February 28, 2002, 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 February 28, 2002, 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
Angelica Aquino, fourth-grader at Lee Elementary School. Also in attendance were Angelica’s mother
and her principal, Mrs. White.
City Manager Roy McDaniel introduced Lt. Steve Fullerton, Division manager for the Fire Department Support Services division and Linda Gallion, support services staff. Lt. Fullerton gave a presentation on the Division functions which included Budget, Responsibilities, Training Areas, Training the Public, Training Station Staff, Training Station Duties, Fire Department Recruit Academy Orientation, Citizens Fire Academy (which is usually held in September), and Inventory Items.
Mr. McDaniel noted this is the first year a fire academy is not being held due to the City having hired firefighters who are already certified.
No Council action was required.
There being no corrections, additions, or
deletions to the February 14, 2002 Regular City Council and Capital
Improvements Program Workshop Minutes, Councilman Archibald made a motion to
approve the minutes as printed. Councilman Southward seconded the motion and
the motion carried.
AYES: Councilmen Archibald, Southward, Williams,
Beckham, McNeil, Councilwoman Alexander, and Mayor Barr.
NAYS: None.
Councilman
Southward requested Item 3.2 be
removed from the Consent Agenda and considered separately. Councilman Archibald made a motion to approve consent agenda items
3.1, 3.4, 3.5, and first reading of item 3.3. Councilwoman Alexander 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 contract for Election Services with Taylor County Elections Office for May 4, 2002 Joint City/AISD General Election.
3.2 Removed from the Consent Agenda to be considered separately. Oral Resolution approving an amendment to the Goodman Corporation contract for Downtown Multi-Modal Passenger Facility services.
Ordinances:
3.3 Ordinance amending Chapter 5, “Ambulances”, of the Abilene Municipal Code, and set a public hearing for March 14, 2002 at 8:30 a.m.
AN ORDINANCE AMENDING CHAPTER 5, “AMBULANCES”, OF THE ABILENE CITY CODE, BY AMENDING CERTAIN SECTIONS AS SET OUT BELOW, PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND CALLING A PUBLIC HEARING.
Bid Awards:
3.4 Sideloader Solid Waste Trucks. The bid for three trucks was awarded as per the Houston-Galveston Area Council’s completed bid process and approval, in the amount of $451,131.18, as recommended by staff.
3.5 F679-PS46 Sanitary Sewer Pipe, Bid #CB-2048. The bid was awarded to Sims Plastic, Inc., Odessa, Texas in the amount of $95,462.25, as recommended by staff.
REGULAR AGENDA
Resolutions:
3.2 Robert Allen, MPO Transportation Planning Director, briefed the Council on an Oral Resolution approving an amendment to the Goodman Corporation contract for Downtown Multi-Modal Passenger Facility services. Mr. Allen explained the primary criteria, primary location possibilities, and opportunities for funding the project.
Councilman Southward made a motion to approve, by Oral
Resolution, an amendment to the Goodman Corporation contract for Downtown
Multi-Modal Passenger Facility services, 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.
Public Appearance:
4.1 Kathy
Merrill, Director of Administrative Services,
introduced Chris Hartung of Waters Consulting Group, Inc., Dallas,
Texas. Mr. Hartung briefed the Council on the proposed profile
for the City Manager recruitment process.
Mr. Hartung stated the first phase of the process was to gather
information to develop the profile distributed to Council today, then a
marketing brochure was developed. Mr. Hartung summarized additional recruitment
process activities that have taken place over the past few weeks. Mr. Hartung further stated his firm will
contact prospective candidates and once resumes are received, screen them
against the profile and narrow the field down, background investigations will
be done, then his firm will facilitate the Council’s interview of the
applicants.
Mayor
Barr expressed his appreciation to Ms. Merrill for an outstanding job in the
recruitment process.
Councilman
McNeil made a motion to approve
the proposed profile for the City Manager recruitment process as presented. Councilman Archibald seconded the motion and the motion carried.
AYES: Councilmen Archibald,
Southward, Williams, Beckham, McNeil, Councilwoman Alexander, and Mayor Barr.
NAYS: None.
