The City Council of the City of Abilene, Texas, met in a Pre-Council Work Session on April 8,1999, 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 Brown, Jr., and Councilwoman Kay Alexander. Also present were City Manager Roy L. McDaniel, City Attorney Sharon Hicks, City Secretary Jo Moore, and various members of the City staff.

City Manager Roy McDaniel distributed information concerning meetings of and inviting participation in an informal work group that will review and suggest revisions to the City of Abilene’s Drought Contingency Ordinance. Kathy Merrill, Director of Administrative Services introduced Jeff Benton, Assistant Director, who gave a summary and overview of the training and employee development program. Highlighted were Driving Force of Training and Employee Development, Key Components of the City’s Vision, Mission, & Values, Goals of Training & Employee Development, Mission of Training & Employee Development, Highlights-Training & Employee Development, Needs Assessment, Target Competencies, Training & Employee Development Programs, Employee Development Programs, Supervisory & Management Development Programs, Executive Development Programs, and Future of Training & Employee Development. The Council’s consensus was that courteous and friendly customer service is very important and should always be practiced. The Council briefly discussed various consent and regular agenda items. A change to the Ordinance exhibit on Page 9 of Item 3.2, Rezone from Residential Single Family to Planned Development Residential district was distributed. City Manager Roy McDaniel stated item 4.4, Ordinance authorizing promissory note in the aggregate principal amount of $1,295,000, together with Contract for Loan Guarantee Assistance under Section 108 of the Housing and Community Development Act of 1974, as amended, 42 U.S.C. Section 5308 in connection therewith and relating to "Section 108 Government Guaranteed Participation Certificates, Series HUD 1999-A", was removed from the Agenda after staff’s further review determined this document was not necessary, having been addressed through previous Council action. Councilman Drennan addressed a joint declaration document that was submitted to Council from Mr. Kyle Tatum that relates to item 4.3 addressing the deed restriction on the S. 14^th property. Mr. Drennan asked City Attorney Sharon Hicks if zoning should be cleared up first or the deed restriction. Ms. Hicks replied that the City is not responsible for enforcing the deed restriction, and there is no right or wrong sequence of events that is mandated. 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 April 8,1999, at 9:00 a.m. in the City Council Chambers of City Hall.

Mayor McCaleb offered condolences to the families and friends of Sandra Witt, Erica Arispe, Naomi Martinez, and Penny Estrada, the four women tragically killed last week and addressed the strength, support, and compassion that was exhibited by the Police Department and the community.

Councilwoman Kay Alexander gave the invocation.

Pledge of Allegiance was led by Ben Gibbs, 5^th grader at Taylor Elementary school, and accompanied by his counselor, Don Woods.

Mayor McCaleb presented proclamations as follows:

April 18-24 as Week of the Young Child.

April as Youth Alcohol Awareness Month.

There being no corrections, additions, or deletions to the minutes of the Pre-Council Session and Regular City Council Meeting held March 25, 1999, Councilman Drennan 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 Beckham moved to approve consent agenda item 3.1, and approval of first reading of items 3.2 through 3.5, as recommended by staff. Councilman Brown seconded the motion and the motion carried.

AYES: Councilmen Vasquez (excluding item 3.5) and Drennan (excluding item 3.2), Councilwoman Martinez, Councilmen Beckham and Brown, Councilwoman Alexander, and Mayor McCaleb (excluding item 3.2).

NAYS: None.

ABSTAIN: Mayor McCaleb, due to his employment with ACU, and Councilman Drennan, due to his serving on the ACU Board of Directors on Item 3.2 only; and Councilman Vasquez, due to his employment with HSU, on Item 3.5 only.

1. 36" pipe for Water Utilities Department, Bid #CB-9040A. The bid was awarded to Western Industrial Supply Company of Amarillo as the most advantageous to the City in the amount of $49,450.00 for the 36" water line and $2,550.00 for the two 90-degree bends, as recommended by staff.

4.1 Mayor McCaleb announced Earnest Merritt, who will present the report on the City’s Youth Programs is the former Special Assistant to the City Manager for Youth Services, and is now employed by AISD. The Mayor further stated Mr. Merritt has been exceptionally effective in the area of youth programs and although he will be missed, AISD will provide the same or more opportunities for Mr. Merritt to work with the youth of our community.

