07/02/2007-CC-Minutes-RegularMINUTES: CITY COUNCIL
JULY 29 2007
PRESENT: Mayor Higgs, Councilman Muir, Councilman Patton, Councilman Ervin,
Councilman Garza
ABSENT: Councilman Walker.
OTHERS
PRESENT: City Secretary/Assistant City Manager Rose Chavez, Engineering Coordinator
Samantha Renz, ' City Engineer Rob Woods, Bill Fuller, Tom Bojanczyk, Nim
Ashley, Francis Underwood, Scott Maynor, Bobby Swan, Lori Pethtel, Larry Bell,
Jake Luke, Jarrod Link, Steve Erdman, Kay VanHauen, Kaycee Parrott, Dow
Young, Erin Luke
1.
2.
Call Meeting to Order, Invocation, Pledge of Allegiance.
Mayor Higgs called meeting to order and led the Invocation followed by Councilman Patton
leading the Pledge of Allegiance.
a) Approve Minutes:
b) Disbursements:
CONSENT AGENDA
June 16, 2007 -Special Called
June 18, 2007 - Workshop
June 18, 2007 - City Council
June 25, 2007 - Special Called
a) Councilman Patton moved to approve the minutes as presented. Seconded by
Councilman Ervin. Motion carried unanimously.
b) Councilman Ervin moved to approve the disbursements. Seconded by Councilman
Garza. Motion carried unanimously.
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.
Mayor indicated they needed to take action from the Special Called meeting that was held
prior to this meeting.
Councilman Ervin moved to hire Michael Brice from Chickasha, OK and that he start
August 6, 2007. Councilman Muir seconded. Motion carried 3-1. Councilman Garza voted
no.
4. Discussion Regarding Drainage Concerns on Property Located in the 700 Block of 3rd
Street,
City Secretary asked the City Engineer to address this item. She indicated that the letters
from IEG show that the improvements would not have any effect on the downstream
property owners.
Councilman Muir abstained from this item.
City Engineer, Rob Woods, indicated the Engineer of record was present if they had any
questions.
Councilman Patton indicated he was aware of a meeting between the concerned parties, he
asked if any recommendations had come from that meeting.
City Engineer indicated they had proposed modifications to the curb to allow water to flow
more directly into the ditch line, culverts, etc., this has not been done due to the weather,
but is still underway.
Travis Underwood, 700 3rd Street, indicated that when it rains and the wind blows, water
comes off 3rd Street into his yard. He indicated that he has heard all of his life, it's to divert
the flow of water. His house has been floating in water since he talked to City Council six
weeks ago. The people that say water won't go into his yard have not been there when it's
raining. Five years ago the City paved 3rd Street and increased the height about a foot so
that water could stay in the ditch. The road covered the ditch, his drive slopes from the
road to house. The City did it and he needs help.
Brief Discussion.
Discussed possible improvements in that area in the future.
Looking at possible options: remove curb and/or additional culverts.
5. Discussion and Possible Action Regarding Presentation by John E. Baines, P.C. Concerning
Utility Audit.
John Baines addressed the Council:
- gave overview of presentation
- chronology of service
- firm qualifications
- recap of meeting with Rose, John and Gloria regarding different phases
- probing for answers
- Discussion with Rose and Paula on the formula used by Brazos.
- missing kwh
- revised focus
- looked at 2005, 2006, 2007 Brazos vs. City of Sanger Electric
Mr. Baines indicated that one consideration they were recommending is for the City to bill
the same dates as Brazos.
Mr. Baines indicated they looked at line loss percentages; no trend can be seen.
Mr. Baines continued to discuss the work they had accomplished to date, and indicated he
was asking for Council direction in which to proceed. Should he continue searching for the
lost kwh, or proceed with the actual audit of the bills.
City Secretary expressed that we can move forward with changing billing dates and move
forward with audit.
Discussion followed.
Discussion continued regarding line loss.
Electric Superintendent, Mike Prater, indicated there is a 1.5 to 2% line loss at the sub
station. The transformers have line loss and there is line loss from street lights and theft.
The percentage of line loss for Sanger is fairly low.
Councilman Muir moved that Mr. Baines move forward with audit of bills and address line
loss at a future date to nail that down. Seconded by Councilman Patton. Motion carried
unanimously.
6. Discussion and Engineer's Status Update Regarding Indian Springs Subdivision.
City Secretary stated that one councilman asked for this item to be on the agenda and
thought the City Engineer should address this.
City Engineer indicated they have been able to get a portion of the storm drain installed but
due to rainfall had to stop. As far as the drainage issue, they are going to re -grade the ditch
lines and re -install culverts to get positive drainage.
Bobby Swan, 207 Osage, indicated that he appreciates the City spending a half a million
dollars in their subdivision. He indicated that in 1986 the plat was done, which is the only
thing on record. The neighborhood wasn't built until 1996. The plat does not reflect the
proposed drainage easements that were built.
When the City annexed the subdivision, the 1986 plat was followed, not the 1996 plan. He
expressed that he would like the drainage fixed. He continued to explain that the proposed
easements were never dedicated, and the City let the builders build over the easements.
