The City Council of the City of Abilene, Texas, met in a Pre-Council Work Session on February 10, 2000, 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, Versie L. Brown, Jr., and Councilwoman Kay Alexander. Also present were City Manager Roy L. McDaniel, Assistant City Manager Michael Morrison, City Attorney Sharon Hicks, City Secretary Jo Moore, and various members of the City staff.

Michael Morrison, Assistant City Manager, informed Council of an article on the City's Management Assistant Program recently published in the TML Magazine. Police Chief Melvin Martin briefed the Council on traffic issues, noting the Department's focus on traffic this year will include establishing a citizen task force, budgeting for a portable monitor to enhance awareness and calculate speed, working with funeral homes to enhance the escort service and free up traffic officers to work traffic, noting the set amount for each funeral escort will be kept to a minimum. Chief Martin then reviewed the history of the Cockerell/Carver Area Neighborhoods, stating 13^th Street had been the main focus and control in that area had been successful, but this moved some of the problem to the Cockerell area, which then became the focal area. Chief Martin further noted that there are many obstacles to overcome and with the Criminal Justice System having set a state Jail Felony makes it even more difficult to find informants. Chief Martin further stated what needs to happen is: immediate attention needs be given to the houses and apartments in the area that are in bad condition, and a strong message needs to be sent that the neighborhood won't tolerate what's going on. His Department will continue working with the local District Attorney's office. Mayor Barr stated the Council applauds the Police Department's efforts. Councilman Brown stated he lives in the Cockerell neighborhood, and appreciates the Police Department's efforts also, and knows the neighborhood wants to cooperate with and continue to support the Police Department. The Council briefly discussed various consent and regular agenda items. There being no further discussion, the meeting was recessed until 9:00 a.m. for the regular Council Meeting.

Mayor Barr convened the City Council of the City of Abilene, Texas, into Regular Session February 10, 2000, at 9:00 a.m. in the City Council Chambers of City Hall.

Councilman Don Drennan gave the invocation.

Pledge of Allegiance was led by Andrea Rodriguez, fifth grader at College Heights Elementary. Andrea's mother and school principal, Jaime Torres, were also in attendance.

City Secretary Jo Moore assisted Mayor Barr in presenting the Employee Service Award to the following individual for his years of service:

25 Years, Johnny L. Robinson, Maintenance Worker I, Public Works

Mayor Barr presented the following Proclamations:

February 14-20, 2000 as Career and Technology Week, and

February 7-11, 2000 as National School Counseling Week.

Mayor Barr, assisted by Emergency Management Coordinator Mark Whitton, presented special recognition certificates to members of the Dyess Air Force Base Amateur Radio Operators, Key City Amateur Radio Operators Club, and Amateur Radio Emergency Services for their assistance as weather watchers and readiness for potential Y2K problems.

Councilman Drennan noted that he recently had the opportunity to represent Mayor Barr at a function in honor of the 111^th Battalion as they prepared to depart for Bosnia. Mayor Barr stated he wanted to publicly thank Councilman Drennan for that representation.

There being no corrections, additions, or deletions to the minutes of the Pre-Council Session and Regular City Council Meeting held January 27, 2000, Councilman Beckham moved to approve the minutes 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 Brown moved to approve consent agenda items 3.1 through 3.6, and approval of first reading for items 3.7 through 3.10 as recommended by staff. Councilman Vasquez seconded the motion and the motion carried.

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

NAYS: None.

1. Resolution ordering a joint City/AISD General Election and Special City Election for May 6, 2000, and providing for a Runoff Election on June 3, 2000 if needed.

The Resolution is numbered 2-2000 and is captioned as follows:

A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ABILENE, TEXAS, AND THE BOARD OF TRUSTEES, ABILENE INDEPENDENT SCHOOL DISTRICT, ORDERING ELECTIONS TO BE HELD IN SAID CITY AND SCHOOL DISTRICT ON MAY 6, 2000; PROVIDING FOR THE ELECTION OF PERSONS TO SERVE IN PLACES 1 AND 2 ON THE CITY COUNCIL OF THE CITY OF ABILENE AND IN PLACES 1, 2, 3, AND 7 ON THE BOARD OF TRUSTEES OF THE ABILENE INDEPENDENT SCHOOL DISTRICT; AND PROVIDING FOR A SPECIAL ELECTION OF PERSON TO SERVE THE UNEXPIRED TERM IN PLACE 3 ON THE CITY COUNCIL; PROVIDING METHOD OF APPLICATION FOR PLACEMENT OF CANDIDATE'S NAME ON BALLOT; PROVIDING A FILING DEADLINE FOR ALL CANDIDATES; AND PROVIDING FOR A PROCLAMATION NOTICE AND PUBLICATION OF NOTICE OF SAID ELECTIONS.

