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Page 2: vH pb - Abileneww2.abilenetx.com/Minutes/Council/1982/05-27-1982 Minutes.pdf · cV c'•1 N I —) ai H 0 w N 00 0 H N Z H 41 x C r1 N ro H oD ro U 0 0 0 N v H 0 0 ro U z 0 H U 0

8. Request to Advertise

a.

Overhead street name signs.

b.

Sale of surplus real estate on Barrow Street.

C.

Gasolines, diesel, oils and greases for Shop.

REGULAR AGENDA

9. Public Appearance

a. Consider authorizing fire works display.

10. Public Hearings

a.

Quail Valley Land Use Plan.

b.

Dyess Land Use Plan.

c.

Consider on second and final reading -

reclassification request from

A[? (Agricultural Open Space) to CC (General Commercial) District,

located on U.S. Hwy 80 West. (Appealed)

d.

Consider on second and final reading - reclassification request from

RM-2 (Residential Multi-Family) to HC (Heavy Commercial) District,

located in the 2300 Block of Old Anson Road. (Appealed)

e.

Consider on second and final reading - reclassification request from

RS-6 (Residential Single Family) to 0 (Office) District, located

at 1410 Ballinger.

f.

Consider on second and final reading - reclassification request from

SC (Shopping Center) to PDD (Planned Development) District, located

at Ridgemont & Rolling Green Drives.

g.

Consider on second and final reading - reclassification request from

AO & RS-12 (Agricultural Open Space & Residential Single Family)

to PDD (Planned Development) District, located on Oldham Lane.

h.

Consider on second and final reading - reclassification request from

RS-12 (Residential Single Family) to SC (Shopping Center) District,

located at N. 10th & Danville.

i.

Consider on second and final reading - reclassification request from

RS-8 (Residential Single Family) to PH (Patio Home Overlay) District,

located in the 2500 Block of N. Judge Ely.

j.

Consider on second and final reading - reclassification request from

RS-8 (Residential Single Family) to PH (Patio Home Overlay) District,

located on proposed Doral Circle and proposed Inverrary Drive.

k.

Consider on second and final reading - reclassification request from

AO (Agricultural Open Space) to RS-6, RM-3, LC & GC (Residential

Single Family, Residential Multi-Family, Limited Commercial &

General Commercial) District, located at Oldham Lane & Industrial

Blvd.

1. Consider on second and final reading - reclassification request from

AO (Agricultural Open Space) to LI (Light Industrial) District,

located in the 4000 Block of E. Hwy 80.

m.

Consider on second and final reading - reclassification request from

RS-6 (Residential Single Family) to PH (Patio Home Overlay) District,

located in the 2100 Block of Grand Avenue.

n.

Consider on second and final reading - reclassification request from

AO (Agricultural Open Space) to SC, 0, RM 2, RM-3, RS-8 & CU

(Shopping Center, Office, Residential Multi-Family, Residential

Single Family & College-University) Districts, located at EN 10th

Street & Judge Ely Blvd.

o.

Consider on second and final reading - reclassification request from

RM-2 (Residential Multi-Family) to SC (Shopping Center) District,

located west of Ridgemont Drive.

p.

Consider on second and final read

y-

prohibiting parking on both sides

of ES 11th from Treadaway Blvd., to Judge Ely Blvd.

11. Resolutions

a.

Consider renewal of Day Care for the Elderly lease at S. 7th Fire

Station.

b.

Consider approval of paving on Vogel Street adjacent to the proposed

public housing site.

c.

Consider group health insurance.

12. Other Business

a.

Consider appointment to Boards & Commissions.

b.

Pending & Contemplated Litigation.

CERTIFICATE

I. hereby certify that the above notice of meeting was posted on the bulleting

board at City Hall of the City of Abile e on the 24th day of May at 9:00 a.m.

A sist t City Secretary

Page 3: vH pb - Abileneww2.abilenetx.com/Minutes/Council/1982/05-27-1982 Minutes.pdf · cV c'•1 N I —) ai H 0 w N 00 0 H N Z H 41 x C r1 N ro H oD ro U 0 0 0 N v H 0 0 ro U z 0 H U 0

REGULAR

MEETING - THURSDAY

MAY27, 1982 - 9:00 A.M.

CHAMBER OF THE CITY COUNCIL,

THE CITY HALL, ABILENE, TEXAS.

The City Council of the City of Abilene, Texas, met in Regular Session

Thursday, May 27, 1982, at 9:00 a.m., with Mayor Elbert E. Hall present and

presiding. Councilmen Julian Bridges, Juan C. Rodriguez, A. E. Fogle, Jr.,

L. D. Hilton and Councilwoman Kathy Webster were also present. Councilwoman

Billye Proctor was absent. Also present were City Manager Ed Seegmiller,

City Attorney Harvey Cargill, Jr., and Assistant City Secretary Kelly Beard.

Invocation by Councilman A. E. Fogle, Jr.

Minutes of the last regular meeting held May 6, 1982, were approved

as written with a correction on page 3-7 to omit the word "staff" and

for pages 3-6 and 3-8 to be rearranged so that the discussion of a street

maintenance ordinance will be on consecutive pages.

Councilman Hilton

made the motion to approve the minutes of May 6, 1982, as written with

the corrections. Councilwoman Webster seconded the motion.

AYES: Councilmen Bridges, Rodriguez, Fogle, Hilton and Councilwoman

Webster, and Mayor Hall.

NAYS: None.

Mayor Hall presented service awards to Bernard Huett, City Pur-

COMMENDING

chasing Agent. Mr. Huett was recognized for his service of 35 years.

EMPLOYEE

Also Dewane Kelly, Fire Lieutenant was recognized for his service of

SERVICE

30 years.

AWARDS

Fire Chief, James Pogue, announced the graduates of the Fire Academy

and Mayor Hall handed to each graduate a. certificate of graduation.

Graduating from the Fire Academy:

Richard Turner Abbott

Eddie Gonzales

Michael Andrews

Winford Dale Greenwood

Charles Elmer Bailey

Cynthia Haile

Charles Dwayne Baker

Lawrence James Kraus

Bruce Allen Bolen

Paul William Martin

Keith Earl Burnam

Mike Robert Nelson

Peter Edward Delacot

James Norman Newbury, Jr.

Verylon Gene Durant

Billy Joe Schulle

Tommy Ray Frymire

Harold Eugene Sexton

Joel Ascension Garza

David Wayne Standard

Councilwoman Webster moved passage of the consent items as written

below, with the exception of 6a and 7b. These items were considered

separately later in the meeting. The motion was seconded by Councilman

Rodriguez. The motion carried as follows:

AYES: Councilmen Bridges, Rodriguez, Fogle, Hilton, Councilwoman

Webster and Mayor Hall.

NAYS: None.

5.Ordinances

a. Consider on first reading - amending Section 32--7.2.16 of the

Zoning Ordinance concerning Time Limit on Authorization and

set a public hearing for June 10, 1982, at 9:00 a.m.

AN ORDINANCE AMENDING CHAPTER 32, "ZONING", OF THE ABILENE

ZONING AMEI^

MUNICIPAL CODE, BY AMENDING CERTAIN SECTIONS AS SET OUT

MENT -- TIMI

BELOW; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY

LIMIT ON

AND CALLING A PUBLIC HEARING.

AUTHORIZA-

TION

b.Consider on first reading - thoroughfare abandonment, being

1ST RD.

S. 27th Street beginning at the west right-of-way line

of Oak Street and running west for approximately 517.92

feet in length and 30 feet in width, and set a public

hearing for June 10, 1982, at 9:00 a.m.

