PRE-COUNCIL WORK SESSION, THURSDAY
September 9, 1999, 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 September 9, 1999, at 8:30 A.M. in the Basement Conference Room of City Hall. Mayor Grady Barr was present and presiding with Councilmen Paul R. Vasquez and A. Don Drennan, Councilwoman Carol Martinez, Councilmen Rob Beckham and Versie L. Brown, Jr., 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, and various members of the City staff.
The Council discussed various consent and regular agenda items, including: Item 4.1, Oral Resolution approving street use license request from Hispanic Leadership Council to conduct "Festival of Americas" event on September 24-25, 1999. City Manager Roy McDaniel stated no City funding is needed, the request is for the City to furnish barricades at a price and then put up and take down the barricades. Councilwoman Martinez stated the request is for the barricades to be put up by the City, maintained by the Festival of the Americas, and taken down by the City. Councilman Drennan questioned timing and objections to blocking off businesses; Councilwoman Martinez replied the Downtown Association and businesses are aware of the plans. Councilman Vasquez asked if the City will not be responsible for barricades from now on. Mr. McDaniel stated he would prefer the City not be involved in providing barricades, and that the Council would need to determine how much responsibility and sponsorship they want to be involved in with these types of events. Council discussed the need for a policy and who should be involved in drafting the policy. Mr. McDaniel stated solutions will be looked at and a draft policy will be brought to the Council at a future date. Under Item 4.3, David Wright, Director of Finance, distributed a change to the revised 1998-99 Health Services Fund in the amount of $37,500 additional expenditures for the hepatitis vaccine. Mr. Wright noted only the health fund and not the general fund is affected by this change. 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
September 9, 1999, 9:00 A.M.
CITY COUNCIL OF THE CITY OF ABILENE, TEXAS
CITY COUNCIL CHAMBERS OF CITY HALL
Mayor Barr reconvened the City Council of the City of Abilene, Texas, into Regular Session September 9, 1999, at 9:00 a.m. in the City Council Chambers of City Hall.
Councilwoman Carol Martinez gave the invocation.
Pledge of Allegiance was led by Molly McCoy, 5th grader and Casey Green, 4th grader, both from Taylor Elementary. Molly and Casey were accompanied by their principal, Cam Hurst and Molly's mother, Debbie McCoy.
Jo Moore, City Secretary, assisted Mayor Barr in the presentation of the Employee Service Awards as follows:
20 Years, Karen Ehrie, Library Assistant I, Library
20 Years, William Robinson, Supervisor II, Equipment Services
20 Years, Michael E. Scott, Heavy Equipment Operator II, Water Distribution
20 Years, Pierce Mooney, Maintenance Worker I, Airport
20 Years, Tony Golson, Police Officer, Police
20 Years, Leonard Hudson, Police Officer, Police
20 Years, James M. Phipps, Police Sergeant, Police
20 Years, Jerry D. Scott, Police Officer, Police
20 Years, Charles K. Vickers, Police Sergeant, Police
20 Years, David Watkins, Police Sergeant, Police
20 Years, Jimmy English, Police Officer, Police
Mayor Barr, assisted by City Manager Roy McDaniel, presented the Employee of the Quarter Award to Richard Church, Bus Driver for Senior Citizens.
Bob Putnam, Fire Chief, introduced David Williams, Emergency Vehicle Technician, who was then presented an Emergency Vehicle Technician National Award by Larry Garcia and Terry Slaton, members of the Texas Association of Emergency Vehicle Technicians.
Mayor Barr presented the following Proclamations:
September 15 - October 15 as Hispanic Heritage month; and
September 13-17 as Try Transit Week.
DISPOSITION OF MINUTES
Councilwoman Alexander moved approve the minutes of the August 26, 1999 Pre-Council and Council Meeting. Councilwoman Martinez seconded the motion and the motion carried.
AYES: Councilmen Vasquez and Drennan, Councilwoman Martinez, Councilmen Beckham and Brown, Councilwoman Alexander, and Mayor Barr.
NAYS: None.
