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

Dwayne Hargesheimer, Director of Water Utilities, and Linda Simpson, Assistant Director of Water Utilities, briefed the Council on the activities of the citizens reviewing the Drought Contingency Ordinance. Ms. Simpson noted the names of the Citizens Review Committee, and their recommendations for future actions to take to help alleviate water problems. Ms. Simpson then distributed the Drought Contingency Ordinance Citizens Review Summary of Comments. Mr. McDaniel stated staff plans to have the Ordinance to Council for first reading on May 6, second reading on May 27, and if approved, the Ordinance would go into effect June 1, 1999. City Secretary Jo Moore noted a correction to Page 2 of the April 8 minutes will reflect Hendrick Medical Center as Councilman Vasquez’ place of employment instead of HSU. The Council briefly discussed various consent and regular agenda items. City Manager Roy McDaniel noted that at specifically 11:00 a.m. it would be necessary for the Council to open the bids under Item 4.7, Award of Bids; Consider Ordinances authorizing the issuance of City of Abilene, Texas: 1) General Obligation Bonds, Series 1999, in the amount of $6,000,000; 2) Combination Tax and Revenue Certificates of Obligation, Series 1999, in the amount of $2,500,000; 3) Combination Tax and Airport Revenue Certificates of Obligation, Series 1999, in the amount of $1,200,000. Jeff Armstrong, Development Services Administrator, briefed Council on changes to the Exhibit on Item 4.6, Z-00599 –Rezone from RS-6 (Residential Single Family) to PDR (Planned Development Residential) district property located at Ambler Avenue & Avenue D regarding specific conditions for rear or front access. Mr. Armstrong stated staff supports rear access only for safety reasons. Councilman Vasquez recommended that in Item 3.1, Resolution dedicating necessary staff resources to support Bid for 2003 Joint Training Institute and trade show of the Texas Recreation and Park Society and the Texas Parks & Wildlife Department, the word "necessary" be changed to "appropriate". 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 April 22, 1999, at 9:00 a.m. in the Council Chambers of City Hall.

Councilman Paul Vasquez gave the invocation.

Amelia Teague, a fifth-grader from Jackson Elementary School, led the Pledge of Allegiance. Amelia was accompanied by her mother, Helen Teague.

Mayor McCaleb presented the following proclamations:

April 25 – May 1, 1999 as National Crime Victims’ Rights Week, and

May 8, 1999 as Letter Carrier Food Drive Day.

Mayor McCaleb announced in honor of our military and specifically our three prisoners of war who are being held in the Republic of Yugoslavia, a Yellow Ribbon Campaign "kick-off" will be held on April 26^th at 10:30 a.m. on the front steps of City Hall.

Councilman Vasquez moved to approve the minutes of the City Council Meeting held April 8, 1999, as corrected. 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 Vasquez moved to approve consent agenda items 3.1 through 3.3, with the change in wording on item 3.1 from "necessary" to "appropriate", and approval of first reading of item 3.4, as recommended by the 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 Resolution is numbered 11-1999 and is captioned as follows:

3.3 Resolution adopting the revised Property Tax Abatement Policy.

The Resolution is numbered 12-1999 and is captioned as follows:

4. Approval of first reading: Ordinance reinstating zone deferment to allow Enterprise Property in the City’s Enterprise Zone program in the Reinvestment Zone (TIF) area for a period of six months, located at 150 Locust, and set a public hearing for May 6, 1999 at 9:00 a.m.

REGULAR AGENDA

Mayor McCaleb noted that Council is required to conduct the bid openings as outlined under agenda item 4.7, Award of Bids; Consider Ordinances authorizing the issuance of City of Abilene, Texas: 1) General Obligation Bonds, Series 1999, in the amount of $6,000,000; 2) Combination Tax and Revenue Certificates of Obligation, Series 1999, in the amount of $2,500, 000; and 3) Combination Tax and Airport Revenue Certificates of Obligation, Series 1999, in the amount of $1,200, 000, at exactly 11:00 a.m.

1. Mike Hall, Director of Community Services, briefed the Council on a request for approval by Oral Resolution the commitment of $110,000 for a skatepark facility contingent upon the Abilene Skatepark Association collecting $40,000 toward the development of the facility. Mr. Hall then introduced David Vletas, President of the Abilene Skatepark Association, who expressed his appreciation for the cooperation of all involved. Mr. Vletas stated that before formal fundraising begins, the Association is requesting Council approve $110,000 which would go toward the hiring of a professional contractor, the layout of a possible location which would encompass more than just a skateboarding facility, but could include other activities, i.e. cyclist and roller blading, and professional design of the facility. Mr. Vletas further stated the $150,000 would be sufficient for the development of the facility, but would also leave the facility open for expansion.

