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03/02/2020-CC-Agenda Packet-Regular
BANGER *TEXAS AGENDA CITY COUNCIL REGULAR MEETING MONDAY, MARCH 2, 2020 7:00 PM 502 ELM STREET SANGER, TEXAS 1. Call Meeting to Order, Invocation, Pledge of Allegiance. 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 City Council Work Session Minutes 02-03-2020 Approve the City Council Work Session Minutes for the February 3, 2020 Work Session. 2. City Council Regular Meeting Minutes 02-03-2020 Approval of the Regular City Council Meeting Minutes for February 3, 2020 Regular Meeting. 3. City Council Regular Meeting Minutes 02-18-2020 Approval of the Regular City Council Meeting Minutes for the February 19, 2020 Regular Meeting. 4. Consider Any Items Removed from Consent Agenda. REGULAR AGENDA 5. Norris Design Contract for Sanger Comprehensive Plan Update Consider, Discuss and Possibly Authorize the Mayor to Execute the Contract Between the City of Sanger and Norris Design for Consulting Services for City of Sanger Comprehensive Plan in an Amount not to Exceed $126,300. 6. Sanger Meadow Addition Phase 1- Final Plat Consider, Discuss and Act on the Final Plat of Sanger Meadows Addition, Phase 1, Being 15.928 Acres of Land, and Generally Located North-West of the Intersection of View Road and Metz Road. Page 1 7. PSA Plummer - WWTP Amendment No. 7 Consider, Discuss and Possibly Act To Approve A Professional Services Agreement with Alan Plummer Associates, Inc. For Amendment No. 7; Wastewater Treatment Plant Improvements and Expansion for Walkways for Safety and Maintenance of Facility in the Amount of $8,314.00, and Authorize City Manager to Execute Amendment. 8. Small Wireless Facilities Policy and Design Manual Consider, Discuss, and Act on Ordinance # 02-05-20 Adding Chapter 16 "Right -of -Way Management" in the City of Sanger Code of Ordinances, And Adopting City of Sanger Small Wireless Facilities Policy and Small Wireless Facilities Design Guidelines. 9. INFORMATION ITEMS: a. Racial Profiling Report Attached is a copy of information from January 1, 2019 through December 31, 2019 regarding racial profiling information set in place by policy. There have been no complaints filed with this department regarding a racial profiling incident. 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. Cheryl Price City Secretary City of Sanger, Texas February 28, 2020 at 11:45 a.m. 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) 458-7930 for further information. Page 2 SANGER CITY COUNCIL AGENDA MEMO * T E X A S AGENDA ITEM NO. a.l. AGENDA MEETING DATE: March 2, 2020 TO: Alina Ciocan, City Manager FROM: Cheryl Price, City Secretary ITEM/CAPTION: City Council Work Session Minutes 02-03-2020 Approve the City Council Work Session Minutes for the February 3, 2020 Work Session. AGENDA TYPE: Consent Agenda ACTION REQUESTED: Approval BACKGROUND: Attached for Council approval are the minutes from the February 3, 2020 Work Session. 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 City Council Work Session Minutes 02-03-2020 Upload Date Type 2/27/2020 Cover Memo Page 3 CITY OF SANGER, TEXAS MINUTES: WORK SESSION CITY COUNCIL MEETING Monday, February 3, 2020 - 6:00 PM 502 Elm Street, Sanger, Texas COUNCIL MEMBERS PRESENT: Mayor Thomas Muir; Mayor Pro Tem Bilyeu; Councilmember Marissa Barrett; Councilmember Dennis Dillon; Councilmember David Clark; Councilmember Allen Chick. COUNCIL MEMBERS ABSENT: None. STAFF MEMBERS PRESENT: City Manager Alina Ciocan; City Secretary Cheryl Price; City Engineer Tracy LaPiene; Public Works Director Jim Berman; Director of Development Services Ramie Hammonds; Planner Muzaib Riaz; Police Officer Josh Bishop. 1. Call Meeting to Order There being a full quorum present at the February 3, 2020 Work Session, the meeting was called to order by Mayor Muir at 6:03 p.m. 2. Comprehensive Plan Update Presentation on Comprehensive Plan by Rick Leisner of Norris Design and Jason Claunch of Catalyst Commercial. Director of Development Services Ramie Hammonds provided a background and introduction to the Item. She advised that staff issued a Request for Qualifications (RFQ) to create a new City of Sanger Comprehensive Plan. The City received ten responses and formed a team and scored them. Norris Design was the number one choice and received the highest score. She noted there is a companion item on the City Council Regular Agenda tonight for Council to consider selecting Norris Design and negotiation of the contract. She introduced the team for the Comprehensive Project, Rick Leisner of Norris Design and Jason Claunch of Catalyst Commercial to present the project. They each gave a brief background of their company, staff, and projects which they have worked on. In unison, they each summarized the process of Comprehensive Planning and Branding of the community together in a cohesive package to bring revenue streams back into the community and downtown Sanger. They noted that this would be an interactive procedure which would include input from staff, Council, Boards, and citizens through several steering committee meetings. They noted that public engagement is an important component of the formation of the plan such as speaking with stakeholders in the community, property owners, and understanding their concerns and hearing the opportunities they would like to present. The also involve citizens of the community for input on the different looks of development as to what they want Sanger to look like and feel like, and the development suggested is compatible with the brand of the characteristics of the community. He noted that there will also be an opportunity for public engagement which will be a direct link to their website on the City of Sanger's website showing the presentations of the plans so that if citizens cannot make the meetings, they will be able to go to the website and review Page 4 documents and provide comments online. They summarized an overview of the process, and the draft schedule, noting the first stage as defining the status of the community, gathering significant public input, and interviewing stakeholders in the community to find out what community goals and projects for the future are in Sanger. The second stage is the vision aspect of the community; and, after a set of goals is established they will go through the process of developing three different unique scenarios for community wide and the downtown area. They will also do a fiscal analysis on what each of the scenarios can do for the city. The scenarios will also include the downtown area which is a vital part of the community. Each of those scenarios will then be evaluated and a series of public meetings will be held. They noted that it is not usually one particular scenario that is voted on but may combine different components of each different scenario presented to create a preferred scenario. The preferred scenario then would be defined and another public meeting would occur with buy in and community approval (approximately in October) and then in the last few months, they would begin the technical components of writing the plan which would include the thoroughfare plan, parks and trail plan, economic implementation and strategy and touching upon some development code recommendations which will address some of the transitions which would have to happen between code and development of the community. They stressed the importance of branding, that it is not only just a logo, but sets a goal of defining a new community brand which would focus on economic development, lifestyle, community, and housing development with emphasis on what we are trying to achieve in our community. They summarized that they would provided implementation strategies and noted that this would also include a possible series of opportunities for funding, etc There was brief discussion as to qualifications and timeline to complete the project. It was noted that it would be approximately 12 to 14 months for the project to be completed to make sure that it has all of the details completed. Mayor Pro Tern Bilyeu noted that they have touched on every item on his list and he appreciated that they were so detailed. Mayor Muir noted we are looking forward to the process and briefly discussed the meeting processes and the large number of people which would be involved in forming the plan and the fact that their opinions would matter in this process. Prompted by questioning by Mayor Muir, Ramie Hammonds provided the reasons the committee chose this group over the others. She advised that their past experience working with communities that were similar sized communities and the success of those communities. Their excitement level and their vision as to what what they envisioned for the future of our City, and the fact that they were a very well rounded group and touched on all aspects of the plan and did not focus on any one specific area, but included everything (parks, roads, zoning) with equal importance. 3. 5G Small Cell Policy and Design Manual Staff Update on City of Sanger 5G Small Cell Policy and Design Manual. City Planner Muzaib Riaz was recognized to present the 5G Small Cell Policy and Design Manual. He explained that 5G is an upgrade of 4G wireless infrastructure. The 5G system is more high frequency and can carry more data but also requires a different structure in the right-of-way than 4G did because the towers and nodes have to be located closer together. Where 4G antennas required approximately two miles apart, the 5G antennas require about 300 feet apart. On December 28, 2018 there were regulations put into place by the FCC and the Texas Local Govemmetn Code which establish Shot Clocks for permitting approval, permitting fees and also limits on local government controls on where they can limit requirements of installation of small wireless infrastructure. This is why it is necessary to have some regulations in place before this comes to our community. We have consulted with HR Green to assist with formulation of the 5G Small Cell Policy and Design Manual. He summarized the 5G Small Cell Policy and Design Manual noting that it establishes uniform standards to address issues presented by the network nodes and that they do Page 3 not adversely affect the use of streets, sidewalks, alleys, parkways and other public ways and places; vehicular and pedestrian traffic; the operation of facilities lawfully located in public right of way or public property; the ability of the City to protect the environment, including the prevent of damage to trees; the character of residential and historic areas, and city parks in which network nodes may be installed and the rapid deployment of network nodes to provide the benefits of wireless services which means they have to be approved within certain time limits, etc. Some of the regulations are designated by the both the FCC and the Texas Local Government Code and there are some differences in the requirements. The City of Sanger is going with the more restrictive requirements so we are in compliance with both regulatory agencies. 4. Complete Count Committee Update Staff Update on Complete Count Committee. Director of Development Services Ramie Hammonds provided a brief update regarding the Complete Count Census Committee. She noted that they have sent out over 21 invitations to community leaders, managers at the RV and Mobile Home parks, Crisis Center, First Refuge, with an emphasis on some of the individuals which would be hard to count. There have been 10 responses back and the first meeting was held last Thursday. It was a successful meeting and once everyone understood the purpose and what the Census could do for us. They have sent these individuals links to all of the information for the Census including Social Media information, posters, flyers for them to start spreading the word. The next meeting will be toward the end of February and March is when the actual census goes out and they want to be prepared when that happens. There will be a few days offered at the library to help people to fill out the documents and the school district is also going to open their facility and have that available for parents. She summarized additional efforts to encourage participation in the Census. There was brief discussion regarding the amount of homeless within our school district. She noted that the school district is going to be a great champion for this cause and she really appreciated their participation. She also recognized the churches and other group efforts - all of the entities willing to be involved. Everyone participating was very enthusiastic once they realized what the counts could do for the future of Sanger. 5. Overview of Items on the Regular Agenda There was no overview of items on the agenda. 6. Adjourn There being no further discussion, Mayor Muir adjourned the meeting at 6:55 p.m. Page 8 SANGER CITY COUNCIL AGENDA MEMO * T E X A S AGENDA ITEM NO. a.2. AGENDA MEETING DATE: March 2, 2020 TO: Alina Ciocan, City Manager FROM: Cheryl Price, City Secretary ITEMICAPTION: City Council Regular Meeting Minutes 02-03-2020 Approval of the Regular City Council Meeting Minutes for February 3, 2020 Regular Meeting. AGENDA TYPE: Consent Agenda ACTION REQUESTED: Approval BACKGROUND: Attached for your approval are the minutes from the Regular City Council Meeting for February 3, 2020. 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 City Council Regular Meeting Minutes 02-03-2020 Upload Date Type 2/27/2020 Cover Memo Page 7 CITY OF SANGER, TEXAS MINUTES: REGULAR CITY COUNCIL MEETING Monday, February 3, 2020 - 7:00 PM 502 Elm Street, Sanger, Texas COUNCIL MEMBERS PRESENT: Mayor Thomas Muir; Mayor Pro Tern Gary Bilyeu; Councilmember Marissa Barrett; Councilmember Dennis Dillon; Councilmember David Clark; Councilmember Allen Chick. COUNCIL MEMBERS ABSENT: None. STAFF MEMBERS PRESENT: City Manager Alina Ciocan; City Secretary Cheryl Price; City Engineer Tracy LaPiene; Public Works Director Jim Berman; Director of Development Services Ramie Hammonds; Planner Muzaib Riaz; Police Officer Josh Bishop. 1. Call Meeting to Order, Invocation, Pledge of Allegiance. There being a full quorum present at the February 3, 2020 Regular City Council Meeting, the meeting was called to order by Mayor Muir at 7:04 p.m. The Invocation was given by Councilmember Chick, followed by the Pledge of Allegiance, led by Councilmember Barrett. 2. CITIZEN INPUT: Eduardo Fernandez DeCastro was recognized and voiced his concerns regarding the existing zoning at 201 N. Stemmons. He stated that no one wants to put retail on the property, that he could only get a daycare or a used car dealer. He has a good tenant and would like to keep them. It was noted that his item is on the agenda tonight and would be discussed with Item No. 7 on the regular agenda. 3. CONSENT AGENDA: Councilmember Chick asked for Item 3 b. of the Consent Agenda to be moved to Item 4. for discussion. a. Approval of Minutes City Council Work Session Meeting Minutes 01-21-2020 Approval of City Council Work Session Meeting Minutes for Tuesday, January 21, 2020. 2. City Council Regular Meeting Minutes 01-21-2020 Approval of Regular City Council Meeting Minutes for Tuesday, January 21, 2020. A motion was made by Mayor Pro Tem Bilyeu to approve the Minutes Item 3 a. 1., 2., of the Consent Agenda. "Item b." pulled from the Consent Agenda for discussion. The motion was Page S seconded by Councilmember Clark. The motion carried unanimously (5-0 vote) . b. Interlocal Cooperation Contract - Texas Department of Public Safety Approve Interlocal Cooperation Contract for the Failure to Appear Program with the Texas Department of Public Safety and Sanger Municipal Court of the City of Sanger, Denton County, to Accommodate Chapter 706 of the Texas Transportation Code; and, Authorize Mayor to Execute Contract. 4. Consider Any Items Removed from Consent Agenda. Moved from Consent for Discussion: Item 3, b. Interlocal Cooperation Contract - Texas Department of Public Safety Christy Dyer, Municipal Court Clerk was recognized to answer any questions. There was brief discussion and it was noted that this was the same contract which was approved in September 2019. The Texas Department of Public Safety made an error in the agreement and corrected the amount the Court must collect from $30.00 to $10.00. A motion was made by Councilman Clark to approve The Interlocal Cooperation Contract for the Failure to Appear Program with the Texas Department of Public Safety and Sanger Municipal Court of the City of Sanger, Denton County, to Accommodate Chapter 706 of the Texas Transportation Code; and, Authorize Mayor to Execute Contract. The motion was seconded by Councilmember Barrett. The motion carried unanimously (5-0 vote). REGULAR AGENDA 5. Comprehensive Plan Consider, Discuss, and Possibly Act on Selecting Norris Design to Develop the Comprehensive Plan for the City of Sanger and Appoint the Mayor as an Agent of the Council to Negotiate a Possible Contract with Norris Design for Comprehensive Planning Services. Mayor Muir noted that there was a detailed presentation given during the Work Session. Director of Development Services, Ramie Hammonds noted that she wanted to add that if the Council approves the Mayor to negotiate this contract tonight that staff will bring the contract back to City Council in March. She also provided the City Council with the names of the individuals who were selected to grade the proposals. There was a question as to the price and Ms. Hammonds noted that with Engineering the City can only look at proposals based on qualifications and not on price. A motion was made by Mayor Pro Tern Bilyeu to select Norris Design to develop the Comprehensive Plan for the City of Sanger and appoint the Mayor as an Agent of the Council to negotiate a possible contract with Norris Design for Comprehensive Planning Services. The motion was seconded by Councilmember Dillon. The motion carried unanimously (5-0 vote). 6. RFQ for Professional Services for Full -Service Water Storage Maintenance and Asset Management Plan Page 2 Consider, Discuss, and Possibly Act on Selecting Maguire Iron, Inc. to Provide Professional Services for Full -Service Water Storage Facilities Maintenance Plan for the City of Sanger and Appoint the Mayor as an Agent of the Council to Negotiate a Possible Contract. Director of Public Works Jim Berman summarized. He advised that the City of Sanger advertised a request for proposals for a full service water storage asset management program. The Request went out for advertisement on January 9th and 16th to the Denton Record Chronicle. There were four (4) companies that requested the RFQ and only one company that returned the request on January 23rd. After scoring the reference checks it was determined that Mcquire Iron, Inc. was the most qualified to provide the services requested. There was brief discussion noting that the idea is to bring the three facilities up to code and keep them there, also discussed was the reputation of the company and how long they have been in business (104 years). A motion was made by Councilmember Dillon to select Maguire Iron, Inc. to provide professional services for full -service water storage facilities maintenance plan for the City of Sanger and appoint the Mayor as an agent of the Council act on the contract. The motion was seconded by The motion was seconded by Mayor Pro Tern Bilyeu. The motion carried unanimously (5-0 vote). 7. 201 N Stemmons Street - SUP Conduct a Public Hearing and Consider, Discuss and Act on Ordinance # 01-02-20 Regarding a Specific Use Permit (SUP) for a Trailer/RV Sales or Rental use on a Property Zoned as B-2 (Business District - 2), and Generally Located West of I-35 and Approximately 200 Feet South of the Intersection of West Bolivar Street and I-35 Service Road. Mayor Muir read the item description and opened the public hearing at 7:23 p.m. Ramie Hammonds provided a summary for the Council and audience. The subject property is zoned "B-2" (Business District-2) and does not allow the proposed use of a Trailer/RV Sales or Rental except with a Specific Use Permit (SUP). The site currently has a SUP for the same use which was approved for two years on February 5th 2018 through Ordinance 02-03-18 and expires February 5th 2020. The applicant is requesting a new SUP to be approved for the same use to allow them to continue the use for another two years. The current facility does not meet any of the City's zoning requirements or landscaping, or any of the other requirements, Also with the I-35 expansion it will likely take part of the lot. Staff recommends denial. This was taken before the Planning and Zoning Commission and they voted to deny the project 4-2; so that means that the Council will have to pass it with a super majority in order for it to pass four (4) of five (5) Council members must vote in favor). Ron Delaughter, 13741 Alterna Drive, Haslet, Texas. He noted that he works with Rusty Delaughter who is his brother. He advised that this is a new piece of property and that anything that happened previously should not be associated with that. He noted that Rusty has been there for about seven years and explained that they have been doing well, and to explain that adjacent RV Sales also park on non -paved surfaces. He noted that they would like to be partners with the City and that the demands that have been made are somewhat arbitrary. They feel the goal line has been moved through the process. He asked that they be granted some consideration. He noted they only want to park the RV's on the front part of the property. He reiterated that what they are asking for is the ability to park the RV's on the paved hard existing surface, which was approved before. Eduardo Fernandez DeCasto was recognized and stated that they followed the advice of this entity Page 30 before and understand that they do not meet the landscaping requirement in the front. He asked that they be given some leniency because the front is going to be taken by the State for for IH-35. He explained that they would be willing to put some bushes in and would also assist with the cost to do some additional paving. He noted that these are the tenants that he has and they have improved the property significantly and they are willing to make the investment and they will provide a copy of the agreement to the tenant it will be a 50150 percent investment. He noted that they have tried for several things to go on the lot and the only interest was a used car lot. They are small business owners and are trying to make this work. Perhaps in two years when they know what TxDOT is going to take, they can then possibly put in some retail later on. Mayor Muir solicited for any additional citizens who wished to comment on the public hearing. There being no further citizens who wished to speak, the public hearing was closed at 7:35 p.m. Mayor Muir re -read the action item and asked if staff had any additional information to add. Director of Development Services Ramie Hammonds added that the SUP will expire on February 5th, 2020. She noted that the paving along the front - the City does not allow anything parked on other than a paved surface. For them to park RV's they would have to put in paving. She noted that there was never a permit applied for or received for the parking which was put in. There also was no account taken for plantings and landscaping because it wasn't submitted for permit. She also reiterated that the business to the south is a legally non -conforming business and it can continue as it is but can not expand or add anything to that site. The SUP s a different issue from that. She noted that there were some issues code enforcement issues with both businesses parking on the grass. This has been an ongoing situation and she noted that they are parking in the grass, even in the aerial photo. Mayor Pro Tern Bilyeu asked what the original requirements were for the SUP which is expiring. Ms. Hammonds noted that there was mention of landscaping and that they could not park on anything other than a paved surface. There was additional discussion regarding the original SUP, the landscaping and the paving of the parking lot and parking on unpaved surfaces. It was noted that landscaping was not part of the original agreement. There was considerable discussion regarding the applicant continuing to park the RV's on non -paved surfaces. The applicant insisted that they have not parked the RV's on the grass and that he would prove it with Google Maps. Councilmember Barrett noted that she pulled up Google Maps dated for 2020 and it does have RV's parked on the grass. Mayor Pro Tem Bilyeu noted that in order from him to vote on this SUP again, there would have to be very specific requirements for the property owner and some triggers for those items to happen. Mayor Muir noted that it would almost need to have a site plan drawn that shows what the plan for the area would be. Discussion continued with the applicant with suggestions offered by the applicant. Councilmembers echoed that the applicant would need to be very specific with what they were doing and submit a site plan with details on what they are going to do on the property which would include parking, landscaping, etc. It was noted that the applicant could continue to use the area to the south. The SUP would allow additional parking for the RV-s adjacent to their current business. It was noted that the site is not presently platted and would need to be platted if there was any development on the property. Lengthy discussion continued between the applicant, Mayor, and Councilmembers regarding the property. Councilmember Chick made a motion to deny Ordinance # 01-02-20 regarding a Specific Use Permit (SUP) for a trailer/RV sales or rental use on a property zoned as B-2 (Business District - 2), and generally located west of I-35 and approximately 200 feet south of the intersection of West Bolivar Street and I-35 Service Road. The motion to deny was seconded by Councilmember Page 41 Barrett. Councilmember Chick commented that the SUP was denied by Planning and Zoning; and, staff also recommended denial. The motion to deny carried 4-1 with Councilmember Clark voting against the motion to deny. 8. Heaths Hollow Addition - Minor Plat Consider, Discuss and Act on the Minor Plat of Lot 1, Block A of Heaths Hollow Addition, Being 1.967 Acres, in the City of Sanger, and Generally Located Approximately 300 Feet North of the Intersection of Duck Creek Road and I-35 Service Road. Director of Development Services, Ramie Hammonds summarized. The applicant is proposing to create one industrial lot of 1.967 acres from three unplatted tracts. The owner is wanting to redevelop the site with additional 40' x 80' building at the back and use the entire site for a powder coating business which is being relocated from 201 E. Chapman Road. The property is serviced by the City of Sanger utilities and has access from I-35 Service Road. The rezoning of the property to industrial zoning was approved by City Council on December 2, 2019. This is Minor Plat as no public improvements are required and the total number of lots is less than four lots. It has been reviewed by staff and the applicant has addressed staffs comments and provided a revised plat. The property abuts residential use on the west. A landscape buffer of a minimum of 15 feet must be provided along all non -industrial uses. The Planning and Zoning Commission approved the plat unanimously. She noted there is one variance that would go along with this, as follows: 1. Section 10.105.04.0 of the Subdivision Ordinance stating: Lot Shape: Lots should be rectangular where practicable. Sharp angles between lot lines should be avoided. The ratio of depth to width should not ordinarily exceed two and one-half to one (2.5:1). She noted that the approval of the plat would include the variance because of the way the lot is situated. There was brief discussion and it was noted that TxDOT is taking part of the property and the front building. Mr. Ray Halliburton was recognized and stated that they are going to build a building in the back to use for storage. It was noted that they are going to have everything indoors. They are putting in a new fire line and a new hydrant at the Fire Marshal's request. They are also putting in all new sprinklers and have spent over $250,000 to bring everything up to code. There was also brief discussion regarding what truck traffic would be coming into the site. A motion was made by Mayor Pro Tern Bilyeu to approve the Minor Plat of Lot 1, Block A of Heaths Hollow Addition, being 1.967 acres, in the City of Sanger, and generally located approximately 300 feet north of the Intersection of Duck Creek Road and I-35 Service Road which includes the variance as follows: 1. Section 10.105.04.0 of the Subdivision Ordinance stating: Lot Shape: Lots should be rectangular where practicable. Sharp angles between lot lines should be avoided. The ratio of depth to width should not ordinarily exceed two and one-half to one (2.5:1). The motion was seconded by Councilmember .Barrett. There was brief discussion regarding the variance details through questioning by Councilmember Clark and what area the property included. The motion carried unanimously (5-0 vote). 9. Sportsman 2 - Final Plat Page 52 Consider, Discuss and Act on the Final Plat of Lot 1, Block A, of Sportsman 2 Gas Station and Convenience Store Addition, Being 4.108 Acres, and Generally Located South East of the Intersection of Lois Road East and I-35 Service Road. Director of Development Services Ramie Hammonds summarized. This is a project that the City Council has seen before, the Sportsman 2. The applicant is proposing to develop a Gas Station and Convenience Store on approximately 4.108 acre site zoned as B-2 (Business District -2). The proposed project is a convenience store and fueling facility. It will consist of 11,497 square fee of building, seven regular gas pumps, six separate diesel pumps, and two separate canopies. The site will contain an approximately 1,600 square foot stand along 2 bay tire shop and include 15 parking spaces for overnight semi -truck parking. The existing structure at the site will be demolished. All proposed uses are permitted in B-2 zoning district. The property will be served by the City of Sanger Wastewater and Electric. The property will be required to meet all of the City of Sanger cods and ordinances . Applicant has submitted revised plat and response letter addressing staff comments. Engineering plans have been reviewed by the City Engineer. Staff recommends approval. The Planning and Zoning Commission approved the plat unanimously with a condition that all of staff s comments be addressed before approval by City Council. Chris Frerich, Eikon, the Civil Engineer for the project was recognized. He summarized the project as noted above and noted that the only outstanding issue was the water line profile. He advised they are ready to start demolition and ready to start construction. He noted he would answer any questions. Councilmember Dillon asked what he meant by the water line profile. Mr. Frerich noted that in order to construct this project and get fire flow to the building they are going to extend the City water main. Bolivar Water Supply can not supply the sufficient GPM. The water CCN is Bolivar Water and they must purchase their water from Bolivar Water Supply. Fire flow does not apply and is not a regulated entity under CCN's. The Fire Flow will come from Sanger and the domestic water supply will come from Bolivar Water. There was considerable discussion regarding the size of the water line and the CCN belonging to Bolivar Water. It was noted that the City of Sanger would bill for wastewater usage with either a flat rate, or Bolivar Water will supply the City with monthly metering reports and will bill based on the water usage. A motion was made by Mayor Pro Tern Bilyeu to approve Final Plat of Lot 1, Block A, of Sportsman 2 Gas Station and Convenience Store Addition, being 4.108 Acres, and generally located south east of the intersection of Lois Road East and I-35 Service Road. The motion was seconded by Councilmember Barrett. The motion carried with a 4-1 vote with Councilmember Chick voting in opposition. 10. Ordinance # 02-06-20 - Amending Fee Schedule- Building and Construction Fees Consider, Discuss and Possibly Act on Ordinance # 02-06-20 Amending Appendix A "Fee Schedule" of the Code of Ordinances, Article 2.000 "Building and Construction Fees" Sec. 2.300 "Single Trade Permit Fees". Director of Development Services Ramie Hammonds summarized. She noted that this is a Fire Department Amendment and she is presenting it for them because they could not be at the meeting tonight. We recently had our Fire Marshal resign so the City is without a Fire Marshal at this time which really hinders review and inspection. We are looking to contract with a third party to do fire inspections, but we need, in order to do that, have some fees in place to pay for it. The only change Page 63 in the whole fee schedule is number 7 which reads: 7. For the 3rd party Fire review and/or inspections: Actual cost plus an administrative fee of 5% of the total cost of the 3rd party review and/or inspections. Councilmember Clark asked what about current applications. Ms. Hammonds noted that they have one application on hold and have not heard back from the previous Fire Marshal regarding it, so that is one of the reasons we need to get the third party reviewer in place. A motion was made by Mayor Pro Tem Bilyeu to approve Ordinance # 02-06-20 amending Appendix A "Fee Schedule" of the Code of Ordinances, Article 2.000 "Building and Construction Fees" Sec. 2.300 "Single Trade Permit Fees". The motion was seconded by Councilmember Dillon. The motion carried with a 4-0 vote, Councilmember Clark voting in opposition. 