The City Council of the City of Abilene, Texas, met in Regular Session on April 12, 2001, at 8:30 a.m. in the City Council Chambers of City Hall. Mayor Grady Barr was present and presiding with Councilmen 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. Councilman Norm Archibald was absent.

Councilman Rob Beckham gave the invocation.

Pledge of Allegiance was led by Britney Diaz, a fifth grader at Ortiz Elementary who was accompanied by her school community coordinator, Chris Blackmon.

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

20 Years, David David, Computer Programmer/Analyst, Information Technology

Mayor Barr presented the following Proclamations:

April as "Parkinson's Disease Awareness Month 2001",

April 8-14, 2001 As "International Building Safety Week", and

April 16-22, 2001 As "Community Development Week".

Mayor Barr asked Mr. McDaniel to introduce the Water Administration division Xeriscape presentation. Mr. McDaniel introduced Linda Simpson, Assistant Director of Water Utilities. Ms. Simpson explained Xeriscape as water conservation through creative landscaping, then reviewed the seven steps on how to Xeriscape as follows: 1 - start with a good design; 2 - use mulch, 3 - improve soil; 4 - limit lawn area; 5 - choose low water use plants; 6 - water efficiently; and 7 - good maintenance.

No Council action was required.

There being no corrections, additions, or deletions to the March 22, 2001 Council Minutes and Special Council Meeting Minutes of April 5, 2001, Councilman Carrillo moved to approve the minutes as printed with the amendments to the March 22 minutes as previously sent to Council. Councilman Southward seconded the motion and the motion carried.

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

NAYS: None.

Councilwoman Alexander moved to approve consent agenda items 3.1 through 3.4, as recommended by the staff and approval of first reading of items 3.5 and 3.6. Councilman Brown seconded the motion and the motion carried.

AYES: Councilmen Southward, Carrillo, Beckham, Brown, Councilwoman Alexander, and Mayor Barr (abstaining on item 3.5).

NAYS: None.

ABSTAIN: Mayor Barr on item 3.5 only, due to his serving as trustee for the Hendrick Home for Children.

1. Oral Resolution authorizing the City Manager to sign an Interlocal Agreement with the Texas Municipal League Intergovernmental Employee Benefits Pool (TML-IEBP) to provide administrative services for the City's self-funded health plan.

Bid Awards:

2. Replacement of stormwater drain pumps at the Pine Street, Butternut Street and Mockingbird Blvd. underpasses, Bid #CB-1032. The bid was awarded to Batjer and Associates, Inc., 2825 Pine Street, Abilene, Texas, the low bidder, in the amount of $148,000.00 as recommended by staff.
3. Health Division Laboratory Equipment, Bid #CB-1031. The bid, including a full 3-year warranty and integrated information management system, was awarded to Elan Diagnostics for $68,000.00, the low bidder, as recommended by staff.

5. Approval of first reading - Z-00901 - Rezone from HI (Heavy Industrial) to GC (General Commercial) zoning district property located at Jeanette and S. 26^th Streets, and set a public hearing for April 26, 2001 at 8:30 a.m.

4.1 Elizabeth Grindstaff, Planning Services Administrator, briefed the Council on a Resolution authorizing the City Manager or his designee to convey an interest in real property with an option for right of first refusal to Neighborhoods in Progress, Inc. (NIP) for the development of low-income or moderate income housing in the Carver neighborhood as permitted by Local Government Code Section 272.001 (g). Ms. Grindstaff introduced Paige Gollihar and Jack Harper, Executive Director of Abilene NIP. Mr. Harper outlined the specifics of the development.

Council and NIP representative discussion included: alternate funding if the State does not award the Low-Income Housing Tax Credits, the April 23 deadline, changes in state procedures, past State funding, the Regional Allocation Plan, allocation of excess funding, cost of tax credits, and construction cost.

Councilman Brown moved to approve the Resolution authorizing the City Manager or his designee to convey an interest in real property with an option for right of first refusal to Neighborhoods in Progress, Inc. (NIP) for the development of low-income or moderate income housing in the Carver neighborhood as permitted by Local Government Code Section 272.001 (g). Councilwoman Alexander seconded the motion and the motion carried.

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

NAYS: None.