THOROUGHFAI

ABANDONMEN`

AN ORDINANCE PROVIDING FOR THE ABANDONMENT OF A PORTION

S.27th &

OF PUBLIC RIGHT OF WAY; PROVIDING FOR THE TERMS AND

BOWYER SUB]

CONDITIONS OF SUCH ABANDONMENT, AND CALLING A PUBLIC

1ST RD.

HEARING.

c.Consider on first reading - thoroughfare abandonment, being

Oak Street from S. 25th to S. 27th, and set a public hearing

for June 10, 1982, at 9:00 a.m.

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PLANNING/THAN

UNIFIED WORK

PROGRAM &

TRANS. IMPROV

PROGRAM.

PARKS - LEE

PARK CONST.,

MOWERS

FIRE - AIR

MASKS

TRAFFIC -

SIGNS & PAINT

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 FOR A

PUBLIC HEARING.

THOROUGHFARE

ABANDONMENT -

S. 25th to

S. 27th on OAF

1ST RD.

d.

Consider on first reading - reclassification request from

RS-6 (Residential Single Family) to NH (Mobile Home)

District, located at N. 10th & Plaza Streets, and set a

public hearing for June 10, 1982, at 9:00 a.m.

AN ORDINANCE AMENDING CHAPTER 32, ZONING, OF THE ABILENE

MUNICIPAL CODE, BY CHANGING THE ZONING DISTRICT BOUNDARIES

AFFECTING CERTAIN PROPERTIES, AS DESCRIBED BELOW; DE-

ZONING-RE:

CLARING A PENALTY, AND CALLING A PUBLIC HEARING.

RS-6 TO MR

N. 10TH &

e.

Consider on first reading - reclassification request from PLAZA. 1ST RD,

HC (Shopping Center) to HC (Heavy Commercial) District,

located at N. 10th & Clack Streets, and set a public hearing

for June 10, 1982, at 9:00 a.m.

AN ORDINANCE AMENDING CHAPTER 32, ZONING, OF THE ABILENE ZONING-RE:

MUNICIPAL CODE, BY CHANGING THE ZONING DISTRICT BOUNDARIES SC TO HC

AFFECTING CERTAIN PROPERTIES, AS DESCRIBED BELOW; DE-

N. 10TH &

CLARING A PENALTY, AND CALLING A PUBLIC HEARING.

CLACK. 1ST RI

f.

Consider on first reading -- prohibiting parking on Buffalo Cap

Road from Linda Joy to Moore Street and set a public hearing

for June 10, 1982, at 9:00 a.m.

TRAFFIC CODE

AN ORDINANCE AMENDING CHAPTER 18, MOTOR VEHICLES AND

AMENDED -

TRAFFIC, BY AMENDING CERTAIN SECTIONS AS SET OUT BELOW; PARKING

PROVIDING A SEVERABILITY CLAUSE; AND DECLARING A PENATLY. 1ST RD.

g.

Consider on first reading - amending Section 32-9.2 and Section

32-9.3.2 of the Zoning Ordinance concerning mobile homes

for security purposes and set a public hearing for

June 10, 1982, at 9:00 a.m.

AN ORDINANCE AMENDING CHAPTER 32, ZONING, OF THE ABILENE ZONING AMEND.

MUNICIPAL CODE, BY AMENDING CERTAIN SECTIONS AS SET OUT SEC. 32-9.2 &

BELOW;

RE:

PROVIDING A SEVERABILITY CLAUSE; DECLARING A

32-9.3.2 RE

PENALTY AND CALLING A PUBLIC HEARING.

MOBILE HOMES

1ST RD.

6.Resolutions

b. Consider approval of Unified Work Program with the

Transportation Improvement Program for Transportation

Planning.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ABILENE,

TEXAS, APPROVING A UNIFIED WORK PROGRAM FOR THE ABILENE

URBANIZED AREA AND A TRANSPORTATION IMPROVEMENTS PROGRAM.

7.Award of Bids

a. Construction of curb & gutter at Lee Park.

c.

Mowers for Parks Division.

d.

Air Safety Masks for Fire Department.

e.

Sign Blanks & Posts for Traffic Department.

f.

Sign Lettering for Traffic Department.

g.

Traffic Paint for Traffic Department.

8.Request to Advertise

a.

Overhead street name signs.

b.

Sale of surplus real estate on Barrow Street.

c.

Gasoline, diesel, oils and greases for Shop.

Gary Landers, First Assistant City Attorney, presented item

6a, concerning the lease agreement with Budget Rent-A-Car. Mr.

Landers said that there were three other rent-a-car leases at the

Airport and they all expire in September of this year. He said

that in talking with Glenn Meeks, Airport Manager, and Bob Whitehead,

Public Works Director, they thought it would be appropriate to

recommend this lease to have the same terms as the three existing

leases. But it too would expire at the end of September. Mr.

Seegmiller explained to the Council that there had been a problem

TRAFFIC -

OVERHEAD SIGT

LAND AGENT -

BARROW ROW

EQUIPMENT -

FUELS

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with parking spaces at the other leases. However, there has been some

expansion of parking spaces around a half circle and both sides of the

street near the other leases. Budget Rent-A-Car would also be provided

parking spaces.

Councilwoman Webster moved the adoption of the lease agreement

AIRPORT -

with Budget Rent-A-Car. Councilman Fogle seconded the motion. The

BUDGET RENT-

motion carried as follows:

A-CAR LEASE

AYES: Councilman Bridges, Rodriguez, Fogle, Hilton, Councilwoman

Webster and Mayor Hall.

NAYS: None.

Mike Hall, Director of Community Services, presented the item

concerning the award of bid for the concession and maintenance building

at the Lee Athletic Complex. The recommended bid was $88,506 from Metal

Building System. Even though the bid was about $20,000 lower than the

next bidder, Mr. Hall felt that the bid was a good bid and that it meets

the specifications that were sent out. He said that the Community Services

Department will be supervising the project.

Councilman Rodriguez moved approval of the award of bid for the

concession and maintenance building at the Lee Athletic Complex to

Metal Building System for $88,506. Councilman Bridges seconded the

motion. The motion carried as follows:

PARKS -

AYES: Councilmen Bridges, Rodriguez, Fogle, Hilton, Councilwoman AWARD OF BID

Webster and Mayor Hall.

CONCESSION &

NAYS: None.

MAINT BLDG

Curtis Hawk, Assistant City Manager, presented the item concerning

the Fireworks Display at the Mall of Abilene, July 3, 1982. He said

that Wilma Berry of the Mall of Abilene has requested that the Mall

be granted permission to hold a fireworks display again this year in

connection with the 4th of July holiday. Their plan is to hold the

fireworks display on July 3, 1982. He quoted the City Ordinance, fire-

works displays can be held,..."at any designated place and time when in

the opinion of the Council the display would be in the best interest of

the City. The individual or corporation who will be holding the display

is required to conform to any requirements set out by the City Council".

He said the Fire Marshal, Bill Mooty, and Fire Chief, James Pogue, have

met with Ms. Berry and reviewed the site where they intend to hold the

display and they feel that with the stipulation that 1) the fireworks

display be properly supervised and conducted and that the person who will

put on the display will be someone who had in the past been registered

by the State. He said that the State no longer requires that they be

certified, but in this case, the individual who will be putting on the

display has been certified in the past. Also the City requests that a

fire truck be allowed to stand by. He said that the Fire Marshal and the

Fire Chief both have reviewed the location of where the fireworks display

will be held and they have no problem with that location. He said that

we normally require that whoever has a fireworks display will provide

insurance coverage to protect itself and the City.

Ms. Wilma Berry, Mall of Abilene, said that they do have insurance

and will put in writing, if necessary, that they will give the City a

hold harmless clause over the whole situation. She said that the same

company will handle the fireworks this year as last year. She said there

will be no charge and they will have proper security on hand.

