CITY COUNCIL MEETING December 1, 2005, 8:30 a.m. CITY COUNCIL OF THE CITY OF ABILENE, TEXAS COUNCIL CHAMBERS, CITY HALL

CITY COUNCIL MEETING, 8:30 a.m. CITY COUNCIL OF THE CITY OF ABILENE, TEXAS COUNCIL CHAMBERS, CITY HALL The City Council of the City of Abilene, Texas, met in Regular Session on, at 8:30 a.m. in the Council Chambers at 555 Walnut Street. Mayor Pro Tempore Kris Southward was present and presiding with Councilmen Sam Chase, Anthony Williams, John Hill, Stormy Higgins and Councilwoman Laura Moore. Also present were City Manager Larry Gilley, City Attorney Sharon Hicks, Assistant City Secretary Renee Scott, and various members of the City staff. Mayor Archibald arrived at 8:55 a.m. Councilwoman Moore gave the invocation. Mayor Pro Tempore Southward introduced Phuong Dang who led the Pledge of Allegiance. Phuong is a 5 th grade student from College Heights Elementary School. Phuong s principal, Tina Jones was also present. EMPLOYEE SERVICE AWARDS Mayor Pro Tempore Southward, assisted by Assistant City Secretary Renee Scott, presented Employee Service Awards to the following individuals for their years of service: 25 Years Clifford Moore Maintenance Worker I Traffic Division 25 Years JoAnn Sczech Executive Secretary Planning and Development Services 20 Years Joseph Helm Animal Control Officer II Animal Services Mayor Pro Tempore Southward noted that at approximately 11:00 a.m. Council will move to Regular Agenda item 4.10 for the report on and consideration of the bids for the Sale of Certificates of Obligation, Series 2005A in the amount of $10,930,000 for the Public Safety Communications System. Mayor Pro Tempore Southward stated that Regular Agenda item 4.11, discussion and possible action concerning Rescue the Animals adoption center will be considered as the first item on the Regular Agenda. The Mayor Pro Tempore further stated Regular Agenda item 4.1, Oral Resolution authorizing execution of an agreement transferring from the City of Abilene to the Texas Parks and Wildlife Department (TPWD) certain management responsibilities of City owned property including and surrounding Lake Abilene, and Regular Agenda item 4.2, Ordinance adopting Standards of Care for the City of Abilene s youth programs will be considered after Regular Agenda item 4.9, Z-2005-36 Request to amend existing PDD #95, property located at 402 Arnold Boulevard on the Regular Agenda. DISPOSITION OF MINUTES 2.0 There being no corrections, additions, or deletions to the November 17, 2005 Regular Council

Page 2 Meeting Minutes Councilman Chase made a motion to approve the minutes as presented. Councilman Hill seconded the motion, and the motion carried. AYES: Councilmen Chase, Williams, Hill, Higgins, Councilwoman Moore, and Mayor Pro Tempore Southward. ABSENT: Mayor Archibald CONSENT AGENDA Councilman Williams made a motion to approve consent agenda items 3.1 through 3.5, and first reading of items 3.6 and 3.7, and item 3.8 as recommended by staff. Councilwoman Moore seconded the motion, and the motion carried. AYES: Councilmen Chase, Williams, Hill, Higgins, Councilwoman Moore, and Mayor Pro Tempore Southward. ABSENT: Mayor Archibald Resolutions: 3.1 Oral Resolution approving the appointment of Stephanie Kraly to the Keep Abilene Beautiful, Inc. Board, term expiring September 2008. 3.2 Oral Resolution authorizing the City Manager to execute a Tittle Luther Partnership Contract Amendment Terminal Renovation Phase IV Project at a total cost of $116,000.00. 3.3 Oral Resolution authorizing the City Manager to execute Enprotec/Hibbs and Todd Task Order 8, Parking Lot Improvements Preliminary Design. 3.4 Oral Resolution authorizing the City Manager to execute Enprotec/Hibbs and Todd, Task Order 7, Terminal Area Drainage Improvements. 3.5 Resolution approving Preserve America Presidential Community Grant Application. The Resolution is numbered 40-2005 and captioned as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ABILENE, TEXAS, INDICATING A COMMITMENT TO THE PRESERVATION OF THE HERITAGE OF THE CITY OF ABILENE AND SEEKING FUNDS THROUGH THE PRESERVE AMERICA COMMUNITY INITIATIVE.

Page 3 Ordinances: 3.6 Ordinance to amend Chapter 23, Subpart C, Signs and Billboards, of the Abilene Municipal Code regarding neighborhood and district identifications signs located in the public right-ofway; and set a public hearing for December 15, 2005 at 8:30 a.m. AN ORDINANCE AMENDING CHAPTER 23, PLANNING AND COMMUNITY DEVELOPMENT, SUBPART C, SIGNS AND BILLBOARDS, OF THE ABILENE MUNICIPAL CODE, BY AMENDING CERTAIN SECTIONS AS SET OUT BELOW; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY AND CALLING A PUBLIC HEARING. 3.7 Ordinance to amend Sections 23-161(F) Sign Regulations of the Abilene Municipal Code regarding monument signage; and set a public hearing for December 15, 2005 at 8:30 a.m. AN ORDINANCE AMENDING CHAPTER 23, PLANNING AND COMMUNITY DEVELOPMENT, SUBPART C, SIGNS AND BILLBOARDS, OF THE ABILENE MUNICIPAL CODE, BY AMENDING CERTAIN SECTIONS AS SET OUT BELOW; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY AND CALLING A PUBLIC HEARING. 3.8 Bid #CB-6010 Lake Kirby playground equipment. The bid was awarded as follows: Southwest Parks & Playgrounds, Denton, TX for a total amount of $22,795.00 Item 1: Playground equipment structure for 5-12 year old age group in the amount of $20,322.00 Item 3: Bay swing set in the amount of $2,473.00 Jim Lea & Associates, Inc., Richardson, TX in the amount of $11,991.00 Item 2: Playground equipment structure for 2-5 year old age group in the amount of $11,991.00. Mayor Archibald arrived at the meeting. REGULAR AGENDA The Regular Agenda items were considered in the following order: Item 4.11, Items 4.3 4.6, Item 4.10, Items 4.7 4.9, and Items 4.1 and 4.2. 4.11 Larry Gilley, City Manager introduced Paul Washburn of Rescue the Animals to present Council with a proposal for construction of an animal adoption center. Mr. Washburn stated Rescue the Animals is proposing a three prong approach of dealing with the care and destruction of animals by: 1) building an animal shelter that is sufficiently sized to handle the flow of animals; 2) a low cost spay and neuter program, and; 3) education program for all children in the Abilene Independent School District. Mr. Washburn described the proposed shelter concept as being a factory outlet or super store approach which would allow individuals to see more

