November
7, 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 November 7, 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, 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 Jimmy McNeil was absent.
Councilman
Kris Southward gave the invocation.
Pledge of Allegiance was led by Kelsey Hundt, a fifth grader at Bowie Elementary. Kelsey’s parents and grandmother were in attendance.
Mayor Barr, assisted by City Secretary Jo Moore, presented an Employee Service Award to the following individual for his years of service:
25 Years John C. Moore Zoning Inspector
Public Works
Mayor
Barr presented the following Proclamations:
November 10-16, 2002 as “Youth Appreciation Week”, and
November 9, 2002 as “John Lackey Day”.
Councilman Norm Archibald announced in honor of John Lackey, Anaheim Angels World Series winner, a John Lackey Day rally will be held Saturday at 2:00 p.m. in the ACU Moody Coliseum, at which time he will present Mr. Lackey with a key to the City.
City Manager Larry Gilley introduced Judy Elmore, Human Resources Division Manager. Ms. Elmore gave a presentation on the eight areas of the Human Resources Division.
Mayor Barr and the Council complimented the division’s work and thanked Ms. Elmore for the presentation.
No Council action was required.
2.0 There being no corrections, additions, or
deletions to the October 24, 2002
Regular City Council Meeting minutes,
Councilman Archibald made a motion to approve the minutes as printed.
Councilman Southward seconded the motion and the motion carried.
AYES: Councilmen Archibald, Southward, Williams,
Hill, Councilwoman Alexander, and Mayor Barr.
NAYS: None.
Councilwoman Alexander made a motion to approve consent agenda items 3.1 through 3.5, and first reading of items 3.6 through 3.8. Councilman Hill seconded the motion and the motion carried.
AYES: Councilmen Archibald, Southward, Williams, Hill, Councilwoman Alexander, and Mayor Barr.
NAYS: None.
Bid Awards:
3.1 Northeast outfall sewer – Phase II, Bid #CB-3004. The City Manager was authorized by Oral Resolution to execute a contract with Starks Construction Co., Abilene, Texas, for an amount not to exceed $97,750.00, as recommended by staff.
3.2 Five Points Business Park pump station relocation, Bid #CB-3005. The City Manager was authorized by Oral Resolution to execute a contract with Decker Construction Abilene, Texas for an amount not to exceed $55,112.00, as recommended by staff.
3.3 Water Distribution system improvements, Bid #CB-3006. The City Manager was authorized by Oral Resolution to execute a contract with Starks Construction Co., Abilene, Texas, for an amount not to exceed $1,221,366.30, as recommended by staff.
3.4 Paratransit scheduling and dispatch software, Bid #CB-1040. The bid was awarded to Trapeze Software Group, Inc., for $55,870.00, as recommended by staff.
3.5 Digital Voice Logging system for 911 call taking and dispatch center, Bid #CB-2084. The bid was awarded to CVDS, Inc. as the most advantageous proposal for the City of Abilene in the amount of $32,969.00 with an extended service agreement cost of $10,599.00 (total for years 2-5), as recommended by staff.
Ordinances:
3.6
Z-04302 –
Rezone from AO (Agricultural Open Space) to MH (Mobile Home) zoning district
property located at 350 Comanche Trail, and set a public hearing for November
21, 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.
3.7
Ordinance amending Section 23-317.2.B of the Zoning
Ordinance, to delete a separation requirement between accessory structures and
other buildings, and set a public hearing for November 21, 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.
3.8
Ordinance amending Section 23-306.4, Permitted Use
Chart; Section 23-306.5.B, Accessory and Incidental Use; and Section
23-363, Definitions; of the Zoning Ordinance regarding shipping and
storage containers, accessory storage, and the definition of buildings, and set
a public hearing for November 21, 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.
REGULAR AGENDA
Bid Awards:
Mayor Barr stated his concerns that the stone specified by the architect for the project is from Arizona and Colorado. The Mayor further stated the following stipulation in approving the bid: every avenue to use regional area stone should be pursued and if local stone is not going to be used then the bid is to come back to Council for consideration. Any other facet of construction that is going to be imported also needs to be reviewed by Council.
Ms. Grindstaff stated items such as a choice of stone is a result of the architect choosing a color or having a grainal preference and that the City can set their preference in these areas. Ms. Grindstaff then introduced Mike Schweickhard, chair of the Abilene Chamber of Commerce.
Mr. Schweickhard distributed the “Conclusion and Recommendations of the Frontier Texas! Project Operations Committee”, and stated H. C. Zachry & Nancy Liles of the Convention & Vistors Bureau also provided input to the committee. Mr. Schweickhard reviewed the recommendations for the Council, specifically noting on page 3 of the recommendation the following assumption, “the City of Abilene and Taylor County have pledged to fund up to a total of $50,000 for each of the first three years to cover operating shortfalls, if any.”
