CITY COUNCIL MEETING

August 8, 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 August 8, 2002, at 8:30 a.m. in the City Council Chambers of City Hall. Mayor Pro Tempore Norm Archibald was present and presiding with Councilmen Kris Southward, Anthony Williams, John Hill, Jimmy McNeil, and Councilwoman Kay Alexander. Also present were City Manager Larry Gilley, Assistant City Manager Michael Morrison, City Attorney Sharon Hicks, City Secretary Jo Moore, and various members of the City staff. Mayor Grady Barr was absent.

Councilwoman Kay Alexander gave the invocation.

Pledge of Allegiance was led by Molly Minor, a third grader at Wylie Elementary. Molly’s mother Laura, sister Jessica, and brother Jackson, were in attendance.

Mayor Archibald, assisted by City Secretary Jo Moore, presented Employee Service Awards to the following individuals for their years of service:

20 Years Mary Ann Ross Executive Secretary

Fire

20 Years Robert Coy Concrete Finisher II

Streets & Drainage Services

City Manager Larry Gilley introduced Sgt. Thad Carey, who gave a presentation on the Police Department Traffic Division. Sgt. Carey’s presentation included an overview of the division’s organization and duties, traffic enforcement activity, vehicle impound, accident investigation, and enforcement, control, & prevention strategies. Sgt. Carey stressed the need for a full time Traffic Engineer, and reviewed the Traffic Engineer functions.

Council stated their appreciation for the presentation.

No Council action was required.

DISPOSITION OF MINUTES

2.0 Mayor Archibald announced that due to five meetings having been held the week of July 22 the minutes of the July 24, 2002 Budget Worksession, July 25 Regular Council meeting, July 25 Budget Worksession and July 26 Special Called Council meeting will be submitted for Council consideration at the August 22, 2002 Council meeting. There being no corrections, additions, or deletions to the July 22, 2002 Special Joint City/AISD minutes, Councilman Williams made a motion to approve the minutes as printed. Councilwoman Alexander seconded the motion and the motion carried.

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

NAYS: None.

CONSENT AGENDA

Mayor Archibald stated Item 3.7, Amending Zoning Ordinance Sections 23-306.4, Permitted Uses, and 23-306.5b(2), Conditional Use Provisions, concerning Animal Lots (private), has been removed from the agenda. Councilman McNeil made a motion to approve consent agenda items 3.1 through 3.4, and first reading of items 3.5 and 3.6. Councilman Hill seconded the motion and the motion carried.

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

NAYS: None.

Resolutions:

3.1 Resolution in support of and authorizing two West Central Texas Council of Government Solid Waste Grant Applications.

The Resolution is numbered 23-2002 and is captioned as follows:

RESOLUTION OF THE CITY OF ABILENE AUTHORIZING THE FILING OF GRANT APPLICATIONS WITH THE WEST CENTRAL TEXAS COUNCIL OF GOVERNMENTS (WCTCOG) FOR REGIONAL SOLID WASTE GRANTS PROGRAM; AUTHORIZING THE CITY MANAGER TO ACT ON BEHALF OF THE CITY OF ABILENE IN ALL MATTERS RELATED TO THE APPLICATIONS; AND PLEDGING THAT IF A GRANT IS RECEIVED, THE CITY OF ABILENE WILL COMPLY WITH THE GRANT REQUIREMENTS OF THE WCTCOG, THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION, AND THE STATE OF TEXAS.

3.2 Oral Resolution authorizing an Amendment to the October, 2001 Professional Services Contract for tasks associated with the Wastewater Treatment Plant Rehabilitation, in an amount not to exceed $68,400.00.

Bid Awards:

3.3 Nelson Park entry, Bid #CB-2092. The bid was awarded to Bontke Bros. Construction of Abilene, Texas, in the amount of $159,732.11, as recommended by staff.

3.4 Miscellaneous drainage and concrete repairs, Bid #CB-2093. The bid was awarded to Harris Acoustics of Abilene, Texas, in the amount of $80,968.41, as recommended by staff.

