The City Council of the City of Abilene, Texas, met in a Pre-Council Work Session on June 24, 1999, at 8:30 A.M. in the Basement Conference Room of City Hall. Mayor Grady Barr was present and presiding with Councilman Paul R. Vasquez, 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. Councilman Don Drennan was absent.

The Council briefly discussed various consent and regular agenda items. Councilman Beckham stated he will ask Council to hold Item 3.2, the Oral Resolution authorizing the Mayor to execute a financial advisory agreement with First Southwest Company in order to allow staff time to conduct a competitive analysis. City Attorney Sharon Hicks noted Council has received two Exhibits for Item 4.5, Z-02699 - one on the applicant’s original request to rezone property from PDD-35 (Planned Development) to GC (General Commercial) district located at S. 27^th Street & Buffalo Gap Road, northwest corner, and the other for the GC zoning except for the southeast corner of S. 25^th & Ross Streets which staff and Planning & Zoning recommend be zoned Limited Commercial. The applicant, Ron Ingram, was present and stated he is now in agreement with staff and the Planning & Zoning Commission’s recommendation. 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 Barr reconvened the City Council of the City of Abilene, Texas, into Regular Session June 24, 1999, at 9:00 a.m. in the Council Chambers of City Hall.

Councilman Versie Brown gave the invocation.

Paul Gunter, sixth-grader at Lincoln Middle School, led in the pledge of Allegiance. Paul’s father, Charlie Gunter, was in attendance.

Mayor Barr presented a proclamation for July 3^rd as the 20^th Anniversary of the Abilene-Emery Chapter of the American Institute of Parliamentarian.

Mayor Barr recognized Boy Scout Troop 277 from Southern Hills Church of Christ who were in attendance.

There being no corrections, additions, or deletions to the minutes of the Pre-Council Session and Regular City Council Meeting held June 10, 1999, Councilman Brown moved to approve the minutes as printed. Councilman Vasquez seconded the motion and the motion carried.

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

NAYS: None.

Item 3.2, Oral Resolution authorizing the Mayor to execute a financial advisory agreement with First Southwest Company, was removed from the Consent Agenda at the request of Councilman Beckham to allow staff time to conduct a competitive analysis, and will be considered at a later date. Councilman Vasquez moved to approve consent agenda items 3.1, 3.3, and 3.4, as recommended by the staff. Councilwoman Alexander seconded the motion and the motion carried.

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

NAYS: None.

1. Oral Resolution freezing fuel flowage fees for four months at their current level at Abilene Regional Airport.
2. Oral Resolution authorizing the Mayor to execute financial advisory agreement with First Southwest Company. Removed from the Consent Agenda to be considered at a later date.
3. Oral Resolution authorizing the City Manager to execute a Professional Services agreement with Alan Plummer Associates, Inc. of Fort Worth for an uprating evaluation of the Wastewater Treatment Plant performance capacity, for a fee not to exceed $34,150.

4.1 Larry Abrigg, Planner III, briefed the Council on the Economic Impacts of Historic Preservation in Texas, a statewide study sponsored in part by the City of Abilene. Mr. Abrigg then distributed "Historic Preservation at Work for the Texas Economy" to the Council, and introduced Ron Emrich, a preservation consultant and key participant in the study. Mr. Emrich presented the findings of the study and stated the publication will serve as a call to action to continue to encourage historical preservation.

Councilman Vasquez noted the sense of pride he felt in our history as he read the study; and encouraged widespread use of the document to make an effective impact.

In response to Mayor Barr’s question as to how the 41,000 jobs created were measured and to Councilwoman Alexander’s question on whether there was any one main impact noted from the study, Mr. Emrich replied the full report is detailed in explanation on processes and measures used and that tourism made a major impact.

Mayor Barr stated Council’s appreciation of the presentation and noted no Council action was required.

4.2 Larry Abrigg, Planner III, briefed the Council on a Resolution adopting the Historic Preservation Plan 1999 and incorporating it into the City’s Comprehensive Plan. Mr. Abrigg introduced members of the Landmarks Commission, including James Bucherie, who commented that the Commission is eager to see the Resolution adopted because it will assist them in providing precise guidelines to follow in their decisions-making process. The Landmarks Commission, Planning and Zoning Commission, and staff recommend approval.

Councilman Vasquez suggested that in some way, perhaps through an editorial, the public be informed of the Plan, noting that it is important that they be made aware.

In response to Mayor Barr’s question concerning if there are any changes that will impact the public, and is it still a volunteer program, Mr. Abrigg replied the goal is to continue historical preservation and that no additional requirements have been set.

Councilman Vasquez moved to approve the Resolution adopting the Historic Preservation Plan 1999 and incorporating it into the City’s Comprehensive Plan, as recommended. Councilwoman Alexander seconded the motion and the motion carried.

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

NAYS: None.

The Resolution is numbered 23-1999 and is captioned as follows:

4.3 Jeff Armstrong, Development Services Administrator, briefed the Council on an Ordinance considered on second and final reading for thoroughfare abandonment - TC-01599 – Thoroughfare abandonment of a 20’ east-west alley from the west right-of-way line of Cedar Street west to the east boundary line of a north-south alley. The Planning and Zoning Commission, Plat Review Committee, and staff recommend approval SUBJECT TO (1) retaining the entire length and width as a utility and drainage easement, and (2) all but the east 40 feet of alley to be kept as a public access easement.

