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n. Consider on first reading - ordinance amending Section 32-9.2 of thezoning ordinance to allow sales of home audio and video equipment in LCdistricts and set a public hearing for September 22, 1983, at 9:00 a.m.

o. Consider on first reading - a thoroughfare abandonment, being a 20' x115' north-south alley, l ocated on Robertson Drive and set a publichearing for September 22, 1983, at 9:00 a.m.

p. Consider on first reading -- a thoroughfare abandonment, being a 20' x1 70' alley, College Heights Addition, save and except a utilityeasement the entire l ength and width of the alley and set a publichearing for September 22, 1983, at 9:00 a.m.

q. Consider on second and final reading - Ordinance amending Chapter 18"Motor Vehicles and Traffic" of the Abilene Municipal Code concerningalley beteen No. 1st Street, No. 2nd Street, Grape Street and MerchantStreet.

r. Consider on second and final reading - Ordinance amending Chapter 27,"Refuse", of the Abilene Municipal Code.

5. ResolutionsX/ /t„ a. Consider granting easements to West Texas Utilities

b. Consider easement release, Martin Subdivision.

c. Consider easement release being a 20' utility easement, l ocated betweenBuffalo Gap Road and Ridgemont Drive.

d. Consider easement release being a 10' utility easement, l ocated onPatty Lynne.

6. Award of Bid

a. Overhead street name markers, Traffic & Transportation Department.

b. Sewer pipe, Sewage Collection Division.

7. Change Ordera. Change Order #4 and final payment for transit maintenance facility.

8. Request to Advertise

a. 20" Concrete steel cylinder pipe, Water Department.

b. Excavator backhoe, Water Department.

REGULAR AGENDA

9. Award of Bid

a. Parking meters, Traffic & Transportation Department.

10. Ordinances and Resolutionsa. Public Hearing - consider on second and final reading - Ordinance

: „ approving amended 1982-83 Budget and Proposed 1983-81t Budget, includingRevenue Sharing

b. Public Hearing - consider on second and final reading - Ordinancesetting tax rate for FY 1983-84.

c. Public Hearing - consider on second and final reading - Ordinance

amending Chapter 32, "Utilities", Article I I I , industrial wastes, of10 the Abilene Municipal Code.

d. Public Hearing - consider on second and final reading - Amendment toStormwater Management Ordinance relative to Stream Maintenance for

Mesquite Forest Estates.e. Public Hearing - consider on second and final reading - Ordinance

^pp2 Iq ^ ' :' amending subdivision regulations./1 f. Resolution - consider establishing a street naming policy.

g. Resolution - consider establishing a utility placement policy.

11. Public Appearancesa. Floyd McDonald - concerning rent deposit on house and the 30 day

requirement to hold deposit money; also, weed complaint.

12. Other Business

a. Discussion of energy technical assistance studies.

b. Appointment and evaluation of public officials.

c. Pending and Contemplated Litigation.

ADJOURN

POLICE - Ord.amend. "Offenseregardingburglar alarmsmotion to canceOrdinanceFAILED

POLICE - Ord.amend. "Offenseregardingburglar alarms1st readapproved

REGULAR CITY COUNCIL MEETINGTHURSDAY, SEPTEMBER 8, 1983 - 9:00 A.M.

THE CITY COUNCIL OF THE CITY OF ABILENE,TEXAS, CITY COUNCIL CHAMBERS

The City Council of the City of Abilene, Texas, met in RegularSession, Thursday, September 8, 1983, at 9:00 a.m. in the City CouncilChambers of City Hall. Mayor Elbert E. Hall was present and pre-siding with Councilman Julian Bridges, Councilwoman Billye Proctor-Shaw, Councilmen Carlos Rodriguez, A. E. Fogle, Jr., Welton Robinson,and Harold Nixon. Also present were City Manager Ed Seegmiller, FirstAssistant City Attorney Gary Landers, and City Secretary, PatriciaPatton.

Councilman Julian Bridges gave the invocation.

