The City Council of the City of Abilene, Texas, met in Regular Session on July 26, 2001, at 8:30 a.m. in the City Council Chambers of City Hall. Mayor Grady Barr was present and presiding with Councilmen Norm Archibald, Kris Southward, Victor G. Carrillo, Rob Beckham, Jimmy McNeil, 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.

Councilman Norm Archibald gave the invocation.

Councilman Southward introduced the Abilene Stingers soccer team, which led the Pledge of Allegiance. Also present were the team’s coaches and family members.

Mr. McDaniel introduced Fire Chief Bob Putnam, who gave the Fire Protection Classification Overview presentation. Chief Putnam reviewed the Public Protection Classification (PPC) numerical rating of 1-10 that reflects a community’s fire protection capabilities, the insurance services office (ISO) that conducts inspections, the fire suppression rating schedule (FSRS), and the technical document used to determine public protection classifications. Chief Putnam also reviewed the locations of the fire stations, calls received, justification of equipment maintained at the stations and the effect of ratings to homeowners insurance.

No Council action was required.

There being no corrections, additions, or deletions to the July 12, 2001 Council minutes and July 13, 2001 Special Council minutes, Councilman Archibald moved to approve the minutes as printed. Councilman Southward seconded the motion and the motion carried.

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

NAYS: None.

Councilwoman Alexander moved to approve consent agenda items 3.1 through 3.3 and first reading of item 3.4, as recommended by staff. Councilman McNeil seconded the motion and the motion carried.

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

NAYS: None.

1. Phase 1 of rehabilitation of Ambler Ave., from Kirkwood St. to North Treadaway, Bid #CB1059. The bid was awarded to Epic Construction of Abilene, Texas in the amount of $932,749.17 as recommended by staff. Funding is available from previously authorized Certificates of Obligation and General Obligation Bonds.
2. Furniture for new Central Fire Station, Bid #CB-1058. The bids were awarded as follows: Items 1-19 and 21 to O'Kelley Office Supply in the amount of $24,474.00; Items 22 and 24 to Abilene Printing and Stationery in the amount of $824.00; and Items 20 and 23 to Barnhill Office Supply in the amount of $2,557.60; for a total bid award of $27,855.60 as recommended by staff.

Resolutions:

3. Oral Resolution approving a Texas Infrastructure Fund Grant for the Abilene Public Library and authorizing the City Manager to execute the application and contract pending grant approval.

Ordinances:

4. First reading of an Ordinance amending Chapter 18, "Motor Vehicles and Traffic".

4.1 Councilman Archibald made a motion to remove from the table the contract for Printing & Copying Services, Proposal #CB-1035. Councilman Carrillo seconded the motion and the motion carried.

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

NAYS: None.

Assistant Director of Administrative Services Odis Dolton briefed the Council on the contract for printing and copying services, stating that on June 14, 2001 the City Council directed staff to request additional information from the proposers for printing and copying services. When staff requested the additional information, Abilene Printing & Stationary and RAM did provide sufficient evidence to review. Staff continues to believe that LePrint does not have sufficient staff to meet the service needs of the City and County. Abilene Business Forms is a one-person home operation and would subcontract all of the City’s work out to another vendor; therefore, they were not considered a viable supplier. In keeping with the purchasing guidelines of the city, staff still recommends R&R Printing over Abilene Printing & Stationary and RAM as the most advantageous proposal due to the desire to protect the integrity of the original proposal process.

Council and staff discussion included: if the businesses most recent financial statements were requested, if the request for bids was clear, the city’s recourse in the event a lower bid were approved and the bidder was unable to fulfill their contractual obligations, maintaining and protecting the integrity of the bids and/or re-bids process, the service being utilized by the county and city, staff apologized for not having all needed information previously, the service could be re-bid but with the bid information now being public documents the bid and proposal process could be hurt.

Councilwoman Alexander made a motion to approve the contract with R&R Printing for Printing & Copying Services, Proposal #CB-1035, as presented by staff. Councilman McNeil seconded the motion and the motion carried.

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

NAYS: Councilmen Southward and Beckham.

