August 22, 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 22, 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 Larry Gilley, 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 Devon Howard, a fifth-grader from Ward Elementary. Devon’s mother was also in attendance.
City Manager Larry Gilley introduced Assistant Police Chief Ken Merchant, who gave a presentation on the Police Department Training Division. Assistant Chief Merchant’s presentation included training provider performance information, organizational assignments, budget, training staff and facilities, obstacle course (which has received state and national recognition), primary responsibilities, basic law enforcement academy, in-service training, and outside agency training. Assistant Chief Merchant reiterated 1) the immediate need to have an academy, 2) the need to retain our own academy, and 3) academy facility infrastructure needs.
Mayor Barr and the Council thanked Assistant Chief Merchant for the presentation, noting the benefits of the emergency response training and stating that another academy is needed.
No Council action was required.
2.0 There being no corrections, additions, or
deletions to the July 24 and 25, 2002 Budget Worksession Minutes, July
25, 2002 Regular City Council Meeting Minutes, July 26, 2002 Special City
Council Meeting Minutes, and August 8, 2002 Regular City Council Meeting
Minutes, Councilman Southward made a motion
to approve the minutes as printed. Councilwoman Alexander seconded the motion
and the motion carried.
AYES: Councilmen Archibald, Southward, Williams,
Hill, McNeil, Councilwoman Alexander, and Mayor Barr.
NAYS: None.
Mayor Barr noted a typographical error had been corrected on page 4 of consent agenda item 3.6 (the amount of $55,000 was corrected to $7,500). Councilwoman Alexander made a motion to approve consent agenda items 3.1 through 3.10 as recommended by staff, and with the correction to item 3.6 as noted. Councilman McNeil 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 a Street Use License request from Hardin-Simmons University to control vehicular access on Simmons Ave. during the 2002 football season, and authorizing the Mayor to execute the street use license agreement.
3.2 Oral Resolution approving a Street Use License request from William C. Emery for use of N. 21st Street right-of-way, and authorizing the Mayor to execute the street use license agreement.
3.3 Oral resolution accepting two sculpture donations, “Longhorn Skull” and “A Prehistoric Dragon”, to be placed at the zoo for permanent display.
3.4 Oral Resolution approving a Memorandum of Understanding for the City of Abilene’s participation in a Regional Intelligent Transportation System Integration program with the Texas Department of Transportation, and authorizing the City Manager or his designee to execute the Memorandum of Understanding.
3.5 Oral Resolution authorizing $34,000 of TIF funds to the Abilene Cultural Affairs Council for 2002/2003 programming.
3.6 Oral Resolution approving a Project Agreement with Natural Resources Conservation Service (NRCS), and authorizing the City Manager or his designee to execute the agreement.
Bid Awards:
3.7 Purchase of a modular classroom building for the Environmental Recycling Center through the Region IV Education Center and the Texas Cooperative Purchasing Network (TCPN) in the amount of $38,516, as recommended by staff.
3.8 Outfront mowers for the Parks Division, Bid #CB-2075. The bid was awarded to Luber Brothers, Inc., the low responsible bidder in the amount of $95,378.00, as recommended by staff.
3.9 Diesel Exhaust Removal System for Fire Department Station #6. The bid was awarded to Air Cleaning Technologies, Inc., in the amount of $34,850.00, as recommended by staff.
3.10 Buck Creek Pump Station Rehabilitation, Bid #CB-2095. The City Manager was authorized by Oral Resolution to execute a contract with North Texas TNG, Dallas, TX, for an amount not to exceed $693,000.00, as recommended by staff.
REGULAR AGENDA
Resolutions:
4.1 Sharon
Hicks, City Attorney, briefed the Council on a Resolution for the tax year 2002
authorizing the reappraisal of properties that were damaged in the July 6, 2002
flood in the City of Abilene. Ms. Hicks
stated this would be a reduction of approximately $45,600.00 in city revenue.
