The City Council of the City of Abilene, Texas, met in a Pre-Council Work Session on November 30, 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, Victor G. 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. Councilman Kris Southward was absent.

City Manager Roy McDaniel introduced Walter Graham, Senior Citizens Supervisor, who briefed the Council on the various functions of the Senior Citizens Division. Following Mr. Graham's presentation, Mr. McDaniel briefed the Council on various consent and regular agenda items. Mr. McDaniel then introduced Odis Dolton, the new Assistant Director of Human Resource Services. 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 30, 2000, at 9:00 a.m. in the City Council Chambers of City Hall.

Councilwoman Kay Alexander gave the invocation.

La Tisha Quesada and Merrilee Bradford, Kindergartners at College Heights Elementary, led the pledge of Allegiance. La Tisha and Merrilee were accompanied by their school Principal, Mr. Torres.

Councilman Carrillo moved to approve the minutes of the November 9, 2000 Pre-Council and Council Meeting and November 10, 2000 Special Council Meeting as printed. Councilman Brown seconded the motion and the motion carried.

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

NAYS: None.

Councilwoman Alexander moved to approve consent agenda items 3.1 and 3.2, and first reading of item 3.3. Councilman Archibald seconded the motion and the motion carried.

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

NAYS: None.

1. Resolution revising Resolution #21-2000 adopted July 18, 2000, Schedule of Rates and Charges for the Refuse Collection Division.

The Resolution is numbered 33-2000 and is captioned as follows:

A RESOLUTION OF THE CITY OF ABILENE, TEXAS, REVISING RESOLUTION NO. 21-2000, THE SCHEDULE OF RATES AND CHARGES FOR THE REFUSE COLLECTION DIVISION, ADOPTED JULY 18, 2000.

Bid Awards

2. Skid-Steer Loaders, Bid #CB-0062. The bid was awarded to Abilene New Holland, the low responsible bidder in the amount of $58,518.00, as recommended by staff.

Ordinances

3. Approval of First Reading - Ordinance repealing 1964 Ordinance #127 and authorizing the addition of fluoride into the water supply in accordance with the November 7, 2000 election results.

4.1 City Secretary Jo Moore briefed the Council on an Oral Resolution approving the Certification of the petition filed Nov. 9, 2000 for a Charter Amendment Election to establish a minimum monthly base wage and future wage increases for Abilene Police Officers.

Councilman Archibald made a motion to approve by Oral Resolution the Certification of the petition filed Nov. 9, 2000 for a Charter Amendment Election to establish a minimum monthly base wage and future wage increases for Abilene Police Officers. Councilwoman Alexander seconded the motion and the motion carried.

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

NAYS: None.

Mayor Barr asked City Attorney Sharon Hicks to brief Council concerning uniform election dates and the need for Council's direction to staff on election procedures. Ms. Hicks stated before she makes her prepared comments regarding possible election dates and answering questions Council may have, Sgt. Chris Nafe of the Abilene Police Officers Association has requested that he be allowed to address Council first. Ms. Hicks further stated with the Mayor's and Council's approval we'll proceed in that direction. Council voiced no objections.

Mayor Barr recognized Sgt. Chris Nafe, 3841 Georgetown Dr., Abilene, Texas who acknowledged that he is speaking on behalf of the Abilene Police Officers Association. Mayor Barr stated that although this is not a public hearing, Sgt. Nafe is being granted the opportunity to speak and is asked to keep his comments specific to the item before council.

Sgt. Nafe thanked the Council for the opportunity to speak, and reiterated that he is speaking on behalf of the Abilene Police Officers Association and also reflecting some of the views received from the 6557 individuals who signed the petition which was put forward.

Sgt. Nafe stated it is the association's impression that under the law the Council has the full authority to read the petition for its first official reading on today's date and call the nearest authorized election by law being January 20, 2001.

Sgt. Nafe further stated the association has abided by all the rules and laws set forth to have the election in January. They feel that it is the City Council's option and it is the association's official request that the Council do what the law authorizes them to do, which is to order the election for January 20, 2001 and not put it off until the May election.

Mayor Barr thanked Sgt. Nafe and opened the item for council discussion.

