City of Abilene

CITY COUNCIL MEETING

March 8, 2001, 8:30 A.M.

CITY COUNCIL OF THE CITY OF ABILENE, TEXAS

CITY COUNCIL CHAMBERS OF CITY HALL

The City Council of the City of Abilene, Texas, met in Regular Session on March 8, 2001, at 8:30 a.m. in the City Council Chambers of City Hall. Mayor Grady Barr was present and presiding with Councilmen Norm Archibald, Kris Southward, Victor G. Carrillo, Rob Beckham, Versie L. Brown, Jr., and Councilwoman Kay Alexander. Also present were City Manager Roy L. McDaniel, Assistant City Manager Michael Morrison, City Attorney Sharon Hicks, City Secretary Jo Moore, and various members of the City staff.

Councilman Norm Archibald gave the invocation.

Pledge of Allegiance was led by Ricky Stevenson, a fifth grader at Lee Elementary who was accompanied by his principal, Ladessa White.

Jo Moore, City Secretary, assisted Mayor Barr in presenting the following Employee Service Awards:

35 Years, Charles W. Parker, Maintenance Worker II, Refuse Collection

30 Years, Henry Davila, Jr., Fire Lieutenant, Fire Department

30 Years, Joe L. Middleton, Fire Fighter, Fire Department

20 Years, Donald R. Brown, Police Officer, Police Department

20 Years, Rick D. Dorman, Police Officer, Police Department

20 Years, David R. Gilbreath, Lake Patrol Officer, Water Department

20 Years, Richard W. Woodard, Police Officer, Police Department

Mayor Barr presented the following Proclamations:

March "National Athletic Trainers Month 2001", and

March 8 as "White Cane Day"

Mayor Barr asked Mr. McDaniel to introduce the Streets & Drainage Services division presentation. Mr. McDaniel introduced Jerry Garcia, Streets Superintendent. Mr. Garcia introduced Joann Bilski of the Streets & Drainage Services division. Following Mr. Garcia's presentation, Mr. McDaniel stated Council made a decision in 1981 based on economics not to stay in the street construction business, but continue to repair, maintain, and do minor construction. Mr. McDaniel continued by stating today due to the price of equipment it is still not cost effective for Abilene to do major street construction.

Council suggested taking advantage of and optimizing the many employee talents as seen through the presentation today, and stated how rewarding it is to see such accomplishments as presented today.

No Council action was required.

DISPOSITION OF MINUTES

Mayor Barr stated the February 22, 2001 Pre-Council and Council minutes will be submitted for council approval along with the minutes from today's council meeting at the March 22 meeting.

CONSENT AGENDA

Council was distributed memos from staff on items 3.8 and 3.9, indicating staff's approval of item 3.8 and Planning & Zoning having tabled item 3.9, thus removing it from today's agenda. Councilman Archibald moved to approve consent agenda items 3.1 through 3.7, as recommended by the staff and approval of first reading of item 3.8. Councilwoman Alexander seconded the motion and the motion carried.

AYES: Councilmen Archibald, Southward, Carrillo, Beckham, Brown, Councilwoman Alexander, and Mayor Barr.

NAYS: None.

Resolutions:

    1. Resolution appointing election officials for May 5, 2001 City General Election, and fixing rate of compensation.
    2. The Resolution is numbered 6-2001 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 FOR THE MAY 5, 2001; CITY GENERAL ELECTION.

    3. Oral Resolution approving and authorizing the Mayor to execute a street use license request from Schkade Brothers Operating Company for the purpose of installing and maintaining an underground pipeline in the Anson Avenue right-of-way.
    4. Resolution in support of transportation improvements for Dyess Air Force Base North entrance.
    5. The Resolution is numbered 7-2001 and is captioned as follows:

      A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ABILENE TEXAS, SUPPORTING TRANSPORTATION IMPROVEMENTS TO SERVE THE DYESS AFB NORTH ENTRANCE.

    6. Resolution approving an amendment to the Transportation System Management Services Contract and Agreement.
    7. The Resolution is numbered 8-2001 and is captioned as follows:

      A RESOLUTION OF THE CITY COUNCIL THE CITY OF ABILENE TEXAS, AMENDING THE TRANSPORTATION SYSTEM MANAGEMENT SERVICES CONTRACT AND AGREEMENT.

    8. Oral Resolution approving and authorizing the City Manager to execute a professional engineering service contract with Jacob & Martin, Inc. to design and prepare plans and specification for water utility system projects not to exceed $232,000 and surveying as needed on an hourly basis for a fee not to exceed $56,500.
    9. Oral Resolution authorizing payment to Starks Construction for emergency sanitary sewer line installation in the amount of $14,576.72.
    10. Bid Awards:

    11. One aerial platform apparatus for the Fire Department, Bid #CB-1024. The bid was awarded to Sutphen Corporation in the amount of $632,117, as recommended by staff.
    12. Ordinances:

    13. Approval of first reading - Z-005400 - Amend PDD-45 property located on Frenchman's Creek Road to allow storage buildings, and set a public hearing for March 22, 2001 at 8:30 a.m.
    14. 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.

