The City Council of the City of Abilene, Texas, met in Regular Session on July 12, 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, Victor G. Carrillo, 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.

Mayor Barr announced he had received word that State Senator Tom Haywood had died unexpectedly this morning.

Councilman Jimmy McNeil gave the invocation.

Mayor Barr recognized Boy Scout troop #3, and troop leader Daryle Parsons, who were in attendance to earn credit toward their communication/merit badge.

Pledge of Allegiance was led by James Riley (Trip) Gibson, five-year-old son of Glen and Accounting Division employee India Gibson.

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

30 Years, Becky Windham, Accounting Program Manager, Finance

25 Years, Helen Clanahan, Secretary II, Community Development

20 Years, J. D. Webster, Jr., Heavy Equipment Operator I, Streets

Mayor Barr, assisted by Employee Committee member Donna Littlefield, presented the Employee Scholarship Fund Awards to the following individuals or their representatives: Eric Alan Plumlee, son of Alan Plumlee, Assistant Fire Chief; Joshua R. Brown, son of Donald Brown, Police Officer; Leslie Evonne Biera, daughter of Angie Biera, Customer Service Representative, Water Utility Office; Christie Rena Crim, daughter of William Crim, Firefighter; and William J. Tyler, son of Bill Tyler, Air Conditioning Specialist II.

Mr. McDaniel introduced the Wastewater Treatment Division Presentation and Mickey Chaney, Wastewater Treatment Program Manager. Mr. Chaney reviewed the division’s programs, activities and future challenges. Council stated appreciation to Mr. Chaney for the presentation and to the division for their service to the community.

No Council action was required.

There being no corrections, additions, or deletions to the June 28, 2001 Council minutes, Councilman Beckham moved to approve the minutes as printed. Councilwoman Alexander seconded the motion and the motion carried.

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

NAYS: None.

Councilman Southward moved to approve consent agenda items 3.1 through 3.4, as recommended by staff and approval of first reading of items 3.5 through 3.8. Councilman Carrillo seconded the motion and the motion carried.

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

NAYS: None.

1. Telephone system for the new Central Fire Station at 250 Grape Street, Bid #CB-1054. The bid was awarded to NTS Communications, with the most advantageous proposal in the amount of $20,677.50, as recommended by staff.

Resolutions:

2. Oral Resolution approving interlocal agreement between the City of Abilene and Abilene Independent School District to provide basic Emergency Medical Technician training for high school students.
3. Oral Resolution authorizing City Manager to execute a Professional Services Contract with Turner Collie & Braden, Inc. in the amount of $116,200.00 for the design of new signal installations and improvements at existing signalized intersections.
4. Resolution authorizing intervention in AEP/West Texas Utilities Company’s (WTU) request to the Public Utility Commission (PUC) to establish price to beat fuel factor and authorizing the hiring of attorney and consultants.

The Resolution is numbered 27-2001 and is captioned as follows:

A RESOLUTION OF THE CITY OF ABILENE AUTHORIZING INTERVENTION IN AEP/WEST TEXAS UTILITIES COMPANY’S PETITION TO ESTABLISH PRICE TO BEAT FUEL FACTOR FILED AT THE PUBLIC UTILITY COMMISSION OF TEXAS AND ASSIGNED DOCKET NO. __________; 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.

Ordinances:

5. Appealed Item: TC-01200 – Thoroughfare abandonment of a 20’ alley adjacent to Lot 29, Block A, Section 1, Elmcrest Club Addition located between 4109 and 4101 Congress, and set a public hearing for July 26, 2001 at 8:30 a.m.

AN ORDINANCE PROVIDING FOR THE ABANDONMENT OF A PORTION OF PUBLIC RIGHT OF WAY; PROVIDING FOR THE TERMS AND CONDITIONS OF SUCH ABANDONMENT, AND CALLING A PUBLIC HEARING.

6. Z-02201 – Amend PDD-65 to delete "RS-12 standards" and set new lot size and setback requirements located on Griffith Road, and set a public hearing for July 26, 2001 at 8:30 a.m.

AN ORDINANCE OF THE CITY OF ABILENE, TEXAS AMENDING CHAPTER 23, SUBPART E, "ZONING," OF THE ABILENE MUNICIPAL CODE; AND ORDINANCE NO. 28-1998 CONCERNING THE PDD #65 PLANNED DEVELOPMENT DISTRICT; DECLARING A PENALTY AND CALLING A PUBLIC HEARING; AND AN EFFECTIVE DATE.

7. Pending Appeal: Z-02301 – Rezone from RS-6 (Residential Single Family) to HC (Heavy Commercial) zoning district located at 518 Cherry Street, and set a public hearing for July 26, 2001 at 8:30 a.m. Staff and the Planning and Zoning Commission recommend denial. Deadline for applicant to appeal the Commission’s decision is 5:00 p.m., July 12, 2001.

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.

8. Ordinance establishing a hold period for personal property purchased by pawn shops operating within the City of Abilene, and set a public hearing for July 26, 2001 at 8:30 a.m.

