02/18/2020-CC-Minutes-RegularCITY OF SANGER, TEXAS
MINUTES: REGULAR CITY COUNCIL MEETING
Tuesday, February 18, 2020 7:00 PM
502 Elm Street, Sanger, Texas
COUNCIL MEMBERS PRESENT:
Mayor Thomas Muir; Mayor Pro Tem Gary Bilyeu; Councilmember Marissa Barrett;
Councilmember Dennis Dillon; Councilmember David Clark.
COUNCIL MEMBERS ABSENT:
Councilmember Chick.
STAFF MEMBERS PRESENT:
City Manager Alina Ciocan; City Secretary Cheryl Price; City Engineer Tracy LaPiene; Public
Works Director Jim Berman; Director of Finance Clayton Gray; Police Officer Josh Bishop.
1.Call Meeting to Order, Invocation, Pledge of Allegiance.
There being a full quorum present at the February 18, 2020 Regular City Council Meeting, the
meeting was called to order by Mayor Muir at 7:01p.m. The Invocation was given by Mayor Muir,
followed by the Pledge of Allegiance, led by Councilmember Barrett.
2.CITIZEN INPUT:
There were no citizens who came forward wishing to speak.
AGENDA ORDER CHANGED Mayor Muir noted that there were some citizens in the
audience who were waiting for their item on the Agenda. As a courtesy, the items where citizens
were present were addressed before the City Council went into Executive Session Agenda Items
5, 6, and 10 were considered and are ordered in the minutes in the original agenda order for
sequence.
3.EXECUTIVE SESSION
Pursuant to the Open Meetings Act, Chapter 551, the City Council Will Meet in a Closed
Executive Session in Accordance with the Texas Local Government Code:
a.Section 551.071 Consultation with Attorneys.
Section 551.071 (Texas Local Government Code) Consultation with Attorneys.
Mayor Muir read Item No. 3 Executive Session Agenda Item and the City Council convened into
Executive Session at 7:15 p.m.
4.RECONVENE: OPEN MEETING:
Any Action Taken.
City Council reconvened back into public forum from Executive Session at 8:18 p.m. There was no
Page 1
CITY OF SANGER, TEXASMINUTES: REGULAR CITY COUNCIL MEETINGTuesday, February 18, 2020 7:00 PM502 Elm Street, Sanger, TexasCOUNCIL MEMBERS PRESENT:Mayor Thomas Muir; Mayor Pro Tem Gary Bilyeu; Councilmember Marissa Barrett;Councilmember Dennis Dillon; Councilmember David Clark. COUNCIL MEMBERS ABSENT:Councilmember Chick.STAFF MEMBERS PRESENT:City Manager Alina Ciocan; City Secretary Cheryl Price; City Engineer Tracy LaPiene; PublicWorks Director Jim Berman; Director of Finance Clayton Gray; Police Officer Josh Bishop. 1.Call Meeting to Order, Invocation, Pledge of Allegiance.There being a full quorum present at the February 18, 2020 Regular City Council Meeting, themeeting was called to order by Mayor Muir at 7:01p.m. The Invocation was given by Mayor Muir,followed by the Pledge of Allegiance, led by Councilmember Barrett.2.CITIZEN INPUT:There were no citizens who came forward wishing to speak.AGENDA ORDER CHANGED Mayor Muir noted that there were some citizens in theaudience who were waiting for their item on the Agenda. As a courtesy, the items where citizenswere present were addressed before the City Council went into Executive Session Agenda Items5, 6, and 10 were considered and are ordered in the minutes in the original agenda order forsequence.3.EXECUTIVE SESSIONPursuant to the Open Meetings Act, Chapter 551, the City Council Will Meet in a ClosedExecutive Session in Accordance with the Texas Local Government Code: a.Section 551.071 Consultation with Attorneys.Section 551.071 (Texas Local Government Code) Consultation with Attorneys.Mayor Muir read Item No. 3 Executive Session Agenda Item and the City Council convened intoExecutive Session at 7:15 p.m. 4.RECONVENE: OPEN MEETING:Any Action Taken.
City Council reconvened back into public forum from Executive Session at 8:18 p.m. There was no
action taken during Executive Session.
REGULAR AGENDA
5.Ordinance #020820 Budget Amendment FY 20192020
Consider, Discuss and Act on Ordinance #020820 – Amending Ordinance #092519, Which
Will Amend the Budget for the 20192020 Fiscal Year and Authorizing Amended Expenditures as
Provided; Providing for the Repeal of all Ordinances in Conflict; Providing for a Severability Clause;
and Providing for an Effective Date.
