CITY COUNCIL MEETING

December 13, 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 December 13, 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, Anthony Williams, 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.

 

            Councilwoman Kay Alexander gave the invocation.

 

            Pledge of Allegiance was led by Arianna Villarreal and Isabella Gutierrez, Kindergarteners at College Heights Elementary School. 

 

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

 

            25 Years   Michael Higgins General Curator

                                                                        Zoo

            20 Years   Irene Grant                Equipment Management Officer

                                                                        Finance

            20 Years   David Gage                Police Sergeant II

                                                                        Police

 

 

City Manager Roy McDaniel introduced Ed Williams, Fire Marshal, who gave the Fire Prevention Division presentation; outlining the division’s Mission Statement and how that mission is accomplished, as well as the division’s goals, fire causes, investigations, and public education.  Mr. Williams noted that the 2000 International Fire Code will soon be submitted for Council approval.

 

No Council action was required.

 

 

DISPOSITION OF MINUTES

There being no corrections, additions, or deletions to the November 12, 2001 Regular and November 26, 2001 Special City Council Minutes, Councilman Southward moved to approve the minutes as printed. Councilwoman Alexander seconded the motion and the motion carried.

            AYES:  Councilmen Archibald, Southward, Williams, Beckham, McNeil, Councilwoman Alexander, and Mayor Barr.

            NAYS:  None.

 

     CONSENT AGENDA

            Councilwoman Alexander moved to approve consent agenda items 3.1 through 3.14 final reading of item 3.15, and first reading of items 3.16 through 3.18, as recommended by staff. Councilman McNeil seconded the motion and the motion carried.

            AYES:  Councilmen Archibald, Southward, Williams, Beckham, McNeil, Councilwoman Alexander, and Mayor Barr.

            NAYS:  None.

 

 

Resolutions:

3.1              Resolution authorizing TIF funding in the amount of $176,714.61 to support the Wooten Project in order to advance the overall master plan for downtown revitalization.

 

The Resolution is numbered 47-2001 and is captioned as follows:

 

A RESOLUTION DECLARING THE CITY COUNCIL OF THE CITY OF ABILENE, TAYLOR COUNTY, TEXAS, ELECTS TO AUTHORIZE THE ABILENE REINVESTMENT ZONE NUMBER ONE BOARD A/K/A TAX INCREMENT FINANCING DISTRICT BOARD (TIF) OF THE CITY OF ABILENE, TAYLOR COUNTY, TEXAS, TO USE TAX INCREMENT FINANCING FUNDS FOR FUNDING TO ABILENE WOOTEN, INC. (WOOTEN) FOR ABATEMENT, RELATED EXPENSES, AND MINOR OPERATING EXPENSES.

 

3.2              Resolution in support of and authorizing grant applications to the West Central Texas Council of Governments, and request for applications for the FY 2001/2002 Solid Waste Grant program.

 

The Resolution is numbered 48-2001 and is captioned as follows:

 

A RESOLUTION OF THE CITY OF ABILENE, AUTHORIZING THE FILING OF GRANT APPLICATIONS WITH THE WEST CENTRAL TEXAS COUNCIL OF GOVERNMENTS (WCTCOG) FOR REGIONAL SOLID WASTE GRANTS PROGRAM GRANTS; AUTHORIZING THE CITY MANAGER TO ACT ON BEHALF OF THE CITY OF ABILENE IN ALL MATTERS RELATED TO THE APPLICATIONS; AND PLEDGING THAT IF A GRANT IS RECEIVED, THE CITY OF ABILENE WILL COMPLY WITH THE GRANT REQUIREMENTS OF THE WCTCOG, THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION, AND THE STATE OF TEXAS.

 

3.3              Oral Resolution authorizing the City Manager to enter into an installation contract for an access control system for Abilene Regional Airport with Siemens Building Technologies, Inc.

 

3.4              Oral Resolution authorizing the City Manager to enter into an installation contract for a public address system for Abilene Regional Airport with Ford Audio-Video.

 

3.5              Oral Resolution authorizing the City Manager to enter into a lease agreement for hangar #1 with LifeStar at Abilene Regional Airport in the amount of $250 per month.

