The City Council of the City of Abilene, Texas, met in a Pre-Council Work Session on July 10, 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 Roy L. McDaniel, Assistant City Manager Mike Morrison, City Attorney Sharon Hicks, City Secretary Jo Moore, Assistant to the City Manager Debra Guerra, and various members of the City staff.

  Mayor McCaleb announced that Airport Manager Fal Falcioni is in intensive care at Abilene Regional Hospital, and asked Councilman Vasquez to remember him and his family during the invocation. The Council briefly discussed various consent and regular agenda items as follows: Item 3.1, Z-02797 - Rezone from RM-2 to O district located at N. 21st & Hardy Streets, was tabled by the Planning and Zoning Commission at their meeting and will therefore be pulled from today's agenda; Item 3.4, Ordinance amending Chapter 18, "Motor Vehicles and Traffic", Sections 18-286, 18-293, and 18-299, City Manager Roy McDaniel stated staff has researched Councilman Drennan's inquiry on changes and feel this could be done by bringing it back to Council to make all of Cypress one hour parking. Councilman Drennan stated he wants to meet the needs of the downtown public, and recommended leaving all of N. 4th two-hour parking and approve other changes. Item 4.2, Re! solu tion approving the FY 1997/98 one year action plan for CDBG and HOME programs and CDBG & HOME funding guidelines, Mayor's inclination is that information has been received and the Council is well informed, he suggested not having multi-representation of organizations but have one spokesperson for each of the entities which have requested to speak. Mr. McDaniel informed the Council that citizens have expressed dissatisfaction with the fireworks display, although this is not a city sponsored or funded event. Council stressed the need to educate the public to the fact that Item 4.1, Resolution approving a lease agreement for a library storefront, is a pilot project - not intended to be a permanent branch site. 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

Mayor McCaleb reconvened the City Council of the City of Abilene, Texas, into Regular Session July 10, 1997, at 9:00 a.m. in the City Council Chambers of City Hall.

  Invocation was given by Councilman Paul Vasquez.

  Pledge of Allegiance was led by Laura Carrillo, 4th grade home-schooler, daughter of Assistant City Attorney Victor Carrillo. Also in attendance were her mother, Mrs. Joy Carrillo, sister, Christina.

  Mayor McCaleb, assisted by Employee Committee chair Charlotte Roy, presented Employee Scholarship Awards, each in the amount of $1,000, to the following individuals:

Kristopher Brown, son of Joann Brown in Accounting

Matthew Dudensing, son of Debbie Dudensing in Police Training

(Mr. Dudensing was unable to attend, but his grandfather accepted for him)

Amanda Haas, daughter of Dennis Haas in the Fire Department

John Michael Herrera, son of John Herrera in Water Treatment

Cory Kastner, son of Bernerd Kastner in the Police Department

Bob Woodard, Chair of Abilene Clean & Proud, presented Keep Texas Beautiful Awards as follows: Abilene Independent School District for environmental commitment presented by board member Kay Berry; Janet Ardoyno for individual leadership merit award presented by City employee Bill Brock; City of Abilene for Excellence in Public Awareness presented by Ms. Castillo; Governor's Community Achievement for Sustained Excellence to the City of Abilene presented by Kay Spiva and Don Henry. Mr. Woodard then recognized Drew Sleeper, Refuse Superintendent; Marva Pritchett, Director of Public Works; and Donna Albus, Clean and Proud Coordinator.

Debra Guerra, Assistant to the City Manager, assisted Mayor McCaleb in the presentation of the June Employee of the Month award to Danella Elliott, Zoo Secretary.

Councilman Vasquez moved to approve the minutes of the Pre-Council Session and Regular City Council Meeting held June 26, 1997 as printed. 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 3.5 through 3.12 as recommended by staff, and approval of first reading of items 3.2 and 3.3. Item 3.1 was removed from the Consent Agenda after having been tabled by the Planning & Zoning Commission. Item 3.4 was removed from the Consent Agenda to be considered separately at the request of Councilman Drennan. 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.

The Resolution is numbered 23-1997 and is captioned as follows:

 3.4 Approval of second and final reading - Ordinance amending Chapter 18, "Motor Vehicles and Traffic", Sections 18-286, 18-293, and 18-299. Removed from the Consent Agenda to be considered separately at the request of Councilman Drennan.

  Councilman Drennan stated this is a needed Ordinance, but the parking changes on N. 4th St. are of concern to him; then moved to approve the Ordinance, but delete the parking changes as reflected in the Ordinance on N. 4th St. 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 30-1997 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.

4.1 There was no motion to remove the Oral Resolution approving lease agreement for a library storefront from the table. The general consensus of the Council was to wait until after this afternoon's worksession on the Library before making a decision on this item; therefore it remains on the table.

