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10/05/2020-CC-Agenda Packet-RegularAGENDA CITY COUNCIL REGULAR MEETING MONDAY, OCTOBER 5, 2020 7:00 PM HISTORIC CHURCH BUILDING 403 N 7TH STREET, SANGER, TEXAS 1.Call Meeting to Order, Establish a Quorum (Roll Call), Invocation. 2.CITIZEN INPUT: (Citizens are allowed 3 minutes to speak. The City Council is unable to respond or discuss any issues brought up during this section.) 3.CONSENT AGENDA: a.Approval of Minutes 1.City Council Regular Meeting Minutes 09082020 Approve Meeting Minutes from the September 8, 2020 Regular City Council Meeting. 4.Consider Any Items Removed from Consent Agenda. REGULAR AGENDA 5.PSA Plummer Water RRA & ERP Consider, Discuss And Possibly Act To Approve A Professional Services Agreement With Plummer Associates, Inc. For Water System Risk and Resilience Assessment and Emergency Response Plan Assistance In The Amount Of $20,000.00, And Authorize Mayor To Execute Agreement. 6.PSA Plummer WWTP Screen Consider, Discuss And Possibly Act To Approve A Professional Services Agreement With Plummer Associates, Inc. For Design, Bidding And Construction Administration Services For The Wastewater Treatment Plant Influent Screen Replacement In The Amount Of $35,000.00, And Authorize City Manager To Execute Agreement. 7.Kirkland Street Addition, Phase III Consider, Discuss and Act on the Minor Plat of Lots 1 and 2 Block C, of Kirkland Street Addition, Phase III Being 0.440 Acres of the R Bebee Survey A29, and Generally Located on the South East side of the Intersection of Kirkland Street and Sims Street. 8.Levelle Addition Final Plat Consider, Discuss and Act on the Final Plat of Lot 1 Block A, of the Levelle Addition, Being 2.97 Acres of the McKinney and Williams Survey Abstract 940, and Generally Located on the East Side of Cowling Rd and Approximately 261 feet South of Deer Run Rd. 9.INFORMATION ITEMS: Page 1 AGENDACITY COUNCIL REGULAR MEETINGMONDAY, OCTOBER 5, 20207:00 PMHISTORIC CHURCH BUILDING 403 N 7TH STREET,SANGER, TEXAS1.Call Meeting to Order, Establish a Quorum (Roll Call), Invocation.2.CITIZEN INPUT:(Citizens are allowed 3 minutes to speak. The City Council is unable to respond or discuss any issuesbrought up during this section.)3.CONSENT AGENDA:a.Approval of Minutes1.City Council Regular Meeting Minutes 09082020Approve Meeting Minutes from the September 8, 2020 Regular City Council Meeting. 4.Consider Any Items Removed from Consent Agenda.REGULAR AGENDA5.PSA Plummer Water RRA & ERPConsider, Discuss And Possibly Act To Approve A Professional Services Agreement With PlummerAssociates, Inc. For Water System Risk and Resilience Assessment and Emergency Response PlanAssistance In The Amount Of $20,000.00, And Authorize Mayor To Execute Agreement.6.PSA Plummer WWTP ScreenConsider, Discuss And Possibly Act To Approve A Professional Services Agreement With PlummerAssociates, Inc. For Design, Bidding And Construction Administration Services For TheWastewater Treatment Plant Influent Screen Replacement In The Amount Of $35,000.00, AndAuthorize City Manager To Execute Agreement.7.Kirkland Street Addition, Phase IIIConsider, Discuss and Act on the Minor Plat of Lots 1 and 2 Block C, of Kirkland Street Addition,Phase III Being 0.440 Acres of the R Bebee Survey A29, and Generally Located on the SouthEast side of the Intersection of Kirkland Street and Sims Street. 8.Levelle Addition Final PlatConsider, Discuss and Act on the Final Plat of Lot 1 Block A, of the Levelle Addition, Being 2.97Acres of the McKinney and Williams Survey Abstract 940, and Generally Located on the East Sideof Cowling Rd and Approximately 261 feet South of Deer Run Rd. 9.INFORMATION ITEMS: a.Monthly Financial Report August 31, 2020 b.Capital Projects Recap September29, 2020 10.FUTURE AGENDA ITEMS: (The purpose of this item is to allow the Mayor and members of Council to bring forward items they wish to discuss at a future meeting, A Council Member may inquire about a subject for which notice has not been given. A statement of specific factual information or the recitation of existing policy may be given. Any deliberation shall be limited to a proposal to place the subject on an agenda for a subsequent meeting. Items may be placed on a future meeting agenda with a consensus of the Council or at the call of the Mayor). 11.ADJOURN. I, the undersigned authority, do hereby certify that this Notice of Meeting was posted on the City Website, and on the bulletin board, at the City Hall of the City of Sanger, Texas, a place convenient and readily accessible to the general public at all times. Said notice was posted on the following date and time, and remained posted continuously for at least 72 hours prior to the scheduled time of said meeting and shall remain posted until meeting is adjourned. October 2, 2020 at 11:00 a.m. Jeriana Staton, Deputy City Secretary City of Sanger, Texas Date/Time Posted This facility is wheelchair accessible and accessible parking spaces are available. Requests for additional accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at (940) 4587930 for further information. Page 2 CITY COUNCIL AGENDA MEMO AGENDA ITEM NO. a.1. AGENDA MEETING DATE: October 5, 2020 TO: Jeriana Staton, Interim City Manager FROM: Jeriana Staton, Deputy City Secretary ITEM/CAPTION: City Council Regular Meeting Minutes 09082020 Approve Meeting Minutes from the September 8, 2020 Regular City Council Meeting. AGENDA TYPE: Consent Agenda ACTION REQUESTED: Approval BACKGROUND: Attached for your review are the Regular City Council meeting minutes from the September 8, 2020 meeting. LEGAL/BOARD COMMISSION RECOMMENDATIONS/CITIZEN NOTICE FEEDBACK: N/A FINANCIAL SUMMARY FUNDING/FISCAL IMPACT: N/A FUNDS: N/A STAFF RECOMMENDATION/ACTION DESIRED: N/A ATTACHMENTS: Description Upload Date Type 09082020 Regular City Council Meeting Minutes 10/2/2020 Cover Memo Page 3 MINUTES CITY COUNCIL REGULAR MEETING TUESDAY, SEPTEMBER 8, 2020 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 COUNCIL MEMBERS ABSENT: Mayor Pro Tem Gary Bilyeu STAFF MEMBERS PRESENT: City Manager Alina Ciocan; HR Director Jeriana Staton, Interim Director of Public Work Jim Bolz, Interim Police Chief Jonathan Perkins, City Engineer Tracy LaPiene, Director of Finance Clayton Gray, Police Officer Josh Bishop, Director of Development Services Ramie Hammonds 1.Call Meeting to Order, Establish a Quorum (Roll Call), Invocation. There being a quorum, Mayor Thomas Muir called the September 8th, 2020 Regular Meeting to order at 7:00 p.m.. The Invocation was given by Mayor Thomas Muir. The Pledge of Allegiance was led by Councilmember Dennis Dillon. 2.CITIZEN INPUT: There were no citizens who came forward wishing to speak 3.PROCLAMATION: a.Proclamation No. 090120 United Way LIVE UNITED Month Proclamation No. 090120 For United Way of Denton County, Proclaiming September 2020 LIVE UNITED Month. Councilmember Allen Chick made a motion to approve Proclamation No. 0901/20 for United Way of Denton County, Proclaiming September LIVE UNITED month. Councilmember David Clark seconded the motion. Motion passes unanimously. A photo was taken with the Untied Way representative attending the meeting. 4.CONSENT AGENDA: a.Approval of Minutes Page 1Page 4 MINUTESCITY COUNCIL REGULAR MEETINGTUESDAY, SEPTEMBER 8, 20207:00 PMHISTORIC CHURCH BUILDING 403 N 7TH STREET,SANGER, TEXASCOUNCIL MEMBERS PRESENT:Mayor Thomas Muir, Councilmember David Clark, Councilmember Marissa Barrett, Councilmember Allen Chick, Councilmember Dennis DillonCOUNCIL MEMBERS ABSENT:Mayor Pro Tem Gary BilyeuSTAFF MEMBERS PRESENT:City Manager Alina Ciocan; HR Director Jeriana Staton, Interim Director of Public Work Jim Bolz,Interim Police Chief Jonathan Perkins, City Engineer Tracy LaPiene, Director of Finance ClaytonGray, Police Officer Josh Bishop, Director of Development Services Ramie Hammonds1.Call Meeting to Order, Establish a Quorum (Roll Call), Invocation.There being a quorum, Mayor Thomas Muir called the September 8th, 2020 Regular Meeting toorder at 7:00 p.m.. The Invocation was given by Mayor Thomas Muir. The Pledge of Allegiancewas led by Councilmember Dennis Dillon.2.CITIZEN INPUT:There were no citizens who came forward wishing to speak3.PROCLAMATION:a.Proclamation No. 090120 United Way LIVE UNITED MonthProclamation No. 090120 For United Way of Denton County, Proclaiming September 2020LIVE UNITED Month.Councilmember Allen Chick made a motion to approve Proclamation No. 0901/20 for United Wayof Denton County, Proclaiming September LIVE UNITED month.Councilmember David Clark seconded the motion. Motion passes unanimously. A photo was takenwith the Untied Way representative attending the meeting. 4.CONSENT AGENDA: a.Approval of Minutes 1.City Council Work Session Minutes 081720 Approve Minutes for the August 17, 2020 City Council Work Session. A motion was made by Councilmember Allen Chick to accept the City council minutes. Seconded by Councilmember David Clark. Motion passes unanimously. 2.City Council Regular Meeting Minutes 081720 Approve Minutes for the August 17, 2020 Regular City Council Meeting. A motion was made by Councilmember Allen Chick to accept the City council minutes. Seconded by Councilmember David Clark. Motion passes unanimously. 3.City Council Special Meeting Minutes 08312020 Approve Minutes for the August 31, 2020 Special City Council Meeting. b.Interlocal Cooperation Agreement Denton County Approve Interlocal Cooperation Agreement With Denton County For Governmance Communications And Dispatch Services System For The City of Sanger Fire and Police Departments A nd Authorize The Fire Chief and Police Chief to Execute Agreement. Councilmember Allen Chick made a motion to approve the Consent Agenda as presented. Motion was seconded by Councilmember David Clark. Motion passed unanimously (40, Mayor Pro Tem Gary Bilyeu absent). 5.Consider Any Items Removed from Consent Agenda. No items were removed from the Consent Agenda. 6.EXECUTIVE SESSION: a.Texas Government Code Section 551.071 Consultation with Attorneys. Mayor Thomas Muir read the Executive Session Item and convened into Executive Session at 7:17 pm. 7.RECONVENE: OPEN MEETING: City Council reconvened back into public forum from Executive Session at 7:51 PM. REGULAR AGENDA 8.Easement Acquisition Wastewater Infrastructure Consider, Discuss and Possibly Act on Easement Acquisition for Wastewater Infrastructure. Councilmember Marissa Barrett made a motion to authorize the Mayor Thomas Muir and Legal Counsel to proceed forward with the potential resolution of the Easement Acquisition for Wastewater Infrastructure in question, including negotiating a potential agreement to be approved by Council in the future.The motion was seconded by Councilmember Dennis Dillon. Motion passed Page 2Page 5 MINUTESCITY COUNCIL REGULAR MEETINGTUESDAY, SEPTEMBER 8, 20207:00 PMHISTORIC CHURCH BUILDING 403 N 7TH STREET,SANGER, TEXASCOUNCIL MEMBERS PRESENT:Mayor Thomas Muir, Councilmember David Clark, Councilmember Marissa Barrett, Councilmember Allen Chick, Councilmember Dennis DillonCOUNCIL MEMBERS ABSENT:Mayor Pro Tem Gary BilyeuSTAFF MEMBERS PRESENT:City Manager Alina Ciocan; HR Director Jeriana Staton, Interim Director of Public Work Jim Bolz,Interim Police Chief Jonathan Perkins, City Engineer Tracy LaPiene, Director of Finance ClaytonGray, Police Officer Josh Bishop, Director of Development Services Ramie Hammonds1.Call Meeting to Order, Establish a Quorum (Roll Call), Invocation.There being a quorum, Mayor Thomas Muir called the September 8th, 2020 Regular Meeting toorder at 7:00 p.m.. The Invocation was given by Mayor Thomas Muir. The Pledge of Allegiancewas led by Councilmember Dennis Dillon.2.CITIZEN INPUT:There were no citizens who came forward wishing to speak3.PROCLAMATION:a.Proclamation No. 090120 United Way LIVE UNITED MonthProclamation No. 090120 For United Way of Denton County, Proclaiming September 2020LIVE UNITED Month.Councilmember Allen Chick made a motion to approve Proclamation No. 0901/20 for United Wayof Denton County, Proclaiming September LIVE UNITED month.Councilmember David Clark seconded the motion. Motion passes unanimously. A photo was takenwith the Untied Way representative attending the meeting. 4.CONSENT AGENDA:a.Approval of Minutes1.City Council Work Session Minutes 081720Approve Minutes for the August 17, 2020 City Council Work Session.A motion was made by Councilmember Allen Chick to accept the City council minutes. Secondedby Councilmember David Clark. Motion passes unanimously.2.City Council Regular Meeting Minutes 081720Approve Minutes for the August 17, 2020 Regular City Council Meeting.A motion was made by Councilmember Allen Chick to accept the City council minutes. Secondedby Councilmember David Clark. Motion passes unanimously.3.City Council Special Meeting Minutes 08312020Approve Minutes for the August 31, 2020 Special City Council Meeting.b.Interlocal Cooperation Agreement Denton CountyApprove Interlocal Cooperation Agreement With Denton County For GovernmanceCommunications And Dispatch Services System For The City of Sanger Fire and PoliceDepartments A nd Authorize The Fire Chief and Police Chief to Execute Agreement. Councilmember Allen Chick made a motion to approve the Consent Agenda as presented. Motionwas seconded by Councilmember David Clark. Motion passed unanimously (40, Mayor Pro TemGary Bilyeu absent).5.Consider Any Items Removed from Consent Agenda.No items were removed from the Consent Agenda.6.EXECUTIVE SESSION:a.Texas Government Code Section 551.071 Consultation with Attorneys.Mayor Thomas Muir read the Executive Session Item and convened into Executive Session at 7:17pm.7.RECONVENE: OPEN MEETING:City Council reconvened back into public forum from Executive Session at 7:51 PM.REGULAR AGENDA8.Easement Acquisition Wastewater InfrastructureConsider, Discuss and Possibly Act on Easement Acquisition for Wastewater Infrastructure.Councilmember Marissa Barrett made a motion to authorize the Mayor Thomas Muir and LegalCounsel to proceed forward with the potential resolution of the Easement Acquisition for Wastewater Infrastructure in question, including negotiating a potential agreement to be approved by Council in the future.The motion was seconded by Councilmember Dennis Dillon. Motion passed unanimously (40, Mayor Pro Tem Gary Bilyeu absent). 9.Country Road Estates Addition Final Plat Consider, Discuss and Act on the Final Plat of Lots 1549 Block A, and Lots 324 Block B, of Country Road Estates, Being 81.45 Acres of the Ed Bradley Survey, Abstract Number 34, Cooke County, Texas, the Ed Bradley Survey, Abstract Number 1705, and the B.B.B. C.RR Co Survey, Abstract number 199 in the City of Sanger’s ETJ, and Generally Located South of County Road 200 and Approximately 4950 Feet West of I35. Director of Development Services Ramie Hammonds stood to speak to the Council, and reviewed the staff report. She explained the variances that were approved with the preliminary plat. She stated that staff has reviewed and recommends approval. She let Council know that the owner was at the meeting if they had any questions. The Council had a short discussion with Director of Development Services Ramie Hammonds about the plat. Councilmember Allen Chick made a motion to accept lots 15 49 Blk A and Lots 3 24 Blk B of Country Road Estates. Councilmember Dennis Dillon seconded the motion. The motion passed unanimously (40 vote; Mayor Pro Tem Gary Bilyeu absent).. 10.Green Meadow Farms Estates Addition Final Plat Consider, Discuss and Act on the Final Plat of Lot 16 Block A, of Meadow Green Farm Estates Addition Phase1, Being 6.874 Acres, in the City of Sanger’s ETJ, and Generally Located on the West Side of Metz Road and Approximately 2463 Feet South of Lois Rd. Director of Development Services Ramie Hammonds stood to speak and went over the staff report. She explained that it is the plat that Council had already seen. Director of Development Services Ramie Hammonds said staff does recommend approval. Councilmember asked when the preliminary plat was approved. Ramie stated it was approved about two months ago. The Mayor made sure there were no changes other than the comments being addressed. Ramie agreed. Councimember Allen Chick made a motion to accept the Final Plat of Lots 16 Block A of Meadow Green Farms Estates. Councilmember Dennis Dillon seconded the motion. The motion passed with a 31 vote (Councilmember David Clark voted in opposition; Mayor Pro Tem Gary Bilyeu Absent). 11.1404 Stemmons Frwy SUP Conduct a Public Hearing and Consider, Discuss and Act on a Specific Use Permit (SUP) for an Outside Sales and Display use on Approximately 0.918 Acres of Land, Zoned as Business 2 (B2), and Generally Located Approximately 115 feet South of Sable Ave and 1585 feet North of the Intersection of North 5th Street and I35 Frontage Rd. Mayor Thomas Muir Opened the Public Meeting at 7:53 p.m.. Director of Development Services Ramie Hammonds explained that the district only allows this type of outside sales with an SUP. The site was previously a used car lot. The applicant is asking for outdoor sales and display for new tractors, new utility trailers, new UTVs. She stated the land to the North and East are B 2 and vacant. The land to the South is also B 2 and has the Granite Huggers Page 3Page 6 MINUTESCITY COUNCIL REGULAR MEETINGTUESDAY, SEPTEMBER 8, 20207:00 PMHISTORIC CHURCH BUILDING 403 N 7TH STREET,SANGER, TEXASCOUNCIL MEMBERS PRESENT:Mayor Thomas Muir, Councilmember David Clark, Councilmember Marissa Barrett, Councilmember Allen Chick, Councilmember Dennis DillonCOUNCIL MEMBERS ABSENT:Mayor Pro Tem Gary BilyeuSTAFF MEMBERS PRESENT:City Manager Alina Ciocan; HR Director Jeriana Staton, Interim Director of Public Work Jim Bolz,Interim Police Chief Jonathan Perkins, City Engineer Tracy LaPiene, Director of Finance ClaytonGray, Police Officer Josh Bishop, Director of Development Services Ramie Hammonds1.Call Meeting to Order, Establish a Quorum (Roll Call), Invocation.There being a quorum, Mayor Thomas Muir called the September 8th, 2020 Regular Meeting toorder at 7:00 p.m.. The Invocation was given by Mayor Thomas Muir. The Pledge of Allegiancewas led by Councilmember Dennis Dillon.2.CITIZEN INPUT:There were no citizens who came forward wishing to speak3.PROCLAMATION:a.Proclamation No. 090120 United Way LIVE UNITED MonthProclamation No. 090120 For United Way of Denton County, Proclaiming September 2020LIVE UNITED Month.Councilmember Allen Chick made a motion to approve Proclamation No. 0901/20 for United Wayof Denton County, Proclaiming September LIVE UNITED month.Councilmember David Clark seconded the motion. Motion passes unanimously. A photo was takenwith the Untied Way representative attending the meeting. 4.CONSENT AGENDA:a.Approval of Minutes1.City Council Work Session Minutes 081720Approve Minutes for the August 17, 2020 City Council Work Session.A motion was made by Councilmember Allen Chick to accept the City council minutes. Secondedby Councilmember David Clark. Motion passes unanimously.2.City Council Regular Meeting Minutes 081720Approve Minutes for the August 17, 2020 Regular City Council Meeting.A motion was made by Councilmember Allen Chick to accept the City council minutes. Secondedby Councilmember David Clark. Motion passes unanimously.3.City Council Special Meeting Minutes 08312020Approve Minutes for the August 31, 2020 Special City Council Meeting.b.Interlocal Cooperation Agreement Denton CountyApprove Interlocal Cooperation Agreement With Denton County For GovernmanceCommunications And Dispatch Services System For The City of Sanger Fire and PoliceDepartments A nd Authorize The Fire Chief and Police Chief to Execute Agreement. Councilmember Allen Chick made a motion to approve the Consent Agenda as presented. Motionwas seconded by Councilmember David Clark. Motion passed unanimously (40, Mayor Pro TemGary Bilyeu absent).5.Consider Any Items Removed from Consent Agenda.No items were removed from the Consent Agenda.6.EXECUTIVE SESSION:a.Texas Government Code Section 551.071 Consultation with Attorneys.Mayor Thomas Muir read the Executive Session Item and convened into Executive Session at 7:17pm.7.RECONVENE: OPEN MEETING:City Council reconvened back into public forum from Executive Session at 7:51 PM.REGULAR AGENDA8.Easement Acquisition Wastewater InfrastructureConsider, Discuss and Possibly Act on Easement Acquisition for Wastewater Infrastructure.Councilmember Marissa Barrett made a motion to authorize the Mayor Thomas Muir and LegalCounsel to proceed forward with the potential resolution of the Easement Acquisition forWastewater Infrastructure in question, including negotiating a potential agreement to be approved byCouncil in the future.The motion was seconded by Councilmember Dennis Dillon. Motion passedunanimously (40, Mayor Pro Tem Gary Bilyeu absent).9.Country Road Estates Addition Final PlatConsider, Discuss and Act on the Final Plat of Lots 1549 Block A, and Lots 324 Block B, ofCountry Road Estates, Being 81.45 Acres of the Ed Bradley Survey, Abstract Number 34, CookeCounty, Texas, the Ed Bradley Survey, Abstract Number 1705, and the B.B.B. C.RR Co Survey,Abstract number 199 in the City of Sanger’s ETJ, and Generally Located South of County Road200 and Approximately 4950 Feet West of I35.Director of Development Services Ramie Hammonds stood to speak to the Council, and reviewedthe staff report. She explained the variances that were approved with the preliminary plat. She statedthat staff has reviewed and recommends approval. She let Council know that the owner was at themeetingiftheyhadanyquestions.The Council had a short discussion with Director of Development Services Ramie Hammonds abouttheplat.Councilmember Allen Chick made a motion to accept lots 15 49 Blk A and Lots 3 24 Blk B ofCountry Road Estates. Councilmember Dennis Dillon seconded the motion. The motion passedunanimously (40 vote; Mayor Pro Tem Gary Bilyeu absent)..10.Green Meadow Farms Estates Addition Final PlatConsider, Discuss and Act on the Final Plat of Lot 16 Block A, of Meadow Green Farm EstatesAddition Phase1, Being 6.874 Acres, in the City of Sanger’s ETJ, and Generally Located on theWest Side of Metz Road and Approximately 2463 Feet South of Lois Rd.Director of Development Services Ramie Hammonds stood to speak and went over the staffreport. She explained that it is the plat that Council had already seen. Director of Development ServicesRamie Hammonds said staff does recommend approval.Councilmember asked when the preliminary plat was approved. Ramie stated it was approved abouttwo months ago. The Mayor made sure there were no changes other than the comments beingaddressed. Ramie agreed.Councimember Allen Chick made a motion to accept the Final Plat of Lots 16 Block A of MeadowGreen Farms Estates. Councilmember Dennis Dillon seconded the motion. The motion passed with a31 vote (Councilmember David Clark voted in opposition; Mayor Pro Tem Gary Bilyeu Absent).11.1404 Stemmons Frwy SUPConduct a Public Hearing and Consider, Discuss and Act on a Specific Use Permit (SUP) for anOutside Sales and Display use on Approximately 0.918 Acres of Land, Zoned as Business 2 (B2),and Generally Located Approximately 115 feet South of Sable Ave and 1585 feet North of theIntersection of North 5th Street and I35 Frontage Rd.Mayor Thomas Muir Opened the Public Meeting at 7:53 p.m..Director of Development Services Ramie Hammonds explained that the district only allows this typeof outside sales with an SUP. The site was previously a used car lot. The applicant is asking for outdoor sales and display for new tractors, new utility trailers, new UTVs. She stated the land to the North and East are B 2 and vacant. The land to the South is also B 2 and has the Granite Huggers store. The Planning and Zoning Commission did vote to approve the SUP with two stipulations: 1). that the SUP would expire in five years and 2) no signage would be allowed on the grass in the front. We sent out five public notices, with two notices being returned; one response was in favor and the other response indicated they had no issues. Staff has been looking over the city’s comprehensive land use plan that is currently being updated with the help of a consultant to look at the overall zoning uses and map.Ramie reminded Council that she had visited previously about expiration dates and their use with SUPs given the level of development of surround tracts. She attached several buffer maps to show the lack of development around the subject property consistent with this consideration, showing that there was sufficient undeveloped land to warrant the use of an expiration date. Staff would recommend approval with the following stipulations: 1)expiration in three years, 2) No signage on the ground, 3) Uses would be specific to only New Utility Trailers, New Tractors, New UTVs, 4)No parking or display on grass, 5) Site must be maintained in an orderly fashion, 6) No storage containers or storage trailer will be permitted, 7) All signs will need to have a permit through the City of Sanger. After no one approached the podium to comment during the public hearing, Mayor Thomas Muir Closed Public Hearing at 7:59 p.m. Director of Development Services Ramie Hammonds explained that Council packets included pictures of the current sites and pictures of what he will be selling. Mayor Thomas Muir briefly went over what they learned in the work session about SUPs. He explained about how setting a time limit works with undeveloped locations. He also explained about how the buffer maps are helpful in showing the properties around the site met this criterion. John Springer stood to speak and said there was not much more he could add than already presented. He stated the owner lives in Flower Mound and would love to move his business to Sanger. Bryan, the owner/operator explained he would be honored to be in Sanger and they will follow all rules set. John Springer spoke and asked for Council to extend from three years to five years. Councilmember Allen Chick asked about parking on the grass. Director of Development Services Ramie Hammonds explained that the front half of the property is concrete. She pointed out the photos in their packets of the property. She stated the back may have had some gravel previously, but she said it is overgrown now and she would consider it grass. The City would have to decide if they would let them put in gravel or use an approved material. Councilmember Allen Chick stated that the pictures are clear, and it looks like grass. He made sure the owner was aware they will not be allowed to park on the grass. Councilmember Dennis Dillon asked did he hear it correct that the Planning and Zoning commission approved five years and staff is asking for three year. Director of Development Services Ramie Hammonds stated yes. The reason for the shorter timeframe was because the City is in the middle of a Comprehensive Plan. There was a brief discussion about the location of the existing pole sign. There was further discussion by Council over the reason for the SUP. Page 4Page 7 MINUTESCITY COUNCIL REGULAR MEETINGTUESDAY, SEPTEMBER 8, 20207:00 PMHISTORIC CHURCH BUILDING 403 N 7TH STREET,SANGER, TEXASCOUNCIL MEMBERS PRESENT:Mayor Thomas Muir, Councilmember David Clark, Councilmember Marissa Barrett, Councilmember Allen Chick, Councilmember Dennis DillonCOUNCIL MEMBERS ABSENT:Mayor Pro Tem Gary BilyeuSTAFF MEMBERS PRESENT:City Manager Alina Ciocan; HR Director Jeriana Staton, Interim Director of Public Work Jim Bolz,Interim Police Chief Jonathan Perkins, City Engineer Tracy LaPiene, Director of Finance ClaytonGray, Police Officer Josh Bishop, Director of Development Services Ramie Hammonds1.Call Meeting to Order, Establish a Quorum (Roll Call), Invocation.There being a quorum, Mayor Thomas Muir called the September 8th, 2020 Regular Meeting toorder at 7:00 p.m.. The Invocation was given by Mayor Thomas Muir. The Pledge of Allegiancewas led by Councilmember Dennis Dillon.2.CITIZEN INPUT:There were no citizens who came forward wishing to speak3.PROCLAMATION:a.Proclamation No. 090120 United Way LIVE UNITED MonthProclamation No. 090120 For United Way of Denton County, Proclaiming September 2020LIVE UNITED Month.Councilmember Allen Chick made a motion to approve Proclamation No. 0901/20 for United Wayof Denton County, Proclaiming September LIVE UNITED month.Councilmember David Clark seconded the motion. Motion passes unanimously. A photo was takenwith the Untied Way representative attending the meeting. 