The City Council of the City of Abilene, Texas, met in a Pre-Council Worksession on July 27, 2000, at 8:30 a.m. in the Basement Conference Room of City Hall. Mayor Grady Barr was present and presiding with Councilmen Norm Archibald, Kris Southward, and Versie L. Brown, Jr. Also present were City Manager Roy McDaniel, City Attorney Sharon Hicks, City Secretary Jo Moore, and various members of the City staff. Councilmen Victor Carrillo and Rob Beckham, and Councilwoman Kay Alexander were absent.

City Manager Roy McDaniel distributed to the Council copies of the Buffalo Gap Road Corridor Study and the Overlay Zone Section from the Code, tax roll and tax publication information, and the Region G water plan. Jeff Armstrong, Assistant Director of Community Development, briefed the Council on the corridor study and overlay zone explaining the purpose of the study and zone and the public and property owners involvement in their development. Mr. McDaniel stated he feels the study is flexible and can still be followed. The Council briefly discussed various consent and regular agenda items. There being no further discussion, the meeting was recessed to the City Council Chambers 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 July 27, 2000, at 9:00 a.m. in the Council Chambers of City Hall.

Councilman Versie L. Brown, Jr., gave the invocation.

Brooke Zachry, 6^th grader from Wylie Middle School, led the pledge of Allegiance. Brooke was accompanied by her mother, Debra Zachry, who is employed in Accounting; sister Brittany and grandfather, Bob Lindley, City Engineer.

There being no additions or deletions to the minutes of the Pre-Council Session and Regular City Council Meeting held July 13, 2000, Councilman Southward moved to approve the minutes as printed. Councilman Archibald seconded the motion and the motion carried.

AYES: Councilmen Archibald, Southward, Brown, and Mayor Barr.

NAYS: None.

Councilman Brown moved to approve second and final reading of consent agenda item 3.1, and approval of item 3.2 as recommended by staff. Councilman Southward seconded the motion and the motion carried.

AYES: Councilmen Archibald, Southward, Brown, and Mayor Barr.

NAYS: None.

1. Ordinance amending Chapter 18, "Motor Vehicles and Traffic", of the Abilene Municipal Code.

The Ordinance is numbered 27-2000 and is captioned as follows:

AN ORDINANCE AMENDING CHAPTER 18, "MOTOR VEHICLES AND TRAFFIC", OF THE ABILENE MUNICIPAL CODE, BY AMENDING CERTAIN SECTIONS AS SET OUT BELOW; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING A PENALTY.

Resolutions

2. Oral Resolution authorizing City Manager to execute a collaborative agreement to participate with the Texas Association of Local Health Officials in seeking grant approval.

4.1 Richard Gertson, Director of Community Development, briefed the Council on a Resolution approving FY2000-2005 Consolidated Plan/FY 2000-2001 One-Year Action Plan for the Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) Programs. Staff recommends approval. Mr. Gertson then introduced Kelly Cheek, Community Development Specialist, who briefed the Council on the specifics of funding and entitlements, requests from organizations, and use of funds. Mr. Cheek stated organizations not funded were United Way, Just People, and Goodwill Industries.

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 Archibald made a motion to approve the Resolution approving the FY2000-2005 Consolidated Plan/FY 2000-2001 One-Year Action Plan for the Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) Programs, as recommended by staff. Councilman Southward seconded the motion and the motion carried.

AYES: Councilmen Archibald, Southward, Brown, and Mayor Barr.

NAYS: None.

The Resolution is numbered 22-2000 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-03200 - Rezone from GC (General Commercial) to MH (Mobile Home) zoning district property located in the 3000 block of F. M. 2404 (Old Anson Road). The Planning and Zoning Commission and staff recommend approval but staff does not encourage further Mobile Home rezoning in the General Commercial area that would front on an arterial street.

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.

Mayor Barr noted staff's recommendation and questioned how it would be implemented. Mr. Armstrong replied the size and isolated nature of the lot is such that it's use for a mobile home would not violate the spirit and intent of the location policy but staff would not recommend approval for a larger number of lots.

Councilman Archibald moved to approve the Ordinance to Rezone from GC (General Commercial) to MH (Mobile Home) zoning district property located in the 3000 block of F. M. 2404 (Old Anson Road), as recommended by staff and the Planning and Zoning Commission. Councilman Brown seconded the motion and the motion carried.

AYES: Councilmen Archibald, Southward, Brown, and Mayor Barr.

NAYS: None.

The Ordinance is numbered 28-2000 and is captioned as follows:

4.3 Jeff Armstrong, Assistant Director of Community Development, briefed the Council on an Ordinance considered on second and final reading Z-03300 - Rezone from RM-3 (Residential Multi-Family) to LC (Limited Commercial) zoning district property located at 1202 and 1210 Cherry, noting the limited commercial district would be a good transition between industrial and residential area. The Planning and 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 Southward moved to approve the Ordinance to Rezone from RM-3 (Residential Multi-Family) to LC (Limited Commercial) zoning district property located at 1202 and 1210 Cherry. Councilman Archibald seconded the motion and the motion carried.

