11/20/2017-CC-Minutes-RegularCITY OF SANGER, TEXAS
MINUTES: REGULAR CITY COUNCIL MEETING
November 20, 2017, 7:00 p.m.
502 Elm Street, Sanger, Texas
COUNCIL MEMBERS PRESENT: Mayor Thomas Muir, Councilman Bill Boutwell,
Councilman David Clark, Councilman Allen Chick, Councilman Gary Bilyeu,
Councilman Lee Allison
COUNCIL MEMBERS ABSENT: None
The Mayor and all Council Members were present constituting a quorum.
STAFF MEMBERS PRESENT: Acting City Manager Alina Ciocan, City Secretary Cheryl
Price, Finance Director Clayton Gray, Director of Parks and Recreation Jim Berman
1. Call Meeting to Order, Invocation, Pledge of Allegiance.
The Regular City Council Meeting was called to order by Mayor Muir on Monday,
November 20, 2017 at 7:00 p.m. The Invocation was given by Councilman Allison
and The Pledge of Allegiance was led by Councilman Clark.
2. Citizens Input: (Citizens are allowed 3 minutes to speak. The City Council is
unable to respond or to discuss any issues brought up during this section).
There were no citizens present who wished to be recognized to speak.
3. CONSENT AGENDA:
a) Approval of Minutes:
1. City Council Work Session, November 6, 2017
2. City Council Regular Meeting, November 6, 2017
b) Disbursements
c) Approve Appointing Matt Fuller to Open Board Position, Place 5, on the
Planning and Zoning Commission.
d) Approve and Authorize the Mayor to Sign an Interlocal Cooperation
Agreement with Denton County for Library Services.
A motion was made by Councilman Bilyeu to approve the Consent Agenda as
presented. The motion was seconded by Councilman Boutwell. Motion carried
unanimously (5-0 vote).
4. Consider any Items Removed from Consent Agenda.
None.
REGULAR AGENDA
5. Consider, Discuss and Possibly Act on Approving and Authorizing the Mayor
to Sign Contracts with USA SHADE and Fabric Structures for the Fabrication
and Installation of Shade Structures at John Porter Sports Complex and
Railroad Park Not to Exceed $242,248.44.
Parks and Recreation Director Jim Berman was recognized to present the request.
He advised that back in July the 4B Development Corporation put together their
budget for this fiscal year and in that budget, they allocated for shade structures over
the bleachers at Porter Park and Railroad Park. The budget was approved for
$250,000. The additional funds would allow additional unforeseen items such as
moving utilities, etc. The bid was from the State Contract. Councilman Boutwell
was concerned regarding the contract and that there were a lot of things that weren't
included. He expressed concerns regarding some of the wording on utilities and
other items. Mr. Berman advised that the contractor is basically providing the
structure and assembling it and putting the piers in and putting it together. If there
are any utilities that need to be moved, we will have to move them. On Railroad
Park, Mayor Muir noted concern about the piers and whether the structure would be
sturdy enough since the site is on a former landfill site. Councilman Boutwell noted
they have a lot of limitations noted on their contract on items that they will not be
responsible for and asked if he foresees a lot of change orders. Mr. Berman noted
that the way the proposal is written is when they are not dealing with a municipality
the permitting agency drags their feet and stretches it out for a long period of time
and there could be changes of prices in steel at the factory and the prices would go
up. Since we are the permitting agency he does not see us holding up the project.
There was concern regarding the structures holding up in high winds and Mr.
Berman noted the structures will be insured. Mayor Muir noted that his concern is, if
it will matter whether we are poking holes in the ground where the former landfill
was. Mr. Berman noted that he was not aware of any regulations. There were
additional questions and it was noted there were three (3) shades going to be
installed at Porter and eight (8) shades at Railroad. Mr. Berman stated he received
comments favoring the project. Mayor Muir noted one of the comments was from
the pee -wee league attendees and their complaint was that there was no shade at
the park and this would help bring in more out of town tournaments and, there were
some comments regarding the backstop. Mayor Muir noted that he thought it was
going to look very nice. Councilman Bilyeu asked what the time frame was on the
project. Mr. Berman advised that he is trying to get it done before spring. They are
already doing the drawings but were not going to start ordering the parts until we
issued the P.O. We would like to get them in by March. By the time the holes are
being drilled, the product will be onsite. Councilmembers noted they would like to
know when construction starts because they will start getting questions. Acting
City Manager Alina Ciocan advised that Council would be notified and we can also
take a proactive approach and post it on the website, Facebook and Twitter.
A motion was made by Councilman Boutwell to approve and authorize the Mayor to
sign contracts with USA SHADE and Fabric Structures for the Fabrication and
Installation of Shade Structures at John Porter Sports complex and Railroad Park
not to exceed $242,248.44. Motion was seconded by Councilman Bilyeu.