2. Oral Resolution authorizing professional services contract with University of North Texas Survey Research Center for a Community Needs Survey.
3. Resolution approving the Child Advocacy Center grant application.

The Resolution is numbered 3-2000 and is captioned as follows:

A RESOLUTION PROVIDING FOR APPROVAL OF APPLICATION FOR GRANT FUNDS FROM THE CRIMINAL JUSTICE DIVISION, VICTIMS OF CRIME ACT (VOCA) FUND, TO FURTHER DEVELOP THE ABILENE/TAYLOR COUNTY CHILD ADVOCACY CENTER.

4. Oral Resolution approving a street use license agreement located at 2065 Oak Street with the Featherlite Building Products Corporation.

Ordinances

1. Jeff Armstrong, Assistant Director of Community Development, briefed the Council on an Ordinance considered on second and final reading - 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. Mr. Armstrong stated the applicant proposes to rezone the property to Planned Development (PDD) district to locate a grocery store on the property. The applicant also wishes to put gasoline pumps with a canopy toward the front of the property. The northern portion of the property has a photography studio on it. The rest of the property has been vacant and used for agricultural purposes. Since the Planning and Zoning Commission meeting the applicant modified their request to eliminate the gas pumps and replace them with a 15,000 square foot commercial building. The gas pumps will be located outside of the PDD in the existing SC district to the north. The applicant is requesting "retail and services" be permitted with the only exceptions being liquor, sexually oriented businesses and auto sales.

The proposed PDD includes a landscape plan, screening, substantial limitations on signage, and limits permitted uses to grocery stores, offices and standard restaurants. The proposed ordinance ties development to a site plan and a landscape plan. The Buffalo Gap Corridor Study recommends commercial/office for this area and up to Chimney Rock Road to the north. Property immediately adjacent to the north is zoned Shopping Center and has two commercial structures. Shopping Center zoning permits grocery stores.

Staff recommends approval with the following modifications: (1) screening be masonry instead of wood and (2) truck traffic be prohibited from passing along the south side of the property, and further recommends denial of "retail and services" as permitted uses. The Planning and Zoning Commission recommends approval with the following conditions: the fence adjacent to residential zoning on the north and the fence along the south property line be 8 feet in height and constructed with a masonry material; trucks be prohibited on the south side of the property except for trucks to refuel the gas pumps.

Mr. Armstrong explained what land use plans are, and that where the transition from commercial to low density residential occurs is a Council decision (the land use plan map is not to scale). Mr. Armstrong noted the importance of putting commercial development at street intersections.

Council & staff's discussion included: the area just north of this property not being recommended for rezoning due to it not tying to commercial; that this recommendation is to extend existing commercial versus establishing new commercial, the need to relocate and enclose the refuse on the property, the difficulty for traffic coming out of the property turning south, the volume of traffic in that type of area being a factor of life on arterial streets, not wanting to create another situation like Albertson's on S. 14^th, a fair percent of traffic already being on Buffalo Gap Road which is not coming from driveways, moving the development period for the project from 18 to 12 months, the landscape plan being scaled back from what P&Z reviewed, and P&Z having discussed, but took no action on, restricting truck delivery times.

Councilman Vasquez stated that in January of 1993 there was a concern to provide consistency with residential zoning for the residents. Mr. Vasquez further stated the motion he made in 1993 for the rezoning based on the request from Mindy Morris would have been more consistent in moving commercial away from the residents. Mr. Vasquez also stated he has an issue with replacing that zoning with something more intense. Mr. Vasquez reiterated the fact that consistency is important.

