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04/19/2004-CC-Agenda Packet-Regular1. 2. 3. AGENDA CITY COUNCIL MONDA I , APRH.19, 2004 7*00 P.M. 201 BOLIVAR Call Meeting to Order, Invocation, Pledge of Allegiance. a) Approve Minutes: b) Disbursements Citizen's Input. CONSENT AGENDA April 5, 2004 4. Consider and Possible Action on Habitat for Humanity Request for Waiver of Fees and Exterior Facade Requirements, 5. Consider and Possible Action on Update from Matt Sonmezler on the Sidewalk Plan. 6. Conduct Public Hearing to Consider a Re -Plat on Property Legally Described as Lots 4,5 and 6, Block 41, Original Town. Property is Located at the corner of 1st and Locust Streets, 7. Consider and Possible Action to Consider a Re -Plat on Property Legally Described as Lots 4,5 and 6, Block 41, Original Town. Property is Located at the corner of 1st and Locust Streets, 8. Conduct Public Hearing to Consider a Zoning Request Change from B1(Business -1) to B2 (Business-21) on Property Legally described as Abstract 1241, Tract 238 (Knight Addition, Lot 1, Block A). Property is located on the Corner of Freese Drive and Business 35 (Spur 138). 9. Consider and Possible Action to Consider a Zoning Request Change from B1(Business -1) to B2 (Business-21) on Property Legally described as Abstract 1241, Tract 238 (Knight Addition, Lot 1, Block A). Property is located on the Corner of Freese Drive and Business 35 (Spur 138). 10. Consider and Possible Action on a Preliminary Plat and a Final Plat for the Knight Addition. Located on the Corner of Freese Drive and Business 35 (Spur 138). 11. Consider and Possible Action on the Final Plat for Serendipity Place, Phase 2. Located Between Acker Street and Keaton Road on the South Side of F.M. 455. 12. Consider and Possible Action on the Final Plat for Heritage West, Phase 2 and 3. Located South of F.M. 455, West of Chisholm Trail Elementary 13. Consider and Possible Action on Ordinance #04-07-04 -Regarding Sprinkler System and Fire Alarm Requirements for Newly Constructed Commercial Buildings. 14. Consider and Possible Action on Ordinance #04-08-04 -Regarding Sprinkler Systems in Multi -Family Buildings. 15. Consider and Possible Action on Ordinance #04-09-04 - Regarding Placement of Gas Meters, Electric Meters, and Fences on Newly Constructed Single Family Dwellings. 16. Consider and Possible Action on Ordinance #04-10-04 - Regarding Regulations for Refuse Collection Containers. 17. Consider and Possible Action on Ordinance #04-04-04 -Amending Park and Open Space Regulations. 18. Consider and Possible Action on Budget Amendments. 19. Consider and Possible Action on Displaying the Old Fire Tanker Truck at the Dallas Museum. 20. Adjourn. Pursuant to the Texas Open Meetings Act, Chapter 551, Texas Government Code, one or more of the above items may be considered in executive session closed to the public. Any final action, decision or vote on such matter will be made in open session following thespnctusion of th"xertive session ������� '�� XRosalie Chavez, City `� l;` a & Time Posted This facility is wheelchair accessible and accessiltmg spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at (940) 458-7930 for further information. MINUTES: CITY COUNCIII APRIL 5, 2004 PRESENT: Mayor Tommy Kincaid, Councilman Andy Garza, Councilman Mike James, Councilman Joe Higgs, Councilman Glenn Ervin ABSENT: Councilman Jimmy Evans OTHERS PRESENT: City Manager Jack Smith, City Secretary/Assistant City Manager Rose Chavez, Administrative Assistant/Assistant City Secretary Samantha Renz, Water Wastewater Superintendent Eddie Branham, Electric Superintendent Mike Prater, Police Chief Curtis Amyx, Streets/Parks Superintendent John Henderson, Code Enforcement Officer Danny Cockrell, Woodrow Barton, Jerry Jenkins, Kenny Bounds, Greg Edwards, Curtis Amyx, Liz Springer, John Springer, Dale Tucker, Ken Perry, Shelley Rualnd, Zane Latham, Greg Russell, Joyce Norman, Charlie Norman 1. Mayor Called Meeting to Order, Councilman Higgs led the Invocation, followed by the Pledge of Allegiance. CONSENT AGENDA 2. a) Approve Minutes: February 17, 2004 -workshop, February 17, 2004, March 1, 2004 -workshop, March 15, 2004 b) Disbursements Councilman Garza moved to approve the Consent Agenda as presented. Councilman Ervin seconded. 3. Citizen's Input. Dale Tucker, 6568 Michael Road, indicated he has always called Sanger Texas his home. He spoke about the property between the railroad and Indian Lane. He did not believe the current infrastructure was ever considered, there is only one way in and one way out of the proposed subdivision and the eventual build out will require a traffic signal at FM 455 and Sable Creek Blvd. Demographically there will be a minimum of 825 automobiles traveling in and out daily. During peak times when students are going to school and with people going to work this intersection is a place of which should be avoided. It's not possible to always avoid those intersections during peak times. This will cause a back up of traffic. Considering the roads to be constructed in the development emergency service will be difficult. Safety should be a major concern. The development has a planned 12 acre park, with limited access. Citizens should live in a place that is part of the city, not that is within the city limits. He asked that the Planning and Zoning Commission release the information they used to approve the development. He asked that the borders of Indian Lane be completed as planned, and that infrastructure be established so that in the future development may be accessed from Willow Street and Bolivar Street. These are not proposals that should be considered from why we can't but rather how it can be done. ��oao �c�o-� `.J { Jerry Jenkins, 2507 Chippewa Trail, asked if the city could request another traffic survey at the intersection of F.M. 455 and 5' Street for consideration of a traffic light due to the increased traffic caused by the relocation of the high school. 4. Consider and Possible on Adoption of Resolution -Setting Date, Place and Time for Public Hearing on Proposed Annexations. Mayor read properties to be included on the resolution as follows: A. A1241A TIERWESTER1 TRACT 39 ACRES 83.7201 OLD DCAD SHT 6, TR 8 IN DENTON COUNTY TEXAS; AND B. A1241A TIERWESTER, TRACT 7, ACRES 9,84079 OLD DCAD SHT 6, TR 71 IN DENTON COUNTY TEXAS; AND C. A1241A TIERWESTER, TRACT 61 ACRES 10.00, OLD DCAD SHT 6, TR 215 IN DENTON COUNTY TEXAS; AND D. A0725A S.F. LYNCH, TRACT 13, ACRES 25.7346, OLD DCAD TR 2,2B IN DENTON COUNTY TEXAS; AND E. A1024A R. PRATHER, TRACT 4, ACRES 29.373, OLD DCAD TR 2, IN DENTON COUNTY TEXAS Councilman James moved to approve Resolution #04-07-04. Councilman Higgs seconded. Motion carried unanimously. 5. Consider and Possible Action on a Proposed Planned Development Presentation by Centurion Development. Discussed with Item #6. 6. Consider and Possible Action Regarding a Proposed Planned Development Presentation by K.D. Development (Johnson/Payne)4 Kirk Wilson, indicated there were two proposed development agreements before them tonight, these were discussed in Council 4 to 6 weeks ago. Several points were discussed in detail. All of the points have been integrated into the agreements before them tonight. Both developments have a commercial area shown separately in the proposal. Both are in compliance with what was discussed previously. They will bring land use plans forward at a later date. They will submit for annexation all of the commercial tracts. It allows for the residential home tracts to not be annexed. The district will agree to pay the city 22 cents per $100 valuation for police and fire protection. There is specific approval for the creation of the district. They could go to TCEQ and create the district. They have also agreed to negotiate with Bolivar Water to release their CCN on these tracts. Everything the Council has asked for is included. Deed restrictions on home sizes will be included. Lot count provisions as far as lot widths are included. In the Chisam Road project, 70% is committed to be 50 foot lot widths or greater, 15 % will have 60 ft. lot widths or greater, and 15% will have 70 ft. lot widths or greater. They will also follow up with an annexation petition within ten days of approval for all commercial tracts to be taken into the City Limits. Councilman Ervin indicated he could not make a decision with just seeing this tonight. Kirk Wilson indicated he would like to follow up within the next 7 to 10 days. Schedule workshop for next Monday at 6:00 p.m. (April 12, 20041 Councilman Ervin indicated he would like to have a workshop and come back at next scheduled council meeting for action. He would also like to consult with the attorney to make sure the city does not get stuck paying off the bonds. City Secretary asked if they would like the attorney to come to workshop. Council would like him to be here. Item tabled. 