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10/19/1998-CC-Minutes-RegularPAGE 1 MINUTES: CITY COUNCIL OCTOBER 19, 1998 PRESENT: Mayor Pro Tem Jerry Jenkins, Councilman Ervin, Councilman James, Councilman McNeill, Couuncilwoman Madden ABSENT: Mayor Tommy Kincaid OTHERS PRESENT: City Administrator Jack Smith, City Secretary Rose Chavez, Water/Wastewater Superintendent Eddie Branham, Electric Superintendent Jeff Morris, Street Superintendent Chuck Tucker, Chief of Police Benny Erwin, Lisa Hardy - Sanger Courier, Woodrow Barton, Carol Rainey, D'Jae Vela, Dan Kres, Joe Higgs, Craig Glending, Dale Bryant, Doris Garner, Robert Garner, Ken Cornell, Shelley Ruland, Sherri Gideon. Mayor Pro Tem Jerry Jenkins called meeting to order, Councilman James led Invocation, Councilman Ervin led the Pledge of Allegiance. CONSENT AGENDA 2. a) Approve Minutes: October 5, 1998 September 21, 1998 - Special Called b) Disbursements Mayor Pro Tem indicated he had spent a couple of hours with staff in regards to the line item expenditures in the disbursements, and indicated Department heads did not provide enough information when coding the purchase orders. City Administrator, Jack Smith, indicated he thought he may be able to provide a better report. Motion made by Councilman Ervin to approve Consent Agenda. Seconded by Councilwoman Madden. Motion Carried Unanimously. 3. Citizen's Input. None. 4. Conduct Public Hearing to Consider Annexation Into the City Limits Property Legally Described as Abstract 29, Reuben Bebee Survey Located on Interstate 35 - Stemmons Service Road North. Said Property to be Zoned Mobile Home Park Zoning. Woodrow Barton, 807 N. 7th, indicated he would like to reiterate something he had stated in the last Public Hearing on this subject. He read an article from the Sanger Courier that indicated Sanger ISD was the poorest School District in Denton County. He indicated Sanger needed to promote development that would enhance land values and be able to bring in more revenue for school taxes. Mr. Barton indicated he was speaking on behalf of denying the annexation. Ken Cornell, 907 Austin, indicated he was opposed to annexing this land into the City. He indicated the City could not provide services to this area. The City had problems with water shortage and sewer problems, and the City would need to provide Police protection for the area. He indicated that adding three hundred homes would once again overload the City, and he is in objection to it. Dale Bryant, County Road 2464, Terrell, TX -addressed the annexation, and Mr. Barton's comments. He indicated the article did indicate Sanger was the poorest district, but that also it could educate the students adequately for less money than other school districts. He indicated that growth was the issue, and the City should not be against a certain class of people. he indicated this community would be something Sanger could be proud of. Shelly Ruland, 206 Tejas Dr., spoke in opposition of the annexation. She indicated Sanger needed to have long range plans, and look at the possible development of the properties around that area. Mayor Pro Tern declared Public Hearing Closed. PAGE 2 5. Consider and Possible Action to fill Sanitarian Position. Joe Tims had submitted a letter of resignation from this position and also a letter of recommendation. He recommended the City of Sanger appoint Sherry Harper to fill the position. Staff Recommended approval. Discussed Health inspections, and how often they happen. Motion was made by Councilman James to appoint Sherry harper to fill the position. Seconded by Councilman McNeill. Motion Carried Unanimously. (6)7. Consider and Possible Action on Nomination of a Candidate for Possible Appointment to the Appraisal Review Board. Motion was made by Mayor Pro Tem to nominate Garland Thornton. Seconded by Councilman McNeill. Motion Carried unanimously. (7)9. Consider and Possible Action to Approve Request from Denton County Friends of the Family. Sherry Gideon, 130 Blakely Ln, indicated the City of Sanger had funded Denton County Friends of the Family prior to 1994, but from 1995 till now did not find where they had received funding from the City of Sanger. Ms. Gideon indicated Denton County Friends of the Family had an emergency shelter, and a 24 hour crisis hot line. In 1997 they served over 5,000 people in Denton and Wise Counties, 115 of those people were from Sanger. Ms. Gideon indicated over the past 4 years there has been at least a 10% increase in services, and only a 6% increase in funding. Mayor Pro Tem indicated