Councilman Fogle moved to approve the minutes of Regular CityCouncil Meeting held August 24, 1983. The motion was seconded byCarlos Rodriguez and the motion carried as follows:

AYES: Councilman Bridges, Councilwoman Proctor-Shaw, CouncilmenRodriguez, Fogle, Robinson, Nixon and Mayor Hall.

NAYS: None.

Mayor Hall removed from the agenda items 4c, 4e, and 4g,all being reclassification requests; 4m, being a street name changefrom Wall Street to General Dynamics Way; and 4n, being an ordinanceamendment to Section 32-9.2 of the zoning ordinance. The aforementioneditems were removed from the agenda due to a denial from the Planningand Zoning Commission and not appealed at the present time.

The following items 4a, 4d, 4r and 8b were removed from theconsent agenda to be considered separately.

4. Ordinancea. Consider on first reading - ordinance amending Chapter 20,

''Offenses", of the Abilene Municipal Code, concerningburglar alarms.

Warren Dodson, Police Chief, briefed the Council on the newordinance stating that a random survey of other cities using asimilar ordinance was conducted. Also input was received from

l ocal alarm company operators and the resulting ordinance proposesa permit fee of $10.00 and specified service charges after anumber of false alarms have been responded by police, and other

details. It is felt the ordinance is reasonable, fair and shouldreduce the number of false alarms requiring responce from policepersonnel. The ordinance governs the use of all burglar alarmsystems, residential and businesss. Discussion among Police Chief

Warren Dodson and Council Members followed.

Councilman Robinson moved to cancel the ordinance amending Chapter20, "Offenses", of the Abilene Municipal Code, concerning burglaralarms. The motion was seconded by Councilman Nixon and the motion

FAILED as follows:AYES: Councilmen Robinson and Nixon.NAYS: Councilman Bridges, Councilwoman Proctor-Shaw, Councilmen

Rodriguez, Fogle and Mayor Hall.

Councilwoman Proctor-Shaw moved to approve the ordinance amend-ing Chapter 20, "Offenses", of the Abilene Municipal Code, concerningburglar alarms. The motion was seconded by Councilman Rodriguez and

the motion carried as follows:AYES: Councilman Bridges, Councilwoman Proctor-Shaw, Councilmen

Rodriguez, Fogle and Mayor Hall.NAYS: Councilmen Robinson and Nixon.

AN ORDINANCE AMENDING CHAPTER 20, "OFFENSES" BY AMENDING CERTAINSECTIONS AS SET OUT BELOW; PROVIDING A SEVERABILITY CLAUSE; AND

DECLARING A PENALTY.

8. Request to Advertise REQ TO ADVERT -b. Excavator backhoe for the Water Department. backhoe/Water Dept

approvedCouncilman Nixon questioned Bernard Huett, Purchasing Agent, as

to the type of bid the City would request in its advertisement.The response was either out-right purchase or lease. CouncilmanNixon moved to approve the request to advertise for a excavatorbackhoe for the Water Department. The motion was seconded by Council-man Rodriguez and the motion carried as follows:


NAYS: None.

4. Ordinancer. Consider on second and final reading - Ordinance amending

Chapter 27, "Refuse", of the Abilene Municipal Code.

Bob Whitehead, Director of Public Works, briefed the Councilthat the item was passed on first reading on August 25, 1983. Theproposed ordinance would increase the collection and disposal ofthe stationary compactor rates by approximately thirty-eight (38%)percent. It was determined advisable to increase these ratesafter an analysis of the three areas of refuse collection showedthat the stationary compactor rates were not at a break-evenstatus, where both the metal commercial container service and theresidential collection service are presently at a break-even status.

After some discussion, Councilman Bridges moved to approve REFUSE - amendon second and final reading the ordinance amending Chapter 27, code, increase

'' Refuse", of the Abilene Municipal Code. The motion was seconded rates, final read.

by Councilman Nixon and the motion carried as follows: approvedAYES: Councilman Bridges, Councilwoman Proctor-Shaw, Councilmen 96-1983

Rodriguez, Fogle, Robinson and Nixon.NAYS: Mayor Hall.

