The City Council of the City of Abilene, Texas, met in a Pre-Council Work Session on December 21, 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, 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 introduced Jeff Bullock, Zoo Director, who briefed the Council on the various functions of the Zoo Division. Following Mr. Bullock's presentation, Mr. McDaniel briefed the Council on various consent and regular agenda items. Item 3.8, Reconstruction of Ambler & Willis Intersection, Bid #CB-1013, was removed from the Agenda; Item 3.2, Oral Resolution awarding a base bid of $2,874,000 for Abilene Regional Airport terminal expansion project construction contract to John Crowe and Associates, authorizing the City Manager to execute the contract and accept additional alternates pending FAA approval of discretionary funding use for terminal expansion purposes and Item 3.10, Approve contract with Sisk-Rob, Inc. for asbestos abatement of the basement of City Hall, Bid #CB-1021, were removed from the Consent Agenda to be considered separately at the request of Councilman Southward. Item 4.7, Resolution approving the pay increases of Abilene Police Officers, was moved to the first of the Regular Agenda.

Mayor Barr reconvened the City Council of the City of Abilene, Texas, into Regular Session December 21, 2000, at 9:00 a.m. in the City Council Chambers of City Hall.

Councilman Kris Southward gave the invocation.

Dillan Pruett, fifth-grader at Dyess Elementary, led the pledge of Allegiance. Dillan was accompanied by his assistant Principal, Mr. Stewart.

Due to the December 14^th and 21^st Council meetings being one week apart, the minutes from both meetings will be submitted for Council approval at the January 11, 2001 meeting.

Councilman Brown moved to approve consent agenda items 3.1, 3.3 through 3.7, 3.9, 3.11 through 3.13, and first reading of item 3.14. Councilwoman Alexander seconded the motion and the motion carried. Item 3.8 was removed from the Agenda; Items 3.2 and 3.10 were removed from the Consent Agenda to be considered separately at the request of Councilman Southward.

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

NAYS: None.

1. Oral Resolution authorizing the City Manager to enter into a new agreement with the Federal Aviation Administration for the existing remote transmitter site at Abilene Regional Airport.
2. Oral Resolution awarding a base bid of $2,874,000 for Abilene Regional Airport terminal expansion project construction contract to John Crowe and Associates, authorizing the City Manager to execute the contract and accept additional alternates pending FAA approval of discretionary funding use for terminal expansion purposes. Removed from the Consent Agenda to be considered separately at the request of Councilman Southward.
3. Oral Resolution authorizing the City Manager to enter into an agreement with Tippett and Gee for the completion of Taxiway B design work at Abilene Regional Airport, in the amount of $37,300.
4. Oral Resolution authorizing City Manager to extend the lease with AvFuels at Abilene Regional Airport.
5. Oral Resolution authorizing the City Manager to amend the City of Abilene and Interspace Airport Advertising concession agreement, and exercise the agreement extension option.
6. Oral Resolution authorizing TIF funds for payment of 75% of 2000 real property taxes for the T&P Freight Warehouse, 901 N. 1^st Street.
7. Resolution providing for Waiver of Application for Grant Funds from the Criminal Justice Division of the Office of the Governor of the State of Texas.

The Resolution is numbered 36-2000 and is captioned as follows:

A RESOLUTION PROVIDING FOR WAIVER OF APPLICATION FOR GRANT FUNDS FROM CRIMINAL JUSTICE DIVISION OF THE OFFICE OF THE GOVERNOR OF THE STATE OF TEXAS.

Bid Awards:

8. Reconstruction of Ambler & Willis Intersection, Bid #CB-1013. Removed from the Consent Agenda.
9. Refuse trucks, Bid #CB-1005. Item 1 was awarded to Dallas Peterbilt, Item 2 to Hughes Truck Center, and Item 3 to Dallas Mack Sales, the low responsible bidders in the amount of $566,720.00, as recommended by staff.
10. Approve contract with Sisk-Rob, Inc. for asbestos abatement of the basement of City Hall, Bid #CB-1021. Removed from the Consent Agenda to be considered separately at the request of Councilman Southward.
11. Furniture for Rose Park Senior Building, Bid #CB-1008. Items 1-9, 11, and 16 to Barnhill Office Equipment Co. of Abilene, Texas in the amount of $43,197.75; Items 10 and 17 to Palmer Snyder Furniture Co. of Brookfield, Wisconsin in the amount of $9,721.00; and Items 12-15 to O'Kelley Office Supply of Abilene, Texas in the amount of $1,780.00 as recommended by staff.
12. Portable platform system for Abilene Civic Center, Bid #CB-1017. The bid was awarded to the low bidder, Wenger Corporation in the amount of $19,333.80 as recommended by staff.
13. Environmental laboratory equipment, Bid #CB-1018. The bid was awarded to Shimadzu Instruments in the amount of $24,598.00 as the most advantageous to the City.

