May
23, 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 May 23, 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, John Hill, Jimmy McNeil, and Councilwoman Kay Alexander. Also present were City Manager Roy McDaniel,
Assistant City Manager Michael Morrison, City Attorney Sharon Hicks, Acting
City Secretary Debbie Hurley, and various members of the City staff.
Councilman John Hill gave the invocation.
Pledge of Allegiance was led by Christina Hickox, fifth-grader at Valley View Elementary. Also in attendance were Christina’s parents, Rosa and Paul Hickox, and school counselor Susan Hall. Mayor Barr congratulated Christina on her achievements in receiving what is equal to a perfect score in reading and math on her TAAS test; and on her having the opportunity to go to England & France this summer to sing with the children's classical chorus.
Councilwoman Kay Alexander assisted Mayor Barr in presenting Certificates of Recognition to Wylie High School 2002 State Golf, Girls’ Tennis Doubles, Boys’ Tennis Singles, 100-Meter Girls’ Hurdles, and Boys’ Long Jump Champions. Mayor Barr recognized the Wylie ISD coaches, Superintendent, Principal, and parents.
Councilwoman Alexander stated at the last Council meeting Councilman Kris Southward was elected Deputy Mayor Pro Tempore, which carries with it the title of “Deputy Dawg”. Councilwoman Alexander then presented to Councilman Southward a custom-made “medallion” with the title “Deputy Dawg”.
Mayor Barr presented a proclamation for June 6, 2002 As “National Hunger Awareness Day”.
Mayor Barr
recognized Jim Aneff of the Rotary Club, who introduced Tatiana Goncharova of
Abilene’s sister city, Chita, Russia.
Mr. Aneff stated Ms. Goncharova is an English teacher at AISD through
the rotary foundation program. Ms. Goncharova presented Mayor Barr with a book
on behalf of the mayor of Chita, Russia.
Mayor Barr thanked Ms. Goncharova, then presented to her a mesquite pen
for the mayor of Chita.
City Manager Roy McDaniel introduced Dwayne Hargesheimer, Director of Water Administration. Mr. Hargesheimer introduced Craig Robinson, resident engineer and construction manager for Freese & Nichols, Rob Culbertson of Jacob and Martin, and Chip Wilson of CH2M Hill; who distributed handouts and gave a slide presentation on the progress of the Lake Ivie Project.
Mayor Barr stated his appreciation for the presentation and to Mr. Hargesheimer on his oversight of the project.
No Council action was required.
Mayor
Barr stated the minutes of the April 26, April 30, May 1, & May 2,
2002 Special City Council Meetings and the May 9, 2002 Regular City Council Meetings would be considered at the June 13, 2002 Council meeting.
Councilman
McNeil made a motion to approve
consent agenda items 3.1 through 3.6 and final reading of item 3.7. Councilman Williams seconded the motion and the motion carried.
AYES: Councilmen Archibald, Southward, Williams, Hill, McNeil, Councilwoman Alexander, and Mayor Barr.
NAYS: None.
Resolutions:
3.1 Oral Resolution approving an amendment to the Branch Library services lease with Abilene Frenchman’s Creek ’93 Ltd. and authorizing the City Manager to execute the lease amendment.
3.2 Resolution authorizing intervention in WTU’s Docket #25874.
The Resolution is numbered 15-2002 and is captioned as follows:
RESOLUTION OF THE CITY OF ABILENE AUTHORIZING INTERVENTION IN MUTUAL ENERGY WTU, LP APPLICATION TO INCREASE PRICE TO BEAT FUEL FACTOR FILED AT THE PUBLIC UTILITY COMMISSION OF TEXAS, DOCKET NO. 25874; AUTHORIZING THE JOINING WITH OTHER INTERVENING CITIES TO PROTECT MUNICIPAL AND RATEPAYER INTERESTS; AUTHORIZING THE HIRING OF ATTORNEYS AND CONSULTANTS; AND REQUIRING REIMBURSEMENT OF THE CITIES’ RATEMAKING COSTS.
