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04/06/2009-CC-Agenda Packet-RegularAGENDA CITY COUNCIL MONDAY, APRIL 6, 2009 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. 3. a) Approve Minutes: March 16, 2009 —Work Session March 16, 2009 — City Council b) Disbursements 4. Consider any Items Removed from Consent Agenda. 5. Authorize City Manager to Sign Agreed Order, Docket #2009-0183-MWD-E; Enforcement Case # 37147 with Texas Commission on Environmental Quality and pay $5,700.00 Penalty. 6. Consider and Possible Action on Ordinance #04-04-09 —Amending Article 4.000 of Appendix A "Fee Schedule" of the Code of Ordinances of the City of Sanger, Amending Article 4.000 Utility Related Fees, Section 4.101 Utility Connection Fees, Section 4.103 Utility Service Fees (b), and 4.402 Electric Service Connections. 7. Conduct Public Hearing on Ordinance #04-OS-09 -Amending the Comprehensive Zoning Ordinance and Central Zoning Map by Granting a Specific Use Permit for a Quick -Service Food and Beverage Shop Within an I4 Industrial District on Property Legally Described as Tract 140 of the Rueben Beebee Survey. The Subject Property is Located at the Southeast Corner of the Intersection of 5tn and 6tn Street. 8. Consider and Possible Action on Ordinance 4404-OS-09 - Amending the Comprehensive Zoning Ordinance and Central Zoning Map by Granting a Specific Use Permit for a Quick -Service Food and Beverage Shop Within an I4 Industrial District on Property Legally Described as Tract 140 of the Rueben Beebee Survey. The Subject Property is Located at the Southeast Corner of the Intersection of 5t�' and 6th Street. 9. Conduct Public Hearing on Ordinance 404-06-09 —Amending the Comprehensive Zoning Ordinance and Central Zoning Map by Granting a Specific Use Permit for Outside Display and Sales Within a B-2 Business District on Property Legally Described as Tract 143 of the Henry Tierwester Survey, Abstract 1241. The Subject Property is Located at 1301 Bolivar Street, the Northeast Corner of Bolivar and North Stemmons. 10. Consider and Possible Action on Ordinance #04-06-09 — Amending the Comprehensive Zoning Ordinance and Central Zoning Map by Granting a Specific Use Permit for Outside Display and Sales Within a B-2 Business District on Property Legally Described as Tract 143 of the Henry Tierwester Survey, Abstract 1241. The Subject Property is Located at 1301 Bolivar Street, the Northeast Corner of Bolivar and North Stemmons, 11. Information Items: a) Letter from Citizen Regarding Sanger Fire Department b) Population Estimates 12. Adjournment. I, the undersigned authority, do hereby certify that this Notice of Meeting was posted on the bulletin board, at the City Hall of the City of Sanger, Texas, a place convenient and readily accessible to the general public at all times, and said notice was posted on the following date and time: oc at /O ;1 `j ands 11 remain posted until f � a Q Rosalie Chavez, City Secretal City of Sanger, Texas This notice was removed from the offittialEoh`fIetin board on �j:03 by %✓ This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at (940) 4584930 for further information. MINUTES: CITY COUNCIL WORK SESSION MINUTES MARCH 16, 2009 MEMBERS PRESENT: Mayor Joe Higgs, Councilman Garza, Councilman Robert Patton, Councilman Thomas Muir MEMBERS ABSENT: Councilman Glenn Ervin, Councilman Walker OTHERS PRESENT: Mike Brice City Manager, Rose Chavez City Secretary/Asst, City Manager, Director of Developer Services Joe Iliff, Bob Koger 1. Call Meeting to Order. Mayor Higgs called meeting to order at 6:13 p.m. 2. Discussion on Using Waste Water Tap Fees to Purchase Generator for Waste Water Treatment Plant, City Manager addressed this item and advised Council that TCEQ (Texas Commission for Environmental Quality) requires emergency backup power source for all wastewater treatment plants. During the time -frame this was required by TCEQ the City was in the process of building the new sewer plant, and this is the reason for delaying the purchase. Since the new sewer plant has been postponed we have to comply with TCEQ requirements. Staff looked at the possibility of having a rental agreement. One company wanted $3100.00 a month to supply a generator on stand-by basis and another company wanted less. Staff looked at various generators that would supply the capacity to run the plant, and that was also small enough to load on a trailer to utilize at other locations. City Manager advised this is on the agenda as an action item for Council to approve spending the wastewater tap fee funds for the purchase of a used generator, not to exceed $25,000. The estimated cost ranges from $12,000 to $21,000 plus the cost for the trailer. Discussion followed concerning the generator. Ci Dity Manager advised that $322,468 was the balance in the reserve account. It was determined the used generator has 200 kw power capacity and it is adequate for the plant. Councilman Muir discussed that if the equipment is kept in operating condition, and if at some point it is no longer utilized by the City as a backup, it can be placed in surplus to recover some of the cost. City Manager gave a brief update on upcoming proposed legislation concerning the requirement of generators at every well, lift station, and sewer plant as a secondary source of backup power on site. 3. Discussion on the Masonry Ordinance and the Metal Building Ordinance, City Manager advised that due to time constraint, and the absence of two council members, he would like Council to review their copy of the revisions on the Masonry ordinance. This will be placed on the next City Council work session for further review and discussion. 4. Discussion on Amendment to City Smoking Ban to Include Athletic Fields (Article 8.800). City Manager advised that he has provided Council with a copy of the Parks Board recommendation concerning amending the City of Sanger Smoking Ordinance #0-04-06 regarding tobacco use on city athletic fields. Bob Koger, representing the Parks Board, addressed the Council concerning regulating smoking on City youth sports athletic fields. Mr. Koger indicated there are three reasons these facilities should be non-smoking; first the State of Texas has a law that no one under the age of 18 can purchase cigarettes, second every sports activity in America has in their by-laws that the Coaches can not smoke, third issue covers the field itself. There is not a staging area for the youth to practice and the youth are basically practicing all over the field inside the complex. The Parks Board recommendation is that Council designate City athletic fields as non-smoking and to include the amendment to the ordinance by adding Section 8.809 to include the prohibition of smoking inside the parameters of a youth sports complex athletic activity. Mr. Koger indicated that the definition of a youth sports complex activity included baseball fields; soft ball fields; soccer fields and football fields. Councilman Patton asked if this is to include all club sport activity, school sponsored activity or any property that has an athletic complex with a fence area. Mr. Koger indicated the complex does not have to have a fence; it would be regulated by signage. The amendment to the ordinance decreases the involuntary exposure to second hand smoking by individuals who are attending athletic activities on city owned property. Discussion continued concerning to also prohibit the use of snuff or chewing tobacco in the current ordinance. Councilman Patton asked that Council needs to possibly discuss this at a later date to get public input. Councilman Garza indicated that Council took the initiative a year or two go to prohibit smoking in public restaurants, and these properties were not City owned. Councilman Garza indicated the athletic fields are city owned properties. He expressed he is in support of including all tobacco products. Councilman Muir indicated he is strongly in support. He explained how second hand smoke affects another individual's civil liberty to breath clean air; whereas, if it is in their mouth it does not infringe on anyone's civil liberty. He continued to express his views on individuals who smoke versus chewing tobacco. Discussion continued. Councilman Garza and Council Patton indicated that the ordinance is to include all city -owned athletic competitive facilities. Councilman Garza expressed that non-smoking should include all athletic facilities and parks. Bob Koger indicated the Parks Board approved the changes with a 3-2 vote. Council agreed that this be placed on another work session to allow all the Council to be present to discuss it further. 5. Discussion on Changing the Subdivision Ordinance. Joe Miff, Director of Development Services addressed this item and advised that in 2009 the Denton County Clerk's Office made some changes on the process of accepting plats after they were approved by cities. The changes are necessary to match up to the requirements of the County. There were some items that were redundant and outdated that were removed. There was also some language clarification and information that was included when plat applications are submitted. The changes will make it easier for everyone to understand. There are State Laws that regulate when a plat is filed and how long the City has to process the plat. City Manager advised the changes are mostly "clean-up". Joe Miff continued with an explanation of the 2009 schedule for submitting plats; publishing notice; mail -outs; Planning and Zoning, and City Council Meetings. Discussion concerning the process continued. 6. Overview of Items on Regular Agenda. 