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The City Council of the City of Taylor met on January 10, 2008 at City Hall, 400 Porter St., Taylor, Texas.  Mayor Bernabe Gonzales declared a quorum and called the meeting to order at 6:01 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

Reverend Silas Swint from Allen Chapel AME led the group in prayer.

 

PLEDGE OF ALLEGIANCE

 

CITIZENS COMMUNICATION

Ms. Tessa Moll, Taylor Daily Press, came forward to express her appreciation to Council and City staff before she leaves for South Korea to pursue other ventures. 

CONSENT AGENDA

1.      MINUTES FROM DECEMBER 13, 2007.

2.      CONCUR WITH PRELIMINARY FINANCIALS FOR NOVEMBER 2007.

      Mayor Pro Tem Hill moved to approve the Consent Agenda as presented and Council       Member Hortenstine seconded the motion.  VOTE: Five voted AYE; Motion passed.

REGULAR AGENDA – REVIEW/DISCUSS & CONSIDER/ACTION:
           

3.      PROCLAMATION: MARTIN LUTHER KING, JR. DAY, JANUARY 21, 2008. 
Mayor Gonzales presented a proclamation to Pastor Silas Swint in honor of January 21, 2008 as Martin Luther King, Jr. Day.  

4.      CONDUCT PUBLIC HEARING AND CONSIDER INTRODUCING ORDINANCE 2008-1 TO AMEND SUBDIVISION ORDINANCE ALLOWING REPLATS AND AMENDED PLATS CONTAINING FOUR OR FEWER LOTS AND REQUIRING NO EXTENSIONS OF MUNICIPAL FACILITIES TO BE ADMINISTRATIVELY APPROVED BY CITY STAFF WITHOUT CONSIDERATION OF THE PLANNING AND ZONING COMMISSION.
Mr. John Elsden, City Planner, informed Council that recent State Legislation amended the Local Government Code to allow administrative approval for replats consisting of four or fewer lots with no extensions of municipal facilities.  This is a request to adopt this policy and allow City staff to move forward quicker with projects of this nature without having to be reviewed by the Planning and Zoning Commission.  In an effort to streamline the process for such projects, Mr. Elsden reported that the P & Z Commission recommends approval of this change.

Mayor Gonzales opened the Public Hearing; hearing no public comments, he closed the Public Hearing.  Mr. Hejl read the caption to Ordinance 2008-1 and Mayor Gonzales declared the Ordinance officially introduced.


ORDINANCE 2008-1

AN ORDINANCE OF THE CITY OF TAYLOR, TEXAS, AMENDING ORDINANCE 2001-16 THE TAYLOR SUBDIVISION ORDINANCE AS PREVIOUSLY AMENDED, BY ALLOWING REPLATS AND AMENDED PLATS OF FOUR OR FEWER LOTS TO BE ADMINISTRATIVELY APPROVED; AND PROVIDING A SAVINGS CLAUSE.



5.      CONSIDER INTRODUCING ORDINANCE 2008-3 REGARDING SETTLEMENT AGREEMENT FROM ATMOS.
Due to recent developments regarding this issue Council agreed to table this item and the next at the request of Randy Hartford, our ATMOS representative. 

6.      CONSIDER INTRODUCING ORDINANCE 2007-29 TO DENY, OR INTRODUCING ORDINANCE 2007-30 TO APPROVE A REQUEST TO INCREASE RATES BY ATMOS. 
(The disposition of this item was addressed in the previous motion.)     

7.      CONSIDER PROPOSAL FROM FREESE & NICHOLS, INC. TO AMEND THE CITY’S WASTEWATER CERTIFICATE OF CONVENIENCE AND NECESSITY.
Mr. Dunaway presented a request to Council to consider approving funds for Freese & Nichols to begin the process of amending the City’s wastewater Certificate of Convenience and Necessity (CCN). This request is to consider extending the wastewater service area to be the same as the water service area.  Under the current situation, some residents could potentially receive water from the City but wastewater services from another entity. 

Council Member Hortenstine moved to accept the proposal from Freese & Nichols in the amount of  $13,500 to come from the Utility Fund Contingency.  Council Member McDonald seconded the motion.  VOTE:  Five voted AYE.  Motion passed.

8.      CONSIDER LEASE AGREEMENT BETWEEN THE CITY OF TAYLOR AND ACME PARTNERSHIP, L.P. FOR A BILLBOARD ON NORTH SH 95.
Mr. Dunaway presented a lease agreement for consideration from ACME Partnership to install a billboard on city owned property located on North SH 95 in Circleville.  Mr. Chris Reid with ACME was present to respond to questions.  Council Member McDonald expressed concern regarding the termination clause in the agreement which did not appear to give the same rights to the City in terminating the lease.  Council Member Jez had questions regarding the actual billboard related to maintenance, lighting, and any guidelines for type of potential advertising on the sign.  Staff agreed to continue to negotiate the lease with ACME and to bring the item back at the next Council meeting. 
 

