The City Council of the City of Abilene, Texas, met in a Pre-Council Work Session on August 24, 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, Victor Carrillo, 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.

Roy McDaniel, City Manager, introduced Charlotte Roy, Animal Control Superintendent, who briefed the Council on the Animal Control Division functions. Ms. Roy distributed to and reviewed with the Council a Community Services/Animal Control Division handbook, which included the division's mission statement, adoption process, complaint calls, euthanasia program, quarantines, trappings, cremations, free dog dip program, and education program. Following Ms. Roy's presentation, Mr. McDaniel stated that agenda Item 4.2 would be moved to the first item on the Regular agenda if Council has no objections, due to the fact that the proponent has a funeral to attend. Mr. McDaniel further stated that Item 4.1 no longer requires a super majority vote for approval, and Item 4.4 can be approved for limited commercial or general commercial. 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 August 24, 2000, at 9:00 a.m. in the City Council Chambers of City Hall.

Councilman Norm Archibald gave the invocation.

Pledge of Allegiance was led by Abby Atwood, 5th grader at Allie Ward Elementary. Abby was accompanied by her mother, Jill Atwood.

Mayor Barr presented a Proclamation for August 24 as "Shinik Hahm Day".

DISPOSITION OF MINUTES

Councilman Beckham moved to approve the minutes of the August 10, 2000 Pre-Council and Council Meeting as printed. Councilman Southward seconded the motion and the motion carried.

AYES: Councilmen Archibald, Southward, Carrillo, Beckham, Brown, Councilwoman Alexander, and Mayor Barr.

NAYS: None.

Councilman Brown moved to approve consent agenda items 3.1 through 3.5. Councilwoman Alexander seconded the motion and the motion carried.

AYES: Councilmen Archibald, Southward, Carrillo, Beckham, Brown, Councilwoman Alexander, and Mayor Barr.

NAYS: None.

RESOLUTIONS

1. Resolution approving an agreement with the Texas Department of Transportation for the pavement rehabilitation project on Mockingbird and Barrow Streets from S. 3^rd Street to S. 14^th Street.

The Resolution is numbered 24-2000 and is captioned as follows:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ABILENE, TEXAS, AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE STATE FOR A PAVEMENT REHABILITATION PROJECT ON MOCKINGBIRD/BARROW.

2. Resolution appointing a hearing officer and authorizing the Mayor to execute an Approval of Highest Elected Official form for a loan agreement by the City of Tatum, Texas Higher Education Facilities Corporation for McMurry University.

The Resolution is numbered 25-2000 and is captioned as follows:

APPOINTING A HEARING OFFICER IN CONNECTION WITH THE ISSUANCE OF OBLIGATIONS BY THE CITY OF TATUM, TEXAS HIGHER EDUCATION FACILITIES CORPORATION FOR THE BENEFIT OF McMURRY UNIVERSITY AND AUTHORIZE THE MAYOR OF THE CITY OF ABILENE TO APPROVE CERTAIN MATTERS AS REQUIRED BY SECTION 147(f) OF THE INTERNAL REVENUE CODE.

3. Oral Resolution authorizing the Mayor to execute a street use license request from Hardin-Simmons University to control vehicular access on Simmons Avenue for all football games during the 2000 football season.
4. Oral Resolution approving the donation of Fire Boosters 4, 5, and 8 to Taylor County to be distributed to volunteer fire departments.
5. Oral Resolution approving the 9-1-1 Emergency Communications District revised FY 1999/00 and proposed FY 2000-01 budgets.

Mayor Barr announced that agenda Item 4.2 would be moved to the first item on the Regular agenda.

4.2 Richard Gertson, Director of Community Development, briefed the Council on an Ordinance considered on second and final reading - TC-03800 - Thoroughfare abandonment of a 20' north-south alley located between South 2^nd (abandoned) and South 3^rd Streets. The Plat Review Committee, Planning & Zoning Commission and staff recommend approval subject to (1) the alley being retained the entire length and width of the alley as an open utility and drainage easement, and (2) an easement to allow Refuse Department access to refuse containers in the alley.

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

Councilman Archibald moved to approve the Ordinance for thoroughfare abandonment of a 20' north-south alley located between South 2^nd (abandoned) and South 3^rd Streets subject to (1) the alley being retained the entire length and width of the alley as an open utility and drainage easement, and (2) an easement to allow Refuse Department access to refuse containers in the alley, as recommended by the Plat Review Committee, Planning & Zoning Commission and staff. Councilman Southward seconded the motion and the motion carried.

