The City Council of the City of Abilene, Texas, met in Regular Session on November 19, 1998, at 9:00 A.M. in the City Council Chambers of City Hall. Mayor Gary D. McCaleb was present and presiding with Councilmen Paul R. Vasquez, A. Don Drennan, Rob Beckham, and Versie L. Brown, Jr. 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. Councilwomen Carol Martinez and Kay Alexander were absent.

The Council briefly discussed various consent and regular agenda items. City Manager Roy McDaniel stated information has been distributed to the Council on Item 4.4, Z-05198 – Ordinance amending PDD #62 concerning setback requirements for Tract I located on Phoenix Drive reflecting corrected wording on the Ordinance and Item 4.7, Ordinance amending Section 230-263 of the Subdivision Regulations pertaining to Alternative Design Standards concerning the Review Committee quorum requirements. Mayor McCaleb announced members of the Veteran’s Honors Guard will present the Posting of the Colors in the Council Chambers this morning, as part of Veteran’s Day observance. Mayor McCaleb noted the Regional Jet Service has started in Abilene with the first flight in to Abilene having 46-48 passengers on a 50-seat plane. It was also noted that consultants to update the Airport Master Plan are now being interviewed. There being no further discussion, the meeting was recessed until 9:00 a.m. for the regular Council Meeting.

Members of the Veteran’s Honor Guard conducted the posting of the colors.

Councilman Rob Beckham gave the invocation.

Pledge of Allegiance was led by Brittany Chesser, fourth-grader at Valley View Elementary; who was accompanied by her principal, Mrs. White.

Mayor McCaleb presented certificates of appreciation to the members of the Veteran’s Honor Guard, expressing gratitude for the service they have rendered to our country and continue to render through the Veteran’s Honor Guard.

Mayor McCaleb presented the following proclamations:

November as National Hospice month; and

November 28 as Iodine Deficiency Disorder Day.

There being no corrections, additions, or deletions to the minutes of the Pre-Council Session and Regular City Council Meeting held November 5, 1998, Councilman Brown moved to approve the minutes as printed. Councilman Drennan seconded the motion and the motion carried.

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

NAYS: None.

Councilman Vasquez moved to approve items 3.1 through 3.13 and first reading of Item 3.14, as recommended by the staff. Councilman Beckham seconded the motion and the motion carried.

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

NAYS: None.

The Resolution is numbered 37-1998 and is captioned as follows:

The Resolution is numbered 38-1998 and is captioned as follows:

The Ordinance is numbered 56-1998 and is captioned as follows:

REGULAR AGENDA

4.1 Mike Hall, Director of Community Services, introduced Lynn Barnett, Chair of the Visual Arts Jury, who presented to the Council the donation by Mr. & Mrs. L. E. Davis of a bronze eagle sculpture by Terry Gilbreth, with the board’s recommendation that the City accept the sculpture to be placed at the Abilene Civic Center.

Councilman Vasquez moved to accept the sculpture, as recommended. Councilman Drennan seconded the motion and the motion carried.

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

NAYS: None.

4.2 Jeff Armstrong, Senior Planner, briefed the Council on an Ordinance considered on second and final reading - TC-04898 – Thoroughfare abandonment of S. 24^th St. from the east r-o-w line of Maple St. to the west r-o-w line of Lakeside Drive. The Plat Review Committee and staff recommends approval based on the following conditions: 1) retaining accessible utility easements for gas, water, sewer, telephone, electric, and cable; 2) providing Fire Department access to all structures, fire hydrants, and maintaining all Fire Department connections; and 3) constructing an approved turnaround at the south end of Lakeside Drive shall be provided. The Planning & Zoning Commission 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.

Councilman Drennan moved to approve the Ordinance for thoroughfare abandonment of S. 24^th St. from the east r-o-w line of Maple St. to the west r-o-w line of Lakeside Drive with conditions as recommended by the Plat Review Committee and staff. Councilman Vasquez seconded the motion and the motion carried.

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

NAYS: None.

The Ordinance is numbered 57-1998 and is captioned as follows:

4.3 Jeff Armstrong, Senior Planner, briefed the Council on an Ordinance considered on second and final reading - Z-05098 – Add H (Historic Overlay) to underlying RM-2 (Residential Multi-Family) district located at 609 EN 16^th Street. The Planning & 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:

. Everett Ferguson, proponent.

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

Councilman Brown moved to approve the Ordinance on second and final reading to add Historic Overlay to underlying Residential Multi-Family district located at 609 EN 16^th Street, as recommended by staff. Councilman Vasquez seconded the motion and the motion carried.

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

NAYS: None.

The Ordinance is numbered 58-1998 and is captioned as follows:

4.4 Jeff Armstrong, Senior Planner, briefed the Council on an Ordinance considered on second and final reading - Z-05198 – Ordinance amending PDD #62 concerning setback requirements for Tract 1 located on Phoenix Drive. The Planning & Zoning Commission recommends approval. Staff recommends approval with the requirements as stated in Exhibit A of the Ordinance.

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

Jack Mergele, 21 Surrey Square, representing the proponent.

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

Councilman Beckham moved to approve the Ordinance amending PDD #62 concerning setback requirements for Tract 1 located on Phoenix Drive, as recommended by staff. Councilman Brown seconded the motion and the motion carried.

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

NAYS: None.

The Ordinance is numbered 59-1998 and is captioned as follows:

4.5 Jeff Armstrong, Senior Planner, briefed the Council on an Appealed Ordinance considered on second and final reading - Z-05298 – Rezone from AO & LI (Agricultural Open Space & Light Industrial) to GC (General Commercial) district located in the 4900-5100 block of S. Clack. The Planning & Zoning Commission recommends denial; staff recommends approval.

