Apr 11, 2024 City Council

[CALL TO ORDER]

[00:00:13]

A.M. I CALL THIS MEETING TO ORDER. I HAVE SOME VERY SPECIAL GUEST I WILL INTRODUCE IN A MOMENT. RIGHT NOW, I WOULD LIKE TO GET COUNCILMAN YATES TO LEAD OUR INVOCATION.

>> DEAR LORD IN HEAVEN, WE THANK YOU FOR THIS DAY AND THE MANY BLESSINGS YOU HAVE BESTOWED ON US AND THE CITIZENS OF ABILENE ON THE CITY STAFF, THE MANY PEOPLE THAT LIVE AND OF HAND ON THE SERVICES THAT THE CITY PROVIDE. WE ARE BLESSED TO LIVE IN THIS COMMUNITY AND ENJOY THE ENVIRONMENT THAT WE ARE ABLE TO PROVIDE . WE THANK YOU FOR ALL OF YOUR GIFTS, PARTICULARLY, FOR THE SACRIFICE OF YOUR SON, OUR LORD, JESUS CHRIST. IN JESUS'S NAME, WE PRAY.

>> WE ARE HONORED TO HAVE BREAKFAST IN GRAY, MICHAEL NELSON, AND LUNA PORTILLO. DID I SAY THAT RIGHT? WE PRACTICED.

THEY WILL HELP LEAD US IN OUR PLEDGES.

>> I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA, AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL.

UNDER THE TEXAS FLAG, I PLEDGE ALLEGIANCE TO THE, TEXAS, ONE

AND INDIVISIBLE. >> I FORGOT TO INTRODUCE BETHANY ANDERSON BACK HERE. SHE IS THEIR FIFTH GRADE MATH TEACHER AT THOMAS ELEMENTARY. COUNCILMAN MCALLISTER IS NOT

[CONSENT AGENDA AND PUBLIC COMMENTS]

>> TIMMY VOGEL. >> SO I HOPE, AS HE WATCHED I HAVE DONE IN THE PAST WITH YOU GUYS AND THE WOMEN IN ACTION, THAT I'M VERY PASSIONATE ABOUT PROTECTING CHILDREN. AND IN ENGAGING WITH OUR CITY AND HOW WE DO A BETTER JOB OF THAT, ONE OF THE THINGS I REALIZE IS THAT WE DO NOT NECESSARILY ALWAYS KNOW THE BATTLE WE ARE FACING OR THE CIRCUMSTANCES WE ARE FACING. AS I HAVE LEARNED TO DO MORE RESEARCH AND UNDERSTAND THAT, I THINK WHEN WE WANT TO IMPLEMENT POLICIES THAT PROTECT OUR KIDS, WE NEED TO UNDERSTAND WHAT WE ARE ACTUALLY BATTLING WITH. SO I HAVE PUT NEXT TO EACH ONE OF YOUR SEATS IS A BOOK THAT, YOU KNOW, I KNOW ALL YOUR FREE TIME THAT YOU HAVE TO READ, OR YOU DO NOT HAVE A LOT OF FREE TIME. BUT IF NOTHING ELSE, IF YOU WOULD JUST READ THE INTRODUCTION, IT IS ABOUT 18 PAGES AND COVERS THE GIST OF THE BOOK. BUT IT ALSO GIVES YOU INSIGHT TO WHY I HAVE BEEN SO PASSIONATE ABOUT PROTECTING OUR CHILDREN. I DO NOT EVEN THINK WHEN I STARTED THIS BATTLE THAT I UNDERSTOOD WHAT WE WERE ACTUALLY ENGAGING WITH. SO THERE ARE A LOT OF THINGS GOING ON CULTURALLY, IF WE ARE NOT AWARE OF, WE CAN ACTUALLY BE A PART OF THE PROBLEM INSTEAD OF THE SOLUTION. I HONESTLY DO NOT THINK MANY OF US WHO ARE UNAWARE ARE ACTUALLY DOING THINGS MALICIOUSLY OR INTENTIONALLY TO CAUSE PROBLEMS, BUT I DO THINK SOMETIMES OUT OF OUR IGNORANCE, WE CAN ALSO CREATE A PLACE THAT IS NOT AS SAFE FOR OUR CHILDREN. A LOT OF TIMES, WE CONFUSE THE FACT THAT WE HAVE A FIRST AMENDMENT RIGHT TO BE ABLE TO HAVE FREE SPEECH AND ALL THIS STUFF, BUT ACTUALLY, CHILDREN ARE MINORS, AND THEY ARE A PROTECTED CLASS THAT WE TREAT DIFFERENTLY. SO AS GATEKEEPERS AND GUARDIANS, AS

[00:05:08]

AND I DID NOT EVEN KNOW THAT WE WOULD BE TALK ABOUT ADDING STUFF TO THE LIBRARY. THAT IS HONESTLY ONE OF THE PLACES THAT HAS BEEN A STRUGGLE FOR ME BECAUSE WE HAVE LIMITED POLICY THAT HAS NOT REALLY IMPACTED ANYBODY IN ANY WAY. PEOPLE DO NOT COMMENT ON THE BOOKS BEING PURCHASED, PEOPLE DO NOT UTILIZE THE MINOR CARDS. THOSE THINGS ARE REALLY INEFFECTIVE BECAUSE I DO NOT THINK WE UNDERSTOOD COMPLETELY WHAT WE WERE BATTLING. AND SO I HOPE THAT YOU HAVE SEEN THAT I AM NOT A PERSON WHO SPEAKS OUT OF EMOTION, OFF THE CUFF, OR ON THE LATEST TREND, I STAY PRETTY TRUE TO MY MESSAGE. AND YOU COULD AT LEAST GIVE US THE OPPORTUNITY TO ALL BE ON THE SAME PAGE BY AT LEAST READING THAT INTRODUCTION. AGAIN, I THANK YOU FOR WHAT YOU ARE DOING. IT IS NOT EASY TO NAVIGATE THESE TIMES. WE ARE IN UNPRECEDENTED TIMES TRYING TO BATTLE THINGS THAT GENERATIONS BEFORE HAVE NOT. THE PART OF OUR JOB AS BEING CITIZENS OF ABILENE, TEXAS, IS TO MAKE A DIFFERENCE AND BE A PART OF WHAT BRINGS ABOUT POSITIVE CHANGE IN OUR COMMUNITY. TO THINK YOU FOR YOUR SERVICE, THANK YOU FOR LISTENING, AND THANK YOU FOR READING AT LEAST

THE INTRODUCTION. >> MARY BROOKE.

