February 27, 2003, 8:30 A.M.
CITY COUNCIL OF THE CITY OF
ABILENE, TEXAS
The
City Council of the City of Abilene, Texas, met in Regular Session on February 27, 2003, 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, and Councilwoman Kay Alexander. Also present were City Manager Larry Gilley,
City Attorney Sharon Hicks, City Secretary Jo Moore, Assistant City Managers
Michael Morrison and Kathy Merrill, and various members of the City staff. Councilman Jimmy McNeil was absent.
Councilwoman
Kay Alexander gave the invocation.
Pledge of Allegiance was led by Tyarra Neal, a third grader at Jane Long Elementary. Tyarra's principal, Mrs. Leong, was in attendance.
Mayor
Barr presented a proclamation for March, 2003 as “Race Abilene month” to representatives from Abilene Dragstrip; Abilene Speedway;
and Mesquite Hills Motocross Park.
2.0 There being no corrections, additions, or
deletions to the February 6, 2003 Joint City Council/Planning &
Zoning Commission meeting; and February 13, 2003 Regular City Council Meeting,
Budget Workshop, and Special Council Meeting Minutes, Councilman Southward made a
motion to approve the minutes as printed.
Councilman Archibald seconded
the motion and the motion carried.
AYES: Councilmen Archibald, Southward, Williams, Hill, Councilwoman Alexander, and Mayor Barr.
NAYS: None.
Councilman Archibald made a motion to approve consent agenda items 3.1 through 3.4, as recommended by staff. Councilman Williams seconded the motion and the motion carried.
AYES: Councilmen Archibald, Southward, Williams, Hill, Councilwoman Alexander, and Mayor Barr.
NAYS: None.
Resolutions:
3.1 Oral Resolution approving an Interlocal Agreement with Taylor County for Use of Office Space at the Taylor County Plaza.
3.2 Oral Resolution approving a Street Use License Agreement with ALON USA, LP for operating and maintaining an 8" pipeline under the Military Drive public right-of-way just west of the Air Base Spur railroad.
3.3 Oral Resolution approving a Street Use License Agreement with St. Paul United Methodist Church, 525 Beech Street.
Bid Awards:
3.4 Cedar Gap Outfall Sanitary Sewer, Bid #CB-3025. The bid was awarded to Starks Construction Co., Abilene, Texas, the lowest responsible bidder, for an amount not to exceed $432,681.75, as recommended by staff.
REGULAR AGENDA
Ordinances:
4.1 Jeff
Armstrong, Development Services Manager, briefed the Council on an Ordinance
considered on second and final reading - Z-00403 – Rezone from AO (Agricultural Open Space) to RS-8
(Residential Single Family) zoning district property located in the 5500 block
of Buffalo Gap Road. Mr. Armstrong
stated the applicant wishes to develop a standard residential subdivision that
will contain 48 dwelling units. Mr.
Armstrong further stated that although a few adjacent property owners have
expressed concern over drainage, any required stormwater improvements and
easements would be addressed during the platting phase. The proposed rezoning conforms to the
Buffalo Gap Road Corridor study. The Planning and Zoning Commission and staff recommend
approval of the Ordinance.
Mayor Barr opened a public hearing on the item, and the following individual spoke in favor of the request:
· David Todd, representing the developer of the project, stated an easement would allow water to flow and be controlled on the far east side of the property.
There being no one else present and desiring to be heard, the public hearing was closed.
Councilman Hill made a motion to approve the Ordinance to rezone
from Agricultural Open Space to Residential Single Family zoning district
property located in the 5500 block of Buffalo Gap Road, as recommended by the
Planning & Zoning Commission and staff.
Councilwoman Alexander seconded the
motion and the motion carried.
AYES: Councilmen Archibald,
Southward, Williams, Hill, Councilwoman Alexander, and Mayor Barr.
NAYS:
None.