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

. Ed Patton, 2126 Gathright Dr., is concerned with traffic and traffic-related confusion.

City Manager Roy McDaniel stated Mr. E. E. Goodrich, via a phone call, stated he is in favor of the request. It was noted Mr. Goodrich is the owner of the property.

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

Councilman Beckham asked if General Commercial is the least intensive that would allow this; Mr. Armstrong replied yes. Mr. Armstrong stated the current zoning could have Light Industrial for manufacturing facilities, or Agricultural Open Space for single family homes, unlimited cattle, zoos, cemeteries, parks, carnival for a week; and it is large enough to qualify for Planned Development district.

Councilman Drennan voiced concerns if this item were approved, how the property would be accessed and noted other traffic issues.

James Condry, Assistant Director of Public Works, explained the traffic flow and the expected future improvements.

Councilman Vasquez suggested the neighborhood might want to consider purchasing the land.

Councilman Drennan stated anyone buying property in an area where vacant land is needs to be aware of what they’re investing in. A hotel in the area might be preferred over other options. Councilman Beckham stated his appreciation for the conduct of the neighborhood representatives and the maturity of a young man in attendance having sat quietly throughout the public hearing.

Mayor McCaleb stated the letters received and today’s comments were all courteous and thoughtful while expressing opinions respectfully, and although he is inclined to say it is not fair to a property owner to say they can’t use their land, this is a unique dilemma with the traffic working against the area. Mayor McCaleb further stated he is in favor of the property being used, but not as a hotel location. Although some improvements in traffic have been made, a hotel would increase the traffic problems and the traffic issues need to be resolved.

Councilman Drennan moved to deny the request to rezone from Agricultural Open Space & Light Industrial to General Commercial district located in the 4900-5100 block of S. Clack, as recommended by the Planning & Zoning Commission. Councilman Beckham seconded the motion and the motion carried.

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

NAYS: None.

4.6 Jeff Armstrong, Senior Planner, briefed the Council on an Ordinance considered on second and final reading amending Section 23-262 of Subdivision Regulations concerning Conventional Design Standards. The Planning & 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 considered on second and final reading amending Section 23-262 of Subdivision Regulations concerning Conventional Design Standards, as recommended by staff. Councilman Beckham seconded the motion and the motion carried.

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

NAYS: None.

The Ordinance is numbered 60-1998 and is captioned as follows:

4.7 Jeff Armstrong, Senior Planner, briefed the Council on an Ordinance considered on second and final reading amending Section 23-263 of the Subdivision Regulations pertaining to Alternative Design Standards. The Planning & 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 Drennan moved to approve the Ordinance considered on second and final reading amending Section 23-263 of the Subdivision Regulations pertaining to Alternative Design Standards, as recommended by staff. Councilman Brown seconded the motion and the motion carried.

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

NAYS: None.

The Ordinance is numbered 61-1998 and is captioned as follows:

5.1 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 the Mayor's fall board appointments and reappointments to various boards as listed below. Councilman Brown seconded the motion and the motion carried.

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

NAYS: None.

Reappoint:

Mr. Sam Kirkman

Mrs. Linda Neal

Mrs. Denna C. O'Connor

Mrs. Kay Berry

Mr. Bob Walker

Reappoint:

Mr. Harwell Barber

Mr. Richard Johnson

Mr. Raleigh Brown

Reappoint:

Mr. Stan Egger (Taylor Co. rep.)

Appoint:

Dr. Richard J. Orsini, D.D.S.

Reappoint:

Mrs. Kathy Webster

Appoint:

Mr. Robert Patterson

Reappoint:

Dr. Jack Callan, DVM

Mr. Gary Scott

Reappoint:

Mr. Gilbert Rodriguez, (from alternate to regular)

Mr. Wes Ratliff

Appoint:

Mrs. Vianiei Robinson

Mr. Josh Johnson, Alternate

Mr. Joe Haley, Alternate

Reappoint:

Mr. Jim McCathren, Architect (regular)

Mr. Paige Gollihar, Architect (alternate)

Mr. Kirby Leeson, Banker (alternate)

Mr. Mike Bannister, Banker (regular)

Mr. Terry Williams, Engineer (regular)

Mr. Tino Martinez, Realtor (regular)

Ms. Carla Vincent, Realtor (alternate)

Reappoint:

Mr. David Raymond

Reappoint:

Mr. Tucker Bridwell

Mr. Ken Burgess, Sr.

Reappoint:

Mr. Valree Brailsford

Mrs. Peg Cooke

Reappoint:

Mr. Andrew Penns, At-Large

Mr. Denny McFarland, Historical Com. rep.

Ms. Pat Frosch, At-Large

Reappoint:

Mrs. Belinda Cook

Mr. Jamie Torres

Mrs. Barbara Vick

Appoint:

Mrs. Elizabeth "Libby" Rankin

Dr. Marc Orner

Mrs. Betty McCutchen (term expires 11/99)

Reappoint:

Mr. Kenneth Musgrave

Mr. M.R. "Newt" Newberry

Mrs. Barbara Walker

Appoint:

Mrs. J.V. Johnson

Mr. Tim McClarty

Mr. Bob Gee

Reappoint:

Mr. C.G. Whitten

Mr. Jack Fulwiler

Mr. Joe Canon

Mr. Ken Shira

Mr. Mike Young Jr.

Mr. Syd Niblo

Appoint:

Mr. George Nichols

Tiffany Wagstaff

Reappoint:

Mr. Joe Frush

Mr. Bill Short

Reappoint:

Mr. Randy Nicholson

Mr. Neil Fry

Mr. Jesse Vasquez

Appoint:

Dr. Jon Connelly

There being no further business, the meeting adjourned at 11:51 a.m.

______________________________

Jo Moore, City Secretary

______________________________

Gary D. McCaleb, Mayor