10/07/2019-CC-Minutes-RegularCITY OF SANGER, TEXAS
MINUTES: REGULAR CITY COUNCIL MEETING
Monday, October 7, 2019 7:00 PM
502 Elm Street, Sanger, Texas
COUNCIL MEMBERS PRESENT:
Mayor Thomas Muir; Councilmember Marissa Barrett; Councilmember Dennis Dillon;
Councilmember David Clark; Councilmember Allen Chick.
COUNCIL MEMBERS ABSENT:
Mayor Pro Tem Gary Bilyeu.
STAFF MEMBERS PRESENT:
City Manager Alina Ciocan; City Secretary Cheryl Price; Finance Director Clayton Gray; City
Engineer Tracy LaPiene; Director of Development Services Ramie Hammonds; Planner Muzaib
Riaz; Police Officer Josh Bishop.
1.Call Meeting to Order, Invocation, Pledge of Allegiance.
There being a quorum present, the October 7, 2019 Regular City Council Meeting was called to
order by Mayor Muir at 7:00 p.m. The Invocation was given by Allen Chick and the Pledge of
Allegiance was led by Councilmember Barrett.
2.CITIZEN INPUT:
Mark Kerr, 1114 N. Stemmons, Sanger, (Marky's dry cleaning business), was recognized. He
noted that a water leak caused his bill to be very high during the months of June through September.
He noted he had a plumber come out identify it and repair it. He requested a utility adjustment from
the City and received it; however, on the next statement, the bill was still high and the fix happened
after the meter was read so he waited until next month and the bill was still very large. They found
the second leak which was more significant and the plumber did not spot it and it was fixed. He then
spoke with utility billing again and they advised that they only provide an adjustment for a two month
billing cycle twice a year. He requested an exception to this rule. Mr. Kerr said his bill is normally
about $4,000 and it was over $13,000. He hoped that staff would reconsider his request for
adjustment.
3.CONSENT AGENDA:
a.Approval of Minutes
1.City Council Work Session Minutes 09162019
Approval of Minutes for the City Council Work Session on September 16, 2019.
2.City Council Regular Meeting Minutes 9162019
Approval of the Regular City Council Agenda Minutes for September 16, 2019.
Page 1
CITY OF SANGER, TEXASMINUTES: REGULAR CITY COUNCIL MEETINGMonday, October 7, 2019 7:00 PM502 Elm Street, Sanger, TexasCOUNCIL MEMBERS PRESENT:Mayor Thomas Muir; Councilmember Marissa Barrett; Councilmember Dennis Dillon;Councilmember David Clark; Councilmember Allen Chick. COUNCIL MEMBERS ABSENT:Mayor Pro Tem Gary Bilyeu.STAFF MEMBERS PRESENT:City Manager Alina Ciocan; City Secretary Cheryl Price; Finance Director Clayton Gray; CityEngineer Tracy LaPiene; Director of Development Services Ramie Hammonds; Planner MuzaibRiaz; Police Officer Josh Bishop. 1.Call Meeting to Order, Invocation, Pledge of Allegiance.There being a quorum present, the October 7, 2019 Regular City Council Meeting was called toorder by Mayor Muir at 7:00 p.m. The Invocation was given by Allen Chick and the Pledge ofAllegiance was led by Councilmember Barrett. 2.CITIZEN INPUT:Mark Kerr, 1114 N. Stemmons, Sanger, (Marky's dry cleaning business), was recognized. Henoted that a water leak caused his bill to be very high during the months of June through September. He noted he had a plumber come out identify it and repair it. He requested a utility adjustment fromthe City and received it; however, on the next statement, the bill was still high and the fix happenedafter the meter was read so he waited until next month and the bill was still very large. They foundthe second leak which was more significant and the plumber did not spot it and it was fixed. He thenspoke with utility billing again and they advised that they only provide an adjustment for a two monthbilling cycle twice a year. He requested an exception to this rule. Mr. Kerr said his bill is normallyabout $4,000 and it was over $13,000. He hoped that staff would reconsider his request foradjustment. 3.CONSENT AGENDA:a.Approval of Minutes1.City Council Work Session Minutes 09162019Approval of Minutes for the City Council Work Session on September 16, 2019. 2.City Council Regular Meeting Minutes 9162019
Approval of the Regular City Council Agenda Minutes for September 16, 2019.
b.Resolution #101419 Closing a Bank Account
Approval of Resolution #101419 Authorizing the Closure of a Bank Account
A motion was made by Councilmember Barrett to approve the Consent Agenda as presented. The
motion was seconded by Councilmember Dillon. The motion carried unanimously (40, Mayor Pro
Tem Bilyeu absent).
4.Consider Any Items Removed from Consent Agenda.
No items were removed for the Consent Agenda.
REGULAR AGENDA
5.Ordinance 103119 Amending Utility Billing Procedures
Consider, Discuss and Act on Ordinance #103119 Amending the Code of Ordinances, Chapter
13 "Utilities", Article 13.1600 "Utility Billing Procedures"; Providing for the Repeal of All Ordinances
in Conflict; Providing for a Severability Clause; and Providing for an Effective Date.
Finance Director Clayton Gray summarized. He noted that he brought this presentation to the City
Council a few weeks ago and this ordinance is in preparation of the change to split the billing cycles.
The current proposal is to split the billing cycles with the dividing line at the railroad tracks. The
ordinance does not call out specific calendar days but specifies the number of days from the billing
date. This ordinance would also allow for future additional splitting of billing cycles, as development
occurs, and it becomes necessary. Mr. Gray noted that we are probably looking at starting this
change around January 1st and will provide several venues of notification to affected residents. This
change will provide better service without adding to staff levels. There was brief discussion regarding
the division of the billing cycles and how the information would be provided to the public.
A motion was made by Councilmember Chick to approve Ordinance #103119 Amending the
Code of Ordinances, Chapter 13 "Utilities", Article 13.1600 "Utility Billing Procedures"; providing
for the repeal of all ordinances in conflict; Providing for a severability clause; and providing for an
effective date. The motion was seconded by Councilmember Barrett. The motion carried
unanimously (40, Mayor Pro Tem Bilyeu absent).
6.Exterior Facade Design Criteria
Conduct a Public Hearing and Consider, Discuss, and Act on Ordinance # 102919 Establishing
the "Exterior Facade Design Criteria Manual"; Amending Article 3.2100 "Exterior Construction of
Residential Dwellings", Chapter 3 "Building Regulations", of the Code of Ordinances; and Moving
All Provisions Under Article 3.2100 to "Exterior Facade Design Criteria Manual".
Mayor Muir read the agenda summary and opened the public hearing at 7:12 p.m. Director of
Development Services Ramie Hammonds was recognized to provide a summary. As a result of
House Bill 2439 staff has been researching requirements with other cities and, what their guidelines
are, and has come up with this proposed design criteria manual She summarized the complete
design criteria manual. Below are the noted changes which came about from feedback to staff
before public comment:
2. Duplex buildings designed to appear as a single unit will have a statement added that anything
previously platted as of the effective date of this ordinance would be exempted from this
requirement.
