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The City Council of the City of Taylor met on January 11, 2007, 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

Mr. Sammy Williams requested time to address the Council at this meeting but was not present.

CONSENT AGENDA

1.      MINUTES FROM DECEMBER 14, 2006.

2.      FINANCIALS FOR NOVEMBER, 2006.
Council Member McDonald asked to have the Minutes removed from the Consent Agenda for corrections.  Mayor Pro Tem Hill moved to approve the Financials for November, 2006 on the Consent Agenda as presented and Council Member McDonald seconded the motion.  VOTE:  Five voted Aye.  

REGULAR AGENDA – REVIEW/DISCUSS & CONSIDER/ACTION:
           

1.  MINUTES FROM DECEMBER, 14, 2006.
     Council Member McDonald asked that the Minutes for December 14 be corrected as 
     follows:  Item number 14 change the name of the land owner from Roy Schroeder to Wayne
     Schroeder and on Item number 21 to delete the words “and to allow” and replace with  the           phrase “in return for” regarding the temporary construction easement.  Council Member   McDonald moved to accept the minutes as corrected and Council Member Hortenstine   seconded the motion.  VOTE:  Five voted AYE.  Motion passed.

3.      PROCLAMATION;  MARTIN LUTHER KING, JR. DAY.
Mayor Gonzales read the proclamation for Martin Luther King, Jr. Day, January 15, 2007.  Pastor Watson arrived late during the meeting and accepted the document when he arrived. 

4.      ConSIDER UPDATE FROM THE BRAZOS RIVER AUTHORITY (bra) REGARDING WATER PLANT EXPANSION, WATER CONTRACTS, AND PROPOSED PROJECTS. 
Mr. Dunaway introduced Mr. David Collinsworth with the BRA who presented an overview on current and future projects of the BRA.  He noted that the expansion of the water treatment plant is underway and has an estimated completion date of February 2008.  He also listed the proposed relocation of the intake site to a deeper part of the lake and the Pool Rise project planned for Lake Granger to increase the availability of water to customers.  The construction of a storage reservoir at the Lake Granger plant site is almost complete and is designed to provide approximately 40 million gallons of water to be on hand in the event of an immediate need for additional water.  This allows the silt in the water collected to settle and decreases the need for additional filtration, a cost saving and preventive measure.

This item was for information and no action was taken.

5.      CONDUCT PUBLIC HEARING AND CONSIDER APPLICATION FOR A SPECIFIC USE PERMIT TO ALLOW A CUSTOM MANUFACTURING AND ASSEMBLY SHOP IN THE B-1 DISTRICT AT 120 PORTER STREET, FLYRITE CHOPPERS.
Mr. John Elsden, City Planner, presented a request to Council to review an application for Flyrite Choppers to locate a business at 120 Porter Street. 

Mayor Gonzales declared the Public Hearing open.  Dr. John Nelson, Director of the Taylor Economic Development Commission, was present and reported the possibility of additional sales tax from this business.  Mr. Elsden reported that the Planning and Zoning Commission approved the application at their meeting on January 9.  With no further discussion, the Public Hearing was closed.  Mayor Pro Tem Hill moved to approve the application for a specific use permit for Flyrite Choppers to locate at 120 Porter Street and Council Member McDonald seconded the motion.  VOTE:  Five voted AYE.  However, due to an error in posting the agenda, the Council was not permitted to introduce the Ordinance necessary for the zoning change and the introduction of the Ordinance was rescheduled for the next Council meeting on January 23, 2007.

6.      CONSIDER AGREEMENT WITH KB HOMES REGARDING ENGINEERING INSPECTION FEES.
Mr. Elsden presented historical information leading up to a proposed agreement with KB Homes.  The Northpark development approved by Council in September, 2002 has since been populated with KB Homes.  Council approved a fee schedule for engineering and inspection fees in October, 2002 and KB Homes requested that they not be required to pay these fees since their development was approved prior to the City’s adoption of the new fees.  However, Local Government Code clearly states that fees in conjunction with development permits are exempt from vesting rights.  In August, 2006, when it became apparent that none of the required engineering and inspection fees were ever invoiced or collected for this project, the City billed KB Homes for $196,335.39.  With a majority of these lots already sold and built out, KB Homes offered to pay a portion of these fees based on the number of lots remaining with no development.  The City has since reached and agreement with KB to pay the engineering and inspection fees on these remaining lots for an amount of $67,250.  Additionally, KB Homes will pay fees for Phase 3A totaling $26,218.18 and future fees for Phases 3B, 5 and 6. 

