The City Council of the City of Abilene, Texas, met in a Pre-Council Worksession on July 22, 1999, at 8:30 a.m. in the Basement Conference Room of City Hall. Mayor Grady Barr 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 McDaniel, Assistant City Manager Mike Morrison, City Attorney Sharon Hicks, City Secretary Jo Moore, and various members of the City staff.

The Council briefly discussed various consent and regular agenda items. City Manager Roy McDaniel noted a minor change from the first reading on item 3.10, Ordinance amending Chapter 20, "Offenses", Article V, Burglar Alarms, of the Abilene Municipal Code to now allow only the proposed fee change to be brought to the Council when necessary instead of the entire ordinance having to be submitted. Elizabeth Grindstaff, Downtown Manager, noted on Item 4.2, Resolution approving the nomination of a downtown development project to the Texas Department of Transportation for funding consideration through the TEA-21 program, a slight change has been made in the location description for clarification only. Councilman Beckham asked if Item 4.1, Resolution approving FY 1999-2000 One-Year Action Plan for the Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) Programs, is for a non-profit organization request. Mike Morrison, Assistant City Manager, stated non-profit organization representatives will be present today, staff recommends the proposed budget remain the same. Councilman Beckham stated he prefers the City funding final dollars needed for non-profit organizations. 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 July 22, 1999, at 9:00 a.m. in the Council Chambers of City Hall.

Councilman Versie L. Brown, Jr., gave the invocation.

Mason Mitchell, 3 years old, from the Day Nursery of Abilene, led the pledge of Allegiance. Mason was accompanied by his mother, Heather Mitchell, his brother, Beaux Mitchell, and his grandmother, Leta Gray, Plan Checker for the Building Inspection Department.

Kay Spiva, President of Abilene Clean & Proud, Inc. assisted Mayor Barr in presenting Keep Texas Beautiful Awards as follows: Public Awareness, Solid Waste Management, and Education. Ms. Spiva stated Board member Linda Neal had received a special individual lifetime award. Ms. Spiva further stated Abilene Clean & Proud and the City of Abilene received three of the seven program awards.

Mayor Barr recognized youth in attendance from the Taylor County's Best Youth leadership group, accompanied by Taylor County Agents Kyle Miller and Christa Carpenter.

There being no additions or deletions to the minutes of the Pre-Council Session and Regular City Council/Worksession Meeting held July 8, 1999, Councilwoman Alexander moved to approve the minutes as printed. Councilman Brown seconded the motion and the motion carried.

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

NAYS: None.

Councilman Brown moved to approve consent agenda items 3.1 through 3.8, and approval of first reading of item 3.9 and second and final reading of item 3.10 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 Barr.

NAYS: None.

1. Oral Resolution approving the Development Corporation of Abilene, Inc. report of activities for the 6-month period ended March 31, 1999.
2. Oral Resolution authorizing the City Manager to execute an architectural contract with Tippett & Gee, Inc. for the new central fire station.
3. Oral Resolution authorizing request to advertise "for sale" three (3) city owned lots in the 700 block of Maple Street.
4. Resolution re-designating Habitat for Humanity - Abilene, Inc. as a Community Housing Development Organization (CHDO) and authorizing disbursement of HOME Investment Partnerships (HOME) funds from FY 1996-1997 and FY 1997-1998.

5. Oral Resolution authorizing City Manager to enter into Interlocal agreement for shared Internet services with Taylor County.
5. Oral Resolution authorizing the Mayor to execute a Financial Advisory Agreement with First Southwest Company.

Award of Bid:

5. Annual purchase of oil products for Equipment Services Division, Bid #CB-9052. The bid was awarded to the lowest bidders as follows: Items 1,2,3,4,5,7,and 8 to Western Marketing, Inc. and Item 6 SAE-10W and SAE-40 to Johnson Oil Co., and SAE-30 and SAE-50 to Western Marketing, Inc. for a one year period with the City of Abilene reserving the option to renew for four additional one year terms at the same terms and conditions, as recommended by staff.
5. Cultivation and Grazing leases (13 tracts), Bid #CB-9053. One tract (Airport Tract #4) received no bid. Council rejected the Zoo tract bid, and the leases were awarded at the annual amount bid for a term of five years to the following: Guitar Cattle Co. - Airport Tracts 2 and 5; Thurston Carter - Airport Tracts 1, 3, and 6; K. D. Vinson Farms - Park Land Tract 1, Douglas Cory - Lake Land Tract 4; Jim Raney Farms - Lake Land Tracts 2, 3, and 5; and Bryan Jordan, Lake Land Tract 1; as recommended by staff.

Ordinances

5. Approval of first reading - Ordinance amending Chapter 18, "Motor Vehicles and Traffic", concerning Traffic Code Schedule revisions of the Abilene Municipal Code.