Page 4 adoptive animals at one time than almost anywhere in the State of Texas. Mr. Washburn noted the proposed shelter concept would place Abilene in the forefront of not only our region but in all the regions of the state. Mr. Washburn further noted the involvement of individuals is very important for the adoption of animals and the proposed shelter concept will be inviting to individuals to come in and choose their animal. Mr. Washburn stated the proposed facility would not be a no kill facility in the beginning due to the large volumes of animals, but it would be an extended stay facility in order to give the animals more chances for adoption. Mr. Washburn described the proposed animal adoption facility as having 88 indoor and covered outdoor dog runs, 75 two-tiered cat condos, an educational room for students, a spay and neuter clinic, large exercise yards, and a dog park adjacent to the facility. Mr. Washburn noted the educational programs will be extremely important in working with school children not only in Abilene and Taylor County but in the entire region, visitors from the Abilene Zoo, and to establish intern veterinarian programs with the local universities, Cisco Junior College (CJC), and Texas State Technical College (TSTC). Mr. Washburn stated the spay and neuter clinic will not be in competition with local veterinarians and reviewed statistics and operations of various low cost organizations. Mr. Washburn further stated another reason the spay and neuter clinic will not affect local veterinarians is because the services will be restricted to only spay and neuter and the rabies vaccination would be administered only if the animal is being spayed or neutered. Mr. Washburn noted individuals will access the spay and neuter clinic on a prequalification of income, completed by a third party, or by a veterinarian referral. Mr. Washburn stated Rescue the Animals has raised $2,000,000 million dollars for the proposed animal adoption center and they are proposing to build and donate the facility to the City of Abilene. Mr. Washburn further stated the City would be asked to extend utilities, parking lot and site preparation, and to establish an agreement for Rescue the Animals to donate an amount of $35,000 every year to expand and run the programs of the facility. Mr. Washburn noted Rescue the Animals would designate $10,000 towards the salary of the director of the facility in order to upgrade that position and Rescue the Animals would give another $25,000 a year on a dollar to dollar match with the City. Mr. Washburn stated the template that the proposal originates from is the contract that the City has with the Abilene Zoological Society and in that proposed contract Rescue the Animals would help the City formulate policies, promoting the facility, raising funds, and setting up a sustaining members fund. Mr. Washburn noted Rescue the Animals will not receive or handle any City funds, their only involvement would be to participate in the management of the proposed facility. Mr. Washburn reviewed the proposal for the funding of the proposed facility as follows: Increase the City pet license fee by $7.00 per year. Revenue figures based on the current number of licenses: 19,000 licenses x $7.00 = $133,000.00 per year new revenue 1 st year increase licenses by 22%: $133,000 old licenses with new fee 54,340 new licenses $187,340 Total additional revenue 2 nd year reach a total increase of 50% more licenses than at present: (move from current 19,000 to about 28,500 licenses) $133,000 old licenses with new fee 123,500 new licenses $256,500 Total additional revenue

Page 5 Mr. Washburn stated the pet owners should fund the proposed project first and then if needed the tax payers can be viewed as another possible source of revenue. Mr. Washburn further stated the citizens of Abilene can afford and will support the proposed project due to the moral impact, which will revolutionize the animal problem in Abilene. Council and staff discussion included: 1) the amount of interest the proposed animal adoption center has generated; 2) the City of Abilene being in the animal business and this proposed facility moving the City into the next level of the animal business; 3) Council stated appreciation to Mr. Washburn and the individuals that have raised the funds in making theirs a successful partnership; 4) staff s clarification on a variety of ways to approach the funding of the proposed animal adoption center; 5) the possibility of the Abilene Zoological Society being one of the models to follow; 6) Council viewing this proposal as one with vision and integrity; 7) Council s support for the project but recognizing the need to research all avenues for the funding; 8) Council s concerns of the proposed facility competing with veterinarians, and; 9) Council directed staff to bring a recommendation to the January 12, 2006 Council meeting for the funding and a draft of an operating agreement for the proposed animal adoption center. No Council action required. 4.3 Jon James, Director of Planning and Development Services briefed the Council on TC-2005-8, an ordinance considered on second and final reading to abandon a 10 foot wide by 125 foot long alleyway dedication extending north from North 17 th Street, between Pine Street and Cypress Street. Mr. James stated the applicant, Morgan D. Green owns over half of the properties on the block and Hendrick Medical Center owns the other half. Mr. James noted the applicant has no immediate plans for these properties and feels that the abandonment of this unusable alleyway dedication could open up more possibilities for the use of his land. The Plat Review Committee reviewed the request and recommended approval with the condition that the full 10 feet of right-ofway be retained as a utility easement because of a buried sewer line. Staff and the Planning and Zoning Commission recommend approval of the request. Council and staff discussion included: 1) Council s appreciation to staff for the clearly identified information provided, and; 2) staff clarifying the number of individuals opposed to the request. Mayor Archibald 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 made a motion to approve TC-2005-8, an ordinance considered on second and final reading to abandon a 10 foot wide by 125 foot long alleyway dedication extending north from North 17 th Street, between Pine Street and Cypress Street with the full 10 foot width being retained as a utility easement with full access to all utilities. Councilman Higgins seconded the motion, and the motion carried. AYES: Councilmen Chase, Williams, Hill, Higgins, Southward, and Councilwoman Moore.

