November 12, 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 November 12, 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, Kris Southward, Rob Beckham, Jimmy McNeil, and Councilwoman Kay Alexander. Also present were City Manager Roy L. McDaniel, Assistant City Manager Michael Morrison, City Attorney Sharon Hicks, City Secretary Jo Moore, and various members of the City staff.
Councilman Jimmy McNeil gave the invocation; then led the Council and audience in the Pledge of Allegiance.
Mayor Barr announced the election of Jo Moore as Vice-President of the Texas Municipal Clerks Association.
Mayor Barr presented a Proclamation for November 19, 2001 – January 3, 2002 as “Safe Holidays Ahead Days”.
There being no corrections, additions, or deletions to the October 25, 2001 and November 1, 2001 Regular Council Meeting minutes, Councilman Southward moved to approve the minutes as printed. Councilman McNeil seconded the motion and the motion carried.
AYES: Councilmen Archibald, Southward, Beckham, McNeil, Councilwoman Alexander, and Mayor Barr.
NAYS: None.
Mayor Barr noted that consent agenda Item 3.6 has been removed from today’s agenda. Councilwoman Alexander moved to approve consent agenda items 3.1 through 3.5, 3.7 through 3.9, 3.14, and first reading of items 3.10 through 3.13. Councilman Archibald seconded the motion and the motion carried.
AYES: Councilmen Archibald, Southward, Beckham, McNeil, Councilwoman Alexander, and Mayor Barr.
NAYS: None.
Resolutions:
3.1 Oral Resolution authorizing an amendment of lease terms between the City of Abilene and Abilene Preservation League, Inc. on the Elks Lodge Building as follows: Section 1 - extend the original maturity from January 1, 2040 by one option period to January 1, 2050 leaving four option periods of ten years each; Section 2 - lessee will pay lessor $1.00 per year and all associated expenses with maintaining and operating the building (triple net lease); and Section 11 – Lessee may assign its rights and interest under the lease with the written consent of the Lessor to an entity established to carry the renovation of the building.
3.2 Oral Resolution authorizing the City Manager to enter into agreement with HNTB for basic engineering design services associated with (Task Order Number One) runway safety area improvements to Runway 17L-35R at the Abilene Regional Airport.
3.3 Resolution supporting the Public Utility Commission’s Texas 325 Area Code Relief Alternative Number 4 – Three-Way Geographic Split.
The Resolution is numbered 41-2001 and is captioned as follows:
A RESOLUTION SUPPORTING ALTERNATIVE NUMBER 4 – THREE-WAY GEOGRAPHIC SPLIT – OF THE TEXAS 325 NUMBERING PLAN AREA RELIEF (PUBLIC UTILITIES COMMISSION PROJECT NUMBER 24256)
3.4 Oral Resolution approving a contract with the National Development Council for professional and development services for FY 2001/2002.
3.5 Oral Resolution authorizing the City Manager to enter into an Interlocal Agreement with Texas Local Government Purchasing Cooperative.
3.6 Resolution authorizing TIF funding to support the Wooten Project. Removed from the agenda.
3.7 Resolution establishing the Abilene Community Excellence (ACE) Oversight Committee.
The Resolution is numbered 42-2001 and is captioned as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ABILENE, TEXAS, ESTABLISHING AN ABILENE COMMUNITY EXCELLENCE (ACE) OVERSIGHT COMMITTEE.
3.8 Resolution approving a management contract with the Housing Authority of Abilene.
The Resolution is numbered 43-2001 and is captioned as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ABILENE, TEXAS, APPROVING A CONTRACT WITH THE HOUSING AUTHORITY OF ABILENE TO PROVIDE MANAGEMENT SERVICES FOR THE HOUSING PROGRAMS OF THE AUTHORITY.
3.9 Approval of final reading: Ordinance regarding Texas Municipal Retirement System (TMRS) Vesting Provision Changes.
The Ordinance is numbered 34-2001 and is captioned as follows:
AN ORDINANCE ELECTING TO NOT PROVIDE FIVE-YEAR VESTING FOR EMPLOYEES OF THE CITY OF ABILENE, TEXAS, WHO ARE MEMBERS OF THE TEXAS MUNICIPAL RETIREMENT SYSTEM.