11. Bureau Veritas Fire Services Contract Consider, Discuss and Act on an Amendment to the Standard Professional Services Agreement Between Bureau Veritas North American and the City of Sanger by Adding Additional Scope of Services and Fee Schedule; and Authorize the Mayor to Execute Said Amendment. Ramie Hammonds was recognized to give a summary. This is a companion item to the previous item. This is an extension of our Contract with Bureau Veritas. We use them when our Building Inspector is out on leave and is not available to do inspections. This would be adding fire Inspections to that contract. This helps the city do inspections in a timely manner and helps with the shot clock requirements. A motion was made by Mayor Pro Tem Bilyeu to approve an Amendment to the Standard Professional Services Agreement Between Bureau Veritas North American and the City of Sanger by adding additional Scope of Services and Fee Schedule; and authorize the Mayor to execute said Amendment. The motion was seconded by Councilmember Clark. The motion carried unanimously (5-0 vote). 12. Ordinance #02-04-20 - Ordering and Providing Notice of General Election For Mayor and Two City Council Members - Places 2 and 4; Approval of Joint Election Agreement.with Denton County. Consider, Discuss and Possibly Act on Ordinance #02-04-20 - Ordering and Providing Notice of General Election for the Purpose of Electing Mayor, City Council Member Place 2, and City Council Member Place 4; Authorizing the Mayor to Sign the Ordinance; and, Providing for an Effective Date; Approving and Authorizing the Mayor and Council Members to Sign the Order of Election for the City of Sanger's May 2, 2020 General Election; and, Approve and Authorize the Mayor to Sign the Joint Election Agreement and Contract with Denton County Election Services for the May 2, 2020 General Election. Mayor Muir read the agenda item. Mayor Pro Tem Bilyeu noted that this item is an annual item for the Election and it is self-explanatory and proposed a motion. A motion was made by Mayor Pro Tem Bilyeu to approve Ordinance #02-04-20 - ordering and providing Notice of General Election for the purpose of electing Mayor, City Council Member Place 2, and City Council Member Place 4; authorizing the Mayor to sign the Ordinance; and, providing for an effective date; approving and authorizing the Mayor and Council Members to Sign the Order Page T4 of Election for the City of Sanger's May 2, 2020 General Election; and, approve and authorize the Mayor to Sign the Joint Election Agreement and Contract with Denton County Election Services for the May 2, 2020 General Election. The motion was seconded by Councilmember Clark. The motion carried unanimously (5-0 vote). 13. INFORMATION ITEMS: a. All American Dogs Report 12-2019 All American Dogs Report for December 2019. There was no discussion on Information Items. 14. FUTURE AGENDA ITEMS: No proposals for future agenda items. 15. ADJOURN. There being no further items for action or discussion on the agenda, Mayor Muir adjourned the meeting at 9:08 p.m. Page $5 SANGER CITY COUNCIL AGENDA MEMO * T E X A S AGENDA ITEM NO. a.3. AGENDA MEETING DATE: March 2, 2020 TO: Alina Ciocan, City Manager FROM: Cheryl Price, City Secretary ITEMICAPTION: City Council Regular Meeting Minutes 02-18-2020 Approval of the Regular City Council Meeting Minutes for the February 19, 2020 Regular Meeting. AGENDA TYPE: Consent Agenda ACTION REQUESTED: Approval BACKGROUND: Attached for Council approval are the February 18, 2020 City Council regular meeting minutes. 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 City Council Regular Meeting Minutes 02-18-2020 Upload Date Type 2/27/2020 Cover Memo Page 16 CITY OF SANGER, TEXAS MINUTES: REGULAR CITY COUNCIL MEETING Tuesday, February 18, 2020 - 7:00 PM 502 Elm Street, Sanger, Texas COUNCIL MEMBERS PRESENT: Mayor Thomas Muir; Mayor Pro Tem Gary Bilyeu; Councilmember Marissa Barrett; Councilmember Dennis Dillon; Councilmember David Clark. COUNCIL MEMBERS ABSENT: Councilmember Chick. STAFF MEMBERS PRESENT: City Manager Alina Ciocan; City Secretary Cheryl Price; City Engineer Tracy LaPiene; Public Works Director Jim Berman; Director of Finance Clayton Gray; Police Officer Josh Bishop. 1. Call Meeting to Order, Invocation, Pledge of Allegiance. There being a full quorum present at the February 18, 2020 Regular City Council Meeting, the meeting was called to order by Mayor Muir at 7:01p.m. The Invocation was given by Mayor Muir, followed by the Pledge of Allegiance, led by Councilmember Barrett. 2. CITIZEN INPUT: There were no citizens who came forward wishing to speak. AGENDA ORDER CHANGED - Mayor Muir noted that there were some citizens in the audience who were waiting for their item on the Agenda. As a courtesy, the items where citizens were present were addressed before the City Council went into Executive Session - Agenda Items 5, 6, and 10 were considered and are ordered in the minutes in the original agenda order for sequence. 3. EXECUTIVE SESSION Pursuant to the Open Meetings Act, Chapter 551, the City Council Will Meet in a Closed Executive Session in Accordance with the Texas Local Government Code: a. Section 551.071 - Consultation with Attorneys. Section 551.071 (Texas Local Government Code) Consultation with Attorneys. Mayor Muir read Item No. 3 Executive Session Agenda Item and the City Council convened into Executive Session at 7:15 p.m. 4. RECONVENE: OPEN MEETING: Any Action Taken. City Council reconvened back into public forum from Executive Session at 8:18 p.m. There was no Page 17 action taken during Executive Session. REGULAR AGENDA 5. Ordinance #02-08-20 - Budget Amendment FY 2019-2020 Consider, Discuss and Act on Ordinance #02-08-20 — Amending Ordinance #09-25-19, Which Will Amend the Budget for the 2019-2020 Fiscal Year and Authorizing Amended Expenditures as Provided; Providing for the Repeal of all Ordinances in Conflict; Providing for a Severability Clause; and Providing for an Effective Date. Director of Finance, Clayton Gray was recognized to provide a summary. He noted that this Budget Amendment is for several items Director of Public Works, Jim Berman has recently presented to Council. Specifically, the Acker ground storage tank $137,529.00;Cowling Ground Storage Tank $171,224.00; and, Well #6 $157,535.00. The total is $466,288.00 and this budget amendment will fund these three projects. This item is for Water Utilities and will be funded out of the Enterprise Fund. Mayor Muir noted that there has been previous discussion regarding this item and solicited any discussion or questions. There was no discussion. A motion was made by Mayor Pro Tern Bilyeu to approve Ordinance #02-08-20 — amending Ordinance #09-25-19, which amends the Budget for the 2019-2020 Fiscal Year and authorizes amended expenditures as provided; providing for the repeal of all Ordinances in conflict; providing for a severability clause; and providing for an effective date. The motion was seconded by Councilmember Clark. The motion carried unanimously (4-0 vote - Councilmember Chick Absent). 6. Water Storage Maintenance Contracts Consider, Discuss, and Possibly Act on Approving the Full -Service Water Storage Facilities Maintenance Contracts for the Following Facilities, Cowling Ground Storage Tank, Acker Ground Storage Tank, and the Well #6 Pedishere Sphere Elevated Tank and Authorize the Mayor to Execute Contracts. Director of Public Works Jim Berman summarized. At the last meeting the City Council gave approval to negotiate the contract. The contracts are complete and the stated prices which were originally in the contracts are the same. A budget amendment to cover the contracts was just approved. Mr. Berman stated that staff is requesting approval of the contracts and to authorize the Mayor and City Manager to sign the contracts so they can get started on the projects. A motion was made by Councilmember Clark to approve the Full -Service Water Storage Facilities Maintenance Contracts for the Following Facilities, Cowling Ground Storage Tank, Acker Ground Storage Tank, and the Well #6 Pedishere Sphere Elevated Tank and Authorize the Mayor and City Manager to Execute Contracts. There was brief discussion regarding the duration of the maintenance contract and it was noted that any increase in costs were capped at 5 percent. The motion was seconded by Councilmember Dillon. The motion carried unanimously 4-0 vote - Councilmember Chick absent). 7. Ordinance 02-07-20 Amending Utility Billing Procedures Page 28 Consider, Discuss and Act on Ordinance #02-07-20 - Amending the Code of Ordinances, Chapter 13 "Utilities", Article 13.1600 "Utility Billing Procedures", Section 13.1603 "Service to be Disconnected When Delinquent", Section 13.1608, "Adjustment of Excess Water Bill if Leaks Are Repaired", Section 13.1609, "Adjustment of High -Volume Water Bill", and Adopting Section 13.1610, "Adjustment for Billing Errors" ; Providing for the Repeal of all Ordinances in Conflict; Providing for a Severability Clause; and Providing for an Effective Date. Director of Finance Clayton Gray provided a summary of the item. There are three items in relation to Utility Services which this Ordinance amends: Allowing delay of the disconnection of residential utility service during extreme weather conditions. 2. Adding a requirement for leak and high volume adjustments and for meter tampering. 3. Specifying the process for correcting billing errors. Mr. Gray provided a powerpoint presentation and explained each change in detail. There was general discussion with the Council regarding different scenarios on each of the items. There was also brief discussion regarding the fact that we need to be planning, and at some point we need to upgrade our metering system. A motion was made by Mayor Pro Tern Bilyeu to approve Ordinance #02-07-20 - amending the Code of Ordinances, Chapter 13 "Utilities", Article 13.1600 "Utility Billing Procedures", Section 13.1603 "Service to be Disconnected When Delinquent", Section 13.1608, "Adjustment of Excess Water Bill if Leaks Are Repaired", Section 13.1609, "Adjustment of High -Volume Water Bill", and adopting Section 13.1610, "Adjustment for Billing Errors"; providing for the repeal of all Ordinances in conflict; providing for a severability clause; and providing for an effective date. The motion was seconded by Councilmember Barrett. The motion carried unanimously (4-0 vote - Councilmember Chick absent). 8. Report on Utility Billing Cycles Report on Utility Billing Cycles Provided by Clayton Gray, Director of Finance. Director of Finance Clayton Gray provided a summary of the item. He noted he has briefed the Council on this item back in September. In October we updated our Ordinances to update the billing cycles into two billing cycles. He noted that Zone 1, west of the railroad tracks will stay the same and be billed at the first of the month. He noted that Zone 2, all of the utility accounts east of the railroad tracks (approximately 900 accounts) will be billed four days later on the 5th. He explained that this was the cleanest way to do this with the least amount of inconvenience to the residents. He summarized the details from meter reading dates to final billing dates.It was noted that the Penalty date for Zone 1 would be the 16th and for Zone 2 the 21 st. Disconnect for Zone 1 is the 28th and for Zone 2 the 2nd. He noted they are putting signs out at the entrances to subdivisions affected next Monday. There will be postcards mailed out to Zone 2 with the information and it will also be included on the City website and social media. He noted that no one is having to pay their utility bill earlier. Mr. Gray noted that eventually we would have to add more cycles as we grow and in the future we will have to replace our metering system with smart metering which allows for billing on any day. There was general discussion regarding details of the changes and how the plan would transition. It was noted that it would be minimal impact on the customers. 9. Ordinance # 02-09-20 Amending Subdivision Ordinance Page 39 Consider, Discuss and Possibly Act on Ordinance #02-09-20 Amending the Code of Ordinances Chapter 10, Article 10.100 "Subdivision Ordinance" To Revise Plat Requirements Providing For Review and Approval of Construction Plans For Public Improvements; Providing For Review and Approval of Construction Plans For Public Improvements; Providing for Repeal; Severability Clause; Penalty; and. An Effective Date. City Engineer Tracy LaPiene summarized. The purpose of these amendments is to put the construction plan section apart from the final plat approval process and to change the professional review responsibility to the City Engineer, and to remove the review from the time limits imposed by House Bill 3167 (the so called shot -clock provisions). Legal has reviewed the Ordinance and these were the recommendations which were provided to give the City Engineer the approval authority to make comments. This also bypasses the time line of the shot -clock and which would still have the same review period, but would run independently. He noted over the coming months there will be more clarification as there are more challenges to the House Bill. Mr. LaPiene noted that he will be making more revisions in the future, but in the meantime he wanted to get this change to Council as soon as possible. Mayor Pro Tern Bilyeu noted the ordinance and questioned if there was going to be any changes under procedure and what the Letter "T. Reserved" meant, Mr. LaPiene noted that the section was moved from the Section T, leaving that section for a future amendment and a new Section 10.104.06 Construction of Improvements was included. It was noted that the Ordinance would take effect after publication on Thursday. A motion was made by Mayor Pro Tem Bilyeu to approve Ordinance #02-09-20 amending the Code of Ordinances Chapter 10, Article 10.100 "Subdivision Ordinance" to revise plat requirements providing for review and approval of construction plans for public improvements; providing for repeal; severability clause; penalty; and. an effective date. The motion was seconded by Councilmember Clark. The motion carried unanimously (4-0 vote- Councilmember Chick absent). 10. City of Sanger - Superior Public Water System Acknowledgement of the City of Sanger Having Received a Superior Public Water System Rating in Accordance with Texas Commission on Environmental Quality Standards, and Authorize City Manager to Execute Agreement Related to Installation and Maintenance of Related Signage. Director of Public Works Jim Berman noted that the City of Sanger is rated as having a a Superior Public Water System from the Texas Commission on Environmental Quality (TCEQ). This rating is the highest rating given to water systems for meeting the stringent water quality evaluation criteria. TCEQ has authorized the City to install standard highway markers on the recognized highways leading into the area serviced by the City of Sanger. The City will to put up the signs and maintain them at our own cost. If the TCEQ determines the rating of the supply has fallen below the required standards it is the responsibility of the City to remove the signs. There was a brief discussion regarding scenarios as to what would require the signs to be removed. A motion was made by Mayor Pro Tem. Bilyeu with acknowledgement of the City of Sanger having received a Superior Public Water System Rating in accordance with Texas Commission on Environmental Quality (TCEQ) Standards, and authorize City Manager to execute agreement related to installation and maintenance of related signage. The motion was seconded by Councilmember Clark. The motion carried unanimously (4-0 vote - Councilmember Chick absent). 11. TCEQ Proposed Agreed Order: Wastewater Page 20 Consider, Discuss and Possibly Act on Texas Commission on Environmental Quality (TCEQ) Proposed Agreed Order: Wastewater. No action taken. 12. Easement Acquisition: Wastewater Infrastructure Consider, Discuss and Possibly Act on Easement Acquisition for Wastewater Infrastructure. No action taken. 13. INFORMATION ITEMS: a. Disbursements - 01/2020 Disbursements - January 2020 b. Monthly Financial Report - December 31, 2019 C. Capital Projects Recap - February 4, 2020 d. All American Dogs - January 2020 Report All American Dogs Report Update through January 2020. There was no discussion on the Information Items. 14. FUTURE AGENDA ITEMS: There were no proposed future agenda items. 15. ADJOURN. There being no further agenda items for discussion, Mayor Muir adjourned the meeting at 9:06 p.m. Page 3 1 SANGER CITY COUNCIL AGENDA MEMO * TEXAS AGENDA ITEM NO. 5. AGENDA MEETING DATE: March 2, 2020 TO: Alina Ciocan, City Manager FROM: Muzaib Riaz, Planner, Development Services ITEM/CAPTION: Norris Design Contract for Sanger Comprehensive Plan Update Consider, Discuss and Possibly Authorize the Mayor to Execute the Contract Between the City of Sanger and Norris Design for Consulting Services for City of Sanger Comprehensive Plan in an Amount not to Exceed $126,300. AGENDA TYPE: Regular ACTION REQUESTED: Approval BACKGROUND: Norris Design has been selected as the finalist from among 10 firms for the City of Sanger Comprehensive Plan update by the Sanger Comprehensive Plan RFQ Review Committee after rigorous evaluation, and interviews of the top three firms. The Committee based their evaluation on qualitative criteria including adherence to RFQ instructions, Qualifications of the firm, qualifications of the team members, experience with similar sized municipalities for comprehensive planning services, technical understanding of the project, methodology and approach, overall comprehension of the project, and public engagement approach. The contract has been reviewed by the attorney and all required revisions have been made. LEGAL/BOARD COMMISSION RECOMMENDATIONS/CITIZEN NOTICE FEEDBACK: N/A FINANCIAL SUMMARY - FUNDING/FISCAL IMPACT: N/A FUNDS: N/A STAFF RECOMMENDATION/ACTION DESIRED: Page 22 Staff recommends APPROVAL of signing of Contract with Norris Design for City of Sanger Comprehensive Plan Update. ATTACHMENTS: Description Upload Date Type Norris Design Contract for Comprehensive Plan Update with Exhibits 2/24/2020 Exhibit Page 23 JJJJ NO&KIS DESIGN Planning I Landscape Architecture I Branding 21 February 2020 City of Sanger Muzaib Riaz, Planner Development Services 201 Bolivar Street Sanger, TX 76266 Sanger Comprehensive Plan Sanger, TX PROJECT DESCRIPTION Norris Design will complete a Comprehensive Plan and community branding for the City of Sanger which include a vision statement, goals and objectives that are reflective of the growing community. The plan will consist of approaches for downtown revitalization, community mobility, growth, and new economic development. The implementation focus will include strategies for downtown redevelopment as the heart and core of the City. The overall plan elements will have a clear framework serving as a blueprint for the future of Sanger. SCOPE OF WORK The scope of work for the Sanger Comprehensive Master Plan Update is "exhibit A" for this agreement. Exhibit A will be attached to the document in its complete format. Tasks in the scope (Exhibit A) will include: TASK 1 BASELINE ANALYSIS & MAPPING TASK 2 COMMUNITY BRANDING TASK 3 COMMUNICATION, VISION AND OUTREACH TASK 4 FUTURE LAND USE TASK 5 PARKS, TRAILS & OPEN SPACE TASK 6 CONCEPTUAL MOBILITY / TRANSPORTATION ELEMENT TASK 7 DOWNTOWN REVITALIZATION ELEMENT TASK 8 IMPLEMENTATION & ECONOMIC DEVELOPMENT STRATEGIES TASK 9 COMPREHENSIVE PLAN ADOPTION & PUBLIC PARTICIPATION Optional Tasks Norris Design has the ability to provide graphic design and marketing services to assist with future promotion goals. This can include but is not limited to: - Detailed site design - Specific plans - Promotional video - Copywriting - Photography Page 24 JJJJ NOKKIS DESIGN Planning I Landscape Architecture I Branding AGREEMENT QUALIFICATIONS A. Assumptions The client shall provide to Norris Design the following information or services as required for performance of the work. Norris Design assumes no responsibility for the accuracy of such information or services and shall not be liable for errors or omissions therein. Should Norris Design be required to provide services in obtaining or coordinating compilation of this information, such services shall be billed as Additional Services. In order to begin work, we may require the following information. 1. City Boundary 2. Aerial Photography 3. Topographic Survey 4. Wetlands Report 5. Market Research 6. Traffic Study B. Time Schedule A graphic project schedule defining the project length in months and weeks for the Sanger Comprehensive Master Plan Update is "exhibit B" for this agreement. Exhibit B will be an estimated schedule for completion of the project. There are many events and items that can occur which will change the schedule. It is only an estimate. Exhibit B will be attached to the document. C. Definitions The following definitions are provided to give clear understanding of terms that may be used to describe the Scope of Work within Tasks listed throughout this agreement. Term Definition Attend Norris Design will be present at meetings and hearings as described in the task action items Review Analysis of documents necessary to understand the project, provide feedback to the Owner or consultant team and to understand the impacts of the consultant teams work on the services provided by Norris Design Assist Provide input and/or information to the Owner or consultant team to assist them with their work and products Develop Plans, documents and products generated by Norris Design Coordinate Plans, documents, products, people, schedules and information gathered, organized and/or submitted by Norris Design Provide Plans, documents and products made available by Norris Design Minor Revisions Revisions requiring less than 25 percent of the original time spent on a drawing, document or total task item TERMS AND CONDITIONS A. Standard Terms 1. This agreement is based on the understanding that the client will proceed with the project in an expeditious manner from acceptance of contract terms. If the project is delayed more than one -hundred twenty (120) days from the start of work, it is understood and agreed that the standard hourly rates and the Total Fee may be subject to change requiring a new agreement. 2. Request to perform tasks, acceptance of documents or knowledge by the Client or Client's Representative of work being performed constitutes acceptance of the Scope of Work, Fees Schedule, Agreement Qualifications, Terms and Conditions and Additional Services provisions as identified in this proposal. 3. Norris Design will invoice work on a percentage N of tasks completed, at a monthly basis. Page 25 JJJJ NOKKIS DESIGN Planning I Landscape Architecture I Branding Fees for each task are an estimate. Services and fees will not exceed the total contract amount unless agreed upon as additional services. 5. Expenses, including but not limited to printing costs, local meals, mileage and other miscellaneous project costs will be billed at cost, within the total contract (Not to Exceed) amount defined on the following page. Mileage will be reimbursed at the Federal Government allowable rate. 6. Client agrees to pay all invoiced fees and costs within 30 days of receipt of billing. Billings will be sent via email from Norris Design to the City's project manager and/or accounting department individual as instructed for processing. 7. Payment will not be subject to the approval of the project and/or the cash flow status of the project. 8. Past due invoices shall be assessed a 1.5 percent late charge for each month past due. In the event fees and/or costs are not paid when due, Client agrees to pay all costs of collection including reasonable attorney's fees. 9. Norris Design may stop work on the project if fees are not paid and reserves the right to file liens utilize any legal methods to secure payment. 10. Revisions exceeding Minor Revisions or additional tasks requested by the Client will be billed at the Standard Hourly rates in addition to the fixed fees or a specific fee will be authorized for the additional work prior to commencement. 11. Any revisions, additional meetings or public hearings not identified in this proposal will be considered additional services. 12. All documents and products developed under this agreement shall remain the property of Norris Design until all fees have been paid in full. Norris Design reserves the right to request the return of any documents or products from the Client, municipal governments or other third -party entities if fees have not been paid in full. Norris Design shall retain full ownership of all documents and products that have not been paid for under the terms of this agreement. 13. The Client shall have the rights to utilize documents and products, provided under this agreement, for their intended purpose once all fees have been paid in accordance with this agreement. 14. If the Client utilizes any documents or products covered under this agreement, the Client acknowledges that they have reviewed and understand the information conveyed within said document or product. 15. Any documents or products developed under this agreement by Norris Design shall only be utilized by the Client or their successors for the project or for services, which have been contracted. The Client or their successors shall not utilize these documents or products on other projects or provide these documents or products to others for use on other projects. 16. Norris Design shall not be responsible for any harm to the Client or their successors if documents or products developed under this agreement are utilized in ways that they are not intended. This includes, but is not limited to, preliminary level designs being utilized for entitlement documents, entitlement level documents being utilized for construction and revisions to construction documents that are not performed by Norris Design. 17. Norris Design shall not be responsible for any harm to the Client or their successors if the Client or their successors direct the recipient of any documents or products to deviate from the direction or purpose of the information provided in said document or product. 18. Norris Design shall not be responsible for information provided to Norris Design by the Client or other project team members not subcontracted by Norris Design. Norris Design assumes no responsibility for the accuracy of such information or services and shall not be liable for errors or omissions therein unless specifically contracted to review and verify the accuracy of such information. 19. Norris Design reserves the right to utilize any documents or products developed under this agreement for marketing and promotional purposes. The Client may restrict Norris Design in the use of these documents or products upon written notice to Norris Design prior to development of these documents or products. 20. Either party may terminate this agreement upon 30 days written notice to the other. Upon termination Norris Design will provide Client all task items billed and paid for and Client shall pay all fees and costs for tasks completed at time of termination. Page 26 JJJJ NOKKIS DESIGN Planning I Landscape Architecture I Branding 21. If any part of this agreement shall be held unenforceable, the rest of this agreement shall nevertheless remain in full force and effect. B. Standard Hourly Rates (used only if additional work is desired) Principal $ 110.00 - $ 150.00/Hour Senior Planner/Landscape Architect $ 85.00 - $ 110.00/Hour Planner/Landscape Architect $ 65.00 - $ 85.00/Hour Graphic Designer $ 80.00 - $ 90.00/Hour IT Specialist $ 90.00/Hour Clerical $ 65.00/Hour C. Fee Schedule Phase Tasks Fee by Phase / Task Phase 1 (tasks 1-3)* $ 32,450 Phase 2 (tasks 4)* $ 27,200 Phase 3 (tasks 4-9)* $ 20,350 Market & Economics (tasks 1, 4 & 8)* $ 27,950 Branding (tasks 2 & 3)* $ 16,500 Project Expenses (1.5%) 1,850 Total Fee Estimated Not to Exceed $126,300 * Generally, as tasks and related assignments are defined. D. Acceptance and Agreement Norris Design shall provide the services described within the Scope of Work per the Fee Schedule as identified in this proposal. The undersigned shall provide payment based on the Agreement Qualifications and the Terms and Conditions as identified in this proposal. If the conditions of this contract are acceptable, please sign and return a copy for our files. We look forward to working with you on this project. Norris Design, Inc. City of Sanger, Texas r Ricf eisner ir Name Printed Name Title Date Printed Name Title Date Page 27 Sanger Comprehensive Plan Update Scope of Services — Exhibit A Introduction Basic Approach - The Norris Design (ND) team is proposing an approach to this project that will result in an innovative and useful Comprehensive Plan will have the following attributes. Our working style and basic approach have three guiding principles: I. Team Approach: By team approach we mean, not only the consultant team that has the technical expertise in various substantive elements that comprise a Comprehensive Plan. II. Public Involvement: To effectively involve civic OOOpoo organizations, individual citizens and make them a part of the planning team, a structured approach to public involvement is required. III. Problem Solving Orientation: By problem solving oriented we mean that the process will proceed to what the community and city leadership wants and needs! — Its goals, objectives and enabling policies. Phase Overview Phase I Project Initiation and Existing Community Status Phase II City Wide Vision Plan Phase III Comprehensive Plan & Implementation Phase I - Project Initiation and Existing Community Status TASK 1 BASELINE ANALYSIS & MAPPING 1.1 Kick-off Introduction Meeting (1) The team will meet with the city and their team to review and agree on process for the following: project management, project schedule and project meetings. A graphic project schedule will be presented. 1.2 Base Mapping The City will provide the most recent GIS base maps available of the City of Sanger boundary limits in an electronic format. The consultant will utilize these maps to develop the other maps needed in the comprehensive Plan. 1.3 Review of City of Sanger Reports and Related Data The team will review and study the following data and reports provided by the city that relates to development potential, facilities, sustainability, community safety, open space, environment and redevelopment of areas. 1.4 Population / Demographics / Socioeconomics Demographic data required for analysis. Data sources will be gathered by the ND team from local sources and current population models. Historical perspective for city, county and state data. Page I 1 Page 28 1.5 Existing Land Use The ND team will develop a plan graphic that defines the general location of existing land uses in the comprehensive planning area. The team will complete a visual reconnaissance of the City of Sanger, taking digital photographs to record issues. 1.6 Real Estate Market Analysis The ND team will develop series of real estate growth projections for the city. Undertake build -out market analysis with housing and retail/commercial activation assessment to facilitate baseline and scenario options for buildout projections. i. Market Demand - Conduct a high-level market demand for housing, retail, office, and other commercial demand link findings relate to Downtown and up to three (3) key strategic locations ("Catalyst sites"). ii. Existing Demographic Conditions — Create a profile of Sanger in context of state and local trends in terms of population, income, age, education, race, ethnicity, workforce population, talent clusters and employment growth projections to understand Sanger's position in the region. Deliverables: 1.1 Kick-off Introduction Meeting 1.2 Base map (data from City) 1.3 Existing Land Use graphic (data from City) 1.4 Real Estate Market Analysis TASK 2 COMMUNITY BRANDING 2.1 Immersion & Analysis The branding process for the City of Sanger will run parallel to the comp plan and will focus on creating that new identity, vision and graphic for the community. This brand will allow the city to compete better in economic development matters and will provide its citizens a new sense of pride. 2.1.1 Research the area's history. People, community, places, events, traditions, and stories that define Sanger today. 