Oct 08, 2020 City Council

[CALL TO ORDER]

[00:00:03]

>>> GOOD MORNING. I QUILL NOW CALL THIS MEETING IN ABILENE CITY COUNCIL TO ORDER. IT IS 8:31 A.M. ON OCTOBER 8TH, 2020.

I ASK MAYOR DEPUTY PRO-TEM ALBUS TO LEAD US IN THE PRAYER.

[INVOCATION]

>> DONNA ALBUS: LORD, THERE ARE SO MANY TO PRAYER FOR TODAY.

PLEASE HELP THOSE WHO LOST THEIR LIVES AND PROPERTIES. IN THE THOUSANDS OF WILDFIRES AND BURNING 8 MILLION ACRES. THE PEOPLE ALONG THE COASTLINE THAT HAVE BEEN -- ENDURED 12 HURRICANES AND 25 NAMED STORMS NEED YOUR HELP AS WELL. PLEASE PLACE YOUR HEALING HAND ON THE GRIEVING FAMILIES OF THE COVID-19 VICTIMS LOCALLY, STATEWIDE, NATIONALLY AND THROUGHOUT THE WORLD. HOLD THE HAND OF ALL THOSE SUFFERING FROM BREAST CANCER.

LASTLY, THANK YOU AGAIN FOR ALLOWING US TO LIVE IN ABILENE, TEXAS.

WE ARE BLESSED HERE AND CONTINUE TO TOUCH OUR HEARTS AND MINDS AS WE LIVE PEACE BELLY TOGETHER. THE THREE MUSKETEERS SAID IT BEST, ALL FOR ONE.

ONE FOR ALL. AMEN. PLEASE JOIN US IN THE PLEDGE.

[PLEDGE TO THE UNITED STATES FLAG AND THE TEXAS FLAG]

AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDERGOD INDIVISIBLE, WITH LIBERTY AND

JUSTICE FOR ALL. >> DONNA ALBUS: AND NOW THE TEXAS PLEDGE.

>> HONOR THE TEXAS FLAG. I PLEDGE ALLEGIANCE TO TTH EE TEXAS.

ONE STATE UNDERGOD, ONE INDIVISIBLE.

>> AS Y'ALL CAN SEE, THE MAYOR IS NOT HERE TODAY, AND AS ALWAYS -- HELLO? HELL -- HELLO? THERE IT IS. THANK YOU.

[2. Proclamations:]

WE DO WANT TO RECOGNIZE SOME PEOPLE TODAY. AND SO FIRST THE GROUP WITH NATIONAL DISABILITY EMPLOYMENT AWARENESS MONTH. ARE THEY HERE?

LEAH? COME AND JOIN ME. >> GOOD MORNING.

>> THE CITY OF ABILENE, TEXAS, OFFICE OF THE MAYOR TO ALL WHOM THESE PRESENT SHALL COME GREETINGS NOT ONLY THIS PROCLAMATION IS PRESENTED IN RECOGNITION OF NATIONAL DISABILITY EMPLOYMENT AWARENESS MONTH. WORKPLACE IS WELCOMING OF ALL OF THE TALENTS OF ALL PEOPLE INCLUDING PEOPLE WITH DISABILITIES ARE A CRITICAL PART OF OUR EFFORTS TO BUILD AN INCLUSIVE COMMUNITY AND STRONG ECONOMY.

IN THIS SPEEFORT THE CITY OF ABILENE IS RECOGNIZING NATIONAL DISABILITY EMPLOYMENT AWARENESS MONTH TO RAISE AWARENESS ABOUT DISABILITY EMPLOYMENT ISSUES AND CELEBRATE THE MANY AND VARIED CONTRIBUTIONS OF PEOPLE WITH DISABILITIES.

ON BEHALF OF THE MAYOR AND ON BEHALF OF THIS CITY COUNCIL I AM PLEASED TO PROCLAIM OCTOBER 20TH -- OCTOBER 2020 AS NATIONAL DISABILITY EMPLOYMENT AWARENESS MONTH, AND -- IN OUR CITY AND ASK EMPLOYERS, SCHOOLS AND OTHER COMMUNITY ORGANIZATIONS TO JOIN WITH ME IN RECOGNIZING THIS MONTH WITH PROGRAMS AND ACTIVITIES THAT ADVANCE ITS IMPORTANT MESSAGE THAT PEOPLE WITH DISABILITIES ARE EQUAL TO THE TASK THROUGHOUT THE YEAR. WOULD YOU LIKE TO SAY SOMETHING?

>> THANK YOU, CITY COUNCIL, FOR THIS HONOR. JUST WANT TO TELL YOU MANY THANKS FOR YOUR COMMITMENT IN CREATING A COMMITTEE MADE UP OF PEOPLE WITH DISABILITIES.

ONE OF THE THINGS I TELL PEOPLE ABOUT CENTERS FOR INDEPENDENT LIVING IS THAT WE'RE GOVERNED BY THE PEOPLE WE SERVE. WE GREATLY APPRECIATE THIS HONOR AND WE WILL CONTINUE OUR COMMITMENT ALONG WITH YOU TO EMPLOY PEOPLE WITH

DISABILITIES. >> THANK YOU SO MUCH. WE'LL HAVE A PHOTO OP.