The Ordinance is numbered 5-2003 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 David Wright, Director of Finance, briefed the Council on an Ordinance considered on second and final reading amending the gas franchise, and a compromise, settlement, and release agreement with TXU Gas Company regarding payment of franchise fees. Mr. Wright stated this item is an amendment to the City's gas franchise ordinance that simply clarifies how franchise fees are calculated and the service categories that are included in the calculation. TXU Gas has requested the amendment in order for Abilene's ordinance to be identical to other cities that they serve. The amendment is the result of a lawsuit settlement that TXU Gas has reached with other cities. In June 2002, the City of Denton filed a lawsuit against TXU Electric which included claims arising out of electric and gas franchise agreements; specifically, the suit involved a dispute regarding the calculation and amount of franchise fees paid by TXU Electric and TXU Gas. Thirty-six cities joined the City of Denton in this lawsuit, which has recently been settled by agreement. TXU Gas has decided to offer the terms of the settlement agreement to all cities served by the company. Generally, the terms include a cash payment in exchange for a release from any claims related to any franchise fee calculations prior to January 1, 2002, as well as an ordinance, which amends the gas franchise agreement to include additional categories of revenue in the franchise fee calculation from and after January 1, 2002. This amendment does not resolve a current issue the City has with TXU Gas. Staff recommends that the City Council hold the public hearing and approve the Ordinance on second and final reading, and staff recommends approval of the settlement agreement.
Mayor Barr opened a public hearing on the item, and the following individual spoke in response to the request:
· Mike Schweickhard, 4018 Bay Hill, TXU representative. Mr. Schweickhard reiterated the staff's comments concerning the amendment to the gas franchise Ordinance and the settlement agreement. Mr. Schweickhard addressed the mechanism for funding the settlement would be through a surcharge to the customers over a 36-month period. Mr. Schweickhard noted the surcharge would have previously been charged to the customer had it been in effect.
There being no one else present and desiring to be heard, the public hearing was closed.
Sharon Hicks, City Attorney, stated Abilene's franchise already included the issues addressed in the settlement, and therefore, there is no material impact to Abilene's franchise fees. Ms. Hicks further stated TXU Gas has offered a settlement of $195,719.27, based on the method used in the settlement with the cities involved in the lawsuit. Ms. Hicks recommended Council approve the Ordinance and agreement, subject to the City Manager and City Attorney working with TXU on language clarification to Section 1:B(2) of the Ordinance.
Councilman Archibald made a motion to approve the Ordinance
considered on second and final reading amending the gas franchise, subject to
the City Manager and City Attorney working with TXU on language clarification
to Section 1:B(2) of the Ordinance, and
by Oral Resolution approve a compromise, settlement, and release agreement with
TXU Gas Company regarding payment of franchise fees. Councilman Williams seconded the motion and the motion carried.
AYES: Councilmen Archibald,
Southward, Williams, Hill, Councilwoman Alexander, and Mayor Barr.
NAYS:
None.
The Ordinance is numbered 6-2003 and is captioned as follows:
AN ORDINANCE AMENDING THE EXISTING
GAS FRANCHISE BETWEEN THE CITY OF ABILENE, AND TXU GAS COMPANY, TO PROVIDE FOR
A DIFFERENT CONSIDERATION AND TO AUTHORIZE THE LEASE OF FACILITIES WITHIN THE
CITY’S RIGHTS-OF-WAY; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ACCEPTANCE BY
TXU GAS COMPANY; AND CALLING A PUBLIC HEARING.
Resolutions:
4.3 Dan Weber, Airport Director, briefed the Council on authorizing the City Manager, by Oral Resolution, to execute a professional services contract with Simat, Helliesen and Eichner, Inc., to perform an Air Service Analysis and Development Study for Abilene Regional Airport. Mr. Weber recognized Airport Development Board chair Larry Gill, member Joe Crowder, and Airport Business Development Manager Chris Proctor-Cleveland. Mr. Weber stated funding from the Development Corporation of Abilene (DCOA) and a U. S. Department of Transportation grant have combined to fund a Business Development Program at the airport, which has as one of its goals, the development of improved passenger air service. Recruiting improved air service requires in-depth market research and analysis, which is most effective when performed by a consultant with whom the airline industry is familiar. Therefore, the cornerstone of staff's efforts is the commissioning of an Air Service Analysis and Development Study by a reputable consultant.
