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12/03/2018-CC-Agenda Packet-RegularSANGER, AGENDA CITY COUNCIL REGULAR MEETING MONDAY, DECEMBER 3, 2018 7:00 PM 502 ELM STREET SANGER, TEXAS 1. CaIl 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 to discuss any issues brought tip during this section). 3. CONSENT AGENDA: a) Approval of Minutes 1) City Council Work Session Minutes, November 19, 2018 (PAGE 4) 2) City Council Regular Meeting Minutes, November 19, 2018 (PAGE 8) 4. Consider Any Items Removed from Consent Agenda. REGULAR AGENDA 5. Consider, Discuss and Possibly Act on Approving and Authorize the Mayor to Execute an Engineering Contract with LCRA for an Electric System Study. (PAGE 12) 6. Consider, Discuss, and Possibly Act on Approving and Authorizing the Mayor to Execute an Engineering Contract with Dannenbaum Engineering Company Dallas, LLC, for the FM 455 Water and Wastewater Utilities Relocation. (PAGE 19) 7. Consider, Discuss and Act on Resolution # 12-01-18 -- Approving an Amendment to the Terms and Conditions of an Agreement by and between the City of Sanger and Sanger Lodging LLC Attached as Exhibit "A"'; Providing For a Repealing Clause; Providing For a Severabiiity Clause; and Providing an Effective Date. (PAGE 40) 8. Conduct a Public Hearing Regarding a Zoning Change From "A" Agricultural District to "B-2" Business District-2 for 0.258 Acres of the 57.74 Acres Tract of Land, Described as A1241 TIERWESTER TR 57 (PT) OLD DCAD SHT 5, TR 6; and, Generally Located Approximately 185 Feet East of Sanger West. Boulevard and Approximately 45 Feet North East of Acker Street. (PAGE 45) 9. Consider,. Discuss and Act on Ordinance # 12-31-18 Regarding A Zoning Change From "A" Agricultural District to "B-2" Business District-2 for 0.258 Acres of the 57.74 Acres Tract of Land, Described as A1241 TIERWESTER TR 57 (PT) OLD DCAD SHT 5, TR 6 and.Generally Located Approximately 185 Feet East of Sanger West Boulevard and Approximately 45 Feet North East of Acker Street; Providing for a SeverabiIity Clane; Providing for a Penalty of Fine in Accordance with Section 1.109 of the Code of Ordinances for Violations; and, Providing for an Effective Date. (PAGE 47) 10. Conduct a Public Hearing Regarding A Specific Use Permit for a Temporary Concrete Batch Plant on Property Zoned PD-05-06-18 Planned Development (Lake Ridge Estates), and Generally Located 500 Feet East of the Intersection of Waterfront Drive and Lakeside Drive. (PAGE 59) 11. Consider, Discuss and Act on Ordinance # 12-32-18 Regarding A Specific Use Permit for a Temporary Concrete Batch Plant on Property Zoned PD-05-06-18 Planned Development (Lake Ridge Estates), and Generally Located 500 Feet East of the Intersection of Waterfront Drive and Lakeside Drive; Providing for a Severability Clause; Providing for a Penalty of Fine in Accordance with Section 1.109 of the Code of Ordinances for Violations; and, Providing for an Effective Date. (PAGE 60) 12. Consider, Discuss and Act on the Final Plat of Lots 1-14, Block A, Lakeside Addition, Being 62.91 Acres in the Carmel Manchaca Survey, Abstract Number 790, Within the Extraterritorial Jurisdiction (ETJ) of the City of Sanger, Generally Located Between. FM 2164 on the West and FM 455 on the East and Approximately 1200 Feet South of the Intersection of FM 2164 and FM 455. (PAGE 73) 13. Conduct a Public Hearing Regarding an Amendment of the Future Land Use Map From Industrial To Commercial For Proposed Lot 111 and Lot 2R of the Sanger Industrial Addition Being 1.17 Acres, Situated in Reuben Bebee Survey, Abstract No. 29, and Generally Located North of Bolivar Street and Approximately 110 Feet East of North 2" Street. (PAGE 79) 14. Consider, Discuss and Act on Ordinance # 12-33-18 Regarding An Amendment of the Future Land Use Map From Industrial to Commercial For Proposed Lot IR and Lot 2R of the Sanger Industrial Addition Being 1.17 Acres, Situated in Reuben Bebee Survey, Abstract No. 29, and Generally Located North of Bolivar Street and Approximately 110 Feet East of North 2"d Street; Providing for a Severability Clause; Providing for a Penalty of Fin in Accordance with Section 1.109 of the Code of Ordinances for Violations and Providing for an Effective Date. (PAGE 80) 15. Conduct a Public Hearing Regarding a Zoning Change From 11I-2" Heavy Industrial District to "I-1" Industrial District for Lot 311 of Sanger Industrial Addition Being 3.89 Aces, and From "I-1" Industrial District to "B-3" Central Business District for Lot 1R and Lot 2R of the Sanger Industrial Addition Being 1.17 Acres, Situated in the Reuben Bebee Survey, Abstract No. 29, and Generally Located North-East of the Intersection of Bolivar Street and North 2"d Street. (PAGE 91) 16. Consider, Discuss and Act on Ordinance # 12-30-18 Regarding a Zoning Change From "I-2" Heavy Industrial District to 111-1" Industrial District for Lot 3R of Sanger Industrial Addition Being 3.89 Aces, and From 111-1" Industrial District to "B-3" Central Business District for Lot 1R and Lot 2R of the Sanger Industrial Addition Being 1.17 Acres, Situated in the Reuben Bebee Survey, Abstract No. 29, and Generally Located North of Bolivar Street and Approximately 110 feet East of North 2"d Street; Providing for a Repealing Clause; Providing For a Severability Clause; and Providing an Effective Date. (PAGE 92) 17. Conduct a Public Hearing regarding a Zoning Change From "A" Agricultural District 2 to "B-2" Business District-2 for 0.258 Acres of the 57.74 Acres Tract of Land Described as A1241 TIERWESTER TR 57 (PT) OLD DCAD SHT 5, TR 6 and Generally Located Approximately 185 Feet East of Sanger West Boulevard and Approximately 45 Feet North East of Acker Street. (PAGE 117) 18. Consider, Discuss and Act on Ordinance #12-31-18 Regarding A Zoning Change From "A" Agricultural District to "B-2" Business District-2 for 0.258 Acres of the 57.74 Acres Tract of Land Described as A1241 TIERWESTER TR 57 (PT) OLD DCAD SHT 5, TR 6 and Generally Located Approximately 185 Feet East of Sanger West Boulevard and Approximately 45 Feet North East of Acker Street. Providing for a Repealing Clause; Providing for a Severability Clause; and Providing an Effective Date. (PAGE 118) 19. INFORMATION ITEMS: a) Monthly Financial Report —October 31, 2018 (PAGE 130) b) Capital Projections Recap —November 28, 2018 (PAGE 141) 20. 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). 21. 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: ,?OI V at ; O U ;". M., and remained posted continuously for at least 72 hours prior to the scheduled time of said meeting and shall remain posted until meeting is adjourul�d��u��uae�,,,' O Che rice City Secretary City of Sanger, Texas This facility is wheelchair accessiib(0:iarking spaces are available. Requests for accommodations or interpretive servic0rrituaA 9 made 48 hours prior to this meeting. Please contact the City Secretary's office at (940) 458-7930 for further information. 3 CITY OF SANGER, TEXAS MINUTES: CITY COUNCIL WORK SESSION November 19, 2018— 6:00 PM 502 Elm Street, Sanger, Texas COUNCIL MEMBERS PRESENT: Mayor Thomas Muir, Councilman Bill Boutwell, Councilman Lee Allison, Councilman Allen Chick Councilman David Clark; Councilman Gary Bilyeu COUNCIL MEMBERS ABSENT: None. The Mayor and all Council Members were present constituting a quorum. STAFF MEMBERS PRESENT: Alina Ciocan, City Manager; Clayton Gray, Finance Director, Ramie Hammonds, Director of Development Services; Public Works Director Neal Welch; Cheryl Price, City Secretary, 1. Call Meeting to Order Mayor Muir called the Work Session to order at 6:00 PM on November 19, 2018. 2. Discussion on the FM 455 Widening Project in Relation to Proposed Utility Relocation. Public Works Director Neal Welch introduced Danny Everett, P.E. and Bart Hines, P.E. of Dannenbaum Engineering, Danny Everett, P.E. of Dannenbaum Engineering was recognized, provided his background, and advised he is the Project Manager over the roadway re -construction of FM 455 for TxDOT. They have been working on the project for quite some time. The schematic is already approved and the environmental process is completed and it is clear and they are acquiring property right now. There are approximately 30 parcels going to eminent domain. They are preparing for this and the hearings have actually started. He provided a power point presentation and noted some key dates that are really driving the utility relocation related to the roadway. They have kicked off on the construction plan set of FM 455. The thirty percent (30%) design is going to be due to TxDOT in May of 2019. They actually received notice to proceed on November I". The County is funding the Engineering costs on this. They have had to submit a supplemental agreement to incorporate IH-35 into the FM 455 plan. There will be approximately one mile of 1H-35 over FM 455 that is going to get re -constructed along with this project. That was done in an effort to not have the expanded facility neck down at ZH-35 and the City would continue to have the connectivity problems from east to west. The supplemental should pass in the first meeting in December. They are currently doing right-of-way mapping on ZH-35 and they have a sixty percent (60%) design due in October of 2019. Another key date is the right-of-way clearance which is February of 2020 which is when TxDOT is saying all of the right-of-way clearance will be clear. Again, with all of these dates are incorporating 1H-35 into them. The ninety-five percent (95%) design will be in March of 2020 and the final design will be in September of 2020. TxDOT's ready to let date will be October of 2021, with a let date of February of 2022. The importance of the "Ready to Let" date of October 2021 is that TxDOT will not move forward with the letting unless the right-of-way is clear of utilities; which means all of the utility relocations needs to be performed by that date. He noted the Key milestones regarding the supplemental TxDOT Roadway design and utility design and introduced Bart Hines, P.E. of Dannenbaum Engineering. Bart Hines, P.E. of Dannenbaum Engineering provided his background. He stated that TxDOT is very particular about getting all of the utilities out of the way so that is what they are trying 4 o do quickly. He developed a design scope of work with the basic parameters and noted the bottom line is that they are working toward targeting awarding the bid for the design scope of work for construction in March 2020 and hopefully in two months start construction and be completed within 10 months March 2021. He noted there are a lot of utilities they have to relocate, water, wastewater, at about 12,000 feet. Some of it is under pavement and has to be relocated and some of it is for betterment of the water system they are trying to make improvements to. The benefit that would be cost effective for the City is looking at the Master Plan and meeting with staff regarding places where there may be gaps where there are no lines; that now would be a good time to put them in while they have a contractor out there. This will all be in the scope of work and in an exhibit in the contract that will be considered in the next couple of weeks. He noted some detailed plans which were not final design yet, but would be estimates of what they are looking at with a broad brush. He noted the bottom line is that the OPCC Pre Design is $2.44 Million, which includes a 35% contingency. He noted details of some of the items they would be doing. As they submit the design the City will get an updated OPCC and the dollar amount may move and at that time the City can make decisions as to whether it wants to add more stuff. The scope of work is based on the items currently identified. If looking for budget decrease on this they can consider postponing some of the construction at that time. He noted the Design Fee is $230,707, which includes $56,012 for sub -consulting. City Manager Alina Ciocan asked if they would summarize the reimbursement procedures. Danny Everett with Dannenbaum Engineering was recognized and noted that during the design process that he would be working with Bart Hines to determine an eligible reimbursement percentage. It is a ratio that TxDOT uses. In taking everything into account that needs to be relocated they develop one percentage. What they look at, is where the water lines exist today and if they are currently in the State's right-of-way and they are coming in requiring the utilities to move - that is not eligible. If we are outside of existing right -of way and the proposed right -of ---way overtakes us, then we would be eligible for reimbursement. Some of the things unique to this job are that all of the utilities along IH-35 are reimbursable at 100 percent. From. IH-35 to west of the railroad at some point and time it was a county facility and if the utilities were in the corridor prior to the State taking it over, those are reimbursed at 100%. In taking all of these things into account, each line being relocated will have a percentage. He gave some examples of percentages for different lines and noted that the percentages would be averaged with a weighted average and come to fruition as the plans get finalized, they will develop the final ratio and go through the state to the final ratio approved. That ratio will go to the city and become the utility reimbursement agreement. As they move through construction there are a few ways to handle it. The City can choose to have the utilities let with the roadway contract or choose to do it themselves. There are pros and cons to each one. If the City lets the contract it gives the City more control and allows the City to be the first one in. If the City lets it with the roadway contract, then all of the relocation will be performed and the City is basically hoping that all of the other utilities are where they said they were going to be. Usually it works out but there are issues. The pro of going with the roadway contract is that the City delays the payment on the cost of the construction. Once the contract lets the State will come to the City and ask for the money required to perform the utility relocations. If the City chooses to let the contract then the City would be on for the cost on its' own. The advantage to this is the City could pay as it goes. Once the contract lets with the City and the City awards the bid to the contractor which bids at two million dollars, once the contractor starts the work, they will start submitting pay applications to Dannenbaum and the City. Dannenbaum will look at the invoices and make sure that the work was performed and take the pay application; say, as an example it is $200,000, they will apply the reimbursement percentage; say, 50% to the pay application. The City would go ahead and issue full 100% the $200,000 payment to the contractor and Dannenbaum would then submit it to the State to get the City reimbursed for the remaining 50 percent to get the $100,000 reimbursement and then the 5 State would issue the City a check for the $100,000. So, the City would pay as it goes and get reimbursed the percentage money back too. He did this same thing with the City of Anna and the checks were coming in from the State within 30 days. The City needs to obviously see what the end number is and determine what is best for the City. Mayor Pro Tem Bilyeu asked who was going to manage the situation if the lines are not where they are supposed to be. Mr. Everett stated he will actually be working for the City on both sides (utility and roadway) and they are going to coordinate the project. There are going to be meetings and any utility franchise that has a stake will have to be at the meeting. He noted he does not have a schedule for the meetings at this time. When he did the 380 improvements through Razor Ranch the meetings started out every other week and as they got further along the meetings went to monthly. The important part of this is that when they get to the 60% design date that is when they will, through TxDOT release roadway plans that are adequate for utility relocation. At that point they tell all of the utilities that this is where they are and this is how you need to design. Generally, TxDOT will tell you where you need to be going and Dannenbaum will follow those guidelines. Mayor Pro Tem asked if there is an advantage for us to do it or to go with the roadway contract and Mr. Everett stated that the advantage would be for the City to be in first, to have the City let the contract and get in and be done. Then all of the other franchise utilities would be coming in after. He noted that historically, with the projects he has worked with in the past it may generally be more cost effective for the City to do it than to have TxDOT do it. There would be a lot more coordination and requirements that TxDOT is going to require on a contract to perform work then what is generally done on the municipal side so there is a percentage that the City could pay higher because it is a TxDOT job. Councilman Allision asked questions regarding the construction contract and paying the contractor if there is a chance that a contractor would front load the contract. Mr. Everett noted that his recommendation is to go in, and get it done, so that the City is out of the way. The contractors sometimes do as much as they can and hit the high dollar items and if they give them too much time on a contract that is when the barricades sit on the roadways and everyone is asking when it will be finished and they figure they already made most of their money and will finish when they are told they have to. That happens and those are things that Dannenbaum would want to look at. This is a about 26 to 28-month contract. if the City lets it would be about 11 months and the City would be out of the way. Councilman Allison asked if TxDOT would have all of the buildings on the south side demolished and out of the way. Mr. Everett noted that by the let date of 2021 the right of way would have to be clear. Mr. Everett noted that somewhere there is a record as to when FM 455 was brought into the system and we just need to track down minute order from the Commission or something that proves that it was the City's facility at one time so it will be 100% reimbursable. Councilman Boutwell asked if the City lets who with the City is going to inspect the job every day to be sure everything is being done according to plans. Neal Welch noted the Public Works Inspector would be out there. Councilman Allision noted that if someone down the line puts in utilities and goes through our line because it was not where it was supposed to be, would a third -party inspector avoid some of the liability? He noted that relocating with 60% design that there could be significant change, particularly in storm sewers. Mr. Everett noted that Mr. Allison is correct regarding the design and that is one benefit in that they performing the roadway and the utilities is that it is all right there. I There was miscellaneous discussion regarding the right-of-way and utility relocation and Mr. Everett noted that they will be attending the meetings and anyone with the City can attend. City Manager Alina Ciocan noted as another component is that the City also has to move some electric utilities and that would be a separate contract and would be coordinated. Mr. Everett noted one more thing he wanted to mention that he did not believe was an issue with the City, however, noted that they are working with Bolivar Water and any of the lines that are currently in an easement, the proposed right of way takes over the easement and if that line is not in conflict with the roadway, they are going to leave it there. They are not going to pay just to move. They will enter into a shared use agreement with the entity acknowledging they both have stake in the property. If that agreement is executed with the State it would be subject to any further relocation costs should arise later on, or the state would pay the city for the easement. He did not believe the City has this issue, but if it did, he would suggest the City execute a shared use agreement acknowledging the City has a stake in it and it would be eligible for reimbursement. Mayor Muir asked about the construction engineering inspection, if the City does not do it ourselves, would it be independent. Mr. Everett noted that they do have firms that they have worked with that do the construction engineering inspection. Mr. Hines advised that the did not put construction management in the proposed contract figures that it just takes it up to the award bid. It would be hard to defend what the fee would be at this point and time. He noted there are several films that could do the inspection. It would handicap the City to have to be there, especially if there is development construction going on where do they go fist. There should be a dedicated person for the project. Mayor Muir asked if the City did not let and went with the State that they said the State would call on the City for the full payment. Is this the full net payment or the fall amount and what is the tinning on that with reimburse later? Mr. Everett noted if the City went with the roadway project that the State would ask the City for the full bid amount that the contractor bids which would be based off of Dannenbaum's estimate and they will reimburse off of that. If Dannenbaum's estimate is really high and the contractor comes in really low that the City will get reimbursed off of the high estimate and when the project is reconciled the City could come out owing the State money. He noted that they try to get as close as they can when estimating the costs and want to get as close as they can. The City reimbursement percentage would be applied after that one payment. There was additional discussion regarding the timing of the construction and when it would be done, whether it would be daytime or nighttime. Mr. Everett noted that it would be a discussion. It was noted that IH-35 would probably be nighttime construction. It was noted that Dannenbaum's plans would be included in the TxDOT plans if the City goes with TxDOT. All of the engineering fees are also reimbursed with the same percentage. Sub -surface Engineering has already been done and he has added it back in. They want to find every utility that is out there and everything is covered. Mayor Muir asked about IH-35 and FM 455 and noted that around the proximity to IH-35 it is not moving as quickly. Mr. Everett noted that some of the properties are on hold and their right-of-way mapping is due to in January and they will be going through a comment period with them. March 2020 is about when the environment clearance is taking place on IH-35. Once they get the clearance, they will be approaching the property owners regarding the right-of-way for IH-35. It was noted that most likely the contractor will be wonting on both, but there may be some variations depending on the contractor. Councilman Allison asked if there was any possibility of TxDOT working with the City to improve some or a parallel side street(s) for temporary traffic access for the FM 455 traffic. Mr. Everett noted 7 that he has seen instances where this has been done and it would probably be a payment the City would make when it bid. He noted that they could absolutely make the request. Mayor Muir noted the intersection of III-35 and asked about the safety islands to keep everyone turning the right direction. With the addition of IH-35 there will be plenty of access to have a safer intersection with the full U-turns, continuous left turn lanes, and frontage road improvements, etc. The bridge improvement will open up the pavement area and will probably be one of the first things they do. TxDOT has really taken in the public involvement concerns and after the concerns that were voiced, they have determined that theses improvements are necessary. Councilman Chick asked when do we need to make the decision as to which way, we are going to go to let the contract. Mr. Everett noted that towards the end of next year they would need to have an idea of which way the City would need to go; and, should start having discussions at that point. Mayor Muir asked the financial question of how soon the City would know an estimate on the reimbursable amount because it is a magnitude for us that is meaningful because we are considering the possibility of bonding and if we can get a million reimbursed; that would be a million we would not have to bond. Mr. Everett noted that as they move to the 60%, they should have an idea, and by 95% of the plans completion they should have most of the percentages determined. Mr. Hines noted that the City would still be responsible for the entire aniount. Reimbursement would come later. There was discussion and Mr. Everett noted that by June of next year they may have an idea at within 10 percent. He noted that as we go through the process if they need to take a closer look then they would do that to help the City out with the best information they have. City Manager Alina Ciocan noted that the City Attorney is currently reviewing the contract and it should be presented to the City Council at the next meeting on December 3r . Mr. Everett noted that he is setting up a meeting with the Denton County Coordinator to meet with him and Neal Welch to answer some questions. The Mayor and Councilmembers thanked Mr. Everett and Mr. Hines with Dannenbaum for coming to the work session. 3. Overview of Items on Regular Agenda. No Items. 4. Adjourn. There being no further business, Mayor Muir adjourned the Work Session at 6:57 PM. 0 • CITY OF SANGER, TEXAS MINUTES: REGULAR CITY COUNCIL MEETING November 19, 2018, 7:00 p.m. 502 Elm Street, Sanger, Texas COUNCIL MEMBERS PRESENT: Mayor Thomas Muir, Mayor Pro Tern Bilycu, Councilman David Clark, Councilman Allen Chick, Councilman Lee Allison. COUNCIL MEMBERS ABSENT: Councilman Bill Boutwell. The Mayor and five (5) Council Members were present constituting a quorum. STAFF MEMBERS PRESENT: City Manager Alina Ciocan, City Secretary Cheryl Price, Finance Director, Clayton Gray, Director of Development Services, Ramie Hammonds, Director of Public Works, Neal Welch. 1. Call Meeting to Order, Invocation, PIedge of Allegiance. Mayor Muir called the Regular City Council Meeting to order on November 19, 2018 at 7:04 p.m. Councilman Chick gave the Invocation and Councilman Clark led the Pledge of Allegiance. 2. Citizens Input: (Citizens are allowed 3 minutes to speak. The City Council is unable to respond or to discuss any issues brought up during this section). No citizens approached the podium who wished to speak on items not on the agenda. 3. CONSENT AGENDA: a) Approval of Minutes a. City Council Regular Meeting, November 5, 2018 b) Approval of Vendor Agreement for the Comprehensive Energy Assistance Program (CEAP) Between Texoma Council of Governments (TCOG) and the City of Sanger, Texas; And, Authorize City Manager to Execute Agreement. e) Approval of Interlocal Cooperation Agreement for Fire Protection Services Between Denton County and The City of Sanger; And, Authorize the Fire Chief to Execute Agreement. d) Approval of Interlocal Cooperation Agreement for Ambulance Services Between Denton County and The City of Sanger; And, Authorize the Fire Chief to Execute Agreement. e) Approve Appointing the Following Citizens to Open Board Positions For a Two - Year Term: 9 Library Board — Place 5 Sharon K. Knappe Planning and Zoning Commission — Alternate Sally Amendola Zoning Board of Adjustments -- Alternate Sally Amendola Mayor Muir briefly summarized the items on the Consent Agenda and a brief summary was provided by Finance Director Clayton Gray regarding Consent Agenda Item 3. b) He noted this is the second renewal on this Agreement with the Texoma Council of Governments. The Council has an energy services department and serves Collin, Cooke, Denton Fannin, Grayson, Hunt and Rockwall Counties where they have an energy assistance program where they will assist citizens in paying their electric bill if they are having a hard time doing that. It is basically an agreement that a customer goes to them directly and asks for assistance and they send a pledge to the City where the customer is and the City pays the bill on the pledge amount of the portion of the utility bill and the City accepts that as a paid portion of the utility bill. He noted that we do have a number of citizens that qualify and they also do education with them on energy conservation as well. It was noted when someone contacts utility billing they usually direct people to the Crisis Center and as a second line to the also to the Texoma Council of Governments. A motion was made by Mayor Pro Tem Bilyeu to approve the Consent Agenda as presented. The motion was seconded by Councilman Boutwell. The motion carried unanimously (5-0 Vote). 4. Consider Any Items Removed from Consent Agenda. REGULAR AGENDA No Items. 