AYES: Councilmen Archibald, Southward, Brown, and Mayor Barr.

NAYS: None.

The Ordinance is numbered 29-2000 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-03600 - Rezone from HI (Heavy Industrial) to PDD (Planned Development) zoning district property located on Arnold Blvd., south of I-20. The Development Corporation of Abilene is developing the Industrial Park. The Planned Development District provides for controls that are intended to preserve the quality of the park and is designed to allow for industrial and associated uses with substantial aesthetic and design controls. The Planning and Zoning Commission and staff recommend approval.

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

• Bruce Bixby, resident of Abilene, opposed the request stating private enterprise is impacted by Council decisions. DCOA in leasing property for $1.00 per year does not allow private enterprise to work and DCOA should not be allowed to become a major developer or competitor to private enterprise. To achieve economic development with DCOA an incentive package should be presented to desired businesses.
• Kenneth Musgrave, 3051 Hwy 351, opposed to request and against other three business parks. DCOA is in direct competition with Abilene citizens and is building a 100,000 sq. ft. spec. building without a prospect and without water to handle current needs. Mr. Musgrave recommended, to unite the community, city committees be made up of different sectors of the community. He urged Council to deny the request and not risk the possibility of a referendum election rescinding ½ cent sales tax and causing further dissension. Voters may change ½ cent sales tax classification to 4b, which would enable DCOA to use funds for a pipeline, tourism, etc. DCOA and City Council could consider allowing the PDD but restrict it to industrial and manufacturing only and land should be sold at market value. If the item is tabled it would give an opportunity for citizens to meet with DCOA about their concerns.

• Bailey Choate, 22 Hoylake, stated the request presents some infringement on citizens, recommended Council table item for 60 days.
• Bill Brabbin, 2809 Lynbrook Dr., serves on Big Country, State and National Board of Builders, stated he as a board member and the State Homebuilders are concerned about the request and asked Council to table item for 60 days.
• Dale Ferguson, a former mayor, concerned with possibility of pornographic establishments going into the Industrial area and asked Council to check on that.
• Gary Glen, 110 Ingram Ln., opposed to more industry right now, water issues need to be addressed, against the 100,000 sq. ft spec. building, more people needed to fill job vacancies not more jobs to steal employees from existing jobs, and is concerned about the loss of the race track.
• Janie Propst, Mesquite Ln., President of the Rotary Club, opposed to request because of ramifications, private industry will suffer, City Council should table request, not much to see in Abilene but Abilene is hospitable.
• H.G. Henderson, 502 Ash, concerned that approval of request will lead to encroachment of government on property owners, small businesses can't compete.

City Manager Roy McDaniel briefed the Council on the history of Tax Zoning Laws and Planned Development Districts stating PDD's give Council's control and more flexibility and that Abilene is not as strict as many cities, but we are seeing high quality industrial districts without setting specifics. Mr. McDaniel stated he highly approves of Planned Development Districts.

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

Council and staff's discussion included; every PDD having it's own regulating ordinance and this request being aimed for industrial uses, many uses are permissible under the current zoning and this request is much more "use wise" restrictive, Council stated support of DCOA, PDD's can be amended by the Council, companies within the park could be accommodated with ancillary uses, issue before Council today concerns zoning and DCOA could proceed whether zoning request is approved today or not, PDD zoning can prohibit pornographic establishments, concerns over city being in competition with private industry separate issue from today's request, and no repercussions to construction of spec. building would occur if item is tabled today.

Mayor Barr made a motion to table the Ordinance to rezone from HI (Heavy Industrial) to PDD (Planned Development) zoning district property located on Arnold Blvd., south of I-20. Councilman Southward seconded the motion and the motion carried.

AYES: Councilmen Archibald, Southward, Brown, and Mayor Barr.

NAYS: None.

There being no further 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, and to consider the purchase, exchange, lease, or value of real property, and to consider the appointment and evaluation of public officers.

Following the executive session, Council reconvened into open session and reported no action was taken in executive session.

5.1 Councilman Brown moved to approve Mayor Barr's appointments of Eddie Hodges to the Senior Citizens Board, term expiring 5/2002 and Kenneth Shuler to the Human Relations Committee, term expiring 5/2001. Councilman Archibald seconded the motion and the motion carried.

AYES: Councilmen Archibald, Southward, Brown, and Mayor Barr.

NAYS: None.

5.4 City Manager Roy McDaniel briefed the Council on a Resolution electing a member to fill a vacancy on the Board of Directors of the Central Appraisal District of Taylor County. Mr. McDaniel stated staff recommends Council cast 1017 votes for Betty Ray.

Councilman Archibald moved to approve the Resolution casting 1017 votes to elect Betty Ray to fill a vacancy on the Board of Directors of the Central Appraisal District as recommended by staff. Councilman Southward seconded the motion and the motion carried.

AYES: Councilmen Archibald, Southward, Brown, and Mayor Barr.

NAYS: None.

The Resolution is numbered 23-2000 and is captioned as follows:

There being no further business, the meeting was adjourned at 12:10 p.m.

Jo Moore, City Secretary

Grady Barr, Mayor