The City Council of the City of Abilene, Texas, met in a Pre-Council Work Session on February 24, 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 and Versie L. Brown, 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.

The Council briefly discussed various consent and regular agenda items. Councilman Vasquez stated he would abstain on Item 3.5, Forrest Hill road paving, Bid #CB-0024 due to his employment with Hendrick Medical Center. David Wright, Director of Finance, reviewed the Capital Improvement Program and projects for the Certificates of Obligation sale. Mr. Wright noted if the projects are approved, April 27, 2000 will be set as the sale date. Roy McDaniel, City Manager, stated the first Council action in this process will take place on March 9, when a Resolution will be before the Council directing the publication of Notice of Intention to Issue Certificates of Obligation, Series 2000. Andy Anderson, Director of Community Development, outlined the proposed schedule on various projects. Councilman Vasquez discussed the need for repairs to Ambler Street with staff, stating he wants to move plans for the Ambler improvements up if possible. Mr. Wright informed Council that the total Ambler project was originally set for 2001, but now 2001 will be the first phase, and the second phase will occur in 2002. Councilman Vasquez stated he has an issue with Ambler Street not being repaired because it is a west-to-east connection, and also connects to the University and generates heavy traffic to the interstate. Mr. Vasquez further stated the Ambler construction was originally in the 2000 budget and needs to be addressed. Mayor Barr asked Mr. Anderson to stay focused on the Ambler Street project and see that it gets completed in a reasonable and prudent manner. 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 February 24, 2000, at 9:00 a.m. in the Council Chambers of City Hall.

Councilman Rob Beckham gave the invocation.

Pledge of Allegiance was led by Albert Cisneros, fifth grader at Crockett Elementary. Albert?s school principal, Mr. Stovall, was also in attendance.

Mayor Barr presented a proclamation for March 6-10 as Public School Week.

There being no corrections, additions, or deletions to the minutes of the February 10, 2000 Pre-Council, Council, and Financial Worksession minutes, Councilman Vasquez 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 Drennan moved to approve consent agenda items 3.1 through 3.6, as recommended by the staff. Councilman Brown seconded the motion and the motion carried.

AYES: Councilmen Vasquez (abstaining on Item 3.5 only), Drennan, Beckham, Brown, Councilwoman Alexander, and Mayor Barr.

NAYS: None.

ABSTAIN: Councilman Vasquez on Item 3.5 only, due to his employment with Hendrick Medical Center.

1. Oral Resolution approving appointment and reappointments to the Technology Committee as follows:

Appoint: Craig McCarty, term expiring 11/2002.

Reappoint: Don Harrison, Candice Chandler Jordan, and Scott Smith, terms expiring 11/2002.

2. Resolution providing for waiver of an application for grant funds from the Criminal Justice Division of the Governor of the State of Texas.

The Resolution is numbered 4-2000 and is captioned as follows:

A RESOLUTION PROVIDING FOR WAIVER OF APPLICATION FOR GRANT FUNDS FROM THE CRIMINAL JUSTICE DIVISION OF THE OFFICE OF THE GOVERNOR OF THE STATE OF TEXAS.

3. Resolution providing for approval of application for grant funds from the State of Texas for a selective traffic enforcement program.

The Resolution is numbered 5-2000 and is captioned as follows:

A RESOLUTION PROVIDING FOR APPROVAL OF APPLICATION FOR GRANT FUNDS FROM THE STATE OF TEXAS FOR A SELECTIVE TRAFFIC ENFORCEMENT PROGRAM.

4. Resolution authorizing reorganization of Abilene Higher Education Authority, Inc. (AHEA).

The Resolution is numbered 6-2000 and is captioned as follows:

RESOLUTION OF THE CITY OF ABILENE, TEXAS, REGARDING THE ABILENE HIGHER EDUCAITON AUTHORITY AND ITS CHANGE OF STATUS UNDER SECTION 53.47(e) OF THE TEXAS EDUCATION CODE.

