PRE-COUNCIL WORK SESSION, THURSDAY

The City Council of the City of Abilene, Texas, met in a Pre-Council Work Session on February 27, 1997, at 8:30 A.M. in the Basement Conference Room of City Hall. Mayor Gary D. McCaleb was present and presiding with Councilmen Paul R. Vasquez and 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 Manager Roy L. McDaniel, City Attorney Harvey Cargill, Assistant to the City Manager Debra Guerra, City Secretary Jo Moore, and various members of the City staff.

David Wright, Director of Finance, discussed with the Council potential projects as shown on the Draft 1997 Capital Improvement Program list to include in a Certificate of Obligation Sale. Mr. Wright stated staff is seeking Council consensus on projects to consider, those that may be listed on the handout or those not listed. Councilman Beckham suggested at the next budget session alternatives be considered in order to reduce the Certificates of Obligation by placing future projects back into the regular budget. Mayor McCaleb announced the next Council meeting will be moved from March 13 to March 6 to allow for expected absences due to spring break. The Council briefly discussed various consent and regular agenda items, and there being no further discussion, the meeting was recessed until 9:00 a.m. for the regular Council Meeting.

REGULAR CITY COUNCIL MEETING

Mayor McCaleb reconvened the City Council of the City of Abilene, Texas, into Regular Session February 27, 1997, at 9:00 a.m. in the Council Chambers of City Hall.

Invocation was given by Councilman Rob Beckham.

Pledge of Allegiance was led by Jared Koslan, fifth grader at Jones Elementary School, accompanied by school secretary Marie King.

The following proclamations were presented by Mayor McCaleb:

March as Youth Art Month;

March 3-7 as Public School Week; and

March 2-8 as Severe Weather Awareness Week.

There being no corrections, additions, or deletions to the minutes of the February 10, 1997 City Council Strategic Vision Workshop, and February 13, 1997 Pre-Council and Council minutes, including Financial and Joint City Council/Reinvestment Zone #1 (TIF) Workshops, Councilwoman Alexander moved to approve the minutes as printed. The motion was seconded by Councilwoman Martinez and the motion carried.

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

NAYS: None.

Councilman Vasquez moved to approve consent agenda items 3.1, and 3.5 through 3.8, as recommended by the staff, and the motion was seconded by Councilman Beckham and the motion carried. Item 3.2, at the request of Councilman Drennan; Item 3.3, at the request of Councilwoman Alexander; and Item 3.4, at the request of Councilwoman Martinez; were removed from the Consent Agenda to be considered separately.

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

NAYS: None.

REGULAR AGENDA

3.2 Mayor McCaleb recognized Councilman Drennan, who addressed the Award of Bid for east side 30" water line, Bid #CB7035. Councilman Drennan stated this an extremely important item with a $3.5 million estimate coming in at $2.9 million, and will greatly benefit the Southwest Abilene supply and will improve the pressure. Staff recommends the bid be awarded by Oral Resolution to S. J. Louis Construction of St. Cloud, Minnesota in the amount of $2,930,553.50 as the lowest responsible bidder.

Councilman Drennan moved to approve by Oral Resolution the bid award to S. J. Louis Construction of St. Cloud, Minnesota in the amount of $2,930,553.50 as the lowest responsible bidder. The motion was seconded by Councilman Beckham and the motion carried.

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

NAYS: None.

3.3 Mayor McCaleb recognized Councilwoman Alexander, who addressed the contract for Election Services with Taylor County Elections Office for May 3, 1997 City Election. Councilwoman Alexander requested adding Saturday, April 26 from 10:00 a.m. to 5:00 p.m. as an early voting day at the Taylor County Courthouse, the Mall of Abilene, and K-Mart Discount Store. Mayor McCaleb noted the need to communicate to the public the early voting day, time, and locations; and the need to monitor the results to determine future needs.

Councilwoman Alexander moved to approve by Oral Resolution the contract for Election Services with Taylor County Elections Office for May 3, 1997 City Election, with the addition of Saturday, April 26 early voting from 10:00 a.m. to 5:00 p.m. at the Taylor County Courthouse, the Mall of Abilene, and K-Mart Discount Store. The motion was seconded by Councilman Vasquez and the motion carried.