Four candidate consultants responded to staff's request for letters of interest and qualifications. A selection committee, comprised of two Airport Development Board members, the Airport Director, and the Business Development Manager, selected two finalists. The finalists were interviewed via teleconference and the selection committee unanimously selected Simat, Helliesen and Eichner, Inc. (SH&E, Inc.) as the best qualified to perform the services sought.
A scope of services and fee was negotiated with the consultant, which provides for a kickoff meeting with local stakeholders, data collection, market research and analysis; summary of market findings and recommendations on target markets and air carriers; route analyses and forecasts for targeted air carriers; two air carrier meetings and presentations, with an option for a third. The fee for services is $51,000 plus travel expense estimated at $4,500 for five trips, for a total amount of $55,500. Should the City exercise their option to perform a third targeted airline route demand and financial analysis and meeting/presentation, the additional costs would be $13,000 plus travel expenses estimated at $1,500, bringing the overall estimated contract cost to $70,000, pending actual reimbursable expenses. The project is funded 100% by DCOA and U. S. Department of Transportation grant funds and will have no impact to the City's General Fund. The Selection Committee and staff recommends the City Council authorize the City Manager to execute a professional services contract with Simat, Helliesen and Eichner, Inc. to perform Air Service Analysis and Development Study for Abilene Regional Airport, to include two airline meetings/presentations and an option for a third.
Council and staff discussion included: 1) concern with timing due to the bankrupt status of many airlines; and 2) airlines having adjusted capacities and comprehensive studies to address negative issues.
Councilwoman
Alexander made a motion, by Oral Resolution,
to authorize the City Manager to
execute a professional services contract with Simat, Helliesen and Eichner, Inc.
to perform Air Service Analysis and Development Study for Abilene Regional
Airport, to include two airline meetings/presentations and an option for a
third, as recommended by the Selection Committee and staff. Councilman Archibald seconded the motion and the motion carried.
AYES: Councilmen Archibald, Southward, Williams, Hill, Councilwoman Alexander, and Mayor Barr.
NAYS: None.
Staff Presentations:
4.4 City Manager Larry Gilley introduced Ronnie Kidd, Director of Administrative Services. Mr. Kidd presented an overview of the Communication Services Division, including: 1) mission statement, 2) communication system, 3) voice communication system, 4) interoperability, 5) equipment maintained, 6) staffing/certifications, and 7) other responsibilities.
Mr. Kidd introduced Larry Swanson, program manager.
Mr. Kidd reminded Council that the City engaged RCC Communication Consultants in a 3-phase project last summer, and Phase 1 has been completed. RCC has conducted a comprehensive system analysis and a needs assessment. Staff is working with RCC to develop final recommendations. Phase 2 will address the drafting of a request for proposal for an overall system upgrade or replacement. Phase 3 will address the actual implementation of the new public communication system. Mr. Kidd noted RCC will be present at the March 13, 2003 Council meeting to discuss the project with Council and to present recommendations. Mr. Kidd stated funding sources are being reviewed and identified due to the project's significant cost of approximately $10 million for upgrading or replacement. Mr. Kidd further stated potential funding of $2 million in Federal earmarked funds, partial funding by the 9-1-1 District, and several various grants are being reviewed by staff.
Mayor Barr noted the capital cost for the project was $8 million and is now $10 million. Mayor Barr requested staff submit to Council a project maintenance cost comparison to the proposal Council has versus what is being implemented now.
Mr. Kidd stated the cost comparison will be prepared for council and that staff is also reviewing budgeting for the project's replacement cycle.
Council and staff discussion included: 1) the City having over 1,000 two-way radios and the location of these radios; 2) there being 3 two-way radios in police cars that have mobile data terminals; 3) the issue that has been pending for some time of the Federal mandate to upgrade Police communication. A final date for total implementation is expected for 2013 (originally was 2005).