5. INFORMATION ITEMS: a) Atmos Energy Rider GCR — Rate Filing Under Docket No. 10170. 6. 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 specijtc factual information or the recitation of existing policy may be given. Any deliberation shall be limited to a proposal to place the subject oil 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). Councilman Clark noted the pond on McReynolds was washed out behind the dam and he was concerned if it was part of the contract. 10 Mayor Pro Tern Bilyeu noted that there has been discussion regarding capital improvements in the past and a subject that has been mentioned is the improvement of the interior streets in the old town area. He has spoken with several people around town who would like to see improvements made in the old town interior city roads; and, he requested an update of the status of future improvements of the interior streets in the old town area. 7. ADJOURN. There being no further discussion, Mayor Muir adjourned the meeting at 7:11 p.m. 11 BANGER -fir T E X A S COUNCIL AGENDA ITEM AGENDA TYPE ® Regular ❑ Special ❑ Consent Reviewed by Finance ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal ❑ Yes ® Not Applicable ® Yes ❑ Not Applicable COUNCIL MEETING DATE: SUBMITTED BY: December 3, 2018 Mike Prater, Director of Electric Utilities City Manager Reviewed/Approval Initials (� Date ACTION REQUESTED: ❑ORDINANCE ❑ RESOLUTION ❑ APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ® AWARD OF CONTRACT ❑ CONSENSUS ❑ REAPPOINTMENTS AGENDA CAPTION Consider, Discuss and Possibly Act on Approving and Authorize the Mayor to Execute an Engineering Contract with LCRA for an Electric System Study. FINANCIAL SUMMARY [:]N/A❑GRANT FUNDS ❑OPERATING EXPENSE ❑REVENUE ❑CI P ❑BUDGETED ❑NON -BUDGETED PRIOR CURRENT FUTURE FISCAL YEAR: YEAR YEAR YEARS TOTALS Proposed Expenditure Amount $0.00 $15,000.00 $60,000.00 $75,000.00 Encumbered Amount BALANCE FUND(S) TO BE USED: General ❑$ Utility ❑ $ Special ❑ $ BACKGROUND/SUMMARY OF ITEM The proposed contract presented by LCRA will provide a detailed inventory of Sanger Electric Utilities' Distribution System. Beginning at the sub -station breakers and ending at the customer's meter. Included with the study, the City will be receiving both digital and hard copy maps outlining the system including primary feeders, conductor sizes, pole locations and other equipment on the system. The study will also include system update needs for future growth. This contract is not subject to competitive bidding since it is a professional service exempt under Section 252.022 of the Local Government Code. STAFF OPTIONS & RECOMMENDATION Staff recommends approval. List of Supporting Documents/Exhibits Attached: Prior Action/Review by Council, Boards, Commissions or Other • Contract Sanger/LCRA Agencies: NIA 12 LCRA CUSTOMER SERVICES CONTRACT (ltorna TS400 rev.10/29/2012) CUSTOMER: City of Sanger 502 Elm St Sanger, Texas 76266 Attu: Mike Prater PROJECT: 5-Year Engineering System Study DATE SUBMl(TTIED: November 29, 2018 SCOPE OF SERVICES: Provide an Electric Distribution Study per the attached Scope (Engineering Services Agreement). The purpose of this study is to identify large electric systems improvements required over the five-year study period. The City will be billed $15,000 each year for 5 years. The City will be invoiced for the annual payment amount each January, beginning January 1, 2019 with the last billing invoiced on January 1, 2023 (5 payments). SCHEDULE: Begins: LCRA. will provide one Electric Distribution Study between the time frame January 1, 2019 to January 1, 2023. Schedule to be determined. comptetiom: LCRA will provide one Electric Distribution Study between the time frame January 1, 2019 to January 1, 2023. Schedule to be determined. CONTRACT TYPE & PRICE: Type: Independent Contract Total Cost: $75;000 over 5 yrs Billing Method: Annual Invoice ($15,000 annually) (Please note that if this is an inde endent contract, terms and conditions should be attached) Customer and the Lower Colorado River Authority agree that the work described above shall be performed in accordance with the terms and conditions in this contract. City of Sanger Lower Colorado River Authority By: By: Kristian Koellner Title: Title: VP, Transmission Planning, Transmisison Services Date: Date: OFFICEUSE ONLY Job Description: Engineering System Analysis (ESA) Account: Approved By: l,CltA Work Order: Estimated Completion Date: Actual Completion Date: Assigned Contract Agent: Kristian Koelhrer Assigned Contract Administrator: Bill Jerrarn 13 ENGINEERING SERVICES AGREEMENT Technical Requirements LCRA shall provide the following engineering services to Customer: a. Verify and/or gather field information needed to construct a computer model of the primary electric system including: 1. Location of substation(s) that supply the Customer's distribution system. H. Location of distribution poles. iii. Location of primary overhead and underground distribution conductors including the following: 1. Conductor construction design type 2. Conductor type per phase, including neutral 3. Conductor phasing 4. Conductor span measured from each section (pole to,.pole) iv. Location of air break switches (including type and current rating), disconnect switches (including type and current rating), line breakers / reclosers / sectionalizers (including type, current rating and controller information), and line regulators (including current and kVA rating). v. Location of capacitor banks to include size (kVAR rating), phasing, status (open / closed), and capacitor bank controller type if installed. A Location of fuse cut-outs (including rating); status of fuse cut-out (open or closed); and size and type of fuse if identifiable from the ground or data is available from customer. vii. Location of distribution transformers, transformer phasing and transformer kVA rating. b. Produce or update the computer models for the Customer's distribution system. c. Evaluate the adequacy of existing system to meet anticipated demand levels over a five-year horizon, by applying the distribution system planning criteria to: i. Identify overloaded line sections H. Identify excessive system losses iii. Identify excessive voltage drops d. Conduct a study of distribution system improvement needs to meet anticipated demand levels over a five-year horizon, by applying the distribution system planning criteria to: L Optimize the performance of the system by balancing the load among power transformers, feeders and phases (where phase current data is available) H. Evaluate need for reconductoring existing circuits Hi. Evaluate need for constructing new distribution circuits iv. Evaluate substation capacity requirements v. Examine location and status of all air break or disconnect switches A Evaluate system capacitor banks needs for reduction of system losses and correcting system power factor, including leading power factor conditions. Iof41 Page 14 ENGINEERING SERVICES AGREEMENT vii. Provide up to ten (10) additional fault rating values per year from the distribution system as per Customer request. e. Conduct Contingency Analysis in terms of a planned or unplanned outage of a distribution feeder, breaker, or power transformer (where applicable), and by applying the distribution system planning criteria, determine and recommend system improvement projects necessary to improve system reliability. f. Conduct Arc Flash Analysis: L The results of this analysis will assist the Customer in determining its arc flash requirements at selected locations ii. Perform arc flash analysis at the locations selected by the Customer. iii. No more than ten (10) locations may be selected. iv. The arc flash analysis results shall include: 1. Clearance distances 2. Fault current 3. Energy 4. Hazard level and the corresponding voltages to which the qualified person will be exposed. v. Arc flash labeling is the responsibility of the Customer, as specified in NESC 2012-410 A3 but labeling may be provided by LCRA at an added cost. g. Perform the following distribution system protection analysis: L Verify that the maximum interrupting rating for all distribution feeder breakers and downstream reclosers are adequately rated to withstand the maximum available fault current using the latest ERCOT short circuit case. ii. Verify that the continuous rating of all feeder breakers are adequately rated so that the feeder breakers' continuous rating will not be exceeded for any non -fault conditions including contingency analysis. iii. For all distribution feeder breaker relays and downstream reclosers perform the following analysis: ® Verify that the phase and ground overcurrent pickup settings will not be exceeded for any non -fault conditions including contingency analysis and are also set sensitively enough to detect faults at the end of the feeder. ® Verify coordination with upstream (transformer protection) and downstream devices (reclosers, largest / nearest fuse(s), etc.). • determine if the existing settings have performed in a mannerthat the Customer expects (fuse saving vs. a fuse sacrificing scheme, any misoperations, etc.). iv. Evaluate the need for any new downstream reclosers, and if a recloser is warranted provide basic coordination settings and verify coordination with upstream and downstream devices. v. Document substation outages over the last 5 year period. 2of4IPage 15 ENGMERING SERVICES AGREEMENT h. Based upon the findings of items b through f above, develop a list of Recommend Capital Improvement Projects and budgetary project cost estimates. i. Update Maps and Electric System Model as information is provided by field crews and the Customer during the study. Information to be provided by the Customer includes but is not limited to the following: a. Any Customer -specific distribution system planning criteria b. Ten-year load forecast c. Load profile results per feeder via relays or load loggers, if available d. Mapping data that has changed since data collection e. Rate class kWh sales data, if available f. Capacitor bank(s) status during peak electrical loading and load profile, if available g. Capacitor bank controller settings h. Arc flash analysis supporting data a. Distribution transformer nameplate and fuse size/type i. Protective device nameplate information for distribution feeder breaker and downstream reclosers j. Existing relay and controller details: a. Distribution feeder breaker relay settings, manufacturer, and part number b. Downstream recloser controller settings and controller type c. Event files (if available) k. For the largest fuse downstream of each distribution feeder breaker and the largest fuse downstream of each downstream recloser: a. Location of fuse (intersecting streets) b. Fuse type c. Fuse size I. If available, provide any history of outages caused by feeder breaker trips, recloser trips, or lateral tap fuses operating. IL Deliverable This agreement provides for one primary Deliverable by LCRA, which shall be provided to Customer as a bound printed copy and an electronic copy (.pdf file) sent via email. a. An Electric Distribution System Study ("Plan"). The Plan shall include tables, charts, maps, and explanatory text. At a minimum, the following items shall be included with the Plan: i. Existing Circuit Diagram - color coded by circuit ii. Existing Conductor Diagram - color coded by primary conductor HL Five Year Work Plan Diagram - all improvement projects color -coded by recommended year iv. Existing and Proposed Fusing Diagram v. Fault Duty Maps: three-phase and phase to ground with associated table 3of4l Page 16 ENGINEERING SERVICES AGREEMENT F vi. Relay / fuse / recloser coordination curves and summary of proposed changes where applicable b. In additiori to the Plan described in item a, above, LCRA shall conduct an annual review of the load power factor and, where required, provide interim recommendations for meeting the ERCOT load power factor requirement. This power factor review shall be conducted by LCRA once per year during the annual load forecast data collection period. c. This agreement does not include engineering advice on technical problems that may arise during operation, construction, or addition of new electric loads. For this engineering support or support on inspection, maintenance, and construction methods and/or procedures, LCRA and Customer may enter into a separate agreement. d. This agreement does not include project implementation costs. e. This agreement does not include NERC or ERCOT compliance related matters, such as retention of objective evidence. LCRA specifically acknowledges and agrees that the Customer requires the Deliverable information described herein to meet five (5) year demand levels and that the provision of the Deliverable to the Customer is time -sensitive. Accordingly, LCRA agrees that the Deliverable shall be provided to the Customer no laterthan sixty (60) months after execution of this Agreement. Ill. Confidential Work Product Software, data, computer models, maps, graphical products and other products used to produce the Deliverable under this Agreement have been developed by LCRA at considerable expense, and shall be considered competitive, proprietary information belonging to LCRA. Customer has the right to request certain data from LCRA and LCRA has the obligation to provide certain data (or equivalent); however, at LCRA's discretion, certain data, if related to LCRA's products or materials which were used to produce the Deliverables, will be kept as proprietary information belonging to LCRA and not distributed to any Customer. The Deliverable, and all related information described herein, to be provided to the Customer pursuant to the terms of this Agreement, shall be the property of the Customer and the Customer, in its sole discretion, may use, copy or distribute the Deliverable. 4of41 Page 17 The Engineering Services Contract for the defined Scope of Services requested by the Customer is subject to the following terms and conditions: 1. The LCRA shall perform all engineering work defined in the Scope of Services under the supervision of a Texas licensed professional engineer and in accordance with applicable industry standards and the National Electric Safety Code. 2. Changes in Scope of Services may be made only by a written change order signed by representatives of Customer and the LCRA. Verbal change orders shall not be given nor accepted, except in case of an emergency which endangers people or property and such order shall be followed up with a written confirmation as soon as practicable. 3. If material is included in the Scope of Services, all material shall meet or exceed the minimum requirements of the applicable LCRA and RUS material specifications. The LCRA shall not be responsible for malfunctions of the material due to manufacturing defects, system disturbances, lightning, or other abnormal causes. d. THE TOTAL LIABILITY OF LCRA ARISING OUT OF THIS CONTRACT AND THE WORK PERFORMED HEREUNDER WILL NOT EXCEED AN AMOUNT EQUAL TO THE FEES PAID TO LCRA UNDER TIIIS CONTRACT, AND LCRA WILL NOT BE LIABLE FOR INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS. IN NO EVENT SHALL ANY OFFICER, DIRECTOR, EMPLOYEE OR AFFILIATE (OR AFFILIATE'S OFFICER, DIRECTOR OR EMPLOYEE) OF LCRA BE LIABLE TO CUSTOMER UNDER THIS CONTRACT, AND CUSTOMER'S SOLE RECOURSE UNDER THIS CONTRACT SHALL BE AGAINST LCRA AND NOT AGAINST SUCH OTHER PERSONS. THE LIMITATIONS ON LIABILITY AND REMEDIES IN THIS PARAGRAPH WILL APPLY REGARDLESS OF WHETHER THE LIABILITY OR CAUSE OF ACTION ARISES IN CONTRACT, WARRANTY, INDEMNITY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILTY OR OTHERWISE. NOTHING IN THIS CONTRACT SHALL BE CONSTRUED TO WAIVE LCRA'S GOVERNMENTAL IMMUNITY, 5, The LCRA shall invoice the Customer for the actual LCRA costs plus administrative adders in effect at the time of execution of this Contract. Customer by executing this Contract has agreed that the current administrative adders have been examined and accepted by the Customer LCRA may invoice for progress payments for the services completed to date during the course of the work but invoices may be submitted no more frcquently than monthly. The customer shall promptly pay the full invoiced amounts. 6. The term of this Contract shall be the duration of the work. The Contract may be terminated at any time by either party upon written notice to the other party. When the Contract is terminated by either party, the Customer shall pay for services rendered under this Contract up to the date of termination. 7. There are no third party beneficiaries to this Contract and the provisions of this Contract shall not create any legal or equitable right, remedy or claim enforceable by any person, firm, or organization other than the parties and their permitted successors and permitted assigns. Cost Plus -Rev. 03 November 07, 2018 8. This Contract may not be assigned by either Party without the express written consent of the other Party. 9. (a), Labor and Services. LCRA shall perform all services in accordance with applicable and acceptable industry practice and in a good workmanlike manner, suitable for the proposed usage of any equipment installed or services performed and in full accordance with all installation instructions and requirements of the material manufacturer and supplier. Should any of the services of LCRA prove to be inadequate, inaccurate, or unsatisfactory through human error, omission, or otherwise, LCRA shall perform corrective services of the type originally undertaken. Corrective services required prior to acceptance of the work shall be performed by LCRA at LCRA's expense including the repair or replacement of equipment damaged by LCRA's actions. Corrective services required after acceptance of the work shall be performed by LCRA without charge to the Customer, provided the Customer requests corrective services in writing within one (1) year from the acceptance of the work, LCRA shall not be liable for labor costs to correct errors, omissions, or deficiencies after the expiration of one year from acceptance of the work. (b). Manufacturer's Warranties. LCRA shall assign to Customer, as the end -user, any applicable material or supply warranties provided by the LCRA's vendors. All warranty documentation shall be furnished to the Customer before the project is accepted. LCRA will be fully responsible for any error, omission or deficiency in its work which reduces the validity of duration of any manufacturer's warranty. (c). LCRA makes no representation, either express or implied, that the work performed pursuant to this Contract is compliant with the North American Electric Reliability Corporation ("NERC") Reliability Standards revised after the time the Contract was executed, as they may be amended or updated from time -to time. It shall be the sole responsibility of the Customer to assure that any work performed by LCRA will not result in being assessed fines and/or penalties, or being required to perform mitigation, or remediation of a NERC Reliability Standards violation. COMPLIANCE -RELATED ACTIVITIES AND THE RETENTION OF OBJECTIVE EVIDENCE IS THE OBLIGATION OF TIIE CUSTOMER. (d). OTHER THAN THE EXPRESS LIMITED WARRANTIES IN THIS PARAGRAPH 9, THERE ARE NO OTHER WARRANTIES, EXPRESS OR IMPLIED. LCRA DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 10, This Contract together with the Scope of Services and any attached Technical Services Agreement represents and contains the entire agreement and understanding between the LCRA and Customer with respect to the subject matter of this Contract and supersedes any and all prior or contemporaneous oral and/or written agreements and mrderstandings regarding the defined scope of services. No representations, warranty, condition, understanding or agreement of any kind with respect to the subject matter of this Contract shall be relied upon by the LCRA and Customer unless incorporated into this Contract. This Contract may not be amended or modified except in writing and executed both by an authorized representative of the LCRA and by an authorized representative ofthe Customer. 119 BANGER —*TEXAS COUNCIL AGENDA ITEM AGENDA TYPE ® Regular ❑ Special ❑ Consent Reviewed by Finance ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal ❑ Yes ® Not Applicable ® Yes I ❑ Not Applicable COUNCIL MEETING DATE: SUBMITTED BY: December 3, 2018 Neal Welch, Public Works Director City Manager Reviewed/Approval Initials A-cl Date VOIX ACTION REQUESTED: []ORDINANCE ❑ RESOLUTION ® APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ® AWARD OF CONTRACT ❑ CONSENSUS ❑ REAPPOINTMENTS ❑ OTHER EXPLAIN: AGENDA CAPTION Consider, Discuss, and Possibly Act on Approving and Authorizing the Mayor to Execute an Engineering Contract with Dannenbaum Engineering Company Dallas, LLC, for the FM 455 Water and Wastewater Utilities Relocation. FINANCIAL SUMMARY ®NIA ❑GRANT FUNDS ❑OPERATING EXPENSE []REVENUE ❑CIP ❑BUDGETED ❑ NON -BUDGETED PRIOR CURRENT FUTURE FISCAL YEAR: YEAR YEAR YEARS TOTALS Proposed Expenditure Amount Encumbered Amount BALANCE FUND(S) TO BE USED: General ❑$ Utility ❑ $ Special ❑ $ BACKGROUND/SUMMARY OF ITEM Dannenbaum Engineering is the engineer of record for the Hwy FM 455 Widening project. They have provided a proposal to do the utility relocation. Start of design would begin immediately and be completed by mid-2019. Engineering cost will be $230,707.00. The estimated cost for the project is $2,440,071.00. A portion of the utility relocation cost will be reimbursed since the city had utilities underneath a section of the highway when it was once a city street. This Engineering Contract is not subject to competitive bidding since it is a professional service exempt under Section 252.022 of the Local Government Code. STAFF OPTIONS & RECOMMENDATION Staff recommends approval. List of Supporting Documents/Exhibits Attached: Prior Action/Review by Council, Boards, Commissions or • Agreement for Engineering Services Other Agencies: None 19 DEWMASNNENBA-1 M Iffig W1 M Dannenbaum Engineering Company Dallas, LLC AGREEMENT FOR ENGINEERING SERVICES THE STATE OF TEXAS COUNTY OF DENTON THIS AGREEMENT made, entered and executed by and between the City of Sanger, Texas, situated in Denton County, Texas and under the laws of the State of Texas, hereinafter called "OWNER" and Dannenbaum Engineering Company, Dallas LLC, hereinafter called "ENGINEER". WITNESSETH, that OWNER intends to plan, develop and make certain water distribution and wastewater collection system improvements at numerous locations along FM 455 (Chapman Road) to avoid planned widening improvements by TxDOT to the FM 455 Highway, generally described as; FM 455 Water and Wastewater Utilities Relocations These improvements and general'scope of the work include approximately 12,000 LF replacement, relocation and new water distribution and wastewater collection system pipelines of various sizes in the City of Sanger, Texas. The aforementioned improvements shall hereinafter be termed the "Project". WITNESSETH, that this Agreement deals with providing planning, engineering, surveying, geotechnical, environmental and project coordination services with TxDOT necessary to design and assist in constructing certain improvements known as FM 455 Water and Wastewater Utilities Relocations in the City of Sanger, Texas described in EXHIBIT"A", General Scope of Services and summarized asfollows: PHASE 1 — GENERAL SERVICES and GATHER DESIGN DATA: Gather basic design data to begin preparation of final design plans. PHASE 2 — CONCEPTUAL PLANS (30%): Prepare conceptual plans and identify design issues and conflicts for further research. PHASE 3 — PRELIMINARY CONSTRUCTION PLANS (90%) AND EASEMENT PREPARATION: Prepare construction plans (90%), technical specification and bidding front end documents. Prepare draft easements, land rights documents, and TxDOT UIR permits. PHASE 4 — FINAL DESIGN (100%), OPCC AND FINAL WALK THRU: complete final plans after land rights have all been secured and develop final opinion of probable construction cost (OPCC) and final walk through of all project alignments to assure all issues are addressed. 1 PHASE 5 -- ASSIST IN BIDDING AND AWARD OF BID: assist in advertisement and bidding the project, assist in pre -bid conference and bid opening; prepare a bid tabulation of all bids, evaluate bids and prepare a recommendation for award; provide direct oversight assistance in coordination with TxDOT for eligible and non -eligible utility relocations, prepare TxDOT utility exhibits and affidavits and TxDOT reimbursement agreement; and assist the City staff in gaining City Council approval for award of bid. WHEREAS, the OWNER desires that the ENGINEER perform certain professional engineering services as described in Exhibit A in connection with the Project(s); and WHEREAS, the ENGINEER represents that it is qualified and desires to perform such services; NOW, THEREFORE, the OWNER and the ENGINEER, in consideration of the mutual covenants and agreements herein contained, do mutually agree as follows: F_[CUW:tk11Vtl4M The ENGINEER agrees to perform professional engineering services in connection with the Projects) as stated in the sections to follow, and for having rendered such services; the OWNER agrees to pay to the ENGINEER compensation as stated in the sections to follow. SECTION I TIME FOR PERFORMANCE The ENGINEER shall complete the services called for in the General Scope of Services as described in Exhibit "A" of this Agreement in accordance with the following: Phase "1" and "2" - General & 30% Design Plans - Requires 3 to 4 months following Notice to Proceed from Owner. Phase "3" — Should require 3 to 4 months following completion of Phase 2 and notice to Proceed to Phase 3 from Owner. However 90% plans cannot be completed until all land rights have been secured by TxDOT or Owner, Phase "4" — Final Design of Plans and Specs (100% complete) and Final Walk Thru should require 2 to 3 months following Notice to Proceed to Phase 4 from Owner. Phase "5" —Coordination with TxDOT for utility reimbursements, Bidding and Award of Bid —Coordination with TXDOT Will be provided for the entire duration of this contract. Advertisement for bids will occur after receiving Notice to Proceed to advertise from Owner. Award of bid should occur 2 to 3 months after opening bids. The goal is to award bid by March 2020. 