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[CALL TO ORDER]

[00:00:08]

>>> GOOD MORNING AND I CALL THIS MEETING OF THE ABILENE CITY COUNCIL TO ORDER. I HAVE SOME VERY SPECIAL GUESTS I'M GOING TO INTRODUCE IN A MOMENT, AT THIS TIME PLEASE LEAD US IN

THE INDICATION. >> LORD, YOU ARE ASKED HOW MANY TIMES SHOULD I FORGIVE AND YOU RESPONDED 70, TIMES SEVEN. IN THIS SETTING LISTENING WITH AN OPEN MIND AND OPEN HEART WE ASK AGAIN AND AGAIN EVEN IF THEY ARE CONSISTENTLY ON THE OTHER SIDE OF ISSUES OR WE DISAGREE , GIVE US THE PATIENCE AND THE COURAGE TO LISTEN AGAIN AND AGAIN TO EACH NEW DISCUSSION, EACH NO IDEA WITH A OPEN-HEART AND OPEN MIND. OF US AS COUNCIL AND STAFF THE COURAGE , THE PATIENCE AGAIN TO FILL THE VOID OF INFORMATION. AS HUMANS WE FEEL ANY UNKNOWN WITH OUR GREATEST FEAR, CONSPIRACY THEORY, THE WORST POSSIBILITY.

WE ASK THAT YOU USE US AS YOUR AGENTS TO SPREAD THE INFORMATION OF WHAT IS HAPPENING SO THAT OUR RESIDENTS CAN MAKE GOOD DECISIONS AND THEY KNOW WHAT'S HAPPENING, WE ASKED FOR COURAGE AND PATIENCE AND THAT ENTHUSIASM TO SPREAD THE GOOD THINGS THAT ARE HAPPENING HERE IN OUR CITY AND FOR US, TODAY PLEASE ASK OR GIVE US THE WISDOM AND THE INSIGHT TO DO WHAT IS RIGHT AND WHAT IS JUST. IN YOUR NAME WE

PRAY AMEN. >> THANK YOU. TODAY I HAVE NAME ] AND HER MOM COURTNEY AND I HAVE I CAN'T READ MY WRITING. THANK YOU FOR HONORED TO HAVE THEM HERE TODAY AND THEY WERE LEAD US IN THE PLEDGE.

>> 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. I HONOR THE TEXAS FLAG, I PLEDGE ALLEGIANCE TO TEXAS, ONE STATE

UNDER GOD. ONE AND INDIVISIBLE. >> COME HERE AND GET A PICTURE IF YOU WANT.

>> YOU CAN STEP OUT OF THE WAY.

[PRESENTATIONS, RECOGNITIONS, PROCLAMATIONS AND ANNOUNCEMENTS]

>> I HAVE A PROCLAMATION TODAY AND I THANK LESLIE AND JOANN.

WOULD YOU ALL JOIN ME?

>> HOW ABOUT THAT WHOLE DISABILITY BOARD COME ON UP? THAT WOULD BE A WONDERFUL IDEA. PLEASE DO. GOOD TO SEE YOU.

>> THANK YOU FOR BEING HERE. 'S ABILITY AWARENESS MONTH WHEREAS RECOGNITION OF THE CONTRIBUTIONS OF PERSONS WITH DISABILITIES IN A EFFECTIVE WAY TO OVERCOME THE NEGATIVE STEREOTYPE AND ELIMINATE BARRIERS AND ALL ASPECTS OF OUR COMMUNITY WHEREAS PEOPLE WITH DISABILITIES ARE IMPORTANT A VITAL PART OF THE COMMUNITY , VALUED WORKERS, CIVIC LEADERS, BUSINESS OWNERS, VETERANS, FAMILY MEMBERS AND FRIENDS WHEREAS WE ARE COMMITTED TO ENSURING PROGRAMS AND EMPLOYMENT PRACTICES EFFECTIVELY SERVE AND BENEFIT PERSONS OF ALL ABILITIES IN ORDER TO SUPPORT INDIVIDUAL DIGNITY, SELF-RELIANCE AND PRODUCTIVE LIVES FOR ALL PEOPLE

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THEREFORE BE IT RESOLVED AS MAYOR AND ON BEHALF OF CITY COUNCIL I AM PLEASED TO PROCLAIM THE MONTH OF OCTOBER 2024 AND THE CITY OF ABILENE AS DISABILITY AWARENES MONTH.

>> JUST WANT TO TAKE A MOMENT AND THANK THE LEADERSHIP OF ABILENE. IN 2017 THIS BOARD WAS CREATED AND WE HAVE SEEN STEPS TOWARD MAKING ABILENE EVEN MORE INCLUSIVE THAN WHAT IT WAS AT THE BEGINNING AND THAT IS THE GOAL, TO HELP MAKE ABILENE

ALL-INCLUSIVE, FOR ALL. >> THANK YOU. WE APPRECIATE WHAT YOU AND EVERYONE ON THE BOARD DO AND WHAT THIS BOARD IS ABOUT AND IT IS EXCEPTIONAL SERVICE THAT YOU ALL DO. THANK YOU. STAY HERE WE WILL GET A PICTURE.

[CONSENT AGENDA AND PUBLIC COMMENTS]

>> WE WILL NOW MOVE TO THE CONSENT AGENDA WHICH CONSISTS OF ITEMS THREE THROUGH 23, THESE ITEMS WILL BE CONSIDERED WITH ONE MOTION WITH NO SEPARATE DISCUSSION UNLESS A COUNCILMEMBER REQUEST SEPARATE DISCUSSION. ITEM 5 IS PULLED FROM CONSIDERATION TODAY. DOES ANYONE ON COUNCIL WISH TO

CONSIDER AN ITEM INDIVIDUALLY. >> I WOULD LIKE TO PULL 18.

>> ANYONE ELSE? WE WILL NOW MOVE TO THE PUBLIC COMMENT PERIOD. THERE WILL BE NO VOTES OR FORMAL ACTIONS TAKEN ON SUBJECTS PRESENTED DURING PUBLIC COMMENT, THE PUBLIC COMMENT PERIOD WILL ALLOW ONLY MEMBERS OF THE PUBLIC TO PRESENT IDEAS AND INFORMATION TO CITY OFFICIALS AND STAFF AND I WILL LET YOU KNOW ITEMS 24 AND 25 WILL BE CONSIDERED SEPARATELY SO IF YOU WANT TO DISCUSS THOSE, THOSE WILL BE CONSIDERED INDIVIDUALLY. THERE WILL BE A THREE MINUTE LIMIT

AND WE WILL START WITH CARDS. >> BOTH CARDS I HAVE , IF YOU

WANT TO WAIT UNTIL THAT ITEM. >> STILL IN THE PUBLIC COMMENT PERIOD WOULD ANYONE LIKE TO SPEAK AT THIS TIME FOR PUBLIC COMMENT PERIOD? SEEING NO ONE I WILL CLOSE THE PUBLIC COMMENT PERIOD. WE WILL NOW MOVE EXCUSE ME. DID WE DO CONSENT AGENDA OR 18 FIRST? THANK YOU. I WOULD NOW ASK FOR A MOTION ON THE CONSENT AGENDA CONSISTING OF ITEMS THREE THROUGH 23 WITH THE EXCEPTION OF FIVE AND 18. I HAVE A MOTION BY COUNCILMAN MCALISTER, SECOND BY COUNCILMAN REGAN. WITHOUT FURTHER DISCUSSION WE ARE READY TO VOTE.

[18. Resolution: Receive a Report, Hold a Discussion and Take Action on Amending Resolution 192-2023 to Add Coleman County State Bank as an Approved Lender and to Amend the Incentive Payout for Major Renovations and Amend the Chapter 380 Agreement Forms (Tim Littlejohn)]

>> ALL YES, THE MOTION CARRIES. >> ITEM 18 AND COUNCILMAN REGAN

PULLED THIS ITEM. >> THANK YOU. A FEW QUESTIONS ON IT AND I THOUGHT SINCE THIS WAS UP IT WOULD BE GOOD TO ADDRESS THE 10% VERSUS STRAIGHT 20,000 AND ALSO ONE OR TWO OTHER QUESTIONS ON IT. ROBERT, IF YOU WANT TO SPEAK ON THIS, IF YOU CAN KIND OF EXPLAIN , IN SIMPLE TERMS WHAT THE RATIONALE FOR CHANGING FROM 10% , TO THE STRAIGHT 20,000?

>> WE RECEIVED FEEDBACK FROM THE RENOVATION BUILDERS . THE NEW HOME CONSTRUCTION BUILDERS, THE FEEDBACK HAS BEEN VERY POSITIVE ON THE PROGRAM, THOSE CONTRACTORS CITIZENS AND ENTREPRENEURS ARE TRYING TO RENOVATE EXISTING HOMES. THE 10% AND WHAT WE ARE ASKING THEM TO DO, THE LEVEL OF IMPROVEMENT WE ARE ASKING THEM TO DO, IT DOES NOT PENCIL OUT THE WAY WE ANTICIPATED. SO BY MAKING EACH PROGRAM EQUAL WE HOPE , ONE WE THINK WE ARE ADDRESSING THE CONCERNS EXPRESSED BY THE

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ENTREPRENEUR COMMUNITY AND TWO THERE ARE A LOT MORE HOMES THAT ARE ELIGIBLE FOR RENOVATION JUST BECAUSE THERE ARE MORE EXISTING HOMES THAN THERE ARE VACANT LOTS. IF WE CAN RENOVATE A HOME ALREADY THERE WE SAVE SO IT ALLOWS THE MONEY TO GO

FURTHER. THAT'S THE LOGIC. >> ON THAT POINT, FOR THOSE OF US WHO HAVE READ IT , WE UNDERSTAND, BUT CAN YOU SPEAK ON THAT POINT TO THOSE WITH THE CONCERN OF WILL USE THE MONEY BECAUSE I WANT A NICER KITCHEN OR PERSONAL RENOVATIONS, WHY CAN'T I GET THE MONEY? CAN YOU SPEAK ON THE SAFEGUARDS THERE

REAL QUICK? >> SURE, IT IS INTENDED FOR A SINGLE-FAMILY OWNERSHIP OPPORTUNITY AT THE END OF THE PROJECT. SO IT'S REALLY NOT INTENDED FOR SOMEONE WHO WANTS TO REMODEL THE KITCHEN. IT IS FOR AN ENTREPRENEUR WHO GOES OUT AND MAYBE BUYS A $30,000 HOUSE THAT IS BEING HELD TOGETHER BECAUSE IT WAS SUPPOSED TO BE A HOUSE AND THEY GO COMPLETELY REPLACE ELECTRICAL AND PLUMBING, THEY REPLACE THE MAJOR APPLIANCES AND ROOFING, WINDOWS EVERYTHING. THEN THEY SELL THE HOUSE AT AN AFFORDABLE PRICE FOR SINGLE-FAMILY OCCUPANCY. IT IS NOT INTENDED TO BE A WAY TO HELP LANDLORDS RENOVATE THEIR PROPERTY. IT REALLY MUST BE DONE THERE THE TITLE EXCHANGE FOR SINGLE-FAMILY OCCUPANCY. WE HAVE A NUMBER OF MINIMUM REQUIREMENTS THAT ARE ASSOCIATED WITH THIS AND I THINK ALL OF THEM WILL END UP CREATING AN ENVIRONMENT WHERE YOU HAVE A QUALITY REBUILT HOME THAT WILL LAST ANOTHER 30 YEARS AND PROPERLY MAINTAINED THROUGHOUT THAT PERIOD. ALL THE INCENTIVES WE PROVIDE ARE HANDLED TO THE TITLE CLOSING PROCESS SO WE CAN VERIFY AND MAKE SURE WE ARE NOT JUST CUTTING A CHECK TO INVESTMENT

OPPORTUNITY FOR SOMEONE. >> TWO MORE QUESTIONS ON THIS.

ONE, WE HAVE IT IN THE PROGRAM WHERE IF YOU GO THROUGH THE PROGRAM AS A MAXIMUM YOU CAN SELL THE HOUSE 203,000. SO PEOPLE ARE NOT USING THE PROGRAM TO BUILD MANSIONS. THE 203,000 AS INFLATION HAPPENS AND THE MARKET INCREASES 2003 WAS THE NUMBER WE ARRIVED AT A YEAR OR A YEAR AND A HALF AGO.

AS WE CONSIDER STRAIGHT 20,000, DO WE ALSO NEED TO CONSIDER ADJUSTING THE 203, UP TO REALISTICALLY INCENTIVIZE VENDORS TO COME TO THE PROGRAM? DO WE NEED TO LOOK AT THIS NOW THAT WE HAVE WHEN YOU'RE UNDER OUR BELT AND PUMP IT UP TO 40 OR 270 OR WHATEVER THE NUMBER WOULD BE?

>> WE HAVE NOT HEARD THAT FEEDBACK FROM THE COMMUNITY.

