PRE-COUNCIL WORK SESSION, THURSDAY

CITY COUNCIL MEETING

April 11, 2002, 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 April 11, 2002, 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, Anthony Williams, 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 Anthony Williams gave the invocation.

Pledge of Allegiance was led by Bernard Day, a fifth-grader at Reagan Elementary. Also in attendance was the school principal, Mr. Lockett.

City Secretary Jo Moore assisted Mayor Barr in presenting Employee Service Awards as follows:

25 years Santos Perez Police Officer

Police

20 Years Billy J. Schulle Fire Fighter

Fire

Mayor Barr presented the following Proclamations:

April 11, 2002 as “World Parkinson’s Disease Day”; and

April 7-13, 2002 as “Week of the Young Child”.

City Manager Roy McDaniel introduced Donna Kleman, Deputy Emergency Management Coordinator. Ms. Klemen stated today’s Weapons of Mass Destruction (WMD) Exercise presentation would be made by Mr. Jack Colley, Assistant EMC for Texas from the Governor’s Division of Emergency Management. Ms. Kleman stated the extent of this exercise, which will be held in Abilene this year, is tremendous in scope, as it will challenge the capacity of our community to communicate and work together with an array of people and organizations within the context of a “disaster”. Ms. Kleman stated it is also important to understand the “line of succession” necessary to keep our areas of responsibility functioning during a disaster, therefore at least one other person from each department or organization is encouraged to attend. This event will be an excellent opportunity to meet members of city, county, state, business, and private organizations who will be involved in the upcoming meetings, which will be June 12, 2002 – Exercise Orientation Meeting; July 10, 2002 – Exercise Scenario Planning Meeting; August 6-8, 2002 – Tabletop Exercise & Incident Command System Class; and September 17-19, 2002 – Functional Scale Exercise. Mr. Colley then gave a presentation on the exercise, stating 17 cities are participating in the program this year, and that citizens are funding the exercise. The 2-1/2 day functional exercise is designed to test local officials, jurisdictional decisionmakers, and representatives of agencies involved to respond to a simulated emergency or disaster in the community by focusing on their policies, procedures, and roles and responsibilities, and evaluating their response and capability.

Mayor Barr thanked Mr. Colley and commended the State for supporting the program, and recognized Taylor County Judge Victor Carrillo.

No Council action was required.

DISPOSITION OF MINUTES

There being no corrections, additions, or deletions to the March 28, 2002 Regular City Council and Critical Issues Workshop minutes, Councilwoman Alexander made a motion to approve the minutes as printed. Councilman McNeil seconded the motion and the motion carried.

AYES: Councilmen Archibald, Southward, Williams, Beckham, McNeil, Councilwoman Alexander, and Mayor Barr.

NAYS: None.

CONSENT AGENDA

Theodore Polovy, 401 Pine St., Apt. 6B requested Items 3.13 and 3.14 be removed from the consent agenda to be considered separately; and Kathleen Wood, 4309 Edgewood, requested Item 3.13 be removed from the consent agenda to be considered separately. Councilman Southward made a motion to approve consent agenda items 3.1 through 3.11, and first reading of items 3.12, 3.15, and 3.16. Councilman Archibald seconded the motion and the motion carried.

AYES: Councilmen Archibald, Southward, Williams, Beckham, McNeil, Councilwoman Alexander, and Mayor Barr.

NAYS: None.

Resolutions:

3.1 Resolution re-designating Habitat for Humanity – Abilene, Inc. as a Community Housing Development Organization (CHDO) and authorizing disbursement of HOME Investment Partnerships (HOME) funds.

The Resolution is numbered 8-2002 and is captioned as follows:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ABILENE, TEXAS, APPROVING THE REDESIGNATION OF HABITAT FOR HUMANITY, ABILENE, INC., AS A COMMUNITY HOUSING DEVELOPMENT ORGANIZATION (CHDO), AND AUTHORIZING DISBURSEMENT OF HOME INVESTMENT PARTNERSHIPS PROGRAM (HOME) FUNDS FROM FY 1998/99, 1999/00 AND 2000/01.