4.CONSENT AGENDA:a.Approval of Minutes1.City Council Work Session Minutes 081720Approve Minutes for the August 17, 2020 City Council Work Session.A motion was made by Councilmember Allen Chick to accept the City council minutes. Secondedby Councilmember David Clark. Motion passes unanimously.2.City Council Regular Meeting Minutes 081720Approve Minutes for the August 17, 2020 Regular City Council Meeting.A motion was made by Councilmember Allen Chick to accept the City council minutes. Secondedby Councilmember David Clark. Motion passes unanimously.3.City Council Special Meeting Minutes 08312020Approve Minutes for the August 31, 2020 Special City Council Meeting.b.Interlocal Cooperation Agreement Denton CountyApprove Interlocal Cooperation Agreement With Denton County For GovernmanceCommunications And Dispatch Services System For The City of Sanger Fire and PoliceDepartments A nd Authorize The Fire Chief and Police Chief to Execute Agreement. Councilmember Allen Chick made a motion to approve the Consent Agenda as presented. Motionwas seconded by Councilmember David Clark. Motion passed unanimously (40, Mayor Pro TemGary Bilyeu absent).5.Consider Any Items Removed from Consent Agenda.No items were removed from the Consent Agenda.6.EXECUTIVE SESSION:a.Texas Government Code Section 551.071 Consultation with Attorneys.Mayor Thomas Muir read the Executive Session Item and convened into Executive Session at 7:17pm.7.RECONVENE: OPEN MEETING:City Council reconvened back into public forum from Executive Session at 7:51 PM.REGULAR AGENDA8.Easement Acquisition Wastewater InfrastructureConsider, Discuss and Possibly Act on Easement Acquisition for Wastewater Infrastructure.Councilmember Marissa Barrett made a motion to authorize the Mayor Thomas Muir and LegalCounsel to proceed forward with the potential resolution of the Easement Acquisition forWastewater Infrastructure in question, including negotiating a potential agreement to be approved byCouncil in the future.The motion was seconded by Councilmember Dennis Dillon. Motion passedunanimously (40, Mayor Pro Tem Gary Bilyeu absent).9.Country Road Estates Addition Final PlatConsider, Discuss and Act on the Final Plat of Lots 1549 Block A, and Lots 324 Block B, ofCountry Road Estates, Being 81.45 Acres of the Ed Bradley Survey, Abstract Number 34, CookeCounty, Texas, the Ed Bradley Survey, Abstract Number 1705, and the B.B.B. C.RR Co Survey,Abstract number 199 in the City of Sanger’s ETJ, and Generally Located South of County Road200 and Approximately 4950 Feet West of I35.Director of Development Services Ramie Hammonds stood to speak to the Council, and reviewedthe staff report. She explained the variances that were approved with the preliminary plat. She statedthat staff has reviewed and recommends approval. She let Council know that the owner was at themeetingiftheyhadanyquestions.The Council had a short discussion with Director of Development Services Ramie Hammonds abouttheplat.Councilmember Allen Chick made a motion to accept lots 15 49 Blk A and Lots 3 24 Blk B ofCountry Road Estates. Councilmember Dennis Dillon seconded the motion. The motion passedunanimously (40 vote; Mayor Pro Tem Gary Bilyeu absent)..10.Green Meadow Farms Estates Addition Final PlatConsider, Discuss and Act on the Final Plat of Lot 16 Block A, of Meadow Green Farm EstatesAddition Phase1, Being 6.874 Acres, in the City of Sanger’s ETJ, and Generally Located on theWest Side of Metz Road and Approximately 2463 Feet South of Lois Rd.Director of Development Services Ramie Hammonds stood to speak and went over the staffreport. She explained that it is the plat that Council had already seen. Director of Development ServicesRamie Hammonds said staff does recommend approval.Councilmember asked when the preliminary plat was approved. Ramie stated it was approved abouttwo months ago. The Mayor made sure there were no changes other than the comments beingaddressed. Ramie agreed.Councimember Allen Chick made a motion to accept the Final Plat of Lots 16 Block A of MeadowGreen Farms Estates. Councilmember Dennis Dillon seconded the motion. The motion passed with a31 vote (Councilmember David Clark voted in opposition; Mayor Pro Tem Gary Bilyeu Absent).11.1404 Stemmons Frwy SUPConduct a Public Hearing and Consider, Discuss and Act on a Specific Use Permit (SUP) for anOutside Sales and Display use on Approximately 0.918 Acres of Land, Zoned as Business 2 (B2),and Generally Located Approximately 115 feet South of Sable Ave and 1585 feet North of theIntersection of North 5th Street and I35 Frontage Rd.Mayor Thomas Muir Opened the Public Meeting at 7:53 p.m..Director of Development Services Ramie Hammonds explained that the district only allows this typeof outside sales with an SUP. The site was previously a used car lot. The applicant is asking foroutdoor sales and display for new tractors, new utility trailers, new UTVs. She stated the land to theNorth and East are B 2 and vacant. The land to the South is also B 2 and has the Granite Huggersstore. The Planning and Zoning Commission did vote to approve the SUP with two stipulations: 1).that the SUP would expire in five years and 2) no signage would be allowed on the grass in the front.We sent out five public notices, with two notices being returned; one response was in favor and theother response indicated they had no issues. Staff has been looking over the city’s comprehensiveland use plan that is currently being updated with the help of a consultant to look at the overallzoninguses and map.Ramie reminded Council that she had visited previously about expiration datesand their use with SUPs given the level of development of surround tracts. She attached severalbuffer maps to show the lack of development around the subject property consistent with thisconsideration, showing that there was sufficient undeveloped land to warrant the use of an expirationdate. Staff would recommend approval with the following stipulations: 1)expiration in three years,2) No signage on the ground, 3) Uses would be specific to only New Utility Trailers, New Tractors,New UTVs, 4)No parking or display on grass, 5) Site must be maintained in an orderly fashion, 6)No storage containers or storage trailer will be permitted, 7) All signs will need to have a permitthroughtheCityofSanger.After no one approached the podium to comment during the public hearing, Mayor Thomas MuirClosed Public Hearing at 7:59 p.m.Director of Development Services Ramie Hammonds explained that Council packets includedpicturesofthecurrentsitesandpicturesofwhathewillbeselling.Mayor Thomas Muir briefly went over what they learned in the work session about SUPs. Heexplained about how setting a time limit works with undeveloped locations. He also explained abouthow the buffer maps are helpful in showing the properties around the site met this criterion.John Springer stood to speak and said there was not much more he could add than alreadypresented. He stated the owner lives in Flower Mound and would love to move his business toSanger. Bryan, the owner/operator explained he would be honored to be in Sanger and they willfollow all rules set.John Springer spoke and asked for Council to extend from three years to five years. CouncilmemberAllen Chick asked about parking on the grass.Director of Development Services Ramie Hammonds explained that the front half of the property isconcrete. She pointed out the photos in their packets of the property. She stated the back may havehad some gravel previously, but she said it is overgrown now and she would consider it grass. TheCity would have to decide if they would let them put in gravel or use an approved material.Councilmember Allen Chick stated that the pictures are clear, and it looks like grass. He made surethe owner was aware they will not be allowed to park on the grass.Councilmember Dennis Dillon asked did he hear it correct that the Planning and Zoning commissionapproved five years and staff is asking for three year.Director of Development Services Ramie Hammonds stated yes. The reason for the shortertimeframe was because the City is in the middle of a Comprehensive Plan.There was a brief discussion about the location of the existing pole sign. There was further discussion by Council over the reason for the SUP. Initially, Councilmember Allen Chick made a motion to approve the Specific Use Permit for an outside sales and display use on approximately 115 feet south of Sable Ave and 1585 feet North of the intersection of North 5th st.and I 35 Frontage Rd with all of Staffs recommendations. Seconded the motion by Councilmember David Clark. Additional discussion was had about the length of the expiration of the SUP. Councilmember Marissa Barrett said she understood the issue of being in the midst of reviewing the comprehensive land use plan but she also understood the reason for requesting five years instead of three years. After Council had a brief discussion about the expiration period change, the Councilmembers making the initial motion and second agreed to modify their original motion to extend the expiration date on the SUP to 5 years. The motion was approved unanimously (40 vote; Mayor Pro Tem Gary Bilyeu absent). 12.WWTP Change Order #9 Felix Construction Co. Consider, Discuss and Possibly Act on Approving Change Order #9 Between the City of Sanger and Felix Construction Company for Construction of the Sanger Wastewater Treatment Plant Rehabilitation and Improvements; And Authorize the Mayor to Execute Said Change Order. City Engineer Tracy LaPiene stood to give an update to City Council. City Engineer Tracy LaPiene showed a video of Interim Public Works Director Jim Bolz touring the Wastewater treatment plant to show the distance required to walk between plants 2 and 4 because of the lack of a walkway between the two plants. Councilmember David Clark made a motion approving change order #9 with a larger amount to include the walkway and the details outlined in the packet. In the amount of approximately $59,000 $60,000. The motion is seconded by Councilmember Marissa Barrett. The motion was approved unanimously (40 vote; Mayor Pro Tem Gary Bilyeu absent). 13.PSA KSA Water and Wastewater Master Plan Update Consider, Discuss And Possibly Act To Approve A Professional Services Agreement With KSA Engineers, Inc. For Water and Wastewater Master Plan Update In The Amount Of $41,000.00, And Authorize Mayor To Execute Agreement. City Engineer Tracy LaPiene gave a summary to Council. He stated the city had contracted with Perkins Engineering to do a study a few years back. This study was never brought forward to the City Council to be ratified. Also, he observed that many of the recommendations have sense been completed. City Engineer Tracy went over the information in the packet. Councilmember Marissa Barrett made a motion to approve a professional service agreement with KSA Engineers,Inc.for water and wastewater master plan update in the amount of $41,000 and authorize the Mayor Thomas Muir to execute the agreement.Councilmember Dennis Dillon seconded the motion. Motion passed unanimously (40 vote; Mayor Pro Tem Gary Bilyeu absent. 14.Public Hearing for Fiscal Year 20202021 Budget Conduct a Public Hearing for the Proposed Budget for the City of Sanger for Fiscal Year 2020 2021. Mayor Thomas Muir Opened the Public Hearing at 9:03 PM. Page 5Page 8 MINUTESCITY COUNCIL REGULAR MEETINGTUESDAY, SEPTEMBER 8, 20207:00 PMHISTORIC CHURCH BUILDING 403 N 7TH STREET,SANGER, TEXASCOUNCIL MEMBERS PRESENT:Mayor Thomas Muir, Councilmember David Clark, Councilmember Marissa Barrett, Councilmember Allen Chick, Councilmember Dennis DillonCOUNCIL MEMBERS ABSENT:Mayor Pro Tem Gary BilyeuSTAFF MEMBERS PRESENT:City Manager Alina Ciocan; HR Director Jeriana Staton, Interim Director of Public Work Jim Bolz,Interim Police Chief Jonathan Perkins, City Engineer Tracy LaPiene, Director of Finance ClaytonGray, Police Officer Josh Bishop, Director of Development Services Ramie Hammonds1.Call Meeting to Order, Establish a Quorum (Roll Call), Invocation.There being a quorum, Mayor Thomas Muir called the September 8th, 2020 Regular Meeting toorder at 7:00 p.m.. The Invocation was given by Mayor Thomas Muir. The Pledge of Allegiancewas led by Councilmember Dennis Dillon.2.CITIZEN INPUT:There were no citizens who came forward wishing to speak3.PROCLAMATION:a.Proclamation No. 090120 United Way LIVE UNITED MonthProclamation No. 090120 For United Way of Denton County, Proclaiming September 2020LIVE UNITED Month.Councilmember Allen Chick made a motion to approve Proclamation No. 0901/20 for United Wayof Denton County, Proclaiming September LIVE UNITED month.Councilmember David Clark seconded the motion. Motion passes unanimously. A photo was takenwith the Untied Way representative attending the meeting. 4.CONSENT AGENDA:a.Approval of Minutes1.City Council Work Session Minutes 081720Approve Minutes for the August 17, 2020 City Council Work Session.A motion was made by Councilmember Allen Chick to accept the City council minutes. Secondedby Councilmember David Clark. Motion passes unanimously.2.City Council Regular Meeting Minutes 081720Approve Minutes for the August 17, 2020 Regular City Council Meeting.A motion was made by Councilmember Allen Chick to accept the City council minutes. Secondedby Councilmember David Clark. Motion passes unanimously.3.City Council Special Meeting Minutes 08312020Approve Minutes for the August 31, 2020 Special City Council Meeting.b.Interlocal Cooperation Agreement Denton CountyApprove Interlocal Cooperation Agreement With Denton County For GovernmanceCommunications And Dispatch Services System For The City of Sanger Fire and PoliceDepartments A nd Authorize The Fire Chief and Police Chief to Execute Agreement. Councilmember Allen Chick made a motion to approve the Consent Agenda as presented. Motionwas seconded by Councilmember David Clark. Motion passed unanimously (40, Mayor Pro TemGary Bilyeu absent).5.Consider Any Items Removed from Consent Agenda.No items were removed from the Consent Agenda.6.EXECUTIVE SESSION:a.Texas Government Code Section 551.071 Consultation with Attorneys.Mayor Thomas Muir read the Executive Session Item and convened into Executive Session at 7:17pm.7.RECONVENE: OPEN MEETING:City Council reconvened back into public forum from Executive Session at 7:51 PM.REGULAR AGENDA8.Easement Acquisition Wastewater InfrastructureConsider, Discuss and Possibly Act on Easement Acquisition for Wastewater Infrastructure.Councilmember Marissa Barrett made a motion to authorize the Mayor Thomas Muir and LegalCounsel to proceed forward with the potential resolution of the Easement Acquisition forWastewater Infrastructure in question, including negotiating a potential agreement to be approved byCouncil in the future.The motion was seconded by Councilmember Dennis Dillon. Motion passedunanimously (40, Mayor Pro Tem Gary Bilyeu absent).9.Country Road Estates Addition Final PlatConsider, Discuss and Act on the Final Plat of Lots 1549 Block A, and Lots 324 Block B, ofCountry Road Estates, Being 81.45 Acres of the Ed Bradley Survey, Abstract Number 34, CookeCounty, Texas, the Ed Bradley Survey, Abstract Number 1705, and the B.B.B. C.RR Co Survey,Abstract number 199 in the City of Sanger’s ETJ, and Generally Located South of County Road200 and Approximately 4950 Feet West of I35.Director of Development Services Ramie Hammonds stood to speak to the Council, and reviewedthe staff report. She explained the variances that were approved with the preliminary plat. She statedthat staff has reviewed and recommends approval. She let Council know that the owner was at themeetingiftheyhadanyquestions.The Council had a short discussion with Director of Development Services Ramie Hammonds abouttheplat.Councilmember Allen Chick made a motion to accept lots 15 49 Blk A and Lots 3 24 Blk B ofCountry Road Estates. Councilmember Dennis Dillon seconded the motion. The motion passedunanimously (40 vote; Mayor Pro Tem Gary Bilyeu absent)..10.Green Meadow Farms Estates Addition Final PlatConsider, Discuss and Act on the Final Plat of Lot 16 Block A, of Meadow Green Farm EstatesAddition Phase1, Being 6.874 Acres, in the City of Sanger’s ETJ, and Generally Located on theWest Side of Metz Road and Approximately 2463 Feet South of Lois Rd.Director of Development Services Ramie Hammonds stood to speak and went over the staffreport. She explained that it is the plat that Council had already seen. Director of Development ServicesRamie Hammonds said staff does recommend approval.Councilmember asked when the preliminary plat was approved. Ramie stated it was approved abouttwo months ago. The Mayor made sure there were no changes other than the comments beingaddressed. Ramie agreed.Councimember Allen Chick made a motion to accept the Final Plat of Lots 16 Block A of MeadowGreen Farms Estates. Councilmember Dennis Dillon seconded the motion. The motion passed with a31 vote (Councilmember David Clark voted in opposition; Mayor Pro Tem Gary Bilyeu Absent).11.1404 Stemmons Frwy SUPConduct a Public Hearing and Consider, Discuss and Act on a Specific Use Permit (SUP) for anOutside Sales and Display use on Approximately 0.918 Acres of Land, Zoned as Business 2 (B2),and Generally Located Approximately 115 feet South of Sable Ave and 1585 feet North of theIntersection of North 5th Street and I35 Frontage Rd.Mayor Thomas Muir Opened the Public Meeting at 7:53 p.m..Director of Development Services Ramie Hammonds explained that the district only allows this typeof outside sales with an SUP. The site was previously a used car lot. The applicant is asking foroutdoor sales and display for new tractors, new utility trailers, new UTVs. She stated the land to theNorth and East are B 2 and vacant. The land to the South is also B 2 and has the Granite Huggersstore. The Planning and Zoning Commission did vote to approve the SUP with two stipulations: 1).that the SUP would expire in five years and 2) no signage would be allowed on the grass in the front.We sent out five public notices, with two notices being returned; one response was in favor and theother response indicated they had no issues. Staff has been looking over the city’s comprehensiveland use plan that is currently being updated with the help of a consultant to look at the overallzoninguses and map.Ramie reminded Council that she had visited previously about expiration datesand their use with SUPs given the level of development of surround tracts. She attached severalbuffer maps to show the lack of development around the subject property consistent with thisconsideration, showing that there was sufficient undeveloped land to warrant the use of an expirationdate. Staff would recommend approval with the following stipulations: 1)expiration in three years,2) No signage on the ground, 3) Uses would be specific to only New Utility Trailers, New Tractors,New UTVs, 4)No parking or display on grass, 5) Site must be maintained in an orderly fashion, 6)No storage containers or storage trailer will be permitted, 7) All signs will need to have a permitthroughtheCityofSanger.After no one approached the podium to comment during the public hearing, Mayor Thomas MuirClosed Public Hearing at 7:59 p.m.Director of Development Services Ramie Hammonds explained that Council packets includedpicturesofthecurrentsitesandpicturesofwhathewillbeselling.Mayor Thomas Muir briefly went over what they learned in the work session about SUPs. Heexplained about how setting a time limit works with undeveloped locations. He also explained abouthow the buffer maps are helpful in showing the properties around the site met this criterion.John Springer stood to speak and said there was not much more he could add than alreadypresented. He stated the owner lives in Flower Mound and would love to move his business toSanger. Bryan, the owner/operator explained he would be honored to be in Sanger and they willfollow all rules set.John Springer spoke and asked for Council to extend from three years to five years. CouncilmemberAllen Chick asked about parking on the grass.Director of Development Services Ramie Hammonds explained that the front half of the property isconcrete. She pointed out the photos in their packets of the property. She stated the back may havehad some gravel previously, but she said it is overgrown now and she would consider it grass. TheCity would have to decide if they would let them put in gravel or use an approved material.Councilmember Allen Chick stated that the pictures are clear, and it looks like grass. He made surethe owner was aware they will not be allowed to park on the grass.Councilmember Dennis Dillon asked did he hear it correct that the Planning and Zoning commissionapproved five years and staff is asking for three year.Director of Development Services Ramie Hammonds stated yes. The reason for the shortertimeframe was because the City is in the middle of a Comprehensive Plan.There was a brief discussion about the location of the existing pole sign. There was further discussionby Council over the reason for the SUP.Initially, Councilmember Allen Chick made a motion to approve the Specific Use Permit for anoutsidesales and display use on approximately 115 feet south of Sable Ave and 1585 feet North ofthe intersection of North 5th st.and I 35 Frontage Rd with all of Staffs recommendations.Seconded the motion by Councilmember David Clark.Additional discussion was had about the length of the expiration of the SUP. CouncilmemberMarissaBarrettsaid she understood the issue of being in the midst of reviewing the comprehensiveland use plan but she also understood the reason for requesting five years instead of three years.After Council had a brief discussion about the expiration period change, the Councilmembersmaking the initial motion and second agreed to modify their original motion to extend the expirationdate on the SUP to 5 years.The motion was approved unanimously (40 vote; Mayor Pro Tem Gary Bilyeu absent).12.WWTP Change Order #9 Felix Construction Co.Consider, Discuss and Possibly Act on Approving Change Order #9 Between the City of Sangerand Felix Construction Company for Construction of the Sanger Wastewater Treatment PlantRehabilitation and Improvements; And Authorize the Mayor to Execute Said Change Order. City Engineer Tracy LaPiene stood to give an update to City Council. City Engineer Tracy LaPieneshowed a video of Interim Public Works Director Jim Bolz touring the Wastewater treatment plantto show the distance required to walk between plants 2 and 4 because of the lack of a walkwaybetween the two plants.Councilmember David Clark made a motion approving change order #9 with a larger amount toinclude the walkway and the details outlined in the packet. In the amount of approximately $59,000 $60,000. The motion is seconded by Councilmember Marissa Barrett. The motion was approvedunanimously (40 vote; Mayor Pro Tem Gary Bilyeu absent). 13.PSA KSA Water and Wastewater Master Plan UpdateConsider, Discuss And Possibly Act To Approve A Professional Services Agreement With KSAEngineers, Inc. For Water and Wastewater Master Plan Update In The Amount Of $41,000.00,And Authorize Mayor To Execute Agreement.City Engineer Tracy LaPiene gave a summary to Council. He stated the city had contracted withPerkins Engineering to do a study a few years back. This study was never brought forward to theCity Council to be ratified. Also, he observed that many of the recommendations have sense beencompleted. City Engineer Tracy went over the information in the packet.Councilmember Marissa Barrett made a motion to approve a professional service agreement withKSAEngineers,Inc.for water and wastewater master plan update in the amount of $41,000 andauthorizetheMayorThomasMuirtoexecutetheagreement.Councilmember Dennis Dillonseconded the motion. Motion passed unanimously (40 vote; Mayor Pro Tem Gary Bilyeu absent.14.Public Hearing for Fiscal Year 20202021 BudgetConduct a Public Hearing for the Proposed Budget for the City of Sanger for Fiscal Year 20202021. Mayor Thomas Muir Opened the Public Hearing at 9:03 PM. No one came forward wishing to speak. Mayor Thomas Muir Closed the Public Hearing at 9:04 PM. 15.Public Hearing for Proposed Tax Rate Conduct a Public Hearing on a Proposal to Increase Total Tax Revenues From Properties on the Tax Roll in the Preceding Year by 9% with the Proposed Tax Rate $0.6791 per $100 of Assessed Valuation. (Tax Rate is Proposed to Remain the Same as the Preceding Year's Tax Rate of $0.6791 per $100 of Assessed Valuation). Mayor Thomas Muir Opened the Public Hearing at 9:08 PM. Mayor Thomas Muir explains the tax rate is staying the same because Sanger is growing and the property valuations are increasing, so our total tax revenues so the tax is staying the same. After this explanation, no one came forward wishing to speak. Mayor Thomas Muir Closed the Public Hearing at 9:09 PM. 16.Resolution #091220 Changing Bank Signatories Approval of Resolution #091220 Authorizing a Change of Authorized Bank Signatories Director of Finance Clayton Gray speaks to the council and explains that the City of Sanger banks at both First United Bank and Prosperity Bank,both banks require two signatures on checks which is the City Manager Alina Ciocan and City Secretary Cheryl Price. With staff changes this resolution will change those signatories to Interim City Manager Jeriana Stanton and Mayor Thomas Muir. Councilmember Marissa Barrett made a motion to approve of resolution #09 12 20 authorizing a change of authorized bank signatories.Councilmember David Clark seconded the motion. Motion passed unanimously (40 vote; Mayor Pro Tem Gary Bilyeu absent). 17.City Manager Position Consider, Discuss and Act on The Recruitment Process And Collateral Materials For The City Manager Position. Mayor Thomas Muir explained the update of the flyer.He said the first page did not contain many changes other than a typo. He went over some of the updates and changes. Council discussed the addition of making it a requirement for the City Manager to live within the Sanger area. The Mayor discussed the last page and talked about the salary for the City Manager and stated it might need to be a point of discussion. Council went over the flyer and the requirements.Interim City Manager Jeriana Staton brought up a possible concern about the residency requirement and the affect it might have on getting someone hired and on board.Mayor Thomas Muir said he would prefer to leave it as a preference and say this would not be an immediate requirement so the City Manager could start as fast as possible.We will work with relocating the City Manager in an appropriate time frame. Page 6Page 9 MINUTESCITY COUNCIL REGULAR MEETINGTUESDAY, SEPTEMBER 8, 20207:00 PMHISTORIC CHURCH BUILDING 403 N 7TH STREET,SANGER, TEXASCOUNCIL MEMBERS PRESENT:Mayor Thomas Muir, Councilmember David Clark, Councilmember Marissa Barrett, Councilmember Allen Chick, Councilmember Dennis DillonCOUNCIL MEMBERS ABSENT:Mayor Pro Tem Gary BilyeuSTAFF MEMBERS PRESENT:City Manager Alina Ciocan; HR Director Jeriana Staton, Interim Director of Public Work Jim Bolz,Interim Police Chief Jonathan Perkins, City Engineer Tracy LaPiene, Director of Finance ClaytonGray, Police Officer Josh Bishop, Director of Development Services Ramie Hammonds1.Call Meeting to Order, Establish a Quorum (Roll Call), Invocation.There being a quorum, Mayor Thomas Muir called the September 8th, 2020 Regular Meeting toorder at 7:00 p.m.. The Invocation was given by Mayor Thomas Muir. The Pledge of Allegiancewas led by Councilmember Dennis Dillon.2.CITIZEN INPUT:There were no citizens who came forward wishing to speak3.PROCLAMATION:a.Proclamation No. 090120 United Way LIVE UNITED MonthProclamation No. 090120 For United Way of Denton County, Proclaiming September 2020LIVE UNITED Month.Councilmember Allen Chick made a motion to approve Proclamation No. 0901/20 for United Wayof Denton County, Proclaiming September LIVE UNITED month.Councilmember David Clark seconded the motion. Motion passes unanimously. A photo was takenwith the Untied Way representative attending the meeting. 