CITY COUNCIL MEETING
June 14, 2001, 8:30 A.M.
CITY COUNCIL OF THE CITY OF ABILENE, TEXAS
CITY COUNCIL CHAMBERS OF CITY HALL
The City Council of the City of Abilene, Texas, met in Regular Session on June 14, 2001, at 8:30 a.m. in the City Council Chambers of City Hall. Mayor Grady Barr was present and presiding with Councilmen Norm Archibald, Kris Southward, Rob Beckham, Jimmy McNeil, 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 Victor G. Carrillo was absent.
Mayor Barr announced that Councilman Carrillo is participating in an internship for Congressman Stenholm in Washington, D. C. and will return in July.
Councilman Kris Southward gave the invocation.
Pledge of Allegiance was led by Sheridan Hicks, a fourth grader at Wylie Intermediate. Sheridan’s mother, City Attorney Sharon Hicks and her father, Bill Hicks were in attendance.
Mayor Barr introduced Sarah Hannah, Airport Contracts & Concessions Manager, who recognized the AISD MIMES students (Mentoring Industrious Minds and Educating Students) in attendance, and gave a short overview of the MIMES program.
Mayor Barr welcomed Mark Phillips, Mayor Pro Tempore of Goosecreek, South Carolina, who is in town visiting his son and daughter-in-law, Aaron and Tracy Phillips. Tracy is a Management Assistant in the City Manager’s office.
Mayor Barr presented a proclamation for June 14, 2001, as "Flag Day", then introduced a group of singers representing the Abilene Chapter for the Preservation and Encouragement of Barbershop Quartets Singing in America. The group led the audience in the singing of the National Anthem.
Mayor Barr asked Mr. McDaniel to introduce the Water Office Division/Customer Service Presentation. Mr. McDaniel introduced Linda Simpson, Assistant Director of Water Utilities. Ms. Simpson reviewed the division’s customer service, utility services, public office, and service center. Council noted improvements that have been made by the division in the area of customer service and stated appreciation to Ms. Simpson for the presentation.
No Council action was required.
DISPOSITION OF MINUTES
There being no corrections, additions, or deletions to the May 24, 2001 Council minutes, Councilman Southward moved to approve the minutes as printed. Councilwoman Alexander seconded the motion and the motion carried.
AYES: Councilmen Archibald, Southward, Beckham, McNeil, Councilwoman Alexander, and Mayor Barr.
NAYS: None.
CONSENT AGENDA
Councilman Beckham requested Item 3.1 be removed from the Consent Agenda to be considered separately. Councilman McNeil moved to approve consent agenda items 3.2 through 3.10, as recommended by staff and approval of first reading of item 3.11. Councilwoman Alexander seconded the motion and the motion carried.
AYES: Councilmen Archibald, Southward, Beckham, McNeil, Councilwoman Alexander, and Mayor Barr.
NAYS: None.
Bid Awards:
Resolutions:
The Resolution is numbered 23-2001 and is captioned as follows:
CONFIRMING A HEARING OFFICER IN CONNECTION WITH THE ISSUANCE OF OBLIGATIONS BY THE CITY OF TATUM, TEXAS HIGHER EDUCATION FACILITIES CORPORATION FOR THE BENEFIT OF ABILENE CHRISTIAN UNIVERSITY AND AUTHORIZING THE MAYOR OF THE CITY OF ABILENE TO APPROVE CERTAIN MATTERS AS REQUIRED BY SECTION 147(f) OF THE INTERNAL REVENUE CODE.
Ordinances:
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.
REGULAR AGENDA
3.1 Contract for Printing & Copying Services with R&R Printing & Reproduction, Proposal #CB-1035. Removed from the Consent Agenda to be considered separately at the request of Councilman Beckham. Assistant Director of Administrative Services Odis Dolton briefed the Council on the contract for printing and copying services item, noting that the City has outsourced printing and copying services since the on-site Print Shop was closed in June 1998. Since that time, the City has contracted with R&R Printing and Reproduction. That original contract expires in June, 2001. Requests for Proposal (RFPs) for printing and copying services were published on April 22nd and April 29th, 2001, and proposals were opened on May 8, 2001. Thirteen RFPs were distributed to vendors; six proposals were returned by the deadline. Of the six proposers, four did not submit complete packets and were rejected on that basis. Mr. Dolton clarified that none of the six proposers submitted total complete packets but LePrint and R&R sent in the most information. LePrint provided the lowest per unit price on most items; however, the references submitted indicated they have never provided services to a client as large as the City. They also have only two employees. After an extensive review of the proposals, staff recommends the contract be awarded to R&R Printing & Reproduction who substantially complies with the City’s specifications, and whose proposal is the most advantageous to the City of Abilene. The contract will be for a one-year period with the City of Abilene reserving the option to renew for two additional one-year periods at the same terms and conditions.