Councilman Beckham noted the obvious reason for the request to have the election in January is to get the pay increase in effect so officers can get the pay sooner, but Councilman Beckham stated this is not about a pay increase but is a request for a charter election. Councilman Beckham further noted the seriousness of a charter election and the importance of not rushing into an election to amend the charter, which is the constitution for the City of Abilene. Councilman Beckham questioned Sgt. Nafe as to the purpose of the association requesting a charter amendment election versus a pay referendum election.

Sgt. Nafe answered that there were some issues the association wanted to address, to have written, that could not be taken away from them in the future which a pay referendum would have made possible. Sgt. Nafe stated they have been told that the possibility is always there for them to lose existing benefits. A pay referendum only addresses pay, no benefits, no other items, only pay.

Councilman Beckham stated he understands the association's concerns, but asked Sgt. Nafe if he would agree that something as complicated and sophisticated as a charter amendment election needs more time than one month.

Sgt. Nafe replied that the petition has been certified, the association followed the letter of the law, the Texas Legislators have written this in law to allow them to do this and this is the option they have agreed upon and that this is what they want to do. Sgt. Nafe stated he doesn't believe the date for the election is debatable and that the association is asking Council to do as the law allows and order the election for January.

City Attorney Sharon Hicks then briefed the Council on the history and general information concerning the City of Abilene Charter, noting that it has been amended only three times since its adoption in 1962. Ms. Hicks then reviewed the specific considerations to the Charter Amendment Election as submitted by the Police Association. Ms. Hicks further briefed the Council on the normal procedures and time frames involved in a charter amendment election, noting that in following these procedures the next authorized election date for a charter amendment election would be the May 5, 2001 election. Ms. Hicks outlined the risk involved in expediting measures that would need to be taken for a January election, and also noted that expedited pre-clearance by the Justice Department would be needed, which is at their sole discretion and that they do not have to grant it. Ms. Hicks also reviewed the cost of a January election at approximately $20,000 to $25,000 versus holding the election in conjunction with the May election at no additional cost. Ms. Hicks concluded by stating in considering a May election, time would be provided for the City Manager to look at alternatives, as presented, and recommend to the City Council and to the police officers association any changes or compromise that they would so choose.

Following Ms. Hicks briefing, Council's concerns and questions included: noting concerns in deviating from standard procedures, questioned if the police association was required to obtain signatures on the petition on the Nov. 7^th election day, if during any prior charter election the process was expedited and if the 60 day pre-clearance or two readings of the Ordinance was not adhered to, if it were confirmed that pre-clearance is required, and is it prudent to hold a January election versus the practical reasons for holding a May election. Reasons for the preferred May election date were listed as follows: the City would be 1) following the normal election procedures including two readings of the Ordinance and allowing the 60 days for pre-clearance by the Dept. of Justice. The May general election is already set and a joint election would avoid an additional $25,000 cost; and 2) the Charter governs how the city is run and if a charter amendment is to be held, then consideration should be given regarding other changes that may need to be made to the Charter. If approved, no additional charter amendments can be made for two years.

Councilman Carrillo made a motion to direct staff to prepare for a May 5, 2001 charter amendment election in conjunction with the city's general election. Councilman Beckham seconded the motion.

Mayor Barr recognized Stan Standridge, police officer, 3549 Curry Lane, who stated he is not representing the police officers association but is representing himself and his family. Officer Standridge stated that on Nov. 7 it was not convenient standing in the cold rain obtaining signatures on the petition and the reason for a Charter amendment request versus a pay referendum is that they didn't want to be punished by having their four day work week taken away. Officer Standridge stated the police do an above average job, and they just want average pay. Officer Standridge concluded by urging the Council to be responsible to the constituents they represent.

Further council discussion included; salaries being discussed during the budget process, the need for citizens to understand the issues in a charter election, the petition being in support of a pay vote, the issue of whether it is the responsible thing to hold the election in January versus it being more practical and prudent in May, and time being needed for open dialogue and compromise between all parties involved.

Mayor Barr recognized Mike Perry, 4118 Hartford, who stated the pay proposal to the City Council by Chief Martin for this budget year was passed over.

The Council discussed the salary proposal being considered, and lowered but not passed over, the need to review comparable cities to Abilene in salary considerations, information relevant to salary increases not being provided to the city council until after the budget sessions, and the four day work week for police officers being a management decision by Chief Martin.

City Manager Roy McDaniel reviewed the 1985 police pay issues, explaining the circumstances surrounding some of the raises not taking place.

