02/03/2020-CC-Minutes-RegularCITY OF SANGER, TEXAS
MINUTES: REGULAR CITY COUNCIL MEETING
Monday, February 3, 2020 7:00 PM
502 Elm Street, Sanger, Texas
COUNCIL MEMBERS PRESENT:
Mayor Thomas Muir; Mayor Pro Tem Gary Bilyeu; Councilmember Marissa Barrett;
Councilmember Dennis Dillon; Councilmember David Clark; Councilmember Allen Chick.
COUNCIL MEMBERS ABSENT:
None.
STAFF MEMBERS PRESENT:
City Manager Alina Ciocan; City Secretary Cheryl Price; City Engineer Tracy LaPiene; Public
Works Director Jim Berman; Director of Development Services Ramie Hammonds; Planner Muzaib
Riaz; Police Officer Josh Bishop.
1.Call Meeting to Order, Invocation, Pledge of Allegiance.
There being a full quorum present at the February 3, 2020 Regular City Council Meeting, the
meeting was called to order by Mayor Muir at 7:04 p.m. The Invocation was given by
Councilmember Chick, followed by the Pledge of Allegiance, led by Councilmember Barrett.
2.CITIZEN INPUT:
Eduardo Fernandez DeCastro was recognized and voiced his concerns regarding the existing zoning
at 201 N. Stemmons. He stated that no one wants to put retail on the property, that he could only
get a daycare or a used car dealer. He has a good tenant and would like to keep them. It was noted
that his item is on the agenda tonight and would be discussed with Item No. 7 on the regular
agenda.
3.CONSENT AGENDA:
Councilmember Chick asked for Item 3 b. of the Consent Agenda to be moved to Item 4. for
discussion.
a.Approval of Minutes
1.City Council Work Session Meeting Minutes 01212020
Approval of City Council Work Session Meeting Minutes for Tuesday, January 21,
2020.
2.City Council Regular Meeting Minutes 01212020
Approval of Regular City Council Meeting Minutes for Tuesday, January 21, 2020.
A motion was made by Mayor Pro Tem Bilyeu to approve the Minutes Item 3 a. 1., 2., of the
Consent Agenda. "Item b." pulled from the Consent Agenda for discussion. The motion was
Page 1
CITY OF SANGER, TEXASMINUTES: REGULAR CITY COUNCIL MEETINGMonday, February 3, 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; Councilmember Allen Chick. COUNCIL MEMBERS ABSENT:None.STAFF MEMBERS PRESENT:City Manager Alina Ciocan; City Secretary Cheryl Price; City Engineer Tracy LaPiene; PublicWorks Director Jim Berman; Director of Development Services Ramie Hammonds; Planner MuzaibRiaz; Police Officer Josh Bishop. 1.Call Meeting to Order, Invocation, Pledge of Allegiance.There being a full quorum present at the February 3, 2020 Regular City Council Meeting, themeeting was called to order by Mayor Muir at 7:04 p.m. The Invocation was given byCouncilmember Chick, followed by the Pledge of Allegiance, led by Councilmember Barrett.2.CITIZEN INPUT:Eduardo Fernandez DeCastro was recognized and voiced his concerns regarding the existing zoningat 201 N. Stemmons. He stated that no one wants to put retail on the property, that he could onlyget a daycare or a used car dealer. He has a good tenant and would like to keep them. It was notedthat his item is on the agenda tonight and would be discussed with Item No. 7 on the regularagenda. 3.CONSENT AGENDA:Councilmember Chick asked for Item 3 b. of the Consent Agenda to be moved to Item 4. fordiscussion. a.Approval of Minutes1.City Council Work Session Meeting Minutes 01212020Approval of City Council Work Session Meeting Minutes for Tuesday, January 21,2020.2.City Council Regular Meeting Minutes 01212020Approval of Regular City Council Meeting Minutes for Tuesday, January 21, 2020.
A motion was made by Mayor Pro Tem Bilyeu to approve the Minutes Item 3 a. 1., 2., of the
Consent Agenda. "Item b." pulled from the Consent Agenda for discussion. The motion was
seconded by Councilmember Clark. The motion carried unanimously (50 vote) .
b.Interlocal Cooperation Contract Texas Department of Public Safety
Approve Interlocal Cooperation Contract for the Failure to Appear Program with the Texas
Department of Public Safety and Sanger Municipal Court of the City of Sanger, Denton
County, to Accommodate Chapter 706 of the Texas Transportation Code; and, Authorize
Mayor to Execute Contract.
4.Consider Any Items Removed from Consent Agenda.
Moved from Consent for Discussion:
Item 3, b. Interlocal Cooperation Contract Texas Department of Public Safety
Christy Dyer, Municipal Court Clerk was recognized to answer any questions. There was brief
discussion and it was noted that this was the same contract which was approved in September
2019. The Texas Department of Public Safety made an error in the agreement and corrected the
amount the Court must collect from $30.00 to $10.00.
A motion was made by Councilman Clark to approve The Interlocal Cooperation Contract for the
Failure to Appear Program with the Texas Department of Public Safety and Sanger Municipal Court
of the City of Sanger, Denton County, to Accommodate Chapter 706 of the Texas Transportation
Code; and, Authorize Mayor to Execute Contract. The motion was seconded by Councilmember
Barrett. The motion carried unanimously (50 vote).
REGULAR AGENDA
5.Comprehensive Plan
Consider, Discuss, and Possibly Act on Selecting Norris Design to Develop the Comprehensive Plan
for the City of Sanger and Appoint the Mayor as an Agent of the Council to Negotiate a Possible
Contract with Norris Design for Comprehensive Planning Services.
Mayor Muir noted that there was a detailed presentation given during the Work Session. Director
of Development Services, Ramie Hammonds noted that she wanted to add that if the Council
approves the Mayor to negotiate this contract tonight that staff will bring the contract back to City
Council in March. She also provided the City Council with the names of the individuals who were
selected to grade the proposals. There was a question as to the price and Ms. Hammonds noted
that with Engineering the City can only look at proposals based on qualifications and not on price.
A motion was made by Mayor Pro Tem Bilyeu to select Norris Design to develop the
Comprehensive Plan for the City of Sanger and appoint the Mayor as an Agent of the Council to
negotiate a possible contract with Norris Design for Comprehensive Planning Services. The motion
was seconded by Councilmember Dillon. The motion carried unanimously (50 vote).
6.RFQ for Professional Services for FullService Water Storage Maintenance and Asset
Management Plan
Page 2
CITY OF SANGER, TEXASMINUTES: REGULAR CITY COUNCIL MEETINGMonday, February 3, 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; Councilmember Allen Chick. COUNCIL MEMBERS ABSENT:None.STAFF MEMBERS PRESENT:City Manager Alina Ciocan; City Secretary Cheryl Price; City Engineer Tracy LaPiene; PublicWorks Director Jim Berman; Director of Development Services Ramie Hammonds; Planner MuzaibRiaz; Police Officer Josh Bishop. 1.Call Meeting to Order, Invocation, Pledge of Allegiance.There being a full quorum present at the February 3, 2020 Regular City Council Meeting, themeeting was called to order by Mayor Muir at 7:04 p.m. The Invocation was given byCouncilmember Chick, followed by the Pledge of Allegiance, led by Councilmember Barrett.2.CITIZEN INPUT:Eduardo Fernandez DeCastro was recognized and voiced his concerns regarding the existing zoningat 201 N. Stemmons. He stated that no one wants to put retail on the property, that he could onlyget a daycare or a used car dealer. He has a good tenant and would like to keep them. It was notedthat his item is on the agenda tonight and would be discussed with Item No. 7 on the regularagenda. 3.CONSENT AGENDA:Councilmember Chick asked for Item 3 b. of the Consent Agenda to be moved to Item 4. fordiscussion. a.Approval of Minutes1.City Council Work Session Meeting Minutes 01212020Approval of City Council Work Session Meeting Minutes for Tuesday, January 21,2020.2.City Council Regular Meeting Minutes 01212020Approval of Regular City Council Meeting Minutes for Tuesday, January 21, 2020.A motion was made by Mayor Pro Tem Bilyeu to approve the Minutes Item 3 a. 1., 2., of theConsent Agenda. "Item b." pulled from the Consent Agenda for discussion. The motion wasseconded by Councilmember Clark. The motion carried unanimously (50 vote) . b.Interlocal Cooperation Contract Texas Department of Public SafetyApprove Interlocal Cooperation Contract for the Failure to Appear Program with the TexasDepartment of Public Safety and Sanger Municipal Court of the City of Sanger, DentonCounty, to Accommodate Chapter 706 of the Texas Transportation Code; and, AuthorizeMayor to Execute Contract. 4.Consider Any Items Removed from Consent Agenda.Moved from Consent for Discussion:Item 3, b. Interlocal Cooperation Contract Texas Department of Public SafetyChristy Dyer, Municipal Court Clerk was recognized to answer any questions. There was briefdiscussion and it was noted that this was the same contract which was approved in September2019. The Texas Department of Public Safety made an error in the agreement and corrected theamount the Court must collect from $30.00 to $10.00.A motion was made by Councilman Clark to approve The Interlocal Cooperation Contract for theFailure to Appear Program with the Texas Department of Public Safety and Sanger Municipal Courtof the City of Sanger, Denton County, to Accommodate Chapter 706 of the Texas TransportationCode; and, Authorize Mayor to Execute Contract. The motion was seconded by CouncilmemberBarrett. The motion carried unanimously (50 vote). REGULAR AGENDA5.Comprehensive PlanConsider, Discuss, and Possibly Act on Selecting Norris Design to Develop the Comprehensive Planfor the City of Sanger and Appoint the Mayor as an Agent of the Council to Negotiate a PossibleContract with Norris Design for Comprehensive Planning Services. Mayor Muir noted that there was a detailed presentation given during the Work Session. Directorof Development Services, Ramie Hammonds noted that she wanted to add that if the Councilapproves the Mayor to negotiate this contract tonight that staff will bring the contract back to CityCouncil in March. She also provided the City Council with the names of the individuals who wereselected to grade the proposals. There was a question as to the price and Ms. Hammonds notedthat with Engineering the City can only look at proposals based on qualifications and not on price. A motion was made by Mayor Pro Tem Bilyeu to select Norris Design to develop theComprehensive Plan for the City of Sanger and appoint the Mayor as an Agent of the Council tonegotiate a possible contract with Norris Design for Comprehensive Planning Services. The motionwas seconded by Councilmember Dillon. The motion carried unanimously (50 vote).
6.RFQ for Professional Services for FullService Water Storage Maintenance and Asset
Management Plan
Consider, Discuss, and Possibly Act on Selecting Maguire Iron, Inc. to Provide Professional
Services for FullService Water Storage Facilities Maintenance Plan for the City of Sanger and
Appoint the Mayor as an Agent of the Council to Negotiate a Possible Contract.
