October
24, 2002, 8:30 A.M.
CITY COUNCIL OF
THE CITY OF ABILENE, TEXAS
The
City Council of the City of Abilene, Texas, met in Regular Session on October 24, 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, John Hill, Jimmy McNeil, and
Councilwoman Kay Alexander. Also
present were City Manager Larry Gilley, City Attorney Sharon Hicks, City
Secretary Jo Moore, and various members of the City staff. Assistant City
Manager Michael Morrison was absent.
Councilwoman
Kay Alexander gave the invocation.
Pledge of Allegiance was led by Bryce Beville, a fifth grader at Bonham Elementary. Bryce’s father, Larry Beville, was in attendance.
City
Manager Larry Gilley recognized two staff members that received awards that
were presented at the recent annual TML Conference: Dwayne Hargesheimer,
Director of Water Administration, received the Texas Municipal Utilities
Association 2002 Distinguished Services Award, and Cassie Hughes, Building
Official and her staff received the Building Officials Association of Texas
Best Practices Award.
Councilman
Jimmy McNeil extended a special invitation to all present to attend the Abilene
Community Band concert being held tonight at 7:30 p.m., at the Paramount
Theatre.
Mayor
Barr presented a Proclamation for October 21-26 as “Abilene Volunteer
Weatherization Week”.
City Manager Larry Gilley introduced Lowell Phillips, Maintenance Services Division Program Manager. Mr. Phillips presented an overview of Maintenance Services, a division of the Administrative Services Department.
No Council action was required.
2.0 There being no corrections, additions, or
deletions to the October 10, 2002
Regular City Council Meeting Minutes, Councilman
Southward made a motion to approve the minutes as printed. Councilman Williams
seconded the motion and the motion carried.
AYES: Councilmen Archibald, Southward, Williams, Hill, McNeil, Councilwoman Alexander, and Mayor Barr.
NAYS: None.
Councilman Hill made a motion to approve consent agenda items 3.1 through 3.7 and first reading of items 3.8 and 3.9 as recommended by staff. Councilwoman Alexander seconded the motion and the motion carried.
AYES: Councilmen Archibald, Southward, Williams, Hill, McNeil, Councilwoman Alexander, and Mayor Barr.
NAYS: None.
Resolutions:
3.1 Oral Resolution authorizing the City Manager to execute Task Order 4 under the Hibbs and Todd Landside Engineering Contract, authorizing design and bidding services for Phase I of the security fencing at Abilene Regional Airport.
3.2 Oral Resolution authorizing the City Manager to execute Task Order 5 under the HNTB Airside Engineering Contract, authorizing design and bidding services for the rehabilitation of Taxiway D lighting at Abilene Regional Airport.
3.3 Oral Resolution authorizing the City Manager to execute Task Order 6 under the HNTB Airside Engineering Contract, authorizing design and bidding services for the reconstruction of the General Aviation Ramp, Phase I at Abilene Regional Airport.
3.4 Oral Resolution authorizing the City Manager to enter into an agreement with Hibbs & Todd, Inc., to provide engineering services for the preparation of construction plans for Cedar Creek, from College Drive to Will Hair Park.
3.5 Oral Resolution approving a Street Use License request from Jack Hall for use of the Catclaw Creek right-of-way.
Bid Awards:
3.6 North First/North Second Connector Street, Bid #CB-3003. The bid was awarded to Bontke Bros. Construction of Abilene, Texas in the amount of $227,859.75, as recommended by staff.
3.7 Lighting for Redbud & Nelson Parks softball fields, Bid #CB-3001. The bid was awarded to Sports Facilities Co. of Katy, Texas, in the amount of $47,611.36, as recommended by staff.
Ordinances:
3.8 Approval of first reading - Ordinance adopting 2002 National Electrical Code, with amendments, and set a public hearing for November 7, 2002 at 8:30 a.m.
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.
3.9 Approval of first reading - Ordinance adopting local amendments to be used in conjunction with the 2000 International Energy Conservation Code, and set a public hearing for November 7, 2002 at 8:30 a.m.
AN ORDINANCE AMENDING CHAPTER 8, “CONSTRUCTION REGULATIONS,” ARTICLE VI, “CODES AND OTHER REGULATIONS,” DIVISION 10, “ENERGY 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.
Mayor Barr requested staff provide ample public notification of the public hearings to be held on November 7, 2002 concerning items 3.8 and 3.9 on today’s agenda. Mayor Barr stressed the need for public awareness especially for those that the Ordinances will have the greatest effect on.
REGULAR AGENDA
Ordinances:
4.1 Jeff Armstrong, Development Services Manager, briefed the Council on an Ordinance considered on second and final reading - Z-03402 – to rezone from AO (Agricultural Open Space) to GC (General Commercial) zoning district property located in the 3600 block of Dub Wright Blvd. The Planning and 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:
· David Todd, 2500 S. Willis, representing the proponent.