The ordinance is numbered 96-1983 and is captioned as follows:

AN ORDINANCE AMENDING CHAPTER 27, ''REFUSE", BY AMENDING CERTAINSECTIONS AS SET OUT BELOW; PROVIDING A SEVERABILITY CLAUSE;AND DECLARING A PENALTY.

4. Ordinanced. Consider on first reading - reclassification request from

AO to RS-6 District, located on Jennings Drive and set apublic hearing for September 22, 1983, at 9:00 a.m.

Ron Hansen, Assistant Zoning Administrator, briefed the Councilon the item and explained that the site was recently annexed intothe City limits and the staff would recommend, if approved, theordinance effective date coincide with the annexation date, beingDecember 31, 1983. Mayor Hall questioned whether Dyess Air ForceBase officials had been contacted, since they had expressed someconcern over the item in the past. Mr. Don Powers, 22 Surrey Square,representing the proponent Gordon Asbury, responded that he had beenunsuccessful in contacting personnel from Dyess AFB. Mayor Hall offeredassistance in trying to contact someone from Dyess AFB prior to thenext regular Council meeting.

Mayor Hall moved approval of the reclassification request from ZONING RE -

AO (Agricultural Open Space) to RS-6 (Residential Single Family) AO to RS-6,

District, located on Jennings Drive and set a public hearing for Jennings Dr.

September 22, 1983, at 9:00 a.m. The motion was seconded by Council- 1st read.

man Nixon and the motion carried as follows: approved


NAYS: None.

AN ORDINANCE AMENDING CHAPTER 23, "PLANNING AND COMMUNITYDEVELOPMENT 1r SUBPART E, "ZONING" OF THE ABILENE MUNICIPAL

CODE, BY CHANGING THE ZONING DISTRICT BOUNDARIES AFFECTINGCERTAIN PROPERTIES, AS DESCRIBED BELOW; DECLARING A PENALTY,AND CALLING A PUBLIC HEARING.

Councilman Bridges moved approval of the consent agenda items4b, 4f, 4h, 4i, 4j, 4k, 41, 4o, 4p, 4q, 5a through 5d, 6a, 6b, 7a,and 8a. The motion was seconded by Councilman Rodriguez and themotion carried as follows:


NAYS: None.

Each of items 4b, 4f, 4h, 4i, 4j, 4k, and 41 contain the followingcaption and are listed individually as follows:

AN ORDINANCE AMENDING CHAPTER. 23, "PLANNING AND COMMUNITYDEVELOPMENT'', SUBPART E, "ZONING", OF THE ABILENE MUNICIPALCODE, BY CHANGING THE ZONING DISTRICT BOUNDARIES AFFECTINGCERTAIN PROPERTIES, AS DESCRIBED BELOW; DECLARING A PENALTY,AND CALLING A PUBLIC HEARING.

4.. Ordinanceb. Consider on first reading - reclassification request from

RM-2 to 0 District, located in the 4900 Block Buffalo GapRoad and set a public hearing for September 22, 1983.

f. Consider on first reading - reclassification request fromRM-3 & GC to GC District, located at S. 14th Street andBowie Drive and set a public hearing for September 22, 1983.

h. Consider on first reading -- reclassification request fromAO to LI District, located on Highway 351 East and set apublic hearing for September 22, 1983.

i. Consider on first reading - reclassification request fromRS-6 to 0 District, located at 2217 S. 25th Street andset a public hearing for September 22, 1983.

j. Consider on first reading - reclassification request fromAO to GC & MH District, located at F.M. 2404 and Highway83-277 and set a public hearing for September 22, 1983.

k. Consider on first reading - reclassification request fromAO to MH District, located on Military Drive and set a publichearing for September 22, 1983.

1. Consider on first reading - reclassification request fromAO to CC District, located on Curry Lane and set a publichearing for September 22, 1983.

o. Consider on first reading - thoroughfare abandonment, beinga 20' x 115' north-south alley, located on Robertson Drive andset a public hearing for September 22, 1983.