Discussion was called. Councilman Clark asked if we have had our legal team look
at the contract. Mr. Berman stated that we can have the attorney look at it, that he
has not had any of the contracts that he has done in the past reviewed by the
attorney. Councilman Clark asked if this was normal. Mayor Muir noted that if we
have a major deal we have the contracts reviewed. On something that is
standard/routine or "boilerplate", we do not typically have the attorney review, which
helps to balance legal costs. Acting City Manager Alina Ciocan advised that this
seems to be a pretty standard agreement and that staff has no issues with sending it
out for review before we execute it if that is what Council wants. Councilman Clark
noted that he is not asking to do it, but it is a $250,000 contract; and, there could be
some future liability with it, so he was just wondering if it was necessary. Mayor Muir
noted that with this type of contract we normally don't, but on a one party to one
party contract that is not replicated anywhere else, we would have it reviewed. This
type of contract where they are putting up shade structures in every ballfield in the
county and it is a "rubberstamped" contract, often we don't. Mayor Muir noted that if
the Council has real heartburn on that it he is for it; but, at the same time, he is also
ok if we do not send it out for review. He stated he wanted to get a sense from the
Council and if the Council wants to have it reviewed, we can definitely do it.
Councilman Allison asked what the Warranty was on this. It was noted there was a
limited warranty that was specific to different parts such as the steel is warranted for
10 years and there was a clause that if someone other them install, it would have to
be exactly to their specifications or it would void the warranty; fabrics are warranted
for 10 years, etc. Councilman Clark noted he was concerned mostly with liability. It
was noted that there is a Certificate of Insurance included in the packets.
Councilman Bilyeu noted that if we have them install it, their liability covers it, and we
have some recourse. Councilman Allison noted concern that in the contract under
the Statement of Limited Warranty that there is one statement he would like for the
attorney to look at, which says that at the company's "sole discretion" the company
will repair or replace defective product or workmanship or refund the portion of the
defective product or service rendered. There was discussion as to taking out the
statement "sole discretion". Councilman Boutwell asked if they could make an
amendment to the contract and remove the statement of "sole discretion" so they
could move forward with the installation to make the Spring installation deadline.
Mayor Muir noted they could do that or they could opt for the contract to be
contingent on review by legal counsel.
Councilman Allison offered an amendment to the original motion made by
Councilman Boutwell subject to the limited liability clause statement "at sole
discretion" being removed from the contract. Councilman Boutwell agreed to amend
his motion to approve contingent on staff's consideration of the legal language, most
specifically to delete the 'at sole discretion" language from the contract; and, any
other review staff feels is necessary Councilman Bilyeu agreed to the amendment
and revised his second to the motion. The motion carried unanimously (5-0 vote).
Parks and Recreation Director noted that the Park Tour for tomorrow is going to be
cancelled because it is already dark at 5:45. It will be rescheduled in the Spring.
6. Consider, Discuss and Possibly Approve Ordinance #11-37-17 — Amending
Chapter 13, Utilities of the Code of Ordinances, Article 13.300 Tampering with
Utility Service Equipment, Article 13.1300 Installation of Underground
Electrical Service; Article 13.1400 Installation of Street Lights; Article 13.1600
Utility Billing Procedures; Article 13.1700 Average Monthly Payment Plan;
Providing for Repeal, Penalty, Severability and an Effective Date.
Finance Director Clayton Gray was recognized to present his portion of the
Ordinance. He noted that he worked with Mike Brice on this ordinance and they
came up with the proposed changes. The first portion "Meter tampering", basically
states that any damages are taken care of by the person that causes the damage.
The next two portions 13.1300 and 13.1400 regarding Electric, Mike Brice had
worked with Mike Prater on this and these two items are the updates to reflect our
current standards. Article 13.1600 basically are housekeeping items, keeping in
tune with the way that our policies and procedures have changed through the years.
The next two sections are complete additions. Article 13.1608 allows for adjustment
of a water bill for a leak that has been repaired. Currently we do not have this
stipulation for these types of adjustments. The way this is written allows us to adjust
for a period of up to two consecutive months. Within any 12-month period for a
resident who has had a leak that has been repaired may come and make application
and provide proof of repair. To make the adjustment we would go through and look
at their history to calculate an expected or average usage for that month. This would
allow for some financial relief for citizens and also make sure that the City is
covering our bases and covering all of our costs. Section 13.1608 is similar, but
this is an adjustment for a high -volume water bill, which is not as a result for some
repair for whatever reason is abnormally high usage which can come from things like
running toilets, some people have come in and they are in new construction areas
where a contractor is using their water during the day, etc. Those things that can't
be proved, but the usage has gone up considerably. This adjustment is a little
different, in that it will be only for a one -month period. A lot of times when someone
has a leak they don't realize it until they get their water bill and often times by the
time they open the envelope we are already two to three weeks into the billing cycle.
This adjustment can be granted once every 36 months. As part of the process the
calculation will be the same; however, the expected consumption when calculated,
has to be three (3) times the normal consumption before we consider making an
adjustment. There is an allowance for the City to investigate the circumstances, for
instance checking the meter, sprinkler system (if they have one) and checking the
irrigation settings, etc. Both of these items would be initiated by the customer.