There being no one else present and desiring to be heard, the public hearing was closed.
Councilman Archibald made a motion to approve the Ordinance to rezone
from Agricultural Open Space to General Commercial zoning district property
located in the 3600 block of Dub Wright Blvd., as recommended by the Planning
& Zoning Commission and staff. Councilman
McNeil seconded the motion and the motion
carried.
AYES: Councilmen Archibald,
Southward, Williams, Hill, McNeil, Councilwoman Alexander, and Mayor Barr.
NAYS:
None.
The Ordinance is numbered 37-2002 and is captioned as follows:
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.
4.2
Jeff Armstrong,
Development Services Manager, briefed the Council on an appealed item,
an Ordinance considered on second and final
reading - Z-03902 – to rezone from LC & RM-2 (Limited
Commercial & Residential Multi-Family) to PDD (Planned Development) zoning
district property located on Catclaw Drive between Curry Lane & Cedar Run,
west side.
Staff recommends approval of the Ordinance. Mr. Armstrong stated at the Planning and Zoning Commission’s
October 7, 2002 meeting the item received 3 votes in favor, 0 against, and 1
abstention. Mr. Armstrong further
stated since, by City Ordinance, 4 affirmative votes are required to approve a
rezoning, the motion failed and the request was deemed denied, but the applicant has filed a timely appeal.
Mr. Armstrong explained two development scenarios that were included in the Ordinance to give the developer options concerning driveway appearance and functions.
Council and staff discussion included: 1) setbacks and water drainage retention requirements; 2) residential development and impact to other commercial businesses in the area; 3) compatibility to the comprehensive plan; and 4) the positive aspects of the proposed PDD and options that it offers to the developer.
Mayor Barr opened a public hearing on the item, and the following individual spoke in favor of the request:
· Eddie Chase, representing the owners, stated more options, as explained by Mr. Armstrong, are viewed as a positive by the owners and that in reality this is a dry piece of land, with the detention pond being part of the development.
There being no one else present and desiring to be heard, the public hearing was closed.
Councilman Williams made a motion to approve the Ordinance to rezone
from Limited Commercial & Residential Multi-Family to Planned Development
zoning district property located on Catclaw Drive between Curry Lane &
Cedar Run, west side, as recommended by the Planning & Zoning Commission
and staff. Councilman Southward seconded the motion and the motion carried.
AYES: Councilmen Archibald,
Southward, Williams, Hill, McNeil, Councilwoman Alexander, and Mayor Barr.
NAYS:
None.
The Ordinance is numbered 38-2002 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-77 PLANNED DEVELOPMENT DISTRICT; CALLING A PUBLIC HEARING; PROVIDING A PENALTY AND AN EFFECTIVE DATE.
4.3
Jeff Armstrong,
Development Services Manager, briefed the Council on an Ordinance considered on
second and final reading - TC-04002 – Thoroughfare abandonment of
a 20’ north-south alley in Block 96, Original Town, located between S. 2nd
& S. 3rd and Willow & S. Treadaway, SUBJECT TO: 1) retention
of an accessible utility easement the length and width of the alley. The
Planning & Zoning Commission recommends approval. The Plat Review Committee and staff recommend approval subject to
the following conditions: 1) no structures are to be built over an existing
Oncor 6” gas main, and any relocation shall be at the applicant’s expense; 2)
an existing City 6” sewer main must be converted to a service line for Morrison
Supply; and 3) WTU needs to retain an accessible utility easement.
Mayor Barr opened a public hearing on the item, and the following individual spoke in favor of the request:
· Roy Galbraith, agent for the applicant, explained the applicant’s proposal is to extend the building cover over the existing dedicated alley.
There being no one else present and desiring to be heard, the public hearing was closed.
Councilman Archibald made a motion to approve the Ordinance for thoroughfare abandonment of a 20’ north-south alley in Block 96, Original Town, located between S. 2nd & S. 3rd and Willow & S. Treadaway as recommended by the Planning & Zoning Commission, SUBJECT TO: 1) retention of an accessible utility easement the length and width of the alley, and as recommended by the Plat Review Committee and staff subject to the following conditions: 1) no structures are to be built over an existing Oncor 6” gas main, and any relocation shall be at the applicant’s expense; 2) an existing City 6” sewer main must be converted to a service line for Morrison Supply; and 3) WTU needs to retain an accessible utility easement. Councilman Williams seconded the motion and the motion carried.
AYES: Councilmen Archibald,
Southward, Williams, Hill, McNeil, Councilwoman Alexander, and Mayor Barr.
NAYS:
None.
The Ordinance is numbered 39-2002 and is captioned as follows:
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.
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 12:15 p.m.
_____________________________ ______________________________
Jo
Moore Grady
Barr
City
Secretary Mayor