THANK YOU. [APPLAUSE]. NEXT IS NATIONAL PHYSICAL

[00:05:10]

THE CITY OF ABILENE TEXAS OFFICE OF THE MAYOR, TO ALL WHOM THESE PRESENT SHALL COME GREETINGS KNOWING THIS PROCLAMATION IS PRESENTED IN HONOR OF NATIONAL PHYSICAL THERAPY MONTH. THE AMERICAN PHYSICAL THERAPY ASSOCIATION HAS DESIGNATED THE MONTH OF OCTOBER AS NATIONAL PHYSICAL THERAPY MONTH TO RECOGNIZE THE IMPACT THAT PHYSICAL THERAPISTS MAKE IN RESTORING AND IMPROVING MOTION IN PEOPLE'S LIVES.

THROUGH ON GOING EDUCATION, RESEARCH AND PHYSICAL THERAPY PRACTICE, PHYSICAL THERAPISTS ARE ABLE TO PREVENT DISEASE, PROMOTE GOOD HEALTH, REDUCE PAIN AND ENHANCE THE QUALITY OF LIFE OF COUNTLESS INDIVIDUALS. ON BEHALF OF THE MAYOR AND THE CITY COUNCIL I AM HONORED TO RECOGNIZE THE MANY PHYSICAL THERAPISTS WHO ON A DAILY BASIS DEDICATE THEIR TIME AND TALENT FOR CARING FOR THE PHYSICAL HEALTH OF THE CITIZENS OF OUR CITY. I AM PLEASED TO PROCLAIM IN THE CITY OF ABILENE, THE MONTH OF OCTOBER 2020 NATIONAL PHYSICAL THERAPY MONTH. [APPLAUSE].

>> THANK YOU FOR THE OPPORTUNITY TO SERVE ABILENE AND THE AREA.

WE TAKE PRIDE IN EDUCATING STUDENTS THAT NOT ONLY SERVE LOCALLY HERE, BUT THEY GO TO THE STATE LEVEL, THE NATIONAL LEVEL AND INTEREST NATIONALLY.

AND INTERNATIONALLY. WE THANK YOU FOR THE OPPORTUNITY AND THE

RECOGNITION. >> AND WE ARE REALLY EXCITED THAT WE HAVE SO MANY PHYSICAL THERAPISTS THAT GET THEIR EDUCATIONS HERE AND HONORED TO HAVE THESE STUDENTS HERE IN ABILENE. THANK Y'ALL. EMERGENCY NURSES WEEK.

DO WE HAVE SOME EMERGENCY NURSES? WE ALL KNOW NURSES ARE IMPORTANT, BUT EMERGENCY NURSES, I MEAN, THEY ARE DEFINITELY VITAL AND WE ARE SO GLAD ARE YOU HERE AND ARE GOING TO RECOGNIZE Y'ALL. CITY OF ABILENE OFFICE OF THE MAYOR TO ALL TO WHOM THESE PRESENT SHALL COME, GREETINGS KNOWING THIS PROCLAMATION IS IN RECOGNITION OF EMERGENCY NURSES WEEK. THE WEEK OF OCTOBER 11TH TO THE 17TH, 2020 HAS BEEN DECLARED EMERGENCY NURSES WEEK WITH A SPECIAL FOCUS ON OCTOBER 14TH FOR EMERGENCY NURSES DAY TO RECOGNIZE THE EMERGENCY NURSES WHO ENRICH OUR LIVES AND THE WORLD WE LIVE IN. WE JOIN TOGETHER TO HONOR THE EXTRAORDINARY ARTS OF THE COMPASSION AND THE COMMITMENT THAT EMERGENCY NURSES PROVIDE TO PATIENTS EVERY DAY. EMERGENCY NURSES ARE HIGHLY TRAINED TO RECOGNIZE LIFE-THREATENING PROBLEMS AND SOLVE THEM ON THE SPOT PLAYING A VITAL ROLE IN TREATING PATIENTS IN EMERGENCY SITUATIONS, CARING FOR THOSE MOST IN NEED AND SAVING LIVES ON A DAILY BASIS. ON BEHALF OF THE MAYOR OF ABILENE, I AM HONORED TO RECOGNIZE OUR MANY EMERGENCY NURSE PROFESSIONALS WHO ON A DAILY BASIS SELFISHLY PROVIDE COMPASSIONATE, QUALITY CARE. I AM PLEASED TO PROCLAIM IN THE CITY OF ABILENE, OCTOBER 11TH THROUGH 17TH, 2020 EMERGENCY NURSES WEEK.

[APPLAUSE]. >> THANK YOU, ABILENE. AND WE ARE SO PROUD TO SERVE THE TAYLOR COUNTY AND THE SURROUNDING COUNTIES. WE CERTAINLY HAVE A GROUP OF EXCELLENT NURSES THAT DO PUT THEIR LIVES ON THE LINE EVERY SINGLE DAY TO HELP AND SAVE THE LIVES OF OTHER PEOPLE. WE APPRECIATE THEM ON BEHALF OF THE STAFF OF ABILENE REGIONAL MEDICAL CENTER AND BROWNWOOD MEDICAL CENTER WE ACCEPT THIS AWARD WITH HONOR.

OUR GOAL IS TO STRIVE TO GIVE EXCELLENT AND COMPASSIONATE CARE CONSISTENT WITHIN THE MINISTRY OF JESUS CHRIST, AND WE THANK YOU ALL. [APPLAUSE].

>> THANK Y'ALL. IT IS REALLY, REALLY NICE WHEN WE GET TO RECOGNIZE

[3. Presentation:]

[00:10:07]

>> THANK YOU. IF I CAN GET CHARLES SAWYERS TO JOIN ME UP HERE, PLEASE.