    15. Z-00801 - Rezone from AO (Agricultural Open Space) to MH (Mobile Home) zoning district property located at 9833 West Lake Road. Removed from today's agenda as a result of the Planning & Zoning Commission having tabled the item at their March 5, 2001 meeting.

REGULAR AGENDA

Resolutions:

4.1 Assistant City Manager Michael Morrison briefed the Council on an Oral Resolution approving architectural services contract for City Hall and Cypress Plaza renovation. Mr. Morrison stated since 1987, reuse of space in the City Hall building has been examined several times. In 1998, the City Council authorized a space allocation study to determine the most advantageous location for the Emergency Operations Center and to establish long-range plans for use of space in City Hall and at the Cypress Plaza building. The most effective use of space at the best cost is of prime consideration as this project is considered. In order to provide more precise cost estimates and to develop a scheme to allow the maximum flexibility in timing and total cost of the project, staff is proposing an architect develop detailed plans and specs for all phases of the project (basement renovation, Cypress Plaza renovation, development services consolidation, and departmental relocation). This will enable staff and the Council to view the total project with its associated costs. Staff recommends approval of an architectural services contract with CADCO for a fee of 7.5% of the projected bid price plus the estimated cost of the various bid alternates for a maximum cost of $135,000. The plans and specs developed will provide for several bid alternates and phasing schedules to allow maximum flexibility in deciding the final scope of the project.

Mayor Barr outlined his understanding of the project as follows: 1) before the Council today is Step 1, hiring of the architect, 2) consideration will be given to going through Phase 1 & 2 at an estimated maximum budget of $1,300,000 and 3) Phase 3 will be considered at a cost of $465,000. Mayor Barr recommended capping the architect's fee not to exceed the total budget of $1,765,000 at the 7.5%, which would be $132,375.00.

Council and staff discussion included the Mayor's recommended cap eliminating the possible incentive to increase the size of the project, having CADCO submit a cost to include the proposed uses but with no renovation to the basement, alternates to be brought back to Council, and the architectural firm selection process.

Councilwoman Alexander moved to approve by Oral Resolution the architectural services contract with a cap of $132,375.00 for the City Hall and Cypress Plaza renovation. Councilman Beckham seconded the motion and the motion carried.

AYES: Councilmen Archibald, Southward, Carrillo, Beckham, Brown, Councilwoman Alexander, and Mayor Barr.

NAYS: None.

4.2 David Wright, Director of Finance, briefed the Council on a Resolution directing publication of Notice of Intention to Issue Combination Tax and Revenue Certificates of Obligation, Series 2001.

Mr. Wright stated on the first page of the 2001 CO potential projects handout under the Municipal Facilities, the Auditorium Stage Lighting is for the Civic Center and should have been so noted. Due to that oversight, the Resolution and the Notice of Intention to Issue Combination Tax and Revenue COs, Series 2001, have been corrected to include the words "Civic Center".

Mr. Wright read a portion of the letter from bond counsel in response to Council's questions concerning shifting dollars from one project to another. The letter noted moving dollars from one project to another project stated in the Notice can be done but the Attorney General is very specific that Municipal Facilities be identified. Mr. Wright stated all of the noted projects, being bid projects would come back to Council for approval.

Council and staff discussion included: the wording in the Notice of Intention having to be specific in naming facilities but not streets, etc., Cypress Plaza being included in the Notice solely to allow Council flexibility if needed, opposition to authorizing $1.1 million without cost figures, the additional cost of issuance if projects are split up in separate CO sales, going to market more than once a year being perceived by the lenders as a negative, the number of projects not being funded, public input received on projects being funded and needing to be funded, the cost to increase the number of concrete intersections, and the cost of park restroom facilities.

Councilman Beckham made a motion to approve with corrections as submitted by staff the Resolution and Notice of Intention to Issue Combination Tax and Revenue Certificates of Obligation, Series 2001. Mr. Beckham reiterated to staff that approval of this item does not bind Council to the renovation of the City Hall basement project. Councilwoman Alexander seconded the motion and the motion carried.

AYES: Councilmen Archibald, Carrillo, Beckham, Brown, Councilwoman Alexander, and Mayor Barr.

NAYS: Councilman Southward.

4.3 Dwayne Hargesheimer, Director of Water Utilities, briefed the Council on an Oral Resolution approving a professional service contract amendment with Freese & Nichols, Inc. for the O. H. Ivie water system project. The original contract of $2,644,150.00 is being revised to $2,882,710.62. Additional funds will come from the Projects Fund for the O. H. Ivie project. Staff recommends that by oral resolution the City Council authorize the City Manager to execute a contract change authorization with Freese & Nichols, Inc. that reflects the revised contract modification for an amount not to exceed $2,882,710.62.

Mayor Barr stated prior to hearing this item which does require Council action, a report which will not require Council action will be presented by Ken Martin of Jacob & Martin, Inc. regarding USDA Rural Development funding assistance.

