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08/01/2011-CC-Agenda Packet-Regular
AGENDA CITY COUNCIL MONDAY, AUGUST 1, 2011 7:00 PM 502 ELM STREET 1. Call Meeting to Order, Invocation, Pledge of Allegiance. 2. Citizens Input: (Citizens are allowed 3 minutes to speak. The City Council is unable to respond or to discuss any issues brought up during this section). CONSENT AGENDA 3. a) Approval of Minutes July 18, 2011 - Work Session (Page 1) July 18, 2011- Council Meeting (Pages 2-3) b) Disbursements (Pages 4-9) 4. Consider any Items Removed From Consent Agenda. REGULAR AGENDA 5. Consider, Discuss and Possibly Act on Approving Resolution #08-17-11 - Rescheduling Public P Hearings on Proposed Annexation of Approximately 556 Acres of Land Located Along the West Side of I-35, Extending From Lois Road North to the Denton County -Cooke County Line. (Pagesl0-12) 6. Conduct Public Hearing on Amending Chapter 14, Section 30.2 to Provide That a Cash Advance or Payday Loan Office use may be Permitted in a "B-2" Zoning District by a Specific Use Permit and Amending Chapter 42 to Provide Definitions. (Pages 13-16) 7. Consider, Discuss and Possibly Act on Approving Ordinance 408-27-11- Amending the Comprehensive Zoning Ordinance by Amending Chapter 14, Section 30.2 "Use of Land and Buildings" to Provide That a Cash Advance or Payday Loan Office use may be Permitted in a "13- 2" Zoning District by a Specific Use Permit and Amending Chapter 42, by Adding Section 42.2 to Provide Definitions. (Pages 13-16) 8. Conduct Public Hearing on Amending Chapter 14, Section 25.2, to set a Maximum Height of 200 Feet for Radio Communication Towers and 100 Feet for all Other Structures. (Pages 17-23) 9. Consider, Discuss and Possibly Act on Approving Ordinance #08-28-11 - Amending the Comprehensive Zoning Ordinance by Amending Chapter 14, Section 25.2 to set a Maximum Height of 200 Feet for Radio Communication Towers and 100 Feet for all Other Structures. (Pages17-23) 10. Consider, Discuss and. Possibly Act on Approving Ordinance #08-29-11 - Amending the Code of Ordinances Chapter 5, Article 5.500, Outdoor Burning by Adding Definitions and Restrictions. (Pages 24-28) 11. Conduct Public Hearing on Proposed Budget for Fiscal Year 2011-2012. (No Items included) 12. Consider, Discuss and Possibly Act on Approving City Manager's Contract. (No Items Included) 13. Consider, Discuss and Possibly Act on Approving Letter to TCEQ Regarding the Denton Terminal LLC, Gas Distribution Center. (Page 28) 14. INFORMATION ITEMS: (Pages 29-30) Cancelled Public Hearing on Annexation of Approximately 556 Acres of Land Located Along the West Side of I-35, Extending from Lois Road North to the Denton County -Cooke County Line. 15. Adjourn. I, the undersigned authority, do hereby certify that this Notice of Meeting was posted on the bulletin board, at the City Hall of the City of Sanger, Texas, a place convenient and readily accessible to the general public at all times,. and said notice was posted on the following .date and time: %,, ; . ' ' at I r.'.' �> f m, and shall remain posted until meeting is adjourned. Tami Taber, City Secretary City of Sanger, Texas This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at (940) 458-7930 for further information. MINUTES: CITY COUNCIL WORK SESSION JULY 18, 2011 PRESENT: Mayor Thomas Muir, Councilwoman Marjory Johnson, Councilman Russell Martin, Councilman Scott Stephens and Councilman Gary Bilyeu . ABSENT: Councilman Andy Garza OTHERS PRESENT: Mike Brice City Manager, Tami Taber City Secretary and Finance Director Katie Griffin 1. Call Meeting to Order. Mayor Muir called the meeting to order. 2. Budget Workshop City Manager gave a Power Point presentation. 3. Overview of Items on Regular Agenda. 4. Adjournment. Mayor Muir adjourned the meeting. 2 MINUTES: CITY COUNCIL MEETING DULY 18, 2011 PRESENT: Mayo• Thomas Muir, Councilwoman Marjory Johnson,'Councilman Russell Martin, Councilman Scott Stephens and Councilman Gary Bilyeu ABSENT: Councilman Andy Garza OTHERS PRESENT: Mike Brice City Manager, Tami Taber City Secretary, Development Services Director Joe Iliff, Mischa Humes, Louis Chenault, Gilland Chenault, Jim Wallace and Linda Hewlett 1. Call Meeting to Order, Invocation, Pledge of Allegiance. Mayor Muir called the meeting to order at 7:04 P.M. Councilman Martin led the Invocation followed by Councilwoman Johnson leading the Pledge of Allegiance. 2. Citizens Input: (Citizens are allowed 3 minutes to speak. The City Council is unable to respond or to discuss any issues brought up during this section). Mischa Humes of 1501 First Street, spoke about a possible variance to a back porch and was advised to speak with Joe Iliff after the meeting about her concerns and what steps she would need to take. CONSENT AGENDA 3. a) Approval of Minutes: July 5, 2011 - Council Work Session July 5, 2011- Council Meeting b) Disbursements c) Consider Appointing the Following to the Deep Sanger Beautiful Board: Carrie Bilyeu - Place 1 Tricia Nelson-Sprabeany - Place 3 Many Moorehead - Alternate Jacklyn Pevehouse - Alternate d) Discuss, Consider and Possibly Act on Approving an Interlocal Cooperation Agreement With Denton County for Property Tax Collection Councilwoman Johnson made a motion to approve. Seconded by Councilman Martin. Motion carried unanimously. 4. Consider any Items Removed from Consent Agenda. None. P2 REGULAR AGENDA 5. Conduct Public Hearing Regarding a Request From Vitex Properties Inc. to use Alternative Exterior Building Materials and/or Design for a Proposed Structure at 403 Acker Street. Mayor opened the Public Hearing at 7:10 pm. Gillan Chenault of Vitex Properties Inc. spoke to the Council regarding this request due to cost. They are trying to make the new addition match as close as possible to their existing building. Linda Hewlett of 1600 W. Chapman, inquired as to how close the setback would be to her property which is located directly behind. Mayor Muir closed the Public Hearing at 7:15 pm. 6. Discuss, Consider and Possibly Act on Approving Alternative Exterior Building Materials and/or Design for a Proposed Structure at 403 Acker Street. Councilman Bilyeu made a motion to approve the use of alternate building materials as presented in the diagram. Seconded by Councilman Stephens. Vote was 3-1 with Councilwoman Johnson voting against. 