 

3.6              Oral Resolution authorizing the City Manager to enter into a lease agreement with Budget Car & Truck Rental, replacing Thrifty Car Rental at Abilene Regional Airport.

 

3.7              Oral Resolution authorizing the City Manager to enter into a lease agreement T-hangars #5 & 6 with Experimental Aircraft Association Big Country Chapter #471, Inc. and T-hangar #7 with Abilene Aero, Inc. at Abilene Regional Airport.

 

3.8              Oral Resolution approving a street use license request from Meridian Alliance Group, LLC, for installation of monitoring wells related to 2401 S. 1st Street.

 

3.9              Oral Resolution approving utility billing software upgrade, and authorizing the City Manager to execute appropriate agreements with INCODE, Lubbock, Texas for a cost not to exceed $62,443.00.

 

3.10          Oral Resolution approving a sanitary sewer service agreement with City of Tuscola and authorizing the City Manager to execute the agreement.

 

 

Bid Awards:

3.11          Orthophotography (Aerial Flyover Photography) Project, Bid #CB-2026.  The bid was awarded to Williams-Stackhouse, Inc. of San Antonio, Texas as the most advantageous proposal for the City of Abilene, authorizing the City Manager to execute the contract for the project in the amount of $78,800 as recommended by staff.

 

3.12          Pumps/motors, motor control equipment, and gas engine for Buck Creek Pump Station, Bids #CB-2009, 2010, & 2023.  The Council authorized the City Manager, by oral resolution, to execute contracts with Yeoman’s Pump Company as the lowest responsible bidder for the pump and electric motor units in an amount not to exceed $376,050.00; Robicon Corporation, as the lowest responsible bidder for the motor control equipment in an amount not to exceed $235,423.00; and West Texas Equipment, L.P. as the lowest qualified bidder for the natural gas engine in an amount not to exceed $158,968.00; all as recommended by staff.

 

3.13          Sanitary sewer rehabilitation, Bid #CB-2006.  The Council authorized the City Manager, by Oral Resolution, to execute a contract with Insituform Technologies, Inc., Chesterfield, Missouri as the lowest responsible bidder in the amount of $956,225.00 as recommended by staff.

 

3.14          Street maintenance materials, Bid #CB-2005.  The bid was awarded for the unit prices bid as follows: Eagle Asphalt Products - asphalt: AC-10, MC-30, MC-3000; R. E. Janes Gravel Co. - coarse fill sand, cushion sand, remix; Abilene Lumber, Inc. - Portland cement type I; Vulcan Materials Co. - crushed limestone aggregate and #5, hot mix type “D”, coverstone type PB-4 and type A-4, cold mix type F; Morris Ready-Mix -  Portland cement, 7-sack with rock; Deery American Corp. - CMC-200 crack sealer; and Flexcrete – Flexcrete; all as recommended by staff.

Ordinances:

3.15          Approval of final reading: Ordinance amending Chapter 18, “Motor Vehicles and Traffic”, Sections 18-293 and 18-299, of the Abilene Municipal Code.

 

            The Ordinance is numbered 37-2001 and is captioned as follows:

 

AN ORDINANCE AMENDING CHAPTER 18, “MOTOR VEHICLES AND TRAFFIC”, OF THE ABILENE MUNCIPAL CODE, BY AMENDING CERTAIN SECTIONS AS SET OUT BELOW; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING A PENALTY.

 

3.16          Approval of first reading pending appeal: Z-04501 – Ordinance amending PDD 64 concerning the number of driveways permitted, located at 1730 Oldham Lane, and set a public hearing for December 20, 2001 at 8:30 a.m., pending appeal.

 

AN ORDINANCE OF THE CITY OF ABILENE, TEXAS, AMENDING CHAPTER 23, SUBPART E, “ZONING,” OF THE ABILENE MUNICIPAL CODE; AND ORDINANCE NO. 3-1998 CONCERNING THE PDD#64 PLANNED DEVELOPMENT DISTRICT; DECLARING A PENALTY AND CALLING A PUBLIC HEARING, AND AN EFFECTIVE DATE.

 

3.17          Approval of first reading: Ordinance amending Chapter 6, “Animals and Fowl,” Article II, “Pets” of the Abilene Municipal Code to add “Division 3. Dangerous Dogs”, and set a public hearing for December 20, 2001 at 8:30 a.m.

