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The City Council of the City of Taylor met on June 14, 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

No citizens came forward during this time. 

CONSENT AGENDA

1.      MINUTES FROM MAY 16 and MAY 22, 2007.

2.      ORDINANCE 2007-12 subdivision ordinance amendment

3.      ordinance 2007-14, zoning ordinance amendment

4.      ordinance 2007-15, new fire station property alley abandonment

5.      ordinance 2007-16, new library property alley abandonment
Mayor Pro Tem Hill moved to approve the Consent Agenda as presented and Council Member Jez seconded the motion.  VOTE:  Five voted AYE.  Motion passed.  

REGULAR AGENDA – REVIEW/DISCUSS & CONSIDER/ACTION:
           

6.      PROCLAMATION: DEDICATION OF HISTORICAL MARKER FOR HOME OF DR. JAMES DICKEY. 
Mayor Gonzales presented a proclamation recognizing the placement of a historical marker at the home of Dr. James Dickey, Sr. and a celebration to be held on June 16, 2007 at the site of the future Dickey Museum.   Ms. Jennifer Harris was present to accept the proclamation. 

7.      CONSIDER APPROVING REAPPOINTMENT OF LEON NICKERSON TO THE CIVIL SERVICE COMMISSION FOR A THREE YEAR TERM.
Ms. Starla Hall presented a request to consider approving Mr. Salvato’s reappointment of Leon Nickerson to the Civil Service Commission.  Ms. Hall reported that he has expressed an interest in continuing to serve and that his attendance has been satisfactory.

Council Member McDonald moved to approve the reappointment of Leon Nickerson to the Civil Service Commission for a three year term and Mayor Pro Tem Hill seconded the motion.  VOTE:  Five voted Aye.  Motion passed.

8.      CONSIDER ACCEPTING HOMELAND SECURITY FEDERAL GRANT AWARD.
Chief Jeff Straub presented a request to consider accepting an award from the Federal Department of Homeland Security in the amount of $172,316.  The award allows the City of Taylor Police Department to purchase new digital in-car video equipment, bullet resistant vests, and upgrade the mobile computer system. 

Council Member McDonald moved to accept the Homeland Security Federal Grant Award in the amount of $172,316 and Council Member Jez seconded the motion.  VOTE:  Five voted AYE.  Motion passed.

9.      CONSIDER ACCEPTING PUBLIC IMPROVEMENTS FOR WHATABURGER.
Mr. John Elsden, City Planner, presented a request to consider accepting the public improvements for the new WhataBurger restaurant located on North Main Street.  The public improvements consist of a sidewalk, driveway and waterline with hydrant totaling over $40,000.  Items still remaining are the record drawings (as builts) and engineering and inspection fees of $1,622,04.  Mr. Elsden also reported that the plat has not yet been filed.  The General Contractor was present to respond to questions. He stated that the project went up very quickly and he appreciated the cooperation of the City staff in helping it run so smoothly.

Mayor Pro Tem Hill moved to accept the public improvements for Whataburger and Council Member McDonald seconded the motion.  VOTE:  Five voted AYE.  Motion passed.

10.  CONSIDER AMENDING PERSONNEL POLICY REGARDING NEPOTISM. 
Ms. Starla Hall presented a request to approve a change in the Personnel Policy with regards to the hiring of employees of relatives.  The revised statement under consideration would read “No person may be hired who is related within the second degree by affinity (marriage) or within the third degree by consanguinity (blood) to any member of the City Council or the City Manager.”  The change removes the phrase “…or any other City Officer.”  After careful review of other surrounding cities, Ms. Hall recommends this change be made which would remove the Municipal Court Judge, Associate Judge, and City Attorney from this consideration. 

An additional change Ms. Hall recommended is to include adding supervisory statements to address the issue of relatives not being able to exercise supervisory authority over any individual who is related within the second degree of affinity or the third degree of consanguinity and to not allow relatives to work for the same immediate supervisor.  She added that there are no current employees that would be affected by this change and that it would apply to future applicants seeking employment with the City.

Council Member Jez moved to amend the Personnel Policy regarding nepotism and Council Member Hortenstine seconded the motion.  VOTE:  Five voted AYE.  Motion passed.

11.  CONSIDER REAPPOINTMENT OF ASSOCIATE MUNICIPAL COURT JUDGE DOLORES CHAVANA.
Mr. Salvato presented a request to consider the reappointment of Associate Municipal Court Judge Dolores Chavana.   This position is a two year appointment and Ms. Chavana has held the position since June, 2003.

Mayor Pro Tem Hill moved to reappoint Ms. Chavana as the Associate Municipal Judge  and Council Member Jez seconded the motion.  VOTE:  Five voted AYE.  Motion passed.

 

12.  CONSIDER AMENDING LEASE AGREEMENT WITH AUTOROTATE.
Mr. Bob vanTil, Director of Community Development, presented a request by Mr. Bert Brundage to amend the lease agreement between the City and AutoRotate.   Mr. Brundage has shared the lease with Mr. Stuart Ashmun, President of AutoRotate since the original lease was signed in 2001.  Since their working relationship is no longer the same as in 2001, Mr. Ashmun has agreed to have Mr. Brundage’s name removed from the agreement. 

