05/17/2021-CC-Minutes-RegularMINUTES
CITY COUNCIL REGULAR MEETING
MONDAY, MAY 17, 2021
7:00 PM
HISTORIC CHURCH BUILDING 403 N 7TH STREET
SANGER, TEXAS
COUNCIL MEMBERS PRESENT:
Mayor Thomas Muir, Councilmember David Clark, Councilmember Marissa Barrett,
Councilmember Allen Chick, Councilmember Dennis Dillon, Mayor Pro Tem Gary Bilyeu
COUNCIL MEMBERS ABSENT:
All members present.
1.Call Meeting to Order, Establish a Quorum (Roll Call), Invocation.
There being a quorum, Mayor Thomas Muir called the May 17, 2021, City Council Meeting to
order at 7:00pm. The Invocation was given by Councilmember Chick. The Pledge of Allegiance was
led by Councilmember Clark.
2.Issue Certificate of Election, Statement of Elected Official and Oath of Office.
Deputy City Secretary Christy Dyer read the Oath of Office and the Statement of Elected Official to
Councilmember Marissa Barrett, Place 1; Councilmember Dennis Dillon, Place 3; and
Councilmember Victor Gann, Place 5.
3.Commend David Clark for his Service as a Councilmember
Mayor Muir presented Councilman Clark with an award in appreciation for his service to the city.
4.CITIZEN INPUT:
There were no citizens who came forward wishing to speak.
5.CONSENT AGENDA:
a.Approval of Minutes From Work Session 050321
b.Approval of Minutes From Regular Session 050321
c.Approval of Minutes From Special Meeting 051021
Mayor Pro Tem Bilyeu made a motion to accept the Consent Agenda. Motion was seconded by
Page 1
MINUTESCITY COUNCIL REGULAR MEETINGMONDAY, MAY 17, 20217:00 PMHISTORIC CHURCH BUILDING 403 N 7TH STREETSANGER, TEXASCOUNCIL MEMBERS PRESENT:Mayor Thomas Muir, Councilmember David Clark, Councilmember Marissa Barrett,Councilmember Allen Chick, Councilmember Dennis Dillon, Mayor Pro Tem Gary BilyeuCOUNCIL MEMBERS ABSENT:All members present.1.Call Meeting to Order, Establish a Quorum (Roll Call), Invocation.There being a quorum, Mayor Thomas Muir called the May 17, 2021, City Council Meeting toorder at 7:00pm. The Invocation was given by Councilmember Chick. The Pledge of Allegiance wasled by Councilmember Clark.2.Issue Certificate of Election, Statement of Elected Official and Oath of Office.Deputy City Secretary Christy Dyer read the Oath of Office and the Statement of Elected Official toCouncilmember Marissa Barrett, Place 1; Councilmember Dennis Dillon, Place 3; andCouncilmember Victor Gann, Place 5.3.Commend David Clark for his Service as a CouncilmemberMayor Muir presented Councilman Clark with an award in appreciation for his service to the city.4.CITIZEN INPUT:There were no citizens who came forward wishing to speak.5.CONSENT AGENDA:a.Approval of Minutes From Work Session 050321b.Approval of Minutes From Regular Session 050321c.Approval of Minutes From Special Meeting 051021
Mayor Pro Tem Bilyeu made a motion to accept the Consent Agenda. Motion was seconded by
Councilmember Dillon. Motion passed unanimously with a 50 vote.
6.Consider Any Items Removed from Consent Agenda.
There were no items removed from the agenda.
REGULAR AGENDA
7.308 Bolivar St Variance
Conduct a Public Hearing and Consider, Discuss, and Possibly Act on a One Day Variance to
Article 4.1000 Alcoholic Beverage, Section 4.1004 (b) Sale Near Daycare Center or Childcare
Facility.
Mayor Muir opened the public hearing at 7:16pm. There were no citizens who came forward
wishing to speaking. Mayor Muir closed the open hearing at 7:17pm.