7. Adjournment. Mayor adjourned the meeting. MINUTES: CITY COUNCIL MINUTES MARCH 16, 2009 MEMBERS PRESENT: Mayor Joe Higgs, Councilman Andy Garza, Councilman Robert Patton, Councilman Thomas Muir MEMBERS ABSENT: Councilman Glenn Ervin, Councilman Walker OTHERS PRESENT: Mike Brice City Manager, Rose Chavez City Secretary/Asst. City Manager, Director of Development Services Joe Iliff, Joyce Herzog 1. Call Meeting to Order. Mayor Higgs called meeting to order. Councilman Muir led the invocation, followed by Councilman Garza 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. None CONSENT AGENDA Approve Nxinuteso March 2, 2009 — Work Session March 2, 2009 — City Council b) Disbursements c) Approval on Ordinance 03-03-09 —Amending Section 4, Procedure of the City of Sanger Subdivision Ordinance Motion was made by Councilman Patton to approve the consent agenda as presented. Seconded by Councilman Garza. Motion carried unanimously. 4. Consider any Items Removed from Consent Agenda. 5. Consider and Approve Spending up to $25,000 of Waste Water Tap Fees for the Purchase of a Generator for the Waste Water Treatment Plant. City Manager indicated this item was discussed in the work session and he would like the Council to approve up to $25,000 for the purchase of this generator. Motion was made by Councilman Garza to approve the spending, up to $25,000 of Wastewater Tap Fees, for the purchase of a generator for the Wastewater Treatment Plant. Seconded by Councilman Muir. Motion carried unanimously. 6. Authorize the City Manager to Notify Senator Estes that the City of Sanger is not Opposed to the Proposed Legislation Concerning the Clear Creek Watershed Providing that no Current Residents of Sanger are Included back into the District. City Manager advised this item was discussed at the last work session. He asked the Council that they authorize him to notify Senator Estes that the City of Sanger is not opposed to the proposed legislation. This does not indicate the City supports or does not support the proposed legislation. The letter will indicate the City is not opposed, providing that it does not affect anybody that is currently in the City of Sanger. Councilman Muir made an inquiry on the draft letter that Clear Creek Watershed had submitted for the City to use and asked if the changes were significant to what they were requesting. The City Manager indicated the draft letter indicated the City's support and this is one of the changes. The City of Sanger's letter will indicate we do not oppose this legislation. This is the same wording the City of Denton submitted in their letter to Senator Estes. Motion was made by Councilman Patton to authorize the City Manager to notify Senator Estes that the City of Sanger is not opposed to the proposed legislation concerning the Clear Creek Watershed, provided that no current residents of Sanger are included back into the district. Seconded by Councilman Muir. Motion carried unanimously. 7. Information Items: a) City of Sanger Investment Report b) Monthly Financial Statement as of February 2009 c) Library Monthly Report d) Letter from Atmos Energy Regarding 2009 Rate Review Mechanism Filing e) Notice of Rate Change from Electric Transmission Texas, LLC f) Chamber Investment Report g) Legislative Updates S. Adjournment. Mayor Higgs adjourned the meeting. 3/11/2009 9:17 AM PACKET: 02187 Regular Payments VENDOR SET: 99 BANK SB99 SB-ACCOUNTS PAYABLE FUND A / P CHECK REGISTER VENDOR NAME / I.D. DESC 11030 TCEQ I-200903111589 COLLECTION III TEST TOTAL ERRORS: 0 ** T O T A L S REGULAR CHECKS: HANDWRITTEN CHECKS: PRE -WRITE CHECKS: DRAFTS: VOID CHECKS: NON CHECKS: CORRECTIONS: REGISTER TOTALS: TOTAL WARNINGS: 0 CHECK CHECK CHECK TYPE DATE DISCOUNT AMOUNT NO# R 3/11/2009 111.00CR 039119 NO# DISCOUNTS CHECK AMT TOTAL APPLIED 1 0.00 111.00 111.00 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 0 0.00 0.00 0.00 1 0.00 111.00 111.00 PAGE: 1 CHECK AMOUNT 111.00 3/12/2009 11:50 AM A / P CHECK REGISTER PAGE: 1 PACKET: 02192 Regular Payments VENDOR SET: 99 BANK SB99 SB-ACCOUNTS PAYABLE FUND CHECK CHECK CHECK CHECK VENDOR NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NO# AMOUNT 01550 ATMOS I-200903121593 GAS UTILILTIES R 3/12/2009 134.87CR 039120 134.87 19240 BANKERS CREDIT CARD SERVICE I-200903121591 ANNUAL CHARGE,HOTEL R 3/12/2009 272.68CR 039121 272.68 00600 CITY OF SANGER i I-MAR09 UT BILLS 3/l/09 R 3/12/2009 34,362.89CR 039122 34,362.89 00800 COSERV ELECTRIC I-200903121592 ELECT SERVICE R 3/12/2009 11036.16CR 039123 11036.16 18790 FUELMAN I-NP16737923 FUEL 2/23/09 - 3/l/09 R 3/12/2009 11225.55CR 039124 I-NP17084466 FUEL 3/2/09 - 3/8/09 R 3/12/2009 1,372.08CR 039124 21597,63 13280 HCSB I-2004096 -52 2004096 #52 R 3/12/2009 736.00CR 039125 736.00 01570 LOWE'S COMPANIES, INC. I-42414 PIPING FOR BOOSTER PUMP R 3/12/2009 240vl5CR 039126 240.15 80 SANGER BANK I-00055 -44 07071866 00055 #44 R 3/12/2009 11542607CR 039127 I-00065-44 07071866 00065 #44 R 3/12/2009 11120604CR 039127 2,662.11 18110 STRATEGIC GOVERNMENT RESOURCES, INC. I-200903121590 MEMBERSHIP R 3/12/2009 125.000R 039128 125.00 19160 WORKERS ASSISTANCE PROGRAM, INC. I-32203 FEB 09 EAP R 3/12/2009 165.54CR 039129 165.54 * * T O T A L S * * NO# DISCOUNTS CHECK AMT TOTAL APPLIED REGULAR CHECKS: 10 0.00 42,333.03 421333.03 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: 10 0.00 42,333.03 42,333603 TOTAL ERRORS: 0 TOTAL WARNINGS: 0 3/24/2009 7:45 PM A / P CHECK REGISTER PAGE: 1 PACKET: 02217 Regular Payments VENDOR SET: 99 BANK SB99 SB-ACCOUNTS PAYABLE FUND CHECK CHECK CHECK CHECK VENDOR NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NO# AMOUNT 07860 ACT PIPE SUPPLY, INC I-285671 5 FIRE HYDRANTS R 3/24/2009 61925.00CR 039189 6/925400 17950 ZAC CLAYTON I-200903241622 MEALS TX ELECT CONF R 3/24/2009 105.00CR 039190 105.00 20280 HUGH COLEMAN I-MAR09 MARCH 2O09 R 3/24/2009 600.00CR 039191 600.00 04160 COMET CLEANERS I-200903241603 ELECT DEPT CLEANING R 3/24/2009 56.25CR 039192 I-200903241604 CLEANING SANTA SUIT R 3/24/2009 15.50CR 039192 71.75 18190 DEPARTMENT OF INFORMATION RESOURCE I-9020878T LONG DISTANCE FEB 09 R 3/24/2009 58.45CR 039193 58.45 03150 VICTORIA ELIESON I-200903241624 TRAVEL ANNUAL CONFERENCE R 3/24/2009 695.00CR 039194 695.00 02490 EMBARQ: PHONE SERVICE I-200903241608 LOCAL # 458-4510 R 3/24/2009 49.86CR 039195 49.86 90 EMBARQ: PHONE SERVICE I-200903241609 LOCAL PHONE SERVICE R 3/24/2009 260.30CR 039196 260.30 02490 EMBARQ: PHONE SERVICE I-200903241610 LOCAL PHONE R 3/24/2009 50.17CR 039197 50.17 02490 EMBARQ: PHONE SERVICE I-200903241611 LOCAL PHONE 2571 R 3/24/2009 65.81CR 039198 65.81 02490 EMBARQ: PHONE SERVICE 1-200903241612 FAX 458-4180 R 3/24/2009 98.06CR 039199 98.06 02490 EMBARQ: PHONE SERVICE I-200903241613 LOCAL# 9096,2064,2908 R 3/24/2009 197.28CR 039200 197.28 02490 EMBARQ: PHONE SERVICE I-200903241614 LOCAL # 7930 R 3/24/2009 292.48CR 039201 292.48 02490 EMBARQ: PHONE SERVICE I-200903241615 PHONE 9 458-4433 R 3/24/2009 74.95CR 039202 74.9E 3/24/2009 7:45 PM A / P CHECK REGISTER PAGE: 2 PACKET: 02217 Regular Payments VENDOR SET: 99 BANK SB99 SB-ACCOUNTS PAYABLE FUND CHECK CHECK CHECK CHECK VENDOR NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NO# AMOUNT 02490 EMBARQ: PHONE SERVICE I-200903241616 PHONE # 458-3257 R 3/24/2009 79.18CR 039203 79.18 02490 EMBARQ: PHONE SERVICE I-200903241617 PHONE # 2059,4072 R 3/24/2009 41.04CR 039204 41.04 02490 EMBARQ: PHONE SERVICE I-200903241618 PHONE # 458-7909 R 3/24/2009 37.11CR 039205 37.11 02490 EMBARQ: PHONE SERVICE I-200903241619 PHONE # 458-4721 R 3/24/2009 82.12CR 039206 82.12 02490 EMBARQ: PHONE SERVICE I-200903241620 PHONE # 458-7595 R 3/24/2009 40.49CR 039207 40.49 20300 GREEN EAGLE OVERHEAD DOORS I-200903241621 8 OVERHEAD DOORS R 3/24/2009 11,391.00CR 039208 11,391,00 14650 TERRY HARDY I-200903241605 REIMB FOR CDL R 3/24/2009 60.00CR 039209 60.00 09050 KENNETH HARTLESS I-JAN/MAR09 JAN,FEB,MARCH 2O09 R 3/24/2009 117SOoOOCR 039210 11750,00 07750 HOME DEPOT/GECF I-010352/6025084 RATCHET STRAPS R 3/24/2009 347.08CR 039211 I-027932/7013644 STRETCH WRAP ROLL R 3/24/2009 39.85CR 039211 386.93 04240 MIKE PRATER I-200903241623 3 DAYSMEALS TX ELECT CONE R 3/24/2009 105.00CR 039212 105.00 11170 RICOH AMERICAS CORP:QDS I-13874820 COPIER MAINT AGREEMENT R 3/24/2009 205o33CR 039213 205.33 16240 SCHAD & PULTE I-174583 MEDICAL OXYGEN R 3/24/2009 14.00CR 039214 I-174604 MEDICAL OXYGEN R 3/24/2009 22.00CR 039214 I-174759 MEDICAL OXYGEN R 3/24/2009 14.00CR 039214 I-67691/174791 MEDICAL OXYGEN R 3/24/2009 25.00CR 039214 75.00 20320 STANLEY FORD C-12281CR STANLEY FORD R 3/24/2009 50.00 039215 I-12281 REPAIRS R 3/24/2009 1,486.89CR 039215 1/436489 PAGE: 3 3/24/2009 7:45 PM A / P CHECK REGISTER PACKET: 02217 Regular Payments VENDOR SET: 99 BANK SB99 SB-ACCOUNTS PAYABLE FUND VENDOR NAME / I.D. DESC 15250 SUDDENLINK I-200903241625 INTERNET 20390 TEXAS FLOODPLAIN MANAGEMENT ASSOCIATION I-200903241607 2009 CONE REGISTRATION 15600 US METERING & TECHNOLOGY I-241058-01 2) 1 1/2 METERS 17930 ROBERT WOODS I-200903241606 MILEAGE I-200903241626 REIMB FOR MEALS TOTAL ERRORS: 0 ** T O T A L S REGULAR CHECKS: HANDWRITTEN CHECKS: PRE -WRITE CHECKS: DRAFTS: VOID CHECKS: NON CHECKS: CORRECTIONS: REGISTER TOTALS: TOTAL WARNINGS: 0 CHECK CHECK TYPE DATE R 3/24/2009 R 3/24/2009 R 3/24/2009 R 3/24/2009 R 3/24/2009 NO# DISCOUNTS 31 0.00 0 0.00 0 0.00 0 0.00 0 0.00 0 0.00 0 0.00 CHECK CHECK DISCOUNT AMOUNT NO# AMOUNT 113.35CR 039216 113.35 245400CR 039217 245.00 823.28CR 039218 823.28 145.75CR 039219 124.28CR 039219 270.03 CHECK AMT 26,685.86 0.00 0.00 0.00 0.00 0.00 0.00 26,685.86 TOTAL APPLIED 26,685,86 0.00 0.00 0.00 0.00 0.00 0.00 26,685.86 3/25/2009 12:24 PM A / P CHECK REGISTER PAGE: 1 PACKET: 02224 Regular Payments VENDOR SET: 99 BANK SB99 SB-ACCOUNTS PAYABLE FUND CHECK CHECK CHECK CHECK VENDOR NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NO# AMOUNT 04240 MIKE PRATER I-200903251629 REIMB FOR MEALS -SHELVES R 3/25/2009 115.32CR 039222 I-200903251630 MEALS,STUDS-FOR SHELVING