9.      CONSIDER RESOLUTION R08-1 AUTHORIZING THE TRANSFER OF NOBLE TRUST FUNDS TO THE CEMETERY OPERATIONAL FUND.
Ms. Rosemarie Dennis, Finance Director, presented a request to Council to transfer the monies received as the Noble Trust Fund to the Cemetery Operational Fund.  She noted that at the time the donation was received she was unaware of the limitations of the Permanent Fund regarding expenditures.  Ordinance 2002-43 clearly states that only the proceeds earned in this fund can be transferred to the Operating Fund, preventing the City from using the donated funds for cemetery improvements as requested by the donor.  

Council Member Jez requested that the donor’s family be notified of this change and moved to approve Resolution R08-1.  Mayor Pro Tem Hill seconded the motion.  VOTE:  Five voted AYE.  Motion passed.

10.  DISCUSS CITY’S POLICY FOR MOWING OF RIGHTS OF WAYS.
Mr. Bob vanTil, Director of Community Development, presented an overview of the current method for mowing rights of ways and provided a map delineating the areas currently being mowed by City crews.  Council Member Hortenstine stressed the need for consistency and to determine a clear definition of what improved and unimproved properties means.  Mayor Pro Tem Hill would also like to see the issue of safety used as a priority in determining whether or not the City mows a specific property.  Staff agreed to develop guidelines and a policy to be reviewed by Council at a later date.

11.  CONSIDER ACCEPTING DONATION FOR PURCHASE OF PLAYGROUND EQUIPMENT FOR ROBINSON PARK AND APPROVING USE OF CITY FUNDS TO PAY FOR INSTALLATION.
Mr. Dunaway presented a request to Council to accept a donation of $2000 from Mrs. Lessie Givens towards the purchase of a six-seat swing set for Robinson Park.  He noted that additional costs to install the equipment, safety material and a border totals $3,466.79.  Mr. Dunaway indicated that the swing set would be located near the Community Center and basketball field in Robinson Park. 

Mayor Pro Tem Hill moved to accept the donation from Mrs. Givens and to authorize the $3,466.79 to complete the installation.  Council Member Jez seconded the motion.  VOTE:  Five voted AYE.  Motion passed.  (Council Member Jez asked staff to consider placing a donor plaque at the sight.)

12.  CONSIDER ADOPTING ORDINANCE 2007-37 AND APPOINTING TWO MEMBERS TO THE CITY OF TAYLOR-WILLIAMSON COUNTY JOINT AIRPORT ZONING BOARD.
Mr. vanTil reminded Council that this Ordinance had been previously discussed and introduced at the December 13th meeting and Council had requested additional time to review applicants prior to appointment.  Council Member McDonald moved to approve Ordinance 2007-37 creating the Joint Airport Zoning Board and Council Member Hortenstine seconded the motion.  VOTE:  Five voted Aye.  Motion passed.

Council Member McDonald then moved to appoint David Bryan and Mike Nichols to the Board and Mayor Pro Tem Hill seconded the motion.  VOTE:  Five voted AYE.  Motion passed.

13.  CONSIDER WORK AUTHORIZATION NO. 5 FROM BWM GROUP FOR THE REDESIGN OF THE RESTROOM/CONCESSION BUILDINGS AT EAST WILLIAMSON COUNTY REGIONAL PARK.
Mr. Dunaway and Mr. Casey Sledge, consulting engineer, presented a request to Council to authorize additional funds to cover the cost of redesigning the restroom/concession buildings for the East Williamson County Regional Park.  Mr. Sledge stated that he has renegotiated the fee with BWM down to $13,100 to continue the redesign work.  After much discussion, staff and Council agreed to continue negotiations and discussions with BWM on this item.

Council Member Hortenstine moved to table the request and Council Member McDonald seconded the motion.  VOTE:  Five voted AYE.  Motion passed.

14.  CONSIDER APPOINTMENTS TO MAIN STREET ADVISORY BOARD.
Ms. Jean Johnson, Director of Main Street Program, presented a request to Council to consider reappointing two members to the Main Street Advisory Board whose service has been a valuable contribution to the Board. Council Member McDonald moved to reappoint Debbie Kiewit and Kayla Patschke to the Main Street Advisory Board and Council Member Jez seconded the motion.  VOTE:  Five voted AYE.  Motion passed.

15.  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 551.074 to discuss Municipal Court Judge Randall Pick’s performance evaluation.

Mayor Gonzales adjourned into Executive Session at 7:35 p.m.

16.  CONSIDER ACTION FROM EXECUTIVE SESSION.
Council reconvened into Open Session at 9:05 p.m. and Mayor Gonzales stated that no action or vote was taken on any matter discussed in Executive Session.

Council Member Hortenstine moved to reappoint Randall Pick as Municipal Judge and Council Member Jez seconded the motion.  VOTE:  Five voted AYE.  Motion passed.

 

ADJOURN

      With no further business; Mayor Gonzales adjourned the meeting at 9:06 p.m.


                                                                                                     

                                                                                                      ___________________________

                                                                                                      Bernabe Gonzales, Mayor

ATTEST:

 

___________________________

Susan Brock, City Clerk