July 25, 2002, 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 July 25, 2002, 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, Anthony Williams, John Hill, Jimmy McNeil, and Councilwoman Kay Alexander. Also present were City Manager Larry Gilley,
Assistant City Manager Michael Morrison, City Attorney Sharon Hicks, City
Secretary Jo Moore, and various members of the City staff.
Councilman
John Hill gave the invocation.
Pledge of Allegiance was led by Councilman Norm Archibald.
City Manager Larry Gilley introduced Ed Dye, Deputy Police Chief, who gave a presentation on the Police Department Patrol Division. Deputy Chief Dye’s presentation included review of the Department’s organizational chart and uniform services bureau and the patrol division’s budget staffing, and deployment. Chief Dye further reviewed 2001 statistics, a calls for service comparison for the past 20 years; and general comparisons with Lubbock, Grand Prairie, Waco, Carrollton, Wichita Falls, Midland, Odessa, San Angelo, Denton, and Killeen. Chief Dye addressed the Department’s retirement, attrition, and the hiring and training of new officers.
Mayor Barr and the Council thanked Deputy Chief Dye for the presentation, and stated their appreciation for the division’s work.
No Council action was required.
2.0 There being no corrections, additions, or
deletions to the July 11, 2002 Regular City Council minutes, Councilman Williams made a motion to approve
the minutes as printed. Councilman Archibald seconded the motion and the motion
carried.
AYES: Councilmen Archibald, Southward, Williams,
Hill, McNeil, Councilwoman Alexander, and Mayor Barr.
NAYS: None.
Councilwoman Alexander made a motion to approve consent agenda items 3.1 through 3.9, as recommended by staff. Councilman Southward seconded the motion and the motion carried.
AYES: Councilmen Archibald, Southward, Williams, Hill, McNeil, Councilwoman Alexander, and Mayor Barr.
NAYS: None.
Resolutions:
3.1 Oral Resolution authorizing the City Manager to execute Task Order 3 under the HNTB Airport Engineering Contract, authorizing Construction Administration and Observation Securities for the Runway 35R Safety Area Improvement and MALSAR Construction Project.
3.2 Oral Resolution approving Mayor Barr’s appointment of Nelly Carreno to serve on the City of Abilene Human Relations Committee, term expiring May 2005.
3.3 Oral resolution authorizing the City Manager to execute Task Order 4 under the HNTB Engineering Contract, authorizing an airfield electrical system analysis at Abilene Regional Airport.
3.4 Resolution authorizing the filing of applications with the U. S. Department of Transportation for grants under the Urban Mass Transportation Act of 1964, as amended.
The Resolution is numbered 22-2002 and is captioned as follows:
A RESOLUTION OF THE CITY OF ABILENE, TEXAS AUTHORIZING THE FILING OF APPLICATIONS WITH THE UNITED STATES DEPARTMENT OF TRANSPORTATION FOR GRANTS UNDER THE URBAN MASS TRANSPORTATION ACT OF 1964, AS AMENDED.
3.5 Oral Resolution approving a Street Use License request from International Consultants of the Environment for installation of monitoring wells at 3299 S. 14th St.
3.6 Oral Resolution authorizing the City Manager to execute a Professional Services Agreement with Davis, Kinard & Co., P.C. for Audit and other Accounting Services at a fee of 80% of standard hourly rates for GASB 34 assistance, implementation, CAFR conversion, and additional audit requirements. In addition, Council authorized the City Manager to execute a two year extension to the current Davis, Kinard & Co., P.C. contract for audit services at a cost of $57,000.00 in FY 03 and $59,500.00 in FY 04.
3.7 Oral Resolution authorizing Change Order No. 1 for the Northeast Outfall Sanitary Sewer with Starks Construction Company, Inc. for an additional amount of $32,000.00.
Bid Awards:
3.8 Purchase of plastic refuse containers for FY-02, Bid #CB-2087. The bid was awarded to Schaefer Systems Intl. Inc. for truck load unit prices of $38.80; and to Rehrig Pacific Co. for lots of 100 unit prices of $43.00, as recommended by staff.
Ordinances:
3.9 Ordinance amending Section 23-312 of the Zoning Ordinance pertaining to the density of multi-family residential development in the CB (Central Business) district, and set a public hearing for August 8, 2002 at 8:30 a.m.
