10/05/2020-CC-Minutes-RegularMINUTES
CITY COUNCIL REGULAR MEETING
MONDAY, OCTOBER 5, 2020
7:00 PM
HISTORIC CHURCH BUILDING 403 N 7TH STREET,
SANGER, TEXAS
COUNCIL MEMBERS PRESENT:
Mayor Thomas Muir, Councilmember David Clark, Councilmember Marissa Barrett,
Councilmember Allen Chick, Councilmember Dennis Dillon
COUNCIL MEMBERS ABSENT:
Mayor Pro Tem Gary Bilyeu
STAFF MEMBERS PRESENT:
Interim City Manager Jeriana Staton; City Attorney Hugh Coleman; City Engineer Tracy LaPiene;
Interim Public Works Director Jim Bolz; Director of Development Services Ramie Hammonds;
Parttime City Secretary Cheryl Price.
1.Call Meeting to Order, Establish a Quorum (Roll Call), Invocation.
There being a quorum present, Mayor Muir called the meeting to order on Monday October 5,
2020 at 7:00 p.m.. The Invocation was given by Councilmember Dillon and the Pledge of
Allegiance was led by Councilmember Clark.
2.CITIZEN INPUT:
There were no citizens who came forward wishing to speak.
3.CONSENT AGENDA:
a.Approval of Minutes
1.City Council Regular Meeting Minutes 09082020
Approve Meeting Minutes from the September 8, 2020 Regular City Council Meeting.
A motion was made by Councilmember Chick to approve the Consent Agenda as presented. The
motion was seconded by Councilmember Barrett. The motion to approve passed unanimously (40
vote; Mayor Pro Tem Bilyeu absent).
4.Consider Any Items Removed from Consent Agenda.
There were no items removed from the agenda.
Page 1
MINUTESCITY COUNCIL REGULAR MEETINGMONDAY, OCTOBER 5, 20207:00 PMHISTORIC CHURCH BUILDING 403 N 7TH STREET,SANGER, TEXASCOUNCIL MEMBERS PRESENT:Mayor Thomas Muir, Councilmember David Clark, Councilmember Marissa Barrett, Councilmember Allen Chick, Councilmember Dennis DillonCOUNCIL MEMBERS ABSENT:Mayor Pro Tem Gary BilyeuSTAFF MEMBERS PRESENT:Interim City Manager Jeriana Staton; City Attorney Hugh Coleman; City Engineer Tracy LaPiene;Interim Public Works Director Jim Bolz; Director of Development Services Ramie Hammonds;Parttime City Secretary Cheryl Price. 1.Call Meeting to Order, Establish a Quorum (Roll Call), Invocation.There being a quorum present, Mayor Muir called the meeting to order on Monday October 5,2020 at 7:00 p.m.. The Invocation was given by Councilmember Dillon and the Pledge ofAllegiance was led by Councilmember Clark. 2.CITIZEN INPUT:There were no citizens who came forward wishing to speak.3.CONSENT AGENDA:a.Approval of Minutes1.City Council Regular Meeting Minutes 09082020Approve Meeting Minutes from the September 8, 2020 Regular City Council Meeting. A motion was made by Councilmember Chick to approve the Consent Agenda as presented. Themotion was seconded by Councilmember Barrett. The motion to approve passed unanimously (40vote; Mayor Pro Tem Bilyeu absent). 4.Consider Any Items Removed from Consent Agenda.
There were no items removed from the agenda.
REGULAR AGENDA
5.PSA Plummer Water RRA & ERP
Consider, Discuss And Possibly Act To Approve A Professional Services Agreement With Plummer
Associates, Inc. For Water System Risk and Resilience Assessment and Emergency Response Plan
Assistance In The Amount Of $20,000.00, And Authorize Mayor To Execute Agreement.
Mayor Muir read the Agenda Item and recognized City Engineer Tracy LaPiene to provide a staff
summary. He summarized staff memo noting that in October 2018, Congress passed America's
Water Infrastructure Act (AWIA, or the Act). This is a federally mandated requirement and this Act
requires community water systems (CWS) serving more that 3,300 people to conduct a Risk and
Resilience Assessment (RRA), update Emergency Response Plan (ERP) for the water utility, and to
send the United States Environmental Protection Agency (EPA) certification of their completion.
The RRA and the ERP will be required to be updated every five (5) years. The due date for the
RRA is is June 2021 and the ERP is required within six months after June 2021. Mr. LaPiene
advised that due to the shortage in time and staff that he is requesting that this item be sent out to be
performed by Plummer Associates who are on the City's approved Engineering list.
There was discussion between regarding the amount of staff man hours it would take to complete the
projects in house and City Engineer noted that it was not feasible with amount of projects, staff and
time shortages at this time.
Mayor Muir summarized the proposed cost breakdown by Plummer and Associates, noting that the
RRA proposed cost is $13,000 and the ERP is $7000 for a total of $20,000. Mayor Muir also
noted that due to the workloads in the Engineering Department that City Engineer Tracy LaPiene has
been directed to outsource some projects when necessary. This is a budgeted expense and will be
paid for from Public Works Professional Services Budget Enterprise Fund.
Councilmember Clark asked City Engineer Tracy LaPiene if any other firms were considered for the
project. Mr. LaPiene stated that that he chose Plummer Associates from the City's approved
qualified engineer list because they recently completed an RRA and ERP for the City of Flower
Mound.
Discussion ensued regarding putting the project out for a Request for Qualification to see if there are
other qualified Engineers who should be considered for this project. It was noted that the project
could not be put out for bid/pricing; however could only be selected on qualification based
selection. Mr. LaPiene stated that we do have time to look at the list and get some qualification
proposals from other firms if that is what Council desires.
City Attorney Hugh Coleman advised that for Professional Services the City can not negotiate on
price, but only qualifications. He suggested that the City could take a Request for Qualification and
set up a committee and rank the engineers and select the most qualified.
City Engineer Tracy LaPiene noted that once the Engineer is selected, then the price would be
negotiated by the engineering firm selected, if the amount is outside of the budget, the next most
qualified firm could be selected.
Discussion ensued and regarding firms that the City has worked with in the past and the interest in
Page 2
MINUTESCITY COUNCIL REGULAR MEETINGMONDAY, OCTOBER 5, 20207:00 PMHISTORIC CHURCH BUILDING 403 N 7TH STREET,SANGER, TEXASCOUNCIL MEMBERS PRESENT:Mayor Thomas Muir, Councilmember David Clark, Councilmember Marissa Barrett, Councilmember Allen Chick, Councilmember Dennis DillonCOUNCIL MEMBERS ABSENT:Mayor Pro Tem Gary BilyeuSTAFF MEMBERS PRESENT:Interim City Manager Jeriana Staton; City Attorney Hugh Coleman; City Engineer Tracy LaPiene;Interim Public Works Director Jim Bolz; Director of Development Services Ramie Hammonds;Parttime City Secretary Cheryl Price. 1.Call Meeting to Order, Establish a Quorum (Roll Call), Invocation.There being a quorum present, Mayor Muir called the meeting to order on Monday October 5,2020 at 7:00 p.m.. The Invocation was given by Councilmember Dillon and the Pledge ofAllegiance was led by Councilmember Clark. 2.CITIZEN INPUT:There were no citizens who came forward wishing to speak.3.CONSENT AGENDA:a.Approval of Minutes1.City Council Regular Meeting Minutes 09082020Approve Meeting Minutes from the September 8, 2020 Regular City Council Meeting. A motion was made by Councilmember Chick to approve the Consent Agenda as presented. Themotion was seconded by Councilmember Barrett. The motion to approve passed unanimously (40vote; Mayor Pro Tem Bilyeu absent). 4.Consider Any Items Removed from Consent Agenda.There were no items removed from the agenda. REGULAR AGENDA5.PSA Plummer Water RRA & ERPConsider, Discuss And Possibly Act To Approve A Professional Services Agreement With PlummerAssociates, Inc. For Water System Risk and Resilience Assessment and Emergency Response PlanAssistance In The Amount Of $20,000.00, And Authorize Mayor To Execute Agreement.Mayor Muir read the Agenda Item and recognized City Engineer Tracy LaPiene to provide a staffsummary. He summarized staff memo noting that in October 2018, Congress passed America'sWater Infrastructure Act (AWIA, or the Act). This is a federally mandated requirement and this Actrequires community water systems (CWS) serving more that 3,300 people to conduct a Risk andResilience Assessment (RRA), update Emergency Response Plan (ERP) for the water utility, and tosend the United States Environmental Protection Agency (EPA) certification of their completion. The RRA and the ERP will be required to be updated every five (5) years. The due date for theRRA is is June 2021 and the ERP is required within six months after June 2021. Mr. LaPieneadvised that due to the shortage in time and staff that he is requesting that this item be sent out to beperformed by Plummer Associates who are on the City's approved Engineering list. There was discussion between regarding the amount of staff man hours it would take to complete theprojects in house and City Engineer noted that it was not feasible with amount of projects, staff andtime shortages at this time. Mayor Muir summarized the proposed cost breakdown by Plummer and Associates, noting that theRRA proposed cost is $13,000 and the ERP is $7000 for a total of $20,000. Mayor Muir alsonoted that due to the workloads in the Engineering Department that City Engineer Tracy LaPiene hasbeen directed to outsource some projects when necessary. This is a budgeted expense and will bepaid for from Public Works Professional Services Budget Enterprise Fund. Councilmember Clark asked City Engineer Tracy LaPiene if any other firms were considered for theproject. Mr. LaPiene stated that that he chose Plummer Associates from the City's approvedqualified engineer list because they recently completed an RRA and ERP for the City of FlowerMound. Discussion ensued regarding putting the project out for a Request for Qualification to see if there areother qualified Engineers who should be considered for this project. It was noted that the projectcould not be put out for bid/pricing; however could only be selected on qualification basedselection. Mr. LaPiene stated that we do have time to look at the list and get some qualification proposals from other firms if that is what Council desires. City Attorney Hugh Coleman advised that for Professional Services the City can not negotiate onprice, but only qualifications. He suggested that the City could take a Request for Qualification andset up a committee and rank the engineers and select the most qualified. City Engineer Tracy LaPiene noted that once the Engineer is selected, then the price would benegotiated by the engineering firm selected, if the amount is outside of the budget, the next mostqualified firm could be selected.
Discussion ensued and regarding firms that the City has worked with in the past and the interest in
looking to see if there were additional qualified engineering firms.
It was consensus of the City Council after brief discussion ensued between the Mayor,
Councilmembers, City Engineer Tracy LaPiene and Interim Public Works Director Jim Bolz. that
Council would like to for staff to pursue obtaining request for qualifications from additional
engineering firms. No motions were proposed. There was question as to table the item or to take
no action in order to give staff time to request for qualifications of additional engineering firms. At
the recommendation of City Attorney Hugh Coleman, no action was taken on this item.
6.PSA Plummer WWTP Screen
Consider, Discuss And Possibly Act To Approve A Professional Services Agreement With Plummer
Associates, Inc. For Design, Bidding And Construction Administration Services For The
Wastewater Treatment Plant Influent Screen Replacement In The Amount Of $35,000.00, And
Authorize City Manager To Execute Agreement.
Mayor Muir read the Agenda Item and recognized City Engineer Tracy LaPiene to provide a staff
summary. He advised that on this item, he believed Plummer Associates is the best choice because
of the work they are currently doing on the wastewater treatment plant and with the integration into
different flow controls, electronics and sensors it makes sense to use Plummer on this contract. He
noted that the intake screen at the wastewater treatment plant had been damaged repeatedly by
large debris that has travelled through the sewer system to the plant resulting in needed repairs.
Repair of the damaged system may cost more than 50% of a new screen system in materials and
would not prevent future damages. When the wastewater treatment plant was renovated the screen
was repaired and since then has been damaged by asphalt. The existing system is not designed to
handle the size of debris currently encountered in the wastewater system and in evaluating the costs
to the repair of the existing system as well as the future costs of repair, Photos were provided in the
Council packets of the damaged existing screen and they type of debris passing through the system.
The Public Works Department and Plummer Associates believes it is most cost effective in the long
term to replace the existing screen system with a heavier duty screen that is designed to withstand
this type of debris. This is an expensive item and will be sent out to bid after Plummer and
Associates comes up with the design.
There was discussion as to the type of debris that was damaging the system and how it got into the
system, and it was noted it was concrete, rocks, asphalt; and may have entered the system with the
recent pipe bursting and road projects. Discussion ensued as to how to prevent this from happening
in the future. It was noted by Mayor Muir that the new version will be a more industrial type screen
and noted the need for it to be engineered as such. Mr. LaPiene noted the patent expires this year
for the system so there may be an opportunity for other firms to bid the construction of the system
for a better price. He noted that this item is budgeted in the current budget. The approval tonight is
just for the engineering. Councilmember Chick noted his concern that this is a large amount of money
just to engineer the product. Both, City Engineer Tracy LaPiene and Interim Public Works Director
Jim Bolz provided additional information and explanation as to why the part requires specific
engineering and expertise in design.