CHERYL GREW UP IN ABILENE, TEXAS AND GRADUATED FROM ABILENE HIGH SCHOOL IN 2000 WHICH MAKES HER MUCH YOUNGER THAN I AM. SHE IS MARRIED TO JASON SAWYERS WHO AT THE TIME WAS AN ACTIVE DUTY CAPTAIN WHO IS NOW RETIRED FROM THE UNITED STATES AIR FORCE AND SERVES AS THE LEADER OF THE JUNIOR ROTC PROGRAM AT COOPER HIGH SCHOOL. HE WAS IN SERVICE FOR 23 YEARS SECURITY FORCES OFFICER.

THEY HAVE FOUR CHILDREN, LOGAN, LORI, LANEY AND LAUREN, ALL OF WHICH ARE ON DIFFERENT CAMPUSES IN THE WILEY SCHOOL DISTRICT. LOGAN IS 16 AND SOCCER PLAYER AND BAND. LORI, AN ACCOMPLISHED GYMNAST AND THE JUNIOR HIGH BAND.

LANEY, 11, LOVES BEING PART OF THE ART, THEATER AND STEM PROGRAMS AND TAKING CHEER CLASSES AND LAUREN WHO IS 6 IS FREQUENTLY CHANGING HER MIND BETWEEN DANCE AND GYM NAYS STKS. GYMNASTICS. TO TOP IT OFF THEY HAVE THREE DOGS. THEY REALLY HAVE FOUR, BUT WE'LL GIVE THAT A SECOND.

THREE DOGS A SPRINGER SPANIEL, A BEAGLE AND A ONE-EYED GOLDEN RETRIEVER AND FROM TIME TO TIME WATCH A WHITE BULLDOG NAMED RALPH. JASON SPENT APPROXIMATELY SIX OF HIS 18 YEARS OF MARRIAGE DEPLOYED AND GEOGRAPHICALLY SEPARATED FROM CHERYL AND HER CHILDREN. SHE IS A FULL TIME EMPLOYEE AND MOTHER AND EMERGED WITH COMMUNITY PROGRAMS AND ACTIVITIES AND DID ALL OF THIS WHILE CAPTAIN SAWYERS WAS DEPLOYED AND LIVED IN SAN ANTONIO FIVE DAYS A WEEK THESE LAST TWO YEARS OF ACTIVE DUTY. HER DEDICATION TO THE STATE, AIR FORCE AND HER FAMILY IS UNPARALLELED. THIS WAS RECENTLY RECOGNIZED BY THE GOVERNER OF THE STATE OF TEXAS. GOVERNER GREG ABBOTT COMMISSIONED HER YELLOW ROSE OF TEXAS. IT IS AN HAHN -- HONORARY TITLE GIVEN TO TEXAS WOMEN WHO EXHIBIT A STRONG COMMUNITY LEADERSHIP AND COMMUNITY SUPPORT.

SO YOU MAY HAVE SOME THINGS TO SAY. >> I CAN'T THANK -- THINK OF ANYONE MORE DESERVING WHO GIVES TIME AND EFFORT NOT ONLY TO THIS CITY, BUT TO THE COMMUNITY AND THE SCHOOL SYSTEM AND EVERYTHING. YOUR UNDYING MOTIVATION HELPS US ALL EVERY DAY AND THIS IS SO DESERVING. I WANT TO READ THIS.

TO ALL WHOM THESE PRESENT -- PRESENCE SHALL COME, GREETINGS KNOW THAT CHERYL SAW YESES -- SAWYERS IS COMMISSIONED A YELLOW ROSE OF TEXAS UNDER THE LAWS OF THE STATE OF TEXAS WITH ALL RIGHTS, PRIVILEGES AND MOMENTS PERTAINING TO SAID OFFICE.

TESTIMONY WHEREOF I SIGN MY NAME AND CAUSE THE SEAL OF THE STATE OF TEXAS TO BE AFFIXED AT THE CITY OF AUSTIN THIS 16TH DAY, MARCH 2020, GOVERNOR GREG ABBOTT.

CHERYL, CONGRATULATIONS. [APPLAUSE]. I THINK THERE IS ANOTHER

PRESENTATION. >> IT IS AN HONOR TO SERVE, AND IT HAS BEEN AN HONOR TO SERVE NEXT TO MY SPOUSE FOR THE LAST 20 YEARS THAT I HAVE BEEN A PART OF HIS LIFE.

IF IT WEREN'T FOR HIS DEDICATION TO SERVICE -- I'M SORRY.

I'M CRYING. IF IT WEREN'T FOR THE DEDICATION HE HAD IN HIS SERVICE TO OUR COUNTRY, I WOULD NOT HAVE BEEN PUT IN MANY OF THE SITUATIONS WHERE I WOULD HAVE BEEN ALLOWED TO STAND IN THE GAP FOR MANY OF THE SPOUSES OF OUR MILITARY AND ALSO FOR OUR CITY HERE. THAT'S ALL I'M GONNA SAY. THANK YOU.

[APPLAUSE]. >> CONGRATULATIONS, CHERYL. >> THANK YOU.

[00:15:03]

>> WHERE ARE Y'ALL GOING? THE FUN IS ABOUT TO START. WE WILL NOW MOVE TO THE

[CONSENT AGENDA]

AGENDA. >> SO MOVED. >> SECOND.

>> WE HAVE A MOTION BY COUNCILMAN MCALISTER AND A SECOND BY CON SAID MAN --

COUNCILMAN PRICE. IS THERE ANY DISCUSSION? >> MAC ALICE SISTER.

