[CALL TO ORDER]
[00:00:07]
>> LET US CALL THIS MEETING TO ORDER. PLEASE
START THE INVOCATION. >> COME BEFORE YOU THIS MORNING, GRATEFUL FOR YOUR PROVISIONS AND PROTECTIONS. WE ARE MINDFUL OF THOSE CLOSE TO US WHO EXPERIENCED THE DAMAGE FROM STORMS , AND WE LIFT UP THOSE FAMILIES AND ASK FOR YOUR HEALING AND PROTECTION OVER THEM. PLEASE GRANT US MORE WISDOM TO MAKE DECISIONS IN THE BEST INTEREST OF OUR CITY AND CITIZENS. WE PRAY FOR THOSE DECISIONS TO BRING HONOR TO YOU. THANK YOU, LORD, FOR PROTECTING US NOW. IN JESUS'
NAME. >> TODAY, I HAVE BLAKE PETERSON. AND HIS PARENTS, KEVIN AND ANGELA. AND I HAVE SOPHIA AND HER MOTHER KENDRA IS WITH US. THEY ARE FOURTH GRADERS FOR ONE MORE DAY. TOMORROW, THEY TOLD US THEY ARE
PROBABLY GOING TO SLEEP IN. >> I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL. HONOR THE TEXAS FLAG; I PLEDGE ALLEGIANCE TO THEE, TEXAS, ONE STATE UNDER GOD, ONE AND INDIVISIBLE.
>> YOUNGKIN COME UP HERE AND GET A PICTURE IF YOU WANT.
Y'ALL LET US KNOW HOW THAT SLEEPING AND WORKS OUT.
>> IT'S SUMMERTIME. IT'S SUMMERTIME.
[PRESENTATIONS, RECOGNITIONS, PROCLAMATIONS AND ANNOUNCEMENTS]
>> WE HAVE SOME PROCLAMATIONS TODAY. IT IS ECONOMIC DEVELOPMENT WEEK. CAN I GET THE REPRESENTATIVE FROM DCOA UP HERE, PLEASE? THAT IS EVERYBODY. THAT IS A GOOD-LOOKING CREW. GLAD TO SEE IT.
>> HARD-WORKING GROUP HERE. ECONOMIC DEVELOPMENT WEEK . IT FOSTERS A STRONG BUSINESS, ENHANCES WEALTH AND PROVIDES A STABLE, DIVERSIFIED TAX BASE AND WHEREAS IN THE DEVELOPMENT CORPORATION OF ABILENE'S 35 YEAR HISTORY, THE ECONOMIC DEVELOPMENT WEEK HAS SECURED MORE THAN 3.4 BILLION IN CAPITAL INVESTMENT, RESULTING IN THE DCOA PLAYING A PIVOTAL ROLE IN THE CREATION AND RETENTION OF ONE OF EVERY THREE JOBS IN ABILENE. AND WHEREAS THE ECONOMIC DEVELOPMENT TEAM IS WORKING IN SEVERAL INDUSTRIES OF ALL SIZES , URBAN AND RURAL, LOCAL, STATE, AND FEDERAL AGENCIES , INSTITUTIONS OF HIGHER EDUCATION, AND A VARIETY OF OTHER BUSINESSES, AND WHEREAS, THE DEVELOPMENT CORPORATION OF ABILENE'S CAN DEVELOP A TEAM ATTRACTS AND RETAINS HIGH-QUALITY JOBS, CREATING THE FUTURE OF ABILENE, DEVELOPS OUR VIBRANT COMMUNITY, AND GENERATES OPPORTUNITIES FOR GENERATIONS OF FAMILIES IN ABILENE, AND NOW, THEREFORE, AS MAYOR OF THE CITY OF ABILENE AND ON BEHALF OF THE ENTIRE CITY COUNCIL, HEREBY RECOGNIZE THE WEEK MAY 20 THROUGH MAY 24 2024 ECONOMIC DEVELOPMENT WEEK.
>> THANK YOU, MAYOR. TO THE COUNCIL, TO MAYOR HURT --
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REALLY, HOW DO I NAME EVERYONE? ASSISTANT CITY MANAGER RICE THAT WE WORKED SO CLOSELY WITH AND HIS TEAM, AND OF COURSE, ASSISTANT CITY MANAGER , WENDY, THANK YOU FOR ALL YOU DO, AS WELL. A GIANT THANK YOU TO THE CITY TEAM FOR YOUR SUPPORT, OUR BOARD OF DIRECTORS HERE SUPPORTED BY SAM VINCENT AND SHEA HALL, OUR CURRENT CHAIRWOMAN, AND A SPECIAL THANK YOU TO MY TEAM. INC. YOU FOR THE COUNTLESS HOURS OF DEDICATION. COUNTLESS HOURS OF SUPPORT. MAYOR, THANK YOU.THANK YOU FOR LEADING OUR COMMUNITY AND FOCUSING ON WHAT MATTERS MOST IS BUILDING A FUTURE FOR ABILENE, FOR OUR CITIZENS, AND BUILDING A FUTURE FOR IT -- FAMILIES OF ABILENE.
