The City Council of the City of Abilene, Texas, met in a Pre-Council Work Session on December 9, 1999, at 8:15 a.m. in the Basement Conference Room of City Hall. Mayor Grady Barr was present and presiding with Councilmen A. Don Drennan, Rob Beckham, Versie L. Brown, Jr., and Councilwoman Kay Alexander. Also present were City Manager Roy L. McDaniel, City Attorney Sharon Hicks, City Secretary Jo Moore, and various members of the City staff. Councilman Paul R. Vasquez and Councilwoman Carol Martinez were absent.

Mayor Barr announced that the Pre-Council session is being held 15 minutes early today in order for Council to attend a reception hosted by the Youth Advisory Council in the 2^nd floor lobby at 8:45 a.m. City Manager Roy McDaniel introduced Jack Harkins of Tittle Luther Partnership, who then presented an update on the Senior Citizens Center construction at Rose Park. Construction of the building is expected to begin after the first of the year. The Council briefly discussed various consent and regular agenda items as follows: Mr. McDaniel stated item 3.10 will be pulled from today's agenda due to non-compliance of the super majority requirement, since two Councilmembers are absent. There being no further discussion, the meeting was recessed 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 December 9, 1999, at 9:00 a.m. in the City Council Chambers of City Hall.

Councilman Rob Beckham gave the invocation.

Brad Pierce, 5th grader at Austin Elementary, led the pledge of Allegiance; and Dannie Sue Pierce, Brad's mother, was in attendance.

Janet Ardoyno, Executive Director of Big Brothers and Big Sisters, presented to Mayor Barr the Community of Promise Award from the America's Promise - The Alliance for Youth Organization, dedicated to the success of our youth and providing them the opportunity to give back through community services. Mrs. Ardoyno stated Abilene youth were recognized at the Government Leadership Conference.

Shawn Lewis, Management Assistant, and the City's Youth Advisory Council gave a presentation on Abilene YouthWorks, emphasizing the positive activities Abilene's youth are involved in.

Jo Moore, City Secretary, assisted Mayor Barr in the presentation of the Employee Service Awards as follows:

20 Years, Richard W. Froh,Equipment Mechanic II, Equipment Services

20 Years, Robert A. Hyatt, Computer Programmer/Analyst IV, Computer Services

20 Years, David M. Wright, Director of Finance, Finance

Mayor Barr, assisted by City Manager Roy McDaniel, presented the Employee of the Quarter Award to Shay Bennett, Principal Librarian.

Rick Dorman, Chair of the Employee Committee, assisted Mayor Barr in introducing the past year's employees of the quarter as follows: Becky Irby, Zookeeper II; Suellen Wiggins, Health Department; Janice Peters, Vehicle Impound Coordinator in the Police Department; and Richard Church, Bus Driver for Senior Citizens. Mayor Barr then presented the Employee of the Year Award to Suellen Wiggins, from the Health Department.

Mayor Barr presented a proclamation for December 9, 1999 as Abilene High School Tennis Team Day in honor of their winning the Class 5A State Championship.

Councilman Beckham moved to approve the minutes of the Pre-Council Session and Regular City Council Meeting held November 4, 1999 and November 11, 1999. Councilman Brown seconded the motion and the motion carried.

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

NAYS: None.

City Manager Roy McDaniel stated item 3.10 has been removed from the Consent Agenda due to the lack of the required number of Councilmembers present for a super majority vote. The item will be considered at a later date. Councilwoman Alexander moved to approve consent agenda items 3.1 through 3.8 and first reading of items 3.9 and 3.11 through 3.14 as recommended by the staff. Councilman Beckham seconded the motion and the motion carried.

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

NAYS: None.

1. Oral Resolution approving a dental services contract with Presbyterian Medical Care Mission and authorizing the City Manager to execute the contract.
2. Resolution approving calculation and allocation of base amount for purposes of telecommunication compensation for right-of-way.