Page 6 ABSTAIN: Mayor Archibald The Ordinance is numbered 59-2005 and captioned as follows: AN ORDINANCE PROVIDING FOR THE ABANDONMENT OF A PUBLIC RIGHT OF WAY; PROVIDING FOR THE TERMS AND CONDITIONS OF SUCH ABANDONMENT, AND CALLING A PUBLIC HEARING. 4.4 Jon James, Director of Planning and Development Services briefed the Council on TC- 2005-9, an ordinance considered on second and final reading to abandon 2 feet of right-of-way from Piedmont Drive and Milford Street along the north and south property lines of 750 North Judge Ely Boulevard. Mr. James stated in 1978 a site plan was approved for this apartment complex that showed the parking spaces along the north and south property lines encroaching into the right-of-way a total of two feet, subsequently the parking lots were built to the specifications of the site plan. Mr. James further stated on September 13, 2005 the applicant, Mesquite Square LLC., received a special exception from the Board of Adjustment to build covered parking five feet from the front property line along North Judge Ely Boulevard. The applicant also received two five-foot variances along the north and south property lines adjacent to Piedmont Drive and Milford Street. However, since the parking lots encroach into the right-of-ways on these two streets, the covered parking could not extend to cover the entire parking spaces due to the zoning code prohibiting any structures being built in the public right-of-way. Mr. James noted the applicant is requesting that the City abandon the two feet of parking lot encroachment on both streets. Mr. James further noted if the City abandons the area of encroachment, the applicant would have to replat the property to include both of these two foot wide strips of land and have a site plan approved before covered parking could be built over these parking spaces. The Plat Review Committee reviewed the request and recommends approval with the exception of the Traffic and Transportation Division who believes that covered parking is allowed to overhang into the public right-of-way as outlined in the 2003 International Building Code, Section 3202, thus making a thoroughfare closure unnecessary. Regardless of the building codes, the zoning regulations do not allow any projection into the public right-of-way except for some circumstances in the Central Business District. The variance that was granted by the Board of Adjustment is conditioned on the thoroughfare closure. Given these issues, the only way that covered parking can be provided over the parking spaces along Piedmont Drive and Milford Street is after a thoroughfare closure. Staff and the Planning and Zoning Commission recommend approval of the request. Council and staff discussion included: 1) clarification concerning the Traffic and Transportation Division s recommendation; 2) staff s clarification that structures cannot encroach in the right-of-way, and; 3) the applicant having followed the correct procedures involving a thoroughfare abandonment. Mayor Archibald opened a public hearing on the item and there being no one present and desiring to be heard the public hearing was closed.

Page 7 Councilman Higgins made a motion to approve TC-2005-9, an ordinance considered on second and final reading to abandon 2 feet of right-of-way from Piedmont Drive and Milford Street along the north and south property lines of 750 North Judge Ely Boulevard. Councilman Williams seconded the motion, and the motion carried. AYES: Councilmen Chase, Williams, Higgins, Southward, Councilwoman Moore, and Mayor Archibald. ABSTAIN: Councilman Hill The Ordinance is numbered 60-2005 and captioned as follows: AN ORDINANCE PROVIDING FOR THE ABANDONMENT OF A PORTION OF PUBLIC RIGHT OF WAY; PROVIDING FOR THE TERMS AND CONDITIONS OF SUCH ABANDONMENT, AND CALLING A PUBLIC HEARING. 4.5 Jon James, Director of Planning and Development Services briefed the Council on Z-2005-32, an ordinance considered on second and final reading to rezone 21.53 acres from AO (Agriculture Open Space) to RS-6 (Residential Single-family) zoning district, property located on the west side of Oldham Lane just south of the Lone Star Ranch PDD. Mr. James stated the property has been zoned AO (Agriculture Open Space) since it was annexed in 1980. Mr. James noted half of the property is currently used as agriculture land and the other half is a natural area made up of trees and other vegetation. Mr. James further noted if the 21.53 acre tract is rezoned to RS-6 (Residential single-family) and developed to the minimum lot size allowed (6,000 square feet) the number of lots would be a maximum of up to 120. The current land use in the surrounding area include some residential large lots, agricultural land, and a church. The Future Land Use section of the Comprehensive Plan designates this general area as low-density residential if it is developed. The Thoroughfare Plan shows proposed collector streets in this location, which would be built at the time of construction by the developer. Staff and the Planning and Zoning Commission recommend approval of the request. Council and staff discussion included: 1) the Comprehensive Plan designating area as lowdensity versus the proposal of high density; 2) staff s clarification of high-density being apartments and dense apartments, medium-density being tri-plexes and duplexes, and low-density being a typical single family to include an RS-6 (Residential single-family) zoning, and very lowdensity consisting of ½ acre, one acre, or 2 acre lots; 3) staff noting the proposed RS-6 zoning complies with low-density, and; 4) the proposed RS-6 zoning being consistent with the other lowdensity sub-divisions in the area. Mayor Archibald opened a public hearing on the item and the following individuals addressed the Council: Andy McCall, attorney representing the applicant, Steven West. Mr. McCall stated his appreciation to staff for the presentation. Mr. McCall noted the expected size of the homes to be built and addressed market demands.