2.1.2 Research the primary and secondary users. Demographics, beliefs, values, desires, needs, challenges. 2.1.3 Research relevant trend space. Tech, cultural, consumer, economic, lifestyle trends. 2.1.4 Research the on -site sensory experience. Key community attractions, sounds, scents, flavors, textures, behaviors. 2.1.5 Research town directives, thoughts & opinions. Who they are, what they want/don't want, etc. 2.2 Brand Development 2.2.1 Conduct the Design Story workshop. Explore audience/community needs, distinguishing factors, design possibilities. Page l2 Page 29 2.2.2 Craft the Design Platform. Build the master concept that tells a central story and drives all design. a. Identify the Brand Purpose/Position. Create the "North Star" that drives project intent. b. Identify the "Big Idea." Craft a central design concept and positioning story that drives creativity. c. Identify the Design Principles. Create key design tenets that will guide place creation. 2.2.3 Create the Brand Identity. The logo for Sanger, colors, photography, and persona that brings our strategy to life. Deliverables: 2.1 Brand development schedule 2.2 Immersion & Analysis documents 2.3 Brand Development documents 2.4 Design Platform 2.4 Brand Identity - logo for Sanger, colors, photography and text TASK 3 COMMUNICATION, VISION AND OUTREACH 3.1 Stakeholder Interviews (30 minutes each) The ND team will conduct thirty individual (30) interviews or in small groups (2-3) to solicit input regarding Sanger, community growth, community quality and/or goals for the new Comprehensive Plan. The specific list of people to be interviewed will be provided by the city. The ND team will produce the interview questions prior to the interviews. The city will Contact and organize the list of people being interviewed and supply the private rooms for interviews over a 2-week period. Stakeholder interviewee's will likely come from the following list: • Mayor • City Council • Planning Commission (P&Z) • City Manager • City Department Heads and Directors • Chamber of Commerce • Business Leaders, Downtown and Community Leaders, etc. Building consensus and enthusiasm around a shared vision requires the mindful consideration of the need to be informed and engaged. All of us need to have the confidence that we belong, and that our opinions and needs count. As people, we are much more willing to accept an overall plan, even if we do not necessarily agree with every component, so long as our ideas and needs are sincerely considered. Our process of facilitation will place a heavy premium on each of these considerations as it works to build and maintain an atmosphere of trust throughout. 3.2 City Presentations & Meetings The ND team will be conducting regularly scheduled presentations to a series of interested stakeholders. These presentations will be focused on the specific topic of the month as the process evolves. Page l3 Page 30 3.2.1 Steering Committee Meetings O O The steering committee (identified by the city with assistance from ND) will serve as a review, input, and directional body for the comprehensive Plan throughout the planning process. The ND team will meet monthly during the planning process to present topical materials for committee background, discuss critical issues related to the development of the Comprehensive Plan, and obtain feedback and direction from the committee. Each meeting we will define an action for the committee to define goals, issues or more. 3.3 Public Relations Plan The ND team will develop and maintain a series of communication systems that are specifically targeted for Sanger to receiving input during the planning process. The modes of communication target the many different organizations and social - economic groups in the community. 3.3.1 Comprehensive Plan Logo (branding) The ND team will partner with the city to develop a project specific branding strategy to allow for the project to have a consistent and commonly known name for project stakeholders. Three (3) drafts to one preferred logo. 3.3.2 Print Materials The ND team will design and print posters, flyers and cards for use prior to Public Workshops. Each will include key information for the upcoming event. The ND team will provide a digital file to assist printing by the city. Distribution of these items will require city staff. - Flyers (11 "x17" — used in windows and lobbies) - Cards (4"x6" — used as hand-outs around City) 3.3.3 Social Media Campaign The ND team will upload images, planning concepts and/or information about up -coming public meetings on several social media sites listed below. This will mainly be near dates of public meetings and the planning charrette. Creation of social media graphic to promote events & meetings. Facebook (www.facebook.com), people who follow updates on social networking sites are more involved in the project's process and can also share information with their social networks. 3.3.4 Comprehensive Plan Web Page A project website will convey project information such as meeting dates, background information, and contact information. The page will also provide a means for obtaining public input and serve as the main portal for videos, presentations, maps/graphics, public workshop information, and downloadable documents. 3.3.5 SWOT Analysis During a steering committee meeting we will conduct a SWOT analysis (Strengths, Weaknesses, Opportunities and Threats). This will be input and revised by citizens during a Public Workshop. Page 14 Page 31 3.3.6 Community Survey Prepare and conduct a statistically valid community member survey to determine resident's perceptions and vision about the quality of life, growth, land -use, traffic, economic development, housing, public safety, community facilities, and environmental issues within Sanger as they relate to the assessment of where we are now. SurveyMonkey (www.surveymonkey.com) provides the capability to invite participants to share their views through an online survey they can access SurveyMonkey whenever they choose. This survey (above), will be prepared by the consultant, supplement meeting discussions because they allow input from people who either can't participate in the larger meeting sessions. 3.4 Goals and Objectives Statement - Preliminary The consultant will review the existing of the Comprehensive Plan. After the stakeholder interviews, the goals and objectives statements will be revised and updated by the consultant. Later, these statements will be used to evaluate the alternative comprehensive plan scenarios and eventual preferred scenario. 3.5 Public Workshop #1 O O This workshop meeting of Sanger citizens and 0 0 stakeholders will serve as a review, input, and approval process for specific tasks related to the development of the Comprehensive Plan. This meeting will be regularly scheduled. Deliverables: 3.1 Stakeholder Interviews (30) 3.2 Steering Committee (monthly) 3.3 Comprehensive Plan Logo 3.4 Print Materials (flyers and cards) 3.5 Social Media Campaign 3.6 Comprehensive Plan Web Page 3.7 SWOT Analysis 3.8 Community Survey 3.9 Goals and Objectives Statement — Preliminary 3.10 Public Workshop #1 (PowerPoint and wall graphics) Phase II - City Wide Vision Plan TASK 4 FUTURE LAND USE 4.1 Alternative Vision Scenarios (3) — and Resulting Implications The ND team will develop three (3) Comprehensive Vision Scenarios for the city. The scenarios will project future land uses as a total percentage of city land and ETJ, there will be several areas that will identify with the unique / regions of the community. The team shall use the Market Analysis to summarize the program justification. The program justification shall support program justification for ND to create 2-3 FLUP Page l5 Page 32 map scenarios to explore alternatives with different development patterns, extrapolated from a general typology. Each scenario will generate results to the following issues that may result from stakeholder input: a) Economic development opportunities b) Population & growth c) Environmental & natural systems d) Parks & open space e) Sustainability framework elements f) Transportation and ped/bike mobility g) Relationship to goals & objectives 4.2 Public Workshop #2 O O This workshop meeting of Sanger citizens and O O O O stakeholders will serve as a review, input, and approval process for specific tasks related to the development of the Comprehensive Plan. This meeting will be regularly scheduled. Keypad polling for up to 150 attendees at public meeting #2. 4.3 Preferred Scenario Plan (1) — and Resulting Implications The ND team will develop one (1) preferred Comprehensive Vision Scenario for the city, as a result of the input received by the planning team. The scenario planning initiative described in a previous task will highlight the trade-offs associated with competing growth scenarios for the Sanger Comprehensive Plan study area. 4.4 Public Workshop #3 O O This workshop meeting of Sanger citizens & O O O O stakeholders will serve as a review, input, and approval process for specific tasks related to the development of the Comprehensive Plan. This meeting will be regularly scheduled. 4.5 Future Land Use Plan The ND team will develop a land use plan that responds to the input received on the preferred alternative scenario and related growth projection. The land uses will be identified as a part of the growth projections over the entire city and ETJ. Land uses will have supporting tablature data and text. This will include but not limited to the following data, plan graphics, and supporting information: Residential (numerous densities) Neighborhood Retail Regional Retail Professional Office Regional Office Downtown Mixed -Use Employment Centers Worship Parks, Open Space, etc. Deliverables: 4.1 Alternative Vision Scenarios (3) Page 16 Page 33 4.2 Public Workshop #2 (PowerPoint and wall graphics) 4.3 Preferred Scenario Plan (1) 4.4 Public Workshop #3 (PowerPoint and wall graphics) 4.5 Future Land Use Plan Phase III - Comprehensive Plan & Implementation TASK 5 PARKS, TRAILS & OPEN SPACE ELEMENT 5.1 Evaluate and Analyze Inventory existing parks, recreation and open space areas, facilities, programs and activities that are available through the City of Sanger Parks and Recreation Division and other sources. 5.2 Identify Needs Identify the needs of city residents (via LOS) for parks and recreation facilities and determine how the city can address those needs through clear goals, objectives, and strategies. Address issues related to park land dedication in private development, and outline policies to regulate private parkland dedication and construction. 5.3 Establish Park Element ND will develop a park element that provides for a full scope of recreational opportunities by addressing park land, facilities, equipment, natural resources, cultural and historic areas, pedestrian hike and bike trails. Outline the protection of open spaces and environmentally sensitive areas, establish linkages and green belts as connectors throughout the City. Provide maps, charts, and drawings that communicate needs and establish priorities for parks, recreation, open space, general land acquisition and projects. Deliverables: 5.1 Existing System Analysis 5.2 Identify Park & Trail Needs 5.3 Park Element TASK 6 CONCEPTUAL MOBILITY / TRANSPORTATION ELEMENT 6.1 Thoroughfare Plan Needs The team will work from existing transportation plans and documents for this task. The ND team will identify transportation needs based on the preferred scenario. As part of the Comprehensive Plan review and update, we will review, assess, and update the current Thoroughfare Plan. As part of this process, we will assess related plans, standards and documents to identify needed revisions that will allow them to support the thoroughfare plan. 6.2 Green Corridors The team will review and locate green corridors for the joint movement of autos, trucks, buses, pedestrian and bicycles which include a streetscape component. These green multi -modal use corridors are key for healthy attractive transportation in our development future. Page 17 Page 34 6.3 Thoroughfare Plan Recommendations We will review the existing Thoroughfare Plan map, functional classification system, and planned cross -sections. We will then be able to recommend conceptual modifications or additional cross -sections that will better serve the city's needs. Deliverables: 6.1 Define Thoroughfare Plan Needs 6.2 Locate Green Corridors 6.3 Thoroughfare Plan Conceptual Recommendations TASK 7 DOWNTOWN REVITALIZATION ELEMENT 7.1 Downtown Plan Evaluation The ND team shall evaluate the area generally known as Sanger Commercial Downtown and create an updated small area plan for the district. 7.2 Downtown Revitalization Recommendations Recommendations based on the evaluation will include how to address improvements through implementable action steps. 7.3 Transportation and TxDOT system. i. Summarize Existing Downtown Conditions — Including city and TXDOT standards, circulation patterns, parking conditions and density, and identification of opportunity segments given available apparent right of way and other factors. ii. Interpret downtown traffic volumes and historical trends — To define congestion causes, obstacles to mobility, and provide the data to evaluate lane configurations, availability of parking, and other similar traffic elements. This task also involves field observations to estimate peak hour estimates for evaluation of existing turning movements and future needs. iii. Maintenance of TxDOT Facilities — Provide maintenance cost estimates and guidance based on TxDOT standards regarding taking over control of state facilities. (overview statement) Grow Downtown - This element shall include strategies to: a. Integration of uses to encourage a live, work, play environment, b. Enhance and link surrounding neighborhoods, c. Create desirable urban places that promotes private investment, d. Special events and programming of public spaces, e. Preservation of the character of the area while still growing Ec. Dev. f. Develop recommendations regarding pedestrian access, g. Look for catalytic development locations, g. Create quality PLACE Making recommendations. 7.3 Public Workshop #4 O O This workshop meeting of Sanger citizens & O O O O stakeholders will serve as a review, input, and approval process for specific tasks related to the development of the Comprehensive Plan Update. This meeting will be regularly scheduled. IN go 11 11 Page 18 Page 35 Deliverables: 7.1 Downtown Plan Evaluation 7.2 Downtown Revitalization Recommendations 7.3 Public Workshop #4 (PowerPoint and wall graphics) TASK 8 IMPLEMENTATION & ECONOMIC DEVELOPMENT STRATEGIES 8.1 Economic Development Growth The Plan will address a range of policies that preserve and strengthen business and commerce in the city. This element should characterize the unique attributes of local business districts and provide an evaluation of commercial and retail opportunities within the city. Also, support policy recommendations for plan relationship to Council and Economic Development initiatives with emphasis on opportunities to enhance the tax base via commercial activation and job attraction, improve neighborhoods and stimulation of quality housing, and other policies that supports an increase in Sanger's quality of life. 8.2 Draft Strategies Based on feedback from the draft comprehensive plan elements and final direction received from the stakeholders, the ND team will prepare a matrix that identifies specific short, medium and long-term implementation actions and strategies, responsible parties, supporting parties, timeframes, and potential funding sources for the goals associated with each element, along with recommendations related to additional studies that should be undertaken by the city. 8.3 Review Meeting O O The ND team will facilitate a discussion and review of the draft implementation strategies, to define edits and modifications. 8.4 Final Strategies Based on feedback from the review meeting, the ND team will prepare a matrix that identifies specific short, medium and long-term implementation actions and strategies, responsible parties, supporting parties, timeframes, and potential funding sources for the goals associated with each element. Deliverables: 8.1 Implementation and Economic Development Draft Strategies 8.2 Review Meeting with Staff 8.3 Implementation and Economic Development Final Strategies TASK 9 COMPREHENSIVE PLAN ADOPTION & PUBLIC PARTICIPATION 9.1 Draft Sanger Comprehensive Plan Update Report The ND team will create a DRAFT Comprehensive Plan report that includes all previously tasked materials. This document with color graphics, photographs, maps and related text is then ready for consideration. Six (6) bound color copies will be delivered for City staff to review. 9.2 Sanger Planning Commission/City Council Work O O O O 0 0 Session — One (1) Presentation 9.3 Planning Commission — One (1) Public Hearing Meeting 9.4 Sanger City Council Hearing — One (1) Hearing regarding Adoption Page 19 Page 36 9.5 Final Sanger Comprehensive Plan Update Report The ND team will create a FINAL Comprehensive Plan report that includes all previously tasked materials assembled into one high -quality graphic and easy to read no technical written document. Twenty-five (25) bound color copies and five (5) CD's will be delivered to the City. Deliverables: 9.1 DRAFT Sanger Comprehensive Plan Update Report (6) 9.2 Sanger Planning Commission/City Council Work Session (1) 9.3 Planning Commission — Public Hearing (1) 9.4 Sanger City Council — Public Hearing (1) 9.5 Final Sanger Comprehensive Plan Update Report - Twenty-five (25) bound color copies - Five (5) full plan CD's Text: MS WORD and PDF (must be searchable and editable; table of contents and relevant sections must be linked within the document to make them more user friendly) Spreadsheets: MS EXCEL Database: MS Access Exclusions: Infrastructure: Water or Sewer Computer Modeling, Subsurface Utility Explorations, Comprehensive Utility Mapping, Horizontal or Vertical Topographic Surveys, Identification of Maintenance Needs or Improvements. Design -level recommendations Transportation: Design -level traffic engineering analyses such as signal warrants, specific pavement sections and costs, geotechnical/environmental engineering, topographic surveys, traffic counting, transportation computer models, and construction specifications or drawings. End of Scope of Services Page 110 Page 37 J)JJ NOkkIS DESIGN Planning I Landscape Architecture I Branding Sanger Comprehensive Plan Update Project Schedule Exhibit B Note: Modify this graphic schedule to define complete project will most likely take 13 to 14 months to achieve adoption and printing of 25 Comprehensive Plan documents. PROJECTF 1 2 3 4 5 6 7 a 9 10 11 12 SCHEDULE MAR 2020 APR 2020 ® MAY 2020 o JUN 2020 Q JUL 2020 o AUG 2020 SEPT 2020 OCT 2020 NOV 2020 DEC 2020 JAN 2021 FEB 2021 PROJECT' • & EXISTING COMMUNITY 'ae . STATUS O! 4 4: 3 'm CITY-WIDEPHASE VISION PLAN ❑. ❑. ❑ ;. ®COMPREHENSIVE `.� PLAN ❑ & IMPLEMENTATION LEGEND KICK-OFF MEETING MONTHLY CITY STAFF MEETING STEERING COMMITTEE MEETING * CITY COUNCIL UPDATE W THREE ALTERNATIVE SCENARIOS g� HOLIDAY/NEW YEAR PREFERRED SCENARIO ' CITY COUNCIL ADOPTION FINAL COMPREHENSIVE PLAN ADOPTION O PUBLIC WORKSHOP #1 © PUBLIC WORKSHOP #2 ® PUBLIC WORKSHOP #3 O PUBLIC WORKSHOP #4 Page 38 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1 - 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2020-591608 Date Filed: 02/24/2020 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. City of Sanger City of Sanger, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. Development Services Department 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 24 Feb 2020 / Comp Plan Comprehensive and Branding Services for municipality 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Leisner, Rick Dallas, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is and my date of birth is My address is (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in County, State of on the day of , 20 (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.3a6aaf7d Page 39 SANGER CITY COUNCIL AGENDA MEMO * TEXAS AGENDA ITEM NO.6. AGENDA MEETING DATE: March 2, 2020 TO: Alina Ciocan, City Manager FROM: Muzaib Riaz, Planner, Development Services ITEM/CAPTION: Sanger Meadow Addition Phase 1- Final Plat Consider, Discuss and Act on the Final Plat of Sanger Meadows Addition, Phase 1, Being 15.928 Acres of Land, and Generally Located North-West of the Intersection of View Road and Metz Road. AGENDA TYPE: Regular ACTION REQUESTED: Approval BACKGROUND: The applicant is proposing to develop 10 residential lots of minimum 1-acre, and two drainage and detention easement lots as Phase 1 of residential development consisting of total 127 one -acre lots. The property is located in City of Sanger Extraterritorial Jurisdiction (ETJ). The property will be served by Bolivar Water, Cosery Electric and will have on -site septic for sanitary sewer. All 10 proposed lots have public access from View Road. The plat has been reviewed by City of Sanger Staff. All City of Sanger Planning and Engineering comments as well as Denton County Plat checklist have been provided to the applicant. LEGAL/BOARD COMMISSION RECOMMENDATIONS/CITIZEN NOTICE FEEDBACK: N/A FINANCIAL SUMMARY - FUNDING/FISCAL IMPACT: N/A FUNDS: N/A STAFF RECOMMENDATION/ACTION DESIRED: Staff recommends APPROVAL of the phase 1 final plat with variances from the following requirements mentioned in the Subdivision Ordinance: Page 40 I . Where no existing subdivision controls, the blocks shall not exceed 1000 feet in length nor be less than 500 feet in length, except in certain instances where topographical features warrant special consideration. (Sec. 10.105.6.13) 2. Residential lots shall front on residential class streets. (Sec. 10.105.4.D) ATTACHMENTS: Description Upload Date Type Staff Report 2/24/2020 Backup Material Location Map 2/24/2020 Backup Material Application 2/24/2020 Backup Material Letter of Intent 2/24/2020 Backup Material Final Plat 2/24/2020 Exhibit Comment Response Letter 2/24/2020 Backup Material Engineering Follow-up Comments 2/24/2020 Backup Material Page 41 SANGER CITY COUNCIL STAFF REPORT *TEXAS Meeting Date: March 2, 2020 Case #: 20SANZON-0002 Case Coordinator: Muzaib Riaz, Planner, Development Services Request: Consider, Discuss and Act on the Final Plat of Sanger Meadows Addition, Phase 1, Being 15.928 Acres of Land, and Generally Located North-West of the Intersection of View Road and Metz Road. Applicant: Tim Fleet, Riverside Homebuilders, LTD. Case Overview The applicant is proposing to develop 10 residential lots of minimum 1-acre, and two drainage and detention easement lots as Phase 1 of residential development consisting of total 127 one -acre lots. The property is located in City of Sanger Extraterritorial Jurisdiction (ETJ). The property will be served by Bolivar Water, Cosery Electric and will have on -site septic for sanitary sewer. All 10 proposed lots have public access from View Road. The plat has been reviewed by City of Sanger Staff. All City of Sanger Planning and Engineering comments as well as Denton County Plat checklist have been provided to the applicant. The preliminary plat for Sanger Meadows Addition Phase 1 was approved by City Council on November 18, 2019, with the following variances: 1. Where no existing subdivision controls, the blocks shall not exceed 1000 feet in length nor be less than 500 feet in length, except in certain instances where topographical features warrant special consideration. (Sec. 10.105.6.13) 2. Residential lots shall front on residential class streets. (Sec. 10.105.4.D) Staff Recommendation Staff recommends APPROVAL of the phase 1 final plat with variances from the following requirements mentioned in the Subdivision Ordinance: 1. Where no existing subdivision controls, the blocks shall not exceed 1000 feet in length nor be less than 500 feet in length, except in certain instances where topographical features warrant special consideration. (Sec. 10.105.6.13) 2. Residential lots shall front on residential class streets. (Sec. 10.105.4.D) Page 42 Planning & Zoning Commission Action The Planning & Zoning Commission took no action on the plat because of lack of quorum. Attachments • Location Map • Application • Letter of Intent • Final Plat • Comment Response Letter Page 43 Sanger Meadow Phase 1 i 132475 413114 s 220046 ■ 1312 4 11 - y�. . 131236 131238. 59757 WOCILPEPT Preliminary Plat Minor Plat Applicant SANGER *TEXAS SUBDIVISION APPLICATION X Final Plat/Replat Vacating Plat Amended Plat Conveyance Plat Owner f if different from annlicantl Name: Tim Fleet Name: same as applicant company: Riverside Homebuilders, LTD. Company: Address: 3045 Lackland Rd Address City, State, zip: Fort Worth, TX 76116 City, State, zip: Phone 817-929-9021 Phone: Fax: Fax: Email: fleet6d�lacklandholdings.com Email: Submittal Checklist Pre -Application Conference (Date:___/___/ ) X One (1) Paper Copy of Plat (24"06", folded to 1/4 size) X Letter of Intent X Non -Refundable Application Fee (Check Payable to City of Sanger) X Application Form (Signed by Owner) X Applicable Plat Checklist (Completed) Additional Required Documents/Traffic & Drainage Studies etc. X One (1) PDF Copy of all Documents Provided on a CD/DVD or Emailed to developmentL@sa_aggL texas.� Supporting Materials (List if provided): CIVII Construction Plans, Geotechnical Report, & Wetlands Report R Number(s): Owner's Applicant's Signature Office Use: Reviewed by Director of Development Services�_f Complete (Check a ) Incomplete (Returned to Applicant City of Sant]er 201 6ofivar/ P.0 Box 1729 Sanger; TX 16266 940-458-2059 (office) 940-458-4012 (fax) www.sangertexas.org Date 1 Date Effective Date: 9/3/20.19 Page 45 JORDAN ENGINEERING, LLC CIVIL ENGINEERING • LAND RLANN1ND Letter of Intent Re: Sanger Meadow — FINAL PLAT PHASE 1 APPLICATION 1) This Letter of Intent has been drafted by Jordan Engineering, LLC on behalf of: a. Riverside Homebuilders, LTD., a Texas Limited Partnership i. See vesting deed Doc, # 52029 (Receipt # 20190507000335) b. Address: 3045 Lackland Road Fort Worth, TX 76116 817-717-7133 Contact: Tim Fleet fleet@lacklandholdings.com 2) Documents submitted for this plat application have been prepared by... a. Texas Surveying, Inc. (Project Surveyor) 104 S. Walnut St. Weatherford, TX 76086 817-594-0400 Contact: Josh Anderson &/or Kyle Rucker, RPLS josh@txsurveying.com b. Jordan Engineering, LLC (Project Engineer) 211 Hudson Oaks Dr Hudson Oaks, TX 76087 817-319-9931 Contact: Jordan Bishop, PE jbishop@j ord anengineer.com 3) Designated point of contact = JORDAN ENGINEERING, LLC (See 2b above for contact info). 4) The intent of the plat application is to achieve final plat approval for a residential subdivision to be developed as Phase 1 of the proposed Sanger Meadow subdivision. 5) Summary description of the proposed subdivision is as follows: a. Subject property is located as the northwest quadrant of the View Rd 1 Metz Rd intersection, which is generally located west of Interstate 35, approximately 2.5 miles north of FM 455 (Chapman Rd). b. Total size of property for to platting = 15.93 acres c. Total Proposed Lots (phase I only) d. Lots shall be served by a public water system (Bolivar WSC) and private on -site septic facilities (permits for septic systems shall be submitted/approved by Denton County). Power service appears to be within the CoSery Electric service area. e. Minimum Lot size shall be one (1) acre. 6) The vast majority of the overall property appears to be within the Extraterritorial Jurisdiction (ETJ) of the City of Sanger, with a small portion in the City of Denton Division II ETJ, and a small portion within Denton County. Prior coordination between all three entities have led us to believe that platting authority shall run completely through the City of Sanger, and as such, we are requesting that this plat be reviewed and considered by the City of Sanger, the appropriate approval body. 211 Hudson Oaks, Hudson Oaks Texas, 76087 • (817) 319-9931 • jbishop@jordanengineer.com • Texas Reg. Firm # 17586 Page 46 PLAT NOTES: STATE OF TEXAS COUNTY OF DENTON I (WE), THE UNDERSIGNED, OWNER(S) OF THE LAND SHOWN ON THIS PLAT WITHIN THE AREA DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEING A 15.928 ACRES TRACT OF LAND OUT OF THE W. MASON SURVEY, ABSTRACT NO. 801. DENTON COUNTY. TEXAS; BEING ALL THAT CERTAIN TRACT OF LAND AS DESCRIBED IN INSTRUMENT No. 52029. OFFICIAL RECORDS, DENTON COUNTY. TEXAS; BEING FURTHER DESCRIBED BY METES AND BOUNDS AS FOLLOWS: THE FOLLOWING BEARINGS, DISTANCES, AND/OR AREAS DERIVED FROM GNSS OBSERVATIONS PERFORMED BY TEXAS SURVEYING, INC. AND REFLECT N.A.D. 1983. TEXAS STATE PLANE COORDINATE SYSTEM. NORTH CENTRAL ZONE 4202. (GRID) BEGINNING AT A POINT IN VIEW ROAD FOR THE SOUTHWEST AND BEGINNING CORNER OF THIS TRACT. WHENCE THE NORTHEAST CORNER OF THAT CERTAIN TRACT OF LAND AS DESCRIBED IN V. 1041. P. 494, O.R.D.C.T., THE SOUTHEAST CORNER OF THAT CERTAIN LOT 6. BLOCK A OF SADDLE RIDGE ESTATES AS RECORDED IN PLAT CABINET M. PAGE 241, PLAT RECORDS, DENTON COUNTY. TEXAS. THE SOUTHWEST CORNER OF THAT CERTAIN TRACT OF LAND AS DESCRIBED IN V. 2827, P. 965. O.R.D.C.T. AND THE NORTHWEST CORNER OF SAID INSTRUMENT NO. 51911. BEARS S 89°59'41" W 450.00 FEET AND N 001113" E 2753.87 FEET. THENCE N 001113" E 330.00 FEET TO A SET 1/2" IRON ROD (CAPPED - TEXAS SURVEYING. INC) FOR THE NORTHWEST CORNER OF THIS TRACT. THENCE N 89°59'41" E 2102.58 FEET TO A POINT WITHIN METZ ROAD FOR THE NORTHEAST CORNER OF THIS TRACT. THENCE S 00°13'21" W 330.00 FEET TO A FOUND 1/2" IRON ROD, AT THE SOUTHEAST CORNER OF SAID INSTRUMENT NO. 52029 AND AT THE APPROXIMATE INTERSECTION OF VIEW ROAD AND SAID METZ ROAD. FOR THE SOUTHEAST CORNER OF THIS TRACT. THENCE S 89°59'41" W 2102.38 FEET ALONG SAID VIEW ROAD TO THE POINT OF BEGINNING. NOW. THEREFORE, KNOW ALL PERSONS BY THESE PRESENTS: THAT ----------------- ACTING HEREIN BY AND THROUGH ITS DULY AUTHORIZED OFFICER, DOES HEREBY ADOPT THIS PLAT DESIGNATING THE HEREINABOVE DESCRIBED PROPERTY AS LOTS 1 - 10, 1X & 2X, BLOCK A, SANGER MEADOW ADDITION, PHASE 1. AN ADDITION TO THE ETJ TO CITY OF SANGER, DENTON COUNTY 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 AGREES THAT HE/SHE SHALL MAINTAIN ALL EASEMENTS AND FACILITIES IN A STATE OF GOOD REPAIR AND FUNCTIONAL CONDITION AT ALL TIMES IN ACCORDANCE WITH CITY CODES AND REGULATIONS. NO BUILDINGS, FENCES. TREES, SHRUBS, OR OTHER IMPROVEMENTS OR GROWTHS SHALL BE CONSTRUCTED OR PLACED UPON. OVER. OR ACROSS THE EASEMENTS AS SHOWN, EXCEPT THAT LANDSCAPE IMPROVEMENTS MAY BE INSTALLED. IF APPROVED BY THE CITY OF SANGER. THE CITY OF SANGER AND PUBLIC UTILITY ENTITIES 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 THE ______ DAY OF_______________________, 2020. ------------------------------------------ -------------- OWNER DATE STATE OF TEXAS COUNTY OF BEFORE ME. THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED. KNOWN TO ME TO BE THE PERSONS S () WHOSE NAME(S) ----------------------------- IS(ARE) SUBSCRIBED TO THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME FOR THE PURPOSE AND CONSIDERATION EXPRESSED AND IN THE CAPACITY THEREIN STATED, AND AS THE ACT AND DEED OF SAID TRUST. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS DAY OF __________ -------------------------- 2020. NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS STATE OF TEXAS COUNTY OF DENTON THAT I, KYLE RUCKER, A REGISTERED PROFESSIONAL LAND SURVEYOR OF THE STATE OF TEXAS, REGISTRATION NO. 6444, 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. PRELIMINARY. THIS DOCUMENT SHALL NOT BE RECORDED FOR ANY PURPOSE AND SHALL NOT BE USED OR VIEWED OR RELIED UPON AS A FINAL SURVEY DOCUMENT. KYLE RUCKER. REGISTERED PROFESSIONAL LAND SURVEYOR NO. 6444 TEXAS SURVEYING, INC. - WEATHERFORD BRANCH 104 S. WALNUT STREET. WEATHERFORD. TEXAS 76086 WEATHER FOR Da)TXSURVEYING.COM - 817-594-0400 FIELD DATE - JANUARY 2019 - 817-594.0400 PLAT PREPARATION DATE JANUARY 15. 2020 JN190328P-FINAL-PHI DRIVEWAY CULVERTSIZING TABLE LOT CULVERTSIZE (inches) #OF BARRELS DRIV EWAY ORI ENTATIO N 1/2 18 1 SHARED 3/4 18 1 SHARED 5/6 15 1 SHARED 7 18 1 SINGLE 8 30 2 SINGLE 9/10 30 2 SHARED NOTES: 1) Shared driveways and associated driveway culverts shall be utilized at the common lot line of lots 1/2, 3/4, 5/6 & 9/10 per request of Denton County. 2) Driveway Culverts shall be corrugated metal pipe (CMP). 3) Concrete Safety Treatments are required for all culverts in accordance with TxDOTstandard details. 4) Culvert slopes shall be a minimum of 0.500/,,. 5) Culvert lengths shall be at least 24' and no more than 50'. 