December 19, 2002, 8:30 A.M.
CITY COUNCIL OF THE CITY OF
ABILENE, TEXAS
The
City Council of the City of Abilene, Texas, met in Regular Session on December 19, 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, John
Hill, Jimmy McNeil, and Councilwoman Kay
Alexander. Also present were City
Manager Larry Gilley, Assistant City Attorney Dan Santee, City Secretary Jo
Moore, Assistant City Managers Michael Morrison and Kathy Merrill, and various
members of the City staff. Councilman
Anthony Williams and City Attorney Sharon Hicks were absent.
Councilman
Jimmy McNeil gave the invocation.
Pledge of Allegiance was led by Lula Hicks, a fifth grader at Fannin Elementary. Lula’s Principal, Mr. Galloway, Assistant Principal, Cristi O'dell, and school photographer Nita Keesee were in attendance.
City Manager Larry Gilley introduced Greg Brown, Geographic Information Systems (GIS) Division Program Manager. Mr. Brown presented an overview of the Geographic Information Systems, a division of the Administrative Services Department and distributed maps generated from the GIS system. Council thanked Mr. Brown for the presentation, and commended staff on the quality of the maps.
No Council action was required.
2.0 There being no corrections, additions, or
deletions to the December 5, 2002 Regular City Council Meeting and
Budget Workshop 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, Hill, McNeil, Councilwoman Alexander, and Mayor Barr.
NAYS: None.
Councilman Southward made a motion to approve consent agenda items 3.1 through 3.5, as recommended by staff. Councilwoman Alexander seconded the motion and the motion carried.
AYES: Councilmen Archibald, Southward, Hill, McNeil, Councilwoman Alexander, and Mayor Barr.
NAYS: None.
3.1 Rehabilitation of storm drain at 1934 River Oaks Road (Elm Creek), Bid #CB-3018. The bid was awarded to Harris Acoustics, Inc., Abilene, Texas in the amount of $44,050.00, as recommended by staff.
3.2 Procurement and installation of data switching, networking equipment, and cabling from TeleCom Unlimited. The bid was awarded to TeleCom Unlimited in the amount of $39,350.00, as recommended by staff.
3.3 Police Patrol Sedans, Bid #CB-3010. The bid was awarded to Arrow Ford, the low responsible bidder, in the amount of $354,008.00, as recommended by staff.
3.4 Civic Center Auditorium seat refurbishing, Bid #CB-3002. The bid was awarded to Cy Young Industries, Inc., the low bidder, in the amount of $226,483.88, as recommended by staff.
Resolutions:
3.5 Resolution providing for approval of application for grant funds from the Edward Byrne Memorial State and Local Law Enforcement Assistance program to hire a forensic specialist.
The Resolution is numbered 33-2002 and is captioned as follows:
A RESOLUTION PROVIDING FOR APPROVAL OF APPLICATION FOR GRANT FUNDS FROM THE EDWARD BYRNE MEMORIAL STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE PROGRAM TO HIRE A FORENSIC SPECIALIST.
REGULAR AGENDA
Resolutions:
4.1 & 4.2 Lisa Hughes, Interim Director of Economic Development, briefed the Council on items 4.1, Resolution authorizing the Tax Increment Financing District Board (TIF) to incur debt to support identified projects within the TIF District; and 4.2, Resolution authorizing the use of $800,000 of TIF funds to provide support for the programming elements of Frontier Texas! Ms. Hughes stated that although presented together, separate Council action would be needed on the items. Established in 1982, the Abilene Reinvestment Zone Number One (TIF) was created as a funding source to be used for project costs associated with the improvement of Abilene’s downtown area. The TIF has a legislated life term of 25 years, requiring termination of the district in December, 2007. In order to accommodate the projects approved by TIF to date, a leverage of future funds is needed and may only be accomplished by borrowing funds for those projects. At this time the TIF has three projects identified for funding; two of which have been approved: 1) the Wooten Parking Garage project in the amount of $1,000,000; and 2) the $400,000 supplement to Section 108 funding for the Wooten project that guarantees the City’s compliance with HUD regulations concerning the national objectives of low and moderate income benefit and the elimination of slum and blight. The third project is for funding in the form of a grant to support Frontier Texas! in the amount of $800,000 for the construction of the Frontier Experience Theater within Frontier Texas!