AYES: Councilmen Archibald, Southward, Carrillo, Beckham, Brown, Councilwoman Alexander, and Mayor Barr.

NAYS: None.

The Ordinance is numbered 31-2000 and is captioned as follows:

4.1 Jeff Armstrong, Assistant Director of Community Development, briefed the Council on an Ordinance considered on second and final reading - Z-03700 - Rezone from SC (Shopping Center) to GC (General Commercial) zoning district property located in the 3600 block of North 6^th Street. The Planning & Zoning Commission and staff recommend approval. Mr. Armstrong noted a super majority vote of the Council to approve the item is no longer required, due to the written withdrawal of two of the protests.

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

• Paul Johnson, agent for the proponent, 3161 S. 23^rd, addressed the high quality of the self-storage warehouse to be built if the request is approved. Mr. Johnson stated the land has been vacant a long time and that this will be a good use of the property, as well as being an approximate 11/2 million-dollar investment in Abilene.

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

Councilwoman Alexander moved to approve the Ordinance to rezone from SC (Shopping Center) to GC (General Commercial) zoning district property located in the 3600 block of North 6^th Street as recommended by the Planning & Zoning Commission and staff. Councilman Brown seconded the motion and the motion carried.

AYES: Councilmen Archibald, Southward, Carrillo, Beckham, Brown, Councilwoman Alexander, and Mayor Barr.

NAYS: None.

The Ordinance is numbered 32-2000 and is captioned as follows:

4.3 Jeff Armstrong, Assistant Director of Community Development, briefed the Council on Z-03900 - Rezone from SC (Shopping Center) to CU (College-University) zoning district property located at 1626 Campus Court and RS-8 & CU (Residential Single Family & College-University) to CU (College-University) zoning district properties located in the 1600-1700 block of North Judge Ely Blvd. The Planning & Zoning Commission and staff recommend approval.

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

Councilman Beckham moved to approve the Ordinance to rezone from SC (Shopping Center) to CU (College-University) zoning district property located at 1626 Campus Court and RS-8 & CU (Residential Single Family & College-University) to CU (College-University) zoning district properties located in the 1600-1700 block of North Judge Ely Blvd. as recommended by the Planning & Zoning Commission and staff. Councilman Carrillo seconded the motion and the motion carried.

AYES: Councilmen Archibald, Southward, Carrillo, Beckham, Brown, Councilwoman Alexander, and Mayor Barr.

NAYS: None.

The Ordinance is numbered 33-2000 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-04000 - Rezone from O (Office) to LC (Limited Commercial) zoning district property located at 2625 Barrow. Mr. Armstrong stated the original request was to rezone to GC (General Commercial), but the applicant is in agreement with the more restrictive zoning to LC (Limited Commercial). The Planning & Zoning Commission and staff recommend approval.

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

Councilwoman Alexander moved to approve the Ordinance to rezone from O (Office) to LC (Limited Commercial) zoning district property located at 2625 Barrow as recommended by the Planning & Zoning Commission and staff. Councilman Brown seconded the motion and the motion carried.

AYES: Councilmen Archibald, Southward, Carrillo, Beckham, Brown, Councilwoman Alexander, and Mayor Barr.

NAYS: None.

The Ordinance is numbered 34-2000 and is captioned as follows:

4.5 Jeff Armstrong, Assistant Director of Community Development, briefed the Council on Z-04300 - Rezone from SC & RS-8 (Shopping Center & Residential Single Family) to GC (General Commercial) zoning district property located at Antilley and Buffalo Gap Roads. The Planning & 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:

• Terry Franklin, agent for the proponent, stated they are proposing to place retail and mini-storage units in the downhill portion of the property to balance the tract. Mr. Franklin further stated he will talk to the owner of the small tract of land adjoining the property about the plans.
• Pam Percival, 5250 Meadow, stated she is opposed to expanding zoning to General Commercial because she doesn't want to see Buffalo Gap Road become industrialized.
• Scott Senter, representative for the owner of the property east of this site, stated he supports this zone change.

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

Councilman Carrillo moved to approve the Ordinance to rezone from SC & RS-8 (Shopping Center & Residential Single Family) to GC (General Commercial) zoning district property located at Antilley and Buffalo Gap Roads as recommended by the Planning & Zoning Commission and staff. Councilman Archibald seconded the motion and the motion carried.