3.3 Resolution authorizing intervention in TXU’s Gas Utility Docket #9304.
The Resolution is numbered 16-2002 and is captioned as follows:
A RESOLUTION OF THE CITY OF ABILENE AUTHORIZING INTERVENTION IN GAS UTILITY DOCKET 9304 AT THE RAILROAD COMMISSION; AUTHORIZING PARTICIPATION IN A STEERING COMMITTEE WITH OTHER CITIES SERVED BY TXU AND REQUIRING REIMBURSEMENT FROM TXU LONE STAR PIPELINE OF CITIES’ REASONABLE RATE CASE EXPENSES.
Bid Awards:
3.4 Utility tractor for Solid Waste division, Bid #CB-2067. The bid was awarded to Abilene New Holland, the lowest responsible bidder, in the amount of $33,347.00, as recommended by staff.
3.5 Horizontal Grinder for Solid Waste Services division, Bid #CB-2068. The bid was awarded to Mobark, the lowest responsible bidder, in the amount of $230,747.00, as recommended by staff.
3.6 Sanitary Sewer Cleaning Equipment for Water Utilities. Council authorized the purchase by Oral Resolution, through the Houston-Galveston Area Council, of the truck mounted vacuum unit in the amount of $141,959.64 and $55,388.32 for the truck mounted jet rodder, as recommended by staff.
Ordinances:
3.7 Ordinance amending Chapter 18, “Motor Vehicles and Traffic”, Section 18-293, Parking Prohibited-At All Times; Section 18-299, Parking Time Limited; and Section 18-304, Parking Designated for the Disabled; of the Abilene City Code.
The Ordinance is numbered 21-2002 and is captioned as follows:
AN ORDINANCE AMENDING CHAPTER 18, “MOTOR VEHICLES AND TRAFFIC,” OF THE ABILENE MUNICIPAL CODE, BY AMENDING CERTAIN SECTIONS AS SET OUT BELOW; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING A PENALTY.
REGULAR AGENDA
Public Appearance:
4.1 Scott Payne, Risk Manager, briefed the Council on acceptance by Oral Resolution of the Actuarial Report from Robert Hughes Associates, Inc. Mr. Payne stated at the February 28, 2002 Council meeting, the Abilene City Council approved hiring Robert Hughes Associates to perform an actuarial study of the City’s Self-Insurance Fund. The study analyzed and has 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 also examined the current reserves in the fund in relation to the exposures of the fund (general liability, auto liability, workers’ compensation, health) and made recommendations for appropriate funding levels. The study has been completed and is being presented for acceptance by the Council. Staff recommends Council accept by Oral Resolution the actuarial report from Robert Hughes Associates, Inc. Mr. Payne then introduced Olie Jolstead of Robert Hughes Associates, who, following the detailed presentation, stated the projected ultimate losses are at the expected level and his firm is recommending that the City fund to a higher confidence interval such as the 95th percentile. The outstanding loss and ALAE at the 95th percentile is approximately $5,282,000. Mr. Jolstead further stated Abilene ranks in the top 10% nationally for cities of comparable size for management, which is even more impressive due to the fact that Texas leads the country in worker’s compensation claims.
Mayor Barr extended congratulations and appreciation to Mr. Payne for Abilene’s ranking nationally.
Council and staff discussion included: 1) the reserve being broken down into various components, 2) health care coverage continuing to decline due to increases in costs, 3) possible changes needed in the way the city funds the health plan, 4) transferring funds to the health fund if necessary, 5) past Councils having approved 60% city funding with the balance paid by employees and as costs have risen, the City percentage has not changed, 6) self-insurance being a better program than private insurance, and 7) the need for annual reviews of the program.
Councilman Southward made a motion to accept, by Oral
Resolution, the Actuarial Report from Robert Hughes
Associates, Inc., as recommended by staff. Councilwoman
Alexander seconded the motion and the motion carried.
AYES: Councilmen Archibald, Southward,
Williams, Hill, McNeil, Councilwoman Alexander, and Mayor Barr.
NAYS:
None.
Ordinances:
4.2 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 I, “In General” of the
Abilene City Code concerning prohibiting dangerous wild animals. Mr. Neitzler stated the State of Texas has
identified a list of animals considered to be Dangerous Wild Animals and has
incorporated this list into State Law.
