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02/02/2004-CC-Minutes-RegularMINUTES: CITY COUNCIL February 2, 2004 PRESENT: Mayor Tommy Kincai(s, Councilman Andy Garza, Councilman Mike James, Councilman Jimmy Evans, Councilman Joe Higgs, Councilman Glenn Ervin OTHERS PRESENT: City Manager Jack Smith, City Secretary/Assistant City Manager Rose Chavez, Administrative Assistant/Assistant City Secretary Samantha Renz, Water Wastewater Superintendent Eddie Branham, Electric Superintendent Mike Prater, Police Chief Curtis Amyx, Streets/Parks Superintendent John Henderson, City Engineer Mark Owens, John Springer, Liz Springer, W.L. Barton, Merrie Lou Abney, Greg Russell, Art Kramer, C.J. Smith, Scott Caruthers, Chris Bengston, Phil Waters, Stephanie Roberson, Teresa Waters, Melvin January, Shelley Ruland, Mike Dobrovolsky 1. Mayor Called Meeting to Order, Councilman Garza led the Invocation, Councilman Ervin led the Pledge of Allegiance. CONSENT AGENDA 2. a) Approve Minutes: January 20, 2003 - workshop January 20, 2003 b) Disbursements Councilman Evans moved to approve the Consent Agenda, Councilman Higgs seconded, Motion carried unanimously. 3. Citizen's Input. Phil Waters, 206 S. 3rd Street, indicate with the recent work on the streets their were considerable changes made to his property after he spent several thousand dollars on landscaping. His indicated his concern was that since they hooked them up to the new sewer main, they have had problems with sewage back up. Recently they had a problem with the sewer backing up into the home. The plumber's bill was $140.00. He discovered the problem was in the main and his equipment was not big enough to correct the issue. His plumber said that the City workers ran 200 feet of cable into the line and hit mud, they ran it a second time to clear it. Since that time it has been clean. His plumber told him it was the main sewer line. He spoke to Rose when he received the bill. At first, they indicated the problem was in the line, he was told that it was probably something from his line that blocked the main. He was then told that the city did not monitor the sewer line, and that he was responsible for the bill. His tax dollars pay for the new sewer line, and he felt it should be the city's responsibility. Mayor indicated he would look into it. City Secretary explained it was turned over to TML, the city's insurance carrier. 4. Issue Election Order for May 15, 2004 Election. Councilman Evans moved to Issue the Election Order for the May 15, 2004 Election, Councilman James seconded, Motion carried unanimously. 5. Conduct Public Hearing to Consider a Zoning Change from AG (Agriculture and MF2 (Multifamily - 2) to B2 (Business) and SF7 (Single Family 7) on property legally described as Abstract 29, Reuben Bebee Survey, Tract 64 and part of Tract 63. Property is located between F.M. 455 and McReynolds Road, West of the High School site and Indian Lane, Public Hearing opened. No Discussion. Public Hearing closed. 6. Consider and Possible Action Regarding a Zoning Change from AG (Agriculture and MF2 (Multifamily - 2) to B2 (Business) and SF7 (Single Family 7) on property legally described as Abstract 29, Rueben Bebee Survey, Tract 64 and part of Tract 63. Property is located between F.M. 455 and McReynolds Road, West of the High School site and Indian Lane, City Manager indicated this come before Planning sand Zoning and was approved unanimously. Councilman James asked if there was any reason they chose B2 instead of B1. Melvin January, engineer for the property developer, indicated they chose $2 to allow a Home Depot or Lowe's or something of that nature. Councilman James asked what size home was SF7. City Manger indicated down to 1200 square feet. Mr. January indicated they will be requesting a variance on the lot width, some of the lots will be 60 feet wide. City Manager indicated the minimum lot size is 7000 square foot, and advised they will have to specify a letter for the home size. Joe Smith indicated 1250 square foot minimum was what he was told. City Manager asked if he had a problem with a 1350 square foot minimum on the home size. Joe Smith indicated he did not. Councilman James moved to change the zoning from AG and MF2 to B2 and SF7F on property legally described as Abstract 29, Rueben Bebee Survey, Tract 64 and part of Tract 63. Property is located between F.M. 455 and McReynolds Road, West of the High School site and Indian Lane. Councilman Garza seconded. Motion carried unanimously. 7. Consider and Possible Action on Final Plat for Quail Run, Phase 2. Located off of Cowling Road. City Manager indicated the Planning and Zoning Commission also unanimously approved this. Councilman Higgs moved to approve the Final Plat for Quail Run, Phase 2. Councilman Garza seconded. Motion carried unanimously. 8. Consider and Possible Action on Resolution #01-03-04 -Providing for Exemption from the Inscription Requirement for Unmarked Police Vehicles. Police Chief indicated any police or city vehicle without markings cannot have exempt tags. This is a formality, it is required for the police department to be able to apply for regular plates. Councilman Garza moved to approve Resolution #01-03-04. Councilman James seconded. Motion carried unanimously. 9. Consider and Possible Action on Ordinance #01-03-04 -Amending the Metal Building Ordinance. Item tabled for changes to Ordinance. 10. Consider and Possible Action on Ordinance #02-04-04 -Amending the Park and Open Space Requirements, 11. 12. City Manager indicated we have allowed developers to utilize detention/retention ponds for parks, this will at least require a trail and benches. Discussion. Item tabled for changes to Ordinance. Consider and Possible Action on Real Estate Matters. Mayor convened into Executive Session pursuant 4- Reconvened at 8:16 p.m. Councilman James moved to authorize the Cit discussed in Executive Session. Councilman unanimously. Meeting Adjourned. y Manager to proceed on the items Garza seconded. Motion carried