ONE OF THE REASONS WHY WE WERE GIVEN A HEALTHY INCENTIVE AND HELPING WITH SIDEWALKS AND POTENTIAL DEMOLITION COST, IN ADDITION TO THE CASH INCENTIVE, ESSENTIALLY WE ARE COVERING THE PROFIT MARGIN OF THE HOME BUILD. IN EXCHANGE WE WANT TO MAKE SURE IT IS PRICED AT A RATE THAT IS AFFORDABLE. IT'S HARD TO BELIEVE THAT $203,000 IN TODAY'S WORLD IS CONSIDERED AN AFFORDABLE HOME , BUT IT IS . I WISH IT WAS LESS EXPENSIVE.

SO, WE HAVE NOT HEARD THAT FEEDBACK FROM THE BUILDING COMMUNITY. IF WE DO, IF THE MARKET WITH INTEREST RATES COMING DOWN I THINK THAT WILL MITIGATE SOME CONCERNS, BUT IF WE HEAR THAT AND IT'S A PROBLEM IN BARRIER TO THE PROGRAM, WE WILL COME BACK AND ADDRESS IT. WE ARE DOING THIS NOW BECAUSE WE HAD A YEAR TO REBUILD. THIS IS A PROBLEM, WE ARE MAKING THE TWEAK , BUT IT ADDRESSES THE CONCERNS SO FAR.

>> MY LAST QUESTION. AS WE ARE CONSIDERING GOING FROM 10% TO THE STRAIGHT 20,000 TO ENCOURAGE MORE PEOPLE TO DO THE RENOVATIONS AND MODIFICATIONS, NOT JUST BUILDING UP FROM THE GROUND UP. OUR END GOAL IS TO BUILD OR RENOVATE HOUSES FOR PEOPLE TO LIVE IN AS THE HOMEOWNER AND NOT HAVE THIS PROGRAM FOR FLIPPERS WHO COME IN AND FLIP IT OR RENT OUT AND BUILD UP A RENTAL PORTFOLIO. I BELIEVE THE SAFEGUARD AGAINST THAT IS AS PART OF THE CLOSING PROCESS, THE BUYER SIGNS THE AFFIDAVIT SAYING THEY INTEND TO USE IT AS THEIR HOMESTEAD OR TO LIVE IN IT. AGAIN, NOW THAT WE CONSIDER SHIFTING MORE TO THE

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RENOVATIONS, LOOKING BACK NOW THAT WE HAVE ONE YEAR UNDER OUR BELT, HAS THAT BEEN LOOKED AT TO SEE THEIR SIGNING THE AFFIDAVIT BUT MAGICALLY TWO MONTHS LATER AFTER THEY MOVE IN THE CIRCUMSTANCE CHANGES AND OUT OF THE 30 WE HAVE DONE, 20 HAVE TURNED AROUND AND STARTED RENTING OUT. HAVE WE HAD A CHANCE TO LOOK BACK AT THE NUMBERS?

>> I HAVE NOT SEEN DATA THAT SAYS THAT, BUT WE ARE MONITORING THAT. I WILL SAY THE COMMITMENT I MADE TO THE COUNCIL WHEN WE STARTED THIS IS IF WE SEE BUILDERS THAT MAGICALLY HAVE CONDITIONS CHANGE, TO THE PEOPLE THEY ARE SELLING, WE WON'T APPROVE THE AGREEMENT WITH THOSE PEOPLE IN THE FUTURE. PART OF IT, THERE IS A LEVEL OF TRUST, WHEN THE TITLE IS DONE AND THE CHECK IS WRITTEN AND OUR ABILITY TO DO THINGS HIS THEN MINIMAL WHICH IS WHY WE GET THE AFFIDAVIT.

BUT THE REAL MECHANISM IS, IF YOUR INTENT IS TO DEFRAUD THE SYSTEM OR THE PROGRAM WE WILL NOT PARTNER WITH YOU IN THE FUTURE. AND WE'VE NOT BEEN IN A SITUATION WHERE WE HAD TO DO

THAT YET. >> IS THERE A PROCESS OR SOMEONE IN ONE OF THE DEPARTMENTS THAT HEY, THIS COULD GO FIVE OR 10 YEARS SO WE HAVE SOMEONE LOOKING BACK AND GOING ALL RIGHT WE HAVE DONE 30 HOUSES, LET'S CHECK IN ONE YEAR FROM NOW AND SEE WHO IS STILL LIVING THERE. IF IT IS HIGH PERCENTAGE STILL THERE OR IF IT'S ONLY 5%.

>> TIM LITTLEJOHN AND HIS DEPARTMENT AND IT IS THE PROGRAM AND WE HAVE ASKED KATE ALVAREZ WHO WORKS WITH TIM IN HIS DEPARTMENT TO BE THE REBUILT PERSON. SO SHE HAS BEEN OUT THERE WITH TIM WORKING WITH THE BUILDERS AND KATE SPENDS TIME DOWNTOWN WITH THE CYBER PROJECT SO SHE HAS HER HANDS FULL . WHEN WE DO ANALYSIS WE CAN CERTAINLY ADD THAT TO THE ANNUAL CHECK THAT WE DO ON THE PROPERTY. CAN GET APPRAISAL GROWTH WE WANT TO SEE IMPROVEMENTS OVER LONG-TERM AND HOW THIS MAY OR MAY NOT HAVE WORKED. AND WE CAN ADD THAT .

>> OF NOTE THE AFFIDAVIT REQUIRES THEM TO SAY IT WILL BE THEIR PRIMARY RESIDENCY FOR TWO YEARS.

>> ALSO, THERE HAVE NOT BEEN THAT MANY CLOSED YET RIGHT? SO WE REALLY CAN'T GET A MATRIX WHEN THEY HAVE NOT SOLD.

>> LIKE FOUR HAVE BEEN SOLD AT THE MOMENT. THEY ARE NOT THAT OLD, BUT THAT IS SOMETHING WE ARE TRACKING TO MAKE SURE .

SPOKEN OF THE HOMEBUILDER COMMUNITY ITSELF WILL HELP KEEP TRACK OF THIS. THEY WILL TRY TO FIND ANY OF THEM THAT REFUSE THE PROGRAM AND REAL ESTATE AGENTS HAVE COMMITTED TO HELP WITH THE PROGRAM. I AGREE THIS IS SOMETHING WE NEED TO MONITOR, BUT WE HAVE NOT HAD THAT MANY CLOSING YET SO THAT

IS A GOOD IDEA. >> TIM, SINCE YOU ARE UP HERE, COUNCIL ALLOCATED $1 MILLION LAST FISCAL YEAR FOR THE PROGRAM AND WE SPENT ALMOST ALL OF IT?

>> ALMOST ALL OF IT. I THINK 960,000. AND THEN WE ARE GOING TO ENCUMBER THAT FOR THIS BUDGET TO GO TOWARD MORE

DEMOLITION AND ABATEMENT. >> THANK YOU.

>> AT THIS TIME I WILL OPEN UP THE PUBLIC HEARING. ANYONE WHO WOULD LIKE TO SPEAK FOR OR AGAINST ITEM 18, PLEASE COME FORWARD AND GIVE YOUR NAME FOR THE RECORD. SEEING KNOW WHEN I

WILL CLOSE THE PUBLIC HEARING. >> TWO RESOLUTIONS ON THIS ITEM ORIGINALLY. THEY HAVE BEEN CONSOLIDATED.

>> THANK YOU. >> I HAVE A MOTION BY COUNCILMAN PRICE, SECOND BY COUNCILMAN REGAN. FURTHER

DISCUSSION? READY TO VOTE. >> ALL YES, THE MOTION CARRIES.

[24. Ordinance (First Reading): Receive a Report, Hold a Discussion, Public Hearing and Take Action on Temporarily Suspending the Fluoridation of the City of Abilene's Water Supply, and Discussion Only regarding a Permanent Termination of Fluoridation of the City's Water Supply (Robert Hanna)]

>> ITEM 24 AND I WANT TO CLARIFY TODAY THAT THE ACTION WE WILL BE TAKING IT IF WE CONTINUE THE TEMPORARY SUSPENSION OF FLUORIDE IN THE WATER. BUT I WOULD LIKE TO HAVE CONVERSATION , IF WE WANT TO CONSIDER PERMANENTLY REMOVING IT, BUT, THE ACTION TODAY ONLY DEALS WITH TEMPORARY SUSPENSION . THE TEMPORARY SUSPENSION AND HOW WE DO THAT AND HOW LONG THAT WILL LAST. I WILL ASK ROBERT TO PRESENT.

>> THANK YOU, THIS IS A CONTINUATION OF THE ITEM IN WHICH WE SOUGHT COUNCIL DIRECTION ON LAST MEETING FOR A BRIEF SYNOPSIS, THERE IS A DISTRICT COURT IN CALIFORNIA THAT RULED FLUORIDE AT .7 PPM AS RECOMMENDED BY CDC AND APA

[00:20:07]

AND THE DENTAL ASSOCIATION , THE LANGUAGE WAS CREATING UNREASONABLE RISK TO HUMAN HEALTH. IN ACCORDANCE WITH THE AMERICAN TOXIC SUBSTANCE ACT AND REQUIRED TO MAKE A RULING ON IT. THE RULING COULD BE ANYTHING FROM A WARNING LABEL, TO HEY, REMOVE THIS MATERIAL OR WHATEVER. AND THE MAYOR AND I SPOKE AND WE THOUGHT IT WOULD BE PRUDENT TO TEMPORARILY SUSPEND FLUORIDE SO THIS IS CONTINUATION OF THE ACTION AND DISCUSSION. IF COUNCIL CHOOSES TO APPROVE THIS ORDINANCE TODAY ON FIRST READING WE WILL HAVE A SECOND READING ON IT AND THE NEXT MEETING IT WOULD BE ADOPTED. THE WHOLE POINT OF THIS ACTION ITEM FOR COUNCIL IS A TEMPORARY SUSPENSION , SHOULD COUNCIL CHOOSE TO PERMANENTLY SUSPEND FLUORIDE, THERE IS A LEGAL PROCESS WE HAVE TO GO THROUGH THAT REQUIRES NOTIFICATION OF WATER CUSTOMERS, 60 DAYS , A HEARING PERIOD WHERE WE NEED TO MAKE SURE WE FOLLOW THAT PROCESS.

AND SOLICIT AND ASK FOR INPUT FROM THE COMMUNITY. I THINK

THAT WOULD BE A PRUDENT STEP. >> ANY QUESTIONS?

>> AS I AM THINKING THROUGH THIS , SO WHEN WE LEAVE HERE TODAY, WHEN WE LEAVE THIS PODIUM IT WILL BE, HE WILL HAVE PICKED A TRIGGER MECHANISM I GUESS IS THE RIGHT ORDER WHEN WE MAKE THE NEXT DECISION. IS THAT THE EASIEST WAY TO SAY IT?

>> IF COUNCIL PASSES THE ORDINANCE ONE OF THE THINGS WE WOULD ASK YOU TO DO IS , LOOK AT PART THREE OR PAGE 424 AND 444 ON THE AGENDA PACKET ITEM A AFTER BLANK DAYS OR MONTHS SINCE THE DATE OF THE ORDINANCE UPON FINAL ADOPTION OF REGULATIONS BY UNITED STATES ENVIRONMENTAL PROTECTION AGENCY OR UPON FURTHER RULING OF THE CASE WITH THE FLUORIDATION OF COMMUNITY WATER DOES NOT REPRESENT UNREASONABLE RISK TO PUBLIC HEALTH. SO THE SPACE THAT NEEDS TO BE FILLED IN BY COUNCIL, TO YOUR POINT IS HOW LONG WOULD THIS LAST UNTIL WE PICK IT UP AGAIN? IT COULD BE RENEWED OR TERMINATED. IT COULD BE WHATEVER COUNCIL WOULD LIKE TO SEE.

>> IMPORTANT THAT IS WHAT WE ARE DOING TODAY.

>> THIS IS THE ACTION ITEM WE HAVE TODAY, HOW WE VOTE WITH THE TIME LIMIT OF THE TEMPORARY SUSPENSION. BUT WE CAN DISCUSS IF WE WANT TO MOVE FORWARD WITH PERMANENT SUSPENSION BUT IT

WOULD NOT BE ACTED UPON TODAY. >> THE LANGUAGE I CAME UP WITH BASED ON DISCUSSION LAST TIME. THIS IS NOT SET IN STONE. IT COULD BE ANY OF THESE THREE, MORE OR LESS. I JUST KIND OF WANTED TO HAVE A STARTING FRAMEWORK.

>> CAN WE CLARIFY THE FLUORIDE WAS TURNED OFF AT THE DIRECTION OF CITY MANAGER 2 1/2 WEEKS AGO. ROUGHLY . AND HAS NOT BEEN ON ALSO I WOULD REMIND EVERYBODY THERE'S NATURAL FLUORIDE IN THE WATER .3 PPM THAT WE ARE NOT REMOVING.

THAT'S THE WAY GOD MADE IT. THAT'S THE WAY IT IS IN OUR PART OF THE WORLD. A VERY LOW LEVEL.

