5. Resolution: Receive a Report, Hold a Discussion and Public Hearing, and Take Action on Modifying and Extending the Declaration of Local Disaster (COVID-19) Issued September 9, 2021 (Robert Hanna)

[5. Resolution: Receive a Report, Hold a Discussion and Public Hearing, and Take Action on Modifying and Extending the Declaration of Local Disaster (COVID-19) Issued September 9, 2021 (Robert Hanna)]

CARRIES. >> WE WILL MOUNT MOVE TO ITEM NUMBER FIVE. AND WE WILL HAVE WITH THIS AS WELL AS OTHER EIDER ITEMS TODAY TWO MINUTE TIME LIMIT ON THE RESPONSE. JUST GIVE YOUR NAME FOR THE

RECORD. >> GOOD MORNING COUNSEL DAVID SCHWARTZ BRACKET. AGAIN WE KNOW THIS IS ABOUT FUNDING. THIS IS PORTRAYED FOR RELIEF AT THE LOCAL LEVEL. BUT I BELIEVE IT IS EXACTLY THE LAST COUNCIL MEETING WHEN YOU AUTHORIZED THE EXTENSION ON THIS THAT OUR PRESIDENT JOSEPH BIDEN JUNIOR TO THE AMERICAN WORKER NO SHOT NO WORK. WHETHER UNDER THE 14TH AMENDMENT IS SOME PEOPLE ALLEGE THAT IF THAT IS GOING TO HOLD UP OR NOT IS A DIFFERENT THING BUT REMEMBER, IF HE COULD DO THAT TO THE AMERICAN WORKER EVEN ALWAYS TOLD THEM FOR MONTHS, IT IS YOUR CHOICE IF YOU WANT YOUR SHOT OR NOT THAT HE COULD DO THAT FOR THE STATE OR CITIES TO WHICH HE COULD SAY WELL STATE OF TEXAS SINCE YOU ARE BUCKING THE SYSTEM WE ARE GOING TO CUT OFF YOUR FUNDING FOR COVID-19 RELIEF. OR HE COULD DO THAT FOR THE CITIES TOO. SO KEEP THAT IN MIND IN A FUTURE DECLARATION EXTENSION THAT YOU MAY HOLD THAT HE MAY CHANGE HIS MIND ON HIS OWN AS HE DID WITH THE AMERICAN WORKER.

ON ANOTHER NOTE. A FAMILY I KNOW LOST THEIR MOTHER LAST TUESDAY. SHE WENT INTO REHAB CENTER TO HAVE SOME REHAB. SHE STAYED IN HER ROOM SHE DID NOT INTERACT WITH ANYONE BUT YET SHE CAME DOWN WITH THE VIRUS AND EVEN THOUGH SHE WAS FULLY INOCULATED AND HAD WORKERS THERE HAD MASS. AND SHE HAD A SLIGHT ISSUE WITH

[00:15:02]

OXYGEN LEVELS FOR A COUPLE OF DAYS AND THEN RECOVERED FINE AND THEN THREE DAYS LATER SHE PASSED OUT AND THAT WAS IT.

SO THEY LIST UP CARLOS IS COVID-19 COMPLICATIONS.

SO AGAIN, YOU WILL GO BACK TO THE NATIONAL LEVEL HAS BEEN TEACHING US. IF MASK AND VACCINES ACTUALLY WORK, THEN WHY DOES THAT FAMILY STILL NOT HAVE THEIR MOTHER HERE BECAUSE SHE WAS FULLY VACCINATED AND ALL THE WORKERS WERE AMASSED THANK YOU VERY MUCH THIS MORNING COUNSEL.

>> WE ARE AT A PUBLIC HEARING, IF YOU WOULD ALSO LIKE TO SPEAK OUT FOR AGAINST THIS ITEM? SEEING NO ONE I WILL CLOSE THE PUBLIC AREA. THIS COUNCIL HAVE ANY ANY COMMENTS OR QUESTIONS ON THIS ITEM NUMBER?

>> FOR APPROVAL. >> WE HAVE A MOTION BY COUNCILMEMBER PRICE AND A SECOND BY COUNCILMEMBER BEARD.

ANY FURTHER DISCUSSION? WE ARE READY TO VOTE.

[8. Ordinance (First Reading): Receive a Report, Hold a Discussion and Public Hearing, and Take Action on an Amendment to Ordinance 43-2021 Adopting Fees and Charges, by Amending Alcoholic Beverage Permit Fees (Shawna Atkinson)]

>> ITEM NUMBER EIGHT. >> MAYBE I'M NOT READING CHARTS CORRECTLY SO IT INDICATES THAT THE 1,125-DOLLAR FEE BE STARTED IN THE THIRD YEAR OF BILLING IN THE ATTACHMENT.

ON THE ATTACHMENT IT SAYS IT KICKS IN ON THE FOURTH YEAR? AM I READING THAT INCORRECTLY? DO YOU SEE MY QUESTION?

>> IT KICKS IN ON THE THIRD YEAR, THAT WAS EVER THAT WE MEET ON THE FIRST TIME AROUND, WE DID ON THE FOURTH YEAR BUT IT SHOULD

BE THE THIRD YEAR. >> SO THIS WILL CHANGE, I THOUGHT IT DID SAY THE THIRD YEAR?

>> DOES YOUR SAY THE THIRD YEAR? >> MINE SAYS THE FOURTH YEAR.

>> IT SAYS MIXED BEVERAGE PERMIT THIRD YEAR NO FEE AND FOURTH-YEAR 1125, I THOUGHT IT WAS GOING TO BE ON THE 30TH?