3.2 Oral Resolution authorizing the Mayor to execute an Interlocal Agreement with the Texas Department of Criminal Justice for Water, Wastewater, and Solid Waste Services to the Middleton and Robertson Units.

Bid Awards:

3.3 Global Positioning System (GPS) Base Station and two Rover Units, Bid #CB-2054. The bid was awarded to Leica Geosystems as the most advantageous proposal in the amount of $74,984.80, as recommended by staff; and Council authorized the City Manager to execute the contract for the project.

3.4 Backhoe trailers for Water Department, Bid #CB-2052. The bid was awarded to Abilene Trailer Sales, the low responsive bidder in the amount of $42,475.00, as recommended by staff.

3.5 Pavement and Pavement Marking Maintenance at Abilene Regional Airport, Bid #CB-2059. Council authorized the City Manager, by Oral Resolution, to enter into a contract with BC&L Pavement Services of San Antonio, Texas in the amount of $122,743.60, as recommended by staff.

3.6 One Aircraft Rescue & Fire Fighting ARFF Vehicle, and authorizing City Manager to execute contract and 20% pre-payment, Bid #CB-2016. Council authorized the City Manager, by Oral Resolution, to enter into a contract with Emergency One, and to allow a pre-payment of 20% allowing the City of Abilene to receive a 0.50% discount saving approximately $2,097.67 off the total of $419,534.00 for a revised total of $417,436.33, as recommended by staff.

3.7 Poplar Street Rehabilitation, Bid #CB-2061. The bid was awarded to Contract Paving, Tye, Texas in the amount of $239,535.40, as recommended by staff.

3.8 College Heights Rehabilitation Phase III, Bid #CB-2062. The bid was awarded to Contract Paving, Tye, Texas in the amount of $414,188.76, as recommended by staff.

3.9 Self-contained breathing apparatus (SCBA) for Fire Department, Bid #CB-2064. The purchase of 32 complete SCBA units and 32 spare cylinders in the amount of $94,590 was awarded to Casco Industries, the low bidder, as recommended by staff.

3.10 Law Enforcement Center roof replacement, Bid #CB-2057. The bid was awarded to Lydick-Hooks Roofing in the amount of $115,750, as recommended by staff.

3.11 Law Enforcement Center cooling tower replacement, Bid #CB-2058. The bid was awarded to Liberty Mechanical Services in the amount of $63,985.00, as recommended by staff.

Ordinances:

3.12 Z-01102 – Rezone from AO & GC (Agricultural Open Space & General Commercial) to GC (General Commercial) zoning district property located at 365 E. S. 11^th Street, and set a public hearing for April 18, 2002 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 Removed from the consent agenda to be considered separately. Z-01502 – Rezone from AO (Agricultural Open Space) to PDD (Planned Development) zoning district property located in the 4500 block of Southwest Drive, and set a public hearing for April 18, 2002 at 8:30 a.m.

3.14 Removed from the consent agenda to be considered separately. Z-01602 – Rezone from O (Office) to GC (General Commercial) zoning district property located at 1001 Grape Street, and set a public hearing for April 18, 2002 at 8:30 a.m.

3.15 Pending Appeal: Z-01702 – Rezone from RM-3 (Residential Multi Family) to LC (Limited Commercial) zoning district property located at 1125 & 1141 Hickory Street, and set a public hearing for April 18, 2002 at 8:30 a.m.

3.16 Ordinance considering a petition to annex approximately 15.0 acres located on the east side of FM 89, adjacent to the City limit line, and set a public hearing for May 23, 2002 at 8:30 a.m.

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.

REGULAR AGENDA

Item 3.13, Z-01502 – Rezone from AO (Agricultural Open Space) to PDD (Planned Development) zoning district property located in the 4500 block of Southwest Drive, and Item 3.14, Z-01602 – Rezone from O (Office) to GC (General Commercial) zoning district property located at 1001 Grape Street, were removed from the Consent Agenda to be considered separately. Mr. Theodore Polovy inquired about the vicinity of the proposed change on item 3.13.