>> ONE MORE THING. FIRST READING TODAY, EVEN IF WE DECIDE TODAY WE HAVE ONE MORE CHANCE. SO THE ACTION WE TAKE IT IS NOT THE FINAL ACTION, THERE WILL BE ONE MORE

DISCUSSION. >> THAT'S CORRECT. OF THE

TEMPORARY SUSPENSION. >> ANY MORE QUESTIONS?

>> I HAVE ONE FOR STANLEY. THIS IS A TEMPORARY MEASURE. I THINK COUNCILMAN BEARD MENTIONED LAST TIME CONCERNS ABOUT HOW LONG WE CAN GO UNDER A TEMPORARY MEASURE, BASICALLY. IS THERE CASE LAW OR SOME KIND OF DEFINITION OF HOW LONG WE COULD GO. IS THIS AFTER ONE YEAR IT'S NOT CONSIDERED TEMPORARY OR A THINK MENTALLY THAT'S WHERE I WOULD HAVE A HARD TIME SAYING IF WE WENT TWO YEARS UNDER THIS THAT IT'S A

TEMPORARY MEASURE. >> THERE IS NOTHING HARD AND FAST ABOUT WHAT TEMPORARY MEANS. SINCE THIS IS CITY ORDINANCE THERE'S A LOT OF DISCRETION BY THE COUNCIL AS TO

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WHAT TEMPORARY MEANS. I THINK IF IT WAS CHALLENGED, IT WOULD BE UNLIKELY A DISTRICT COURT WOULD SAY YOUR DISCUSSION WAS INCORRECT. IF IT WAS A LONG PERIOD OF TIME MAYBE THAT DOES NOT PASS THE SMELL TEST OF TEMPORARY . MAYBE ONE YEAR OR TWO. THE COURT CASE WILL LAST A LONG TIME SO IT'S TIED TO THAT

SO THERE IS FLEXIBILITY THERE. >> THERE WE GO.

>> I THINK THE LANGUAGE IN THE ORDINANCE WITH WHAT WE HAVE THERE ARE TWO TRIGGER MECHANISMS. THE EPA MAKES A FINDING OR THERE IS FURTHER RULING ON THE CASE WHICH IS WHAT WE ARE RESPONDING TO HEAR. WHERE WE KIND OF CAN ARTICULATE WE ARE WAITING ON THESE TWO THINGS, THE COURT CASE OR THE EPA. I THINK THERE NEEDS TO BE AFFIXED TIME. BUT I WOULD RECOMMEND IS WE DO YEAR BY YEAR UNTIL ALL OF THIS PLAYS ITSELF OUT AND WE KEEP IT OFF UNLESS WE DECIDE WE WANT A PERMANENT ORDINANCE REMOVING IT, BUT THAT'S A SEPARATE DISCUSSION FOR ANOTHER TIME. THE APPEALS AND WAITING ON THE EPA WILL TAKE QUITE A WHILE. SO I THINK WE NEED TO HAVE , WE ARE BEING RESPONSIBLE WITH THIS IF WE HAVE A FIXED POINT AND TIME WHERE WE SAY WE EITHER HAVE TO EXTEND THIS OR STOP IT WHICHEVER WAY WE WANT TO GO. I CAN'T IMAGINE THE EPA OR THE APPEAL TAKING LESS THAN ONE YEAR.

>> I WOULD FAVOR A 24 MONTH, TWO YEARS CYCLE FOR THIS. I THINK THAT MEETS THE DEFINITION BASED ON WHAT STANLEY SAID. IF THERE IS NO CIRCUMSTANCE THAT CHANGES I THINK THAT'S A REASONABLE TIME TO BRING IT BACK UP AGAIN. WE ALWAYS HAVE THE DISCRETION TO BRING IT UP SOONER IF WE WANT TO AND CERTAINLY IF WE HAVE A DISCUSSION AND WANT TO MAKE A PERMANENT DECISION WE CAN DO THAT SOONER, AS WELL. BUT I DON'T THINK IT IS PRODUCTIVE, IF NOTHING CHANGES THERE IS NO PROGRESS FROM EPA OR THE COURTS, THE CIRCUMSTANCES ARE NOT GOING TO CHANGE. I DON'T WANT TO TALK ABOUT THIS EVERY THREE MONTHS OR REALLY EVERY YEAR. LET'S GO FOR A TWO YEAR

EXPIRATION. >> I THINK WE NEED OR AFTER THE END OF A, SAY WE DID 24 MONTHS , AFTER 24 MONTHS LAPSE FROM DATE OF PASSAGE OF THIS ORDINANCE OR.

>> OR'S ARE IMPORTANT. >> OR YOU ARE DONE?

>> ANYONE ELSE? AT THIS TIME I WILL OPEN UP THE PUBLIC HEARING. IS THERE ANYONE WHO WOULD LIKE TO SPEAK FOR OR AGAINST ITEM 24, PLEASE COME FORWARD AND GIVE YOUR NAME FOR

THE RECORD. >> FOUR CARDS ON THIS TOPIC.

FIRST IS AMANDA HARDEN. DOES NOT WISH TO SPEAK BUT SHE IS IN SUPPORT. SOMEBODY WHO WILL WISH TO SPEAK IS

>> IF HE COMES HERE ENOUGH YOU WILL GET A NAME PLATE.

>> I KNOW, HE'S RUNNING FOR ELECTION IN 18 YEARS. JENNIFER BELL, LONGTIME RESIDENT. YOU KNOW I AM IN SUPPORT OF WATER FLUORIDATION. THANK YOU FOR CONTINUING THE PAUSE AND TAKING THIS SERIOUSLY. I KNOW YOU CONTINUE TO GET A LOT OF EMAILS, I REPRESENT A LARGE GROUP OF PEOPLE WANT TO END WATER FLUORIDATION IN ABILENE. IT IS FORCED MEDICATION WHICH SHOULD NEVER BE ALLOWED IN A FORCED SOCIETY. THANK YOU.

>> SOMEONE FROM BELIEVE HURLEY DOES NOT WISH TO SPEAK BUT IS IN FAVOR OF WATER

FLUORIDATION. >> IN THE PUBLIC COMMENT PERIOD ANYONE WHO ELSE WANTS TO SPEAK ON ITEM 24?

>> GOOD MORNING TAMMY VOGEL PRESIDENT OF ABILENE. I BELIEVE WE SHOULD NOT FORCE MEDICATING CONSENT. I KNOW THERE IS RULINGS GOING ON BUT THE ONLY WAY TO UNDO THE BAD LAW IS TO CHANGE WHAT WE DO. SO LET ME SAY AGAIN. THE ONLY WAY TO STOP BAD LAW FROM BEING ENFORCED IS TO STAND AGAINST AND RESIST THEM. I THINK THE PAUSE IS AMAZING. TO MY KNOWLEDGE, IT WAS A DENTIST WHO BROUGHT THIS BEFORE OR STARTED

[00:30:03]

THE PROCESS IN 2000. THIS IS NOT A REGULATED INDUSTRY SO I THINK THERE IS POTENTIAL FOR LAWSUITS WITH THE CITY IF YOU CONTINUE TO FLUORIDE , PUT FLUORIDE IN THE WATER. SO YOU WANT TO BE CAREFUL ON HOW YOU MOVE FORWARD BECAUSE THE KNOWLEDGE IS OUT THERE THAT THIS IS TOXIC. I AM SO GRATEFUL YOU'RE WEARING PINK AND PINS IN HONOR OF BREAST CANCER AWARENESS MONTH. WHERE WE PUTTING STUFF IN THE WATER THAT CAUSES CANCER? IF YOU STAND AGAINST IT, STOP PUTTING IT IN THE WATER AND THEN WE DON'T HAVE TO FIGHT IT AS MUCH BECAUSE WE REMOVE AT LEAST ONE SOURCE OF IT. I THINK IT IS IMPORTANT THAT WE COME YOU TALK ABOUT THE PUBLIC HAVING OPPORTUNITY TO BE INFORMED, WE REALLY NEED TO MAKE SURE THEY UNDERSTAND WHAT YOU ARE DOING BECAUSE IT IS CONTRARY TO POPULAR OPINION AND CONTRARY TO WHAT WE HAVE BEEN TOLD. PEOPLE HAVE BEEN TOLD THE WHITE SPOTS ARE NORMAL ON YOUR TEETH, IT'S NORMAL TO HAVE, IS NOT CONSIDERED HARMFUL TO HAVE TOXICITY OF TOO MUCH FLUORIDE. ANYTHING AS POINTED OUT, WE ALREADY HAVE FLUORIDE IN THE WATER. WE ARE NOT TALKING ABOUT A MASSIVE AMOUNTS OF THE NATURAL STUFF IS WAY BETTER THAN THE TOXIC CHEMICALS THAT WE CALL FLUORIDE THAT THEY PUT IN THE WATER SO I THINK THERE'S A LOT THAT CAN COME OUT OF THIS. RAISING AWARENESS, THERE ARE A FEW OF US WHO ARE SUPPORTIVE OF MAKING ABILENE FLUORIDE FREE BUT A LOT OF PEOPLE CANNOT COME. I KNOW YOU HAVE GOT EMAILS, BUT THOSE DISCUSSIONS ARE NOT HELD IN PUBLIC SO PEOPLE CAN UNDERSTAND. I THINK ANOTHER PUBLIC INTEREST MEETING WOULD BE GREAT TO HOLD SO PEOPLE CAN UNDERSTAND WHAT WE ARE TALKING ABOUT AND MAKE SURE WE DON'T JUST HEAR FROM THE EXPERTS, BUT FROM PEOPLE WHO HAVE DONE RESEARCH. I REMEMBER A YOUNG LADY WHO HAD A CHILD WHO HAD ADVERSE REACTION FROM THE VACCINE SO SHE BECAME AN ADVOCATE FOR UNDERSTANDING CHILDHOOD VACCINES. SHE WENT TO THE DOCTOR AND APOLOGIZED AND SAID I'M SORRY TO KEEP ASKING THESE QUESTIONS AND THE DOCTOR SAID DON'T APOLOGIZE, YOU HAVE DONE MORE RESEARCH THAN I HAVE.

THEY HAVE LIMITED KNOWLEDGE AND TIME STUDYING, BUT WE AS PARENTS HAVE DONE WAY MORE RESEARCH SO DON'T DISMISS US JUST BECAUSE WE DON'T HAVE A M.D. BY OUR NAME OR YOU'RE NOT CONSIDERED AN EXPERT BECAUSE THE AMOUNT OF TIME AND ENERGY WE SPENT RESEARCHING SHOULD GIVE YOU PAUSE TO MAKE SURE YOU KNOW YOU'RE DOING THE RIGHT THING BY PAUSING FLUORIDATION.

>> STILL IN THE PUBLIC HEARING. WOULD ANYONE ELSE LIKE TO SPEAK AT THIS TIME ON ITEM 24? I WILL CLOSE THE PUBLIC HEARING. I'M GOING TO MAKE A FEW COMMENTS. I WOULD LIKE US TODAY TO CHOOSE THE WORDING THAT WE ARE GOING TO USE TO CONTINUE THIS TEMPORARY SUSPENSION. IF WE SO VOTE THAT WAY. I WOULD AFFORD A 24 MONTH PERIOD AND LIKE TO LOOK AT THE PERMANENT SUSPENSION. I BELIEVE THERE ARE TWO WAYS THAT THIS COUNCIL COULD PASS ORDINANCE TO PERMANENTLY SUSPEND FLUORIDE.

>> THAT'S CORRECT. >> LEGAL WAYS TO DO IT AND OR WE COULD SEND IT BACK TO THE VOTERS. I REALIZE THAT'S THE WAY THAT IT WAS PASSED IN 2000. THAT WAS 24 YEARS AGO. WE HAVE A LOT MORE INFORMATION NOW THAT WE KNOW ABOUT AND WHAT WE NEED TO DO IS PROTECT OUR PUBLIC. I WOULD PERSONALLY LIKE TO SEE CONVERSATIONS ABOUT PERMANENTLY REMOVING FLUORIDE BEFORE A 24 MONTH PERIOD. COMMENTS FROM COUNCIL.