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

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ABILENE, TEXAS, IMPLEMENTING THE REQUIREMENTS OF CHAPTER 283 OF THE TEXAS LOCAL GOVERNMENT CODE, AND AUTHORIZING AND APPROVING THE ACCEPTANCE AND FILING OF THE BASE AMOUNT AND ALLOCATION OF THE BASE AMOUNT WITH THE PUBLIC UTILITY COMMISSION OF TEXAS.

3. Resolution authorizing City intervention of TXU- Lone Star Gas Gate Rate Case.

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

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ABILENE, TEXAS, AUTHORIZING INTERVENTION IN GUD NO. 8976, TXU LONE STAR GAS PIPELINE'S APPLICATION TO THE RAILROAD COMMISSION TO INCREASE ITS CITY GATE RATE; FURTHER AUTHORIZING PARTICIPATION WITH THE STEERING COMMITTEE OF CITIES SERVED BY LONE STAR IN PROCEEDINGS BEFORE THE RAILROAD COMMISSION OR SUBSEQUENT APPEALS; REQUIRING RATE CASE EXPENSE REIMBURSEMENT OF REASONABLE COSTS INCURRED BY THE STEERING COMMITTEE FOR ATTORNEYS, CONSULTANTS AND WITNESSES AND OTHER ASSOCIATED COSTS.

4. Resolution authorizing the filing of applications and executing agreements with the Texas Department of Human Services for the provision of transportation services.

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

A RESOLUTION OF THE CITY OF ABILENE, TEXAS AUTHORIZING THE FILING OF APPLICATIONS AND THE EXECUTION OF AGREEMENTS WITH THE TEXAS DEPARTMENT OF HUMAN SERVICES FOR TRANSPORTATION GRANTS FOR SPECIALIZED TRANSPORTATION PROGRAMS.

Award of Bids

5. Renovation of Stevenson Park Swimming Pool, Bid #CB-0009. The bid was awarded to Starks Construction Co. in the amount of $204,139.54, as recommended by staff.
6. Construction of a restroom in Sears Park, Bid #CB-0011. The bid was awarded to Don Faulkner Construction Co. in the amount of $47,620 as recommended by staff.
7. Construction of Scarborough parking lot, Lake Kirby boat ramp, and Redbud walking path, Bid #CB-0013. The bid was awarded to Bontke Brothers Construction Co. in the amount of $111,898.40 as recommended by staff.
8. Asbestos abatement at Abilene Regional Airport, Bid #CB-0008. The bid was awarded to Alamo Environmental, the low responsive responsible bidder in the amount of $189,986.00, as recommended by staff.

Ordinances

9. Approval of First Reading - Ordinance establishing standards of care for City of Abilene Recreation programs, and set a public hearing for December 16, 1999 at 9:00 a.m.

AN ORDINANCE OF THE CITY OF ABILENE, TEXAS, ESTABLISHING STANDARDS OF CARE FOR CITY OF ABILENE YOUTH PROGRAMS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; AND CALL A PUBLIC HEARING.

10. Z-06199 - Rezone from SC, LC & AO (Shopping Center, Limited Commercial & Agricultural Open Space) to PDD (Planned Development) district located in the 5300 block of Buffalo Gap Road, and set a public hearing for December 16, 1999 at 9:00 a.m. Removed from the Consent Agenda to be considered at a later date.
11. Approval of First Reading Z-06299 - Rezone from RS-6 (Residential Single Family) to GC (General Commercial) district located at 1418 Portland, and set a public hearing for December 16, 1999 at 9:00 a.m.

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.

12. Approval of First Reading Z-06499 - Rezone from RM-2 (Residential Multi-Family) to GC (General Commercial) district located at S. Danville Drive & Curry Lane, and set a public hearing for December 16, 1999 at 9:00 a.m.

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.