Richard Gertson, Director of Community Development, explained that the area in question is immediately west of Wal-Mart, on the north side of Southwest Drive.

Bruce Wood, 4309 Edgemont, questioned when he could address item 3.13.

Staff explained that the public hearing for items 3.13 and 3.14 would be held April 18, 2002.

Mr. Gertson stated on item 3.14 the business existed prior to the request for rezoning and that the applicant is seeking the rezoning to validate the use.

3.13 & 3.14 Councilman Archibald made a motion to approve first reading of the Ordinances as follows: Z-01502 – Rezone from AO (Agricultural Open Space) to PDD (Planned Development) zoning district property located in the 4500 block of Southwest Drive, and set a public hearing for April 18, 2002 at 8:30 a.m.; and Z-01602 – Rezone from O (Office) to GC (General Commercial) zoning district property located at 1001 Grape Street, and set a public hearing for April 18, 2002 at 8:30 a.m. Councilman Southward seconded the motion and the motion carried.

AYES: Councilmen Archibald, Southward, Williams, Beckham, McNeil, Councilwoman Alexander, and Mayor Barr.

NAYS: None.

The Ordinances are captioned as follows:

AN ORDINANCE OF THE CITY OF ABILENE TEXAS, AMENDING CHAPTER 23, SUBPART E, “ZONING,” OF THE ABILENE MUNICIPAL CODE, CONCERNING PDD-75 PLANNED DEVELOPMENT DISTRICT; CALLING A PUBLIC HEARING; PROVIDING A PENALTY AND AN EFFECTIVE DATE.

Resolutions:

4.1 Richard Gertson, Director of Community Development, briefed the Council on a Resolution approving an amendment of the Southwest Area Land Use Plan and a concurrent amendment to the Thoroughfare Plan. Mr. Gertson stated current interest in extending commercial development along Southwest Drive has necessitated a review of the Southwest Area Land Use Plan (SWALUP). Staff proposes amendments to the Plan north of Southwest Drive west to Elm Creek. The area is currently designated as appropriate for low density residential. Changes include a large area of high-density commercial PDD, some low-density commercial, and high-density residential (duplex to multi-family) for the balance of the property. The Planning and Zoning Commission expanded the band of low-density commercial all the way to Elm Creek. Staff concurs, and also recommends that all low-density commercial be developed as PDD.

Mr. Gertson further stated the SWALUP and Thoroughfare Plan have always included an extension of Post Oak Road from the Wyndrock Subdivision to Southwest Drive. Alternative road alignments were presented to a large gathering of neighborhood residents and area business owners on March 28. The group expressed concerns about existing and potential flooding and traffic problems. There was no final consensus concerning the best alignment for the collector street, but several participants favored a route west around the large unimproved stormwater detention area as a way of discouraging cut-through traffic. Based upon that input, and to accommodate design needs of the SCC Development Company (Case No. Z-01502), staff proposes the Post Oak Extension be realigned to the west. The Planning and Zoning Commission and staff recommend approval of the resolution adopting amendments to the Southwest Area Land Plan-1993 and amending the Plan map of the Abilene Thoroughfare Plan.

Bruce and Kathleen Wood, 4309 Edgewood, stated objections to any extension of Post Oak Road for any reason, noting they had collected 174 signatures representing 121 properties with the majority being opposed to the extension.

Scott Senter, realtor, explained the history of the property, stating the property owners are agreeable to the road extending to the west or to having no road built.

Council and staff discussion included: 1) the issue before the Council today being consideration of the realignment of Post Oak Road and not a decision to build the road; 2) rerouting of the road extension being instrumental in Home Depot’s decision to build a store in the area; 3) future Councils having the right to make additional amendments to the Plans; 4) the principal focus of the extension being a public safety issue; 5) Home Depot or the land developer paying $154,000 toward the cost of the Post Oak Road extension to compensate for the extra cost of rerouting it; and 6) the cost to taxpayers if the extension is removed now and then added back in the future which would nullify any private party’s sharing in the cost.

