The City Council of the City of Abilene, Texas, met in a Pre-Council Work Session on May 27, 1999, at 8:30 A.M. in the Basement Conference Room of City Hall. Mayor Grady Barr was present and presiding with Councilmen Paul R. Vasquez and A. Don Drennan, Councilwoman Carol Martinez, Councilmen Rob Beckham and Versie L. Brown, Jr., and Councilwoman Kay Alexander. Also present were City Manager Roy L. McDaniel, Assistant City Manager Mike Morrison, City Attorney Sharon Hicks, Acting City Secretary Debbie Hurley, and various members of the City staff.

Roy McDaniel, City Manager, briefed the Council on various consent and regular agenda items. Items 3.9, Ordinance to establish a franchise for right-of-way use for telecommunications agreement with Southwestern Bell, and 4.1, Ordinance to amend Chapter 12, "Franchises", of the Abilene Municipal Code by adding Article III entitled "Franchise for Right-Of-Way Use for Telecommunications", were removed from the agenda in order for staff to review recently passed State Legislation. At Mayor Barr's request, Linda Simpson, Assistant Director of Water Utilities, distributed to Council the last week's water usage report, in consideration of Item 4.7, Ordinance to amend Chapter 32, "Utilities", of the Abilene Municipal Code, Article VI, Drought Contingency Plan. There being no further discussion, the meeting was recessed to the City Council Chambers until 9:00 a.m. for the regular Council Meeting.

Mayor Barr reconvened the City Council of the City of Abilene, Texas, into Regular Session May 27, 1999, at 9:00 a.m. in the Council Chambers of City Hall.

Councilwoman Carol Martinez gave the invocation.

Pledge of Allegiance was led by Akaia Thompson, 4-year-old great niece of Housing Administrator Roberta Thompson. Akaia's grandmother, Sherry Smith and mother, Denise Thompson were also present.

Mayor Barr presented a proclamation for May 16-22 as Emergency Medical Services Week.

There being no corrections, additions, or deletions to the minutes of the Pre-Council Session and Regular City Council Meeting held May 6, 1999, Councilwoman Martinez moved to approve the minutes as printed. Councilman Vasquez seconded the motion and the motion carried.

AYES: Councilmen Vasquez and Drennan, Councilwoman Martinez, Councilmen Beckham and Brown, Councilwoman Alexander, and Mayor Barr.

NAYS: None.

Councilman Drennan moved to approve consent agenda items 3.1 through 3.7, and approval of first reading of Item 3.8, as recommended by the staff. Item 3.9 was removed from the Consent Agenda for further review at the request of staff. Councilman Vasquez seconded the motion and the motion carried.

AYES: Councilmen Vasquez and Drennan, Councilwoman Martinez, Councilmen Beckham and Brown, Councilwoman Alexander, and Mayor Barr.

NAYS: None.

1. Resolution authorizing the City Manager to execute depository contracts for commercial bank services with Bank One, Texas, N.A.

The Resolution is numbered 16-1999 and is captioned as follows:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ABILENE, TEXAS, DESIGNATING BANK ONE, TEXAS, N.A., AS THE PRIMARY DEPOSITORY FOR COMMERCIAL BANKING SERVICES AND APPROVING SECURITIES PLEDGED.

2. Resolution providing for approval of an application for grant funds from the State of Texas for a Selective Traffic Enforcement Program.

The Resolution is numbered 17-1999 and is captioned as follows:

A RESOLUTION PROVIDING FOR APPROVAL OF APPLICATION FOR GRANT FUNDS FROM THE STATE OF TEXAS FOR A SELECTIVE TRAFFIC ENFORCEMENT PROGRAM.

3. Oral Resolution authorizing the City Manager to authorize purchase of GIS equipment and software, Proposal #CB-9045. Staff recommends award of proposal to Cadvision for software and equipment in the amount of $15,529 with an additional $345 for shipping, and $500 for installation of a scanner; ESRI for software support in the amount of $3000; and GEOWAREHOUSE in the amount of $5420 for software tools.
4. Oral Resolution approving a street use license agreement with Enprotec, Inc. for installation of monitoring wells located on public right of way within 200 feet of property at 542 Plum Street and on Lots 5-12, Block 68, Original Town, Abilene, Taylor County, Texas.

