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The City Council of the City of Taylor met on February 12, 2008 at City Hall, 400 Porter St., Taylor, Texas.  Mayor Bernabe Gonzales noted the absence of Council Member McDonald, 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

                                                                             City Clerk, Susan Brock

INVOCATION

Danny Thomas led the group in prayer.

 

PLEDGE OF ALLEGIANCE

 

CITIZENS COMMUNICATION

No citizens came forward.

CONSENT AGENDA

1.      MINUTES FROM JANUARY 22, 2008.

2.      ORDINANCE 2008-3 ATMOS Settlement Agreement


ORDINANCE 2008-3


AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TAYLOR, TEXAS, ("CITY") APPROVING A SETTLEMENT AGREEMENT BETWEEN THE CITY AND ATMOS ENERGY CORP., MID-TEX DIVISION ("ATMOS MID-TEX" OR "THE COMPANY") REGARDING THE COMPANY'S STATEMENT OF INTENT TO CHANGE GAS RATES IN ALL CITIES EXERCISING ORIGINAL JURISDICTION; DECLARING EXISTING RATES TO BE UNREASONABLE; ADOPTING TARIFFS THAT REFLECT RATE ADJUSTMENTS CONSISTENT WITH THE SETTLEMENT AGREEMENT AND FINDING THE RATES TO BE SET BY THE ATTACHED TARIFFS TO BE JUST AND REASONABLE; ADOPTING A SAVINGS CLAUSE; DETERMINING THAT THIS ORDINANCE WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; DECLARING AN EFFECTIVE DATE; AND REQUIRING DELIVERY OF THIS ORDINANCE TO THE COMPANY AND LEGAL COUNSEL.

 

      Council Member Jez made a motion to correct the spelling of Mr. Jim Aanastoos in            item number fourteen of the minutes and to approve the Consent Agenda with those            corrections.  Council Member Hortenstine seconded the motion.  VOTE: Four voted   AYE. Motion passed.

 

REGULAR AGENDA – REVIEW/DISCUSS & CONSIDER/ACTION:
           

3.      CONSIDER COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) FOR THE 2006/2007 FISCAL YEAR. 
Ms. Rosemarie Dennis, Finance Director, presented a brief overview of the report and introduced Ms. Linda McKinnon with the auditing firm, Brockway, Gersbach, McKinnon and Niemeier.  Ms. McKinnon stated that she will be submitting the Report to the Government Finance Officers Association (GFOA) to be considered for an achievement award based on its appearance and content.  She complimented staff on their work and ability to respond to corrective measures and reported that the City is “financially healthy and solvent”. 

Mayor Pro Tem Hill moved to accept the CAFR as presented and Council Member Hortenstine seconded the motion.  VOTE:  Four voted AYE.  Motion passed.

4.      CONDUCT PUBLIC HEARING AND CONSIDER INTRODUCING ORDINANCE 2008-5 REGARDING A REQUEST BY TRAVIS WILKES AND MARVIN HEGAR TO REZONE PROPERTY IN THE WILLIAM L. BAKER SURVEY AND LOCATED NEAR 811 CARLOS G. PARKER BLVD. R1 SINGLE FAMILY AND B1 LOCAL BUSINESS TO B2 GENERAL BUSINESS.
Mr. Bob van Til, Director of Community Development presented background information regarding this zoning case.  The application for this rezoning was originally submitted in December by a builder, Mr. Ken Burge, who has since dropped out of the project.  The applicant failed to attend the last meeting when the request was to be considered and the Planning and Zoning Commission did not recommend approval of this request.  Owners of the properties under consideration, Mr. Travis Wilkes and Mr. Marvin Hegar, were present and requested an opportunity to continue to pursue the rezoning request without Mr. Burge. 

Council expressed concern that the request was being made with no specific project in mind and that this property abuts a residential development.  Neighboring property owners have previously objected to development in this area and Council believes the zoning change would be too unrestrictive for this specific site.  Council Member Jez also requested that some consideration be made in the future for what could be considered “gateway” zoning to address future development in these areas.    

Mayor Gonzales opened the Public Hearing; hearing no additional comments, he closed the Public Hearing.  Council Member Hortenstine moved to not introduce the Ordinance and to deny the rezoning request.  Mayor Pro Tem Hill seconded the motion.  VOTE:  Four voted AYE.  Motion passed.  