>> MISTY, I JUST WANT TO SAY THANK YOU AND YOUR TEAM, BECAUSE Y'ALL HAVE REALLY GOT A LOT OF THINGS DONE. WE ARE VERY APPRECIATIVE. THE WHOLE COMMUNITY IS. ALSO, I WANT TO THANK THE BOARD BECAUSE THEY ARE THE ONES THAT VOLUNTEERED.
IT IS A GREAT BOARD, AND I'M SO APPRECIATIVE OF THE SERVICE Y'ALL DO TO ABILENE. THIS IS A GREAT WORKING GROUP RIGHT HERE.
THEY GET THINGS DONE. >> THANK YOU.
>> PUBLIC WORKS WEEK. MAX, YOU GOT A CREW HERE? GOOD-LOOKING CREW.
COME ON UP. COME ON UP. I LOVE IT WHEN WE GET TO RECOGNIZE OUR WONDERFUL EMPLOYEES AT ABILENE. PUBLIC WORKS WEEK WHEREAS PUBLIC WORKS INFRASTRUCTURE IS OF VITAL IMPORTANCE TO THE HEALTH, SAFETY, AND WELL-BEING OF THE RESIDENTS OF OUR CITY, WHEREAS THIS PUBLIC WORKS WEEK'S THEME, ADVANCING LIFE FOR ALL, AND THE HEALTH, SAFETY, AND COMFORT OF OUR COMMUNITY DEPENDS ON THE EFFICIENT OPERATIONS OF OUR PUBLIC WORKS SYSTEMS AND PROGRAMS SPREAD THEIR EFFICIENCY AS WELL AS THEIR PLANNING, DESIGN, AND CONSTRUCTION COULD NOT BE PROVIDED WITHOUT THE DEDICATED EFFORTS OF OUR PUBLIC WORKS EMPLOYEES. THEREFORE, AS MAYOR AND ON BEHALF OF THE CITY COUNCIL, I EXPRESS MY GRATITUDE FOR THE LASTING CONTRIBUTIONS THAT ARE MANY PUBLIC WORKS PROFESSIONALS MAKE TO OUR GREAT CITY AND TO THE PROGRESS OF OUR COMMUNITY. I AM PLEASED TO PROCLAIM MAY 19TH THROUGH 25TH -- MAY 19TH THROUGH 25TH 2024 IN ABILENE PUBLIC WORKS WEEK.
>> ALWAYS A GREAT OPPORTUNITY TO RECOGNIZE THE QUALITY FOLKS AND THE GREAT THINGS THEY DO EVERY DAY. PUBLIC WORKS -- THIS IS THE WEEK. IT IS NATIONAL ALL AROUND THE NATION. MR. MAYOR, COUNCIL, ON BEHALF OF HUNDREDS OF THOUSANDS OF PUBLIC WORKS EMPLOYEES, WE APPRECIATE THE RECOGNITION, AND THANK YOU SO
VERY MUCH. >> THANK YOU, AND , YOU KNOW, THESE ARE THE PEOPLE ON THE FRONT LINES. THESE ARE THE PEOPLE AT NIGHT WHEN WE HAVE AN ISSUE. THESE ARE THE PEOPLE THAT WHEN THINGS ARE PRESENT, THEY ARE OUT THERE WORKING IN THE COLD. WE ARE DEEPLY APPRECIATIVE OF EACH AND
EVERYONE OF YOU. THANK YOU. >> THANK YOU.
[CONSENT AGENDA AND PUBLIC COMMENTS]
>> WE WILL NOW MOVE TO THE CONSENT AGENDA WHICH CONSISTS OF ITEMS THREE THROUGH 12. THESE WILL BE CONSIDERED ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION UNLESS A COUNCIL MEMBER REQUESTS SEPARATE DISCUSSION.
>> I WOULD LIKE TO PULL 12. >> ANYONE ELSE?
>> WE WILL NOW MOVE TO THE PUBLIC COMMENT. -- PERIOD. THE
[00:10:07]
PUBLIC COMMENT PERIOD WILL ONLY ALLOW MEMBERS OF THE PUBLIC TO PRESENT INFORMATION TO CITY OFFICIALS AND STAFF. PLEASE COME FORWARD AND STATE YOUR NAME AND CITY FOR THE RECORD.THERE WILL BE A THREE MINUTE TIME LIMIT. WE HAVE ANY CARDS?
