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The City Council of the City of Taylor met on October 12, 2006, at City Hall, 400 Porter St., Taylor, Texas.  Mayor Bernabe Gonzales declared a quorum and called the meeting to order at 7:00 p.m. with the following present:

 

Mayor Pro Tem Donald Hill                                Frank Salvato, City Manager

Council Member Rod Hortenstine                      Assistant City Manager, Jim Dunaway

Council Member Ella Jez                                     City Attorney, Ted Hejl

Council Member John McDonald                       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 14, SEPTEMBER 26, OCTOBER 2, AND OCTOBER 5, 2006.
Council Member Jez requested that the minutes for September 26 be removed from the Consent Agenda for a correction.  Council Member McDonald moved to approve the minutes for September 14, October 2 and October 5, 2006.  Council Member Hortenstine seconded the motion.  VOTE:  Five voted AYE.  Motion passed.


REGULAR AGENDA – REVIEW/DISCUSS & CONSIDER/ACTION:

            MINUTES FROM SEPTEMBER 26, 2006. 
            Council Member Jez asked that a correction be made to item number 8 changing Dr.                            McCarter’s first name from John to Chuck.  Council Member McDonald moved to approve                the minutes for September 26, 2006 with the correction as noted and Council Member Jez                    seconded the motion.  VOTE: Five voted AYE.  Motion passed.

  1. CONSIDER SALE OF CITY OWNED PROPERTY ON GLADNELL STREET.
    Mr. Bob vanTil, Director of Community Development, presented a request to consider the sale of a lot located on Gladnell Street.  The property is owned by the City and contains a high-pressure gas utility line running diagonally through the lot.  Discussion included the possibility of keeping it a green space and using it as a small play park or

    Mr. Larry Schievelbein of 2301 Gladnell came forward to address the Council on this issue.  As a resident of the neighborhood being discussed, Mr. Schievelbein expressed his concern for selling the property to a new owner who may eventually want to construct a building or add improvements to the property, with the danger of a high-pressure gas utility line located on the property.  He stated that he would prefer to keep it a green space.  Mr. Hejl explained that upon sale, the deed will be recorded with the County and will include restrictions to prevent any type of construction or improvements on the property and that it would be the buyer’s responsibility to conduct a survey of the property to determine the exact location of the utility easement, if desired.

    Council Member Jez moved to retain the property and consider making it into a mini-park; motion died for a lack of a second.  Council Member McDonald moved to sell the property and give the proceeds to the park fund.  Mayor Pro Tem Hill seconded the motion but requested an amendment to add a minimum bid to the motion.  Council Member McDonald amended his motion to include a minimum bid of $10,000; no second; Mayor Hill asked to reduce the minimum bid to $5,000.  Council Member McDonald again amended his motion by reducing the minimum bid to $5,000 and Mayor Pro Tem Hill seconded the motion.  VOTE:  Four voted AYE.  One vote NO.  (Council Member Jez).  Motion passed.

  2. CONSIDER LEASE RENEWAL WITH AUTOROTATE FOR THE MEDIVAC BUILDING AT THE TAYLOR MUNICIPAL AIRPORT.
    Mr. vanTil presented a request to consider renewing the lease with Autorotate, Inc. for the Medivac Building.  This company has been leasing this site at the airport since November 1, 2004 and the lease renewal would extend the current lease for two more years.  According to policy previously established, the lease payments will increase each year based on the CPI.  

    Council Member Hortenstine moved to renew the lease as presented and Council Member Jez seconded the motion.  VOTE:  Five voted AYE.  Motion passed.

  3. CONSIDER RESOLUTION R06-19  REQUESTING TEMPORARY CLOSURE OF MAIN STREET FOR SPOOKTACULAR EVENT..
    Ms. Jean Johnson, Main Street Director, presented a request to Council to approve Resolution R06-19 requesting permission to close Main Street (Highway 95) on the evening of October 31 for a city-sponsored event, Spooktacular.  The Texas Department of Transportation requires a resolution by the City Council as part of their approval process to temporarily closing a state highway. The traffic control plan prepared by Halff and Associates has been designed to help provide a safe, fun, family event.

    Council Member Jez moved to approve Resolution R06-19 with a change to add 3rd and 4th streets between Porter and Talbot.  Mayor Pro Tem Hill seconded the motion.  VOTE: Five voted AYE.  Motion passed. 

  4. CONSIDER TAX ABATEMENT FOR APPLEBEE’S. 
    Mr. Frank Salvato, City Manager, presented a request to Council from Applebee’s for a tax abatement.  Mr. Salvato reminded Council that the City does not promote or advertise these agreements and brings applications to Council for consideration only at the request of the business owner and after careful review by City staff to determine if they meet the minimum requirements for the abatement.  The Ordinance establishing the Tax Abatement policies and the application are available on request and also on the City website.  Applebee’s staff has indicated that the tax abatement is necessary for Taylor to be considered for a site location. 