6) Driveway Culverts sized by Jordan Engineering, LLC Engineer: Jordan Bishop, PE 118755. SURVEYOR: KYLE RUCKER, R.P.L.S. 104 S. WALNUT ST. WEATHERFORD, TX 76086 817-594-0400 OWNER/DEVELOPER: TIM FLEET RIVERSIDE HOMEBUILDERS, LTD. A TEXAS LIMITED PARTNERSHIP 3045LACKLAND ROAD FORT WORTH, TX 76116 TEXAS SURVEYING FIRM NO. 10100000 - WWW.TXSUPVEYING.COM INC. 0 120' 240' 360' ti Ln a Ln Ln H Z W W Ln a W Z Q 2 O U 0 J W O a. V) a X W H O O FND. 1/2" CAPPED IRON ROD N - 2365254.82 7 E - 7196774.35 I �1 10 W M O 0 0 0 ti 2 (D O M E� 0 M N Z - -- - 450.00' _ 33.28' FND. PK POINT _ NAIL -----� P.O.B367 51. I/X/,/BLgCK A 3 R rTIT DE NTI ULLI/ FFILP LAND HOLDINGS, LLC INSTRUMENT No. 51911 D.R.D.C.T. N 8905941" E 2102.58' 25' DRAINAGE & 53.01' DETENTION ESMN'T 158.00' Lal_ r w Z r w Z r w Z r �`' Z r Op w �� O0 pp pO N N - O W N ON N NO 0� th N ti 0 D 03 r o ti .o [1- M 7- O M Ill: D MNN tiN W r MN or6 ti O N n m p N n� r N p n M 0 p N n Z7 p N C� Z77 O N N V1D Z N rn V1D Z N rn V1y Z rn Ny Z � N m ND Z tmn S��0 E U-45 15' BOLIVAR WATER 30' x 30' EASEMENT VISIBILITY & MAINTENANCE EASEMENT I * RIGHT OF WAY DEDICATION FAIN 1.912 ACRES INSTRUMENT No. 96-0023611 I 83279.0 Sq, Ft. D.R.D.C.T. I * MINIMUM OF 30.0' FROM APPROXIMATE CENTERLINE OF VIEW ROAD APPROVED BY THE CITY OF SANGER PLANNING AND ZONING COMMISSION THIS THE ____DAY OF____________________, 2020.1 -------------------------------------- CHAIRMAN - PLANNING & ZONING COMMISSION 1 fc 91.1111111101 a .Zli [rl�l►L ;)160.5-0' 160.5fl' t59-.00' S 89059'41"_W_2102.38'_ VIEW ROAD 16' DRNG & UTIL. I PAVED SURFACE EASEMENT COCKRELL V. 3235, PG. 250 D.R.D.C.T. I PORTER LOT 2. BILK 1 VIEW ADD. H-307, P.R.D.C.T. THE CITY COUNCIL OF SANGER, TEXAS ON THIS THE ____DAY OF__________________, 2020 VOTED AFFIRMATIVELY TO ADOPT THIS PLAT AND APPROVE IT FOR FILING OF RECORD. MAYOR SANGER, TEXAS -------------------------------------- SECRETARY - SANGER, TEXAS 159.00' 25' DRAINAGE & DETENTION ESMN'T 161.00' W Z r O0 N ~ M O N M ti OO -4- W O N D r) O N Z rnX tmn .D o O Z IRW - I APPROXIMATE CENTERLINE OF VIEW ROAD HERRERA-ZUNIGA, GRISELDA & HERRERA RUELAS, JOSE MIGUEL LOT 1. BILK 1 VIEW ADD. H-307, P.R.D.C.T. 25' DRAINAGE & DETENTION ESMN'T 1 6pZ1.7723'1 NP_DO D `fl ON Z rr, 0 =N3Z oo O � Mw N �.96 z 41 aD � cm;a O>OON O Z M m� Z JO O M D Ln Z 147.07' 1) CURRENTLY THIS TRACT APPEARS TO BE LOCATED WITHIN ONE OR MORE OF THE FOLLOWING Q FND. PK AREAS: NAIL "X" OTHER AREAS. ZONE - AREAS DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL CHANCE FLOODPLAIN. ACCORDING TO THE F.I.R.M. COMMUNITY PANEL 48121C0065G, DATED APRIL 18, 2011. FOR UP TO DATE FLOOD HAZARD INFORMATION ALWAYS VISIT THE OFFICIAL F.E.M.A. WEBSITE AT (W W W.FEMA.GOV). 2) ALL CORNERS ARE SET 1/2" IRON RODS CAPPED - TEXAS SURVEYING. INC.). UNLESS OTHERWISE NOTED. 3) ALL RESIDENTIAL LOTS SHALL HAVE A FRONT BUILDING LINE OF 30'. SIDE & REAR BUILDING LINES OF 10'. UNLESS OTHERWISE SHOWN. 4) ANY PUBLIC UTILITY, INCLUDING THE CITY OF SANGER, SHALL HAVE THE RIGHT TO MOVE AND KEEP 16DRNG & UTIL. EASEMENT 44.85' 147.07'� r O Lj = O r O � wo O N N O- 07 N � 03 S C o ON � OD �0 �O SIN rn ;r, Z m C 1 41;14t-MO.05-- f--147.-O-r-1--Wt 70' ROADWAY PER DENTON COUNTY FUTURE M.T.P. STEVENS LOT 1, KELLY ACRES F-225, P.R.D.C.T. N - 2367311.401 E 7196477.831\ I MOVED ALL OR PART OF ANY BUILDINGS, FENCES, TREES, SHRUBS. OTHER GROWTHS OR IMPROVEMENTS WHICH IN ANY WAY ENDANGER OR INTERFERE WITH THE CONSTRUCTION. MAINTENANCE, OR EFFICIENCY OF ITS RESPECTIVE SYSTEMS ON ANY OF THE EASEMENTS SHOWN ON THE PLAT: AND ANY PUBLIC UTILITY, INCLUDING THE CITY OF SANGER, SHALL HAVE THE RIGHT Ln io AT ALL TIMES OF INGRESS AND EGRESS TO AND FROM AND UPON SAID EASEMENTS FOR THE Ln PURPOSE OF CONSTRUCTION. RECONSTRUCTION, INSPECTION, PATROLLING. MAINTAINING AND 0 � ADDING TO OR REMOVING ALL OR PART OF ITS RESPECTIVE SYSTEMS WITHOUT THE NECESSITY AT Ln ANY TIME OF PROCURING THE PERMISSION OF ANYONE. C\j 5) N ALL COMMON AREAS, DRAINAGE EASEMENTS, AND DETENTION FACILITIES WILL BE OWNED AND MAINTAINED BY THE HOA/POA OR PROPERTY OWNER. p N SE N ~ 6) NOTICE - SELLING A PORTION OF THIS ADDITION BY METES AND BOUNDS IS A VIOLATION OF CITY Q V) (, ORDINANCE AND STATE LAW AND IS SUBJECT TO FINES AND WITHHOLDING OF UTILITIES AND O J Z Q BUILDING PERMITS. Lv 11.- 7) MINIMUM FINISHED FLOOR ELEVATIONS ARE AT LEAST TWO FEET ABOVE THE 100 YEAR FLOOD - OU Z 0 PLAIN. Q W N 8) THE PURPOSE OF THIS PLAT IS TO CREATE 10 RESIDENTIAL LOTS. M V) 9) BEARINGS ARE BASED ON THE STATE PLANE COORDINATE SYSTEM. TEXAS NORTH CENTRAL O "Q ZONE (4202). NORTH AMERICAN DATUM OF 1983 (NAD 81) W 0 Q 10) Z LOTS 1X & 2X. BLOCK A SHALL BE MAINTAINED BY A HOMEOWNERS ASSOCIATION AND SHALL NOT d BE USED IN ANY WAY FOR RESIDENTIAL PURPOSES AND SHALL BE FOR DRAINAGE AND DETENTION Uj USE IN THEIR ENTIRETY. N 11) LOTS 1-5. 7. 8. & 10, BLOCK A. SHALL ACCEPT FULLY DEVELOPED STORMWATER RUNOFF FLOW Q LLI O FROM THE PROPERTY TO THE NORTH. O H 12) SHARED DRIVEWAYS SHALL BE UTILIZED AT THE COMMON LOT LINE OF LOTS 1/2, 3/4. 5/6, & 9/10. OW � W BLOCK A. - U N 0 O 2 13) THIS PLAT IS HEREBY ADOPTED BY THE OWNERS AND APPROVED BY THE CITY OF Q U O W SANGER (CALLED "CITY") SUBJECT TO THE FOLLOWING CONDITIONS WHICH SHALL BE BINDING F - U_ a, O UPON THE OWNERS, THEIR HEIRS. GRANTEES. SUCCESSORS AND ASSIGNS: THE PORTION OF BLOCK POINT = 0 N N = a W A, AS SHOWN ON THE PLAT CALLED "DRAINAGE AND DETENTION EASEMENT". THE DRAINAGE AND C7 W d� �`� Q Z DETENTION EASEMENT WITHIN THE LIMITS OF THIS ADDITION, WILL REMAIN OPEN AT ALL TIMES IFE 0 00 Z J AND WILL BE MAINTAINED IN A SAFE AND SANITARY CONDITION BY THE OWNERS OF THE LOT OR 2 O LOTS THAT ARE TRAVERSED BY OR ADJACENT TO THE DRAINAGE AND DETENTION EASEMENT. � NEITHER THE CITY NOT THE COUNTY WILL BE RESPONSIBLE FOR THE MAINTENANCE AND W W OPERATION OF SAID EASEMENT OR FOR ANY DAMAGE TO PRIVATE PROPERTY OR PERSON THAT RESULTS FROM CONDITIONS IN THE EASEMENT. OR FOR THE CONTROL OF EROSION. NO -15' BOLIVAR WATER U OBSTRUCTIONS TO THE NATURAL FLOW OR STORM WATER RUN-OFF SHALL BE PERMITTED BY CONSTRUCTION OF ANY TYPE OF BUILDING. FENCE OR ANY OTHER STRUCTURE WITHIN THE EASEMENT DRAINAGE AND DETENTION EASEMENT. AS HEREIN ABOVE DEFINED, UNLESS APPROVED BY THE CITY ENGINEER AND COUNTY ENGINEER. PROVIDED, HOWEVER, IT IS UNDERSTOOD THAT IN THE EVENT 80' ROADWAY PER IT BECOMES NECESSARY FOR THE CITY OR COUNTY TO ERECT OF CONSIDER ERECTING ANY TYPE DENTON COUNTY OF DRAINAGE STRUCTURE IN ORDER TO IMPROVE THE STORM DRAINAGE THAT MAY BE OCCASIONED BY DRAINAGE IN OR ADJACENT TO THE SUBDIVISION, THEN IN SUCH EVENT. THE CITY FUTURE M.T.P. OR COUNTY SHALL HAVE THE RIGHT TO ENTER UPON THE DRAINAGE AND DETENTION EASEMENT AT ANY POINT. OR POINTS, TO INVESTIGATE, SURVEY OR TO ERECT, CONSTRUCT AND MAINTAIN LV W o 35.1 ANY DRAINAGE FACILITY DEEMED NECESSARY FOR DRAINAGE PURPOSES. EACH PROPERTY OWNER SHALL KEEP THE DRAINAGE AND DETENTION EASEMENT CLEAN AND FREE OF DEBRIS. SILT. AND ANY a� Q 2 Z O SUBSTANCE WHICH WOULD RESULT IN UNSANITARY CONDITIONS OR OBSTRUCT THE FLOW OF J WATER. AND THE TOWN SHALL HAVE THE RIGHT OF INGRESS AND EGRESS FOR THE PURPOSE OF x O W INSPECTION AND SUPERVISION OF MAINTENANCE WORK BY THE PROPERTY OWNER TO ALLEVIATE N H W ANY UNDESIRABLE CONDITIONS WHICH MAY OCCUR. THE NATURAL DRAINAGE THROUGH THE d DRAINAGE AND DETENTION EASEMENT IS SUBJECT TO STORM WATER OVERFLOW AND NATURAL a 2 BANK EROSION TO AN EXTENT WHICH CANNOT BE DEFINITELY DEFINED. NEITHER THE CITY, NOR LZ Q U THE COUNTY SHALL BE HELD LIABLE FOR ANY SUCH DAMAGES OF ANY NATURE RESULTING FROM 3O' X 3O' THE OCCURRENCE OF THESE NATURAL PHENOMENA, OR RESULTING FROM THE FAILURE OF ANY STRUCTURE OR STRUCTURES. WITHIN THE EASEMENT. VISIBILITY & MAINTENANCE 14) WATER SERVICE TO BE PROVIDED BY BOLIVAR WATER SUPPLY COMPANY, 4151 FM 455 W. SANGER, TEXAS, 76266, (940) 458-4292. EASEMENT 15) ELECTRIC SERVICE TO BE PROVIDED BY CoSERV ELECTRIC, 7701 STEMMONS. CORINTH, TEXAS. 76216. (940) 321-7800. 16) SANITARY SEWER FOR EACH LOT TO BE PROVIDED BY PRIVATE SEPTIC SYSTEMS WHICH SHALL BE APPROVED AND PERMITTED BY THE DENTON COUNTY HEALTH DEPARTMENT. 17) THE MAINTENANCE OF PAVING, GRADING AND DRAINAGE IMPROVEMENTS AND/OR EASEMENTS SHOWN ON THIS PLAT ARE THE RESPONSIBILITY OF THE INDIVIDUAL PROPERTY OWNERS AND DO NOT CONSTITUTE ACCEPTANCE OF SAME FOR MAINTENANCE PURPOSES BY DENTON COUNTY. 18) ALL SURFACE DRAINAGE EASEMENTS SHALL BE KEPT CLEAR OF FENCES, BUILDINGS. FOUNDATIONS. PLANTINGS. AND OTHER OBSTRUCTIONS TO THE OPERATION AND MAINTENANCE OF THE DRAINAGE FACILITY. 19) BLOCKING THE FLOW OF WATER OR CONSTRUCTING IMPROVEMENTS IN SURFACE DRAINAGE EASEMENTS, AND FILLING OR OBSTRUCTING THE FLOODWAY IS PROHIBITED. DENTON COUNTY WILL NOT BE RESPONSIBLE FOR ANY DAMAGE. PERSONAL INJURY OR LOSS OF LIFE OR PROPERTY OCCASIONED BY FLOODING OR FLOODING CONDITIONS. 20) 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. 21) CONSTRUCTION NOT COMPLETE WITHIN TWO YEARS OF THE CITY OF SANGER APPROVAL SHALL BE SUBJECT TO CURRENT CITY OF SANGER CODE OF ORDINANCES AND DENTON COUNTY SUBDIVISION RULES AND REGULATIONS. 22) A DRIVEWAY CULVERT MUST BE OBTAINED FROM ROAD AND BRIDGE DEPARTMENTS BY THE OWNER OF EACH LOT PRIOR TO THE CONSTRUCTION. INSTALLATION OR PLACEMENT OF ANY DRIVEWAY ACCESS IMPROVEMENTS WITHIN THE DEDICATED RIGHT-OF-WAY. 23) 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, 24) ALL FINISHED FLOOR ELEVATIONS SHALL BE A MINIMUM OF "TWO" FEET ABOVE THE 100 YEAR FLOOD ELEVATION. FINAL PLAT LOTS 1 - 10, 1X & 2X, BLOCK A SANGER MEADOW ADDITION, PHASE 1 AN ADDITION TO THE ETJ OF THE CITY OF SANGER, DENTON COUNTY, TEXAS BEING A 15.928 ACRES TRACT OF LAND OUT OF THE W. MASON SURVEY, ABSTRACT NO. 801, DENTON COUNTY, TEXAS WITH A 1.912 ACRES RIGHT-OF-WAY DEDICATION PER THIS PLAT. PLAT PREPARATION DATED: JANUARY 15, 2020 "I,--------------------------- A TEXAS LICENSED ENGINEER, DO HEREBY AFFIRM THAT TO THE BEST OF MY KNOWLEDGE. INFORMATION, AND BELIEF AND BASED UPON THE INFORMATION PROVIDED. THE DRAINAGE IMPROVEMENTS SHOWN ON THIS PLAT WILL HAVE NO ADVERSE EFFECT ON ANY PROPERTY ADJACENT TO THE PROPERTY SHOWN. I FURTHER DECLARE THAT I WILL ACCEPT FULL RESPONSIBILITY FOR THE DRAINAGE DESIGN AND WILL DEFEND AND HOLD HARMLESS DENTON COUNTY FROM ANY CLAIM OR LITIGATION ARISING OUT OF ANY ERRORS, OMISSIONS OR OTHER ACTS OF NEGLIGENCE IN THE PREPARATION OF SAME." CASE No. Page 47 TEXAS cr> SURVEYING 104 S. Walnut Street Weatherford. TX 76086 817-594-0400 ext. 107 WW W.TXSURVEYING.COM DATE: 01/30/2020 1st REVIEW COMMENTS - Final Plat (Sanger Meadows Addition Phase 1 Final Plat) Request is for a Final Plat of Sanger Meadow Addition Phase 1, being approximately 15.928 acres of land into 10 residential lots prepared by Texas Surveying submitted on 01/15/2020. Below are the comments that should be addressed prior to recommendation to City Council for approval. Resubmit the revised plat along with a response letter addressing all comments. Planning 1. Add "Phase 1" to the title of the plat in the title block. 2. Revise "Block 1" to "Block A". REVISED 3. Add all applicable Denton County Standard Notes as mentioned on the Denton County Application for Plat and Plat Checklist Effective 01/2019. ALL DENTON COUNTY NOTES ADDED PER MEMORANDUM 4. Add 30' building line along Metz Road. ADDED 5. A Parkland Dedication fee in lieu of land is required to be paid for all residential development within the ETJ and City limits before filing of the final plat. The fee is calculated as $274.00 per dwelling unit. DEVELOPER TO MAKE PAYMENT OR AGREEMENT 6. Would there be an HOA established for this development? DEVELOPER TO ESTABLISH Informational Comments 7. The preliminary plat of Sanger Meadows Addition Phase 1 was approved by the City Council on 11/18/2019 with the following variances: a. Where no existing subdivision controls, the blocks shall not exceed 1000 feet in length not to be less than 500 feet in length, except in certain instances where topographical features warrant special consideration: b. Residential lots shall front on residential class streets 8. The property is located in the City of Sanger ETJ. 9. Final Plat will be scheduled for P&Z Commission on February 10, 2020. ALL INFORMATIONAL COMMENTS DULY NOTED Re: Sanger Meadow Addn. Lots 1-10 Block 1 - Final Plat Engineering Review The Final Plat application for Sanger Meadow Addn Lots 1-11 Block 1 has been reviewed. The City of Sanger Engineering Department currently shall recommend denial of final plat. The following comments need to be addressed & review completed prior to recommendation of Engineering Department to City Council for approval: • Please note sufficient time will need to be provided for review of any subsequent submittals to change Engineering recommendation to City Council. DULY NOTED • The platting process is being run through the City of Sanger. However, all Denton County requirements shall also apply. The more restrictive code should be applied. DULY NOTED • Block shall be referenced by a Letter and not a number. Revise Block 1 to Block A. REVISED • Please review the Denton County plat checklist to ensure all the County requirements are also shown on the plats. There are additional notes and graphics needed. DENTON COUNTY NOTES ADDED PER MEMORANDUM • Denton County requires Building Setback lines to be shown on Plat. County requires 30' front building lines. Show 30' B.L. along Metz Rd. • Based on City Code Chap. 14 Section 33.2 revise visibility easement at intersection of View Rd & Metz Rd from 25'x25'to 30'x30'. REVISED Page I 1 Page 48 • Provide 30'x30 visibility easement SW corner of Lot 1 Block "A" at intersection of future Sanger Meadow Dr. ADDED • Is it the intention to have maintenance responsibility or the drainage & detention to be by the property owner on which the easement is located, or is it intended to be responsibility of homeowner association? HOA • Applicable language of maintenance responsibility needs to be added to plat. ADDED • If HOA maintained, I would recommend considering making detention pond "X" lots (open space). DULY NOTED • Note required that Lots 1, 2, 3, 4, 5. 7, 8 & 10, Block A shall accept fully developed stormwater runoff flows from property to the north. • Label adjacent property owners on plat. ADDED • May wish to consider different type or scale of easement hatch for legibility. DULY NOTED • Please revise label "Drainage Easements" shown on plat to "Drainage and Detention Easements". REVISED • Add following note regarding detention: This plat is hereby adopted by the Owners and approved by the City of Sanger (Called "City") subject to the following conditions which shall be binding upon the Owners, their heirs. grantees, successors and assigns: The Portion of Block A, as shown on the plat called "Drainage and Detention Easement". The Drainage and Detention Easement within the limits of this addition, will remain open at all times and will be maintained in a safe and sanitary condition by the owners of the lot or lots that are traversed by or adjacent to the Drainage and Detention Easement. Neither the City not the County will be responsible for the maintenance and operation of said Easement or for any damage to private property or person that results from conditions in the Easement, or for the control of erosion. No obstructions to the natural flow or storm water run-off shall be permitted by construction of any type of building, fence or any other structure within the Drainage and Detention Easement, as herein above defined, unless approved by the City Engineer and County Engineer. Provided, however, it is understood that in the event it becomes necessary for the City or County to erect of consider erecting any type of drainage structure in order to improve the storm drainage that may be occasioned by drainage in or adjacent to the subdivision, then in such event, the City or County shall have the right to enter upon the Drainage and Detention Easement at any point, or points, to investigate, survey or to erect, construct and maintain any drainage facility deemed necessary for drainage purposes. Each property owner shall keep the Drainage and Detention Easement clean and free of debris, silt, and any substance which would result in unsanitary conditions or obstruct the flow of water, and the Town shall have the right of ingress and egress for the purpose of inspection and supervision of maintenance work by the property owner to alleviate any undesirable conditions which may occur. The natural drainage through the Drainage and Detention Easement is subject to storm water overflow and natural bank erosion to an extent which cannot be definitely defined. Neither the City, nor the County shall be held liable for any such damages of any nature resulting from the occurrence of these natural phenomena, or resulting from the failure of any structure or structures, within the Easement. NOTE ADDED IN FULL • As driveway culvert sizing was not provided with separate plans or reports and is needed for driveway culvert permits with the County, provide a chart on the plat with Lot. Block, min. culvert size, & slope. This information to be provide by design engineer. CHART ADDED Page 12 Page 49 BANGER *TExAS ENGINEERING Memorandum To: Muzaib Riaz From: Tracy A. LaPiene, P.E., CFM, City Engineer Date: 02/10/2020 Re: Sanger Meadow Addn. Lots 1-10 Block A — Final Plat Engineering Review The revised Final Plat for Sanger Meadow Addn Lots 1-11 Block 1 submitted on 2/05/2020 has been reviewed and the City of Sanger Engineering Department recommends the following be addressed prior to recommendation of Engineering Department to City Council for approval: • It would be preferred that the "Denton County Notes" header be removed and notes combined with General Notes so all notes together same place. • Revise County note 11 to state "two" feet above 100-yr flood to conform to more restrictive City code. • Typo "visibility" • Dimension drainage & detention easement on lots 5& 8. Not required but may wish to consider • On detention note may wish to consider revising "the owners of the lot or lots that are traversed by or adjacent to the Drainage and Detention Easement." to "the Homeowners Association." • May wish to consider making detention portion of lots 1 & 8 to be maintained by HOA as X lots. 940.458.2059 1 201 Bolivar St. I PO Box 1729 1 Sanger, TX 76226 1 www.sangertexas.org face book.com/SangerTexas @CityofSanger Page 50 SANGER CITY COUNCIL AGENDA MEMO * TEXAS AGENDA ITEM NO. 7. AGENDA MEETING DATE: March 2, 2020 TO: Alina Ciocan, City Manager FROM: Tracy LaPiene, P.E., City Engineer ITEM/CAPTION: PSA Plummer - WWTP Amendment No. 7 Consider, Discuss and Possibly Act To Approve A Professional Services Agreement with Alan Plummer Associates, Inc. For Amendment No. 7; Wastewater Treatment Plant Improvements and Expansion for Walkways for Safety and Maintenance of Facility in the Amount of $8,314.00, and Authorize City Manager to Execute Amendment. AGENDA TYPE: Regular ACTION REQUESTED: Approval, Other: Contract Amendment BACKGROUND: During wastewater treatment plant maintenance operations, it has been determined that there is a life safety concern with the ability to provide maintenance functions in the operation of the plant. To reduce potential slip, fall, drowning concern, staff is recommending construction of a walkway along and between the tanks at the wastewater treatment plant, providing a more stable platform to perform maintenance operations. Amendment 7 to Agreement with Alan Plummer Associates, Inc. provides for the design and coordination of the proposed walkway. LEGAL/BOARD COMMISSION RECOMMENDATIONS/CITIZEN NOTICE FEEDBACK: Approved by legal FINANCIAL SUMMARY - FUNDING/FISCAL IMPACT: $8,314.00 FUNDS: Enterprise Fund Page 51 STAFF RECOMMENDATION/ACTION DESIRED: Staff recommends approval. ATTACHMENTS: Description PSA Amendment 7 Engineering Budget Sketches Upload Date Type 2/26/2020 Exhibit 2/25/2020 Backup Material 2/25/2020 Backup Material Page 52 ALAN PLUMMER ASSOCIATES, INC. AGREEMENT FOR ENGINEERING SERVICES WASTEWATER TREATMENT PLANT IMPROVEMENTS AND EXPANSION AMENDMENT NO. 7 STATE OF TEXAS § COUNTY OF DENTON § WHEREAS, the City of Sanger (City) and Alan Plummer Associates, Inc. (Engineer) made and entered into an Agreement for Professional Services on the 19th day of May 2014; and WHEREAS, the Contract involves engineering services for the following project: Wastewater Treatment Plant Improvements and Expansion WHEREAS, it has become necessary to execute Amendment No. 7 to said Contract to include an increased scope of work and revised maximum fee; NOW THEREFORE, City and Engineer, acting herein by and through their duly authorized representatives, enter into the following agreement, which amends the Contract: 1. Exhibit A of the Contract is amended to include the following item: P. Additional Walkways and Access Platforms. 1. Provide structural design for the following: a. A new walkway extending from Plant 2 to Plant 4. b. A new stairway to replace the existing steep stairway between Plants 1 and 2. C. An access platform for the effluent weir on Plant 1. 2. Provide construction administration services including shop drawing review, field representation and providing a final walkthrough and punchlist 2. Exhibit C of the Contract is amended to provide an additional fee for Item P. Additional Walkway and Access Platform. The fee for the additional services to be performed by Engineer shall not exceed the lump sum of $8,314. h.A projects,cip\mcicynolds xNwtp\fiscal\apai psa amendment 7wwtp Plummer amendment 7.doc Page 53 3. All other provisions of the contract, which are not expressly amended herein, shall remain in full force and effect. EXECUTED on this the day of 2020, in Sanger, Denton County, Texas. OWNER: ENGINEER: CITY OF SANGER, TEXAS ALAN PLUMMER ASSOCIATES, INC. By: By: Alina Ciocan Jeffrey E. Caffey Title: City Manager Title: Principal, Group Leader Wastewater Team Witness: Witness: Page 54 Level 2 (Phase) No. and Description Level 3 (Task) No. and Description WALKWAY DESIGN AND CONSTRUCTION ADMINISTF A Design and CO 1 Coordination with Structural/Develop PCM 2 PCM Review B Level 2 (Phase) Name 1 Shop Drawing Review 2 Field Representation PM ADMINISTRATIVE= TASKS 1 Quality Control 2 Project Management TOTALLABOR Total Labor Hours Total Labor Amount Total Amounts by Labor Category Labor Category Percent of Total Labor TOTAL EXPENSES (see breakdown below) Total Subconsultants Total Reimbursables Total Expenses GRAND TOTAL - WALKWAY DESIGN AND CONSTRUC SUSCONSULTANT EXPENSES CITY OF SANGER, TX WASTEWATER TREATMENT PLANT WALKWAY DESIGN AND CONSTRUCTION ADMINISTRATION Principal Sr. Proj Mgr Proj Mgr Proj Engr I EIT I Technician Clerical OC (hrs) (hrs) (hrs) (hrs) (hrs) (hrs) (hrs) (hrs) 0 8 0 0 16 8 0 0 0 3 0 0 10 8 0 0 18 8 2 0 3 0 0 6 0 0 0 1 2 2 4 0 2 0 0 0 0 I 0 0 2 � i 0 8 0 0 16 8 0 0 $ - $ 1,920 $ - $ - $ 1,680 $ 1,120 $ - $ 0.0% 40.7% 0.0% 0.0% 35.6% 23.7% 0.0% 0.0% Code Description Budget ($$) Markup Fee ($$$) CA Architect Consultant $ 1.15 $ CC Civil En r Consultant $ 1.15 $ CE Electrical Consultant $ 1.15 $ CG Geotechnical Consultant $ 1.15 $ CM Mechanical Consultant $ 1.15 $ CO 10ther Consultant $ 1.15 $ CS Structural Consultant $ 3,000 1.15 $ 3,450 CY Surveying Consultant $ 1.15 $ C1 $ - 1.15 $ - C2 $ 1.15 $ C3 $ 1.15 $ C4 $ 1 1.15 $ C5 $ 1 1.15 $ C6 $ 1.15 $ TOTAL SUBCONSULTANT EXPENSES $ 3,000 REIMBURSABLE EXPENSES Total Labor Percent of Hours Fee ($$$) Total Fee 32 $ 4,720 100.0% 21 $ 2,890 61.2% 18 I $ 2.440 51.7 9 3 $ 1,350 $ 450 6 $ 900 1 2 0 $ 480 $ 1 2 $ 480 1 32 $ 4,720 1f $ 4,720 1f $ 3,450 $ 144 Code Description Budget ($$) Markup Fee ($$$) RA Laboratory Analysis $ 1.15 $ RC Computer $ 1.15 $ RH Historical $ 1.15 $ RI In -House Reproduction $ 25 1.15 $ 29 RL Long Distance Telephone $ 1.15 $ RM Employee Mileage $ 100 1.15 $ 115 RO Other Expenses $ - 1.15 $ - RP Purchased Services $ 1.15 $ RR Reproduction $ - 1.15 $ - RS Shipping, Delivery, Postage $ 1.15 $ RT Travel, Meals, Lodging $ - 1.15 $ - RU Telecommunications $ 1.00 $ R1 $ 1.15 $ R2 $ - 1.15 $ - TOTAL REIMBURSABLE EXPENSES $ 125 1 $ 144 Page 55 CITY OF SANGER, TX WASTEWATER TREATMENT PLANT WALKWAY DESIGN AND CONSTRUCTION ADMINISTRATION Level 2 (Phase) No. and Description Level 3 (Task) No. and Description Principal Sr. Proj Mgr Proj Mgr Proj Engr EIT Technician Clerical CIC (hrs) (hrs) (hrs) (hrs) (hrs) (hrs) (hrs) (hrs) Total Labor Percent of Total Fee Hours Fee ($$$) WALKWAY DESIGN AND CONSTRUCTION ADMINISTR 0 8 0 0 16 8 0 0 32 $ 4,720 100.0% F:\projects\1416\002-01\ProjectMgmt\Contracts\[WalkwayDesign&ConstructionAdmin Budget-Draft.xls] Project 2 01/14/20 Page 56 ! INSTALL \I 6 X2 REDUCER 2" 45- BEND RELOCATED �G METER AND BACKFLOW PREVENTER AND ENCLOSURE CAP LINE INSET SCALE: 1 "= 5' 17¢/PW/PVC (n'P) PLANT WATER LINE L 1 11 P 434400NFO ETL)R.-'ED 1 1i1 20 10 0 20 40 NIT T UE EFFL UENT - - _ PIPE TO Porvv y Il1 GRAPHIC SCALE 1" = 20 0 R Wo 11 zZ na�2L i o e GENERATOR RAW WASTEWATER f/ ,°.w lI - - }3�� — .A,. 'Oa CG} \ r ] Z O K P' C7 Vim} �_�__ ua PUMP STATION J �J c! EX 72" 5.5 - w F ~ il�--- ��Ft.-------- 1 w~^ GU4 y '--� EX 75" CLASS 50 POLYHE40 b'.ED 3 = ELECTRICAL �)- - - - I --- -- f- f T� EX. RE7URN LINE + I yl 2DUC'TICE IRON EFFL1/EN7 PrPF "j o W •� - SAR FX T8"_ .5. } owE BUILDING I SCRN EXIST. i I RAW AG yy 0 Ef ate. y� Lil SEWAGE %!+ I PUMP I 6 BLDG 1S PLANT WATER\lNE I z U - I.. S � 'i EXIST. BLOWER IIII IQIv 1 F (/ �li i 41I_ L w PVC SEE INSET 1 i k` %. W Rx F ArF. M THIS SHEEP 4`SA'oST f { L _L° �lllon 1Wl �p S�i�wN� --1 '? T 1 - kEf Sc o 'Cfy Ilk I I I rpm (c,+J I �:r -may o I f w� O 0 I I PROPOSED PEAK FLOW STORAGE BASIN YARD HYDRANT � OF 4, le, 09 SEE NOTE 3) U d 3 ui I l i a FINAL CLARIFIER II III I � EATMEN � i � N0. 1 z i 14 Ill PLAN NO. 1 I j o z Lo� Z a EFFLUENT LrL ncli EXIST. TREATMENT PLANT NO. 3 a 1 g LJ JQ H 2 �I I EXIST. R 7MENT I i PLA D. 2 z Z z y FINAL CLARIFIER NO- 2 d m UV BASIN E- Q `� Q �i E I m O }~ J Li W ', Ok a .. - CHLOR,NE SOLUTION LI.vE (BURED) II If .� I _ - _ _ - t _ J EXISL SLUDGE DRYING BEDS ! Q r„I . ..1 SSCO (2J �- - J Jw� I -- £Y G" DR IN LINE TO EA I lyi Q Fit TRATC LVE (BURIED) TUe I Z S I NOTES: Ex+57%1V(55 1. REFER TO G-004 FOR ADDITIONAL NOTES. cn EX/sr.. TR6TMENT fit. ------ ---- i/' f� l�h/QI Gr% J -Ad 1.17/� -� I i I 4 2. NEW PLANT WATER LINE IS SHOWN BOLD, ALL OTHER PROPOSED LINES ARE SHOWN o THIS SEAL THAT OfbGINALLY APPEARED ON THIS DOCUMENT WAS AUTHORIZED BY JEFFREY 4 PLANT NO. 4 A + _ J � 11 ! . 4 _ _ f % _lG>. • `�' I i LIGHTER FOR CLARITY. E I I 125 T I 3. PROVIDE BLOCK AND AND BLEED VALVE F. CAFtLY, TEXAS N0: Sla§& R ON 1-13-2017. - •.✓ - - - _ - - _ - - _ - _ _ EX. 8" ' 1TRAT£ LINES �" r-T L_ _ __ rj-11 I t FOR EACH EXPOSED YARD HYDRANT AND HOSE STATION. ALTERATION OF A'o DOCUMENT wm1GUT PROPER A i EX. 8" SLUDGE LIVES _ I i I I NOTtF�cAnaN OF THE RESPGNS U ENGINEER IS AN W OFFENSE UNDER THE TEXAS ENGINEERING PRACTICE ACT. _ 10 ROTARY PRESS & I SLUDGE 1 PLANT WATER LINE 71STATION i BAR IS ONE INCH ON 'o E I ORIGINA�WI G. 5' ONE INCH 6 r vCuly GLj. DESIGNED J. WHEELER POSTED FOR LON517�jJg11 pSCLIMENT DRAWN G. §CHILLING - TX5 ROSIiO FpR OOx$1fnMibn OOtlw[,R u�pRVORAtEg tN OM— DOCl EN S M W tNE ENGINE"' Q. CHECKED J. CAFFEY- ' ONO WH MDpF TXRS E ED DY 1DOCNIA X-O a N. YY s�- DDCUMENt°gF TAKE PKMEW, REVIEWED J. CAFFEY n WER TNK POSTED FOR CONST WFiON M. THE OPoGiNM.TT SEALED OOCU11EM5 ME ON 9LE AT THE ems' ^ 01 ^ / Y DF . OF ALAN PLUMMER ASSOCIATES, INC. TEvE flRu F-,S Nw°�g. C-004 0 i 310 S, UIIN ' 1 ORNE. 7-57 FORT worJrN, trxAs 7slm-sTu rz En-eDE-,°°° 1A16-002-01 a REMOVE AND REPLACE 50-FEET BY 8-INCHES OF }-INCH STEEL AT THE TOP OF THE TANK TO REPAIR RUST DAMAGE ©CUT OPENINGS IN WALL M-312 AB 1—AER3 -P&,4 1 4" 90'�£ - J EFFLUENT -J STEEL WEIR 4" 22.57 BEND — (TYP. 3) PIPE SUPPORT (TYP.) 310-V-24 6" BUTTERFLY VALVE PIPE RACK SUPPORT BAFFLE WALL 310-Y-25 BUTTERFLY STEEL 'b'i / BAFFLE WALL / / 4" 90' BEND, /AIT ID-oL Do / 310-V-23 4' BUTTERFLY VALVE \ 310-FCV-21 I 8" BUTTERFLY f JG VALVE W/ MOTOR Q OPERATOR I 8/ALP/STL AIRFLOW METER I G 6/RAS/PVC I I� 8" 90' BEND a Z o 4" 90' BEND (2) i i 6" 90' BEND / 6' 90' BEN[ j AB 1-AER2 REPLACE CLARIFIER DRIVE MOUNTING PLATE WITH GRATING_ / MATCH EXISTING MATERIALS AB1-AER4 r PIPE RACC!5 UUPPORT S-202 �r 8"x6" REDUCER I CUT OPENINGS 8"x8"x4' TEE IN WALL 4" 90' BEND ? _ M-312 \ 1� \ \ 4" 90' BEND A7 DAVIT CRANE (SEE NOTE 4) I DAVIT CRANE MOUNTS (TYP 2) ` (SEE NOTE 4) Q\Q A91-AER1 8"x8"x8' TEE (TYP. 2) / WALL BRACKET 8" 90' BEND (TYP. 2) PIPE SUPPORT (TYP) 354 8'x4" REDUCER � M-903 A81-AX1 NEW WALL W/ FLAT STEEL PLATE WEIR 1 TOW ELEV.=649.33 S-310 ' 4' 22.50' / ATF ORP BEND �Q t0-0 310-V-22 4" BUTTERFL VALVE 4" 22.5' BEND 4" 90' BEND 14/SRS/DIP - - INSTALL HANDRAIL EXTENSIONS ON BOTH HANDRAILS WHERE CIRCULAR WALKWAY WAS REMOVED UPPER PLAN SCALE: 1/4"=1'—O" PLANT NOTES: 1. REFER TO GENERAL NOTES ON SHEET G-004. 2. CONTRACTOR TO VERIFY ELEVATIONS PRIOR TO ORDERING AERATION EQUIPMENT. 3. ALL AIR PIPING SHALL BE WELDED UNLESS OTHERWISE NOTED. PLACE FLANGES ON AIR PIPING AT CONNECTIONS TO EQUIPMENT, VALVES, AND EXISTING PIPING AND AT TRANSffIONS FROM STL TO SS. 4. DAVIT CRANE SHALL BE HALLIDAY PRODUCTS MODEL D2836D OR APPROVED EQUAL. MOUNTS SHALL BE HALLIDAY PRODUCTS D25 OR APPROVED EQUAL. SEE DETAIL-2 ON S-202. S. CONTRACTOR SHALL PROVIDE TEMPORARY PIPING TO PLANT 1 AS NECESSARY. TEMPORARY PIPING SHALL MEET INDUSTRY STANDARDS FOR WASTEWATER FORCE MAIN APPLICATIONS AND BE APPROPRIATELY SUPPORTED. SEE SPECIFICATION 01105 "SEQUENCE OF CONSTRUCTION". En 6. MIXER AND PUMP LOCATION SHOWN ON SHEET M-311. © 7. SEE SPECIFICATION 05500 FOR GRADE OF NEW STEEL. PAINT NEW STEEL PER SPECIFICATION 09900. THIS SEAL THAT 1PPEARED ON TH WAS AUTHORIZED E. CAFFEY. TE)'A'. BAR IS ONE INCH ON ' ORIGINAL DRAWING. ONE INCH DESIGNED J. WHEELER POSTED FOR CONSTRUCTION OOCUMENi DRAWN .SCHIL.LING 7 r6 PasrEo POR corisTRucraN Do VMENT mmRP—TES THE MQi oaWUMS SFSLEn EW T«E ENGINEER CHECKED J. CAFFEY ALONG — W r T,m 65 m By AOOENpn WNwu THE M RNASL. !N ME a A INWREPANc. THE C REVIEWED J. CAFFEY K8N ORl SE i D OOCOM M — T.E PREMpENCi OVER NS POSTED FOR OOF6T M*. SEI, THE ORW LY 5EIAE9 OOGuuFN% mr oN ALL AT THE Seq. 47 �` 148 ornCE aP ALAN PLUMMER ASSOCWTES,INC. p�'M—J TOPE nRN t]]O 5. uxrv£RSlit ERNEK.. STATE 300 I O foal wORM, iEzi5 ]NIOT-E]e� 1 416-002-01 AIRFLOW METER 8' 45' BEND (SEE NOTE 5) FIT-340-21 10"x6" REDUCER 344 PLANT PIPE SUPPORT �Z 8 TD" AIR INLET � RESTRAIN d 10'x10"x8" TEE EXPANSI JOINT / 11 z � 650.00* P BLOWER pa a ..� �¢w 8" 90' BEND \ zZ 34O-FCV-21 41 54"x54" CONCRAD Qit � w� F S 8" BUTTERFLY VALVE W/ MOTOR OPERATOR S-201 NOTES: 10" 90 BEND PIPE S PORT 1. REFER TO GENERAL NOTES ON SHEET G-004. z 3 t i5 340-V--22 6" BUTTERFLY VALVE 8"x8" " TEE 2. CONTRACTOR TO VERIFY ELEVATIONS PRIOR TO ORDERING ° o q 65 .51 AERATION EQUIPMENT. SEE OTE 4 3. ALL AIR PIPING SHALL BE WELDED UNLESS OTHERWISE f ELECTRICAL CONDUIT `S� f0" 1NFLu£NT \ 4" AERATION DRAIN NOTED, PLACE FLANGES ON AIR PIPING AT CONNECTIONS TO EQUIPMENT, VALVES, AND EXISTING PIPING AND AT 4" CLARIFr£R DRAIN TRANSITIONS FROM STL TO SS. y z z m Ql 8` SO BEND (2) B"x4" REDUCER 340-V-23 4, PIPE BELOW TEE AND TO DIFFUSERS SHALL BE SS UNLESS OTHERWISE NOTED. c� o o � �94 F t 1 �tx 4' BUTTERF VALVE 6" FLG 90' BEND rL 635.40 5. LOCATE AIRFLOW METER ON EXISTING 10" PIPE WITH A t 6' MJ 90' BEND IL 627.80 MINIMUM CLEAR RUN WITHOUT OBSTRUCTION OF 16'-8" LO N 1 UPSTREAM AND 8'-4" DOWNSTREAM OF METER. z z z A AT! N 6" PLUG VALVE NEW 6" 6. LANCE STYLE DIFFUSERS SHALL BE OVNIVALEN ROQUIP MS n 0 n Z Q NEW FINE BUBBLE DIFFUSERS 1 I $TL ' FLANS TRANSMAX DIFFUSER OR APPROVED EQUIVALENT BY PLACED BY EXISTING o 0 0 M-341 55 WAWCON. FOR THE TWO DIFFUSERS a o Ud H _ / DIFFUSERS, MATCH THE DEPTH OF EXISTING DIFFUSERS. g 0 + WALL PENETRATION Q FOR BIDDING PURPOSES, ASSUME DIFFUSERS ARE 1'-6' ¢ a 4� S-310 FROM THE FLOOR. w aaa w w � U C7 ¢ 'z P,�� y / HYDROSTAnC M t o 4" 90' BEND (2) i BULXHEA(J / o � Z 4" BEND 6" SLUDGE E DISCHARGE' 1.5' 4" 25' BEND 11. zACCESS A � BRIbGE 5 E 4' DIGESTER GRAIN AIR \ H DER PIPE HEA Z W SKIMMER ARM �W-, > DRl11,, UNfT (n"P) ,�� 0 z ♦ 032,—ow'* 4" 22.5' BEND USE EXISTING WALL BRACKET (TYP) 4' 11.25' BEND 9 G� z 0I ' z 4" 22.5' BEND I w zQ I 4" 11.25' BEND SCRAPER ARM Q (TI,P.) "7-" L.L 0-14 O N C L \\ CUT 2'x2' SQ. OPENING PANEL IN STEEL WALL d ♦ 6-INCHES ABOVE FLOOR a 4" 90' BEND (2) INSTALL 2 NEW DROP n ?� ♦ PIPES AND DIFFUSERS p� AND SECURE TO EX. x \ 'f 3" SS PIPE SUPPORT f I BALL VALVE Q M ! \ �D DO \ �,ac 4" DIGESTER DRAIN ♦ \Fi \ S<INSTALL ro THIS SEAL THAT ORIGINALLY o / DO \ 4" BLIND FLANGE APPFAREO ON THIS DOCUMENT , AIT ' \ \ EAS�EY,,TDMo: 8FREY es6 i NEW FINE BUBBLE DIFFUSERS 40- ] I \ \ \ INSTALL 10" FLG 90' BEND oN 1-13-2an. / 10' MJ 90' BEND ALTERATION OF A SEALED a M-341 i INSTALL NEW 10" DIP DDCUAENT WITHOUT PROPER NOTIFr-ATi0N OF THE a RESPONSIBLE ENGINEER IS AN ! BLENDING SLUDGE EFFLUENT PIPE EN ACTT. HOI DING TANK ENGINEERING PRACTICE AERATION TIE IN TO EXISTING 10" DIP a EFFLUENT PIPE BELOW GRADE S \ INSTALL NEW DROP PIPES AND DIFFUSERS (6 TOTAL) WITH S STABILIZING BARS AND CONNECT O Q TO EXISTING AIR HEADER N ACCESS WALKWAY B"x4C MJ TEE BAR IS ONE INCH ON 'o ORIGINAL DRAWING. 