>> WE HAVE ONE CARD, MR. MAYOR. DOROTHY CLAY.
>> GOOD MORNING, MAYOR. CITY MANAGER, CITY COUNCIL. -- MEMBERS. I WANT TO SAY THANK YOU FOR WHAT YOU DO DAY IN AND DAY OUT FOR OUR CITY. I'M SURE YOU HAVE A VERY HARD JOB. IT'S A LOT OF TOPICS AND THINGS TO COME ACROSS YOUR DESK, AND FROM THE BOTTOM OF MY HEART, I THINK YOU SO MUCH. I BASICALLY WANT TO JUST SAY THAT I AM THANKFUL FOR ALL OF THE MEN AND WOMEN WHO HAVE GIVEN THEIR LIVES FOR THIS GREAT, GREAT NATION. WE NOTE MEMORIAL DAY IS MONDAY. THE LAST MONDAY OF MAY EVERY YEAR. MY FATHER WAS A VETERAN. HE'S GONE ON. AND I AM TRULY THANKFUL FOR ALL THE MEN AND WOMEN WHO HAVE MADE THE ULTIMATE SACRIFICE FOR THIS GREAT , GREAT NATION. AND WE HAVE SO MANY RIGHTS AND PRIVILEGES THAT OTHER NATIONS DO NOT HAVE. AND NEVER SHOULD WE TAKE FOR GRANTED BECAUSE WE ARE SO, SO BLESSED WITH SO MANY OPPORTUNITIES. MILLIONS OF PEOPLE ARE COMING THROUGH OUR BORDERS EVERY DAY JUST TO FIND OPPORTUNITIES THAT THEY DO NOT HAVE IN THEIR OWN NATION. SO IT BRINGS ME -- ALSO, HERE IS MY CONCERN ABOUT WHAT IS HAPPENING IN OUR GOVERNMENT AS A WHOLE. I DON'T KNOW IF YOU HEARD OR NOT, BUT IT HAS BEEN ALLEGED THAT OUR GOVERNMENT IS CONSIDERING GIVING THE SOVEREIGNTY OF OUR NATION TO THE WORLD HEALTH ORGANIZATION, AND I DON'T KNOW IF YOU KNOW WHO THEY ARE. THEY ARE SUPPOSEDLY -- IT'S CONCERNED ABOUT THE HEALTH OF THE NATIONS AND BRINGING US TOGETHER AS ONE. BUT WHEN IT COMES TO THE SOVEREIGNTY OF OUR GREAT NATION, NEVER EVER SHOULD WE SIGN ANY DOCUMENTS GIVING ANOTHER ENTITY AUTHORITY OVER US. IT HAS BEEN ALLEGED THAT THIS IS PROBABLY TAKING PLACE NOW AS I SPEAK. A LOT OF PEOPLE MAY NOT REALIZE THAT THESE THINGS ARE GOING ON, BUT IT IS GOOD TO BE IN THE KNOW AND RESEARCH THINGS YOU HERE, AND I BELIEVE EVERYTHING YOU HEAR -- BUT KNOW THAT WE HAVE RIGHTS , LIKE WE PRESENT OUR CONCERNS TO THE COUNCIL. WE CAN PRESENT ALL CONCERNS WE HAVE TWO ARE LEADERS IN THE STATE GOVERNMENT AND THE FEDERAL GOVERNMENT. IT IS SO IMPORTANT BECAUSE WE DO NOT WANT ANY ENTITY TO TELL US WHAT WE CAN AND CANNOT DO, ESPECIALLY -- IT HAS BEEN ALLEGED THAT THE COMMUNIST CHINA PARTY IS REALLY THE HEAD OF THIS WORLD HEALTH ORGANIZATION. WE DON'T WANT OUR ENEMIES CONTROLLING US ON ANY BASIS FOR ANY REASON WHATSOEVER, BUT I JUST WANT TO SAY, LET'S BE IN THE KNOW. LET'S TAKE ACTION. LET'S REACH OUT AND SHARE OUR CONCERNS WITH THOSE THAT ARE IN CHARGE OF OUR GOVERNMENT. WITH THE CITY , STATE, COUNTY, WHATEVER. WE HAVE THIS GREAT PRIVILEGE IN AMERICA. WE SHOULD NOT TAKE IT FOR GRANTED. AND I DO THINK THAT ALL OF THE MEN AND WOMEN WHO HAVE GIVEN THEIR LIVES FOR THIS GREAT COUNTRY MAY REACH OUT TO THE FAMILIES AND FRIENDS AND JUST BE THANKFUL FOR THE UNITED STATES OF AMERICA, AND MOST OF ALL, THE KEY CITY OF ABILENE, TEXAS. GOD BLESS YOU AND HAVE A GREAT
DAY. >> WE ARE STILL IN THE PUBLIC, TO PERIOD. WOULD ANYONE ELSE LIKE TO SPEAK AT THIS TIME? SEEING NO ONE, I WILL CLOSE THE PUBLIC COMMENT BP. WE WILL NOW
>> SECOND. >> I HAVE A MOTION BY COUNCILMAN BEARD AND A SECOND BY COUNCILMAN REGAN. FOUR DISCUSSION, WE ARE READY TO VOTE.