Discussion regarding culverts, easements and flooding.
i
City Engineer expressed that each culvert that is shown to be replaced has been engineered.
t
Steve Erdman, 201 Osage, showed pictures of Osage and Chippewa when flooded.
Jarrod in 2514 Caddo, indicated that the house that Bobby lives in belonged to the
Turner's. It got completely flooded when they lived there. This is an ongoing problem. He
indicated if the Council could do something, they would appreciate it.
Discussed drainage plan.
Mayor advised that the City will look into it and pursue to the extent that we can.
Discussion.
Bobby Swan indicated that his concern is with the easements.
Councilman Garza inquired as to when the improvements in Indian Springs are to be
completed.
City Engineer indicated they were scheduled to be completed by the end of August prior to
the weather delays.
Mayor requested to put on next agenda.
William Fuller,18700 Creekview, asked the Council to keep drainage in mind as the 40
acre Holson property is being developed.
Discussed drainage.
7. Consider and Possible Ordinance #07-23-07 -Amending the Comprehensive Zoning Map
by Granting a Spec Use Permit for a Fire Station.
Councilman Patton moved to approve Ordinance #07-23-07 -Amending the Comprehensive
Zoning Map by Granting a Specific Use Permit for a Fire Station. Councilman Garza
seconded. Motion carried unanimously.
Caption as follows:
AN ORDINANCE OF THE CITY OF SANGER, TEXAS, AMENDING THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SANGER, AS
HERETOFORE AMENDED, BY GRANTING A SPECIFIC USE PERMIT FOR A FIRE
STATION ON A TRACT OF LAND OF 3.212 ACRES MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND MADE A P T HEREOF1
PROVIDING SPECIAL CONDITIONS; PROVIDING A REPEALING CLAUSE;
PROVIDING 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 AN EFFECTIVE DATE.
$. Consider and Possible Action on Ordinance #07-26-07 - Amending the Comprehensive
Zoning Map by Granting a Specific Use Permit for an Elementary School.
Councilman Muir moved to approve Ordinance #07-26-07 -Amending the Comprehensive
Zoning Map by Granting a Specific Use Permit for an Elementary School. Seconded by
Councilman Patton. Motion carried unanimously.
Caption as follows:
AN ORDINANCE OF THE CITY OF SANGER, TEXAS, AMENDING THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SANGER, AS
HERETOFORE AMENDED, BY GRANTING A SPECIFIC USE PERMIT FOR A
PUBLIC SCHOOL ON A TRACT OF LAND OF 19.232 ACRES MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND MADE
A PART HEREOF; PROVIDING SPECIAL CONDITIONS; PROVIDING A
REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR
A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS
($21000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE,
9. Consider and Possible Action on Ordinance #07-24-07 - Adding "Outside Display, Storage
and Sales" to the B2 Zoning District Permissible with a Specific Use Permit.
Councilman Ervin moved to approve Ordinance #07-24-07 -Adding "Outside Display,
Storage and Sales" to the B2 Zoning District Permissible with a Specific Use Permit.
Councilman Patton seconded. Motion carried unanimously.
Caption as follows:
AN ORDINANCE AMENDING CHAPTER 14, SECTION 30 USE OF LAND AND
BUILDINGS BY CREATING A CLASSH+ ICATION FOR A NEW AND UNLISTED USE,
BEING "OUTSIDE DISPLAY AND SALES", AND DETERMINING THE ZONING
DISTRICT WITHIN WHICH SUCH USE SHOULD BE PERMITTED; PROVIDING
FOR THE REPEAL OF ORDINANCES IN CONFLICT; PROVIDING A SAVINGS
CLAUSE; PROVIDING A PENALTY CLAUSE, AND PROVING FOR AN EFFECTIVE
DATE.
10. Consider and Possible Action on a Final Plat for Indian Lane Elementary.
Councilman Patton moved to approve the Final Plat for Indian Lane Elementary.
Seconded by Councilman Garza. Motion carried unanimously.
11. Conduct Public Hearing to Consider a Specific Use Permit for Outside Display and Sale of
Playground Equipment, Backyard Storage, Buildings and Carports on Property Legally
Described as Part of Abstract 1241, Tract 222. Property is Located at 1200 S. Stemmons
(beside Smokey's).
Public Hearing opened.
No one spoke for or against.
Public Hearing closed.
12. Consider and Possible Action on Ordinance #07-25-07 - Regarding a Specific Use Permit
for Outside Display and Sale of Playground Equipment, Backyard Storage Buildings and
Carports on Property Legally Described as Part of Abstract 1241, Tract 222. Property is
Located at 1200 S. Stemmons (beside Smokey's).
Councilman Garza asked if they had given a variance on parking.
Staff indicated that part of the SUP included a request to use Smokey's parking lot.
Discussed parking and Planning and Zoning's stipulations.
Cecile Carson indicated that on Item #2, material that sheds can be made of, thought
Council may want to stipulate "non-metal".
Add non-metal to Item #2.
Councilman Ervin moved to put "non-metal sheds" and approve Ordinance #07-25-07.
Councilman Muir seconded. Motion carried unanimously.
