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The City Council of the City of Taylor met on May 22, 2007 at City Hall, 400 Porter St., Taylor, Texas.  Mayor Bernabe Gonzales declared a quorum (Council Member Rod Hortenstine was absent) 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 Ella Jez                                     Assistant City Manager, Jim Dunaway

Council Member John McDonald                       City Attorney, Ted Hejl

                                                                             City Clerk, Susan Brock

INVOCATION

Mayor Pro Tem Hill led the group in prayer.

 

PLEDGE OF ALLEGIANCE

 

CITIZENS COMMUNICATION

No citizens came forward during this time. 

CONSENT AGENDA

1.      MINUTES FROM MAY 10, 2007.

2.      CONCUR WITH FINANCIALS FOR APRIL, 2007
Council Member McDonald requested the minutes be removed from the Consent Agenda for corrections.  Mayor Pro Tem Hill moved to approve the Financials, Item number two on the Consent Agenda as presented and Council Member McDonald seconded the motion.  VOTE:  Four voted AYE.  Motion passed.  

MINUTES FROM MAY 10, 2007.
Council Member McDonald asked that item number 8 from the May 10 minutes be amended to read as follows:  “The agreement is for current use with a new version to be developed when the East Williamson County Park is completed and available for scheduling of events.”  Council Member McDonald moved to approve the minutes with corrections and Mayor Pro Tem Hill seconded the motion.  VOTE:  Four voted AYE.  Motion passed.

REGULAR AGENDA – REVIEW/DISCUSS & CONSIDER/ACTION:
           

3.      ADMINISTER OATH OF OFFICE TO COUNCIL MEMBERS DONALD R. HILL AND ELLA PUMPHREY JEZ.    
Susan Brock, City Clerk, administered the Oath of Office to unopposed candidates Donald R. Hill and Ella Pumphrey Jez for Districts 1 and 4, respectively.  The Mayoral Election will take place at the next Council Meeting, June 14th when all Council Members are present.

4.      PROCLAMATION: AUSTIN AND LACEY THACKER WEEK, MAY 27-june 2, 2007. 
Mayor Gonzales presented a proclamation to the Thacker Family recognizing their struggle with Batten Disease and proclaiming the week of May 27-June 2, 2007 as “Austin and Lacey Thacker Week”. 

5.      CONDUCT PUBLIC HEARING AND CONSIDER INTRODUCTION OF ORDINANCE 2007-12 AMENDING THE SUBDIVISION ORDINANCE REGARDING STREET LIGHTS, FINAL PLAT EXPIRATION DATE, RIGHT OF WAY MANAGEMENT AND DRAINAGE MAINTENANCE.
Mr. John Elsden presented a request to consider amending the current Subdivision Ordinance with attention to several items including: street lighting, final plat expiration date, right of way management, and stormwater drainage maintenance.  Mr. Elsden stated that these changes are necessary to update the ordinance to clarify these specific areas of interest for any new development.  Council Member Jez asked that consideration for green space or parks be added and Council Member McDonald would like to see underground utilities also be considered.

Mayor Gonzales declared the Public Hearing open.  No citizens came forward and Mayor Gonzales declared the Public Hearing closed and with no further discussion Mr. Hejl read the caption to Ordinance 2007-12:

ORDINANCE NO. 2007-12

 

AN ORDINANCE OF THE CITY OF TAYLOR, TEXAS, AMENDING ORDINANCE 2003-33 THE TAYLOR SUBDIVISION ORDINANCE, BY ADDING LANGUAGE FOR STORMWATER DRAINAGE FACILITIES MAINTENANCE, INSTALLATION OF STREET LIGHTING, FINAL PLAT EXPIRATION, AND WORK WITHIN CITY RIGHT OF WAY; AND PROVIDING A SAVINGS CLAUSE.


 Mayor Gonzales declared Ordinance 2007-12 officially introduced.
 