61 g , 8• am 3" STEEL AIRLIFT DISCHARGE PIPE TO DISCHARGE INSTALL NEW 8" \ 8iy ONE INCH INTO HOLDING TANK FLANGE OUTLET 8' PLUG VALVE c / FT � ALC, ST POSTED FOR CONROTION_DOCUMEtu DESIGNED 0. WHEELER n DRAWN G. SCHILLING Q3 8" FIG 90' BEND / T"'iNEMUD iwFOR nocE �s Asa ar`rH¢ EDiocRTC urWs CHECKED J. CAFFEY _ INSTALL BLIND FLANGE ON 8-INCH M-341 8" MJ 90' BEND \ ® AI°Nc WH uoDIFi TIDNS ISSUED W e MENDA W R THE D. P-s E. i" cNS CF A DISC E—ff THE REVIEWED J. CAFFEY o FLANGED OUTLET. TAP BLIND DRN nuu• s Tco Do 4-E R- 7-E PRECEDENCE WER rws PosTE6 raR crnusrxucrwN sE TNT Seq. 63 " 148 e FLANGE FOR RECONNECTION OF AIRLIFT PUMP HOSE I PLAN 8" PLUG VALVE °N,cwut. sEAiE6 DDCDICENO ARE °N n1c ATrHE DR or ���� o A V ALAN PLUMMER ASSOCIATES, INC., 19PE FlRu SCALE: 1 /4"=1'-0" \ — t3EpiT WORM, T� 3° ]SI DiuS 5:C° 1416-002-01 a an-eoe-n6° SANGER CITY COUNCIL AGENDA MEMO * TEXAS AGENDA ITEM NO.8. AGENDA MEETING DATE: March 2, 2020 TO: Alina Ciocan, City Manager FROM: Muzaib Riaz, Planner, Development Services ITEM/CAPTION: Small Wireless Facilities Policy and Design Manual Consider, Discuss, and Act on Ordinance # 02-05-20 Adding Chapter 16 "Right -of -Way Management" in the City of Sanger Code of Ordinances, And Adopting City of Sanger Small Wireless Facilities Policy and Small Wireless Facilities Design Guidelines. AGENDA TYPE: Regular ACTION REQUESTED: Approval BACKGROUND: City of Sanger in consultation with HR Green has established standards for regulating small wireless facilities within the City of Sanger in response to Federal Communication Commission (FCC) Ruling on September 28, 2018. The ruling establishes shot clocks for permit approval, permitting fees, and limits on local governments control of small wireless infrastructure in terms of its location within the right-of-way (ROW). These standards are intended to protect the aesthetic character of the City, and ensure safety of the general public. These standards also establish fees for permitting and City Infrastructure and ROW use by small wireless facility service providers. LEGAL/BOARD COMMISSION RECOMMENDATIONS/CITIZEN NOTICE FEEDBACK: N/A FINANCIAL SUMMARY - FUNDING/FISCAL IMPACT: N/A FUNDS: N/A STAFF RECOMMENDATION/ACTION DESIRED: Staff recommends APPROVAL of Ordinance # 02-05-20, Adding Chapter 16 "Right -of -Way Management" in the City of Sanger Code of Ordinances, And Adopting City of Sanger Small Wireless Facilities Policy and Small Wireless Page 61 Facilities Design Guidelines. ATTACHMENTS: Description Upload Date Type Small Wireless Facilities Policy Ordinance # 02-05-20 With Design 2/24/2020 Exhibit Manual Exhibit Page 62 ORDINANCE # 02-05-20 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, ADDING CHAPTER 16 "RIGHT-OF-WAY MANAGEMENT" IN THE CITY OF SANGER CODE OF ORDINANCES, AND ADOPTING CITY OF SANGER SMALL WIRELESS FACILITIES POLICY AND SMALL WIRELESS FACILITIES DESIGN GUIDELINES; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE IN ACCORDANCE WITH SECTION 1.109 OF THE CODE OF ORDINANCE FOR VIOLATIONS; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: SECTION 1. That Chapter 16, "Right -of -Way Management" of the Code of Ordinances, City of Sanger is hereby created and reads as follows: CHAPTER 16 — RIGHT-OF-WAY MANAGEMENT Article 16.100 — SMALL WIRELESS FACILITIES Sec. 16.101 - Purpose and Scope (1) The purpose of this Chapter is to establish policies and procedures for the placement of node support poles, transport facilities, and network nodes, as they are defined by this Chapter and Chapter 284 of the Texas Local Government Code, within the rights -of -way in the City of Sanger, which will provide public benefits and will be consistent with the preservation of the integrity, safe usage, and visual qualities of the City public right-of- way and the City as a whole. The policy establishes standards for the siting and design of node support poles, transport facilities, and network nodes. As such, the provisions of this policy are intended to regulate and guide the installation of network nodes on existing infrastructure and to regulate and guide the installation of new node support poles and transport facilities when needed. It is the desire of the City to encourage the development of an aesthetically pleasing local environment. It is also the intent of the City to encourage the expansion of wireless technology, as it provides a valuable service to City residents and businesses. It is not the City's goal to unreasonably discriminate among providers of functionally equivalent services nor to have the effect of prohibiting, either directly or indirectly, the provisions of small wireless services. It is the City's goal to encourage wireless providers to construct new facilities disguised through techniques of camouflage, concealment, and stealth design, as defined in this Policy. Page 63 (2) In enacting this Chapter, the City is establishing uniform standards to address issues presented by network nodes, including without limitation, ensuring that network nodes, transport facilities, or node support poles do not adversely affect: (a) use of streets, sidewalks, alleys, parkways and other public ways and places; (b) vehicular and pedestrian traffic; (c) the operation of facilities lawfully located in public right-of-way or public property; (d) the ability of the City to protect the environment, including the prevention of damage to trees; (e) the character of residential and historic areas, and city parks, in which network nodes may be installed; and (f) the rapid deployment of network nodes to provide the benefits of wireless services. (3) A recent FCC Order states that all local jurisdictions must comply with various rules and recommendations on the exercise of local aesthetic, zoning, public works, and fee schedules when dealing with network node (Small Wireless Facility) installations. The FCC Order also concludes that local governments function as regulators of their rights -of - way. The FCC's Declaratory Ruling and Third Report & Order concluded that when local governments regulate, they do so as a regulatory function. This section supports this view of local governments acting as regulators. Thus, Sanger, Texas is in clear need of policies that support their role as a regulator of their rights -of -way. (4) The City recognizes its responsibilities under the federal Telecommunications Act of 1996 and Texas law (Chapter 284 of the Texas Local Government Code) and believes that it is acting consistent with the federal Telecommunications Act and Chapter 284 of the Texas Local Government Code in ensuring that development activity does not endanger public health, safety, or welfare. The City intends this Policy to ensure that the installation, augmentation and relocation of network node installations in the public rights -of -way are conducted in such a manner as to lawfully balance the legal rights of applicants under the federal Telecommunications Act and Chapter 284 of the Texas Local Government Code with the rights, safety, privacy, property and security of residents of the City. (5) This Chapter is not intended to, nor shall it be interpreted or applied to: (1) prohibit or effectively prohibit any wireless telecommunications service provider's ability to provide wireless services; (2) prohibit or effectively prohibit any entity's ability to provide any interstate or intrastate telecommunications service; (3) unreasonably discriminate among providers of functionally equivalent services; (4) deny any request for authorization to place, construct or modify wireless telecommunications service facilities on the basis of environmental effects of radio frequency emissions so long as such wireless facilities comply with the FCC's regulations concerning such emissions; (5) prohibit any collocation or modification that the City may not deny under federal or state law; or (6) otherwise authorize the City to preempt any applicable federal or state law. Page 64 (6) This Chapter supersedes all Chapters, parts of Chapters or rules adopted prior hereto that are in conflict herewith, to the extent of such conflict. See. 16.102 - Definitions (1) "Antenna" means communications equipment that transmits or receives electromagnetic radio frequency signals used in the provision of wireless services. (2) "Applicable codes" means: (a) uniform building, fire, electrical, plumbing, or mechanical codes adopted by a recognized national code organization; and (b) local amendments to those codes to the extent not inconsistent with this Chapter. (3) "Applicable Law" means Chapter 284 of the Texas Local Government Code and federal law to the extent it preempts local control. (4) "Applicant" means any person who submits an application and is a network provider. (5) "Application" means a request submitted by an applicant (i) for a permit to collocate network nodes; or (ii) to install a transport facility; or (iii) approve the installation, replacement or modification of a pole. (6) "Base station" means a structure or equipment at a fixed location that enables FCC -licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower or any equipment associated with a tower. (7) "Certificated telecommunications provider" (CTP) means a person who has been issued a certificate of convenience and necessity, certificate of operating authority, or service provider certificate of operating authority by the Public Utility Commission to offer local exchange telephone service. A CTP does not include a network provider, as defined herein. (8) "Chapter 284" means Texas Local Government Code; Title 9. Public Buildings and Grounds; Subtitle A. Municipal Public Buildings and Grounds; Chapter 284. Deploy of Network Nodes in Public Right -of -Way. (9) "City" means the City of Sanger, Texas. As used throughout, the term City also includes the designated agent of the City. (10) "City Code" means those ordinance provisions relevant to use of the public right-of-way where compliant with applicable law. (11) "Collocate" and "collocation" means the installation, mounting, maintenance, modification, operation, or replacement of network nodes in a public right-of-way on or adjacent to a pole. (12) "Concealment" means any wireless facility or pole that is covered, blended, painted, disguised, or otherwise concealed such that the wireless facility blends into the surrounding environment and is visually unobtrusive. A concealed wireless facility or pole also includes Page 65 any wireless facility or pole conforming to the surrounding area in which the wireless facility or pole is located and may include, but is not limited to hidden beneath a fagade, blended with surrounding area design, painted to match the supporting area, or disguised with artificial tree branches. (13) "Day" means calendar day. (14) "Decorative pole" means a streetlight pole specially designed and placed for aesthetic purposes and on which no appurtenances or attachments, other than specially designed informational or directional signage or temporary holiday or special event attachments, have been placed or are permitted to be placed according to nondiscriminatory municipal codes. (15) "Design district" means an area that is zoned, or otherwise designated by municipal code, and for which the city maintains and enforces unique design and aesthetic standards on a uniform and nondiscriminatory basis. (16) "Duct or conduit" means a single enclosed raceway for cables, fiber optics, or other wires. "Duct" or "conduit" shall not include the maintenance duct associated with a conduit that is reserved for use in replacing damaged cable or for rerouting purposes. (17) "Eligible facilities request" means any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving: (i) Collocation of new transmission equipment; (ii) Removal of transmission equipment; or (iii) Replacement of transmission equipment. (18) "Facilities" means the plant, equipment, and property, including, but not limited to, lines, transport service, poles, mains, pipes, conduits, ducts, cables and wires located under, on or above the surface of the ground within the public right-of-way and valves, and related facilities and equipment used or useful for the provision of utility services, wireless or network services, or communications services to the public. (19) "Historic district" means an area that is zoned or otherwise designated as a historic district under municipal, state, or federal law. (20) "Law" means common law or a federal, state, or local law, statute, code, rule, regulation, order, or ordinance. (21) "Macro tower" means a guyed or self -supported pole or monopole greater than the height parameters prescribed by Section 5 of this Chapter and that supports or is capable of supporting antennas. (22) "Micro network node" means a network node that is not larger in dimension than 24 inches in length, 15 inches in width, and 12 inches in height, and that has an exterior antenna, if any, not longer than 11 inches. Page 66 (23) "Municipally owned utility pole" means a utility pole owned or operated by a municipally owned utility, as defined by Section 11.003, Utilities Code, and located in a public right- of-way. (24) "Municipal park" means an area that is zoned or otherwise designated by municipal code as a public park for the purpose of recreational activity. (25) "Network node" means equipment at a fixed location that enables wireless communications between user equipment and a communications network. The term: (a) includes: i. equipment associated with wireless communications; ii. a radio transceiver, an antenna, a battery -only backup power supply, and comparable equipment, regardless of technological configuration; and iii. coaxial or fiber-optic cable that is immediately adjacent to and directly associated with a particular collocation; and (b) does not include: i. an electric generator; ii. a pole; or iii. a macro tower. (26) "Network provider" means: (a) a wireless service provider; or (b) a person that does not provide wireless services and that is not an electric utility but builds or installs on behalf of a wireless service provider: i. network nodes; or ii. node support poles or any other structures that supports or is capable of supporting a network node. (27) "Node support pole" means a pole installed by a network provider for the primary purpose of supporting a network node. (28) "Order" means the FCC's Declaratory Ruling and Third Report and Order, WT Docket No. 17-79, WC Docket No. 17-84, FCC- 18-133, released September 27, 2018. (29) "Permit" means a written authorization for the use of the public right-of-way or collocation on a service pole required from a municipality before a network provider may perform an action or initiate, continue, or complete a project over which the municipality has police power authority. Page 67 (30) "Person" means an individual, corporation, limited liability company, partnership, association, trust, or other entity or organization, including the City. (31) "Pole" means a service pole, municipally owned utility pole, node support pole, or utility pole. (32) "Private easement" means an easement or other real property right that is only for the benefit of the grantor and grantee and their successors and assigns. (33) "Public right-of-way" means the area on, below, or above a public roadway, highway, street, public sidewalk, alley, waterway, or utility easement in which the municipality has an interest. The term does not include: (a) a private easement; or (b) the airwaves above a public right-of-way with regard to wireless telecommunications. (34) "Public right-of-way management ordinance" means an ordinance that establishes the rules and regulations regarding the public right-of-way. (35) "Public right-of-way rate" means an annual rental charge paid by a network provider to a municipality related to the construction, maintenance, or operation of network nodes within a public right-of-way in the municipality. (36) "Routine Maintenance" means: (a) work in the public right-of-way that does not require excavation or closing of sidewalks or vehicular lanes in a public right-of-way; (b) replacing or upgrading a network node or pole with a node or pole that is substantially similar in size or smaller and that does not require excavation or closing of sidewalks or vehicular lanes in a public right-of-way; or (c) the installation, placement, maintenance, operation, or replacement of micro network nodes that are strung on cables between existing poles or node support poles, in the public right-of-way. (37) "Service pole" means a pole, other than a municipally owned utility pole, owned or operated by a municipality and located in a public right-of-way, including: (a) a pole that supports traffic control functions; (b) a structure for signage; (c) a pole that supports lighting, other than a decorative pole; and (d) a pole or similar structure owned or operated by a municipality and supporting only network nodes. (38) "Small cell or small wireless facility" means a facility meeting all of the following criteria: Page 68 (a) facilities mounted on structures 30 feet or less in height including their antennas, or on structures no more than 10 percent taller than other adjacent structures, or that do not extend existing structures where they are located to a height of more than 30 feet or by more than 10 percent, whichever is greater; (b) each antenna is no more than 3 cubic feet in volume; (c) all other wireless equipment associated with the structure, including wireless equipment associated with the antenna and any pre-existing associate equipment on the structure is no more than 28 cubic feet in volume; and (d) facilities do not result in human exposure to radio frequency radiation in excess of applicable safety standards specified in 47 CFR Rule 1.1307(b). Unless specifically provided for herein, provisions addressed to network nodes herein shall also apply to small cells and small wireless facilities. (39) Stealth shall mean a method that hides or conceals an antenna, supporting electrical or mechanical equipment or any other support structure, including network nodes. (40) "Technical Grounds" means, in light of prevailing industry and engineering standards, reasons of insufficiency of capacity, safety, reliability and/or generally applicable engineering purposes consistent with applicable law and City Code. (41) "Tower" means any structure built for the sole or primary purpose of supporting any FCC - licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site. (42) "Transport facility" means each transmission path physically within a public right-of- way, extending with a physical line from a network node directly to the network, for the purpose of providing backhaul for network nodes. (43) "Utility pole" means a pole that provides: (a) electric distribution with a voltage rating of not more than 34.5 kilovolts; or (b) services of a telecommunications provider, as defined by Section 51.002, Utilities Code. (44) "Wireless service" means any service, using licensed or unlicensed wireless spectrum, including the use of Wi-Fi, whether at a fixed location or mobile, provided to the public using a network node. (45) "Wireless service provider" means a person that provides wireless service to the public. Page 69 Sec. 16.103 - Permitted Use; Application and Fees (1) Permitted Use: Collocation of network nodes, and the placement of transport facilities and node support poles, meeting the parameters set forth in Section 5 below and in applicable law, shall be a permitted use. No zoning or land use review shall apply, subject to the requirements in Section 5. (2) Permit Required. No person shall place a network node, transport facility, or node support pole in the public right-of-way, without first filing a permit application and obtaining a permit therefore, except as otherwise provided in this Chapter. (3) Permit Application. All permit applications filed pursuant to this Chapter shall be on a form, paper or electronic, provided by the City. The Applicant may designate portions of its application materials that it reasonably believes contain proprietary or confidential information as "proprietary" or "confidential" by clearly marking each page of such materials accordingly. (4) Application Requirements. The permit application shall be made by the network provider or its duly authorized representative and shall contain the following: (a) The Applicant's name, address, telephone number, e-mail address, and signatures. (b) The names, addresses, telephone numbers, and e-mail addresses of all consultants, if any, acting on behalf of the Applicant with respect to the filing of the application. (c) The applicant shall disclose if the applicant proposes that the facilities will be located in: a design district; historic district; within three -hundred (300) feet of public art; near a historic site, or a structure or landmark recognized as historic by the city, state or federal government; within a municipal park; within a residential district; or in an area that has undergrounding requirements. (d) The applicant shall provide detailed drawings in electronic form, with calculations and dimensions to show strict conformity to the size, distance and spacing limitations in this Chapter. (e) The applicant requesting a permit shall provide the City with documentation in the format specified by the City. (f) The applicant shall provide analysis indicating that the proposed facilities will not cause any interference with City public safety radio system, traffic signal light system, or other City safety communications components. (g) The applicant must provide the specific address for all facilities that will be located on a pole. Addresses are determined by the City. The applicant shall provide a dated aerial photograph of the overall site depicting the site's relation to major streets and highways and poles. For any application requesting a new pole, photos are required showing the before and after conditions. Page 70 (h) The applicant must ascertain, in consultation with the City, whether any other authorizations from the City will be required in order for the proposed installation to be made and completed. For all applications for the installation or construction of wireless facilities, including network nodes and node support poles, if any such additional authorizations are required, the applicant is responsible for providing all the information necessary for the City to review and act on the additional authorizations. Such additional authorizations that must be included with the application shall include, but not be limited to, executed agreement(s) with the City for attachment to service poles. (i) A site specific non -ionizing electromagnetic radiation (VIER) report for the network node equipment type and model being installed at the site that is endorsed by a radiofrequency engineer licensed in the State of Texas, including a certification that the network node complies with all radiation and electromagnetic standards. The report shall specify approach distances to the general public and occupational workers at the ground and antenna centerline levels. The report shall include instructions regarding powering off the equipment or contact information for a person who can power off the equipment. No significant changes to the power, location, RF emission patterns and/or emitting frequencies may be made without prior notification and approval. However, non -substantive changes, for example, in -kind replacements of transmitters of the same frequency, radiation patterns and power are permitted. The City retains the right to independently verify the RF patterns as installed. (j) Completeness. The application is not complete unless it contains all information required by this Section, requested on the application form, and required by any supplemental list of required documentation provided by the City with the application form. (5) Exceptions. (a) No application, permit or fee is required of network providers for: i. routine maintenance that does not require excavation or closing of sidewalks or vehicular lanes in a public right-of-way; ii. replacing or upgrading facilities that are substantially similar in size or smaller; and that do not require excavation or closing of sidewalks or vehicular lanes in a public right-of-way; or iii. the installation, placement, maintenance, operation, or replacement of micro network nodes or similar structures that are strung on cables between existing poles or node support poles, in compliance with the National Electric Safety Code. If, however, traffic will be affected by the installation, placement, maintenance or replacement of a micro network node or similar structure, a traffic control plan is required. Page 71 (b) Substantially similar shall mean: i. the new or upgraded facility, including the antenna or other equipment element, will not be more than ten (10) percent larger than the existing facility or 10 feet, whichever is greater; or the extension of facilities less than six feet from a tower; or the new or upgraded pole will not be more than ten (10) percent higher than the existing pole, provided that the increase may not result in the pole exceeding the applicable height limitations prescribed by this Chapter and Local Government Code Chapter 284, as may be further amended; or increasing the size of ground equipment cabinets by ten percent in height or volume; and ii. the replacement or upgrade does not include replacement of an existing pole; and iii. the replacement or upgrade does not defeat existing concealment elements of a pole; and iv. the determination of whether a replacement or upgrade is substantially similar is made by measuring from the dimensions of the facilities as approved by the City. (c) Although no application, permit or fee is required, the City requires advance notice of the work described above and approval of the pole's owner for that specific address. Work under this section must still meet all other requirements in this Chapter. (6) Information Updates. Any amendment to information contained in a permit application shall be submitted in writing to the City within 30 days after the change necessitating the amendment. (7) Application Fees. All applications for permits pursuant to this Chapter shall be accompanied by a non -recurring fee of $500 for up to five network nodes addressed in the same application, $100 for each additional node in the same application; and a non- recurring fee of $1000 for each node support poles. Fees per application for network nodes, transport facilities, and poles are the maximum allowed by Texas Local Government Code Chapter 284 or the Order, whichever is lower, as further amended. The City of Sanger reserves the right to require an applicant to pay the fees and costs of any consultant retained by the City to assist in the review of plans, applications, reports, inspections, and/or testing. (8) Design Manual. In addition to the application requirements above, the application must conform with the design guideline requirements as specified in the City's design manual, which are incorporated herein by this reference. Page 72 Sec. 16.104 - Action on Permit Applications (1) Review of Applications. The City shall review applications for network nodes, node support poles and transport facilities in light of their conformity with applicable law and City Code and shall issue such permits on nondiscriminatory terms and conditions subject to the following requirements: (a) Within 10 days of receiving an application for a network node, node support pole, or a transport facility, the City shall determine and notify the Applicant whether the application is complete; or if incomplete, the City must specifically identify the missing information in such notification. There shall be no fee charged for completion and resubmittal of an application. (b) The City shall make its final decision to approve or deny a complete application no later than (i) 21 days after receipt of a complete application for a transport facility, (ii) 60 days after receipt of a complete application for a network node; and (iii) 90 days after receipt of a completed application for a new node support pole. (c) The City shall advise the Applicant in writing of its final decision, and, if denied, the basis for that denial, including specific provisions of City Code or applicable law on which the denial was based, and send the documentation to the Applicant on or before the day the City denies the application. The Applicant may cure the deficiencies identified by the City and resubmit the application within 30 days of the denial without paying an additional application fee. The City shall approve or deny the revised application within 90 days of receipt of the amended application. The subsequent review by the City shall be limited to the deficiencies cited in the original denial. (d) An applicant seeking to collocate network nodes may, at the Applicant's discretion, file a consolidated application and receive permits for up to 30 network nodes. Provided however, the City's denial of any node within a single application shall not affect other nodes submitted in the same application. The City shall grant permits for any and all nodes in a single application that it does not deny, subject to the requirements of this Section. (2) Review of Eligible Facilities Requests. Notwithstanding any other provision of this Chapter, the City shall approve and may not deny applications for eligible facilities requests within sixty (60) days according to the procedures established under 47 CFR 1.40001 c . Sec. 16.105 - Network Nodes in the Public right-of-way; Maximum Height; Other Requirements (1) Maximum Size of Permitted Use. Permitted use network nodes, including without limitation, network nodes, transport facilities, or node support poles in the public right-of- way shall be subject to the following size limitations: Page 73 (a) Each antenna that does not have exposed elements and is attached to an existing structure or pole: i. must be located inside an enclosure of not more than six cubic feet in volume; ii. may not exceed a height of three feet above the existing structure or pole; and iii. may not protrude from the outer circumference of the existing structure or pole by more than two feet; (b) If an antenna has exposed elements and is attached to an existing structure or pole, the antenna and all of the antenna 's exposed elements: i. must fit within an imaginary enclosure of not more than six cubic feet; ii. may not exceed a height of three feet above the existing structure or pole; and iii. may not protrude from the outer circumference of the existing structure or pole by more than two feet; iv. must be mounted flush with the pole near the top (c) The cumulative size of other wireless equipment associated with the network node attached to an existing structure or pole may not: I. be more than 28 cubic feet in volume; or II. protrude from the outer circumference of the existing structure or pole by more than two feet; III. attachments on all poles shall be at least 12 feet above grade, and if a Network Node attachment is projecting toward the street, the attachment shall be installed no less than sixteen (16) feet above the ground. (d) Ground -based enclosures, separate from the pole, may not be higher than three feet six inches from grade, wider than three feet six inches, or deeper than three feet six inches; (e) Pole -mounted enclosures may not be taller than five feet; and (f) The following types of associated ancillary equipment are not included in the calculation of equipment volume: I. electric meters; II. concealment elements; III. telecommunications demarcation boxes; Page 74 IV. grounding equipment; V. power transfer switches; VI. cut-off switches; and VII. vertical cable runs for the connection of power and other services. (g) Equipment attached to node support poles may not protrude from the outer edge of the node support pole by more than two feet. (h) Equipment attached to a utility pole must be installed in accordance with the National Electrical Safety Code, subject to applicable codes, and the utility pole owner 's construction standards. (i) A network provider shall ensure that each new, modified, or replacement utility pole or node support pole installed in a public right-of-way in relation to which the network provider received approval of a permit application does not exceed the lesser of: I. are mounted on structures 30 feet or less in height including their antennas, or II. are mounted on structures no more than 10 percent taller than other adjacent structures, or III. do not extend existing structures on which they are located to a height of more than 30 feet or by more than 10 percent, whichever is greater; and IV. shall be at a minimum 300 feet from a utility pole or another Node Support Pole Q) Network node facilities must not result in human exposure to radio frequency radiation in excess of applicable safety standards specified in 47 CFR Rule 1.1307 b , or as specifically amended by the FCC. After transmitter and antenna system optimization, but prior to unattended operations of the facility, the wireless provider or its representative must conduct on -site post -installation RF emissions testing to demonstrate actual compliance with the FCC OET Bulletin 65 RF emissions safety rules for general population/uncontrolled RF exposure in all sectors. For this testing, the transmitter shall be operating at maximum operating power, and the testing shall occur outwards to a distance where the RF emissions no longer exceed the uncontrolled/general population limit. The wireless provider shall submit documentation of this testing to the City within ninety (90) days after installation of the facility. RF emissions testing shall be conducted annually and the wireless