The City Council of the City of Abilene, Texas, met in a Pre-Council Work Session on October 26, 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.

City Manager Roy McDaniel distributed to the Council a letter from Judge Hamilton concerning a proposed weather modification program and Mr. McDaniel noted the City Attorney's distribution of the Resolution addressed in Item 4.2, concerning declaring a public necessity to acquire easements for the Ivie Pipeline. Mr. McDaniel then introduced Audrey Perry, Civic Center Manager, who briefed the Council on the various functions of the Civic Center, and distributed a sack of "goodies" which included a schedule of activities for the Civic Center. Mr. McDaniel addressed the areas of the Civic Center needing renovation and stressed the need for renovation due to the competitiveness that the Civic Center is faced with. Following Ms. Perry's presentation, Mr. McDaniel briefed the Council on various consent and regular agenda items. Mayor Barr stated he will remove from the Consent Agenda Item 3.3 regarding the vehicle bid in order for it to be considered separately. 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 October 26, 2000, at 9:00 a.m. in the City Council Chambers of City Hall.

Councilman Versie L. Brown, Jr. gave the invocation.

Amanda Prikryl, fifth-grader at Bonham Elementary, led the pledge of Allegiance. Amanda was accompanied by the school secretary, Linda Gilliland.

Councilman Carrillo moved to approve the minutes of the October 12, 2000 Pre-Council and Council Meeting as printed. Councilman Archibald seconded the motion and the motion carried.

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

NAYS: None.

Item 3.3 was removed from the Consent Agenda to be considered separately at the request of Mayor Barr. Councilman Brown moved to approve consent agenda items 3.1, 3.2, 3.4, and first reading of item 3.5. Councilwoman Alexander seconded the motion and the motion carried.

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

NAYS: None.

1. Oral Resolution authorizing the City Manager to enter into an agreement with Abilene Child Center Education Support Services (ACCESS) for Community Development Block Grant funding, subject to Dept. of Housing & Urban Development approval.
2. Oral Resolution authorizing an Architectural/Engineering design contract with Tippett & Gee, Engineers - Architects, Ltd. in the amount of $22,492 plus reimbursable expenses for the design of water pumping systems at railroad underpasses located on Pine Street, Butternut Street and Mockingbird Blvd.

Bid Awards

3. Vehicles for various divisions, Bid #CB1002. Removed from the Consent Agenda to be considered separately at the request of Mayor Barr.
4. Street maintenance material, Bid #CB1001. The unit prices bid was awarded as follows: Crushed Limestone Aggregate/Hot Mix, Type D/Coverstone, Type PB-4 & Type PB-3/Cold Mix, Type F to Vulcan Materials; Coverstone, Type A-3&A-5/Coverstone Type A-4/Coarse Fill Sand/Remix to R. E. Janes; Portland Cement, 4,5, &7 sack to Morris Ready Mix; Portland Cement, Type 1 to Abilene Lumber; Flexkrete to Flexkrete Technologies; CMC 200 to Crafco Texas; and AC-10 Asphalt/AC-5 Asphalt/AC-20 Asphalt/MC-3000 Asphalt/MC-30 Asphalt to Southern Asphalt & Petroleum; as recommended by staff.

5. Approval of First Reading - Ordinance amending Chapter 18, "Motor Vehicles and Traffic" of the Abilene Municipal Code.

3. David Wright, Director of Finance, briefed the Council on the award of bid item regarding vehicles for various divisions, Bid #CB1002, which was removed from the Consent Agenda to be considered separately at the Mayor's request. Staff recommends the bid be awarded to the low responsible bidders for a total amount of $691,942.20. Mayor Barr requested information concerning the need to purchase a Suburban. Mr. Wright explained all replacement vehicles are identical to the current vehicles and will replace units that are worn out and are no longer cost-effective to be maintained. Mr. Wright further explained the use of the blazers (i.e., carry and protect equipment and maps) and suburban (i.e., used in the police training field, carries equipment, etc.). Mr. Wright stated that a specific cause or need must exist before a bid is put out on a certain type of vehicle.

Mr. McDaniel emphasized the vehicles come in all different degrees of luxury, and the City's are all standard with basic equipment.

Mayor Barr thanked staff for the information and answers, stating citizens periodically ask these types of questions.

Councilwoman Alexander made a motion to approve Bid #CB1002, vehicles for various divisions, 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.