Councilman Bridges moved to approve the fireworks display to be held

July 3, 1982, at the Mall of Abilene. Councilman Fogle seconded the FIREWORKS

motion. The motion carried as follows:

DISPLAY -

AYES: Councilmen Bridges, Rodriguez, Fogle, Hilton, Councilwoman MALL OF ABI-

Webster and Mayor Hall.

LENE

NAYS: None.

Mr. Lee Roy George, Director of Planning and Community Development,

presented a Land Use Plan of the Quail Valley Subdivision in northeast

Abilene. He said the area has been annexed and their plan is in accordance

with the Major Thoroughfare Plan and the Northeast Study that has already

been adopted by the City Council. The proponents of the Quail Valley

Subdivision Land Use Plan would like to get a commitment from the Council

on the Land Use Plan on the implementation.

Mr. John Beall, proponent, described the Quail Valley Subdivision Land

Use Plan. He said that it is located northeast of Abilene with part of it

fronting on the Albany Highway. He said the golf course that will be

located in the Subdivision is a public golf course and it will be in the

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middle of the Subdivision. He said there will be approximately 500 homes

surrounding the golf course. He said that if everything goes according

to schedule, he would like to start the project sometime in September.

David Todd of Barber, Brannon, Traylor, Todd, Inc., reviewed the

thoroughfare plans, golf course plans, residential plans, etc., for the

Council. He said that the earlier problem with the golf course and the

natural drainage system was almost eliminated with the use of a 100 year

flood study and a Hec II computer. He said that for irrigation of the

golf course, they plan to use their own sewage treatment plant with a

zero discharge permit to capture the effluent and discharge it on the

golf course. He elaborated on the planned sewer plant and said that it

would take about 400,000 gallons of water a day to irrigate a golf

course and they are planning about a half a million gallon a day sewer

plant. He said that they would not be discharging into Abilene's

wastewater treatment plant, that it would be treated by the sewer

treatment plant located in the Subdivision. He said that they only

wanted to get acknowledgement from the Council that they do accept

this as their master plan and thoroughfare plan because this project

is going to take numerous years to develop and they will be coming

back to the Council for the approval of the sewage treatment plant.

He said on completion, there will be 7,012 units available. He said

that the population has been estimated at 10,000 plus.

Mr. George said that the staff and the Planning & Zoning Commission

recommend that the Council adopt the general concept of the Quail Valley

Subdivision Land Use Plan.

Councilman Hilton moved that the Council adopt the Quail Valley PLANNING -

Land Use Plan. Councilman Pogle seconded the motion. The motion

LAND USE PLAP

carried as follows:

QUAIL VALLEY

AYES: Councilmen Bridges, Rodriguez, 'ogle, Hilton, Councilwoman

Webster and Mayor Hall.

NAYS: None.

Mr. George presented the Dyess Land Use Plan to the Council. He said

about two years ago, a suggested Land Use Plan was presented to the

Council concerning the Dyess area. He said that when the plan was adopted,

they knew that there were some changes that would be implemented later.

One of the changes was the recommendation by the Planning & Zoning Commission

and subsequent adoption by the Council of about 900 acres of Industrial

across Highway 80. He said that they sometimes had problems with how

to deal with amendments to plans and have put items on the P&Z agenda

a procedure that they could adopt that would guide them in amending plans

when it is realized that the plans are not up-to-date or not consistent

with current trends and policies in the area. The plan is recommended for

change by the Council by the Planning & Zoning Commission and the staff

after a public hearing. He said the change of this plan may help in

considering the next item which is a zoning reclassification in this area.

He said that they are trying to confine the commercial areas to major

intersections so as to be consistent with earlier recommendations that

were made. He said that a while ago, the P&Z Commission and the City

Council were concerned with the entry ways into the City. That is why

they have developed the Park Industrial Districts to use as entry ways

into the City. He said Park Industrial is a limited industrial category

somewhere between the open ended Industrial category that we have and

what he would consider to be planned industrial district. He said that

the Planned Industrial District is restrictive and they needed something

in between.

Mac McClure, of Frances McClure Realtors, Inc., said that because

there were other projects that they would be handling in the future in

this Land Use Plan, he wanted to speak to the Council. He said that

one of the things that the original Dyess Land Use Plan called for

was residential in one entire area. Subsequent to that, McClure

Realtors had been looking at the area trying to get the various uses

of the area and trying to plug them into it. One of the things that

they found was that a creek line does constitute a natural barrier

to development of residential on the north side of the creek. He

found that in the 11.9 acres owned by Mr. Anton, that they had a real

problem putting residential uses into it because of the land use in

the area and the problems they would get into in trying to put

residential uses on the eastern end of the tract. So, after investigation,

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he said they are looking into a major residential subdivision in this

area and they are going to try to pull in some of the compatible uses

for general commercial and the servicing of some of the residential

areas that go around a (i.e., retail shopping center, grocery stores,

cleaners, et. al.). He would like to recommend that the Council

approve the change in the Dyess Land Use Plan.

Mr. Anton, owner of 11.9 acres requested to be rezoned, said he

has had that acreage for a long time. He said it looks like no one

wants to build a house there and he said that the people who are going

to buy this property pending the zone change, are going to build an

automobile dealership on the property. He requested that the Council

approve the change in the Dyess Land Use Plan.

Mr. Sands, the property owner on the south of the total extent

of the new commercial area that has been developed, and when the

original plans were brought up, he was concerned with the possibility

of flooding. He said that the developers have widened the creek and

has improved the area already. He said as a property owner, he feels

that the Council would benefit this area by approving the new concept

of the Dyess Land Use Plan.

Mr. George said that two things happened since the initial adoption

of the plan that had a bearing on the recommendation of the staff. One

is that the 900 acres had been rezoned for Heavy Industrial Use. The

second is that they had developed the Park Industrial Use category that

they didn't have as a tool available when they developed this plan.

PLANNING -

Councilman Fogle moved passage of the

Councilwoman Webster seconded the motion.

AYES: Councilmen Bridges, Rodriguez,

Webster and Mayor Hall.

NAYS: None.

revised Dyess Land Use Plan. REVISION

OF DYESS

The motion carried as follows:

Fogle, Hilton, Councilwoman LAND USE

PLAN

Mr. Wayne Collier, Zoning Administrator, presented an ordinance

concerning a reclassification request from AO (Agricultural Open Space)

to GC (General Commercial) District, located on U.S. Hwy 80 West. This

item was appealed at the Planning & Zoning Commission. The proposed

use of this area will be for an automobile dealership. On May 17, 1982,

the Planning & Zoning Commission amended the Dyess Land Use Plan to

reflect commercial uses in the area. However, the request came before

the amended Dyess Land Use Plan, therefore, the request was denied by

the Planning & Zoning Commission. The staff recommended approval of

the request.

Mayor Hall explained that he talked with the chairman of the Planning

& Zoning Commission and said that the P&Z approved it 7-0, the staff

disapproved it and the Council sent it back 1-6. The Planning & Zoning

Commission reviewed it again realizing that it was in conflict with the

Dyess Land Use Plan and denied it 3-2-1. The P&Z then reviewed the

Dyess Land Use Plan change and recommended it with the area as general

commercial.

Mayor Hall opened the public hearing on the reclassification request

from AO (Agricultural Open Space) to CC (General Commercial) District,

located on U.S. Hwy 80 West.

Mac McClure, Frances McClure Realtors, Inc., spoke in favor of the

zone change.

There being no one else present and desiring to be heard, Mayor

Hall closed the public hearing.

Councilwoman Webster moved

A0 (Agricultural Open Space) to

on U.S. Hwy 80 West. Councilma

motion carried as follows:

AYES: Councilmen Bridges,

Webster and Mayor Hall.

