The City Council of the City of Abilene, Texas, met in a Pre-Council Work Session on June 25, 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 and Don Drennan, Councilwoman Carol Martinez, Councilmen Rob Beckham and Versie L. Brown, Jr., 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.

The Council briefly discussed various consent and regular agenda items. Item 3.4, Oral Resolution approving a street use license request from Summit Sports and Events, Inc. for a 3-on-3 basketball tournament July 24-26, 1998, and authorizing the Mayor to execute the permit, will be pulled from the Consent Agenda for clarification on any affiliation that may exist with non profit organizations and on heat related health/medical issues with events taking place outdoors. There being no further discussion, the meeting was recessed to the City Council Chambers 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 June 25, 1998, at 9:00 a.m. in the Council Chambers of City Hall.

Councilwoman Carol Martinez gave the invocation.

Jessica Harendt, sixth-grader at Mann Middle School and daughter of Cindy Harendt from the Water Utility Office, led in the pledge of Allegiance. Jessica was accompanied by her mother and her brother, Wesley, a second grader at Johnston Elementary.

Mayor McCaleb recognized the attendance of MIMES students from Clack and Mann Middle Schools. MIMES (Mentoring Industrious Minds and Educating Students) is an AISD career awareness program.

There being no corrections, additions, or deletions to the minutes of the Pre-Council Session and Regular City Council Meeting held June 11, 1998, Councilwoman Martinez moved to approve the minutes as printed. Councilwoman Alexander seconded the motion and the motion carried.

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

NAYS: None.

Councilman Vasquez moved to approve consent agenda items 3.1 through 3.3, and 3.5 through 3.10, as recommended by the staff. Item 3.4, Oral Resolution approving a street use license request from Summit Sports and Events, Inc. for a 3-on-3 basketball tournament July 24-26, 1998, and authorizing the Mayor to execute the permit, was pulled from the Consent Agenda to be considered separately. Councilman Brown seconded the motion and the motion carried.

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

NAYS: None.

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

4. Mike Morrison, Assistant City Manager, addressed the agenda item, "Oral Resolution approving a street use license request from Summit Sports and Events, Inc. for a 3-on-3 basketball tournament July 24-26, 1998, and authorizing the Mayor to execute the permit" to make a point of clarification. Mr. Morrison stated the West Texas Rehabilitation Center, Mental Health Association, and MH/MR were originally co-sponsors. Now a broadcast group is sponsoring the event, with all three of these organizations receiving a share of the proceeds from the concession rights associated with this event.

Council questioned whether or not the City should follow up on heat related health concerns regarding playing basketball outdoors. City Attorney Sharon Hicks replied that could be written in as part of the motion if the Council so desires. Mayor McCaleb asked staff, rather than amend the street use license, to communicate with the organization the concerns expressed by Council, and have them work together on medical and health concerns.

Councilman Drennan moved to approve by Oral Resolution a street use license request from Summit Sports and Events, Inc. for a 3-on-3 basketball tournament July 24-26, 1998, and authorizing the Mayor to execute the agreement, directing staff to work with the organization on medical and health concerns. Councilwoman Martinez seconded the motion and the motion carried.

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

Nays: None.

4.1 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 City limits, and authorizing the Mayor to execute Permit No. 9802. Staff recommends approval.

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

Councilwoman Alexander moved to approve by Oral Resolution an application/permit to drill and operate an oil & gas well within City limits, and authorizing the Mayor to execute Permit No. 9802. Councilman Vasquez seconded the motion and the motion carried.

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

Nays: None.

4.2 Jeff Armstrong, Senior Planner, briefed the Council on an Ordinance considered on second and final reading changing zoning district boundaries - Z-02098 - Add H (Historic Overlay) to underlying RM-3 (Residential Multi-Family) district located at 1042 Mulberry. The Planning and Zoning Commission, Landmarks Commission, and staff recommend approval.

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

Councilman Drennan moved to approve the Ordinance to add H (Historic Overlay) to underlying RM-3 (Residential Multi-Family) district located at 1042 Mulberry, as recommended. Councilman Vasquez seconded the motion and the motion carried.

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

Nays: None.