Discussion among Council and staff included: more information being needed, no company having submitted a complete proposal packet, concerns over cost variances, staff contacting the other four companies to assure that the City is being thorough and fair and making the best decision and is giving every opportunity to all companies involved, and the interlocal agreement with Taylor County being a factor in the recommended award.
Councilman Beckham made a motion to table the Proposal for Contract for Printing & Copying Services with R&R Printing & Reproduction until the June 28, 2001 Council meeting. Councilman Archibald seconded the motion and the motion carried.
AYES: Councilmen Archibald, Southward, Beckham, McNeil, Councilwoman Alexander, and Mayor Barr.
NAYS: None.
Resolutions:
4.1 Lisa Hughes, Director of Economic Development, briefed the Council on a Resolution adopting a revised Property Tax Abatement Policy. Ms. Hughes stated the Property Redevelopment and Tax Abatement Act allows the City to designate an area as a reinvestment zone for the purpose of abating real and/or personal property taxes. The Act states, in part, that an area may be designated as a reinvestment zone if it is "reasonably likely as a result of the designation to contribute to the retention or expansion of primary employment or to attract major investment in the zone that would be a benefit to the property and that would contribute to the economic development of the municipality." The City Council originally approved a resolution for the City to participate in tax abatement and the first Tax Abatement Policy in January 1989. Since that time, five tax abatement agreements have been approved by City Council, and two are still active. The Act states that a policy adopted is in effect for two years unless amended or repealed by a three-fourths vote. The last revised policy was adopted by City Council in April of 1999. Staff believes tax abatement should continue to be available as an incentive tool for use in recruiting new or expanded business to Abilene; however, it will be used sparingly in favor of other economic development tools available to accomplish this mission. The revised Property Tax Abatement Policy sets out guidelines and criteria governing all tax abatement agreements executed by the City Council and includes the following changes: 1) reduce abatement for retail businesses from 10 to 5 years maximum to reflect prevailing trends in retail activity; and 2) require that most new industrial, manufacturing, distribution and service business jobs comply with a "minimum wage" level, which specifies a minimum hourly wage paid of $3.00/hour over the current federal minimum wage if the company has a health benefits plan and $4.25/hour over the minimum wage if the company does not have a health benefits plan. The Development Corporation of Abilene, Inc. (DCOA) and staff recommend approval of the Resolution adopting a revised Property Tax Abatement Policy.
Councilwoman Alexander made a motion to approve the Resolution adopting a revised Property Tax Abatement Policy as recommended by the DCOA and staff. Councilman Archibald seconded the motion and the motion carried.
AYES: Councilmen Archibald, Southward, Beckham, McNeil, Councilwoman Alexander, and Mayor Barr.
NAYS: None.
The Resolution is numbered 24-2001 and is captioned as follows:
A RESOLUTION DECLARING THE CITY COUNCIL OF THE CITY OF ABILENE, TAYLOR COUNTY, TEXAS, ELECTS TO ADOPT A REVISED PROPERTY TAX ABATEMENT POLICY SETTING OUT GUIDELINES AND CRITERIA IN ACCORDANCE WITH TEXAS TAX CODE ANN. §312.001 ET. SEQ., OTHERWISE KNOWN AS THE PROPERTY REDEVELOPMENT AND TAX ABATEMENT ACT ("ACT"), GOVERNING THE CREATION OF TAX ABATEMENT REINVESTMENT ZONES AND THE EXECUTION OF ALL TAX ABATEMENT AGREEMENTS BY THE CITY.
4.2 Sharon Hicks, City Attorney, briefed the Council on a Resolution of the City of Abilene authorizing intervention in TXU’s gas cost reconciliation case #9180. Ms. Hicks stated TXU Gas is planning to file a major gas cost reconciliation case at the Texas Railroad Commission at the end of June. At issue will be the prudence and reasonableness of $1.1 billion in gas costs recovered in the 36 months ending in the fall of 2000. Primary responsibility for review of the Company’s gas procurement practices and the reasonableness of gas purchases will rest with the Cities. This is a statewide case and will involve voluminous records. The case will require an expedited review by consultants from June 30 through August 30, 2001. Thus, it is critical to have a group of cities prepared to intervene on June 30 and to have consultants available on that date with the resources to commence immediate work. Delaying City action until after the company makes its formal filing will nullify any effective review. Staff recommends Council approve the Resolution authorizing intervention in TXU’s Gas Cost reconciliation case #9180.
City Manager Roy McDaniel stated that normally this item would be brought to Council after the request had been filed, but it is being presented today due to the large amount of money involved and TXU’s plans to move quickly in seeking consideration of its request by the Texas Railroad Commission.