4.1 Jeff Armstrong, Assistant Director of Community Development, briefed the Council on the Ordinance considered on second and final reading - TC-04800 - Thoroughfare abandonment of the cul-de-sac radius of Bratton Court located on Bratton Court west of Lincoln Dr. The Planning & Zoning Commission and staff recommend approval subject to (1) retain the abandoned right-of-way as accessible utility easement, (2) replat the area so as to provide required public right-of-way frontage for all lots, and (3) dedicate new street right-of-way east of the proposed abandonment, and retain as a drainage easement from the new west right-of-way line of Bratton Court to Cedar Creek.

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 Archibald made a motion to approve the Ordinance for Thoroughfare abandonment of the cul-de-sac radius of Bratton Court located on Bratton Court west of Lincoln Dr., subject to the following conditions of the Plat Review Committee in a manner acceptable to staff: (1) retain the abandoned right-of-way as accessible utility easement, (2) replat the area so as to provide required public right-of-way frontage for all lots, and (3) dedicate new street right-of-way east of the proposed abandonment, and retain as a drainage easement from the new west right-of-way line of Bratton Court to Cedar Creek as recommended by the Planning & Zoning Commission and staff. Councilman Southward seconded the motion and the motion carried.

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

NAYS: None.

The Ordinance is numbered 47-2000 and is captioned as follows:

4.2 Sharon Hicks, City Attorney, briefed the Council regarding a Resolution declaring a Public Necessity to Acquire Easements for the Ivie Pipeline, and the remaining land needs as described in the attached Exhibits A, B, C, D, and E to the Resolution. Ms. Hicks stated if condemnation becomes necessary, the item would come back to Council as a second Resolution. Staff recommends approval.

Jeff Grindstaff, Land Agent, addressed issues involved in land acquisition, stating the estimated cost for the appraisal is an average of $2,000 per tract and noted land owners concerns over whether the pipeline project will go forward. Mr. Grindstaff stated the importance of addressing easement issues with landowners and the need to treat all landowners equally and fairly.

Councilman Beckham clarified that this Council has voted to proceed with this project, and landowners should be told that. Councilman Beckham stated his appreciation to Mr. Grindstaff, noting that he has a good reputation with the property owners.

Councilman Southward questioned the cost of the appraisal versus the cost of the easement, and stated his appreciation to landowners who have cooperated.

Ms. Hicks stated one landowner had questioned the authority of the City to condemn land outside the city, but she assured the Council the Local Government Code does give authority to cities to condemn land outside the City limits.

Councilman Southward made a motion to approve the Resolution declaring a Public Necessity to Acquire Easements for the Ivie Pipeline, as recommended by staff. 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 31-2000 and is captioned as follows:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ABILENE, TEXAS, DETERMINING A PUBLIC NECESSITY TO ACQUIRE CERTAIN PROPERTY; GIVING NOTICE OF AN OFFICIAL DETERMINATION TO ACQUIRE PROPERTY FOR A WATERLINE AND UTILITY EASEMENT AND USES INCIDENTAL THERETO TO LAY THE IVIE PIPELINE; ESTABLISHING PROCEDURES FOR THE ACQUISITION OF PROPERTY; AND APPROPRIATING FUNDS.

4.3 Dwayne Hargesheimer, Director of Water Utilities, briefed the Council on an Oral Resolution authorizing the City Manager to execute an agreement with the engineering firm of CH2M Hill for the design of a new water treatment plant. The total cost of work to be performed shall not exceed $1,235,000. Mr. Hargesheimer stated with the completion of the Water Treatment Feasibility Study by the engineering firm of CH2M Hill, Inc., the final design of treatment facilities is required. To reach a scheduled bid date of February 2001, plans and specifications need to be completed by January 2001. To meet this schedule staff requested the Scope of Services Council has in their agenda packets for a final design from CH2M Hill, Inc. Staff recommends approval. Mr. Hargesheimer then introduced David Lewis, Management Project Director for CH2M Hill. Mr. Lewis reviewed the scope of services, stating the final bid prices will be submitted by the second or third week in January 2001.

Councilwoman Alexander made a motion to approve by Oral Resolution authorization for the City Manager to execute an agreement with the engineering firm of CH2M Hill for the design of a new water treatment plant for a total cost not to exceed $1,235,000, as recommended by staff. Councilman Archibald seconded the motion and the motion carried.

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

NAYS: None.

