The City Council of the City of Abilene, Texas, met in a Pre-Council Work Session on August 27, 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 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 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. City Manager Roy McDaniel stated the 9-1-1 Emergency Communication District Board tabled the districts revised FY 97/98 and proposed 98/99 budgets at their August 26 meeting due to a last minute funding request by the Sheriff's Department for two dispatcher positions. The 9-1-1 Board scheduled a meeting for September 8 and requested justification information for the request be provided to each board member for consideration in ample time before the meeting. Mr. McDaniel stated he will recommend that Item 3.3, Oral Resolution approving the 9-1-1 Emergency Communications District revised FY 1997/98 and proposed FY 1998-99 budgets, be removed from the Consent Agenda to be considered at a later date. Mr. McDaniel noted that the City of Abilene is the only 9-1-1 district in the state without separate staff to administer the program. Item 4.9, Public Appearance by Col. Bob Peters of Dyess Air Force Base, to brief Council on concept of off base housing for military personnel will be moved to the beginning of the regular agenda at the request of Dyess personnel. Mr. McDaniel announced that Wanda Merritt, Community Development Specialist, is leaving the City to take a position with the Department of Housing and Urban Development. Mrs. Merritt briefed the Council on her new position at the Mayor's request. Mr. McDaniel noted that our new librarian is scheduled to start work on September 21, and also noted that Councilman Beckham is the 1998-99 TML Region VI President. 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 August 27, 1998, at 9:00 a.m. in the Council Chambers of City Hall.

Councilman Paul R. Vasquez gave the invocation.

Adam Fesemeyer, fifth-grader at Lee Elementary, led the pledge of Allegiance. Adam was accompanied by his principal, Mr. Stone.

Mayor McCaleb congratulated Wanda Merritt on her new position with a Community Builders program through the Department of Housing and Urban Development.

Councilwoman Alexander moved to approve the minutes of the August 13, 1998 Pre-Council and Council Meeting as printed. 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.

Councilman Drennan moved to approve consent agenda items 3.1, 3.2, and 3.4 through 3.6 as recommended by staff. Item 3.3 was removed from the Consent Agenda to be considered separately. Councilwoman Martinez seconded the motion and the motion carried.

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

NAYS: None.

1. Resolution approving a bond resolution by Abilene Health Facilities Development Corporation providing for the issuance of bonds for Sears Methodist Retirement System, Inc.

2. Oral Resolution approving a contract amendment extending the agreement for disbursement of Home Investment Partnerships Program (HOME) Funds to Habitat for Humanity Abilene, Inc.
3. Oral Resolution approving the 9-1-1 Emergency Communications District revised FY 1997/98 and proposed FY 1998-99 budgets. Removed from the Consent Agenda to be considered separately.
4. Oral Resolution approving and authorizing the Mayor to execute a street use license for Hardin-Simmons University to control vehicular access on Simmons Avenue.
5. Resolution approving an agreement with Texas Department of Transportation regarding Governor's Community Achievement Award.

The Resolution is numbered 25-1998 and is captioned as follows:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ABILENE, TEXAS, APPROVING AN AGREEMENT WITH TEXAS DEPARTMENT OF TRANSPORTATION (TxDOT) REGARDING THE GOVERNOR'S COMMUNITY ACHIEVEMENT AWARD PROGRAM OF THE TEXAS DEPARTMENT OF TRANSPORTATION AND THE TEXAS TRANSPORTATION COMMISSION.

Award of Bid

6. Award of contract for copier, Bid #CB8061. The contract was awarded to Xerox Copiers in the amount of $1,440/month for a 3-year lease to expire in September, 2001 with an option to renew for an additional 3-year term, as recommended by staff.

3.3 Roy McDaniel, City Manager, reported to the Council regarding an Oral Resolution approving the 9-1-1 Emergency Communications District revised FY 1997/98 and proposed FY 1998-99 budgets. Mr. McDaniel stated the 9-1-1 Board met August 26 to consider the revised FY 97/98 and proposed FY 1998-99 budgets, but due to a last minute request from Sheriff Dieken for funding of two dispatcher positions, the item was tabled. The Board requested justification information be provided in ample time for consideration and scheduled another meeting for September 8. Staff recommends tabling the request until after the September 8 board meeting.

