January
23, 2003, 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 January 23, 2003, 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,
Assistant City Managers Michael Morrison and Kathy Merrill, and various members
of the City staff.
Councilman
Norm Archibald gave the invocation.
Pledge of Allegiance was led by Jayme Beal, a fifth grader at Johnston Elementary. Jayme's parents, Chris and Sharon Jeter, and school counselor Amy Hernandez, were in attendance.
Mayor
Barr presented a proclamation for February 2003 as "National Mentoring
Month".
City Manager Larry Gilley introduced David Wright, Director of Finance. Mr. Wright presented an overview of the Equipment Management Division's responsibilities, projects, processes, and staff. Council thanked Mr. Wright for the presentation.
No Council action was required.
2.0 There being no corrections, additions, or
deletions to the January 9, 2003 Regular City Council Meeting and Budget
Workshop Minutes, Councilman Archibald 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 Williams made a motion to approve consent agenda item 3.1 and first reading of item 3.2, as recommended by staff. Councilman Southward seconded the motion and the motion carried.
AYES: Councilmen Archibald, Southward, Williams, Hill, McNeil, Councilwoman Alexander, and Mayor Barr.
NAYS: None.
3.1 Workers' Compensation Insurance for CityLink Transit, Bid #CB-3015. The bid was awarded to Texas Municipal League Intergovernmental Risk Pool in the amount of $52,220.00 plus or minus audited payroll adjustments, as recommended by staff.
Ordinances:
3.2 Ordinance amending Chapter 13, "Health and Sanitation", Article V, "Standards for Treatment and Disposal of Sewage", of the Abilene Municipal Code, and set a public hearing for February 13, 2003 at 8:30 a.m.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ABILENE, TEXAS, AMENDING CHAPTER 13, "HEALTH AND SANITATION," ARTICLE V, "STANDARDS FOR TREATMENT AND DISPOSAL OF SEWAGE," OF THE ABILENE CITY CODE, BY AMENDING CERTAIN SECTIONS AS SET OUT BELOW; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND CALLING A PUBLIC HEARING.
REGULAR AGENDA
Resolutions:
4.1 Ronnie Kidd, Director of Administrative Services, briefed the Council on a Resolution supporting a state constitutional amendment to protect public employees' vested retirement pensions. Mr. Kidd stated Texas State law does not currently provide for the guarantee of "vested" public employee pension amounts. The Texas Association of Public Employee Retirement Systems is spearheading a movement for a constitutional amendment whereby the Texas public employees, retirees and their beneficiaries would be protected from the loss of vested benefits. Vested, or earned, benefits include death, disability and length-of-service benefits, based upon an individual's employment history and participation in qualifying state or local governmental entities' employee pension plans. Texas is one of only a few remaining states that have not adopted such an amendment. A state constitutional amendment will provide the best level of protection against loss of benefits. At its December 18, 2002 meeting, the Abilene Firemen's Relief and Retirement Fund Board of Trustees passed a resolution endorsing the proposed constitutional amendment. Defined benefit pensions of employees in the private sector are protected under the Employment Retirement Income Security Act ("ERISA"). A constitutional amendment such as that proposed will align protection of public employees' vested pension amounts with the intent of ERISA for the private sector. Staff recommends that Council approve the Resolution endorsing the efforts of the Texas Association of Public Retirement Systems to promote adoption of a state constitutional amendment protecting Texas public employees, retirees, and their beneficiaries from the loss of vested benefits.
Council and staff discussion included: 1) the purpose of actuaries; and 2) the issue is protection of vested rights of employees, versus the protection against market conditions.
Councilman
Southward made a motion to approve the Resolution
supporting a state constitutional amendment to protect public employees' vested
retirement pensions, as recommended by the Firemen's Relief and Retirement Fund
Board of Trustees and staff. Councilwoman
Alexander seconded the motion and the motion carried.
AYES: Councilmen Archibald, Southward, Williams, Hill, McNeil, Councilwoman Alexander, and Mayor Barr.
NAYS: None.
The Resolution is numbered 3-2003 and is captioned as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ABILENE SUPPORTING A CONSTITUTIONAL AMENDMENT TO PROTECT PENSION FUNDS OF EMPLOYEES.
