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05/02/2011-CC-Agenda Packet-RegularAGENDA CITY COUNCIL MONDAY, MAY 29 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: April 18, 2011 -Council Work Session April 18, 2011 "Council Meeting b) Disbursements 4. Consider any Items Removed From Consent Agenda. REGULAR AGENDA . Conduct Public Hearing on an Amendment to the Official Zoning Map to Rezone From A - Agricultural District to I4 Industrial District, a 20 Acre Portion of a Property Legally Described as Tract 53 of the John Morton Survey, Abstract 792, Located on the South Side of Union Hill Road, Approximately 1,164 Feet West of the Intersection of Union Hill Road and FM 455. 6. Consider, Discuss and Possibly Act on Approving Ordinance #05-24-11 -Amendment to the Official Zoning Map to Rezone From A - Agricultural District to I4 Industrial District, a 20 Acre Portion of a Property Legally Described as Tract 53 of the John Morton Survey, Abstract 792, Located on the South Side of Union Hill Road, Approximately 1,164 Feet West of the Intersection of Union Hill Road and FM 455. 7. Conduct the Second and Final Public Hearing on the Need to Continue, Abolish or Modify the City of Sanger Juvenile Curfew Ordinance. 8. Consider, Discuss and Possibly Act on Continuing, Abolishing or Modifying the City of Sanger Juvenile Curfew Ordinance. 9. INFORMATION ITEMS a) ATMOS Rider GCR-Rate Filing Under Docket # 9762 10. 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 ublic t all times, and s} notice was posted on the following date and time: ,t S4,A O _.m. and shall remain posted until meeting is adjourn d. OS`,N% ,i Tami Taber, City Secretary City of Sanger, Texas This facility is wheelchair accessible, and'accessrl le packing spaces are available. Requests for accommodations or interpretive services must be mad 148 1%iu�s �RROo this meeting. Please contact the City Secretary's office at (940) 4584930 for further information. ��" MINUTES: CITY COUNCIL WORK SESSION April 18, 2011 PRESENT: Mayor Thomas Muir, Councilwoman Marjory Johnson, Councilman Russell Martin, Councilman Gary Bilyeu and Councilman Andy Garza ABSENT: Councilman Rusty Patton OTHERS PRESENT: Mike Brice City Manager, Tami Taber City Secretary and Kelli Alexander 1. Call Meeting to Order. Mayor Muir called the meeting to order. 2. Discussion on Water and Wastewater Impact Fees. City Manager discussed impact fees and had a handout comparing the costs of Sanger to what the City of Little Elm charges. He also discussed what other cities are charging. 3. Discussion on Future Capital Projects and Priorities. City Manager discussed where he would like to extend water and wastewater lines. The water lines would need to go down Lois Road and back up service to Belz Road. The wastewater lines would need to extend north of FM 455. 4. Discussion on Updating the Retail Marketing Plan. In 2006/2007, the Buxton group performed a retail study. City Manager has been in contact with a company called the Retail Coach. This company checks to see where customers are actually coming from by zip code. They've recently done a similar study for the City of Watauga. City Manager will contact the Retail Coach to have them come do a presentation. City Manager said there is a need for a new grocery store and has met with the owner of two parcels to see if they would be interested in selling. No price was discussed at that time. 5. Overview of Items on Regular Agenda. 6. Adjournment. Mayor Muir adjourned the meeting. MINUTES: CITY COUNCIL MEETING April 18, 2011 PRESENT: Mayor Thomas Muir, Councilwoman Marjory Johnson, Councilman Russell Martin, Councilman Gary Bilyeu and Councilman Andy Garza ABSENT: Councilman Rusty Patton OTHERS PRESENT: Mike Brice City Manager, Tami Taber City Secretary, Kelli Alexander, Sam Alexander, Dorothy Nubine, Ruby Davis, Scott Stephens and Leonard Dodson 1. Call Meeting to Order, Invocation, Pledge of Allegiance. Mayor Muir called the meeting to order at 7:02 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). Dorothy Nubine spoke about the creek by her yard and the concrete blocks that were put there years ago. Kelli Alexander spoke about animal control. Leonard Dodson spoke about animal control. Sam Alexander spoke about animal control. CONSENT AGENDA 3. a) Approval of Minutes: April 4, 2011 -City Council Meeting b) Disbursements Councilman Garza made a motion to approve. Seconded by Councilman Martin. Motion carried unanimously. 4. Consider any Items Removed from Consent Agenda, None. REGULAR AGENDA 5. Discuss, Consider and Possibly Act on Approving Rate Change for Medical Billing. Councilwoman Johnson made a motion to approve. Seconded by Councilman Bilyeu. Vote was 3-1, with Councilman Garza voting against. 6. Conduct the First of Two Public Hearings on the Need to Continue, Abolish or Modify the City of Sanger Juvenile Curfew Ordinance. Mayor Muir opened the Public Hearing. No one spoke for or against. Mayor Muir closed the Public Hearing. 7. Discuss, Consider and Possibly Act on Appointing the Following to Open Board Positions: 4A -John Jacobs Animal Advisory Board -Robert Sprabeary Keep Sanger Beautiful - Tricia Nelson-Sprabeary Councilman Bilyeu made a motion to approve. Seconded by Councilman Garza. Motion carried unanimously. 8. INFORMATION ITEMS: a) Investment Report b) Library Report for March c) Animal Control Report for March d) Letter From ATMOS Energy 9 Adjourn. Mayor Muir adjourned the meeting. 