PRE-COUNCIL WORK SESSION, THURSDAY
SEPTEMBER 14, 2000, 8:30 A.M.
CITY COUNCIL OF THE CITY OF ABILENE, TEXAS,
BASEMENT CONFERENCE ROOM, CITY HALL
The City Council of the City of Abilene, Texas, met in a Pre-Council Work Session on September 14, 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, Kris Southward, Victor Carrillo, 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, City Secretary Jo Moore, and various members of the City staff.
Mayor Barr recessed the Council into executive session pursuant to Section 551.071 of the Open Meetings Act, consultation with City Attorney, to seek the advice of the City Attorney with respect to pending and contemplated litigation.
The Council reconvened from executive session and reported no action taken.
The Council briefly discussed various consent and regular agenda items. Mr. McDaniel stated the report on Recreation Division functions scheduled for the Pre Council session would be presented at a later date. There being no further discussion, the meeting was recessed to the City Council Chambers until 9:00 a.m. for the regular Council Meeting.
REGULAR CITY COUNCIL MEETING
SEPTEMBER 14, 2000, 9:00 A.M.
CITY COUNCIL OF THE CITY OF ABILENE, TEXAS
CITY COUNCIL CHAMBERS OF CITY HALL
Mayor Barr reconvened the City Council of the City of Abilene, Texas, into Regular Session September 14, 2000, at 9:00 a.m. in the City Council Chambers of City Hall.
Councilman Kris Southward gave the invocation.
Pledge of Allegiance was led by Sidney Haynes, fifth-grader at Alta Vista Elementary. Sidney was accompanied by her principal, Mr. Brokovich.
Jo Moore, City Secretary, assisted Mayor Barr in the presentation of the Employee Service Awards as follows:
25 Years, Franklin J. Cozby III, Equipment Operator II, Refuse Collection
25 Years, William H. Warren, Firefighter, Fire Department
25 Years, Barry Mark Whitton, Fire Lieutenant, Fire Department
20 Years, Donald Rich, Police Officer, Police Department
20 Years, Ricky Carroll, Police Officer, Police Department
20 Years, Greg Ripka, Police Officer, Police Department
20 Years, Steve R. Rogers, Police Officer, Police Department
20 Years, Kelly D. Willis, Police Officer, Police Department
Mayor Barr presented a Proclamation for September as Hispanic Heritage Month.
Mayor Barr reported to the Council that at the onset (approximately six months ago) of the remodeling of the South 14th Street Albertson's grocery store, he had requested through staff that the superintendent overseeing the remodeling critique the City's Building Inspections Division. In summary of the City's electrical, mechanical, building, and plumbing inspectors, Mayor Barr quoted the superintendent as saying, "Abilene is not as hard as Austin or Fort Worth or lots of places. Abilene has average enforcement, some harder, some easier, but if anyone complained they had either not done much work or they were trying to cover up something or they were blowing smoke". Roy McDaniel, City Manager, on behalf of the Building inspection department, thanked Mayor Barr for the report.
DISPOSITION OF MINUTES
Councilman Southward moved to approve the minutes of the August 24, 2000 Pre-Council and Council Meeting as printed. Councilwoman Alexander seconded the motion and the motion carried.
AYES: Councilmen Archibald, Southward, Carrillo, Beckham, Brown, Councilwoman Alexander, and Mayor Barr.
NAYS: None.
Following the approval of the August 24, 2000 Council minutes, the following statements were made by Council concerning agenda item 4.6 of those minutes, Z-03500 - rezone from SC, LC & AO (Shopping Center, Limited Commercial & Agricultural Open Space) to PDD (Planned Development) zoning district property located in the 5300 block of Buffalo Gap Road:
Councilwoman Alexander: "Mayor Barr, I would like to say that I recognize that we just approved the minutes that included a very complex PDD with many components. I anticipate that when the grocery store begins their site plan that they may want to request some alternatives or changes to those plans. I'm willing to consider those and work any way that I can to make that as easy as possible for them."
Councilman Beckham: "Mayor, there were some different interpretations of the minutes on item 4.6. For the record, I do not fully agree with the boundaries of the fence as submitted by staff. I'm also concerned about the burdensome cost of materials, however, in a spirit of moving this project forward, I voted in the affirmative with the full expectation that we will be addressing an amendment to this PDD."
Mayor Barr: "I agree there may be changes and alterations the developer may want to present. I want the developer to know that Abilene is pro-development and the City will consider any reasonable request to assist the development of this project."
CONSENT AGENDA
Councilman Brown moved to approve consent agenda items 3.1 through 3.4 and first reading of items 3.5 through 3.10. Councilman Carrillo seconded the motion and the motion carried.
AYES: Councilmen Archibald, Southward (abstaining on 3.5 and 3.6 only), Carrillo, Beckham, Brown, Councilwoman Alexander, and Mayor Barr.
NAYS: None.