7. INFORMATION ITEMS a) Financial and Investment Report b) Library Report for June c) Animal Control Report for June d) ATMOS Energy Rider G.CR - Rate Filing Under Docket No. 9762 8. Adjourn. Mayor Muir adjourned the meeting. P3 7/19/2011 3:50 P14 A / P CHECK REGISTER PAGE: 1 PACKET: 04379 Regular Payments VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK CHECK CHECK VENDOR NAME / I.O. DESC TYPE DATE DISCOUNT AMO@1T NO# AMOUNT -VOID' VOID CHECK V 7/19/2011 047360 "VOID" 00140 BRAZOS ELECTRIC I-26479-RI-1 JUNE 2011 R 7/19/2011 9,661.08CR 047358 9,661.08 22300 CARD SERVICE CENTER I-201107194401 SOUTHWEST AIRLINES R 1/19/2011 I-201107194402 IOMA 97TH ANN CONE R 7/19/2011 I-201107194403 HOTEL 618 5 6/9 ODESSA R 3/19/2011 1-201307194404 BAYMONT INN 5/30-6/3 R 1/19/2011 1-201107194405 WEB HOSTING R 3/19/2011 I-201107194406 GAMING 6 STORY TINE SUPPL R 7/19/2011 I-201107194407 TECHNET CONFERENCE R 7/19/2011 I-201107194408 MICROWAVE FOR CITY HALL R 7/19/2011 I-201107194409 DONAIN HOSTING FOR CITY R 7/19/2011 I-201107194410 TAB DIVIDERS R 7/19/2011 I-201107194411 LILY PAD R 7/19/2011 - I-201107194412 Tt1L REGISTRATION 3/28 R 7/19/2011 I-21588 CD ALBUMS 10 CAPACITY R 7/19/2011 22740 D£NTON COUNTY AUDITOR I-201107194413 DENTON COUNTY AUDITOR R 3/19/2011 '+ T O T A L S '+ REGULAR CHECKS: ❑ANDWRITTEN CHECKS: PRE -WRITE CHECKS: DRAFTS: VOID CHECKS: NOl1 CHECKS: CORRECTIONS: REGISTER TOTALS: .OTAL ERRORS: 0 TOTAL WARNINGS: 0 101.40CR 047359 400.000R 047359 180.20CR 047359 362.92CR 047359 119.40CR 047359 75.92CR 047359 25.000R 047359 62.99CR 047359 12.95CR 047359 16.49CR 047359 70.000R 047359 172.22CR 047359 62.03CR 047359 1,661.52 47,351.000R 047361 47,351.00 NO# DISCOUNTS CHECK AMT TOTAL APPLIED 3 0.00 58,673.60 58,673.60 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 1 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 4 0.00 58,613.60 58,673.60 P4 7/21/2011 3:22 ED A / P CHECK REGISTER PACKET: 04385 Regular Payments VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT PAGE: 1 CHECK CHECK CHECK CHECK VENDOR NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NOS AMOUNT 23500 AS DEMO FUND I-201107214424 PRIVATE APPLICATOR LICENS R 7/21/2011 100.000R 047362 100.00 19050 GE MONEY BANK / AMAZON 1-201107214425 GAMING EQUIP s SUPPLIES R 1/21/2011 582.53CR 047363 I-201107214426 5 DVDS R 1/21/2611 14.99CR 047363 597.52 08790 JUSTIN FULLER 1-201107214422 COMBAT PISTOL I 8/1-8/2 R 3/21/2011 25.000R 047364 25.00 04230 ROINIIE GRACE I-201107194400 SMART GRID SUMMIT R 1/21/2011 70.000R 047365 70.00' 04220 MARK GRIFFITH I-201107194398 PRIVATE APPLICATOR LICENS R 3/21/2011 12.50CR 047366 12.50 16060 ANDREW NEIGHBORS I-201107194397 PRIVATE APPLICATOR LICENS R 7/21/2011 12.50CR 047367 12.50 04240 MIKE PRATER I-201107194399 SMART GRID SUMMIT R 7/21/2011 70.000R 047368 70.00 04290 SANGER CHAMBER OF COMMERC I-201107214423 3RD QTR HOTEL TAX R 7/21/2011 1,629.60CR 047369 1,629.60 17400 PRECIOUS STAFFORD I-071111 6/27 - 7/5 R 7/21/2011 440.000R 047370 440.00 * T O T A L S REGULAR CHECKS: HANUARITTEN CHECKS: PRE-RRITE CHECKS: DRAFTS: VOID CHECKS: NON CHECKS: CORRECTIONS: REGISTER TOTALS: TOTAL ERRORS: 0 TOTAL WARNINGS: 0 NOS DISCOUNTS CHECK MIT TOTAL APPLIED 9 0.00 2,957.12 2,957.12 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 9 0.00 2,957.12 2,957.12 P5 7/27/2011 9:33 AN A / P CHECK REGISTER PACKET: 04392 Regular Payrents VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK VENDOR NAME / I.D. DESC TYPE DATE 07860 ACT PIPE SUPPLY, INC I-556563 STEAD IP SVC SADDLE COAT R 7/27/2011 09600 AFLAC C-201307214427 ATLAS R 1/27/2011 I-AP3201106294353 INSURANCE R 7/27/2011 I-AF320110'1134388 INSURANCE R 1/27/2011 I-AFK201106294353 INSURANCE R 7/27/2011 I-AFK201107134388 INSURANCE R 7/27/2011 I-AFL201106294353 INSURANCE R 7/27/2011 I-AFL201107134388 INSURANCE R 7/27/2011 18100 AMERICAN MUtIICIPAL SERVICES I-8506 UT COLLECTION JUNE 2011 R 3/27/2011 1-8592 WARRANT COLLECTION 6/11 R 3/27/2011 23420 AMERIKIT TECHNOLOGY SOL➢TIONS, LLD I-K301851 LICENSE FOR DEEP FREEZE R 1/27/2011 23170 BEACON ATHLETICS I-0412979 COUPLINGS R 1/27/2011 13080 BLUE CROSS BLUE SHIELD I-BHC201107134388 MEDICAL BCBS HI PRO CHILD R 7/27/2011 I-BHP201107134388 MEDICAL BCBS Hi PRO FAMILY R 7/27/2011 I-BH0201107134388 MEDICAL HIGH PPO - EMPLOYEE R 7/27/2011 I-BHS201107134388 MEDICAL RCBS HI PTO SPOUSE R 7/27/2011 I-BPC201106294353 END PORTION CHILD COV R 7/27/2011 I-BPC201107134388 EMP PORTION CHILD COV R 7/27/2011 I-BPF201106294353 EMP PORTION SPOUSE COV R 7/27/2011 I-BPF201107134388 END PORTION SPOUSE. COV R 7/27/2011 I-BPS201106294353 EMP PORTION - SP COV R 7/27/2011 I-BPS201107134388 EMP PORTION - SP COV R 7/27/2011 12390 BOLIVAR WATER I-2008-0629 8" COUPLING R. 7/27/2011 00420 BOUND TREE MEDICAL, LLC 1-80607593 MEDICAL SUPPLIES 3RD DID R 7/21/2011 I-80610177 MEDICAL SUPPLIES 3RD 0TR R 7/27/2011 10760 BRODART CO I-BIS48696 12 HISTORY ➢OOKS R 1/27/2011 PAGE: 1 CHECK CHECK DISCOUNT AMOUNT NO# AMOUNT 67.29CR 047374 67.29 0.09 047375 75.01CR 047375 15.01CR 047375 65.25CR 047375 65.25CR 047375 982.42CR 047375 982.42CR 047375 2,245.27 44.14CR 047376 320.00CR 047376 364.14 182.40CR 047377 182.40 310.000R 047318 310.00 6,785.90CR 047379 30,453.92CR 047379 10,048.50CR 047379 4,054.62CR 047379 412.50CR 047379 412.50CR 047379 1,500.000R 047379 1,500.000R 047379 300.000R 047379 300.000R 047379 35,767.94 604. 