Page 8 Perry Stockard, President of Stockard Investments and developer of Vaquero and Lone Star Ranch sub-divisions. Mr. Stockard stated he would prefer the proposed sub-division to be zoned as RS-8 (Residential Single-family) or RS-12 (Residential Single-family) due to Vaquero and Lone Star Ranch being very nice sub-divisions. Mr. Stockard further stated he doesn t feel that RS-6 zoning is consistent with the area and wants to protect his interests as well as his homeowners interests. Mr. Stockard noted the need for sidewalks in the proposed sub-division and further noted his desire for larger homes in the proposed sub-division. Terry Franklin of Central Real Estate. Mr. Franklin stated he has no opposition to residential zoning but wanted to voice his concerns involving a north south collector street that in the future could tie the proposed sub-division neighborhood together with Vaquero sub-division neighborhood. Mr. Franklin further stated he feels the minimum zoning needs to be RS-8 zoning. Pamela Stockard, co-developer of Vaquero and Lone Star Ranch sub-divisions. Ms. Stockard stated during the development process of Vaquero and Lone Star Ranch they worked very closely with the Planning and Zoning Commission and were encouraged to zone the area as a PDD (Planned Development District) to comply with the Comprehensive Plan. Ms. Stockard further stated she doesn t understand why the RS-6 zoning is now acceptable and is concerned about the density of the proposed sub-division as well as the future collector street. There being no one else present and desiring to be heard the public hearing was closed. Discussion included: 1) Lone Star Ranch lots being approximately 9,000 square feet and Vaquero having 1 ½ acre to 3 acre lots; 2) clarification of RS-6 zoning existing in the area; 3) the applicant is proposing to build 1,400 to 1,700 square feet homes in the sub-division due to the market demanding RS-6 homes that are of high quality and nice homes; 4) clarification that the applicant owns a total of 50 acres but is only requesting at the present time to rezone 21.53 acres to RS-6 and in the future will seek re-zoning of the remaining acreage to encompass approximately 180 residences on the entire 50 acres; 5) the possibility of 180 residences being constructed on 50 acres would allow for some residences to be as large as 8,000 square feet (RS-8 zoning); 6) rationale of the applicant wanting RS-6 zoning versus RS-8 zoning is to offer both 6,000 square feet (RS-6) residences and 8,000 square feet (RS-8) residences; 7) concerns surrounding the collector street tying the subdivisions together and RS-8 zoning would be better planning for the area; 8) the need for sidewalks in the proposed sub-division; 9) the collector street appearing on the thoroughfare plan only to affect a corner portion of the applicant s proposed subdivision versus going through the applicant s property; 10) the possibility of a PDD zoning district versus a RS-6 zoning district; 11) discussions with staff and the applicant concerning sidewalks and the sidewalk issue being reviewed during the platting process; 12) Council s concerns of why a PDD zoning district was not discussed with the applicant; 13) staff s clarification of trying to balance zoning districts; 14) Council s concerns of not requiring sidewalks; 15) staff s clarification that currently the City does not require sidewalks but staff is preparing a sidewalk master plan that will ultimately come before Council as a policy decision; 16) the possibility of a proposal for quality of construction issues being placed in the Land Development Code and the consultants to review raising the standards for the quality of construction; 17) Council s concerns of staff not suggesting a PDD to the applicant due to the future quality of the residences and

Page 9 neighborhoods; 18) the need to address the maintenance of residences and neighborhoods through building standards; 19) there being a market for RS-6 residences and staff s determination of where these residences are built to offer a good mixture for both residences and neighborhoods; 20) Council s concerns of not having policies in place to support the growth; 21) clarification that staff requested a PDD for the Stockard s sub-division due to the type of development and Council stating the need for RS-6 residences; 22) the applicant not being opposed to placing sidewalks in the proposed sub-division; 23) staff s clarification that the City cannot require sidewalks and Council s clarification that an individuals comments cannot be considered as binding, and; 24) Council s support of the RS-6 zoning and also the support of the developers knowing the market and what is best for their business. Councilman Williams made a motion to approve Z-2005-32, an ordinance considered on second and final reading to rezone 21.53 acres from AO (Agriculture Open Space) to RS-6 (Residential Single-family) zoning district, property located on the west side of Oldham Lane just south of the Lone Star Ranch PDD. Councilman Southward seconded the motion, and the motion carried. AYES: Councilmen Chase, Williams, Higgins, Southward, Councilwoman Moore, and Mayor Archibald. NAYS: Councilman Hill The Ordinance is numbered 61-2005 and captioned as follows: AN ORDINANCE OF THE CITY OF ABILENE, TEXAS AMENDING CHAPTER 23, SUBPART E, ZONING, OF THE ABILENE MUNICIPAL CODE, BY CHANGING THE ZONING DISTRICT BOUNDARIES AFFECTING CERTAIN PROPERTIES; CALLING A PUBLIC HEARING; PROVIDING A PENALTY AND AN EFFECTIVE DATE. 4.6 Jon James, Director of Planning and Development Services briefed the Council on Z-2005-33, an ordinance considered on second and final reading to rezone 7.2 acres from LC (Limited Commercial) to PDD (Planned Development District) zoning district, property located approximately 700 feet east of Hwy 83-84 on the south side of Beltway South. Mr. James stated the property is mostly vacant and is adjacent to other vacant land and lowdensity residential homes. The northern 85% of the property was annexed in 1980 and zoned AO (Agriculture Open Space) until it was rezoned in 1995 to LC (Limited Commercial). The southern portion of the property was annexed in 1995 and has remained LC (Limited Commercial) since that time. Mr. James stated the applicant is not proposing any specific commercial uses with any certainty at this time, however, during discussions with staff the applicant has suggested the possibility of having self-storage units on the southern portion of the property. The Future Land Use section of the Comprehensive Plan designates this general area as a mixed-use gateway if it developed and the objective of a mixed-use gateway is to promote a mix of mutually supportive and integrated residential and non-residential land uses. Staff and the Planning and Zoning Commission recommend approval of the request.

