October 28, 1999

PRE-COUNCIL WORK SESSION, THURSDAY

October 28, 1999, 8:30 A.M.

CITY COUNCIL OF THE CITY OF ABILENE, TEXAS,

BASEMENT CONFERENCE ROOM, CITY HALL

The City Council of the City of Abilene, Texas, met in a Pre-Council Work Session on October 28, 1999, at 8:30 a.m. in the Basement Conference Room of City Hall. Mayor Grady Barr was present and presiding with Councilman 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. Councilman Paul R. Vasquez was absent.

The Council discussed various consent and regular agenda items. City Manager Roy McDaniel stated that he understands on Item No. 4.5 "Public Hearing: Z-05199 Rezone from AO (Agricultural Open Space) to RM-2 (Residential Multi-Family) zoning district located at 2625 Antilley Road" that the neighborhood is agreeable to a less dense zoning, RM-3 versus RM-2, and that the developer is also in agreement. Mr. McDaniel further stated if that is the case the issue may be fairly easily resolved in the regular Council Meeting. There being no further discussion, the meeting was recessed to the City Council Chambers until 9:00 a.m. for the regular Council Meeting.

REGULAR CITY COUNCIL MEETING

October 28, 1999, 9:00 A.M.

CITY COUNCIL OF THE CITY OF ABILENE, TEXAS

CITY COUNCIL CHAMBERS OF CITY HALL

Mayor Barr reconvened the City Council of the City of Abilene, Texas, into Regular Session October 28, 1999, at 9:00 a.m. in the Council Chambers of City Hall.

Councilman A. Don Drennan gave the invocation.

Pledge of Allegiance was led by Eric Oriz, 5^th grader from Ward Elementary. Eric's father, Hector Ortiz was also present.

DISPOSITION OF MINUTES

Mayor Barr made the following statement: "The Council has before them the minutes of the October 14^th meeting and before we take action on those minutes I would like to make one comment. Regarding Item 3.1, awarding of the terminal renovation work at the airport, it has come to my attention that my firm submitted a quote to the general contractor for the roofing portion of the contract. I was unaware of this fact until after the vote. Had I known, I would have abstained from the vote, but since it was unanimous, my voting had no effect on the outcome of the award."

There being no corrections, additions, or deletions to the minutes of the Pre-Council Session and Regular City Council Meeting held October 14, 1999, Councilman Brown moved to approve the minutes as printed. Councilwoman Martinez seconded the motion and the motion carried.

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

NAYS: None.

CONSENT AGENDA

Councilman Drennan moved to approve consent agenda items 3.1 through 3.3, as recommended by staff. Councilman Beckham seconded the motion and the motion carried.

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

NAYS: None.

Resolutions

3.1 Resolution in support of grant applications to the West Central Texas Council of Governments.

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

RESOLUTION OF THE CITY OF ABILENE (CITY) AUTHORIZING THE FILING OF A GRANT APPLICATION WITH THE WEST CENTRAL TEXAS COUNCIL OF GOVERNMENTS (WCTCOG) FOR A REGIONAL SOLID WASTE GRANTS PROGRAM GRANT; AUTHORIZING THE CITY MANAGER TO ACT ON BEHALF OF THE CITY OF ABILENE IN ALL MATTERS RELATED TO THE APPLICATION; AND PLEDGING THAT IF A GRANT IS RECEIVED, THE CITY OF ABILENE WILL COMPLY WITH THE GRANT REQUIREMENTS OF THE WCTCOG, THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION AND THE STATE OF TEXAS.

Bid Awards

Cold Mix Type F, Bid #CB-0001. The bid was awarded to Vulcan Material of Ft. Worth, Texas, for unit prices bid, as recommended by staff.

3.3 Microsoft Office Software, Bid #CB-0005. The bid was awarded as follows: Item #1 to CompUSA in the amount of $9,234 and Items #2 and #3 to Software House International in the amount of $19,451, as recommended by staff.

REGULAR AGENDA

Resolutions

4.1 City Link General Manager Brent Black briefed the Council on the expansion of evening transportation services for the Transit System. The City of Abilene has been awarded a $100,000 Job Access Reverse Commute (JARC) grant from the Federal Transit Administration (FTA) for the implementation of evening transportation service. The grant requires local match funding which has been secured from several local sources and will provide funding for 12 - 15 months of service.