64CR 047380 604.64 982.13CR 047381 77.32CR 047381 1,059.45 150.96CR 047382 150.96- 7/27/2011 9:33 AM A / P CHECK REGISTER PAGE: 2 PACKET: 04392 Regular PaJrtents VENDOR SET: 99 HANK POOL POOLED CASH ACCOUNT CHECK CHECK CHECK CHECK ' VENDOR NAME / I.O. DESC TYPE DATE DISCOUNT AMOUNT Hot AMOUNT 11220 BSN/COLLEGIATE PACIFIC I-94080288 NAINT RAKE,DRAG PAT R 7/27/2011 499.74CR 047383 499.74 14560 C L G WHOLESALE I-36371 SHIRTS a ZIPPERS R 7/27/2011 199.95CR 047384 199.95 11010 C G 0 EQUIPMENT CO. 1-11130288 TRENCHER TEETH 6 BOLTS R 7/27/2011 3,540.84CR 047385 3,540.84 01490 CENTURYLINK 1-201107264436 JULY 10 - AUG 9 R 7/21/2011 1,276.91CR 047386 1,276.91 23440 CHEAPER THAN DIRT I-6637808A .45 Maio R 7/27/2011 307.04CR 047387 307.04 12760 CINTAS, INC. 1-492500286 UNIFORMS R 7/27/2011 60.28CR 047388 I-492503509 UNIFORMS - R 7/27/2011 66.78CR 047388 135.06 07850 CLEAT I-CLT201106294353 ASSOCIATION DUES EMPLOYEE R 7/27/2011 90.000R 047389 I-CLT201107134388 ASSOCIATION DUES EMPLOYEE R 7/27/2011 90.000R 047389 180.00 03730 COLLIN COUNTY COLLEGE I-S0008252 SPAHISH 6/10111-STEVENSO R 1/27/2011 25.000R 047390 25.00 03320 COLONIAL LIFE INSURANCE C-201107264429 COLONIAL LIFE INSURANCE R 7/27/2011 0.02 047391 I-COL201106294353 HEALTH INSURANCE R 7/27/2011 11.80CR 047391 I-COL201107134388 HEALTH INSURANCE R 7/27/2011 11.80CR 047391 I-LIF201106294353 LIFE INSURANCE R 7/27/2011 58.83CR 047391 I-LIF201107134388 LIFE INSURANCE R 7/27/2011 58.83CR 047391 141.24 00050 CONLEY SAND d GRAVEL I-9387 PEA GRAVEL R 7/27/2011 900.000R 047392 900.00 11570 CULLIGAN I-08529168 2/1 2/8 WATER SERVICE R 3/27/2011 32.20CR 047393 32.20 1 DEBOY (CELLS III I-201101264431 CC 7/16/11 DEB R 7/27/2011 100.000R 047394 100.00 P7 7/27/2011 9:33 AN A / P CHECK REGISTER PAGE: 3 PACKET: 04392 Regular Pa,reuts VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK CHECK CHECK VENDOR NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT Hot AMOUNT 08460 DELL COMPUTERS, LIP I-XFCR{4NK48 OPTIPLEX 380 R 7/27/2011 984.000R 047395 I-XFCTl%l7A9 C04PUTER R 7/27/2011 984.000R 047395 1,968.00 04790 BENTON COUNTY TAX ASSESSOR 1-201107194396 2010 PROPERTY TAX R 7/27/2011 191.66CR 047396 191.66 17640 DOLLAR GENERAL CHARGED SALES I-1000014049 PAPER, TOWELS,BLEACH,SOAP R 7/27/2011 57.75CR 047397 57.75 20980 EXPRESS SERVICES, INC. I-99681206-1 ADDKISON,ANDERSON 6/26 R 7/27/2011 936.000R 047398 I-99705030-7 ADDKISON, ANDERSON 7/03 R 7/27/2011 936.000R 047398 I-99726500-4 ADDKISON,ANDERSON 7/10 R 7/27/2011 702.000R 047398 2,574.00 14980 FORT BEND SERVICES, INC I-0168228-IN POLIMAR R 7/27/2011 896.79CR 047399 896.79 18650 FORT DEARBORN LIFE INSURANCE C-201107264430 FORT DEARBORN LIFE INSURANCE R 7/27/2011 3.92 047400 I-FD1201107134388 LIFE INSURANCE - REDUCED ANY R 7/21/2011 2.44CR 047400 I-FTD201107134388 EMPLOYEE LIFE INSURANCE R 7/21/2011 246.50CR 047400 245.02 23510 JOEL FRAGOSO I-201107264438 NORKBGOTS R 7/27/2011 50.000R 047401 50.00 18790 FUELMAN I-NP30600900 FUEL 7/4 - 7/10 R 1/27/2011 3,546.49CR 047402 I-NP30666944 FUEL 7/11 - 7/11 R 7/27/2011 3,596.88CR 047402 7,143.37 01070 GALLS INC. I-511466779 NAME TAG,BELT,SHIRT R 7/27/2011 53.82CR 047403 53.82 16900 GET PUBLIC SAFETY SUPPLY I-2110014446 BOOTS, DUTY SHIRTS R 7/27/2011 146.65CR 047404 I-2110014448 BOOTS, DUTY SHIRTS R 7/27/2011 41.95CR 047404 188.60 02610 HD SUPPLY, INC ' I-1777214-00 RED PARKING PAIN.' R 7/27/2011 131.04CR 047405 I-1777591-00 3 PHASE CABINET/SLEEVE R 7/27/2011 603.000R 047405 734.04 05510 IESI I-1200509993 DEC 2010 ROLLOFF R 1/27/2011 99.90CR 047406 99.90 P8 7/27/2011 9:33 Alf A / P CHECK REGISTER PAGE: 4 PACKET: 04392 Regular Payrents VENDOR SET: 99 BANK PCOL POOLED CASH ACCOUNT CHECK CHECK CHECK CHECK VENDOR ❑AME. / I.D. DESC TYPE DATE DISCOUNT AMOUNT NO# AMOUNT 19830 JOE ILIFF I-201107264433 REGISTRATION/MILEAGE R 7/27/2011 40.70CR 041407 40.70 20220 INGHAM I-59846899 21 HOOKS R 7/27/2011 15.93CR 047408 I-59980367 21-BOOKS R 7/21/2011 29.37CR 047408 45.30 1 JO SMITH _ I-201107264432 SO SMITH CC 7/10/11 R 7/27/2011 100.000R 047409 100.00 06550 KALEB PROPERTY NffiNTENANC I-11-2954 LANDSCAPE 5 IRRIGATION R 1/27/2011 150.000R 047410 150.00 22500 KIRBY-SMITH MACHINERY, INC. I-RB5651 MOTOR GRADER R 7/27/2011 3,880.000R 047411 3,880.00 08680 LOCKE SUPPLY I-15617693-00 1.5" PVC COUPLINGS R 1/27/2011 32.000R 047412 32.00 16970 LONGHORN, INC. I-S2200451-001 IRRIGATION PARTS U SUPPLY R 7/23/2011 345.52CR 047413 345.52 01310 LUTTRELL MCNATT, INC. I-514829 ODOR ACTUATOR MOTOR R 7/27/2011 28.58CR 043414 I-CVCS563732 INSPECTIONS R 7/27/2011 12.50CR 047414 41.08 01610 MADE4IELL I-3880 PUMP 5 MOTOR SELL 45 R 7/27/2011 10,981.40CR 047415 10,981.40 23450 MARTIN I1GRALLE .I-11-006 PUNCH II M-3 2 OZ. MACE R 7/27/2011 274.38CR 047416 274.38 01920 NICHOLS, JACKSON, DILLARD,HAGER 5 SMITH, LLP 1-11060024 JUNE 2011 LEGAL SERVICE. R 7/27/2011 531.82CR 047417 531.82 22730 HOLD'S ARK ANIMAL SHELTER 1-201107264435 5/31 - 6/23 R 7/27/2011 2,400.O0CR 047418 2,400.00 23410 HOLES ENTERPRISES LLC I-014142 PLANT MATERIAL -S ENTRY R 1/27/2011 686.000R 047419 686.00 01940 NORTH TEXAS EXTINGUISHER I-11873 ANNUAL INSPECTION R 1/23/2011 50.000R 047420 1-11874 ANNUAL INSPECTION R 1/21/2011 50.000R 047420 100.00 P9 CITY OF SANGER COUNCIL AGENDA ITEM AGENDA TYPE ® Regular ❑ Special ❑ Consent Reviewed by Finance ❑Yes ® Not Applicable ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal Ll Yes I Lj Not Applicable Council Meeting Date: Submitted By: August 1, 2011 Joseph D. Iliff, AICP City Manager Reviewed/Approval Initials [\� bate j - ,( ACTION REQUESTED: ❑ORDINANCE ® RESOLUTION # 08-17-11 ❑ APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ OTHER AGENDA CAPTION Consider, Discuss, and Possibly Act on Resolution 08-17-11 Rescheduling Public Hearings on Proposed Annexations FINANCIAL SUMMARY ®N/A ❑GRANTFUNDS [:]OPERATING EXPENSE [:]REVENUE❑CIP ❑BUDGETED ❑NON -BUDGETED SUMMARY OF ITEM The proposed resolution would reschedule the public hearings to consider the annexation of 556 acres on the west side of Interstate 35 (Stemmons Freeway) extending from Lois Road north to the Denton County — Cooke County boundary. The two hearings would be moved from the August lst and dpublic August l5'h regular meetings to the October 3' and October 171h meetings. Notice