Discussion ensued between City Engineer Tracy LaPiene; Interim Public Works Director Jim Bolz
and City Councilmembers regarding the engineering services associated with the improvements
necessary to address the replacement of the City's mechanical fine screen at the wastewater
treatment plant. It was noted that the part was not a part that could be purchased on the market and
would have to be engineered and constructed to fit specific specifications in regard to size and
Page 3
MINUTESCITY COUNCIL REGULAR MEETINGMONDAY, OCTOBER 5, 20207:00 PMHISTORIC CHURCH BUILDING 403 N 7TH STREET,SANGER, TEXASCOUNCIL MEMBERS PRESENT:Mayor Thomas Muir, Councilmember David Clark, Councilmember Marissa Barrett, Councilmember Allen Chick, Councilmember Dennis DillonCOUNCIL MEMBERS ABSENT:Mayor Pro Tem Gary BilyeuSTAFF MEMBERS PRESENT:Interim City Manager Jeriana Staton; City Attorney Hugh Coleman; City Engineer Tracy LaPiene;Interim Public Works Director Jim Bolz; Director of Development Services Ramie Hammonds;Parttime City Secretary Cheryl Price. 1.Call Meeting to Order, Establish a Quorum (Roll Call), Invocation.There being a quorum present, Mayor Muir called the meeting to order on Monday October 5,2020 at 7:00 p.m.. The Invocation was given by Councilmember Dillon and the Pledge ofAllegiance was led by Councilmember Clark. 2.CITIZEN INPUT:There were no citizens who came forward wishing to speak.3.CONSENT AGENDA:a.Approval of Minutes1.City Council Regular Meeting Minutes 09082020Approve Meeting Minutes from the September 8, 2020 Regular City Council Meeting. A motion was made by Councilmember Chick to approve the Consent Agenda as presented. Themotion was seconded by Councilmember Barrett. The motion to approve passed unanimously (40vote; Mayor Pro Tem Bilyeu absent). 4.Consider Any Items Removed from Consent Agenda.There were no items removed from the agenda. REGULAR AGENDA5.PSA Plummer Water RRA & ERPConsider, Discuss And Possibly Act To Approve A Professional Services Agreement With PlummerAssociates, Inc. For Water System Risk and Resilience Assessment and Emergency Response PlanAssistance In The Amount Of $20,000.00, And Authorize Mayor To Execute Agreement.Mayor Muir read the Agenda Item and recognized City Engineer Tracy LaPiene to provide a staffsummary. He summarized staff memo noting that in October 2018, Congress passed America'sWater Infrastructure Act (AWIA, or the Act). This is a federally mandated requirement and this Actrequires community water systems (CWS) serving more that 3,300 people to conduct a Risk andResilience Assessment (RRA), update Emergency Response Plan (ERP) for the water utility, and tosend the United States Environmental Protection Agency (EPA) certification of their completion. The RRA and the ERP will be required to be updated every five (5) years. The due date for theRRA is is June 2021 and the ERP is required within six months after June 2021. Mr. LaPieneadvised that due to the shortage in time and staff that he is requesting that this item be sent out to beperformed by Plummer Associates who are on the City's approved Engineering list. There was discussion between regarding the amount of staff man hours it would take to complete theprojects in house and City Engineer noted that it was not feasible with amount of projects, staff andtime shortages at this time. Mayor Muir summarized the proposed cost breakdown by Plummer and Associates, noting that theRRA proposed cost is $13,000 and the ERP is $7000 for a total of $20,000. Mayor Muir alsonoted that due to the workloads in the Engineering Department that City Engineer Tracy LaPiene hasbeen directed to outsource some projects when necessary. This is a budgeted expense and will bepaid for from Public Works Professional Services Budget Enterprise Fund. Councilmember Clark asked City Engineer Tracy LaPiene if any other firms were considered for theproject. Mr. LaPiene stated that that he chose Plummer Associates from the City's approvedqualified engineer list because they recently completed an RRA and ERP for the City of FlowerMound. Discussion ensued regarding putting the project out for a Request for Qualification to see if there areother qualified Engineers who should be considered for this project. It was noted that the projectcould not be put out for bid/pricing; however could only be selected on qualification basedselection. Mr. LaPiene stated that we do have time to look at the list and get some qualification proposals from other firms if that is what Council desires. City Attorney Hugh Coleman advised that for Professional Services the City can not negotiate onprice, but only qualifications. He suggested that the City could take a Request for Qualification andset up a committee and rank the engineers and select the most qualified. City Engineer Tracy LaPiene noted that once the Engineer is selected, then the price would benegotiated by the engineering firm selected, if the amount is outside of the budget, the next mostqualified firm could be selected. Discussion ensued and regarding firms that the City has worked with in the past and the interest inlooking to see if there were additional qualified engineering firms.It was consensus of the City Council after brief discussion ensued between the Mayor,Councilmembers, City Engineer Tracy LaPiene and Interim Public Works Director Jim Bolz. thatCouncil would like to for staff to pursue obtaining request for qualifications from additionalengineering firms. No motions were proposed. There was question as to table the item or to takeno action in order to give staff time to request for qualifications of additional engineering firms. Atthe recommendation of City Attorney Hugh Coleman, no action was taken on this item.6.PSA Plummer WWTP ScreenConsider, Discuss And Possibly Act To Approve A Professional Services Agreement With PlummerAssociates, Inc. For Design, Bidding And Construction Administration Services For TheWastewater Treatment Plant Influent Screen Replacement In The Amount Of $35,000.00, AndAuthorize City Manager To Execute Agreement.Mayor Muir read the Agenda Item and recognized City Engineer Tracy LaPiene to provide a staffsummary. He advised that on this item, he believed Plummer Associates is the best choice becauseof the work they are currently doing on the wastewater treatment plant and with the integration intodifferent flow controls, electronics and sensors it makes sense to use Plummer on this contract. Henoted that the intake screen at the wastewater treatment plant had been damaged repeatedly bylarge debris that has travelled through the sewer system to the plant resulting in needed repairs. Repair of the damaged system may cost more than 50% of a new screen system in materials andwould not prevent future damages. When the wastewater treatment plant was renovated the screenwas repaired and since then has been damaged by asphalt. The existing system is not designed tohandle the size of debris currently encountered in the wastewater system and in evaluating the coststo the repair of the existing system as well as the future costs of repair, Photos were provided in theCouncil packets of the damaged existing screen and they type of debris passing through the system.The Public Works Department and Plummer Associates believes it is most cost effective in the longterm to replace the existing screen system with a heavier duty screen that is designed to withstandthis type of debris. This is an expensive item and will be sent out to bid after Plummer andAssociates comes up with the design.There was discussion as to the type of debris that was damaging the system and how it got into thesystem, and it was noted it was concrete, rocks, asphalt; and may have entered the system with therecent pipe bursting and road projects. Discussion ensued as to how to prevent this from happeningin the future. It was noted by Mayor Muir that the new version will be a more industrial type screenand noted the need for it to be engineered as such. Mr. LaPiene noted the patent expires this yearfor the system so there may be an opportunity for other firms to bid the construction of the systemfor a better price. He noted that this item is budgeted in the current budget. The approval tonight isjust for the engineering. Councilmember Chick noted his concern that this is a large amount of moneyjust to engineer the product. Both, City Engineer Tracy LaPiene and Interim Public Works DirectorJim Bolz provided additional information and explanation as to why the part requires specificengineering and expertise in design. Discussion ensued between City Engineer Tracy LaPiene; Interim Public Works Director Jim Bolzand City Councilmembers regarding the engineering services associated with the improvementsnecessary to address the replacement of the City's mechanical fine screen at the wastewater
treatment plant. It was noted that the part was not a part that could be purchased on the market and
would have to be engineered and constructed to fit specific specifications in regard to size and
regulatory requirements. Councilmember Clark noted the need for the repair and that it is an
expensive piece of equipment and he did not have a problem with Plummer Associates designing it
because it needs to be on the plate, but we need to and have the debris stopped before it gets to the
screen; that staff needs to be proactive and work on the front side to prevent this from happening.
A motion was made by Councilmember Chick to approve a professional Services Agreement with
Plummer Associates, Inc. for Design, Bidding and Construction Administration Services for the
Wastewater Treatment Plan Influent Screen Replacement in the amount of $35,000.00 and
Authorized the City Manager to Execute Agreement. The motion was seconded by
Councilmember Clark. The motion to approve carried unanimously (40 vote; Mayor Pro Tem
Bilyeu absent).
7.Kirkland Street Addition, Phase III
Consider, Discuss and Act on the Minor Plat of Lots 1 and 2 Block C, of Kirkland Street Addition,
Phase III Being 0.440 Acres of the R Bebee Survey A29, and Generally Located on the South
East side of the Intersection of Kirkland Street and Sims Street.
Mayor Muir read the agenda item and recognized Ramie Hammonds to provide a staff summary.
She advised that the applicant is proposing to create two residential lots by combining two (2) un
platted tracts. The subject property is located within the SF10 Zoning District. The developer
plans to build residential homes on the tracts. The property is within an area that is beginning to see
development and growth. The property will be served by all city utilities. The proposed plat is a
minor plat with no public improvements and less than four (4) lots, therefore no preliminary plat is
required for this property. They have addressed all of staff comments and staff reccomends
approval. The Planning and Zoning Commission recommended approval with the condition that all
City of Sanger staff comments are satisfied prior to Council approval.
City Engineer Tracy LaPiene was recognized and noted that based on the location of this property,
that he asked for a drainage easement on the south side of the two properties for drainage
improvements at some time in the future. The applicant was present and noted that they have agreed
to this easement and are happy to do it.
Councilmember Chick asked if there were any variances with this plat. Ms. Hammonds noted there
are no variances on this plat. There was brief discussion regarding the drainage on the property and
it was noted that culverts were recently cleaned of large debris which should improve the drainage
issues in the area.
A motion was made by Councilmember Chick to approve the minor plat of Lots 1 and 2, Block C,
of Kirkland Street Addition, Phase III being 0.440 acres of the R. Bebee Survey A29, and
generally located on the southeast side of the intersection of Kirkland Street and Sims Street. The
motion was seconded by Councilmember Clark. The motion to approve carried unanimously (40
vote; Mayor Pro Tem Bilyeu absent).
8.Levelle Addition Final Plat
Consider, Discuss and Act on the Final Plat of Lot 1 Block A, of the Levelle Addition, Being 2.97
Acres of the McKinney and Williams Survey Abstract 940, and Generally Located on the East Side
of Cowling Rd and Approximately 261 feet South of Deer Run Rd.
Mayor Muir advised that he is recusing himself from Agenda Item No. 8 due to Conflict of Interest
Page 4
MINUTESCITY COUNCIL REGULAR MEETINGMONDAY, OCTOBER 5, 20207:00 PMHISTORIC CHURCH BUILDING 403 N 7TH STREET,SANGER, TEXASCOUNCIL MEMBERS PRESENT:Mayor Thomas Muir, Councilmember David Clark, Councilmember Marissa Barrett, Councilmember Allen Chick, Councilmember Dennis DillonCOUNCIL MEMBERS ABSENT:Mayor Pro Tem Gary BilyeuSTAFF MEMBERS PRESENT:Interim City Manager Jeriana Staton; City Attorney Hugh Coleman; City Engineer Tracy LaPiene;Interim Public Works Director Jim Bolz; Director of Development Services Ramie Hammonds;Parttime City Secretary Cheryl Price. 1.Call Meeting to Order, Establish a Quorum (Roll Call), Invocation.There being a quorum present, Mayor Muir called the meeting to order on Monday October 5,2020 at 7:00 p.m.. The Invocation was given by Councilmember Dillon and the Pledge ofAllegiance was led by Councilmember Clark. 2.CITIZEN INPUT:There were no citizens who came forward wishing to speak.3.CONSENT AGENDA:a.Approval of Minutes1.City Council Regular Meeting Minutes 09082020Approve Meeting Minutes from the September 8, 2020 Regular City Council Meeting. A motion was made by Councilmember Chick to approve the Consent Agenda as presented. Themotion was seconded by Councilmember Barrett. The motion to approve passed unanimously (40vote; Mayor Pro Tem Bilyeu absent). 4.Consider Any Items Removed from Consent Agenda.There were no items removed from the agenda. REGULAR AGENDA5.PSA Plummer Water RRA & ERPConsider, Discuss And Possibly Act To Approve A Professional Services Agreement With PlummerAssociates, Inc. For Water System Risk and Resilience Assessment and Emergency Response PlanAssistance In The Amount Of $20,000.00, And Authorize Mayor To Execute Agreement.Mayor Muir read the Agenda Item and recognized City Engineer Tracy LaPiene to provide a staffsummary. He summarized staff memo noting that in October 2018, Congress passed America'sWater Infrastructure Act (AWIA, or the Act). This is a federally mandated requirement and this Actrequires community water systems (CWS) serving more that 3,300 people to conduct a Risk andResilience Assessment (RRA), update Emergency Response Plan (ERP) for the water utility, and tosend the United States Environmental Protection Agency (EPA) certification of their completion. The RRA and the ERP will be required to be updated every five (5) years. The due date for theRRA is is June 2021 and the ERP is required within six months after June 2021. Mr. LaPieneadvised that due to the shortage in time and staff that he is requesting that this item be sent out to beperformed by Plummer Associates who are on the City's approved Engineering list. There was discussion between regarding the amount of staff man hours it would take to complete theprojects in house and City Engineer noted that it was not feasible with amount of projects, staff andtime shortages at this time. Mayor Muir summarized the proposed cost breakdown by Plummer and Associates, noting that theRRA proposed cost is $13,000 and the ERP is $7000 for a total of $20,000. Mayor Muir alsonoted that due to the workloads in the Engineering Department that City Engineer Tracy LaPiene hasbeen directed to outsource some projects when necessary. This is a budgeted expense and will bepaid for from Public Works Professional Services Budget Enterprise Fund. Councilmember Clark asked City Engineer Tracy LaPiene if any other firms were considered for theproject. Mr. LaPiene stated that that he chose Plummer Associates from the City's approvedqualified engineer list because they recently completed an RRA and ERP for the City of FlowerMound. Discussion ensued regarding putting the project out for a Request for Qualification to see if there areother qualified Engineers who should be considered for this project. It was noted that the projectcould not be put out for bid/pricing; however could only be selected on qualification basedselection. Mr. LaPiene stated that we do have time to look at the list and get some qualification proposals from other firms if that is what Council desires. City Attorney Hugh Coleman advised that for Professional Services the City can not negotiate onprice, but only qualifications. He suggested that the City could take a Request for Qualification andset up a committee and rank the engineers and select the most qualified. City Engineer Tracy LaPiene noted that once the Engineer is selected, then the price would benegotiated by the engineering firm selected, if the amount is outside of the budget, the next mostqualified firm could be selected. Discussion ensued and regarding firms that the City has worked with in the past and the interest inlooking to see if there were additional qualified engineering firms.It was consensus of the City Council after brief discussion ensued between the Mayor,Councilmembers, City Engineer Tracy LaPiene and Interim Public Works Director Jim Bolz. thatCouncil would like to for staff to pursue obtaining request for qualifications from additionalengineering firms. No motions were proposed. There was question as to table the item or to takeno action in order to give staff time to request for qualifications of additional engineering firms. Atthe recommendation of City Attorney Hugh Coleman, no action was