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08/02/2021-CC-Minutes-RegularBANGER *TEXAS ►I l-Lvt li �. CITY COUNCIL REGULAR MEETING MONDAY, AUGUST 2, 2021 7:00 PM HISTORIC CHURCH BUILDING 403 N 7TH STREET, SANGER, TEXAS COUNCIL MEMBERS PRESENT: Mayor Thomas Muir, Mayor Pro Tem Gary Bilyeu, Councilmembers: Victor Gann, Marissa Barrett, and DennisDillon. COUNCIL MEMBERS ABSENT: Councilmember Allen Chick STAFF MEMBERS PRESENT: City Manager John Noblitt, Assistant City Manager Alina Ciocan, City Attorney Hugh Coleman, City Secretary Kelly Edwards, Court Administrator/Deputy City Secretary Christy Dyer, Director of Finance Clayton Gray, City Engineer Tracy LaPiene, Director of Public Works Jim Bolz, and Social Media Manager LauraKlenke. 1. Call Meeting to Order, Establish a Quorum (Roll Call),Invocation. Mayor Muir called the Regular Session to order at 7:00 p.m. The invocation given by Councilmember Dillion the Pledge of Allegiance was led by Councilmember Gann. 2. CITIZEN INPUT: No one addressed the Council. 3. CONSENT AGENDA: a. Approval of Minutes 1. Consider the minutes of the July 19, 2021, Work Session. 2. Consider the minutes of the July 19, 2021, Regular Session. Page 1 of 6 b. Resolution #08-07-21 Closing a Bank Account Consider approval of Resolution #08-07-21 Authorizing the Closure of a Bank Account. Motion made by Councilmember Bilyeu to approve the consent agenda as presented. Councilmember Dillion seconded the motion. Motion passed unanimously. 4. Consider Any Items Removed from ConsentAgenda. None. REGULAR AGENDA 5. A&E Pet Haven - SUP Conduct a Public Hearing and Consider, Discuss and Act on Ordinance # 08-17-21 Regarding a Specific Use Permit for a Kennel Facility at 304 Acker Street, Ste 105; Generally Located on the East Side of Acker Approximately 230 Feet North of Pecan Street. (Hammonds) Mayor Muir opened the Public Hearing 7:04 p.m. Director Hammonds provided an overview of the previous approval of the Specific Use Permit for a four-year period and stated the Planning & Zoning Commission recommended approval of the new permit for a five year period. Shellie Wallace, DVM applicant, stated that business was increasing with people traveling more frequently. Mayor Muir closed the Public Hearing 7:07 p.m. Motion made by Councilmember Bilyeu to approve Ordinance # 08- 17- 21 regarding a Specific Use Permit for a Kennel Facility at 304 Acker Street, Ste 105. Councilmember Barrett seconded the motion. Motion passedunanimously. Mayor Muir moved to items 12 and 13 of the agenda. 6. Resolution #08-06-21 Changing Bank Signatories Approval of Resolution #08-06-21 Authorizing a Change of Authorized Bank Signatories. (Gray) Director Gray provided an overview of the resolution. Motion made by Councilmember Dillion to approve Resolution #08- 06- 21 authorizing a change of authorized bank signatories. Councilmember Gann seconded the motion. Motion passed unanimously. 7. Street Rehab 2021 Consider, Discuss and Act on Authorization to Utilize the Interlocal Purchasing Agreement with the City of Grand Prairie for Contract with Reynolds Asphalt & Construction Company for Street Reconstruction of 3rd Street from Peach Street to FM Page 2 of 6 455, 4th Street from Elm Street to FM 455, Plum Street from 5th Street to 2nd Street, and Elm Street from 5th Street to 2nd Street for an amount not to exceed $205,692. (Bolz) Director Bolz provided an overview of the reconstruction of the streets. Discussion ensued regarding the pricing provided by Reynolds for the reconstruction. Motion made by Councilmember Bilyeu to approve utilizing the Interlocal Purchasing Agreement with the City of Grand Prairie for a contract with Reynolds Asphalt & Construction Company for Street reconstruction of 3rd Street from Peach Street to FM 455, 4th Street from Elm Street to FM 455, Plum Street from 5th Street to 2nd Street, and Elm Street from 5th Street to 2nd Street for an amount not to exceed $205,692. Councilmember Barrett seconded the motion. Motion passed unanimously. 8. Melinda Myrl Street Repair Consider, Discuss, and Possibly Approve the Regrading and Paving of Melinda Myrl by Reynolds Asphalt and Construction Company in an Amount Not to Exceed $81,442. (Bolz) Director Bolz provided an overview of the item and the repairs to Steve Court. Discussion ensued regarding residents' drainage concerns, creating a gradual channel for the water, and addressing the cul-de-sacs in the future. Motion made by Councilmember Bilyeu to approve the regrading and paving of Melinda Myrl by Reynolds Asphalt and Construction Company in an amount not to exceed $81,442. Councilmember Dillion seconded the motion. Motion passed unanimously. 9. Steve Court Street Repairs Consider, Discuss, and Possibly Approve the Replacement of the Cul-de-Sac of Steve Court Using Martinez Brother Concrete and Landscaping, LLC in an Amount Not to Exceed $49,152. (Bolz) Motion made by Councilmember Bilyeu to approve the replacement of the Cul- de- Sac on Steve Court using Martinez Brother Concrete and Landscaping, LLC in an amount not to exceed $49,152. Councilmember Barrett seconded the motion. Motion passed unanimously. 10. Emergency Contract with Mabak Directional Drilling Consider, discuss, and act on Resolution 08-08-21, approving a contract with Mabak Direction Drilling, Inc., for the Emergency Repair of a Sewer Line; making findings of an Emergency Exempting the contract from the requirements of Competitive Bidding Under Chapter 252 Of The Texas Local Government Code. (Bolt) Director Bolz provided an overview item. He stated that they could not bore under the street to complete the repair due the grade necessary to maintain the gravity flow of the line. Motion made by Councilmember Barrett to approve Resolution 08- 08- 21, approving Page 3 of 6 a contract with Mabak Direction Drilling, Inc., for the emergency repair of a sewer line. Councilmember Dillion seconded the motion. Motion passed unanimously. 