The City Council of the City of Abilene, Texas, met in a Pre-Council Work Session on May 25, 2000, at 8:30 a.m. in the Basement Conference Room of City Hall. Mayor Grady Barr was present and presiding with Councilmen Norm Archibald, A. Don Drennan, Rob Beckham, Versie L. Brown, Jr., and Councilwoman Kay Alexander. Also present were City Manager Roy L. McDaniel, Assistant City Manager Michael 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. 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 25, 2000, at 9:00 a.m. in the Council Chambers of City Hall.

Councilwoman Kay Alexander gave the invocation.

Pledge of Allegiance was led by Brittany Newton, Fourth Grader at Allie Ward Elementary. Brittany's mother, Georgi Brooks-Newton, Refuse Supervisor for the City Of Abilene and Brittany's teacher, Mrs. Russell, were also present.

Mayor Barr, assisted by Councilwoman Kay Alexander, presented a certificate of appreciation and gifts to former Councilman Paul Vasquez for his 10 years service on the City Council. Councilman Vasquez thanked Mayor Barr, Council, and staff for working with him over the past 10 years; stating he felt he had accomplished what he set out to do.

There being no corrections, additions, or deletions to the minutes of the Pre-Council Session and Regular City Council Meeting held May 11, 2000, Councilman Beckham moved to approve the minutes as printed. Councilman Brown seconded the motion and the motion carried.

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

NAYS: None.

Councilman Drennan moved to approve consent agenda items 3.1 through 3.3, 3.5, 3.6, and approval of first reading of Item 3.4, as recommended by the staff. Councilman Archibald seconded the motion and the motion carried.

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

NAYS: None.

1. Oral Resolution approving an Election Services contract with the Taylor County Elections Administrator for June 3, 2000 runoff elections.
2. Resolution appointing election officials for the June 3, 2000 City Runoff Elections, and fixing their rate of compensation.

The Resolution is numbered 16-2000 and is captioned as follows:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ABILENE, TEXAS, APPOINTING VARIOUS ELECTION OFFICIALS FOR THE JUNE 3, 2000 CITY GENERAL AND SPECIAL RUN OFF ELECTIONS, AND FIXING THEIR RATE OF COMPENSATION.

3. Oral Resolution approving an Interlocal agreement for FY2000 between the sponsoring agencies of the Abilene Regional MH/MR Center.

5. Outfront mowers for Parks Division, Bid #CB0036. The bid was awarded to Abilene Farm Supply, the low responsible bidder, in the amount of $34,233.00, as recommended by staff.

4.1 Sharon Hicks, City Attorney, briefed the Council on a request by the owners of lands within the proposed boundaries of the proposed Lytle Lake Water Control & Improvement District to create the district under Chapter 55, Texas Water Code. Staff recommends approval of the Resolution subject to the original conditions as follows: 1) The City will retain final authority over drainage plans and flood control issues relating to the district, specifically for the lake and contiguous surrounding area; 2) The City will be named as additional insured on any insurance that the district carries; 3) The district will indemnify and hold harmless the City for any and all claims relating to the district and lake including the dam and its condition. The district shall maintain the dam at all times; 4) No debt will be issued without consent of the City of Abilene and the City of Abilene shall have no obligation relating to any repayment of outstanding debt; 5) The district cannot re-plat or change its boundaries without the consent of the City of Abilene; and 6) The district will only use the lake for recreational purposes and to assist the district residents with landscape irrigation and no water will be used or sold for residents outside the district. Ms. Hicks stated if the City Council and Taylor County give their consent, the residents will hold an election to determine final creation and taxing authority amount. Any amount of taxation implemented would be in addition to the current city, county and school district taxes.

Councilman Brown moved to approve the Resolution authorizing the creation of the Lytle Lake Utility District, with the following conditions as recommended by staff: 1) The City will retain final authority over drainage plans and flood control issues relating to the district, specifically for the lake and contiguous surrounding area; 2) The City will be named as additional insured on any insurance that the district carries; 3) The district will indemnify and hold harmless the City for any and all claims relating to the district and lake including the dam and its condition. The district shall maintain the dam at all times; 4) No debt will be issued without consent of the City of Abilene and the City of Abilene shall have no obligation relating to any repayment of outstanding debt; 5) The district cannot re-plat or change its boundaries without the consent of the City of Abilene; and 6) The district will only use the lake for recreational purposes and to assist the district residents with landscape irrigation and no water will be used or sold for residents outside the district. Councilman Beckham seconded the motion and the motion carried.

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

Nays: None.

The Resolution is numbered 17-2000 and is captioned as follows:

2. Dwayne Hargesheimer, Director of Water Utilities, briefed the Council on an Oral Resolution approving an addition of incentives to the contract with S. J. Louis Construction Company to expedite the wastewater reuse project. Staff has made a final offer to the contractor that includes a $50,000 bonus to substantially complete (water available) the project by September 1, 2000 and a $500.00 per day bonus for each day prior to August 31, 2000. The notice to proceed would be dated May 11, 2000. No delay penalties would be applied for the first 210 days of the construction period.

