March 27, 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 March 27, 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, and Jimmy McNeil. Also present were City Manager Larry Gilley,
City Attorney Sharon Hicks, City Secretary Jo Moore, Assistant City Manager
Michael Morrison, and various members of the City staff. Councilwoman Kay
Alexander was absent.
Councilman
Kris Southward gave the invocation.
Councilman Archibald introduced David, Anne, and Mark Pearson, who led the Pledge of Allegiance. David is a third-grader, Anne is a second grader, and Mark is a kindergartner, all at Thomas Elementary. Their parents, Joe and Dana Pearson, and Principal Bill Walker, were in attendance.
2.0 There being no corrections, additions, or
deletions to the March 13, 2003 Regular City Council Meeting and
Financial Workshop Minutes, Councilman McNeil 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, and Mayor Barr.
NAYS: None.
Councilman Williams made a motion to approve consent agenda items 3.1 through 3.4, item 3.6, and first reading of items 3.7 and 3.8, as recommended by staff. Item 3.5 was removed from the consent agenda to be considered separately at the request of Councilman Southward. Councilman Hill seconded the motion and the motion carried.
AYES: Councilmen Archibald, Southward, Williams, Hill, McNeil, and Mayor Barr.
NAYS: None.
Resolutions:
3.1 The contract for Election Services with the Taylor County Elections Office for the City's General Election May 3, 2003, was not considered, as recommended by staff. Staff will prepare for Council's consideration at the April 10, 2003 Council meeting the required documents to declare the unopposed candidates elected to office and canceling the May 3, 2003 City General Election.
3.2 Resolution approving issuance of bonds by the Abilene Health Facilities Development Corporation for Sears Methodist Retirement System, Inc.
The Resolution is numbered 9-2003 and is captioned as follows:
RESOLUTION APPROVING A BOND RESOLUTION BY ABILENE HEALTH FACILITIES DEVELOPMENT CORPORATION PROVIDING FOR THE ISSUANCE OF BONDS FOR SEARS METHODIST RETIREMENT SYSTEM, INC.
3.3 Oral Resolution authorizing the City Manager to execute Amendment Number 1 to Project Agreement Number 69-7442-2-529 with Natural Resources Conservation Service.
Bid Awards:
3.4 Miscellaneous street drainage, Wylie Elementary and Chimney Circle Area, Bid #CB-3028. The bid was awarded to Contract Paving Company, Tye, Texas, in the amount of $78,552.90, as recommended by staff.
3.5 Vehicles for Various Divisions, Bid #CB-3022. Removed from the consent agenda to be considered separately at the request of Councilman Southward.
3.6 Airfield Electrical System Rehabilitation-Taxiway D, Abilene Regional Airport. The base bid was awarded to the lowest responsive bidder, F&W Electrical Contractors, Inc., Floresville, Texas in the amount of $124,780.00; reserving the right to award Additive Bids 1 and 2 and rejecting Additive Bid 3 in accordance with the engineer's recommendations and authorizing the City Manager to execute the contract, as recommended by staff.
Ordinances:
3.7 Z-00903 – Rezone from AO (Agricultural Open Space) to PDD (Planned Development) zoning district property located on East Stamford Street, and set a public hearing for April 10, 2003 at 8:30 a.m.
AN ORDINANCE OF THE CITY OF ABILENE, TEXAS, AMENDING CHAPTER 23, SUBPART E, "ZONING," OF THE ABILENE MUNICIPAL CODE, CONCERNING PDD-78 PLANNED DEVELOPMENT DISTRICT; CALLING A PUBLIC HEARING; PROVIDING A PENALTY AND AN EFFECTIVE DATE.
3.8 Ordinance amending Chapter 18, "Motor Vehicles and Traffic", 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.
REGULAR AGENDA
Bid Awards:
3.5 The bid award for Vehicles for Various Divisions, Bid #CB-3022, was removed from the consent agenda to be considered separately at the request of Councilman Southward. Councilman Southward questioned since the policy concerning employees who reside outside of the city driving city vehicles home is being reviewed, why the City continues to purchase these vehicles and what is the time frame for completing the review of the policy?
