The City Council of the City of Abilene, Texas, met in a Pre-Council Work Session on April 27, 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.

Mayor Barr announced that immediately following the Pre-Council Work Session, the City Council will move to the T&P Depot, 1101 North 1^st St., Abilene, Texas for a briefing from Chamber of Commerce President Charlie Dromgoole concerning the history and current condition of the Depot and that following the briefing, Council will tour the area, then reconvene at City Hall for the Regular Council meeting at 9:30 a.m. The Council briefly discussed various consent and regular agenda items. There being no further discussion, the Council moved to the T & P Depot for the previously mentioned briefing. Abilene Chamber of Commerce President Charlie Dromgoole briefed the Council on damage that has occurred to the T & P Depot and Everman Park as a result of numerous skateboarders utilizing the area. Council viewed damage to the front steps of the Depot, the sides of the building, the rails, and to the Santa Calls statue. Mr. Dromgoole noted the danger involved to their employees and visitors to the center as a result of the waxing of the steps. Mr. Dromgoole further noted danger to the skateboarders as they jump against the building and on the handicap rails and rails leading to the basement stairs. Mr. Dromgoole concluded, expressing concern of the staff of the Abilene Chamber of Commerce, Abilene Convention & Visitors Bureau, and the Abilene Cultural Affairs Council over the liability for injuries as well as the maintenance of the Depot and park. Mr. Dromgoole stated appreciation to Council for viewing the area and listening to the concerns. Following the briefing, Council recessed until 9:30 a.m. for the regular Council Meeting.

Mayor Barr reconvened the City Council of the City of Abilene, Texas, into Regular Session April 27, 2000, at 9:30 a.m. in the Council Chambers of City Hall.

Councilman Rob Beckham gave the invocation.

Melanie Wheeler, a fifth-grader from Johnston Elementary School, led the Pledge of Allegiance. Melanie was accompanied by her mother, Mrs. Wheeler.

Mayor Barr presented a proclamation for April 23-29, 2000 As "Home Educators Week".

Councilwoman Alexander moved to approve the minutes of the City Council Meeting held April 13, 2000, as printed. Councilman Vasquez seconded the motion and the motion carried.

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

NAYS: None.

Mayor Barr noted that at 11:15 a.m., it would be necessary for the Council to move to Agenda Item 4.7, for the report on the bids for the General Obligation Bond Sale in the amount of $5,000,000; and the Combination Tax and Revenue Certificates of Obligation Sale in the amount of $2,000,000. Projects financed by these sales include the Central Fire Station, Street and Traffic Improvements, Public Safety, and Park and Recreation Improvements.

Councilman Vasquez moved to approve consent agenda items 3.1 and 3.2, as recommended by the staff. Councilman Drennan seconded the motion and the motion carried.

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

NAYS: None.

1. Jeff Armstrong, Assistant Director of Community Development, briefed the Council on an appealed item, an Ordinance considered on second and final reading - Z-01100 - Rezone from RS-6 (Residential Single Family) to MH (Mobile Home) zoning district property located on the northeast corner of Hartford & Baker. The Planning & Zoning Commission and staff recommend denial.

Mayor Barr opened a public hearing, and there being no one present and desiring to be heard, the public hearing was closed.

Councilman Beckham moved to deny the request to rezone from Residential Single Family to Mobile Home zoning district property located on the northeast corner of Hartford & Baker, as recommended by the Planning and Zoning Commission and staff. Councilman Drennan seconded the motion and the motion carried.

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

NAYS: None.

The request was DENIED.

4.2 Jeff Armstrong, Assistant Director of Community Development, briefed the Council on an Ordinance considered on second and final reading - Z-01300 - Rezone from RS-6 (Residential Single-Family) to MH (Mobile Home) zoning district property located at 3542 Grape Street. The Planning & Zoning Commission recommends approval; staff recommends denial.

Mayor Barr opened a public hearing, and there being no one present and desiring to be heard, the public hearing was closed.

Councilman Vasquez moved to deny the request, as recommended by staff, to rezone from Residential Single-Family to Mobile Home zoning district property located at 3542 Grape Street, based on wanting to avoid setting a precedent which would not be beneficial to those who have made their homes in the area. Councilwoman Alexander seconded the motion and the motion carried.