provider shall submit documentation of this testing to the City within ninety (90) days after the testing is completed. (k) EXCEPTIONS. A network provider may construct, modify, or maintain in a public right-of-way a network node or node support pole that exceeds the height or Page 75 distance limitations prescribed by this Chapter only if the City approves the construction, modification, or maintenance subject to all applicable zoning or land use regulations and applicable codes. (2) Undergrounding Provisions. A network provider shall comply with nondiscriminatory undergrounding requirements, including City ordinances, zoning regulations, state law, private deed restrictions, and other public or private restrictions, that prohibit installing aboveground structures in a public right-of-way without first obtaining zoning or land use approval. This requirement or restriction shall not be interpreted to prohibit a network provider from replacing an existing structure. (3) Concealment. Facilities shall be concealed or enclosed as much as reasonably possible in an equipment box, cabinet, or other unit that may include ventilation openings. External cables and wires hanging off a pole shall be sheathed or enclosed in a conduit, so that wires are protected and not visible or visually minimized. Guy wires, anchors, pedestals, boxes, and other above grade facilities shall not fully or partially encroach within a sidewalk area. (4) Historic Areas and Design Districts. Stealth or concealment of facilities and poles shall be required by the City in design districts with decorative poles, in historic districts, and within three -hundred (300) feet of a historic site or structure or historic landmark recognized by the city, state or federal government. Subject to the permit application approval time frames in Section 4, a network provider must obtain advance approval from the City before collocating new network nodes or installing new node support poles in any areas zoned or designated as a historic district or as a design district if the district has decorative poles. Such installations shall be subject to the design and aesthetic standards of such areas. (5) Installation in Municipal Parks and Residential Areas. A network provider may not install a new node support pole in a public right-of-way without the City's discretionary, nondiscriminatory, written consent of the City Engineer, if the public right-of-way is located in a municipal park or is adjacent to a street or thoroughfare that is 1) not more than 50 feet wide; and 2) adjacent to single-family residential lots or other multifamily residences or undeveloped land that is designated for residential use by zoning or deed restrictions. A network provider shall comply with private deed restrictions and other private restrictions when installing network nodes in parks and residential areas. (6) Zoning. A network provider seeking to construct, replace or modify a pole or node in the public right-of-way that exceeds the height or size limits contained in this section, shall be subject to applicable zoning requirements. Sec. 16.106 - Effect of Permit (1) Authority Granted. A permit from the City authorizes an applicant to undertake only certain activities in accordance with this Chapter, and does not create a property right or grant authority to the Applicant to impinge upon the rights of others who may already have an interest in the public right-of-way. Page 76 (2) Time of Installation. A network provider shall begin the installation for which a permit is granted not later than six months after final approval and shall diligently pursue the installation to completion. Provided, however, the City may place a longer time limit on completion or grant reasonable extensions of time as requested by the network provider. (3) Right to Occupy. Once a network provider has collocated a network node or placed a node support pole pursuant to a permit, the provider shall be permitted to continue to maintain such collocation or such pole unless required to remove or relocate under the terms of this Chapter. (4) Interference with network nodes. City will not grant a permit to any Person to install any network node or other wireless facility if the City knows or has reason to know that such Person's use of such network node of other wireless facility may in any way adversely affect or interfere with the use and operation of an existing and operational network node for which the City has previously issued a permit. Sec. 16.107 - Removal, Relocation or Modification of Network Nodes in the ROW (1) Notice. Within 90 days following written notice from the City, a network provider shall, at its own expense, protect, support, temporarily or permanently disconnect, remove, relocate, change or alter the position of any network node or node support pole within the public right-of-way whenever the City has determined that such removal, relocation, change or alteration, is reasonably necessary for the construction, repair, maintenance, or installation of any City improvement in or upon, or the operations of the City in or upon, the public right-of-way. (2) Emergency Removal or Relocation of Facilities. The City retains the right and privilege to disconnect or move any network node located within the public right-of-way of the City, as the City may determine to be necessary, appropriate or useful in response to any public health or safety emergency. If circumstances permit, the City shall notify the network provider and allow the network provider an opportunity to move its own facilities prior to the City disconnecting or removing a facility and shall notify the network provider after disconnecting or removing a network node or node support pole. (3) Abandonment of Facilities. Upon abandonment of a network node or node support pole within the public right-of-way, the network provider shall notify the City within 90 days. Following receipt of such notice, the City may direct the network provider to remove all or any portion of a network node or node support pole if the City, or any of its departments, determines, subject to City Code, that such removal is necessary to protect public health, safety and welfare. Sec. 16.108 - Public Right -of -Way Rate (1) Annual Rate. Once a network provider has installed and made operational a network node in the public right-of-way, network provider shall pay to the City compensation for use of Page 77 the public right-of-way in the amount of $250 annually per node in the City public right- of-way. (2) At the City's discretion, the City may charge a network provider a lower rate or fee if the lower rate or fee is: (a) nondiscriminatory; (b) related to the use of the public right-of-way; and (c) not a prohibited gift of public property. (3) Cease Pam. A network provider is authorized to remove its facilities at any time from the public right-of-way and cease paying the City compensation for use of the public right- of-way following removal and notification to the City of such removal. Sec. 16.109 - Attachment to Service Poles in the Public Right -of -Way A network provider shall be permitted to attach network nodes to city -owned service poles, consistent with applicable law and City Code and subject to the requirements specified herein. (1) Permits. A network provider shall obtain a permit, pursuant to the terms of this Chapter, prior to collocating network nodes on service poles. (2) Make Ready. Network Provider shall be responsible for costs for make ready work on City service poles to which provider seeks to place a network node. (3) Technical Limitations. In the event the City determines, based upon technical grounds, that inadequate space exists on a service pole to accommodate the proposed network node, such pole may be replaced by network provider, at the network provider's expense, with a service pole with adequate space to accommodate the proposed network node. (4) Facilities Rearrangements. If another provider would have to rearrange or adjust any of its facilities to accommodate a new network node, the City shall use reasonable efforts to work with the affected providers to coordinate such activity. All make ready work shall comply with NESC, and other applicable codes. The Applicant shall not be responsible for any third -party costs, including those of other network providers, to adjust existing attachments that are non -compliant with the NESC and other applicable codes at the time of the application. (5) Service Pole Attachment Fee. The rate to collocate a network node on a service pole in the public right-of-way shall be $20 per pole per year. Subject to the provisions of Section 10, such compensation together with the application fee and the public right-of-way rate specified in Section 8 shall be the sole compensation that the network provider shall be required to pay to the City. (6) Cease Pam. A network provider is authorized to remove its facilities at any time from a service pole in the public right-of-way and cease paying the attachment fee to the City upon notification to the City that the facilities have been removed. Page 78 Sec. 16.110 - Transport Facilities Installation of transport facilities, including applicable compensation to the City for such facilities, shall be governed by this Section. (1) A network provider that wants to connect a network node to the network using the public right-of-way may: (a) install its own transport facilities subject to Subsection (2); or (b) obtain transport service from a person that is paying municipal fees to occupy the public right-of-way that are the equivalent of not less than $28 per node per month. (2) A network provider may not install its own transport facilities unless the provider: (a) has a permit to use the public right-of-way; and (b) pays to the municipality a monthly public right-of-way rate for transport facilities in an amount equal to $28 multiplied by the number of the network provider 's network nodes located in the public right-of-way for which the installed transport facilities provide backhaul unless or until the time the network provider's payment of municipal fees to the municipality exceeds its monthly aggregate per -node compensation to the municipality. (3) A public right-of-way rate required by Subsection (2) is in addition to any public right-of- way rate required by Section 8. Sec. 16.111 - Design Manual A network provider shall comply with the City's design manual, if any, in place on the date a permit application is filed in relation to work for which the City has approved a permit application. The City's design manual may not conflict with applicable law and must be competitively neutral. Sec. 16.112 - Effective Date This policy shall take effect immediately after its passage, approval and publication. Sec. 16.113 - Fees (1) Permit Application Fees. All applications for permits pursuant to this Chapter shall be accompanied by a non -recurring fee of $500 for up to five network nodes addressed in the same application, $100 for each additional node in the same application; and a non- recurring fee of $1000 for each node support poles. The City of Sanger reserves the right to require an applicant to pay the fees and costs of any consultant retained by the City to assist in the review of plans, applications, reports, inspections, and/or testing. Page 79 (2) Annual Rate for Public Right -of -Wad. Once a network provider has installed and made operational a network node in the public right-of-way, network provider shall pay to the City compensation for use of the public right-of-way in the amount of $250 annually per node in the City public right-of-way. (3) Service Pole Attachment Fee. The rate to collocate a network node on a service pole in the public right-of-way shall be $20 per pole per year. Subject to the provisions of Section 10, such compensation together with the application fee and the public right-of-way rate specified in Section 8 shall be the sole compensation that the network provider shall be required to pay to the City. (4) Network Nodes on Transport Facilities. Any network node on transport facilities located within the public right-of-way shall pay municipal fees for occupying the public right-of- way in an amount not less than $28 per node per month. SECTION 2. All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. SECTION 3. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, phrases and words of this Ordinance are severable and, if any word, phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining portions of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional word, phrase, clause, sentence, paragraph, or section. SECTION 4. Any person, firm or corporation who shall violate any of the provisions of this article shall be guilty of a misdemeanor and upon conviction shall be fined in accordance with the general penalty provision found in The Code of Ordinances, Section 1.109 General Penalty for Violations of Code. SECTION 5. This ordinance will take effect immediately from and after its passage and the publication of the caption, as the law and Charter in such cases provide. Page 80 DULY PASSED, APPROVED AND ADOPTED by the City Council of the City of Sanger, Texas, on this day of , APPROVED: Thomas E. Muir, Mayor ATTEST: Cheryl Price, City Secretary Page 81 ORDINANCE # 02-05-20 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, ADDING CHAPTER 16 "RIGHT-OF-WAY MANAGEMENT" IN THE CITY OF SANGER CODE OF ORDINANCES, AND ADOPTING CITY OF SANGER SMALL WIRELESS FACILITIES POLICY AND SMALL WIRELESS FACILITIES DESIGN GUIDELINES; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE IN ACCORDANCE WITH SECTION 1.109 OF THE CODE OF ORDINANCE FOR VIOLATIONS; AND PROVIDING FOR AN EFFECTIVE DATE. DULY PASSED, APPROVED AND ADOPTED by the City Council of the City of Sanger, Texas, on this day of , APPROVED: Thomas E. Muir, Mayor ATTEST: Cheryl Price, City Secretary Page 82 -jj-'--lh�l� 11 11 0 0 IP7 SMALL ` ~ '°na: WIRELESS FACILITY DESIGN l;- GUIDELINES-: JANUARY 25, 2020 SANGER Table of Contents City of Sanger Small Wireless Facility Design Guidelines Section I. Executive Summary.................................................................................. 3 A. Background................................................................................................................... 3 B. FCC Order...................................................................................................................... 3 C. Chapter 284.................................................................................................................... 4 D. Goal Statement.............................................................................................................. 5 Section 1. Purpose and Applicability......................................................................... 6 Section2. Definitions..................................................................................................7 Section 3. Prohibited and Preferred Locations.......................................................13 A. Prohibited or Restricted Areas....................................................................................13 B. Least preferable locations...........................................................................................14 C. Most preferable locations............................................................................................14 D. Designated Areas.........................................................................................................14 E. Exceptions....................................................................................................................14 F. Order of Preference......................................................................................................14 Section 4. Guidelines on Placement........................................................................ A. Generally.......................................................................................................................16 B. General Requirements and Information......................................................................16 C. Underground Requirement Areas...............................................................................18 D. Network Node facilities placement..............................................................................18 E. New Node Support Poles or Monopoles.....................................................................18 F. Ground Equipment.......................................................................................................19 G. Municipal Service Poles...............................................................................................19 Section 5. General Aesthetic Requirements........................................................... 21 A. Concealment.................................................................................................................21 B. New Node Support Pole Spacing................................................................................21 C. Minimize Ground Equipment Concentration..............................................................21 D. Allowed Colors.............................................................................................................21 Section 6. Electrical Supply......................................................................................22 Section 7. Insurance, Indemnity, Bonding and Security Deposits ........................ 23 Section 8. Removal, Replacement, Maintenance, and Repair ............................... 24 A. Removal or Relocation by Network Provider.............................................................24 Working Draft 1 1 P a g e Page 84 SANGER City of Sanger ,rExa= Small Wireless Facility Design Guidelines B. Removal or Relocation Required for City Project......................................................24 C. Removal Required by City for Safety and Imminent Danger Reasons .....................24 Section 9. Installation and Inspections................................................................... 26 A. Installation....................................................................................................................26 B. Inspections...................................................................................................................26 Section 10. Requirements Upon Abandonment........................................................ 27 Section 11. General Provisions..................................................................................28 Section 12. Administrative Hearing — Request for Exemption ................................ 30 Section 13. Design Manual - Updates........................................................................31 Appendix A: Design Concepts................................................................................... 32 A.1 Small Wireless Facility Pole.........................................................................................32 A.2 Base Cabinet.................................................................................................................33 A.3 Upper Antenna Module.................................................................................................34 A.4 Foundation Selection....................................................................................................34 A.5 Lighting Accessories....................................................................................................35 A.6 Color Options................................................................................................................35 A.7 Product Selection Matrix..............................................................................................36 Working Draft 2 1 P a g e Page 85 SANGER +rexws Section I. Executive Summary A. Background City of Sanger Small Wireless Facility Design Guidelines The City of Sanger, as with communities across the country and around the world, is facing the next wave of communications technology. While the economic benefits are immense, it has the potential to impact the safety, aesthetic values, and enjoyment of our community in a manner and to a degree that is far more extensive than cellular phones and other types of recent technology. Small wireless communications, also known as 5G technology, utilizes higher frequencies with the capability to accommodate significantly higher data needs than current 4G/LTE technologies. The physical limits of the higher frequencies require that the transmitters be installed at the spacing of streetlights or fire hydrants rather than 2+/- miles or greater distances that 4G/LTE technologies accommodate. The result of this physical need is that the public rights -of -way are the optimal location to install the required equipment. In September of 2018, the Federal Communications Commission (FCC) adopted the Declaratory Ruling and Third Report and Order, known as FCC 18-133. The Order outlines the extent to which local agencies may or may not regulate the installation of small wireless facilities within the public rights -of -way and the use of existing public infrastructure. One year prior to the adoption of the FCC Order, in September of 2017, Chapter 284 of the Texas Local Government Code became effective. In general, Chapter 284 allows wireless network companies to place network nodes in the public right-of-way (ROW), and provides rules, regulations, and fee structures to reimburse cities for use of the ROW. The Chapter states that cities would retain authority to manage the public ROW to ensure the health, safety, and welfare of the public, and would receive compensation for the installation of network nodes on poles. It is important to note that the FCC Order preempts some of Chapter 284, particularly in the areas of fees, permit review timeframes, and local control. Similar to the advent of the telephone which required extensive wires, switch boxes, poles and other structures to provide these services, small wireless communications technology will require a structure to mount a transmitter approximately every 300 to 500 feet with fiber and power connections to each one. Absent the adoption of guidelines to assure that installations are context sensitive, service providers would be free to install equipment with no concern for the visual impact that they create. This document seeks to accommodate the implementation of the new technology while assuring that the new infrastructure is installed using context sensitive solutions. In addition, the equipment needs to be located where it will not interfere with visibility for drivers, interference with sidewalks, or other common amenities found in public rights -of -way. Other issues such as safety, noise and accommodating multiple providers at each location are also addressed within these guidelines. B. FCC Order On September 26, 2018, the Federal Communications Commissions (FCC) adopted a Declaratory Ruling and Third Report and Order, titled "Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure Investment" (the Order). The Order establishes fees, "shot clocks," and provides limits on local governments' control of small wireless infrastructure. The FCC Order establishes fees as follows: $500 for non -recurring fees, including a single up -front application that includes up to five Small Wireless Facilities, with an additional $100 for each small wireless facility beyond five $1,000 for non -recurring fees for a new pole (not a collocation) intended to support one or more small wireless facilities. $270 per small wireless facility per year for all recurring fees, including any possible ROW access fee or fee for attachment to municipally -owned structures in the ROW Working Draft 3 1 P a g e Page 86 SANGER •rexws City of Sanger Small Wireless Facility Design Guidelines The following shot clocks are the FCC's permit review times for new small wireless facilities: A 60-day review period for collocation of small wireless facilities A 90-day review period for construction of new small wireless facilities Existing shot clocks for non -small wireless facilities deployments remain in place: 90 days for collocation on an existing structure 150 days for deployment on a new structure According to the FCC Order, the "shot clock" rules are as follows: • Both the new and existing shot clocks apply to "any approval that a siting authority must issue under applicable law prior to deployment." This includes zoning approvals and building permits, and may also include license or franchise agreements to access the rights -of -way, leases for use of municipal poles or property in the rights -of -way, electric permits and road closure permits, among others. • For small wireless facilities deployments, shot clocks are reset if the siting authority notifies the applicant within 10 days after submission that the application is incomplete. For subsequent determinations of incompleteness, the shot clock would toll —not reset —if the siting authority provides written notice within 10 days that the supplemental submission did not provide the requested information. • For non -small wireless facilities, shot clocks begin to run when an application is first submitted, and can be paused —not reset —if the siting authority notifies the applicant within 30 days that the application is incomplete. For subsequent determinations of incompleteness, the process is the same as described above for small wireless facilities. • Failure to act within the new small wireless facility shot clock constitutes a presumptive violation of the Communications Act and applicants may seek expedited injunctive relief in court within 30 days of a local government missing a shot clock deadline. There is no "deemed granted" remedy. The FCC Order, limits aesthetic reviews and requirements (including undergrounding, spacing, and historic/environmental requirements) to what is: (a) reasonable (b) no more burdensome than those applied to other types of infrastructure deployments (c) objective and published in advance The effective date of the 2018 Order with respect to the new limitations on rights -of -way fees and deadlines for acting on permit applications was January 14, 2019. C. Chapter 284 Chapter 284 of the Texas Local Government Code manner to the FCC Order, Chapter 284 establishe governments' control of small wireless infrastructure. Chapter 284 establishes fees as follows: s became effective September 1, 2017. In a similar fees, "shot clocks," and provides limits on local Annual Public Right -Of -Way Rate: A public right-of-way rate for use of the public right-of-way may not exceed an annual amount equal to $250 multiplied by the number of network nodes installed in the public right-of-way in the municipality's corporate boundaries. Application Fees: $500 per application covering up to five network nodes, $250 for each additional network node per application, and $1,000 per application for each pole. Service Pole Attachment Fee: The rate to collocate a network node on a service pole in the public right-of-way shall be $20 per pole per year. Working Draft 4 1 P a g e Page 87 SANGER +rexws City of Sanger Small Wireless Facility Design Guidelines Use of Public Right -Of -Way and Applicable Rate: A network provider must pay the municipality a monthly public right-of-way rate for transport facilities in an amount equal to $28 multiplied by the number of the network provider's network nodes located in the public right-of-way. The following "shot clocks" are Chapter 284's permit review times for network nodes and node support poles: Within 30 days of receiving an application for a network node or node support pole, or 10 days for a transport facility, the City shall determine and notify the Applicant whether the application is complete; or if incomplete, the City must specifically identify the missing information in such notification. The City shall make its final decision to approve or deny a complete application no later than (i) 21 days after receipt of a complete application for a transport facility, (ii) 60 days after receipt of a complete application for a network node; and (iii) 150 days after receipt of a completed application for a new node support pole. The City shall advise the Applicant in writing of its final decision, and, if denied, the basis for that denial, including specific provisions of City Code or applicable law on which the denial was based, and send the documentation to the Applicant on or before the day the City denies the application. The Applicant may cure the deficiencies identified by the City and resubmit the application within 30 days of the denial without paying an additional application fee. The City shall approve or deny the revised application within 90 days of receipt of the amended application. The subsequent review by the City shall be limited to the deficiencies cited in the original denial. If the City fails to act on an application within the review period specified, the application shall be deemed approved. • An applicant seeking to collocate network nodes may, at the Applicant's discretion, file a consolidated application and receive permits for up to 30 network nodes. Provided however, the City's denial of any node within a single application shall not affect other nodes submitted in the same application. The City shall grant permits for any and all nodes in a single application that it does not deny, subject to the requirements of this Section. Chapter 284 also reiterates existing Texas municipal local police -power -based regulations. It states: Subject to this chapter [Chapter 284] and applicable federal and state law, a municipality may continue to exercise zoning, land use, planning, and permitting authority in the municipality's boundaries, including with respect to utility poles. A municipality may exercise that authority to impose police -power -based regulations for the management of the public right-of-way that apply to all persons subject to the municipality. • A municipality may impose police -power -based regulations in the management of the activities of network providers in the public right-of-way only to the extent that the regulations are reasonably necessary to protect the health, safety, and welfare of the public. Again, the FCC Order preempts some of Chapter 284, particularly in the areas of fees, permit review timeframes or "shot clocks", and local control. D. Goal Statement Pursuant to its police power authority, the City enacts these Design Guidelines in order to meet its fiduciary duty to the citizens of the City, and to give assistance and guidance to wireless telecommunications providers to assist such companies in the timely, efficient, safe and aesthetically pleasing installation of technologically competitive equipment. Working Draft 5 1 P a g e Page 88 City of Sanger 4:m Small Wireless Facility Design Guidelines SECTION 1. PURPOSE AND APPLICABILITY This Small Wireless Design Manual provides objective, technically feasible criteria applied in a non- discriminatory manner that reasonably match the aesthetics and character of the immediate area regarding all of the following, which the City shall consider in reviewing an application. (a) The location of any ground -mounted small wireless facilities including their relationship to other existing or planned small wireless sites (b) The location of a small wireless facility on a wireless support structure (c) The appearance and concealment of small wireless facilities, including those relating to materials used for arranging, screening, and landscaping (d) The design and appearance of a wireless support structure including any height requirements adopted in accordance with this manual and the City's Small Wireless Facility Siting Policy. The City of Sanger ("City") recognizes that the State of Texas has delegated to the City the fiduciary duty, as a trustee, to manage the public right-of-way for the health, safety, and welfare of the public to Texas municipalities. The FCC Order and Chapter 284 of the Texas Local Government Code allows certain wireless Network Providers to install in the public rights -of -way their wireless facilities. These wireless facilities are described as "Micro Network Nodes", "Network Nodes", and "Node Support Poles". These facilities are defined in Section 2 of this Manual. This Design Manual shall apply to any sittings, installations, collocations in, on, over or under the public rights -of -way of Network nodes, Node support poles, Micro network nodes, Distributed Antenna Systems, microwave communications or other Wireless Facilities, by whatever nomenclature, whether they are installed pursuant to Chapter 284, or installed pursuant to an agreement as agreed to and consented to by the City in its discretion, or installed as may otherwise be allowed by state or federal law. It is the goal of the City to allow the installation of a small wireless infrastructure, including Micro Network Nodes, Network Nodes, Node Support Poles and related ground equipment, with a minimum foot print. This shall be accomplished by