4.CONSENT AGENDA:a.Approval of Minutes1.City Council Work Session Minutes 081720Approve Minutes for the August 17, 2020 City Council Work Session.A motion was made by Councilmember Allen Chick to accept the City council minutes. Secondedby Councilmember David Clark. Motion passes unanimously.2.City Council Regular Meeting Minutes 081720Approve Minutes for the August 17, 2020 Regular City Council Meeting.A motion was made by Councilmember Allen Chick to accept the City council minutes. Secondedby Councilmember David Clark. Motion passes unanimously.3.City Council Special Meeting Minutes 08312020Approve Minutes for the August 31, 2020 Special City Council Meeting.b.Interlocal Cooperation Agreement Denton CountyApprove Interlocal Cooperation Agreement With Denton County For GovernmanceCommunications And Dispatch Services System For The City of Sanger Fire and PoliceDepartments A nd Authorize The Fire Chief and Police Chief to Execute Agreement. Councilmember Allen Chick made a motion to approve the Consent Agenda as presented. Motionwas seconded by Councilmember David Clark. Motion passed unanimously (40, Mayor Pro TemGary Bilyeu absent).5.Consider Any Items Removed from Consent Agenda.No items were removed from the Consent Agenda.6.EXECUTIVE SESSION:a.Texas Government Code Section 551.071 Consultation with Attorneys.Mayor Thomas Muir read the Executive Session Item and convened into Executive Session at 7:17pm.7.RECONVENE: OPEN MEETING:City Council reconvened back into public forum from Executive Session at 7:51 PM.REGULAR AGENDA8.Easement Acquisition Wastewater InfrastructureConsider, Discuss and Possibly Act on Easement Acquisition for Wastewater Infrastructure.Councilmember Marissa Barrett made a motion to authorize the Mayor Thomas Muir and LegalCounsel to proceed forward with the potential resolution of the Easement Acquisition forWastewater Infrastructure in question, including negotiating a potential agreement to be approved byCouncil in the future.The motion was seconded by Councilmember Dennis Dillon. Motion passedunanimously (40, Mayor Pro Tem Gary Bilyeu absent).9.Country Road Estates Addition Final PlatConsider, Discuss and Act on the Final Plat of Lots 1549 Block A, and Lots 324 Block B, ofCountry Road Estates, Being 81.45 Acres of the Ed Bradley Survey, Abstract Number 34, CookeCounty, Texas, the Ed Bradley Survey, Abstract Number 1705, and the B.B.B. C.RR Co Survey,Abstract number 199 in the City of Sanger’s ETJ, and Generally Located South of County Road200 and Approximately 4950 Feet West of I35.Director of Development Services Ramie Hammonds stood to speak to the Council, and reviewedthe staff report. She explained the variances that were approved with the preliminary plat. She statedthat staff has reviewed and recommends approval. She let Council know that the owner was at themeetingiftheyhadanyquestions.The Council had a short discussion with Director of Development Services Ramie Hammonds abouttheplat.Councilmember Allen Chick made a motion to accept lots 15 49 Blk A and Lots 3 24 Blk B ofCountry Road Estates. Councilmember Dennis Dillon seconded the motion. The motion passedunanimously (40 vote; Mayor Pro Tem Gary Bilyeu absent)..10.Green Meadow Farms Estates Addition Final PlatConsider, Discuss and Act on the Final Plat of Lot 16 Block A, of Meadow Green Farm EstatesAddition Phase1, Being 6.874 Acres, in the City of Sanger’s ETJ, and Generally Located on theWest Side of Metz Road and Approximately 2463 Feet South of Lois Rd.Director of Development Services Ramie Hammonds stood to speak and went over the staffreport. She explained that it is the plat that Council had already seen. Director of Development ServicesRamie Hammonds said staff does recommend approval.Councilmember asked when the preliminary plat was approved. Ramie stated it was approved abouttwo months ago. The Mayor made sure there were no changes other than the comments beingaddressed. Ramie agreed.Councimember Allen Chick made a motion to accept the Final Plat of Lots 16 Block A of MeadowGreen Farms Estates. Councilmember Dennis Dillon seconded the motion. The motion passed with a31 vote (Councilmember David Clark voted in opposition; Mayor Pro Tem Gary Bilyeu Absent).11.1404 Stemmons Frwy SUPConduct a Public Hearing and Consider, Discuss and Act on a Specific Use Permit (SUP) for anOutside Sales and Display use on Approximately 0.918 Acres of Land, Zoned as Business 2 (B2),and Generally Located Approximately 115 feet South of Sable Ave and 1585 feet North of theIntersection of North 5th Street and I35 Frontage Rd.Mayor Thomas Muir Opened the Public Meeting at 7:53 p.m..Director of Development Services Ramie Hammonds explained that the district only allows this typeof outside sales with an SUP. The site was previously a used car lot. The applicant is asking foroutdoor sales and display for new tractors, new utility trailers, new UTVs. She stated the land to theNorth and East are B 2 and vacant. The land to the South is also B 2 and has the Granite Huggersstore. The Planning and Zoning Commission did vote to approve the SUP with two stipulations: 1).that the SUP would expire in five years and 2) no signage would be allowed on the grass in the front.We sent out five public notices, with two notices being returned; one response was in favor and theother response indicated they had no issues. Staff has been looking over the city’s comprehensiveland use plan that is currently being updated with the help of a consultant to look at the overallzoninguses and map.Ramie reminded Council that she had visited previously about expiration datesand their use with SUPs given the level of development of surround tracts. She attached severalbuffer maps to show the lack of development around the subject property consistent with thisconsideration, showing that there was sufficient undeveloped land to warrant the use of an expirationdate. Staff would recommend approval with the following stipulations: 1)expiration in three years,2) No signage on the ground, 3) Uses would be specific to only New Utility Trailers, New Tractors,New UTVs, 4)No parking or display on grass, 5) Site must be maintained in an orderly fashion, 6)No storage containers or storage trailer will be permitted, 7) All signs will need to have a permitthroughtheCityofSanger.After no one approached the podium to comment during the public hearing, Mayor Thomas MuirClosed Public Hearing at 7:59 p.m.Director of Development Services Ramie Hammonds explained that Council packets includedpicturesofthecurrentsitesandpicturesofwhathewillbeselling.Mayor Thomas Muir briefly went over what they learned in the work session about SUPs. Heexplained about how setting a time limit works with undeveloped locations. He also explained abouthow the buffer maps are helpful in showing the properties around the site met this criterion.John Springer stood to speak and said there was not much more he could add than alreadypresented. He stated the owner lives in Flower Mound and would love to move his business toSanger. Bryan, the owner/operator explained he would be honored to be in Sanger and they willfollow all rules set.John Springer spoke and asked for Council to extend from three years to five years. CouncilmemberAllen Chick asked about parking on the grass.Director of Development Services Ramie Hammonds explained that the front half of the property isconcrete. She pointed out the photos in their packets of the property. She stated the back may havehad some gravel previously, but she said it is overgrown now and she would consider it grass. TheCity would have to decide if they would let them put in gravel or use an approved material.Councilmember Allen Chick stated that the pictures are clear, and it looks like grass. He made surethe owner was aware they will not be allowed to park on the grass.Councilmember Dennis Dillon asked did he hear it correct that the Planning and Zoning commissionapproved five years and staff is asking for three year.Director of Development Services Ramie Hammonds stated yes. The reason for the shortertimeframe was because the City is in the middle of a Comprehensive Plan.There was a brief discussion about the location of the existing pole sign. There was further discussionby Council over the reason for the SUP.Initially, Councilmember Allen Chick made a motion to approve the Specific Use Permit for anoutsidesales and display use on approximately 115 feet south of Sable Ave and 1585 feet North ofthe intersection of North 5th st.and I 35 Frontage Rd with all of Staffs recommendations.Seconded the motion by Councilmember David Clark.Additional discussion was had about the length of the expiration of the SUP. CouncilmemberMarissaBarrettsaid she understood the issue of being in the midst of reviewing the comprehensiveland use plan but she also understood the reason for requesting five years instead of three years.After Council had a brief discussion about the expiration period change, the Councilmembersmaking the initial motion and second agreed to modify their original motion to extend the expirationdate on the SUP to 5 years.The motion was approved unanimously (40 vote; Mayor Pro Tem Gary Bilyeu absent).12.WWTP Change Order #9 Felix Construction Co.Consider, Discuss and Possibly Act on Approving Change Order #9 Between the City of Sangerand Felix Construction Company for Construction of the Sanger Wastewater Treatment PlantRehabilitation and Improvements; And Authorize the Mayor to Execute Said Change Order. City Engineer Tracy LaPiene stood to give an update to City Council. City Engineer Tracy LaPieneshowed a video of Interim Public Works Director Jim Bolz touring the Wastewater treatment plantto show the distance required to walk between plants 2 and 4 because of the lack of a walkwaybetween the two plants.Councilmember David Clark made a motion approving change order #9 with a larger amount toinclude the walkway and the details outlined in the packet. In the amount of approximately $59,000 $60,000. The motion is seconded by Councilmember Marissa Barrett. The motion was approvedunanimously (40 vote; Mayor Pro Tem Gary Bilyeu absent). 13.PSA KSA Water and Wastewater Master Plan UpdateConsider, Discuss And Possibly Act To Approve A Professional Services Agreement With KSAEngineers, Inc. For Water and Wastewater Master Plan Update In The Amount Of $41,000.00,And Authorize Mayor To Execute Agreement.City Engineer Tracy LaPiene gave a summary to Council. He stated the city had contracted withPerkins Engineering to do a study a few years back. This study was never brought forward to theCity Council to be ratified. Also, he observed that many of the recommendations have sense beencompleted. City Engineer Tracy went over the information in the packet.Councilmember Marissa Barrett made a motion to approve a professional service agreement withKSAEngineers,Inc.for water and wastewater master plan update in the amount of $41,000 andauthorizetheMayorThomasMuirtoexecutetheagreement.Councilmember Dennis Dillonseconded the motion. Motion passed unanimously (40 vote; Mayor Pro Tem Gary Bilyeu absent.14.Public Hearing for Fiscal Year 20202021 BudgetConduct a Public Hearing for the Proposed Budget for the City of Sanger for Fiscal Year 20202021.Mayor Thomas Muir Opened the Public Hearing at 9:03 PM. No one came forward wishing to speak.Mayor Thomas Muir Closed the Public Hearing at 9:04 PM.15.Public Hearing for Proposed Tax RateConduct a Public Hearing on a Proposal to Increase Total Tax Revenues From Properties on theTax Roll in the Preceding Year by 9% with the Proposed Tax Rate $0.6791 per $100 of AssessedValuation. (Tax Rate is Proposed to Remain the Same as the Preceding Year's Tax Rate of $0.6791per $100 of Assessed Valuation).Mayor Thomas Muir Opened the Public Hearing at 9:08 PM.Mayor Thomas Muir explains the tax rate is staying the same because Sanger is growing and theproperty valuations are increasing, so our total tax revenues so the tax is staying the same.After this explanation, no one came forward wishing to speak.Mayor Thomas Muir Closed the Public Hearing at 9:09 PM.16.Resolution #091220 Changing Bank SignatoriesApproval of Resolution #091220 Authorizing a Change of Authorized Bank SignatoriesDirectorofFinanceClaytonGrayspeakstothecouncilandexplainsthattheCityofSanger banks atbothFirstUnitedBankandProsperityBank,both banks require two signatures on checks which is theCity Manager Alina Ciocan and City Secretary Cheryl Price. With staff changes this resolution will changethosesignatoriestoInterimCityManagerJerianaStantonandMayorThomasMuir.Councilmember Marissa Barrett made a motion to approve of resolution #09 12 20 authorizing achange of authorized bank signatories.Councilmember David Clark seconded the motion.Motion passed unanimously (40 vote; Mayor Pro Tem Gary Bilyeu absent).17.City Manager PositionConsider, Discuss and Act on The Recruitment Process And Collateral Materials For The CityManager Position.Mayor Thomas Muir explained the update of the flyer.He said the first page did not contain manychangesother than a typo. He went over some of the updates and changes. Council discussed theaddition of making it a requirement for the City Manager to live within the Sanger area. The Mayordiscussed the last page and talked about the salary for the City Manager and stated it might need tobea point of discussion.Council went over the flyer and the requirements.Interim City Manager Jeriana Staton brought up apossible concern about the residency requirement and the affect it might have on getting someonehired and on board.Mayor Thomas Muir said he would prefer to leave it as a preference and saythiswould not be an immediate requirement so the City Manager could start as fast as possible.We will work with relocating the City Manager in an appropriate time frame. Interim City Manager Jeriana Staton said she did speak with our IT service and said they would be able to set it up to where we could receive applications via a separate email. The Council had a little more discussion over the job description. Councilmember Marissa Barrett made a motion to approve staff to move forward with the discussed edits needed prior to publishing the recruitment flyer for City Manager position. Councilmember David Clark seconded the motion. Motion passed unanimously (40 vote; Mayor Pro Tem Gary Bilyeu absent). 18.INFORMATION ITEMS: Mayor Thomas Muir went over the information items that were included in the packets. a.Capital Projects Recap September 2, 2020 b.Disbursements Disbursements for August 2020 c.Atmos Energy Rate Tariffs Update on Atmos Energy Corporation's Rate Tariffs. d.Atmos Rider GCR Atmos Rider GCR Rate Filing Under Docket No. 10170 e.Monthly Financial Reports June & July 2020 Attached are financial reports for both June and July 2020. The format has changed slightly from previous reports. Since the Internal Service Fund was established years ago, that fund's expenditures have been presented on the report as "Administration" in the General and Enterprise Fund. The revised format now includes the Internal Service Fund reported separately, so detail for those departments (Administration, Engineering, Finance, etc) are seen in detail. Attached are financial reports for both June and July 2020. The format had changed slightly from previous reports. Since the Internal Service Fund was established years ago, that fund's expenditures had been presented on the report as "Administration" in the General and Enterprise Fund. The revised format now included the Internal Service Fund reported separately, so detail for those departments (Administration, Engineering, Finance, etc.) are seen in detail. 19.FUTURE AGENDA ITEMS: Councilmember David Clark brought up reviewing and updating the land use table. 20.ADJOURN. There being no further items for discussion Mayor Thomas Muir adjourned the meeting at 9:28 p.m. Page 7Page 10 MINUTESCITY COUNCIL REGULAR MEETINGTUESDAY, SEPTEMBER 8, 20207:00 PMHISTORIC CHURCH BUILDING 403 N 7TH STREET,SANGER, TEXASCOUNCIL MEMBERS PRESENT:Mayor Thomas Muir, Councilmember David Clark, Councilmember Marissa Barrett, Councilmember Allen Chick, Councilmember Dennis DillonCOUNCIL MEMBERS ABSENT:Mayor Pro Tem Gary BilyeuSTAFF MEMBERS PRESENT:City Manager Alina Ciocan; HR Director Jeriana Staton, Interim Director of Public Work Jim Bolz,Interim Police Chief Jonathan Perkins, City Engineer Tracy LaPiene, Director of Finance ClaytonGray, Police Officer Josh Bishop, Director of Development Services Ramie Hammonds1.Call Meeting to Order, Establish a Quorum (Roll Call), Invocation.There being a quorum, Mayor Thomas Muir called the September 8th, 2020 Regular Meeting toorder at 7:00 p.m.. The Invocation was given by Mayor Thomas Muir. The Pledge of Allegiancewas led by Councilmember Dennis Dillon.2.CITIZEN INPUT:There were no citizens who came forward wishing to speak3.PROCLAMATION:a.Proclamation No. 090120 United Way LIVE UNITED MonthProclamation No. 090120 For United Way of Denton County, Proclaiming September 2020LIVE UNITED Month.Councilmember Allen Chick made a motion to approve Proclamation No. 0901/20 for United Wayof Denton County, Proclaiming September LIVE UNITED month.Councilmember David Clark seconded the motion. Motion passes unanimously. A photo was takenwith the Untied Way representative attending the meeting. 4.CONSENT AGENDA:a.Approval of Minutes1.City Council Work Session Minutes 081720Approve Minutes for the August 17, 2020 City Council Work Session.A motion was made by Councilmember Allen Chick to accept the City council minutes. Secondedby Councilmember David Clark. Motion passes unanimously.2.City Council Regular Meeting Minutes 081720Approve Minutes for the August 17, 2020 Regular City Council Meeting.A motion was made by Councilmember Allen Chick to accept the City council minutes. Secondedby Councilmember David Clark. Motion passes unanimously.3.City Council Special Meeting Minutes 08312020Approve Minutes for the August 31, 2020 Special City Council Meeting.b.Interlocal Cooperation Agreement Denton CountyApprove Interlocal Cooperation Agreement With Denton County For GovernmanceCommunications And Dispatch Services System For The City of Sanger Fire and PoliceDepartments A nd Authorize The Fire Chief and Police Chief to Execute Agreement. Councilmember Allen Chick made a motion to approve the Consent Agenda as presented. Motionwas seconded by Councilmember David Clark. Motion passed unanimously (40, Mayor Pro TemGary Bilyeu absent).5.Consider Any Items Removed from Consent Agenda.No items were removed from the Consent Agenda.6.EXECUTIVE SESSION:a.Texas Government Code Section 551.071 Consultation with Attorneys.Mayor Thomas Muir read the Executive Session Item and convened into Executive Session at 7:17pm.7.RECONVENE: OPEN MEETING:City Council reconvened back into public forum from Executive Session at 7:51 PM.REGULAR AGENDA8.Easement Acquisition Wastewater InfrastructureConsider, Discuss and Possibly Act on Easement Acquisition for Wastewater Infrastructure.Councilmember Marissa Barrett made a motion to authorize the Mayor Thomas Muir and LegalCounsel to proceed forward with the potential resolution of the Easement Acquisition forWastewater Infrastructure in question, including negotiating a potential agreement to be approved byCouncil in the future.The motion was seconded by Councilmember Dennis Dillon. Motion passedunanimously (40, Mayor Pro Tem Gary Bilyeu absent).9.Country Road Estates Addition Final PlatConsider, Discuss and Act on the Final Plat of Lots 1549 Block A, and Lots 324 Block B, ofCountry Road Estates, Being 81.45 Acres of the Ed Bradley Survey, Abstract Number 34, CookeCounty, Texas, the Ed Bradley Survey, Abstract Number 1705, and the B.B.B. C.RR Co Survey,Abstract number 199 in the City of Sanger’s ETJ, and Generally Located South of County Road200 and Approximately 4950 Feet West of I35.Director of Development Services Ramie Hammonds stood to speak to the Council, and reviewedthe staff report. She explained the variances that were approved with the preliminary plat. She statedthat staff has reviewed and recommends approval. She let Council know that the owner was at themeetingiftheyhadanyquestions.The Council had a short discussion with Director of Development Services Ramie Hammonds abouttheplat.Councilmember Allen Chick made a motion to accept lots 15 49 Blk A and Lots 3 24 Blk B ofCountry Road Estates. Councilmember Dennis Dillon seconded the motion. The motion passedunanimously (40 vote; Mayor Pro Tem Gary Bilyeu absent)..10.Green Meadow Farms Estates Addition Final PlatConsider, Discuss and Act on the Final Plat of Lot 16 Block A, of Meadow Green Farm EstatesAddition Phase1, Being 6.874 Acres, in the City of Sanger’s ETJ, and Generally Located on theWest Side of Metz Road and Approximately 2463 Feet South of Lois Rd.Director of Development Services Ramie Hammonds stood to speak and went over the staffreport. She explained that it is the plat that Council had already seen. Director of Development ServicesRamie Hammonds said staff does recommend approval.Councilmember asked when the preliminary plat was approved. Ramie stated it was approved abouttwo months ago. The Mayor made sure there were no changes other than the comments beingaddressed. Ramie agreed.Councimember Allen Chick made a motion to accept the Final Plat of Lots 16 Block A of MeadowGreen Farms Estates. Councilmember Dennis Dillon seconded the motion. The motion passed with a31 vote (Councilmember David Clark voted in opposition; Mayor Pro Tem Gary Bilyeu Absent).11.1404 Stemmons Frwy SUPConduct a Public Hearing and Consider, Discuss and Act on a Specific Use Permit (SUP) for anOutside Sales and Display use on Approximately 0.918 Acres of Land, Zoned as Business 2 (B2),and Generally Located Approximately 115 feet South of Sable Ave and 1585 feet North of theIntersection of North 5th Street and I35 Frontage Rd.Mayor Thomas Muir Opened the Public Meeting at 7:53 p.m..Director of Development Services Ramie Hammonds explained that the district only allows this typeof outside sales with an SUP. The site was previously a used car lot. The applicant is asking foroutdoor sales and display for new tractors, new utility trailers, new UTVs. She stated the land to theNorth and East are B 2 and vacant. The land to the South is also B 2 and has the Granite Huggersstore. The Planning and Zoning Commission did vote to approve the SUP with two stipulations: 1).that the SUP would expire in five years and 2) no signage would be allowed on the grass in the front.We sent out five public notices, with two notices being returned; one response was in favor and theother response indicated they had no issues. Staff has been looking over the city’s comprehensiveland use plan that is currently being updated with the help of a consultant to look at the overallzoninguses and map.Ramie reminded Council that she had visited previously about expiration datesand their use with SUPs given the level of development of surround tracts. She attached severalbuffer maps to show the lack of development around the subject property consistent with thisconsideration, showing that there was sufficient undeveloped land to warrant the use of an expirationdate. Staff would recommend approval with the following stipulations: 1)expiration in three years,2) No signage on the ground, 3) Uses would be specific to only New Utility Trailers, New Tractors,New UTVs, 4)No parking or display on grass, 5) Site must be maintained in an orderly fashion, 6)No storage containers or storage trailer will be permitted, 7) All signs will need to have a permitthroughtheCityofSanger.After no one approached the podium to comment during the public hearing, Mayor Thomas MuirClosed Public Hearing at 7:59 p.m.Director of Development Services Ramie Hammonds explained that Council packets includedpicturesofthecurrentsitesandpicturesofwhathewillbeselling.Mayor Thomas Muir briefly went over what they learned in the work session about SUPs. Heexplained about how setting a time limit works with undeveloped locations. He also explained abouthow the buffer maps are helpful in showing the properties around the site met this criterion.John Springer stood to speak and said there was not much more he could add than alreadypresented. He stated the owner lives in Flower Mound and would love to move his business toSanger. Bryan, the owner/operator explained he would be honored to be in Sanger and they willfollow all rules set.John Springer spoke and asked for Council to extend from three years to five years. CouncilmemberAllen Chick asked about parking on the grass.Director of Development Services Ramie Hammonds explained that the front half of the property isconcrete. She pointed out the photos in their packets of the property. She stated the back may havehad some gravel previously, but she said it is overgrown now and she would consider it grass. TheCity would have to decide if they would let them put in gravel or use an approved material.Councilmember Allen Chick stated that the pictures are clear, and it looks like grass. He made surethe owner was aware they will not be allowed to park on the grass.Councilmember Dennis Dillon asked did he hear it correct that the Planning and Zoning commissionapproved five years and staff is asking for three year.Director of Development Services Ramie Hammonds stated yes. The reason for the shortertimeframe was because the City is in the middle of a Comprehensive Plan.There was a brief discussion about the location of the existing pole sign. There was further discussionby Council over the reason for the SUP.Initially, Councilmember Allen Chick made a motion to approve the Specific Use Permit for anoutsidesales and display use on approximately 115 feet south of Sable Ave and 1585 feet North ofthe intersection of North 5th st.and I 35 Frontage Rd with all of Staffs recommendations.Seconded the motion by Councilmember David Clark.Additional discussion was had about the length of the expiration of the SUP. CouncilmemberMarissaBarrettsaid she understood the issue of being in the midst of reviewing the comprehensiveland use plan but she also understood the reason for requesting five years instead of three years.After Council had a brief discussion about the expiration period change, the Councilmembersmaking the initial motion and second agreed to modify their original motion to extend the expirationdate on the SUP to 5 years.The motion was approved unanimously (40 vote; Mayor Pro Tem Gary Bilyeu absent).12.WWTP Change Order #9 Felix Construction Co.Consider, Discuss and Possibly Act on Approving Change Order #9 Between the City of Sangerand Felix Construction Company for Construction of the Sanger Wastewater Treatment PlantRehabilitation and Improvements; And Authorize the Mayor to Execute Said Change Order. City Engineer Tracy LaPiene stood to give an update to City Council. City Engineer Tracy LaPieneshowed a video of Interim Public Works Director Jim Bolz touring the Wastewater treatment plantto show the distance required to walk between plants 2 and 4 because of the lack of a walkwaybetween the two plants.Councilmember David Clark made a motion approving change order #9 with a larger amount toinclude the walkway and the details outlined in the packet. In the amount of approximately $59,000 $60,000. The motion is seconded by Councilmember Marissa Barrett. The motion was approvedunanimously (40 vote; Mayor Pro Tem Gary Bilyeu absent). 13.PSA KSA Water and Wastewater Master Plan UpdateConsider, Discuss And Possibly Act To Approve A Professional Services Agreement With KSAEngineers, Inc. For Water and Wastewater Master Plan Update In The Amount Of $41,000.00,And Authorize Mayor To Execute Agreement.City Engineer Tracy LaPiene gave a summary to Council. He stated the city had contracted withPerkins Engineering to do a study a few years back. This study was never brought forward to theCity Council to be ratified. Also, he observed that many of the recommendations have sense beencompleted. City Engineer Tracy went over the information in the packet.Councilmember Marissa Barrett made a motion to approve a professional service agreement withKSAEngineers,Inc.for water and wastewater master plan update in the amount of $41,000 andauthorizetheMayorThomasMuirtoexecutetheagreement.Councilmember Dennis Dillonseconded the motion. Motion passed unanimously (40 vote; Mayor Pro Tem Gary Bilyeu absent.14.Public Hearing for Fiscal Year 20202021 BudgetConduct a Public Hearing for the Proposed Budget for the City of Sanger for Fiscal Year 20202021.Mayor Thomas Muir Opened the Public Hearing at 9:03 PM. No one came forward wishing to speak.Mayor Thomas Muir Closed the Public Hearing at 9:04 PM.15.Public Hearing for Proposed Tax RateConduct a Public Hearing on a Proposal to Increase Total Tax Revenues From Properties on theTax Roll in the Preceding Year by 9% with the Proposed Tax Rate $0.6791 per $100 of AssessedValuation. (Tax Rate is Proposed to Remain the Same as the Preceding Year's Tax Rate of $0.6791per $100 of Assessed Valuation).Mayor Thomas Muir Opened the Public Hearing at 9:08 PM.Mayor Thomas Muir explains the tax rate is staying the same because Sanger is growing and theproperty valuations are increasing, so our total tax revenues so the tax is staying the same.After this explanation, no one came forward wishing to speak.Mayor Thomas Muir Closed the Public Hearing at 9:09 PM.16.Resolution #091220 Changing Bank SignatoriesApproval of Resolution #091220 Authorizing a Change of Authorized Bank SignatoriesDirectorofFinanceClaytonGrayspeakstothecouncilandexplainsthattheCityofSanger banks atbothFirstUnitedBankandProsperityBank,both banks require two signatures on checks which is theCity Manager Alina Ciocan and City Secretary Cheryl Price. With staff changes this resolution will changethosesignatoriestoInterimCityManagerJerianaStantonandMayorThomasMuir.Councilmember Marissa Barrett made a motion to approve of resolution #09 12 20 authorizing achange of authorized bank signatories.Councilmember David Clark seconded the motion.Motion passed unanimously (40 vote; Mayor Pro Tem Gary Bilyeu absent).17.City Manager PositionConsider, Discuss and Act on The Recruitment Process And Collateral Materials For The CityManager Position.Mayor Thomas Muir explained the update of the flyer.He said the first page did not contain manychangesother than a typo. He went over some of the updates and changes. Council discussed theaddition of making it a requirement for the City Manager to live within the Sanger area. The Mayordiscussed the last page and talked about the salary for the City Manager and stated it might need tobea point of discussion.Council went over the flyer and the requirements.Interim City Manager Jeriana Staton brought up apossible concern about the residency requirement and the affect it might have on getting someonehired and on board.Mayor Thomas Muir said he would prefer to leave it as a preference and saythiswould not be an immediate requirement so the City Manager could start as fast as possible.Wewillworkwithrelocatingthe City Manager in an appropriate time frame.Interim City Manager Jeriana Staton said she did speak with our IT service and said they would beabletosetituptowherewecouldreceiveapplications via a separate email.The Council had a little more discussion over the job description.Councilmember Marissa Barrett made a motion to approve staff to move forward with the discussededitsneededpriortopublishingtherecruitmentflyerforCityManagerposition.Councilmember David Clark seconded the motion. Motion passed unanimously (40 vote; MayorPro Tem Gary Bilyeu absent).18.INFORMATION ITEMS:Mayor Thomas Muir went over the information items that were included in the packets. a.Capital Projects Recap September 2, 2020b.DisbursementsDisbursements for August 2020c.Atmos Energy Rate TariffsUpdate on Atmos Energy Corporation's Rate Tariffs.d.Atmos Rider GCRAtmos Rider GCR Rate Filing Under Docket No. 10170e.Monthly Financial Reports June & July 2020Attached are financial reports for both June and July 2020. The format has changed slightly fromprevious reports. Since the Internal Service Fund was established years ago, that fund'sexpenditures have been presented on the report as "Administration" in the General and EnterpriseFund. The revised format now includes the Internal Service Fund reported separately, so detail for thosedepartments (Administration, Engineering, Finance, etc) are seen in detail. Attached are financial reports for both June and July 2020. The format had changed slightly fromprevious reports. Since the Internal Service Fund was established years ago, that fund's expenditureshad been presented on the report as "Administration" in the General and Enterprise Fund.The revised format now included the Internal Service Fund reported separately, so detail for thosedepartments (Administration, Engineering, Finance, etc.) are seen in detail.19.FUTURE AGENDA ITEMS:Councilmember David Clark brought up reviewing and updating the land use table.20.ADJOURN. There being no further items for discussion Mayor Thomas Muir adjourned the meeting at 9:28 p.m. Page 8Page 11 CITY COUNCIL AGENDA MEMO AGENDA ITEM NO. 5. AGENDA MEETING DATE: October 5, 2020 TO: Alina Ciocan, City Manager FROM: Tracy LaPiene, City Engineer ITEM/CAPTION: PSA Plummer Water RRA & ERP Consider, Discuss And Possibly Act To Approve A Professional Services Agreement With Plummer Associates, Inc. For Water System Risk and Resilience Assessment and Emergency Response Plan Assistance In The Amount Of $20,000.00, And Authorize Mayor To Execute Agreement. AGENDA TYPE: Regular ACTION REQUESTED: Approval BACKGROUND: In October 2018, Congress passed America’s Water Infrastructure Act (AWIA, or the Act). This Act requires community water systems (CWSs) serving more than 3,300 people to conduct a Risk and Resilience Assessment (RRA), update Emergency Response Plans (ERPs) and to send the United States Environmental Protection Agency (EPA) certifications of their completion. The RRA and ERP will be required to be updated every 5 years. LEGAL/BOARD COMMISSION RECOMMENDATIONS/CITIZEN NOTICE FEEDBACK: Agreement has same format as previous legal reviewed agreements with Plummer Associates. FINANCIAL SUMMARY FUNDING/FISCAL IMPACT: $20.000.00 FUNDS: Public Works Professional Services Budget From Enterprise Fund. Page 12 CITY COUNCIL AGENDA MEMOAGENDA ITEM NO. 5.AGENDA MEETING DATE: October 5, 2020TO: Alina Ciocan, City ManagerFROM: Tracy LaPiene, City EngineerITEM/CAPTION:PSA Plummer Water RRA & ERPConsider, Discuss And Possibly Act To Approve A Professional Services Agreement With Plummer Associates, Inc.For Water System Risk and Resilience Assessment and Emergency Response Plan Assistance In The Amount Of$20,000.00, And Authorize Mayor To Execute Agreement.AGENDA TYPE: RegularACTION REQUESTED: Approval BACKGROUND:In October 2018, Congress passed America’s Water Infrastructure Act (AWIA, or the Act). This Act requirescommunity water systems (CWSs) serving more than 3,300 people to conduct a Risk and Resilience Assessment(RRA), update Emergency Response Plans (ERPs) and to send the United States Environmental Protection Agency(EPA) certifications of their completion.The RRA and ERP will be required to be updated every 5 years.LEGAL/BOARD COMMISSION RECOMMENDATIONS/CITIZEN NOTICE FEEDBACK:Agreement has same format as previous legal reviewed agreements with Plummer Associates.FINANCIAL SUMMARY FUNDING/FISCAL IMPACT:$20.000.00FUNDS:Public Works Professional Services Budget From Enterprise Fund. STAFF RECOMMENDATION/ACTION DESIRED: Approve A Professional Services Agreement With Plummer Associates, Inc. For Water System Risk and Resilience Assessment and Emergency Response Plan Assistance In The Amount Of $20,000.00, And Authorize Mayor To Execute Agreement. ATTACHMENTS: Description Upload Date Type PSA Plummer RRA & ERP 9/9/2020 Exhibit EPA Brochure 9/9/2020 Exhibit Page 13 Agreement for Professional Services Project No. 2020-321-00 1 – 5 Plummer Associates, Inc. ALAN PLUMMER ASSOCIATES, INC. AGREEMENT FOR ENGINEERING SERVICES Project No. 2020-321-00 THIS AGREEMENT is made and entered into as of the __________________ day of _______________, 2020, by and between the City of Sanger, Texas, (hereinafter called "Owner”) and the firm of PLUMMER ASSOCIATES, INC., a Texas Corporation with its corporate office at 1320 South University, Suite 300, Fort Worth, Tarrant County, Texas, (hereinafter called "Engineer"). OWNER INFORMATION Name: City of Sanger Contact: Tracy A. LaPiene, P.E Billing Address: P.O. Box 1729 Title: City Engineer Sanger, TX 76266 Telephone: (940) 458-2059 NOW, THEREFORE, in consideration of the premises and mutual covenants contained herein, Owner and Engineer agree as follows: SCOPE OF SERVICE: Owner requests and authorizes Engineer to perform BASIC ENGINEERING SERVICES to conduct a Water System Risk and Resilience Assessment and provide Emergency Response Plan Assistance and as further described in Exhibit A, " Scope of Services," and hereinafter called the Project as set forth in this Agreement. GENERAL TERMS AND CONDITIONS: 1. Authorization to Proceed Execution of this Agreement by the Owner will be authorization for PLUMMER ASSOCIATES, INC. ("Engineer") to proceed with the work, unless otherwise provided for in this Agreement. 