taken on this item.6.PSA Plummer WWTP ScreenConsider, Discuss And Possibly Act To Approve A Professional Services Agreement With PlummerAssociates, Inc. For Design, Bidding And Construction Administration Services For TheWastewater Treatment Plant Influent Screen Replacement In The Amount Of $35,000.00, AndAuthorize City Manager To Execute Agreement.Mayor Muir read the Agenda Item and recognized City Engineer Tracy LaPiene to provide a staffsummary. He advised that on this item, he believed Plummer Associates is the best choice becauseof the work they are currently doing on the wastewater treatment plant and with the integration intodifferent flow controls, electronics and sensors it makes sense to use Plummer on this contract. Henoted that the intake screen at the wastewater treatment plant had been damaged repeatedly bylarge debris that has travelled through the sewer system to the plant resulting in needed repairs. Repair of the damaged system may cost more than 50% of a new screen system in materials andwould not prevent future damages. When the wastewater treatment plant was renovated the screenwas repaired and since then has been damaged by asphalt. The existing system is not designed tohandle the size of debris currently encountered in the wastewater system and in evaluating the coststo the repair of the existing system as well as the future costs of repair, Photos were provided in theCouncil packets of the damaged existing screen and they type of debris passing through the system.The Public Works Department and Plummer Associates believes it is most cost effective in the longterm to replace the existing screen system with a heavier duty screen that is designed to withstandthis type of debris. This is an expensive item and will be sent out to bid after Plummer andAssociates comes up with the design.There was discussion as to the type of debris that was damaging the system and how it got into thesystem, and it was noted it was concrete, rocks, asphalt; and may have entered the system with therecent pipe bursting and road projects. Discussion ensued as to how to prevent this from happeningin the future. It was noted by Mayor Muir that the new version will be a more industrial type screenand noted the need for it to be engineered as such. Mr. LaPiene noted the patent expires this yearfor the system so there may be an opportunity for other firms to bid the construction of the systemfor a better price. He noted that this item is budgeted in the current budget. The approval tonight isjust for the engineering. Councilmember Chick noted his concern that this is a large amount of moneyjust to engineer the product. Both, City Engineer Tracy LaPiene and Interim Public Works DirectorJim Bolz provided additional information and explanation as to why the part requires specificengineering and expertise in design. Discussion ensued between City Engineer Tracy LaPiene; Interim Public Works Director Jim Bolzand City Councilmembers regarding the engineering services associated with the improvementsnecessary to address the replacement of the City's mechanical fine screen at the wastewatertreatment plant. It was noted that the part was not a part that could be purchased on the market andwould have to be engineered and constructed to fit specific specifications in regard to size andregulatory requirements. Councilmember Clark noted the need for the repair and that it is anexpensive piece of equipment and he did not have a problem with Plummer Associates designing itbecause it needs to be on the plate, but we need to and have the debris stopped before it gets to thescreen; that staff needs to be proactive and work on the front side to prevent this from happening.A motion was made by Councilmember Chick to approve a professional Services Agreement withPlummer Associates, Inc. for Design, Bidding and Construction Administration Services for theWastewater Treatment Plan Influent Screen Replacement in the amount of $35,000.00 andAuthorized the City Manager to Execute Agreement. The motion was seconded byCouncilmember Clark. The motion to approve carried unanimously (40 vote; Mayor Pro TemBilyeu absent).7.Kirkland Street Addition, Phase IIIConsider, Discuss and Act on the Minor Plat of Lots 1 and 2 Block C, of Kirkland Street Addition,Phase III Being 0.440 Acres of the R Bebee Survey A29, and Generally Located on the SouthEast side of the Intersection of Kirkland Street and Sims Street. Mayor Muir read the agenda item and recognized Ramie Hammonds to provide a staff summary. She advised that the applicant is proposing to create two residential lots by combining two (2) unplatted tracts. The subject property is located within the SF10 Zoning District. The developerplans to build residential homes on the tracts. The property is within an area that is beginning to seedevelopment and growth. The property will be served by all city utilities. The proposed plat is aminor plat with no public improvements and less than four (4) lots, therefore no preliminary plat isrequired for this property. They have addressed all of staff comments and staff reccomendsapproval. The Planning and Zoning Commission recommended approval with the condition that allCity of Sanger staff comments are satisfied prior to Council approval.City Engineer Tracy LaPiene was recognized and noted that based on the location of this property,that he asked for a drainage easement on the south side of the two properties for drainageimprovements at some time in the future. The applicant was present and noted that they have agreedto this easement and are happy to do it.Councilmember Chick asked if there were any variances with this plat. Ms. Hammonds noted thereare no variances on this plat. There was brief discussion regarding the drainage on the property andit was noted that culverts were recently cleaned of large debris which should improve the drainageissues in the area.A motion was made by Councilmember Chick to approve the minor plat of Lots 1 and 2, Block C,of Kirkland Street Addition, Phase III being 0.440 acres of the R. Bebee Survey A29, andgenerally located on the southeast side of the intersection of Kirkland Street and Sims Street. Themotion was seconded by Councilmember Clark. The motion to approve carried unanimously (40vote; Mayor Pro Tem Bilyeu absent). 8.Levelle Addition Final PlatConsider, Discuss and Act on the Final Plat of Lot 1 Block A, of the Levelle Addition, Being 2.97Acres of the McKinney and Williams Survey Abstract 940, and Generally Located on the East Sideof Cowling Rd and Approximately 261 feet South of Deer Run Rd.
Mayor Muir advised that he is recusing himself from Agenda Item No. 8 due to Conflict of Interest
(relation to applicant) and turned the meeting over to Councilmember Chick. Mayor Muir left the
room.
Councilmember Chick read the Agenda Item and recognized Director of Development Services
Ramie Hammonds for staff summary. She advised that this is a family owned piece of property and
it is being divided for one of their children to live on. The applicant is proposing to create one (1)
residential lot of 2.97 acres from parts of two (2) unplatted tracts. The subject property is located
within the Agricultural Zoning District and single family residence is allowed. The lot will access from
Cowling Road. The property will be served by City of Sanger Water, CoServ Electric, and is in the
Sanger Wastewater CCN. The Planning and Zoning Commission recommended approval with the
condition all City of Sanger comments were satisfied. Hammonds summarized the variances from the
regulations in the Subdivision and Utility Ordinance requested by the applicant as follows:
1. Section 10.106 (c) – Sidewalks are to be constructed along entire frontage.Ms. Hammonds
noted that staff is ok with this variance as long as there is sufficient easement provided so a sidewalk
can be built at a future date. The property is located near a future park property (Porter Park) and,
at some point th City may want a sidewalk along that street.
2. Section 10.106 (d) – General. Drainage facilities shall be provided and constructed by the
developer in accordance with all city standards and the following basic requirements.The
applicant would like to leave this drainage as a ditch and not construct underground drainage.
3. Section 10.106 (e) (2) (B)(iii) – Water mains shall be installed 20 feet (20') onto the lot.
in or extended along all frontage streets of the proposed subdivision. The City requires the
water main to be extended along the front of the property. The applicant requested that they not be
required to extend the water main along the front of the property, that they will bring the water main
to the property. She noted that staff would be ok with that as long as they bring the water to the
property.
4. Section 10.106 (g)(7) – overhead electric lines to be placed underground across frontage.
The applicant requested that they do not want underground lines, but would like to leave them as
overhead lines.
5. Section 10.106 (b)(2)(C)(i) – On roadways, adjacent to the proposed subdivision, that are
designated to be major or secondary thoroughfares (except class A Loop Highway), the
subdivider shall be required to construct, at his own cost and expense, onehalf (1/2) of the
street section, up to a width of twentyfour feet (24’), measured to face of curbs, with integral
curbs on each side. The applicant requests waiving this requirement due to proportionality and it
being a single lot. Staff is ok with this, as it would be a huge expense for one residential lot
proportionality wise.
6. Section 13.2500(2)(A)(i) – A septic tank may be installed to serve an individual residence,
commercial, or industrial facility if: The premises upon which the structure is located is more
than two hundred feet (200’) from any city sanitary main. The applicant would like to waive the
requirement that they have to tie into the City sewer system and be allowed to install a septic
system.
Ms. Hammonds noted a letter that was presented to Council tonight from the original owners of the
property who are deeding the property to their daughter. The letter is a letter of intent for a future
Page 5
MINUTESCITY COUNCIL REGULAR MEETINGMONDAY, OCTOBER 5, 20207:00 PMHISTORIC CHURCH BUILDING 403 N 7TH STREET,SANGER, TEXASCOUNCIL MEMBERS PRESENT:Mayor Thomas Muir, Councilmember David Clark, Councilmember Marissa Barrett, Councilmember Allen Chick, Councilmember Dennis DillonCOUNCIL MEMBERS ABSENT:Mayor Pro Tem Gary BilyeuSTAFF MEMBERS PRESENT:Interim City Manager Jeriana Staton; City Attorney Hugh Coleman; City Engineer Tracy LaPiene;Interim Public Works Director Jim Bolz; Director of Development Services Ramie Hammonds;Parttime City Secretary Cheryl Price. 1.Call Meeting to Order, Establish a Quorum (Roll Call), Invocation.There being a quorum present, Mayor Muir called the meeting to order on Monday October 5,2020 at 7:00 p.m.. The Invocation was given by Councilmember Dillon and the Pledge ofAllegiance was led by Councilmember Clark. 2.CITIZEN INPUT:There were no citizens who came forward wishing to speak.3.CONSENT AGENDA:a.Approval of Minutes1.City Council Regular Meeting Minutes 09082020Approve Meeting Minutes from the September 8, 2020 Regular City Council Meeting. A motion was made by Councilmember Chick to approve the Consent Agenda as presented. Themotion was seconded by Councilmember Barrett. The motion to approve passed unanimously (40vote; Mayor Pro Tem Bilyeu absent). 4.Consider Any Items Removed from Consent Agenda.There were no items removed from the agenda. REGULAR AGENDA5.PSA Plummer Water RRA & ERPConsider, Discuss And Possibly Act To Approve A Professional Services Agreement With PlummerAssociates, Inc. For Water System Risk and Resilience Assessment and Emergency Response PlanAssistance In The Amount Of $20,000.00, And Authorize Mayor To Execute Agreement.Mayor Muir read the Agenda Item and recognized City Engineer Tracy LaPiene to provide a staffsummary. He summarized staff memo noting that in October 2018, Congress passed America'sWater Infrastructure Act (AWIA, or the Act). This is a federally mandated requirement and this Actrequires community water systems (CWS) serving more that 3,300 people to conduct a Risk andResilience Assessment (RRA), update Emergency Response Plan (ERP) for the water utility, and tosend the United States Environmental Protection Agency (EPA) certification of their completion. The RRA and the ERP will be required to be updated every five (5) years. The due date for theRRA is is June 2021 and the ERP is required within six months after June 2021. Mr. LaPieneadvised that due to the shortage in time and staff that he is requesting that this item be sent out to beperformed by Plummer Associates who are on the City's approved Engineering list. There was discussion between regarding the amount of staff man hours it would take to complete theprojects in house and City Engineer noted that it was not feasible with amount of projects, staff andtime shortages at this time. Mayor Muir summarized the proposed cost breakdown by Plummer and Associates, noting that theRRA proposed cost is $13,000 and the ERP is $7000 for a total of $20,000. Mayor Muir alsonoted that due to the workloads in the Engineering Department that City Engineer Tracy LaPiene hasbeen directed to outsource some projects when necessary. This is a budgeted expense and will bepaid for from Public Works Professional Services Budget Enterprise Fund. Councilmember Clark asked City Engineer Tracy LaPiene if any other firms were considered for theproject. Mr. LaPiene stated that that he chose Plummer Associates from the City's approvedqualified engineer list because they recently completed an RRA and ERP for the City of FlowerMound. Discussion ensued regarding putting the project out for a Request for Qualification to see if there areother qualified Engineers who should be considered for this project. It was noted that the projectcould not be put out for bid/pricing; however could only be selected on qualification basedselection. Mr. LaPiene stated that we do have time to look at the list and get some qualification proposals from other firms if that is what Council desires. City Attorney Hugh Coleman advised that for Professional Services the City can not negotiate onprice, but only qualifications. He suggested that the City could take a Request for Qualification andset up a committee and rank the engineers and select the most qualified. City Engineer Tracy LaPiene noted that once the Engineer is selected, then the price would benegotiated by the engineering firm selected, if the amount is outside of the budget, the next mostqualified firm could be selected. Discussion ensued and regarding firms that the City has worked with in the past and the interest inlooking to see if there were additional qualified engineering firms.It was consensus of the City Council after brief discussion ensued between the Mayor,Councilmembers, City Engineer Tracy LaPiene and Interim Public Works Director Jim Bolz. thatCouncil would like to for staff to pursue obtaining request for qualifications from additionalengineering firms. No motions were proposed. There was question as to table the item or to takeno action in order to give staff time to request for qualifications of additional engineering firms. Atthe recommendation of City Attorney Hugh Coleman, no action was taken on this item.6.PSA Plummer WWTP ScreenConsider, Discuss And Possibly Act To Approve A Professional Services Agreement With PlummerAssociates, Inc. For Design, Bidding And Construction Administration Services For TheWastewater Treatment Plant Influent Screen Replacement In The Amount Of $35,000.00, AndAuthorize City Manager To Execute Agreement.Mayor Muir read the Agenda Item and recognized City Engineer Tracy LaPiene to provide a staffsummary. He advised that on this item, he believed Plummer Associates is the best choice becauseof the work they are currently doing on the wastewater treatment plant and with the integration intodifferent flow controls, electronics and sensors it makes sense to use Plummer on this contract. Henoted that the intake screen at the wastewater treatment plant had been damaged repeatedly bylarge debris that has travelled through the sewer system to the plant resulting in needed repairs. Repair of the damaged system may cost more than 50% of a new screen system in materials andwould not prevent future damages. When the wastewater treatment plant was renovated the screenwas repaired and since then has been damaged by asphalt. The existing system is not designed tohandle the size of debris currently encountered in the wastewater system and in evaluating the coststo the repair of the existing system as well as the future costs of repair, Photos were provided in theCouncil packets of the damaged existing screen and they type of debris passing through the system.The Public Works Department and Plummer Associates believes it is most cost effective in the longterm to replace the existing screen system with a heavier duty screen that is designed to withstandthis type of debris. This is an expensive item and will be sent out to bid after Plummer andAssociates comes up with the design.There was discussion as to the type of debris that was damaging the system and how it got into thesystem, and it was noted it was concrete, rocks, asphalt; and may have entered the system with therecent pipe bursting and road projects. Discussion ensued as to how to prevent this from happeningin the future. It was noted by Mayor Muir that the new version will be a more industrial type screenand noted the need for it to be engineered