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The City Council of the City of Taylor met on July 22, 2008 at City Hall, 400 Porter St., Taylor, Texas.  Mayor Hortenstine declared a quorum and called the meeting to order at 6:00 p.m. with the following present:

 

Mayor Pro Tem Ella Jez                                      Frank Salvato, City Manager

Council Member Bernabe Gonzales                    Assistant City Manager, Jim Dunaway

Council Member Don Hill                                   City Attorney, Ted Hejl

Council Member John McDonald                       City Clerk, Susan Brock

INVOCATION

Mr. Jim Dunaway led the group in prayer.

 

PLEDGE OF ALLEGIANCE

 

CITIZENS COMMUNICATION

No citizens came forward.

CONSENT AGENDA

1.      MINUTES FOR JULY 8, 2008.

2.      ordinance 2008-22 DOWNTOWN NEIGHBORHOOD ZONING

ORDINANCE 2008-22

AN ORDINANCE FOR THE CITY OF TAYLOR, TEXAS, AMENDING ZONING ORDINANCE NO. 2001-17 ADOPTED MAY 2001, AS AMENDED BY ORDINANCES 2002-18, 2002-42, 2003-36, 2004-25, 2006-35, 2007-14, 2008-02, AND 2008-09  BY AMENDING CHAPTER 2, SECTION 2.11, OF THE ZONING ORDINANCE AS AMENDED AND AS CODIFIED IN THE TAYLOR CITY CODE, BY CREATING A MIXED USE DISTRICT OR DOWNTOWN NEIGHBORHOOD DISTRICT WHICH ALLOWS BOTH RESIDENTIAL AND COMMERCIAL USES IN THE DISTRICT AND BY AMENDING CHAPTER 11, SECTION 11.1 BY ADDING A DEFINITION FOR “SIGHT DISTANCE TRIANGLE”; REQUIRING NOTICE FOR PUBLIC HEARINGS REQUIRED UNDER THE ZONING CODE TO BE COMPLY WITH THE TEXAS LOCAL GOVERNMENT CODE, AS AMENDED FROM TIME TO TIME; PROVIDING A SAVINGS CLAUSE; PROVIDING A REPEALER CLAUSE.

 

3.      ORDINANCE 2008-23 HOTEL/MOTEL TAX AMENDMENT

ORDINANCE NO.  2008-23

AN ORDINANCE ADOPTING CHAPTER 351 OF THE TEXAS TAX CODE AND ANY AMENDMENTS HEREAFTER TO COLLECT OR ENFORCE THE HOTEL AND MOTEL OCCUPANCY TAX; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH DAY AN OFFENSE IS COMMITTED OR CONTINUED, EXCEPT WHERE A DIFFERENT PENALTY HAS BEEN ESTABLISHED BY STATE LAW FOR SUCH OFFENSE, OR FOR ANY VIOLATION OF ANY PROVISION WHICH GOVERNS FIRE SAFETY, ZONING OR PUBLIC HEALTH AND SANITATION, WHICH SHALL BE PUNISHED BY PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00); PROVIDING FOR PUBLICATION; AND PROVIDING EFFECTIVE DATE.; AND A REPEALER CLAUSE.

 

4.      CONCUR WITH FINANCIALS FOR JUNE, 2008

Mayor Pro Tem Jez requested that item number 1, the minutes from the July 8, 2008 council meeting, be removed from the Consent Agenda for discussion.  Council Member McDonald moved to approve items 2, 3, and 4 from the Consent Agenda and Mayor Pro Tem Jez seconded the motion.  VOTE:  Five voted AYE.  Motion passed.

Noting a correction from Ms. Jez on item no. 10 of the July 8, 2008 minutes changing the estimated costs from $33,000 to $35,000, Council Member McDonald moved to approve the minutes with corrections.  Mayor Pro Tem Jez seconded the motion.  VOTE:  Five voted Aye.  Motion passed.

REGULAR AGENDA – REVIEW/DISCUSS & CONSIDER/ACTION:

5.      PROCLAMATION: NATIONAL NIGHT OUT.
On behalf of the Taylor Police Department, Chief Jeff Straub accepted the proclamation from Mayor Hortenstine declaring August 5, 2008 as National Night Out in Taylor.