Council comments included; this is the right and safe thing to do, provides an excellent opportunity for athletics, and is especially appealing because the individuals that will use it are a part of implementing it, stating appreciation for Mr. Vletas’ involvement and to the skaters for having complied with the Mayor’s request to not skate downtown until the situation is resolved.

Mr. Vletas stated the benefit of the facility is to all the family. Abilene can take a leadership role for the rest of the State. The issue is about young people and giving them a way to express themselves and letting them know we care. Mr. Vletas stated individual cost to participate in the sport will be relatively inexpensive, and that there is good used equipment available. Mr. Vletas concluded by noting the association will promote awareness and education, and stated his appreciation to Mike Hall, Jimmy McNeil and staff for their involvement.

Mayor McCaleb noted the cooperative spirit from the beginning, stating he is especially pleased with the immediate way skateboarders responded. The outpouring of the numbers of skaters, parents, and others indicates a larger involvement and a willingness to share the cost. Mayor McCaleb concluded by stating it is encouraging that the Association exists for current and future activities.

Councilwoman Martinez moved to approve by Oral Resolution the commitment of $110,000 for a skatepark facility contingent upon the Abilene Skatepark Association collecting $40,000 toward the facility. 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 approving first reading of an Ordinance on Lone Star Gas rate increase; and a Resolution suspending the Lone Star Gas final rate increase, pending review.

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

• Mike Schweickhard, local manager for Lone Star Gas Co., gave an overview of the Lone Star Gas Rate request, stating the increase for the Abilene system is $1,150,172. The increase to a residential customer using an average of 26 Mcf per month would be $2.55 and the increase to the commercial customers would be $7.11.

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

Councilman Drennan pointed out the need to review this request very carefully due to three other adjustments being proposed as well as the rate increase.

Following further discussion, Councilman Drennan moved to approve the first reading of the Lone Star Gas rate increase Ordinance; and the Resolution suspending the Lone Star Gas final rate increase, pending review, 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.

No Ordinance caption was submitted.

The Resolution is numbered 13 -1999 and is captioned as follows:

4.3 Jeff Armstrong, Development Services Administrator, briefed the Council on an Ordinance considered on second and final reading - Z-01099 – Rezone from AO (Agricultural Open Space) to MH (Mobile Home) district property located at 9802 West Lake Road. The Planning and Zoning Commission and staff recommend approval.

Mayor McCaleb opened a public hearing, 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 Agricultural Open Space to Mobile Home district property located at 9802 West Lake Road, 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 11-1999 and is captioned as follows:

4.4 Jeff Armstrong, Development Services Administrator, briefed the Council on an Ordinance considered on second and final reading - TC-01199 – Thoroughfare abandonment of a portion of Lakeside Drive from the south right-of-way line of S. 21^st Street southward to its end at abandoned S. 24^th Street. The Planning and Zoning Commission recommends approval, staff recommends approval, subject to an open drainage easement being retained, as recommended by the Plat Review Committee.

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 for thoroughfare abandonment of a portion of Lakeside Drive from the south right-of-way line of S. 21^st Street southward to its end at abandoned S. 24^th Street, subject to an open drainage easement being retained 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 12-1999 and is captioned as follows:

4.5 Jeff Armstrong, Development Services Administrator, briefed the Council on Z-01299 – Rezone from LI & RS-6 (Light Industrial & Residential Single Family) to GC (General Commercial) district property located between N. Treadaway & Mesquite and N. 18^th & N. 17^th Streets. The Planning and Zoning Commission and staff recommend approval.

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

• Dwayne Martin, Director of Planning and Operations for Hendrick.

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

Councilman Brown moved to approve the Ordinance to rezone from Light Industrial & Residential Single Family to General Commercial district property located between N. Treadaway & Mesquite and N. 18^th & N. 17^th Streets, as recommended. Councilwoman Alexander seconded the motion and the motion carried.

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

NAYS: None.

ABSTAIN: Councilman Vasquez, due to his employment with Hendrick Medical Center.

The Ordinance is numbered 13-1999 and is captioned as follows:

4.6 Mayor McCaleb stated he and Councilman Drennan will abstain from voting or participating in the discussion on item 4.6 due to their ACU affiliation, but he will preside over the item, unless objections are voiced. No objections were voiced.