The Resolution is numbered 14-2001 and is captioned as follows:

4.2A Linda Simpson, Assistant Director of Water Utilities Administration, briefed the Council on a Resolution certifying and approving the Water Management Plan. Ms. Simpson stated the City of Abilene's Water Management Plan (WMP) provides for the orderly development, management, conservation and protection of Abilene's water resources. The plan was originally adopted by the City Council June 12, 1986. An update was presented to the Council on September 12, 1996. New TNRCC regulations require that our WMP be adopted by the governing body and require inclusion of language regarding distribution of water during times of shortage. The required language has been incorporated into the WMP. The Drought and Emergency Contingency Plan (DECP) is an appendix to the Water Management Plan and will be addressed under item 4.2B. Pending water permit amendments are currently under review by TNRCC's staff and official approval of both the WMP and DECP is required prior to the TNRCC approval. Staff recommends that the City Council approve by written resolution, confirmation of Abilene's adopted Water Management Plan in 1986, ratifying its 1996 update, and approving the new 2001 language required by TNRCC.

Mayor Barr voiced his concern with the last sentence of the first paragraph under the amendment to the Water Management Plan Exhibit A, which reads "Water Customers of the City of Abilene are required by law to comply with these regulations as implemented". Ms. Simpson replied that requirement has already been imposed by the state and it was also noted the amendment if adopted will be forwarded on to wholesale customers.

Councilwoman Alexander made a motion to approve the Resolution certifying and approving the Water Management Plan as recommended by staff. Councilman Beckham seconded the motion and the motion carried.

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

NAYS: None.

The Resolution is numbered 15-2001 and contains no caption.

4.2B Linda Simpson, Assistant Director of Water Utilities Administration, briefed the Council on the first reading of an Ordinance amending the Drought and Emergency Contingency Plan. Ms. Simpson stated the Drought and Emergency Contingency Plan (DECP) is an appendix to the Water Management Plan, and has been revised several times to improve its effectiveness. The mandatory water restrictions, which were implemented last summer because of supply limitations, reduced water demands. Ms. Simpson also noted input from a citizens review -committee and City staff have been incorporated into the proposed revision of the DECP, and changes will "fine-tune" the Plan. Of significant change is the enforcement method for attaining water conservation compliance. Proposed revisions also provide compliance with new TNRCC rules for drought contingency plans. Staff recommends that Council approve the first reading of the new Drought & Emergency Contingency Plan Ordinance, and set a public hearing for April 26, 2001. Ms. Simpson further stated discussion among attorneys, TNRCC and city staff resulted in recommendations as highlighted in green on the Council's draft DECP. These recommendations include: clean up language, incorporating state law language per TNRCC's request, encouraging use of reclaimed water, addition of statements to comply with state law requirements, addresses use of potable water versus alternate sources of water, adds voluntary conservation, changes trigger depths and extends the watering times, limits abuse of soaker/garden hoses on turf watering, addresses agricultural irrigation, notes golf course use of potable water with changes applying to subsequent stages, changes to allow weekly maintenance to protect pool components, decriminalizes violations, reduces backlog in municipal courts, increases flexibility of penalties to encourage compliance and discourage repeat and flagrant violations, provides a hearing and appeals process designed to take less time than municipal court, and addresses the problems previously incurred with other parties being in control of the premises other than the actual owner or person whose name is on the water bill.

Council and staff discussion included: less use of soaker hoses, not eliminating the use of hand held hoses to water grass; allowing hand held hoses in all 3 stages; good language changes; the need to keep water levels up in swimming pools to avoid major damage to pools; not penalizing citizens who have week day water times; changing time to 7 p.m. for evening watering; the need to note how the Mayor's designee is designated under Section 32-141. Authorization; on page 3 of the DECP under voluntary conservation - the word "to" being added for the sentence to read "Ft. Phantom Reservoir elevation is depleted to 75% of its storage capacity"; enforcement issues; 1500 citations and 300 warnings being issued during an 18 month period, fees as recommended by the committee; explanation of the hearing process; more of an administrative process versus a criminal court process being a good change; water department field employees making every effort to obtain compliance before entering a citizen's back yard to enforce the DECP; City Attorney assuring Council it is appropriate to add a surcharge to a customer's water bill for violation of the DECP; citizen's committee recommending higher reconnect fees ($500) under these type violations for a first offense; Council's preference that reconnect fees be set at $250 for a first offense.