[12. Ordinance (First Reading): Receive a Report, Hold a Discussion and Take Action on amending Chapter 3 Subdivision Regulation, Article 1. Subdivision Procedures, Division 4. Plat Approval Procedure (Tim Littlejohn)]
>> ALL YESES. MOTION CARRIES. >> WE WILL NOW MOVE TO ITEM 12.
COUNCILMAN REGAN, YOU HAD QUESTIONS ON THIS ONE.
OVERVIEW OF WHAT IS BEING PROPOSED HERE, WE ARE TAKING THE AUTHORITY TO APPROVE A PLAT OUT OF COMMITTEE AND SHIFTING THAT POWER AND RESPONSIBILITY OVER TO THE DIRECTOR. IS THAT
>> IN THE FIRST CONCERN WAS, IF THE DIRECTOR DENIES THE PLAT,
[00:15:05]
WHAT SORT OF APPEAL DOES THE APPLICANT HAVE? WHAT RECOURSE IF THEY SAID, THE DIRECTOR IS WRONG, CAN THEY APPEAL IT TOTHE COMMITTEE? >> ONCE IT IS DENIED ON A PLAT, THERE REALLY IS NO APPEAL PROCESS. TO GIVE YOU A LITTLE BIT OF BACKGROUND, THE LEGISLATIVE CHANGE GIVING YOU ALL THE AUTHORITY TO NAME A PARTICULAR COMMISSION OR ENTITY FOR THE ABILITY TO APPROVE PLATS IN HOUSE -- THE REASON FOR THAT WAS THERE WAS A HUGE LOBBY TRYING TO SAVE TIME WITH THE DEVELOPMENT PROCESS. THIS WAS A WAY TO GET THERE , TO ALLOW WHOEVER Y'ALL INNING TO BEAT THE APPROVER. WHETHER THAT BE THE COMMISSION OR THE DIRECTOR.
>> TO PUT IT ANOTHER WAY, PLAT APPROVAL IS NOT REALLY A DISCRETIONARY THING. UNLESS THERE IS AN EXCEPTIONAL RECENT WHY YOU WOULDN'T, THE PLAT IS NOT APPROVED. IF YOU DO MEET THE REQUIREMENTS, THE PLAT MUST BE APPROVED. THIS SAVES
EVERYBODY TIME AND MONEY. >> WOULD THIS REMOVE THE PUBLIC DISCOURSE ELEMENT OF THE PLAT APPROVAL PROCESS?
>> THERE WOULD BE NO PUBLIC MEETING ASSOCIATED WITH THE PLAT APPROVAL, SO YES, IT WOULD. AGAIN, IF YOU MEET THE REQUIREMENTS THAT ARE ESTABLISHED ON THE LAND DEVELOPMENT CODE, IT IS NOT A DISCRETIONARY FUNCTION. IT HAS
TO BE APPROVED. >> OKAY. SO THROUGH PUBLIC DISCOURSE, THERE IS NO ROOM FOR INTERPRETATION. THE COMPANY MAY HAVE, WELL, THAT IS FIT IN THIS CRITERIA.
>> NO SIR. I THINK THAT THE BOARD CERTAINLY HAS THE FREEDOM TO SAY, WE THINK THAT COMPLIES. THEY ARE A BOARD. THEY ARE INDEPENDENT FROM THE DIRECTOR. MOST OF THE REQUIREMENTS IN THE LAND DEVELOPMENT CODE WHEN IT COMES TO PLATTING -- THEY ARE FAIRLY PRESCRIPTIVE. THERE'S NOT A LOT OF OBJECTIVITY. YOU ARE REQUIRED TO HAVE THIS WATER LINE OR YOU ARE NOT. THERE'S NOT A LOT OF DISK -- DECISION-MAKING. IS THAT FAIR?
>> YES. THAT'S RIGHT. >> ARE MOST OF THEM APPROVED?
ARE THEY 90% APPROVED? >> THE VAST MAJORITY OF PLATS ARE APPROVED OR APPROVED WITH CONDITIONS. THERE MAY BE SOMETHING LACKING, BUT RATHER THAN MAKING THE APPLICANT COME BACK, WE JUST SAY, NO. THIS IS APPROVED, BUT YOU DO HAVE TO
BUT THAT WATER LINE IN. >> THANK YOU.