CONSENT AGENDA
Councilman Vasquez moved to approve consent agenda items 3.1 through 3.5, approval of first reading of items 3.6 through 3.8, and approval of final reading of item 3.9 as recommended by staff. Councilwoman Alexander seconded the motion and the motion carried.
AYES: Councilmen Vasquez and Drennan, Councilwoman Martinez, Councilmen Beckham and Brown, Councilwoman Alexander, and Mayor Barr.
NAYS: None.
Resolutions
3.1 Oral Resolution approving the 9-1-1 Emergency Communications District revised FY 1998/99 and proposed FY 1999-2000 budgets with the condition that the $23,500 set aside to pay the salary of an additional dispatcher for the Taylor County Sheriff's office not be expended until such time as the 9-1-1 rural dispatching duties are transferred completely to the Sheriff's office.
3.2 Oral Resolution authorizing the City Manager to accept a Grant from the Federal Aviation Administration in the amount of $503,098 for Passenger Terminal renovation and expansion project at Abilene Regional Airport.
Ordinances
3.6 Approval of first reading - Z-04199 - Rezone from MH (Mobile Home) to HC (Heavy Commercial) zoning district located at 334-548 Ambler, and set a public hearing for September 23, 1999 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.
3.7 Approval of first reading - Z-04399 - Rezone from RS-6 (Residential Single Family) to MH (Mobile Home) zoning district located at 5934 Fairmount, and set a public hearing for September 23, 1999 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.
3.8 Approval of first reading -Z-04699 - Amend PDD-45 concerning site plan, and set a public hearing for September 23, 1999 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. 68-1986 CONCERNING THE PDD #45 PLANNED DEVELOPMENT DISTRICT; DECLARING A PENALTY AND CALLING A PUBLIC HEARING; AND AN EFFECTIVE DATE.
The Ordinance is numbered 45-1999 and is captioned as follows:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ABILENE, TEXAS, AMENDING CHAPTER 30, "TAXATION" OF THE ABILENE MUNICIPAL CODE; PROVIDING FOR A PENALTY, SEVERABILITY CLAUSE, AND EFFECTIVE DATE.
REGULAR AGENDA
Resolutions
Mayor Barr stated he was asked by the Hispanic Leadership Council to provide barricades, the street use license fee, and part of the Civic Center for a banquet, but he recommended a foundation or an underwriter be contacted due to City budget restraints. Mayor Barr also stated a policy needs to be in place prior to the next request of this sort.
Councilwoman Martinez publicly thanked Mayor Barr for contacting a foundation and putting the Hispanic Leadership Council in contact with that foundation, who underwrote the festival, which funds scholarships for Hispanic youth.
Mayor Barr stated in the future, a committee should be appointed to look at solutions and recommendations for these types of requests.
Roy McDaniel, City Manager, stated the City has been looking at this for a couple of years, and that the meetings to look at solutions will be reactivated with the Mayor and Council invited to attend.
Mayor Barr asked Councilwomen Martinez and Alexander to serve on this committee.
Councilman Vasquez stated the Hispanic community has experienced growth processes and that any recommendations or ideas in support of this growth are appreciated. Councilman Vasquez stated his appreciation to Mayor Barr, and noted that a solution to clear up involvement decisions is needed in the form of a policy.
Councilman Brown moved to approve by Oral Resolution a street use license request from the Hispanic Leadership Council to conduct the "Festival of Americas" event on September 24-25, 1999, as recommended by staff. Councilwoman Martinez seconded the motion and the motion carried.
AYES: Councilmen Vasquez and Drennan, Councilwoman Martinez, Councilmen Beckham and Brown, Councilwoman Alexander, and Mayor Barr.
NAYS: None.
Mayor Barr stated he predicts Ft. Phantom will spill in 1999, and that the Council owes it to the citizens to commit to this study to find more water, and testing needs to be done to see if Lake Fort Phantom can be dredged.
Councilman Drennan stated funding should go toward looking at updating our time schedule and a cost study in bringing water from O. H. Ivie reservoir versus spending dollars for a dredge lake study, although that may need to be done eventually.
Mayor Barr noted concerns about the time frame in acquiring land through condemnation for the Ivie project, and stated if dredging Ft. Phantom won't work, a cost study on moving the dam might be next.