as such. Mr. LaPiene noted the patent expires this yearfor the system so there may be an opportunity for other firms to bid the construction of the systemfor a better price. He noted that this item is budgeted in the current budget. The approval tonight isjust for the engineering. Councilmember Chick noted his concern that this is a large amount of moneyjust to engineer the product. Both, City Engineer Tracy LaPiene and Interim Public Works DirectorJim Bolz provided additional information and explanation as to why the part requires specificengineering and expertise in design. Discussion ensued between City Engineer Tracy LaPiene; Interim Public Works Director Jim Bolzand City Councilmembers regarding the engineering services associated with the improvementsnecessary to address the replacement of the City's mechanical fine screen at the wastewatertreatment plant. It was noted that the part was not a part that could be purchased on the market andwould have to be engineered and constructed to fit specific specifications in regard to size andregulatory requirements. Councilmember Clark noted the need for the repair and that it is anexpensive piece of equipment and he did not have a problem with Plummer Associates designing itbecause it needs to be on the plate, but we need to and have the debris stopped before it gets to thescreen; that staff needs to be proactive and work on the front side to prevent this from happening.A motion was made by Councilmember Chick to approve a professional Services Agreement withPlummer Associates, Inc. for Design, Bidding and Construction Administration Services for theWastewater Treatment Plan Influent Screen Replacement in the amount of $35,000.00 andAuthorized the City Manager to Execute Agreement. The motion was seconded byCouncilmember Clark. The motion to approve carried unanimously (40 vote; Mayor Pro TemBilyeu absent).7.Kirkland Street Addition, Phase IIIConsider, Discuss and Act on the Minor Plat of Lots 1 and 2 Block C, of Kirkland Street Addition,Phase III Being 0.440 Acres of the R Bebee Survey A29, and Generally Located on the SouthEast side of the Intersection of Kirkland Street and Sims Street. Mayor Muir read the agenda item and recognized Ramie Hammonds to provide a staff summary. She advised that the applicant is proposing to create two residential lots by combining two (2) unplatted tracts. The subject property is located within the SF10 Zoning District. The developerplans to build residential homes on the tracts. The property is within an area that is beginning to seedevelopment and growth. The property will be served by all city utilities. The proposed plat is aminor plat with no public improvements and less than four (4) lots, therefore no preliminary plat isrequired for this property. They have addressed all of staff comments and staff reccomendsapproval. The Planning and Zoning Commission recommended approval with the condition that allCity of Sanger staff comments are satisfied prior to Council approval.City Engineer Tracy LaPiene was recognized and noted that based on the location of this property,that he asked for a drainage easement on the south side of the two properties for drainageimprovements at some time in the future. The applicant was present and noted that they have agreedto this easement and are happy to do it.Councilmember Chick asked if there were any variances with this plat. Ms. Hammonds noted thereare no variances on this plat. There was brief discussion regarding the drainage on the property andit was noted that culverts were recently cleaned of large debris which should improve the drainageissues in the area.A motion was made by Councilmember Chick to approve the minor plat of Lots 1 and 2, Block C,of Kirkland Street Addition, Phase III being 0.440 acres of the R. Bebee Survey A29, andgenerally located on the southeast side of the intersection of Kirkland Street and Sims Street. Themotion was seconded by Councilmember Clark. The motion to approve carried unanimously (40vote; Mayor Pro Tem Bilyeu absent). 8.Levelle Addition Final PlatConsider, Discuss and Act on the Final Plat of Lot 1 Block A, of the Levelle Addition, Being 2.97Acres of the McKinney and Williams Survey Abstract 940, and Generally Located on the East Sideof Cowling Rd and Approximately 261 feet South of Deer Run Rd. Mayor Muir advised that he is recusing himself from Agenda Item No. 8 due to Conflict of Interest(relation to applicant) and turned the meeting over to Councilmember Chick. Mayor Muir left theroom. Councilmember Chick read the Agenda Item and recognized Director of Development ServicesRamie Hammonds for staff summary. She advised that this is a family owned piece of property andit is being divided for one of their children to live on. The applicant is proposing to create one (1)residential lot of 2.97 acres from parts of two (2) unplatted tracts. The subject property is locatedwithin the Agricultural Zoning District and single family residence is allowed. The lot will access fromCowling Road. The property will be served by City of Sanger Water, CoServ Electric, and is in theSanger Wastewater CCN. The Planning and Zoning Commission recommended approval with thecondition all City of Sanger comments were satisfied. Hammonds summarized the variances from theregulations in the Subdivision and Utility Ordinance requested by the applicant as follows:1. Section 10.106 (c) – Sidewalks are to be constructed along entire frontage.Ms. Hammondsnoted that staff is ok with this variance as long as there is sufficient easement provided so a sidewalkcan be built at a future date. The property is located near a future park property (Porter Park) and,at some point th City may want a sidewalk along that street.2. Section 10.106 (d) – General. Drainage facilities shall be provided and constructed by thedeveloper in accordance with all city standards and the following basic requirements.Theapplicant would like to leave this drainage as a ditch and not construct underground drainage.3. Section 10.106 (e) (2) (B)(iii) – Water mains shall be installed 20 feet (20') onto the lot.in or extended along all frontage streets of the proposed subdivision. The City requires thewater main to be extended along the front of the property. The applicant requested that they not berequired to extend the water main along the front of the property, that they will bring the water mainto the property. She noted that staff would be ok with that as long as they bring the water to theproperty.4. Section 10.106 (g)(7) – overhead electric lines to be placed underground across frontage.The applicant requested that they do not want underground lines, but would like to leave them asoverhead lines. 5. Section 10.106 (b)(2)(C)(i) – On roadways, adjacent to the proposed subdivision, that aredesignated to be major or secondary thoroughfares (except class A Loop Highway), thesubdivider shall be required to construct, at his own cost and expense, onehalf (1/2) of thestreet section, up to a width of twentyfour feet (24’), measured to face of curbs, with integralcurbs on each side. The applicant requests waiving this requirement due to proportionality and itbeing a single lot. Staff is ok with this, as it would be a huge expense for one residential lotproportionality wise. 6. Section 13.2500(2)(A)(i) – A septic tank may be installed to serve an individual residence,commercial, or industrial facility if: The premises upon which the structure is located is morethan two hundred feet (200’) from any city sanitary main. The applicant would like to waive therequirement that they have to tie into the City sewer system and be allowed to install a septicsystem.
Ms. Hammonds noted a letter that was presented to Council tonight from the original owners of the
property who are deeding the property to their daughter. The letter is a letter of intent for a future
easement that the City would like acquire and will be discussed with them at a future date. She
noted that the applicants are also present to answer any questions and that she would also be happy
to answer any questions.
Some questions were posed by Councilmember Clark regarding the the variances for sidewalks,
water and sewer.
Mr. Lee Allison with Allison Engineering Group was recognized to present the request for the
applicants . He introduced Jeanie LeVelle and called on her to introduce her family members and
describe what they are trying to accomplish with this request.
Jeanie LeVelle was recognized and introduced her husband, Jim LeVelle. She noted they have been
living in Louisiana for 29 years and have recently moved to Texas to be with their family. They
retired from the State of Louisiana and moved back to Texas where a majority of their family lives.
She introduced her parents J.B. and Shirley Haisler, who grew up here and bought a farm about 70
years ago just outside of Sanger. She noted that they have been raising cattle and various crops
through the years and their farm was placed in the City Limits about 15 years ago. She introduced
their daughter, Hannah who is 39 years old, has Cerebral Palsy and lives with them. They recently
worked with an architect to design a completely accessible home so that as they age, they can
continue to care for their daughter. They would like to build the home next to their parents home so
they can be nearby and help their parents as well. She noted that she would like to be able to build
this home so they can help their daughter and their parents. She stated that if the Council approves
this request to allow them to build an accessible home for their daughter, next door to their parents,
that the Council would be granting her family a better quality of life. She thanked the Council for
their consideration.
Mr. Lee Allison with Allison Engineering Group was recognized and gave a detailed summary
presentation regarding the variances requested. He stated that he would provide certain criteria for
each variance requested so the Council could make a decision based on the criteria provided. He
provided history noting that the LaVelle's made an application on July 7th for this plat and learned
that there were going to be some variances and other items (such as the design of the extension of
the water line) necessary, which is why they contacted his firm. He noted that they did the variance
request in the form of a letter and did not do an application because this is a subdivision variance and
not a zoning variance and the City does not have an application form for subdivision variances. He
noted in working through the requirements of the subdivision ordinances they looked at the cost of
the improvements and to extend the city utilities, etc., they could be looking at $200,000 to
$400,000 in improvements for the $350,000400,000 home they plan to construct. He pointed out
that the subdivision code is geared for development of subdivisions with several lots, and not for
situations such as this one (1) singlefamily residence on 2.5 acres. This is a request for subdivision
variances and also a variance in relation to Article 13 Utility Services in regard to sanitary sewer
service. He quoted the Local Government Code Chapter 212.904 which has to do with
proportionality to the development and that you can not ask a developer to do more than what is
reasonable in proportion to what they are adding to the system. He noted that these laws have been
challenged and referenced a case, "Flower Mound vs Stafford". He summarized and noted the
extensive requirements and cost of improvements, dedication and utilities for this one (1) single
family residence. He also noted that for the sidewalk requirement the rightofway is typically
included in the street rightofway and additional rightofway should not be required for dedication.
He advised that the LeVelle's have agreed to a fifteen foot (15') public utility drainage easement
which could also be called a sidewalk easement and summarized the reasoning for the sidewalk not
Page 6
MINUTESCITY COUNCIL REGULAR MEETINGMONDAY, OCTOBER 5, 20207:00 PMHISTORIC CHURCH BUILDING 403 N 7TH STREET,SANGER, TEXASCOUNCIL MEMBERS PRESENT:Mayor Thomas Muir, Councilmember David Clark, Councilmember Marissa Barrett, Councilmember Allen Chick, Councilmember Dennis DillonCOUNCIL MEMBERS ABSENT:Mayor Pro Tem Gary BilyeuSTAFF MEMBERS PRESENT:Interim City Manager Jeriana Staton; City Attorney Hugh Coleman; City Engineer Tracy LaPiene;Interim Public Works Director Jim Bolz; Director of Development Services Ramie Hammonds;Parttime City Secretary Cheryl Price. 1.Call Meeting to Order, Establish a Quorum (Roll Call), Invocation.There being a quorum present, Mayor Muir called the meeting to order on Monday October 5,2020 at 7:00 p.m.. The Invocation was given by Councilmember Dillon and the Pledge ofAllegiance was led by Councilmember Clark. 2.CITIZEN INPUT:There were no citizens who came forward wishing to speak.3.CONSENT AGENDA:a.Approval of Minutes1.City Council Regular Meeting Minutes 09082020Approve Meeting Minutes from the September 8, 2020 Regular City Council Meeting. A motion was made by Councilmember Chick to approve the Consent Agenda as presented. Themotion was seconded by Councilmember Barrett. The motion to approve passed unanimously (40vote; Mayor Pro Tem Bilyeu absent). 4.Consider Any Items Removed from Consent Agenda.There were no items removed from the agenda. REGULAR AGENDA5.PSA Plummer Water RRA & ERPConsider, Discuss And Possibly Act To Approve A Professional Services Agreement With PlummerAssociates, Inc. For Water System Risk and Resilience Assessment and Emergency Response PlanAssistance In The Amount Of $20,000.00, And Authorize Mayor To Execute Agreement.Mayor Muir read the Agenda Item and recognized City Engineer Tracy LaPiene to provide a staffsummary. He summarized staff memo noting that in October 2018, Congress passed America'sWater Infrastructure Act (AWIA, or the Act). This is a federally mandated requirement and this Actrequires community water systems (CWS) serving more that 3,300 people to conduct a Risk andResilience Assessment (RRA), update Emergency Response Plan (ERP) for the water utility, and tosend the United States Environmental Protection Agency (EPA) certification of their completion. The RRA and the ERP will be required to be updated every five (5) years. The due date for theRRA is is June 2021 and the ERP is required within six months after June 2021. Mr. LaPieneadvised that due to the shortage in time and staff that he is requesting that this item be sent out to beperformed by Plummer Associates who are on the City's approved Engineering list. There was discussion between regarding the amount of staff man hours it would take to complete theprojects in house and City Engineer noted that it was not feasible with amount of projects, staff andtime shortages at this time. Mayor Muir summarized the proposed cost breakdown by Plummer and Associates, noting that theRRA proposed cost is $13,000 and the ERP is $7000 for a total of $20,000. Mayor Muir alsonoted that due to the workloads in the Engineering Department that City Engineer Tracy LaPiene hasbeen directed to outsource some projects when necessary. This is a budgeted expense and will bepaid for from Public Works Professional Services Budget Enterprise Fund. Councilmember Clark asked City Engineer Tracy LaPiene if any other firms were considered for theproject. Mr. LaPiene stated that that he chose Plummer Associates from the City's approvedqualified engineer list because they recently completed an RRA and ERP for the City of FlowerMound. Discussion ensued regarding putting the project out for a Request for Qualification to see if there areother qualified Engineers who should be considered for this project. It was noted that the projectcould not be put out for bid/pricing; however could only be selected on qualification basedselection. Mr. LaPiene stated that we do have time to look at the list and get some qualification proposals from other firms if that is what Council desires. City Attorney Hugh Coleman advised that for Professional Services the City can not negotiate onprice, but only qualifications. He suggested that the City could take a Request for Qualification andset up a committee and rank the engineers and select the most qualified. City Engineer Tracy LaPiene noted that once the Engineer is selected, then the price would benegotiated by the engineering firm selected, if the amount is outside of the budget, the next mostqualified firm could be selected. Discussion ensued and regarding firms that the City has worked with in the past and the interest inlooking to see if there were additional qualified engineering firms.It was consensus of the City Council after brief discussion ensued between the Mayor,Councilmembers, City Engineer Tracy LaPiene and Interim Public Works Director Jim Bolz. thatCouncil would like to for staff to pursue obtaining request for qualifications from additionalengineering firms. No motions were proposed. There was question as to table the item or to takeno action in order to give staff time to request for qualifications of additional engineering firms. Atthe recommendation of City Attorney Hugh Coleman, no action was taken on this item.6.PSA Plummer WWTP ScreenConsider, Discuss And Possibly Act To Approve A Professional Services Agreement With PlummerAssociates, Inc. For Design, Bidding And Construction Administration Services For TheWastewater Treatment Plant Influent Screen Replacement In The Amount Of $35,000.00, AndAuthorize City Manager To Execute Agreement.Mayor Muir read the Agenda Item and recognized City Engineer Tracy LaPiene to provide a staffsummary. He