Councilman Southward made a motion to approve the Resolution authorizing intervention in TXU’s gas cost reconciliation case #9180, as recommended by staff. Councilman Archibald seconded the motion and the motion carried.
AYES: Councilmen Archibald, Southward, Beckham, McNeil, Councilwoman Alexander, and Mayor Barr.
NAYS: None.
The Resolution is numbered 25-2001 and is captioned as follows:
A RESOLUTION OF THE CITY OF ABILENE AUTHORIZING INTERVENTION BEFORE THE RAILROAD COMMISSION OF TEXAS IN GUD NO. 9180 OR A SUCCESSOR DOCKET; AUTHORIZING PARTICIPATION WITH OTHER CITIES SERVED BY TXU GAS DISTRIBUTION IN ADMINISTRATIVE AND COURT PROCEEDINGS INVOLVING TXU GAS COST RECONCILIATION MATTERS RELATED TO A FILING MADE IN THE SUMMER OF 2001 AS DIRECTED BY A STEERING COMMITTEE OF CITIES; DESIGNATING A REPRESENTATIVE OF THE CITY TO SERVE ON A STEERING COMMITTEE; REQUIRING REIMBURSEMENT OF REASONABLE RATE CASE EXPENSE.
4.3 Elizabeth Grindstaff, Planning Services Administrator, briefed the Council on a Resolution authorizing the use of the Transportation Equity Act for the 21st Century ("TEA-21") funds and local funds for the Abilene Bicycle and Pedestrian Trail System. Ms. Grindstaff introduced Virginia Owens, Planner III, who was the primary staff involved in the application process. Ms. Grindstaff stated the Texas Department of Transportation has put out a final project call for projects funded by the Statewide Transportation Enhancement Program, a component of the federal Transportation Equity Act for the 21st Century (TEA-21). Planning Services staff has developed a bicycle and pedestrian trail system that will network various areas of the city most frequented by the public. The trail system complements previously adopted plans named in the 1997 Parks & Recreation Master Plan and the 2000 City of Abilene Thoroughfare Plan. The trial system is an eligible project and similar to others that have been very favorably viewed by the program review committee and the Transportation Commission. Phase I, the subject of this application, represents a series of 17 links that include bicycle paths, lanes, and routes. Phase I will provide east/west access through the city along Business 80. North/south corridors are established along Cedar and Catclaw Creeks as well as Dub Wright Blvd. These connections are made along existing rights-of-way, easements and existing streets connecting multiple parks, the zoo and fair grounds, Dyess AFB, downtown, Hendrick Medical Center, Abilene Christian University, and Hardin-Simmons University. The TEA-21’s Statewide Enhancement Program requires a 20% local match to the 80/% provided by federal funds. Local funding options include, but are not limited to the CIP, in-kind donations, other grants, and private contributions. Phase I total costs are $36,772,504 as projected by the consulting firm. Staff recommends approval of the written Resolution nominating the project to TxDOT for consideration in the Statewide Transportation Enhancement Program. The Planning and Zoning Commission, Parks & Recreation Board, and Abilene MPO support staff’s recommendation.
Ms. Grindstaff stated TxDOT has recommended multiple applications be submitted and that staff will submit the applications in the following prioritized order:
Council and staff discussion included: if funding is approved it will be for project or projects as prioritized and submitted by the city, the time involved to acquire the city’s match, development cost, eligible expenses, application must show community support, the award date traditionally being in November, and letters of support are being obtained from legislators.
Councilwoman Alexander made a motion to approve the Resolution authorizing the use of the Transportation Equity Act for the 21st Century ("TEA-21") funds and local funds for the Abilene Bicycle and Pedestrian Trail System as recommended by staff. Councilman McNeil seconded the motion and the motion carried.
AYES: Councilmen Archibald, Southward, Beckham, McNeil, Councilwoman Alexander, and Mayor Barr.
NAYS: None.
The Resolution is numbered 26-2001 and is captioned as follows:
A RESOLUTION OF THE CITY OF ABILENE, TEXAS, AUTHORIZING THE USE OF THE TRANSPORTATION EQUITY ACT FOR THE 21ST CENTURY ("TEA-21") FUNDS AND LOCAL FUNDS FOR THE ABILENE BICYCLE AND PEDESTRIAN TRAIL SYSTEM.