Director of Development Services Ramie Hammonds briefly spoke about the 308 Bolivar Street
Variance. She stated the Sanger Chamber of Commerce is requesting a variance to the Code of
Ordinance, Article 4.1000 Alcoholic Beverage, Section 4.1004(b) Sale Near a Daycare Center or
Childcare Facility, for a beer garden on the corner South East corner of Bolivar Street and 4th
Street. The Sanger Chamber of Commerce is requesting the one day variance during the Sanger
Sellabration, October 30, 2021. The beer garden will be in an enclosed 20x40 tent with security at
both the entrance and the exit. The Code of Ordinance states that alcoholic beverages cannot be
within 300 feet from daycare center or childcare facility. The property in question is 185 feet from a
daycare center or childcare facility. Ramie stated that the day of the Sanger Sellabration, the
daycare will be closed, and the beer garden will be opened only during the live entertainment, which
is approximately 5:30pm 7:30pm. Ramie also, stated that staff mailed out 9 public hearing notices
to the owners of properties within 200 feet of the subject property. No responses were returned.
Sanger Chamber of Commerce, President Kelsi Bannahan came forward to speak on be half of the
Chamber. She stated that the beer sales will only be during the live entertainment, which will be
approximately from 5:30pm 7:30pm. The event will be held during the Sanger Sellabration on
Saturday, October 30, 2021. The beer sales will be limited to a 20x40 enclosed tent with security
at the entrance and exit of the enclosed tent. Mayor Pro Tem Bilyeu asked if this event was going to
be in compliance with TABC and what liability the City has. City Attorney Hugh Coleman stated
that the City has very little liability. The Sanger Chamber of Commerce is responsible for the
security. Mayor Muir stated that the variance is contingent on a licensed distributor.
Councilmember Barrett stated she was ok with trying it to see how it goes. Councilmember Gann
did express his concern on citizens having too much to drink. He was advised that TABC servers
will be responsible for turning down drinks. Councilmember Chick asked if this was a funding
raising event. Kelsi Bannahan stated that the Chamber is not looking to make money off the beer
garden. Councilmember Dillon confirmed that this is a one day variance request.
Mayor Pro Tem Bilyeu made a motion to approve the 308 Bolivar Street Variance with conditions
that the event has to have a licensed distributor, all TABC rules be followed, and the time be
between 5:30pm 8:00pm.
Councilmember Chick seconded the motion. Motion passed unanimously with a 50 vote.
Page 2
MINUTESCITY COUNCIL REGULAR MEETINGMONDAY, MAY 17, 20217:00 PMHISTORIC CHURCH BUILDING 403 N 7TH STREETSANGER, TEXASCOUNCIL MEMBERS PRESENT:Mayor Thomas Muir, Councilmember David Clark, Councilmember Marissa Barrett,Councilmember Allen Chick, Councilmember Dennis Dillon, Mayor Pro Tem Gary BilyeuCOUNCIL MEMBERS ABSENT:All members present.1.Call Meeting to Order, Establish a Quorum (Roll Call), Invocation.There being a quorum, Mayor Thomas Muir called the May 17, 2021, City Council Meeting toorder at 7:00pm. The Invocation was given by Councilmember Chick. The Pledge of Allegiance wasled by Councilmember Clark.2.Issue Certificate of Election, Statement of Elected Official and Oath of Office.Deputy City Secretary Christy Dyer read the Oath of Office and the Statement of Elected Official toCouncilmember Marissa Barrett, Place 1; Councilmember Dennis Dillon, Place 3; andCouncilmember Victor Gann, Place 5.3.Commend David Clark for his Service as a CouncilmemberMayor Muir presented Councilman Clark with an award in appreciation for his service to the city.4.CITIZEN INPUT:There were no citizens who came forward wishing to speak.5.CONSENT AGENDA:a.Approval of Minutes From Work Session 050321b.Approval of Minutes From Regular Session 050321c.Approval of Minutes From Special Meeting 051021Mayor Pro Tem Bilyeu made a motion to accept the Consent Agenda. Motion was seconded byCouncilmember Dillon. Motion passed unanimously with a 50 vote.6.Consider Any Items Removed from Consent Agenda.There were no items removed from the agenda.REGULAR AGENDA7.308 Bolivar St VarianceConduct a Public Hearing and Consider, Discuss, and Possibly Act on a One Day Variance toArticle 4.1000 Alcoholic Beverage, Section 4.1004 (b) Sale Near Daycare Center or ChildcareFacility. Mayor Muir opened the public hearing at 7:16pm. There were no citizens who came forwardwishing to speaking. Mayor Muir closed the open hearing at 7:17pm. Director of Development Services Ramie Hammonds briefly spoke about the 308 Bolivar Street Variance. She stated the Sanger