City Manager Larry Gilley stated these employees will need the vehicles to perform their duties, even if they are prohibited from driving them home. Mr. Gilley further stated the Take Home Vehicle Policy is expected to be completed by the end of this fiscal year and will outline criteria on who will be allowed these vehicles and how far they will be allowed to travel. Mr. Gilley also noted that although each vehicle is not always replaced with exactly the same type of vehicle, all of the vehicles are replacements.
Councilman Archibald made a motion to award Bid #3022 to Lawrence Hall Chevrolet, the low responsible bidder, in an amount not to exceed $537,946.88, as recommended by staff. Councilman McNeil seconded the motion and the motion carried.
AYES: Councilmen Archibald,
Southward, Williams, Hill, McNeil, and Mayor Barr.
NAYS:
None.
Ordinances:
4.1 Jeff Armstrong, Development Services Manager, briefed the Council on an Appealed Ordinance considered on second and final reading -Z-00603 – Rezone from RM-2 (Residential Multi-Family) to AO (Agricultural Open Space) zoning district property located at 2318 Graham. Mr. Armstrong stated the applicant wishes to rezone the property to Agricultural for the sole purpose of keeping goats. Mr. Armstrong further stated under the current residential zoning, hoofed animals are not permitted. The applicant claims that goats have been maintained on the property at times in the past and that the use in legally nonconforming. However, staff is certain that up to the time of last year's debate on animals, no goats were present, or that there have been lengthy gaps in the use of the property so that any legal nonconforming use has lapsed. The City Council denied an identical rezoning request for this property in 1996. The Planning and Zoning Commission and staff recommend denial.
Mayor Barr opened a public hearing on the item, and the following individuals spoke in favor of the request:
· Andrew Vasquez, stated he does not live on the property, but his sister has owned the property since 1991 and he does have goats and chickens on her property. Mr. Vasquez stated the people that signed the petition agreed to allow him to have goats, and that he put up a chain link fence to help keep children out. Mr. Vasquez noted he has three goats now and would have no more than five. Mr. Vasquez further noted the goats keep the area clean and that he keeps the area picked up.
· Aurora Bumgarner, 2318 Graham Street, owner of the property, stated her brother, Andrew Vasquez, is her partner and takes care of the property. Ms. Bumgarner further stated there are no neighbors in this area and that she has no plans to sell the property.
There being no one else present and desiring to be heard, the public hearing was closed.
Council and staff discussion included: 1) concern for future development if the property is rezoned and later sold; 2) specific zoning cannot be tied to a current property owner; 3) AO zoning does not have a limit on the number of animals allowed; 4) based on the comprehensive land use plan, this becomes a stumbling block for future development; 5) a grandfather clause is based on the use having been legal at one time and is not just based on how long the property has been used; 6) rezoning can't be for a specific period of time then automatically revert back; and 7) specifying where on the property the goats could be located could only be done by rezoning a specific area for that purpose.
Sharon Hicks, City Attorney stated AO zoning is not appropriate within the Comprehensive Plan, and suggested Council could table the item and have staff review a possible special exception or overlay proposition in lieu of blanket approval of the request.
Mayor Barr made a motion to deny the request to rezone from Residential
Multi Family to Agricultural Open Space zoning district property located at
2318 Graham, 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, and Mayor Barr.
NAYS:
None.
4.2 Jeff Armstrong, Development Services Manager, briefed the Council on an Ordinance considered on second and final reading TC-00703 – Thoroughfare abandonment of all of Park Central Drive, between Southwest Drive and Catclaw Drive. Mr. Armstrong stated the applicant wants to close Park Central Drive in order to unify properties for a planned commercial center at Southwest and Catclaw Drives. To date there have been no objections from surrounding property owners. Mr. Armstrong further stated when the street was built, private funding was used and no tax dollars were involved. The Planning & Zoning Commission and staff recommend approval subject to the following conditions as recommended by the Plat Review Committee: 1) Replatting of the property, 2) Retain as an accessible utility easement the length and width of the street or relocation of water line and underground fiber optic cable line at the developer's expense; and 3) Approval of a development permit by the flood plain administrator.