Page 2
CITY OF SANGER, TEXASMINUTES: REGULAR CITY COUNCIL MEETINGMonday, October 7, 2019 7:00 PM502 Elm Street, Sanger, TexasCOUNCIL MEMBERS PRESENT:Mayor Thomas Muir; Councilmember Marissa Barrett; Councilmember Dennis Dillon;Councilmember David Clark; Councilmember Allen Chick. COUNCIL MEMBERS ABSENT:Mayor Pro Tem Gary Bilyeu.STAFF MEMBERS PRESENT:City Manager Alina Ciocan; City Secretary Cheryl Price; Finance Director Clayton Gray; CityEngineer Tracy LaPiene; Director of Development Services Ramie Hammonds; Planner MuzaibRiaz; Police Officer Josh Bishop. 1.Call Meeting to Order, Invocation, Pledge of Allegiance.There being a quorum present, the October 7, 2019 Regular City Council Meeting was called toorder by Mayor Muir at 7:00 p.m. The Invocation was given by Allen Chick and the Pledge ofAllegiance was led by Councilmember Barrett. 2.CITIZEN INPUT:Mark Kerr, 1114 N. Stemmons, Sanger, (Marky's dry cleaning business), was recognized. Henoted that a water leak caused his bill to be very high during the months of June through September. He noted he had a plumber come out identify it and repair it. He requested a utility adjustment fromthe City and received it; however, on the next statement, the bill was still high and the fix happenedafter the meter was read so he waited until next month and the bill was still very large. They foundthe second leak which was more significant and the plumber did not spot it and it was fixed. He thenspoke with utility billing again and they advised that they only provide an adjustment for a two monthbilling cycle twice a year. He requested an exception to this rule. Mr. Kerr said his bill is normallyabout $4,000 and it was over $13,000. He hoped that staff would reconsider his request foradjustment. 3.CONSENT AGENDA:a.Approval of Minutes1.City Council Work Session Minutes 09162019Approval of Minutes for the City Council Work Session on September 16, 2019. 2.City Council Regular Meeting Minutes 9162019Approval of the Regular City Council Agenda Minutes for September 16, 2019. b.Resolution #101419 Closing a Bank AccountApproval of Resolution #101419 Authorizing the Closure of a Bank AccountA motion was made by Councilmember Barrett to approve the Consent Agenda as presented. Themotion was seconded by Councilmember Dillon. The motion carried unanimously (40, Mayor ProTem Bilyeu absent). 4.Consider Any Items Removed from Consent Agenda.No items were removed for the Consent Agenda.REGULAR AGENDA5.Ordinance 103119 Amending Utility Billing ProceduresConsider, Discuss and Act on Ordinance #103119 Amending the Code of Ordinances, Chapter13 "Utilities", Article 13.1600 "Utility Billing Procedures"; Providing for the Repeal of All Ordinancesin Conflict; Providing for a Severability Clause; and Providing for an Effective Date.Finance Director Clayton Gray summarized. He noted that he brought this presentation to the CityCouncil a few weeks ago and this ordinance is in preparation of the change to split the billing cycles. The current proposal is to split the billing cycles with the dividing line at the railroad tracks. Theordinance does not call out specific calendar days but specifies the number of days from the billingdate. This ordinance would also allow for future additional splitting of billing cycles, as developmentoccurs, and it becomes necessary. Mr. Gray noted that we are probably looking at starting thischange around January 1st and will provide several venues of notification to affected residents. Thischange will provide better service without adding to staff levels. There was brief discussion regardingthe division of the billing cycles and how the information would be provided to the public.A motion was made by Councilmember Chick to approve Ordinance #103119 Amending theCode of Ordinances, Chapter 13 "Utilities", Article 13.1600 "Utility Billing Procedures"; providingfor the repeal of all ordinances in conflict; Providing for a severability clause; and providing for aneffective date. The motion was seconded by Councilmember Barrett. The motion carriedunanimously (40, Mayor Pro Tem Bilyeu absent).6.Exterior Facade Design CriteriaConduct a Public Hearing and Consider, Discuss, and Act on Ordinance # 102919 Establishingthe "Exterior Facade Design Criteria Manual"; Amending Article 3.2100 "Exterior Construction ofResidential Dwellings", Chapter 3 "Building Regulations", of the Code of Ordinances; and MovingAll Provisions Under Article 3.2100 to "Exterior Facade Design Criteria Manual".Mayor Muir read the agenda summary and opened the public hearing at 7:12 p.m. Director ofDevelopment Services Ramie Hammonds was recognized to provide a summary. As a result ofHouse Bill 2439 staff has been researching requirements with other cities and, what their guidelinesare, and has come up with this proposed design criteria manual She summarized the completedesign criteria manual. Below are the noted changes which came about from feedback to staffbefore public comment: 2. Duplex buildings designed to appear as a single unit will have a statement added that anything
previously platted as of the effective date of this ordinance would be exempted from this
requirement.
3. Attached Garage 40% was the maximum allowable garage, and with a three car garage it may
be hard to get the 40% this requirement will be eliminated. So the requirement will now be:
attached garages with a minimum of 400 square feet. Any garage facing a public street may not
extend in front of house.
8. (m) Window Shutters: delete "hinged" before the word panels. Not requiring hinged panels.
A summary was provided of the point system which is basically a requirement of what we already
have in the Central Core area of Sanger. Multifamily and amenity requirements and, nonresidential
requirements covered in the manual were summarized. She reiterated that staff looked at
several other city requirements and did a lot of research. Staff did not want to be out of line with
what other cities were doing or be so restrictive that it is difficult for builders; however, wanted to
have enough design to still have quality development in Sanger.
Mayor Muir noted this is a public hearing and solicited anyone who wished to speak on this item. He
noted he has been provided citizen input forms from some of the citizens who wished to speak:
Lisa Dritschler, McClintock Homes, 100 N. Highland, Sanger, Texas was recognized. She noted
that she is grateful for the changes that staff has made and discussed them earlier in the day with
Ramie Hammonds. She indicated that she was happy with the changes that staff made to the design
criteria but would like to see a few more changes which would affect the homes they are building
right now, mostly in Sable Creek. She noted a big concern: Item 3. Garages facing a public street
may not extend beyond the house front. She stated this eliminates their entire plan mix and the
houses they currently have under construction do not comply. She provided pictures of some of their
home elevations and noted that they would not comply. She noted they only have one plan that
would comply. She noted that she felt this would be a hardship for them with lots already platted
and model homes already constructed. She noted that she has 10 houses right now that have
financing but they have not submitted a permit because they are waiting on engineering, etc. What is
being proposed will eliminate their product line. Ms. Dritschler noted also of concern is, Item 7
regarding the house elevation shall not be repeated with in any ten (10) lot groupings. She requested
if there was any way to move it to a six (6) lot block, that every third house can not be the same.
Also item 8 d, the offsets to the Front Facade: There are already front and side building setbacks
and with lots already on the ground, with a 10 foot offset the building pads are not set for that. She
noted she would like to see a one foot setback. This is a hard one to get points for on the smaller
lots. She reiterated the biggest issue is the garage not extending beyond the house front and would
like to see if something can be worked out with this issue.
Matt Hackley, 3292 Hinton Road, Nacona Texas with Impression Homes, Sanger Circle 6 was
recognized. He noted that they do not like to build in cities where it is too hard to do business and
gave examples. He stated that the 10 lot block is a real problem, it gets too complicated. He also
noted the garage not extending in front of the home also complicates things. He stated they love it
here but if it is burdened too much they will just pull out.
Carolyn Cashion, Builder Ultra Homes, 6640 Blackjack Oaks, Aubrey, Texas. She noted that she
also appreciated the changes that staff is proposing but would like to see a few more changes. She
provided some elevations of their homes and noted that all of them would not be allowed to be built
with the garage not being able to extend in front of the home. She also noted that they have bought
some lots that are problem lots within a culdesac and the products they developed for the lots
Page 3
CITY OF SANGER, TEXASMINUTES: REGULAR CITY COUNCIL MEETINGMonday, October 7, 2019 7:00 PM502 Elm Street, Sanger, TexasCOUNCIL MEMBERS PRESENT:Mayor Thomas Muir; Councilmember Marissa Barrett; Councilmember Dennis Dillon;Councilmember David Clark; Councilmember Allen Chick. COUNCIL MEMBERS ABSENT:Mayor Pro Tem Gary Bilyeu.STAFF MEMBERS PRESENT:City Manager Alina Ciocan; City Secretary Cheryl Price; Finance Director Clayton Gray; CityEngineer Tracy LaPiene; Director of Development Services Ramie Hammonds; Planner MuzaibRiaz; Police Officer Josh Bishop. 1.Call Meeting to Order, Invocation, Pledge of Allegiance.There being a quorum present, the October 7, 2019 Regular City Council Meeting was called toorder by Mayor Muir at 7:00 p.m. The Invocation was given by Allen Chick and the Pledge ofAllegiance was led by Councilmember Barrett. 2.CITIZEN INPUT:Mark Kerr, 1114 N. Stemmons, Sanger, (Marky's dry cleaning business), was recognized. Henoted that a water leak caused his bill to be very high during the months of June through September. He noted he had a plumber come out identify it and repair it. He requested a utility adjustment fromthe City and received it; however, on the next statement, the bill was still high and the fix happenedafter the meter was read so he waited until next month and the bill was still very large. They foundthe second leak which was more significant and the plumber did not spot it and it was fixed. He thenspoke with utility billing again and they advised that they only provide an adjustment for a two monthbilling cycle twice a year. He requested an exception to this rule. Mr. Kerr said his bill is normallyabout $4,000 and it was over $13,000. He hoped that staff would reconsider his request foradjustment. 