AN ORDINANCE PROVIDING FOR THE ABANDONMENT OF A PORTION OFPUBLIC RIGHT OF WAY; PROVIDING FOR THE TERMS AND CONDITIONSOF SUCH ABANDONMENT, AND CALLING A PUBLIC HEARING.

p. Consider on first reading - thoroughfare abandonment, beinga 20' x 170' alley, College Heights Addition, save andexcept a utility easement the entire length and width ofthe alley and set a public hearing for September 22, 1983.

AN ORDINANCE PROVIDING FOR THE ABANDONMENT OF A PORTION OFPUBLIC RIGHT OF WAY; PROVIDING FOR THE TERMS AND CONDITIONS

OF SUCH ABANDONMENT, AND CALLING A PUBLIC HEARING.

ZONING RE -RM-2 to 04900 Buff. Gap.Rc1st read. appr.ZONING RE -RM-3 & GC to GCS. 14 & Bowie Dr.1st read. appr.ZONING RE -AO to LI/Hwy 351East, 1st readappr.ZONING RE -RS-6 to 02217 S. 25th1st read. appr.ZONING RE -AO to GC & MHFM 2404 & Hwy 83-277, 1st appr.ZONING RE -AO to MHMilitary Dr.1st read. appr.ZONING RE -AO to GCCurry Lane1st read. appr.THOR ABAND -Robertson Dr.1st read. appr.

THOR ABAND -College lights Ads1st read. appr.

q. Consider on second and final reading - Ordinance amending TRAFFIC -Chapter 18 "Motor Vehicles and Traffic" of the Abilene code amend.Municipal Code concerning alley between No. 1st Street, final read.No. 2nd Street, Grape Street and Merchant Street. approved

97-1983The Ordinance is numbered 97-1983 and is captioned as follows:

AN ORDINANCE AMENDING CHAPTER 18, "MOTOR VEHICLES AND TRAFFIC"

OF THE ABILENE MUNICIPAL CODE, BY AMENDING CERTAIN SECTIONSAS SET OUT BELOW; PROVIDING A SEVERABILITY CLAUSE; AND

DECLARING A PENALTY.

5. Resolutionsa. Consider granting easements to West Texas Utilities.

EASEMENT REL -

WTU approvedThe resolution is numbered 81-1983 and is captioned as follows: 81-1983

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

TEXAS, APPROVING AND AUTHORIZING THE MAYOR TO EXECUTEUTILITY EASEMENTS.

b. Consider easement release, Martin Subdivision. EASEMENT REL -

Martin Subd.

The resolution is numbered 82-1983 and is captioned as follows: approved

82-1983A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ABILENE,TEXAS, AUTHORIZING THE MAYOR TO EXECUTE THE ATTACHEDEASEMENT RELEASE.

c. Consider easement release being a 20' utility easement, located EASEMENT REL -between Buffalo Gap Road and Ridgemont Drive. Buff. Gap Rd.

and Ridge. Dr.The resolution is numbered 83-1983 and is captioned as follows: approved

83-1983A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ABILENE,TEXAS, AUTHORIZING THE MAYOR TO EXECUTE THE ATTACHED EASEMENTRELEASE.

d. Consider easement release being a 10' utility easement, located EASEMENT REL -

on Patty Lynne. Patty Lynneapproved

The resolution is numbered 8^4-1983 and is captioned as follows: 84-1983

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ABILENE,TEXAS, AUTHORIZING THE MAYOR TO EXECUTE THE ATTACHEDEASEMENT RELEASE.

6. Award of Bid AWARD OF BIDS -

a. Overhead street name markers, Traffic & Transportation Depart- Overhead st.

ment. name markers;

b. Sewer pipe, Sewage Collection Division. sewer pipeapproved

7. Change Order - GE'ICHAANGE ORDER -a. Change Order # 4+ and final payment for transit maintenance

#4 & finalfacility. transit facility

approved8. Request to Advertise REQ.

•n -

a. 20" Concrete steel cylinder pipe, Water Department. 20 cylinder

The Council then proceeded with the regular agenda items,pipe

first being the award of bid for parking meters for the Trafficand Transportation Department. Wayne Kurfees briefed the Council.