Following Council's review of the Evening Service Policy Councilwoman Martinez made a motion to approve by Oral Resolution the implementation of evening transit service and the associated fares and polices for the Transit System. Councilman Brown seconded the motion and the motion carried.

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

NAYS: None.

Ordinances

4.2 Jeff Armstrong, Assistant Director of Community Development, briefed the Council on an Ordinance considered on second and final reading - Z-04799 - Ordinance amending PDD-56 concerning uses allowed on property located in the 2300 block of E. N. 10^th Street.

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 stated he would be abstaining on this item due to his serving on the Board of Trustees for Abilene Christian University.

Councilman Beckham moved to approve the Ordinance amending PDD-56 concerning uses allowed on property located in the 2300 block of E. N. 10^th Street. Councilwoman Alexander seconded the motion and the motion carried.

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

NAYS: None.

ABSTAIN: Councilman Drennan

The Ordinance is numbered 52-1999 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. 28-1994 CONCERNING THE PDD #56 PLANNED DEVELOPMENT DISTRICT; DECLARING A PENALTY AND CALLING A PUBLIC HEARING, AND AN EFFECTIVE DATE.

Jeff Armstrong, Assistant Director of Community Development, briefed the Council on an Ordinance considered on second and final reading - Z-05299 - Rezone from AO (Agricultural Open Spaces) to GC (General Commercial) zoning district located at Hwy 277 & FM 3438.

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 Ordinance amending - Z-05299 - Rezone from AO (Agricultural Open Spaces) to GC (General Commercial) zoning district located at Hwy 277 & FM 3438. Councilwoman Alexander seconded the motion and the motion carried.

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

NAYS: None.

The Ordinance is numbered 53-1999 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.

4.4 Jeff Armstrong, Assistant Director of Community Development, briefed the Council on an Ordinance considered on second and final reading - Z-05499 - Rezone from AO (Agricultural Open Space) to PDD (Planned Development) zoning district located at 1510 E. Industrial Blvd.

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

. Clay Kinnaird, agent for Lytle Creek Golf Links L.L.C.

Councilman Brown moved to approve the Ordinance amending Z-05499 - Rezone from AO (Agricultural Open Space) to PDD (Planned Development) zoning district located at 1510 E. Industrial Blvd. Councilwoman Alexander seconded the motion and the motion carried. AYES: Councilman Drennan, Councilwoman Martinez, Councilmen Beckham and Brown, Councilwoman Alexander, and Mayor Barr.

NAYS: None.

The Ordinance is numbered 54-1999 and is captioned as follows:

AN ORDINANCE OF THE CITY OF ABILENE, TEXAS, AMENDING CHAPTER 23, SUBPART E, "ZONING," OF THE ABILENE MUNICIPAL CODE, CONCERNING PDD-70 PLANNED DEVELOPMENT DISTRICT; CALLING A PUBLIC HEARING; PROVIDING A PENALTY AND AN EFFECTIVE DATE.

4.5 Jeff Armstrong, Assistant Director of Community Development, briefed the Council on an Ordinance considered on second and final reading - Z-05199 - Rezone from AO (Agricultural Open Space) to RM-2 (Residential Multi-Family) zoning district located at 2625 Antilley Road. The Planning and Zoning Commission and Staff recommend approval.

Mr. Armstrong reviewed the summary of the comments that were sent to the 11 property owners as well as the response from outside of the notification area. Mr. Armstrong noted a possible alternative to the original request for RM-2 zoning would be RM-3 zoning which would allow 8 apartment units per acre versus 24 units per acre allowed under RM-2.

Mayor Barr stated the item does call for a public hearing and that those in attendance had been given an opportunity to register their approval or opposition and if there were anyone present who had not registered they could so at this time. Mayor Barr further stated when everyone desiring to register had done so a total count of the number opposed and number in favor would be made and announced.

