The City Council of the City of Abilene, Texas, met in a Pre-Council Work Session on February 25, 1999, 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, 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.

Roy McDaniel, City Manager, stated the need for a Council meeting between May 4-7 to accommodate the canvassing period following the May 1^st election. The Council will notify City Secretary Jo Moore of their schedules for that month in order to set the best dates for the Council meetings. The Council briefly discussed various consent and regular agenda items. After Executive Session, the Council will reconvene on item 5.4 in the Basement Conference Room before the Financial Workshop. 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 February 25, 1999, at 9:00 a.m. in the Council Chambers of City Hall.

Councilwoman Carol Martinez gave the invocation.

Tara Wade, fifth grader at Bonham Elementary School, led the Pledge of Allegiance. Also present were her mother, Susan Wade; her grandparents, Dan & Jane Cummings; and the school secretary, Mrs. Gilliland.

Mayor McCaleb and Abilene Clean & Proud Coordinator Holly Haley, presented the Clean & Proud Quarterly Awards as follows: Outstanding Environmental Involvement Award to KRBC, WalMart on Judge Ely, Taylor County, and ACU for Recycle Christmas, Beautification to Curry Junction Apartments, and Littler Control to Juvenile Probation.

Mayor McCaleb presented a proclamation for March as Desk & Derrick Public Awareness Month.

There being no corrections, additions, or deletions to the minutes of the February 11, 1999 Pre-Council and Council minutes, Councilwoman Alexander moved to approve the minutes as printed. 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.

Councilman Drennan moved to approve consent agenda items 3.1 through 3.5, and approval of first reading of Item 3.6, as recommended by the 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.

1. Oral Resolution approving a street use license request from Respec, Inc. for the installation of monitoring wells in the public right-of-way at 802 Grape Street, and authorizing the Mayor to execute the agreement.
2. Oral Resolution authorizing the City Manager to execute an amendment to the Chlorine Dioxide Program letter agreement.
3. Resolution ordering the City Council General Election for May 1, 1999, and Runoff Election for June 5, 1999 if needed.

The Resolution is numbered 3-1999 and is captioned as follows:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ABILENE, TEXAS, ORDERING AN ELECTION TO BE HELD IN SAID CITY ON MAY 1, 1999; PROVIDING FOR THE ELECTION OF PERSONS TO SERVE AS MAYOR AND IN PLACES 3 AND 4 ON THE CITY COUNCIL OF THE CITY OF ABILENE; PROVIDING METHOD OF APPLICATION FOR PLACEMENT OF CANDIDATE’S NAME ON BALLOT; PROVIDING A FILING DEADLINE FOR ALL CANDIDATES; DESIGNATING ELECTION PRECINCTS AND POLLING PLACES; PROVIDING FOR BILINGUAL ELECTIONS FOR CITY ELECTIONS; AND PROVIDING FOR A PROCLAMATION NOTICE AND PUBLICATION OF NOTICE OF SAID ELECTIONS.

4. Resolution Expressing Official Intent to Reimburse Costs of General Obligation Bond Improvements.

The Resolution is numbered 4-1999 and is captioned as follows:

RESOLUTION EXPRESSING OFFICIAL INTENT TO REIMBURSE COSTS OF GENERAL OBLIGATION BOND IMPROVEMENTS.

Bid Awards

5. Uniform rental agreement for various departments, Bid #CB-9038. The bid was awarded to Unifirst Uniform Service on a per unit price basis. Contract term is for three years with the option to extend for an additional three-year term, as recommended by staff.

REGULAR AGENDA

4.1 Jeff Armstrong, Development Services Administrator, briefed the Council on an Ordinance considered on second and final reading - TC-00499 – Thoroughfare abandonment of the east 2’ X 40.3’ of a north-south alley located between S. 5^th & S. 6^th Streets and S. Treadaway and China Streets. The Planning and Zoning Commission and staff recommend approval, subject to the abandonment being under the building blueprint only.