4/14/2011 1:44 PM A / P CHECK REGISTER PACKET: 04132 Regular Payments VENDOR SET: 99 DANK POOL POOLED CASH ACCOUNT CHECK CHECK VENDOR NAME / I.D. DESC TYPE DATE 01550 ATMOS I-201104124119 3/2 - 4/1 R 4/14/2011 00600 CITY OF SANGER I-201104144127 2/14 - 3/16 R 4/14/2011 05510 IESI 1-201104144126 MARCH 2O11 R 4/14/2011 02580 TEXAS WORKFORCE COMMISSION I-201104144125 TEXAS WORKFORCE CO144ISSIOtd R 4/14/2011 TOTAL ERRORS: 0 CHECK DISCOUNT AMOUNT NO# 9L87CR 096386 PAGE: I CHECK AMOUtdT 26,715.85CR 096369 26,715.85 45,661.68CR 096390 45,661.68 9,170.14CR 046391 9,170.19 * * T 0 T A L S * * NO# DISCOUNTS CHECK AMT TOTAL APPLIED REGULAR CHECKS: 4 0.00 76,639.54 76,639454 HANDWRITTEN CHECKS: 0 0.00 0.00 0.00 PRE -WRITE CHECKS: 0 0.00 0.00 0.00 DRAFTS: 0 0.00 0.00 0.00 VOID CHECKS: 0 0.00 0.00 0.00 NON CHECKS: 0 0.00 0.00 0.00 CORRECTIONS: 0 0.00 0.00 0.00 REGISTER TOTALS: 4 0.00 76,639.54 76,639.54 TOTAL WARNINGS: 0 4/20/2011 11:30 AM A / P CHECK REGISTER PAGE: 1 PACKET: 04157 Regular Payments VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK CHECK CHECK VENDOR NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NO* AMOUNT 08380 AMERICAN ASSOC OF NOTARIE I-201104194141 NOTARY STAMP - TABER R 4/20/2011 21.90CR 046516 21.90 18100 AMERICAN MUNICIPAL SERVICES I-7964 BAD DEBT COLLECTION R 4/20/2011 320.49CR 046517 1-7965 MARCH WARRANT COLLECTION R 4/20/2011 630o6lCR 046517 951.10 23170 BEACON ATHLETICS I-201104194144 FIELD MAINTENANCE R 4/20/2011 99.00CR 046518 99.00 22930 DEBRA BENSON I-201104204149 POSTAGE R 4/20/2011 2.89CR 046519 2.89 22300 CARD SERVICE CENTER C-201104204162 ITRON TRAINING R 4/20/2011 200.00 046520 I-201104194140 FLIGHT TO SAN ANTONIO R 4/20/2011 338.2OCR 046520 I-201104204150 OFFICE SUPPLIES R 4/20/2011 18.20CR 046520 I-201104204151 ORGANIZATIONAL BEHAVIOR R 4/20/2011 19.89CR 046520 I-201104204152 TX FLOODPLAIN MGMT R 4/20/2011 230.00CR 046520 I-201104204153 POST ITS,MOUSE,FLASHDRIVE R 4/20/2011 66.00CR 046520 I-201104204159 SUPPLIES STORYTIME/GAMEDA R 4/20/2011 129.84CR 046520 I-201104204160 TFMA CONFERENCE 4/2011 R 4/20/2011 340.08CR 046520 I-201104204161 COPY COLOR MAPS R 4/20/2011 45.00CR 046520 987.21 06240 CASCADE FIRE EQUIPMENT I-35871 FOAM,GOGGLES,TORCH R 4/20/2011 460o80CR 046521 460.80 08770 CPI OFFICE PRODUCTS C-201104204148 CPI OFFICE PRODUCTS R 4/20/2011 11.33 046522 I-2832008/2830612 OFFICE SUPPLIES R 4/20/2011 365.77CR 046522 354.44 11570 CULLIGAN I-07927917 2/1 2/8 WATER SERVICE R 4/20/2011 38.50CR 046523 38.50 00860 DENTON TROPHY HOUSE I-5105 2X8 NAMEPLATES R 4/20/2011 32.00CR 046524 32.00 08190 DISPLAY SALES I-0078811 ZIP TIES, STEEL BANDS R 4/20/2011 205.00CR 046525 205.00 20980 EXPRESS SERVICES, INC. I-99423229-6 MOORE 4/03/11 R 4/20/2011 286.00CR 046526 I-99443274-8 MOORE 4/10/11 R 4/20/2011 468600CR 046526 754.00 4/20/2011 11:30 AM A / P CHECK REGISTER PAGE: 2 PACKET: 04157 Regular Payments VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK CHECK CHECK VENDOR NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NOi{ AMOUNT 22570 KATIE GRIFFIN I-201104194142 MEALS & MILEAGE R 4/20/2011 68.36CR 046527 6B.36 20220 INGRAM I-58396114 BOOKS R 4/20/2011 31.87CR 046528 31.87 03240 LAW ENFORCEMENT SYSTEMS I-170407 500 WARNING TICKET R 4/20/2011 81.000R 046529 81.00 03920 STEVE LEHOTSKY I-201104194139 MEALS 4/27 - 4/29 R 4/20/2011 37.50CR 046530 37.50 04850 MICRO MARKETING ASSOC.LLC I-391830 7 AUDIO BOOKS R 4/20/2011 29.99CR 046531 29.99 08690 O'REILLY AUTO PARTS I-293260 BATTERY & INSERT R 4/20/2011 182.99CR 046532 I-293363 BATTERY & INSERT R 4/20/2011 8.58CR 046532 191.57 02970 OFFICE DEPOT I-557761092001 INK R 4/20/2011 162.37CR 046533 162.37 380 R & T MECHANICAL I-19327 A/C REPAIR R 4/20/2011 195.000R 046534 195.00 10800 RDJ SPECIALTIES, INC I-016631 PUB ED R 4/20/2011 333.19CR 046535 333.19 09550 SOUTHWEST CHEMICAL, I NC, I-91452 150LBS CHLORINE R 4/20/2011 lf530vO0CR 046536 1,530.00 18620 STERICYCLE I-400248 BIO PICK-UP R 4/20/2011 78.5OCR 046537 I-4002499704 BIO PICK-UP R 4/20/2011 23.27CR 046537 101.77 02690 TECHLINE, INC. I-1448545-00 # 2 ACSR PRIMARY OH R 4/20/2011 872.90CR 046538 I-1448700-00 H-TAP CONNECTORS R 4/20/2011 35.000R 046538 907.90 23050 TEXAS TRUXX OUTFITTERS I-7887 SEAT COVERS R 4/20/2011 330.000R 046539 330.00 PAGE: 1 4/18/2011 11:22 AM A / P CHECK REGISTER PACKET: 04137 Regular Payments VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT _ VENDOR NAME / I.D. DESC 15890 ALL AMERICAN SURVEYING I-13976 BOLIVAR-STH, 1-35-ELM ALTEC ALTEC INDUSTRIES, INC I-9743656 AUGER 22" 00270 ANIMAL HOSPITAL ON MILAM RD, P,C, I-125672 VET SERVICE 12680 BAILEY ENVIRONMENTAL, CORP I-201104154131 HEALTH INSPECTIONS 00420 BOUND TREE MEDICAL, LLC I-80564548 2ND QTR SUPPLIES 12760 CINTAS, INC. I-492457716 UNIFOP14S 08880 COOPER'S COPIES I-94013 SIGNS (:. CPI OFFICE PRODUCTS I-2839166-0 RECPT BOOK,PAPER 09220 DENNIS' FARM STORE I-201104184134 WEED KILLER, GARDEN 4 13620 DEVICES & CALIBRATION SERVICES, INC I-11-12591 CALIBRATE FLOW METER 1 DIANE RHODES I-201104124120 DIANE RHODES 4/l/ 19020 EAGLE & WHEELER I-44230 EROSION CONTROL FOP14 I-44530 EROSION CONTROL FOR14 19270 I FAMILY DOLLAR I-106847 COFFEE,CREAb1ER,CUPS 01010 FOSTER'S SADDLE SHOP E I-29626 UNIFORM PANTS I-29699 UNIFORM PANTS CHECK CHECK CHECK CHECK TYPE DATE DISCOUNT AMOUNT N04 AMOUNT R 4/18/2011 885.00CR 046393 885.00 R 4/18/2011 1,997.01CR 046394 1,997.01 R 4/18/2011 516.32CR 046395 516.32 R 4/18/2011 31800.00CR 046396 3,800.00 R 4/18/2011 68.04CR 046397 68.04 R 4/18/2011 66.20CR 046398 66.20 R 4/18/2011 115.00CR 046399 115.00 R 4/18/2011 244.16CR 046400 244.16 R 4/18/2011 11042.00CR 046401 11042,00 R 4/18/2011 350.00CR 046402 350.00 R 4/18/2011 100.00CR 046403 100.00 R 4/18/2011 126.44CR 046404 R 4/18/2011 5.70CR 046404 132.14 R 4/18/2011 99.00CR 046405 99.00 R 4/18/2011 59.90CR 046406 R 4/18/2011 58.00CR 046406 117.90 PAGE: 2 4/18/2011 11:22 AM A / P CHECK REGISTER PACKET: 04137 Regular Payments VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT VENDOR NAME / I.D. DESC 03340 GENE GOHLKE I-06432 ATHLETIC FIELD MARKERS 19480 HUTHER & ASSOCIATES, INC I-34733 WWTP MONTHLY TESTING 05510 IESI I-1200423308 DEC 2010 ROLLOFF 18760 INDIAN CAR WASH I-516904 100 CAR WASH VOUCHERS 20220 INGRAM I-58297562 BOOKS I-58381568 