Mayor Barr opened the public hearing and the following individuals spoke:

Paul Cannon, spokesperson for the Fairway Oaks Homeowners Association, stated originally the Association had voted to request the developer amend his request from the RM-2 zoning to a planned development district which would place more limitation on the number of units allowed. Mr. Cannon further stated it was then learned that the developer was willing to accept the RM-3 zoning. The Association was in agreement with the RM-3 zoning, which would be an acceptable amendment in the public interest and would not unduly tax resources.

Chris Carnohan, 5309 Bridle Path, noted there are no multiple family units currently in the Wylie I.S.D. and the possible 600 units resulting from this development would have students coming from the Abilene I.S.D. to live in these apartments. Mr. Carnohan further stated the vacancies would be a problem for the A.I.S.D. and a burden for the W.I.S.D.

Glen Cowan, president of Gulf Star Corp. of Houston, explained his original request noting he would be disappointed if he did not receive the RM-2 zoning but he would accept the RM-3 zoning which would still meet his initial objective.

Belinda Cook, 21 Cherry Hill East, stated the developer was quoted as saying he would build 102 units on 10 acres and the other 15 acres would be reserved for future expansion. Ms. Cook asked for clarification on whether that is true or is the 102 units the total to be built? Ms. Cook's noted concerns included: the hospital, high school and elementary school in the area, the number of accidents that have occurred, request for information from the developer that went unanswered, and the fact that there is hardly any background information on the developer because the company is so new. Ms. Cook further stated she has a petition with 218 signatures opposing the request but that the RM-3 zoning would be acceptable to her and her neighbors. Ms. Cook also requested the developer construct a large recreational area for the children in the area.

Glen Cowan, developer, explained he had intended to construct 102 units on half of the property and at a later date he would construct the other 102 units for a total of 204 units. Mr. Cowan further explained how his company was formed.

Seymour Beitscher, 41 Cypress Point St., stated the 102 units will generate 200 plus cars in an area where a dangerous intersection will become even more dangerous.

Max Harding, 145 Fieldstone Rd., resident of the Wylie school district, stated 100 apartment units would add about 80 students to the school rolls, but the taxes paid on the apartment complex would pay for fewer than 30 students' schooling. 50 students would be a tax burden on Wylie I.S.D. which would be overwhelming to and have a detrimental effect on the taxpayers of Wylie I.S.D.

Neldon Watson, Abilene Apartment Association, stated there are 12,000 rental units in Abilene's apartment industry and a thousand of those are vacant. Mr. Watson questioned the timing of the new development from an economic standpoint unless more industry comes to Abilene.

Virginia Selby, 434 Avenida De Leon, stated Wylie has combined school offices in order to save money, and stated orderly development is needed.

Bill Mueller, 40 Pebbles Beach, stated zoning should stay AO or the item should be tabled to give the community time to consider the RM-3 zoning.

Kimberly Clark, Manager of Country Club Villa, stated more apartments may cause existing complexes to suffer and the employees of those complexes would then also suffer.

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

Council discussion included: traffic safety concerns including a hump in Antilley Road left by tracks from a railroad crossing that impairs motorists' visibility, the speed of traffic on the road and the need for a traffic light at the intersection of Fairway Oaks Boulevard and Antilley Road.

Staff addressed Council's concerns noting a project to remove the hump left from the railroad tracks is to go out to bid early next year, the intersection in question is nearing the threshold of peak hour traffic that would qualify it for a traffic signal and that although 21 of the 42 accidents noted were on private property the traffic speed on Antilley Road would continue to be monitored.

Following Council and staff discussion Mayor Barr announced that of those that registered their opinion on the request for rezoning from AO to RM-2, 100 were opposed and 7 were in favor.

Councilman Brown made a motion to approve the amended request for rezoning of property from AO (Agriculture Open) to RM-3 (Residential Multi-Family) district, located at 2625 Antilley Road. Councilwoman Alexander seconded the motion and the motion carried.

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

NAYS: None.

The Ordinance is numbered 55-1999 and is captioned as follows:

AN ORDINANCE AMENDING CHAPTER 23, "PLANNING AND COMMUNITY DEVELOPMENT," SUBART 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.

Other Business

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 the appointment and evaluation of public officers, and to consider the purchase, exchange, lease or value of real property.

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

There being no further business, the meeting was adjourned at 10:50 a.m.

Jo Moore, City Secretary

Grady D. Barr, Mayor

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