Director of Public Works Jim Berman summarized. He advised that the City of Sanger advertised a
request for proposals for a full service water storage asset management program. The Request went
out for advertisement on January 9th and 16th to the Denton Record Chronicle. There were four
(4) companies that requested the RFQ and only one company that returned the request on January
23rd. After scoring the reference checks it was determined that Mcquire Iron, Inc. was the most
qualified to provide the services requested. There was brief discussion noting that the idea is to
bring the three facilities up to code and keep them there, also discussed was the reputation of the
company and how long they have been in business (104 years).
A motion was made by Councilmember Dillon to s elect Maguire Iron, Inc. to provide professional
services for fullservice water storage facilities maintenance plan for the City of Sanger and appoint
the Mayor as an agent of the Council act on the contract. The motion was seconded by The motion
was seconded by Mayor Pro Tem Bilyeu. The motion carried unanimously (50 vote).
7.201 N Stemmons Street SUP
Conduct a Public Hearing and Consider, Discuss and Act on Ordinance # 010220 Regarding a
Specific Use Permit (SUP) for a Trailer/RV Sales or Rental use on a Property Zoned as B2
(Business District 2), and Generally Located West of I35 and Approximately 200 Feet South of
the Intersection of West Bolivar Street and I35 Service Road.
Mayor Muir read the item description and opened the public hearing at 7:23 p.m.
Ramie Hammonds provided a summary for the Council and audience. The subject property is zoned
"B2" (Business District2) and does not allow the proposed use of a Trailer/RV Sales or Rental
except with a Specific Use Permit (SUP). The site currently has a SUP for the same use which was
approved for two years on February 5th 2018 through Ordinance 020318 and expires February
5th 2020. The applicant is requesting a new SUP to be approved for the same use to allow them to
continue the use for another two years. The current facility does not meet any of the City's zoning
requirements or landscaping, or any of the other requirements, Also with the I35 expansion it will
likely take part of the lot. Staff recommends denial. This was taken before the Planning and Zoning
Commission and they voted to deny the project 42; so that means that the Council will have to pass
it with a super majority in order for it to pass four (4) of five (5) Council members must vote in
favor).
Ron Delaughter, 13741 Alterna Drive, Haslet, Texas. He noted that he works with Rusty
Delaughter who is his brother. He advised that this is a new piece of property and that anything that
happened previously should not be associated with that. He noted that Rusty has been there for
about seven years and explained that they have been doing well, and to explain that adjacent RV
Sales also park on nonpaved surfaces. He noted that they would like to be partners with the City
and that the demands that have been made are somewhat arbitrary. They feel the goal line has been
moved through the process. He asked that they be granted some consideration. He noted they only
want to park the RV's on the front part of the property. He reiterated that what they are asking for
is the ability to park the RV's on the paved hard existing surface, which was approved before.
Eduardo Fernandez DeCasto was recognized and stated that they followed the advice of this entity
Page 3
CITY OF SANGER, TEXASMINUTES: REGULAR CITY COUNCIL MEETINGMonday, February 3, 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; Councilmember Allen Chick. COUNCIL MEMBERS ABSENT:None.STAFF MEMBERS PRESENT:City Manager Alina Ciocan; City Secretary Cheryl Price; City Engineer Tracy LaPiene; PublicWorks Director Jim Berman; Director of Development Services Ramie Hammonds; Planner MuzaibRiaz; Police Officer Josh Bishop. 1.Call Meeting to Order, Invocation, Pledge of Allegiance.There being a full quorum present at the February 3, 2020 Regular City Council Meeting, themeeting was called to order by Mayor Muir at 7:04 p.m. The Invocation was given byCouncilmember Chick, followed by the Pledge of Allegiance, led by Councilmember Barrett.2.CITIZEN INPUT:Eduardo Fernandez DeCastro was recognized and voiced his concerns regarding the existing zoningat 201 N. Stemmons. He stated that no one wants to put retail on the property, that he could onlyget a daycare or a used car dealer. He has a good tenant and would like to keep them. It was notedthat his item is on the agenda tonight and would be discussed with Item No. 7 on the regularagenda. 3.CONSENT AGENDA:Councilmember Chick asked for Item 3 b. of the Consent Agenda to be moved to Item 4. fordiscussion. a.Approval of Minutes1.City Council Work Session Meeting Minutes 01212020Approval of City Council Work Session Meeting Minutes for Tuesday, January 21,2020.2.City Council Regular Meeting Minutes 01212020Approval of Regular City Council Meeting Minutes for Tuesday, January 21, 2020.A motion was made by Mayor Pro Tem Bilyeu to approve the Minutes Item 3 a. 1., 2., of theConsent Agenda. "Item b." pulled from the Consent Agenda for discussion. The motion wasseconded by Councilmember Clark. The motion carried unanimously (50 vote) . b.Interlocal Cooperation Contract Texas Department of Public SafetyApprove Interlocal Cooperation Contract for the Failure to Appear Program with the TexasDepartment of Public Safety and Sanger Municipal Court of the City of Sanger, DentonCounty, to Accommodate Chapter 706 of the Texas Transportation Code; and, AuthorizeMayor to Execute Contract. 4.Consider Any Items Removed from Consent Agenda.Moved from Consent for Discussion:Item 3, b. Interlocal Cooperation Contract Texas Department of Public SafetyChristy Dyer, Municipal Court Clerk was recognized to answer any questions. There was briefdiscussion and it was noted that this was the same contract which was approved in September2019. The Texas Department of Public Safety made an error in the agreement and corrected theamount the Court must collect from $30.00 to $10.00.A motion was made by Councilman Clark to approve The Interlocal Cooperation Contract for theFailure to Appear Program with the Texas Department of Public Safety and Sanger Municipal Courtof the City of Sanger, Denton County, to Accommodate Chapter 706 of the Texas TransportationCode; and, Authorize Mayor to Execute Contract. The motion was seconded by CouncilmemberBarrett. The motion carried unanimously (50 vote). REGULAR AGENDA5.Comprehensive PlanConsider, Discuss, and Possibly Act on Selecting Norris Design to Develop the Comprehensive Planfor the City of Sanger and Appoint the Mayor as an Agent of the Council to Negotiate a PossibleContract with Norris Design for Comprehensive Planning Services. Mayor Muir noted that there was a detailed presentation given during the Work Session. Directorof Development Services, Ramie Hammonds noted that she wanted to add that if the Councilapproves the Mayor to negotiate this contract tonight that staff will bring the contract back to CityCouncil in March. She also provided the City Council with the names of the individuals who wereselected to grade the proposals. There was a question as to the price and Ms. Hammonds notedthat with Engineering the City can only look at proposals based on qualifications and not on price. A motion was made by Mayor Pro Tem Bilyeu to select Norris Design to develop theComprehensive Plan for the City of Sanger and appoint the Mayor as an Agent of the Council tonegotiate a possible contract with Norris Design for Comprehensive Planning Services. The motionwas seconded by Councilmember Dillon. The motion carried unanimously (50 vote).6.RFQ for Professional Services for FullService Water Storage Maintenance and AssetManagement PlanConsider, Discuss, and Possibly Act on Selecting Maguire Iron, Inc. to Provide ProfessionalServices for FullService Water Storage Facilities Maintenance Plan for the City of Sanger andAppoint the Mayor as an Agent of the Council to Negotiate a Possible Contract.Director of Public Works Jim Berman summarized. He advised that the City of Sanger advertised arequest for proposals for a full service water storage asset management program. The Request wentout for advertisement on January 9th and 16th to the Denton Record Chronicle. There were four(4) companies that requested the RFQ and only one company that returned the request on January23rd. After scoring the reference checks it was determined that Mcquire Iron, Inc. was the mostqualified to provide the services requested. There was brief discussion noting that the idea is tobring the three facilities up to code and keep them there, also discussed was the reputation of thecompany and how long they have been in business (104 years).A motion was made by Councilmember Dillon to s elect Maguire Iron, Inc. to provide professionalservices for fullservice water storage facilities maintenance plan for the City of Sanger and appointthe Mayor as an agent of the Council act on the contract. The motion was seconded by The motionwas seconded by Mayor Pro Tem Bilyeu. The motion carried unanimously (50 vote).7.201 N Stemmons Street SUPConduct a Public Hearing and Consider, Discuss and Act on Ordinance # 010220 Regarding aSpecific Use Permit (SUP) for a Trailer/RV Sales or Rental use on a Property Zoned as B2(Business District 2), and Generally Located West of I35 and Approximately 200 Feet South ofthe Intersection of West Bolivar Street and I35 Service Road.Mayor Muir read the item description and opened the public hearing at 7:23 p.m.Ramie Hammonds provided a summary for the Council and audience. The subject property is zoned"B2" (Business District2) and does not allow the proposed use of a Trailer/RV Sales or Rentalexcept with a Specific Use Permit (SUP). The site currently has a SUP for the same use which wasapproved for two years on February 5th 2018 through Ordinance 020318 and expires February5th 2020. The applicant is requesting a new SUP to be approved for the same use to allow them tocontinue the use for another two years. The current facility does not meet any of the City's zoningrequirements or landscaping, or any of the other requirements, Also with the I35 expansion it willlikely take part of the lot. Staff recommends denial. This was taken before the Planning and ZoningCommission and they voted to deny the project 42; so that means that the Council will have to passit with a super majority in order for it to pass four (4) of five (5) Council members must vote infavor). Ron Delaughter, 13741 Alterna Drive, Haslet, Texas. He noted that he works with RustyDelaughter who is his brother. He advised that this is a new piece of property and that anything thathappened previously should not be associated with that. He noted that Rusty has been there forabout seven years and explained that they have been doing well, and to explain that adjacent RVSales also park on nonpaved surfaces. He noted that they would like to be partners with the Cityand that the demands that have been made are somewhat arbitrary. They feel the goal line has beenmoved through the process. He asked that they be granted some consideration. He noted they onlywant to park the RV's on the front part of the property. He reiterated that what they are asking foris the ability to park the RV's on the paved hard existing surface, which was approved before.
Eduardo Fernandez DeCasto was recognized and stated that they followed the advice of this entity
before and understand that they do not meet the landscaping requirement in the front. He asked that
they be given some leniency because the front is going to be taken by the State for for IH35. He
explained that they would be willing to put some bushes in and would also assist with the cost to do
some additional paving. He noted that these are the tenants that he has and they have improved the
property significantly and they are willing to make the investment and they will provide a copy of the
agreement to the tenant it will be a 50/50 percent investment. He noted that they have tried for
several things to go on the lot and the only interest was a used car lot. They are small business
owners and are trying to make this work. Perhaps in two years when they know what TxDOT is
going to take, they can then possibly put in some retail later on.
Mayor Muir solicited for any additional citizens who wished to comment on the public hearing.
There being no further citizens who wished to speak, the public hearing was closed at 7:35 p.m.
Mayor Muir reread the action item and asked if staff had any additional information to add.
Director of Development Services Ramie Hammonds added that the SUP will expire on February
5th, 2020. She noted that the paving along the front the City does not allow anything parked on
other than a paved surface. For them to park RV's they would have to put in paving. She noted
that there was never a permit applied for or received for the parking which was put in. There also
was no account taken for plantings and landscaping because it wasn't submitted for permit. She also
reiterated that the business to the south is a legally nonconforming business and it can continue as it
is but can not expand or add anything to that site. The SUP s a different issue from that. She noted
that there were some issues code enforcement issues with both businesses parking on the grass.