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

13.  CONSIDER INTRODUCTION OF ORDINANCE 2007-18 AMENDING SIGN ORDINANCE 2003-42 REGARDING TEMPORARY USE DIRECTIONAL SIGNS AND THE DOWNTOWN SIGN DISTRICT REQUIREMENTS.  
Mr. Elsden presented a revised version of an Ordinance brought before the Council earlier this year.  Council had requested changes to the original document to reflect comments intended to clarify the intent of the Ordinance.  Some of the issues still needing addressing include the specific distance between individual signs, whether or not there is a maximum number of signs allowed, and written permission from the property owner adjacent to the Right of Way where the signs are placed.  After some discussion, it became clear that there were additional changes still to be made, but Council agreed to proceed with the formal introduction of the Ordinance in an effort to move this issue forward.  Staff agreed to bring back the Ordinance for further consideration in its corrected format.

With no further discussion, Mr. Hejl read the caption of Ordinance 2007-18 and Mayor Gonzales declared Ordinance 2007-18 officially introduced.

ORDINANCE NO. 2007-18

AN ORDINANCE OF THE CITY OF TAYLOR, TEXAS AMENDING ORDINANCE NO. 2003-42 WHICH ADOPTED THE SIGN ORDINANCE

14.  CONSIDER INTRODUCTION OF ORDINANCE 2007-19 AMENDING PEDDLER’S ORDINANCE 2002-38 AND ALLOW TEMPORARY USE DIRECTIONAL SIGNS IN THE CITY RIGHT OF WAY.
Mr. Elsden stated that this amendment to the Peddler’s Ordinance is a necessary step to be taken once the previously considered Sign Ordinance is adopted.  There was no discussion, and Mr. Hejl read the caption of Ordinance 2007-19 so that Mayor Gonzales could declare its official introduction.

ORDINANCE NO. 2007-19

 

AN ORDINANCE OF THE CITY OF TAYLOR, TEXAS AMENDING ORDINANCE NO. 2002-38 CITY CODE CHAPTER 20 PEDDLERS AND SOLICITORS.



15.  CONSIDER INTRODUCTION OF ORDINANCE 2007-20 AMENDING FEE SCHEDULE.
Mr. Elsden further stated that if the previous two ordinances are adopted, the result would be a change in the Fee Schedule.  Without further discussion, Mr. Hejl read the caption of Ordinance 2007-20 and Mayor Gonzales declared the ordinance officially introduced.
 

ORDINANCE NO. 2007-20

 

AN ORDINANCE AMENDING ORDINANCE NO. 2006-23 ADOPTED ON SEPTEMBER 26, 2006 AND CHANGING CERTAIN RATES FOR SERVICES PROVIDED BY THE CITY.

 

16.  CONSIDER PROVIDING A LOCAL MATCH FOR GRANT APPLICATION TO THE SUMMERLEE FOUNDATION TO PAINT THE MOODY MUSEUM.
Mr. vanTil presented background information regarding an application submitted to the Summerlee Foundation on behalf of the Moody Advisory Board.  Ms. Susan Komandosky, President (Chair) of the Moody Advisory Board, was present to address the Council.  She reported that she contacted the Program Director for Texas History of the Summerlee Foundation who informed her that the application deadline is June 15 with their Board meeting in September to select grant recipients.  With a verbal estimate of $35,000 from a recommended contractor to repair or replace wood and to paint the museum, the maximum amount the Foundation would be considering for a grant award would be $17,500 with a request for the City to match the grant award.   

Council Member McDonald moved to approve the local match of $17,500 for the Summerlee Foundation Grant if awarded with the monies to come from the Hotel/Motel funds.  Mayor Pro Tem Hill seconded the motion. VOTE:  Five voted AYE.  Motion passed.

 

17.   CONSIDER QUARTERLY CAPITAL IMPROVEMENTS PROJECT UPDATE.
Mr. Casey Sledge, consulting City Engineer, presented a review of current projects and addressed timeline issues for specific projects.  He also requested Council begin to consider graphics to be applied to the new water towers and holding tanks under design.  Council Member Jez moved to accept the report as presented and Council Member Hortenstine seconded the motion.  VOTE: Five voted AYE.  Motion passed.

18.  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 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 7:40 p.m.

19.  CONSIDER ACTION ON EXECUTIVE SESSION.
Mayor Gonzales called the open meeting back to order at 8:00 p.m. and stated that no action had been taken during Executive Session.  With no further discussion, Mayor Gonzales proceeded to the next item on the regular agenda.

20.  ELECT A MAYOR.
Mr. Hejl requested a call for nominations for Mayor by resolution.  Council Member Jez moved to nominate Bernabe Gonzales as Mayor.  Following the Roberts Rules of Order, Mr. Hejl made the request for any other nominations three times.  With no additional responses, the call for nominations was closed and Council Member Hill seconded the motion.  VOTE:  Five voted AYE.  Motion passed.

21.  ELECT A MAYOR PRO TEM
Mayor Gonzales called for nominations for Mayor Pro Tem.  Council Member Jez moved to elect Don Hill as Mayor Pro Tem citing his and Mayor Gonzales combined years of service and experience and Council Member Hortenstine seconded the motion.  VOTE:  Five voted AYE.  Motion passed.

ADJOURN

Without further business, Mayor Gonzales adjourned the meeting at 8:05 p.m.


                                                                                                     

                                                                                                      ___________________________

                                                                                                      Bernabe Gonzales, Mayor

ATTEST:

 

___________________________

Susan Brock, City Clerk