AYES: Councilmen Vasquez, Drennan, Beckham, 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 - SNC-01600 - Street name change from Old Westbury Road to Willow Wood Drive. The Planning and Zoning Commission and staff recommend approval.

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

• Perry Stockard, 4404 S. Clack, proponent.

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

Councilman Drennan moved to approve the Ordinance for street name change from Old Westbury Road to Willow Wood Drive, as recommended by the Planning and Zoning Commission 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 11-2000 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 - TC-01700 - Thoroughfare abandonment of (1) all of Peppermill Lane from the north right-of-way line of Lynbrook Drive to the north line of Willow Wood Drive; (2) Willow Wood Drive from the east line of Peppermill Lane to the east line of Lot 1, Block G, Continuation 1, Section 1, Waterside at Wyndham; and (3) 28' alleys in Block B and Block C, Section 1, Waterside at Wyndham. The Plat Review Committee and staff recommend approval, SUBJECT TO: the streets be formally created as private streets; accessible utility and drainage easement be kept on all of the thoroughfares; fire apparatus access be maintained. The Planning and Zoning Commission recommends approval as stipulated by the Plat Review Committee and staff with the addition of the condition for protection for the two lots at the corner of Lynbrook Drive and Peppermill Lane whereby all maintenance on that portion of right-of-way be taken care of by the Waterside at Wyndham Home Owners Association.

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

• Perry Stockard, proponent, explained methods to allow emergency vehicles into gated community.
• Mark Smith, homeowner at 2442 Wynbrook, stated he originally had concerns, but it appears the gate placement will eliminate the problem.

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

Councilwoman Alexander moved to approve the Ordinance for thoroughfare abandonment of (1) all of Peppermill Lane from the north right-of-way line of Lynbrook Drive to the north line of Willow Wood Drive; (2) Willow Wood Drive from the east line of Peppermill Lane to the east line of Lot 1, Block G, Continuation 1, Section 1, Waterside at Wyndham; and (3) 28' alleys in Block B and Block C, Section 1, Waterside at Wyndham; SUBJECT TO: the streets be formally created as private streets; accessible utility and drainage easement be kept on all of the thoroughfares; fire apparatus access be maintained; protection for the two lots at the corner of Lynbrook Drive and Peppermill Lane whereby all maintenance on that portion of right-of-way be taken care of by the Waterside at Wyndham Home Owners Association; and compliance with Attachment A to Exhibit A, Agreement dated April 25, 2000 from Stockard Investments, Inc. and Waterside at Wyndham Homeowners Association, Inc. as amended by the City Attorney. 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 12-2000 and is captioned as follows:

4.5 Jeff Armstrong, Assistant Director of Community Development, briefed the Council on Z-01900 - Rezone from O (Office) to GC (General Commercial) zoning district property located at 5189 Texas Avenue. The Planning and Zoning Commission and staff recommend approval.

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

• William Carter, representative of Sage Broadcasting Corp., proponent.
• Scott Senter, marketer of the land.

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

Councilman Drennan moved to approve the Ordinance to rezone from Office to General Commercial zoning district property located at 5189 Texas Avenue, as recommended by the Planning and Zoning Commission and 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 13-2000 and is captioned as follows:

4.6 Larry Abrigg, Planner III, briefed the Council on Ordinances amending various sections of the Zoning Ordinance and the Abilene Municipal Code concerning the Landmarks Commission. Mr. Abrigg stated changes include:

Reduction in members and the make-up of the membership of the Landmarks Commission.

• The Abilene Register of Historic Properties is referenced in the ordinance for the first time even though the Commission in 1994 adopted it.

• Conservation districts have been added and there is reference to the 1999 Historic Preservation Plan.

• The procedure for designation for Historic Overlay Zoning has been clarified.

• Certificates of Appropriateness would have a six-month deadline for completion.

• Banner signs that do not require a permanent fastener would not require a permit.

• Repetitive statements concerning the work of a project and the detailed information from the Secretary of the Interior's Standards are eliminated.

• A few definitions are added.

Mr. Abrigg stated that in addition, Chapter 30 of the Abilene City Code should be changed to comply with the proposed ordinances to clarify procedures, and agree with the language in State Law. The Planning and Zoning Commission, Landmarks Commission, and staff recommend approval.

Mayor Barr opened a public hearing, and there being no one present and desiring to be heard, the public hearing was closed.