4.2 Jeff Armstrong, Assistant Director of Community Development, briefed the Council on an appealed Ordinance considered on second and final reading: TC-01200 – Thoroughfare abandonment of a 20’ alley adjacent to Lot 29, Block A, Section 1, Elmcrest Club Addition located between 4109 and 4101 Congress. The Planning & Zoning Commission, Plat Review Committee, and staff recommend denial.

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

• Roger Nichols, agent for the proponent stated he has just recently acquired this case and requested Council postpone the final reading of the ordinance until he can meet with city staff to see if a reasonable solution could be found.
• Willie Horton, 4118 Congress, representing neighbors who are against the request, voiced a concern that a shop will be opened on the lot. Ms. Horton stated there are junk cars, etc. just down from this lot and suggested that property should have a privacy fence to keep from lowering property values in the area.

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

Councilman Southward made a motion to deny the thoroughfare abandonment of a 20’ alley adjacent to Lot 29, Block A, Section 1, Elmcrest Club Addition located between 4109 and 4101 Congress, as recommended by the Planning & Zoning Commission, Plat Review Committee, and staff. Councilwoman Alexander seconded the motion and the motion carried.

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

NAYS: Councilman Carrillo.

4.3 Jeff Armstrong, Assistant Director of Community Development, briefed the Council on an Ordinance considered on second and final reading - Z-02201 – Amend PDD-65 to delete "RS-12 standards" and set new lot size and setback requirements located on Griffith Road. The Planning & 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.

Council and staff discussion included: more information including the legal description and definite property boundaries being needed, the PDD having been done at a time when details and specifics weren’t given, and a staff recommendation that definite boundaries on these tracts be obtained.

Councilman Archibald made a motion to table the request to amend PDD-65 to delete "RS-12 standards" and set new lot size and setback requirements located on Griffith Road until all areas are well-defined, and boundaries and stipulations are set. Councilman Carrillo seconded the motion and the motion carried.

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

NAYS: None.

4. Melvin Martin, Police Chief, briefed the Council on an Ordinance establishing a hold period for personal property purchased by pawn shops operating within the City of Abilene. Chief Martin stated the State of Texas has adopted the Pawn Shop Act for the regulation of pawn shops, and the Pawn Shop Act establishes the Consumer Credit Commissioner as the regulating authority for establishing the rules of operation for pawn shops. Chief Martin further stated the Consumer Credit Commissioner has determined that each item of personal property purchased from the general public must be held at the licensed pawn shop location for a period from the purchase date before being modified, changed, sold, or disposed of in any manner for at least 20 days, or period of less than 20 days if a local jurisdiction has enacted an ordinance that specifies the hold period. The City of Abilene Police Department (APD), in cooperation with local pawn shops, has determined that an 11-day hold period will provide adequate safeguards to both the general public and the pawn shops due to the fact that the APD obtains receipts from these merchants on a daily basis, and APD believes that 11 days is more than adequate for locating stolen property. The proposed ordinance mandates that all local merchants in the business of buying and selling second-hand merchandise hold that merchandise for 11 days prior to selling it, and also allows the APD to extend the hold period to 20 days if it is felt to be necessary. Until a few months ago, the local Municipality was allowed to provide a verbal waiver if they felt 20 days was excessive, and the City of Abilene has granted this waiver for at least seven years, possibly longer. The majority of local merchants subject to this ordinance, as well as the Consumer Credit Commission guidelines, are locally owned small businesses. Due to the great working relationship and cooperation received from these businesses, the APD feels this ordinance is appropriate to minimize the potential for financial loss suffered by these small, local businesses and recommends the ordinance be approved. Chief Martin stated all data information on the pawn shop ticket information is entered into the computer by the Granny Squad. The chief then explained the personnel in and functions of the Granny Squad.

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 McNeil made a motion to approve the Ordinance establishing a hold period for personal property purchased by pawn shops operating within the City of Abilene, as recommended by staff. Councilwoman Alexander seconded the motion and the motion carried.

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

NAYS: None.