NAYS: None.

passage of the ordinance reclassifying

GC (General Commercial) District, located

a Rodriguez seconded the motion. The ZONING-RE:

AO to GC

Rodriguez, Fogle, Hilton, Councilwoman U.S. HWY 80

WEST

FINAL RD.

AN ORDINANCE AMENDING CHAPTER 32, 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.

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Mr. Collier presented a reclassification request from P.M-2

(Residential Multi-Family) to HC (Heavy Commercial) District, located

in the 2300 Block of Old Anson Road. This item was denied by the

Planning & Zoning Commission and was appealed by Douglas Schmitt

owner of the property. Mr. Schmitt wanted to use the property for

his plumbing business. According to the Sears Land Use Plan, however,

the area was to be left RM-2. The staff disapproved of the request

for reclassification. He said that a plumbing business would not

necessarily have to be located in a Heavy Commercial zone. It could

also be located in an Industrial zone. He pointed out some of the

areas where Heavy Commercial Districts exists.

Mayor Hall opened the public hearing on the reclassification

request from RM-2 (Residential Multi-Family) to HC (Heavy Commercial)

District, located in the 2300 Block of Old Anson Road.

Mr. Douglas Schmitt, owner of the property, 'd aid in earlier

meetings he had told the P&Z and the Council that the property was

"fey

not for resale, but to further his plumbing business. He said his

biggest adversary was Mr. Lee Roy George and the City staff. But,

everytime he went to Mr. George for information, for education, he

always took time out of his day to help him. Mr. Schmitt wanted to

tell Mr. George publicly that he appreciated it. Mr. Schmitt went

on to say, "There was no opposition after the initial letters were

sent out--there was no opposition. I brought into Planning & Zoning

approximately 24 signed statements from the people of this area in

north Abilene. I was born and raised in this area and all that I have

found when I went seeking approval for helping these people, they would

bend over backward to help you if you were honest, and I appreciate

them and their efforts. Since I started this project, Mr. George took

me in and showed me some places that had been rezoned recently. When I

first started trying to acquire property, it was over a year ago. It

took me ten months to acquire this property. I was told in the

beginning that the City would probably rather see anything in this area

than what was there and what had been there for 20, 30, or 40 years.

To make it brief, I appreciate the help that I received in Planning &

Zoning. Because of Mr. George's efforts, I did find another location

which I did not think existed. I would like to withdraw my request for

rezoning and just thank the people who tried to help me. The only

thought I would like to leave--I don't know much about City business--

I have received a pretty good education from the six to eight weeks I

have been involved with it, but the people in this area, that has been

stagnant for years, they felt this was a good opportunity for them as

well as for me. Everyone I talked to in the area surrounding Sears

Park and this addition, their comment is, 'we're north of the tracks,

we don't get nothing.'

If you will notice, at most of your meetings,

there are very few working people that are able to attend the meetings.

And their greatest appreciation would to have someone, anyone, to just

come out and visit with them. If there is something, they don't under-

stand the land usage program, I didn't understand it until I had to

come in, and if there was some way that the Planning & Zoning or the

City of Abilene City Council to visit with people on issues out there,

I believe you would see greater infill in north Abilene. You would see

cleaner yards, you would see a different way of life because these people,

they're a good people, all of Abilene has good people because I work for

all of them. I guess the saddest part of what I went through was that

the people didn't know what was going on. If they get hyped on a project

or something, most of the time, they never show up. There was over 20

letters sent out, three returned, and of the three people that returned

them, one of the three people didn't know what they were returning, they

just knew someone wanted to do something, so they marked the spot there.

The one man that opposed me, after I visited him, he gave me written

approval. These people not only gave me written approval, they wanted it

there. They wanted to see something in there. I believe that they will

work with you, with me, or with anybody else if they are given the time

and the chance to understand it. I know you can't spend all of your time

and pay people to go out and visit out in there, but all I ask is that if

you are out in the area, stop and visit with people. Let them know what

is going on because they are sitting out there taking whatever is

administrated here. That is what they get and 90 percent of them don't

even know what it is. Thank you."

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Mayor Hall responded to Mr. Schmitt saying that the Council also had

the same concern and that the Council needed to apply the same rules to

that area that they apply to other areas. He said it was not right to

think that a certain area is so bad that it would not make any difference

what was done in that area. He said that his withdrawal of the request

lightened the burden on the Council and he was glad that he found

another business and wished Mr. Schmitt good luck.

Mr. Schmitt reiterated that it was because Mr. George had taken the

time out of his busy days to help him and he does appreciate him and the

Council and Planning & Zoning.

There being no one else desiring to be heard, Mayor Hall closed the

public hearing.

Councilman Hilton moved the approval of the withdrawal and a

commendation of Mr. Schmitt for his attitude. Councilman Rodriguez

ZONING-RE:

seconded the motion. The motion carried as follows:

WITHDRAWAL

AYES: Councilmen Bridges, Rodriguez, Fogle, Hilton, Councilwoman OF RM-2 TO

Webster and Mayor Hall.

HC IN 2300

NAYS: None.

BLK OF OLD

ANSON ROAD

Mr. Collier presented a reclassification request from RS-6

(Residential Single Family) to 0 (Office) District, located at 1410

Ballinger. He said that the request came from TM Quality Builders

with agents, Tommy Milliron and Jim Gidley. He said that it is

planned to combine two lots 1410 & 1402 into one office since the

1402 lot has an office on it now. The Planning & Zoning Commission

and the staff both recommended approval.

Mayor Hall opened the public hearing on the reclassification

request from RS-6 (Residential Single Family) to 0 (Office) District,

located at 1410 Ballinger.

Mr. Jim Gidley, 741 Sayles, spoke in favor of the rezoning. He

said by using the structures that are on the lots, it is not a comfortable

way of doing business. He said the structure that is proposed for this

area is eye-appealing and he thought that the business would benefit the

area.

Mr. Tommy Milliron spoke in favor of the rezoning. He said the

structure proposed for the area would be a compliment to the area be-

cause°of:theRiver Oaks Shopping Center, Barrow Street Shopping Center,

etc.

There being no one else present and desiring to be heard, Mayor

Hall closed the public hearing.

Councilwoman Webster moved passage of the ordinance reclassifying

RS-6 (Residential Single Family) to 0 (Office) District, located at

1410 Ballinger. Councilman Hilton seconded the motion. The motion

carried as follows:

AYES: Councilmen Bridges, Rodriguez, Fogle, Hilton, Councilwoman

Webster, and Mayor Hall.

ZONING-RE:

NAYS: None.

RS-6 to 0

1410 BALL-

AN ORDINANCE AMENDING CHAPTER 32, ZONING, OF THE ABILENE MUNICIPAL INGER

CODE, BY CHANGING THE ZONING DISTRICT BOUNDARIES AFFECTING CERTAIN FINAL RD.

PROPERTIES, AS DESCRIBED BELOW; DECLARING A PENALTY, AND CALLING A

PUBLIC HEARING.

Mr. Collier presented the reclassification request from SC (Shopping

Center) to PDD (Planned Development) District, located at Ridgemont &

Rolling Green Drives. The request came from Paul Broadhead & Associates.

The request was for the purpose of constructing a six-story hotel

consisting of approximately 175 to 200 rooms. He said that hotels and

motels are not allowed in shopping center zones. Both the Planning &

Zoning Commission and the staff recommend approval of the request. He

said construction would commence within six months of the date of passage.

Mayor Hall opened public hearing on the reclassification request

from SC (Shopping Center) to PDD (Planned Development) District, located

at Ridgemont & Rolling Green Drives.