ABSTAIN: Councilman Southward on 3.5 and 3.6 due to his membership at the University Church of Christ.
Resolutions
The Resolution is numbered 26-2000 and is captioned as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ABILENE, TEXAS, AMENDING THE LANDFILL AGREEMENT.
Award of Bids
Ordinances
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.
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.
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.
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.
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.
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.
REGULAR AGENDA
Public Appearance:
4.1 Charlie Dromgoole, President of the Abilene Chamber of Commerce, introduced the presentation. Mr. Dromgoole explained the Abilene Convention and Visitors Bureau and Abilene Cultural Affairs Council are affiliates of the Chamber of Commerce and both receive funds through the Chamber of Commerce's contract with the City for the management of a portion of the hotel/motel occupancy tax. Mr. Dromgoole briefed the Council on the history of the hotel/motel tax, the distribution of the funds from the tax, and requirements for expenditure of those funds. Mr. Dromgoole introduced Executive Director of the Abilene Convention and Visitors Bureau Nancy Liles and Manager of the Cultural Affairs Council Lynn Barnett, who presented the activities of their respective organizations. Woody Gilliland, Chair-elect of the Chamber of Commerce, closed the presentation with a perspective of the value of the expenditures to the Abilene community.
No Council action was required.
4.2 Presentation by Larry Zastrow, 826 Chanticleers Dr., spokesperson for Abilene Citizens for Safe Drinking Water, concerning Council calling an election to add fluoride to City's water supply. Mr. Zastrow briefed the Council on the background of the Ordinance approved by Abilene voters in 1964 that prohibited added fluoride to the City's water supply and on the origin of fluoride. Mr. Zastrow noted the studies that have been done that question the safety of fluoride. Mr. Zastrow asked Council to err to the side of safety and give local health authorities time to review these studies. Mr. Zastrow distributed a handout (transcribed from Chemical Engineering News 4/27/98) and then requested Council table the item calling an election on adding fluoride to the water.
No Council action was required.
4.3 Sharon Hicks, City Attorney, briefed the Council on a Resolution calling a special election in conjunction with the General Election for November 7, 2000 to add fluoride to the City of Abilene's water supply and approving a contract for Election Services with Taylor County Elections Office.
Councilman Beckham moved to approve the Resolution calling a special election for November 7, 2000 to add fluoride to the City of Abilene's water supply and approving a contract for Election Services with Taylor County Elections Office. Council noted this item has been discussed for a year and that putting it in the hands of the voters is where the issue needs to be as shown by the citizens response to the survey indicating their desire to vote on the issue. Council stated appreciation to Mr. Zastrow for his presentation and for the time he spent on research and encouraged him to continue to provide the City with information. Councilman Archibald seconded the motion and the motion carried.
AYES: Councilmen Archibald, Southward, Carrillo, Beckham, Brown, Councilwoman Alexander, and Mayor Barr.
NAYS: None.
The Resolution is numbered 27-2000 and is captioned as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ABILENE, TEXAS, ORDERING A SPECIAL ELECTION TO BE HELD IN SAID CITY ON NOVEMBER 7, 2000 IN CONJUNCTION WITH TAYLOR COUNTY'S GENERAL ELECTION PLACING ON THE BALLOT FOR APPROVAL OR DISAPPROVAL THE ADDING OF FLUORIDE TO THE CITY OF ABILENE WATER SUPPLY AND THEREBY RECOMMENDING REPEAL OF 1964 ORDINANCE NO. 127.
4.4 Michael Morrison, Assistant City Manager, introduced the presentations on the various water initiative items and noted staff would be recommending at the end of the presentations that Council approve a contract between Abilene and the City of Hamlin for Hamlin to purchase treated water from the City of Abilene and the approval of a $20,000 payment to the West Central Texas Municipal Water District for use to secure option on land in Jones County to explore water supply opportunities from the Seymour Aquifer. Mr. Morrison briefed Council on the history of the City and Region's water planning, noting that next week the Region G Planning group will vote to approve the water plan for the area that includes Abilene and Taylor County. In addressing the possible availability of water from Possum Kingdom, Mr. Morrison noted several major elements and obstacles involved in making use of that water. Although Abilene won't need the water from Possum Kingdom for several decades, the City is very interested in the possible use of available water from Possum Kingdom, and has submitted a request to the Brazos River Authority for up to 20,000-acre feet of water per year from Possum Kingdom, should that amount of water become available.
No Council action was required.
Dwayne Hargesheimer, Director of Water Utilities, briefed the Council on the effluent reuse project update, stating as of September 5, the system was fully operational and in place. S. J. Lewis, the contractor, did reach his goal for a $50,000 incentive bonus. HHH is laying the force main and staff is working on resolving some problems and issues with them. Mr. Hargesheimer concluded by stating the people associated with the golf courses are excited to be able to use the water now available to them.
No Council action was required.
