The City Council of the City of Abilene, Texas, met in a Pre-Council Work Session on April 23, 1998, 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, A. Don Drennan, Rob Beckham and Ray Ferguson, and Councilwoman Kay Alexander. Also present were City Manager Roy L. McDaniel, Assistant City Manager Mike Morrison, City Attorney Sharon Hicks, City Secretary Jo Moore, and various members of the City staff. Councilwoman Carol Martinez was absent.

  City Manager Roy McDaniel stated that page 5 of the April 9, 1998 minutes will be corrected by removing the words "that legally the City has the responsibility of warning the citizens and that". Mr. McDaniel distributed the report of Moody's Investors Service assigning the rating of A1 to the City of Abilene. Mayor McCaleb stated the bid opening for the Certificates of Obligation sale is set for 11:00 a.m. and if possible following the agenda items, Council will go into executive session, then reconvene for the bid opening. 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.

  Mayor McCaleb reconvened the City Council of the City of Abilene, Texas, into Regular Session April 23, 1998, at 9:00 a.m. in the Council Chambers of City Hall.

  Councilman Rob Beckham gave the invocation.

  The Pledge of Allegiance was led by Laura Schmitt, a fifth-grader from Jones Elementary School, who was accompanied by her school secretary, Marie King.

 Mayor McCaleb, assisted by City Secretary Jo Moore, presented an Employee Service Award to Dwayne Hargesheimer, Director of Water Utilities, for 35 years of service.

  Mayor McCaleb presented a Certificate of Appreciation to JoAnna Bens, Executive Director of the Developmental Disabilities Network, who was inducted into the International Who's Who of Professionals.

 Mayor McCaleb presented a proclamation to Janice Hamilton for April 19-25 as National Crime Victims' Rights Week.

Councilman Drennan moved to approve the minutes of the City Council Meeting held April 9, 1998, as presented and corrected in the Pre-Council session removing the words "that legally the City has the responsibility of warning the citizens and that" on page 5. Councilman Ferguson seconded the motion and the motion carried.

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

NAYS: None.

 CONSENT AGENDA

  Councilman Vasquez moved to approve consent agenda items 3.1 through 3.8, and approval of first reading of item 3.9, as recommended by the staff. Councilman Beckham seconded the motion and the motion carried.

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

NAYS: None.

 Resolutions

1. Oral Resolution approving a street use license with Enprotec, Inc. for the installation of a monitoring well in the City right-of-way associated with the Tennison Service Station located at 3102 S. 14^th St.
2. Oral Resolution approving a street use license with the Taylor County Expo Center d/b/a Western Heritage Classic for a family street dance at N. 1^st & Cypress May 7, 1998.
3. Resolution approving an agreement with the Texas Department of Transportation for a Highway Improvement project on US 83/84 from BI-20R to US 277.

The Resolution is numbered 13-1998 and is captioned as follows:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ABILENE, TEXAS, AUTHORIZING THE EXECUTION OF AN AGREEMENT TO CONTRIBUTE FUNDS FOR THE US 83/84 FROM BI-20R TO US 277 PROJECT.

4. Resolution adopting the names of internal access ways for 9-1-1 and other addressing purposes of the ACU campus and Mesa Springs retirement center campus.

The Resolution is numbered 14-1998 and is captioned as follows:

A RESOLUTION ADOPTING NAMES OF INTERNAL ACCESS WAYS FOR 911 AND OTHER ADDRESSING PURPOSES ON THE ABILENE CHRISTIAN UNIVERSITY CAMPUS AND THE MESA SPRINGS RETIREMENT CENTER CAMPUS.

5. Oral Resolution authorizing the City Manager to sign a joint agreement with Abilene Motor Sports, Inc. and the Sports Car Club of America to conduct auto races and associated spectator event on June 27 & 28, 1998 at Abilene Regional Airport, contingent upon FAA approval.