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Mr. Kim Wise, agent for Paul Broadhead & Associates, explained that

they intend to develop a six-story hotel, which is a franchise hotel, and

exists in Houston, Dallas, El Paso, San Antonio, etc. He said that part

of the contractural agreement in the purchase of the property also involves

the purchase of the multi-family land that is immediately to the west of

the site. He also mentioned that later, when it comes time to develop

that multi-family land, they will have to look at the concerns of the

residents of that area.

Mayor Hall asked that Mr. Collier explain the area west of

Ridgemont Drive which was later handled in the meeting as a reclassification

request. Mr. Collier said that this request was to expand the shopping .

center district to the west of Ridgemont Drive about 55 feet to allow for

additional parking and maneuvering for a proposed three-store office

building or possibly two buildings in the area

.south of the proposed

hotel site.

There being no one else present and desiring to be heard, Mayor Hall

closed the public hearing.

Councilman Hilton moved passage of the ordinance reclassifying

SC (Shopping Center) to PDD (Planned Development) District, located at

Ridgemont & Rolling Green Drives. Councilman Bridges seconded the

motion. The motion carried as follows:

AYES: Councilmen Bridges, Rodriguez, Fogle, Hilton, Council--

woman Webster and Mayor Hall.

NAYS; None.

AN ORDINANCE OF THE CITY OF ABILENE, TEXAS, AMENDING CHAPTER 32

ZONING, OF THE ABILENE MUNICIPAL CODE, CONCERNING RHODES PLAZA

PLANNED DEVELOPMENT DISTRICT; CALLING A PUBLIC HEARING;

PROVIDING A PENALTY AND AN EFFECTIVE DATE.

ZONING-RE:

SC TO PDD

RIDGEMONT

TO ROLLING

GREEN DRIVE

FINAL RD.

Mr. Collier presented an ordinance calling for a reclassification

from RM-2 (Residential Multi-Family) to SC (Shopping Center) District,

located west of Ridgemont Drive. The request is to enlarge the Shopping

Center area to the west by a 55 foot strip. The Planned Development

District that had just been approved also provided for this additional

55 feet so there will not be an offset. The Planning & Zoning Commission

and the staff both recommended approval of the request.

Mayor Hall opened public hearing on the request from RN-2 (Residential

Multi-Family) to SC (Shopping Center) District, located west of Ridgemont

Drive.Kim Wise explained that they intend to take the 55 foot strip to

block off the property in a straight manner and it will also help to

provide some parking for their first office building.

There being no one else present and desiring to be heard, Mayor Hall

closed the public hearing.

Councilwoman Webster moved passage of the ordinance reclassifying

from RM-2 (Residential Multi-Family) to SC (Shopping Center) District,

located west of Ridgemont Drive. Councilman Rodriguez seconded the

motion. The motion carried as follows:

AYES: Councilmen Bridges, Rodriguez, Fogle, Hilton, Councilwoman

Webster and Mayor Hall.

NAYS: None.

AN ORDINANCE AMENDING CHAPTER 32, 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.

ZONING-RE:

IM-2 TO SC

WEST OF

RIDGEMONT D

FINAL RD.

Mr. Collier presented a reclassification request from AO & RS-12

(Agricultural Open Space & Residential Single Family) to PDD (Planned

Development) District, located on Oldham Lane. He said that Heritage

Homes, Inc., requested the rezoning. The request is for the purpose

of developing the property of 6 acres to 16 single family residences.

The Planning & Zoning Commission and the staff both recommended approval

of the request.

Mayor Hall opened public hearing on the reclassification request

from AO & RS-12 (Agricultural Open Space & Residential Single Family)

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to PDD (Planned Development) District, located on Oldham Lane.

Mr. Eddie Chase, 1714 Meadowbrook, explained that they were trying

to develop a nice residential area that would be owned and built by the

members of Heritage Homes, Inc. He said there are presently 9 members

who have agreed to build homes in the development and are putting up

their money out of the total 16 homes that can

be built. He said that

he felt it would be a very nice development. He said that they were

asked to provide a fence around the area. He said that they have

asked if they could delay building the fence until they have started

the actual construction of the homes because they have utilities that

will be very close to the fence. He said they will build a fence after

that time and they are planning on doing some landscaping along Oldham

Lane. He said that the conditions of the fence, traffic, planning, etc.,

has not been added to the ordinance, but he is working with an attorney

to have it redrawn. He said he would be satisfied with an approval from

the Council based on compliance with those suggestions.

There being no one else present and desiring to be heard, Mayor Hall

closed the public hearing.

Councilman Fogle moved passage of the ordinance reclassifying from

AO & RS-12 (Agricultural Open Space & Residential Single Family) to PDD

(Planned Development) District, located on Oldham Lane subject to the

compliance with the provisions set o

ut b

y the staff. Councilman Hilton

seconded the motion. The motion carried as follows:

AYES: Councilmen Bridges, Rodriguez, Fogle, Hilton, Councilwoman

Webster, and Mayor Hall.

NAYS: None.

AN ORDINANCE OF THE CITY OF ABILENE, TEXAS, AMENDING CHAPTER 32,

ZONING, OF THE ABILENE MUNICIPAL CODE, CONCERNING KINGS CROSS

PLANNED DEVELOPMENT DISTRICT; CALLING A PUBLIC HEARING;

PROVIDING A PENALTY, AND AN EFFECTIVE DATE.

ZONING-RE:

AO & RS-12

TO PDD

OLDHAM LANE

FINAL RD.

Mr. Collier presented the ordinance reclassifying from RS-12

(Residential Single Family) to SC (Shopping Center) District, located

at N. 10th & Danville. The request was from Hardin-Simmons University.

He said that the Zoning Ordinance requires a minimum lot size of 10

acres for a Shopping Center zone. He said that the property in question

is only approximately 1/4 of an acre. However, the staff had no problem

with enlarging an existing small shopping center zone and it will provide

for additional parking an.d maneuvering of whatever development takes place

on the property. The Planning & Zoning Commission and the staff both

recommended approval of the request.

Mayor Hall opened public hearing on the reclassification request

from RS-12 (Residential Single Family) to SC (Shopping Center) District,

located at N. 10th & Danville.

Mr. Ira Duck, agent for Hardin-Simmons University, explained that

they were unable to sell the property in its present RS zoning but they

could sell it in a SC zoning. He said Hardin-Simmons does need to sell

it as it was property that was given to them.

There being no one else present and desiring to be heard, Mayor Hall

closed the public hearing.

M

H 11

an ayor a .

ZONING-RE:

NAYS: None.

RS-12 TO SC

ABSTAINED: Councilman Bridges

N 10th &

AN ORDINANCE AMENDING CHAPTER 32, ZONING, OF THE ABILENE

DANVILLE

MUNICIPAL CODE, BY CHANGING THE ZONING DISTRICT BOUNDARIES

FINAL RD

AFFECTING CERTAIN PROPERTIES, AS DESCRIBED BELOW;

DECLARING A PENALTY, AND CALLING A PUBLIC HEARING.

Councilman Hilton moved passage of the ordinance reclassifying from

RS-12 (Residential Single Family) to SC (Shopping Center) District, located

at N. 10th & Danville. Councilman Rodriguez seconded the motion. The

motion carried as follows:

AYES: Councilmen Rodriguez, Fogle, Hilton, Councilwoman Webster

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Mr. Collier presented the ordinance calling for a reclassification

request from RS-8 (Residential Single Family) to PH (Patio Home Overlay)

District, located in the 2500 Block of N. Judge Ely. The request came

from Hill & Scott, Inc., to rezone a 10 acre tract. The request was

for the purpose of constructing 51 patio homes on the 10 acre tract.

The Planning & Zoning Commission and the staff both recommended approval

of the request.

Mayor Hall opened public hearing on the reclassification request from

RS-8 (Residential Single Family) to PH (Patio Home Overlay) District,

located in the 2500 Block of N. Judge Ely.