The Ordinance is numbered 16-2001 and is captioned as follows:

4.5 Richard Gertson, Director of Community Development, briefed the Council on an Ordinance amending Sections 23-306.4; 23-306.5.H(13)(14)&(15); and 23-363 of the Zoning Ordinance pertaining to the location requirements and definitions for liquor related businesses. The Planning & Zoning Commission and staff recommend approval. Mr. Gertson stated that on July 12 the Council heard a presentation on changes to the alcohol land use regulations. The proposed amendments will eliminate separation requirements for alcohol wholesale and manufacturing uses, modify buffers for beer and wine establishments and distinguish restaurants under certain conditions from bars and taverns. The proposed ordinance includes two other textual changes from language distributed at the last Council meeting. In paragraph (e) (1) a conflict provision is added requiring a restaurant to meet the more restrictive conditions of the TABC food and beverage certificate or the ordinance. In paragraph (e) (5), a proviso allows a restaurant to have signage that uses a brand name or reference to alcohol when it is part of the name of a food specialty. Examples are "beer battered shrimp," "hot butter rum ice cream," or "Jack Daniels steaks". The proposed restriction on external signage is not intended to exclude such references.

Mayor Barr requested a show of hands of all who were present to speak on this item stating Council welcomes the public’s input but requests that questions and comments not be repeated but limited to new information.

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

• Raeford McCormick, 1426 Bel Air Dr., stated he is concerned that universities and tax-exempt entities are trying to control. Mr. McCormick further stated he wants to see more people coming into town for the economic benefit of bringing in money and jobs.
• Maxine Perini, stated she came to Abilene in 1936 and that Abilene is a big enough city now to represent everyone. Ms. Perini further stated schools and churches should not be able to deny access to restaurants that serve alcohol.
• Joe Spano, 2700 Arrowhead, stated he has two points; he supports the changes to wholesale and manufacturing, but is against new restaurants coming into Abilene at this point – not forever, but that right now he is against it.
• Josh Allen, 2502 Collard Rd., stated he opened a restaurant in 1997 and paid a premium for the property in order to have a liquor license, and it’s not fair to change the law to allow owners of previously prohibited property to be able to obtain liquor licenses now.
• Ron Pughes, 129 Pack Saddle Pass, stated he is a restaurant owner, and bringing more restaurants to Abilene will widen the gap in profits to current restaurants. Mr. Pughes urged Council to look at a different avenue.
• George Nichols, 34 Muirfield, stated Abilene cannot remain in the "now", it must move forward. Mr. Nichols stated what happens over the next 10 years depends on the tone the Council sets, which is important and urged the Council to look to the future.
• Robert Morris, 1390 Amarillo, stated he echoes Mr. Nichols comments that he is in favor of wholesale/manufacturing and of the other changes. Mr. Morris added if places like San Angelo can support more restaurants so can Abilene, and that competition is good.
• Bill Cowan, 1527 Yeoman’s Rd., stated he is in favor of all changes.
• Joe Spano told a customer story, and stated he needs more people to service his current restaurant.
• Raul Ruiz, 2230 Minter Lane, asked why churches can’t be required to get permits too which would even the playing fields, and urged Council to change the ordinance for everyone’s benefit.
• Lee Henson, 1617 Woodridge, stated he feels this is micro development, and that there are a lot of other businesses besides restaurants that can be tied to this.
• Randall Reedy, 2617 Woodlake, stated he has property that suffers because they can’t sell liquor due to universities & hospital control. Mr. Reedy stated approving the issue would not be detrimental to Abilene, but will provide a level playing field.
• Ed Enzor, 1325 Canterbury, stated manufacturing/distribution/warehouse under the current proposal (where properly zoned) can be placed next to AHS, CHS, Mann, etc. Mr. Enzor stated children will be subjected to a huge amount of advertisement, and urged Council to reinstate the 300’ buffer for manufacturing/distributing plant to reduce the amount of influence on children in their making wise choices on how they use alcohol.
• Randall Blake, 212 Vermont Ct, Dyess AFB, stated he is speaking from a personal view, not on behalf of DAFB. Mr. Blake stated he volunteered to come to Abilene due to the low crime in Abilene, and while people want growth, growth at all costs is not worth it. Mr. Blake stated alcohol is a message we send to people about our values and we need to keep in mind that growth with the wrong type of businesses can hurt as much as help.
• Robert Morris mentioned off premise sale near the University & hospital, stating people of university age are allowed to buy alcohol, so why do we care where they buy it. Mr. Morris noted that city staff & the P&Z Commission recommend the changes.
• Tom Niblo, 3401 Curry Lane, stated the city would benefit as a whole, and that this is about economic development and not about the city raising children.