2 Note: Schedule subject to change per TxDOT coordination requirements for FM 455 design and unforeseen changes. SECTION II THE ENGINEER'S COMPENSATION For and in consideration of these rvices rendered by the ENGINEER, the OWNER shall pay to the ENGINEER an amount equal to the ENGINEER'S services performed directly on the Project. For and in consideration of the services rendered by the ENGINEER for services identified In General Scope of Services as described in Exhibit "A", Phase 1 through Phase 5, OWNER shall pay the ENGINEER's actual costs In an amount not to exceed $230,707.00. Payment shall be based on the ENGINEER's estimate of the proportion of the total services completed at the time of billing. SECTION Ill TIME OF PAYMENT On or about the last day of each calendar month during the performance of the services to be provided under this Agreement, the ENGINEER, shall submit to the OWNER a statement sworn to bythe ENGINEER, in a form acceptable to the OWNER, setting forth the percentage of the services provided for by this Agreement which were completed during such calendar month and the compensation which is due for the same plus the amounts payable under Section III (Additional Services and Charges) which have not been previously billed or paid. The ENGINEER shall retain its records available for inspection during regular business hours by officials of the OWNER. The OWNER may review the said statements, and approve them with such modifications as may be deemed appropriate, within 30 days of receipt. The OWNER shall pay each such statement as approved within thirty (30) days. SECTION IV TERMINATION The OWNER may terminate this Agreement at any time by notice in writing to the ENGINEER. Upon receipt of such notice, the ENGINEER shall discontinue all services in connection with the performance of this Agreement and shall proceed to promptly cancel all existing orders and contracts insofar as such orders or contracts are chargeable to this Agreement. As soon as practicable after receipt of written notice of termination, ENGINEER shall submit a statement, showing in detail the services performed under this Agreement to the date of termination. Upon agreement by the OWNER and ENGINEER of the detailed statement of services performed under this agreement to date of termination, the OWNER will then pay the ENGINEER that proportion of the charges which the services actually performed under this Agreement bear to the total services called for under this Agreement, less such payments on account or the charges as have been previously made. Copies of all completed or partially completed designs, drawings and specifications prepared under this Agreement shall be delivered to the OWNER when and if this Agreement is terminated. SECTION V ADDRESS OF NOTICE AND COMMUNICATION All notices and communications under this Agreement shall be mailed by certified mail, return receipt requested, or delivered to ENGINEER at the following address: Dannenbaum Engineering Company, Dallas, LLC 3030 LBJ Freeway, STE 910 Dallas, TX, 75234 Tel. 972-239-2002 Attention: Danny Everett, P.E. All notices and communications under this Agreement shall be mailed by certified mail, return receipt requested, or delivered to the OWNER at the following address: City of Sanger P.O. Box 1729 Sanger, Texas 76266 Attention: Neal Welch, Director of Public Works SECTION VI SUCCESSORS AND ASSIGNS The OWNER and the ENGINEER bind themselves and their successors, executors, administrators and assigns to the other party of this Agreement and to the successors, executors, administrators and assigns of such other party, in respect to all covenants of this Agreement. Neither the OWNER nor the ENGINEER shall assign, sublet or transfer its or his interest in this Agreement without the prior written consent of the other. Nothing herein shall be construed, as creating any personal liability on the part of any officer or agent of any public body that may be a party hereto. SECTION VII COMPLIANCE AND STANDARDS The ENGINEER agrees to perform the work hereunder in accordance with generally accepted standards applicable thereto, and shall use that degree of care and skill commensurate with the ENGINEERING profession 4 to comply with all applicable state, federal and local laws, ordinances, rules and regulations relating to the work to be performed hereunder and ENGINEER's performance. SECTION Vill OWNERSHIP OF DOCUMENTS, COPYRIGHT The OWNER shall be the absolute and unqualified OWNER of all drawings, preliminary layouts, record drawings, sketches and other documents prepared pursuant to this Agreement by the ENGINEER with the same force and effect as if the OWNER prepared the same. Copies of all complete or partially completed Mylar reproducible, preliminary layouts, record drawings, sketches and other documents prepared pursuant to this Agreement shall be delivered to OWNER when and if this Agreement is terminated or upon completion of this Agreement, whichever occurs first. The ENGINEER may retain one (1) set of reproducible copies and the same data in electronic file and format and such copies shall be for the ENGINEER's sole use in preparation of studies or reports for OWNER only. The ENGINEER is expressly prohibited from selling, licensing or otherwise marketing or donating such documents, or using such documents in the preparation of other work for any other client, without the prior express written permission of the OWNER. SECTION IX INDEMNIFICATION THE ARCHITECT/ENGINEER SHALL SAVE AND HOLD HARMLESS THE OWNER FROM AND AGAINST ALL CLAIMS AND LIABILITY DUE TO ACTIVITIES OF THE ARCHITECT/ENGINEER, ITS AGENTS OR EMPLOYEES, PERFORMED UNDER THIS CONTRACT AND WHICH RESULT FROM ANY NEGLIGENT ACT, ERROR, OR OMISSION OF THE ARCHITECT/ENGINEER OR OF ANY PERSON EMPLOYED BY THE ARCHITECT/ENGINEER. THE ARCHITECT/ENGINEER SHALL ALSO SAVE HARMLESS THE OWNER FROM AND AGAINST ANY AND ALL EXPENSES, INCLUDING ATTORNEY'S FEES WHICH MIGHT BE INCURRED BY THE OWNER, IN LITIGATION OR OTHERWISE RESISTING SAID CLAIMS OR LIABILITIES WHICH MIGHT BE IMPOSED ON THE OWNER AS THE RESULT OF SUCH ACTIVITIES BY THE ARCHITECT/ENGINEER, ITS AGENTS OR EMPLOYEES, SECTION X MODIFICATIONS This instrument contains the entire Agreement between the parties related to the rights herein granted and obligations herein assumed. Any oral or written representations or modifications concerning this instrument shall be of no force and effect excepting a subsequent modification in writing signed by both parties. SECTION XI FORCE MAJEURE In the event either party is rendered unable, wholly or in part, by force majeure, to carry out any of its obligations underthis Agreement it is agreed that on such party's giving notice and full particulars of such force majeure in writing to the other party as soon as possible after the occurrence of the cause relied upon, then the obligations of the parity giving such notice, to the extent that due diligence is being used to resume performance at the earliest practicable time, shall be suspended during the continuance of any inability so 5 caused as to the extent provided, but for no longer period. Such cause shall as far as possible be remedied with all reasonable dispatch. The tern "force majeure", as used herein, shall include, but not be limited to acts of God, acts of public enemy, war, blockades, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, storms, floods, washouts, tornadoes, hurricanes, arrests and restraints of government and people, explosions, breakage or damage to machinery or equipment and any other inability's of either party, whether similar to those enumerated or otherwise, and not within the control of the party claiming such inability, which by the exercise of due diligence and care such party could not have avoided. SECTION XII ADDITIONAL AUTHORIZED SERVICES In the course of this Agreement, the OWNER may require additional design services umlauted to the specific Project(s) herein described. The ENGINEER hereby agrees to undertake additional services for the OWNER at the basic rates described in The ENGINEER's Compensation (Section II) herein in the following manner. The OWNER will outline a scope of additional services requested. The ENGINEER will review the outline and prepare an estimate of costs and work products to be delivered in response to the request. The OWNER will appropriate funds and issue a work authorization at which time the ENGINEER may proceed. SECTION XIII ENTIRE AGREEMENT Pursuant to the requirements of House Bill 1295, 84th legislative Session, any contract approved by Council is contingent upon the business entity's completion of the required Form 1295, Certificate of Interested Parties. This instrument consists of pages 7 with Exhibits A and B and constitutes the entire Agreement between the OWNER and ENGINEER and supersedes all prior written or oral understandings. IN TESTIMONY OF WHICH, this instrument has been executed by the ENGINEER on this the_day of_. , 2018, and has been executed on behalf of OWNER by its Mayor and countersigned by the City Controller, in four (4) copies, each of which shall be an original, all of equal force and effect, 6 25 ATTEST: CITY OF SANGER BY: By: Full Name Full Title APPROVED AS TO FORM AND LEGALITY By: City Attorney By: Approved Full Name Full Title Dannenbaum Engineering Company, Dallas LLC By: ��" +. , t4zti � Johan Petterson, P.E. Vice President Exhibit A City of Sanger FM 455 Water and Sanitary Sewer Relocation General Scope of Services Project Description: The project consists of approximately 12,000 LF of new water and sewer pipelines, pipeline replacement or relocation at numerous locations along FM 455 where utility conflicts with the proposed TxDOT improvements, These design services are limited the following approximate stationing of FM 455: • New 12" water line crossing connection at Keith Dr. OTOC (120LF) • From Sta. 220+50 to Sta. 261+00 conflict with water under pavement (4,090LF) • New 12" water line crossing at Acker Rd. (1101-F), at Sta. 238+00 (100LF) and at N. gth St. (150LF) • From Sta. 222+50 to Sta. 256+00 conflict with sewer under pavement (3350LF) • New 12" sewer crossing at Railroad track Sta. 262+50 (1001-F) • New 12" water line from station 261+00 to Sta. 279+50, Sable Creek Rd. (1850LF) • New 12" water line crossing at Sta. 266+80 (170LF), Sta. 271+80 (150LF), Sta. 275+00 (120LF) and at Marion Rd. Sta. 305+00 (120LF) • From Sta. 297+50 to Sta. 305+00 conflict with water under pavement (680LF) • New 12" gravity sewer line from Sta. 262+50 (RR tracks) to Sta. 279+00and connect to existing sewer on Sable Creek Rd. (1770LF) • Miscellaneous conflicts behind curb for connection to existing water or sewer General: The term "Engineer" refers to the staff of the Dannenbaum Engineering Corporation (Dannenbaum). The term Project Manager or PM refers to the assigned person responsible for the daily project management and coordination for this project. Phase 1 1.1) Preliminary Conferences and Data Gathering -The Engineer shall attend a preliminary conference with authorized representatives of the City regarding the scope of project so that the plans and specifications which are to be developed -hereunder by the Engineer will result in providing facilities which conform to the City's requirements and budgetary constraints. The Engineer will collect available data regarding the subject project and existing utilities in the area for review during the design, 1.2) Coordination with Outside Agencies/Public Entities -The Engineer shall coordinate with officials of other outside agencies (TxDOT and others) as may be necessary for the design of the water and wastewater relocations and improvements. it shall be the Engineer's duty hereunder to secure necessary information from such outside agencies, 1 27 to meet their requirements. 1.3) Geotechnical Investigations - The Engineer shall coordinate Geotechnical Investigation and advise the City of test boring locations and other subsurface investigations that maybe needed. In the event it is determined necessary to make borings or excavate test holes or pits, the Engineer and its Geotechnical Sub Consultant shall coordinate with the City to prepare specifications for such testing program. The cost of the borings, testing or excavations shall be provided by Geotech sub consultant and paid as a part of this contract by the City. 1.4) Field Survey - The Engineer shall coordinate field survey for the proposed pipelines relocations and new alignments showing the locations of all property lines, assets/ structures, trees, manholes, valves stacks, inlets, driveways, tops of curb and other surface features and markings for underground utilities. Each sewer manhole will be opened and elevation for the flow line be provided. The Surveyor shall determine ownership of land and furnish the necessary drawings, exhibits and legal descriptions/ instruments when acquiring permanent and temporary easements where deemed necessary by the Engineer for this project. Exhibits and descriptions will be presented in a form suitable for direct use by the City in obtaining easements, permits and licensing agreements. All proposed easements materials shall be furnished on the appropriate forms in an electronic file format and with two (2) hard copies each. 1.5) Project Management and Permits — The PM and Engineer shall provide day to day project operation and management for the project completion of design. All direct communication and instruction should be to and through the PM. If the City is unable to obtain a satisfactory response from the PM, then the City shall contact the Principal in Charge for this project. The PM will be responsible for all forms/applications to allow the City to obtain the necessary agreements and/or permits normally required for a project of this size and type. The PM will be responsible for negotiating and coordinating to obtain approval of the agency issuing the agreement and/or permits and will make revisions as necessary to bring the plans into compliance with the requirements of said agency, including but not limited to highways, railroads, water authorities, school districts and other utilities. 1.6) Quality Analysis and Quality Control (QA/QC) Review and Design Changes -- QAQC review will be provided by the Engineer for all Phases of work. All reports, plans, specifications and negotiations shall be QAQC reviewed by the Engineer's Principal or Senior PM. If a design change is necessary, the Engineer shall revise the plans and specifications as required at the Engineer's own cost and expense, unless such changes are required due to scope of work amendments made by the City that changes in the design of the facilities after Phase 2 approval by the City. If such changes are required, the Engineer shall notify the City and an amendment to the contract shall be made if the Engineer incurs additional cost. If there are unavoidable delays, a mutually agreeable and reasonable time extension shall be negotiated, ra 28 1.7) Plan Submittal - Copies of the original plans shall be provided to the City and shall become the property of the City. The City may use such plans in any manner it desires; provided, however that the Engineer shall not be liable for the use of such plans for any project other than the project described herein; and the Engineer firm name and the Engineer PE seal is removed from all plan sheets. The Engineer shall not be liable for the consequences of any changes that are made to the plans or changes that are made in the implementation of the plans without the written approval of the Engineer. 1.8) Meetings- Periodic meetings will be needed to present deliverables, review and explain various design issues and conflicts, utilities SUE coordination, address special interests and other miscellaneous meetings. 1.9) Construction Administration services are not part of this scope of work in this agreement and will be presented to the City of Sanger in a separate agreement when they consider awarding the project for construction. 1.10) Project Duration: The Engineer anticipates the project design, Phases 1 thru 3, will require approximately 3 to 4 months duration to complete. It is often difficult to estimate the duration for securing land rights by TxDOT and by the City and this can become a time consuming task. Thus, the Engineer anticipates that after the land rights documentation and approval of Phase 4 plans and specifications is provided, the Engineer may proceed to the Phase 5. Completion of Phase 5 duration will take approximately 2 to 3 months Phase 2 2.1) Right -of -Way (ROW), Easement and Land Acquisition ]Needs — There may be a need for permanent easements, temporary construction easements (TCE) and access easement forthis project. The Engineershall determine ownership of such land and furnish the City with the necessary drawings, exhibits and legal descriptions/ instruments for acquiring permanent and temporary easements for the construction of this project. Exhibits and descriptions will be presented in a form suitable for direct use by the City in obtaining easements, permits and licensing agreements. All proposed easement materials shall be furnished on the appropriate forms in an electronic file format and with two (2) hard copies each, prior to the completion of Phase 3. It is assumed for this contract that 15 easements will be needed. However, the City will make the final determination for the number of easements for this project. 2.2) Utility Coordination - The Engineer shall coordinate with all utilities, including utilities owned by the City, as to any proposed utility lines or adjustment to existing utility lines within the project limits. The information obtained shall be shown on the conceptual plans. The Engineer shall provide Subsurface Utility Evaluation (SUE) Level B and show 3 the SUE findings on the Phase 1 and Phase 2 plans. The locations of all underground utilities and information provided by the utility companies on any adjustments and/or relocations of existing lines within the project limits, is very important. The Engineer shall also evaluate the need for phasing of any replacements or repairs of existing water and wastewater pipelines, street and drainage work, and shall submit such evaluation in writing to the City as a part of this phase of the project. 2.3) Conceptual Plans (30%) - The Engineer shall furnish one (1) full size and three (3) copies of the half scale plans for the Phase 1 Preliminary Alignment Plans which includes the proposed pipeline alignment, utility conflicts, and discussion of problem areas, possible right-of-way needs and opinion of probable construction costs for the Engineer's recommended plan. An electronic copy will also be provided of the plans. This task also includes two meetings with the City staff, sub consultants and other interested parties. The Engineer shall receive written approval of the Conceptual Plans (30%) from the City before proceeding with Phase 3. Phase 3 3.1) Design Field Survey - The Engineer shall provide necessary added field survey for adding the SUE information to use in the preparation of the Plans and Specifications. The Engineer shall furnish the City with certified copies of the field data. 3.2) Design Data - The Engineer shall provide design data, update the engineering design report, cross -sections, profiles, geotechnical data and opinion of probable construction cost. The Engineer shall meet with City staff to review findings and draft alignment. 3.3) Special Structures Design Task- in the event of unforeseen conditions such as storm sewer junction box, excess groundwater, poor soil condition, conflicting utility or other related conflicts that would impact the pipelines design and constructability, the Engineer will provide additional design support that will address the design issue(s) to the project under a Special Structures Design task. This line item task will only be used with prior authorization by the City, on a case by case basis. 3.4) Preliminary Construction Plans (90%) and Technical Specifications - The Engineer shall submit one full size plan and three (3) copies of half scale plans far the Phase 3 Preliminary Construction Plans (90%) and 1 hard copy of the preliminary technical specifications and an Opinion of Probable Construction Cost (OPCC) for review by the City. An electronic copy will also be provided of plans and specifications. These preliminary construction plans shall indicate location of existing/proposed pipeline alignments, proposed improvements and both permanent and temporary construction easements. The Engineer shall receive written approval of the Phase 3 plans from the City before proceeding with Phase 4. 4 Easement Instruments- If needed, two hard copies and an electronic file of the draft easement instruments will be provided to the City for legal review and processing and acquisition by City. 3.4.1) Preliminary Traffic Control Plan (TCP) - The Engineer will provide preliminary concept for traffic control along the project alignment. This TCP will be helpful for the City in coordinating and acquiring easement acquisitions and for negotiating with TxDOTforthe UIR permit for crossing IH 35. TxDOT Utility Installation Review (UIR) Permit- an internet based utility permit for receiving, reviewing and approving utility permit crossings of IH 35 and FM 455 will be researched and drafted by the Engineer for the City processing with TxDOT. Phase 4 4.1) Final Design Plans and Specs (100%) —Upon receipt or written notification by the City that all land rights easements have been secured and cleared for advertisement of bid, the Engineer shall furnish two (2) full size and three (3) copies of the final construction plans (100%) and one hard copy of the complete contract specifications for review by the City. An electronic copy will also be provided of plans and specifications. 4.2) Detailed Opinion of Probable Construction Cost (OPCC) - The Engineer shall furnish one copy of detailed OPCC for the authorized construction project, which shall include summaries of bid items and quantities. 4.3) Traffic control plans (TCP) and Construction Phasing- Plans will be provided to indicate alternate traffic routes around the construction work zone and to indicate construction phases that will accommodate the alternate traffic routes. The TCP and Construction Phasing details will be approved by the City with the approval of plans and specifications, prior to bidding the project. 4.4) Final Walk-thru & Approval - The Engineer shall furnish an original full size cover sheet forthe signatures of authorized City officials. The Contract Documents shall comply with applicable local, state, and federal laws and with applicable rules and regulations promulgated by local, state and national boards, bureaus and agencies. The PM and Engineer shall walk the entire alignment with City staff to review the final alignment and related impacts to the City during construction. The Engineer shall receive written approval of the Phase 4 plans and approval of all land rights documentation for easements from the City before proceeding with Phase 5. Phase 5 5.1) Final Approved Plans and Specifications - The Engineer shall furnish an electronic file of the signed final plans and specifications, plus three (3) half size plans and two (2) full sized 5 plans of the final approved construction plans and two (2) full sets of contract specifications, The approved plans and contract specifications shall be used as authorized by the City for use in obtaining bids, awarding contracts, and constructing the project. 5.2) Bidding Assistance - The Engineer shall respond to bidders Requests for Information (RFIs), issue addenda as appropriate to interpret, clarify, or expand the bidding documents, and assist the owner in determining the qualifications and acceptability of prospective constructors, subcontractors, and suppliers. When substitution prior to the award of contracts is allowed by the bidding documents, the Engineer will advise the City as to the acceptability of alternate materials and equipment proposed by the prospective constructors. 5.3) Prebid Conference -The Engineer shall facilitate one prebid conference and the bid opening. The Engineer will then prepare bid tabulation sheets, and provide assistance to the owner in evaluating bids or alternate proposals and in assembling and awarding contracts for construction, materials, equipment, and services. 5.4) Recommendation of Award -The Engineer shall assist the City in evaluating all bids and shall make a recommendation of award to the City. The PM will attend the City Council Meeting and Workshop to assist City Staff in the presentation of the consideration item forthe award of bid to City Council. 5.5) TxDOT Utility Coordination -Coordination with TxDOT Dallas District Utility Supervisor 5.6) Identify Eligible / Non -Eligible Utilities Relocations- Engineer will identify all utilities located by the SUE and determine their eligibility or non -eligibility for reimbursement from the State. 5.7) TOOT Utility Exhibits -Engineer will prepare utility exhibits noting each utility in the corridor identified by SUE. These exhibits will be used in the preparation of the eligibility ration for reimbursement by the State. These exhibits will be part of the Utility Reimbursement Agreement submitted to the State. 5.8) TxDOT Affidavits -Engineer will coordinate with the City of Sanger for the preparation of TxDOT affidavits required for the Utility Reimbursement Agreement. 5.9) TxDOT/ City of Sanger Coordination- Engineer will coordinate and facilitate meetings with the City of Sanger and TOOT required for the completion of the Utility Reimbursement Agreement. 5.9.1) TxDOT Reimbursement Agreement- Engineer will prepare the Utility Reimbursement Agreement on behalf of the City of Sanger noting which utilities are eligible for reimbursement and what the percentage at which utilities will be reimbursed. 11 Exhibit A City of Sanger FM 455 Water and Sanitary Sewer Relocation General Scope of Services Project Description: The project consists of approximately 12,000 Lf of new water and sewer pipelines, pipeline replacement or relocation at numerous locations along FM 455 where utility conflicts with the proposed TxDOT Improvements. These design services are limited the following approximate stationing of FM 455: • New 12" water line crossing connection at Keith Dr. OTOC (120LF) • from Sta. 220+50 to Sta. 261+00 conflict with water under pavement (4,090LF) • New 12" water line crossing at Acker Rd. (110LF), at Sta. 238+00 (1001.17) and at N. 81h St. (150LF) • From Sta. 222+50 to Sta. 256+00 conflict with sewer under pavement (3350LF) • New 12" sewer crossing at Railroad track Sta. 262+50 (100LF) • New 12" water line from station 261+00 to Sta. 279+50, Sable Creek Rd. (18500) • New 12" water line crossing at Sta. 266+80 (1700) , Sta. 271+80 (1501-17), Sta. 275+00 (120LF) and at Marion Rd. Sta. 305+00 (120LF) • From Sta. 297+50 to Sta. 305+00 conflict with water under pavement (680LF) • New 12" gravity sewer line from Sta. 262+50 (RR tracks) to Sta. 279+00and connect to existing sewer on Sable Creek Rd. (1770LF) • Miscellaneous conflicts behind curb for connection to existing water or sewer General: The term "Engineer" refers to the staff of the Dannenbaum Engineering Corporation (Dannenbaum). The term Project Manager or PM refers to the assigned person responsible for the daily project management and coordination for this project. Phase 1 1.1) Preliminary Conferences and Data Gathering -The Engineer shall attend a preliminary conference with authorized representatives of the City regarding the scope of project so that the plans and specifications which are to be developed hereunder by the Engineer will result in providing facilities which conform to the City's requirements and budgetary constraints. The Engineer will collect available data regarding the subject project and existing utilities In the area for review during the design. 1.2) Coordination with Outside Agencies/Public Entities -The Engineer shall coordinate with officials of other outside agencies (TxDOT and others) as may be necessary for the design PAGE 1 OF 6 33 of the water and wastewater relocations and improvements. It shall be the Engineer's duty hereunder to secure necessary information from such outside agencies, to meet their requirements. 1.3) Geotechnical investigations - The Engineer shall coordinate Geotechnical Investigation and advise the City of test boring locations and other subsurface investigations that may be needed. In the event it is determined necessary to make borings or excavate test holes or pits, the Engineer and its Geotechnical Sub Consultant shall coordinate with the City to prepare specifications for such testing program. The cost of the borings, testing or excavations shall be provided by Geotech sub consultant and paid as a part of this contract by the City. 1.4) Field Survey - The Engineer shall coordinate field survey for the proposed pipelines relocations and new alignments showing the locations of all property lines, assets/ structures, trees, manholes, valves stacks, inlets, driveways, tops of curb , other surface features and markings for underground utilities. Each sewer manhole will be opened and elevation for the flow line be provided. The Surveyor shall determine ownership of land and furnish the necessary drawings, exhibits and legal descriptions/ Instruments when acquiring permanent and temporary easements where deemed necessary by the Engineer for this project. Exhibits and descriptions will be presented in a form suitable for direct use by the City In obtaining easements, permits and licensing agreements. All proposed easements materials shall be furnished on the appropriate forms in an electronic file format and with two (2) hard copies each. 1.5) Project Management and Permits —The PM and Engineer shall provide day to day project operation and management for the project completion of design, All direct communication and instruction should be to and through the PM. If the City is unable to obtain a satisfactory response from the PM, then the City shall contact the Principal In Charge for this project. The PM will be responsible for all forms/applications to allow the City to obtain the necessary agreements and/or permits normally required for a project of this size and type. The PM will be responsible for negotiating and coordinating to obtain approval of the agency issuing the agreement and/or permits and will make revisions as necessary to bring the plans into compliance with the requirements of said agency, including but not limited to highways, railroads, water authorities, school districts and other utilities. 