Council thanked Mr. Kidd for the presentation and the City Manager for continuing the division presentations.
No Council action was required.
4.5 Dwayne Hargesheimer, Director of Water Administration, updated the Council on the O. H. Ivie Project. Mr. Hargesheimer presented an outline of the history of the project to date:
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August 10, 1985 |
Community voted to participate in construction of O. H. Ivie Reservoir |
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September 1985 |
Contract with CRMWD for 16.54% of project cost and receive 16.54% of yield - 15,000 ac. ft. or 13.4 MGD. Abilene will build, own and operate its own facilities to provide water to Abilene. |
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Jan 1987 - Dec. 1989 |
Site Selection |
$340,000.00 |
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May 1990 |
Versatile Construction Co. Slope Protection |
$285,005.00 |
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Aug. 1990 |
Abilene participated in 10-county utility study - I.D. Route for future pipeline |
$65,000.00 |
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Jan. 1991 |
Contract to purchase abandon RR ROW Mile post 7 to Mile post 21 - 14 miles |
$115,000.00 |
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LAND ACQUISITION |
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1994-2001 |
ROW Acquisition, 58 Properties |
$108,600.00 |
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Jan. 2000 |
Purchased Water Treatment Plant Property, 165 Acres |
$480,000.00 |
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DESIGN |
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Jan. 2000 |
Freese & Nichols Eng. - Design Pump Station & Pipeline |
$3,200,000.00 |
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Sept. 2000 |
Tippett & Gee - Electrical Design & Inspection |
$315,000.00 |
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Oct. 2000 |
CH2M Hill - WTP Design |
$2,249,000.00 |
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Feb. 2001 |
Jacob & Martin - Distribution - Sanitary Sewer Design |
$270,000.00 |
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PRE-PURCHASE |
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March 2001 |
Sunbelt Transformer Inc. Suppliers of Electric Transformers |
$397,000.00 |
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May 2001 |
Fairbairn Electric - Electric Substation Construction |
$548,449.00 |
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March 2001 |
CH2M Hill - Pilot Testing for WTP Filters |
$48,000.00 |
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July 2001 |
Pall Corp. - Membrane Filters |
$3,115,000.00 |
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CONSTRUCTION |
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Aug. 2001 |
Purcell Construction - Ivie Pump Stations |
$12,600,000.00 |
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Aug. 2001 |
Garney Construction - 52.5 miles pipeline |
$20,686,877.00 |
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Aug. 2001 |
Natgun Cor. - Two ground storage tanks |
$4,174,360.00 |
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Aug. 2001 |
Jacob & Martin - Surveying environment & inspection |
$360,000.00 |
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Sept. 2001 |
Misc - Trinity Engineering - Soil & Concrete Testing |
$55,000.00 |
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Jan. 2002 |
M. W. Builders - WTP Construction |
$11,490,000.00 |
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ELECTRICAL CONSTRUCTION |
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Jan. 2002 |
Newmark - Supplier of 181 concrete electrical poles |
$520,503.00 |
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Jan. 2002 |
Smithwick Construction |
$963,332.00 |
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CONSTRUCTION |
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Feb. 2002 |
M. W. Builders H. S. - Pump Station ground storage |
$2,675,000.00 |
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Sanitary Sewer |
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Sept.-Nov. 2002 |
Sanitary sewer easements - 15 |
$24,580.00 |
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ELECTRIC POWER AGREEMENT |
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Nov. 2002 |
Coleman Electric Coop Power Contract |
$(44,939.00) |
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CONSTRUCTION WATER LINES |
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Nov. 2002 |
Starks Construction - 33,420 ft. distribution pipelines |
$1,221,366.00 |
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FUTURE CONSTRUCTION WATER LINES |
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SCADA |
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Feb. 2003 |
Crouch KST Electrical Enterprises - SCADA |
$887,337.00 |
