PRE-COUNCIL WORK SESSION, THURSDAY
March 27, 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 March 27, 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, Acting City Attorney Sharon
Hicks, City Secretary Jo Moore, and various members of the City
staff. Councilman Paul R. Vasquez was absent.
Mayor McCaleb recognized business owners in attendance: Jim Pethis,
Don Teeler, Jackie Hamilton, and Charlie Pizer. Mike Morrison
briefed the Council and distributed revisions and clarifications
to Item 4.2, Resolution adopting new Tax Abatement Policy, and
Item 4.3, Resolution approving agreement for tax abatement with
Zoltek Companies, Inc.; stating negotiations with Zoltek resulted
in the revisions and clarifications. Councilman Drennan stated
tax abatement is new to some, and he personally believes it is
a great project, but has some problems with the policy: A company
can invest $250,000 for 25% tax abatement - this is not realistic,
he's not in favor of it. Councilman Drennan suggested beginning
at level 2 or 3 with a $2.5 million investment, then tax abatement
will be considered. Mr. Morrison outlined the philosophy of tax
abatement is to provide incentive; it is a recruiting tool; and
in practice, the 1/2 cent sales tax is a community resource for
tax abatement, and is a marketing tool. There has been no tax
abatement since 1991; we deliver other benefits when negotiable
instead of tax abatement. Mr. Lambert stated if Level 1 is removed,
that says we only want to help large businesses. Councilman Drennan
stated this policy is restricted to certain areas. Mr. Morrison
explained that it is restricted to certain elements in certain
areas; but any manufacturer can locate anywhere in the City and
is eligible for tax abatement. Mayor McCaleb stated the Tax Abatement
discussion concerns only the policy and has no connection to the
Zoltek Companies, Inc. Jo Moore, City Secretary, distributed to
Council the Resolution for Item 3.5, Resolution appointing Election
Judges and setting compensation. Item 3.3, Resolution approving
amendment to landfill agreement with Browning-Ferris, Inc. concerning
hours of operation, was discussed briefly; staff indicated they
will be tracking the usage. 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
March 27, 1997, 9:00 A.M.
CITY COUNCIL OF THE CITY OF ABILENE, TEXAS
CITY COUNCIL CHAMBERS OF CITY HALL
Mayor McCaleb reconvened the City Council of the City of Abilene,
Texas, into Regular Session March 27, 1997, at 9:00 a.m. in the
Council Chambers of City Hall.
Invocation was given by Councilman Ray Ferguson.
Pledge of Allegiance was led by Glenys Bolls, a fifth grader at
Bonham Elementary; accompanied by her parents, Downing and Debbie
Bolls.
Eddie Chrane, Firefighter, presented to Mayor McCaleb and the
Council the 1996 American Heart Walk City/County/State Winner
Award received by the City, noting the City tripled its contributions.
Mayor McCaleb presented the following proclamations:
March 24-28 as National Community Development Week.
Wanda Merritt, Community Development Administrator, recognized
representatives from various Community Development programs.
Mayor McCaleb recognized Theo Getimis, originally from Corinth,
Greece and now living in Germany, on his third visit to Abilene.
Mr. Getimis has donated Greek artifacts and historical documents
which will be on display at the Grace Cultural Center. Mayor McCaleb
also recognized Councilman Ray Ferguson, who was part of the Abilene
delegation to Corinth.
There being no corrections, additions, or deletions to the minutes of the Pre-Council Session and Regular City Council Meeting held March 6, 1997, Councilwoman Alexander 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.
Councilman Drennan moved to approve consent agenda items 3.1 through 3.9, as recommended by the 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 approving issuance of student loan revenue bonds
by Abilene Higher Education Authority, Inc.
The Resolution is numbered 5-1997 and is captioned
as follows:
RESOLUTION APPROVING THE ISSUANCE OF STUDENT LOAN REVENUE BONDS
BY THE ABILENE HIGHER EDUCATION AUTHORITY, INC.
3.2 Resolution approving agreement with Texas Department of Transportation
for Traffic Signal Improvement Project on S. 1st St. (BI-20R)
and N. 1st St.
The Resolution is numbered 6-1997 and is captioned
as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ABILENE, TEXAS;
AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR THE IMPROVEMENT
OF TRAFFIC SIGNAL SYSTEM ON BI-20-R (S. 1ST STREET) AND N. 1ST
STREET.
3.3 Resolution approving amendment to landfill agreement with
Browning-Ferris, Inc. concerning hours of operation.