1.6) Quality Analysis and Quality Control (ClA/QC) Review and Design Changes — QAQC review will be provided by the Engineer for all Phases of work. All reports, plans, specifications and negotiations shall be QAQC reviewed by the Engineer's Principal or Senior PM. If a design change Is necessary, the Engineer shall revise the plans and specifications as required at the Engineer's own cost and expense, unless such changes are required due to scope of work amendments made by the City that changes in the design of the facilities after Phase 2 approval by the City. if such changes are required, the Engineer shall notify the City and an amendment to the contract shall be made if the Engineer incurs additional PAGE 2OF6 34 cost. if there are unavoidable delays, a mutually agreeable and reasonable time extension shall be negotiated, 1.7) Plan Submittal - Copies of the original plans shall be provided to the City and shall become the property of the City. The City may use such plans in any manner it desires; provided, however that the Engineer shall not be liable for the use of such plans for any project other than the project described herein; and the Engineer firm name and the Engineer PE seal is removed from all plan sheets. The Engineer shall not be liable for the consequences of any changes that are made to the plans or changes that are made in the implementation of the plans without the written approval of the Engineer. 1.8) Meetings- Periodic meetings will be needed to present deliverables, review and explain various design Issues and conflicts, utilities SUE coordination, address special interests and other miscellaneous meetings. 1.9) Construction Administration services are not part of this scope of work in this agreement and will be presented to the City of Sanger in a separate agreement when they consider awarding the project for construction, 1.10) Project Duration: The Engineer anticipates the project design, Phases 1 thru 3, will require approximately 3 to 4 months duration to complete. It is often difficult to estimate the duration for securing land rights by TxDOT and by the City and this can become a time consuming task. Thus, the Engineer anticipates that after the land rights documentation and approval of Phase 4 plans and specifications is provided, the Engineer may proceed to the Phase 5. Completion of Phase 5 duration will tale approximately 2 to 3 months Phase 2 2.1) Right -of -Way (ROW), Easement and Land Acquisition Needs — There may be a need for permanent easements, temporary construction easements (TCE) and access easement for this project. The Engineer shall determine ownership of such land and furnish the City with the necessary drawings, exhibits and legal descriptions/ Instruments for acquiring permanent and temporary easements for the construction of this project. Exhibits and descriptions will be presented in a form suitable for direct use by the City in obtaining easements, permits and licensing agreements. All proposed easement materials shall be furnished on the appropriate forms in an electronic file format and with two (2) hard copies each, prior to the completion of Phase 3. It is assumed for this contract that 15 easements will be needed. However, the City will make the final determination for the number of easements for this project. 2.2) Utility Coordination - The Engineer shall coordinate with all utilities, including utilities owned by the City, as to any proposed utility lines or adjustment to existing utility lines within the project limits. The Information obtained shall be shown on the conceptual PAGE 3OF6 35 plans. The Engineer shall provide Subsurface Utility Evaluation (SUE) Level B and show the SUE findings on the Phase 1 and Phase 2 plans. The locations of all underground utilities and information provided by the utility companies on any adjustments and/or relocations of existing lines within the project limits, is very important. The Engineer shall also evaluate the need for phasing of any replacements or repairs of existing water and wastewater pipelines, street and drainage work, and shall submit such evaluation in writing to the City as a part of this phase of the project. 2.3) Conceptual Plans (30%) - The Engineer shall furnish one (1) full size and three (3) copies of the half scale plans for the Phase 1 Preliminary Alignment Plans which includes the proposed pipeline alignment, utility conflicts, and discussion of problem areas, possible right-of-way needs and opinion of probable construction costs for the Engineer's recommended plan. An electronic copy will also be provided of the plans. This task also includes two meetings with the City staff, sub consultants and other interested parties. The Engineer shall receive written approval of the Conceptual Plans (30%) from the City before proceeding with Phase 3. Phase 3 3.1) Design Field Survey - The Engineer shall provide necessary added field survey for adding the SUE information to use in the preparation of the Plans and Specifications. The Engineer shall furnish the City with certified copies of the field data. 3.2) Design Data - The Engineer shall provide design data, update the engineering design report, cross -sections, profiles, geotechnical data and opinion of probable construction cost. The Engineer shall meet with City staff to review findings and draft alignment. 3.3) Special Structures Design Task- In the event of unforeseen conditions such as storm sewer junction box, excess groundwater, poor soil condition, conflicting utility or other related conflicts that would impact the pipelines design and constructability, the Engineer will provide additional design support that will address the design issue(s) to the project under a Special Structures Design task. This line item task will only be used with prior authorization by the City, on a case by case basis. 3.4) Preliminary Construction Plans (90%) and Technical Specifications - The Engineer shall submit one full size plan and three (3) copies of half scale plans for the Phase 3 Preliminary Construction Plans (90%) and 1 hard copy of the preliminary technical specifications and an Opinion of Probable Construction Cost (OPCC) for review by the City. An electronic copy will also be provided of plans and specifications. These preliminary construction plans shall indicate location of existing/proposed pipeline alignments, proposed improvements and both permanent and temporary construction easements. The Engineer shall receive written approval of the Phase 3 plans from the City before proceeding with Phase 4. PAGE 4OF6 36 3.4.1) Easement Instruments- If needed, two hard copies and an electronic file of the draft easement instruments will be provided to the City for legal review and processing and acquisition by City. 3.4.2) Preliminary Traffic Control Plan (TCP) -The Engineer will provide preliminary concept for traffic control along the project alignment. This TCP will be helpful for the City in coordinating and acquiring easement acquisitions and for negotiating with TxDOT for the UIR permit for crossing IH 35. 3.4.3) TxDOT Utility Installation Review (UIR) Permit- an internet based utility permit for receiving, reviewing and approving utility permit crossings of IH 35 and FM 455 will be researched and drafted by the Engineer for the City processing with TxDOT. Phase 4 4.1) Final Design Plans and Specs (100%) --Upon receipt or written notification by the City that all land rights easements have been secured and cleared for advertisement of bid, the Engineer shall furnish two (2) full size and three (3) coples of the final construction plans (100%) and one hard copy of the complete contract specifications for review by the City. An electronic copy will also be provided of plans and specifications. 4.2) Detailed Opinion of Probable Construction Cost (OPCC) - The Engineer shall furnish one copy of detailed OPCC for the authorized construction project, which shall include summaries of bid items and quantities. 4.3) Traffic control plans (TCP) and Construction Phasing- Plans will be provided to indicate alternate traffic routes around the construction work zone and to indicate construction phases that will accommodate the alternate traffic routes. The TCP and Construction Phasing details will be approved by the City with the approval of plans and specifications, prior to bidding the project. 4.4) Final Walk-thru & Approval - The Engineer shall furnish an original full size cover sheet for the signatures of authorized City officials. The Contract Documents shall comply with applicable local, state, and federal laws and with applicable rules and regulations promulgated by local, state and national boards, bureaus and agencies. The PM and Engineer shall walk the entire alignment with City staff to review the final alignment and related impacts to the City during construction. The Engineer shall receive written approval of the Phase 4 plans and approval of all land rights documentation for easements from the City before proceeding with Phase 5. Phase 5 5.1) Final Approved Plans and Specifications - The Engineer shall furnish an electronic file of the signed final plans and specifications, plus three (3) half size plans and two (2) full PAGE 5 Of 6 37 sized plans of the final approved construction plans and two (2) full sets of contract specifications. The approved plans and contract specifications shall be used as authorized by the City for use in obtaining bids, awarding contracts, and constructing the project. 5.2) Bidding Assistance - The Engineer shall respond to bidders Requests For Information (RFIs), issue addenda as appropriate to interpret, clarify, or expand the bidding documents, and assist the owner in determining the qualifications and acceptability of prospective constructors, subcontractors, and suppliers. When substitution prior to the award of contracts is allowed by the bidding documents, the Engineer will advise the City as to the acceptability of alternate materials and equipment proposed by the prospective constructors. 5.3) Prebid Conference - The Engineer shall facilitate one prebid conference and the bid opening. The Engineer will then prepare bid tabulation sheets, and provide assistance to the owner in evaluating bids or alternate proposals and in assembling and awarding contracts for construction, materials, equipment, and services. 5.4) Recommendation of Award - The Engineer shall assist the City in evaluating all bids and shall make a recommendation of award to the City. The PM will attend the City Council Meeting and Workshop to assist City Staff in the presentation of the consideration item for the award of bid to City Council. 5.5) TxDOT Utility Coordination -Coordination with TxDOT Dallas District Utility Supervisor 5.6) identify Eligible / Non -Eligible Utilities Relocations- Engineer will identify all utilities located by the SUE and determine their eligibility or non -eligibility for reimbursement from the State. 5.7) TxDOT Utility Exhibits -Engineer will prepare utility exhibits noting each utility in the corridor identified by SUE. These exhibits will be used in the preparation of the eligibility ration for reimbursement by the State. These exhibits will be part of the Utility Reimbursement Agreement submitted to the State. 5.8) TOOT Affidavits -Engineer will coordinate with the City of Sanger for the preparation of TxDOT affidavits required for the Utility Reimbursement Agreement. 5.9) TxDOT/ City of Sanger Coordination- Engineer will coordinate and facilitate meetings with the City of Sanger and TOOT required for the completion of the Utility Reimbursement Agreement, 5.9.1) TOOT Reimbursement Agreement- Engineer will prepare the Utility Reimbursement Agreement on behalf of the City of Sanger noting which utilities are eligible for reimbursement and what the percentage at which utilities will be reimbursed. PAGE 6 OF 6 0 m 4- 72 .0 x w u 39 BANGER *TEXAS COUNCIL AGENDA ITEM AGENDA TYPE:® Regular[:] Special❑ Consent Reviewed by Finance ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal ❑ Yes M Not Applicable ® Yes ❑ Not Applicable COUNCIL MEETING DATE: SUBMITTED BY: December 3, 2018 Alina Ciocan, City Manager City Manager Reviewed/Approval Initials Date j1 �0 14 ACTION REQUESTED: ❑ORDINANCE ® RESOLUTION ® APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ REAPPOINTMENTS AGENDA CAPTION Consider, Discuss and Act on Resolution # 12-01 - 18 -- Approving an Amendment to the Terms and Conditions of an Agreement by and between the City of Sanger and Sanger Lodging LLC Attached as Exhibit "A"; Providing for a Repealing Clause; Providing for a Severability Clause; and Providing an Effective Date. FINANCIAL SUMMARY ®NIA ❑GRANT FUNDS ❑OPERATING EXPENSE []REVENUE ❑CI P ❑BUDGETED ❑ NON -BUDGETED PRIOR CURRENT FUTURE FISCAL YEAR: YEAR YEAR YEARS TOTALS Proposed Expenditure Amount Encumbered Amount BALANCE FUND(S) TO BE USED: General ❑$ Utility ❑ $ Special ❑ $ BACKGROUND/SUMMARY OF ITEM On January 2, 2018, the City of Sanger approved an incentive agreement with Sanger Lodging, LLC to build a 77-room Holiday Inn Express hotel. Due to unforeseen circumstances related to the architectural and civil plans, the developer is reLuesting to amend some of the terms of the agreement as presented in the attached exhibit. STAFF OPTIONS & RECOMMENDATION Staff recommends approval. List of Supporting Documents/Exhibits Attached: Prior Action/Review by Council, Boards, Commissions or • Resolution #12-01-18 Other Agencies: N/A • Exhibit A - First Amendment iO Tax Agreement Amendment To Whom It May Concern: Sanger Lodging LLC is respectfully asking to amend some of the terms that are stated in the agreement we have with the City of Sanger. The first one we would like to have amended is the date to have the permits acquired by which was originally June 1, 2018. We had submitted plans on May 9, 2018 that was later then we would of liked due to IHG wanting to change a few things on the plans. We would like the date to be changed to November 1, 2018, although we have received our permits from the city as of October 22, 2018. We have commenced the work on the site. The second amendment we would like to ask for is the extension on when the project should be completed. Right now we have until June 1, 2020 to receive a certificate of occupancy from the City of Sanger. We would like to extend it back for six more months, which would put it at December 1, 2020. This will give up ample amount of time the complete this project. That being said effective date will also have to be changed since the dates are being pushed back. The reasons for having dates pushed back is because of the changes we had to do with IHG, which made us submit plans to the city a but later. Also we had complications figuring out the civil engineering side of the site. It was complicated on how we could retain the water and how we could release it to the street at the right flows. It took us little more then two months once the architectuals were approved to have civil plans approved by engineer city had hired. We went back and forth to make sure it was the best possible solution we could come up with because the City of Sanger does not have underground storm water system. With that all said and done we are very excited to have the project on the road and cannot wait for it to be completed. We look forward to helping and working with the citizens and officials of the City of Sanger. Also, we would greatly appreciate if these few things can be amended. Thank you. Sincerely, Sanger Lodging LLC 41 RESOLUTION NO. 12-01-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANGER APPROVING AN AMENDMENT TO THE TERMS AND CONDITIONS OF AN AGREEMENT BY AND BETWEEN THE CITY OF SANGER AND SANGER LODGING, LLC, ATTACHED AS EXHIBIT "A"; PROVIDING FOR A REPEALING CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City entered an agreement with Sanger Lodging, LLC on or about January 5, 2018, styled the "Hotel Occupancy Tax Grant and Economic Development Incentive Agreement" (the "Agreement"); and WHEREAS, due to unforeseen circumstances, the parties believe it is necessary to amend the Agreement; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANGER: SECTION 1. That the City Council hereby approves the terms and conditions of the First Amendment to the Agreement attached hereto as Exhibit "A" and finds that they are in the best interest of the City of Sanger and its citizens. SECTION 2. That the Mayor is authorized to execute the First Amendment to the Agreement on behalf of the City. SECTION 3. That all resolutions of the City heretofore adopted in conflict with the provisions of this Resolution are hereby repealed. SECTION 4. That if any article, paragraph, subdivision, clause or provision of this Resolution be adjudged invalid or held unconstitutional for any reason, such judgement or holding shall not affect the validity of this Resolution or any part or provision thereof other than the part so declared to be invalid or unconstitutional. SECTION 5. That this Resolution shall take effect immediately from and after its passage, and it is accordingly resolved and approved by the City Council as required by law. DULY PASSED by the City Council of the City of Sanger, Texas, on the day of December 2018. APPROVED: Thomas Muir, Mayor TM 104573 42 ATTEST: Cheryl Price, City Secretary APPROVED AS TO FORM: Robert L. Dillard 111, City Attorney (rld/11/27/20M) TM 1©4573 43 Exhibit "A" FIRST AMENDMENT TO HOTEL OCCUPANCY TAX GRANT AND ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT This Hotel Occupancy Tax Grant and Economic Development Incentive Agreement ("Agreement") between the City of Sanger, Texas (the "City"), and Sanger Lodging, LLC, a Texas limited partnership ("Company"), on or about January S, 2018, requires amendment in pant as follows: NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein, and other good and valuable consideration, the receipt and sufficient of which are hereby acknowledged, the City and Company, intending to be legally bound, hereby covenant and agree to amend the Agreement in part as follows: Section 1. That Section 3.1 of the Agreement is amended to read: "Article III Obligations of Company In consideration for the grant of public funds as set forth in Article IV and Article V below, the Company agrees to perform the following: 3.1 Occupancy and Operation. Company shall, during the Term of this Agreement, construct, occupy, operate and have open to the public one (1) hotel that consists of the following: (1) The hotel shall have a minimum of 77 guest rooms. The brand will be Holiday Inn Express ("Hotel"). (2) A building permit must be applied for and issued, and construction of the Hotel must commence on or before November 1, 2018. The Hotel must have been issued a Certificate of Occupancy by the City within twenty-six (26) months after a building permit is issued. Failure to meet these deadlines will terminate this Agreement." Section 2. This Agreement may be executed in counterparts. Each of the counterparts shall be deemed an original instrument, but all the counterparts shall constitute one and the same instrument. Section 3. Except as amended by this First Amendment, the terms, conditions and provisions of the Agreement shall remain in full force and effect. Section 4. The persons who execute this First Amendment to the Agreement represent and agree that they are authorized to sign and bind their respective parties to all the terms and conditions contained herein. [SIGNATURES ON FOLLOWING PAGE] 104575 I. EXECUTED the day of , ATTEST: CITY OF SANGER, TEXAS Cheryl Price, City Secretary Thomas E. Muir, Mayor APPROVED AS TO FORM: Robert L. Dillard III, City Attorney COMPANY: Sanger Lodging LLC By:_ Name: Title: STATE OF TEXAS COUNTY OF DENTON BEFORE ME, the undersigned authority, on this day personally appeared of , known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and considerations therein expressed, in the capacity therein stated and as the act and deed of said limited liability company. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of SEAL Notary Public State of Texas 104575 45 BANGER 7k T E XA S COUNCIL AGENDA ITEM AGENDA TYPE M Regular ❑ Special ❑ Consent Reviewed by Finance ❑ Yes ® Not Applicable ❑ Workshop ❑ Executive ® Public Hearing Reviewed by Legal Ll Yes M Not Applicable Council Meeting Date: Submitted By: December 3, 2018 Muzaib Riaz, Planner, Development Services City Manager Reviewed/Approval Initials Date it 3 ACTION REQUESTED; ❑ ORDINANCE ❑ RESOLUTION # ❑ APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ®OTHER Public Hearing AGENDA CAPTION Conduct a Public Hearing regarding a Zoning Change From A Agricultural District to B-2 Business District-2 for 0.258 Acres of the 57.74 Acres Tract of Land, Described as A1241 TIERWESTER TR 57 (PT) OLD DCAD SHT 5, TR 6 and Generally Located Approximately 185 Feet East of Sanger West Blvd and Approximately 45 Feet North East of Acker Street. FINANCIAL SUMMARY ®N/A ❑GRANTFUNDS ❑OPERATING EXPENSE ❑REVENUE ❑CIP ❑BUDGETED ❑NON -BUDGETED BACKGROUND/SUMMARY OF ITEM The applicant is proposing a zoning change from A Agricultural to B-2 Business District-2 for 0.258 acres of property, being a part of 57.74 acres of tract of land. The purpose of this rezoning is to allow development of site with additional parking for O'Reilly Auto Parts located immediately east of the subject property. The proposed additional parking will compensate for the parking spaces lost due to FM 455 expansion. The subject property is not platted at this time. The applicant is planning to submit a plat application for the subject property on the next project application submittal date. STAFF OPTIONS & RECOMMENDATION See Staff Report. List of Supporting Documents/Exhibits Attached: Prior Action/Review by Council, Boards, Commissions or Other Agencies: The Planning & Zoning Commission conducted a public hearing on November 6, 2018 and recommended approval (6-0) of the proposed rezoning. e BANGER *TEXAS COUNCIL AGENDA ITEM AGENDA TYPE ® Regular ❑ Special ❑ Consent Reviewed by Finance ❑ Yes ® Not Applicable ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed byLegaI Ll Yes X Not Applicable Council Meeting Date: Submitted By: December 3, 2018 Muzaib Riaz, Planner, Development Services City Manager Reviewed/Approval Initials kc, Date ACTION REQUESTED: ® ORDINANCE 12-31-18 ❑ RESOLUTION # ® APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS [:]OTHER AGENDA CAPTION Consider, Discuss and Act on Ordinance # 12-31-18 Regarding a Zoning Change From A Agricultural District to B-2 Business District-2 for 0,258 Acres of the 57.74 Acres Tract of Land, Described as A1241 TIERWESTER TR 57 (PT) OLD DCAD SHT 5, TR 6 and Generally Located Approximately 185 Feet East of Sanger West Blvd and Approximately 45 Feet North East of Acker Street; Providing for a Severability Clause; Providing for a Penalty of Fine in Accordance with Section 1.109 of the Code of Ordinances for Violations; and Providing for an Effective Date. FINANCIAL SUMMARY ®NIA ❑GRANT FUNDS ❑OPERATING EXPENSE [:]REVENUE ❑CIP ❑BUDGETED ❑NON -BUDGETED BACKGROUND/SUMMARY OF ITEM The applicant is proposing a zoning change from A Agricultural to B-2 Business District-2 for 0.258 acres of property, being a part of 57.74 acres of tract of land. The purpose of this rezoning is to allow development of site with additional parking for O'Reilly Auto Parts located immediately east of the subject property. The proposed additional parking will compensate for the parking spaces lost due to FM 455 expansion. The subject property is not platted at this time. The applicant is planning to submit a plat application for the subject property on the next project application submittal date. STAFF OPTIONS & RECOMMENDATION See Staff Report List of Supporting Documents/Exhibits Attached: Prior Action/Review by Council, Boards, Commissions or Other Agencies: • Staff Report • Location Map The Planning & Zoning Commission conducted a public • Application hearing on November 6, 2018 and recommended approval • Letter of Intent (6-0) of the proposed rezoning. • Draft Ordinance # 12-31-18 • Exhibit A: 0.258 Acre Property Description • Exhibit B: Zoning Exhibit • Site Plan 47 CITY COUNCIL SANGER STAFF REPORT *TEXAS Meeting Date: Case #: December 3, 2018 18SANZON-0061 Case Coordinator: Muzaib Riaz, Planner, Development Services Request: Conduct a Public Hearing and Consider, Discuss and Act on Ordinance # 12-31-18 Regarding a Zoning Change From A Agricultural District to B-2 Business District-2 for 0,258 Acres of the 57,74 Acres Tract of Land, Described as A1241 TIERWESTER TR 57 (PT) OLD DCAD SHT 5, TR 6 and Generally Located Approximately 185 Feet East of Sanger West Blvd and Approximately 45 Feet North East of Acker Street; Providing for a Severability Clause; Providing for a Penalty of Fine in Accordance with Section 1.109 of the Code of Ordinances for Violations; and Providing for an Effective Date. Applicant: Paul Engel, PE; O'Reilly Auto Enterprise, LLC. Case Overview The applicant is proposing a zoning change from A Agricultural to B-2 Business District-2 for 0.258 acres of property, being a part of 57.74 acres of tract of land. The purpose of this rezoning is to allow development of site with additional parking for O'Reilly Auto Parts located immediately east of the subject property. The proposed additional parking will compensate for the parking spaces lost due to FM 455 expansion. The subject property is not platted at this time. The applicant is planning to submit a plat application for the subject property on the next project application submittal date to create a separate lot for the property being rezoned. Surrounding Land Uses Direction Land Use Zoning North Pasture Agricultural (A) East Commercial Business District 2 (B-2) South Residential Agricultural (A) West Pasture Agricultural (A) M Elements to Consider In making its recommendation to the City Council concerning a proposed zoning map amendment, the Planning and Zoning Commission considered the following factors: I . Whether the uses permitted by the proposed change will be appropriate in the immediate area concerned and their relationship to the general area and the City as a whole. 2. Whether the proposed change is in accord with any existing or proposed plans for providing public schools, streets, water supply, sanitary sewers and other utilities to the area and shall note the findings. The amount of vacant land currently classified for similar development in the vicinity and elsewhere in the City, and any special circumstances which may make a substantial part of such vacant land unsuitable for development. 4. The recent rate at which land is being developed in the same zoning classification as the request, particularly in the vicinity of the proposed change. 5. The manner in which other areas designated for similar development will be, or are likely to be, affected if the proposed amendment is approved, and whether such designation for other areas should also be modified. 6. Any other factors which will substantially affect the public health, safety, morals or general welfare. Staff Analysis The proposed rezoning is in conformance with the Comprehensive Land Use Plan and the Future Land Use Map. The existing Future Land Use Map (FLUM) designates the subject properties as Commercial. According to the Comprehensive Land Use Plan, Commercial uses are to be situated along major and minor corridors and along specific intersections in order to limit traffic from entering into residential areas. Staff recommends APPROVAL of the proposed rezoning. Planning & Zonine Commission Recommendation The Planning & Zoning Commission APPROVED (6-0) the proposed rezoning from "A" Agricultural to "B-2" Business District-2 for the subject property. Notification Response Form Staff mailed nineteen (19) public hearing notices to the owners of propel -ties within 200 feet of the subject property. No responses were received at the time of this report. Attachments • Location Map • Application • Letter of Intent • Draft Ordinance # 12-31 - 18 • Exhibit A: 0.258 Acre Property Description • Exhibit B: Zoning Exhibit • Site Plan 50 R128331 � �2457 r; R12w323 R128329 Ell' w R128324, R72745$ R128328 R128327 R128325 R56374 R77077 R677065 I R784931 L_ R5G489 Sangerra9 - - 455— -_ K� 3382 4545 4545 4545 - _ 4545 45456 R131208a� { Z H 69, 1 9 $9 11 'SERI-N ipiTY Gil? fr i "tR 6 0 p IS : � 3, � � 1.4 G9 0 B9 6 R145531 R113124 R54585 R56479 Ri169 7R 16 ;,-'6 382 7 L ' R20399 rl to .1OR2537* 3 _ 56A5 R2 52 30966 , ch; z- S3R65 8. 1rR24,.j32. 8 R2433j7 Rr=5 R 51 652 R238919 QR243329 R222922 i12UD2 b' R222923;' R58g86 �y� 6i' ' n� R2389181 R5 489 R2078i3 O'Reilly Auto Parts - Rezoning DEPARTMENT OF k I TE DEPAR SERVICES 1 V This product is forinformallonal purposes and may not have been prepared for or be suilableforlegal,engneerng, or surveying purposes. It does not represent an ondhe-ground 0 237.5 475 950 survey and represents only the appiuximale Feet mlativelocation ofproperty boundades. Fenton County does not guarantee ltre correctness http://www.dentoncotAnty.com or accuracy of any features on INS product and assumes no responslbiity in connection therewith This product may be revised at any Line without ❑ENTUN Cd uNTY notification to any user. 51 Zoning Change = Specific Use Permit Aoalicant nwner (if diffarant frnm nnnilrantl Marne: Scott Kraus represented by Paul Engel, PE NaR1e Mike Stole Company: O'Reilly Auto Enterprises, LLC company: PAC Group LTD Address: 233 S Patterson Ave Address: 1801 Hinkle Dr, Suite 150 City, State, zip Springfield, Mtn 65802 Clty. State, zip Denton, TX 76201 phone: 417-866-2741 attn: Paul Engel phone: 940-891-4223 Fax: 417-866-2778 attn: Paul Engel Fax: Email: pengel a@andersonengineeringinc.cnm Email: ;uhmlttal rharkllcf X Site Plan (far Specific Use Permits only X t.etteraf intent X Application Fes Check P able to CI of Sanger) I certify that i am the legal owner of the above referenced property and that to the best of my knowledge th is Is a true description of the property upon which I have requested the above checked action, I designate the applicant listed as my representative. Describe the subject property (address, Describe the proposed The proposed . Owner Signature Applicant Signature Me use Fee Role chap a or Specific Use Permit {SUP). ig Change is B-2 from A for a new parking lot to serve the existin fCir/��.f71 Date ! 