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ELECTRICAL REHABAILITATION |
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March 2003 |
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$70,000.00 |
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PROJECT COST |
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Pump Stations - Pipe Line |
$41,076,237.00 |
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Communication System |
887,337.00 |
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Electric System |
2,757,284.00 |
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ROW Acquisition |
108,600.00 |
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Total |
$44,829,458.00 |
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Water Treatment Plant |
$19,557,000.00 |
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Land |
480,000.00 |
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Distribution Collection System |
1,948,628,00 |
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Total |
$21,985,628.00 |
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Total |
$66,815,086.00 |
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Prior Years |
$805,005.00 |
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STATUS OF PROJECT |
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Pump Stations - Pipe Line |
Completed & Tested |
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Electric System |
Completed - Rehabilitation Needed |
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Communication System |
Construction to begin March 3, 2003 Completion date: April 22, 2003 |
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Water Treatment Plant |
Substructure completion date May 6, 2003 |
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Distribution Lines |
50% completed - in service by March 31, 2003 |
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Sanitary Sewer |
Construction to begin mid-March and completed by May 6, 2003 |
REMAINING TASKS
Raw Water Contracts -
58 ROW property owners
63 Tap points
Electrical Maintenance Agreement
Rural Development Loan Closing
Amendment all 12 Rural Contracts
Final 13 Engineering and Construction Contacts
Construct Elevated Storage - FM 89
ROW Maintenance
Council and staff discussion included: 1) funding for the project included $51 million in debt, $11 million from grants, and $4.8 million from reserve; 2) most of the project contracts having been under cost expectation, 3) security of the pump station from vandalism; 4) the surcharge needed to pay the debt service on the project; and 5) appreciation was noted to Councilwoman Alexander, Congressman Stenholm, Senator Hutchison, and all of the Congressional delegation for their efforts and support toward the project.
Mr. Hargesheimer announced that as of April 15, 2003, he will have 40 years of service with the City; and that he will be retiring on April 30, 2003. Mr. Hargesheimer commended his staff and thanked the Council for their support.
Mayor Barr and the Council thanked Mr. Hargesheimer for his 40 years of leadership, and for having successfully seen the O. H. Ivie project completed.
Mr. Hargesheimer noted appreciation to various City staff for their assistance with the Ivie project. City Attorney Sharon Hicks thanked Assistant City Attorney Megan Santee, who was instrumental in successfully preparing 21 of the O. H. Ivie project contracts.
No Council
action was required.
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.
Councilman Hill left the meeting after the executive session.
The Council reconvened from executive session and reported no action taken.
5.4 City Attorney Sharon Hicks briefed the Council on the formation and recommendation of appointments to the Frontier Texas! Board of Directors.
Councilman Williams moved to approve by Oral Resolution the appointments of the Frontier Texas! Board of Directors as follows:
1) Nanci Liles, Abilene Convention & Visitors Bureau
2) Lynn Barnett, Abilene Cultural Affairs Council
3) Nicki Harle, Texas Midwest Community Network
4) Tim Yandell, Texas Forts Trail Association
5) Tony McMillan, Taylor County Expo Center
6) Tom Rigsby, Abilene Downtown Association
7) Jimmy Parker, Western Heritage Classic Executive Committee
8) Chuck Cowell, 1st National Bank
9) Billye Proctor-Shaw, Big Tex Crude
10) Homer Hillis, Friendze
11) Ross Jones, Attorney
12) Debbie McClure, Abilene Bookstore
13) Petty Hunter, Community Volunteer
14) Bob Gomez, Abilene Christian University
15) Charlie Black, Attorney
Councilman Archibald seconded the motion and the
motion carried.
AYES: Councilmen Archibald, Southward, Williams,
Councilwoman Alexander, and Mayor Barr.
NAYS: None.
There being no further business, the Council was
adjourned at 12:30 p.m.
5.5 The Financial Workshop was not held.
_____________________________ ______________________________
Jo
Moore Grady Barr
City
Secretary Mayor