PRE-COUNCIL WORK SESSION, THURSDAY

April 24, 1997, 8:30 A.M.

CITY COUNCIL OF THE CITY OF ABILENE, TEXAS,

BASEMENT CONFERENCE ROOM, CITY HALL

The City Council of the City of Abilene, Texas, met in a Pre-Council Work Session on April 24, 1997, at 8:30 A.M. in the Basement Conference Room of City Hall. Mayor Gary D. McCaleb was present and presiding with Councilmen Paul R. Vasquez and A. Don Drennan, Councilwoman Carol Martinez, Councilmen Rob Beckham and Ray Ferguson, and Councilwoman Kay Alexander. Also present were City Manager Lanny Lambert, Assistant City Managers Roy L. McDaniel and Mike Morrison, Acting City Attorney Sharon Hicks, Assistant to the City Manager Debra Guerra, City Secretary Jo Moore, and various members of the City staff.

Councilwoman Martinez requested item 3.6, Resolution designating Zoltek Co., Inc. as an Enterprise project by the Texas Department of Commerce, be pulled from the consent agenda to be considered separately. Mike Morrison, Assistant City Manager, briefed the Council on a project to establish a National Museum in the Matera Paper Company building. The Abilene Improvement Corporation is working on an optional contract to purchase the building, and the Reinvestment Zone #1 (TIF) will finance acquisition if the contract goes through. Dr. Vernon Williams, ACU, gave an overview of a project in memory of the 12th Armored Division stationed in Abilene during World War II, and proposed a National museum in order for the World War II story to be told. Ninety-eight percent of the funding will come outside of Abilene, with most from outside of Texas, including families of the 12th Armored Division and the over 100 Corporations that had contracts with the Division during the war. This will generate visitors to Abilene and the museum will tie parts of the community together. The estimated cost is $2 million to restore and create exhibits with a $6 million endowment for operation in the future. There would be an 18-month lease period to allow sufficient time to prove the success of the museum. The Council briefly discussed various consent and regular agenda items, and there being no further discussion, the meeting was recessed until 9:00 a.m. for the regular Council Meeting.

REGULAR CITY COUNCIL MEETING

April 24, 1997, 9:00 A.M.

CITY COUNCIL OF THE CITY OF ABILENE, TEXAS

CITY COUNCIL CHAMBERS OF CITY HALL

Mayor McCaleb reconvened the City Council of the City of Abilene, Texas, into Regular Session April 24, 1997, at 9:00 a.m. in the Council Chambers of City Hall.

Invocation was given by Councilman Paul Vasquez.

The Pledge of Allegiance was led by Barbara Martin, fourth-grader from Long Elementary School, who was accompanied by her counselor, Marlene Crawford, and mother, Diane.

Mayor McCaleb presented the following proclamations:

April as Child Abuse Prevention Month; and

May as National Mental Health Month.

Mayor McCaleb recognized all daughters present at the meeting in honor of Take Your Daughter to Work Day, and teachers and honor students from Trent High School.

There being no corrections, additions or deletions to the minutes of the City Council Meeting held April 10, 1997, Councilman Vasquez moved to approve the minutes. The motion was seconded by Councilwoman Alexander and the motion carried.

AYES: Councilmen Vasquez and Drennan, Councilwoman Martinez, Councilmen Beckham and Ferguson, Councilwoman Alexander, and Mayor McCaleb.

NAYS: None.

Councilman Vasquez moved to approve consent agenda items 3.3 and 3.5, and approval of first reading of items 3.1 and 3.2, as recommended by the staff. The motion was seconded by Councilman Drennan and the motion carried. Item 3.6 was removed from the consent agenda to be considered separately at the request of Councilwoman Martinez, 3.4 was removed to be considered separately at the request of Councilman Beckham, and 3.7 was removed to be considered separately by Mrs. Bobbie Hotchkiss.

AYES: Councilmen Vasquez and Drennan, Councilwoman Martinez, Councilmen Beckham and Ferguson, Councilwoman Alexander, and Mayor McCaleb.

NAYS: None.