advised that on this item, he believed Plummer Associates is the best choice becauseof the work they are currently doing on the wastewater treatment plant and with the integration intodifferent flow controls, electronics and sensors it makes sense to use Plummer on this contract. Henoted that the intake screen at the wastewater treatment plant had been damaged repeatedly bylarge debris that has travelled through the sewer system to the plant resulting in needed repairs. Repair of the damaged system may cost more than 50% of a new screen system in materials andwould not prevent future damages. When the wastewater treatment plant was renovated the screenwas repaired and since then has been damaged by asphalt. The existing system is not designed tohandle the size of debris currently encountered in the wastewater system and in evaluating the coststo the repair of the existing system as well as the future costs of repair, Photos were provided in theCouncil packets of the damaged existing screen and they type of debris passing through the system.The Public Works Department and Plummer Associates believes it is most cost effective in the longterm to replace the existing screen system with a heavier duty screen that is designed to withstandthis type of debris. This is an expensive item and will be sent out to bid after Plummer andAssociates comes up with the design.There was discussion as to the type of debris that was damaging the system and how it got into thesystem, and it was noted it was concrete, rocks, asphalt; and may have entered the system with therecent pipe bursting and road projects. Discussion ensued as to how to prevent this from happeningin the future. It was noted by Mayor Muir that the new version will be a more industrial type screenand noted the need for it to be engineered as such. Mr. LaPiene noted the patent expires this yearfor the system so there may be an opportunity for other firms to bid the construction of the systemfor a better price. He noted that this item is budgeted in the current budget. The approval tonight isjust for the engineering. Councilmember Chick noted his concern that this is a large amount of moneyjust to engineer the product. Both, City Engineer Tracy LaPiene and Interim Public Works DirectorJim Bolz provided additional information and explanation as to why the part requires specificengineering and expertise in design. Discussion ensued between City Engineer Tracy LaPiene; Interim Public Works Director Jim Bolzand City Councilmembers regarding the engineering services associated with the improvementsnecessary to address the replacement of the City's mechanical fine screen at the wastewatertreatment plant. It was noted that the part was not a part that could be purchased on the market andwould have to be engineered and constructed to fit specific specifications in regard to size andregulatory requirements. Councilmember Clark noted the need for the repair and that it is anexpensive piece of equipment and he did not have a problem with Plummer Associates designing itbecause it needs to be on the plate, but we need to and have the debris stopped before it gets to thescreen; that staff needs to be proactive and work on the front side to prevent this from happening.A motion was made by Councilmember Chick to approve a professional Services Agreement withPlummer Associates, Inc. for Design, Bidding and Construction Administration Services for theWastewater Treatment Plan Influent Screen Replacement in the amount of $35,000.00 andAuthorized the City Manager to Execute Agreement. The motion was seconded byCouncilmember Clark. The motion to approve carried unanimously (40 vote; Mayor Pro TemBilyeu absent).7.Kirkland Street Addition, Phase IIIConsider, Discuss and Act on the Minor Plat of Lots 1 and 2 Block C, of Kirkland Street Addition,Phase III Being 0.440 Acres of the R Bebee Survey A29, and Generally Located on the SouthEast side of the Intersection of Kirkland Street and Sims Street. Mayor Muir read the agenda item and recognized Ramie Hammonds to provide a staff summary. She advised that the applicant is proposing to create two residential lots by combining two (2) unplatted tracts. The subject property is located within the SF10 Zoning District. The developerplans to build residential homes on the tracts. The property is within an area that is beginning to seedevelopment and growth. The property will be served by all city utilities. The proposed plat is aminor plat with no public improvements and less than four (4) lots, therefore no preliminary plat isrequired for this property. They have addressed all of staff comments and staff reccomendsapproval. The Planning and Zoning Commission recommended approval with the condition that allCity of Sanger staff comments are satisfied prior to Council approval.City Engineer Tracy LaPiene was recognized and noted that based on the location of this property,that he asked for a drainage easement on the south side of the two properties for drainageimprovements at some time in the future. The applicant was present and noted that they have agreedto this easement and are happy to do it.Councilmember Chick asked if there were any variances with this plat. Ms. Hammonds noted thereare no variances on this plat. There was brief discussion regarding the drainage on the property andit was noted that culverts were recently cleaned of large debris which should improve the drainageissues in the area.A motion was made by Councilmember Chick to approve the minor plat of Lots 1 and 2, Block C,of Kirkland Street Addition, Phase III being 0.440 acres of the R. Bebee Survey A29, andgenerally located on the southeast side of the intersection of Kirkland Street and Sims Street. Themotion was seconded by Councilmember Clark. The motion to approve carried unanimously (40vote; Mayor Pro Tem Bilyeu absent). 8.Levelle Addition Final PlatConsider, Discuss and Act on the Final Plat of Lot 1 Block A, of the Levelle Addition, Being 2.97Acres of the McKinney and Williams Survey Abstract 940, and Generally Located on the East Sideof Cowling Rd and Approximately 261 feet South of Deer Run Rd. Mayor Muir advised that he is recusing himself from Agenda Item No. 8 due to Conflict of Interest(relation to applicant) and turned the meeting over to Councilmember Chick. Mayor Muir left theroom. Councilmember Chick read the Agenda Item and recognized Director of Development ServicesRamie Hammonds for staff summary. She advised that this is a family owned piece of property andit is being divided for one of their children to live on. The applicant is proposing to create one (1)residential lot of 2.97 acres from parts of two (2) unplatted tracts. The subject property is locatedwithin the Agricultural Zoning District and single family residence is allowed. The lot will access fromCowling Road. The property will be served by City of Sanger Water, CoServ Electric, and is in theSanger Wastewater CCN. The Planning and Zoning Commission recommended approval with thecondition all City of Sanger comments were satisfied. Hammonds summarized the variances from theregulations in the Subdivision and Utility Ordinance requested by the applicant as follows:1. Section 10.106 (c) – Sidewalks are to be constructed along entire frontage.Ms. Hammondsnoted that staff is ok with this variance as long as there is sufficient easement provided so a sidewalkcan be built at a future date. The property is located near a future park property (Porter Park) and,at some point th City may want a sidewalk along that street.2. Section 10.106 (d) – General. Drainage facilities shall be provided and constructed by thedeveloper in accordance with all city standards and the following basic requirements.Theapplicant would like to leave this drainage as a ditch and not construct underground drainage.3. Section 10.106 (e) (2) (B)(iii) – Water mains shall be installed 20 feet (20') onto the lot.in or extended along all frontage streets of the proposed subdivision. The City requires thewater main to be extended along the front of the property. The applicant requested that they not berequired to extend the water main along the front of the property, that they will bring the water mainto the property. She noted that staff would be ok with that as long as they bring the water to theproperty.4. Section 10.106 (g)(7) – overhead electric lines to be placed underground across frontage.The applicant requested that they do not want underground lines, but would like to leave them asoverhead lines. 5. Section 10.106 (b)(2)(C)(i) – On roadways, adjacent to the proposed subdivision, that aredesignated to be major or secondary thoroughfares (except class A Loop Highway), thesubdivider shall be required to construct, at his own cost and expense, onehalf (1/2) of thestreet section, up to a width of twentyfour feet (24’), measured to face of curbs, with integralcurbs on each side. The applicant requests waiving this requirement due to proportionality and itbeing a single lot. Staff is ok with this, as it would be a huge expense for one residential lotproportionality wise. 6. Section 13.2500(2)(A)(i) – A septic tank may be installed to serve an individual residence,commercial, or industrial facility if: The premises upon which the structure is located is morethan two hundred feet (200’) from any city sanitary main. The applicant would like to waive therequirement that they have to tie into the City sewer system and be allowed to install a septicsystem. Ms. Hammonds noted a letter that was presented to Council tonight from the original owners of theproperty who are deeding the property to their daughter. The letter is a letter of intent for a futureeasement that the City would like acquire and will be discussed with them at a future date. Shenoted that the applicants are also present to answer any questions and that she would also be happyto answer any questions. Some questions were posed by Councilmember Clark regarding the the variances for sidewalks,water and sewer. Mr. Lee Allison with Allison Engineering Group was recognized to present the request for theapplicants . He introduced Jeanie LeVelle and called on her to introduce her family members anddescribe what they are trying to accomplish with this request. Jeanie LeVelle was recognized and introduced her husband, Jim LeVelle. She noted they have beenliving in Louisiana for 29 years and have recently moved to Texas to be with their family. Theyretired from the State of Louisiana and moved back to Texas where a majority of their family lives. She introduced her parents J.B. and Shirley Haisler, who grew up here and bought a farm about 70years ago just outside of Sanger. She noted that they have been raising cattle and various cropsthrough the years and their farm was placed in the City Limits about 15 years ago. She introducedtheir daughter, Hannah who is 39 years old, has Cerebral Palsy and lives with them. They recentlyworked with an architect to design a completely accessible home so that as they age, they cancontinue to care for their daughter. They would like to build the home next to their parents home sothey can be nearby and help their parents as well. She noted that she would like to be able to buildthis home so they can help their daughter and their parents. She stated that if the Council approvesthis request to allow them to build an accessible home for their daughter, next door to their parents,that the Council would be granting her family a better quality of life. She thanked the Council fortheir consideration. Mr. Lee Allison with Allison Engineering Group was recognized and gave a detailed summarypresentation regarding the variances requested. He stated that he would provide certain criteria foreach variance requested so the Council could make a decision based on the criteria provided. Heprovided history noting that the LaVelle's made an application on July 7th for this plat and learnedthat there were going to be some variances and other items (such as the design of the extension ofthe water line) necessary, which is why they contacted his firm. He noted that they did the variancerequest in the form of a letter and did not do an application because this is a subdivision variance andnot a zoning variance and the City does not have an application form for subdivision variances. Henoted in working through the requirements of the subdivision ordinances they looked at the cost ofthe improvements and to extend the city utilities, etc., they could be looking at $200,000 to$400,000 in improvements for the $350,000400,000 home they plan to construct. He pointed outthat the subdivision code is geared for development of subdivisions with several lots, and not forsituations such as this one (1) singlefamily residence on 2.5 acres. This is a request for subdivisionvariances and also a variance in relation to Article 13 Utility Services in regard to sanitary sewerservice. He quoted the Local Government Code Chapter 212.904 which has to do withproportionality to the development and that you can not ask a developer to do more than what isreasonable in proportion to what they are adding to the system. He noted that these laws have beenchallenged and referenced a case, "Flower Mound vs Stafford". He summarized and noted theextensive requirements and cost of improvements, dedication and utilities for this one (1) singlefamily residence. He also noted that for the sidewalk requirement the rightofway is typicallyincluded in the street rightofway and additional rightofway should not be required for dedication.
He advised that the LeVelle's have agreed to a fifteen foot (15') public utility drainage easement
which could also be called a sidewalk easement and summarized the reasoning for the sidewalk not
to be constructed at this time in regards to the proportionality of use and the fact that Cowling Road
future improvements more than likely will require reconstruction of the sidewalk. He summarized the
drainage, the request for the drainage easement and their request for reduction of onsite and offsite
construction of the water main and provided details of construction. He noted the electric line
requirement for underground utilities and that there are existing above ground lines in front of the
property and was not sure if CoServ would agree to have such a small proportion of this one piece
of property placed underground and have a differential in service needs. All that is needed is a
service drop as the electricity is already there. He noted that the proportionality also has to do with
the rightofway and not just the physical improvements and summarized amount of road
dedication. The are dedicating 40 feet for their portion of the road, which is an additional l5 feet.
He summarized the sanitary sewer requirement and noted that if the lot is 200 feet from the facilities
they must connect to the sewer system. In this situation the lot is within 40 feet from the sewer line;
however, the house is more than 320 feet from the connection. He summarized the additional costs
to and get a sewer tap. He also noted a letter of Intent from the property owner J.B. Haisler, which
was provided at the meeting tonight for a possible future Sanitary Sewer Easement for the City of
Sanger across their property located between Cowling Road and Rector Road in southern Sanger.
It was noted there will be a future meeting regarding this easement as the master planning effort is in
progress and the final route has not been determined.
Councilmember Chick asked if there are plans for a fire hydrant. Mr. Allison noted that they have
started on the plans and they need to clarify that they have a fire hydrant in close proximity.
Councilmember Chick asked if they were going to share the use of the driveway and it was noted
that it would be a new separate driveway. He asked if the other house (their parents house) was on
septic and Mr. Allison stated it is on septic.
Councilmember Dillon noted he did not have a problem with the variances on this proerpty but what
if a development comes in south of the property would these variances impact the development.
Ms. Hammonds noted that any development in the future would have to go by the subdivision code
in place. Councilmember Barrett noted that she understands that the variances for this property will
not affect future development regulations and would depend on the use and proportionality to any
proposed future subdivision which would have to meet the development regulations as such. Ms.
Hammonds reiterated that these variances have no impact on future development. There was brief
discussion regarding the subdivision regulations and it was noted that any development whether it be
one lot or several lots that if falls under the subdivision regulations.
Councilmember Clark noted he agreed to all of the variances but did not understand the sewer tap.
Ms. Hammonds noted that if within 200 feet of the facility that they are required to connect to the
sewer system. Mr. Allison summarized the sanitary sewer requirement and noted that this not a
variance to the subdivision ordinance but would be a variance to the Utility Service Requirement.
That section does allow if the utility connection is more than 200 feet from the utility service line that
it could be served by septic. This is an exception where the lot is within 40 feet from the sewer line;
however, the house is going to be more than 320 feet from the connection and he again summarized
the additional costs to run the service line and to get the sewer tap. Mr. Allison noted that variance
request is a plea for practicality.
Councilmember Chick solicited any additional comments or questions.