In order for the City to enforce the prohibition against keeping such
animals inside city limits, Abilene must adopt this list as part of the city
code. The proposed amendment adds a
section to the existing city code adopting the State’s definition of Dangerous
Wild Animals. The Animal Control
Advisory 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.
Council and staff discussion included:
1) as far as staff knows no one in Abilene currently has a dangerous animal,
and 2) the proposed Ordinance not having a provision for obtaining a permit to
keep these animals in the city limits.
Councilman
Archibald made a motion to approve
the Ordinance amending Chapter 6, “Animals and Fowl”, Article I, “In
General” of the Abilene City Code concerning prohibiting dangerous wild
animals, as recommended by the
Animal Control Advisory Board and staff. Councilman Southward seconded the motion and the motion carried.
AYES:
Councilmen Archibald, Southward, Williams, Hill, McNeil, Councilwoman
Alexander, and Mayor Barr.
NAYS: None.
The Ordinance is numbered 22-2002 and is captioned as follows:
AN ORDINANCE AMENDING CHAPTER 6, "ANIMALS AND FOWL," ARTICLE I, “IN GENERAL,” OF THE ABILENE CITY CODE, BY AMENDING CERTAIN SECTIONS AS SET OUT BELOW; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING A PENALTY.
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”, Division 3,
“Dangerous Dogs” of the Abilene City Code. Mr. Neitzler stated recently the
City Council adopted the provision of the State Law regulating Dangerous
Dogs. The State law provisions do not
provide for holding an animal under investigation for Dangerous Dog designation
nor do they provide for holding an animal deemed a Dangerous Dog pending
compliance with the requirements by an owner.
The potential, therefore, exists for an owner of such an animal to
reclaim it from Shelter custody and remove it from the neighborhood, sell it,
give it away, or otherwise dispose of it without compliance with the code. In those events the State law provides no
way to force an owner to comply with the requirements and the dangerous animal
may not be properly confined and registered nor will financial responsibility
for the animal be provided. The proposed amendment allows the Animal Control
Division to seize an animal that may be deemed Dangerous under the code and
hold it for up to five days while the circumstances of an attack are
investigated. On the sixth day, the
animal must be released if a determination has not been made. The amendment also allows the Animal Control
Division to confine an animal deemed dangerous until the owner can make
provisions to confine it and meet the State law requirements for financial
responsibility. Finally, the amendment
allows the City to recover the costs of holding an animal prior to its
release. The Animal Control Advisory
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.
Councilman
McNeil made a motion to approve the Ordinance
amending Chapter 6, “Animals and Fowl”, Article II, “Pets”, Division 3,
“Dangerous Dogs” of the Abilene City Code,
as recommended by the Animal Control Advisory Board and staff. Councilman Williams seconded the motion and the motion carried.
AYES:
Councilmen Archibald, Southward, Williams, Hill, McNeil, Councilwoman
Alexander, and Mayor Barr.
NAYS: None.
The Ordinance is numbered 23-2002 and is captioned as follows:
AN ORDINANCE AMENDING CHAPTER 6, "ANIMALS AND FOWL," ARTICLE II, “PETS,” DIVISION 3, “DANGEROUS DOGS,” OF THE ABILENE CITY CODE, BY ADDING CERTAIN SECTIONS AS SET OUT BELOW; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING A PENALTY.
4.4 Jeff Armstrong, Development Services Manager, briefed the Council on an Ordinance considered on second and final reading - TC-01902 - Ordinance approving thoroughfare abandonment of a 20’ alley adjacent to Lot 29, Block A, Section 1, Elmcrest Club Addition, located between 4109 and 4101 Congress. Staff recommends approval subject to the following conditions: 1) only the north-south portion of the existing alley be closed; 2) the owner must dedicate a new alley on the west side of lot 29 and improve it to the same condition as the existing alley; and 3) retain an accessible utility easement and drainage easement. The Planning and Zoning Commission recommends approval according to the terms outlined by staff and at the owner’s expense.
Mayor Barr opened a public hearing on the item, and the following individual spoke in response to the request:
· Kenneth Williamson, proponent, stated he wants to build a storage building to put his personal cars in, and is willing to pay the necessary costs. Mr. Williamson stated he is not planning to have a business; just storage for his possessions.
There being no one else present and desiring to be heard, the public hearing was closed.