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

NAYS: None.

3.4 Roy McDaniel, Assistant City Manager, briefed the Council regarding authorization by Oral Resolution to West Central Texas Municipal Water District to refinance 1987 bonds pursuant to a letter dated 2/21/97. Mr. McDaniel noted the correction to the date of the letter from 2/14/97 to 2/21/97. Councilman Drennan stated it is important to note the total savings to the City as a result of the reduced interest rate and reducing the reserve requirement we have set up. Councilman Drennan also stated NationsBank has the capability in this refinancing process that some other financial institutions do not have.

Councilwoman Martinez moved to approve by Oral Resolution authorization for West Central Texas Municipal Water District to refinance 1987 bonds pursuant to a letter dated 2/21/97 and to instruct the District to use the City's financial advisors and bond attorneys to pursue this matter, as recommended by staff. The motion was seconded by Councilman Drennan and the motion carried.

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

NAYS: None.

4.1 Sharon Hicks, Assistant City Attorney, briefed the Council on an Ordinance approving an 18 month extension of TCI Cable franchise. Staff recommends approval. Ms. Hicks stated that during the 18 month extension, staff and TCI would try to reach a long term, mutually acceptable franchise agreement to comply with the Telecommunications Act of 1996.

Mayor McCaleb opened a public hearing on the item, and the following individual spoke in favor of the request:

There being no one else present and desiring to be heard, the public hearing was closed.

Councilman Vasquez stated the Council wants what is best for the citizens, and sufficient time should be allowed to review the agreement.

Councilman Drennan reminded the public that the City does not set TCI's rates nor choose their channels.

Mayor McCaleb stated that the Cable Act is complex; but on behalf of the citizens, the Mayor stated there were more complaints about the cable services than in any other area in the past year. Citizens express confusion and concern; their impression is that there are a lower number of channels in the basic service at a higher cost.

Mr. Reveles stated he is proud of his staff and is personally available to respond to customers. He is involved in learning the community, and will deal directly with complaints. He is working at improving services and becoming more involved at helping to improve the community.

Councilman Drennan moved to approve the Ordinance approving an 18 month extension of TCI Cable franchise, as recommended by staff. The motion was seconded by Councilman Vasquez and the motion carried.

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

NAYS: None.

The Ordinance is numbered 6-1997 and is captioned as follows:

4.2 Carl Lockett, Assistant Director of Development Services for Planning, briefed the Council on an Ordinance considered on second and final reading - TC-00197 - Ordinance for thoroughfare abandonment of a portion of Lytle Way, being a strip of land 100' wide extending from approximately 430' east of Play Street eastward 1,066 feet to approximately 400' west of Loop 322 and located along the south side of the West Texas Fairgrounds. Closure of this property would permit consolidation of property acquired by the Expo Center in 1995 for the purpose of expanding and improving the West Texas Fair Grounds. Consolidation of the properties would improve safety and efficiency of operation and site development. The Planning and Zoning Commission and staff recommend approval, subject to retention of a utility and drainage easement the length and width of the proposed abandonment; the City retain a 40' wide public access easement centered on the center line of the existing roadway and extending the entire length of the site and before releasing the easement a turnaround must be constructed for any public street remaining between the easement and Loop 322; adequate access to the adjacent residence and public facilities must be maintained for emergency vehicles by not closing Lytle Way to vehicle traffic until such time that Play Street extension to Loop 322 has been completed and the intersection of Play Street and the frontage road of Loop 322 not be closed during the construction period to emergency vehicles; and any relocation or removal of utility lines, street lights, or drainage facilities will be at the proponent's expense.

Mayor McCaleb opened a public hearing on the item, and the following individuals spoke in response to the request:

There being no one else present and desiring to be heard, the public hearing was closed.

The Council noted that the decision they make today would have no effect on the County developing the 25 acres, nor would it affect the County and Corpian's ability to continue their negotiations, and would hope the issue could be resolved.

