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12/03/2001-CC-Minutes-RegularMINUTES: CITY COUNCIL DECEMBER 3, 2001 PRESENT: Mayor Tommy Kincaid, Councilman Craig Waggoner, Councilman Joe Higgs, Councilman Glenn Ervin, Councilman Andy Garza, Councilman Jimmy Evans 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, Code Enforcement Officer Ken Wilson, Police Chief Curtis Amyx 1. 2. 3. 4. 5. Mayor called meeting to order, and led the invocation followed by the Pledge of Allegiance. a) Approve Minutes: b) Disbursements CONSENT AGENDA November 19, 2001 Councilman Higgs moved to approve the Consent Agenda as presented. Councilman Evans seconded. Motion carried unanimously. Citizen's Input. None. Consider and Possible Action on Ordinance #12-30-01-Amending the Juvenile Curfew. Curtis Amyx indicated under the advice of the attorney the curfew during school hours in the current ordinance was unconstitutional. There also was not a curfew listed for Saturday night, which has been added. Councilman Waggoner moved to accept Ordinance 4412-30-01. Councilman Ervin seconded. Motion carried unanimously. Mayor read caption as follows: AN ORDINANCE OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, AMENDING CHAPTER 7, ARTICLE '7.601- CURFEW HOURS (2) OF THE CITY OF SANGER CODE OF ORDINANCES, AND PROVIDING FOR THE REPEAL OF ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND, PROVIDING FOR AN EFFECTIVE DATE. Consider and Possible Action on Resolution #12-11-01-Declaring the Sanger Courier as the City's Official Newspaper 6. 7. Councilman Evans moved to approve Resolution #12-11-01, Councilman Ervin seconded. Motion carried unanimously. Consider and Possible Action to Cast Vote for Representation on the Denton County Transportation Authority, City Manager indicated Sanger did not have anyone nominated, and he recommended George Purefoy of Frisco. Councilman Higgs moved to vote for George Purefoy. Councilman Evans seconded. Motion carried unanimously. Consider and Possible Action on Resolution #12-11-01- Adopting a Policy in Regards to Racial Profiling, Police Chief Curtis Amyx indicated ion September 1, 2001 legislature passed that all Police Departments had to pass a racial profiling policy. He indicated this was a generic policy that most all police departments are using. Councilman Ervin asked about training. Evans moved to adopt Resolution 12-11-01. carried unanimously. 8. Discussion of the Metal Building Ordinance. Councilman Ervin seconded. Motion Councilman Garza indicated he felt they could just brick the front. Mayor agreed with Councilman Garza. Ken Wilson, Code Enforcement Officer, indicated he felt it would work to drop industrial form the ordinance, and have the regulations for Business zoning only.. Discussion regarding the current ordinance. Councilman Evans indicated he felt it should be bricked only on the front, unless its on a corner. Mayor suggested they take out Iand I-2 from the ordinance. Continued discussion on the current ordinance. Ken Wilson indicated the new daycare will be on a corner lot and the side wall will be about 70 foot. Discussed that buildings on corner lots should be bricked on the side facing the street. City Secretary indicated if a certain business does not want to brick their building, they can go before the Board of Adjustments and request a variance. Councilman Ervin asked if the Planning and Zoning, Board of Adjustments and City Council could meet and discuss the ordinance before they make changes. Mayor indicated he has tried to base his decisions on feed from the City Manager and staff, and he would like some guidance on this issue. City Secretary indicated if you take Industrial out of the ordinance you are not prohibiting Industry from coming. Councilman Evans felt in Business it should be bricked on the front and if on a corner the side facing the street should also be bricked. Mayor directed staff to drop I-1 and I-2 from the ordinance, leave the requirement for brick on the front of all buildings in Business, and on the side facing the street if it is on a corner lot. 9. Any Other Such Matters. a) Councilman Garza asked about the item about to come before the Board of Adjustments in Willowood Addition, he indicated he thought that variances on subdivisions were not going to be granted any more. City Secretary indicated the deed restrictions that were given out on the subdivision were in conflict with City ordinances. The city attorney indicated the deed restrictions were void. She at that time wrote the owner a letter and advised them to not use the deed restrictions; however Mr. Wright was given these restrictions when he purchased the lot. Code Enforcer indicated a house would not fit on the lot and meet the current setbacks. Discussion. b) Councilman Ervin asked for update on Police Department Building. City Manager indicated they are in the process of getting the loan, and they will move in after renovations. Councilman Ervin asked if they were going to try to figure out what to do with the sidewalks at that same time. City Manager indicated they would. c} Councilman Ervin asked if the High School was required to put in sidewalks. City Manager indicated it is not a subdivision and they are not required to put them in. d) City Secretary indicated there was a new law that will be put into effect April 1, 2001, in which the County and the City will have to agree on whose subdivision regulations would be used in the E.T.J. The City missed the meeting at the County, she indicated she would call to see what was discussed and what can be done. Discussion. 10. Meeting Adjourned. 0 Mayor I dMmy Kincaid Rosalie