October 11, 2001, 8:30 A.M.
CITY COUNCIL OF THE CITY OF
ABILENE, TEXAS
CITY COUNCIL CHAMBERS OF CITY
HALL
The
City Council of the City of Abilene, Texas, met in Regular Session on October 11, 2001, at 8:30 a.m. in the City
Council Chambers of City Hall. Mayor Grady
Barr was present and presiding with Councilmen Norm Archibald, Rob Beckham, Kris Southward, Jimmy McNeil, and Councilwoman Kay
Alexander. Also present were City
Manager Roy L. McDaniel, Assistant City Manager Michael Morrison, Assistant
City Attorney Daniel Santee, City Secretary Jo Moore, Secretary to the City
Secretary Debbie Hurley, and various members of the City staff.
Councilman
Norm Archibald gave the invocation.
Pledge of Allegiance was led by
Kristen Wylie, a fifth grader at Austin Elementary School. Also present were Kristen’s sister and
mother, Angie Wylie.
Debbie
Hurley, Secretary to the City Secretary, assisted Mayor Barr in presenting the
following Employee Service Awards:
30
Years Roston I. Dunman Police
Officer
Police
25
Years Bobby R. Baugus Fire
Fighter
Fire
25
Years Jerry A. Dennis Fire
Fighter
Fire
20
Years Josue Flores Body
& Fender Repairer II
Equipment Services
20
Years Michael D. Hardesty Equipment
Operator
Street Division
20
Years Thomas M. Valdez Police
Officer
Police
Mayor Barr introduced Tucker
Bridwell, chair of the Development Corporation of Abilene. Mr. Bridwell stated
he will be rotating off the board after two terms and thanked the Council, as
well as the six years of previous Councils under which he served, for the
opportunity to serve on the DCOA. Mr. Bridwell then presented to the Council a
status report of the DCOA which included: a review of the board’s goals,
10-year statistical reports of sales tax revenue comparisons with other cities,
jobs committed, unemployment rates, regional workforce, real & personal
property appraised values, Dyess economic impact analysis, balance sheet items,
history of progress, assisted projects since 1990, assets for a competitive
edge, major obstacles and challenges, and future growth.
Mayor Barr and the Council commended
and thanked Mr. Bridwell for his excellent leadership of the board and
encouraged the DCOA to increase public awareness as to the DCOA functions. The Mayor recognized board member Ken
Burgess who was also in attendance, and asked Mr. Bridwell to list the names of
the other board members; then asked Lisa Hughes, Director of Economic Development,
to introduce her staff. Ms. Hughes
recognized Kim Tarrant, David White, Gary Bailey, John Dugan, Lori Sterling,
and Lisa Stites. Mayor Barr then
presented to Mr. Bridwell a Certificate of Appreciation for his six years of
service on the DCOA Board.
No Council action was required.
There being no corrections, additions, or
deletions to the September 27, 2001 Council minutes, Councilman Southward moved to approve the minutes as presented.
Councilman McNeil seconded the motion and the motion carried.
AYES: Councilmen Archibald, Beckham, Southward,
McNeil, Councilwoman Alexander, and Mayor Barr.
NAYS: None.
Councilman
Archibald moved to approve consent
agenda items 3.1 through 3.9, and first reading of items 3.10 through 3.13, as
recommended by staff. Councilwoman Alexander seconded the motion and the motion carried.
AYES: Councilmen Archibald, Beckham, Southward, McNeil, Councilwoman Alexander, and Mayor Barr.
NAYS: None.
Resolutions:
3.1
Resolution appointing
election officials for November 6, 2001 Special Election, and fixing their rate
of compensation.
The Resolution is numbered 36-2001 and is captioned as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ABILENE, TEXAS, APPOINTING VARIOUS ELECTION OFFICIALS, AND FIXING THEIR RATE OF COMPENSATION FOR THE NOVEMBER 6, 2001 SPECIAL ELECTION TO BE HELD IN CONJUNCTION WITH TAYLOR COUNTY’S SPECIAL ELECTION FOR STATE SENATOR/CONSTITUTIONAL AMENDMENT ELECTION.