In an effort to correct this problem from in future development projects Staff has created a Development Approval Process Checklist with all the details, steps and costs that may be incurred during development.  Additionally, the City Planner has been designated as the Development Review Coordinator to insure a single person is responsible for reviewing all development occurring within the City and to collect the required fees.  Mr. Chip Boyd with KB Homes was present and thanked the Council and staff for working so diligently to reach a fair compromise in this agreement.

Council Member Jez moved to approve the agreement with KB Homes and to collect $67,250.00 in fees and Council Member McDonald seconded the motion.  VOTE:  Five voted AYE.  Motion passed.

7.      CONSIDER PURCHASES FOR THE FIRE DEPARTMENT WITH FUNDS FROM FIREMEN’S FUND INSURANCE GROUP GRANT AND A GRANT FROM WAL-MART.
Jon Fontenot, Interim Fire Chief, presented a request for permission to use grant funds received to purchase specific items for the new Central and the Northwest Fire Stations.  Recently the Fire Department received a $10,000 grant from the Firemen’s Fund Insurance Group and the firefighters are recommending the purchase of a thermal imaging camera with these funds.  An additional $2,000 in grant monies were received from Wal-Mart and the firefighters are requesting approval to purchase a television for the living area in the new station and to purchase new carpet for the Northwest station.  

Council Member McDonald moved to approve the purchases for the Fire Department as presented and Council Member Jez seconded the motion.  VOTE:  Five voted AYE.  Motion passed.

8.      CONSIDER AWARDING BID ON GLADNELL PROPERTY.
Mr. Bob vanTil, Director of Community Development, presented the results of a bid proposal for property located on Gladnell Street.  On October 12, 2006 Council authorized staff to put the property out for bid with a minimum acceptable bid of $5,000.  Council also agreed that proceeds from the sale would be added back to existing land sale park funds.

Only one bid was received for $20,000 from the adjacent property owners, Mr. and Mrs. Steven Scruggs who live at 2304 Gladnell.  In order to clarify any future use of the land information regarding use restrictions for the property was included in the bid proposal in addition to a letter sent to Mr. and Mrs. Scruggs detailing the fact that there is an intermediate gas line and easement that is situated across the lot and any building or construction on this property will be severely restricted.
 
Mayor Pro Tem Hill moved to award the bid to Mr. Steven and Mrs. Cheryl Scruggs for $20,000 and Council Member McDonald seconded the motion.  VOTE:  Five voted AYE.  Motion passed.

9.      CONSIDER RESOLUTION R07-1 TO SET PUBLIC HEARING DATE FOR ROADWAY LAND USE ASSUMPTIONS, A CAPITAL IMPROVEMENTS PLAN, AND THE IMPOSITION OF AN IMPACT FEE FOR ROADWAY CAPACITY IMPROVEMENTS.
Mr. Elsden provided an updated calendar to Council which includes a Public Hearing set by Resolution.  Based on the schedule provided by Ms. Mickey Fishbeck, the recommended date for a Public Hearing is February 27, 2007.

Council Member McDonald moved to approve Resolution R07-1 setting the date of February 27, 2007 for a public hearing on roadway land use assumptions, a capital improvements plan, and the imposition of an impact fee for roadway capacity improvements.  Council Member Hortenstine seconded the motion.  VOTE:  Five voted AYE.  Motion passed.


