View Other Items in this Archive | View All Archives | Printable Version

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 present:

 

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

                                                                             City Clerk, Susan Brock

INVOCATION

Mr. Danny Thomas led the group in prayer.

 

PLEDGE OF ALLEGIANCE

 

CITIZENS COMMUNICATION

No citizens came forward.

CONSENT AGENDA

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. Motion passed.

 

REGULAR AGENDA – REVIEW/DISCUSS & CONSIDER/ACTION:
           

2.      PROCLAMATION: 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.

 

3.      PROCLAMATION: 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.   

4.      PROCLAMATION: APRIL AS FAIR HOUSING MONTH. 
Mayor Gonzales presented a proclamation declaring April as Fair Housing Month.

 

5.      CONSIDER 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.



6.      CONDUCT 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.

ORDINANCE NO. 2008-08

 

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.



7.      CONDUCT 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

 

AN ORDINANCE ALLOWING A SPECIFIC USE PERMIT FOR A CHILD CARE CENTER ON PROPERTY DESCRIBED AS 401 WEST SEVENTH STREET; AND PROVIDING A SAVINGS CLAUSE

 

8.      CONDUCT 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 NO. 2008-11

 

AN ORDINANCE ALLOWING A SPECIFIC USE PERMIT FOR A BED AND BREAKFAST FACILITY ON PROPERTY DESCRIBED AS 311 DAVIS STREET; AND PROVIDING A SAVINGS CLAUSE


9.      CONDUCT 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 NO. 2008-12

 

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 1.5 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 NO. 2008-13

 

AN ORDINANCE TO EXTEND HOURS FOR THE SALE OF MIXED BEVERAGES AND BEER; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. 


(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 project. 

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 ON CIP.
Mr. Danny Thomas, Director of Public Works, and Mr. Casey Sledge, consulting City Engineer, presented an update to Council on current and proposed capital improvement projects.

Council Member Hortenstine moved to accept the report as presented and Council Member Jez seconded the motion.  VOTE:  Four voted AYE.  Motion passed.

ADJOURN

      With no further business; Mayor Gonzales adjourned the meeting at 8:23 p.m.


                                                                                                     

                                                                                                      ___________________________

                                                                                                      Bernabe Gonzales, Mayor

ATTEST:

 

___________________________

Susan Brock, City Clerk