Director of Finance, Clayton Gray was recognized to provide a summary. He noted that this Budget
Amendment is for several items Director of Public Works, Jim Berman has recently presented to
Council. Specifically, the Acker ground storage tank $137,529.00;Cowling Ground Storage Tank
$171,224.00; and, Well #6 $157,535.00. The total is $466,288.00 and this budget amendment will
fund these three projects. This item is for Water Utilities and will be funded out of the Enterprise
Fund. Mayor Muir noted that there has been previous discussion regarding this item and solicited
any discussion or questions. There was no discussion.
A motion was made by Mayor Pro Tem Bilyeu to approve Ordinance #020820 – amending
Ordinance #092519, which amends the Budget for the 20192020 Fiscal Year and authorizes
amended expenditures as provided; providing for the repeal of all Ordinances in conflict; providing
for a severability clause; and providing for an effective date. The motion was seconded by
Councilmember Clark. The motion carried unanimously (40 vote Councilmember Chick
Absent).
6.Water Storage Maintenance Contracts
Consider, Discuss, and Possibly Act on Approving the FullService Water Storage Facilities
Maintenance Contracts for the Following Facilities, Cowling Ground Storage Tank, Acker Ground
Storage Tank, and the Well #6 Pedishere Sphere Elevated Tank and Authorize the Mayor to
Execute Contracts.
Director of Public Works Jim Berman summarized. At the last meeting the City Council gave
approval to negotiate the contract. The contracts are complete and the stated prices which were
originally in the contracts are the same. A budget amendment to cover the contracts was just
approved. Mr. Berman stated that staff is requesting approval of the contracts and to authorize the
Mayor and City Manager to sign the contracts so they can get started on the projects.
A motion was made by Councilmember Clark to approve the FullService Water Storage Facilities
Maintenance Contracts for the Following Facilities, Cowling Ground Storage Tank, Acker Ground
Storage Tank, and the Well #6 Pedishere Sphere Elevated Tank and Authorize the Mayor and City
Manager to Execute Contracts. There was brief discussion regarding the duration of the maintenance
contract and it was noted that any increase in costs were capped at 5 percent. The motion was
seconded by Councilmember Dillon. The motion carried unanimously 40 vote Councilmember
Chick absent).
7.Ordinance 020720 Amending Utility Billing Procedures
Page 2
CITY OF SANGER, TEXASMINUTES: REGULAR CITY COUNCIL MEETINGTuesday, February 18, 2020 7:00 PM502 Elm Street, Sanger, TexasCOUNCIL MEMBERS PRESENT:Mayor Thomas Muir; Mayor Pro Tem Gary Bilyeu; Councilmember Marissa Barrett;Councilmember Dennis Dillon; Councilmember David Clark. COUNCIL MEMBERS ABSENT:Councilmember Chick.STAFF MEMBERS PRESENT:City Manager Alina Ciocan; City Secretary Cheryl Price; City Engineer Tracy LaPiene; PublicWorks Director Jim Berman; Director of Finance Clayton Gray; Police Officer Josh Bishop. 1.Call Meeting to Order, Invocation, Pledge of Allegiance.There being a full quorum present at the February 18, 2020 Regular City Council Meeting, themeeting was called to order by Mayor Muir at 7:01p.m. The Invocation was given by Mayor Muir,followed by the Pledge of Allegiance, led by Councilmember Barrett.2.CITIZEN INPUT:There were no citizens who came forward wishing to speak.AGENDA ORDER CHANGED Mayor Muir noted that there were some citizens in theaudience who were waiting for their item on the Agenda. As a courtesy, the items where citizenswere present were addressed before the City Council went into Executive Session Agenda Items5, 6, and 10 were considered and are ordered in the minutes in the original agenda order forsequence.3.EXECUTIVE SESSIONPursuant to the Open Meetings Act, Chapter 551, the City Council Will Meet in a ClosedExecutive Session in Accordance with the Texas Local Government Code: a.Section 551.071 Consultation with Attorneys.Section 551.071 (Texas Local Government Code) Consultation with Attorneys.Mayor Muir read Item No. 3 Executive Session Agenda Item and the City Council convened intoExecutive Session at 7:15 p.m. 4.RECONVENE: OPEN MEETING:Any Action Taken.City Council reconvened back into public forum from Executive Session at 8:18 p.m. There was noaction taken during Executive Session. REGULAR AGENDA5.Ordinance #020820 Budget Amendment FY 20192020Consider, Discuss and Act on Ordinance #020820 – Amending Ordinance #092519, WhichWill Amend the Budget for the 20192020 Fiscal Year and Authorizing Amended Expenditures asProvided; Providing for the Repeal of all Ordinances in Conflict; Providing for a Severability Clause;and Providing for an Effective Date. Director of Finance, Clayton Gray was recognized to provide a summary. He noted that this BudgetAmendment is for several items Director of Public Works, Jim Berman has recently presented toCouncil. Specifically, the Acker ground storage tank $137,529.00;Cowling Ground Storage Tank$171,224.00; and, Well #6 $157,535.00. The total is $466,288.00 and this budget amendment willfund these three projects. This item is for Water Utilities and will be funded out of the EnterpriseFund. Mayor Muir noted that there has been previous discussion regarding this item and solicitedany discussion or questions. There was no discussion. A motion was made by Mayor Pro Tem Bilyeu to approve Ordinance #020820 – amendingOrdinance #092519, which amends the Budget for the 20192020 Fiscal Year and authorizesamended expenditures as provided; providing for the repeal of all Ordinances in conflict; providingfor a severability clause; and providing for an effective date. The motion was seconded byCouncilmember Clark. The motion carried unanimously (40 vote Councilmember ChickAbsent). 