CITY COUNCIL MEETING

March 14, 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 March 14, 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.

 

            Councilwoman Kay Alexander gave the invocation.

 

            Pledge of Allegiance was led by Mayor Barr’s granddaughters, 8-year old Ann and 5-year-old Katherine Henson.  Also in attendance were their parents Carter and Michele Henson, brothers Michael, Sean, Gregory and Blake, cousin Mitchell, and grandmother Ann Barr.

 

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

 

            35 Years   Frank Weise                           Police Officer

                                                                                    Police

            20 Years   Michael Andrews                      Fire Fighter

                                                                        Fire

            20 Years   Charles E. Bailey                       Fire Fighter

                                                                        Fire

            20 Years   Joel A. Garza                           Fire Fighter

                                                                        Fire

            20 Years            Winford D. Greenwood            Fire Fighter 

                                                                        Fire

20 Years   Harold E. Sexton                     Fire Fighter

                                                                        Fire

20 Years   David W. Standard                 Fire Fighter

                                                                        Fire

20 Years   Lee Roy Simmons, Jr.                    Meter Worker II

                                                                        Water

 

            Mayor Barr presented the following Proclamations:

            March as “National Quilt Month”;

            March 23, 2002 as “White Cane Day” and

            March as American Red Cross Month”.

 

City Manager Roy McDaniel introduced Melvin Martin, Chief of Police.  Chief Martin introduced Gary Cilento, Crime Analyst, who assisted with a slide presentation of the Police Administration Division.  Chief Martin presented an update on where Abilene is in the area of crime statistics, then reviewed the Police Department Organizational Chart.

Council commented on: the pending retirement of one Deputy Chief and whether that position will be filled or absorbed by the two remaining Deputies, the Citizens Academy, curfew issues, traffic light violations, cell phone use by motorists, and camera use in police vehicles.

 

Mr. McDaniel stated the area of communications is the primary need of the Police Department.

 

Mayor Barr and Council commended Chief Martin on an outstanding Police Department.

 

No Council action was required.

 

 

DISPOSITION OF MINUTES

There being no corrections, additions, or deletions to the February 28, 2002 Regular City Council and Financial Workshop Minutes, Councilman Archibald made a motion 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

            Councilman McNeil made a motion to approve consent agenda items 3.1 through 3.7, and first reading of items 3.8 and 3.9. 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              Resolution appointing Election Officials and fixing their rate of compensation for the Joint City/AISD General Election May 4, 2002 and the June 1, 2002 Runoff Election, if necessary.

 

The Resolution is numbered 4-2002 and is captioned as follows:

 

A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ABILENE, TEXAS, AND THE BOARD OF TRUSTEES, ABILENE INDEPENDENT SCHOOL DISTRICT, APPOINTING VARIOUS ELECTION OFFICIALS FOR THE MAY 4, 2002 JOINT CITY/SCHOOL ELECTION AND JUNE 1, 2002 RUN OFF ELECTION, IF NECESSARY, AND FIXING THEIR RATE OF COMPENSATION.

 

3.2              Oral Resolution authorizing the City Manager to enter into an operations agreement with the Federal Aviation Administration (FAA) for the new Air Traffic Control Tower (ATCT) at Abilene Regional Airport.

3.3              Oral Resolution authorizing the City Manager to execute a supplemental contract with Tippett and Gee for additional Taxiway B design work at Abilene Regional Airport in the amount of $33,876.

 

Bid Awards:

3.4              Hot Mix Overlay, North Sayles Area Rehabilitation, Phase III, Bid #CB-2051.  The bid was awarded to J. H. Strain & Sons, Inc. of Tye, TX in the amount of $114,408.00, as recommended by staff.

 

3.5              Backhoe Loader for Water Distribution, Bid #CB-2045. The bid was awarded to Yellowhouse Machinery, the low responsive bidder in the amount of $52,997.00, as recommended by staff.

 

3.6              C-900 PVC Water Pipe, Bid #CB-2050. The bid was awarded to Plastic Wholesale Supply, Abilene, Texas as the most advantageous bid to the City of Abilene in the amount of $151,142.40, as recommended by staff.

 

3.7              Painting of Clear Fork Pump Station and Water Plant Clarifiers, Bid #CB-2047.  Council authorized the City Manager to execute a contract with Corrosion Eliminators, Inc., Mineral Wells, TX in an amount not to exceed $135,559.00 as the lowest responsible bidder, as recommended by staff.

 

 

Ordinances:

3.8              Z-01202 – Rezone from AO (Agricultural Open Space) to LI (Light Industrial) zoning district property located in the 8200 block of Military Drive, and set a public hearing for March 28, 2002 at 8:30 a.m.

 

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.

 

3.9              Z-01302 – Rezone from AO (Agricultural Open Space) to MH (Mobile Home) zoning district property located at 342 Anson Avenue, and set a public hearing for March 28, 2002 at 8:30 a.m.