>> GOOD MORNING. MY NAME IS MARY BROOKS. I LIVE IN ABILENE, TEXAS. I HAVE BEEN HERE SINCE 1969. MY CONCERN, I THOUGHT IT WAS STREETS AND OTHER STUFF. BUT THE REAL CONCERN IS TREES IN ABILENE. IF YOU NOTICE, THERE ARE MANY, MANY OLD, DYING TREES HERE. WE ARE LEAVING STUMPS IN THE GROUND AND NOBODY IS REALLY REPLANTING TREES. I WOULD LIKE TO SEE A PROGRAM IMPLEMENTED WHERE WE ARE PLANTING MORE TREES. THERE IS NOT A FRUIT TREE AROUND HERE. VERY RARELY WILL YOU SEE A FRUIT TREE, ESPECIALLY ON THE NORTH SIDE, IT LOOKS REALLY, REALLY BAD. I WISH WE COULD BETTER OUR CITY BY PLANTING MORE GREENERY, EVEN GO TO CODE ENFORCEMENT AND GET THEM, IF YOU HAVE TO MAKE PEOPLE BETTER THEIR YARDS TO MAKE IT LOOK BETTER ON THE NORTH SIDE, IT LOOKS HORRIBLE. THE CURBS ARE CRUMBLING, THE STREET LOOKS BAD, THE WHOLE CITY LOOKS BAD.

FROM BACK IN 1969, THIS WAS A PRETTY LITTLE PLACE. IT IS NOT ANYMORE, AT ALL. AND I BET IF YOU GET MORE CURBS, MORE TREES, IF YOU HAVE TO, LIKE I SAID, MAKE PEOPLE BEAUTIFY THEIR YARDS, GET A PROGRAM WHERE THERE IS A CLEANUP, MAYBE MONTHLY, MAYBE TWICE A MONTH. GET ALL THESE OLD MATTRESSES AND STUFF OUT OF THE STREET. IT REALLY NEEDS TO BE CLEANED UP.

ABILENE LOOKS BAD. THAT IS WHAT I HAVE TO SAY.

>> THANK YU. >> THAT IS ALL THE CARDS,

MAYOR. >> WE ARE STILL IN PUBLIC COMMENT PERIOD. WOULD ANYONE ELSE LIKE TO SPEAK AT THIS

TIME? >> MY NAME IS ELIZABETH POWELL, I LIVE IN ABILENE. I GOT A PICKUP THE BOOK THAT WAS PUT UNDER DESK AS I WALKED IN THIS MORNING. I WILL TRY TO KEEP IT TOGETHER. I JUST WANT TO SAY THAT THE LGBTQ COMMUNITY IS NOT SOMETHING WARRING WITH ABILENE OR WARRING WITH CHILDREN, OR TRYING TO HARM ANYONE IN ANY WAY. IN THE NEWEST ESTIMATES HAVE TO BE DQ PLUS PEOPLE BEING UP TO A QUARTER OF THE NEW GENERATION, AND THEY HEAR IT WHEN WE SAY THESE THINGS. AND I HEAR US SAY THAT WE THINK WE ARE BATTLING WITH THEM, THEY ARE WRONG THEY ARE BAD. AND BEING A CHILD AND HEARING THAT

IS UNACCEPTABLE. THANK YOU. >> WE ARE STILL IN THE PUBLIC COMMENT PERIOD. WOULD ANYONE ELSE LIKE TO SPEAK AT THIS TIME? SEEING NO ONE, I WILL CLOSE THE PUBLIC COMMENT PERIOD. I WOULD ASK FOR EMOTION AND A SECOND FOR THE CONSENT AGENDA. EMOTION FROM COUNCILMAN BEARD. A SECOND BY COUNCILMAN

PRICE. >> DID I ACCIDENTALLY BEAT HIM,

SHAWNA? >> YES, YOU MADE THE MOTION, TRAVIS. MOTION BY COUNCIL MEMBER CRAVER AND SECONDED BY

COUNCIL MEMBER PRICE. >> IS THERE ANY FURTHER

DISCUSSION? >> SHAWNA, FOR THE RECORD, I AM

[19. Ordinance (Final Reading) CUP-2024-02: Receive a Report, Hold a Discussion and Public Hearing, and Take Action on A Request From The Owner, Represented By Shelley Watson, To Apply A Conditional Use Permit To The Property At 2781 Beech St, Abilene, TX 79601 To Allow A Duplex (Tim Littlejohn)]

ABSTAINING FROM ITEM 3. >> ALL RIGHT. MOTION CARRIES.

AGENDA, WE WILL MOVE TO ITEM 19. TIM LITTLEJOHN, PLANNER OF DIRECTIVE SERVICES TO PRESENT THIS ITEM.

>> GOOD MORNING. THANK YOU FOR YOUR CONSIDERATION THIS MORNING FOR A CONDITIONAL USE PERMIT FOR 2024 E- 02. SHELLEY WATSON.