REGULAR AGENDA
Ordinances:
4.1 Richard Gertson, Director
of Community Development, briefed the Council on an Ordinance considered on
second and final reading to rezone from AO & PDD-48 (Agricultural Open
Space & Planned Development District-48) to PDD (Planned Development
District) zoning district property located at 5500 Hwy. 277. The Planning and
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.
Council and staff discussion included: 1) the extension process already being on the thoroughfare plan, 2) set back and landscape requirements, 3) the thoroughfare plan requiring the Corsicana extension; 4) clarifying wording on information sent to residents in the future, and 5) PDD restrictions.
Councilwoman Alexander made a motion to approve the Ordinance to rezone
from Agricultural Open Space & Planned Development District-48 to Planned
Development District zoning district property located at 5500 Hwy. 277, as
recommended by the Planning & Zoning Commission and staff. Councilman Archibald seconded the motion and the motion carried.
AYES: Councilmen Archibald,
Southward, Williams, Hill, McNeil, Councilwoman Alexander, and Mayor Barr.
NAYS: None.
The Ordinance is numbered 30-2002 and is captioned as follows:
AN ORDINANCE OF THE CITY OF ABILENE, TEXAS, AMENDING CHAPTER 23, SUBPART E, “ZONING,” OF THE ABILENE MUNICIPAL CODE, CONCERNING PDD-76 PLANNED DEVELOPMENT DISTRICT; CALLING A PUBLIC HEARING; PROVIDING A PENALTY AND AN EFFECTIVE DATE.
4.2(A) Dwayne Hargesheimer, Director of Water Utilities, briefed the Council on the Drought & Emergency Contingency Plan implementations. Mr. Hargesheimer stated Stage I Water Restrictions of the Drought and Emergency Contingency Plan (DECP) went into effect for all Water Utility System customers when Lake Fort Phantom reached 10 ft. below spillway (July 2, 2001). Due to the recent July 5-7 rain event, Lake Fort Phantom is now 5.2 ft. below the spillway.
Several news articles and citizens have posed the question about whether Abilene should have year-round water conservation and should current water restrictions be lifted. The item before Council for discussion and possible action includes: 1) leaving the DECP as is; 2) amending the DECP to reflect year-round conservation measures (this would be a first reading of the Ordinance with the second reading to be held on 7/26/02); and 3) keeping or lifting restrictions.
Council and staff discussion included: 1) the ongoing need for prudent use of Abilene’s available water sources; 2) loss of water through evaporation; 3) the need for an operational plan; 4) educating the public on continuing to conserve water; 5) the proposed ordinance offering more options and flexibility but being too cumbersome in some areas to follow; 6) the “phase one and phase two” designations not being necessary; 7) swimming pool restrictions/requirements; 8) the year round water use management being a positive provision; 9) the Council’s respect of the public’s willingness to work with the city in conserving water; 10) clarifying that water customers are encouraged to water their lawns only once every seven days but can water “sections” or “areas” of their lawns if they so choose.
4.2 (B) Mayor Barr opened a public hearing on the Ordinance amending the Drought and Emergency Contingency Plan, and the following individual spoke in response to the request:
· Joe Pierce, 7858 Saddle Creek Road, stated the reasons he doesn’t agree with additional water restrictions.
Staff clarified per Council discussion recommended changes to the proposed Ordinance, and stated the Ordinance would be revised and submitted to Council prior to second reading.
Councilman Archibald made a motion to approve the first reading of the Ordinance amending the Drought & Emergency Contingency Plan, with noted changes per Council discussion. Councilman McNeil seconded the motion and the motion carried.
AYES: Councilmen Archibald, Southward, Williams,
Hill, McNeil, Councilwoman Alexander,
and Mayor Barr.
NAYS:
None.
There being no one else present and desiring to be heard, the public hearing was closed.
AN ORDINANCE AMENDING CHAPTER 32. UTILITIES, ARTICLE VI. DROUGHT AND EMERGENCY CONTINGENCY PLAN, OF THE CITY OF ABILENE MUNICIPAL CODE, BY AMENDING CERTAIN SECTIONS AS SET OUT BELOW; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENFORCEMENT; AND CALLING FOR A PUBLIC HEAIRNG.
Mayor Barr noted an additional public hearing and second and final reading of the proposed Ordinance will be held July 26, 2002 at 8:30 a.m.
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 11:35 a.m.
_____________________________ ______________________________
Jo
Moore Grady Barr
City
Secretary Mayor