3.10 Approval of first reading: Ordinance amending Chapter 18, “Motor Vehicles and Traffic”, Sections 18-293 and 18-299, of the Abilene Municipal Code.
AN ORDINANCE AMENDING CHAPTER 18, “MOTOR VEHICLES AND TRAFFIC”, OF THE ABILENE MUNICIPAL CODE, BY AMENDING CERTAIN SECTIONS AS SET OUT BELOW; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING A PENALTY.
3.11 Approval of first reading: TC-00101 – Thoroughfare abandonment of a portion of Poplar Street between South 2nd and South 3rd Streets, and set a public hearing for December 13, 2001 at 8:30 a.m.
AN ORDINANCE PROVIDING FOR THE ABANDONMENT OF A PORTION OF PUBLIC RIGHT OF WAY; PROVIDING FOR THE TERMS AND CONDITIONS OF SUCH ABANDONMENT, AND CALLING A PUBLIC HEARING.
3.12 Approval of first reading: Z-04201 – Rezone from RS-6, MH, LI (Residential Single Family, Mobile Home, Light Industrial) to GC (General Commercial) or LC (Limited Commercial) zoning district property located at North 18th & North 19th and Mesquite & North Treadaway, and set a public hearing for December 13, 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-04401 – Rezone from O (Office) to LC (Limited Commercial) zoning district property located in the 2000 block of S. Danville, and set a public hearing for December 13, 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.
Bid Awards:
3.14 Computer network equipment, Bid #CB-2011. The bid was awarded to Hays Communications in the amount of $73,968.79 as the most advantageous and beneficial for the City of Abilene, as recommended by staff.
REGULAR AGENDA
Special Considerations
4.1 Jo Moore, City Secretary, briefed the Council on a Resolution canvassing the returns and declaring the results of the November 6, 2001 Special Election that was held for the purpose of electing a Councilmember to fill the unexpired term in Place 3. The returns show that Anthony Williams was elected to Council Place 3, having received the majority (52.50%) of the votes cast. Total votes cast were as follows: Anthony Williams – 2873, Mike Hernandez – 2599.
Councilman Archibald moved to approve the Resolution canvassing the returns and declaring the results of the Special election held November 6, 2001 as presented by staff. Councilman Southward seconded the motion and the motion carried.
AYES: Councilmen Archibald, Southward, Beckham, McNeil, Councilwoman Alexander, and Mayor Barr.
NAYS: None.
The Resolution is numbered 44-2001 and is captioned as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ABILENE, TEXAS, CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE SPECIAL ELECTION HELD IN THE CITY OF ABILENE ON NOVEMBER 6, 2001.
4.2 City Secretary Jo Moore administered the Oath of Office to Anthony Williams, Council Place 3.
4.3 Council recessed for a reception honoring newly elected Councilman Williams and former Councilman Victor Carrillo.
Following the reception, Council reconvened into Regular Session at 9:10 a.m.
Mayor Barr welcomed new Councilman Anthony Williams, stating Council is looking forward to serving with him.
Resolutions:
4.4 Councilman McNeil made a motion to remove from the table the Oral Resolution authorizing the City Manager to execute a contract with Neighborhood America, Inc., for web-based public participation and planning services. Councilwoman Alexander seconded the motion and the motion carried.
AYES: Councilmen Archibald, Southward, Williams, Beckham, McNeil, Councilwoman Alexander, and Mayor Barr.
NAYS: None.
Richard Gertson, Director of Community Development, briefed the Council on the Oral Resolution authorizing the City Manager to execute a contract with Neighborhood America, Inc., for web-based public participation and planning services, emphasizing three points: 1) abundance of information and timeliness, 2) interaction, and 3) team collaboration.
Council and staff discussion included: looking at local companies, cost of the service, technical soundness of the service, tracking capabilities, land use plan time frame, expansion of the site, and the need for a point person.
AYES: Councilmen Archibald, McNeil, Councilwoman Alexander, and Mayor Barr.
