City of Abilene
City Council Agenda


Shane Price, Mayor Pro-tem
Bruce Kreitler, Council Member
Kyle McAlister, Council Member
Robert Hanna, City Manager
Norm Archibald, Mayor Donna Albus, Council Member
Weldon Hurt, Council Member
Steve Savage, Council Member
Stanley Smith, City Attorney
Danette Dunlap, City Secretary

Notice is hereby given of a meeting of the City Council of City of Abilene to be held on Thursday, June 22, 2017 at 8:30 AM at 555 Walnut Street, 2nd Floor Council Chambers, Abilene, TX, for the purpose of considering the following agenda items. All agenda items are subject to action. The City Council reserves the right to meet in a closed session on any agenda item should the need arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas Government Code.
1.CALL TO ORDER
2.INVOCATION
1.Councilman Weldon Hurt
3.PLEDGE TO THE UNITED STATES FLAG AND THE TEXAS FLAG
4.PRESENTATIONS, RECOGNITIONS, PROCLAMATIONS AND ANNOUNCEMENTS
1.Presentation by the children attending "Ultimate Upcycle Adventure" a part of "The Center for Contemporary Arts"
5.MINUTES
1.Approval of the Minutes from the Regular Council Meeting on June 8th, 2017.
6.CONSENT AGENDA
All consent agenda items listed are considered to be routine by the City Council and will be enacted by one motion.  There will be no separate discussion of these items unless a Councilmember or Citizen so requests, in which event the item will be removed from the Consent Agenda and considered separately. 
1.Ordinance: (First Reading) Amending Chapter 18, "Motor Vehicles and Traffic," Article XIII, "Schedules," Section 18-289.1, "Same - During Certain Hours," and Section 18-297 "Stopping, Standing and Parking Prohibited," Declaring a penalty; setting a public hearing on July 13th, 2017. (Michael Rice)
2.

Ordinance: (First Reading)  Amending Chapter 10 "Fire Protection and Prevention" Article IV "Liquefied Petroleum Gas" regulating liquefied petroleum gas within the City of Abilene's jurisdiction; and setting a public hearing on July 13th, 2017.  (Marty Sanders)

3.

Ordinance:  (First Reading)  Z-2017-11 A request from City of Abilene to rezone property from MD/H (Residential Medium Density/Historic Overlay) to MD (Residential Medium Density), which will remove the Historic Overlay zoning district on the property, Located at 857 Peach St.; Setting a public hearing for July 13, 2017.  (Dana Schoening)

4.

Ordinance:  (First Reading)  Z-2017-12  A request from City of Abilene to rezone property from CB/H (Central Business/Historic Overlay) to CB (Central Business), which will remove the Historic Overlay zoning district on the property, Located at 750 Mesquite St.; Setting a public hearing on July 13, 2017. (Dana Schoening)

5.

Ordinance:  (First Reading)  Z-2017-13  A request from Contractor Services, Ltd., agent Tal Fillingim, to rezone approximately 14 acres from AO (Agricultural Open Space) to RS6 (Residential Single-Family) to allow single-family homes within the approximately 14-acre tract of land. Located north of Independence Boulevard and east of Liberty Boulevard; Setting a public hearing on July 13, 2017.  (Dana Schoening)

6.

Ordinance:  (First Reading)  Z-2017-14  A request from Hardin Simmons University, agent Enprotec/Hibbs & Todd, to rezone property from HC/COR (Heavy Commercial/COR Overlay), HC (Heavy Commercial), and RS6 (Residential Single-Family) to CU/COR (College University/Corridor Overlay) and CU (College University) to allow for CU (College University) and related uses on property located just north of Hardin Simmons University. Location being 12 parcels/lots, north of Vogel Avenue, between Cedar Street and Pine Street. Setting a public hearing on July 13, 2017.

7.

Ordinance:  (First Reading)  TC-2017-03  A request from Hardin Simmons University, agent Enprotec/Hibbs & Todd, to abandon the entire north-south length of Cypress Street ROW (20' Width based on current GIS Mapping), beginning at Vogel Avenue and heading north 730 feet towards Lowden Street (20' Width based on current GIS Mapping); Setting a public hearing on July 13, 2017.  (Dana Schoening)

8.