Council and staff discussion included:
1) the alley only being used by property owners, 2) the condition of the
current alley, 3) staff monitoring construction, how close the alley is to the
property, and the requirement for the proponent to pay for paving the
connection to the street which would be done by bonded contractors, and 4) the
concern noted by other property owners that this would be used as a business
having been explained to their satisfaction.
Councilman Williams made a motion to approve the Ordinance approving thoroughfare
abandonment of a 20’ alley adjacent to Lot 29, Block A, Section 1, Elmcrest
Club Addition located between 4109 and 4101 Congress, subject to the following conditions: 1) only the north-south
portion of the existing alley be closed; 2) the owner must dedicate a new alley
on the west side of lot 29 and improve it to the same condition as the existing
alley; and 3) retain an accessible utility easement and drainage easement as recommended by the Planning and Zoning
Commission and staff. Councilman Hill seconded the motion and the motion carried.
AYES:
Councilmen Archibald, Williams, Hill, McNeil, Councilwoman Alexander, and Mayor
Barr.
NAYS:
Councilman Southward.
The
Ordinance is numbered 24-2002
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 Manager, briefed the Council on an Ordinance considered on second and final reading - TC-02002 - approving thoroughfare abandonment of Sandy Street south of U. S. Hwy. 80 beginning at the west boundary line of Loop 322 and going west a distance of 631.77’. The Planning and Zoning Commission 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.
Councilman McNeil moved to approve the Ordinance for thoroughfare abandonment
of Sandy Street south of U. S. Hwy. 80 beginning at the west boundary line of
Loop 322 and going west a distance of 631.77’, as recommended by the Planning and Zoning Commission and staff.
Councilman Archibald seconded the motion and the motion carried.
AYES: Councilmen Archibald, Southward, Williams,
Hill, McNeil, Councilwoman Alexander, and Mayor Barr.
NAYS: None.
The
Ordinance is numbered 25-2002
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.
4.6 Jeff Armstrong, Development Services Manager, briefed the Council on an Ordinance considered on second and final reading Z-02202 – Rezone from GC & SC (General Commercial & Shopping Center) to GC (General Commercial) zoning district property located at 4220 N. 1st Street. The Planning and Zoning Commission 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.
Council and staff discussion included: 1) those in opposition not expressing specific concerns, 2) one resident having originally opposed, but is now in favor, 3) what is allowed in GC zoning, 4) possibility of additional buildings being constructed, and 5) this being a good opportunity to have a vacant lot occupied.
Councilman Southward made a motion to approve the Ordinance to
rezone from General Commercial & Shopping Center to General Commercial
zoning district property located at 4220 N. 1st Street as recommended by the Planning & Zoning
Commission and staff. Councilman Archibald seconded the motion and the motion carried.
AYES: Councilmen Archibald, Southward,
Williams, Hill, McNeil, Councilwoman Alexander, and Mayor Barr.
NAYS:
None.
The Ordinance is numbered 26-2002 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.
4.7 Jeff Armstrong, Development Services Manager, briefed the Council on an Ordinance considered on second and final reading providing for the extension of the boundary limits of the City of Abilene, Texas and the annexation of approximately 15.0 acres located on the east side of FM 89 and south of FM 707, adjacent to the City limit line. The annexation ordinance includes PDD zoning for the new tract, and amends and incorporates the area into PDD-74 that controls future design and development of adjacent property. The Planning and Zoning Commission and staff recommend approval of the annexation and an amendment to PDD-74 that would add the 15 acres to that PDD.
Mayor Barr opened a public hearing on the item, and the following individual spoke in favor of the request:
· Dale Scoggins, agent for the proponent, stated they had originally submitted a plan for multi-family use and the question came up in the P&Z meeting why General Commercial zoning along Buffalo Gap Road was not being requested now rather than later, as development seems to be going that way. Mr. Scoggins requested the west 400’ of the area be designated for GC zoning.
There being no one else present and desiring to be heard, the public hearing was closed.
Council and staff discussed
the additional request made by Mr. Scoggins for the west 400’ of the area to be
designated GC zoning.
