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The City Council of the City of Taylor met on May 11, 2006, at City Hall, 400 Porter St., Taylor, Texas.  Mayor Donald Hill declared a quorum and called the meeting to order at 6:00 p.m. with the following present:

 

Mayor Pro Tem John McDonald                         City Manager, Frank Salvato

Council Member Benito Gonzales                      Assistant City Manager, Jim Dunaway

Council Member Rod Hortenstine                      Susan Brock, City Clerk

Council member Ella Jez                                    

 

INVOCATION

Chief Jeff Straub led the group in prayer.

PLEDGE OF ALLEGIANCE

 

CITIZENS COMMUNICATION

No citizens came forward during this time.

CONSENT AGENDA

  1. MINUTES FROM APRIL 18, APRIL 25, and MAY 2, 2006.
  2. ORDINANCE 2006-10 REZONING 0.403 ACRES, LOTS 9 AND 10, WASHINGTON HEIGHTS ADDITION, LOCATED AT 1109 SYMES STREET FROM R1, SINGLE FAMILY TO B1, LOCAL BUSINESS DISTRICT.

    Mayor Pro Tem McDonald moved that the consent agenda be approved as presented and Council Member Gonzales seconded the motion.  Five voted AYE.  Motion passed.

REGULAR AGENDA – REVIEW/DISCUSS & CONSIDER/ACTION:

3.      PROCLAMATION: MAY IS NATIONAL HISTORICAL PRESERVATION MONTH.
Mayor Hill presented a Proclamation to Claire Maxwell, President of the Taylor Conservation and Heritage Society (TCHS), in recognition of May as National Historical Preservation Month.  Ms. Maxwell thanked Mayor Hill and invited everyone to participate in a special event on May 20 in Heritage Square celebrating the designation of the downtown area of Taylor as a National Historical District.   

4.      PROCLAMATION: NATIONAL POLICE WEEK, MAY 14-21, 2006. 
Mayor Hill presented a Proclamation to Chief Straub and members of the Taylor Police Department in recognition of National Police Week, May 14-21, 2006.  Officers present included Patrick Baxter, Chris Fraser, Kevin Mertz, and Captain David Clawson.

5.      CONSIDER ACCEPTING MAINTENANCE OF DETENTION POND IN ROB ROY SUBDIVISION.  
Mr. Dunaway presented a request from the developers of the Rob Roy Subdivision for the City to take over maintenance of the detention pond within the subdivision.  To date, home owner’s have contributed approximately $8,000 in dues for maintenance of the pond.  Developers are willing to turn these funds over to the City if they accept maintenance of the pond which is located in the city easement.  Mayor Pro Tem McDonald expressed a concern for future developments and the additional costs to taxpayers.  Council Member Hortenstine would like to see the Subdivision Ordinance amended to address this issue.  

Council Member Jez requested Council pass on this item and Mayor Pro Tem McDonald requested staff to bring back additional information and to look at the possibility of amending the Subdivision Ordinance to address the issue of detention ponds.

 

6.      CONSIDER CHANGE ORDERS FOR LIBRARY CONSTRUCTION WITH VANGUARD CONTRACTORS, L.P.
Mr. Dunaway asked Council to consider passing on this item until additional information could be brought forward.   Mayor Pro Tem McDonald moved to pass on this request and Council Member Hortenstine seconded the motion. VOTE: Five voted AYE.  Motion passed.

 

7.      CONSIDER RECOMMENDATIONS FOR PROPOSED WILLIAMSON COUNTY ROAD AND PARK BOND ELECTION. 
Mr. Salvato presented a request to Council from Judge Doerfler to provide input for road projects to be included in a possible bond election in November.  Council Member Jez attended a preliminary meeting regarding this issue on May 8 and stated that one of the major criteria for selection will be safety or ease of congestion.  She asked staff to request a public hearing in Taylor prior to the Bond Election. 

