May 9, 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 May 9, 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
Emily Daye, a fourth-grader at Thomas Elementary. Also in attendance were Emily’s mother, Bonnie Daye and the
school assistant principal, Ms. Tracy Yandell.
City Secretary Jo Moore assisted Mayor Barr in presenting a 20-Year Employee Service Award to Jerry Garcia, Supervisor II in the Street Division.
Mayor Barr presented the following Proclamations:
May 17, 2002 as “Proud to be Me Day”;
May 9, 2002 as “World Parkinson’s Disease Day”; and
April 7-13, 2002 as “Week of the Young Child”.
Following
Item 4.4, Mayor Barr presented a Proclamation for May 12-18 as National Women’s
Health Week.
Mayor Barr recognized Betty Bradley, Executive Director of
Meals on Wheels Plus, who gave a report on the Meals on Wheels Program. Ms. Bradley stated the April 1 deadline for
raising funds for the Kitchen campaign had been met, and noted the importance
of the City’s contribution through CDBG funds and of other organizations &
agencies involved. Ms. Bradley announced that in September, construction would
start with completion expected by next summer.
Ms. Bradley stressed how important volunteers are, then honored
Councilman Kris Southward, who Ms. Bradley stated has volunteered every
Thursday for the past 11 years. Ms.
Bradley presented Councilman Southward with a plaque for April volunteer of the
month, citing his leadership.
City
Manager Roy McDaniel introduced Jim Berry,
Deputy Police Chief. Deputy Chief Berry
introduced Gary Cilento, Police crime analyst, who assisted with a slide presentation
on the Special Operations/Street Crimes Division. The presentation included the
division’s mission, 2001 activities,
results of investigations & search warrants, and 2002 activities to date.
No Council action was required.
There being no corrections, additions, or
deletions to the April 11 and April 18,
2002 Regular City Council minutes, Councilman Archibald made a motion to
approve the minutes as printed. Councilman Southward seconded the motion and
the motion carried.
AYES: Councilmen Archibald, Southward, Williams,
Beckham, McNeil, Councilwoman Alexander, and Mayor Barr.
NAYS: None.
Councilman
McNeil made a motion to approve
consent agenda items 3.1 through 3.12, and first reading of items 3.13 through
3.19. Councilwoman Alexander 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 approving an application in the Texas Short Term Asset Reserve Program (TexSTAR).
The Resolution is numbered 11-2002 and is captioned as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ABILENE, TEXAS, APPROVING APPLICATION TO BECOME A PARTICIPANT IN THE TEXAS SHORT TERM ASSET RESERVE PROGRAM (TEXSTAR).
3.2 Oral Resolution approving a street use license request from Meridian Alliance Group, LLC, for installation of monitoring wells related to 102 N. Pioneer Dr., and authorizing the Mayor to execute the agreement.
3.3 Oral Resolution approving a street use license request from OES Environmental, Inc., for installation of monitoring wells related to 3425 Ambler Avenue, and authorizing the Mayor to execute the agreement.
3.4 Oral Resolution authorizing the City Manager to enter into an agreement with Hibbs & Todd for professional services associated with Task Order Number Three at Abilene Regional Airport.
3.5 Resolution authorizing the City of Abilene to intervene in TXU’s Gas Utility Docket 9292.
The Resolution is numbered 12-2002 and is captioned as follows:
A RESOLUTION OF THE CITY OF ABILENE AUTHORIZING INTERVENTION IN GAS UTILITIES DOCKET 9292 AT THE RAILROAD COMMISSION; AUTHORIZING PARTICIPATION IN A STEERING COMMITTEE WITH OTHER CITIES SERVED BY TXU AND REQUIRING REIMBURSEMENT FROM TXU LONE STAR PIPELINE OF CITIES’ REASONABLE RATE CASE EXPENSES.
3.6 Oral Resolution authorizing the City Manager to accept a grant for the Abilene Regional Airport from the U. S. Department of Defense through the FAA for reimbursement in the amount of $298,332 for security costs associated with the 9-11-01 terrorist attacks.
3.7 Resolution authorizing the City Manager to file an amendment application with the Federal Aviation Administration (FAA), authorizing the continuation of the imposition of a passenger facility charge (PFC) at an increased level of $4.50 and the expenditure of revenues from the PFC at the Abilene Regional Airport in accordance with the Capital Improvement Program.
The Resolution is numbered 13-2002 and is captioned as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ABILENE, TEXAS, AUTHORIZING IMPLEMENTATION OF A $4.50 PASSENGER FACILITY CHARGE AT ABILENE REGIONAL AIRPORT.
3.8 Oral Resolution authorizing the City Manager to enter into a contract with Transportation Security Administration for security services at Abilene Regional Airport.
