PRE-COUNCIL WORK SESSION, THURSDAY
April 24, 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 April 24, 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 Managers Roy L. McDaniel and Mike Morrison, Acting City Attorney
Sharon Hicks, Assistant to the City Manager Debra Guerra, City
Secretary Jo Moore, and various members of the City staff.
Councilwoman Martinez requested item 3.6, Resolution designating
Zoltek Co., Inc. as an Enterprise project by the Texas Department
of Commerce, be pulled from the consent agenda to be considered
separately. Mike Morrison, Assistant City Manager, briefed the
Council on a project to establish a National Museum in the Matera
Paper Company building. The Abilene Improvement Corporation is
working on an optional contract to purchase the building, and
the Reinvestment Zone #1 (TIF) will finance acquisition if the
contract goes through. Dr. Vernon Williams, ACU, gave an overview
of a project in memory of the 12th Armored Division stationed
in Abilene during World War II, and proposed a National museum
in order for the World War II story to be told. Ninety-eight percent
of the funding will come outside of Abilene, with most from outside
of Texas, including families of the 12th Armored Division and
the over 100 Corporations that had contracts with the Division
during the war. This will generate visitors to Abilene and the
museum will tie parts of the community together. The estimated
cost is $2 million to restore and create exhibits with a $6 million
endowment for operation in the future. There would be an 18-month
lease period to allow sufficient time to prove the success of
the museum. 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
April 24, 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 April 24, 1997, at 9:00 a.m. in the
Council Chambers of City Hall.
Invocation was given by Councilman Paul Vasquez.
The Pledge of Allegiance was led by Barbara Martin, fourth-grader
from Long Elementary School, who was accompanied by her counselor,
Marlene Crawford, and mother, Diane.
Mayor McCaleb presented the following proclamations: |
April as Child Abuse Prevention Month; and |
May as National Mental Health Month. |
Mayor McCaleb recognized all daughters present at the meeting
in honor of Take Your Daughter to Work Day, and teachers and honor
students from Trent High School.
There being no corrections, additions or deletions to the minutes of the City Council Meeting held April 10, 1997, Councilman Vasquez moved to approve the minutes. 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.
Councilman Vasquez moved to approve consent agenda items 3.3 and 3.5, and approval of first reading of items 3.1 and 3.2, as recommended by the staff. The motion was seconded by Councilman Drennan and the motion carried. Item 3.6 was removed from the consent agenda to be considered separately at the request of Councilwoman Martinez, 3.4 was removed to be considered separately at the request of Councilman Beckham, and 3.7 was removed to be considered separately by Mrs. Bobbie Hotchkiss.
AYES: Councilmen Vasquez and Drennan, Councilwoman Martinez, Councilmen Beckham and Ferguson, Councilwoman Alexander, and Mayor McCaleb.
NAYS: None.
Ordinances
3.1 Ordinance concerning annexation of 63.52 acres of land owned
by Sydney E. Niblo, and set a public hearing for June 12, 1997
at 9:00 a.m.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ABILENE, TEXAS,
PROVIDING FOR THE EXTENSION OF THE BOUNDARY LIMITS OF THE CITY
OF ABILENE, TEXAS, AND THE ANNEXATION OF CERTAIN TERRITORY LYING
ADJACENT AND CONTIGUOUS TO THE PRESENT BOUNDARY LIMITS OF THE
CITY OF ABILENE.
3.2 Ordinance amending Chapter 18, "Motor Vehicles and Traffic",
Sections 18-293 and 18-304 of the Abilene Municipal Code.
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.
Resolutions
3.3 Oral Resolution approving street use license request from
Abilene Paramount Properties, Ltd. for use of Cypress Street &
N. 2nd St. right-of-way.
3.4 Oral Resolution approving street use license request from
William A. Bedford d/b/a Abilene Coffee Company for use of Pine
Street right-of-way. Removed from the consent agenda to be considered
separately at the request of Councilman Beckham.
3.5 Oral Resolution approving three-year extension of Auctioneer
contract with Kincaid Auction Service.
3.6 Resolution designating Zoltek Co., Inc. as Enterprise project
by Texas Department of Commerce. Removed from consent agenda to
be considered separately at the request of Councilwoman Martinez.
3.7 Resolution disposing of property by exchange or sale between
City of Abilene and DCOA, Inc. Removed from consent agenda to
be considered separately at the request of Mrs. Bobbie Hotchkiss.
REGULAR AGENDA
Mayor McCaleb noted that agenda item 4.5, Award of Bid; Ordinance
authorizing issuance of City of Abilene, Texas, Combination Tax
and Revenue Certificates of Obligation, Series 1997, in the amount
of $2,400,000.00 is posted to take place at 11:00 a.m. and the
City Council will break if necessary at that time to consider
that item or recess and come back at that time if other agenda
items are taken care of prior to 11:00 a.m.