Resolutions:
4.2 Linda Simpson, Assistant Director of Water Utilities, briefed the Council on an Oral Resolution authorizing the Mayor to execute an application to amend Lake Kirby Water Right Permit #4266 and to execute an application for a Bed & Banks Permit for O. H. Ivie Water. Ms. Simpson stated the City of Abilene currently holds Water Right Permit No. 4266 which authorizes 4330 acre feet of treated wastewater effluent (reclaimed water) for irrigation of farm land within specified areas near the existing Wastewater Treatment Plant. With reclaimed water now being transported and stored in Lake Kirby, an application is being requested to amend Permit No. 4266 to allow the use of reclaimed water anywhere within the corporate boundaries of the City, and to use the bed and banks of Lake Kirby, for the transport and subsequent diversion and use of reclaimed water from Lake Kirby. Additionally, an application for a Bed and Banks Permit is being requested to allow O. H. Ivie water to be discharged and transported through Cedar Creek to Lake Kirby from the Southside Water Treatment Plant site. Under extreme drought or emergency conditions, this would allow Ivie water to be transported through Cedar Creek to Kirby and then by pipeline to Grimes Water Treatment Plant for subsequent treatment. Mr. Martin Rochelle, Austin Water Attorney, has prepared an application to amend Permit No. 4266 and a Bed and Banks Permit Application. Both applications require City Council approval and authorization prior to filing with the TNRCC. Staff is recommending that by oral resolution the City Council authorize the Mayor to sign the application to amend Permit No. 4266 and to execute an application for a Bed and Banks Permit.
Councilman
Southward made a motion to authorize
the Mayor, by Oral Resolution, to execute an application to amend Lake Kirby
Water Right Permit #4266 and to execute an application for a Bed & Banks
Permit for O. H. Ivie Water, 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.
4.3 Linda Simpson, Assistant Director of Water Utilities, presented an update of the Ivie Intake Pump station, ground storage and booster pump station, and Ovalo Ground Storage tank, noting the site was selected before the lake filled. Ms. Simpson then briefed the Council on an Oral Resolution authorizing a Scope of Engineering Services for certain tasks during the construction of the new Southside Water Treatment Plant. Ms. Simpson stated the CH2M Hill Professional Services Agreement dated October 26, 2000 for the Southside Water Treatment Plant design outlined a series of scope of engineering design services for the project. Ms. Simpson further stated there are three remaining tasks necessary to complete the construction phase, and referenced a letter from David Lewis, P.E., Managing Project Director, which outlines these tasks and associated costs. These services will assure that all materials and goods needed to construct the project meet specifications and that proper inspection is made of the contractor’s construction progress. Staff recommends that, by oral resolution, the City Council: 1) authorize task 5, 6, and 7 as described in the letter from CH2M Hill dated January 19, 2002; 2) Incorporate the tasks in the October 25, 2000 agreement; and 3) that funding for tasks shall not exceed $864,000.00. Ms. Simpson then introduced Mr. Lewis, who presented the construction management process, and recapped the project cost and future needs. Mr. Lewis reviewed the project timeline, costs, current actions, future needs and considerations. Mr. Lewis stated the construction budget is over cost from what was estimated in June of 2000. Mr. Lewis further stated, by contract, within 90 days of completion full capacity will be reached. Mr. McDaniel noted that out of the total budget the project is still within budget.
Mayor Barr stated his concern that the project is behind the timeline. Mr. Hill explained how the overall schedule is monitored to stay within the timeline.
Councilman
Archibald made a motion by
oral resolution to authorize a Scope of Engineering Services for certain tasks
during the construction of the new Southside Water Treatment Plant as follows:
1) authorize task 5, 6, and 7 as described in the letter dated January 19,
2002; 2) Incorporate the tasks in the October 25, 2000 agreement; and 3) noted
funding for tasks shall not exceed $864,000.00. Councilwoman Alexander seconded
the motion and the motion carried.
AYES: Councilmen Archibald,
Southward, Williams, Beckham, McNeil, Councilwoman Alexander, and Mayor Barr.
NAYS: None.
4.4 Scott Payne, Risk Manager, briefed the Council on an Oral Resolution authorizing the City Manager to enter into a contract with Robert Hughes Associates, Inc. to perform an actuarial study of the City’s self-insurance fund. Mr. Payne stated as part of the 2001/2002 budget, the Abilene City Council approved an actuarial study of the City’s Self-Insurance Fund. This study would analyze and make recommendations regarding the various areas of the City’s Risk Management program including the areas of safety, workers’ compensation, liability, health benefit plan design and excess insurance retention levels. The study will also examine the current reserves in the fund in relation to the exposures of the fund (general liability, auto liability, workers’ compensation, health) and make recommendations for appropriate funding levels. A Request for Proposal (RFP) was developed in January 2002 and sent to interested actuarial firms with a response deadline of February 8, 2002. The City received two responses: one from Robert Hughes Associates, Inc. and one from Milliman USA. The Robert Hughes Associates, Inc. proposal was submitted with a price of $18,355 while the Milliman USA proposal had a price of $22,000, plus any travel expenses. Both firms are located in Dallas, Texas and have experience with public entities. Staff recommends hiring the firm of Robert Hughes Associates, Inc. to conduct the actuarial analysis.