6.Water Storage Maintenance ContractsConsider, Discuss, and Possibly Act on Approving the FullService Water Storage FacilitiesMaintenance Contracts for the Following Facilities, Cowling Ground Storage Tank, Acker GroundStorage Tank, and the Well #6 Pedishere Sphere Elevated Tank and Authorize the Mayor toExecute Contracts. Director of Public Works Jim Berman summarized. At the last meeting the City Council gaveapproval to negotiate the contract. The contracts are complete and the stated prices which wereoriginally in the contracts are the same. A budget amendment to cover the contracts was justapproved. Mr. Berman stated that staff is requesting approval of the contracts and to authorize theMayor and City Manager to sign the contracts so they can get started on the projects.A motion was made by Councilmember Clark to approve the FullService Water Storage FacilitiesMaintenance Contracts for the Following Facilities, Cowling Ground Storage Tank, Acker GroundStorage Tank, and the Well #6 Pedishere Sphere Elevated Tank and Authorize the Mayor and CityManager to Execute Contracts. There was brief discussion regarding the duration of the maintenancecontract and it was noted that any increase in costs were capped at 5 percent. The motion wasseconded by Councilmember Dillon. The motion carried unanimously 40 vote CouncilmemberChick absent).
7.Ordinance 020720 Amending Utility Billing Procedures
Consider, Discuss and Act on Ordinance #020720 Amending the Code of Ordinances, Chapter
13 “Utilities”, Article 13.1600 "Utility Billing Procedures", Section 13.1603 “Service to be
Disconnected When Delinquent”, Section 13.1608, “Adjustment of Excess Water Bill if Leaks Are
Repaired”, Section 13.1609, “Adjustment of HighVolume Water Bill”, and Adopting Section
13.1610, “Adjustment for Billing Errors” ; Providing for the Repeal of all Ordinances in Conflict;
Providing for a Severability Clause; and Providing for an Effective Date.
Director of Finance Clayton Gray provided a summary of the item. There are three items in relation
to Utility Services which this Ordinance amends:
1. Allowing delay of the disconnection of residential utility service during extreme weather
conditions.
2. Adding a requirement for leak and high volume adjustments and for meter tampering.
3. Specifying the process for correcting billing errors.
Mr. Gray provided a powerpoint presentation and explained each change in detail. There was
general discussion with the Council regarding different scenarios on each of the items. There was
also brief discussion regarding the fact that we need to be planning, and at some point we need to
upgrade our metering system.
A motion was made by Mayor Pro Tem Bilyeu to approve Ordinance #020720 amending the
Code of Ordinances, Chapter 13 “Utilities”, Article 13.1600 "Utility Billing Procedures", Section
13.1603 “Service to be Disconnected When Delinquent”, Section 13.1608, “Adjustment of Excess
Water Bill if Leaks Are Repaired”, Section 13.1609, “Adjustment of HighVolume Water Bill”, and
adopting Section 13.1610, “Adjustment for Billing Errors”; providing for the repeal of all Ordinances
in conflict; providing for a severability clause; and providing for an effective date. The motion was
seconded by Councilmember Barrett. The motion carried unanimously (40 vote Councilmember
Chick absent).
8.Report on Utility Billing Cycles
Report on Utility Billing Cycles Provided by Clayton Gray, Director of Finance.
Director of Finance Clayton Gray provided a summary of the item. He noted he has briefed the
Council on this item back in September. In October we updated our Ordinances to update the
billing cycles into two billing cycles. He noted that Zone 1, west of the railroad tracks will stay the
same and be billed at the first of the month. He noted that Zone 2, all of the utility accounts east of
the railroad tracks (approximately 900 accounts) will be billed four days later on the 5th. He
explained that this was the cleanest way to do this with the least amount of inconvenience to the
residents. He summarized the details from meter reading dates to final billing dates.It was noted that
the Penalty date for Zone 1 would be the 16th and for Zone 2 the 21st. Disconnect for Zone 1 is
the 28th and for Zone 2 the 2nd. He noted they are putting signs out at the entrances to subdivisions
affected next Monday. There will be postcards mailed out to Zone 2 with the information and it will
also be included on the City website and social media. He noted that no one is having to pay their
utility bill earlier. Mr. Gray noted that eventually we would have to add more cycles as we grow and
in the future we will have to replace our metering system with smart metering which allows for billing
on any day. There was general discussion regarding details of the changes and how the plan would
transition. It was noted that it would be minimal impact on the customers.