R 3/25/2009 81.38CR 039222 I-200903251631 REIMB FOR MEALS -SHELVES R 3/25/2009 103.25CR 039222 I-200903251632 MEALS- FTW SHELVING R 3/25/2009 243.50CR 039222 543.45 * * T 0 T A L S * * NO#I DISCOUNTS CHECK AMT TOTAL APPLIED REGULAR CHECKS: 1 0.00 543.45 543.45 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: 1 0.00 543.45 543.45 TOTAL ERRORS: 0 TOTAL WARNINGS: 0 3/25/2009 11:39 AM PACKET: 02222 Regular Payments VENDOR SET: 99 BANK SB99 SB-ACCOUNTS PAYABLE FUND VENDOR NAME / I.D. DESC 00590 CITY OF DENTON I-200903251628 BODY BAGS 02490 EMBARQ: PHONE SERVICE I-200903251627 PHONE # 456-2059 TOTAL ERRORS: 0 ** T O T A L S REGULAR CHECKS: HANDWRITTEN CHECKS: PRE -WRITE CHECKS: DRAFTS: VOID CHECKS: NON CHECKS: CORRECTIONS: REGISTER TOTALS: TOTAL WARNINGS: 0 A / P CHECK REGISTER CHECK CHECK CHECK TYPE DATE DISCOUNT AMOUNT NO# R 3/25/2009 81.00CR 039220 R 3/25/2009 132.16CR 039221 NO# DISCOUNTS CHECK AMT TOTAL APPLIED 2 0.00 213.16 213.16 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 2 0.00 213.16 213.16 PAGE: 1 CHECK AMOUNT 81.00 132.16 3/27/2009 5:52 PM A / P CHECK REGISTER PAGE: 1 PACKET: 02230 Regular Payments VENDOR SET: 99 BANK SB99 SB-ACCOUNTS PAYABLE FUND CHECK CHECK CHECK CHECK VENDOR NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NOlf AMOUNT 20330 ACES I-1098484 CATCH POLE,GLOVES,CARRIER R 3/27/2009 294441CR 039235 I-1098495 CATCH POLE,GLOVES,CARRIER R 3/27/2009 59.99CR 039235 354.40 07860 ACT PIPE SUPPLY, INC I-267109 COUPLINGS,NIPPLES,CLAMPS R 3/27/2009 21033.40CR 039236 I-271561 COUPLINGS,NIPPLES,CLAMPS R 3/27/2009 B6.24CR 039236 I-289610 CONCRETE VAULT,VALVE R 3/27/2009 1,546.21CR 039236 I-292336 BOLTS,GASKETS,ADAPT,LOCKS R 3/27/2009 896.78CR 039236 I-292654 CONCRETE VAULT,VALVE R 3/27/2009 41562.50CR 039236 9,125.13 15890 ALL AMERICAN SURVEYING I-12946-1 SURVEY SIDEWALK ON 5TH R 3/27/2009 21000.00CR 039237 I-13010 UT EASEMENT I35 BUS PARK R 3/27/2009 342.50CR 039237 I-13038 STAKE ALLEY BII OT SANGER R 3/27/2009 250.00CR 039237 2,592.50 00270 ANIMAL HOSPITAL ON MILAM RD, P.C. I-104376 VET SERVICE FEB 09 R 3/27/2009 578040CR 039238 578.40 00420 BOUND TREE MEDICAL, LLC I-87051079 LORAZEPAM R 3/27/2009 85.000R 039239 85.00 60 BRISCOE ALIGNMENT & TIRE I-259637/259697 TIRE FOR UNIT 60-58 R 3/27/2009 313.66CR 039240 313.66 11220 BSN/COLLEGIATE PACIFIC I-93012904 HOME PLATE,BASES,ANCHORS R 3/27/2009 617.08CR 039241 617.08 20410 CARE NOW CORPORATE I-824565 LEHOTSKY - 3/11/09 R 3/27/2009 35.DOCR 039242 35.00 00590 CITY OF DENTON I-200903271644 MONTHLY WATER TESTING R 3/27/2009 402.000R 039243 402.00 15640 COLE-PARMER INSTRUMENT COMPANY I-7047969 SOFT SILICONE TUBING R 3/27/2009 189.24CR 039244 189.24 00640 COMMERCIAL SERVICES I-APRIL09 ICE MACHINE LEASE R 3/27/2009 400400CR 039245 400.00 00050 CONLEY SAND & GRAVEL I-8639 HUAL FOR BRIDGEPORT-SANGE R 3/27/2009 400.000R 039246 I-8641 20YARDS CUSHION SAND,BASE R 3/27/2009 3,10O.000R 039246 3,500.00 3/27/2009 5:52 PM A / P CHECK REGISTER PAGE: 2 PACKET: 02230 Regular Payments VENDOR SET: 99 BANK SB99 SB-ACCOUNTS PAYABLE FUND CHECK CHECK CHECK CHECK VENDOR NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NO# AMOUNT 17000 CONTENT WATCH I-CW03112009 INTERNET FILTERING LICENS R 3/27/2009 135.92CR 039247 135.92 00650 CONTINENTAL RESEARCH CORP I-309392-CRC-1 URINAL DISINFECTANT R 3/27/2009 224.000R 039248 I-309394-CRC-1 ICE MELT R 3/27/2009 202.000R 039248 426.00 08770 CPI OFFICE PRODUCTS I-2222313-0/-1 TONER,CORRECTION TAPE R 3/27/2009 120408CR 039249 I-2226958-0 OFFICE SUPPLIES R 3/27/2009 441.49CR 039249 I-2227319-0 ENVELOPES,INK,PAPER,FOLDE R 3/27/2009 343.99CR 039249 I-2227374-0 ENVELOPES,INK,BINDERS R 3/27/2009 226.O1CR 039249 I-2227374-1 IBM COMPATIBLE TONER R 3/27/2009 189.99CR 039249 I-2233971- PRINTER R 3/27/2009 196.98CR 039249 1,518.54 18700 CUSTOM CAST STONE OF TEXAS I-200903271634 BALL & PEDISTAL R 3/27/2009 88.40CR 039250 88.40 15730 DENTON COUNTY CLERK OF COURT I-200903271642 2005 ASPHALT ZIPPER R 3/27/2009 501000.00CR 039251 50,000.00 14900 DENTON MUNICIPAL ELECTRIC COMMUNICATION DIVISION I-200903271637 10 RADIO BATTERIES R 3/27/2009 480.000R 039252 480.00 00840 DENTON PUBLISHING CO., INC. I-438338 LEGAL NOTICE R 3/27/2009 34.6OCR 039253 I-438338- CLASSIFIED AD - HELP WANT R 3/27/2009 59.000R 039253 93.60 06490 DENTON REGIONAL MEDICAL I-200903271636 ESCREEN,PRE-EMPLOY R 3/27/2009 184.000R 039254 184.00 17640 DOLLAR GENERAL - CHARGED SALES I-102182 COFFEE,CUPS,PLATES R 3/27/2009 58.75CR 039255 I-102198 COFFEE,CUPS,CREAMER R 3/27/2009 57.75CR 039255 116.50 19890 ECLIPSE MERCANTILE COMPANY I-200903271639 CHAINSAW REPAIRS,PARTS R 3/27/2009 480.57CR 039256 480.57 1 ECONO LODGE 1-200903271641 HOTEL-NEIGHBORS,CL R 3/27/2009 776.25CR 039257 776.25 20180 FRANK BARTEL TRANSPORTATION, INC. I-86660 BALL FIELD SCREENED CLAY R 3/27/2009 21200.00CR 039258 21200.00 3/27/2009 5:52 PM A / P CHECK REGISTER PAGE: 3 PACKET: 02230 Regular Payments VENDOR SET: 99 BANK SB99 SB-ACCOUNTS PAYABLE FUND CHECK CHECK CHECK CHECK VENDOR NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NOR AMOUNT 18790 FUELMAN I-NP17165418 FUEL 3/9/09 - 3/15/09 R 3/27/2009 11609.12CR 039259 I-NP17248982 FUEL 3/16 - 3/22/09 R 3/27/2009 lt509,65CR 039259 31118,77 08790 JUSTIN FULLER I-200903271645 2 DAYS MEALS/ACTIVE SHOOT R 3/27/2009 25.00CR 039260 25.00 03340 GENE GOHLKE - I-15123 50LBS BAGS FIELD MARKER R 3/27/2009 308.00CR 039261 308.00 01130 GUMDROP BOOKS I-258648 29 BOOKS R 3/27/2009 474600CR 039262 474.00 02610 HD SUPPLY, INC I-1161464-00 2000' GREEN WIRE R 3/27/2009 560.00CR 039263 I-1164351-00 RED MARKING PAINT R 3/27/2009 61.20CR 039263 621.20 15500 HERITAGE MICROFILM I-141608 MICROFILMING 2008 PAPERS R 3/27/2009 287.53CR 039264 287.53 20400 HOUSTON PUBLIC LIBRARY I-200903271635 REPLACE LOST BOOK R 3/27/2009 28.95CR 039265 28.95 _,)220 INGRAM I-42264259 20 BOOKS R 3/27/2009 28.69CR 039266 28.69 15780 ITRON I-92703 HARDWARE/SOFTWARE MAINT R 3/27/2009 11795982CR 039267 1/795982 01300 JAGOE-PUBLIC CO., INC. I-902021 HOTMIX - ASPHALT R 3/27/2009 883.30CR 039268 I-903001 HOTMIX ASPHALT R 3/27/2009 498.30CR 039268 I-903006 HOTMIX ASPHALT R 3/27/2009 503.25CR 039268 1,884.85 01380 KARL-KLEMENT FORD, INC. I-201081 HEADLIGHT SOCKET CONNECTO R 3/27/2009 36.30CR 039269 36.30 06210 KWIK KAR I-2247855 INSPECTION UNIT446-22 R 3/27/2009 39.75CR 039270 39.75 01310 LUTTRULL MCNATT, INC. I-512672 DOOR HANDLE,SENSOR R 3/27/2009 89.64CR 039271 89.64 3/27/2009 5:52 PM A / P CHECK REGISTER PAGE: 4 PACKET: 02230 Regular Payments VENDOR SET: 99 BANK SB99 SB-ACCOUNTS PAYABLE FUND CHECK CHECK CHECK CHECK VENDOR NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NON AMOUNT 04850 MICRO MARKETING ASSOC.LLC I-271547 4 BOOKS R 3/27/2009 164.91CR 039272 I-271701-1 5 BOOKS R 3/27/2009 16.66CR 039272 I-273094 AUDIO BOOKS R 3/27/2009 105.89CR 039272 287.46 05600 MOORE MEDICAL CORP. I-80993224/95613779 MEDICAL SUPPLIES R 3/27/2009 797.04CR 039273 I-80999602 EMS SUPPLIES R 3/27/2009 966.02CR 039273 1,763.06 01830 NOR-TEX COMMUNICATIONS I-15419 PROGRAMMED ON CALL VOICE R 3/27/2009 95.00CR 039274 95.00 08870 NORTHERN TOOL I-19618826 STEEL STRAPPING,CART,SEAL R 3/27/2009 738.01CR 039275 738.01 10380 OAKLEY I-805806084 SAFETY GLASSES R 3/27/2009 511.96CR 039276 511.96 19200 PATH MARK TRAFFIC PRODUCTS OF TEXAS,INC. I-0057208-IN DATE STICKERS R 3/27/2009 290.00CR 039277 I-0057265-IN SIGNS, POSTS, ANCHORS R 3/27/2009 2,756.74CR 039277 3,046.74 110 PETTIT MACHINERY, INC I-E01382 JOHN DEER Z830 W/ MULCH R 3/27/2009 31490.00CR 039278 3/490600 02050 PITNEY BOWES, INC. I-3889714-MR09 POSTAGE MACHINE R 3/27/2009 549.00CR 039279 549.00 13570 PUBLIC SAFETY CENTER I-1700561ROIN FLASHLIGHTS,BATTERIES,CHA R 3/27/2009 67.22CR 039280 67.22 02120 QUILL, INC. I-5239350 BLACK & COLOR INK R 3/27/2009 49.92CR 039281 I-5334145 OFFICE SUPPLIES R 3/27/2009 312.25CR 039281 362.17 02140 RADIO SHACK I-10035482 FLASHLIGHT BATTERIES R 3/27/2009 102.96CR 039282 102.96 1 REDFEARN PLUMBING I-1176 PLUMBING REP R 3/27/2009 166.00CR 039283 166.00 20290 REGIONAL UNIFORMS & SUPPLY I-0033806 CASE PEPPER DEFENSE SPRAY R 3/27/2009 292.50CR 039284 292.50 A / P CHECK REGISTER PAGE: 5 3/27/2009 5:52 PM PACKET: 02230 Regular Payments VENDOR SET: 99 BANK SB99 SB-ACCOUNTS PAYABLE FUND VENDOR NAME / I.D. DESC 02170 REINERT PAPER & CHEMICAL, INC. I-230009 TISSUE,KITCH TOWELS,PAPER I-230618 TISSUE,KITCH TOWELS,PAPER I-231341 DISINFECTANT,GLASS CLEANE 08240 SIRCHIE FINGER PRINT LAB I-OS07877 600 EVIDENCE BAGS 09550 SOUTHWEST CHEMICAL, I NC, I-85333 15 150LBS CHLORINE I-85334 150LBS CHLORINE CYLINDERS 18620 STERICYCLE I-4000739165 BIO PICK UP 12460 SUPREME PARTS WASHERS I-S15481 PARTS WASHER SERVICE 19460 TCI TIRE CENTERS I-6270001769 6 PURSUIT TIRES I-6270001770 4 TIRES ,90 TECHLINE, INC. I-1440975-00 1800' #2 AL TRIPLE OR 1-1441158-00 HPS BULBS I-1441163-00 BLACK & WHITE WIRE I-1441164-00 BLACK & WHITE WIRE I-1441182-00 COVER,GLOBES,CONDUIT I-1441191-00 COVER,GLOBES,CONDUIT I-1441194-00 COVER,GLOBES,CONDUIT 02600 TEEX I-200903271640 NEIGHBORS,CLAYTON 20340 THREE "L" WELDING SUPPLY & EQUIPMENT COMPANY, INC. I-159041 TORCH REPAIR & SOFT HOSE 03970 TMCCP I-200903271643 2009 SUPPLEMENT 16550 UNIQUE PAVING MATERIALS I-194936 COLDLAY MATERIAL CHECK CHECK TYPE DATE R 3/27/2009 R 3/27/2009 R 3/27/2009 R 3/27/2009 R 3/27/2009 R 3/27/2009 R 3/27/2009 R 3/27/2009 R 3/27/2009 R 3/27/2009 R 3/27/2009 R 3/27/2009 R 3/27/2009 R 3/27/2009 R 3/27/2009 R 3/27/2009 R 3/27/2009 R 3/27/2009 R 3/27/2009 R 3/27/2009 R 3/27/2009 CHECK CHECK DISCOUNT AMOUNT NO# AMOUNT 176.92CR 039285 69.02CR 0392B5 55.70CR 0392B5 301.64 239.O5CR 039286 239.05 1,305.00CR 039287 1,305.00CR 039287 2,610.00 14.16CR 039288 14.16 150.00CR 039269 150.00 465.36CR 039290 499.52CR 039290 959.88 918.00CR 039291 106.75CR 039291 590.00CR 039291 540.00CR 039291 843.00CR 039291 99.50CR 039291 SO.000R 039291 3,049.25 1,785.00CR 039292 1,7B5.00 