After much discussion, Council presented the following road projects to be submitted:
    1) 2nd Street (Highway 79)
    2) Chandler Road Extension from FM1660 to SH 95
    3) CR366 from Carlos Parker Blvd. to SH 29 and ultimately to Chandler Road
    4) County Road from Highway 95 to East Williamson County Park
    5) Carlos Parker Blvd (Hwy 397) extension east to connect to CR411
    6) Welch Street bridge at Mustang Creek
    7) CR373 improvements from US Hwy 79 to CR 398 for water tower road. 
    8) On/off ramps and intersection improvements to Highway 95 South and the loop    
       (Highway 79)

In addition to the road projects, Council would also like to submit a request to consider three park projects:  1) Assistance in getting an Indoor Recreation Center, 2) Assistance in further developing the East Williamson County Park, and 3) purchasing land for parks near the new school site at FM973 and the loop.

Council Member Jez moved to submit the above list of priorities and Mayor Pro Tem McDonald seconded the motion.  VOTE:  Five voted AYE.  Motion passed.

8.      CONSIDER reciprocal agreement with atmos energy on damage to distribution facilities.
Mr. Salvato presented a request from ATMOS Energy regarding a reciprocal agreement to address the issue of billing in the event damages occur to each other’s infrastructure.  In the past, when ATMOS personnel hit a City owned utility line or a City crew hit an ATMOS line bills were sent for damages.  This agreement would eliminate this process.  Mr. Salvato noted that the agreement does not include damages caused by contractors working for the City or ATMOS who would be billed for any damages that might occur. 

Mayor Pro Tem McDonald moved for Council to approve the agreement as presented with ATMOS Energy on damage to distribution facilities and Council Member Gonzales seconded the motion. VOTE:  Five voted AYE.  Motion passed.   

9.      consider REQUEST BY BRUNDAGE AVIATION, INC. AND AUSTIN FLIGHT, INC. FOR AVIATION FUEL DISCOUNT.
Mr. VanTil presented a request from Mr. Brundage to consider a discount aviation fuel sales program for his companies Brundage Aviation, Inc. and Austin Flight, Inc..  Pointing out the steady increase in fuel costs to aviation businesses and pilots, Mr. Brundage is requesting a 5% per gallon discount of the fuel purchase price for all gallons purchased up to 500 gallons each month, and 10% per gallon discount of the fuel purchase price for each gallon that exceeds 500 gallons per month.  Mr. VanTil reminded Council that the current price per gallon at the Taylor Municipal Airport is one of the lowest prices within a 50-mile radius and already includes a reduced rate of 50 cents per gallon margin. In lieu of a percent discount, the Airport Advisory Board recommended a discount to Mr. Brundage of 15 cents per gallon for every gallon up to 500 gallons and 25 cents per gallon discount over 500 gallons per month until the City makes a decision to develop a fuel discount policy for future requests of this sort.

Council Member Jez thanked the Airport Advisory Board for their input but moved to deny the request and not to develop a policy since the current discount appears to be adequate at this time.  Council Member Hortenstine seconded the motion.  VOTE:  Five voted AYE.  Motion passed.

10.  CONSIDER APPROVING LIMITED DUTY FOR FIREFIGHTERS.
Chief Haywood Stanford presented a request for Council to consider adding limited duty for firefighters.  Chief Stanford explained that this request is similar to what was recently approved for police officers and is intended to allow an injured or pregnant firefighter to temporarily work in another position within the City if available at a reduced salary, or, if no position is available, to use worker’s compensation. 

Council Member Jez moved to approve the limited duty for firefighters and Mayor Pro Tem McDonald seconded the motion.  VOTE:  Four voted AYE;  One NO (Council member Gonzales).  Motion passed.

11.  CONSIDER TAYLOR CHAMBER OF COMMERCE HOTEL/MOTEL QUARTERLY REPORT AND FUTURE PROJECTS.
Ms. Shanta Kuhl, Executive Director of the Taylor Chamber of Commerce, presented the third quarterly report for Hotel/Motel taxes for the 2005/2006 fiscal year.  Council member Gonzales moved to accept the report as presented and Mayor Pro Tem McDonald seconded the motion.  VOTE:  Five voted AYE.  Motion passed.

