04/02/2007-CC-Minutes-RegularMINUTES: CITY COUNCIL
APRIL 2, 2007
PRESENT: Mayor Higgs, Councilman Andy Garza, Councilman Glenn Ervin, Councilman Robert
Patton, Councilman Walker
MEMBERS
ABSENT: Councilman James
OTHERS
PRESENT: City Manager Jack Smith, City Secretary/Assistant City Manager Rose Chavez, Billing
Clerk Paula Morales, Economic Development Director Cecile Carson, John Bucklew,
Alice Madden, Carolyn Frazier, Kay VanHauen, KayLee Parrot, Ken Wilson, Joe Falls,
Thomas Muir, Randi Prescher, Lindall Mitchell
1. Mayor Higgs called meeting to order, Councilman Garza led Invocation, followed by
Councilman Ervin leading Pledge of Allegiance.
CONSENT AGENDA
2. a) Approve Minutes: March 19, 2007 -Minutes
b) Disbursements
Motion was made by Councilman Ervin to approve consent agenda. Seconded by Councilman
Garza. Motion carried 34. Councilman Walker abstained.
3. Citizen's Input.
Citizens are allowed 3 minutes to speak. The City Council is unable to respond to or to discuss
any issues that are brought up during this section.
Carolyn Frazier addressed City Council concerning Keep Sanger Beautiful Board and the
three projects they are working on. Mrs. Frazier'0 presentation involved the Keaton Road
exit, coming up from the flags which is the white concrete wall. They are currently working
with TX DOT and Russell Martin (Hollingsworth Manufacturing). Their project includes
placing iron works on that wall which will be bolted down with screws. The iron display will
last for years and can be repainted through the years if needed. The designs will include a
stagecoach, train and an old car. If I-35 is ever widened, they can remove them and place them
somewhere else. This will promote Sanger's heritage.
The second project is to add the Sanger flag to both entrances. This project will be done
quickly.
The third project is to landscape the four corners of the parks alike. They have spoken to Stan
Lovelace and he will be starting immediately.
Keep Sanger Beautiful is up again for a grant funding of $70,000.00.
Mrs. Frazier continued with her presentation and discussed all the projects they do during the
year. At Tenderfoot school they did a phonebook recycle. The last of this month they will do
a Science Expo at the high school. They also conduct the City wide garage sale, yard of the
month, a trash -off, memorial lane, fall awareness, and an arbor day poster contest with the fifth
graders. She informed Council that there was a girl in the fifth grade whose poster was chosen
to hang in the Capital. Last year they won a media award with the paper. They also have a
monarch butterfly program at Chisholm Trail and have at least one and as many as three
projects going on at all the schools.
City Manager advised Mrs. Frazier that John Henderson (Street Supt.) had told him that at the
entrance coming in from the South there were two bushes that were dead. They think the
herbicide TXDOT uses to kill the weeds killed those bushes at the end. They will contact TX
DOT concerning how they spray.
Mrs. Frazier indicated to please not bring up "Keep Sanger Beautiful," since they are trying
to get that entrance done.
Mrs. Frazier indicated that anyone that will dump trash at the "Trash Off" must have a city
zip code. Mrs. Frazier indicated they met with Curtis Amyx and John Henderson and made
a list of rules that were published in the paper. They will have a specific starting time and a list
A what can be dumped. She also indicated they welcome all volunteers.
4. Conduct Public Hearing Regarding a Specific Use Permit for the Construction of the
Elementary School in an AG (Agriculture) Zoning District. Property is Legally Described as
a portion of Abstract 29 Lots 61, 62 and 65A. Property is Located between Indian Lane and
Sable Creek Subdivision.
Mayor declared Public Hearing opened.
No one spoke for or against.
Mayor declared Public Hearing closed.
5. Consider and Possible Action Regarding a Specific Use Permit for the Construction of the
Elementary School in an AG (Agriculture) Zoning District. Property is Legally Described as
a portion of Abstract 29 Lots 61, 62 and 65A. Property is Located between Indian Lane and
Sable Creek Subdivision.
Motion made by Councilman Patton to approve the Specific Use Permit for the construction
of the Elementary School in AG Zoning District. Seconded by Councilman Garza. Motion
carried unanimously.
Councilman Ervin inquired if construction plans will be submitted that indicate sidewalks and
streets.
City Engineer Rob Woods, indicated the school plans will be submitted sometime next week.
6. Conduct Public Hearing to Consider a Specific Use Permit for a Municipal Fire Station to be
located on Property Legally described as Abstract 1241, H. Tierwester Survey, Tract 299, Being
3.212 Acres to be known as Fire Station Addition. Property is Located on McReynolds Road.
Mayor declared Public Hearing open.
A citizen in the audience inquired about the location of the site.
Mayor advised the location of the site is on McReynolds.
Mayor declared Public Hearing closed.