Page 10 Council and staff discussion included: 1) staff s determination that the applicant s proposal is to have 2 to 4 lots of commercial development at the front of the property and storage units on the rear portion of the property; 2) a PDD (Planned Development District) was chosen to offer a buffer from GC (General Commercial) to residential and to allow more uses for the property; 3) Council s concerns of the signage restrictions being to lenient; 4) staff s clarification of one sign per lot and additional re-platting being required to develop multiple lots; 5) Council s concerns on landscaping requirements; 6) staff clarifying if there is a fence no landscaping is required on the property, but if there is no fence landscaping is required; 7) Council s support of the developer, and; 8) the possibility of a PDD providing protection for homeowners. Mayor Archibald opened a public hearing on the item and the following individual addressed Council: Terry Franklin, developer. Mr. Franklin stated he is the owner of the adjoining tract of eight acres that was developed as a convenience store site and he further stated a business deal was made with the City to locate a water tower on the acreage and in turn the City would provide utilities to the site. Mr. Franklin noted the proposed site has been used for various different industrial activities. Mr. Franklin further noted the early plans are to develop 3 to 4 tracts in the front of the property and have had inquires from home builder offices and day care sites for possible uses, which can be incorporated into the PDD. Mr. Franklin stated they had approached staff with the idea of developing higher end storage units on the 4 to 5 acres of the rear portion of the property, however the existing LC (Limited Commercial) zoning would not support that. Mr. Franklin further stated due to that fact they requested GC (General Commercial) and staff would not support that zoning, therefore after discussions with staff and the Planning and Zoning Commission it was decided to proceed with a PDD. Mr. Franklin reviewed with Council various photos of the rear portion of the property in relation to the property line of the residences, as well as photos of the possible style of the proposed storage buildings. There being no one else present and desiring to be heard the public hearing was closed. Councilman Chase made a motion to approve Z-2005-33, an ordinance considered on second and final reading to rezone 7.2 acres from LC (Limited Commercial) to PDD (Planned Development District) zoning district, property located approximately 700 feet east of Hwy 83-84 on the south side of Beltway South as recommended by staff and the Planning and Zoning Commission. Councilman Southward seconded the motion, and the motion carried. AYES: Councilmen Chase, Williams, Higgins, Southward, Councilwoman Moore, and Mayor Archibald. ABSENT: Councilman Hill The Ordinance is numbered 62-2005 and captioned as follows: AN ORDINANCE OF THE CITY OF ABILENE, TEXAS, AMENDING CHAPTER 23, SUBPART E, ZONING, OF THE ABILENE MUNICIPAL CODE, CONCERNING

Page 11 Bid Award: PDD-100 PLANNED DEVELOPMENT DISTRICT; CALLING A PUBLIC HEARING; PROVIDING A PENALTY AND AN EFFECTIVE DATE. Council recessed for a break at 11:00 a.m. Council reconvened at 11:05 a.m. 4.10 At approximately 11:00 a.m., the Council moved to item 4.10, Award of Bid, and to consider the ordinance authorizing the issuance of City of Abilene, Texas, Combination Tax and Revenue Certificates of Obligation, Series 2005A in the amount of $10,930,000 for the Public Safety Communications System. David Wright, Director of Finance, assisted by George Williford of First Southwest Company, briefed the Council on the bids received and on the Ordinance authorizing the issuance of City of Abilene, Texas, Combination Tax and Revenue Certificates of Obligation, Series 2005A in the amount of $10,930,000 for the Public Safety Communications System. Councilman Hill made a motion to approve the bid from Morgan Keegan & Company, Inc. with a true interest cost of 3.926638 percent; and to approve the Ordinance authorizing the issuance of City of Abilene, Texas, Combination Tax and Revenue Certificates of Obligation, Series 2005A in the amount of $10,930,000 for the Public Safety Communications System, as recommended by staff. Councilwoman Moore seconded the motion, and the motion carried. AYES: Councilmen Chase, Williams, Hill, Higgins, Southward, Councilwoman Moore, and Mayor Archibald. The Ordinance is numbered 66-2005 and captioned as follows: AUTHORIZING THE ISSUANCE OF CITY OF ABILENE, TEXAS COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, SERIES 2005A, IN THE PRINICPAL AMOUNT OF $10,930,000 AND OTHER MATTERS RELATED THERETO. 4.7 Jon James, Director of Planning and Development Services briefed the Council on appealed item Z-2005-34, an ordinance considered on second and final reading to rezone 0.38 acres from AO (Agriculture Open Space) to RS-12 (Residential Single-family) zoning district, property located south of the 2000 block of Benz Drive and north of South 21 st Street. Mr. James stated the applicant, Quirico U. Torres, M.D., proposes to rezone two small parcels of property to combine them with existing RS-12 (Residential single-family) zoned property to plat two lots for residential development. These two vacant parcels are triangular in shape and would be combined with other land to create two lots. Mr. James noted these parcels are part of a strip of land that the applicant purposely left zoned AO (Agriculture Open Space) and unplatted when he developed the Oldham-Forbes Subdivision, which was done to avoid making what otherwise would