Frontier Texas! will be a two-part facility and will house a visitor’s center providing tourist information and the Frontier Texas! historical experience and museum. Funding for the construction of the facility has been procured, bids have been opened and groundbreaking for the construction was held December 10, 2002. A request was made to TIF for the additional $800,000 funding to support the development and creation of the Frontier Experience Theater, a portion of the exhibit (historical experience) of the facility. The historical experience housed in this new facility will be an experiential, participatory, informational exhibit center, aimed at making the review of the area’s heritage compelling and memorable. The exhibition is the fundamental portion of Frontier Texas! to successfully attract visitors to the facility and the downtown area.
TIF has the need to borrow an amount not to exceed $900,000 in order to complete all of these projects. Several financing options have been considered. The best source to fulfill the immediate requirements of identified projects is the City of Abilene’s General Fund Undesignated Balance. TIF has the ability to debt service this amount at a projected payment of approximately $242,000 annually through the defined existence of the TIF. The debt would not totally deplete the future TIF cash flow and allow a possibility to fund smaller projects in the future even if no increase in revenue is accomplished. TIF is asking the City Council for authority to borrow funds from the General Fund Undesignated Balance and pledge revenue from future collections to repay the City. The TIF would borrow those funds to be paid within five years at a 2.75% interest rate. The TIF Board and staff recommend approval of the Resolution authorizing TIF to borrow $900,000 from the City of Abilene General Fund to fund the identified projects.
Council and staff discussion
included: 1) future TIF projects will be small with these three large funding
commitments but ways do exist to pull funding together for future projects; 2)
the expected benefits to the local economy and downtown from the Wooten and
Frontier Texas! contributions; 3) TIF expenses having been discussed in smaller
settings outside council meetings; 4) future cost related issues being brought
back to council; and 5) Council’s appreciation of staff’s conservative revenue
estimates.
Council noted their appreciation to and commended the TIF Board and staff for their outlook and commitment to the revitalizing of downtown and for the positive impact the projects will have on Abilene’s economy as a whole.
Councilwoman Alexander made a motion to approve the Resolution
authorizing the Tax Increment Financing District Board (TIF) to incur debt to
support identified projects within the TIF District, as recommended by the TIF
board and staff. Councilman Hill seconded the motion and the motion carried.
AYES: Councilmen Archibald, Southward, Hill, McNeil, Councilwoman Alexander, and Mayor Barr.
NAYS: None.
The Resolution is numbered 34-2002 and is captioned as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ABILENE, TEXAS, AUTHORIZING THE ABILENE REINVESTMENT ZONE NUMBER ONE BOARD A/K/A TAX INCREMENT FINANCING DISTRICT BOARD (TIF) OF THE CITY OF ABILENE, TO INCUR DEBT TO SUPPORT IDENTIFIED PROJECTS WITHIN THE TAX INCREMENT FINANCING DISTRICT.
Councilwoman Alexander made a motion to approve the Resolution
authorizing the use of $800,000 of TIF funds to provide support for the
programming elements of Frontier Texas!, as recommended by the TIF board and
staff. Councilman Archibald seconded the motion and the motion carried.
AYES: Councilmen Archibald, Southward, Hill, McNeil, Councilwoman Alexander, and Mayor Barr.
NAYS: None.
The Resolution is numbered 35-2002 and is captioned as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ABILENE, TEXAS, AUTHORIZING THE ABILENE REINVESTMENT ZONE NUMBER ONE BOARD A/K/A TAX INCREMENT FINANCING DISTRICT BOARD (TIF) OF THE CITY OF ABILENE, TO USE TAX INCREMENT FINANCING FUNDS TO SUPPORT THE PROGRAMMING ELEMENTS OF FRONTIER TEXAS!
Ordinances:
4.3 Jeff Armstrong, Development Services Manager, briefed the Council on an Ordinance considered on second and final reading - Z-04402 – Rezone from AO (Agricultural Open Space) to MH (Mobile Home) zoning district property located at 5150 FM 18. Mr. Armstrong stated the applicant’s property was once occupied by a single-family home and an illegal nonconforming mobile home. The two structures formed a combined dwelling unit. A fire destroyed them both. Instead of building another home, the applicant wishes to occupy the property with just a mobile home. MH zoning is intended for the development of mobile home parks and subdivisions within a suitable residential environment. Although there are scattered residences in the vicinity of the subject property, the area is most fitting for heavy commercial and industrial uses. Placing a residential zoning district that encourages permanent occupancy in the midst of less restrictive uses may interfere with eventual development of the eastern business/industrial gateway that is likely to emerge from the Comprehensive Plan. Maintaining AO zoning will promote compatibility with the future of the area and still allow the applicant to place an affordable single-family home on the property until change occurs. Mr. Armstrong further stated if Council approves the request, the approval will allow for one mobile home lot, and Mr. Armstrong noted for the record the applicant would be required to plat the property before a permit can be obtained and a structure can be placed on it. The Planning and Zoning Commission recommends approval of the request; staff recommends denial.