7. Consider and Possible Action on a Specific Use Permit for a Municipal Fire Station to be
located on Property Legally described as Abstract 1241, H. Tierwester Survey, Tract 299, Being
3.212 Acres to be known as Fire Station Addition. Property is Located on McReynolds Road.
Councilman Walker moved to approve a Specific Use Permit for a Municipal Fire Station on
McReynolds Road. Seconded by Councilman Patton. Motion carried unanimously.
8. Conduct Public Hearing on Ordinance #04-10-07 -Amendments to Chapter 10 of the Sanger
Code of Ordinances, Section 5 General Plat Requirements, Article 5.01 - Streets.
Mayor declared Public Hearing open.
No one spoke for or against.
Mayor declared Public Hearing closed.
9. Consider and Possible Action on Ordinance #04-10-07 -Amendments to Chapter 10 of the
Sanger Code of Ordinances, Section 5 General Plat Requirements, Article 5.01 - Streets.
City Manager indicated that the changes are to match the thoroughfare plan. The street
minimum right of way widths and center lines will be in accordance with the City's
thoroughfare map. City Manager advised city streets are 32ft. back to back.
Councilman Gaza made motion to approve Ordinance #04-10-07. Seconded by Councilman
Walker. Motion carried unanimously.
Caption as follows:
AN ORDINANCE OF THE CITY OF SANGER, TEXAS, AMENDING CHAPTER 10,
SECTION 59 ARTICLE 5.01 "STREETS"; PROVIDING FOR THE REPEAL OF ALL
ORDINANCES IN CONFLICT; PROVIDING FOR A SEVERABILITY CLAUSE;
PROVIDING FOR A PENALTY OF FINE NOT EXCEEDING FIVE HUNDRED DOLLARS
($500.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE.
(Note: Ordinance for City streets are 36' back to back.)
10. Conduct Public Hearing on Ordinance #0443-07 -Adopting the Thoroughfare Map for the
City of Sanger.
Mayor declared Public Hearing open.
No one spoke for or against.
Mayor declared Public Hearing closed.
11. Consider and Possible Action on Ordinance #0443-07 - Adopting the Thoroughfare Map for
the City of Sanger.
Councilman Patton moved to adopt Ordinance #0443-07 - Adopting the Thoroughfare Map
for the City of Sanger. Seconded by Councilman Walker. Motion carried unanimously.
Caption as follows.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS,
ADOPTING THE THOROUGHFARE MAP FOR THE CITY OF SANGER, TEXAS;
REPEALING ALL ORDINANCES OR PARTS OR ORDINANCES INCONSISTENT
HEREWITH; AND PROVIDING FOR SEVERABILITY.
12. Conduct Public Hearing to Consider Ordinance #04-0&07 - Amending the Comprehensive
Zoning Ordinance by Amending Section 42.2 Special Definitions and Amending 30.2 Schedule
of Uses, Amending the Code of Ordinances by Amending Section 3.104 Sign Regulations.
Mayor declared Public Hearing open.
No one spoke for or against.
Mayor declared Public Hearing closed.
13. Consider and Possible Action on Ordinance #04-08-07 Amending the Comprehensive Zoning
Ordinance by Amending Section 42.2 Special Definitions and Amending 30.2 Schedule of Uses,
Amending the Code of Ordinances by Amending Section 3.104 Sign Regulations.
City Manager indicated this created a special definition for Quick Service Food and Beverage
Shop and designates the use with a Specific Use Permit in B-1, 11-2, 11-3, I4 and I-2 Districts.
On the signs, no luminous signs can be visible from the street.
Mayor inquired if this ordinance was approved by the City Attorney.
City Manager indicated it was.
Councilman Walker indicated he thought they had grand -fathered certain businesses.
Economic Development Director Cecile Carson, indicated there were some existing signs that
were grand -fathered and documented for future reference.
Discussion on the drive-thru(s) that are in existence.
Councilman Walker expressed a concern that he did not want to turn the City of Sanger into
a Las Vegas. They are limiting the trashiness of these signs and yet allowing beer and wine
drive-thru establishments which defeat the purpose of trying to regulate it.
Concerns were expressed by Council regarding the definition and the ramifications of this
ordinance. The ordinance that was in place does regulate the luminous signs and does not allow
them.
City Secretary did advise that the ordinance that was passed previously by Council had
opposition from the City Attorney. His concern was that City Council could not be more
regulatory than the T.A.B.C.
Councilman Patton made a motion to table this ordinance to the next meeting until Council
gets clarification from Robert Dillard, City Attorney, concerning the legality of this ordinance.
Seconded by Councilman Ervin. Motion Carried unanimously.
Councilman Walker also indicated he would like Mr. Dillard to investigate what it would take
to limit a drive-thru.
Ms. Carson indicated there are other cities that have ordinances that are similar in wording to
what the Council has adopted with the existing ordinance which does not allow them.
14. Consider and Possible Action on Ordinance #0441-07 - Amending the Water and Sewer
Service Rates for Multi -Unit Commercial Structures (Clarifying the language in the
Ordinance).