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

Mayor Barr stated following a question and answer period with Council’s consensus the amendments would be voted on separately beginning with the ones that Council appears to be in agreement with.

Council and staff discussion included: deleting the words "and college university" from Amendment #2, adding the word "valid" to food & beverage certificate in Amendment #3, deleting the words "and manufacturing" from Amendment #1 and restrict signage for those uses within church and school buffers, vehicles involved in interstate commerce not being under the city’s control (what’s placed on side of trucks) i.e.; Budweiser trucks could be in the area.

Mayor Barr stated his support of the Community Task Force recommendations and noted his support of the amendments to the ordinance as recommended.

Councilman Carrillo made a motion to approve amendment #3, Exempt restaurants that serve alcohol from the separation requirements of a "liquor store on-premise consumption" under specified conditions, as proposed with the addition of the word "valid" as it refers to the TABC food and beverage certificate. Councilman Beckham seconded the motion and the motion carried.

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

NAYS: Councilman McNeil.

Councilwoman Alexander made a motion to approve amendment #4, Clarify that buffered uses (i.e., churches, schools, hospitals) must be the primary use of the property, as proposed. Councilman Archibald seconded the motion and the motion carried.

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

NAYS: None.

Councilman Southward made a motion to approve amendment #1, deleting the words "and manufacturing" Delete wholesale sales from the definition of "liquor store", and restrict signage for those uses within church and school buffers. Councilman Carrillo seconded the motion and the motion carried.

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

NAYS: None.

Councilman McNeil made a motion to approve amendment #2, deleting the words "and college-university" Delete the hospital zoning buffer for beer and wine licensees. Councilman Southward seconded the motion and the motion carried.

AYES: Councilmen Archibald, Southward, Carrillo, Beckham, and McNeil.

NAYS: Councilwoman Alexander and Mayor Barr.

Council stated appreciation to all in attendance and to those that worked on the Ordinance.

Councilman Beckham made a motion to approve the Ordinance amending Sections 23-306.4; 23-306.5.H(13)(14)&(15); and 23-363 of the Zoning Ordinance pertaining to the location requirements and definitions for liquor related businesses, as recommended by the Planning & Zoning Commission and staff, with amendments as approved by Council. Councilman McNeil seconded the motion and the motion carried.

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

NAYS: None.

The Ordinance is numbered 17-2001 and is captioned as follows:

Amendments (for clarification) are as follows:

OFF-PREMISE ESTABLISHMENTS (i.e., no consumption is allowed)

ON-PREMISE ESTABLISHMENTS (i.e., consumption at point of sale)

• Hold a valid TABC food & beverage certificate (establishments that derive less than 50% of gross receipts from the sale of alcohol, have a full-service kitchen, offer a minimum number of entrees, and serve food at all times while alcohol is served)
• Have no exterior signage depicting alcohol brands
• Comply with performance standards for noise, light and glare.

RELATED AMENDMENTS

The Council recessed at 10:45 a.m. and reconvened at 10:50 a.m.

4.6 Richard Gertson, Director of Community Development, briefed the Council on a Resolution approving the FY 2001-2002 One-Year Action Plan for the Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) Programs. Staff recommends approval of the Resolution. Mr. Gertson stated the City is required to submit a one-year action plan outlining specific uses of Community Development Block Grant (CDBG) and Home Investment Partnerships Program (HOME) funds planned for the coming fiscal year. Mr. Gertson stated CDBG/HOME funding guidelines and applications were made available to the public from April 13–27, and a summary of the One-Year Action Plan outlining the proposed FY 2001-2002 budget was published in the Abilene Reporter News on June 24, (which began the HUD-required 30-day comment period). As of July 17, 2001 no written comment has been received in response to the proposed Action Plan as published. There will be no impact on local taxes and projects are to be funded using 2001 Entitlements; $1,481,000 CDBG, $596,000 HOME, plus $428,888 in prior year reprogrammed funds. Staff anticipates receiving at least $50,000 in program income during the year. Mr. Gertson further stated in reviewing the request from Meals on Wheels staff has determined there are elements of the request that are consistent with other objectives in the CDBG program which make it appropriate for funding. Staff supports $50,000 for current MOW funding and additional funding may be considered in the future following a further review by staff with Meals on Wheels representatives.