Mr. Merritt stated his appreciation to the Mayor and Council for their support during his service with the City. He then briefed the Council on three of the 14 City of Abilene Youth Programs, being late night basketball, teen court, and Operation Bright Star. Mr. Merritt also noted recommendations from the Evaluation Committee that addresses the merging and/or moving of Youth Programs to other City Departments and divisions.

Council commended the programs and Mr. Merritt, and raised the following questions and concerns: whether the divisions acquiring the programs have a working knowledge of the programs, if additional funding will be needed, if Operation Bright Star will continue, and who will be responsible for the MLK Program. The Council also noted the importance of maintaining the care, compassion and effectiveness the programs currently exhibit.

Mr. Merritt responded that the divisions will have a working knowledge of the programs, additional funding should not be needed, and Operation Bright Star will be overseen by the Economic Development Department. Mr. Merritt asked Mr. McDaniel to respond to the question concerning future staff for the MLK Program, stating that will be a Management decision.

Mr. McDaniel stated that although you don’t replace a staff member like Mr. Merritt, who has been a part of the implementation of the programs, he feels the recommendation to distribute the programs to different divisions will work. Mr. McDaniel further stated the City has a commitment to the Youth programs, and that there has not yet been a decision made on who will oversee the MLK program.

Council stated their appreciation to Mr. Merritt for the excellent job he did as the City Youth Services Coordinator and asked him to keep the City aware of any needs or recommendations he may have in the area of Youth Services.

No Council action was required.

4.2 Tucker Bridwell, Chair of the DCOA, briefed the Council on an Oral Resolution approving the Development Corporation of Abilene, Inc. Report of Activities for FY ended September 30, 1998. Mr. Bridwell thanked the Mayor and Council for their support and continued with the 1999 outlook.

Council expressed their appreciation to the DCOA and Mr. Bridwell for their dedication and foresight, noting the slow but steady revenue growth and the move toward regional development as an excellent broad approach. No Council action was taken.

4.3 Jeff Armstrong, Development Services Administrator, briefed the Council on an Ordinance considered on second and final reading - Z-03998 – Add MX (Mixed Use Overlay) to underlying RM-3 (Residential Multi-Family) district located in the 3500 block of S. 14^th Street. The Planning and Zoning Commission and staff recommend approval. Mr. Armstrong stated this item requires a super majority vote of five, and that one Councilmember will be abstaining.

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

• Mrs. Scott Taliaferro, 1414 Tanglewood, stated development is better than a vacant lot.
• Mr. Dan Boone, proponent, 1125 Elmwood Dr., wants to clear up rumors and misinformation. Mr. Boone stated this is the worst investment he has ever made, but the options he sees are: 1) leave the lot vacant; MX is not designed to prevent development, but is designed to not negatively impact the neighborhood, 2) build a memorial park or formal garden (too expensive); 3) multifamily housing – two 3-story townhouses; or 4) his original proposal to add Mixed Use Overlay. Mr. Boone further stated that City Attorney Sharon Hicks had attempted to set a meeting for communication and negotiation with the neighborhood, but had not been successful in doing that.

• Kyle Tatum, 1365 Sylvan, is not opposed to a one-story insurance building, but is opposed to what he sees as the city’s waste of resources. Mr. Tatum noted Council minutes of 1982 reflect a compromise was met on deed restrictions, and feels it is a continued waste of city time and resources when and if this has to go through litigation. Mr. Tatum concluded by requesting Council table the item to give the parties involved a chance to resolve the issue.
• Pat Petty, 2101 Sylvan, representing the Abilene Women’s Club, stated they would like to keep the integrity of the club, which was built in 1954. She asked the proponents not to encroach on the neighborhood, suggesting the best use of the property is residential.
• Susan Humphreys, 110 Circle of Holly, stated the lot has been vacant many years and has been used as a dumping ground, and noted if a residence were going to be built there, it would have already been built. She feels a tasteful conservative office building would be a positive for the area and would be a realistic and practical use of the lot. She is a member of the Women’s Club, but does not understand the objections, or concerns.
• Teena Tatum, 1365 Sylvan, stated she can see the lot from her home and is concerned the Boone’s plan for an insurance office may not be finalized and a restaurant or florist shop could be put there. She stated majority rules and will ultimately speak to the Council.
• Jay Henson, 1409 Sylvan, stated his property is contiguous to the property being discussed, and voiced his concerns on what this will to do to the property values.
• Sandy Arnold, 1341 Hollis, stated this is not just a Women’s Club issue. All involved know a deed restriction exists which could result in civil action and she then listed some businesses that could be developed on the property.
• Paula Martinez, 1401 Sylvan, stated she is a single mom, and would not have bought her home if a business had been there – she would be devastated if a commercial business were there.
• Bryan Tilbrook, agent for Mr. Boone, stated there has been miscommunication. If the request were approved and they can proceed, then it would be his responsibility to convince five homeowners closest to the area to agree with the proposed development, and he stated they would have the final say.