Councilman Archibald made a motion to approve the Resolution amending the Southwest Area Land Use Plan-1993 and amending the Plan Map of the Abilene Thoroughfare Plan as recommended by the Planning and Zoning Commission and staff. Councilman Beckham seconded the motion and the motion carried.

AYES: Councilmen Archibald, Southward, Williams, Beckham, McNeil, Councilwoman Alexander, and Mayor Barr.

NAYS: None.

The Resolution is numbered 9-2002 and is captioned as follows:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ABILENE, TEXAS, AMENDING THE SOUTHWEST AREA LAND USE PLAN-1993 AND AMENDING THE PLAN MAP OF THE ABILENE THOROUGHFARE PLAN

4.2 Councilman Norm Archibald briefed the Council on an Oral Resolution approving a new Mission Statement for the City of Abilene. Councilman Archibald stated a new mission statement was discussed during a Council retreat last year. A group of employees and community leaders then discussed and drafted a mission for the organization. The mission, for Council’s consideration, is: “We work together to build a community of the highest quality for present and future generations”

We work together…the council and the staff work as the City of Abilene team. The City works together with our citizens.

..to build a community… our purpose is to work toward improving the lives of our citizens.

..of the highest quality…we should strive to make our community the best that it can be.

..for present and future generations.. we should look beyond today and understand that we may not see the benefits of what we do today, but know that we have taken steps to ensure the quality of our community for those who will come after.

Councilman Archibald recommended if the statement is adopted, that it be used and marketed and effectively communicated to all people.

Mayor Barr stated his appreciation to all involved in developing the mission statement.

Councilwoman Alexander made a motion to approve by Oral Resolution the new Mission Statement for the City of Abilene, as presented by Councilman Archibald. Councilman Williams seconded the motion and the motion carried.

AYES: Councilmen Archibald, Southward, Williams, Beckham, McNeil, Councilwoman Alexander, and Mayor Barr.

NAYS: None.

4.3 Elizabeth Grindstaff, Assistant Director of Community Development, assisted by Robert Allen, MPO Transportation Planning Director, briefed the Council on an Oral Resolution accepting preliminary findings of a feasibility study for a passenger multi-modal terminal location. An advisory committee composed of the City’s transportation staff and local providers worked for several months with a consultant, The Goodman Corporation, to conduct a feasibility analysis for a passenger multimodal facility. Development of the facility was included as a second-tier strategy of the ACE Task Force. Among other things, the advisory group evaluated alternative sites and identified several preferred locations in the downtown area. The purpose of this agenda item is to acquaint the Council with the study results and obtain any feedback on the list of preferred locations. On February 28 the Council amended the contract with Goodman to provide for a more detailed analysis of priority sites, site design and obtaining a letter of prejudice for funding. Although the initial attention of this phase two study will be on the highest ranked location, further analysis may bring issues to light that alter the ranking. At the appropriate time, securing an option on one of the sites in order to conduct environmental review will need to be done. The Metropolitan Planning Organization has approved the report’s preliminary findings and directed transportation staff to proceed with the phase two study. Due to the fact that a facility will have significant impacts on downtown, staff presented the results to the TIF and Forts Trail advisory board, where it was well received. At the completion of the final site selection workshop, the Advisory Committee (composed of representatives from the City, MPO, CityLink, and Greyhound) was unanimous in recommending the Cotton Warehouse as the preferred local alternative site with the Treadaway at 2^nd Street as an alternative in the event that there is an environmental problem, historical or otherwise. The Cotton Warehouse site must now be evaluated for its historical significance and to ascertain the site is uncontaminated from prior use or hazardous materials. In order for the City’s consultant to proceed further in a request for a Letter of No Prejudice, staff recommends that Council, by Oral Resolution, concur with the methodology used by the Project Advisory Committee and endorse the preferred site as presented in the consultant’s report.

