The City Council of the City of Abilene, Texas, met in a Pre-Council Work Session on September 28, 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 Carl Scott, Recreation Supervisor, who briefed the Council on the Recreation Division functions. Mr. Scott distributed to and reviewed with the Council a Community Services/Recreation Division handbook, which included programs and activities of the division, as well as special events. The Council requested copies of the Recreation Division's schedule of events booklet each time it comes out. Following Mr. Scott's presentation, Mr. McDaniel briefed the Council on various consent and regular agenda items. Councilman Carrillo requested a change in wording on Item 3.3, Oral Resolution to adopt the proposed by-laws of the Landmarks Commission of the City of Abilene, Guiding Principles section to read, The Commission's decisions will be guided by the Secretary of the Interior's Standards for Rehabilitation. As stated in the Standards, they are to be applied to specific rehabilitation projects in a reasonable manner, taking into consideration economic and technical feasibility. 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 September 28, 2000, at 9:00 a.m. in the City Council Chambers of City Hall.

Councilman Victor Carrillo gave the invocation.

Pledge of Allegiance was led by Mallory Moser, 5th grader at Austin Elementary. Mallory was accompanied by her mother, Evelyn Moser.

Mayor Barr presented the following Proclamations:

September as Fire Prevention Month, and

October as Domestic Violence Awareness Month.

Councilwoman Alexander moved to approve the minutes of the September 14, 2000 Pre-Council and Council Meeting as printed. Councilman Brown seconded the motion and the motion carried.

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

NAYS: None.

Joe Landwehr, 1904 N. 5^th, Abilene, Texas, chairman of the Abilene Citizens for Safe drinking Water, stated he wanted to address the agenda item that proposes to put fluoridation on the ballot.

Mayor Barr stated that item is not on today's agenda. Sharon Hicks, City Attorney, explained the election item on today's agenda is concerned with appointing election judges, designating polling locations, establishing temporary and mobile voting locations and applicable days, dates and times for early voting, providing for a proclamation notice and publication of notice of election. Ms. Hicks further explained that the election was ordered and the wording for the ballot approved at a previous Council meeting, with that information having been submitted to the County who by contract conducts the City's elections.

Mr. Landwehr stated he wants to challenge the wording on the ballot and to be allowed to address that issue. Ms. Hicks informed the Council that the issue is not technically before them today, but they do have the option to consider hearing Mr. Landwehr's discussion if they so choose. Ms. Hicks further noted the ballot wording has been submitted to Pauline Pitman, Elections Administrator and on to the printer to prepare for ballot by mail voting which started this week.

Mayor Barr stated the wording for the ballot was decided two weeks ago and asked Council if they wanted to discuss the issue again. Council indicated they did not choose to do so. Mr. Landwehr asked if the ballot wording was approved in a previous meeting. Ms. Hicks replied yes, in a meeting held two weeks ago at which Mr. Landwehr's colleague, Larry Zastrow, spoke and made a presentation. Mr. Landwehr stated he understood that discussion was to put the issue on the ballot. Ms. Hicks agreed, stating another component of that discussion was to approve the proposed ballot wording that was provided at that time. Mr. Landwehr asked if Council was open to hearing further discussion about the wording. Mayor Barr replied, "No, sir". Mr. Landwehr concluded with his opinion concerning Council's consideration of the matter, and assuming responsibility of informing the public of his message.

Councilman Brown moved to approve consent agenda items 3.1 through 3.13 with 3.3 as amended per pre-Council worksession discussion, and first reading of item 3.14, as recommended by staff. Councilwoman Alexander seconded the motion and the motion carried.

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

NAYS: None.

1. Oral Resolution approving Development Corporation of Abilene, Inc. annual contract renewals with the City of Abilene, Abilene Industrial Foundation, Inc., Caruth Small Business Development Center, and Chamber of Commerce for the Military Affairs Committee and authorizing the City Manager to execute the contract.
2. Resolution designating voting and polling locations, appointing election officials, establishing temporary branch locations, days, dates, and times for early voting, establishing mobile voting locations for early voting and providing for a proclamation notice and publication of notice of special fluoride election to be held November 7, 2000.

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

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ABILENE, TEXAS, DESIGNATING LOCATION OF POLLING PLACES, ESTABLISHING TEMPORARY BRANCH AND MOBILE VOTING LOCATIONS, APPOINTING VARIOUS ELECTION OFFICIALS, FIXING THEIR RATE OF COMPENSATION, PROVIDING FOR A PROCLAMATION NOTICE AND PUBLICATION OF NOTICE OF SPECIAL ELECTION TO BE HELD IN SAID CITY ON NOVEMBER 7, 2000 IN CONJUNCTION WITH TAYLOR COUNTY'S GENERAL ELECTION.