>> YEAH. ROBERT, I VISITED ABOUT THIS VERY THING YESTERDAY. JUST PHILOSOPHICALLY , I'M A LITTLE UNCOMFORTABLE WITH THE SOLE AUTHORITY RESTING WITH ONE PERSON WITH NO RECOURSE FOR OUR CITIZENS. I DO APPRECIATE WHAT YOU ARE SAYING , ROBERT, BUT WE ALL KNOW WHEN IT COMES TO INTERPRETING SOME OF THESE THINGS, THAT THERE WILL LIKELY BE A TIME WHERE THERE IS A DISAGREEMENT OVER THE DEFINITION OF SOMETHING OR WHATEVER. I WOULD LIKE TO SEE -- AND I WILL COME DISCUSSION ON THAT APPEAL PROCESS. SHOULD IT BE TO PNZ OR TO ROBERT? LET ME CATCH THAT BY SAYING I APPRECIATE THE EFFORTS HERE BECAUSE I DO THINK THIS IS BEING DONE IN THE NAME OF EFFICIENCY AND REDUCING THE PLAT FEE. IS THAT CORRECT?
>> NO. THAT IS SOMETHING THAT THE COUNCIL SHOULD CONSIDER, IN MY OPINION. IF WE ARE NO LONGER REQUIRED TO GO TO THE BOARD FOR THESE THINGS, THE COSTS GO DOWN AND THAT SHOULD BE REFLECTED BY THE FEE. THAT IS SOMETHING THAT IS NOT PART OF THIS IT WOULD BE A SEPARATE ORDINANCE AND PROBABLY SOMETHING WE COULD DO AS PART OF THE BUDGET PROCESS FOR FY 25, OR IF YOU WANTED TO CONSIDER THAT AT THE FINAL READING, WE COULD DO THAT, TOO.
>> IF WE ARE GOING TO LOWER OUR COST, WE SHOULD LOWER THE COST FOR THE CITIZEN. I WOULD LIKE TO SEE AN APPEAL PROCESS.
>> SO WITH THAT QUESTION, OTHER AREAS OF LAND DEVELOPMENT CODE, AND WITH OTHER ORDINANCES, WE CREATED AN APPEAL PROCESS WHERE IF AN ENTITY DISAGREES WITH THE STAFF OPINION, IT CAN BE APPEALED WITH THE CITY MANAGER. IF THEY DISAGREE WITH THE CITY MANAGER, CAN THEN BE APPEAL TO THE COUNCIL BOARD. IN THIS INSTANCE, I THINK IT IS MOST APPROPRIATE FOR THE PLAT TO GO TO PNZ. THEY ARE THE FUNCTIONAL EXPERTS IN THIS AREA. IF COUNSEL IS INTERESTED IN SEEING AN APPEALS PROCESS, I DON'T DISAGREE WITH THE PHILOSOPHY BEHIND ALL OF THAT. MY
[00:20:01]
RECOMMENDATION WOULD BE THAT IT GOES TO THE DIRECTOR AS CURRENTLY WRITTEN. IF THERE IS A DIFFERENCE OF OPINION, IT GOES TO CITY MANAGER. IF THAT DIFFERENCE OF OPINION REMAINS, IT WOULD GO TO THE BOARD. THE PLANNING AND ZONING COMMISSION FOR APPROVAL. WE HAVE LANGUAGE THAT WE HAVE WRITTEN IN OTHER ORDINANCES THAT WE COULD PUT IN THIS ORDINANCE IN TIME FOR THE>> ANY FURTHER QUESTIONS? >> AND WITH THAT LANGUAGE THEN, ALSO, IF WE ARE TALKING ABOUT LOWER COST, BECAUSE IT IS LESS WORK FOR US, BUT THEN, WOULD WE INCUR , FOR LACK OF A BETTER WORD, A COST OF IT WAS APPEAL TO THE CITY MANAGER? THE WHOLE IDEA IS TO BRING THE COST DOWN BECAUSE IT IS LESS WORK -- IF
WE END UP DOING MORE WORK -- >> I THINK THE ACTUAL PERCENTAGE CHANCE OF AN APPEAL IS SO LOW -- HOWEVER, IT IS THEORETICALLY POSSIBLE. I THINK WE CAN JUST CHARGE A FEE AND MOVE ON. UNDER THE ORDINANCE AS DRAFTED, THE DIRECTOR HAS THE ABILITY TO SAY, I'M SENDING THIS TO THE BOARD FOR APPROVAL . IF YOU'RE NOT COMFORTABLE WITH APPROVING SOMETHING THAT IS DIFFERENT OR WILDLY DIFFERENT, THERE IS A MECHANISM FOR THAT. I THINK YOU JUST LOWER THE FEE AND MOVE ON. I REALLY DON'T SEE THIS BEING A ROADBLOCK TO COMPLIANCE.