Council and staff discussion included: a brief history of self insurance, the last study having been conducted in 1978, how often the study should be conducted, the factors that help determine when a study is needed, and the results from this study being available by April, 2002.
Councilman
Southward made a motion, by
oral resolution, to authorize the City Manager to enter into a contract with
Robert Hughes Associates, Inc. to perform an actuarial study of the City’s
self-insurance fund, 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.
Ordinances:
4.5 Jeff Armstrong, Development Services Administrator, briefed the Council on second and final reading of appealed zoning case #Z-00802 – Rezone from LI & HC (Light Industrial & Heavy Commercial) to HC (Heavy Commercial) zoning district property located at 4317 S. Treadaway. The Planning & Zoning Commission recommends denial; staff recommends approval.
Mayor Barr opened a
public hearing on the item, and the following individuals spoke in response to
the request:
· Randy Stevenson, representing United Affordable Housing, a company that builds tax credit housing. Mr. Stevenson distributed handouts of similar projects his company has done, stating Abilene is a similar market to Wichita Falls, and explained the process his company went through in analyzing the project and in searching for land in Abilene. Mr. Stevenson explained how the finished project would look, and noted his company would be required to maintain the property for 15 years.
· Wayne Street, Street Foundations & Drilling agent for the proponent, stated he wants to sell the property, and if the sale to United Affordable Housing doesn’t take place, he still wants the rezoning in order to do something with the property and to make this land compatible with the other HC zoned area. Mr. Street stated businesses in the area have voiced no problems with the rezoning.
· Ed Wright, owner of Incounters, a light manufacturing of countertops company, stated he is in favor of the rezoning and that there is not a lot of noise generated in the area by businesses.
· Jerry Hollingsworth, Senior Vice President of Harmony Services, located in the area, stated he thinks this is a good thing for Abilene and he has no objections to the rezoning.
Sharon Hicks City Attorney, relayed comments from Thomas Wheeler, local attorney, who was present but had to leave. Mr. Wheeler’s comments were that property owners Lawrence & Vivian Brannon, 907 Energy Dr., were opposed to the request, more so for the use than the rezoning.
There being no one else present and desiring to be heard, Mayor Barr closed the public hearing.
Following Council and staff
discussion, Councilman McNeil made a motion to approve the Ordinance to
rezone from Light Industrial & Heavy Commercial to Heavy Commercial zoning
district property located at 4317 S. Treadaway,
as recommended by staff. Councilman Archibald seconded the motion and the motion carried.
AYES: Councilmen Archibald,
Williams, Beckham, McNeil, Councilwoman Alexander, and Mayor Barr.
NAYS: None.
ABSTAIN: Councilman Southward, due to his client relationship with one of the partners.
The
Ordinance is numbered 9-2002
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, AND CALLING A PUBLIC HEARING.
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 Councilwoman
Alexander made a motion to approve Mayor
Barr’s reappointment of Mike Warren to the Reinvestment (TIF) Zone, term
expiring 11/2003. Councilman Archibald
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, the meeting was recessed to the Basement Conference Room for the Financial Workshop.
FINANCIAL WORKSHOP
Council
reconvened in the Basement Conference Room for the Financial Workshop.
Roy
McDaniel, City Manager, briefed the Council on the workshop’s agenda items,
which included the review and acceptance of Financial and Investment Policies
and FY 2001 Financial Report; review of the FY 2002 Financial Status;
discussion and possible action regarding Federal Funding Requests; and discussion
and possible action on the Capital Improvements Program. Mr. McDaniel introduced auditor Becky
Roberts of Davis, Kinard & Co.
5.4a
David Wright,
Finance Director, briefed the Council on the General Fund 2000-2001
realignment. Mr. Wright reviewed the 2000-2001 General Fund Revenues and
Expenditures and the recommended use of year-end balance as follows:
·
$ 100,000 - Technology
·
$ 100,000 - Facilities Improvements
·
$ 300,000 - Self Insurance
·
$ 140,000 - Equipment Replacement
Undesignated
balance @ 9-30-01 - $8,393,077
1.71 months
Council
and staff discussion included: the budget being balanced by reducing the
undesignated fund balance; the City Manager moving funds within departments,
the directors being authorized to move funds within their departments; and the
definition of and charter requirements on budgeting.
Mr. Wright reviewed the Water & Sewer Fund Revenues and Expenditures September 30, 2001, other Revenues and Deductions; and the Enterprise Funds Combining Balance Sheet for Water & Sewer Funds Liabilities and Fund Equity, which included the O. H. Ivie Capital Project.
Mr.
Wright reviewed the Transmittal Letter to the Audit Report, explaining the
Financial and Investment Policies, then addressed tax collections and supplemental
appropriations.