3.CONSENT AGENDA:a.Approval of Minutes1.City Council Work Session Minutes 09162019Approval of Minutes for the City Council Work Session on September 16, 2019. 2.City Council Regular Meeting Minutes 9162019Approval of the Regular City Council Agenda Minutes for September 16, 2019. b.Resolution #101419 Closing a Bank AccountApproval of Resolution #101419 Authorizing the Closure of a Bank AccountA motion was made by Councilmember Barrett to approve the Consent Agenda as presented. Themotion was seconded by Councilmember Dillon. The motion carried unanimously (40, Mayor ProTem Bilyeu absent). 4.Consider Any Items Removed from Consent Agenda.No items were removed for the Consent Agenda.REGULAR AGENDA5.Ordinance 103119 Amending Utility Billing ProceduresConsider, Discuss and Act on Ordinance #103119 Amending the Code of Ordinances, Chapter13 "Utilities", Article 13.1600 "Utility Billing Procedures"; Providing for the Repeal of All Ordinancesin Conflict; Providing for a Severability Clause; and Providing for an Effective Date.Finance Director Clayton Gray summarized. He noted that he brought this presentation to the CityCouncil a few weeks ago and this ordinance is in preparation of the change to split the billing cycles. The current proposal is to split the billing cycles with the dividing line at the railroad tracks. Theordinance does not call out specific calendar days but specifies the number of days from the billingdate. This ordinance would also allow for future additional splitting of billing cycles, as developmentoccurs, and it becomes necessary. Mr. Gray noted that we are probably looking at starting thischange around January 1st and will provide several venues of notification to affected residents. Thischange will provide better service without adding to staff levels. There was brief discussion regardingthe division of the billing cycles and how the information would be provided to the public.A motion was made by Councilmember Chick to approve Ordinance #103119 Amending theCode of Ordinances, Chapter 13 "Utilities", Article 13.1600 "Utility Billing Procedures"; providingfor the repeal of all ordinances in conflict; Providing for a severability clause; and providing for aneffective date. The motion was seconded by Councilmember Barrett. The motion carriedunanimously (40, Mayor Pro Tem Bilyeu absent).6.Exterior Facade Design CriteriaConduct a Public Hearing and Consider, Discuss, and Act on Ordinance # 102919 Establishingthe "Exterior Facade Design Criteria Manual"; Amending Article 3.2100 "Exterior Construction ofResidential Dwellings", Chapter 3 "Building Regulations", of the Code of Ordinances; and MovingAll Provisions Under Article 3.2100 to "Exterior Facade Design Criteria Manual".Mayor Muir read the agenda summary and opened the public hearing at 7:12 p.m. Director ofDevelopment Services Ramie Hammonds was recognized to provide a summary. As a result ofHouse Bill 2439 staff has been researching requirements with other cities and, what their guidelinesare, and has come up with this proposed design criteria manual She summarized the completedesign criteria manual. Below are the noted changes which came about from feedback to staffbefore public comment: 2. Duplex buildings designed to appear as a single unit will have a statement added that anythingpreviously platted as of the effective date of this ordinance would be exempted from thisrequirement. 3. Attached Garage 40% was the maximum allowable garage, and with a three car garage it maybe hard to get the 40% this requirement will be eliminated. So the requirement will now be:attached garages with a minimum of 400 square feet. Any garage facing a public street may notextend in front of house. 8. (m) Window Shutters: delete "hinged" before the word panels. Not requiring hinged panels.A summary was provided of the point system which is basically a requirement of what we alreadyhave in the Central Core area of Sanger. Multifamily and amenity requirements and, nonresidentialrequirements covered in the manual were summarized. She reiterated that staff looked atseveral other city requirements and did a lot of research. Staff did not want to be out of line withwhat other cities were doing or be so restrictive that it is difficult for builders; however, wanted tohave enough design to still have quality development in Sanger. Mayor Muir noted this is a public hearing and solicited anyone who wished to speak on this item. Henoted he has been provided citizen input forms from some of the citizens who wished to speak:Lisa Dritschler, McClintock Homes, 100 N. Highland, Sanger, Texas was recognized. She notedthat she is grateful for the changes that staff has made and discussed them earlier in the day withRamie Hammonds. She indicated that she was happy with the changes that staff made to the designcriteria but would like to see a few more changes which would affect the homes they are buildingright now, mostly in Sable Creek. She noted a big concern: Item 3. Garages facing a public streetmay not extend beyond the house front. She stated this eliminates their entire plan mix and thehouses they currently have under construction do not comply. She provided pictures of some of theirhome elevations and noted that they would not comply. She noted they only have one plan thatwould comply. She noted that she felt this would be a hardship for them with lots already plattedand model homes already constructed. She noted that she has 10 houses right now that havefinancing but they have not submitted a permit because they are waiting on engineering, etc. What isbeing proposed will eliminate their product line. Ms. Dritschler noted also of concern is, Item 7regarding the house elevation shall not be repeated with in any ten (10) lot groupings. She requestedif there was any way to move it to a six (6) lot block, that every third house can not be the same. Also item 8 d, the offsets to the Front Facade: There are already front and side building setbacksand with lots already on the ground, with a 10 foot offset the building pads are not set for that. Shenoted she would like to see a one foot setback. This is a hard one to get points for on the smallerlots. She reiterated the biggest issue is the garage not extending beyond the house front and wouldlike to see if something can be worked out with this issue.Matt Hackley, 3292 Hinton Road, Nacona Texas with Impression Homes, Sanger Circle 6 wasrecognized. He noted that they do not like to build in cities where it is too hard to do business andgave examples. He stated that the 10 lot block is a real problem, it gets too complicated. He alsonoted the garage not extending in front of the home also complicates things. He stated they love ithere but if it is burdened too much they will just pull out. Carolyn Cashion, Builder Ultra Homes, 6640 Blackjack Oaks, Aubrey, Texas. She noted that shealso appreciated the changes that staff is proposing but would like to see a few more changes. Sheprovided some elevations of their homes and noted that all of them would not be allowed to be built
with the garage not being able to extend in front of the home. She also noted that they have bought
some lots that are problem lots within a culdesac and the products they developed for the lots
would not be allowed to be built under the new rules. Another note she wanted to bring up is Item 8
a. Porch she noted that they do like to build porches but the requirement says six (6) feet and that
is really way to much for something that an appraiser gives no value for. They don't even put six foot
(6') porches on their custom homes. This is why you don't see covered porches on homes much
anymore. She also noted she has a problem with the 10 lot block rule.
Kurt Cameron, Cameron Classic Homes and Parkbrook Homes, P.O. Box 92335, Southlake, TX
76092. He was going to ask if the proposed changes were an effort to circumvent the new laws in
HB 2439 and that was answered in the presentation by staff. Do any of these proposed regulations
conflict in any way with HB 2459? He noted his concerns regarding any possible conflicts in not
allowing materials that are directly allowed by the building code. He was concerned if there was any
additional construction costs to builders because of these changes. He noted the garage not being
able to extend in front of the home was a big concern in cost and is an issue with his homes, that
every single home he has, the garage extends in front of the home. Also, affect of future sales and if
a study was made on the economic impact and how these changes will affect that. Has the staff had
the opportunity to research regarding any pending litigation in other cities? He mentioned the
masonry requirements and noted that there were not mentions of Hardie Board and it is a masonry
product, that approved products can not be restricted. He reiterated that the garage issue was a
concern. The six foot (6') porch depth is not realistic; that a four foot (4') porch would be more
realistic. The other items he had concerns with have already been corrected by staff.
There being no further citizens approaching the podium to speak, Mayor Muir closed the public
hearing at 7:52 p.m.
There was discussion between the Mayor, City Council Members, Staff and the Citizens/Builders
who spoke (above) regarding the items of concern brought up during the public hearing.
There was also discussion with Lisa Dritschler of McClintock Homes regarding eight lots which
were already sold/or financed and Ramie Hammonds, Director of Development Services suggested
that if they applied for permit by tomorrow (10082019) staff will count them before the effective
date of the ordinance and they would be allowed to be built under the old guidelines, if the
engineered plans are submitted within two weeks. Councilmembers were in agreement.
The following items were proposed to be changed by staff at the beginning of the meeting:
2. Duplex buildings designed to appear as a single unit will have a statement added that anything
previously platted as of the effective date of this ordinance would be exempted from this
requirement.
3. Attached Garage 40% was the maximum allowable garage, and with a three car garage it may
be hard to get the 40% this requirement will be eliminated. So the requirement will be attached
garages with a minimum of 400 square feet. Any garage facing a public street may not extend in
front of house.
8. (m) Window Shutters: delete "hinged" before the word panels (shingles). Not requiring hinged
panels.