12-i9 Date 52 fAlr:mANDERSON AndersonEngineeringlnc.com 2045 W Woodland St �ENGINEERING Springfield, MO 65807 EMPLOYEE OWNED 417-866-2741 October 17, 2018 Muzaib Riaz, Planner Development Services The City of Sanger, TX 201 Bolivar St, Sanger, TX 76266 (940) 458-2059 mriazOsanaertexas.ora SUBJECT: LETTER OF INTENT FOR ZONING CHANGE TO B-2 PROPOSED PARKING ADDITION FOR O'REILLY AUTO PARTS STORE AT 1501 W CHAPMAN DR, SANGER, TX This Letter of Intent describes and justifies the proposed zoning change of the —0.31 acres SE corner of the 57.7 acre 1609 W Chapman Dr property from Agricultural (A) to Business (B-2) for a new parking lot addition to serve the existing O'Reilly Auto Parts store at 1501 W Chapman Dr in Sanger, TX. We are requesting to be on the November 121" Planning Commission & the December 3rd City Council Agendas. The area of zoning change is the 75' x 180' (0.31 acres) SE corner of the parent tract -- refer to attached Exhibit A for proposed concept Parking Lot Addition plan. AREA PROPOSED TO BE REZONED Legal Description: A1241A TIERWESTER, TR 57(PT), 57.74 ACRES, OLD DCAD SHT 5, TR 6 Physical Address: 1609 W Chapman Dr, Sanger, TX Location: Directly West of O'Reilly Auto Parts at 1501 W Chapman Dr, across from Acker St Denton Central Appraisal District Reference #R: 56489 Acreage of portion of property: —0.31 acres Description of portion of property being rezoned: 0.31 acres of SE corner, 75' offset from East property line with 180' depth. Current Zoning District: Agricultural (A) per 6/24/2017 Sanger Zoning Map Proposed Zoning District: Business (B-2) Current property condition: Vacant grass field ZONING CHANGE REQUEST CRITERIA Reason for Rezoning request: TXDOT is taking property from the existing O'Reilly Auto Parts store resulting in the loss of the front head -out parking area. This taking of property by TXDOT places an undue burden upon O'Reilly Auto Parts. As a result, the new parking lot addition to the West is needed to offset the area lost to TXDOT. The vacant grass field is currently zoned A and the City of Sanger requires a zoning to match the use served by the parking lot; therefore, a rezoning to B-2 is requested APPLICANT CONTACT INFORMATION Paul Engel, PE representing O'Reilly Auto Enterprises, LLC pengel c{x�..andersonengineeringinc.com 417-866-2741 We reciate your assistance completing the rezoning process. Thank you. we( l 0 Y Paul En el PE Vice -Pr sMent ORDINANCE # 12-31-18 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP ESTABLISHED THROUGH CHAPTER 14 "PLANNING AND ZONING" OF THE CODE OF ORDINANCES, EXHIBIT A "ZONING ORDINANCE OF THE CITY OF SANGER, TEXAS", AND SECTION 4 "ZONING DISTRICT MAP", TO REZONE APPROXIMATELY 0.258 ACRES OF LAND FROM "A" AGRICULTURAL TO "B-2" BUSINESS DISTRICT-2; 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. WHEREAS, all Requests for Changes in Zoning Classifications were duly filed with the City of Sanger, Texas, concerning the hereinafter described properties; WHEREAS, due notice of hearings were made in the time and manner prescribed by law and the Planning and Zoning Commission of the City of Sanger, Texas, duly covered and conducted public hearing for the purpose of assessing zoning classification changes on the hereinafter described properties located in the City of Sanger, Texas; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: SECTION 1. That a certain approximately 0.258-acre site as described in Exhibit A, and generally located approximately 185 feet cast of Sanger West Boulevard and approximately 45 feet north east of Acker Street is subject to this ordinance. SECTION 2. The zoning classification on the herein above described property is hereby changed from "A" Agricultural to "B-2" Business District-2 as illustrated in Exhibit B. SECTION 3. AlI ordinances or pants of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. SECTION 4. 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 5. 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. 54 SECTION 6. This ordinance will take effect immediately froin and after its passage and the publication of the caption, as the law and Charter in such cases provide. 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 55 EXHIBIT A: Ordinance # 12-31-18 oaminion Engineering Associates, L.C. Legal Description For Additional Property O'Reilly Auto Enterprises, LLC Site 1501 W. Chapman Drive Sanger, TX ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN IN THE HENRY TIERWESTER SURVEY, A-1241, DENTON COUNTY, TEXAS, BEING A 0.258 ACRE PORTION OF "TRACT 1" DESCRIBED IN THAT WARRANTY DEED RECORDED IN D.C.C.I. NO. 2001-6340M, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE 5/8 INCH CAPPED IRON ROD WITH ORANGE CAP MARKED "RPLS 5236" FOUND MARKING NORTHWEST CORNER OF THAT TRACT OF LAND DESCRIBED IN A DEED TO O'REILLY AUTOMOTIVE, INC., RECORDED IN INSTRUMENT NO. 2007- 99372, OFFICIAL RECORDS, DENTON COUNTY, TEXAS, SAID POINT ALSO BEING ON THE EAST LINE OF SAID "TRACT 1"; THENCE ALONG THE EAST LINE OF SAID "TRACT 1", BEING ALSO THE WEST LINE OF SAID TRACT OF LAND DESCRIBED IN A DEED TO O'REILLY AUTOMOTIVE, INC., SOUTH 01 °40'32" WEST 151.69 FEET TO A 5/8 INCH CAPPED IRON ROD WITH PINK PLASTIC CAP MARKED "TXDOT SURVEY MARKER, RIGHT-OF-WAY MONUMENT" FOUND MARKING THE NORTHEAST CORNER OF THAT 88,460 SQUARE FOOT PARCEL OF LAND SHOWN ON THAT "A PLAT OF SURVEY OF PARCEL 73 FOR FARM TO MARKET HIGHWAY 455 — A 88,460 SQ. FT. (2.0308 AC.) TRACT OF LAND IN THE HENRY TIERWESTER SURVEY ABSTRACT NO. 1241 CITY OF SANGER, DENTON COUNTY, TEXAS, MARCH 30, 2017", BY SPOONER & ASSOCIATES, INC., TBPLS FIRM NO, 10054900, AND A POINT OF NON -TANGENCY WITH A 982.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY (THE RADIUS POINT BEARING NORTH 02°48'08" EAST); THENCE WESTERLY ALONG THE NORTHERLY LINE OF SAID 88,460 SQUARE FOOT PARCEL OF LAND, BEING THE NORTHERLY RIGHT OF WAY LINE OF FARM TO MARKET HIGHWAY NO.455, AND ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 04043'04" AND AN ARC LENGTH OF 75.14 FEET, TO THE WEST LINE OF THE EAST 75.00 FEET OF SAID "TRACT 1"; THENCE ALONG SAID LINE, NORTH 01040'32" EAST 147.10 FEET TO THE WESTERLY EXTENSION OF THE NORTH LINE OF SAID DEED TO O'REILLY AUTOMOTIVE, INC.; THENCE ALONG SAID LINE, SOUTH 88030' 17" EAST 75.00 FEET TO THE POINT OF BEGINNING. CONTAINS 11,241 SQUARE FEET OR 0.258 ACRE, MORE OR LESS. I CY I-M- O .► ' t ' I JAMES V. WEHDE, PLS TEXAS REGISTRATION NO. 6133 10 WEST LAND SURVEYING & MAPPING, INC. 410 S FOREST GLEN BLVD. POST FALLS, ID 83854 y Q41ST�R ............ . JAMES I ENT .,A.... ......... 133;... 9 ��P�S5,Ir DaP.O�� 10115118 5684 S. Green Street Murray, Utah 84123 • (801)713-3000 • FAX (801)713-3030 56 EXHIBIT B: Ordinance # 12-31-18 N Zoning Exhibit - Oreilly Auto Parts Parking Rezone w E SANGER Case #: 18SANZON-0061 �WLAIMER: THa mep vna gm to by GI9 data p.mde O/'� by wryer cls fkparhrent me cV of rdinance #. Saigerdaea nd guarerdeelhe cgrred-.o auraq of any feapaes m g 4 rrv�p, 7Mse Map S 0 50 100 200 Feet pmd-'are arnwration yvpesna yang rol a�labk glfgratespcd ded�cn maphg.nd UfS data Is 0 la anAard aharryea. a — may mt he [on_ele, a¢uale er curerd. 57 PROPOSED PARKING ADD PROPOSED PROPERTY LINE fa daw.-mij-•• - 1mt C41APMM DnIVE INRFExp.W. Wm 5'S]6�TE SEIKIR Wf6niucm9 �� FFH CMOF aAxGEFi 66 O'REILLY AUTO PARTS, CHAPMAN DR, SANGER, TX EXHIBIT A. CONCEPT PARKING LOT ADDITION PLAN BANGER *TEXAS COUNCIL AGENDA ITEM AGENDA TYPE ® Regular ❑ Spccial ❑ Consent Reviewed by Finance ❑ Yes ® Not Applicable ❑ Workshop ❑ Executive ® Public Hearing Reviewed by Legal Yes N Not Applicable Council Meeting Date: Submitted By: December 3, 2018 Muzaib Riaz, Planner, Development Services City Manager Reviewed/Approval Initials Date V 9 9 ACTION REQUESTED: ❑ ORDINANCE ❑ RESOLUTION # ❑ APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ®OTHER Public Hearing AGENDA CAPTION Conduct a Public Hearing regarding a Specific Use Permit for a Temporary Concrete Batch Plant on Property Zoned PD-05-06-18 Planned Development (Lake Ridge Estates), and Generally Located 500 Feet East of the Intersection of Waterfront Drive and Lakeside Drive. FINANCIAL SUMMARY ®NIA ❑GRANT FUNDS [:]OPERATING EXPENSE ❑REVENUE ❑CIP []BUDGETED❑NON-BUD GETED BACKGROUND/SUMMARY OF ITEM The subject property is zoned PD-05-06-18 Planned Development (Lake Ridge Estates). The applicant is requesting a Specific Use Permit (SUP) to set up a temporary concrete batch plant west of the proposed Lake Ridge Estates Phase 3 located east of Waterfront Drive and North of McReynolds Road. The applicant is requesting an SUP for a temporary concrete batch plant for a limited term of 30 days. STAFF OPTIONS & RECOMMENDATION See Staff Report. List of Supporting Documents/Exhibits Attached: Prior Action/Review by Council, Boards, Commissions or Other Agencies: The Planning & Zoning Commission conducted a public hearing on November 6, 2018 and recommended approval (6-0) of the proposed rezoning. 59 BANGER * T E XAS COUNCIL AGENDA ITEM AGENDA TYPE ® Regular ❑ Special ❑ Consent Reviewed by Finance Yes ® Not Applicable ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal Ll Yes X Not Applicable Council Meeting Date: Submitted By: December 3, 2018 Muzaib Riaz, Planner, Development Services City Manager Reviewed/Approval Initials kc, Date N 3oW ACTION REQUESTED: ® ORDINANCE 12-32-18 ❑ RESOLUTION # ® APPROVAL, ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑OTHER AGENDA CAPTION Consider, Discuss and Act on Ordinance # 12-32-18 Regarding a Specific Use Permit for a Temporary Concrete Batch Plant on Property Zoned PD-05-06-18 Planned Development (Lake Ridge Estates), and Generally Located 500 Feet East of the Intersection of Waterfront Drive and Lakeside Drive; Providing for a Severability Clause; Providing for a Penalty of Fine in Accordance with Section 1.109 of the Code of Ordinances for Violations; and Providing for an Effective Date. FINANCIAL SUMMARY ®NIA ❑GRANT FUNDS ❑OPERATING EXPENSE ❑REVENUE ❑CIP ❑BUDGETED ❑NON -BUDGETED BACKGROUND/SUMMARY OF ITEM The subject property is zoned PD-05-06-18 Planned Development (Lake Ridge Estates). The applicant is requesting a Specific Use Permit (SUP) to set up a temporary concrete batch plant west of the proposed Lake Ridge Estates Phase 3 located east of Waterfront Drive and North of McReynolds Road. The applicant is requesting an SUP for a temporary concrete batch plant for a limited term of 30 days. STAFF OPTIONS & RECOMMENDATION See Staff Report List of Supporting Documents/Exhibits Attached: Prior Action/Review by Council, Boards, Commissions or Other Agencies: • Staff Report • Location Map The Planning & Zoning Commission conducted a public • Application hearing on November 6, 2018 and recommended approval • Letter of Intent (6-0) of the proposed rezoning. • Site Plan • Response Form SANGER CITY COUNCIL STAFF REPORT �kTEXAS Meeting Date: December 3, 2018 Case #: 18SANZON-0062 Case Coordinator: Muzaib Riaz, Planner, Development Services Request: Conduct a Public Hearing and Consider, Discuss and Act on Ordinance # 12-32-18 Regarding a Specific Use Permit for a Temporary Concrete Batch Plant on Property Zoned PD-05-06-18 Planned Development (Lake Ridge Estates), and Generally Located 500 Feet East of the Intersection of Waterfront Drive and Lakeside Drive; Providing for a Severability Clause; Providing for a Penalty of Fine in Accordance with Section 1.109 of the Code of Ordinances for Violations; and Providing for an Effective Date. Applicant: Bryan Piper, RKM Utility Services, Inc. Case Overview The subject property is zoned PD-05-06-18 Planned Development (Lake Ridge Estates). The applicant is requesting a Specific Use Permit (SUP) to set up a temporary concrete batch plant west of the proposed Lake Ridge Estates Phase 3 located cast of Waterfront Drive and North of McReynolds Road. The applicant is requesting an SUP for a temporary concrete batch plant for a limited term of 30 days. Surrounding Land Uses Direction Land Use Zoning North Pasture PD-05-06-18 Planned Development (Lake Ridge Estates East Pasture Agricultural South Pasture PD-05-06-18 Planned Development (Lake Ridge Estates) West Residential PD-05-06-18 Planned Development (Lake Ridge Estates) Issues for Consideration In recommending that a specific use permit for the premises under consideration be granted, the Planning and Zoning Commission shall determine that such uses are harmonious and adaptable to 61 building structures and uses of adjacent property and other property in the vicinity of the premises under consideration, and shall make recommendations as to requirements for the paving of streets, alleys and sidewalks, means of access to public streets, provisions for drainage, adequate off-street parking, protective screening and open space, heights of structures and compatibility of buildings. Notification Response Form Staff mailed public hearing notices to the owners of properties within 200 feet of the subject property. We received 1 response in opposition of the proposed SUP. Staff Recommendation Staff finds that the proposed SUP is in conformance with the requirements described in the Zoning Ordinance, and therefore, recommends APPROVAL. Planning & Zoning Commission Recommendation The Planning & Zoning Commission APPROVED (6-0) the SUP on November 6, 2018. Attachments • Location Map • Application • Letter of Intent • Draft Ordinance # 12-32-18 • Exhibit A: Lake Ridge Estates Phase 3 Final Plat • Exhibit B: Site Plan • Response Form 62 N Project: Lake Ridge Estates Batch DISCLIMER: Plant SUP Tlaanupv egenenled byGSdala paNded w E BANGER hy, rd.erGSVepeNrent,heCiyci Sargerdos nal9tetaNeelle cone Mesa ........ .i+ uracy of any }eaM1rea on IFu map. Thee mep" -*TEXAS Case #: 18SANZON-0062 Pp'adsare�r"tea°°°� p� as°rya°` ant lautabkicraieapecifictleesion tna4ng, (j.•�JI � GIS data la armed to m�ati etia�y¢s, aM ,� y _ rtay not be cemplHe,ay.°rale ar cvreii. ;, ah 1��' S. ®Exhibits Parcels Lek, IIJMOID4:8:z 1 PM r I} fbc Name SVP_lacallmEa hb �,lala:Ridge6alNPla ;_".: r�;ti. 63 ZONING CHANGE/SUP APPLICATION Zoning Change ; Specific Use Permit Applicant Owner (if different from applicant) Name: AS t 4�'p Name: Company Company., Address: , r Address: y, State, Zip r D3, wJD city, State, Zip Phone: l r' Phone: Fax: � Fax; E:mai lr "'-'X Q,k Email, Submittal Checklist Site Plan (for Specific Use Permits Only) Letter of Intent Application Fee -(Check Payable to City of Sanger) I certify that I am the legal owner of the above referenced property and that to the best of my knowledge this is a true description of the property upon which I have requested the above checked action. I designate the applicant listed as my representative. Describe the subject property (address, location, size, etc.): DQr ` T NT E� a ).tl 7 = , n " da. 1"7;( . Office Use Fee G Date (SUP): Date r-r o - o j 9 Date City of Sanger 201 Bollvorl RO Box 1729 Songer, TX 76266 940-459-2039(office) 940.458•4072 ffax) www.songertexas.org M 0 RIM Utility Services, Inc. 2105 Waterview Parkway I Richardson, Texas 75080 15 October 2018 Ladies and Gentlemen: The intent of RKM Utility Services, Inc., is to erect a portable Concrete Batch Plant to produce concrete for the paving operations at Lake Ridge Estates Phase 3 project. We anticipate this Batch Plant being at this location for approximately 30 days, weather permitting. Sincerely, Bryan Piper, Vice Presi a t Phone: 972-241-2621 Fax: 972-241-2624 ORDINANCE # 12-32-18 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP ESTABLISHED THROUGH CHAPTER 14 "PLANNING AND ZONING" OF THE CODE OF ORDINANCES, EXHIBIT A "ZONING ORDINANCE OF THE CITY OF SANGER, TEXAS", AND SECTION 4 "ZONING DISTRICT MAP", TO GRANT A SPECIFIC USE PERMIT (SUP) TO ALLOW A TEMPORARY CONCRETE BATCH PLANT AS A USE AT 11.15 ACRES OF LAKE RIDGE ESTATES PHASE 3 SITE ZONED AS PD-OS-06-18 PLANNED DEVELOPMENT (LAKE RIDGE ESTATES); 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 WHEREAS, all Requests for A Specific Use Permit (SUP) were duly filed with the City of Sanger, Texas, concerning the hereinafter described properties; WHEREAS, due notice of hearings were made in the time and manner prescribed by law and the Planning and Zoning Commission of the City of Sanger, Texas, duly covered and conducted public hearing for the purpose of assessing a request for a Specific Use Permit (SUP) on the hereinafter described properties located in the City of Sanger, Texas; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: SECTION 1. That a Specific Use Permit (SUP) to allow a temporary concrete batch plant as a use is hereby granted for a limited time period of 30 days at approximately 11.15-acre site, described in the Final Plat of Lake Ridge Estates Phase 3 attached as Exhibit A and illustrated in Exhibit B, generally located 500 feet east of the intersection of Waterfront Drive and Lakeside Drive. 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 S. 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. DULY PASSED, APPROVED AND ADOPTED by the City Council of the City of Sanger, Texas, on this I day of , APPROVED: Thomas E. Muir, Mayor ATTEST: Cheryl Price, City Secretary 67 EXHIBIT A: Ordinance 1R 12-32-i8 . . . . . . . . . ' / LOT1 wT2 3 LOTi IDT♦ LOTT 9 �� wrc L.T. LOT,a Lortt g .e.. �.. i ni•,.,.m i w6 LOT BC i . I f LOT, ems«/ / a / ; ienr., nrure„ ruu,FT mu..*o ruin ,>iurr. 3 r V r..0 mi I � I I nanrri T . / g Lor tO Ila i x e wT: " La rlr il9 InTtt I Iz i LOTS �lr < Nw,y.yw ••. ,,,., _ PARKLANE ,•, Lm,x + of I LOT4 °F Yl �� © L_x x-• I ® nW.,.c, 12 l� 9 I ,wr,e„ e,..., LOT14, 511 JL � �L� r f l Lori — — — — — MATCH LINE — — — ' MATCH LINE + I �` FINAL PLAT H LAIKE RIDGE ESTATES, PHASE g �� �r cnntrsuavrv,N L uc n LOTS 1-22 BLOCK 1S LOTS 1-13, BLOCK G, �rsn"si,<.Lsw«w, nNti� LOTS 2-8, BLOCK F & LOTS I-11, BLOCK H EAGLET Iv,o1�-]�9 tS ACRF_40F LL+103[NFiEO IYTII! REl16EV OFHE65f1A1'!5',ARSTMCr I:a a, SURVEYING Txr4m ,e.vtm ru,��-» �r,�..,... i.,�,..,.n ��j< nN noulTioNTaryTlc ciryaP eanaex, osNroN cotrttrt, TEAS EAGLE P—!]l ,URVEYING EXHIBIT A: Ordinance# 12-32-18 4A—r C: H—L III - — — — — — — — — — — — — — LOT14 WT M"'M11U, If Ii. L.T.;j€ ql .�»�, a MTV A c, WT . a r ;'� 0 Him oru GT2 MT3 'L T4 L.T. 0 . . . . . . . . . . . . . . .. ...... .... FINAL PLAT IAl(E RIDGE ESTATES, PHASE LOTS 1-22, BLOCK B, LOTS 1- 13. BLOCK G. L(YrS 2-8, BLOCK P & LOTS t-i L BLOCK H OF LV b3rO1AT8V IN nW Kill lEAGLE ISURVEYING EXHIBITA: Ordinance N 12-32-18 5t, 4� aaNlrWw FINAL PLAT LAKE RIDGE ESTATES, PHASE LOTS 1-22, BLOCK B, LOTS 1-13, BLOCK G, LOTS 2-8, BLOCK F & LOTS 1-11, BLOCK H MliwADDMMON�Mcclwum, R — --, -- 70 EXHIBIT B: Ordinance # 12-32-18 I a I 0 � O of OD I r-I ct r � ~ ' � d +q S � `9 F d1 f •4 1� S _ .nw � riot weal y �. _ a 9.r4.ra.lpai utr nlaa is a�aaiVAe- � t �wu yit 1 § g§ Y p p 0 � I east A!I[r,l■1Lgk I tt um ,v O •a�i1YH� r ,- /��S �t41 ' t spy q J `4 k 9 a 9 I u•Ir. w aar arrt ' WWy a,tur.uk � j" ry a� S �� l � •rt1 0 n. I� trar.aole� 9AIHO MMMJ113 s3tvnp"na"a �u akv] r tatraia'�ooik kv] I I § a , _ n— �?••_u a D E9 3A1lIp 3pIS �NVaI � — a — 71 Specific Use Permit In order for your opinion to be counted, please complete and mail this form to: Development Services Department Attn: Muzaib Riaz P.O. Box 1729 Sanger, TX 76266 You may also email or fax a copy to: Email: mriaz san ertexas.or Fax: (940) 458-4072 Project No: 18SANZON-0062/ SUP (I_.akeridge Phase 3 Temporary Concrete Batch Plant) Please circle one: In favor of request Opposed to request Comments: � r Alko Signature Printed Name Rai-, // ���'�`'0'. Mailing Address z:�ee6l"- City, State Zip Phone Number Email Address /' �-- Ph sisal Address of Property within 200 feet 72 BANGER * T E X A S COUNCIL AGENDA ITEM AGENDA TYPE ® Regular ❑ Special ❑ Consent Reviewed by Finance ❑ Yes ® Not Applicable ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal Ej Yes Z Not Applicable COUNCIL MEETING DATE: SUBMITTED BY: December 3, 2018 Muzaib Riaz, Planner, Development Services City Manager Reviewed/Approval Initials Date ti 21p r ACTION REQUESTED: ❑ORDINANCE ❑ RESOLUTION ® APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ElCONSENSUS ❑REAPPOINTMENTS AGENDA CAPTION Consider, Discuss and Act on the Final Plat of Lots 1-14, Block A, Lakeside Addition, Being 62.91 Acres in the Carmel Manchaca Survey, Abstract Number 790, Within the Extraterritorial Jurisdiction (ETJ) of the City of Sanger, Generally Located between FM 2164 on the West and FM 455 on the East and Approximately 1200 Feet South of the Intersection of FM 2164 and FM 455. FINANCIAL SUMMARY ®NIA ❑GRANT FUNDS ❑OPERATING EXPENSE ❑REVENUE ❑CI P []BUDGETED [:]NON -BUDGETED PRIOR CURRENT FUTURE FISCAL YEAR: YEAR YEAR YEARS TOTALS Proposed Expenditure Amount Encumbered Amount BALANCE FUND(S) TO BE USED: General ❑$ Utility ❑ $ Special ❑ $ BACKGROUNDISUMMARY OF ITEM The applicant is proposing to develop 14 residential lofts of 3 acres minimum. The subject property is located in the Extraterritorial Jurisdiction (ETJ) of the City of Sanger. The subject property is within the Lake Ray Roberts Zoning Overlay and is zoned as R-3 (3-acre minimum) currently. Water services will be provided by Green Springs Water and electric service will be provided by Cosery Electric. The Plat was sent to Denton County Planning for a courtesy review. STAFF OPTIONS & RECOMMENDATION See staff report. List of Supporting Documents/Exhibits Attached: Prior Acdon/Review by Council, Boards, Commissions or Other • Staff Report Agencies: • Location Map The Planning & Zoning Commission approved (6-0) the • Application final plat on November 6, 2018. • Letter of Intent • Final Plat 73 BANGER STAFF °�oRT *TEXAS Meeting Date: December 3, 2018 Case ##: 18SANZON-0064 Case Coordinator: Muzaib Riaz, Planner, Development Services Request: Consider, Discuss and Act on the Final Plat of Lots 1-14, Block A, Lakeside Addition, Being 62.91 Acres in the Carmel Manchaca Survey, Abstract Number 790, Within the Extraterritorial Jurisdiction (ETJ) of the City of Sanger, Generally Located between FM 2164 on the West and FM 455 on the East and Approximately 1200 Feet South of the Intersection of FM 2164 and FM 455. Applicant: Steve Watson Case Overview The applicant is proposing to develop 14 residential lots of 3 acres minimum. The subject property is located in the Extraterritorial Jurisdiction (ETJ) of the City of Sanger. The subject property is within the Lake Ray Roberts Zoning Overlay and is zoned as R-3 (3-acre minimum) currently. Water services will be provided by Green Springs Water and electric service will be provided by Cosery Electric. The Plat was sent to Denton County Planning for a courtesy review. Staff Recommendation The plat meets City of Sanger Subdivision Ordinance. Staff recommends APPROVAL of the proposed final plat. Planniniz & Zonina Commission. Recommendation The Planning & Zoning Commission APPROVED (6-0) the proposed final plat on November 6, 2018. Attachments • Location Map • Application • Letter of Intent • Final Plat 74 N W E S Location Exhibit: Lakeside Addition SANGER Ord # irT Ex0.5 ® Exhibits pIS WMER_ s map yas genealed by CAS data p.Nded pru,esanger cis t)epaMienL mec�r gl sa,ye noes nag�raraea �orredro� a c<creq eleny IeaMee an Ilvs nap, These map pad pu areforIluaballonpas t eu mpabkl clespeciSc deds-en —ma%np. GS data 1. .Wed to mitlart changes, aM may nd be complete, axurele or curerd, pate; ArygrA198 OO,b6 Pl.l Oec !lame, LecatienFs hb i„LakeSHebdan 75 Preliminary Plat Minor Plat Applicant BANGER SUBDIVISION APPLICATION Final Plat/Replat Amended Plat Vacating Plat Conveyance Plat Owner (if different from applicant) Name: Name: �! Company: Company: Address: Address PD. MY 119.2 City, State, Zip: City, State, Zip: ft"lk Phone Phone: Ll 7 Fax: Fax: Email: Email: W►vVk f A41*L . eCV7 Submittal Checklist Pre -Application Conference (Date;L—J ) Six (6) Copies of Plat (24"x36", folded to 1/4 size) One (1) PDF Copy of Plat Letter of Intent Non -Refundable Application Fee (Check Payable to City of Sanger) Application Form (Signed by Owner) Applicable Plat Checklist (Completed) Supporting Materials (List if provided): R Number(s): — 4L 1_11� Owner Signature Applicant Signature Date' Date Office Use: Reviewed by Director of Development Services Complete (Check n 1 05(*- ( ) tP40 t ' Incomplete (Returned to Applicant^ /^_J ) Cflp rrf SunOcr 201 polivar/11.013os 1729 Sur)(1m, 7X 16M( 940 4." Zfl.59 (ofjica) 940-4 ,q 4072 (fax) m m.sungeelexa.s.ory Fffecliva Male: 9/7/2018 76 n lKri_ v v 1q. U! R' V k Y' 1� [q, 0-11) LAKESIDE ADDITION FINAL PLAT FM 455 & CR 2164 Sanger, TX 76208 R#59240 10/11/2018 The purpose of this Final Plat is to create 14 Single Family Residential Lots of record from 1 tract. Owner: Steve Watson STEVE WATSON CUSTOM HOMES, INC. 972-880-5212 watsonsteve@ymail.com P O Box 482 Argyle, TX 76226 Survey: Tony Kimbrough Plat Manager KAZ Surveying 940-382-3446 tonnygkazsurveyina.com KAZ Surveying, Incorporated 1720 Westminster Street Denton, TX 76205 Phone:940-382-3446 Fax:940-382-3447 77 v�lroTM aENERwaxorr5: � LLRNEIa RaL NRPteEDwPx CRFPEO IF! IRON RODS STN6EL'xn2• uOLss OI,EPW+.SE NOSED, MUFC rATEMENT:l4wvEl$wtwF➢rHE F.E.MAFep00 INSURARCE,UTEMMfo C„TOFSRNOERCONENNry NUMBE0. Reoiea EFFEtnvE Ev pRTE N-,s30, t AFe] TI VT ANP a01GTF3 As scRLEp.Tx],rRw onoFTws RPwERrraewTmM 'NansNApsozds r LEsmero wswR.resMElmMmsoro ae aurslLsrHE o.zx RNNuecwMCE now rsaaTUNr. 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FINAL PLAT LOTS 1-14, BLOCK A, LAKESIDE ADDITION BEING a29, ACRES%THE CARMELMANCNACA SLRV , ABSTRACT NUMBER 791, IN THE E%TRATERWORIAL JURISDICTION OF THE CIW OF SANGER. CENTON COUNTY. 71 X BANGER 7k'TEXAS COUNCIL AGENDA ITEM AGENDA TYPE ® Regular ❑ Special ❑ Consent Reviewed by Finance ❑ Yes ® Not Applicable ❑ Workshop ❑ Executive ® Public Hearing Reviewed by Legal Lj Yes X Not Applicable Council Meeting Date: Submitted By: December 3, 2018 Muzaib Riaz, Planner, Development Services City Manager Reviewed/Approval Initials Date ACTION REQUESTED: ❑ ORDINANCE ❑ RESOLUTION # ❑ APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ®OTHER Public Hearing AGENDA CAPTION Conduct a Public Hearing regarding an Amendment of the Future Land Use Map from Industrial to Commercial for Proposed Lot 1 R and Lot 2R of the Sanger Industrial Addition Being 1.17 Acres, Situated in Reuben Bebee Survey, Abstract No. 29, and Generally Located North-East of the Intersection of Bolivar Street and North 2nd Street. FINANCIAL SUMMARY ®NIA ❑GRANT FUNDS []OPERATING EXPENSE ❑REVENUE ❑CIP ❑BUDGETED [_]NON -BUDGETED BACKGROUND/SUMMARY OF ITEM This is a request for an amendment to the Future Land Use Map (FLUM) to amend the land use designation for approximately 1.17 acres from Industrial to Commercial to allow rezoning from Industrial District (1-1.) to Central Business District (B-3). STAFF OPTIONS & RECOMMENDATION See Staff Report. List of Supporting DacumentslExhibits Attached: Prior Action/Review by Council, Boards, Commissions or Other Agencies: The Planning & Zoning Commission conducted a public hearing on November 6, 2018 and recommended approval (6-0) of the FLUM Amendment. 