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)