This has been an ongoing situation and she noted that they are parking in the grass, even in the aerial
photo.
Mayor Pro Tem Bilyeu asked what the original requirements were for the SUP which is expiring.
Ms. Hammonds noted that there was mention of landscaping and that they could not park on
anything other than a paved surface. There was additional discussion regarding the original SUP, the
landscaping and the paving of the parking lot and parking on unpaved surfaces. It was noted that
landscaping was not part of the original agreement. There was considerable discussion regarding the
applicant continuing to park the RV's on nonpaved surfaces. The applicant insisted that they have
not parked the RV's on the grass and that he would prove it with Google Maps. Councilmember
Barrett noted that she pulled up Google Maps dated for 2020 and it does have RV's parked on the
grass. Mayor Pro Tem Bilyeu noted that in order from him to vote on this SUP again, there would
have to be very specific requirements for the property owner and some triggers for those items to
happen. Mayor Muir noted that it would almost need to have a site plan drawn that shows what the
plan for the area would be. Discussion continued with the applicant with suggestions offered by the
applicant. Councilmembers echoed that the applicant would need to be very specific with what they
were doing and submit a site plan with details on what they are going to do on the property which
would include parking, landscaping, etc. It was noted that the applicant could continue to use the
area to the south. The SUP would allow additional parking for the RVs adjacent to their current
business. It was noted that the site is not presently platted and would need to be platted if there was
any development on the property. Lengthy discussion continued between the applicant, Mayor, and
Councilmembers regarding the property.
Councilmember Chick made a motion to deny Ordinance # 010220 regarding a Specific Use
Permit (SUP) for a trailer/RV sales or rental use on a property zoned as B2 (Business District 2),
and generally located west of I35 and approximately 200 feet south of the intersection of West
Bolivar Street and I35 Service Road. The motion to deny was seconded by Councilmember
Page 4
CITY OF SANGER, TEXASMINUTES: REGULAR CITY COUNCIL MEETINGMonday, February 3, 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; Councilmember Allen Chick. COUNCIL MEMBERS ABSENT:None.STAFF MEMBERS PRESENT:City Manager Alina Ciocan; City Secretary Cheryl Price; City Engineer Tracy LaPiene; PublicWorks Director Jim Berman; Director of Development Services Ramie Hammonds; Planner MuzaibRiaz; Police Officer Josh Bishop. 1.Call Meeting to Order, Invocation, Pledge of Allegiance.There being a full quorum present at the February 3, 2020 Regular City Council Meeting, themeeting was called to order by Mayor Muir at 7:04 p.m. The Invocation was given byCouncilmember Chick, followed by the Pledge of Allegiance, led by Councilmember Barrett.2.CITIZEN INPUT:Eduardo Fernandez DeCastro was recognized and voiced his concerns regarding the existing zoningat 201 N. Stemmons. He stated that no one wants to put retail on the property, that he could onlyget a daycare or a used car dealer. He has a good tenant and would like to keep them. It was notedthat his item is on the agenda tonight and would be discussed with Item No. 7 on the regularagenda. 3.CONSENT AGENDA:Councilmember Chick asked for Item 3 b. of the Consent Agenda to be moved to Item 4. fordiscussion. a.Approval of Minutes1.City Council Work Session Meeting Minutes 01212020Approval of City Council Work Session Meeting Minutes for Tuesday, January 21,2020.2.City Council Regular Meeting Minutes 01212020Approval of Regular City Council Meeting Minutes for Tuesday, January 21, 2020.A motion was made by Mayor Pro Tem Bilyeu to approve the Minutes Item 3 a. 1., 2., of theConsent Agenda. "Item b." pulled from the Consent Agenda for discussion. The motion wasseconded by Councilmember Clark. The motion carried unanimously (50 vote) . b.Interlocal Cooperation Contract Texas Department of Public SafetyApprove Interlocal Cooperation Contract for the Failure to Appear Program with the TexasDepartment of Public Safety and Sanger Municipal Court of the City of Sanger, DentonCounty, to Accommodate Chapter 706 of the Texas Transportation Code; and, AuthorizeMayor to Execute Contract. 4.Consider Any Items Removed from Consent Agenda.Moved from Consent for Discussion:Item 3, b. Interlocal Cooperation Contract Texas Department of Public SafetyChristy Dyer, Municipal Court Clerk was recognized to answer any questions. There was briefdiscussion and it was noted that this was the same contract which was approved in September2019. The Texas Department of Public Safety made an error in the agreement and corrected theamount the Court must collect from $30.00 to $10.00.A motion was made by Councilman Clark to approve The Interlocal Cooperation Contract for theFailure to Appear Program with the Texas Department of Public Safety and Sanger Municipal Courtof the City of Sanger, Denton County, to Accommodate Chapter 706 of the Texas TransportationCode; and, Authorize Mayor to Execute Contract. The motion was seconded by CouncilmemberBarrett. The motion carried unanimously (50 vote). REGULAR AGENDA5.Comprehensive PlanConsider, Discuss, and Possibly Act on Selecting Norris Design to Develop the Comprehensive Planfor the City of Sanger and Appoint the Mayor as an Agent of the Council to Negotiate a PossibleContract with Norris Design for Comprehensive Planning Services. Mayor Muir noted that there was a detailed presentation given during the Work Session. Directorof Development Services, Ramie Hammonds noted that she wanted to add that if the Councilapproves the Mayor to negotiate this contract tonight that staff will bring the contract back to CityCouncil in March. She also provided the City Council with the names of the individuals who wereselected to grade the proposals. There was a question as to the price and Ms. Hammonds notedthat with Engineering the City can only look at proposals based on qualifications and not on price. A motion was made by Mayor Pro Tem Bilyeu to select Norris Design to develop theComprehensive Plan for the City of Sanger and appoint the Mayor as an Agent of the Council tonegotiate a possible contract with Norris Design for Comprehensive Planning Services. The motionwas seconded by Councilmember Dillon. The motion carried unanimously (50 vote).6.RFQ for Professional Services for FullService Water Storage Maintenance and AssetManagement PlanConsider, Discuss, and Possibly Act on Selecting Maguire Iron, Inc. to Provide ProfessionalServices for FullService Water Storage Facilities Maintenance Plan for the City of Sanger andAppoint the Mayor as an Agent of the Council to Negotiate a Possible Contract.Director of Public Works Jim Berman summarized. He advised that the City of Sanger advertised arequest for proposals for a full service water storage asset management program. The Request wentout for advertisement on January 9th and 16th to the Denton Record Chronicle. There were four(4) companies that requested the RFQ and only one company that returned the request on January23rd. After scoring the reference checks it was determined that Mcquire Iron, Inc. was the mostqualified to provide the services requested. There was brief discussion noting that the idea is tobring the three facilities up to code and keep them there, also discussed was the reputation of thecompany and how long they have been in business (104 years).A motion was made by Councilmember Dillon to s elect Maguire Iron, Inc. to provide professionalservices for fullservice water storage facilities maintenance plan for the City of Sanger and appointthe Mayor as an agent of the Council act on the contract. The motion was seconded by The motionwas seconded by Mayor Pro Tem Bilyeu. The motion carried unanimously (50 vote).7.201 N Stemmons Street SUPConduct a Public Hearing and Consider, Discuss and Act on Ordinance # 010220 Regarding aSpecific Use Permit (SUP) for a Trailer/RV Sales or Rental use on a Property Zoned as B2(Business District 2), and Generally Located West of I35 and Approximately 200 Feet South ofthe Intersection of West Bolivar Street and I35 Service Road.Mayor Muir read the item description and opened the public hearing at 7:23 p.m.Ramie Hammonds provided a summary for the Council and audience. The subject property is zoned"B2" (Business District2) and does not allow the proposed use of a Trailer/RV Sales or Rentalexcept with a Specific Use Permit (SUP). The site currently has a SUP for the same use which wasapproved for two years on February 5th 2018 through Ordinance 020318 and expires February5th 2020. The applicant is requesting a new SUP to be approved for the same use to allow them tocontinue the use for another two years. The current facility does not meet any of the City's zoningrequirements or landscaping, or any of the other requirements, Also with the I35 expansion it willlikely take part of the lot. Staff recommends denial. This was taken before the Planning and ZoningCommission and they voted to deny the project 42; so that means that the Council will have to passit with a super majority in order for it to pass four (4) of five (5) Council members must vote infavor). Ron Delaughter, 13741 Alterna Drive, Haslet, Texas. He noted that he works with RustyDelaughter who is his brother. He advised that this is a new piece of property and that anything thathappened previously should not be associated with that. He noted that Rusty has been there forabout seven years and explained that they have been doing well, and to explain that adjacent RVSales also park on nonpaved surfaces. He noted that they would like to be partners with the Cityand that the demands that have been made are somewhat arbitrary. They feel the goal line has beenmoved through the process. He asked that they be granted some consideration. He noted they onlywant to park the RV's on the front part of the property. He reiterated that what they are asking foris the ability to park the RV's on the paved hard existing surface, which was approved before. Eduardo Fernandez DeCasto was recognized and stated that they followed the advice of this entitybefore and understand that they do not meet the landscaping requirement in the front. He asked thatthey be given some leniency because the front is going to be taken by the State for for IH35. Heexplained that they would be willing to put some bushes in and would also assist with the cost to dosome additional paving. He noted that these are the tenants that he has and they have improved theproperty significantly and they are willing to make the investment and they will provide a copy of theagreement to the tenant it will be a 50/50 percent investment. He noted that they have tried forseveral things to go on the lot and the only interest was a used car lot. They are small businessowners and are trying to make this work. Perhaps in two years when they know what TxDOT isgoing to take, they can then possibly put in some retail later on. Mayor Muir solicited for any additional citizens who wished to comment on the public hearing. There being no further citizens who wished to speak, the public hearing was closed at 7:35 p.m.Mayor Muir reread the action item and asked if staff had any additional information to add. Director of Development Services Ramie Hammonds added that the SUP will expire on February5th, 2020. She noted that the paving along the front the City does not allow anything parked onother than a paved surface. For them to park RV's they would have to put in paving. She notedthat there was never a permit applied for or received for the parking which was put in. There alsowas no account taken for plantings and landscaping because it wasn't submitted for permit. She alsoreiterated that the business to the south is a legally nonconforming business and it can continue as itis but can not expand or add anything to that site. The SUP s a different issue from that. She notedthat there were some issues code enforcement issues with both businesses parking on the grass. This has been an ongoing situation and she noted that they are parking in the grass, even in the aerialphoto.Mayor Pro Tem Bilyeu asked what the original requirements were for the SUP which is expiring. Ms. Hammonds noted that there was mention of landscaping and that they could not park onanything other than a paved surface. There was additional discussion regarding the original SUP, thelandscaping and the paving of the parking lot and parking on unpaved surfaces. It was noted thatlandscaping was not part of the original agreement. There was considerable discussion regarding theapplicant continuing to park the RV's on nonpaved surfaces. The applicant insisted that they havenot parked the RV's on the grass and that he would prove it with Google Maps. CouncilmemberBarrett noted that she pulled up Google Maps dated for 2020 and it does have RV's parked on thegrass. Mayor Pro Tem Bilyeu noted that in order from him to vote on this SUP again, there wouldhave to be very specific requirements for the property owner and some triggers for those items tohappen. Mayor Muir noted that it would almost need to have a site plan drawn that shows what theplan for the area would be. Discussion continued with the applicant with suggestions offered by theapplicant. Councilmembers echoed that the applicant would need to be very specific with what theywere doing and submit a site plan with details on what they are going to do on the property whichwould include parking, landscaping, etc. It was noted that the applicant could continue to use thearea to the south. The SUP would allow additional parking for the RVs adjacent to their currentbusiness. It was noted that the site is not presently platted and would need to be platted if there wasany development on the property. Lengthy discussion continued between the applicant, Mayor, andCouncilmembers regarding the property. Councilmember Chick made a motion to deny Ordinance # 010220 regarding a Specific UsePermit (SUP) for a trailer/RV sales or rental use on a property zoned as B2 (Business District 2),
and generally located west of I35 and approximately 200 feet south of the intersection of West
Bolivar Street and I35 Service Road. The motion to deny was seconded by Councilmember
Barrett. Councilmember Chick commented that the SUP was denied by Planning and Zoning; and,
staff also recommended denial. The motion to deny carried 41 with Councilmember Clark voting
against the motion to deny.