12.  CONSIDER UTILITY EASEMENTS FOR PARSLEY/MARTINKA PROPERTIES LOCATED ON HIGHWAY 95.
Mr. Salvato presented a request to consider obtaining utility easements with Mr. Parsley and Mr. Martinka for properties located on Highway 95 in order to attract retail development to the east side of Highway 95.  Currently, no wastewater lines exist in this area and this is hindering future development to the north of Tractor Supply.  The easements include an offer of five water and five wastewater taps to Mr. Parsley and one wastewater tap at no charge to Mr. Martinka.  However, to date, Mr. Salvato has had no response from either landowner.  

Mayor Pro Tem McDonald moved to approve the utility easements and to authorize the City Manager enough latitude to negotiate these easements further if necessary in order to get them completed.  Council Member Gonzales seconded the motion.  VOTE:  Five voted AYE.  Motion passed.

13.  RECONSIDER LICENSE AGREEMENT WITH DURCON LABORATORY TOPS, INC. FOR THE ENCROACHMENT OF WATER LINE ON PUBLIC PROPERTY.

Mr. Jim Dunaway, Assistant City Manager, brought back a request from Durcon Laboratory Tops, Inc. to the City for consideration of a license agreement to allow an existing water line to encroach on public property.  At the request of Council, Mr. Ted Hejl, City Attorney, added a statement in the agreement that clearly states the city will have no maintenance responsibility for this line.  Durcon has since provided a survey at their expense and provide the City with more detailed information about the location of the line.  

Council Member Hortenstine moved to approve the license agreement with Durcon Laboratory Tops, Inc. as amended and Mayor Pro Tem McDonald seconded the motion.  VOTE:  Five voted AYE.  Motion passed. 

 

14.  CONSIDER SALE OF CITY OWNED PROPERTIES.
Mr. VanTil presented a list of city owned properties previously discussed with Council for possible sale.  Two of the properties included in the original list have already been disposed of:  the house at the water treatment plant and the property at 818 Center Street.  Staff presented four properties for discussion at this meeting: West End School, corner of Rio Grande and Walnut, David Lawrence Tract, and a series of lots on South Doak.  After reviewing the properties and discussing any potential use by the city the following actions were taken:

Council Member Jez moved to offer for sale the West End School without a minimum bid and Mayor Pro Tem McDonald seconded the motion.  After some additional discussion, Council member Jez asked to have the motion amended to include a statement that the purchaser must also obtain a building permit and receive a certificate of occupancy within two years of the sale.  Council Member Hortenstine seconded the amended motion.  VOTE:  Five voted AYE.  Motion passed.

Mayor Pro Tem McDonald moved to sell the corner lot on Rio Grande and Walnut property and Council member Hortenstine seconded the motion.  VOTE:  Five voted AYE.  Motion passed.

Council member Jez moved to retain the Lawrence tract for future use and Council member Gonzales seconded the motion.  VOTE:  Four voted AYE; One NO (Mayor Pro Tem McDonald).  Motion passed.

Council member Gonzales recused himself for discussion and vote on the last piece of property.

Council member Jez moved to sell Blocks 36, 39, and 42 of the South Doak properties as a single parcel and Mayor Pro Tem McDonald seconded the motion.  After a brief discussion, Council member Jez amended the motion to sell the properties as separate parcels and the motion was again seconded by Mayor Pro Tem McDonald.  VOTE:  Four voted AYE.  Motion passed.

Council member Gonzales rejoined the meeting.

15.  CONSIDER INTRODUCING ORDINANCE 2006-9 AMENDING FEE ORDINANCE 2005-16 REGARDING UTILITY SERVICE FEES.
Mr. Dunaway presented a request for Council to consider changing the terminology of certain penalty fees and initiating two new fees with regards to the utility billing department.  Currently, the term “reconnect fee” has caused some distress when customers who have not paid their bills by 7:00 p.m. on the 20th of the month and say that their water service was never “disconnected” and therefore they should not be charged a reconnect fee.  Mr. Dunaway explained that that fee is really a “processing fee” that is used to recover the costs of managing these accounts and putting them on the disconnect list for the following day, the 21st in some cases, when the work orders are actually issued.     