11. Budget Amendment - Ordinance#08-16-21 Consider, Discuss and Act on Ordinance #08-16-21, Amending Ordinance #09-24-20, Which Will Amend the Budget For The Fiscal Year 2020-2021 And Authorizing Amended Expenditures as Provided. (Gray) Director Gray provided an overview of amendment appropriating funds for the costs of item 8 through 10 of the agenda, excluding any amounts that were approved in the current budget. Motion made by Councilmember Bilyeu to approve Ordinance #08-16- 21, Amending Ordinance #09 24 20, which will amend the Budget for the Fiscal Year 2020- 2021 and authorizing amended expenditures as provided. Councilmember Gann seconded the motion. Motion passed unanimously. 12. FM 455 Utility Relocation - TXDOT Standard Utility Agreement(Water) Consider, Discuss and Possibly Act on Approving a Standard Utility Agreement for Water Utility Relocation Associated with the FM 455 Utility Relocation Project, and Authorizing the Mayor to Execute Agreement and Approve Any Subsequent Amendments. (LaPiene) Director LaPiene provided an overview of agreements. Danny Everett and Bart Hines, Dannenbaum Engineering provided an overview of the process for reimbursement with TxDOT. Discussion ensued regarding the letting date of the construction for FM 455 and I-35, planned improvements/betterments during the relocation, two additional agreements for the relocation of utilities for I-35 and the process for pay applications. Motion made by Councilmember Bilyeu to approve a Standard Utility Agreement with TxDOT for Water Utility relocation associated with the FM 455 Utility Relocation Project for the lowering and/or relocation of water lines and crossings from station 182+00 to 308+00 which is in response to the widening of FM 455 from just west of FM 2450 to just east of Marion Road, and authorizing the Mayor to execute the agreement and approve any subsequent amendments. Councilmember Dillion seconded the motion. Motion passed unanimously. 13. FM 455 Utility Relocation -TXDOT Standard Utility Agreement (Sewer) Consider, Discuss and Possibly Act on Approving a Standard Utility Agreement for Sewer Utility Relocation Associated with the FM 455 Utility Relocation Project, and Authorizing the Mayor to Execute Agreement and Approve Any Subsequent Amendments. (LaPiene) Motion made by Councilmember Bilyeu to approve a Standard Utility Agreement for Sewer Utility relocation associated with the FM 455 Utility Relocation Project for the lowering and/or relocation of water lines and crossings from station 182+00 to 308+00 which is in response to the widening of FM 455 from just west of FM 2450 to just east of Marion Page 4 of 6 Road, and authorizing the Mayor to execute the agreement and approve any subsequent amendments. Councilmember Gann seconded the motion. Motion passed unanimously. Mayor Muir moved back to item 6 of the agenda. 14. Proposed Engagement Agreement Consider, Act and Approve the City Manger to execute an Engagement Agreement to hire Alagood, Cartwright, Burke to represent and assist the City of Sanger in acquiring real property and or easements through condemnation or other means. (Coleman) Attorney Coleman provided an overview of the agreement with the law firm. Motion made by Councilmember Bilyeu to authorize the City Manger to execute an Engagement Agreement to hire Alagood, Cartwright, Burke to represent and assist the City of Sanger in acquiring real property and or easements through condemnation or other means. Councilmember Barrett seconded the motion. Motion passedunanimously. 15. INFORMATION ITEMS: a. GFOA Distinguished Budget Presentation Award Mayor Muir acknowledge the achievement receiving the 4th award from GFOA. b. Monthly Financial Report - June 30, 2021 C. Capital Projects Recap - July 26, 2021 d. Joint Board Meeting A future Joint Board Meeting to discuss the Comprehensive Plan and Economic Development Incentive Policy. Assistant City Manager Ciocan provided an overview of the proposed joint meeting discussion to include 413, 4B, and the Planning & Zoning Commission Council selected the date of September 8, 2021, with the meeting beginning at 5:30 p.m. 16. EXECUTIVE SESSION: a. Texas Government Code Section 551.071— Consultation with Attorney (1) when the governmental body seeks the advice of its attorney about: (A) pending or contemplated litigation; or (B) a settlement offer; or (2) on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter. A. Notice of Claim from MichaelBurrow B. Notice of Claims from McCathem, Shokouhi, Evans & Grinke b. Texas Government Code Section 551.074 — PersonnelMatters Page 5 of 6 Receive information and deliberate regarding the duties and responsibilities of a City officer or employee - City Attorney Mayor Muir read the items for Executive Session and the Council convened into Executive Session at 8:25 p.m. 17. RECONVENE: OPEN MEETING: Mayor Muir and the Council reconvened into open session at 9:05 p.m. No action taken from executivesession. 18. FUTURE AGENDA ITEMS: Provide an update regarding the signage for Trail Dust. 19. ADJOURN. There being no further business, Mayor Muir adjourned the meeting at 9:07 p.m. Thomas E. Muir, Mayor ` �Ov. 1Sala! Kell§ Edw ds, City Secretary TEXAS ��!!!!ll7fPtltllll,i` Page 6 of 6