7. Consider and Possible Action on Ordinance #04-07-04 -Regarding Sprinkler System and Fire Alarm Requirements for Newly Constructed Commercial Buildings. Item tabled. 8. Consider and Possible Action on Ordinance #04-08-04 -Regarding Sprinkler Systems in Multi -Family Buildings. Item tabled. 9. Consider and Possible Action on Ordinance #04-09-04 -Regarding Placement of Gas Meters, Electric Meters, and Fences on Newly Constructed Single Family Dwellings, City Manager indicated this will prevent meter readers from having to go inside back yards. Discussion. Danny Cockrell indicated this was a concern for meter reading sand fire protection. On some new construction they are fencing off the meters. Mike Prater indicated most builders are putting them in front. Councilman James indicated he did not want to put ten feet from front, but rewire it to be outside of the fence. Discussion. Item Tabled. 10. Consider and Possible Action on Utilizing Sewer Tap Fees for Purchase of Real Estate (Being Part of Abstract 1281, Abstract 462, and Abstract 249, Consisting of 105.066 Acres of Land more or less). Councilman Garza moved to utilize sewer tap fees for the purchase of the real estate for the new sewer plant. Councilman James seconded. Motion carried unanimously. IL Consider and Possible Action on Awarding Bid for the Wastewater Treatment Plant Sludge Dewatering System. Discussed that this was part of original project, just bid out separately. City Manager indicated currently we have drying beds. This is for two dewatering systems and will not take up as much room. Councilman James indicated he would like more information in the future on this type of item. Councilman Garza moved to award the bid to Mechaneer for $63,088.00. Councilman Higgs seconded. Motion carried unanimously. 12. Consider and Possible Action on Resolution #04-08-04 -Urging the Texas Railroad Commission to Stop the Construction of a Commercial Disposal Well. City Manager indicated if this gets approved they will be putting chemicals into the ground. If TCEQ approves this, then they will feel sure that it will not contaminate our ground water, but if it is not put in we know for sure it will not contaminate the ground water. Dale Tucker, 6568 Michael Rd., indicated they are asking that the City of Sanger to adopt a Resolution that will be submitted to Texas Railroad Commission that they do not want the disposal well in their ETJ, it will have some weight with all of the joint resolutions. They have a citizens group of residents greater than a 2 mile radius of this proposed site. They have raised over 10,000 dollars, and hired two attorneys. The public hearing on this has been postponed until May 14th. They are hoping the Council will adopt the resolution. Basically everything can be dumped at one of these sites They will have 12,000 gallons of storage on the 2 acre lot. There will be twenty four 500 gallon barrels, with approximately 75 trucks daily. Discussed process of how chemicals are separated and what happens to them at one of these locations. The well in Krum is a disaster, there are all kinds of fluids all over the place, it is not well contained, and when it rains it washes down the drainage ditch. Discussion continued. Councilman Higgs moved to approve the resolution contingent on attorney approval, Councilman Ervin seconded. Motion carried unanimously. 13. Consider and Possible Action on Appointment of Election Judge and Alternate Judge for the May 15, 2004 Election. Councilman James moved to accept staff recommendation and appoint Polly Dwyer as the Election Judge, and Alice Madden as the Alternate EIection Judge. Councilman Ervin seconded. Motion carried unanimously. 14. 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VEH C L E _ fNiim.4. Ed �. DELVE �LFa iC.tf ..,lai :..;4!_.m .r :.:? l.i. W`)4ii.t�j.rL.�....0 Ivs... tt ,V w,:_UA S = r4L 14 j t 0i tJv.�z • .l rk-r :tiro C i�sa, Vkr' tt3� F _it j �t _.'� .. E�FORCE� IE, t, r L� .. ...e .. V—LLf'�C. �V .l,'... �. .». _....:........... ..... _. <.... I•i �EI �� E,i tll�m F„... _,,,_._w.',''. fr fS kSSriK. U{D U} „jam �, 6j((""""i'" .f_..? AIN 1i�77�£�'}}f fl .i.11'S tlU( Er 3FJtuL F"+�." iV ER �fP..({ {{ (pr, CT I F 1 t wl_'. LG i ES�Stt {� W:f3,f J [F .. dE i ktt. 1 j[YP+ P€Y'6 m fw A, WC t� "1 A" ik s`;a YJ ®I;F 6 efV%1 c fr C4. p�tf�If�r E, ! t t W®r0 ' v� W!! a12 =X8 7_0x 14fr 5xs �.E{{'...1a •LtJ E rriUs.z i{tp 13 P�. f' E £ J e_ d j t F a t err f .w�TL.'i .. :. V:"HItii`l i.. t`f€ I�j o`'tisi_FC�" April lb, 2004 To: Honorable Mayor and City Council Fr: City Secretary/Assistant City Manager Rose Chavez Re: Habitat for Humani Attached is the request from Habitat for Humanity. They are requesting waiver of all fees and a waiver of the brick requirements. They are also requesting a waiver on the home size, which is a zoning issue, we will ask them to go before the Board of Adjustments for this request. This is normally a $200.00 fee, and I'm sure they would like for this to be waived as well. Habitat for Humanity of Denton P.O. Box 425, Denton, TX 76202 Ph. 940/484-50o6 Fax 940/387-4546 DentonHfl Photmail.com April 8, 2004 To the City Council of Sanger, Equal Housing Opportunity My name is Curt Fowler, and I am the construction coordinator for Habitat for Humanity (HfH) of Denton County. As you may or may not know, HfH has bought a parcel of land from Mrs. Royal that is on Railroad. Our desire is to form two lots from this land and build on them in the fall, and that brings me to why I am writing you. Recently I visited your city and talked with Danny Cockrell, the building official, concerning getting building permits for these lots. During our discussion Danny mentioned several ways the city might be willing to help us. He said that you might be willing to waive the platting fees, tap fees, building fees, and let us use vinyl siding, as we normally do, rather than brick. Also, our homes generally run from 1,110 to 1,150 square feet, which would require a waiver from the 1,200 square foot requirement of SF-3 zoning. Another city we build in does much of this, and it is so gratifying to see cities willing to help us in our efforts to keep costs down. Any assistance you can be would be greatly appreciated by us, but especially by the future residents of Sanger who will be living in these homes. Sincerely, Curt Fowler Construction Coordinator Habitat for Humanity of Denton County (940)368-4483 or (940)484-5006 April 16, 2004 To: Honorable Mayor and City Council Fr: City Secretary/Assistant City Manager Rose Chavez Re: Matt Sonmezler Mr. Sonmezler requested to be on the agenda to update the council on the plan for the downtown sidewalks. i.`l. JCU April 16, 2004 To: Honorable Mayor and City Council Fr: City Secretary/Assistant City Manager Rose Chavez Re: Replat -Item #& #� Attached is the information regarding this request. All of the engineers comments have been addressed with the exception of the City Engineer's signature block. This has been corrected and they have submitted an electronic file showing the correction. They are requesting variances which have been addressed by the City Engineer in his attached letter. The Planning and Zoning Commission unanimously recommended approval of this item and approved the variances requested. L L L'I SON FAMILY PHONE NO. : 817 380 9431 Apr. 09 2004 10:39PM P6 :rn19.2004 Allison .Engineering 611 Pecan Creek Road, Denton, Texas 76207 (940) 380-9453 Off/Home (940) 380-9421 Fax 1• f=. hack Smith C itv Manager ' AV of Sanger .0. Box 1729 anger, Texas 76266 F .e: Thomas Tipton Duplexes Re -plat of Lots 4, 5 and 6. Block 41 and Construction Plans 2 Review I ►ear Mr. Smith: �- �` Bison Engineering reconarr�ends approval of the re -plat and construction plans c ?ditioned upon the following provisi nons. 1. The applicant has requested four variances. These must be processed and approved in accordance with 4.03 Emotions (variances) prior to considering the plat and construction plans. The variances may be considered in conjunction with the plat and construction plans. Comments regarding the variances are. a. Lot Grading Plan — This is not an issue as a site grading plan will be required as part of the building plans for each lot The grading plan will indicated elevations of the drainage facilities, finished floor elevations and flood plain where applicable. This should not serve as precedence for future developments as larger developments that have not been previously platted must indicate grading plans that establish minimum floor elevations for each lot. b. Alleys — This is a re -plat that should not necessarily altar the general configuration of the original development. Therefore alleys should not be required unless the developer desires them. 4. c. Half Street Improvements — The issue is the nature of the City's ongoing street improvement efforts. If the City is indeed reconstructing the streets to bring them into compliance with the current street design criteria and the thoroughfare plan, and if the improvements are complete or at least substantially underway, then the developer is relieved of this obligation. If the City is merely conducting maintenance such as crack sealing, overlay, ditch cleazaing, etc. then the developer may be responsible for the cost of bringing the streets into compliance. d. Sanitary Sewers — The issue is the nature of the 84nch sanitary sewer main in the easement. If it is intended to be a private line serving the - duplexes and maintained jointly by the duplex owners, then the line is a service line and may connect to the main with a clean out or a Page 1 of 2 :?tausra W& Perwnnn&M and 9)PAW eWa t& SU.