A motion was made by Councilmember Clark to approve the Final Plat of Lot 1, Block A, of the
Levelle Addition, being 2.97 Acres of the McKinney and Williams Survey Abstract 940, and
Page 7
MINUTESCITY COUNCIL REGULAR MEETINGMONDAY, OCTOBER 5, 20207:00 PMHISTORIC CHURCH BUILDING 403 N 7TH STREET,SANGER, TEXASCOUNCIL MEMBERS PRESENT:Mayor Thomas Muir, Councilmember David Clark, Councilmember Marissa Barrett, Councilmember Allen Chick, Councilmember Dennis DillonCOUNCIL MEMBERS ABSENT:Mayor Pro Tem Gary BilyeuSTAFF MEMBERS PRESENT:Interim City Manager Jeriana Staton; City Attorney Hugh Coleman; City Engineer Tracy LaPiene;Interim Public Works Director Jim Bolz; Director of Development Services Ramie Hammonds;Parttime City Secretary Cheryl Price. 1.Call Meeting to Order, Establish a Quorum (Roll Call), Invocation.There being a quorum present, Mayor Muir called the meeting to order on Monday October 5,2020 at 7:00 p.m.. The Invocation was given by Councilmember Dillon and the Pledge ofAllegiance was led by Councilmember Clark. 2.CITIZEN INPUT:There were no citizens who came forward wishing to speak.3.CONSENT AGENDA:a.Approval of Minutes1.City Council Regular Meeting Minutes 09082020Approve Meeting Minutes from the September 8, 2020 Regular City Council Meeting. A motion was made by Councilmember Chick to approve the Consent Agenda as presented. Themotion was seconded by Councilmember Barrett. The motion to approve passed unanimously (40vote; Mayor Pro Tem Bilyeu absent). 4.Consider Any Items Removed from Consent Agenda.There were no items removed from the agenda. REGULAR AGENDA5.PSA Plummer Water RRA & ERPConsider, Discuss And Possibly Act To Approve A Professional Services Agreement With PlummerAssociates, Inc. For Water System Risk and Resilience Assessment and Emergency Response PlanAssistance In The Amount Of $20,000.00, And Authorize Mayor To Execute Agreement.Mayor Muir read the Agenda Item and recognized City Engineer Tracy LaPiene to provide a staffsummary. He summarized staff memo noting that in October 2018, Congress passed America'sWater Infrastructure Act (AWIA, or the Act). This is a federally mandated requirement and this Actrequires community water systems (CWS) serving more that 3,300 people to conduct a Risk andResilience Assessment (RRA), update Emergency Response Plan (ERP) for the water utility, and tosend the United States Environmental Protection Agency (EPA) certification of their completion. The RRA and the ERP will be required to be updated every five (5) years. The due date for theRRA is is June 2021 and the ERP is required within six months after June 2021. Mr. LaPieneadvised that due to the shortage in time and staff that he is requesting that this item be sent out to beperformed by Plummer Associates who are on the City's approved Engineering list. There was discussion between regarding the amount of staff man hours it would take to complete theprojects in house and City Engineer noted that it was not feasible with amount of projects, staff andtime shortages at this time. Mayor Muir summarized the proposed cost breakdown by Plummer and Associates, noting that theRRA proposed cost is $13,000 and the ERP is $7000 for a total of $20,000. Mayor Muir alsonoted that due to the workloads in the Engineering Department that City Engineer Tracy LaPiene hasbeen directed to outsource some projects when necessary. This is a budgeted expense and will bepaid for from Public Works Professional Services Budget Enterprise Fund. Councilmember Clark asked City Engineer Tracy LaPiene if any other firms were considered for theproject. Mr. LaPiene stated that that he chose Plummer Associates from the City's approvedqualified engineer list because they recently completed an RRA and ERP for the City of FlowerMound. Discussion ensued regarding putting the project out for a Request for Qualification to see if there areother qualified Engineers who should be considered for this project. It was noted that the projectcould not be put out for bid/pricing; however could only be selected on qualification basedselection. Mr. LaPiene stated that we do have time to look at the list and get some qualification proposals from other firms if that is what Council desires. City Attorney Hugh Coleman advised that for Professional Services the City can not negotiate onprice, but only qualifications. He suggested that the City could take a Request for Qualification andset up a committee and rank the engineers and select the most qualified. City Engineer Tracy LaPiene noted that once the Engineer is selected, then the price would benegotiated by the engineering firm selected, if the amount is outside of the budget, the next mostqualified firm could be selected. Discussion ensued and regarding firms that the City has worked with in the past and the interest inlooking to see if there were additional qualified engineering firms.It was consensus of the City Council after brief discussion ensued between the Mayor,Councilmembers, City Engineer Tracy LaPiene and Interim Public Works Director Jim Bolz. thatCouncil would like to for staff to pursue obtaining request for qualifications from additionalengineering firms. No motions were proposed. There was question as to table the item or to takeno action in order to give staff time to request for qualifications of additional engineering firms. Atthe recommendation of City Attorney Hugh Coleman, no action was taken on this item.6.PSA Plummer WWTP ScreenConsider, Discuss And Possibly Act To Approve A Professional Services Agreement With PlummerAssociates, Inc. For Design, Bidding And Construction Administration Services For TheWastewater Treatment Plant Influent Screen Replacement In The Amount Of $35,000.00, AndAuthorize City Manager To Execute Agreement.Mayor Muir read the Agenda Item and recognized City Engineer Tracy LaPiene to provide a staffsummary. He advised that on this item, he believed Plummer Associates is the best choice becauseof the work they are currently doing on the wastewater treatment plant and with the integration intodifferent flow controls, electronics and sensors it makes sense to use Plummer on this contract. Henoted that the intake screen at the wastewater treatment plant had been damaged repeatedly bylarge debris that has travelled through the sewer system to the plant resulting in needed repairs. Repair of the damaged system may cost more than 50% of a new screen system in materials andwould not prevent future damages. When the wastewater treatment plant was renovated the screenwas repaired and since then has been damaged by asphalt. The existing system is not designed tohandle the size of debris currently encountered in the wastewater system and in evaluating the coststo the repair of the existing system as well as the future costs of repair, Photos were provided in theCouncil packets of the damaged existing screen and they type of debris passing through the system.The Public Works Department and Plummer Associates believes it is most cost effective in the longterm to replace the existing screen system with a heavier duty screen that is designed to withstandthis type of debris. This is an expensive item and will be sent out to bid after Plummer andAssociates comes up with the design.There was discussion as to the type of debris that was damaging the system and how it got into thesystem, and it was noted it was concrete, rocks, asphalt; and may have entered the system with therecent pipe bursting and road projects. Discussion ensued as to how to prevent this from happeningin the future. It was noted by Mayor Muir that the new version will be a more industrial type screenand noted the need for it to be engineered as such. Mr. LaPiene noted the patent expires this yearfor the system so there may be an opportunity for other firms to bid the construction of the systemfor a better price. He noted that this item is budgeted in the current budget. The approval tonight isjust for the engineering. Councilmember Chick noted his concern that this is a large amount of moneyjust to engineer the product. Both, City Engineer Tracy LaPiene and Interim Public Works DirectorJim Bolz provided additional information and explanation as to why the part requires specificengineering and expertise in design. Discussion ensued between City Engineer Tracy LaPiene; Interim Public Works Director Jim Bolzand City Councilmembers regarding the engineering services associated with the improvementsnecessary to address the replacement of the City's mechanical fine screen at the wastewatertreatment plant. It was noted that the part was not a part that could be purchased on the market andwould have to be engineered and constructed to fit specific specifications in regard to size andregulatory requirements. Councilmember Clark noted the need for the repair and that it is anexpensive piece of equipment and he did not have a problem with Plummer Associates designing itbecause it needs to be on the plate, but we need to and have the debris stopped before it gets to thescreen; that staff needs to be proactive and work on the front side to prevent this from happening.A motion was made by Councilmember Chick to approve a professional Services Agreement withPlummer Associates, Inc. for Design, Bidding and Construction Administration Services for theWastewater Treatment Plan Influent Screen Replacement in the amount of $35,000.00 andAuthorized the City Manager to Execute Agreement. The motion was seconded byCouncilmember Clark. The motion to approve carried unanimously (40 vote; Mayor Pro TemBilyeu absent).7.Kirkland Street Addition, Phase IIIConsider, Discuss and Act on the Minor Plat of Lots 1 and 2 Block C, of Kirkland Street Addition,Phase III Being 0.440 Acres of the R Bebee Survey A29, and Generally Located on the SouthEast side of the Intersection of Kirkland Street and Sims Street. Mayor Muir read the agenda item and recognized Ramie Hammonds to provide a staff summary. She advised that the applicant is proposing to create two residential lots by combining two (2) unplatted tracts. The subject property is located within the SF10 Zoning District. The developerplans to build residential homes on the tracts. The property is within an area that is beginning to seedevelopment and growth. The property will be served by all city utilities. The proposed plat is aminor plat with no public improvements and less than four (4) lots, therefore no preliminary plat isrequired for this property. They have addressed all of staff comments and staff reccomendsapproval. The Planning and Zoning Commission recommended approval with the condition that allCity of Sanger staff comments are satisfied prior to Council approval.City Engineer Tracy LaPiene was recognized and noted that based on the location of this property,that he asked for a drainage easement on the south side of the two properties for drainageimprovements at some time in the future. The applicant was present and noted that they have agreedto this easement and are happy to do it.Councilmember Chick asked if there were any variances with this plat. Ms. Hammonds noted thereare no variances on this plat. There was brief discussion regarding the drainage on the property andit was noted that culverts were recently cleaned of large debris which should improve the drainageissues in the area.A motion was made by Councilmember Chick to approve the minor plat of Lots 1 and 2, Block C,of Kirkland Street Addition, Phase III being 0.440 acres of the R. Bebee Survey A29, andgenerally located on the southeast side of the intersection of Kirkland Street and Sims Street. Themotion was seconded by Councilmember Clark. The motion to approve carried unanimously (40vote; Mayor Pro Tem Bilyeu absent). 8.Levelle Addition Final PlatConsider, Discuss and Act on the Final Plat of Lot 1 Block A, of the Levelle Addition, Being 2.97Acres of the McKinney and Williams Survey Abstract 940, and Generally Located on the East Sideof Cowling Rd and Approximately 261 feet South of Deer Run Rd. Mayor Muir advised that he is recusing himself from Agenda Item No. 8 due to Conflict of Interest(relation to applicant) and turned the meeting over to Councilmember Chick. Mayor Muir left theroom. Councilmember Chick read the Agenda Item and recognized Director of Development ServicesRamie Hammonds for staff summary. She advised that this is a family owned piece of property andit is being divided for one of their children to live on. The applicant is proposing to create one (1)residential lot of 2.97 acres from parts of two (2) unplatted tracts. The subject property is locatedwithin the Agricultural Zoning District and single family residence is allowed. The lot will access fromCowling Road. The property will be served by City of Sanger Water, CoServ Electric, and is in theSanger Wastewater CCN. The Planning and Zoning Commission recommended approval with thecondition all City of Sanger comments were satisfied. Hammonds summarized the variances from theregulations in the Subdivision and Utility Ordinance requested by the applicant as follows:1. Section 10.106 (c) – Sidewalks are to be constructed along entire frontage.Ms. Hammondsnoted that staff is ok with this variance as long as there is sufficient easement provided so a sidewalkcan be built at a future date. The property is located near a future park property (Porter Park) and,at some point th City may want a sidewalk along that street.2. Section 10.106 (d) – General. Drainage facilities shall be provided and constructed by thedeveloper in accordance with all city standards and the following basic requirements.Theapplicant would like to leave this drainage as a ditch and not construct underground drainage.3. Section 10.106 (e) (2) (B)(iii) – Water mains shall be installed 20 feet (20') onto the lot.in or extended along all frontage streets of the proposed subdivision. The City requires thewater main to be extended along the front of the property. The applicant requested that they not berequired to extend the water main along the front of the property, that they will bring the water mainto the property. She noted that staff would be ok with that as long as they bring the water to theproperty.4. Section 10.106 (g)(7) – overhead electric lines to be placed underground across frontage.The applicant requested that they do not want underground lines, but would like to leave them asoverhead lines. 5. Section 10.106 (b)(2)(C)(i) – On roadways, adjacent to the proposed subdivision, that aredesignated to be major or secondary thoroughfares (except class A Loop Highway), thesubdivider shall be required to construct, at his own cost and expense, onehalf (1/2) of thestreet section, up to a width of twentyfour feet (24’), measured to face of curbs, with integralcurbs on each side. The applicant requests waiving this requirement due to proportionality and itbeing a single lot. Staff is ok with this, as it would be a huge expense for one residential lotproportionality wise. 6. Section 13.2500(2)(A)(i) – A septic tank may be installed to serve an individual residence,commercial, or industrial facility if: The premises upon which the structure is located is morethan two hundred feet (200’) from any city sanitary main. The applicant would like to waive therequirement that they have to tie into the City sewer system and be allowed to install a septicsystem. Ms. Hammonds noted a letter that was presented to Council tonight from the original owners of theproperty who are deeding the property to their daughter. The letter is a letter of intent for a futureeasement that the City would like acquire and will be discussed with them at a future date. Shenoted that the applicants are also present to answer any questions and that she would also be happyto answer any questions. Some questions were posed by Councilmember Clark regarding the the variances for sidewalks,water and sewer. Mr. Lee Allison with Allison Engineering Group was recognized to present the request for theapplicants . He introduced Jeanie LeVelle and called on her to introduce her family members anddescribe what they are trying to accomplish with this request. Jeanie LeVelle was recognized and introduced her husband, Jim LeVelle. She noted they have beenliving in Louisiana for 29 years and have recently moved to Texas to be with their family. Theyretired from the State of Louisiana and moved back to Texas where a majority of their family lives. She introduced her parents J.B. and Shirley Haisler, who grew up here and bought a farm about 70years ago just outside of Sanger. She noted that they have been raising cattle and various cropsthrough the years and their farm was placed in the City Limits about 15 years ago. She introducedtheir daughter, Hannah who is 39 years old, has Cerebral Palsy and lives with them. They recentlyworked with an architect to design a completely accessible home so that as they age, they cancontinue to care for their daughter. They would like to build the home next to their parents home sothey can be nearby and help their parents as well. She noted that she would like to be able to buildthis home so they can help their daughter and their parents. She stated that if the Council approvesthis request to allow them to build an accessible home for their daughter, next door to their parents,that the Council would be granting her family a better quality of life. She thanked the Council fortheir consideration. Mr. Lee Allison with Allison Engineering Group was recognized and gave a detailed summarypresentation regarding the variances requested. He