Bid Awards:
3.9 Regulator building at Abilene Regional Airport, Bid #CB-2060. The bid was awarded to The Crowe Group, Inc., the low responsive bidder in the amount of $198,780, as recommended by staff.
3.10 West Lake Road reconstruction, Bid #CB-2065. The bid was awarded to J. H. Strain & Sons, Inc. of Tye, TX in the amount of $218,322.98, as recommended by staff.
3.11 Renewal of Computer System Leasing Program, Bid #CB-2032. The bid was awarded to Gateway, as the most advantageous proposal for the City of Abilene in the amount of $49.36 per workstation per month, and authorizing the City Manager to execute the agreement, as recommended by staff.
3.12 Water pipe for Water Utilities Department, Bid #CB-2071. The bid was awarded to Plastic Wholesale Plumbing, Abilene, Texas, as the most advantageous to the City in the amount of $57,254.40, as recommended by staff.
Ordinances:
3.13 Ordinance amending Chapter 6, “Animals and Fowl”, Article I, “In General” of the Abilene City Code concerning prohibiting dangerous wild animals, and set a public hearing for May 23, 2002 at 8:30 a.m.
AN ORDINANCE AMENDING CHAPTER 6, “ANIMALS AND FOWL,” ARTICLE I, “IN GENERAL,” OF THE ABILENE CITY CODE, BY AMENDING CERTAIN SECTIONS AS SET OUT BELOW; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING A PENALTY.
3.14 Ordinance amending Chapter 6, “Animals and Fowl”, Article II, “Pets”, Division 3, “Dangerous Dogs” of the Abilene City Code, and set a public hearing for May 23, 2002 at 8:30 a.m.
AN ORDINANCE AMENDING CHAPTER 6, “ANIMALS AND FOWL,” ARTICLE II, “PETS,” DIVISION 3, “DANGEROUS DOGS,” OF THE ABILENE CITY CODE, BY ADDING CERTAIN SECTIONS AS SET OUT BELOW; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING A PENALTY.
3.15 TC-01902- Ordinance approving thoroughfare abandonment of a 20’ alley adjacent to Lot 29, Block A, Section 1, Elmcrest Club Addition, and set a public hearing for May 23, 2002 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.
3.16 TC-02002 - Ordinance approving thoroughfare abandonment of Sandy Street beginning at the west boundary line of Loop 322 and going west a distance of 631.77’, and set a public hearing for May 23, 2002 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.
3.17 Z-02102 – Rezone from RM-3 & RS-6 (Residential Multi-Family & Residential Single Family) to LC, O & GC (Limited Commercial, Office, & General Commercial) zoning district property located at S. 15th & Barrow/Sunset Streets, and set a public hearing for May 23, 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.
3.18 Z-02202 – Rezone from GC & SC (General Commercial & Shopping Center) to GC (General Commercial) zoning district property located at 4220 N. 1st Street, and set a public hearing for May 23, 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.
3.19 Ordinance amending Chapter 18, “Motor Vehicles and Traffic”, Section 18-293, Parking Prohibited-At All Times; Section 18-299, Parking Time Limited; and Section 18-304, Parking Designated for the Disabled; of the Abilene City 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.
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 May 4, 2002 City of Abilene General Election. The returns show that Grady Barr was re-elected as Mayor, Anthony Williams was re-elected to Council Place 3 and John Hill was elected to Council Place 4, each having received the majority of the votes cast. Total votes cast were as follows: Mayor: Grady Barr – 5697 (100% of votes cast for Mayor). Council Place 3: Anthony Williams – 5629 (87.84% of votes cast), Theodore Polovy – 779. Council Place 4: Jackie Hamilton – 2396, Joseph “JT” Gulick – 395, John Hill – 3808 (57.71% of votes cast).
Ballot
and Seal Certificates were received from each presiding judge, duly signed by
same and released to the City Secretary for filing in the official election
records.
Councilwoman
Alexander moved to approve the Resolution
canvassing the returns and declaring the results of the General election held
May 4, 2002 as presented 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.
The
Resolution is numbered 14-2002
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 GENERAL ELECTION HELD IN THE CITY OF ABILENE ON MAY 4, 2002.
4.2 City Secretary Jo Moore presented to the Mayor and each member of the City Council their annual paycheck of one ($1.00) dollar. Mrs. Moore then presented to outgoing Councilmember Rob Beckham a City of Abilene logo lapel pin and presented a City of Abilene logo charm bracelet to Mrs. Beckham. Mayor Barr presented to Mr. Beckham a Certificate of Appreciation and a City of Abilene mesquite pen. Council expressed their appreciation to Mr. Beckham for his service on the Council.
