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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
Chief Jeff Straub led the group in prayer.
PLEDGE OF ALLEGIANCE
Mr. Sammy Williams requested time to address the Council
at this meeting but was not present.
MINUTES FROM DECEMBER
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
1. MINUTES FROM DECEMBER, 14,
Council Member McDonald asked that the Minutes for December 14 be
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.
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
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.
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.
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.
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.
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.
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
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
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
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
15. CONSIDER ACTION FROM
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.
With no further business, Mayor Gonzales adjourned the meeting at 8:43 p.m.
Susan Brock, City Clerk