The following proposed changes were discussed during the meeting (some revisions were made to
some of the items above):
Page 4
CITY OF SANGER, TEXASMINUTES: REGULAR CITY COUNCIL MEETINGMonday, October 7, 2019 7:00 PM502 Elm Street, Sanger, TexasCOUNCIL MEMBERS PRESENT:Mayor Thomas Muir; Councilmember Marissa Barrett; Councilmember Dennis Dillon;Councilmember David Clark; Councilmember Allen Chick. COUNCIL MEMBERS ABSENT:Mayor Pro Tem Gary Bilyeu.STAFF MEMBERS PRESENT:City Manager Alina Ciocan; City Secretary Cheryl Price; Finance Director Clayton Gray; CityEngineer Tracy LaPiene; Director of Development Services Ramie Hammonds; Planner MuzaibRiaz; Police Officer Josh Bishop. 1.Call Meeting to Order, Invocation, Pledge of Allegiance.There being a quorum present, the October 7, 2019 Regular City Council Meeting was called toorder by Mayor Muir at 7:00 p.m. The Invocation was given by Allen Chick and the Pledge ofAllegiance was led by Councilmember Barrett. 2.CITIZEN INPUT:Mark Kerr, 1114 N. Stemmons, Sanger, (Marky's dry cleaning business), was recognized. Henoted that a water leak caused his bill to be very high during the months of June through September. He noted he had a plumber come out identify it and repair it. He requested a utility adjustment fromthe City and received it; however, on the next statement, the bill was still high and the fix happenedafter the meter was read so he waited until next month and the bill was still very large. They foundthe second leak which was more significant and the plumber did not spot it and it was fixed. He thenspoke with utility billing again and they advised that they only provide an adjustment for a two monthbilling cycle twice a year. He requested an exception to this rule. Mr. Kerr said his bill is normallyabout $4,000 and it was over $13,000. He hoped that staff would reconsider his request foradjustment. 3.CONSENT AGENDA:a.Approval of Minutes1.City Council Work Session Minutes 09162019Approval of Minutes for the City Council Work Session on September 16, 2019. 2.City Council Regular Meeting Minutes 9162019Approval of the Regular City Council Agenda Minutes for September 16, 2019. b.Resolution #101419 Closing a Bank AccountApproval of Resolution #101419 Authorizing the Closure of a Bank AccountA motion was made by Councilmember Barrett to approve the Consent Agenda as presented. Themotion was seconded by Councilmember Dillon. The motion carried unanimously (40, Mayor ProTem Bilyeu absent). 4.Consider Any Items Removed from Consent Agenda.No items were removed for the Consent Agenda.REGULAR AGENDA5.Ordinance 103119 Amending Utility Billing ProceduresConsider, Discuss and Act on Ordinance #103119 Amending the Code of Ordinances, Chapter13 "Utilities", Article 13.1600 "Utility Billing Procedures"; Providing for the Repeal of All Ordinancesin Conflict; Providing for a Severability Clause; and Providing for an Effective Date.Finance Director Clayton Gray summarized. He noted that he brought this presentation to the CityCouncil a few weeks ago and this ordinance is in preparation of the change to split the billing cycles. The current proposal is to split the billing cycles with the dividing line at the railroad tracks. Theordinance does not call out specific calendar days but specifies the number of days from the billingdate. This ordinance would also allow for future additional splitting of billing cycles, as developmentoccurs, and it becomes necessary. Mr. Gray noted that we are probably looking at starting thischange around January 1st and will provide several venues of notification to affected residents. Thischange will provide better service without adding to staff levels. There was brief discussion regardingthe division of the billing cycles and how the information would be provided to the public.A motion was made by Councilmember Chick to approve Ordinance #103119 Amending theCode of Ordinances, Chapter 13 "Utilities", Article 13.1600 "Utility Billing Procedures"; providingfor the repeal of all ordinances in conflict; Providing for a severability clause; and providing for aneffective date. The motion was seconded by Councilmember Barrett. The motion carriedunanimously (40, Mayor Pro Tem Bilyeu absent).6.Exterior Facade Design CriteriaConduct a Public Hearing and Consider, Discuss, and Act on Ordinance # 102919 Establishingthe "Exterior Facade Design Criteria Manual"; Amending Article 3.2100 "Exterior Construction ofResidential Dwellings", Chapter 3 "Building Regulations", of the Code of Ordinances; and MovingAll Provisions Under Article 3.2100 to "Exterior Facade Design Criteria Manual".Mayor Muir read the agenda summary and opened the public hearing at 7:12 p.m. Director ofDevelopment Services Ramie Hammonds was recognized to provide a summary. As a result ofHouse Bill 2439 staff has been researching requirements with other cities and, what their guidelinesare, and has come up with this proposed design criteria manual She summarized the completedesign criteria manual. Below are the noted changes which came about from feedback to staffbefore public comment: 2. Duplex buildings designed to appear as a single unit will have a statement added that anythingpreviously platted as of the effective date of this ordinance would be exempted from thisrequirement. 3. Attached Garage 40% was the maximum allowable garage, and with a three car garage it maybe hard to get the 40% this requirement will be eliminated. So the requirement will now be:attached garages with a minimum of 400 square feet. Any garage facing a public street may notextend in front of house. 8. (m) Window Shutters: delete "hinged" before the word panels. Not requiring hinged panels.A summary was provided of the point system which is basically a requirement of what we alreadyhave in the Central Core area of Sanger. Multifamily and amenity requirements and, nonresidentialrequirements covered in the manual were summarized. She reiterated that staff looked atseveral other city requirements and did a lot of research. Staff did not want to be out of line withwhat other cities were doing or be so restrictive that it is difficult for builders; however, wanted tohave enough design to still have quality development in Sanger. Mayor Muir noted this is a public hearing and solicited anyone who wished to speak on this item. Henoted he has been provided citizen input forms from some of the citizens who wished to speak:Lisa Dritschler, McClintock Homes, 100 N. Highland, Sanger, Texas was recognized. She notedthat she is grateful for the changes that staff has made and discussed them earlier in the day withRamie Hammonds. She indicated that she was happy with the changes that staff made to the designcriteria but would like to see a few more changes which would affect the homes they are buildingright now, mostly in Sable Creek. She noted a big concern: Item 3. Garages facing a public streetmay not extend beyond the house front. She stated this eliminates their entire plan mix and thehouses they currently have under construction do not comply. She provided pictures of some of theirhome elevations and noted that they would not comply. She noted they only have one plan thatwould comply. She noted that she felt this would be a hardship for them with lots already plattedand model homes already constructed. She noted that she has 10 houses right now that havefinancing but they have not submitted a permit because they are waiting on engineering, etc. What isbeing proposed will eliminate their product line. Ms. Dritschler noted also of concern is, Item 7regarding the house elevation shall not be repeated with in any ten (10) lot groupings. She requestedif there was any way to move it to a six (6) lot block, that every third house can not be the same. Also item 8 d, the offsets to the Front Facade: There are already front and side building setbacksand with lots already on the ground, with a 10 foot offset the building pads are not set for that. Shenoted she would like to see a one foot setback. This is a hard one to get points for on the smallerlots. She reiterated the biggest issue is the garage not extending beyond the house front and wouldlike to see if something can be worked out with this issue.Matt Hackley, 3292 Hinton Road, Nacona Texas with Impression Homes, Sanger Circle 6 wasrecognized. He noted that they do not like to build in cities where it is too hard to do business andgave examples. He stated that the 10 lot block is a real problem, it gets too complicated. He alsonoted the garage not extending in front of the home also complicates things. He stated they love ithere but if it is burdened too much they will just pull out. Carolyn Cashion, Builder Ultra Homes, 6640 Blackjack Oaks, Aubrey, Texas. She noted that shealso appreciated the changes that staff is proposing but would like to see a few more changes. Sheprovided some elevations of their homes and noted that all of them would not be allowed to be builtwith the garage not being able to extend in front of the home. She also noted that they have boughtsome lots that are problem lots within a culdesac and the products they developed for the lotswould not be allowed to be built under the new rules. Another note she wanted to bring up is Item 8a. Porch she noted that they do like to build porches but the requirement says six (6) feet and thatis really way to much for something that an appraiser gives no value for. They don't even put six foot(6') porches on their custom homes. This is why you don't see covered porches on homes muchanymore. She also noted she has a problem with the 10 lot block rule. Kurt Cameron, Cameron Classic Homes and Parkbrook Homes, P.O. Box 92335, Southlake, TX 76092. He was going to ask if the proposed changes were an effort to circumvent the new laws inHB 2439 and that was answered in the presentation by staff. Do any of these proposed regulationsconflict in any way with HB 2459? He noted his concerns regarding any possible conflicts in notallowing materials that are directly allowed by the building code. He was concerned if there was anyadditional construction costs to builders because of these changes. He noted the garage not beingable to extend in front of the home was a big concern in cost and is an issue with his homes, thatevery single home he has, the garage extends in front of the home. Also, affect of future sales and ifa study was made on the economic impact and how these changes will affect that. Has the staff hadthe opportunity to research regarding any pending litigation in other cities? He mentioned themasonry requirements and noted that there were not mentions of Hardie Board and it is a masonryproduct, that approved products can not be restricted. He reiterated that the garage issue was aconcern. The six foot (6') porch depth is not realistic; that a four foot (4') porch would be morerealistic. The other items he had concerns with have already been corrected by staff.There being no further citizens approaching the podium to speak, Mayor Muir closed the publichearing at 7:52 p.m. There was discussion between the Mayor, City Council Members, Staff and the Citizens/Builderswho spoke (above) regarding the items of concern brought up during the public hearing. There was also discussion with Lisa Dritschler of McClintock Homes regarding eight lots whichwere already sold/or financed and Ramie Hammonds, Director of Development Services suggestedthat if they applied for permit by tomorrow (10082019) staff will count them before the effectivedate of the ordinance and they would be allowed to be built under the old guidelines, if theengineered plans are submitted within two weeks. Councilmembers were in agreement.The following items were proposed to be changed by staff at the beginning of the meeting:2. Duplex buildings designed to appear as a single unit will have a statement added that anythingpreviously platted as of the effective date of this ordinance would be exempted from thisrequirement. 3. Attached Garage 40% was the maximum allowable garage, and with a three car garage it maybe hard to get the 40% this requirement will be eliminated. So the requirement will be attachedgarages with a minimum of 400 square feet. Any garage facing a public street may not extend infront of house. 8. (m) Window Shutters: delete "hinged" before the word panels (shingles). Not requiring hingedpanels.
