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01/02/2007-CC-Minutes-RegularMINUTES: CITY COUNCIL JANUARY 2, 2007 PRESENT: Councilman Glenn Erwin, Councilman Robert Patton, Councilman Andy Garza, Councilman Mike James, Councilman Mike Walker MEMBERS ABSENT: Mayor Joe Higgs OTHERS PRESENT: City Manager Jack Smith, City Secretary/Asst. City Manager Rose Chavez, Economic Development Director Cecile Carson, Kim Cox, Russell Martin 1 Call Meeting to Order. Mayor Pro-Tem Glenn Ervin called meeting to order, Councilman Garza led invocation which was followed by Councilman Patton leading the Pledge of Allegiance. CONSENT AGENDA 2. a) Approve Minutes b) Disbursements: Councilman James made a motion to approve consent agenda as presented. Councilman Walker questioned the bill from BCI for the installation of a new thermostat. City Secretary reviewed invoices and advised they installed the thermostat, but they had a service call that involved checking the unit since City Hall did not have heat in the building. Motion seconded made by Councilman Walker. Motion carried unanimously. 3. Citizen's Input: None. 4. Conduct Public Hearing on Zoning Category For Food and Beverage Drive Through Sales. Mayor Pro-Tem declared Public Hearing open. No one spoke for or against. Public Hearing closed. 5. Consider and Possible Action on Ordinance #Ol-Ol-07 Amending Chapter 14, Section 42.2 (93) Definition for Quick -Service Food and Beverage Shop and Article 3.1403 Adding Luminous Sign Regulations and Open Sign Regulations. Cecile Carson, Economic Development Director, addressed this item and advised City Council that the City, through zoning requirements can determine where land uses may be located for beer and wine sales. Ms. Carson advised our City Attorney determined this would be under the definition of food and beverage sale stores. Planning & Zoning recommended that in same ordinance this definition be adopted, "that an establishment offering food or beverage service to a customer. The outside storage or display and sale in the open outside the building of groceries, packaged beverages, and consumer goods and drive through or drive up service is prohibited." Ms. Carson also indicated that in this same ordinance on sign regulations no luminous gaseous tubing including within an enclosed building behind glass and visible outside from the public right of way through a window except open signs shall be permitted, and to add "Open" signs shall not include any other wording or advertising and shall not flash, blink or contain any movement. The City would then regulate the enforcement of this ordinance. Discussion continued and the items addressed were as follows: • Fast food can continue to have drive-thru ® Beer barns would be prohibited ® One business would be "grand -fathered" which is the Sportsman. They meet the definition and have a drive -through window so they fall in a non- conforming use. If the Sportsman sells the building the use goes with the building. If the use of the convenience store was vacated for more than 6 months then at that time it would become non conforming. Lengthy discussion followed concerning luminous signs. • Babe's sign would be "grand -fathered". Motion made by Councilman Walker to adopt Ordinance #Ol-Ol-07. AN ORDINANCE OF THE CITY OF BANGER, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE BY AMENDING SECTION 42.2 SPECIAL DEFINITIONS TO AMEND DEFINITION NUMBER 93 FOR QUICK -SERVICE FOOD AND BEVERAGE SHOP; AMENDING ARTICLE 3.1403 ADDING LUMINOUS SIGN REGULATIONS AND OPEN SIGN REGULATIONS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE Seconded by Councilman Patton. Councilman James indicated that he would like a written document to specify what establishments are to be "grand -fathered" to avoid problems in the future. Motion carried unanimously. 6. Consider and Possible Action on Ordinance #O1-02-07 Authorizing Permit Fees for Premises Authorized to Sell Beer and Wine. Cecile Carson advised that each applicant that applies to TABC for beer and wine retailers off premise permit will remit one-half of the State fee permit and a one time off premise processing fee of $200.00 to the City. Discussion. Motion made by Councilman James to accept Ordinance #O1-02-07. AN ORDINANCE OF THE CITY OF SANGER, TEXAS AUTHORIZING A PERMIT FEE FOR PREMISES AUTHORIZED TO SELL BEER AND WINE FOR OFF PREMISES CONSUMPTION AND PROCESSING FEE; AND PROVIDING AN EFFECTIVE DATE Seconded by Councilman Patton. Motion carried unanimously. 