of the public hearings will be published in the Sanger Courier on September 22ad and October 6'h. The owner of each property will also be notified by mail of the revised scheduling. Following the public hearings, the City Council can act on the proposed annexation at the November 7, 2011 meeting. STAFF OPTIONS & RECOMMENDATION Staff recommends adoption of the proposed resolution. List of Supporting Docunients/Exhibils Attached: Prior Action/Review by Council, Bonds, Commissions or Other o Proposed Resolution 08-17-11 Agencies: a Map of proposed annexation None ® List of groperties within area P10 RESOLUTION 408-17-11 A RESOLUTION OF THE CITY OF SANGER, TEXAS SETTING PUBLIC HEARINGS ON A PROPOSED ANNEXATION WHEREAS, the City of Sanger's Hone Rule Charter permits the city to alter its boundaries by annexing any territory adjacent to its boundaries; NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SANGER, TEXAS: Section 1: On the 3`d day of October, 2011, at 7:00 PM in the City Council Chamber of the City Hall of the City of Sanger, Texas, the City Council will hold a public hearing giving all interested persons the right to appear and be heard on the proposed annexation by the City of Sanger, Texas of the following described properties, to -wit: e William Mason Survey, Tract 1 o William Mason Survey, Tract 2 ® William Mason Survey, Tract 3 o William Mason Survey, Tract 4 o William Mason Survey, Tract 18 o William Mason Survey, Tract 18a a William Mason Survey, Tract 19 o William Mason Survey, Tract 20 • William Mason Survey, Tract 21 o William Mason Survey, Tract 22 o William Mason Survey, Tract 23 o William Mason Survey, Tract 28 o William Mason Survey, Tract 29 o William Mason Survey, Tract 30 © B.B.B. & C. Railroad Company Survey, Tract 1 (portion within Denton County) o B.B.B. & C. Railroad Company Survey, Tract 2 o B.B.B. & C. Railroad Company Survey, Tract 3 Section 2: On the 17`11 day of October, 2011, at 7:00 PM in the City Council Chamber of the City Hall of the City of Sanger, Texas, the City Council will hold a public hearing giving all interested persons the right to appear and be heard on the proposed annexation by the City of Sanger, Texas of the following described property, to -wit: P11 o William Mason Survey, Tract 1 o William Mason Survey, Tract 2 © William Mason Survey, Tract 3 © William Mason Survey, Tract 4 o William Mason Survey, Tract 18 o William Mason Survey, Tract 18a o William Mason Survey, Tract 19 © William Mason Survey, Tract 20 © William Mason Survey, Tract 21 o William Mason Survey, Tract 22 o William Mason Survey, Tract 23 o William Mason Survey, Tract 28 © William Mason Survey, Tract 29 ® William Mason Survey, Tract 30 ® B.B.B. & C. Railroad Company Survey, Tract 1 (portion within Denton County) ® B.B.B. & C. Railroad Company Survey, Tract 2 ® B.B.B. & C. Railroad Company Survey, Tract 3 Section 3: That this resolution shall become effective immediately upon its passage and approval. DULY PASSED AND APPROVED by the City Council of the City of Sanger, Texas on this the 1st day of August, 2011. APPROVED: Thomas Muir, Mayor ATTEST: Tani Taber, City Secretary P12 CITE' OF SANGER COUNCIL, AGENDA ITEM AGENDA TYPE ® Regular ❑ Special ❑ Consent Reviewed by Finance ❑Yes ®Not Applicable ❑ Workshop ❑ Executive ❑ Public FIearing Reviewed by Legal Yes I L1 Not Applicable Council Meeting Date; Submitted By: August 1, 2011 Joseph D. Iliff, AICP City Manager Reviewed/Approval Initials Date — (/ ACTION REQUESTED: ®ORDINANCE 08-27-11 ❑ RESOLUTION 11 ❑ APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ OTHER. AGENDA CAPTION Conduct a Public Hearing, Consider, Discuss, and Possibly Adopt Ordinance 08-27-11 Amending Chapter 14, Section 30.2, to Provide That a Cash Advance or Payday Loan Office use may be Permitted in a "B-2" Zoning District by Specific Use Permit, and Amending Chapter 42 to Provide Definitions. FINANCIAL SUMMARY ®N/A ❑GRANTFUNDS ❑OPERATING EXPENSE ❑REVENUE ❑CIP ❑BUDGETED ❑NON -BUDGETED BACKGROUND/SUMMARY OF ITEM The Zoning Ordinance does not currently include a definition of a cash advance or payday loan office. That land use also does not appear in the land use table, which indicates which land uses are permitted in which zoning district and any special conditions. The proposed text amendment to the Zoning Ordinance would provide for the definition of a cash advance or payday loan office, and list them as permitted within the B-2 Business District 2 with a Specific Use Permit and upon condition that they be located at least 500 feet from another cash advance or payday loan office. B Adding to Section 42.2 "Special Definitions", in alphabetical order, the following definition: "Cash advance or payday loan office — an office or premise containing a business engaging in making cash advances, payday loans, auto title loans or similar consumer loans." B Adding to the Legend in Section 30.2, in the "Retail and Service Type Uses" section, "cash advance or payday loan office*" in a B-2 Zoning District by Specific Use Permit, conditioned that "*such use shall be no closer than 500 feet to another, existing cash advance or payday loan office". Specific Use Permits require the approval of the City Council after receiving a recommendation from the Planning & Zoning Commission, similar to a map amendment to rezone ro er . STAFF OPTIONS .