Councilman Archibald made a motion to approve the Ordinance
providing for the extension of the boundary limits of the City of Abilene,
Texas and the annexation of approximately 15.0 acres located on the east side
of FM 89 and south of FM 707, adjacent to the City limit line and an amendment
to PDD-74 adding the 15.0 acres to that PDD,
as presented and recommended by the Planning and Zoning Commission and staff. Councilman McNeil seconded the motion and the motion carried.
AYES: Councilmen Archibald, Southward,
Williams, Hill, McNeil, Councilwoman Alexander, and Mayor Barr.
NAYS:
None.
The Ordinance is numbered 27-2002 and is captioned as follows:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ABILENE, TEXAS, PROVIDING FOR THE EXTENSION OF THE BOUNDARY LIMITS OF THE CITY OF ABILENE, TEXAS, AND THE ANNEXATION OF CERTAIN TERRITORY LYING ADJACENT AND CONTIGUOUS TO THE PRESENT BOUNDARY LIMITS OF THE CITY OF ABILENE.
4.8 Linda Simpson, Assistant Director of Water Utilities, briefed the Council on a bid award for the Clear Fork Pump Station Residence, Bid #CB-2053. Ms. Simpson stated the Clear Fork of the Brazos River Pump Station is a major facility that pumps water from the Clear Fork into Lake Fort Phantom when permit conditions are met and water quality is good. During the current drought, half of the water gained in Lake Fort Phantom has been pumped from the Clear Fork. Since this facility was constructed in 1951, the Water Production Supervisor has lived on-site in order to provide security, supervise the facility on a 24-hour basis when in operation, monitor stream follows during storm events, which is critical to maximizing water from the Clear Fork. The 51-year-old cinder block residence has passed its serviceable life and has been vacant since 2001. Repairs to make it livable would not be cost effective. Bids were solicited in late February for the construction of a 1606 square foot single-family residence. The Purchasing Division sent nine specification packets to contractors and sub-contractors. Additionally, Water Department staff delivered one packet and spoke with four contractors to make them aware of the project, and attempt to generate interest in bidding. Don Faulkner Construction, Abilene, submitted the only bid of $125,970.00. Staff met with Mr. Faulkner and by deleting or downgrading several items, the cost would be reduced to $113,560.00 Funds for the construction of a single-family residence are available in the Water and Sewer Capital Projects fund. Staff recommends that by oral resolution, City Council authorize the City Manager to execute a Construction Contract with Don Faulkner Construction Company in an amount not to exceed $113,560.00.
Council and staff discussion included: 1) the benefits of the city’s water production superintendent living near the pump station, 2) having received only one bid, 3) the bid received costing nearly twice as much as the average home in Abilene, 4) not legally being able to table the bid in order to solicit less expensive bids, and 5) the value of water substantially offsetting the cost of new construction.
Don
Faulkner, 4849 Annette, stated new construction does cost approximately $70 per
square foot anywhere in Abilene, and that they removed from their bid what they
could without affecting the quality of the construction.
Councilman McNeil made a motion to approve by oral resolution, authorizing the
City Manager to execute a Construction Contract with Don Faulkner Construction
Company for the Clear Fork Pump Station residence in an amount not to exceed
$113,560.00, as recommended by staff. Councilwoman
Alexander seconded the motion and the motion carried.
AYES: Councilmen Archibald, Hill,
McNeil, Councilwoman Alexander, and Mayor Barr.
NAYS:
Councilmen Southward and Williams.
Mayor
Barr and Council expressed their appreciation to Ms. Simpson for her service in
Abilene, wishing her well as she moves to Oklahoma.
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.
Councilmen Williams and Archibald left the meeting during executive session. The Council reconvened from executive session and reported no action taken.
5.1 Councilman McNeil made a motion to approve Mayor Barr’s
reappointments of Syd Niblo and Gary
McCaleb and appointment of Joe Canon to the West Central Texas Municipal Water District, terms expiring 5/2004. Councilwoman
Alexander seconded the motion and the
motion carried.
AYES: Councilmen Southward, Hill,
McNeil, Councilwoman Alexander, and Mayor Barr.
NAYS:
None.
There being no further business, the meeting was adjourned at 12:20 p.m.
_____________________________ ______________________________
Debbie
Hurley Grady
Barr
Acting
City Secretary Mayor