9.Ordinance # 020920 Amending Subdivision Ordinance
Page 3
CITY OF SANGER, TEXASMINUTES: REGULAR CITY COUNCIL MEETINGTuesday, February 18, 2020 7:00 PM502 Elm Street, Sanger, TexasCOUNCIL MEMBERS PRESENT:Mayor Thomas Muir; Mayor Pro Tem Gary Bilyeu; Councilmember Marissa Barrett;Councilmember Dennis Dillon; Councilmember David Clark. COUNCIL MEMBERS ABSENT:Councilmember Chick.STAFF MEMBERS PRESENT:City Manager Alina Ciocan; City Secretary Cheryl Price; City Engineer Tracy LaPiene; PublicWorks Director Jim Berman; Director of Finance Clayton Gray; Police Officer Josh Bishop. 1.Call Meeting to Order, Invocation, Pledge of Allegiance.There being a full quorum present at the February 18, 2020 Regular City Council Meeting, themeeting was called to order by Mayor Muir at 7:01p.m. The Invocation was given by Mayor Muir,followed by the Pledge of Allegiance, led by Councilmember Barrett.2.CITIZEN INPUT:There were no citizens who came forward wishing to speak.AGENDA ORDER CHANGED Mayor Muir noted that there were some citizens in theaudience who were waiting for their item on the Agenda. As a courtesy, the items where citizenswere present were addressed before the City Council went into Executive Session Agenda Items5, 6, and 10 were considered and are ordered in the minutes in the original agenda order forsequence.3.EXECUTIVE SESSIONPursuant to the Open Meetings Act, Chapter 551, the City Council Will Meet in a ClosedExecutive Session in Accordance with the Texas Local Government Code: a.Section 551.071 Consultation with Attorneys.Section 551.071 (Texas Local Government Code) Consultation with Attorneys.Mayor Muir read Item No. 3 Executive Session Agenda Item and the City Council convened intoExecutive Session at 7:15 p.m. 4.RECONVENE: OPEN MEETING:Any Action Taken.City Council reconvened back into public forum from Executive Session at 8:18 p.m. There was noaction taken during Executive Session. REGULAR AGENDA5.Ordinance #020820 Budget Amendment FY 20192020Consider, Discuss and Act on Ordinance #020820 – Amending Ordinance #092519, WhichWill Amend the Budget for the 20192020 Fiscal Year and Authorizing Amended Expenditures asProvided; Providing for the Repeal of all Ordinances in Conflict; Providing for a Severability Clause;and Providing for an Effective Date. Director of Finance, Clayton Gray was recognized to provide a summary. He noted that this BudgetAmendment is for several items Director of Public Works, Jim Berman has recently presented toCouncil. Specifically, the Acker ground storage tank $137,529.00;Cowling Ground Storage Tank$171,224.00; and, Well #6 $157,535.00. The total is $466,288.00 and this budget amendment willfund these three projects. This item is for Water Utilities and will be funded out of the EnterpriseFund. Mayor Muir noted that there has been previous discussion regarding this item and solicitedany discussion or questions. There was no discussion. A motion was made by Mayor Pro Tem Bilyeu to approve Ordinance #020820 – amendingOrdinance #092519, which amends the Budget for the 20192020 Fiscal Year and authorizesamended expenditures as provided; providing for the repeal of all Ordinances in conflict; providingfor a severability clause; and providing for an effective date. The motion was seconded byCouncilmember Clark. The motion carried unanimously (40 vote Councilmember ChickAbsent). 6.Water Storage Maintenance ContractsConsider, Discuss, and Possibly Act on Approving the FullService Water Storage FacilitiesMaintenance Contracts for the Following Facilities, Cowling Ground Storage Tank, Acker GroundStorage Tank, and the Well #6 Pedishere Sphere Elevated Tank and Authorize the Mayor toExecute Contracts. Director of Public Works Jim Berman summarized. At the last meeting the City Council gaveapproval to negotiate the contract. The contracts are complete and the stated prices which wereoriginally in the contracts are the same. A budget amendment to cover the contracts was justapproved. Mr. Berman stated that staff is requesting approval of the contracts and to authorize theMayor and City Manager to sign the contracts so they can get started on the projects.A motion was made by Councilmember Clark to approve the FullService Water Storage FacilitiesMaintenance Contracts for the Following Facilities, Cowling Ground Storage Tank, Acker GroundStorage