Ms. Hicks explained why the first reading of the Ordinance did not take place at today's meeting noting it was not posted, the ballot is not prepared for first reading, and that certification of the petition was just recently completed. Ms. Hicks further expressed the need for sufficient time for the city manager to look at the cities the police association have prepared and to offer what could be a workable solution.

Council stated their pride in the Abilene Police Dept. and expressed the desire to work together and not in adversarial roles.

Councilman Carrillo amended his motion to read… that staff prepare for a May 5, 2001 charter amendment election in conjunction with the City's general election and authorize the city manager to enter into on going discussions with the police officers in the spirit of compromise. Councilman Beckham seconded the amended motion and the motion carried.

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

NAYS: None.

4.2 Jeff Armstrong, Assistant Director of Community Development, briefed the Council on the Ordinance considered on second and final 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. The Planning & Zoning Commission recommends approval subject to retaining the right-of-way as an accessible utility easement. Staff recommends denial since the possibility of using the right-of-way remains open. The Plat Review Committee also objects to abandonment. However, if approved, the subject property must be retained as an accessible utility easement.

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

• Gladys Hume, proponent, stated the deed was given to the city with the understanding that the street would be widened. Mrs. Hume further stated the street was not widened, so she would like the property back.

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

Councilman Beckham made a motion to approve the Ordinance for 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, subject to retaining the abandoned right-of-way as an accessible utility easement, as recommended by the Planning & Zoning Commission. Councilman Archibald seconded the motion and the motion carried.

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

NAYS: None.

The Ordinance is numbered 49-2000 and is captioned as follows:

4.3 Jeff Armstrong, Assistant Director of Community Development, briefed the Council on an Ordinance considered on second and final reading - Z-05200 - Rezone from RM-3 & CU (Residential Multi-Family & College-University) to RM-2 (Residential Multi-Family) zoning district, property located in the 2200 block of South 18^th Street. The Planning & 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:

• Eddie Chase, agent for the proponent, 141 S. Leggett.

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

Councilman Carrillo made a motion to approve the Ordinance to rezone from Residential Multi-Family & College-University to Residential Multi-Family zoning district property located in the 2200 block of South 18^th Street, as recommended by the Planning & Zoning Commission and staff. Councilman Brown seconded the motion and the motion carried.

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

NAYS: None.

The Ordinance is numbered 50-2000 and is captioned as follows:

4.4 Jeff Armstrong, Assistant Director of Community Development, briefed the Council on the Ordinance considered on second and final 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. The Planning & 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:

• Eddie Chase, agent for the proponent, 141 S. Leggett.

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

Councilwoman Alexander made a motion to approve the Ordinance to rezone from Residential Single Family to Mobile Home zoning district, property located on Castle Drive south of Formosa Street, as recommended by the Planning & Zoning Commission and staff. Councilman Archibald seconded the motion and the motion carried.

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

NAYS: None.

The Ordinance is numbered 51-2000 and is captioned as follows:

4.5 Jeff Armstrong, Assistant Director of Community Development, briefed the Council on the Ordinance considered on second and final reading - Z-05500 - Rezone from AO (Agricultural Open Space) to GC (General Commercial) zoning district, property located at 2717 Maple Street. The Planning & 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 Archibald made a motion to approve the Ordinance to rezone from Agricultural Open Space to General Commercial zoning district property located at 2717 Maple Street, as recommended by the Planning & Zoning Commission and staff. Councilwoman Alexander seconded the motion and the motion carried.

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

NAYS: None.

The Ordinance is numbered 52-2000 and is captioned as follows:

4.6 Dwayne Hargesheimer, Director of Water Utilities, briefed the Council on the Ordinance considered on second and final reading amending the Abilene City Code Chapter 15, "Lakes", Article III, "Lake Abilene and Lake Kirby", Section 15-73, "Prohibited Areas". Staff recommends approval.

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

• Tracy Weems, Police Officer, explained an officer's discretion in enforcing the Ordinance and stated he is comfortable with the current wording of the Ordinance as presented to Council.

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

Councilman Beckham stated concerns with the wording of the Ordinance noting technically it is against the law to stand upon the bed of Lake Abilene or Lake Kirby.

Councilman Archibald made a motion to table the Ordinance, directing staff to prepare more appropriate wording and uniformity. Councilman Brown seconded the motion and the motion carried.