It was explained that the Department has encountered frustra-

tions in the past method of enforcement for downtown parking, butthat some form of controlled parking should be utilized. There,

fore, the staff was authorized to take bids on parking meters.

A survey of the various parking areas for the downtown area,including free and time-limited parking, was conducted in Abilene andother cities. The survey also included generated revenue and costsfor maintenance and enforcement. The brands of meters availableproved the Duncan and POM meters superior with the staff perferringDuncan to POM, due to the superior service record. Staff recommendsa minimum purchase plan which consists of approximately 653 meters(three-quarters being duplex and one-quarter being single) at anestimated purchase cost of $108,000. Estimated enforcement costs,due to less police personnel, would be realized along with reducedcollection and maintenance costs for the first three-year warrantyperiod, then revenue should offset any maintenance and collectioncosts after that period. The preliminary revenue estimate forone year is approximately $141,000. If other methods for purchasingwere desired, the staff could prepare the time payment plan figures.

The question arose regarding costs related to ticket collectionin Municipal Court; specifically those parking tickets that havebecome burdensome in the Municipal Court due to the low revenuegenerated and the man-power it would take to collect the tickets.Discussion on the possibility of raising the fine for first and secondviolations, delinquent violations, and specific costs involved incollection of parking tickets followed. Approximately sixty percentof parking tickets are issued in the downtown area with the remainingforty percent issued near and around the high schools and other areas.

The record reflects that a petition was received on September 7,1983, from various business residents of the downtown area in favorof reinstalling parking meters to control the time-limited on-streetparking for the downtown area. A copy of said petition was dis-seminated to each member of the Council.

Frank Fite, downtown businessman,was present and responded tosome of the Council's questions and spoke in favor of reinstatingthe parking meters.

It was concluded that if the Council chose to postpone thepurchasing of parking meters, some decision should be reachedprior to fiscal year end and adoption of the FY 1983-84budget, since the funding of the meter maid program (parkingcontrol for downtown) was eliminated from the proposed budget.Each member of the Council expressed their feelings on the re-instatement of the parking meters and concern on several items feltto need additional study and consideration prior to any decision.

Since the bids received on the parking meters will remain ineffect for sixty (60) days, Councilman Bridges moved to table any de-cision.on the purchase of the parking meters; and extend thefunding of the present parking control system for up to sixty(60) days; and that prior to that time the staff bring back a morecost effective method with some research on the new and proposedsystem. Councilman Nixon added an amendment to the motion beingthat he would like to hear the feelings from the merchants inthe downtown area. Amendment accepted, the motion was seconded byCouncilman Nixon and the motion carried as follows:

AYES: Councilman Bridges, Councilwoman Proctor-Shaw, Councilmen=Rodriguez, Fogle, Robinson and Nixon.

NAYS: Mayor Hall.

The next item of business was to consider on second and finalreading an ordinance approving amended 1982-83 Budget and Proposed1983-84 Budget, including Revenue Sharing and Director of FinanceDavid M. Wright began with a briefing. At the conclusion of theBudget Work Sessions in August, the Council instructed the staffto recalculate revenues to possibly decrease the $50,000 deficitin the proposed 1983-84 budget. The staff has followed through andcan report an increase in the original projections for revenues infour areas: interest earnings, permits and licenses, golf cartrevenue, and airport landing fees for a total increase in projections

TRAFFIC -purchase ofparking meterspostponed;approp. funds inFY 84 budgetfor park. controlfor 2 months.tabled.

of $64,700. Thereby leaving the proposed 1983-84 budget with anundesignated balance of $14,700 instead of a $50,000 deficit. How-ever, due to the previous motion to extend the parking controlfor downtown for sixty days, at a cost of $9,200, the undesignatedbalance would be $5,500. The staff reported that the remainder ofthe proposed 1983-84 budget has been revised to reflect the Council'sactions of the August Budget Work Sessions, leaving the proposed1 983-84 budget with a total of $42,715,845 all fund expendituresand $57,579,186 available resources for all funds.