4.3 City Secretary Jo Moore administered the Oaths of Office to Mayor Grady Barr; Anthony Williams, Council Place 3 and John Hill, Council Place 4.
4.4 At 9:25 a.m., Mayor Barr announced Council would
recess for a reception honoring the newly elected, re-elected, and outgoing
members of the Council and that Council would reconvene in 30 minutes in the
Council Chambers to consider the remaining agenda items.
Following
the reception, Council reconvened in Regular Session at 9:55 a.m.
Mayor
Barr welcomed new Councilman John Hill and re-elected Councilman Anthony
Williams, stating Council is looking forward to serving with them.
Ordinances:
4.5 Jeff Armstrong, Development Services Manager, briefed the Council on an Ordinance considered on second and final reading amending Zoning Ordinance Sections 23-306.4, Permitted Uses, 23-306.5.b(2), Conditional Use Provisions, concerning Animal Lots (private). Mr. Armstrong stated the staff is frequently asked to resolve nuisance situations involving horses, cows and other types of hoofed farm animals in residential areas. Although such uses are not permitted by the zoning ordinance, it is not uncommon for the owner to claim that animals existed on the property before it was zoned residential. Under those circumstances, and unless staff has fairly clear evidence to the contrary, the use is classified as legally nonconforming. The owner may continue the use so long as it does not lapse for a period of six months. The proposed ordinance would eliminate the legal nonconforming status for hoofed farm animals in any zoning district other than Agricultural Open Space, College University, Light Industrial and Heavy Industrial. The Ordinance provides for an amortization period through December 31, 2002, by which time property owners not in compliance with the Ordinance must remove the animals from their property. The Ordinance also adds the requirement that there can be no more than one animal per ˝ acre in the AO district, just as has been the requirement in LI and HI. The Planning and Zoning Commission and staff recommend approval of the Ordinance.
Council and staff discussion included: 1) concerns about the public not being made aware of the P&Z meeting where this issue was discussed, 2) P&Z minutes reflecting that P&Z members had no problems with approving the issue if the public were properly notified, 3) the possibility of going from Residential zoning back to AO, how large the property has to be to do so and the time frame involved, 4) clarification of the number of complaints received per month, 5) the ordinance not being reasonably enforceable as it stands now, 6) college zoning having specific uses that doesn’t limit the number of animals, 7) the number of people this will affect, 8) the city’s legal right to remove the grandfather clause, 9) the time that can be given to allow citizens to come under compliance, 10) other Texas cities facing the same problems, 11) currently the City has no Ordinance addressing horseback riding in neighborhoods, and 12) how 1442 Huckleberry Ln. is zoned.
Mayor Barr opened a public hearing on the item, noting the public hearing procedural requirements and a three-minute per speaker time limit. The following individuals spoke in response to the request:
· Charles Barbee - 6009 Pueblo (his residence since 1957), stated he is against the ordinance, having raised animals for years on his 9 acres of fenced land. Mr. Barbee stated his primary concern is with the County or tax office trying to take away the AO zoning.
Mayor Barr explained to Mr. Barbee the item before Council is not addressing County or Central Appraisal District actions, and City Attorney Sharon Hicks explained to Mr. Barbee the Central Appraisal District’s appeals process, noting his concerns need to be directed to that agency.
· Janie Roche, 1141 Monroe St., stated she had polio as a child and has a grandchild with cerebral palsy. Ms. Roach stated riding horses is great therapy, and she has to have a horse for the child to ride at her parents’ place, in the 3500 block of Victoria. Ms. Roach asked for the item to be tabled to give her time to decide what to do since she can’t go to Dallas for the child’s therapy.
· Mike Dorsey, 1326 Truman, stated he owns 3 lots on which he keeps two horses, and that his children raised the horses and have learned a lot from that experience. Mr. Dorsey also stated he turned in a petition with over 100 names in opposition to the Ordinance.
· Darla Callison, 30 Cambridge Ct., stated she is speaking on behalf her parents, Mr. & Mrs. Calvin Hudson, who live at 3535 Victoria, and noted she is opposed to the proposed Ordinance. Ms. Callison further stated if the grandfather clause were changed, complaints would still be made and nothing would be solved. Ms. Callison also stated people were unaware of this public hearing, more publicity is needed, change should affect everyone equally and urged Council to table the item today to give time for notification. Ms. Callison’s parents issue went to court as a private nuisance suit between neighbors concerning the smell, etc., and Ms. Callison stated the court did rule in their favor.