THE REQUEST TO CONSIDER A CONDITIONAL USE PERMIT TO ALLOW

[00:10:01]

HERE IS THE LOCATION MAP. HERE IS THE ZONING MAP. HERE IS THE PERMITTED USES WITHIN THE RS 6 DISTRICT. HERE IS USE OF THE SUBJECT PROPERTY. THIS PROPERTY HAS BEEN LIFE SINCE THE EARLY 60S. THE CONDITION OF THIS HOME AS A DUPLEX HAS BEEN USED SINCE THE LATE 80S. FROM WHAT I UNDERSTAND FROM THE APPLICANT IS THEY HAVE A BUYER AND PART OF THE CONDITION OF THE SALE IS TO MAKE EVERYTHING LAWFUL, INSTEAD OF EXISTING NONCONFORMING. HERE IS THE NOTIFICATION MAP. FOR IN FAVOR AND TWO OPPOSED. THIS REQUEST BEATS ALL THE CRITERIA FOR APPROVAL. PND DID HEAR THIS CASE AND IS RECOMMENDING FOR YOUR APPROVAL THIS MORNING. I WOULD BE HAPPY TO ANSWER ANY

QUESTIONS. >> ANY QUESTIONS? AT THIS TIME, I WILL OPEN UP PUBLIC HEARING. IS THERE ANYONE THAT WOULD LIKE TO SPEAK FOR OREGON'S ITEM 19? PLEASE COME FORWARD AND GIVE YOUR NAME FOR THE RECORD. SEEING NO ONE, I WILL CLOSE THE PUBLIC HEARING. ANY QUESTIONS FROM COUNSEL? IF NOT, I WILL

ACCEPT A MOTION AND A SECOND. >> SO MOVED. I HIT THE BUTTON

THIS TIME. >> PROBABLY SAY IT AND THEN HIT THE BUTTON. THAT WOULD BE BEST.

>> OH, LORD. I HAVE EMOTION FROM?

>> COMES NUMBER BEARD. >> I SECOND FROM?

>> COUNCILMEMBER YATE. I NEED EVERYBODY TO PLAY BY THE RULES.

VOTE. >> ALL YESES. MOTION CARRIES.

>> MOTION CARRIES. SORRY, I AM TRYING TO GET THE INK PEN TO

[20. Ordinance (Final Reading) Z-2024-05: Receive a Report, Hold a Discussion and Public Hearing, and Take Action on A Request From The Owner, Represented By Larry Coon, To Change The Zoning Of Approximately 1.94 Acres From Single Family Residential (RS-8) To General Retail (GR). Located At 6466 Buffalo Gap Rd. (Tim Littlejohn)]

PRESENT THIS ITEM. >> AND KEEP IT UP FOR YOUR CONSIDERATION IS ZONING CASE 2024-05. PAUL JOHNSON AND ASSOCIATES. THEY ARE REQUESTING TO CHANGE THE ZONING OF APPROXIMATELY 1.94 ACRES FROM RS 8 TO A GENERAL RETAIL DISTRICT. LOCATED AT 6466 BUFFALO GAP ROAD. HERE IS THE LOCATION MAP, HERE IS THE CURRENT ZONING MAP. HERE ARE VIEWS OF THE SUBJECT PROPERTY. HERE IS THE CURRENT PERMITTED USES. HERE IS THE PROPOSED GENERAL RETAIL USES.

NOTIFICATION AREA IN FAVOR AND ZERO OPPOSED. THIS REQUEST DOES MEET ALL THE CRITERIA SET FORTH IN THE DEVELOPMENT CODE, PNC DID HEAR THIS CASE I RECOMMENDING TO YOU THIS MORNING APPROVAL. I WOULD BE HAPPY TO ANSWER ANY QUESTIONS.

YOU, TIM. AT THIS TIME, I WILL OPEN UP PUBLIC COMMENT. IS THERE ANYONE THAT WOULD LIKE TO SPEAK FOR OR AGAINST ITEM 20? THESE COME FORWARD AND GIVE YOUR NAME TO THE RECORD.

SEEING NO ONE, I WILL CLOSE THE PUBLIC PERIOD. ANY FURTHER DISCUSSION? IF NOT, I WILL ACCEPT A MOTION IN A SECOND. I HAVE EMOTION BY COUNCILMAN CRAVER.

>> SECOND. >> A SECOND BY COUNCILMAN PRICE. FURTHER DISCUSSION? READY TO VOTE?

>> A MADE -- A MOTION BY COUNCIL MEMBER PRICE. ALL

[21. Ordinance (Final Reading) Z-2024-06: Receive a Report, Hold a Discussion and Public Hearing, and Take Action on A Request From The Owner, Represented By Jacob Martin To Change The Zoning Of Approximately 138.26 Acres From Agricultural Open (AO) To Residential Single Family (RS-6). Located West Of Butterfield Meadows Parkway. (Tim Littlejohn)]

YESES, MOTION CARRIES. >> MOTION CARRIES.

>> I HAVE THREE PENS THAT DO NOT WORK. I WILL MOVE TO ITEM 21. I WILL ASK TIM LITTLEJOHN TO PRESENT THIS ITEM.

>> UP FOR CONSIDERATION IS ZONING CASE 2024-06. HE IS REQUESTING TO MOVE -- TO A RS 6 DISTRICT, LOCATED WEST OF BUTTERFIELD MEADOWS PARKWAY. HERE IS THE LOCATION MAP, HERE

[00:15:02]

THIS REQUEST IS CONSISTENT WITH THE COMFORT OF THE PLAN AND MEETS ALL CRITERIA FOR APPROVAL WITHIN THE DEVELOPED CODE. PNC DID HEAR THIS CASE AND I RECOMMENDING FOR YOUR APPROVAL THIS MORNING. I WOULD BE HAPPY TO ANSWER ANY QUESTIONS.

>> ANY QUESTIONS ON THIS? >> DO YOU HAVE ANY CONCERNS OF IMPACTS AS FAR AS FLOODWAY IN YOUR FLOOD ZONE SIGHTING FOR

THIS DEVELOPMENT? >> DURING THE DEVELOPMENT OF THE EXTENSION OF BUTTERFIELD MEADOWS, TADDRESSED WITH THE CITY ENGINEER AND ADMINISTRATOR. JACOB MARTIN IS VERY WELL EXPERIENCED WITH WORKING WITH THE FLOODPLAINS.