Mayor Hall opened a public hearing. Mr. Seaton Higginbotham,Rt. 1, Box 245, Abilene, representing Crime Stoppers, spoke on theproposed 1983-84 budget. He spoke on the increase in crime and

igave several statistics on the increase from 1980 to current. He'made five specific points all relating to the police department andin favor of increasing its operating budget and supporting the one-to-one car plan.

Dr. Manis, representing the Abilene Civic Center Advisory Board,spoke to the Council regarding the use of the Civic Center Reservefunds. He requested the Council reconsider its previous decision ofthe Budget Work Sessions to use the reserve for general operationsand re-establish the maintenance and repair reserve fund as receivedfrom the Hotel-Motel Tax revenue.

Mr. Charles Nolen, 2100 Glenwood, Abilene, spoke in regardsto the landfill equipment and whether that equipment would beshown as a recognized revenue in the 1983-84 budget; and if not,would the equipment be transferred to another user department.Assistant City Manager Roy McDaniel responded to the questionsexplaining that some of the equipment would be transferred ifappropriate and if any of it is surplus, it will be sold and thefunds will be recognized in the Equipment Services Fund.

There being no one else present and desiring to beheard, Mayor Hall closed the public hearing. A discussion amongCouncil Members followed and each expressed their feelings on theproposed 1 983-84 budget.

Councilman Nixon moved to approve the revised 1982-83 budget

as presented and approve the proposed 1983-84 budget including the

funding of the parking control system for an additional two monthsand including the revenue sharing budget. The motion was secondedby Councilman Robinson and the motion carried as follows:

AYES: Councilmen Bridges, Rodriguez, Robinson, and Nixon.

NAYS: Councilwoman Proctor-Shaw, Councilman Fogle and Mayor Hall.

The ordinance is numbered 98-1983 and is captioned as follows.

AN ORDINANCE APPROVING REVISED BUDGET FIGURES FOR FISCAL YEAR

1 982-1983; APPROVING AND ADOPTING BUDGET FOR THE FISCAL YEAROCTOBER 1, 1983, THROUGH SEPTEMBER 30, 1984, FOR THE CITY OF

ABILENE; APPROPRIATING FUNDS; AND CALLING A PUBLIC HEARING.

Mayor Hall opened a public hearing to consider on second and

,final reading an ordinance setting the tax rate for fiscal year1983-84. No one present and desiring to be heard, Mayor Hall closedthe public hearing.

BUDGET -

Revised 82-83

and FY 83-84approved

98-1983

tting the TAX - FY 83-84by tax rate set

. 48^Councilmen approved

99-1983

Councilman Robinson moved to approve the ordinance setax rate for fiscal year 1983-84. The motion was seconded

Councilman Rodriguez and the motion carried as follows:AYES: Councilman Bridges, Councilwoman Proctor-Shaw,

Rodriguez, Fogle, Robinson, Nixon and Mayor Hall.NAYS: None.


AN ORDINANCE OF THE CITY OF ABILENE, TEXAS, APPROVING THE ASSESS-MENT ROLL FOR 1983, LEVYING AN ADVALOREM TAX FOR THE CITY OFABILENE, TEXAS, FOR THE YEAR 1983; PROVIDING FOR THE ASSESS-MENT AND COLLECTION THEREOF; REPEALING ALL ORDINANCES AND PARTSOF ORDINANCES IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE.

Mayor Hall left the meeting.

Dwayne Hargesheimer, Director of Water Utilities, briefed theCouncil on an ordinance amending Chapter 32, "Utilities TM , ArticleIII, industrial wastes, of the Abilene Municipal Code. The amend-ments are minor and simply are cleaning up some of the languagein order to submit it to the Environmental Protection Agency fora rant request for the pretreatmentg q p program. All industriesaffected by the ordinance have been contacted and no objections werereceived. At this time, the Council will act solely on the ordinanceamendment and the pretreatment program will be brought to the Councilat a later date.