>> IN 1964 BY BALLOT THE VOTERS ELECTED TO INVENT THE ADDITION OF FLUORIDE AND IT WAS CHANGED TO ADD IT. I'M NOT OPPOSED TO HAVING IT UP FOR THE VOTERS AGAIN. I WANT TO MAKE SURE WHEN WE PUT IT OUT, IF WE DO PUT IT OUT FOR A VOTE THAT IT SPELLS OUT SOME OF THESE TECHNICAL TERMS. POINTING OUT WE HAVE POTENTIAL AMOUNTS OF FLUORIDE IN THE WATER AND DO THEY SUPPORT ADDING OR CONTINUING TO ADD WATER OR FLUORIDE AND RESUMING THE ADDITION OF FLUORIDE WITH CHEMICAL FLUORIDE , BUT FROM A PERSONAL, IT WAS ORIGINALLY PREVENTED BY VOTE AND THEN ADDED BY VOTE. TO PERMANENTLY REMOVE AGAIN. I'M NOT OPPOSED TO PUTTING IT IN FRONT OF THE VOTERS. IF THE EPA COMES BACK AND HAS NEW GUIDANCE AND IT MAKES IT THAT MUCH EASIER THAN WE NEED TO FOLLOW THE REDUCTION AMOUNT AND WHAT

[00:35:02]

THE TARGET IS. SO I AGREE I'M NOT COMFORTABLE WAITING 24 MONTHS FOR A RESOLUTION. IF WE ARE GOING TO HAVE THIS , WHEN WE HAVE THIS DISCUSSION IN THE FUTURE I WOULD LIKE IT TO BE AT A TIME FRAME THAT ALLOWS FOR US TO SAY YES OR NO ON A BALLOT INITIATIVE. IF WE WAIT UNTIL OCTOBER, THAT'S TOO LATE FOR THE NOVEMBER ELECTION AND TOO EARLY TO TALK ABOUT THE MAY ELECTION. I WOULD RATHER IT BE AUGUST OR FEBRUARY TIMEFRAME SO WE ARE WITHIN THE WINDOW PUTTING IT ON THE BALLOT, IF WE

CHOOSE TO DO THAT. >> SO TO FOLLOW UP ON YOUR POINT COUNCILMAN PRICE. WOULD YOU BE WILLING AND IF WE WERE TO SAY FOR THE FIRST GO AROUND OCTOBER 17, MAYBE PUT THE TIMEFRAME , THE FIRST PART OF AUGUST TO REVISIT THE FIRST PART OF AUGUST, 2025. FOR THIS LOW AROUND AND SAY OKAY HERE WE ARE FIRST PART OF AUGUST. IS NOT BEEN QUITE ONE YEAR. IF NEW INFORMATION COMES OUT THAT GIVES US ENOUGH LEEWAY TO PUT IT ON THE NOVEMBER BALLOT. AND IF, I MIGHT BE MAKING THIS WAY, LOCATED. AT THE BEGINNING OF AUGUST WE CAN SAY OKAY NOTHING HAS HAPPENED, NOW LET'S LOOK AT IT A YEAR OR SO DOWN THE

ROAD. >> OR WE CAN SAY WILL DO IT WITHOUT PUTTING IT ON THE BALLOT, BUT WE HAVE THE OPTION OF USING THE BALLOT OR NOT INSTEAD OF BEING IN A POSITION WHERE IT IS IN LIMBO AND AUGUST WOULD BE EARLY ENOUGH.

>> TO BE CLEAR THIS IS A TEMPORARY SUSPENSION WITH THREE TRIGGERS IN WHAT WE ARE TALKING ABOUT WHETHER WE CONSIDER PERMANENT SUSPENSION. THOSE ARE DIFFERENT THINGS.

>> YES I KNOW THEY ARE TWO DIFFERENT THINGS.

>> ARE WE GOING TO CONTINUE TEMPORARY OR TRANSITION TO

PERMANENT? >> I DON'T WANT TO USE THE DATE ON THE TEMPORARY TO DRIVE ANOTHER DISCUSSION OF ANOTHER TEMPORARY SUSPENSION. SO, I SAY THAT WE JUST PUSH IT OUT FOR TWO YEARS, IF NOTHING HAPPENS AND WE DON'T HAVE PERMANENT DISCUSSION, IN TWO YEARS WE TAKE UP TEMPORARY AGAIN. IF NOTHING HAPPENED. SIMULTANEOUSLY WE CAN DIRECT STAFF TO PUT THIS ON THE AGENDA FOR AUGUST WHATEVER TIME MAKES SENSE FOR A PERMANENT DISCUSSION AND SEE WHAT DEVELOPS. THEN WE CAN DECIDE WHETHER WE WANT THIS TO BE A BALLOT INITIATIVE OR YOU WANT TO TAKE ACTION OR WE CAN DO IT NEXT WEEK AS FAR AS A PERMANENT CONSIDERATION. ALL OF THAT IS FINE. THIS TEMPORARY SUSPENSION, THE DATE WE CHOOSE DOES NOT CONSTRAIN OR DRIVE ANY OF THOSE ACTIONS.

>> IT DOESN'T, BUT IT'S A NATURAL TIME TO TALK ABOUT IT.

IF YOU ARE UNCOMFORTABLE WITH 12 MONTHS, IF WE DID AUGUST 2026 THAT GIVES US 20 MONTHS. 21 MONTHS FROM NOW.

>> I DON'T WANT TO WAIT THAT LONG.

>> YOU ARE ASKING FOR 24 MONTH COMMENCING AUGUST 2026 IS 21 MONTHS. SO THAT GIVES US CLOSER , BUT A NATURAL TRANSITION POINT OF OKAY WE ARE AT A POINT OF CONTINUING TEMPORARY OR GOING PERMANENT. IF YOU WANT TO GO PERMANENT BEFORE THAT WE CAN, BUT IT'S A TRIGGER POINT THAT IS WITHIN THE TIMEFRAME THAT ALLOWS FOR THE ELECTION OPTION IF WE WERE TO DO THAT.

IT WOULD BE IN A EVEN YEAR WHICH WOULD BE A BIGGER ELECTION, NOT PRESIDENTIAL, IT WOULD BE CONGRESSIONAL.

>> OKAY. >> WE HAVE THE OPTION ANY TIME.

AS YOU MENTIONED IN THREE WEEKS IF SOMETHING COMES THE EPA RULES SOMETHING THEN WE CAN DO IT AT ANY TIME.

>> I AM OPEN , ANYBODY KNOWS ME I LIKE WHEN PEOPLE GET A CHANCE TO VOTE. WHERE I AM STRUGGLING WITH THAT IS WE ARE MAKING A PAUSE, ESSENTIALLY BASED ON PUBLIC SAFETY ISSUE. SO IF WE'VE GOT JUSTIFICATION TO POSIT AND I KNOW WE ARE WAITING ON SOME COURT CASES WITH NATURALLY OCCURRING FLUORIDE ALREADY. I LEAN TOWARD STOPPING IT. IF WE ARE CONCERNED ENOUGH THAT WE ARE PAUSING IT WE NEED SOME THINGS TO RELAPSE IN THE COURTS AND I THINK WE HAVE TO AT LEAST THINK THROUGH. WE KNOW WE HAVE THE LEGAL AUTHORITY TO ADOPT ORDINANCE TO STOP IT PERMANENTLY AND I WANT TO ADD THAT INTO THE MIX FOR THE

[00:40:01]

DISCUSSION. WHICH IS WHERE I KIND OF LEAN, I DON'T THINK WE NEED TO BE FORCED MEDICATING PEOPLE. THERE ARE SO MANY DIFFERENT WAYS TO GIVE FLORIDA PEOPLE CHOOSE TO. THEY HAVE THE FREEDOM TO DO THAT. SO THAT'S KIND OF WHERE MY MIND IS GOING.

>> I VIEW THIS AS A PROBABLE CAUSE HEARING TO ERR ON THE SIDE OF CAUTION. WE HAVE INFORMATION FOR THE COURT GATHERED INFORMATION SET THERE IS A POSSIBILITY THIS MAY BE CAUSING INJURY. WE DON'T KNOW YET, THE EPA CAME BACK. WE HAVE AIRED ON THE SIDE OF CAUTION WITH A TEMPORARY SUSPENSION AND IT IS JUSTIFIED UNDER HEY, LET'S PROTECT PUBLIC HEALTH. I THINK SHORT OF, I WOULD AGREE WITH COUNCILMAN PRICE. CITIZENS VOTED IN 2000 TO SAY YES YOU NEED TO PUT IN FLUORIDE. MY PREFERENCE WOULD BE COMING KNOW IT'S THE VOTERS WHO SAY YES OR NO ON THAT. IS NOT LIKE SANCTUARY CITY ORDINANCE WHERE THE VOTERS VOTED FOR IT AND THEN COUNCIL DID NOT COME IN AND SAY WELL, NO. WE CAME IN AND TWEAKED IT TO MAKE IT ACTUAL. I GET THAT QUESTION A LOT ON CENTURY CITY. HOW IS THIS DIFFERENT? IN MY MIND IT IS DIFFERENT BECAUSE THE VOTERS TOLD US IN 2000 THEY WANTED FLUORIDE AND FOR US TO SAY , WE HAVE THAT POWER AS COUNCIL THAT'S CLEAR. ANYTHING FROM THE ENGAGEMENT PERSPECTIVE IT'S GOOD FOR US TO GO BACK TO THE PEOPLE AND SAY YOU TOLD US TO DO X, DO YOU STILL WANT US TO DO THIS? INSTEAD OF JUST TWEAKING IT, RIGHT NOW WE ARE TWEAKING TO SAY WE HAVE NO INFORMATION 24 YEARS AGO AND WE NEED TO SUSPEND THIS. MY PREFERENCE COMING INTO THE MEETING WAS ONE YEAR FROM A LEGAL PERSPECTIVE TEMPORARY, MAKES ME THINK OF WHEN YOU PASS ONE YEAR , THE DEFINITION, IT'S A LITTLE BLURRY. OVER WITH STANLEY'S POINT, AM COMFORTABLE WITH THE TWO YEARS BECAUSE IT GIVES US A BETTER TIMELINE OF WAITING FOR THE EPA TO COME BACK, IF THEY COME BACK, NINE MONTHS OR A YEAR THAT MERE FLEXIBILITY DO WE WANT TO PUT IT IN FRONT OF THE PEOPLE? MY PREFERENCE WOULD BE I'M GOOD WITH A TWO-YEAR TEMPORARY SUSPENSION AND THEN

WITH THOSE TRIGGERS. >> I DID SUGGEST 24 MONTHS . I HAVE SEEN ENOUGH INFORMATION THAT MAKES ME THINK THERE IS VERY LITTLE VALUE ADDED AND A POTENTIAL, NOT PROVEN BUT POTENTIAL RISK THAT'S NOT WORTH TAKING GIVEN THE VALUE ADDED. I WOULD BE WILLING TO TABLE THIS AND MAKE A MOTION THAT WE REDRAFT THIS TO BE PERMANENT.

>> I WOULD SAY WE NEED TO CONTINUE THE TEMPORARY.

>> CAN CONTINUE TEMPORARY WITHOUT DOING THIS.

>> LOOK AT THE PERMIT THEN IT HAS TO GO BACK IN.

>> I DON'T HAVE THE AUTHORITY TO DISREGARD VOTERS AND THE WILL OF THE COUNCIL, SO WITH THE MAYOR AND I HAVE DONE IS A VERY MEASURE UNTIL COUNCIL CAN ACT IN THIS IS COUNCIL OPPORTUNITY TO ACT. MY RECOMMENDATION FROM WHAT I HAVE HEARD SO FAR IS PASSED ON FIRST READING TEMPORARY ORDINANCE FOR 24 MONTHS THAT IS A CONSENSUS POINT AND THEN IF YOU WISH TO HAVE A MORE FORMAL DISCUSSION WITH POTENTIAL ACTION OPPORTUNITY ON THE PERMANENT CESSATION OF FLUORIDE YOU PUT IT ON THE AGENDA AS WELL AS A SEPARATE ITEM AT THE TIME OF COUNCIL CHOOSING. IT COULD BE NEXT MEETING, IT COULD BE SIX MONTHS FROM NOW TO GIVE OPPORTUNITIES TO THINK, REALLY

AT YOUR DIRECTION. >> I'M GOOD WITH THIS, GOOD

WITH 24 AT FIRST OPPORTUNITY. >> I AGREE AND SAY IT ONCE TO STATE YOUR POINT, SAY IT TWICE YOU ARE POLITICKING. BUT I WILL SAY AGAIN, I FEEL THIS COUNCIL, WE ARE ELECTED OFFICIALS HERE TO PROTECT THE PUBLIC. 24 YEARS AGO ON THE VOTE AND IF THE VOTERS DON'T LIKE WHAT WE DO, THEN THEY REASON WITH THAT AT THE POLLS. I FEEL WE NEED TO PERMANENTLY SUSPEND. THAT'S NOT THE QUESTION TODAY, SO WHAT I WOULD LIKE TO DO IS DEAL WITH TEMPORARY SUSPENSION THAT WE ARE ACTING ON TODAY. WHAT WE DO WITH WORDING AND WE KNOW WE WOULD LIKE TO HAVE CONVERSATIONS WITH PERMANENT SUSPENSION IN THE FUTURE. SO

[00:45:01]

LET'S GET THE WORDING HOW WE WANT TO ACT ON THIS ITEM TODAY.

>> LISTENING TO WHAT YOU GUYS ARE SAYING , I FEEL MORE COMFORTABLE WITH JUST ADHERING TO THE TEMPORARY FROM WHAT WE TALKED ABOUT LAST TIME, BUT DEFINITELY TO COUNCILMAN YATES POINT. JUST GIVING US THE OPPORTUNITY AT DISCRETION TO COME BACK WITH PERMANENT. I HEARD YOU SAY SOMETHING EARLIER AND IT MADE ME THINK ABOUT ÚPROTECTING CITIZENS ENDED, I WOULD BE REMISS TO , YOU ARE THE CRIES OF THESE KIDS AND I THINK OF THAT WHEN I THINK OF FLUORIDE. I AM MORE INCLINED TO TALK ABOUT THE PERMANENT SUSPENSION AS FAST AS WE CAN, BUT TODAY, I WOULD APPRECIATE THE TEMPORARY, THE LANGUAGE

CLOSING AND CEMENTING THAT. >> THANK YOU. THANK YOU FOR

POINTING THAT OUT. >> 24 MONTHS?