+AMW dkd qf&M #T- E Lei SON FAMILY PHONE NO. 817c380 9431 - - - Apr: — 09 -2004 -10: 40PM:-, standard service connection. If the main is to be dedicated to the City as part of the City system and'041�is to be maintained by the Cif then the . coru�ect�on to the existing main is to lx a standard mail ole. files �s thL.e" , developer's choice. If he ch . sees`to have a private service _line, then this should be indicated on the Iat And tlZe constriction drawin8s: - - 2. 'The operating nut on a water valve is not a legitimate benchmark. it is a - - temporary benchmazk and is acceptable for horizontal control adjacent to the , work site. The actual benchmark that 'was used to establish the elevation of the TBM should be indicated on the plans as well. It is Some suspicious when a temporary benchmark has and even'elevatxod such as 525.00, 'Phis doesnot happen very often. The actual benchmark should be referenced on the plans prior to issuing a construcchon permit Alison Engineering's review of land development documents is only intended to provide < .seasonable level of confidence that the developer is complying with all applicable rules r_d regulations. The developer is ultimately responsible for such compliance and for Mg c .),xecting any deficiencies regardless of the time that they are discovered. This includes c esign., constriction and/or warranty periods, l respectfully Submitted, .� 'I.�'on Engirreernrg T K. Allison, P.E., NSPE • Psge 2 ot2 .`H,anneo:a P��ni:uu�Tse aid 91�►d Ides .Saut�irw � Svaw, fibeia. ft fi.x "x 3 04. 11:15a Dale Hoelting r- 9726829017 p 2 `" -- ��Mob U1 HN I ._� 4.- Mr. Jack Smith March 17, 2004 City of Sanger t =� P.O. Box 1729 Sanger; Texa$ - 76266 f RE: Review of Thomas Tipton Duplexes,, Re -plat of Lots 4, 5, and 6, Block 41 Dear Mr. Smith: --_. - --- DEH Consulting, LLC (DEH) has reviewed the comments provided by Mark T. Owens, P.E. on Thomas Tipton Duplexes, Mr. Thomas Tipton has also discussed the comments with the City of Sanger. DEH will address the following comments regarding the Engineering plans for the Re -plat: • Correction of misspelled words on the cover sheet • Scaled location map • Include a benchmark on Sheet CA • Indicate water service line sizes on Sheet CA • Show existing and proposed water line sizes on Sheet CA • Indicate the material type for the proposed sewer pipe on Sheet C-1 • Correct misspelled words on Sheet C-1 • Clarification of how drainage will be handled on Sheet C-2 • Driveway and construction details Add a 5 feet electrical easement as split lot or wholly contained easement on selected lots of the Re -plat Mr. Tipton is requesting a variance from the City of Sanger for several subdivision and plat requirements for the following reasons: a 4.04(I} —Lot Grading Plan —The existing grades for the lots contained in the Re -plat will not be altered to build the town homes. These grades were established through grading and fill at the time that the Final Plat was approved in the past by the City of Sanger. Drainage will comply with standard practices and generally follow existing -.contours from north to south into existing ditches along the south and east of the property within the public right -of --way. Driveways will follow the existing grade of the ditch on the south property line and will be installed without a culvert per construction details. Therefore, a grading plan to show proposed contours and changes is not required. • 5.02 —Alleys -The lots contained in the proposed Re-p{at is contained within the original limits of the city of Sanger where alleys are not present. Constructing alleys as part of this Re -plat would not correspond to the current land use practices and public infrastructure of the neighborhood. 2513 Mosswood Dr. Carrollton, Texas 75010 9724624017 977462-9017 (fax) email: d.hoelti@verizon.net IV z` � ��a� 18 G4� 11:15a Dale Hoeltins ��. �'� •� _ �45. .. � ...f _. . -_._.. _ .._. ___ _ _.._._-___._ ___--__-_ 1 '. _ v. .� �� �•-6.026`(1) �=`Half Street, ;Improvements =._The_. streets surrounding _the ' property of the Re -plat are currently being mproved,by.the City of Sanger, which ,eliminates the need to comply with this subdivision ,requirement. ,., • 6.06 A (1)(c} —Sanitary Sewers —Variance from the requirement to install a _ _- _ manhole at the connection of the, proposed 8 inch sanitary _sewer and -.-.existing�6 inch sanit�ry_sewe�.=; Technically the proposed:6-inch;sarntary ----- . �- sewer �is a lateral instead of a maim line with a length under 400 feet.. City of Sanger's Water and Wastewater Superintendent has reviewed the _ _.. _ __ _ ..Engineering Pfans _for the sanitary pipe connection' and is in support of .the _.; _ . __ _._ __ variance. ' A standard pipe connection with a cleanout will be installed as an alternative. Thank you for the City of Sanger's response to Mr. Tipton's concerns as well as ` '� providing clarifrcation of the comments. I can be reached by telephone at 972- 662-9017, by fax at 972-662-9017 or email at d.hoetti(a7verizon.net. Sincerely, � � J � 1-, L. Dale Hoelting, P.E., CF Manager, DEH Consulting, LLC DEH Consulfing, LLC Lo V _ , March 1�, 2004 . _. t: . .. _ MARK T. Owms P.E. : - _ .GECIVI NERAL L CON$ULTtNG 1:NGiNEER March 42 2004 Mr. Jack Smith City of Sanger ' _ P.O. Box 1729 Saang nger, Texas 76266 Re: Thomas Tipton Duplexes Re -plat of Lots 4, 5 and 6. Block 41 Sanger, Texas - - -_. - _ - ----- _ - 1 Review - Dear Mr. Smith: Per your request I have reviewed a Re -plat as prepared and submitted by S and S Surveying and the Construction Plans as prepared and submitted by Dale E. Hoelting, P.E. for the project referenced above. Comments are referenced by the Subdivision Ordinance of the City of Sanger, Texas as adopted September 21, 1987, Zoning Ordinance adopted August 3, 1987, and Ordinance No. 05-06-01. My review comments are as follows: General 1. All comments received from Public Works, Fire Department, Electric Department and Code Enforcement should also be addressed prior to preliminary plat approval. 2. The property is located at the southwest corner of lSt and Bolivar Street. 3. According to the City's current zoning the property is zoned as SF-8. According to ordinance a 2-F zoning classification requires a minimum lot width of 65 feet, minimum lot area of 6,500 sgft with a minimum of 3,250 sgft per unit. The re -plat meets these criteria including all set back requirements. Re -plat The following items are deficient and need to be completed prior to approval of the preliminary plat. A copy of the applicable portions of the subdivision ordinance is attached for your review. 1. 4.04 I —Lot Grading Plan 2. 4.0.4 Q —Correct signature blocks 3. 4.0.4 S — Correct signature blocks 4. 5.02 - Alleys 5. 5.04 — 5' Electrical Easement (Located per electric department) 6. 