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The City Council of the City of Taylor met on September 26, 2006, at City Hall, 400 Porter St., Taylor, Texas.  Mayor Bernabe Gonzales declared a quorum and called the meeting to order at 6:00 p.m. with the following present:

 

Council Member Rod Hortenstine                      Frank Salvato, City Manager

Council Member Ella Jez                                     Assistant City Manager, Jim Dunaway

Council Member John McDonald                       City Attorney, Ted Hejl

                                                                             City Clerk, Susan Brock


INVOCATION

Council Member Hortenstine led the group in prayer.

 

PLEDGE OF ALLEGIANCE

 

CITIZENS COMMUNICATION

No citizens came forward during this time.

CONSENT AGENDA

1.      MINUTES FROM SEPTEMBER 7, 2006.

2.      CONCUR WITH FINANCIALS FOR AUGUST, 2006.

3.      ORDINANCE 2006-23 FEES FOR SERVICES PROVIDED BY THE CITY.

4.      ORDINANCE 2006-26 BUDGET AMENDMENT.
Council Member McDonald moved to approve the Consent Agenda as presented and Council Member Hortenstine seconded the motion.  VOTE:  Four voted AYE.  Motion passed.

REGULAR AGENDA – REVIEW/DISCUSS & CONSIDER/ACTION:

  1. EXECUTIVE SESSION.  THE TAYLOR CITY COUNCIL WILL CONDUCT A CLOSED EXECUTIVE MEETING UNDER SECTION 551.071 OF THE TEXAS GOVERNMENT CODE IN ORDER TO MEET WITH ITS CITY ATTORNEY ON A MATTER IN WHICH THE DUTY OF THE ATTORNEY TO THE GOVERNMENTAL BODY UNDER THE TEXAS DISCIPLINARY RULES OF PROFESSIONAL CONDUCT OF THE STATE BAR OF TEXAS AUTHORIZE AND ALLOW SUCH A CLOSED MEETING AND WHICH RULES CONFLICT WITH THE TEXAS OPEN MEETINGS. ACT. 
    Mayor Gonzales adjourned Council into Executive Session at 6:05 p.m.  Mayor Gonzales called the meeting back to order at 6:52 pm and stated that no action was taken during Executive Session.

  2. CONSIDER LICENSE AGREEMENT BETWEEN CITY AND ABRAHAM DAVIDSON AND BARBARA TAFT FOR PROPERTY LOCATED AT 1008 JAMES STREET.
    Mr. John Elsden, City Planner, presented a request from Mr. Abraham Davidson and Ms. Barbara Taft regarding a license agreement for property at 1008 James Street.   This same property was brought before Council in February, 2006 for a similar license agreement   when Ms. Jone Henson purchased property.  The agreement is not transferable, thus the new owners of the property must request a new agreement with the City.  There have been no changes made to the agreement approved in February.

    Council Member Jez moved to approve the license agreement between Mr. Abraham Davidson and Ms. Barbara Taft and the City for 1008 James Street and Council Member McDonald seconded the motion.  VOTE:   Four voted AYE.  Motion passed.

  3. CONSIDER AMENDING CONTRACT WITH IESI FOR LENGTH OF CONTRACT AND AMENDED FUEL SURCHARGE FEES..
    Mr. Dunaway presented a request from IESI to extend their contract for an additional year and to approve a fuel surcharge fee amendment.  Mr. Chuck Munsey, Division Manager for IESI, was present to respond to questions from Council.  Discussion on placement of carts occurred but the final decision was to continue to abide by the existing wording in the contract:  place carts back where owner had them, always off the street surface. 

    Mr. Ralph Weller with Texas Disposal Systems addressed the Council and requested an opportunity to discuss his company’s services at some point in the future.  Council Member Hortenstine moved to extend the contract with IESI for one more year to expire in February, 2009 and to approve the amended 10% fuel surcharge fees to be reviewed quarterly and based on mean fuel costs.  Council Member Jez seconded the motion.  VOTE:  Four voted AYE.  Motion passed.