· Jody Mirelez, 2317 College, spoke concerning the animals at 3535 Victoria, stating he is opposed to the ordinance. Mr. Mirelez reiterated the judge ruled in favor of the residents of 3535 Victoria. Mr. Mirelez further stated Council should be careful in their decision and consider what will happen when others begin being affected.
· Tim McClarty, 2610 S. Treadaway, Planning & Zoning Commission member. Mr. McClarty gave the background on what prompted this issue, which he stated began with one man’s legitimate complaint. Mr. McClarty further stated the P&Z decision was based on the one complaint, and that he is not comfortable with the P&Z’s decision. Mr. McClarty also stated he doesn’t think P&Z did a good job in considering the issue, and recommended Council send the issue back to P&Z for further consideration.
· Dan Faulks, 2209 CR 320, stated he bought the property specifically to have horses, and has structures for water & electricity within the 100’ setback requirements. Mr. Faulks further stated if the ordinance is changed he will not be able to use the utilities, and Mr. Faulks noted concerns about property values changing.
Mr. Armstrong addressed (2) subpart e that was added to the proposed ordinance stating there is a typo in that section and that Mr. Faulks will not be affected by the proposed Ordinance change. The words “non animal” in the last sentence of (2) subpart e will be corrected to “animal”.
· Victoria Stevenson, 1801 Jameson, addressed the odor, stating it is a health hazard and asked Council to protect citizens from the health hazard.
· Janet Proffitt, 518 Goin Street, Clyde, stated she has had horses in the 3500 block of Victoria since 1972 under the grandfather clause, and her children ride the horses. Ms. Proffitt stated if animals are taken away from one, they should be taken away from everyone.
· Mrs. Syble Oliver, 3510 Victoria, stated when her children and grandchildren visit her, they complain about the bad smell from the north side of the lot.
· Kathy Mirelez, 2317 College, stated she rides horses, and children ride horses in the area. Ms. Mirelez stated she took a petition door-to-door in opposition of the Ordinance, and did not get one complaint. Ms. Mirelez further stated the area is not where one would want to build, but Ms. Mirelez stated there is no smell. Ms. Mirelez noted if the grandfather clause is taken away, it will affect a lot of people, and that this is her heritage given to her by her father.
· Mrs. Redina Simmons, 1446 Franklin, stated first AISD closed their schools and now the city’s decided they can’t have animals. Mrs. Simmons stated she’s more concerned with dogs running loose, which city won’t do anything about, but now the city is getting rid of hoofed animals. Mrs. Simmons concluded by stating there are more junkyards that are distracting than the animals are a nuisance.
· A. T. Oliver, 3503 Victoria, stated he’s the one who sued, went to court, and that the judge threw the case out. Mr. Oliver further stated this is about the whole town – that it’s a nuisance and smells bad and that the Health dept. sent a registered letter to the property owners to clean up the area.
· John Buford, 3525 Victoria, stated he has 2 animals and all this is about is his neighbor cutting his fence down and that the neighbor just wants all the animals gone.
· Mr. B. C. Stevenson, 1801 Jameson, asked Council to go out to the area before they make a decision. Mr. Stevenson stated when he went out to the area he counted 30 goats and one donkey in one location.
· Jeff Mirelez, 2312 College, stated he visits his grandparent in the area and noticed no smell.
· Jo Ann Faircloth, 3018 Grape, stated she owns property zoned as residential but wants AO zoning in the area, and that she has goats.
There being no one else present and desiring to be heard, the public hearing was closed.
Council and staff further discussion included: 1) staff reported 1442 Huckleberry Ln. is zoned Residential Single Family, 2) the Health Department’s procedures in following up on odor complaints, and 3) pictures submitted to Council indicate the dead sheep located at 1442 Huckleberry Ln. are a health problem.
Councilman McNeil made a motion to return to the Planning &
Zoning Commission the Ordinance amending Zoning Ordinance Sections
23-306.4, Permitted Uses, 23-306.5.b(2), Conditional Use Provisions, concerning
Animal Lots (private). Councilman
Williams seconded the motion and the motion
carried.
AYES: Councilmen Archibald,
Southward, Williams, Hill, McNeil, Councilwoman Alexander, and Mayor Barr.
NAYS: None.
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 Councilwoman
Alexander made a motion to elect Councilman Norm Archibald as Mayor Pro Tempore
and Councilman Kris Southward as Deputy Mayor Pro Tempore. Councilman McNeil seconded the motion and
the motion carried.
AYES: Councilmen Archibald, Southward, Williams,
Hill, McNeil, Councilwoman Alexander, and Mayor Barr.
NAYS: None.
There
being no further business, the meeting was adjourned at 12:48 p.m.
_____________________________ ______________________________
Jo
Moore Grady Barr
City
Secretary Mayor