4.2 Richard Gertson, Director of Community Development, briefed the Council on an Oral Resolution requesting an exception to a HUD Conflict of Interest for Abilene Child Central Education Support Services (ACCESS). Mr. Gertson stated the purpose of the item is threefold: 1) to authorize staff to seek an exception to a conflict of interest for ACCESS, 2) to publicly disclose the conflict, and 3) to conduct a public hearing to allow any interested party to address the conflict. Mr. Gertson stated staff followed the same steps in 2001 to obtain the first exception for ACCESS.
On August 8, 2002, the City Council approved the FY 02-03 One Year Action Plan for the use of CDBG and HOME funds. The Plan included an allocation of $25,000 to Abilene Child Central Education Support Services (ACCESS) for the continued renovation of that facility. The Executive Director of ACCESS, Mr. Joel Loya, is also the owner of the building to be renovated with CDBG funds. This constitutes a conflict of interest under applicable HUD regulations. Before allocated funds may be paid to ACCESS, it is necessary to have HUD grant an exception to the conflict.
Full public disclosure of the conflict is required before HUD considers granting an exception. This disclosure includes the following: 1) the City is awarding $25,000 of its CDBG funds to ACCESS to rehabilitate a building owned by the ACCESS Executive Director, Mr. Loya; 2) that HUD has determined the same to be a conflict of interest under its CDBG regulations found at 24 CFR §570.611(b) and (c); and 3) that the City is publicly disclosing such conflict in connection with a request the City has made to HUD to grant an exception to said conflict of interest under 24 CFR §570.611(d) of HUD's regulations. Following the public hearing, staff recommends authorizing staff to seek the exception.
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: 1) specific requirements of, and maintaining, the HUD program; 2) Council's support of ACCESS, and 3) the need to well publicize public hearing issues.
Councilman McNeil made a motion to approve by Oral
Resolution an exception to a HUD Conflict of Interest for Abilene Child Central
Education Support Services (ACCESS), 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.
4.3 Lisa Hughes, Interim Director of Economic Development, briefed the Council on the Development Corporation of Abilene, Inc. (DCOA) Report of Activities for the fiscal year ended September 30, 2002. The Report included the 6 key goals identified by the DCOA Board of Directors and the progress made toward those goals in the City's economic development efforts:
1) To make Abilene competitive in the attraction of business and industry in order to create new, sustainable jobs.
2) To create new jobs and retain existing jobs by providing assistance to existing and emerging businesses.
3) To strengthen and expand the skills of the Abilene labor force.
4) To strengthen and revitalize downtown Abilene.
5) To increase the number and size of minority and women owned businesses in Abilene.
6) To effectively administer the sales tax revenue.
Project Summaries, DCOA's support in areas of education, economic development, tourism development, regional awareness/promotion and elements of the targeted industry and work force study, were also reviewed. The DCOA and staff recommend approval of the report.
Council and staff discussion included: 1) Council's appreciation for an outstanding report, 2) predictions for the remainder of 2003, 3) hindrances experienced since 9/11 and with the threat of war, 3) the need for companies with mid management; 4) attributes put forth to sell Abilene, 5) upgraded statistical data and real estate comparisons, 6) the myth about salary restrictions, 7) congratulations to staff on bringing Orange Plastics to Abilene, 8) DCOA's expenditures and revenue received, and 9) how minority training is being sought.
Councilman Archibald made a motion to approve by Oral
Resolution the Development Corporation of
Abilene, Inc. Report of Activities for the fiscal year ended September
30, 2002, as recommended by the DCOA 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.
4.4 Jeff Armstrong, Development Services Manager, briefed the Council on an Ordinance considered on second and final reading - Z-00103 – Rezone from RS-6 (Residential Single Family) to MH (Mobile Home) zoning district property located in the 3100 block of Grape Street. Mr. Armstrong stated the applicant seeks to place a 1650 sq. ft. manufactured home on a one-acre tract. The property abuts a mobile home subdivision to the south that was never developed. The owner of tract #5 filed written comments in favor of the request. Mr. Clayton Meadows appeared at the meeting bearing a petition with twenty names opposed to the rezoning. Only one of the petitioners (owner of tract #2) is within the statutory notification area. They fear a negative effect on their property values and increased traffic. Upon being informed that the application could place only one home on his property, Mr. Meadows said he was less concerned with the request. The Planning and Zoning Commission and staff recommend approval.
Mayor Barr opened a public hearing on the item, and the following individuals spoke in response to the request:
· Larry Holmes, Dalzell Realtors, representing the proponent, stated the proponent's intention is to put one 1500 square foot manufactured home on the property, and the value should be equal to or more than those already in the area. Mr. Holmes further stated there is no threat of a mobile home park for this area, and the owner doesn't intend to develop or apply for rezoning of the remaining 4 acres, but the property is for sale to anyone who could put a valid use to it.