Chamber of Commerce is requesting a variance to the Code ofOrdinance, Article 4.1000 Alcoholic Beverage, Section 4.1004(b) Sale Near a Daycare Center orChildcare Facility, for a beer garden on the corner South East corner of Bolivar Street and 4thStreet. The Sanger Chamber of Commerce is requesting the one day variance during the SangerSellabration, October 30, 2021. The beer garden will be in an enclosed 20x40 tent with security atboth the entrance and the exit. The Code of Ordinance states that alcoholic beverages cannot bewithin 300 feet from daycare center or childcare facility. The property in question is 185 feet from adaycare center or childcare facility. Ramie stated that the day of the Sanger Sellabration, thedaycare will be closed, and the beer garden will be opened only during the live entertainment, whichis approximately 5:30pm 7:30pm. Ramie also, stated that staff mailed out 9 public hearing noticesto the owners of properties within 200 feet of the subject property. No responses were returned.Sanger Chamber of Commerce, President Kelsi Bannahan came forward to speak on be half of theChamber. She stated that the beer sales will only be during the live entertainment, which will beapproximately from 5:30pm 7:30pm. The event will be held during the Sanger Sellabration onSaturday, October 30, 2021. The beer sales will be limited to a 20x40 enclosed tent with securityat the entrance and exit of the enclosed tent. Mayor Pro Tem Bilyeu asked if this event was going tobe in compliance with TABC and what liability the City has. City Attorney Hugh Coleman statedthat the City has very little liability. The Sanger Chamber of Commerce is responsible for thesecurity. Mayor Muir stated that the variance is contingent on a licensed distributor. Councilmember Barrett stated she was ok with trying it to see how it goes. Councilmember Ganndid express his concern on citizens having too much to drink. He was advised that TABC serverswill be responsible for turning down drinks. Councilmember Chick asked if this was a fundingraising event. Kelsi Bannahan stated that the Chamber is not looking to make money off the beergarden. Councilmember Dillon confirmed that this is a one day variance request. Mayor Pro Tem Bilyeu made a motion to approve the 308 Bolivar Street Variance with conditionsthat the event has to have a licensed distributor, all TABC rules be followed, and the time bebetween 5:30pm 8:00pm.Councilmember Chick seconded the motion. Motion passed unanimously with a 50 vote.
8.Sanger Circle Phase 6 Batch Plant SUP
Conduct a Public Hearing and Consider, Discuss and Act on Ordinance # 051421 Regarding a
Specific Use Permit for a Temporary Concrete Batch Plant Use for Sanger Circle Phase 6
Development; Generally Located West of Marion Road.
Mayor Muir opened the public hearing at 7:30pm. There were no citizens who came forward
wishing to speaking. Mayor Muir closed the open hearing at 7:31pm.
Director of Development Services Ramie Hammonds stated that the applicant, THB Construction is
requesting a temporary concrete batch plant use starting May 18, 2021 and expiring November 18,
2021 use for Sanger Circle Phase 6 Development. Ramie stated the reason for the extension is due
to the weather. She also stated that the applicant will have to meet all of TCEQ requirements, and
they will have to file for a new permit through TCEQ. Ramie stated the Planning and Zoning
Commission met on May 10, 2021, and they recommend for approval. Councilmember Chick
asked about the estimated time they will be finish; Ramie stated it should be within 3 weeks, she
doesn't expect it to take the full 6 months to finish. City Engineer Tracy LaPiene did reiterate the use
of this permit is for Sanger Circle Phase 6 only.
Councilmember Barrett made a motion to approve the Specific Use Permit for a temporary concrete
batch plant use for Sanger Circle Phase 6.
The motion was seconded by Mayor Pro Tem Bilyeu. Motion passed with a 41 vote,
Councilmember Chick opposed to the approval.
9.Resolution #050321 Changing Bank Signatories
Approval of Resolution #050321 Authorizing a Change of Authorized Bank Signatories
Finance Director Clayton Gray spoke in regards to Resolution No 050321 Changing Bank
Signatories. Clayton stated the all checks on City bank accounts require two approved signatures.
He noted that typically the City Manager and the City Secretary are the signatures on all City
accounts. Since the resignation of the City Manager, the authorized signatures were temporary
changed to the Mayor and the Interim City Manager. With the hiring of the Assistant City Manager,
the signatures will be changed to Interim City Manager and Assistant City Manager to all City
accounts.
