PRE-COUNCIL WORK SESSION, THURSDAY

PRE-COUNCIL WORK SESSION, THURSDAY

May 8, 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 May 8, 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, City Secretary Jo Moore, and various members of the City staff. Mayor McCaleb congratulated Councilmen Vasquez and Drennan for their successful campaigns for re-election.

Debra Guerra, Assistant to the City Manager, reviewed with the Council the Strategic Plan for Critical Issues as follows: Neighborhoods - the need was stressed for two-way communication and getting residents involved by establishing focus groups from the neighborhood, arranging Council and City staff visits to see other cities' programs, utilizing National League of Cities for a resource, analyze how Abilene is divided into neighborhoods, focus on how Abilene is united vs. divided, reviewing the Community Development Block Grant Program, and education for all to "do their part"; Technology - recognized that it affects all sectors of the City, evaluation is needed in procedures used to improve this area, assess technical implications of economic development, consider a citizens committee to ensure the community provides constant and consistent information, coordinate with the citizens committee regarding organizational emphasis; Communication - better communication with government and citizens (two-way communication); develop a way to interact with "City Hall", be open and accessible in scheduling meeting times, be media accessible, utilize the Internet, train staff, put in place a "you don't have to fight City Hall" campaign; Workforce - maintaining it is the key to success in addressing all other critical issues. City Manager Lanny Lambert stated Items 4.6, Visual Arts Jury representative to present recommendation on sculpture and request Council approval by Oral Resolution; and 4.8, Affirmative Action Plan briefing, were pulled from the Regular Agenda to be considered at a later date. The Council briefly discussed various consent and regular agenda items, and there being no further discussion, the meeting was recessed to the City Council Chambers until 9:00 a.m. for the regular Council Meeting.

REGULAR CITY COUNCIL MEETING

May 8, 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 May 8, 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 Francesca Marie Guttierez, 4th grader from Ortiz Elementary School; accompanied by Chris Blackmon.

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

25 Years Anselmo Camacho, Jr. Park Worker

Community Services

25 Years Serapio V. Nieto Park Worker

Community Services

Earnest Merritt, Special Assistant to the City Manager for Youth Services, assisted Mayor McCaleb in the presentation of the Employee of the Month Award for May to Scott Davis, Engineering Technician.

Mayor McCaleb presented a Certification of Appreciation to Alisia Orosco, National Honoree for Make a Difference Day; and Janet Ardoyno presented the Mayor and Council with a National Encore Award received by the City of Abilene as a result of Make A Difference Day efforts.

Mayor McCaleb presented the following proclamations:

May 12-19 as Try Transit Week;

May 10 as Letter Carrier Food Drive Day;

May as National Senior Citizens Month; and

May 12-19 as National Public Works Week.

Councilman Ray Ferguson welcomed 6th and 7th grade students from Kenley School who were accompanied by their teacher, Ms. Pat Ferguson, sister of Councilman Ferguson.

There being no corrections, additions, or deletions to the minutes of the Pre-Council Session and Regular City Council Meeting held April 24, 1997, Councilman Beckham moved to approve the minutes as printed. The motion was seconded by Councilwoman Martinez and the motion carried.

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

NAYS: None.

Councilman Drennan moved to approve consent agenda items 3.1 through 3.4, approval of second and final reading of Item 3.5, and approval of first reading agenda items 3.6 through 3.10 as recommended by the staff. The motion was seconded by Councilman Vasquez and the motion carried.

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

NAYS: None.

Resolutions

3.1 Resolution approving Selective Traffic Enforcement Program contract with Texas Department of Transportation.

The Resolution is numbered 18-1997 and is captioned as follows:

A RESOLUTION PROVIDING FOR APPROVAL OF APPLICATION FOR GRANT FUNDS FROM THE STATE OF TEXAS FOR A SELECTIVE TRAFFIC ENFORCEMENT PROGRAM.

Award of Bid:

3.2 Automated refuse containers, Bid #CB-7047. The bid was awarded to El Monte Plastics of Tustin, CA in the amount of $29,133.00 as recommended by staff.

3.3 Water treatment chemicals, Bid #CB-7046. The bid was awarded as follows: Item #1, liquid cationic polymer to Sweetwater technologies for $635.80/ton unit price; Item 2, anhydrous ammonia at $680/ton unit price and Item 6, liquid chlorine to DPC Industries at $327.80/ton unit price; Item 3, pebble quicklime to Texas Lime Company at $68.15/ton unit price; Item 4, liquid aluminum sulfate at $127.10/ton unit price to Russ Chemical; Item 5, liquid caustic soda at $165.69/ton unit price to Coastal Products; Item 7, sodium hexametaphosphate to Magnatrade Corp. at $1194.00/ton unit price; and Item 8, sodium bisulfite to Goodpasture, Inc. at $0.15/lb. unit price; all as recommended by staff.