>> I ACTUALLY HAVE THE PACKAGE IN FRONT OF ME SO I CANNOT LOOK

AT IT. >> IT IS CORRECT AS WRITTEN, THE CONFLICT IS BEING WE CHARGE A FEE EVERY YEAR IN THE STATE CHARGES A TWO YEAR FEE IS THAT CORRECT? AND THE NEW STATE LAW STATES THAT ON THE THIRD YEAR THERE IS NO FEE, SO SINCE OUR STATE LAW AND THE LOCAL LAW SPLIT IT DIFFERENTLY, THE FEE GOES INTO EFFECT ON THE 30TH BUT IT IS WAIVED IN THE FOURTH YEAR THAT WE COLLECTED.

>> SO THIS IS CORRECT? >> YES.

>> OKAY THAT WAS MY ONLY QUESTION.

>> IS ANYONE ON THE COUNCIL HAVE A QUESTION BEFORE WE GO TO PUBLIC HEARING? I WILL NOW OPEN UP A PUBLIC HEARING DOES ANYONE THAT WOULD LIKE TO SPEAK EITHER FOR OR AGAINST THIS ITEM IF SO PLEASE GIVE YOUR NAME FOR THE RECORD.

SEEING NO ONE I WILL CLOSE A PUBLIC HEARING.

COUNSEL HAVE ANY COMMENTS OR ADDITIONAL QUESTIONS? BECAUSE I WILL ACCEPT THE MOTION TO SECOND PERIOD.

>> SECOND PERIOD. >> WE HAVE A MOTION BY COUNSELOR CRAVER ANY ADDITIONAL COMMENTS WE ARE READABLE.

[9. Ordinance (Final Reading): Receive a Report, Hold a Discussion and Public Hearing, and Take Action on Amending the Fiscal Year 2021-22 Budgets (Mike Rains)]

>> NOW I WILL MOVE TO ITEM NUMBER NINE, I WILL ASK THE FINANCE DIRECTOR MIKE RAINES TO PERFECT PRESENT THIS ITEMS.

>> MIGRAINES DIRECTOR OF FINANCE IN THIS ITEM WE ARE ASKING OF MANDATE TO THE FISCAL 22 BUDGET THAT WAS PREVIOUSLY APPROVED.

WE HAVE TWO ITEMS THAT HELP DEPARTMENT HAS BEEN AWARDED SOME ADDITIONAL GRANTS AND ALSO RECEIVED ADDITIONAL FUNDING APP $2.4 MILLION JUST BOAT UNDER THAT AMOUNT.

AND WE ARE ALSO ASKING TO ADD AN ADDITIONAL POSITION FOR ABILENE ZOO FOR AN ASSOCIATE VETERAN -- VETERINARY POSITION.

THIS ITEM WILL BE ONE 100% REIMBURSED BY THE ABILENE

ZOOLOGICAL SOCIETY. >> SO OVERALL WE ARE GOING TO INCREASE THE BUDGET BY 2.375 AND A HUNDRED $11,000 FOR REVENUES AND EXPENDITURE, SO THEY WILL BE NO EFFECT ON CORE BALANCE.

I'D BE HAPPY TO ANSWER QUESTIONS.

>> THANK YOU MR. RAINES, QUESTIONS? PART OF THE PUBLIC HEARING? AT THIS TIME I WILL OPEN UP THE PUBLIC HEARING IS THERE ANYONE THAT WOULD LIKE TO SPEAK EITHER FOR OR AGAINST THIS ITEM IF SO PLEASE GIVE YOUR NAME FOR THE RECORD. SEEING NO ONE I WILL CLOSE THE PUBLIC HEARING. DOES COUNSEL HAVE ANY QUESTION BEFORE SUPPER MOTION IN THE SECOND?

[00:20:01]

>> WE HAVE A MOTION BY COUNCILMEMBER CRAVER.

>> SECOND. >> A SECOND BY MCALLISTER ANY

DISCUSSION I AM READABLE. >>

[10. Ordinance (Final Reading): Receive a Report, Hold a Discussion and Public Hearing, and Take Action on Amending the Fiscal Year 2020-2021 Budgets (Mike Rains).]

CARRIES. >> NOW I MOVED TO ITEM NUMBER TEN I WILL ASK MIKE RAINES TO PRESENT THIS ITEM.

>> YES THIS ITEM IS A NUMBER TWO AT THE FISCAL 21 BUDGET.

WE RECEIVE THE FINAL GUIDANCE ON AMERICAN RESCUE PLAN ASK GRANT.

SO WE WOULD LIKE TO GET THAT RECORDED INTO FISCAL YEAR 21 IN THE ORDER OF $10,728,000. THIS IS THE ALLOTMENT WE RECEIVE THIS YEAR END WILL RECEIVE THE SECOND ALLOTMENT OF FISCAL YEAR 22. THIS WILL ALSO PROVIDE US WITH 10,000,007 AT $20,000 IN REVENUES, AND FOR EXPENDITURES SO NO EFFECTIVE FOR BALANCE. QUESTION FOR MR. RAINES BY COUNSEL? THANK YOU.

AT THIS TIME I WILL OPEN UP THE PUBLIC HEARING, IS THERE ANYONE THAT WOULD LIKE TO SPEAK EITHER FOR OR AGAINST THIS ITEM, IF SO PLEASE GIVE YOUR NAME FOR THE RECORD.

SEEING NO ONE I WILL CLOSE THIS ITEM.

COUNSEL ADDITIONAL QUESTIONS I WILL SET THE MOTION IS SECOND

PERIOD. >> SO MOVE.