6.      CONDUCT PUBLIC HEARING AND CONSIDER INTRODUCTION OF ORDINANCE 2007-14 AMENDING THE ZONING ORDINANCE REGARDING RETAIL IN M-1 ZONING DISTRICT.
Mr. Elsden presented a request to consider a zoning change that would allow retail sales in the M-1 (Light Industrial) Districts.  The current owner of Wooden Hearts Antiques located at 105 Vance Street has a wholesale business, workshop, and a residence in a three story building.  At one point, he had also considered selling his antiques from this site but was informed that retail sales were not allowed under the Light Industrial zoning of his property.  Since that time, staff has researched the topic and discovered that a majority of cities in Texas do allow retail sales in their light industrial districts.    

Mayor Gonzales declared the Public Hearing open.  No citizens came forward and Mayor Gonzales declared the Public Hearing closed and Mr. Hejl read the caption to Ordinance 2007-14:           

ORDINANCE NO. 2007-14

 

AN ORDINANCE AMENDING ORDINANCE 2001-17 ADOPTED BY THE CITY OF TAYLOR, TEXAS ON APRIL 24, 2001 AS HERETOFORE AMENDED, BY AMENDING CHAPTER 3, TABLE 3.8, BY ALLOWING THE USE RETAIL SALES TO BE AN ALLOWED USE IN THE M-1 DISTRICT.


 With no further discussion, Mayor Gonzales declared Ordinance 2007-14 officially introduced.

7.      CONSIDER AUTHORIZATION OF LETTER OF AGREEMENT BETWEEN EVEN START AND TAYLOR PUBLIC LIBRARY.
Ms Karen Ellis, Library Director, presented a request to consider authorizing the Library to enter into an agreement with the Even Start Family Literacy Program of the Taylor Independent School District (TISD).  This agreement is a necessary part of their federal grant application.  Even Start is a family literacy program which teaches literacy to young families.  The Library provides special programming through class visits and tours of the library and special storytimes.

Council Member McDonald moved to approve the letter of agreement as presented and Council Member Jez seconded the motion.  VOTE:  Four voted AYE.  Motion passed.

8.      CONSIDER PROFESSIONAL SERVICES AGREEMENT WITH FREESE AND NICHOLS, INC. FOR THE PREPARATION OF CONSTRUCTION PLANS AND SPECIFICATIONS FOR THE REPAIR OF THE MURPHY PARK LAKE DAM REPAIRS. 
Mr. Jim Dunaway, Assistant City Manager, presented a request to approve an agreement with Freese and Nichols for design services to begin the repairs to the Murphy Park Lake dam.  The dam was damaged during a heavy rain storm earlier in the year and the site has been surveyed, as well as the adjacent property.  A request for federal funding was denied and staff is now asking to proceed with the repairs to the dam. 

Mayor Pro Tem Hill moved to approve agreement with Freese and Nichols for an amount not to exceed $45,000 and Council Member McDonald seconded the motion.  VOTE:  Four voted AYE.  Motion passed.

9.      CONSIDER ENGINEERING AND CONSULTING PROPOSAL AND WORK AUTHORIZATION NO. 1 FROM KSA ENGINEERS, INC. FOR WASTEWATER MANHOLE REHABILITATION PROJECT.
Mr. Dunaway presented a request to consider a proposal from KSA Engineering to provide engineering services necessary to identify corrective measures prior to bidding the manhole rehabilitation project.  This project is in response to a mandate from the Texas Commission on Environmental Quality to make necessary repairs to our system to correct the amount of infiltration/inflow entering into our wastewater system.  Mr. Salvato issued a request to consider prioritizing the manholes along the creeks as the first to be repaired and most critical need at the current time.   

Council Member McDonald moved to accept the proposal and work authorization as presented not to exceed $15,750 and to come from the Utility Administration Fund for Engineering Services 340-701-512.  Council Member Jez seconded the motion.  VOTE:  Four voted AYE.  Motion passed.

 

10.  CONSIDER AGREEMENT WITH BWM FOR DESIGN SERVICES OF PHASE II OF THE EAST WILLIAMSON COUNTY PARK PROJECT.
Mr. Dunaway presented an agreement for consideration between BWM and the City for design services of the East Williamson County Park improvement project.  The scope of the original project has been expanded and has resulted in a slight increase in costs.  Some of the items that have been added or upgraded include shade structures, increased parking, upgrading fields from youth to championship level, and the option to add underground drainage to the fields.  