>> YES. >> COUNCILMAN CRAVER. >> HURT.

>> YES. >>AL BASS. >> YES.

>> PRICE? >> YES. >> RETZ AND WILLIAMS IS ABSENT

SO MOTION CARRIES. >> MOTION CARRIES. WE WILL NOW MOVE TO ITEM 9 AND

[9. Ordinance (Final Reading): Receive a Report, Hold a Discussion and Public Hearing, and Take Action to Change the Time Limits and Metered Parking Zones for Downtown Parking (Greg McCaffery)]

>> GOOD MORNING, COUNCIL, GREG MCCAFFREY -- GREG MCCAFFERY, PUBLIC WORKS.

YOU HAVE BEFORE YOU A REQUEST FROM THE MAYOR'S DOWNTOWN TASK FORCE WHERE THEY ARE LOOKING FOR THE CITY TO AMEND ITS DOWNTOWN PARKING REGULATIONS THAT ARE FOUND WITHIN THE CITY CODE. THE AREA IS BOUNDED -- I'M GONNA SKIP A SLIDE HERE.

I JUST NARRATE SO THE PUBLIC CAN SEE THE MAP WE ARE TALKING ABOUT.

THE AREA IS BOUNDED BY NORTH FIRST STREET, NORTH 6TH AND ALL THE WAY TO THE -- WE'RE GONNA CALL THIS AS FAR AS EAST ON WALNUT AND BOUNDED AS FAR AS -- ALL THE WAY AS FAR AS TO THE WEST, AS FAR AS -- LOST MY TRAIN OF THOUGHT.

8 POLL. >>. APOLOGIZE.

I AM GOING BACK TO THE BEGINNING OF THIS PROGRAM, BUT I WANTED INDIVIDUALS TO BE ABLE TO SEE THE AREA WE WERE TALKING ABOUT. WE BASICALLY CALL THIS THE CENTRAL DOWNTOWN AREA. WHAT HAS OCCURRED IS THE MAYOR'S TASK FORCE HAS MET SEVERAL TIMES OVER THE LAST YEAR. THEY HAVE COME FORTHWITH A NUMBER OF RECOMMENDATIONS. ONE OF THEM WAS TO LOOK AT AS FAR AS THE PARKING SWAIKS IN THE DOWNTOWN -- SITUATION IN THE DOWNTOWN AND WE ARE WORKING ON ANOTHER PROGRAM TO EXPAND THE NUMBER OF PARKING STALLS THAT WILL BE FORTHCOMING IN THE NEAR FUTURE AS WE MOVE FORWARD WITH THE CENTRAL BUSINESS DISTRICT CONCRETE PROJECT.

WE ARE HOPING TO COME FORWARD EVENTUALLY WITH A RESTRIPING PLAN WHICH YOU ALL HAVE SEEN.

THIS IS SORT OF SEGUEING INTO THAT WHERE THEY HAVE A RECOMMENDATION TO BASICALLY CHANGE MANY OF THE PARKING IN THE DOWNTOWN AREA FROM ONE HOUR TO TWO HOURS AS WELL AS REMOVAL -- REMOVING SOME AREAS. PREDOMINANTLY THE ONE HOUR BEING RECOMMENDED WOULD BE PROPOSED AROUND THE POST OFFICE, THE BLOCK IMMEDIATELY ADJACENT TO THE POST OFFICE ON THREE SIDES THERE. THIS IS A SUMMARY TABLE OF WHAT THE EXISTING PARKING LIMITS AND PARKING METER ZONES AND PARKING METERS BEING LOCATED IMMEDIATELY ACROSS FROM THE POST OFFICE. THE RECOMMENDATION WITH THIS PROPOSAL IS TO REMOVE THOSE PARKING METERS AND WILL STALL AS FAR AS THE ONE-HOUR PARKING IMMEDIATELY IN FRONT OF THE POST OFFICE, BUT MANY OTHER AREAS TO TWO-HOUR PARKING.

A PICTURE IS WORTH A THOUSAND WORDS AND THIS SHOWS YOU BETTER WHAT IS IN OUR ORDINANCE AND HOW DOES THIS PARKING LOOK? YOU CAN SEE WE HAVE A NUMBER OF DIFFERENT TYPES OF LIMITS THROUGHOUT THE DOWNTOWN CENTRALIZED AREA.

THE RECOMMENDATION BY THE MAYOR'S TASK FORCE IS TO REDUCE THESE SO WE HAVE A MORE UNIFIED-TYPE SITUATION WHERE WE HAVE 2-HOUR PARKING PREDOMINANTLY THROUGH MUCH OF THE AREA. AND AS I NOTED IN THE POST OFFICE WE HAVE ONE-HOUR PARKING. WE HAVE ELIMINATED THE AREAS AND WE HAVE ALSO ELIMINATED A SMALL PORTION IN THE LEFT HAND CORNER THERE WHERE THE NEW HOTEL WOULD GO.

WE HAVE AN AREA THERE THAT WE WOULD BE LOOKING AT CHANGING THAT OR ELIMINATING THE

[00:20:02]

COUNCIL MAY HAVE. >> THANK YOU, MR. MCCAFFERY.

DOES ANYBODY HAVE ANY QUESTIONS ? >> WHY ARE THE CEDAR APARTMENTS -- TELL ME AGAIN WHY THEY ARE REQUESTING THE REMOVAL?