Clayton did note that new signatories will be assigned when a new City Manager is hired.
Councilmember Chick made a motion to approve to the Resolution No. 050321 Changing Bank
Signatories.
The motion was seconded by Councilmember Dillon. Motion passed unanimously with a 50 vote.
10.Ordinance 051121 Amending Fee Schedule
Consider, Discuss and Possibly Act on Ordinance 051121 Amending Appendix A "Fee
Schedule" of the Code of Ordinances, Article 4.000 "Utility Related Fees" by Amending Section
4.307 "Sewer Service Rates".
Page 3
MINUTESCITY COUNCIL REGULAR MEETINGMONDAY, MAY 17, 20217:00 PMHISTORIC CHURCH BUILDING 403 N 7TH STREETSANGER, TEXASCOUNCIL MEMBERS PRESENT:Mayor Thomas Muir, Councilmember David Clark, Councilmember Marissa Barrett,Councilmember Allen Chick, Councilmember Dennis Dillon, Mayor Pro Tem Gary BilyeuCOUNCIL MEMBERS ABSENT:All members present.1.Call Meeting to Order, Establish a Quorum (Roll Call), Invocation.There being a quorum, Mayor Thomas Muir called the May 17, 2021, City Council Meeting toorder at 7:00pm. The Invocation was given by Councilmember Chick. The Pledge of Allegiance wasled by Councilmember Clark.2.Issue Certificate of Election, Statement of Elected Official and Oath of Office.Deputy City Secretary Christy Dyer read the Oath of Office and the Statement of Elected Official toCouncilmember Marissa Barrett, Place 1; Councilmember Dennis Dillon, Place 3; andCouncilmember Victor Gann, Place 5.3.Commend David Clark for his Service as a CouncilmemberMayor Muir presented Councilman Clark with an award in appreciation for his service to the city.4.CITIZEN INPUT:There were no citizens who came forward wishing to speak.5.CONSENT AGENDA:a.Approval of Minutes From Work Session 050321b.Approval of Minutes From Regular Session 050321c.Approval of Minutes From Special Meeting 051021Mayor Pro Tem Bilyeu made a motion to accept the Consent Agenda. Motion was seconded byCouncilmember Dillon. Motion passed unanimously with a 50 vote.6.Consider Any Items Removed from Consent Agenda.There were no items removed from the agenda.REGULAR AGENDA7.308 Bolivar St VarianceConduct a Public Hearing and Consider, Discuss, and Possibly Act on a One Day Variance toArticle 4.1000 Alcoholic Beverage, Section 4.1004 (b) Sale Near Daycare Center or ChildcareFacility. Mayor Muir opened the public hearing at 7:16pm. There were no citizens who came forwardwishing to speaking. Mayor Muir closed the open hearing at 7:17pm. Director of Development Services Ramie Hammonds briefly spoke about the 308 Bolivar Street Variance. She stated the Sanger Chamber of Commerce is requesting a variance to the Code ofOrdinance, Article 4.1000 Alcoholic Beverage, Section 4.1004(b) Sale Near a Daycare Center orChildcare Facility, for a beer garden on the corner South East corner of Bolivar Street and 4thStreet. The Sanger Chamber of Commerce is requesting the one day variance during the SangerSellabration, October 30, 2021. The beer garden will be in an enclosed 20x40 tent with security atboth the entrance and the exit. The Code of Ordinance states that alcoholic beverages cannot bewithin 300 feet from daycare center or childcare facility. The property in question is 185 feet from adaycare center or childcare facility. Ramie stated that the day of the Sanger Sellabration, thedaycare will be closed, and the beer garden will be opened only during the live entertainment, whichis approximately 5:30pm 7:30pm. Ramie also, stated that staff mailed out 9 public hearing noticesto the owners of properties within 200 feet of the subject property. No responses were returned.Sanger Chamber of Commerce, President Kelsi Bannahan came forward to speak on be half of theChamber. She stated that the beer sales will only be during the live entertainment, which will beapproximately from 5:30pm 7:30pm. The event will be held during the Sanger Sellabration onSaturday, October 30, 2021. The beer sales will be limited to a 20x40 enclosed tent with securityat the entrance and exit of the enclosed tent. Mayor Pro Tem Bilyeu asked if this event was going tobe in compliance with TABC and what liability the City has. City Attorney Hugh Coleman statedthat the City has very little liability. The Sanger Chamber of Commerce is responsible for thesecurity. Mayor Muir