Councilman Vasquez moved to approve the Ordinance for thoroughfare abandonment of a portion of Lytle Way, being a strip of land 100' wide extending from approximately 430' east of Play Street eastward 1,066 feet to approximately 400' west of Loop 322 and located along the south side of the West Texas Fairgrounds as recommended by staff, subject to retention of a utility and drainage easement the length and width of the proposed abandonment; the City retain a 40' wide public access easement centered on the center line of the existing roadway and extending the entire length of the site and before releasing the easement a turnaround must be constructed for any public street remaining between the easement and Loop 322; adequate access to the adjacent residence and public facilities must be maintained for emergency vehicles by not closing Lytle Way to vehicle traffic until such time that Play Street extension to Loop 322 has been completed and the intersection of Play Street and the frontage road of Loop 322 not be closed during the construction period to emergency vehicles; and any relocation or removal of utility lines, street lights, or drainage facilities will be at proponent's expense. The motion was seconded by Councilwoman Alexander and the motion carried.

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

NAYS: None.

The Ordinance is numbered 7-1997 and is captioned as follows:

4.3 Carl Lockett, Assistant Director of Development Services for Planning, briefed the Council on an Ordinance considered on second and final reading - SNC-00797 - Ordinance for street name change of a portion of Forrest Hill Road to Old Forrest Hill Road. The Planning and Zoning Commission and staff recommend approval.

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

Councilman Beckham moved to approve the Ordinance for street name change of a portion of Forrest Hill Road to Old Forrest Hill Road, as recommended by staff. The motion was seconded by Councilwoman Alexander and the motion carried.

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

NAYS: None.

The Ordinance is numbered 8-1997 and is captioned as follows:

4.4 Carl Lockett, Assistant Director of Development Services for Planning, briefed the Council on an Ordinance considered on second and final reading - TC-00997 - Ordinance for thoroughfare abandonment of a portion of S. 21st St. The Planning and Zoning Commission and staff recommend approval, subject to retention of a utility easement on the entire site, and any resulting relocation of utility lines shall be accomplished at the proponent's expense in a manner satisfactory to the affected utility provider.

Mayor McCaleb opened a public hearing on the item, and the following individual spoke in favor of the request:

There being no one else present and desiring to be heard, the public hearing was closed.

Councilman Drennan moved to approve the Ordinance for thoroughfare abandonment of a portion of S. 21st St. as recommended by staff, subject to retention of a utility easement on the entire site, and any resulting relocation of utility lines shall be accomplished at the proponent's expense in a manner satisfactory to the affected utility provider. The motion was seconded by Councilwoman Martinez and the motion carried.

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

NAYS: None.

The Ordinance is numbered 9-1997 and is captioned as follows:

4.5 Harvey Cargill, City Attorney, briefed the Council on an Ordinance calling for Charter Amendment election. Mr. Cargill explained the language change information in Part 4 which was submitted in the Pre-Council Session, and stated the Council still has the option to delete, add, or change as they deem necessary.

Councilman Ferguson moved to approve the Ordinance calling for Charter Amendment election with the language change in Part 4 as recommended by staff. The motion was seconded by Councilman Vasquez and the motion carried.

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

NAYS: None.

The Ordinance is numbered 10-1997 and is captioned as follows:

4.6 Sharon Hicks, Assistant City Attorney, briefed the Council on Oral Resolution considering application from Medlife Emergency Medical Services, Inc. for Ambulance Service License of Public Convenience and Necessity. Staff recommends denial based on the belief that Medlife has not shown a need for another ambulance service and the fact that a second provider could eventually negatively impact the taxpayers.

Mayor McCaleb opened a public hearing on the item, and the following individuals spoke in response to the request:

FOR:

There being no one else present and desiring to be heard, the public hearing was closed.

Ms. Hicks stated for the record that changing the criteria of the existing Ordinance is in order to provide a uniform criteria for any and all vendors who seek to provide such service. The proposed Ordinance would provide for a minimum of six (6) units of operation, both emergency and non-emergency service, insurance in a minimum of $1,000,000, and other requirements to ensure proper ambulance services to the City of Abilene.

Roy McDaniel, Assistant City Manager, stated we contracted with the provider in the past because we subsidized. The contract expires this year and the plans are to replace the contract with a License Franchise Ordinance. Presently most vendors want to only provide non-emergency services for economic reasons. Mr. McDaniel stated he would never recommend approving transfers only.

Councilman Vasquez stated the subsidy was questioned