>> WAS THERE ANY CONCERN WITH REGARD TO THAT LARGE AREA CONSTRICTING DOWN TO BASICALLY ONE WERE TWO ROADS FOR EGRESS, IN CASE THERE IS AN EMERGENCY OR SOMETHING? AT THAT ENTRANCE POINT, IT WOULD BLOCK IN OUR OUT A LOT OF PEOPLE.

>> I HAVE NOT HEARD CONCERNS FROM STAFF, SIR.

>> OTHER QUESTIONS? THANK YOU, TIM.

>> AT THIS TIME, I WILL OPEN UP PUBLIC COMMENT. ANYONE WISHING TO SPEAK FOR OR AGAINST ITEM 21, PLEASE STATE YOUR NAME AND

RESIDENCE FOR THE RECORD. >> GOOD MORNING, CLAYTON FERRO, AGENT FOR THE DEVELOPER. THIS IS A ZONING REQUEST TO SUPPORT THE LONG-TERM GOAL OF CONTINUING DEVELOPMENT OF THE BUTTERFIELD MEADOWS SUBDIVISION. LIKE TIM SAID, WE WOULD WORK WITH PUBLIC WORKS ON THE FLOODPLAIN, ACCESS, ALL OF THOSE REQUIREMENTS THAT ARE PART OF THE PLAN REVIEW PROCESS. THERE ARE OTHER QUESTIONS, I WOULD BE HAPPY TO

ANSWER THEM. >> THANK YOU. IS THERE ANYONE ELSE WHO WOULD LIKE TO SPEAK ON ITEM 21? HEARING ON, I WILL CLOSE THE PUBLIC HEARING. ANY QUESTIONS FROM COUNSEL? IF NOT, I WILL TAKE A MOTION IN A SECOND. A MOTION BY COUNCIL MEMBER PRICE AND A SECOND BY COMES NUMBER CRAVER. NO MORE

DISCUSSION, READY TO VOTE? >> ALL YESES, MOTION CARRIES.

[22. Ordinance (Final Reading) Z-2024-07: Receive a Report, Hold a Discussion and Public Hearing, and Take Action on A Request From The Owner, Represented By JES Development, To Amend The Terms And Conditions Of A Planned Development District (PDD-178). Specifically, To Allow The Use Of The Existing Structures Located On The East Side Of The Property For Residential And Accessory Use And To Amend The Concept Plan. Located At 309 S Pioneer Drive. (Tim Littlejohn)]

>> WE WILL MOVE TO ITEM 22. TIM LITTLEJOHN, YOU ARE UP AGAIN.

CONSIDERATION THIS MORNING IS ZONING CASE 2024-07 . THE AGENT IS MIKE ASH AND RYAN GARCIA. REQUEST TO CONSIDER IS TO AMEND PD -- LOCATED AT 309 SOUTH PIONEER DRIVE. HERE IS THE LOCATION MAP. HERE IS THE CURRENT ZONING MAP. VIEWS OF THE SUBJECT PROPERTY. NOTIFICATIONS, ALL IN FAVOR, ZERO OPPOSED. HERE IS THE ORIGINAL CONCEPT PLAN. AND HERE IS THE PROPOSED CONCEPT PLAN. THE REASON FOR THIS REQUEST IS THAT IT DID GO TO TO THE TEXAS HISTORIC COMMISSION, THEY ARE REQUIRING THE TWO OUTBUILDINGS TO REMAIN. THEY FOUND THOSE TO BE SIGNIFICANT AND HISTORICAL IN NATURE. SO THE ONE TO THE NORTHEAST CORNER WILL TURN INTO SOME MORE UNITS. IN THE ONE ON THE SOUTH EAST CORNER WILL TURN INTO A MAINTENANCE SHED. BUT THEY WILL BE RESTORED. AND AS YOU CAN SEE BY THE NEW CONCEPT PLAN, THEY WILL STILL HAVE THE SINGLE STORAGE STRUCTURE, BUT IT ACTUALLY WORKS OUT THAT HER BECAUSE NOW YOU HAVE EVEN MORE BUFFER SPACE BETWEEN THE HOUSES TO THE EAST. HERE IS THE PROPOSED CHANGES. BASICALLY THE ONLY CHANGES A SETBACK REQUIREMENT AND IT SHALL NOT PERTAIN TO ANY EXISTING STRUCTURES DESIGNATED AS HISTORIC BY THE TEXAS HISTORIC COMMISSION OR BY THE NATIONAL PARK SERVICE. AND OF COURSE, THE CONCEPT PLAN. THE FINDINGS IS EVERYTHING MEETS THE CRITERIA FOR APPROVAL WITHIN THE DEVELOPMENT CODE. PN Z DID

[00:20:04]

>> THIS IS TIM. THIS IS A REQUEST FOR US. WHEN THIS FIRST CAME TO US FROM PN Z, THE WORDING IN THE EXHIBIT ACTUALLY SAID THAT THE SETBACK REQUIREMENTS SHALL IMPLY, THAT WORD WAS LEFT OUT. WE HAVE TO MAKE SURE, BECAUSE WE ARE NOT APPROVING WHAT PN THE APPROVED, WE ARE APPROVING THE OPPOSITE.

WILL HAVE YOU CLARIFY THAT. ANY OTHER QUESTIONS? AT THIS TIME, I WILL OPEN UP THE PUBLIC HEARING. IS THERE ANYONE THAT WOULD LIKE TO SPEAK FOR OR AGAINST ITEM 22? COME FORWARD AND GIVE YOUR NAME TO THE RECORD. SEEING NO ONE, I WILL CLOSE THE PUBLIC HEARING. IS THERE ANY FURTHER DISCUSSION?