AYES: Councilmen Archibald, Southward, Carrillo, Beckham, Brown, Councilwoman Alexander, and Mayor Barr.

NAYS: None.

The Ordinance is numbered 35-2000 and is captioned as follows:

4.6 Jeff Armstrong, Assistant Director of Community Development, briefed the Council on an Ordinance considered on second and final reading - Z-03500 - to rezone from SC, LC & AO (Shopping Center, Limited Commercial & Agricultural Open Space) to PDD (Planned Development) zoning district property located in the 5300 block of Buffalo Gap Road. The applicant, Mindy Morris, a property owner and agent for other owners, requests a rezoning to build a grocery store and gas pumps. The owners are seeking a Planned Development District, instead of a traditional commercial district, in order to mitigate impacts on the adjacent residential areas. Residential zoning abuts the site on the south, east and west. Property to the north is zoned Shopping Center. The Council rejected a similar application for the tract on February 10. The proposal conforms to the 1993 Buffalo Gap Corridor Study, which concludes that commercial or office uses are appropriate for the area from this site to Chimney Rock Road. The site plan also differs slightly from the prior proposal. The gas pumps are shifted away from adjacent properties, some parking has relocated from the northwest corner to the rear of the site, and additional screening fence is proposed. For the request to be approved, a super majority vote of the Council is required. Staff recommends approval as per the site plan. The Planning & Zoning Commission considered this request at its meeting on August 7, 2000 and recommended approval subject to the site plan reflecting the masonry fencing requirement as shown on the landscape plan.

Mayor Barr asked Jack Harkins, Chair of the Planning & Zoning Commission, to address the issue. Mr. Harkins, 4065 Benbrook St., stated he is a member of the Planning & Zoning Commission, but is speaking personally on this issue. Mr. Harkins stated he felt the following issues were critical in considering the request: 1) Buffalo Gap Road is designed to carry traffic, 2) the gas pumps have been moved further north than originally planned, and 3) an 8' masonry fence separates the Planned Development District from all of the residential lots, the fence has been moved south into the property and trees will also be planted. Mr. Harkins further stated the many steps that were taken including the screening and noise abatement are reasons that persuaded him to vote to approve the request.

Jeff Luther, P&Z member, 118 Circle of Holly, stated Planned Development District zoning provides a guarantee and control over what goes into an area.

Mayor Barr stated, "before I open the public hearing for Item 4.6, I wanted to say that I am aware that we have a number of citizens who are interested in speaking on this item. The City Council and staff have received numerous emails, calls, visits, and letters regarding this issue. We are cognizant of the responsibility that we have before us. Please rest assured that we want to hear all information concerning this request. First, I would like to get a show of hands from those who are here in support of and in opposition to the rezoning. And, can I have a show of hands from those who wish to speak either for or against this item? In an effort to keep the discussion fair, I want to give each side an equal opportunity to speak. Do we have a spokesperson for the proponents? (Paul Cannon). Do we have a spokesperson for the neighborhood? (Jean Wagner). We will first hear from the proponents after which the council will be given the opportunity to ask questions. Next, we will hear from the neighborhood followed by questions from the Council. Finally, the proponents will have an opportunity to present a rebuttal. Because we are interested in hearing all the information, if any member of the audience still feel as though they have information to share with us after the spokespersons have made their presentations, we will be happy to listen. I only ask that you keep your comments limited to new information not already presented. Please do not repeat anything that has already been said. I will now open the public hearing beginning with the spokesperson supporting the rezoning. Please give your name and address for the record".

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

• Paul Cannon, 2217 Shoreline, Attorney At Law, McMahon, Surovik, Suttle, Buhrman, Hicks & Gill, P.C., spokesperson for the proponents (4 landowners). Mr. Cannon submitted the following list, which he stated is now a part of the proposed PDD application:

1. deleted paving in southwest corner in favor of landscaping;
2. grassy areas and landscaping have been added both within and outside of area of proposed development;
3. moved gasoline dispensing area further north and away from residential area;
4. re-routed traffic entry further north of existing residential area;
5. inclusion of an 8' masonry fence surrounding the area of proposed development (rather than a 7' wood fence);
6. fence-line moved inward toward proposed development to add area for natural grass & trees outside of the proposed masonry fence;
7. addition of trees & drip irrigation outside of the masonry fence;
8. take measures in area of south traffic lane so that delivery trucks will not park or idle there;
9. eliminated the "spec" building shown as an out lot development on the February site plan.