Mayor Barr opened a public hearing on the item, and the following individual spoke in favor of the request:
· Eddie Chase, 141 S. Leggett, representing the proponent, stated he is doing the platting of the area.
There being no one else present and desiring to be heard, the public hearing was closed.
Council and staff discussion included: 1) if approved, communicating to the public that this won't negatively impact the area in regard to flooding is very important; 2) Abilene has design standards in place establishing very detailed controls on how development in flood prone areas is controlled; 3) the developer has shown how he will mitigate any possible flood problems, 4) there is nothing the City or FEMA can do to guarantee certain areas will not flood; and 5) Staff's assurance that the development will not add to flood problems in the area.
Councilman Hill made a motion to approve the Ordinance
considered on second and final reading for a thoroughfare abandonment of all of
Park Central Drive, between Southwest Drive and Catclaw Drive, subject to the
following conditions: 1) Replatting of the property, 2) Retain as an accessible
utility easement the length and width of the street or relocation of water line
and underground fiber optic cable line at the developer's expense; and 3)
Approval of a development permit by the flood plain administrator; as
recommended by the Plat Review Committee, Planning & Zoning Commission and
staff. Councilman McNeil
seconded the motion and the motion carried.
AYES: Councilmen Archibald,
Southward, Williams, Hill, McNeil, and Mayor Barr.
NAYS:
None.
The Ordinance is numbered 7-2003 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.
4.3 Jeff Armstrong, Development Services Manager, briefed the Council on an Ordinance considered on second and final reading - TC-00803 – Thoroughfare abandonment of a 20' east-west alley extending from N. Treadaway Blvd. to Cottonwood, and located between N. 10th & N. 11th Streets. Mr. Armstrong stated the applicant wants to close a non-functional alley adjacent to his business. The adjoining property owner to the south supports the request. The closure would not affect City operations. The Planning and Zoning Commission and staff recommend approval of the request.
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.
Councilman
Archibald made a motion to approve the Ordinance
for Thoroughfare abandonment of a 20' east-west alley extending from N.
Treadaway Blvd. to Cottonwood, and located between N. 10th & N.
11th Streets, 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, and Mayor Barr.
NAYS: None.
The Ordinance is numbered 8-2003 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.
Staff Presentations:
4.4 City Manager Larry Gilley introduced David Sartor, Interim Building Official. Mr. Sartor presented an overview of the Building Inspection Division presentation as follows:
Community Development Department
Building Inspection Division
Functions and Activities
Permits & Inspection
· Totals - 2002
· Flood - 2002
Condemnation & Rehabilitation
· 2002 Totals
Boards
Staff
Licenses
Certifications
2002 BOAT Award of Excellence
· Building Officials Association of Texas Award of Excellence for 2002
· Department judged on customer service, education, participation in professional organizations, model code utilization and community service projects
The Future
· Existing Building Code Review
· 2003 Code Adoptions
Council and staff discussion included: 1) the number of condemned homes demolished by the city with liens filed; 2) the role the condemnation or rehab program plays in the comprehensive plan; 3) the Council having received expressions of satisfaction with the division; 4) condemned properties being identified both through citizen complaint and code enforcement officer referral, with evaluations being conducted through the inspection process; 5) the condemnation process explained from notification to compliance with referral to board for decisions; and 6) the list of condemned property being public information.
Mayor Barr and the Council thanked Mr. Sartor and commended him and the Building Inspection Division staff for their receiving the Award of Excellence.
No Council action was required.
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.
There
being no further business, the Council reconvened at 10:35 a.m. in the City
Council Chambers of City Hall for the Budget Workshop.
_____________________________ ______________________________
Jo
Moore Grady Barr
City
Secretary Mayor