155.90CR 039293 155.40 35.00CR 039299 35.00 1,929.18CR 039295 1,929.18 3/27/2009 5:52 PM A / P CHECK REGISTER PACKET: 02230 Regular Payments VENDOR SET: 99 BANK SB99 SB-ACCOUNTS PAYABLE FUND VENDOR NAME / I.D. DESC 18120 US FOAM I-0001549-IN SPAG-SORB 16640 WATCH GUARD VIDEO I-STDINV0002682 IN CAR VIDEO SYSTEMS 19160 WORKERS ASSISTANCE PROGRAM, INC. I-32369 MARCH 09 a, ERRORS: 0 ** T O T A L S REGULAR CHECKS: HANDWRITTEN CHECKS: PRE -WRITE CHECKS: DRAFTS: VOID CHECKS: NON CHECKS: CORRECTIONS: REGISTER TOTALS: TOTAL WARNINGS: 0 CHECK CHECK TYPE DATE R 3/27/2009 R 3/27/2009 R 3/27/2009 NO# DISCOUNTS 64 0.00 0 0.00 0 0.00 0 0.00 0 0.00 0 0.00 0 0.00 PAGE: 6 CHECK CHECK DISCOUNT AMOUNT NO# AMOUNT 507.16CR 039296 507.16 101038*00CR 039297 10,038.00 160.20CR 039298 160.20 CHECK AMT 116,836.69 0.00 0.00 0.00 0.00 0.00 0.00 116,836.69 TOTAL APPLIED 1161836,69 0.00 0.00 0.00 0.00 0.00 0.00 116,836.69 3/27/2009 6:08 PM A / P CHECK REGISTER PACKET: 02232 Regular Payments VENDOR SET: 99 BANK SB99 SB-ACCOUNTS PAYABLE FUND VENDOR NAME / I.D. DESC 18430 FIRST UNITED BANK I-MARCH09 JAN 21 - FEB 20 2009-BRAZ TOTAL ERRORS: 0 CHECK CHECK TYPE DATE R 3/27/2009 PAGE: 1 CHECK CHECK DISCOUNT AMOUNT NO# AMOUNT 322,847.78CR 039299 322,847,78 * * T 0 T A L S * * NO# DISCOUNTS CHECK AMT TOTAL APPLIED REGULAR CHECKS: 1 0000 322,847,78 322,847,78 HANDWRITTEN CHECKS: 0 0000 0600 0000 PRE -WRITE CHECKS: 0 0,00 0,00 0,00 DRAFTS: 0 0000 0,00 0,00 VOID CHECKS: 0 0000 0600 0600 NON CHECKS: 0 0400 0000 0000 CORRECTIONS: 0 0.00 0000 0.00 REGISTER TOTALS: 1 0000 322,847.78 322,847*78 TOTAL WARNINGS: 0 COUNCIL AGENDA ITEM AGENDA TYPE M Regular ❑ Special ❑ Consent Reviewed by Finance ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal ❑ Yes ❑ Not Applicable ❑ Yes ❑ Not Applicable Council Meeting Date: April 6, 2009 Submitted By: Mike Brice City Manager Reviewed/Approval Initials❑ Date ACTION REQUESTED: ❑ORDINANCE # ❑ RESOLUTION APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ OTHER AGENDA CAPTION Authorize City Manager to Sign Agreed Order, Docket #2009-0183-MWD-E; Enforcement Case # 37147 with Texas Commission on Environmental Quality and pay $5,700.00 Penalty. FINANCIAL SUMMARY ❑N/A ❑GRANT FUNDS ❑OPERATING EXPENSE [:]REVENUE ❑CI P ❑BUDGETED ❑NON -BUDGETED FISCAL YEAR: PRIOR YEAR CURRENT YEAR FUTURE YEAR(S) TOTALS Proposed Expenditure Amount Encumbered Amount BALANCE FUND(S) TO BE USED: General ❑$ Utility ❑ $ Special ❑ $ BACKGROUND/SUMMARY OF ITEM As you are aware, TCEQ has levied a fine for exceeding our permit limits at the Wastewater Treatment Plant last August and September. The fine has been determined to be $5700.00. The problem has since been corrected and we have been in compliance since. TCEQ offers a program that allows us to direct the fine to certain pre -approved projects or entities. One of these is Keep Texas Beautiful. Staff recommends directing our fine to Keep Texas Beautiful, STAFF OPTIONS & RECOMMENDATION Staff recommends. List of Supporting Documents/Exhibits Attached: Agreed Order Prior Action/Review by Council, Boards, Commissions or Other Agencies: Buddy Garcia, Chairman Larry R. Soward, Commissioner Bryan W. Shaw, Ph.D., Commissioner Mark R. Vickery, P.G., E,recutive Director TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Protecting Texas bg Reducing and Preventing Pollution March 9, 2009 CERTIFIED MAIL -RETURN RECEIPT REQUESTED 91 7108 2133 3933 38471806 The Honorable Joe Higgs Mayor of Sanger Post Office Box 1729 Sanger, Texas 76266 Re: Notice of Enforcement Action City of Sanger; RN103014155 Docket No. 2009-0183-MWD-E; Enforcement Case No. 37147 FOR SETTLEMENT PURPOSES ONLY Dear Mayor Higgs: The Executive Director of the Texas Commission on Environmental Quality ("Commission" or "TCEQ") is pursuing an enforcement action against the City of Sanger for violations of the Texas Water Code, and/or Commission Rules. These violations were discovered during a record review conducted on December 17, 2008, and documented in a letter dated January 28, 2009, from the TCEQ Compliance Monitoring Team. Please find enclosed a proposed agreed order which we have prepared in an attempt to expedite this enforcement action. The order assesses an administrative penalty of Five Thousand Seven Hundred Dollars ($5,700), identifies the violations that we are addressing, and identifies any specific technical requirements necessary to resolve them. If you have any questions regarding this matter, we are available to discuss them in a conference in Austin or over the telephone. If we reach agreement in a timely manner, the TCEQ will then proceed with the remaining procedural steps to settle this matter. These steps include publishing notice of the proposed order in the Texas Register, and scheduling the matter for the Commission's agenda. We believe that handling this matter expeditiously could save the City of Sanger and the TCEQ a significant amount of time, as well as the expense associated with litigation. A copy of the order is provided for your files. Also enclosed for your convenience is a return envelope. If you agree with the order as proposed, please sign and return the original order and the penalty payment (check payable to "TCEQ" and referencing City of Sanger, Docket No. 2009-0183-MWD-E) to: P.O. Box 13087 • Austin, Texas 78711-3087 • 512-239-1000 • Internet address: www.tceq.state.tx.us printed on recycled paper using soy -based ink The Honorable Joe Higgs Page 2 March 9, 2009 Financial Administration Division, Revenues Attention: Cashier's Office, MC 214 Texas Commission on Environmental Quality P.O. Box 13088 Austin, Texas 78711-3088 Should you believe you are unable to pay the proposed administrative penalty, you may claim financial inability to pay part or all of the penalty amount. Please contact us immediately to obtain a list of financial disclosure documents that must be submitted within 30 days of the receipt of this letter. These documents, once properly completed and submitted, will be thoroughly reviewed to determine if we agree with the claim of financial inability. Please be aware that if financial inability is proven to the satisfaction of staff, discussions pertaining to the penalty amount adjustment will focus only on deferral and not on waiver of the penalty amount. The Commission will make the final decision on the staff recommendation. You may be able to perform or pay for a Supplemental Environmental Project ("SEP"), which is a project that benefits the environment, to offset a portion of your penalty. If you are interested in performing a SEP, you must agree to the penalty amount and submit a SEP proposal within 30 days of receipt of this proposed order. For additional information about SEPs, please go to the TCEO's web site link at http://www.tceg.state.tx.us/legal/sep/index.html or contact the Enforcement Coordinator listed below. Please note that any agreements we reach are subject to final approval by the Commission. If we cannot reach a settlement of this enforcement action or you do not wish to participate in this expedited process, we IF with enforcement under the Commission's Enforcement Rules, 30 TEx. ADMIN. CODE ch. 70. Specifically, if the signed order and penalty are not mailed and postmarked within 60 days from the date of this letter, your case will be forwarded to the Litigation Division and this settlement offer will no longer be available. If you would like to obtain a copy of 30 TEx, ADMIN. CODE ch. 70 or any other TCEQ rules, you may contact any of the sources listed in the enclosed brochure entitled Obtaining TCEQ Rides. The enforcement process described in 30 TEx. ADMIN. CODE ch. 70 requires the staff to prepare and issue an Executive Director's Preliminary Report and Petition to the Commission. The Honorable Joe Higgs Page 3 March 9, 2009 For any questions or comments about this matter or to arrange a meeting, please contact Ms. Jennifer Graves of my staff at 956430-6023. Sincerely, Susan Johnson, Manager Enforcement Division Texas Commission on Environmental Quality Enclosures: Proposed Agreed Order, File Copy, Return Envelope, Obtaining TCEQ Rules, Penalty Calculation Worksheet, Site Compliance History cc: Mr. Sid Slocum, Manager, Water Section, Dallas/Fort Worth Regional Office, TCEQ Mr. Mike Brice, City Manager, City of Sanger, Post Office Box 1729, Sanger, Texas 76266 Mr. Robert Woods, City of Sanger Public Works Director and City Engineer, Post Office Box 1729, Sanger, Texas 76266 TEXAS COMMISSION ON ENVIRONMENTAL QUALITY IN THE MATTER OF AN § BEFORE THE ENFORCEMENT ACTION § CONCERNING § TEXAS COMMISSION ON CITY OF SANGER § RN103014155 § ENVIRONMENTAL QUALITY AGREED ORDER DOCKET NO.2009-0183-MWD-E At its agenda, the Texas Commission on Environmental Quality ("the Commission" or "TCEQ") considered this agreement of the parties, resolving an enforcement action regarding the City of Sanger ("the City") under the authority of TEX. WATER CODE chs. 7 and 26. The Executive Director of the TCEQ, through the Enforcement Division, and the City presented this agreement to the Commission. The City understands that it has certain procedural rights at certain points in the enforcement process, including, but not limited to, the right to formal notice of violations, notice of an evidentiary hearing, the right to an evidentiary hearing, and a right to appeal. By entering into this Agreed Order, the City agrees to waive all notice and procedural rights. It is further understood and agreed that this Order represents the complete and fully -integrated settlement of the parties. The provisions of this Agreed Order are deemed severable and, if a court of competent jurisdiction or other appropriate authority deems any provision of this Agreed Order unenforceable, the remaining provisions shall be valid and enforceable. The duties and responsibilities imposed by this Agreed Order are binding upon the City. The Commission makes the following Findings of Fact and Conclusions of Law: I. FINDINGS OF FACT 1. The City owns and operates a wastewater treatment facility located southeast of the City of Sanger, approximately 1,000 feet south of Jones Street and approximately 1,500 feet east of the Atchison, Topeka, and Santa Fe Railroad in Denton County, Texas (the "Facility"). City of Sanger DOCKET NO. 2009-0183-MWD-E Page 2 2. The City has discharged municipal waste into or adjacent to any water in the state under TEX. WATER CODE ch. 26 3. During a record review on December 17, 2008, TCEQ staff documented the following from the self -reported monthly discharge monitoring reports ("DMR"): y EEk'LUENT VIOI,ATIQ���BI�J� lYD �y Avg �tHs l�Da�ly �� ��'iY��x ,�nrgle M h Luru1(zlbsld�y Limit 2 0 SngJNOW"g7U 67.814 y 15.7126.0 SJ3 008 28.13 5.82 12.6 avg. = average max. = maximum conc. = concentration NMN = ammonia nitrogen lbs/day = pounds per day mg/L = milligrams per liter 4. The City received notice of the violations on February 5, 2009. 