The City Council of the City of Abilene, Texas, met in Regular Session on November 11, 1999, at 9:00 A.M. in the City Council Chambers 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 L. McDaniel, Assistant City Manager Mike Morrison, City Attorney Sharon Hicks, City Secretary Jo Moore, and various members of the City staff.

No Pre-Council session was held due to the Veterans Day Ceremony in honor of Military Veterans.

Councilman Rob Beckham gave the invocation.

Laken Chapman, fifth-grader at Alta Vista Elementary, led the pledge of Allegiance. Also in attendance were Laken's father, Stan Chapman and the school principal, Mr. Brokovich.

Councilman Vasquez moved to approve the minutes of the Pre-Council Session and Regular City Council Meeting held October 28, 1999, with a correction noted on page 7 and a word addition on page 5. 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.

Councilwoman Martinez moved to approve items 3.1, 3.2, 3.4, and 3.5 and first reading of Item 3.6, as recommended by the staff. Councilman Beckham seconded the motion and the motion carried. Item 3.3 was removed from the consent agenda to be considered separately at the request of Councilman Beckham.

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

NAYS: None.

1. Replacement of Water System SCADA Software, Bid # CB-9062. The City Manager was authorized by Oral Resolution to execute a contract with Protolink, Inc. of Richardson, Texas in the amount of $79,950.00 as the lowest complete proposal, as recommended by staff.
2. Uniforms for Fire Department, Bid # CB-0004. The bid was awarded to Direct Action Uniforms on a per unit basis for an estimated amount of $17,523.65, as recommended by staff.

Resolutions

3. Oral Resolution approving the use of CDBG funds in the amount of $20,985.00 for a professional services contract with Weatherl & Associates for an Historic Structures Report on the Matera Paper Building. Removed from the Consent Agenda to be considered separately.
4. Oral Resolution approving a Street Use License Agreement with the Center for Contemporary Arts for the purpose of erecting a tent/awning to cover a bandstand and dance floor over the sidewalk and adjacent parking lane beside their facility at 220 Cypress Street as part of the Big Y2K To Do fundraiser to be held Saturday, December 11.
5. Resolution amending the by-laws of Abilene Clean and Proud to reflect the name change from Abilene Clean and Proud to Keep Abilene Beautiful, Inc.

The Resolution is numbered 37-1999 and is captioned as follows:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ABILENE, TEXAS, APPROVING AMENDMENTS TO THE BYLAWS OF ABILENE CLEAN AND PROUD, INC., TO CHANGE THE NAME OF THE CORPORATION FROM ABILENE CLEAN AND PROUD, INC., TO KEEP ABILENE BEAUTIFUL, INC.

Ordinances

6. Approval of first reading: Ordinance supporting WTU's request for Modified Municipal Water Pumping Tariff, and set a public hearing for December 9,1999 at 9:00 a.m.

3.3 Removed from the Consent Agenda. Elizabeth Grindstaff, Planning Services Administrator, briefed the Council on an Oral Resolution approving the use of CDBG funds in the amount of $20,985.00 for a professional services contract with Weatherl & Associates for an Historic Structures Report on the Matera Paper Building. Mrs. Grindstaff gave a summary of the contract costs and a breakdown of the activities; noting that the $20,985.00 is the maximum amount to be paid. The report would include measured drawings of the existing structure, schematic floor plans, photographic documentation, history of the structure, budget recommending stabilization repairs, and recommendations for long range planning.

Mrs. Grindstaff replied to questions by Council regarding the use of the building. Mrs. Grindstaff stated that although the use of the building has not been determined at this time, what local and statewide interest exists will be considered. The building is listed on the National Register which requires certain guidelines. If approved, the Historic Structures Report would be reviewed by the Texas Historical Commission.

Council comments and discussion included; concerns over the condition of the roof of the building, the possibility of using the CDBG funds to repair the roof versus funding the report, the possibility of a private entity interested in the building paying for the report, and the time frame involved in the study.

Assistant City Manager Mike Morrison stated the building is an historic structure, and steps should be taken to be sure the roof is repaired properly to retain its historical value. Mr. Morrison further stated this report has been done repeatedly on other buildings, the perceived risk reduction is important, and the report would help do this by reducing the unknown and enhancing the ability to market the building. Other options are available to fix the roof, such as TIF or other city funds, but CDBG is preferred.

Mrs. Grindstaff noted the report requires a structural engineer & a licensed architect, neither of which is on city staff.

Councilwoman Alexander stated we must protect our current investment, and moved to approve by Oral Resolution the use of CDBG funds in the amount of $20,985.00 for a professional services contract with Weatherl & Associates for an Historic Structures Report on the Matera Paper Building, as recommended. 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.

