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The City Council of the City of Taylor met on February 12, 2009 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 Pumphrey Jez                     Interim City Manager, Jim Dunaway

Council Member Bernabe Gonzales                    City Attorney, Ted Hejl

Council Member Don Hill                                   City Clerk, Susan Brock

Council Member John McDonald                      

INVOCATION

Mr. Danny Thomas led the group in prayer.

 

PLEDGE OF ALLEGIANCE


CITIZENS COMMUNICATION

No citizens came forward.

CONSENT AGENDA

1.      MINUTES FOR JANUARY 27, 2009.

2.      ORDINANCE 2009-3 REGARDING THE HOTEL/MOTEL TAX.
Council Member McDonald moved to approve the consent agenda as presented and Council Member Hill seconded the motion.  VOTE:  Five voted Aye.  Motion passed.

ORDINANCE 2009-3

AN ORDINANCE OF THE CITY OF TAYLOR, TEXAS, REGARDING THE COLLECTION OF HOTEL MOTEL TAXES WITHIN THE CITY; PROVIDING FOR A FINE OR PENALTY OF THIS ORDINANCE AS A MISDEMEANOR NOT TO EXCEED $500.00 FOR EACH OFFENSE, EXCEPT HOWEVER, WHERE A DIFFERENT PENALTY HAS BEEN ESTABLISHED BY STATE LAW FOR SUCH OFFENSE, IN WHICH EVENT THE PENALTY SHALL BE FIXED BY STATE LAW AND IF DEEMED A VIOLATION OF ANY PROVISIONAL LAW THAT GOVERNS FIRE SAFETY, ZONING, OR PUBLIC HEALTH AND SANITATION, THE PENALTY SHALL NOT EXCEED THE SUM OF $2,000.00 FOR EACH OFFENSE; PROVIDING A SAVINGS, REPEALER, SEVERABILITY, AND EFFECTIVE DATE CLAUSES.

 

REGULAR AGENDA – REVIEW/DISCUSS & CONSIDER/ACTION:

3.      CONSIDER APPROVING ORDINANCE 2009-7 AMENDING ANIMAL ORDINANCE 2008-21 WITH REGARDS TO KEEPING CHICKENS IN THE CITY LIMITS.
In the absence of Chief Jeff Straub, Captain Don Georgens presented a request to Council to consider approving Ordinance 2009-7 that was introduced at the January 27, 2009 council meeting.  He stated that there were no changes made to the ordinance since the previous meeting.  Mayor Hortenstine stated there would be no additional discussion on this item and entertained a motion.

 

Council Member Hill moved to approve Ordinance 20097-7 as presented and Mayor Pro Tem Jez seconded the motion.  VOTE:  Four voted AYE; One voted NO (Council Member Gonzales).  Motion passed.

 

ORDINANCE NO. 2009-7

 

AN ORDINANCE OF THE CITY OF TAYLOR, TEXAS, ESTABLISHING GENERAL REGULATIONS FOR THE CONTROL OF ANIMALS WITHIN THE CITY; ESTABLISHING AN ANIMAL CONTROL OFFICER; ESTABLISHING AN ANIMAL CONTROL APPEALS BOARD; REQUIRING VACCINATIONS AND REGISTRATIONS OF REQUIRED ANIMALS; PROHIBITING ANIMALS FROM RUNNING AT LARGE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE, EXCEPT WHERE A DIFFERENT PENALTY HAS BEEN ESTABLISHED BY STATE LAW FOR SUCH OFFENSE, OR FOR ANY VIOLATION OF ANY PROVISION WHICH GOVERNS PUBLIC HEALTH OR 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



4.      CONDUCT PUBLIC HEARING AND CONSIDER INTRODUCING ORDINANCE 2009- 4 FOR FEE-IN-LIEU OF SIDEWALK CONSTRUCTION.    
Mr. Bob vanTil, Director of Community Development, presented a request to conduct a Public Hearing and to consider carrying the Public Hearing over to the March 12 Council meeting in order to rework the details before officially introducing Ordinance 2009-4.   The purpose of this Ordinance is to allow property owners an opportunity to pay a fee in lieu of building a sidewalk as required by the Subdivision Ordinance.     


Mayor Hortenstine opened the Public Hearing; hearing no comments, he asked that the hearing be continued until the March 12 Council meeting.

5.      CONDUCT PUBLIC HEARING AND INTRODUCE ORDINANCE 2009-10 DESIGNATING 1103 SW CARLOS G. PARKER BLVD AS REINVESTMENT ZONE NO. 7.
Mr. vanTil presented a request to conduct a Public Hearing and to consider an ordinance to designate a property located on Carlos G. Parker Blvd. as a reinvestment zone.  This designation would allow property owners to apply for a tax rebate and could be offered as an incentive to developers looking for property. 