The Resolution is numbered 7-1997 and is captioned
as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ABILENE, TEXAS;
AMENDING THE LANDFILL AGREEMENT.
3.4 Resolution approving street lighting contract with Taylor
Electric Cooperative, Inc.
The Resolution is numbered 8-1997 and is captioned
as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ABILENE, TEXAS,
APPROVING A STREET LIGHTING CONTRACT WITH TAYLOR ELECTRIC COOPERATIVE.
INC.
3.5 Resolution appointing election officials for May 3, 1997 General/Charter
Amendment Election, and fixing rate of compensation.
The Resolution is numbered 9-1997 and is captioned
as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ABILENE, TEXAS,
APPOINTING VARIOUS ELECTION OFFICIALS AND FIXING THEIR RATE OF
COMPENSATION.
3.6 Resolution authorizing issuance of West Central Texas Municipal
Water District water transmission line contract revenue refunding
bonds, taxable Series 1997 (City of Abilene Project).
The Resolution is numbered 10-1997 and is captioned
as follows:
APPROVING THE ISSUANCE, SALE AND DELIVERY OF WEST CENTRAL TEXAS
MUNICIPAL WATER DISTRICT WATER TRANSMISSION LINE CONTRACT REVENUE
REFUNDING BONDS, TAXABLE SERIES 1997 (CITY OF ABILENE PROJECT)
Bid Awards:
3.7 Curb ramp improvements, Bid #CB7041. The base bid and
all four alternatives were awarded to Bontke Brothers Company
Construction of Abilene for the unit prices bid with an estimated
construction cost of 49,354.25, as recommended by staff.
3.8 Traffic sign material, Bid #CB7040. The bid was awarded
as follows: Items A & B (Alternate 1) to Vulcan Signs; and
Item C to 3M Company on a per item basis representing the lowest
responsible bids, as recommended by staff.
Ordinances
3.9 Ordinance amending Chapter 18, "Motor Vehicles and Traffic,"
Sections 18-291, 18-293, 18-297, and 18-299 of the Abilene Municipal
Code.
The Ordinance is numbered 11-1997 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.
REGULAR AGENDA
Public Appearance
4.1 Mike Hall, Director of Community Services, briefed the Council
on the Citizens Library Review Panel's work, thanked the Panel
for their work, and introduced its Chair, Ed Patton. Mr. Patton
presented the panel's recommendation of library projects, requesting
Council approval as follows: expand the hours the Library is open
to include Sunday afternoons and Wednesday evenings; provide a
"storefront" branch in the southwest part of Abilene
in a high traffic area; and develop a highly visible public information
plan.
Councilman Drennan asked what the tentative annual budget cost
would be, excluding capital outlay; and Cynthia Pirtle, City Librarian,
distributed to the Council the appropriation unit figures for
the branch opening. Councilman Drennan then stated the panel recommended
ultimately a 20,000 square foot branch be established, asked for
a time table to accomplish that recommendation; and asked what
the additional cost would be for expanding the library hours.
Ms. Pirtle stated her projection is an anticipated 5-7 years for
the permanent branch, but stated she has no budget projections
at this time. Cost on public information recommendations will
be submitted during the annual budget process; total annual cost
for the additional hours is $21,000, but if it is implemented
by May 1, $9,000 would be allotted from the current budget.
Councilman Drennan questioned if the $200,000 in this year's budget would restrict the branch to 3,000 square feet, or would other funding be necessary? Mr. Hall stated that adjustments could be made to stay in the budget without the 3,000 square foot limitation.
Councilman Ferguson moved to approve the Citizens Library Review Panel's recommendation as presented. The motion was seconded by Councilman Drennan and the motion carried.
AYES: Councilman Drennan, Councilwoman Martinez, Councilmen Beckham and Ferguson, Councilwoman Alexander, and Mayor McCaleb.
Nays: None.
Resolutions
4.2, 4.3, 4.4 Mike Morrison, Assistant City Manager, briefed the Council regarding Resolutions adopting the new Tax Abatement Policy; approving an agreement for tax abatement with Zoltek Companies, Inc., and authorizing the City Manager to execute a payment contract with DCOA in an amount equal to 50% of the Ad Valorem Tax due from Zoltek Companies, Inc. Mr. Morrison stated these items can be considered together, but must be voted on separately.
He stated the project has been underway for over 14 months. Mr.