BOOKS 01240 INLAND TRUCK PARTS, INC. I-18-46477 AIR PRESSURE SWITCH 19620 INTERNATIONAL CODE COUNCIL INC. I-201104154132 ELECT INSPECTION lOa,O JOANIE SACKETT R.N. I-201103024002 SANE EXAM # S02151175 16440 MAGAZINE SUBSCRIPTIONS-PTP AUSTIN I-30111 17 SUBSCRIPTIONS 01920 NICHOLS, JACKSON, DILLARD,HAGER & SMITH, LLP I-11030016 MARCH 2O11 LEGAL SERVICE 22730 NOAH'S ARK ANIMAL SHELTER I-201104124118 SHELTER SERVICE 3/8-3/23 19290 RENTAL ONE I-295060-0001 GATORADE 12820 RICOHAMERICAS CORP. I-411916021 MAINT AGREEMENT 4/1-6/30 I-411917957 MAINT AGREEMENT 4/1-6/30 02300 SANGER COURIER: LEMONS NEWSPAPERS, INC. I-13244 SPORTS PAGE, LEGAL AD CHECK CHECK CHECK CHECK TYPE DATE DISCOUNT AMOUNT NO# AMOUNT R 4/18/2011 431.20CR 046407 431.20 R 4/18/2011 460.000R 046408 460.00 R 4/18/2011 675.60CR 046409 675.60 R 4/18/2011 700.000R 046410 700.00 R 4/18/2011 34.37CR 046411 R 4/18/2011 12.69CR 046411 47.06 R 4/18/2011 21.30CR 046412 21.30 R 4/18/2011 110.000R 046'413 110.00 R 4/18/2011 400.000R 046414 400.00 R 4/18/2011 570.72CR 046415 570.72 R 4/18/2011 1,689.75CR 046416 1,689.75 R 4/18/2011 2,460.000R 046417 2/460400 R 4/18/2011 371.20CR 046418 371.20 R 4/18/2011 495.06CR 046419 R 4/18/2011 400.68CR 046419 895.74 R 4/18/2011 380.00CR 046420 380.00 4/18/2011 11:22 AM PACKET: 04137 Regular Payments VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT A / P CHECK REGISTER CHECK CHECK VENDOR NAME / I.D. DESC TYPE DATE 16040 SHOW ME BOOKS I-1790OP4Xll 20 BOOKS R 4/18/2011 17400 PRECIOUS STAFFORD I-041111 4/1 - 4/11 R 4/18/2011 12460 .SUPREME PARTS WASHERS I-S19956 QTRLY SERVICE PARTS WASHE R 4/18/2011 11900 TARRANT COUNTY COLLEGE 1-63827 INTOXILIZER,SOBRIETY TEST R 4/18/2011 02690 TECHLINE, INC. I-1448521-00 INSULATOR,BOLTS,SHOE WEDG R 4/18/2011 I-1448547-00 DEADEND SHOE,GROUND PLT R 4/18/2011 I-1448647-00 FOA14 CARRIERS,CHUTE R 4/18/2011 20830 TEXAS DEPARTMENT OF AGRICULTURE I-201104154130 LICENSE RENEWAL-SCHUBERT R 4/18/2011 05350 TEXAS EXCAVATION SAFETY SYST I-11-2461 MESSAGE FEES 2011/2012 R 4/18/2011 02670 TML - IRP I-201104154129 TML INSURANCE R 4/18/2011 02910 UPPER TRINITY I-W271104 MARCH 2O11 R 4/18/2011 16400 UTA / BUILDING PROFESSIONAL INSTITUTE I-201104184135 REGISTRATION. HENDERSON-DOUTHI R 4/18/2011 21730 UTILITY BACKUP SOLUTIONS I-11113 BACKUP SERVICE R 4/18/2011 21610 4)ITMER PUBLIC SAFETY GROUP, INC I-E810518 5" TO 6" FEMALE INTAKE R 4/18/2011 ** T O T A L S REGULAR CHECKS: HANDWRITTEN CHECKS: PRE -WRITE CHECKS: I j DRAFTS: VOID CHECKS: NON CHECKS: CORRECTIONS: REGISTER TOTALS: TOTAL ERRORS: 0 TOTAL WARNINGS: 0 CHECK DISCOUNT A14OUNT N04 165.000R 046421 330.000R 046922 150.000R 046423 181.000R 046924 705.88CR 046425 355.25CR 046425 1,338.10CR 046425 80.000R 046426 48.95CR 040'927 39,918.95CR 046428 21,119.41CR 046429 430.000R 046930 600.000R 046431 769.89CR 046932 NO$ DISCOUNTS CHECK AC1T TOTAL APPLIED 40 0.00 79,937.27 79,937.27 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 40 0.00 791937.27 791937.27 PAGE: 3 CHECK AMOUNT 165.00 330.00 150.00 2,399.23 80.00 48.95 34,918.95 21,119.41 430.00 600.00 769.89 4/20/2011 11:30 AM A / P CHECK REGISTER PAGE: 3 PACKET: 04157 Regular Payments VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK CHECK CHECK VENDOR NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NO# AMOUNT 03970 TMCCP I-201104194145 MUNICIPAL PERSONNEL MGT R 4/20/2011 225.00CR 046540 225.00 03440 VERMEER EQUIP. OF TEXAS I-F68927 SWITCH & AIR INTAKE ELBOW R 4/20/2011 163.90CR 046541 163.90 07700 JOSHUA VEST 1-201104194138 MEALS 4/21 FORENSIC CONF R 4/20/2011 12.50CR 046542 12.50 17930 ROBERT WOODS I-201104194137 MILEAGE 3/3 & 3/23 R 4/20/2011 56.00CR 046543 56.00 * * T 0 T A L S * * NO# DISCOUNTS CHECK AMT TOTAL APPLIED REGULAR CHECKS: 28 0.00 8,364.76 8,364.76 HANDWRITTEN CHECKS: 0 0.00 0.00 0.00 PRE -WRITE CHECKS: 0 0.00 0.00 0.00 DRAFTS: 0 0.00 0.00 0.00 VOID CHECKS: 0 0.00 0.00 0.00 NON CHECKS: 0 0.00 0.00 0.00 CORRECTIONS: 0 0.00 0.00 0.00 REGISTER TOTALS: 28 0.00 8,364.76 8,364.76 TOTAL ERRORS: 0 TOTAL WARNINGS: 0 AGENDA TYPE Qg Regular ❑ Workshop ❑ Executive Council Meeting Date: May 2, 2011 CITY OF BANGER COUNCIL AGENDA ITEM Special U Consent ❑ Public Hearing City Manager Reviewed/Approval Initials Reviewed by Finance Li es ® Not Applicable Reviewed by Legal ❑ Yes ❑ Not Applicable Submitted By: Joseph D. Iliff, AICP �-- ACTION REQUESTED: ®ORDINANCE OS-24-11 ❑RESOLUTION # ❑APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ OTHER AGENDA CAPTION Conduct a Public Hearing, Consider, Discuss, and Possibly act on a Proposed Amendment to the Official Zoning Map to Rezone From A — Agricultural District to I-1 Industrial District a 20-Acre Portion of a Property Legally Described as Tract 53 of the John Morton Survey, Abstract 792, Located on the South Side of Union Hill Road Approximately 1,164 Feet West of the Intersection of Union Hill Road and FM 455. FINANCIAL SUMMARY ®N/A ❑GRANT FUNDS ❑OPERATING EXPENSE QREVENUE ❑CIP ❑BUDGETED ❑NON -BUDGETED BACKGROUND/SUMMARY OF ITEM The subject property is a 20-acre portion of a larger tract, located on the south side of Union Hill Road, west of the intersection of Union Hill Road and FM 455. The property was annexed into the city limits by the City Council on March 21, 2011 following a petition by the landowner. All property is zoned A — Agricultural District when first annexed into the city limits. The applicant, Denton County, is requesting that the property be rezoned from A — Agricultural District to I-1 Industrial District. The County is proposing to be a road and bridge facility on the site. The proposed design of the facility includes buildings for offices and vehicle maintenance, storage areas for supplies, and asphalt parking for employees. The I4 Industrial District is intended for non -nuisance type wholesale, manufacturing and research land uses. The applicant's proposed