Council took a five-minute break at 11:20 a.m.

• Bob Bartlett, 1417 Sylvan, is opposed; stating the original owners wanted it to remain indefinitely for residential use. Mr. Bartlett asked if the MX overlay would apply to a different buyer, and a different business, and what enforcement authority does the MX board have?
• Gretchen Henson, 1409 Sylvan, asked Council to think of themselves as a homeowner with children, would they choose a residence or business for the area?
• Jeff Luther, 118 Circle of Holly, Planning and Zoning Committee member, stated he used to play on the lot as a child, and his father owned this property at one time. Mr. Luther stated he lives right behind the Women’s Club and loves it. This is not about a specific business, but about a zone change from something that has not worked to give a chance for something to work. If Council approves this request, nothing will be lost; it would just be a continuation of the process - if denied, it could close the door of opportunity. Mr. Luther then thanked the Council for their public service, and expressed his appreciation especially to Mayor McCaleb for his leadership.

Mr. Armstrong, in response to procedural zoning questions, stated the Council is not considering approval of an insurance office, but only the Mixed Use Overlay Zoning – it would still have to go to the MX board, who would then have to consider each and every use requested. A certificate of occupancy would be required and would not be issued until the property came under full compliance. The owners of the property could be issued a citation if compliance were to stop.

Councilwoman Alexander pointed out that Mr. Boone had stated Ms. Hicks had attempted to set a meeting for negotiating, and asked why that meeting did not take place.

Ms. Hicks stated that when she discovered the item required only five votes of the Council instead of six as originally thought, she told the Boones that she would call the neighbors and inform them of that, and during those conversations her intent was to offer to facilitate a meeting for compromise. She apologized if she failed to communicate that.

Several of the neighbors replied they did not understand that to be her intent but they were willing to meet with the Boones to see if a compromise could be worked out.

Councilman Drennan moved to table the request in order to give all parties involved the opportunity to communicate and work toward resolving through compromise. Councilwoman Alexander seconded the motion and the motion carried.

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

NAYS: None.

ABSTAIN: Councilman Beckham, resident of the area.

Mayor McCaleb strongly encouraged all parties involved to discuss and negotiate the issue. The Mayor noted Mr. Armstrong had stated MX is appropriate when in harmony with the surrounding area and at this point he did not see this happening. The Mayor further stated it is good when citizens get involved and express their concerns and he appreciates the civil and courteous way comments were made today.

4.4 Approval of First Reading - Ordinance authorizing promissory note in the aggregate principal amount of $1,295,000, together with Contract for Loan Guarantee Assistance under Section 108 of the Housing and Community Development Act of 1974, as amended, 42 U.S.C. Section 5308 in connection therewith and relating to "Section108 Government Guaranteed Participation Certificates, Series HUD 1999-A", and set a public hearing for April 22, 1999 at 9:00 a.m., if required. Removed from the agenda as noted in the Pre Council session.

5.0 Other Business

Mayor McCaleb recessed the Council into executive session pursuant to Sections 551.071, 551.072, and 551.074 of the Open Meetings Act, and to seek the advice of the City Attorney with respect to pending and contemplated litigation, to consider land purchase, and to consider the appointment and evaluation of public officers.

The Council reconvened from executive session and reported no action taken.

No action was taken on Item 5.4, Oral Resolution to consider land purchase in Downtown Abilene.

Jo Moore, City Secretary

Gary D. McCaleb, Mayor