 

AN ORDINANCE AMENDING CHAPTER 6, “ANIMALS AND FOWL,” ARTICLE II, “PETS,” OF THE ABILENE CITY CODE, BY ADDING CERTAIN SECTIONS AS SET OUT BELOW; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND CALLING A PUBLIC HEARING.

 

3.18          Approval of first reading: Ordinance establishing Standards of Care for City of Abilene Youth Programs, and set a public hearing for December 20, 2001 at 8:30 a.m.

 

AN ORDINANCE OF THE CITY OF ABILENE, TEXAS, ESTABLISHING STANDARDS OF CARE FOR CITY OF ABILENE YOUTH PROGRAMS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; AND CALL A PUBLIC HEARING.

 

REGULAR AGENDA

Resolutions:

4.1, 4.2            Dwayne Hargesheimer, Director of Water Administration, requested that Item 4.1, Oral Resolution approving a contract with Dyess Air Force base for delivery of potable and raw/effluent water and Item 4.2, Oral Resolution authorizing the City Manager to execute a pipeline lease agreement with West Texas LPG Pipeline Partnership f/k/a Gulf Refining Co. to transport reclaimed water to Dyess Air Force Base be presented together for continuity purposes.  Council voiced no objections to the request.

 

            Mr. Hargesheimer stated Dyess Air Force Base has made a formal request for a water supply contract to supply fully treated water for all on-base operations and reclaimed water for open landscape irrigation including golf courses and park areas.  The City of Abilene and Dyess Air Force Base currently do not have a written treated water contract in effect.  A contract has been developed that includes all applicable provisions for Abilene to sell and provide both types of water requested, for a 25-year period that provides treated water for all of Dyess Air Force Base operations and permits up to 160 MG per year of reclaimed water for irrigation purposes. Sanitary sewer service will be included in the contract. Construction of pumping and delivery facilities will be required for delivery of the reclaimed water.  The contract includes a connection charge payable monthly for a 10-year period for the majority of the cost of the pumping and delivery facilities, with the rates for the treated water continuing to be the effective industrial rate.  The reclaimed water will be delivered at an initial cost of $0.57 per 1000 gallons.  The City of Abilene will build, own, operate and maintain all facilities to the metering points. Staff recommends that by oral resolution the City Council authorize the City Manager to execute a Water Supply/Sanitary Sewer Service Contract with Dyess Air Force Base, Abilene, Texas.

 

            Mr. Hargesheimer then stated the City of Abilene has negotiated an agreement with West Texas LPG Pipeline Partnership f/k/a Gulf Refining Company to use one of their abandoned pipelines to transport reclaimed water to Dyess Air Force Base.  Hibbs & Todd Engineers will design a sleeve appropriately sized that will be fitted inside the abandoned pipeline, and the construction project will consist of sleeving approximately 20,000 ft. of the abandoned pipeline.  An additional 19,000 feet of new water line will be designed and constructed to complete the transportation system to Dyess Air Force Base.  All appropriate easement rights will be obtained and affected property owners notified prior to start of construction. The staff recommends that by oral resolution the City Council authorize the City Manager to execute a 50-year pipeline lease agreement with West Texas LPG Pipeline Partnership f/k/a Gulf Refining Co. to transport reclaimed water to Dyess Air Force Base.

 

            Council and staff discussion included: various concerns of the management of the effluent water, adding pump stations in the future, and the construction of the pumping and delivery facilities to be completed by April 30.  Councilman Beckham requested a map of the distribution system and stated appreciation to the Mayor, Frank Puckett, and City staff for moving quickly on this project.  Mayor Barr recognized and stated appreciation to Frank Puckett, Chair of the Military Affairs Committee for the Chamber of Commerce. 

 

            Councilman Beckham made a motion to authorize the City Manager, by Oral Resolution, to execute a water supply/sanitary sewer service contract with Dyess Air Force base as recommended by staff.  Councilman Southward seconded the motion and the motion carried.

            AYES:  Councilmen Archibald, Southward, Williams, Beckham, McNeil, Councilwoman Alexander, and Mayor Barr.

            NAYS: None.