>> I HAVE A MOTION BY COUNCILMEMBER BEARD AND A SECOND

BY COUNCILMEMBER PRICE. >>

[11. Ordinance (Final Reading) Z-2021-22: Receive a Report, Hold a Discussion and Public Hearing, and Take Action on a Request from The Conder Company (Represented by Jacob Martin LLC) to Change Zoning from Agricultural Open Space (AO) to a Planned Development (PD) District of Single-Family Home Sites on Approximately 7.77 Acres of Now-Vacant Land Bordering the 7700-7900 Blocks (West Side) of Hardwick Road in Far South Abilene. Legal Description Being Approximately 7.77 Acres Out of the W.J. Reddell Survey in Abilene, Taylor County, Texas. (Tim Littlejohn)]

CARRIES. >> I WILL GO TO NUMBER 11 I WILL ASK TIM LITTLEJOHN ENTER PLANNING AND SERVICE DIRECTOR.

>> GOOD MORNING MARY COUNSEL FOR YOUR CONSIDERATION TODAY IS HIS ONLY CASE 21 -- 22. CONDOR COMPANY AND AGENTS JACOB AND MARTIN. THE REQUEST FOR YOU TO CONSIDER THIS MORNING IS A REZONE FROM AGRICULTURAL OPEN SPACE TO A PLANNED DEVELOPMENT. PD 173 TO BE SPECIFIC.

WE HAVE RECEIVED AFTER NOTIFYING THE RECOMMENDED AREAS 0 IN FAVOR AND 0 OPPOSED. HERE IS A PHOTOGRAPH OF THE LOCATION. ZONING MAP SHOWING AO WITH RS-6 TO THE WEST AND EAST, NORTH I'M SORRY.

HERE IS THE GRAPHIC CONCEPT PAYING FOR THE PD THIS IS GOING TO BE A PATIO HOME BASE WITH SOME SPECIAL EXCEPTIONS BASED ON SETBACKS AND CUL-DE-SAC LOTS. HERE ARE SOME PIGMENTED USES WITHIN THE LETTER A O. HERE ARE THE PERMITTED USES WITHIN THE DISTRICT. HERE IS SOME PICTURES WITH THE SUBJECT PROPERTY, HERE IS OUR AREA MAP 0 IN FAVOR 0 OPPOSED.

FINE EXISTS CONSISTENT WITH THE COMPANY HAS USE AND HAS BEEN REVIEWED PURSUANT TO 1.4. STAFF RECOMMENDS A POOL YOU WE DID THE PLANNING AND ZONING BACK ON DECEMBER 7 AT -- SEPTEMBER 7 THEY ALSO RECOMMEND APPROVAL I BE HAPPY TO TAKE ANY QUESTIONS.

>> THANK YOU MR. LITTLEJOHN QUESTIONS TO TIM PRIOR TO PUBLIC HEARING FOR COUNSEL THANK YOU AGAIN.

AT THIS TIME I WILL OPEN UP THE PUBLIC HEARING.

IS THERE ANYONE THAT WOULD LIKE TO SPEAK OTHER FOR OR AGAINST JUST SUPPORT YOUR NAME FOR THE RECORD.

>> CLAYTON FARROW JACOB MARTIN AGENT FOR THE DEVELOPER.

AGAIN THIS IS PD REZONING WITH THE BASE ZONING OF PAY AT HOME SINGLE-STORY RESIDENTIAL AS EXPECTED BUT WILL BE OUT THERE WE WOULD ASK YOU SUPPORT AS WELL WITH THAT.

ANY QUESTIONS. >> ANY QUESTIONS COUNSEL?

THANK YOU VERY MUCH. >> THANK YOU.

>> IS THERE ANYONE ELSE WHO WOULD LIKE TO SPEAK FOR OR AGAINST THIS ITEM? SEEING NO ONE I WILL CLOSE THE PUBLIC HEARING. COUNSEL DO YOU HAVE ADDITIONAL QUESTIONS OR COMMENTS I NEED A MOTION AS I CAN.

>> SOBEL. >> MOTION BY COUNCILMEMBER HURT IN A SECOND BY COUNCILMEMBER HELP US.

WE ARE READABLE. >>

[12. Ordinance (Final Reading) Z-2021-24: Receive a Report, Hold a Discussion and Public Hearing, and Take Action on a Request from Brookhollow Christian Church (Represented by Paul Johnson & Associates) to Change Zoning from Residential Medium-Density (MD) to a Neighborhood Retail (NR) District on Properties at 2310 South Willis Street and 2325 Ivanhoe Lane in Southwest Central Abilene. Legal Description Being Lots 1, 2 And 22 (And Intervening Abandoned Alleyway) Block 13 of Brookhollow Addition Section 4, Abilene, Taylor County, Texas. (Tim Littlejohn)]

CARRIES. >> WE WILL GO TO ITEM NUMBER 12 AND WE WILL ASK TIM LITTLEJOHN TO PRESENT THIS ITEM.

>> MAYOR AND COUNCIL FOR YOUR CONSIDERATION IS CASE 21 -- 24.

BROOKE FELLOW CHRISTIAN CHURCH WITH AGENT JOHNSON.

THIS IS TO REZONE THIS PROPERTY FROM MEDIUM DENSITY TO

[00:25:04]

NEIGHBORHOOD RETAIL. LOCATION 2300 SOUTH WILLOW STREET. WE DID NOTIFIED THE SURROUNDING AREA HAD ONE IN FAVOR AND NINE OPPOSED.

LOCATION MAP OF THE SUBJECT PROPERTY ZONING MAP OF THE SUBJECT PROPERTY PERMITTED USES WITHIN THE DISTRICT CURRENTLY.

