City Council Meeting-May 12, 2016

City of Abilene
City Council Agenda

Shane Price, Council Member
Bruce Kreitler, Council Member
Kyle McAlister, Council Member
Robert Hanna, City Manager
Norm Archibald, Mayor Anthony Williams, Mayor Pro-tem
Jay Hardaway, Council Member
Steve Savage, Council Member
Stanley Smith, Interim 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, May 12, 2016 at 8:30 AM at 555 Walnut Street, 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.
Mayor Archibald
1.Proclamation - Building Safety Month
2.Proclamation - Destination Imagination Teams Day
3.Proclamation - Older Americans and Elder Abuse Prevention Month

Employee Service Awards

Rodney Goodman      Fire Captain                          30 Years

Joey Kincaid               Fire Battalion Chief III           30 Years

Jeff Jones                   Fire Fighter                           30 Years

Russell Watts             Fire Captain I                        30 Years


1.Approval of the Minutes from the Special Called Workshop April 26 and the Regular Council Meeting - April 28th 2016.
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.No Items for Consent Agenda
1.Oral Resolution: Development Corporation of Abilene, Inc. FY16 Semi-Annual Report of Activities through March 31, 2016. (Sharp)

Ordinance & Public Hearing: (Final Reading) An amendment to the Land Development Code (LDC) to create and adopt standards for a Lake Fort Phantom Hill (LFPH) Overlay zone. (Schoening)


Ordinance & Public Hearing: (Final Reading) Z-2016-17 A request from the City of Abilene to apply Lake Fort Phantom Hill (LFPH) Overlay zoning to all properties located within the city limits north of Neas Rd as well as other properties to the south along E. Lake Rd & W. Lake Rd. (Schoening)


Ordinance & Public Hearing: (Final Reading) CUP-2016-02 A request from Joe Frazier for a Conditional Use Permit to allow for ‘Freight Containers’ on property zoned AO (Agricultural Open Space), located at 3750 Old Anson Rd. (Schoening)

5.Ordinance & Public Hearing: (Final Reading) Z-2016-14 A request from Sherry I. Maloney to rezone property from HC (Heavy Commercial) & GC (General Commercial) to PD (Planned Development) zoning, located at 2549 & 2657 Shirley Rd. (Schoening)
6.Ordinance & Public Hearing: (Final Reading) Z-2016-15 A request from Jack Fuqua & Pat Andrews to rezone property from NR (Neighborhood Retail) & MF (Multi-Family Residential) to GR (General Retail) zoning, located at 3349 N. 12th St & 1141 N. Willis St. (Schoening)
7.Ordinance & Public Hearing: (Final Reading) Z-2016-16 A request from Ax Properties, agent Tal Fillingim, to rezone property from RS-8 (Single-Family Residential) to PD-4 (Planned Development) zoning, located at 3702 Antilley Rd. (Schoening)
8.Resolution: Authorizing the City Manger to utilize  Alternative Project Delivery methods will provide for the City of Abilene. (Lisenbee)    
9.Resolution:  Award of Bid #CB-1638 for the South 11th St. Sidewalk Project. (Rice)
10.Resolution: Award of Bid #CB-1644 N. 5th St. & Victoria St. Reconstruction Project. (Rice)

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)
  2.  551.072 (Deliberations about Real Property)
  3.  551.073 (Deliberations about Gifts and Donations),
  4.  551.074 (Personnel Matters)
  5.  551.087 (Business Prospect/Economic Development)
  6.  551.076 (Deliberations about Security Devices)  
1.Action if needed from Executive Session

Resolution: Approving a negotiated settlement between The ATMOS Cities Steering Committee and ATMOS Energy Corp., Mid-Tex Division Regarding The Company's 2016 rate review mechanism filings. (Rains)

2.Resolution: Authorizing the City Manager to negotiate and execute all documents or agreements, and pursue other legal action as may be necessary, regarding the City's rights and obligations under its property damage insurance coverage with the with Texas Municipal  League Intergovernmental Risk Pool. (Hanna)

Resolution: Appointing Members to Various Boards and Commissions as Required by the Charter of the City of Abilene and Statues of the State of Texas:


Abilene Economic Development Corporation

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.

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 May, 2016, at ___________.


Danette Dunlap, City Secretary



(Consultation with Attorney) Section 551.071                

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.  Gary Lee and Marilu Lee Corpian v. City of Abilene, Cause No. 48,766-A in the 42nd District Court 2015
  4.  Margarita Mitchell, et al. v. The City of Abilene, et al., filed in the 350th Judicial District Court, Taylor County, Texas, on October 21, 2015
  5.  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
  6.  Abilene Matera LLC v. Board of Building Standards for the City of Abilene and City of Abilene, Cause No. 10696-D. March 17, 2016.
  7.  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
  8. 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


A) ATMOS Settlement between ATMOS Cities Steering Committee and ATMOS Energy Corp., Mid-Tex Division

B) Regarding possible litigation with TML Intergovernmental Risk Pool


(Personnel) Section 551.074                

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 Economic Development Company, Inc.

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.

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


(Real Property) Section 551.072

(Business Prospect/Economic Development) Section 551.087

(Deliberations about Gifts and Donations) Section 551.073

(Deliberations about Security Devices) Section 551.076

Minutes have not been generated.