Award of Bids

5. Complete rebuild of Chevrolet Caprice patrol sedans, Bid #CB9039. The bid was awarded to Allen Samuels Chevrolet for a total amount not to exceed $112,000, as recommended by staff.
6. Rehabilitation of S. 14^th Street from Elmwood Drive to Matador Street, Bid #CB9046. The bid was awarded to J. H. Strain & Sons, Inc. of Tye, TX for unit prices bid with an estimated construction cost of $719,285.10, as recommended by staff.
7. Coverstone type A-4 for use in sealcoat operations, Bid #CB9047. The bid was awarded to R. E. Janes Gravel Company of Abilene for the unit prices bid, as recommended by staff.

Ordinances

8. Approval of first reading - Ordinance amending Traffic Code Schedules in Chapter 18, "Motor Vehicles and Traffic", of the Abilene Municipal Code.

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.

9. Ordinance to establish a franchise for right-of-way use for telecommunications agreement with Southwestern Bell, and set a public hearing for June 10, 1999 at 9:00 a.m. Removed from the Consent Agenda for further review at the request of staff.

4.1 Ordinance to amend Chapter 12, "Franchises", of the Abilene Municipal Code by adding Article III entitled "Franchise for Right-Of-Way Use for Telecommunications" was removed from the Regular Agenda for further review at the request of staff.

4.2 Sharon Hicks, City Attorney, briefed the Council regarding an Ordinance amending Chapter 8, "Construction Regulations", Article VI, Division 3, "Electrical Code", Chapter 4, License Requirements, License, Section 401, of the Abilene Municipal Code. The Electrical Subcommittee, MPE & Swimming Pool Board of Appeals, 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 Vasquez moved to approve the Ordinance amending Chapter 8, "Construction Regulations", Article VI, Division 3, "Electrical Code", Chapter 4, License Requirements, License, Section 401, of the Abilene Municipal Code, as recommended. Councilwoman Alexander seconded the motion and the motion carried.

AYES: Councilmen Vasquez and Drennan, Councilwoman Martinez, Councilmen Beckham and Brown, Councilwoman Alexander, and Mayor Barr.

Nays: None.

The Ordinance is numbered 18-1999 and is captioned as follows:

4.3 Cassie Hughes, Building Official, briefed the Council regarding an Ordinance amending Chapter 29.5, "Swimming Pools & Spas", Article 1, "In General"; Article II, "Contractors", and Article III, "Design and Construction Standards Residential Inground Pools", of the Abilene Municipal Code. The MPE & Swimming Pool Board of Appeals 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.

Following discussion, Councilwoman Martinez moved to approve the Ordinance amending Chapter 29.5, "Swimming Pools & Spas", Article 1, "In General"; Article II, "Contractors", and Article III, "Design and Construction Standards Residential Inground Pools", of the Abilene Municipal Code, as recommended. Councilman Brown seconded the motion and the motion carried.

AYES: Councilmen Vasquez and Drennan, Councilwoman Martinez, Councilmen Beckham and Brown, Councilwoman Alexander, and Mayor Barr.

Nays: None.

The Ordinance is numbered 19-1999 and is captioned as follows:

4.4 Jeff Armstrong, Development Services Administrator, briefed the Council regarding Z-01499 - Ordinance to add Historic Overlay to underlying CB (Central Business) district located at 1202 N. 1^st Street. 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:

. Gary Pullin, 340 Beech, agent for the proponent, stated this is part of the historical district.

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

Councilman Vasquez moved to approve the Ordinance to add Historic Overlay to underlying CB (Central Business) district located at 1202 N. 1^st Street, as recommended. Councilwoman Alexander seconded the motion and the motion carried.

AYES: Councilmen Vasquez and Drennan, Councilwoman Martinez, Councilmen Beckham and Brown, Councilwoman Alexander, and Mayor Barr.

Nays: None.

The Ordinance is numbered 20-1999 and is captioned as follows:

4.5 Jeff Armstrong, Development Services Administrator, briefed the Council regarding an Ordinance amending Section 23-317.3.C.(1) of the Zoning Ordinance pertaining to bathroom facilities in accessory structures. 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 Beckham moved to approve the Ordinance amending Section 23-317.3.C.(1) of the Zoning Ordinance pertaining to bathroom facilities in accessory structures, as recommended. Councilwoman Martinez seconded the motion and the motion carried.

AYES: Councilmen Vasquez and Drennan, Councilwoman Martinez, Councilmen Beckham and Brown, Councilwoman Alexander, and Mayor Barr.

Nays: None.