>> I MAKE A MOTION THAT WE APPROVE WHAT HAS BEEN REQUESTED WITH THE CHANGE IN THE SETBACKS AND THE CHANGES SHALL NOT APPLY TO EXISTING STRUCTURES. I HAVE EMOTION BY COUNCILMAN PRICE AND A SECOND BY COUNCILMAN BEARD. ANY FURTHER DISCUSSION?

>> HANG ON. LET ME MAKE SURE THAT I UNDERSTAND WHAT WAS MESSED UP AND WHAT WE ARE CHANGING. EXHIBIT B, SETBACKS, NUMBER TWO . WHAT ACTUALLY CAME FROM PN Z SAID THE SETBACK REQUIREMENTS LISTED ABOVE SHALL APPLY TO ANY EXISTING STRUCTURES. WITH THE INTENT WAS IS THAT IT SHALL NOT APPLY TO EXISTING STRUCTURES BECAUSE THEY ARE TOO CLOSE TO THE PROPERTY LINE AND THEY DO NOT MEET THE SETBACK REQUIREMENT.

>> OKAY, I AM LOOKING AT EXHIBIT B. IS IT SHALL NOT.

THEY CHANGED IT AFTER I POINTED OUT THAT WHAT WE FIRST RECEIVED FROM PN Z HAD THE WORD NOT IN IT.

>> I WAS NOT FOLLOWING. IT SAYS THAT, BUT THANK YOU FOR

POINTING THAT OUT. >> WHAT CAME FROM PN Z SAID

SHALL NOT APPLY. >> WE ARE USING THE LANGUAGE FROM EXHIBIT B? THE LANGUAGE IS IN EXHIBIT B NOW? OKAY, THANK

YOU. >> HE IS CONTENT. THANK YOU.

ANY FURTHER DISCUSSION? I WOULD JUST LIKE TO SAY THAT I'M REALLY EXCITED TO SEE THIS HISTORIC BUILDING THAT I THINK EVERYONE WANTS ABILENE TO KEEP, I THINK THEY HAVE A VERY GOOD PLAN. NO FURTHER DISCUSSION, WE ARE READY TO VOTE.

>> ALL YESES, MOTION CARRIES. >> MOTION CARRIES. SORRY. WHAT

[23. Ordinance (Final Reading): Receive a Report, Hold a Discussion and Public Hearing, and Take Action on Amending Chapter 15, "Lakes," Article II, "Lake Fort Phantom Hill," Section 15-18, "Prohibited Areas," Code of Ordinances (Stanley Smith)]

>> THANK YOU, MAYOR. AS A COUNSEL RECALLS, SEVERAL YEARS AGO THE CITY OF CLYDE HAD PURCHASED AN OLD PLANT FOR THEIR WATER NEEDS. AND AS THEY ARE PROGRESSING WITH THEIR PROJECT TO CREATE THE PIPELINE AND THAT PROJECT, THEY HAVE A LAUNDRY LIST OF THINGS FROM THE TC QUEUE THAT NEEDS TO BE DONE.

ONE OF THOSE IS TO HAVE A RESTRICTED ZONE AROUND THE INTAKE AT THAT PLANT, WHICH CREATE A 200 FOOT BUFFER AROUND THAT INTAKE. THERE IS NO RECREATIONAL ACTIVITIES, NO TRESPASSING, WHICH IS EXACTLY THE SAME THING THAT WE HAVE AROUND OUR INTAKE AT THE LAKE. BECAUSE IT IS IN THE CITY OF ABILENE, THE CITY OF CLYDE IS REQUESTING THAT THE CITY OF ABILENE ADDED THIS TO OUR CODE. THAT IS ESSENTIALLY WHAT IT IS.

WE WERE TRACKING THE LANGUAGE IN THE ADMINISTERING OF CODE STATUTES AND MADE AN ADJUSTMENT TO OUR LANGUAGE AS WELL, JUST SO THAT THEY MATCH EACH OTHER, ESSENTIALLY. THAT IS WHAT THE NEED IS. AS A GOOD NEIGHBOR AND REGIONAL WATER PROVIDER, WE ARE ASKING THAT IT BE PASSED TODAY. WE ARE ALSO ENTERING INTO AN AGREEMENT WITH THE CITY OF CLYDE THAT THEY WILL COVER THE COST TO INSTALL WHATEVER SIGNAGE OR BUOYS THAT IS REQUIRED TO COMPLY AND THAT THEY MAINTAIN IT. THEY JUST LET US KNOW THAT THEY WILL BE FOOTING THE BILL FOR THIS. AND I AM HAPPY TO ANSWER ANY QUESTIONS YOU MIGHT HAVE.

>> ANY QUESTIONS? THAT IS THE BEST KIND OF NEIGHBOR. THANK YOU. AT THIS TIME, I WILL OPEN UP THE PUBLIC HEARING. IS THERE ANYONE THAT WOULD LIKE TO SPEAK FOR OR AGAINST ITEM 23, PLEASE COME FORWARD AND STATE YOUR NAME FOR THE RECORD. SEEING NO ONE, I WILL CLOSE THE PUBLIC HEARING. OTHER ANY FURTHER QUESTIONS FROM COUNSEL? IF NOT, I WILL ACCEPT A MOTION AND A

SECOND. >> SO MOVED.

>> A MOTION BY COUNCIL MEMBER YATE. A SECOND BY COUNCILMEMBER

[00:25:06]

[24. Ordinance (Final Reading): Receive a Report, Hold a Discussion and Public Hearing, and Take Action on Adopting Amendments to the 2023-2024 Operating Budget (Robert Hanna)]

>> ALL YESES, MOTION CARRIES. >> WE NOW WILL MOVE TO ITEM 24.

I WILL ASK ROBERT HANNA, CITY MANAGER, TO PRESENT THIS ONE.