Tank, and the Well #6 Pedishere Sphere Elevated Tank and Authorize the Mayor and CityManager to Execute Contracts. There was brief discussion regarding the duration of the maintenancecontract and it was noted that any increase in costs were capped at 5 percent. The motion wasseconded by Councilmember Dillon. The motion carried unanimously 40 vote CouncilmemberChick absent).7.Ordinance 020720 Amending Utility Billing ProceduresConsider, Discuss and Act on Ordinance #020720 Amending the Code of Ordinances, Chapter13 “Utilities”, Article 13.1600 "Utility Billing Procedures", Section 13.1603 “Service to beDisconnected When Delinquent”, Section 13.1608, “Adjustment of Excess Water Bill if Leaks AreRepaired”, Section 13.1609, “Adjustment of HighVolume Water Bill”, and Adopting Section13.1610, “Adjustment for Billing Errors” ; Providing for the Repeal of all Ordinances in Conflict;Providing for a Severability Clause; and Providing for an Effective Date.Director of Finance Clayton Gray provided a summary of the item. There are three items in relationto Utility Services which this Ordinance amends: 1. Allowing delay of the disconnection of residential utility service during extreme weatherconditions.2. Adding a requirement for leak and high volume adjustments and for meter tampering.3. Specifying the process for correcting billing errors.Mr. Gray provided a powerpoint presentation and explained each change in detail. There wasgeneral discussion with the Council regarding different scenarios on each of the items. There wasalso brief discussion regarding the fact that we need to be planning, and at some point we need toupgrade our metering system.A motion was made by Mayor Pro Tem Bilyeu to approve Ordinance #020720 amending theCode of Ordinances, Chapter 13 “Utilities”, Article 13.1600 "Utility Billing Procedures", Section13.1603 “Service to be Disconnected When Delinquent”, Section 13.1608, “Adjustment of ExcessWater Bill if Leaks Are Repaired”, Section 13.1609, “Adjustment of HighVolume Water Bill”, andadopting Section 13.1610, “Adjustment for Billing Errors”; providing for the repeal of all Ordinancesin conflict; providing for a severability clause; and providing for an effective date. The motion wasseconded by Councilmember Barrett. The motion carried unanimously (40 vote CouncilmemberChick absent).8.Report on Utility Billing CyclesReport on Utility Billing Cycles Provided by Clayton Gray, Director of Finance.Director of Finance Clayton Gray provided a summary of the item. He noted he has briefed theCouncil on this item back in September. In October we updated our Ordinances to update thebilling cycles into two billing cycles. He noted that Zone 1, west of the railroad tracks will stay thesame and be billed at the first of the month. He noted that Zone 2, all of the utility accounts east ofthe railroad tracks (approximately 900 accounts) will be billed four days later on the 5th. Heexplained that this was the cleanest way to do this with the least amount of inconvenience to theresidents. He summarized the details from meter reading dates to final billing dates.It was noted thatthe Penalty date for Zone 1 would be the 16th and for Zone 2 the 21st. Disconnect for Zone 1 isthe 28th and for Zone 2 the 2nd. He noted they are putting signs out at the entrances to subdivisionsaffected next Monday. There will be postcards mailed out to Zone 2 with the information and it willalso be included on the City website and social media. He noted that no one is having to pay theirutility bill earlier. Mr. Gray noted that eventually we would have to add more cycles as we grow andin the future we will have to replace our metering system with smart metering which allows for billingon any day. There was general discussion regarding details of the changes and how the plan wouldtransition. It was noted that it would be minimal impact on the customers.
9.Ordinance # 020920 Amending Subdivision Ordinance
Consider, Discuss and Possibly Act on Ordinance #020920 Amending the Code of
Ordinances Chapter 10, Article 10.100 "Subdivision Ordinance" To Revise Plat Requirements
Providing For Review and Approval of Construction Plans For Public Improvements; Providing For
Review and Approval of Construction Plans For Public Improvements; Providing for Repeal;
Severability Clause; Penalty; and. An Effective Date.
