9. Ordinance (First Reading): Receive a Report, Hold a Discussion and Take Action on approving an Ordinance to Amend Chapter 8, "Construction Regulations," Article V, "Advisory Boards," Division 2, "Board of Building Standards" of the Code of Ordinances. (Tim Littlejohn)

[9. Ordinance (First Reading): Receive a Report, Hold a Discussion and Take Action on approving an Ordinance to Amend Chapter 8, "Construction Regulations," Article V, "Advisory Boards," Division 2, "Board of Building Standards" of the Code of Ordinances. (Tim Littlejohn)]

>> COUNCILMEMBER BEARD? >> YES.

>> PRO TEM ALVEREZ? >> IS YES.

>> MAYOR? >> YES.

>> MAYOR: YOU WANTED TO PULL NINE?

>> I HAVE ONE BRIEF POINT ON THIS, AS THE COMPOSITION OF THE BOARD OF BUILDING STANDARDS, WE'RE VOTING ON CHANGING THAT, AND, UM, THE ENTIRE BOARD WILL NOW BE FILLED WITH TRADESMEN FROM DIFFERENT DISCIPLINES, I HAVE ONE CONCERN ABOUT THE SECTION 8-368, WHAT WE'RE VOTING ON TODAY, ESTABLISHING THE STANDARD QUORUM OF THE BOARD OF BUILDING STANDARDS AT FOUR, WHICH IS AS IT SHOULD BE. HOWEVER, THE LAST SENTENCE SAYS, AND TO REMIND EVERYBODY, THIS IS THE APPEALS BOARD FOR ALL OF THE BUILDING CODES THAT WE'RE VOTING ON TODAY. THE BOARD MAY MODIFY OR REVERSE THE DECISION OF THE BUILDING OFFICIAL ONLY UPON THE CONCURRING VOTE OF SIX OR MORE MEMBERS, WHICH IS THE EQUIVALENT OF A SUPER MAJORITY. MY CONCERN IS THAT THRESHOLD IS TOO HIGH, BUT, A SIMPLE MAJORITY IS TOO LOW, THAT WOULD BE FOUR. SO, I'M PROPOSING THAT WE SET THAT NUMBER AT FIVE INSTEAD OF SIX.

THE VOTE OF FIVE FROM THE BOARD. >> MAYOR: IS THERE ANY STATUE

ON THAT? >> NO STATUTORY? AND

ADMINISTRATION HAS NO CONCERNS. >> MAYOR: ANY COMMENTS FROM COUNCIL? SINCE WE'VE PULLED THAT, WE WILL OPEN A PUBLIC HEARING. DOES ANYONE THAT WOULD LIKE TO SPEAK EITHER FOR OR AGAINST THIS ITEM? IF SO, PLEASE MOVE FORWARD AND GIVE YOUR NAME FOR THE RECORD. SEEING NO ONE, I'LL CLOSE THE PUBLIC HEARING. COUNCILMEMBER BEARD, WOULD YOU LIKE TO MAKE A

MOTION? >> I MOVE WE APPROVE NUMBER NINE AS WRITTEN WITH THE EXCEPTION OF THE ALTERATION OF THE THRESHOLD TO OVERTURN THE BUILDING OFFICIAL BE FIVE

INSTEAD OF SIX. >> SECOND.

>> MAYOR: WE'VE GOT OH SECOND BY COUNCILMEMBER PRICE. ANY DISCUSSION? WE'RE READY TO VOTE.

>> MAYOR PRO TEM HURT? >> YES.

[11. Resolution: Receive a Report, Hold a Discussion and Public Hearing, and Take Action on Authorizing the Initiation of Condemnation Proceedings Necessary to Complete Construction of Public Access Sidewalks at the Intersections of North 1st Street at Leggett Street and North 1st Street at Pioneer Drive (Max Johnson)]

>> COUNCILMEMBER MCCALLSTER? >> YES.

>> MAYOR WILLIAMS? >> YES.

>> MOTION CARRIES. >> MAYOR: >> MAYOR: NOW WE MOVE TO ITEM 11. I'LL ASK MAX JOHNSON, THE DIRECTOR OF PUBLIC

WORKS TO PRESENT THIS ITEM. >> GOOD MORNING, MR. MAYOR AND COUNCIL. HAPPY NEW YEAR. BEFORE YOU TODAY IS AN ITEM, QUESTION, WE'RE IMPROVING THE RAILROAD CROSSINGS, AND INTERSECTIONS BETWEEN NORTH AND SOUTH FIRST. WE HAVE A FEW SMALL PARCELS OF LAND, LITTLE CLIPS WHICH ARE REQUIRED FOR THE SIDEWALKS AND RAMPS TO GO IN. TO DATE, WE HAVE ACQUIRED 19 OF THESE, 19 PERMANENT AND NINE TEMPORARY. AND WE HAVE FOUR WHICH REMAIN THAT WE NEED TO GO TO THE NEXT LEVEL OF ACQUISITION. THOSE REALTIME ONES, THOSE ARE THE PLACES THAT ARE REQUIRED, THEY'RE ALL IN THE INTERSECTION OF NORTH U.N.ST, AND LEGGOT. THESE ARE THE SNIPPETS, 24 SQUARE FEET AT THE SOUTH SIDE OF NORTH FIRST AT LEGGOT. THIS IS THE BURGER KING PROPERTY, VERY SMALL CLIP RIGHT ON THE CORNER OF THE PROPERTY.

GARDEN PLACE IS ON THE NORTH SIDE OF 1ST, AT LEGGETT, AND AGAIN, JUST A SNIPPET FOR THE SIDEWALK. THIS IS THE GOLDEN CHICK, ON THE OTHER SIDE OF LEGGETT, WE REQUIRED TWO EASEMENTS HERE, THE FIRST IS AT THE CORNER, A SMALL CLIP FOR THE SIDEWALK AND WE ALSO REQUIRE A TEMPORARY CONSTRUCTION EASEMENT

[00:15:05]

FOR THE DRIVEWAY. SO, THIS, APPROVAL OF THIS ITEM WILL ALLOW US TO BEGIN THE CONDEMNATION PROCEEDINGS, AND STAFF RECOMMENDS APPROVAL. ANY QUESTIONS?

>> MAYOR WILLIAMS: ANY QUESTIONS? MR. HANNA, WE HAVE GOOD COMMUNICATION WITH THE PROPERTY OWNERS?