 

            Councilwoman Alexander made a motion to authorize the City Manager, by Oral Resolution, to execute a pipeline lease agreement with West Texas LPG Pipeline Partnership f/k/a Gulf Refining Co. to transport reclaimed water to Dyess Air Force Base as recommended by staff.  Councilman Williams seconded the motion and the motion carried.

            AYES:  Councilmen Archibald, Southward, Williams, Beckham, McNeil, Councilwoman Alexander, and Mayor Barr.

            NAYS: None.

Bid Awards:

4.3       Andy Anderson, Director of Public Works, briefed the Council on a Resolution accepting a bid for an Oil & Gas lease and authorizing the City Manager to execute the lease agreement. Mr. Anderson reviewed the bid information, stating only one bid from RIO-TEX, Inc. in the amount of $40.00 per mineral acre and one-fifth royalty for a term of two years was received.  Mr. Anderson further stated the Texas Natural Resource Code requires a public hearing be held on the selection of the bidder.  Staff recommends following the public hearing Council adopt the resolution if it’s determined it’s in the best interest of the City.

 

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.

           

Councilwoman Alexander made a motion to approve the Resolution accepting a bid for an Oil & Gas lease with RIO-TEX, Inc., for a term of two years and authorize the City Manager to execute the lease agreement as recommended by staff.  Councilman Archibald seconded the motion and the motion carried.

            AYES:  Councilmen Archibald, Southward, Williams, Beckham, McNeil, Councilwoman Alexander, and Mayor Barr.

            NAYS: None.

 

The Resolution is numbered 49-2001 and is captioned as follows:

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ABILENE, TEXAS, TO ACCEPT BIDS AND TO AUTHORIZE THE CITY MANAGER TO EXECUTE A PAID UP OIL AND GAS LEASE.

 

 

Ordinances:

4.4       Richard Gertson, Director of Community Development, briefed the Council on an Ordinance considered on second and final reading: TC-00101 – Thoroughfare abandonment of a portion of Poplar Street between South 2nd and South 3rd Streets.  The Planning & Zoning Commission and staff recommend approval provided that accessible utility and drainage easements are retained. 

 

            Mayor Barr opened a public hearing on the item, and the following individuals spoke in response to the request:

 

·        Mrs. C. L. Hickam, stated she lives at 2717 Cedar but owns property at 310 Poplar, and her son owns property at 302 Poplar.  Mrs. Hickam distributed to Council an affidavit against the request signed by 13 people in the neighborhood.  Mrs. Hickam further stated she doesn’t want the street closed, because of how difficult it would be to take another route, and that all delivery and emergency people need this portion of the street.

 

·        Rick Gerald, who owns property at 318-330 Poplar, stated he would not have bought the property if he had known about this request.  Mr. Gerald stated closing the street will devalue the property, and be an inconvenience.

 

·        Gary Pullin of Tittle/Luther Partnership, agent for the church, stated church programs have grown, and the closure allows a safer way to deliver children to day care.  Mr. Pullin further stated the parking lot is not a detriment, and landscaping was discussed with the church.

 

·        Tom Thompson, senior pastor of the church, explained the decision-making process of the church, and noted the church’s activities and services.  Mr. Thompson stated the purpose of the building is to serve the city, minister to others, carry on the mission of the church; and possibly be used for an emergency shelter in the future.  Mr. Thompson noted the safety concerns in the plan to provide a day care for primarily low-income families.

 

·        Richard Petree of the Central Appraisal district, speaking as an information source only, stated as traffic is reduced, property values increase (according to a study).

 

            There being no one else present and desiring to be heard, the public hearing was closed.

 

            Discussion among Council and staff included: construction beginning depending on when funds are raised, how often the road is used, traffic division working on how to limit traffic, and the church feeling the neighborhood will be minimally inconvenienced with other traffic routes available.

 

Councilman Archibald made a motion to approve the Ordinance for Thoroughfare abandonment of a portion of Poplar Street between South 2nd and South 3rd Streets provided that accessible utility and drainage easements are retained, as recommended by the Planning & Zoning Commission and staff. Councilman McNeil seconded the motion and the motion carried.

            AYES:  Councilmen Archibald, Williams, Beckham, McNeil, Councilwoman Alexander, and Mayor Barr.

            NAYS: Councilman Southward.