THE PROPOSED ZONING DISTRICT NEIGHBORHOOD RETAIL VIEWS OF THE SUBJECT PROPERTY. NOTIFICATION AREA MAP, THERE IS MORE THAN 20% OPPOSITION SO THIS WILL REQUIRE A MAJORITY VOTE.

THE STAFF IS FOUND THIS CONSISTENT WITH THE COMP ANSWER PAN LAND USE OF DEVELOPMENT MAP REVIEWED 1.41. FORWARD STAFF RECOMMENDS APPROVAL PLANNING AND ZONING ALSO RECOMMENDED APPROVAL BACK ON SEPTEMBER 7. AND I BE HAPPY TO ANSWER ANY

QUESTIONS. >> STANLEY, COUNCILMAN BEARD IS ABSTAINING FROM THIS ITEM. DOES THAT MEAN SIX OF US HAVE TO

VOTE AFFIRMATIVE? >> NOT IN THIS PARTICULAR

INSTANCE ALL SIX THAT ARE HERE. >> QUESTIONS TO OF MR. LITTLEJOHN PRIOR TO PUBLIC HEARING AT THIS TIME, I WILL OPEN A PUBLIC HEARING. IS THAT ANYONE WHO WOULD LIKE TO SPEAK OTHER FOR AGAINST THIS ITEM, IF SO JUST STATE YOUR NAME

FOR THE RECORD. >> GOOD MORNING ERIC JOHNSON I AM THE AGENT FOR BROOKE WILLOW -- BROOK HOLLOW CHRISTIAN CHURCH. WHEN WE APPLIED FOR THE ZONE CHANGE, BECAUSE WE ALWAYS GO TO THE CITY AND ASKED WHAT THE RECOMMENDATIONS ARE. WITH REGARD TO ZONING AND BEING IT WAS IN A NEIGHBORHOOD THEY HAD SUGGESTED NEIGHBORHOOD RETAIL IN NEIGHBORHOOD RETAIL WAS PROPOSED.

AND I WAS A LITTLE SHOCKED WHEN I SAW THE NUMBER OF PEOPLE WHO ARE IN OPPOSITION VAN LINCOLN WAS ONE REPRESENTING THE NEIGHBORHOOD AND APPARENTLY SOMEBODY HEADED UP TO DO A PETITION TO GET SOME SUPPORT FOR THAT.

THE MAIN THING THAT THEY HAD A DISAGREEMENT WITH ALL CONCERNED ABOUT OR FEAR WAS THAT THE USE MIGHT BE CHANGED OVER IF THE COUNSELING SERVICES OR CHILDCARE SERVICES THAT WERE EXCITED TO SHUT DOWN AND SELL THE PROPERTY. UNDER THE NEIGHBORHOOD RETAIL THERE ARE SOME USES AND THEY CAN SOME CONDITIONAL USE PERMITS IN THERE. THE PARTICULAR ONES THAT THEY HAD IN THE LATER WERE GAS STATION CONVENIENCE STORE AND FAST FOOD RESTAURANTS. THOSE WERE ALL UNDER THE TRADE RETAIL YOU SECTION. THE FEAR THAT THIS COULD BE CHANGED AT ONE OF THOSE MY UNDERSTANDING IS THAT THEY WOULD HAVE TO GO TO THE ENTIRE PROCESS AGAIN TO HAVE THAT PARTICULAR USE PUT INTO PLACE. IS THAT STILL TRUE? OKAY SO I DON'T THINK THAT THEY UNDERSTOOD THAT I THINK THEY THINK THAT WAS A PERMITTED USE THEIR RECOMMENDATION WAS A PD WITH SOME DIFFERENT USES. AND WE ARE ASKING FOR A DATE TO APPROVE THAT UNANIMOUSLY. QUESTIONS FOR ME?

>> QUESTION MS. JOHNSON FROM THE COUNCIL.

>> I SAW A CAR FROM CYNTHIA PEARSON,.

>> GOOD MORNING MAYOR AND CITY COUNCIL THANK YOU SO MUCH FOR THE OPPORTUNITY TO BE HERE I THOUGHT I HAD 3 MINUTES NOT TO SO I WILL TALK REALLY FAST. SO I AM IN FAVOR OF SUPPORTING THIS ZONING CHANGE. BECAUSE THE PEOPLE I REPRESENT IS THE CITY'S MOST LARGEST COMPREHENSIVE CHILD CARE IN THE CITY EVEN BEFORE THE PANDEMIC IT, THERE WAS A LACK OF NEEDED LICENSE QUALITY CHILDCARE OPTIONS IN THE CITY. SINCE THE PANDEMIC, IT HAS DECREASED WITH WORKING PARENTS STILL HAVING TO WORK.

CHILDCARE OPTIONS ARE EVEN LESS AS MANY PROVIDERS COULD NOT SURVIVE THE PANDEMIC. IN OUR CITY ZIP CODE ESTIMATED THAT WE HAVE THE CHILDCARE CENTERS WHICH I THINK IS HIGH.

SIXTY-SEVEN CHILDCARE HOMES, WHICH ESTIMATES 5400 CHILDCARE SPACES. WITH 125,000 IN POPULATION,

[00:30:01]

28,00034% OF THOSE WITH YOUNG CHILDREN, YOU CAN SEE THERE IS A GREAT NEED FOR CHILDCARE. DYESS AND HENRIK ALONE EMPLOY MORE THAN 12,000 WORKERS. IF YOU USED AT 34% OF THE POLICE WITH YOUNG CHILDREN, THAT IS OVER 4,000 SPACES RIGHT THERE.