Council's discussion and questions included: staff time that would be involved in the study, whether this is the best time to do the study, how long the Ivie pipeline would take to install, the cost to dredge Ft. Phantom, and the need to determine the type of soil in Ft. Phantom prior to dredging.
Mr. Hargesheimer stated the current Coordinated Use Plan needs to be updated, but he feels we need to wait till the drought period is over to do that update.
Mr. McDaniel stated that staff has previously looked at and planned for the future, and reviewed the history of studies of Phantom and other sources for water. Mr. McDaniel further stated we need to work through the situation, and that we still have options to look at before we spend money on utilizing Ivie, although some things toward that goal have already been accomplished. Mr. McDaniel noted we have a plan, and we do need to review the plan but we also need to stay on course.
Alvin Mitchell, owner of a local computer business, resident at Ranch Ft. Phantom, stated in his opinion the study needs to be done.
Pat Addison, 1209 Albany Street, stated action is needed and that deepening and dredging the lake should be done. Ms. Addison also stated Hispanic Community recognition is needed.
Councilman Beckham asked Mr. Hargesheimer if he can say that we would learn nothing from this study.
Mr. Hargesheimer replied the net water supply will not be increased much if the capacity is increased, that Ft. Phantom can be dredged, but there is a cost involved in creating water.
Councilman Beckham stated the operating policy is to use Ft. Phantom & Hubbard together, that the cost of this study should compare to the pumping cost from Hubbard, and questions such as the cost to dredge Ft. Phantom should be answered through this study, but if the study will not accomplish that, then funds should not be allocated for the study.
Mr. Hargesheimer replied the volume of spills study has not been done since 1974, and this study would do that.
Mr. Hargesheimer reviewed the proposal from Freese & Nichols and explained the scope of services.
Councilwoman Alexander stated previous Councils and staff have studied these issues and have done a good job in considering the water needs of Abilene.
Councilman Beckham moved to approve by Oral Resolution the letter of agreement from Freese & Nichols to study ways of increasing the yield of Lake Fort Phantom Hill, but to postpone the portion of the proposal that reads, "#5, conduct operation studies of different operation policies for Lake Ft. Phantom Hill and Hubbard Creek Reservoir to determine the impact of various policies on reliable supplies from the two lakes, elevations in Lake Fort Phantom Hill, and pumping costs borne by Abilene" until the present drought cycle ends and more current data can be used to refine the revised coordinated use plan.
AYES: Councilmen Vasquez and Drennan, Councilwoman Martinez, Councilmen Beckham and Brown, Councilwoman Alexander, and Mayor Barr.
NAYS: None.
Ordinances
4.3 David Wright, Director of Finance, briefed the Council on an Ordinance approving the Revised 1998-99 Budget and Proposed 1999-2000 Budget and an Ordinance authorizing updated service credits at 100% to Texas Municipal Retirement System (TMRS); and an Ordinance setting the FY 1999-2000 tax levy. Mr. Wright explained one public hearing can be held on these items, but they will need to be voted on separately. Mr. Wright noted the Health Services Fund correction as distributed and discussed in Pre-Council session.
Mayor Barr opened a public hearing on the items, and the following individual spoke:
Bennie Whitehead, 725 Green Valley Drive, is opposed to the tax increase, concerned about the impact to elderly property owners on fixed incomes.
There being no one else present and desiring to be heard, the public hearing was closed.
Roy McDaniel, City Manager, stated there is a homestead exemption, and an over 65 exemption that would benefit the elderly property owners. Mr. McDaniel further stated that since 1992 taxes have either gone down or stayed the same and that the primary tax increase is due to the bond issue approved by the voters, which included the Senior Citizens Center.
Councilwoman Martinez moved to approve the Ordinance approving the Revised 1998-99 Budget and Proposed 1999-2000 Budget and an Ordinance authorizing updated service credits at 100% to Texas Municipal Retirement System (TMRS); as recommended by staff. Councilwoman Alexander seconded the motion and the motion carried.