AN ORDINANCE AMENDING CHAPTER 18, "MOTOR VEHICLES AND TRAFFIC", OF THE ABILENE MUNICIPAL CODE, BY AMENDING CERTAIN SECTIONS AS SET OUT BELOW; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING A PENALTY.

5. Ordinance amending Chapter 20, "Offenses", Article V, Burglar Alarms, of the Abilene Municipal Code.

4.1 Michelle Martinez, Community Development Specialist, briefed the Council on a Resolution approving the FY 1999-2000 One-Year Action Plan for the Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) Programs. Staff recommends approval.

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

• Danny Reynolds, 109 Benshire, board member speaking on behalf of Day Nursery of Abilene. Mr. Reynolds briefed the Council on the history of the Day Nursery, noting that they are the largest United Way recipient. Mr. Reynolds stated the lease for the center on Ambler Street was not renewed, and funds are requested to assist with construction cost in the amount of $67,500 for architectural and engineering fees for a child care center to be located in northwest Abilene. Mr. Reynolds stated children should take priority over demolition, condemnation, housing rehabilitation, and neighborhood development. Mr. Reynolds asked Council to consider partial funding at least to get the project started, and for Council at mid term to re-visit the issue when the financial situation is better known.

Council comments and questions included: how much partial funding would be needed; if $40,000 is received from the City, how does that affect donations from others; if unused funds allocated for playground equipment could be used to meet current needs (i.e., architectural fees); has the City assisted Day Nursery; and what avenues are open to the City to allocate for non-profit organizations.

Mr. Reynolds responded to Council questions, stating approximately $40,000 partial funding would be needed, which will be incurred for architectural fees before Council could review the issue at mid-year. Mr. Reynolds stated that people need to see that the Council is 100% behind child care and he feels matching funds from foundations will come (i.e., if the City funds $40,000, another $20,000 will come from private funding. Mr. Reynolds further stated using funds allocated for playground equipment is not a viable option and on the current project, the only City involvement was through building inspection who worked very diligently and graciously.

Staff stated that funding through the CDBG program is the only avenue for the City to allocate for non-profit organizations.

Councilwoman Martinez stated she did ask staff to review the Day Nursery request. Although staff's recommendation did not include funding for Day Nursery, at mid-year the availability of funding for Day Nursery should be again reviewed.

Mayor Barr stated that although funding is not guaranteed, he would recommend at mid Fiscal Year high priority be given for funding Day Nursery and Hope Haven.

• Carl Cook, Executive Director, Hope Haven, 1109 Oak, stated their request is for building repair and remodeling for a second facility for Hope Haven. The request is for $100,000 with the total estimated cost of the project being $400,000 to $500,000. Mr. Cook asked Council to reconsider the needs of the homeless, and stated they are hoping for a matching grant from the foundation. Mr. Cook noted that Hope Haven has been 100% full since 1998.

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

Following Council discussion, Councilwoman Alexander made a motion to approve the Resolution approving the FY 1999-2000 One-Year Action Plan for the Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) Programs, 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 Barr.

NAYS: None.

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

4.2 Elizabeth Grindstaff, Downtown Manager, briefed the Council on a Resolution approving the nomination of a downtown development project to the Texas Department of Transportation for funding consideration through the TEA-21 program. Staff recommends approval. Ms. Grindstaff stated there is a slight change to the Resolution in the location description for clarification only. The project is for the redevelopment of the 6.4-acre site east of the Freight Warehouse with the connection between Business 80 (N. 2^nd) and N. 1^st being an important component of the redevelopment plan. Mrs. Grindstaff further stated the TEA-21 program requires a 20% local match to the 80% Federal funds and only Phase 1 is eligible for funding, which is the visitors center building. Mrs. Grindstaff presented a complete overview of what the project will entail, and stated Taylor County and the Reinvestment Zone (TIF) Board have expressed a unanimous vote of support.

Mr. McDaniel stated he would recommend Council approve going forward with the nomination, but to remember this is only conceptual at this time.

Council commended the TIF board and city staff, stating the positive effect this project would have on our community in several areas.

Mayor Barr asked when the Texas Department of Transportation would make their decision?

Ms. Grindstaff replied that it would be at their November meeting, and at that time they will announce the award. It would be approximately three years before the project is complete and is open to the public.

Councilman Vasquez made a motion to approve the Resolution approving the nomination of a downtown development project to the Texas Department of Transportation for funding consideration through the TEA-21 program, 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 Barr.

NAYS: None.

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

4.3 Rehabilitation of N. 1^st Street from Pioneer Drive to Leggett Drive, Bid #CB9049. City Manager Roy McDaniel stated issues concerning this bid have been resolved and he recommends the bid be awarded to Contract Paving of Tye, TX for the unit prices bid with an estimated construction cost of four hundred ninety-four thousand seventy one dollars and seventy-five cents ($494,071.75). Councilman Brown made a motion to award the bid to Contract Paving of Tye, TX for the unit prices bid with an estimated construction cost of four hundred ninety-four thousand seventy-one dollars and seventy-five cents ($494,071.75), 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 Barr.