• Jean Wagner, 3282 Woodhollow Circle, noted the list presented by Mr. Cannon which is now a part of the proposed PDD application was not the result of the meeting between the proponents and the neighborhood, but was handed out at the meeting. Ms. Wagner then clarified that there is land that is not vacant and addressed the serious issue of traffic, with only one entry and exit out onto Buffalo Gap Road from this proposed business, which she stated does not conform to the thoroughfare plan. Ms. Wagner further noted that two structures would exist that would have only one entry and one exit, if the PDD is approved. Ms. Wagner submitted to Mayor Barr for the record a copy of the Buffalo Gap Road Corridor Study of June 1994 and addressed pages 25-30 of the study that note recommendations, goals, objectives, policies, and proposed land uses; stating the Buffalo Gap Corridor Study has never been deviated from. Ms. Wagner submitted to Mayor Barr for the record a copy of a portion of the October 4, 1999 Planning & Zoning Commission minutes, noting the discussion concerning this request states that it is not in keeping with the Corridor Study. Ms. Wagner submitted to Mayor Barr for the record a copy of the notice dated July 24, 2000 of a Planning & Zoning Commission public hearing that residents received, but Ms. Wagner stated the notice was misrepresented. Ms. Wagner also stated some concerns have been addressed but the major concerns could not be addressed. Ms. Wagner submitted to Mayor Barr a copy of a portion of the February 10, 2000 City Council meeting minutes, which reflect the neighborhood as not being anti-development, but as being in favor of planned growth. Ms. Wagner stated if the PDD is approved, it would be unreasonable and would have a substantially adverse impact on the neighborhood. Ms. Wagner stated she considers this to be spot zoning for one business. Ms. Wagner submitted to Mayor Barr for the record a letter from Bill Ehrie, President of the Abilene Industrial Foundation (AIF). Ms. Wagner stated Mr. Ehrie's letter supports the approval of this request and that as an AIF representative, Mr. Ehrie was wrong in sending the letter out. Ms. Wagner further stated if Council wants to deviate from their own study, they need to at least look at the major concerns. Ms. Wagner suggested:

1. Eliminating the gas pumps
2. Moving the store in the opposite direction (referred to as flipping the buildings)
3. Restricting size to a smaller store
4. Level of commitment - some assurance that intensity won't be added to
5. Visual pathways aesthetically pleasing - 8' brick wall appropriate
6. Erect a barrier to prohibit south side truck traffic
7. Restrict time of delivery - if United has their own fleet this is within their control
8. Dim lights at particular hour

• Alton Smith, 3026 Woodway Circle, asked Council to consider both parties' motivation: 1) money, and 2) peaceful living - quiet neighborhood. Mr. Smith stated this project is far too intense for this area, and asked Council to consider the wisdom of the previous Council that had stated there needed to be a gradual transition from heavy commercial to residential.
• Cyril Stone, Hunter's Circle, asked Council to do what's necessary for the City and recognize the community in which we live.
• Scott Senter, 3401 Curry Lane, stated he is trustee of the land across from the land in question today, and stated they are in support of the zone change, although his property is restricted to residential only.
• Denise Jones, 3249 Woodhollow Circle, stated if Council is going to approve this, to make it more acceptable by adding an 8' brick wall and eliminating the gas pumps entirely.
• Ed Enzor, 1325 Canterbury Dr., stated that United offered their old store building on Judge Ely to help a non-profit organization he is involved with. Mr. Enzor further stated United is very much a part of the community and that both parties involved are wonderful, and a way should be found to move forward in good will.
• Kyle Smith, 3034 Woodway Circle, stated he is concerned about children, their safety, with increased traffic being a major concern.
• Maria Velasquez stated children are the main concern, but good government is also a concern, and that the City Council should check for spot zoning and politics involved in this issue.

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

Council took a short recess at 11:20 a.m. and reconvened at 11:25 a.m.