small wireless siting and the use of multi -cell poles that can accommodate multiple applicants. The provisions of this Manual shall not limit or prohibit the City's discretion to promulgate and make publicly available other information, materials or requirements in addition to, and separate from this Design Manual that do not conflict with state or federal law. A Network Provider shall comply with the City's Ordinances except where in conflict with this Design Manual. Working Draft 6 1 P a g e Page 89 SANGER *TEXAS SECTION 2. DEFINITIONS City of Sanger Small Wireless Facility Design Guidelines Abandon and its derivatives means the facilities installed in the right-of-way (including by way of example but not limited to: poles, wires, conduit, manholes, handholes, cuts, network nodes and node support poles, or portion thereof) that have been left by Provider in an unused or non-functioning condition for more than 120 consecutive calendar days unless, after notice to Provider, Provider has established to the reasonable satisfaction of the City that the applicable facilities, or portion thereof, is still in active use. Administrative Review means ministerial review of an Application by the City relating to the review and issuance of a Permit, to determine whether the issuance of a Permit is in conformity with the applicable provisions of these Guideline and all City Codes. Antenna means communications equipment that transmits or receives electromagnetic radio frequency signals used in the provision of wireless services. Applicable codes means: (A) uniform building, fire, electrical, plumbing, or mechanical codes adopted by a recognized national code organization; and (B) local amendments to those codes Applicable Law means Chapter 284 of the Texas Local Government Code and federal law to the extent it preempts local control. Applicant means any person who submits an application and is a network provider. Application means a request submitted by an applicant (i) for a permit to collocate network nodes; or (ii) to install a transport facility; or (iii) approve the installation, replacement or modification of a pole. Authority Used as a noun, means a state, county, or city governing body, board, agency, office or commission authorized by law to make legislative, quasi-judicial, or administrative decision relative to an application. Base station means a structure or equipment at a fixed location that enables FCC -licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower or any equipment associated with a tower. Batched Applications is the submission of multiple siting applications at one time. Batched applications shall not exceed 30 individual Small Wireless Facilities. City means the City of Sanger, Texas or its lawful successor. As used throughout, the term City also includes the designated agent of the City. City Code means those ordinance provisions relevant to use of the public right-of-way where compliant with applicable law. City Council means the Sanger City Council. City Manager shall mean City Manager or designee Chapter 284 means Texas Local Government Code; Title 9. Public Buildings and Grounds; Subtitle A. Municipal Public Buildings and Grounds; Chapter 284. Deployment of Network Nodes in Public Right -of - Way, which is incorporated herein by this reference. Collocate and collocation mean the installation, mounting, maintenance, modification, operation, or replacement of network nodes in a public right-of-way on or adjacent to a pole. Concealment or Camouflaged means any Wireless Facility or Pole that is covered, blended, painted, disguised, camouflaged or otherwise concealed such that the Wireless Facility blends into the surrounding environment and is visually unobtrusive. A Concealed or Camouflaged Wireless Facility or Pole also includes any Wireless Facility or Pole conforming to the surrounding area in which the Wireless Facility or Pole is located and may include, but is not limited to hidden beneath a fagade, blended with surrounding area design, painted to match the supporting area, or disguised with artificial tree branches. Working Draft 7 1 P a g e Page 90 SANGER City of Sanger Small Wireless Facility Design Guidelines Contractor means a person, partnership, corporation, or other legal entity who undertakes to construct, install, alter, move, remove, trim, demolish, repair, replace, excavate, or add to any improvements or public improvements covered by this Manual, that requires work to be undertaken and workers, and/or equipment to be in the ROW in the process of performing the above -named operations. Contractor, as the term is defined herein, should include any and all types of general contractor and subcontractor and successors or assigns of said contractor. Decorative pole means a streetlight pole specially designed and placed for aesthetic purposes and on which no appurtenances or attachments, other than specially designed informational or directional signage or temporary holiday or special event attachments, have been placed or are permitted to be placed according to nondiscriminatory municipal codes. Design District means an area that is zoned, or otherwise designated by municipal code, and for which the city maintains and enforces unique design and aesthetic standards on a uniform and nondiscriminatory basis. Disaster emergency or disaster or emergency means an imminent, impending, or actual natural or humanly induced situation wherein the health, safety, or welfare of the residents of the city is threatened, and includes, but is not limited to any declaration of emergency by city state or federal governmental authorities. Distribute Antenna System (DAS) A type of small wireless facility consisting of a network of spatially separated antenna nodes connected to a common source via a transport medium that provides wireless service within a geographic area. Generally, serves multiple carriers. Shall be included as a type of "Network Node." Duct or conduit means a single enclosed raceway for cables, fiber optics, or other wires. "Duct" or "conduit" shall not include the maintenance duct associated with a conduit that is reserved for use in replacing damaged cable or for rerouting purposes. Easement means and shall include any public easement or other compatible use created by dedication, or by other means, to the city for public utility purposes or any other purpose whatsoever. "Easement' shall include a private easement used for the provision of utilities. Effectively Screen aesthetically pleasing construction meant to conceal small wireless facility equipment. Shall be required where needed to improve the aesthetics of the local environment. Eligible facilities request means any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving: (i) Collocation of new transmission equipment; (ii) Removal of transmission equipment; or (iii) Replacement of transmission equipment. Equipment Concealed Whenever technically feasible, antennas, cabling, and equipment shall be fully concealed within a Pole, or otherwise camouflaged to appear to be an integrated part of a Pole. Excavation or Excavate means any opening and/or tunneling in or under the surface of any public place or public rights -of -way in the City. The exception is an opening into a lawful structure below the surface of a public place or public right-of-way (e.g., a manhole), the top of which is flush with the adjoining surface and so constructed as to allow frequent openings without injury or damage to the public place or public rights -of -way. Facility(ies) means the plant, equipment, and property, including, but not limited to, lines, transport service, poles, mains, pipes, conduits, ducts, cables and wires located under, on or above the surface of the ground within the public right-of-way and valves, and related facilities and equipment used or useful for the provision of utility services, wireless or network services, or communications services to the public. Federal Communications Commission or FCC means the Federal Administrative Agency, or lawful successor, authorized to oversee cable television and other multi -channel regulation on a national level. Height means maximum height of the small wireless facility, including antenna, above established grade measured at the base of the structure Highway right-of-way means right-of-way adjacent to a state or federal highway. Working Draft 8 1 P a g e Page 91 City of Sanger Small Wireless Facility Design Guidelines Historic district means an area that is zoned or otherwise designated as a historic district under municipal, state, or federal law. Indemnification means that any provider who owns or operates network nodes, node support poles, or transport facilities in the ROW shall indemnify, protect, defend, and hold the City and its elected officials, officers, employees, agents, and volunteers harmless against any and all claims, lawsuits, judgments, costs, liens, losses, expenses, fees to include reasonable attorney fees and costs of defense, proceedings, actions, demands, causes of action, liability and suits of any kind and nature, including personal or bodily injury or death, property damage or other harm for which recovery of damages is sought, to the extent that it is caused by the negligence of the Operator who owns or operates Small Wireless Facilities and wireless service in the ROW, any agent, officer, director, representative, employee, affiliate, or subcontractor of the Operator, or their respective officers, agents, employees, directors, or representatives while installing, repairing, or maintaining facilities in the Rights -of -Way. Inspector means the person designated by the City within the Public Works Department or the City development department to fulfill the responsibilities that have been empowered with such position. Landscape means any combination of living plant material, such as trees, shrubs, vines, ground covers, flowers, vegetables, turf or grass; natural features, such as land and water forms; and structural features, including but not limited to landscaped pedestrian plazas, fountains, reflecting pools, screening, walls, fences and benches. Landscape Screening The installation at grade of plantings, shrubbery, bushes or other foliage intended to screen the base of a small wireless facility from public view. Lattice Tower an antenna support tower that is self-supporting with multiple legs and cross -bracing of structural steel. Law means common law or a federal, state, or local law, statute, code, rule, regulation, order, or ordinance. Local means within the geographical boundaries of the City. Location means the City approved and lawfully permitted location for the Network Node. Macro tower means a guyed or self -supported pole or monopole greater than 50 feet, as per the FCC Order, above ground level and that supports or is capable of supporting antennas. Mayor means the Mayor for the City. Micro network node means a network node that is not larger in dimension than 24 inches in length, 15 inches in width, and 12 inches in height, and that has an exterior antenna, if any, not longer than 11 inches. Monopole a structure composed of a single spire, pole or tower designed and used to support network node antennas or related equipment. Provisions addressed to node support poles herein shall also apply to monopoles. Municipal park means an area that is zoned or otherwise designated by municipal code as a public park for the purpose of recreational activity. Municipally owned utility pole means a utility pole owned or operated by a municipally owned utility, as defined by Section 11.003, Utilities Code, and located in a public right-of-way. MUTCD means Manual of Uniform Traffic Control Devices. Network node means equipment at a fixed location that enables wireless communications between user equipment and a communications network. The term: (A) includes: equipment associated with wireless communications; a radio transceiver, an antenna, a battery -only backup power supply, and comparable equipment, regardless of technological configuration; and iii. coaxial or fiber-optic cable that is immediately adjacent to and directly associated with Working Draft 9 1 P a g e Page 92 SANGER +rexws a particular collocation; and (B) does not include: an electric generator; a pole; or iii. a macro tower. Network provider means: (A) a wireless service provider; or City of Sanger Small Wireless Facility Design Guidelines (B) a person that does not provide wireless services and that is not an electric utility but builds or installs on behalf of a wireless service provider: i. network nodes; or ii. node support poles or any other structure that supports or is capable of supporting a network node. Node support pole means a pole or monopole installed by a network provider for the primary purpose of supporting a network node. Order means the FCC's Declaratory Ruling and Third Report and Order, WT Docket No. 17-79, WC Docket No. 17-84, FCC-18-133, released September 27, 2018, which is incorporated herein by this reference. Permit means a written authorization for the use of the public right-of-way or collocation on a service pole required from a municipality before a network provider may perform an action or initiate, continue, or complete a project over which the municipality has police power authority. Person means an individual, corporation, limited liability company, partnership, association, trust, or other entity or organization, including the City. Pole means a service pole, municipally owned utility pole, node support pole, or utility pole. Policy means the City's Small Wireless Facility Siting policy, which is incorporated herein by this reference. Private easement means an easement or other real property right that is only for the benefit of the grantor and grantee and their successors and assigns. Provider has the same meaning as "Network Provider." Public right-of-way means the area on, below, or above a public roadway, highway, street, public sidewalk, alley, waterway, or utility easement in which the municipality has an interest. The term does not include: (A) a private easement; or (B) the airwaves above a public right-of-way with regard to wireless telecommunications. Public right-of-way management ordinance means an ordinance that establishes the rules and regulations regarding the public right-of-way. Routine Maintenance means: (A) work in the public right-of-way that does not require excavation or closing of sidewalks or vehicular lanes in a public right-of-way; (B) replacing or upgrading a network node or pole with a node or pole that is substantially similar in size or smaller and that does not require excavation or closing of sidewalks or vehicular lanes in a public right-of-way; or (C) the installation, placement, maintenance, operation, or replacement of micro network nodes that are strung on cables between existing poles or node support poles, in the public right-of-way. Service pole means a pole, other than a municipally owned utility pole, owned or operated by a municipality and located in a public right-of-way, including: Working Draft 10 1 P a g e Page 93 SANGER +rexws City of Sanger Small Wireless Facility Design Guidelines (A) a pole that supports traffic control functions; (B) a structure for signage; (C) a pole that supports lighting, other than a decorative pole; and (D) a pole or similar structure owned or operated by a municipality and supporting only network nodes. Signage is prohibited on all network nodes and node support poles, including stickers, logos, and other non -essential graphics and information unless required by the FCC, except for a small placard identifying the service provider and contact information, which shall be placed at 6-feet above grade, facing away from the public rights -of -way. Small cell or small wireless facility means a facility meeting all of the following criteria: (A) facilities mounted on structures 30 feet, as per the City, or less in height including their antennas, or on structures no more than 10 percent taller than other adjacent structures, or that do not extend existing structures where they are located to a height of more than 30 feet or by more than 10 percent, whichever is greater; (B) each antenna is no more than 3 cubic feet in volume; (C) all other wireless equipment associated with the structure, including wireless equipment associated with the antenna and any pre-existing associate equipment on the structure is no more than 28 cubic feet in volume; and (D) facilities do not result in human exposure to radio frequency radiation in excess of applicable safety standards specified in 47 CFR Rule 1.1307(b). Unless specifically provided for herein, provisions addressed to network nodes herein shall also apply to small cells and small wireless facilities. Stealth shall mean a method that hides or conceals an antenna, supporting electrical or mechanical equipment or any other support structure, including network nodes. Street means only the paved portion of the right-of-way used for vehicular travel, being the area between the inside of the curb to the inside of the opposite curb, or the area between the two parallel edges of the paved roadway for vehicular travel where there is no curb. A "Street" is generally part of, but smaller in width than the width of the entire right-of-way, while a right-of-way may include sidewalks and utility easements, a "Street' does not. A "street" does not include the curb or the sidewalk, if either are present at the time of a permit application or if added later. SWPPP shall mean Storm Water Pollution Prevention Plan. TAS means Texas Accessibility Standards. Tower means any structure built for the sole or primary purpose of supporting any FCC -licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site. Traffic Signal means any device, whether manually, electrically, or mechanically operated by which traffic is alternately directed to stop and to proceed. Transport facility means each transmission path physically within a public right-of-way, extending with a physical line from a network node directly to the network, for the purpose of providing backhaul for network nodes. Underground Requirement Area shall mean means an area where poles, overhead wires, and associated overhead or above ground structures have been removed and buried or have been approved for burial underground pursuant to municipal ordinances, zoning regulations, state law, private deed restrictions, and other public or private restrictions, that prohibit installing aboveground structures in a public right-of-way. Working Draft 11 1 P a g e Page 94 SANGER +rexws City of Sanger Small Wireless Facility Design Guidelines User means a person or organization which conducts a business over facilities occupying the whole or a part of a public street or right-of-way, depending on the context. Utility pole means a pole that provides: (A) electric distribution with a voltage rating of not more than 34.5 kilovolts; or (8) services of a telecommunications provider, as defined by Section 51.002, Utilities Code. Wireless service means any service, using licensed or unlicensed wireless spectrum, including the use of Wi-Fi, whether at a fixed location or mobile, provided to the public using a network node. Wireless service provider means a person that provides wireless service to the public. Wireless facilities mean "Micro Network Nodes," "Network Nodes," and "Node Support Poles". Working Draft 121Page Page 95 SANGER *TEXAS City of Sanger Small Wireless Facility Design Guidelines SECTION 3. PROHIBITED AND PREFERRED LOCATIONS A. Prohibited or Restricted Areas Municipal Parks and Residential Areas. A Network Provider may not install a Node Support Pole in a public right-of-way without the City's discretionary, nondiscriminatory, and written consent if the public right- of-way is in a Municipal park or is adjacent to a street or thoroughfare that is: (1) not more than 50 feet wide of paved street surface, being the area measured as the shortest distance between the inside of the curb to the inside of the opposite curb, or the area measured as the shortest distance between the two parallel edges of the paved roadway for vehicular travel where there is no curb; and (2) adjacent to single-family residential lots or other multifamily residences or undeveloped land that is designated for residential use by zoning or deed restrictions. A Network Provider installing a Network Node or Node Support Pole in a public right-of-way described above shall comply with private deed restrictions and other private restrictions in the area that apply to those facilities. Each permit application shall disclose if it is within a Municipal Park and Residential Areas as described above. Historic District and Design Districts. A Network Provider must obtain advance written approval from the City before collocating Network Nodes or installing Node Support Poles in a Design District with Decorative Poles or in an area of the City zoned or otherwise designated as a Design District or Historic District. As a condition for approval of Network Nodes or Node Support Poles in Design Districts with Decorative Poles or in a Historic District, the City shall require reasonable design or Concealment measures for the Network Nodes or Node Support Poles. Therefore, any request for installations in a Design District with Decorative Poles or in a Historic District, must be accompanied with proposed Concealment measures in the permit applications. The City requires that a Network Provider use Camouflage measures to improve the aesthetics of the Network Nodes, Node Support Poles, or related ground equipment, or any portion of the nodes, poles, or equipment, to minimize the impact to the aesthetics in Design Districts or in an Historic District. Network Provider shall comply with and observe all applicable City, State, and federal historic preservation laws and requirements. Each permit application shall disclose if it is within a Design District with Decorative Poles or in an area of the City zoned or otherwise designated as a Design District or Historic District. Historic Landmarks. A Network Provider is prohibited from installing a Network Node or Node Support Pole within 300 feet of a historic site or structure or Historic Landmark recognized by the City, state or federal government, as of the date of the submission of the permit. Each permit application must disclose if it is with 300 feet of such a structure. Compliance with Undergrounding Requirements. A Network Provider shall comply with nondiscriminatory undergrounding requirements, including municipal ordinances, zoning regulations, state law, private deed restrictions, and other public or private restrictions, that prohibit installing aboveground structures in a public right-of-way without first obtaining zoning or land use approval. Areas may be designated from time to time by the City as Underground Requirement Areas in accordance with filed plats, and or conversions of overhead to underground areas, as may be allowed by law. Each permit application shall disclose if it is within an area that has undergrounding requirements. Working Draft 131Page Page 96 SANGER +rexws B. Least preferable locations City of Sanger Small Wireless Facility Design Guidelines Residential Areas and Parks. A Network Provider is prohibited from installing a Network Node on an existing pole in a public right-of-way without written consent from the City Council if the public right-of-way is located in or adjacent to a street or thoroughfare that is adjacent to a municipal park or single-family residential lots or other multifamily residences or undeveloped land that is designated for residential use by zoning or deed restrictions. A Network Provider installing a Network Node or a Node Support Pole in a public right-of-way shall comply with private deed restrictions and other private restrictions in the area that apply to those facilities. Historic Districts and Design Districts. A Network Provider is prohibited from installing a Network Node or a Node Support Pole in the public right-of-way in any area designated by the City as a Design Districts or in an area of the City zoned or otherwise designated as a Historic District unless such a Network Node or a new Node Support Pole is camouflaged. C. Most preferable locations Industrial areas if not adjacent to a Municipal Park, Residential area, Historic District or Design District. 2. Highway Rights -of -Way areas if not adjacent to a Municipal Park, Residential area, Historic District or Design District. 3. Retail and Commercial areas if not adjacent to a Municipal Park, Residential area, Historic District or Design District. D. Designated Areas The City Council may designate an area as a Historic District or a Design District at any time. Currently designated Historic Districts are: (a) Historic District Number 1 is the area referred to as the Downtown Central Business District (Zoned: B-3). Its boundaries are approximately: Peach Street on the North, and Locust Street on the South, and North 2"d Street on the East, and North 7th Street on the West. The failure to designate an area in this Chapter shall not mean that such an area is not within a defined district, if so designated by the City Council. Future areas may be designated as one of these Districts at any time. Such a designation does not require a zoning case. While it is not required to designate Underground Compliance Areas to prohibit above ground Wireless facilities, the City may also, from time to time, also designate Underground Compliance Areas. E. Exceptions The City by its discretionary consent and agreement may grant exception to the above prohibited locations and sizes, but only in a non-exclusive, and non-discriminatory manner. F. Order of Preference In general, network nodes and related ground equipment shall be installed on support facilities as follows (Most Preferred to Least Preferred): 1. Existing telephone or electrical lines between existing utility poles. Micro Network Nodes shall only be lashed on existing telephone or electrical lines between existing utility poles (electric poles or telephones poles), with notice to the pole owner as required by the Federal Pole Attachment Act, and not placed on Utility Poles, Node Support Poles or Service Poles. Working Draft 14 1 P a g e Page 97 City of Sanger Small Wireless Facility Design Guidelines 2. Existing Utility Poles (electric poles or telephones poles), shall be the preferred support facility for Network Nodes and related ground equipment. 3. Municipal Service Poles: a. Non -decorative street lights with a height of more than 20 feet. b. Traffic signal structures when such installation will not interfere with the integrity of the facility and will not interfere with the safety of the public. C. Street signage shall be a low priority use for attachment of a Network Node. d. Other municipal Service pole use is discouraged. 4. New node support poles or monopoles shall be the least preferred type of allowed facility for attachment of Network Nodes. 5. Ground Equipment. Ground equipment should be minimal and the least intrusive. Working Draft 15 1 P a g e Page 98 SANGER City of Sanger *TEXAS Small Wireless Facility Design Guidelines SECTION 4. GUIDELINES ON PLACEMENT A. Generally A Network Provider shall construct and maintain Network Nodes and Node Support Poles in a manner that does not: obstruct, impede, or hinder the usual travel or public safety on a public right-of-way; 2. obstruct the legal use of a public right-of-way by other utility providers; 3. violate nondiscriminatory applicable codes; 4. violate or conflict with any Laws, including but not limited to City Code and the Federal Americans with Disabilities Act (ADA) (42 U.S.C. Section 12101 et seg.). B. General Requirements and Information Size Limits. Network Providers shall provide detailed drawings, with calculations to show strict conformity to the size limitations, as specified in this Subsection, as well as in Section 2 of this Manual, regarding the size of a Micro Network Node, size of Network Nodes, and, maximum pole height, with each application and with each request for a permit for each location. (a) A "Micro network node" means a network node that is not larger in dimension than 24 inches in length, 15 inches in width, and 12 inches in height, and that has an exterior antenna, if any, not longer than 11 inches. (b) A network node must conform to the following conditions: (1) each antenna that does not have exposed elements and is attached to an existing structure or pole: must be located inside an enclosure of not more than six cubic feet in volume; II. may not exceed a height of three feet above the existing structure or pole; and III. may not protrude from the outer circumference of the existing structure or pole by more than two feet; (2) if an antenna has exposed elements and is attached to an existing structure or pole, the antenna and all of the antenna's exposed elements: I. must fit within an imaginary enclosure of not more than six cubic feet; II. may not exceed a height of three feet above the existing structure or pole; and III. may not protrude from the outer circumference of the existing structure or pole by more than two feet; (3) an antenna and equipment attached to a building: must be installed on the rear or the side elevations close to other existing utility boxes/poles and if an antenna is installed on a side elevation it must not be visible from public right-of-way; II. must not project more than 18 inches from the building face; and III. must not obstruct, remove, or alter any character defining features of the building. Working Draft 16 1 P a g e Page 99 SANGER City of Sanger ,rExp, Small Wireless Facility Design Guidelines 2. 3. 4. (4) roof -mounted antennas and equipment must not be visible from public right-of- way. (5) the cumulative size of other wireless equipment associated with the network node attached to an existing structure or pole may not: I. be more than 28 cubic feet in volume; or ll. protrude from the outer circumference of the existing structure or a node support pole by more than two feet; (6) ground -based enclosures, separate from the pole, may not be higher than three feet six inches from grade, wider than three feet six inches, or deeper than three feet six inches; and (7) pole -mounted enclosures may not be taller than five feet. (c) The following types of associated ancillary equipment are not included in the calculation of equipment volume under this Subsection: (1) electric meters; (2) concealment elements; (3) telecommunications demarcation boxes; (4) grounding equipment; (5) power transfer switches; (6) cut-off switches; and (7) vertical cable runs for the connection of power and other services. (d) Equipment attached to node support poles may not protrude from the outer edge of the node support pole by more than two feet. (e) Equipment attached to a utility pole must be installed in accordance with the National Electrical Safety Code, subject to applicable codes, and the utility pole owner's construction standards. State and Federal Rights -of -way permit. If the project lies within a Highway Right -of -Way, the applicant must provide evidence of a permit from the State or Federal Government. Confirmation of non-interference with City Safety Communication Networks. a. The Network Provider needs to provide analysis that the proposed network node shall not cause any interference with City public safety radio system, traffic signal light system, or other city safety communications components. b. It shall be the responsibility of the Network Provider to evaluate, prior to making application for permit, the compatibility between the existing City infrastructure and Provider's proposed Network Node. A Network Node shall not be installed in a location that causes any interference. Network Nodes shall not be allowed on City's public safety radio infrastructure. Improperly Located Network Node facilities, Node Support Poles and related ground equipment: Improperly Located Network Node facilities, Node Support Poles and related ground equipment shall not impede pedestrian or vehicular traffic in the Right -of -Way. If any Network Node facilities, Node Support Poles or ground equipment is installed in a location that is not in accordance with the plans approved by the City and impedes pedestrian or vehicular traffic or does not comply or otherwise renders the Right -of -Way non -compliant with applicable Laws, including the American Disabilities Act, then Network Provider shall promptly remove the Network Node facilities, Node Support Poles or ground equipment. Working Draft 17 1 P a g e Page100 SANGER City of Sanger ,rExp, Small Wireless Facility Design Guidelines Notice to Remove unauthorized facilities and relocate and penalty: After 30 days' notice to remove of Network Node facilities, Node Support Poles or ground equipment that is located in the incorrect permitted location, if not relocated the Network Provider shall be subject to a penalty, as per City Code, per day until the Network Node facilities, Node Support Poles or ground equipment is relocated to the correct area within the permitted Location, regardless of whether or not the Network Provider's contractor, subcontractor, or vendor installed the Network Node facilities, Node Support Poles or ground equipment in strict conformity with the City Code, and other applicable ordnances concerning improperly located facilities in the rights -of -way. 5. Noise. Network Providers are required to incorporate ambient noise suppression measures and/or required to place the equipment in locations less likely to impact adjacent residences or businesses to ensure compliance with all applicable noise regulations. The maximum allowable noise emitted by the Small Wireless Facility shall not exceed 30 dB measured at a distance of 3 feet from any portion of the facility. C. Underground Requirement Areas A Network Provider shall, in relation to installation for which the City approved a permit application, comply with nondiscriminatory undergrounding requirements, including municipal ordinances, zoning regulations, state law, private deed restrictions, and other public or private restrictions, that prohibit installing aboveground structures in a public right-of-way without first obtaining zoning or land use approval. If a location is designated by the City to transits to be an Underground Requirement Area, then a Network Provider's permit for the location of the Micro Network Node, Network Node, Node Support Pole, and related ground equipment at such location will be revoked 90 days after the designation, with removal of said the Micro Network Node, Network Node, Node Support Pole, and related ground equipment at such location within 90 days of such designation, or as otherwise reasonably allowed by the City for the transition of other overhead facilities. D. Network Node facilities placement Right -of -Way: Network Node facilities, Node Support Poles and related ground equipment shall be placed, as much as possible, within two feet of the outer edge of the Right -of -Way line to minimize any obstruction, impediment, or hindrance to the usual travel or public safety on a public right-of- way. A minimum three feet from back of curb. No above ground facilities shall be located closer than three feet from the back of curb or edge of alley or within sight visibility area. 2. Height above ground. Network Node attachments to a pole shall be installed at least twelve (12) feet above the ground, and if a Network Node attachment is projecting toward the street, for the safety and protection of the public and vehicular traffic, the attachment shall be installed no less than sixteen (16) feet above the ground. 