Councilwoman Alexander made a motion to approve by Oral Resolution accepting the preliminary findings of the feasibility study for a passenger multimodal terminal location, as recommended by staff. Councilman Archibald seconded the motion and the motion carried.

AYES: Councilmen Archibald, Southward, Williams, Beckham, McNeil, Councilwoman Alexander, and Mayor Barr.

NAYS: None.

Ordinances:

4.4 Richard Gertson, Director of Community Development, briefed the Council on an Ordinance considered on second and final reading changing zoning district boundaries - Z-01402 – Rezone from RS-6 & RM-2 (Residential Single Family & Residential Multi-Family) to LC (Limited Commercial) zoning district property located in the 2700 block of Buffalo Gap Road. The Planning and Zoning Commission and staff recommend approval.

Mayor Barr opened a public hearing on the item, and the following individuals spoke in favor of the request:

· Jason Spect, agent for the proponent.

· Larry Holmes, Dalzell Realtors.

There being no one else present and desiring to be heard, the public hearing was closed.

Councilman Southward made a motion to approve the Ordinance to rezone from RS-6 & RM-2 (Residential Single Family & Residential Multi-Family) to LC (Limited Commercial) zoning district property located in the 2700 block of Buffalo Gap Road, as recommended by the Planning & Zoning Commission and staff. Councilwoman Alexander seconded the motion and the motion carried.

AYES: Councilmen Archibald, Southward, Williams, Beckham, McNeil, Councilwoman Alexander, and Mayor Barr.

NAYS: None.

The Ordinance is numbered 13-2002 and is captioned as follows:

4.5 Ed Williams, Fire Marshall, briefed the Council on an Ordinance, considered on second and final reading, amending the Abilene Fire Code. Mr. Williams stated Chapter 9 of the 2000 International Fire Code contains four subsections that require existing buildings to be retrofitted with automatic sprinkler systems, fire alarm systems, standpipe systems and/or signage for fire department connections. These subsections were not identified during the code review process. Three proposed amendments to the fire code will delete subsections requiring retrofit of sprinklers, fire alarms, and standpipes in legally existing buildings. A fourth amendment will require signs to identify the location of fire department connections only where deemed necessary by the code official. Historically, City of Abilene codes have allowed legally occupied buildings to remain in use as long as they are maintained according to the codes in effect at the time of their construction. Many existing buildings will no longer be legal if these amendments are not adopted. Buildings that are renovated, modified or undergo a change of use will still be required to meet all applicable provisions of the current adopted codes. The Board of Building Standards and staff recommend approval of the amendments to Chapter 9 of the 2000 International Fire Code.

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.

Council and staff discussion included clarifying requirements apply to legally occupied existing buildings and the additional requirement before Council today pertains only to signage.

Councilman Williams made a motion to approve the Ordinance amending Chapter 10, Article III, “Fire Prevention Code”, Division 1, Sec. 10-46 of the Abilene Municipal Code pertaining to the 2000 International Fire Code, Chapter 9, as recommended by the Board of Building Standards and staff. Councilwoman Alexander seconded the motion and the motion carried.

AYES: Councilmen Archibald, Southward, Williams, Beckham, McNeil, Councilwoman Alexander, and Mayor Barr.

NAYS: None.

The Ordinance is numbered 14-2002 and is captioned as follows:

AN ORDINANCE AMENDING CHAPTER 10, ARTICLE III, “FIRE PREVENTION CODE”, DIVISION 1, SEC. 10-46 OF THE ABILENE MUNICIPAL CODE BY AMENDING CERTAIN SECTIONS AS SET OUT BELOW; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING A PENALTY.

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.

There being no further business, the meeting was adjourned at 11:20 a.m.

_____________________________ ______________________________

Jo Moore Grady Barr

City Secretary Mayor