use would be permitted within the I4 District. The 2007 Comprehensive Land Use plan designates the area for residential uses. However, many non-residential uses are present along FM 455 and FM 1190 between Union Hill Road and Lake Ray Roberts. The proposed zoning would be compatible with the existing land use conditions. Staff has received one comment in opposition to the proposed map amendment. STAFF OPTIONS &RECOMMENDATION Staff recommends amending the Official Zoning Map to rezone the subject property from A — Agricultural District to I-1 Industrial District. List of Supporting Documents/Exhibits Attached: • Proposed Ordinance 05-2441 • Aerial photo of the subject property • Application and Letter of Intent • Legal Notice from April 7`h Sanger Courier • Notice mailed to owners of nearby properties • List of notified property owners • Zoning Ordinance Sec. 25: I4 Industrial District • E-mailed public comment Prior Action/Review by Council, Boards, Commissions or Other Agencies: On April 25, 2011, the Planning &Zoning Commission conducted a public hearing, and unanimously recommended approval of the proposed amendment to the Official Zoning to rezone from A — Agricultural District to I4 Industrial District. ORDINANCE 03-2441 AN ORDINANCE OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND CENTRAL ZONING MAP, AS HERETOFORE AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM A AGRICULTURAL DISTRICT TO I4 INDUSTRIAL DISTRICT ON PROPERTY LEGALLY DESCRIBED AS A 20-ACRE PORTION OF A PROPERTY LEGALLY DESCRIBED AS TRACT 53 OF THE JOHN MORTON SURVEY, ABSTRACT 7929 LOCATED ON THE SOUTH SIDE OF UNION HILL ROAD APPROXIMATELY 19164 FEET WEST OF THE INTERSECTION OF UNION HILL ROAD AND FM 455; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($29000.00) FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, all Requests for Changes in Zoning Classifications were duly filed with the City of Sanger, Texas, concerning the hereinafter described properties; WHEREAS, due notice of hearings were made in the time and manner prescribed by law and the Planning and Zoning Commission of the City of Sanger, Texas, duly covered and conducted public hearings for the purpose of assessing zoning classification changes on the hereinafter described properties located in the City of Sanger, Texas; and WHEREAS, an additional opportunity for all interested persons to be heard was provided by the City Council of the City of Sanger, Texas, at open meetings, with proper notice posted; Now Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: Section 1 That the legal description of the property zoned herein is generally described as follows: A 20-Acre Portion of a Property Legally Described as Tract 53 of the John Morton Survey, Abstract 792, Located on the South Side of Union Hill Road Approximately 1,164 Feet West of the Intersection of Union Hill Road and FM 455, further described in Exhibit A, attached Section 2 The zoning classification on the herein above described property is hereby changed from A Agricultural District to I-1 Industrial District. Section 3 All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. Section 4 It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, phrases 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 5 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 an amount not to exceed the sum of two thousand dollars ($2,000.00) for each offense, and each and every day such offense shall continue shall be deemed to constitute a separate offense. Section 6 This ordinance will take effect immediately from and after its passage and the publication of the caption, as the law and Charter in such cases provide. DULY PASSED, APPROVED AND ADOPTED by the City Council of the City of Sanger, Texas, on this 2nd day of May, 2011. APPROVED: Mayor Thomas Muir ATTEST: Tami Taber, City Secretary ORDINANCE 05-2441 EXHIBIT "A" BEING A 20,000 ACRE TRACT OF LAND SITUATED IN THE JOHN MORTON SURVEY, ABSTRACT NUMBER 792, DENTON COUNTY, TEXAS AND BEING A PORTION OF THAT CERTAIN 125.344 ACRE TRACT OF LAND DESCRIBED IN DEED TO HUGH Z. PRUETT AND SANDRA B, PRUETT AS RECORDED IN DOCUMENT NUMBER 2010-56178 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS. SAID 20.000 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at a V2 Inch Iron rod found for the southwest corner of said 125.344 acre tract, also being the northwest corner of that certain tract of land described in deed to Lloyd Melvin Lines and Mary Ellen Lines, as recorded In Document Number 1993-10537 of said Real Property Records, also lying in the east line of that certain tract of',and described in deed to The Miller Family Trust, as recorded in Document Number 1994.89291 of said Real Property Records, and in the common east line of the Reuben Bebee Survey, Abstract Number 29, and the west line of said John Morton Survey, -from which a 1 /2 inch capped Iron rod found stamped °Metroplex 1849" bears S 890 29' 15" E, a distance of 2202053 feet, [record is S 890 26' 54" E - 2205.58 feet], being the southeast corner of the said 125,344 acre tract; THENCE N 00° 28' S6" E, along the west line of said 125.344 acre tract, the east line of said Miller Family Trust tract, and said common survey fine, along and near a fence, a distance of 1505.22 feet to a 5/8 inch capped iron rod set and stamped "TNP" for the POINT OF BEGINNING of the herein described tract; THENCE N 000 28' 56" E, continuing along said line, a distance of 080.22 feet to 5/8 inch capped iron rod set and stamped "TNP", beside a dilapidated wooden fence post, lying In the south line of Union Hill Road, a variable width right-ol-way, for the northwest corner hereof; THENCE N 890 34' 38" E, along the north line of said 125.344 acre tract, the south line of said Union Hill Road, along and near a fence, a distance of 888.89 feet to a 5/8 inch