CITY COUNCIL MEETING
April 10, 2003, 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 April 10, 2003, 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, City Attorney Sharon Hicks, City Secretary Jo Moore, and various members of the City staff. Councilman Anthony Williams was absent.

Councilman John Hill gave the invocation.

Pledge of Allegiance was led by Travis and Bradley Kern. Travis is a fifth grader and Bradley is a first grader at Taylor Elementary. The boys' parents, Melody and Robert Kern, were also in attendance.

Mayor Barr, assisted by Fire Chief Bob Putnam, presented the National Fire Academy Award to Battalion Chief Kenneth Dozier.

Mayor Barr presented the following Proclamations:

April 6-12, 2003 as Week of the Young Child;
April 13-19, 2003 as Infant Immunization Awareness Week;
April 2003 as Parkinson's Disease Awareness Month;
April 20-26, 2003 as National Medical Laboratory Week; and
April 2003 as Occupational Therapy Month

DISPOSITION OF MINUTES

2.0 There being no corrections, additions, or deletions to the March 27, 2003 Regular City Council Meeting and Budget Workshop minutes, Councilman Hill made a motion to approve the minutes as printed. Councilwoman Alexander seconded the motion and the motion carried.

AYES: Councilmen Archibald, Southward, Hill, McNeil, Councilwoman Alexander, and Mayor Barr.
NAYS: None.

CONSENT AGENDA

Councilwoman Alexander made a motion to approve consent agenda items 3.1, 3.2, 3.11, first reading of items 3.3 through 3.9, and final reading of 3.10. Councilman Southward seconded the motion and the motion carried.

AYES: Councilmen Archibald, Southward, Hill, McNeil, Councilwoman Alexander, and Mayor Barr.
NAYS: None.

Resolutions:

      3.1 Oral Resolution accepting Certification of Unopposed Candidates and approving an Order Canceling the May 3, 2003 General Election.

      Bid Awards:

       3.2 Catclaw Creek Cleaning, Vogel to Stamford Street, Bid #CB-3036. The bid was awarded to Light Storm Enterprises, Inc., Abilene, Texas in the amount of $50,000 as recommended by staff.

      Ordinances:

      3.3 TC-00503 – Thoroughfare abandonment of a portion of Mesquite Street and a 15' east-west alley located at 2341 N. Treadaway, and set a public hearing for April 24, 2003 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.

      3.4 Z-01103 – Rezone from LI (Light Industrial) to HC (Heavy Commercial) zoning district property located at 4381 & 4397 Sayles Blvd., and set a public hearing for April 24, 2003 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.

      3.5 Z-01203 – Rezone from LC, RM-3 & RM-3/MX (Limited Commercial, Residential Multi-Family & Residential Multi-Family/Mixed Use Overlay) to MU (Medical Use) zoning district property located at North 18th & Hickory Streets, Southeast corner, and set a public hearing for April 24, 2003 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-01303 – Street name change of Loch Lomand to Road Runner Court, and set a public hearing for April 24, 2003 at 8:30 a.m.

      AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ABILENE, TEXAS, FOR A STREET NAME CHANGE OF LOCH LOMAND TO ROAD RUNNER COURT, AS DESCRIBED BELOW AND CALLING A PUBLIC HEARING.

      3.7 SNC-01403 – Street name change of Perserverance to Wildlife Trails Parkway, and set a public hearing for April 24, 2003 at 8:30 a.m.

      AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ABILENE, TEXAS, FOR A STREET NAME CHANGE OF PERSERVERANCE TO WILDLIFE TRAILS PARKWAY, AS DESCRIBED BELOW AND CALLING A PUBLIC HEARING.

      3.8 Z-01603 – Rezone from AO, RM-2 & RM-3 (Agricultural Open Space & Residential Multi-Family) to RM-3 (Residential Multi-Family) zoning district property located in the 2600 block of Antilley Road, and set a public hearing for April 24, 2003 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.

      3.9 Z-01803 – Rezone from O (Office) to LC (Limited Commercial) zoning district property located at 290 & 298 S. Willis, and set a public hearing for April 24, 2003 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.

      3.10 Ordinance amending Chapter 18, "Motor Vehicles and Traffic, Sections 18-285, Increased Speed Limits, and 18-299, Parking Time Limited, of the Abilene Municipal Code.

      The Ordinance is numbered 9-2003 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.