Ordinance:  (First Reading)  TC-2017-04   A request from AEP Texas, Inc., agent John Garcia, to abandon the remaining portion of an abandoned railroad ROW. Being an abandoned 20’ wide railroad spur and ROW, running north approximately 120', north of N. 3rd St. and terminating south of N 4th St. Located between Mesquite Street and Plum Street (20' Width based on current GIS Mapping); Setting a public hearing for July 13, 2017.  (Dana Schoening)

9.Ordinance:  (First Reading)  OAM-2017-02  Amending the Land Development Code regarding Section 2.4.2.1 ‘The Land Use Matrix’, Section 2 .3 .2 .9 Residential Multiple- Family (MF) District permitted (P), by right, in non-residential zoning districts and Section 2.4.3.3 All Other Uses With Specific Requirements; Setting a public hearing for July 13, 2017.  (Dana Schoening)
10.Resolution: Accept Airport Improvement Program Grant 47 for the Abilene Regional Airport. The grant will fund the rejuvenating seal coat application to airport's taxiways. (Don Green)
11.Resolution:  Approve Change Order 2 to Duininck Inc.'s Contract for Reconstruction of Runway 17R/35L (Don Green)
7.REGULAR AGENDA - ORDINANCES AND PUBLIC HEARINGS - RESOLUTIONS
1.Ordinance & Public Hearing: (Final Reading) Repealing and Deleting Chapter 14 "Transportation Network Company Services" of the Abilene Municipal Code. (Don Green)
2.Ordinance: Consider adoption of an ordinance authorizing the issuance and sale of City of Abilene, Texas Combination Tax and Limited Surplus Revenue Certificates of Obligation, Series 2017, to provide funds for acquiring and improving a building to be used for a law enforcement center, water utilities offices and records storage, and for waterworks and sewer system improvements; levying an annual ad valorem tax and providing for the security for and payment of said Certificates; approving the official statement; providing an effective date; and enacting other provisions relating to the subject. (Mike Rains)
3.

Ordinance: Consider adoption of an ordinance authorizing the issuance and sale of City of Abilene, Texas General Obligation Bonds, Series 2017, to provide funds for projects approved at the May 9, 2015, bond election; levying an annual ad valorem tax and providing for the security for and payment of said Bonds; approving the official statement; providing an effective date; and enacting other provisions relating to the subject. (Mike Rains)

4.Resolution: Award of Bid No. CB-1752 – Sale of Land 33.968 acres of vacant land located at the northeast corner of Loop 322 and State Hwy. 36 in Abilene, Taylor County, Texas.  Said 33.968-acre tract being out of the West One-Half (W ½) of Section 46, Blind Asylum Lands, Taylor County, Texas. (Mindy Patterson)
5.Resolution: Award of Bid No. CB 1753 - 3.164 acres of vacant land located at 1417 N. Arnold Blvd. in Abilene, Taylor County, Texas.  Said 3.164-acre tract (called: 3.170-acres) being out of Section 33, Block 16, T. & P. Railroad Company Survey, Taylor County, Texas, conveyed to the City of Abilene, recorded in Volume 2054, Page 208, Official Public Records, Taylor County, Texas. (Mindy Patterson)
6.Resolution: Authorizing the Development Corporation of Abilene, Inc. to Purchase City of Abilene real property located at 1417  N. Arnold Blvd. and at the NE Corner of Loop 322 & State Hwy 36. (Kent Sharp)
8.EXECUTIVE SESSION

 The City Council of the City of Abilene reserves the right to adjourn into executive session at any   time during the course of this meeting to discuss any of the matters listed, as authorized by Texas Government Code Sections

  

1.     551.071 (Consultation with Attorney)    

           A) Regional Water Supply

           B) Brad McGary – Appeal to Civil Service Commission

           C) Termination of non conforming uses within Zoning Districts

 

         The following pending litigation subjects which may be discussed are:

1. City of Abilene, Texas v. Aurora Bumgarner; 104th Judicial District Court, Taylor County, Texas; filed November 17, 2011

2. Chad Carter v. City of Abilene, Texas; Cause No. 10138-D, In the 350th Judicial District Court, Taylor County, Texas, filed June 17, 2014

3. Susan Lewis King & Austin King MD vs Ken Paxton, Attorney General of Texas and the City of Abilene. Cause No. D-1-GN-16-001160, filed March 16, 2016

4. Abilene Matera LLC v. Board of Building Standards for the City of Abilene and City of Abilene, Cause No. 10696-D. March 17, 2016.

5. Ruby Flores and Cory Almanza v. Jesus Verastegui, Alfredo Verastegui, Rosalva Verastegui, and City of Abilene, Cause No. 49368-A, 42nd District Court, Abilene, Taylor County, Texas, filed April 13, 2016

6. E.G., et al. v. Barry Bond, City of Abilene, and Abilene Independent School District, Case 1:16-cv-00068-BL, U.S. District Court, Northern District, Abilene Division, filed April 28, 2016

7Robert Steven Reitz v. City of Abilene, Texas, et al., Case No. 1:16-cv-00181-BL; In the U.S. District Court, Northern District of Texas, Abilene Division, filed October 10, 2016

8City of Abilene and Development Corporation of Abilene v. Texas Municipal League Governmental Risk Pool, Cause No. 11018-D In the 350th Judicial District Court, Taylor County, Texas, filed January 9, 2017

9. Texas Propane Gas Association v. Railroad Commission of Texas, et al., Cause No. D-1-GN-17-001089, In the 261st Judicial District Court, Travis County, Texas, filed March 13, 2017

10. Iris Guerrero, et al. v. Taylor County, Texas, et al., Civil Action No. 1:17-cv-00050-BL, In the U.S. District Court, Northern District of Texas, Abilene Division, filed April 6, 2017

 

2. 551.072 (Deliberations about Real Property)

     A)  Regional Water Supply

           

             

3. 551.073 (Deliberations about Gifts and Donations)

 

4. 551.074 (Personnel Matters)

 

City Council may consider appointment, employment, reassignment, duties, discipline, or dismissal of public officers or employees, City Manager, City Attorney, Municipal Court Judge, City Secretary, and City Board and Commission Members.

 

The following Boards and Commissions may be discussed:

Abilene Health Facilities Development Corp.

Abilene Higher Education Facilities Corporation

Abilene-Taylor County Events Venue District

Board of Adjustments

Board of Building Standards

Civic Abilene, Inc.

Civil Service Commission

Development Corporation of Abilene, Inc.

Firemen's Pension Fund Board

Friends of Safety City Board

Frontier Texas! Board of Directors

Abilene Housing Authority

Landmarks Commission

Library Board

Mechanical/Plumbing/Electrical & Swimming Pool Board of Appeals

Mental Health-Mental Retardation Board of Trustees

9-1-1 Emergency Communications District Board of Managers

Parks & Recreation Board

Planning and Zoning Commission

Taylor County Appraisal District

West Central Texas Municipal Water District

Tax Increment Reinvestment Zone Board

 

5. 551.087 (Business Prospect/Economic Development)

     A) Hotel Proposals

                

 

6. 551.076 (Deliberations about Security Devices)  

9.RECONVENE
1.Action if needed from Executive Session
10.REGULAR AGENDA
1.Oral Resolution: Discussion and possible action related to annual performance evaluations of City Manager, City Secretary, City Attorney and Municipal Judge.
11.ADJOURNMENT
In compliance with the Americans with Disabilities Act, the City of Abilene will provide for reasonable accommodations for persons attending City Council meetings.  To better serve you, requests should be received 48 hours prior to the meetings.  Please contact Danette Dunlap, City Secretary, at 325-676-6202.
CERTIFICATION

I hereby certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Abilene, Texas, on the ______ day of June, 2017, at ___________.

_____________________________                                                                                    

Danette Dunlap, City Secretary