6.02 B(1) — Half Street Improvements �:.. MK,T._OyxENs, P.E. �rI OFF q - I GENERAL, CIVIL CONSULTING ENGINEER = - - ---_ :.. - 7. Width of 1 Street R-O-W. - - 8. The 15' utility easement locatedIat the bacicof the=lota should read "15'-Utility-41 IF Easement". Eliminate "for Sanitary Sewer" IF IF _ _ ... . F, IF IF IF, Construction Plans 1. Cover Sheet - - a) February is misspelled 1 b) Scaled location map 2. Sheet C-1 a) Show benchmark IF I b) Existing waterline sizes need to be shown c) Size of water service lines d) Detail for water service tap e) Trench detail for water and sewer f) Clean -out detail (at end of sewer line) g) Where 8" sewer line connects to existing 6" sewer line, a manhole should be placed instead of a clean -out h) Type of sewer (SDR 35 ?) i) Driveway details showing that driveways will not impede drainage at the front of the lots j) All lines need to be labeled k) Optic is spelled incorrectly 1) Street repair detail — Developer/contractor will need to obtain a street cut permit from the City for all street cuts 3. Sheet C-2 — Drainage evaluation is incomplete. It does not show how drainage is dealt with. I do not recommend approval until all comments have been addressed. If you have any questions or need any further information, please call me at (940) 391-4845. Sincerely; YU 4110"� Mark T. Owens, P.E. General Civil Consulting Engineer Attachment Cc: S and S Surveying - J. Scott Cole, RP.L.S Dale E. Hoelting, P.E. City of �,< T . April 5, 2G04 To: Property Owners Fr: Rosalie Chavez Re: Replat -Tipton OT Block 41, lots 4,5, and 6 The City of Sanger's Planning and Zoning Commission will conduct a Public Hearing at 201 Bolivar, in the Council Chambers on Thursday, Apri115, 2004 at 7:00 P.M, to Consider a Re - Plat on Property Legally Described as Lots 4,5 and 6, Block 41, Original Town. Property is Located at the corner of 1'` and Locust Streets. The City of Sanger's City Council will conduct a Public Hearing at 201 Bolivar in the Council Chambers on Monday, Apri119, 2004 at 7:00 P.M. to Consider a Re -Plat on Property Legally Described as Lots 4,5 and 6, Block 41, Original Town. Property is Located at the corner of 1'` and Locust Streets. Attached is a form for you to sign and return to City Hall stating whether or not you approve of this request. If for any reason you do not approve, or have any questions regarding this request, please plan to attend the public hearings on the above scheduled dates. Thank you for your immediate attention to this request. RCar Enclosures '' r' �' -� Zo1 BOLIVAR STREET P.O. BO1C i7a9 BANGER, TEXAS �6�66 940-458.7930 94a458.4iso FAX P&Z 04/15/04 CC 04/19/04 ZONING REQUEST To Consider a Zoning Request Change from Bl (Business -1) to B2 (Business-21) on Property Legally described as Abstract 1241, Tract 238 (Knight Addition, Lot 1, Block A). Property is located on the Corner of Freese Drive and Business 35 (Spur 138). If you disapprove this Request, please be in attendance at the scheduled meetings. Please check one: I approve of the Request I disapprove of the Request Comments: F _.. _ __ ��'��.: �. _ _. List of Property Owners - Thomas Tipton _=_ . __ __:: -. 3 a VFFIIF"� T. E. Tipton - IF IF V.- .- -- .... - .- — -:-- - _ —_.. _. P.O. Box 727 ---- - -- - IF---- - - - - Sanger, TX 76266 _ LL. I IF KM Leasing 119 Rdgecrest Cr. iiIF IF I I. - - Denton, TX 76205- II . __.. _ _ Michael Pennington - -- _. _. __._. - _-- �_._-- _-- -- _ _ . ... ._.- . _ _ - _ ---- ..:----------. -- ---- ... 12699 Blakely Ln. I I_ Sanger, TX 76266 Billy J. McReynolds P.O. box 724 Sanger, TX 76266 Lavonia Bauler 101 W. Willow St. Sanger, TX 76266 Thomas E. & Andra R. Tipton 2003 Brazos Dr. Denton; TX 76210 Jack D. Gardner P.O. Box 40 Sanger, TX 76266 Tommy Ray Pirkle 11539 Jones Rd. Sanger, TX 76266 David McCarthy 2457 Dena Dr. San Angelo, TX 76904=5013 Richard Muir 7177 Rector Rd. Sanger, TX 76266 Robert Patton Sanger, TX 76266 - Silviana Vega 104 N. 1510 St Sanger; _TX '76266_ Hughes Family Partners 213 Hillcrest St.- i._76266 -_-_-- 129 Ernies Ln. _ _-Franklin, LA 705384703 - Burlington Northern & Santa Fe P.O. Box 961089 Fort Worth, TX 76161-0089 _a'.: April 16, 2004 To: Honorable Mayor and City Council Fr: City Secretary/Assistant City Manager Rose Chavez Re: �' Attached is the information regarding this request. The Planning and Zoning Commission unanimously recommended approval of this item. March 17,2004 Jack Smith City Manager of Sanger Subject: Zoning Change Change B 1 to B2 for property to be used for car wash at the comer of Freese and Business 35. J 1V1yr1CK �{L/L3 BUSINESS 35 (SPUR 138) (VARIABLE R.O.W.) City of Apri15, 2004 TO: Property Owners FR: Rosalie Chavez, City Secretary RE: Zoning Change Request From Business 1 to Business 2 (for a Car Wash) The City of Sanger's Planning and Zoning Commission will conduct a Public Hearing at 201 Bolivar, in the Council Chambers on Thursday, April 15, 2004 at 7:00 p.m. to Consider a Zoning Request Change from Bl (Business ml) to B2 (Business-21) on Property Legally described as Abstract 1241, Tract 238 (Knight Addition, Lot 1, Block A). Property is located on the Corner of Freese Drive and Business 35 (Spur 138). The City of Sanger's City Council will conduct a Public Hearing at 201 Bolivar in the Council Chambers on Monday, April 19, 2004, at 7:00 p.m. to Consider a Zoning Request Change from Bl (Business =1) to B2 (Business-21) on Property Legally described as Abstract 1241, Tract 238 (Knight Addition, Lot 1, Block A). Property is located on the Corner of Freese Drive and Business 35 (Spur 138). Attached is a zoning form for you to sign stating whether or not you approve of this request. If for some reason you do not approve, or have any questions regarding this request please plan to attend the public hearings. RC:sr Enclosures Zo1 BOLIVAR STREET P.O. BOX 1��9 BANGER, TEXAS ?6Z66 940-458.7930 94o-4S8.4s8o FAX _..__ .. P&Z 04/15/04 CC 04/19l04 ZONING REQUEST _ .------- -- __ _ -- .__... To Consider a Zoning Request Change from Bl (Business -1) to B2 (Business-21) on Property _ __ _ " __ ega y escribed as Abstract 1241, Tract 238 (Knight Addition, Lot 1, Block A). Property is - located on the Corner of Freese Drive and Business 35 (Spur 138). __ _ _ __ If you disapprove this Request, please be in attendance at the scheduled meetings. Please check one: I approve of the Request I disapprove of the Request Comments: SIGNATURE Please Print Your Name DATE �f�..rin ` l� C;, r List of Property Owners: EVANS, EDGAR PO BOX 45 PILOT POINT, TX 76258-0045 HAYES, BOBBY & BRENDA 110 STEPHEN DR SANGER, TX 76266 - - - - ---- - - -- MCCOWEN, ROBERT D PO BOX 1027 _ _ -- SANGER, TX 762664027 FOSTER, BRETT J 219 DAVID DR SANGER, TX 76266=9420 SPARKS, MARCEL 221 DAVID DR SANGER, TX 76266-9420 DAVIDSON, RUBY V 223 DAVID DR SANGER, TX 76266-9420 GAGE, JAMES W 1001 HUNTERS CT SANGER, TX 7626&5407 SMITH, JACK L & CAROLYN S 1003 HUNTERS CT SANGER, TX 76266=5407 BURLINGTON NORTHERN & SANTA FE RR PO BOX 961089 PROP TAX DEPT FORT WORTH, TX 76161-0089 TIMBER MOUND #2 LTD P/S 1420 W MOCKINGBIRD LNSTE 500 DALLAS, TX 752474931 . �. } . , �.:a, .- .--- - - — — LAWLER, MII{E _ ,, _ -- _. 1001 TREYS CT - - _ .::.. _.:- _:----�__-----�=--- -- _ _ -- -- -- BANGER, TX 76266-5411 _ . MCNEAL, ERSKIN L JR & MARY L = - --�-. _ _. _:._ & MII�E & SHAN'I�LLE LAWLER _ . __ - - -- �� __...-- 1005 TREYS CT .. ----- . _ ----_ - - - _. _�:y.____- ._ BANGER, TX 76266-5411 _ _ _ _ _ - .. _ _ _ _ _ _ --- : - - MCI�tiAI IAN, SCOTTY & 3ANET . - - - _ _ . 1002 TREYS CT _ , --- - --- - --- BANGER, TX 76266-5412. - �.. - - ..-_ .. _ , _ ._ _ .... .- ---------- COCHRAN, MICHAEL A 8c RONALEE 1004 TREYS CT BANGER, TX 7626d SARGENT, DORWIN L &PATSY 3344 LOIS RD W. BANGER, TX 76266-8002 MATTI�WS, I�tiAR.IANNA C C/O ROBERT MAT'TF�WS 1001 AVENIDA PICO STE C271 SAN CLEMENTE, CA 92673-6956 COOK, JAMES C 1138 CASCADE AVE DALLAS, TX 75224-1229 KRAHL, NANCY DEE 777 K]RAHI, RD VALLEY VIEW, TX 76272 CUNN]�GHAM, PERCY & GLADYS RAFERT PO BOX 219 BANGER, TX 76266-0219 '•��`nw� April 16, 2004 To: Honorable Mayor and City Council Fr: City Secretary/Assistant City Manager Rose Chavez Re: Knight Addition -Item #1 Attached is the information regarding this request. The Planning and Zoning Commission unanimously recommended approval of this item with the stipulation that the developer follow the request of the City Engineer as to the certified field survey checks for drainage being submitted to the City. -- .. ... .. ... .. .. ... ......_-�--....�.yy..l_.e.-..a...taZra S . � .. Apri12, 2004 City of Sanger, Texas 201 Bolivar Street __ P.O. Box 1729 Sanger, Texas 76266 Attn: Mr. Jack Smith Reference: Sanger Carwash Business 35 (Spur 138) Final Plat Review Engineering by: Esbell Engineering Group, Inc. Dear Mr. Smith, _.. _.. ,, s..._ ,.,, The following comments are addressed in our review for the application of Final Plat on the Referenced Project within the City of Sanger, Texas: General Comments: 1) Lots 1 & 2 as indicated are 1.65acres and 0.64 acres for a net of 2.29 acres. The dedication of 0.32 acres to the City gives a total of 2.61 acres. 2) It is a suggestion for the City's consideration that the driveway offbusiness spur 138 be made an "Exit only" because of the closeness of this driveway, (approx. 120 feet), to the corner of the (through street) Freese Drive and traffic turning in and out of that street. This would allow the people to exit the car wash with a full view of the traffic on spur 138. The entrance to the car wash would be offFreese Street. This entrance can also be an "exit" for traffic onto Freese Street. 