>> I WOULD LIKE TO REITERATE THE FACT THAT IN MY CAREER, I NEVER HAD TO USE CONDEMNATION. THE PROPERTY OWNERS HAVE BEEN ESSENTIALLY NON-RESPONSIVE AND THE TRAGEDY OF ALL OF THIS, IT'S GOING TO COST THE TAXPAYERS A LOT OF MONEY FOR TAXES, IT'S NEEDLESS. IS THERE A WAY TO RECOOPERATE THE TIME OR STAFF TIME OR ARE WE ON THE HOOK FOR THAT?

>> ON THE HOOK. YES, SIR. >> MAX, CAN YOU GO BACK, OKAY.

SO, THE CONDEMNATION ON THIS FOURTH ONE, BUT, THAT'S NOT, IF I UNDERSTAND CORRECTLY, THAT'S NOT PERMANENT?

>> CORRECT. WELL, THE SMALL, TRIANGLE ONE WILL BE A PERMANENT EASEMENT, THAT'S WHERE THE SIDEWALK AND THE RAMP GOES IN.

AND THE SECOND ONE, 580 SQUARE FEET IS JUST A TEMPORARY EASEMENT DURING THE CONSTRUCTION TO GET THE NEW AND IMPROVED

DRIVEWAY. >> SO THREE ARE PERMANENT AND

FOURTH IS NOT. >> YES, SIR.

>> BUT WE HAVE TO LIST IT AS CONDEMNATION?

>> YES. >> ONE OF THEIR CONCERNS IS THAT THEY WOULDN'T HAVE ACCESS TO THE BUSINESS DURING THE TIME, AND WE WORKED WITH TXDOT AND PUT IT INTO THE PLANS THAT THEY WILL HAVE ACCESS THROUGHOUT THE PROCESS.

>> MAYOR WILLIAMS: THANK YOU. AT THIS TIME, I'LL OPEN UP THE PUBLIC HEARING. IS THERE ANYONE THAT WOULD LIKE TO SPEAK EITHER FOR OR AGAINST THIS ITEM? IF SO, PLEASE MOVE FORWARD AND GIVE YOUR NAME FOR THE RECORD. SEEING NO ONE, I'LL CLOSE THE PUBLIC HEARING. COUNCIL, DO WE HAVE ANY ADDITIONAL COMMENTS, I'LL ACCEPT A MOTION AND A SECOND.

>> SO MOVED. >> MOTION BY COUNCILMEMBER

MCCALLSTER. >> AND A SECOND BY MCCRAVER?

>> READY TO VOTE. >> VOTE.

[12. Resolution: Receive a Report, Hold a Discussion and Public Hearing, and Take Action to award a contract to Teinert Construction for Airport Terminal Modernization Phase 1 (CB-2304) (Don Green)]

>> MOTION CARRIES. >> MAYOR WILLIAMS: WE'LL NOW MOVE TO ITEM 12, AND I'LL ASK DON GREEN TO PRESENT THIS ITEM.

>> GOOD MORNING, DON GREEN, DIRECTOR OF TRANSPORTATION FOR THE CITY OF ABILENE. WE'RE HAPPY TO BRING THIS PROJECT TO YOU. THIS HASSHAS BEEN AWHILE PLANNING, WE'RE LOOKING AT AWARDING A CONTRACT TO TINARD CONSTRUCTION FROM THE BID THAT THE CITY DID BACK IN NOVEMBER, BID, 2304, THIS PROJECT INCLUDES LOWER-LEVEL REST ROOM RENOVATIONS TO MODERNIZE THOSE, ADDING AN ASSIST THE/FAMILY REST ROOM DOWNSTAIRS IN FRONT OF THE REST ROOMS AND PAINTING THE INTERIOR OF THE TERMINAL AND REMOVING THE GIFT SHOP AREA WHICH IS IN THE UPPER LEVEL.

THIS WILL MAKE, WE BELIEVE, THIS WILL MAKE A HUGE AESTHETIC IMPROVEMENT, THE PAINTING, AND MODERNIZE THE LOOK OF THE TERMINAL, REMOVING THE GIFT SHOP WILL GIVE A GOOD VIEW OF THE TERMINAL. AND AS SMALL AS THE TERMINAL IS, PEOPLE DON'T KNOW WHERE TO BOARD THE AIRPORT. TINARD CONSTRUCTION WAS THE BID FOR THE PROJECT AT $260,000, WE HAD A BID ALTERNATE THERE, ALTERNATE ONE WHICH WAS TO PAINT AREAS OF THE TERMINAL NOT ELIGIBLE FOR THE FAA GRANTS WHICH WILL BE HELPING TO FUND THIS PROJECT. SO, THOSE PAINTING THOSE SMALL AREAS CAME IN AT $44,500. THAT GIVES US A TOTAL CONTRACT PRICE OF $2,704,500. THIS IS JUST CONCEPTIONUAL, BUT THIS IS THE ARCHITECT'S CONCEPT AND PRETTY CLOSE TO WHAT WE'LL SEE OF THE REST ROOMS, THE LOWER LEVEL REST ROOMS, BOTH MEN'S AND WOMEN'S, THE COUNTERTOPS WILL BE QUARTZ, WE'LL HAVE AN EMBEDDED BABY CHANGING STATION AND FIXTURES, NEW LIGHTING IN THERE, AND NEW CEILINGS, AND NEW FLOORING IN THE REST ROOMS AS WELL AS NEW STALLS. THIS IS JUST KIND OF HOW IT'S GOING TO LOOK, I KNOW IT'S DIFFICULT TO SEE, BUT, WHAT WE'RE DOING TO GET THAT FAMILY

[00:20:05]

AN ASSISTED REST ROOM IS TAKING IN A JANITOR'S CLOSET THAT IS IN THE FRONT OF THE MEN'S REST ROOM. WE'RE ABLE TO TAKE THAT AND EMBED IT INTO THAT SYSTEM. THIS IS CONCEPTUAL AGAIN, OF WHAT THE UPPER LEVEL WOULD LOOK LIKE. THIS IS THE LEFT THE ENTRANCE OF THE UPPER LEVEL OF THE TERMINAL, THE ROTATING DOORS AND TO THE RIGHT YOU SEE THAT MISSING GIFT SHOP AREA AND HOW IT OPENS THAT UP AND THEN PAINTING EVERYTHING WHITE TO COVER UP THE BROWN, JUST REALLY BRIGHTENS THINGS UP QUITE A BIT.