BE A BRIEF PRESENTATION, WE JUST TALKED THROUGH THIS AT THE LAST COUNCIL MEETING IN DETAIL. FOR THOSE CITIZENS WHO MAY NOT HAVE BEEN WITH US AT THAT TIME AND FOR THOSE WATCHING ON TV JUST BRIEFLY, THIS CHART IN FRONT OF YOU TODAY REFLECTS OUR 12 MONTH AND 36 MONTH AVERAGE SALES TAX COLLECTIONS. THE THEORY BEHIND THIS CHART IS THAT AS THE LINES DIVERGE FROM ONE ANOTHER, WE HAVE A REVENUE EXPANDING ENVIRONMENT, IF THEY COME TOGETHER, YOU ARE ON A REVENUE SHRINKING ENVIRONMENT .

AND WHILE WE ARE MOVING TOWARD A REVENUE SHRINKING ENVIRONMENT, I WAS NOT OVERLY CONCERNED ABOUT IT BECAUSE IT WAS MOVING AT A PREDICTABLE AND STEADY PACE, UNTIL FEBRUARY.

YOU CAN SEE WHERE THE TWO LINES CRASHED INTO EACH OTHER QUITE DRAMATICALLY. THAT IS UNUSUAL, IT DOES NOT HAPPEN. IT HAPPENED BECAUSE THE STATE OF TEXAS DID AN AUDIT ADJUSTMENT FOR A TAX PAYER THAT SUED THE STATE YEARS AGO AND FINALLY THE CASE WAS SETTLED. SO THE COMPTROLLER HAD TO CLAW THAT MONEY BACK. AS A RESULT, WE ARE HAVING TO MAKE SOME BUDGET ADJUSTMENTS TO ACCOMMODATE THE LOSS OF REVENUE. AND JUST TO SHOW YOU WHERE WE ARE TODAY IN SALES TAX COLLECTIONS, WE JUST HAD OUR APRIL COLLECTION INFORMATION YESTERDAY. AND IT IS UP TO .08% FROM LAST YEAR, WHICH IS GOOD. BUT IT IS ONLY UP 8/10 OF A PERCENT FROM WHAT WE BUDGETED. WE BUDGETED 2% MONTHLY INCREASE IN SALES TAX COLLECTIONS. WE ARE ONLY UPDATE TENANTS OF THAT BUDGET AMOUNT. YEAR TO DATE FOR THE BUDGET, WE ARE DOWN $848,000, OR 4.3%. AGAIN, YOU CAN SEE THAT THE DECLINING REVENUE BAR HAS HAD SOME IMPACT ON COLLECTION OF THOUGHTS. BUT THE BIGGEST IMPACT HAS BEEN THE COMPTROLLER'S AUDIT ADJUSTMENT. SO WHAT ARE WE CUTTING? IN GENERAL, I AM ASKING COUNSEL TO CUT LINE ITEMS IN THE FISCAL YEAR 2024 BUDGET ON A PRORATED BASIS. WE WILL BE FREEZING SOME POSITIONS TO COVER EXPENSES THAT WE DID NOT NECESSARILY INCLUDE ON THE BUDGET. WE NEED TO HAVE A BALANCED BUDGET. TO REDUCE EXPENSES TO ACCOMMODATE THOSE UNFORESEEN COSTS. ALSO, FREEZING SOME ADDITIONAL POSITIONS THAT ARE DIFFICULT TO HIRE. TYPICALLY AT THE END OF THE YEAR, WE DO NOT HAVE ALL THOSE POSITIONS ARE HIRED TO BEGIN WITH. THAT IS ABOUT $416,000 IN SAVINGS. THE GENERAL FUND TRANSFERS, UTILITY PAYMENTS, REDUCTION IN GENERAL TRANSFER TO YOU THE UTILITY FUND, SALES TAX TRANSFERS, STREET MAINTENANCE, AGAIN, REDUCING THOSE AFTER THIS FISCAL YEAR WILL NOT RESULT IN A NET DECREASE IN STREET MAINTENANCE FUNDS ABILITY TO DO THE THINGS WE ARE DOING. WE ARE NOT TAKING MONEY OUT OF THE STREET MAINTENANCE FUND, WE ARE TAKING IT OUT OF THE SALES TAX. WE WILL FOR THAT TRANSFER THIS YEAR. ALSO, REDUCING THE SALES TAX TRANSFERRED TO THE IMPROVEMENT FUND BY 5/10 OF A PERCENTAGE POINT, OR HALF OF A PERCENTAGE POINT. ALL IN TOTAL, YOU GET A $1.7 MILLION DECREASE TO THE REVENUE AND EXPENDITURE SIDE OF OUR BUDGET. IN ADDITION, THIS ORDINANCE CHANGE ADDS THE ASSISTANT, THE THIRD ASSISTANT POLICE CHIEF BACK TO THE POLICE DEPARTMENT. THE CHIEF IS EAGER TO APPOINT THAT PERSON. AFTER GOING TO THE SEARCH, RIGHT NOW, HE IS INVOLVING COMMUNITY MEMBERS TO IDENTIFYING AND SELECTING TO THE NEXT ASSISTANT CHIEF WILL BE FROM ABILENE POLICE DEPARTMENT. THAT CONCLUDES MY PRESENTATION. IF YOU HAVE ANY QUESTIONS, I WOULD BE HAPPY TO

ANSWER THEM. >> QUESTIONS FOR ROBERT?