Jeff Armstrong, Development Services Administrator, briefed the Council on Z-00599 –Rezone from RS-6 (Residential Single Family) to PDR (Planned Development Residential) district property located at Ambler Avenue & Avenue D, noting the new Exhibit to the Ordinance distributed at the Pre-Council Session establishes requirements to address rear access only or front access only. The Planning and Zoning Commission recommends approval subject to deleting the no access off Ambler condition; staff recommends for safety reasons approval with rear access only.

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

• Larry Holmes, agent for the proponent, stated the proponent agrees to a one-story structure, to moving the fence back for better traffic flow, and to alley improvements. Mr. Holmes stated the proponent can’t eliminate all traffic out of the alley, but feels this request is reasonable and least invasive on neighbor’s privacy, stating ACU does not plan to develop the property, but does plan to sell it.
• Bob Childress, 2310 Campus Court, is opposed to the use of the alley as the only entrance, addressing problems with the proponent’s proposal.
• Mrs. Bob Childress, 2310 Campus Court, is opposed, stating the lot could be developed in a way that is good for the neighborhood and not detrimental.
• Dorothy Carraway, 658 EN 23^rd, is opposed, and encouraged Council to go look at the property.

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

Councilman Beckham moved to approve the Ordinance to Rezone from Residential Single Family to Planned Development Residential district property located at Ambler Avenue & Avenue D, as recommended by staff. Councilwoman Martinez seconded the motion and the motion carried.

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

NAYS: None.

ABSTAIN: Councilman Drennan and Mayor McCaleb, due to their affiliation with ACU.

The Ordinance is numbered 14-1999 and is captioned as follows:

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, 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, stating the Council would come out of executive session at 11:00 a.m. for item 4.7, Bid Opening.

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

4.7 Bid Opening 11:00 a.m. CDT:

David Wright, Director of Finance, assisted by Joe Smith of First Southwest Company, briefed the Council on Award of Bids; to consider Ordinances authorizing the issuance of City of Abilene, Texas, General Obligation Bonds, Series 1999, in the amount of $6,000,000; Combination Tax and Revenue Certificates of Obligation, Series 1999, in the amount of $2,500,000; and Combination Tax and Airport Revenue Certificates of Obligation, Series 1999, in the amount of $1,200, 000. Mr. Smith opened and read all bids aloud.

Councilman Vasquez moved to approve the bid from Prudential Securities, with a net interest cost of $2,935,000 and effective interest rate of 4.7338 percent; and to approve the Ordinance authorizing issuance of City of Abilene, Texas, General Obligation Bonds, Series 1999, in the amount of $6,000,000 as recommended by staff. 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 15-1999 and is captioned as follows:

Councilwoman Martinez moved to approve the bid from Paine Webber, with a net interest cost of $902,978.75 and effective interest rate of 4.58171 percent; and to approve the Ordinance authorizing issuance of City of Abilene, Texas, Combination Tax and Revenue Certificates of Obligation, Series 1999, in the amount of $2,500,000 as recommended by staff. Councilwoman Alexander seconded the motion and the motion carried.

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

NAYS: Councilman Drennan.

The Ordinance is numbered 16-1999 and is captioned as follows:

Councilman Drennan moved to approve the bid from Dain Rauscher, with a net interest cost of $458,130 and effective interest rate of 4.873723 percent; and to approve the Ordinance authorizing issuance of City of Abilene, Texas, Combination Tax and Airport Revenue Certificates of Obligation, Series 1999, in the amount of $1,200,000 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 17-1999 and is captioned as follows:

Following Agenda Item 4.7, Council reconvened into executive session.

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

5.4 Roy McDaniel, City Manager, briefed the Council on an Oral Resolution to consider land purchase in Downtown Abilene. Mr. McDaniel stated negotiations for two parcels of land located at N. 2^nd & Grape for the proposed new fire station were completed and he recommends approval of purchase of the land.

Councilman Vasquez moved to approve the purchase of two parcels of land in downtown Abilene located at N. 2^nd & Grape for the proposed new fire station, 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.

Councilman Brown moved to approve Mayor McCaleb’s appointment of Randall R. Keith to fill a vacancy on the Housing Authority Board, term expiring 11/99. 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.

There being no further business, the meeting was adjourned at 12:42 p.m.

Jo Moore

City Secretary

Gary D. McCaleb

Mayor