Caption as follows:
AN ORDINANCE OF THE CITY OF SANGER, TEXAS, AMENDING THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SANGER, AS
HERETOFORE AMENDED, BY GRANTING A SPECIFIC USE PERMIT FOR
OUTDOOR DISPLAY AND SALES OF PLAYGROUND EQUIPMENT, STORAGE
SHEDS, AND CARPORTS ON A TRACT OF LAND OF .747 ACRE MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND MADE
A PART HE, PROVIDING SPECIAL CONDITIONS; PROVIDING A
REPEALING CLAUSE; PROVIDING 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 AN EFFECTIVE DATE.
13. Conduct Public Hearing to Consider a Zoning Change Request from AG (Agriculture)
to I-1 (Industrial 4) on Property Legally Described as Abstract 71, Tract 4A Being 1.324
i
Acres and Abstract 940, Tract 5A, Being 3.93 Acres. Property is Located on Cowling
Road.
Public Hearing opened.
Nim Ashley, 402 9`h Street, indicated the parcel belongs to A&W Productions. He has been
up here before to get this zoned I-1. He is looking to build simple storage and is asking
again for that to be changed to I4. He indicated that he has a concern regarding the
water situation in front of Quail Run. There is a dam and DR Horton has obstructed the
natural flow of water They came through the fence and placed a storm drain on an up hill
portion of his property. It hasn't been an issue up until the time they needed to build a
building. His concern is that if it is not done correctly and there is no right of way, there
will be problems for the homes there in the future.
Mr. Ashley also indicated he would be seeking a variance on the setbacks. He indicated this
new extension would create about 36 more jobs.
Public Hearing closed.
14. Consider and Possible Action Regarding a Zoning Change Request from AG (Agriculture)
to I4 (Industrial -1) on Property Legally Described as Abstract 71, Tract 4A Being 1.324
Acres and Abstract 940, Tract 5A, Being 3.93 Acres. Property is Located on Cowling Road.
City Secretary mentioned that Councilman Ervin brought the drainage concern to her
attention a few weeks ago and she spoke to the Engineer concerning the problem. City
Engineer was to contact the developer to get this corrected.
City Engineer spoke with Lennar Homes and they have indicated that they will come
restore it to what it was. He has contacted Dowdy Anderson to see what to do about
drainage.
City Secretary indicated that Pat Dunlap has been advised not to issue building permits in
that location.
City Engineer will draw up letter for Mr. Ashley to sign to give Lennar permission to come
on the property to restore the property.
Councilman Patton moved to approve the zoning change from AG to I4. Councilman
Ervin seconded.
Councilman Garza was concerned about changing I-1 due to possible future business, and
that it will be adjacent to residential property.
i
Councilman Muir felt it should be approached with a PD that outlined what can and cannot
' be done on the property. Councilman Muir also expressed a concern regarding the
residential property that is adjacent to this property.
Motion carried 3 to 1. Councilman Muir voted no.
15. Conduct Public Hearing to Consider Amending the Zoning Ordinance by Creating a
Classification for "Outside Display and Sales" and Creating a Classification for "Modular
Building Sales, Service and Rental.
Public Hearing opened.
Randall Smith, 829 Tealwood Circle, indicated he owned the 120 acres that this in reference
to. He has a gentleman wishing to do sales and service of modular buildings on a portion
of the property.
Public Hearing closed.
1G. Consider and Possible Action Regarding Amending the Zoning Ordinance by Creating a
Classification for "Outside Display and Sales" and Creating a Classification for "Modular
Building Sales, Service and Rental
Councilman Ervin moved to approve the amendment to add the Category to Industrial 1
and require an SUP. Councilman Muir seconded. Motion carried unanimously.
17. Conduct Public Hearing to Consider a Zoning Change Request from AG (Agriculture) to
I4 (Industrial 1) on Property Legally Described as Abstract 29, Tracts 108,110, and 111.
Property is Located South of Lois Road, Between the Railroad Tracks and Stemmons
Freeway.
Public Hearing open.
No one spoke for or against.
Public Hearing closed.
18. Consider and Possible Action Regarding a Zoning Change Request from AG (Agriculture)
to I-1 (Industrial - 1) on Property Legally Described as Abstract 29, Tracts 108,110, and
111. Property is Located South of Lois Road, Between the Railroad Tracks and Stemmons
Freeway.
Councilman Ervin moved to change from AG to Il. Councilman Patton seconded. Motion
carried unanimously.
19.
20.
21.
Consider and Possible Action on Board Appointments and Accept Resignation from Board
Member.
City Secretary would like to include Don McClure, Norma Matney and LeAnn Johnson for
the Library Board.
No recommendations on Keep Sanger Beautiful or the Historic Commission.
Discussion.
Councilman Muir moved to appoint Kay Van Hauen and Shelley Ruland to the Planning
and Zoning Commission, Councilman Patton seconded. Motion carried unanimously.
Councilman Ervin moved to approve library members.
Motion carried unanimously.
Possible List of Future Agenda Items.
None.
Meeting adjourned.
ATTEST:
Rose Chavez, City
Councilman Muir seconded.
oe Higgs,