CITY COUNCIL MEETING

December 5, 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 December 5, 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 Jimmy McNeil.  Also present were City Manager Larry Gilley, Assistant City Managers Michael Morrison and Kathy Merrill, City Attorney Sharon Hicks, City Secretary Jo Moore, and various members of the City staff. Councilwoman Kay Alexander was absent.

 

            Councilman John Hill gave the invocation.

 

Pledge of Allegiance was led by Asia Austin, a fifth grader at Dyess Elementary. Asia’s principal, mother, and brother 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   William J. Newman             Public Safety Dispatcher II

                                                Police

 

            Mayor Barr presented a Proclamation for December 5, 2002 to January 5, 2003 as “Safe Holidays Ahead”.

 

City Manager Larry Gilley introduced Lou Ann Mullings, Information Technology Network Operations Division Manager.  Mr. Gilley stated this will be the first of five division presentations from the Information Technology Department.  Ms. Mullings introduced Frank Niewerski, Network Manager, then gave a presentation on the functions of the Network Operations Division.

 

Mayor Barr and the Council complimented the division’s work and thanked Ms. Mullings for the presentation.

 

            No Council action was required.

 

 

DISPOSITION OF MINUTES

 

2.0       There being no corrections, additions, or deletions to the November 21, 2002 Regular City Council Meeting minutes, Councilman Southward made a motion to approve the minutes as printed. Councilman Williams seconded the motion and the motion carried.

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

            NAYS:  None.

 
 
CONSENT AGENDA

 

            Item 3.1 was removed from the consent agenda to be considered separately.  Councilman Archibald made a motion to approve consent agenda items 3.2 and 3.4, first reading of items 3.5 through 3.7, and final reading of item 3.8.  Councilman Southward seconded the motion and the motion carried.

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

            NAYS:  None.

 

 

Resolutions:

3.1              Removed from the consent agenda to be considered separately.  Oral Resolution for reapproval and authorization of funding to support the Wooten Project through TIF and Section 108 loan funds.

 

 

Bid Awards:

3.2              Miscellaneous street improvements: ADA Curb Ramps 2002, Bid #CB-3012.  The bid was awarded to Bontke Brothers Construction Company, Abilene, Texas in the amount of $45,601.80, as recommended by staff.

 

3.3              Rehabilitation of storm drain behind 1934 River Oaks Road (Elm Creek), Bid #CB-3018.  Bid was not awarded due to Council not having received the required Tabulation of Bids.

 

3.4              Street maintenance materials, Bid #CB-3014.  The unit prices bid was awarded as follows: Abilene Lumber, Inc.: Type 1 Portland Cement; Apac-Texas, Inc.: HPPM; Bridges Asphalt Products, Inc.: MC-30, MC-3000 Liquid Asphalt; Crafco Texas, Inc.: CMC-200; Flexkrete Technologies: Flexkrete; R. E. Janes Gravel Co.: Coverstone A-4, Coarse Fill Sand, Remix, Cushion Sand; Transit Mix Concrete: Portland Cement, 7-sack; Vulcan Construction Materials Co.: Limestone Rock Asphalt Type CC, Limestone Rock Asphalt Type A, Hot Mix Type D, Cold Mix Type F, Crushed Limestone Aggregate Delivered and Non-Delivered, Coverstone; PB-4, Crushed Limestone #5; and Southern Asphalt & Petroleum: AC-10, SS1 Emulsion; as recommended by staff.

 

 

            Ordinances:              

3.5              Z-04402 – Rezone from AO (Agricultural Open Space) to MH (Mobile Home) zoning district property located at 5150 FM 18, and set a public hearing for December 19, 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              SNC-04502 – Street name change from N. 2nd Street from the west right-of-way line of Treadaway Blvd. to just east of Plum Street to the name of North 1st Street, Abilene, Taylor County, Texas, and set a public hearing for December 19, 2002 at 8:30 a.m.    

 

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ABILENE, TEXAS, FOR A STREET NAME CHANGE OF NORTH 2ND STREET TO NORTH 1ST STREET, AS DESCRIBED BELOW AND CALLING A PUBLIC HEARING.

 

3.7              Ordinance establishing Standards of Care for City of Abilene Youth Programs, and set a public hearing for December 19, 2002 at 8:30 a.m.    

 

AN ORDINANCE OF THE CITY OF ABILENE TEXAS, ESTABLISHING STANDARDS OF CARE FOR YOUTH PROGRAMS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; AND CALL A PUBLIC HEARING.