Bid Awards

5. Forrest Hill road paving, Bid #CB-0024. The bid was awarded to Bontke Brothers Construction Company of Abilene, Texas, for unit prices bid with an estimated construction cost of 253,305.65, as recommended by staff.
6. Reconstruction of intersection at Ambler Avenue and Mockingbird Lane, Bid #CB-0026. The bid was awarded to Epic Construction Company of Abilene, Texas, for unit prices bid with an estimated construction cost of 185,484.55, as recommended by staff.

4.1 Report on Skateboard activities. Dr. Jimmy McNeil, coordinator for the skateboard park citizens group, briefed the Council on the group?s fundraising activities during the past year. Dr. McNeil noted the difficulty in organizing the group with no central location to operate from, and with parental support not being as strong as for other youth activities. Dr. McNeil further noted approximately $28,000 had been raised toward the group?s $40,000 portion of the total $150,000 projected cost, and that he hoped within a few weeks additional funding would place the groups portion at over $30,000.

City Manager Roy McDaniel stated he had received complaints concerning the damage being caused by the skateboarders who have recently returned to downtown. Dr. McNeil stated the skateboarders would be asked to stay off of certain areas in the downtown area.

Council and staff discussion included: the basic minimum needs of the project, the possibility of doing the project in stages and/or adding to the project, corporate involvement, and project construction time. Further discussion included noting the Parks Board?s support of the project, their possible further review or additional recommendations and that funding decisions need to remain with the council. Appreciation was expressed to Dr. McNeil for his dedication to the project and support of the young people involved was noted.

Increasing the City?s portion of the project from $110,000 to $120,000 was discussed and staff was directed to bring back a funding recommendation at the next council meeting.

4.2 Jeff Armstrong, Assistant Director of Community Development, briefed the Council on an Ordinance considered on second and final reading - SNC-00200 - Street name change from Vapor Trail to Veterans Drive. The Planning and 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:

• Samuel F. Gregory, 1434 N. Willis, chair of the 100^th year anniversary of the VFW. Mr. Gregory stated that renaming the street will provide honor to those that have served, currently serve, and will serve in the future.

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

Councilwoman Alexander moved to approve the Ordinance for Street name change from Vapor Trail to Veterans Drive, as recommended by staff. Councilman Brown seconded the motion and the motion carried.

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

NAYS: None.

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

3. Jeff Armstrong, Assistant Director of Community Development, briefed the Council on an Ordinance considered on second and final reading - TC-00300 - Thoroughfare abandonment of a 20.75? north-south alley located in the 3000 block of South 10^th Street. The Planning and Zoning Commission, Plat Review Committee, and staff recommend approval.

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

• Bob Denison, realtor, representing the proponents.

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

Councilman Vasquez moved to approve the Ordinance for Thoroughfare abandonment of a 20.75? north-south alley located in the 3000 block of South 10^th Street, as recommended by the Planning & Zoning Commission, Plat Review Committee, and staff. Councilwoman Alexander seconded the motion and the motion carried.

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

NAYS: None.

The Ordinance is numbered 4-2000 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 - Z-00500 - Rezone from AO & HC (Agricultural Open Space & Heavy Commercial) to GC (General Commercial) zoning district located at 401 Loop 322. The Planning and 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:

• Kevin Burton, agent for the proponent, 550 E. N. 10^th.

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

Councilman Brown moved to approve the Ordinance Rezone from AO & HC (Agricultural Open Space & Heavy Commercial) to GC (General Commercial) zoning district located at 401 Loop 322, 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.

The Ordinance is numbered 5-2000 and is captioned as follows:

4.5 Jeff Armstrong, Assistant Director of Community Development, briefed the Council on an Ordinance - Z-00600 - Rezone from RM-1, RS-6, LC, and O (Residential Multi-Family, Residential Single Family, Limited Commercial, and Office) to RM-2 (Residential Multi-Family) zoning district located on Rebecca Lane between Southwest Drive and Hwy. 277. The Planning and Zoning Commission and staff recommend approval of RS-6 and RM-1 portions only. Mr. Armstrong stated the change and reduction in the area to be rezoned was made with agreement from the applicant and that the proposed rezoning is in compliance with the Southwest Area Land Use Plan of 1993.