capped Iron rod set and stamped "TNP" for the northeast corner hereof, from which a concrete right-of-way monument found bears N 890 34' 38" E, a distance of 1164.036feet, being the most northerly northeast corner of said 125;344 acre traot THENCE S 000 28' 66" W, departing said north line, and the south line of said Union Hill Road, over and across said 125,344 acre tract, a distance of 980.22 feet to a 5/8 inch capped Iron rod set and stamped "TNP" for the southeast corner hereof, THENCE S 89° 34' 38" W, continuing over and across said 125.344 acre tract, a distanoe of 888.89 feet to the POINT OF BEGINNING, and containing 20,000 acres of land more or less. ANNEXATION RESOLUTION —Union Hill Road Property Page 3 of 4 0 -w7l I *'I *A CITY OF SANGER ZONING CHANGE/SUP APPLICATION 0 Zoning Change 0 Specific Use Permit APPLICANT OWNER (if different from applicant) NAME NAME ) e , l 12?6w rn QooLj lvelpem COMPANY COMP//A 1 G� )z n �Cs:J 4 1)61 ' J /r! ADDRESS E 0 Krh,�e s1` 7 S —110 ADDRESS �cs� S� l�lvo< CITY STATE ZIP CITY STATE ZIP Pen rt)l, rX 7 ?0 `L �O PHONE v'3 ly�- 3a M PHONE - O - a 4s zo FAX F X C��`� 3�� a �`t (q o E-MAIL E-MAIL be)inef� Describe the subject property (address, location, size, etc.): Describe the proposed zoning change or Specific Use Permit (SUP): r,^ MA Submittal Checklist Letter of Intent Site Plan (for Specific Use Permits only) Application Fee (check payable to City of Sanger) I certify that I am the legal owner of the above referenced property and that to the best of my knowledge this is a true description of the property upon which I have requested the above checked action. I designate the applicant listed as my representative. OWNER%S SIGNATURE & S MATURE &DATE OFFICE USE Fee: Date: City of Sanger Department of Development Services (940) 458-2059 (phone) P.O. Box 1729 201 Bolivar St Sanger, TX 76266 (940) 458-4072 (fax) www.sangertexas.org TIEI(lE STATE OF TEXAS § COUNTY OF DENTON § I lid` f"I �,r�}I f I IF��`•AIMUMIRM - �-I I • • •1 11 1 1• - • governing body of Denton County, Texas, a duly organized political subdivision of the State of Texas, engaged in the administration of county government and related services for the citizens of Denton County, Texas, hereinafter "the County." This resolution is directed to the City of Sanger, Texas, a corporate and political body duly organized and existing under the laws of the State of Texas, engaged in the administration of municipal government and related services for the citizens of the City of Sanger, Texas, hereinafter "the City." WlE�E)E�AS, the County owns a parcel of real property, consisting of approximately 20 acres of land on Union Hill Road, described in attached Exhibit "A," which shall hereinafter be known as "the Annexation Area;" and W"EID-VAS, the Annexation Area is currently in an unincorporated part of the County and within the extraterritorial jurisdiction of the City; and Annexation of real property; and WHEREAS, by approval of this Resoliltion, the County re�r�ests annexation of the Annexation Area by the City; and WHEREAS, the County agrees and consents to annexation of the Annexation Area by the City and the County pledges to fully support the best efforts of the City to commence and complete the annexation of the Annexation Area in a timely and efficient manner; and Court agrees and consents to the annexation by the City of Sanger of the Annexation Area, described in attached Exhibit "A." The County hereby requests that the City annex the Annexation Area into the municipal limits of the City in a timely and efficient manner and the County pledges full cooperation with the City in the annexation of the Annexation Area. ANNEXATION RESOLUTION —Union Hill Road Property Page i of 4 y Executed this _ day of , 201 L Ill'E TO17 COUNTY, TEXAS 110 West Hickory Denton, Texas 76201 Honorable Mary Hor Denton County Judge Acting by and on behalf of the authority the Denton County Commissioners Court ATTEST: By: Den APPROVED AS TO FORM: By: Assi ,*-�EXAs�o,. M.. � o i !6 / :� h •5 fee c. ��BIlfflltS1119�SS ANNEXATION RESOLUTION —Union Hill Road Property Page 2 of 4 EXHIBIT "A" BEING A 20.000 ACRE TRACT OF LAND SITUATED IN THE JOHN MORTON SURVEY, ABSTRACT NUMBER 792, DENTON COUNTY, TEXAS AND BEING A PORTION OF THAT CERTAIN 125,344 ACRE TRACT OF LAND DESCRIBED IN DEED TO HUGH Z. PRUETT AND SANDRA B, PRUETT AS RECORDED IN DOCUMENT NUMBER 2010-56178 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS. SAID 20,000 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS. COMMENCING at a 1/2 Inch Iron rod found for the southwest corner of said 125.344 acre tract, also being the northwest corner of that certain tract of land described in deed to Lloyd Melvin Lines and Mary Ellen Lines, as recorded In Document Number 1993-10537 Of said Real Property Records, also lying in the east line of that certain tact of land described in deed to The Miller Family Trust, as recorded in nocument Number 1994.89291 of said Real Property Records, and in the common east line of the Reuben Bebee Survey, Abstract Number 29, and the west line of said John Motion Survey, from which a 1/2 inch capped Iron rod found stamped "Metroplex 1849" bears S 89° 29' 15" E, a distance of 2202.53 feet, [rd'cord is S 890 26' 54" E - 2205468 feet], being the southeast corner of the said 125,344 acre tract; TFfENCE N 00° 28' S6" E, along the west line of said 125.344 sore tract, the east tine of said futiller Family Trust tract, and said common survey line, along and near a fence, a distance of 1505.22 feet to a 5/8 inch capped iron rod set and stamped "TNP" for the POINT OF BEGINNING of the herein described tract; THENCE N 000 28' 56" E, continuing along said line, a distance of 980,22 feet to 5/8 inch capped iron rod set and stamped "TNP", beside a dilapidated wooden fence post, lying In the south line of Union