April 18, 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 April 18, 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, Rob Beckham, Jimmy
McNeil, and Councilwoman Kay Alexander.
Also present were Assistant City Manager Michael Morrison, City Attorney
Sharon Hicks, City Secretary Jo Moore, and various members of the City
staff. Councilmen Kris Southward and
Anthony Williams, and City Manager Roy McDaniel were absent.
Councilman Rob Beckham gave the invocation.
Pledge of Allegiance was led by Hannah Capra, 10-year-old niece of Councilman Beckham. Also in attendance was Hanna’s mother and homeschool teacher, Nancy Capra.
Mayor Barr presented the following proclamations:
April 21-27, 2002 as “National Crime Victims Week”,
May 5-11, 2002 as “Home Education Week”, and
April 18-20, 2002 as “Children’s Miracle Network Week”.
Assistant City Manager Michael Morrison introduced Jeff Bullock, Zoo administrator, who briefed the Council on the Zoo Master Plan. Jere Drake, Mr. Bullock’s secretary, assisted in a slide presentation which included an aerial photo of the zoo site, the 1980 master plan, and the 2002 Master Plan – “A Vision for the Future”. Final completion of the Plan is expected in 2017. Mr. Bullock introduced the Zoological Society board president and members of the Board present in the audience.
Mayor Barr commended Mr. Bullock on the presentation and thanked volunteers for their assistance to staff, stating he’s hopeful the time frame for completion of the Plan can be met.
No Council action was required.
Mayor Barr noted that at 11:20 a.m., it would be necessary for the Council to move to agenda item 4.5 for the report on the bids and to consider the Ordinances authorizing the issuance of the 1) General Obligation Bonds, Series 2002, in the amount of $3,845,000; 2) Combination Tax and Revenue Certificates of Obligation, Series 2002, in the amount of $3,700,000; and 3) Combination Tax and Airport Revenue Certificates of Obligation, Series 2002, in the amount of $1,500,000.
Mayor Barr stated due to Council meetings being only one week apart this month, the April 11, 2002 Council minutes along with the minutes from today’s meeting will be submitted for Council consideration at the May 9, 2002 council meeting.
Councilman
Archibald made a motion to approve
consent agenda items 3.1 through 3.3, 3.5, and first reading of item 3.4. Councilwoman
Alexander seconded the motion and the motion carried.
AYES: Councilmen Archibald, Beckham, McNeil, Councilwoman Alexander, and Mayor Barr.
NAYS: None.
Resolutions:
3.1 Oral Resolution authorizing the City Manager to sign the Zoo operating agreement.
3.2 Resolution designating names for access ways on private property for addressing purposes.
The Resolution is numbered 10-2002 and is captioned as follows:
A RESOLUTION DESIGNATING NAMES OF INTERNAL ACCESS WAYS FOR 911 AND OTHER ADDRESSNG PURPOSES IN THE DISABILITY RESOURCES, INC., COMPLEX.
3.3 Oral Resolution authorizing the City Manager to execute a renewal contract not to exceed $50,000 with Winston & Strawn for consulting services to assist in identifying sources of federal funding for City projects.
Ordinances:
3.4 Amend Zoning Ordinance Sections 23-306.4, Permitted Uses, 23-306.5.b(2), Conditional Use Provisions, concerning Animal Lots (private), and set a public hearing for May 9, 2002 at 8:30 a.m.
AN ORDINANCE AMENDING CHAPTER 23, “PLANNING AND COMMUNITY DEVELOPMENT,” SUBPART E, “ZONING,” OF THE ABILENE MUNICIPAL CODE, BY AMENDING CERTAIN SECTIONS AS SET OUT BELOW; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY AND CALLING A PUBLIC HEARING.
Bid Awards:
3.5 Northeast Outfall Sewer Line, Bid #CB-2055. The bid was awarded to Starks Construction Company, Inc., Abilene, Texas for an amount not to exceed $221,849.00, as recommended by staff.
REGULAR AGENDA
Ordinances:
4.1 Jeff Armstrong, Development Services Manager, briefed the Council on an Ordinance considered on second and final reading - Z-01102 – Rezone from AO & GC (Agricultural Open Space & General Commercial) to GC (General Commercial) zoning district property located at 365 E. S. 11th Street. The Planning and Zoning Commission and staff recommend approval.
Mayor Barr opened a public hearing on the item, and the following individual spoke in favor of the request:
· Thomas Hays, agent for the proponent, stated a drainage system will be developed for future use of AISD.
There being no one else present and desiring to be heard, the public hearing was closed.
Councilwoman
Alexander made a motion to approve
the Ordinance to rezone from Agricultural Open Space & General Commercial
to General Commercial zoning district property located at 365 E. S. 11th
Street, as recommended by the
Planning and Zoning Commission and staff.
Councilman Archibald seconded the
motion and the motion carried.
AYES: Councilmen Archibald, Beckham,
McNeil, Councilwoman Alexander, and Mayor Barr.
NAYS:
None.
The Ordinance is numbered 15-2002 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, DECLARING A PENALTY, AND CALLING A PUBLIC HEARING.