THE NURSERY OF ABILENE LICENSE CAPACITY IN THE FOUR LOCATIONS IS 600 CHILDREN. WE HAVE AT LEAST ANOTHER 300 ON THE WAITING LIST. ALL OF OUR CENTERS PROVIDE CHILDCARE FOR CRITICAL NEEDS, JUST THIS WEEK, WE HAVE THREE WEEK OLD BABY IN OUR CENTER WHOSE MOTHER ABANDONED HER AFTER HER BIRTH. SHE WAS PUT INTO FOSTER CARE SHE IS THREE WEEKS ALL AND WOULD NOT HAVE A PLACE TO BE WITHOUT THE NURSERY RESPONDING TO THAT. THESE ARE A CRISIS IN OUR CITY.

THESE STATISTICS ALONE SUPPORT THE NEED FOR MORE CHILDCARE IN A CITY IN DATE NURSERY BABBLING CANNOT DO THIS ALONE.

WE NEED MORE PROVIDERS COMMITTED TO CHILDCARE FOR THE BENEFIT OF CHILDREN, FAMILIES, BUSINESSES, AND THE COMMUNITY.

AND ALL OF THIS LEADS TO THE ECONOMIC DEVELOPMENT OF OUR CITY. THANK YOU.

>> STILL IN PUBLIC HEARING, ANY QUESTION MS. PEARSON? WE ARE STILL IN PUBLIC HEARING, YOU ARE NOT SUPPOSED TO BE FOR OR AGAINST THIS ITEM? SEEING NO ONE I WILL CLOSE THE PUBLIC HEARING. DOES COUNSEL HAVE ANY QUESTIONS FOR STAFF? ANY COMMENTS?

>> I MEAN, I, I.E., APPRECIATE MS. JOHNSON.

REITERATING THAT FACT, SOMETHING MORE INTRUSIVE IN THE NEIGHBORHOOD WOULD REQUIRE COMING BACK TO COUNSEL FOR APPROVAL WHERE IS JUST PERMITTED IS LESS INTRUSIVE.

SO I APPRECIATE MS. JOHNSON FOR THAT.

IS THAT A MOTION? >> MOTION BY COUNCILMEMBER MCALLISTER AND A SECOND BY COUNCILMEMBER HURT.

ANY DISCUSSION? >> I ALSO WANT TO COMMENT I APPRECIATE WHAT MR. JOHNSON AT THE SHARE IN NEIGHBORHOOD RETAIL'S ALSO LIMITS THE NUMBER OF HOURS IT OPERATES.

SO THAT'S MORE NEIGHBORHOOD FRIENDLY AND IF YOU LOOK AROUND THE AREA, AROUND WILLOW STREET, GOING THERE SOUTH, AND ACROSS THE STREET IS ALL OFFICE SPACE OR OTHER USES THAT ARE NONRESIDENTIAL IT SEEMS LIKE APPROPRIATE USE.

ANY ADDITIONAL COMMENTS FROM COUNSEL? WE HAVE MOTION AND SECOND I THINK WORRIED ABOUT.

[13. Ordinance (Final Reading) Z-2021-25: Receive a Report, Hold a Discussion and Public Hearing, and Take Action on a Request from Christian Evenson to Change Zoning from Heavy Industrial (HI) to a Heavy Commercial (HC) District on Approximately 1.5 Acres of Now- Vacant Land at 1425 Dunnam Drive, Situated Approximately 1000 Feet East of South Treadaway Boulevard in South Abilene. Legal Description Being Lots 20, 21 and 22 in the Atlas Industrial Subdivision, Abilene, Taylor County, Texas. (Tim Littlejohn)]

>> NOW I MOVED ITEM NUMBER 13 ONCE AGAIN TIM LITTLEJOHN TO

PRESENT THIS ITEM. >> THANK YOU MAYOR OF YOUR CONSIDERATION THIS CASE 21 -- 25 CHRISTIANS A VINSON TO CONSIDER THIS MORNING TO REZONE FROM HEAVY INDUSTRIAL TO HEAVY COMMERCIAL LOCATED AT 1425 DUNHAM DRIVE.

NOTIFICATIONS WERE SENT OUT THREE IN FAVOR 0 POSE.

PLANNING AND ZONING DID RECOMMEND APPROVAL FOR THIS BACK IN SEPTEMBER 7. HERE IS A LOCATION MAP OF THE SUBJECT PROPERTY. ZONING MAP OF THE SUBJECT PROPERTY. EXISTING USES WITHIN HI ZONING.

PERMITTED USES WITHIN HC ZONING. PHOTOS OF THE SUBJECT PROPERTY NOTIFICATION MAP THREE IN FAVOR 0 POSE.

STAFF REVIEW THIS WITH THE FUTURE LAND USE PURSUANT TO 1.41.4 STAFF IS RECOMMENDED APPROVAL FOR ZONING AND ON SEPTEMBER 2. I BE HAPPY TO ANSWER ANY

QUESTIONS. >> THANK YOU VERY MUCH ANY QUESTIONS FROM LITTLE MR. LITTLEJOHN AT THIS TIME I WILL OPEN UP THE PUBLIC HEARING. IS THERE ANYONE THAT WOULD LIKE TO SPEAK EITHER FOR OR AGAINST THIS ITEM.

IF SO PUT YOUR NAME FOR THE RECORD.

SEEING NO ONE I WILL CLOSE THE PUBLIC AREA.

COUNSEL OR ANY COMMENTS A MOTION AS I CAN.