>> IF THE LIONS SHARE OF THEM GET THERE --
>> WE CAN ALWAYS REEVALUATE. >> THE CITIZEN HAS THE RIGHT TO
APPEAL. >> UNDER THE DRAFT, IT WOULD BE BACK IN THAT LANGUAGE. BOTH CAN SEND IT BACK TO THE BOARD
EVENTUALLY. >> DOES IT INCLUDE THE FEE REDUCTION? TO VISIT WITH STANLEY AFTER THE MEETING TO SEE IF WE INCLUDE THAT IN THE ORDINANCE. IF WE CAN, WE CERTAINLY WILL.
>> THANK YOU. CAN I OPEN UP THE PUBLIC HEARING TO ANYONE THAT WOULD LIKE TO SPEAK FOR OR AGAINST ITEM 12? PLEASE COME FORWARD AND GIVE YOUR NAME FOR THE RECORD. SEEING NO ONE, I WILL CLOSE THE PUBLIC HEARING. I WILL ACCEPT A MOTION AND A
>> I HAVE A MOTION BY COUNCILMAN BEARD. SECOND BY COUNCILMAN REGAN. ANY FURTHER DISCUSSION? READY TO VOTE.
[13. Resolution: Receive a Report, Hold a Discussion and Public Hearing, and Take Action on Approval of a Commercial Lease of Approximately 2.596 acres, 4300 Southwest Drive, Located in Southwest Drive Complex Park, to Chick-fil-A, Inc. (Robert Hanna)]
>> ALL YESES. MOTION CARRIES. >> WE WILL MOVE TO ITEM 13. I WILL ASK ROBERT HANNA, CITY COUNSELOR TO PRESENT THIS ITEM.
>> THANK YOU. BEFORE YOU IS THE APPROVAL FOR CITY COUNCIL TO ENTER FOR APPROVAL OF A COMMERCIAL LEASE OF APPROXIMATELY 2.596 ACRES, 4300 SOUTHWEST DRIVE, LOCATED IN SOUTHWEST DRIVE COMPLEX DRIVE. THAT WOULD BE MOVED TO A NEW LOCATION. I THINK WE ARE IN DISCUSSIONS WITH WALMART. THE INTENT WOULD BE TO ME THAT THERE OR TO ANOTHER CITY PROPERTY. THIS COMMERCIAL LEASE WOULD BE CHICK-FIL-A. CHICK FLICK OPERATES THE LOCATION AT THE CORNER . WE UNDERSTAND THE CONGESTION WITH THAT RESTAURANT, AND THEY ARE SUCCESSFUL, WHICH IS GREAT FOR THE ABILENE ECONOMY, AND I GUESS GOOD FOR CHICK-FIL-A. THEY CAME TO US FOR THIS OPPORTUNITY. WE DID NOT SOLICIT THIS. THIS IS A LEASE, VERSUS A SALE. SINCE THIS IS PARK LAND, WE ARE NOT ALLOWED TO SELL IT.
WE CAN LEASE THE PROPERTY FOR COMMERCIAL VENTURE. THAT INCLUDED PUBLIC NOTICE AND PUBLIC OPPORTUNITIES FOR DISCUSSION. THIS IS A 15 YEAR INITIAL TERM, BUT THERE ARE OPTIONS UP TO A 40 YEAR TOTAL TERM. THERE IS A RESENTMENT PROVISION IN THE LEASE . BY YOUR 35, THEY COULD REASSIGN IT TO ANOTHER ENTITY AND THEY COULD NEGOTIATE A NEW LEASE WITH THE CITY AT THAT TIME. IT COULD BE FOR 40 YEARS.
CHICK-FIL-A IS RESPONSIBLE FOR THE DEVELOPMENT COSTS.