3.4 James Condry, Assistant Director of Public Works, briefed
the Council on an Oral Resolution approving a street use license
request from William A. Bedford d/b/a Abilene Coffee Company for
use of the Pine Street right-of-way. At the request of Councilman
Beckham, Mr. Condry reviewed the application fee, stating that
the $240.00 fee is non-refundable and is an application fee only,
not a permit fee. The issue of handicapped parking was raised,
and Mr. Condry stated that the current handicapped parking space
will be moved within the same block, but will still be van accessible
as it is now.
Councilman Ferguson moved to approve the street use license request from William A. Bedford d/b/a Abilene Coffee Company for use of the Pine Street right-of-way and to deny the request for waiver of the application fee, 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.
3.6 Mike Morrison, Assistant City Manager, briefed the Council
on a Resolution designating Zoltek Co., Inc. as an Enterprise
project by the Texas Department of Commerce at the request of
Councilwoman Martinez. Mr. Morrison reviewed the criteria for
the designation and the benefits of the designation not only to
the business, but also to the City.
Councilwoman Martinez moved to approve the Resolution designating Zoltek Co., Inc. as an Enterprise project by the Texas Department of Commerce, 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 Resolution is numbered 15-1997 and is captioned
as follows:
A RESOLUTION DECLARING THE CITY OF ABILENE, TAYLOR COUNTY, TEXAS,
ELECTS TO DESIGNATE ZOLTEK COMPANIES, INC. ("ZOLTEK")
A QUALIFIED BUSINESS AS DEFINED IN CHAPTER 2303 OF THE TEXAS ENTERPRISE
ZONE ACT, TEXAS GOVERNMENT CODE (THE "ACT"), FOR THE
PURPOSE OF APPLYING TO THE TEXAS DEPARTMENT OF COMMERCE ("COMMERCE")
FOR DESIGNATION AS AN ENTERPRISE PROJECT.
3.7 Mike Morrison, Assistant City Manager, briefed the Council
on a Resolution disposing of property by exchange or sale between
the City of Abilene and DCOA, Inc., which was removed from the
consent agenda to be considered separately at the request of Mrs.
Bobbie Hotchkiss. Mrs. Hotchkiss asked for clarification on the
property being considered. Mr. Morrison stated it was 4-1/2 acres
of land next to a water tower, worth $800 to $1100 per acre.
Councilman Vasquez moved to approve the Resolution disposing of property by exchange or sale between the City of Abilene and DCOA, Inc., 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 Resolution is numbered 16-1997 and is captioned
as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ABILENE, TEXAS,
APPROVING THE DISPOSITION OF PROPERTY BY EXCHANGE OR SALE BETWEEN
THE CITY OF ABILENE BY AND THROUGH ITS WATER DEPARTMENT AND THE
DEVELOPMENT CORPORATION OF ABILENE.
Public Appearances
4.1 Elizabeth Grindstaff, Downtown Manager, introduced 5th grade
AISD ALPS students, who gave a presentation on their recommendations
for a Downtown revitalization program. Teachers Kathy Aldridge
and Janet Dowel explained the project, which was solving community
problems. Five students represented 95 students from all Abilene
elementary schools. The students presented the following recommendations:
Allie Cook - new clothing stores downtown, additional apartments
and above-business apartments, ice skating rink, various street
vendors selling food and souvenirs. Craig Kennedy - more public
parking, purchase old Fulwiler Building and turn it into a parking
garage, trolleys to shuttle people from parking to downtown businesses.
Bret Grovner - family oriented Halloween celebration, brown bag
concerts, New Years Eve countdown. Linda Hill - interaction of
visitor information center and convention center, enlarge downtown
businesses to the east, information finder via computer, increase
advertisement of Abilene attractions. Jena Carson - renovate old
buildings and add greenery, nature trail, bandstand across from
the Civic Center, and fountains.
Mayor McCaleb stated the ALPS students' presentation reminds us
of how vitally important our youth are, and that no small number
of people have all the good ideas; it takes all citizens to make
the community better. The Council stated their appreciation for
the excellent recommendations.
No action was required.
Ordinances
4.2 Carl Lockett, Planning Administrator, briefed the Council
on Z-02297 - Ordinance to add H (Historic Overlay) to underlying
RS-12 (Residential Single Family) district located at 865 Sayles
Blvd. The Planning and Zoning Commission and staff recommend approval.
Mayor McCaleb opened a public hearing, and the following individuals
spoke in response to the request:
. Pat Frosch, 1249 Palm, chair of the Landmarks Commission, recommends
approval.