2. Salary Costs Engineer’s Salary Costs, when the basis of compensation, are the amount of wages or salaries paid Engineer's employees for work directly performed on Owner's Project plus a percentage applied to all such wages or salaries to cover all payroll-related taxes, payments, premiums, and benefits. 3. Per Diem Rates Engineer's Per Diem Rates, when the basis of compensation, are those hourly or daily rates charged for work performed on Owner's Project by Engineer's employees of the indicated classifications. These rates are subject to Page 14 Agreement for Professional Services Project No. 2020-321-00 2 – 5 Plummer Associates, Inc. annual calendar year adjustments and include all allowances for salary, overheads, and fee, but do not include allowances for Direct Expenses. 4. Direct Expenses Engineer's Direct Expenses, when part of the basis of compensation, are those costs incurred on or directly for the Owner's Project, including, but not limited to, necessary transportation costs, including Engineer's current rates for Engineer's vehicles; meals and lodging; laboratory tests and analyses; computer services; word processing services, telephone, printing, binding, and reproduction charges; all costs associated with outside consultants, subconsultants, subcontractors, and other outside services and facilities; and other similar costs. Reimbursement for Direct Expenses will be on the basis of actual charges when furnished by commercial sources and on the basis of current rates when furnished by Engineer. 5. Cost Opinions Any cost opinions or Project economic evaluations provided by Engineer will be on a basis of experience and judgment; but, since it has no control over market conditions or bidding procedures, Engineer cannot warrant that bids, ultimate construction cost, or Project economics will not vary from these opinions. 6. Termination This Agreement may be terminated for convenience upon 30 days' written notice by either party with or without cause. On termination, Engineer will be paid for all work performed up to the date of notification. If no notice of termination is given and termination is not for cause, relationships and obligations created by this Agreement, except Articles 8 through 15, will be terminated upon completion of all applicable requirements of this Agreement. 7. Compensation Owner shall pay Engineer for Basic Services and Additional Services rendered in accordance with the provisions of Exhibit B. Monthly invoices will be issued by Engineer for all work performed under this Agreement. Invoices are due and payable on receipt. Interest at the rate of 1-1/2 percent per month, or that permitted by law if lesser, will be charged on all past-due amounts starting 30 days after date of invoice. Payments will first be credited to interest and then to principal. In the event of a disputed or contested billing, only that portion so contested will be withheld from payment, and the undisputed portion will be paid. The Owner will exercise reasonableness in contesting any bill or portion thereof. No interest will accrue on any contested portion of the billing until mutually resolved. 8. Insurance Engineer, as a minimum, shall maintain insurance of a form and in amounts as required by state law and as set forth in the attachment "Insurance and as set forth in Exhibit C, "Insurance”. Engineer shall provide proof of said insurance requirements by attaching a Certificate of Insurance with the executed Agreement. 9. Independent Consultant Engineer agrees to perform all services as an independent consultant and not as a subcontractor, agent or employee of the Owner. 10. Engineer's Personnel at the Project Site The presence or duties of the Engineer's personnel at the Project site, whether as on-site representatives or otherwise, do not make the Engineer or its personnel in any way responsible for those duties that belong to Owner Page 15 Agreement for Professional Services Project No. 2020-321-00 3 – 5 Plummer Associates, Inc. and/or to other contractors, subcontractors, or other entities, and do not relieve the other contractors, subcontractors, or other entities of their obligations, duties, and responsibilities, including, but not limited to, all methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the work of those parties in accordance with their contract requirements and any health or safety precautions required by such work. The Engineer and its personnel have no authority to exercise any control over any contractor, subcontractor, or other entity or their employees in connection with their work or any health or safety precautions and have no duty for inspecting, noting, observing, correcting, or reporting on health or safety deficiencies of any contractor, subcontractor, or other entity or any other persons at the Project site except Engineer's own personnel. Engineer neither guarantees the performance of any contractors, subcontractors or other entities nor assumes responsibility for their failure to perform their work in accordance with their contractual responsibilities. 11. Litigation Assistance Unless specifically set forth in the Scope of Services, the Scope of Services does not include costs of the Engineer for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation or administrative proceedings taken or defended by the Owner. 12. Venue In the event that any legal proceeding is brought to enforce this Agreement or any provision hereof, the same shall be brought in Denton County, Texas and shall be governed by the laws of the State of Texas. 13. Severability and Survival If any of the provisions contained in this Agreement are held illegal, invalid or unenforceable, the enforceability of the remaining provisions shall not be impaired thereby. Limitations of liability and indemnities shall survive termination of this Agreement for any cause. 14. Interpretation The limitations of liability and indemnities will apply whether Engineer's liability arises under breach of contract or warranty; tort, including negligence; strict liability; statutory liability; or any other cause of action, except for willful misconduct or gross negligence for limitations of liability and sole negligence for indemnification, and shall apply to Engineer's officers, affiliated corporation, employees and subcontractors. The law of the state of Texas shall govern the validity of this Agreement, its interpretation and performance, and any other claims related to it. 15. No Third Party Beneficiaries This Agreement gives no rights or benefits to anyone other than the Owner and Engineer and has no third party beneficiaries. The Owner will include a provision in each agreement which Owner enters into with any other entity or person that such entity or person shall have no third-party beneficiary rights under this Agreement. Engineer’s services are defined solely by this Agreement, and not by any other contract or Agreement that may be associated with the Project. 16. Indemnity and Liability To the fullest extent permitted by law, Engineer shall indemnify and hold harmless Owner and their officers, directors, members, partners, agents, consultants, and employees from reasonable claims, costs, losses, and damages arising out of Engineer's negligent act or omission of Engineer, its consultants, or their officers, directors, members, partners, agents, or employees on services performed under this Agreement provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom. It is Page 16 Agreement for Professional Services Project No. 2020-321-00 4 – 5 Plummer Associates, Inc. specifically understood and agreed that in no case shall the Engineer be required to pay an amount disproportional to Engineer's culpability, or any share of any amount levied to recognize more than actual economic damages Engineer will strive to perform services under this Agreement in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing similar work in the same locality under similar conditions during the same time. Engineer makes no warranties, express or implied, under this Agreement or otherwise, in connection with any services performed or furnished by Engineer. Engineer's services shall be governed by the negligence standard for professional services, measured as of the time those services are performed. The Owner’s review, approval, or acceptance of, or payment for, any of these services shall not be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performances of this Agreement, and the Engineer shall be and remain liable in accordance with applicable law for all damages to the Owner caused by Engineer’s omissions or negligent performance of any of the services furnished under this Agreement. To the maximum extent permitted by law, Engineer's liability for Owner damages for any cause or combination of causes will, in the aggregate, not exceed the limits of the Engineer’s professional liability insurance coverage. As used herein, Engineer includes the corporation, subcontractors, and any of its or their officers, or employees. As between the Owner and the Engineer, any contract claim must be brought within four years from the day following the act or omission giving rise to the breach of contract claim. 17. Documents and Notices Contract documents, reports, plans, specifications, memorandums, or other delivered documents (furthermore known as Documents), in printed paper format (also known as hard copies) prepared or furnished by Engineer, pursuant to this Agreement are instruments of service but shall become the property of the Owner subject to Engineer’s receipt of full payment for all services relating to preparation of the Documents. Engineer shall have the right to retain copies of Documents for information and reference. Signed and sealed printed form documents and plans shall be deemed superior and shall govern over same electronic format documents. Contracted notices required by this Agreement shall be made in writing and shall be delivered by: a. person; b. overnight courier with written verification of receipt; c. electronic communication; or d. certified mail, return receipt requested. 18. Assignment Neither Party will assign all or any part of this Agreement without prior written consent to the other party. Exhibit A – Scope of Services Exhibit B – Compensation Exhibit C – Insurance By execution of this Agreement, Owner authorizes Engineer to provide Basic Services for the Project in accordance with Exhibit A, "Scope of Services." Services covered by this Agreement will be performed in accordance with the Provisions attached to this form and any other attachments or schedules. This Agreement supersedes all prior Agreements and understandings and may only be changed by written amendment executed by both parties. Page 17 Agreement for Professional Services Project No. 2020-321-00 5 – 5 Plummer Associates, Inc. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the day and year first written above. Owner: Alan Plummer Associates, Inc.: By By Title Title Date Date Page 18 Agreement for Professional Services Project No. 2020-321-00 A - 1 Plummer Associates, Inc. Exhibit A Scope of Services Water System Risk and Resilience Assessment and Emergency Response Plan Assistance 1.0 BACKGROUND In October 2018, Congress passed America’s Water Infrastructure Act (AWIA, or the Act). This Act requires community water systems (CWSs) serving more than 3,300 people to conduct a Risk and Resilience Assessment (RRA), update Emergency Response Plans (ERPs) and to send the United States Environmental Protection Agency (EPA) certifications of their completion according to the schedule presented in Table 1. Table 1: AWIA Requirements and Certification Deadlines by CWS Size Population Served Certification Deadlines Risk and Resilience Assessment Emergency Response Plan* ≥100,000 March 31, 2020 September 30, 2020 50,000-99,999 December 31, 2020 June 30, 2021 3,301-49,999 June 30, 2021 December 30, 2021 *ERP certifications are due as soon as possible and no later than 6 months from the date of the risk assessment certification to EPA. The ERP dates shown are certification dates based on a utility submitting a risk assessment on the final due date. The EPA determines each entity’s population from the value entered in the Safe Drinking Water Information System (SDWIS) in the fourth quarter of 2018. According to this database, the City of Sanger (Sanger) served 7,216 people at the end of 2018. Therefore, the City’s RRA must be certified by June 30, 2021. The ERP must be updated no later than 6 months after certification of the RRA. The City requested that Plummer submit a scope or services for developing an RRA and ERP for the City that complies with the AWIA requirements. 2.0 PROJECT APPROACH The project will consist of two major phases: the Risk and Resiliency Assessment (RRA) due by June 30th, 2021 and the Emergency Response Plan (ERP) due within six months after completion of the RRA. To the extent that City staff has availability, Plummer will involve City staff throughout Page 19 Agreement for Professional Services Project No. 2020-321-00 A - 2 Plummer Associates, Inc. the development of both the RRA and ERP so that the City is able to review and revise both documents when they are due again in five years. 3.0 RISK AND RESILIENCE ASSESSMENT As the primary entity providing water distribution services to approximately 7,000 customers, the City must continuously manage and mitigate a host of asset and non-asset or enterprise (business) risks. The AWIA legislation requires the City to evaluate the risk and resilience of the following water system categories:  Constructed conveyances,  Physical barriers,  Source water,  Water collection and intake,  Pretreatment and treatment,  Storage and distribution facilities,  Electronic, computer, or other automated systems, and  Financial infrastructure of the system. The EPA has simplified the requirements for community water systems that provide water to less than 50,000 people. In May 2020, the EPA released a guidance document for small community water systems that serve less than 50,000 people to complete a RRA. The guidance document is a checklist of the water system asset categories with associated threats, both malevolent and natural hazards. Plummer will meet with the City to inventory the water assets owned and operated by the City and to discuss the known vulnerabilities and risks associated with the assets. Plummer will then perform onsite assessments of above ground water assets to further evaluate their vulnerabilities. Additionally, Plummer will interview City staff familiar with the water billing system and information technology practices and security. After interviewing City staff and conducting the onsite assessments of above ground water assets, Plummer will prepare a RRA using the checklist developed by the EPA. After completing the RRA, Plummer will suggest high-level mitigation strategies for improving water system resilience based on industry best practices. These may include additional redundancy, changes in practices, and training. The strategies will identify what is currently in place and what is needed to mitigate or prevent the risk. Recommendations will include estimated cost. Plummer will assist the City with completing the certification document required to be submitted to the EPA. Page 20 Agreement for Professional Services Project No. 2020-321-00 A - 3 Plummer Associates, Inc. 4.0 EMERGENCY RESPONSE PLAN After submitting the RRA, Plummer will begin drafting the ERP by first reviewing any emergency plans currently in place for the City. The EPA has developed an ERP template specifically for meeting the new AWIA requirements. Plummer will conduct interviews with City staff to gain information regarding the status of emergency procedures and resources currently in place. After obtaining comments from the various City departments, Plummer will draft an ERP that will meet the new AWIA requirements. 5.0 SCHEDULE Plummer will complete the RRA prior to the June 30, 2021 deadline. The ERP will be completed within 6 months of certifying the RRA. Page 21 Agreement for Professional Services Project No. 2020-321-00 B - 1 Plummer Associates, Inc. Exhibit B Compensation 1. Basic Services of Engineer Owner shall pay Engineer for Basic Services of Engineer rendered for “Scope of Services” as provided in this agreement. Fees shall be paid per Article 7 of the General Terms and Conditions. Compensation for the following Services actually completed shall be paid on a lump sum basis: Description Lump Sum Amount I. Risk and Resilience Assessment $ 13,000.00 II. Emergency Response Plan $ 7,000.00 TOTAL LUMP SUM AMOUNT $ 20,000.00 2. Additional Services of Engineer When Additional Services are authorized by the Owner, Owner shall pay Engineer for Additional Services as provided in this agreement. Fees shall be paid per Article 7 of the General Terms and Conditions. Compensation for Additional Services will be in an amount agreeable to the Owner and Engineer and will be based on the Scope of Services presented to the Owner. Payment to the Engineer will be in accordance with work actually completed and shall be paid on a cost reimbursable basis. Cost reimbursable compensation shall be based on Engineer’s personnel time at Engineer’s hourly labor rates attached hereto as Table B -1 Hourly Rate Schedule for Professional Services. All direct expenses, including mileage, travel and lodging expenses, but excluding subcontract expenses, applied to the Additional Services of Engineer, shall be paid at invoice or internal office cost plus a fifteen percent (15%) service charge. Subcontract expenses shall be paid at direct cost plus a fifteen percent (15%) service charge. All sales, use, value added, business transfer, gross receipts, or other similar taxes will be added to Engineer's compensation when invoicing Owner. 3. Definitions Direct Labor Cost: Salaries and wages paid to Engineer's personnel engaged directly on the Project, but do not include indirect costs, insurance costs, fringe benefits, overhead or profit. Direct Labor Cost is subject to annual calendar year adjustments. Hourly Labor Rates: Direct Labor Cost plus a percentage applied to all such wages or salaries to cover payroll taxes, insurance premiums, benefits and all other overhead or profit. Direct Expenses: All expenses incurred directly by the Engineer. These may include transportation costs, travel, meals, lodging, laboratory testing and analyses, telecommunication, computer services, document reproduction and processing, all direct expenses associated with outside consultants, and any other direct expense incurred by the Engineer. Page 22 Agreement for Professional Services Project No. 2020-321-00 B - 2 Plummer Associates, Inc. TABLE B-1 HOURLY FEE SCHEDULE 2020 Staff Description Staff Code 2020 Rate Admin Staff A1 –A2 $ 90.00 Admin Staff III A3 $ 93.00 Senior Admin Staff A4 $ 120.00 Designer/Technician C1-C2 $ 90.00 Designer/Technician III C3 $ 115.00 Senior Designer/Technician C4 $ 130.00 Construction Manager in Training (CMIT)CM1 $ 90.00 Construction Manager in Training II CM2 $ 105.00 Construction Manager in Training III CM3 $ 135.00 Construction Manager IV CM4 $ 145.00 Construction Manager V CM5 $ 165.00 Construction Manager CM6 $ 180.00 Senior Construction Manager CM7 $ 240.00 Principal Construction Manager CM8 $ 260.00 Resident Project Rep. I RR1 $ 80.00 Resident Project Rep. II RR2 $ 110.00 Resident Project Rep. III RR3 $ 130.00 Lead Resident Project Rep. RR4 $ 135.00 Field Tech I LS1 $ 75.00 Field Tech II LS2 $ 95.00 Survey Specialist I LS3 $ 105.00 Survey Specialist II LS4 $ 115.00 Survey Analyst LS5 $ 135.00 Chief of Parties LS6 $ 150.00 Engineer/Scientist Intern ES0 $ 60.00 Engineer-in-Training/Scientist-in-Training ES1 $ 115.00 Engineer-in-Training/Scientist-in-Training II ES2 $ 120.00 Engineer-in-Training/Scientist-in-Training III ES3 $ 125.00 Project Engineer/Scientist ES4 $ 145.00 Senior Project Engineer/Scientist ES5 $ 175.00 Project Manager ES6 $ 200.00 Senior Project Manager ES7 $ 240.00 Electrical Engineer in Training I EE1 $ 95.00 Electrical Engineer in Training II EE2 $ 120.00 Electrical Engineer in Training III EE3 $ 125.00 Electrical Specialist EE4 $ 145.00 Programmer EE5 $125.00 Programmer II EE6 $ 150.00 Senior Electrical Engineer EE7 $ 280.00 Principal ES8 - ES9 $ 305.00 Billing rates may be adjusted by up to 4 percent annually (at the beginning of each calendar year) during the term of this agreement. A multiplier of 1.15 will be applied to all direct expenses A technology charge will be billed at $5 per labor hour. Page 23 Agreement for Professional Services Project No. 2020-321-00 C - 1 Plummer Associates, Inc. Exhibit C Insurance Engineer shall maintain the following minimum insurance for the duration of the Project: I. Workers Compensation and Employer’s Liability: Workers Compensation: Statutory Limits Employer’s Liability: Bodily Injury by Accident $ 1,000,000 Each Accident Bodily Injury by Disease $ 1,000,000 Each Employee Bodily Injury by Disease $ 1,000,000 Policy Limit Required Endorsements: Notice of Cancellation – as required by Section 6 below. Waiver of Subrogation – as required by Section 7 below. II. General Liability; Products - Completed Operations Coverage and Contractual Liability: General Each Occurrence: $ 1,000,000 General Aggregate: $ 2,000,000 Personal and Advertising Injury: $ 1,000,000 Products – Comp/Op Aggregate: $ 2,000,000 Required Endorsements: Additional Insured: Additional insured status shall be provided in favor of the Owner Parties on ISO forms CG 20 10, CG 2026 or an equivalent approved by the Owner Primary and Non-Contributing Liability: It is the intent of the parties to this Contract that all insurance coverage required herein shall be primary to and shall seek no contribution from all insurance available to Owner Parties, with Owner Parties’ insurance being excess, secondary and non-contributing. This CGL coverage shall be endorsed to provide such primary and non- contributing liability coverage. Notice of Cancellation – as required by Section 6 below. Waiver of Subrogation – as required by Section 7 below. III. Umbrella Liability: Umbrella Each Occurrence: $ 4,000,000 Umbrella Aggregate: $ 4,000,000 Required Endorsements: Notice of Cancellation – as required by Section 6 below. Waiver of Subrogation – as required by Section 7 below. Page 24 Agreement for Professional Services Project No. 2020-321-00 C - 2 Plummer Associates, Inc. IV. Automobile Liability: Owned, Hired, and Non-Owned Vehicles: Combined Single Limit: $ 1,000,000 Each Accident Required Endorsements: Notice of Cancellation – as required by Section 6 below. Waiver of Subrogation – as required by Section 7 below. V. Professional Liability: Professional Liability Limit: $ 2,000,000 Per Claim/Annual Aggregate VI. Notice of Cancellation or Reduction by Endorsement in Coverage: In the event of cancellation or reduction by endorsement in coverage or a non-renewal affecting the Owner, thirty (30) days prior written notice shall be given to the certificate holder. VII. Waiver of Subrogation: Engineer hereby agrees to waive its rights of recovery from Owner with regard to all causes of property and/or liability loss and shall cause a waiver of subrogation endorsement to be provided in favor of the Owner on all insurance coverage carried by the Engineer, whether required or not (except Engineer’s professional liability insurance). VIII. Evidence of Insurance: Certificates of Insurance shall be attached hereto. Page 25 RISK AND RESILIENCE ASSESSMENTS AND EMERGENCY RESPONSE PLANS: NEW REQUIREMENTS FOR DRINKING WATER UTILITIES Section 2013 of America’s Water Infrastructure Act of 2018 (AWIA) requires community water systems1 that servemore than 3,300 people to complete a risk and resilience assessment and develop an emergency response plan. RISK AND RESILIENCE ASSESSMENTYour utility must conduct a risk and resilience assessment and submit certification of its completion to the U.S. EPA by the following dates: Im p o r t a n t Da t e s March 31, 2020 if serving ≥100,000 people.December 31, 2020 if serving 50,000 to 99,999 people.June 30, 2021 if serving 3,301 to 49,999 people. Re c e r t i f i c a t i o n Every five years, your utility must review the risk and resilience assessment and submit a recertification to the U.S. EPA that the assessment has been reviewed and, if necessary, revised.Visit the U.S. EPA website to find more information on guidance for developing a risk and resilience assessment at https://www.epa.gov/waterriskassessment/conduct-drinking-water-or-wastewater-utility-risk-assessment. EMERGENCY RESPONSE PLANYour utility must develop or update an emergency response plan and certify completion to the U.S. EPA no later than six months after risk and resilience assessment certification. Each utility deadline is unique; however, the dates below are the due dates for utilities who submit a risk and resilience assessment certification by the final due date according to the population served. September 30, 2020 if serving ≥100,000 people.June 30, 2021 if serving 50,000 to 99,999 people.December 30, 2021 if serving 3,301 to 49,999 people. Within six months of submitting the recertification for the risk and resilience assessment, your utility must certify it has reviewed and, if necessary, revised, its emergency response plan.Visit the U.S. EPA website for guidance on developing an Emergency Response Plan at https://www.epa.gov/waterutilityresponse/develop-or-update-drinking-water-or-wastewater-utility-emergency-response-plan. TOOLS OR METHODSAWIA does not require the use of any standards, methods or tools for the risk and resilience assessment or emergency response plan. Your utility is responsible for ensuring that the risk and resilience assessment and emergency response plan address all the criteria in AWIA Section 2013(a) and (b), respectively. The U.S. EPA recommends the use of standards, including AWWA J100-10 Risk and Resilience Management of Water and Wastewater Systems, along with tools from the U.S. EPA and other organizations, to facilitate sound risk and resilience assessments and emergency response plans. 