Mayor
Barr stated he has received letters and emails complimenting the City for flood
related services, and that the City has spent $305,000 helping flood victims
and on removing debris. Mayor Barr
further stated that citizens are thankful, and complimented City staff for the
help rendered.
Councilman Williams made a motion to approve a Resolution for
the tax year 2002 authorizing the reappraisal of properties that were damaged
in the July 6, 2002 flood in the City of Abilene, as recommended by 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 Resolution is numbered 25-2002 and is captioned as follows:
A RESOLUTION OF THE CITY OF ABILENE AUTHORIZING THE REAPPRAISAL OF PROPERTIES IN THE CITY OF ABILENE THAT WERE DAMAGED IN THE JULY 6, 2002 FLOOD FOR THE TAX YEAR 2002.
Ordinances:
4.2 Jeff Armstrong, Development
Services Manager, briefed the Council on an Ordinance considered on second and
final reading to rezone from AO (Agricultural Open Space) to GC (General
Commercial) zoning district property located at Hwy. 277 & Dub Wright Blvd., northwest corner. The
Planning and Zoning Commission recommends approval. Staff’s opinion is that although GC use would be appropriate at
this location, consideration of PDD zoning might be more appropriate as
recommended by the Thoroughfare Plan.
Mayor Barr opened a public hearing on the item, and the following individuals spoke in response to the request:
· Paul Johnson, 22 Augusta, applicant, requesting Council’s approval of the rezoning.
· Joe Fry, 6650 Autumn Sage, questioned what the impact would be to local residents, and what possible other zoning change could occur? Mr. Fry stated he is in favor of development, but wants to make sure his mother’s property that is located in the area would not be negatively impacted.
There being no one else present and desiring to be heard, the public hearing was closed.
Staff addressed General Commercial and Planned Development District zoning, stating the unspecified commercial use makes it difficult to address specific questions.
Councilman Archibald made a motion to approve the Ordinance to rezone
from Agricultural Open Space to General Commercial zoning district property
located at Hwy. 277 & Dub Wright
Blvd., northwest corner, as recommended by the Planning & Zoning
Commission. Councilman Southward seconded the motion and the motion carried.
AYES: Councilmen Archibald,
Southward, Williams, McNeil, Councilwoman Alexander, and Mayor Barr.
NAYS:
Councilman Hill.
The Ordinance is numbered 33-2002 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.
4.3 Jeff
Armstrong, Development Services Manager, briefed the Council on an Ordinance
considered on second and final reading for 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..
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 made a motion to approve the Ordinance for 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., as recommended
by the Planning & Zoning Commission and staff. Councilwoman Alexander 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 34-2002 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.
4.4 and 4.5 David Wright, Director of Finance, briefed the Council on the second and final reading of the Ordinance approving the Revised 2001-02 Budget and Proposed 2002-03 Budget; and the Ordinance setting the FY 2002-03 Tax Levy. Mr. Wright stated during the budget worksessions of July 24-25, 2002, the City Council approved a revised 2001-02 Budget of $58,953,400 and a proposed 2002-03 Budget of $60,070,680. The Proposed Budget can be funded at the tax rate of 64.05˘. The General Fund expenditures for 2002-03 are $60,070,680. The Water and Sewer expenditures are planned at $21,761,460. Mr. Wright stated one public hearing could be held on both Ordinances, but separate votes on the two Ordinances are required, with the Budget Ordinance being voted on and approved prior to Council voting on the Ordinance setting the FY 2002-03 tax levy. Staff recommends that the City Council hold the public hearing and approve the Budget and Tax Levy Ordinances on second and final reading.
Mayor Barr opened a public hearing on the proposed Ordinances, and the following individuals spoke in response to the request:
· Larry Gill, 1204 Lytle Way Circle, stated he is in favor of the budget, and that he could support an even larger budget due to citizen needs. Mr. Gill further stated identified needs are being overlooked, and more cost benefit analysis is needed.
· Bob Hammond, representing Abilene Association of Independent Business Owners, stated he made a presentation two weeks ago and reviewed the proposed budget, and stated a tax increase is not justified due to current economic trends. Mr. Hammond reiterated the impact a tax increase would have on businesses.
