PRE-COUNCIL WORK SESSION, THURSDAY

PRE-COUNCIL WORK SESSION, THURSDAY

February 13, 1997, 8:30 A.M.

CITY COUNCIL OF THE CITY OF ABILENE, TEXAS,

BASEMENT CONFERENCE ROOM, CITY HALL

The City Council of the City of Abilene, Texas, met in a Pre-Council Work Session on February 13, 1997, at 8:30 A.M. in the Basement Conference Room of City Hall. Mayor Gary D. McCaleb was present and presiding with Councilman A. Don Drennan, Councilwoman Carol Martinez, Councilmen Rob Beckham and Ray Ferguson, and Councilwoman Kay Alexander. Also present were City Manager Lanny Lambert, Assistant City Managers Roy L. McDaniel and Mike Morrison, City Attorney Harvey Cargill, Assistant to the City Manager Debra Guerra, City Secretary Jo Moore, and various members of the City staff. Councilman Paul R. Vasquez was absent.

The Council briefly discussed various consent and regular agenda items. City Secretary Jo Moore distributed an updated copy of item 3.1, Resolution ordering City Council election to increase the number of polling locations from 23 to 24. Harvey Cargill, City Attorney, briefed the Council on two variations of item 4.2, Ordinance calling for charter amendment election. Mr. Cargill outlined the variations, stating the first reading of one of the variations was approved at the January 23 meeting. If Council prefers the second variation, first reading of the Ordinance will be approved at this meeting. There being no further discussion, the meeting was recessed until 9:00 a.m. for the regular Council Meeting.

REGULAR CITY COUNCIL MEETING

February 13, 1997, 9:00 A.M.

CITY COUNCIL OF THE CITY OF ABILENE, TEXAS

CITY COUNCIL CHAMBERS OF CITY HALL

Mayor McCaleb convened the City Council of the City of Abilene, Texas, into Regular Session February 13, 1997, at 9:00 a.m. in the City Council Chambers of City Hall.

Invocation was given by Councilman Don Drennan.

Pledge of Allegiance was led by Miranda Barnhill, fifth grader at Johnston Elementary, who was accompanied by her parents, Rob and Cindy Barnhill.

City Secretary Jo Moore assisted Mayor McCaleb in presenting the Employee Service Awards to the following individuals for their years of service:

20 Years
Cleofas Rodriguez
Park Worker Parks

20 Years
Thomas L. Smith
Operations Supervisor
Traffic

Assistant to the City Manager Debra Guerra assisted Mayor McCaleb in presenting the January Employee of the Month Award to John Gallagher, Firefighter.

Mayor McCaleb presented the following proclamations:

February 23-28 as Career and Technology Education Week; and

February 11-17 as National LULAC Week.

There being no corrections, additions, or deletions to the minutes of the Pre-Council Session, Regular City Council Meeting held January 23, 1997, Councilman Drennan moved to approve the minutes as printed. The motion was seconded by Councilwoman Martinez and the motion carried.

AYES: Councilman Drennan, Councilwoman Martinez, Councilmen Beckham and Ferguson, Councilwoman Alexander and Mayor McCaleb.

NAYS: None.

Councilwoman Alexander moved to approve consent agenda item 3.1 and approval of first reading for items 3.2, through 3.5 as recommended by staff. The motion was seconded by Councilman Beckham and the motion carried.

AYES: Councilman Drennan, Councilwoman Martinez, Councilmen Beckham and Ferguson, Councilwoman Alexander, and Mayor McCaleb.

NAYS: None.