Mr. Ray Scott, 702 Diamond Lake Drive, explained that one of the

concepts that they tried to encompass in the development was a patio

home or garden home development that was not crowded. He said they

made the streets a maximum of 60 feet, the alleys will be 30 foot paved

alleys, and the lots will be larger than normal.

There being no one else present and desiring to be heard, Mayor Hall

closed the public hearing.

Councilman Hilton moved passage of the ordinance reclassifying from

RS-8 (Residential Single Family) to PH (Patio Home Overlay) District,

located in the 2500 Block of N. Judge Ely. Councilman Bridges seconded

the motion. The motion carried as follows:

AYES: Councilmen Bridges, Rodriguez, Fogle, Hilton, Councilwoman

Webster and Mayor Hall.

NAYS: None.

ZONING-RE:

RS-8 TO

AN ORDINANCE AMENDING CHAPTER 32, ZONING, OF THE ABILENE

PH - 2500

MUNICIPAL CODE, BY CHANGING THE ZONING DISTRICT BOUNDARIES

BLK OF N.

JUDGE ELY

AFFECTING CERTAIN PROPERTIES, AS DESCRIBED BELOW;

FINAL RD.

DECLARING A PENALTY, AND CALLING A PUBLIC HEARING.

Mr. Collier presented an ordinance calling for a reclassification

request from RS-8 (Residential Single Family) to PH (Patio Home Overlay)

District, located on proposed Doral Circle and proposed Inverrary

Drive. Champion Properties requested the zone change south of Antilley

Road and East of Buffalo Gap Road. He said that 19 patio homes are

proposed in one area of the property and 16 in another part of the area.

He said that the request did conform to the Southside Area Land Use Plan.

The Planning & Zoning Commission and the staff both recommended approval

of the request.

Mayor Hall opened public hearing on the request from RS-8

(Residential Single Family) to PH (Patio Home Overlay) District, located

on proposed Doral Circle and proposed Inverrary Drive. There being no

one present and desiring to be heard, Mayor Hall closed the public hearing.

Councilman Rodriguez moved passage of the ordinance reclassifying

RS-8 (Residential Single Family) to PH (Patio Home Overlay) District,

located on proposed Doral Circle and proposed Inverrary Drive. Council-

woman Webster seconded the motion.

The motion carried as follows:

AYES: Councilmen Bridges, Rodriguez, Fogle, Hilton, Councilwoman

Webster and Mayor Hall.

ZONING-RE

NAYS: None.

RS-8 Tu

PH - DORAL

CIRCLE TO

INVERRARY DI

FINAL RD.

AN ORDINANCE AMENDING CHAPTER 32, 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.

Mr. Collier presented the ordinance calling for the reclassification

from AO (Agricultural Open Space) to RS-6, RM-3, LC & GC (Residential

Single Family, Residential Multi-Family, Limited Commercial & General

Commercial) District, located at Oldham Lane & Industrial Boulevard.

The request came from Lytle Shores South, Inc., to rezone approximately

85 acres from AO to RS-6, RM--3, LC & CC. He said that the breakdown

would be 45 acres in RS-6 zoning, 14 1/2 acres in RM-3 zoning, 7 1/2

acres in LC zoning, and 18 acres in GC zoning. He said that the staff

felt that the RN-3 zoning would act as a buffer between the RS-6 and

the commercial zoning. He said that the proposed zoning is in

conformance with the Southeast Area Land Use Plan. The Planning & Zoning

Commission and the staff both recommended approval of the request. He

said that the original request did ask for General Commercial zoning

up to the residential area. He said that the staff had some concerns

%

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over RM-1 zoning since it would permit such intense development over a 100

percent liveable area. During the Planning & Zoning Commission meeting,

the RM-1 zoning was amended to RN-3. He also mentioned that FM 1750 or

Oldham Lane is exempt from needing curb and gutter since it is a State

maintained road.

Mayor Hall opened public hearing on the reclassification request

from AO (Agricultural Open Space) to RS-6, RN-3, LC & CC (Residential

Single Family, Residential Multi-Family, Limited Commercial & General

Commercial) Districts, located on Oldham Lane & Industrial Blvd.

Mr. Pete Baker, representing developer Jorden Wood, explained

that some items have been concerning some of the residents in the area.

He said that fire protection is a concern. He said right now there is

no fire station within 1.5 miles of the property. He said that to his

understanding that a Ken Musgrave tract of land is anticipated to be

a fire station in the near future. He said that if this does not

develop, Jorden Wood has offered adequate property would be donated

to the City so that a fire station could be erected there. He said

there was also a question of notification. He said he has talked with

Mr. Tommy Harendt, who was a property owner within 200 feet, and Mr.

Harendt said that he was not notified but that it was okay with him

and that he agreed with the rezoning. The third concern was the

proposed General Commercial zoning. He said the proposed General

Commercial zoning would be at the intersection of two major

thoroughfares. Finally, he addressed the concern of modular homes.

He said these homes range in price from $37,950 to $55,600 which

includes back yard fences, mail boxes, and trees.

Mr. Linden Curry, engineer for the project, explained that the

natural drainage for the site is from the southeast toward the northwest.

He said that drainage would accumulate at the northwest corner of the

acreage and now accumulates there and runs through an inadequate

highway ditch. He said several years ago, they recognized this problem,

and at a great cost, split the project right down the middle of the

total site. From there they forced the drainage easterly through a

six feet deep drainage ditch. He said that ditch will be widened to

a full road, six feet deep. He said that since they have split the

property, it is carrying half the drainage to the northeast corner

and putting it in Lytle Creek. He said that the commercial zones

will drain east first to the Highway and then north. The RN-3 and

RS-6 zones will drain north and then east down Baylor Drive and into

Lytle Creek.

He said that the ditch will run all the way across

their property and will cross land owned by WTU so that the water

will eventually be dumped into Lytle Creek.

Mr. Bob Galinak, property owner at 3733 Oldham Lane, presented

a petition to the Council signed by 87 out of 115 home owners in

the immediate area of Lytle Shores South. He said of those 87 listed

and of the 21 listed who are within 200 feet, they have 16 who have

signed in strong opposition of the proposed rezoning. He said that

the closest, fire station is 2.9 miles from the area. He said that

the key code of insurance requires that there be a fire station within

a 1.5 mile radius of a General Commercial area. He said another

concern was that there would only be two streets coming out of the

development and would dump all of that traffic of more than 500 homes

onto Oldham Lane. He said that water is not running off of the area--

it is standing in driveways, yards, and ditches. He said that the

petition was mainly voicing the objection of the increase in elevation

that the building of new homes and businesses would cause.

Mr. Seegmiller, City Manager, said that there has been some

planning to place a fire station in that area. He said that an exact

location had not been established at that time.

Mr. Baker said that Mr. Wood had met in February with some of the

property owners and told them that he would be happy to work with them

in any way. But he said that not one property owner has contacted him

to tell them what they wanted.

Mr. Bob Whitehead, Director of Public Works, explained that the

City Engineer has the responsibility of reviewing all of the utility,

drainage capabilities on any new subdivision. He said the basic

attempt is what is proposed and where the water will drain. He said

that right now, it is necessary for the City to look at the drainage

and try to arrive at any satisfactory solution to any new drainage in

1

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a new subdivision. He said he thought this was accomplished by Mr. Curry

to try to channel the drainage to a different direction.

There being no one else present and desiring to be heard, Mayor

Hall closed the public hearing.