7. Consider and Possible Action on Ordinance #01-03-07 Adding Article 4.100 Regulating the Sale of Alcoholic Beverages. Cecile Carson indicated there are no variables. These are requirements set by State standards. Ms. Carson discussed the distance requirements for churches, public hospitals, day care facilities, public and private schools and addressed the following issues. • Discussion of 1,000 feet from a public school only applies to a county with a population over 900,000 • Every applicant for an original alcoholic beverage license or permit for a location with a door by which the public may enter the place of business of the applicant that is within 1,000 feet of the nearest property line of a public or private school, measured along street lines and directly across intersections, must give written notice of the application to officials of the public or private school before riling the application with the commission. Ms. Carson advised this would be included under Section 4.1004 c. and d. and added as item 3. Ms. Carson discussed how the distance requirements are measured. Lengthy discussion continued on the distance requirements and the time frame requirements for off premise wine and beer sale from TABC. Motion made by Councilman Patton to approve Ordinance #01-03-07 with amendment to add Item 3 as follows to Section 4.1004 ©) and (d) as follows: Every applicant for an original alcoholic beverage license or permit for a location with a door by which the public may enter the place of business of the applicant that is within 1,000 feet of the nearest property line of a public or private school, measured along street lines and directly across intersections, must give written notice of the application to officials of the public or private school before riling the application with the commission. Seconded by Councilman James. Ordinance Caption: Motion carried unanimously. AN ORDINANCE OF THE CITY OF SANGER, TEXAS AMENDING THE CODE OF ORDINANCES OF THE CITY OF SANGER AS HERETOFORE AMENDED, BY AMENDING CHAPTER 4, TO ADD A NEW ARTICLE 4,1000, REGULATING THE SALE OF ALCOHOLIC BEVERAGES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A PENALTY FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF FIVE HUNDRED ($500.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. 8. Conduct Public Hearing to Consider a Replat on Property Legally Described as Willowood Addition Lot 1, Block H. This will Replat into 13 Residential Lots. Mayor Pro Tem Glenn Ervin declared Public Hearing open. No one spoke for or against. Mayor Pro Tem Glenn Ervin declared Public Hearing closed. 9. Consider and Possible Action on a Replat for Property Legally Described as Willowood Addition Lot 1, Block H. This will Replat Lot 1 into 13 Residential Lots. City Manager addressed this item and referred to the memorandum from Rob Woods, City Engineer. City Manager advised the lot sizes were /You square feet. Mayor Pro Tem Glenn Ervin expressed a concern as to whether First Street on the South is going to connect with First Street on the North side. Russell Martin from Planning &Zoning Commission advised that First Street starts at Ward Addition and will eventually connect to Quail Run. Mayor Pro Tem Glenn Ervin also advised there are some major problems with the condition of First Street. Discussion followed concerning First Street. the capital improvements project. City Manager advised that First Street is on Motion made by Councilman James to accept Replat of Willowood Addition Lot 1, Block H. Seconded by Councilman Walker. Motion carried unanimously. 10. Conduct Public Hearing to Consider a Zoning Change from Agriculture (AG) to Business 2 (B2) on Property Legally Described as N.L. Hobbs Addition, Lots 1-4, Block A. Property is Located on the Corner of Marion and FM 455. Mayor Pro Tem declared Public Hearing opened. No one spoke for or against. Mayor Pro Tem declared Public Hearing closed. 11. Consider and Possible Action Regarding a Zoning Change from Agriculture (AG) to Business (B2) on Property Legally described as N.L. Hobbs Addition, Lots 14, Block A. Property is located on the Corner of Marion and FM 455. City Manager advised this is David Manning's property and the request is to zone B-2. Planning & Zoning recommended approval. Motion made by Councilman Patton to approve zoning for Lots 1-4, Block A. Property location is at the corner of Marion and FM 455. Seconded by Councilman James. Motion carried unanimously. 12. Possible List of Future Agenda Items. A. City Manager advised that there will be a workshop at for a Public Forum at Chisholm Trail School at 7*00 p.m. inviting the public for input on Special Taxing Districts. City Manager advised that Rebecca Brewer from Abernathy, Roeder, Boyd and Joplin and Bob Helmberger from R&B Associates and Bond Counsel will be there to represent the City. Ms. Carson advised that she had also invited Trent Petty the City Manager of West Lake. B. Councilman Walker publicly thanked the Planning &Zoning Commission, Cecile Carson and Rose Chavez for their hard work concerning alcoholic beer and wine sales. 13. Meeting adjourned. ATTEST: Rosalie Chavez, City Secrl :doe Higgs, Mdyar