December 20, 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 20, 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.
Councilman Norm Archibald gave the invocation.
Pledge of Allegiance was led by Jeremy Aguillon, 2nd grader at Dyess Elementary. Also present was Debra Marcell, Curriculum
Specialist for Dyess Elementary.
Mayor Barr presented a Proclamation for December 15-17, 2001 as “Toys for Tots Weekend”.
City Manager Roy McDaniel stated the
presentation today is the result of Councilman Norm Archibald, Director of
Water Administration Dwayne Hargesheimer, and several others’ trip to Lake O.
H. Ivie. Mr. McDaniel then introduced
Mr. Hargesheimer, who gave a slide presentation on the O. H. Ivie Project,
along with an update of the project and an overview of the City of Abilene
water system and project components.
Mr. Hargesheimer stated by the end of January 2002, a final cost will be
known, and water will be pumped into Abilene by early spring of 2003. Mr. Hargesheimer also noted that the pipeline
will carry 24 million gallons a day.
Mayor Barr stressed the fact that it is imperative for the project to stay on schedule.
No Council action was required.
Mayor Barr stated the December 13, 2001 Council minutes along with the minutes from today’s meeting will be submitted for council approval at the January 10, 2002 council meeting.
Councilman
Archibald moved to approve consent
agenda items 3.1 through 3.4, 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.
Resolutions:
3.1 Oral Resolution approving a transfer agreement and authorizing the City Manager to execute all necessary documents to facilitate the substitution of Texas State Technical College West Texas (TSTC) as grantee under EDA award #08-01-02672 and conveyance of the ARBEC facility on E. Hwy. 80 to TSTC, subject to transfer approval by AEDC, TSTC and EDA.
3.2 Oral Resolution considering a street use license agreement with Taylor County for Oak Street and Chestnut Street rights-of-way adjacent to Taylor County Courthouse.
Bid Awards:
3.3 18” C-905 water pipe, Bid #CB-2027. The bid was awarded to Plastic Wholesale Plumbing, Abilene, Texas, the most advantageous to the City, as recommended by staff.
3.4 O. H. Ivie electrical service poles, Bid #CB-2020. The bid was awarded, by Oral Resolution, to Newmark International, Inc., Bellville, Texas, in the amount of $520,503.00 as the most advantageous to the City, as recommended by staff.
REGULAR AGENDA
Resolutions:
4.1 Assistant City Manager Michael Morrison briefed the Council on an Oral Resolution ratifying the Memorandum of Understanding with Texas Tech University. Mr. Morrison stated on December 6, 2001 Mayor Barr along with representatives from Texas Tech University, Abilene Christian University, Hardin Simmons University, McMurry University, and the Development Corporation of Abilene executed a Memorandum of Understanding (MOU) establishing a “Center for Excellence in Engineering Graduate Studies and Research” (CEEGSR) to be located in Abilene, Texas. As an integrated graduate program of engineering and research, the mission of the CEEGSR will be to provide excellence in teaching, research, and service. Classes are scheduled to begin August 2002. Each party agreed to submit the MOU to their full governing bodies for confirmation and approval by February 28, 2002. The City agrees to secure a suitable facility for the CEEGSR and arrange for appropriate furniture, telephones, and utilities. Additionally, the City and TTU will share the cost of equipping a room within this facility with teleconferencing capabilities (approximately $35,000 each). The City has already secured through the Dodge Jones Foundation the necessary $500,000.00 “engineering research seed fund.” The DCOA is scheduled to meet on December 18, 2001 to discuss funding 50% of the operational support for the CEEGSR. The City will request from DCOA and private sources $375,000 annually for the first five years of operation. The CEEGSR eventually will become a self-sustaining operation. Staff recommends approval.
Councilwoman
Alexander moved to accept and
confirm approval, by oral resolution, the Memorandum of Understanding among the
City of Abilene, Texas Tech University, Abilene Christian University, Hardin
Simmons University, McMurry University, and the Development Corporation of
Abilene, as signed by Mayor Grady Barr on December 6, 2001. Councilman Williams seconded the motion and the motion carried.
AYES: Councilmen Archibald, Southward, Williams, Beckham, McNeil, Councilwoman Alexander, and Mayor Barr.
NAYS: None.
4.2 Ronnie Kidd, Director of Information Technology, briefed the Council on an Oral Resolution authorizing the City Manager to enter into an interlocal agreement with Abilene Community Networking Collaborative. Mr. Kidd introduced Craig Williams, AISD Chief Technical Officer and Dixie Bassett, United Way representative. Mr. Kidd distributed and reviewed handouts, stating the Mayor’s Community Development Task Force generated two strategies calling for collaboration and cooperative efforts to improve technology infrastructure, expand access to technology and organize a nonprofit entity to serve as catalyst for the Community’s technology element. Collaboration and planning began in early summer between the City, Abilene Library Consortium, Abilene ISD, Wylie ISD, Region XIV Education Service Center, Taylor County, United Way, ACU, McMurry and HSU, leading to the formation of the Abilene Community Networking Collaborative (ACNC). ACNC’s main objective is to establish an inter-connected community networking pathway, much like a “streets and roads system” for technology. ACNC received notification on August 30 that a two-phase community networking grant had been awarded by the Texas Telecommunications Infrastructure Fund. Phase 1 is a $25,000 reimbursement planning grant designed to facilitate the development of a Community Networking Plan. The plan is due January 30, 2002. Phase 2, in the amount of $500,000, will be awarded if the Telecommunications Infrastructure Fund Board accepts the Community Networking Plan.