4.2 Jeff Armstrong, Development Services Manager, briefed the Council on an Ordinance considered on second and final reading - Z-01502 – Rezone from AO (Agricultural Open Space) to PDD (Planned Development) zoning district property located in the 4500 block of Southwest Drive. The Planning and Zoning Commission and staff recommend approval. Mr. Armstrong noted the issues of screening along the north side of the property have been removed as recommended by the Planning & Zoning Commission.
Mayor Barr opened a public hearing on the item, and the following individual spoke in favor of the request:
· Scott Deskins, representative of SCC Development, Austin, Texas, stated they have worked with staff on all issues, and reiterated some of Mr. Armstrong’s comments on a secondary retailer.
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 Agricultural Open Space to Planned Development zoning district
property located in the 4500 block of Southwest Drive, as recommended by the Planning and Zoning Commission and staff.
Councilwoman Alexander seconded the
motion and the motion carried.
AYES:
Councilmen Archibald, Beckham, McNeil, Councilwoman Alexander, and Mayor Barr.
NAYS: None.
The Ordinance is numbered 16-2002 and is captioned as follows:
AN ORDINANCE OF THE CITY OF ABILENE, TEXAS, AMENDING CHAPTER 23, SUBPART E, "ZONING," OF THE ABILENE MUNICIPAL CODE, CONCERNING PDD-75 PLANNED DEVELOPMENT DISTRICT; CALLING A PUBLIC HEARING; PROVIDING A PENALTY AND AN EFFECTIVE DATE.
4.3 Jeff Armstrong, Development Services Manager, briefed the Council on an Ordinance considered on second and final reading - Z-01602 – Rezone from O (Office) to GC (General Commercial) zoning district property located at 1001 Grape Street. The Planning and Zoning Commission recommends approval; staff recommends denial.
Mayor Barr opened a public hearing on the item, and the following individual spoke in favor of the request:
· Larry George, 60 Lawrence Circle, representing his mother, Ms. Gilbreth, stated he has no objections to the rezoning.
· Debbie Pierce, 2401 S. 41st, part owner of the property, stated a lot of this area is occupied by some types of businesses.
There being no one else present and desiring to be heard, the public hearing was closed.
Councilman
Beckham made a motion to approve the
Ordinance to rezone from Office to General Commercial zoning district
property located at 1001 Grape Street, as
recommended by the Planning and Zoning Commission. Councilwoman Alexander seconded the motion and the motion carried.
AYES:
Councilmen Archibald, Beckham, McNeil, Councilwoman Alexander, and Mayor Barr.
NAYS: None.
The Ordinance is numbered 17-2002 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, DECLARING A PENALTY, AND CALLING A PUBLIC HEARING.
4.4 Jeff Armstrong, Development Services Manager, briefed the Council on the Appealed Item: an Ordinance considered on second and final reading - Z-01702 – Rezone from RM-3 (Residential Multi Family) to LC (Limited Commercial) zoning district property located at 1125 & 1141 Hickory Street. The Planning and Zoning Commission and staff recommend denial.
Mayor Barr opened a public hearing on the item, and the following individuals spoke in response to the request:
· Ms. Lenny Ray, 555 Palm, one of the property owners, addressed plans for the property and requested Council’s approval of the rezoning.
· Mr. Larry George, 60 Lawrence Circle, representing his mother, Ms. Gilbreath, stated he is opposed to the request, noting concerns with what could be done with the property if rezoned. Mr. George further stated he thinks the house due to its current condition could be condemned, and that Hickory Street is too narrow for business locations.
· David Patterson, 1125 Anson Avenue and owner of the property at 1141 Hickory, stated he is a partner of Ms. Ray and that they plan to renovate or remove wooden structures on the property.
There being no one else present and desiring to be heard, the public hearing was closed.
Councilman
McNeil made a motion to deny the Ordinance
to rezone from Residential Multi Family to Limited Commercial zoning district
property located at 1125 & 1141 Hickory Street, as recommended by the Planning and Zoning Commission and staff.
Councilman Beckham seconded the
motion.
AYES:
Councilmen Beckham and McNeil, and Councilwoman Alexander.
NAYS:
Councilman Archibald and
Mayor Barr.
The
motion failed.
Councilman
Archibald made a motion to approve
the Ordinance to rezone from Residential Multi Family to Limited
Commercial zoning district property located at 1125 & 1141 Hickory Street. Mayor
Barr seconded the motion.
AYES:
Councilman Archibald and Mayor Barr.
NAYS:
Councilmen Beckham and McNeil, and Councilwoman Alexander.
The
motion failed.
Council
considered Item 4.6 prior to Item 4.5 in order to adhere to the 11:20 a.m. time
requirement set for Item 4.5.
4.6 Assistant
City Manager Michael Morrison briefed the Council on the Relationship between
the City and the National Development Council, and on the Oral Resolution Acknowledging HUD Required Disclosure of
Conflict of Interest for the Downtown Manager.
Mr. Morrison stated the City of Abilene has had a continuous contract
with the National Development Council of New York (NDC) since 1992, to seek its
expertise in facilitating linking the private and public sectors to accomplish
economic development and affordable housing projects and assist in the
remediation of slum and blight. This
contract is paid for from CDBG funds.