Councilman Beckham moved by Oral Resolution to authorize the City Manager to include the above stipulated bonuses as part of the contract with S. J. Louis Construction Company to expedite the wastewater reuse project, as recommended. Councilman Brown seconded the motion and the motion carried.

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

Nays: None.

4.3 Sharon Hicks, City Attorney, briefed the Council on an Oral Resolution approving a rate increase request from Rural Metro Ambulance. Staff recommends approval.

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

• Bob Riley, Chief Operations Licensing Officer for Rural Metro.

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

Mr. Riley addressed the rumors that Rural Metro is leaving Texas, stating that there has been restructuring in the organization due to an inability to collect in some areas; that four large non-emergency markets in Texas will shut down, but emergency services will not be affected and that Rural Metro has no plans to leave Abilene.

Mr. McDaniel emphasized the fact that in the past the local private provider was subsidized, but Medicare pays more for unsubsidized service. Mr. McDaniel further stated Abilene has a franchise agreement only and anyone who wishes has the opportunity to make application to provide emergency services in Abilene.

Councilwoman Alexander moved to approve by Oral Resolution the rate increase per Rural Metro Ambulance's request, as recommended by staff. Councilman Archibald seconded the motion and the motion carried.

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

Nays: None.

4. James Condry, Interim Director of Public Works, briefed the Council on an Oral Resolution approving an application for a permit from Schkade Brothers Operating Company to drill and operate an oil & gas well within the city limits. 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 Drennan moved to approve by Oral Resolution an application for a permit from Schkade Brothers Operating Company to drill and operate an oil & gas well within the city limits and authorize the City Manager to execute Permit No. 9601, as recommended by staff. Councilwoman Alexander seconded the motion and the motion carried.

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

Nays: None.

4.5 James Condry, Interim Director of Public Works, briefed the Council on an Ordinance considered on second and final reading amending Chapter 18, "Motor Vehicles and Traffic" Section 18-6, "Fines and Fees" of the Abilene Municipal Code. The purpose of the increase in fines is to serve as a deterrent to parking violations, especially for regular violators. 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 Beckham moved to table the Ordinance amending Chapter 18, "Motor Vehicles and Traffic" Section 18-6, "Fines and Fees" of the Abilene Municipal Code, until staff could provide a 90-day report of the data after the marketing of the program has begun. The motion died for lack of a second.

Councilman Drennan moved to approve the Ordinance amending Chapter 18, "Motor Vehicles and Traffic" Section 18-6, "Fines and Fees" of the Abilene Municipal Code, as recommended by staff. Councilman Brown seconded the motion and the motion carried.

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

Nays: Councilman Beckham.

The Ordinance is numbered 18-2000 and is captioned as follows:

4.6 Jeff Armstrong, Assistant Director of Community Development, briefed the Council on an Ordinance considered on second and final reading - SNC-02000 - Ordinance to name an unnamed east-west street located east from Elmdale Road to the city limits to the name of Pet Haven Road. The Plat Review Committee and Planning and Zoning Commission recommend approval, staff recommends denial based on the fact that it may not be appropriate to choose one business name over another.

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 to name an unnamed east-west street located east from Elmdale Road to the city limits to the name of Pet Haven Road, as recommended by the Plat Review Committee and Planning and Zoning Commission. Councilman Archibald seconded the motion and the motion carried.

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

Nays: None.

The Ordinance is numbered 19-2000 and is captioned as follows:

4.7 Jeff Armstrong, Assistant Director of Community Development, briefed the Council on an Ordinance considered on second and final reading - Z-01800 - Rezone from AO (Agricultural Open Space) to PDD (Planned Development) zoning district located at 8851 FM 600. 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:

• Rick McDonald, CPA for Tige Boats, requested the item be tabled if there are any questions or concerns on the issue due to the fact that Mr. Pidgeon, the President of the company has been detained out of town and was unable to attend this morning's meeting.
• Dale Meador, 9135 West Lake Road, stated he has a home adjacent to the property and is against the request because of increased traffic, and the volatile nature of the chemicals used, as well as the potential for water supply contamination.
• Carla Meador, 9135 West Lake Road, is against the request, stating she has lived there 5-1/2 years, and read a statement which reiterated her husband's concerns. Ms. Meador stated the nearest fire hydrant is 4 miles away.
• Melba Burks, 902 Colley Road, is against the request, stating she has lived in the area for 34 years and wants to live in the country, not an Industrial Park. Ms. Burks stated her mother has emphysema, and after visiting with Mr. Pidgeon in his office for 30 minutes she was having breathing difficulties.

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

Following discussion, Councilman Beckham moved to table the request to rezone from Agricultural Open Space to Planned Development zoning district property located at 8851 FM 600, as requested by the proponent. Councilwoman Alexander seconded the motion and the motion carried.

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

Nays: None.