4.4 Dwayne Hargesheimer, Director of Water Administration, presented the Council with background information that led to today’s Report from CH2M Hill on a membrane filtration system for the new water treatment plant; and a Oral Resolution approving a contract with the most advantageous membrane equipment supplier. Mr. Hargesheimer stated in September 2000, the engineering firm of CH2M Hill, Inc. extended invitations to suppliers of membrane filtration equipment to pilot test O. H. Ivie raw water. Two companies, Zenon Environmental, Inc. and PALL Corporation responded. These two companies completed a four-month pilot test May 15, 2001. Sealed competitive proposals were requested from these two suppliers under the high technology procurement statutes. The proposals included the performance results of the pilot test and a 20-year lifecycle cost for operations of their systems. The lifecycle costs included the support facilities required to support this system. Staff recommends that, by oral resolution, the City Council authorize the City Manager to execute a contract with the most advantageous supplier. Mr. Hargesheimer then introduced David Lewis with CH2M Hill, Inc., who distributed a technical summary of the microfiltration/ultrafiltration (MF/UF) pilot test performance and summary of the cost proposals for the procurement of MF/UF membrane equipment at the City of Abilene Southside Water Treatment Plant. The MF/UF products tested were the Pall Corporation Microza MF system and the Zenon ZeeWeed® UF system. The summary included the technical evaluation of the pilot facilities, evaluation of cost proposals, evaluation of non-cost factors, discussion and CH2M Hill’s recommendation for membrane equipment supplier.
Mr. Lewis presented an overview of the project summarizing the recommendation that the City select PALL Corp. for the supplier of MF/UF equipment to the Southside Water Treatment Plant based on 1) their ability to perform, 2) lower costs, 3) less support facility being required, and 4) their agreeing to perform additional piloting.
Council, staff, and CH2M Hill representative discussion included: the life expectancy of the membranes and what they are susceptible to, warranty on the membranes and their replacement cost, concerns over whether we are designing the best system considering the two other water supplies of Ft. Phantom and Hubbard, benefits concerning this allowing access to a new water supply to reduce overall demand on a seasonal or yearly basis to Fort Phantom & Hubbard 1) extends life of Ft. Phantom, 2) water source less expensive than Hubbard, and 3) eliminates water rationing; expandable project capacity; 12 mgd and 8 mgd cost comparisons; 36" vs. 24" lines; future technical changes in the pipeline being minimal; wisdom in building the facility to maximize Ivie water; the regional and economic benefits of the project; and PALL having met all conditions and guarantees but if Council awards to PALL and for some reason the agreement cannot be executed, then this item will come back to Council.
Councilman Beckham moved to approve, by Oral Resolution, authorizing the City Manager to execute a contract with PALL Corp. of East Hills, NY as the most advantageous supplier of MF/UF equipment to the Southside Water Treatment Plant, setting specifications for the facility for 12 mgd with consideration not being given to the membranes or injection components, and approving the membranes for 8 mgd. Councilman McNeil seconded the motion and the motion carried.
AYES: Councilmen Archibald, Southward, Beckham, McNeil, Councilwoman Alexander, and Mayor Barr.
NAYS: None.
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 Mayor Barr recommended board appointments and reappointments as follows:
Abilene Higher Education Facilities Corp.; 2 yr. terms
Re-appoint: John Combs, Scott Dueser, Robert Shimp
Appoint:
Craig Turner
City Link ADA Advisory Board; 3 yr. terms
Re-appoint: James Shepard, Karen Presley
Appoint: Pam Barnhill from Alternate to At-Large.
Civic Abilene, Inc.; 3 yr. terms
Re-appoint: Stephen Leggett, Peggy Manning, Joe Russey
Appoint: John Neese, Mike Warren
Human Relations Committee; 3 year terms
Re-appoint: Willie Cooper, Kenneth Shuler
Appoint: La Shae Sloan, Kay Reeves, Alecia Gayle McDaniel, term expires 5/2002, Gordon Storey, term expires 5/2002
Parks & Recreation Board: 3 yr. terms
Re-appoint: Gail Russey, Judd White
Senior Citizens Advisory Board; 2 yr. terms
Re-appoint: Van Boozer, Hazel Forkerway, John Goode, Paul Rehm
West Central Texas Municipal Water District: 2 yr. terms
Re-appoint: Russell Berry, Ray Ferguson, Kathy Webster
Councilman Archibald moved to approve Mayor Barr's board appointments and reappointments as listed above. Councilwoman Alexander seconded the motion and the motion carried.
AYES: Councilmen Archibald, Southward, Beckham, McNeil, Councilwoman Alexander, and Mayor Barr.
NAYS: None.
5.4 Councilman Southward moved to approve by Oral Resolution the hiring of Angela Burnett as an Attorney I, effective June 19, 2001 as recommended by Ms. Hicks. Councilman McNeil seconded the motion and the motion carried.
AYES: Councilmen Archibald, Southward, Beckham, McNeil, Councilwoman Alexander, and Mayor Barr.
NAYS: None.
There being no further business, the meeting was adjourned at 12:25 p.m.
Jo Moore, City Secretary
Grady Barr, Mayor