      Resolution:

      3.11 Resolution supporting the continued existence of the Abilene State School and encouraging the State Legislature to support the school.

The Resolution is numbered 10-2003 and is captioned as follows:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ABILENE, TEXAS, SUPPORTING THE CONTINUED EXISTENCE OF THE ABILENE STATE SCHOOL AND ENCOURAGING THE STATE LEGISLATURE TO SUPPORT THE SCHOOL.

REGULAR AGENDA

Ordinances:

      4.1 Jeff Armstrong, Development Services Manager, briefed the Council on an Ordinance considered on second and final reading - Z-00903 – Rezone from AO (Agricultural Open Space) to PDD (Planned Development) zoning district property, approximately 12.12 acres, located off of I-20 & Judge Ely Blvd. Mr. Armstrong stated the applicant intends to construct a 140-unit low-income housing tax credit project for seniors. Viability of the project depends upon whether the Texas Department of Housing and Community Affairs approves credits. Last year the Council rezoned property near Treadaway and Industrial for the applicant for a similar proposal, although the credits were not approved, the status of that rezoning will not change. The applicant initially requested a rezoning to RM-2. The staff prepared the PDD proposal in the alternative in order to improve site design. The applicant concurred, and the P&Z Commission adopted staff's proposal. Instead of constructing sidewalks on the I-20 frontage at the time of development, the Commission agreed to defer the improvements with a bond. Mr. Armstrong noted if a building permit is not obtained within two years of Council approval, the proposed land will revert back to its original zoning of Agricultural Open Space. The Planning and Zoning Commission and staff recommend approval.

Mayor Barr opened a public hearing on the item, and the following individual spoke in favor of the request:

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

Councilman Archibald made a motion to approve the Ordinance to rezone from Agricultural Open Space to Planned Development zoning district property, approximately 12.12 acres, located off of I-20 & Judge Ely Blvd., 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 10-2003 and is captioned as follows:

AN ORDINANCE OF THE CITY OF ABILENE, TEXAS, AMENDING CHAPTER 23, SUBPART E, "ZONING," OF THE ABILENE MUNICIPAL CODE, CONCERNING PDD-78 PLANNED DEVELOPMENT DISTRICT; CALLING A PUBLIC HEARING; PROVIDING A PENALTY AND AN EFFECTIVE DATE.

Resolutions:

4.2 Dwayne Hargesheimer, Director of Water Utilities, briefed the Council on an Oral Resolution approving Emergency Raw Water Supply Agreements with the cities of Ballinger and Winters. Mr. Hargesheimer stated the City of Abilene has constructed the Ivie Pipeline as an additional source of water for its customers and citizens. Due to drought conditions, surrounding communities are experiencing occasional, short term water supply emergencies. The City of Abilene and the cities of Ballinger and Winters agree that the City of Abilene, utilizing the Ivie Pipeline, can provide raw water to the two communities under defined emergency conditions. The raw water sold to the communities of Ballinger and Winters shall be treated by those communities and is to be used only for the benefit of customers being served at the time this agreement is executed. The raw water sold is for emergency purposes and is not to be used as a primary water supply for either community. The emergency supply line will be constructed at no cost to the City of Abilene. Ballinger and Winters will be charged at the rate of $0.75 per 1000 gallons, and that rate will be reviewed annually. Staff recommends the Council approve, by Oral Resolution, the Emergency Raw Water Supply Agreements with the cities of Winters and Ballinger.

Council and staff discussion included: 1) use of State water being by permit only; 2) staff noting in the future it is not expected that other cities would be a part of the Ivie Pipeline process similar to the Ballinger/Winters agreement; and 3) information provided by Nicki Harle, Executive Director of the Texas Midwest Community Network and ORCA (the state Office of Rural and Community Affairs) Board member, regarding the ORCA disaster relief grant to Ballinger and Winters possibly applying for a Small Town Environmental Project grant.

Councilman Archibald noted Ms. Harle and Mike Waters, board members of ORCA, are representing a partnership of communities in the Region, and stated the importance of regionalism.

Councilwoman Alexander made a motion to approve by Oral Resolution the Emergency Raw Water Supply Agreements with the cities of Ballinger and Winters, as recommended by staff. Councilman McNeil seconded the motion and the motion carried.

AYES: Councilmen Archibald, Southward, Hill, McNeil, Councilwoman Alexander, and Mayor Barr.
NAYS: None.