City Manager indicated that what is in place, regulates that when there is more than one
business that is serviced from one meter, then the City bills that customer on a per unit basis.
Recently staff discovered that erroneously some of those customers were not being billed
correctly. The personnel has changed and now those customers are being billed correctly
which has caused some issues with the ordinance. This is the same procedure that is done for
residential apartment complexes.
Councilman Ervin indicated he had a problem with the ordinance and felt that it is not right.
John Bucklew addressed council concerning his bills. He presented copies of his last three
months' utility bills. He addressed the inconsistency of his bills. He explained that the City
of Denton does not bill in this manner. He suggested that Council set a guideline on how the
multi commercial units are billed, which would simplify this for City staff and business owners.
City Secretary explained that it is difficult in the manner it is currently billed; however, it has
been in place since 1976. She suggested that if Council wants staff to investigate how other
cities are billing, including Denton, they can do that. Staff can get the information and bring
it back to Council for consideration.
Discussion on simplifying the process for commercial and residential billings.
Motion was made by Councilman Garza to table this item to allow staff to get more
information. Seconded by Councilman Ervin. Motion carried unanimously.
15. Conduct Public Hearing on Ordinance 4404-12-07 -Amending Regulations Regarding a
Variance to the Street Requirements in the E.T.J.
Mayor declared Public Hearing opened.
City Manager addressed the current subdivision ordinance requirement for streets which is
concrete streets, curbs and gutters. He advised that Council has been approached in the past
by several developers who had three or four lots in the ETJ and streets were more like winding
trails instead of a road.
The Council at that time, created an ordinance that allowed for a variance in a street ordinance
requirement.
Mayor declared Public Hearing closed.
16. Consider and Possible Action Regarding Ordinance #0442-07 - Amending Regulations
Regarding a Variance to the Street Requirements in the E.T.J.
The City Manager explained that this ordinance will get the City in line with Denton County
and Lake Ray Roberts street requirements. Denton County's requirement is no more than six
lots accessing the street and no lot should be less than Denton County's one gross acre.
Councilman Ervin inquired if this pertains to what was brought to the City Council at the last
meeting concerning the eight lots.
City Manager indicated that it was.
Councilman Ervin inquired if this is a way to get this passed and to allow them to get this done.
City Manager indicated it is, if the City Council approves it. City Manager also indicated thaf
this gets the City more in line with Lake Ray Roberts and Denton County.
Councilman Garza expressed concerns that Denton County and Lake Ray Roberts will not ever
take these properties into their city limits and be forced to maintain streets. It will be the City's
responsibility at some point in time, possibly not in his lifetime, but it will happen. If this is
adopted just to allow them not to put in the streets as required by City ordinance then later on
if the property is annexed and the citizens start requesting concrete streets then who is
responsible.
City Manager continued that it will be the City's responsibility.
Lengthy discussion continued on annexing of property, farm animals on those properties, and
the grand -fathering of those properties.
Councilman Garza indicated there is a street already in the city limit that has never been
deeded to the City that is in this similar situation and is on the West part of town. It touches
Keaton and the problem has been the property owners have never deeded the street.
Councilman Garza indicated this could be a concern with these subdivisions.
Councilman Ervin moved to deny Ordinance #04-12-07 Amending Regulations Regarding a
variance to the Street Requirements in the E.T.J. Seconded by Councilman Walker. Motion
carried unanimously.
17. Possible List of Future Agenda Items.
(a). Councilman Ervin requested that staff pull Ordinance #04-97 -Flood Damage
Prevention, for discussion on the next City Council agenda.
(b). Councilman Patton requested a discussion item to explore the possibility of an
independent auditor to review rates for January and February and up to the most recent
time.
Councilman Walker added to the request that he would like an audit of all new meters.
Mike Prater asked how many meters and Councilman Walker expressed that he was not sure.
City Manager advised the City Council that they had a heating and air-conditioning contractor
who had called the City concerning one of these homes who had a high usage. The home was
an all electric house and had a heat pump. The reason he called the City was that he knew the
City has been under pressure to explain issues concerning high consumption. The contractor
found that the thermostat at this house was not a heat pump thermostat. The heat pump was
using three times the amount of energy instead of saving energy to heat the house in the winter.
City Manager also indicated that City Secretary and Electric Superintendent Mike Prater plan
to isolate these residents, contact them and advise them that their thermostat could have been
installed improperly.
Councilman Ervin explained that he has worked in the meter shop for ten years at the City of
Denton and during that time there was only one meter he found that was not working properly
and could not be adjusted. The reason for this was due to tampering of the meter. He has not
seen meters that have been out of kilter. The technology with the new meters that the City now
uses is almost tamper proof.
Councilman Walker indicated citizens have complained on unusual swing in usage.
Councilman Ervin explained how he used to conduct energy audits and how that helped citizens
isolate areas that were problems.
(c). City Manager had been notified that they have a new permit from T.C.E.Q for a new sewer
plant.
18. Meeting adjourned.
ATTEST:
Rosalie Chavez, City Secreta