The following proposed changes were discussed during the meeting (some revisions were made to
some of the items above):
3. Any garage facing a public street may not extend more than 10 feet beyond the house front.
Council to allow staff to approve a variance on nontypical lots and if staff can not work it out that it
would be presented to City Council for determination.
7. Any house elevation shall not be repeated on a group of three lots most directly across the street,
nor shall it be repeated on two adjacent lots in either direction on the same side of the street.
8.a. Reduce the porch size from the six foot (6') requirement to a four foot (4') requirement.
The eight houses noted by Lisa Dritschler of McClintock Homes will be counted under the old
guidelines if submitted within two (2) weeks.
Mayor Muir summarized all of the changes discussed and noted that the Council can always bring
items back for changes if necessary.
Councilmember Chick commented that he would definitely like to hear feedback on this as it
progresses. It doesn't mean it will be changed. He noted that the intent is that we want to see nice
quality homes that people want to live in and that he understands that the builders are running a
business; but, also wants them to understand that we are trying to build a good community and if we
can meet in the middle, it will work for everybody. Councilmember Clark asked Ms. Hammonds if
she would do the research on the homes built in the city and come back with an average of how far
the garages sit in front of the house lines. Ms Hammonds noted that she would do the research and
get back with Council.
A motion was made by Councilmember Barrett to approve Ordinance # 102919 Establishing the
"Exterior Facade Design Criteria Manual"; Amending Article 3.2100 "Exterior Construction of
Residential Dwellings", Chapter 3 "Building Regulations", of the Code of Ordinances; and Moving
All Provisions Under Article 3.2100 to "Exterior Facade Design Criteria Manual",to include the
following revisions and amendments:
2. Duplex buildings designed to appear as a single unit will have a statement added that anything
previously platted as of the effective date of this ordinance would be exempted from this
requirement.
3. Attached Garage 40% was the maximum allowable garage, and with a three car garage it may
be hard to get the 40% this requirement will be eliminated. So the requirement will be attached
garages with a minimum of 400 square feet.
Any garage facing a public street may not extend more than 10 feet beyond the house front. Council
to allow staff to approve a variance on nontypical lots and if staff can not work it out that it would
be presented to City Council for determination.
7. Any house elevation shall not be repeated on a group of three lots most directly across the street,
nor shall it be repeated on two adjacent lots in either direction on the same side of the street.
8. a. Reduce the porch size from the six foot (6') requirement to four foot (4').
8.m. Window Shutters: delete "hinged" before the word panels (shutters). Not requiring hinged
Page 5
CITY OF SANGER, TEXASMINUTES: REGULAR CITY COUNCIL MEETINGMonday, October 7, 2019 7:00 PM502 Elm Street, Sanger, TexasCOUNCIL MEMBERS PRESENT:Mayor Thomas Muir; Councilmember Marissa Barrett; Councilmember Dennis Dillon;Councilmember David Clark; Councilmember Allen Chick. COUNCIL MEMBERS ABSENT:Mayor Pro Tem Gary Bilyeu.STAFF MEMBERS PRESENT:City Manager Alina Ciocan; City Secretary Cheryl Price; Finance Director Clayton Gray; CityEngineer Tracy LaPiene; Director of Development Services Ramie Hammonds; Planner MuzaibRiaz; Police Officer Josh Bishop. 1.Call Meeting to Order, Invocation, Pledge of Allegiance.There being a quorum present, the October 7, 2019 Regular City Council Meeting was called toorder by Mayor Muir at 7:00 p.m. The Invocation was given by Allen Chick and the Pledge ofAllegiance was led by Councilmember Barrett. 2.CITIZEN INPUT:Mark Kerr, 1114 N. Stemmons, Sanger, (Marky's dry cleaning business), was recognized. Henoted that a water leak caused his bill to be very high during the months of June through September. He noted he had a plumber come out identify it and repair it. He requested a utility adjustment fromthe City and received it; however, on the next statement, the bill was still high and the fix happenedafter the meter was read so he waited until next month and the bill was still very large. They foundthe second leak which was more significant and the plumber did not spot it and it was fixed. He thenspoke with utility billing again and they advised that they only provide an adjustment for a two monthbilling cycle twice a year. He requested an exception to this rule. Mr. Kerr said his bill is normallyabout $4,000 and it was over $13,000. He hoped that staff would reconsider his request foradjustment. 3.CONSENT AGENDA:a.Approval of Minutes1.City Council Work Session Minutes 09162019Approval of Minutes for the City Council Work Session on September 16, 2019. 2.City Council Regular Meeting Minutes 9162019Approval of the Regular City Council Agenda Minutes for September 16, 2019. b.Resolution #101419 Closing a Bank AccountApproval of Resolution #101419 Authorizing the Closure of a Bank AccountA motion was made by Councilmember Barrett to approve the Consent Agenda as presented. Themotion was seconded by Councilmember Dillon. The motion carried unanimously (40, Mayor ProTem Bilyeu absent). 4.Consider Any Items Removed from Consent Agenda.No items were removed for the Consent Agenda.REGULAR AGENDA5.Ordinance 103119 Amending Utility Billing ProceduresConsider, Discuss and Act on Ordinance #103119 Amending the Code of Ordinances, Chapter13 "Utilities", Article 13.1600 "Utility Billing Procedures"; Providing for the Repeal of All Ordinancesin Conflict; Providing for a Severability Clause; and Providing for an Effective Date.Finance Director Clayton Gray summarized. He noted that he brought this presentation to the CityCouncil a few weeks ago and this ordinance is in preparation of the change to split the billing cycles. The current proposal is to split the billing cycles with the dividing line at the railroad tracks. Theordinance does not call out specific calendar days but specifies the number of days from the billingdate. This ordinance would also allow for future additional splitting of billing cycles, as developmentoccurs, and it becomes necessary. Mr. Gray noted that we are probably looking at starting thischange around January 1st and will provide several venues of notification to affected residents. Thischange will provide better service without adding to staff levels. There was brief discussion regardingthe division of the billing cycles and how the information would be provided to the public.A motion was made by Councilmember Chick to approve Ordinance #103119 Amending theCode of Ordinances, Chapter 13 "Utilities", Article 13.1600 "Utility Billing Procedures"; providingfor the repeal of all ordinances in conflict; Providing for a severability clause; and providing for aneffective date. The motion was seconded by Councilmember Barrett. The motion carriedunanimously (40, Mayor Pro Tem Bilyeu absent).6.Exterior Facade Design CriteriaConduct a Public Hearing and Consider, Discuss, and Act on Ordinance # 102919 Establishingthe "Exterior Facade Design Criteria Manual"; Amending Article 3.2100 "Exterior Construction ofResidential Dwellings", Chapter 3 "Building Regulations", of the Code of Ordinances; and MovingAll Provisions Under Article 3.2100 to "Exterior Facade Design Criteria Manual".Mayor Muir read the agenda summary and opened the public hearing at 7:12 p.m. Director ofDevelopment Services Ramie Hammonds was recognized to provide a summary. As a result ofHouse Bill 2439 staff has been researching requirements with other cities and, what their guidelinesare, and has come up with this proposed design criteria manual She summarized the completedesign criteria manual. Below are the noted changes which came about from feedback to staffbefore public comment: 2. Duplex buildings designed to appear as a single unit will have a statement added that anythingpreviously platted as of the effective date of this ordinance would be exempted from thisrequirement. 3. Attached Garage 40% was the maximum allowable garage, and with a three car garage it maybe hard to get the 40% this requirement will be eliminated. So the requirement will now be:attached garages with a minimum of 400 square feet. Any garage facing a public street may notextend in front of house. 