Ordinances:

14. Approval of First Reading - Ordinance amending Abilene City Code Chapter 15, "Lakes", Article II, "Lake Ft. Phantom Hill", Section 15-20.1, "Placing Motor Vehicles or Other Obstructions Upon Lake Ft. Phantom".

3.2 Rick Crider, Airport Manager, briefed the Council on an Oral Resolution awarding a base bid of $2,874,000 for Abilene Regional Airport terminal expansion project construction contract to John Crowe and Associates, authorizing the City Manager to execute the contract and accept additional alternates pending FAA approval of discretionary funding use for terminal expansion purposes. Staff recommends approval.

When questioned about the possibility of not getting this multi-year grant in the future, Mr. Crider responded that this is a grant from FAA and is guaranteed. Mr. Crider then addressed the 120-day price holding and answered Council questions concerning the additional alternates.

Councilman Southward made a motion to award a base bid of $2,874,000 for Abilene Regional Airport terminal expansion project construction contract to John Crowe and Associates by Oral Resolution and authorize the City Manager to execute the contract and accept additional alternates pending FAA approval of discretionary funding use for terminal expansion purposes, 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.

10. Cassie Hughes, Building Official, briefed the Council on staff's recommendation for approval of a contract with Sisk-Rob, Inc. for asbestos abatement of the basement of City Hall, Bid #CB-1021. A portion of the basement of City Hall has been designated for construction of the EOC/Training facility. In accordance with regulations by the Texas Department of Health for asbestos protection, a building owner must first conduct a survey and perform asbestos abatement prior to performing the construction work. Due to the type of asbestos in the basement, and taking into consideration the most cost effective method for removal, the proposal is to abate all asbestos in the basement at this time to allow for continued improvements identified in the space study plan accepted by the Council in April of 2000.

Council's discussion included: staff's recommendation's concerning costs exceeding the voter approved $200,000 bond amount for the EOC; the need for an overall complete package presentation versus a phase by phase one on all possible city properties that could be utilized, all costs involved; all possible funding sources; and limiting consideration to the basic EOC.

Staff further explained the asbestos abatement needs and process, the possible multi-purpose uses for the EOC; the best use of the basement area with additional renovation at minimum costs utilizing existing resources to the maximum, the proposed use of the Cypress St. building and the commitment of Certificates of Obligations in the spring placing the city in a position to move forward on this project if Council so chooses.

Council further noted concerns about the waste that could be involved in taking this action prior to all funding sources being approved.

Councilman Southward made a motion to deny staff's recommendation to approve a contract with Sisk-Rob, Inc. for asbestos abatement of the basement of City Hall, Bid #CB-1021. Councilman Beckham seconded the motion and the motion carried.

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

NAYS: Councilwoman Alexander.

4.7 City Manager Roy McDaniel briefed the Council on a Resolution approving the pay increases of Abilene Police Officers. The Abilene Police Officers' Association previously filed a petition calling for a Charter election to set their minimum salaries and authorize pay increases in April 2001 and October 2001. As authorized by the City Council, staff has been reviewing the officers' compensation proposal in lieu of an election and as a result proposed changes to the police officers' base pay amounts. Mr. McDaniel stated that he and the Police Association leaders had come to an agreement on the 10 cities to be used for comparison purposes. Those comparisons showed the City of Abilene's Police officers slightly over 15% behind in salaries.