 

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.

 

 

REGULAR AGENDA

 

Resolutions:

4.1       David Wright, Director of Finance, briefed the Council on two Resolutions directing publication of: 1) Notice of Intention to Issue Combination Tax and Revenue Certificates of Obligation, Series 2002, and 2) Notice of Intention to Issue Combination Tax and Airport Revenue Certificates of Obligation, Series 2002.

 

            At the Council meeting held on February 28, 2002, the Capital Improvements Program (CIP) was submitted for review with a recommendation for $3,700,000 in projects for the certificates of obligation sale.  The project categories are park and recreation improvements, constructing improvements and repairs to City streets together with traffic and street signalization improvements, and improving and renovating the City Hall, Cypress Plaza Building, Adaptive Recreation Center, and the Civic Center.  Mr. Wright explained the Resolution addressing the $3.7 million is written to allow money to be moved among the projects should the Council choose to cancel a project and use those funds on another project.  Mr. Wright noted the projects identified as Group 1 and Group 2; stating Group 1 projects are those allocated to be funded with the $3.7 million. Group 2 projects are those that, through the way the Resolution is written, could be funded by cancelling a Group 1 project and reallocated to them.  Certificates of obligation in the amount of $1,500,000 are recommended for the Abilene Regional Airport Terminal projects.  The project is for the purpose of improving, expanding, renovating, and equipping the Abilene Regional Airport Terminal and related parking.  The City will hold a public hearing that is required under federal law on April 8, 2002, at 10:00 a.m. in the Airport’s Press Room on the issuance of these certificates. If approved, staff will complete preparation of the Official Statement on these issues and set April 18, 2002, as the sale date.  Additionally, of the $17,950,000 voter approved General Obligation bonds, $6,000,000 was sold in April 1999 at the first sale, $5,000,000 was sold in April 2000, and $3,105,000 was sold in April 2001.  The last sale of $3,845,000 will be sold on April 18, 2002.  The $3,845,000 provides 1) $2,685,000 for street improvements, and 2) $1,160,000 for traffic/transportation improvements.  This does not require any action by the Council at this time.  The certificates of obligation are funded within the current debt tax rate of 10.70˘; therefore, in keeping with City Council policy, no increase in the debt tax rate will occur.  The General Obligation bonds will be funded by a tax levy to be determined when the FY 2003 tax roll and the interest rate bid on the bonds is received.  Based on today’s estimates, it could be approximately 1.1˘.  Staff recommends the City Council plan for the sale of the General Obligation Bonds and approve the two Resolutions directing the publications of Notice of Intention to Issue Certificates of Obligation.

 

Mayor Barr stated, “I would like for Council to consider on the sale of the GOs ($3,845,000) setting aside $1,684,000 for improvements to Grape & N. 6th Streets (those were the two streets addressed in the bond issue that are now being postponed), to use $1,105,000 of the CO sale that is being considered today for the N. 1st Street extension and to take the funds designated for Phase III of the City Hall renovations and allocate those for N. 1st Street improvements.  If City Hall renovation bids come in at an acceptable budget, then consider borrowing money either from the GO fund or from the General Fund to proceed with those renovations and then pay that debt back with the CO sale of 2003.”

 

            Mr. Wright noted the money to renovate City Hall could be borrowed from the General Fund but could not be borrowed from the Bond funds because the bond funds were approved only for streets and traffic improvements.

 

            Mr. McDaniel stated the money could be borrowed from the GOs and allocated for N. 1st Street and then the N. 1st Street funding could be reallocated for City Hall renovations.

 

            Mayor Barr stated his recommendation sets aside the money for the implied commitment from the Bond issue and that the N. 1st Street extension is mandatory in preparation for Frontier Texas in 2003.  Mayor Barr further stated a decision is not ready to be made to do Phase III of City Hall renovations but if acceptable bids come in for that renovation the needed funding could be borrowed at that time to do those renovations.

 

Council and staff discussion included: 1) the $1.5 million in unspecified streets be reduced to $1.1 million which would cover the N. 1st Street extension and allow the total debt to be reduced from $5.2 million in total Certificates of Obligation to $4.8 million, 2) what street improvements would be done, 3) design capabilities not being available today to add more projects with the expectation of seeing those under construction before summer after next, 4) what isn’t used out of the $5.5 million this year will be gone unless debt is added to the tax rate, 5) funding needs of identified projects over the next 10-20 years that need to be addressed based on their condition today, 6) if $5.2 or $5.5 million is approved, the COs are sold and the projects can’t be done this year then the CO funds will still be available next year, and 7) to take City Hall renovations out of the CO sale until the City Council approves actually doing those renovations.

