PRE -COUNCIL WORK SESSION, THURSDAY

The City Council of the City of Abilene, Texas, met in a Pre-Council Work Session on September 23, 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, Versie L. Brown Jr., Councilwomen Kay Alexander, and Carol Martinez. 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. Councilman Rob Beckham was absent.

Council discussed various consent and regular agenda items. City Manager Roy McDaniel stated staff recommends Item 4.6, Presentation and possible action on draft policy concerning road humps, be removed from today's agenda and considered at a later date in order to give Councilman Beckham an opportunity to hear the item also. 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 September 23, 1999, at 9:00 a.m. in the City Council Chambers of City Hall.

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

Douglas Day, fifth-grader at Thomas Elementary, led the Pledge of Allegiance. Douglas's mother Bonnie Day and his principal Bill Walker, were also in attendance.

Mayor Barr presented the following Proclamations:

September 19-25 as Adult Day Services Week; and

October as Domestic Violence Awareness month.

Councilman Brown moved to approve the minutes of the September 9, 1999 Pre-Council and Council Meeting as printed. Councilman Vasquez seconded the motion and the motion carried.

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

NAYS: None.

Councilman Drennan moved to approve consent agenda items 3.1 through 3.9, as recommended by staff. Councilwoman Alexander seconded the motion and the motion carried.

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

NAYS: None.

3. Oral Resolution authorizing the City Manager to enter into a two-year agreement with Texas Forest Service for the periodic use of facilities at the Abilene Regional Airport.
4. Oral Resolution approving Development Corporation of Abilene, Inc. annual contract renewals with the City of Abilene, Abilene Industrial Foundation, Inc., Caruth Small Business Development Center, and Chamber of Commerce for the Military Affairs Committee, and authorizing the City Manager to execute the contracts.
5. Resolution amending user fee schedule for certain Building Construction fees.

The Resolution is numbered 31-1999 and is captioned as follows:

A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF ABILENE, TEXAS AMENDING USER FEE SCHEDULES FOR CERTAIN BUILDING CONSTRUCTION FEES, AND ESTABLISHING AN EFFECTIVE DATE.

6. Oral Resolution approving the expenditure of TIF funds in the amount of $53,000 for sidewalk improvements in accordance with the previously adopted Streetscape Master Plan.

Award of Bids

7. Traffic Sign Material, Bid # CB-9067. The bid was awarded on a per item basis to the lowest responsible bidder as follows: Items A, B, C, D, F, G, and H to Zumar Industries, Inc., Items E and I to Roadrunner Traffic Supply, Inc., and Item J to 3M.
8. Bus Stop Improvements-Phase III, Bid #CB-9069. The bid was awarded to Bontke Brothers Construction Company for unit prices bid with an estimated construction cost of thirty-nine thousand eight hundred sixty-three dollars and 60/100ths ($39,863.60), subject to formal approval from FTA for reallocation of grant funds to this project.
9. Twenty-two (22) Patrol Sedans, Bid #CB-9068. The bid was awarded to Arrow Ford, the low responsible bidder, in the amount of $455,564.50.

4.1 James Condry, Assistant Director of Public Works, briefed the Council on a Resolution requested by Echo Production, Inc. giving notice of intention to lease city owned mineral rights for oil & gas purposes on approximately 1,100 acres of city owned land located along the southern part of Lake Fort Phantom Hill and includes all of the Seabee Park land.

Councilwoman Martinez moved to approve the Resolution giving notice of intention to lease City-owned mineral rights for oil & gas purposes. Councilwoman Alexander seconded the motion and the motion carried.

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

NAYS: None.

The Resolution in numbered 32-1999 and is captioned as follows:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ABILENE, TEXAS, GIVING NOTICE OF INTENTION TO LEASE CITY-OWNED MINERAL RIGHTS FOR OIL AND GAS PURPOSES AND CALLING FOR A PUBLIC HEARING.