THE AIR PLANE WILL STAY. I KNOW THAT'S A CONCERN, THAT'S NOT PICTURES IN THIS, BUT IT IS STAYING. AND THIS IS WHAT OUR GATE OR BOARDING AREA WILL LOOK LIKE. THE FURNITURE IS ALREADY IN PLACE, THAT WAS A PROJECT WE DID LAST YEAR AND RECEIVED THAT FURNITURE LAST SUMMER, THAT'S ALREADY IN PLACE AND SO IS THE CARPET. AND NOW IT'S JUST A MATTER OF PAINTING. AND, THIS PROJECT IS FUNDED BY OUR FAA AIRPORT IMPROVEMENT PROGRAM GRANT AND FROM THE, FROM THE UM, UM, COVID MONEY THAT WE GOT, WE GOT AN EXTRA GRANT FROM THAT, THE AIRPORT IMPROVEMENT GRANT, A.I. G, WE'LL BE ABLE TO COVER THOSE WITH THE CITY'S MATCH.

>> MAYOR WILLIAMS: THE CITY'S MATCH IS 10% OF THE $2.6 MILLION, AND WE'LL PAY THE BALANCE OF THAT OUT OF THOSE

SAID FUNDS, IS THAT CORRECT? >> YES, SIR.

>> MAYOR WILLIAMS: ANY QUESTIONS OF THE COUNCIL PRIOR

TO THE PUBLIC HEARING? >> THANK YOU SO MUCH. AT THIS TIME, I'LL OPEN UP THE PUBLIC HEARING IS THERE ANYONE THAT WOULD LIKE TO SPEAK EITHER FOR OR AGAINST THIS ITEM? IF SO, PLEASE MOVE FORWARD AND GIVE YOUR NAME FOR THE RECORD.

SEEING NO ONE, I'LL CLOSE THE PUBLIC HEARING. COUNCIL, DO WE HAVE ANY QUESTIONS? IF NOT I'LL ENTERTAIN A MOTION AND A SECOND.

>> SO MOVED. >> MAYOR WILLIAMS: WE HAVE APP MOTION BY COUNCILMEMBER MCALISTER, AND A SECOND BY

COUNCILMEMBER ALBUS. >> READY TO VOTE.

>> COUNCILMEMBER MCALISTER? >> YES.

>> COUNCILMEMBER MCCRAVER? >> YES.

[13. Resolution: Receive a Report, Hold a Discussion and Public Hearing, and Take Action to approve Change Order 1 to the Terminal Modernization Phase One Contract with Teinert Construction (Don Green)]

>> COUNCILMEMBER BEARD? >> YES.

>> MAYOR PRO TEM? >> YES.

>> MAYOR WILLIAMS? >> YES.

>> MOTION CARRIES. >> MAYOR WILLIAMS: AND NOW WE GO TO 13 AND HAVE MR. GREEN TO PRESENT THIS ITEM.

>> SO, THIS IS CHANGE ORDER NUMBER ONE FOR THIS CONTRACT.

THE $2,704,500 WAS ABOVE OUR EXPECTATIONS FOR THIS PROJECT.

AND WHILE WE DID HAVE THE FUNDING TO FUND ALL OF THAT, WE HAD OTHER PLANS FOR THAT FUNDING AS WITH. SO, WE WORKED WITH TINARD AND OUR ARCHITECT TO COME UP WITH WAYS TO REDUCE THE COST AND FOUND GOOD SAVINGS TO STILL PRESERVE THE INTEGRITY OF THAT PROJECT TO GET US THE IMPACT THAT WE WANTED TO SEE. SO, UM, WE CAN SEE HERE THERE ARE THINGS THAT WERE PRESENTED TO US THAT TEINERT RECOMMENDED. AND THE ONES, SAY A, ARE THE ITEMS THAT WE ACCEPTED. WE ENDED UP WITH A TOTAL REDUCTION OF $937,276 TO THAT PRICE. THAT DID NOT CHANGE THE $44,500 IN THE INELIGIBLE ITEMS THAT WE USED, OR DESIGNATED AS BID ALTERNATE 1.

BUT, IT CAME UP, SO, THIS DOES NOT SHOW THE TOTAL PRICE BECAUSE IT DID NOT INCLUDE THAT $44,500. BUT, WHAT WE'RE ASKING IS APPROVE CHANGE ORDER ONE, REDUCING THE TOTAL CONTRACT WITH TEINERT BY $937,276 AND THAT BRINGS THE NEW CONTRACT PRICE TO $1,767,224. AND THAT BRINGS IT MORE IN LINE WITH WHAT WE WERE EXPECTING. STILL HIGHER THAN WHAT WE EXPECTED, BUT, IN THESE DAYS, THAT'S JUST ACCEPTED. BUT, IT GIVES US THE FLEXIBILITY TO USE OUR FEDERAL GRANTS FOR A LITTLE BIT MORE.

>> I SPOKE WITH THE CITY MANAGER HANNA, WE STILL FEEL GOOD ABOUT NOT COMPROMISING THE STATE OBJECTIVES THAT WE HAD IN

THE FOREFRONT. >> THAT'S TRUE.

>> ANY QUESTIONS OF COUNCIL PRIOR TO THE PUBLIC HEARING?

>> MAYOR WILLIAMS: AT THIS TIME, I'LL OPEN UP THE PUBLIC HEARING, IS THERE ANYONE THAT WOULD LIKE TO SPEAK EITHER FOR

[00:25:02]

OR AGAINST THIS ITEM? IF SO, PLEASE COME FORTH AND GIVE YOUR NAME FOR THE RECORD. SEEING NO ONE, I'LL CLOSE THE PUBLIC HEARING. COUNCIL HAVE ANY QUESTIONS?

>> SO MOVED. >> I HAVE A MOTION BY COUNCILMEMBER BEARD AND A SECOND BY MCALISTER?

>> READY TO VOTE. >> COUNCILMEMBER BEARD?

>> YES. >> DEPUTY MAYOR?

[14. Resolution: Receive a Report, Hold a Discussion and Public Hearing, and Take Action to approve a Ground Lease and Concession Agreement with Bowie's ABI, LLC. (Don Green)]

>> YES. >> COUNCILMEMBER MCALISTER?