. Terry Franklin, 1473 Beltway, 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 request to add Historic Overlay to underlying Residential Single Family district located at 865 Sayles Blvd., as recommended by staff. 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 15-1997 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.
4.3 Carl Lockett, Planning Administrator, briefed the Council
on TC-02497 - Ordinance for thoroughfare abandonment of
a 30' street dedication located in the 5600 block of Hwy. 277.
The Planning and Zoning Commission and staff recommend approval.
Mayor McCaleb opened a public hearing, and there being no one
present and desiring to be heard, the public hearing was closed.
Councilwoman Alexander moved to approve the request for thoroughfare abandonment of a 30' street dedication located in the 5600 block of Hwy. 277, 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 16-1997 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.
Resolutions
4.4 James Condry, Assistant Director of Public Works, briefed
the Council on an Oral Resolution concerning an application/permit
to drill and operate an oil/gas well within the City Limits, Permit
#9703. Staff recommends approval.
Mayor McCaleb opened a public hearing, and the following individual
spoke in response to the request:
. Gilbert Talamantez inquired if this would create a danger to
the water supply.
Mr. Condry stated all State and Federal regulations must be met,
and an extensive process of putting together the regulations relating
to the environment was done by Abilene several years ago; therefore
he is not aware of any water problems.
Mr. Brent Schkade, applicant, stated he has operated wells in
Abilene for 30 years and has never had any problems concerning
danger to the environment.
Mrs. Bobbie Hotchkiss questioned the ownership of the well, whether
it be private or the City's.
Mr. Condry stated the oil well is privately owned by Schkade Brothers,
but is in the City limits.
There being no one else present and desiring to be heard, the
public hearing was closed.
Councilman Beckham moved to approve by Oral Resolution an application/permit to drill and operate an oil/gas well within the City Limits, Permit #9703, as recommended by staff. The motion was seconded by Councilman Ferguson and the motion carried.
AYES: Councilmen Vasquez and Drennan, Councilwoman Martinez, Councilmen Beckham and Ferguson, Councilwoman Alexander, and Mayor McCaleb.
NAYS: None.
5.0 Other Business
Mayor McCaleb recessed the Council into executive session, stating
the Council would come out of executive session at 11:00 a.m.
for item 4.5, Bid Opening, then would reconvene into executive
session if need be after the bid opening, pursuant to Sections
551.071 and 551.074 of the Open Meetings Act, and 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 at 11:00 a.m.
4.5 Bid Opening 11:00 a.m. CDT: David Wright, Director of Finance,
assisted by Joe Smith of First Southwest Company, briefed the
Council on the Award of Bid; and an Ordinance authorizing issuance
of City of Abilene, Texas, Combination Tax and Revenue Certificates
of Obligation, Series 1997, in the amount of $2,400,000.00. Mr.
Smith opened and read all ten bids aloud. The lowest bidder was
Piper Jaffray, Inc., with a net interest cost of $980,946.67 and
effective interest rate of 5.21780 percent.
Following staff verification of the arithmetic on the bids, Councilman Vasquez moved to approve the bid from Piper Jaffray, Inc., with a net interest cost of $980,946.67 and effective interest rate of 5.21780 percent; and to approve the Ordinance authorizing issuance of City of Abilene, Texas, Combination Tax and Revenue Certificates of Obligation, Series 1997, in the amount of $2,400,000 as recommended by staff. The motion was seconded by Councilman Ferguson 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 17-1997 and is captioned
as follows:
AUTHORIZING THE ISSUANCE OF CITY OF ABILENE, TEXAS COMBINATION
TAX AND REVENUE CERTIFICATES OF OBLIGATION, SERIES 1997, IN THE
PRINCIPAL AMOUNT OF $2,400,000.00
The Council went back into executive session.
The Council reconvened from executive session and reported no
action taken.
Acting City Attorney Sharon Hicks briefed the Council on a Resolution
approving the appointment of an assistant City Attorney, and recommended
appointment of Gary A. Scott.
Councilwoman Martinez moved to approve the Resolution appointing Gary A. Scott as Assistant City Attorney. The motion was seconded by Councilman Ferguson and the motion carried.
AYES: Councilmen Vasquez and Drennan, Councilwoman Martinez, Councilmen Beckham and Ferguson, Councilwoman Alexander, and Mayor McCaleb.
NAYS: None.
The Resolution is numbered 17-1997 and is captioned
as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ABILENE, TEXAS,
APPROVING THE APPOINTMENT OF AN ASSISTANT CITY ATTORNEY FOR THE
CITY OF ABILENE.
There being no further business, the meeting was adjourned at
11:35 a.m.
_____________________________ | ______________________________ |
Jo Moore City Secretary | Gary D. McCaleb Mayor |