3.2 Oral Resolution approving an Interlocal Agreement between the City of Abilene and Taylor County for transfer of a 1975 Ford Pumper fire truck for assignment to a volunteer fire department.
3.3 Oral Resolution authorizing $15,000.00 of TIF funds to the Abilene Improvement Corporation to fund a finder’s fee for the marketing of the T&P Warehouse.
3.4 Oral Resolution authorizing payment of $31,325.50 to Starks Construction Co. for alley repair between N. 2nd and N. 3rd Streets.
3.5 Restrooms at Southwest Drive Park and Mann Athletic Complex, Bid #CB-1077. The bid was awarded to the Crowe Group Inc., of Abilene, Texas in the amount of $104,690.00 as recommended by staff.
3.6 Tennis and Play courts at Vaughn-Camp and Lee Parks, Bid #CB-1079. The bid was awarded to Starks Construction of Abilene, Texas in the amount of $104,158.95, as recommended by staff.
3.7 Frontloader Refuse Trucks, Bid #CB-1064. The bid was awarded to Hughes Truck Center, the low responsible bidder, in the amount of $413,012.00 as recommended by staff.
3.8 Abilene Fire Department diesel exhaust systems, Bid #CB-1078. The bid was awarded to Air Cleaning Technologies, Inc. in the amount of $64,226.00 as recommended by staff.
3.9 Pumps and motors for the High Level Pump Station, Bid #CB-1075. The City Council authorized the purchase of three pump and motor units from Leonard Water Services in the amount of $30,351.00 as the most advantageous proposal, as recommended by staff.
Ordinances:
3.10 Approval of first reading: Z-03701 – Rezone from LI (Light Industrial) to HC (Heavy Commercial) zoning district property located at 150 Locust, and set a public hearing for October 25, 2001 at 8:30 a.m.
AN ORDINANCE AMENDING CHAPTER 23, “PLANNING AND COMMUNITY DEVELOPMENT,” SUBPART E, “ZONING,” OF THE ABILENE MUNICIPAL CODE, BY CHANGING THE ZONING DISTRICT BOUNDARIES AFFECTING CERTAIN PROPERTIES, AS DESCRIBED BELOW, DECLARING A PENALTY, AND CALLING A PUBLIC HEARING.
3.11 Approval of first reading: Appealed Item: Z-03801 – Rezone from AO (Agricultural Open Space) to MH (Mobile Home) zoning district property located at 8150 Hwy. 80 West, and set a public hearing for October 25, 2001 at 8:30 a.m.
AN ORDINANCE AMENDING CHAPTER 23, “PLANNING AND COMMUNITY DEVELOPMENT,” SUBPART E, “ZONING,” OF THE ABILENE MUNICIPAL CODE, BY CHANGING THE ZONING DISTRICT BOUNDARIES AFFECTING CERTAIN PROPERTIES, AS DESCRIBED BELOW, DECLARING A PENALTY, AND CALLING A PUBLIC HEARING.
3.12 Approval of first reading: Z-03901 – Rezone from to LI (Light Industrial) to CB (Central Business) zoning district property located between N. 1st & N. 2nd Streets and Walnut & N. Treadaway, and set a public hearing for October 25, 2001 at 8:30 a.m.
AN ORDINANCE AMENDING CHAPTER 23, “PLANNING AND COMMUNITY DEVELOPMENT,” SUBPART E, “ZONING,” OF THE ABILENE MUNICIPAL CODE, BY CHANGING THE ZONING DISTRICT BOUNDARIES AFFECTING CERTAIN PROPERTIES, AS DESCRIBED BELOW, DECLARING A PENALTY, AND CALLING A PUBLIC HEARING.