8. (m) Window Shutters: delete "hinged" before the word panels. Not requiring hinged panels.A summary was provided of the point system which is basically a requirement of what we alreadyhave in the Central Core area of Sanger. Multifamily and amenity requirements and, nonresidentialrequirements covered in the manual were summarized. She reiterated that staff looked atseveral other city requirements and did a lot of research. Staff did not want to be out of line withwhat other cities were doing or be so restrictive that it is difficult for builders; however, wanted tohave enough design to still have quality development in Sanger. Mayor Muir noted this is a public hearing and solicited anyone who wished to speak on this item. Henoted he has been provided citizen input forms from some of the citizens who wished to speak:Lisa Dritschler, McClintock Homes, 100 N. Highland, Sanger, Texas was recognized. She notedthat she is grateful for the changes that staff has made and discussed them earlier in the day withRamie Hammonds. She indicated that she was happy with the changes that staff made to the designcriteria but would like to see a few more changes which would affect the homes they are buildingright now, mostly in Sable Creek. She noted a big concern: Item 3. Garages facing a public streetmay not extend beyond the house front. She stated this eliminates their entire plan mix and thehouses they currently have under construction do not comply. She provided pictures of some of theirhome elevations and noted that they would not comply. She noted they only have one plan thatwould comply. She noted that she felt this would be a hardship for them with lots already plattedand model homes already constructed. She noted that she has 10 houses right now that havefinancing but they have not submitted a permit because they are waiting on engineering, etc. What isbeing proposed will eliminate their product line. Ms. Dritschler noted also of concern is, Item 7regarding the house elevation shall not be repeated with in any ten (10) lot groupings. She requestedif there was any way to move it to a six (6) lot block, that every third house can not be the same. Also item 8 d, the offsets to the Front Facade: There are already front and side building setbacksand with lots already on the ground, with a 10 foot offset the building pads are not set for that. Shenoted she would like to see a one foot setback. This is a hard one to get points for on the smallerlots. She reiterated the biggest issue is the garage not extending beyond the house front and wouldlike to see if something can be worked out with this issue.Matt Hackley, 3292 Hinton Road, Nacona Texas with Impression Homes, Sanger Circle 6 wasrecognized. He noted that they do not like to build in cities where it is too hard to do business andgave examples. He stated that the 10 lot block is a real problem, it gets too complicated. He alsonoted the garage not extending in front of the home also complicates things. He stated they love ithere but if it is burdened too much they will just pull out. Carolyn Cashion, Builder Ultra Homes, 6640 Blackjack Oaks, Aubrey, Texas. She noted that shealso appreciated the changes that staff is proposing but would like to see a few more changes. Sheprovided some elevations of their homes and noted that all of them would not be allowed to be builtwith the garage not being able to extend in front of the home. She also noted that they have boughtsome lots that are problem lots within a culdesac and the products they developed for the lotswould not be allowed to be built under the new rules. Another note she wanted to bring up is Item 8a. Porch she noted that they do like to build porches but the requirement says six (6) feet and thatis really way to much for something that an appraiser gives no value for. They don't even put six foot(6') porches on their custom homes. This is why you don't see covered porches on homes muchanymore. She also noted she has a problem with the 10 lot block rule. Kurt Cameron, Cameron Classic Homes and Parkbrook Homes, P.O. Box 92335, Southlake, TX 76092. He was going to ask if the proposed changes were an effort to circumvent the new laws inHB 2439 and that was answered in the presentation by staff. Do any of these proposed regulationsconflict in any way with HB 2459? He noted his concerns regarding any possible conflicts in notallowing materials that are directly allowed by the building code. He was concerned if there was anyadditional construction costs to builders because of these changes. He noted the garage not beingable to extend in front of the home was a big concern in cost and is an issue with his homes, thatevery single home he has, the garage extends in front of the home. Also, affect of future sales and ifa study was made on the economic impact and how these changes will affect that. Has the staff hadthe opportunity to research regarding any pending litigation in other cities? He mentioned themasonry requirements and noted that there were not mentions of Hardie Board and it is a masonryproduct, that approved products can not be restricted. He reiterated that the garage issue was aconcern. The six foot (6') porch depth is not realistic; that a four foot (4') porch would be morerealistic. The other items he had concerns with have already been corrected by staff.There being no further citizens approaching the podium to speak, Mayor Muir closed the publichearing at 7:52 p.m. There was discussion between the Mayor, City Council Members, Staff and the Citizens/Builderswho spoke (above) regarding the items of concern brought up during the public hearing. There was also discussion with Lisa Dritschler of McClintock Homes regarding eight lots whichwere already sold/or financed and Ramie Hammonds, Director of Development Services suggestedthat if they applied for permit by tomorrow (10082019) staff will count them before the effectivedate of the ordinance and they would be allowed to be built under the old guidelines, if theengineered plans are submitted within two weeks. Councilmembers were in agreement.The following items were proposed to be changed by staff at the beginning of the meeting:2. Duplex buildings designed to appear as a single unit will have a statement added that anythingpreviously platted as of the effective date of this ordinance would be exempted from thisrequirement. 3. Attached Garage 40% was the maximum allowable garage, and with a three car garage it maybe hard to get the 40% this requirement will be eliminated. So the requirement will be attachedgarages with a minimum of 400 square feet. Any garage facing a public street may not extend infront of house. 8. (m) Window Shutters: delete "hinged" before the word panels (shingles). Not requiring hingedpanels.The following proposed changes were discussed during the meeting (some revisions were made tosome of the items above):3. Any garage facing a public street may not extend more than 10 feet beyond the house front. Council to allow staff to approve a variance on nontypical lots and if staff can not work it out that itwould be presented to City Council for determination.7. Any house elevation shall not be repeated on a group of three lots most directly across the street,nor shall it be repeated on two adjacent lots in either direction on the same side of the street.8.a. Reduce the porch size from the six foot (6') requirement to a four foot (4') requirement.The eight houses noted by Lisa Dritschler of McClintock Homes will be counted under the oldguidelines if submitted within two (2) weeks.Mayor Muir summarized all of the changes discussed and noted that the Council can always bringitems back for changes if necessary. Councilmember Chick commented that he would definitely like to hear feedback on this as itprogresses. It doesn't mean it will be changed. He noted that the intent is that we want to see nicequality homes that people want to live in and that he understands that the builders are running abusiness; but, also wants them to understand that we are trying to build a good community and if wecan meet in the middle, it will work for everybody. Councilmember Clark asked Ms. Hammonds ifshe would do the research on the homes built in the city and come back with an average of how farthe garages sit in front of the house lines. Ms Hammonds noted that she would do the research andget back with Council. A motion was made by Councilmember Barrett to approve Ordinance # 102919 Establishing the"Exterior Facade Design Criteria Manual"; Amending Article 3.2100 "Exterior Construction ofResidential Dwellings", Chapter 3 "Building Regulations", of the Code of Ordinances; and MovingAll Provisions Under Article 3.2100 to "Exterior Facade Design Criteria Manual",to include thefollowing revisions and amendments: 2. Duplex buildings designed to appear as a single unit will have a statement added that anythingpreviously platted as of the effective date of this ordinance would be exempted from thisrequirement. 3. Attached Garage 40% was the maximum allowable garage, and with a three car garage it maybe hard to get the 40% this requirement will be eliminated. So the requirement will be attachedgarages with a minimum of 400 square feet. Any garage facing a public street may not extend more than 10 feet beyond the house front. Councilto allow staff to approve a variance on nontypical lots and if staff can not work it out that it wouldbe presented to City Council for determination.7. Any house elevation shall not be repeated on a group of three lots most directly across the street,nor shall it be repeated on two adjacent lots in either direction on the same side of the street.8. a. Reduce the porch size from the six foot (6') requirement to four foot (4').
8.m. Window Shutters: delete "hinged" before the word panels (shutters). Not requiring hinged
panels.