6.      PROCLAMATION: RECOGNITION OF TAYLOR TENNIS TOURNAMENT TROPHY WINNERS.
Mayor Hortenstine presented a proclamation to members of the Taylor Tennis Tournament in recognition of their recent win.  Accepting the award were David Cuebas, Monee Michna, Britni Gola, Cody Gola, Gary Gola, and Ronnie Michna. 

7.      PROCLAMATION:  NATIONAL BREAST FEEDING MONTH.
Ms. Marisol Dawkins from the WIC Office of with the Williamson County and Cities Health District (WCCHD) accepted the proclamation from Mayor Hortenstine proclaiming August as National Breast Feeding Month.

8.      CONSIDER AND TAKE ACTION WITH RESPECT TO THE APPOINTMENT OF HEARING OFFICERS FOR THE CITY FOR THE PURPOSE OF HOLDING THE TEFRA HEARING RELATED TO A FINANCING FOR TEMPLE COLLEGE AT TAYLOR FOUNDATION, INC. AND RELATED PUBLICATION OF NOTICES OF SUCH HEARING.
Mr. Bart Fowler, McCall, Parkhurst & Horton, presented background information regarding the need for a hearing on the financing for EWCHEC and the issuance of revenue bonds by the San Leanna’s Higher Education Finance Corporation.  As part of the process, the City must appoint a hearing officer and approve the publication of notice for the public hearing. 

With no further discussion, Council Member Hill moved to appoint Mr. Fowler as hearing officer and authorized the publication of notices as presented.  Mayor Pro Tem Jez seconded the motion.  VOTE:  Five voted AYE.  Motion passed.  

9.      CONSIDER AND TAKE ACTION ON THE ECONOMIC DEVELOPMENT GRANT AGREEMENT WITH TEMPLE COLLEGE AT TAYLOR FOUNDATION (TCAT) REGARDING THE CONSTRUCTION OF THE EST WILLIAMSON COUNTY HIGHER EDUCATION CENTER (EWCHEC).
Mr. Fowler presented details of an agreement between the City and the Temple College at Taylor (TCAT) for funding the first building on the EWCHEC campus.  The agreement commits the City to $100,000 for 20 years to assist TCAT with debt service payments.  However, the annual payment is subject to annual appropriations by future Councils.  Additional partners, the Taylor Independent School District, the Taylor Economic Development Corporation, and Texas State Technical College have also committed funding for this project.
                       

      Mayor Pro Tem Jez moved to approve the grant agreement as presented committing $100,000      for twenty years with funds from the Contributions to Civic Programs.  Council Member McDonald seconded the motion.  VOTE:  Five voted AYE.  Motion passed.

 

10.  CONSIDER APPROVING ORDINANCE 2008-18 ESTABLISHING SPEED LIMITS ON HIGHWAY 95 /MAIN STREET.  
Mr. Scott Cunningham, Texas Department of Transportation, presented a revised plan to change speed limits on Highway 95/Main Street.  Mr. Cunningham addressed the Council at the June 12th meeting and was asked to make some adjustments to his original plan.  Council continued to express concerns for specific areas including the area in front of the high school and the area south of Walnut Street.  Mr. Cunningham said he will continue to look at the Rio Grande intersection and monitor traffic at a later date once school is back in session.

Mr. Johnny Sanford, TISD Board member and resident, expressed his concern for increased speed zones on Main in front of the high school.  An error in calculations was noted on the south end of Main Street and Mayor Hortenstine asked Mr. Cunningham to bring back a revised ordinance at a future meeting.  No further action was taken on this item.

11.  CONSIDER WORK AUTHORIZATION NO. 4 WITH KSA ENGINEERS, INC. FOR THE SAFE ROUTES TO SCHOOLS GRANT PROGRAM.
Mr. Danny Thomas, Director of Public Works, presented a request from Mr. Casey Sledge, consulting engineer to the City, to authorize funding for professional engineering design services for the Safe Routes to Schools sidewalk project.  Two Requests for Qualifications (RFQ’s) for design were submitted and reviewed by a committee who recommended KSA Engineers, Inc. for the project.  Public hearings will be scheduled to solicit citizen input regarding the exact route through neighborhoods.          