 

3.8              Ordinance amending Chapter 18, “Motor Vehicles and Traffic”, of the Abilene Municipal Code.

 

The Ordinance is numbered 45-2002 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

 

Resolutions:

3.1            Removed from the consent agenda to be considered separately.  Assistant City Manager Michael Morrison briefed the Council on the Oral Resolution for reapproval and authorization of funding to support the Wooten Project through TIF and Section 108 loan funds. Mr. Morrison stated the Wooten Project has five different sources of financing, each with its own requirement and that the loans made using Section 108 must meet certain eligibility requirements as established by HUD. 

 

            The original project eligibility was through low and moderate job creation.  All Section 108 loans are also counted in the City’s HUD requirements to be an entitlement city to receive Community Development Block Grant (CDBG) funds.  HUD requires that at least 70% of the funds used benefit persons of low and moderate income.  In May 2001, the Wooten project changed from a mixed use to apartments only thereby eliminating the benefit of low and moderate job creation.  The only qualifying project eligibility became the elimination of slum and blight.  The Section 108 funding was lowered to approximately $1,600,000 and the TIF commitment for the parking garage was lowered to $1,000,000 based on decreased costs.  At that time, it was estimated that approximately $1,400,000 could be funded through Section 108 with the City meeting all HUD requirements to comply with the 70% requirement.  The City was soliciting approval of discretionary Federal funding to help cover the short fall from the federal government.  The project has received discretionary Federal funding totaling $325,000.  In order to remain in compliance, the maximum amount of Section 108 funding allowed is approximately $1,050,000 leaving a funding gap of approximately $600,000.  Alternatives are being pursued by staff to assure compliance with CDBG, one alternative, being a request made to TIF for additional funding to the project in the amount of no more than $400,000.

 

            The TIF Board has met and approved, upon Council’s approval, up to $400,000 in TIF funds as a contingency to assist the city in meeting the overall benefit requirement of the CDBG program. Staff will continue to pursue other options to satisfy compliance for low and moderate-income benefit and if identified, TIF funding may not be required.  Mr. Morrison further noted within a year from now it should be determined whether or not the up to $400,000 will be needed. The TIF Board and staff recommend the Council approve the funding request by Oral Resolution.

 

            Council and staff discussion included: 1) the impact to the community in the area of job creation and financial obligation/debt service; 2) the financial structure being typical of that in economic development; 3) the project being a high priority in downtown re-development; and 4) the common goal of many to see the building restored and the co-efforts involved in obtaining that goal.

 

            Councilman Southward made a motion to approve, by Oral Resolution authorization of funding to support the Wooten Project through TIF and Section 108 loan funds, as recommended by the TIF Board and staff.  Councilman Archibald seconded the motion and the motion carried.

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

            NAYS:  None.

 

 

Staff Presentation:

4.1              Andy Anderson, Director of Public Works, distributed a July 6, 2002 Flood update of response activities handout.  Mr. Anderson reviewed the activities as follows:

·        Repairs

·        Minor repairs – mostly complete

·        Major repairs

·        Low water crossing north of Abilene

·        Storm drain outlet – Elm Creek (1934 River Oaks)

 

·        Property buy-outs

·        Formal application submitted to Texas Division of Emergency Management November 8, 2002

·        Letter of clearance from Texas Historical Commission received November 25, 2002

 

Mr. Anderson stated the Property Buy-Outs Program would possibly involve the buyout of 60 homes and two businesses.  Of the estimated $7 million cost, 75% would be funded by the Federal Emergency Management Administration. 

 

Council noted the importance of property owners clearly understanding that the City is reviewing the buy-out program but not making any guarantees due to several factors, including the program depending on State and City funding.

 

·        Elm creek projects

·        October 23, 2002 received word $5 million (cost share) will be made available from Natural Resource Conservation Service.

·        November 6 & 7 met with NRCS to discuss eligible work and project process.

·        Proceeding with Drainage Structure Emergency Project.

·        Project Agreement Pending from NRCS

·        Project(s) focus will be on debris removal

 

·        Flood Prevention

·        Meeting with Corps of Engineers and NRCS

·        Application to NRCS pending co-sponsor consideration by County and Middle Clear Fork Soil and Water Conservation District.

·        Letter to Corps of Engineers requesting assistance in developing a project.

 

Mr. Anderson stated due to the complexities of federal agencies, a long-term relationship is expected with the Corps of Engineers and NRCS in resolving the City’s flood problems.

 

Council commended Mr. Anderson and his staff and all positive efforts that have been made to repair damage caused by the flooding and to prevent or lessen the impact of future deluges.

 

No Council action was required.

 

 

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