>> YES. >> COUNCILMEMBER PRICE?

>> YES. >> MAYOR WILLIAMS?

>> MOTION CARRIES. >> MAYOR WILLIAMS: FOR THE LAST TIME, INVITING MR. GREEN THOUGH MAKE THIS PRESENTATION ON

ITEM 14. >> ALWAYS A PLEASURE, HAPPY TO DO IT ESPECIALLY ON THIS PROJECT. WE'RE EXCITED BECAUSE WE WERE APPROACHED BACK EARLY SUMMER BY BOUYS LLC INTERESTED IN A CONVENIENT STORE NEAR THE AIRPORT. THEY WERE REFERRED TO US BY DCOA WHICH IS A GREAT PARTNER WITH THE AIRPORT FOR ECONOMIC DEVELOPMENT. SO, AFTER MONTHS OF NEGOTIATIONS, WE WERE NOW AT THE POINT WHERE WE HAVE AN AGREEMENT WITH THEM TO BRING TO YOU TODAY TO LEASE THE LAND TO BUOY'S LLC FOR 40 YEARS AND THAT'S A LONG PROPERTY AT HIGHWAY 36 AT THE INTERSECTION OF HIGHWAY 114. THE AGREEMENT IS 9.5 ACRES IS WITH A WE HAVE, AND YOU MAY RECALL THAT A COUPLE OF YEARS AGO WE BROUGHT TO YOU A LAND USE PLAN AND THAT WAS PART OF WITH A WE BROUGHT TO YOU BACK THEN, THAT CONCEPT OF WHAT WE CALL AREA B. AND OUR HOPE TO DEVELOP THAT FOR COMMERCIAL USE AND VARIOUS COMMERCIAL USES RELATED TO AEROSPACE, AIR ASTRONAUTICAL USE OR ANY OTHER KIND OF COMMERCIAL USE THAT WOULD BE APPROPRIATE ON THE AIRPORT. SO, WE HAVE TAKEN THAT PLAN AND APPLIED IT TO THIS PROJECT AND YOU COULD SEE THE AREA IN BLUE IS THE PROPOSED AREA TO LEASE TO THEM. NOW, THERE'S NO ROAD THERE RIGHT NOW, BUT, BOWIES AGREED TO BUILD 600 FEET OF THE ROAD AT THE INTERSECTION AND BRING IT SOUTH TO THEIR LAND. SO, THAT IS PART OF THEIR PROJECT. SO, AGAIN, IT'S A 40-YEAR LEASE. THE LEASE IS THE MAXIMUM THAT WE COULD PROVIDE SOMEBODY AS A MUNICIPALITY UNDER STATE LAW. THEY WILL CONSTRUCT ALL OF THE IMPROVEMENTS AND THE BUILDINGS AND THE ROAD ITSELF. AND THAT WILL START NO MORE THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THE LEASE, THAT GIVES THEM TIME FOR DESIGN AND SITE PLAN AND GOING THROUGH ALL THE PROCESSES THAT THEY HAVE TO DO. AND, UM, BECAUSE THEY ARE BUILDING THIS ROAD, AND THEY WILL TURN THAT ROAD OVER TO THE CITY, THEY WILL CONVEY THAT TO THE CITY ONCE IT'S COMPLETE, THE CITY WILL MAINTAIN IT AT THAT POINT, BUT, IT WILL ALSO BE SOMETHING THAT WE'LL BE ABLE TO CONNECT TO IN THE FUTURE AND EXTEND DOWN TO AIRPORT BOULEVARD, TO GAIN THAT ACCESS THROUGH ALL OF AREA B IS THE GOAL. SO, THAT WAY WE CAN START TO MARKET THOSE TRACTS FOR OTHER KINDS OF DEVELOPMENT.

BECAUSE OF THAT, THE CITY HAS AGREED TO GIVE, TO NOT LEASE OTHER CITY PROPERTY FOR CONVENIENT STORE DURING THE TERM OF THIS LEASE, DURING THAT 40 YEARS AND WE'RE ABLE TO DO THAT, AND OF COURSE, WE'VE WORKED WITH CITY ATTORNEY THROUGHOUT THIS PROCESS TO MAKE SURE THAT WE WERE FOLLOWING STATE LAW AND WITHIN THE BOUNDS OF STATE LAW. SO, THE AIRPORT WILL RECEIVE A GROUND RENT, BUT, THAT WILL BE AFTER 10 YEARS WHEN THE ROAD IS ADVERTISED BY THE BOWIE'S DEVELOPERS INVESTORS, AND WE'LL RECEIVE IMMEDIATELY UPON OPENING WE'LL START TO RECEIVE A CONCESSION FEE, WHICH IS 1% OF GROSS SALES AND $0.01 PER GALLON OF FUEL SALES. IT HAS A GREAT POTENTIAL FOR REVENUE FOR THE AIRPORT, BUT, MOST OF ALL, WE'RE EXCITED ABOUT THE POTENTIAL FOR THE EXPANSION OF THIS AREA AND WE'RE SEEING A LOT OF ACTIVITY GOING ON HIGHWAY 36. AND THEN, OF COURSE, DOWN FM 18 THAT DCOA

[00:30:03]

IS WORKING ON. SO, WE THINK THIS IS A REALLY GOOD FIT AND WE EXPECT IT TO BE A CATALYST FOR FUTURE DEVELOPMENT IN THIS AREA.

THIS IS A SHOT OF OF THE EXISTING BOWIE'S LOCATION IN TEXAS, IN MENNARD, AND THEY OPENED THIS STORE, IT'S FAIRLY NEW, BUT IT'S BEEN OPEN FOR A LITTLE WHILE, YOU COULD SEE THAT CONCEPT. AND THIS IS ONE THAT THEY HAVE STILL UNDER CONSTRUCTION, AND THEY HOPE TO OPEN, I THINK BY THE END OF JANUARY, THAT, UM, IS ON JUST NORTH OF TOSCOLA ON 83-84, SO, THEY'RE CLOSE TO OPENING THIS, YOU COULD SEE THE BRANDING AND WHAT THE STORE LOOKS LIKE AND THE FUELLING STATIONS.

>> MAYOR WILLIAMS: QUESTIONS OF MR. GREEN FROM COUNCIL?

