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The City Council of the City of
Taylor met on April 10, 2008 at City Hall, 400 Porter St., Taylor, Texas. Mayor Bernabe Gonzales took note of the absence of Mayor Pro Tem Donald Hill, declared a quorum and called the meeting to order at 6:00 p.m. with the following
Council Member Rod Hortenstine Frank Salvato, City Manager
Council Member Ella Jez Assistant City Manager, Jim Dunaway
Council Member John McDonald City Attorney, Ted Hejl
Clerk, Susan Brock
Mr. Danny Thomas led the group in
PLEDGE OF ALLEGIANCE
No citizens came forward.
1. MINUTES FROM MARCH 25, 2008 AND APRIL 1, 2008.
Council Member McDonald moved to approve the Consent Agenda as
presented and Council Member Jez seconded the motion. VOTE: Four voted AYE.
REGULAR AGENDA –
REVIEW/DISCUSS & CONSIDER/ACTION:
HONORING JOHN NELSON, EXECUTIVE DIRECTOR OF TEDC.
Mayor Gonzales presented a proclamation to Mr. John Nelson in honor of his
years of employment with the Taylor Economic Development Commission.
NATIONAL PUBLIC SAFETY TELECOMMUNICATIONS WEEK APRIL 13-19, 2008.
Mayor Gonzales presented a proclamation to the Taylor Police Department
dispatchers. Those present to receive the award included Sharyn Hubert,
Angelina Shelton, and Cathy Walton.
APRIL AS FAIR HOUSING MONTH.
Mayor Gonzales presented a proclamation declaring April as Fair Housing
REQUEST FROM TAYLOR AREA FARMERS MARKET TO CLOSE 5TH STREET BETWEEN MAIN AND PORTER ON MONDAY AND WEDNESDAY FROM 3:30 AND 6:30 PM BEGINNING MAY 5, 2008.
Mr. Salvato presented a request from Mr. Leroy Paul on behalf of the Taylor
Area Farmers Market to close 5th Street between Main and Porter for
their annual sale of fresh produce. Mr. Paul would like to begin the Market on
May 5 and continue every Monday and Wednesday from 3:30-6:30 pm.
Council Member Hortenstine moved to approve the request to close 5th Street between Main and Porter for the Taylor Area Farmers Market beginning
May 5, 2008 and Council Member Jez seconded the motion. VOTE: Four voted
AYE. Motion passed.
PUBLIC HEARING AND CONSIDER INTRODUCING ORDINANCE 2008-8 AMENDING THE
SUBDIVISION ORDINANCE TO ADDRESS UNDERGROUND PRIVATE UTILITIES.
Mr. John Elsden, City Planner, presented a request to consider amending the
existing Subdivision Ordinance as it relates to the placement of underground
private utilities. The change would require all private utilities within a
subdivision or development to be installed underground. Council Member
McDonald asked for clarification regarding gas meters and was assured that when
placed in the right of way they would be required to be placed underground.
Mayor Gonzales opened the Public Hearing and hearing no public comment, closed
the hearing and asked Mr. Hejl to read the caption to Ordinance 2008-8 declaring
it officially introduced.
AN ORDINANCE OF THE CITY OF TAYLOR, TEXAS, AMENDING ORDINANCE NO. 2001-16, THE TAYLOR SUBDIVISION ORDINANCE, WHICH WAS
HERETOFORE AMENDED BY ORDINANCE NO. 2003-33, ORDINANCE NO. 2005-13, 2006-34,
AND ORDINANCE NO. 2007-12 BY ADDING LANGUAGE REQUIRING PLACEMENT OF PRIVATE
UTILITIES UNDERGROUND AND LANGUAGE REQUIRING PLACEMENT OF GAS METERS; AND PROVIDING
A SEVERABILITY CLAUSE.
PUBLIC HEARING AND CONSIDER INTRODUCING ORDINANCE 2008-10 GRANTING A SPECIFIC
USE PERMIT TO ST. PAUL’S LUTHERAN CHURCH FOR A DAY CARE FACILITY AT 401 W. 7 TH STREET.