  4.2 Wanda Merritt, Economic Development, briefed the Council on a Resolution approving the FY 1997/98 one year action plan for CDBG and HOME programs and CDBG & HOME funding guidelines.

  Mayor McCaleb explained the difference between this type of public hearing versus typical public hearings, and assured the audience the Council is well informed on the issues. This public hearing is not for the purpose of having the issues re-introduced, but for additional unknown information. The Mayor, with the approval of the Council, recommended that each of the different entities which have requested to speak designate one representative speaker instead of multiple speakers in consideration of others wanting to speak. The organizations and their representatives giving presentations were as follows:

  Non-Profit Resource Center - Norman Archibald

Medical/Dental Program - Larry Johnson

Hope Haven - Belinda Cook

Call for Help - Walter Graham

Boys & Girls Clubs - Melinda Cunningham

Mend-A-Child - Cheryl Bacon

Day Nursery of Abilene - Cynthia Pearson

 Others who spoke:

Councilwoman Martinez moved to approve the Resolution for the FY 1997/98 one year action plan for use of CDBG and HOME investment partnership program funds and CDBG & HOME funding guidelines; adopting the ad-hoc committee recommendations on Public Service activities and staff recommendations on non-public activities and fund the Boys & Girls Clubs at $13,000, the Day Nursery at $4,000, and Hope Haven at $6,500. The motion was seconded by Councilman Beckham.

AYES: Councilman Vasquez, Councilwoman Martinez, Councilman Beckham.

NAYS: Councilmen Drennan and Ferguson, Councilwoman Alexander, and Mayor McCaleb.

The motion failed.

Mr. McDaniel stated that based on estimate, there is $2,000 left, but staff has a balanced budget based on Council decisions from previous sessions. Operating funds need to stay under the City umbrella. Each year agencies are told that funding may end.

Mayor McCaleb stated that ultimately we need a balanced budget. The CDBG and HOME program funds have minimum requirements set to be used to benefit low and moderate income persons and to be used for support efforts of CHDO.

  Councilman Beckham stated the committee recommended several cuts and additions. Councilwoman Martinez' motion reflected those made by the committee.

  Councilman Ferguson prefers direct funding as opposed to indirect, which would raise taxes to provide funds to non-profits; cut service or pay for it through taxes.

  Councilman Vasquez stated his appreciation for the work of the committee, and questioned staff on not accepting committee recommendations when the Council and Mayor have stated what programs are needed. He then asked how we get programs out of CDBG to be considered in the General Fund. He stated for the record that it is important that the agencies very clearly understand that funding cannot be considered on-going.

  Mike Morrison, Assistant City Manager, explained that the Community Development program was originally created to redevelop neighborhoods with the local governments establishing priorities for CDBG. The committee was to provide input to staff and then staff to the City Manager, who balances the entire City budget.

  Councilman Drennan is concerned that funding is for operational support, and thought CDBG was for capital support.

  Mayor McCaleb suggested we allocate CDBG for this year and if funding is received, it is not indicative of the importance of one program over another program.

  Councilman Ferguson moved to approve the Resolution for the FY 1997/98 one year action plan for CDBG and HOME programs and CDBG & HOME funding guidelines, as recommended by staff. The motion was seconded by Councilwoman Alexander and the motion carried.

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

NAYS: Councilwoman Martinez.

  The Resolution is numbered 24-1997 and is captioned as follows:

  A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ABILENE, TEXAS, APPROVING THE FY 1997/98 ONE-YEAR ACTION PLAN FOR USE OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIPS PROGRAM (HOME) FUNDS.

4.3 and 4.4 James Condry, Assistant Director of Public Works, briefed the Council on an Oral Resolution approving Street Use License requests from Hendrick Medical Center for the use of Simmons Street right-of-way; and an Oral Resolution approving a Street Use License request from Hendrick Medical Center for the use of Hickory Street right-of-way. Staff recommends approval.

Councilman Drennan moved to approve by Oral Resolution the Street Use License request from Hendrick Medical Center for use of Simmons Street right-of-way, and the Street Use License request from Hendrick Medical Center for use of Hickory Street right-of-way 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.

ABSTAIN: Councilman Vasquez, due to his employment with Hendrick Medical Center.

4.5 Cassie Hughes, Building Official, briefed the Council on an Ordinance considered on second and final reading adopting amendments to Chapter 29.5, "Swimming Pools and Spas", Sections 29.5-21, 15.3 of the Abilene Municipal Code. The MPE/Swimming Pool Board of Appeals 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.