>> YES, 24 MONTHS. YES. THAT WOULD MAKE ME FEEL BETTER TO LAND ON 24 MONTHS. I WOULD BE HAPPY TO MAKE THE MOST AND IF EVERYONE IS IN AGREEMENT AND TO ADD THE FOR. WE WILL LET IT

PASS. PLUS >> WE HAVE A MOTION AND A SECOND . FURTHER DISCUSSION? TO VOTE

>> BEFORE WE LEAVE THIS ITEM WE TOOK ACTION ON THE TEMPORARY IN THE SECOND PART IS DIRECTION TO STAFF ON THE PERMANENT IS THERE DIRECTION TO STUFF ON THE PERMANENT? WITH THE SECOND-LEADING WILL HAVE 24 MONTHS. URGENT NEED TO HAVE A DISCUSSION STARTING NEXT MEETING?

>> IT GIVES US TIME TO THINK ABOUT HOW WE WOULD LIKE TO MOVE FORWARD WITH THE PERMANENT, BUT THIS COVERS NOW.

>> NOT DIRECTING STAFF TO BRING PERMANENT?

>> WE ARE IN THE PROCESS OF MAKING THE TEMPORARY STOP.

>> ALL YES, THE MOST >> BEFORE WE MOVE ON. I DO WANT TO RECOGNIZE THE AMOUNT OF INPUT FROM THE CITIZENS THAT WE GOT ON THIS. YOUR EMAILS, WE DO HEAR THEM AND READ THEM. WE APPRECIATE FOR OR AGAINST THE ITEM, WE ENCOURAGE YOU TO DO THAT, WE LOOK AT THOSE AND REREAD THOSE AND WE APPRECIATE THE AMOUNT OF THEM. VERY THANKFUL. BEFORE WE MOVE TO ITEM 25 COUNCILMAN MCALISTER REMINDED ME AND WE WOULD LIKE TO RECOGNIZE OUR VERY OWN CITY SECRETARY. AS A NOMINEE FOR THE TEXAS MUNICIPAL CLERK OF THE YEAR.

>> I HAVE HER ROOKIE CARDS SHE WILL SIGN THEM.

[25. Discussion: Receive a Report, Hold a Discussion and Public Hearing, and Take Direction on a Possible Amendment to the Sign Ordinance Regarding Off-Site Advertising (Tim Littlejohn)]

>> THANK YOU FOR REMINDING US. MOVING TO ITEM 25 AND I WILL ASK TIM LITTLEJOHN DIRECTOR OF PLANNING AND DEVELOPMENT SERVICES TO PRESENT THIS ITEM .

>> THANK YOU MAYOR AND COUNCIL. UP FOR DISCUSSION IS POSSIBLE AMENDMENT TO THE SIGN ORDINANCE REGARDING OFF-SITE ADVERTISING.

REQUEST TO POTENTIALLY AMEND LAND DEVELOPMENT CODE TO PERMIT OFF-SITE ADVERTIING BILLBOARD OR ELECTRONIC MESSAGE SIGNS IN NEW LOCATIONS WITHIN CITY LIMITS BY ALLOWING SMALLER OFF-SITE SIGNAGE. THE SMALLER SIGNAGE IS A NEW TECHNOLOGY COMING AROUND AND STARTING TO WANT TO BE USED IN AREAS WHERE OFF-SITE SIGNING IS NOT ALLOWED AT THE MOMENT THROUGHOUT THE CITY. STAFF AS RESEARCH WITH SISTER CITIES AND, CURRENTLY OFF-SITE SIGNAGE IS LIMITED TO ZONING DISTRICTS SIGNS ARE ONLY PERMITTED ON LOTS ZONE THE GENERAL RETAIL, GENERAL COMMERCIAL, HEAVY COMMERCIAL, LIGHT INDUSTRIAL, HEAVY INDUSTRIAL AND AGRICULTURE OPEN SPACE WITH A SPECIAL EXCEPTION.

SEPARATION REQUIREMENTS ARE IN PLACE WITH 250 FEET AWAY FROM OTHER OFF-SITE ADVERTISING SIGNS FOR TYPE I AND TYPE II AND FOR CLARITY TYPE I IS 600 , AS LARGE AS 672 SQUARE-FEET AND TYPE II IS 378 SQUARE-FEET WITH MINIMUM DISTANCE OF 750 FEET

[00:50:05]

SAME SIDE OF THE ROAD WHEN NOT ON INTERSTATE OR PRIMARY HIGHWAY. LAND DEVELOPMENT SAYS NO SIGN SHALL BE PERMITTED LESS THAN 135 FEET FROM A LOT IN ANY RESIDENTIAL SINGLE-FAMILY MOBILE HOME OR MULTIFAMILY ZONING DISTRICT. LAND DEVELOPMENT CODE RESTRICTS OFF-SITE ADVERTISEMENT TO CERTAIN ROADS WITHIN CITY LIMITS, TYPE I LIMITED TO THOROUGHFARE DESIGNATED AS FREEWAY OR EXPRESSWAY WITH SPECIFIC ROADS LISTED AND TYPE II LIMITED TO ARTERIAL OR COLLECTORS WITH SPECIFIC STREETS LISTED. ADDITIONAL OFF-SITE ADVERTISING ELECTRONIC MESSAGE SIGNS OR WHAT COULD BE POSSIBLE DISTRACTION TO DRIVERS COULD CREATE HEALTH AND SAFETY HAZARD BUT ELECTRONIC SIGNS HAVE SPECIFIC REQUIREMENTS FOR BRIGHTNESS, DISPLACE TRANSITION AND SIGN FACES TO HELP PROTECT SOME OF THOSE HAZARDS AND ANY ADDITIONAL STANDARDS COULD BE FOLLOWED UP. HERE IS A SISTER CITY EXAMPLE WHICH THEY ARE BOTH PRETTY SIMILAR TO OURS. WACO RESTRICTS OFF PERMIT SCIENCE BY THE STREETS LIKE WE DO AND FOR DIGITAL SIGNAGE CONTACT MUST BE AVAILABLE WHO IS ABLE TO TURN OFF THE SIGN PROMPTLY AFTER MALFUNCTIONING. SAN ANGELO REPEALED ALL ZONING CONSIDERATION PERTAINING TO OFF-SITE ADVERTISING DUE TO THE DECISION OF THE UNITED STATES COURT OF APPEALS. IMPOSING REGULATION TO SIGNS OVER 250 SQUARE-FEET IN A SIMILAR MANNER AND ALSO THOSE FREESTANDING SIGNS FOR ALL LOTS DETERMINED BY FRONTAGE AND MAXIMUM , HERE IS WICHITA FALLS. REQUIRING SEPARATION OF 200 FEET FROM RESIDENTIAL AND AMARILLO .

STAFF FINDING NEW OFF-SITE ADVERTISING IS GENERALLY PROHIBITED BY LAND DEVELOPMENT CODE AS SPECIFIED CURRENTLY TYPE II SIGNS ALL SIGNS OF THE 378 SQUARE-FEET. NEW STANDARD FOR SMALL SIGNS MAY BE BENEFICIAL TO PREVENT FUTURE REQUESTS STAFF HAS ONLY RECEIVED TWO GRANTS REQUEST IN THE PAST THREE YEARS FOR SMALLER SIGNS. CHANGING THE ORDINANCE WILL ALLOW NEW OFF-SITE ADVERTISING FOR ALL COMPANIES, BUT COULD POSSIBLY CLUTTERED THE CITY WITH NEW ADVERTISEMENT. WHAT WE ARE LOOKING AT IS EVIDENTLY A DIFFERENT DISCUSSION WITH COUNCIL TODAY AND THEN POSSIBLY RECEIVE DIRECTION , IF THERE IS INTENTION OF AN AMENDMENT TO THE EXISTING SIGN ORDINANCE. IN THE PACKAGE YOU WILL SEE WHAT STAFF HAS COME UP WITH AS A POSSIBILITY FOR A NEW TYPE III SIGN WHICH WOULD COVER THE NEW TECHNOLOGY.

>> QUESTIONS. >> JUST TO CLARIFY. PAGE 435 ON THE PACKET SAYS TYPE III AREA, HEIGHT, MOUNTING SPACE PROHIBITED SO THE PUBLIC CAN UNDERSTAND, IS THIS WHAT'S CURRENTLY ALLOWED FOR WHAT IS POSSIBLY BEING RECOMMENDED BY

STAFF ON 435? >> THIS IS POSSIBLE RECOMMENDATION FROM STAFF TO THE COUNCIL, NOT CURRENTLY ALLOWED. THIS WOULD CHANGE THE LAND DEVELOPMENT CODE.

>> TO KIND OF SUMMARIZE, THIS WOULD ALLOW TYPE III SIGNS ON BUTTERNUT, TREADWAY, EAST HIGHWAY 80, SOUTH, FIRST, SECOND, THIRD AND FOURTH FROM ELM STREET TO TREADWAY WITH EXCEPTION ON THE SOUTH SO IN EFFECT IT WOULD BE ALLOWING IT ACROSS THE BOARD FOR THOSE PLACES WITH THE EXCEPTION OF DOWNTOWN, NORTH DOWNTOWN. IT COULD BE NORTH FIRST TO THE DESIGNATED AREA NOW SIXTH OR ON NORTH EIGHTH WOULD NOT BE

ALLOWED IS THAT ACCURATE? >> THAT IS ACCURATE. WE CAME TO THE CONCLUSION AFTER MEETING WITH DOWNTOWN STAKEHOLDERS.

THERE WAS A 2-1 VOTE AGAINST, FOR DOWNTOWN.

>> WAS THE RATIONALE THAT THE COUNCIL CAN TAKE AWAY OF WHY IT WAS 2-1 AGAINST IN DOWNTOWN, BUT FOR IT ON THE REST OF THE

STREETS? >> MOST STATED THE CONCERN OF NOT BEING ABLE TO REGULATE WHAT TYPE OF ADVERTISING AND THEY

[00:55:02]

WERE WORRIED ABOUT SIGN POLLUTION. MOST COMMON THEY DID NOT WANT TO LOOK LIKE VEGAS IS WHAT THEY SAID.

>> THIS HAS BEEN HOTLY DEBATED. MY THOUGHTS, I'M GOOD WITH ALLOWING EVERYWHERE EXCEPT DOWNTOWN, NORTH DOWNTOWN , WE CAN GET INTO THE WEEDS, BUT THAT'S MY GENERAL THINKING. ON BUTTERNUT I THINK IT COULD HELP TO BRING BUSINESSES AND HELP REVITALIZE BUTTERNUT AND A LOT OF AREAS. I UNDERSTAND CONCERNS FOR AESTHETICS. FOR NORTH DOWNTOWN ON FIRST, EIGHTH AND SIXTH, SO I AM GOOD WITH WHAT IS PROPOSED WITH THE EXCEPTION OF NORTH DOWNTOWN BEING THE EXCEPTION.

>> YOU AGREE WITH WHAT STAFF IS PROPOSING. ANYONE WITH QUESTIONS? THANK YOU. AT THIS TIME I WILL OPEN UP THE PUBLIC HEARING. ANYONE WHO WOULD LIKE TO SPEAK FOR OR AGAINST ITEM 25, PLEASE COME FORWARD AND GIVE YOUR NAME FOR THE RECORD.

>> MY NAME IS GREG I AM WITH RESIDE IN MAY, TEXAS. CURRENTLY THE MANAGER FOR LAMARR OUTDOOR ADVERTISING. IT WILL PROBABLY COME AS A SURPRISE TO A LOT OF YOU THAT I AM IN OPPOSITION CHANGING OF THE ORDINANCE. LONG AGO SET FORTH TEXAS REGULATIONS WITH SPACING AND GUIDELINES FOR OUT OF HOME COMPANIES THAT WE ADHERE TO. CITIES AND I'M GLAD MR. LITTLEJOHN ADDED DIFFERENT CITIES SUCH AS SAN ANGELO, WACO AND HOW OTHER CITIES FOLLOW GUIDELINES MEANING THE PUBLIC WANTS AND COUNCIL. THE SPACING AND THE PLACEMENT OF THE OUTDOOR ADVERTISING SIGNS IS SOMETHING THAT LAMARR PRIDES ITSELF ON FINDING THE BEST SPOT . WITH THAT SAID THE SPACING AND REQUIREMENTS THAT THE COUNCIL IS CHANGING ON THIS BRINGS TO MIND THE JAR THAT THE PROFESSOR SETS IN FRONT OF THE CLASS AND FILLS IT WITH GOLF BALLS AND ASKED IF THE GLASS IS FULL AND OF COURSE THE CLASS IS YES THEN HE ADDS MARBLES, THE MARBLES FILL THE SPACE AND AGAIN ASKS IF IT'S FULL THEY SAY YES, THE SAND IS THE 50 SQUARE-FOOT SIGNS THAT WILL BE PLACED IN ABILENE AND INUNDATE AREAS TO WHICH THE PUBLIC I DON'T FEEL WANT AND IT'S GOING TO TURN INTO VEGAS. WITH THAT SAID, LAMARR ABILENE IS OPPOSED TO IT AND I HOPE YOU WILL CONSIDER THAT. INUNDATION OF THE SCIENCE THAT WILL TAKE PLACE IN THE AREAS IN WHICH THE PUBLIC DOES NOT WANT THEM. I APPRECIATE YOUR TIME.