Mayor Pro Tempore Fogle opened a public hearing and no one presentand desiring to be heard, closed the public hearing.

Councilman Nixon moved approval of the ordinance amending Chapter32, "Utilities", Article Ill, industrial wastes, of the Abilene MunicipalCode. The motion was seconded by Councilman Rodriguez and the motioncarried as follows:

AYES: Councilman Bridges, Councilwoman Proctor-Shaw, CouncilmenRodriguez, Robinson, Nixon and Mayor Pro Tempore Fogle.

NAYS: None.


AN ORDINANCE AMENDING CHAPTER 32 ''UTILITIES", BY AMENDINGCERTAIN SECTIONS AS SET OUT BELOW, PROVIDING. A SEVERABILITYCLUASE; AND DECLARING A PENALTY: AND CALLING A PUBLIC HEARING.

Bob Whitehead, Director of Public Works, briefed the Councilon an amendment to the Stormwater Management Ordinance relativeto Stream Maintenance for Mesquite Forest Estates. The change isrequired due to regulatory changes in the Federal Emergency ManagementAdministration (hereinafter referred to as FEMA), which is thegoverning federal agency for the floodwater program. The staff isin the process of developing a standard for stream maintenanceprograms in the community, thereby eliminated the need for the Councilto make an amendment each time a subdivision does channelizationreducing their floodway.

Mayor Pro Tempore Fogle opened a public hearing and no onepresent and desiring to be heard, closed the public hearing.

Councilman Bridges moved approval of the amendment to theStormwater Management Ordinance relative to Stream Maintenance forMesquite Forest Estates. The motion was seconded by Councilman

;' Rodriguez and the motion carried as follows:

.......:. . AYES: Councilman Bridges, Councilwoman Proctor-Shaw, CouncilmenRodriguez, Robinson, Nixon and Mayor Pro Tempore Fogle.

NAYS: None.

The ordinance is numbered 1 01-1983 and is captioned as follows.

AN ORDINANCE AMENDING ORDINANCE NO. 34-1983 AMENDING CHAPTER23, "PLANNING. AND COMMUNITY DEVELOPMENT", SUBPART D, "SUBDIVISIONS"AND SUBPART E, "ZONING'', OF THE ABILENE MUNICIPAL CODE, BY AMEND-ING CERTAIN SECTIONS AS SET OUT BELOW; PROVIDING A SEVERABILITYCLAUSE; DECLARING A PENALTY AND CALLING A PUBLIC HEARING.

UTILITIES -code amend.Ind. wastesapproved100--1983

FLOOD -Amend Stormwtr.Mgmt Ord. re:Mesq. For. Est.approved101-1983

Lee Roy George, Director of Planning and Community Development,briefed the Council on the ordinance amending subdivision regulations.The ordinance is a result of many months of study by the TechnicalReview Committee on Strategies for Responsible Growth. When theordinance was first brought to the Council on August 25, 1983, itwas the original intention that the ordinance become effective ten(ten) days after publication. Presently, it is desired that due tothe difficulty in the changeover between our existing ordinance andthe new ordinance, that more time should be allowed, therefore, theordinance reflects an effective date of January 1, 1984.

Councilwoman Proctor-Shaw expressed thanks and appreciation tothe SRG Technical Review Committee for the many months of work andeffort given to these subdivision regulations and the remainder ofCouncil concurred.

Mayor Pro Tempore Fogle opened a public hearing and no one presentand desiring to be heard, closed the public hearing.

Councilwoman Proctor-Shaw moved to approve on second and finalreading the ordinance amending subdivision regulations to becomeeffective January 1, 1984. The motion was seconded by CouncilmanBridges and the motion carried as follows:


NAYS: None.