stated that he would provide certain criteria foreach variance requested so the Council could make a decision based on the criteria provided. Heprovided history noting that the LaVelle's made an application on July 7th for this plat and learnedthat there were going to be some variances and other items (such as the design of the extension ofthe water line) necessary, which is why they contacted his firm. He noted that they did the variancerequest in the form of a letter and did not do an application because this is a subdivision variance andnot a zoning variance and the City does not have an application form for subdivision variances. Henoted in working through the requirements of the subdivision ordinances they looked at the cost ofthe improvements and to extend the city utilities, etc., they could be looking at $200,000 to$400,000 in improvements for the $350,000400,000 home they plan to construct. He pointed outthat the subdivision code is geared for development of subdivisions with several lots, and not forsituations such as this one (1) singlefamily residence on 2.5 acres. This is a request for subdivisionvariances and also a variance in relation to Article 13 Utility Services in regard to sanitary sewerservice. He quoted the Local Government Code Chapter 212.904 which has to do withproportionality to the development and that you can not ask a developer to do more than what isreasonable in proportion to what they are adding to the system. He noted that these laws have beenchallenged and referenced a case, "Flower Mound vs Stafford". He summarized and noted theextensive requirements and cost of improvements, dedication and utilities for this one (1) singlefamily residence. He also noted that for the sidewalk requirement the rightofway is typicallyincluded in the street rightofway and additional rightofway should not be required for dedication. He advised that the LeVelle's have agreed to a fifteen foot (15') public utility drainage easementwhich could also be called a sidewalk easement and summarized the reasoning for the sidewalk notto be constructed at this time in regards to the proportionality of use and the fact that Cowling Roadfuture improvements more than likely will require reconstruction of the sidewalk. He summarized thedrainage, the request for the drainage easement and their request for reduction of onsite and offsiteconstruction of the water main and provided details of construction. He noted the electric linerequirement for underground utilities and that there are existing above ground lines in front of theproperty and was not sure if CoServ would agree to have such a small proportion of this one pieceof property placed underground and have a differential in service needs. All that is needed is aservice drop as the electricity is already there. He noted that the proportionality also has to do withthe rightofway and not just the physical improvements and summarized amount of roaddedication. The are dedicating 40 feet for their portion of the road, which is an additional l5 feet. He summarized the sanitary sewer requirement and noted that if the lot is 200 feet from the facilitiesthey must connect to the sewer system. In this situation the lot is within 40 feet from the sewer line;however, the house is more than 320 feet from the connection. He summarized the additional coststo and get a sewer tap. He also noted a letter of Intent from the property owner J.B. Haisler, whichwas provided at the meeting tonight for a possible future Sanitary Sewer Easement for the City ofSanger across their property located between Cowling Road and Rector Road in southern Sanger. It was noted there will be a future meeting regarding this easement as the master planning effort is inprogress and the final route has not been determined. Councilmember Chick asked if there are plans for a fire hydrant. Mr. Allison noted that they havestarted on the plans and they need to clarify that they have a fire hydrant in close proximity. Councilmember Chick asked if they were going to share the use of the driveway and it was notedthat it would be a new separate driveway. He asked if the other house (their parents house) was onseptic and Mr. Allison stated it is on septic. Councilmember Dillon noted he did not have a problem with the variances on this proerpty but whatif a development comes in south of the property would these variances impact the development. Ms. Hammonds noted that any development in the future would have to go by the subdivision codein place. Councilmember Barrett noted that she understands that the variances for this property willnot affect future development regulations and would depend on the use and proportionality to anyproposed future subdivision which would have to meet the development regulations as such. Ms.Hammonds reiterated that these variances have no impact on future development. There was briefdiscussion regarding the subdivision regulations and it was noted that any development whether it beone lot or several lots that if falls under the subdivision regulations. Councilmember Clark noted he agreed to all of the variances but did not understand the sewer tap. Ms. Hammonds noted that if within 200 feet of the facility that they are required to connect to thesewer system. Mr. Allison summarized the sanitary sewer requirement and noted that this not avariance to the subdivision ordinance but would be a variance to the Utility Service Requirement. That section does allow if the utility connection is more than 200 feet from the utility service line thatit could be served by septic. This is an exception where the lot is within 40 feet from the sewer line;however, the house is going to be more than 320 feet from the connection and he again summarizedthe additional costs to run the service line and to get the sewer tap. Mr. Allison noted that variancerequest is a plea for practicality.Councilmember Chick solicited any additional comments or questions.
A motion was made by Councilmember Clark to approve the Final Plat of Lot 1, Block A, of the
Levelle Addition, being 2.97 Acres of the McKinney and Williams Survey Abstract 940, and
generally located on the Eastside of Cowling Road and approximately 261 feet south of Deer Run
Road. Discussion was called, Director of Development Services Ramie Hammonds asked for
clarification, if the motion was to include the variances in the staff memo with the addition of the
revision to No. 3. Councilmember Clark revised the motion to approve the Final Plat of Lot 1,
Block A, of the LeVelle Addition, being 2.97 Acres of the McKinney and Williams Survey Abstract
940, and generally located on the Eastside of Cowling Road and approximately 261 feet south of
Deer Run Road including with the six (6) variances to the regulations noted below and the change to
Variance No. 3 requirement from what was proposed on staff memo (water main shall be installed in
or extended along all frontage streets of the proposed subdivision) to: Water main shall be installed
twenty feet (20') onto the lot. Variances in motion noted below with above noted revision to No. 3:
1. Section 10.106 (c) – Sidewalks are to be constructed along entire frontage.
2. Section 10.106 (d) – General. Drainage facilities shall be provided and constructed by the
developer in accordance with all city standards and the following basic requirements.
3. Section 10.106 (e) (2) (B)(iii) – Water main shall be installed 20 feet (20') onto the lot.
4. Section 10.106 (g)(7) – overhead electric lines to be placed underground across frontage.
5. Section 10.106 (b)(2)(C)(i) – On roadways, adjacent to the proposed subdivision, that are
designated to be major or secondary thoroughfares (except class A Loop Highway), the subdivider
shall be required to construct, at his own cost and expense, onehalf (1/2) of the street section, up to
a width of twentyfour feet (24’), measured to face of curbs, with integral curbs on each side.
6. Section 13.2500(2)(A)(i) – A septic tank may be installed to serve an individual residence,
commercial, or industrial facility if: The premises upon which the structure is located is more than two
hundred feet (200’) from any city sanitary main.
The motion to approve with variances and revision was seconded by Councilmember Dillon. The
motion carried unanimously (40 vote; Mayor Pro Tem Bilyeu absent).
Mayor Muir was notified that Item No. 8 concluded. He returned to the Chamber and resumed his
place as Mayor.
9.INFORMATION ITEMS:
a.Monthly Financial Report August 31, 2020
b.Capital Projects Recap September29, 2020
City Engineer Tracy LaPiene provided a TxDot update for the Council regarding the construction
improvements of FM 455 and IH325.
10.FUTURE AGENDA ITEMS:
There was no discussion regarding future agenda items.
11.ADJOURN.
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MINUTESCITY COUNCIL REGULAR MEETINGMONDAY, OCTOBER 5, 20207:00 PMHISTORIC CHURCH BUILDING 403 N 7TH STREET,SANGER, TEXASCOUNCIL MEMBERS PRESENT:Mayor Thomas Muir, Councilmember David Clark, Councilmember Marissa Barrett, Councilmember Allen Chick, Councilmember Dennis DillonCOUNCIL MEMBERS ABSENT:Mayor Pro Tem Gary BilyeuSTAFF MEMBERS PRESENT:Interim City Manager Jeriana Staton; City Attorney Hugh Coleman; City Engineer Tracy LaPiene;Interim Public Works Director Jim Bolz; Director of Development Services Ramie Hammonds;Parttime City Secretary Cheryl Price. 1.Call Meeting to Order, Establish a Quorum (Roll Call), Invocation.There being a quorum present, Mayor Muir called the meeting to order on Monday October 5,2020 at 7:00 p.m.. The Invocation was given by Councilmember Dillon and the Pledge ofAllegiance was led by Councilmember Clark. 2.CITIZEN INPUT:There were no citizens who came forward wishing to speak.3.CONSENT AGENDA:a.Approval of Minutes1.City Council Regular Meeting Minutes 09082020Approve Meeting Minutes from the September 8, 2020 Regular City Council Meeting. A motion was made by Councilmember Chick to approve the Consent Agenda as presented. Themotion was seconded by Councilmember Barrett. The motion to approve passed unanimously (40vote; Mayor Pro Tem Bilyeu absent). 4.Consider Any Items Removed from Consent Agenda.There were no items removed from the agenda. REGULAR AGENDA5.PSA Plummer Water RRA & ERPConsider, Discuss And Possibly Act To Approve A Professional Services Agreement With PlummerAssociates, Inc. For Water System Risk and Resilience Assessment and Emergency Response PlanAssistance In The Amount Of $20,000.00, And Authorize Mayor To Execute Agreement.Mayor Muir read the Agenda Item and recognized City Engineer Tracy LaPiene to provide a staffsummary. He summarized staff memo noting that in October 2018, Congress passed America'sWater Infrastructure Act (AWIA, or the Act). This is a federally mandated requirement and this Actrequires community water systems (CWS) serving more that 3,300 people to conduct a Risk andResilience Assessment (RRA), update Emergency Response Plan (ERP) for the water utility, and tosend the United States Environmental Protection Agency (EPA) certification of their completion. The RRA and the ERP will be required to be updated every five (5) years. The due date for theRRA is is June 2021 and the ERP is required within six months after June 2021. Mr. LaPieneadvised that due to the shortage in time and staff that he is requesting that this item be sent out to beperformed by Plummer Associates who are on the City's approved Engineering list. There was discussion between regarding the amount of staff man hours it would take to complete theprojects in house and City Engineer noted that it was not feasible with amount of projects, staff andtime shortages at this time. Mayor Muir summarized the proposed cost breakdown by Plummer and Associates, noting that theRRA proposed cost is $13,000 and the ERP is $7000 for a total of $20,000. Mayor Muir alsonoted that due to the workloads in the Engineering Department that City Engineer Tracy LaPiene hasbeen directed to outsource some projects when necessary. This is a budgeted expense and will bepaid for from Public Works Professional Services Budget Enterprise Fund. Councilmember Clark asked City Engineer Tracy LaPiene if any other firms were considered for theproject. Mr. LaPiene stated that that he chose Plummer Associates from the City's approvedqualified engineer list because they recently completed an RRA and ERP for the City of FlowerMound. Discussion ensued regarding putting the project out for a Request for Qualification to see if there areother qualified Engineers who should be considered for this project. It was noted that the projectcould not be put out for bid/pricing; however could only be selected on qualification basedselection. Mr. LaPiene stated that we do have time to look at the list and get some qualification proposals from other firms if that is what Council desires. City Attorney Hugh Coleman advised that for Professional Services the City can not negotiate onprice, but only qualifications. He suggested that the City could take a Request for Qualification andset up a committee and rank the engineers and select the most qualified. City Engineer Tracy LaPiene noted that once the Engineer is selected, then the price would benegotiated by the engineering firm selected, if the amount is outside of the budget, the next mostqualified firm could be selected. Discussion ensued and regarding firms that the City has worked with in the past and the interest inlooking to see if there were additional qualified engineering firms.It was consensus of the City Council after brief discussion ensued between the Mayor,Councilmembers, City Engineer Tracy LaPiene and Interim Public Works Director Jim Bolz. thatCouncil would like to for staff to pursue obtaining request for qualifications from additionalengineering firms. No motions were proposed. There was question as to table the item or to takeno action in order to give staff time to request for qualifications of additional engineering firms. Atthe recommendation of City Attorney Hugh Coleman, no action was taken on this item.6.PSA Plummer WWTP ScreenConsider, Discuss And Possibly Act To Approve A Professional Services Agreement With PlummerAssociates, Inc. For Design, Bidding And Construction Administration Services For TheWastewater Treatment Plant Influent Screen Replacement In The Amount Of $35,000.00, AndAuthorize City Manager To Execute Agreement.Mayor Muir read the Agenda Item and recognized City Engineer Tracy LaPiene to provide a staffsummary. He advised that on this item, he believed Plummer Associates is the best choice becauseof the work they are currently doing on the wastewater treatment plant and with the integration intodifferent flow controls, electronics and sensors it makes sense to use Plummer on this contract. Henoted that the intake screen at the wastewater treatment plant had been damaged repeatedly bylarge debris that has travelled through the sewer system to the plant resulting in needed repairs. Repair of the damaged system may cost more than 50% of a new screen system in materials andwould not prevent future damages. When the wastewater treatment plant was renovated the screenwas repaired and since then has been damaged by asphalt. The existing system is not designed tohandle the size of debris currently encountered in the wastewater system and in evaluating the coststo the repair of the existing system as well as the future costs of repair, Photos were provided in theCouncil packets of the damaged existing screen and they type of debris passing through the system.The Public Works Department and Plummer Associates believes it is most cost effective in the longterm to replace the existing screen system with a heavier duty screen that is designed to withstandthis type of debris. This is an expensive item and will be sent out to bid after Plummer andAssociates comes up with the design.There was discussion as to the type of debris that was damaging the system and how it got into thesystem, and it was noted it was concrete, rocks, asphalt; and may have entered the system with therecent pipe bursting and road projects. Discussion ensued as to how to prevent this from happeningin the future. It was noted by Mayor Muir that the new version will be a more industrial type screenand noted the need for it to be engineered as such. Mr. LaPiene noted the patent expires this yearfor the system so there may be an opportunity for other firms to bid the construction of the systemfor a better price. He noted that this item is budgeted in the current budget. The approval tonight isjust for the engineering. Councilmember Chick noted his concern that this is a large amount of moneyjust to engineer the product. Both, City Engineer Tracy LaPiene and Interim Public Works DirectorJim Bolz provided additional information and explanation as to why the part requires specificengineering and expertise in design. Discussion ensued between City Engineer Tracy LaPiene; Interim Public Works Director Jim Bolzand City Councilmembers regarding the engineering services associated with the improvementsnecessary to address the replacement of the City's mechanical fine screen at the wastewatertreatment plant. It was noted that the part was not a part that could be purchased on the market andwould have to be engineered and constructed to fit specific specifications in regard to size andregulatory requirements. Councilmember Clark noted the need for the repair and that it is anexpensive piece of equipment and he did not have a problem with Plummer