5. The Executive Director recognizes that the City has implemented the following corrective measures at the Facility: a. On August 25, 2008, removed, repaired and re -installed a blower in the aeration basin; and b. During September 2008, returned to compliance with the permitted effluent limitations of Texas Pollutant Discharge Elimination System ("TPDES") Permit No. WQ00143720019 II. CONCLUSIONS OF LAW 1. The City is subject to the jurisdiction of the TCEQ pursuant to TEx. WATER CODE chs. 7 and 26 and the rules of the Commission. 2. As evidenced by Findings of Fact No. 3, the City failed to comply with the permitted effluent limitations, in violation of TEX. WATER CODE § 26.121(a), 30 TEx. ADMIN. CODE § 305.125(1), and TPDES Permit No. WQ0014372001, Effluent Limitations and Monitoring Requirements No. 1. 3. Pursuant to TEx. WATER CODE § 7.051, the Commission has the authority to assess an administrative penalty against the City for violations of the Texas Water Code within the Commission's jurisdiction; for violations of rules adopted under such statutes; or for violations of orders or permits issued under such statutes. 4. An administrative penalty in the amount of Five Thousand Seven Hundred Dollars ($5,700) is justified by the facts recited in this Agreed Order, and considered in light of the factors set forth in TEx. WATER CODE § 7.053. The City has paid the Five Thousand Seven Hundred Dollar ($5,700) administrative penalty. City of Sanger DOCKET NO, Page 3 NOW, ORDERS that: 2009-0183-MWD-E IIL ORDERING PROVISIONS THEREFORE, THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY 1. The City is assessed an administrative penalty in the amount of Five Thousand Seven Hundred Dollars ($5,700) as set forth in Section Il, Paragraph 4 above, for violations of TCEQ rules and state statutes. The payment of this administrative penalty and the City's compliance with all the terms and conditions set forth in this Agreed Order completely resolve the violations set forth by this Agreed Order in this action. However, the Commission shall not be constrained in any manner from requiring corrective actions or penalties for other violations that are not raised here. Administrative penalty payments shall be made payable to "TCEQ" and shall be sent with the notation "Re: City of Sanger, Docket No. 200M183-MWD-E" to: Financial Administration Division, Revenues Section Attention: Cashier's Office, MC 214 Texas Commission on Environmental Quality P.O. Box 13088 Austin, Texas 78711-3088 2. The provisions of this Agreed Order shall apply to and be binding upon the City. The City is ordered to give notice of the Agreed Order to personnel who maintain day-to-day control over the Facility operations referenced in this Agreed Order. 3. The Executive Director may refer this matter to the Office of the Attorney General of the State of Texas ("OAG") for further enforcement proceedings without notice to the City if the Executive Director determines that the City has not complied with one or more of the terms or conditions in this Agreed Order. 4. This Agreed Order shall terminate five years from its effective date or upon compliance with all the teens and conditions set forth in this Agreed Order, whichever is later. 5. This Agreed Order, issued by the Commission, shall not be admissible against the City in a civil proceeding, unless the proceeding is brought by the OAG to: (1) enforce the terms of this Agreed Order; or (2) pursue violations of a statute within the Commission's jurisdiction, or of a rule adopted or an order or permit issued by the Commission under such a statute. 6. This Agreed Order may be executed in multiple counterparts, which together shall constitute a single original instrument. Any executed signature page to this Agreed Order may be transmitted by facsimile transmission to the other parties, which shall constitute an original signature for all purposes under this Agreed Order. 7. The Chief Cleric shall provide a copy of this Agreed Order to each of the parties. By law, the effective date of this Agreed Order is the third day after the mailing date, as provided by 30 TEx. ADMIN, CODE § 70.10(b) and TEx. GOV'T CODE § 2001.1429 City of Sanger DOCKET NO, 2009-0183-MWD-E Page 4 SIGNATURE PAGE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY For the Commission For the Executive Director Date I, the undersigned, have read and understand the attached Agreed Order in the matter of City of Sanger. I am authorized to agree to the attached Agreed Order on behalf of City of Sanger, and do agree to the specified terms and conditions. I further acknowledge that the TCEQ, in accepting payment for the penalty amount, is materially relying on such representation. I understand that by entering into this Agreed Order, City of Sanger waives certain procedural rights, including, but not limited to, the right to formal notice of violations addressed by this Agreed Order, notice of an evidentiary hearing, the right to an evidentiary hearing, and the right to appeal. I agree to the terms of the Agreed Order in lieu of an evidentiary hearing. This Agreed Order constitutes full and final adjudication by the Commission of the violations set forth in this Agreed Order. I also understand that failure to comply with the Ordering Provisions, if any, in this order and/or failure to timely pay the penalty amount, may result in: • A negative impact on compliance history; • Greater scrutiny of any permit applications submitted; • Referral of this case to the Attorney General's Office for contempt, injunctive relief, additional penalties, and/or attorney fees, or to a collection agency; • Increased penalties in any future enforcement actions, • Automatic referral to the Attorney General's Office of any future enforcement actions; and • TCEQ seeking other relief as authorized by law. In addition, any falsification of any compliance documents may result in criminal prosecution. Signature Name (Printed or typed) Authorized Representative of City of Sanger Date Title Instructions: Send the original, signed Agreed Order with penalty payment to the Financial Adminishation Division, Revenues Section at the address in Section IV, Paragraph 1 of this Agreed Order. --•saw ..,.,r,. .�,.... _.. _. �... -�-� ._". .-':,» ....., ...,..,. �,_ -_ — >;z,a;. .,�.z �-r _ v -�'>s-, !' z r i tff`"_'-,. yn r._..x•,`' zF..;ri-. t)ti .'-.sx• _,. L 'S' ,' ... 'x :�i2-_ "Y'Y',"r�' ,'% . ,, f' _ _ f ..4 r'i _ RESPONDENT INFORMATION TCEQ Docket No. 2009-0183-MWD-E Application date April 6, 2009 TCEQ Enforcement Case No. Name of Applicant: (Please provide full legal name of your Organization) City of Sanger Type of business organization (corporation, Government, 501(c)3, etc.) Local Municipality Name of the facility where the subject violation occurred City owned Wastewater Treatment Plant Mailing Address E-Mail Address mbriceU)sanaertexas.org P.O. Box 1729 City Sanger ZIP Code: 76266 County: Denton Contact Person: Mike Brice Enforcement Coordinator Ms. Jennifer Graves City Manger (Name and telephone for person to call for questions) 940A581930 SEP Coordinator Ms. Melissa Keller COMPLIANCE HISTORY: Described at http://www tees state tx us/compliance/enforcement/historylaboutwhtmi) Brief summary of all previous enforcement orders, medium (air, water, or waste), compliance status. Provide TCEQ or EPA permit/account numbers. This section will be completed by TCEQ staff. NATURE OF VIOLATION/PROBLEM Nature of this enforcement action: (Briefsummary of the enforcement action so that TCEQ can evaluate appropriateness of project in relation to the violation.) This section will be completed by TCEQ staff. Final Penalty Amount: $ 5,700.00 SEP Amount: $ 5/700000 DESCRIPTION OF FIRST PROPOSED SEP The TCEQ Pre -Approved SEPs list, SEP projects by county, and the list of available Statewide SEPs can be viewed on the %TCEQ website at hEtp•//www tceq'state tx uslieoallsep/sepprojects htm[ Scroll down to our county and `you will ,see a list of projects from which you maY choose. If you do not see your county, listed, please go to Statewide SEPs. Statewide SEPs can be done in any county. You may choose to make a contribution to more than'one project. List each project separately below. Name of First Choice for Third Party Administrator Keep Texas Beautiful Name of Project to be Performed by Administrator Texas PTA Clean School Bus Program Description of SEP, if available Retrofit or replace diesel school bus engines with clean alternatives Medium, if known: (air, water, waste, etc.) Air Geographic Area to Benefit: (Counties, watersheds, non-attalnment areas) Entire State Specific Location of SEP Project: Please provide a detailed description N/A Amount Your Organization Would Like to Contribute to this Project $ 5700 1 of 3 %Im WE a o �nCat ` n ?