Ordinances:

3.5 Z-03102 – Rezone from AO (Agricultural Open Space) to GC (General Commercial) zoning district property located at Hwy. 277 & Dub Wright Blvd., northwest corner, and set a public hearing for August 22, 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.

3.6 TC-03202 – Thoroughfare abandonment of a 15’ east-west alley that extends east from S. Treadaway a distance of 1177.5’ located on S. Treadaway, south of McGee Dr., and set a public hearing for August 22, 2002 at 8:30 a.m.

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.

3.7 Amend Zoning Ordinance Sections 23-306.4, Permitted Uses, and 23-306.5b(2), Conditional Use Provisions, concerning Animal Lots (private) and set a public hearing for August 22, 2002 at 8:30 a.m. Removed from the agenda.

REGULAR AGENDA

Resolutions:

4.1 Richard Gertson, Director of Community Development, briefed the Council on a Resolution approving the FY 2002/2003 One-Year Action Plan for the Community Development Block Grant (CDBG) and Home Investment Partnerships (HOME) Programs and authorizing a modification of the benefit certification period. Mr. Gertson stated the City is required to submit a One-Year Action Plan outlining specific uses of Community Development Block Grant (CDBG) and Home Investment Partnerships Program (HOME) funds planned for the coming fiscal year. CDBG/HOME funding guidelines and applications were made available to the public in April. A summary of the One-Year Action Plan outlining the proposed FY 2002-2003 budget was published in the Abilene Reporter-News on July 3^rd, which began the HUD-required 30-day comment period. As of July 30, staff has received no written comments in response to the proposed Action Plan. The proposed resolution also authorizes staff to seek a modification to the three-year overall benefit certification period identified in the City’s Consolidated Plan (adopted in 2000). HUD regulations require expenditures of at least 70% of the CDBG funds (both entitlement and Section 108) for the benefit of low to moderate-income persons during the period. The City’s plans to invest $1.4 million of Section 108 and EDI funds in the development of the Wooten Hotel will impact the ability of the City to meet the overall benefit requirement during the current 3-year certification period, and it is necessary to start a new certification period on October 1 to achieve future compliance. The City will need to evaluate its options to achieve compliance, including possible amendment to the Section 108 application to allow for uses other than downtown revitalization. There will be no impact on local taxes. Projects are to be funded using 2002 Entitlements: $1,464,000 to CDBG and $591,000 to HOME, plus $368,250 in prior year reprogrammed funds. Staff anticipates receiving at least $60,000 in program income during the year. A Public Hearing is required prior to Council action. Staff recommends approval of the Resolution following the public hearing.

Council and staff discussion included: 1) the use of Section 108 and TIF funds; 2) Section 108 funded projects; 3) the requirement to reduce other slum and blight activities and spend allocations more efficiently within the next three years; 4) benefits to low and moderate income persons; 5) explanation by staff on the re-classification of non-public service activities to public services resulting in funding allocation changes, 6) under the “Use of Funds” Public Service Activities approved FY 2001/02 the subtotal amount of $223,240 was corrected to $243,240; 7) the impact of reduced allocations to the City’s General Fund; 8) the status of the Code Enforcement Officer position; 9) allocations benefiting flood victims; 10) re-programmed funds; 11) various agency functions; and 12) the opportunity to provide solutions for low and moderate income needs.

Mayor Archibald opened a public hearing on the item, and the following individuals spoke in response to the request:

· Dr. Rosa Hughes, Abilene Area Dialysis Center, distributed a letter outlining the Center’s services and the use of CityLink by their patients for transportation to and from the Center. Dr. Hughes requested funding of CityLink services be continued, including full evening service.

· Peggy Mendenhall, registered dietitian at Abilene Dialysis Center, addressed patients needs and critical issues, and requested continued funding for CityLink services.

· Laree Henry, whose husband is on dialysis, addressed her husband’s need for CityLink transportation.

· Leslie Ray Gober, 3309 Sherry Lane, stated CityLink is his only mode of transportation to and from the dialysis center and is critical in helping to maintain his health.

· Ovelia Campos, stated her sister’s husband is on dialysis and that her sister had called her very upset because the service is being cut back. Ms. Campos stated she is concerned for people who can’t get to the dialysis center and requested funding for CityLink be continued.