Council Member McDonald moved to approve the agreement as presented not to exceed $430,850 from the sale of parkland funds and to cancel Authorization No. 4 and approve Work Order No. 3.  Mayor Pro Tem Hill seconded the motion.  VOTE:  Four voted AYE. Motion passed.

11.  CONSIDER PROFESSIONAL SERVICES AGREEMENT WITH BRYAN TECHNICAL SERVICES, INC. FOR HOLLY SPRINGS DRAINAGE CHANNEL SURVEY. 
Mr. Dunaway presented an agreement with Bryan Technical Services for survey services for the Holly Springs drainage canal project.  Over the years the channel between Holly Springs and Velma Streets has eroded causing some damage to the properties backing up to the channel.  However, in order to proceed with any corrective action, staff is recommending an accurate survey of the property lines to establish easements before proposing a solution to the problem.

Ms. Joan Harvey, 305 Velma, was present and expressed her appreciation to the Council for taking action on this issue.  She also made a plea to consider not using concrete in the drainage canal but something more natural, rock or crushed stone to discourage skateboarders from using the area.  

Mayor Pro Tem Hill moved to approve the agreement with BTS as presented not to exceed $8900 from the Public Works Administration and Engineering Services account 100-561-512.  Council Member Jez seconded the motion.  VOTE:  Four voted AYE. Motion passed.

12.  CONSIDER PARTICIPATING IN THE WAYNE WRIGHT CHARITABLE CAMPAIGN “BE ALARMED: SMOKE ALARMS IN EVERY HOME” PROGRAM.
Bruce Watson, Fire Chief, presented a request to Council to consider participating in a program that would provide free smoke detectors to residents in Williamson County.  The law office of Wayne Wright sponsors a campaign known as “Be Alarmed” where his firm donates the smoke detectors and local fire departments assist in installing the equipment in the homes of those in need.   Applicants contact the fire department to arrange a date and time for installation and fire personnel visit the home, install the alarm, and provide safety information to the resident reminding them to replace the battery at least once a year.

Council Member Jez moved to agree to participate in the program and Mayor Pro Tem Hill seconded the motion.  VOTE:  Four voted AYE.  Motion passed.

13.  CONSIDER INTRODUCTION OF ORDINANCE 2007-15 ABANDONING ALLEYS ON FIRE STATION PLAT.
Mr. John Elsden presented a request to consider abandoning the alley that runs between Elliot and Washburn Streets where the new fire station is built.  There are no City utilities located in this alley and staff recommends it abandonment to prevent any other utilities being placed in this area. 

Mayor Gonzales asked Mr. Hejl to read the caption for Ordinance 2007-15:

ORDINANCE NO. 2007-15

 

AN ORDINANCE FOR THE CITY OF TAYLOR, TEXAS VACATING THE SOUTH HALF OF A 20’ WIDE ALLEY LOCATED WITHIN BLOCK 12 OF THE CITY OF TAYLOR, TEXAS, AS PLATTED IN CABINET A, SLIDE 186 PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, BEING APPROXIMATELY 2,680 SQUARE FEET OR 0.062 ACRES; AND PROVIDING  A SAVINGS CLAUSE.


With no further discussion, Mayor Gonzales declared Ordinance 2007-15 officially introduced.

14.  CONSIDER INTRODUCTION OF ORDINANCE 2007-16 ABANDONING ALLEY AND RIGHT OF WAY ON NEW LIBRARY PLAT.
Mr. John Elsden presented a request to consider abandoning the alley that runs between Vance and Fowzer Streets where the new library is built.  A 15’ Public Utility Easement will be dedicated in this alley as part of the platting process.  Staff is also recommending abandonment of a portion of West Eighth Street with a wastewater easement and public utility easement. 
 

ORDINANCE NO. 2007-16

 

AN ORDINANCE FOR THE CITY OF TAYLOR, TEXAS VACATING A PORTION OF WEST 8TH STREET BETWEEN VANCE STREET AND FOWZER STREET AND A PORTION OF THE 20’ WIDE ALLEY LOCATED IN BLOCK 3, DICKSON’S FIRST ADDITION.


With no further discussion, Mayor Gonzales declared Ordinance 2007-16 officially introduced.