Bid Awards

6. Weed Mowing contract, Bid #CB-8041. The bid was awarded jointly to the low responsible bidders, Jerry Marshall and L. C. Hollis as recommended by staff.
7. Two batwing mowers for the Airport, Bid #CB-8039. The bid was awarded to Abilene New Holland, the low responsible bidder in the amount of $21,911.60 as recommended by staff.
8. Overhead street name sign installation Phase II, Bid #CB-8042. The bid was awarded to Roy Willis Electric Company, Inc. for the unit prices bid with an estimated total amount of $59,300 as recommended by staff.

Ordinances

9. Approval of first reading: Ordinance amending Chapter 18, "Motor Vehicles and Traffic", Sections 18-293, 18-294, 18-297, and 18-299 of the Abilene Municipal Code.

 Resolutions

4.1 Tucker Bridwell, President of the Development Corporation of Abilene, Inc., (DCOA) presented the DCOA's Report of Activities for the Fiscal Year ended September 30, 1997. Mr. Bridwell highlighted the six goals the Board has identified in the City's economic development efforts:

• To make Abilene competitive in the attraction of business and industry in order to create new permanent jobs.
• To create new jobs and retain existing jobs by providing assistance to existing and emerging businesses.
• To strengthen and expand the skills of the Abilene labor force.
• To strengthen and revitalize downtown Abilene.
• To increase the number and size of minority and women owned businesses in Abilene.
• To effectively administer the sales tax revenue.

 Mr. Bridwell stated they would continue to search for people and prospects.

 Council noted the confidence shown by the citizens in Abilene being the first city in Texas to approve the ½ cent sales tax and how seriously the DCOA has taken the stewardship of those tax dollars.

 The first three months of 1998 have been excellent in contributing to a strong economic base and economic development is a very positive subject on the citizens' minds.

  Councilman Drennan moved to accept the DCOA's Report of Activities for the Fiscal Year ended September 30, 1997 with appreciation to the DCOA and staff. Councilman Vasquez seconded the motion and the motion carried.

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

NAYS: None.

  Mayor McCaleb noted that agenda item 4.10, Award of Bid; Ordinance authorizing issuance of City of Abilene, Texas, Combination Tax and Revenue Certificates of Obligation, Series 1998, in the amount of $2,300,000 is posted to take place at 11:00 a.m. If possible, the public hearings for Items 4.2 through 4.9 and the executive session will be held prior to the bid opening.

 Ordinances

4.2 Jeff Armstrong, Senior Planner, briefed the Council on an Ordinance amending Zoning Ordinance Section 23-306.4, Permitted Uses, and Section 23-306.5.G, Conditional Use Provisions, to allow Funeral Homes in Limited Commercial zoning districts. 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:

 For: Jack Fuqua, 673 Westwood, President of Abilene Funeral Home.

 Against: Robert F. Jones, 201 Glenhaven, is opposed to a funeral home in residential areas due to his concerns that it would increase traffic and accidents. Mr. Jones stated that at the last Planning & Zoning Commission meeting, the zoning request was changed from Office to Limited Commercial in his opinion in order to get funeral homes established in the area.

. Louis Rosetti, 1301 Glenhaven, stated it is not appropriate for the area.

Mayor McCaleb clarified for those in attendance that this item is a zoning ordinance amendment request which would allow funeral homes as a conditional use in the Limited Commercial (LC) zoning district city-wide. Agenda item 4.3 is the specific rezone request from Office to Limited Commercial for the property located at 3349 N. 12^th St.

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

Councilman Ferguson moved to approve the Ordinance amending Zoning Ordinance Section 23-306.4, Permitted Uses, and Section 23-306.5.G, Conditional Use Provisions, to allow Funeral Homes in Limited Commercial zoning districts, as recommended by staff. Councilman Vasquez seconded the motion and the motion carried.

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

NAYS: None.

