The City Council of the City of Abilene, Texas, met in a Pre-Council Work Session on February 8, 2001, 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 stated that the presentation on the Traffic & Transportation Division functions would be rescheduled for the February 22 Council meeting. The Council briefly discussed various consent and regular agenda items. Mr. McDaniel stated that item 3.10, - Rezone from AO (Agricultural Open Space) to GC (General Commercial) zoning district property located at Brentwood and Bob-O-Link Drives, was denied by the Planning & Zoning Commission and has been appealed. Jeff Armstrong, Assistant Director of Community Development, stated on item 3.10 a slight modification by the proponent has been requested due to a smaller portion of land being considered. Sharon Hicks, City Attorney, stated on page 6 of Item 3.11, Z-00501 - Amend PDD-73 property located on Arnold Blvd. south of Marigold regarding industrial park signage, that the wording under 4.b. has been eliminated due to that area not being part of the PDD. Ms. Hicks then distributed the agreement to be considered on item 4.1, Oral Resolution approving an agreement to participate in the Cloud Seeding Program. Mr. McDaniel explained that as part of the agreement two city representatives will be appointed by the Mayor with Council approval to the Board of Directors of the West Central Texas Weather Modification Association. There being no further discussion, the meeting was recessed 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 February 8, 2001, at 9:00 a.m. in the City Council Chambers of City Hall.

Councilman Norm Archibald gave the invocation.

Pledge of Allegiance was led by Whitney Moutray, a fifth grader at Johnston Elementary who was accompanied by her parents, Mr. & Mrs. Moutray.

Jo Moore, City Secretary, assisted Mayor Barr in presenting the following Employee Service Awards:

30 Years, Robert Waggoner, Police Lieutenant II, Police

25 Years, Ronald E. Hampton, Traffic Supervisor III, Traffic

25 Years, Gustavo Quiroz, Retired Equipment Operator II, Refuse Collection

Mayor Barr presented the following Proclamations:

February 11-17 as "National Lulac Week", and

February 11-17 as "Career and Technology Education Week"

There being no corrections, additions, or deletions to the January 25, 2001 Pre-Council and Council minutes, Councilman Southward moved to approve the minutes 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.

Councilwoman Alexander moved to approve consent agenda items 3.1 through 3.8, as recommended by the staff and approval of first reading of items 3.9 through 3.12. Councilman Archibald seconded the motion and the motion carried.

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

NAYS: None.

1. Resolution ordering the General Election for Council Places 5 & 6 for May 5, 2001, and providing for a Runoff Election on June 2, 2001 if needed.

The Resolution is numbered 4-2001 and is captioned as follows:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ABILENE, TEXAS, ORDERING AN ELECTION TO BE HELD IN SAID CITY ON MAY 5, 2001; PROVIDING FOR THE ELECTION OF PERSONS TO SERVE IN PLACES 5 AND 6 ON THE CITY COUNCIL OF THE CITY OF ABILENE; PROVIDING METHOD OF APPLICATION FOR PLACEMENT OF CANDIDATE'S NAME ON BALLOT; PROVIDING A FILING DEADLINE FOR ALL CANDIDATES; DESIGNATING ELECTION PRECINCTS AND POLLING PLACES; PROVIDING FOR BILINGUAL ELECTIONS FOR CITY ELECTIONS; AND PROVIDING FOR A PROCLAMATION NOTICE AND PUBLICATION OF NOTICE OF SAID ELECTIONS.

2. Oral Resolution authorizing the City Manager to enter into a new agreement with the Federal Aviation Administration for the new air traffic control tower at Abilene Regional Airport.
3. Resolution authorizing City intervention in AEP/WTU request for increase in fuel factor, PUC Docket #23585.

The Resolution is numbered 5-2001 and is captioned as follows:

A RESOLUTION OF THE CITY OF ABILENE AUTHORIZING INTERVENTION IN AEP/WEST TEXAS UTILITIES COMPANY'S REQUEST FOR AUTHORITY TO INCREASE ITS FIXED FUEL FACTORS AND RELATED GOOD CAUSE EXCEPTION EFFECTIVE MARCH 1, 2001 THROUGH FEBRUARY 2002 FILED AT THE PUBLIC UTILITY COMMISSION OF TEXAS AND ASSIGNED DOCKET NO. 23585; AUTHORIZING THE JOINING WITH OTHER INTERVENING CITIES TO PROTECT MUNICIPAL AND RATEPAYER INTERESTS; AUTHORIZING THE HIRING OF ATTORNEYS AND CONSULTANTS; AND REQUIRING REIMBURSEMENT OF THE CITY'S RATEMAKING COSTS.

4. Oral Resolution approving Professional Engineering Services contract for the O. H. Ivie Project and authorize the City Manager to execute the contract with Jacob & Martin, Inc. for a Design Service fee not to exceed $132,000.00 and surveying fees will be performed, as needed, on an hourly basis, not to exceed $35,000.00.