City Engineer Tracy LaPiene summarized. The purpose of these amendments is to put the
construction plan section apart from the final plat approval process and to change the professional
review responsibility to the City Engineer, and to remove the review from the time limits imposed by
House Bill 3167 (the so called shotclock provisions). Legal has reviewed the Ordinance and these
were the recommendations which were provided to give the City Engineer the approval authority to
make comments. This also bypasses the time line of the shotclock and which would still have the
same review period, but would run independently. He noted over the coming months there will be
more clarification as there are more challenges to the House Bill. Mr. LaPiene noted that he will be
making more revisions in the future, but in the meantime he wanted to get this change to Council as
soon as possible. Mayor Pro Tem Bilyeu noted the ordinance and questioned if there was going to
be any changes under procedure and what the Letter "T. Reserved" meant, Mr. LaPiene noted that
the section was moved from the Section T, leaving that section for a future amendment and a new
Section 10.104.06 Construction of Improvements was included. It was noted that the Ordinance
would take effect after publication on Thursday.
A motion was made by Mayor Pro Tem Bilyeu to approve Ordinance #020920
amending the Code of Ordinances Chapter 10, Article 10.100 "Subdivision Ordinance" to revise
plat requirements providing for review and approval of construction plans for public improvements;
providing for repeal; severability clause; penalty; and. an effective date. The motion was seconded
by Councilmember Clark. The motion carried unanimously (40 vote Councilmember Chick
absent).
10.City of Sanger Superior Public Water System
Acknowledgement of the City of Sanger Having Received a Superior Public Water System Rating in
Accordance with Texas Commission on Environmental Quality Standards, and Authorize City
Manager to Execute Agreement Related to Installation and Maintenance of Related Signage.
Director of Public Works Jim Berman noted that the City of Sanger is rated as having a a Superior
Public Water System from the Texas Commission on Environmental Quality (TCEQ). This rating is
the highest rating given to water systems for meeting the stringent water quality evaluation criteria.
TCEQ has authorized the City to install standard highway markers on the recognized highways
leading into the area serviced by the City of Sanger. The City will to put up the signs and maintain
them at our own cost. If the TCEQ determines the rating of the supply has fallen below the required
standards it is the responsibility of the City to remove the signs. There was a brief discussion
regarding scenarios as to what would require the signs to be removed.
A motion was made by Mayor Pro Tem Bilyeu with acknowledgement of the City of Sanger having
received a Superior Public Water System Rating in accordance with Texas Commission on
Environmental Quality (TCEQ) Standards, and authorize City Manager to execute agreement
related to installation and maintenance of related signage. The motion was seconded by
Councilmember Clark. The motion carried unanimously (40 vote Councilmember Chick absent).
11.TCEQ Proposed Agreed Order: Wastewater
Page 4
CITY OF SANGER, TEXASMINUTES: REGULAR CITY COUNCIL MEETINGTuesday, February 18, 2020 7:00 PM502 Elm Street, Sanger, TexasCOUNCIL MEMBERS PRESENT:Mayor Thomas Muir; Mayor Pro Tem Gary Bilyeu; Councilmember Marissa Barrett;Councilmember Dennis Dillon; Councilmember David Clark. COUNCIL MEMBERS ABSENT:Councilmember Chick.STAFF MEMBERS PRESENT:City Manager Alina Ciocan; City Secretary Cheryl Price; City Engineer Tracy LaPiene; PublicWorks Director Jim Berman; Director of Finance Clayton Gray; Police Officer Josh Bishop. 1.Call Meeting to Order, Invocation, Pledge of Allegiance.There being a full quorum present at the February 18, 2020 Regular City Council Meeting, themeeting was called to order by Mayor Muir at 7:01p.m. The Invocation was given by Mayor Muir,followed by the Pledge of Allegiance, led by Councilmember Barrett.2.CITIZEN INPUT:There were no citizens who came forward wishing to speak.AGENDA ORDER CHANGED Mayor Muir noted that there were some citizens in theaudience who were waiting for their item on the Agenda. As a courtesy, the items where citizenswere present were addressed before the City Council went into Executive Session Agenda Items5, 6, and 10 were considered and are ordered in the minutes in the original agenda order forsequence.3.EXECUTIVE SESSIONPursuant to the Open Meetings Act, Chapter 551, the City Council Will Meet in a ClosedExecutive Session in Accordance with the Texas Local Government Code: a.Section 551.071 Consultation with Attorneys.Section 551.071 (Texas Local Government Code) Consultation with Attorneys.Mayor Muir read Item No. 3 Executive Session Agenda Item and the City Council convened intoExecutive Session at 7:15 p.m. 4.RECONVENE: OPEN MEETING:Any Action Taken.City Council reconvened back into public forum from Executive Session at 8:18 p.m. There was noaction taken during Executive Session. REGULAR AGENDA5.Ordinance #020820 Budget Amendment FY 20192020Consider, Discuss and Act on Ordinance #020820 – Amending Ordinance #092519, WhichWill Amend