As the ACNC group moved through the planning processes, several goals are being formulated:
· Establish and implement short-term plans to provide linkage of existing infrastructures (via wireless technologies) using Phase 2 grant funding
· Expand infoAbilene.org’s capacities, using Phase 2 grant funding, to provide consistent broadband internet access and resources to make it the Community Portal for information and referral resources as well as the community’s primary exchange point for electronic information linkage
· Design and implement expanded community information sharing capabilities, such as broadcasting City Council meetings and School Board meetings in an efficient and collaborative manner using existing AISD and City infrastructure augmented by Phase 2 grant funding for equipment and resources
· Develop expanded access and training capabilities, such as implementing broadband internet capability at the County Extension office, accessing available additional funding sources as grant match
· Provide, through collaborative efforts, connectivity and training capabilities for City Fire stations (/Wylie ISD and Region XIV ESC will be key players in this initiative)
· Develop long-range plans to build permanent fiber optic infrastructure to facilitate the community’s interconnectivity linkage (this will require obtaining additional grant funding)
Working closely with the City Attorney’s office, the best strategy for pursuing these goals are being developed. The Interlocal agreement and other appropriate documents will be constructed to ensure compliance with statutory requirements, PUC regulations, etc.
To date, parties to the ACNC have
verbally committed to total cash funding of approximately $2,500. The Telecommunications Infrastructure Fund
grant requires an overall local match of 10%. In-kind and other funding sources may be
counted toward the match, therefore City budgetary impact is expected to be
nominal. Staff recommends that the City
Council authorize the City Manager to execute an Interlocal agreement and other
appropriate documents pertaining to the Abilene Community Networking
Collaborative.
Council and staff discussion included: multigrant
consideration, time frame constraints, fund balance, and this collaborative
effort being a positive example of how Abilene groups work together.
AYES: Councilmen Archibald, Southward, Williams, Beckham, McNeil, Councilwoman Alexander, and Mayor Barr.
NAYS:
None.
4.3 Tony Neitzler, Assistant Director of Community Services, briefed the Council on an Ordinance considered on second and final reading amending Chapter 6, “Animals and Fowl,” Article II, “Pets” of the Abilene Municipal Code to add “Division 3. Dangerous Dogs”. Mr. Neitzler stated in recent months, there has been an increase in the incidence of animal-to-animal attacks resulting in serious injury or death to one of the involved animals. In most of these cases the attacking animal was either not properly confined or not under the control of their owners. The proposed amendment would allow staff to treat these animals as dangerous animals in similar fashion to the way the City addresses dangerous dogs that attack humans. The proposal would allow staff upon a finding that the dog was “dangerous” to establish strict conditions for confining these animals. The Animal Control Advisory Board and staff recommend approval.
Mayor Barr opened a
public hearing on the item, and the following individual spoke in favor of the
request:
·
Ms. Ila Beard, 3126
Oak St., stated her dog was attacked in her yard, and she is concerned that her
child could have been.
·
Mrs. Herring, S. 12th,
sated she works for a vet, and that her cat was killed by two dogs in her front
yard.
There being no one else present and desiring to be heard, the public hearing was closed.
Council
and staff discussion included: the possible difference of opinions of
seriousness of injuries, monitoring registration, more restrictions under the
proposed new law, more aggressive breeds in Abilene now, the need to make
owners more responsible if they choose to have these animals, the importance to
have the ordinance well advertised, concerns with danger to humans when dogs
are being separated, and the need to address isolated situations.
AYES: Councilmen Archibald, Southward, Williams, Beckham, McNeil, Councilwoman Alexander, and Mayor Barr.
NAYS:
None.
The
Ordinance is numbered 40-2001
and is captioned as follows:
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
4.4 Mike Hall, Director of Community Services, briefed the Council on an Ordinance considered on second and final reading establishing Standards of Care for City of Abilene Youth Programs. The Parks & Recreation Board 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.
AYES: Councilmen Archibald, Southward, Williams, Beckham, McNeil, Councilwoman Alexander, and Mayor Barr.
NAYS:
None.
The
Ordinance is numbered 41-2001
and is captioned as follows:
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
Mayor Barr stated the Council will go 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
Beckham moved to approve Mayor
Barr’s appointment of Randy Nicholson to the Graduate Advisory Board as
outlined in the Memorandum of Understanding with Texas Tech. Councilman McNeil seconded the motion and the motion carried.
AYES: Councilmen Archibald, Beckham, Williams, Southward, McNeil, Councilwoman Alexander, and Mayor Barr.
NAYS:
None.
There being no further business, the meeting was adjourned at 11:30 a.m.
_____________________________ ______________________________
City
Secretary Mayor