Councilwoman Alexander moved to approve the Ordinance adopting amendments to Chapter 29.5, "Swimming Pools and Spas", Sections 29.5-21, 15.3 of the Abilene Municipal Code, as recommended by the 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 31-1997 and is captioned as follows:

4.6 Cassie Hughes, Building Official, briefed the Council on an Ordinance considered on second and final reading Ordinance adopting revisions to 1994 Uniform Building Code, Chapter 31, regarding temporary buildings or structures. The board of Building Standards 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.

Councilwoman Martinez moved to approve the Ordinance adopting revisions to 1994 Uniform Building Code, Chapter 31, regarding temporary buildings or structures, as recommended by the 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 32-1997 and is captioned as follows:

Council took a brief break at 11:30 a.m.

 Bid Awards

4.7 Mike Morrison, Assistant City Manager, briefed the Council on an Award of Bid to Epic Construction in the amount of $1,870,000 for Construction of the T & P Freight Warehouse, Bid #CB7049. Mr. Morrison then introduced Kris Southward, TIF Board member, who gave a formal recommendation of the TIF Board that Council adopt the total project. TIF Board member Syd Niblo noted the project is located in an expensive area of restoration.

  Councilman Ferguson moved to approve by Oral Resolution the Award of Bid to Epic Construction, the low bidder, in the amount of $1,870,000 for Construction of the T & P Freight Warehouse, Bid #CB7049. The motion was seconded by Councilwoman Alexander and the motion carried.

AYES: Councilman Vasquez, Councilwoman Martinez, Councilman Ferguson, Councilwoman Alexander, and Mayor McCaleb.

NAYS: Councilmen Drennan and Beckham.

 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; then recessed the Council to the Basement Conference Room for the Worksession on the Library Review Panel report and possible bond issues.

  5.3 The Council reconvened for the Worksession. Mayor McCaleb explained the purpose of the session and expressed a deep appreciation for the Citizens Library Review Panel's work, stating no action will be taken today. Mayor McCaleb then introduced the panel's chair, Ed Patton and Vice Chair, Laura Moore. To help clear up any misunderstanding citizens might have concerning the library project, Mr. Patton defined "pilot" versus "branch", stating a pilot is a test for a branch - not the final solution. Mr. Patton further stated the panel feels the recommendations before the Council are just and good.

  Mayor McCaleb stated that any decision pertaining to the location of the pilot was not intended to be a permanent location of the branch.

  Councilman Drennan inquired if the committee feels the Central Library project should be site specific: Mr. Patton stated that the panel had been polled, and each had their own opinion, but felt the voters would prefer a specific site. Councilman Drennan then asked if going forth with the pilot would affect the central library, and Mr. Patton stated that branches are complimentary to the central library. The panel thought a pilot would be operating by now, but since that is not the case, they felt the public would be disappointed if a pilot doesn't happen.

  Mr. McDaniel stated staff needs to know if there will be a bond election, when, for how much, if there will be other projects included on the ballot, and the location of the central library.

  Mike Hall, Director of Community Services, stated several years ago several sites were looked at for this project, but at this time it was determined this site was the best. The project estimate is $10,500,000. Mr. Hall showed an overhead sketch of the proposed building on the Cypress Street location and stated he feels the panel thinks the Greyhound area should be purchased; needed parking is a major issue.

  David Wright, Director of Finance, distributed to the Council an estimate of the effect on the average homestead for the $10,500,000 bond project:

Sharon Hicks, City Attorney inquired about a bond election date, then briefed the Council on possible dates and time schedules that would need to be adhered to. Mr. Patton suggested October; Ms. Moore suggested allowing enough time to educate the public. City Secretary Jo Moore informed the Council that the bond election could be held in conjunction with the November 4 Constitutional Amendment election. The general consensus from the Council is that the project should stand alone.

Mr. Ivan Shelton stated the Panel did a good job, but just did not go far enough; four buildings downtown were all that were checked on. He proposed a look at the old southside WalMart, the old United Grocery on Judge Ely and E. S. 11th, the old Ambers store, and two six-acre tracts on S. 7th St.

Mr. Patton stated the Panel did look at the WalMart site, but decided it was not a central location and is all on one floor.

Councilman Drennan suggested getting approval for the library, then finding a site. Mr. Patton stated the public will think negatively of that and since we have the property, he suggested we use it.

Mr. McDaniel stated that having received Council's input, an October Bond Election date will be considered for a $10,500,000 central library, possibly acquiring Greyhound property as a portion of the site specific location.

The library storefront pilot project remains on the table and will be considered at a later date.

Councilman Vasquez stated that the word that this is a "pilot" project needs to get out to the public to clear up the notion that a permanent branch is being established.

There being no further business, the meeting was adjourned at 1:26 p.m.

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