Mr. Elsden presented information regarding a request for a Specific Use Permit from
St. Paul’s Lutheran Church. Ms. Lorene Prinz was present to respond to
questions concerning the request to build a child care facility on their
existing playground property. Council Member Jez asked if this project would
require sidewalks and was assured that the builder is aware of those
requirements as well as traffic and parking issues. Mayor Gonzales opened the
public hearing; with no public comment, he asked Mr. Hejl to read the caption
to Ordinance 2008-10 declaring it officially introduced.
ORDINANCE NO. 2008-10
ALLOWING A SPECIFIC USE PERMIT FOR A CHILD CARE CENTER ON PROPERTY DESCRIBED AS
401 WEST SEVENTH STREET; AND PROVIDING A SAVINGS CLAUSE
PUBLIC HEARING AND CONSIDER INTRODUCING ORDINANCE 2008-11 GRANTING A SPECIFIC
USE PERMIT TO AARON DOUCET FOR A BED AND BREAKFAST FACILITY AT 311 DAVIS STREET.
Mr. Elsden presented information regarding a request from Mr. Aaron Doucet for
a Specific Use Permit to open a Bed and Breakfast facility at 311 Davis Street. Mr. Doucet was present to respond to questions and revealed his plans for
this project. He expressed his desire to name the inn the “Brieger House”
after the original owners in 1905. Mayor Gonzales opened the public hearing
and Mr. William Maxwell came forward to offer his support of the project.
Being an owner of a Bed and Breakfast facility in town he welcomed the addition
of another facility for visitors interested in overnight stays in Taylor.
Mayor Gonzales asked Mr. Hejl to read the caption to Ordinance 2008-11 and
declared it officially introduced.
ORDINANCE ALLOWING A SPECIFIC USE PERMIT FOR A BED AND BREAKFAST FACILITY ON
PROPERTY DESCRIBED AS 311 DAVIS STREET; AND PROVIDING A SAVINGS CLAUSE
PUBLIC HEARING AND CONSIDER INTRODUCING ORDINANCE 2008-12 REGARDING A REQUEST
BY MARVIN HEGAR TO REZONE PROPERTY AT 811 CARLOS G. PARKER BLVD. FROM R-1
SINGLE FAMILY TO B-1 LOCAL BUSINESS.
Mr. Elsden presented a request from Mr. Marvin Hegar to rezone property located
at 811 Carlos G. Parker Blvd. Mr. Hegar was present to respond to questions.
Mayor Gonzales opened the public hearing and Mr. Hegar came forward to state
that his property is currently divided with two zoning categories and would
like to see it zoned with only one category, Local Business. No other public
comment was heard and Mayor Gonzales closed the Public Hearing. Mr. Hejl read
the caption to Ordinance 2008-12 and it was declared officially introduced.
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 1.5 ACRES IN THE WM. J. BAKER SURVEY,
FROM SINGLE FAMILY (R-1) DISTRICT TO LOCAL BUSINESS (B-1) DISTRICT.
10. CONDUCT PUBLIC HEARING
AND CONSIDER INTRODUCING ORDINANCE 2008-13 EXTENDING HOURS OF SALE AND
CONSUMPTION OF ALCOHOL WITHIN THE CITY LIMITS OF THE CITY OF TAYLOR.
Mr. Dunaway provided Council with a formal request to consider an ordinance
that would extend the hours of the sale and consumption of alcohol until 2
a.m. This item was on the previous Council agenda for general discussion and
staff was asked to allow time for public input before placing an ordinance on
the agenda. Three emails were received opposing the ordinance and Council
Member Jez reported numerous calls from citizens expressing their opposition as
well. She stated that she believes this is a family values issue and is not in
favor of this ordinance. Council Member Hortenstine expressed his concern for
the broad scope of the ordinance which would extend the sale of alcohol to all
establishments in the city limits, not just for Mr. Gomes’ enterprise.
When asked about any statistics regarding a potential change in crime, Chief
Straub reported it would be difficult to establish an accurate relationship
between crime and the extension of hours and that his department had received a
total of ten calls within the past year from any alcohol related establishment
within City limits.