Associates designing itbecause it needs to be on the plate, but we need to and have the debris stopped before it gets to thescreen; that staff needs to be proactive and work on the front side to prevent this from happening.A motion was made by Councilmember Chick to approve a professional Services Agreement withPlummer Associates, Inc. for Design, Bidding and Construction Administration Services for theWastewater Treatment Plan Influent Screen Replacement in the amount of $35,000.00 andAuthorized the City Manager to Execute Agreement. The motion was seconded byCouncilmember Clark. The motion to approve carried unanimously (40 vote; Mayor Pro TemBilyeu absent).7.Kirkland Street Addition, Phase IIIConsider, Discuss and Act on the Minor Plat of Lots 1 and 2 Block C, of Kirkland Street Addition,Phase III Being 0.440 Acres of the R Bebee Survey A29, and Generally Located on the SouthEast side of the Intersection of Kirkland Street and Sims Street. Mayor Muir read the agenda item and recognized Ramie Hammonds to provide a staff summary. She advised that the applicant is proposing to create two residential lots by combining two (2) unplatted tracts. The subject property is located within the SF10 Zoning District. The developerplans to build residential homes on the tracts. The property is within an area that is beginning to seedevelopment and growth. The property will be served by all city utilities. The proposed plat is aminor plat with no public improvements and less than four (4) lots, therefore no preliminary plat isrequired for this property. They have addressed all of staff comments and staff reccomendsapproval. The Planning and Zoning Commission recommended approval with the condition that allCity of Sanger staff comments are satisfied prior to Council approval.City Engineer Tracy LaPiene was recognized and noted that based on the location of this property,that he asked for a drainage easement on the south side of the two properties for drainageimprovements at some time in the future. The applicant was present and noted that they have agreedto this easement and are happy to do it.Councilmember Chick asked if there were any variances with this plat. Ms. Hammonds noted thereare no variances on this plat. There was brief discussion regarding the drainage on the property andit was noted that culverts were recently cleaned of large debris which should improve the drainageissues in the area.A motion was made by Councilmember Chick to approve the minor plat of Lots 1 and 2, Block C,of Kirkland Street Addition, Phase III being 0.440 acres of the R. Bebee Survey A29, andgenerally located on the southeast side of the intersection of Kirkland Street and Sims Street. Themotion was seconded by Councilmember Clark. The motion to approve carried unanimously (40vote; Mayor Pro Tem Bilyeu absent). 8.Levelle Addition Final PlatConsider, Discuss and Act on the Final Plat of Lot 1 Block A, of the Levelle Addition, Being 2.97Acres of the McKinney and Williams Survey Abstract 940, and Generally Located on the East Sideof Cowling Rd and Approximately 261 feet South of Deer Run Rd. Mayor Muir advised that he is recusing himself from Agenda Item No. 8 due to Conflict of Interest(relation to applicant) and turned the meeting over to Councilmember Chick. Mayor Muir left theroom. Councilmember Chick read the Agenda Item and recognized Director of Development ServicesRamie Hammonds for staff summary. She advised that this is a family owned piece of property andit is being divided for one of their children to live on. The applicant is proposing to create one (1)residential lot of 2.97 acres from parts of two (2) unplatted tracts. The subject property is locatedwithin the Agricultural Zoning District and single family residence is allowed. The lot will access fromCowling Road. The property will be served by City of Sanger Water, CoServ Electric, and is in theSanger Wastewater CCN. The Planning and Zoning Commission recommended approval with thecondition all City of Sanger comments were satisfied. Hammonds summarized the variances from theregulations in the Subdivision and Utility Ordinance requested by the applicant as follows:1. Section 10.106 (c) – Sidewalks are to be constructed along entire frontage.Ms. Hammondsnoted that staff is ok with this variance as long as there is sufficient easement provided so a sidewalkcan be built at a future date. The property is located near a future park property (Porter Park) and,at some point th City may want a sidewalk along that street.2. Section 10.106 (d) – General. Drainage facilities shall be provided and constructed by thedeveloper in accordance with all city standards and the following basic requirements.Theapplicant would like to leave this drainage as a ditch and not construct underground drainage.3. Section 10.106 (e) (2) (B)(iii) – Water mains shall be installed 20 feet (20') onto the lot.in or extended along all frontage streets of the proposed subdivision. The City requires thewater main to be extended along the front of the property. The applicant requested that they not berequired to extend the water main along the front of the property, that they will bring the water mainto the property. She noted that staff would be ok with that as long as they bring the water to theproperty.4. Section 10.106 (g)(7) – overhead electric lines to be placed underground across frontage.The applicant requested that they do not want underground lines, but would like to leave them asoverhead lines. 5. Section 10.106 (b)(2)(C)(i) – On roadways, adjacent to the proposed subdivision, that aredesignated to be major or secondary thoroughfares (except class A Loop Highway), thesubdivider shall be required to construct, at his own cost and expense, onehalf (1/2) of thestreet section, up to a width of twentyfour feet (24’), measured to face of curbs, with integralcurbs on each side. The applicant requests waiving this requirement due to proportionality and itbeing a single lot. Staff is ok with this, as it would be a huge expense for one residential lotproportionality wise. 6. Section 13.2500(2)(A)(i) – A septic tank may be installed to serve an individual residence,commercial, or industrial facility if: The premises upon which the structure is located is morethan two hundred feet (200’) from any city sanitary main. The applicant would like to waive therequirement that they have to tie into the City sewer system and be allowed to install a septicsystem. Ms. Hammonds noted a letter that was presented to Council tonight from the original owners of theproperty who are deeding the property to their daughter. The letter is a letter of intent for a futureeasement that the City would like acquire and will be discussed with them at a future date. Shenoted that the applicants are also present to answer any questions and that she would also be happyto answer any questions. Some questions were posed by Councilmember Clark regarding the the variances for sidewalks,water and sewer. Mr. Lee Allison with Allison Engineering Group was recognized to present the request for theapplicants . He introduced Jeanie LeVelle and called on her to introduce her family members anddescribe what they are trying to accomplish with this request. Jeanie LeVelle was recognized and introduced her husband, Jim LeVelle. She noted they have beenliving in Louisiana for 29 years and have recently moved to Texas to be with their family. Theyretired from the State of Louisiana and moved back to Texas where a majority of their family lives. She introduced her parents J.B. and Shirley Haisler, who grew up here and bought a farm about 70years ago just outside of Sanger. She noted that they have been raising cattle and various cropsthrough the years and their farm was placed in the City Limits about 15 years ago. She introducedtheir daughter, Hannah who is 39 years old, has Cerebral Palsy and lives with them. They recentlyworked with an architect to design a completely accessible home so that as they age, they cancontinue to care for their daughter. They would like to build the home next to their parents home sothey can be nearby and help their parents as well. She noted that she would like to be able to buildthis home so they can help their daughter and their parents. She stated that if the Council approvesthis request to allow them to build an accessible home for their daughter, next door to their parents,that the Council would be granting her family a better quality of life. She thanked the Council fortheir consideration. Mr. Lee Allison with Allison Engineering Group was recognized and gave a detailed summarypresentation regarding the variances requested. He stated that he would provide certain criteria foreach variance requested so the Council could make a decision based on the criteria provided. Heprovided history noting that the LaVelle's made an application on July 7th for this plat and learnedthat there were going to be some variances and other items (such as the design of the extension ofthe water line) necessary, which is why they contacted his firm. He noted that they did the variancerequest in the form of a letter and did not do an application because this is a subdivision variance andnot a zoning variance and the City does not have an application form for subdivision variances. Henoted in working through the requirements of the subdivision ordinances they looked at the cost ofthe improvements and to extend the city utilities, etc., they could be looking at $200,000 to$400,000 in improvements for the $350,000400,000 home they plan to construct. He pointed outthat the subdivision code is geared for development of subdivisions with several lots, and not forsituations such as this one (1) singlefamily residence on 2.5 acres. This is a request for subdivisionvariances and also a variance in relation to Article 13 Utility Services in regard to sanitary sewerservice. He quoted the Local Government Code Chapter 212.904 which has to do withproportionality to the development and that you can not ask a developer to do more than what isreasonable in proportion to what they are adding to the system. He noted that these laws have beenchallenged and referenced a case, "Flower Mound vs Stafford". He summarized and noted theextensive requirements and cost of improvements, dedication and utilities for this one (1) singlefamily residence. He also noted that for the sidewalk requirement the rightofway is typicallyincluded in the street rightofway and additional rightofway should not be required for dedication. He advised that the LeVelle's have agreed to a fifteen foot (15') public utility drainage easementwhich could also be called a sidewalk easement and summarized the reasoning for the sidewalk notto be constructed at this time in regards to the proportionality of use and the fact that Cowling Roadfuture improvements more than likely will require reconstruction of the sidewalk. He summarized thedrainage, the request for the drainage easement and their request for reduction of onsite and offsiteconstruction of the water main and provided details of construction. He noted the electric linerequirement for underground utilities and that there are existing above ground lines in front of theproperty and was not sure if CoServ would agree to have such a small proportion of this one pieceof property placed underground and have a differential in service needs. All that is needed is aservice drop as the electricity is already there. He noted that the proportionality also has to do withthe rightofway and not just the physical improvements and summarized amount of roaddedication. The are dedicating 40 feet for their portion of the road, which is an additional l5 feet. He summarized the sanitary sewer requirement and noted that if the lot is 200 feet from the facilitiesthey must connect to the sewer system. In this situation the lot is within 40 feet from the sewer line;however, the house is more than 320 feet from the connection. He summarized the additional coststo and get a sewer tap. He also noted a letter of Intent from the property owner J.B. Haisler, whichwas provided at the meeting tonight for a possible future Sanitary Sewer Easement for the City ofSanger across their property located between Cowling Road and Rector Road in southern Sanger. It was noted there will be a future meeting regarding this easement as the master planning effort is inprogress and the final route has not been determined. Councilmember Chick asked if there are plans for a fire hydrant. Mr. Allison noted that they havestarted on the plans and they need to clarify that they have a fire hydrant in close proximity. Councilmember Chick asked if they were going to share the use of the driveway and it was notedthat it would be a new separate driveway. He asked if the other house (their parents house) was onseptic and Mr. Allison stated it is on septic. Councilmember Dillon noted he did not have a problem with the variances on this proerpty but whatif a development comes in south of the property would these variances impact the development. Ms. Hammonds noted that any development in the future would have to go by the subdivision codein place. Councilmember Barrett noted that she understands that the variances for this property willnot affect future development regulations and would depend on the use and proportionality to anyproposed future subdivision which would have to meet the development regulations as such. Ms.Hammonds reiterated that these variances have no impact on future development. There was briefdiscussion regarding the subdivision regulations and it was noted that any development whether it beone lot or several lots that if falls under the subdivision regulations. Councilmember Clark noted he agreed to all of the variances but did not understand the sewer tap. Ms. Hammonds noted that if within 200 feet of the facility that they are required to connect to thesewer system. Mr. Allison summarized the sanitary sewer requirement and noted that this not avariance to the subdivision ordinance but would be a variance to the Utility Service Requirement. That section does allow if the utility connection is more than 200 feet from the utility service line thatit could be served by septic. This is an exception where the lot is within 40 feet from the sewer line;however, the house is going to be more than 320 feet from the connection and he again summarizedthe additional costs to run the service line and to get the sewer tap. Mr. Allison noted that variancerequest is a plea for practicality.Councilmember Chick solicited any additional comments or questions. A motion was made by Councilmember Clark to approve the Final Plat of Lot 1, Block A, of theLevelle Addition, being 2.97 Acres of the McKinney and Williams Survey Abstract 940, andgenerally located on the Eastside of Cowling Road and approximately 261 feet south of Deer RunRoad. Discussion was called, Director of Development Services Ramie Hammonds asked forclarification, if the motion was to include the variances in the staff memo with the addition of therevision to No. 3. Councilmember Clark revised the motion to approve the Final Plat of Lot 1,Block A, of the LeVelle Addition, being 2.97 Acres of the McKinney and Williams Survey Abstract940, and generally located on the Eastside of Cowling Road and approximately 261 feet south ofDeer Run Road including with the six (6) variances to the regulations noted below and the change toVariance No. 3 requirement from what was proposed on staff memo (water main shall be installed inor extended along all frontage streets of the proposed subdivision) to: Water main shall be installedtwenty feet (20') onto the lot. Variances in motion noted below with above noted revision to No. 3:1. Section 10.106 (c) – Sidewalks are to be constructed along entire frontage.2. Section 10.106 (d) – General. Drainage facilities shall be provided and constructed by thedeveloper in accordance with all city standards and the following basic requirements.3. Section 10.106 (e) (2) (B)(iii) – Water main shall be installed 20 feet (20') onto the lot.4. Section 10.106 (g)(7) – overhead electric lines to be placed underground across frontage.5. Section 10.106 (b)(2)(C)(i) – On roadways, adjacent to the proposed subdivision, that aredesignated to be major or secondary thoroughfares (except class A Loop Highway), the subdividershall be required to construct, at his own cost and expense, onehalf (1/2) of the street section, up toa width of twentyfour feet (24’), measured to face of curbs, with integral curbs on each side.6. Section 13.2500(2)(A)(i) – A septic tank may be installed to serve an individual residence,commercial, or industrial facility if: The premises upon which the structure is located is more than twohundred feet (200’) from any city sanitary main.The motion to approve with variances and revision was seconded by Councilmember Dillon. Themotion carried unanimously (40 vote; Mayor Pro Tem Bilyeu absent).Mayor Muir was notified that Item No. 8 concluded. He returned to the Chamber and resumed hisplace as Mayor. 9.INFORMATION ITEMS:a.Monthly Financial Report August 31, 2020b.Capital Projects Recap September29, 2020City Engineer Tracy LaPiene provided a TxDot update for the Council regarding the constructionimprovements of FM 455 and IH325. 10.FUTURE AGENDA ITEMS:There was no discussion regarding future agenda items.
11.ADJOURN.
There being no further agenda items for discussion, Mayor Muir adjourned the meeting at 8:29 p.m.
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