NAYS: Councilmen Southward, Beckham, and Williams.
4.5 Richard Gertson, Director of Community Development, briefed the Council on an Ordinance considered on second and final reading extending the boundary limits of the City of Abilene and annexing approximately 149 acres located east of FM 89 and 500 feet south of FM 707 pursuant to a petition from all property owners therein. The Planning & Zoning Commission and staff recommend approval.
Mayor Barr opened a public hearing on the item, and the following individual spoke in favor of the request:
· Dale Scoggins, agent for the proponent for re-zone case Z-04001, 3701 High Meadows Dr., recognized staff for their innovation in handling the request.
There being no one else present and desiring to be heard, the public hearing was closed.
AYES: Councilmen Archibald, Southward, Williams, Beckham, McNeil, Councilwoman Alexander, and Mayor Barr.
NAYS: None.
The Ordinance is numbered 35-2001 and is captioned as follows:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ABILENE, TEXAS, PROVIDING FOR THE EXTENSION OF THE BOUNDARY LIMITS OF THE CITY OF ABILENE, TEXAS, AND THE ANNEXATION OF CERTAIN TERRITORY LYING ADJACENT AND CONTIGUOUS TO THE PRESENT BOUNDARY LIMITS OF THE CITY OF ABILENE.
4.6 Richard Gertson, Director of Community Development, briefed the Council on the Ordinance considered on second and final reading - Z-04001 – Rezone from AO (Agricultural Open Space) to PDD (Planned Development) zoning district property located on the southeast corner of Buffalo Gap Road and FM 707. The Planning & Zoning Commission and staff recommend approval.
Mayor Barr opened a public hearing on the item, and there being no one present and desiring to be heard, the public hearing was closed.
AYES: Councilmen Archibald, Southward, Williams, Beckham, McNeil, Councilwoman Alexander, and Mayor Barr.
NAYS: None.
The Ordinance is numbered 36-2001 and is captioned as follows:
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.
Mayor Barr stated the Council will go 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.
Following Mayor Barr’s announcement that he will be seeking re-election in May, 2002, Council recessed into executive session.
The Council reconvened from executive session and reported no action taken.
5.1 Councilman Southward moved to approve Mayor Barr’s appointments and reappointments to various boards and commissions as listed below. Councilman Archibald seconded the motion and the motion carried.
AYES: Councilmen Archibald, Beckham, Williams, Southward, McNeil, Councilwoman Alexander, and Mayor Barr.
NAYS: None.
Reappoint:
Harwell Barber
Raleigh Brown
Richard Johnson
Appoint:
Dr. Joe Cannon
Airport Development Board - 3 yr. terms
Reappoint:
Robert Patterson
Kathy Webster
Larry Gill, Abilene Chamber of Commerce
Reappoint:
Dr. Jack Callan,DVM
Megan Santee, City’s legal rep.
Reappoint:
David Hejl, Alternate
Appoint:
Jim Salisbury, Alternate
Rick Waldraff
Morton Langholtz
Reappoint:
Tim Crowe, Alternate General Contractor
Hope Hendrix, Alternate Social Worker
Betty Blazier-Bradley, Social Worker
Appoint:
Don Faulkner, from Alternate Building Contractor to Regular Building Contractor
Jon L. McDonald, Alternate Building Contractor
DeeAnn Yielding, Banker
Mike McLean, Home Builder
Perry Haynes, Alternate Engineer
Reappoint:
Dan Harwell
Housing Authority - 2 yr. terms
Reappoint:
Earl Williams
Appoint:
Dr. Margarita Decierdo
Bridget Franciski
Keep Abilene Beautiful, Inc. - 3 yr. terms
Reappoint:
Linda Neal
Denna O’Connor
Gary Bomar
Appoint:
Doug Hodel
Victor Carrillo
Landmarks Commission - 3 yr. terms
Reappoint:
Kathy Aldridge
Ruby Perez
Appoint:
Johnny Almaguer, Alternate At-Large
Library Board - 2 yr. terms
Reappoint:
Joe Specht
Adelina Zamarippa
Laura Dyer
Elizabeth Sisneros
Stan Chapman
MPE/Swimming Pool Board of Appeals
Reappoint:
Anthony McColum, Alternate Building Contractor
Wayland Schroeder, Architect
Curtis Watson, Master Electrician
Jay Wyatt, Alternate Master Electrician
Appoint:
Dennis Watson, Swimming Pool Contractor
Pat Watkins, Alternate Mechanical Contractor
Ken Woolsey, Building Contractor
Electrical Subcommittee:
Appoint:
Mike Ward, Building Contractor
Reappoint:
Vic Overman, Journeyman Electrician
Planning & Zoning Commission - 3 yr. terms
Reappoint:
Tim Rice McClarty
Appoint:
Pam Percival
Eddie Boykin
Reinvestment Zone #1 - 2 yr. terms
Reappoint:
Chuck Statler, Co. Rep.