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

• Tom Niblo, representing the seller and Hunt Building Corporation.

Councilman Vasquez moved to approve the Ordinance to rezone from RM-1 and RS-6 (Residential Multi-Family and Residential Single Family) to RM-2 (Residential Multi-Family) zoning district located on Rebecca Lane between Southwest Drive and Hwy. 277, as recommended by Planning & Zoning Commission and staff. Councilman Beckham seconded the motion and the motion carried.

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

NAYS: None.

The Ordinance is numbered 6-2000 and is captioned as follows:

4.6 Report from Citizens Review Committee on Drought Contingency Plan; discussion/action on First Reading of amendment to Drought Contingency Plan Ordinance, possible action on setting public hearing for March 9, 2000 at 9:00 a.m. for second and final reading.

Dwayne Hargesheimer, Director of Water Utilities, introduced Linda Simpson, Assistant Director of Water Utilities. Ms. Simpson thanked the Citizens? Review Committee for their work on the Drought and Emergency Contingency Ordinance. Ms. Simpson stated Mayor Barr had asked the Committee to review the ordinance, given the supply limitation of 30 MGD which can be brought from Lake Hubbard, to see if there is a way the community can continue to use sprinklers as the city moves into more stringent phases of the ordinance.

Ms. Simpson then introduced Kathy Webster, chair of the Citizens Review Committee. Following a review of the history of the drought in Abilene and the current water situation, Ms. Webster stated the Committee?s goal is to discourage water waste. Ms. Webster reviewed the proposed revisions to the ordinance which included allowing residents to sprinkle their lawns once every two weeks, changes to the minimum criteria in the activation of different drought contingency stages, expanding the ordinance to include an additional stage where the city would enter phase 3 if more than 30 million gallons of water were used for two straight days or if Ft. Phantom dropped to 20 feet below the spillway. Ms. Webster further stated the only recommended change to the water/sewer rates which will go into effect 3-1-00 is to eliminate the commercial charge of over 15,000 gallons: $2.11 per 1,000.

The Council discussed the following: concerns over the long term water supply, anticipating the contingency plan to be effective through the rest of this year, reviewing the ordinance again next year if the drought continues, changing the number of days in the recommended additional stage (stage 3) from two straight days to three straight days in order to give the public ample notification, areas in which the plan will affect golf courses, clarifying under the "Application" section of the ordinance that the water use restrictions do not apply to water wells, and sending a clear message to the public that water usage will be monitored and more restrictive stages will be implemented if necessary.

Mayor Barr emphasized to staff the need to communicate to the entities and municipalities that purchase water from Abilene the necessity for them to have in place and to enforce the same restrictions as Abilene?s. Mayor Barr directed staff to prepare, for the March 9, 2000 council meeting, a report concerning enforcing restrictions on these entities and municipalities. Council requested charts be provided showing the water use in the outside areas.

Council stated appreciation to Ms. Webster and the Citizens Review Committee and commended them on their leadership.

Councilman Drennan made a motion to approve the report from the Citizens Review Committee on the Drought Contingency Plan including eliminating the commercial water/sewer rate of over 15,000 gallons at $2.11 per 1,000 effective 3-1-00, approve the first reading of the amendment to the Drought Contingency Plan Ordinance to include changing the number of days in the additional stage (stage 3) from two straight days to three straight days and set a public hearing for March 9, 2000 at 9:00 a.m. for second and final reading. Councilman Beckham seconded the motion and the motion carried.

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 for deliberation regarding real property.

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

5.1 Councilman Vasquez moved to approve Mayor Barr?s reappointments of Jo Moore and Roy McDaniel as the cities? representatives to the 9-1-1 Emergency Communications District Board of Managers, terms expiring 2/2002. Councilman Drennan seconded the motion and the motion carried.