>> IS THERE ANYONE ELSE WOULD LIKE TO SPEAK ON ITEM 25?

PLEASE COMPORT. >> TAMMY VOGEL. I WASN'T GOING TO SAY ANYTHING BUT I REALIZED THE ONLY NEGATIVE EXPLAINS I HAVE HAD WITH A DIGITAL SIGN WAS IN THE SODA DISTRICT AND IT WAS SO BRIGHT THAT JUST THE TIME FOR MOCKING OUT OF THE BUSINESS TO GET IN MY CAR I THOUGHT I WAS CLOSE TO A EPILEPTIC SEIZURE BECAUSE OF HOW BRIGHT AND DISORIENTING IT WAS. JUST BECAUSE THE NORTH IS NOT OKAY WITH IT I AS A RESIDENT AGREE WITH WHAT THIS GENTLEMAN SAID. WHILE IT IS A NEW THING , THE DIGITAL SIGNS, IT IS OVERWHELMING AND I DON'T THINK WE SHOULD CHANGE IT JUST BECAUSE AND PUT MORE OF THEM ESPECIALLY BUTTERNUT. I DON'T UNDERSTAND HOW PUTTING DIGITAL SIGNS WILL REVITALIZE THE AREA, WE NEED BUSINESS IS NOT ADVERTISING. WHAT HAVE SEEN HAPPEN IN THE FEW PLACES IT'S ALLOWED IS VERY DISCONCERTING AND IS NOT ATTRACTIVE AND MAKES ME NOT WANT TO GO INTO THOSE AREAS SO I THINK IT HAS A NEGATIVE EFFECT OF THE GOAL TO GET MORE PEOPLE AROUND THOSE PLACES AND MAYBE I'M NOT THE CLIENTELE. BUT I'M SAYING THE DIGITAL SIGNS CAN BE VERY DISORIENTING AND AT NIGHT THE GLARE IS SO BAD AND THAT WAS APPROVED BY THE CITY SO I'M NOT SPEAKING TO SOMETHING THAT WAS OUT OF LINE SO I CAN'T IMAGINE THAT BEING MORE. ANYWAY WANTED TO SHARE MY EXPERIENCE,

THANK YOU. >> STILL IN THE PUBLIC HEARING WOULD ANYONE ELSE LIKE TO SPEAK ON ITEM 25? PLEASE COME FORWARD. SEEING NO ONE I WILL CLOSE THE PUBLIC HEARING. ANY

[01:00:07]

FURTHER DISCUSSION BY COUNCIL?

>> I DO HAVE A THOUGHT TO ASK TO TIM. I THINK IT IS SUPER HELPFUL TO KNOW THE EFFORT YOU AND YOUR TEAM AND MAYBE KATIE WAS PART OF THAT. PUTTING IN THE FEEDBACK FROM BUSINESS OWNERS DOWNTOWN. I KNOW THERE WERE A LOT OF AVENUES YOU ENTERED INTO TO GAIN FEEDBACK. CAN YOU SHARE WITH THE PUBLIC IT WAS NOT A STANDALONE DECISION, BUT SOMETHING YOU GAINED A LOT OF INFORMATION BACK FROM STAKEHOLDERS DOWNTOWN, CAN YOU SHARE WHAT THAT LOOK LIKE FROM SURVEYS OR ONE-ON-ONE INTERVIEWS OR WHATEVER THAT ENTAILED?

>> A LOT OF IT WAS MEETING WITH THE DOWNTOWN ASSOCIATION WHICH HELPED ORGANIZE WITH THE CHAMBER THAT'S HOW WE CAME UP WITH 2-1 AGAINST TAKING DOWNTOWN. THE OTHER INFORMATION WE GATHERED OR STAFF GATHERED WAS SPEAKING WITH STAKEHOLDERS AND CONTRACTORS AND BUSINESS OWNERS AND SEEING WHAT WOULD BE A FEASIBLE OPTION OF THIS ADDITION. ONE THING THAT WAS , THAT THE LAMARR GENTLEMAN WAS CONCERNED ABOUT, THIS WOULD FOLLOW SAME SPACE STANDARDS AS REGULAR BILLBOARDS SO THEREFORE THESE WOULD MEET THE SAME SEPARATION REQUIREMENTS AS THE LARGER BILLBOARDS, BUT IT IS ADDING SOME ADDITIONAL STREETS BASICALLY AND ADDING SPECIAL REGULATIONS TO ACCOMMODATE A SMALLER TYPE OF SIGN. THAT'S WHY IT SAYS SPACING REQUIREMENTS FOLLOW TYPE I AND TWO. THAT WAS THE CONSENSUS.

JUST LIKE OTHER CITIZEN SAY, WE DO HAVE REGULATIONS ON BRIGHTNESS AND WE ARE FAMILIAR WITH THE SIGN SHE WAS REFERRING TO AND THAT ONE WAS OUT OF REGULATION AND NEEDED TO BE ADJUSTED DOWN. NOT DESIGNED TO BE THAT BRIGHT AT NIGHT, BUT THAT IS SOMETHING STAFF HAS BEEN TALKING ABOUT WITH MORE ENFORCEMENT OF THESE TYPES OF SIGNS. AS THEY BECOME MORE POPULAR THAT SOMETHING WE HAVE TO INPUT.

>> I MAINLY WANTED TO DO THAT BECAUSE I KNOW YOU AND YOUR TEAM HAVE BEEN CONSISTENTLY NOT JUST INVOLVED IN THE DISCUSSIONS, BUT MONITORING THEM SO I WANTED TO HIGHLIGHT AND APPRECIATE THE WORK AND TRUST THAT GOES INTO WHEN THEY KNOW IT'S NOT STANDALONE, NOT SOMETHING YOU'RE DOING ISOLATED BUT IT IS SOMETHING WHERE YOU GAIN INPUT SO THANK YOU FOR THE WORK YOU AND YOUR TEAM HAVE DONE. FOR ME PERSONALLY, IT IS ILLUMINATING TO KNOW DIFFERENT PEOPLE AND DIFFERENT INTEREST TO WHERE THEY ARE FOR OR AGAINST. SOME OF THE THINGS THAT CONCERN ME MORE SO IS DEFINITELY THE SAFETY PIECE, BUT MORE SO IN TERMS OF LONG-TERM INTEGRITY IN TERMS OF OUR CITY, THE AESTHETIC BRANDING AND ALL THOSE DIFFERENT THINGS SO THAT'S WHERE I TEND TO LEAN.

THANK YOU FOR YOUR INPUT. >> I WOULD LIKE CLARIFICATION.

YOU SPECIFY THE 2-1 VOTE FOR NORTH DOWNTOWN, WAS THERE A SIMILAR VOTE FOR THE SODA DISTRICT WHERE THERE WAS NOT OPPOSITION SO THAT'S WHY YOU INCLUDED?

>> THERE WAS NO OPPOSITION. THERE WAS SOME SUPPORT.

>> SUPPORT FROM THE BUSINESS AND PROPERTY OWNERS IN THE

AREA? >> YES, THAT'S WHY YOU CAN SEE

SPECIFIC STREETS LISTED. >> I WANTED TO MAKE SURE IT WAS NOT JUST SILENCE. SO WE ASSUMED THEY WERE GOOD.

>> TIM, CAN YOU CLARIFY THE DIFFERENCE BETWEEN OFF-SITE

ADVERTISING AND ON-SITE? >> YOU COME ON-SITE IS BASICALLY ADVERTISING ANYTHING ON THAT PARCEL PERTAINING TO THE PARCEL. OFF-SITE IS A SIGN ON A PARCEL THAT ADVERTISES ANYTHING OFF-SITE OF THE PARCEL. THAT'S THE ONLY THING WE ARE ALLOWED TO REGULATE BY LAW, WE CANNOT REGULATE CONTENT AND THAT'S WHY THIS IS A SENSITIVE SUBJECT. IS A VERY PASSIONATE SUBJECT WITH THE COMMUNITY. ANYTHING ON-SITE THAT THE BUSINESS DOES LIKE EVENT CENTERS, THEY CAN ADVERTISE EVENTS BUT THEY CANNOT ADVERTISE AN EVENT HAPPENING ACROSS TOWN. IT HAS TO BE RELATED TO THAT

PARTICULAR PORTION. >> SO, THIS IS KIND OF A STICKING POINT FOR ME. IF EVERYBODY GETS THE BILLBOARD RESTRICTIONS, SIGN ON THE SIDE OF THE ROAD AND YOU PUT WHATEVER YOU WANT UP THERE THAT'S AT LEAST PUBLICLY ACCEPTABLE, IF YOU'VE GOT A SIGN ON YOUR BUILDING , SHOULD

[01:05:03]

WE BE REGULATING WHAT THE SIGN SAYS? IF YOU ON THE BUILDING AND IT'S ON YOUR PROPERTY, DO WE HAVE THE ABILITY CONSTITUTIONALLY TO SAY WHAT THE SIGN SAYS?

>> WILL HAVE THE ABILITY TO REGULATE IF IT'S ON-SITE OR OFF-SITE, IF IT'S OFF-SITE WE DON'T HAVE THE ABILITY TO

REGULATE CONTENT. >> THERE ARE OBSCENITY LAWS

THAT APPLY. >> THAT'S NOT REALLY WHAT WE'RE TALKING ABOUT. WE ARE SAYING ON-SITE VERSUS OFF-SITE.

THE DISTINCTION IS WHAT'S BEING ADVERTISED WHEN WE SAY THAT? NOT WHERE THE SIGN IS. TO ME, WHERE THE SIGN IS DETERMINES WHETHER ON-SITE OR OFF-SITE. SO MAYBE I'M CONFUSED ON THE LANGUAGE THE TERM THE TERM OF ART ON PREMISE WOULD BE A SIGN ADVERTISING SOMETHING SPECIFIC TO THAT BUSINESS.

MECHANIC SHOP ON BUTTERNUT AS A POLE SIGN THAT SAYS JOE'S CHOP SHOP AND THEN YOU HAVE A WALL SIGN.

>> THAT'S ANOTHER DISCUSSION. >> AND THEN YOU ANOTHER SIGN THAT SAYS THE SAME THING. THOSE ARE ON PREMISE SIGNS AND ARE GOVERNED AND REGULATED BY THE ORDINANCE AND LAWFUL MANNER.

OFF PERMIT WOULD BE IF YOU HAVE COMING THIS CASE, TYPE III, 50 SQUARE-FEET ON THE SIDE OF JOE'S BUILDING AND IT IS ADVERTISING WHATABURGER OR MCDONALD'S OR WALMART OR SYLVIA'S DRESS SHOP OR SOMETHING THAT HAS NOTHING TO DO WITH THE SERVICES PROVIDED BY JOE'S SHOP. THAT IS OFF PREMISE, THAT'S NOT ALLOWED PRESENTLY THE WAY THE ORDINANCE IS INTENDED TO ALLOW BASED ON FEEDBACK RECEIVED FROM COUNCILMEMBERS WHO ASKED THIS ITEM TO COME FOR DISCUSSION AND SOME OF THE BUSINESS COMMUNITY WHO HAS BEEN ADVOCATING.

>> FOR ME IF I HAVE BEEN ON A PIECE OF PROPERTY IN A GOOD SPOT AND I WANT TO GENERATE ADDITIONAL REVENUE FOR MY BUSINESS I CAN ALLOW SOMEONE TO HANG A SIGN ON MY WALL FACING THE STREET, UNDER THE REGULATIONS THAT WE ARE PROPOSING AND SELL THE ADVERTISING THAT IS NOT HAVE ANYTHING TO DO WITH MY BUSINESS. IS MY BUSINESS, IT'S MY WALL. IF I WANT TO LET SOMEBODY HANG UP A MONITOR AND ADVERTISE, PROVIDED IS NOT YOU KNOW FOR ME THAT'S WHAT THIS IS ABOUT. IT'S MY PROPERTY. CITY LAWS GOVERN THE CONTENT, IF I WANT TO LET WHATABURGER ADVERTISE I CAN DO THAT.