Mayor Gonzales opened the Public Hearing and Mr. Tony Gomes presented a
petition containing 265 signatures “in support of the request for extended
hours for live entertainment for Taylor.” He also provided Council with a
list of sixteen reasons to approve the Ordinance with an emphasis on economic
development. Mr. Leshon Young, Mr. Joe Naizar, Mr. Richard Torres, Mr. Cole
Reed, and Mr. Tim Carnes all expressed their support of this Ordinance.
Mayor Gonzales asked Mr. Hejl to read the caption to Ordinance 2008-13 and
declared it officially introduced. He asked staff to place the item on the
next regular agenda, rather than the consent agenda, to continue any discussion
prior to a vote.
ORDINANCE TO EXTEND HOURS FOR THE SALE OF MIXED BEVERAGES AND BEER; AND
PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR
(Council Member Jez completed an affidavit
and recused herself prior to any discussion on Item No. 11.)
11. CONSIDER SUBMISSION OF
WASTEWATER CERTIFICATE OF CONVENIENCE AND NECESSITY (CCN) AMENDMENT TO THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY (TCEQ).
Mr. Dunaway presented a request to consider an application to amend the current
Certificate of Convenience and Necessity (CCN) for wastewater services. Once
approved, a CCN requires the holder to provide continuous and adequate utility
service to all of its retail customers in that area. However, if the cost of
providing service to a remote customer is extreme, the customer may seek to
have its property decertified from the city and get service from another
provider. Mr. Mike Morrison, Project Manager with Freese and Nichols, also clarified
the ability of landowners with 25 acres of property to “opt out” of the
proposed service area.
Council Member McDonald moved to approve the submission of the CCN amendment as
presented and Council Member Hortenstine seconded the motion. VOTE: Three
voted AYE. Motion Passed.
(Council Member Jez rejoined the Council for the remaining items.)
12. CONSIDER RESOLUTION R08-6
REQUESTING TEMPORARY STREET CLOSURES FOR MAIN STREET ACTIVITIES.
Ms. Jean Johnson, Director of Main Street, presented a request to Council to
consider allowing the City to temporarily close
Council Member Jez moved to approve Resolution R08-6 and Council Member Hortenstine
seconded the motion. VOTE: Four voted AYE. Motion passed.
13. CONSIDER REQUEST FROM MAIN STREET BOARD TO SELL BEER AT THE BLOOMIN’ FESTIVAL.
Ms. Tracy Terry, Main Street Coordinator, presented a request to Council to
consider allowing the sale of beer at the Bloomin’ Festival on May 3, 2008.
Ms. Terry provided a map of the proposed site and indicated that it would was
far removed from the children’s activity area. She also indicated that the
area would be fenced and the gate monitored to ensure that no minors would be
allowed to enter the area and that no alcohol would leave the gated area. The
hours of sale would be the same as the festival, from 10:00 a.m. to 5:00 p.m.
Council Member Hortenstine moved to approve the request to sell beer at the
2008 Bloomin’ Festival and Council Member Jez seconded the motion. VOTE: Four
voted AYE. Motion passed.
14. CONSIDER ADDITIONAL
SERVICES CONTRACT WITH FREESE & NICHOLS, INC. FOR REVISION OF THE PLANS FOR
REPAIRS TO THE MURPHY PARK DAM.
Mr. Dunaway presented a request to Council to consider approving a contract
with Freese and Nichols for additional work on the plans to repair the Murphy Park Lake dam. Mr. Nichols was present to respond to any questions about the
Council Member McDonald moved to approve $23,137.40 from the 1998 C. O. funds
and the contract for additional services with Freese & Nichols. Council
Member Hortenstine seconded the motion. VOTE: Four voted AYE. Motion passed.
15. CONSIDER QUARTERLY UPDATE
Mr. Danny Thomas, Director of Public Works, and Mr. Casey Sledge, consulting
City Engineer, presented an update to Council on current and proposed capital
Council Member Hortenstine moved to accept the report as presented and Council
Member Jez seconded the motion. VOTE: Four voted AYE. Motion passed.
With no further business; Mayor Gonzales adjourned the meeting at 8:23
Susan Brock, City Clerk