Mayor Hortenstine asked Mr. Hejl to read the caption and declared Ordinance 2009-10 introduced. 

ORDINANCE 2009-10

AN ORDINANCE OF THE CITY OF TAYLOR, TEXAS, DESIGNATING A CERTAIN AREA AS REINVESTMENT ZONE NUMBER 7 FOR COMMERCIAL/INDUSTRIAL TAX ABATEMENT, ESTABLISHING THE BOUNDARIES THEREOF AND OTHER MATTERS RELATED THERETO.

 

6.      CONDUCT PUBLIC HEARING AND CONSIDER INTRODUCING ORDINANCE 2009-2 FOR BUSINESS PARK ZONING DISTRICT.  
John Elsden, City Planner, presented a request to conduct a public hearing and to consider approving an ordinance to rezone two areas near the airport and two areas near north Main Street that would become Business Park (BP) Districts.  The BP District designation allows these properties to be available for “office buildings, light/high technology manufacturing, and hotel, motel, and restaurant uses”.   This designation is consistent with the Future Land Use Plan.

Mayor Hortenstine opened the Public Hearing and Mr. Bo Brasfield asked how this would affect current property owners in these zoning districts.  Mr. Elsden responded that properties will become eligible for rezoning to Business Park at the request of the property owner.  With no further comment, Mayor Hortenstine closed the public hearing and asked Mr. Hejl to read the caption, declaring Ordinance 2009-2 introduced. 

ORDINANCE NO. 2009-2

 

AN ORDINANCE OF THE CITY OF TAYLOR, TEXAS, AMENDING ORDINANCE 2001-17 THE TAYLOR ZONING ORDINANCE, ADDING SECTION 2.141 AND SECTION 2.142, BUSINESS PARK 1 AND BUSINESS PARK 2; MODIFYING TABLE 3, ZONING DISTRICT USE TABLE; ADDING DEFINITIONS TO CHAPTER 11; AND PROVIDING A SAVINGS CLAUSE.

 

7.      CONSIDER REQUEST FROM IESI TO INCREASE FEES.
Mr. Dunaway presented a request from IESI, the City’s solid waste services provider, to consider an extension of their contract as well as a rate increase.   Mr. James Hare, District Marketing Manager, was present to respond to any questions.  Mayor Pro Tem Jez asked about the possibility of adding curbside recycling to the service and requested that IESI staff conduct a survey of customers and a develop a cost analysis to bring back to Council prior to further discussion on this item.  Staff agreed to also put a Poll on the city website to determine the level of interest in such a program.   

Council Member Hill moved to table this item until information regarding recycling can be provided and to bring back the item on the March 12 agenda.  Mayor Pro Tem Jez seconded the motion.  VOTE:  Five voted AYE.  Motion passed.

 

8.      CONSIDER ESTABLISHING A POLICY FOR RENTAL OF MURPHY PARK PAVILION TO NON-PROFIT AGENCIES, CHURCHES, AND/OR GROUPS WITH LOCAL CHAPTER STATUS.
Mr. Danny Thomas, Director of Public Works, presented a request to approve a policy for non-profit groups to receive a reduced rate to rent the pavilion in Murphy Park.  This item was previously brought before Council and staff was asked to make revisions to the original proposal.  The revised agreement includes a 50% discount for non-profit groups and adds a 25% increase to the fee(s) for non-residents who wish to use the facility.  

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

9.      CONSIDER INTRODUCING ORDINANCE 2009-9 AMENDING THE FEE ORDINANCE TO INCLUDE A FEE-IN-LIEU OF SIDEWALKS AND TO INCLUDE A PROVISION FOR REDUCED FEES TO NON-PROFIT ORGANIZATIONS FOR RENTAL OF THE PAVILION AT MURPHY PARK.  
Ms. Rosemarie Dennis presented a request to consider amending the Fee Ordinance to add the newly approved rates for non-profit rental of the park pavilion.  The amendment will not include the fees related to sidewalk since this issue was not fully addressed and the Ordinance was not introduced.

Mayor Hortenstine asked Mr. Hejl to read the caption and declared Ordinance 2009-9 officially introduced without the side walk fee in Exhibit “A”.