1 Section 2013 of AWIA applies to community water systems. Community water systems are drinking water utilities that consistently serve at least 25 people or 15 service connections year-round. Still have questions about the new AWIA requirements? Contact the U.S. Environmental Protection Agency (U.S. EPA) at dwresiliencehelp@epa.gov. Office of Water (4608T)EPA-817-F-19-004April 2019 Page 26 FREQUENTLY ASKED QUESTIONSI need more information about risk and resilience assessments and emergency response plans:Risk and resilience assessments evaluate the vulnerabilities, threats and consequences from potential hazards. What does a risk and resilience assessment include? Natural hazards and malevolent acts (i.e., all hazards).Resilience of water facility infrastructure (including pipes, physical barriers, water sources and collection, treatment, storage and distribution, and electronic, computer and other automated systems).Monitoring practices.Financial systems (e.g., billing systems).Chemical storage and handling.Operation and maintenance. For more information, see www.congress.gov/bill/115th-congress/senate-bill. What does an emergency response plan include? Strategies and resources to improve resilience, including physical security and cybersecurity. Plans and procedures for responding to a natural hazard or malevolent act that threatens safe drinking water.Actions and equipment to lessen the impact of a malevolent act or natural hazard, including alternative water sources, relocating intakes and flood protection barriers.Strategies to detect malevolent acts or natural hazards that threaten the system.Who should I work with when creating my emergency response plan? Utilities must coordinate the risk and resilience assessments, as well as the emergency response plans with local emergency planning committees. I need more information on the certification process:What do I need to submit to the U.S. EPA?Each utility must submit a certification of your risk and resilience assessment and emergency response plan. Each submission must include: utility name, date and a statement that the utility has completed, reviewed or revised the assessment. The U.S. EPA has developed an optional certification template that can be used for email or mail certification. The optional certification form will be available in August 2019.Who can certify my risk and resilience assessment and emergency response plan?Risk and resilience assessments and emergency response plans can be self-certified by the utility. How do I submit my certification? Three options will be provided for submittal: regular mail, email and a user-friendly secure online portal. The online submission portal will provide drinking water systems with a receipt of submittal. The U.S. EPA recommends using this method. The certification system will be available in August 2019. When can I submit the initial certification? Utilities should wait to submit the initial certification to the U.S. EPA until the U.S. EPA publishes Baseline Information on Malevolent Acts Relevant to Community Water Systems,which is required under AWIA by August 2019. Do I need to submit my certification to my state or local government?No. Section 2013 of AWIA does not require utilities to submit the certification to state or local governments.How long do I need to keep a copy of my risk and resilience assessment and emergency response plan?Utilities need to keep a copy of both documents for five years after certification.What if I do not have a copy of my most recent risk and resilience assessment?The U.S. EPA intends to destroy vulnerability assessments (VAs) submitted in response to the Bioterrorism Act of 2002, but if utilities would like to have their VA and certification documents mailed to them, contact WSD-Outreach@epa.gov, and on utility letterhead, include the utility name, PWSID, address and point of contact as an attachment to the email. RESOURCES &TOOLSConducting a Risk and Resilience AssessmentThe U.S. EPA’s Risk and Resilience Baseline Threat Document (available August 2019). The U.S. EPA’s Vulnerability Self-Assessment. Developing an Emergency Response Plan Emergency Response Plan Guidance. The U.S. EPA’s Emergency Response Webpage. Local Emergency Planning Committees.The U.S. EPA Website https://www.epa.gov/waterresilience/americas-water-infrastructure-act-2018-risk-assessments-and-emergency-response-plans. Still have questions about the new AWIA requirements? Contact the U.S. Environmental Protection Agency (U.S. EPA) at dwresiliencehelp@epa.gov. Office of Water (4608T)EPA-817-F-19-004April 2019 Page 27 CITY COUNCIL AGENDA MEMO AGENDA ITEM NO. 6. AGENDA MEETING DATE: October 5, 2020 TO: Alina Ciocan, City Manager FROM: Tracy LaPiene, City Engineer ITEM/CAPTION: PSA Plummer WWTP Screen Consider, Discuss And Possibly Act To Approve A Professional Services Agreement With Plummer Associates, Inc. For Design, Bidding And Construction Administration Services For The Wastewater Treatment Plant Influent Screen Replacement In The Amount Of $35,000.00, And Authorize City Manager To Execute Agreement. AGENDA TYPE: Regular ACTION REQUESTED: Approval BACKGROUND: This Agreement will provide Professional Services for the improvements necessary to address replacement of the City’s mechanical fine screen at the wastewater treatment plant.The fine screen has been damaged by construction debris that has traveled through the sewer system to the plant.A heavier duty screen that is designed to withstand this type of debris will be designed for the replacement. LEGAL/BOARD COMMISSION RECOMMENDATIONS/CITIZEN NOTICE FEEDBACK: NA FINANCIAL SUMMARY FUNDING/FISCAL IMPACT: Basic Services not to exceed $30,000.00 Additional Services budget $5,000.00 FUNDS: Funded by Enterprise Capital Projects Fund. STAFF RECOMMENDATION/ACTION DESIRED: Page 28 CITY COUNCIL AGENDA MEMOAGENDA ITEM NO. 6.AGENDA MEETING DATE: October 5, 2020TO: Alina Ciocan, City ManagerFROM: Tracy LaPiene, City EngineerITEM/CAPTION:PSA Plummer WWTP ScreenConsider, Discuss And Possibly Act To Approve A Professional Services Agreement With Plummer Associates, Inc.For Design, Bidding And Construction Administration Services For The Wastewater Treatment Plant Influent ScreenReplacement In The Amount Of $35,000.00, And Authorize City Manager To Execute Agreement.AGENDA TYPE: RegularACTION REQUESTED: Approval BACKGROUND:This Agreement will provide Professional Services for the improvements necessary to address replacement of the City’smechanical fine screen at the wastewater treatment plant.The fine screen has been damaged by construction debristhat has traveled through the sewer system to the plant.A heavier duty screen that is designed to withstand this type ofdebris will be designed for the replacement.LEGAL/BOARD COMMISSION RECOMMENDATIONS/CITIZEN NOTICE FEEDBACK:NAFINANCIAL SUMMARY FUNDING/FISCAL IMPACT:Basic Services not to exceed $30,000.00Additional Services budget $5,000.00FUNDS:Funded by Enterprise Capital Projects Fund. STAFF RECOMMENDATION/ACTION DESIRED: Approve A Professional Services Agreement With Plummer Associates, Inc. For Design, Bidding And Construction Administration Services For The Wastewater Treatment Plant Influent Screen Replacement In The Amount Of $35,000.00, And Authorize City Manager To Execute Agreement. ATTACHMENTS: Description Upload Date Type PSA Plummer WWTP Screen Engineering Memo 6/29/2020 Cover Memo PSA Plummer WWTP Screen 6/29/2020 Exhibit Photos 6/29/2020 Exhibit Page 29 ENGINEERING 940.458.2059 | 201 Bolivar St. |PO Box 1729 | Sanger, TX 76226 | www.sangertexas.org facebook.com/SangerTexas @CityofSanger Memorandum To: City Council From: Tracy A. LaPiene, P.E., C.F.M., City Engineer Date: 06/29/2020 Re: PSA Plummer Associates, Inc. Wastewater Treatment Plant Screen Replacement The fine intake screen at the wastewater treatment plant had been damaged repeatedly by debris that has travelled through the sewer system to the plant resulting in needed repairs. Repair of the damaged system may cost more than 50% of a new screen system in materials, and would not prevent future damages. The source of incoming debris is not readily apparent and not easily preventable from entering the raw wastewater intake. As the existing system is not designed to handle the size of debris encountered in the wastewater system, and evaluating the costs to the repair of the existing system as well as the future costs of repair, the Public Works Department and Plummer Associates believes it is most cost effective in the long term to replace the existing screen system with a heavier duty screen that is designed to withstand this type of debris . This debris entering the wastewater flow was not anticipated and as such was not included in the design of the wastewater treatment plant rehabilitation project. The anticipated cost for the installation of the new screen will be approximately $225,000.00. The construction of the screen replacement will need to be competitively bid. Plummer Associates has provided a n agreement and scope of services for professional engineering services associated with the improvements necessary to address replacement of the City’s mechanical fine screen at the wastewater treatment plant. These services shall include but not limited to engineering, bidding, construction administration and inspection services . The agreement for Professional Services with Plummer Associates Inc. has Basic Services not to exceed $30,000.00 and Additional Services with a budgetary limit of $5,000.00. This project shall be funded through the Enterprise Fund. Page 30 Agreement for Professional Services Plummer Project No. 2020-239-00 1 – 13 Plummer Associates, Inc. PLUMMER ASSOCIATES, INC. AGREEMENT FOR ENGINEERING SERVICES Project No. 2020-239-00 THIS AGREEMENT is made and entered into as of the __________________ day of _______________, 2020, by and between the City of Sanger, Texas, (hereinafter called "Owner”) and the firm of PLUMMER ASSOCIATES, INC., a Texas Corporation with its corporate office at 1320 South University, Suite 300, Fort Worth, Tarrant County, Texas, (hereinafter called "Engineer"). OWNER INFORMATION Name: City of Sanger Contact: Tracy A. LaPiene, P.E. Billing Address: P.O. Box 1729 Title: City Engineer Sanger, TX 76266 Telephone: (940) 458-2059 NOW, THEREFORE, in consideration of the premises and mutual covenants contained herein, Owner and Engineer agree as follows: SCOPE OF SERVICE: Owner requests and authorizes Engineer to perform BASIC ENGINEERING SERVICES to and as further described in Exhibit A, " Scope of Services," and hereinafter called the Project as set forth in this Agreement. GENERAL TERMS AND CONDITIONS: 1. Authorization to Proceed Execution of this Agreement by the Owner will be authorization for PLUMMER ASSOCIATES, INC. ("Engineer") to proceed with the work, unless otherwise provided for in this Agreement. 2. Salary Costs Engineer’s Salary Costs, when the basis of compensation, are the amount of wages or salaries paid Engineer's employees for work directly performed on Owner's Project plus a percentage applied to all such wages or salaries to cover all payroll-related taxes, payments, premiums, and benefits. 3. Per Diem Rates Engineer's Per Diem Rates, when the basis of compensation, are t hose hourly or daily rates charged for work performed on Owner's Project by Engineer's employees of the indicated classifications. These rates are subject to annual calendar year adjustments and include all allowances for salary, overheads, and fee, but do not include allowances for Direct Expenses. Page 31 Agreement for Professional Services Plummer Project No. 2020-239-00 2 – 13 Plummer Associates, Inc. 4. Direct Expenses Engineer's Direct Expenses, when part of the basis of compensation, are those costs incurred on or directly for the Owner's Project, including, but not limited to, necessary transportation costs, including Engineer's current rates for Engineer's vehicles; meals and lodging; laboratory tests and analyses; computer services; word processing services, telephone, printing, binding, and reproduction charges; all costs associated with outside consult ants, subconsultants, subcontractors, and other outside services and facilities; and other similar costs. Reimbursement for Direct Expenses will be on the basis of actual charges when furnished by commercial sources and on the basis of current rates when furnished by Engineer. 5. Cost Opinions Any cost opinions or Project economic evaluations provided by Engineer will be on a basis of experience and judgment; but, since it has no control over market conditions or bidding procedures, Engineer cannot warrant that bids, ultimate construction cost, or Project economics will not vary from these opinions. 6. Termination This Agreement may be terminated for convenience upon 30 days' written notice by either party with or without cause. On termination, Engineer will be paid for all work performed up to the date of notification. If no notice of termination is given and termination is not for cause, relationshi ps and obligations created by this Agreement, except Articles 8 through 15, will be terminated upon completion of all applicable requirements of this Agreement. 7. Compensation Owner shall pay Engineer for Basic Services and Additional Services rendered in accordance with the provisions of Exhibit B. Monthly invoices will be issued by Engineer for all work performed under this Agreement. Invoices are due and payable on receipt. Interest at the rate of 1 -1/2 percent per month, or that permitted by law if lesser, will be charged on all past-due amounts starting 30 days after date of invoice. Payments will first be credited to interest and then to principal. In the event of a disputed or contested billing, only that portion so contested will be withheld from payment, and the undisputed portion will be paid. The Owner will exercise reasonableness in contesting any bill or portion thereof. No interest will accrue on any contested portion of the billing until mutually resolved. 8. Insurance Engineer, as a minimum, shall maintain insurance of a form and in amounts as required by state law and as set forth in the attachment "Insurance and as set forth in Exhibit C, "Insurance”. Engineer shall provide proof of said insurance requirements by attaching a Certificate of Insurance with the executed Agreement. 9. Independent Consultant Engineer agrees to perform all services as an independent consultant and not as a subcontractor, agent or employee of the Owner. 10. Engineer's Personnel at the Project Site The presence or duties of the Engineer's personnel at the Project site, whether as on-site representatives or otherwise, do not make the Engineer or its personnel in any way responsible for those duties that belong to Owner and/or to other contractors, subcontractors, or other entities, and do not relieve the other contractors, subcontractors, or other entities of their obligations, duties, and responsibilities, including, but not limited to, all methods, means, techniques, sequences, and procedures necessary for coordin ating and completing all portions Page 32 Agreement for Professional Services Plummer Project No. 2020-239-00 3 – 13 Plummer Associates, Inc. of the work of those parties in accordance with their contract requirements and any health or safety precautions required by such work. The Engineer and its personnel have no authority to exercise any control over any contractor, subcontractor, or other entity or their employees in connection with their work or any health or safety precautions and have no duty for inspecting, noting, observing, correcting, or reporting on health or safety deficiencies of any contractor, subcontractor, or other entity or any other persons at the Project site except Engineer's own personnel. Engineer neither guarantees the performance of any contractors, subcontractors or other entities nor assumes responsibility for their failure to perform their work in accordance with their contractual responsibilities. 11. Litigation Assistance Unless specifically set forth in the Scope of Services, the Scope of Services does not include costs of the Engineer for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation or administrative proceedings taken or defended by the Owner. 12. Venue In the event that any legal proceeding is brought to enforce this Agreement or any provision hereof, the same shall be brought in Denton County, Texas, and shall be governed by the laws of the State of Texas. 13. Severability and Survival If any of the provisions contained in this Agreement are held illegal, invalid or unenforceable, the enforceability of the remaining provisions shall not be impaired thereby. Limitations of liability and indemnities shall survive termination of this Agreement for any cause. 14. Interpretation The limitations of liability and indemnities will apply whether Engineer's liability arises under breach of contract or warranty; tort, including negligence; strict liability; statutory liability; or a ny other cause of action, except for willful misconduct or gross negligence for limitations of liability and sole negligence for indemnification, a nd shall apply to Engineer's officers, affiliated corporation, employees and subcontractors. The law of the state of Texas shall govern the validity of this Agreement, its interpretation and performance, and any other claims related to it. 15. No Third Party Beneficiaries This Agreement gives no rights or benefits to anyone other than the Owner and Engineer and has no third party beneficiaries. The Owner will include a provision in each agreement which Owner enters into with any other entity or person that such entity or person shall have no third-party beneficiary rights under this Agreement. Engineer’s services are defined solely by this Agreement, and not by any other contract or Agreement that may be associated with the Project. 16. Indemnity and Liability To the fullest extent permitted by law, Engineer shall indemnify and hold harmless Owner and their of ficers, directors, members, partners, agents, consultants, and employees from reasonable claims, costs, losses, and damages arising out of Engineer's negligent act or omission of Engineer, its consultants, or their officers, directors, members, partners, agents, or employees on services performed under this Agreement provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom. It is specifically understood and agreed that in no case shall the Engineer be required to pay an amount disproportional to Engineer's culpability, or any share of any amount levied to recognize more tha n actual economic damages Page 33 Agreement for Professional Services Plummer Project No. 2020-239-00 4 – 13 Plummer Associates, Inc. Engineer will strive to perform services under this Agreement in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing similar work in the same locality under similar conditions during the same time. Engineer makes no warranties, express or implied, under this Agreement or otherwise, in connection with any services performed or furnished by Engineer. Engineer's services shall be governed by the negligence standard for professional services, measured as of the time those services are performed. The Owner’s review, approval, or acceptance of, or payment for, any of these services shall not be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performances of this Agreement, and the Engineer shall be and remain liable in accordance with applicable law for all damages to the Owner caused by Engineer’s omissions or negligent performance of any of the servic es furnished under this Agreement. To the maximum extent permitted by law, Engineer's liability for Owner damages for any cause or combination of causes will, in the aggregate, not exceed the limits of the Engineer’s professional liability insurance covera ge. As used herein, Engineer includes the corporation, subcontractors, and any of its or their officers, or employees. As between the Owner and the Engineer, any contract claim must be brought within four years from the day following the act or omission giving rise to the breach of contract claim. 17. Documents and Notices Contract documents, reports, plans, specifications, memorandums, or other de livered documents (furthermore known as Documents), in printed paper format (also known as hard copies) prepar ed or furnished by Engineer, pursuant to this Agreement are instruments of service but shall become the property of the Owner subject to Engineer’s receipt of full payment for all services relating to preparation of the Documents. Engineer shall have the right to retain copies of Documents for information and reference. Signed and sealed printed form documents and plans shall be deemed superior and shall govern over same electronic format documents. Contracted notices required by this Agreement shall be made in writing and shall be delivered by: a. person; b. overnight courier with written verification of receipt; c. electronic communication; or d. certified mail, return receipt requested. 18. Assignment Neither Party will assign all or any part of this Agreement without prior written consent to the other party. Exhibit A – Scope of Services Exhibit B – Compensation Exhibit C – Insurance By execution of this Agreement, Owner authorizes Engineer to provide Basic Services for the Project in accordance with Exhibit A, "Scope of Services." Services covered by this Agreement will be performed in accordance with the Provisions attached to this form and any other attachments or schedules. This Agreement supersedes all prior Agreements and understandings and may only be changed by written amendment executed by both parties. Page 34 Agreement for Professional Services Plummer Project No. 2020-239-00 5 – 13 Plummer Associates, Inc. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the day and year first written above. Owner: Plummer Associates, Inc.: By By Title Title Date Date Page 35 Agreement for Professional Services Plummer Project No. 2020-239-00 6 – 13 Plummer Associates, Inc. EXHIBIT A SCOPE OF SERVICES BACKGROUND This scope of services will provide the improvements necessary to address replacement of the City’s mechanical fine screen at the wastewater treatment plant. The fine screen has been damaged by construction debris that has travelled through the sewer system to the plant. A heavier duty screen that is designed to withstand this type of debris will be designed for the replacement. BASIC SERVICES The project will include the following assumptions: • The City is responsible for on-site construction services. • Construction will be coordinated ongoing construction projects at the WWTP. • The existing screen size is adequate for the hydraulic conditions. • The plan sheets will be bound in the specification book for this project . • The design for all project components will be packaged into a single package for bidding and construction purposes. Basic Services provided by Plummer Associates, Inc. (the “Engineer”) will generally be covered under four main Phases: Project Coordination and Meetings, Detailed Design, Advertisement and Bid Phase Services, and Construction Phase Services. Each is identified below: PHASE 1- PROJECT COORDINATION AND MEETINGS 1. Task 1.1 – Project Management (10.5 months – 1.5 month design, 1 month bid and 8 months construction) a. Provide project management services which shall include, developing and implementing a Project Management Plan; tracking and managing internal schedules of work; monitoring and addressing issues related to the scope of work, budget and deliverables; preparing and processing monthly billings; providing labor resources necessary to fulfill scoped work; scheduling and participating in quality control reviews; and providing updates to the City on a regular basis. b. The Engineer shall prepare a Baseline Design Schedule to outline the project activities and Tasks. The Engineer shall update Design Schedule if/when unforeseen impacts arise. c. The Engineer shall coordinate efforts on project tasks identified below. d. The Engineer shall prepare a common monthly invoice. e. The Engineer shall coordinate efforts of subconsultants and monitor progress. f. Deliverables: i. Monthly Invoices ii. Baseline Design Schedule 2. Task 1.2 – Kickoff Meeting and Meeting Preparation a. The Engineer shall prepare and conduct a project kick-off meeting. At the kick-off meeting the Engineer shall confirm with the City the scope of work, deliverables, schedule, and administrative protocols. b. The Engineer shall prepare and distribute draft meeting notes for the City’s review within 5 – 7 business days of the kickoff meeting. After receipt of comments, the meeting notes shall be finalized and distributed to the team for record purposes. Delivery of draft and final meeting notes shall be by email. c. Deliverables: i. Kickoff Meeting Agenda Page 36 Agreement for Professional Services Plummer Project No. 2020-239-00 7 – 13 Plummer Associates, Inc. ii. Draft and Final Meeting Notes 3. Task 1.3 – Review Meetings a. A total of one (1) in-house Quality Control meetings will be conducted by the Engineer and the QC review team. i. Following each Internal QC meeting, the Engineer will prepare a Comment and Actions Log that will document the comments and proposed resolutions. b. The Engineer will prepare for and participate in one (1) review meeting with the City following the submittal 60 percent progress level contract documents proposed for the project. c. Review comments from the City shall be provided to the Engineer in a comment log format. d. After each review meeting, the Engineer will submit meeting notes to the City. The notes will summarize the meeting discussion and provide a list of action items. The draft and final meeting notes shall be distributed by email in PDF format. e. Deliverables: i. Agenda ii. Draft and Final Review Meeting Notes iii. Action Item & Decision Tracking Log 4. Task 1.4 – Agency Coordination a. Meetings and coordination with agencies will be performed under additional services. b. A project summary letter will be submitted to the TCEQ. Plans, specifications, and contracts shall be submitted to the TCEQ if requested following their review of the project summary letter. 5. Task 1.5 – Information/Data Collection and Review a. The Engineer will determine and define the City’s requirements for the project and review all record documents, specifications, design criteria, process and instrumentation diagrams. The Engineer will identify any data needs and request items from the City as needed. b. Deliverables: i. Data Needs Request (if required) PHASE 2 – DETAILED DESIGN PHASE SERVICES The Engineer shall prepare construction documents for the project. Design criteria and specifications shall comply with the applicable laws, statutes, ordinances, codes, and regulations. 1. Task 2.1 – 60% Design a. The Engineer shall prepare 60% design of the Project based on the direction and feedback provided by the City at the kickoff meeting, information gathered from the record data, and the design criteria for the screens. The Engineer shall produce both specifications and construction plans representing this level of progress through the following tasks: i. The Engineer shall provide response to the City’s comments on the comment log ii. Develop 60% level of completeness drawings and specifications with an Opinion of Probable Construction Cost (OPCC) for the City to review and comment. iii. Design will be based on the following information: 1. Record Drawings, including but not limited to site plans, mechanical/electrical/instrumentation drawings, process flow diagram and written control strategy. b. Deliverables: Page 37 Agreement for Professional Services Plummer Project No. 2020-239-00 8 – 13 Plummer Associates, Inc. i. Completed comment log (electronic copy in excel format). ii. One (1) electronic copy in pdf format iii. Six (6) hard copies of plans and specifications. iv. Summary of 60%-level OPCC in PDF format 2. Task 2.2 – Bid Documents a. Upon receipt of review comments from the City, the Engineer will develop the bid ready drawings and specifications for advertisement of the Project. b. Deliverables: i. Completed 100% Design comment log (electronic copy in excel format). ii. One (1) electronic copy in pdf format iii. Summary and detailed Bid-level OPCC (electronic copy in pdf format) iv. One (1) hard copy of Bid Documents PHASE 3 – BID PHASE SERVICES After the Bid Documents and updated OPCC have been approved by the City, the Engineer shall assist in obtaining bids for the project from general contractors. The City is responsible for publishing the notice to bidders on local news media and paying the associated costs. Bidding documents shall be distributed using CivCast. 