The City Council of the City of Abilene, Texas, met in a Pre-Council Work Session on August 26, 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, A. Don Drennan, 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. Councilwoman Carol Martinez was absent.

Dwayne Hargesheimer, Director of Water Utilities, distributed a Water Quality Report brochure, noting on Oct 19, 1999 it will be mandatory as required by the Safe Drinking Water Act, that each customer receive the consumer confidential report. Linda Simpson, Assistant Director of Water Utilities, stated the information is required to be sent to customers annually and also noted the Environmental Protection Agency dictated the language in the brochure. Following a briefing by Mr. Hargesheimer on the water usage and current drought situation, Mr. McDaniel recommended Council implement Stage 1 of the Drought Management Plan on Friday, August 27, 1999. Following Council discussion concerning informing the public of the implementation and enforcement procedures, Mayor Barr read the following statement: "As Mayor of the City of Abilene, I am duly authorized in Ordinance No. 23-1999 to declare a water emergency when Fort Phantom is below 1620.9 elevation. I hereby direct the City Manager to implement Stage 1, Water Alert and require mandatory compliance effective 12:01 a.m. Friday morning, August 27, 1999. Mr. McDaniel stated a press conference will be called today at 3:00 p.m. to inform the public of the Water Alert implementation. Council briefly discussed various consent and regular agenda items. Councilman Vasquez stated he will abstain on item 4.7, Z-03999 - Rezone from RM-3 (Residential Multi-Family) to MU (Medical Use) zoning district property located between North 17^th & North 18^th and Cedar & Cypress, due to his employment with Hendrick Medical Center. Councilman Brown stated he will abstain from item 3.2, Oral Resolution authorizing the City Manager to execute a Raw Water Supply Contract with Fore Star Golf of Abilene, due to his employment with Fairway Oaks Country Club. Mr. McDaniel noted Item 4.0, Public Appearance by Glen Hall, DDS, concerning fluoride was withdrawn by the presenters. Mr. McDaniel announced that Council would recess at 11:15 a.m. if items on the agenda are not completed, to attend a luncheon for Representative Bob Hunter and Council would then reconvene at 1:30 p.m. 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 August 26, 1999, at 9:00 a.m. in the Council Chambers of City Hall.

Councilman Paul R. Vasquez gave the invocation.

William Boswell, fifth-grader at Reagan Elementary, led the Pledge of Allegiance. William's mother, Amy Boswell and his principal, Mr. Lockett, were also in attendance.

Councilman Brown moved to approve the minutes of the August 12, 1999 Pre-Council and Council Meeting as printed. Councilwoman Alexander seconded the motion and the motion carried.

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

NAYS: None.

Councilman Beckham moved to approve consent agenda items 3.1 through 3.5 and 3.7 through 3.9, and first reading of item 3.6, as recommended by staff. Councilman Drennan seconded the motion and the motion carried.

AYES: Councilmen Vasquez, Drennan, Beckham, Brown (abstaining on item 3.2 only), Councilwoman Alexander, and Mayor Barr.

NAYS: None.

ABSTAIN: Councilman Brown on Item 3.2 only, due to his employment with Fairway Oaks Country Club.

2. Oral Resolution authorizing the City Manager to execute a Raw Water Supply Contract with Fore Star Golf of Abilene.
3. Oral Resolution authorizing City Manager to execute Amendment No. 1 to the Raw Water Supply & Wastewater Disposal Contract with Pride Refining, Inc. by adding BFI Waste Systems as an additional party to the contract.
4. Oral Resolution authorizing the City Manager to execute an amendment to the Paradigm-America contract for a fixed cost of $236,440.00 to include any and all cost associated with the project to completion, including the additional workstations.

Glen Hall, D.D.S., concerning fluoride. WITHDRAWN.

4.1 Jeff Armstrong, Assistant Director of Community Development, briefed the Council on an Ordinance considered on second and final reading- Z-03299 - Rezone from RS-6 (Residential Single Family) to MH (Mobile Home) zoning district, located at 3801 Old Anson Road. 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:

• Bill Shotwell, 1232 Westview, representing the proponent, stated this would be for a retirement home, not for a mobile home park.

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 Residential Single Family to Mobile Home zoning district located at 3801 Old Anson Road, as recommended by the Planning & Zoning Commission and staff. Councilman Vasquez seconded the motion and the motion carried.

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

NAYS: None.

The Ordinance is numbered 38-1999 and is captioned as follows:

4.2 Jeff Armstrong, Assistant Director of Community Development, briefed the Council on an Ordinance considered on second and final reading - Z-03399 -Rezone from AO (Agricultural Open Space) to HC (Heavy Commercial) zoning district located on Coachlight Road. 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 Beckham moved to approve the Ordinance to rezone from Agricultural Open Space to Heavy Commercial zoning district located on Coachlight Road, as recommended by the Planning & Zoning Commission and staff. Councilman Vasquez seconded the motion and the motion carried.

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

NAYS: None.

