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
August 23, 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, Jimmy McNeil, 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 Victor Carrillo gave the invocation.
Pledge of Allegiance was led by Breanna Flores, a fifth grader at Valley View Elementary School. Also present were Breanna's parents, Rick and Dolores Flores and school counselor Susan Hall, wife of Mike Hall, Director of Community Services.
Mayor Barr presented a Proclamation for Sunday, August 26, 2001 as "A Day of Prayer for Rain".
Mr. McDaniel introduced Greg Jones of the Fire Department, who briefly described what happens when someone experiences a heart attack; then gave a demonstration of the Department's defibrillators. Mr. Jones stated all of Abilene's front line equipment is equipped with defibrillators. Councilwoman Alexander, as an American Heart Association representative, stated it is recommended that a plan be prepared outlining individual responsibilities and step-by-step procedures for an emergency response.
Council thanked Mr. Jones for the information and demonstration.
No Council action was required.
DISPOSITION OF MINUTES
There being no corrections, additions, or deletions to the July 25 &
26, 2001 Budget Worksession Minutes and August 9, 2001 Council minutes, Councilman
Southward moved to approve the minutes as printed. Councilman McNeil seconded
the motion and the motion carried.
AYES: Councilmen Archibald, Southward, Carrillo, Beckham, McNeil, Councilwoman
Alexander, and Mayor Barr.
NAYS: None.
CONSENT AGENDA
Councilman Archibald moved to approve consent agenda items 3.1 through 3.7,
as recommended by staff. Councilwoman Alexander seconded the motion and the
motion carried.
AYES: Councilmen Archibald, Southward, Carrillo (abstaining on item 3.4 only),
Beckham, McNeil, Councilwoman Alexander, and Mayor Barr.
NAYS: None.
ABSTAIN: Councilman Carrillo on item 3.4 only, due to his employment with
Hardin-Simmons University.
Resolutions:
3.1 Oral Resolution approving an agreement between the City of Abilene and
the Board of Managers for the 9-1-1 Emergency Communications District for
the City to administer the 9-1-1 Program, and to designate the City Manager
as the 9-1-1 Program Manager.
3.2 Oral Resolution approving the 9-1-1 Emergency Communications District revised FY 2000-01 and proposed FY 2001-02 budgets.
3.3 Oral Resolution approving a Street Use License request from Leigh Engineering, Inc., for installation of monitoring wells related to 765 Hickory Street, and authorize the Mayor to execute the street use license.
3.4 Oral Resolution approving a Street Use License request from Hardin-Simmons University to control vehicular access on Simmons Avenue, and authorize the Mayor to execute the street use license.
3.5 Oral Resolution authorizing the City Manager to execute two Community Agency Contracts with Tarrant County for dental & medical services.
3.6 Oral Resolution authorizing $34,000 of TIF funds to the Abilene Cultural Affairs Council for 2001/2002 Programming.
Award of Bid:
3.7 Civic Center Theater Dimming and Control System Replacement, Bid #CB-1063.
The bid was awarded to Barbizon Light of Carrollton, Texas, the low bidder
in the amount of $87,993.00, as recommended by staff.
REGULAR AGENDA
4.1 Rick Crider, Airport Director, briefed the Council on an Oral Resolution
authorizing the City Manager to enter into an agreement with Abilene Motor
Sports, Inc. for the Shootout Drag Race to take place at Abilene Regional
Airport October 6-7, 2001. Mr. Crider stated Abilene Motor Sports, Inc. (AMSI),
a non-profit organization, has requested the use of facilities at Abilene
Regional Airport for the annual Shootout Drag Race proposed to take place
October 6-07, 2001. The City has requested the FAA's concurrence in hosting
the event, and the FAA has responded in the affirmative. The agreement between
the City of Abilene and AMSI will allow the sale of food and beverages (including
beer) and allow the event to charge for admission. Airport tenants will be
accommodated and allowed to move aircraft through the event. AMSI will pay
the City of Abilene $2,000 for the use of facilities at the Airport. The Airport
Development Board recommends and endorses the Shootout Drag Race for 2001,
but does not believe that automobile racing is a compatible event for Abilene
Regional Airport, and has further recommended that 2001 be the last year auto
racing be allowed on airfield surfaces. Mr. Crider stated that AMSI has agreed
to pay for any damages that might occur during the event. Mr. Crider then
introduced Dave Boyle, Vice Chair of Abilene Motor Sports, Inc.