Resolutions

3.1
Resolution ordering City Council Election for May 3, 1997 and possible runoff date.

The Resolution is numbered 1-1997 and is captioned as follows:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ABILENE, TEXAS, ORDERING AN ELECTION TO BE HELD IN SAID CITY ON MAY 3, 1997; PROVIDING FOR THE ELECTION OF PERSONS TO SERVE IN PLACE 1 AND 2 ON THE CITY COUNCIL OF THE CITY OF ABILENE; PROVIDING METHOD OF APPLICATION FOR PLACEMENT OF CANDIDATE'S NAME ON BALLOT; PROVIDING A FILING DEADLINE FOR ALL CANDIDATES; DESIGNATING ELECTION PRECINCTS AND POLLING PLACES; PROVIDING FOR BILINGUAL ELECTIONS FOR CITY ELECTIONS; AND PROVIDING FOR A PROCLAMATION NOTICE AND PUBLICATION OF NOTICE OF SAID ELECTIONS.

Ordinances

3.2
Approval of first reading - Ordinance approving 18 month extension of TCI Cable franchise, and set a public hearing for February 27, 1997 at 9:00 a.m.

AN ORDINANCE GRANTING TO TELEVISION CABLE SERVICES, INC., D/B/A TCI CABLEVISION OF ABILENE, THE RIGHT, PRIVILEGE AND FRANCHISE TO CONDUCT WITHIN THE BOUNDARIES OF THE CITY OF ABILENE A CABLE TELEVISION BUSINESS; AND PROVIDING THEREIN FOR SERVICES, EQUIPMENT AND FACILITIES; A TERM; FRANCHISE FEES; CONNECTION TO CERTAIN PUBLIC BUILDINGS; INSURANCE; OTHER DUTIES; AMENDMENT; ACCEPTANCE OF FRANCHISE; RATES; PUBLICATION; AN EFFECTIVE DATE; A SAVINGS CLAUSE; NOTICE TO PARTIES; AND CALLING A PUBLIC HEARING.

3.3
Approval of first reading - TC-00197 - Ordinance for thoroughfare abandonment of a portion of Lytle Way, and set a public hearing for February 27, 1997 at 9:00 a.m.

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

3.4
Approval of first reading - SNC-00797 - Ordinance for street name change of a portion of Forrest Hill Road to Old Forrest Hill Road, and set a public hearing for February 27, 1997 at 9:00 a.m.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ABILENE, TEXAS, CHANGING THE NAME OF FORREST HILL ROAD TO OLD FORREST HILL ROAD.

3.5
Approval of first reading - TC-00997 - Ordinance for thoroughfare abandonment of a portion of S. 21st St., and set a public hearing for February 27, 1997 at 9:00 a.m.

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

REGULAR AGENDA

Ordinances

4.1 Elizabeth Miller, Downtown Manager, briefed the Council on an Ordinance amending Chapter 18, "Motor Vehicles and Traffic", (Downtown Parking Program) of the Abilene Municipal Code. The staff parking committee recommends approval of the Ordinance and the hiring of a clerk to implement the new Downtown Parking Program. The recommended amendments are consistent with the recommendations endorsed by the TIF Board in May of 1996.

Mayor McCaleb opened a public hearing on the request, and there being no one present and desiring to be heard, the public hearing was closed.

Councilwoman Martinez moved to approve the Ordinance amending Chapter 18, "Motor Vehicles and Traffic", (Downtown Parking Program) of the Abilene Municipal Code and the hiring of a clerk to implement the new Downtown Parking Program, as recommended by staff. The motion was seconded by Councilwoman Alexander and the motion carried.

AYES: Councilman Drennan, Councilwoman Martinez, Councilmen Beckham and Ferguson, Councilwoman Alexander, and Mayor McCaleb.

NAYS: None.

The Ordinance is numbered 5-1997 and is captioned as follows:

AN ORDINANCE AMENDING CHAPTER 18, "MOTOR VEHICLES AND TRAFFIC", OF THE ABILENE MUNICIPAL CODE, BY AMENDING CERTAIN SECTIONS AS SET OUT BELOW; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING A PENALTY.