8.Heaths Hollow Addition Minor Plat
Consider, Discuss and Act on the Minor Plat of Lot 1, Block A of Heaths Hollow Addition, Being
1.967 Acres, in the City of Sanger, and Generally Located Approximately 300 Feet North of the
Intersection of Duck Creek Road and I35 Service Road.
Director of Development Services, Ramie Hammonds summarized. The applicant is proposing to
create one industrial lot of 1.967 acres from three unplatted tracts. The owner is wanting to
redevelop the site with additional 40' x 80' building at the back and use the entire site for a powder
coating business which is being relocated from 201 E. Chapman Road. The property is serviced by
the City of Sanger utilities and has access from I35 Service Road. The rezoning of the property to
industrial zoning was approved by City Council on December 2, 2019. This is Minor Plat as no
public improvements are required and the total number of lots is less than four lots. It has been
reviewed by staff and the applicant has addressed staff's comments and provided a revised plat.
The property abuts residential use on the west. A landscape buffer of a minimum of 15 feet must be
provided along all nonindustrial uses. The Planning and Zoning Commission approved the plat
unanimously. She noted there is one variance that would go along with this, as follows:
1. Section 10.105.04.C of the Subdivision Ordinance stating: Lot Shape: Lots should be
rectangular where practicable. Sharp angles between lot lines should be avoided. The ratio
of depth to width should not ordinarily exceed two and onehalf to one (2.5:1).
She noted that the approval of the plat would include the variance because of the way the lot is
situated. There was brief discussion and it was noted that TxDOT is taking part of the property and
the front building.
Mr. Ray Halliburton was recognized and stated that they are going to build a building in the back to
use for storage. It was noted that they are going to have everything indoors. They are putting in a
new fire line and a new hydrant at the Fire Marshal's request. They are also putting in all new
sprinklers and have spent over $250,000 to bring everything up to code. There was also brief
discussion regarding what truck traffic would be coming into the site.
A motion was made by Mayor Pro Tem Bilyeu to approve the Minor Plat of Lot 1, Block A of
Heaths Hollow Addition, being 1.967 acres, in the City of Sanger, and generally located
approximately 300 feet north of the Intersection of Duck Creek Road and I35 Service Road which
includes the variance as follows:
1. Section 10.105.04.C of the Subdivision Ordinance stating: Lot Shape: Lots should be
rectangular where practicable. Sharp angles between lot lines should be avoided. The ratio
of depth to width should not ordinarily exceed two and onehalf to one (2.5:1).
The motion was seconded by Councilmember .Barrett. There was brief discussion regarding the
variance details through questioning by Councilmember Clark and what area the property included.
The motion carried unanimously (50 vote).
9.Sportsman 2 Final Plat
Page 5
CITY OF SANGER, TEXASMINUTES: REGULAR CITY COUNCIL MEETINGMonday, February 3, 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; Councilmember Allen Chick. COUNCIL MEMBERS ABSENT:None.STAFF MEMBERS PRESENT:City Manager Alina Ciocan; City Secretary Cheryl Price; City Engineer Tracy LaPiene; PublicWorks Director Jim Berman; Director of Development Services Ramie Hammonds; Planner MuzaibRiaz; Police Officer Josh Bishop. 1.Call Meeting to Order, Invocation, Pledge of Allegiance.There being a full quorum present at the February 3, 2020 Regular City Council Meeting, themeeting was called to order by Mayor Muir at 7:04 p.m. The Invocation was given byCouncilmember Chick, followed by the Pledge of Allegiance, led by Councilmember Barrett.2.CITIZEN INPUT:Eduardo Fernandez DeCastro was recognized and voiced his concerns regarding the existing zoningat 201 N. Stemmons. He stated that no one wants to put retail on the property, that he could onlyget a daycare or a used car dealer. He has a good tenant and would like to keep them. It was notedthat his item is on the agenda tonight and would be discussed with Item No. 7 on the regularagenda. 3.CONSENT AGENDA:Councilmember Chick asked for Item 3 b. of the Consent Agenda to be moved to Item 4. fordiscussion. a.Approval of Minutes1.City Council Work Session Meeting Minutes 01212020Approval of City Council Work Session Meeting Minutes for Tuesday, January 21,2020.2.City Council Regular Meeting Minutes 01212020Approval of Regular City Council Meeting Minutes for Tuesday, January 21, 2020.A motion was made by Mayor Pro Tem Bilyeu to approve the Minutes Item 3 a. 1., 2., of theConsent Agenda. "Item b." pulled from the Consent Agenda for discussion. The motion wasseconded by Councilmember Clark. The motion carried unanimously (50 vote) . b.Interlocal Cooperation Contract Texas Department of Public SafetyApprove Interlocal Cooperation Contract for the Failure to Appear Program with the TexasDepartment of Public Safety and Sanger Municipal Court of the City of Sanger, DentonCounty, to Accommodate Chapter 706 of the Texas Transportation Code; and, AuthorizeMayor to Execute Contract. 4.Consider Any Items Removed from Consent Agenda.Moved from Consent for Discussion:Item 3, b. Interlocal Cooperation Contract Texas Department of Public SafetyChristy Dyer, Municipal Court Clerk was recognized to answer any questions. There was briefdiscussion and it was noted that this was the same contract which was approved in September2019. The Texas Department of Public Safety made an error in the agreement and corrected theamount the Court must collect from $30.00 to $10.00.A motion was made by Councilman Clark to approve The Interlocal Cooperation Contract for theFailure to Appear Program with the Texas Department of Public Safety and Sanger Municipal Courtof the City of Sanger, Denton County, to Accommodate Chapter 706 of the Texas TransportationCode; and, Authorize Mayor to Execute Contract. The motion was seconded by CouncilmemberBarrett. The motion carried unanimously (50 vote). REGULAR AGENDA5.Comprehensive PlanConsider, Discuss, and Possibly Act on Selecting Norris Design to Develop the Comprehensive Planfor the City of Sanger and Appoint the Mayor as an Agent of the Council to Negotiate a PossibleContract with Norris Design for Comprehensive Planning Services. Mayor Muir noted that there was a detailed presentation given during the Work Session. Directorof Development Services, Ramie Hammonds noted that she wanted to add that if the Councilapproves the Mayor to negotiate this contract tonight that staff will bring the contract back to CityCouncil in March. She also provided the City Council with the names of the individuals who wereselected to grade the proposals. There was a question as to the price and Ms. Hammonds notedthat with Engineering the City can only look at proposals based on qualifications and not on price. A motion was made by Mayor Pro Tem Bilyeu to select Norris Design to develop theComprehensive Plan for the City of Sanger and appoint the Mayor as an Agent of the Council tonegotiate a possible contract with Norris Design for Comprehensive Planning Services. The motionwas seconded by Councilmember Dillon. The motion carried unanimously (50 vote).6.RFQ for Professional Services for FullService Water Storage Maintenance and AssetManagement PlanConsider, Discuss, and Possibly Act on Selecting Maguire Iron, Inc. to Provide ProfessionalServices for FullService Water Storage Facilities Maintenance Plan for the City of Sanger andAppoint the Mayor as an Agent of the Council to Negotiate a Possible Contract.Director of Public Works Jim Berman summarized. He advised that the City of Sanger advertised arequest for proposals for a full service water storage asset management program. The Request wentout for advertisement on January 9th and 16th to the Denton Record Chronicle. There were four(4) companies that requested the RFQ and only one company that returned the request on January23rd. After scoring the reference checks it was determined that Mcquire Iron, Inc. was the mostqualified to provide the services requested. There was brief discussion noting that the idea is tobring the three facilities up to code and keep them there, also discussed was the reputation of thecompany and how long they have been in business (104 years).A motion was made by Councilmember Dillon to s elect Maguire Iron, Inc. to provide professionalservices for fullservice water storage facilities maintenance plan for the City of Sanger and appointthe Mayor as an agent of the Council act on the contract. The motion was seconded by The motionwas seconded by Mayor Pro Tem Bilyeu. The motion carried unanimously (50 vote).7.201 N Stemmons Street SUPConduct a Public Hearing and Consider, Discuss and Act on Ordinance # 010220 Regarding aSpecific Use Permit (SUP) for a Trailer/RV Sales or Rental use on a Property Zoned as B2(Business District 2), and Generally Located West of I35 and Approximately 200 Feet South ofthe Intersection of West Bolivar Street and I35 Service Road.Mayor Muir read the item description and opened the public hearing at 7:23 p.m.Ramie Hammonds provided a summary for the Council and audience. The subject property is zoned"B2" (Business District2) and does not allow the proposed use of a Trailer/RV Sales or Rentalexcept with a Specific Use Permit (SUP). The site currently has a SUP for the same use which wasapproved for two years on February 5th 2018 through Ordinance 020318 and expires February5th 2020. The applicant is requesting a new SUP to be approved for the same use to allow them tocontinue the use for another two years. The current facility does not meet any of the City's zoningrequirements or landscaping, or any of the other requirements, Also with the I35 expansion it willlikely take part of the lot. Staff recommends denial. This was taken before the Planning and ZoningCommission and they voted to deny the project 42; so that means that the Council will have to passit with a super majority in order for it to pass four (4) of five (5) Council members must vote infavor). Ron Delaughter, 13741 Alterna Drive, Haslet, Texas. He noted that he works with RustyDelaughter who is his brother. He advised that this is a new piece of property and that anything thathappened previously should not be associated with that. He noted that Rusty has been there forabout seven years and explained that they have been doing well, and to explain that adjacent RVSales also park on nonpaved surfaces. He noted that they would like to be partners with the Cityand that the demands that have been made are somewhat arbitrary. They feel the goal line has beenmoved through the process. He asked that they be granted some consideration. He noted they onlywant to park the RV's on the front