· Clayton C. Meadows, 1732 Jameson St., stated he had three questions to ask: 1) does the City plan to change the zoning on the land next to the property in question to residential, 2) how many mobile homes could be placed in the subject area, and 3) how could the Council ignore 21 property owners? Mr. Meadows stated he had submitted the petition mentioned by Mr. Armstrong, and asked Council to deny the request.
· Eric Rodriguez, speaking on behalf of Celia Rodriguez, 1718 Jameson. Mr. Rodriguez stated Ms. Rodriguez became very concerned when she received the letter requesting rezoning. Ms. Rodriguez is against rezoning, and Mr. Rodriguez said he would like to see more research done on the zoning request.
There being no one else present and desiring to be heard, the public hearing was closed.
Mr. Armstrong addressed Mr. Clayton's questions as follows: two is the maximum number of mobile homes that could be placed on the property; and concerning the rezoning of the property, staff had mentioned to the Planning & Zoning Commission that if this request is not approved then perhaps the area should be studied for possible rezoning, but specific rezoning was never mentioned.
Council and staff discussion included: 1) this possibly being an improvement to the neighborhood if done as described 2) clarification of the difference between modular homes and mobile homes; 3) the 1976 HUD code that must be complied with; and 4) Council stated in the future pictures of the property for their review would be helpful.
Councilman Archibald made a motion to approve the Ordinance to rezone
from Residential Single Family to Mobile Home zoning district property located
in the 3100 block of Grape Street, as recommended by the Planning & Zoning
Commission and staff. Councilman
Southward seconded the motion and the
motion carried.
AYES: Councilmen Archibald,
Southward, Hill, Williams, McNeil, Councilwoman Alexander, and Mayor Barr.
NAYS:
None.
The Ordinance is numbered 1-2003 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.
4.5 Jeff Armstrong, Development Services Manager, briefed the Council on an Ordinance considered on second and final reading - Z-00203 – Ordinance amending PDD-65 to include a 3.39 tract in Tract 5 located on East I-20, ½ mile west of Loop 322. Mr. Armstrong stated the property owner wants to add about three acres to an existing 140 acre Planned Development District (PDD) to create a water park and recreational complex. In addition to the recreational uses already permitted, the proposed amendment will permit the development to include on-premises liquor consumption, horses, mini-cars, ball fields, camping, a driving range and RV parking. The Planning & Zoning Commission specifically excluded use of the land for a drag strip. The property has flooding and right-of-way dedication issues of which the applicant is aware. The proposed uses conform with the environmental policies of the draft Comprehensive Plan. The Planning and Zoning Commission and staff recommend approval.
Mayor Barr opened a public hearing on the item, and the following individuals spoke in response to the request:
· Chris Young, 802 Meander, property owner, noted his research in water park development and needs in Abilene resulted in the following considerations: 1) zoning uses, 2) highway ingress/egress, 3) lack of utilities, and 4) cost of developing property. Mr. Young stated Abilene is under utilizing I-20 due to it being primarily a flood plain area. Mr. Young further stated the expected uses of the property expand beyond a Water Park due to a Water Park only being used 105 days out of the year. Noting a full FEMA flood survey needs to be done, Mr. Young stated that the 3 acres has to be added before the feasibility and topographical surveys can be completed. Mr. Young distributed a conceptual design for Council to review, noting the utilization of multiple facilities. Mr. Young stated he would be coming back to Council with specific plans.
The Council recessed at 11:15 a.m. and reconvened at 11:25 a.m. Councilman Williams left the meeting.
City Attorney Sharon Hicks recommended in order to allow Mr. Young to stay within his timetable, that Council continue the public hearing, then consider approving adding the 3 acres but table the additional permitted uses portion of the Ordinance until after a site plan layout is prepared and submitted for Council's review.
The public hearing continued and the following individuals spoke in response to the request:
· Eddie McFadden, 1756 E. N. 10th (residing outside the notification area), stated he is opposed to outdoor concerts (amphitheater); needs a clear definition of planned development district; and stated he feels good communication has not occurred between Mr. Young and the neighbors.
· Bruce Davis, 2002 EN 10th, distributed and read a letter that noted his and his family's concerns about the proposed water park development negatively impacting their neighborhood.