4.2 Harvey Cargill, City Attorney, briefed the Council regarding an Ordinance calling for a Charter Amendment election. First reading of the Charter amendment Ordinance submitted to the Council regarding a change in age requirement to run for City Council from 21 years to 18 years has been approved. Mr. Cargill reviewed additional Charter amendment provisions which have been condensed and reflected in the second Ordinance. Mr. Cargill stated if voters approve the charter amendments, another charter amendment election cannot be held for two years.

Mayor McCaleb stated this is the best appropriate time to review the entire charter.

Following a discussion on the submitted amendments, Councilman Drennan moved to approve first reading of the Ordinance calling a Charter Amendment election, with the following proposed amendments and changes:

Part 2: That said amendment be presented for "YES" or "NO" vote in the following form:

Shall Section 7 of the City Charter of the City of Abilene be amended to change the age for Mayor and council members from twenty-one (21) to eighteen (18).

Part 4: That said amendments be presented for "YES" or "NO" vote in the following form:

Shall numerous sections of the City Charter be amended to conform to the current state law; and delete the requirement of Council consent for termination of Assistant City Attorney in Section 73.

From Part 6 the following is deleted:

Shall the Charter be amended to allow the election of two (2) Mayor Pro Tempores, delete the requirements of roll call vote...

From Part 6 the following is incorporated into Part 4:

delete the requirement of Council consent for termination in Section 73.

For clarification, Council added to Part 4 the verbiage as shown above, "of Assistant City Attorney". Council noted that additional language could be included in Part 4 to inform the voters that this amendment would be consistent with the other appointment and removal powers in the Charter.

The motion was seconded by Councilman Beckham and the motion carried.

AYES: Councilman Drennan, Councilwoman Martinez, Councilmen Beckham and Ferguson, Councilwoman Alexander, and Mayor McCaleb.

NAYS: None.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ABILENE, TEXAS, PROPOSING AMENDMENTS TO ARTICLE I, INCORPORATION, FORM OF GOVERNMENT AND POWERS, ARTICLE II, THE COUNCIL, ARTICLE V, LEGAL DEPARTMENT AND CORPORATION COURT, ARTICLE VI, PLANNING AND ZONING, ARTICLE VIII, REVENUE AND TAXATION, ARTICLE X, GENERAL PROVISIONS; CALLING AN ELECTION ON SAID ISSUES; PROVIDING FOR PUBLIC NOTICE AND AN EFFECTIVE DATE.

Other Business

Mayor McCaleb recessed the Council into executive session pursuant to Sections 551.071 and 551.074 of the Open Meetings Act, to seek the advice of the City Attorney with respect to pending and contemplated litigation, and to consider the appointment and evaluation of public officers.

The Council reconvened from executive session and reported no action taken.

Mayor McCaleb recessed the meeting to the Basement Conference Room for the Financial Workshop immediately following the Regular City Council meeting.

5.3 David Wright, Finance Director, began the Worksession by stating the annual audit is conducted by Davis, Kinard, & Co. Mr. Wright introduced Don Ashmore of Davis, Kinard & Co.

Mr. Wright stated the Housing Authority Audit will be incorporated into this report after today; their audit is done separately.

The General Fund revenues and expenditures were reviewed, along with recommended use of the General Fund year-end balance; Water & Sewer Fund; and all Capital Improvement projects which are being done at this time. Mr. Wright addressed the Financial & Investment Policies as noted in the transmittal letter received by the Council.

Mayor McCaleb stated this is an excellent report, citing three components: prudent (conservative approach to the budget); a healthy, strong economic outlook; and very good financial management.

Don Ashmore, auditor for Davis, Kinard & Co., gave a qualified opinion due to the Housing Authority Audit. Mr. Ashmore stated the one item of non-compliance is in the area of the HOME administration expense, which is basically due to lack of clarification by HUD. Mr. Ashmore reviewed the Management letter and stated the additional internal auditor that has been added is a positive for the City.