Discussion continued concerning truck delivery time being restricted, the area to be landscaped, a 20' buffer around or almost all around the property, the needed area for trucks to enter and depart being impacted if the buildings are flipped, latitude discretion being given to staff in engineering to determine proximity to move structures northerly, planning staff having provided a plan showing the other option, homeowners being represented and having input, zoning uses already allowed, the proposed PDD restrictions as they compare to the Super Wal-Mart zoning, the 1994 Buffalo Gap Corridor Study having had two rezoning requests - one was approved and one was denied, changes that would require the issue going back to P&Z and then to Council, the landscape plan, who oversees developers compliance (i.e., number of trees planted, etc.), the permit (site/landscape) and inspection process for compliance before occupancy, lights being dimmed at a certain hour and distance requirements from residences, security, concerns with setting the store operating hours, the request not being a deviation from the corridor overlay study and the study not being a legal document, spot zoning, the cost of an 8' brick fence, the developer doing a study on how a structure like this would impact traffic, traffic impact to Woodlake, and speed limits.

Councilwoman Alexander thanked the neighborhood for having worked together on this issue, and stated she felt with the changes that have been discussed, this issue is now more palatable to the opponents. Ms. Alexander moved to approve the Ordinance to rezone from SC, LC & AO (Shopping Center, Limited Commercial & Agricultural Open Space) to PDD (Planned Development) zoning district property located in the 5300 block of Buffalo Gap Road with the exceptions or conditions as listed below and as reflected on the attached site plan incorporated herein:

1. flip the layout of the building where the pharmacy drive through would be on the south side next to the residences,
2. exterior lighting shall be designed to be directed away from residential areas and dimmed 50% between 11:00 p.m. and 6:00 a.m.,
3. locate gas pumps as far north as the City traffic engineer deems feasible while allowing fueling of trucks to occur and proper maneuverability of traffic,
4. a building permit must be obtained for this project within 12 months after approved by Council,
5. 8' brick fence on perimeter bordering residential property. Interior fence optional, but if built must be brick,
6. a minimum 20' landscaping buffer shall be maintained in accordance with the approved site plan,
7. truck traffic shall be prohibited in the southernmost driveway and the south side of the building, and an overhead barrier shall be installed in the southernmost driveway.

AYES: Councilmen Archibald, Southward, Carrillo, Beckham, Brown, Councilwoman Alexander, and Mayor Barr.

NAYS: None.

The Ordinance is numbered 36-2000 and is captioned as follows:

7. David Wright, Director of Finance, briefed the Council on Ordinances approving the Revised 1999-2000 Budget and Proposed 2000-2001 Budget, establishing a Municipal Court Technology Fund, and setting FY 2000-2001 Tax Levy. Staff recommends that the City Council hold the public hearing and approve on second and final reading the following: 1) the Budget Ordinance and 2) the Municipal Court Technology Fund Ordinance. This item is to be voted on and approved prior to voting on the Ordinance setting the FY 2000-2001 tax levy.

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

• Fal Falcioni, 1449 Westview, stated the County, City, and AISD all have common functions that could be combined and consolidated over a four-year period; and recommended entities all get together to see what functions could be consolidated.

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

Councilman Beckham moved to approve the Ordinance approving the Revised 1999-2000 Budget and Proposed 2000-2001 Budget and the Ordinance establishing a Municipal Court Technology Fund, as recommended by staff. Councilman Brown seconded the motion and the motion carried.

AYES: Councilmen Archibald, Southward, Carrillo, Beckham, Brown, Councilwoman Alexander, and Mayor Barr.

NAYS: None.

The Ordinance is numbered 37-2000 and is captioned as follows:

Councilman Archibald moved to approve the Ordinance setting the FY 2000-2001 tax levy at 58.09 cents, as recommended by staff. Councilman Southward seconded the motion and the motion carried.

AYES: Councilmen Archibald, Southward, Carrillo, Beckham, Brown, Councilwoman Alexander, and Mayor Barr.

The Ordinance is numbered 39-2000 and is captioned as follows:

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.

Councilman Beckham left the meeting following the executive session.

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

Councilman Southward moved to approve Mayor Barr's appointment of Ms. Ellen Presley to the Sister Cities Committee, term expiring 11/2001. Councilman Archibald seconded the motion and the motion carried.

AYES: Councilmen Archibald, Southward, Carrillo, Brown, Councilwoman Alexander, and Mayor Barr.

NAYS: None.

There being no further business, the meeting was adjourned at 1:33 p.m.

Jo Moore, City Secretray

Grady Barr, Mayor