part of the property. He reiterated that what they are asking foris the ability to park the RV's on the paved hard existing surface, which was approved before. Eduardo Fernandez DeCasto was recognized and stated that they followed the advice of this entitybefore and understand that they do not meet the landscaping requirement in the front. He asked thatthey be given some leniency because the front is going to be taken by the State for for IH35. Heexplained that they would be willing to put some bushes in and would also assist with the cost to dosome additional paving. He noted that these are the tenants that he has and they have improved theproperty significantly and they are willing to make the investment and they will provide a copy of theagreement to the tenant it will be a 50/50 percent investment. He noted that they have tried forseveral things to go on the lot and the only interest was a used car lot. They are small businessowners and are trying to make this work. Perhaps in two years when they know what TxDOT isgoing to take, they can then possibly put in some retail later on. Mayor Muir solicited for any additional citizens who wished to comment on the public hearing. There being no further citizens who wished to speak, the public hearing was closed at 7:35 p.m.Mayor Muir reread the action item and asked if staff had any additional information to add. Director of Development Services Ramie Hammonds added that the SUP will expire on February5th, 2020. She noted that the paving along the front the City does not allow anything parked onother than a paved surface. For them to park RV's they would have to put in paving. She notedthat there was never a permit applied for or received for the parking which was put in. There alsowas no account taken for plantings and landscaping because it wasn't submitted for permit. She alsoreiterated that the business to the south is a legally nonconforming business and it can continue as itis but can not expand or add anything to that site. The SUP s a different issue from that. She notedthat there were some issues code enforcement issues with both businesses parking on the grass. This has been an ongoing situation and she noted that they are parking in the grass, even in the aerialphoto.Mayor Pro Tem Bilyeu asked what the original requirements were for the SUP which is expiring. Ms. Hammonds noted that there was mention of landscaping and that they could not park onanything other than a paved surface. There was additional discussion regarding the original SUP, thelandscaping and the paving of the parking lot and parking on unpaved surfaces. It was noted thatlandscaping was not part of the original agreement. There was considerable discussion regarding theapplicant continuing to park the RV's on nonpaved surfaces. The applicant insisted that they havenot parked the RV's on the grass and that he would prove it with Google Maps. CouncilmemberBarrett noted that she pulled up Google Maps dated for 2020 and it does have RV's parked on thegrass. Mayor Pro Tem Bilyeu noted that in order from him to vote on this SUP again, there wouldhave to be very specific requirements for the property owner and some triggers for those items tohappen. Mayor Muir noted that it would almost need to have a site plan drawn that shows what theplan for the area would be. Discussion continued with the applicant with suggestions offered by theapplicant. Councilmembers echoed that the applicant would need to be very specific with what theywere doing and submit a site plan with details on what they are going to do on the property whichwould include parking, landscaping, etc. It was noted that the applicant could continue to use thearea to the south. The SUP would allow additional parking for the RVs adjacent to their currentbusiness. It was noted that the site is not presently platted and would need to be platted if there wasany development on the property. Lengthy discussion continued between the applicant, Mayor, andCouncilmembers regarding the property. Councilmember Chick made a motion to deny Ordinance # 010220 regarding a Specific UsePermit (SUP) for a trailer/RV sales or rental use on a property zoned as B2 (Business District 2),and generally located west of I35 and approximately 200 feet south of the intersection of WestBolivar Street and I35 Service Road. The motion to deny was seconded by CouncilmemberBarrett. Councilmember Chick commented that the SUP was denied by Planning and Zoning; and,staff also recommended denial. The motion to deny carried 41 with Councilmember Clark votingagainst the motion to deny. 8.Heaths Hollow Addition Minor PlatConsider, Discuss and Act on the Minor Plat of Lot 1, Block A of Heaths Hollow Addition, Being1.967 Acres, in the City of Sanger, and Generally Located Approximately 300 Feet North of theIntersection of Duck Creek Road and I35 Service Road.Director of Development Services, Ramie Hammonds summarized. The applicant is proposing tocreate one industrial lot of 1.967 acres from three unplatted tracts. The owner is wanting toredevelop the site with additional 40' x 80' building at the back and use the entire site for a powdercoating business which is being relocated from 201 E. Chapman Road. The property is serviced bythe City of Sanger utilities and has access from I35 Service Road. The rezoning of the property toindustrial zoning was approved by City Council on December 2, 2019. This is Minor Plat as nopublic improvements are required and the total number of lots is less than four lots. It has beenreviewed by staff and the applicant has addressed staff's comments and provided a revised plat. The property abuts residential use on the west. A landscape buffer of a minimum of 15 feet must beprovided along all nonindustrial uses. The Planning and Zoning Commission approved the platunanimously. She noted there is one variance that would go along with this, as follows:1. Section 10.105.04.C of the Subdivision Ordinance stating: Lot Shape: Lots should berectangular where practicable. Sharp angles between lot lines should be avoided. The ratioof depth to width should not ordinarily exceed two and onehalf to one (2.5:1).She noted that the approval of the plat would include the variance because of the way the lot issituated. There was brief discussion and it was noted that TxDOT is taking part of the property andthe front building. Mr. Ray Halliburton was recognized and stated that they are going to build a building in the back touse for storage. It was noted that they are going to have everything indoors. They are putting in anew fire line and a new hydrant at the Fire Marshal's request. They are also putting in all newsprinklers and have spent over $250,000 to bring everything up to code. There was also briefdiscussion regarding what truck traffic would be coming into the site. A motion was made by Mayor Pro Tem Bilyeu to approve the Minor Plat of Lot 1, Block A ofHeaths Hollow Addition, being 1.967 acres, in the City of Sanger, and generally locatedapproximately 300 feet north of the Intersection of Duck Creek Road and I35 Service Road whichincludes the variance as follows:1. Section 10.105.04.C of the Subdivision Ordinance stating: Lot Shape: Lots should berectangular where practicable. Sharp angles between lot lines should be avoided. The ratioof depth to width should not ordinarily exceed two and onehalf to one (2.5:1).The motion was seconded by Councilmember .Barrett. There was brief discussion regarding thevariance details through questioning by Councilmember Clark and what area the property included. The motion carried unanimously (50 vote).
9.Sportsman 2 Final Plat
Consider, Discuss and Act on the Final Plat of Lot 1, Block A, of Sportsman 2 Gas Station and
Convenience Store Addition, Being 4.108 Acres, and Generally Located South East of the
Intersection of Lois Road East and I35 Service Road.
Director of Development Services Ramie Hammonds summarized. This is a project that the City
Council has seen before, the Sportsman 2. The applicant is proposing to develop a Gas Station and
Convenience Store on approximately 4.108 acre site zoned as B2 (Business District 2). The
proposed project is a convenience store and fueling facility. It will consist of 11,497 square fee of
building, seven regular gas pumps, six separate diesel pumps, and two separate canopies. The site
will contain an approximately 1,600 square foot stand along 2 bay tire shop and include 15 parking
spaces for overnight semitruck parking. The existing structure at the site will be demolished. All
proposed uses are permitted in B2 zoning district. The property will be served by the City of
Sanger Wastewater and Electric. The property will be required to meet all of the City of Sanger
cods and ordinances . Applicant has submitted revised plat and response letter addressing staff
comments. Engineering plans have been reviewed by the City Engineer. Staff recommends
approval. The Planning and Zoning Commission approved the plat unanimously with a condition that
all of staff's comments be addressed before approval by City Council.
Chris Frerich, Eikon, the Civil Engineer for the project was recognized. He summarized the project
as noted above and noted that the only outstanding issue was the water line profile. He advised they
are ready to start demolition and ready to start construction. He noted he would answer any
questions.
Councilmember Dillon asked what he meant by the water line profile. Mr. Frerich noted that in
order to construct this project and get fire flow to the building they are going to extend the City
water main. Bolivar Water Supply can not supply the sufficient GPM. The water CCN is Bolivar
Water and they must purchase their water from Bolivar Water Supply. Fire flow does not apply and
is not a regulated entity under CCN's. The Fire Flow will come from Sanger and the domestic
water supply will come from Bolivar Water. There was considerable discussion regarding the size of
the water line and the CCN belonging to Bolivar Water. It was noted that the City of Sanger would
bill for wastewater usage with either a flat rate, or Bolivar Water will supply the City with monthly
metering reports and will bill based on the water usage.
A motion was made by Mayor Pro Tem Bilyeu to approve Final Plat of Lot 1, Block A, of
Sportsman 2 Gas Station and Convenience Store Addition, being 4.108 Acres, and generally
located south east of the intersection of Lois Road East and I35 Service Road. The motion was
seconded by Councilmember Barrett. The motion carried with a 41 vote with Councilmember
Chick voting in opposition.
10.Ordinance # 020620 Amending Fee Schedule Building and Construction Fees
Consider, Discuss and Possibly Act on Ordinance # 020620 Amending Appendix A “Fee
Schedule” of the Code of Ordinances, Article 2.000 “Building and Construction Fees” Sec. 2.300
"Single Trade Permit Fees".
