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03/05/2012-CC-Minutes-RegularMINUTES: CITY COUNCIL MEETING March 5, 2012 PRESENT: Mayor Thomas Muir, Councilwoman Marjory Johnson, Councilman Russell Martin, Councilman Scott Stephens, Councilman Gary Bilyeu and Councilman Andy Garza OTHERS PRESENT: Mike Brice City Manager, Tami Taber City Secretary, Joe Iliff Development Services Director, David Gregory Taco Bell Representative, Kandyce LaFleur, Kelli and Sam Alexander 1.Call Meeting to Order, Invocation, Pledge of Allegiance. Mayor Muir called the meeting to order at 7:00 p.m. Councilman Garza led the Invocation followed by Councilman Bilyeu leading the Pledge of Allegiance. 2.Citizens Input: (Citizens are allowed 3 minutes to speak. The City Council is unable to respond or to discuss any issues brought up during this section). Kelli and Sam Alexander spoke about animal control. CONSENT AGENDA 3.a) Approval of Minutes: February 6, 2012 - Work Session February 6, 2012 - City Council b) Disbursements c) Approve Proclamation #03-05-12 - Proclaiming March 18-24, 2012, as Poison Prevention Week Councilman Martin made a motion to approve only Items a, b and c. Seconded by Councilman Stephens. Motion carried unanimously. 4. Consider any Items Removed from Consent Agenda. d) Discuss, Consider and Possibly Act on Approving Resolution #R03-01-12 - Suspending the Effective Date for Ninety Days in Connection With Rate Increase Filing of ATMOS Energy Corporation on or about January 31, 2012. Dennis Jones of ATMOS Energy reminded Council that the City of Sanger is part of a coalition of cities who are requesting suspending the effective date to allow more time for discussion and negotiations. Councilman Bilyeu made a motion to approve Resolution #R03-01-12. Seconded by Councilman Garza. Motion carried unanimously. REGULAR AGENDA 5.Conduct a Public Hearing Concerning a Request for Alternative Exterior Building Materials and/or Design for a Proposed Taco Bell Restaurant to be Constructed on Lot 1, Block A of the Ray Roberts Plaza Addition, Located on the East Side of Interstate 35 Between FM 455 (Chapman Drive) and Maple Street. Mayor opened the Public Hearing at 7:13 p.m. David Gregory, Taco Bell representative, discussed the use of EIFS in lieu of stucco as the primary building material. Kandyce La Fleur voiced her concern that if the City is too rigid, that it restricts new businesses and she felt that any new business in Sanger is a plus. Mayor closed the Public Hearing at 7:25 p.m. 6.Discuss, Consider, and Possibly Approve a Request for Alternative Exterior Building Materials and/or Design for a Proposed Taco Bell Restaurant to be Constructed on Lot 1, Block A of the Ray Roberts Plaza Addition, Located on the East Side of Interstate 35 Between FM 455 (Chapman Drive) and Maple Street. Council had a brief discussion with the Taco Bell representative, David Gregory. Councilwoman Johnson made a motion to approve the use of EIFS based on exhibits presented in the Council packet and to meet or exceed architectural standards. Seconded by Councilman Martin. Motion carried unanimously. 7.Discuss, Consider, and Possibly Act on Approving the Proposed Replat of Lot 1, Block A, of the Ray Roberts Plaza Addition, 1.482 Acres, Located Between 10th Street and Interstate 35 South of FM 455 (Chapman Drive). This item would allow Taco Bell to be on its own property. Councilwoman Johnson made a motion to approve. Seconded by Councilman Martin. Motion carried unanimously. 8.Conduct a Public Hearing on a Proposed Specific Use Permit for a Quick Service Food and Beverage Shop on Property Legally Described as Lot 1, Block A, Ray Roberts Plaza Addition, Located at the Intersection of Interstate 35 and Maple Street. Mayor opened the Public Hearing at 7:40 p.m. David Gregory, Taco Bell representative talked briefly. Mayor closed the Public Hearing at 7:42 p.m. 9.Discuss, Consider and Possibly Act on Approving Ordinance #03-03-12 - Amending the Comprehensive Zoning Ordinance and Official Zoning Map, by Granting a Specific Use Permit for a Quick Service Food and Beverage Shop on Property Legally Described as Lot 1, Block A, Ray Roberts Plaza Addition, Located at the Intersection of Interstate 35 and Maple Street. Councilman Martin made a motion to approve. Seconded by Councilman Bilyeu. Motion carried unanimously. 10.Discuss, Consider and Possibly Act on Approving Ordinance #03-04-12 - An Ordinance of the City of Sanger, Texas, Calling a General Election to be Held Jointly With Other Denton County Political Subdivisions for the Purpose of Electing a Mayor and Two City Council Members; Designating Locations of Polling Places; Providing for Dates, Times and Place for Early Voting by Personal Appearance; Ordering Notice of Election to be Posted and Published; Authorize the Mayor to Sign the Notice and Order and Providing for an Effective Date. Councilman Martin made a motion to approve. Seconded by Councilman Garza. Motion carried unanimously. 11.Discuss, Consider and Possibly Act on Approving Ordinance #03-05-12 - Authorizing and Ordering the Issuance of General Obligation Refunding Bonds, Series 2012; Authorizing A Pricing Officer To Approve the Amount, The Interest Rates, Price, Redemption, Provisions and Terms Thereof and Certain Other Procedures and Provisions Related Thereto; and Containing Other Matters Related Thereto. Councilman Bilyeu made a motion to approve and also named the Mayor or the City Manager as an authorized Pricing Officer. Seconded by Councilman Garza. Motion carried unanimously. 12.Consider, Discuss and Possibly Act on Approving Audit for Fiscal Year End 2010/2011 by Weaver and Tidwell LLP. Councilman Garza made a motion to approve. Seconded by Councilman Bilyeu. Motion carried unanimously. 13.Discuss, Consider and Possibly Act on Bids Received for Covering the Construction of Drainage and Paving Improvements for Sims and 4th Street. Councilman Bilyeu made a motion to award bid to 2L Construction, LLC. Seconded by Councilman Garza. Motion carried unanimously. 14. INFORMATION ITEMS: a) Financial and Investment Report - December and January b) Library Report - January 15.Adjourn. Mayor Muir adjourned the meeting at 7:57 p.m.