Mayor McCaleb stated the importance of the 9-1-1 board to serve properly and equally all of the needs of the people in Taylor County, noting the population of Taylor County, the majority of which is within the City of Abilene, the source of revenue and the number of 9-1-1 calls are three primary points of consideration. The Mayor also commented that this is the best, most efficiently run 9-1-1 district with the lowest cost to the citizens with the quality of service not being diminished, and stated it is important to continue to see it is operated that way.

Councilman Drennan moved to table the Oral Resolution approving the 9-1-1 Emergency Communications District revised FY 1997/98 and proposed FY 1998-99 budgets, 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.

4.9 General Mike McMahan, Dyess Air Force Base, introduced the concept of off base housing for military personnel, stating the Air Force has performed an extensive evaluation of the methods available to reduce the housing deficit for military members assigned to Dyess AFB. The preliminary decision is to facilitate private construction, maintenance, and ownership of 402 new apartments and townhouse units off Dyess AFB. The off-base concept will specify that local codes apply, and Dyess will be dependent upon the City of Abilene's support to assure full compliance with building, zoning, fire, utility, and security codes. Part of the intent of the program is to open a dialogue between the Department of Defense, Dyess, and the City of Abilene to work together for the common good.

Col. Bob Peters gave a presentation on what the proposed project is about concerning the fundamental aspects, noting some of the information is preliminary in that this is a pilot project, and asked for Council support. Col. Peters continued by stating an industry forum has been set for October 22-23 at the Abilene Civic Center where more specific details will be given. Col. Peters explained privatization regarding this project, listing a 3-step evaluation process as follows: 1) select the highest qualified firms, 2) request for proposals, and 3) finalize an agreement with the best firm. Support from the community is needed for the project, and Dyess Air Force Base is encouraging the private sector to construct the units.

Councilman Drennan asked if the housing would be exclusive for Air Force personnel?

Col. Peters responded military personnel is the primary target. The intent of the legislation is support of the military.

Councilman Drennan questioned if 600 units were built, could military personnel and the private sector be mixed?

Col. Peters stated the first option would be to the military. The agreement is housing for Air Force members.

Councilman Drennan stated there is a great benefit when military and private sectors are combined.

Mayor McCaleb stated certain dimensions of the project are being done for the first time ever. The first venture into this will be the industry forum, and asked Col. Peters what results are expected from the forum and what part would the City have in the forum?

Col. Peters stated the two-day industry forum would be on the financial and legal specifics of the project. The first day of the forum would be informational, with the second day allowing for feedback. Dyess requests that a representative from the City give a presentation concerning City codes at the forum.

Mike Morrison, Assistant City Manager, stated he met with Dyess officials to discuss the forum. A team of staff to include Public Works, Community Development, Building Inspection, Fire, and Police will be developed, which will be prepared to present the City information. This team will work with developers prior to selection and then also after the developer is chosen.

General McMahan noted the critical time is between now and the end of October to get thorough information out. Teamwork is critical - the Request for Proposals will outline all requirements, and communicating and teaming with contractors is important. The General then stated his appreciation for the opportunity to present this project.

Councilman Vasquez asked what sites for location have been considered, and asked if Dyess had consulted with the school district about the impact of the prospective sites to them.

Col. Peters stated this is the type of communication needed and expected at the forum.

Mayor McCaleb recognized Charlie Dromgoole, President of the Chamber of Commerce and Bill Ehrie, Abilene Industrial Foundation, who pledged their support to the project.

Mr. Ehrie stated this is only Phase I of the project, and that the team the Council appoints will find this project to be ongoing.

Mayor McCaleb stated this is an important project, not just to Dyess, but to the City of Abilene and noted he likes the idea of Abilene once again being involved in a "first time" project.

Mayor McCaleb stated appreciation to the Dyess representatives for their presentation and noted no Council action is required.