& RECOMMENDATION Staff recommends approval of the proposed amendments to the Zoning Ordinance concerning cash advance and payday loan offices. List of Supporting Documents/Exhibits Attached: Prior Action/Review by Council, Boards, Commissions or Other e Proposed Ordinance 08-27-11 Agencies. The Planning &Zoning Commission considered this proposed amendment at their July 11, 2011 meeting. They were unable to make a recommendation either for or against the proposed text amendment. P13 CITY OF SANGER, TEXAS ORDINANCE 08-27-11 AN ORDINANCE OF THE CITY OF SANGER, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE BY AMENDING CHAPTER 14, SECTION 30.2, CODE OF ORDINANCES, CITY OF SANGER, DENTON COUNTY, TEXAS, "USE OF LAND AND BUILDINGS" TO PROVIDE THAT A CASH ADVANCE OR PAYDAY LOAN OFFICE USE MAY BE PERMITTED IN A "11-2" ZONING DISTRICT BY SPECIFIC USE PERMIT; AMENDING CHAPTER 42 TO PROVIDE DEFINITIONS; PROVIDING FOR THE REPEAL OF ORDINANCES IN CONFLICT; PROVIDING 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. WHEREAS, the Planning and Zoning Commission of the City of Sanger and the governing body of the City of Sanger, in compliance with the laws of the State of Texas and the ordinances of the City of Sanger, have given the requisite notices by publication and otherwise, and after holding due hearings and affording a fill] and fair hearing to all property owners generally, the governing body, in the exercise of its legislative discretion, has concluded that the Comprehensive Zoning Ordinance should be amended; Now Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: SECTION 1. Chapter 14, Section 30, Code of Ordinances, City of Sanger, Denton County, Texas, "Use of Land and Buildings", is amended by adding to the Legend in Section 30.2, in the "Retail and Service Type Uses" section, "cash advance or payday loan office*" in a B-2 Zoning District by Specific Use Permit, conditioned that "*such use shall be no closer than 500 feet to another, existing cash advance or payday loan office". SECTION 2. Chapter 14, Section 42, Code of Ordinances, City of Sanger, Denton County, Texas, "Rules of Construction and Special Definitions", is amended by adding to Section 42.2 "Special Definitions", in alphabetical order, the following definition: "Cash advance or payday loan office —an office or premise containing a business engaging in making cash advances, payday loans, auto title loans or similar consumer loans." SECTION 3. That all provisions of the ordinances of the City of Sanger in conflict with the provisions of this ordinance are hereby repealed. P14 SECTION 4. That the above -described tract of land shall be used only in the manner and for the purposes provided for by the Comprehensive Zoning Ordinance of the City of Sanger, Texas, as heretofore amended. SECTION 5. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 6. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Sanger, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of two thousand dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. DULY PASSED by the City Council of the City of Sanger, Texas, on the I" day of August 2011. APPROVED: MAYOR THOMAS MUIR ATTEST: CITY SECRETARY TAMI TABER P15 APPROVED AS TO FORM: CITY ATTORNEY (RLDl05105111)(49192) CITY OF SANGER, TEXAS ORDINANCE 08-27-11 AN ORDINANCE OF THE CITY OF SANGER, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE BY AMENDING CHAPTER 14, SECTION 30.2, CODE OF ORDINANCES, CITY OF SANGER, DENTON COUNTY, TEXAS, "USE OF LAND AND BUILDINGS" TO PROVIDE THAT A CASH ADVANCE OR PAYDAY LOAN OFFICE USE MAY BE PERMITTED IN A "B-2" ZONING DISTRICT BY SPECIFIC USE PERMIT; AMENDING CHAPTER 42 TO PROVIDE DEFINITIONS; PROVIDING. FOR THE REPEAL OF ORDINANCES IN CONFLICT; PROVIDING 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. 2011. DULY PASSED by the City Council of the City of Sanger, Texas, on the I" day of August APPROVED: MAYOR THOMAS MUIR ATTEST: CITY SECRETARY TAMI TABER CITY OF SANGER COUNCIL AGENDA ITEM AGED TYPE ®Regular ❑ Special ❑ Consent Reviewed by Finance ❑Yes ®Not Applicable ❑ workshop ❑ Executive ❑ Public Flearing Reviewed by Legal YesLJ Not Applicable Council Meeting Date: Submitted By: August 1, 2011 Joseph D. Iliff, AICP City Manager Reviewed/Approval Initials ,% — Date '7 -, ✓ - ACTION REQUESTED: ®ORDINANCE 08-28-11 ❑ RESOLUTION # ❑ APPROVAL ❑ CIIANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ OTIIER AGENDA CAPTION Conduct a Public Hearing, Consider, Discuss, and Possibly Adopt Ordinance 08-28-11 Amending Chapter 14, Section 25.2, to set a Maximum Height of 200 Feet for Radio Communication Towers, and 100 Feet for all Other Structures. FINANCIAL SUMMARY ®N/A ❑GRANT FUNDS ❑OPERATING EXPENSE ]REVENUE ❑CIP ❑BUDGETED NON -BUDGETED BACKGROUND/SUMMARY OF ITEM The Zoning Ordinance permits in the I-1 Industrial District structures up to 100 feet tall. SECTION 25 "I-1" INDUSTRIAL DISTRICT 25.2 Height Regulations: Maximum height one hundred (100) feet. As written, this height restriction applies to all structures. The proposed text amendment to the Zoning Ordinance would permit the construction of radio communication towers up to 200 feet in height, while maintaining the restriction that all other structures be not more than 100 feet in height. A Changing Section 25 "I-1" Industrial District to read "25.2 Height Regulations: Maximum height of two hundred feet for radio communications towers, and one hundred (100) feet for all other structures. Most radio communication towers likely to be constructed would be at least 120 feet in height. STAFF OPTIONS &a RECOMMENDATION Staff recommends approval of the proposed amendment to the Zoning Ordinance increasing the maximum height of radio communication towers in the I-1 Industrial District. List of Supporting Documents/Exhibits Attached: Prior Action/Review by Council, Boards, Commissions or Other ® Proposed Ordinance 08-28-11 Agencies: ® Zoning Ordinance Section 25 I-1 Industrial At their July 11, 2011 meeting, the Planning & Zoning District Commission unanimously recommended approval of the proposed text amendment (6-0). P17 CITY OF SANGER, TEXAS ORDINANCE 08-28-11 AN ORDINANCE OF THE CITY OF SANGER, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE BY AMENDING CHAPTER 14, SECTION 25.2, TO SET A MAXIMUM HEIGHT OF 200 FEET FOR RADIO COMMUNICATION TOWERS, AND 100 FEET FOR ALL OTHER STRUCTURES; PROVIDING FOR THE REPEAL OF ORDINANCES IN CONFLICT; PROVIDING 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. WHEREAS, the Planning and Zoning Commission ofthe City of Sanger and the governing body of the City