AYES: Councilman Vasquez, Councilwoman Martinez, Councilmen Beckham and Brown, Councilwoman Alexander, and Mayor Barr.
NAYS: Councilman Drennan.
The Ordinance is numbered 46-1999 and is captioned as follows:
AN ORDINANCE APPROVING REVISED BUDGET FIGURES FOR FISCAL YEAR 1998-99; APPROVING AND ADOPTING BUDGET FOR THE FISCAL YEAR OCTOBER 1, 1999, THROUGH SEPTERMBER 30, 2000, FOR THE CITY OF ABILENE; APPROPRIATING FUNDS; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; CALLING A PUBLIC HEARING.
The Ordinance is numbered 47-1999 and is captioned as follows:
AN ORDINANCE AUTHORIZING AND ALLOWING, UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM, "UPDATED SERVICE CREDITS" IN SAID SYSTEM FOR SERVICE PERFORMED BY QUALIFYING MEMBERS OF SUCH SYSTEM WHO PRESENTLY ARE IN THE EMPLOYMENT OF THE CITY OF ABILENE; AND ESTABLISHING AN EFFECTIVE DATE FOR SUCH ACTIONS.
Councilman Vasquez moved to approve the Ordinance setting the FY 1999-2000 tax levy at 56.21 cents, as recommended by staff. Councilwoman Alexander seconded the motion and the motion carried.
AYES: Councilman Vasquez, Councilwoman Martinez, Councilmen Beckham and Brown, Councilwoman Alexander, and Mayor Barr.
NAYS: Councilman Drennan.
The Ordinance is numbered 48-1999 and is captioned as follows:
AN ORDINANCE OF THE CITY OF ABILENE, TEXAS, APPROVING THE ASSESSMENT ROLL FOR 1999, LEVYING AN AD VALOREM TAX FOR THE CITY OF ABILENE, TEXAS, FOR THE YEAR 1999; PROVIDING FOR THE ASSESSMENT AND COLLECTION THEREOF; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE.
Other Business
Mayor Barr recessed the Council into executive session pursuant to Sections 551.071, 551.072, and 551.074 of the Open Meetings Act, to seek the advice of the City Attorney with respect to pending and contemplated litigation, to consider the appointment and evaluation of public officers, and to consider the purchase, exchange, lease or value of real property.
Councilman Vasquez left the meeting at 12:00 noon.
The Council reconvened from executive session and reported no action taken.
Councilman Drennan moved to approve Mayor Barr's appointment of Farris Neil to the MPE Board of Appeals Electrical Subcommittee, term expiring 5/2000. Councilwoman Martinez seconded the motion and the motion carried.
AYES: Councilman Drennan, Councilwoman Martinez, Councilmen Beckham and Brown, Councilwoman Alexander, and Mayor Barr.
NAYS: None.
5.4 Sharon Hicks, City Attorney, briefed the Council on staff recommendation for the appointment of Margaret Turner as an Assistant City Attorney, effective September 28, 1999.
Councilwoman Alexander moved to approve the appointment of Margaret Turner as an Assistant City Attorney, effective September 28, 1999, as recommended by staff. Councilman Brown seconded the motion and the motion carried.
AYES: Councilman Drennan, Councilwoman Martinez, Councilmen Beckham and Brown, Councilwoman Alexander, and Mayor Barr.
NAYS: None.
5.5 Roy McDaniel, City Manager, recommended Council approve by Oral Resolution the purchase of property located at N. 2nd and Grape Streets (1726 N. 2nd Street) in downtown Abilene for the location of the new Central Fire Station in the amount of $28,000.
Councilwoman Martinez moved to approve by Oral Resolution the purchase of land at 1726 N. 2nd Street for the location of the new Central Fire Station, which was approved at the recent bond election, in the amount of $28,000, as recommended by staff. Councilman Brown seconded the motion and the motion carried.
AYES: Councilman Drennan, Councilwoman Martinez, Councilmen Beckham and Brown, Councilwoman Alexander, and Mayor Barr.
NAYS: None.
There being no further business, the meeting was adjourned at 1:10 p.m.
Jo Moore, City Secretary
Grady Barr, Mayor