15.  CONSIDER REINTRODUCTION OF ORDINANCE 2006-28 PROVIDING FOR PRO-RATA REIMBURSEMENT FOR A WASTEWATER LINE ON HIGHWAY 95.
Mr. vanTil presented background information regarding this Ordinance that was introduced last year but not adopted.  At the time of the original introduction not all the developers involved had agreed to participate therefore making it difficult to provide accurate costs estimates for each participant.  Since that time, the line has been substantially completed and two of the three original developers have agreed to pay a pro-rata share of the new line which is approximately $3,600 per acre.


REIMBURSEMENT ORDINANCE NUMBER 2006-28

 

PROVIDING A PRO RATA REIMBURSEMENT TO THE CITY FOR A  WASTEWATER COLLECTION LINE (“LINE”) CONSTRUCTED UNDER A DEVELOPERS’ AGREEMENT (“AGREEMENT”) WITH STOREFRONT TAYLOR MARKETPLACE LLC, (“STOREFRONT”),  AND WHATABURGER, INC., (“WHATABURGER”),  REFERENCED AS “DEVELOPERS” WITHIN THIS ORDINANCE; PROVIDING A METHOD OF PRO RATA REIMBURSEMENT TO THE CITY FOR THE CONSTRUCTION CHARGES OF THE LINE CONSTRUCTED BY THE CITY WHICH COSTS ARE NOT PAID BY THE DEVELOPERS; PROVIDING A METHOD OF ENFORCING PAYMENT OF THE PRO RATA CHARGES; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES INCONSISTENT AND CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY SO THAT ANY PERSON, FIRM OR CORPORATION VIOLATING ANY OF THE PROVISIONS OR TERMS OF THIS ORDINANCE SHALL BE GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE SUBJECTED TO A FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE, EXCEPT WHERE A DIFFERENT PENALTY HAS BEEN ESTABLISHED BY STATE LAW FOR SUCH OFFENSE, AND FOR ANY VIOLATION OF ANY PROVISION WHICH GOVERNS FIRE SAFETY, ZONING OR PUBLIC HEALTH OR SANITATION, WHICH SHALL BE PUNISHED BY A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND EACH AND EVERY DAY SUCH VIOLATION IS CONTINUED SHALL BE DEEMED TO CONSTITUTE A SEPARATE OFFENSE.


With no further discussion, Mayor Gonzales declared Ordinance 2006-28 officially reintroduced.

16.   CONSIDER AUTHORIZING CITY MANAGER TO NEGOTIATE PROPERTY TAX ABATEMENT WITH PROJECT RIBBON.
Mr. vanTil presented a request to consider allowing the City Manager to conduct negotiations with a prospective business interested in moving to Taylor.  The Taylor Economic Development Corporation (TEDC) has been working to bring a solar energy related business to Taylor and believes that an offer from the City to grant a tax abatement may assist him in his efforts.  According to the TEDC, the corporation proposes to invest a minimum of $6.6 million and to hire a staff of over 100 employees.  Council Member Jez asked about the salary levels of the employees and Mr. John Nelson, Executive Director of TEDC, said the information provided states that their current annual payroll for 102 employees is $4 million, but that he was uncertain of the individual salaries.

Council Member McDonald moved to authorize the City Manager the ability to negotiate a property tax abatement with Project Ribbon with a 10 yr, 90% sliding scale on existing policies and abatement to be tied to lessee and building owner when the third party applies.   Mayor Pro Tem Hill seconded the motion.  VOTE:  Four voted AYE.  Motion passed.

17.  CONSIDER ADOPTION OF 2007 STRATEGIC PLAN.
Mr. Frank Salvato, City Manager, presented the 2007 Strategic Plan for Council review and consideration.  Council Member McDonald noted that the implementation schedule indicates that the IT and GIS plans have a June completion date and was reassured that staff are continuing to work on these projects with a plan for each forthcoming.  With no further discussion, Council Member McDonald moved to adopt the 2007 Strategic Plan and Implementation Schedule as presented and Council Member Jez seconded the motion.  VOTE:  Four voted AYE.  Motion passed.

ADJOURN

With no further business, Mayor Gonzales adjourned the meeting at 7:35 p.m.


                                                                                                     

                                                                                                      ___________________________

                                                                                                      Bernabe Gonzales, Mayor

ATTEST:

 

___________________________

Susan Brock, City Clerk