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The City Council of the City of Taylor met on October 24, 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:

 

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

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 OCTOBER 12, 2006.

2.      FINANCIALS FOR SEPTEMBER, 2006
Council Member Jez asked that the minutes be removed from the Consent Agenda for a correction.  Mayor Pro Tem Hill moved to approve the Consent Agenda item number 2, Financials for September, as presented and Council Member McDonald seconded the motion.  VOTE:  Five voted AYE.  Motion passed.

Council Member Jez requested that a correction be made to the October 12 minutes on item number one when the Minutes from September 26 were corrected to reflect that she made the initial motion, not Council Member McDonald.  Council Member Jez moved to accept the minutes with corrections as noted and Council Member McDonald seconded the motion.  VOTE:  Five voted AYE.  Motion passed.

REGULAR AGENDA – REVIEW/DISCUSS & CONSIDER/ACTION:
           

  1. PROCLAMATION;  TAYLOR BREAST CANCER WEEKEND.
    Council Member Jez read a proclamation naming October 28-29, 2006 as “Taylor Breast Cancer Weekend” as part of the National Breast Cancer Month program. In her absence, Ms.  Laverne Caldwell sent representatives to receive the document.

  2. CONDUCT PUBLIC HEARING AND CONSIDER INTRODUCING ORDINANCE 2006-29 ON CHANGES TO FUTURE LAND USE MAP DUE TO ANNEXATION.
    Mr. John Elsden, City Planner, requested that Council pass on this item and reschedule the Public Hearing due to an error in the parliamentary procedure of the Planning and Zoning Commission meeting held in October.  This item will be brought back to Council at a later date.

  3. CONSIDER AGREEMENT WITH CAPCOG FOR MUTUAL AID SERVICES.
    Jon Fontentot, Interim Fire Chief, presented a request to Council to consider an agreement with CAPCOG for mutual aid services.  Ms. Juliette Brown, Director of Homeland Security for CAPCOG, provided an overview of revisions to the original agreement of 2002.  The agreement addresses a system to request, locate, and mobilize local government resources within the CAPCOG ten county region in response to an emergency situation within any of those counties.  Ms. Brown stated that the major changes made were regarding the issues of supervision and jurisdiction at the site, liability, and who pays the costs of providing the service.      

    Council Member McDonald moved to approve the agreement with CAPCOG for Mutual Aid Services and Council Member Jez seconded the motion.  VOTE: Five voted AYE.  Motion passed. 

  4. CONSIDER REPLACEMENT OF VOICE RECORDING SYSTEM FOR TAYLOR POLICE DEPARTMENT WITH REIMBURSEMENT OF FUNDS BY CAPCOG. 
    Jeff Straub, Chief of Police, presented a request to Council to purchase a replacement digital recording device system for the 911 emergency service.  The current Dictaphone equipment is no longer serviceable, not under warranty and nearly seven years old.  CAPCOG has generously agreed to reimburse the City for 100% of the costs to replace the equipment and to also cover the maintenance contract costs.  
     
    Mayor Pro Tem Hill moved to approve the purchase of new voice recording equipment with costs not to exceed $14,923.70 and to be reimbursed by CAPCOG and Council Member Hortenstine seconded the motion.  VOTE:  Five voted AYE.  Motion passed.

  5. CONSIDER RESOLUTION R06-26 DIRECTING THE PUBLICATION OF NOTICE OF INTENTION TO ISSUE CITY OF TAYLOR, TEXAS COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, SERIES 2006, IN AN AMOUNT NOT TO EXCEED $4,200,000; AND APPROVING OTHER MATTERS RELATED THERETO.   
    Mr. Dunaway presented a request to consider Resolution R06-26 to officially give notice of the City’s intent to issue $4.2 million dollars for the improvements to water and wastewater lines surrounding the new fire station, library furnishings, construction of the Mustang Creek Wastewater Interceptor, and the design of the Upper Pressure Plane.  Representatives from First Southwest were also present to respond to any questions.  Ms. Jennifer Douglas distributed charts to Council illustrating the tax supported debt and water and sewer supported debt with and without restructuring for comparison.

    Council Member Hortenstine moved to approve Resolution R06-26 and Council Member McDonald seconded the motion.  VOTE:  Five voted AYE.  Motion passed.

  6. CONSIDER RESOLUTION R06-27 EXPRESSING OFFICIAL INTENT TO REIMBURSE CERTAIN EXPENDITURES OF THE CITY OF TAYLOR, TEXAS.
    Mr. Dunaway presented Council with a request to consider Resolution R06-27 to allow for the reimbursement of any costs incurred prior to receiving the proceeds from this issue in mid to late December.  Staff expects many of these projects to begin immediately after issuance.