3.13 Approval of first reading: Z-04001 – Rezone from AO (Agricultural Open Space) to PDD (Planned Development) zoning district property located at F.M. 707 and F.M. 89, southeast corner, and set a public hearing for October 25, 2001 at 8:30 a.m.
AN ORDINANCE OF THE CITY OF ABILENE,
TEXAS, AMENDING CHAPTER 23, SUBPART E, "ZONING," OF THE ABILENE
MUNICIPAL CODE; CONCERNING PDD-74 PART A PLANNED DEVELOPMENT DISTRICT;
CALLING A PUBLIC HEARING; PROVIDING A PENALTY AND AN EFFECTIVE DATE.
REGULAR AGENDA
Public Appearance:
4.1 Presentation by URS/BRW Consultant on Comprehensive Plan Process. Richard Gertson, Director of Community Development, stated that during the week of September 25 the comprehensive plan consultant, URS/BRW, was in Abilene conducting a round of stakeholder interviews. The Comprehensive Plan Steering Committee also held its first meeting during that week. Mr. Gertson then introduced Jim Maguire, URS/BRW Consultant of Dallas, Texas, who gave a slide presentation outlining the upcoming Comprehensive Plan Process and the public participation component. Mr. Maguire also distributed printouts of the slide presentation to the Council. Mr. Maguire stated “Comprehensive” is the pulling together of a lot of the work a community has done over time and “Vision” is how a community sees their future. Mr. Maguire outlined the Elements of the Plan, Community Involvement, the Role of the Steering Committee, the Steering Committee Members, Public Forums to be held in November 2001, and the Schedule (Project Timeline).
Mayor Barr commended Mr. Maguire and the Community Development staff on planning the public forums to accommodate the public by including both evening and morning forums.
No Council action was required.
Ordinances:
4.2 Cassie Hughes, Building Official, briefed the Council on an Ordinance amending the 1999 National Electrical Code, Article 336-5. Ms. Hughes stated the City of Abilene has restricted use of non-metallic sheathed cable (NMC) in commercial structures for many years, by amending article 336 of the National Electrical Code. The proposed amendment will allow use of NMC, commonly referred to as “romex”, in commercial buildings with some restrictions. Buildings that will be affected are primarily wood frame construction less than 5,000 square feet, and residences converted to business use. The proposed amendment was developed by a committee of electricians, engineers and staff, and potentially allows for increased economic development in structures constructed as a residence, but zoned and more ideally suited for business or retail. The MPE Board, Electrical Subcommittee, and staff recommend approval.
Ms. Hughes further stated the City of Abilene has required all commercial structures to be wired in conduit for over 30 years. The codes are reviewed on a typical 3-year publishing cycle. During the review of the 1999 National Electrical Code, the committee proposed keeping the restriction that all commercial structures must be wired in conduit. The committee recommendation was accidentally omitted from the printed proposal reviewed and accepted by both the Mechanical, Plumbing, Electrical and Swimming Pool Board of Appeals (MPE Board) and the City Council. Staff became aware of the omission in June 2001, when a residence had been rezoned to office use and was in the process of complying with requirements for a certificate of occupancy.
Immediately, upon knowledge of this, the staff evaluated Article 336 and its application. Information was then presented to the Electrical Sub-Committee for direction regarding amending the National Electrical Code to reflect previous years amendment, or to utilize the National Electrical Code, Article 336, to allow greater use of romex. The Electrical Subcommittee elected to utilize the National Electrical Code, Article 336, as published, with no amendment. This recommendation was forwarded to the MPE Board on July 10, 2001. The MPE Board agreed with the Electrical Sub-committee, and also elected to utilize the National Electrical Code, Article 336, as published, with no amendment.
A notice was sent out to the electrical contractors, architects and engineers. A number of electrical contractors opposed the change and requested the issue be considered further. Staff placed the item on the agenda of the next Electrical Sub Committee, which reopened the issue. At the request of those present, staff was asked to check with other cities regarding any amendments they might have to Article 336. In addition, a committee was asked to evaluate the technical provision of Article 336. A meeting was held on August 29, 2001 with various individuals serving as representatives of the electrical construction industry.
