The City Council of the City of Abilene, Texas, met in a Pre-Council Work Session on October 22, 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 A. 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.

City Secretary Jo Moore distributed for Council information a memo on miscellaneous corrections that have been made to the original Election Resolution. Council discussed concerns with the portion of item 3.3, Resolution approving names for access ways on private property for addressing purposes that designates one of the internal access ways on McMurry University as 87^th Avenue. Due to the inconsistent numbering in connection with the other numbered streets in the area, the 87^th Avenue portion of the Resolution was removed and staff will contact McMurry about the possibility of another street name. David Wright, Director of Finance, distributed a staff memorandum and bid tabulation for Item 3.5, Award of Bid for Fiber Optic Cable - CB#9013 due to the bid opening not occurring until October 19, 1998. Staff is recommending the bid be awarded to the lowest responsible bidder, Anixter, Inc. of Austin in the amount of $17,882.00. The Council briefly discussed various other consent and regular agenda items. 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 October 22, 1998, at 9:00 a.m. in the Council Chambers of City Hall.

Councilman A. Don Drennan gave the invocation.

Pledge of Allegiance was led by Meredith Varner, third grader at Taylor Elementary School, who was accompanied by her principal, Cam Hurst; her mother, Linda Varner; and her grandmothers, Mrs. Tuttle and Mrs. Varner.

There being no corrections, additions, or deletions to the minutes of the Pre-Council Session and Regular City Council Meeting held October 8, 1998, Councilman Brown moved to approve the minutes as printed. Councilman Beckham 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 through 3.11, and approval of first reading for Item 3.12, as recommended by staff. The "87^th Avenue" portion from Item 3.3, Resolution approving names for access ways on private property for addressing purposes, was removed for later consideration. 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.

4.1 Andy Anderson, Director of Community Development, briefed the Council on the history of the Capital Improvements Program Committee, in addressing the City's Capital needs, then introduced Mr. John Clark, Chair of the Committee. Mr. Clark acknowledged Committee members and briefed the Council on the process the Committee followed in looking at the City's capital needs, which cumulated in $90 million worth of projects being reviewed. The Committee then focused on high priority projects, which included considering diversity, geographics, and the most immediate needs provided by municipal services being met. The Committee's final recommendation was for the Council to order a $21 million bond election with five propositions as follows: Proposition 1 - Street & Traffic Improvements: $11,520,000; Proposition 2 - Rose Park Senior Citizen Center: $3,800,000; Proposition 3 - Park Improvements: $1,930,000; Proposition 4 - Civic Center Renovations: $1,120,000; and Proposition 5 - Central Fire Station, Emergency Operations Center, and Other Public Safety Improvements: $2,630,000. The Committee emphasized that although the Stevenson Park Pool is not recommended for funding with bonds, they do believe it is a high priority and should be with an alternative method, such as Certificates of Obligation in the coming year. The Committee recommended to the Council that they strongly consider more frequent, smaller bond elections to avoid the tough issues they faced this year; perhaps on a 3-5 year basis.

Mayor McCaleb stated he is extremely impressed with the quality of work the Capital Improvements Program Committee has done.

Councilwoman Martinez questioned the effect on homeowners in reference to taxes. David Wright, Director of Finance, replied that over a four-year period the maximum rate increase would be $0.07008. The projection is based on several assumptions, including interest rate and growth in property value.

Councilman Drennan stated that after reading the minutes of the Committee, he was impressed and pleased with the depth, time, and energy put into this. Mr. Drennan further stated history shows we have not maintained as we should have and are now faced with that needed maintenance. Councilman Drennan noted the chosen projects will meet so many of those needs, and that he is surprised at the cost being so low. Mr. Clark replied that the Committee was also surprised at the low cost, noting this is the best time to borrow money.

Councilman Vasquez stated he was impressed with the presentation and with the diversity and inclusiveness of the chosen projects.

Councilman Beckham questioned if the Committee has a recommendation on the use of the current Rose Park Center facility if a new center were built. Mr. Clark replied there is no Committee recommendation, but possibly moving the health department into the facility was suggested.

Councilman Beckham stated from an investment perspective, there is a time to take on debt, and now is the time.

Councilwoman Alexander stated she has heard many comments from citizens and staff on this Committee that are positive. The process was very thorough and now the Committee will be looked at in being instrumental in taking the capital needs projects to the citizens.

Councilman Brown stated he was impressed and commended the Committee's work, especially on the inclusiveness of the projects.

Mayor McCaleb stated the Committee was trusted to do the work, which they did so well, and that there are no frills in their proposal, but essentials for basic infrastructure from which the citizens in the future will greatly benefit.

Councilwoman Martinez moved to accept the Final Report from the Capital Improvements Program Committee, as presented. 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.

4.2 Sharon Hicks, City Attorney, briefed the Council on a Resolution ordering a Bond Election for Capital Improvements proposed for Tuesday, December 8, 1998. Councilman Vasquez requested removing Saturday voting because he feels it is not financially feasible with only 140 citizens voting on Saturday at the last election for a cost to the City of $1,200.00. City Manager Roy McDaniel stated the reasoning behind the staff recommendation for Saturday voting is based on the fact that State law requires the Saturday voting if only 15 registered voters request it.