3. Oral Resolution to adopt the proposed by-laws of the Landmarks Commission of the City of Abilene, as amended per Pre Council Worksession discussion.
4. Oral Resolution authorizing the City Manager to enter into an agreement with FMC Corporation/Jetway Systems to purchase and install two aircraft loading bridges, with options, as part of the passenger terminal expansion project at Abilene Regional Airport.
5. Oral Resolution authorizing the City Manager to enter into an agreement with Abilene Motor Sports, Inc. following concurrence from the FAA for the Texas Shoot Out Drag Race to be held September 30 and October 1, 2000 at Abilene Regional Airport.
6. Oral Resolution authorizing City Manager to award bids and enter into agreements with The Hertz Corporation, Baker Car & Truck Rental (Avis franchisee), National Car Rental Systems, Inc., and HFS Inc. DBA Thrifty Car Rental, at Abilene Regional Airport.
7. Oral Resolution authorizing the City Manager to enter into ground leases with the Development Corporation of Abilene for airport property located at 2601, 2809, and 2841 Airport Boulevard.
8. Oral Resolution authorizing the City Manager to amend the Commercial Airline Lease between the City of Abilene and Chaparral Airlines, Inc. dated December 17, 1981 and assumed by Eagle Aviation Services, Inc. (EASI) on March 20, 1995.
9. Oral Resolution amending the Purpose, Rules, Regulations and Procedures for the Airport Development Board.
10. Oral Resolution approving contract with National Development Council for professional and development services for FY 2000/2001.

Bid Awards

11. Traffic sign material, Bid #CB0057. The bid was awarded on a per item basis to the lowest responsible bidder as follows: Items 1,2,4,9, and 11 to Vulcan Signs; Items 5 and 6 to Zumar Industries; Items 3 and 7 to Hall Signs, Inc.; Item 10 to 3M, and Item 8 to Newman, all as recommended by staff.
12. Playground equipment at Stevenson and Vaughn Camp Parks, Bid #CB0059. The bid was awarded to Modlin Recreation Equipment in the amount of $51,359, as recommended by staff.
13. Purchase of mobile data computers and communication radios for Police units from Motorola, Inc., a single source supplier, as recommended by staff.

Ordinances

14. Approval of first reading: Ordinance amending Chapter 18, "Motor Vehicles and Traffic" of the Abilene Municipal Code.

4.1 Dwayne Hargesheimer, Director of Water Utilities, introduced David Lewis and Brian Hurst of CH2M Hill, Inc., the Engineering firm that conducted a Water Treatment Feasibility study of the new O. H. Ivie Water Supply. Mr. Lewis presented the study, which included critical project issues, the comparison of Ivie water to existing water sources, water quality goal, and the project schedule. Mr. Lewis noted the main issues of concern are cost, capacity, and water quality. Mr. Lewis then asked the Council to consider and address 1) the project schedule being complete by the summer of 2002, 2) the selection of the minimum size of facility (8 million gallons per day (mgd) is recommended), 3) the need for authorization to proceed with development of piloting, and 4) to verify water quality goals.

Following discussion among Council, staff, and the engineering firms' representatives, Mayor Barr questioned which of the following four points Council should decide on today to move forward with this project to have it online by 2002:

1. Confirm project schedule being complete by the summer of 2002
2. Select initial treatment capacity, (size of facility)
3. Authorize proceeding with development of piloting
4. Verify finished water quality goals.

Following further Council discussion and a request to have the Engineering firm bring back a proposal to Council for the final design cost for the project at the October 12 City Council meeting, Councilman Beckham made a motion to move forward with this project by approving points 1) confirm project schedule being complete by summer of 2002; 3) authorize proceeding with development of piloting; & 4) verify finished water quality goals. Councilman Southward seconded the motion and the motion carried.

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

NAYS: None.