4.1 Richard Gertson, Director of Community Development, briefed the Council on a Report on the Strategies of the Community Development Task Force. Mr. Gertson stated the Community Development Task Force completed the substance of its work in May, and the report is now in the draft stage and should be issued in August. Mr. Gertson distributed the official logo for the Task Force "Creating The Future For Abilene, Abilene. Community. Excellence. (ACE)" then stated as Council prepares for budget discussions, it would be beneficial for the members to hear a summary presentation of the Task Force strategies. The Task Force Chairman, Ray Ferguson, is out of town and has asked Woody Gilliland of the Advisory Committee to stand in his place. Mr. Gilliland will offer an overview of the Task Force, its purpose and approach then representatives from the Task Force Groups on Investment, Resources, City Services, Transportation & Tourism, and Dyess AFB will highlight their Group strategies.

Mr. Gilliland gave an overview of the Task Force, it’s purpose and approach stating Mayor Barr’s charge to the Task Force was to evaluate economic development efforts in Abilene, recommend new economic development goals and strategies and establish an effective mechanism for continuous review, revision and communication of economic development efforts. Mr. Gilliland noted over 50 volunteers were divided into five committees with12 focus areas and the five committee chairs would be presenting their groups strategy reports this morning.

George Nichols, chair of the Investment Committee, briefed the Council on the committee’s focus on strategies for business attraction and retention, downtown development and neighborhood economic/commercial development.

Dee Moore, chair of the Resources Committee, briefed the Council on the committee’s focus on strategies for studying the areas of human resources and technology.

Nicki Harle, chair of the Transportation and Tourism Committee, briefed the Council on the committees focus on strategies for aviation services and airport development, ground transportation and tourist attractions.

Celia Davis, chair of the Dyess Air Force Base Committee briefed the Council on the committees focus on strategies for DAFB and how it’s population, economy and cultural thread impact Abilene.

Kathy Webster, chair of the City Services Committee briefed the Council on the committee’s focus on strategies for community services, infrastructure and water resource planning.

The chairs noted that their committees kept at the forefront of their efforts broad-based community input, technology, regional thinking, the importance of performance measurements and goals, and that all recommendations and rejected alternatives were to be based on solid rationale. Facilitators from the Council for Urban Economic Development assisted the committees as key issues were identified and strategies to address each issue were developed and prioritized.

The twelve strategies identified as priorities were:

1. Dyess AFB Mission Growth (Encroachment/RBTI)
2. Comprehensive Land Use Plan
3. Workforce Retention
4. Development Processes
5. Downtown Development
6. Shotwell Stadium Improvements
7. Water Resources
8. Expanded Air Service
9. Advocacy (DAFB)
10. Neighborhood Development Services
11. Target Industries
12. Environmental Code Enforcement

The chairs noted that although some issues are already being addressed, some will require new funding and others will need existing resources redirected or refocused.

Mr. Gertson stated the Final Report has a "follow up" recommendation in it that addresses the need to 1) designate an internal office charged with implementing the strategies, 2) appoint a Citizen Oversight Committee that the internal office will report to and, 3) periodic status reports will be brought back to the Council.

The Council stated their appreciation to all volunteers and staff involved in the efforts of the Community Task Force. Mayor Barr emphasized the importance of the final report and stated the follow up reports are essential and will be critical to Council in determining strategies to be implemented.

No council action was required.

4.2 Sharon Hicks, City Attorney, briefed the Council on an Ordinance approving first reading of TXU (LSG) rate increase; and Resolution suspending TXU (LSG) final rate increase, pending review. Ms. Hicks stated on June 28, 2001, TXU Gas filed a Statement of Intent of TXU Gas Distribution to change the rates charged for natural gas service in Abilene. Their request is for a West Region Distribution System increase of $6.64 million or 8.76%. TXU anticipates that the average residential increase would be approximately $3.20 per month. Abilene is the regulatory authority for its incorporated city limits and has the right to review said filing. The procedural sequence of events as set forth under the Utilities Code is to pass the rate increase by ordinance on first reading (nothing is final until second reading), then by resolution suspend the rate increase for 90 days to allow city officials and consultants to review the filing, (the rate increase is automatic after 35 days, unless the City suspends it for review). After review, the City can agree with the increase, deny the increase or negotiate a rate with TXU. The last increase occurred in August 1999. TXU asked for a 9.06% increase, and the Council approved an increase of 4.9%, approximately 55% of the initial request. Staff recommends holding an initial public hearing to allow TXU to provide information, and recommends passage on the first reading of the Ordinance setting rates. Then by Resolution it is recommended that Council suspend the rate increase for 90 days to allow for review and provide authorization to the City Manager to hire rate analyst or other professionals as necessary.

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

• Mike Schweickhard, district manager for TXU reviewed for new Councilmembers the gas ratemaking process in Texas, stating in Texas cities have authority to set rates. Mr. Schweickhard addressed: the city’s and utility company’s responsibilities; options before the council today; a system rate and how city’s differ; what the rate request is based on; return earned and depreciation; impact of increase on Abilene customers; how rate is formulated; and TXU’s part in the upcoming sale of electricity.