Councilman Drennan moved to approve the Resolution ordering a Bond Election for Capital Improvements for Tuesday, December 8, 1998 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 Resolution is numbered 33-1998 and is captioned as follows:

A RESOLUTION OF THE COUNCIL OF THE CITY OF ABILENE, TEXAS ORDERING A BOND ELECTION FOR CAPITAL IMPROVEMENTS TO BE HELD IN SAID CITY ON DECEMBER 8, 1998; PROVIDING FOR THE ELECTION PRECINCTS, LOCATIONS OF POLLING PLACES, EARLY AND SATURDAY VOTING; PROVIDING FOR THE PROPOSITIONS; PROVIDING FOR A PROCLAMATION NOTICE AND PUBLICATION OF NOTICE OF SAID ELECTION.

4.3 Jeff Armstrong, Senior Planner, briefed the Council on an Ordinance considered on second and final reading - Z-03498 - Ordinance amending PDD-65 concerning acreage and permitted uses located at I-20 and Loop 322. 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 amending PDD-65 concerning acreage and permitted uses located at I-20 and Loop 322, 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 52-1998 and is captioned as follows:

4.4 Jeff Armstrong, Senior Planner, briefed the Council on an Ordinance considered on second and final reading - Z-04498 - Rezone from O (Office) to GC (General Commercial) district located in the 1600 block of Sherman Drive. The Planning and Zoning Commission recommends approval, staff recommends denial based on the 1985 Western Land Use Study recommending against intensive commercial and the potential for incompatible land uses adjacent to residential zoning and local streets.

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

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

Councilman Beckham questioned access, if it would be dangerous for traffic flow and if there are any options for the City to improve the traffic flow? Mr. Beckham stated the traffic and access issue should be addressed prior to zoning being addressed. If it were tabled today, staff could address traffic and access issues, and bring back the information and recommendations to Council at a later date.

Councilman Vasquez moved to table the request to Rezone from O (Office) to GC (General Commercial) district located in the 1600 block of Sherman Drive, to allow staff time to talk to the personnel at the school located in the area about their concerns and to address the traffic and access issues, keeping in mind the property owners' interest in harmonious zoning. The item is to be brought back to the Council as soon as possible. Councilman Beckham 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.

4.5 Jeff Armstrong, Senior Planner, briefed the Council on an Ordinance considered on second and final reading - Z-04598 - Rezone from RS-6 (Residential Single Family) to RM-3 (Residential Multi-Family) district located at 765 & 773 EN 13^th Street. The Planning and Zoning Commission and staff recommend approval based on the compatibility with mixed residential character of the neighborhood.

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 RS-6 (Residential Single Family) to RM-3 (Residential Multi-Family) district located at 765 & 773 EN 13^th Street, as recommended by the Planning and Zoning Commission and 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 53-1998 and is captioned as follows:

4.6 Jeff Armstrong, Senior Planner, informed the Council that the proponent has requested the Ordinance considered on second and final reading - Z-04698 - Rezone from SC (Shopping Center) to GC (General Commercial) district located at the southeast corner of Buffalo Gap Road & Champions Drive be tabled. The consensus of the Council was for Mr. Armstrong to brief them on the item. Mayor McCaleb stated the public hearing would then be held to accommodate the citizens present for the hearing and the Council needs to hear the specifics of the request and the reasons to consider tabling this item.

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

. Resident of 6433 Inverrary, concerned with the domino effect of rezoning.

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

Councilman Vasquez stated for the record, this is an Abilene issue, not just a neighborhood issue.

Councilman Drennan stated that although he would be willing to table the item, he will vote against the rezoning. Mr. Drennan further stated he would encourage U-Haul to find a properly zoned area for their business.

Councilwoman Martinez moved to deny the request to Rezone from SC (Shopping Center) to GC (General Commercial) district located at the southeast corner of Buffalo Gap Road and Champions Drive. Councilwoman Alexander seconded the motion and the motion carried.

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

NAYS: Mayor McCaleb, who clarified his no vote by stating it is based on his being in favor of allowing further discussion on the item, although that discussion might not have changed his ultimate decision to vote to deny the request.

4.7 Jeff Armstrong, Senior Planner, briefed the Council on an Ordinance considered on second and final reading - Z-04798 - Rezone from AO (Agricultural Open Space) to RM-2 (Residential Multi-Family) zoning district located at Catclaw & Rolling Green Drives. 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 AO (Agricultural Open Space) to RM-2 (Residential Multi-Family) district located at Catclaw & Rolling Green Drives, 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 54-1998 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, 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 and reported no action taken.

Councilman Vasquez moved to approve Mayor McCaleb's appointment of Rolanda Fulham to the MH/MR Public Responsibility Committee, term expiring 8/99. Councilman Beckham 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 12:15 p.m.

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Jo Moore, City Secretary

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Gary D. McCaleb, Mayor