of Sanger, in compliance with the laws of the State of Texas and the ordinances of the City of Sanger, have given the requisite notices by publication and otherwise, and after holding due hearings and affording a fall and fair hearing to all property owners generally, the governing body, in the exercise of its legislative discretion, has concluded that the Comprehensive Zoning Ordinance should be amended; Now Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: SECTION 1. Chapter 14, Section 25, Code of Ordinances, City of Sanger, Denton County, Texas, ""I-1" Industrial District', is amended to read "25.2 Height Regulations: Maximum height of two hundred feet for radio communications towers, and one hundred (100) feet for all other structures". SECTION 2. That all provisions of the ordinances of the City of Sanger in conflict with the provisions of this ordinance are hereby repealed. SECTION 3. That the above -described tract of land shall be used only in the manner and for the purposes provided for by the Comprehensive Zoning Ordinance of the City of Sanger, Texas, as heretofore amended. SECTION 4. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 5. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Sanger, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of two thousand dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. 2011. DULY PASSED by the City Council of the City of Sanger, Texas, on the 1'� day of August APPROVED: MAYOR THOMAS MUIR ATTEST: CITY SECRETARY TAMI TABER P19 APPROVED AS TO FORM: CITY ATTORNEY CITY OF SANGER, TEXAS ORDINANCE 05-28-11 AN ORDINANCE OF THE CITY OF SANGER, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE BY AMENDING CHAPTER 14, SECTION 25.2, TO SET A MAXIMUM HEIGHT OF 200 FEET FOR RADIO COMMUNICATION TOWERS, AND 100 FEET FOR ALL OTHER STRUCTURES; PROVIDING FOR THE REPEAL OF ORDINANCES IN CONFLICT; PROVIDING 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. 2011. DULY PASSED by the City Council of the City of Sanger, Texas, on the I" day of August APPROVED: MAYOR THOMAS MUIR ATTEST: CITY SECRETARY TAMI TABER P20 City of Sanger, Texas SECTION 25 1-1" INDUSTRIAL DISTRICT General Purpose and Description: The I-1 District is established to accommodate those uses which are of a non -nuisance type located in relative proximity to residential areas, and to preserve and protect lands designated on the comprehensive plan for industrial development and use from the intrusion of certain incompatible uses which might impede the development and use of lands for industrial propose. Development in the I-1 District is limited primarily to certain wholesale and jobbing commercial uses and certain industrial uses, such as the fabrication of materials, and specialized manufacturing and research institutions, all of a non -nuisance type. No use or types of uses specifically limited to the I-2 District may be permitted in the 1-1 District. 25.1 Use Regulations: Uses permitted in the 1-1 District are subject to the following conditions: 1. All business, servicing, or processing, except for off-street parking, off-street loading, display of merchandise for sale to the public, and establishments of the "drive-in" type, shall be conducted within completely enclosed areas. 2. All storage within one hundred feet (100') of a residence district, except for motor vehicles in operable condition, shall be within completely enclosed buildings or effectively screened with screening not less than six feet (6') nor more than eight feet (8') in height, provided no storage located within fifty feet (50) of such screening shall exceed the maximum height of such screening. 3. Permitted uses in the I-1 District shall not disseminate dust, fames, gas, noxious odor, smoke, glare, or other atmospheric influence. 4. Permitted uses in the I-1 District shall produce no noise exceeding in intensity, at the boundary of the property, the average intensity of noise of street traffic. 5. Permitted uses in the I-1 District shall not create fire hazards on surrounding property. Permitted uses in the I-1 District include the following: 1. Advertising products, such as signs and billboards (manufacturing of). 2. Ambulance, bus, train, and taxi stations, truck yards; 3. Awnings, Venetian blinds, and window shades (manufacturing of); 4. Bakery, candy, dairy and other food products, but not including fish and meat products, sauerkraut, vinegar, yeast, alcohol or alcoholic beverages; 5. Building materials yard, contractor's yard, lumberyard; 6. Cameras and other photographic equipment (manufacturing of); 7. Ceramic products, such as pottery, figurines, and small glazed tiles; 8. Ice plants, cold storage plants; 9. Jewelry; 10. Machine shops and fabrication of metal not more than ten (10) gauge in thickness; 11. Metal stamping and extrusion of small products, such as costume jewelry, pins and needles, razor blades, bottle caps, buttons, and kitchen utensils; 12. Milk and ice cream processing. Zoning Ordinance P21 City of Sanger, Texas 13. Mobile home sales. 14. Musical instruments; 15. Orthopedic and medical appliances, such as artificial limbs, braces, supports, and stretchers; 16. Repair of farm, household, office machinery or equipment; 17. Scientific and precision instruments (manufacturing of); 18. Sheet metal shops; 19. Public utility and public service uses as follows: (a) Bus stations, bus terminals, bus turnaround (off-street), bus garages, and bus lots; (b) Electric substations; (c) Radio and television towers; (d) Railroad passenger stations; (e) Telephone exchanges, microwave relay towers, telephone transmission equipment buildings and service yards; (f) Privately owned water pumping stations and water reservoirs; 20. Radar installations and towers; 21. Radio and television studios and stations; 22. Schools, trade. 23. Storage and warehousing establishments. 24. Storage yards, but not including junkyards; 25. Swimming pool (manufacturing of). 