Becky Roberts, auditor for Davis, Kinard & Co., P.C., briefed the Council on the Independent Auditor’s Opinion Letter, Report on Compliance and on Internal Control Over Financial Reporting Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards, Report on Compliance with Requirements Applicable to Each Major Program and Internal Control Over Compliance in Accordance with OMB Circular A-133, and Schedule of Expenditures of Federal and State Awards. Ms. Roberts informed the Council that there are 62 grants being administered through our Finance department, noting there was $7.5 million in grant expenditure last year. Ms. Roberts then reviewed the schedule of findings and the advisory comments concerning the new GASB Pronouncement on Financial Statement reporting requirements which are scheduled to be implemented with the 2003 fiscal year. Mr. Wright stated Davis, Kinard’s assistance and services will be required to implement the GASB standards, but will not prevent the auditing firm from continuing to conduct the City audit.
Mr. Wright thanked his staff, various departmental staff, Davis, Kinard staff, City Manager McDaniel, Assistant City Manager Morrison, and the Council for their work and support.
Councilman
Southward made a motion to accept and reaffirm the Financial and Investment
Policies and the Comprehensive Annual Financial Report (CAFR) for FY 2001, as
presented by staff. Councilwoman Alexander seconded the motion and the motion
carried.
AYES: Councilmen Archibald, Southward, Williams,
Beckham, McNeil, Councilwoman Alexander, and Mayor Barr.
NAYS: None.
5.4b Mr. Wright reviewed the FY 2002 Financial Status Update, which included the General Fund and Water Utility Revenue by Category, Property Tax Collections, Sales Tax Performance, and Summary of Revenue & Expenditures for Budget Fiscal Year 2002 as of January 31, 2002 for General Fund and Water Utility.
No Council action was required.
5.4c Assistant City Manager Michael Morrison briefed the Council on Federal Funding requests. Mr. Morrison distributed a summary of potential projects for earmarked Federal funds which included Transportation, Community Services, Information Technology, Economic Development – Downtown, and Water Resources. Andy Anderson, Director of Public Works, briefed the Council on the North Entry Gate Project.
Mr. McDaniel reminded Council that Federal funding usually requires a City match.
No Council action was taken.
5.4d Mr. McDaniel briefed the Council on the Capital Improvements Program, stating a final decision by Council will be needed by March 14, 2002. Council reviewed the General Obligation bonds projects for Street Improvements, and Traffic and Transportation.
Councilman Southward stated citizen input he has received regarding the street project changes is a problem between what was told the voters concerning the use of the bond money for specific street improvements and what is now being recommended.
Mr. McDaniel
explained the changes in priorities in street needs, stating staff is proposing
the best uses of financial resource since Grape Street and N. 6th
are not designed yet but will be ready next spring. Mr. McDaniel also stated the street project changes this year
will be proposed for next year’s certificate sale. Mr. McDaniel further stated
Council needs to move ahead with the General Obligation Bond Sale, and even
though Council does not have to specify the streets for the bond sale, they
will eventually have to be identified.
General
consensus of Council was for staff to move forward in preparation for the
$3,845,000 General Obligation, Series 2002 Bond sale.
Mr. McDaniel briefed the Council on the proposed Certificate of Obligation Sale Series 2002. Mr. McDaniel stated a total of $5.2 million is proposed which includes the City Hall renovation or a total of $3.7 million without the renovation. Mr. McDaniel stated the $5.2 million is needed from a financial standpoint whether it is spent on City Hall or streets. Mr. McDaniel noted the expense involved in having to hold two CO sales and recommended against another sale this summer.
Council and staff discussion included: reducing debt and not issuing Certificates of Obligation automatically, authorizing staff to proceed with the sale with Council’s decision on $3.7 million or $5.2 million to be made at the March 14 Council meeting. Mr. Wright stated that more than one half of the $1.5 million being proposed is to replace the HVAC in the City Hall building.
Mr. Wright briefed the Council on the outlook of the CO Program over the next five years, addressing what won’t be able to be accomplished and what is not even being addressed.
Councilman Southward stated he would support the total $5.2 million sale under two provisions: 1) that the $1.5 million currently proposed for City Hall renovations is allocated for street improvements, and 2) any changes to that would be made by a vote of the Council.
Staff will proceed on schedule for the Certificates of Obligation Series 2002 sale, and the issue will be on the March 14 agenda for Council consideration of approval of $3.7 or $5.2 million. If the total $5.2 million is approved by Council on March 14, then Council will decide whether the $1.5 million will be designated initially for City Hall or streets. It was noted if the bids on City Hall are within budget, Council could then decide to reallocate the $1.5 million to City Hall.
There
being no further business, the meeting was adjourned at 12:25 p.m.
_____________________________ ______________________________
Jo
Moore Grady Barr
City
Secretary Mayor