stated that the variance is contingent on a licensed distributor. Councilmember Barrett stated she was ok with trying it to see how it goes. Councilmember Ganndid express his concern on citizens having too much to drink. He was advised that TABC serverswill be responsible for turning down drinks. Councilmember Chick asked if this was a fundingraising event. Kelsi Bannahan stated that the Chamber is not looking to make money off the beergarden. Councilmember Dillon confirmed that this is a one day variance request. Mayor Pro Tem Bilyeu made a motion to approve the 308 Bolivar Street Variance with conditionsthat the event has to have a licensed distributor, all TABC rules be followed, and the time bebetween 5:30pm 8:00pm.Councilmember Chick seconded the motion. Motion passed unanimously with a 50 vote.8.Sanger Circle Phase 6 Batch Plant SUPConduct a Public Hearing and Consider, Discuss and Act on Ordinance # 051421 Regarding aSpecific Use Permit for a Temporary Concrete Batch Plant Use for Sanger Circle Phase 6Development; Generally Located West of Marion Road.Mayor Muir opened the public hearing at 7:30pm. There were no citizens who came forwardwishing to speaking. Mayor Muir closed the open hearing at 7:31pm.Director of Development Services Ramie Hammonds stated that the applicant, THB Construction isrequesting a temporary concrete batch plant use starting May 18, 2021 and expiring November 18,2021 use for Sanger Circle Phase 6 Development. Ramie stated the reason for the extension is dueto the weather. She also stated that the applicant will have to meet all of TCEQ requirements, andthey will have to file for a new permit through TCEQ. Ramie stated the Planning and ZoningCommission met on May 10, 2021, and they recommend for approval. Councilmember Chickasked about the estimated time they will be finish; Ramie stated it should be within 3 weeks, shedoesn't expect it to take the full 6 months to finish. City Engineer Tracy LaPiene did reiterate the useof this permit is for Sanger Circle Phase 6 only.Councilmember Barrett made a motion to approve the Specific Use Permit for a temporary concretebatch plant use for Sanger Circle Phase 6.The motion was seconded by Mayor Pro Tem Bilyeu. Motion passed with a 41 vote,Councilmember Chick opposed to the approval.9.Resolution #050321 Changing Bank SignatoriesApproval of Resolution #050321 Authorizing a Change of Authorized Bank SignatoriesFinance Director Clayton Gray spoke in regards to Resolution No 050321 Changing BankSignatories. Clayton stated the all checks on City bank accounts require two approved signatures. He noted that typically the City Manager and the City Secretary are the signatures on all Cityaccounts. Since the resignation of the City Manager, the authorized signatures were temporarychanged to the Mayor and the Interim City Manager. With the hiring of the Assistant City Manager,the signatures will be changed to Interim City Manager and Assistant City Manager to all Cityaccounts. Clayton did note that new signatories will be assigned when a new City Manager is hired.Councilmember Chick made a motion to approve to the Resolution No. 050321 Changing BankSignatories.The motion was seconded by Councilmember Dillon. Motion passed unanimously with a 50 vote.10.Ordinance 051121 Amending Fee ScheduleConsider, Discuss and Possibly Act on Ordinance 051121 Amending Appendix A "FeeSchedule" of the Code of Ordinances, Article 4.000 "Utility Related Fees" by Amending Section
4.307 "Sewer Service Rates".
Finance Director Clayton Gray spoke in regards to Ordinance No. 051121 Amending Fee
Schedule.
Clayton stated the last rate study was done in 2017. The City engaged with NewGen Strategies &
Solutions to prepare a comprehensive Electric, Water and Wastewater Financial Plan and Rate
Study. That comprehensive plan included utility rates for years 20172023. The rate schedule
includes an increase in wastewater rates only for the 20212022 year to fund payments on the on
the wastewater treatment plant bonds and future bonds. The new bonds were issued on May 7,
2021. Council did reiterate the rate changes only effect wastewater. The new rates will go into
effect beginning October 1, 2021.
Mayor Pro Tem Bilyeu made a motion to approve Ordinance No. 051121 Amending Fee
Schedule.