>> SOME WILL. >> A MOTION BY COUNCILMEMBER CRAVER ENTERED SECOND BY COUNCILMEMBER PRICE WE ARE READY

TO ROW. >>

[14. Ordinance (Final Reading) Z-2021-26: Receive a Report, Hold a Discussion and Public Hearing, and Take Action on a Request from Dewayne Blair to Change Zoning from Agricultural Open Space (AO) to a Manufactured/Mobile Home (MH) District on Approximately 57.442 Acres of Land Located on the 100 Block (West Side) of Chapel Hill Road in Far West Abilene. Legal Description Being 21.656 Acres Out of the Northwest Part of the H.B. Martin Survey in Abilene, Taylor County, Texas. (Tim Littlejohn)]

CARRIES. >> ONCE AGAIN MR. TIM LITTLEJOHN

FOR ITEM NUMBER 14. >> THANK YOU MAYOR OF YOUR CONSIDERATION IS ZONING 21 -- 26 REGARDING DUANE BLAIR OF REZONE

[00:35:06]

FROM AGRICULTURAL OPEN-SPACE TO MANUFACTURED HOME DISTRICT.

LOCATION IS 158 CHAPEL HILL AND THEY WERE SENT OUT 0 IN FAVOR 0 POSE. PLANNING AND ZONING DID HEAR THIS CASE. HERE IS YOUR LOCATION MAP, ZONING MAP, AS YOU CAN SEE EVERYTHING ELSE IS AROUND THIS PROPERTY IS ALREADY ZONED IN THE DISTRICT.

HERE ARE PHOTOS OF THE SUBJECT PROPERTY.

NOTIFICATION MAP. PERMITTED USES WITHIN THE MOBILE HOME DISTRICT. STAFF IS FOUND IS CONSISTENT WITH THE COMPETENCE OF PRAYING DEVELOPMENT PLAN.

OUR MAP, STAFF HAS RECOMMENDED APPROVAL PLANNING AND ZONING HAS ALSO RECOMMENDED APPROVAL BACK ON SEPTEMBER 7.

I BE HAPPY TO ANSWER ANY QUESTIONS THAT YOU MAY HAVE.

>> THANK YOU MR. LITTLEJOHN QUESTIONS OF TIM PRIOR TO THE HEARING FROM COUNSEL. THANK YOU.

AT THIS TIME I WILL OPEN UP THE PUBLIC HEARING.

IS THERE ANYONE THAT WOULD LIKE TO SPEAK EITHER FOR OR AGAINST THIS ITEM IF SO PLEASE COME FORWARD AND GIVE MEANINGFUL RECORD. I AM SEEING NO ONE I WILL CLOSE PUBLIC HEARING. DOES COUNSEL HAVE ANY QUESTIONS I NEED A MOTION IN THE SECOND PERIOD I HAVE A MOTION BY COUNCILMEMBER HURT, AND A SECOND BY COUNCILMEMBER MCALLISTER.

ANY DISCUSSION? WE ARE READY TO BOW.

[15. Ordinance (Final Reading) Z-2021-27: Receive a Report, Hold a Discussion and Public Hearing, and Take Action on a Request From KPLB LLC, Agents Jacob & Martin LLC, to Rezone Property from Residential Medium-Density (MD) District to a Planned Development (PD) District on 5.85 Acres of Now-Vacant Land at 1826 Colony Hill Road in Southeastern Abilene. Legal Description Being 5.85 Acres Out of Southwest Quarter of Lunatic Asylum Lands Section 8 in Abilene, Taylor County, Texas. (Tim Littlejohn)]

>> THE LAST TIME ON THIS MORNING IS TIM LITTLEJOHN, IT IS ITEM NUMBER 15. THANK YOU MAYOR, LIKE TO CONSIDERATION IS CASE 21 -- 27 FROM KEIO CONSTRUCTION AGENT JACOB AND MARTIN IT IS TO RESUME FROM MEDIUM DENSITY TO A PLANNED DEVELOPMENT DISTRICT. LOCATED AT 1826 COLONY HILL.

NOTIFICATIONS WERE SENT OUT ONE IN FAVOR 0 POSE.

PLANNING AND ZONING DID RECOMMEND A PEOPLE STAFF RECOMMENDATIONS BACK ON SEPTEMBER 7.

LOCATION MAP, ZONING MAP, HERE'S YOUR GRAPHIC CONCEPT PLAN PROPOSAL. PERMITTED USES WITHIN MD ZONING.

PERMITTED USES WITHIN MF ZONING. VIEWS OF THE SUBJECT AND ADJACENT PROPERTIES. NOTIFICATION MAP, ONE IN FAVOR 0 OPPOSED. STAFF IS FOUND THIS REQUEST CONSISTENT WITH THE COMPANY HAS A PLAN, REVIEW 1.41.4.

STAFF RECOMMENDATION IS TO CHANGE THE BASE ZONING FROM MD TO MF WITH SPECIFIC MODIFICATION ONLY TO ALLOW 12 UNITS PER ACRE.

WITH HEIGHT LIMITATION OF 35 FEET AND THE USE OF A TOPIC LAND USE BUFFER. PLANNING AND ZONING DID HEAR THIS CASE ON DECEMBER SPENT SEPTEMBER 7 AND DID RECOMMEND APPROVAL WAS STAFF RECOMMENDATION.

AND I BE HAPPY TO ANSWER ANY QUESTIONS THAT YOU MAY HAVE.

>> QUESTIONS OF TIM PRIOR TO PUBLIC HEARING COUNSEL.

AT THIS TIME I WILL OPEN UP THE PUBLIC HEARING IS THERE ANYONE THAT WOULD LIKE TO SPEAK EITHER FOR OR AGAINST THIS ITEM?

>> CLAYTON FARRELL AGENT FOR THE DEVELOPER.