>> THIS ON OUR LAST MEETING, WE DID NOT HAVE THE FINAL FROM THE AUDIT AND THE AMOUNT TO BE CARRIED OVER. SO THAT IS ONE $.7 MILLION. SO DOES THAT IMPACT WHAT YOU ARE

REQUESTING IN ANY WAY? >> THAT IS A GOOD QUESTION. YOU ARE THE SECOND OR THIRD COUNCIL MEMBER WHO HAD ASKED ME A SIMILAR QUESTION LIKE THAT. MY RECOMMENDATION IS YOU KEEP THE FUNDS OVER THE REQUIREMENT TO MAKE A RESERVE FUND REQUIREMENT IN THE GENERAL FUND. IT PROVIDES A MAXIMUM AMOUNT OF FLEXIBILITY. THE BEAUTY OF THE PLAN I AM PRESENTING YOU TODAY FROM THE BUDGET PRODUCTION STAND POINT IS THAT WE DO NOT NEED TO TAKE SOME OF THOSE TRANSFERS, SO WE WON'T. BUT THEY ARE THERE IF WE NEED THEM. RIGHT NOW, THERE IS ONLY AN 800

[00:30:06]

>> I JUST WANTED TO CLARIFY, WE ARE NOT REDUCING THE FUND BALANCES, WE ARE NOT TAKING MONEY AWAY, WE ARE SIMPLY REDUCING THE AMOUNT OF MONEY WE ARE PUTTING IN THESE FUNDS.

>> WE ARE REDUCING THE AMOUNT OF MONEY THAT GOES INTO THE STREET MAINTENANCE FUND AND THE UTILITY FUND, WHICH WOULD REDUCE THE ANTICIPATED END-OF-THE-YEAR AMOUNT, BUT WE ARE NOT REMOVING PROJECTS OFF THE SHEET. THAT IS CORRECT.

>> BUT TO HIS POINT, AS PROJECT ARE DEDUCTED, THAT FUND WOULD BE DEDUCT , IT IS JUST NOT REPLENISHED, CORRECT?

>> AS WE SPEND MONEY OUT OF THE FUND FOR PROJECTS, YES, THE

FUNDS COME DOWN. >> ONE OTHER QUESTION. WAS IT TWO MONTHS AGO THAT WE HAD A DIP? LAST MONTH WE HAD A DIP.

THIS MONTH, WE ARE UP TO .08 PERCENT. WE IMPLEMENT THESE CHANGES, WHEN DO YOU FORESEE UNFREEZING THE HIRING FREEZE? WHAT NUMBER WOULD YOU WANT TO SEE IN ONE WITH THAT NUMBER COME IN FOR YOU TO GO, OKAY, LET'S BACKTRACK ON THIS?

>> I DO NOT FORESEE MOVING ANY STAFFING CHANGES UNTIL THE END OF THE YEAR. I FULLY ANTICIPATE THESE WILL HAVE TO CONTINUE INTO FISCAL YEAR 25 AS WELL. ONE OF THE REASONS WHY I AM RECOMMENDING THAT WE CUT A LITTLE MORE AGGRESSIVELY IS BECAUSE FISCAL YEAR 2025 WILL BE VERY DIFFICULT AS A FISCAL YEAR FOR US TO BE ABLE TO ADEQUATELY FUND. WE HAVE A NUMBER OF THINGS THAT WE KNOW ARE ON THE BOOKS THAT HAVE TO BE SPENT FOR, THEY ARE NOT ONCE, THE OUR NEEDS. WE DO NOT HAVE ANY DISCRETIONARY CHOICE THERE AT ALL. SO THOSE ARE THINGS THAT HAVE TO BE FUNDED FIRST BEFORE ANYTHING ELSE.

THESE BUDGET DEDUCTIONS, IF THE ECONOMY DOES NOT IMPROVE OR SALES TAX DOES NOT BECOME A BIT HEALTHIER, IT WILL BE NECESSARY

TO MAKE IT ALL WORK. >> BUT IT DOES APPROVE . NEXT

MONTH IT JUMPS UP 4%? >> I PROBABLY WILL KEEP THE POSITIONS FROZEN TO THE END OF THE FISCAL YEAR. I DO NOT

ANTICIPATE THAT CHANGING. >> TWO QUESTIONS. FIRST, I APPRECIATE THE APPROACH THAT YOU ARE TAKING TO REDUCE THE PROJECTED BUDGET, WITH A MAXIMUM AMOUNT OF FLEXIBILITY.

IF IT TURNS OUT THAT EITHER THE COMPTROLLER DOES NOT PULL BACK AS MUCH AS WE CURRENTLY ANTICIPATED, OR IF THE ECONOMY DOES DO BETTER, DO YOU NEED TO COME BACK TO US IN ORDER TO RESTORE THESE FUNDS? OR IS THIS JUST CHANGING THE BUDGET AND THEN YOU CAN STILL FLOW THIS MONEY INTO THOSE FUNDS AUTOMATICALLY, RIGHT? AT YOUR DISCRETION.

>> A GOOD QUESTION. SINCE IT IS REVENUE, WE CAN ALWAYS HAVE MORE REVENUE THAT IS BUDGETED. BUDGET IS REALLY ABOUT THE EXPENSE SIDE OF THINGS. RIGHT? SO I WOULD NOT HAVE THE AUTHORITY TO EXPEND DOLLARS THAT HAVE BEEN REDUCED WITHOUT COUNCIL APPROVAL. SO IN THE EVENT THAT WE WIN THE LOTTERY AND WE GET $1 BILLION FROM THE FEDS IN LIFE IS GREAT, I WOULD COME BACK AND ASK COUNSEL TO AMEND THE BUDGET TO INCREASE

SPENDING AUTHORITY. YES, SIR. >> THE SECOND PART OF THAT. IF WE GOT A PORTION OF THAT BACK AND WE ARE DOING BETTER THAN WE HOPE, WHAT IS YOUR PRIORITY FOR RESTORING THIS WORK? WOULD YOU DO IT ACROSS THE BOARD PROPORTIONATE TO WHAT WAS

TAKEN? >> MY PRIORITY WOULD BE TO FORGO EXPENDITURES -- I WOULD STOP EXPENDITURE MECHANISMS ON

THIS. >> YOU WOULD RESTORE THE

TRANSFERS BACK TO THEM? >> YES, SIR.