This
past year, the City of Abilene’s Economic Development Department hired a new
Downtown Manager, a position funded with CDBG funds. Part of the manager’s duties includes overseeing projects
downtown that may qualify for CDBG HUD Section 108 funds and that require the
assistance of the NDC. The Downtown
Manager’s spouse is an employee of NDC.
While
this does not produce a state or local conflict issues, it does create a financial conflict of interest for the
Downtown Manager under HUD regulations due to the overlapping use of CDBG
funds. To address the conflict, the
City must hold a public hearing to apprise the Council and citizens of the
relationship and ask HUD to recognize an exception to the conflict. Without a realignment of either the
Downtown Manager’s duties or NDC’s scope of work to eliminate the conflict,
then the City must seek an exception to it.
Before asking HUD to grant the exception, the City must determine that
the conflict does not violate State or local law and publicly disclose the
conflict of interest. Disclosure
requires that the City acknowledge the following facts and reflect the same in
the minutes of a public meeting:
1.
The spouse of the
City’s Downtown Manager is an employee of a contractor procured with CDBG funds
for the purpose of assisting the City with activities similar to those of the
Manager;
2.
That HUD has
determined the same to be a financial conflict of interest under its CDBG
regulations found at 24 CFR 570.611 (b) and (c); and
3.
That the City is
publicly disclosing the conflict in connection with a request it intends to
make to HUD to grant an exception under 24 CFR 570.611 (d) of HUD’s
regulations.
The exception is not given automatically. As part of the City’s request to HUD, staff
must assess the conflict against seven statutory criteria, including an
explanation of how the exception will further the purposes of the CDBG program.
Staff recommends, following a public hearing,
approval by oral resolution acknowledging the conflict of interest and seeking
a HUD exception to the conflict.
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, by Oral
Resolution, acknowledging the HUD Required Disclosure of Conflict of Interest
for the Downtown Manager, and to seek a HUD
exception to the conflict of interest, as recommended by staff. Councilwoman
Alexander seconded the motion and the motion carried.
AYES: Councilmen Archibald, 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.
4.5
Award of Bids:
At approximately 11:20 a.m., the Council moved to item 4.5, Award of Bids and to Consider Ordinances authorizing the issuance of City of Abilene, Texas: 1) General Obligation Bonds, Series 2002, in the amount of $3,845,000; 2) Combination Tax and Revenue Certificates of Obligation, Series 2002, in the amount of $3,700,000; and 3) Combination Tax and Airport Revenue Certificates of Obligation, Series 2002, in the amount of $1,500,000.
David
Wright, Director of Finance, assisted by Joe Smith of First Southwest Company,
briefed the Council on the bids received and on the Ordinances authorizing
issuance of City of Abilene, Texas General Obligation Bonds, Series 2002, in
the amount of $3,845,000; Combination Tax and Revenue Certificates of
Obligation, Series 2002, in the amount of $3,700,000; and Combination Tax and
Airport Revenue Certificates of Obligation, Series 2002, in the amount of
$1,500,000.
Councilman Beckham moved to approve:
1) the bid from SAMCO Capital Markets, with a true interest cost of 4.721288
percent; and to approve the Ordinance authorizing the issuance of City of
Abilene, Texas, General Obligation Bonds, Series 2002 in the principal
amount of $3,845,000; 2) the bid from SWS
Securities with a true interest cost of 4.409649 percent and to approve the
Ordinance authorizing the issuance of City of Abilene, Texas, Combination
Tax and Revenue Certificates of Obligation, Series 2002 in the principal amount
of $3,700,000; and 3) the bid from First
Southwest Company with a true interest cost of 4.865544 percent and to approve
the Ordinance authorizing the issuance of City of Abilene, Texas, Combination
Tax and Airport Revenue Certificates of Obligation, Series 2002 in the
principal amount of $1,500,000 as
recommended by staff. Councilman McNeil
seconded the motion and the motion carried.
AYES: Councilmen Archibald, Beckham, McNeil,
Councilwoman Alexander, and Mayor Barr.
NAYS: None.
The
Ordinance is numbered 18-2002
and is captioned as follows:
AUTHORIZING THE ISSUANCE OF CITY OF ABILENE, TEXAS GENERAL OBLIGATION BONDS, SERIES 2002, IN THE PRINCIPAL AMOUNT OF $3,845,000.
The
Ordinance is numbered 19-2002
and is captioned as follows:
AUTHORIZING THE ISSUANCE OF CITY OF
ABILENE, TEXAS COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, SERIES
2002, IN THE PRINCIPAL AMOUNT OF $3,700,000
The
Ordinance is numbered 20-2002
and is captioned as follows:
AUTHORIZING THE ISSUANCE OF CITY OF
ABILENE, TEXAS COMBINATION TAX AND AIRPORT REVENUE CERTIFICATES OF OBLIGATION,
SERIES 2002, IN THE PRINCIPAL AMOUNT OF $1,500,000
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.
There being no further business, the meeting was adjourned at 1:07 p.m.
_____________________________ ______________________________
Jo
Moore Grady Barr
City
Secretary Mayor