Ordinances

3.1 Ordinance concerning annexation of 63.52 acres of land owned by Sydney E. Niblo, and set a public hearing for June 12, 1997 at 9:00 a.m.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ABILENE, TEXAS, PROVIDING FOR THE EXTENSION OF THE BOUNDARY LIMITS OF THE CITY OF ABILENE, TEXAS, AND THE ANNEXATION OF CERTAIN TERRITORY LYING ADJACENT AND CONTIGUOUS TO THE PRESENT BOUNDARY LIMITS OF THE CITY OF ABILENE.

3.2 Ordinance amending Chapter 18, "Motor Vehicles and Traffic", Sections 18-293 and 18-304 of the Abilene Municipal Code.

AN ORDINANCE AMENDING CHAPTER 18, "MOTOR VEHICLES AND TRAFFIC", OF THE ABILENE MUNICIPAL CODE, BY AMENDING CERTAIN SECTIONS AS SET OUT BELOW; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING A PENALTY.

Resolutions

3.3 Oral Resolution approving street use license request from Abilene Paramount Properties, Ltd. for use of Cypress Street & N. 2nd St. right-of-way.

3.4 Oral Resolution approving street use license request from William A. Bedford d/b/a Abilene Coffee Company for use of Pine Street right-of-way. Removed from the consent agenda to be considered separately at the request of Councilman Beckham.

3.5 Oral Resolution approving three-year extension of Auctioneer contract with Kincaid Auction Service.

3.6 Resolution designating Zoltek Co., Inc. as Enterprise project by Texas Department of Commerce. Removed from consent agenda to be considered separately at the request of Councilwoman Martinez.

3.7 Resolution disposing of property by exchange or sale between City of Abilene and DCOA, Inc. Removed from consent agenda to be considered separately at the request of Mrs. Bobbie Hotchkiss.

REGULAR AGENDA

Mayor McCaleb noted that agenda item 4.5, Award of Bid; Ordinance authorizing issuance of City of Abilene, Texas, Combination Tax and Revenue Certificates of Obligation, Series 1997, in the amount of $2,400,000.00 is posted to take place at 11:00 a.m. and the City Council will break if necessary at that time to consider that item or recess and come back at that time if other agenda items are taken care of prior to 11:00 a.m.

3.4 James Condry, Assistant Director of Public Works, briefed the Council on an Oral Resolution approving a street use license request from William A. Bedford d/b/a Abilene Coffee Company for use of the Pine Street right-of-way. At the request of Councilman Beckham, Mr. Condry reviewed the application fee, stating that the $240.00 fee is non-refundable and is an application fee only, not a permit fee. The issue of handicapped parking was raised, and Mr. Condry stated that the current handicapped parking space will be moved within the same block, but will still be van accessible as it is now.

Councilman Ferguson moved to approve the street use license request from William A. Bedford d/b/a Abilene Coffee Company for use of the Pine Street right-of-way and to deny the request for waiver of the application fee, as recommended by staff. The motion was seconded by Councilman Vasquez and the motion carried.

AYES: Councilmen Vasquez and Drennan, Councilwoman Martinez, Councilmen Beckham and Ferguson, Councilwoman Alexander, and Mayor McCaleb.

NAYS: None.

3.6 Mike Morrison, Assistant City Manager, briefed the Council on a Resolution designating Zoltek Co., Inc. as an Enterprise project by the Texas Department of Commerce at the request of Councilwoman Martinez. Mr. Morrison reviewed the criteria for the designation and the benefits of the designation not only to the business, but also to the City.

Councilwoman Martinez moved to approve the Resolution designating Zoltek Co., Inc. as an Enterprise project by the Texas Department of Commerce, as recommended by staff. The motion was seconded by Councilwoman Alexander and the motion carried.

AYES: Councilmen Vasquez and Drennan, Councilwoman Martinez, Councilmen Beckham and Ferguson, Councilwoman Alexander, and Mayor McCaleb.

NAYS: None.

The Resolution is numbered 15-1997 and is captioned as follows:

A RESOLUTION DECLARING THE CITY OF ABILENE, TAYLOR COUNTY, TEXAS, ELECTS TO DESIGNATE ZOLTEK COMPANIES, INC. ("ZOLTEK") A QUALIFIED BUSINESS AS DEFINED IN CHAPTER 2303 OF THE TEXAS ENTERPRISE ZONE ACT, TEXAS GOVERNMENT CODE (THE "ACT"), FOR THE PURPOSE OF APPLYING TO THE TEXAS DEPARTMENT OF COMMERCE ("COMMERCE") FOR DESIGNATION AS AN ENTERPRISE PROJECT.