3) In reference to the POB, (SW Corner of the Lot 1): Was this POB an existing Permanent Monument or was this particular marker verified and certified by the City? (Another way of stating this, was this POB an Existing Monument Found from a previous survey?) This is important as the records are filed. 4) The grading plan has been carefully done on this plat. It is important, like most flat lands, that close attention be given to this plat for drainage during it's construction. Field survey checks are recommended and that they be certified. 5) A curb exit for drainage is recommended on the SW corner of the plat at the low point to allow drainage of the concrete surface. (This is marked on the drawing.) 6) A radius needs to be called out on the entrance and exit driveways as shown and marked on the drawings. After careful review, these are the only comments that I believe are needed for final plat submit±wl to the City. The review and comments herein does not alleviate the Engineering Firm from its - responsibility for any design deficiencies. The review of this plat is not intended to take away or alter any responsibilities of the Engineering Design Firm. Therefore, - this review--- - _. _ -_ -_ . --- - _ and the undersigned does not have anres onsiVU Of the final deli and/or Y P ;. ty , _. � .,, -- - -- construction of this project in accordance with good sound engineering practices. - -- I appreciate working with the City of Sanger, Texas. If I can continue to be of consulting= services to the City, please do not hesitate to contact me: - -- -- - -- Sincerely, / NILLIAM E. THOMPSON /i.a0 90539 ;;r, William E. Thompson 2905 Hidden Forest Dr. McKinney, Texas 75070 Phone # 214-585-0033 b.r April 16, 2004 To: Honorable Mayor and City Council Fr: City Secretary/Assistant City Manager Rose Chavez Re: � Place -Item #1 Attached is the information regarding this request. The Planning and Zoning Commission unanimously recommended approval of this item with the stipulation that the "public utility easement" be changed to read "electric easement" per the request of the electric superintendent. SON FAMILY PHONE N0. 817.380. 9431 Apr. 09 2004 10: 37PM P2 - ,. Allison Engineering 611, Pecan Creek Road, Denton, Texas 76207 0 (940) 380-9453 Off/Home(940) 3809421 Fax' . April 9, 2004 Its Ni1r. Jack Smith ` � t F : , Cnv manager C'rtp of Sauer .I. _ _ - Ig .O: Box 1729 Sanger, Texas 76266 is it A: Serendipity Place, Phase 2 Final Plat & Construction Plans _ 2ndlZevievy 4 it tI Ear lVli', SiXlith: Allison Engineeri� recommends approval of the final plat and construction plans. It ippears that all comments from previous reviews have been adequately addressed and :'gat no new issues have surfaced. kIlison Engineering's review of land development documents is only intended to provide i reasonable level of confidence that the developer is complying with all applicable rules end regulations. The developer is uItimateiy responsible for such compliance and for :o=ecting any deficiencies regardless of the time that they are discovered. This includes 3esi.=, construction and/or warranty periods. ' ,Ee K. Allison, P.E., NSPE ..?l�rnrx�sor. A.�rnr�ipn . 9ifo.�l�a �6r. Srr�ixs'i�t .Sr�oa..9'liss�. _ ?=t March 29, 2004 Mr. Jack L. Smith City Manager City of Sanger 201 Bolivar Street Sanger, Texas 76266 Re: Serendipity Place, Phase 2 _ Review of Final Plat and Construction Documents Deaz Mr. Smith: Allison Engineering has completed a review of the Final Plat and Construction Documents for Serendipity Place, Phase 2. We recommend that the City of Sanger approve the Final Plat and the Construction Documents contingent upon the completion of a few fairly minor administrative corrections. The minor administrative comments include: Final Plat: l . Label the Point of Beginning on the graphic layout. 2. Add a note indicating: "no floodplain exists on the site." 3. Add the complete City Secretary statement as indicated on page 18 of the subdivision regulations. A copy of the page is attached for your convenience. Construction Documents: 1. On Sheet 3 regarding the proposed fire hydrant at station 2+36; please move the fire hydrant to property line on the west side of Serendipity Circle. This will avoid any possible conflicts with building activities on the side of Lot 1, Block B. 2. On Sheet 5 please reconsider the finished floor elevations on lots 1 thru 6, Block B et al. These finished floors are generally only 0.1 feet below the high point at the street. Since the lots are generally graded to drain to the rear between the houses, then it should be worthy of a second look to assure that the drainage will not adversely ai%ct the homes. Allison Engineering's review of submittals for land development projects is only intended to establish a reasonable level of confidence that the developer is complying with applicable rules and regulations. Our review is not intended to provide quality control nor assure anyone that the development is fully compliant. The responsibility for compliance remains with the developer throughout the process; from zoning and platting through construction and the warranty period. The developer is responsible for correcting all deficiencies, regardless of the time they are discovered. Page 1 of Z 'fir"E�� �� `` ,� ,. _ . . _:, , , - _., _ ��_L.�...ti X� ...... ... We appreciate the opportunity to continue providing professional services for the City of Sanger. Please, call if you have any questions or need any additional information or clarification. __ _.._._. _ Respectfully Submitted: Allison Engineering - -- �_ Lee K. Allison, P.E., NSPE _ _ _ _ Xc: Jerry Yensan, Landmark Surveyors, Inc. (940) 387-9784 Brian Burke, P.E. (512) 462-4948 CVGt� � C? ash c'� S"G6 - .2 �t ✓ 3 ?� �� i � ,� � �� Pale 2 of = � �} ,: ; >�•• _ Sanger Code of Ordinances - - ,�- �—= "The City Engineer of the City of Sanger hereby certifies that this subdivision plat conforms to all requirements of the subdivision regulations as to which his/her approval is required. - __ __ _ _ City Engineer _ _.� �_ ��:. By: _ ___ ._ _ Date: ... ._.__ _ ::._.� . ecommended For Approval __- _ . Chairman, Planning and Zoning Commission Date ------�— ,_ -- City of Sanger, Texas Approved And Accepted Mayor Date City of Sanger, Texas �� The undersigned, the City Secretary of the City of Sanger, Texas, hereby certifies that the foregoing final plat of the Subdivision or Addition to the City of Sanger was submitted to the city council on the ,day of ,19 ,and the council, by formal action, then and there accepted the dedication of streets, alleys, parks, easements, public places and water and sewer lines, as shown and set forth in and upon said plat, and said council further authorized the mayor to note the acceptance thereof by signing his name as hereinabove subscribed. City Secretary, City of Sanger, Texas" T. Certificate from city tax collector and from the proper official of other taxing agencies within whose jurisdiction the proposed subdivision lies showing that all ad valorem taxes, liens and fees have been paid on the tract to be subdivided. The planning and zoning commission shall act upon the final plat within the thirty (30) days from said filing date and submit said action of recommendation to the city council. The city council shall then approve or disapprove the recommendations of the planning and zoning commission within thirty (30) days thereafter. The final plat shall be recorded by the city secretary in the office of the county clerk of the county within thirty (30) days from and after the date o� final acceptance by the city council; the subdivider shall, however, pay to the city, in advance, the required fees for filing of such plat by the county clerk. April 16, 2004 To: Honorable Mayor and City Council Fr: City Secretary/Assistant City Manager Rose Chavez Re: Heritage West Attached is the information regarding this request. The Planning and Zoning Commission unanimously recommended approval of this item with the stipulation that the "public utility easement" be changed to read "electric easement" per the request of the electric superintendent, the electric easement should be a minimum 5 feet across the front of all lots, and the easement should be drawn on th plat. Wm I IN AMI! Y PHONE N0. 817 380 9431 *Apr. 09 2004 10:38PM..P4 Allison Engineerin 611 Pecan Creek Road, Denton, Texas 76207 (940) 380=9453 Off/Home : (940) 380=9421 fax April 95 2004 ,. 4 : Mr. Jack Smith City Manager - — - ;ety of Sanger - O. BO,Y 1729 - ar er, Texas 7.6266 Re: Heritage West Ph= 2 & 3 Construction Plats 2`d Review Dear Mr. Smith* so�nbiueering reconunends approval of the construction plans conditioned upon the ^liMM., provision. 