>> I AGREE. CLEARLY WE HAVE THE ABILITY TO REGULATE PRESENTATION , THOSE ANGLES. BRIGHTNESS AND THAT KIND OF STUFF. THERE IS A PUBLIC SAFETY INTEREST IN THAT. I AM LESS CLEAR THAT WE SHOULD BE REGULATING THE CONTENT ON PRIVATE PROPERTY. WHETHER IT IS DIGITAL OR PRINT IT'S KIND OF IRRELEVANT EXCEPT FOR THE BRIGHTNESS. IF YOU HAVE GOT A BUILDING AND YOU PUT UP A SIGN I'M NOT SURE , UNLESS IT VIOLATES OBSCENITY LAW OR CREATES A PUBLIC HAZARD SHOULD WE BE SAYING YOU CAN'T DO THAT?

>> THAT'S A TOTAL POLICY QUESTION FOR COUNCIL. IF THAT'S WHAT COUNCIL WANTS TO DO IS REMOVE ALL RESTRICTIONS FOR ON PREMISE SCIENCE, THE ONLY THING TO GOVERN OFF PREMISE SIGNS WOULD BE TXDOT REQUIREMENTS. AND YOU MIGHT WANT TO CONSIDER REPEALING THE SIGN CODE BECAUSE THERE'S NOT MUCH OF A REASON TO HAVE IT ON HOW MANY SIGNS ONE CAN HAVE ON THE PROPERTY AND WHERE YOU CAN PLACE THEM. WHAT WE DO IN THE CITY OF ABILENE IS CONSISTENT WITH WHAT MOST OTHER COMMUNITIES IN TEXAS AND THE UNITED STATES DO, WE ARE LESS RESTRICTIVE THE MOST WHEN IT COMES TO SIGNAGE. THIS IS 100% THE OPTION THE POLICY OF COUNCIL. IF YOU WANT TO HAVE A DISCUSSION MORE IN DEPTH ABOUT SHOULD WE EVEN BE REGULATING

[01:10:03]

SIGNAGE, WE CAN HAVE THAT DISCUSSION BUT THAT IS A LARGER

DISCUSSION FROM THIS ORDINANCE. >> I'M NOT SURE IT'S ALL OR NOTHING. I THINK WE CAN LIMIT LOCATION AND PLACEMENT AND APPEARANCE WITHOUT REGULATING THE CONTENT.

>> NO ONE IS ASKING TO REGULATE CONTENT.

>> WE ARE, TALKING ABOUT ON-SITE VERSUS OFF-SITE. IF I'M ADVERTISING ON MY PROPERTY THAT'S ON-SITE, THAT'S THE TERM OF ART. I CANNOT ADVERTISE FOR WHATABURGER ON THE SAME PLACE WITH A SIGN SO WE ARE REGULATING CONTENT IN THAT

SENSE. >> GETTING RID OF ON PREMISE AND OFF PREMISE , THAT'S SOMETHING YOU CAN DO.

>> THIS IS THE DISCUSSION. THE PART OF THIS I AM STRUGGLING

WITH. >> WE HAVE CLEAR AUTHORITY FOR THE LOCATION , PLACEMENT, BRIGHTNESS AND PUBLIC SAFETY ASPECT, EVEN THE AESTHETICS ASPECT, THAT ABILITY. IF THERE IS A SIGN THAT MEETS SPACING, SIZE, ALL THE CRITERIA THAT A SIGN WOULD AND SHOULD WE BE SAYING WHAT'S ON THE SIGN?

>> UNDERSTAND WHAT YOU'RE SAYING. JUST SO I UNDERSTAND THE DIRECTION YOU'RE GOING. UNDERSTAND. SO I CAN UNDER THE , I GUESS THE DESTINATION OF THAT DISCUSSION POINT. WOULD THAT MEAN THERE WOULD NOT BE A LIST OF A LOT OF STREETS IF YOU HAVE A SIGN YOU CAN DO IT SO RIGHT NOW IS A SITE ON THE DOUBLETREE SO THEY CAN YOU OFF-SITE SO SOMEONE ACROSS THE STREET AT THE BEEHIVE CAN PUT UP ONE OR WHEREVER DOWNTOWN.

THAT REMOVES THE DOWNTOWN RESTRICTION, AS WELL BECAUSE IT IS THEIR PRIVATE PROPERTY. IS AT THE END DISCUSSION POINT?

>> WE DON'T GIVE UP THE RIGHT TO REGULATE THE AESTHETICS AND MAKE DISTINCTIONS LIKE RESTRICTIONS ON SIGNS IN RESIDENTIAL AREAS, I DON'T THINK IT IS ALL OR NOTHING. AS FAR AS PLACEMENT OR SIZE OR APPEARANCE. WE CAN REGULATE THAT. RIGHT ACROSS THE STREET FROM THE HOTEL IF BEEHIVE WANTS TO PUT UP A SIGN AND WE HAVE NOT LIMITED THAT AREA AND THIS IS NO SIGNS IN THE AREA WE DON'T LIKE SCIENCE THERE BECAUSE WE WANT IT TO FEEL LIKE THE OLD WEST OR WHATEVER THE RATIONALE IS, AS LONG AS IT APPLIES CONSISTENCY TO EVERYBODY IN THE AREA WE CAN MAKE THAT CHOICE. I DON'T THINK WE CAN MAKE THOSE RULES CASE-BY-CASE BECAUSE WE LOSE CREDIBILITY OR EQUITY BETWEEN INDIVIDUALS WHEN YOU PICK

WINNERS AND LOSERS. >> THAT'S NOT WHAT I'M TALKING ABOUT. IF WE PICK AN AREA AND SAY THIS IS A CULTURAL DISTRICT WHERE WE ARE LIMITING SIGNS , HOWEVER WE DEFINE THAT WE CAN DO THAT. BUT IF WE ALLOW THEM, I AM NOT CONVINCED THEN WE REGULATE WHAT IS ON THEM. THIS IS KIND OF A FIRST

AMENDMENT ISSUE. >> A VALID POINT, THERE IS A CASE OUT OF AUSTIN DEALING WITH WHETHER A CITY CAN REGULATE OFF-SITE VERSUS ON-SITE PREMISES. WAS THE TAKE AWAY

LEGALLY? >> SEVERAL YEARS BEFORE THEY SET THAT IS CONTENT AND THERE WAS A COUPLE YEARS LATER THEY SAID YOU CAN REGULATE OFF-SITE IT'S NOT CONTENT BASED THAT'S WHERE THE LINE IS, NOW WE CAN REGULATE OFF-SITE, NOT CONTENT , BUT WE CAN REGULATE WHERE YOU PLACE THE SIGN.

>> THIS IS HOW THE WHOLE SITUATION GENERATED FOR ONE BUSINESS OWNER DURING THAT PERIOD WAS UNCONSTITUTIONAL FOR THE CITY TO REGULATE ON PREMISE OR OFF PREMISE A BUSINESS OWNER ERECTED THESE MEDIA DISPLAYS ON A BUILDING OR TWO AND ADVERTISED OFF PREMISE , TOTALLY ALLOWED. NOW THE LAW SAYS YOU CAN DO IT IN THE ORDINANCE IS EFFECTIVE SO NOW IT'S LAWFUL AND THE ENFORCEMENT ORDINANCE ON THE RULE OF THE BOOKS , THIS PERSON HAS BEEN CAUGHT IN THE MIDDLE OF THAT AND IS FRUSTRATED AND THIS IS AN ATTEMPT TO ADDRESS THOSE POLICY QUESTIONS BROUGHT UP. MY PROFESSIONAL IS HAVING

[01:15:03]

REASONABLE ON PREMISE AND OFF PREMISE DISTINCTIONS CREATES ORDERLY GROWTH AND COMMERCE OPPORTUNITY. IF COUNCIL WANTS TO REMOVE THE ON PREMISE AND OFF PREMISE DISTINCTION , BEFORE THAT'S DONE I WOULD WANT TO GIVE STAFF OPPORTUNITY TO FULLY THAT WHAT THAT LOOKS LIKE IN A REGULATORY ENVIRONMENT , ENGAGE CURRENT CONSULTANTS FOR DRAFTING LAND DEVELOPMENT CODE AND SCIENCE ORDINANCE LANGUAGE ASSOCIATED WITH THE NEW LAND DEVELOPMENT CODE AND PROBABLY HAVE HEAVY DISCUSSIONS WITH THE BUSINESS COMMUNITY AND THE PUBLIC ABOUT WHAT IT IS THEY WOULD LIKE TO SEE. AT THIS POINT AND TIME I DO NOT HAVE WHETHER IT IS A GOOD OR BAD IDEA I JUST KNOW I DO NOT HAVE ENOUGH INFORMATION ON WHAT THAT MIGHT ACTUALLY LOOK LIKE WITH UNINTENDED CONSEQUENCES TO PROVIDE YOU ANY SORT OF PROFESSIONAL RECOMMENDATION. WE NEED TO GET

MORE INFORMATION. >> SO DIGITAL SIGNS ARE ALLOWED NOW. SO MAYBE I'M OVERSIMPLIFYING THIS. DIGITAL SIGNAGE IS ALLOWED SO THE DISCUSSION IS ABOUT ON PREMISE AND OFF PREMISE SO WE ARE TALKING, TO THE YATES POINT I AM HAVING TROUBLE GETTING MY HEAD AROUND WHAT HE DOES NOT CREATE ORDERLY GROWTH TO ALLOW A BUSINESS TO ADVERTISE FOR ANOTHER ON THE PROPERTY. THE SIGN IS THERE NO MATTER WHAT SO EITHER ON PREMISE OR OFF PREMISE I'M STRUGGLING TO GRABS WHERE THAT IS A BIG ISSUE.

>> I'M MORE WORRIED ABOUT THE PROLIFERATION OF THE SIGN. I THINK THERE COULD BE UNINTENDED CONSEQUENCE VISUALLY IN THE ENVIRONMENT. YOU DRIVE DOWN AND YOU GET SENSORY OVERLOAD DRIVING DOWN THE STREET. WE HAVE ALL BEEN ON THE STRIP IN VEGAS. NOT EVERYBODY HAS A LOT OF PEOPLE HAVE AND THERE'S A LOT GOING ON. DOES A GREAT UNSAFE DRIVING CONDITIONS? HOW MANY ACCIDENTS TO THE HAVE ON THE STRIP? I DON'T KNOW BUT I'M GUESSING IT'S HIGHER THAN BUTTERNUT BUT HAVE A LOT OF PEOPLE. I'M NOT PREPARED TO TELL YOU PROFESSIONALLY WHAT THE RECOMMENDATION IS. I THINK WE NEED MORE TIME TO RESEARCH.

IN THE MEANTIME WHAT STAFF HAS BROUGHT FORWARD IS A CONCEPT OF ADDRESSING THE IMMEDIATE QUESTION THAT SOME BUSINESS OWNERS ARE HAVING ABOUT OFF PREMISE ADVERTISING IN OTHER AREAS. THIS IS, AT THE END OF THE DAY THIS IS 100% A POLICY QUESTION. THERE IS NO RIGHT OR WRONG ANSWER. THE RIGHT ANSWER IS WHAT'S RIGHT FOR THE COMMUNITY? THERE'S PROBABLY SOME PROCESS TO GO THROUGH TO GAUGE WHAT IS RIGHT FOR THIS

COMMUNITY. >> I OBVIOUSLY UNDERSTAND WHAT YOU'RE SAYING, BUT THE SIGNS ARE ALREADY THERE. SO UNDERCURRENT ORDINANCE THERE COULD BE A CIRCUMSTANCE CREATED OR WE HAVE A MINIATURE STRIP RIGHT NOW BECAUSE OF THE WAY DIGITAL SIGNS ARE ALLOWED UNDER THE CURRENT ORDINANCE.

>> THAT IS CORRECT. ALTHOUGH TIM, I HAVE TO RELY UPON YOU FOR THIS ANSWER. CAN SOMEONE TAKE A POLE SIGN AND WALL SIGNS AND ALL OF THOSE LEGALLY ALLOWED , ADVERTISING AND CONVERT THOSE TO DIGITAL MESSAGING BOARDS?

>> WE JUST MEASURED THE LIABLE SQUARE FOOTAGE. SO THEY COULD BE TURNED INTO DIGITAL. SO TO ENTER YOUR POINT A BUSINESS

COULD ALL TO DIGITAL. >> I SHARE YOUR CONCERN WE DON'T WANT A STRIP DOWN THE MIDDLE OF TOWN AND ALL THOSE THINGS. IT SEEMS TO ME IF THE SIGNS ARE ALLOWED UNDERCURRENT ORDINANCE IF SOMEBODY WANTED TO INVEST THAT MONEY AND CONVERT ALL THEIR BILLBOARDS TALKING ABOUT ON PREMISE OR OFF PREMISE

PRIVATE PROPERTY. >> THAT SEEMS TO BE WITH THE

DISCUSSION IS BOILING DOWN TO. >> THEY HAVE TO MEET REQUIREMENTS. SO THE CONCERNS ARTICULATED ABOUT PROLIFERATION

OF SCIENCE COULD HAPPEN NOW. >> RIGHT NOW THERE IS NO INCENTIVE TO DO THAT. IF I OWN MY LAW FIRM BUILDING DOWNTOWN I DON'T HAVE INCENTIVE TO PUT A LARGE SCREEN ON THE SIDE OF MY BUILDING BECAUSE I CAN ONLY ADVERTISE MYSELF. IF THIS ALLOWS OFF-SITE KNOW EVERY BUSINESS OWNER FROM A COFFEE SHOP TO A LAW FIRM HAS INCENTIVE TO PUT A MAXIMUM SIZE

[01:20:02]

TO SIGN SO THEY CAN ADVERTISE OTHER BUSINESSES AND GENERATE EXTRA INCOME. FOR USING THE OFF-SITE RESTRICTIONS.