>> SURE. >> DID I JUST MISS IT? >> THEY ARE DOING IT BECAUSE THOSE WERE NOT APARTMENTS BEFORE MR. WOLF CONVERTED THE OFFICES INTO APARTMENT UNITS.

AS WE KNOW PARKING IN DOWNTOWN IS A PREMIUM, AND HAVING -- NOT HAVING A FINAL -- A TIMELINE IN FRONT OF THE APARTMENTS WOULD ALLOW FOR GUESTS WITHOUT GETTING A

PARKING TICKET. >> ANY OTHER QUESTIONS FROM THE COUNCIL? AT THIS TIME I OPEN UP THE PUBLIC HEARING. IS THERE ANYONE WHO WOULD LIKE TO SPEAK EITHER FOR ORGANS THIS EYE -- OR AGAINST THIS ITEM? COME FORWARD AND GIVE YOUR NAME FOR THE RECORD. SEEING NO ONE, I CLOSE THE PUBLIC HEARING. DOES COUNCIL HAVE ANYMORE QUESTIONS?

>> I WOULD LIKE TO MAKE A MOTION TO APPROVE THE RECOMMENDATION FROM THE DOWNTOWN TASK FORCE WITH THE MODIFICATION FROM CEDAR APARTMENTS.

>> SECOND. >> THERE IS A MOTION AND A SECOND.

DO YOU UNDERSTAND THAT? >> YES. >> ANY FURTHER DISCUSSION?

WE ARE READY TO VOTE. >> COUNCIL MEMBER PRICE? >> YES.

>> RENTZ IS ABSENT. MCALISTER? >> YES.

>> CRAVER? >> YES. >> MAY WILLIAMS IS ABSENT.

HURT? >> YES. >> AL -- ALBAS?

>> YES. >> MOTION CARRIES. >> AND WE MOVE TO ITEM 10.

WE WILL HAVE TO PULL THIS ITEM BECAUSE WITH THE AMOUNT OF OPPOSITION IT WOULD REQUIRE A SUPER MAJORITY VOTE SO THIS ITEM WILL BE PULLED AND RECONSIDERED ON OCTOBER 22ND.

IS THAT CORRECT? DO I NEED TO ADD ANYTHING? >> THAT'S CORRECT.

>> WE WILL NOW MOVE TO ITEM 11 AND I ASK MY COURT DIRECTOR OF PLANNING AND DEVELOPMENT

[11. Ordinance (Final Reading) Z202013: Receive a Report, Hold a Discussion and Public Hearing, and Take Action on a request from Denise Dilliard Rister and Jerry Lynn Rister to rezone property from General Commercial (GC) to General Retail (GR) District (Mike Warrix)]

SERVICE TO PRESENT THIS ITEM. >> THANK YOU, MAYOR PRO TEM AND MEMBERS OF THE CITY COUNCIL. THIS IS THE FIRST OF TWO RATHER STRAIGHT FORWARD REZONE REQUESTS. THIS IS SCR-2020-13. THE OWNERS OF DENISE DILLARD AND JERRY AND IT IS TO REZONE A PIECE OF PROPERTY FROM GENERAL COMMERCIAL TO GENERAL RETAIL. NOTIFICATION WAS SENT OUT RESULTED IN TWO NOTICES IN FAVOR OF THE REQUEST AND ZERO OPPOSITION. PLANNING AND ZONING PURPOSE

CODE TO DASH -- >> TWO IN OPPOSITION. >> THANK YOU SHANE.

I STAND CORRECTED. PLANNING AND ZONING HEARD THIS CASE IN SEPTEMBER, AND THEY ARE RECOMMENDING APPROVAL TO YOU ALL. A LITTLE BIT OF BACKGROUND AND THIS IS A RESIDENTIAL HOME. IT HAS BEEN IN EXISTENCE SINCE THE 1950S.

SUBSEQUENT ZONING CHANGES AND MAPS HAVE ZONED IT NONCON -- NON-CONFORMING AND IT MADE IT A NONPERMANENT USE. IT WAS LEGALLY EXIST AS A NONCONFORMING USE.

THE PROPERTY OWNERS ARE INTERESTED IN SELLING THAT. IT IS OUR UNDERSTANDING THAT THEY ARE HAVING DIFFICULTIES WITH THEIR LENDER AND IN CONSUMMATING THE SALE AND THE

[00:25:01]

THEY SIMPLY WANT TO SELL THE PIECE OF PROPERTY AND THIS IS THE BEST WAY FOR THEM TO PROCEED IN MAKING THAT HAPPEN AND SATISFYING THE LENDERS AND THE TITLE COMPANIES.

YOU'LL SEE ON THE LIST OF GENERAL COMMERCIAL USES, GENERAL RETAIL PERMANENT USE HIGHLIGHTED IN RED IS SINGLE-FAMILY DETACHED DWELLING AS A PERMANENT USE.

PHOTOS OF THE PROPERTY. NOTIFICATION AREA SHOWING THE TWO IN FAVOR AND THE TWO IN OPPOSITION. STAFF REVIEWED THIS AND FOUND IT TO BE IN COMPLIANCE WITH THE COMPREHENSIVE PLAN AND FUTURE LAND USE AND DEVELOPMENT PLAN MAP.

STAFF RECOMMENDED APPROVAL TO THE PLANNING AND ZONING COMMISSION AND THE PLANNING AND ZONING COMMISSION HEARD THIS CASE BACK IN SEPTEMBER AND THEY ARE RECOMMENDING APPROVAL TO YOU THIS PLORNG. THIS MORNING. WITH THAT I WILL BE HAPPY TO

ENTERTAIN ANY QUESTIONS YOU MAY HAVE. >> THANK YOU.