Council discussion included: the importance of pointing out the cities we've historically compared our officers' salaries to were comparable, when we looked at new cities that better light on what we should pay was shed, the hope that this brings closure to the May 1985 issue on salaries, setting a new standard (10 cities) in looking at other city employees (i.e., firefighters') salaries, set criteria to state if one of the new 10 cities change in some manner that no longer makes it comparable then another city should be looked at, making a commitment to not wait 15 years to make a comparison base, affirming this council strongly supports police and other city employees. Council thanked the police officers and the City Manager for working together and bringing closure to this matter.

Sgt. Chris Nafe, 3841 Georgetown Dr. and President of the Abilene Police Officer's Association, stated the past two weeks have been very encouraging, and that the present Council are honorable people with good ethics and morals, which the police officers, including those who were here in 1985 agree to. Sgt. Nafe further stated that there are open lines of communication now and that the Association voted unanimously in approval of the Resolution. In conclusion, Sgt. Nafe submitted an official request to withdraw the petition filed with the City Secretary.

Councilman Carrillo made a motion to approve the Resolution approving the pay increases of Abilene Police Officers. Councilwoman Alexander 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 37-2000 and is captioned as follows:

4.1 Mike Hall, Director of Community Services, briefed the Council on an Ordinance establishing standards of care for City of Abilene Recreation programs. Staff recommends approval.

Councilman Carrillo made a motion to approve the Ordinance establishing standards of care for City of Abilene Recreation programs as recommended by staff, with a suggestion for next year to change the Ordinance wording on Exhibit A 1.F to read, "arrested and convicted" versus just arrested. Councilman Archibald 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 54-2000 and is captioned as follows:

4.2 Jeff Armstrong, Assistant Director of Community Development, briefed the Council on the Ordinance considered on second and final reading - TC-05600 - Thoroughfare abandonment of Texas Street adjacent to Lots 1-9, Block 1; Lots 1-9, Block 2; Lots 1-10, Block 3; and Lots 1-10, Block 4, Victoria Place Addition. The Plat Review Committee recommends denial. However, if approved the Plat Review Committee recommends the following conditions: (1) An unimpeded storm drainage easement (which would prohibit fencing across the street); (2) The property would have to be replatted to prevent leaving lots landlocked; and (3) A turnaround would be required at the east end of the remainder of Texas Street. The applicant would be required to dedicate land and construct the turnaround to City standards. Staff recommends denial. However, if approved staff recommends the conditions stipulated by the Plat Review Committee. The Planning & Zoning Commission recommends approval subject to storm drainage easement be maintained down the street; property replatted so all lots front on a publicly dedicated street; and a turnaround required per City requirements.

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

• David Hudson, proponent, 3902 Pine, owns property on the north and south sides of Texas Street and wants to abandon the portion of Texas Street to unify his property. Mr. Hudson showed pictures of the property and noted how he would improve the area.

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

Council discussion included the original cost to pave the street, the types of maintenance needed, the required curb and gutter, homeowners being in opposition to the request, the City getting rid of a liability and the fact that Mr. Hudson would pay property tax on the street.

Councilman Carrillo made a motion, based on Texas Street being a used viable roadway and homeowners in the area being opposed to the request, to deny the Ordinance for Thoroughfare abandonment of Texas Street adjacent to Lots 1-9, Block 1; Lots 1-9, Block 2; Lots 1-10, Block 3; and Lots 1-10, Block 4, Victoria Place Addition. Councilwoman Alexander seconded the motion and the motion carried.

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

NAYS: Councilmen Archibald, Beckham, and Brown.

3. Jeff Armstrong, Assistant Director of Community Development, briefed the Council on an Ordinance considered on second and final reading - Z-05700 - Rezone from SC (Shopping Center) to GC (General Commercial) zoning district property located at 1421 S. Willis. The Planning & Zoning Commission recommends approval, staff recommends denial.

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

• Larry Rushing, #1 Pinehurst, proponent, explained his plans for the property.

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

Councilman Southward made a motion to approve the Ordinance to rezone from SC (Shopping Center) to GC (General Commercial) zoning district property located at 1421 S. Willis, as recommended by the Planning & Zoning Commission. Councilman Archibald 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 55-2000 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-05800 - Rezone from AO (Agricultural Open Space to RM-2 (Residential Multi-Family) zoning district property located in the 5300 block of Hwy. 277 South. Mr. Armstrong noted errors in the submitted documents, stating all references to RM-3 should be RM-2. 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.