The Ordinance is numbered 39-1999 and is captioned as follows:

4.3 Jeff Armstrong, Assistant Director of Community Development, briefed the Council on an appealed Ordinance considered on second and final reading - Z-03499 - Rezone from RS-6, MH & AO (Residential Single Family, Mobile Home & Agricultural Open Space) to PDD (Planned Development) zoning district located in the 3200-3400 blocks of Buffalo Gap Road. Staff recommends approval. Mr. Armstrong clarified for the record the recommended residential zoning is for single and multi-family use as well as assisted living and if approved, the Exhibit to the Ordinance would be changed to reflect that clarification. Mr. Armstrong stated the ordinance request, if approved, will eliminate the mobile home zoning. Mr. Armstrong further stated that income levels are not considered in the zoning process. The applicant's request for self-storage was denied by the Planning & Zoning Commission and staff supports the Planning & Zoning Commission's decision, but the self-storage provision can be added to the Ordinance if Council so chooses. Mr. Armstrong explained the Planning & Zoning Commission's vote on this request did not have the required four "in favor" votes, due to only four members being present, three voting in favor and one abstaining.

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

• David Todd, 2500 S. Willis, representing the proponents, distributed a picture of the overview of the area, and listed low traffic type intensity uses. Mr. Todd stated the area has lost its residential appeal, noting a bank is being planned for the property identified as 1H. Mr. Todd asked the Council to consider allowing the self-storage and stated all City requirements would be adhered to.
• Ron Teal, 2550 S. 35^th is opposed, stating the new zoning would affect the property values and asked if every effort has been made to look at duplex and single family zoning. Mr. Teal suggested RM-3 zoning be established for a set time and if there is no development, then Council could consider the PDD. Mr. Teal asked the following questions: Under Part 7 of the Ordinance, which references permitted uses: 1) are these the only categories or specific uses allowed? 2) are there set business hours? 3) if a restaurant goes in there, can alcohol be sold, and what about setbacks 4) as far as landscaping, is there an easement or is the curb the property line, and will there be requirements for landscape maintenance? Mr. Teal further stated driveways added to the west will make getting onto the road nearly impossible, and excessive speed on Buffalo Gap Road is a problem as well as the volume of traffic. Mr. Teal stated he feels the land can be developed in a way that is best for all parties.
• Mr. Armstrong responded to Mr. Teal as follows: only the uses as listed under permitted uses are allowed, no regulation of hours for businesses is included, alcohol could not be sold due to the 300' separation from a residence requirement. Landscaping is 18' from the curb, requires maintaining, and can be enforced. Although driveways are needed by businesses, the restrictions, which are the most that can be imposed, should eliminate some of the problems.
• Roy Chapman, 2541 S. 35^th, is opposed because there are no commercial buildings in the area, and current zoning is consistent with surrounding areas. Mr. Chapman disagrees with the proposal, stating there are homes in the area, and feels under the new zoning the area will become a strip center. Mr. Chapman stated the churches are consistent with the area, and safety hazard is the main factor with the residential area needs (i.e., Covenant Place), outweighing commercial needs.
• Councilman Beckham asked what Mr. Chapman would propose for land that has been vacant for a long time?
• Mr. Chapman suggested trying to sell it as residential.
• Walter Plumlee, 2308 S. 33^rd, is opposed due to traffic hazards, and is concerned with the minimum notification requirement.
• Diana Davis, 3417 Buffalo Gap Road, is opposed due to traffic concerns and safety, commercializing property or low income housing being put in there, and stated there are flooding concerns with new development. Ms. Davis wants the traffic count rechecked, and stated the land has not been in the process of being sold for any length of time.
• Pat Landers, 3417 Buffalo Gap Road, husband of Diana Davis, is opposed to a bank being put there due to traffic dangers.
• Chris & Mark Kinnaman, 2417 S. 34^th, are opposed due to traffic and safety concerns.
• Joseph Johnson, 2448 S. 35^th, is opposed because he wants to keep the area residential.
• Wilma Prine, 2348 S. 34^th, is opposed due to traffic concerns, stating other options need to be considered.
• David Todd clarified the west side of Buffalo Gap Road is losing its residential appeal because it is not developed as a residential area, and thinks this Ordinance would have a minimum negative impact. The bank, Boy Scout facility, and Southern Hills Church of Christ classrooms are the only current projects being considered.

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

The Council took a five-minute break at 10:30 a.m.

Mayor Barr asked Mr. Armstrong about the flooding issue. Mr. Armstrong replied that any new development will require storm water retention.

Councilman Drennan asked if staff opposes self-storage? Mr. Armstrong replied yes, and stated regarding the notification comment, a 200' radius is required and staff does not go outside of the 200' because the line must be drawn somewhere, and noted the new zoning ordinance will look at options to the 200' requirement.

Councilwoman Alexander asked Mr. Armstrong if anything has been discussed today that would cause staff to consider changing their recommendation? Mr. Armstrong replied no.

Councilman Drennan asked if entry/exits could be changed at the city's request later? Mr. Armstrong replied no, what is in existence would stay.