Director of Development Services Ramie Hammonds summarized. She noted that this is a Fire
Department Amendment and she is presenting it for them because they could not be at the meeting
tonight. We recently had our Fire Marshal resign so the City is without a Fire Marshal at this time
which really hinders review and inspection. We are looking to contract with a third party to do fire
inspections, but we need, in order to do that, have some fees in place to pay for it. The only change
Page 6
CITY OF SANGER, TEXASMINUTES: REGULAR CITY COUNCIL MEETINGMonday, February 3, 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; Councilmember Allen Chick. COUNCIL MEMBERS ABSENT:None.STAFF MEMBERS PRESENT:City Manager Alina Ciocan; City Secretary Cheryl Price; City Engineer Tracy LaPiene; PublicWorks Director Jim Berman; Director of Development Services Ramie Hammonds; Planner MuzaibRiaz; Police Officer Josh Bishop. 1.Call Meeting to Order, Invocation, Pledge of Allegiance.There being a full quorum present at the February 3, 2020 Regular City Council Meeting, themeeting was called to order by Mayor Muir at 7:04 p.m. The Invocation was given byCouncilmember Chick, followed by the Pledge of Allegiance, led by Councilmember Barrett.2.CITIZEN INPUT:Eduardo Fernandez DeCastro was recognized and voiced his concerns regarding the existing zoningat 201 N. Stemmons. He stated that no one wants to put retail on the property, that he could onlyget a daycare or a used car dealer. He has a good tenant and would like to keep them. It was notedthat his item is on the agenda tonight and would be discussed with Item No. 7 on the regularagenda. 3.CONSENT AGENDA:Councilmember Chick asked for Item 3 b. of the Consent Agenda to be moved to Item 4. fordiscussion. a.Approval of Minutes1.City Council Work Session Meeting Minutes 01212020Approval of City Council Work Session Meeting Minutes for Tuesday, January 21,2020.2.City Council Regular Meeting Minutes 01212020Approval of Regular City Council Meeting Minutes for Tuesday, January 21, 2020.A motion was made by Mayor Pro Tem Bilyeu to approve the Minutes Item 3 a. 1., 2., of theConsent Agenda. "Item b." pulled from the Consent Agenda for discussion. The motion wasseconded by Councilmember Clark. The motion carried unanimously (50 vote) . b.Interlocal Cooperation Contract Texas Department of Public SafetyApprove Interlocal Cooperation Contract for the Failure to Appear Program with the TexasDepartment of Public Safety and Sanger Municipal Court of the City of Sanger, DentonCounty, to Accommodate Chapter 706 of the Texas Transportation Code; and, AuthorizeMayor to Execute Contract. 4.Consider Any Items Removed from Consent Agenda.Moved from Consent for Discussion:Item 3, b. Interlocal Cooperation Contract Texas Department of Public SafetyChristy Dyer, Municipal Court Clerk was recognized to answer any questions. There was briefdiscussion and it was noted that this was the same contract which was approved in September2019. The Texas Department of Public Safety made an error in the agreement and corrected theamount the Court must collect from $30.00 to $10.00.A motion was made by Councilman Clark to approve The Interlocal Cooperation Contract for theFailure to Appear Program with the Texas Department of Public Safety and Sanger Municipal Courtof the City of Sanger, Denton County, to Accommodate Chapter 706 of the Texas TransportationCode; and, Authorize Mayor to Execute Contract. The motion was seconded by CouncilmemberBarrett. The motion carried unanimously (50 vote). REGULAR AGENDA5.Comprehensive PlanConsider, Discuss, and Possibly Act on Selecting Norris Design to Develop the Comprehensive Planfor the City of Sanger and Appoint the Mayor as an Agent of the Council to Negotiate a PossibleContract with Norris Design for Comprehensive Planning Services. Mayor Muir noted that there was a detailed presentation given during the Work Session. Directorof Development Services, Ramie Hammonds noted that she wanted to add that if the Councilapproves the Mayor to negotiate this contract tonight that staff will bring the contract back to CityCouncil in March. She also provided the City Council with the names of the individuals who wereselected to grade the proposals. There was a question as to the price and Ms. Hammonds notedthat with Engineering the City can only look at proposals based on qualifications and not on price. A motion was made by Mayor Pro Tem Bilyeu to select Norris Design to develop theComprehensive Plan for the City of Sanger and appoint the Mayor as an Agent of the Council tonegotiate a possible contract with Norris Design for Comprehensive Planning Services. The motionwas seconded by Councilmember Dillon. The motion carried unanimously (50 vote).6.RFQ for Professional Services for FullService Water Storage Maintenance and AssetManagement PlanConsider, Discuss, and Possibly Act on Selecting Maguire Iron, Inc. to Provide ProfessionalServices for FullService Water Storage Facilities Maintenance Plan for the City of Sanger andAppoint the Mayor as an Agent of the Council to Negotiate a Possible Contract.Director of Public Works Jim Berman summarized. He advised that the City of Sanger advertised arequest for proposals for a full service water storage asset management program. The Request wentout for advertisement on January 9th and 16th to the Denton Record Chronicle. There were four(4) companies that requested the RFQ and only one company that returned the request on January23rd. After scoring the reference checks it was determined that Mcquire Iron, Inc. was the mostqualified to provide the services requested. There was brief discussion noting that the idea is tobring the three facilities up to code and keep them there, also discussed was the reputation of thecompany and how long they have been in business (104 years).A motion was made by Councilmember Dillon to s elect Maguire Iron, Inc. to provide professionalservices for fullservice water storage facilities maintenance plan for the City of Sanger and appointthe Mayor as an agent of the Council act on the contract. The motion was seconded by The motionwas seconded by Mayor Pro Tem Bilyeu. The motion carried unanimously (50 vote).7.201 N Stemmons Street SUPConduct a Public Hearing and Consider, Discuss and Act on Ordinance # 010220 Regarding aSpecific Use Permit (SUP) for a Trailer/RV Sales or Rental use on a Property Zoned as B2(Business District 2), and Generally Located West of I35 and Approximately 200 Feet South ofthe Intersection of West Bolivar Street and I35 Service Road.Mayor Muir read the item description and opened the public hearing at 7:23 p.m.Ramie Hammonds provided a summary for the Council and audience. The subject property is zoned"B2" (Business District2) and does not allow the proposed use of a Trailer/RV Sales or Rentalexcept with a Specific Use Permit (SUP). The site currently has a SUP for the same use which wasapproved for two years on February 5th 2018 through Ordinance 020318 and expires February5th 2020. The applicant is requesting a new SUP to be approved for the same use to allow them tocontinue the use for another two years. The current facility does not meet any of the City's zoningrequirements or landscaping, or any of the other requirements, Also with the I35 expansion it willlikely take part of the lot. Staff recommends denial. This was taken before the Planning and ZoningCommission and they voted to deny the project 42; so that means that the Council will have to passit with a super majority in order for it to pass four (4) of five (5) Council members must vote infavor). Ron Delaughter, 13741 Alterna Drive, Haslet, Texas. He noted that he works with RustyDelaughter who is his brother. He advised that this is a new piece of property and that anything thathappened previously should not be associated with that. He noted that Rusty has been there forabout seven years and explained that they have been doing well, and to explain that adjacent RVSales also park on nonpaved surfaces. He noted that they would like to be partners with the Cityand that the demands that have been made are somewhat arbitrary. They feel the goal line has beenmoved through the process. He asked that they be granted some consideration. He noted they onlywant to park the RV's on the front part of the property. He reiterated that what they are asking foris the ability to park the RV's on the paved hard existing surface, which was approved before. Eduardo Fernandez DeCasto was recognized and stated that they followed the advice of this entitybefore and understand that they do not meet the landscaping requirement in the front. He asked thatthey be given some leniency because the front is going to be taken by the State for for IH35. Heexplained that they would be willing to put some bushes in and would also assist with the cost to dosome additional paving. He noted that these are the tenants that he has and they have improved theproperty significantly and they are willing to make the investment and they will provide a copy of theagreement to the tenant it will be a 50/50 percent investment. He noted that they have tried forseveral things to go on the lot and the only interest was a used car lot. They are small businessowners and are trying to make this work. Perhaps in two years when they know what TxDOT isgoing to take, they can then possibly put in some retail later on. Mayor Muir solicited for any additional citizens who wished to comment on the public hearing. There being no further citizens who wished to speak, the public hearing was closed at 7:35 p.m.Mayor Muir reread the action item and asked if staff had any additional information to add. Director of Development Services Ramie Hammonds added that the SUP will expire on February5th, 2020. She noted that the paving along the front the City does not allow anything parked onother than a paved surface. For them to park RV's they would have to put in paving. She notedthat there was never a permit applied for or received for the parking which was put in. There alsowas no account taken for plantings and landscaping because it wasn't submitted for permit. She alsoreiterated that the business to the south is a legally nonconforming business and it can continue as itis but can not expand or add anything to that site. The SUP s a different issue from that. She notedthat there were some issues code enforcement issues with both businesses parking on the grass. This has been an ongoing situation and she noted that they are parking in the grass, even in the aerialphoto.Mayor Pro Tem Bilyeu asked what the original requirements were for the SUP which is expiring. Ms. Hammonds noted that there was mention of landscaping and that they could not park onanything other than a paved surface. There was additional discussion regarding the original SUP, thelandscaping and the paving of the parking lot and parking on unpaved surfaces. It was noted thatlandscaping was not part of the original agreement. There was considerable discussion regarding theapplicant continuing to park the RV's on nonpaved surfaces. The applicant insisted that they havenot parked the RV's on the grass and that he would prove it with Google Maps. CouncilmemberBarrett noted that she pulled up Google Maps dated for 2020 and it does have RV's parked on thegrass. Mayor Pro Tem Bilyeu noted that in order from him to vote on this SUP again, there wouldhave to be very specific requirements for the property owner and some triggers for those items tohappen. Mayor Muir noted that it would almost need to have a site plan drawn that shows what theplan for the area would be. Discussion continued with the applicant with suggestions offered by theapplicant. Councilmembers echoed that the applicant would need to be very specific with what theywere doing and submit a site plan with details on what they are going to do on the property whichwould include parking, landscaping, etc. It was noted that the applicant could continue to use thearea to the south. The SUP would allow additional parking for the RVs adjacent to their currentbusiness. It was noted that the site is not presently platted and would need to be platted if there wasany development on the property. Lengthy discussion continued between the applicant, Mayor, andCouncilmembers regarding the property. Councilmember Chick made a motion to deny Ordinance # 010220 regarding a Specific UsePermit (SUP) for a trailer/RV sales or rental use on a property zoned as B2 (Business District 2),and generally located west of I35 and approximately 200 feet south of the intersection of WestBolivar Street and I35 Service Road. The motion to deny was seconded by CouncilmemberBarrett. Councilmember Chick commented that the SUP was denied by Planning and Zoning; and,staff also recommended denial. The motion to deny carried 41 with Councilmember Clark votingagainst the motion to deny. 8.Heaths Hollow Addition Minor PlatConsider, Discuss and Act on the Minor Plat of Lot 1, Block A of Heaths Hollow Addition, Being1.967 Acres, in the City of Sanger, and Generally Located Approximately 300 Feet North of theIntersection of Duck Creek Road and I35 Service Road.Director of Development Services, Ramie Hammonds summarized. The applicant is proposing tocreate one industrial lot of 1.967 acres from three unplatted tracts. The owner is wanting toredevelop the site with additional 40' x 80' building at the back and use the entire site for a powdercoating business which is being relocated from 201 E. Chapman Road. The property is serviced bythe City of Sanger utilities and has access from I35 Service Road. The rezoning of the property toindustrial zoning was approved by