1. Task 3.1 – Bid Advertising. Engineer shall provide the following bid phase services for the Project: a. Bid Posting: Post Issued for Bid documents on CivCast; b. Pre-Bid Meeting: Coordinate pre-bid meeting date, time and place with the City. Prepare agenda and facilitate pre-bid meeting; and c. Interpret Construction Contract Documents: Respond to questions posed during advertisement via CivCast. Prepare and issue addenda when required. Addenda to be posted to CivCast. d. Deliverables: i. Project bidding management using CivCast ii. Pre-bid conference with agenda and summary (PDF format) iii. Addenda 2. Task 3.2 – Bid Processing. Engineer shall assist the City in the bid opening and review: a. Bid Opening/Tabulation: Assist the City during bid opening, prepare tabulation of bids. Review bid submissions for completeness. b. Bid Review: Review and evaluate the qualifications of the apparent successful bidder and the proposed major or specialty subcontractors when warranted. The review and evaluation will include such factors as previously constructed work, financial resources, technical experience, responses from references, and bonding. c. Recommendation of Award: Provide written recommendation to the City concerning contract award. d. Prepare Construction Contracts for Signature: Review of Contractor's bonds and insurance, furnishing the Contractor unsigned construction contract documents with Notice of Intent to Award letter, and transmitting one copy of the construction contract documents to the City for signature. e. Prepare Conformed Documents: Incorporate addenda items and executed documents into the plans and specifications to create a “Conformed to Bid” set of construction contract documents. f. Deliverables: i. Bid Tabulation (electronic in pdf format) ii. Recommendation of Award letter (electronic in pdf format) iii. Notice of Intent to Award letter (electronic in pdf format) iv. One (1) hard copy of Construction Contracts for the City’s signature Page 38 Agreement for Professional Services Plummer Project No. 2020-239-00 9 – 13 Plummer Associates, Inc. v. Conformed to Bid Documents (electronic in pdf format) vi. Five (5) hard copies of Conformed to Bid Documents to the City; vii. Three (3) hard copies of Conformed to Bid Documents to Contractor; PHASE 4 – CONSTRUCTION PHASE SERVICES 1. Task 4.1 – General Construction Administration Services a. The Engineer’s responsibility to provide basic Engineering services for the Construction Phase under this Agreement commences with the award of the Contract for Construction and terminates at the end of the construction period for the Project including associated testing and startup service identified in this Agreement. b. Construction Phase duties, responsibilities, and limitations of the Engineer shall not be restricted, modified, or extended without agreement of the City and the Engineer in writing. c. The Engineer shall be a representative of and shall advise and consult the City during construction. The Engineer shall have the authority to act on behalf of the City only to the extent provided in this Agreement, unless otherwise modified by written instrument. d. The City’s approval, acceptance, use of, or payment for all or any part or the Engineer's services hereunder or the Project itself shall in no way alter the Engineer's obligations or the City’s rights herein. 2. Task 4.2 – Engineer’s Personnel at the Construction Site a. The presence and duties of the Engineer’s personnel at a construction site, whether as onsite representative or otherwise, do not make the Engineer or its personnel in any way responsible for those duties that belong to the City’s and/or construction contractors or other entities, and do not relieve the construction contractors or other entities from their obligations, duties, and responsibilities. b. The Engineer and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health and/or safety precautions related to such work and have no duty for inspecting, noting, observing, correcting, or reporting on health and/or safety deficiencies of the construction contractors or other persons at the site except the Engineer’s own personnel. c. The presence of the Engineer’s personnel at the construction site if for the purpose of providing the Engineer and the City a greater degree of confidence that the completed work will conform generally to the contract documents. The Engineer neither guarantees the performance of a construction contractor nor assumes responsibility for the contractor’s failure to perform the work in accordance with the contract documents. 3. Task 4.3 – Pre-Construction Conference a. The Engineer shall assist the City with preparation of one (1) pre-construction conference for the Project. Meeting shall be conducted by the City for the contractor at the City’s facility. At a minimum, the following items will be discussed: i. The construction schedule ii. Schedule of values and payment procedures and schedules iii. Designation of key personnel and their duties; and iv. Procedures for the construction administration of the Project 4. Task 4.4 – Construction Progress a. The Engineer shall perform four (4) visits to the site or City’s offices during the construction period beginning with the date of execution of the construction contract by the City to review the construction schedule and to observe the Page 39 Agreement for Professional Services Plummer Project No. 2020-239-00 10 – 13 Plummer Associates, Inc. progress and the quality of work. i. The Engineer shall become familiar with the progress of the work completed and will determine in general if the work when completed will be in accordance with the contract documents. ii. Additional site visits beyond those listed will be an additional service and the Engineer shall be entitled to additional compensation. 5. Task 4.5 – Shop Drawing Submittal and Review a. The Engineer will review samples, catalog data, schedules, shop drawings, laboratory reports, shop and mill test of material and equipment and other data pursuant to the general conditions of the Construction Contract. b. The Engineer will review quality related documents provided by the contractor such as test reports, equipment, installation reports, or other documentation required by the construction contracts. c. The Engineer shall review up to twenty (20) submittals in total, including re- submittals. Any additional reviews will be a Special Services and the Engineer shall be entitled to additional compensation. 6. Task 4.6 – Requests for Information and Contract Modifications a. The Engineer will interpret the intent of the plans and specifications and respond to requests for information (RFIs) for the City and contractors. i. The Engineer shall review up to five (5) RFIs in total, including variations of base RFI. Additional RFI responses beyond those listed will be a Special service and the Engineer shall be entitled to additional compensation. b. The Engineer will review contract modification requests (CMRs), prepare field orders, and review proposed contract modifications (PCMs) for items identified during construction that are necessary or requested by the City or contractor, but not in accordance with the construction documents. i. The Engineer shall review, evaluate, and issue up to a total of one (1) CMR, PCM, field order, and change order. Additional contract modifications beyond those listed above will be a Special service and the Engineer shall be entitled to additional compensation. 7. Task 4.7 – Pay Estimates a. The Engineer will review and comment on a maximum of nineteen (9) estimates for payment to contractor, pursuant to the general conditions of the construction contract. Recommendations by the Engineer to the City for periodic construction progress payments to the construction contractor will be based on the Engineer’s knowledge, information, and belief from selective sampl ing that the work has progressed to the point indicated. 8. Task 4.8 – Substantial and Final Review a. Conduct, with the City's representative, a final site visit of the Project at substantial completion for observing conformance with the design concepts of each Project and general compliance with the contract documents, and review and comment on the certificate of completion and the recommendation for final payment to the Contractor. b. Prepare Record drawings of the constructed work from information provided by the construction contractor. c. Deliverables: i. Record Drawings (electronic in PDF format) Page 40 Agreement for Professional Services Plummer Project No. 2020-239-00 11 – 13 Plummer Associates, Inc. SPECIAL SERVICES Upon authorization by the City, the Engineer will provide the City support during the project through the execution of the following special services: 1. None identified. ADDITIONAL SERVICES Additional Services are those services not included in Basic or Special Services above that may be required for the Project but cannot be defined sufficient ly at this time to establish a Scope of Work. Prior to proceeding with such work, the Engineer must receive authorization from the City. The Engineer will provide a written scope description and proposed compensation limit when requesting authorization. Additional Services include, but are not necessarily limited to the following: 1. Design of other improvements not specifically identified in Basic or Special Services. 2. Modifications to the design of improvements previously approved by the City on conceptual, preliminary or detailed design progress submittals. 3. Additional witness testing not included in Basic or Special Services including but not limited to labor associated with attendance for re-testing due to failure of equipment to meet the requirements of the contract documents. 4. Traffic Control and Stormwater Pollution Prevention (SWPPP) Design. 5. Surveying and geotechnical engineering services. 6. Corrosion studies. 7. Archeological investigations not included in Basic or Special Services. 8. GIS processing of geophysical and/or geotechnical data. 9. Preparing applications and supporting documents for grants, loans, or planning advances for providing data for detailed applications. 10. Providing additional copies of reports, plans, specifications, OPCC’s and contract documents beyond those specifically described in Basic and Special Services. 11. Preparing environmental impact statements, storm water discharge permits, and 404 permit applications, except as specifically included in the Special Engineering Services. 12. Appearing before regulatory agencies or courts as an expert witness in any litigation with third parties other than condemnation proceedings arising from the development or construction of the Project, including the preparation of Engineering data and reports for assistance of the City. 13. Other services beyond those included in Basic or Special Serv ices that are approved by the City. 14. Payment of fees for permit applications and publication(s) of notices. 15. Public relation activities and consulting services. Page 41 Agreement for Professional Services Plummer Project No. 2020-239-00 12 – 13 Plummer Associates, Inc. Exhibit B Compensation 1. Basic Services of Engineer Owner shall pay Engineer for Basic Services of Engineer rendered for “Scope of Services” as provided in this Agreement. Fees shall be paid per Article 7 of the General Terms and Conditions. Compensation for the following services shall be paid on a Cost Reimbursable (“time and materials”) basis not to exceed $30,000: 2. Additional Services of Engineer Compensation for Additional Services requested and authorized by the Owner shall be paid to the Engineer on a Cost Reimbursable basis per Article 7 of the General Terms and Conditions. A budgetary limit of $ 5,000 has been established for any Additional Services requested by the Owner. Cost reimbursable compensation for Basic Services and Additional Services shall be based on Engineer’s personnel time at Engineer’s hourly labor rates attached hereto as Table B -1 Hourly Rate Schedule for Professional Services. All direct expenses, including mileage, travel and lodging expenses, but excluding subcontract expenses, applied to the Additional Services of Engineer, shall be paid at invoice or internal office cost plus a fifteen percent (15%) service charge. Subcontract expenses shall be paid at direct cost plus a fifteen percent (15%) service charge. All sales, use, value added, business transfer, gross receipts, or other similar taxes will be added to Engineer's compensation when invoicing Owner. Page 42 Agreement for Professional Services Plummer Project No. 2020-239-00 13 – 13 Plummer Associates, Inc. TABLE B-1 HOURLY RATE SCHEDULE FOR PROFESSIONAL SERVICES PLUMMER ASSOCIATES, INC. 2020 Staff Description Staff Code 2020 Rate Admin Staff A1 – A2 $ 90.00 Admin Staff III A3 $ 93.00 Senior Admin Staff A4 $ 120.00 Designer/Technician C1-C2 $ 90.00 Designer/Technician III C3 $ 115.00 Senior Designer/Technician C4 $ 130.00 Construction Manager in Training (CMIT) CM1 $ 90.00 Construction Manager in Training II CM2 $ 105.00 Construction Manager in Training III CM3 $ 135.00 Construction Manager IV CM4 $ 145.00 Construction Manager V CM5 $ 165.00 Construction Manager CM6 $ 180.00 Senior Construction Manager CM7 $ 240.00 Principal Construction Manager CM8 $ 260.00 Resident Project Rep. I RR1 $ 80.00 Resident Project Rep. II RR2 $ 110.00 Resident Project Rep. III RR3 $ 130.00 Lead Resident Project Rep. RR4 $ 135.00 Field Tech I LS1 $ 75.00 Field Tech II LS2 $ 95.00 Survey Specialist I LS3 $ 105.00 Survey Specialist II LS4 $ 115.00 Survey Analyst LS5 $ 135.00 Chief of Parties LS6 $ 150.00 Engineer/Scientist Intern ES0 $ 60.00 Engineer-in-Training/Scientist-in-Training ES1 $ 115.00 Engineer-in-Training/Scientist-in-Training II ES2 $ 120.00 Engineer-in-Training/Scientist-in-Training III ES3 $ 125.00 Project Engineer/Scientist ES4 $ 145.00 Senior Project Engineer/Scientist ES5 $ 175.00 Project Manager ES6 $ 200.00 Senior Project Manager ES7 $ 240.00 Electrical Engineer in Training I EE1 $ 95.00 Electrical Engineer in Training II EE2 $ 120.00 Electrical Engineer in Training III EE3 $ 125.00 Electrical Specialist EE4 $ 145.00 Programmer EE5 $125.00 Programmer II EE6 $ 150.00 Senior Electrical Engineer EE7 $ 280.00 Principal ES8 - ES9 $ 305.00 Billing rates may be adjusted by up to 4 percent annually (at the beginning of each calendar year) during the term of this agreement. A multiplier of 1.15 will be applied to all direct expenses A technology charge will be billed at $5 per labor hour. Page 43 Page 44 Page 45 Page 46 Page 47 Page 48 Page 49 Page 50 Page 51 Page 52 Page 53 Page 54 CITY COUNCIL AGENDA MEMO AGENDA ITEM NO. 7. AGENDA MEETING DATE: October 5, 2020 TO: Jeriana Staton, Interim City Manager FROM: Ramie Hammonds, Development Service Director ITEM/CAPTION: Kirkland Street Addition, Phase III Consider, Discuss and Act on the Minor Plat of Lots 1 and 2 Block C, of Kirkland Street Addition, Phase III Being 0.440 Acres of the R Bebee Survey A29, and Generally Located on the South East side of the Intersection of Kirkland Street and Sims Street. AGENDA TYPE: Regular ACTION REQUESTED: Approval BACKGROUND: The applicant is proposing to create 2 residential lots by combining 2 unplatted tracts. The subject property is located within the SF10 Zoning District. The property is within an area that is beginning to see development and growth. The property will be served by all city utilities. The proposed plat is a minor plat with no public improvements and less than 4 lots, therefore no preliminary plat is required for this property. LEGAL/BOARD COMMISSION RECOMMENDATIONS/CITIZEN NOTICE FEEDBACK: Planning and Zoning Commission recommended Approval with the condition all City of Sanger comments were satisfied. FINANCIAL SUMMARY FUNDING/FISCAL IMPACT: N/A FUNDS: N/A STAFF RECOMMENDATION/ACTION DESIRED: APPROVAL Page 55 CITY COUNCIL AGENDA MEMOAGENDA ITEM NO. 7.AGENDA MEETING DATE: October 5, 2020TO: Jeriana Staton, Interim City ManagerFROM: Ramie Hammonds, Development Service DirectorITEM/CAPTION:Kirkland Street Addition, Phase IIIConsider, Discuss and Act on the Minor Plat of Lots 1 and 2 Block C, of Kirkland Street Addition, Phase III Being0.440 Acres of the R Bebee Survey A29, and Generally Located on the South East side of the Intersection ofKirkland Street and Sims Street. AGENDA TYPE: RegularACTION REQUESTED: Approval BACKGROUND:The applicant is proposing to create 2 residential lots by combining 2 unplatted tracts. The subject property is locatedwithin the SF10 Zoning District. The property is within an area that is beginning to see development and growth. Theproperty will be served by all city utilities. The proposed plat is a minor plat with no public improvements and less than4 lots, therefore no preliminary plat is required for this property.LEGAL/BOARD COMMISSION RECOMMENDATIONS/CITIZEN NOTICE FEEDBACK:Planning and Zoning Commission recommended Approval with the condition all City of Sanger comments weresatisfied. FINANCIAL SUMMARY FUNDING/FISCAL IMPACT:N/AFUNDS:N/ASTAFF RECOMMENDATION/ACTION DESIRED:APPROVAL ATTACHMENTS: Description Upload Date Type Staff Report 9/28/2020 Cover Memo Location Map 9/28/2020 Cover Memo Application 9/28/2020 Cover Memo Letter of Intent 9/28/2020 Cover Memo Minor Plat 9/28/2020 Cover Memo Page 56 CITY COUNCIL STAFF REPORT Meeting Date: October 05, 2020 Case #: 20SANZON-0029 Case Coordinator: Ramie Hammonds, Development Service Director Request: Consider, Discuss and Act on the Minor Plat of Lots 1 and 2 Block C, of Kirkland Street Addition, Phase III Being 0.440 Acres of the R Bebee Survey A-29, and Generally Located on the South East side of the Intersection of Kirkland Street and Sims Street. Applicant: Jerald Yensan, Landmark Surveyors, LLC ______________________________________________________________________________ Case Overview The applicant is proposing to create 2 residential lots by combining 2 unplatted tracts. The subject property is located within the SF-10 Zoning District. The property is within an area that is beginning to see development and growth. The property will be served by all city utilities. The proposed plat is a minor plat with no public improvements and less than 4 lots, therefore no preliminary plat is required for this property. Staff Recommendation Staff recommends APPROVAL Planning & Zoning Commission Recommendation The Planning & Zoning Commission recommended APPROVAL with the condition all City of Sanger comments were satisfied. Attachments • Location Map • Application • Letter of Intent • Minor Plat Page 57 E WILLOW ST S JO N E S S T KIRKLAND ST SIMS ST 304KirklandStreet /Locat ion Ex hibit: 304 Kirk land St.Minor P latProject: 20SANZ ON -0029 0 100 20050 Fe et DISC LA IME R :This map w as generat ed by G IS data prov idedby t he S anger G IS Depart ment. The City of Sanger does not guarantee t he correc tnes s oraccuracy of any feat ures on this m ap. T hese m approducts are f or illustration purpos es only andare not suitable for s ite-spec ific dec ision m aking.GIS dat a is subject t o c onstant c hanges , andmay not be com plete, acc urate or current.Date: 8/22/2020 7:21:31 P MDoc Name: Loc ationExhibit_304KirklandStCityLimitsExhibits Page 58 Page 59 Page 60 Page 61 Page 62 Page 63 Page 64 DRAWN BY:JOB NO:SCALE:1"=20' DATE: 4238 I-35 NORTH ANDMARK SURVEYORS, LLC. BTH (940) 382-4016 FAX (940) 387-9784 DENTON, TEXAS 76207 11 AUGUST, 2020 205251 GRAPHIC SCALE 1"=20' MINOR PLAT LOTS 1 AND 2, BLOCK C OF KIRKLAND STREET ADDITION, PHASE III (2 RESIDENTIAL LOTS) BEING 0.440 ACRE (0.053 ACRE IN RIGHT OF WAY DEDICATION) IN THE R. BEBEE SURVEY A-29 CITY OF SANGER, DENTON COUNTY, TEXAS TX FIRM REGISTRATION NO. 10098600Basis of Bearing is the State Plane Coordinate System, Texas North Central Zone (4202), North American Datum of 1983, as determined from GPS observations.SCALE 1" = 2000' VICINITY MAP PR O J E C T L O C A T I O N OWNER'S CERTIFICATE AND DEDICATION STATE OF TEXAS COUNTY OF DENTON; WHEREAS WE, Dentex Investments, LLC, are the owners of that certain lot, tract, or parcel of land situated in the R. Bebee Survey Abstract Number 29 in the City of Sanger, Denton County, Texas, being all that certain tract of land conveyed by deed from 4S Family Investors LLC to Dentex Investments, LLC recorded under Document Number 2020-117978, Real Property Records, Denton County, Texas, and being all that certain tract of land conveyed by deed from 4S Family Investors LLC to Dentex Investments, LLC recorded under Document Number 2020-117977, Real Property Records, Denton County, Texas, and being more particularly described as follows: BEGINNING at a 1/2" capped iron rod marked CBG found for corner in the east line of Sims Street, a public roadway having a right-of-way of 50.0 feet, said point being the northwest corner of that certain tract of land conveyed by deed from Sharon Pereira to Victo Pereira recorded under Document Number 2017-133027, Real Property Records, Denton County, Texas; THENCE N 01° 27’ 47” E, pass at 118.40 feet a capped iron rod marked RPLS 4561 set for corner in the south line of Kirkland Street, a public roadway having a proposed right-of-way of 50.0 feet, a total distance of 134.00 feet with said east line of said Sims Street to a point for corner in said Kirkland Street; THENCE S 88° 32’ 13” E, 143.00 feet with said Kirkland Street to a point or corner, said point being the northwest corner of that certain tract of land conveyed by deed to Alfredo Sanchez recorded under Document Number 2013-140632, Real Property Records, Denton County, Texas; THENCE S 01° 27’ 47” W, pass at 16.67 feet a capped iron rod marked RPLS 4561 set for said south line of said Kirkland Street a total distance of 134.00 feet with the west line of said Sanchez tract to a capped iron rod marked RPLS 4561 set for corner in the north line of the remnant of that certain tract of land conveyed by deed from National Living Centers, Inc. to Peggy Haskins recorded in Volume 1185, Page 775, Deed Records, Denton County, Texas; THENCE N 88° 32’ 13” W, 143.00 feet with the said north line of said Haskins tract and with the north line of said Pereira tract to the PLACE OF BEGINNING and containing 0.440 acre of land, of which 0.053 acre is hereby dedicated for public roadway. NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS THAT We, the aforesaid owners of land shown on this plat and whose name is subscribed hereto, and in person or through a duly authorized agent do hereby adopt this plat designating the herein above tract as LOTS 1 AND 2, BLOCK C, KIRKLAND STREET ADDITION PHASE III, an addition to the City of Sanger, Denton County, Texas, and do hereby dedicate to the public use forever all streets, alleys, parks, watercourses, drains, utility easements, drainage easements, and public places as shown thereon for the purposes and consideration therein expressed. All and any public utilities shall have the full right to remove and keep removed all growths which may endanger or interfere with the construction, maintenance, or efficiency of its respective system on the utility easement for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining and adding to or removing all or part of its respective systems without the necessity at anytime of procuring the permission of anyone. WITNESS MY HAND this _____ day of ___________, 2020 _____________________________________________________________ Joe Strittmatter, Sole Owner, Dentex Investments, LLC STATE OF TEXAS COUNTY OF DENTON: Before me, the undersigned authority, on this day personally appeared Joe Strittmatter, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and considerations therein expressed and in the capacity therein stated. Given under my hand and seal of office this _____ day of___________________ 2020 _____________________ NOTARY PUBLIC STATE OF TEXAS APPROVED AND ACCEPTED ___________________________________________________________________ Chairman, Planning and Zoning Commission, City of Sanger, Texas Date _________________________________________________________________________ Mayor, City of Sanger, Texas Date ATTESTED BY ____________________________________________________ City Secretary, City of Sanger, Texas CERTIFICATE OF SURVEYOR I, the undersigned, a registered professional land surveyor in the State of Texas, do hereby certify that this plat is true and correct and was prepared from an actual survey of the property made on the ground under my supervision. __________________________________________ Jerald D. Yensan Registered Professional Land Surveyor No. 4561 1. The purpose of this plat is to create two platted lots. 2. No portion of subject property lies within a special flood hazard area according to the FLOOD INSURANCE RATE MAP for Denton County and Incorporated Area, Map Number 48121C0210G, dated April 18, 2011. (Subject property lies in Zone X). 3. All lots comply with the minimum size requirements of the zoning district. 4. This property may be subject to charges related to impact fees and the applicant should contact the City regarding any applicable fees due. 5. Notice – selling a portion of this addition by metes and bounds is a violation of City ordinance and State Law and is subject to fines and withholding of utilities and building permits. 6. This plat does not alter or remove existing deed restrictions, if any, on this property. 7. Bearings are based on the State Plane Coordinate System, Texas North Central Zone (4202), North American Datum of 1983 (NAD ‘83) 8. Water, Sewer and Electric service is provided by the City of Sanger, 201 Bolivar Street, Sanger, Texas. 9. Telephone service is provided by Nortex Communications, 205 North Walnut, Muenster, Texas 76252. REVISED: 25 SEPTEMBER, 2020 Page 65 CITY COUNCIL AGENDA MEMO AGENDA ITEM NO. 8. AGENDA MEETING DATE: October 5, 2020 TO: Jeriana Staton, Interim City Manager FROM: Ramie Hammonds, Development Service Director ITEM/CAPTION: Levelle Addition Final Plat Consider, Discuss and Act on the Final Plat of Lot 1 Block A, of the Levelle Addition, Being 2.97 Acres of the McKinney and Williams Survey Abstract 940, and Generally Located on the East Side of Cowling Rd and Approximately 261 feet South of Deer Run Rd. AGENDA TYPE: Regular ACTION REQUESTED: Approval BACKGROUND: The applicant is proposing to create 1 residential lot of 2.97 acres from parts of 2 unplatted tracts. The subject property is located within the Agricultural Zoning District and single family residence is allowed. The lot will access from Cowling Rd. The property will be served by City of Sanger Water, CoServ Electric, and Sanger Wastewater or onsite septic. Applicant is requesting a variance from the following regulation in the Subdivision and Utility Ordinance: 1.Section 10.106 (c) – Sidewalks are to be constructed along entire frontage. 2.Section 10.106 (d) – General. Drainage facilities shall be provided and constructed by the developer in accordance with all city standards and the following basic requirements. 3.Section 10.106 (e) (2) (B)(iii) – Water mains shall be installed in or extended along all frontage streets of the proposed subdivision… 4.Section 10.106 (g)(7) – overhead electric lines to be placed underground across frontage. 5.Section 10.106 (b)(2)(C)(i) – On roadways, adjacent to the proposed subdivision, that are designated to be major or secondary thoroughfares (except class A Loop Highway), the subdivider shall be required to construct, at his own cost and expense, onehalf (1/2) of the street section, up to a width of twentyfour feet (24’), measured to face of curbs, with integral curbs on each side. 6. Section 13.2500(2)(A)(i) – A septic tank may be installed to serve an individual residence, commercial, or industrial facility if: The premises upon which the structure is located is more than two hundred feet (200’) from any city sanitary main. Page 66 CITY COUNCIL AGENDA MEMOAGENDA ITEM NO. 8.AGENDA MEETING DATE: October 5, 2020TO: Jeriana Staton, Interim City ManagerFROM: Ramie Hammonds, Development Service DirectorITEM/CAPTION:Levelle Addition Final PlatConsider, Discuss and Act on the Final Plat of Lot 1 Block A, of the Levelle Addition, Being 2.97 Acres of theMcKinney and Williams Survey Abstract 940, and Generally Located on the East Side of Cowling Rd andApproximately 261 feet South of Deer Run Rd. AGENDA TYPE: RegularACTION REQUESTED: Approval BACKGROUND:The applicant is proposing to create 1 residential lot of 2.97 acres from parts of 2 unplatted tracts. The subjectproperty is located within the Agricultural Zoning District and single family residence is allowed. The lot will access fromCowling Rd. The property will be served by City of Sanger Water, CoServ Electric, and Sanger Wastewater or onsiteseptic. Applicant is requesting a variance from the following regulation in the Subdivision and UtilityOrdinance: 1.Section 10.106 (c) – Sidewalks are to be constructed along entire frontage.2.Section 10.106 (d) – General. Drainage facilities shall be provided and constructed by the developer inaccordance with all city standards and the following basic requirements.3.Section 10.106 (e) (2) (B)(iii) – Water mains shall be installed in or extended along all frontage streets of theproposed subdivision…4.Section 10.106 (g)(7) – overhead electric lines to be placed underground across frontage.5.Section 10.106 (b)(2)(C)(i) – On roadways, adjacent to the proposed subdivision, that are designated to bemajor or secondary thoroughfares (except class A Loop Highway), the subdivider shall be required toconstruct, at his own cost and expense, onehalf (1/2) of the street section, up to a width of twentyfour feet(24’), measured to face of curbs, with integral curbs on each side.6. Section 13.2500(2)(A)(i) – A septic tank may be installed to serve an individual residence, commercial, orindustrial facility if: The premises upon which the structure is located is more than two hundred feet (200’) fromany city sanitary main. LEGAL/BOARD COMMISSION RECOMMENDATIONS/CITIZEN NOTICE FEEDBACK: Planning and Zoning Commission recommended Approval with the condition all City of Sanger comments were satisfied. FINANCIAL SUMMARY FUNDING/FISCAL IMPACT: N/A FUNDS: N/A STAFF RECOMMENDATION/ACTION DESIRED: Staff has found the plat to be substantially in compliance with the Subdivision Regulations, and recommends APPROVAL with the following variances: 1.Section 10.106 (c) – Sidewalks are to be constructed along entire frontage. 2.Section 10.106 (d) – General. Drainage facilities shall be provided and constructed by the developer in accordance with all city standards and the following basic requirements. 