A result of the ten cities surveyed was presented as follows: Six cities prohibited the use of non-metallic cable in commercial structures; two cities utilized Article 336 of the National Electrical Code, with no amendments; and two cities allowed limited use of non-metallic cable in commercial structures. Another meeting held on September 4, 2001 produced a compromise which was presented to the Electrical Sub-Committee on September 5, 2001 and the MPE Board on September 11, 2001.
The proposal has been unanimously supported by the contractors, committees, boards and staff. Ms. Hughes emphasized the importance of recognizing the input and assistance provided to staff by the electrical contractors and engineers. Ms. Hughes concluded by stating this input has been extremely valuable in the development of this proposed code amendment.
Mayor Barr opened a
public hearing, and there being no one present and desiring to be heard, the
public hearing was closed.
Council and staff discussion included: load design requirements, and each case specifically being evaluated.
AYES: Councilmen Archibald, Beckham, Southward, McNeil, Councilwoman Alexander, and Mayor Barr.
NAYS:
None.
The Ordinance is numbered 30-2001 and is captioned as
follows:
AN ORDINANCE AMENDING CHAPTER 8, “CONSTRUCTION REGULATIONS” ARTICLE VI, “CODES AND OTHER REGULATIONS”, DIVISION 3, “ELECTRICAL CODE”; OF THE ABILENE MUNICIPAL CODE, BY AMENDING CERTAIN SECTIONS AS SET OUT BELOW; PROVIDING A SEVERABILITY CLAUSE, DECLARING A PENALTY, AND CALLING A PUBLIC HEARING.
4.3 Cassie Hughes, Building Official, briefed the Council on an Ordinance adopting the 2000 International Building, Residential, Mechanical, Plumbing, and Fuel Gas Codes, with local amendments to each. Ms. Hughes stated it is recommended that these be adopted in order to keep the City’s construction regulations up to date. The International Residential Code is a “stand alone” code to construct one and two-family dwellings and is a new addition to the family of codes that have been utilized in the City of Abilene. The Fuel Gas Code requirements are basically the same as currently used, but were previously included in the plumbing and mechanical codes. These provisions are now in a separate code. Local amendments pertain to licensing and administrative procedures with very limited modifications made to the technical provisions of the International Codes. The International Codes are a culmination of the efforts of the three model code organizations, and has resulted in a comprehensive code package published by the International Code Council, Inc. (ICC). The International Codes are rapidly being adopted by municipalities and states across the country. It is important that Abilene maintains compatible construction regulations with other cities in order to reduce variation to typical standards, and eliminate uncertainty to the design professions and the construction industry. Each Code was reviewed by a citizen’s ad-hoc committee, comprised of contractors, architects, engineers and board members. Ms. Hughes distributed a list of the members of the five review committees. The committees met bi-monthly from January 2001 through June 2001. Staff recommends approval; the MPE Board recommends approval of the 2000 Edition of the International Mechanical, Plumbing, and Fuel Gas Codes; and the Board of Building Standards recommends approval of the 2000 Edition of the International Building and Residential Codes.
Mayor Barr opened a public hearing, and the
following individual spoke in favor of the request:
·
Tommy Harendt, 3110
Broken Bough, Chair of the Board of Building Standards, noted the State and
National Association involvement in the review process and stated their support
of the Ordinance. Mr. Harendt commended
Ms. Hughes and the Building Inspection staff, stating they are doing a good job
working with the committees and the industry.
Mr. Harendt stated the general liability issue will result in a 5% cost
increase to consumers to build a home, and suggested increasing the bond
stating he feels that would be more prudent than general liability.
There being no one else present and desiring to be
heard, the public hearing was closed.
Council and staff discussion included: when the changes would take effect, the notification process, the importance of those that will be impacted being informed of the changes, future consideration being given to either liability insurance or a higher bond and fire protection by upgrading fire retardant roofing materials.