The ordinance is numbered 102-1983 and is captioned as follows:

AN ORDINANCE OF THE CITY OF ABILENE, TEXAS, AMENDING CHAPTER 23,SUDPART D OF THE CODE OF THE CITY OF ABILENE BY REPEALING SUCHSUBPART AND SUBSTITUTING THEREFORE THE FOLLOWING RULES ANDREGULATIONS RELATING TO THE DIVISION AND DEVELOPMENT OF LAND,APPROVAL OF PLATS, LAND DEDICATIONS AND THE DESIGN OF LANDDEVELOPMENTS TO PROTECT THE PUBLIC HEALTH, SAFETY AND WELFARE,WHICH RULES AND REGULATIONS SHALL BE APPLICABLE TO THE MAXIMUMEXTENT ALLOWED BY LAW BOTH WITHIN THE CORPORATE BOUNDARIES OFTHE CITY OF ABILENE AND WITHIN ITS EXTRATERRITORIAL JURISDICTION.

Lee Roy George, Director of Planning and Community Development,continued his presentation of the subdivision regulations to includetwo new resolutions. The first would establish a street naming policy

and the second establish a utility placement policy. The Councildiscussed that several street names in the City are very similar andthe difficulty that causes to the fire and police personnel in locatinga street during a response. The Council discussed the possibility ofinstructing the staff to change those signs that create confusion, how-ever concluded that if the staff were to change those signs at thepresent time, it would create opposition from some residents. Therefore,Councilman Robinson moved to approve both the resolution establishinga street naming policy and the resolution establishing a utilityplacement policy. The motion was seconded by Councilman Rodriguez andthe motion carried as follows:


NAYS: None.

The resolutions are numbered 85-1983 and 86-1983, respectively,and are captioned as follows:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ABILENE, TEXAS,ESTABLISHING A STREET NAMING POLICY.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ABILENE, TEXAS,ESTABLISHING A UTILITY PLACEMENT POLICY.

ar 7:

ZONING - Ord.amend. revisedsubdivision regs.2nd and finalapproved102-1983

ZONING - Str,naming policy &utility place.policy adopted85-198386-1983

f1.....!

Mr. Floyd McDonald, Nelson Street, President Abilene Action

Committee on Human Rights, appeared before the Council on two

specific items: (1) Concerning a.rent deposit; and (2) weed

complaint. Mr. McDonald expressed to the Council his frustration

with a landlord regarding the holding of his deposit check. First

Assistant City Attorney Gary Landers, explained that those require-

ments are governed by State law and the Council has no jurisdiction.

Also, he specified three areas in the community where the weeds

were out of control and requested that the City Council approve

additional funds to hire personnel for the weed control area using

Revenue Sharing funds. No action was taken by the Council. (See below)

Lee Roy George, Director of Planning and Community Development,

briefed the Council on three (3) proposals submitted in response

to a request for Energy Technical Assistance. The staff requests

the Council authorize permission to negotiate with the firm of

ACR Energy Engineering, Inc., of Austin, and finialize a contractwhich will come back to the Council for approval in regards to the

Texas Energy and Natural Resources Advisory Council grant awarded

to the City in the amount of $23,775.

Mayor Hall returned to the meeting.

Councilman Bridges moved to authorized the staff to begin

negotiations with the firm of ACR Energy Engineering, Inc. The

motion was seconded by Councilwoman Proctor-Shaw and the motion

carried as follows:AYES: Councilman Bridges, Councilwoman Proctor-Shaw, Councilmen

Rodriguez, Fog 1 e,

NAYS: Councilmen Robinson and Nixon.ABSTAIN: Mayor Hall.

Mayor hall recessed the Council into executive session to consider

the appointment and evaluation of public officials and pending and

contemplated litigation.

The Council reconvened with no action taken during the executive

session. There being no further business, the meeting was adjourned

at x+:10 p.m.

PUBLIC APPEAR -

Floyd McDonald

No action taken

ENERGY -

author. neg.

with ACR Engy.

Eng., Inc.

approved

Patricia Patton Elbert E. Hall

City Secretary Mayor

Correction: Even though no formal action was taken by the City Council

relevant to Mr. McDonald's request to approve additionalfunds to hire personnel for the weed control program, the

record will show that the Council did instruct the staff toinvestigate the three specific areas in the community reported

by Mr. McDonald to need attention and take appropriate action

to alleviate the problem.

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