4.Section 10.106 (g)(7) – overhead electric lines to be placed underground across frontage. 5.Section 10.106 (b)(2)(C)(i) – On roadways, adjacent to the proposed subdivision, that are designated to be major or secondary thoroughfares (except class A Loop Highway), the subdivider shall be required to construct, at his own cost and expense, onehalf (1/2) of the street section, up to a width of twentyfour feet (24’), measured to face of curbs, with integral curbs on each side. 6.Section 13.2500(2)(A)(i) – A septic tank may be installed to serve an individual residence, commercial, or industrial facility if: The premises upon which the structure is located is more than two hundred feet (200’) from any city sanitary main. ATTACHMENTS: Description Upload Date Type Staff Report 9/30/2020 Cover Memo Location Map 9/29/2020 Cover Memo Application 9/29/2020 Cover Memo Letter of Intent 9/29/2020 Cover Memo Final Plat 9/30/2020 Cover Memo Variance Application 9/29/2020 Cover Memo Variance Letter 9/29/2020 Cover Memo Variance Amendment Letter 9/29/2020 Cover Memo Variance Exhibit 9/29/2020 Cover Memo Page 67 PLANNING & ZONING COMMISION STAFF REPORT Meeting Date: September 14, 2020 Case #: 20SANZON-0030 Case Coordinator: Ramie Hammonds, Development Service Director Request: Consider, Discuss and Act on the Final Plat of Lot 1 Block A, of the Levelle Addition, Being 2.97 Acres of the McKinney and Williams Survey Abstract 940, and Generally Located on the East side of Cowling Rd and approximately 261 feet South of Deer Run Rd. Applicant: Jeanne Levelle ______________________________________________________________________________ Case Overview The applicant is proposing to create 1 residential lot of 2.97 acres from parts of 2 unplatted tracts. The subject property is located within the Agricultural Zoning District and single family residence is allowed. The lot will access from Cowling Rd. The property will be served by City of Sanger Water, CoServ Electric, and Sanger Wastewater or onsite septic. Applicant is requesting a variance from the following regulation in the Subdivision and Utility Ordinance: 1. Section 10.106 (c) – Sidewalks are to be constructed along entire frontage. 2. Section 10.106 (d) – General. Drainage facilities shall be provided and constructed by the developer in accordance with all city standards and the following basic requirements. 3. Section 10.106 (e) (2) (B)(iii) – Water mains shall be installed in or extended along all frontage streets of the proposed subdivision… 4. Section 10.106 (g)(7) – overhead electric lines to be placed underground across frontage. 5. Section 10.106 (b)(2)(C)(i) – On roadways, adjacent to the proposed subdivision, that are designated to be major or secondary thoroughfares (except class A Loop Highway), the subdivider shall be required to construct, at his own cost and expense, one-half (1/2) of the street section, up to a width of twenty-four feet (24’), measured to face of curbs, with integral curbs on each side. 6. Section 13.2500(2)(A)(i) – A septic tank may be installed to serve an individual residence, commercial, or industrial facility if: The premises upon which the structure is located is more than two hundred feet (200’) from any city sanitary main. Staff reviewed the plat and provided comments. Applicant has addressed staff comments. Page 68 Staff Recommendation Staff has found the plat to be substantially in compliance with the Subdivision Regulations, and recommends APPROVAL with the following variances: 1. Section 10.106 (c) – Sidewalks are to be constructed along entire frontage. 2. Section 10.106 (d) – General. Drainage facilities shall be provided and constructed by the developer in accordance with all city standards and the following basic requirements. 4. Section 10.106 (g)(7) – overhead electric lines to be placed underground across frontage. 5. Section 10.106 (b)(2)(C)(i) – On roadways, adjacent to the proposed subdivision, that are designated to be major or secondary thoroughfares (except class A Loop Highway), the subdivider shall be required to construct, at his own cost and expense, one-half (1/2) of the street section, up to a width of twenty-four feet (24’), measured to face of curbs, with integral curbs on each side. 6. Section 13.2500(2)(A)(i) – A septic tank may be installed to serve an individual residence, commercial, or industrial facility if: The premises upon which the structure is located is more than two hundred feet (200’) from any city sanitary main. Planning & Zoning Commission Recommendation Planning and Zoning Commission recommended Approval with the condition all City of Sanger comments were satisfied. Attachments • Location Map • Application • Letter of Intent • Final Plat • Variance Application • Variance Request Letter • Variance Request Letter Amendment • Variance Exhibit Page 69 257187 257191257190257188 2571 89 257185 257211 2572 14 2571 92 2572 09257215 257207 257273 2572 16 257183 2571 84 2572 13 5874 9 2572 12 2572 68 2572 10 2571 86 2572 71 2572 08 258388 257182 257217 58914 59616 5961258751 25 7169 2571 68 257166 2571 65257164 257163 25 7162257161 257160 257159257158 5894 5 COWLING RD QUAIL CROSSING DR DEER RUN DR 1200Cowling R d /Locat ion Ex hibit: 1200 Cowling RdFinal PlatProject: 20SANZ ON -0030 0 150 30075 Fe et DISC LA IME R :This map w as generat ed by G IS data prov idedby t he S anger G IS Depart ment. The City of Sanger does not guarantee t he correc tnes s oraccuracy of any feat ures on this m ap. T hese m approducts are f or illustration purpos es only andare not suitable for s ite-spec ific dec ision m aking.GIS dat a is subject t o c onstant c hanges , andmay not be com plete, acc urate or current.Date: 8/22/2020 7:20:30 P MDoc Name: Loc ationExhibit_1200C ow lingRdCityLimitsExhibits Page 70 Page 71 Page 72 Page 73 Page 74 Page 75 Page 76 Page 77 Page 78 Page 79 LOT 1 BLOCK A ASPHALT DRIVE S 86°17'08" E 410.49' S 0 3 ° 3 9 ' 4 0 " E 2 4 3 . 1 2 ' LOT 1 J.B HAISLER, JR. CALLED 276.78 ACRES VOLUME 565, PAGE 144 D.R.D.C.T. J.B H A I S L E R , J R . CALLE D 2 7 6 . 7 8 A C R E S VOLUM E 5 6 5 , P A G E 1 4 4 D.R.D . C . T . QUAIL RUN ESTATES PHASE I CABINET V, PAGE 142 P.R.D.C.T. LOT 2 LOT 3 LOT 4 LOT 5 LOT 1 LOT 6 LOT 7 LOT 8 CIRS CIRS CIRS CIRS CIRS CIRS CIRS PKS PKS CO W L I N G R O A D 73.81' 373.57' 2.649 ACRES CIRS CIRS MCKI N N E Y & W I L L I A M S S U R V E Y ABST R A C T N O . 9 4 0 DENT O N C O U N T Y , T E X A S M. R . B U R L E S O N S U R V E Y AB S T R A C T N O . 7 1 DE N T O N C O U N T Y , T E X A S PKF S 86°16'31" W 111.52' S 69°4 3 ' 2 9 " W 24.51' S 63° 5 4 ' 3 5 " W 22.35 ' 116.6 5 ' S 63° 3 4 ' 0 7 " W S 1 7 ° 4 7 ' 4 3 " W 51 . 1 8 ' N 85°17'58" W 164.67 ' 1/2" IRF 1 ( N 0 2 ° 0 0 ' 1 4 " E 3 8 2 . 1 8 ' RIGHT-OF-WAY DEDICATION 0.324 OF AN ACRE P.O.B. JOB NO. 20141-2 DATE: 07/01/2020 DRAWN BY: K.D.A./R.S.C. SCALE: 1" = 30' PAGE: 1 OF 1 FINAL PLAT LOT 1, BLOCK A 2.649 ACRES LEVELLE ADDITION DENTON COUNTY RIGHT-OF-WAY DEDICATION 0.324 OF AN ACRE IN THE MCKINNEY & WILLIAMS SURVEY, ABSTRACT NO. 940 & IN THE M.R. BURLESON SURVEY, ABSTRACT NO. 71 CITY OF SANGER DENTON COUNTY, TEXAS EASEMENT LINES = DEED/LOT LINES = FENCE LINES = ADJOINER LINES = XX WATER LINE = SEWER LINE = GAS LINE = OVERHEAD UTILITY = ASPHALT ROAD = OHU ELECTRIC LINE = COMMUNICATIONS LINE =UC UC LINETYPE LEGEND PROPERTY LINE = GRAVEL ROAD = GAS GAS 111 N. DIXON ST. GAINESVILLE, TX 76240 PH. 940-665-9105 TBPLS FIRM NO. 10048000 SURVEYORS CERTIFICATE STATE OF TEXAS § COUNTY OF DENTON § I HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT AND WAS PREPARED FROM AN ACTUAL SURVEY ON THE GROUND UNDER MY SUPERVISION. _____________________________________________________ J.E.THOMPSON II R.P.L.S. TEXAS REGISTRATION NO. 4857 STATE OF TEXAS § COUNTY OF DENTON § BEFORE ME, THE UNDERSIGNED NOTARY IN AND FOR THE STATE OF TEXAS, ON THIS DAY PERSONALLY APPEARED J.E. THOMPSON II, KNOWN TO ME TO BE THE PERSON, WHOSE NAME IS SUBSCRIBED TO THE FORGOING INSTRUMENT AND ACKNOWLEDGE TO ME THAT HE EXECUTED THE SAME FOR THE PURPOSE AND CONSIDERATION THEREIN EXPRESSED AND IN THE CAPACITY THEREIN STATED. GIVEN UNDER MY HAND AND SEAL OF THE OFFICE THIS ____________ DAY OF __________________ 2020. ____________________________________ NOTARY PUBLIC IN THE STATE OF TEXAS. MY COMMISSION EXPIRES _______________________. GENERAL NOTES 1.) FLOOD STATEMENT: I HAVE EXAMINED THE F.E.M.A. FLOOD INSURANCE RATE MAP FOR DENTON COUNTY, TEXAS, COMMUNITY NUMBER 480786, EFFECTIVE DATE 04/18/11 AND THAT MAP INDICATES THAT THIS PROPERTY IS WITHIN "NON-SHADED ZONE X" DEFINED AS "AREAS DETERMINED TO BE OUTSIDE 0.2% ANNUAL CHANCE FLOODPLAIN" AS SHOWN IN PANEL 0065 G OF SAID MAP. THIS FLOOD STATEMENT DOES NOT IMPLY THAT THE PROPERTY AND/OR STRUCTURES THEREON WILL BE FREE FROM FLOODING OR FLOOD DAMAGE, ON RARE OCCASIONS, GREATER FLOODS CAN AND WILL OCCUR AND FLOOD HEIGHTS MAY BE INCREASED BY MAN-MADE OR NATURAL CAUSES. THIS FLOOD STATEMENT SHALL NOT CREATE LIABILITY ON THE PART OF THE SURVEYOR. 2.) BEARING BASIS DERIVED FROM GPS OBSERVATIONS MADE ON THE GROUND. TEXAS NORTH CENTRAL NAD 83 (GRID). 3.) THIS PROPERTY IS WITHIN THE CITY OF SANGER. 4.) WATER SERVICE TO BE SUPPLIED BY CITY OF SANGER - 940.458.7930 - 502 ELM ST. P.O. BOX 1729, SANGER, TX 76266. 6.) ELECTRIC SERVICE TO BE PROVIDED BY CITY OF SANGER - 940.458.2064 - 202 RAILROAD AVE. P.O. BOX 1729, SANGER, TX 76266. 7.) SANITARY SEWER SERVICE TO BE PROVIDED BY THE CITY OF SANGER - 940.458.2571 - P.O. BOX 1729, SANGER, TX 76266. 8.) COORDINATES BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM NAD 83 NORTH CENTRAL TEXAS ZONE AND G.P.S. OBSERVATIONS (GRID). 9.) THIS PROPERTY IS NOT LOCATED IN THE LAKE RAY ROBERTS PLANNING AND ZONING JURISDICTION. 10.) ALL SURFACE DRAINAGE EASEMENTS SHALL BE KEPT FREE OF FENCES, BUILDINGS, FOUNDATION, PLANTINGS AND OTHER OBSTRUCTIONS TO THE OPERATIONS AND MAINTENANCE OF THE DRAINAGE FACILITY. 11.) BLOCKING THE FLOW OF WATER OR CONSTRUCTING IMPROVEMENTS IN SURFACE DRAINAGE EASEMENTS, AND FILLING OR OBSTRUCTING THE FLOODWAY IS PROHIBITED. 12.) THE EXISTING CREEKS OR DRAINAGE CHANNELS TRAVERSING ALONG OR ACROSS THE ADDITION WILL REMAIN AS OPEN CHANNELS AND WILL BE MAINTAINED BY THE INDIVIDUAL PROPERTY OWNERS OF THE LOT OR LOTS THAT ARE TRAVERSED BY OR ADJACENT TO THE DRAINAGE COURSES ALONG OR ACROSS THE LOTS. 13.) ELEVATION OF BENCHMARK IS BASED ON N.A.V.D. 88 VERTICAL DATUM. 14.) ALL LOTS COMPLY WITH THE MINIMUM SIZE REQUIREMENTS OF ZONING DISTRICT. 15.) THIS PROPERTY MAY BE SUBJECT TO CHANGES RELATED TO IMPACT FEES AND THE APPLICANT SHOULD CONTACT THE CITY REGARDING ANY APPLICABLE FEES DUE. 16.) ALL COMMON AREAS, DRAINAGE EASEMENTS, AND DETENTION FACILITIES WILL BE OWNED AND MAINTAINED BY THE HOA/POA. ANY COMMON AREA WITHIN THE CITY'S RIGHT-OF-WAY WILL REQUIRE A FACILITIES AGREEMENT, TO BE REVIEWED AND APPROVED BY THE CITY. 17.) NOTICE - SELLING A PORTION OF THIS ADDITION BY METES AND BOUNDS IS A VIOLATION OF CITY ORDINANCE AND STATE LAW AND IS SUBJECT TO FINES AND WITHHOLDING OF UTILITIES AND BUILDING PERMITS. 18.) THIS PLAT DOES NOT ALTER OR REMOVE EXISTING DEED RESTRICTIONS, IF ANY, ON THIS PROPERTY. 19.) THE PURPOSE OF THIS PLAT IS TO SURVEY 2.649 ACRES TOTAL OUT OF A 276.78 ACRE TRACT AND CREATE A SINGLE LOT. 20.) PROPERTY SHALL ACCEPT DRAINAGE FROM COWLING ROAD RIGHT-OF-WAY. VARIENCE WILL BE REQUIRED IF NOT PROVIDING DRAINAGE SWALE AND OR DRAINAGE IMPROVEMENTS ALONG COWLING ROAD. 21.) A DRIVEWAY CULVERT PERMIT MUST BE OBTAINED FROM DENTON COUNTY ROAD AND BRIDGE DEPARTMENT BY THE OWNER OF EACH LOT PRIOR TO THE CONSTRUCTION, INSTALLATION, OR PLACEMENT OF ANY DRIVEWAY ACCESS IMPROVEMENTS WITHIN THE DEDICATED RIGHT-OF-WAY. 22.) NO CONSTRUCTION, WITHOUT WRITTEN APPROVAL FROM DENTON COUNTY SHALL BE ALLOWED WITHIN AN IDENTIFIED "FIRM" FLOODPLAIN AREA, AND THEN ONLY AFTER A DETAILED FLOODPLAIN DEVELOPMENT PERMIT INCLUDING ENGINEERING PLANS AND STUDIES SHOW THAT NO RISE IN THE BASE FLOOD ELEVATION (BFE) WILL RESULT, THAT NO FLOODING WILL RESULT, THAT NO OBSTRUCTION TO THE NATURAL FLOW OF WATER WILL RESULT; AND SUBJECT TO ALL OWNERS OF THE PROPERTY AFFECTED BY SUCH CONSTRUCTION BECOMING A PARTY TO THE REQUEST. WHERE CONSTRUCTION IS PERMITTED, ALL FINISHED FLOOR ELEVATIONS SHALL BE A MINIMUM OF TWO FEET ABOVE THE 100-YEAR FLOOD ELEVATION. 23.) ALL PUBLIC IMPROVEMENTS AND DEDICATIONS SHALL BE FREE AND CLEAR OF ALL DEBT, LIENS, AND /OR ENCUMBRANCES . 24.) ALL LOT CORNER SET WITH 1/2 INCH REBAR WITH PLASTIC CAP LABELED RPLS #4857. 25.) CONSTRUCTION NOT COMPLETE WITHIN TWO YEARS OF THE COMMISSIONERS COURT APPROVAL SHALL BE SUBJECT TO TO CURRENT COUNTY SUBDIVISION RULES AND REGULATIONS. 26.) THE STREETS AND ALLEYS ARE DEDICATED FOR STREET AND ALLEY PURPOSES. 27.) THE EASEMENTS AND PUBLIC USE AREAS, AS SHOWN ARE DEDICATED FOR THE PUBLIC USE FOREVER FOR THE PURPOSES INDICATED ON THE PLAT. 28.) NO BUILDING, FENCES , TREES, SHRUBS, OR OTHER IMPROVEMENTS OR GROWTH SHALL BE CONSTRUCTED OR PLACED UPON, OVER OR ACROSS THE EASEMENTS AS SHOWN, EXCEPT THAT LANDSCAPE IMPROVEMENTS MAY BE PLACED IN LANDSCAPE EASEMENTS EASEMENTS APPROVED BY THE CITY OF SANGER. 29.) THE CITY OF SANGER IS NOT RESPONSIBLE FOR REPLACING ANY IMPROVEMENTS IN, UNDER, OR OVER ANY EASEMENTS CAUSED BY MAINTENANCE OR REPAIR. 30.) UTILITY EASEMENTS MAY ALSO BE USED FOR THE MUTUAL USE AND ACCOMMODATION OF ALL PUBLIC UTILITIES DESIRING TO USE OR USING THE SAME UNLESS THE EASEMENTS LIMITS THE USE TO PARTICULAR UTILITIES, SAID USE BY THE PUBLIC UTILITIES BEING SUBORDINATE TO THE PUBLICS AND THE CITY OF SANGER'S USE THEREOF. 31.) THE CITY OF SANGER AND THE PUBLIC UTILITIES SHALL HAVE THE RIGHT TO REMOVE AND KEEP REMOVED ALL OR PART OF ANY BUILDING, FENCES, TREES, SHRUBS, OR OTHER IMPROVEMENTS OR GROWTHS WHICH MAY IN ANY WAS ENDANGER OR INTERFERE WITH THE CONSTRUCTION, MAINTENANCE, OR EFFICIENCY OF THEIR RESPECTIVE SYSTEMS IN THE EASEMENTS. 32.) THE CITY OF SANGER AND PUBLIC UTILITIES SHALL AT ALL TIMES HAVE THE FULL RIGHT OF INGRESS AND EGRESS TO OR FROM THEIR RESPECTIVE EASEMENTS FOR THE PURPOSE OF CONSTRUCTING, RECONSTRUCTING, INSPECTING, PATROLLING, MAINTAINING READING METERS AND ADDING TO OR REMOVING ALL OR PARTS OF THEIR RESPECTIVE SYSTEMS WITHOUT THE NECESSITY AT ANY TIME PROCURING PERMISSION FROM ANYONE. 33.) ALL MODIFICATIONS TO THIS DOCUMENT SHALL BE BY MEANS OF THE PLAT AND APPROVED BY THE CITY OF SANGER. 34.) ALL LOTS COMPLY WITH THE MINIMUM SIZE REQUIREMENTS OF ZONING DISTRICT. 35.) THIS PROPERTY MAY BE SUBJECT TO CHARGES RELATED TO IMPACT FEES AND APPLICANT SHOULD CONTACT THE CITY REGARDING ANY APPLICABLE FEES DUE. 36.) ALL COMMON AREAS, DRAINAGE EASEMENT, AND DEDICATION FACILITIES WILL BE OWNED AND MAINTAINED BY HOA/POA. ANY COMMON AREA WITHIN THE CITY'S RIGHT-OF-WAY WILL REQUIRE A FACILITIES AGREEMENT, TO BE REVIEWED AND APPROVED BY THE CITY. 37.) NOTICE - SELLING A PORTION OF THIS ADDITION BY METES AND BOUNDS IS A VIOLATION OF CITY ORDINANCE AND STATE LAW AND IS SUBJECT TO FINES AND WITHHOLDING OF UTILITIES AND BUILDING PERMITS. 38.) THIS PLAT DOES NOT ALTER OR REMOVE EXISTING DEED RESTRICTIONS, IF ANY, ON THIS PROPERTY. 39.) THE PURPOSE OF THIS PLAT IS TO CREATE ONE RESIDENTIAL LOT. 40.) PRIVATE SERVICE WATER LINE EASEMENT WILL BE RECORDED BY A SEPARATE INSTRUMENT. 41.) MINIMUM FINISH FLOOR ELEVATION SHALL BE AT LEAST 2 FEET ABOVE 100 YEAR FLOOD PLAIN. OWNER J.B. HAISLER & SHIRLEY HAISLER 1200 COWLING ROAD SANGER, TX 76266 DEVELOPER JAMES A. LEVELLE 1200 COWLING ROAD SANGER, TX 76266 225-975-4263 SURVEYOR J.E. THOMPSON II ALL AMERICAN SURVEYING 111 N. DIXON ST. GAINESVILLE, TX 76240 PH. 940-665-9105 APPROVED AND ACCEPTED ______________________________________________ MAYOR, CITY OF SANGER DATE ATTESTED BY: _______________________________________________ CITY SECRETARY, CITY OF SANGER DATE STATE OF TEXAS § COUNTY OF DENTON § 2.649 ACRES MCKINNEY AND WILLIAMS SURVEY, ABSTRACT NO. 940 & M. R. BURLESON SURVEY, ABSTRACT NO. 71 DENTON COUNTY, TEXAS FIELD NOTES TO ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE MCKINNEY AND WILLIAMS SURVEY, ABSTRACT NUMBER 940, DENTON COUNTY, TEXAS, AND BEING A PART OF A CALLED 276.78 ACRE TRACT OF LAND DESCRIBED IN THE DEED TO J.B HAISLER, JR., AS RECORDED IN VOLUME 565, PAGE 144 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A PK NAIL SET FOR CORNER AT THE NORTHWEST CORNER OF THE TRACT BEING DESCRIBED HEREIN IN OR NEAR THE CENTER OF AN ASPHALT SURFACE ROADWAY UNDER APPARENT PUBLIC USE POSTED AS COWLING ROAD, FROM WHICH A PK NAIL SET FOR THE NORTHWEST CORNER OF SAID 276.78 ACRE TRACT AND THE SOUTHWEST CORNER OF PHASE I, BLOCK A IN QUAIL RUN ESTATES, AN ADDITION TO THE CITY OF SANGER AS RECORDED IN CABINET V, SLIDE 142 BEARS NORTH 02 DEGREES 00 MINUTES 14 SECONDS EAST A DISTANCE OF 101.16 FEET; THENCE SOUTH 86 DEGREES 17 MINUTES 08 SECONDS EAST, SEVERING SAID 276.78 ACRE TRACT FOR A DISTANCE OF 410.49 FEET TO A CAPPED IRON ROD SET FOR CORNER AT THE NORTHEAST CORNER OF THE TRACT BEING DESCRIBED HEREIN; THENCE SOUTH 03 DEGREES 39 MINUTES 40 SECONDS EAST, SEVERING SAID 276.78 ACRE TRACT FOR A DISTANCE OF 243.12 FEET TO A CAPPED IRON ROD SET FOR THE SOUTHEAST CORNER OF THE TRACT BEING DESCRIBED HEREIN; THENCE NORTH 85 DEGREES 17 MINUTES 58 SECONDS WEST, SEVERING SAID 276.78 ACRE TRACT FOR A DISTANCE OF 164.67 FEET TO A CAPPED IRON ROD SET FOR CORNER; THENCE SOUTH 17 DEGREES 47 MINUTES 43 SECONDS WEST, SEVERING SAID 276.78 ACRE TRACT FOR A DISTANCE OF 51.18 FEET TO A CAPPED IRON ROD SET FOR CORNER; THENCE SOUTH 63 DEGREES 34 MINUTES 07 SECONDS WEST, SEVERING SAID 276.78 ACRE TRACT FOR A DISTANCE OF 116.65 FEET TO A CAPPED IRON ROD SET FOR CORNER; THENCE SOUTH 63 DEGREES 54 MINUTES 35 SECONDS WEST, SEVERING SAID 276.78 ACRE TRACT FOR A DISTANCE OF 22.35 FEET TO A CAPPED IRON ROD SET FOR CORNER; THENCE SOUTH 69 DEGREES 43 MINUTES 29 SECONDS WEST, SEVERING SAID 276.78 ACRE TRACT FOR A DISTANCE OF 24.51 FEET TO A CAPPED IRON ROD SET FOR CORNER; THENCE SOUTH 86 DEGREES 16 MINUTES 31 SECONDS WEST, SEVERING SAID 276.78 ACRE TRACT FOR A DISTANCE OF 111.52 FEET TO A CAPPED IRON ROD SET FOR CORNER AT THE SOUTHWEST CORNER OF THE TRACT BEING DESCRIBED HEREIN, IN THE WEST LINE OF SAID 276.78 ACRE TRACT AND IN OR NEAR THE CENTER OF SAID COWLING ROAD; THENCE NORTH 02 DEGREES 00 MINUTES 14 SECONDS EAST WITH THE WEST LINE OF SAID 276.78 ACRE TRACT, ALONG OR NEAR THE CENTER OF SAID COWLING ROAD FOR A DISTANCE OF 382.18 FEET TO THE PLACE OF BEGINNING AND CONTAINING 2.649 ACRES OF LAND MORE OR LESS. NOW, THEREFORE , KNOW ALL PERSONS BY THESE PRESENTS: THAT J.B. HAISLER AND WIFE, SHIRLEY HAISLER, DO HEREBY ADOPT THIS MINOR PLAT DESIGNATING THE HEREIN ABOVE DESCRIBED PROPERTY AS LEVELLE ADDITION, AN ADDITION TO CITY OF SANGER, TEXAS, AND DOES HEREBY DEDICATE TO THE PUBLIC USE FOREVER BY FEE SIMPLE TITLE, FREE AND CLEAR OF ALL LIENS AND ENCUMBRANCES, ALL STREETS, THOROUGHFARES, ALLEYS, FIRE LANES, DRIVE AISLES, PARKS, AND WATERCOURSES, AND TO THE PUBLIC USE FOREVER EASEMENTS FOR SIDEWALKS, STORM DRAINAGE FACILITIES, UTILITIES AND ANY OTHER PROPERTY NECESSARY TO SERVE THE PLAT AND TO IMPLEMENT THE REQUIREMENTS OF THE SUBDIVISION REGULATIONS AND OTHER CITY CODES AND DO HEREBY BIND OURSELVES, OUR HEIRS, SUCCESSORS AND ASSIGNS TO WARRANT AND TO FOREVER DEFEND THE TITLE ON THE LAND SO DEDICATED. FURTHER, THE UNDERSIGNED COVENANTS AND AGREE THAT HE/SHE SHALL MAINTAIN ALL EASEMENTS AD FACILITIES IN A STATE OF GOOD REPAIR AND FUNCTIONAL AT ALL TIMES IN ACCORDANCE WITH CITY CODES AND REGULATIONS. NO BUILDING, FENCES, TREES SHRUBS, OR OTHER IMPROVEMENTS MAY BE INSTALLED, IF APPROVED BY THE CITY OF SANGER. THE CITY OF SANGER AND PUBLIC UTILITIES SHALL HAVE THE RIGHT TO ACCESS AND MAINTAIN ALL RESPECTIVE EASEMENTS WITHOUT THE NECESSITY AT ANY TIME OF PROCURING PERMISSION FROM ANYONE. WITNESS MY HAND THIS______________DAY OF______________,20_______. __________________________________________________________________, J.B. HAISLER STATE OF TEXAS § COUNTY OF DENTON § BEFORE ME, THE UNDERSIGNED NOTARY IN AND FOR THE STATE OF TEXAS, ON THIS DAY PERSONALLY APPEARED J.B HAISLER, KNOWN TO ME TO BE THE PERSON, WHOSE NAME IS SUBSCRIBED TO THE FORGOING INSTRUMENT AND ACKNOWLEDGE TO ME THAT HE EXECUTED THE SAME FOR THE PURPOSE AND CONSIDERATION THEREIN EXPRESSED AND IN THE CAPACITY THEREIN STATED. GIVEN UNDER MY HAND AND SEAL OF THE OFFICE THIS ____________ DAY OF __________________ 2020. ____________________________________ NOTARY PUBLIC IN THE STATE OF TEXAS. MY COMMISSION EXPIRES _______________________. __________________________________________________________________, SHIRLEY HAISLER STATE OF TEXAS § COUNTY OF DENTON § BEFORE ME, THE UNDERSIGNED NOTARY IN AND FOR THE STATE OF TEXAS, ON THIS DAY PERSONALLY APPEARED SHIRLEY HAISLER, KNOWN TO ME TO BE THE PERSON, WHOSE NAME IS SUBSCRIBED TO THE FORGOING INSTRUMENT AND ACKNOWLEDGE TO ME THAT HE EXECUTED THE SAME FOR THE PURPOSE AND CONSIDERATION THEREIN EXPRESSED AND IN THE CAPACITY THEREIN STATED. GIVEN UNDER MY HAND AND SEAL OF THE OFFICE THIS ____________ DAY OF __________________ 2020. ____________________________________ NOTARY PUBLIC IN THE STATE OF TEXAS. MY COMMISSION EXPIRES _______________________. APPROVED BY THE PLANNING & ZONING COMMISSION ON THIS THE __________ DAY OF ____________, 20______ ___________________________________________________ CHAIRPERSON, PLANNING & ZONING COMMISSION ___________________________________________________ CITY SECRETARY NOT TO SCALE VICINITY MAP F I R S T S T R E E T TEAL DRIVE MANED DRIVE RINGNECK DRIVE PINTAIL LANE KINCAID DRIVE ELDER DRIVE DEER RUN DRIVE MA N D A R I N D R QUAIL CROSSING DR. PR I M R O S E D R I V E SITE CO W L I N G R O A D I N T E R S T A T E H I G H W A Y 3 5 N N 0 30'60'90' DRAWING SCALE 1" = 30' REVISED DATE: 09-10-20 CITY COMMENTS ADDRESSED REVISED DATE: 09-28-20 CITY COMMENTS ADDRESSED CITY OF SANGER DENTON COUNTY, TEXAS LEGEND = PROPERTY CORNER = BENCHMARK = TELEPHONE/UTILITY RISER = BURIED CABLE MARKER = TELEPHONE MANHOLE = POWER/UTILITY POLE (TR/UR) (BCM) (TMH) (PP/UP) CM * FF MFCP WFCP ( ) = CONTROL MONUMENT = FINISHED FLOOR = METAL FENCE CORNER POST = WOOD FENCE CORNER POST = PLAT/DEED CALLS = BEARING BASIS = ASPHALT SURFACE = LIGHT POLE = GUY WIRE = ELECTRIC VAULT = ELECTRIC TRANSFORMER = WATER METER = WATER VALVE = FIRE HYDRANT = WATER MANHOLE = BURIED PIPELINE MARKER = GAS METER = GAS VALVE/TEST STATION = GAS WELL HEAD = PROPANE TANK = SEPTIC CLEANOUT = SEPTIC LID = SANITARY SEWER MANHOLE = STORM DRAIN MANHOLE = SIGN = FLAGPOLE = MAILBOX = ABSTRACT CORNER (LP) (GUY) (VLT) (TRAN) (WM) (WV) (FH) (WMH) (BPM) (GM) (GV/TS) (WH) (PT) (C/O) (SEPT) (SSMH) (SDMH) (SIGN) (FP) (MB) POB R.O.W. D.E. E.E. U.E. W.E. P.U.E. B.L. A.E. F.L.E. S.W.E. IRF CIRF CIRS PKF PKS S.S.E. = POINT OF BEGINNING = RIGHT-OF-WAY = DRAINAGE EASEMENT = ELECTRIC EASEMENT = UTILITY EASEMENT = WATER EASEMENT = PUBLIC UTILITY EASEMENT = BUILDING/SETBACK LINE = ACCESS EASEMENT = FIRELANE EASEMENT = SIDEWALK EASEMENT = IRON ROD FOUND = CAPPED IRON ROD FOUND = 1/2 INCH IRON ROD SET = PK NAIL FOUND = PK NAIL SET = SANITARY SEWER EASEMENT = CONCRETE SURFACE 1/2" IRF = HALF INCH IRON ROD FOUND T E XA S Page 80 City of Sanger 201 Bolivar / P.O Box 1729 Sanger, TX 76266 940-458-2059 (office)940-458-4072 (fax) www.sangertexas.org VARIANCE APPLICATION Applicant Name: Company: Address: City, State, Zip Phone: Fax: Email: Submittal Checklist Site Plan Letter of Intent $200.00 Application Fee (Check Payable to City of Sanger) Describe the subject property (address, location, size, etc.): ____________________________________________________________________________________________________________ ____________________________________________________________________________________________________________ Describe the proposed variance (how much, where on the property, for what purpose): ____________________________________________________________________________________________________________ ____________________________________________________________________________________________________________ ____________________________________________________________________________________________________________ ____________________________________________________________________________________________________________ ________________________________________________________________________ ________________________ Owner Signature Date Office Use Fee Date James and Leanie LeVelle Residents 1200 Cowling Road Sanger, TX 76266 (225) 975-4363 Not Applicable X X X Lot 1, Block A, LeVelle Addition - 2.97 Acres As described in the letter of intent, we are requesting variances to the subdivision ordinance for perimeter street paving sidewalks and water main, extension, drainage & electric conversion to underground. Page 81 City of Sanger 201 Bolivar / P.O Box 1729 Sanger, TX 76266 940-458-2059 (office)940-458-4072 (fax) www.sangertexas.org VARIANCE REQUEST A variance is permission to vary from the terms of the Zoning Ordinance, permission to construct something the Zoning Ordinance would otherwise prohibit because of unusual circumstances. Variance requests are considered by the Zoning Board of Adjustment following a public hearing. Variances are granted to relieve an unnecessary hardship or practical difficulty. A financial hardship is not justification for a variance. A variance request must include the contents listed below. The City of Sanger will act on the request through the process described herein. SUBMITTAL REQUIREMENTS: •Letter of Intent •Site Plan •Application form signed by the owner and describing the property •Application Fee APPLICATION FEES: $200.00 •The application fee covers part of the cost for the city to review and act on the rezoning request, including providing notice of the public hearings as required by law. •The application fee is non-refundable. MEETING DATES: The Zoning Board of Adjustment is scheduled to meet on the second Monday of each month, if there is business to be conducted. Meetings with no business are not held. Public hearings require both published and mailed notices to be made prior to the meeting. Application should be submitted about one (1) month prior to the meeting. Consult with City Staff prior to submitting your application for detailed scheduling information. Page 82 City of Sanger 201 Bolivar / P.O Box 1729 Sanger, TX 76266 940-458-2059 (office) 940-458-4072 (fax) www.sangertexas.org VARIANCE REQUEST PROCESS The process for considering and acting on a request for a Variance to the Zoning Ordinance involves the following steps: 1. Pre-Application Consultation: A pre-application consultation with the city staff is recommended for all proposed variances. Staff can describe the request process and the criteria used by the Board of Adjustment. 2. Application: The completed application, letter of intent, site plan, and application fee should be submitted to the Department of Development Services on or before the deadline. 3. Public Notification: State law and the Zoning Ordinance require the public to be notified of the public hearing to consider the variance. Notice of the public hearing must be published in the newspaper at least fifteen (15) days prior. Notification of the public hearing is also mailed to the owners of the property within 200 feet of the subject property at least ten (10) days prior. 