Mayor Pro Tem Jez moved to approve the Work Authorization agreement as presented in the amount of $93,800 with funds from the grant award.  Council Member Hill seconded the motion.  VOTE:  Five voted AYE.  Motion passed.

12.  CONSIDER AWARDING BID FOR 2008 MANHOLE REHABILITATION PROJECT.
Mr. Thomas presented an overview of bids received for the 2008 Manhole Rehabilitation Project for wastewater drainage basins 4, 5, & 7.  Mr. Sledge provided a tabulation of bids received and a recommendation to award the bid to Patin Construction to replace 42 and rehabilitate 71 manholes.  The project should be completed within 60-90 days from the onset of construction.  Mr. Sledge stressed that the actual number of replacements may change once construction begins and some slated for rehab may actually need replacement.     

Council Member McDonald moved to award the base bid to Patin Construction not to exceed $360,830.00 for replacing 42 manholes and rehabilitating 71 with funds from the 2003 C. O.‘s and the utility fund balance.  Mayor Pro Tem Jez seconded the motion.  VOTE:  Five voted AYE.  Motion passed.

13.  CONSIDER HOTEL/MOTEL OCCUPANCY TAX QUARTERLY REPORTS FROM THE TAYLOR CHAMBER OF COMMERCE.
Mr. Jim Aanastoos, President, Taylor Chamber of Commerce, presented a report on Hotel/Motel Tax proceeds and expenditures from the Chamber budget.  He also provided a comparison regarding how Taylor is performing with respect to other markets in Texas and against the state as a whole, and a summary of tourism activities from January through July, 2008. 
                       

            Mayor Pro Tem Jez moved to accept the report as presented and Council Member                          Gonzales seconded the motion.  VOTE:  Five voted AYE.  Motion passed.

 

14.  CONSIDER TEDC BUDGET FOR FY 2008/2009.
Mr. Jason Ford, President, Taylor Economic Development Corporation, (TEDC), presented an overview of the budget for the current fiscal year and the proposed budget for 2008/2009.  He stressed the need to continue to develop a business retention program as well as expanding recruitment efforts and workforce development programs.      

Council Member McDonald moved to accept the revised budget for 2007/2008 and approve the FY 2008/2009 Budget as presented.  Council Member Hill seconded the motion.  VOTE:  Five voted AYE.  Motion passed.

15.  CONSIDER TAX ABATEMENT AGREEMENT FOR EXPANSION AND/OR RELOCATION OF A COMPANY IN ACCORDANCE WITH CHAPTER 312, PROPERTY REDEVELOPMENT AND TAX ABATEMENT ACT, OF THE TEXAS TAX CODE; BLACKLAND PUBLISHING.
Mr. Bob vanTil, Director of Community Development, presented a request to consider offering a tax abatement for ten years to a local business interested in expanding.  The company intends to invest approximately $1.4 million in the Mustang Creek Industrial Park and add seven new permanent jobs.  The amount of the abatement is based on the investment and because it is a target industry.  The agreement also includes waiving permit and tap fees and reimbursement of water, wastewater, and roadway impact fees.

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

16.  EXECUTIVE SESSION I.  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.

17.  CONSIDER ACTION ON EXECUTIVE SESSION.
Mayor Hortenstine opted to hold the Executive Sessions consecutively and any action taken would be at the end of all sessions.

(Council Member McDonald recused himself from the next agenda item.)

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 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.

19.  CONSIDER ACTION FROM EXECUTIVE SESSION.
Council met in Executive Sessions consecutively beginning at 7:56 p.m.  Mayor Hortenstine reconvened the meeting into Open Session at 9:14 p.m. and stated that no action was taken during any of the Executive Sessions.

ADJOURN

      With no further business; Mayor Hortenstine adjourned the meeting at 9:14 p.m.


                                                                                                     

                                                                                                      ___________________________

                                                                                                      Rod Hortenstine, Mayor

ATTEST:

 

___________________________

Susan Brock, City Clerk