Councilman Beckham asked James Condry, Assistant Director of Public Works, about the traffic and safety concerns, and asked if the city has looked at reducing speed or other safety issues? Mr. Condry replied there has been no formal evaluation on specific speed limits, 40 mph is reasonable now, but as traffic increases the speed may be reduced to 35 mph.

Councilman Beckham asked if the traffic concurs with the best use of the property? Mr. Condry addressed commercial development limitations, noting residential development has more options with a balance of the various needs being considered.

Councilman Beckham asked the city staff to look at ways to reduce speed and/or create a safer environment in the area.

Councilman Vasquez asked when the last traffic count was taken? Mr. Condry replied in 1998 the northbound lane count on S. 32^nd was 19,800 and the southbound lane count was 21,500, with an average of 20,000 cars a day.

Councilman Vasquez stated development problems have to be faced if Abilene is to grow and become what it wants to become.

Councilman Drennan voiced concerns about the problems a housing development could cause in the area.

Councilman Vasquez moved to approve the Ordinance to rezone as recommended by staff from Residential Single Family, Mobile Home & Agricultural Open Space to Planned Development zoning district located in the 3200-3400 blocks of Buffalo Gap Road, clarifying residential uses as noted by staff. Councilman Drennan seconded the motion and the motion carried.

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

NAYS: Mayor Barr.

The Ordinance is numbered 40-1999 and is captioned as follows:

4.4 Jeff Armstrong, Assistant Director of Community Development, briefed the Council on an Ordinance considered on second and final reading - Z-03599 - Rezone from AO (Agricultural Open Space) to MH (Mobile Home) zoning district property located in the 6000 block of Hartford 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:

• Dorothy Thackham, proponent.

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

Councilwoman Alexander moved to approve the Ordinance to rezone from Agricultural Open Space to Mobile Home zoning district property located in the 6000 block of Hartford Street, as recommended by the Planning and Zoning Commission and staff. Councilman Brown seconded the motion and the motion carried.

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

NAYS: None.

The Ordinance is numbered 41-1999 and is captioned as follows:

4.5 Jeff Armstrong, Assistant Director of Community Development, briefed the Council on an Ordinance considered on second and final reading - Z-03699 - Rezone from RS-6 (Residential Single Family) to MH (Mobile Home) zoning district property located in the 5900 block of Fairmount. 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:

• Gary Rogers, 5850 Hartford, proponent.

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 Mobile Home zoning district property located in the 5900 block of Fairmount, as recommended by the Planning and Zoning Commission and staff. Councilman Vasquez seconded the motion and the motion carried.

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

NAYS: None.

The Ordinance is numbered 42-1999 and is captioned as follows:

4.6 Jeff Armstrong, Assistant Director of Community Development, briefed the Council on an Ordinance considered on second and final reading - 03799 - Rezone from HI (Heavy Industrial) to HC (Heavy Commercial) zoning district property located at 801 S. Treadaway. 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 Drennan moved to approve the Ordinance to Rezone from Heavy Industrial to Heavy Commercial zoning district property located at 801 S. Treadaway, as recommended by the Planning and Zoning Commission and staff. Councilman Beckham seconded the motion and the motion carried.

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

NAYS: None.

The Ordinance is numbered 43-1999 and is captioned as follows:

4.7 Jeff Armstrong, Assistant Director of Community Development, briefed the Council on an Ordinance considered on second and final reading - Z-03999 - Rezone from RM-3 (Residential Multi-Family) to MU (Medical Use) zoning district property located between North 17^th & North 18^th and Cedar & Cypress. 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 Brown moved to approve the Ordinance to Rezone from Residential Multi-Family to Medical Use zoning district property located between North 17^th & North 18^th and Cedar & Cypress, as recommended by the Planning and Zoning Commission and staff. Councilman Beckham seconded the motion and the motion carried.

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

NAYS: None.

ABSTAIN: Councilman Vasquez.

The Ordinance is numbered 44-1999 and is captioned as follows:

4.8 David Wright, Director of Finance, briefed the Council on the Public Hearing requirements on the proposed FY 2000 tax rate.

Mayor Barr opened a public hearing on this item, and the following individual spoke against the proposed tax rate:

• Coy McNeil of Winters, Texas, owns property in Abilene and is opposed to the tax increase.

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

No Council action was required.

Council recessed at 11:15 a.m. to attend a luncheon in honor of Representative Bob Hunter.

Council reconvened in the Council Chambers at 1:30 p.m.

Councilwoman Martinez and Councilman Beckham were absent.

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 Vasquez moved to approve Mayor Barr's appointment of Clint Rosenbaum as an Alternate member of the Board of Adjustment, term expiring 11/2000. Councilman Brown seconded the motion and the motion carried.

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

NAYS: None.

City Attorney Sharon Hicks briefed the Council on staff recommendation for the appointment of Crista Lopez as an Assistant City Attorney.

Councilman Drennan moved to approve the appointment of Crista R. Lopez as Assistant City Attorney, as recommended by staff. Councilwoman Alexander seconded the motion and the motion carried.

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

NAYS: None.

There being no further business, the meeting was adjourned at 2:30 p.m.

Jo Moore, CMC, City Secretary

Grady Barr, Mayor