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

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

Councilwoman Martinez moved to approve the Ordinance for thoroughfare abandonment of a 20’ east-west alley from the west right-of-way line of Cedar Street west to the east boundary line of a north-south alley SUBJECT TO (1) retaining the entire length and width as a utility and drainage easement, and (2) all but the east 40 feet of alley to be kept as a public access easement, as recommended. Councilman Brown seconded the motion and the motion carried.

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

NAYS: None.

The Ordinance is numbered 25-1999 and is captioned as follows:

4.4 Jeff Armstrong, Development Services Administrator, briefed the Council on an Ordinance considered on second and final reading - Z-02599 – Rezone from PI & HC (Park Industrial & Heavy Commercial) to GC (General Commercial) district located in the 3000 block of West Lake Road (F.M. 600). The Planning and Zoning Commission and staff recommend approval.

Mayor Barr 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 request to rezone from Park Industrial & Heavy Commercial to General Commercial district located in the 3000 block of West Lake Road (F.M. 600, as recommended by the Planning & Zoning Commission and staff. Councilman Beckham seconded the motion and the motion carried.

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

NAYS: None.

The Ordinance is numbered 26-1999 and is captioned as follows:

4.5 Jeff Armstrong, Development Services Administrator, briefed the Council on an Ordinance considered on second and final reading – Z-02699 - Rezone property from PDD-35 (Planned Development District) to GC (General Commercial) zoning district located at the northwest corner of S. 27^th Street & Buffalo Gap Road. The Planning and Zoning Commission and staff recommend approval of rezoning the northwest corner of S. 27^th Street & Buffalo Gap Road for General Commercial & rezoning the southeast corner of S. 25^th & Ross Street for Limited Commercial.

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

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

Councilman Vasquez moved to approve the Ordinance to rezone from Planned Development District to General Commercial located at the northwest corner of S. 27^th Street & Buffalo Gap Road & Limited Commercial at S. 25^th & Ross Street, southeast corner as recommended by the Planning & Zoning Commission and staff. Councilwoman Martinez seconded the motion and the motion carried.

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

NAYS: NONE.

The Ordinance is numbered 27-1999 and is captioned as follows:

4.6 Jeff Armstrong, Development Services Administrator, briefed the Council on an Ordinance considered on second and final reading - Z-02799 – Rezone from RS-6 (Residential Single Family) to LC (Limited Commercial) district property located 3126 S. 11^th Street. The Planning and Zoning Commission and staff recommend approval.

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

Keith LaBrenz, 2509 S. 23^rd, proponent.

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

Councilwoman Alexander moved to approve the request to rezone from Residential Single Family to Limited Commercial district property located 3126 S. 11^th Street, as recommended. Councilman Brown seconded the motion and the motion carried.

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

NAYS: None.

The Ordinance is numbered 28-1999 and is captioned as follows:

4.7 Jeff Armstrong, Development Services Administrator, briefed the Council on an Ordinance considered on second and final reading – TC-02899 - Thoroughfare abandonment of the west 658.76’ of Coachlight Road. The Planning and Zoning Commission, Plat Review Committee, and staff recommend approval subject to retaining the entire length and width as a utility and drainage easement, and (2) provide a 20 foot accessible easement.

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

Eddie Chase, 141 S. Leggett, agent for the proponent.

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

Councilman Vasquez moved to approve the Ordinance for thoroughfare abandonment of the west 658.76’ of Coachlight Road, subject to retaining the entire length and width as a utility and drainage easement, and (2) provide a 20 foot accessible easement as recommended. Councilman Beckham seconded the motion and the motion carried.

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

NAYS: None.

The Ordinance is numbered 29-1999 and is captioned as follows:

4.8 Councilwoman Martinez made a motion to remove from the table the Ordinance to amend Chapter 12, "Franchises" of the Abilene Municipal Code by adding Article III entitled "Right of Way Use for Telecommunications". Councilman Vasquez seconded the motion and the motion carried.

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

NAYS: None.

Cindy Cullen, Technology Liaison, briefed the Council on the Ordinance, noting issues with Southwestern Bell as discussed at the June 10, 1999 Council meeting have been resolved and the Ordinance meets requirements as set by the State Legislature. Ms. Cullen thanked Southwestern Bell representatives for their cooperation. Staff and the Technology Committee recommend approval.

Councilwoman Alexander moved to approve the Ordinance to amend Chapter 12, "Franchises" of the Abilene Municipal Code by adding Article III entitled "Right of Way Use for Telecommunications", as recommended. Councilman Beckham seconded the motion and the motion carried.

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

NAYS: None.

The Ordinance is numbered 30-1999 and is captioned as follows:

Mayor Barr recessed the Council into executive session pursuant to Sections 551.071 and 551.074 of the Open Meetings Act, 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 Brown moved to approve Mayor Barr's appointments and reappointments as follows:

Appoint:

John Goode

Appoint:

Lt. Col. Thomas Tomaras, term expiring 11/99

Appoint:

Patsy A. Cline, term expiring 11/99

Reappoint:

Clem Mathis

Appoint:

Livia Martinez

Christina Nales-Jefferson

Sabrina Arnic

Councilman Vasquez seconded the motion and the motion carried.

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

NAYS: None.

There being no further business, the meeting was adjourned at 11:31 a.m.

Jo Moore, City Secretary

Grady Barr, Mayor