79 BANGER -*TEXAS COUNCIL AGENDA ITEM AGENDA TYPE ® Regular ❑ Special ❑ Consent Reviewed by Finance ❑ Yes ® Not Applicable ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal Lj Yes E Not Applicable Council Meeting Date: Submitted By: December 3, 2018 Muzaib Riaz, Planner, Development Services City Manager Reviewed/Approval Initials Date i ACTION REQUESTED: ® ORDINANCE # 12-33-18 ❑ RESOLUTION # ® APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑OTHER AGENDA CAPTION Consider, Discuss and Act on Ordinance # 12-33-18 Regarding an Amendment of the Future Land Use Map from Industrial to Commercial for Proposed Lot I and Lot 2R of the Sanger Industrial Addition Being 1.17 Acres, Situated in Reuben Bebee Survey, Abstract No. 29, and Generally Located North-East of the Intersection of Bolivar Street and North 2nd Street; Providing for a Severability Clause; Providing for a Penalty of Fine in Accordance with Section 1.109 of the Code of Ordinances for Violations; and Providing for an Effective Date. FINANCIAL SUMMARY ®NIA [—]GRANT FUNDS ❑OPERATING EXPENSE []REVENUE ❑CIP ❑BUDGETED ❑NON -BUDGETED BACKGROUND/SUMMARY OF ITEM This is a request for an amendment to the Future Land Use Map (FLUM) to amend the land use designation for approximately 1.17 acres from Industrial to Commercial to allow rezoning from Industrial District (I-1) to Central Business District (B-3). STAFF OPTIONS & RECOMMENDATION See Staff Report List of Supporting Documents/Exhibits Attached: Prior Action/Review by Council, Boards, Commissions or Other Agencies: • Staff Report • Location Map The Planning & Zoning Commission conducted a public • Draft Ordinance # 12-33-18 hearing on November 6, 2018 and recommended approval • Exhibit A: 1.17 Acre Tract Property (6-0) of the proposed FLUM Amendment. Description • Exhibit B: Current and Proposed FLUM Exhibit • Response Forms �3 SANGER STAFF COUNCIL *TEXAS Meeting Date: December 3, 2018 Case #: 18SANZON-0059 Case Coordinator: Muzaib Riaz, Planner, Development Services Request: Conduct a Public Hearing and Consider, Discuss and Act on Ordinance # 12-33-18 Regarding an Amendment of the future Land Use Map from Industrial to Commercial for Proposed Lot 1 R and Lot 2R of the Sanger Industrial Addition Being 1.17 Acres, Situated in Reuben Bebee Survey, Abstract No. 29, and Generally Located North-East of the Intersection of Bolivar Street and North 2"a Street; Providing for a Severability Clause; Providing for a Penalty of Fine in Accordance with Section 1.109 of the Code of Ordinances for Violations; and Providing for an Effective Date. Case Overview This is a request for an amendment to the Future Land Use Map (FLUM) to amend the land use designation for approximately 1.17 acres from Industrial to Commercial to allow rezoning from Industrial District (1-1) to Central Business District (B-3). Elements to consider • A companion request to amend the zoning on these properties is also on the agenda for consideration. • The properties to the immediate west is commercial, on the north and east is industrial, and south is Rural Residential. Conclusion The proposed change to the Future Land Use Map appears appropriate and consistent with the proposed zoning change with the accompanying agenda items. Planning & Zoning Commission Recommendation The Planning & Zoning Commission APPPROVED (6-0) the proposed amendment of the future Land Use Map (FLUM) from Industrial to Commercial. Notification Response Form Staff mailed thirteen (13) public hearing notices to the owners of properties within 200 feet of the subject property. We received 2 responses in favor of the proposed FLUM amendment. Attnehmentc • Location Map • Draft Ordinance # 12-33-18 • Exhibit A: 1.17 Acre Tract Property Description • Exhibit B: Current and Proposed FLUM Exhibit • Response Forms y J. VA, FAR Lim.. i y FA f Lot 2R Lot 1 R ` 10 "W 0 N Location Exhibit: 103 & 125 Bolivar olsc nluen tad& �v was ye�nni�d by cis Bala va�laee Sanger Industrial Addn BANGER '.g d.erG's°�^ Sanger ees n°rguarar/ea U° cormdrcxa or W E Ord # P.d—o.f.11a ea°at��P �maP vreeuaa are r« n�rau°a vwaa�a oNr ana * T E % A S are rwl svSa�k for slecpecfic deduon �kng. GIS data is srh]ed to wmlanl rhanges. and may mt be complete, asuate arcurent. EM Exhibits °'a' raze o!a sazaz wd name, �g�ar°n�raa_sa,yenoe�wmineen 83 ORDINANCE # 12-33-18 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, AMENDING THE COMPREHENSIVE LAND USE PLAN AND FUTURE LAND USE MAP BY CHANGING THE USE CLASSIFICATION FROM INDUSTRIAL TO COMMERCIAL ON A CERTAIN APPROXIMATELY 1.17 ACRES OF LAND FOR LOT IR AND LOT 2R OF SANGER INDUSTRIAL ADDITION, SITUATED IN THE REUBEN BEBEE SURVEY ABSTRACT NO. 29, AND GENERALLY LOCATED NORTH-EAST OF THE INTERSECTION OF BOLIVAR STREET NORTH 2ND STREET; PROVIDING FOR A SEVERABILITY CLAUSE; PROVISING FOR A PENALTY OF FINE IN ACCORDANCE WITH SECTION 1.109 OF THE CODE OF ORDINANCES FOR VIOLATIONS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission reviewed and studied an amendment to the Comprehensive Land Use Plan; and WHEREAS, the amendment is in accordance with the goals, objectives and policies of the Comprehensive Land Use Plan adopted by Ordinance No. 11-46-07; and WHEREAS, the City Council has concluded that the amendment to the Plan is in the best interest of the City and is for the purpose of protecting the health, safety and general welfare of the City and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: SECTION 1. That the Comprehensive Land Use Plan and Future Land Use Map are hereby amended for only that approximately 1.I7-acre tract as described in Exhibit A and illustrated in Exhibit B, and generally located northeast of the intersection of Bolivar Street and North 2pd Street by changing the use of said tract from Industrial to Commercial. SECTION 2. AlI 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. 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 � • EXHIBIT A: Ordinance # 12-33--18 1.17 ACRE TRACT PROPERTY DESCRIPTION Lot 1R: Being a 0.57 acre tract or parcel of land situated in the Reuben Bebee Survey, Abstract Number 29, Denton County, Texas, and being all of a tract of land described in deed to City of Sanger, recorded in Document Number 2007-91252 of the Real Property Records of Denton County, Texas, and also being a portion of the 20' alley shown separating lots 5 through 8 and 13 through 16, Block 7 of the Original Town of Sanger an addition to Denton County, Texas, recorded in Volume 48, Page 630 of the Deed Records of Denton County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at 1/2" iron rod found at Southeast corner of said City of Sanger tract and the Southwest corner of a called 4.4798 acre tract of land described in the deed to Sanger Texas Industrial Development Corporation, recorded in Document Number 2009-70797 of the Real Property Records of Denton County, Texas and in the North right-of-way line of Boliver Street (variable width right-of-way) and being the Southeast corner of Lot 5 and the common Southwest corner of Lot 4, Block 7 of said Original Town of Sanger; Thence South 86°46'49" West with the South line of said City of Sanger tract, same being the South line of said Block 7 and with the North right-of-way line of said Boliver Street, a distance of 100.00 feet to a capped 1/2" iron rod stamped "Eagle Surveying" set at the Southwest corner of said City of Sanger tract same being the Southwest corner of said Block 7 and being in the West right-of-way line of N. 2ND Street (60' right-of-way); Thence North 03°57'35" West with the West line of said City of Sanger tract same being the West line of said Block 7 and with the East right-of-way line of said N. 2ND Street and encompassing said 20' alley, a distance of 250.09 feet to a capped 1/2" iron rod stamped "Eagle Surveying" set at the Northwest corner of said City of Sanger tract and being at the intersection of the East line of said N. 2ND Street and the South right-of-way line of Elm Street (80' right-of-way); Thence North 86'50'23" East with the North line of said City of Sanger tract, the North line of said Block 7 and with the South right-of-way line of said Elm Street, a distance of 100.02 feet to a 1/2" iron rod found at the Northeast corner of said City of Sanger tract and being the Northeast corner of Lot 13 and the Northwest corner of 12, Block 7 of said Original Town of Sanger and in the West line of said 4.4798 acre tract; Thence South 03°57'15" East, with the East line of City of Sanger tract and the common West line of said 4.4798 acre tract, the common line of said Lot 12 and Lot 13, and encompassing said 20' alley and with the common line of said Lot 4 and Lot 5, a distance of 249.99 feet to the POINT OF BEGINNING and containing 0.57 acres of [and, more or less. i• Lot 2R: Being a 0.60 acre tract or parcel of land situated in the Reuben Bebee Survey, Abstract Number 29, Denton County, Texas, and being a portion of a called 4.4798 acre tract of land described in deed to Sanger Texas Industrial Development Corporation, recorded in Document Number 2009-70797 of the Real Property Records of Denton County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at 1/2" iron rod found at the Southwest corner of said 4.4798 acre tract, the common Southeast corner of a tract of land described in the deed to the City of Sanger, recorded in Document Number 2007-91252 of the Real Property Records of Denton County, Texas, and in the North right-of- way line of Boliver Street (variable width right-of-way) and being the Southeast corner of Lot 5 and the common Southwest corner of Lot 4, Block 7 of said Original Town of Sanger; Thence North 03°57'15" West, with the West line of said 4.4798 acre tract and the common East line of said City of Sangertract, a distance of 249.99 feet to a 1/2" iron rod found at an angle point in the West line of said 4.4798 acre tract, the Northeast corner of said City of Sanger tract and being in the South right-of-way line of Elm Street (80' right-of-way); Thence North 86°50'23" East with the West line of said 4.4798 acre tract, and with the South right-of- way line of said Elm Street, passing at 100.02 feet a 1/2" iron rod found at an angle point in the West line of said 4.4798 acre tract and continuing on said course, over and across said 4.4798 acre tract a total distance of 109.21 feet to a capped 1/2" iron rod stamped "EAGLE SURVEYING' set; Thence South 01°30'17" East, over and across said 4.4798 acre tract, a distance of 249.97 feet to a capped 1/2" iron rod stamped "EAGLE SURVEYING" set in the South line of said 4.4798 acre tract and being in the North right-of-way line of said Boliver Street; Thence South 86°46'49" West with the South line of said 4.4798 acre tract and with the North right-of- way line of said Boliver Street, a distance of 98.53 feet to the POINT OF BEGINNING and containing 0.60 acres of land, more or less. EXHIBIT B: Ordinance # 12-33-18 Current Land Use I' residential i I� z lI !z Commercial �1 — -__ --; -T ,- -- rban Low N Density IT- N Land Use Exhibit - Sanger Industrial Addn W E S SANGER SANGER Case #: 18SANZON-0059 This map-9-1,d by GS dala pmatd¢d 6yWa Sa ger GlSQPan rent he Cryof Ordinance#: 5agerdua,nelyaradeahacarredreaaar a¢yelanyl¢a6x¢senRL map. Them map 0 45 90 180 Feet preaua. are r«�r�.aa�P�Pes¢e e�yana aR w a aabbnr ia�p«ne eed�en�anA_ cls anal. b�ai:a wwrma�l rha�e:. ana may mltw comq[No, axvatcor<vrenb -� r rl c ..,. �� - 88 W&zk Iv'�°�/� Response Form 18SANZON-0059 Amendment of Future Land Use Map From Industrial To Commercial In order for your opinion to be counted, please complete and mail this form to: Development Services Department Attn: M uzaib Riaz P.O. Box 1729 Sanger, TX 76266 You may also email or fax a copy to: Email: mriaz@sangertexas.org Fax: (940) 458-4072 Project No: 18SANZON-0059/ Future Land Use Map Amendment (125 & 103 Bolivar Street) Please circle ne: In favor of request Opposed to request Comments: Mailing Address /610 1JVX Fr Ilk,w � , & Phone Number �' %/O - , 5 &2 r Phy:sicalAddress ofPropertywithin 200feet , , �/() S/ E1 • • Response Form 18SANZON-0059 Amendment of Future Land Use Map From Industrial To Commercial In order for your opinion to be counted, please complete and mail this form to: Development Services Department Attn: Muzaib Riaz P.O. Box 1729 Sanger, TX 76266 You may also email or fax a copy to. Email: mriaz@sangertexas.org Fax: (940) 458-4072 Project No: 18SANZON-0059/ Future Land Use Map Amendment (125 & 103 Bolivar Street) � f Please circle o e: In favor of request OpposeAo request . - ._._.__e-_ �.. Comments: Printed Name G� City, State, Zip L� �,�, .., ~`T c Phone Number Physical Address of Property within 200 feet •E BANGER Tr:xAS COUNCIL AGENDA ITEM AGENDA TYPE ® Regular ❑ Special ❑ Consent Reviewed by Finance ❑ Yes Not Applicable ❑ Workshop ❑ Executive ® Public Hearing Reviewed by Legal Yes Z Not Applicable Council Meeting Date: Submitted By: December 3, 2018 Muzaib Riaz, Planner, Development Services City Manager Reviewed/Approval Initials Date 1 IA ACTION REQUESTED: ❑ ORDINANCE ❑ RESOLUTION # ❑ APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ®OTHER Public Hearing AGENDA CAPTION Conduct a Public Hearing regarding a Zoning Change From "1-2" Heavy Industrial District to "I-l" Industrial District for Lot 3R of Sanger Industrial Addition Being 3.89 Acres, and From "I- I" Industrial District to "B-3" Central Business District for Lot 1R and Lot 2R of the Sanger Industrial Addition Being 1.17 Acres, Situated in the Reuben Bebee Survey, Abstract No. 29, and Generally Located North-East of the Intersection of Bolivar Street and North 2nd Street. FINANCIAL SUMMARY ®NIA ❑GRANT FUNDS [:]OPERATING EXPENSE [:]REVENUE❑CIP [:]BUDGETED —]NON -BUDGETED BACKGROUND/SUMMARY OF ITEM The applicant is proposing a zoning change from "I-2" Heavy Industrial District to "I-1" Industrial District for Lot 3R of Sanger Industrial Addition Being 3.89 Acres; and from "I-1" Industrial District to "B-3" Central Business District for Lot I and Lot 2R of the Sanger Industrial Addition Being 1.17 Acres. The purpose of rezoning is to allow commercial uses, compatible with Downtown Business uses on Lot 1R and Lot 2R, and less intense industrial uses on Lot 3R. The total area of the zoning change is 5.06 Acres. A Replat for the subject property was presented to City Council for action on November 5, 2018. Approval of the rezoning request for Lot 1R and Lot 2R is contingent upon the approval of FLUM amendment for both lots. STAFF OPTIONS & RECOMMENDATION See Staff Report. List of Supporting Documents/Exhibits Attached: Prior Action/Review by Council, Boards, Commissions or Other Agencies: The Planning & Zoning Commission conducted a public hearing on November 6, 2018 and recommended approval (6-0) of the proposed rezoning. 91 BANGER I * T E X A S COUNCIL AG ENDA ITEM AGENDA TYPE E Regular ❑ Special ❑ Consent Reviewed by Finance ❑ Yes ®Not Applicable ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal Yes Not Applicable Council Meeting Date: Submitted By: December 3, 2018 Muzaib Riaz, Planner, Development Services City Manager Reviewed/Approval Initials Date ? Q ACTION REQUESTED: ® ORDINANCE # 12-30-18 ❑ RESOLUTION # ® APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑OTHER AGENDA CAPTION Consider, Discuss and Act on Ordinance # 12-30-18 regarding a Zoning Change From "I-2" Heavy Industrial District to "I-1" Industrial District for Lot 3R of Sanger Industrial Addition Being 3.89 Acres, and From "I-1" Industrial District to "B-3" Central Business District for Lot IR and Lot 2R of the Sanger Industrial Addition Being 1,17 Acres; Situated in the Reuben Bebee Survey, Abstract No. 29, and Generally Located North-East of the Intersection of Bolivar Street and North 2n6 Street; Providing for a Severability Clause; Providing for a Penalty of Fine in Accordance with Section 1.109 of the Code of Ordinances for Violations; and Providing for an Effective Date. FINANCIAL SUMMARY ®NIA ❑GRANT FUNDS ❑OPERATING EXPENSE ❑REVENUE ❑GIP ❑BUDGETED ❑NON -BUDGETED BACKGROUND/SUMMARY OF ITEM The applicant is proposing a zoning change from "I-2" Heavy Industrial District to "I-1" Industrial District for Lot 3R of Sanger Industrial Addition Being 3.89 Acres; and from "I-1" Industrial District to "B-3" Central Business District for Lot 1R and Lot 2R of the Sanger Industrial Addition Being 1.17 Acres. The purpose of rezoning is to allow commercial uses, compatible with Downtown Business uses on Lot 1 R and Lot 2R, and less intense industrial uses on Lot 3R. The total area of the zoning change is 5.06 Acres, A Replat for the subject property was presented to City Council for action on November 5, 2018. Approval of the rezoning request for Lot 1R and Lot 2R is contingent upon the approval of FLUM amendment for both lots. STAFF OPTIONS & RECOMMENDATION See Staff Report List of Supporting Docu►nents/Exhibits Attached: Prior Action/Review by Council, Boards, Commissions or Other Agencies: • Staff Report • Location Map The Planning & Zoning Commission conducted a public • Application hearing on November 6, 2018 and recommended approval • Response Forms (6-0) of the proposed rezoning. • Draft Ordinance # 12-30-18 92 • Exhibit A: Sanger Industrial Addition Replat • Exhibit B: Zoning Exhibit • Exhibit C: 1.17 Acre Tract Property Description • Exhibit D: 3.89 Acre Tract Property Description • Section 24 — B-3 Central Business District • Section 25 — I-1 Industrial District • Section 26 —1-2 Heavy Industrial District 93 SANGER CITY COUNCIL STAFF REPORT ykTEXAS Meeting Date: December 3, 2018 Case #: 18SANZON-0060 Case Coordinator: Muzaib Riaz, Planner, Development Services Request: Conduct a Public Hearing and Consider, Discuss and Act on Ordinance # 12-30-18 regarding a Zoning Change From I-2 Heavy Industrial District to I-1 Industrial District for Lot 3R of Sanger Industrial Addition Being 3.89 Acres, and From I-1 Industrial District to B-3 Central Business District for Lot 1R and Lot 2R of the Sanger Industrial Addition Being 1.17 Acres; Situated in the Reuben Bebee Survey, Abstract No. 29, and Generally Located North-East of the Intersection of Bolivar Street and North 2" a Street; Providing for a Severability Clause; Providing for a Penalty of Fine in Accordance with Section 1.109 of the Code of Ordinances for Violations; and Providing for an Effective Date. Applicant: City of Sanger 1 Sanger Texas Industrial Development Corp / Eagle Surveying Case Overview The applicant is proposing a zoning change from "I-2" Heavy Industrial District to "I- I" Industrial District for Lot 3R of Sanger Industrial Addition Being 3.89 Acres; and from "I-1" Industrial District to "B-3" Central Business District for Lot 1 R and Lot 2R of the Sanger Industrial Addition Being 1.17 Acres. The purpose of rezoning is to allow commercial uses, compatible with Downtown Business uses on Lot I and Lot 2R, and less intense industrial uses on Lot 3R. The total area of the zoning change is 5.06 Acres. A Replat for the subject property was presented to City Council for action on November 5, 2018. Approval of the rezoning request for Lot 1R and Lot 2R is contingent upon the approval of FLUM amendment for both lots. Surroundine Land Uses Direction Land Use Zoning North Vacant Land Industrial District (I-1) East Railroad Tracks and Industrial Heavy Industrial District (I-2) South Commercial Industrial District (1-1) West Commercial Central Business District (B-3) Elements to Consider In making its recommendation to the City Council concerning a proposed zoning map amendment, the Planning and Zoning Commission considered the following factors: 1. Whether the uses permitted by the proposed change will be appropriate in the immediate area concerned and their relationship to the general area and the City as a whole. 2. Whether the proposed change is in accord with any existing or proposed plans for providing public schools, streets, water supply, sanitary sewers and other utilities to the area and shall note the findings. 3. The amount of vacant land currently classified for similar development in the vicinity and elsewhere in the City, and any special circumstances which may make a substantial part of such vacant land unsuitable for development. 4. The recent rate at which land is being developed in the same zoning classification as the request, particularly in the vicinity of the proposed change. 5. The manner in which other areas designated for similar development will be, or are likely to be, affected if the proposed amendment is approved, and whether such designation for other areas should also be modified. 6. Any other factors which will substantially affect the public health, safety, morals or general welfare. Staff Analysis The proposed rezoning is in conformance with the Comprehensive Land Use Plan and the Future Land Use Map. The existing Future Land Use Map (FLUM) designates the subject properties as Industrial and Commercial. Industrial land use allows "clean industrial" uses that do not emit discharges into the air or water according to the Comprehensive Use Plan. Also, according to the Comprehensive Land Use Plan, most of the industrial uses are to be located between I-35 and Railroad tracks north of FM 455. According to the Comprehensive Land Use Plan, Commercial uses are to be situated along major and minor corridors and along specific intersections in order to limit traffic from entering into residential areas. Staff recommends APPROVAL of the proposed rezoning. Planning & Zoning Commission Recommendation_ The Planning & Zoning Commission APPROVED (6-0) the proposed rezoning from "I-l" Industrial District to "B-3" Central Business District for lot IR and 2R, and from "1-2" Heavy Industrial District to "I- I" Industrial District for Lot 3R. 95 Notification Response Form Staff mailed seventeen (17) public hearing notices to the owners of properties within 200 feet of the subject property. We received 2 responses in favor of the proposed rezoning. Attachments • Location Exhibit • Application • Response Forms • Draft Ordinance # 12-30-18 • Exhibit A: Sanger Industrial Addition Replat • Exhibit B: Zoning Exhibit • Exhibit C: 1.17 Acre Tract Property Description • Exhibit D: 3.89 Acre Tract Property Description • Section 24 — B-3 Central Business District • Section 25 — 1-1 Industrial District • Section 26 —1-2 Heavy Industrial District o N Location Exhibit: 103 & 125 Bolivar �lSC RIMER: TH. -p,.e g—led by dal. My d,d a .mes�cs�nml.mecrIndustrial Addn Q aw E SANGER P5a1,�WI-1IN1Y •T6AOrd # r j.. ®Exhibits naarnotn�e 184 a3 o,eMe S pala: 102E NIB 32.]l FM r Wcllame: LocatlmEahLi_6angeRMugnaW do '� j%'. ;,,•'�: 97 BANGER *TEXAS ZONING CHANGE/SUP APPLICATION D?7T Zoning Change Specific Use Permit Aoolicant Owner (if different from anplicant) Name: i. Name: Company: I p Company: Address: �- Address: City, State, Zip �` r _ J`- City, State, Zip Phone: ().(,` y5 I"'�lJ Phone: Fax: Fax: Email: Email: Submittal Checklist Site Plan (for Specific Use Permits Only) Letter of Intent Application Fee (Check Payable to City of Sanger) certify that I am the legal owner of the above referenced property and that to the best of my knowledge this is a true description of the property upon which I have requested the above checked action. I designate the applicant listed as my representative. Describe the subject property (address, location, size, etc.): Describe the proposed zoning change or Specific Use Permit (SUP): Owner Signature �m Date Applicant Signature Date Office Use Fee Date Gly of Sanger 201 Lothar / f'.0 Box 1729 Songrr, TX 76260 940 ?S$ 2059 (n/JrceJ 940 458-4072 (frrx) tivtviv.svngertexps.arg 9 6 � (9-1 " ill Response Form 18SANZON--0060 Rezoning From 1-2 (Heavy Industrial District) to 1--1 (Industrial District); And From 1-2 (Heavy Industrial District) And I--1 (Industrial District) to B-3 (Central Business District) In order for your opinion to be counted, please complete and mail this form to: Development Services Department Attn: Muzaib Riaz P.O. Box 1729 Sanger, TX 76266 You may also email or fax a copy to: Email: mriaz@sangertexas.org Fax: (940) 458-4072 Project No: 18SANZON-0060/ Rezoning (125 & 103 Bolivar Street) Please circle In favor of request O posed to request Comments: re ailing Address A) U DX O , Phone Number Physical Address of Property within 200 feet Response Form 18SANZON-0060 Rezoning From 1-2 (Heavy Industrial District) to 1--1 (Industrial District); And From 1-2 (Heavy Industrial District) And 1-1 (Industrial District) to B--3 (Central Business District) In order for your opinion to be counted, please complete and mail this form to; Development Services Department Attn: Muzaib Riaz P.O. Box 1729 Sanger, TX 76266 You may also email or fax a copy to: Email: mriaz@sangertexas.or� Fax: (940) 458-4072 Project No: 18SANZON-0060/ Rezoning (125 & 103 Bolivar Street) Please circle(one: In favor of reques� Opposedh- `request i Comments: Mailing Address If `_.�C� )C 1-7 City, State, zipL�-Vf Phone Number Email Address1f`Physical Address of Propeft within 2-00 feet 100 ORDINANCE # 12-30-18 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP ESTABLISHED THROUGH CHAPTER 14 "PLANNING AND ZONING" OF THE CODE OF ORDINANCES, EXHIBIT A "ZONING ORDINANCE OF THE CITY OF SANGER, TEXAS", AND SECTION 4 "ZONING DISTRICT MAP", TO REZONE APPROXIMATELY 1.17 ACRES OF LAND FROM "I-1" INDUSTRIAL DISTRICT TO "B-3" CENTRAL BUSINESS DISTRICT, AND REZONE APPROXIMATELY 3.89 ACRES OF LAND FROM "I-2" HEAVY INDUSTRIAL DISTRICT TO "I-1" INDUSTRIAL DISTRICT; 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. WHEREAS, all Requests for Changes in Zoning Classifications were duly filed with the City of Sanger, Texas, concerning the hereinafter described properties; WHEREAS, due notice of hearings were made in the time and manner prescribed by law and the Planning and Zoning Commission of the City of Sanger, Texas, duly covered and conducted public hearing for the purpose of assessing zoning classification changes on the hereinafter described properties located in the City of Sanger, Texas; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: SECTION 1. That a certain approximately 5.06-acre site as described in the Final Replat of Sanger Industrial Addition attached as Exhibit A, and generally located north -cast of the intersection of Bolivar Street and North 2❑d Street is subject to this ordinance. SECTION 2. The zoning classification on the herein above described property is hereby changed as follows and is illustrated in Exhibit B: a) From "I-1" Industrial District to "B-3" Central Business District for approximately 1.17-acres as described in Exhibit C. b) From 1-2" Heavy Industrial District to "I-1 " Industrial District for approximately 3.89- acres as described in Exhibit D. SECTION 3. All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. SECTION 4. 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 101 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 5. 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 6. 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. 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 102 GENERa4 PµT xmEs y N[m]IManxdnRrae•rmm¢ AN aN a 14 ben rW emi a 'Ewm ].I�„ �dmmN�m�Wnemrmammely+wla•.eamd.+d mmmlu e.wev.w l]nd. er 3.ITMMMwawwmmewauwYwenwM¢p Gpm wanem0em 9lmnmaRM ned¢veM ere nlmmwtl v rNTem Cmmnln¢oe SINx1I of 1991. Nwm Cemnl2da wm3i em en •ewe an waAa.amn DmmAloe]. ]at AywrmwL V �al„pa Pwemd paa ewllJw M malaa en bountlaN a dplvka a MpNkilerNN aN u¢q W. ewhpe le yrme.ay.gmiaayrpolppmoa en AUlw PwNv. LOTANAI_Y313 LOT ACREAGE BD. FEET 1 6.Er zs.6ae x 6uo as,sss CERTIFICATE GF SttRYEYefi IT, oP mxs § camxrtappmrrtvx § I L rcR A RRseETr. 