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 for thoroughfare abandonment of the east 2’ X 40.3’ of a north-south alley located between S. 5^th & S. 6^th Streets and S. Treadaway and China Streets, subject to the abandonment being under the building blueprint only, 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 6-1999 and is captioned as follows:

4.2 Public Hearing: Z-00599 – Rezone from RS-8 (Residential Single Family) to RM-3 (Residential Multi-Family) district located at Ambler Avenue & Avenue D. Removed from the agenda at the request of the proponent for further review.

4.3 Jeff Armstrong, Development Services Administrator, briefed the Council on an Ordinance considered on second and final reading amending Sections 23-312, "Schedule of District Regulations" and 23-328, "Shopping Center District" of the Zoning Ordinance to change setback requirements in SC (Shopping Center) district. 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 Martinez moved to approve the Ordinance amending Sections 23-312, "Schedule of District Regulations" and 23-328, "Shopping Center District" of the Zoning Ordinance to change setback requirements in SC (Shopping Center) district, 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 7-1999 and is captioned as follows:

4. Mayor McCaleb stated agenda item 4.4 is on the regular agenda for first reading in order to present the Council with information and to set a public hearing. No public hearing will be held, nor will a decision be made for or against the item today.

James Condry, Assistant Director of Public Works, briefed the Council on an Ordinance amending Chapter 18, "Motor Vehicles and Traffic", Section 18-3 of the Abilene Municipal Code.

Mr. Condry addressed the improvements that have been made over the past several years to the appearance of the downtown area, and noted that the area has become a popular location for roller skating and skateboarding. Mr. Condry also addressed the problem these two activities have created in the area. Due to the danger to public and private property and the negative impact to other users of the downtown facilities, staff is recommending the Council approve the first reading of the Ordinance to prohibit these activities within the T & P and Abilene Commercial Historic Districts and to include the Civic Center area and set the second reading and a public hearing for March 11, 1999.

Elizabeth Grindstaff, Downtown Manager, showed slides of the damages to the downtown area.

Following the slide presentation, Mayor McCaleb stated there are several areas of concern in considering this issue some of which are not addressed in the Ordinance on today’s agenda, nor can those be addressed through an Ordinance, but they are still areas that need consideration. The Mayor further stated the whole issue needs to be addressed, including looking at additional areas in the city that property owners have requested be included, after the Ordinance was placed on the agenda. While the Ordinance addresses the property damages the areas of recreational needs not only roller-skating and skateboarding, but also roller blading should be considered.

Mayor McCaleb opened the floor for procedural comments only, stating the public hearing, which will be set for a later date, would allow comments on the proposed ordinance.

Jimmy McNeil, 642 EN 23^rd, former Councilmember and grandfather of a skateboarder, acknowledged the need to protect downtown, and stated there is a lot of pride in the downtown area.

Mr. McNeil distributed packets of information to the Council and stated he feels if we take our time that we’ll come up with a suitable answer for all parties involved.

Mayor McCaleb asked Mr. McNeil to work with staff and serve as the coordinator to bring all involved parties together to work toward a solution. Mr. McNeil agreed to do so and requested the March 11 public hearing be moved if possible due to his expected absence from town that day.

City Manager Roy McDaniel stated moving the public hearing to March 25 would give staff additional needed time for further review of the issues.

Danny Cummins, 726 S. Jefferson Dr., asked that the parks departments consider what can be done for teenagers in the area of parks improvements to provide the older children some activities.

Council agreed all the issues should be considered and encouraged those involved to attend the public hearing to voice their opinions and concerns on the whole issue.

Mayor McCaleb concluded by stating this is a multifaceted issue, and asked those involved to stop the activity in this area until a solution can be reached.

Councilman Drennan moved to approve first reading of the Ordinance with the addition of the Civic Center area amending Chapter 18, "Motor Vehicles and Traffic", Section 18-3 of the Abilene Municipal Code, and set a public hearing for March 25, 1999, 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.