4.3 Andy Anderson, Director of Public Works, briefed the Council on an Oral Resolution approving the 2003 Capital Improvements Program projects and approval of a Resolution Directing the Publication of Notice of Intention to Issue Combination Tax and Revenue Certificates of Obligation, Series 2003. At the March 13, 2003 City Council meeting, staff presented a list of potential projects for an annual Certificates of Obligation sale. A project involving various improvements to some of the City buildings has been added as a priority to the list. At a previous budget worksession, staff outlined maintenance priorities involving HVAC upgrades or modifications, roof replacements, boiler and chiller modernization, and other facility repairs. These improvements will last at least the fifteen-year certificate maturity. Staff is recommending to begin working towards meeting those needs.

The following is a list of the potential projects broken down into two groups. Group 1 is the staff recommendation.

2003 CERTIFICATES OF OBLIGATION
DEPARTMENTAL RECOMMENDED PROJECTS
Ambler Phase III $ 450,000
South 14th Traffic Project Added Funding $ 400,000
North 1st Extension Added Funding $ 230,000
Miscellaneous Residential (Heavy Maintenance) $ 300,000
Concrete Intersection $ 125,000
Restroom First Floor – Main Library $ 65,000
Canyon Rock/RR Right-of-Way $ 150,000
Park Trail Paving – Sears park $ 20,000
Redbud Softball Field $ 70,000
Picnic Pavilion – Zoological Gardens $ 100,000
Renovation of City Hall $ 690,000
Improving, Renovating and Equipping Various City Buildings

$ 200,000
Sub Total Group 1 $2,800,000
GROUP 2  
Fire Station 3 Relocation (Site Acquisition) $ 50,000
North 10th St. Extension $744,000
Hike and Bike Trail – Phase II $500,000
Sub Total Group 2 $1,294,000

If approved, staff will complete preparation of the Official Statement and set May 22, 2003, as the sale date. The $2,800,000 certificates of obligation are funded within the current certificate debt tax rate policy of 10.7¢; therefore, in keeping with City Council policy, no increase in the debt tax rate will occur. Staff recommends the City Council approve the projects for the Capital Improvements Program and the Resolution directing the publication of Notice of Intention to Issue Certificates of Obligation.

Council and staff discussion included: 1) approximately $2.9 million being the maximum CO amount that can be issued this year; 2) the $690,000 renovation of City Hall funds would be utilized to refund the general fund loan authorized for the renovation project. The original loan was initiated with the understanding that the General Fund would be reimbursed with 2003 Certificate of Obligation monies; 3) the Zoo Master Plan proposes to create space for large events to take place in the Zoo which will be revenue-generating activities; and 4) any additional renovation of City Hall would come back to Council for approval.

Councilwoman Alexander made a motion to approve by Oral Resolution the 2003 Capital Improvements Program projects, and approval of the Resolution Directing the Publication of Notice of Intention to Issue Combination Tax and Revenue Certificates of Obligation, Series 2003, as recommended by 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 11-2003 and is captioned as follows:

DIRECTING PUBLICATION OF NOTICE OF INTENTION TO ISSUE
COMBINATION TAX AND REVENUE
CERTIFICATES OF OBLIGATION, SERIES 2003

Staff Presentation:

4.4 City Manager Larry Gilley introduced Roberta Thompson, Housing Administrator, who gave a presentation on the Housing Administration Division.

Ms. Thompson reviewed the Housing Administration Division of the Community Development Department as follows:

Ms. Thompson stated all housing units are inspected at least once a year by City staff as well as HUD. Ms. Thompson then reviewed the process for the annual inspections.

Ms. Thompson recognized Housing Authority board member Valree Brailsford, Housing staff, and coworkers in attendance.

Mayor Barr thanked Ms. Thompson for the presentation and noted appreciation to her, her staff, and the Housing board for their work.

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.

5.4 Councilman McNeil moved to approve by Oral Resolution the hiring of Carolyn Foster as an Assistant City Attorney II, effective the first pay period in June, 2003 subject to her background check and results of drug screening being satisfactory, as recommended by City Attorney Sharon Hicks. Councilman Southward seconded the motion and the motion carried.

AYES: Councilmen Archibald, Southward, Hill, McNeil, Councilwoman Alexander, and Mayor Barr.
NAYS: None.

5.5 There being no further business, the Council reconvened at 10:40 a.m. in the City Council Chambers of City Hall for the Budget Workshop.

 

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Jo Moore Grady Barr

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City Secretary Mayor