AYES: Councilmen Archibald, Carrillo, Beckham, Brown, Councilwoman Alexander, 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, 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.

Councilmen Archibald and Carrillo left during executive session; Councilman Southward arrived during executive session.

5.1 Councilman Beckham moved to approve the Mayor's appointments and reappointments to various boards and commissions as listed below. Councilman Brown seconded the motion and the motion carried.

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

NAYS: None.

Reappoint:

Mr. Bob Springer

Mrs. Rosemary Suttle

Abilene-Taylor Co. Public Health Advisory Board, 3 yr. terms

Appoint:

Dr. Fred Kash

Dr. Fred Onger

Airport Development Board, 3 yr. terms

Reappoint:

Mr. Woody Gilliland

Mr. Paul Schnitman

Reappoint:

Ms. Charlotte Roy

Ms. Dottie Scott

Ms. Leah Herron

Appoint:

Ms. Megan Santee

Reappoint:

Mr. Gilbert Rodriguez

Mr. Wayne Bradshaw

Mr. Wes Ratliff

Mr. Clint Rosenbaum, Alternate

Mr. Joe Haley, Alternate

Reappoint:

Mr. Terry Williams, Engineer (Regular)

Mr. Daniel Nasser, Banker (Regular)

Appoint:

Mr. Tino Martinez, Realtor (Regular to Alternate)

Mr. Larry Holmes, Realtor (Alternate to Regular)

Mr. Paige Gollihar, Architect (Alternate to Regular)

Mr. Robert Roadcap III, Architect (Alternate)

Ms. Hope Hendrix, Social Worker (Alternate)

Mr. Scotty Lindley, Banker (Alternate)

Reappoint:

Mr. Hubert Pickett

Reappoint:

Jane Varner Beard

Housing Authority, 2 yr. terms

Reappoint:

Mr. Valree Brailsford

Ms. Peg Cooke

Reappoint:

Mr. Malcolm Bramlett

Ms. Wendy Stovall

Landmarks Commission, 3 yr. terms

Reappoint:

Mr. Phil Miller, Architect

Ms. Sherri Statler, historic property owner

Mr. Kevin Coleman, Habitat for Humanity, Alternate

Library Board, 2 yr. terms

Reappoint:

Dr. John Tyson

Mr. Jaime Torres

Ms. Belinda Cook

Dr. Marc Orner

Ms. Barbara Vick

Ms. Elizabeth Rankin

Mixed Use Review Board, 2 yr. terms

Reappoint:

Mr. Kenneth Musgrave

Mr. M. R. "Newt" Newberry

Mrs. Barbara Morris

Planning & Zoning Commission, 3 yr. terms

Reappoint:

Mr. Jack Harkins

Mr. Jeff Luther

Reinvestment Zone #1, 2 yr. terms

Reappoint:

Mr. C. G. Whitten

Mr. George Nichols

Mr. Joe Canon

Mr. Ken Shira

Mr. Mike Young

Mr. Syd Niblo

Ms. Tiffany Wagstaff

Mr. John Stearns, AISD Rep.

Appoint:

Mr. Gregg Blair, term expires 11/2001

Ms. Mary Helen Munoz, term expires 11/2001

Reappoint:

Ms. Jackie Hamilton

Mr. Phil Morehead

Dr. Jack Griggs

Appoint:

Mr. Jerry Peters

Youth Advisory Council, 1 yr. terms

Reappoint:

Mr. Beau Cox, Abilene HS

Mr. Robbie Hedrick, Wylie Jr. High

Ms. Lorrie Massie, Cooper MS

Mr. Lance Miller, Wylie Jr. High

Ms. Alesha Mitchell, Cooper HS

Ms. Christina Brokaw, Abilene HS

Mr. Matt Acre, Cooper HS

Appoint:

Ms. Kristen Albaquin, Wylie Junior High

Ms. Kathryn Bartlett, Lincoln MS

Ms. Anita Blanton, Cooper HS

Ms. Katie Davenport, Madison MS

Ms. Jessica Garcia, Cooper HS

Ms. Shelly Garcia, Cooper HS

Mr. Brett Hicks, Franklin MS

Ms. Kendra Hulin, Franklin MS

Ms. Camille Jackson, Abilene HS

Mr. Willie Kershaw, Jefferson MS

Ms. Mayra Lara, Mann MS

Back to City Council Minutes