· Brenda Coleman, representing Adult Protective Services and Habitat Restore, explained the services provided by Habitat Restore and who benefits from these services. Ms. Coleman requested funding be restored to the Habitat for Humanity program, specifically requesting funding for a pickup and heavy equipment (i.e.; forklift) in the amount of $20,000.00.

Sherry Smith asked to address the flood issues arising from the recent flood Abilene experienced.

Mayor Archibald informed Ms. Smith and others in attendance concerning flood issues that staff will be available to address these issues at the end of the Council meeting. Mayor Archibald further stated flood issues are not listed on today’s Council agenda, and for Council to address these issues would be in violation of the Open Meetings Act. Upon advice of City Attorney Sharon Hicks, Mayor Archibald also stated if there is pending litigation on flood issues involving those in attendance, then those issues will not be discussed at all.

Ms. Smith assured the Council there is no pending litigation involved.

Mayor Archibald restated then staff would be available to address any questions or concerns on the flood issue at the end of today’s Council meeting.

Brent Black, CityLink General Manager, reviewed the Access to Jobs Program including the CDBG funding and local match.

There being no one else present and desiring to be heard, the public hearing was closed.

Council and staff discussion included restoring $10,000 to the CityLink Access to Jobs Program and $10,000 to the Habitat for Humanity “Habitat Restore” Project (specifically for heavy duty equipment) under the Administrative direction of the City Manager.

City Manager Larry Gilley explained staff’s administrative flexibility in the CDBG program and assured Council with their directive funding could be restored to the programs even with approval of the Resolution before Council today as it is currently stated.

Councilwoman Alexander made a motion to approve the Resolution approving the FY 2002/2003 One-Year Action Plan for the Community Development Block Grant (CDBG) and Home Investment Partnership Programs (HOME) Funds directing the City Manager to administratively restore $10,000 to the CityLink Access to Job Program, and restore $10,000 under Capital Expenditures to the Habitat for Humanity “Habitat Restore” project for the purchase of heavy duty equipment, and authorizing a modification of the benefit certification period. Councilman McNeil seconded the motion and the motion carried.

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

NAYS: None.

The Resolution is numbered 24-2002 and is captioned as follows:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ABILENE, TEXAS, APPROVING THE FY 2002-2003 ACTION PLAN FOR THE 2000-2005 CONSOLIDATED PLAN AND PROJECTED USE OF COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNERSHIP PROGRAM (HOME) FUNDS.

4.2 Richard Gertson, Director of Community Development, briefed the Council on an Oral Resolution amending the 2001 CDBG One-Year Action Plan to create a funding category for the rehab of a City-owned single-family home. Mr. Gertson stated a few months ago the City purchased a HUD repossessed single-family home at 1333 Poplar for $1. The immediate goal is to renovate the home and sell it to a qualified low-moderate income, first-time homeowner. For the long-term, staff believes that improving and reoccupying the home could help arrest a decline in the surrounding neighborhood. Several of the neighbors staff talked to are anxious to see something positive happen in their block. The current CDBG One-Year Action Plan does not include a funding category for this activity. Before staff can proceed, it is necessary for the Council to amend the Plan to include the new activity. Property values in the neighborhood range from $13,000 to $40,000. When renovations are completed, staff expects the City’s total investment in the property to be about $43,000. That figure includes the demolition of an outbuilding (completed) and a lead-based paint abatement for $7,500. Sufficient funds for the abatement and renovation costs will be moved into the new activity from existing CDBG funding categories such as Rental Rehabilitation and Emergency Repair. Neither of these programs will be adversely affected. Staff recommends approval of the amendment following the public hearing.

Mayor Archibald opened a public hearing on the item, and there being no one present and desiring to be heard, the public hearing was closed.

Councilwoman Alexander made a motion to approve by Oral Resolution an amendment to the 2001 CDBG One-Year Action Plan to create a funding category for the rehab of a City-owned single-family home at 1333 Poplar, as recommended by staff. Councilman Southward seconded the motion and the motion carried.

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

NAYS: None.