Page 12 have been required improvements to South 21 st Street. The area was annexed in 1957 and has remained AO since that time. The adjacent subdivision was rezoned from AO to RS-12 in 1995. Mr. James stated the applicant proposes rezoning the small parcels to add them to land already zoned RS- 12 to plat lots. Mr. James noted the proposal differs from the approved Preliminary Development Plan that was approved in 1995 and if this rezoning is approved, the applicant will be required to submit a new Preliminary Development Plan prior to the final plat review. Mr. James stated a 120 foot strip of land was left in AO zoning and unplatted when the applicant developed the subdivision so that he could avoid making improvements to both South 21 st Street and Lakeside Drive. Mr. James noted although all of the internal infrastructure for the subdivision was installed at the time of the first plat of Oldham-Forbes, very few lots were platted initially and since then the applicant has platted one lot at a time as buyers have committed to purchasing them. Mr. James further noted all approved plats to date have generally conformed to the Preliminary Development Plan. Mr. James stated the applicant now wants to encroach into one of the strips of land to make larger lots at these locations and this will create a variety of issues to be addressed in the platting process. Mr. James noted staff s opinion is that if the applicant wants to start utilizing the strips of land, then the entirety of the strips of land should be rezoned to RS-12 and put into a Preliminary Development Plan. Mr. James further noted this proposal has been discussed with the applicant and the applicant does not want to do this. Expansion of residential zoning in this area is reasonable and consistent with recommendations of the Comprehensive Plan. However, zoning should be done in a thoughtful way that implements good planning and development practices, not in a way that seeks to avoid reasonable development requirements. Staff and the Planning and Zoning Commission recommend denial of the request. Council and staff discussion included: 1) the size of the lots being approximately 15,000 square feet and 13,000 square feet; 2) currently the property is not platted to be more than one lot size; 3) the possibility of a thoroughfare abandonment of E.S. 21 st Street; 4) staff s clarification that the developer s property would need both E.S. 21 st Street and Lakeside Drive to have access to any lots that were developed; 5) Council s concerns surrounding the use of E.S. 21 st Street and how the future development of lots will impact the street, and: 6) Council s support of the developer and his future plans for development of the lots. Mayor Archibald opened a public hearing on the item and the following individual addressed the Council: Quirico Torres, M.D., applicant. Dr. Torres stated he wanted to clarify how things were represented in the Planning and Zoning Commission meeting and further stated he has an established practice in Abilene and will be a longtime resident. Dr. Torres noted in 1995 he received a letter from the City engineer that the development was approved and the reason for his proposal is to develop a nice neighborhood in the area. Dr. Torres reviewed the history of the property and stated he was not at today s Council meeting to argue with the Planning and Zoning Commission or City Hall, he just desires to develop a nice neighborhood. Dr. Torres stated that E.S. 21 st Street encroaches on his property and needs to be abandoned. There being no one else present and desiring to be heard the public hearing was closed.

Page 13 Discussion included: 1) the applicant has no plans to develop in the buffer zone; 2) Council s support of the developer to develop his property as he desires; 3) Council encouraging Dr. Torres to file for a thoroughfare abandonment of E.S. 21 st Street; 4) staff s concerns of future problems if the proposed zoning is approved as well as concerns surrounding road improvements; 5) staff clarifying when the final plat is submitted the applicant will have to pay a guarantee for the improvements to E.S. 21 st Street at the time of re-platting, and; 6) Council stating that this is the applicant s property and expressed their support of his business decision. Councilman Southward made a motion to approve appealed item Z-2005-34, an ordinance considered on second and final reading to rezone 0.38 acres from AO (Agriculture Open Space) to RS-12 (Residential Single-family) zoning district, property located south of the 2000 block of Benz Drive and north of South 21 st Street. Councilman Williams seconded the motion, and the motion carried. AYES: Councilmen Chase, Williams, Hill, Higgins, Southward, Councilwoman Moore, and Mayor Archibald. The Ordinance is numbered 63-2005 and captioned as follows: AN ORDINANCE OF THE CITY OF ABILENE, TEXAS, AMENDING CHAPTER 23, SUBPART E, ZONING, OF THE ABILENE MUNICIPAL CODE, BY CHANGING THE ZONING DISTRICT BOUNDARIES AFFECTING CERTAIN PROPERTIES; CALLING A PUBLIC HEARING; PROVIDING A PENALTY AND AN EFFECTIVE DATE. 4.8 Jon James, Director of Planning and Development Services briefed the Council on Z-2005-35, an ordinance considered on second and final reading to rezone PDD #65 to AO (Agriculture Open Space), RS-6 (Residential Single-family), and PH (Patio Home Overlay) zoning district, property located south of I-20 and Scottish Road, between Griffith Road and Loop 322. Mr. James stated a property owner requested to rezone 10 acres of the southeast corner of the PDD (Planned Development District) to AO (Agriculture Open Space). Mr. James noted as staff reviewed the property and the PDD (Planned Development District), staff determined that the time established development schedule portion of the PDD-65 ordinance directs the Planning Director to initiate rezoning of the property if the PDD failed to develop. Mr. James stated therefore staff initiated the rezoning of the PDD to AO zoning with the exception of Tracts 1 and 2, which are largely platted for residential development. Mr. James further stated staff contacted property owners in the PDD, including Charlie Wolfe, the owner of the majority of the residential subdivision. Mr. Wolfe expressed an interest in his residential subdivision being rezoned to a standard residential zoning classification as part of this process. Mr. James stated staff reviewed the plats and existing development to determine if this would create any non-conforming uses or non-conforming structures and it was determined the rezoning would not create any. Therefore, staff agreed that rezoning the property from PDD-65 (Planned Development District) to AO (Agriculture Open Space) and RS-6 (Residential single-family) with PH (Patio Home) Overlay would be appropriate. Through this proposed rezoning, RS-6 zoning would be applied to all residentially platted lots and the PH Overlay