Mr. Wright recognized his staff, reviewed with the Council the first quarter financial status, and briefed them on the 1997 Capital Improvement Program.

Assistant City Manager Roy McDaniel outlined the process involved in Certificates of Obligation. Two items of concern are how much we can borrow through Certificates of Obligation and still maintain the Council's set criteria; and noted the recommended projects come from the needs in the community.

Mayor McCaleb stated on the Certificates of Obligation schedule there may be a conflict on March 13 due to Spring Break. Council calendars will be reviewed and dates changed if needed.

Councilman Ferguson moved to approve the Financial Policy, Investment Policy, and other Financial Information presented and to accept the Comprehensive Annual Financial Report (CAFR) for FY 96, as presented by staff. The motion was seconded by Councilwoman Martinez and the motion carried.

AYES: Councilman Drennan, Councilwoman Martinez, Councilmen Beckham and Ferguson, Councilwoman Alexander, and Mayor McCaleb.

NAYS: None.

Mayor McCaleb recessed the meeting for a short break.

5.4 Mayor McCaleb called to order the Joint City Council/ Reinvestment Zone #1 (TIF Board) Workshop, and introduced the Council.

Elizabeth Miller, Downtown Manager, stated the long-term success of the revitalization of Downtown Abilene is contingent upon a consensus vision for the area. Miss Miller then introduced James Toal, CEO of Gideon/Toal, Inc., stating Mr. Toal will conduct today's visioning session with discussion centering on participants' view of strength, opportunities, role, challenges, and key objectives for Downtown Abilene.

Mr. Toal distributed a questionnaire beginning with the question, "What do you need to do in the next five years - Action Plan", and asked the group to rate downtown as:

1.
A working environment: Great, but there is always room for improvement.

2.
As a living environment: Very few housing structures. In summary, downtown appeals more to the working professional versus the traditional family. It's important to offer young professionals lifestyle they are used to.

3.
Education: Group consensus is that it is rather poor. It was noted that the library is downtown, and the library of the future will be a learning center for adults. After discussion, education services are better than originally thought with the stenograph, computer, and art centers.

The kind of telecommunication system that will be needed in the future was noted as a critical issue.

4.
Retail: people/activity. Hard to attract, a lot of retail may not come back; we may need to focus on other areas. Cinemas have become an anchor for Ft. Worth downtown.

5.
Festival/Special Events: pretty good.

6.
Civic/Government: good.

7.
Entertainment/Culture: improving, affordable

8.
Convention/Tourism: Civic Center is downtown, but the hotels are on the outskirts of the community.

Mr. Toal stated Abilene definitely has a downtown and can be sold. People must know where things are. We must package downtown - work with Convention Bureau to packet events.

Mr. Toal asked for the group's opinions on the best things we have going for downtown now:

activity - a lot of focus.

the process of revitalizing.

financial, professional co-workers, accessibility, and infrastructure (stockbrokers, banks)

Mr. Toal stated the future depends on partnership. Overall economically showing off the whole city is important.

Mr. Toal questioned the group on what is shown to visitors? The group listed Cypress Street, Everman Park, Paramount, Railroad, with green belt running through the City.

Entryways to Abilene are a concern. Mr. Toal suggested linkages and improvements to corridors are needed.

The negative issues addressed were the need to be more pedestrian friendly, service friendly stores, clean up unsightly areas, and the need for more night life.

Mr. Toal recommended activity should be on st. level - there is enough going on to build on.

In reviewing what the group would add, multiscreen cinema was again mentioned.

The feasibility of town home development was discussed. Quality apartment living is possible and perhaps more feasible.

It was noted that our greatest untapped resource is the buildings, number of people downtown on a regular basis.

The group agreed that downtown is very important to overall economic development.

Linkage to other areas could be attained with more signs to get people downtown; north and south sides need to be optimized.

Mayor McCaleb suggested opening pathways to downtown from the outskirts - mall areas to downtown; and linkage to surrounding communities.