Morrison recognized the City staff (Don Henry, Kim Tarrant, Lisa
Hoodenpyle, Sharon Hicks, and Roy McDaniel; as well as Steve Teaff
of WTU and John Brier of the Industrial Foundation as key players
in the success of this project. Staff recommends approval of all
three Resolutions.
Council stated their deep appreciation to Mr. Morrison, his staff,
and Zoltek, Inc.
4.2 Councilwoman Martinez moved to approve the Resolution adopting the new Tax Abatement Policy, 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 Resolution is numbered 11-1997 and is captioned
as follows:
A RESOLUTION DECLARING THE CITY COUNCIL OF THE CITY OF ABILENE,
TAYLOR COUNTY, TEXAS, ELECTS TO ADOPT A REVISED PROPERTY TAX ABATEMENT
POLICY SETTING OUT GUIDELINES AND CRITERIA IN ACCORDANCE WITH
TEX. TAX CODE ANN. 312.001 ET. SEQ., OTHERWISE KNOWN AS THE PROPERTY
REDEVELOPMENT AND TAX ABATEMENT ACT ("ACT"), GOVERNING
THE CREATION OF TAX ABATEMENT REINVESTMENT ZONES AND THE EXECUTION
OF ALL TAX ABATEMENT AGREEMENTS BY THE CITY.
4.3 Councilman Drennan moved to approve the Resolution approving an agreement for tax abatement with Zoltek Companies, Inc., as recommended by staff. The motion was seconded by Councilman Ferguson and the motion carried.
AYES: Councilman Drennan, Councilwoman Martinez, Councilmen Beckham and Ferguson, Councilwoman Alexander, and Mayor McCaleb.
Nays: None.
The Resolution is numbered 12-1997 and is captioned
as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ABILENE, TAYLOR
COUNTY, TEXAS, AUTHORIZING AN AGREEMENT FOR TAX ABATEMENT WITH
ZOLTEK COMPANIES, INC. (ZOLTEK) OR ITS SUBSIDIARY AUTHORIZED TO
CONDUCT BUSINESS IN THE STATE OF TEXAS, IN ACCORDANCE WITH THE
PROPERTY REDEVELOPMENT AND TAX ABATEMENT ACT (ACT), TEX. TAX CODE
ANN. 312.001 ET. SEQ.
4.4 Councilwoman Alexander moved to approve the Resolution authorizing the City Manager to execute a payment contract with DCOA in an amount equal to 50% of the Ad Valorem Tax due from Zoltek, Companies, Inc., as recommended 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.
The Resolution is numbered 13-1997 and is captioned
as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ABILENE, TAYLOR
COUNTY, TEXAS, AUTHORIZING A CONTRACT WITH THE DEVELOPMENT CORPORATION
OF ABILENE, INC. (DCOA) WHEREBY DCOA WILL MAKE PAYMENTS IN LIEU
OF TAXES TO CITY OF ABILENE IN AN AMOUNT EQUAL TO 50% OF THE AD
VALOREM TAXES NORMALLY DUE TO THE CITY FROM ZOLTEK COMPANIES,
INC.
4.5 Mike Hall, Director of Community Services, briefed the Council
concerning a Resolution approving a fee increase at Maxwell Municipal
Golf Course, and introduced Dave Hand, General Manager.
Mr. Jim Johnson stated more public golf courses are needed, and
asked the Council to consider that. He does not object to the
increase if it can be maintained as it is now.
Mayor McCaleb asked staff it the golf course can be maintained
as is, and can additional holes be added? Mr. Hall explained some
maintenance problems and the time spent resolving them. Mr. Hall
also stated four hours is the standard golfing time, and that
adding holes is based on the increase in that time.
Councilman Drennan moved to approve the Resolution approving a fee increase at Maxwell Municipal Golf Course, 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 Resolution is numbered 14-1997 and is captioned
as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ABILENE, TEXAS,
APPROVING A FEE SCHEDULE FOR MAXWELL MUNICIPAL GOLF COURSE, AND
ESTABLISHING AN EFFECTIVE DATE.
4.6 Carl Lockett, Planning Administrator, gave a presentation
of Geographic Information System (GIS) software, then briefed
the Council on an Oral Resolution approving Bid #CB-7034
for a GIS Pilot Project.
Councilman Beckham moved to approve by Oral Resolution Bid #CB-7034 for a GIS Pilot Project contract be awarded to the Department of Information Resources in the amount of $17,500, as recommended by staff. The motion was seconded by Councilman Ferguson and the motion carried.