/ MEMO a � k...-, DESCRIPTION OF SECOND PROPOSED SEP Name of Second Choice for Third Party Administrator N/A Name of Project to be Administered by this Administrator NIA Description of SEP, if available N/A Medium, if known (air, water, waste, etc) N/A Geographic area to benefit N/A Specific Location of SEP Project: Please provide a detailed description N/A Amount Your Organization Would Like to Contribute to this Project $ N/A DESCRIPTION OF THIRD PROPOSED SEP Name of Third Party Administrator N/A Name of Project to be Administered by this Administrator N/A Description of SEP, if available N/A Medium, if known (air, water, waste, etc) N/A Geographic area to benefit N/A Specific Location of SEP Project: Please provide a detailed description N/A Amount Your Organization Would Like to Contribute to this Project $ N/A BUDGET SUMMARY -Double click on the table to overwrite the sample data Name of 3rd Party Project How Cost of Each County Preference Total for this item many? Keep Texas Beautiful 1 $5,700 Denton $ 5,700.00 Total anticipated contributions $ 5,700.00 NOTE: Do not send contributions before you receive a signed Order from the Chief Clerk of the Commission. After you receive the signed Order, please send your contribution to the 3rd Party Administrator & a copy to TCEQ. 2 of 3 ' r..y: ��..x- r �-� � i ��� : "...-P .�. - ' - ".:—t—' ixy�]' a � �..X S 'i'.'-';i.4� �- _a.^ s +Y. -,2' '"W +•3 L e. .,;; Gt- siftsn�a r 3' co?y,'s ._i�n�< PREVIOUS COMMITMENT CERTIFICATION: NO SEPARATE REQUIREMENT OR PRIVATE COMMITMENTS I certify on behalf of the Respondent that the Respondent has not previously committed to perform this project including a previous obligation to complete the proposed SEP or make the proposed contribution: 1e under any applicable local, state, or federal regulations that would require implementation of this project or any part of this project; and 2. as a part of: a. a pollution prevention commitment identified in a plan developed pursuant to the state's Waste Reduction Policy Act (WRPA); b. a commitment made under the Clean Texas Program; or c. the U.S. Environmental Protection Agency's Project XL or any other incentive or regulatory flexibility program. (Y/N) (See littp://wwv>r tcecr state to us/leoal/Seri/reCnpDronosal.hf:mI for links and information about the WRPA, Clean Texas, and Project XL Programs.) Certification statement: Please accept this implementation plan for the SEP as a certification that the information is true and correct and that the proposed project is being undertaken solely as part of the settlement of the enforcement action. Mr. Mike Brice Name, Title Printed Name Date FUNDING CERTIFICATION: NO PRIOR MONETARY COMMITMENTS OR SEPARATE FUNDING Provide the following separate certification that no funding has been budgeted to the project prior to the approval of the SEP, nor will the SEP portion of the proposed project be funded by grants, donations, low interest loans, or other sources of funding attributable to the respondent's normal budgetary process without prior notice to the TCEQ Office of Legal Services. Please accept this implementation plan for the SEP as a certification that no funding has been previously budgeted to the project prior to its approval by the TCEQ, and that the project will not receive duplicative funding by grants or donations from any source. Mr. Mike Brice Name, Title Printed Name Date CITY OF SANGER COUNCIL AGENDA ITEM AGENDA TYPE ® Regular ❑ Special Consent Reviewed by Finance ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by LegalLj TTYes Not Applicable Yes I Not Applicable Council Meeting Date: Submitted By: April 6. 2009 Rose Chavez City Manager Reviewed/Approval Initials Date .- ACTION REQUESTED: ®ORDINANCE #04-04-09 ❑ RESOLUTION # ® APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ElAPPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ OTHER AGENDA CAPTION 1. Consider and Possible Action on Adopting Ordinance #04-04-09 Amending article 4.00 of Appendix A "Fee Schedule" of the Code of Ordinances of the City of Sanger, Texas, Amending Article 4.00 Utility Related Fees, Section 4.101 Utility Connection Fees, Section 4.103 Utility Service (b), and 4.402 Electric Service Connections; Providing for the Repeal of All Ordinances in Conflict; Providing a Severability Clause, and Providing for an Effective Date. 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 El $ Special El$ BACKGROUND/SUMMARY OF ITEM The amendments to the original ordinance basically changed the wording from "connect fees and reconnect fees" to "service fees". It also clarified the intent of the ordinance regarding the service fee assessed to all water and electric customers whose service bill has not been paid by the 27th of the month, whether the service has been disconnected or not. Mr. Dillard, our City Attorney has reviewed the amendments to ordinance and has given his 22proval. MEMOMP STAFF OPTIONS & RECOMMENDATION Recommends approval List of Supporting Documents/Exhibits Attached: Prior Action/Review by Council, Boards, Commissions or Other MMME Agencies: ORDINANCE 04-04-W AN ORDINANCE OF THE CITY OF SANGER, TEXAS, AMENDING ARTICLE 4.000 OF APPENDIX A "FEE SCHEDULE" OF THE CODE OF ORDINANCES OF THE CITY OF SANGER, TEXAS, AMENDING ARTICLE 4.000 UTILITY RELATED FEES, SECTION 4.101 UTILITY CONNECTION FEES, SECTION 4.103 UTILITY SERVICE FEES (b), AND 4.402 ELECTRIC SERVICE CONNECTIONS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: Section 1. That Article 4.000, Appendix A "Fee Schedule" of the Code of Ordinances, City of Sanger, Texas, is hereby amended to read as follows: ARTICLE 4.000 UTILITY RELATED FEES Division 4.100 Generally Sec. 4.101 Utility Reconnection Fees Service may be discontinued upon ten days written notice to customers having past due bills on the twenty-seventh day of the month of billing. In addition, a thirty dollar ($30.00) service fee will be assessed to all water customers and a thirty dollar ($30.00) service fee will be assessed to all electric customers whose service bill has not been paid by the twenty-seventh of the month of billing, whether the service has been disconnected or not. Sec. 4.103 Utility Service Fees (b) After -Hours Utility Service Fee. A customer who requests a utility service connection or disconnection after 4:00 p.m., where the connection or disconnection is due to no fault of the city, will be charged a service fee of $50.00 in addition to the $30.00 service fee on each service. Sec. 4.402 Electric Service Connections Electrical service connection fees shall be as follows: (1) Service Fee. New customers and customers moving within the system: $30.00. (2) Temporary Service Fee. Paid upon request for service by a contractor for a remodel or a landlord. $30.00 each service. Temporary service is only good for thirty (30) days. (3) Service Fee. To customer who is disconnected for nonpayment or who has not paid by the end of business on the 27�' and reconnected, or customer requesting disconnect and reconnect for remodeling or upgrading electrical wiring: $30.00 each service. Section 2. All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. Section I 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 4. This ordinance will take effect immediately from and after its passage, as the law and Charter in such cases provide. PASSED AND APPROVED this 21st day of April 2008 by the City Council of the City of Sanger, Texas, ATTEST: Rosalie Chavez, City Secretary APPROVED: Joe Higgs, Mayor CITY OF SANGER COUNCIL AGENDA ITEM AGENDA TYPE ® Regular ❑ Special ❑ Consent Reviewed by Finance ❑ Yes ® Not Applicable ❑ Workshop ❑ Executive El Hearing Reviewed by Legal ❑ Yes ❑ Not Applicable Council Meeting Date: Submitted By: April 6, 2009 Joseph D. Iliff, AICP City Manager Reviewed/Approval Initials Date - f ACTION REQUESTED: ®ORDINANCE ❑ RESOLUTION # ❑ APPROVAL _04-05-09` ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ OTHER AGENDA CAPTION Conduct a public hearing, consider and possibly take action on a request for a Specific Use Permit for a Quick Service Food & Beverage Shop within an I-1 Industrial District on property legally described as Tract 140 of the Rueben Beebee Survey, located at the southeast corner of the intersection of 5th Street and 6th Street FINANCIAL SUMMARY ®N/A ❑GRANT FUNDS ❑OPERATING EXPENSE ❑REVENUE ❑CI P ❑BUDGETED ❑NON -BUDGETED BACKGROUND/SUMMARY OF ITEM The applicant, Adam North, is proposing to install and operate a snow -cone stand on a property along 5t' Street across from Dollar General. The property is undeveloped and zoned I4 Industrial District. A snow - cone stand requires a Specific Use Permit (SUP). The applicant is proposing to operate a snow -cone stand from April 2009 to September 2009, Monday through Saturday from 2*00 PM to 8:30 PM. The applicant is not proposing to construct a driveway or parking lot, just to install a stand measuring 10 feet by 18 feet. STAFF OPTIONS & RECOMMENDATION Customers traveling to the site by car must be able to pull off the adjacent streets, and can not be permitted to block the flow of traffic. Customers should not park their cars on site for long periods of time. Employees should park in a paved parking lot nearby with the owner's consent. Staff recommends approval of the proposed Specific Use Permit with the following conditions: 1. The business be limited to the sale of snow -cones and similar confections 2. The sale of snow -cones be conducted from a snow -cone stand not larger than 180 square feet 3. The snow -cone stand be installed on site no earlier than April 1, 2009 and removed no later than September 11, 2009 4. The property be maintained in condition such that