 

10.  CONSIDER REVIEW OF BID AWARD FOR DOWNTOWN STREETSCAPE PROJECT.
Mr. Casey Sledge, consulting City Engineer, provided information on the Texas Department of Transportation (TxDOT) Streetscape project bid opening that occurred on January 10.  Mr. Sledge provided a detailed breakdown of bids submitted and the alternate deductions that had been determined by Council prior to the bid opening.  With no alternate amounts included and only the base bid under consideration, all bids were over the amount budgeted.  In order to proceed with the project TxDOT has requested that the City provide direction regarding additional funding needed.  Ms. Claire Maxwell, President of the Taylor Conservation and Heritage Society, urged the Council to approve the additional funds needed to move this project forward for the betterment of the entire community.  She stressed the need for an attractive and viable downtown area to attract visitors and businesses as well as to preserve the area recently designated on the National Register of Historic Places. 

After much discussion and various suggestions, Council Member Jez moved to support the bid award to the low bidder Knish for $116,096.38 to come from the General Fund Reserves and Mayor Pro Tem Hill seconded the motion.  VOTE:  Five voted AYE.  Motion passed.

11.  CONSIDER INTRODUCTION OF ORDINANCE 2007-1 REGARDING THE VOTING DISTRICTS OR PRECINCTS AND RECENTLY ANNEXED PROPERTY.
Ms. Susan Brock, City Clerk, provided Council with information regarding the recently annexed properties and the need to designate these properties within the City Election precinct system.  Mr. Ted Hejl, City Attorney, had previously obtained clearance from the Department of Justice regarding the addition of these properties into Precinct 2 and the Ordinance is to ensure that the city has taken all appropriate steps to altering the voting map for the City in time for the May, 2007 election.

With no further discussion, Mayor Gonzales declared Ordinance 2007-1 officially introduced.

12.  CONSIDER APPOINTMENTS TO THE COMPREHENSIVE PLAN IMPLEMENTATION COMMITTEE.
Mr. Elsden presented a request for Council to each submit a candidate to serve on the Comprehensive Plan Implementation Committee.  This Committee will be responsible for ensuring the Comprehensive Plan is reviewed on a regular basis and that any future development fits within the guidelines of the original Plan.  Ideally, members should include representatives from healthcare, economic development, education, transportation, faith-based, business, and non-profit organizations.  

Committee appointments will be for a three year period, unless otherwise denoted by Council or the committee members.  Plans are for members to meet between two and four times per year, or as needed depending on the tasks that need to be performed by the group.

In addition to those names submitted by Mr. Elsden, the following candidates were submitted by each Council Member for consideration:

Don Hill submitted Michael Harrel
Ella Jez submitted Joel O’Shoney
Rod Hortenstine submitted Bill Maxwell
John McDonald submitted Scott Green
Benito Gonzales requested permission to submit a name at a later date

Council Member McDonald moved to appoint those members as submitted and Mayor Pro Tem Hill seconded the motion.  VOTE:  Five voted AYE.  Motion passed.

13.  CONFIRM APPOINTMENT BY CITY MANAGER OF MR. BRUCE WATSON AS FIRE CHIEF.
Mr. Salvato presented a request for Council to confirm his appointment of Mr. Bruce Watson as Fire Chief.  Civil Service regulations require all upper level appointments be approved by the governing body.

Council Member Hortenstine moved to confirm the appointment by the City Manager of Mr. Bruce Watson as Fire Chief and Mayor Pro Tem Hill, Council Members Jez, McDonald, and Mayor Gonzales all seconded the motion.  VOTE:   Five voted AYE.  Motion passed.

14.  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 consult with City attorney regarding pending litigation and condemnation proceedings for Sorenson and Martinka properties.

Mayor Gonzales recessed the open meeting and moved into closed session at 7:21 pm.

15.  CONSIDER ACTION FROM EXECUTIVE SESSION.
Mayor Gonzales called the meeting back to open session at 8:42 pm and announced that no action had taken place during the closed meeting.
                       

ADJOURN
With no further business, Mayor Gonzales adjourned the meeting at 8:43 p.m.


                                                                                                     

                                                                                                      ___________________________

                                                                                                      Bernabe Gonzales, Mayor

ATTEST:

 

___________________________

Susan Brock, City Clerk