Our educational community is a great strength - universities need to see Abilene as a whole city.

The consensus was that we want to see more people and private for-profit enterprise in the years 2005-2020. Abilene has the potential to be exceedingly good.

We need to continue communication, trust, vision, leadership and integrity between the public and private sectors to obtain wide open optimum.

Further visioning sessions with various groups and organizations will be conducted as the Vision and Strategic Action Plan for Downtown Abilene is continued.

Mayor McCaleb stated his appreciation to all in attendance for their time and input.

There being no further business, the meeting adjourned at 1:15 p.m.

_________________________
Jo Moore
City Secretary

_______________________
Gary D. McCaleb
Mayor

20 Years	Cleofas Rodriguez	Park Worker Parks
20 Years	Thomas L. Smith	Operations Supervisor Traffic

3.2	Approval of first reading - Ordinance approving 18 month extension of TCI Cable franchise, and set a public hearing for February 27, 1997 at 9:00 a.m. AN ORDINANCE GRANTING TO TELEVISION CABLE SERVICES, INC., D/B/A TCI CABLEVISION OF ABILENE, THE RIGHT, PRIVILEGE AND FRANCHISE TO CONDUCT WITHIN THE BOUNDARIES OF THE CITY OF ABILENE A CABLE TELEVISION BUSINESS; AND PROVIDING THEREIN FOR SERVICES, EQUIPMENT AND FACILITIES; A TERM; FRANCHISE FEES; CONNECTION TO CERTAIN PUBLIC BUILDINGS; INSURANCE; OTHER DUTIES; AMENDMENT; ACCEPTANCE OF FRANCHISE; RATES; PUBLICATION; AN EFFECTIVE DATE; A SAVINGS CLAUSE; NOTICE TO PARTIES; AND CALLING A PUBLIC HEARING.
3.3	Approval of first reading - TC-00197 - Ordinance for thoroughfare abandonment of a portion of Lytle Way, and set a public hearing for February 27, 1997 at 9:00 a.m. AN ORDINANCE PROVIDING FOR THE ABANDONMENT OF A PORTION OF PUBLIC RIGHT OF WAY; PROVIDING FOR THE TERMS AND CONDITIONS OF SUCH ABANDONMENT, AND CALLING A PUBLIC HEARING.
3.4	Approval of first reading - SNC-00797 - Ordinance for street name change of a portion of Forrest Hill Road to Old Forrest Hill Road, and set a public hearing for February 27, 1997 at 9:00 a.m. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ABILENE, TEXAS, CHANGING THE NAME OF FORREST HILL ROAD TO OLD FORREST HILL ROAD.
3.5	Approval of first reading - TC-00997 - Ordinance for thoroughfare abandonment of a portion of S. 21st St., and set a public hearing for February 27, 1997 at 9:00 a.m. AN ORDINANCE PROVIDING FOR THE ABANDONMENT OF A PORTION OF PUBLIC RIGHT OF WAY; PROVIDING FOR THE TERMS AND CONDITIONS OF SUCH ABANDONMENT, AND CALLING A PUBLIC HEARING.

1.	A working environment: Great, but there is always room for improvement.
2.	As a living environment: Very few housing structures. In summary, downtown appeals more to the working professional versus the traditional family. It's important to offer young professionals lifestyle they are used to.
3.	Education: Group consensus is that it is rather poor. It was noted that the library is downtown, and the library of the future will be a learning center for adults. After discussion, education services are better than originally thought with the stenograph, computer, and art centers.

4.	Retail: people/activity. Hard to attract, a lot of retail may not come back; we may need to focus on other areas. Cinemas have become an anchor for Ft. Worth downtown.
5.	Festival/Special Events: pretty good.
6.	Civic/Government: good.
7.	Entertainment/Culture: improving, affordable
8.	Convention/Tourism: Civic Center is downtown, but the hotels are on the outskirts of the community.