13. Approval of First Reading - Ordinance amending Zoning Ordinance Section 23-306.4, Permitted Uses, to allow church in PI (Park Industrial) zoning district, and set a public hearing for December 16, 1999 at 9:00 a.m.

AN ORDINANCE AMENDING CHAPTER 23, "PLANNING AND COMMUNITY DEVELOPMENT," SUBPART E, "ZONING," OF THE ABILENE MUNICIPAL CODE, BY AMENDING CERTAIN SECTIONS AS SET OUT BELOW; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY AND CALLING A PUBLIC HEARING.

14. Approval of First Reading - Ordinance revising Ordinance #31-1999, Burglar Alarms, and set a public hearing for December 16, 1999 at 9:00 a.m.

4.1 Dwayne Hargesheimer, Director of Water Utilities, briefed the Council on an Ordinance supporting WTU's request for Primary Municipal Water Pumping Tariff. Staff recommends 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 supporting WTU's request for Primary Municipal Water Pumping Tariff, as recommended by staff. Councilwoman Alexander seconded the motion and the motion carried.

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

NAYS: None.

The Ordinance is numbered 60-1999 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-05899- Rezone property at the southwest corner of Judge Ely Blvd. and East Stamford Street from RM-1 (Residential Multi-Family) to GC (General Commercial) zoning district. The Planning & 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:

• Roy Galbraith, 1225 N. 16^th, agent for the proponent, stated eight acres are being requested for rezoning from a 31-acre tract in order to construct an extended-stay hotel.

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

Councilman Brown moved to approve the Ordinance considered on second and final reading to rezone property at the southwest corner of Judge Ely Blvd. and East Stamford Street from Residential Multi-Family to General Commercial zoning district, as recommended by the Planning & Zoning Commission and staff. Councilwoman Alexander seconded the motion. Following discussion among Council, staff, and the agent for the proponent, the motion and second were withdrawn in order to give the proponent the opportunity to explore PDD (Planned Development District) zoning.

Councilman Drennan moved to table the Ordinance to rezone property at the southwest corner of Judge Ely Blvd. and East Stamford Street from Residential Multi-Family to General Commercial zoning district. Councilman Brown seconded the motion and the motion carried.

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

NAYS: None.

4.3 Sharon Hicks, City Attorney, briefed the Council on an Ordinance considered on second and final reading - Z-05999 - Removal of the H (Historic Overlay) to the underlying CB (Central Business) zoning on the property at 618 Hickory. The Planning & 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:

• Pebbles Lee, 220 Mulberry, chair of the Landmarks Commission, noted the Commission's decision to drop the zoning was based on the failure to find a compromise with the property owner and that the historical integrity of the building has been violated.

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

Councilwoman Alexander moved to approve the Ordinance considered on second and final reading Removal of the H (Historic Overlay) to the underlying CB (Central Business) zoning on the property at 618 Hickory, as recommended by the Planning & Zoning Commission and staff. Councilman Beckham seconded the motion and the motion carried.

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

NAYS: None.

The Ordinance is numbered 61-1999 and is captioned as follows:

Mayor Barr recessed the Council into executive session pursuant to Sections 551.071, 551.072, and 551.074 of the Open Meetings Act, and 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.

5.4 Councilman Drennan moved to approve the Resolution nominating Betty Ray and Harold Nixon to the Board of Directors for the Central Appraisal District of Taylor County. Councilman Brown seconded the motion and the motion carried.

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

NAYS: None.

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

5. Sharon Hicks, City Attorney, briefed the Council on a Resolution reappointing Keith A. Barton Municipal Judge for a term of two (2) years, effective December 5, 1999.

Councilman Brown moved to approve the Resolution reappointing Keith A. Barton Municipal Judge for a term of two (2) years, effective December 5, 1999. Councilwoman Alexander seconded the motion and the motion carried.

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

NAYS: None.

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

There being no further business, the meeting adjourned at 11:52 a.m.

Jo Moore, City Secretary

Grady Barr, Mayor