The Ordinance is numbered 16-1998 and is captioned as follows:

4.3 Jeff Armstrong, Senior Planner, briefed the Council on Z-01198 -Rezone from O (Office) to LC (Limited Commercial) district property located at 3349 N. 12^th St. 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:

For: Jack Fuqua, 673 Westwood, President of Abilene Funeral Home, addressed the nature of funeral services traffic concerns. The most traffic is generated at the funeral home when the funeral service is conducted there. Services conducted at the burial site or at a church in another location would not cause traffic problems at the funeral home. A police escort is always arranged and he feels traffic would not be a problem. The chapel will seat 125 people, with parking for approximately 1/3 of that number.

Against: Robert F. Jones, 201 Glenhaven, stated one block south is a business, but this area is mostly residential. He feels there will be more traffic accidents; high visibility of children playing.

  Following Council's discussion concerning the most intense uses of office and limited commercial zoning and the impact on the neighborhood, Councilman Vasquez moved to approve the request to rezone from O (Office) to LC (Limited Commercial) district property located at 3349 N. 12^th. The motion died for lack of a second. Councilman Beckham then moved to deny the request to rezone from O (Office) to LC (Limited Commercial) district property located at 3349 N. 12^th Street. The motion died for lack of a second.

  Following further Council discussion, Councilman Vasquez restated his motion to approve the request to rezone from O (Office) to LC (Limited Commercial) district property located at 3349 N. 12^th St., as recommended. Councilman Drennan seconded the motion and the motion carried.

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

NAYS: Councilman Beckham.

  The Ordinance is numbered 17-1998 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.

4.4 Jeff Armstrong, Senior Planner, briefed the Council on Z-01498 - Rezone from RM-2 (Residential Multi-Family) to RM-3 (Residential Multi-Family) district property located in the 3100 block of Curry Lane. 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 Ordinance to rezone from RM-2 (Residential Multi-Family) to RM-3 (Residential Multi-Family) district property located in the 3100 block of Curry Lane, as recommended. Councilman Vasquez seconded the motion and the motion carried.

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

NAYS: None.

The Ordinance is numbered 18-1998 and is captioned as follows:

4.5 Jeff Armstrong, Senior Planner, briefed the Council on Z-01598 - Rezone from RS-6 (Residential Single Family) to RM-3 (Residential Multi Family) district property located at 858 Formosa. 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.

Councilman Vasquez moved to approve the Ordinance to rezone from RS-6 (Residential Single Family) to RM-3 (Residential Multi Family) district property located at 858 Formosa, as recommended. Councilman Beckham seconded the motion and the motion carried.

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

NAYS: None.

The Ordinance is numbered 19-1998 and is captioned as follows:

4.6 Jeff Armstrong, Senior Planner, briefed the Council on TC-01698 - Thoroughfare abandonment of Almond Street from the north r-o-w line of N. 7^th St. to the south r-o-w line of N. 10^th St. The Planning and Zoning Commission and staff recommend approval, subject to the following conditions: 1) adjacent platted lots along the affected portion of Almond must be eliminated through replatting, (2) maintain adequate fire lane as required for commercial structures, (3) unobstructed utility and drainage easements shall be retained on the entire area of the abandoned right-of-way, (4) existing street lights must be retired as a public street light or removed at the proponent's expense, 5) any resulting relocation or removal of utility lines or drainage facilities shall be accomplished at proponent's expense in a manner satisfactory to the city of Abilene or the affected utility provider. Mr. Armstrong stated the proponents are in agreement with the conditions.

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

Councilman Drennan moved to approve the Ordinance for thoroughfare abandonment of Almond Street from the north r-o-w line of N. 7^th St. to the south r-o-w line of N. 10^th St, as recommended. Councilman Beckham seconded the motion and the motion carried.

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

NAYS: None.

The Ordinance is numbered 20-1998 and is captioned as follows:

7. Jeff Armstrong, Senior Planner, briefed the Council on TC-01798 - Thoroughfare abandonment of the westernmost 10' r-o-w line of Locust Street adjacent to Lots 16, 17, & 18, Block 16, Original Town located at 150 Locust. The Planning and Zoning Commission and staff recommend approval.