DOES COUNCIL HAVE ANY QUESTIONS FOR MR. WARRIX? THANK YOU.

AT THIS TIME I OPEN UP THE PUBLIC HEARING. IS THERE ANYONE WHO WOULD LIKE TO SPEAK EITHER FOR ORGANS THIS ITEM -- OR AGAINST THIS ITEM? PLEASE COME FORWARD AND GIVE YOUR NAME FOR THE RECORD. SEEING NONE, I CLOSE THE PUBLIC HEARING. DOES COUNCIL HAVE ANYMORE QUESTIONS?

IF NOT I ACCEPT A MOTION. >> MOVE FOR APPROVAL. >> SECOND.

>> I HAVE A MOTION BY COUNCILMAN CRAVER AND A SECOND BY COUNCILMAN PRICE.

ANY FURTHER DISCUSSION? READY TO VOTE. >> COUNCILMEMBER CRAVER.

>> YES. >> MAYOR WILLIAMS IS ABSENT. HURT?

>> YES. >> ALBAS? >> YES.

>> PRICE? >> RENTZ IS ABSENT AND MCALISTER?

>> YES. >> MOTION CARRIES. >> AND WE WILL MOVE TO ITEM 12

[12. Ordinance (Final Reading) CUP202006: Receive a Report, Hold a Discussion and Public Hearing, and Take Action on a request from Hit Ventures LLC, agent Cody Myers, for approval of Conditional Use Permit allowing light manufacturing and, in particular, coffee processing in a Heavy Commercial (HC) District (Mike Warrix)]

AND I ASK MIKE WARRIX TO PRESENT THIS ITEM. >> THANK YOU.

THIS IS A REQUEST FOR A CONDITIONAL USE PERMIT. THIS IS CUP-2020-06 AND THE HONOR IS HIT VENTURES AND THE AGENT BEING CODY MYERS. THIS IS A REQUEST FOR A CONDITIONAL USE PERMIT TO ALLOW A LIGHT MANUFACTURING USE AT BIG COUNTRY COFFEE DOWN ON SOUTH TREDAWAY. AS YOU KNOW THE BIG COUNTRY COFFEE HAS A COFFEE SHOP THAT IS SOMEWHAT NEW. THEY ARE INTERESTED IN ROASTING COFFEE AT THAT LOCATION. ACCORDING TO THE PLAN IN YOUR PACKET, THERE ARE APPROXIMATELY 900 SQUARE FEET OF -- AVAILABLE IN THE BUILDING AND THEY PLAN TO USE THE SQUARE FOOTAGE FOR THE ROASTING OF COFFEE. PER OUTER ORDINANCES, THE ROASTING OF COFFEE WOULD BE A LIGHT INDUSTRIAL USE SO THEY NEED A CONDITIONAL USE PERMIT TO ALLOW THE USE WITHIN THAT ZONING CLASSIFICATION. THIS IS AN -- AT 802 SOUTH TREAD WAY BOULEVARD. WE RECEIVED FOUR NOTIFICATION RESPONSES IN SUPPORT AND ZERO IN OPPOSITION. IN SEPTEMBER, THE PLANNING AND ZONING DID HEAR THIS CASE AND ARE RECOMMENDING APPROVAL TO YOU. HERE IS THE GENERAL LOCATION MAP. CORNER OF 8TH AND SOUTH TREDAWAY.

IT IS ZONED HEAVY COMMERCIAL. IT IS IN A NEIGHBORHOOD EMPOWERMENT ZONE.

THE FLOOR PLAN SHOWING A RELATIVELY SMALL COFFEE SHOP AREA COMPARED TO THE MANUFACTURING AREA THEY ARE PROPOSING. PHOTOS, I THINK EVERYBODY DRIVES BY THAT LOCATION ON A REGULAR BASIS. NOTIFICATION AREA MAP SHOWING FOUR RESPONSES ZERO IN OPPOSITION. WE DID REVIEW IT AND FOUND IT TO BE CONSISTENT AND COMPLIANT WITH THE COMPREHENSIVE PLAN. I IS A USE IN GENERAL ZONING. IT IS CONSISTENT WITH THE LAND USE AND ZONING CHARACTER OF THAT IMMEDIATE AREA. STAFF RECOMMENDED APPROVAL BACK IN SEPTEMBER TO THE PLANNING AND ZONING COMMISSION. THEY ARE RECOMMENDING APPROVAL TO YOU AS WELL THIS MORNING. WITH THAT I ENTERTAIN ANY QUESTIONS.

>> THANK YOU. DOES ANYONE HAVE ANY QUESTIONS FOR MR. WARRIX? AT THIS TIME I WELL OPEN UP THE PUBLIC HEARING. IS THERE ANYONE WHO WOULD LIKE TO SPEAK EITHER FOR ORGANS THIS ITEM -- OR AGAINST THIS ITEM? PLEASE COME FORWARD AND GIVE YOUR NAME FOR THE RECORD. SEEING NONE I CLOSE THE PUBLIC HEARING. DOES COUNCIL HAVE ANY QUESTIONS OR COMMENTS?

>> I WOULD JUST LIKE TO SAY THAT IT IS REALLY NICE THAT THEY HAVE REALLY CLEANED THIS LOCATION UP. I AM KIND OF IN -- INTRIGUED ABOUT ROASTING COFFEE.