4.8 Jeff Armstrong, Assistant Director of Community Development, briefed the Council on an Ordinance considered on second and final reading - Z-02100 - Rezone from RS-6 (Residential Single Family) to RM-3 (Residential Multi-Family) zoning district located at Patty Lynne & Bruce Drive. 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:

• Mary Brooks, 23 Muirfield, owner of the property, stated it will be an improvement for the area.
• Leisha Adams, 11585 Private Road 2286, was concerned about entrances off of Rebecca Lane.

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

Councilwoman Alexander moved to approve the Ordinance to rezone from Residential Single Family to Residential Multi-Family zoning district located at Patty Lynne & Bruce Drive, as recommended by the Planning and Zoning Commission and staff. Councilman Brown seconded the motion and the motion carried.

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

Nays: None.

The Ordinance is numbered 20-2000 and is captioned as follows:

4.9 Jeff Armstrong, Assistant Director of Community Development, briefed the Council on an Ordinance considered on second and final reading - SNC-02300 - Ordinance to name an unnamed east-west street located east from East Lake Road to the city limits to the name of Hamby School Road. 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 to name an unnamed east-west street located east from East Lake Road to the city limits to the name of Hamby School Road, as recommended by the Planning and Zoning Commission and staff. Councilman Drennan seconded the motion and the motion carried.

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

Nays: None.

The Ordinance is numbered 21-2000 and is captioned as follows:

4.10 Jeff Armstrong, Assistant Director of Community Development, briefed the Council on an Ordinance considered on second and final reading - TC-02400 - Thoroughfare abandonments of (1) Rye Street between Rose and Maple Streets and (2) a 20' north-south alley from South 8^th to South 10^th between Rose and Maple. The Plat Review Committee, Planning & Zoning Commission, and staff recommend approval SUBJECT TO 1) retaining the entire length and width of the alley as an accessible utility easement, and 2) any relocation of utility lines or facilities at proponent's expense.

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 Drennan moved to approve the Ordinance for thoroughfare abandonments of (1) Rye Street between Rose and Maple Streets and (2) a 20' north-south alley from South 8^th to South 10^th between Rose and Maple SUBJECT TO 1) retaining the entire length and width of the alley as an accessible utility easement, and 2) any relocation of utility lines or facilities at proponent's expense, as recommended by the Plat Review Committee, Planning & Zoning Commission, and staff. Councilwoman Alexander seconded the motion and the motion carried.

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

Nays: None.

The Ordinance is numbered 22-2000 and is captioned as follows:

4.11 Jeff Armstrong, Assistant Director of Community Development, briefed the Council on an Ordinance considered on second and final reading - TC-02500 - Thoroughfare abandonments of (1) China Street north of South 2^nd Street, (2) a 20' east-west alley in Block 97, Original Town, (3) a 20' north-south alley in Block 97, Original Town, (4) Willow Street north of South 2^nd, (5) a 20' east-west alley in Block 62, Original Town, (6) a 20' north-south alley in Block 62, Original Town, (7) Cherry Street from South 1^st south a distance of 130', and (8) South 2^nd from the east right-of-way line of Willow Street to the west right-of-way line of S. Treadaway Boulevard. The Plat Review Committee, Planning & Zoning Commission, and staff recommend approval SUBJECT TO 1) retaining the entire length and width of the east-west alleys in Blocks 62 and 97, Original Town as accessible utility easements, and 2) any lots that would be landlocked be replatted.

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 Alexander moved to approve the thoroughfare abandonments of (1) China Street north of South 2^nd Street, (2) a 20' east-west alley in Block 97, Original Town, (3) a 20' north-south alley in Block 97, Original Town, (4) Willow Street north of South 2^nd, (5) a 20' east-west alley in Block 62, Original Town, (6) a 20' north-south alley in Block 62, Original Town, (7) Cherry Street from South 1^st south a distance of 130', and (8) South 2^nd from the east right-of-way line of Willow Street to the west right-of-way line of S. Treadaway Boulevard SUBJECT TO 1) retaining the entire length and width of the east-west alleys in Blocks 62 and 97, Original Town as accessible utility easements, and 2) any lots that would be landlocked be replatted, as recommended by the Plat Review Committee, Planning & Zoning Commission, and staff. Councilman Archibald seconded the motion and the motion carried.

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

Nays: None.

The Ordinance is numbered 23-2000 and is captioned as follows:

Mayor Barr recessed the Council into executive session pursuant to Sections 551.071, 551.072, and 551.074 of the Open Meetings Act, to seek the advice of the City Attorney with respect to pending and contemplated litigation, to consider the purchase, exchange, lease, or value of real property, and to consider the appointment and evaluation of public officers.

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

Councilman Drennan stated his appreciation to Council, staff, his wife, and the media for their respective roles during his tenure on the Council; stating he will be out of the country for the next Council meeting.

Mayor Barr expressed his appreciation in working with Councilman Drennan.

There being no further business, the meeting adjourned at 12:30 p.m.

Debbie Hurley, Acting City Secretary

Grady Barr, Mayor