3. Protrusions. No protrusion from the outer circumference of the existing structure or pole shall be more than two (2) feet. 4. Number of Network Nodes per Site. The City encourages the collocation of more than one Network Node on any one Pole (see Appendix A for a multi -node monopole design). E. New Node Support Poles or Monopoles New Node Support Poles Spacing. New node support poles or monopoles shall be spaced apart from existing utility poles or Node Support poles at the same as the spacing between utility poles in the immediate proximity, but no less than at a minimum 300 feet from a utility pole or another Node Support Pole to minimize the hazard of poles adjacent to road ways and to minimize effect on property values and aesthetics on the area. New node supports poles shall be designed as Monopoles, consistent with the pole designs concepts detailed in Appendix A. Working Draft 18 1 P a g e Page101 City of Sanger Small Wireless Facility Design Guidelines 2. Height of Node Support Poles or modified Utility Pole. A Node support pole or modified Utility Pole may not exceed the lesser of: 10 feet in height above the tallest existing utility pole located within 500 linear feet of the new pole in the same public right-of-way; or 30 feet above ground level, as per the City. 3. Size and Height of New Wireless Facilities. New Wireless Facilities in the right-of-way should be no greater than the maximum size and height of any other Utility Poles in the immediate proximity. 4. Style and Color. All new Node Support Poles shall match existing poles found in the immediate proximity in style and color. F. Ground Equipment Ground Equipment near street corners and intersections: Ground equipment should be minimal and the least intrusive. To minimize any obstruction, impediment, or hindrance to the usual travel or public safety on a public right-of-way the maximum line of sight required to add to safe travel of vehicular and pedestrian traffic and in order to maximize that line of sight at street corners and intersections and to minimize hazards at those locations, ground equipment may not be installed within 30 feet of a street corner or a street intersection. Ground equipment should be neutral color, and of material compatible with the surrounding structures as determined by the City staff. Ground equipment must be within two feet from the outer edge of ROW and minimum three feet from back of curb. 2. Ground Equipment near Municipal Parks. For the safety of Municipal park patrons, particularly small children, and to allow full line of sights near Municipal park property, the Network Provider shall not install Ground Equipment in a Right -of -Way that is within a Park or within 250 feet of the boundary line of a Park, unless approved by the City in writing. 3. Minimize Ground equipment density: To enhance the safety requirements of line of sight of pedestrians, particularly small children, the City's designee may deny a request for a proposed Location if the Network Provider installs Network Node ground equipment where existing ground equipment within 300 feet already occupies a footprint of 25 sq. ft. or more. G. Municipal Service Poles 1. In accordance with Agreement: Installations on all Service Poles shall be in accordance with a written agreement with the owner of the Service Pole (City, etc.). 2. Required industry standard pole load analysis: Installations on all Service Poles shall have an industry standard pole load analysis completed and submitted to the municipality with each permit application indicating that the Service Pole to which the Network Node is to be attached will safely support the load. 3. Height of attachments: All attachments on all Service Poles shall be at least 12 feet above grade, and if a Network Node attachment is projecting toward the street, for the safety and protection of the public and vehicular traffic, the attachment shall be installed no less than sixteen (16) feet above the ground. 4. Installations on Traffic Signals: Installations on all Traffic signal structures must not interfere with the integrity of the facility in any way that may compromise the safety of the public and must be in accordance with a written agreement with the owner of the traffic signal structure (City, etc.). Installation of Network Node facilities on any traffic signal structures shall: a. Be encased in a separate conduit than the traffic light electronics; b. Have a separate electric power connection than the traffic signal structure; and C. Have a separate access point than the traffic signal structure; and Working Draft 19 1 P a g e Page102 SANGER City of Sanger „CYe< Small Wireless Facility Design Guidelines d. Not be attached to signal arms. 5. Installations on Street signage: Installations on all street signage structures must not interfere with the integrity of the facility in any way that may compromise the safety of the public. Installation of Network Node facilities on any street signage structures that has electrics shall: Be encased in a separate conduit than any City signage electronics; Have a separate electric power connection than the signage structure; and C. Have a separate access point than the signage structure. Working Draft 20 1 P a g e Page103 SANGER City of Sanger *TEXAS Small Wireless Facility Design Guidelines SECTION 5. GENERAL AESTHETIC REQUIREMENTS A. Concealment 1. Concealment of Network Nodes and Node support poles shall be required by the City in Design Districts with Decorative Poles and in Historic Districts. 2. The City requires that all new node support poles be camouflaged, except those located in an area zoned or predominantly industrial area. Companies shall submit their proposal for camouflage with the permit application in accordance with the City's Policy. 3. The Network Node facilities shall be concealed or enclosed as much as possible in an equipment box, cabinet, or other unit that may include ventilation openings. External cables and wires hanging off a pole shall be sheathed or enclosed in a conduit, so that wires are protected and not visible or visually minimized to the extent possible. B. New Node Support Pole Spacing New node support poles shall be at a minimum 300 feet from a utility pole or another Node Support Pole to minimize the hazard of poles adjacent to road ways and to minimize effect on property values and aesthetics on the area. C. Minimize Ground Equipment Concentration In order to minimize negative visual impact to the surrounding area, and to enhance the safety requirements of line of sight of pedestrians, particularly small children, the City's designee may deny a request for a proposed Location if the Network Provider installs Network Node ground equipment where existing ground equipment within 300 feet already occupies a footprint of 25 sq. ft. or more to minimize effect on property values and aesthetics on the area. D. Allowed Colors Colors in Historic Districts and Design Districts must be approved by the City from a palette of approved colors. Unless otherwise provided, all colors shall be earth tones or shall match the background of any structure the facilities are located upon and all efforts shall be made for the colors to be inconspicuous. Colors in areas other than in Historic Districts and Design Districts shall conform to colors of other installations of telecommunication providers in the immediately adjacent areas. Working Draft 21 1 P a g e Page104 SANGER *TEXAS SECTION 6. ELECTRICAL SUPPLY City of Sanger Small Wireless Facility Design Guidelines A. Network Provider shall be responsible for obtaining any required electrical power service to the Micro Network Node, Network Node facilities, Node Support Poles and ground equipment. The City shall not be liable to the Network Provider for any stoppages or shortages of electrical power furnished to the Micro Network Node, Network Node facilities, Node Support Poles or ground equipment, including without limitation, stoppages or shortages caused by any act, omission, or requirement of the public utility serving the structure or the act or omission of any other tenant or Network Provider of the structure, or for any other cause beyond the control of the City. B. Network Provider shall not allow or install generators or back-up generators in the Right -of -Way. Working Draft 221Page Page105 SANGER *TEXAS City of Sanger Small Wireless Facility Design Guidelines SECTION 7. INSURANCE, INDEMNITY, BONDING AND SECURITY DEPOSITS A. Insurance, bonding and security deposits shall be in strict accordance with the City's applicable ordinances. B. Indemnity shall be in accordance with the City's applicable ordinances and Section 2 of this Manual. Working Draft 231Page Page106 SANGER *TEXAS City of Sanger Small Wireless Facility Design Guidelines SECTION 8. REMOVAL, REPLACEMENT, MAINTENANCE, AND REPAIR A. Removal or Relocation by Network Provider If the Network Provider removes or relocates a Micro Network Node, Network Node facilities, Node Support Pole or related ground equipment at its own discretion, it shall notify the City in writing not less than 10 business days prior to removal or relocation. Network Provider shall obtain all Permits required for relocation or removal of its Micro Network Node, Network Node facilities, Node Support Poles and related ground equipment prior to relocation or removal. 2. The City shall not issue any refunds for any amounts paid by Network Provider for Micro Network Node, Network Node facilities, Node Support Poles or related ground equipment that have been removed. B. Removal or Relocation Required for City Project 1. Except as provided in existing state and federal law, a Network Provider shall relocate or adjust Micro Network Node, Network Node, Node Support Pole and related ground equipment in a public right-of-way in a timely manner and without cost to the City. 2. Network Provider understands and acknowledges that the City may require Network Provider to remove or relocate its Micro Network Node, Network Node, Node Support Pole and related ground equipment, or any portion thereof from the Right -of -Way for City construction projects as allowed by state and feral law, including the common-law. 3. Network Provider shall, at the City's direction, remove or relocate the same at Network Provider's sole cost and expense, except as otherwise provided in existing state and federal law, whenever the City reasonably determines that the relocation or removal is needed for any of the following purposes: Required for the construction, completion, repair, widening, relocation, or maintenance of, or use in connection with, any City construction or maintenance project of a street public rights - of -way to enhance the traveling publics use for travel and transportation. 4. If Network Provider fails to remove or relocate the Micro Network Node, Network Node, Node Support Pole or related ground equipment, or portion thereof as requested by the City within 90 days of the Network Provider's receipt of the request, then the City shall be entitled to remove the Micro Network Node, Network Node, Node Support Pole or related ground equipment, or portion thereof at the Network Provider's sole cost and expense, without further notice to Network Provider. 5. Network Provider shall, within 30 days following issuance of invoice for the same, reimburse the City for its reasonable expenses incurred in the removal (including, without limitation, overhead and storage expenses) of the Micro Network Node, Network Node, Node Support Pole or related ground equipment, or portion thereof. C. Removal Required by City for Safety and Imminent Danger Reasons Network Provider shall, at its sole cost and expense, promptly disconnect, remove, or relocate the applicable Micro Network Node, Network Node, Node Support Pole and related ground equipment within the time frame and in the manner required by the City if the City reasonably determines that the disconnection, removal, or relocation of any part of a Micro Network Node, Network Node, Node Support Pole and related ground equipment: (a) is necessary to protect the public health, safety, welfare, or City property; (b) the Micro Network Node, Network Node, Node Support Pole and related ground equipment, or portion thereof, is adversely affecting proper operation of streetlights or City property; or Working Draft 241Page Page107 SANGER +rexws City of Sanger Small Wireless Facility Design Guidelines (c) Network Provider fails to obtain all applicable licenses, permits, and certifications required by Law for its Micro Network Node, Network Node, Node Support Pole and related ground equipment, or use of any Location under applicable law. If the City reasonably determines that there is imminent danger to the public, then the City may immediately disconnect, remove, or relocate the applicable Micro Network Node, Network Node, Node Support Pole and related ground equipment at the Network Provider's sole cost and expense. 2. The City shall provide 90 days written notice to the Network Provider before removing a Micro Network Node, Network Node, Node Support Pole and related ground equipment under this Section, unless there is imminent danger to the public health, safety, and welfare. 3. Network Provider shall reimburse City for the City's actual cost of removal of Micro Network Node, Network Node, Node Support Pole and related ground equipment within 30 days of receiving the invoice from the City. Working Draft 251Page Page108 City of Sanger Small Wireless Facility Design Guidelines SECTION 9. INSTALLATION AND INSPECTIONS A. Installation Network Provider shall, at its own cost and expense, install the Micro Network Node, Network Node facilities, Node Support Poles and related ground equipment in a good and workmanlike manner and in accordance with the requirements promulgated by the City, as such may be amended from time to time. Network Provider's work shall be subject to the regulation, control and direction of the City. All work done in connection with the installation, operation, maintenance, repair, modification, and/or replacement of the Micro Network Node, Network Node facilities, Node Support Poles and related ground equipment shall be in compliance with all applicable laws, ordinances, codes, rules and regulations of the City, applicable county, the state, and the United States ("Laws"). B. Inspections The City may perform visual inspections of any Micro Network Node, Network Node, Node Support Pole or related ground equipment located in the Right -of -Way as the City deems appropriate without notice. If the inspection requires physical contact with the Micro Network Node, Network Node, Node Support Poles or related ground equipment, the City shall provide written notice to the Network Provider within five business days of the planned inspection. Network Provider may have a representative present during such inspection. Working Draft 26 1 P a g e Page109 SANGER *TEXAS City of Sanger Small Wireless Facility Design Guidelines SECTION 10. REQUIREMENTS UPON ABANDONMENT Network Provider shall remove Micro Network Node, Network Node, Node Support Pole and related ground equipment when such facilities are Abandoned regardless of whether or not it receives notice from the City. Unless the City sends notice that removal must be completed immediately to ensure public health, safety, and welfare, the removal must be completed within the earlier of 90 days of the Micro Network Node, Network Node, Node Support Pole and related ground equipment being Abandoned or within 90 days of receipt of written notice from the City. When Network Provider removes, or Abandons permanent structures in the Right -of -Way, the Network Provider shall notify the City in writing of such removal or Abandonment and shall file with the City the location and description of each Micro Network Node, Network Node, Node Support Pole and related ground equipment removed or Abandoned. The City may require the Network Provider to complete additional remedial measures necessary for public safety and the integrity of the Right - of -Way. Working Draft 271Page Page 110 City of Sanger Small Wireless Facility Design Guidelines SECTION 11. GENERAL PROVISIONS As Built Maps and Records. Network Provider shall maintain accurate maps and other appropriate records of its Network Node facilities, Node Support Poles and related ground equipment as they are actually constructed in the Rights -of -Way, including, upon request, the use of Auto CAD/GIS digital format. Network Provider will provide additional maps to the City upon request. 2. Courtesy and Proper Performance. Network Provider shall make citizen satisfaction a priority in using the Right -of -Way. Network Provider shall train its employees to be customer service -oriented and to positively and politely interact with citizens when dealing with issues pertaining to its Micro Network Node, Network Node, Node Support Pole and related ground equipment in the Right -of - Way. Network Provider's employees shall be clean, courteous, efficient, and neat in appearance and committed to offering the highest quality of interaction with the public. If, in the opinion of the City, Network Provider is not interacting in a positive and polite manner with citizens, he or she shall request Network Provider to take all remedial steps to conform to these standards. 3. ALLOCATION OF FUNDS FOR REMOVAL AND STORAGE. The City has appropriated $0 to pay for the cost of any removal or storage of Micro Network Node, Network Node, Node Support Pole and related ground equipment, as authorized under this Article, and no other funds are allocated. 4. OWNERSHIP. No part of a Micro Network Node, Network Node, Node Support Pole and related ground equipment erected or placed on the Right -of -Way by Network Provider will become, or be considered by the City as being affixed to or a part of, the Right -of -Way. All portions of the Micro Network Node, Network Node, Node Support Pole and related ground equipment constructed, modified, erected, or placed by Network Provider on the Right -of -Way will be and remain the property of Network Provider and may be removed by Network Provider at any time, provided the Network Provider shall notify the City prior to any work in the Right -of -Way. 5. Tree Maintenance. Network Provider, its contractors, and agents shall obtain written permission from the City before trimming trees hanging over its Micro Network Node, Network Node, or Node Support Pole, to prevent branches of such trees from contacting attached Micro Network Node, Network Node, or Node Support Pole. When directed by the City, Network Provider shall trim under the supervision and direction of the Parks Director or designee. The City shall not be liable for any damages, injuries, or claims arising from Network Provider's actions under this section. 6. Lighting. The City has illumination and lighting guidelines. All new or replacement light fixtures and luminaries must meet those guidelines. 7. Signage. Network Provider shall post its name, location identifying information, and emergency telephone number in an area on the cabinet of the Network Node facility that is visible to the public. Signage required under this section shall not exceed 4" x 6", unless otherwise required by law (e.g. RF ground notification signs) or the City. Except as required by Laws or by the Utility Pole owner, Network Provider shall not post any other signage or advertising on the Micro Network Node, Network Node, Node Support Pole, Service pole or Utility Pole. 8. Graffiti Abatement. As soon as practical, but not later than fourteen (14) calendar days from the date Network Provider receives notice thereof, Network Provider shall remove all graffiti on any of its Micro Network Node, Network Node, Node Support Pole, and related ground equipment located in the Right of Way. The foregoing shall not relieve the Network Provider from complying with any City graffiti or visual blight ordinance or regulation. 9. Restoration. Network Provider shall repair any damage to the Right -of -Way, or any facilities located within the Right -of -Way, and the property of any third party resulting from Network Working Draft 28 1 P a g e Page 111 SANGER +rexws City of Sanger Small Wireless Facility Design Guidelines Provider's removal or relocation activities (or any other of Network Provider's activities hereunder) within 10 calendar days following the date of such removal or relocation, at Network Provider's sole cost and expense, including restoration of the Right -of -Way and such property to substantially the same condition as it was immediately before the date Network Provider was granted a Permit for the applicable Location or did the work at such Location (even if Network Provider did not first obtain a Permit), including restoration or replacement of any damaged trees, shrubs or other vegetation. Such repair, restoration and replacement shall be subject to the sole, reasonable approval of the City. 10. Network provider's responsibility. Network Provider shall be responsible and liable for the acts and omissions of Network Provider's employees, temporary employees, officers, directors, consultants, agents, Affiliates, subsidiaries, sub -Network Provider's and subcontractors in connection with the installations of any Micro Network Node, Network Node, Node Support Pole and related ground equipment, as if such acts or omissions were Network Provider's acts or omissions. Working Draft 29 1 P a g e Page 112 SANGER *TEXAS City of Sanger Small Wireless Facility Design Guidelines SECTION 12. ADMINISTRATIVE HEARING - REQUEST FOR EXEMPTION Should the Network Provider desire to deviate from any of the standards set forth in the Design Manual, the Network Provider may request an Administrative Hearing before a Board of Appeals. The Zoning Board of Adjustment shall act as the Board of Appeals for a Request for Exemption. The process for an application, hearing and vote shall follow the process set out for a variance. Working Draft 301 Page Page 113 SANGER City of Sanger ,rExp, Small Wireless Facility Design Guidelines SECTION 13. DESIGN MANUAL - UPDATES Placement or Modification of Micro Network Node, Network Node, Node Support Pole and related ground equipment shall comply with the City's Design Manual at the time the Permit for installation or Modification is approved and as amended from time to time. Working Draft 311 P a g e Page 114 SANGER +rexws Appendix A: Design Concepts City of Sanger Small Wireless Facility Design Guidelines The following diagrams and information were provided by, and used with the permission of, Comptek Tech nologies/CityPole®. The inclusion of this information in no way indicates that the City endorses CityPole or its products. Self-contained poles from other manufacturers will be considered as long as the structure meets the other guidelines outlined in the Small Wireless Facilities Ordinance and this document. A.1 Small Wireless Facility Pole UPPER ANTENNA MODULE UPPER POLE MOUNT OPTION EXAMPLES slRouD 1• BASE CABINET FOUNDikTION Working Draft 0 CltyPolexom 321Page Page 115 SANGER City of Sanger ,rExa= Small Wireless Facility Design Guidelines A.2 Base Cabinet Integrated wireless equipment in base cabinet. The base cabinet can be configured with a wide range of eiectr€cal disconnects to meet local building codes and preferences. 60 in 72 in The base cabinet height can be chosen to house future equipment and complement local dtyscapes_ Working Draft 33 1 P a g e Page116 SANGER A.3 Upper Antenna Module City of Sanger Small Wireless Facility Design Guidelines The upper antenna module can be easily reconfigured for a number of technology generations, These includes multiple configurations of cellular technology, various backhoul and law power options such aswlFi, Bluetooth, OF Zlgt eM and as many as three different technology generations. AA Foundation Selection CityPole pre- castfaundation speeds work In the Right of way. Caisson and custom designs are available. Cast in place foundations are acceptable, as long as the foundation meets accepted guidelines for structural integrity required by the attached equipment. Working Draft 341 Page Page117 SANGER *Terse A.5 Lighting Accessories AL A.6 Color Options CITYPOLE' STANDARD RAL COLOR OPTIONS Green! grown � G*re Slgn:W 81ack lRhowrr lYa1fx91adr 6G7] I 3wo'br- 9644 w51ggal nlli 9003 CUSTOM COLORS AND NATURAL FINISHES ARE AVAILABLE UPON REQUEST Antlque, -"Meiallk PAbble 'P2Ctk. Cairer' 942dr [wst* i-; -� Working Draft City of Sanger Small Wireless Facility Design Guidelines 351Page Page118 SANGER A.7 Product Selection Matrix City of Sanger Small Wireless Facility Design Guidelines Standard C"le° System Offering Custom Options Overall Pale Height 2�, 36, 3�, and 46 Above Ground Level (AGL) Available Color Choiom gColor Choices are Standard (Custom colors awavallable_) Rase Cabinet Technology Types 1. R or 3 D&rent Technologies can be Aonommodatedl Dimension Ground Diameter is', 20 • 2e I Height i5e. Optional72' Fksuble Mount System ADMourd- systemito reconfigure intenrah(orfuhare equipment sees. Electrical Optlons No Dlsconned Dtsconned Only. or Maier and Disconnect. Universal Meter Bay Accommodates paver meter and meter screen requirements as deter- mined by local uhlh provider: fits meter boxes of all smes. Upper Pole Antenna Mod ule Rad Censer Loc2tion Variable and Rased on Pale Height and Other Options Technology Types h, Z or 3 D&rent Technologies can be Aowmmodated Auxiliary Bay Options Low Power RF• Backhaul• and WIfl Options can be Accommodated. Muhiple and Fe —configurable 12'fa inch modules with RlexRadTM universal equipment track system optional. Antenna Mount and ShroudOptrons Separate and Secure Rayswith RF Transparent Materials to accomodate qG{5GEquipment Gmniand Panel Types available. Accessory Selection Lighfing Pole can be ordered without lighting orwlth 1•2•3, or q lights. Light Mounts Standard Plate or OfisetArms depending on light selection Llghfing slioebox, r_obralread. Cylrrdr cA DDrwanclAcom Other Technology Gun Shot Sensors. Video• Weather, Traffic Mgmt Laver Shroud Details Multiple Options are Available Base Plate Details Multiple Options are Available Foundation Options Pre -cast, or Cast-In-Plaoe E-,I : r--o - I: for Thermal Management All Equlpmentand Antenna Bays Monitored for Temperature PassW and PoFcedAirStwdard; Heal Ripe and ThermoeledricalOptional Securhy External and Internal Locking Features. CRyPuV FIexSmart" Control and Connectivity Optional. Monitoring and Corhhol Ineur}Mal Coriroler with 14 Nital and ha Analog Inputs with FlstSrriaa- Working Draft 36 1 P a g e Page119 SANGER CITY COUNCIL AGENDA MEMO * T E X A S AGENDA ITEM NO.9.a. AGENDA MEETING DATE: March 2, 2020 TO: Alina Ciocan, City Manager FROM: Curtis Amyx, Police Chief ITEM/CAPTION: Racial Profiling Report Attached is a copy of information from January 1, 2019 through December 31, 2019 regarding racial profiling information set in place by policy. There have been no complaints filed with this department regarding a racial profiling incident. AGENDA TYPE: Regular ACTION REQUESTED: Other: Informational BACKGROUND: N/A 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 Racial Profiling Report 2/26/2020 Cover Memo Page120 Racial Profiling Report I Full Zeporting Date: 02/12/2020 agency Name: SANGER POLICE DEPT. CCOLE Agency Number: 121217 Mief Administrator: CURTIS R. AMYX kgency Contact Information: Phone: (940) 458-7444 Email: camyx@sangertexas.org vlailing Address: P. 0. BOX 578 SANGER, TX 76266-1729 Phis Agency filed a full report 3ANGER POLICE DEPT. has adopted a detailed written policy on racial profiling. Our policy: �.) clearly defines acts constituting racial profiling; ?.) strictly prohibit peace officers employed by the SANGER POLICE DEPT. from engaging in racial profiling; 3.) implements a process by which an individual may file a complaint with the SANGER POLICE DEPT. if the ndividual believes that a peace officer employed by the SANGER POLICE DEPT. has engaged in racial profiling Faith respect to the individual; l.) provides public education relating to the agency's complaint process; 5.) requires appropriate corrective action to be taken against a peace officer employed by the SANGER POLICE DEPT. who, after an investigation, is shown to have engaged in racial profiling in violation of the SANGER POLICE )EPT. policy adopted under this article; i.) require collection of information relating to motor vehicle stops in which a citation is issued and to arrests made as L result of those stops, including information relating to: a.) the race or ethnicity of the individual detained; b.) whether a search was conducted and, if so, whether the individual detained consented to the search; and c.) whether the peace officer knew the race or ethnicity of the individual detained before detaining that individual; and 7.) require the chief administrator of the agency, regardless of whether the administrator is elected, employed, or appointed, to submit an annual report of the information collected under Subdivision(6) to: a.) the Commission on Law Enforcement; and b.) the governing body of each county or municipality served by the agency, if the agency is an agency of a county, municipality, or other political subdivision of the state. :xecuted by: Curtis Amyx, Chief of Police )ate: 02/12/2020 1 of 3 Page 121 Motor Vehicle Racial Profiling Tnformation Total stops: 430 Gender Female 177 Male 252 Race / Ethnicity Black 26 Asian / Pacific Islander 4 Hispanic / Latino 58 White 337 Alaska Native / American 0 Was race or ethnicity known prior to stop? Yes 12 No 418 Reason for stop? Violation of law 22 Preexisting knowledge 15 Moving traffic violation 332 Vehicle traffic violation 59 Street address or approximate location of the stop City street 356 US highway 46 County road 5 State highway 10 Private property or other 13 Was a search conducted? Yes 55 No 375 Reason for Search? consent 10 contraband 4 probable 28 inventory 1 2 of 3 Page 122 ncident to arrest 12 Was Contraband discovered? Yes 41 No 14 Description of contraband Drugs 29 Currency 0 Weapons 2 Alcohol 6 Stolen property 3 Other 1 Result of the stop Verbal warning 0 Written warning 161 Citation 216 Written warning and arrest 0 Citation and arrest 4 Arrest 49 Arrest based on Violation of Penal Code 50 Violation of Traffic Law 1 Violation of City Ordinance 0 Outstanding Warrant 2 Was physical force resulting in bodily injury used during stop? Yes 0 No 430 Submitted electronically to the The Texas Commission on Law Enforcement 3 of 3 Page 123