3.7 Mike Morrison, Assistant City Manager, briefed the Council on a Resolution disposing of property by exchange or sale between the City of Abilene and DCOA, Inc., which was removed from the consent agenda to be considered separately at the request of Mrs. Bobbie Hotchkiss. Mrs. Hotchkiss asked for clarification on the property being considered. Mr. Morrison stated it was 4-1/2 acres of land next to a water tower, worth $800 to $1100 per acre.

Councilman Vasquez moved to approve the Resolution disposing of property by exchange or sale between the City of Abilene and DCOA, Inc., as recommended by staff. The motion was seconded by Councilwoman Alexander and the motion carried.

AYES: Councilmen Vasquez and Drennan, Councilwoman Martinez, Councilmen Beckham and Ferguson, Councilwoman Alexander, and Mayor McCaleb.

NAYS: None.

The Resolution is numbered 16-1997 and is captioned as follows:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ABILENE, TEXAS, APPROVING THE DISPOSITION OF PROPERTY BY EXCHANGE OR SALE BETWEEN THE CITY OF ABILENE BY AND THROUGH ITS WATER DEPARTMENT AND THE DEVELOPMENT CORPORATION OF ABILENE.

Public Appearances

4.1 Elizabeth Grindstaff, Downtown Manager, introduced 5th grade AISD ALPS students, who gave a presentation on their recommendations for a Downtown revitalization program. Teachers Kathy Aldridge and Janet Dowel explained the project, which was solving community problems. Five students represented 95 students from all Abilene elementary schools. The students presented the following recommendations: Allie Cook - new clothing stores downtown, additional apartments and above-business apartments, ice skating rink, various street vendors selling food and souvenirs. Craig Kennedy - more public parking, purchase old Fulwiler Building and turn it into a parking garage, trolleys to shuttle people from parking to downtown businesses. Bret Grovner - family oriented Halloween celebration, brown bag concerts, New Years Eve countdown. Linda Hill - interaction of visitor information center and convention center, enlarge downtown businesses to the east, information finder via computer, increase advertisement of Abilene attractions. Jena Carson - renovate old buildings and add greenery, nature trail, bandstand across from the Civic Center, and fountains.

Mayor McCaleb stated the ALPS students' presentation reminds us of how vitally important our youth are, and that no small number of people have all the good ideas; it takes all citizens to make the community better. The Council stated their appreciation for the excellent recommendations.

No action was required.

Ordinances

4.2 Carl Lockett, Planning Administrator, briefed the Council on Z-02297 - Ordinance to add H (Historic Overlay) to underlying RS-12 (Residential Single Family) district located at 865 Sayles Blvd. The Planning and Zoning Commission and staff recommend approval.

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

. Pat Frosch, 1249 Palm, chair of the Landmarks Commission, recommends approval.

. Terry Franklin, 1473 Beltway, in favor of the request.

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

Councilman Drennan moved to approve the request to add Historic Overlay to underlying Residential Single Family district located at 865 Sayles Blvd., as recommended by staff. The motion was seconded by Councilwoman Martinez and the motion carried.

AYES: Councilmen Vasquez and Drennan, Councilwoman Martinez, Councilmen Beckham and Ferguson, Councilwoman Alexander, and Mayor McCaleb.

NAYS: None.

The Ordinance is numbered 15-1997 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.

4.3 Carl Lockett, Planning Administrator, briefed the Council on TC-02497 - Ordinance for thoroughfare abandonment of a 30' street dedication located in the 5600 block of Hwy. 277. The Planning and Zoning Commission and staff recommend approval.

Mayor McCaleb opened a public hearing, and there being no one present and desiring to be heard, the public hearing was closed.

Councilwoman Alexander moved to approve the request for thoroughfare abandonment of a 30' street dedication located in the 5600 block of Hwy. 277, as recommended by staff. The motion was seconded by Councilman Vasquez and the motion carried.

AYES: Councilmen Vasquez and Drennan, Councilwoman Martinez, Councilmen Beckham and Ferguson, Councilwoman Alexander, and Mayor McCaleb.

NAYS: None.