the Budget for the 20192020 Fiscal Year and Authorizing Amended Expenditures asProvided; Providing for the Repeal of all Ordinances in Conflict; Providing for a Severability Clause;and Providing for an Effective Date. Director of Finance, Clayton Gray was recognized to provide a summary. He noted that this BudgetAmendment is for several items Director of Public Works, Jim Berman has recently presented toCouncil. Specifically, the Acker ground storage tank $137,529.00;Cowling Ground Storage Tank$171,224.00; and, Well #6 $157,535.00. The total is $466,288.00 and this budget amendment willfund these three projects. This item is for Water Utilities and will be funded out of the EnterpriseFund. Mayor Muir noted that there has been previous discussion regarding this item and solicitedany discussion or questions. There was no discussion. A motion was made by Mayor Pro Tem Bilyeu to approve Ordinance #020820 – amendingOrdinance #092519, which amends the Budget for the 20192020 Fiscal Year and authorizesamended expenditures as provided; providing for the repeal of all Ordinances in conflict; providingfor a severability clause; and providing for an effective date. The motion was seconded byCouncilmember Clark. The motion carried unanimously (40 vote Councilmember ChickAbsent). 6.Water Storage Maintenance ContractsConsider, Discuss, and Possibly Act on Approving the FullService Water Storage FacilitiesMaintenance Contracts for the Following Facilities, Cowling Ground Storage Tank, Acker GroundStorage Tank, and the Well #6 Pedishere Sphere Elevated Tank and Authorize the Mayor toExecute Contracts. Director of Public Works Jim Berman summarized. At the last meeting the City Council gaveapproval to negotiate the contract. The contracts are complete and the stated prices which wereoriginally in the contracts are the same. A budget amendment to cover the contracts was justapproved. Mr. Berman stated that staff is requesting approval of the contracts and to authorize theMayor and City Manager to sign the contracts so they can get started on the projects.A motion was made by Councilmember Clark to approve the FullService Water Storage FacilitiesMaintenance Contracts for the Following Facilities, Cowling Ground Storage Tank, Acker GroundStorage Tank, and the Well #6 Pedishere Sphere Elevated Tank and Authorize the Mayor and CityManager to Execute Contracts. There was brief discussion regarding the duration of the maintenancecontract and it was noted that any increase in costs were capped at 5 percent. The motion wasseconded by Councilmember Dillon. The motion carried unanimously 40 vote CouncilmemberChick absent).7.Ordinance 020720 Amending Utility Billing ProceduresConsider, Discuss and Act on Ordinance #020720 Amending the Code of Ordinances, Chapter13 “Utilities”, Article 13.1600 "Utility Billing Procedures", Section 13.1603 “Service to beDisconnected When Delinquent”, Section 13.1608, “Adjustment of Excess Water Bill if Leaks AreRepaired”, Section 13.1609, “Adjustment of HighVolume Water Bill”, and Adopting Section13.1610, “Adjustment for Billing Errors” ; Providing for the Repeal of all Ordinances in Conflict;Providing for a Severability Clause; and Providing for an Effective Date.Director of Finance Clayton Gray provided a summary of the item. There are three items in relationto Utility Services which this Ordinance amends: 1. Allowing delay of the disconnection of residential utility service during extreme weatherconditions.2. Adding a requirement for leak and high volume adjustments and for meter tampering.3. Specifying the process for correcting billing errors.Mr. Gray provided a powerpoint presentation and explained each change in detail. There wasgeneral discussion with the Council regarding different scenarios on each of the items. There wasalso brief discussion regarding the fact that we need to be planning, and at some point we need toupgrade our metering system.A motion was made by Mayor Pro Tem Bilyeu to approve Ordinance #020720 amending theCode of Ordinances, Chapter 13 “Utilities”, Article 13.1600 "Utility Billing Procedures", Section13.1603 “Service to be Disconnected When Delinquent”, Section 13.1608, “Adjustment of ExcessWater Bill if Leaks Are Repaired”, Section 13.1609, “Adjustment of HighVolume Water Bill”, andadopting Section 13.1610, “Adjustment for Billing Errors”; providing for the repeal of all Ordinancesin conflict; providing for a severability clause; and providing for an effective date. The motion wasseconded by Councilmember Barrett. The motion carried unanimously (40 vote CouncilmemberChick absent).8.Report on Utility Billing CyclesReport on Utility Billing Cycles Provided by Clayton Gray, Director of Finance.Director of Finance Clayton Gray provided a summary of the item. He noted he has briefed theCouncil on this item back in September. In October we updated our Ordinances to update thebilling cycles into two billing cycles. He noted that Zone 1, west of the railroad tracks will stay thesame and be billed at the first of the month. He noted that Zone 2, all of the utility accounts east ofthe railroad tracks (approximately 900 accounts) will be billed four days later on the 5th. Heexplained that this was the cleanest way to do this with the least amount of inconvenience to theresidents. He summarized the details from meter