26. Trailer sales and rental, for use with private passenger motor vehicles; 27. Weighing stations; 28. Wholesaling establishments; 29. Accessory uses, including but not limited to temporary buildings for construction purpose for a period not to exceed the duration of such construction; 30. Other wholesale, light manufacturing, construction or service uses which are similar in character to those enumerated in this subsection, and which will not be dangerous or otherwise detrimental to persons residing or working in the vicinity thereof, or to the public welfare, and will not impair the use, enjoyment, or value of any property; 31. Factory outlet retail or wholesale store for the sales and servicing of goods or materials on the same premises as the manufacturing company to which they are related, including sales and service in a separate building or buildings; 32. Other uses as listed in Section 30 of this ordinance. The following specific uses shall be permitted in the I-1 District when granted in accordance with Section 31: Railroad freight terminals, railroad switching and classification yards, repair shops, and roundhouses. Zoning Ordinance P22 City of Sanger, Texas 2. Stadiums, auditoriums, and arenas. 3. Other uses as listed in Section 30 of this ordinance. 25.2 Height Regulations: Maximum height one hundred (100) feet. 25.3 Area Regulations: Size of Yards: a. Front Yard: Minimum required, twenty (20) feet. b. Side Yard: Minimum side yard of ten (10) feet except a corner lot adjacent to a street shall be twenty (20) feet. When the industrial district is adjacent to any residential district, a minimum side yard of twenty (20) feet shall be observed and a six (6) foot solid masonry or wood wall shall be constructed adjacent to the residential district's property line. C. Rear Yards: There shall be a rear yard of depth of twenty (20) feet, unless adjacent to a residential district, in which case a fifty (50) foot rear setback shall be observed. Size of Lot: a. Minimum Lot Area: None. b. Minimum Lot Width: None. C. Minimum Lot Depth: None. Lot Coverage: In no case shall more than fifty (50%) percent of the lot area be covered by the aggregate area of all buildings constructed on the lot. 25.4 Parking Regulations: Required off-street parking shall be provided in accordance with the specific uses set forth in Section 32. Zoning Ordinance P23 S!�"gD T2A8 COUNCIL AGENDA ITEM AGENDA TYPE ® Regular ❑ Special ❑ Consent Reviewed by Finance ❑ Yes ® Not Applicable ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal Yes ® Not Applicable' Council Meeting Date: August 1, 2011 Submitted By: Mike Brice City Manager Reviewed/Approval Initials �— Date -- ACTION REQUESTED: ®ORDINANCE ❑ RESOLUTION ® APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ REAPPOINTMENTS AGENDA CAPTION Consider, Discuss and Possibly Act on Approving Ordinance #08-29-11 - Amending the Code of Ordinances Chapter 5, Article 5.500, Outdoor Burning, by Adding Definitions and Restrictions. FINANCIAL SUMMARY ®N/A ❑GRANT FUNDS ❑OPERATING EXPENSE []REVENUE ❑CI P ❑BUDGETED ❑NON -BUD GETED PRIOR CURRENT FUTURE FISCAL YEAR: YEAR YEAR YEARS TOTALS Proposed Expenditure Amount Encumbered Amount BALANCE FUND(S) TO BE USED- General ❑$ Utility ❑ $ Special ❑ $ BACKGROUND/SUMMARY OF ITEM The existing ordinance refers to State rules that are obsolete. The amended ordinance sets definitions, restrictions and comprehensive rules for open burning. STAFF OPTIONS & RECOMMENDATION Staff recommends adoption. List of Supporting Documents: m Ordinance 808-29-11 Prior Action/Review by Council, Boards, Commissions or Other Agencies: P24 ORDINANCE 908-29-11 AN ORDINANCE OF THE CITY OF SANGER, TEXAS, AMENDING THE CODE OF ORDINANCES CHAPTER 5, FIRE PREVENTION, ARTICLE 5.500, OUTDOOR BURNING, BY ADDING DEFINITIONS AND RESTRICTIONS PROVIDING FOR THE REPEAT. OF ORDINANCES IN CONFLICT; PROVIDING A PENALTY OF A FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS($2,000) FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE. SECTION 1. Chapter 5, Article 5.500, is amended by adding definitions and restrictions and read as follows: ARTICLE 5.500 OUTDOOR BURNING Sea 5.501 Definitions Bonfire. An outdoor fire used for ceremonial purposes Open Burnin . The burning of materials wherein products of combustion are emitted directly into the ambient air without passing through a stack or chimney. Open burning does not include road flares, smudge pots or similar devices used for safety or occupational uses. Recreational Fire. The burning of wood, charcoal or similar material for recreational purposes such as cooking, warmth, ceremony or pleasure or similar purposes and not contained in a barbeque grill or pit, outdoor fireplace and similar apparatus. Recreational fires can be no more than 3 feet in diameter and two feet high. No materials other than wood, charcoal or similar material may be burned in a recreational fire. Construction Site Fire. A small fire contained within a burn barrel at a construction site for warmth. Construction site fires cannot be used for disposal of construction materials. Sec. 5.502 Authorization and Compliance with State Law All outdoor burning shall be in compliance with Title 30, Sections 111.201 through 111.221 of the Texas Administrative Code and all other applicable State Statutes. In the event of a conflict between the State Code and this article, the most stringent rule shall apply. Sec. 5.503 Prohibited Open Binning All open binning is prohibited other than that specifically allowed in this article. Further, any allowable open burning may be prohibited if it emits offensive or objectionable smoke or odor or when it would cause an undue safety hazard. No open burning shall be allowed if a Burn Ban has been issued by the City or County prohibiting that type of open burning. P25 Sec. 5.504 Restricted Open Burning The following types of open burning shall be allowed once a permit is secured and provided it is done in compliance with all State