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

NAYS: None.

There being no further business, the meeting was recessed to the Joint Workshop of the Abilene City Council, Planning & Zoning Commission, Board of Adjustment, and Board of Building Standards in the Auditorium at the Abilene Public Library, 202 Cedar.

Council reconvened in the Auditorium at the Abilene Public Library for the Joint Workshop of the City Council, Planning and Zoning Commission, Board of Adjustment, and Board of Building Standards, for discussion and possible action concerning critical issues with regard to land development and building construction in Abilene.

Board members and others present:

Planning & Zoning Commission: Jack Harkins, J. V. Johnson, Jeff Luther, Tim Rice McClarty, Floyd Miller, Neomia Banks

Board of Adjustment: Tom Niblo, Gilbert Rodriguez, Wayne Bradshaw, Dave Haigler, Eddie Boykin, Wes Ratliff

Board of Building Standards: Tommie Harendt, Terry Williams, Bruce Bixby, Don Faulkner, Kirby Leeson, Dan Nasser, Tino Martinez, Paige Gollihar, Betty Blazier-Bradley

Staff: Cassie Hughes, Ed Williams, Kathy Merrill, James Condry, Roy McDaniel, Sharon Hicks, Jeff Armstrong, Andy Anderson, Jo Moore, Dan Santee, Gary Scott, Margaret Turner, Michael Morrison, Shawn Lewis, Sarah Hannah, and Debbie Hurley.

Others: Samuel Segrist, Abilene Reporter-News and Norm Archibald, citizen - Hendrick Medical Center.

Mayor Barr thanked everyone for attending the workshop, and for their service on their respective boards.

City Manager Roy McDaniel stated the purpose for the workshop today is to open the lines of communication, but that decisions are not expected today. Mr. McDaniel further stated within the next 60 days after the boards have reviewed the input from today?s workshop, solutions and/or decisions should be reached.

Sharon Hicks, City Attorney, gave an overview of the laws the Council and boards function under, which included the City Charter, sections of the City Code, the Zoning Ordinance, and State and Federal laws.

Mayor Barr introduced facilitators Angie Brenton, Dean of ACU Graduate School, and Denise Hamilton, Manager of Training & Employee Development for the City of Abilene.

Dr. Brenton briefed participants on the workshop?s objectives, which included discussing the impact of board decisions; examining the appeal process; exploring the interrelationship of City Council, Development boards, City of Abilene staff, Abilene development community, and citizens; identifying and discussing critical issues relative to each board, and a process to address the critical issues. Dr. Brenton stated in two months this group can reconvene to make recommendations concerning the critical issues identified today. The following are critical issues identified under the Planning and Zoning Commission:

1. Why does the Council make different decisions than recommended by Planning and Zoning?

• The City Council receives more input from the public
• The Council may consider the history (prior decisions) in relationship to the case at hand
• The Council may have access to additional information
• Plans may actually change in the period between the first and second hearing
• The City Council is elected, while the Planning and Zoning Commission appointed. This necessitates a different level of responsiveness to the community.
• Reasonable people can still disagree

1. What principles should guide the rewrite of the zoning ordinance?

• The general consensus was that this was agreed upon- simplicity, flexibility, sensitivity.

1. How can the zoning process be expedited? (Plats/ process)
2. What positive and negative impacts result from our current liquor ordinance?
3. Do our extraterritorial jurisdiction requirements protect the City against problems that develop during annexation?
4. How should we approach land left vacant?

• Should current zoning prevail or owner interest for rezoning be considered?
• Should this be evaluated on a case by case basis or should general guidelines be developed?

1. How should information (reactions and opinions) of affected public be processed, evaluated and weighted in zoning cases?

• Immediately affected area
• Citizens as a whole

1. Should there be alternate members?
2. What is the reason for a super majority of the City Council on zoning cases? Answered by Sharon Hicks, City Attorney. See Loc. 211.006.
3. What is the philosophy of development that guides our policies and procedures in Abilene?
4. Can we schedule and plan public meetings affecting zoning to maximize public participation (i.e. evening meetings)?