customers' cars do not block the flow of traffic on adjacent streets, and employee's cars are parked in a paved parking lot off site with the consent of the owner of that property. List of Supporting Documents/Exhibits Attached: Prior Action/Review by Council, Boards, Commissions or Other • Ordinance 04-05-09 Agencies: • Planning & Zoning Commission Staff Report On Monday, March 30, 2009 the Planning & Zoning Commission • Specific Use Permit request, site plan, and pictures from conducted a public hearing and recommended approval of the Specific applicant Use Permit with the conditions listed in Staff Options and • Notification list and map Recommendation, mmmmwi AN ORDINANCE OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND CENTRAL ZONING MAP, AS HERETOFORE AMENDED, BY GRANTING A SPECIFIC USE PERMIT FOR A QUICK -SERVICE FOOD AND BEVERAGE SHOP WITHIN AN I-1 INDUSTRIAL DISTRICT ON PROPERTY LEGALLY DESCRIBED AS TRACT 140 OF THE RUEBEN BEEBEE SURVEY, PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, all Requests for Changes in Zoning Classifications were duly filed with the City of Sanger, Texas, concerning the hereinafter described properties; WI-IEREAS, 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 VVI�REAS, 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 Tract 140 of the Rueben Beebee Survey. Section 2 A Specific Use Permit for aquick-service food and beverage shop is herby granted for the above described property within an I-1 Industrial District, subject to the following conditions: 1. The shop be limited to the sale of snow -cones and similar confections 2. The sale of snow -cones be conducted from a snow -cone stand not larger than 180 square feet 3. The snow -cone stand be installed on site no earlier than April 1, 2009 and removed no later than September 11, 2009 4. The property be maintained in condition such that customers' cars do not block the flow of traffic on adjacent streets, and employee's cars are parked in a paved parking lot off site with the consent of the owner of that property. 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 %J 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 6th day of April, 2009. --FOR REVIEW ONLY- - Mayor Joe Higgs ATTEST: --FOR REVIEW City -- City Secretary Meeting Date: Subject: March 9, 2009 Prepared by: Joseph D. Iliff, AICP Conduct a public hearing, consider and possibly take action on a request for a Specific Use Permit for a Quick Service Food & Beverage Shop within an I-1 Industrial District on property legally described as Tract 140 of the Rueben Beebee Survey, located at the southeast corner of the intersection of Sth Street and 6th Street The applicant, Adam North, is proposing to install and operate asnow-cone stand on a property along 5t' Street across from Dollar General. The property is undeveloped and within an I4 Industrial District on the Zoning Map. There is no paved driveway or parking area on the property. A snow -cone stand is considered a Quick Service Food and Beverage Shop under the Zoning Ordinance, requiring a Specific Use Permit (SUP). It is a permitted use with the property's I4 Industrial District with an SUP. PROPOSED ACTION The applicant is proposing to operate asnow-cone stand from Apri12009 to September 2009, Monday through Saturday from 2:00 PM to 8:30 PM. The applicant is not proposing to construct a driveway or parking lot, just to install a stand measuring 10 feet by 18 feet. If an SUP is granted, the snow -cone stand will be required to comply with the building, electrical, and health codes. Also, the operator will be required to obtain permission from a neighboring business to allow employees and customers to use their restroom facilities while the stand is in operation. STAFF CONIlYIENTS Customers traveling to the site by car must be able to pull off the adjacent streets, and can not be permitted to block the flow of traffic. Customers should not park their cars on site for long periods of time. Any employees or operators should park in a paved parking lot, preferably from the same business allowing access to their restrooms for employees. Due to the seasonal nature of the busi Dness, any SUP granted should include strict time limits as to when the stand can be installed and operated, and a deadline for removal. Any SUP should also be limited to permitting only the sale of snow -cones, limited to the structure described by the applicant. Page 1 of 3 I STAFF .. O Staff recommends approval of the proposed Specific Use Permit with the following conditions: 1. The business be limited to the sale of snow -cones and similar confections 2. The sale of snow -cones be conducted from asnow-cone stand not larger than 180 square feet 3. The snow -cone stand be installed on site no earlier than April 1, 2009 and removed no later than September 11, 2009 4. The property be maintained in condition such that customers' cars do not block the flow of traffic on adjacent streets, and employee's cars are parked in a paved parking lot off site with the consent of the owner of that property. POSSIBLE COMIVIISSION ACTION The Planning &Zoning Commission can recommend approval or denial of the proposed Specific Use Permit to the City Council. The Planning & Zoning Commission can recommend approval with conditions for how the property is improved and how the business is operated. f �:� � 5L�1111�7 �l ill ll il.i���Jl M C�7`►�.`7 The City Council is scheduled to conduct a public hearing and consider this request at their regular meeting on Monday, March 16' at 7*00 PM at City Hall (502 Elm Street), Page 2 of 3 Page 3 of 3 Date: �I/';� ��U� Name: AO(luil NO Address:,, 51�7) C42, 2�62 Z Z pL(c 4r -rX �p &3q Phone: t S) �ca �— am requesting a on I SUP The purpose for this SUP is as follows: I CdVLAIA l." '4o t', <vAp.,ji* signature Date received Rec' d by: and legally described as %r / Li Post Office V') '�� ALFRED ASHCRAFT ). BOX 1019 SANGER TX 76266-1018 KARL KLEMENT PROPERTIES INC P.O. BOX 505 DECATUR TX 76234-0505 DOLORES BOWLING 909 N. 6TH STREET SANGER TX 76266-8804 ISIDORO C.JUAREZ 907 N. 6TH STREET SANGER TX 76227-3305 JOHN W. COKER P.O. BOX 456 -' kNGER TX 76266-0456 DONNIE MERRIFIELD 1009 N. 5TH STREET SANGER TX 76266-9785 RJ SODHI INC P.O. BOX 1113 SANGER TX 76266-1113 DAMES CONLEY P.O. BOX 340 SANGER TX 76266 BETTY EASLEY 11317 SAM BASS ROAD SANGER TX 76266-3936 J. JESUS CANCINO 9185 GREEN SPRINGS CIRCLE SANGER TX 76266-5835 JEWELL FRIZZELL 911 N. 6TH STREET SANGER TX 762664804 OPAL ASHCRAFT P.O. BOX 1018 SANGER TX 76266-1018 CHUCK & LORI GALBREATH 111 W. HOLT SANGER TX 762664001 SIEGFRIED REALTY PARTNERS 1924 S. UTICA AVENUE TULSA OK 74104-6510 DAMES GALBREATH 111 W. HOLT SANGER TX 762664001 MANUEL DOMIGUEZ 913 N. 6TH STREET SANGER TX 76266-8804 GEORGE & LINDA CAMPBELL 7700 ZACKERY ROAD AUBREY TX 76227-3305 RAIMON GUERRERO 608 S. GRAND AVENUE GAINESVILLE TX 76240-5516 SHARON COPELAND 1593 SHEPARD ROAD SANGER TX 762664536 DOLGENCORP OF TEXAS INC 100 MISSION RIDGE TAX DEPARTMENT GOODLETTSVILLE TN 37072- 2171 EAGLE FARMS INC 1204 W. UNIVERSITY DRIVE STE 400 DENTON TX 76201-1771 1 6I, T A. 291009 572792 IF 1 _}.� 201383 57282 60368 iI Alt s ._; 57284 {30354 57292 � 57877 .- 57852 57409 —i 57872 57858 57413 _ 57822 57802 50360 fdu 57415 -782157867 57414 tt! i 60352 C 57844 57837 57419 LL 5793$ 57924 — 57928 � " ` 77706 - 1kM, 57932 2KIM D@'t:V'7 A'/ F` J.:5 `i , .... �s 291008 239288 57943 CAM z t CITY OF SANGER COUNCIL AGENDA ITEM AGENDA TYPE ® Regular ❑ Special ❑ Consent Reviewed by Finance Yes Not Applicable ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal ❑ Yes Not Applicable Council Meeting Date: Submitted By: April 6, 2009 Joseph D. Iliff, AICP City Manager Reviewed/Approval Initials:-- Date -} ACTION REQUESTED: ❑ORDINANCE ❑ RESOLUTION # ❑ APPROVAL _04-06-09_ ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ OTHER AGENDA CAPTION Conduct a public hearing, consider and possibly take action on a request for a Specific Use Permit for Outside Display and Sales within a 13-2 Business District on property legally described as Tract 143 of the Henry Tierwester Survey, Abstract 1241. The subject property is located at 1301 Bolivar Street, the northeast corner of Bolivar Street and North Stemmons Street FINANCIAL SUMMARY ®N/A ❑GRANT FUNDS []OPERATING EXPENSE [:]REVENUE ❑CI P ❑BUDGETED ❑NON -BUDGETED BACKGROUND/SUMMARY OF ITEM The applicant, Keith Cobb, is proposing to operate a retail business selling fresh produce, plants, and outdoor furniture on the property at the northeast corner of Bolivar Street and Interstate 35. The applicant is proposing to display and sell merchandise outside which requires an SUP. The applicant has listed specific products as being proposed for outside display or sale. The applicant is proposing to install awnings or shade structures and tables for display of merchandise within the fenced area. The applicant is planning to use a refrigerated trailer on the site for maintaining items needing cold storage. The City can apply a requirement for additional parking. Outside display and sale area can be sources of litter or visual clutter if not regularly maintained in clean condition. STAFF OPTIONS & RECOMMENDATION Staff recommends approval of the proposed Specific Use Permit with the following conditions: 1. Outside Display and Sales shall be limited to the following products: • Fresh produce • Outdoor Furniture • Bedding plants • Nuts & Jellies • Flower pots • Yard Art • Trees • Firewood • Pumpkins • Nursery supplies 2. The applicant provide at least 6 parking spaces on site for customers. 