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The City Council of the City of Taylor met on May 8, 2008 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

Danny Thomas led the group in prayer.

 

PLEDGE OF ALLEGIANCE

 

CITIZENS COMMUNICATION

No citizens came forward.

CONSENT AGENDA

1.      MINUTES FOR APRIL 22, 2008 AND APRIL 29, 2008.

2.      ordinance 2008-14 amending sIGN ORDINANCE FOR BED AND BREAKFAST FACILITIES

ORDINANCE NO. 2008-14

 

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

 

 

Council Member Jez moved to approve the Consent Agenda as presented and Council Member McDonald seconded the motion.  VOTE: Five voted AYE. Motion passed.

 

REGULAR AGENDA – REVIEW/DISCUSS & CONSIDER/ACTION:

                 

3.      PROCLAMATION: NATIONAL HISTORIC PRESERVATION MONTH. 
Mayor Gonzales presented a proclamation to Ms. Irene Michna in honor of National Historic Preservation Month.

 

4.      CONSIDER REMOVAL OF 2ND AND 4TH STREETS FROM THE TEXAS DEPARTMENT OF TRANSPORTATION HIGHWAY SYSTEM AND IMPROVEMENTS TO 2ND STREET.
Mr. Salvato presented an overview of the most recent discussions with Commissioner Morrison regarding improvements to 2nd Street.  With a lack of funding from the Texas Department of Transportation (TxDOT), Mr. Richard Ridings with HNTB presented a proposal from Williamson County using $14 million in funds from the County Road Bond fund.  Under this proposal the County would move forward without funding from the Texas Department of Transportation (TxDOT) and rebuild 2nd Street from the western outer loop as eastward to Main Street (Highway 95) as four lanes with a sidewalk and turn lanes at Sloan and Howard.  However, in order to make this happen, the City would have to request these streets be removed from the State Highway System and agree to take over maintenance of 2nd Street prior to the onset of the project and 4th Street within five years.  Mr. Ridings pointed out advantages of this proposal include the ability to move forward with the project this year, maintaining some control over the design of the project, and the ability to do the project for less by not having to relocate the utilities and acquire easements.  Staff has reviewed bridge inspection reports from TxDOT on bridges and culverts on these streets and noted they are rated as in “satisfactory condition”.  Maintenance costs for these streets would revert to the City and could be estimated to be between $1 million and $1.5 million over a twenty year period.

Mayor Pro Tem Hill moved to authorize the City to move forward with the project and allow the County to request the Texas Department of Transportation to remove 2nd Street from the State Highway system now and 4th Street in five years.  Council Member Hortenstine seconded the motion.  VOTE:  Five voted AYE. Motion passed.

 

5.      CONSIDER REQUEST TO PARTICIPATE WITH DAVITA DIALYSIS CENTER TO OVERSIZE A WASTEWATER LINE ON PROPERTY LOCATED ON NORTH SIDE OF WEST U.S.HIGHWAY 79.
Bob van Til presented a request on behalf of Mr. David Cersonsky, developer for the Davita Dialysis Center, to assist in providing an oversized wastewater line to the property located on the north side of West Highway 79.  Mr. Casey Sledge, consulting engineer to the City, provided details for the three options under consideration.  Based on the wastewater master plan for future development in this area Mr. Sledge recommended Option A where the cost to the City would be $309,200 for a 24 inch line extending up Mustang Creek.

Council Member McDonald moved to engage option “A” and to bring back a developer agreement for an amount not to exceed $309,200 and Council Member Hortenstine seconded the motion.  VOTE:  Five voted AYE.  Motion passed.

 

6.      CONSIDER REQUEST TO PARTICIPATE WITH LOCKHART BUILDING SYSTEMS, INC. TO OVERSIZE WATER LINE ON PROPERTY LOCATED ON SOUTH SIDE OF WEST U. S. HIGHWAY 79.
John Elsden, City Planner, presented a request on behalf of Mr. Bill Lockhart to consider assistance in providing an oversized water line to his property on the south side of West Highway 79.  The project under construction only requires an eight inch line but the City could opt to oversize the line to a 12 inch line to prevent future bores under the highway as the area develops.   

Council Member Jez moved to approve the request to participate and oversize the waterline for Lockhart Building Systems not to exceed $44,548 and with funds to come from Utility Reserves.  Mayor Pro Tem Hill seconded the motion.  VOTE:  Five voted AYE.  Motion passed.

 

7.      CONSIDER REQUEST FROM MR. JOHN MATTHEWS TO RESERVE BASKETBALL COURTS AT ROBINSON PARK FOR MIDNIGHT BASKETBALL FROM JUNE 17-AUGUST 9, 2008.  
Mr. Danny Thomas, Director of Public Works, presented a request from Mr. John Matthews to continue his Midnight Basketball Program at Robinson Park this summer.  Mr. Matthews has managed the program for two years and expressed his appreciation to Council for their continued support.   Mayor Pro Tem Hill moved to approve the request from Mr. Matthews as presented and Council Member Hortenstine seconded the motion.  VOTE:  Five voted AYE.  Motion passed.