 

            Councilman Southward made a motion to approve the Resolutions directing publication of: 1) Notice of Intention to Issue Combination Tax and Revenue Certificates of Obligation, Series 2002 in the amount of $3,700,000, and 2) Notice of Intention to Issue Combination Tax and Airport Revenue Certificates of Obligation, Series 2002 in the amount of $1,500,000, as recommended by Mayor Barr as follows: allocate $1,684,000 for Grape & N. 6th Streets out of General Obligation funds, allocate funds from today’s approved CO sale and the funds previously designated for Phase III of City Hall renovations for the N. 1st Street extension. If City Hall renovation bids come in at an acceptable budget, then Council will decide on where to borrow the money to proceed with those renovations and it is the City Council’s intent to pay that debt back with the CO sale of 2003. Councilman McNeil seconded the motion and the motion carried.

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

            NAYS: Councilman Beckham.

 

The Resolution is numbered 5-2002 and is captioned as follows:

 

DIRECTING PUBLICATION OF NOTICE OF INTENTION TO ISSUE COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, SERIES 2002.

 

 

 

 

The Resolution is numbered 6-2002 and is captioned as follows:

 

DIRECTING PUBLICATION OF NOTICE OF INTENTION TO ISSUE COMBINATION TAX AND AIRPORT REVENUE CERTIFICATES OF OBLIGATION, SERIES 2002

 

 

4.2       Sharon Hicks, City Attorney, briefed the Council on a Resolution allowing Lytle Lake Water Control and Improvement District to join in the May 4, 2002 Joint City/AISD General Election. A copy of the Resolution was distributed, and Ms. Hicks stated staff recommends Council approve the Resolution allowing Lytle Lake Water Control and Improvement District to join in the May 4, 2002 Joint City/AISD General Election, and authorize the City Manager to sign an amended Elections Services contract with the Taylor County Elections Administrator.  Ms. Hicks further stated the Lytle Water District Board acted on the proposed resolution March 13 and AISD has placed it on the agenda for their March 18 board meeting.

 

            Councilwoman Alexander made a motion to approve the Resolution allowing Lytle Lake Water Control and Improvement District to join in the May 4, 2002 Joint City/AISD General Election, and to authorize the City Manager to sign the amended Election Services contract with the Taylor County Elections office, 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.

 

            The Resolution is numbered 7-2002 and is captioned as follows:

 

A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ABILENE, TEXAS, THE BOARD OF TRUSTEES OF THE ABILENE INDEPENDENT SCHOOL DISTRICT, AND THE BOARD OF DIRECTORS OF THE LYTLE LAKE WATER CONTROL AND IMPROVEMENT DISTRICT, ORDERING A JOINT ELECTION TO BE HELD IN SAID CITY, SCHOOL DISTRICT AND WATER DISTRICT ON MAY 4, 2002; PROVIDING FOR THE ELECTION OF PERSONS TO SERVE AS MAYOR AND IN PLACES 3 AND 4 ON THE CITY COUNCIL OF THE CITY OF ABILENE, IN PLACES 4, 5 AND 6 ON THE BOARD OF TRUSTEES OF THE ABILENE INDEPENDENT SCHOOL DISTRICT, AND TWO PERSONS TO SERVE ON THE BOARD OF DIRECTORS OF THE LYTLE LAKE WATER CONTROL AND IMPROVEMENT DISTRICT.

 

 

Ordinances:

4.3       Sharon Hicks, City Attorney, briefed the Council on an Ordinance amending Chapter 5, “Ambulances”, of the Abilene Municipal Code.  Ms. Hicks stated currently under Chapter 5, Section 5-30 of the City Code Ambulances Abilene requires those operating an ambulance service to provide a performance surety bond in the amount of $1,000,000.00.  Ms. Hicks further stated Rural Metro is presently the only provider in the City and is currently operating under a license of public convenience and necessity; and noted the City no longer subsidizes ambulance service.  Ms. Hicks referenced a letter from Mike Collins, Division General Manager, which indicated it has proven extremely costly for Rural Metro to provide a performance surety bond in the amount of $1,000,000.00, and stated the proposed ordinance requires performance security valued at $825,000.00 which can be fulfilled by any one of the following or combination thereof, as determined by City in its sole reasonable discretion: letter of credit, bond, escrowed assets, corporate guaranty, note or other assurances.  Ms. Hicks concluded by stating the proposed ordinance also provides an additional definitional provision of when the performance security may be forfeited which is defined as when an applicant’s license to conduct business is fully and finally revoked by the Texas Department of Health.  Staff recommends 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 approve the Ordinance amending Chapter 5, “Ambulances”, of the Abilene Municipal Code, 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.

 

            The Ordinance is numbered 10-2002 and is captioned as follows:

 

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.

 

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 made a motion to approve Mayor Barr’s reappointments of Roy McDaniel and Jo Moore as the Cities’ representatives to the 911 Emergency Communications District Board of Managers, terms expiring 2/2004. 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 adjourned at 11:00 a.m.

 

 

 

            _____________________________                          ______________________________

            Jo Moore                                                              Grady Barr

            City Secretary                                                                      Mayor