Jeff Armstrong, Assistant Director of Community Development, briefed the Council on an Ordinance considered on second and final reading - Z-04199 - Rezone from MH (Mobile Home) to HC (Heavy Commercial) zoning district located at 334-548 Ambler. 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 Mobile Home to Heavy Commercial zoning district located at 334-548 Ambler, as recommended by the Planning and Zoning Commission and staff. Councilwoman Martinez seconded the motion and the motion carried.

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

NAYS: None.

The Ordinance is numbered 49-1999 and is captioned as follows:

AN ORDINANCE AMENDING CHAPTER 23 "PLANNING AND COMMUNITY DEVELOPMENT," SUBPART E, "ZONING," OF THE ABILENE MUNICIPAL CODE, BY CHANGING THE ZONING DISTRICT BOUNDARIES AFFECTING CERTAIN PROPERTIES, AS DESCRIBED BELOW, DECLARING A PENALTY, AND CALLING A PUBLIC HEARING.

2. Jeff Armstrong, Assistant Director of Community Development, briefed the Council on an Ordinance considered on second and final reading - Z-04399 - Rezone from RS-6 (Residential Single Family) to MH (Mobile Home) zoning district located at 5934 Fairmont. 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 Residential Single Family to Mobile Home district located at 5934 Fairmont, as recommended by the Planning and Zoning Commission and staff. Councilman Brown seconded the motion and the motion carried.

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

NAYS: None.

The Ordinance is numbered 50-1999 and is captioned as follows:

AN ORDINANCE AMENDING CHAPTER 23, " PLANNING AND COMMUNITY DEVELOPMENT," SUBPART E, "ZONING," OF THE ABILENE MUNICIPAL CODE, BY CHANGING THE ZONING DISTRICT BOUNDARIES AFFECTING CERTAIN PROPERTIES, AS DESCRIBED BELOW, DECLARING A PENALTY, AND CALLING A PUBLIC HEARING.

3. Jeff Armstrong, Assistant Director of Community Development, briefed the Council on an Ordinance considered on second and final reading - Z-04699 - Amend PDD-45 concerning the site plan. 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 Ordinance to Amend PDD-45 concerning the site plan. Councilwoman Martinez seconded the motion and the motion carried.

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

NAYS: None.

The Ordinance is numbered 51-1999 and is captioned as follows:

AN ORDINANCE OF THE CITY OF ABILENE, TEXAS, AMENDING CHAPTER 23, SUBPART E, "ZONING", OF THE ABILENE MUNICIPAL CODE; AND ORDINANCE NO. 68-1986 CONCERNING THE PDD #45 PLANNED DEVELOPMENT DISTRICT; DECLARING A PENALTY AND CALLING A PUBLIC HEARING; AND AN EFFECTIVE DATE.

4. Mayor Barr stated Item 4.5, an Ordinance - Z-03998 - to add MX (Mixed Use Overlay) zoning to the underlying RM - 3 (Residential Multi-Family) district located in the 3500 block of South 14^th St. is a tabled item and will need to be removed from the table prior to being considered by the Council.

Councilman Brown made a motion to remove Item 4.5 from the table. Councilwoman Alexander seconded the motion and the motion carried.

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

NAYS: None.

5. Jeff Armstrong, Assistant Director of Community Development, reviewed the history of the Ordinance before the Council for 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 St.. Mr. Armstrong stated the Ordinance was tabled by the Council on April 8, 1999 in order to give the parties involved an opportunity to workout differences. Mr. Armstrong further stated to date no compromises have been made and the applicant is requesting MX (Mixed Use Overlay) zoning for the property. Mr. Armstrong then explained the purpose of MX zoning and the authority of the Mixed Use Review Board in establishing conditions and specific use in the MX zoning. Mr. Armstrong also noted this item does require a super majority vote (five affirmative votes) of the Council to be approved. This requirement is based on 20% of the property owners in the notification area objecting to the item. 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:

• Mr. Dan Boone, proponent, 1125 Elmwood, reviewed the options he sees for the land. Restrictions on the property were known to him when the land was purchased. The land is priced at $2.00 sq. ft.
• Kyle Tatum, 1365 Sylvan, addressed deed restrictions on the land and stated his opinion of options Mr. Boone has in regards to those restrictions. Mr. Tatum stated the reason the Woman's Club had not negotiated for the land was based on the true value of the land being $40,000 - $50,000 but was priced at $75,000 and that it had been under contract. Since there is no contract now negotiations could be possible.
• Jay Henson, 1409 Sylvan, opposed to any zoning other than residential.
• Paula Martinez, 1401 Sylvan, considers the area an historical district and is opposed to any zoning other than residential.
• Bob Bartlett, 1417 Sylvan, opposed to other than residential and questioned enforcement powers of Mixed Use Review Board.
• Sandy Arnold, 1341 Hollis Dr., noted requests that were not fulfilled but stated compromise might still be obtained.
• Mrs. William Teague, President of Abilene Woman's Club, 3425 S. 14^th, zoning should be consistent with homeowners in the area and stated belief in right to be heard and protected by council.
• Becky McDonald, 1309 Glenwood, does not live in notification area but is opposed.
• Gretchen Henson, 1409 Sylvan, opposed.

• Joe Humphrey, 110 Circle of Holly, would like to see land developed and is in favor of the request.
• Virginia Connally, member of Abilene Woman's Club, concerned with flooding issues and is opposed.
• Randy Armstrong, 1402 Sylvan, opposed.
• Tina Tatum, 1365 Sylvan, prefers vacant lot to other options such as construction that is not in compliance.
• Mary Ellen Boone, 1125 Elmwood Dr., stated her positive opinion concerning her husband's (Dan Boone) character and work ethics.
• John Crawford, 1375 Hollis, issues should be worked out.

Roy McDaniel, City Manager, stated it is staff's job to make professional recommendations based on what is considered to be the best use for all the citizens of Abilene.

Sharon Hicks, City Attorney, stated deed restrictions, as private contractual arrangements, do not affect the city's zoning authority and responsibilities. Ms. Hicks explained the purpose of MX zoning and the consideration that was given to the homeowners by staff in their recommendation of that zoning. Ms. Hicks noted there are drainage plans designed for the area, reviewed the enforcement procedures for non-compliance with MX zoning and noted the names of those that serve on the Mixed Use Review Board.

Council's discussion included; the proponent being aware of deed restrictions at the time the land was purchased, the need for compromise and a workable solution for all parties, the fairness of mixed use overlay zoning versus other types of zoning and what would be permitted on the property under the current zoning.

Councilwoman Martinez moved to deny the request to add MX (Mixed Use Overlay) to the underlying RM-3 (Residential Multi-Family) zoning district, located in the 3500 block of S. 14^th. Councilman Drennan seconded the motion and the motion failed.

AYES: Councilman Drennan, Councilwoman Martinez and Mayor Barr.

NAYS: Councilmen Vasquez and Brown, and Councilwoman Alexander.

Mayor Barr stated a second motion could be entertained and reiterated a super majority vote of five affirmatives is required for the item to be approved.

Councilwoman Alexander moved to approve the request to add MX (Mixed Use Overlay) to the underlying RM-3 (Residential Multi-Family) zoning district, located in the 3500 block of S. 14^th. Councilman Vasquez seconded the motion stating if the motion passes it should be understood that there are still options available to the property owners in the area and that they should involve themselves directly in working toward a compromise or solution for all parties. The motion failed, and the request was denied.

AYES: Councilman Brown and Councilwoman Alexander.

NAYS: Councilmen Vasquez and Drennan, Councilwoman Martinez and Mayor Barr.

Mayor Barr and Council members stated their respect for and appreciation to Mr. Boone for the great service he has provided to Abilene.

5. Mayor Barr stated the presentation and possible action on the draft policy concerning road humps has been removed from today's agenda and would be brought back at a later date.

Mayor Barr 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.

The Council reconvened from executive session and reported no action taken. Mayor Barr noted Councilwoman Alexander had left the meeting.

No action was taken on Item 5.4, Oral Resolution to consider land purchase east of Loop 322 and south of I-20 in Abilene, Texas.

There being no further business, the meeting was adjourned at 11:35 a.m.

Jo Moore, City Secretary

Grady Barr, Mayor