Mayor McCaleb recessed the Council into executive session pursuant to Sections 551.071, 551.074, and 551.072 of the Open Meetings Act, to seek the advice of the City Attorney with respect to pending and contemplated litigation, to consider the appointment and evaluation of public officers, and for deliberation regarding real property. Mayor McCaleb stated that following the Executive Session, Council would reconvene in the Basement.

The Council reconvened from executive session to the Basement Conference Room and reported no action taken.

4. Roy McDaniel, City Manager, briefed the Council on an Oral Resolution to consider land purchase in downtown Abilene, stating the land will be utilized for the new Central Fire Station site. The two parcels of land are located between N. 2^nd & N. 3^rd on the west side of Grape Street. One parcel will be purchased from J. E. Delahanty for $33, 375.00 and the other from Lewis Pena, not to exceed $24,000.

Councilman Vasquez moved to approve by Oral Resolution the land purchase in downtown Abilene, and authorize the City Manager to execute the documents as recommended by staff. 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.

5.5 David Wright, Finance Director, introduced auditor Don Ashmore of Davis, Kinard & Co. and Mindy Whisenhunt, Assistant Director of Finance. Mr. Wright then reviewed the General Fund Revenue and Expenditures September 1998 and the General Fund recommended use of Year-End Balance as follows:

• $ 565,741 - Police Communications System
• $ 350,000 - Equipment Replacement
• $ 200,000 - Technology
• $ 50,000 - Facility Improvements
• $ 200,000 - Self Insurance
• $ 15,000 - Redbud Trail Repair

$1,380,741 TOTAL

• $ 72,803 - Undesignated Balance

$1,453,544

Mr. Wright reviewed the Water & Sewer Fund revenue and expenditures and addressed the Financial & Investment Policies as noted in the transmittal letter received by the Council.

Don Ashmore, auditor for Davis, Kinard & Co., briefed the Council on the Auditor’s Management Letter, including Staffing/Communications, Utility Billing Receivables, and the Year 2000 issue.

Councilman Drennan moved to approve and accept, with commendation to staff, the Financial and Investment Policies, the Comprehensive Annual Financial Report (CAFR) for FY 98, the audit report as presented and authorized the transfer of funds for the use of year end balance, as presented 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.

Mr. Wright presented the first quarter financial status and referred to the General Fund Revenue by Category chart, which included property tax collections and sales tax performance. Mr. Wright concluded with a preview of the Capital Improvements Program for 1999.

Airport Manager Rick Crider presented an update on the Airport capital improvement projects, the Airport Strategic Plan (3 goals), Airport Master Plan with specific action steps, Comprehensive Terminal Plan, Sources for Funding, Terminal Renovation and Expansion Project, Timing Phase I Cost Estimates, Phase II Cost Estimates, and Phases III, IV, V, and VI.

Mr. Wright distributed and reviewed the schedule of events for sale of $6,000,000 General Obligation Series 1999; $2,550,000 combination tax & revenue Certificates of Obligation Series 1999, and $1,200,000 combination tax & Airport revenue Certificates of Obligation Series 1999.

Mr. McDaniel distributed information and briefed the Council on the General Obligation Bonds $17,950.000 and the sale of Certificates of Obligation in the amount of $2,510,000. Mr. McDaniel reminded the Council that the parks item in the amount of $150,000 (in line hockey rink) was part of the Bond Election that failed. Mr. McDaniel further reviewed alternative projects that need to be done and Certificates of Obligation for Airport renovation and expansion.

Mr. McDaniel then asked Council for feedback and input. Councilman Vasquez questioned the delay of the Ambler Street repairs and Mr. Anderson, Community Development Director, replied by addressing the procedures and scheduling of repairs.

There being no further business, the meeting was adjourned at 11:52 a.m.

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Jo Moore, City Secretary

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Gary D. McCaleb, Mayor