    Council Member McDonald moved to approve Resolution R06-27 and Mayor Pro Tem Hill seconded the motion.  VOTE:  Five voted AYE.  Motion passed.

  7. CONSIDER QUARTERLY REPORT FROM TAYLOR CHAMBER OF COMMERCE.
    Ms. Shanta Kuhl, President, Taylor Chamber of Commerce presented Council with revised information on the Itemized Profit & Loss Report that accompanied her quarterly report.  The budget report as submitted reflected a balance of approximately $3,700.  

    Council Member Jez moved to accept the Quarterly Report as presented and Council Member McDonald seconded the motion.  VOTE:  Five voted AYE.  Motion passed.

  8. CONSIDER REQUEST FROM THE TAYLOR CHAMBER OF COMMERCE FOR APPROVAL TO EXPEND ADDITIONAL HOTEL/MOTEL FUNDS.
    Ms. Kuhl presented a request to Council to consider a list of items to be approved for payment with the additional funds anticipated to be received during the final quarter.  The agreement between the City and the Taylor Chamber of Commerce states that if funds received exceed the amount budgeted, the Chamber must get prior approval of the City before they can be spent.  Following much discussion, Council Member Hortenstine moved to approve the additional funds to be spent as follows:  $4,000 for the General Fund transfer and $6,000 for Lights of the Blackland with the remaining funds to be placed in a reserve fund.  Council Member Jez seconded the motion.  VOTE:  Five voted AYE.  Motion passed.

  9. DISCUSS AND PROVIDE DIRECTION AND/OR CLARIFICATION OF INTENT AND CONSIDER AMENDING ORDINANCE 2002-1, THROUGH TRUCK ROUTE. 
    Mr. Salvato presented a request to Council to review the Through Truck Ordinance 2002-1 with regard to intent of the ordinance.  Two local residents who also drive large trucks were present in the audience to respond to this issue.   Mr. Ted Hejl, City Attorney, believes the original intent was to keep “through trucks” with no stops in town off the City streets as much as possible.  Police Chief Jeff Straub reported that so far this year officers have stopped 468 trucks and issued 172 citations to drivers in violation of the Ordinance. 

    During the discussion questions arose as to how to best define “local” trucks and what the phrase “shortest distance practical” means.   Mr. Wilbert Vorwerk expressed safety concerns for entering and exiting the loop at Highway 95 and was told that issue had been addressed with the Texas Department of Transportation on numerous occasions with little or no response.

    Council elected to pass on any action on this item with further discussion to continue in a workshop setting. 

  10. CONSIDER HIGHER CLASS PAY FOR POLICE AND FIRE AND MINIMUM STAFFING FOR FIRE.
    Mr. Salvato presented a request from the fire department to consider establishing a minimum staffing at each Fire Station.  Currently, the Fire Department maintains a minimum of three personnel at each station.  The request is to define minimum staffing as one Officer, one Driver and one Fire Fighter at each station.  If approved, it would automatically require approving higher classification pay. 

    Higher classification pay occurs when a Lieutenant or Driver is absent from work and the next lower classification “steps up” to perform the duties of that higher position.  Counsel interprets Sections 141.034 and 143.038 of the Local Government Code for higher classification pay to be paid “during the time the person performs the duties”.  Fire fighters interpret this to mean during the entire 24 hour shift.  Staff estimates that this change to Fire department personnel would increase their budget by $6,000.  If approved, both fire and police departments would be included in the change. Council expressed concern that this issue was not addressed during the budget process.

    Council Member Hortenstine moved to approve pay step up only when performing the duties and Mayor Pro Tem Hill seconded the motion.  VOTE:  Five voted AYE.  Motion passed.

  11. CONSIDER AWARDING BID FOR SEWER LINE ON HIGHWAY 95 (NORTH MAIN STREET).
    Mr. Dunaway presented a request to consider awarding the bid for the sewer line on Highway 95.  Six bids were received with the low bid of $237,606.00 from Keystone Construction, Inc. of Austin.  Keystone has an impressive list of references and when checked, there were no negative comments regarding their quality of work or their fairness in negotiating change orders.  The alternate bid includes installing 195 linear feet of 8” wastewater line across the Storefront Development site for the developer’s benefit and cost will be paid by the developer. 

    Council Member Hortenstine moved to award the bid to Keystone for $237,606 with the alternate bid of $20,753 to be paid by the developer and to include approval for contingency funds up to a total of $250,000.  Council Member McDonald seconded the motion.  VOTE:  Five voted AYE.  Motion passed.