3.4 Traffic sign material, Bid #CB-7048. The bid was awarded to Vulcan Signs, the low responsible bidder in the amount of $23,700.56, as recommended by staff.

Ordinances

3.5 Approval of second and final reading - Ordinance amending Chapter 18, "Motor Vehicles and Traffic", Sections 18-293 and 18-304 of the Abilene Municipal Code.

The Ordinance is numbered 18-1997 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.

3.6 Approval of first reading - Ordinance amending Chapter 5, "Ambulances", of the Abilene Municipal Code, and set a public hearing for May 22, 1997.

AN ORDINANCE REPEALING THE PRESENT CHAPTER 5, "AMBULANCES", OF THE ABILENE MUNICIPAL CODE AS SET OUT BELOW, ADDING A NEW CHAPTER 5 "AMBULANCES" AS SET OUT BELOW, PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND CALLING A PUBLIC HEARING.

3.7 Approval of first reading - Z-02597 - Ordinance amending PDD 58 to allow recreational uses located at Maple & Berry, and set a public hearing for May 22, 1997 at 9:00 a.m.

AN ORDINANCE OF THE CITY OF ABILENE, TEXAS, AMENDING CHAPTER 23, SUBPART E, "ZONING," OF THE ABILENE MUNICIPAL CODE, AND ORDINANCE NO. 25-1995 CONCERNING THE PDD #58 PLANNED DEVELOPMENT DISTRICT; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY AND CALLING A PUBLIC HEARING; AND AN EFFECTIVE DATE.

3.8 Approval of first reading - Z-02697 - Rezone from RS-6 to LI district at 1415 Maple St. and set a public hearing for May 22, 1997 at 9:00 a.m.

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.

3.9 Approval of first reading - Ordinance amending Chapter 23, "Planning and Community development", Sections 23-306.4, 23-306.5.B, 23-306.5.J., and 23-363 of the City of Abilene Zoning Ordinance regarding provisions for Antenna Towers, Antennas on Alternative Structures, Receive Only/Amateur Radio Antenna, Radio and Television Transmission Towers, and Radio or TV Studio/with Transmission Towers, and set a public hearing for May 22, 1997 at 9:00 a.m.

AN ORDINANCE AMENDING CHAPTER 23, "PLANNING AND COMMUNITY DEVELOPMENT," SUBPART E, "ZONING," OF THE ABILENE MUNICIPAL CODE, BY AMENDING CERTAIN SECTIONS AS SET OUT BELOW; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY AND CALLING A PUBLIC HEARING.


3.10 Approval of first and final reading - Ordinance amending Part 3 of Ordinance #982 relating to Abilene Hospital Authority.

The Ordinance is numbered 19-1997 and is captioned as follows:

AN ORDINANCE OF THE CITY OF ABILENE, TEXAS, AMENDING PART 3 OF ORDINANCE NO. 982 DATED JULY 28, 1977, WHICH CREATED THE ABILENE HOSPITAL AUTHORITY; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.

REGULAR AGENDA

Mayor McCaleb informed those in attendance that Items 4.6, Visual Arts Jury representative to present recommendation on sculpture and request Council approval by Oral Resolution; and 4.8, Affirmative Action Plan briefing, were pulled from the Regular Agenda to be considered at a later date. Additionally, following Item 4.4, Reception, the Council meeting would resume to complete the items on the Regular Agenda. The council would then recess into executive session for City Attorney interviews. Mayor McCaleb stated that due to ample time being needed for these items, it would be difficult to know when the Council meeting would adjourn, but the earliest would be 2:00 p.m.

Special Considerations:

4.1 Jo Moore, City Secretary, briefed the Council on a Resolution canvassing the returns of the May 3, 1997 City of Abilene General/Charter Amendment Election, declaring that Paul R. Vasquez received the majority of votes for Council Place 1, and A. Don Drennan for Council Place 2. Total votes cast were as follows: Council Place 1: Paul R. Vasquez - 2628; Billy Enriquez - 1888; and Charles Goswick - 190. Council Place 2: A. Don Drennan - 3382; and Bobbie Antilley Hotchkiss - 1108. Two Propositions were on the May 3 ballot for Charter amendments. Proposition 1, "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) failed, having received 1352 for and 3046 against; Proposition 2, "Shall numerous sections of the City Charter be amended to conform to the current state law and shall the requirement for Council consent for termination of an Assistant City Attorney be deleted to bring it into conformity with other equivalent positions under the City Charter" passed, having received 3181 votes for and 984 against.