In addition, Mr. Dunaway explained that with the costs of new water meters increasing, the City is no longer recovering its costs to install a new meter, which is typically now running about $200.00 for each meter.  He is requesting that a “new meter fee” be assessed at the rate of $200.00.

The last request involves the establishment of a fee to reread water meters at the customer’s request.  A survey of surrounding communities indicates it is common practice to assess a $10.00 reread fee if the customer asks to have the meter reread and it is correct; however, the fee will not be assessed if the meter was read incorrectly by City staff the first time.  Mr. Dunaway says this is a time consuming practice and many customers routinely request a reread every month just as a matter of habit.  He hopes this will help eliminate that problem.

Council Member Jez asked for staff to develop educational materials regarding how to detect water leaks and Mayor Pro Tem McDonald asked staff to continue to investigate electronic payment options to help reduce the number of onsite payments.

In the absence of the City Attorney, Mr. Salvato read the caption to Ordinance 2006-9 and Mayor Hill declared Ordinance 2006-9 officially introduced.

16.  PARTICIPATION IN WILLIAMSON COUNTY URBAN COUNTY REQUALIFICATION FOR COMMUNITY DEVELOPMENT BLOCK GRANT.
Mr. Salvato presented a request from Williamson County for the City of Taylor to declare its status with the Urban County program.  The Council voted in 2003 to join the program which allows Federal grant funds to be given directly to the County to assist with infrastructure improvements in low to moderate income areas.  Through this program the City was eligible to apply for and received a grant for $900,000.00 to provide improvements to drainage in the Dickey Street area.  Without participation in this program, the City must  compete with other cities in the region for CDBG funds through CAPCOG.

Council Member Jez moved to continue to participate in the Williamson County Urban County program and Mayor Pro Tem McDonald seconded the motion.  VOTE:  Five voted AYE.  Motion passed.

17.  CONSIDER INTRODUCING ORDINANCE 2006-12 AMENDING ANIMAL CONTROL APPEALS BOARD.
Chief Straub presented an amendment to Ordinance 99-16 regarding the establishment of an Animal Control Appeals Board.  This Board was created in 1999 to hear an appeal if an individual was denied animal licensure.  New State law mandates the City create an Animal Shelter Advisory Committee.  To comply with State law, Chief Straub is recommending a single board be created and called the Animal Control Appeals Board and Shelter Advisory Committee.  According to Section 823.005 of the Texas Health and Safety Code, the Advisory Committee must be composed of at least one licensed veterinarian, one county or municipal official, one person whose duties include the daily operation of an animal shelter and one representative from an animal welfare organization.

In the absence of the City Attorney, Mr. Salvato read the caption to Ordinance 2006-12 and Mayor Hill declared the Ordinance officially introduced.

18.  EXECUTIVE SESSION.  THE TAYLOR CITY COUNCIL WILL HOLD A CLOSED EXECUTIVE MEETING PURSUANT TO THE PROVISIONS OF THE OPEN MEETINGS LAW, CHAPTER 551, GOVERNMENT CODE, IN ACCORDANCE WITH THE AUTHORITY CONTAINED IN SECTION 551.072 TO DELIBERATE REGARDING ACQUISITION OF REAL PROPERTY. 
Mayor Hill announced that the Council would not be meeting in Executive Session. 
   

19.  CONSIDER ACTION FROM EXECUTIVE SESSION.
Executive Session was cancelled and therefore there was no action to consider.

ADJOURN
With no further business, Mayor Hill adjourned the meeting at 8:58 p.m.

 

 

                                                                                                     

                                                                                                      ___________________________

                                                                                                      Donald R. Hill, Mayor

ATTEST:

 

___________________________

Susan Brock, City Clerk