Councilwoman Webster moved passage of the ordinance reclassifying

from AO (Agricultural Open Space) to RS-6, RM-3, LC & GC (Residential

Single Family, Residential Multi-Family, Limited Commercial & General

Commercial) Districts, located at Oldham Lane & Industrial Boulevard

with the stipulation that Jorden Wood would donate enough property

to the City to build a fire station if it wishes. Councilman Hilton

seconded the motion. The motion carried as follows:

AYES: Councilmen Bridges, Rodriguez, Fogle, Hilton, Councilwoman

Webster, and Mayor Hall.

NAYS: None.

AN ORDINANCE AMENDING CHAPTER 32, 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.

ZO

NIN

G-RE:

AO TO RS-6

RM-3, LC &

GC

ON

OLDHAM LANE

& INDUSTRIAI

FINAL RD

Mr. Collier presented the ordinance calling for a reclassification

from AO (Agricultural Open Space) to LI (Light Industrial) District,

located in the 4000 Block of E. Hwy 80. The request came from Kapar,

Inc. The proposed use of the property was for a mobile home sales

facility. The request was in conformance with the East Highway 80

Study that was adopted in 1979. The Planning & Zoning Commission and

the staff both recommended approval of the request.

Mayor Hall opened public hearing on the reclassification request

from AO (Agricultural Open Space) to LI (Light Industrial) District,

located in the 4000 Block of E. Hwy 80.

Mr. Robert K. Bein, 40 Kings Court, offered his assistance if the

Council had any questions about the rezoning.

There being .no one else present and desiring to be heard, Mayor Hall

closed the public hearing.

Councilman Hilton moved passage of the ordinance reclassifying

AO (Agricultural Open Space) to LI (Light Industrial) District, located

in the 4000 Block of E. Hwy 80. Councilman Rodriguez seconded the

motion. The motion carried as follows:

AYES: Councilmen Bridges, Rodriguez, Fogle, Hilton, Councilwoman

Webster, and Mayor Hall.

ZONING-RE:

NAYS: None.

AO TO LI

4000 BLK OF

AN ORDINANCE AMENDING CHAPTER 32, ZONING, OF THE ABILENE

E. HWY 80

MUNICIPAL CODE, BY CHANGING THE ZONING DISTRICT BOUNDARIES

FINAL RD.

AFFECTING CERTAIN PROPERTIES, AS DESCRIBED BELOW; DECLARING

A PENALTY, AND CALLING A PUBLIC HEARING.

Mr. Collier presented an ordinance calling for a reclassification

from RS-6 (Residential Single Family) to PH (Patio Home Overlay) District,

located in the 2100 Block of Grand Avenue. The request came from Thomas

E. Nolan. The Planning & Zoning Commission recommended that the front

be at least 20 feet to maintain continuity with the existing homes and

the sides be sufficient to maintain at least 10 feet between the proposed

homes and the already existing homes. The proponent agreed to the

requirements and the Planning & Zoning Commission approved the request

in that light. The staff also recommended approval of the request.

Mayor Hall opened public hearing on the reclassification from RS-6

(Residential Single Family) to PH (Patio Home Overlay) District, located

in the 2100 Block of Grand Avenue.

Thomas E. Nolan, proponent, offered his assistance if the Council

had any questions about the rezoning.

There being no one present and desiring to be heard, Mayor Hall

closed the public hearing.

C

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Councilman Hilton moved passage of the ordinance reclassifying

RS-6 (Residential Single Family) to PH (Patio Home Overlay) District,

located in the 2100 Block of Grand Avenue subject to compliance with

the setback requirement of a minimum of 20 feet. Councilwoman

Webster seconded the motion. The motion carried as follows:

AYES: Councilmen Bridges, Rodriguez, Fogle, Hilton, Councilwoman

Webster and Mayor Hall.

NAYS: None.

AN ORDINANCE AMENDING CHAPTER 32, 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.

ZONING-RE:

RS-6 TO PH

2100 BLOCK

OF GRAND AV

FINAL RD.

Mr. Collier presented an ordinance calling for a reclassification

from AO (Agricultural Open Space) to SC, 0, RM-2, RM-3, RS-8 & CU

(Shopping Center, Office, Residential Multi Family, Residential Single

Family, and College-University) Districts, located at EN 10th &

Judge Ely Boulevard. The request was made by Abilene Christian

University. He said that the proposed zone changes were in the Rainy

Creek Study which has not yet been approved by the Council. He asked

if the Council wanted to consider approving the Rainy Creek Study before

approving or disapproving the zone changes. He said that the Rainy Creek

Study had been put on the table by the Council earlier.

Councilman Rodriguez moved to take the Rainy Creek Study from the

table. Councilman Fogle seconded the motion. The motion carried as

follows:

AYES: Councilmen Bridges, Rodriguez, Fogle, Hilton, and Mayor Hall.

(Councilwoman Webster left the meeting.)

NAYS: None.

Mr. Lee Roy George explained to the Council that earlier, when the

Rainy Creek Study was placed on the table, Abilene Christian University

was looking into purchasing the large tract of land being considered.

The University did purchase the land and he said that the request for

rezoning does comply with the general concept of the Rainy Creek Land

Study.

Councilwoman Webster returned to. the meeting.

Councilman Fogle moved passage of the

Bridges seconded the motion. The motion c

AYES: Councilmen Bridges, Rodriguez,

Webster, and Mayor Hall.

NAYS: None.

Rainy Creek Study. Councilman

srried as follows:

PLANNING -

Fogle, Hilton, Councilwoman RAINY CREEK

LAND USE

PLAN

APPROVED

Mr. Collier explained that out of the 211 acres requested to be

rezoned, 18.42 acres to be used as Shopping Center, 7.05 acres as

Office, 18.81 acres as RM 2, 5.14 as RM-3, 75.96 as RS-8, 85.76 acres

as College-University zoning. The request is in conformance with the

general concept of the Rainy Creek Study. The Planning & Zoning

Commission and the staff both recommended approval of the request.

Mayor Hall opened public hearing on the ordinance reclassifying

from AO (Agricultural Open Space) to SC, 0, RM-2, RM-3, RS-8 & CU

(Shopping Center, Office, Residential Multi-Family, Residential Single

Family & College-University) Districts, located at EN 10th & Judge Ely

Boulevard.

Mr. Terry Franklin, Lee Moore Company, explained that Lee Moore

Company has been contracted to purchase a tract of land included in the

250 acres purchased by Abilene Christian University. He said that

they are asking for zoning on about 128 acres and approximately 85 acres

was attached to the request by Abilene Christian University. He went on

to explain the various uses of each proposed zone.

There being no one else present and desiring to be heard, Mayor Hall

closed the public hearing.

Councilman Rodriguez commended Lee Moore Company for developing in

the north part of Abilene. He said he thought there were other areas

that needed to be developed on the north side of town.

189

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Councilman Rodriguez moved passage of the ordinance reclassifying

from AO (Agricultural Open Space) to SC, 0, RN-2, RM-3, RS-8, & CU

(Shopping Center, Office, Residential Multi-Family, Residential Single

Family & College University) Districts, located at

EN

10th & Judge Ely

Boulevard. Councilman Bridges seconded the motion. The motion

carried as follows:

AYES: Councilmen Bridges, Rodriguez, Fogle, Councilwoman

Webster and Mayor Hall.

NAYS: None.

ZONING-RE

ABSTAINED: Councilman Hilton.

AO

SC, 0,

RM-2, RM-3,

AN ORDINANCE AMENDING CHAPTER 32, ZONING, OF THE

AB

ILE

NE

RS

-8 &

CU

MUNICIPAL CODE, BY CHANGING THE ZONING DISTRICT BOUNDARIES

EN 10TH &

AFFECTING CERTAIN PROPERTIES, AS DESCRIBED BELOW: DECLARING

JUDGE ELY

A PENALTY, AND CALLING A PUBLIC HEARING.

FINAL RD.