 

            The Ordinance is numbered 38-2001 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 Administrator, briefed the Council on an Ordinance considered on second and final reading: Z-04201 – Rezone from RS-6, MH, LI (Residential Single Family, Mobile Home, Light Industrial) to GC (General Commercial) or LC (Limited Commercial) zoning district property located between North 18th & North 19th and Mesquite & North Treadaway, northeast corner of N. 18th & Mesquite.  The Planning & Zoning Commission and staff recommend approval of limited commercial zoning. 

 

            Mayor Barr opened a public hearing on the item, and the following individual spoke in favor of the request:

 

·        Jason Darby, proponent, stated that although the original request was for general commercial, limited commercial should not make a difference, and that they are now in agreement for limited commercial zoning.

            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 to rezone from Residential Single Family, Mobile Home, Light Industrial to Limited Commercial zoning district property located between North 18th & North 19th and Mesquite & North Treadaway, northeast corner of N. 18th & Mesquite, as recommended by the Planning & Zoning Commission and staff. Councilwoman Alexander seconded the motion and the motion carried.

            AYES:  Councilmen Archibald, Southward, Williams, Beckham, McNeil, Councilwoman Alexander, and Mayor Barr.

            NAYS: None.

 

            The Ordinance is numbered 39-2001 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.

 

 

4.6       Jeff Armstrong, Development Services Administrator, briefed the Council on an Ordinance considered on second and final reading: Z-04401 – Rezone from O (Office) to LC (Limited Commercial) zoning district property located in the 2000 block of S. Danville.  The Planning & Zoning Commission and staff recommend approval. 

 

Council and staff discussion included: 6 affirmative votes being required to approve this item due to the large percentage of opposition, the clearing of brush and trees required for any creek bed development, codes that address lighting problems, flood plain requirement to “build up” affecting residential areas, raising the creek bed level resulting in pushing the water somewhere, creek beds generally not being permissible development, screen wall or fence being required, the site not being big enough for PDD zoning, and the current zoning allowing some types of construction that would create the same problems as LC zoning.

 

            Mayor Barr opened a public hearing on the item, and the following individuals spoke in response to the request:

 

·        David Gregory, agent for the proponent, stated his clients propose to beautify and fence the property, and noted that 60,000 cars is the traffic count in the area and his business only generates 25 cars daily.  Mr. Gregory further stated he will address the lighting issue that the noise level is a minimum and that parking for 5 or 6 customers and 2 employees will be on the north end of the property. Although there is construction done on the property, no saws are used and lights are on until 11:00 p.m. or midnight. 

 

·        Cathy Fowlkes, 2142 River Oaks Circle, stated all developed land to the south is office space, then read the definitions of Office & Limited Commercial zoning.  Ms. Fowlkes further stated residents were not considered and that some property owners did not receive official notification. Ms. Fowlkes read P&Z Ordinance quotes from her handout that had been distributed to Council, stating P&Z did not address the long-term effect of the changes, and that she has found nothing to show proponents had met the “burden of proof”.  Ms. Fowlkes further stated that the person wanting to make a change should first look for a properly zoned area for their business, and questioned what has changed to justify a change. Ms. Fowlkes noted procedural objections, addressed the noise issue, natural creek buffer not being very effective, the negative effect on property values, listed some fundamental differences between O & LC zoning, and questioned what could happen if this business leaves.  Ms. Fowlkes read from the “nuisances” section of the Municipal Code, and noted her documented opinions of many of the residents.

 

City Attorney Sharon Hicks stated an individual’s right to develop their property does not come under the “nuisance” law.

 

·        Barry Fowlkes, 2142 River Oaks Circle, stated 8 out of 9 of the residents are opposed to the request.

 

·        Kenny Heaton, 2150 River Oaks, noted usage of the highway, which is still the Winters freeway, has not had a substantial change, and stated he is not sure how the population at large would be affected by the change.  Mr. Heaton stated he is very concerned that Mr. Gregory didn’t contact the neighbors.

 

·        Bynum Miers, 4426 S. 20th, stated his property is #1 on the map, and that he is concerned with the elevation of the creek bank on the west side because that side is higher than his side.  Mr. Miers stated anyone constructing a building in the area should be concerned with creek erosion, and mentioned noise pollution.  Mr. Miers stated he would like to see the zoning stay the same.