Ballot and Seal Certificates were received by mail from each presiding judge, duly signed by same and released to the City Secretary for filing in the official election records.

Councilwoman Martinez moved to approve the Resolution canvassing the returns and declaring the results of the General/Charter Amendment election held May 3, 1997. The motion was seconded by Councilman Ferguson and the motion carried.

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

NAYS: None.

The Resolution is numbered 19-1997 and is captioned as follows:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ABILENE, TEXAS, CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE GENERAL/CHARTER AMENDMENT ELECTION HELD IN THE CITY OF ABILENE ON MAY 3, 1997.

4.2 Jo Moore, City Secretary, presented to each member of the City Council their annual paycheck of one (1.00) dollar.

4.3 Oaths of Office were administered by City Secretary Jo Moore to Paul R. Vasquez, Council Place 1 and A. Don Drennan, Council Place 2.

4.4 Mayor McCaleb recessed the Council for a reception honoring reelected Councilmen Vasquez and Drennan.

The Council reconvened following the reception.

4.5 James Condry, Assistant Director of Public Works, briefed the Council regarding an Oral Resolution requesting approval of an agreement with Abilene Motor Sports Inc. and Sports Car Club of America to conduct auto races and a spectator event in conjunction with the races on June 13, 14 & 15, 1997 at the Abilene Regional Airport; and introduced Mike Dohrse, representative, who gave a brief presentation of the history of the event.

Councilman Vasquez moved to approve, by Oral Resolution, the agreement with Abilene Motor Sports Inc. and Sports Car Club of America to conduct auto races and a spectator event in conjunction with the races on June 13, 14 & 15, 1997 at the Abilene Regional Airport, 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.

4.6 Visual Arts Jury representative to present recommendation on sculpture, request Council approval by Oral Resolution - removed from Regular Agenda to be considered at a later date.

4.7 Andy Anderson, City Engineer, presented to the Council a report on staff and Sunset/Sammons neighborhood resident cooperative efforts to improve drainage of Catclaw Creek. Mr. Steve Lamb, Head Speaker for a committee focus group representing the neighborhood, expressed appreciation for the City's help.

No Council action was required.

4.8 Affirmative Action Plan Briefing - removed from Regular Agenda to be considered at a later date.

4.9 Cindy Cullen, Technology Coordinator, briefed the Council regarding an Oral Resolution to award contracts for professional consulting services for telecommunications needs assessment, infrastructure assessment, and strategy development, and introduced Randy Nicholson, Chair of the Mayor's Task Force on Technology, who outlined the Task Force recommendations.

Councilman Vasquez stated his expectations that all three parties would be engaged in the product produced; not just in doing their portions - a concerted co-effort would be hoped for.

Councilwoman Martinez moved to approve, by Oral Resolution, contracts for professional consulting services for telecommunications needs assessment, infrastructure assessment, and strategy development, and authorize the City Manager to enter into contracts not to exceed a combined total of $50,000 to Mr. Miles Fidelman, Mr. John Wade, and Dr. Don Williams 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.

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.

At 3:00 p.m., the Council recessed from executive session for a public announcement by City Manager Lanny Lambert of his resignation effective immediately. Due to the resignation of Mr. Lambert, Councilman Ferguson moved to appoint Roy McDaniel as Acting City Manager. 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 Council then reconvened into executive session. Following the executive session, Council reconvened into open session and reported no action was taken in executive session.

Councilwoman Martinez moved to approve the Mayor's appointments of Ruben Castillo, term expiring 11/99; Msgt. Lewis Graves, term expiring 11/97; and Laquita Daniel, term expiring 11/99 to Abilene Clean & Proud, Inc.; and Bob Springer, Harwell Barber, Raleigh Brown, Richard Johnson, Rosemary Suttle, Robert Hitt, and A. E. Fogle, Jr. to the Abilene Hospital Advisory Board. 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 Ferguson moved to approve the Resolution appointing Sharon Hicks as City Attorney. 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 20-1997 and is captioned as follows:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ABILENE, TEXAS, APPOINTING SHARON E. HICKS CITY ATTORNEY OF THE CITY OF ABILENE.

5.3 Councilman Drennan moved to elect Councilman Ray Ferguson as Mayor Pro Tempore and Councilwoman Kay Alexander as Deputy Mayor Pro Tempore. 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.

There being no further business, the meeting was adjourned at 5:12 p.m.

_____________________________________________________
Jo Moore

City Secretary

Gary D. McCaleb

Mayor

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