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

• George Knight, 842 Milburn St., Chair of Board of Directors for Meals on Wheels Plus, requested full funding for $130,000 and distributed the detailed budget request.

Discussion among Council and Mr. Knight included: historically Council has given the "last" dollars in a funding request, if $50,000 is approved then at year-end the requested balance could be reviewed, the MOW campaign time line with ground breaking expected by the end of year, the possible long term commitment of city funds due to a lengthy campaign and funding support from foundations.

* Ken Baker, 710 Byrd Dr., Meals on Wheels board member, stated the timing of the contribution is important in receiving funds from a major foundation. Foundations want to know secure funds have been obtained to match their funding. All funding is urgent with the commitment plus dollars needed in hand by calendar year end.

• Betty Blazier-Bradley, Executive Director for Meals on Wheels, recognized all Meals on Wheels board members present.

Mayor Barr asked Kathy Webster, Chair of the City Services subcommittee of the Community Development Task Force, to address the request for a Code Enforcement Officer. Ms. Webster stated the Committee decision was that the City needs this officer for overall cleaning up of the city.

Council and staff discussion included: the $130,000 being allocated if by April 1^st MOW raised their funds, if approved the $130,000 could come from the CDBG Capital Improvement Program or other options could also be considered.

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

Councilwoman Alexander made a motion to approve the Meals on Wheels $130,000 CDBG funding request (allocated from CIP), contingent upon Meals on Wheels raising the other needed funding by April 1, 2002. Councilman McNeil seconded the motion and the motion carried.

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

NAYS: None.

The Resolution is numbered 29-2001 and is captioned as follows:

4.7 Richard Gertson, Director of Community Development, briefed the Council on an Oral Resolution approving a contract with BRW/URS for Comprehensive Planning Services. The Planning and Zoning Commission and staff recommend approval. Mr. Gertson stated the comprehensive plan establishes policies affecting urban systems such as transportation, open space and public facilities, and translates those policies into land-based solutions. Plan formulation is highly participatory and demands consensus building around central visions for the community’s future. Zoning, subdivision controls and other land use decisions should conform to the rationale of a comprehensive plan. Mr. Gertson then introduced Elizabeth Grindstaff, Planning Services Administrator, who presented a background on the Comprehensive Plan and information on the consultants. Abilene’s last comprehensive plan was adopted in 1973 and is obsolete no longer providing direction for decision-making. The ACE (Abilene Community Excellence) task force identified development of a new comprehensive plan as the second highest priority among all strategies. Staff interviewed three highly respected firms that specialize in comprehensive planning and recommend the services of BRW, a Phoenix based company with an office in Dallas. The contract has a lump sum cost of $198,360, and should be complete by January 1, 2003. The Planning & Zoning Commission met with BRW key personnel in a workshop on June 18. The proposed contract will not impact the General Fund due to the $188,130 funds being available in the current year reallocated CDBG program. The balance is included in the HUD FY 01 CDBG program. The Plan will incorporate current studies and plans (all elements of the community) and once completed will be brought back to Council. The Council is invited to the meetings that will be held during the process of the product.

Councilman Beckham moved to approve, by Oral Resolution, the contract with BRW/URS for Comprehensive Planning Services as recommended by the Planning & Zoning Commission and staff. Councilman Carrillo seconded the motion and the motion carried.

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

NAYS: None.

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 to consider the purchase, exchange, lease or value of real property.

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

There being no further business, the meeting was recessed to the Basement Conference Room for the Budget Work Session.

_____________________________ ______________________________

Jo Moore Grady Barr

City Secretary Mayor