AYES: Councilman Drennan, Councilwoman Martinez, Councilmen Beckham and Ferguson, Councilwoman Alexander, and Mayor McCaleb.
Nays: None.
Ordinances
4.7 Carl Lockett, Planning Administrator, briefed the Council
on an Ordinance considered on second and final reading - TC-01097
- for thoroughfare abandonment of a 20' north-south alley located
between N. 2nd & N. 3rd and Mulberry & Beech. The Planning
and Zoning Commission and staff recommend approval, subject to:
1) an open utility easement shall be retained on the entire site;
2) an open drainage easement shall be retained on the entire site
and current drainage flow rates must be maintained; 3) adequate
access to the adjacent structures must be maintained for emergency
vehicles; and 4) 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 there being
no one present and desiring to be heard, the public hearing was
closed.
Councilman Ferguson moved to approve the Ordinances for thoroughfare abandonment of a 20' north-south alley located between N. 2nd & N. 3rd and Mulberry & Beech, subject to: 1) an open utility easement shall be retained on the entire site; 2) an open drainage easement shall be retained on the entire site and current drainage flow rates must be maintained; 3) adequate access to the adjacent structures must be maintained for emergency vehicles; and 4) any resulting relocation of utility lines shall be accomplished at the proponent's expense in a manner satisfactory to the affected utility provider, as recommended by staff. The motion was seconded by Councilwoman Alexander and the motion carried.
AYES: Councilmen Drennan, Beckham, Ferguson, Councilwoman Alexander, and Mayor McCaleb.
Nays: None.
Abstain: Councilwoman Martinez.
The Ordinance is numbered 12-1997 and is captioned
as follows:
AN ORDINANCE PROVIDING FOR THE ABANDONMENT OF A PORTION OF PUBLIC
RIGHT OF WAY; PROVIDING FOR THE TERMS AND CONDITIONS OF SUCH ABANDONMENT,
AND CALLING A PUBLIC HEARING.
Mayor McCaleb inquired to Acting City Attorney Sharon Hicks if
the public hearings for items 4.8 and 4.9 can be combined; Ms.
Hicks stated that would be acceptable.
4.8 Carl Lockett, Planning Administrator, briefed the Council
on an Ordinance considered on second and final reading - Z-01397
- to rezone from O to GC district, located in the 3600 block of
Curry Lane. The Planning and Zoning Commission and staff recommend
approval.
4.9 Carl Lockett, Planning Administrator, briefed the Council
on an Ordinance considered on second and final reading - Z-01497
- to rezone from LC to GC district located at the northwest corner
of John Knox Dr. and Cedar Run. The Planning and Zoning Commission
and staff recommend approval.
Mayor McCaleb opened a public hearing on both Items 4.8 and 4.9,
and the following individual spoke in favor of the request:
. B. Jack Turner, owner.
There being no one else present and desiring to be heard, the
public hearing was closed.
Councilwoman Martinez moved to approve the Ordinance to rezone from O to GC district located in the 3600 block of Curry Lane, 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 13-1997 and is captioned
as follows:
AN ORDINANCE AMENDING CHAPTER 23, "PLANNING AND COMMUNITY
DEVELOPMENT", SUBPART E, "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.
Councilwoman Alexander moved to approve the Ordinance to rezone from LC to GC district located at the northwest corner of John Knox Dr. and Cedar Run, as recommended by staff. The motion was seconded by Councilman Drennan and the motion carried.
AYES: Councilman Drennan, Councilwoman Martinez, Councilmen Beckham and Ferguson, Councilwoman Alexander, and Mayor McCaleb.
Nays: None.
The Ordinance is numbered 14-1997 and is captioned
as follows:
AN ORDINANCE AMENDING CHAPTER 23, "PLANNING AND COMMUNITY
DEVELOPMENT", SUBPART E, "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.
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, and to consider the appointment
and evaluation of public officers.
The Council reconvened and reported no action taken.
Councilman Ferguson moved to ratify appointment of Sharon Hicks as Acting City Attorney retroactive to March 14. The motion was seconded by Councilman Drennan and the motion carried.
AYES: Councilman Drennan, Councilwoman Martinez, Councilmen Beckham and Ferguson, Councilwoman Alexander, and Mayor McCaleb.
Nays: None.
Councilwoman Alexander moved to appoint Nancy Bander to Civic Abilene, Inc. to fill a vacancy, term expiring 5/97. 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.
There being no further business, the meeting was adjourned at
11:33 a.m.
Jo Moore Secretary | Gary D. McCaleb Mayor |