Ruppert Rangel
Rhonda Bolt
Greg Blair
Judy Godfrey
Mary Helen Munoz
Youth Advisory Council - 1 yr. terms
Reappoint:
Kristen Abaquin, Wylie HS
Katie Davenport, Cooper HS
Jessica Garcia, Cooper HS
Kendra Hulin, Abilene HS
Willie Kershaw, Cooper HS
Humberto Maciel, Abilene HS
Lorrie Massie, Cooper HS
Katie Merck, Cooper HS
Alesha Mitchell, Cooper HS
Marcus Morris, Wylie HS
Bret Pinson, Abilene HS
Katie Rich, Abilene Christian HS
Laura Schmitt, Abilene HS
Joan Strong, Wylie HS
Keith Taillon, Cooper HS
Appoint:
Kevin Harris, Cooper HS
Kaitlyn Walters, Madison MS
Bryan Young, Madison MS
Lamisa Martinez, Mann MS
Mason Gallaway, Mann MS
Dallas Broadstreet, Wylie HS
Emily Motsinger, Wylie HS
Mandy Jackson, Abilen Christian HS
Danny Dudgeon, Lincoln MS
Ada Rosenbaum, Abilene HS
Nichole Walch, Cooper HS
Donald Barnes, Cooper HS
Jud Beall, Wylie HS
April Young, Cooper HS
Landen Harris, Abilene HS
5.4 Roy McDaniel, City Manager, briefed the Council on a Resolution voting to elect Harold Nixon and Betty Ray to the 2001-2002 Board of Directors of the Central Appraisal District of Taylor County. Staff recommends approval.
Councilwoman Alexander moved to approve the Resolution voting to elect Harold Nixon (with 834 votes cast) and Betty Ray (with 210 votes cast) to the 2001-2002 Board of Directors of the Central Appraisal District of Taylor County. Councilman Archibald seconded the motion and the motion carried.
AYES: Councilmen Archibald, Beckham, Williams, Southward, McNeil, Councilwoman Alexander, and Mayor Barr.
NAYS: None.
The Resolution is numbered 45-2001 and is captioned as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ABILENE, TEXAS, TO VOTE ON BOARD OF DIRECTOR MEMBERS FOR THE CENTRAL APPRAISAL DISTRICT OF TAYLOR COUNTY.
5.5 Sharon Hicks, City Attorney briefed the Council on a Resolution reappointing Keith A. Barton Municipal Court Judge for a term of two years. Staff recommends approval.
Councilman McNeil moved to approve the Resolution effective December 5, 2001 reappointing Keith A. Barton Municipal Court Judge for a term of two years, as recommended by staff. Councilwoman Alexander seconded the motion and the motion carried.
AYES: Councilmen Archibald, Beckham, Williams, Southward, McNeil, Councilwoman Alexander, and Mayor Barr.
NAYS: None.
The Resolution is numbered 46-2001 and is captioned as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ABILENE, TEXAS, REAPPOINTING KEITH A. BARTON MUNICIPAL COURT JUDGE FOR A TERM OF TWO (2) YEARS.
There being no further business, the meeting was adjourned at 10:57 a.m.
_____________________________ ______________________________
Jo Moore Grady Barr
City Secretary Mayor