reading dates to final billing dates.It was noted thatthe Penalty date for Zone 1 would be the 16th and for Zone 2 the 21st. Disconnect for Zone 1 isthe 28th and for Zone 2 the 2nd. He noted they are putting signs out at the entrances to subdivisionsaffected next Monday. There will be postcards mailed out to Zone 2 with the information and it willalso be included on the City website and social media. He noted that no one is having to pay theirutility bill earlier. Mr. Gray noted that eventually we would have to add more cycles as we grow andin the future we will have to replace our metering system with smart metering which allows for billingon any day. There was general discussion regarding details of the changes and how the plan wouldtransition. It was noted that it would be minimal impact on the customers. 9.Ordinance # 020920 Amending Subdivision OrdinanceConsider, Discuss and Possibly Act on Ordinance #020920 Amending the Code ofOrdinances Chapter 10, Article 10.100 "Subdivision Ordinance" To Revise Plat RequirementsProviding For Review and Approval of Construction Plans For Public Improvements; Providing ForReview and Approval of Construction Plans For Public Improvements; Providing for Repeal;Severability Clause; Penalty; and. An Effective Date.City Engineer Tracy LaPiene summarized. The purpose of these amendments is to put theconstruction plan section apart from the final plat approval process and to change the professionalreview responsibility to the City Engineer, and to remove the review from the time limits imposed byHouse Bill 3167 (the so called shotclock provisions). Legal has reviewed the Ordinance and thesewere the recommendations which were provided to give the City Engineer the approval authority tomake comments. This also bypasses the time line of the shotclock and which would still have thesame review period, but would run independently. He noted over the coming months there will bemore clarification as there are more challenges to the House Bill. Mr. LaPiene noted that he will bemaking more revisions in the future, but in the meantime he wanted to get this change to Council assoon as possible. Mayor Pro Tem Bilyeu noted the ordinance and questioned if there was going tobe any changes under procedure and what the Letter "T. Reserved" meant, Mr. LaPiene noted thatthe section was moved from the Section T, leaving that section for a future amendment and a newSection 10.104.06 Construction of Improvements was included. It was noted that the Ordinancewould take effect after publication on Thursday. A motion was made by Mayor Pro Tem Bilyeu to approve Ordinance #020920amending the Code of Ordinances Chapter 10, Article 10.100 "Subdivision Ordinance" to reviseplat requirements providing for review and approval of construction plans for public improvements;providing for repeal; severability clause; penalty; and. an effective date. The motion was secondedby Councilmember Clark. The motion carried unanimously (40 vote Councilmember Chickabsent).10.City of Sanger Superior Public Water SystemAcknowledgement of the City of Sanger Having Received a Superior Public Water System Rating inAccordance with Texas Commission on Environmental Quality Standards, and Authorize CityManager to Execute Agreement Related to Installation and Maintenance of Related Signage.Director of Public Works Jim Berman noted that the City of Sanger is rated as having a a SuperiorPublic Water System from the Texas Commission on Environmental Quality (TCEQ). This rating isthe highest rating given to water systems for meeting the stringent water quality evaluation criteria. TCEQ has authorized the City to install standard highway markers on the recognized highwaysleading into the area serviced by the City of Sanger. The City will to put up the signs and maintainthem at our own cost. If the TCEQ determines the rating of the supply has fallen below the requiredstandards it is the responsibility of the City to remove the signs. There was a brief discussionregarding scenarios as to what would require the signs to be removed.A motion was made by Mayor Pro Tem Bilyeu with acknowledgement of the City of Sanger havingreceived a Superior Public Water System Rating in accordance with Texas Commission onEnvironmental Quality (TCEQ) Standards, and authorize City Manager to execute agreementrelated to installation and maintenance of related signage. The motion was seconded byCouncilmember Clark. The motion carried unanimously (40 vote Councilmember Chick absent).
11.TCEQ Proposed Agreed Order: Wastewater
Consider, Discuss and Possibly Act on Texas Commission on Environmental Quality (TCEQ)
Proposed Agreed Order: Wastewater.
No action taken.
12.Easement Acquisition: Wastewater Infrastructure
Consider, Discuss and Possibly Act on Easement Acquisition for Wastewater Infrastructure.
No action taken.
13.INFORMATION ITEMS:
a.Disbursements 01/2020
Disbursements January 2020
b.Monthly Financial Report December 31, 2019
c.Capital Projects Recap February 4, 2020
d.All American Dogs January 2020 Report
All American Dogs Report Update through January 2020.
There was no discussion on the Information Items.
14.FUTURE AGENDA ITEMS:
There were no proposed future agenda items.
15.ADJOURN.
There being no further agenda items for discussion, Mayor Muir adjourned the meeting at 9:06 p.m.
Page 5