>> YOU MENTIONED THAT, AS PART OF THE AGREEMENT, NO CONVENIENT STORES CAN BE BUILT ON THE CITY PROPERTY. BUT, ON THE SLIDE IT SAID WITHIN 1 MILE. I WANT TO CLARIFY.

>> YES, WITHIN ONE MILE RADIUS OF THE LEASED PREMISES.

>> AND WE'LL ASSIGN HEIGHTS AND EVERYTHING LIKE THAT, SINCE IT'S SO CLOSE TO THE AIRPORT, IS THAT DETERMINED BY THE FAA?

>> IT'S A COMBINATION OF OUR SIGNED ORDINANCE, BUT, IT'S ALSO RESTRICTED, YOU HAVE A HEIGHT RESTRICTION FROM THE FAA TO PROTECT OUR AIR SPACE AND WE LOOKED AT THAT VERY EARLY ON AND I THINK WE'VE GOT 70 FEET OF CLEARANCE, SO, IT FALLS MORE ON THE RESTRICTIONS OF THE SIGN REQUIREMENTS.

>> AND THE AIRPORT ALSO ADDRESSES HEIGHTS AROUND --

>> YES, SIR. >> SO, COUNCILMEMBER BEARD, DO

YOU HAVE A QUESTION? >> DAWN OR ROBERT, DOES ANYBODY OR DO WE HAVE ANY KNOWLEDGE AVENUE TRAFFIC TRAIL ON 18 AND

>> I WOULD SAY THERE ARE CONVERSATIONS GOING ON WITH TXDOT AND THE CITY OF ABILENE ABOUT CREATING A SIGNALIZED SECTION TO ADDRESS INFLOW AND EGRESS FROM THIS LOCATION AT THE AIRPORT BUT FROM FUTURE DEVELOPMENT AS WELL.

>> FROM THIS ROAD, PEOPLE WILL WANT TO GO WEST FROM 18 ACROSS A FOUR-LANE, DIVIDED HIGHWAY TO GET TO A CONVENIENT STORE.

>> I DO THINK THAT'S DOWN THE ROADIO ROAD, IT'S NOT HAPPENING TOMORROW, BUT, IT WILL BE

DISCUSSED. >> THERE WAS ANOTHER BAD WRECK

THERE TOO. >> THE EXPANSION AS WELL AS THE CHEESE IN YEAR FOUR, ALONG WITH TEINERT THAT'S 50 EMPLOYEES.

>> THAT WAS A RECOMMENDATION TO TXDOT THAT THERE BE TRAFFIC CONTROL AT THAT INTERSECTION, ANTICIPATING THIS CROSSOVER BUT ALSO THE GROWTH OF GREAT LAKES CHEESE THAT'S COMING UP. AND I HAD SOMEBODY ASK ME A QUESTION, AND I DIDN'T GET A CHANCE TO E-MAIL YOU TO ASK, BUT, BECAUSE THE CITY WILL STILL OWN THE PROPERTY, IF SOMETHING HAPPENS WITH THE TANKS, I KNOW THERE'S PROVISIONS IN THERE THAT REQUIRE THEM TO REMOVE THE TANKS IF THEY'RE NO LONGER SELLING FUEL, BUT, IF THEY GO BANKRUPT OR SOMETHING, ARE WE PLANNING ON SETTING ASIDE SOME OF THE FUNDING THAT WE RECEIVED, THE REVENUE TO HAVE AS A SOURCE OF REVENUE THAT PAYS FOR CLEANUP OR REMOVAL IF THE CONTRACT FAILS

FOR SOME REASON. >> I BELIEVE THAT THE LEASE

DOES ADDRESS THAT. >> ON THE FUNDING SIDE TOO?

>> WELL, I BELIEVE THERE'S A BOND IN PLACE.

>> I MISSED THAT. I WANTED TO ASK.

>> WE WOULD HAVE THAT. >> THANK YOU.

>> AND ALTHOUGH IT IS CITY-OWNED PROPERTY, SINCE IT'S A LEASE, THEY WOULD BE REQUIRED TO REMIT THE STANDARD TAX TO THE VARIOUS ENTITIES, SCHOOLS, AND COUNTY, CORRECT?

>> YES, SIR. >> AND JUST SOME QUESTIONS FROM THE COUNCIL PRIOR TO PUBLIC HEARING.

>> MAYOR JUST BEFORE WE GO INTO PUBLIC HEARING, I WOULD LIKE TO TAKE A MOMENT AND RECOGNIZE DON GREEN AND HIS STAFF MEMBERS AND THE AIRPORT BOARD FOR THEIR HARD WORK ON THAT. THIS STARTED WITH ECONOMIC PLANS FOR THE AIRPORT AND THEY HAVE WORKED WITH DCOA AND OTHER PARTNERS IN OUR COMMUNITY TO REALLY TRY TO IMPLEMENT THIS PLAN IN A WAY THAT'S RESPONSIBLE FOR THE TAXPAYER, AND THIS, I HOPE IS ONE OF MANY FUTURE IMPROVEMENTS FOR OUR REGIONAL AIRPORT. I WANTED TO SAY, THANK YOU, DON, FOR YOUR LEADERSHIP AND STAFF AS WELL.

>> YES, STAFF HAS WORKED VERY HARD ON THIS.

[00:35:02]

>> MAYOR WILLIAMS: AT THIS TIME, I'LL OPEN UP THE PUBLIC HEARING. IS THERE ANYONE THAT WOULD LIKE TO SPEAK EITHER FOR OUR AGAINST THIS ITEM? IF SO, PLEASE COME FORTH AND GIVE YOUR

NAME FOR THE RECORD. >> MAYOR, COUNCIL MEMBERS, I'M BRIAN BLOOM AND I'M A PARTNER WITH BOWIE'S, I WOULD LIKE TO THANK YOU DON AND MR. ALVAREZ FOR PUTTING THIS TOGETHER. IT HAS BEEN SEVERAL MONTHS NEGOTIATING AND PUTTING THE PIECES TOGETHER. BUT WE'RE VERY EXCITED. WE'VE ALL SEEN THE DEVELOPMENT OF THAT AREA, EVEN MY KIDS GOING TO AYSA AND ALL OF THAT, THERE'S ZERO SERVICES WITHIN THE AREA. SO, WE FELT LIKE THIS WAS A GREAT OPPORTUNITY AND WE APPRECIATE THEIR PROFESSIONALISM AND THE DCLA FOLKS WITH HELPING US PUT THAT ALL TOGETHER. THANK YOU, GUYS.