  12. CONSIDER ADJUSTING THE T-HANGAR RENTAL FEES AT THE TAYLOR MUNICIPAL AIRPORT.
    Mr. vanTil presented a request from the Airport Advisory Board to consider adjusting the rental fees for the T-Hangars at the Municipal Airport.  Historically, rent adjustments have been made to go into effect by November 1.  Staff surveyed surrounding airports for comparable rents and adjustments have been made to reflect the August Consumer Price Index. 

    Council Member Jez moved to accept the recommendation of the Airport Advisory Board and increase the rental fees for T-Hangars by 3.9% with a $5.00 overnight fee for those not purchasing fuel effective December 1, 2006.  Council Member McDonald seconded the motion.  VOTE:  Five voted AYE.  Motion passed.

  13. CONSIDER RESOLUTION R06-25 REQUESTING SUPPORT FOR INCREASED FUNDING FOR THE TEXAS RECREATION AND PARKS ACCOUNT LOCAL PARK GRANT PROGRAM AND THE TEXAS STATE PARK SYSTEM.
    Mr. Dunaway presented a request from the Texas Parks and Wildlife Department for the City to adopt a Resolution in support of increased funding for the Texas Recreation and Parks Account (TRPA) which provides grant funding for parkland acquisition and development.  Funding for this program has been cut dramatically from $15.5 million to $5 million during the last two legislative sessions.  The City of Taylor has been fortunate to receive several park development grants through this program.  This Resolution is a request for the 80th Legislature to restore funding to the program.

    Council Member McDonald moved to approve Resolution R06-25 and Mayor Pro Tem Hill seconded the motion.  VOTE:  Five voted AYE.  Motion passed.

    (Council Member McDonald recused himself for discussion on the next agenda item.)

  14. CONSIDER MUTUAL RELEASE AGREEMENT WITH LENNAR HOMES.
    Mr. vanTil presented a request for Council to consider a mutual consent agreement with Lennar Homes to reestablish building requirements within the Mallard Park subdivision.  The original agreement from 2003 placed restrictions on nineteen specific lots to be a minimum of 8,000 square feet with homes no smaller than 1,600 square feet.  To date, five homes are either completed or already under construction that do not meet these restrictions.  This agreement will allow Lennar to continue to finish these homes but  keep the remaining fourteen lots and homes within the original restrictions. 

    Mayor Pro Tem Hill moved to approve the Mutual Release Agreement with Lennar Homes as presented and Council Member Jez seconded the motion.  VOTE:  Four voted AYE.  Motion passed.

    (Council Member McDonald rejoined the meeting.)

  15. REVIEW COMPREHENSIVE PLAN AND CONSIDER REPRIORITIZATION OF PRIORITIES.
    Within the Strategic Plan, Goal 7 asks staff to “implement existing plans” and “review the priorities established in the Comprehensive Plan”.  Mr. vanTil presented an Implementation Table that relates the priorities of the Comprehensive Plan to the priorities of the Strategic Plan’s action items.  Council expressed their appreciation for providing such a thorough review of the plans and agreed to begin to review the Strategic Plan in January.

    Council Member McDonald moved to approve the Comprehensive Plan as merged with the Strategic Plan and Council Member Jez seconded the motion.  VOTE:  Five voted AYE.  Motion passed.

  16. CONSIDER APPOINTMENT TO AIRPORT ADVISORY BOARD.
    Mr. vanTil informed the Council that there is currently one vacancy on the Airport Advisory Board and two applicants.  The Airport Advisory Board met and reviewed the applications received and has forwarded their recommendation to Council to appoint Mr. Dabbs to fill the vacancy created by the resignation of David Tietz.  Mr. Dabbs is currently a student at Texas A&M in College Station but told Board members that he is confident that he will be able to attend the meetings and hopes to make a valuable contribution to the Board.

    Council Member Jez moved to appoint Mr. Dabbs to a three-year term and Mayor Pro Tem Hill member seconded the motion.  VOTE: Five voted AYE.  Motion passed.

19.  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 it’s City Attorney on a matter regarding the Shallow Ford Contract and 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 9:05 pm.  Council returned to Chambers at 9:36 pm and Mayor Gonzales announced that no action was taken during         Executive Session. 

ADJOURN
With no further business, Mayor Gonzales adjourned the meeting at 9:37 p.m.


                                                                                                     

                                                                                                      ___________________________

                                                                                                      Bernabe Gonzales, Mayor

ATTEST:

 

___________________________

Susan Brock, City Clerk