1. The Subdivision Ordixtance requires that the paving width on Goodnight Trail and Wichita Trail be 314"eet, back to back compared to the 25-feet indicated on the plans. The plans must be revised to correct this oversight. nis is a relatively simple watter to correct, In my opinion, it is acceptable practice for he City to consider the Pinal Plat and Construction Plans conditioned upon the street Width being corrected on the plans submitted for the construction permit. A. reconstruction conference should not be held wail the plans are corrected. It is not mperative that I review the plans again as I will have plenty of opportunity }o see them at r Before the preconstruetion conference. � �l.lison Engineering's review of land development documents is only intended to provide reasonable level of confidence that the developer is complying with all applicable rules e;ulatior.s. The developer is ultimately responsible for such compliance and for X7octing any deficiencies regardless of the time that they are discovered. -This includes c sign, construction and/or warranty periods. I .espectfully Submitted, f 1�Ks�n E�itteerittg Lee K. Allison, P.E., NS):'E Page r of 1 *9VoW.Lea eAMM usWWe,. 9kwmriVaaYM.SUOM" Axe 41 m slAmn) t March 12, 2004 Mr. Jack L. Smith City Manager City of Sanger 201 Bolivaz Street Sanger, Texas 76266 Re: Heritage West Subdivision, Phase 2 And 3 - Review of Final Plat and Construction Plans Dear Mr. Smith: Allison Engineering has completed a review of the Final Plat and the Construction Plans. We do not recommend approval. Our comments are: Final Plat: o The final plat document appeazs to be acceptable. However, the final plat cannot be processed until the construction plans aze acceptable. Construction Plans: o The construction plans appear to be about 75%complete. They do seem to be working toward an acceptable design. o The plan and profile sheets aze of an unconventional format. They aze suitable for construction, but the record drawings shall be of a more conventional format. I will gladly meet with the designer to discuss presentation. o The plan views of street and utilities aze generally lacking dimensions for horizontal control o The drainage analysis is based upon a time of concentration greater than 15 minutes. The City regulations reference a design manual for storm drainage that has not yet been prepared. In absence of the manual, it is prudent to apply standazds typically used within the surrounding communities. Therefore, a maximum time of concentration of 15 minutes should be used. However, it also seems prudent to use the same methodology for drainage analysis as was used on Phase 1. o The paving profile line is not labeled. Is this the top of curb or the center of pavement? o Provide a detail for the connection of SS-5 to the existing manhole. Pave 1 of ? .a: Sauget ?00.1-03-t'_ 1[�ritage R'd�t FP .¢: CD Re�•ie«�.doc o The regulations call for the North Central Texas Council of Governments Standard Specifications and Details to be used. Please insert copies of all of the appropriate details in the plans. Do not use details from other agencies such as TxDOT unless NCTCOG does not address the specific situation. o Fire hydrants on Heritage West Drive should be placed either on the east side at a property line or at a street corner. Fire hydrants should not be place in the middle of lots. _ - o Indicate if the elevations on the building plans are for the finished floor or for the finished pad. o Locate the stabilized construction entrance on the erosion control plan. The above comments are provided as an example of the issues regarding the construction plans. Due to the incomplete nature of the plans, we did not complete thorough review. This review will be conducted when a complete set is presented. As indicated above, I am available to meet with the applicant to generally discuss the appropriate presentation format and level of detail necessary for an acceptable set of plans. I will be out the week of March 15 through the 19, but will be available on or after March 22. In general the design does appear to be acceptable. The plans require a significant amount of dimensioning and detail to be acceptable. Allison Engineering's review of submittals for land development projects is only intended to establish a reasonable level of confidence that the developer is complying with applicable rules and regulations. Our review is not intended to provide quality control nor assure anyone that the development is fully compliant. The responsibility for compliance remains with the developer throughout the process; from zoning and platting through construction and the warranty period. The developer is responsible for correcting all deficiencies, regardless of the time they are discovered. We appreciate the opportunity to provide professional services for the City of Sanger. Please call if you have any questions or need any additional information or clarification. Respectfully Submitted, Allison Engineering Lee K. Allison, P.E., NSPE • Xc: Alliance Area Surveying Fax: (940) 482-3680 Page 2 of 2 .a: Saner 300-1-03.1'_ H�rita,� ��-est FP .�: CD Re�•ir�c.duc '��Jc7 .°': April 16, 2004 To: Honorable Mayor and City Council Fr: City SecretarylAssistant City Manager Rose Chavez Re: Ordinances #04-07-04, #04-08-04 and #04-09-04 Attached are the proposed ordinances. These are the ordinances that were tabled at the last two meetings. The Fire Chief will be present to address them. ORDINANCE 04-UI-M THAT CHAPTER 3, OF THE CODE OF ORDINANCES OF THE CITY OF SANGER, TEXAS, IS HEREBY AMENDED BY ADDING AN ARTICLE, TO BE NUMBERED ARTICLE 3.2100 REQUIRING FIRE ALARMS AND WATER SPRINKLERS FOR COMMERCIAL BUILDINGS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY; AND PROVIDING FOR AN EFFECTIVE DATE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: Section 1. That Chapter 3 of the Code of Ordinances, City of Sanger, Texas, is hereby amended by adding an article, to be numbered Article 3.2100, which said article shall read as follows: ARTICLE 3.2100 FIRE ALARMS AND WATER SPRINKLERS FOR COMMERCIAL BUILDINGS A. This article establishes fire alarm and water sprinkler requirement for Newly Constructed Commercial Units in the City of Sanger. B. All newly constructed commercial buildings must have water sprinklers throughout the attic. C. All newly constructed commercial buildings must have off -site monitoring of fire alarms, and have an audible and visual alarm on the exterior of the building." Section 2. All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. Section 3. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, 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. Any person, firm, or corporation who shall violate any of the provisions of this article shall be guilty of a misdemeanor and upon conviction shall be fined in accordance with the general penalty provision found in Section 1.109 of this Code. Section 5. This ordinance will take effect immediately from and after its passage and the publication of the caption, as the law and Charter in such cases provide. DULY PASSED, APPROVED, AND ADOPTED, this the 19th day of April A,D., 2004, by the City Council of the City of Sanger, Denton County, Texas. APPROVED: Tommy Kincaid, Mayor ATTEST: Rosalie Chavez, City Secretary CITY ATTORNEY ORDINANCE 04-08-04 THAT CHAPTER 3, OF THE CODE OF ORDINANCES OF THE CITY OF SANGER, TEXAS, IS HEREBY AMENDED BY ADDING AN ARTICLE, TO BE NUMBERED ARTICLE 3,2200 REGULATING WATER SPRINKLERS AND STAND PIPES IN MULTI -FAMILY RESIDENTIAL BUILDINGS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY, AND PROVIDING FOR AN EFFECTIVE DATE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: Section 1. That Chapter 3 of the Code of Ordinances, City of Sanger, Texas, is hereby amended by adding an article, to be numbered Article 3.2200, which said article shall read as follows: " ARTICLE 3.2200 WATER SPRINKLERS AND STAND PH'ES REQUIRED IN MULTIFAMILY RESIDENTIAL DWELLINGS A. This article establishes water sprinkler requirements for newly constructed Family Residential Residential buildings in the City of Sanger. B. All newly constructed Multi -Family Residential buildings must have water sprinklers throughout the attic. C. All newly constructed Multi -Family Residential buildings that are three (3) stories or more must have water sprinklers throughout the attic and stand -pipes on each landing." Section 2. All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. Section 3. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, 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. Any person, firm, or corporation who shall violate any of the provisions of this article shall be guilty of a misdemeanor and upon conviction shall be fined in accordance with the general penalty provision found in Section 1.109 of this Code. Section 5. This ordinance will take effect immediately from and after its passage and the publication of the caption, as the law and Charter in such cases provide. DULY PASSED, APPROVED, AND ADOPTED, this the 19th day of April A.D. 2004, by the City Council of the City of Sanger, Denton County, Texas. APPROVED: Tommy Kincaid, Mayor ATTEST: Rosalie Chavez, City Secretary APPROVED AS TO FORM: CITY ATTORNEY ORDINANCE 04-09-04 THAT CHAPTER 3, OF THE CODE OF ORDINANCES OF THE CITY OF SANGER, TEXAS, IS HEREBY AMENDED BY ADDING AN ARTICLE, TO BE NUMBERED ARTICLE 3,2300 REGULATING PLACEMENT OF GAS AND ELECTRIC METERS ON ALL NEW SINGLE FAMILY RESIDENTIAL BUILDINGS, PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: Section 1. That Chapter 3 of the Code of Ordinances, City of Sanger, Texas, is hereby amended by adding an article, to be numbered Article 3.2200, which said article shall read as follows: "ARTICLE 3.2300 REGULATING PLACEMENT OF GAS AND ELECTRIC METERS ON ALL NEW SINGLE FAMILY RESIDENTIAL BUILDINGS A. This article establishes electric and gas meter placement for newly constructed Single Family Residential buildings in the City of Sanger. B. All newly constructed Single Family Residential buildings must place electric meters no further than 10 feet from the front corner of the house and outside of all fences. Co All newly constructed Single Family Residential buildings must place gas meters no further than 10 feet from the front corner of the house and outside of all fences." Section 2. All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. Section 3. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, phrases and words %J this Ordinance are severable and, if any word, phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining portions of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional word, phrase, clause, sentence, paragraph, or section. Section 4. Any person, firm, or corporation who shall violate any of the provisions of this article shall be guilty of a misdemeanor and upon conviction shall be fined in accordance with the general penalty provision found in Section 1.109 of this Code. Section 5. This ordinance will take effect immediately from and after its passage and the publication of the caption, as the law and Charter in such cases provide. DULY PASSED, APPROVED, AND ADOPTED, this the 19th day of April A.D., 20045 by the City Council of the City of Sanger, Denton County, Texas. APPROVED: Tommy Kincaid, Mayor ATTEST: Rosalie Chavez, City Secretary CITY ATTORNEY April 16, 2004 To: Honorable Mayor and City Council Fr: City Secretary/Assistant City Manager Rose Chavez Re: Ordinances #04-10-04 Attached is the proposed ordinance on this item. This was in our code book prior to the last recodification. Franklin Legal left it out by mistake when they recodified the code book. ORDINANCE 0440-04 THAT CHAPTER 69 OF THE CODE OF ORDINANCES OF THE CITY OF SANGER, TEXAS, IS HEREBY AMENDED BY ADDING AN ARTICLE, TO BE NUMBERED ARTICLE 6,500 REFUSE COLLECTION REGULATIONS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT, PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY; AND PROVIDING FOR AN EFFECTIVE DATE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: Section 1. That Chapter 6 of the Code of Ordinances, City of Sanger, Texas, is hereby amended by adding an article, to be numbered Article 6.500, which said article shall read as follows: "ARTICLE 6.500 REFUSE COLLECTION REGULATIONS Sec.6.501 Definitions The following words and phrases shall have the meanings herein ascribed to them. Premises. Business house, boarding house, office, theater, hotel, motel, restaurant, cafe, eating house, tourist court, apartment, sanitarium, rest home, rooming house, school, private residence including mobile homes, vacant lot, and other places or property within the City limits of the City of Sanger, where refuse, either garbage, trash, or rubbish accumulates. Re use. All solid wastes, including garbage, trash and rubbish. Garbage. All putrescible wastes, except sewage and body wastes, including all meat, vegetable, and fruit refuse, and carcasses of small dead animals and fowls from any premises within the City limits. Trash or• rubbish. Any matter such as paper, cardboard, rags, wooden boxes, leaves, flowers, trimmings, lawn cuttings free from dirt and debris, tree limbs, bottles, broken glass and ceramics, tin cans, and other similar matter not tending to rapid decay or putrefaction. Debris. Matter such as rocks, stones, dirt, and other similar noncombustible matter. City The City of Sanger. Persons. An individual, person, firm, corporation or association and political subdivision of the State of Texas. Vehicle. Every device in or by which any person or property is or may be transported or drawn upon a public highway. Ci , Manager. The City Manager of the City of Sanger, Texas, or his or her authorized agent. Sec. 6.502 Containers Required (a.) Container Requirements for Commercial Customers. It shall be the duty of every person, firm, or corporation owning, managing, operating, leasing, or renting any premises or commercial business where garbage or trash accumulates, to provide and maintain in sufficient numbers either portable containers or City owned commercial containers to accommodate and securely keep all garbage and/or trash that may accumulate between collections. 1. Portable containers will be provided by the City's designated Refuse Collection Service. All containers shall be kept clean and free from accumulation ofany substance remaining attached to the inside ofthe container which would attract or breed flies, mosquitos or any other insects. 2. Commercial Containers shall be provided by the City's designated Refuse Collection Service Provider at a rate as determined in the fee schedule of the appendix of this code. The user shall provide a hard surface pad of concrete or asphalt on which the container shall be placed. It will be the responsibility of the user to keep the containers clean and free from accumulation of any substance remaining attached to the inside of the container which would attract or breed fl ies, mosquitos or any other insects. Users who discard food scraps, surplus food, or food products shall be required to place all food scraps, surplus food, or food products into plastic bags designed for garbage or trash disposal. All plastic bags must meet standard City of Sanger specifications and shall be securely tied or otherwise have all openings securely closed. (b.) Container Requirements for Residential Customers. It shall be the duty of persons who own, lease or rent any residential premises in the City of Sanger to place all garbage or trash in plastic bags designed for garbage and trash disposal. All plastic bags must meet City of Sanger specifications and have a capacity of not more than forty (40) gallons. All bags shall be placed at the curb and suitably protected from animals and vermin. All bags shall be securely tied or otherwise have all openings securely closed. ( c.) Plastic Bag Standard Specifications. City of Sanger standard specifications for plastic bags used in the disposal of garbage or trash shall be not less than 1.5 mil, linear low density polyethylene, size - thirty (30) gallon, 16" X 14" X 37", opaque, bag weight of one hundred -eleven (111) pounds per thousand. (d) Proper Containers Required. All trash except tree limbs and scrap lumber shall be placed in appropriate weatherproof containers to be eligible for collection. Sec. 6.503 Owners Duty to Place Daily Garbage and Rubbish Accumulation in Receptacle It shall be the duty of every person, firm, or corporation owning, managing, operating, leasing, or renting any premises to place the daily accumulations of garbage and rubbish in the container or containers required herein, and it shall be duty of every person placing garbage by securely wrapping garbage in paper before placing same in such container if necessary. 