The City Council of the City of Abilene, Texas, met in a Pre-Council Work Session on November 9, 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 G. Carrillo, Rob Beckham, and Versie L. Brown, Jr. 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. Councilwoman Kay Alexander was absent.

City Manager Roy McDaniel introduced Larry Johnson, Health Division Superintendent, who briefed the Council on the various functions of the Abilene/Taylor County Public Health District. Mr. McDaniel noted a better health facility is needed. Councilman Archibald stated the partnerships we have help make treating the many needs of our citizens possible; and access to health care is of primary importance. Following Mr. Johnson's presentation, Mr. McDaniel briefed the Council on various Consent and Regular Agenda items. Item 3.8, Z-05400 - Amend PDD 45 to allow storage buildings on Units 6 & 7, remainder of Lot 401, Block 2, Frenchman's Creek Addition was tabled by the Planning and Zoning Commission at the proponents request and will therefore be removed from today's agenda. Item 3.9, Z-05500 - Rezone from AO (Agriculture Open Space) to LI (Light Industrial) zoning district has been changed from Light Industrial to General Commercial zoning. Councilman Carrillo stated organizers of the Festival of the Americas have stated they never received grant funding, and Councilman Carrillo asked if there were others that have not received funding? Staff will provide Council a status report concerning the funding. 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 November 9, 2000, at 9:00 a.m. in the City Council Chambers of City Hall.

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

Pledge of Allegiance was led by Alejandre Martinez, fifth-grader at Bowie Elementary. The school's assistant principal, Beverly Starnes accompanied Alejandre.

Jo Moore, City Secretary, assisted Mayor Barr in the presentation of the following Employee Service Award:

20 Years, Harry "Corky" Wheeler, Equipment Operator II, Street Division

Mayor Barr presented a Proclamation for November 12-18 as "Youth Appreciation Week".

Councilman Southward moved to approve the minutes of the October 26, 2000, Pre-Council and Council Meeting as printed. Councilman Brown seconded the motion and the motion carried.

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

NAYS: None.

Councilman Beckham moved to approve consent agenda items 3.1 through 3.4 and first reading of items 3.5 through 3.7, 3.9, and 3.10. Item 3.8 was removed from the Council Agenda due to it being tabled by the Planning and Zoning Commission at the proponent's request. Item 3.9 zoning request was changed from Light Industrial to General Commercial zoning. Councilman Archibald seconded the motion and the motion carried.

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

NAYS: None.

1. Oral Resolution authorizing $34,000 of TIF funds to the Abilene Cultural Affairs Council for 2000/2001 Cultural Incentive Programming.

Award of Bids

2. Detention pond between South 32^nd and South 36^th Streets, Bid #CB1006. The bid was awarded to Contract Paving Company of Tye, Texas for the unit prices bid with an estimated construction cost of $169,337.64 as recommended by staff.
3. Picnic shelters for Lake Kirby & Scarborough Parks, Bid #CB1007. The bid was awarded to Don Faulkner Construction Co. in the amount of $101,510, as recommended by staff.

Ordinances

4. Approval of second and final reading - Ordinance amending Chapter 18, "Motor Vehicles and Traffic" of the Abilene Municipal Code.

The Ordinance is numbered 48-2000 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.

5. Approval of first reading - TC-05100 - Thoroughfare abandonment of the east 15' of Cypress Street adjacent to Lots 1 & 2, Mrs. M. E. Wellborn's Subdivision, located at Vogel and Cypress Streets, and set a public hearing for November 30, 2000 at 9:00 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.

6. Approval of first reading: Z-05200 - Rezone from CU & RM-3 (College-University & Residential Multi-Family) to RM-2 (Residential Multi-Family) zoning district, property located in the 2200 block of South 18^th Street, and set a public hearing for November 30, 2000 at 9:00 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.

7. Approval of first reading - Z-05300 - Rezone from RS-6 (Residential Single Family) to MH (Mobile Home) zoning district, property located on Castle Drive south of Formosa Street, and set a public hearing for November 30, 2000 at 9:00 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.

8. Z-05400 - Amend PDD 45 to allow storage buildings on Units 6 & 7, remainder of Lot 401, Block 2, Frenchman's Creek Addition, and set a public hearing for November 30, 2000 at 9:00 a.m. This item was tabled by the Planning and Zoning Commission at the proponent's request, and removed from today's Council agenda.
9. Approval of first reading - Z-05500 - Rezone from AO (Agricultural Open Space) to GC (General Commercial) zoning district, property located at 2717 Maple Street, and set a public hearing for November 30, 2000 at 9:00 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.

10. Approval of first reading - Ordinance amending Abilene City Code Chapter 15, "Lakes", Article III, "Lake Abilene and Lake Kirby", Section 15-73, "Prohibited Areas", and set a public hearing for November 30, 2000 at 9:00 a.m.