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E.a,ymd,dree.a �N n. ap10 Swn w prrewwaatlg aeq 9PamY• ¢ plPaxa A 9MA9 4nlo a wPPaa 1?son raeemmp.e spple murwlmS w[ ae,o HVNnnn mnma ane clhdmergxvmaew ¢sipwmr mmewwd vx E.almraaW muro pinnretl pw 9wN epnlef•,mY:ee a e]nse.ee IaPrlpmar..wY nbnw w'p�rr E¢u Nm mp r+wn pw a wb CAY of eeryer Fret tl» wNtt M d veq senper iwe Fewwl 0.retanem apamaw Ims ly aw ew nvvr tlm A wk &m T wn.mr me 9van[gMNaV Ilea a rob El- 1 OF 1 REPLAT SANGER INDUSTRIAL ADDITION LOTS IR, 2R & 3R, BLOCK A A REPLAT OF BLOCKS 1, 2, 7 & B OF ORIGINAL TOWN OF SANGER, RECOROEO IN VOL 48, PG. 630, DEED RECOIR03 OF DENTON COUNTY TEXAS, AND BEING B.ez ACRES OF LAND 317VATEO IN THE REUBEN BEBEE SURVEY,A"SYRA.CT NO. 29, AN AF1 MON TO THE CITY OF SANGER OENTON COUNTY. TEXAS EXHIBIT B, Ordinance # 12-30--18 N Zoning Exhibit- Sanger Industrial Addition Case #: 18SANZON-0059 9lS�aIMER: w E BANGER 1Ns aatip vna 9ereraleC by US data p—detl Sa npu E°eanatpwrenlee the c .Cre Y fer Ordinance #: by"e5a�er°��ep" !.m""°' ua�y et aay teamee °° un map. n,aea map *. X.3 S l] 75 1511 309 Feet p�ativaa are mri�wraeon pup°ses °Mram m e0.hfT kl6[e�p nc hd tl°n—k1Q GS tlala la autyetl !o mrAant tlurges, ark may ml Fe Cemplele, amua4a °r nur°n[ 104 EXHIBIT C: Ordinance # 12-30-18 1.17 ACRE TRACT PROPERTY DESCRIPTION Lot iR: Being a 0.57 acre tract or parcel of land situated in the Reuben Bebee Survey, Abstract Number 29, Denton County, Texas, and being all of a tract of land described in deed to City of Sanger, recorded in Document Number 2007-91252 of the Real Property Records of Denton County, Texas, and also being a portion of the 20' alley shown separating lots 5 through 8 and 13 through 16, Block 7 of the Original Town of Sanger an addition to Denton County, Texas, recorded in Volume 48, Page 630 of the Deed Records of Denton County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at 1/2" iron rod found at Southeast corner of said City of Sanger tract and the Southwest corner of a called 4.4798 acre tract of land described in the deed to Sanger Texas Industrial Development Corporation, recorded in Document Number 2009-70797 of the Real Property Records of Denton County, Texas and in the North right-of-way line of Boliver Street (variable width right-of-way) and being the Southeast corner of Lot 5 and the common Southwest corner of Lot 4, Block 7 of said Original Town of Sanger; Thence South 86°46'49" West with the South line of said City of Sanger tract, same being the South line of said Block 7 and with the North right-of-way line of said Boliver Street, a distance of 100.00 feet to a capped 1/2" iron rod stamped "Eagle Surveying" set at the Southwest corner of said City of Sanger tract same being the Southwest corner of said Block 7 and being in the West right-of-way line of N. 2ND Street (60' right-of-way); Thence North 03'57'35" West with the West line of said City of Sanger tract same being the West line of said Block 7 and with the East right-of-way line of said N. 2ND Street and encompassing said 20' alley, a distance of 250.09 feet to a capped 1/2" iron rod stamped "Eagle Surveying" set at the Northwest corner of said City of Sanger tract and being at the intersection of the East line of said N. 2ND Street and the South right-of-way line of Elm Street (80' right-of-way); Thence North 86°50'23" East with the North line of said City of Sanger tract, the North line of said Block 7 and with the South right-of-way line of said Elm Street, a distance of 100.02 feet to a 1/2" iron rod found at the Northeast corner of said City of Sanger tract and being the Northeast corner of Lot 13 and the Northwest corner of 12, Block 7 of said Original Town of Sanger and in the West line of said 4.4798 acre tract; Thence South 03057'15" East, with the East line of City of Sanger tract and the common West line of said 4.4798 acre tract, the common line of said Lot 12 and Lot 13, and encompassing said 20' alley and with the common line of said Lot 4 and Lot 5, a distance of 249.99 feet to the POINT OF BEGINNING and containing 0.57 acres of land, more or less. 105 Lot 211: Being a 0.60 acre tract or parcel of land situated in the Reuben Bebee Survey, Abstract Number 29, Denton County, Texas, and being a portion of a called 4.4798 acre tract of land described in deed to Sanger Texas Industrial Development Corporation, recorded in Document Number 2009-70797 of the Real Property Records of Denton County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at 1/2" iron rod found at the Southwest corner of said 4.4798 acre tract, the common Southeast corner of a tract of land described in the deed to the City of Sanger, recorded in Document Number 2007-91252 of the Real Property Records of Denton County, Texas, and in the North right-of- way line of Boliver Street (variable width right-of-way) and being the Southeast corner of Lot 5 and the common Southwest corner of Lot 4, Block 7 of said Original Town of Sanger; Thence North 03'57'15" West, with the West line of said 4.4798 acre tract and the common East line of said City of Sanger tract, a distance of 249.99 feet to a 1/2" iron rod found at an angle point in the West line of said 4.4798 acre tract, the Northeast corner of said City of Sanger tract and being in the South right-of-way line of Elm Street (80' right-of-way); Thence North 86°50'23" East with the West line of said 4.4798 acre tract, and with the South right-of- way line of said Elm Street, passing at 100.02 feet a 1/2" iron rod found at an angle point in the West line of said 4.4798 acre tract and continuing on said course, over and across said 4.4798 acre tract a total distance of 109.21 feet to a capped 1/2" iron rod stamped "EAGLE SURVEYING" set; Thence South 01°30'17" East, over and across said 4.4798 acre tract, a distance of 249.97 feet to a capped 1/2" iron rod stamped "EAGLE SURVEYING" set in the South line of said 4.4798 acre tract and being in the North right-of-way line of said Boliver Street; Thence South 86'46'49" West with the South line of said 4.4798 acre tract and with the North right-of- way line of said Boliver Street, a distance of 98.53 feet to the POINT OF BEGINNING and containing 0.60 acres of land, more or less. 106 EXHIBIT D: Ordinance # 12-30-18 3.89 ACRE TRACT PROPERTY DESCRIPTION Lot 3R: Being a 3.89 acre tract or parcel of land situated in the Reuben Bebee Survey, Abstract Number 29, Denton County, Texas, and being a portion of a called 4.4798 acre tract of land described in the deed to Sanger Texas Industrial Development Corporation, recorded in Document Number 2009-70797 of the Real Property Records of Denton County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at 1/2" iron rod found at the Northwest corner of said Sanger Texas Industrial Development Corporation tract and being in Pecan Street (variable width right-of-way); THENCE with the North line of said Sanger Texas Industrial Development Corporation tract the following courses and distances; North 86°44'30" East a distance of 160.40 feet to a 1/2" iron rod found; North 03°37'42" West a distance of 36.17 feet to a 1/2" iron rod found at the Northeast corner of said Sanger Texas Industrial Development Corporation tract and the common Southeast corner of a tract of land described in the deed to Jerry Dale Schertz and Kerry Lee Schertz, recorded in Instrument Number 2002-45167 of the Real Property Records of Denton County, Texas; THENCE with the East line of said Sanger Texas Industrial Development Corporation tract the following courses and distances; With a curve to the right, having a radius of 326.95 feet, with a chord bearing and distance of South 47°27'39" East, 139.59 feet and an arc length of 140.67 feet to a 1/2" iron rod found; South 30°16'27" East, a distance of 49.56 feet to a 1/2" iron rod found; South 23°41'41" East, a distance of 88.02 feet to a 1/2" iron rod found; South 19°18'58" East, a distance of 89.99 feet to a capped 1/2" iron rod stamped "KAZ" found; With a curve to the right, having a radius of 439.61 feet, with a chord bearing and distance of South 09°17'39" East, 108.49 feet and an arc length of 108.76 feet to a capped 1/2" iron rod stamped "Eagle Surveying" set; South 00°14'46" West, a distance of 160.11 feet to a 1/2" (bent) iron rod found at the Southeast corner of said Sanger Texas Industrial Development Corporation tract and being in the North right-of-way line of Boliver Street (variable width right-of-way); Thence South 86°46'49" West with the South line of said 4.4798 acre tract and with the North right-of- way line of said Boliver Street, a distance of 333.88 feet to a capped 1/2" iron rod stamped "EAGLE SURVEYING" set; Thence over and across said 4.4798 acre tract the following courses and distances; 107 North 01°30'17" West, a distance of 249.97 feet to a capped 1/2" iron rod stamped "EAGLE SURVEYING" set; South 86050'23" West, a distance of 9.19 feet to a 1/2" iron rod found at an angle point in the West line of said 4.4798 acre tract; Thence North 03°36'46" West continuing with the West line of said 4.4798 acre tract passing at 279.83 feet a 1/2" iron rod found at the Northeast corner of Lot 1, Block 8 of the Original Town of Sanger, recorded in Volume 48, Page 630 of the Deed Records of denton County, Texas and being in the South right-of-way line of said Pecan Street continuing on said course a total distance of 294.63 feet to the POINT OF BEGINNING and containing 3.89 acres of land, more or less. M SECTION 24 "B-3" CENTRAL BUSINESS DISTRICT General Purpose and Description: The "B-3" district is intended to provide a zoning category to meet the special needs and interests of the historically central commercial area of the community. A variety of commercial uses are permitted although all permitted activities are conducted within a building or structure. 24.1 Use Regulations: A building or premises] shall be used only for the following purposes: 1. Uses permitted in the B-1 district. 2. Single-family residential attached and multifamily dwellings. 3. Other uses as listed in Section 30 of this ordinance [exhibit]. 24.2 Height Regulations: No building shall exceed thirty-five (35) feet in height, except cooling towers, vent stacks or mechanical equipment rooms may project not more than twelve (12) feet beyond maximum building height. 24.3 Area Regulations: 1. Size of Yard: a. Front Yard: None required. b. Side Yard: None required, except where a B-3 district abuts a residential district in which case a minimum side yard of ten (10) feet shall be provided. The side yard setback from a side street shall be fifteen (15) feet. c. Rear Yard: None required, except where a B-3 district abuts a residential district (whether separated by an alley or not) in which case a minimum back yard of ten (10) feet shall be provided. 2. Size of Lot: a. Minimum Lot Size: None. b. Minimum Lot Width: None. C. Minimum Lot Depth: None. 3. Lot Coverage: The maximum lot coverage by buildings shall be one hundred (100) percent of the lot area. 24.4 Parking Requirements: Off-street parking and loading shall be provided as set forth in Section 32, with the first twenty (20) required off-street parking spaces being subtracted from the total number required. 24.5 Architectural Standards: The exterior design of buildings within the district shall feature the architectural elements identified within Chapter 8 Heritage Preservation of the 2007 Comprehensive 109 Land Use Plan. Existing exterior details shall be preserved whenever possible. New structures shall replicate the style, scale, placement, awnings, and canopies of existing buildings within the same block whenever possible. (Ordinance 02-04-10 adopted 2/1/10) 24.6 Architectural Review: Applications for a building permit or other required permit for construction work within the district must be reviewed and approved for compliance with the Architectural Standards prior to issuance. A minor project is an alteration that does not remove or conceal the heritage elements. A major project is one that removes or conceals heritage elements, one that adds contrasting elements, and/or a new structure greater than 200 square feet. The design of minor projects can be approved by the Director of Development Services. Designs which cannot be approved by the Director must be forwarded to the Historic Preservation Commission for consideration. The Director can forward a proposed design to the Historic Preservation Commission for any reason. Major projects must be reviewed by the Planning and Zoning Commission, and approved prior to issuance of a building permit. The Commission shall also review minor projects forwarded by the Director of Development Services. The Commission can make a finding of conformance with Architectural Standards and approve the design for issuance of a permit. Denial of a proposed design for lack of conformance with the Architectural Standards may be appealed by the applicant to the City Council. (Ordinance 01-03-15 adopted 1/20/15) 110 SECTION 25 "I-1" INDUSTRIAL DISTRICT General Purpose and Description: The 1-1 District is established to accommodate those uses which are of a non -nuisance type located in relative proximity to residential areas, and to preserve and protect lands designated on the comprehensive plan for industrial development and use from the intrusion of certain incompatible uses which might impede the development and use of lands for industrial purpose. Development in the 1-1 District is limited primarily to certain wholesale and jobbing commercial uses and certain industrial uses, such as the fabrication of materials, and specialized manufacturing and research institutions, all of a non -nuisance type. No use or types of uses specifically limited to the 1-2 District may be permitted in the 1-1 District. 25.1 Use Regulations: Uses permitted in the 1-1 District are subject to the following conditions: 1. All business, servicing, or processing, except for off-street parking, off-street loading, display of merchandise for sale to the public, and establishments of the "drive-in" type, shall be conducted within completely enclosed areas. 2. All storage within one hundred feet (100') of a residence district, except for motor vehicles in operable condition, shall be within completely enclosed buildings or effectively screened with screening not less than six feet (6') nor more than eight feet (8') in height, provided no storage located within fifty feet (50) of such screening shall exceed the maximum height of such screening. 3. Permitted uses in the 1-1 District shall not disseminate dust, fumes, gas, noxious odor, smoke, glare, or other atmospheric influence. 4. Permitted uses in the 1-1 District shall produce no noise exceeding in intensity, at the boundary of the property, the average intensity of noise of street traffic. 5. Permitted uses in the 1-1 District shall not create fire hazards on surrounding property. Permitted uses in the 1-1 District include the following: 1. Advertising products, such as signs and billboards (manufacturing of). 2. Ambulance, bus, train, and taxi stations, truck yards; 3. Awnings, Venetian blinds, and window shades (manufacturing of); 4. Bakery, candy, dairy and other food products, but not including fish and meat products, sauerkraut, vinegar, yeast, alcohol or alcoholic beverages; 5. Building materials yard, contractor's yard, lumberyard; 6. Cameras and other photographic equipment (manufacturing of); 7. Ceramic products, such as pottery, figurines, and small glazed tiles; 8. Ice plants, cold storage plants; III 9. Jewelry; 10. Machine shops and fabrication of metal not more than ten (10) gauge in thickness; 11. Metal stamping and extrusion of small products, such as costume jewelry, pins and needles, razor blades, bottle caps, buttons, and kitchen utensils; 12. Milk and ice cream processing. 13. Mobile home sales. 14. Musical instruments; 15. Orthopedic and medical appliances, such as artificial limbs, braces, supports, and stretchers; 16. Repair of farm, household, office machinery or equipment; 17. Scientific and precision instruments (manufacturing of); 18. Sheet metal shops; 19. Public utility and public service uses as follows: (a) Bus stations, bus terminals, bus turnaround (off-street), bus garages, and bus lots; (b) Electric substations; (c) Radio and television towers; (d) Railroad passenger stations; (e) Telephone exchanges, microwave relay towers, telephone transmission equipment buildings and service yards; (f) Privately owned water pumping stations and water reservoirs; 20. Radar installations and towers; 21. Radio and television studios and stations; 22. Schools, trade. 23. Storage and warehousing establishments. 24. Storage yards, but not including junkyards, 25. Swimming pool (manufacturing of). 26. Trailer sales and rental, for use with private passenger motor vehicles; 27. Weighing stations; 28. Wholesaling establishments; 29. Accessory uses, including but not limited to temporary buildings for construction purpose for a period not to exceed the duration of such construction; 30. Other wholesale, light manufacturing, construction or service uses which are similar in character 112 to those enumerated in this subsection, and which will not be dangerous or otherwise detrimental to persons residing or working in the vicinity thereof, or to the public welfare, and will not impair the use, enjoyment, or value of any property; 31. Factory outlet retail or wholesale store for the sales and servicing of goods or materials on the same premises as the manufacturing company to which they are related, including sales and service in a separate building or buildings; 32. Other uses as listed in Section 30 of this ordinance. The following specific uses shall be permitted in the 1-1 District when granted in accordance with Section 31: 1. Railroad freight terminals, railroad switching and classification yards, repair shops, and roundhouses. 2. Stadiums, auditoriums, and arenas. 3. Other uses as listed in Section 30 of this ordinance. (Ordinance 015-87 adopted 813187) 25.2 Height Regulations: Maximum height of two hundred feet for radio communications towers, and one hundred (100) feet for all other structures. (Ordinance 08-28-11 adopted 8/1/11) 25.3 Area Regulations: 1. Size of Yards: a. Front Yard: Minimum required, twenty (20) feet. b. Side Yard: Minimum side yard of ten (10) feet except a corner lot adjacent to a street shall be twenty (20) feet. When the industrial district is adjacent to any residential district, a minimum side yard of twenty (20) feet shall be observed and a six (6) foot solid masonry or wood wall shall be constructed adjacent to the residential district's property line. C. Rear Yards: There shall be a rear yard of depth of twenty (20) feet, unless adjacent to a residential district, in which case a fifty (50) foot rear setback shall be observed. 2. Size of Lot: a. Minimum Lot Area: None. b. Minimum Lot Width: None. C. Minimum Lot Depth: None. 3. Lot Coverage: In no case shall more than fifty (50%) percent of the lot area be covered by the aggregate area of all buildings constructed on the lot. 25.4 Parking Regulations: Required off-street parking shall be provided in accordance with the specific uses set forth in Section 32. 113 SECTION 26 "1-2" HEAVY INDUSTRIAL DISTRICT General Purpose and Description: The 1-2 District is established to accommodate most industrial uses and protect such areas from the intrusion of certain incompatible uses which might impede the development and use of lands for industrial purposes. 26.1 Use Regulations: Uses permitted in the 1-2 District are subject to the following conditions: 1. All business, servicing, or processing, except for off-street parking, off-street loading, display or merchandise for sale to the public, and establishments of the "drive-in" type, shall be conducted within completely enclosed buildings unless otherwise indicated. 2. All storage within one hundred feet (100) of a residential district, except for motor vehicles in operable condition, shall be within completely enclosed buildings or effectively, screened with screening not less than six feet (6) nor more than eight feet (8) in height, provided no storage located within fifty feet (50) of such screening shall exceed the maximum height of such screening. Uses Permitted: The following uses shall be permitted: 1. Automobile, airplane and other similar assembling; 2. Boat -building of small craft and other similar assembling; 3. Bottling or distribution plants, milk or soft drinks; 4. Cartage establishments; 5. Concrete products casting, mixing and products manufacture; 6. Cosmetics and toiletries, drugs, perfumes, and perfumed soaps, and pharmaceutical products (manufacturing of); 7. Electrical appliances, such as lighting fixtures, irons, fans, and toasters (manufacturing of); 8. Electrical equipment assembly, such as home radio and television receivers and home -movie equipment, but not including electrical machinery; 9. Electrical supplies manufacturing and assembly, such as wire and cable assembly, switches, lamps, insulation and dry -cell batteries; 10. Electronic instruments (manufacturing of); 11. Feed mixing and grinding plants; 12. Foundry or metal fabrication; 13. Furniture refinishing using a manufacturing or chemical dipping process; 14. Insecticide and pesticide products, packaging only; 114 15. Meat product processing; 16. Medical, dental, and optical supplies (manufacturing of); 17. Metal finishing, plating, grinding, sharpening, polishing, cleaning, rust proofing, and heat treatment; 18. Monument works; 19. Motor freight terminal; 20. Photo finishing associated with a manufacturing process; 21. Railroad freight terminals, railroad switching and classification yards, repair shops, and roundhouses; 22. Shell egg business, candling, cartonings and distributing; 23. Silverware, plate and sterling (manufacturing of); 24. Tire manufacture; 25. Gas regulator stations, mixing stations and gate stations, 26. All other facilities for the manufacturing, fabrication, processing or assembly of products, provided that such facilities are not detrimental to the public health, safety or general welfare, and further provided that the following performance standards and city ordinances are met: a. Smoke: No operation shall be conducted unless it conforms to the standards established by any applicable state and federal health rules and regulations pertaining to smoke emission; b. Particulate Matter: No operation shall be conducted unless it conforms to the standards established by applicable state and federal health rules and regulations pertaining to emission of particulate matter; C. Dust, Odor, Gas, Fumes, Glare or Vibration: No emission of these matters shall result in a concentration at or beyond the property line which is detrimental to the public health, safety or general welfare or which causes injury or damage to property; sand emissions shall in all cases conform to the standards established by applicable state and federal health rules and regulations pertaining to said emissions; d. Radiation Hazards and Electrical Disturbances: No operation shall be conducted unless it conforms to the standards established by applicable state and federal health rules and regulations pertaining to radiation control; e. Noise: No operation shall be conducted in a manner so that any noise produced is objectionable due to intermittence, beat frequency or shrillness. Sound levels of noise at the property line shall not exceed 75 DB (A) permitted for a maximum of fifteen (15) minutes in any one (1) hour, said operation shall in all cases conform to the standards established by applicable state and federal health rules and regulations and to other city ordinances pertaining to noise; and 115 f. Water Pollution: No water pollution shall be emitted by the manufacturing or other processing. In a case in which potential hazards exist, it shall be necessary to install safeguards acceptable to the appropriate State and national health and environmental protection agencies prior to issuance of a certificate of occupancy. The applicant shall have the burden of establishing that said safeguards are acceptable to said agency or agencies. 27. Other uses as listed in Section 30 of this ordinance. The following specific uses shall be permitted in the 1-2 District when granted in accordance with Section 31: 1. Uses as listed in Section 30 of this ordinance. 2. Other manufacturing and industrial uses which do not meet the general definition for manufacturing processes permitted by the City Council after public hearing and review of the particular operational characteristics of each such use, and other pertinent data affecting the community's general welfare. Approval of uses under this subsection shall be made in accordance with Section 31. 26.2 Height Maximum height one hundred (100) feet. 26.3 Area Regulations: 1. Size of Yards: a. Front Yard: There shall be a front yard having a required depth of twenty (20) feet. b. Side Yard: There shall be a side yard on each side of the lot having a width of not less than ten (10) feet. The minimum side yard depth on a corner lot adjacent to a street shall be twenty (20) feet. When the industrial district is adjacent to any residential district, a minimum side yard of twenty (20) feet shall be observed and a six (6) foot solid masonry or wood wall shall be constructed adjacent to the residential district's property line. C. Rear Yards: There shall be a rear yard having a required depth of not less than twenty (20) feet, unless adjacent to a residential district, in which case a fifty (50) foot rear setback shall be observed. 2. Size of Lot: a. Minimum Lot Area: None. b. Minimum Lot Width: None. C. Minimum Lot Depth: None. 3. Lot Coverage: In no case shall more than fifty (50%) percent of the lot area be covered by the aggregate area of all buildings constructed on the lot. 26.4 Parking Regulations: Required off-street parking shall be provided in accordance with the specific uses set forth in Section 32. 116 BANGER *TEXAS COUNCIL AGENDA ITEM AGENDA TYPE ® Regular ❑ Special ❑ Consent Reviewed by Finance ❑ Yes Not Applicable ❑ Workshop ❑ Executive ® Public Hearing Reviewed by Legal I Yes Not Applicable Council Meeting Date: Submitted By: December 3, 2018 Muzaib Riaz, Planner, Development Services City Manager Reviewed/Approval Initials Date �� 3 0 X ACTION REQUESTED: ❑ ORDINANCE ❑ RESOLUTION # ❑ APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ®OTHER Public Hearing AGENDA CAPTION Conduct a Public Hearing regarding a Zoning Change From A Agricultural District to B-2 Business District-2 for 0.258 Acres of the 57.74 Acres Tract of Land, Described as A1241 TIERWESTER TR 57 (PT) OLD DCAD SHT 5, TR 6 and Generally Located Approximately 185 Feet East of Sanger West Blvd and Approximately 45 Feet North East of Acker Street. FINANCIAL SUMMARY ®NIA [:]GRANTFUNDS ❑OPERATING EXPENSE ❑REVENUE ❑CIP ❑BUDGETED ❑NON -BUDGETED BACKGROUND/SUMMARY OF ITEM The applicant is proposing a zoning change from A Agricultural to B-2 Business District-2 for 0.258 acres of property, being a part of 57.74 acres of tract of land. The. purpose of this rezoning is to allow development of site with additional parking for O'Reilly Auto Parts located immediately east of the subject property. The proposed additional parking will compensate for the parking spaces lost due to FM 455 expansion. The subject property is not platted at this time. The applicant is planning to submit a plat application for the subject property on the next project application submittal date. STAFF OPTIONS & RECOMMENDATION See Staff Report. List of Supporting Documents/Exhibits Attached: Prior Action/Review by Council, Boards, Commissions or Other Agencies: The Planning & Zoning Commission conducted a public hearing on November 6, 2018 and recommended approval (6-0) of the proposed rezoning. 117 BANGER *TEXAS COUNCIL AGENDA ITEM AGENDA TYPE 0 Regular ❑ Special ❑ Consent Reviewed by Finance ❑ Yes M Not Applicable ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal Yes X Not Applicable Council Meeting Date: Submitted By: December 3, 2018 Muzaib Riaz, Planner, Development Services City Manager Reviewed/Approval Initials Date ACTION REQUESTED: M ORDINANCE 12-31-18 ❑ RESOLUTION # ® APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS [—]OTHER AGENDA CAPTION Consider, Discuss and Act on Ordinance 4 12-31-18 Regarding a Zoning Change From A Agricultural District to B-2 Business District-2 for 0.258 Acres of the 57.74 Acres Tract of Land, Described as A1241 TIERWESTER TR 57 (PT) OLD DCAD SHT 5, TR 6 and Generally Located Approximately 185 Feet East of Sanger West Blvd and Approximately 45 Feet North East of Acker Street; Providing for a Severability Clause; Providing for a Penalty of Fine in Accordance with Section 1.109 of the Code of Ordinances for Violations; and Providing for an Effective Date. FINANCIAL SUMMARY MN/A []GRANTFUNDS ❑OPERATING EXPENSE []REVENUE ❑CIP ❑BUDGETED ❑NON -BUDGETED BACKGROUND/SUMMARY OF ITEM The applicant is proposing a zoning change from A Agricultural to B-2 Business District-2 for 0.258 acres of property, being a part of 57.74 acres of tract of land. The purpose of this rezoning is to allow development of site with additional parking for O'Reilly Auto Parts located immediately east of the subject property. The proposed additional parking will compensate for the parking spaces lost due to FM 455 expansion. The subject property is not platted at this time. The applicant is planning to submit a plat application for the subject property on the next project application submittal date. STAFF OPTIONS & RECOMMENDATION See Staff Report List of Supporting Documents/Exhibits Attached: Prior Action/Review by Council, Boards, Commissions or Other Agencies: • Staff Report • Location Map The Planning & Zoning Commission conducted a public • Application hearing on November 6, 2018 and recommended approval • Letter of Intent (6-0) of the proposed rezoning. • Draft Ordinance # 12-31-18 • Exhibit A: 0.258 Acre Property Description • Exhibit B: Zoning Exhibit • Site Plan 118 SANGER CITY COUNCIL STAFF REPORT �4 TEXAS Meeting Date: December 3, 2018 Case #: 18SANZON-0061 Case Coordinator: Muzaib Riaz, Planner, Development Services Request: Conduct a Public Hearing and Consider, Discuss and Act on Ordinance # 12-31-18 Regarding a Zoning Change From A Agricultural District to B-2 Business District-2 for 0.258 Acres of the 57.74 Acres Tract of Land, Described as A1241 TIERWESTER TR 57 (PT) OLD DCAD SHT 5, TR 6 and Generally Located Approximately 185 Feet East of Sanger West Blvd and Approximately 45 Feet North East of Acker Street; Providing for a Severability Clause; Providing for a Penalty of Fine in Accordance with Section 1.109 of the Code of Ordinances for Violations; and Providing for an Effective Date. Applicant: Paul Engel, PE; O'Reilly Auto Enterprise, LLC. Case Overview The applicant is proposing a zoning change from A Agricultural to B-2 Business District-2 for 0.258 acres of property, being a part of 57.74 acres of tract of land. The purpose of this rezoning is to allow development of site with additional parking for O'Reilly Auto Parts Iocated immediately east of the subject property. The proposed additional parking will compensate for the parking spaces lost due to FM 455 expansion. The subject property is not platted at this time. The applicant is planning to submit a plat application for the subject property on the next project application submittal date to create a separate lot for the property being rezoned. Surrounding Land Uses Direction Land Use Zoning North Pasture Agricultural (A) East Commercial Business District 2 (B-2) South Residential Agricultural (A) West Pasture Agricultural (A) 119 Elements to Consider In malting its recommendation to the City Council concerning a proposed zoning map amendment, the Planning and Zoning Commission considered the following factors: 1. Whether the uses permitted by the proposed change will be appropriate in the immediate area concerned and their relationship to the general area and the City as a whole. 