and Local regulations. (a) Bonfires may only be constructed from trees, brush and untreated wood. Bonfires can be no more than 100 square feet in size and less than 10 feet tall. Bonfires must be more than 300 feet from any structure. Bonfires are not allowed within 100 feet of any public roadway. Provisions shall be made to prevent the fire from spreading as recommended by the City. (b) Open Burning of leaves, trees and brush Leaves, trees and brush can be no more than 100 square feet in size and less than 10 feet tall. Leaves, trees and brush must be more than 300 feet from any structure. Open burning is not allowed within 100 feet of any public roadway. Provisions shall be made to prevent the fire from spreading as recommended by the City. No other materials may be burned and must be removed from the pile. (c) Recreational Fires Recreational fires must be more than 100 feet from any structure or public road and are limited to no more than 3 feet wide and 2 feet high. It is highly recommended that recreational fires be in a fire pit, nevertheless provisions must be made to prevent the fire from spreading. (d) Construction Site Fires Construction site fires must be contained within a metal burn barrel and combustible material must be kept six (6) inches below the lip of the barrel. A Metal grate must cover the top of the barrel. Untreated lumber, wood or charcoal may only be used for fuel. Pressure treated lumber, plywood and particle board, or any other construction materials may not be used. Construction fires must be a minimum of fifteen (15) feet from the structure and any combustible materials. Sec. 5.505 Attendance All fires requiring a permit shall be constantly attended by the owner or other responsible party over 18 years of age until the fire is completely extinguished and no smoke or embers are being produced. Provisions must be made to provide equipment sufficient for extinguishing the fire at the site of the fire. Sec. 5.506 Exempt Open Burning The following open burning does not require a permit and is allowable as long as a bran ban prohibiting it is not in place. (a) Fires in barbeque grills or pits, smokers, outdoor fireplaces or fire pits. (b) Fires used by the fire department for training purposes. See. 5.507 Permits Permits may be obtained from the Sanger Police Department. The fee for said permit shall be the fee designated in the Fee Schedule. Sec. 5.508 Penalty The penalty for violating any portion of this Article shall be as outlined in Sec. 1.109. Section 2. All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. Section 3. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, pleases and words of this ordinance are severable and, if any word, phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining portions of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional word, phrase, clause, sentence, paragraph, or section. Section 4. Any person, firm, or corporation who shall violate any of the provisions of this article shall be guilty of a misdemeanor and upon conviction shall be fined in accordance with the general penalty provision found in Section 1.109 of this Code. Section 5. This ordinance will take effect immediately from and alter its passage, and the publication of the caption, as the law and Charter in such cases provide PASSED AND APPROVED this 1st day of August 2011 by the City Council of the City of Sanger, Texas. FEW-QMTA0 171 Thomas Muir, Mayor ATTEST: Tami Taber, City Secretary P27 Sill ir� , i f OFFICE OF TILE CITY MANAGER August I, 2011 Office of the Chief Clerk, MC 105 TCEQ PO Box 13087 Austin, TX 7871 1-3087 Dear Chief Clerk: On behalf of the Mayor and Council, I would like to express the City of Sanger's concerns relating to permit number 96348 for a fuel distribution center operated by Denton Terminal LLC. While the location of the operation does not lie within the City Limits or Extra Territorial Jurisdiction of the City of Sanger, it does lie within our fire response area and is located on a roadway used extensively by Sanger residents. Due to these factors, the Mayor and Council have the following concerns. First, our fire department does not have the training and equipment to handle the specialized type of emergencies that may occur at the distribution center. Second, the volume of tanker trucks proposed may present a danger to residents traveling on FM 2164. Third, these tanker trucks may travel through the City of Sanger to reach Interstate 35, potentially presenting traffic and safety hazards to the citizens of Sanger. The City is aware that other governing bodies and numerous private citizens share these and other concerns about the proposed distribution center. Please take these concerns into consideration as you consider the above permit. If I can be of further assistance, please call. Mike Brice, City Manager Sanger, Texas PO Box 1729 Phone:940-458-7930 Sanger, TX 76266 Fax: 940-458-4180 P 2 8 « » . ! ay. > \ ! � � } \ , \ Pen CITY OF SANGER COUNCIL AGENDA ITEM AGENDA TYPE ® Regular ❑ Special ❑ Consent Reviewed by Finance ❑ Yes ® Not Applicable ❑ workshop ❑ Executive ❑ Public Hearing Reviewed by Legal Ll Yes ❑ Not Applicable Council Meeting Date: Submitted By: August 1, 2011 Joseph D. Iliff, AICP City Manager Reviewed/Approval Initials !I� —� Date l,7777 ACTION REQUESTED: ❑ORDINANCE ❑ RESOLUTION # ❑ APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS MOTHER PUBLIC hIEARING (RESCHEDULED) AGENDA CAPTION Conduct a Public Hearing to Consider the Possible Annexation of Land Located Along the West Side of Interstate 35, Extending From Lois Road North to the Denton County — Cooke County Line. CANCELLED FINANCIAL SUMMARY ®N/A ❑GRANT FUNDS ❑OPERATING EXPENSE ❑REVENUE ❑CI P ❑BUDGETED ❑NON -BUDGETED BACKGROUND/SUMMARY OF ITEM The public hearing has been cancelled. STAFF OPTIONS & RECOMMENDATION List of Supporting Documents/Exhibits Attached: Prior Action/Review by Council, Boards, Commissions or Other a Agencies: P30