The motion to approve was seconded by Councilmember Dillon. The motion carried unanimously
(40 vote, Mayor Pro Tem Bilyeu absent).
7.Comprehensive Plan Request for Qualifications with Possible Request for Proposal
Component
Consider, Discuss and Possibly Approve Issuing a Request for Qualifications for Consulting Services
to Update the Comprehensive Plan with a Possible Request for Proposal Component.
Director of Development Services Ramie Hammonds gave a summary. She noted this has been
under discussion for a while. This is being brought before Council to request putting the
Comprehensive Plan out for Request for Qualifications (RFQ) and with a Request for Proposal
(RFP) component. She provided information on the scope and framework of the proposal noting
that it would be a planning tool for the future which would include all of the land use, thoroughfare
plans, park plans, etc, It will look at what we currently have and analyze current conditions and
include a market analysis with visions and goals and will include a downtown component to look at
what we can do to bring more activity and growth to the downtown area. This will also include
strategies on how to implement the plans. She provided and explained the schedule noting it would
hopefully begin early spring. The proposed funding will be allocated between 4A, 4B, and General
Funds (Development Services Department and is currently budgeted at $110,000. It was noted this
request tonight was to initiate the process and get the qualifications and quotes.
A motion was made by Councilmember Barrett to approve issuing a Request for Qualifications for
Consulting Services to Update the Comprehensive Plan with a possible request for Proposal
Component. The motion was seconded by Councilmember Clark. The motion carried unanimously
(40 vote, Mayor Pro Tem Bilyeu absent).
8.INFORMATION ITEMS:
a.Monthly Financial Report
b.Capital Projects Recap August 27, 2019
c.ATMOS Energy Rate Schedules R,C,I, T
ATMOS Energy Rate Schedule Residential, Commercial, Industrial, and Transportation Rates
Effective September 26, 2019.
d.Denco Area 911 District Candidate Appointment
Sue Tejml appointed to the Denco Area 911 Board of Managers.
e.Disbursements 092019
Disbursements for the City of Sanger for September 2019.
There was no discussion regarding information items.
Page 6
CITY OF SANGER, TEXASMINUTES: REGULAR CITY COUNCIL MEETINGMonday, October 7, 2019 7:00 PM502 Elm Street, Sanger, TexasCOUNCIL MEMBERS PRESENT:Mayor Thomas Muir; Councilmember Marissa Barrett; Councilmember Dennis Dillon;Councilmember David Clark; Councilmember Allen Chick. COUNCIL MEMBERS ABSENT:Mayor Pro Tem Gary Bilyeu.STAFF MEMBERS PRESENT:City Manager Alina Ciocan; City Secretary Cheryl Price; Finance Director Clayton Gray; CityEngineer Tracy LaPiene; Director of Development Services Ramie Hammonds; Planner MuzaibRiaz; Police Officer Josh Bishop. 1.Call Meeting to Order, Invocation, Pledge of Allegiance.There being a quorum present, the October 7, 2019 Regular City Council Meeting was called toorder by Mayor Muir at 7:00 p.m. The Invocation was given by Allen Chick and the Pledge ofAllegiance was led by Councilmember Barrett. 2.CITIZEN INPUT:Mark Kerr, 1114 N. Stemmons, Sanger, (Marky's dry cleaning business), was recognized. Henoted that a water leak caused his bill to be very high during the months of June through September. He noted he had a plumber come out identify it and repair it. He requested a utility adjustment fromthe City and received it; however, on the next statement, the bill was still high and the fix happenedafter the meter was read so he waited until next month and the bill was still very large. They foundthe second leak which was more significant and the plumber did not spot it and it was fixed. He thenspoke with utility billing again and they advised that they only provide an adjustment for a two monthbilling cycle twice a year. He requested an exception to this rule. Mr. Kerr said his bill is normallyabout $4,000 and it was over $13,000. He hoped that staff would reconsider his request foradjustment. 3.CONSENT AGENDA:a.Approval of Minutes1.City Council Work Session Minutes 09162019Approval of Minutes for the City Council Work Session on September 16, 2019. 2.City Council Regular Meeting Minutes 9162019Approval of the Regular City Council Agenda Minutes for September 16, 2019. b.Resolution #101419 Closing a Bank AccountApproval of Resolution #101419 Authorizing the Closure of a Bank AccountA motion was made by Councilmember Barrett to approve the Consent Agenda as presented. Themotion was seconded by Councilmember Dillon. The motion carried unanimously (40, Mayor ProTem Bilyeu absent). 4.Consider Any Items Removed from Consent Agenda.No items were removed for the Consent Agenda.REGULAR AGENDA5.Ordinance 103119 Amending Utility Billing ProceduresConsider, Discuss and Act on Ordinance #103119 Amending the Code of Ordinances, Chapter13 "Utilities", Article 13.1600 "Utility Billing Procedures"; Providing for the Repeal of All Ordinancesin Conflict; Providing for a Severability Clause; and Providing for an Effective Date.Finance Director Clayton Gray summarized. He noted that he brought this presentation to the CityCouncil a few weeks ago and this ordinance is in preparation of the change to split the billing cycles. The current proposal is to split the billing cycles with the dividing line at the railroad tracks. Theordinance does not call out specific calendar days but specifies the number of days from the billingdate. This ordinance would also allow for future additional splitting of billing cycles, as developmentoccurs, and it becomes necessary. Mr. Gray noted that we are probably looking at starting thischange around January 1st and will provide several venues of notification to affected residents. Thischange will provide better service without adding to staff levels. There was brief discussion regardingthe division of the billing cycles and how the information would be provided to the public.A motion was made by Councilmember Chick to approve Ordinance #103119 Amending theCode of Ordinances, Chapter 13 "Utilities", Article 13.1600 "Utility Billing Procedures"; providingfor the repeal of all ordinances in conflict; Providing for a severability clause; and providing for aneffective date. The motion was seconded by Councilmember Barrett. The motion carriedunanimously (40, Mayor Pro Tem Bilyeu absent).6.Exterior Facade Design CriteriaConduct a Public Hearing and Consider, Discuss, and Act on Ordinance # 102919 Establishingthe "Exterior Facade Design Criteria Manual"; Amending Article 3.2100 "Exterior Construction ofResidential Dwellings", Chapter 3 "Building Regulations", of the Code of Ordinances; and MovingAll Provisions Under Article 3.2100 to "Exterior Facade Design Criteria Manual".Mayor Muir read the agenda summary and opened the public hearing at 7:12 p.m. Director ofDevelopment Services Ramie Hammonds was recognized to provide a summary. As a result ofHouse Bill 2439 staff has been researching requirements with other cities and, what their guidelinesare, and has come up with this proposed design criteria manual She summarized the completedesign criteria manual. Below are the noted changes which came about from feedback to staffbefore public comment: 2. Duplex buildings designed to appear as a single unit will have a statement added that anythingpreviously platted as of the effective date of this ordinance would be exempted from thisrequirement. 3. Attached Garage 40% was the maximum allowable garage, and with a three car garage it maybe hard to get the 40% this requirement will be eliminated. So the requirement will now be:attached garages with a minimum of 400 square feet. Any garage facing a public street may notextend in front of house. 8. (m) Window Shutters: delete "hinged" before the word panels. Not requiring hinged panels.A summary was provided of the point system which is basically a requirement of what we alreadyhave in the Central Core area of Sanger. Multifamily and amenity requirements and, nonresidentialrequirements covered in the manual were summarized. She reiterated that staff looked atseveral other city requirements and did a lot of research. Staff did not want to be out of line withwhat other cities were doing or be so restrictive that it is difficult for builders; however, wanted tohave enough design to still have quality development in Sanger. Mayor Muir noted this is a public hearing and solicited anyone who wished to speak on this item. Henoted he has been provided citizen input forms from some of the citizens who wished to speak:Lisa Dritschler, McClintock Homes, 100 N. Highland, Sanger, Texas was recognized. She notedthat she is grateful for the changes that staff has made and discussed them earlier in the day withRamie Hammonds. She indicated that she was happy with the changes that staff made to the designcriteria but would like to see a few more changes which would affect the homes they are buildingright now, mostly in Sable Creek. She noted a big concern: Item 3. Garages facing a public streetmay not extend beyond the house front. She stated this eliminates their entire plan mix and thehouses they currently have under construction do not comply. She provided pictures of some of theirhome elevations and noted that they would not comply. She noted they only have one plan thatwould comply. She noted that she felt this would be a hardship for them with lots already plattedand model homes already constructed. She noted that she has 10 houses right now that havefinancing but they have not submitted a permit because they are waiting on engineering, etc. What isbeing proposed will eliminate their product line. Ms. Dritschler noted also of concern is, Item 7regarding the house elevation shall not be repeated with in any ten (10) lot groupings. She requestedif there was any way to move it to a six (6) lot block, that every third house can not be the same. Also item 8 d, the offsets to the Front Facade: There are already front and side building setbacksand with lots already on the