1. If a change is made to any case after it has been denied by Planning and Zoning prior to being presented to the City Council, should that case be remanded to Planning and Zoning?
2. When a case denied by Planning and Zoning is being considered by the City Council, should a Planning and Zoning member attend the City Council meeting to provide the rationale for the decision made by Planning and Zoning??
3. How can sufficient input be obtained from all related/impacted parties when an ordinance is being revised?
4. Identify and make recommendations about issues surrounding liquor ordinances.
5. Should the current approach to ETJ be changed?

Council took a 10-minute break at 1:05 p.m. Upon Council?s reconvening, Denise Hamilton reviewed the Board of Adjustment critical issues as follows:

1. What constitutes a hardship?
2. Do the carport restrictions need to be changed?
3. Is there a misconception between the City staff and the Board as to what a "staff recommendation" means?
4. Does the Board have a differing understanding as to the appropriate use of special exceptions?
5. Should the staff be empowered to screen out cases/ appeals that are currently coming to the Board for review?
6. Can neighborhood specific policies be written regarding carports?
7. How does the carport issue need to be considered in relationship to the overall long-term community plan?

1. The term hardship must be fully defined both in terms of what is a hardship and what is not a hardship.
2. The carport policies should be examined and the following issues explored:

• Neighborhood-specific codes
• Zoning changes
• Removal of this issue from the Board of Adjustment to Planning and Zoning

1. Staff?s role must be clearly defined. The option of using staff to screen out cases should be fully investigated.

1. What type of Building Code do we want?
2. What type of enforcement do we expect from staff?
3. How much latitude do we allow staff?
4. What constitutes a reasonable effort by a property owner to comply during a condemnation process?
5. Should we continue to require contractor registration?

1. How much should Abilene vary from the Universal/International Code? What are the ramifications of altering the code (RE: FEMA, insurance rates, etc.)?
2. Should proof of a minimum standard of progress in the repair process be required to justify an extension pending demolition?
3. What liabilities/responsibilities does the City face in terms of the safety of these condemned properties?
4. Should there be different extension practices established for homeowners vs. investors? How should an investor who is repeatedly on the condemnation list (with different properties) be handled?
5. Are there community groups that could be identified and encouraged to aid in the refurbishment of condemned properties?
6. How can building code revisions be better communicated to architects, engineers, builders and contractors?

• Method of Voting- Should it be a secret ballot or an oral vote?

• Is there a need for the pre-meeting? How is that pre-meeting conducted? Does the public have the perception that decisions in the pre-meeting before the actual hearing is held? Does this erode public confidence in their ability to impact the decisions of the Board?
• Should some rationale for a decision be presented for each case in the public hearing even if the case was discussed in detail in the pre-meeting?
• Can meetings be scheduled in a way to maximize public participation?

1. Is there a clear vision? Is it a communicated vision?
2. How is the need for a planned safe community balanced with the rights of the individual property owner?
3. How can the need for flexibility be balanced with the need for consistency?
4. How are the needs of the current citizenry of Abilene balanced with the needs of the citizenry of 2020 and beyond? Does our decision making process respond to the needs of today as well as the needs of tomorrow?
5. How do we want our customer base to feel about Abilene? What characteristics do we want ascribed to the development process from the perspective of:

• Individual citizens
• Neighborhoods
• Current Abilene citizens
• Local development community
• National development community
• Future Abilene citizens

1. What standard should we use when customizing the building code to Abilene? Should the standards and regulations adopted for the City of Abilene be equal with, lower than, or higher than communities of similar size and makeup?

Dr. Brenton concluded, stating the summary of action items will be given to the board they apply to, and in 60 days all participants would regroup and submitted recommendations would be reviewed.

There being no further business, the meeting was adjourned at 2:05 p.m.

Jo Moore, City Secretary

Grady Barr, Mayor