CHICK-FIL-A WILL BE RESPONSIBLE FOR ALL TAXES PAID AS SOON AS THEY ARE OPEN FOR BUSINESS. THERE IS PROVISION LANGUAGE IN THE LEASE AGREEMENT THAT WOULD OBLIGATE THE CITY TO PAY ANY PORTION OF TAXES PRIOR TO THEM OPENING. WHAT THAT MEANS IS WE HAVE A LITTLE BIT OF PROPERTY TAX LIABILITY WHEN THEY START
[00:25:01]
CONSTRUCTING THE CHICK-FIL-A. IF THAT IS NOT DONE IN THE 12 YEARS AGO FOR APPRAISAL PURPOSES, WE MAY HAVE SOME TAXES WE MAY HAVE TO PAY OFF OF THAT. IT WILL BE MORE THAN OVERCOME BY THE ANNUAL RENT DERIVED FROM THAT FACILITY. IT WILL BE PARTIAL, ANYWAYS. IT IS POSSIBLE. THE FACILITY ADJACENT TO IT REMAINS . THERE WILL BE SENT IMPROVEMENTS ASSOCIATED WITH THIS. CHICK-FIL-A WILL HAVE TO MAKE THOSE SITE IMPROVEMENTS. STANLEY, WHAT AM I MISSING? ANYTHING?>> NO, OTHER THAN THERE IS SPECIAL LANGUAGE WE HAVE IN THE MOTION THAT IS ON PAGE 135 OF THE PACKET. THERE ARE TWO FINDINGS THAT THE COUNCIL HAS TO MAKE PURSUANT TO THE PARKS AND WILDLIFE CODE, WHICH ARE -- THEY ARE FINDINGS THAT APPEAR BURDENSOME, BUT THEY ARE AT THE DISCRETION OF THE COUNCIL. IF WE MAKE THAT MOTION IN THOSE FINDINGS, WE ARE COMPLIANT WITH
THE LAW. >> DOES COUNSEL HAVE ANY
QUESTIONS? >> THE MAIN REASON, ROBERT, IS THE DRIVE-THROUGH IS PUSHING PEOPLE OUT OF THE SOUTHWEST, WHICH IS CREATING A TRAFFIC HAZARD WHERE IT CURRENTLY IS UNDER THE CURRENT DESIGN. NOW, WE ARE SHIFTING IT DOWN ON SOUTHWEST. UNDER THE CURRENT DESIGN, IS THERE A LONGER DRIVE-THROUGH? OR IS IT THE SAME ISSUE BUT FURTHER DOWN?
>> THAT IS ANOTHER QUESTION ASKED BY ANOTHER MEMBER. THIS SITE LAYOUT HAS LONGER CUEING THAN THE CURRENT SITE. THEY RECOGNIZE THE TRAFFIC CONCERN. THIS SITE WILL BE DESIGNED APPROPRIATELY TO MANAGE THE VOLUME THEY EXPERIENCE. THAT THEY EXPECT TO HAVE AT THIS PARTICULAR RESTAURANT.
>> HAVE WE DONE A CHEMICAL ANALYSIS ON THE CHICKEN TO DETERMINE WHY IT MAKES PEOPLE STOP IN THE MIDDLE OF A SIX
LANE ROAD? >> WE HAVE NOT, SIR. WE HAVE
NOT. >> HAS ANY THOUGHT BEEN GIVEN OR PLANNING BEEN GIVEN TO PEOPLE -- NOW, PEOPLE WILL BE TURNING LEFT ON SOUTHWEST DRIVE, IF THEY ARE COMING FROM THE NORTH. IT IS A CROSS TRAFFIC ISSUE. IT CAN MOVE SOME OF THE CONGESTION FURTHER DOWN ON SOUTHWEST DRIVE FOR THE
VOMIT. >> THOSE TRAFFIC MOVEMENTS ARE ANTICIPATED WITH THE ROAD, BY HAVING A DEDICATED CENTRAL TURN LANE. AND SO, IT IS POSSIBLE YOU COULD HAVE SOME CUEING AS PEOPLE ARE TRYING TO MAKE THAT LEFT INTO THE DRIVEWAY. BUT THE ROAD IS DESIGNED TO Q THERE. THE CHALLENGE WE HAVE NOW IS THEY ARE QUEUING THERE.
>> WE HAVE OUR ZONING ORDINANCES. LET'S SAY THAT THEY VACATE AND CEO EXPIRES AND SOMEONE ELSE WANTS TO COME IN AND PUT ANOTHER DRIVE-THROUGH FACILITY . IT WILL HAVE TO MEET OUR CURRENT DRIVE-THROUGH CUEING STANDARDS. IT IS MY LISTENING THAT THAT SITE MAY NOT MEET OUR CURRENT CUEING STANDARDS. SO THEY WILL HAVE SOME CHALLENGES TO DO THAT. BUT THAT IS A BRIDGE WE WILL CROSS AND DISCUSS AT THAT TIME.
>> ONE OF THE PROVISIONS IN THE LEASE AGREEMENT IS TO CHANGE
THE ZONING ON OUR NICKEL. >> IT IS ON OUR NICKEL, BUT OTHER THAN THE ADVERTISING COST WE CURRENTLY PAY ANYWAYS -- BASICALLY, THE ONLY THING THAT IS DIFFERENT FROM WHAT WE NORMALLY DO WITH THAT, COUNCILMEMBER PRICE, AS WE ARE NOT COLLECTING THE ZONING FEE. PART OF THE AGREEMENT'S DEVELOPMENT FEES FOR THIS. SO IT IS A COST THAT IS NOT
SUBSTANTIAL RIGHT NOW. >> IT IS JUST A PDF.