NAYS: None.

4.4 Jeff Armstrong, Development Services Administrator, briefed the Council on an Ordinance considered on second and final reading - Z-02399 - Rezone from GC & RS-6 (General Commercial & Residential Single-Family) to AO (Agricultural Open Space) zoning district property located in the 7300 block of East Lake Road. The Planning and Zoning Commission and staff recommend approval.

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

• Otis Gilbreath, 333 Mohawk Rd., is opposed to the request because of the noise from the dogs barking, and Mr. Gilbreath played a tape recording for the Council of the dogs barking. Complaints have been previously filed against the noise, and Mr. Gilbreath stated this is a residential area inside the city limits, and the property in question can be seen from his house.

• Melinda Julien, 7383 East Lake Road, proponent, stated she has spent $10,000 cleaning the land belonging to the City, and stated she cannot see Mr. Gilbreath's property. These are professional search and rescue dogs that serve Abilene, the State, the nation, and the world. Keeping the dogs quiet is their #1 priority. They are here to serve community, not hurt it. At 9:00 p.m. all dogs go inside the building, except for the four watch dogs. The Board of Adjustment will have to consider a special exception request for the kennel even if rezoning is approved today. Ms. Julien stated she lives on the property.

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

Mr. Armstrong stated rezoning would include other lots besides this request, and the Board of Adjustment would have to approve the kennel use (site specific).

Councilman Vasquez moved to approve the Ordinance to Rezone from GC & RS-6 (General Commercial & Residential Single-Family) to AO (Agricultural Open Space) zoning district property located in the 7300 block of East Lake Road, as recommended by staff and the Planning and Zoning Commission. Councilman Beckham seconded the motion and the motion carried.

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

NAYS: None.

The Ordinance is numbered 32-1999 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-02999 - Rezone from AO (Agricultural Open Space) to PDD (Planned Development) zoning district property located southeast of Industrial Blvd. and Loop 322. 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.

Councilwoman Alexander moved to approve the Ordinance to rezone from AO (Agricultural Open Space) to PDD (Planned Development) zoning district property located southeast of Industrial Blvd. and Loop 322. Councilman Vasquez seconded the motion and the motion carried.

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

NAYS: None.

The Ordinance is numbered 33-1999 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-03199 - Rezone from RM-3 (Residential Multi-Family) to O (Office) zoning district property located at Buffalo Gap Road & South 32^nd Street. The Planning and Zoning Commission recommends approval, staff recommends denial.

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

• Pat Patton, agent for the proponent, 2818 Salinas, stated they would have amended the request for PDD (Planned Development District) zoning, but now he understands there is not enough land to qualify for the PDD designation. The request is for a proposed dental office.

• Jerry Mashburn, currently marketing the property, stated if PDD is pursued, it would be October before it would come back to Council and he is concerned with what a large combined PDD would require, noting this is a very small site. Mr. Mashburn stated the dentist patients are primarily children.

• Don Eiland, AISD representative, 842 N. Mockingbird, is opposed to anything that might put children in jeopardy. Children do cross the area and there are safety concerns.

Councilwoman Alexander asked if PDD would help the safety of the children? Mr. Armstrong replied that PDD requires some things that may enhance safety.

Mayor Barr voiced his concern with forcing property owners to join with others in order to have a PDD.

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

Councilman Drennan moved to approve the Ordinance to rezone from RM-3 (Residential Multi-Family) to O (Office) zoning district property located at Buffalo Gap Road & South 32^nd Street, as recommended by the Planning & Zoning Commission. Councilwoman Martinez seconded the motion and the motion carried.

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

NAYS: None.

The Ordinance is numbered 34-1999 and is captioned as follows:

4.7 Jeff Armstrong, Development Services Administrator, briefed the Council on an Ordinance considered on second and final reading - Zoning Ordinance amendment to Section 23-306.4, Permitted Uses, Services (other than office-type) and Section 23-306.5.(G)(25) to allow by right Funeral Home in SC (Shopping Center) districts. 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.

Councilwoman Martinez moved to approve the Zoning Ordinance amendment to Section 23-306.4, Permitted Uses, Services (other than office-type) and Section 23-306.5.(G)(25) to allow by right Funeral Home in SC (Shopping Center) districts, as recommended by staff and the Planning and Zoning Commission. Councilwoman Alexander seconded the motion and the motion carried.

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

NAYS: None.

The Ordinance is numbered 35-1999 and is captioned as follows:

There being no further business, 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.

Mayor Barr stated Council would reconvene from executive session to the Basement Conference room for the budget worksession.

Jo Moore, City Secretary

Grady Barr, Mayor