[00:30:06]

>> WILL WE GET ANY SAMPLES ? >> UNDER $50. >> SECOND.

>> MOTION BY MYSELF, A SECOND BY COUNCILMAN MCALISTER. ANY FURTHER QUESTIONS?

WE'RE READY TO VOTE. >> MAYOR PRO TEM HURT? >> YES.

>> ALBAS ? >> YES. >> PRICE?

>> YES. >> REZ IS ABSENT. MCALISTER?

>> YES. >> CRAVER? >> YES.

>> AND MAYOR WILLIAMS IS ABSENT. MOTION CARRIES.

>> WE WILL MOVE TO THE PUBLIC COMMENT PERIOD. THERE WILL BE NO VOTES OR

[PUBLIC COMMENTS]

>> GOOD MORNING, COUNCIL. DAVID SWORD. PREVIOUSLY WHEN WE MET AT SEVERAL OF THE RELIGIOUS LEADERS COME UP AND ASK YOU TO RECONSIDER OR ASK HIM TO RECONSIDER IT. SINCE THEN WE HAD A MEDIA REPORT THAT HE IS A SEMIFINALIST FOR ANOTHER CENTRAL TEXAS DEPARTMENT THAT WOULD HIRE HIM AWAY FROM US.

ALL IN ALL, PUS ASIDE, WHERE ARE WE GOING TO FIND ANOTHER LEFT HANDED CHIEF IN THE STATE OF TEXAS? I KNOW I MENTIONED BEFORE THAT IT IS A DISAPPOINTMENT EVEN REPORTED IN THE MEDIA THERE ARE NO LOCAL CANDIDATES ON THE LIST.

YOU KNOW, I'M PRETTY MUCH A LIFE LONG RESIDENT OF OUR CITY EXCEPT FOR A BRIEF STINT WHEN I WAS MARRIED AND WE LIVED IN CLYDE, AMERICA, FOR A YEAR AND A HALF.

WE HAVE HAD FOUR CHIEFS IN MY TIME THAT I HAVE BEEN A LIFE LONG RESIDENT.

WE HAD WARREN DODSON, AND THEN HE RETIRED. AND LIKE I MENTIONED BEFORE, THE CITY MANAGER BLACK SAID WE ARE GOING TO HIRE A NORTH DAKOTA CHIEF.

AND THE COUNCIL SAID NO. WE ARE GOING TO PICK A LOCAL GUY, CLYBURN.

AND THEN HE RETIRED. AND MELVIN MARTIN TOOK OVER IF THE SUCCESSION IS RIGHT.

AND NOW WE HAVE THE CURRENT CHIEF STANRIDGE. WHAT THAT SAYS AS CITIZENS IS IT IS A TYPICAL GOVERNMENT OPERATION. WE HAVE TO HIRE A CONSULTANT TO FIND SOMEBODY TO REPLACE OUR CHIEF. WELL, I'M SURE CONSULTANTS ARE NOT CHEAP WHEN YOU GO WITH GOVERNMENT AND CONSULTANT THERE IS ALWAYS AN AMOUNT SPENT. AND THEN YOU HAVE TO FORM A COMMITTEE.

AGAIN, A TYPICAL GOVERNMENT OPERATION. BUT TO NOT HAVE A LOCAL CANDIDATE ON THERE, THAT TELLS THE PUBLIC THAT POSSIBLY YOU DON'T HAVE ANY CONFIDENCE AND THE LEADERSHIP UNDER THE DEPARTING CHIEF TO OFFER THEM THE JOB UNLESS YOU ARE ON THE SHORT LIST. IT IS TO SAY THAT POSSIBLY MAYBE THERE IS SOMEONE ON THE COMMITTEE OR PERSONS ON THE COMMITTEE THAT HAD ISSUES THAT WILL HAVE ANOTHER LOCAL TAKE OVER. LIKE I SAID, WE NEVER HAD A CONSIDERATION EXCEPT THAT ONE TIME BACK IN THE 80S WHERE THEY TRIED TO HAVE AN OUT OF TOWN CHIEF.

TWO OF THOSE CANDIDATES ARE FROM OUT OF STATE. THEY ARE NOT EVEN CERTIFIED.

I DON'T KNOW WHAT IT TAKES. IF THEY HAVE TO TAKE A TEST. THEN WE GO TO THE DALLAS CANDIDATE. HE WOULD SAY THAT'S HOW WE DID IT IN DALLAS.

LIKE WE SAY, WELL, THIS IS NOT DALLAS, AND JUST LIKE PEOPLE WOULD SAY DON'T COMPARE FORT WORTH TO DALLAS. SAME THING. THANK YOU VERY MUCH, COUNCIL,

FOR LETTING ME PICK YOUR BRAIN THIS MORNING. >> THANK YOU, DAVID.

IS THERE ANYONE ELSE WHO WOULD LIKE TO PARTICIPATE IN PUBLIC COMMENT AT THIS TIME?

>> YES. MY NAME IS SAMUEL GARCIA AND I LIVE AT 2734 BRENTWOOD.