The Ordinance is numbered 27-1998 and is captioned as follows:

4.3 Jeff Armstrong, Senior Planner, briefed the Council on an Ordinance considered on second and final reading - Z-02398 - Rezone from AO (Agricultural Open Space) to PDMX (Planned Development Mixed Use) district located on the east side of Griffith Road. The Planning and Zoning Commission and staff recommend approval.

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

• Scott Roppe, 602 College Dr., developer, stated this is the best use of the land and WTU and Lone Star Gas are in favor of it.

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

Councilman Vasquez moved to approve the request to rezone from AO (Agricultural Open Space) to PDMX (Planned Development Mixed Use) district located on the east side of Griffith Road, as recommended by the Planning & Zoning Commission and staff. Councilman Brown seconded the motion and the motion carried.

AYES: Councilman Drennan, Councilwoman Martinez, Councilmen Beckham and Brown, Councilwoman Alexander, Mayor McCaleb.

Nays: None.

The Ordinance is numbered 28-1998 and is captioned as follows:

4. Jeff Armstrong, Senior Planner, briefed the Council on an Ordinance considered on second and final reading for thoroughfare abandonment - TC-02198 - Thoroughfare abandonment of a portion of N. 19^th St. from the east r-o-w line of Hickory Street to the west r-o-w line of Pine. The Planning and Zoning Commission recommends approval; staff recommends approval subject to the Plat Review Committee's following conditions: (1) any street lights shall be removed at the proponent's expense or taken over by the proponent, (2) maintain a traffic control easement the full width of the right-of-way line of N. 19^th St. from the west right-of-way line of Pine Street west 50 feet, (3) need to retain accessible utility and drainage easements, including gas, water, sewer, telephone, and electric, (4) Fire Department needs access to all structures, fire hydrants, and Fire Department connections must be maintained, and (5) replatting must take place for any lots without street frontage.

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

FOR:

• Dwayne Martin, 1242 N. 19^th, agent for the proponent, stated safety and traffic are the primary concerns; they are intent on making it more of a parking lot type of area versus a street.

AGAINST:

• Joey Kincaid, 1313 Compere, owns property at 19^th & Cottonwood. He requested 1) that Council deny the request; 2) that the request be amended so the street is left as an open thoroughfare and not barricaded; or 3) that Council require Hendrick to address what their intentions are prior to actions being carried out and officially accepted.

City Attorney Sharon Hicks advised that Mr. Kincaid's request is not an option before the Council today. The Council's options are to abandon the thoroughfare and allow it to revert back to the original ownership and allow Hendrick to use it as they choose, or to deny the request to abandon the thoroughfare and then potentially work with Hendrick on speed bumps, etc. When Council abandons they are abandoning their right and are not authorized to place the kind of conditions Mr. Kincaid requested.

Councilman Drennan stated this is next to the Doctor's offices west of Pine, and in his opinion, barriers are needed. Mr. Martin informed Council that is also Hendrick property.

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

Councilwoman Martinez moved to approve the Ordinance for thoroughfare abandonment of a portion of N. 19^th St. from the east r-o-w line of Hickory Street to the west r-o-w line of Pine, subject to the Plat Review Committee's following conditions: (1) any street lights shall be removed at the proponent's expense or taken over by the proponent, (2) maintain a traffic control easement the full width of the right-of-way line of N. 19^th St. from the west right-of-way line of Pine Street west 50 feet, (3) need to retain accessible utility and drainage easements, including gas, water, sewer, telephone, and electric, (4) Fire Department needs access to all structures, fire hydrants, and Fire Department connections must be maintained, and (5) replatting must take place for any lots without street frontage, as recommended by the Planning & Zoning Commission and staff. Councilman Beckham seconded the motion and the motion carried.

AYES: Councilman Drennan, Councilwoman Martinez, Councilmen Beckham and Brown, Councilwoman Alexander, and Mayor McCaleb.

Nays: None.

ABSTAIN: Councilman Vasquez, due to his employment with Hendrick Medical Center.