ORDINANCE 2008-5


AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP ADOPTED BY ORDINANCE NO. 2001-17 BY THE CITY OF TAYLOR, TEXAS ON APRIL 24, 2001 AS HERETOFORE AMENDED, BY CHANGING THE CLASSIFICATION OF PROPERTY DESCRIBED AS (1) 2 acres in the Wm. J. Baker Survey, AW0065, City of Taylor, and (2) 1.5 acres in the Wm. J. Baker Survey,  AW0065, City of Taylor, LOCATED in the vicinity of 811 Carlos G. Parker Boulevard, FROM LOCAL BUSINESS (B-1) AND SINGLE FAMILY RESIDENTIAL (R1) DISTRICTS TO GENERAL BUSINESS (B-2) DISTRICT.

 



5.      CONDUCT PUBLIC HEARING AND CONSIDER INTRODUCING ORDINANCE 2008-6 REGARDING A REQUEST BY CLAYTON WALTHER AND WALTER FAMILY LTD PARTNERSHIP TO REZONE PROPERTY NEAR 4109 W. 2ND STREET IN THE WILLIAM KINCAID SURVEY, FROM R1 SINGLE FAMILY AND B1 LOCAL BUSINESS TO B2 GENERAL BUSINESS 
Mr. van Til provided background information regarding this rezoning request and Mr. Walther was present to respond to questions.  Of primary concern to Mr. Walther is the current mixed zoning of the property which includes B1, Local Business and R1, Single Family Residential.  His request is to rezone the entire property under one category, B2, for future opportunities.  He had no current project in mind and noted that this property is not adjacent to any residential area and is between two other properties already zoned B2. The Planning and Zoning Commission recommended approval of this request.

Mayor Gonzales opened the Public Hearing; hearing no public comments, he closed the Public Hearing.  Mr. Hejl read the caption to Ordinance 2008-6 and Mayor Gonzales declared the Ordinance officially introduced.



ORDINANCE NO. 2008-6

 

AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP ADOPTED BY ORDINANCE NO. 2001-17 BY THE CITY OF TAYLOR, TEXAS ON APRIL 24, 2001 AS HERETOFORE AMENDED, BY CHANGING THE CLASSIFICATION OF PROPERTY DESCRIBED AS 8.02 ACRES OUT OF THE W. M. KINCAID SURVEY, A-373 LOCATED AT 4109 WEST SECOND STREET, FROM LOCAL BUSINESS (B-1) AND SINGLE FAMILY RESIDENTIAL (R1) DISTRICTS TO GENERAL BUSINESS (B-2) DISTRICT.

 

6.      CONSIDER PUBLIC HEARING AND CONSIDER INTRODUCING ORDINANCE 2008-2 AMENDING THE ZONING ORDINANCE TO ALLOW USE OF CUSTOM MANUFACTURING AND ASSEMBLY SHOP AS A SPECIFIC USE PERMIT WITHIN THE CENTRAL BUSINESS DISTRICT (B3).
Mr. van Til provided background information regarding this request to allow a custom manufacturing and assembly shop in the Central Business District with a Specific Use Permit.  The request is in response to a specific business owner, Mr. Daniel Brett, who owns a model airplane business on West 2nd Street and is interested in relocating to the Central Business District.  This category was previously created when Council was considering a similar request from Flyrite Choppers.  Mr. van Til pointed out that a Specific Use Permit allows the Planning and Zoning Commission and the Council the opportunity to review each proposed use to determine if it is acceptable in a particular location within the B-3 District.

Mayor Gonzales opened the Public Hearing; hearing no public comments, he closed the Public Hearing.  Mr. Hejl read the caption to Ordinance 2008-2 and Mayor Gonzales declared the Ordinance officially introduced.


 

ORDINANCE NO.  2008-2 

 

AN ORDINANCE AMENDING ZONING ORDINANCE NO. 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 OF A CUSTOM MANUFACTURE AND ASSEMBLY SHOP WITHIN THE B-3 ZONING DISTRICT WITH A SPECIFIC USE PERMIT.

 

7.      CONSIDER AMENDING BY LAWS OF THE TAYLOR ECONOMIC DEVELOPMENT CORPORATION BOARD.
Ms. Linda Wentrcek, Association Director of the Taylor Economic Development Corporation presented the information in the absence of William Maxwell, President, TEDC Board of Directors.   The majority of changes related to the terminology of positions and a change in the due date for submitting their budget to Council from 60 to 30 days prior to the beginning of the new fiscal year. 

Mayor Pro Tem Hill moved to approve the changes to the By-Laws as presented and Council Member Jez seconded the motion.  VOTE:  Four voted AYE.  Motion passed.

8.      CONSIDER INTRODUCING ORDINANCE 2008-4 CREATING THE COMPREHENSIVE PLAN IMPLEMENTATION COMMITTEE ESTABLISHING MEMBERSHIP TERMS AND RULES.
Mr. van Til presented a request to Council to formalize the establishment of a committee to implement the Comprehensive Plan.  Mr. Hejl read the caption to Ordinance 2008-4 and Mayor Gonzales declared the Ordinance officially introduced.