4.1 Richard Gertson, Director of Community Development, briefed the Council on an Oral Resolution authorizing the City Manager to enter into an agreement with the Council for Urban Economic Development (CUED) for strategic planning services to assist the Community Development Task Force recently appointed by Mayor Barr to evaluate our economic and community development efforts and prepare a strategic plan of action for the future. The contract with CUED will cost $48,500, including expenses, and is proposed to be paid from the following sources: $28,700 from Community Development Block Grant planning funds, $15,000 from the Development Corporation of Abilene, and $4,800 from Tax Increment Financing. Staff recommends approval.

Following Council discussion, Councilman Brown made a motion to authorize the City Manager, by Oral Resolution, to enter into an agreement with the Council for Urban Economic Development for strategic planning services, as recommended by staff. Councilman Southward seconded the motion and the motion carried.

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

NAYS: None.

4.2 Dwayne Hargesheimer, Director of Water Utilities, briefed the Council concerning an Oral Resolution approving a Proposed Weather Modification Program. Mr. Hargesheimer stated if Council supports the request, the Water Utility Department would fund the program.

City Manager Roy McDaniel stated an increase in the water rates at one cent per 1,000 gallons would fund the program that would cost $67,500 a year for a minimum of four years.

Council's discussion included the possible economic benefit of the program region-wide, the program complementing other water management plans, the long-term commitment and the significant amount of money involved in the program.

Taylor County Judge Lee Hamilton stated a revised request would be presented today and that the presentation would show that cloud seeding helps reservoirs and lakes. Judge Hamilton introduced County Commissioner Stan Egger, Regional Environmental Coordinator for American Electric Power John Flood, and Syd Niblo.

Mr. Floor distributed a handout and presented facts about cloud seeding that have been uncovered during the last year.

Council further discussed the positives and negatives of the program. Mayor Barr thanked Charlie Jordan for his letter in support of the program and asked Mr. Niblo to comment on the program.

Syd Niblo, 1142 Sylvan, stated there are people that are sold on the program and that he also supports it.

Judge Hamilton assured the Council if even one county drops out of the program then it would be brought back to Council for reconsideration.

Councilman Southward made a motion to approve by oral resolution authorizing the City Manager to enter into a Regional Agreement for A Weather Modification Program subject to full participation by the eight counties or eight funding authorities and that the proceeds and any potential liquidation would be allocated on a pro-rated basis according to how much was put in by the different organizations. Funding of the program would come from the water utility budget and all stated conditions would be reflected in a written agreement. Councilman Carrillo seconded the motion and the motion carried.

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

NAYS: None.

4.3 Ronnie Kidd, Information Technology Director and Scott Payne, Risk Manager, reported to Council on the damage to City facilities and equipment as a result of the heavy rainfall Abilene experienced on October 17, 2000.

An outline of the sustained damage, repairs that have been made and a portion of the cost involved including ratifying the emergency purchases for the cabling and network equipment was presented.

Mayor Barr gave an assessment of the roof damage to City Hall, stating in three to six years a new roof will be needed, which could cost around $150,000 if brought up to standard.

City Attorney Sharon Hicks explained provisions in the Local Government Code that authorized the emergency purchases.

Councilman Archibald moved to ratify the emergency purchases for the cabling and network equipment as outlined and recommended by staff. Councilman Southward seconded the motion and the motion carried.

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

NAYS: None.

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.

5.1 Councilman Archibald moved to approve Mayor Barr's following appointments to the Community Development Task Force: Chair of the Task Force Ray Ferguson. Chair of the Dyess Air Force Base Subcommittee Celia Davis and members Fred Lee Hughes, Rob Barnhill and Jeff Luther. Chair of the City Services Subcommittee Kathy Webster and members Joe Crawford, Mike Denny, Loren Henson and Ray Sisneros. Chair of the Transportation & Tourism Subcommittee Nicki Harle and members James Elam, Ross Jones, Robert Pollan and Brandon Polk. Chair of the Investment Subcommittee George Nichols and members Kirk Thaxton, Jackie Hamilton, Ovelia Campos, and Ken Burgess Sr. Chair of the Resources Subcommittee Dee Moore and members Rhonda Bolt, and Don Harrison. Councilman Southward seconded the motion and the motion carried.

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

NAYS: None.

5.4 City Attorney Sharon Hicks briefed the Council on her recommendation to hire a new Assistant City Attorney 1. Councilman Brown moved to approve by Oral Resolution the hiring of Asem Eltiar beginning at the pay scale salary for an Assistant City Attorney 1, effective November 21, 2000, as recommended by City Attorney Sharon Hicks. Councilman Beckham seconded the motion and the motion carried.

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

NAYS: None.

There being no further business, the meeting was adjourned at 1:45 p.m.

Jo Moore, City Secretary

Grady Barr, Mayor