October 25, 2001

CITY COUNCIL MEETING
October 25, 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 October 25, 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, Acting City Secretary Debbie Hurley, and various members of the City staff.

Councilman Kris Southward gave the invocation.

Pledge of Allegiance was led by Stacey Bland, a fifth grader at Bassetti Elementary School. Also present were Stacey's brother and mother, Betty Bland and Principal, Jennifer Raney.

Debbie Hurley, Acting City Secretary, assisted Mayor Barr in presenting the following Employee Service Award:

25 Years Jmeyer Barbian Police Sergeant
Police

Cassie Hughes, Building Official, presented a plaque dedicating the 2000 International Codes in Honor & Memory of Bob Fowler to his widow, Doris Fowler, and brother, Bill Fowler. Ms. Hughes read the plaque as follows: "The City of Abilene dedicates the adoption of the 2000 International Codes to the memory and in honor of Bob Fowler, 1934-2001, Building Official for the City of Abilene from October 1979 through December 1995. As a founding father of the International Code Council and having served in many leadership positions in local, state, national, and international professional organizations for both architects and building officials, Bob Fowler is remembered for his knowledge, leadership, vision, and encouragement to others. The impact he made in bringing together the City, design professionals, and construction industry to work together is a union that continues to be felt today and a tribute to Bob".

Mayor Barr presented a Proclamation for October 25, 2001 as "Physically Handicapped Awareness Day".

Mr. McDaniel introduced Alan Plumlee, Assistant Fire Chief who, assisted by Firefighter John Smith, gave a PowerPoint presentation on the Fire Department Operations Division.

Council thanked Assistant Chief Plumlee for the presentation.

No Council action was required.

DISPOSITION OF MINUTES

There being no corrections, additions, or deletions to the October 11, 2001 Regular Council Meeting minutes, Councilman Archibald moved to approve the minutes as printed. Councilman Southward seconded the motion and the motion carried.
AYES: Councilmen Archibald, Southward, Beckham, McNeil, Councilwoman Alexander, and Mayor Barr.
NAYS: None.

CONSENT AGENDA
Consent agenda Item 3.4 was removed from the Consent Agenda to be considered separately at the request of Councilman Southward. Councilman Southward moved to approve consent agenda items 3.1 through 3.3, and 3.5 through 3.8, 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.

Resolutions:
3.1 Oral Resolution approving street use license request from OES Environmental, Inc. for installation of monitoring wells related to 3382 N. 10th St.

3.2 Resolution endorsing, supporting and encouraging the passage by the voters of Texas of Proposition 15 "The Texas Mobility Fund" on the November 6th General Election ballot.

The Resolution is numbered 38-2001 and is captioned as follows:

A RESOLUTION OF THE CITY OF ABILENE ENDORSING, SUPPORTING AND ENCOURAGING THE PASSAGE BY THE VOTERS OF ABILENE OF PROPOSITION 15 "THE TEXAS MOBILITY FUND" ON THE NOVEMBER 6TH GENERAL ELECTION BALLOT

3.3 Resolution supporting passage of Constitutional Amendment Proposition 2 on the November 6, 2001 constitutional amendment election ballot.

The Resolution is numbered 39-2001 and is captioned as follows:

A RESOLUTION SUPPORTING PASSAGE OF PROPOSITION 2 ON THE NOVEMBER 6, 2001 CONSTITUTIONAL AMENDMENT ELECTION BALLOT

3.4 Oral Resolution authorizing the City Manager to execute a contract with Neighborhood America, Inc., for web-based public participation and planning services. Removed from the consent agenda to be considered separately at the request of Councilman Southward.

3.5 Resolution authorizing the City Manager to sign an Electric Supply Agreement with the winning bidder for the electric load of Cities Aggregation Power Project upon confirmation of economic benefit to the City.

The Resolution is numbered 40-2001 and is captioned as follows:

A RESOLUTION OF THE CITY OF ABILENE, TEXAS AUTHORIZING THE CITY MANAGER TO SIGN AN ELECTRIC SUPPLY AGREEMENT WITH THE WINNING BIDDER FOR THE ELECTRIC LOAD OF CITIES AGGREGATION POWER PROJECT, INC. UPON CONFIRMATION OF ECONOMIC BENEFIT TO THE CITY.

Award of Bid:
3.6 Award of Contract for City's Employee Assistance Program (EAP), Proposal #CB-1050.
The bid was awarded as recommended by staff to the Worker Assistance Program, Austin, Texas, at a rate of $1.47 per employee per month for the duration of the contract. The contract will be for a one-year period with the City of Abilene reserving the option to renew for three additional one-year terms at the same terms and conditions.

3.7 Award of Agricultural Leases; one Airport tract and one Zoo tract, Bid #CB-2002. The bid was awarded to David Lenz, the sole bidder, in the amount of $1,685.00 per year for three years, as recommended by staff.