>> IT IS A PD. I LOOKED IT UP THIS MORNING. IT IS AN ORDINANCE FOR 18 DASH 985. THAT IS THE ORDINANCE NUMBER. THAT PARTICULAR TRACT JUST SAYS TRACT THREE, AND IT TALKS ABOUT THIS PUBLIC AREA. IT DOESN'T TALK ABOUT THE ZONING DISTRICT WITH THE ZONING DEPARTMENT. IT LIKELY NEEDS TO BE REZONED. WE WILL TAKE A LOOK AT IT. GO AHEAD.
>> WE WILL INITIATE WITH THEM AND INITIATE THE TIME.
>> THAT WAS PARTIALLY MY QUESTION. A DETAILED TIMELINE
OF WHAT YOU ANTICIPATE. >> I WOULD ANTICIPATE THAT THEY ARE GOING TO COMPLETE THE PRELIMINARY DESIGN WORK, THE
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SITE PLAN THEY HAVE IS NOT REALLY -- IT IS JUST A LINE DRAWING. IT IS STILL SUBJECT TO CHANGE, STILL. THEY WOULD PULL A BUILDING PERMIT TO BEGIN. IF IT TAKES NORMAL DEVELOPMENT CYCLE, 12 TO 36 MONTHS, THE BUILD WILL NOT BE THE TIMELINE.IT'S WHEN THEY DECIDE THAT THEY CAN START CONSTRUCTION.
INAUDIBLE ] SPOKE ANY FURTHER QUESTIONS, ROBERT?
>> THANK YOU, SIR. >> AT THIS TIME, I WANT TO OPEN UP THE PUBLIC HEARING. IS THERE ANYONE THAT WOULD LIKE TO SPEAK FOR OR AGAINST ITEM 13? PLEASE COME FORWARD AND STATE YOUR NAME FOR THE RECORD. SINGH KNOWN, I WILL CLOSE THE PUBLIC HEARING.
LAYOUT THAT IS INCLUDE, THE ROUGH DRAFT, IF WE DO THE ZONE CHANGE, THERE WILL HAVE TO BE A SPECIFIC CYCLE, CORRECT? INAUDIBLE ] SPOKE TO HIM, YOU MAY HAVE TO HELP ME WITH THAT QUESTION.
>> WAS THE NGR. IT IS EFFICIENT BUT IT IS CLEANER THAN TO AMEND ANOTHER PD THAT MAY NOT BE THE BEST WRITTEN.
>> I AGREE. >> THAT IS PROBABLY THE ROUTE WE WILL GO. THEN IT WILL GO THROUGH THE TYPICAL SITE PLAN PROCESS WITH THE
>> THANKS, TIM. >> IS THERE A SPECIFIC MOTION
THAT NEEDS TO BE READ? >> I WILL MAKE THE MOTION. I MOVE THAT THE CITY COUNCIL APPROVED A 40 YEAR LEASE OF APPROXIMATELY 2.56 ACRES AND 4300 SOUTHWEST DRIVE, LOCATED IN SOUTHWEST DRIVE COMPLEX PARK TO CHICK-FIL-A INC. FOR THE PURPOSE OF CONSTRUCTION AND OPERATION OF A CHICK-FIL-A RESTAURANT, THAT THERE IS NO FEASIBLE AND PRUDENT ALTERNATIVE TO THE USE OR TAKING OF THE PARKLAND IN THE PROGRAM OR PROJECT INCLUDES ALL REASONABLE PLANNING TO MINIMIZE RESULTING FROM THE USE OR TAKING .
>> I SECOND. >> WE HAVE A MOTION BY COUNCILMAN YATES. AND A SECOND BY COUNCILMAN PRICE. IS THERE
ANY FURTHER DISCUSSION? NO? >> ALL YESES. MOTION CARRIES.
[EXECUTIVE SESSION]
>> IT IS 9:04 A.M. WE WILL RECESS INTO EXECUTIVE SESSION, PURSUANT TO THE EXECUTIVE SESSIONS ACT SECTION 551.072.
INAUDIBLE ] SECTION 551.074, PERSONNEL MATTERS.
>> IT IS NOW 9:59, AND WE RECONVENED TO OPEN SESSION. NO VOTES OR ACTION WERE TAKEN DURING EXECUTIVE SESSION. IT IS 9:59 A.M. AND THIS
* This transcript was compiled from uncorrected Closed Captioning.