Councilman Brown moved to approve the Ordinances amending various sections of the Zoning Ordinance and the Abilene Municipal Code concerning the Landmarks Commission, as recommended by the Planning and Zoning Commission, Landmarks Commission, 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 14-2000 and is captioned as follows:

The Council took a five-minute break at 11:05 a.m., then moved to items 4.8 and 4.9 prior to the 11:15 a.m. award of bids item 4.7.

4.8 Councilman Brown moved to remove from the table Downtown Streetscape, Bid #CB-0027. Councilwoman Alexander seconded the motion and the motion carried.

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

NAYS: None.

Michael Morrison, Assistant City Manager, noted the streetscape master plan and downtown Abilene strategic action plan as previously approved by City Council includes target areas being considered today. Mr. Morrison reviewed for Council several segments of the proposed project, including upgrading downtown sidewalks, addition of trees, and rehabilitation of buildings. Mr. Morrison noted that although some parking spaces will be eliminated, compromises with downtown businesses have been made. Additional funding needed for the project was approved by the TIF board in the amount of $125,000 with the difference to be made up from the City's downtown concrete street repair fund.

Councilman Beckham stated approval of the downtown area being streetscaped, but voiced concerns over the cost of the plan and how the project is being financed.

Councilman Vasquez moved to approve the Downtown Streetscape, Bid #CB-0027 as recommended by the TIF Board and staff. Councilwoman Alexander seconded the motion and the motion carried.

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

NAYS: Councilman Beckham.

4.9 Linda Simpson, Assistant Director of Water Utilities, briefed the Council on an Oral Resolution approving the Tye/Abilene water line project. Ms. Simpson noted Abilene's participation to fund the oversizing of the 12" water line to a 16" water line would not exceed $83,942.00 and the line would enhance water pressures in the western part of Abilene. Staff recommends approval.

Councilman Vasquez moved to authorize the Water Utility Department to participate with the City of Tye in this project, as recommended by staff. Councilwoman Alexander seconded the motion and the motion carried.

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

NAYS: None.

4.7 Award of Bids 11:15 a.m.: David Wright, Director of Finance, assisted by Joe Smith of First Southwest Company, briefed the Council on Ordinances authorizing issuance of City of Abilene, Texas General Obligations Bonds, Series 2000, in the amount of $5,000,000; and Combination Tax and Revenue Certificates of Obligation, Series 2000, in the amount of $2,000, 000. Mr. Wright distributed to Council the tabulation of bids and noted some of the bids were received via the Internet.

Councilman Drennan moved to approve the bid from Morgan Keegan, with a true interest cost of 5.466391 percent; and to approve the Ordinance authorizing issuance of City of Abilene, Texas, General Obligation Bonds, Series 2000, in the amount of $5,000,000 as recommended by 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 16-2000 and is captioned as follows:

Councilman Vasquez moved to approve the bid from Morgan Keegan, with a true interest cost of 5.420291 percent; and to approve the Ordinance authorizing issuance of City of Abilene, Texas, Combination Tax and Revenue Certificates of Obligation, Series 2000, in the amount of $2,000,000 as recommended by 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 17-2000 and is captioned as follows:

5.0 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 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.

Councilman Drennan moved to approve Mayor Barr's appointments to the Landmarks Commission as follows: Pebbles Lee, historic property owner, term expiring 11/2002; Sherri Statler, historic property owner, term expiring 11/2000; Ruby Perez, Abilene Preservation League, term expiring 11/2001; Kathy Aldridge, Taylor County Historical Commission, term expiring 11/2001; Phil Miller, architect, term expiring 11/2000; Joy Jordan, Board of Realtors, term expiring 11/2002; Rick Weatherl, Construction Industry, term expiring 11/2002; Denny McFarland, Alternate At-Large, term expiring 11/2001; and Kevin Coleman, Alternate At-Large, term expiring 11/2000. Councilman Beckham seconded the motion and the motion carried.

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

NAYS: None.

5.4 The Resolution declaring the need for acquiring property to complete an alleyway between South 34^th and Buffalo Gap Road, was removed from the agenda.

5.5 Councilman Vasquez moved to approve by Oral Resolution the appointment of Megan Santee as Assistant City Attorney effective May 9, 2000, as recommended by City Attorney Sharon Hicks. Councilwoman Alexander 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 adjourned at 1:00 p.m.

Jo Moore, City Secretary

Grady Barr, Mayor