Mayor Barr stated: "Before we move to the Public Hearing portion of our regular agenda item 4.1, let me say that I am aware that we do have several citizens who are interested in speaking on this item. The Council and staff have received numerous calls and visits as well as an extensive amount of information on this item. In the interest of time this morning we will establish time frames for those who want to speak on the item. In establishing our order of business this morning, first the proponent on the issue may initially speak for 15 minutes, this will be followed by a question and answer period for Council. If there is one spokesperson for the neighborhood, they will be allowed the same amount of time as the proponent. If there are no designated spokespersons each individual wishing to speak will be allowed 3 minutes. City Secretary Jo Moore will keep track of each person's time through the use of a timer. When the timer goes off, I would ask that you conclude your remarks. After all have spoken, I will ask for a show of hands to indicate the number for and against the item. The Council wants to hear all the information you have to share, but we do ask that you restrict your comments to new or additional information. We appreciate your consideration of and adherence to these rules."

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

• Randy Andrew, representative for Graco Real Estate Development, Inc., briefed the Council on the company's experience and history. Mr. Andrew stated United Grocery Store is community minded and wants to cohabitate with the neighborhood in a manner that is mutually beneficial to all parties. The 50,000 square foot state of the art store valued at $10 million plus will employ 190 people. Mr. Andrew further stated neighborhood grocery stores enhance neighborhoods and requested Council uphold the P&Z recommendation with modifications. Mr. Andrew demonstrated through the use of a slide presentation the appearance of United stores and compatibility in neighborhoods. Mr. Andrew also noted issues that generate quality of life concerns (i.e., trash, noise, light, and increased traffic) will be addressed and resolved.

• Jean Wagner, 3266 Woodhollow Circle, spoke on behalf of the majority of the neighborhood, noting indiscrepancies in Graco's request. Mrs. Wagner stated United will be in a mostly residential area, and asked how this is different than what P&Z denied at Buttonwillow a few months ago? There is supposed to be a gradual, smooth transition, and this is high intensity. The landscaping required is not shown, along with other discrepancies, and noted that Graco has been evasive. The net affect of the tax base will decrease for the City. Some pictures shown by Graco are different than what P&Z saw and some of the pictures shown are not on a corner and not in a residential area. The proposed landscape will not produce enough of a buffer for the residents. Graco has known since the middle of January about City regulations and have done nothing, the site plan was changed drastically since the P&Z meeting and since neighbors met with Graco. A limited/low intensity transition is wanted by the neighborhood, and if the City approves this zoning, they will be setting a precedent for not abiding by their own study. The neighborhood's primary concerns are large high intense commercial zoning in a primarily residential area, which does not provide adequate traffic access.

• Ted Wagner, 3266 Woodhollow Circle, addressed the diagram, showing the possible types of businesses allowed under the current zoning, noting the City would have some control over some of these structures, that an apartment complex is not realistic in the area. Mr. Wagner stated still there is a buffer reflected to the south and on most of the east side.

Councilman Vasquez moved to deny the Ordinance to 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. Councilman Brown seconded the motion.

City Attorney Sharon Hicks reminded Council that a super majority vote (of a 6 member Council, a super majority would be 5 affirmative votes) would be required to approve the request for rezoning.

After discussion, the motion and second were withdrawn.

Councilman Drennan moved to approve the Ordinance to 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. Councilman Beckham seconded the motion.

AYES: Councilman Drennan and Mayor Barr.

NAYS: Councilmen Vasquez, Beckham, Brown, and Councilwoman Alexander.

The motion failed.

4.2 Sarah Hannah, Management Assistant to the City Manager, briefed the Council on survey results regarding calling an election to determine whether the City should add fluoride to the City's water supply. Ms. Hannah stated a total of 12,415 surveys were counted. Of those, 8,234 supported holding an election, while 3,891 did not support holding an election. Eighty-five surveys indicated that the citizen was undecided, did not care or had some other comment regarding the city's water supply. Finally, 205 citizens did not answer the survey question, but specifically stated whether or not they supported adding fluoride to the water. Ms. Hannah stated Dr. Hall was present and has indicated the November election day was preferred.

Dr. Hall recommended Council approve having an election, suggesting it could be held with another election to keep costs down and that the survey showed an election is wanted. Dr. Hall stated the November election date is preferred based on the controversy that might occur in confusing this issue with Council candidates, and it would be advantageous to Council candidates in not having to be questioned on their position on fluoride. Dr. Hall clarified that the vote would be to adjust fluoride, as there is already some fluoride in the water.

Jim Johnson stated he has been in Abilene since 1933 and active in previous questions on fluoride. Mr. Johnson wants to vote against fluoride, and agreed we should have an election to let the people speak.

Councilman Vasquez moved to hold an election in November to consider adding fluoride to the City's water supply. Councilman Brown seconded the motion and the motion carried.