ground, with a 10 foot offset the building pads are not set for that. Shenoted she would like to see a one foot setback. This is a hard one to get points for on the smallerlots. She reiterated the biggest issue is the garage not extending beyond the house front and wouldlike to see if something can be worked out with this issue.Matt Hackley, 3292 Hinton Road, Nacona Texas with Impression Homes, Sanger Circle 6 wasrecognized. He noted that they do not like to build in cities where it is too hard to do business andgave examples. He stated that the 10 lot block is a real problem, it gets too complicated. He alsonoted the garage not extending in front of the home also complicates things. He stated they love ithere but if it is burdened too much they will just pull out. Carolyn Cashion, Builder Ultra Homes, 6640 Blackjack Oaks, Aubrey, Texas. She noted that shealso appreciated the changes that staff is proposing but would like to see a few more changes. Sheprovided some elevations of their homes and noted that all of them would not be allowed to be builtwith the garage not being able to extend in front of the home. She also noted that they have boughtsome lots that are problem lots within a culdesac and the products they developed for the lotswould not be allowed to be built under the new rules. Another note she wanted to bring up is Item 8a. Porch she noted that they do like to build porches but the requirement says six (6) feet and thatis really way to much for something that an appraiser gives no value for. They don't even put six foot(6') porches on their custom homes. This is why you don't see covered porches on homes muchanymore. She also noted she has a problem with the 10 lot block rule. Kurt Cameron, Cameron Classic Homes and Parkbrook Homes, P.O. Box 92335, Southlake, TX 76092. He was going to ask if the proposed changes were an effort to circumvent the new laws inHB 2439 and that was answered in the presentation by staff. Do any of these proposed regulationsconflict in any way with HB 2459? He noted his concerns regarding any possible conflicts in notallowing materials that are directly allowed by the building code. He was concerned if there was anyadditional construction costs to builders because of these changes. He noted the garage not beingable to extend in front of the home was a big concern in cost and is an issue with his homes, thatevery single home he has, the garage extends in front of the home. Also, affect of future sales and ifa study was made on the economic impact and how these changes will affect that. Has the staff hadthe opportunity to research regarding any pending litigation in other cities? He mentioned themasonry requirements and noted that there were not mentions of Hardie Board and it is a masonryproduct, that approved products can not be restricted. He reiterated that the garage issue was aconcern. The six foot (6') porch depth is not realistic; that a four foot (4') porch would be morerealistic. The other items he had concerns with have already been corrected by staff.There being no further citizens approaching the podium to speak, Mayor Muir closed the publichearing at 7:52 p.m. There was discussion between the Mayor, City Council Members, Staff and the Citizens/Builderswho spoke (above) regarding the items of concern brought up during the public hearing. There was also discussion with Lisa Dritschler of McClintock Homes regarding eight lots whichwere already sold/or financed and Ramie Hammonds, Director of Development Services suggestedthat if they applied for permit by tomorrow (10082019) staff will count them before the effectivedate of the ordinance and they would be allowed to be built under the old guidelines, if theengineered plans are submitted within two weeks. Councilmembers were in agreement.The following items were proposed to be changed by staff at the beginning of the meeting:2. Duplex buildings designed to appear as a single unit will have a statement added that anythingpreviously platted as of the effective date of this ordinance would be exempted from thisrequirement. 3. Attached Garage 40% was the maximum allowable garage, and with a three car garage it maybe hard to get the 40% this requirement will be eliminated. So the requirement will be attachedgarages with a minimum of 400 square feet. Any garage facing a public street may not extend infront of house. 8. (m) Window Shutters: delete "hinged" before the word panels (shingles). Not requiring hingedpanels.The following proposed changes were discussed during the meeting (some revisions were made tosome of the items above):3. Any garage facing a public street may not extend more than 10 feet beyond the house front. Council to allow staff to approve a variance on nontypical lots and if staff can not work it out that itwould be presented to City Council for determination.7. Any house elevation shall not be repeated on a group of three lots most directly across the street,nor shall it be repeated on two adjacent lots in either direction on the same side of the street.8.a. Reduce the porch size from the six foot (6') requirement to a four foot (4') requirement.The eight houses noted by Lisa Dritschler of McClintock Homes will be counted under the oldguidelines if submitted within two (2) weeks.Mayor Muir summarized all of the changes discussed and noted that the Council can always bringitems back for changes if necessary. Councilmember Chick commented that he would definitely like to hear feedback on this as itprogresses. It doesn't mean it will be changed. He noted that the intent is that we want to see nicequality homes that people want to live in and that he understands that the builders are running abusiness; but, also wants them to understand that we are trying to build a good community and if wecan meet in the middle, it will work for everybody. Councilmember Clark asked Ms. Hammonds ifshe would do the research on the homes built in the city and come back with an average of how farthe garages sit in front of the house lines. Ms Hammonds noted that she would do the research andget back with Council. A motion was made by Councilmember Barrett to approve Ordinance # 102919 Establishing the"Exterior Facade Design Criteria Manual"; Amending Article 3.2100 "Exterior Construction ofResidential Dwellings", Chapter 3 "Building Regulations", of the Code of Ordinances; and MovingAll Provisions Under Article 3.2100 to "Exterior Facade Design Criteria Manual",to include thefollowing revisions and amendments: 2. Duplex buildings designed to appear as a single unit will have a statement added that anythingpreviously platted as of the effective date of this ordinance would be exempted from thisrequirement. 3. Attached Garage 40% was the maximum allowable garage, and with a three car garage it maybe hard to get the 40% this requirement will be eliminated. So the requirement will be attachedgarages with a minimum of 400 square feet. Any garage facing a public street may not extend more than 10 feet beyond the house front. Councilto allow staff to approve a variance on nontypical lots and if staff can not work it out that it wouldbe presented to City Council for determination.7. Any house elevation shall not be repeated on a group of three lots most directly across the street,nor shall it be repeated on two adjacent lots in either direction on the same side of the street.8. a. Reduce the porch size from the six foot (6') requirement to four foot (4').8.m. Window Shutters: delete "hinged" before the word panels (shutters). Not requiring hingedpanels.The motion to approve was seconded by Councilmember Dillon. The motion carried unanimously(40 vote, Mayor Pro Tem Bilyeu absent). 7.Comprehensive Plan Request for Qualifications with Possible Request for ProposalComponentConsider, Discuss and Possibly Approve Issuing a Request for Qualifications for Consulting Servicesto Update the Comprehensive Plan with a Possible Request for Proposal Component. Director of Development Services Ramie Hammonds gave a summary. She noted this has beenunder discussion for a while. This is being brought before Council to request putting theComprehensive Plan out for Request for Qualifications (RFQ) and with a Request for Proposal(RFP) component. She provided information on the scope and framework of the proposal notingthat it would be a planning tool for the future which would include all of the land use, thoroughfareplans, park plans, etc, It will look at what we currently have and analyze current conditions and include a market analysis with visions and goals and will include a downtown component to look atwhat we can do to bring more activity and growth to the downtown area. This will also includestrategies on how to implement the plans. She provided and explained the schedule noting it wouldhopefully begin early spring. The proposed funding will be allocated between 4A, 4B, and GeneralFunds (Development Services Department and is currently budgeted at $110,000. It was noted thisrequest tonight was to initiate the process and get the qualifications and quotes. A motion was made by Councilmember Barrett to approve issuing a Request for Qualifications forConsulting Services to Update the Comprehensive Plan with a possible request for ProposalComponent. The motion was seconded by Councilmember Clark. The motion carried unanimously(40 vote, Mayor Pro Tem Bilyeu absent).8.INFORMATION ITEMS:a.Monthly Financial Reportb.Capital Projects Recap August 27, 2019c.ATMOS Energy Rate Schedules R,C,I, TATMOS Energy Rate Schedule Residential, Commercial, Industrial, and Transportation Rates Effective September 26, 2019.d.Denco Area 911 District Candidate AppointmentSue Tejml appointed to the Denco Area 911 Board of Managers.e.Disbursements 092019Disbursements for the City of Sanger for September 2019.
There was no discussion regarding information items.
9.FUTURE AGENDA ITEMS:
There were no future agenda items discussed.
10.ADJOURN.
There being no further agenda items for discussion Mayor Muir adjourned the meeting at 8:43 p.m.
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