  4. CONSIDER R06-18 SUPPORTING EAST WILLIAMSON COUNTY HIGHER EDUCATION CENTER.
    Dr. Chuck McCarter, Executive Director for the East Williamson County Higher Education Center presented a request to Council to approve Resolution R06-18 in support of establishing the center in East Williamson County.  Dr. McCarter provided information about the proposed project and its future potential for Taylor and surrounding communities.  He believes the focus of the facility will be on careers in technology but may also include advanced manufacturing and health sciences education as well.  Dr. John Nelson, Director of the Taylor Economic Development Corporation and Dr. Bruce Scott, Taylor ISD Superintendent, were also present to provide support for the Resolution.  Council Member Hortenstine expressed his support for the concept but also a concern for the specific location.  He stated that the sentence containing the phrase  “between Hutto and Taylor” was too vague and not acceptable and that he would support the Resolution with this sentence removed.  Dr. McCarter responded that the exact location has yet to be determined and hopes that it will be positioned to benefit all of East Williamson County.

    Council Member McDonald moved to approve Resolution R06-18 with the words “to be located between Hutto and Taylor” deleted and Council Member Jez seconded the motion.  VOTE: Four voted AYE.  Motion passed. 

  5. CONSIDER INTRODUCING ORDINANCE 2006-27 DENYING THE RATE INCREASE PROPOSED BY THE ATMOS ENERGY CORPORATION. 
    Mr. Frank Salvato, City Manager, presented a request to Council from the Atmos Texas Municipalities (ATM) to deny a proposed rate increase.  The City joined the ATM coalition of cities to suspend the rate increase from July 3 until October 3, 2006 until representatives for the municipalities had time to review the case.  After a review of the information provided, the ATM recommendation is for Council to adopt an Ordinance to deny the increase in rates and that “ATMOS set rates in a manner that will not be unfair to low use customers or be set in a manner which encourages the wasteful consumption of natural gas”.

    With no further discussion, Mr. Ted Hejl, City Attorney, read the caption to Ordinance 2006-27 and Mayor Gonzales declared the Ordinance officially introduced.

  6. CONSIDER PROFESSIONAL SERVICES CONTRACTS WITH THE BWM GROUP AND BTS FOR PARKS DESIGN AND SURVEY SERVICES.
    Mr. Bob vanTil, Director of Community Development, and Mr. Casey Sledge, consulting City Engineer, presented Council with a request to consider contract services with the BWM Group for parks design and a contract with BTS for survey services for Robinson Park, Murphy Park, and the East Williamson County Park (EWCP).  The BWM Group services include preparation of the construction documents, bidding administration, and construction observation.  The contracts for EWCP were presented in two Phases for Council consideration based on the level of design to be funded.

    Council Member Hortenstine moved to approve the contracts with the BWM Group for parks design services (Robinson Park: $22,800; Murphy Park: $38,000 and the Phase I contract for EWCP: $222,900) not to exceed $283,700 and a contract with BTS for parks survey services not to exceed $19,000 (for a total of $302,700 for all contracts).  Council Member McDonald seconded the motion.  VOTE:  Four voted AYE.  Motion passed.

  7. CONSIDER DEVELOPER AGREEMENT WITH LENNAR HOMES
    Council Member McDonald recused himself due to a conflict with this agenda item.  Council Member Hortenstine moved to pass on this item and Council Member Jez seconded the motion.  VOTE:  Three voted AYE.  Motion passed.

    Council Member McDonald rejoined the Council.

  8. CONSIDER CONTINUATION OF CONTRACT WITH CGI COMMUNICATIONS, INC.
    Ms. Jean Johnson, Director, Main Street, presented an overview of the CGI Program responsible for the community banner program currently underway in the City.  CGI promotes the program at no cost or liability to the City and funds the program by selling sponsorships to businesses.  To date, approximately 60 banners have been sold at about $500 each.  Prior to installation of the banners, the City was notified by the Texas Department of Transportation that the placement of the banners on right of way was not in compliance.  City staff notified CGI of this issue and asked them not to proceed.  However, the banners were installed and will not be allowed to remain beyond the end of the one-year contract.