I AM HERE TO REALLY EXPRESS MY CONCERN WITH THE OPEN INFORMATION THAT IS SUPPOSED TO BE AVAILABLE TO THE PUBLIC. I HAVE BEEN -- I HAVE MADE A FEW REQUESTS TO THE CITY. ONE OF THE THINGS I HAVE FOUND IS THAT THE CITY, ACCORDING TO THE ATTORNEY GENERAL'S OFFICE, HAS UP TO 10 DAYS. IF YOU LOOK AT THE SYSTEM ONLINE IT WE HAVE UP TO 10 DAYS TO MEET THIS. IT MAKES TOTAL SENSE, BUSINESS

[00:35:03]

I MADE A REQUEST, FOR EXAMPLE, ON SEPTEMBER 23RD THAT WAS RECEIVED AND MARKED ON Y'ALL'S SYSTEM AT 5:56, AFTER HOURS. OKAY. SO THE NEXT DAY THE 10 BUSINESS DAYS START. AS OF YESTERDAY, AS OF THIS MORNING AND I JUST CHECKED IT, I HAVE YET TO RECEIVE THAT. YOU ARE NOT EVEN MEETING YOUR 10-DAY REQUIREMENT.

I SAID WAIT A MINUTE. LET ME CHECK THE ATTORNEY GENERAL'S OFFICE TO SEE IF THERE ARE COVID EXCEPTIONS. THERE WERE IF YOU ARE SHUTDOWN.

IF YOUR OFFICES ARE SHUTDOWN BIKE WE -- LIKE WE WERE YOUR REQUEST GETS AN EXTENSION.

NO, WE'VE BEEN OPEN. AND I HAVE EVEN MADE PHONE CALLS TO THE PERSON THAT IS LISTED ON THE -- LISTED ON THE CONTACT. I LEFT VOICE -- VOICEMAIL THAT'S WERE NOT RETURNED. PHONE CALLS. I LEFT A CALL LAST FRIDAY SAYING I'M CONCERNED. Y'ALL ARE PUSHING THE ENVELOPE ON HOW MANY DAYS IT IS TAKING YOU TO GET THIS. I CAN'T EVEN GET MY PHONE CALL RETURNED.

TODAY IS THURSDAY AND IT HAS NOT BEEN RETURNED. I CALLED ON ONE A COUPLE WEEKS AGO AND WHEN I FINALLY GOT UH HOLD OF THAT PERSON THAT FOLLOWING TUESDAY, THAT PERSON SAID OH I WAS OUT THAT DAY. WELL, YEAH. I LEFT YOU A MESSAGE TO CALL ME BACK. MAKES SENSE, RIGHT? I SAID -- I MEAN, WELL I WAS OFF. I UNDERSTAND. BUT YOU GOTTA RETURN PHONE CALLS. THIS IS FREEDOM OF INFORMATION.

THIS IS NOT SOMETHING -- AND WHERE SOME OF THESE CAME FROM IS FROM THE DCOA, SOME OF THE QUESTIONS. I SAW YOU ARE GOING TO MAKE BY LAW CHANGES THAT YOU ARE GOING TO PULL. IT MAKES ME WONDER WHAT WERE SOME OF THE CHANGES? THEY WERE GOING TO ASK TO INCREASE THE LIMIT UP TO A MILLION DOLLARS.

THERE WERE A LOT OF CHANGES GOING ON. I THOUGHT LET ME LEARN MORE BECAUSE HAVE I SOME PROBLEMS WITH THESE THINGS. , BUT I CAN'T GET THE INFORMATION I NEED IF YOU ARE NOT MEETING YOUR 10-DAY REQUIREMENT.

THAT'S A SERIOUS PROBLEM. AND YOU EVEN WAITED NINE DAYS AND AT 4:52 ON THE 10TH DAY ON THE PREVIOUS REQUEST SETTED -- SAID YOU NEED AN ATTORNEY GENERAL'S OPINION ON THIS ONE. YOU DIDN'T DO THAT EARLIER. IT IS A BIG CONCERN.

Y'ALL REALLY NEED TO LOOK AT YOUR REQUESTS AND YOU HAVE ONE THAT WASN'T EVEN MET.

THANK YOU. >> THANK YOU, MR. GARCIA. IS THERE ANYONE ELSE WHO WOULD LIKE TO PARTICIPATE IN PUBLIC COMMENT AT THIS TIME? SEEING NONE I CLOSE PUBLIC COMMENT. IT IS NOW 9:08 A.M. AND WE HILLARY SUCCESS TO

[EXECUTIVE SESSION]

SECTION 551.076 DELIBERATIONS ABOUT SECURITY DEVICES AND 551.087, DELIBERATIONS ABOUT BUSINESS

>> IT IS NOW 9:25 AND WE WILL RECONVENE TO OPEN SESSION. NO VOTES OR ACTION WAS TAKEN IN THE EXECUTIVE SECTION. WE WILL NOW MOVE TO 14 REAPPOINTMENT TO BOARDS

[14. Resolution: Receive a Report, Hold a Discussion and Public Hearing, and Take Action on Appointing Members to Various Boards and Commissions per the City Charter (Shawna Atkinson)]

SEEING NONE I CLOSE THE PUBLIC HEARING. IS THERE ANY COMMENTS FROM THE COUNCIL? SEEING NONE I ENTERTAIN A MOTION OF.

>> SO MOVED. >> SECOND. >> I HAVE A MOTION BY

COUNCILMAN MCALISTER AND SECONDED BY COUNCILMAN PRICE. >> MCALISTER?

>> YES. >> CRAVER? >> YES.

>> WILLIAMS IS ABSENT. PRO TEM HURT. >> YES.

>> ALBUS, YES. >> RENTZ IS ABSENT. >> IT IS 9:26 A.M. AND THIS

* This transcript was compiled from uncorrected Closed Captioning.