The Ordinance is numbered 16-1997 and is captioned as follows:

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.

Resolutions

4.4 James Condry, Assistant Director of Public Works, briefed the Council on an Oral Resolution concerning an application/permit to drill and operate an oil/gas well within the City Limits, Permit #9703. Staff recommends approval.

Mayor McCaleb opened a public hearing, and the following individual spoke in response to the request:

. Gilbert Talamantez inquired if this would create a danger to the water supply.

Mr. Condry stated all State and Federal regulations must be met, and an extensive process of putting together the regulations relating to the environment was done by Abilene several years ago; therefore he is not aware of any water problems.

Mr. Brent Schkade, applicant, stated he has operated wells in Abilene for 30 years and has never had any problems concerning danger to the environment.

Mrs. Bobbie Hotchkiss questioned the ownership of the well, whether it be private or the City's.

Mr. Condry stated the oil well is privately owned by Schkade Brothers, but is in the City limits.

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

Councilman Beckham moved to approve by Oral Resolution an application/permit to drill and operate an oil/gas well within the City Limits, Permit #9703, as recommended by staff. The motion was seconded by Councilman Ferguson and the motion carried.

AYES: Councilmen Vasquez and Drennan, Councilwoman Martinez, Councilmen Beckham and Ferguson, Councilwoman Alexander, and Mayor McCaleb.

NAYS: None.

5.0 Other Business

Mayor McCaleb recessed the Council into executive session, stating the Council would come out of executive session at 11:00 a.m. for item 4.5, Bid Opening, then would reconvene into executive session if need be after the bid opening, pursuant to Sections 551.071 and 551.074 of the Open Meetings Act, and to seek the advice of the City Attorney with respect to pending and contemplated litigation and to consider the appointment and evaluation of public officers.

The Council reconvened from executive session at 11:00 a.m.

4.5 Bid Opening 11:00 a.m. CDT: David Wright, Director of Finance, assisted by Joe Smith of First Southwest Company, briefed the Council on the Award of Bid; and an Ordinance authorizing issuance of City of Abilene, Texas, Combination Tax and Revenue Certificates of Obligation, Series 1997, in the amount of $2,400,000.00. Mr. Smith opened and read all ten bids aloud. The lowest bidder was Piper Jaffray, Inc., with a net interest cost of $980,946.67 and effective interest rate of 5.21780 percent.

Following staff verification of the arithmetic on the bids, Councilman Vasquez moved to approve the bid from Piper Jaffray, Inc., with a net interest cost of $980,946.67 and effective interest rate of 5.21780 percent; and to approve the Ordinance authorizing issuance of City of Abilene, Texas, Combination Tax and Revenue Certificates of Obligation, Series 1997, in the amount of $2,400,000 as recommended by staff. The motion was seconded by Councilman Ferguson and the motion carried.

AYES: Councilmen Vasquez and Drennan, Councilwoman Martinez, Councilmen Beckham and Ferguson, Councilwoman Alexander, and Mayor McCaleb.

Nays: None.

The Ordinance is numbered 17-1997 and is captioned as follows:

AUTHORIZING THE ISSUANCE OF CITY OF ABILENE, TEXAS COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, SERIES 1997, IN THE PRINCIPAL AMOUNT OF $2,400,000.00

The Council went back into executive session.

The Council reconvened from executive session and reported no action taken.

Acting City Attorney Sharon Hicks briefed the Council on a Resolution approving the appointment of an assistant City Attorney, and recommended appointment of Gary A. Scott.

Councilwoman Martinez moved to approve the Resolution appointing Gary A. Scott as Assistant City Attorney. The motion was seconded by Councilman Ferguson and the motion carried.

AYES: Councilmen Vasquez and Drennan, Councilwoman Martinez, Councilmen Beckham and Ferguson, Councilwoman Alexander, and Mayor McCaleb.

NAYS: None.

The Resolution is numbered 17-1997 and is captioned as follows:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ABILENE, TEXAS, APPROVING THE APPOINTMENT OF AN ASSISTANT CITY ATTORNEY FOR THE CITY OF ABILENE.

There being no further business, the meeting was adjourned at 11:35 a.m.

_____________________________	______________________________
Jo Moore City Secretary	Gary D. McCaleb Mayor

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