In conclusion, Mr. Schweickhard presented two additional recommendations for Council consideration: 1) adequately fund the promotional budget; and 2) allocate all funding possible to retail operations for an adequately sized retail store.
Mayor Barr noted #5 of the recommendations states, “That the City of Abilene, as owner of the facility, will be ultimately accountable for all financial responsibilities of Frontier Texas.” The Mayor stated with that responsibility the Council should also have oversight of the Board of Directors for the project.
Following Council & staff discussion concerning the advertising and promotion cost of the project, it was noted recommendations from the committee have been presented for informational purposes and are not before the Council for a decision today.
Mr. Schweickhard stated Wayne Roy chaired the Committee and was prepared to present the report today, but due to a family accident, could not be here. Mayor Barr thanked Mr. Schweickhard for the report and asked that relay Council’s appreciation also be relayed to Mr. Roy.
Councilwoman Alexander made a motion to award the bid for the Texas Forts Trail Visitor Center and Transportation Museum (Frontier Texas!) project to Jeff Luther Construction in the amount of $4,124,000, with the following stipulation: every avenue to use regional area stone should be pursued and if local stone is not going to be used then the bid is to come back to Council for consideration. Councilman Southward seconded the motion and the motion carried.
AYES: Councilmen Archibald, Southward, Williams, Hill, Councilwoman Alexander, and Mayor Barr.
NAYS: None.
4.2 Richard Gertson, Director of Community Development, briefed the Council on an award of bid for the Carver Townhomes Project, Bid #CB-3007. Mr. Gertson stated this project involves sidewalk construction along Mesquite Street adjacent to NIP’s Carver Townhomes. The NIP project included sidewalks in front of the duplexes in the 800 block. The project fills in the balance of that block and the entire west side of the 700 block. In addition to enhancing the immediate neighborhood, the sidewalks also promote walkability to the Woodson School and the G. V. Daniels Center. Mr. Gertson stated the importance of the public sector investment in revitalization projects, and noted that although this is an unusual project, CDBG funding does provide for these kinds of projects. Staff recommends approval.
Councilman Williams made a motion to award the bid to Jeff Luther Construction Company, Abilene, Texas, in the amount of $31,528.06 as recommended by staff. Councilman Southward seconded the motion and the motion carried.
AYES: Councilmen Archibald, Southward, Williams, Hill, Councilwoman Alexander, and Mayor Barr.
NAYS: None.
Resolutions:
4.3 Lisa
Hughes, Director of Economic Development, briefed the Council on a Resolution
nominating Orange Plastics as an enterprise project for consideration by the
Texas Department of Economic Development.
Ms. Hughes stated in September 1997, City Council nominated three
Enterprise Zones, which were subsequently approved for designation by the Texas
Department of Economic Development (now known as Texas Economic Development or
TxED), resulting in Abilene’s West, Central and East Enterprise Zones. In either zone, a business may be designated
a “qualified business” by the City for the purpose of applying to TxED for
enterprise project designation. If
approved as a project, the business will be eligible for certain state
incentives including a refund of state sales and use taxes paid on equipment,
building materials and labor, as well as franchise tax deductions. The designation period for a project is 5
years.
OP TX, L.P. is the Texas division of Orange Plastics, a California corporation that manufactures high-density polyethylene T-shirt bags, merchandise bags, trashcan liners, and stretch film for such companies as Toys-R-Us, sears Wal-Mart, Taco Bell, and Albertson’s. Its customer base reaches from the east coast to as far west as the Hawaiian Islands due largely to its state of the art equipment, design capabilities, and custom manufacturing that some competitors cannot provide. Orange is currently located in a 100,000 square foot leased facility in California and recently purchased assets of another plastics manufacturer, Joseph Edward Company in Kentucky, with a 50,000 square foot facility.
In
January 2002 the Development Corporation of Abilene (DCOA) approved funding to
build-out the speculative shell facility in the Five Points Business Park to
suit Orange’s needs and lease it to Orange with an option to purchase. In addition, DCOA approved $3.75 million to
relocate equipment and key personnel to Abilene and install electrical wiring
necessary to operate the machinery and equipment. Orange intends to minimize the California operation and establish
Abilene as the primary manufacturing plant.
Orange will begin operations in December and create 239 new full-time
equivalent jobs within three years with an annual payroll of $4.4 million
Orange will also make a capital investment of $24.5 million for machinery and
equipment within the same three-year period.