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

Councilman Beckham made a motion to approve the first reading of the Ordinance setting the TXU (LSG) gas rate, as recommended by staff. Councilman McNeil seconded the motion and the motion carried.

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

NAYS: None.

Councilman Carrillo made a motion to approve the Resolution suspending the rate increase for 90 days to allow for review and authorize the City Manager to hire a rate analyst or other professionals as necessary, as recommended by staff.

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

NAYS: None

The Resolution is numbered 28-2001 and is captioned as follows:

Council recessed for a five minute break.

4.3 Richard Gertson, Director of Community Development, briefed the Council on the first reading of an Ordinance amending Sections 23-306.4; 23-306.5.H(13)(14)&(15); and 23-363 of the Zoning Ordinance pertaining to the location requirements and definitions for liquor related businesses, and the setting of a public hearing for July 26, 2001 at 8:30 a.m. Mr. Gertson distributed, then reviewed, information that addressed: land use regulations for alcohol-related establishments: terminology; a continuum of regulation; options; recommendations (P&Z and Administrative); and buffering requirements (proposed). Mr. Gertson also distributed survey results reflecting: separation requirements; primary vs. secondary; off-premise; method of measurement; allowing exceptions; and restrictiveness vs. State.

On June 4, 18 and July 2, the Planning & Zoning Commission held public hearings and workshops lasting a total of more than six hours on omnibus changes to the City’s alcohol land use regulations. The Commission reviewed proposals from staff on a series of limited amendments that provide latitude for land uses with few external impacts and retain our stringent requirements for more objectionable uses, and heard from the public representing various points of view. In the end, the Commission approved possible changes to regulations on wholesale and manufacturing uses grocery and convenience stores, and qualifying restaurants that serve alcohol.

The staff’s proposals as modified by the Commission are recommended as follows:

• Delete separation requirements for liquor wholesale/distribution and liquor production uses, except that such uses within church or school buffers shall not have exterior signage regarding alcohol,
• Exempt standard restaurants, under conditions, from the buffers for residential zoning, College-University zoning, churches and hospitals; delete the buffers around College-University zoning and hospitals for beer/wine only establishments (i.e., grocery and convenience stores) and clean-up and reorganize language remaining in the Ordinance.

Following Council and staff discussion, Council thanked Mr. Gertson for a clear report on a complicated subject.

Councilwoman Alexander made a motion to approve first reading of an Ordinance amending Sections 23-306.4; 23-306.5.H(13)(14)&(15); and 23-363 of the Zoning Ordinance pertaining to the location requirements and definitions for liquor related businesses, and set a public hearing for July 26, 2001 at 8:30 a.m., as recommended by staff. Councilman Beckham seconded the motion and the motion carried.

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

NAYS: None.

4.4 Dwayne Hargesheimer, Director of Water Administration, briefed the Council on the O. H. Ivie Water Supply System, Bids #CB-1043, CB-1044, and CB-1045.

Construction bids for the O. H. Ivie Project were received and opened June 28, 2001. The project was divided into three bid proposals: Pipeline Construction; Intake and Booster Pump Stations; Two Prestressed Concrete Ground Storage Tanks. The engineering firm of Freese and Nichols had submitted letters of recommendation for the Intake and Booster Pump Stations and Ground Storage Tanks. Consulting Engineers Jacob & Martin, Inc. had submitted a letter of recommendation and bid summaries for the pipeline.

The budget for this phase of the project was $37,871,500.00. Low bids for this phase are:

The remaining phases of the project are:

Based on the recommendations of our engineers, staff recommends that the City Council authorize the City Manager to execute the following: a Pipeline Construction Contract with Garney Companies, Inc., Austin, TX in an amount not to exceed $20,686,877.20; an Intake and Booster Pump Station Contract with Purcell Contracting, Meridian, TX in an amount not to exceed $12,600,000.00; and a contract with Natgun Corporation, Wakefield, MA, for Two Prestressed Concrete Ground Storage Tanks in an amount not to exceed $4,174,360.00.

Council, staff and engineers discussion included: the pipeline bid having the longest completion date, the contractors intention to use two crews if the pipe is available, the use of steel pipe versus concrete pipe, the maximum number of days it’ll take to have water running into the treatment plant and those days being noted in the specs; and the number of days required for the booster pump and ground storage tank.

Mr. McDaniel explained the paper process to be followed in waiting for funding from Rural Development, noting the contract can’t be let without the money. Mr. McDaniel stated he expects by Jan. 1, 2003 to have water flowing to the treatment plant. Council noted the possibility of using water department funds before RD funding is available if necessary.

Councilman McNeil made a motion to approve the O. H. Ivie Water Supply System, Bids #CB-1043, CB-1044, and CB-1045 and to authorize the City Manager, by Oral Resolution, to execute the contracts, as recommended by staff. Councilman Southward seconded the motion and the motion carried.

AYES: Councilmen Archibald, Southward, Carrillo, 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.

There being no further business, the meeting was adjourned at 2:05 p.m.

Jo Moore, City Secretary

Grady Barr, Mayor