The Ordinance is numbered 21-1999 and is captioned as follows:

4.6 Jeff Armstrong, Development Services Administrator, briefed the Council regarding an Ordinance reinstating zone deferment to allow Enterprise Property in City's Enterprise Zone program in the Reinvestment Zone (TIF) area for a period of six months, located at 150 Locust. Staff recommends 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 Brown moved to approve the Ordinance reinstating zone deferment to allow Enterprise Property in City's Enterprise Zone program in the Reinvestment Zone (TIF) area for a period of six months, located at 150 Locust, as recommended by staff. Councilwoman Alexander seconded the motion and the motion carried.

AYES: Councilmen Vasquez and Drennan, Councilwoman Martinez, Councilmen Beckham and Brown, Councilwoman Alexander, and Mayor Barr.

Nays: None.

The Ordinance is numbered 22-1999 and is captioned as follows:

4.7 Dwayne Hargesheimer, Director of Water Administration, briefed the Council regarding an Ordinance amending Chapter 32, "Utilities", Article VI, Drought Contingency Plan of the Abilene Municipal Code. Mr. Hargesheimer then introduced Assistant Director of Water Administration Linda Simpson, who recognized the following public review committee members: Floyd Ball, Jerry Corneillie, Susan Cummings, Windell Lowe, Jeff Luther, Vance McCracken, Tom Martin, Scott Warren, and Kathy Webster; and thanked the media, especially Anthony Wilson of the Abilene Reporter News for their positive coverage. Ms. Simpson stated the committee wanted the Ordinance to be simple, fair, and easy to follow. Ms. Simpson then outlined some of the improvements and changes reflected in the new Ordinance, noting public comments have been supportive, with the intent to prevent waste and that enforcement will not be necessary if common sense and sensitivity are applied.

At the request of Councilman Drennan for a summary of the status of the Ivie Pipeline, Ms. Simpson stated the projected date for operation is 2010 at a cost of $64 million and noted if the pipeline were to be completed now, the current water rates would double. Ms. Simpson further stated the plan is to wait until Abilene's population increases to justify a constant need for more water. Mr. McDaniel stated 70-75% of the right-of-way for the pipeline has been acquired. Councilman Drennan questioned if additional treatment facilities would be required? Ms. Simpson stated yes, they will be, but that cost will be included in the $64 million.

In response to Councilman Drennan's question of how much water is presently in storage, Mr. Hargesheimer stated there is no raw water in storage; and that although 2l-23 million gallons remain in the treatment process, that would be absorbed in a 12-24 hour period should a water line break.

Mr. McDaniel emphasized the fact that the Council is only considering passing the Ordinance today, not implementing any of the phases curtailing the usage of water, and that at this point, it is voluntary compliance by consumers. Mayor Barr added that with the current conservation plan and the current demand remaining the same, implementation will not be necessary, citing the May water usage report.

Councilman Beckham noted we have not yet had to draw the maximum amount of water from Lake Hubbard.

Mr. McDaniel stated the City has gone on voluntary conservation for the last two months, as have the school districts and universities.

Councilwoman Alexander stated the public response she has received has been positive.

In response to Councilman Vasquez' question concerning compliance with State requirements, Ms. Simpson stated the Ordinance addresses the current drought conditions in Abilene, conforms to State requirements, and will be submitted to the State by September of 1999.

Councilman Drennan emphasized that we do have plenty of water to use, but none to waste.

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.

Councilwoman Martinez moved to approve the Ordinance to amend Chapter 32, "Utilities", Article VI, Drought Contingency Plan of the Abilene Municipal Code, as recommended by staff. Councilman Vasquez seconded the motion and the motion carried.

AYES: Councilmen Vasquez and Drennan, Councilwoman Martinez, Councilmen Beckham and Brown, Councilwoman Alexander, and Mayor Barr.

Nays: None.

The Ordinance is numbered 23-1999 and is captioned as follows:

4.8 Cassie Hughes, Building Official, briefed the Council on a Resolution approving an addition to the Swimming Pool Contractor fee schedule: annual renewal fee for inactive swimming pool contractor. The MPE/Swimming Pool Board of Appeals and staff recommend approval.

Councilman Vasquez moved to approve the Resolution approving an addition to the Swimming Pool Contractor fee schedule: annual renewal fee for inactive swimming pool contractor, as recommended. Councilwoman Martinez seconded the motion and the motion carried.

AYES: Councilmen Vasquez and Drennan, Councilwoman Martinez, Councilmen Beckham and Brown, Councilwoman Alexander, and Mayor Barr.

Nays: None.