Page 14 would be applied only to the 17 lots platted for those types of homes. Mr. James noted Mr. Wolfe stated a preference toward RS-8 zoning which would require a minimum lot size of 8,000 square feet instead of the 6,000 square feet minimum in RS-6 zoning. Staff informed Mr. Wolfe of the concern that 6 lots would be substandard in the area for RS-8 zoning and non of those 6 lots are developed. Mr. James noted one of the concerns is that the larger setback requirements in the RS-8 district may make it difficult to place a home on the lot that is similar in size to other homes in the area and further noted the smallest of the 6 lots is 7,452 square feet in the area and the other 5 lots are of a similar size. Mr. James stated this is a large area of undeveloped land in Abilene and the PDD specified some specific activities that have not developed and appear unlikely to develop, and due to that it would be appropriate to rezone the area to AO as a holding zone until future proposals are brought forward. The Comprehensive Plan shows much of this area as low-density residential. The northern portions of the area may be part of a major commercial activity center that extends up through and beyond the intersection of I-20 and Hwy 351. Staff and the Planning and Zoning Commission recommend approval of the request. Council and staff discussion included: 1) Council clarifying if a PDD (Planned Development District) does not develop it will go back to the original land use zoning by Council action; 2) staff s clarification concerning multiple owners of the property, and; 3) the possibility of re-platting some of the lots from RS-6 (Residential Single-family) to RS-8 (Residential Single-family) zoning districts. Mayor Archibald opened a public hearing on the item and there being no one present and desiring to be heard the public hearing was closed. Councilwoman Moore made a motion to approve Z-2005-35, an ordinance considered on second and final reading to rezone PDD #65 to AO (Agriculture Open Space), RS-6 (Residential Single-family), and PH (Patio Home Overlay) zoning district, property located south of I-20 and Scottish Road, between Griffith Road and Loop 322 as recommended by staff and the Planning and Zoning Commission. Councilman Williams seconded the motion, and the motion carried. AYES: Councilmen Chase, Williams, Hill, Higgins, Southward, Councilwoman Moore, and Mayor Archibald. The Ordinance is numbered 64-2005 and captioned as follows: AN ORDINANCE OF THE CITY OF ABILENE, TEXAS, AMENDING CHAPTER 23, SUBPART E, ZONING, OF THE ABILENE MUNICIPAL CODE CONCERNING PDD- 65, BY CHANGING THE ZONING DISTRICT BOUNDARIES AFFECTING CERTAIN PROPERTIES; CALLING A PUBLIC HEARING; PROVIDING A PENALTY AND AN EFFECTIVE DATE. Councilman Southward left the meeting. 4.9 Jon James, Director of Planning and Development Services briefed the Council on Z-2005-36, an ordinance considered on second and final reading to amend existing PDD #95, property located at 402 Arnold Boulevard.

Page 15 Mr. James stated the subject parcel is a 14 acre tract that was rezoned to PDD #95 (Planned Development District) in December 2004. The site was an abandoned mobile home park that has been reopened as a mobile home and RV park. Mr. James noted most of the site had been zoned MH (Mobile Home) since 1974 and the southeast corner had been zoned GC (General Commercial) since that time. Mr. James stated the applicant, Jack Wasson, purchased the site in 2005 and desires to modify the requirements for the mobile home park through an amendment to the existing PDD #95 ordinance. Mr. James further stated the park was originally designed to accommodate a much smaller type of mobile home that was common prior to the 1970 s. The previous owner, who purchased the property in 2004, attempted to create a number of lots that could accommodate larger, more modern mobile homes. Several of the remaining spaces were too small for any current models, and 30 of them were designated for recreational vehicle use. Mr. James stated the applicant recently purchased the property and wishes to eliminate the use of RV s by January 1, 2007. This time period will provide optional temporary housing for any construction workers during redevelopment of the site and allow enough time for current residents to relocate. Mr. James noted the PDD ordinance was originally approved in December 2004 and amended in February 2005 to reduce the minimum space size and setbacks. Mr. James stated the applicant is requesting a further reduction in space size and some setbacks after redesigning the park to accommodate a different configuration. His proposed spaces would be a minimum of 38 feet wide and 78 feet deep, with the mobile homes placed along one of the side lot lines to allow the largest yard possible on each space. The adjacent spaces would have no build easements to ensure that all structures maintain the minimum 10 feet fire separation and a clear definition of these easements will be required on the site plan for the development. Mr. James stated the proposed site plan is consistent with the applicant s original intention to create a mobile home subdivision with dedicated public streets and separately platted lots. Mr. James noted the proposed layout of the park will not meet the minimum standards as stated in the Subdivision Regulations and will require changes to the street layout and abundance of double-frontage lots. If left as a mobile home park, the proposed layout could remain virtually the same, but the interior streets would not require the amount of dedication proposed. The current PDD ordinance only requires 27 feet of paving, which will provide additional depth to the adjacent spaces. Approximately 40 spaces have frontage on two or more interior streets and the rear setback for these spaces, as proposed in the PDD ordinance, will be increased to a minimum of 10 feet to provide a bit more separation than the homes adjacent to the park boundary. Staff will require the front of each space to be designated on the site plan for consistency along the length of each interior block. Mr. James stated at this time the applicant is attempting the work within the limits of the existing layout to minimize the need for roadway and utility relocation. The applicant is still researching the details of subdividing and will submit a standard plat application at a later date if he so chooses and the proposed subdivision will be subject to all standard platting procedures and regulations. The Future Land Use portion of the Comprehensive Plan designates the area just south of the subject parcel as a Local Community Center. Although this location does not have a specific plan in place, the Comprehensive Plan generally calls for a mix of shopping, employment, entertainment, civic uses, and higher density housing within the Activity Center, with a transition to lower density housing in the surrounding neighborhoods. Mr. James noted the applicant proposes a total of 93 spaces with a density of approximately 6.6 units per acre. This is slightly lower than the maximum density permitted in RM-3 (Residential Multifamily) zoning, the least intense multi-family district. The development will be within walking