The motion was seconded by Councilmember Barrett. Motion passed unanimously with a 50
vote.
11.WWTP Substantial Completion
Consider, Discuss and Possibly Act on Approving Substantial Completion of the Sanger Wastewater
Treatment Plant Rehabilitation and Improvements Project Contract with Felix Construction and
Reduction of Retainage.
City Engineer Tracy LaPiene spoke in regards to the Wastewater Treatment Plant Substantial
Completion.
Tracy stated Felix Construction has completed 98% of the contract at the Sanger WWTP with the
exception of additional walkways and staircase per Change Order No. 9 PCM No. 20, and the
delivery of the blower equipment, and the final operation and maintenance manual. Councilmember
Chick asked Tracy when he anticipated the walkways to be completed. Tracy stated that they
should be completed within a couple of months.
The balance due to Felix Construction is $329,616.27. Mayor Pro Tem Bilyeu asked if the City will
be getting two separate invoices, one from Felix and one from Plummer. City Attorney Hugh
Coleman stated that this is only for Felix. He also stated that Felix will ask for the retainage and
follow up with an affidavit stating all bills have been paid to contractors and subcontractors. Hugh
advised that the City will not release the payment until the punchlist is completed and the City
receives the affidavit stating all bills have been paid.
Mayor Pro Tem Bilyeu asked type of warranty if any and how long the warranty is in effect. City
Attorney Hugh Coleman stated generally when the punchlist is completed then the warranty date will
start after the date of the Substantial Completion Date, according to a letter from Felix Construction,
and Plummer, the Substantial Completion Date is February 4, 2021.
City Attorney Hugh Coleman prefers that the Council not take any actions on this item.
12.EXECUTIVE SESSION:
Mayor Muir read Executive Session Item and convened into Executive Session at 8:16pm.
Page 4
MINUTESCITY COUNCIL REGULAR MEETINGMONDAY, MAY 17, 20217:00 PMHISTORIC CHURCH BUILDING 403 N 7TH STREETSANGER, TEXASCOUNCIL MEMBERS PRESENT:Mayor Thomas Muir, Councilmember David Clark, Councilmember Marissa Barrett,Councilmember Allen Chick, Councilmember Dennis Dillon, Mayor Pro Tem Gary BilyeuCOUNCIL MEMBERS ABSENT:All members present.1.Call Meeting to Order, Establish a Quorum (Roll Call), Invocation.There being a quorum, Mayor Thomas Muir called the May 17, 2021, City Council Meeting toorder at 7:00pm. The Invocation was given by Councilmember Chick. The Pledge of Allegiance wasled by Councilmember Clark.2.Issue Certificate of Election, Statement of Elected Official and Oath of Office.Deputy City Secretary Christy Dyer read the Oath of Office and the Statement of Elected Official toCouncilmember Marissa Barrett, Place 1; Councilmember Dennis Dillon, Place 3; andCouncilmember Victor Gann, Place 5.3.Commend David Clark for his Service as a CouncilmemberMayor Muir presented Councilman Clark with an award in appreciation for his service to the city.4.CITIZEN INPUT:There were no citizens who came forward wishing to speak.5.CONSENT AGENDA:a.Approval of Minutes From Work Session 050321b.Approval of Minutes From Regular Session 050321c.Approval of Minutes From Special Meeting 051021Mayor Pro Tem Bilyeu made a motion to accept the Consent Agenda. Motion was seconded byCouncilmember Dillon. Motion passed unanimously with a 50 vote.6.Consider Any Items Removed from Consent Agenda.There were no items removed from the agenda.REGULAR AGENDA7.308 Bolivar St VarianceConduct a Public Hearing and Consider, Discuss, and Possibly Act on a One Day Variance toArticle 4.1000 Alcoholic Beverage, Section 4.1004 (b) Sale Near Daycare Center or ChildcareFacility. Mayor Muir opened the public hearing at 7:16pm. There were no citizens who came forwardwishing to speaking. Mayor Muir closed the open hearing at 7:17pm. Director of Development Services Ramie Hammonds briefly spoke about the 308 Bolivar Street Variance. She stated the Sanger Chamber of Commerce is requesting a variance to the Code ofOrdinance, Article 4.1000 Alcoholic Beverage, Section 4.1004(b) Sale Near a Daycare Center orChildcare Facility, for a beer garden on the corner South East corner of Bolivar Street and 4thStreet. The Sanger Chamber of Commerce is requesting the one day variance during the SangerSellabration, October 30, 2021. The beer garden will be in an enclosed 20x40 tent with security atboth the entrance and the exit. The Code