>> MAYOR WILLIAMS: THANK YOU. IS THERE ANYONE ELSE? I'LL CLOSE THE PUBLIC HEARING. COUNCIL, HAVE ANY QUESTIONS? I'LL ACCEPT A MOTION AND A SECOND.

>> SO MOVED. >> MAYOR WILLIAMS: WE HAVE APP MOTION BY COUNCILMEMBER BEARD.

>> SECOND BY COUNCILMEMBER CRAVER. ANY DISCUSSION?

>> COUNCILMEMBER BEARD? >> YES.

>> DEPUTY MAYOR PRO TEM? >> YES.

>> MAYOR PRO TEM HURT? >> YES.

[15. Ordinance (Final Reading) Z-2022-28: Receive a Report, Hold a Discussion and Public Hearing, and Take Action on a Request from Buffalo Gap I & E, Represented by Harris Acoustics, to Change the Zoning of Approximately 5.83 Acres Located at 888 Ben Richey Drive from Agricultural Open (AO) to Heavy Commercial (HC). (Tim Littlejohn)]

>> COUNCILMEMBER MCALISTER? >> YES.

>> COUNCILMEMBER CRAVER? >> YES.

>> MAYOR WILLIAMS? >> YES.

>> MAYOR WILLIAMS: WE'LL NOW MOVE TO ITEM 15 AND WE'LL HAVE

TIM LITTLEJOHN. >> THANK YOU, MAYOR AND COUNCIL, UP HERE IS 2022-08. THE REQUEST IS TO CONSIDER TO REZONE FROM AGRICULTURAL TO HERE'S THE LOCATION MAP SHOWING THE PROPERTY OFF OF BEN RICHIE DRIVE, BOY'S RANCH ROAD, ZONING MAP SHOWING THE HEAVY COMMERCIAL TO THE WEST. AGRICULTURE OPEN SPACE TO THE EAST. HERE'S THE FLIP PLAIN ZONING MAP. HERE ARE THE PERMITTED USES IN AGRICULTURAL OPEN SPACE AND PERMIT IT HAD USE IN HEAVY COMMERCIAL. HERE ARE THE PHOTOS OF THE SUBJECT PROPERTY. NOTIFICATION MAP 3 IN FAVOR, 0 OPPOSED. THE PROPOSED REQUEST IS CONSISTENT FOR WITH THE COMPREHENSIVE PLAN AND THE CRITERIA FOR APPROVAL WITHIN THE LAND DEVELOPMENT CODE. PN Z IS RECOMMENDING TO YOU APPROVAL THIS MORNING. I'M HAPPY TO ANSWER QUESTIONS?

>> MAYOR WILLIAMS: THANK YOU, MR. LITTLEJOHN. ANY QUESTIONS?

>> MAYOR WILLIAMS: SO, AT THIS TIME I'LL OPEN UP THE PUBLIC HEARING, IS THERE ANYONE THAT WOULD LIKE TO SPEAK FOR OR AGAINST THIS ITEM, IF SO, GIVER YOUR NAME FOR THE RECORD.

SEEING NO ONE, I'LL CLOSE THE PUBLIC HEARING. I'LL ACCEPT A

MOTION AND SECOND FROM COUNCIL. >> SO MOVED.

>> MAYOR WILLIAMS: WE HAVE A MOTION BY COUNCILMEMBER MCALISTER, AND SECOND COUNCILMEMBER ALBUS.

>> READY TO VOTE. >> COUNCILMEMBER MCALISTER?

[16. Ordinance (Final Reading) CUP-2022-11: Receive a Report, Hold a Discussion and Public Hearing, and Take Action on a Request from Hallum, Represented by Art Attack Tattoo, for a Conditional Use Permit of Approximately 0.08 Acres Located at 226 Pine Street Zoned Central Business (CB) to Allow a Tattoo Parlor as a Permitted Use. (Tim Littlejohn)]

>> YES. >> MAYOR WILLIAMS?

>> YES. >> MOTION CARRIES.

>> WE MOVE TO ITEM 16 AND INVITE TIM TO PRESENT THIS ITEM

ONCE AGAIN. >> THANK YOU, MAYOR, COUNCIL UP FOR CONSIDERATION IS CONDITIONAL USE PERMIT, 2022-11. OWNER IS CARRIE HALLUM, AGENTS, ART ATTACK STUDIO, LOCATED AT 226 PINE STREET, THE REQUEST FOR THE CONDITIONAL USE PERMIT IS TO ALLOW A TATTOO PARLOR WITHIN CENTRAL BUSINESS DISTRICT.

HERE'S THE LOCATION MAP. HERE'S THE CURRENT ZONING MAP. HERE'S PHOTOS OF THE SUBJECT PROPERTY AND SURROUNDING AREA.

NOTIFICATION, TWO IN FAVOR, ONE OPPOSED. RESULTING IN 11.2% OPPOSITION. FINDINGS AND RECOMMENDATION IS THIS IS CONSISTENT WITH THE COMPREHENSIVE PLAN AND MEETS THE CRITERIA FOR APPROVAL WITHIN THE LDC, AND PLANNING AND ZONING COMMISSION DID HEAR THE REQUEST AND IS RECOMMENDING APPROVAL

[00:40:02]

THIS MORNING. I'M GLAD TO ANSWER ANY QUESTIONS THAT YOU

HAVE? >> MAYOR WILLIAMS: QUESTIONS

OF MR. LITTLEJOHN? >> AT THIS TIME I'LL OPEN UP THE PUBLIC HEARING, IS THERE ANYONE THAT WOULD LIKE TO SPEAK FOR OR AGAINST THIS ITEM, IF SO, PLEASE MOVE FORWARD AND GIVE