Page 16 distance of the Activity Center, which provides easy access and multiple options for transportation. The subject parcel is adjacent to Arnold Boulevard, one of the main corridors used to access Dyess Air Force Base. Although it is outside the city center, the redevelopment of this site would be consistent with the infill goals of the Comprehensive Plan and it will provide a more efficient use of existing infrastructure, residential uses consistent with the surrounding neighborhoods, and customers and employees for any future development within the nearby activity center. Staff and the Planning and Zoning Commission recommend approval of the request. Council and staff discussion included: 1) Council s concerns of reducing the size of the lots and set backs; 2) staff s clarification that limiting the lot sizes to smaller homes will result in an overall better development; 3) Council s concerns of the RV units not having adequate space for backing in an out of the lots; 4) staff clarifying the proposed new layout consists of through lots which will allow the unit to be pulled through versus backing in and out as well as some lots being larger than originally; 5) new owner will be responsible for the pouring of new concrete slabs for the mobile homes, and; 6) Council s concerns of maintenance standards being addressed and staff explaining in a recent workshop meeting involving Code Enforcement property maintenance standards were discussed and staff will be bringing a recommendation concerning property maintenance standards to Council at a future date. Mayor Archibald opened a public hearing on the item and the following individual addressed Council: Jack Wasson, applicant. Mr. Wasson stated he is the new owner of the property and had a different understanding of how the building process worked in the City of Abilene when he first bought the property. Mr. Wasson noted after purchasing the property he began to clean up the property and started making some needed improvements when he was told to cease any improvements until the proposal went before the City Council. Mr. Wasson further noted that he has done some landscaping and preparations needed for the paving of streets. Mr. Wasson stated he is proposing to construct a new perimeter fence and requested Council not hold him accountable for what is presently in place. Mr. Wasson further stated the lot sizes have been increased due to the fact of lessening the number of lots, which will result in a better layout for the development. Mr. Wasson noted he is a licensed representative of a mobile home factory and the homes that will be placed on the lots will be brand new homes not rentals. There being no one else present and desiring to be heard the public hearing was closed. Councilman Hill made a motion to approve Z-2005-36, an ordinance considered on second and final reading to amend existing PDD #95, property located at 402 Arnold Boulevard as recommended by staff and the Planning and Zoning Commission. Councilman Williams seconded the motion, and the motion carried. AYES: Councilmen Chase, Williams, Hill, Higgins, Councilwoman Moore, and Mayor Archibald.

Page 17 ABSENT: Councilman Southward The Ordinance is numbered 65-2005 and captioned as follows: AN ORDINANCE OF THE CITY OF ABILENE, TEXAS, AMENDING CHAPTER 23, SUBPART E, ZONING, OF THE ABILENE MUNICIPAL CODE, CONCERNING PDD-95 AND ORDINANCE NO. 38-2004 A PLANNED DEVELOPMENT DISTRICT; CALLING A PUBLIC HEARING; PROVIDING A PENALTY AND AN EFFECTIVE DATE. Councilmen Hill and Williams left the meeting. 4.1 Tommy O Brien, Director of Water Utilities briefed the Council on an agreement transferring from the City of Abilene to the Texas Parks and Wildlife Department (TPWD) certain management responsibilities of City owned property including and surrounding Lake Abilene by oral resolution. Mr. O Brien stated the Memorandum of Agreement conveys management and operational responsibility of about 1,612 acres of property, which has a common boundary with the western edge of the Abilene State Park. Mr. O Brien further stated the Texas Parks and Wildlife Department (TPWD) will operate the area as an extension to the State Park and the State Park has agreed to implement a long-term strategy to enhance wildlife habitat and protect and conserve natural resources. Mr. O Brien noted the agreement will provide for increased public use and enjoyment, result in construction of additional recreational facilities for use by local citizens and visitors, and allow for additional educational opportunities through partnerships with schools and organizations. The Memorandum of Agreement also establishes certain conditions for each party and the City will retain access to and control of the dam and all equipment related to raw water storage and the delivery system. The City and TPWD will work in partnership to develop a Site Management Plan to establish policies and procedures for operating, managing, and securing Lake Abilene, and a Site Development Plan will be created to identify unique areas and describe recommended uses for each. The agreement has a term of five years with the option to extend for additional five-year periods with written consent of both parties. The Water Department will contribute $40,000 annually to TPWD in lump sum payments from the annual Water and Sewer Operating Budget for the first five-year period. Robert L. Cook, Executive Director of TPWD, has reviewed and accepted the terms of the agreement and staff recommends approval of the agreement and to authorize the City Manager or his designee to execute all necessary documents related to the agreement. Council and staff discussion included: 1) the project being positively viewed for quality of life issues, and; 2) staff s clarification that the proposed agreement will lessen the City s funds needed to maintain the area from $50,000-$65,000 to $40,000 per year. Councilwoman Moore made a motion to approve authorizing by oral resolution the execution of an agreement transferring from the City of Abilene to the Texas Parks and Wildlife Department (TPWD) certain management responsibilities of City owned property including and surrounding Lake Abilene as recommended by staff. Councilman Higgins seconded the motion, and the motion carried. AYES: Councilmen Chase, Higgins, Councilwoman Moore, and Mayor Archibald.