· Sam Gorman, 1934 EN 10th, stated he is not opposed to progress, but is opposed to anything that affects the value of his property.
· Connie Boyd, hotel industry and Chamber of Commerce member. Ms. Void stated she works with many people and organizations and that groups leave Abilene saying there are no facilities for different events, i.e. family reunions. Ms. Void further stated she feels this proposal is a good thing for the community and for those outside of Abilene.
· Charlie Wolfe, owner of land east of the applicant's property, stated he sees this as increasing instead of decreasing the value of the property. Mr. Wolfe further stated I-20 is desperate for development, and that residents in his area have worked together to clean the creek in the area.
There being no one else present and desiring to be heard, the public hearing was closed.
Council and staff discussion included: 1) no plan having been submitted reflecting the layout of additional uses; 2) the impact of an amphitheater; 3) how the old US Brass building property would be affected marketing wise; 4) noise control concerns; 5) street development responsibilities; 6) floodway concerns; 7) proper security not being designed by the City for the developer; and 8) staff working with the proponents on all issues.
Councilwoman Alexander made a motion to approve the Ordinance
amending PDD-65 to include a 3.39 tract in Tract 5 located on East I-20, ½ mile
west of Loop 322, and to table the "adding of permitted uses for Tract 5
only" portion of the Ordinance. Councilman
Southward seconded
the motion and the motion carried.
AYES: Councilmen Archibald,
Southward, Hill, McNeil, Councilwoman Alexander, and Mayor Barr.
NAYS:
None.
The Ordinance is numbered 2-2003 and is captioned as follows:
AN ORDINANCE OF THE CITY OF ABILENE, TEXAS, AMENDING CHAPTER 23, SUBPART E, "ZONING," OF THE ABILENE MUNICIPAL CODE; AND ORDINANCE NO. 28-1998 CONCERNING THE PDD#65 PLANNED DEVELOPMENT DISTRICT; DECLARING A PENALTY AND CALLING A PUBLIC HEARING; AND AN EFFECTIVE DATE.
4.6 Jeff
Armstrong, Development Services Manager, briefed the Council on an Ordinance
considered on second and final reading - Z-00303 – Rezone from AO, HC & MH (Agricultural Open Space,
Heavy Commercial, & Mobile Home) to RM-2 (Residential Multi-Family) zoning
district property located in the 2800 block of Old Anson Road. Mr.
Armstrong stated the agent represents a firm seeking to construct multi-family
housing on the subject property with the aid of low-income housing tax
credits. This project will be filed
with Texas Department of Housing and Community Affairs during the upcoming tax
credits application cycle. If credits
are not awarded, the development will not take place. The project would assist in meeting the City's overall demand for
affordable housing, and there are environmental site characteristics that would
contribute positively to the multi-family use of the property. The Planning
& Zoning Commission and staff recommend approval.
Mayor Barr opened a public hearing on the item, and the following individuals spoke in response to the request:
· Larry Holmes, 2585 S. Danville, agent for the proponents spoke in favor of the request.
· E. B. Ramey, 2110 Collins, stated he is opposed to the request because of the potential traffic hazard.
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 Agricultural Open Space, Heavy Commercial, & Mobile Home to Residential Multi-Family zoning district property located in the 2800 block of Old Anson Road as recommended by the Planning & Zoning Commission and staff. Councilman Hill seconded the motion and the motion carried.
AYES: Councilmen Archibald,
Southward, Hill, McNeil, Councilwoman Alexander, and Mayor Barr.
NAYS:
None.
The Ordinance is numbered 3-2003 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.
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.
Councilman Archibald left the meeting prior to the Executive Session convening.
Councilman Hill left the meeting during the Executive Session.
The Council reconvened from executive session and reported no action taken.
5.4 Councilman McNeil moved to approve by Oral
Resolution the hiring of Patricia Aldridge as an Assistant City Attorney III,
effective February 11, 2003 pending results of drug testing, as recommended by City Attorney Sharon Hicks.
Councilwoman Alexander seconded the motion and the motion carried.
AYES: Councilmen Southward, McNeil, Councilwoman
Alexander, and Mayor Barr.
NAYS: None.
There being no further business, the meeting was adjourned at 1:00 p.m.
_____________________________ ______________________________
Jo
Moore Grady
Barr
City
Secretary Mayor
5.5 City Council Budget Workshop on Equipment Replacement was cancelled.