Bid Awards:

5. Award of Worker's Compensation Insurance for CityLink Transit, Bid #CB-1023. The bid was awarded to First Southwest Insurance Agency, in the amount of $44,695, plus or minus audited payroll adjustments, as recommended by staff.
6. Annual tire products, Bid #CB-1026. The bid was awarded as follows: Items 1,3,4,6,7,8, and 9 to Gray's Wholesale Distributors and Items 2 and 5 to Bill Williams Tire Center. The contract will be for a one-year period with the City of Abilene reserving the option to renew for two additional one-year terms at the same terms and conditions, as recommended by staff.
7. Environmental Laboratory equipment, Bid #CB-1019. The bid was awarded to Varian Analytical, in the amount of $85,202.25, as the most advantageous to the City, as recommended by staff.
8. C-900 water pipe for Water Utilities Department, Bid #CB-1025. The bid was awarded to Plastic Wholesale Supply, Abilene, Texas as recommended by staff.

Ordinances:

9. Approval of first reading - Z-00301 - Rezone from AO (Agricultural Open Space) to RS-6 (Residential Single Family) zoning district property located in the 5200 block of Antilley Road, and set a public hearing for February 22, 2001 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 - Z-00401 - Rezone from AO (Agricultural Open Space) to GC (General Commercial) zoning district property located at Brentwood and Bob-O-Link Drives, and set a public hearing for February 22, 2001 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.

11. Approval of first reading - Z-00501 - Amend PDD-73 property located on Arnold Blvd. south of Marigold regarding industrial park signage, and set a public hearing for February 22, 2001 at 9:00 a.m.

AN ORDINANCE OF THE CITY OF ABILENE, TEXAS, AMENDING CHAPTER 23, SUBPART E, "ZONING," OF THE ABILENE MUNICIPAL CODE, AND ORDINANCE NO. 30-2000 CONCERNING THE PDD-73 PLANNED DEVELOPMENT DISTRICT; DECLARING A PENALTY AND CALLING A PUBLIC HEARING; AND AN EFFECTIVE DATE.

12. Approval of first reading - Ordinance amending Sections 23-356.1.H, 23-356.2.G(1), 23-356.2.H(1) and 23-356.2.I(1) of the Zoning Ordinance pertaining to application deadlines of the Planning and Zoning Commission and Board of Adjustment meetings, and set a public hearing for February 22, 2001 at 9:00 a.m.

4.1 City Attorney Sharon Hicks briefed the Council on an Oral Resolution approving an agreement to participate in the Cloud Seeding Program. Ms. Hicks stated on November 9, 2000, the Council agreed to participate in an eight county cloud seeding program, and noted Council has before them today the final interlocal agreement. Ms. Hicks further stated the West Central Texas Weather Modification Association is looking at acquiring quotes for liability insurance. Ms. Hicks stated the bylaws will be forwarded on to the board of directors, who are expected to meet February 16. Ms. Hicks noted Mayor Barr has appointed Councilman Rob Beckham and Mr. Syd Niblo as the city's representative to the board of directors and Council will need to approve those appointments. Staff recommends council approve the interlocal agreement and bylaws that will be forwarded on to the board of directors, and to approve Mayor Barr's appointments of Councilman Rob Beckham and Mr. Syd Niblo as City representatives to the West Central Texas Weather Modification Association Board of Directors.

Councilman Carrillo moved to approve the interlocal agreement, to approve the bylaws consistent with the agreement as recommended by staff, and to approve Mayor Barr's appointment of Rob Beckham and Syd Niblo as the City's representatives to the West Central Texas Weather Modification Association Board of Directors. Councilwoman Alexander seconded the motion and the motion carried.

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

NAYS: None.

ABSTAIN: Councilman Beckham.

2. Melvin Martin, Police Chief, briefed the Council on the Crime statistical report. Chief Martin stated these statistics are the lowest overall in 21 years, with a 3% decrease from last year and the lowest murder rate in over 31 years.

Under Communications, Chief Martin stated the calls for service reflect all calls coming in (not necessarily criminal cases) 911 calls, 7 digit calls, dispatched calls, and non-dispatched calls.

Council requested a copy of the report and commended the Police Department on the positive impact the community policing has had in the community, stating appreciation for the proactive approach and professional courtesy.

Chief Martin personally thanked the Council for the positive manner in which the police pay raise issue was handled, and Chief Martin stated a new Police academy will be starting soon.

Mayor Barr recessed the Council into executive session pursuant to Sections 551.071, 551.074, and 551.072 of the Open Meetings Act, to seek the advice of the City Attorney with respect to pending and contemplated litigation, to consider the appointment and evaluation of public officers, and to consider the purchase, exchange, lease or value of real property.

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

5.1 Councilman Carrillo moved to approve Mayor Barr's appointment of Syd Niblo to the Development Corporation of Abilene, Inc. Board, term expiring 11/2003. Councilman Beckham seconded the motion and the motion carried.

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

NAYS: None.

Item 5.4, Oral Resolution approving the appointment of an Assistant City Attorney, was not considered.

There being no further business, the meeting was adjourned at 10:40 a.m.

Jo Moore, City Secretary

Grady Barr, Mayor