AGAIN TIM PRESENTED THE CONCEPT PLAN THAT WE HAD DONE THERE.

WE HAD MET WITH STAFF ON MULTIPLE OCCASIONS BACK IT WAS EMPTY. I DO KNOW THIS IS GOING THROUGH 12 DIFFERENT ZONING CASES IN THE LAST THREE YEARS OR WHAT IT FEELS LIKE. WE MET WITH STEP WHEN IT WAS THERE. AND IT HAS BEEN INTERPRETATION CHANGE MISUNDERSTANDING WHAT WAS UNDERSTOOD AS AN EMPTY AT THE TIME. ESSENTIALLY WHAT WE ARE DOING IS IT WOULD FIT WITH AN EMPTY OTHER THAN THERE'S MULTIPLE UNITS MORE THAN FOUR UNITS PER ONE LOT. SO I BELIEVE STAFF HAS COME UP WITH A GOOD CREATIVE WAY TO SOLVE THE PROBLEM AND THE GAP BETWEEN MD AND MF. I'M HERE TO SEEK YOUR SUPPORT IF YOU HAVE ANY QUESTIONS I CAN ANSWER THEM.

>> ANY WORSE FROM COUNSEL? >> SO YOU GUYS ARE OKAY WITH 12 UNITS PER ACRE AND HEIGHT LIMIT OF 35 AND TYPE IN USE?

>> YES WE ARE. >> OKAY.

[00:40:02]

>> THANK YOU. >> ANYONE ELSE LIKE TO SPEAK EITHER FOR OR AGAINST THIS ITEM? SEEING NO ONE I WILL CLOSE THE PUBLIC HEARING. COUNSEL HAVE ANY COMMENTS OR DISCUSSION I NEED A MOTION INTO SESSION.

I HAVE A MOTION BY COUNCILMEMBER HURT AND SECOND BY COUNCILMEMBER MCALLISTER. ANY FURTHER DISCUSSION WE ARE

READABLE. >>

CARRIES. >> I WANT TO COMPLEMENT STAFF FOR THE PRESENTATION MR. LITTLEJOHN FOR THE BREVITY AND YOU ARTICULATED THE VARIOUS ITEMS ON THIS THIS MORNING.

IT WILL BE DULY NOTATED. WE WILL NOW NEW MOVE TO THE

[PUBLIC COMMENTS]

PUBLIC COMMENT PERIOD, THERE WILL BE NO VOTES OR ANY FORMAL ACTIONS TAKEN WITH SUBJECT PRESENTER AND PUBLIC COMMENT.

THE PUBLIC COMMENT WILL ONLY ALLOW MEMBERS OF THE PUBLIC TO PRESENT IDEAS, AND INFORMATION OBSIDIAN STAFF, AND OFFICIALS.

WE WILL HAVE A TWO MINUTE LIMIT, AND DO WE HAVE ANY CARS THIS

MORNING? >> THE FIRST CARD I HAVE IS

CARRIE LIEB. >> MAYOR COUNSEL, MY NAME IS CARRIE LIEB, AND I'M HERE TODAY TO PROPOSE THAT ABILENE THE SANCTUARY CITY. WHEN I WAS A MINOR, I FOUND OUT I WAS THE GUARDIANS OVER ME DECIDED I NEEDED TO TERMINATE THE LIFE INSIDE. THE ABORTION FORM LET ME BUTCHERED FIGHTING FOR LIFE. THE RESULTS WERE UNABLE -- WAS I WAS UNABLE TO BEAR ANY CHILDREN. I'VE BEEN LEFT WITH THIS EVER SINCE. I PUT UP WITH TO MAKE ABILENE IS A PLACE TO NOT CONTRIBUTE TO THE SCRAPING OUT A PROCESS RIGHT FROM THE WOMB. IT NOT ONLY DESTROYS THE LIFE OF A BEAUTIFUL HUMAN BEING, IT DEVASTATES THE MOTHERS AS WELL ALWAYS. LET'S NOT LET THIS HAPPEN IN OUR TIME AND OUR WATCH PLEASE STAND WITH ME TOO MAKE ABILENE A CITY OF SAFETY PROTECTING ALL LIVES. THANK YOU.

>> THANK YOU FOR YOUR COMMENTS. >> DOROTHY CLAY.

AND IS IT NEIL? >> GOOD MORNING HONORABLE MAYOR CITY COUNCIL MEMBERS MONEY WAS THERE WITH THE CLAY.

PLEASE CONSIDER MAKING ABILENE TEXAS A CENTURY CITY FOR THE UNBORN. ALL LIFE IS PRECIOUS, THE BORN IN THE UNBORN. I EXPERIENCE A CRISIS MISSING DUE TO A SEXUAL ASSAULT. PRIOR TO THE SEXUAL ASSAULT MY THOUGHT WAS MY BODY MY CHOICE. EVEN THOUGH IT IS MY BODY I CANNOT THINK ABOUT TERMINATING A PRECIOUS LIFE THE LIFE THAT WAS INSIDE OF ME. I CHOSE LIFE AND I'M SO GRATEFUL THAT I DELIVERED A HEALTHY BABY GIRL.

IN IT A PURPOSE FOR YOUR ANSWER WORLD.

THANKFULLY, I DON'T HAVE INNOCENT BLOOD IN MY HAND.

OUR LIVES ARE DESIGNED WITH A SPECIAL AND UNIQUE PURPOSE.

SO PLEASE CONSIDER MAKING ABILENE TEXAS SANCTUARY CITY FOR THE UNBORN. LET'S HONOR AND RESPECT THE SANCTITY OF LIFE WHICH BEGINS AT CONCEPTION IT MUST NOT END AT BIRTH. ACCORDING TO A SEVEN" THE RIGHT TO LIFE AND LIBERTY IN THE PURSUIT OF HAPPYNESS GIVES LIFE.