4.2 Lisa Hoodenpyle, Interim Director of Economic Development, briefed the Council on a Resolution accepting ownership of a parking garage commonly known as the Wooten Parking Garage located adjacent to 1102 N. 3^rd Street, approving funding from the Abilene Reinvestment Zone No. 1 (also known as the Tax Increment Financing District, or TIF) to renovate and expand the parking garage, and authorize the City Manager to execute the necessary documents. Abilene Wooten, Inc. purchased the real estate located at 1102 North 3^rd (Wooten Hotel) on October 8, 1998. Based on a feasibility study completed in March 1999, the highest and best use of the property was determined to be a mixed-use property consisting of a boutique hotel and apartments. The hotel will be located on floors one through seven with a total of 56 rooms and supporting retail space including a restaurant will be finished out on the first floor. The hotel will be marketed to the business traveler with several rooms available to support business meetings or conferences. Apartments or condos will be constructed on floors eight through sixteen with a possible condo on the seventeenth floor. The apartments will be market rate apartments with three per floor totaling 27 apartments. Renovation of the Wooten Hotel has been identified in both the Comprehensive Plan and Development Strategy for Downtown Abilene, Texas and the Downtown Abilene Strategic Plan adopted by the City Council to be renovated as hotel and/or living quarters. By letter of agreement, Abilene Wooten, Inc. (Wooten) has agreed to transfer ownership of the parking garage to the City of Abilene, to utilize funding sources available. The project requires 78 spaces to support the hotel and apartment/condo uses. Estimated cost to renovate and expand the garage (add one floor and west wings) is $1,364,000. Estimated amount to service debt to fund renovation is $292,000 annually including principal and interest based on a 6 year amortization at 6% interest. Ms. Hoodenpyle concluded by stating 32% of the funding for the project is from public sources and the remaining 68% is being funded through private sources. December 2001 is the expected completion date of the project.

Mike Young, Chair of the TIF Board, stated the Board has accepted this project, anticipates no other major projects, and is comfortable with the fact that this is all the available funding TIF has. Mr. Young stated the board vote was unanimous in approval of the project.

Council noted their satisfaction with the restoring of the Wooten, Abilene's "Last Civic Jewel", and expressed their appreciation to those involved in the endeavor with special recognition of Assistant City Manager Michael Morrison.

Councilman Archibald moved to approve the Resolution accepting ownership of the parking garage commonly known as the Wooten Parking Garage located adjacent to 1102 N. 3^rd Street, approve funding from Abilene Reinvestment Zone No. 1 to renovate and expand the parking garage, and authorize the City Manager to execute necessary documents, as recommended by the 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 Resolution is numbered 29-2000 and is captioned as follows:

Mayor Barr asked for a show of hands from those in attendance for agenda item 4.8, then announced that item would be considered next on the Regular agenda, in consideration of the large public attendance for this item.

4.8 Jeff Armstrong, Assistant Director of Community Development, briefed the Council on an appealed Ordinance considered on second and final reading - TC-04600 - Thoroughfare abandonment of the east 10' of Orange Street between North 2^nd and North 3^rd Streets. The Plat Review Committee recommends approval if the following conditions are met: (1) relocate the street lights at the proponent's expense; (2) replace the sidewalk along the portion of Orange that is abandoned and connect it with the existing sidewalks to the north and south; (3) abandonment is to occur only adjacent to Lots 9 and 10; and (4) an easement shall be maintained where Southwestern Bell's conduit is located. The Planning & Zoning Commission and staff recommend denial.

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

• Lee Roy George, 926 Washington Blvd., representing First Baptist Church. Mr. George explained the circumstances surrounding the Planning & Zoning Commission's decision and noted the church's willingness to accept the abandonment of only Lots 9 & 10 if necessary.
• Newt Newberry, 926 Elmwood, architect, reviewed plans for the project, and stated he would prefer the entire city block be abandoned.
• Larry Smith, chair of Projects Committee for First Baptist Church, 3442 Ivanhoe, stated benefits that will result if the request is approved.
• Howard Wilkins, 1470 Tanglewood, stated the expanded facilities would fit the music program's growth.
• Bob Tiffany stated he is not a member of the First Baptist Church, but is a member of 1^st Central Presbyterian Church, which does cooperative benefits with the Baptist Church in the music program area. Mr. Tiffany stated First Baptist is his church's music program's role model.
• Phil Christopher, 2102 Westminster, pastor of First Baptist Church, gave a brief history of the church and asked Council to approve the request.

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

Discussion among the Council and staff included: abandonment of the entire block or only the 2-lot area, no known safety, health or visual problems with the request, no opposition or protest has been filed, there are no plans to widen Orange Street, and consideration should be given to these types of situations on a case-by-case basis.