Mr. Boyll stated this is the 9th race that has been held, noting the benefits to the community, and stated appreciation for the level of cooperation between all parties involved. Mr. Boyll further stated after this year, the AMSI is hoping to use a track that is being built by a private enterprise; if the private track is not built by next fall, AMSI may again bring back to Council a request to use the facilities.
Councilwoman Alexander made a motion to authorize by Oral Resolution the
City Manager to enter into an agreement with Abilene Motor Sports, Inc. for
the Shootout Drag Race to take place at Abilene Regional Airport October 6-7,
2001 as recommended by the Airport Development Board and staff. Councilman
Southward seconded the motion and the motion carried.
AYES: Councilmen Archibald, Southward, Carrillo, Beckham, McNeil, Councilwoman
Alexander, and Mayor Barr.
NAYS: None.
4.2 Jeff Armstrong, Development Services Manager, briefed the Council on an Ordinance considered on second and final reading: TC-02501 - Thoroughfare abandonment of all or a portion of a 16' north-south alley adjacent to the east side of Lot 9, J. D. Lane Subdivision. The Planning & Zoning Commission and staff recommend closure of just that portion of the thoroughfare under the applicant's house plus ten feet to the north and south of the structure.
Mayor Barr opened a public hearing on the item, and the following individual spoke in response to the request:
· Jack Erwin, agent for the proponent, stated he is in agreement with the recommendations as approved by staff and the Planning & Zoning Commission.
There being no one else present and desiring to be heard, the public hearing was closed.
Councilman Carrillo made a motion to approve the thoroughfare abandonment
of the portion of the north-south alley located under the house plus 10 feet
to the north and south of the structure that is adjacent to the east lot line
of Lot 9, J. D. Lane Subdivision, 902 Lane, as recommended by the Planning
& Zoning Commission and staff. Councilman Southward seconded the motion
and the motion carried.
AYES: Councilmen Archibald, Southward, Carrillo, Beckham, McNeil, Councilwoman
Alexander, and Mayor Barr.
NAYS: None.
The Ordinance is numbered 19-2001 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.
4.3 Jeff Armstrong, Development Services Manager, briefed the Council on an Ordinance considered on second and final reading - Z-02601 - Rezone from O (Office) to LC (Limited Commercial) zoning district located at 2609 Barrow. The Planning & Zoning Commission and staff recommend approval.
Mayor Barr opened a public hearing on the item, and there being no one present and desiring to be heard, the public hearing was closed.
Councilman Archibald made a motion to Rezone from Office to Limited Commercial
zoning district located at 2609 Barrow, as recommended by the Planning &
Zoning Commission and staff. Councilman McNeil seconded the motion and the
motion carried.
AYES: Councilmen Archibald, Southward, Carrillo, Beckham, McNeil, Councilwoman
Alexander, and Mayor Barr.
NAYS: None.
The Ordinance is numbered 20-2001 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.
4.4 Jeff Armstrong, Development Services Manager, briefed the Council on an
Ordinance considered on second and final reading - TC-02701 - Thoroughfare
abandonment of Olsen Blvd., north of Vogel Avenue between Hickory and Cedar
Streets. The Planning & Zoning Commission, Plat Review Committee, and
staff recommend approval subject to retaining an accessible utility easement
and replatting the property so that all lots have frontage on a public street.
Mayor Barr opened a public hearing on the item, and the following individual
spoke in favor of the request:
· Jack Harkins of Tittle Luther Partnership, agent for the proponent, requests Council's approval of the request.
There being no one else present and desiring to be heard, the public hearing was closed.
Councilman McNeil made a motion to approve the Ordinance for thoroughfare
abandonment of Olsen Blvd., north of Vogel Avenue between Hickory and Cedar
Streets, subject to retaining an accessible utility easement and replatting
the property so that all lots have frontage on a public street as recommended
by the Planning & Zoning Commission, Plat Review Committee, and staff.
Councilwoman Alexander seconded the motion and the motion carried.
AYES: Councilmen Archibald, Southward, Beckham, McNeil, Councilwoman Alexander,
and Mayor Barr.
NAYS: None.
ABSTAIN: Councilman Carrillo, stating that although technically he would not
have to abstain due to his employment with HSU, he is doing so to avoid the
appearance of impropriety.