of Ordinance states that alcoholic beverages cannot bewithin 300 feet from daycare center or childcare facility. The property in question is 185 feet from adaycare center or childcare facility. Ramie stated that the day of the Sanger Sellabration, thedaycare will be closed, and the beer garden will be opened only during the live entertainment, whichis approximately 5:30pm 7:30pm. Ramie also, stated that staff mailed out 9 public hearing noticesto the owners of properties within 200 feet of the subject property. No responses were returned.Sanger Chamber of Commerce, President Kelsi Bannahan came forward to speak on be half of theChamber. She stated that the beer sales will only be during the live entertainment, which will beapproximately from 5:30pm 7:30pm. The event will be held during the Sanger Sellabration onSaturday, October 30, 2021. The beer sales will be limited to a 20x40 enclosed tent with securityat the entrance and exit of the enclosed tent. Mayor Pro Tem Bilyeu asked if this event was going tobe in compliance with TABC and what liability the City has. City Attorney Hugh Coleman statedthat the City has very little liability. The Sanger Chamber of Commerce is responsible for thesecurity. Mayor Muir stated that the variance is contingent on a licensed distributor. Councilmember Barrett stated she was ok with trying it to see how it goes. Councilmember Ganndid express his concern on citizens having too much to drink. He was advised that TABC serverswill be responsible for turning down drinks. Councilmember Chick asked if this was a fundingraising event. Kelsi Bannahan stated that the Chamber is not looking to make money off the beergarden. Councilmember Dillon confirmed that this is a one day variance request. Mayor Pro Tem Bilyeu made a motion to approve the 308 Bolivar Street Variance with conditionsthat the event has to have a licensed distributor, all TABC rules be followed, and the time bebetween 5:30pm 8:00pm.Councilmember Chick seconded the motion. Motion passed unanimously with a 50 vote.8.Sanger Circle Phase 6 Batch Plant SUPConduct a Public Hearing and Consider, Discuss and Act on Ordinance # 051421 Regarding aSpecific Use Permit for a Temporary Concrete Batch Plant Use for Sanger Circle Phase 6Development; Generally Located West of Marion Road.Mayor Muir opened the public hearing at 7:30pm. There were no citizens who came forwardwishing to speaking. Mayor Muir closed the open hearing at 7:31pm.Director of Development Services Ramie Hammonds stated that the applicant, THB Construction isrequesting a temporary concrete batch plant use starting May 18, 2021 and expiring November 18,2021 use for Sanger Circle Phase 6 Development. Ramie stated the reason for the extension is dueto the weather. She also stated that the applicant will have to meet all of TCEQ requirements, andthey will have to file for a new permit through TCEQ. Ramie stated the Planning and ZoningCommission met on May 10, 2021, and they recommend for approval. Councilmember Chickasked about the estimated time they will be finish; Ramie stated it should be within 3 weeks, shedoesn't expect it to take the full 6 months to finish. City Engineer Tracy LaPiene did reiterate the useof this permit is for Sanger Circle Phase 6 only.Councilmember Barrett made a motion to approve the Specific Use Permit for a temporary concretebatch plant use for Sanger Circle Phase 6.The motion was seconded by Mayor Pro Tem Bilyeu. Motion passed with a 41 vote,Councilmember Chick opposed to the approval.9.Resolution #050321 Changing Bank SignatoriesApproval of Resolution #050321 Authorizing a Change of Authorized Bank SignatoriesFinance Director Clayton Gray spoke in regards to Resolution No 050321 Changing BankSignatories. Clayton stated the all checks on City bank accounts require two approved signatures. He noted that typically the City Manager and the City Secretary are the signatures on all Cityaccounts. Since the resignation of the City Manager, the authorized signatures were temporarychanged to the Mayor and the Interim City Manager. With the hiring of the Assistant City Manager,the signatures will be changed to Interim City Manager and Assistant City Manager to all Cityaccounts. Clayton did note that new signatories will be assigned when a new City Manager is hired.Councilmember Chick made a motion to approve to the Resolution No. 050321 Changing BankSignatories.The motion was seconded by Councilmember Dillon. Motion passed unanimously with a 50 