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

 . Shane McClung, proponent, stated the part he wants abandoned is a dock and not useful to anyone; and commented that the Planning & Zoning Board and staff have been very helpful and professional.

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

Councilman Ferguson moved to approve the Ordinance for thoroughfare abandonment of the westernmost 10' r-o-w line of Locust Street adjacent to Lots 16, 17, & 18, Block 16, Original Town located at 150 Locust, as recommended. Councilman Vasquez seconded the motion and the motion carried.

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

NAYS: None.

The Ordinance is numbered 21-1998 and is captioned as follows:

4.8 Jeff Armstrong, Senior Planner, briefed the Council on an Ordinance amending Zoning Ordinance Sections 23-356.3 and 23-363, Site Plan Review Process. 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.

Council noted appreciation for the more flexible and customer friendly process.

Councilman Drennan moved to approve the Ordinance amending Zoning Ordinance Sections 23-356.3 and 23-363, Site Plan Review Process, as recommended. Councilman Vasquez seconded the motion and the motion carried.

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

NAYS: None.

The Ordinance is numbered 22-1998 and is captioned as follows:

Mayor McCaleb announced that this is Take Your Daughter to Work Day, and recognized those in attendance: Chelsea Hughes, daughter of Building Official Cassie Hughes; Sheridan Davis, daughter of City Attorney Sharon Hicks; and Rebekah Ferguson, daughter of Councilman Ray Ferguson.

4.9 Cassie Hughes, Building Official, briefed the Council on an Ordinance amending Chapter 8, "Construction Regulations", Art. VI, "Uniform Codes & Other Regulations," amending Art. VI, Div. 4, "Plumbing Code", and amending Art. VI, Div. 5, "Mechanical Code" of the Abilene Municipal Code. The Mechanical, Plumbing, Electrical, and Swimming Pool Board of Appeals and staff recommend approval.

Ms. Hughes introduced board member and architect Waylon Schroeder. Mr. Schroeder briefed the Council on the process the MPE board followed, from reviewing the code through receiving public input, in making their decision to recommend approval and stated he is willing to answer any questions concerning the board's decision.

Councilman Ferguson stated it is good for the public to know the process followed prior to Council action and that he relies on the integrity of that process and the board's recommendations.

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

Councilman Vasquez moved to approve the Ordinance amending Chapter 8, "Construction Regulations", Art. VI, "Uniform Codes & Other Regulations," amending Art. VI, Div. 4, "Plumbing Code", and amending Art. VI, Div. 5, "Mechanical Code" of the Abilene Municipal Code, as recommended. Councilman Beckham seconded the motion and the motion carried.

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

NAYS: None.

The Ordinance is numbered 23-1998 and is captioned as follows:

5.0 Other Business

Mayor McCaleb recessed the Council into executive session, 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, stating the Council would come out of executive session at 11:00 a.m. for item 4.10, Bid Opening.

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

4.10 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 1998, in the amount of $2,430, 000. Mr. Smith opened and read all six bids aloud. The lowest bidder was Dean Witter Reynolds, with a net interest cost of $925,723.96 and effective interest rate of 4.8980 percent.

Councilman Ferguson moved to approve the bid from Dean Witter Reynolds, with a net interest cost of $925,723.96 and effective interest rate of 4.8980 percent; and to approve the Ordinance authorizing issuance of City of Abilene, Texas, Combination Tax and Revenue Certificates of Obligation, Series 1998, in the amount of $2,430,000 as recommended by staff. Councilman Drennan seconded the motion and the motion carried.

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

Nays: None.

The Ordinance is numbered 24-1998 and is captioned as follows:

There being no further business, the meeting was adjourned at 11:15 a.m.

____________________________ ______________________________

Jo Moore, City Secretary Gary D. McCaleb, Mayor