6.504 Materials Not Suited to Be Placed in Containers All ordinary accumulations of rubbish such as tree limbs and scrap lumber which cannot be conveniently placed in the containers required under this article, shall be cut into lengths not to exceed four (4'), baled, tied, or sacked in compact bundles and placed in a location easily accessible to the collector. A reasonable amount of material such as scrap lumber and fire wood may be stored on the premises but it shall be racked and stacked eighteen inches (18") above the ground. Sec. 6505 Collection Frequency The City of Sanger's designee, shall collect refitse from the residential areas of the City not less than twice weekly, and from the business areas of the City up to two (2) times per week; provided, any person in possession or control of any premises shall place the containers required in a location easily accessible for the collector, as directed by the City Manager. Sec. 6506 Special Trash Collection Request In the event that a special request is made for removal of trash, there shall be made a special removal charge as set forth in the fee schedule found in the Appendix of this Code for each such collection whether the same be a partial or a full truck load. Sec. 6507 Placement and Removal of Containers for Pick -Up (a.) Any person in possession or control of premises, desiring to place garbage or trash for collection by the City shall place container containing same adjacent to or near the curb in the front of or on the side of his or her property, along designated garbage routes as fixed by the City, not later than 7:00 a.m. (b.) After the containers have been emptied by the garbage collectors, the owner of the container shall remove same fiom the street not later than 8:00 p.m. of the same day and store such container on his or her property, but not in a front yard or a side yard adjacent to a public street. ( c.) It shall be unlawful for any person to leave any garbage containers withal a public street on any day other than a designated collection day. Sec. 6508 Container Contents Limited Containers having noticeable quantities of debris, will not be eligible for collection. (a.) Excessive Accumulations of Garbage, Trash, and/or Rubbish. Any premises having excessive accumulations of garbage, trash and /or rubbish, may be excluded from the service provided by the City upon written notice to the City Manager, and such accumulations shall then be removed and disposed of by a person or firm having a current license issued by the City, at the total expense of the person in possession or control of such premises; however, such exclusion from City collection shall not waive the minimum charge for each premises. (b.) Heavy Accumulation of Debris. Heavy accumulations such as brush, broken concrete, ashes, sand or gravel, automobile frames, dead trees, and other bulky, heavy materials shall be disposed of at the total expense of the owner or person in possession or control of the premises, by a method directed by the City Manager, Sec. 6509 Hauling Scrap Lumber, Building Materials Any vehicle utilized by a person or firm, whether owned or hired, to transport scrap lumber and/or building materials along or across any public street or alley within the City limits shall have side boards and a tailgate equal to or greater than the height of the load being transported and adequate to contain the materials being hauled, and the tailgate shall be closed and securely fastened. Sec. 6510 Tampering With or Unauthorized Use of Containers Prohibited (a.) The meddling or tampering with refiise containers or in any way pilfering, scattering contents, or junking in an alley or street within the city is prohibited. (b.) No person shall cast, place or deposit any trash, garbage, nebbish, refuse, kitchen garbage, dry kitchen refuse or ashes into any residential or commercial refuse container without the effective consent of the owner, tenant, lessee, or occupant of the premises upon which such container is located, the City of Sanger, and any agent with which the City has a contract for the dumping of containers. Sec. 6511 Inspection of Premises It shall be the duty of the City Manager or his or her authorized agent, and he or she is hereby directed, to make all necessary inspections and investigations of any and all premises to see that the terms of this article are complied with. Sec. 6512 Collection Fees Charges for collection of refuse shall be as set forth in the fee schedule of the appendix of this code. 6.513 Waste from Tree/Shrub Trimming (a) It shall be the duty of any person who trims and prunes his or her trees and/or shrubs and any person employing, engaging, or otherwise paying a contractor, student, professional tree trimmer, or any other person, to trim and prune his or her trees and/or shrubs to have the trimmings and debris removed. This can be done by contacting the City Streets/Parks Department or by cutting and bundling the limbs in 4 foot lengths for collection by the City Refuse Collection Service. (b) Upon request by the owner or occupant of a tract of land, the City will remove tree trimmings and/or brush debris resulting from storm damage or created by such owner or occupant of the residence or business as a result of tree and shrub pruning and trimming. The trimmings and/or brush debris must be placed adjacent to the street right -of --way. Section 2. All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. Section 3. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, 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. Any person, firm, or corporation who shall violate any of the provisions of this article shall be guilty of a misdemeanor and upon conviction shall be fined in accordance with the general penalty provision found in Section 1.109 of this Code. Section 5. This ordinance will take effect immediately from and after its passage and the publication of the caption, as the law and Charter in such cases provide. DULY PASSED, APPROVED, AND ADOPTED, this the 19th day of April A.D., 2004, by the City Council of the City of Sanger, Denton County, Texas, APPROVED: Tommy Kincaid, Mayor ATTEST: Rosalie Chavez, City Secretary APPROVED AS TO FORM: CITY ATTORNEY April 16, 2004 To: Honorable Mayor and City Council Fr: City Secretary/Assistant City Manager Rose Chavez Re: Ordinance #04-04-04 Attached is the proposed ordinance on this item. This is the Park and Open Space ordinance we amended to add the benches and trees that will be required. ORDINANCE 04-04-04 THAT CHAPTER 10, SECTION 6, ARTICLE 6.18 (K), "PARK; OPEN SPACE; RECREATION AREAS & PUBLIC USE DEDICATION", IN THE CODE OF ORDINANCES OF THE CITY OF BANGER, TEXAS, IS HEREBY AMENDED, PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY; AND PROVIDING FOR AN EFFECTIVE DATE, BE IT ORDAINED BY THE CITY COUNCIL, OF THE CITY OF BANGER, TEXAS: Section 1. That Chapterl0, Section 6, Article 6.18(K) of the Code of Ordinances, City of Sanger, Texas, is hereby amended to read as follows: "K. Additional Requirements 1. Any land dedicated to the City under this ordinance must be suitable for park and recreation uses. The offer of land with the following characteristics may be refused: a. Any areas of unusual topography or slope or other characteristics which render same unusable for reasonable park construction. b. Any area that does not meet the grant requirements of the State of Texas, Department of Parks and Wildlife. 2. Drainage areas may be accepted as part of a park if no significant area of the park is cut off by access to such channel and if suitable improvements may be made within the area without unreasonable cost by the City. 3. Each park must have direct access to public streets. 4. Any detention/retention pond used as part of the open space requirement must be approved by the city and must have a 4' wide sidewalk around the entire premises of the pond and must have minimum 4` benches placed on concrete pads and spaced not more than 500' apart with trees planted between the benches at 100' intervals. The trees planted must be from an approved list obtained from the City. Section 2. All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. Section 3. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, 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, Any person, firm, or corporation who shall violate any of the provisions of this article shall be guilty of a misdemeanor and upon conviction shall be fined in accordance with the general penalty provision found in Section 1.109 of this Code. Section 5. This ordinance will take effect immediately from and after its passage and the publication of the caption, as the law and Charter in such cases provide. DULY PASSED, APPROVED, AND ADOPTED, this the 19`h day of April A.D., 2004, by the City Council of the City of Sanger, Denton County, Texas. APPROVED: Tommy Kincaid, Mayor ATTEST: Rosalie Chavez, City Secretary CITY ATTORNEY April 16, 2004 To: Honorable Mayor and City Council Fr: City Secretary/Assistant City Manager Rose Chavez Re: Budget Amendments The Streets/Parks Department would like to purchase a goose neck trailer from Latham Stairs. John Henderson has requested to move funds from line item 001-30-5420 (contractual services) to 001- 3M035 (Street Equipment). April 16, 2004 To: Honorable Mayor and City Council Fr: City Secretary/Assistant City Manager Rose Chavez Re: Fire Tanker The Fire Chief has requested the Council consider displaying the Old Fire Tanker at the Dallas Museum. He will be present at the meeting to address this item.