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

NAYS: None.

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

5.3 Roy McDaniel, City Manager, briefed the Council on the successful negotiation for the purchase of 166.57 acres of land located off of Highway 83/84 for the future construction of a water treatment plant for the Ivie pipeline project, in the amount of approximately $508,000. Staff recommends approval of the purchase.

Councilman Vasquez moved to authorize staff to purchase the 166.57 acres located off of Highway 83/84 for the future construction of a water treatment plant for the Ivie pipeline project, in the approximate amount of $508,000 as recommended by staff. Councilman Drennan seconded the motion and the motion carried.

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

NAYS: None.

Council commended staff on the progress being made toward the Ivie pipeline project.

There being no further business, the Council was reconvened to the Basement Conference Room for the Financial Worksession.

Council reconvened in the Basement Conference Room for the Financial Worksession.

5.5 David Wright, Finance Director, introduced auditor Don Ashmore of Davis, Kinard & Co. and Mindy Whisenhunt, Assistant Director of Finance. Mr. Wright then reviewed the General Fund Revenue and Expenditures September 1999 and the General Fund recommended use of year-end Balance as follows:

• $ 150,000 -Equipment Replacement
• $ 200,000 -Self Insurance
• $ 100,000 -Technology
• $ 25,000 -Facilities Improvements

$ 475,000-TOTAL

• $ 53,134 -Balance

$ 528,134

Mr. Wright noted staff recommends high priorities be given to the additional $150, 000 for the equipment replacement fund, and the additional $200,000 for the self-insurance fund.

City Manager Roy McDaniel explained the self-insurance rates and increases, noting self-insurance is still the most cost effective for the City. Councilman Drennan commended Mr. McDaniel, and encouraged staff to continue to keep tax rates as low as possible.

Mr. Wright reviewed the Water & Sewer Fund revenue and expenditures and addressed the Financial & Investment Policies as noted in his transmittal letter to the Audit Report, which was received by the Council.

Mr. McDaniel encouraged the Council to read the Financial and Investment Policies, noting Council's approval is required on both.

Don Ashmore, auditor for Davis, Kinard & Co., briefed the Council on the Auditor's Management Letter, which included Federal programs. Mr. Ashmore informed the Council there will be a change in national accounting standards resulting in a drastic change to the financial report format and presentation. The full accrual basis will be effective with the FY 2002 reporting.

Mr. Ashmore noted that sales tax is a major revenue source, but no one knows how to handle the tax on Internet sales on the local level, and suggested that the Council may want to provide input. Mr. McDaniel noted Internet sales are going to grow to the point that the City will have to consider them.

Mr. Wright stated that based on the State's rationale, Internet sales tax generates 1-1/2% on the State level that would result in approximately $277,000 to the City of Abilene.

Following Mr. Ashmore's conclusion of the audit report, Mr. Wright stated his appreciation to the Council and outgoing members for their contribution and commitment to the City.

Councilman Drennan stated his appreciation to Mr. Wright & Mrs. Whisenhunt for their openness and effectiveness.

Councilman Vasquez thanked Mr. Wright, stating he has learned a lot about finances in the years he has served on the Council.

Mayor Barr stated Councilman Beckham had some question on CDBG funding for Day Nursery of Abilene and Hope Haven.

Michael Morrison, Assistant City Manager, explained the Day Nursery of Abilene has raised their portion of funding and are ready to receive the City's funding. Hope Haven has not raised their portion of funding yet, and there are other issues for a homeless coalition, which indicates the City consider this funding at a later date.

Councilman Vasquez voiced his concerns that Hope Haven is not familiar with the process to follow to receive funding, but Day Nursery does know. The City should do everything it can to assist Hope Haven in getting them educated to that process.

Andy Anderson, Director of Community Development, stated staff is working with Hope Haven.

Mr. Morrison explained the funding process, and opportunities that will be offered through public hearings and participation. Mr. Morrison further noted that staff would recommend the year-end balances be added to the upcoming year and Council would act on that versus budgeting on any type of projections.

Councilman Vasquez moved to approve and accept the Financial and Investment Policies, the Comprehensive Annual Financial Report (CAFR) for FY 99, the audit report as presented and authorized the transfer of funds for the use of year end balance, as presented by staff. Councilman Drennan seconded the motion and the motion carried.

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

NAYS: None.

Mr. Wright presented the first quarter financial status and refe