 

·        Barbara Miers, 4426 S. 20th, stated her driveway is in a cul-de-sac, and with lights behind it, it would give the dangerous illusion of being a street.  Ms. Miers noted that cutting vegetation in and along the creek bed is a negative activity.

 

·        Jack Harkins, 340 Beech, stated he was a member of the Planning & Zoning Commission at the time this item came before the P&Z (he is now chair of P&Z).  Mr. Harkins stated at the P&Z meeting there was not a lot of opposition to this item.  Mr. Harkins noted this is an unusual piece of property, almost undevelopable for many uses, but this type of business would be compatible with LC zoning.

 

            There being no one else present and desiring to be heard, the public hearing was closed.

 

Council and staff discussion included: long range effect of new Limited Commercial zoning, Office and LC zoning issues, under current zoning trees could be cleared and parking lot could be lighted, drainage plan, opaque fencing (screening type), sign restrictions - 1 free standing much smaller scale than in GC, and that the current owner had the area rezoned in 1994 from Residential to Office.

 

Council took a five minute break at 11:35 a.m.

 

Continued Council and staff discussion included: Council having limited say on directing or limiting lighting and the staff report and adjacent residential problems that were addressed with P&Z.

 

Mr. Armstrong explained the miscommunication with Ms. Fowlkes concerning the residential surrounding property owners having been considered.  Councilwoman Alexander stated that no matter what the outcome of today’s vote on the issue, the Council wants people to do business and have businesses in Abilene.

 

City Attorney Sharon Hicks explained the need for 6 affirmative votes to approve the item and 4 to deny the request.

 

Councilman Southward made a motion to approve the Ordinance to rezone from Office to Limited Commercial zoning district property located in the 2000 block of S. Danville, as recommended by the Planning & Zoning Commission and staff. Councilman McNeil seconded the motion and the motion failed.

            AYES:  Councilmen Southward and McNeil.

            NAYS: Councilmen Archibald, Williams, Beckham, Councilwoman Alexander, and Mayor Barr.

 

            The request was DENIED.

 

 

4.7       The Ordinance considered on second and final reading concerning the TXU (LSG) rate increase was removed from the agenda to be considered at a later date. 

 

 

4.8       David Wright, Director of Finance, introduced Richard Petree, Chief Appraiser with the Central Appraisal District, who briefed the Council on an Ordinance considered on first reading providing for the taxation of leased motor vehicles otherwise exempt under state law.  Mr. Petree recommended the Council deny the Ordinance that would provide for the taxation of leased motor vehicles.  Approximately $40,000 in tax dollars could be lost if the Ordinance is denied; but denial would result in equal tax treatments for leased and owned vehicles.  Only leases entered into after 1/1/01 would be affected. Staff recommends denial of the Ordinance. 

 

Councilman Beckham made a motion to deny the Ordinance providing for the taxation of leased motor vehicles otherwise exempt under state law, as recommended by the Central Appraisal District Chief Executive Officer Richard Petree and City staff. Councilman McNeil seconded the motion and the motion carried.

            AYES:  Councilmen Archibald, Southward, Williams, Beckham, McNeil, 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.

 

5.1            Councilman Southward moved to approve Mayor Barr’s reappointment of Stan Egger to the Abilene-Taylor County Public Health Advisory Board, term expiring 11/2004. Councilman Archibald seconded the motion and the motion carried.

            AYES:  Councilmen Archibald, Southward, Williams, Beckham, McNeil, Councilwoman Alexander, and Mayor Barr.

            NAYS: None.

 

 

5.4            Councilman McNeil moved to approve by Oral Resolution the hiring of Elaine Murmann Ferguson as an Attorney I, effective December 18, 2001 as recommended by City Attorney Sharon Hicks.  Councilman Williams seconded the motion and the motion carried.

            AYES:  Councilmen Archibald, Southward, Williams, Beckham, McNeil, Councilwoman Alexander, and Mayor Barr.

            NAYS:  None.  

 

            There being no further business, Mayor Barr adjourned the meeting at 12:45  p.m.

 

 

 

 

            _____________________________              ______________________________

            Jo Moore                                                  Grady Barr

            City Secretary                                                          Mayor