vote.10.Ordinance 051121 Amending Fee ScheduleConsider, Discuss and Possibly Act on Ordinance 051121 Amending Appendix A "FeeSchedule" of the Code of Ordinances, Article 4.000 "Utility Related Fees" by Amending Section4.307 "Sewer Service Rates".Finance Director Clayton Gray spoke in regards to Ordinance No. 051121 Amending FeeSchedule. Clayton stated the last rate study was done in 2017. The City engaged with NewGen Strategies &Solutions to prepare a comprehensive Electric, Water and Wastewater Financial Plan and RateStudy. That comprehensive plan included utility rates for years 20172023. The rate scheduleincludes an increase in wastewater rates only for the 20212022 year to fund payments on the onthe wastewater treatment plant bonds and future bonds. The new bonds were issued on May 7,2021. Council did reiterate the rate changes only effect wastewater. The new rates will go intoeffect beginning October 1, 2021.Mayor Pro Tem Bilyeu made a motion to approve Ordinance No. 051121 Amending FeeSchedule.The motion was seconded by Councilmember Barrett. Motion passed unanimously with a 50vote. 11.WWTP Substantial CompletionConsider, Discuss and Possibly Act on Approving Substantial Completion of the Sanger WastewaterTreatment Plant Rehabilitation and Improvements Project Contract with Felix Construction andReduction of Retainage.City Engineer Tracy LaPiene spoke in regards to the Wastewater Treatment Plant SubstantialCompletion. Tracy stated Felix Construction has completed 98% of the contract at the Sanger WWTP with theexception of additional walkways and staircase per Change Order No. 9 PCM No. 20, and thedelivery of the blower equipment, and the final operation and maintenance manual. CouncilmemberChick asked Tracy when he anticipated the walkways to be completed. Tracy stated that theyshould be completed within a couple of months. The balance due to Felix Construction is $329,616.27. Mayor Pro Tem Bilyeu asked if the City willbe getting two separate invoices, one from Felix and one from Plummer. City Attorney HughColeman stated that this is only for Felix. He also stated that Felix will ask for the retainage andfollow up with an affidavit stating all bills have been paid to contractors and subcontractors. Hughadvised that the City will not release the payment until the punchlist is completed and the Cityreceives the affidavit stating all bills have been paid. Mayor Pro Tem Bilyeu asked type of warranty if any and how long the warranty is in effect. CityAttorney Hugh Coleman stated generally when the punchlist is completed then the warranty date willstart after the date of the Substantial Completion Date, according to a letter from Felix Construction,and Plummer, the Substantial Completion Date is February 4, 2021. City Attorney Hugh Coleman prefers that the Council not take any actions on this item.12.EXECUTIVE SESSION:
Mayor Muir read Executive Session Item and convened into Executive Session at 8:16pm.
a.Executive Meeting Section 551.074 Personnel Matters; Closed Meeting to receive update
on possible candidates for the position of City Manager.
13.RECONVENE: OPEN MEETING:
Mayor Muir and Council reconvened, and Mayor Muir called the Council Meeting back into regular
session at 9:22pm. No action was taken.
14.INFORMATION ITEMS:
a.ATMOS Energy Rider GCR Rate Filing Docket No. 10170
Atmos Energy Corporation, MidTex Division's Statement of Rider GCR Applicable for the May
2021 Billing Periods.
Mayor Muir briefly spoke about the ATMOS Energy Statement for May 2021. Mayor Muir
advised Council if they had any questions, to please ask the staff.
b.Disbursements April 2021
Disbursements for the Month of April 2021
Mayor Muir briefly spoke about the Disbursements Report for April 2021. Mayor Muir advised
Council if they had any questions, to please ask the staff.
15.FUTURE AGENDA ITEMS:
City Attorney Hugh Coleman spoke briefly about SB 3 Transmission Operator (TO). He stated
he will give the Council an update on the bill at the next City Council Meeting.
Councilmember Barrett asked if the Council could be advised at the next meeting on what exactly
the city is looking for in regards to a businesses. She is inquiring on what the city looks for to bring a
new business in, what businesses are looking for in our town, and what the city's role is on this.
16.ADJOURN.
There being no further agenda items for discussion, Mayor Muir adjourned the Regular Session
meeting at 9:48pm.
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