· Bruce Bixby, 4349 Oldham Lane, asked Council to not increase taxes and noted several areas of concern related to declining population and employment. Mr. Bixby concluded by stating he supports Mr. Hammond’s comments.
· Chris Nafe, 3841 Georgetown, Abilene Police sergeant, spoke in favor of the proposed budget and tax levy and noted the benefits of the proposed 3% salary increase to City employees.
There being no one else present and desiring to be heard, the public hearing was closed.
Council and staff discussion included: 1) if the proposed budget is approved, there will be 13 less civilian employees now than there were in 1980 with 20% more population, 2) council began budget sessions 4-5 weeks ago and cut over $1 million from the proposed budget, 3) Council has addressed the unfunded items, and the proposed budget has been scrutinized; 4) workshops and citizen comments are needed earlier in the budget process, 5) a 3% across the board in salary increases should equal more employee productivity (more cross training), 6) the proposed Development services staff being reduced from 3 to 1, and concerns were noted on whether customer service issues are being addressed; 7) Council has received citizen contacts addressing tax increase being too high; 8) issues that will have to be addressed next year with property values, sales tax, and revenue being flat but expenses increasing; 9) Council possibly resuming budget worksessions to consider further budget reductions.
David Wright, Director of Finance, addressed the budget process and time frame that would be required if Council delayed finalizing the budget.
Councilman Southward made a motion for the City Manager to schedule a Council worksession in order to reconsider the revised and proposed budget and tax Ordinances. The motion died for lack of a second.
Further Council and staff discussion included: 1) the reduction in the proposed 02-03 budget of full-time employees from 1158 to 1152; 2) Council having set 3 days for budget worksessions but concluded work on the budget in two days with a Council’s approval vote of 7/0 on first reading of the Ordinances; 3) benefits received from progressive ideas of previous Councils and current Council’s responsibilities to continue promoting Abilene as a progressive city; 4) budget increases in some areas being the result of previously approved employee pay raises; and 5) the need for a year round budgeting process.
Councilman Williams made a motion to approve the Ordinance approving the Revised 2001-02 Budget and Proposed 2002-03 Budget (noting the reduction in Development Services Center personnel from 3 employees to 1 employee). Councilman McNeil 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 35-2002 and is captioned as follows:
AN ORDINANCE APPROVING REVISED BUDGET FIGURES FOR FISCAL YEAR 2001-2002; APPROVING AND ADOPTING BUDGET FOR THE FISCAL YEAR OCTOBER 1, 2002, THROUGH SEPTEMBER 30, 2003, FOR THE CITY OF ABILENE; APPROPRIATING FUNDS; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; CALLING A PUBLIC HEARING.
Councilwoman Alexander made a motion to approve the Ordinance setting the FY 2002-03 Tax Levy at 64.05˘, per $100 valuation. Councilman Archibald 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 36-2002 and is captioned as follows:
AN ORDINANCE OF THE CITY OF ABILENE, TEXAS, APPROVING THE ASSESSMENT ROLL FOR 2002, LEVYING AN AD VALOREM TAX FOR THE CITY OF ABILENE, TEXAS, FOR THE YEAR 2002; PROVIDING FOR THE ASSESSMENT AND COLLECTION THEREOF; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; CALLING A PUBLIC HEARING; PROVIDING AN EFFECTIVE DATE.
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.
Councilwoman Alexander made a motion to approve Mayor Barr’s reappointment of Steven Austin to the Abilene Regional MHMR Betty Hardwick Center Board of Trustees, term expiring August 31, 2004. Councilman Williams seconded the motion and the motion carried.
AYES: Councilmen Archibald, Southward, Williams,
Hill, McNeil, Councilwoman Alexander,
and Mayor Barr.
NAYS:
None.
There being no further business, the meeting was adjourned at 11:27 a.m.
_____________________________ ______________________________
Jo
Moore Grady Barr
City
Secretary Mayor