Hill Road, a variable width rlght-of-way, for the northwest corner hereof; THENCE. N 89° 34' 38" E, along the north line of said 125,344 acre tract, the south line of said Union Hill Road, along and near a fence, a distance of 888.89 feet to a 5/8 inch capped Iron rod set and stamped "TNP" for the northeast corner hereof, from which a concrete right-of-way monument found bears N 890 34' 38" E, a distance of 1164.03 feet, being the most northerly northeast corner of said 125:344 acre tract; THENCE S 000 28' 66" W, departing said north line, and the south line of said Union Hill Road, over and across said 125.344 acre tract, a distance of 980,22 feet to a 5/8 inch capped Iron rod set and stamped "TNP" for the southeast corner hereof, T Hf=NCE S E19° 34` 38" W, continuing over and across said 125.344 acre tract, a distance of 8$$.89 feet is the POINT OF BEGINNING, and containing 20,000 acres of land more or less. 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I.^„l. 6`0 �c(fi r...Rt+:". hwr . j'PAA Osw.:ak"'t mselol .,.ti.. *. kp..a, e:.1 <s ,b,m .,a„ a,.x is ,n b h r st :Ivan a,..<x . t . ., cot itj It s ,W <,rr•<.x.,. n...u� n :r tw:.Hm, v, nn..,gr..,+e......., ,o .:Oso. w.......-,. LAh7J TJTf,F SURMIr A ?ORTlON OF a.s:aa arnr; JOIN LORMN SURVEY, AWT NO 7W L«'.itoo within :hc City of $ymghr 1Nnuin 1.%,Mp t} rn.Ynx. ANNEXATION RESOLUTION —Union Hill Road Property Page 4 of 4 .•••••••••.. Denton County Department of Public Works Engineering Division I -"� ►� i 1505 East McKinney Street, Suite 175 — Denton, Texas 76209 940.349.3250 phone — 940.349.2991 fax .--� www.dentoncounty.com 41846 0..•' 666606966 February 23, 2011 Mr. Joseph Miff City of Sanger Director of Development Services PO Box 1729 Sanger, Texas 76266 Re: Annexation and Zoning Request Union Hill Road Property Dear Mr. Miff: Denton County is moving forward with constructing the Road and Bridge facility on the Union Hill property located in the unincorporated portion of the County. The proposed facility will include office area for Road and Bridge administrative staff; vehicle maintenance garage and parts storage; fueling station (above ground tanks in secondary containment and covered); stockpile storage for flexbase, chip seal aggregate and embedment material; and equipment storage. The envisioned design includes a metal building for the office and vehicle maintenance area; possibly one or two accessory buildings, which would probably be metal, gravel yard areas asphalt staff parking; bins for the stockpiles; covered parking for the equipment if the budget allows; water supplied by Bolivar Water Supply; and the septic provided by a private onsite system. Because of its poor condition, Union Hill Road will also be reconstructed as part of this project to handle the Road and Bridge traffic. The County is requesting that the City of Sanger annex this property and rezone the property to I-1 or I-2. The following items are attached as part of this application: • Annexation Resolution; • Zoning Change Application; • Site survey including legal description and metes and bounds description; • Physical Address: 1175 Union Hill Road; • Location: Property is located approximately 1,164 feet west of the intersection of FM 2164 and Union Hill Road on the south side of the road; • Acreage: 20 acres coming from 125.344 acres of the John Morton Survey, Abstract No 792 located in the Extra Territorial Jurisdiction of the City of Sanger. • The current property is zoned agriculture, • Requested zoning: I-1 or I-2, which ever works best for the City of Sanger; • The current property is a vacant piece of property previously was farmed and some Hackberry trees are located along the fences on the north and west sides of the property; • Rezoning the area to I-1 or I-2 could help improve the ability for the City to develop the area of FM 2164, FM 455 and Union Hill into a light industry or commercial section of the City; and • Contact Information: o Project Point of Contact Bennett C. Howell, III, PE, CFM Director of Public Works Denton County (940) 349-3250 Bennett.howell@dentoncounty.com The County is finalizing the contract with the Architecture Firth so the design will be moving forward very soon, The County would like to get the annexation and rezoning completed as soon as possible. I will let you know when we plan on meeting with the Architects so you can make arrangements to attend so everyone is on the same page. I look forward to working with you on this project. Please feel free to contact me if you have any questions. Sincerej�,y, Bennett C. Howell, III, PE, CFM Director of Public Works CITY OF SANGER, TEXAS NOTICE OF PUBLIC HEARINGS Notice is hereby given that public hearings will be held by the Planning and Zoning Commission in the Meeting Room of the Public Works & Development Services Building at 201 Bolivar Street, Sanger, Texas at 7:00 p.m. on Monday, April 25, 2011 and by the City Council in the Council Chambers of City Hall at 502 Elm Street, Sanger, Texas at 7*00 p.m. on Monday, May 2, 2011, for the purpose of considering the following: A request to amend the Official Zoning Map to rezone from A —Agricultural District to I-1 Industrial District a 20-acre portion of a property legally described as Tract 53 of the John Morton Survey, Abstract 792, located on the south side of Union Hill Road approximately 1, 164 feet west of the intersection of Union Hill Road and FM 455. The applicant, Denton County, is proposing to construct a Road and Bridge facility. All interested citizens and property owners are hereby notified of their right to appear and be heard on the matter. Tami Taber City Secretary, City of Sanger I P.O. Bor 1729 * 201 Bolivar S[* Snnger, TX 76266 * 940-458-7930 April 5, 2011 To: Property Owners From: Joseph Iliff, Director of Development Services Re: Notice of Public Hearing