3.8 Sale of City Property, Lots 5 and 6, Block 68, Original Town, Bid #CB-2007. The bid was awarded to Jeff Luther Construction in the amount of $15,600.00, as recommended by staff.

REGULAR AGENDA

Resolutions:
3.4 Oral Resolution authorizing the City Manager to execute a contract with Neighborhood America, Inc., for web-based public participation and planning services was removed from the Consent Agenda to be considered separately at the request of Councilman Southward. Ronnie Kidd, Director of Information Technology, briefed the Council on the item. Mr. Kidd listed the four categories of the services provided as public information sites, public comment tools, online public survey, and internal communications manager. Virginia Owens, Planner III, through the PowerPoint program linked to the Neighborhood America website for Council, and demonstrated the features, including the automatic survey results. Staff recommends approval.

Council and staff discussion included: Neighborhood America being responsible for production and Community Development staff being responsible for providing information, the number of hits expected, if there are extra charges for surveys, the $200 per month site maintenance, how Neighborhood America was selected and the extent of research done on the services, local providers vs. National, and if the item had gone through the bid process.
Councilman Archibald made a motion to table the Oral Resolution authorizing the City Manager to execute a contract with Neighborhood America, Inc., for web-based public participation and planning services until the November 1, 2001 council meeting. Councilman Southward seconded the motion and the motion carried.
AYES: Councilmen Archibald, Southward, Beckham, McNeil, Councilwoman Alexander, and Mayor Barr.
NAYS: None.

4.1 Jeff Armstrong, Development Services Administrator, briefed the Council on an Ordinance considered on second and final reading: Z-03701 - Rezone from LI (Light Industrial) to HC (Heavy Commercial) zoning district property located at 150 Locust. The Planning & Zoning Commission and staff recommend approval.

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

· Tim McClarty, architect for the proponent, stated options for tenant parking, and noted that parking issues will be resolved.

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

Councilwoman Alexander made a motion to approve the Ordinance to rezone from Light Industrial to Heavy Commercial zoning district property located at 150 Locust, as recommended by the Planning & Zoning Commission 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 Ordinance is numbered 32-2001 and is captioned as follows:

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.

4.2 Jeff Armstrong, Development Services Administrator, briefed the Council on the Appealed Item; Ordinance considered on second and final reading - Z-03801 - Rezone from AO (Agricultural Open Space) to MH (Mobile Home) zoning district property located at 8150 Hwy. 80 West. The Planning & Zoning Commission and staff recommend denial.

Mayor Barr opened a public hearing on the item, and the following individuals spoke in response to the request:

· Darlene Robison, daughter of the proponent and owner of the Motocross track, addressed the need for property protection due to recent thefts. Ms. Robison also stated there have been homes moved in across from Dyess, and distributed pictures of the homes to Council.

· Chuck Cyr, Base Planner at Dyess, stated the trailers mentioned by Ms. Robison are in Tye, not Abilene. Mr. Cyr referenced the study to mitigate noise, stating the Airforce tries to work with cities in these matters.

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

Councilwoman Alexander made a motion to deny the request to rezone from Agricultural Open Space to Mobile Home zoning district property located at 8150 Hwy. 80 West, as recommended by the Planning & Zoning Commission and staff. Councilman McNeil seconded the motion and the motion carried.
AYES: Councilmen Archibald, Southward, Beckham, McNeil, Councilwoman Alexander, and Mayor Barr.
NAYS: None.

The request was DENIED.

4.3 Jeff Armstrong, Development Services Administrator, briefed the Council on an Ordinance considered on second and final reading - Z-03901 - Rezone from LI (Light Industrial) to CB (Central Business) zoning district property located between N. 1st & N. 2nd Streets and Walnut & N. Treadaway. 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.

Councilman McNeil made a motion to approve the Ordinance to Rezone from Light Industrial to Central Business zoning district property located between N. 1st & N. 2nd Streets and Walnut & N. Treadaway as recommended by the Planning & Zoning Commission and staff. Councilwoman Alexander seconded the motion and the motion carried.
AYES: Councilmen Archibald, Southward, Beckham, McNeil, Councilwoman Alexander, and Mayor Barr.
NAYS: None.

The Ordinance is numbered 33-2001 and is captioned as follows:

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.

Councilman McNeil moved to approve Mayor Barr's appointment of Ray Ferguson and reappointment of Ken Burgess, Sr. to the Development Corporation of Abilene, terms expiring 11/2004. Councilman Archibald seconded the motion and the motion carried.
AYES: Councilmen Archibald, Beckham, Southward, McNeil, Councilwoman Alexander, and Mayor Barr.
NAYS: None.

There being no further business, the meeting was adjourned at 11:40 a.m.

_____________________________ ______________________________
Debbie Hurley Grady Barr
Acting City Secretary Mayor