YOUR NAME FOR THE RECORD. >> DAN SANDERS, I'M THE OWNER, AND I'VE BEEN TATTOOING THIS TOWN FOR SIX YEARS, AND MY GRAND FATHER DID IT FOR 60 SOMETHING YEARS, THE REASON I'M TRYING TO GET DOWNTOWN IS BECAUSE MY CLIENTS ARE 75-80% WOMEN. I'VE WORKED IN TWO SHOPS IN THE TOWN, PRIOR, ONE OF THEM THERE WAS A GUN FIGHT ACROSS THE STREET IN THE COMPLEX. ANOTHER ONE, DUE TO HOMELESS, THERE WERE THINGS THAT I CAN'T EXPLAIN IN FRONT OF PEOPLE THAT HAPPENED IN PUBLIC, IN THE DAYLIGHT. DOWNTOWN GIVES NE THE OPPORTUNITY TO ACTUALLY PROVIDE A SAFE ENVIRONMENT FOR MY CLIENTS, PROVIDING THEM BEING ABOUT 75% WOMEN. THEY STILL COME TO ME BECAUSE I'M A GOOD ARTIST, I'M CLEAN, AND I'M ONE OF THE CLEANEST IN TOWN, I SEE A LOT OF ARTISTS AROUND HERE, THEY DID CROSS CONTAMINATE A LOT. I'M NOT FROM TEXAS AND I'VE BEEN TRAINED EXTENSIVELY IN THIS CAREER, SO, I DO TAKE IT HIGHLY.

I APPRECIATE YOUR TIME. >> MAYOR WILLIAMS: THANK YOU.

IS THERE ANYONE ELSE? >> GOOD MORNING, I'M JACQUELINE GARCIA, TORRES, AND I'M FOR THE PROPOSITION TODAY. I THINK THAT THE OWNER MADE AN EXCELLENT POINT. THERE'S GOING TO BE A LOT OF SAFETY AND WOMEN WILL FEEL MORE SECURE KNOWING THAT IT'S DOWNTOWN WHERE IT'S A GREATER POPULATION AND IT'S NOT SEEN AS VERY SKETCHY, IF YOU DON'T MIND THE USE OF THE WORD.

BUT, I THINK THAT THE BESIDE THE POINT OF WOMEN FEELING MORE SECURE, BUT, IT PRESENTS ANOTHER GREAT INCOME OPPORTUNITY WHICH IS A LOT OF WHAT WE'RE TRYING TO DO IN ABILENE, MAKING SURE OUR DOWNTOWN IS MORE MODERN AND OUR ECONOMIC OPPORTUNITIES INCREASE.

AND I THINK THIS IS A GREAT OPPORTUNITY FOR NOT JUST REVENUE FOR ALL OTHER DOWNTOWN BUSINESS AREAS, BUT, IT ALSO INCREASES OUR MODERN IDEALS THAT ABILENE IS TRYING TO PROPOSE AND REALLY OPENS UP DOWNTOWN AS A MORE AS A PLACE WHERE YOUNG, OR YOUNGER GENERATIONS FEEL COMFORTABLE SPENDING THEIR MONEY. WHICH, I THINK IS WHAT WE'RE TRYING TO DO ESPECIALLY WITH THE SODA DISTRICT AND EVERYTHING LIKE THAT, MAKING SURE THAT THE YOUNGER GENERATIONS FEEL COMFORTABLE GOING DOWNTOWN AND SPENDING THEIR MONEY. SO, I THINK THIS IS A GREAT OPPORTUNITY FOR ABILENE TO PUSH FORWARD WITH PROGRESS AND ALSO, INCREASE WHAT WE WANT AND OUR NEW STANDARDS HERE IN ABILENE.

THANK YOU. >> MAYOR WILLIAMS: IS THERE ANYONE ELSE? SEEING NO ONE, I'LL CLOSE THE PUBLIC HEARING.

COUNCIL, DO YOU HAVE ANY QUESTIONS OR COMMENTS, IF NOT I'LL ACCEPT A MOTION AND A SECOND.

>> SO MOVED. >> MAYOR WILLIAMS: WE HAVE A MOTION BY COUNCILMEMBER MCALISTER?

>> READY TO VOTE. >> COUNCILMEMBER MCALISTER.

[17. Ordinance (Final Reading): Receive a Report, Hold a Discussion and Public Hearing, and Take Action on AMENDING CHAPTER 8, ARTICLE VI, “CODES AND OTHER REGULATIONS,” DIVISION 1, “GENERALLY;” DIVISION 2, “BUILDING CODE;” DIVISION 3, “ELECTRICAL CODE;" DIVISION 4, “PLUMBING CODE;" DIVISION 5, “MECHANICAL CODE;" DIVISION 7, “RESIDENTIAL CODE;" DIVISION 8, “FUEL GAS CODE;" DIVISION 9, “ENERGY CODE;" DIVISION 10, “EXISTING BUILDING CODE;" ADDING DIVISION 11, “PROPERTY MAINTENANCE CODE;" ADDING DIVISION 12, “SWIMMING POOL AND SPA CODE;" AND DELETING IN ITS ENTIRETY CHAPTER 29.5 “SWIMMING POOLS AND SPAS” of the Code of Ordinances . (Tim Littlejohn)]

>> YES. >> MAY PRO TEM HURT?

>> YES. >> MAYOR WILLIAMS?

>> YES. >> MOTION CARRIES.

>> MAYOR WILLIAMS: AND NOW WE MOVE TO 17 AND ASK MR. LITTLEJOHN TO PRESENT IN ITEM.

>> THANK YOU, MAYOR, UP HERE THIS MORNING IS THE ADOPTION OF THE 2021 BUILDING CODES ALONG WITH THE 2020 VERSION OF THE ELECTRICAL CODE. HERE ARE THE CODES LISTED UP FOR YOUR CONSIDERATION THIS MORNING. DURING THIS PROCESS, WE MET WITH SEVERAL REVIEW COMMITTEES, BASED ON THEIR RESPECTIVE PROFESSIONS AND WE WOULD LIKE TO THANK THEM FOR THEIR TIRELESS EFFORTS IN THE REVIEW PROCESS. THIS WAS NOT AN EASY TASK, THIS WAS SOMETHING THAT THESE GROUPS MET EVERY WEEK FOR OVER SIX OR SEVEN MONTHS TO GO THROUGH THE CODES INDIVIDUALLY. AND TOWARDS THE END, THE MAYOR APPOINTED A COUNCIL GROUP TO GO THROUGH THESE AND WE MET WEEKLY IF NOT TWICE A WEEK TO GO THROUGH THE CODE BOOKS TO BE SURE THAT WE WERE DOING WHAT WAS RIGHT FOR THE COMMUNITY. SO, NEEDLESS TO SAY, THERE WERE COUNTLESS HOURS THAT WENT INTO THIS PROCESS AND I THINK THERE WAS A LOT OF SET OF EYES AND, THE PRODUCT BEFORE YOU TODAY IS A VERY WELL, THOUGHT OUT PROCESS WITH GOOD AMENDMENTS TO MEET THE LOCAL PRACTICES AND ALSO THE ONESAL FEW AMENDMENTS THAT MAKE SENSE