The DCOA and Abilene Industrial foundation support this project and any
financial incentives available on the State level to assist with recruitment
efforts. Staff recommends approval.
Mayor Barr clarified the city portion of sales tax will not have to be refunded on the project, and that is a positive impact to the community.
Councilwoman Alexander made a motion to approve a Resolution nominating Orange Plastics as an enterprise project for consideration by the Texas Department of Economic Development. Councilman Archibald seconded the motion and the motion carried.
AYES: Councilmen Archibald, Southward, Williams, Hill, Councilwoman Alexander, and Mayor Barr.
NAYS: None.
The Resolution is numbered 30-2002 and is captioned as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ABILENE, TAYLOR COUNTY, TEXAS, NOMINATING OP TX, L. P. (“OP TX”) AS A QUALIFIED BUSINESS AS DEFINED IN THE TEXAS ENTERPRISE ZONE ACT, CHAPTER 2303 OF THE TEXAS GOVERNMENT CODE (THE “ACT”), FOR THE PURPOSE OF APPLYING TO THE TEXAS ECONOMIC DEVELOPMENT DEPARTMENT (“AGENCY”) OF THE STATE OF TEXAS FOR DESIGNATION AS AN ENTERPRISE PROJECT.
Ordinances:
4.4 Cassie Hughes, Building Official, briefed the Council on an Ordinance adopting the National Electrical Code, 2002 Edition, with local amendments. Ms. Hughes stated the City of Abilene is currently utilizing the 1999 National Electrical Code, with amendments. It is recommended that the 2002 National Electrical Code, with local amendments, be adopted in order that the City’s construction regulations are kept up to date. Local amendments pertain to licensing and administrative procedures with very limited modifications made to the technical provisions of the National Electrical Code. The National Electrical Code is utilized throughout the United States. Ms. Hughes stated it is important that Abilene maintains compatible construction regulations with other cities, in order to reduce variation to typical standards, eliminate uncertainty to the design profession and the electrical contractors. The Mechanical, Plumbing, Electrical & Swimming Pool Board of Appeals and Electrical Sub-committee and staff recommend approval.
Following Council and staff’s discussion concerning Council needing to receive and review the local amendments prior to a decision being made on their adoption, Councilman Archibald made a motion to table the Ordinance adopting the National Electrical Code, 2002 Edition, with local amendments until the November 21st Council meeting, set a public hearing for that date, and re-notify all appropriate parties of that public hearing. Councilman Williams seconded the motion and the motion carried.
AYES: Councilmen Archibald, Southward, Williams, Hill, Councilwoman Alexander, and Mayor Barr.
NAYS: None.
4.5 Under Agenda Item 4.5, it was noted that Council also needs to receive and review the local amendments to be used in conjunction with the 2000 International Energy Conservation Code, prior to a decision being made on adopting those amendments. Mayor Barr requested Ms. Hughes be prepared at the November 21st Council meeting to answer the question “Is the standard $300,000 insurance requirement standard for all trades in the City and if not, why not?” Mayor Barr also requested information be provided at the November 21st Council meeting concerning what an apprentice electrician, under the supervision of a Master Electrician, is authorized to do. Ms. Hughes stated during the adoption of the International Codes in October 2001 by the City of Abilene, provisions were made to enact the energy efficiency requirements of the Residential Code and the Energy Code in the City of Abilene, with an effective date of September 1, 2002. Therefore, the Codes have been adopted and basic procedures established for enforcement in this municipality. Senate Bill 5 further allows counties that are not located in the non-attainment areas to consider amendments to the referenced code. A review committee has worked for several weeks evaluating the codes and considering possible amendments. The committee has prepared an amendment booklet that maintains compliance with State Law, while providing optimum options to our citizens. As part of Senate Bill 5, the law requires a municipality to establish procedures for administering and enforcing these codes by September 1, 2002.
Mayor Barr noted the importance of
and expectations that staff will present a clear understanding of the local
amendments that will be before Council at their November 21, 2002 Council
meeting.
Councilwoman Alexander made a motion to table the Ordinance adopting local amendments to be used in conjunction with the 2000 International Energy Conservation Code, until the November 21st Council meeting, set a public hearing for that date, and re-notify all appropriate parties of that public hearing. Councilman Southward seconded the motion and the motion carried.
AYES: Councilmen Archibald, Southward, Williams, Hill, Councilwoman Alexander, and Mayor Barr.
NAYS: None.
EXECUTIVE SESSION
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 Council was reconvened in the City Council
Chambers of City Hall for the Budget Workshop.
_____________________________ ______________________________
Jo
Moore Grady
Barr
City
Secretary Mayor