Ordinances:

4.3 Jeff Armstrong, Development Services Manager, briefed the Council on an Ordinance to Amend Zoning Ordinance Section 23-312, Schedule of District Regulations, pertaining to the density of multi-family residential development in the CB (Central Business) district. One of The Wooten project’s mortgagees has requested that staff issue a Zoning Certificate verifying compliance with the City’s zoning ordinances. As proposed, the project will exceed the residential density cap for the Central Business District. Therefore, the density cap needs to be changed to assist The Wooten in obtaining the certificate. Modifying the ordinance may also facilitate other multi-family development in the CBD. The Planning & Zoning Commission and staff recommends modifying or eliminating the density cap at this time especially for the purpose of reuse of older structures such as The Wooten.

Mayor Archibald opened a public hearing on the item, and there being no one present and desiring to be heard, the public hearing was closed.

Councilman Hill made a motion to approve the Ordinance to Amend Zoning Ordinance Section 23-312, Schedule of District Regulations, pertaining to the density of multi-family residential development in the CB (Central Business) district, as recommended by the Planning & Zoning Commission and staff. Councilman Southward seconded the motion and the motion carried.

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

NAYS: None.

The Ordinance is numbered 32-2002 and is captioned as follows:

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.

Council recessed for a break at 10:50 a.m. and reconvened at 10:55 a.m.

4.4 David Wright, Director of Finance, briefed the Council on the Proposed 2002-03 Tax Rate. The FY 2003 Budget approved by Council on July 25, 2002, set the tax rate at 64.05¢. State law requires a public hearing be held prior to adoption of the tax levy. The formal approval is scheduled for August 22, 2002, at 8:30 a.m. In accordance with state law, an advertisement was published on July 31, 2002, regarding this public hearing. Also, in accordance with new state law requirements, notices were posted on the City’s Internet website and on the Abilene Independent School District’s television channel (Channel 7). This item is a public hearing, and does not require Council action today. Staff recommends that the City Council hold the public hearing.

Mayor Archibald opened a public hearing on the item, and the following individual spoke in response to the request:

· Bob Hammond, Executive Director of Abilene Association of Independent Business Owners (AAIBO), who distributed and reviewed for Council a response prepared by his Association to the Proposed 2002/2003 City of Abilene Budget. Mr. Hammond noted the AAIBO objections to the proposed tax rate, stating the number of employed, businesses, and population in Abilene is falling.

There being no one else present and desiring to be heard, the public hearing was closed.

Councilman Southward thanked the City Manager and staff for their work on the budget, but stated he feels there is a need to continue to look for ways to reduce the budget and recommended the City Manager provide the Council, before the budget is finalized, with a list of additional potential cuts of $650,000 and what those reductions would mean to the level of services to our city and the impact to City employees.

Councilman Williams requested more information concerning the Development Services additional four employees be provided to Council prior to the August 22 Council meeting.

Councilman Hill stated interest in what further reductions to the budget would result in and/or what the sacrifice would be. Councilman Hill noted the possibility of Council considering a 2.6% employee pay increase instead of the proposed 3%.

Councilman McNeil stated that as he has previously noted, his concerns are that the Council is receiving the budget too late in the budget planning process, which does not allow enough time for adequate Council input. Councilman McNeil further stated more Council involvement is needed in the budget process and that a minimum 3-year financial plan is also needed.

Council and staff discussion included: 1) the possibility of holding another budget worksession prior to the deadline for final approval of the budget; 2) budget process time requirements as established by local and state laws; 3) expenses involved for additional required publications if changes to budget time frames are made and 4) the City Manager considering compiling an additional list of potential cuts to the proposed budget and recommendation on calling a special budget worksession prior to the August 22 council meeting.

No Council action was required.

Mayor Archibald reminded those in attendance wanting to address the Flood/Creek Issues that Andy Anderson, Director of Public Works, would be available to answer their questions at the conclusion of today’s Council meeting. Mayor Archibald reiterated that the flood/creek issues are not on the Council agenda today and the Open Meetings Act does not allow Council to discuss items not on the posted agenda.

Mayor Archibald 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 12:15 p.m.

_____________________________ ______________________________

Jo Moore Norm Archibald

City Secretary Mayor Pro Tempore