[00:45:03]

WHERE THE CODE DID NOT. HERE'S THE IBC REVIEW COMMITTEE, HERE'S THE IRC, JUST TO RECOGNIZE THEM. THE I.E. CC, RECOGNIZE THOSE FOLKS THAT PUT IN THEIR TIME AND EFFORT. THE INTERNATIONAL PLUMBING CODE, THE GUYS THAT PUT IN THEIR EFFORTS DURING THIS PROCESS. THE MECHANICAL CODE, THE SWIMMING POOL AND SPA CODE AND HERE'S THE MAYOR-APPOINTED REVIEW COMMITTEE. AND, OF COURSE, AS WE ALL KNOW, REGULARLY UPDATED CODES IS IMPORTANT FOR THIS COMMUNITY, THAT WAY WE'RE STAYING UP WITH THE CURRENT TECHNOLOGIES AND THE LATEST ARE THE BUILDING'S CONSTRUCTION SCIENCES. BUILDING SAFETY IS ABOUT PREPARING FOR THE FUTURE, WITHOUT THAT, WE'RE GOING TO STAY BEHIND AND NOT BE ABLE TO USE THE NEW TECHNOLOGIES TO BETTER PROTECT OUR COMMUNITY.

THE BODES FOR YOU TODAY ARE JUST MINIMUM STANDARDS. AND WHEN I SAY MINIMUM IT'S A 70 OF A PASSING GRADE. IF YOU WERE TO PASS THE BASIC CODE, YOU'RE BASICALLY GETTING A 70. SO, THERE'S ALWAYS ROOM FOR IMPROVEMENTS THROUGHOUT THE CODE AND WE'VE MADE THOSE CHANGES FOR THE COMMUNITY. WITH THAT, I'M HAPPY TO ANSWER ANY QUESTIONS THAT YOU MAY HAVE.

>> THANK YOU FOR THE PROCESS, AND, OPPORTUNITY TO ENGAGE THE BUSINESS SECTOR AND APPRECIATIVE OF THE COMMITTEE APPOINTED FOR THE COUNCIL, I THINK I SPEAK FOR EACH ONE OF US, WE SO APPRECIATE LYNN AND SHANE FOR PARTICIPATES IN OUR STEAD AND IT REPRESENTS A

SMALL TREE IN FRONT. >> I WAS GOING TO SHOW EVERYONE THIS IS WHAT STAFF HAD TO GO THROUGH WITH COUNCIL, OR WITH LYNN AND I, IN ADDITION TO. THERE WAS A LOT OF READING.

>> YOU'RE MISSING THE FIRE CODE.

>> YEAH, WE ALREADY DID THAT ONE. THE FIRE CODE WAS THE SIZE OF THE BUILDING CODE. BUT, THESE ARE IMPORTANT CODES FOR THE COMMUNITY THAT WE KEEP UP-TO-DATE, BECAUSE, THERE'S THINGS WITH THE INTERNATIONAL, ISO RATINGS, AND INSURANCE COST FOR HOMES AND, THERE'S JUST, A LOT OF THINGS AND THERE'S NEW TECHNOLOGY THAT'S ONE OF THE THINGS YOU LOOK AT THIS AS SEEING RESTRICTIONS, BUT THERE'S NO TECHNOLOGIES WHICH HAVE COME OUT THAT TIM WAS MENTIONING THAT ALLOW PEOPLE TO DO OTHER THINGS THAT MAKE THEIR HOMES MORE ENERGY EFFICIENT. OR, BETTER LIGHTING, OR WORK FLOW BETTER WITH HOW THEY'VE DONE THINGS, DIFFERENT ELECTRICAL REQUIREMENTS AND THINGS THAT HAVE CHANGED WITH THAT. AND NEW TECHNOLOGIES, AND, IT JUST ADDRESSES ALL OF THOSE THINGS AND MAKES SURE THAT THEY'RE INCORPORATED INTO NEW CONSTRUCTION IN A NEW WAY AND IN A PROPER WAY WHICH IS SAFE. I ALSO WANTED TO MENTION, AND, I MENTIONED TO ROBERT, I WANTED TO TALK ABOUT THIS A BIT. ONE NEW CODE THAT WE HAVE NOT ADOPTED BEFORE, MOST OF THESE ARE UPDATING TO THE CURRENT STANDARD, BUT A NEW CODE IS THE PROPERTY MAINTENANCE CODE, AND THERE MAY BE CONCERN WITH THE PROPERTY MAINTENANCE CODE AND WE'RE GOING TO COME IN AND START TO MAKE SURE THAT EVERYONE'S HOME INSIDE AND OUT IS UP TO SOME CODE. THE CODE, NUMBER ONE, IS JUST AN EXTERNAL EVALUATION. SO, IF WE COULD SEE SOMETHING FALLING DOWN, THAT'S UNSAFE, THEN, IT GIVES US AN OPPORTUNITY TO COME IN AND HAVE SOME TEETH TO TRY AND ENCOURAGE THINGS TO HAPPEN. BUT, WE'RE ALSO SETTING ASIDE FUNDING IN THE BUDGET TO PROVIDE HELP THROUGH THE OFFICE OF NEIGHBORHOOD SERVICES, FOR THOSE HOMEOWNERS WHO CAN'T AFFORD TO MAKE THOSE IMPROVEMENTS, THIS GIVES US AN OPPORTUNITY TO COME ON TO THE PROPERTY, IDENTIFY THE NEEDS WITH THE PROPERTY OWNER, AND TRY TO BRING ABOUT A BETTER LIVING CONDITION FOR THE FAMILY THAT'S AT THAT HOME. SO, I APPRECIATE THE WORK THAT YOU'VE DONE, I APPRECIATE THE WORK THAT YOU'VE DONE, ROBERT, ON THAT, SO THAT WE COULD TRY AND HELP SOME OF THESE AREAS OF TOWN THAT ARE STARTING TO FALL APART IN A WAY THAT'S MEANINGFUL AND LONG-TERM BENEFICIAL TO THEM.