Mr. Hargesheimer then reported on the status of the O. H. Ivie project, noting the final design phase is still underway and should be complete by mid December. Mr. Hargesheimer further noted some right of way issues are still being resolved.
Councilman Beckham questioned the fact that he had been told earlier all right of ways had been bought and completed.
Mr. McDaniel explained what has been done to date and the issues that need to be resolved concerning the right of ways.
Mayor Barr emphasized being and staying on schedule, and asked that the size of the treatment plant recommendation be made at a later date.
Mr. Hargesheimer stated that by summer of 2002, Ivie water will be available.
No Council action was required.
Dwayne Hargesheimer, Director Water Utilities, briefed the Council on a request authorizing the City Manager, by Oral Resolution, to execute a Water Treatment Contract with the City of Hamlin to sell and provide treated water for municipal purposes from January 1, 2001 through December 31, 2041. In April 1999, the City of Abilene formally received a request from the City of Hamlin to purchase treated water from the City of Abilene. The yearly amount would not exceed 250,000,000 gallons. Since then, Hamlin has entered into a contract with the City of Anson to purchase raw water from Anson's water in Hubbard Creek Reservoir. Hamlin will construct its own pumping facilities and pipeline. A Water Treatment Contract is being proposed for Abilene to treat the water for Hamlin. The Contract will be effective for a period of 40 years, from January 1, 2001 through December 31, 2041. The City Council will have the right to revise the rate schedule from time to time to cover all reasonable, actual and expected costs of water treatment operations. The City of Hamlin has agreed to pay the City of Abilene the rate of $0.40 per 1,000 gallons for treated water. Staff recommends approval.
Councilman Beckham moved to authorize the City Manager, by Oral Resolution, to execute a Water Treatment Contract with the City of Hamlin to sell and provide treated water for municipal purposes from January 1, 2001 through December 31, 2041, as recommended by staff. Councilman Brown seconded the motion and the motion carried.
AYES: Councilmen Archibald, Southward, Carrillo, Beckham, Brown, Councilwoman Alexander, and Mayor Barr.
NAYS: None.
David Bell, General Manager of West Central Texas Municipal Water District, briefed the Council on the request for Council approval of a $20,000 payment to West Central Texas Municipal Water District for use to secure an option on land in Jones County to explore water supply opportunities from the Seymour Aquifer. Mr. Bell then distributed and reviewed three handouts: Aquifer Storage in Jones County concerning, technology, funding, administration, and the need to avoid overpumping; Seymour Aquifer Storage and Recovery cross-section; and Jones County Aquifer Storage Project location of test property.
Due to a prior commitment, Councilwoman Alexander left the meeting at 11:20 a.m.
Following Mr. Bell's presentation, Councilman Southward made a motion to approve a $20,000 payment to West Central Texas Municipal Water District for use to secure an option on land in Jones County to explore water supply opportunities from the Seymour Aquifer. Councilman Archibald seconded the motion and the motion carried.
AYES: Councilmen Archibald, Southward, Carrillo, Beckham, Brown, and Mayor Barr.
NAYS: None.
Taylor County Judge Lee Hamilton introduced the proposed weather modification program, stating the drought is not the reason cloud seeding is being considered, but the reason is that west central Texas doesn't receive enough rainfall. Judge Hamilton then introduced George Bomar, cloud seeding expert and state meteorologist with the Texas Natural Resource Conservation Commission. Mr. Bomar briefed the Council on regulating the use of cloud seeding, previous research, rain enhancement technology, and the current use of cloud seeding in Texas, and also reviewed recent cloud seeding research in West Texas.
Councilman Carrillo requested from Mr. Bomar copies of the rainfall studies.
Mr. Bomar responded to Council questions including how cloud seeding could benefit Abilene and how it is controlled.
Following Mr. Bomar's presentation, Judge Hamilton reviewed the total cost allocation factors based on acreage, retail sales, and population, and indicated that four counties have passed Resolutions to participate. Judge Hamilton stated that Taylor County has approved a resolution supporting implementation of a cloud seeding program, has budgeted to cover approximately 1/3 ($80,000) of the costs allocated. Judge Hamilton then requested the City of Abilene also commit to fund 1/3 of the cost of the program.
Mayor Barr stated appreciation for the information, then stated further study and consideration needs to be given to unanswered questions.
Judge Hamilton stated the committee is open-minded and if Abilene has any specific request to look at, they'll be glad to do that. Judge Hamilton noted mid spring is the best time to implement a cloud seed program.
Councilman Beckham stated he would want a 100% guarantee of other counties participation before he committed Abilene.
Judge Hamilton noted in the area of participation the committee has decided a "Swiss cheese" configuration throughout the counties cannot occur.
Mayor Barr stated the issue will be taken under advisement for further study.
Other Business
There being no further business, 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, and 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.
There being no further business, the meeting was adjourned at 1:05 p.m.
Jo Moore, City Secretary
Grady Barr, Mayor