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11/04/2002-CC-Minutes-RegularMINUTES: CITY COUNCIL NOVEMBER 4, 2002 PRESENT: Mayor Tommy Kincaid, Councilman Glenn Ervin, Councilman Joe Higgs, Councilman Andy Garza, Councilman Mike James ABSENT: Councilman Jimmy Evans OTHERS PRESENT: City Manager Jack Smith, City Secretary/Assistant City Manager Rose Chavez, Assistant City Secretary/Administrative Assistant Samantha Renz, Police Chief Curtis Amyx, Streets/Parks Superintendent John Henderson, Water/Wastewater Superintendent Eddie Branham, City Engineer Mark Owens, Crystal Brown, Belinda Garza, Mike Dobrovolsky, and Shelley Ruland, 1. Mayor Called Meeting to Order, led the Invocation, followed by the Pledge of Allegiance. Mayor read a letter regarding the kindness of Sanger's citizens. CONSENT AGENDA 2. a) Approve Minutes: October 21, 2002 b) Disbursements Councilman James moved to approve the Consent Agenda, Councilman Garza seconded. Motion carried unanimously. 3. Citizen's Input. 4. Conduct Second Public Hearing on Proposed Annexation of the Following Properties: ABSTRACT 1241, PART OF TRACT 46, BEING 6.158 ACRES (PART OF A 10 ACRE TRACT) JIlVI MCNATT CHEVROLET, AND ABSTRACT 29, TRACT 62, BEING 25.23 ACRES Public Hearing Opened. City Secretary explained the reason for pulling the three other proposed annexations was that the City Attorney had indicated there were new annexation laws, and one of those laws was that all inhabitants of the property had to be notified 30 days prior to the first public hearing. 3 Councilman Garza asked about the 1000 foot R.O.W. Staff explained we had annexed down the R.O.W.; however, the last time it was done was in 2001. Brief Discussion, Public Hearing closed. 5. Consider and Possible Action on Ordinance #11-32-02 -Amending the City of Sanger Zoning Map. (O.T. Sanger, Block 4, Lots 4, 5 & 6) Councilman James moved to approve Ordinance #11-32-02. Councilman Higgs seconded. Motion carried unanimously. Caption as follows: AN ORDINANCE PROVIDING FOR THE AMENDMENT TO THE CENTRAL ZONING MAP OF THE CITY OF SANGER, TEXAS, AND PROVIDING FOR A ZONING CHANGE AND A ZONING CLASSIFICATION FROM I4 TO 24 (TWO- FAMILY) SPECIFICALLY DESCRIBED HEREIN; AND PROVIDING FOR IlV M DIATE EFFECT, 6. Consider and Possible Action on Ordinance #11-33-02 -Amending the Street Cut Permit Requirements. City Manager indicated we currently have a $2.00 fee for the street cut permit. The new ordinance will require an inspection, and regulate how the street is repaired. City Secretary indicated that when the concrete streets are cut, the City is sometimes bearing the cost of repairs, we currently do not have any regulations as to now it should be repaired. Discussion regarding the current ordinance. Discussion regarding the proposed ordinance. Councilman James indicated he did not have the a problem with the Ordinance as long as there were no exceptions made. Councilman Higgs moved to adopt Ordinance #11-33-02, Councilman Garza seconded. Motion carried unanimously. Caption as follows: THAT CHAPTER 3, ARTICLE 3.1300 AND APPENDIX ARTICLE 3.800 (FEE SCHEDULE) OF THE CODE OE ORDINANCES OF THE CTI'Y OF BANGER, TEXAS, IS HEREBY AMENDED REGULATING STREET CUT AND EXCAVATION REPAIRS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY; AND PROVIDING FOR AN EFFECTIVE DATE. 7. Consider and Possible Action on the Interlocal Agreement for Fire Protection Services between the City of Sanger and Denton County. City Manager indicated this was the standard annual contract, and there was an increase in the fee per run. Councilman Garza moved to approve the Interlocal Agreement. Councilman James seconded. Motion carried unanimously. 8. Consider and Possible Action on Ordinance # 11-34-02 -Repealing Ordinance #10-13- 98 - Regarding Swimming Pool Enclosures. City Manager indicated this ordinance was passed a couple of years ago, and in researching the ordinances, staff found that there was already an ordinance in place. The new ordinance was in conflict with the existing ordinance. Councilman Higgs moved to adopt Ordinance #11-34-02 -Repealing Ordinance #10-13- 98 - Regarding Swimming Pool Enclosures. Councilman James seconded. Motion carried unanimously. 9. Consider and Possible Action on Donation of Drug Control Dog. Police Chief indicated they use the Denton County Task Force for undercover work. They would like to donate the dog to this task force. The dog will be kept in Sanger, and the City will still have access to her. They will also do 4 drug searches per year at the school. Brief Discussion. Councilman Garza moved to proceed with the donation. Councilman James seconded. Motion carried unanimously. 10. Consider and Possible Action on Ordinance # 11-35-02- Amending 8.402 to Include Item # (4) "Firing or Discharging of Firearms in a Shooting Gallery". City Manager indicated there may be something like a Bass Pro Shop wanting to build in Sanger, and they may want to put in a shooting gallery. At this point, we don't have anything that would allow it, staff is proposing a change in the ordinance to allow it. Discussion regarding rules and loaded weapons. 110 Councilman James moved to adopt Ordinance #11-34-02. Councilman Garza seconded. Motion carried unanimously. Consider and Possible Action of Change Order for Texas Electric Utilities on Phase 1 Street Reconstruction Project. City Engineer, Mark Owens, indicated that when the project was originally bid, the pIan was to totally reconstruct Willow St., and then overlay the others. When they started going down 7' Street, they found old sewer and water pipes that needed to be replaced, and they didn't want to pave over them. Mayor asked how much the original contract was. City Engineer indicated $278,000.00. Discussion continued regarding the project. The Change order is for a total of $137,506.14. Councilman Garza moved to accept the change order, Councilman Higgs seconded. Motion carried unanimously. Brief discussion regarding the scheduling. 12. Adjourn. ATTF sue: ayor mmy Kincaid