City Council on December 2, 2019. This is Minor Plat as nopublic improvements are required and the total number of lots is less than four lots. It has beenreviewed by staff and the applicant has addressed staff's comments and provided a revised plat. The property abuts residential use on the west. A landscape buffer of a minimum of 15 feet must beprovided along all nonindustrial uses. The Planning and Zoning Commission approved the platunanimously. She noted there is one variance that would go along with this, as follows:1. Section 10.105.04.C of the Subdivision Ordinance stating: Lot Shape: Lots should berectangular where practicable. Sharp angles between lot lines should be avoided. The ratioof depth to width should not ordinarily exceed two and onehalf to one (2.5:1).She noted that the approval of the plat would include the variance because of the way the lot issituated. There was brief discussion and it was noted that TxDOT is taking part of the property andthe front building. Mr. Ray Halliburton was recognized and stated that they are going to build a building in the back touse for storage. It was noted that they are going to have everything indoors. They are putting in anew fire line and a new hydrant at the Fire Marshal's request. They are also putting in all newsprinklers and have spent over $250,000 to bring everything up to code. There was also briefdiscussion regarding what truck traffic would be coming into the site. A motion was made by Mayor Pro Tem Bilyeu to approve the Minor Plat of Lot 1, Block A ofHeaths Hollow Addition, being 1.967 acres, in the City of Sanger, and generally locatedapproximately 300 feet north of the Intersection of Duck Creek Road and I35 Service Road whichincludes the variance as follows:1. Section 10.105.04.C of the Subdivision Ordinance stating: Lot Shape: Lots should berectangular where practicable. Sharp angles between lot lines should be avoided. The ratioof depth to width should not ordinarily exceed two and onehalf to one (2.5:1).The motion was seconded by Councilmember .Barrett. There was brief discussion regarding thevariance details through questioning by Councilmember Clark and what area the property included. The motion carried unanimously (50 vote). 9.Sportsman 2 Final PlatConsider, Discuss and Act on the Final Plat of Lot 1, Block A, of Sportsman 2 Gas Station andConvenience Store Addition, Being 4.108 Acres, and Generally Located South East of theIntersection of Lois Road East and I35 Service Road.Director of Development Services Ramie Hammonds summarized. This is a project that the CityCouncil has seen before, the Sportsman 2. The applicant is proposing to develop a Gas Station andConvenience Store on approximately 4.108 acre site zoned as B2 (Business District 2). Theproposed project is a convenience store and fueling facility. It will consist of 11,497 square fee ofbuilding, seven regular gas pumps, six separate diesel pumps, and two separate canopies. The sitewill contain an approximately 1,600 square foot stand along 2 bay tire shop and include 15 parkingspaces for overnight semitruck parking. The existing structure at the site will be demolished. Allproposed uses are permitted in B2 zoning district. The property will be served by the City ofSanger Wastewater and Electric. The property will be required to meet all of the City of Sangercods and ordinances . Applicant has submitted revised plat and response letter addressing staffcomments. Engineering plans have been reviewed by the City Engineer. Staff recommendsapproval. The Planning and Zoning Commission approved the plat unanimously with a condition thatall of staff's comments be addressed before approval by City Council. Chris Frerich, Eikon, the Civil Engineer for the project was recognized. He summarized the projectas noted above and noted that the only outstanding issue was the water line profile. He advised theyare ready to start demolition and ready to start construction. He noted he would answer anyquestions. Councilmember Dillon asked what he meant by the water line profile. Mr. Frerich noted that inorder to construct this project and get fire flow to the building they are going to extend the Citywater main. Bolivar Water Supply can not supply the sufficient GPM. The water CCN is BolivarWater and they must purchase their water from Bolivar Water Supply. Fire flow does not apply andis not a regulated entity under CCN's. The Fire Flow will come from Sanger and the domesticwater supply will come from Bolivar Water. There was considerable discussion regarding the size ofthe water line and the CCN belonging to Bolivar Water. It was noted that the City of Sanger wouldbill for wastewater usage with either a flat rate, or Bolivar Water will supply the City with monthlymetering reports and will bill based on the water usage. A motion was made by Mayor Pro Tem Bilyeu to approve Final Plat of Lot 1, Block A, ofSportsman 2 Gas Station and Convenience Store Addition, being 4.108 Acres, and generallylocated south east of the intersection of Lois Road East and I35 Service Road. The motion wasseconded by Councilmember Barrett. The motion carried with a 41 vote with CouncilmemberChick voting in opposition. 10.Ordinance # 020620 Amending Fee Schedule Building and Construction FeesConsider, Discuss and Possibly Act on Ordinance # 020620 Amending Appendix A “FeeSchedule” of the Code of Ordinances, Article 2.000 “Building and Construction Fees” Sec. 2.300"Single Trade Permit Fees".Director of Development Services Ramie Hammonds summarized. She noted that this is a FireDepartment Amendment and she is presenting it for them because they could not be at the meetingtonight. We recently had our Fire Marshal resign so the City is without a Fire Marshal at this time
which really hinders review and inspection. We are looking to contract with a third party to do fire
inspections, but we need, in order to do that, have some fees in place to pay for it. The only change
in the whole fee schedule is number 7 which reads:
7. For the 3rd party Fire review and/or inspections: Actual cost plus an administrative fee of 5% of
the total cost of the 3rd party review and/or inspections.
Councilmember Clark asked what about current applications. Ms. Hammonds noted that they have
one application on hold and have not heard back from the previous Fire Marshal regarding it, so that
is one of the reasons we need to get the third party reviewer in place.
A motion was made by Mayor Pro Tem Bilyeu to approve Ordinance # 020620 amending
Appendix A “Fee Schedule” of the Code of Ordinances, Article 2.000 “Building and Construction
Fees” Sec. 2.300 "Single Trade Permit Fees". The motion was seconded by Councilmember
Dillon. The motion carried with a 40 vote, Councilmember Clark voting in opposition.
11.Bureau Veritas Fire Services Contract
Consider, Discuss and Act on an Amendment to the Standard Professional Services Agreement
Between Bureau Veritas North American and the City of Sanger by Adding Additional Scope of
Services and Fee Schedule; and Authorize the Mayor to Execute Said Amendment.
Ramie Hammonds was recognized to give a summary. This is a companion item to the previous
item. This is an extension of our Contract with Bureau Veritas. We use them when our Building
Inspector is out on leave and is not available to do inspections. This would be adding fire
Inspections to that contract. This helps the city do inspections in a timely manner and helps with the
shot clock requirements.
A motion was made by Mayor Pro Tem Bilyeu to approve an Amendment to the Standard
Professional Services Agreement Between Bureau Veritas North American and the City of Sanger
by adding additional Scope of Services and Fee Schedule; and authorize the Mayor to execute said
Amendment. The motion was seconded by Councilmember Clark. The motion carried unanimously
(50 vote).
12.Ordinance #020420 Ordering and Providing Notice of General Election For Mayor and
Two City Council Members Places 2 and 4; Approval of Joint Election Agreement.with
Denton County.
Consider, Discuss and Possibly Act on Ordinance #020420 Ordering and Providing Notice of
General Election for the Purpose of Electing Mayor, City Council Member Place 2, and City
Council Member Place 4; Authorizing the Mayor to Sign the Ordinance; and, Providing for an
Effective Date; Approving and Authorizing the Mayor and Council Members to Sign the Order of
Election for the City of Sanger's May 2, 2020 General Election; and, Approve and Authorize the
Mayor to Sign the Joint Election Agreement and Contract with Denton County Election Services for
the May 2, 2020 General Election.
Mayor Muir read the agenda item. Mayor Pro Tem Bilyeu noted that this item is an annual item for
the Election and it is selfexplanatory and proposed a motion.
A motion was made by Mayor Pro Tem Bilyeu to approve Ordinance #020420 ordering and
providing Notice of General Election for the purpose of electing Mayor, City Council Member Place
2, and City Council Member Place 4; authorizing the Mayor to sign the Ordinance; and, providing
for an effective date; approving and authorizing the Mayor and Council Members to Sign the Order
Page 7
CITY OF SANGER, TEXASMINUTES: REGULAR CITY COUNCIL MEETINGMonday, February 3, 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; Councilmember Allen Chick. COUNCIL MEMBERS ABSENT:None.STAFF MEMBERS PRESENT:City Manager Alina Ciocan; City Secretary Cheryl Price; City Engineer Tracy LaPiene; PublicWorks Director Jim Berman; Director of Development Services Ramie Hammonds; Planner MuzaibRiaz; Police Officer Josh Bishop. 1.Call Meeting to Order, Invocation, Pledge of Allegiance.There being a full quorum present at the February 3, 2020 Regular City Council Meeting, themeeting was called to order by Mayor Muir at 7:04 p.m. The Invocation was given byCouncilmember Chick, followed by the Pledge of Allegiance, led by Councilmember Barrett.2.CITIZEN INPUT:Eduardo Fernandez DeCastro was recognized and voiced his concerns regarding the existing zoningat 201 N. Stemmons. He stated that no one wants to put retail on the property, that he could onlyget a daycare or a used car dealer. He has a good tenant and would like to keep them. It was notedthat his item is on the agenda tonight and would be discussed with Item No. 7 on the regularagenda. 3.CONSENT AGENDA:Councilmember Chick asked for Item 3 b. of the Consent Agenda to be moved to Item 4. fordiscussion. a.Approval of Minutes1.City Council Work Session Meeting Minutes 01212020Approval of City Council Work Session Meeting Minutes for Tuesday, January 21,2020.2.City Council Regular Meeting Minutes 01212020Approval of Regular City Council Meeting Minutes for Tuesday, January 21, 2020.A motion was made by Mayor Pro Tem Bilyeu to approve the Minutes Item 3 a. 1., 2., of theConsent Agenda. "Item b." pulled from the Consent Agenda for discussion. The motion wasseconded by Councilmember Clark. The motion carried unanimously (50 vote) . b.Interlocal Cooperation Contract Texas Department of Public SafetyApprove Interlocal Cooperation Contract for the Failure to Appear Program with the TexasDepartment of Public Safety and Sanger Municipal Court of the City of Sanger, DentonCounty, to Accommodate Chapter 706 of the Texas Transportation Code; and, AuthorizeMayor to Execute Contract. 4.Consider Any Items Removed from Consent Agenda.Moved from Consent for Discussion:Item 3, b. Interlocal Cooperation Contract Texas Department of Public SafetyChristy Dyer, Municipal Court Clerk was recognized to answer any questions. There was briefdiscussion and it was noted that this was the same contract which was approved in September2019. The Texas Department of Public Safety made an error in the agreement and corrected theamount the Court must collect from $30.00 to $10.00.A motion was made by Councilman Clark to approve The Interlocal Cooperation Contract for theFailure to Appear Program with the Texas Department of Public Safety and Sanger Municipal Courtof the City of Sanger, Denton County, to Accommodate Chapter 706 of the Texas TransportationCode; and, Authorize Mayor to Execute Contract. The motion was seconded by CouncilmemberBarrett. The motion carried unanimously (50 vote). REGULAR AGENDA5.Comprehensive PlanConsider, Discuss, and Possibly Act on Selecting Norris Design to Develop the Comprehensive Planfor the City of Sanger and Appoint the Mayor as an Agent of the Council to Negotiate a PossibleContract with Norris Design for Comprehensive Planning Services. Mayor Muir noted that there was a detailed presentation given during the Work Session. Directorof Development Services, Ramie Hammonds noted that she wanted to add that if the Councilapproves the Mayor to negotiate this contract tonight that staff will bring the contract back to CityCouncil in March. She also provided the City Council with the names of the individuals who wereselected to grade the proposals. There was a question as to the price and Ms. Hammonds notedthat with Engineering the City can only look at proposals based on qualifications and not on price. A motion was made by Mayor Pro Tem Bilyeu to select Norris Design to develop theComprehensive Plan for the City of Sanger and appoint the Mayor as an Agent of the Council tonegotiate a possible contract with Norris Design for Comprehensive Planning Services. The motionwas seconded by Councilmember Dillon. The motion carried unanimously (50 vote).6.RFQ for Professional Services for FullService Water Storage Maintenance and AssetManagement PlanConsider, Discuss, and Possibly Act on Selecting Maguire Iron, Inc. to Provide ProfessionalServices for FullService Water Storage Facilities Maintenance Plan for the City of Sanger