4.1 Jeff Armstrong, Senior Planner, briefed the Council on an Ordinance considered on second and final reading amending Sections 23-306.4 and 23-306.5.C of the Zoning Ordinance (Mixed Use (MX) Overlay Zone) to allow Outdoor Practice and Recreational Facilities. Mr. Armstrong noted this is only an amendment to the Zoning Ordinance and does not apply to any specific piece of property in Abilene. 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:

. Paul Cannon, representing McMurry, stated the language of the Ordinance regarding mixed use is not exclusive and noted the process involved.

Mr. Armstrong noted that any Mixed Use review decision can be appealed to the Board of Adjustment, and the public can address the Mixed Use Review Board.

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

Councilwoman Martinez moved to approve the Ordinance amending Sections 23-306.4 and 23-306.5.C of the Zoning Ordinance (Mixed Use (MX) Overlay Zone), to allow Outdoor Practice and Recreational Facilities, as recommended by the Planning & Zoning Commission and 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 42-1998 and is captioned as follows:

4.2 Jeff Armstrong, Senior Planner, briefed the Council on an Ordinance considered on second and final reading - Z-03598 - Add MX (Mixed Use Overlay) to underlying RS-6 & RS-6/PH (Residential Single Family & Residential Single Family/Patio Home Overlay) district located in the 1200 block of Marshall Street. 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:

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

Councilwoman Alexander moved to approve the Ordinance Add MX (Mixed Use Overlay) to underlying RS-6 & RS-6/PH (Residential Single Family & Residential Single Family/Patio Home Overlay) district located in the 1200 block of Marshall Street, as recommended. 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 43-1998 and is captioned as follows:

4.3 Jeff Armstrong, Senior Planner, briefed the Council on an Ordinance considered on second and final reading Z-03698 - Rezone from HC (Heavy Commercial) to MH (Mobile Home) district located in the 3000 block of E. N. 10^th Street. 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.

Councilman Vasquez moved to approve the Ordinance to rezone from HC (Heavy Commercial) to MH (Mobile Home) district located in the 3000 block of E. N. 10^th Street, as recommended. 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.

The Ordinance is numbered 44-1998 and is captioned as follows:

4.4 Jeff Armstrong, Senior Planner, briefed the Council on an Ordinance considered on second and final reading amending various sections of the Zoning Ordinance. The Planning and Zoning Commission and staff recommend approval. Mr. Armstrong publicly thanked the group of developers and homeowners that were consulted for over approximately one year whose input contributed to the final recommendations.

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 Brown moved to approve the Ordinance amending various sections of the Zoning Ordinance, 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 45-1998 and is captioned as follows:

4.5 Cindy Cullen, Technology Liaison, briefed the Council on an Ordinance considered on second and final reading approving an additional 120-day extension of the TCA Cable franchise. Staff recommends approval.

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

. Ruben Reveles, TCA representative.

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

Councilwoman Martinez moved to approve the Ordinance approving an additional 120-day extension of the TCA Cable franchise, as recommended. 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.

The Ordinance is numbered 46-1998 and is captioned as follows:

4.6 Sharon Hicks, City Attorney, briefed the Council on an Ordinance considered on second and final reading approving the continuation and modification of the WTU pilot program for select time of use tariff. Staff recommends approval. No public hearing is required.

Councilman Vasquez moved to approve the Ordinance approving the continuation and modification of the WTU pilot program for select time of use tariff, as recommended. Councilman Drennan 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 47-1998 and is captioned as follows:

4.7 David Wright, Director of Finance, briefed the Council on an Ordinance considered on second and final reading approving the Revised 1997-98 Budget and Proposed 1998-99 Budget. Staff recommends approval.

Mayor McCaleb opened a combined public hearing on this item along with Item 4.8, Ordinance setting FY 1998-99 tax levy, indicating each item will require a separate vote. There being no one present and desiring to be heard, the public hearing was closed.

Councilman Vasquez moved to adopt the Ordinance approving the Revised 1997-98 Budget and Proposed 1998-99 Budget, as recommended by staff. 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.

The Ordinance is numbered 48-1998 and is captioned as follows:

Councilman Brown moved to approve the Ordinance setting FY 1998-99 tax levy, as recommended by staff. 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.

The Ordinance is numbered 49-1998 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.

There being no further business, the meeting was adjourned at 12:15 p.m.

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Jo Moore, CMC, City Secretary

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Gary D. McCaleb, Mayor