>> THAT'S A GOOD POINT. >> SHOULD THE PROPERTY OWNER BE

ABLE TO DO THAT? >> FOR CLARIFICATION. TODAY, IT'S A GOOD DISCUSSION, I AM COMFORTABLE WITH WHAT STAFF IS PROPOSING TODAY, IT IS A GOOD STEPPINGSTONE, DOWN THE ROAD IF YOU WANT TO SAY WE DON'T WANT TO REGULATE THIS AT ALL WE CAN KIND OF TAKE THAT STEP. THIS IS A GOOD STEPPINGSTONE TO THAT WE SAY LET'S SEE HOW THIS WORKS IN OTHER AREAS, THERE IS CONCERN FROM BUSINESS OWNERS DOWNTOWN SO RECOGNIZING THAT CONCERN AND HAVING THE EXCEPTION , FAIR ENOUGH. IF IT TURNS OUT THESE BUSINESS OWNERS DOWNTOWN REALLY WANT THE ADVERTISING BECAUSE THEY SEE A LOT OF REVENUE OR GROWTH OR IT'S BEEN A GOOD THING FOR SODA OR BUTTERNUT, WE CAN ALWAYS REMOVE THE EXCEPTION NEXT YEAR OR FIVE YEARS FROM NOW AND THEN ACROSS THE BOARD IT'S ALL THE SAME. RIGHT NOW SODA AND ONE OF A LOT OF PLACES WANTED SO I AGREE NORTH DOWNTOWN IS OPPOSED SO I'M GOOD WITH THE EXCEPTION.

>> WE HAVE THE ABILITY TO REGULATE WHERE THIS HAPPENS.

ZONING REGULATIONS, BRIGHTNESS AND SIZE AND ALL THAT KIND OF STUFF. I AM LESS CONVINCED WE SHOULD BE TELLING PEOPLE THE SIGN IS ALLOWED BY RULE BY ZONING ORDINANCE WHAT THEY CAN PUT ON IT. THAT'S WHERE MY STRUGGLE IS.

>> I THINK IT'S FAIR TO TAKE THAT AWAY FROM THIS DISCUSSION AND LET STAFF GO BACK AND LOOK AT HOW DO WE CRAFT A RULE THAT GOVERNS PLACEMENT AND APPEARANCE, NOT CONTENT BECAUSE WHEN WE TALK ON-SITE AND OFF-SITE WE ARE LIMITING CONTENT. I THINK FOR ME IT HAS A REAL FIRST AMENDMENT IMPLICATIONS. I AM NOT ON BOARD WITH THAT, BUT THAT'S NOT TO SAY WE SHOULDN'T TAKE A CLOSE LOOK AT HOW TO RECRAFT THIS TO ALLOW WHATEVER CONTENT THE PRIVATE PERSON MONTHS , BUT STILL MAINTAIN THE APPEARANCE AND I THINK THAT'S A DIFFICULT QUESTION AND STAFF DESERVES A LITTLE TIME TO LOOK AT THAT AND MAYBE LOOK AT OTHER SITUATIONS IN OTHER CITIES IF THIS HAS

BEEN TRIED. >> DO YOU KNOW IF THERE ARE MAJOR CITIES THAT HAVE ZERO RESTRICTION ON OFF-SITE VERSUS ON-SITE ADVERTISING OR THIS IS WAY OUT IN SOME NEW LAND OR WE

ARE NORMAL? >> I'VE NOT HEARD OF ONE THAT DID NOT HAVE REGULATIONS. THAT DOES NOT MEAN THERE IS NOT ONE.

>> SAN ANGELO REPEALED THAT SECTION OF THE CODE WHEN THE DISTRICT COURT SAID THIS IS ILLEGAL AGAIN SUPREME COURT SAID NO YOU CAN'T REGULATE, WHETHER WE SHOULD SEEMS TO BE THE POLICY DISCUSSION. WE KNOW BIG COUNTRY COMMUNITY HAS DONE THAT. I THINK THEY ARE STILL GOOD THE WORLD HAS NOT STOPPED TURNING. WHAT I WANT TO MAKE SURE WE DO IS GATHER RESOURCES FOR COUNCIL. WE CAN EVEN WORK WITH PARTNERS FROM THE LAND DEVELOPING CODE TO MAYBE DRAFT SOMETHING SO IT'S MORE THAN AN IDEA. YOU CAN SEE IF THIS IS THE DIRECTION COUNCIL WANTS TO GO AND IT'S NOT JUST THE DISTINCTION HERE IS WHAT IT MIGHT LOOK LIKE. IT COULD BE YOU WANT TO REGULATE THE NUMBER OF SIGNS MORE THAN WE DO NOW SO YOU DON'T CREATE 15 OPPORTUNITIES ON THE SIDE OF A BALL FOR THIS. ALL OF THOSE THINGS NEED TO BE, WE CAN LOOK AT AND I THINK WE HAVE THE PEOPLE WHO CAN HELP TO DO THAT AND DO IT VERY WELL. SO AGAIN I AM ASKING OF COUNCIL IF THAT'S THE DIRECTION YOU WANT US TO GO, GIVE US A LITTLE TIME TO BRING SOMETHING BACK THAT MAY

BE ABLE TO COMPASS THAT. >> WHAT'S THE TIMEFRAME ?

>> IF YOU ASK NICHOLS THEY THINK THEY'RE READY TO GO ALMOST BUT THE REVIEW COMMITTEE COMPRISED OF REALTORS AND ENGINEERS AND MEMBERS OF THE BUSINESS COMMUNITY HAVE QUESTIONS THERE WORKING THROUGH AND I WANT TO GIVE THEM THE OPPORTUNITY AND SPACE AND OXYGEN TO HELP SHAPE THE ORDINANCE SO IT IS REFLECTIVE OF THE VALUES OF THE COMMUNITY.

[01:25:03]

IF WE MADE A MISTAKE THE LAST TIME WE DO THIS, WE RUSHED THE PROCESS SO I HAVE NOT WEIGHED IN ON THIS BUT MY DIRECTION TO THEM IS TAKE AS LONG AS IT TAKES TO MAKE SURE WE HEAR THE BUSINESS COMMUNITY AND LISTEN TO TECHNICAL ADVISORS SO WHEN WE GET TO THE ADOPTION WE CAN HAVE A SMOOTH ADOPTION PROCESS THAT DOES NOT TAKE A YEAR TO GET THE ORDINANCE PASSED.

>> I STRUGGLE WITH DISTINGUISHING OFF-SITE AND ON-SITE IF WE ALLOW THEM TO HAVE A SIGN I CAN UNDERSTAND ECONOMIC IMPACT THAT HAS ON POTENTIAL OF QUICK ADOPTION OR GROWTH OF SIGNS IF THERE IS ECONOMIC INCENTIVE BY OFF-SITE, BUT IT IS THEIR PROPERTY AND IT IS IN MY VIEW THEIR RIGHT. SO I WOULD LIKE TO SEEK TO LOOK AT HOW WE ADDRESS THAT IN THE LDC IN A WAY THAT WE DO NOT CREATE A STRIP EFFECT. BUT STILL ALLOWING PEOPLE TO USE THEIR REPARTEE AS THEY WANT TO.

>> I THINK WE CAN SEE THIS AREA, NO SIGNS. IT'S A CULTURAL DISTRICT OR A BUSINESS DISTRICT. WE CAN SAY NO SIGNS IN CERTAIN AREAS, BUT IF WE ALLOW SIGNS AND WAS CONFIDENT WE CAN SAY WHAT IS ON IT OR SHOULD.

>> THE ITEM BEFORE US TODAY, I AGREE, I SUPPORT WHAT WAS DONE AND I APPRECIATE THE TIME YOU SPENT ENGAGING THE COMMUNITY, GETTING DIRECTION SO WE HAVE AN IDEA OF WHAT THE NORTH DOWNTOWN IS COMFORTABLE WITH VERSUS SOUTH. RECOGNIZING THAT DISTINCTION AND ADOPTING THE CHANGE. I KNOW WE ARE NOT VOTING ON THIS, BUT THIS IS A RECOMMENDATION THAT WE WANT THIS TO BE ON A FUTURE AGENDA AND I SUPPORT MOVING IN THAT

DIRECTION. >> IS AT THE BALANCE OF COUNCIL ATTENTION FOR STAFF TO START MOVING THE LANGUAGE IN THIS DRAFT PROPOSAL THROUGH THE PLANNING AND ZONING TO COME

BACK TO COUNCIL FOR ADOPTION? >> YES.

>> CAN ASK ONE LAST QUESTION ON CLARIFICATION? AREA LIMITED 50 SQUARE-FEET ON CERTAIN STREETS. IS IT ONE PER BUILDING?

>> ONE PER PARCEL. >> THAT WOULD BE IN THE ORDINANCE SO YOU CAN PUT 10 TVS ON THE SIDE OF ONE WALL.

>> WE INTENTIONALLY DID IT THAT WAY ON PURPOSE AND WE HAVE A HEIGHT RESTRICTION SO WE ARE NOT GLARING INTO BACKYARDS AND

RESIDENTIAL AREAS. >> YOU MAY HAVE TO PUT THAT IN

THE ORDINANCE. >> SOME PEOPLE STRING MULTIPLE PANELS TOGETHER TO CREATE ONE GIGANTIC SCREEN. IS THAT ONE

SIGN OR 12? >> THAT IS LIMITED TO THE 50

SQUARE-FEET. >> ONE OTHER THING, I LIKE ON THE WACO THING, POSTING ON THERE FOR WHO CAN TURN IT OFF IF THERE IS MALFUNCTION THAT'S A GOOD THING TO HAVE TOO.

>> ALSO IF IT'S TOO BRIGHT AND THEY NEED TO DIM IT DOWN.

>> IT IS , THERE'S A METER , WE WILL HAVE TO GET ONE. A LITTLE HANDHELD DEVICE THAT YOU WILL GO OUT AND MEASURE AND CONVERT IT INTO LUMENS. THAT IS SOMETHING WE HAVE TO LOOK INTO.

>> TYPICALLY USE AT THAT TO THE SOFTWARE THAT RUNS THE BOARD. I DON'T KNOW IF ALL OF THEM ARE CALIBRATED THE SAME WAY.

>> DO WE HAVE PEOPLE WHO GO OUT. IF WE GET A COMPLAINT FOR THE CITY RECEIVES COMPLAINT DO WE SEND SOMEONE OUT AT NIGHT WITH A METER TO SEE IF IT'S TOO BRIGHT?

>> THE FEW TIMES THAT HAS HAPPENED, FOR EXAMPLE THERE WAS A NEW DIGITAL MESSAGE BOARD THAT ADVERTISED.

>> I REMEMBER THAT. >> IT WOULD WAKE THE ON. WE HAD A COUPLE PHONE CALLS WITH THE OWNERS AND THEY WERE ABLE TO ADJUST IT. AS FAR AS THE WE HAVE THESE METERS, I DON'T BELIEVE WE HAVE ANY AT THIS TIME. WE WILL HAVE TO PURCHASE

THEM. >> ESPECIALLY IF THIS BECOMES A

LARGER OPPORTUNITY. >> WE ARE IN AGREEMENT AND I ENCOURAGE ANYONE THAT THINKS OF ANYTHING AFTER THIS TO EMAIL ROBERT. I THINK WE GOOD DISCUSSION.

[EXECUTIVE SESSION]

>> THANK YOU. >> NOW 10:00 A.M. AND WE WILL HE SAYS TO EXECUTIVE SESSION PURSUANT TO THE OPEN MEETINGS ACT SECTION 551.071 CONSULTATION WITH ATTORNEY.

SECTION 551.072 DELIBERATION OF PROPERTY SECTION 551.073

[01:30:04]

DELIBERATION ABOUT GIFTS AND DONATIONS, SECTION 551.074 PERSONAL MATTERS, SECTION 551.076 DELIBERATION ABOUT SECURITY DEVICES, SECTION 551.087 DELIBERATIONS ABOUT BUSINESS PROSPECTS AND ECONOMIC DEVELOPMENT.

[RECONVENE]

>>> IT IS NOW 10:3 A.M. AND WE RECONVENE IN OPEN SESSION, NO VOTES OR ACTIONS WERE TAKEN DURING EXECUTIVE SESSION. IT IS STILL 10:33 A.M. AND THIS MEETING OF THE ABILENE CITY COUNCIL IS ADJOURNED.

* This transcript was compiled from uncorrected Closed Captioning.