Councilwoman Alexander made a motion to approve the Ordinance adopting the 2000 International Building, Residential, Mechanical, Plumbing, and Fuel Gas Codes, with local amendments to each as recommended by staff, the MPE Board, and the Board of Building Standards. Councilman Southward seconded the motion and the motion carried.
AYES: Councilmen Archibald, Beckham, Southward, McNeil, Councilwoman Alexander, and Mayor Barr.
NAYS:
None.
The
Ordinance is numbered 31-2001
and is captioned as follows:
AN ORDINANCE AMENDING (1) CHAPTER 8, “CONSTRUCTION REGULATIONS” ARTICLE VI, “CODES AND OTHER REGULATIONS”, DIVISION 2, “BUILDING CODE”; OF THE ABILENE MUNICIPAL CODE, BY AMENDING CERTAIN SECTIONS AS SET OUT BELOW; (2) CHAPTER 8, “CONSTRUCTION REGULATIONS” ARTICLE VI, “CODES AND OTHER REGULATIONS”, DIVISION 4, “PLUMBING CODE”; OF THE ABILENE MUNICIPAL CODE, BY AMENDING CERTAIN SECTIONS AS SET OUT BELOW; (3) CHAPTER 8, “CONSTRUCTION REGULATIONS” ARTICLE VI, “CODES AND OTHER REGULATIONS”, DIVISION 5, “MECHANICAL CODE”; OF THE ABILENE MUNICIPAL CODE, BY AMENDING CERTAIN SECTIONS AS SET OUT BELOW; AND AN ORDINANCE APPROVING: (4) CHAPTER 8, “CONSTRUCTION REGULATIONS” ARTICLE VI, “CODES AND OTHER REGULATIONS”, DIVISION 7, “RESIDENTIAL CODE”; OF THE ABILENE MUNICIPAL CODE, BY ADDING CERTAIN SECTIONS AS SET OUT BELOW; (5) CHAPTER 8, “CONSTRUCTION REGULATIONS” ARTICLE VI, “CODES AND OTHER REGULATIONS”, DIVISION 8, “FUEL GAS CODE”; OF THE ABILENE MUNICIPAL CODE, BY ADDING CERTAIN SECTIONS AS SET OUT BELOW; PROVIDING A SEVERABILITY CLAUSE, DECLARING A PENALTY, AND CALLING A PUBLIC HEARING.
Mayor Barr recessed the Council into executive
session pursuant to Sections 551.071, 551.074, and 551.072 of the Open Meetings
Act, to seek the advice of the City Attorney with respect to pending and
contemplated litigation, to consider the appointment and evaluation of public
officers, and to consider the purchase, exchange, lease or value of real
property.
The Council reconvened from executive session and reported no action taken.
5.4 City
Manager Roy McDaniel briefed the Council on the recommendation to nominate
all five current members; Betty Ray, Harold Nixon, Colleen Durrington, Carl
Roeder, and Leland Robinson for reappointment to the Board of Directors for the
Central Appraisal District of Taylor County for 2002-2003.
Councilman
McNeil moved to approve the Resolution nominating Board of Directors
candidates Betty Ray, Harold Nixon, Colleen Durrington, Carl Roeder, and Leland
Robinson for the Central Appraisal District of Taylor County for 2002-2003. Councilman Archibald seconded the motion and the motion carried.
AYES: Councilmen Archibald, Beckham, Southward, McNeil, Councilwoman Alexander, and Mayor Barr.
NAYS:
None.
The Resolution is numbered 37-2001 and is captioned as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ABILENE, TEXAS, NOMINATING BOARD OF DIRECTOR CANDIDATES FOR THE CENTRAL APPRAISAL DISTRICT OF TAYLOR COUNTY.
There
being no further business, Mayor Barr adjourned the meeting at 11:05 a.m.
_____________________________ ______________________________
Jo
Moore Grady
Barr
City
Secretary Mayor