3. The applicant use inside storage for any products or merchandise that are not designed, intended, or in a state of repair such that they can be kept outside when the business is closed. List of Supporting Documents/Exhibits Attached: Prior Action/Review by Council, Boards, Commissions or Other • Ordinance 04-06-09 Agencies: • Planning & Zoning Commission Staff Report On Monday, April 6, 2009 the Planning & Zoning Commission • Specific Use Permit request and site plan from applicant conducted a public hearing and recommended approval of the • Notification list and map Specific Use Permit with the conditions listed in Staff Options • Public Comment Forms (3) & Recommendations. ORDINANCE 04=06=09 AN ORDINANCE OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND CENTRAL ZONING MAP, AS HERETOFORE AMENDED, BY GRANTING A SPECIFIC USE PERMIT FOR OUTSIDE DISPLAY AND SALES WITHIN A 11-2 BUSINESS DISTRICT ON PROPERTY LEGALLY DESCRIBED AS TRACT 143 OF THE HENRY TIERWESTER SURVEY, PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE. 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 Tract 143 of the Henry Tierwester Survey. Section 2 A Specific Use Permit for outside display and sales is herby granted for the above described property within a 13-2 Business District, subject to the following conditions: 1. Outside display and sales shall be limited to the following products: • Fresh produce • Outdoor Furniture • Bedding plants • Nuts & Jellies • Flower pots • Yard Art • Trees • Firewood • Pumpkins • Nursery supplies 2. The applicant provide at least 6 parking spaces on site for customers. 3. The applicant use inside storage for any products or merchandise that are not designed, intended, or in a state of repair such that they can be kept outside when the business is closed. 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 6th day of April, 2009. --FOR REVIEW ONLY -- Mayor Joe Higgs ATTEST: --FOR REVIEW ONLY -- City Secretary geh EXAS PLANNINU & ZONING COMMISSION STAFF REPORT Meeting Date: 1 March 9, 2009 I Prepared by: I Joseph D. Iliff, AICP Conduct a public hearing, consider and possibly take action on a request for a Specific Use Permit for a Specific Use Permit for Outside Display and Subject: Sales within a B-2 Business District on property legally described as Tract 143 of the Henry Tierwester Survey, Abstract 1241. The subject property is located at 1301 Bolivar Street, the northeast corner of Bolivar Street and North Stemmons Street D : .tl1�71111►`17 The applicant, Keith Cobb, is proposing to operate a retail business selling fresh produce, plants, and outdoor furniture on the property at the northeast corner of Bolivar Street and Interstate 35 (North Stemmons Street). The applicant is proposing to display and sell merchandise outside. Outside Display and Sales requires a Specific Use Permit (SUP) within the B-2 Business District. The site is bounded by Bolivar Street on the south, Interstate 35 on the west, Elm Street on the north, and 13` Street on the east. The property has an existing 588 square foot building and chain link fence. The property is within a B-2 Business District on the Zoning Map. There is a driveway opening to the Interstate 35 frontage road. There is a wide paved driveway to Bolivar Street along the median dividing the road. PROPOSED ACTION The applicant is proposing to use the existing building and fenced area for the sale of their merchandise. he applicant is not proposing to remodel the existing building or fence. The applicant is not proposing to improve the existing paved parking area. The applicant is proposing to install one or more awnings or shade structures and tables for display of merchandise within the fenced area on site. The applicant is proposing to use an existing refrigerated trailer on the site for maintaining items needing cold storage. STAFF COMMENTS Retail sale is permitted within the B-2 Business District. A Specific Use Permit is required for the display and sale of merchandise outside. The applicant has listed the following merchandise as being proposed for outside display or sale: • Fresh produce • Bedding plants • Flower pots Page 1 of 4 • Outdoor furniture • Nuts • Jellies The merchandise to be displayed and sold outside can be specified in the SUP. Retail sales conducted inside the existing 588-square foot building would be required to have only 3 parking spaces under the Zoning Ordinance (1 per 200 square feet). The Zoning Ordinance doesn't prescribe a required parking ratio for outside display and sales area. As part of granting an SUP, the City can apply a requirement for additional parking, based on the size and nature of the business. Outside display and sale area can be sources of litter or visual clutter if not regularly maintain in clean condition. Merchandise that is not designed to remain outside all the time can become unsightly or a litter problem if not stored inside overnight or when the business is closed. Staff recommends approval of the proposed Specific Use Permit with the following conditions: l . Outside Display and Sales shall be limited to the following products: • Fresh produce • Bedding plants • Flower pots • Outdoor Furniture • Nuts • Jellies 2. The applicant provide at least 6 parking spaces on site for customers. 3. The applicant use inside storage for any products or merchandise that are not designed, intended, or in a state of repair such that they can be kept outside when the business is closed. POSSIBLE COMIVIISSION ACTION The Planning &Zoning Commission can recommend approval or denial of the proposed Specific Use Permit to the City Council. The Planning &Zoning Commission can recommend approval with conditions for how the property is improved and how the business is operated. EXPECTED FUTURE ACTIONS T'he City Council is scheduled to conduct a public hearing and consider this request at their regular meeting on Monday, March 16`" at '7:00 PM at City Hall (502 Elm Street). Page 2 of 4 �� F �.; �' Date:'Q� Name..�cp Address:, Phone: I am requesting a SUP on property located at � (pQ U . S�nmC�S, and legally described as purpose for this SUP is as follows: 0 MUST BE ATTACHED. signature Date received 0, �;- Rec' d by: i . ? , . N c 7 n u :,' u �' �� C �' S n c Q1 L c• .� a, � o V \\ c, �� {j � O m v - �- rc� b !7 C C\ C+ Ol C C7. ELK RIVER - SANGER II LP 3311 N. 1-35 0TE 140 NTON TX 76207-2004 DAMES W. BEAVERS 9377 FM 455 W SANGER TX 76266-2626 SKD FAMILY PARTNERS 11584 EAGLE VIEW DRIVE SANGER TX 76266-2976 TROIKA INC P.O. BOX 1144 LAKE DALLAS TX 750654144 JIM BEAVERS P.O. BOX 703 SANGER TX 76266 ASSEMBLY OF GOD CHURCH 1204 ELM STREET SANGER TX 762664636 DAJ RENTALS LTD C/O JOHN CLAY JOHNSON P.O. BOX 1603 DENTON TX 76202 JOHN & ELIZABETH SPRINGER P.O. BOX 248 SANGER TX 76266-0248 GARY NEU & STEVE HOLLINGSWORTH P.O. BOX 369 SANGER TX 76266-0639 130755 _ .5722.3 219003 149392 f PE; A J 87 __--_ PECAN fit 57095 --- 1 571151.57112 1 F 5814Z, 112944 _ 57083 57121�572011 E p 57108 57100 -- 78598 i 7 803 T i o 57123 '149393 58110 j .58119 1 5813 "— 7s30_------- � i "`.57127 58092 5811,3 - 58123 (— , 78501 178604 58118 _ 243178 58127 4 5 W EELM3T ar ILL It 57091 58780 iI is i ' 58199 58 o 58100 1 58174 134537 1 Sc:U n 57135 581r9 1.30250 -� rx pins � 58187 i 11 -- ru L, 57133 F _ 0' 57173 .57176 57183 .57180 57189 5; 4! R 3T - - - � SaLIVAR 3'F M- mz 193803 57031 193805 157022 112875 112880 57037 a� M 193803 ( I 112,972'57 ,� 193804 i57025 L +L� 77321 112838) M l� 579941 57991 ..57980.57982 579771 57973—'— _tcJ 114 h'CLC C(Gr\%, 111"RIFLIE 171FORM TO: Planning & Zoning Commission and City Council PROM:i— A request for a Specific Use Permit for Outside Display and Sales within a B-2 Business District on property legally described as Tract 143 of the Henry Tierwester Survey, Abstract 1241, located at 1301 Bolivar Street, PUBLIC COMMENTS: I support the request I oppose the request [ neither support nor oppose the request. COIvIl�RENTS &QUESTIONS Return form to the Department of Development Services 201 Bolivar Street (street address) 940-458-2059 (phone) PO Box 1729 (mailing address) 940-458-4072 (fax) Sanger, Texas 76266 jiliff@sangertexas.org RESP'OINSE FORA[ To: From: City of Sanger Planning & Zoning Commission Date: — C7 Re: Public hearing to consider rezoning request Proposed Rezoning: Speck Use Permit for Outside Display and Sales within a B-2 Business District Subject Property: Tract 143 of the henry Tierwester Survey, Abstract 1241, located at 1301 Bolivar Street, the northeast corner of Bolivar Street and North Stemmons Street, Public Hearings: March 9, 2009 at 7:00 PM at 201 Bolivar Street and March 16, 2009 at 7:00 PM at 502 Elm Street Comments: I support the proposed rezoning I oppose the proposed rezoning Please return to City of Sanger Development Services P.O. Box 1729 201 Bolivar St Sanger, TX 76266 940458-2059 RE' SPONSF FORM To: City of Sanger Planning & From:�i L Y Date. Iz:'D ing Commission PTVC/2-5 . z Re: Public hearing to consider rezoning request Proposed Rezoning: SpPe;fic TtsP PPrWit fer r;ut;ide ;Zisplay and Sales within a B-2 Business District Subject Property: Tract 143 of the Henry Tierwester Survey, Abstract 1241, located at 1301 Bolivar Street, the northeast corner of Bolivar Street and North Stemmons Street, Public Hearings: March 9, 2009 at 7:00 PM at 201 Bolivar Street and March 16, 2009 at 7:00 PM at 502 Elm Street I support the proposed rezoning I oppose the proposed rezoning Please return to City of Sanger Development Services P.O. Box 1729 201 Bolivar St Sanger, TX 76266 940458-2059 e 2009 Population Estimates (January 1, 20091 City of Sanger Estimated Average Total Occupancy Household Group Estimated Housing Rate Size Quarters Population Housing Type Units 1/1/09 1/1/09 1/1/09 1/1/09 1/1/09 Single Family 21053 04937 2.72 51232 Multi family 362 0.941 2.78 947 Other 264 0.983 2668 695 65 The 2009 Population estimate is calculated as 69939 The 2009 Population estimate will be published as* 61950 (NCTCOG published estimates are rounded to the nearest multiple of 50)