ORDINANCE NO.  2009-9

 

AN ORDINANCE AMENDING ORDINANCE NO.  2008-31 ADOPTED ON SEPTEMBER 23, 2008, BY CHANGING CERTAIN RATES AND OTHER SERVICES PROVIDED BY THE CITY



10.  CONSIDER REQUEST FROM TAYLOR YMCA FOR USE OF MURPHY PARK FOR SUMMER CAMP JUNE-AUGUST, 2009.
Mr. Thomas presented a request from the Taylor YMCA to use the pavilion at Murphy Park for a summer camp this year.  Ms. Jennifer Bullock and Ms. Chris Colville with the YMCA were present to respond to questions.  This item was presented at a previous Council meeting and was tabled while staff was asked to provide more details.  Mayor Pro Tem expressed concern over the potential for safety issues and that some of the items included in the draft agreement also needed to be addressed. 

Council Member McDonald moved to table this item and bring back on February 24 with a revised agreement for consideration and Mayor Pro Tem Jez seconded the motion.  VOTE:  Five voted AYE. Motion passed.

11.  CONSIDER REQUEST FROM TAYLOR JAYCEES FOR USE OF MURPHY PARK.   
Mr. Thomas presented a request for Council to consider from the Taylor Jaycees to use Murphy Park for numerous annual events.   Mr. Trey Keith with the Jaycees was present and also requested Council to consider waiving fees to use the park and pavilion for these events.  He stated that the YMCA has agreed to work with them and other local groups who need use of the park during their summer camp, if approved.  

Mayor Pro Tem Jez moved to approve the request as presented without a fee for use of the pavilion and Council Member McDonald seconded the motion.  VOTE:  Five voted AYE.  Motion passed.   

12.  CONSIDER RECEIVING ANNUAL REPORT FROM THE TAYLOR MARKETING TEAM. 
Mr. Jason Ford, President TEDC, presented a power point presentation regarding the Taylor Marketing Team efforts for the year 2008 and future plans to update the brand mark.

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

 

13.  DISCUSS AND CONSIDER FUTURE ANNEXATIONS.
Mr. van Til presented a review of proposed plans for future annexation.  He provided a map of areas to be considered including areas east, north, and west of the current city limits.  The area east consists of 171 acres and follows the north side of US Hwy 79 just outside of the Loop.  The area north consists of 211 acres along US Hwy 95 and would anticipate the extension of Chandler Road.  The area west consists of 620 acres and is north of CR 395 and east of CR 101 in an effort to move north towards Chandler Road extension as well as protect our extraterritorial jurisdiction to the west towards Hutto.  Council Member McDonald expressed his concern for not being more aggressive in our annexation efforts and Mayor Pro Tem Jez asked about annexing the area on FM 973 near the future site of the East Williamson County Higher Education Center.  Staff agreed to investigate future areas to consider and will bring back more information for further review.

14.  CONSIDER APPROVING ARTICLES OF INCORPORATION AND BYLAWS FOR THE TAYLOR COMMUNITY DEVELOPMENT CORPORATION (TCDC).
Mr. van Til presented a request to Council to approve Articles of Incorporation and Bylaws for the Taylor Community Development Corporation (TCDC).  The concept of the TCDC was approved by Council in November, 2008.

Council Member McDonald moved to approve the Articles of Incorporation and Bylaws of the TCDC as presented and Council Member Hill seconded the motion.  VOTE:  Five voted AYE.  Motion passed.

15.  CONSIDER RESOLUTION R09-6 IMPLEMENTING EMISSIONS REDUCTION ACTIONS TO ASSIST IN CLEAN AIR EFFORTS AND TO MAINTAIN WILLIAMSON COUNTY’S DESIGNATION AS “ATTAINMENT” IN REGARDS TO GROUND LEVEL OZONE STANDARDS.
Mr. Dunaway presented a request to Council to consider a resolution to support the implementation of emissions reduction actions.  Commissioner Ron Morrison is seeking support to assist the county in its efforts to comply with both state and federal emission guidelines. 

Council Member Hill moved to approve Resolution R09-6 as presented and Mayor Pro Tem Jez seconded the motion.  VOTE:  Five voted AYE.  Motion passed.

16.  EXECUTIVE SESSION I. 
The Taylor City Council will conduct 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 551.072 in order to deliberate regarding acquisition of real property.

17.  EXECUTIVE SESSION II.  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 Hortenstine adjourned Council into closed session at 8:35 pm.

18.  CONSIDER ACTION FROM EXECUTIVE SESSIONS I AND II.
Mayor Hortenstine reconvened Council into open session at 8:50 p.m. and stated that no action was taken on any mater discussed in any Executive Session. 

ADJOURN

            With no further business; Mayor Hortenstine adjourned the meeting at 8:50 p.m.


                                                                                                     

                                                                                                      ___________________________

                                                                                                      Rod Hortenstine, Mayor 

ATTEST:

 

___________________________

Susan Brock, City Clerk