2. Whether the proposed change is in accord with any existing or proposed plans for providing public schools, streets, water supply, sanitary sewers and other utilities to the area and shall note the findings. The amount of vacant land currently classified for similar development in the vicinity and elsewhere in the City, and any special circumstances which may make a substantial part of such vacant land unsuitable for development. 4. The recent rate at which land is being developed in the same zoning classification as the request, particularly in the vicinity of the proposed change. 5. The manner in which other areas designated for similar development will be, or are likely to be, affected if the proposed amendment is approved, and whether such designation for other areas should also be modified. 6. Any other factors which will substantially affect the public health, safety, morals or general welfare. Staff Analysis The proposed rezoning is in conformance with the Comprehensive Land Use Plan and the Future Land Use Map. The existing Future Land Use Map (FLUM) designates the subject properties as Commercial. According to the Comprehensive Land Use flan, Commercial uses are to be situated along major and minor corridors and along specific intersections in order to limit traffic from entering into residential areas. Staff recommends APPROVAL of the proposed rezoning. Planninft & Zonine Commission Recommendation The Planning & Zoning Commission APPROVED (6-0) the proposed rezoning from "A" Agricultural to "B-2" Business District-2 for the subject property. Notification Response Form Staff mailed nineteen (19) public hearing notices to the owners of properties within 200 feet of the subject property. No responses were received at the time of this report. 120 Attachments • Location Map • Application • Letter of Intent • Draft Ordinance # 12-31 - 18 • Exhibit A: 0.258 Acre Property Description • Exhibit S: Zoning Exhibit • Site Plan 121 R128331 R7'a,T 4W R128323 R128329 iu t w R'128324 R727456 R12032g r R123327 R128325 R56374 R77077 R677065 R184931 i 3382 4548 R131208� 4545 U 69 1 Y 69 1 Pi-j �E fi 0 69 56 CJ.I4iIIL��rrillC�r���'-�<.7 IF 14 , R145531 R56482 Sa11gerr48-� R113124 R84585 R56479 R 1159 7ti 1611 38297 OR253748 3 R20399 45�"� B45 uI R2 52 30966 4,95 65 3 R 6b 1 545 45ki5LR2t5458 5 10 FR20,332B R2433V 652Lu 697 i 69, R238919 T'R243329WITY CIR2 292697 3 69 R584866971R238918 R20R5848933V4 O'Reilly Auto Parts - Rezoning DEPARTMENT OF R I TE DEPARTM NT OF es � Y This product is for informational purposes and may not have been prepared for or be su ilablefor legal, engineering, or surveying purposes. It does not represent an on -the -ground 0 237.5 475 950 survey and represents only the approximate 1. Feet relative bcation of property boundaries. Mrdorr County does not guarantee the correctness http://www. de nton co unty. accuracy ()ferry features on this product and eo m i �I mor assumes no responsibility in connection lherewith. This product may be revised at any time w0out ❑eNTON couNry notification to any user. zoning Change Specific Use Permit Anallcant Owner (if different frnm annlltantl Name: Scott Kraus represented by Paul Engel, PE Name: Mike Stole company: OfReilly Auto Enterprises, LLC Company: PAC Group LTD Address: 233 S Patterson Ave Address: 1801 Hinkle Dr, Suite 150 city, Stag, Z.ip Springfield, MO 65802 City, State, zip Denton, TX 76201 P"One: 417-866-2741 attn: Paul Engel Phone: 940-891-4223 Fax: 417-866-2778 attn: Paul Engel Fax: Email: pengel@andersonengineeringinc:.com Email: Submittal Checklist K Site Plan for 5 ecific Else Permits Only) X Letter of Intent x Application Fee Check PaVable to City of Sanger) I certify that i am the legai owner of the above referenced property and that to the best of my knowledge this Is a true description of the property upon which I have requested the above checked action. I designate the applicant listed as my representative. Describe the subject property (address, Describe the proposed zoning than a or Specific Use Permit (SUP): The proposed Zoning 8hange is B-2 from A for a new parking lot to serve the existin owner signature /G r l S ---• f R— Date 1( 12 !g Applicant Signature [late Office Use Fee iyale 123 ANDERSON ENGINEERING AndersonEngin eeringInc.com 2045 W Woodland St Springfield, MO 65807 EMPLOYEE OWNED 417-866-2741 October 17, 2018 Muzaib Riaz, Planner Development Services The City of Sanger, TX 201 Bolivar St, Sanger, TX 76266 (940) 458-2059 mriazfcbsangertexas.org SUBJECT: LETTER OF INTENT FOR ZONING CHANGE TO B-2 PROPOSED PARKING ADDITION FOR O'REILLY AUTO PARTS STORE AT 1501 W CHAPMAN DR, SANGER, TX This Letter of Intent describes and justifies the proposed zoning change of the -0.31 acres SE corner of the 57.7 acre 1609 W Chapman Dr property from Agricultural (A) to Business (B-2) for a new parking lot addition to serve the existing O'Reilly Auto Parts store at 1501 W Chapman Dr in Sanger, TX. We are requesting to be on the November 121h Planning Commission & the December 31d City Council Agendas. The area of zoning change is the 75' x 180' (0.31 acres) SE corner of the parent tract - refer to attached Exhibit A for proposed concept Parking Lot Addition plan. AREA PROPOSED TO BE REZONED Legal Description: A1241A TIERWESTER, TR 57(PT), 57.74 ACRES, OLD DCAD SHT 5, TR 6 Physical Address: 1609 W Chapman Dr, Sanger, TX Location: Directly West of O'Reilly Auto Parts at 1501 W Chapman Dr, across from Acker St Denton Central Appraisal District Reference #: 56489 Acreage of portion of property -0.31 acres Description of portion of property beinq rezoned: 0,31 acres of SE corner, 75' offset from East property line with 180' depth. Current Zoning District: Agricultural (A) per 6/24/2017 Sanger Zoning Map Proposed Zoning District: Business (B-2) Current property condition: Vacant grass field ZONING CHANGE REQUEST CRITERIA Reason for Rezoning request: TXDOT is taking property from the existing O'Reilly Auto Parts store resulting in the loss of the front head -out parking area. This taking of property by TXDOT places an undue burden upon O'Reilly Auto Parts. As a result, the new parking lot addition to the West is needed to offset the area lost to TXDOT. The vacant grass field is currently zoned A and the City of Sanger requires a zoning to match the use served by the parking lot; therefore, a rezoning to B-2 is requested APPLICANT CONTACT INFORMATION Paul Engel, PE representing O'Reilly Auto Enterprises, LLC pengel(@andersonengineeringinc.com 417-866-2741 We rate your assistance completing the rezoning process. Thank you. Al Paul En eI PE Vice -Pr s'dent ORDINANCE # 12-31-18 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP ESTABLISHED THROUGH CHAPTER 14 "PLANNING AND ZONING" OF THE CODE OF ORDINANCES, EXHIBIT A "ZONING ORDINANCE OF THE CITY OF SANGER, TEXAS", AND SECTION 4 "ZONING DISTRICT MAP", TO REZONE APPROXIMATELY 0.258 ACRES OF LAND FROM "A" AGRICULTURAL TO "B-2" BUSINESS DISTRICT-2; 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. WHEREAS, all Requests for Changes in Zoning Classifications were duly filed with the City of Sanger, Texas, concerning the hereinafter described properties; WHEREAS, due notice of hearings were made in the time and manner prescribed by law and the Planning and Zoning Commission of the City of Sanger, Texas, duly covered and conducted public hearing for the purpose of assessing zoning classification changes on the hereinafter described properties located in the City of Sanger, Texas; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: SECTION 1. That a certain approximately 0.258-acre site as described in Exhibit A, and generally located approximately 185 feet east of Sanger West Boulevard and approximately 45 feet north east of Acker Street is subject to this ordinance. SECTION 2. The zoning classification on the herein above described property is hereby changed from "A" Agricultural to "B-2" Business District-2 as illustrated in Exhibit B. SECTION 3. All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. SECTION 4. 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 5. 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. 125 SECTION G. 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. 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 126 EXHIBIT A: Ordinance # 12-31-18 nominion Engineering Associates, L.C. Legal Description For Additional Property O'Reilly Auto Enterprises, LLC Site 1501 W. Chapman Drive Sanger, TX ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN IN THE HENRY TIERWESTER SURVEY, A-1241, DENTON COUNTY, TEXAS, BEING A 0.258 ACRE PORTION OF "TRACT 1" DESCRIBED IN THAT WARRANTY DEED RECORDED IN D.C.C.I. NO. 2001-6340M, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE 5/8 INCH CAPPED IRON ROD WITH ORANGE CAP MARKED "RPLS 5236" FOUND MARKING NORTHWEST CORNER OF THAT TRACT OF LAND DESCRIBED IN A DEED TO O'REILLY AUTOMOTIVE, INC., RECORDED IN INSTRUMENT NO.2007- 99372, OFFICIAL RECORDS, DENTON COUNTY, TEXAS, SAID POINT ALSO BEING ON THE EAST LINE OF SAID "TRACT 1"; THENCE ALONG THE EAST LINE OF SAID "TRACT I", BEING ALSO THE WEST LINE OF SAID TRACT OF LAND DESCRIBED IN A DEED TO O'REILLY AUTOMOTIVE, INC., SOUTH 01-40'32" WEST 151.69 FEET TO A 5/8 INCH CAPPED IRON ROD WITH PINK PLASTIC CAP MARKED "TXDOT SURVEY MARKER, RIGHT-OF-WAY MONUMENT" FOUND MARKING THE NORTHEAST CORNER OF THAT 88,460 SQUARE FOOT PARCEL OF LAND SHOWN ON THAT "A PLAT OF SURVEY OF PARCEL 73 FOR FARM TO MARKET HIGHWAY 455 — A 88,460 SQ. FT. (2.0308 AC.) TRACT OF LAND IN THE HENRY TIERWESTER SURVEY ABSTRACT NO. 1241 CITY OF SANGER, DENTON COUNTY, TEXAS, MARCH 30, 2017", BY SPOONER & ASSOCIATES, INC., TBPLS FIRM NO. 10054900, AND A POINT OF NON -TANGENCY WITH A 982.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY (THE RADIUS POINT BEARING NORTH 02°48'08" EAST); THENCE WESTERLY ALONG THE NORTHERLY LINE OF SAID 98,460 SQUARE FOOT PARCEL OF LAND, BEING THE NORTHERLY RIGHT OF WAY LINE OF FARM TO MARKET HIGHWAY NO.455, AND ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 04043'04" AND AN ARC LENGTH OF 75.14 FEET, TO THE WEST LINE OF THE EAST 75.00 FEET OF SAID "TRACT I"; THENCE ALONG SAID LINE, NORTH 01 "40' 32" EAST 147.10 FEET TO THE WESTERLY EXTENSION OF THE NORTH LINE OF SAID DEED TO O'REILLY AUTOMOTIVE, INC.; THENCE ALONG SAID LINE, SOUTH 88030' 17" EAST 75.00 FEET TO THE POINT OF BEGINNING. CONTAINS 11,241 SQUARE FEET OR 0.258 ACRE, MORE OR LESS. DESCRIPTION PREPARED BY 0 1. • rF .9TAMES V. WEHDE, PLS TEXAS REGISTRATION NO. 6133 1. •• ••••• ••• ENT•10 fl WEST LAND SURVEYING ............... & MAPPING, INC. I33410 S FOREST GLEN BLVD.�s POST FALLS, ID 83854 S UR 10115118 5684 S. Green Street Murray, Utah 84123 • (801)713-3000 • FAX (801)713-3030 127 EXHIBIT B: Ordinance # 12-31-18 N Zoning Exhibit - Oreilly Auto Parts Parking Rezone BANGER Case #: 18SANZON-0061 DM= IMEA: W E �{ Thla mapwaa yererel ed by( a1.S data pmtided Ordinance TT. 6 Ne& gxr 0.9f pall to .C4 * TE%a1 S Saiyerdcea nol gwrertee the carre Gres or mwary of aey leaeres en ttys rrep_ Them map 0 50 100 200 Feet pn,a�a9 are fer ilwrauwrP�ezanly end S de mt.Wa*W aiacptt Rcdad an nti Fng. GBa Is anb{eRbw�#anl �har�yp9, aid may ro1 ne cempictc, aocvale a c�cnr. 128 PROPOSED PARKING ADD PROPOSED PROPERTY LINE W R'aw r[n;Y er�u.w1 1501 cHAPMAN MPo h1M�EPaw.ry11&x410., �gMIESETRY1fge.Ul0.U1:I101A �5�--.—_ — IPCR LIlY0.�`J1UFA1 �pjl sS- 55 ..—_ __ O"REILLY AUTO PARTS; CHAPMAN OR, SANGER, TX EXHIBIT A. CONCEPT PARKING LOT ADDITION PLAN 129 BANGER *TEXAS MONTHLY FINANCIAL REPORT October 31, 2018 This is the financial report for the period ended October 31, 2018. Revenues and expenditures reflect activity from October 1, 2018 through October 31, 2018 or eight percent (8%) of the fiscal year. GENERAL FUND • The General Fund has collected five percent (5%) of projected revenues. All revenues are performing within projections. Property taxes are historically very low in October, as 90% of property taxes are collected between December 1st through February 28th. • Year to date General Fund expenditures are nine percent (9%) of the annual budget. All expenditure categories are within projections. Some expenditures are higher becasue some annual purchase orders are issued in October for the entire year. ENTERPRISE FUND • The Enterprise Fund has collected eight percent (8%) of projected revenues. All revenue categories are performing within projections. • Year to date Enterprise Fund expenditures are seven percent (7%) of the annual budget. All expenditure categories are within projections. Some expenditures are higher becasue some annual purchase orders are issued in Octoberfor the entire year. Combined General & Enterprise Fund Expenditures by Classification Expenditure Category Annual Budget Expenditures & Percent of Encumbrances Budget Salaries & Benefits Supplies & Materials Maintenance & Operations Contract Services Utilities Capital Expenses Debt Service Other Department Expense Transfers Total $ 6,110,292 $ 475,577 8% 592,054 30,697 5% 7,189,809 518,566 7% 1,948,074 448,882 23 % 524,050 36,245 7% 542,822 12,481 2 % 1,759,439 - 0% 117,906 321 0% 1,032,720 29,810 3% $ 19,817,166 $ 1,552,579 8% Page 1 of 11 130 CITY OF SANGER, TEXAS GENERAL FUND REVENUE & EXPENDITURES October 31, 2018 Annual Year to Date % of I Budget Balance Budget Actual Budget Operating Revenues Property Taxes $ 3,631,116 $ 57,914 2% $ 3,573,202 Sales & Beverage Taxes 905,000 72,389 8% 832,611 Franchise Fees 851,668 84,736 10% 766,932 Solid Waste 850,500 74,212 9% 776,288 Licenses & Permits 363,070 18,685 5% 344,385 Fines & Forfeitures 112,000 5,804 5% 106,196 Department Revenues 897,893 97,533 11% 790,360 Interest & Miscellaneous 81,500 1 770 2% 79,730 413,043 5% 7,269,704 Total Operating Revenues 7,682,747 Operating Expenditures Administration 609,320 90,981 15% 518,339 Police & Animal Control 1,836,453 143,903 8% 1,692,550 Fire & Ambulance 1,602,234 93,635 6% 1,508,599 Municipal Court 199,095 12,050 6% 187,045 Development Services 422,852 30,587 7% 392,265 Streets 748,689 45,816 6% 702,873 Parks & Recreation 668,058 161,973 24% 506,085 Library 290,499 24,250 8% 266,249 Solid Waste 770,000 68 057 9% 701943 671,252 9% 6,475,948 Total Operating Expenditures 7,147,200 Revenues Over (Under) Expenditures 535,547 (258,209) 793,756 Transfers Transfer In From Enterprise Fund - - 0% - Transfer In From Enterprise Fund - PILOT 85,000 7,083 8% 77,917 Transfer In From Debt Service Fund 129,352 - 0% 129,352 Transfer Out To Capital Projects Fund (675,000) 0% 675 00D 7,083 (467,731) Total Transfers (460,648) Net Change in Fund Balance $ 74,899 $ (251,126) $ 326,025 1,745,609 Fund Balance, Beginning of Year 11745,609 - 1494 483 Fund Balance, End of Year 1 820 508 326,025 General Fund Revenues: Actual to Budget Property Taxes Sales & Beverage Taxes 8% T Franchise Fees _ 10% Solid Waste 9%° Other Revenues 9% 0% 25% 50% 75% 100% Administration Police & Animal Control Fire & Ambulance Municipal Court Development Services Streets Parks & Recreation Library Solid Waste General Fund Expenditures: Actual to Budget 0% 25% 50% 75% 100% uYTp Actual uBudget u YTD Actual 0 8udgel Pago 2 of 11 131 CITY OF SANGER, TEXAS GENERAL FUND 3-YEAR REVENUE TRENDS October 31, 2018 PROPERTY TAX REVENUE $3,500,000 $3,250,000 $3,000,000, $2,750,000 $2,500,000 i $2,250,000 $2,000,000 $1,750,000 0 2018-2019 $1,500, 000 $1,250,000 W 2017-2018 $1,000, 000 A 2016-2017 $750,000 $500,000 $ 250, 000 $ LQu— �ec>J�A J5; met � e�eF e SALES & BEVERAGE TAX REVENUE $900,000 $s00,000 $700,000 — — - $ 600, 000 $500,000 $400,000 0 2018-2019 $300,000 I V 2017-2018 I I $200,000 o 2016-2017 $100,000 mww !; e�YJa�A e FRANCHISE FEE REVENUE $900,000 $800,000 $700,000 $600,000 $500,000 O 2018-2019 $400,000 $300,000 m 2017-2018 $ 200,000 W 2016-2017 $100,000 `Ja�A air� �`' �q�e oeee la der � e Page 3 of 11 132 CITY OF SANGER, TEXAS ENTERPRISE FUND REVENUE & EXPENDITURES October 31, 2018 Operating Revenues Water Wastewater Electric Penalties & Fees Interest Miscellaneous Total Operating Revenues Operating Expenditures Administration Water Wastewater Electric Debt Service Total Operating Expenditures Revenues Over (Under) Expenditures Transfers Out Transfer to General Fund Transfer to 4A Transfer to WW CIP Reserve Transfers to Storm Recovery Fund Transfer to General Fund - PILOT Total Transfers Out Net Change in Fund Balance Fund Balance, Beginning of Year Fund Balance, End of Year Annual Budget Year to Date Actual % of Budget Budget Balance $ 2,027,811 $ 161,934 8% $ 1,865,877 1,964,975 158,663 8% 1,806,312 7,701,930 580,922 8% 7,121,008 217,000 21,267 10% 195,733 15,000 1,177 8% 13,823 68,250 4,307 6% 63,943 11,994,966 928,270 8% 11,066,696 1,421,745 212,288 15% 1,209,457 1,369,657 102,470 7% 1,267,187 713,657 43,876 6% 669,781 6,558,565 492,884 8% 6,065,681 1,573,622 - 0% 1,573,622 11,637,246 851,518 7% 10,785,728 357,720 76,752 280,968 - - 0% - - - 0% - 156,800 13,067 8% 143,733 115,920 9,660 8% 106,260 85,000 7,083 8% 77,917 357,720 29,810 327,910 $ - $ 46,942 $ (46,942) - 3,982,069 3,982,069 $ 3,982,069 $ 4,029,011 $ (46,942) Enterprise Fund Revenues: Actual to Budget Water 8% Wastewater 8% uvroActual Electric 8% oBudget Other Income 9% 0% 25% 50% 75% 100% Enterprise Fund Expenditures: Actual to Budget Administration 15% Water 7% Wastewater 6°/ uvruAcrual Electric 81 9 Budget Debt Service D 0% 26% 50% 75% 100% Page 4 of 11 133 CITY OF SANGER, TEXAS ENTERPRISE FUND 3-YEAR REVENUE TRENDS October 31, 2018 WATER SALES REVENUE $2,250,000 $2,000,000 $1,750,000 $1,500,000 $1,250,000 $1,000,000 I $750,000 $500,000 $250,000 @VV o�eC met met Jai Data 4 �a� I; e 41 J4o�y, met � F � F e WASTE WATER SALES REVENUE $2,000,000 $1,750,000 $1,500,000 $1,250,000 $1,000,000 $750,000 $500,000 $250,000 ate e taa6 ELECTRIC SALES REVENUE 9 2018-2019 N 2017-2018 0 2016-2017 i Y 2018-2019 Y 2017-2018 0 2016-2017 fee $9,000,000 $8,000,000 $7,000,000 $6,000,000 $5,000,000 $4,000,000 ■ 2018-2019 $3,000,000 IJ 2017-2018 $2,000,000 ■ 2016-2017 $1,000,000 `AlJ,A e` �,o Oe F fee Page 5 of 11 134 CITY OF SANGER, TEXAS CASH AND INVESTMENTS October 31, 2018 Name General Fund Enterprise Debt Service Capital Total Fund Fund Projects Fund UNRESTRICTED Cash for Operations $ 2,934,756 $ 2,942,291 $ - $ - $ 5,877,047 Contingency Reserves for Operations 1,016,690 1,013,650 - - 2,030,340 TOTAL UNRESTRICTED $ 3,951,446 $ 3,955,941 $ - $ - $ 7,907,387 RESTRICTED Debt Service $ - $ 82,301 $ 466,956 $ - $ 549,257 Water Deposits - 423,449 - - 423,449 Equipment Replacement 216,692 116,167 - - 332,859 Electric Storm Recovery - 975,060 - 975,060 Hotel Occupancy Tax 40,022 - - 40,022 Grant Funds 9,326 9,326 Keep Sanger Beautiful (KSB) 5,526 - - 5,526 Library 95,998 - - 95,998 Court Security 8,753 - - - 8,753 Court Technology (314) - _ - (314) Child Safety Fee 26,665 26,665 Donations 14,429 - - - 14,429 TOTAL RESTRICTED $ 417,097 $ 1,596,977 $ 466,956 $ - $ 2,481,030 CAPITAL PROJECTS General Capital Projects $ - $ - $ - $ 1,165,623 $ 1,165,623 Enterprise Capital Projects - - 8,069,621 8,069,621 TOTAL CAPITAL PROJECTS $ _ $ - $ - $ 9,235,244 $ 9,235,244 TOTAL CASH AND INVESTMENTS $ 4,368,543 $ 5,552,918 $ 466,956 $ 9,235,244 $ 19,623,661 Total Cash & Investments Unrestricted ' Capital Projects �► Restricted Equipment Replacement 10A10i ' Water Deposits 13% Electric Storm Recovery 30% Other 30% Page 6 of 11 135 GENERAL FUND CASH AND INVESTMENTS October 31, 2018 Current Name Acct. # Maturity Yield Prior Period Balance Pooled Cash 001-00-1000 0.05% $ 3,264,153 $ 2,826,116 Employee Benefits Cash 110-00-1000 0.20% 20,802 20,802 Employee Benefits MM 110-00-1010 0.20% 39,272 31,224 Internal Service Fund 180-00-1000 180,905 171,835 OPERATING ACCOUNTS $ 3,505,132 $ 3,049,977 GF Contingency Reserve MM 2487969 001-00-1031 0.20% $ 595,243 $ 595,344 GF Contingency Reserve CD Prosperity 001-00-1.039 4/26/2019 0.55% 209,511 210,039 GF Contingency Reserve CD 674907 001-00-1043 7/13/2019 0.45% 211,194 211,307 CONTINGENCY RESERVE $ 1,015,948 $11016,690 * GF Equipment Replacement MM 7376237 001-00-1032 0.20% $ 152,741 $ 153,192 * GF Equipment Replacement CD 719706 001-00-1033 7/6/2019 0.45% 63,467 63,500 EQUIPMENT REPLACEMENT RESERVES $ 216,208 $ 216,692 * Hotel Occupancy Tax 050-00-1000 $ 36,899 $ 40,022 * Police Grant Fund 320-00-1000 9,326 9,326 * Fire Grant Fund 324-00-1000 24,798 26,033 * Library Grant Fund 342-00-1000 14 9,389 * Beautification Board - KSB 432-00-1000 5,526 5,526 * Library Restricted for Building Expansion 442-00-1000 43,854 44,604 * Library Building Expansion CD 702994 442-00-1035 1/22/2019 0.45% 51,367 51,394 * Parkland Dedication Fund 450-00-1000 12,878 17,262 * Roadway Impact Fee Fund 451-00-1000 281,279 335,923 * Court Security Restricted Fund 470-00-1000 8,696 8,753 * Court Technology Restricted Fund 471-00-1000 157 (314) * Child Safety Fee Fund 475-00-1000 26,665 26,665 * Police Donations 620-00-1000 78 78 * Fire Donations 624-00-1000 6,000 6,000 * Banner Account for Parks 632-00-1000 2,536 2,536 * Library Donations 642-00-1000 5,815 5,815 OTHER $ 515,888 $ 589,012 TOTAL CASH AND INVESTMENTS $ 5,253,176 $ 4,872,371 TOTAL UNRESTRICTED $ 4,521,080 $ 4,066,667 *Restricted Funds Page 7 of 11 136 ENTERPRISE FUND CASH AND INVESTMENTS October 31, 2018 Pooled Cash 008-00-1010 0.05% $ 2,370,969 $ 2,942,291 OPERATING ACCOUNTS $ 2,370,969 $ 2,942,291 * Pooled Cash 008-00-1010 0.059/. $ 128,071 $ 123,449 * Water Deposit CD 2375850 008-00-1041 1/3/2019 0.45% 300,000 300,000 WATER DEPOSIT REFUND ACCOUNT $ 428,071 $ 423,449 *Combined EF Debt Service MM 2376113 008-00-1039 0.20% 2,301 82,301 1 OND FUNDS $ 2,301 $ 82,301 EF Contingency Reserve MM 2809753 008-00-1012 0.20% $ 593,772 $ 593,873 EF Contingency Reserve CD 787860 008-00-1014 2/14/2019 0.45% 313,579 313,746 EF Reserve CD 642541 008-00-1040 9/25/2019 0.45% 105,975 106,031 CONTINGENCY RESERVES $1,013,326 $ 1,013,650 * EF Storm Recovery MM- 2% Electric Rev 008-00-1033 0.20% $ 965,236 $ 975,060 * EF Equipment Replacement MM 2376202 008-00-1034 0.20% 115,791 116,167 OTHER $1,081,027 $1,091,227 TOTAL CASH AND INVESTMENTS $ 4,895,694 $ 5,552,918 TOTAL UNRESTRICTED $ 3,384,295 $ 3,955,941 *Restricted Funds Page 8 of 11 137 DEBT SERVICE & CAPITAL PROJECTS CASH AND INVESTMENTS October 31, 2018 DEBT SERVICE FUND Current Name Acct. # Maturity Yield Prior.Period Balance Pooled Cash 003-00-1000 0.05% $ 397,864 $ 409,811 * DSF Money Market 2376105 003-00-1010 0.20% 57,135 57,145 TOTAL RESTRICTED $ 454,999 $ 466,956 GENERAL CAPITAL PROJECTS FUND Current Name Acct. # Maturity Yield Prior Period.Balance Pooled Cash 004-00-1000 0.05% $ 791,390 $ 1,165,623 TOTAL RESTRICTED $ 791,390 $ 1,165,623 ENTERPRISE CAPITAL PROJECTS FUND Current Name Acct. # Maturity Yield Prior Period.Balance Sewer Capital Improvements MM-10% Rev 840-00-1020 0.20% $ 713,235 $ 726,423 * Sewer Capital Reserve MM 2380226 Tap Fees 840-00-1038 0.20% 2,004,574 1,143,071 * SEWER CAPITAL RESERVE -TAP FEES $ 2,717,809 $ 1,869,494 *Water Capital Reserve MM 2376156 840-00-1037 * Pooled Cash 840-00-1000 * General CIP Money Market 2674823 840-00-1013 0.20% 0.05% 0.05% $ 1,125,630 3,496,741 2,054,298 $ 2,040,414 2,105,153 2,054,560 TOTAL RESTRICTED $ 9,394,478 $ 8,069,621 *Restricted Funds Page 9 of 11 138 4A & 4B FUNDS CASH AND INVESTMENTS October 31, 2018 4A FUND Current Name Acct. # Maturity Yield Prior —Period balance * Pooled Cash 41-00-1000 0.05% $ 127,270 $ 220,488 * Cash NOW 900020693 Prosperity 41-00-1010 0.05% 382,197 377,124 * 4A MM 902551273 Prosperity 41-00-1012 0.20% 471,482 471,819 * Sanger TX Ind Corp CD 486639 41-00-1013 11/2/2018 0.25% 94,806 94,834 TOTAL CASH AND INVESTMENTS $ 1,075,755 $ 1,164,265 4B FUND Name Acct. # Maturity Yield Prior Period Current Balance Pooled Cash 42-00-1000 0.05% $ 536,406 $ 593,050 * Cash MM 2379694 42-00-1010 0.05% 189,713 189,721 * 4B CD 653500 42-00-1013 4/3/2019 0.45% 21,832 21,844 * 4B CD 659924 42-00-1014 11/12/2018 0.45% 21,583 21,595 * 4B CD 664243 42-00-1015 6/5/2019 0.45% 21,668 21,680 * 4B CD 673277 42-00-1016 7/9/2019 0.45% 21,613 21,625 * 4B CD 686115 42-00-1017 8/4/2019 0.45% 21,603 21,616 * 4B CD 689521 42-00-1018 9/11/2019 0.45% 21,514 21,527 * 4B CD 694371 42-00-1019 10/14/2018 0.45% 21,589 21,600 * 4B CD 697230 42-00-1020 11/17/2018 0.45% 21,703 21,715 * 4B CD 699934 42-00-1021 12/18/2018 0.45% 21,619 21,630 * 4B CD 702285 42-00-1022 1/31/2019 0.45% 21,424 21,436 * 4B CD 706078 42-00-1023 2/19/2019 0.45% 21,327 21,339 * 413 CD 720097 42-00-1024 2/9/2019 0.45% 21,091 21,104 * 4B CD 720119 42-00-1025 11/9/2018 0.45% 21,126 21,137 TOTAL CASH AND INVESTMENTS $ 1,005,811 $ 1,062,619 *Restricted Funds Page 10 of 11 139 CITY OF SANGER, TEXAS INVESTMENT REPORT October 31, 2018 The Monthly Investment Report is in full compliance with the objectives, restrictions, and strategies as set forth in the City of Sanger's Investment Policy and Texas Government Code 2256.023, the Public Funds Investment Act (PFIA). The City only invests in Money Market accounts and Certificates of Deposit. Interest is paid monthly on all accounts. Therefore, book value and market value are the same and the City does not have accrued interest on its investments. Ethics Disclosure and Conflicts of Interest In accordance with the PFIA, investment officers are required to file a disclosure statement with the Texas Ethics Commission and the governing body if: a. the officer has a business relationship with a business organization offering to engage in an investment transaction with the City (as defined in 2256.005 (i) (1-3); or b. the officer is related within the second degree by affinity or consanguinity, as determined under Chapter 573 of the Texas Government Code, to an individual seeking to transact investment business with the entity. PFIA 2256,005 (i). A�� Af Clayton Gray Finance Director ;"/y Alina Ciocan Acting City Manager Pagel 1 of 11 140 SANGER *TEXAS CAPITAL PROJECTS RECAP November 28, 2018 CURRENT PROJECTS PROJECT ENGINEERING CONSTRUCTION OTHER TOTALS Project Number Project Description % Complete Contract Change Orders Total Budget Actual to Date Contract Change Preliminary Orders Estimate Total Budget Actual to Date Budget Actual to Date Budget Actual to Date ° /o 0001 McReynolds Road Reconstruction 96% $ 522,919 $ - $ 522,919 $ 486,253 $ 6,275,332 $ 9,012 $ $ 6,284,344 $ 6,061,438 $ 125,619 $ 125,619 $ 6,932,882 $ 6,673,310 96% ED05 Wastewater Treatment Plant 84% $ 995,203 $ 313,402 $ 1,308,605 $ 1,060,444 $10,992,845 $ 72,591 $ 5 11,065,436 $ 9,294,697 $ 345,264 $ 345,264 $ 12,719,305 $ 10,700,405 84% ED08 Nitrification TBD $ 47,589 $ 15,000 $ 62,589 $ 10,462 $ 247,000 $ (112,840) $ 5 134.160 $ 134,160 $ - $ - $ 196,749 $ 144,622 74% Total Projects Under Contract $ 1,565,711 $ 328,402 $1,894,113 $ 1,557,159 $ 17,515,177 $ (31,237) $ $17,483,939 $ 15,490,295 1 $ 470,863 $ 470,863 $19,848,936 $ 17,518,337 UPCOMING PROJECTS PROJECT ENGINEERING CONSTRUCTION OTHER TOTALS Project Number Project Descr pt en ° Complete Contract Change Orders Total Budget Actual to Date Change Contract Orders Preliminary Estimate Total Budget Actual to Date Budget Actual to Date Budget ° Actual to Date /° E006 Railroad Lift Station TBD $ 69,966 $ 589,300 $ 659,266 $ 621,995 $ $ $ 4,498,500 $ 4,498,500 $ $ 7,336 $ 7,336 $ 5,165,102 $ 629,331 12% E009 Gravity and Outfall Pipelines TBD $ 242,300 $ - $ 242,300 $ 213,465 $ $ $ 3,908,000 $ 3,908,000 $ 1,668 $ 336 $ 336 $ 4,150,636 $ 215,469 5% E010 Relocation of FNI455 Utilities TBD $ 250,000 $ - $ 250,000 $ - $ $ $ 2,500,000 $ 2,500,000 $ $ - $ - $ 2,750,000 $ - 0% Total Extimted Projects $ 562,266 $ 589,300 $ 1,151,56 FF $ $ 10,906,500 $10,906,500 $ 1,668 $ 7,672 $ 7,672 $ 12,065,738 $ 844,800 ALL PROJECTS PROJECT ENGINEERING CONSTRUCTION OTHER TOTALS Project° Project Description Change Actual to Contract Total Budget Change Preliminary Contact Total Budget Actual to Date Actual to Budget Budget Actual to Date Number Complete Orders Date Orders Estimate Date Grand Totals $ 2,127,977 $ 917,702 $ 3,045,679 $ 2,392,619 $17,515,177 $ (31,237) $10,906,500 $ 28,390,439 $ 15,491,963 $ 478,555 $ 478,555 $ $1,914,674 $ 18,363,137