8.      CONSIDER INTRODUCING ORDINANCE  2008-15 TO INCREASE THE FRANCHISE FEE RATE FOR ATMOS.
Mr. Dunaway presented a request to amend the existing gas franchise fee between the City and ATMOS Energy.  As a part of the recent rate case settlement ATMOS is offering its member cities the option of increasing the franchise rate from 4% to 5%.  If approved, staff estimates this would increase the annual revenue from the franchise by between $28-$29,000.  Staff was instructed to proceed with the “opt in” letter and with no other comment or discussion, Mayor Gonzales asked Mr. Hejl to read the caption to Ordinance 2008-15, declaring it officially introduced.

ORDINANCE 2008-15

AN ORDINANCE AMENDING THE EXISTING GAS FRANCHISE BETWEEN THE CITY AND ATMOS ENERGY CORPORATION TO PROVIDE FOR A DIFFERENT CONSIDERATION; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ACCEPTANCE BY ATMOS ENERGY CORPORATION; AND FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW.



9.      CONSIDER REQUEST TO RECLASSIFY/DELETE SERGEANT’S POSITION IN POLICE DEPARTMENT AND REPLACE IT WITH EXISTING POLICE OFFICER/POLICE RECRUIT POSITION.  
Previously, Council had approved a request from Chief Straub to “over hire” in the event one of his officers passed the Sergeant’s Civil Service exam in April and would be promoted, therefore creating a vacancy for a police officer/police recruit.  However, no one passed the examination and Chief Straub was presenting a request to consider reclassifying the sergeant position to that of police officer/police recruit.

Council Member Hortenstine moved to approve the request to delete the Sergeant’s position and replace it with an existing police officer position and Mayor Pro Tem Hill seconded the motion.  VOTE:  Five voted AYE.  Motion passed. 

10.  CONSIDER AWARDING THE BID FOR REHABILITATION OF THE STREETS SURROUNDING THE CENTRAL FIRE STATION.
Mr. Thomas presented a request to consider awarding the bid for street rehabilitation near the Central Fire Station.  Mr. Sledge provided an analysis of the bid tabulations and recommended Patin Construction for the project with the base bid and Alternates 1 and 2.  He noted these bid figures do not include any contingency funds.   

Council Member McDonald moved to award the bids to Patin Construction for street rehabilitation with Alternate bids 1 and 2 in an amount not to exceed $800,000 (including contingencies) from the General Fund.  Council Member Hortenstine seconded the motion.  VOTE:  Five voted AYE.  Motion Passed.

(Council Member Hortenstine recused himself prior to agenda item 11.)

11.  CONSIDER APPOINTMENTS TO THE TAYLOR ECONOMIC DEVELOPMENT BOARD.
Mayor Pro Tem Hill moved to reappoint William Maxwell and Rod Hortenstine to another three year term with the new terms to expire January 31, 2011.  Council Member McDonald seconded the motion.  VOTE:  Four voted AYE.  Motion passed.

(Council Member Hortenstine rejoined the meeting.)

12.  CONSIDER APPOINTMENTS TO THE MOODY MUSEUM ADVISORY BOARD.
Council Member Jez moved to appoint Carrie Bond and Linda Looney to three year terms ending January 31, 2011.  Council Member McDonald seconded the motion.  VOTE:  Five voted AYE.  Motion passed.

13.  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 f the Attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the Stat Bar of Texas authorize and allow such a closed meeting and which Rules conflict with the Texas Open Meetings Act.

14.  CONSIDER ACTION ON EXECUTIVE SESSION.
(Council took action on both sessions simultaneously.)

 

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 551.087 to discuss or deliberate regarding commercial and/or financial information on a business prospect  that the City of Taylor, Texas seeks to have locate, stay, or expand in or near the city of Taylor, Texas and with which the City of Taylor, Texas is conducting economic development negotiations and/or to deliberate the offer of financial or other incentives to the business prospect.

      Mayor Gonzales adjourned the meeting into Executive Session at 7:52 p.m.

16.  CONSIDER ACTION FROM EXECUTIVE SESSION.
The two Executive Sessions were held consecutively and Mayor Gonzales reconvened the meeting into Open Session at 10:12 p.m. and stated that no action was taken during either Executive Session.

ADJOURN

      With no further business; Mayor Gonzales adjourned the meeting at 10:13 p.m.


                                                                                                     

                                                                                                      ___________________________

                                                                                                      Bernabe Gonzales, Mayor

ATTEST:

 

___________________________

Susan Brock, City Clerk