Councilwoman Alexander made a motion to approve the Ordinance to rezone from Agricultural Open Space to Residential Multi-Family zoning district property located in the 5300 block of Hwy. 277 South, as recommended by the Planning & Zoning Commission and staff. Councilman Carrillo 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 56-2000 and is captioned as follows:

Council recessed for a five-minute break at 11:10 a.m.

4.5 Councilwoman Alexander made a motion to remove from the table Item 4.5, Oral Resolution on the new water treatment plant capacity. Councilman Archibald seconded the motion and the motion carried.

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

NAYS: None.

Dwayne Hargesheimer, Director of Water Utilities, briefed the Council on the Oral Resolution on the new water treatment plant capacity. Mr. Hargesheimer introduced David Lewis of CH2M Hill, San Antonio, TX. Mr. Lewis addressed issues concerning the plant capacity including: appropriate size for the facility, how the size is chosen according to today's water demands and future expectations. Mr. Lewis continued, stating the current treatment plants are not appropriate to treat Ivie water due to the minerals, salt makeup, etc. in the Ivie water. Mr. Lewis outlined attributes that need to be met as follows: 1) Economy to scale shows Abilene needing a greater than 5 million gallon capacity, the capacity must be able to serve the south pressure zone, it must work in unison with the other two plants, and the appropriate size is needed to relieve the water supply on Ft. Phantom & Hubbard system. The price of the technology being used (membrane, etc.) has decreased in the past 5 years, and in Mr. Lewis' opinion it will continue to trend down. Staff is recommending an 8-MGD initial plant capacity. Council discussed the 8-MGD initial plant capacity with the option to increase the size to 12 MGD.

Councilman Archibald made a motion to approve the 8 MGD initial plant capacity with direction to staff to include in the bid the alternate to build an additional 4 MGD. Councilman Southward seconded the motion and the motion carried.

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

NAYS: None.

4.6 Councilman Brown made a motion to remove from the table Item 4.6, Resolution revising the schedule of rates and charges for water and sewer utility services. Councilwoman Alexander seconded the motion and the motion carried.

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

NAYS: None.

Dwayne Hargesheimer, Director of Water Utilities, briefed the Council on a Resolution revising the schedule of rates and charges for water and sewer utility services to pay for bond indebtedness on the O. H. Ivie pipeline pump station and water treatment plant construction projects. An estimated $6,500,000 will be required annually to repay $60,000,000 of bond debt. Staff is recommending that water rates be increased by 50%, base Customer Service Charge for most residences (3/4 and 5/8 inch meters) increase to $8.50 and all other base Customer Service Charges be doubled. Increasing the cost per 1000 will insure that heavy water users pay more.

Staff distributed, as requested by Council at the December 14 Council meeting, a chart of the existing water rates and the proposed water rates at a flat $1.00/1,000 gallon increase and the percentage increase comparison chart between the February water rates of this year and the proposed water rates. City Manager Roy McDaniel stated if we're going to borrow $61 million, the rates have to be in place in order to have the funds to pay back what's borrowed. Council discussed keeping the rates as low as possible for as long as possible.

Councilwoman Alexander made a motion to increase the water rates by 88 cents per 1,000 gallons to all customers effective March 1, 2001. Councilman Archibald seconded the motion and the motion carried.

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

NAYS: Councilman Southward.

The Resolution is numbered 38-2000 and is captioned as follows:

Councilman Carrillo suggested the water department consider noting on the customers' water bill the increase is due to funding the Ivie pipeline and treatment plant projects.

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.

5.1 Councilman Southward moved to approve Mayor Barr's reappointment of Linda Taubert, and appointments of Matt Grubisich, JoAnn Sczech, and Richard S. Brennan Jr. to the Keep Abilene Beautiful, Inc. Board, terms expiring11/2003; and the appointment of Stan Egger as the Taylor County representative to the Airport Development Board, term expiring 11/2003. Councilman Carrillo seconded the motion and the motion carried.

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

NAYS: None.

There being no further business, the meeting was adjourned at 1:10 p.m.

Jo Moore, City Secretary

Grady Barr, Mayor