IN LIFE BEGINS WITH CONCEPTION. THANK YOU.

>> IS THERE ANYBODY ELSE? >> THANK YOU COUNSEL AGAIN I WANT TO SPEAK AGAIN AND ONCE AGAIN ABOUT AEP AEP IS NOT LIVING UP TO THE CITY AND CITIZENS OF ABILENE ABOUT MAINTAINING STREET LIGHTING ACROSS THE CITY.

I WILL GIVE YOU SOME CONTEXT NOR FIRST FROM SAN JOSE TO PROCTOR IF YOU ARE NOT FAMILIAR OUT HERE IN TV LAND, FIRST IN THE FREEWAY WHICH IS DANVILLE ALL THE WAY DOWN TO SUBWAY.

NO STREET LIGHTING OPERATION. THEN YOU GO ACROSS MCDONALD'S

[00:45:07]

WHICH IS WESTWOOD DRIVE, ALL THE WAY DOWN TO HARBOR FREIGHT TOOLS THAT IS BRIARWOOD NO OPERATING STREETLIGHTS.

YOU GO ON SOUTH WILLIS 27TH TO 2200 BLOCK NO OPERATING STREETLIGHTS. YOU GO ON NORTH TENTH AT THE OLD FIRE STATION WHICH IS AT THE CREEK WHICH IS NEAR RICHLAND ALL THE WAY TO WESTWOOD DRIVE AND THAT DOUBLE S CURVE NO OPERATING STREETLIGHTS. THERE IS NO REASON ON NORTH FIRST THAT THOSE ARE BOTH OVERHEAD FEED LINES.

THERE IS NO REASON THAT THEY CANNOT FIX THOSE THEY JUST DON'T WANT TO OBVIOUSLY. I WOULD URGE THE COUNCIL OR THE MAYOR OF THE CITY MANAGERS INSTRUCTED CITY ATTORNEY, TO SEND A LETTER TO AEP AND REMIND THEM THAT THEY ARE NOT LIVING UP TO THEIR AGREEMENT OF MAINTAINING OUR STREETLIGHTS.

YOU KNOW, THE FIRE STATION THE NEW ONE ON 600 PIONEER IS LIT UP BETTER THEN NORTH FIRST STREET IS IN THOSE TWO SECTIONS.

LIKE I SAID IT IS NOT ACCEPTABLE, THE CITIZENS PAY ABOUT $11 PER PICTURE AND IF WE SAY 30 PICTURES ARE OUT, THEY WILL JUST SAY THAT $330 A MONTH OF CITIZENS ARE NOT GETTING THEIR SERVICE FROM AEP THANK YOU VERY MUCH COUNSEL.

>> WERE STILL THE PUBLIC COMMENT.

DOES ANYBODY WANT TO PARTICIPATE IN ON THIS MORNING? SEEING NO ONE, WE WILL CLOSE THE PUBLIC COMMENT.

[EXECUTIVE SESSION]

IT IS NOW 9:17 A.M., WE WILL RECESS INTO EXECUTIVE SESSION SECTION 551071 SECTION 551.072 BY REAL PROPERTY, SECTION 551.073 ABOUT GIFTS AND DONATIONS SECTION 551, 074 PERSOAL MATTERS, SECTION 551-POINT 076 CONDITIONS ABOUT SECURITY DEVICES AND SECTION 551.087 ABOUT

>> IT IS NOW 9:30 A.M. WE RECONVENED TO OPEN SESSION NO

[17. Resolution: Receive a Report, Hold a Discussion and Public Hearing, and Take Action on Casting a Vote to Nominate a Member to the Jones County Appraisal District Board of Directors (Shawna Atkinson)]

VOTES TAKEN IN EXECUTIVE SESSION WE WILL NOW MOVE TO ITEM NUMBER 17 PROVIDING THE NOMINATION OF A MEMBER TO THE JONES COUNTY APPRAISAL DISTRICT BOARD OF DIRECTORS.

THAT IS HALEY JOE OATES. AT THIS TIME I WILL OPEN UP THE PUBLIC HEARING, IS THERE ANYONE THAT WOULD LIKE TO SPEAK FOR OR AGAINST THIS ITEM IF SO PLEASE GIVE YOUR NAME FOR THE RECORD.

SEEING NO ONE I WILL CLOSE THE PUBLIC HEARING, DOES COUNSEL HAVE ANY QUESTIONS AND THEN I WILL ACCEPT A MOTION IN A SECOND PERIOD WE HAVE A MOTION BY COUNCILMEMBER ECKHART MCALLISTER IN SECOND BY COUNCILMEMBER PRICE ANY FURTHER DISCUSSION WE ARE

READABLE. >>

CARRIES. >> I BELIEVE IN GOOD ETIQUETTE I DID NOT SAY THIS EARLIER, I DID SEE THE COUNTY JUDGE BOWLES I DID NOT RECOGNIZE HIM. I JUST THOUGHT ABOUT THAT, I WANT TO RECOGNIZE HIM NOW IN A PUBLIC WAY.

FOR IS ATTENDANCE THIS MORNING. WE ARE A TEAM AND TAILORED COUNTY AND ABILENE, SO I THINK THE COMMISSIONERS COURT AND JUDGE BOWLES FOR ALL OF THE THINGS HE DOES, AND THEY DO TO REPRESENT THE COUNTY. IT IS NOW 9:32 A.M.,

* This transcript was compiled from uncorrected Closed Captioning.

Oct 14, 2021 City Council

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