The City of Sanger's Planning &Zoning Commission will conduct a public hearing on Monday, April 25, 2011 at 7*00 P.M. to consider a proposed amendment to the Official Zoning Map. This public hearing will be held in the Meeting Room of the Public Works & Development Services Building at 201 Bolivar Street. The subject property is a 20-acre portion of a property legally described as Tract 53 of the John Morton Survey, Abstract 792, located on the south side of Union Hill Road approximately 1,164 feet west of the intersection of Union Hill Road and FM 455. See the attached map. The applicant, Denton County, is requesting a zoning change from A —Agricultural District to I4 Industrial District. The applicant is proposing to construct a Road and Bridge facility. The City of Sanger's City Council will conduct a separate public hearing Monday, May 2, 2011 at 7:00 P.M. to consider this request. This public hearing will be held in the Council Chambers of City Hall at 502 Elm Street. All interested citizens and property owners are hereby notified of their right to appear and be heard on the matter. You may also return the attached response form to the Department of Development Services to indicate if you support or oppose the proposed zoning change. All forms received will be shared with the Commission and Council. 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C A A A A A A A City of Sanger, Texas SECTION 25 "I-1" INDUSTRIAL DISTRICT General Purpose and Description: The I -I 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 purpose. 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 I-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, fumes, 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); T 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; lie 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 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 3 Is l . Railroad freight terminals, railroad switching and classification yards, repair shops, and roundhouses. Zoning Ordinance 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: 1. 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. 2. Size of Lot: a. Minimum Lot Area: None. b. Minimum Lot Width: None. c. Minimum Lot Depth: None, 3. 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 Page 1 of 1 Joseph cliff From: Pat Ruch [pruch@sangertexas.org] Sent: Tuesday, April 05, 2011 7:52 AM To: Joseph Iliff Subject: FW: Proposed rezoning of property along Union Hill From: Lisa Lines Gregor [mailto: Sent: Monday, April 04, 2011 10:54 PM To: pruch@sangertexas.org Cc: David Lines Subject: Proposed rezoning of property along Union Hill I am very much opposed to the rezoning of this property from Ag to Industrial. We own property just south of there at 10370 Terrace Rd. Please let me know the results of this proposal. 4/25/2011 COUNCIL AGENDA ITEM AGENDA TYPE ® Regular ❑ Special ❑ Consent Reviewed by Finance ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal ❑ Yes ® Not Applicable ❑ Yes Z Not Applicable Council Meeting Date: May2, 2011 Submitted By: Tami Taber City Manager Reviewed/Approval Initials Date - - 7' ACTION REQUESTED: ❑ORDINANCE ❑ RESOLUTION ® APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ REAPPOINTMENTS AGENDA CAPTION Conduct the Second and Final Public Hearing on the Need to Continue, Abolish or Modify the City of Sanger Juvenile Curfew Ordinance. FINANCIAL SUMMARY ®N/A ❑GRANT FUNDS ❑OPERATING EXPENSE ❑REVENUE ❑CI P ❑BUDGETED ❑NON -BUDGETED FISCAL YEAR. PRIOR YEAR CURRENT YEAR FUTURE YEARS TOTALS Proposed Expenditure Amount Encumbered Amount BALANCE FUND(S) TO BE USED: General ❑$ Utility ❑ $ Special ❑ $ BACKGROUND/SUMMARY OF ITEM Section 370.002 of the Texas Local Gov't Code requires that after a City adopts a juvenile curfew ordinance, the City must review and renew the ordinance every three years. The statute requires that a City: 1. review the ordinance's effects on the community and on problems the ordinance was intended to remedy; 2. conduct public hearings on the need to continue the ordinance; and 3. abolish, continue or modify the ordinance According to Municipal Court records, police officers issued the following number of curfew tickets since the ordinance was implemented: (39) in 2008, (19) in 2009 and(4) in 2010 STAFF OPTIONS & RECOMMENDATION Staff recommends. List of Supporting Documents: • Original Ordinance #03-07-08 Prior Action/Review by Council, Boards, Commissions or Other Agencies: ORDINANCE MmWm08 AN ORDINANCE OF THE CITY OF SANGER, TEXAS, CONTINUING IN EFFECT CHAPTER 8, "OFFENSES AND NUISANCES" ARTICLE 8.600, SECTIONS 8.601 THROUGH 8.605, THE JUVENILE CURFEW ORDINANCE OF THE CITY OF SANGER; PROVIDING FOR THE REVIEW OF THIS ORDINANCE WITHIN THREE YEARS AND EVERY THIRD YEAR THEREAFTER; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council heretofore adopted a juvenile curfew ordinance; and WHEREAS, the City Council has reviewed the ordinance and determined that it is the public interest to continue it in effect; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: SECTION I Tha#Chapter 8, Article 8.600, of the Code of Ordinances shall continue in force and effect, reading as follows: "8.600 Definitions a. Curfew Hours 1. 11:00 p.m. on Sunday, Monday, Tuesday, Wednesday or Thursday until 6:00 a.m. of the following day; and 2. 