    Another part of the program included the production of several streaming videos to  be used on the City’s website.  No videos have been produced and staff is requesting Council to reconsider this three-year agreement and to terminate the contract.  Staff provided Council with a sample of videos produced for other cities and expressed disappointment in the quality of the productions.  Council Member Jez moved to terminate the contract with CGI Communications, Inc. immediately and Council Member McDonald seconded the motion.  VOTE:  Four voted AYE.  Motion passed.

  9. DISCUSS LIBRARY CONSTRUCTION PROJECT.
    Mr. Casey Sledge, City Engineer Consultant, and Mr. Jim Dunaway presented information regarding the estimated cost of library furnishings for the new library building.  Funding options were discussed with particular emphasis on certificates of obligation and the Noble Trust Funds available for the new library.  With limited funds available, Council Member Hortenstine suggested staff continue to use the $400,000 estimate for furnishings and use the remaining current funds available, (approximately $120,000) $100,000 from the Noble Trust Fund and issue debt to cover the remaining costs, adopting a Reimbursement Resolution when the debt is issued.  Additional concerns regarding move in and collection size were discussed, but this item was for discussion purposes only and no formal action was taken.

  10. CONSIDER DEVELOPER AGREEMENTS WITH CAPROCK, STOREFRONT AND WHATABURGER.
    Mr. Salvato presented a request to Council to consider developer agreements with three parties to cooperatively fund a wastewater line on the east side of Highway 95 (North Main Street) across from the new HEB and Wal-Mart.  Two of the interested parties (Storefront Development and WhataBurger) have signed a developer agreement and are ready to move forward.  The third party, Caprock Development, does not have a retailer signed and have not yet closed on their property.  If the Council approves this agreement, the City would fund approximately one-half to two thirds of the wastewater line costs and then be reimbursed as new development connects to the line.   

    Council Member McDonald moved to approve the developer agreement with the stipulation that if Caprock Development signs the agreement within 90 days they can pay their pro-rata share of the wastewater line.  Council Member Hortenstine seconded the motion.  VOTE:  Four voted AYE.  Motion passed.

  11. CONSIDER LIQUIDATION DAMAGES WITH REGARD TO SHALLOW FORD FOR HOWARD AND NORTH DRIVE PROJECTS.
    Council Member Hortenstine moved to pass on this item and Council Member Jez seconded the motion.   VOTE:  Four voted AYE.  Motion passed.

  12. EXECUTIVE SESSION.  THE TAYLOR CITY COUNCIL WILL CONDUCT A CLOSED EXECUTIVE MEETING UNDER SECTION 551.074 OF THE TEXAS GOVERNMENT CODE IN ORDER TO DELIBERATE THE APPOINTMENT, EMPLOYMENT, EVALUATION, REASSIGNMENT, DUTIES, DISCIPLINE, OR DISMISSAL OF A PUBLIC OFFICER OR EMPLOYEE, INTERIM FIRE CHIEF.
    Mayor Gonzales announced that the Council would adjourn to enter into Executive Session.       

  13. CONSIDER ACTION FROM EXECUTIVE SESSION.
    Mayor Gonzales called the meeting back to order at 9:04 pm and stated that no action was taken during Executive Session.  Council Member Jez moved to confirm the City Manager’s appointment of Jon Fontenot to Interim Fire Chief and Council Member McDonald seconded the motion.  VOTE:  Four voted AYE.  Motion passed.
     

 

ADJOURN
With no further business, Mayor Gonzales adjourned the meeting at 9:05 p.m.


                                                                                                     

                                                                                                      ___________________________

                                                                                                      Bernabe Gonzales, Mayor

ATTEST:

 

___________________________

Susan Brock, City Clerk