ORDINANCE 2008-4


AN ORDINANCE CREATING AND ESTABLISHING THE COMPREHENSIVE PLAN IMPLEMENTATION COMMITTEE; PROVIDING FOR THE TERM OF OFFICE OF SUCH COMMITTEE; ESTABLISHING GUIDELINES FOR THE OPERATION OF SUCH COMMITTEE; PROVIDING THE POWERS AND DUTIES OF SUCH COMMITTEE; AND PROVIDING A SAVINGS CLAUSE.

 

9.      CONSIDER RESOLUTION R08-2 AUTHORIZING THE MAYOR TO ENTER INTO AN ADVANCED FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION TO IMPLEMENT THE SAFE ROUTES TO SCHOOL PROGRAM GRANT.
Mr. vanTil presented a request for Council to approve a resolution to authorize the Mayor to enter into an Advanced Funding Agreement with the Texas Department of Transportation for the Safe Routes to School grant.  The Transportation Commission approved the grant request in September, 2007 and the agreement defines the relationship between the State and the City with regards to specific funding categories and responsibilities.  

Mayor Pro Tem Hill moved to approve Resolution R08-2 and Council Member Hortenstine seconded the motion.  VOTE:  Four voted AYE.  Motion passed.


 

10.  CONSIDER RESOLUTION R08-3 CALLING FOR AN ELECTION AND ESTABLISHING POLLING LOCATIONS ON MAY 10, 2008 FOR A MUNICIPAL ELECTION TO ELECT AN AT LARGE COUNCIL MEMBER.
Ms. Susan Brock, City Clerk, presented a request to approve a resolution to call an election on May 10, 2008.  Council Member Hortenstine’s term will expire in May and the resolution calls for an election for the At Large representative position.  Polling locations for Precincts 3 and 4 will change from the Taylor High School and Northside Elementary School to Trinity Lutheran Church and the First United Methodist Church respectively.

Mayor Pro Tem Hill moved to approve Resolution R08-3 and Council Member Jez seconded the motion.  VOTE:  Four voted AYE.  Motion passed.

11.  CONSIDER RESOLUTION R08-4 AUTHORIZING A JOINT ELECTION AGREEMENT AND A CONTRACT FOR ELECTION SERVICES WITH THE WILLIAMSON COUNTY ELECTIONS DIVISION TO CONDUCT A MUNICIPAL ELECTION ON MAY 10, 2008.
Ms. Brock presented a request to Council to approve by resolution an agreement between the City and Williamson County for a Joint Election as well as a contract for Election Services for the May 10, 2008 election.  Estimated costs for Election services are $3000. 

Council Member Jez moved to approve Resolution R08-4 and Mayor Pro Tem Hill seconded the motion.  VOTE:  Four voted AYE.  Motion passed.

12.  CONSIDER SALARY INCREASE FOR JUDGE RANDALL PICK.
Mayor Gonzales moved this item to Executive Session to further discuss the personnel issue.   

13.  CONSIDER ACCEPTING PROPERTY FROM THE TAYLOR PARK FOUNDATION TO THE CITY OF TAYLOR FOR THE EAST WILLIAMSON COUNTY REGIONAL PARK.
Mr. Jim Dunaway, Assistant City Manager, presented a request to accept a transfer of property from the Taylor Park Foundation to the City.  The two tracts of land will serve as the local match for two Texas Parks and Wildlife Grants.

Council Member Jez moved to accept the transfer of property from the Taylor Park Foundation for the East Williamson County Regional Park and Council Member Hortenstine seconded the motion.  VOTE:  Four voted AYE.  Motion passed.

14.  EXECUTIVE SESSION.
Mayor Gonzales adjourned the meeting into Executive Session at 7:45 p.m.

15.  ACTION FROM EXECUTIVE SESSION.
Mayor Gonzales reconvened the meeting into Open Session at 9:12 p.m. and stated that no action was taken during Executive Session.



Council Member Hortenstine moved to approve a salary increase to $2800 a month for Judge Randall Pick and Mayor Pro Tem Hill seconded the motion.  VOTE:  Four voted AYE.  Motion passed.

 

ADJOURN

      With no further business; Mayor Gonzales adjourned the meeting at 9:15 p.m.


                                                                                                     

                                                                                                      ___________________________

                                                                                                      Bernabe Gonzales, Mayor

ATTEST:

 

___________________________

Susan Brock, City Clerk