    Council discussion included issues regarding wage rates, site selection, and future benefits to the City if the company were to locate in Taylor.  Council Member Jez moved to approve the tax abatement application for Applebee’s and Council Member Hortenstine seconded the motion.  VOTE:  Five voted AYE.  Motion passed.

  5. CONSIDER RESOLUTION R06-21 AUTHORIZING SIGNATORIES ON CITY INVESTMENT AND BANK ACCOUNTS.
    (Mayor Gonzales recused himself from the discussion due to his current employment with City National Bank.)  Ms. Rosemarie Dennis, Finance Director, presented a request to consider Resolution R06-21 authorizing new signatories on the City investment and bank accounts.  As a result of recent staff changes, including the hiring of Ms. Dennis, new signatories are required by the banking institutions to allow appropriate staff to manage the funds.    

    Council Member McDonald moved to approve Resolution R06-21 and Council Member Hortenstine seconded the motion.  VOTE:  Four voted AYE.  Motion passed.

    (Mayor Gonzales rejoined the Council.)

  6. CONSIDER RESOLUTION R06-22 TO RENEW AND UPDATE INVESTMENT POLICY.
    Ms. Dennis presented Council with a request to consider Resolution R06-22 to update the investment policy for the City.  Texas law requires municipalities approve and renew their Investment Policy annually.  The only significant change to the policy is giving the Accountant the authority to serve as the Investment Officer in the absence of the Finance Director.

    Council Member Jez moved to approve Resolution R06-22 and Council Member McDonald seconded the motion.  VOTE:  Five voted AYE.  Motion passed.

  7. CONSIDER INTRODUCING ORDINANCE 2006-28 PROVIDING FOR PRO-RATA REIMBURSEMENT FOR A WASTEWATER LIN ON HIGHWAY 95.
    Mr. Salvato presented background information regarding this request to allow for the reimbursement of development costs for the wastewater line planned for the east side of Main Street (Highway 95) east of the HEB and Wal-Mart intersection at Carlos Parker Boulevard.  Previously, Council approved a development agreement with Caprock Development, Storefront Development and Whataburger to install a wastewater line and for the City to pay a portion of the costs.  This Ordinance, if approved, will give the City the ability to be reimbursed over a thirty-year period if and when further development occurs adjacent to the wastewater line.

    City Attorney Ted Hejl read the caption to Ordinance 2006-28 and Mayor Gonzales declared the Ordinance officially introduce.

  8. CONSIDER RESOLUTION R06-23 AUTHORIZING CONDEMNATION ACTION TO ACQUIRE EASEMENT ON PRIVATE PROPERTY DESCRIBED AS 0.032 ACRES AND/OR 1,402 SQUARE FEET IN THE JOHN PHARRASS SURVEY, ABSTRACT NO. 495, WILLIAMSON COUNTY, TEXAS FOR PUBLIC PURPOSE OF UTILITY IMPROVEMENTS.
    Mr. Salvato, City Manager, presented information regarding the process thus far undertaken in trying to acquire easements for properties located on Main Street (Highway 95) for a wastewater line.  Staff has worked diligently to acquire all but one easement in an effort to install a wastewater line for future development at this site.  All attempts with the last property owner have been unsuccessful and this resolution is a final effort to move forward at the risk of delaying the retail development any further.

    Council Member McDonald moved to approve Resolution R06-23 and Council Member Hortenstine seconded the motion.  VOTE:  Five voted AYE.  Motion passed.

  9. CONSIDER RESOLUTION R06-24 AUTHORIZING CONDEMNATION ACTION TO ACQUIRE EASEMENT ON PRIVATE PROPERTY DESCRIBED AS 4.76 ACRES AND/OR 207,126 SQUARE FEET IN THE JAMES C. EAVES SURVEY, ABSTRACT NO. 214, WILLIAMSON COUNTY, TEXAS FOR PUBLIC PURPOSE OF UTILITY AND DRAINAGE IMPROVEMENTS. 
    Mr. Salvato presented a request to Council to consider Resolution R06-24 regarding the acquisition of easement on private property for public utility and drainage improvements.  Previously, Council approved the design of a new wastewater interceptor for Mustang Creek.  With the design completed, staff has been working to secure easements from property owners and have been successful in obtaining all but one.  The last property is part of an estate settlement and the executor has thus far refused an offer of $12,500 for the wastewater and drainage easements.  The delay in obtaining this easement has resulted in a delay in completing the construction of the drainage improvements along Dickey Street. 

    Mayor Pro Tem Hill moved to approve Resolution R06-24 to begin condemnation proceedings but to also authorize the City Manager to continue negotiations.  Council Member McDonald seconded the motion.  VOTE:  Five voted AYE.  Motion passed.

ADJOURN
With no further business, Mayor Gonzales adjourned the meeting at 8:20 p.m.


                                                                                                     

                                                                                                      ___________________________

                                                                                                      Bernabe Gonzales, Mayor

ATTEST:

 

___________________________

Susan Brock, City Clerk