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) locating one mobile home on the property being an appropriate use of that land; 2) the fact that under the current zoning a home could be built on the property; 3) concerns that people are not being allowed to live on their property; 4) approval of the request possibly creating a situation where businesses/industry would not locate in the area due to homeowner complaints (conflict of uses); 5) approval of request resulting in council establishing a pattern, condoning and or encouraging residential zoning in proximity of industrial zoning; and 6) air quality permitting issues being complicated for industrial developers with the close location of residential zoning.
Councilman McNeil made a motion to deny the request to rezone
from Agricultural Open Space to Mobile Home zoning district property located at
5150 FM 18, as recommended by staff. Councilwoman
Alexander seconded the motion and the
motion carried.
AYES: Councilmen Hill, McNeil,
Councilwoman Alexander, and Mayor Barr.
NAYS:
Councilmen Archibald and Southward.
The request was DENIED.
4.4 Jeff Armstrong, Development Services Manager, briefed the Council on an Ordinance considered on second and final reading - 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. Mr. Armstrong stated a street name change is needed to address the new alignment created by the extension of N. 1st St. in conjunction with the Frontier Texas! project. The Council recently awarded bids for the extension of North 1st Street between Mesquite and Ash Streets. A section of what is now North 2nd from just east of Plum to Treadaway will be integrated into the North 1st extension, and should be renamed as “North 1st” for continuity. 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 noted concerns over visitors to Abilene not being able to locate N. 2nd Street from Treadaway Blvd. James Condry, Traffic & Transportation Administrator, distributed a drawing of the street layout for clarification of N. 1st and N. 2nd locations.
Councilman McNeil made a motion to approve the Ordinance for a 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, as recommended by the Planning &
Zoning Commission and staff. Councilman
Southward seconded
the motion and the motion carried.
AYES: Councilmen Archibald,
Southward, Hill, McNeil, Councilwoman Alexander, and Mayor Barr.
NAYS:
None.
The Ordinance is numbered 46-2002 and is captioned as follows:
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.
4.5 Mike
Hall, Director of Community Services, briefed the Council on an Ordinance
considered on second and final reading establishing Standards of Care
for City of Abilene Youth Programs, and
distributed a copy of the Abilene Youth Programs Standards of Care 2002
pamphlet. Mr. Hall stated in August 1997, the 74th Legislature enacted
Section 42.041(14) of the Texas Human Resources Code, which would exempt youth
programs operated by a municipality from child-care state licensing
requirements. The Texas Human Resources
Code provides that in order for municipal youth programs to be exempted from
state licensing requirements, the governing body of the municipality must annually
adopt standards of care by ordinance after a public hearing. The major difference between the
requirements is that Abilene has established standards for 6-13 years of age,
instead of 0-13 years of age. The Standards
of Care Ordinance, which was approved by the Abilene City Council four years
ago, has functioned very well. Mr. Hall noted a recommendation from Dona
Roth Kinney, Director of the City of Keller Parks & Recreation, and
evaluator of the Program’s performance.
Ms. Kinney recommended that each participant wear a wristband on field trips
with the Recreation Division’s phone number on it and that says, “Abilene Parks
and Recreation”. Mr. Hall stated the
recommendation will be implemented. The Parks and Recreation Board and staff
recommend approval of the Ordinance.
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 commended staff for the high standards of care that have been set and followed.
Councilman Southward made a motion to approve the Ordinance establishing Standards of Care for City of Abilene Youth Programs as recommended by the Parks & Recreation Board and staff. Councilman Archibald seconded the motion and the motion carried.
AYES: Councilmen Archibald,
Southward, Hill, McNeil, Councilwoman Alexander, and Mayor Barr.
NAYS:
None.
The Ordinance is numbered 47-2002 and is captioned as follows:
AN ORDINANCE OF THE CITY OF ABILENE, TEXAS, ESTABLISHING STANDARDS OF CARE FOR CITY OF ABILENE YOUTH PROGRAMS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; AND CALL A PUBLIC HEARING.
Council commended staff and the City Manager on team efforts in the presentations today.
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.
5.4 No
action was taken on the appointment of an Assistant City Attorney.
There being no further business, the meeting was adjourned at 11:40 a.m.
_____________________________ ______________________________
Jo
Moore Grady Barr
City
Secretary Mayor