Mr. Martin briefed the Council on actions taken in submitting the appropriate documents to the local and state offices for USDA Rural Development assistance. Mr. Martin referenced a letter received by the City Manager on March 7 from USDA Rural Development. Mr. Martin stated the letter is not a positive one, addresses requirements that can be met but poses a timing problem and the letter recommends that although the City has proposed to continue with its construction bidding timetables that no action be taken until USDA Rural Development has had reasonable time to review the proposed actions.

Mayor Barr reiterated that the application submitted was on behalf of the rural communities. The Mayor then briefed the Council on actions that had been taken, and recommended postponing advertising for bids for 30 days, stating he believes we'll have an answer by then.

Council concerns and questions included: having to accept both the 50% grant and 50% loan, there being no benefit to the small communities if less than a 50% grant is received, USDA Rural Development assistance being intended for rural areas, when the USDA decision will be made, grants being intended to assist in reducing water cost, comparing the rural water systems and rural water cost to Abilene being unfair, supplemental information to be submitted to USDA on the comparison differences and the City's water conditions for the upcoming summer.

Mayor Barr asked City Attorney Sharon Hicks for direction to Council in this matter. Ms. Hicks replied no Council action is needed today, but that it is understood the advertising for bids will be delayed for 30 days.

Mr. Hargesheimer stated Kay Bailey Hutchinson's office has indicated funding may be available for the treatment plant and if so processing of that application will take place soon.

Following Mr. Martin's report, the briefing on the Freese & Nichols, Inc. professional services contract was resumed with Mr. Lee Freese of the Fort Worth firm addressing the Council. The request for the original contract of $2,644,150.00 to be revised to $2,882,710.62 is based on the discovery when soil cores for the main lake pump station site were being drilled, the preliminary samples showed much more extensive geotechnical exploration being needed.

Mayor Barr expressed great respect for Freese & Nichols, Inc. but based on a contractor's perspective, the Mayor stated concerns on consideration being given to an amendment of a contract prior to the work being completed. The Mayor then suggested Council consider tabling this item until the end of the project at which time any necessary contract change authorization can be presented to Council for their consideration.

Councilman Beckham made a motion to table the Oral Resolution approving a professional services contract amendment with Freese & Nichols, Inc. for the O. H. Ivie project. Councilman Carrillo seconded the motion and the motion carried.

AYES: Councilmen Archibald, Southward, Carrillo, Beckham, Brown, Councilwoman Alexander, and Mayor Barr.

NAYS: None.

Mayor Barr recessed the Council into executive session pursuant to Sections 551.071, 551.074, and 551.072 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.

The Council reconvened from executive session and reported no action taken.

There being no further business, the Council was reconvened to the Basement Conference Room of City Hall for the Council Workshop.

CITY COUNCIL WORKSHOP

Council reconvened in the Basement Conference Room for the City Council Workshop at 11:40 a.m.

Roy McDaniel, City Manager, and Michael Morrison, Assistant City Manager, noted the issues for the Council discussion today include the summary from the Council retreat, issues identified by past Councils, and each department director's top three critical issues. Before reviewing the critical issues, Mr. Morrison informed Council that a Comprehensive List of Critical Issues from the department directors will be provided to Council, and Mr. Morrison noted some are multi-year issues.

Critical Issues (Retreat):

A committee will be appointed, with Councilman Archibald agreeing to serve as chair to develop a new Mission Statement.

Mr. Morrison continued with the summary of issues from the Council retreat as follows:

Mr. McDaniel addressed critical issues identified by past Councils, noting that issues do change. Mr. Morrison explained the past process for identifying critical issues.

Critical Issues (Identified by past City Council)

Critical Issues (Identified by staff)

Mr. Morrison reviewed the issue of public safety, and the emergency management program.

Public Safety

Council questioned funding needed for these issues. Mr. Morrison stated cost and options would need to be determined, time frames considered and our communication system defined. Mr. McDaniel stated the #1 priority is to look for funding through grants.

Infrastructure, Community Planning, and Economic Development

Council discussed the Comprehensive plan being updated and how an update could diminish staff workload.

Airport Manager Rick Crider will bring a pilot presentation of the Airport Master Plan to Council the last part of April 2001.

Customer Service

Mr. Morrison noted the benefits to cross train staff (group functions) versus the one stop shop theory.

Workforce

Fire Chief Bob Putnam briefed the Council on the history and current situation regarding the number of Fire Department employees eligible to retire and the benefits of hiring graduates of a fire academy operated by Texas State Technical College versus the City operating their own academy.

Police Chief Melvin Martin briefed the Council on the police academy process, and the difference between a police and fire academy. Chief Martin then addressed the shortage in the current Police Department workforce.

City Attorney Sharon Hicks gave legal & liability reasons for operating our own Police Academy, noting one liability issue in which the state requirements are currently being exceeded by our academy is in the area of training. Chief Martin stated that there has been no arbitration in the past 8 years.

Council took a short recess at 1:00 p.m., and reconvened at 1:05 p.m.

Mr. Morrison continued briefing Council on the workforce and recruitment and retention issues.

David Wright, Director of Finance, briefed the Council on Court issues and the backlog of traffic and parking citations.

Council noted the possible need to have the architect design a second courtroom in City Hall.

Fiscal


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