Mr. Wayne Kurfees, Director of Traffic and Transportation,

presented an ordinance prohibiting parking on East South 11th

Street from Treadaway to Judge Ely Boulevard. He said that ES 11th

is 64 feet wide and has always in the past been marked for four lanes

of traffic with room for on street parking. He said that in recent

years, very little on street parking has taken place. He said that

most of the accidents that have happened along this roadway have been

left-turn related either turning on to Oldham Lane or T & P Lane.

He said that the Highway Department is planning to overlay the street

soon and they want to provide a two-way left-turn lane. That will

eliminate the on street parking areas.

Mayor Hall opened public hearing on the ordinance prohibiting

parking on ES 11th Street from Treadaway to Judge Ely Boulevard.

There being no one present and desiring to be heard, Mayor Hall closed

the public hearing.

Councilwoman Webster moved passage of the ordinance prohibiting

parking on ES 11th from Treadaway to Judge Ely Boulevard.

Councilman

Bridges seconded the motion. The motion carried as follows:

AYES: Councilmen Bridges, Rodriguez, Fogle, Hilton, Councilwoman TRAFFIC:

Webster and Mayor Hall.

PROHIBIT

NAYS: None.

PARKING ON

ES 11TH BTN

AN ORDINANCE AMENDING CHAPTER 17, MOTOR VEHICLES AND TRAFFIC,

TREADAWAY &

BY AMENDING CERTAIN SECTIONS AS SET OUT BELOW: PROVIDING A

JUDGE ELY

SEVERABILITY CLAUSE; AND DECLARING A PENALTY.

FINAL RD.

Mr. Curtis Hawk presented a resolution for the renewal of the Day Care

for the Elderly lease at the S. 7th Fire Station. He said that last

November, the City leased the S. 7th Fire Station to the Day Care Center

for the Elderly. At that time, the City understood that the lease would

be temporary until such time the Center could find another location for

their Center. The Center wanted to do some renovations to the fire

station and since the renovations were not completed until March 15, they

have asked for an extension of the lease for another six months.

Mr. Henry McGinty, member of the Board of the Day Care for the Elderly,

explained that the fire station has enabled them to carry out their

program. He thanked the Council for enabling them to use the fire station

and requested that they be allowed to use the facility as long as they need

it.

Councilman Fogle asked if their group was looking for another facility.

Mr. McGinty said that they were just now getting over the task of raising

the money for the renovation. He said that they have not had the chance

to raise the money for another location. He was asked if the Center could

provide the Council with a report of the progress of finding a new location

after the first 90 days of the extension and a report 30 days before the

end of the lease. Mr. McGinty agreed to provide the reports.

Councilman Bridges moved adoption of the oral resolution extending the

lease with Day Care for the Elderly for the S. 7th Fire Station with the

understanding that they will provide the Council with a report of the

progress of finding a new location after the first 90 days of the extension

and a report 30 days before the end of the lease which is for six months.

Councilman Hilton seconded the motion. The motion carried as follows:

AYES: Councilmen Bridges, Rodriguez, Fogle, Hilton, Councilwoman

Webster and Mayor Hall.

NAYS: None.

-.

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Mr. Lee Roy George presented a resolution concerning the utilization

of community development funding for street paving on Vogel Street

adjacent to the proposed public housing sites that were recently

approved and forwarded to HUD for their consideration. He said the

resolution is asking the Council to authorize the expenditure of

community development funds for paving one-half of the streets

around and adjacent to the public housing sites on Vogel Street.

Mr. Bob Deegan, Chairman of the Public Housing Authority, said

that their commitment will end in June and if they do not get the

resolution, then they would not satisfy HUD and the whole project

would be withdrawn.

Councilman Rodriguez moved adoption of the resolution concerning

the utilization of community development funds for street paving on

Vogel Street adjacent to the proposed public housing sites. Councilman

Bridges seconded the motion. The motion carried as follows:

AYES: Councilmen Bridges, Rodriguez, Fogle, Hilton, Councilwoman

Webster and Mayor Hall.

NAYS: None.

A RESOLUTION OF THE CITY OF ABILENE, TEXAS, APPROVING COMMITMENT

OF THE CITY FOR PAYMENT OF A SHARE OF THE PAVING COSTS FOR

STREET PAVING OF A PORTION OF VOGEL STREET.

STREET/

HOUSING -

PAVING OF

VOGEL ST

ADJACENT TC

PUBLIC HOUE

INC SITES

Mr. Roy McDaniel, Director of Finance, explained that the current

contract with Blue Cross-Blue Shield Insurance expires the end of

May. He said that for the second year in a row, the City's claims have

outstripped the premiums. Blue Cross-Blue Shield is asking for an

increase of 27 percent and has told the City that they would no longer

offer the same type of benefit package that they had offered in the past,

which was a high/low option package. He said that they proposed a mid

plan which is a compromise between the old high/low. He said that the

City asked Texas Municipal League for a quote on the same type of plan

and they were approximately $180,000 higher than Blue Cross-Blue Shield

for the same kind of plan. He said that the proposed Blue Cross-Blue Shield

plan provides a $200 per year deductible for both hospital and all other

medical expenses. That would be limited to two per family instead of three

andwould be limited to a total of $400 per year in total deductions.

He said that it was a substantial improvement over the old low plan but was

not quite as good as the old high plan. He went on to point out the various

rates for Employee, Employee/Spouse, etc. He said that these rates are

guaranteed until October 1, 1983. He said that the City would be taking

most of the burden of the extra cost instead of the employees. He said

that they also intend to provide the $5,000 life insurance policy and it

would be a cost of $2.50 for each employee. He recommended adoption of

the benefit package and that the City continue to pay the employee only

cost plus life insurance and that the City enters into the agreement

for a period until October 1, 1983 and that in the meantime, the City

pursues another concept offered by Transamerica Occidental. He said the Blue

Cross

„ plan subjects the City to no retroactive claim for any additional

premiums in the future, past or present.

Mayor Hall moved adoption of the oral resolution adopting the p 'oposed

Blue Gross-Blue Shield Insurance Plan and life insurance. Councilwoman

Webster seconded the motion. The motion carried as follows:

INSURANCE -

AYES: Councilmen Bridges, Rodriguez, Fogle, Hilton, Councilwoman BLUE CROSS/

Webster and Mayor Hall.

BLUE SHIELI

NAYS: None.

MID PLAN

APPROVED

The following are the rates of the proposed Blue Cross-Blue Shield

Insurance Plan.

City pays Employee Only Cost:

Total

Life

City

Life

Employee

Employee Only

47.63

+ 2.50

47.63 +

2.50

- 0 -

Employee/Child

74.21

+ 2.50

47.63 +

2.50

26.58

Employee/Spouse

108.17

+ 2.50

47.63 +

2.5

060.54

Employee/Family

124.88

+ 2.50

47.63 +

2.5

077.25

Total

Annual City Cost .

..

.$663,581 + Life Ins.

191

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Mayor Hall explained to the Council that there was still a vacancy

on the Civic Abilene, Inc., Board. He said that Mrs. Louis Gee would

like to serve another term on the Board.

Councilman Fogle moved that Mrs. Louis Gee be reappointed to the

Civic Abilene, Inc., Board for a term expiring May, 1985.

Councilman

Hilton seconded the motion. The motion carried as follows:

AYES: Councilmen Bridges, Rodriguez, Fogle, Hilton, Councilwoman

Webster and Mayor Hall.

NAYS: None.

BOARD APPT.

CIVIC

ABILENE, IN

The Council went into executive session to consider pending and

contemplated litigation.

The Council returned from the executive session with no action

taken on pending and contemplated litigation. Mayor Hall adjourned

the meeting at 2:00 p.m.

A silt nt City Secretary

Mayor

192