1. Cassie Hughes, Building Official, briefed the Council on an Ordinance considered on second and final reading amending Chapter 8, "Construction Regulations," Article V, "Advisory Board," Division 3, Mechanical, Plumbing, Electrical and Swimming Pool Board of Appeals, and Article VI, "Codes and Other Regulations," Division 3, "Electrical Code" of the Abilene Municipal Code concerning adopting the National Electrical Code, 1999 Edition, with local amendments. The Electrical Code Review Committee, Electrical Sub-Committee, Mechanical, Plumbing, Electrical & Swimming Pool Board of Appeals, 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 amending Chapter 8, "Construction Regulations," Article V, "Advisory Board," Division 3, Mechanical, Plumbing, Electrical and Swimming Pool Board of Appeals, and Article VI, "Codes and Other Regulations," Division 3, "Electrical Code" of the Abilene Municipal Code concerning adopting the National Electrical Code, 1999 Edition, with local amendments as recommended, and stated special appreciation to the committees involved. 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 56-1999 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 - TC-05399 - Thoroughfare abandonment of property located at Buffalo Gap Road & Stonecrest Drive, southeast corner. The Planning & Zoning Commission recommends approval, the Plat Review Committee and staff recommend disapproval.

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

• Gary Shahan, 2441 Spyglass Hill, owner of the southernmost lot, which is currently vacant, stated that in the development of land since 1965 on the same side of Buffalo Gap Road, no land has been taken for widening of Buffalo Gap Road when replats were done over the past 20 years. Mr. Shahan stated he is asking to be treated the same as those landowners.
• Robert Martin, 3041 Stonecrest Dr., stated the 30' would be of no help to the State and since they have no set plans or funds for the property he is in favor of the request. Mr. Martin addressed setback questions on property he owns in the area.

Mr. Armstrong stated the Board of Adjustment could hear setback questions by property owners in the area.

Robert Allen, Metropolitan Transportation Planner, stated the feasibility study was done because of growth and the congestion on Buffalo Gap Road. The study showed retaining the property is feasible and will be necessary in the foreseeable future. Mr. Allen further stated underground storm sewers would be needed and the cost for that is high; although widening will occur within the next 25 years, cost does not make it a priority now.

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

Councilman Vasquez moved to deny the request for thoroughfare abandonment of property located at Buffalo Gap Road & Stonecrest Drive, southeast corner, as recommended by the Plat Review Committee and staff. Councilman Vasquez recommended the property owners explore other avenues concerning their setback questions. 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 request was DENIED.

4.3 Jeff Armstrong, Assistant Director of Community Development, briefed the Council on an Ordinance considered on second and final reading - TC-05699 - Thoroughfare abandonment of property located between North 18^th & North 17^th Streets and Cedar & Cypress Streets. The Planning & Zoning Commission, Plat Review Committee, and staff recommend approval subject to retention of a utility easement the length and width of the alley and that the applicant pay the cost of relocating any utility lines or facilities.

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

• Duane Martin, Director of Planning and Operations at Hendrick Medical Center, 1242 N. 19^th.

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

Councilman Beckham moved to approve the Ordinance for thoroughfare abandonment of property located between North 18^th & North 17^th Streets and Cedar & Cypress Streets subject to the conditions as recommended by the Planning & Zoning Commission, Plat Review Committee, and staff. Councilman Drennan seconded the motion and the motion carried.

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

NAYS: None.

ABSTAIN: Councilman Vasquez, due to his employment with Hendrick Medical Center.

The Ordinance is numbered 57-1999 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 - TC-05799 - Thoroughfare abandonment of property located on North 19^th Street between Pine & Cedar Streets. The Planning & Zoning Commission, Plat Review Committee, and staff recommend approval with the conditions that an accessible easement for the utilities in the alley be maintained and that the applicant pay the cost of relocating any utility lines or facilities.

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

• Duane Martin, Director of Planning and Operations at Hendrick Medical Center, 1242 N. 19^th.

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

Councilman Drennan moved to approve the Ordinance for thoroughfare abandonment of property located on North 19^th Street between Pine & Cedar Streets with the conditions that an accessible easement for the utilities in the alley be maintained and that the applicant pay the cost of relocating any utility lines or facilities, as recommended by the Planning & Zoning Commission, Plat Review Committee, and staff. 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.

ABSTAIN: Councilman Vasquez, due to his employment with Hendrick Medical Center.

The Ordinance is numbered 58-1999 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 amending Section 23-357.3 (K) & (R) of Subdivision Regulations concerning monumentation and subdivision location. The Planning & 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 considered on second and final reading amending Section 23-357.3 (K) & (R) of Subdivision Regulations concerning monumentation and subdivision location, as recommended by the Planning & Zoning Commission and staff. 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 59-1999 and is captioned as follows:

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

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

There being no further business, the meeting adjourned at 11:20 a.m.

Jo Moore, City Secretary

Grady Barr, Mayor