Council asked Ms. Simpson to express to the citizen's committee appreciation for their work on the DECP and requested their input on changes suggested at today's meeting. Ms. Simpson stated she expects to meet with the committee prior to the 2^nd reading of the Ordinance and will ask them to be present for that meeting to provide Council with their input. Mayor Barr stated all proposed changes to the DECP will be addressed at the April 26 Council meeting.

Councilwoman Alexander made a motion to approve first reading of the Ordinance amending the Drought and Emergency Contingency Plan with changes to be addressed at the second reading of the Ordinance. Councilman Carrillo seconded the motion and the motion carried.

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

NAYS: None.

City Attorney Sharon Hicks publicly noted appreciation to Attorney Megan Santee for her assistance in the rewrite of the DECP. Council asked Ms. Hicks to relay their appreciation to Ms. Santee.

4.3 Dwayne Hargesheimer, Director of Water Utilities, briefed the Council on the O. H. Ivie Pipeline project, stating the project is ready to begin.

City Manager Roy McDaniel stated on March 8, 2001, Council delayed the Ivie Project for 30 days pending additional information from RDA. Since that time, staff has had meetings with RDA, and the Mayor and some Councilmembers have visited with the Washington Department of Agriculture. Mr. McDaniel recognized Ken Martin of Jacob & Martin, Larry Jones from Rural Development, and Joe Smith, the City's financial advisor.

Mr. McDaniel stated questions that Council needs answers to are "what Rural Development grant funds as opposed to loans are available and what is the time frame to acquire those?"

Mayor Barr addressed a meeting attended by himself and Councilwoman Alexander last week in Washington, D.C. with RDA officials. The Mayor stated he left D.C. having been led to believe with a little more time there would be funding and that that time would not go over 90 days. Now the agency is stating the process might take up to a year. The Mayor noted concerns that a longer-term loan will also cost a lot more in interest.

Councilwoman Alexander stated regional water is the future and that Abilene is the lead for the small rural communities, which would be the official recipients of the RDA aid. Councilwoman Alexander further stated she left D.C. with the understanding that the City's application is a good one, that funding is available, and that the environmental assessment report is the only remaining obstacle.

Mayor Barr stated although we want to pursue this we cannot wait 12 months. Mayor Barr further stated the State RDA officials will confer with National RDA officials on April 23 and that that discussion should finally decide whether Abilene should continue pursuing the aid. Mayor Barr then suggested due to the RDA officials meeting on April 23, Council consider tabling the item until the April 26^th Council meeting.

Councilman Beckham made a motion to table the Oral Resolution concerning the O. H. Ivie Pipeline project and RD funding until the April 26^th Council meeting, setting that date as a deadline with a final decision from RDA being expected. Councilman Carrillo seconded the motion and the motion carried.

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

NAYS: None.

Mr. Hargesheimer questioned implementing the increased water charges as previously set to be effective May 1. Mr. McDaniel recommended staying with that schedule to avoid missing enhanced revenues from summer water usage. Council noted concern with the May 1^st effective date and stated the rate increase will be on the April 26^th Council agenda.

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 Councilwoman Alexander moved to approve Mayor Barr's appointments of Dan Harwell to the Civil Service Commission, term expiring 11/2001; Lori McBurney to the Housing Authority Board, term expiring 11/2001; and Gary Bomar and Hester Woods to the Keep Abilene Beautiful Board, terms expiring 11/2001 and 11/2002 respectively. Councilman Brown seconded the motion and the motion carried.

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

NAYS: None.

5.4 Councilman Brown moved to approve by Oral Resolution as recommended by City Attorney Sharon Hicks the appointment of Elaine Ferguson as a potential Assistant City Attorney pending bar exam results in May 2001. Ms. Ferguson's appointment as a legal assistant will be effective April 17, 2001 as recommended by Ms. Hicks. Councilwoman Alexander seconded the motion and the motion carried.

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

NAYS: None.

There being no further business, the meeting was adjourned at 11:55 a.m.

Jo Moore, City Secretary

Grady Barr, Mayor