4.4 Dwayne Hargesheimer, Director of Water Utilities, briefed the Council on an Oral Resolution authorizing the City Manager to execute a letter of agreement with the engineering firm of Jacob & Martin, Inc. for professional engineering services concerning the Water Distribution System and Supply Line from the South Side Water Treatment Plant, total cost not to exceed $24,500.00. Mr. Hargesheimer then introduced Billy Jacob, of Jacob & Martin. Staff recommends approval.

Councilman Southward made a motion to approve by Oral Resolution authorization for the City Manager to execute a letter of agreement with the engineering firm of Jacob & Martin, Inc. for professional engineering services, 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.

4.5 Dwayne Hargesheimer, Director of Water Utilities, briefed the Council on an Oral Resolution authorizing the City Manager to execute a letter of agreement with the engineering firm of Malcolm Pirnie, Inc. to develop an Energy Management Plan, total cost not to exceed $24,800.00. Staff recommends approval.

Councilman Carrillo made a motion to approve by Oral Resolution authorization for the City Manager to execute a letter of agreement with the engineering firm of Malcolm Pirnie, Inc. to develop an Energy Management Plan, as recommended by staff. Councilwoman Alexander seconded the motion and the motion carried.

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

NAYS: None.

5.1 Mayor Barr stated this item does not call for Council action, and asked Dwayne Hargesheimer, Director of Water Utilities, to brief the Council on current Drought and Water Issues.

Mr. Hargesheimer addressed the acre feet of water currently in Ft. Phantom as compared to the last time it was full in July of 1997. Mr. Hargesheimer continued by stating from July of 1997 to June of 2000, the water caught in Ft. Phantom was less than ever in its history, and currently it is 12.1 feet below the spillway. Mr. Hargesheimer concluded by stating if things remain as they currently are our water supply will be sufficient until next summer.

Mr. McDaniel stated that we could live comfortably with 25 million gallons of water being used per day.

Mr. Hargesheimer briefed the Council regarding the reuse system which is in place, stating the golf courses were delivered the water beginning September 5, and noted the average gallons pumped to the golf courses per day in September, but no water has been pumped since 10/12/00.

Mr. Hargesheimer stated when permits are in place, the water can be pumped into Lake Kirby and that permits could be issued as early as April or as late as June 2001. Currently there is discussion concerning expanding the reuse system to include various other entities.

Mayor Barr asked Councilman Beckham to address the proposed weather modification program.

Councilman Beckham stated currently the proposed program has been reduced from 19 counties to 8, and that it appears Taylor County is the largest participant. Councilman Beckham further stated in recognizing that we are a regional hub with a need to bind together on projects, i.e., weatherization and water and although not wanting to expose the tax base of Abilene, the fact is we do collect money from outlying areas and we do need to decide if we're going to participate in this program. Councilman Beckham concluded by stating he would like to proceed to a vote by Council on the issue in order for those involved in the program to be able to move forward.

Mr. Hargesheimer stated that although there may be some benefit from an economic development standpoint for the region, he sees no benefit to Abilene from a water supply standpoint, but he is not opposed to trying to work with the program.

Mr. Hargesheimer updated Council on the Ivie project, noting project details are being worked out and he still expects by summer of 2002, the water will be in place. Mr. Hargesheimer stated caution needs to be exercised during the bid process and the project should be expedited after the low bid is in.

Mayor Barr asked City Manager Roy McDaniel to place an update on the Ivie project on the first meeting in December's agenda.

Mr. McDaniel noted a Freese & Nichols representative is present to update Council on the pipeline design and address concerns on delays in the schedule.

Mayor Barr questioned the delay in the project, asking if it could be brought back on to schedule.

Mr. Lee Freese of Freese & Nichols, Ft. Worth, addressed the Council stating a letter had been sent addressing the delays. Mr. Freese further stated he is hopeful that the overall project will be completed on time, and that the contract would be ready to be signed in late February or early March. He is also hopeful that delivery of the water will be the same time as they originally said it would be delivered. Mr. Freese reminded Council that his company understands that they will be penalized if they don't meet the scheduling requirements.

Mayor Barr again noted concerns about Freese & Nichols being off schedule and emphasized the need to Mr. Freese for them to return to and stay on schedule, stating it is important to our citizens, and that he expects Freese & Nichols to perform accordingly.

No Council action was required.

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.

Due to a prior commitment, Councilwoman Alexander left the meeting during the executive session.

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

There being no further business, the meeting was adjourned at 11:45 a.m.

Jo Moore, City Secretary

Grady Barr, Mayor