>> THANK YOU. >> ANY FURTHER QUESTIONS?

>> I DID HAVE A QUESTION DEPENDING ON THE ELASTICITY OF THE MARKET. I AM CURIOUS TO KNOW, AND I THINK IT IS HELPFUL TO KNOW, DO YOU SEE ANY OF THE BUDGET CONSTRAINTS HAVING ANY IMPACT ON THE DELIVERY OF GOODS AND SERVICES TO THE RESIDENTS

OF ABILENE? >> THAT IS A GREAT QUESTION.

NOT AT THIS TIME. THE CUTS THAT WE CHOSE IN THE ADDITIONS THAT WE CHOSE WILL HAVE THE LEAST AMOUNT OF IMPACT. THEY ARE NECESSARY, THE POSITIONS WE HAVE HERE ARE NECESSARY, THEY JUST HISTORICALLY ARE VERY DIFFICULT TO FILL. BEING A

[00:35:02]

>> OKAY, THANK YOU, SIR. ANY MORE QUESTIONS FOR ROBERT? AT THIS TIME, I WILL OPEN UP THE PUBLIC HEARING. IS THERE ANYONE THAT WOULD LIKE TO SPEAK FOR OR AGAINST ITEM 24? PLEASE COME FORWARD AND GIVE YOUR NAME TO THE RECORD. SEEING NO ONE, I WILL CLOSE THE PUBLIC HEARING. ANY FURTHER DISCUSSION? IF NOT, I WILL ACCEPT A MOTION AND A SECOND.

>> SECOND. >> A MOTION BY COUNCILMAN BEARD AND A SECOND BY COUNCILMAN PRICE. ANY FURTHER DISCUSSION?

ARE WE READY TO VOTE? >> ALL YESES, MOTION CARRIES.

[EXECUTIVE SESSION]

>> IT IS NOW 9:07 A.M. WE WILL RECESS TO THE EXECUTIVE SECTION, PURSUANT TO THE OPEN MEETINGS ACT . SECTION 551072, DELIBERATION ABOUT REAL PROPERTIES, SECTION 551.073, DELIBERATIONS ABOUT GIFTS AND DONATIONS. SECTION 551.074 , PERSONNEL MATTERS. SECTION 551.076, DELIBERATIONS

[26. Resolution: Receive a Report, Hold a Discussion and Public Hearing, and Take Action on a Donation of Land to the Veteran's Land Board for the Veteran's Cemetery Expansion (Robert Hanna)]

>> THANK YOU, MEMBER AND COUNSEL. THE ITEM TODAY IS CONSIDERATION FOR A REQUEST ON THE VETERANS LAND BOARD TO DONATE, ON THE SOUTHERN TRACT OF LAND IMMEDIATELY SOUTH OF THE CURRENT VETERANS CEMETERY, IT WOULD ALLOW THEM TO EXPAND IN THE FUTURE. WHILE THEY ARE NOT IN NEED OF THAT EXPANSION TODAY, WE DON'T MAKE ANY MORE LAND, SO IT IS AVAILABLE, THEY HAVE HEARD AND UNDERSTOOD THAT COUNSEL IS IN THE PROCESS OF SERVING LAND FOR PRIVATE SECTOR PURCHASE AND USE ON CITY-OWNED PROPERTY IN PARCELS AROUND THE LAKE. SO THEY WANTED TO MAKE SURE THAT IF IT WAS GOING TO HAPPEN TO THAT TRACT, THAT THEY HAD AN OPPORTUNITY TO REQUEST A DONATION. WHAT I WOULD LIKE FROM COUNSEL IS CONSIDERATION FROM YOU ALL FOR APPROVAL FOR ME TO MOVE FORWARD WITH A DONATION OF THE ENTIRE TRACK, IT IS ABOUT 111 ACRES, HEAVILY ABOUT 60 TO 80 IS USABLE. AND TO DONATE THAT TO THE VETERANS LAND BOARD FOR THE EXPANSION OF THE STATE VETERAN CEMETERY. IF YOU APPROVE THAT CONCEPT TODAY, THEN I WILL BRING BACK TO YOU AND OPEN SESSION ITEM, A SURVEY, AND ALL THE DOCUMENTS ASSOCIATED WITH THAT DEDICATION FOR APPROVAL AT THAT TIME IN OPEN MEETING. IN ADDITION, I WILL SAY THAT THE WAY THE STATE LANGUAGES WRITTEN ON HOW THE VETERANS LAND BOARD CAN ACCEPT DONATIONS, THEY ARE NOT ALLOWED BY STATE LAW TO PAY FOR ANY OF THIS. SO THE SITE SURVEY WORK, THE TITLE, ALL OF THE THINGS HAVE TO BE PAID FOR BY THE CITY OF ABILENE, WHICH IS WHAT WE DID THE LAST TIME WE DONATED LAND TO THE VO B. BUT UNLESS YOU HAVE ANY OTHER QUESTIONS, THAT CONCLUDES OUR DISCUSSION AT THIS TIME.

>> IF ANYONE IS CURIOUS, THERE IS ALSO A CLUB.

>> THANK YOU, SHANE. THERE IS A CLUB OR PROVISION UNDER STATE LAW THAT IF THEY CHOOSE NOT TO USE IT FOR CEMETERY PURPOSES, IT COMES BACK TO THE CITY OF ABILENE, AND THEN WE CAN DO

WHATEVER WE WANT WITH IT. >> I THINK WE ARE HONORED TO HAVE A VETERANS CEMETERY HERE. UNFORTUNATELY, IT WILL NEED TO BE EXPANDED, AND IT IS A BEAUTIFUL CEMETERY, I THINK IT

[00:40:02]

DISCUSSION, READY TO VOTE. >> ALL YESES, MOTION CARRIES.

>> THANK YOU. IT IS NOW

* This transcript was compiled from uncorrected Closed Captioning.