12:01 a.m. until 6:00 a.m. on any Saturday or Sunday b. Emergency Shall mean: An unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster, an automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life. c. Establishment Shall mean: Any privately -owned place of business operated for a profit to which the public.is invited, including, but not limited to, any place of amusement or entertainment. d. Guardian shall mean: 1. A person who, under court order, is the guardian of the person of a minor; or 2. A public or private agency with whom the minor has been placed by a court. e. Minor shall mean: Any person under 17 years of age. f. Operator shall mean: Any individual, firm, association, partnership, or corporation operating, managing, or conducting any establishment. The term includes members or partners of an association or partnership and the officers of a corporation. g. Parent shall mean: A person who is: 1. A natural parent, adoptive parent, or step-parent of another person; or 2. At least 18 years of age and authorized by a parent or guardian to have the care and custody of a minor h. Public Place shall mean: Any place in which the public or substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities and shops. Remain shall mean: 1. Linger or stay; or 2. Fail to leave premises when requested to do so by a police officer or the owner, operator, or other person in control of the premises. j. Serious Bodily Iniury shall mean: Bodily injury .that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. 8.602 Offenses a. Any minor commits an offense if he/she remains in any public place or on the premises of any establishment within the City during curfew hours. b. A parent or guardian of a minor commits an offense if he knowingly permits, or by insufficient control allows, the minor to remain in any pubic place or on the premises of any establishment within the City during curfew hours. c. The owner, operator or any employee of an establishment commits an offense if he knowingly allows a minor to remain upon the premises of the establishment during curfew hours. 8.603 r�efenses a. It is a defense to prosecution under. Section 8.602 that the minor was: (1) Accompanied by the minor's parent, guardian or adult spouse; (2) On an errand at the direction of the minor's parent or guardian without any detour or stop; (3) In a motor vehicle involved in interstate travel.; (4) Engaged in an employment activity, or going or returning home firom an employment activity without any detour or stop; (5) Involved in an emergency; (6) On the sidewalk abutting the minor's residence or abutting the residence of a next door neighbor if the neighbor did not complain to the police department about the minor's presence; (7) Attending an official school, religious or other recreational activity supervised by adults sponsored by the City of Sanger, a civic organization, or another similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official school, religious or other recreational activity supervised by adults and sponsored by the City of Sanger, a civic organization or another similar entity that takes responsibility for the minor; (8) Exercising First -Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech and the right of assembly; or (9) A minor who has had disabilities of minority removed in accordance with Chapter 31 of the Texas Family Code. b. It is a defense to prosecution under Section 8.602 ( c )that the owner, operator or employee of an establishment promptly notified the police department that a minor was present on the premises of the establishment during curfew hours and refused to leave. c. With respect to the hours between 8:00 a.m. and 3:00 p.m. on Monday, Tuesday, Wednesday, Thursday or Friday only, it is a defense that the school which the minor attends was not in session, that the minor is a high school graduate or has equivalent certification, the minor is on an excused absence from his or her place of schooling or that the minor is participating in a work study program which requires the minor to be off campus during school hours. 8.604 Enforcement Before taking any enforcement action under this article, a police officer shall ask the apparent offender's age and reason for being in the public place. The officer shall not issue a citation or issue an arrest under this article unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in Section 8.603 is present. 8.605 Penalties a. A person who violates a provision of this article is guilty of a separate offense for each day or part of a day during which. the violation is committed, continued or permitted. Each offense upon conviction is punishable by a fine as set forth in the general penalty provision found in Section 1.109 of this code. b. When required by Section '51.08 of the Texas Family Code, as amended, the municipal court shall waive original jurisdiction over a minor who violates Section 8.602(a) of this article and shall refer the minor to juvenile court." SECTION 11 All ordinances or parts of ordinances in conflict herewith or to the extent of such conflict, hereby repealed. SECTION III It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable and, if any phrase, clause, sentence, paragraph or section of the 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 phrases, clauses, sentences, paragraphs and sections of the ordinance since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION IV This ordinance will take effect immediately from and after the passage and publication of the caption as the law in such cases provides. ou Apir PASSED, APPROVED AND ADOPTED this day of M&4 ch 2008 by the City Council of the City of Sanger, Texas. ri 'r- Robert Dillard, City Attorney APPROVED: �` Jo e Higgs, .a yor David J. Park Vice President Rates & Reoulatory Affairs April 21, 2011 City Official Re: Rider GCR -Rate Filing under Docket No. 9762 Enclosed is Atmos Energy Corp., Mid -Tex Division's Statement of Rider GCR applicable for the May 2011 billing periods. This Statement details the gas cost component of the residential, commercial, and industrial sales rates for customers within your city. This filing is for informative proposes only and no action is required on your city's part. Should you have any questions, please let me know. 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