4. Zoning Board of Adjustment: The Zoning Board of Adjustment (BOA) will hold at least one (1) public hearing on the proposed variance. The applicant is expected to address the Board to describe the proposed variance and answer questions. During the public hearing, anyone in attendance may address the Board with comments and questions. City Staff will prepare a report for the Board and possibly make a recommendation to the Board. After the public hearing, the Board can grant a variance by majority vote of the Board Members. The Board can grant a variance up to the amount noted in the public notifications, but not more than that. Page 83 City of Sanger 201 Bolivar / P.O Box 1729 Sanger, TX 76266 940-458-2059 (office) 940-458-4072 (fax) www.sangertexas.org VARIANCE REQUEST CRITERIA The Zoning Ordinances sets the following criteria for the granting of variances from its strict terms. In making its determination, the Board of Adjustment shall consider the following factors: 1. that special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures, or buildings in the same district; 2. that literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this ordinance; 3. that the special conditions and circumstances do not result from the actions of the applicant; 4. that granting the variance requested will not confer on the applicant any special privilege that is denied by this ordnance to other lands, structures or buildings in the same district; and 5. no non-conforming use of neighboring lands, structures, or buildings in the same district and no permitted use of lands, structures, or buildings in other districts shall be considered grounds for the issuance of a variance. Financial hardship shall not be considered grounds for the issuance of a variance. Page 84 City of Sanger 201 Bolivar / P.O Box 1729 Sanger, TX 76266 940-458-2059 (office) 940-458-4072 (fax) www.sangertexas.org GUIDELINES FOR LETTER OF INTENT All variance applications should include a Letter of Intent. The Letter of Intent is the applicant’s opportunity to describe and justify the proposed variance to the City Staff, the Board of Adjustment, and the public at large. The Board will receive copies of the letter prior to the public hearings. Recommended content for a Letter of Intent: • Describe the location of the subject property. The description can include any or all of the following: o Physical address o Legal description, such as a tract and abstract, or a lot, block, and subdivision o Location (southwest corner of This Street and That Road, across the street from Landmark). • Describe the requested variance, such as a reduction in the minimum required rear yard from 25 feet to 20 feet. • Describe how the request matches the criteria required for a variance. • Contact information for the applicant or representative. This can be the owner, the prospective buyer, or someone else designated as point of contact. GUIDELINES FOR SITE PLAN All variance applications should include a Site Plan. The Site Plan is the applicant’s opportunity to graphically describe the proposed variance to the City Staff, the Board of Adjustment, and the public at large. The Board will receive copies of the site plan prior to the public hearings: Recommended content for a Site Plan: • property lines with dimensions • existing building and structures, with distances from property lines and other structures labeled • proposed structures with dimensions and distances labeled • required setback lines • proposed variance with dimensions labeled Applicants are also encouraged to submit pictures of the property, pictures of the existing buildings, and/or pictures or drawings of the proposed structures. Page 85 2415 N. Elm Street Denton, TX 76201 Office: 940.380.9453 Fax: 940.380.9431 www.ae-grp.com TBPE Firm #: 7898 P:\Projects\JHL2001 - Sanger WL\City Submittals\Minor Plat\Variance Request.docx Page 1 of 2 September 9, 2020 Ms. Ramie Hammonds Director of Development Services City of Sanger P.O. Box 1729 Sanger, TX 76201 Re: Final Plat (LeVelle Addition) Request for Variances Dear Ramie : On behalf of James and Jeanne LeVelle, Allison Engineering Group (AEG) is requesting the following variances: • Perimeter Street Paving • Sidewalks • Water Main Extension The Lavelle’s are working with Jeanne’s parents to section off a 2.97 acre tract from a 42.91 acre parent tract. They desire to construct a new home on the site. The Haisler’s (Jeanne’s parents) have a home on the 42.91 acres. It is our opinion that the requirements for all improvements are excessive for one single family residence and are not reasonably proportional to the demand being placed on any of the systems. Their frontage will be 382 feet as compared to a typical 60 foot residential lot. Additionally, the LeVelle’s will be extending an 8 inch water main a distance of approximately 227 feet off site to reach their proposed lot. The water main will then be extended another 20 feet on to their property and a fire hydrant constructed at the end. If the site is further subdivided in the future then it makes sense to consider these improvements at that time. For now, the requirements expressed in the code appear to be out of proportion to the one home that is proposed. Page 86 Page 2 of 2 We hope that you agree with our request and look forward hopefully to a favorable response from the Planning and Zoning Commission and the City Council. We will attend both meetings prepared to provide additional justification if needed and to respond to any questions. Please let us know if anything further is needed to better express our request. Respectfully Submitted, Allison Engineering Group Lee K. Allison, P.E., FNSPE Page 87 2415 N. Elm Street Denton, TX 76201 Office: 940.380.9453 Fax: 940.380.9431 www.ae-grp.com TBPE Firm #: 7898 P:\Projects\JHL2001 - Sanger WL\City Submittals\Minor Plat\2020-09-16 Variance\Variance Amendment.docx Page 1 of 2 September 25, 2020 Ms. Ramie Hammonds Director of Development Services City of Sanger P.O. Box 1729 Sanger, TX 76201 Re: Final Plat (LeVelle Addition) Amendment to Request for Variances to the Subdivision Ordinance Dated September 16, 2020 Letter of Intent Dear Ramie: On behalf of James and Jeanne LeVelle, Allison Engineering Group (AEG) is requesting the following amendments to the variances requested regarding the City of Sanger Subdivision Ordinance, Chapter 10 as stated in the Letter of Intent dated September 16, 2020: • Sanitary Sewer Connection, Article 13.2500 Alternative Water and Sewer Facilities, (2) • Water Main Extension, Chapter 10, Section 10.106 (e) (2) (B) (iii) Our general reasoning for each of the amended variance requests are: Sanitary Sewer Connection, Article 13.2500 Alternative Water and Sewer Facilities, (2) Our request is to install a septic system in lieu of connecting to the existing sanitary sewer main on the west side of Cowling Road. It makes sense for a “subdivision” to bear the cost of connecting to the sewer main. However, we feel that the cost of connecting a sewer service connection for one single family residence is not proportional to the project and is unintentionally burdensome. Per our estimation the cost of the sanitary sewer service connection will be somewhere between $17,500 and $24,000 while the cost of a septic system will be somewhere between $5,500 and $7,500. Our cost projection is based upon recent pricing for residential subdivisions. That pricing has economies of scale. It cost just as much to mobilize for this connection as it does to mobilize for a 100 lot subdivision. Therefore our projected cost could easily be 150 percent of our projection. Part of the reasoning for the high cost of constructing a sewer tap is the need to bore under the road and the Upper Trinity Regional Water District water main. It may even be that the water main interferes with the sewer connection preventing it from functioning as a gravity sewer service. Page 88 Page 2 of 2 Water Main Extension, Chapter 10, Section 10.106 (e) (2) (B) (iii) Our request is to ignore the original request and waiver the requirement to extend the water line to at least 20 feet on the proposed site if the cost of this extension exceeds $30,000. Per our estimation the cost of extending the water main in accordance with the initial variance request will be between $19,000 and $26,000. By comparison a water well is expected to cost between $12,000 and $18,000. Generally, the cost of extending the water main is disproportionate to the cost of one single family residence. However, water is necessary and the cost of the well is a necessary expense. Our concern is that our cost projections for this small of a project are too low. The actual cost may be 2 to 3 times what is projected. We are prepared to take that risk up to the $30,000 amount but desire to have a contingency in case the costs are more than reasonable. We would appreciate the City’s indulgence and help as we prepare for a reasonable and responsible effort to supply one single family residence with water supply. Extension of the water main will be required if the site is further subdivided in the future. We hope that you agree with our request and look forward hopefully to a favorable response from the Planning and Zoning Commission and the City Council. We will attend both meetings prepared to provide additional justification if needed and to respond to any questions. Please let us know if anything further is needed to better express our request. Respectfully Submitted, Allison Engineering Group Lee K. Allison, P.E., FNSPE Page 89 BLOCK A LOT 1 2.97 ACRES 30015 60 SCALE: 1"=30' SIDEWALK FOR LEVELLE ADDITION BEING 2.97 ACRES SITUATED IN THE MCKINNEY & WILLIAMS SURVEY, ABSTRACT No. 940 CITY OF SANGER, DENTON COUNTY, TEXAS 1 RESIDENTIAL LOT SHEET 1 OF 5 2415 N. ELM STREET DENTON, TEXAS 76201 Phone (940) 380-9453 FAX (940) 380-9431 info@ae-grp.com Texas Board of Professional Engineers Registration Number: F-7898 Pl o t t e d B y : Pl o t D a t e : Sa v e D a t e : Pl o t S t y l e T a b l e : Fi l e N a m e : P: \ P R O J E C T S \ J H L 2 0 0 1 - S A N G E R W L \ D W G \ X B A S E . D W G Al l i s o n . c t b We d n e s d a y , S e p t e m b e r 1 6 , 2 0 2 0 4 : 3 9 : 3 0 P M We d n e s d a y , S e p t e m b e r 1 6 , 2 0 2 0 4 : 3 9 : 3 9 P M Ad a m C l a y c o m b Page 90 BLOCK A LOT 1 2.97 ACRES 30015 60 SCALE: 1"=30' DRAINAGE FOR LEVELLE ADDITION BEING 2.97 ACRES SITUATED IN THE MCKINNEY & WILLIAMS SURVEY, ABSTRACT No. 940 CITY OF SANGER, DENTON COUNTY, TEXAS 1 RESIDENTIAL LOT SHEET 2 OF 5 2415 N. ELM STREET DENTON, TEXAS 76201 Phone (940) 380-9453 FAX (940) 380-9431 info@ae-grp.com Texas Board of Professional Engineers Registration Number: F-7898 Pl o t t e d B y : Pl o t D a t e : Sa v e D a t e : Pl o t S t y l e T a b l e : Fi l e N a m e : P: \ P R O J E C T S \ J H L 2 0 0 1 - S A N G E R W L \ D W G \ X B A S E . D W G Al l i s o n . c t b We d n e s d a y , S e p t e m b e r 1 6 , 2 0 2 0 4 : 3 9 : 3 0 P M We d n e s d a y , S e p t e m b e r 1 6 , 2 0 2 0 4 : 3 9 : 4 4 P M Ad a m C l a y c o m b · · · Page 91 BLOCK A LOT 1 2.97 ACRES 30015 60 SCALE: 1"=30' WATER MAINS FOR LEVELLE ADDITION BEING 2.97 ACRES SITUATED IN THE MCKINNEY & WILLIAMS SURVEY, ABSTRACT No. 940 CITY OF SANGER, DENTON COUNTY, TEXAS 1 RESIDENTIAL LOT SHEET 3 OF 5 2415 N. ELM STREET DENTON, TEXAS 76201 Phone (940) 380-9453 FAX (940) 380-9431 info@ae-grp.com Texas Board of Professional Engineers Registration Number: F-7898 Pl o t t e d B y : Pl o t D a t e : Sa v e D a t e : Pl o t S t y l e T a b l e : Fi l e N a m e : P: \ P R O J E C T S \ J H L 2 0 0 1 - S A N G E R W L \ D W G \ X B A S E . D W G Al l i s o n . c t b We d n e s d a y , S e p t e m b e r 1 6 , 2 0 2 0 4 : 3 9 : 3 0 P M We d n e s d a y , S e p t e m b e r 1 6 , 2 0 2 0 4 : 3 9 : 4 8 P M Ad a m C l a y c o m b Page 92 BLOCK A LOT 1 2.97 ACRES 30015 60 SCALE: 1"=30' OVERHEAD ELECTRIC FOR LEVELLE ADDITION BEING 2.97 ACRES SITUATED IN THE MCKINNEY & WILLIAMS SURVEY, ABSTRACT No. 940 CITY OF SANGER, DENTON COUNTY, TEXAS 1 RESIDENTIAL LOT SHEET 4 OF 5 2415 N. ELM STREET DENTON, TEXAS 76201 Phone (940) 380-9453 FAX (940) 380-9431 info@ae-grp.com Texas Board of Professional Engineers Registration Number: F-7898 Pl o t t e d B y : Pl o t D a t e : Sa v e D a t e : Pl o t S t y l e T a b l e : Fi l e N a m e : P: \ P R O J E C T S \ J H L 2 0 0 1 - S A N G E R W L \ D W G \ X B A S E . D W G Al l i s o n . c t b We d n e s d a y , S e p t e m b e r 1 6 , 2 0 2 0 4 : 3 9 : 3 0 P M We d n e s d a y , S e p t e m b e r 1 6 , 2 0 2 0 4 : 3 9 : 5 2 P M Ad a m C l a y c o m b Page 93 BLOCK A LOT 1 2.97 ACRES 30015 60 SCALE: 1"=30' PERIMETER STREET PAVING FOR LEVELLE ADDITION BEING 2.97 ACRES SITUATED IN THE MCKINNEY & WILLIAMS SURVEY, ABSTRACT No. 940 CITY OF SANGER, DENTON COUNTY, TEXAS 1 RESIDENTIAL LOT SHEET 5 OF 5 2415 N. ELM STREET DENTON, TEXAS 76201 Phone (940) 380-9453 FAX (940) 380-9431 info@ae-grp.com Texas Board of Professional Engineers Registration Number: F-7898 Pl o t t e d B y : Pl o t D a t e : Sa v e D a t e : Pl o t S t y l e T a b l e : Fi l e N a m e : P: \ P R O J E C T S \ J H L 2 0 0 1 - S A N G E R W L \ D W G \ X B A S E . D W G Al l i s o n . c t b We d n e s d a y , S e p t e m b e r 1 6 , 2 0 2 0 4 : 5 2 : 5 6 P M We d n e s d a y , S e p t e m b e r 1 6 , 2 0 2 0 4 : 5 3 : 4 9 P M Ad a m C l a y c o m b Page 94 CITY COUNCIL AGENDA MEMO AGENDA ITEM NO. 9.a. AGENDA MEETING DATE: October 5, 2020 TO: Jeriana Staton, Interim City Manager FROM: Clayton Gray, Finance Director ITEM/CAPTION: Monthly Financial Report August 31, 2020 AGENDA TYPE: Regular ACTION REQUESTED: BACKGROUND: LEGAL/BOARD COMMISSION RECOMMENDATIONS/CITIZEN NOTICE FEEDBACK: FINANCIAL SUMMARY FUNDING/FISCAL IMPACT: FUNDS: STAFF RECOMMENDATION/ACTION DESIRED: ATTACHMENTS: Description Upload Date Type Financial Report August 31, 2020 9/29/2020 Cover Memo Page 95 Expenditure Category Annual Budget Expenditures & Encumbrances Percent of Budget Salaries & Benefits 6,545,931$ 5,179,498$ 79% Supplies & Materials 603,710 406,653 67% Maintenance & Operations 7,152,775 6,180,593 86% Contract Services 2,203,434 1,914,694 87% Utilities 511,300 419,670 82% Capital Expenses 811,000 540,262 67% Debt Service 1,623,477 1,570,381 97% Other Department Expense 92,994 18,089 19% Transfers 3,154,411 2,899,675 92% Total 22,699,032$ 19,129,515$ 84% August 31, 2020 MONTHLY FINANCIAL REPORT Combined General, Enterprise, and Internal Service Fund Expenditures by Classification This is the financial report for the period ended August 31, 2020. Revenues and expenditures reflect activity from October 1, 2018 through August 31, 2020 or ninety-one percent (91%) of the fiscal year. GENERAL FUND The General Fund has collected one hundred and five percent (105%) of projected operating revenues. All revenues are performing within projections. Year to date General Fund operating expenditures are seventy-five percent (75%) of the annual budget. All expenditure categories are within projections. ENTERPRISE FUND The Enterprise Fund has collected eighty-nine percent (89%) of projected operating revenues. All revenue categories are performing within projections. Year to date Enterprise Fund operating expenditures are eighty-eight percent (88%) of the annual budget. All expenditure categories are within projections. INTERNAL SERVICE FUND The Internal Service Fund has collected eighty-five percent (85%) of projected operating revenues. All revenue categories are performing within projections. Year to date Internal Service Fund operating expenditures are eighty-five percent (85%) of the annual budget. All expenditure categories are within projections. Page 1 of 12 Page 96 Annual Budget Year to Date Actual % of Budget Budget Balance Operating Revenues Property Taxes 4,065,250$ 4,141,264$ 102%(76,014)$ Sales & Beverage Taxes 905,800 988,681 109%(82,881) Franchise Fees 878,222 839,343 96%38,879 Solid Waste 935,500 883,049 94%52,451 Licenses & Permits 343,070 433,926 126%(90,856) Fines & Forfeitures 95,526 53,075 56%42,451 Department Revenues 834,961 669,277 80%165,684 Interest & Miscellaneous 81,500 558,226 685%(476,726) Total Operating Revenues 8,139,829 8,566,841 105%(427,012) Operating Expenditures Police 1,732,145 1,266,898 73%465,247 Animal Control 136,790 100,688 74%36,102 Fire 1,829,356 1,201,988 66%627,368 Municipal Court 197,494 158,597 80%38,897 Development Services 641,475 439,927 69%201,548 Streets 638,035 475,089 74%162,946 Parks 553,192 447,560 81%105,632 Recreation 82,900 58,790 71%24,110 Library 303,470 256,389 84%47,081 Solid Waste 850,000 829,702 98%20,298 Non-Departmental - 20,404 0%(20,404) Total Operating Expenditures 6,964,857 5,256,032 75%1,708,825 Revenues Over (Under) Expenditures 1,174,972 3,310,809 (2,135,837) Transfers Transfer From Enterprise Fund - PILOT 85,000 77,917 92%7,083 Transfer From Debt Service Fund 51,535 51,535 100%- Transfer To Capital Projects Fund (675,000) (675,000) 100%- Transfer To Internal Service Fund (636,507) (569,028) 89%(67,479) Total Transfers (1,174,972) (1,114,576) 95%(60,396) Net Change in Fund Balance -$ 2,196,233$ (2,196,233)$ Fund Balance, Beginning of Year 1,745,609 1,745,609 - Fund Balance, End of Year 1,745,609$ 3,941,842$ (2,196,233)$ CITY OF SANGER, TEXAS GENERAL FUND REVENUE & EXPENDITURES August 31, 2020 0%25%50%75%100% Other Revenues Solid Waste Franchise Fees Sales & Beverage Taxes Property Taxes General Fund Revenues: Actual to Budget YTD Actual Budget 0%25%50%75%100% Solid Waste Library Recreation Parks Streets Development Services Municipal Court Fire Animal Control Police General Fund Expenditures: Actual to Budget YTD Actual Budget Page 2 of 12 Page 97 CITY OF SANGER, TEXAS GENERAL FUND 3-YEAR REVENUE TRENDS August 31, 2020 $- $250,000 $500,000 $750,000 $1,000,000 $1,250,000 $1,500,000 $1,750,000 $2,000,000 $2,250,000 $2,500,000 $2,750,000 $3,000,000 $3,250,000 $3,500,000 $3,750,000 $4,000,000 $4,250,000 $4,500,000 CURRENT PROPERTY TAX REVENUE 2019-2020 2018-2019 2017-2018 $- $100,000 $200,000 $300,000 $400,000 $500,000 $600,000 $700,000 $800,000 $900,000 SALES & BEVERAGE TAX REVENUE 2019-2020 2018-2019 2017-2018 $- $100,000 $200,000 $300,000 $400,000 $500,000 $600,000 $700,000 $800,000 $900,000 FRANCHISE FEE REVENUE 2019-2020 2018-2019 2017-2018 Page 3 of 12 Page 98 Annual Budget Year to Date Actual % of Budget Budget Balance Operating Revenues Water 2,087,800$ 1,828,320$ 88%259,480$ Wastewater 2,036,650 1,747,009 86%289,641 Electric 7,700,000 6,676,764 87%1,023,236 Penalties & Fees 211,000 158,589 75%52,411 Interest 15,000 295,997 1973%(280,997) Miscellaneous 68,250 135,196 198%(66,946) Total Operating Revenues 12,118,700 10,841,875 89%1,276,825 Operating Expenditures Water 1,353,723 1,126,859 83%226,864 Wastewater 770,307 548,649 71%221,658 Electric 6,677,301 5,904,581 88%772,720 Debt Service 1,571,942 1,515,752 96%56,190 Total Operating Expenditures 10,373,273 9,095,841 88%1,277,432 Revenues Over (Under) Expenditures 1,745,427 1,746,034 (607) Transfers Transfer from Storm Recovery 97,477 97,477 100%- Transfer to Enterprise CIP (156,800) (143,734) 92%(13,066) Transfers to Storm Recovery Fund (115,920) (106,260) 92%(9,660) Transfer to General Fund - PILOT (85,000) (77,917) 92%(7,083) Transfers to Storm Recovery Fund (1,485,184) (1,327,732) 89%(157,452) Total Transfers (1,745,427) (1,558,166) (187,261) Net Change in Fund Balance -$ 187,868$ 186,654$ Fund Balance, Beginning of Year 3,982,069 3,982,069 - Fund Balance, End of Year 3,982,069$ 4,169,937$ 186,654$ CITY OF SANGER, TEXAS ENTERPRISE FUND REVENUE & EXPENDITURES August 31, 2020 0%25%50%75%100% Other Income Electric Wastewater Water Enterprise Fund Revenues: Actual to Budget YTD Actual Budget 0%25%50%75%100% Debt Service Electric Wastewater Water Enterprise Fund Expenditures: Actual to Budget YTD Actual Budget Page 4 of 12 Page 99 CITY OF SANGER, TEXAS ENTERPRISE FUND 3-YEAR REVENUE TRENDS August 31, 2020 $- $250,000 $500,000 $750,000 $1,000,000 $1,250,000 $1,500,000 $1,750,000 $2,000,000 $2,250,000 WATER SALES REVENUE 2019-2020 2018-2019 2017-2018 $- $250,000 $500,000 $750,000 $1,000,000 $1,250,000 $1,500,000 $1,750,000 $2,000,000 WASTE WATER SALES REVENUE 2019-2020 2018-2019 2017-2018 $- $1,000,000 $2,000,000 $3,000,000 $4,000,000 $5,000,000 $6,000,000 $7,000,000 $8,000,000 $9,000,000 ELECTRIC SALES REVENUE 2019-2020 2018-2019 2017-2018 Page 5 of 12 Page 100 Annual Budget Year to Date Actual % of Budget Budget Balance Operating Expenditures Mayor & Council 217,700 221,354 102%(3,654) Administration 375,802 331,878 88%43,924 Public Works 117,403 100,991 86%16,412 Finance 516,884 447,577 87%69,307 Engineering 326,598 255,855 78%70,743 Fleet Services 106,104 88,596 83%17,508 Facilities 277,500 207,481 75%70,019 Non-Departmental 268,500 224,233 84%44,267 Total Operating Expenditures 2,206,491 1,877,965 85%328,526 Transfers Transfer From Enterprise Fund 1,544,544 1,327,732 86%216,812 Transfer From General Fund 661,947 569,028 86%92,919 Total Transfers 2,206,491 1,896,760 86%309,731 Net Change in Fund Balance -$ 18,795$ (18,795)$ Fund Balance, Beginning of Year 1,745,609 1,745,609 - Fund Balance, End of Year 1,745,609$ 1,764,404$ (18,795)$ CITY OF SANGER, TEXAS INTERNAL SERVICE FUND REVENUE & EXPENDITURES August 31, 2020 0%25%50%75%100% Transfer From General Fund Transfer From Enterprise Fund Internal Service Fund Revenues: Actual to Budget YTD Actual Budget 0%25%50%75%100% Non-Departmental Facilities Fleet Services Engineering Finance Public Works Administration Mayor & Council General Fund Expenditures: Actual to Budget YTD Actual Budget Page 6 of 12 Page 101 Name General Fund Enterprise Fund Debt Service Fund Capital Projects Fund Total UNRESTRICTED Cash for Operations 2,934,756$ 1,514,688$ -$ -$ 4,449,444$ Contingency Reserves for Operations 1,039,351 1,033,299 - - 2,072,650 TOTAL UNRESTRICTED 3,974,107$ 2,547,987$ -$ -$ 6,522,094$ RESTRICTED Debt Service -$ 1,869,117$ 418,062$ -$ 2,287,179$ Water Deposits - 505,973 - - 505,973 Equipment Replacement 230,650 126,921 - - 357,571 Electric Storm Recovery - 1,053,004 - - 1,053,004 Hotel Occupancy Tax 58,803 - - - 58,803 Grant Funds 11,826 11,826 Keep Sanger Beautiful (KSB)5,526 - - 5,526 Library 96,697 - - - 96,697 Court Security 10,936 - - - 10,936 Court Technology 351 - - - 351 Child Safety Fee 45,292 45,292 Donations 17,548 - - - 17,548 TOTAL RESTRICTED 477,629$ 3,555,015$ 418,062$ -$ 4,450,706$ CAPITAL PROJECTS General Capital Projects -$ -$ -$ 1,997,068$ 1,997,068$ Enterprise Capital Projects - - - 5,451,125 5,451,125 TOTAL CAPITAL PROJECTS -$ -$ -$ 7,448,193$ 7,448,193$ TOTAL CASH AND INVESTMENTS 4,451,736$ 6,103,002$ 418,062$ 7,448,193$ 18,420,993$ August 31, 2020 CASH AND INVESTMENTS CITY OF SANGER, TEXAS Debt Service 45% Water Deposits 10% Equipment Replacement 7% Electric Storm Recovery… Other 17% Restricted Unrestricted 34% Restricted 27% Capital Projects 39% Total Cash & Investments Cash for Operations 68% Contingency Reserves for Operations 32% Unrestricted General Capital Projects 27%Enterprise Capital Projects 73% Capital Projects Page 7 of 12 Page 102 Name Acct. #Maturity Yield Prior Period Current Balance Pooled Cash 001-00-1000 0.05%6,126,801$ 5,671,554$ Employee Benefits Cash 110-00-1000 0.20%20,802 20,802 Employee Benefits MM 110-00-1010 0.20%35,107 34,802 Internal Service Fund 180-00-1000 180,196 37,108 OPERATING ACCOUNTS 6,362,906$ 5,764,266$ GF Contingency Reserve MM 2487969 001-00-1031 0.20%607,884$ 609,636$ GF Contingency Reserve CD Prosperity 001-00-1039 4/26/2021 0.55%215,349 215,751 GF Contingency Reserve CD 674907 001-00-1043 7/13/2021 0.45%213,805 213,964 CONTINGENCY RESERVE 1,037,038$ 1,039,351$ *GF Equipment Replacement MM 2376237 001-00-1032 0.20%165,025$ 166,351$ *GF Equipment Replacement CD 719706 001-00-1033 7/6/2021 0.45%64,251 64,299 EQUIPMENT REPLACEMENT RESERVES 229,276$ 230,650$ *Hotel Occupancy Tax 050-00-1000 57,061$ 58,803$ *Police Grant Fund 320-00-1000 11,826 11,826 *Fire Grant Fund 324-00-1000 61,880 61,880 *Library Grant Fund 342-00-1000 14 14 *Beautification Board - KSB 432-00-1000 5,526 5,526 *Library Restricted for Building Expansion 442-00-1000 44,604 44,604 *Library Building Expansion CD 702994 442-00-1035 1/22/2021 0.45%52,028 52,093 *Parkland Dedication Fund 450-00-1000 102,784 102,784 *Roadway Impact Fee Fund 451-00-1000 786,093 879,093 *Court Security Restricted Fund 470-00-1000 10,456 10,936 *Court Technology Restricted Fund 471-00-1000 (799) 351 *Child Safety Fee Fund 475-00-1000 45,292 45,292 *Police Donations 620-00-1000 2,078 2,078 *Fire Donations 624-00-1000 6,150 6,150 *Banner Account for Parks 632-00-1000 3,061 3,061 *Library Donations 642-00-1000 6,259 6,259 OTHER 1,194,313$ 1,290,750$ TOTAL CASH AND INVESTMENTS 8,823,533$ 8,325,017$ TOTAL UNRESTRICTED 7,399,944$ 6,803,617$ *Restricted Funds GENERAL FUND August 31, 2020 CASH AND INVESTMENTS Page 8 of 12 Page 103 Name Acct. #Maturity Yield Prior Period Current Balance Pooled Cash 008-00-1010 0.05%1,011,538$ 1,514,688$ OPERATING ACCOUNTS 1,011,538$ 1,514,688$ *Pooled Cash 008-00-1010 0.05%175,722$ 205,973$ *Water Deposit CD 2375850 008-00-1041 1/3/2021 0.45%300,000 300,000 WATER DEPOSIT REFUND ACCOUNT 475,722$ 505,973$ *Combined EF Debt Service MM 2376113 008-00-1039 0.20%1,704,098 1,869,117 BOND FUNDS 1,704,098$ 1,869,117$ EF Contingency Reserve MM 2809753 008-00-1012 0.20%606,381$ 608,129$ EF Contingency Reserve CD 787860 008-00-1014 2/14/2021 0.45%317,586 317,984 EF Reserve CD 642541 008-00-1040 9/25/2020 0.45%107,159 107,186 CONTINGENCY RESERVES 1,031,126$ 1,033,299$ *EF Storm Recovery MM- 2% Electric Rev 008-00-1033 0.20%1,128,155$ 1,053,004$ *EF Equipment Replacement MM 2376202 008-00-1034 0.20%125,843 126,921 OTHER 1,253,998$ 1,179,925$ TOTAL CASH AND INVESTMENTS 5,476,482$ 6,103,002$ TOTAL UNRESTRICTED 2,042,664$ 2,547,987$ *Restricted Funds ENTERPRISE FUND August 31, 2020 CASH AND INVESTMENTS Page 9 of 12 Page 104 Name Acct. #Maturity Yield Prior Period Current Balance *Pooled Cash 003-00-1000 0.05%903,554$ 359,544$ *DSF Money Market 2376105 003-00-1010 0.20%58,350 58,518 TOTAL RESTRICTED 961,904$ 418,062$ Name Acct. #Maturity Yield Prior Period Current Balance *Pooled Cash 004-00-1000 0.05%1,994,774$ 1,997,068$ TOTAL RESTRICTED 1,994,774$ 1,997,068$ Name Acct. #Maturity Yield Prior Period Current Balance *Sewer Capital Improvements MM-10% Rev 840-00-1020 0.20%1,006,332$ 1,035,383$ *Sewer Capital Reserve MM 2380226 Tap Fees 840-00-1038 0.20%1,737,037 1,916,147 *SEWER CAPITAL RESERVE - TAP FEES 2,743,369$ 2,951,530$ *Water Capital Reserve MM 2376156 840-00-1037 0.20%1,418,929$ 1,553,600$ *Pooled Cash 840-00-1000 0.05%1,485,854 945,995 TOTAL RESTRICTED 5,648,152$ 5,451,125$ *Restricted Funds ENTERPRISE CAPITAL PROJECTS FUND GENERAL CAPITAL PROJECTS FUND DEBT SERVICE FUND DEBT SERVICE & CAPITAL PROJECTS CASH AND INVESTMENTS August 31, 2020 Page 10 of 12 Page 105 Name Acct. #Maturity Yield Prior Period Current Balance *Pooled Cash 41-00-1000 0.05%618,826$ 722,256$ *Cash NOW 900020693 Prosperity 41-00-1010 0.05%331,693 331,721 *4A MM 902551273 Prosperity 41-00-1012 0.20%478,751 478,980 *Sanger TX Ind Corp CD 486639 41-00-1013 11/2/2020 0.25%95,635 95,651 TOTAL CASH AND INVESTMENTS 1,524,905$ 1,628,608$ Name Acct. #Maturity Yield Prior Period Current Balance *Pooled Cash 42-00-1000 0.05%901,402$ 1,039,527$ *Cash MM 2379694 42-00-1010 0.05%193,574 194,132 *4B CD 653500 42-00-1013 4/3/2021 0.45%22,086 22,091 *4B CD 659924 42-00-1014 11/12/2020 0.45%21,842 21,848 *4B CD 664243 42-00-1015 6/5/2021 0.45%21,938 21,943 *4B CD 673277 42-00-1016 7/9/2021 0.45%21,881 21,897 *4B CD 686115 42-00-1017 8/4/2021 0.45%21,888 21,916 *4B CD 689521 42-00-1018 9/11/2020 0.45%21,798 21,825 *4B CD 694371 42-00-1019 10/14/2020 0.45%21,872 21,899 *4B CD 697230 42-00-1020 11/17/2020 0.45%21,986 22,014 *4B CD 699934 42-00-1021 12/18/2020 0.45%21,899 21,926 *4B CD 702285 42-00-1022 1/31/2020 0.45%21,700 21,727 *4B CD 706078 42-00-1023 2/19/2021 0.45%21,600 21,627 *4B CD 720097 42-00-1024 2/9/2021 0.45%21,370 21,375 *4B CD 720119 42-00-1025 11/9/2020 0.45%21,394 21,410 TOTAL CASH AND INVESTMENTS 1,378,230$ 1,517,157$ *Restricted Funds 4B FUND 4A & 4B FUNDS August 31, 2020 CASH AND INVESTMENTS 4A FUND Page 11 of 12 Page 106 a. b. Clayton Gray Jeriana Staton Clayton Gray Jeriana Staton Finance Director Interim City Manager Ethics Disclosure and Conflicts of Interest In accordance with the PFIA,investment officers are required to file a disclosure statement with the Texas Ethics Commission and the governing body if: the officer has a business relationship with a business organization offering to engage in an investment transaction with the City (as defined in 2256.005 (i) (1-3); or the officer is related within the second degree by affinity or consanguinity,as determined under Chapter 573 of the Texas Government Code,to an individual seeking to transact investment business with the entity. PFIA 2256.005 (i). CITY OF SANGER, TEXAS INVESTMENT REPORT August 31, 2020 The Monthly Investment Report is in full compliance with the objectives,restrictions,and strategies as set forth in the City of Sanger's Investment Policy and Texas Government Code 2256.023,the Public Funds Investment Act (PFIA). The City only invests in Money Market accounts and Certificates of Deposit.Interest is paid monthly on all accounts.Therefore,book value and market value are the same and the City does not have accrued interest on its investments. Page 12 of 12 Page 107 CITY COUNCIL AGENDA MEMO AGENDA ITEM NO. 9.b. AGENDA MEETING DATE: October 5, 2020 TO: Jeriana Staton, Interim City Manager FROM: Clayton Gray, Finance Director ITEM/CAPTION: Capital Projects Recap September29, 2020 AGENDA TYPE: Regular ACTION REQUESTED: BACKGROUND: LEGAL/BOARD COMMISSION RECOMMENDATIONS/CITIZEN NOTICE FEEDBACK: FINANCIAL SUMMARY FUNDING/FISCAL IMPACT: FUNDS: STAFF RECOMMENDATION/ACTION DESIRED: ATTACHMENTS: Description Upload Date Type Capital Projects Report September 29, 2020 9/29/2020 Cover Memo Page 108 C U R R E N T P R O J E C T S Project Number Project Description % Complete Contract Change Orders Preliminary Estimate Total Budget Actual to Date Contract Change Orders Preliminary Estimate Total Budget Actual to Date Budget Actual to Date Budget Actual to Date % C001 McReynolds Road Reconstruction 100%522,919$ -$ -$ 522,919$ 486,313$ 6,314,032$ (138,473)$ -$ 6,175,559$ 6,172,965$ 133,869$ 133,869$ 6,832,346$ 6,793,147$ 99% C002 2019-2020 Street Rehab Program 84%-$ -$ -$ -$ -$ 837,682$ 837,682$ 702,720$ -$ -$ 837,682$ 702,720$ 84% E005 Wastewater Treatment Plant 100%995,203$ 313,402$ -$ 1,308,605$ 1,226,256$ 10,992,845$ 256,125$ -$ 11,248,970$ 11,289,916$ 397,247$ 397,247$ 12,954,822$ 12,913,419$ 100% E011 Water Storage Facility Rehabilitation 80%-$ -$ -$ -$ -$ 466,288$ 310,000$ -$ 776,288$ 621,599$ -$ -$ 776,288$ 621,599$ 80% Total Projects Under Contract 1,518,122$ 313,402$ -$ 1,831,524$ 1,712,569$ 18,610,847$ 427,652$ -$ 19,038,498$ 18,787,200$ 531,116$ 531,116$ 21,401,138$ 21,030,885$ 98% U P C O M I N G P R O J E C T S Project Number Project Description % Complete Contract Change Orders Preliminary Estimate Total Budget Actual to Date Contract Change Orders Preliminary Estimate Total Budget Actual to Date Budget Actual to Date Budget Actual to Date % E006 Railroad Lift Station TBD 312,266$ 589,300$ -$ 901,566$ 768,504$ -$ -$ 4,498,500$ 4,498,500$ -$ 58,011$ 2,747$ 5,458,077$ 771,251$ 14% E009 Gravity-Outfall Pipelines/Stream Restoration TBD 342,300$ -$ -$ 342,300$ 314,140$ -$ -$ 3,908,000$ 3,908,000$ 1,668$ 19,254$ 19,254$ 4,269,554$ 335,062$ 8% E010 455 Relocation of Utilities-Water & Sewer TBD 230,707$ 88,070$ -$ 318,777$ 212,454$ -$ -$ 2,500,000$ 2,500,000$ -$ -$ -$ 2,818,777$ 212,454$ 8% E011 455 Relocation of Utilities-Electric TBD -$ -$ -$ -$ -$ -$ -$ 1,500,000$ 1,500,000$ -$ -$ -$ 1,500,000$ -$ 0% Total Extimted Projects 885,273$ 677,370$ -$ 1,562,643$ 1,295,098$ -$ -$ 12,406,500$ 12,406,500$ 1,668$ 77,265$ 22,001$ 14,046,408$ 1,318,767$ 9% A L L P R O J E C T S Project Number Project Description % Complete Contract Change Orders Total Budget Actual to Date Contract Change Orders Preliminary Estimate Total Budget Actual to Date Budget Actual to Date Budget Actual to Date % Grand Totals 2,403,395$ 990,772$ -$ 3,394,167$ 3,007,667$ 18,610,847$ 427,652$ 12,406,500$ 31,444,998$ 18,788,868$ 608,381$ 553,117$ 35,447,546$ 22,349,652$ 63% CAPITAL PROJECTS RECAP September 29, 2020 E N G I N E E R I N G C O N S T R U C T I O N O T H E R T O T A L SP R O J E C T P R O J E C T E N G I N E E R I N G C O N S T R U C T I O N O T H E R T O T A L S P R O J E C T E N G I N E E R I N G C O N S T R U C T I O N O T H E R T O T A L S Page 109