The Ordinance is numbered 21-2001 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.
4.5 Jeff Armstrong, Development Services Manager, briefed the Council on an
Ordinance considered on second and final reading - Z-02801 - Rezone from RS-12
(Residential Single Family) to LC (Limited Commercial) zoning district located
at 5400 Buffalo Gap Road. Mr. Armstrong stated for the Council's and public's
information, he anticipates comments from property owners concerning deed
restrictions, but stated Council regulates through zoning and is not bound
by deed restrictions. Mr. Armstrong then distributed for Council's information
a list of names of those in favor and those opposing the request. The Planning
and Zoning Commission recommends approval; staff recommends denial based on
the speculative nature of the request.
Mayor Barr opened a public hearing on the item, and the following individuals spoke in response to the request:
· Aileen Howard, proponent, stated the property has been on the market for over 2 years, and LC zoning would enhance its marketability. Ms. Howard also stated she was not aware of the deed restrictions when she purchased the house, but was aware of the zoning.
· Dudley Longacre, 5209 Ridgeline Dr., stated he was speaking for the homeowners, and that he had earlier sent Council a letter addressing their concerns. Mr. Longacre further stated he is in agreement with townhouse, single family, or church zoning, and urged Council to be consistent in approving development in accordance with the Buffalo Gap Corridor overlay study. Mr. Longacre concluded by stating he would like to be approached by whomever plans to develop property in the area concerning the plans for the area.
· Scott Senter, 3401 Curry Lane, addressed the history of Buffalo Gap Road and the changes that have occurred. Mr. Senter urged Council to not implement a change and then let the property revert back, and stated his approval of this change in support of growth of the city.
· Roland Miller, 7558 Buffalo Gap Road, stated he has a similar piece of property to the one in question, and that Buffalo Gap Road is not conducive to residential zoning. Mr. Miller stated he has his house on the market and since June he has only had two people express interest in it, and that he's in favor of the request.
Council and staff discussion included: uses allowed under Limited Commercial zoning; spot zoning concerns to which Sharon Hicks, City Attorney, stated she does not characterize this as spot zoning; the last Buffalo Gap Corridor study upgrade and staff's opinion that the current study is adequate, although it would be appropriate to re-visit it.
There being no one else present and desiring to be heard, Mayor Barr closed the public hearing.
Councilman Southward made a motion to approve the Ordinance to rezone from
Residential Single Family to Limited Commercial zoning district located at
5400 Buffalo Gap Road, as recommended by the Planning & Zoning Commission.
Councilman Archibald seconded the motion.
AYES: Councilmen Archibald, Southward, and Beckham.
NAYS: Councilmen Carrillo, McNeil, Councilwoman Alexander, and Mayor Barr.
The motion failed and the request was DENIED.
Councilwoman Alexander stated the vote should not be viewed as one against development, and recommended the proponent consider submitting a Planned Development District request.
4.6 Mayor Barr asked for a show of hands of those wanting to speak during the public hearing concerning the proposed 2001-02 tax levy, then announced a short recess would be taken prior to Council hearing the item.
Following a five-minute recess, Mayor Barr reconvened the meeting and stated before the public hearing is opened, that although everyone needs to be heard, it is requested those wishing to speak hold their comments to three minutes and that repeat comments, questions, etc. not be made. Mayor Barr further stated the item is not before Council today for action.
David Wright, Director of Finance, briefed the Council on the State law requiring a public hearing be held prior to adoption of the tax levy. Mr. Wright noted the FY 2001-02 Budget and Tax Levy Ordinance approved on first reading by Council on July 26th set the tax rate at 61.92 cents, and final consideration of the Ordinance is scheduled for a Special Council meeting to be held on September 5, 2001.
Mr. Wright stated when the July 26 worksession concluded, there was a negative budget balance of $41,420 that was to be taken from the civilian payroll. Therefore $45,000 has been allotted for that purpose. Since the certified roll of July 19th, the majority of all property that was in protest has been resolved and approved by the Appraisal Review Board. This will add $12 million in value or revenue of $77,130 at the 61.92¢ rate. The FY 02 Proposed Budget was based on the county continuing to fund $80,000 for fire protection from the City. However, at their worksession on August 9th, the Commissioners reduced that to $60,000, which means revenues need to be reduced by $20,000. In addition, it was anticipated in dealing with their web site that the county would fund $12,000 for the Communications Officer position. Since the Commissioners did not approve that request, if the position is approved, the City will need to fund the $12,000. The revenue estimate in the Proposed Budget included six dispatchers at the current average salary. Since the approval on first reading of the FY 02 Budget, the request to the 911 Board was amended to include the pay adjustments. The 911 Board did approve that request which adds $11,220 to the FY 2002 revenue.