The Ordinance is numbered 29-1998 and is captioned as follows:

4.5 Jeff Armstrong, Senior Planner, briefed the Council on an Ordinance considered on second and final reading for thoroughfare abandonment - TC-02298 - Thoroughfare abandonment of a portion of (1) N. 21^st St. from the west r-o-w line of Pine street west to the closed street; and (2) Cedar Street from the south r-o-w line of Ambler Avenue to the north r-o-w line of N. 21^st Street. Mr. Armstrong noted corrections to Exhibit A of the Ordinance. The Planning and Zoning Commission and staff recommend approval, subject to the Plat Review Committee's following conditions: (1) replatting must take place for any lots without street frontage; (2) need to retain accessible utility easements for gas, water, sewer, telephone, electric, and cable; (3) Fire Department needs access to all structures, fire hydrants, and Fire Department connections must be maintained; and (4) an approved turnaround at the south end of the north-south alley shall be provided.

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

• Dwayne Martin, agent for the proponent.

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

Councilman Brown moved to approve the request with the noted corrections to Exhibit A of the Ordinance for thoroughfare abandonment of a portion of (1) N. 21^st St. from the west r-o-w line of Pine street west to the closed street; and (2) Cedar Street from the south r-o-w line of Ambler Avenue to the north r-o-w line of N. 21^st Street subject to the following conditions: (1) replatting must take place for any lots without street frontage; (2) need to retain accessible utility easements for gas, water, sewer, telephone, electric, and cable; (3) Fire Department needs access to all structures, fire hydrants, and Fire Department connections must be maintained; and (4) an approved turnaround at the south end of the north-south alley shall be provided. Councilwoman Alexander seconded the motion.

AYES: Councilman Drennan, Councilwoman Martinez, Councilmen Beckham and Brown, Councilwoman Alexander, and Mayor McCaleb.

Nays: None.

ABSTAIN: Councilman Vasquez, due to his employment with Hendrick Medical Center.

The Ordinance is numbered 30-1998 and is captioned as follows:

4.6 Jeff Armstrong, Senior Planner, briefed the Council on an Ordinance considered on second and final reading changing zoning district boundaries - Z-02498 - Add H (Historic Overlay) to underlying RM-3 (Residential Multi-Family) district located at 1533 Parramore. The Planning and Zoning Commission, Landmarks Commission, and staff recommend approval.

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

Councilwoman Alexander moved to approve the Ordinance to Add H (Historic Overlay) to underlying RM-3 (Residential Multi-Family) district located at 1533 Parramore, as recommended by staff. Councilman Vasquez seconded the motion and the motion carried.

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

Nays: None.

The Ordinance is numbered 31-1998 and is captioned as follows:

After this item, Mayor McCaleb noted appreciation to the MIMES for their attendance and polite behavior, then introduced Earnest Merritt, Special Assistant to the City Manager for Youth Services. Mayor McCaleb congratulated Mr. Merritt on his recent award and his programs, and encouraged the MIMES to contact Mr. Merritt and stated he hopes that the students will stay involved in their community.

City Attorney Sharon Hicks explained the law to the MIMES, in regard to Councilman Vasquez' abstentions.

Mayor McCaleb explained to the MIMES that the Council has the information that appears on the agenda well in advance, in order to give sufficient time to study and review the issues.

4.7 Jeff Armstrong, Senior Planner, briefed the Council on an Ordinance considered on second and final reading changing zoning district boundaries - Z-02598 - Rezone from GC (General Commercial) to RM-2 (Residential Multi-Family) district located in the 1000 block of Lytle Creek Drive. The Planning and Zoning Commission and staff recommend approval.

Mayor McCaleb opened a public hearing on the item, 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 GC (General Commercial) to RM-2 (Residential Multi-Family) district located in the 1000 block of Lytle Creek Drive, as recommended by staff. Councilman Brown seconded the motion and the motion carried.

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

Nays: None.

The Ordinance is numbered 32-1998 and is captioned as follows:

Mayor McCaleb recessed the Council into executive session pursuant to Sections 551.071 and 551.074 of the Open Meetings Act, 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 and reported no action taken.

Councilman Vasquez moved to approve Mayor McCaleb's appointment of Carlos Rodriguez, term expiring 11/99, to the Development Corporation of Abilene (DCOA). Councilwoman Martinez seconded the motion and the motion carried.

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

Nays: None.

There being no further business, the meeting was adjourned at 11:00 a.m.

_____________________________ ______________________________

Jo Moore Gary D. McCaleb

City Secretary Mayor