The Resolution is numbered 18-1999 and is captioned as follows:

4.9 Jeff Armstrong, Development Services Administrator, briefed the Council on a Resolution approving a request from the Abilene Heritage Committee to add an honorary street name of Buffalo Soldiers Drive to N. 7^th Street and East North 7^th Street from Pine Street to Cockerell Drive. The Planning and Zoning Commission and staff recommend approval.

Mr. Armstrong added that the applicant pays for the signage.

Councilman Drennan asked how it would affect emergency response? Staff replied that this is just an honorary street name change with green lettering on a white background which will be added to the already existing white lettering-on-green background street sign; the official name will not change. Staff further noted all entities will be notified of the honorary street name designation.

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

Dorothy Wiseman, Chair of the Abilene Heritage Committee, gave background information on the Buffalo Soldiers, adding the project has been underwritten by the Community Foundation of Abilene.

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

Councilman Brown moved to approve the Resolution establishing Buffalo Soldiers Drive as the honorary street name designated to N. 7^th Street and East North 7^th Street from Pine Street to Cockerell Drive, as recommended. Councilwoman Martinez seconded the motion and the motion carried.

AYES: Councilmen Vasquez and Drennan, Councilwoman Martinez, Councilmen Beckham and Brown, Councilwoman Alexander, and Mayor Barr.

Nays: None.

The Resolution is numbered 19-1999 and is captioned as follows:

4.10 Jeff Armstrong, Development Services Administrator, briefed the Council on a Resolution approving a request from the Abilene Heritage Committee to add the honorary street name of Martin Luther King, Jr. Blvd. to East Highway 80 from Treadaway Blvd. to Elmdale Road. The Planning and Zoning Commission and staff recommend approval.

Mayor Barr opened a public hearing on the item, and the following individuals spoke in response to the request:

. Billy King, 1233 N. 3^rd, stated this will promote good community relations.

. Dorothy Wiseman, 1833 Pasadena Dr., stated the intent is not to divide the community, and added the project is being underwritten by the Community Foundation of Abilene.

. Stanley Anderson, 1330 N. 7^th, Apt. 2, read a May 8 Abilene Reporter-news letter to the editor he had written about George Washington Carver, and suggested East Highway 80 be named George Washington Carver Blvd.

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

In response to Council's questions concerning maintenance, replacement, and cost of signs, Mr. James Condry, Assistant Director of Public Works, stated maintenance and replacement would be the same as the current procedures for the regular signs and cost would be $3656 for both streets; $1051 for N. 7^th and $2605 for E. Hwy. 80.

Councilman Drennan stated he believes in the principle of MLK Jr. honorary street designation, but does not feel this is an appropriate street to name in honor of Mr. King. He encouraged Council to vote no to the request and encouraged the Heritage Committee to find a street for an official name change.

Councilman Brown stated he feels this an honorable effort, and has been done in cities across Texas.

Councilwoman Alexander stated it is a good idea to designate the street on which the bridge is located.

Councilwoman Martinez stated she agrees with the recommendation from the committee.

Councilman Vasquez stated he feels this is the most acceptable option.

Councilman Vasquez moved to approve the Resolution establishing Martin Luther King Jr. Blvd. as the honorary street name designated to East Highway 80 from Treadaway Blvd. to Elmdale Road. Councilwoman Martinez seconded the motion and the motion carried.

AYES: Councilman Vasquez, Councilwoman Martinez, Councilmen Beckham and Brown, Councilwoman Alexander, and Mayor Barr.

Nays: Councilman Drennan.

The Resolution is numbered 20-1999 and is captioned as follows:

Mayor Barr recessed the Council into executive session pursuant to Sections 551.071 and 551.074 of the Open Meetings Act, to seek the advice of the City Attorney with respect to pending and contemplated litigation, and to consider the appointment and evaluation of public officers.

Councilwoman Martinez left the meeting prior to executive session to attend a funeral.

The Council reconvened from executive session and reported no action taken.

Councilman Drennan moved to approve Mayor Barr's reappointments of Kathy Webster and Russell Berry, and the appointment of Ray Ferguson to the West Central Texas Municipal Water District, terms expiring May, 2001. Councilman Vasquez seconded the motion and the motion carried.

AYES: Councilmen Vasquez, Drennan, Beckham and Brown, Councilwoman Alexander, and Mayor Barr.

Nays: None.

There being no further business, the meeting adjourned at 11:30 a.m.

Debbie Hurley, Acting City Secretary

Grady Barr, Mayor