there was room in the budget for this. Motion made by Councilman Ervin to give $3700 to Friends of the family. Seconded by Councilman James. Motion Carried Unanimously. (8)10. Conduct Public Hearing to Consider a Zoning Request Change From SF3 to MFl on Property Legally Described as the South 1/2 of the East 1/2 of Block 11, M.F. Hampton Addition. This Property is Located at 323 Denton Street. Mayor Pro Tem Declared Public Hearing Open. - Dan Kress, 12108 Lake Shore Ct. indicated they had recently acquired this property, and there was an old frame house on the property that needed to be torn down. He indicated they would like to build 3 to 4 unit town houses in that location. Public Hearing Closed. (9)11. Consider and Possible Action Regarding a Zoning Request Change From SF3 to MFl on Property Legally Described as the South 1/2 of the East 1/2 of Block 119 M.F. Hampton Addition. This Property is Located at 323 Denton Street. Mayor Pro Tem indicated that the Planning and Zoning Board had unanimously turned down this request. Councilman McNeill indicated he opposed. Woodrow Barton indicated the entire area was zoned SF3 and he believed it would be a mistake to re zone it. PAGE 3 Motion was made by Councilwoman Madden to deny the zoning request change from SF3 to MFI on property legally described as the South 1/2 of the East 1/2 of Block 11, M.F. Hampton Addition, located at 323 Denton Street. Seconded by Councilman McNeill. Motion Carried Unanimously. (10)8. Consider and Possible Action to Approve Amendments to the Itinerant Merchant and Littering Ordinances. ORD 10-11-98 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BANGER, TEXAS, AMENDING ARTICLE 4.200 (ITINERANT MERCHANTS , PEDDLERS AND VENDORS) OF THE CODE OF ORDINANCES OF THE CITY, BY DELETING THE TEXT OF SECTION 4.201 THROUGH 4.208, AND REPLACING WITH NEW PROVISIONS REGULATING SOLICITORS AND PEDDLERS; PROVIDING FOR AN APPLICATION; PROVIDING PAYMENT OF A PERMIT FEE; PROVIDING FOR APPEALS; PROVIDING FOR A PENALTY CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALER; PROVIDING AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY. City Council discussed and agreed that the current fees are too high. Motion made by Councilman James to Approve ordinance 10-11-98, Itinerant Merchant Orumace with amending these changes: "The solicitor or peddler permit fee shall be $250.00 per year. the permit fee for each agent or employee of a solicitor or peddler shall be $25.00 per year. If the sale of food is involved, there shall be an additional fee of $25.00 per year for the issuance off a City health Permit." Seconded by Councilman Ervin. Motion Carried Unanimously. ORD 1042-98 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BANGER, TEXAS, AMENDING ARTICLE 6.200 (LITTERING) OF THE CODE OF ORDINANCES OF THE CITY, BY REPEALLING CERTAIN PROVISIONS REGARDING HANDBILLS AND ADDING A NEW ARTICLE WITH PROVISIONS REGULATING THE DISTRIBUTION OF HANDBILLS AND CIRCULARS; PROVIDING A PENALTY CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALER; PROVIDING AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY. Motion made by Councilman Ervin to approve Ordinance 1042-98 ammending the littering Ordinance. Seconded by Councilman James. Motion Carried Unanimously. Consider and Possible Action on Awarding Vehicle and Equipment Bids. Brief Discussion, Council agreed they needed more information and would like to reschedule the awarding of the bids. Set up a Special Called Meeting for Monday, October 26, 1998 to award bids. 12. Any Other Such Matters. a)City Administrator discussed the funds that the City has in the Industrial Development Savings account. The funds are not that much and the City Administrator suggested rolling those funds to 4A Sates Tax. b)Woodrow Barton informed the Council they had called the Denton Record Chronicle, and they had published Sanger's Sales Tax money. c)Mr. Smith addresed the Ordinances for Landscape Regulations and Swimming PAGE 4 Pool enclosures, he indicated there needed to be some changes made, and they would be on the Agenda next time. d)Eddie Branham commented on the sewer improvements )Mayor Pro Tem asked about the five acres the City owns by the railroad tracks, he wanted to know if the area could be cleaned up. OMayor Pro Tem indicated they needed to do the City Administrators evaluation, and to put it on the next agenda in Executive Session. g)City Administrator indicated he had filed the Articles of Incorporation, and he had received his return receipt that day. 13. Meeting Adjourned. ommy said, Mayor