Councilman Carrillo moved to approve the Ordinance for thoroughfare abandonment of the east 10 feet of Orange Street between North 2^nd and North 3^rd Streets, Abilene, Taylor County, Texas; SUBJECT TO: relocating the street lights at proponent's expense, replace the sidewalk along the portion of Orange that abuts Lots 9 and 10 and connect it with the existing sidewalks to the north and south, a no-build easement on the north 50 feet and the south 50 feet of the 10 foot abandonment, and an easement where Southwestern Bell's conduit is located. Councilwoman Alexander 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 40-2000 and is captioned as follows:

Council took a short recess at 11:40 a.m. and reconvened at 11:45 a.m.

4.3 Elizabeth Grindstaff, Planning Services Administrator, briefed the Council on a Resolution authorizing the City Manager to execute a contract with the Texas Department of Transportation (TxDOT) for development of the Texas Forts Trail Visitors Center and Transportation Museum. The Texas Department of Transportation awarded the City $2.7 million in TEA-21 funds for the development of the Texas Forts Trail Visitors Center and Transportation Museum. The TxDOT award represents 60% of the estimated $4.5 million project cost, with the Taylor County Historical Foundation providing the local match of 40%, or $1.8 million. The City Council approved at its July 22, 1999 meeting the use of TIF funds for any operating shortfall, capped at $35,000 for TIF once the development is in use and CIP funds for the construction of the North 1^st Street connector. Staff recommends approval.

Councilman Archibald moved to approve the Resolution authorizing the City Manager to execute a contract with the Texas Department of Transportation for development of the Texas Forts Trail Visitors Center and Transportation Museum, as recommended by the 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 Resolution is numbered 30-2000 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-03000 - Rezone from RM-3 (Residential Multi-Family) to CU (College-University) zoning district property located at 1502-1542 Washington Blvd. and 773 E. N. 16^th Street. The Planning & Zoning Commission and staff recommend approval.

Councilman Southward stated he will abstain on this item as well as item 4.5 due to his being a member of the University Church of Christ.

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 Beckham moved to approve the Ordinance to rezone from Residential Multi-Family to College-University zoning district property located at 1502-1542 Washington Blvd. and 773 E. N. 16^th Street as recommended by the Planning & Zoning Commission and staff. Councilman Carrillo seconded the motion and the motion carried.

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

NAYS: None.

ABSTAIN: Councilman Southward.

The Ordinance is numbered 41-2000 and is captioned as follows:

4.5 Jeff Armstrong, Assistant Director of Community Development, briefed the Council on an Ordinance considered on second and final reading - TC-03100 - Thoroughfare abandonment of a 20' north-south alley beginning at the south right-of-way line of E. N. 16^th Street south a distance of 500' located between Washington Blvd., Avenue E and E. N. 16^th & E. N. 14^th Streets. The Planning & Zoning Commission recommends approval. Staff recommends approval with conditions as stipulated by the Plat Review Committee.

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 for thoroughfare abandonment of a 20' north-south alley beginning at the south right-of-way line of E. N. 16^th Street south a distance of 500' located between Washington Blvd., Avenue E and E. N. 16^th & E. N. 14^th Streets as recommended by the Planning & Zoning Commission and staff. Councilman Archibald seconded the motion and the motion carried.

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

NAYS: None.

ABSTAIN: Councilman Southward.

The Ordinance is numbered 42-2000 and is captioned as follows:

4.6 Jeff Armstrong, Assistant Director of Community Development, briefed the Council on the appealed item; Ordinance considered on second and final reading - Z-04400 - Rezone from SC (Shopping Center) to GC (General Commercial) zoning district property located at North 15^th & Grape Streets, southwest corner. The Planning & Zoning Commission and Staff recommend denial.

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

• Robert Mason, 1533 N. 15^th, property owner, briefed the Council on his plans for the property.

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

Councilman Beckham moved to approve the Ordinance to rezone from SC (Shopping Center) to GC (General Commercial) zoning district property located at North 15^th & Grape Streets, southwest corner. Councilman Southward seconded the motion and the motion carried.

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

NAYS: Councilman Carrillo.

The Ordinance is numbered 43-2000 and is captioned as follows:

4.7 Jeff Armstrong, Assistant Director of Community Development, briefed the Council on an Ordinance considered on second and final reading - Z-04500 - Rezone from RS-8 & AO (Residential Single Family & Agricultural Open Space) to RM-3 (Residential Multi-Family) zoning district property located at 6010 Buffalo Gap Road. 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 Carrillo moved to approve the Ordinance to rezone from Residential Single Family & Agricultural Open Space to Residential Multi-Family zoning district property located at 6010 Buffalo Gap Road, as recommended by 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 44-2000 and is captioned as follows:

4.9 Jeff Armstrong, Assistant Director of Community Development, briefed the Council on an Ordinance considered on