Councilman Allison asked how he came up with the three times the amount.
Finance Director Clayton Gray advised that the way they arrived at that amount is
that they looked at about 15 cities around the state that have ordinances like this
and the three times normal consumption was used most frequently. Austin had the
most lenient policy and they will let you do something once ever 12 months no
matter what it is. Mike Brice particularly liked the City of Farmers Branch standards
which we basically mirrored. There was discussion as to how the calculations were
done and different scenarios. Finance Director Clayton Gray noted that there is also
an added item (g) in 13.1609, an exception, which allows for extraordinary
circumstances which may be considered with approval of the city manager. There
was discussion regarding this and the reason that Mike Brice added this in 13.1609
and not in 13.1608 is because in 1608 there is not a requirement that it be a certain
volume, it is just that there is proven repair. Under both of these sections if their
water consumption affected the sewer consumption it can also be recalculated.
Article 17.700 is basically just cleaning up general housekeeping issues and adding
Item (f) Termination where a customer's participation in the average monthly
payment plan shall terminate either when service is terminated or when a penalty for
late payment is applied to the account. So, in order to stay on the AMP Plan, you
must pay you bill on time.
Mayor Muir noted that one of the changes he noted is that it took the calculating,
etc., from the City Manager and gave it to the Finance Director. Finance Director
Clayton Gray stated that he has been doing it since he started working at the City
and this is just moving the ordinance into the way it has been done for the last
couple of years.
Councilman Boutwell noted a typographical area on 13.300 (a) (7) the word "collect"
in the last sentence should be "collected".
Councilman Boutwell noted Article 13.1300 (9) The compaction amount needs a
percentage of compaction that is required. Councilman Allison noted that details like
that are in the construction standards. Acting City Manager Alina Ciocan advised
that we can put it in the Ordinance that it "shall be compacted to meet the City's
construction standards". With this addition we would not have to update this
ordinance every time we change the construction standards.
Councilman Clark asked about if in instances of a highwater bill do we test the meter
for accuracy in-house, or send it out to a third party. Finance Director Clayton Gray
stated that we send it out to a third party. Councilman Clark also asked if we offered
a water audit and if we did it or paid for it by third party. It was noted that someone
on staff does it. Councilman Clark noted he liked the idea of the third party testing
the meters and an offer of the water audit.
A motion was made by Councilman Bilyeu, to approve Ordinance #11-37-17 —
Amending Chapter 13, Utilities of the Code of Ordinances, Article 13.300 Tampering
with Utility Service Equipment, Article 13.1300 Installation of Underground Electrical
Service; Article 13.1400 Installation of Street Lights; Article 13.1600 Utility Billing
Procedures; Article 13.1700 Average Monthly Payment Plan with the modification
concerning compaction in 13.300 (9) with a phrase being added that it must meet
the City's construction standards. Motion was seconded by Councilman Clark.
Motion carried unanimously (5-0) vote.
7. Consider, Discuss and Possibly Act on Approving and Authorizing the Mayor
to Sign Change Order #1 with Pavecon Construction.
Acting City Manager Alina Ciocan provided a summary. She noted that Mike Brice
had put this memo together before he passed and it was his intent to bring it before
City Council, but because of everything that happened, it did not make it on the
agenda. She noted that her understanding of it is that on the McReynolds Project
the contractor sloped part of the road in the wrong direction. Our engineers met with
Mike Brice and Neal Welch and determined that the issue would not materially affect
the project. There were some negotiations back and forth and ultimately what was
agreed upon was that Pavecon was going to give us a credit for $70,000, and they
were going to work on a section of Bolivar from Railroad to 2nd Street and our
contribution would be approximately $88,000. Mayor Muir noted that Mike Brice had
visited with him on this and they were in the process of working through it. When
they looked at the slope, because of the way the drainage works, it was not
adversely affected. There was a lot of back and forth and he did not know what the
details of the negotiations were but they did agree to do some additional work for us
to compensate. Mike Brice thought this would be a good in-between and save
ripping everything out when it really would not change the soundness of the road
and the flow. The reason for focusing on the Railroad Avenue piece is smooth it out
and raise it to avoid future high centering by trucks on the track. There was
considerable miscellaneous discussion regarding the project details and it was
discussed that we may want to get input from the Engineer Pacheco Koch on the
offer. Council discussed postponing a decision tonight and wanted to have Neal
Welch Director of Public Works present to answer questions. Mayor Muir suggested
taking no action on this item and bringing it back when we have the appropriate
information available. No action was taken on this item.
8. INFORMATION ITEMS:
a) All American Dogs Animal Report Summary
Mayor Muir noted that we used to receive a detailed report and it was done by one
of the owners that recently passed away. They are also in a transition period and
are working on getting us a report in the future. They did give us a summary of the
animal intake in the form of an e-mail.
9. ADJOURN.
There being no further discussion the meeting was adjourned by Mayor Muir at 8:08
P. M.