Mr. Wright continued by stating based on a current review of utility cost estimates, the following adjustments can be made: water consumption - both the revised FY 01 and proposed FY 02 can be reduced. The Revised Budget anticipated more watering than last year, which included some park watering. With the drought situation and Council restrictions, it appears that $150,000 will not be needed in FY 01. Staff's recommendation is to move the brush chipper, civic center chairs and the vehicle exhaust system from the proposed FY 02 to the revised FY 01 due to the water adjustment. In looking at FY 02 estimates and allowing for a full year of the Ivie charge and anticipating somewhere between drought and normal watering, the budget for next year can be reduced $75,000; electric costs - revised budget appears to be very close to the estimates as of the end of July payments. The FY 02 budget anticipated that the large $59 million fuel recovery case before the Public Utility Commission would be approved. Staff has reviewed this with WTU and the City's attorneys in Austin. It has been determined it will not go into effect in 2001. One possibility is that the PUC would allow it to be spread over a two-year period thus reducing its impact; the other is that the PUC waits until 2004 when the settle-up period occurs based on the two years of deregulation. Considering that it will have some impact, staff believes the FY 02 electric budget can be reduced by $81,500 and held at the same level as this year. Part of any savings will need to be used on the FY 02 estimate for TXU. Based on July year to date figures, staff believes FY 02 may be under estimated by $44,000. Mr. Wright explained in reviewing notes from the budget worksessions, Mayor Barr had indicated he would like to do the unfunded request for Building Inspection certification pay in the amount of $22,950. Although the Mayor's request was not written on the board with the other budget request, it is proposed that this program be included in the adjustments. In conclusion, Mr. Wright stated after the adjustments are made, a balance of $351,700 is available for tax rate reduction or appropriation. By utilizing $340,000, the tax rate can be reduced from 61.92¢ to 61.85¢, leaving an adjusted proposed FY02 budget ending balance of $11,700.
Mayor Barr then opened a public hearing on the item, and the following individuals spoke:
· Jo Moore, City Secretary, read for the record the following statement
against the proposed tax increase from Roy Helen Ackers, who was unable to
attend the Council meeting due to a family emergency: "We, as taxpayers,
who have no increase in income, have to cut our personal budgets. The City
should do likewise, regardless of the merits of some expenditures. All taxing
units are asking for increases in addition to the significant raises in property
valuations last year. Our utilities have doubled and we're paying already
for water, which is necessary. Watch out, or you'll be taxing yourselves out
of population."
· Max Overman, 3601 Brookhollow, suggested cutting down on staff, cutting
out luxuries, and noted a tax increase of 36% over a 4-year period.
· Larry Gill, 1204 Lytle Way Circle, stated Abilene has a reputation of being an excellent community with great services, which all requires people. Mr. Gill urged Council to give adequate wages and move forward.
· Larry Swonger, President, Fire Fighter's Association, stated the budget affects employees and citizens. Mr. Swonger further stated firefighters do not want to be viewed as being greedy, but do want to work through the budget process and acquire a "Medium" status. Mr. Swonger concluded by stating the City Council's work shows they value city employees.
· Dr. Julian Bridges, 1526 N. Pioneer Drive, stated appreciation to Council. Dr. Bridges stated his concerns are the tax rate increase, lost jobs, utility costs having doubled, the poor turning to agencies for help, and senior & fixed income citizens having to pay more. Dr. Bridges urged the Council to search for ways to at least lower the proposed increase.
· Mike Perry, 4148 Hereford, stated he is a member of the Police Department and thanked Council for their work on the budget process, noting the tough decisions the Council has to make. Mr. Perry stated competitiveness is needed.
· Tony Conder, 1925 Greenridge Court, stated he is the small businesses spokesman. Mr. Conder noted a 19% increase in taxes to small businesses, and stated if the increase in user fees is taken into consideration, the 19% will be even higher. Mr. Conder further stated the county and city are both increasing their tax rate, and asked Council to consider the business community when making their decision.
· Dennis Mashburn, 3849 Westridge, addressed perceptions, stating after the bond election the city claimed they'd do what they want to anyway, even though the bond election failed.
· R. C. Holliday, 2042 Westminster Dr., stated a letter was sent to Council stating he is not in favor of any budget where taxes are increased. Mr. Holiday stated you can't build a city if you keep raising taxes, noting young families are moving to Potosi because they can afford to live there.
· Valree Brailsford, 3949 N. 10th, stated poor people will be impacted more than most will realize, and urged Council to consider medicine and insurance costs. Mr. Brailsford stated decent jobs and wages can't be found in Abilene, and that equal tax/equal pay doesn't seem to be going to minorities. Minorities are leaving Abilene, and he urged Council to reconsider raising taxes and to make cuts.
· Leon Petty, 1501 Minter Lane, stated he has budget questions, and asked when the budget is revised if the public is notified? Mr. Petty stated he is concerned with the proposed increase impact on employees with lower salaries. Mr. Petty asked Council to revisit the budget and eliminate something, perhaps equipment.
Mr. Wright stated on September 5 the proposed 2002 and revised 2001 budgets will both be considered at one time as has been done in the past, following properly posted and published public notices.
· David Webb, 1959 Highland, stated he is a small business owner, and encouraged Council to look at the budget closer. Mr. Webb also encouraged Council to consider a time after working hours to hold public hearings.
· Edna Ross, 40 Surrey Square, stated she thinks the task force is proposing fluff, and a reduced tax rate is better. If the Development Service Center combines departments, then why have another employee? Why is an Airport Marketing Manager needed when there are numerous economic development departments in the City, why can't economic development departments work together? Ms. Ross stated the tax rate should be kept down or lowered, and that she resents the increase in fees.
· Denise Jones, 3249 Woodhollow Circle, stated as a member of the Mayor's task force, there were countless hours and many meetings where issues were considered, and that she takes exception to the "fluff" comment by Ms. Ross. Ms. Jones stated the education process was unbelievable and members were very cognizant of the cost elements. Ms. Jones elaborated on the issues considered by the task force, and urged Council to do what it takes to make Abilene the best it can be.
There being no one else present and desiring to be heard, Mayor Barr closed the public hearing.
Councilman Beckham stated appreciation to fire & police employees present. Mr. Beckham noted the feedback he has gotten from citizens has been almost entirely requests to not raise taxes. Over the past 4 years, the local work force has gone from 61,000 to 57,000 and median local income has declined by 4.5% with taxes having increased. Mr. Beckham stated fewer people are making less money with more taxes. Mr. Beckham concluded by stating he thinks cuts can be found and all can come out winners, and that right now is not the time to be raising taxes.
Councilman Southward noted appreciation to Mr. McDaniel and Mr. Wright for finding the 1.07 cents for a proposed lower tax increase, but stated this is not the time for any tax increase. Mr. Southward addressed issues the Council can control, stating this is a catch up year, but if revenue can't be increased, then something must be cut. It doesn't mean taxes have to be raised. Mr. Southward concluded by stating he would like for Council to recommend the budget go back to the City Manager for him to propose additional cuts to bring the budget to a 0 tax increase.
Councilman Carrillo stated he did originally vote against the 61.92 tax rate and proposed budget. Mr. Carrillo addressed the issues of pay increases and reduction in staff and concluded by stating he supports continuing to look at the budget for reductions.
As a proponent of the proposed budget, Mayor Barr addressed the economic condition in Abilene in the 80's and 90's, noting that although the current situation is not as good as it was a few years ago, it's not that bad. Mayor Barr noted for the percentage of taxes the City collects, a lot of services are provided. The Mayor stated that he, Mr. McDaniel and Mr. Wright have met every day possible to closely review the budget. The Mayor further stated the Police Department proved that Abilene was behind about 15% in salaries and that he has asked for a study of all salaries. Mayor Barr concluded that this is a catch up year and that the budget will continue to be reviewed.
Mr. McDaniel stated the proposed budget he presented to Council was his budget, then when Council voted it became their budget, and at the next meeting when Council has a final vote it will then become everyone's budget, one that we will all work with.
No Council action was required.
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, and there being no further business, the meeting was adjourned at 12:28 p.m.
_____________________________ ______________________________
Jo Moore Grady Barr
City Secretary Mayor