andAppoint the Mayor as an Agent of the Council to Negotiate a Possible Contract.Director of Public Works Jim Berman summarized. He advised that the City of Sanger advertised arequest for proposals for a full service water storage asset management program. The Request wentout for advertisement on January 9th and 16th to the Denton Record Chronicle. There were four(4) companies that requested the RFQ and only one company that returned the request on January23rd. After scoring the reference checks it was determined that Mcquire Iron, Inc. was the mostqualified to provide the services requested. There was brief discussion noting that the idea is tobring the three facilities up to code and keep them there, also discussed was the reputation of thecompany and how long they have been in business (104 years).A motion was made by Councilmember Dillon to s elect Maguire Iron, Inc. to provide professionalservices for fullservice water storage facilities maintenance plan for the City of Sanger and appointthe Mayor as an agent of the Council act on the contract. The motion was seconded by The motionwas seconded by Mayor Pro Tem Bilyeu. The motion carried unanimously (50 vote).7.201 N Stemmons Street SUPConduct a Public Hearing and Consider, Discuss and Act on Ordinance # 010220 Regarding aSpecific Use Permit (SUP) for a Trailer/RV Sales or Rental use on a Property Zoned as B2(Business District 2), and Generally Located West of I35 and Approximately 200 Feet South ofthe Intersection of West Bolivar Street and I35 Service Road.Mayor Muir read the item description and opened the public hearing at 7:23 p.m.Ramie Hammonds provided a summary for the Council and audience. The subject property is zoned"B2" (Business District2) and does not allow the proposed use of a Trailer/RV Sales or Rentalexcept with a Specific Use Permit (SUP). The site currently has a SUP for the same use which wasapproved for two years on February 5th 2018 through Ordinance 020318 and expires February5th 2020. The applicant is requesting a new SUP to be approved for the same use to allow them tocontinue the use for another two years. The current facility does not meet any of the City's zoningrequirements or landscaping, or any of the other requirements, Also with the I35 expansion it willlikely take part of the lot. Staff recommends denial. This was taken before the Planning and ZoningCommission and they voted to deny the project 42; so that means that the Council will have to passit with a super majority in order for it to pass four (4) of five (5) Council members must vote infavor). Ron Delaughter, 13741 Alterna Drive, Haslet, Texas. He noted that he works with RustyDelaughter who is his brother. He advised that this is a new piece of property and that anything thathappened previously should not be associated with that. He noted that Rusty has been there forabout seven years and explained that they have been doing well, and to explain that adjacent RVSales also park on nonpaved surfaces. He noted that they would like to be partners with the Cityand that the demands that have been made are somewhat arbitrary. They feel the goal line has beenmoved through the process. He asked that they be granted some consideration. He noted they onlywant to park the RV's on the front part of the property. He reiterated that what they are asking foris the ability to park the RV's on the paved hard existing surface, which was approved before. Eduardo Fernandez DeCasto was recognized and stated that they followed the advice of this entitybefore and understand that they do not meet the landscaping requirement in the front. He asked thatthey be given some leniency because the front is going to be taken by the State for for IH35. Heexplained that they would be willing to put some bushes in and would also assist with the cost to dosome additional paving. He noted that these are the tenants that he has and they have improved theproperty significantly and they are willing to make the investment and they will provide a copy of theagreement to the tenant it will be a 50/50 percent investment. He noted that they have tried forseveral things to go on the lot and the only interest was a used car lot. They are small businessowners and are trying to make this work. Perhaps in two years when they know what TxDOT isgoing to take, they can then possibly put in some retail later on. Mayor Muir solicited for any additional citizens who wished to comment on the public hearing. There being no further citizens who wished to speak, the public hearing was closed at 7:35 p.m.Mayor Muir reread the action item and asked if staff had any additional information to add. Director of Development Services Ramie Hammonds added that the SUP will expire on February5th, 2020. She noted that the paving along the front the City does not allow anything parked onother than a paved surface. For them to park RV's they would have to put in paving. She notedthat there was never a permit applied for or received for the parking which was put in. There alsowas no account taken for plantings and landscaping because it wasn't submitted for permit. She alsoreiterated that the business to the south is a legally nonconforming business and it can continue as itis but can not expand or add anything to that site. The SUP s a different issue from that. She notedthat there were some issues code enforcement issues with both businesses parking on the grass. This has been an ongoing situation and she noted that they are parking in the grass, even in the aerialphoto.Mayor Pro Tem Bilyeu asked what the original requirements were for the SUP which is expiring. Ms. Hammonds noted that there was mention of landscaping and that they could not park onanything other than a paved surface. There was additional discussion regarding the original SUP, thelandscaping and the paving of the parking lot and parking on unpaved surfaces. It was noted thatlandscaping was not part of the original agreement. There was considerable discussion regarding theapplicant continuing to park the RV's on nonpaved surfaces. The applicant insisted that they havenot parked the RV's on the grass and that he would prove it with Google Maps. CouncilmemberBarrett noted that she pulled up Google Maps dated for 2020 and it does have RV's parked on thegrass. Mayor Pro Tem Bilyeu noted that in order from him to vote on this SUP again, there wouldhave to be very specific requirements for the property owner and some triggers for those items tohappen. Mayor Muir noted that it would almost need to have a site plan drawn that shows what theplan for the area would be. Discussion continued with the applicant with suggestions offered by theapplicant. Councilmembers echoed that the applicant would need to be very specific with what theywere doing and submit a site plan with details on what they are going to do on the property whichwould include parking, landscaping, etc. It was noted that the applicant could continue to use thearea to the south. The SUP would allow additional parking for the RVs adjacent to their currentbusiness. It was noted that the site is not presently platted and would need to be platted if there wasany development on the property. Lengthy discussion continued between the applicant, Mayor, andCouncilmembers regarding the property. Councilmember Chick made a motion to deny Ordinance # 010220 regarding a Specific UsePermit (SUP) for a trailer/RV sales or rental use on a property zoned as B2 (Business District 2),and generally located west of I35 and approximately 200 feet south of the intersection of WestBolivar Street and I35 Service Road. The motion to deny was seconded by CouncilmemberBarrett. Councilmember Chick commented that the SUP was denied by Planning and Zoning; and,staff also recommended denial. The motion to deny carried 41 with Councilmember Clark votingagainst the motion to deny. 8.Heaths Hollow Addition Minor PlatConsider, Discuss and Act on the Minor Plat of Lot 1, Block A of Heaths Hollow Addition, Being1.967 Acres, in the City of Sanger, and Generally Located Approximately 300 Feet North of theIntersection of Duck Creek Road and I35 Service Road.Director of Development Services, Ramie Hammonds summarized. The applicant is proposing tocreate one industrial lot of 1.967 acres from three unplatted tracts. The owner is wanting toredevelop the site with additional 40' x 80' building at the back and use the entire site for a powdercoating business which is being relocated from 201 E. Chapman Road. The property is serviced bythe City of Sanger utilities and has access from I35 Service Road. The rezoning of the property toindustrial zoning was approved by City Council on December 2, 2019. This is Minor Plat as nopublic improvements are required and the total number of lots is less than four lots. It has beenreviewed by staff and the applicant has addressed staff's comments and provided a revised plat. The property abuts residential use on the west. A landscape buffer of a minimum of 15 feet must beprovided along all nonindustrial uses. The Planning and Zoning Commission approved the platunanimously. She noted there is one variance that would go along with this, as follows:1. Section 10.105.04.C of the Subdivision Ordinance stating: Lot Shape: Lots should berectangular where practicable. Sharp angles between lot lines should be avoided. The ratioof depth to width should not ordinarily exceed two and onehalf to one (2.5:1).She noted that the approval of the plat would include the variance because of the way the lot issituated. There was brief discussion and it was noted that TxDOT is taking part of the property andthe front building. Mr. Ray Halliburton was recognized and stated that they are going to build a building in the back touse for storage. It was noted that they are going to have everything indoors. They are putting in anew fire line and a new hydrant at the Fire Marshal's request. They are also putting in all newsprinklers and have spent over $250,000 to bring everything up to code. There was also briefdiscussion regarding what truck traffic would be coming into the site. A motion was made by Mayor Pro Tem Bilyeu to approve the Minor Plat of Lot 1, Block A ofHeaths Hollow Addition, being 1.967 acres, in the City of Sanger, and generally locatedapproximately 300 feet north of the Intersection of Duck Creek Road and I35 Service Road whichincludes the variance as follows:1. Section 10.105.04.C of the Subdivision Ordinance stating: Lot Shape: Lots should berectangular where practicable. Sharp angles between lot lines should be avoided. The ratioof depth to width should not ordinarily exceed two and onehalf to one (2.5:1).The motion was seconded by Councilmember .Barrett. There was brief discussion regarding thevariance details through questioning by Councilmember Clark and what area the property included. The motion carried unanimously (50 vote). 9.Sportsman 2 Final PlatConsider, Discuss and Act on the Final Plat of Lot 1, Block A, of Sportsman 2 Gas Station andConvenience Store Addition, Being 4.108 Acres, and Generally Located South East of theIntersection of Lois Road East and I35 Service Road.Director of Development Services Ramie Hammonds summarized. This is a project that the CityCouncil has seen before, the Sportsman 2. The applicant is proposing to develop a Gas Station andConvenience Store on approximately 4.108 acre site zoned as B2 (Business District 2). Theproposed project is a convenience store and fueling facility. It will consist of 11,497 square fee ofbuilding, seven regular gas pumps, six separate diesel pumps, and two separate canopies. The sitewill contain an approximately 1,600 square foot stand along 2 bay tire shop and include 15 parkingspaces for overnight semitruck parking. The existing structure at the site will be demolished. Allproposed uses are permitted in B2 zoning district. The property will be served by the City ofSanger Wastewater and Electric. The property will be required to meet all of the City of Sangercods and ordinances . Applicant has submitted revised plat and response letter addressing staffcomments. Engineering plans have been reviewed by the City Engineer. Staff recommendsapproval. The Planning and Zoning Commission approved the plat unanimously with a condition thatall of staff's comments be addressed before approval by City Council. Chris Frerich, Eikon, the Civil Engineer for the project was recognized. He summarized the projectas noted above and noted that the only outstanding issue was the water line profile. He advised theyare ready to start demolition and ready to start construction. He noted he would answer anyquestions. Councilmember Dillon asked what he meant by the water line profile. Mr. Frerich noted that inorder to construct this project and get fire flow to the building they are going to extend the Citywater main. Bolivar Water Supply can not supply the sufficient GPM. The water CCN is BolivarWater and they must purchase their water from Bolivar Water Supply. Fire flow does not apply andis not a regulated entity under CCN's. The Fire Flow will come from Sanger and the domesticwater supply will come from Bolivar Water. There was considerable discussion regarding the size ofthe water line and the CCN belonging to Bolivar Water. It was noted that the City of Sanger wouldbill for wastewater usage with either a flat rate, or Bolivar Water will supply the City with monthlymetering reports and will bill based on the water usage. A motion was made by Mayor Pro Tem Bilyeu to approve Final Plat of Lot 1, Block A, ofSportsman 2 Gas Station and Convenience Store Addition, being 4.108 Acres, and generallylocated south east of the intersection of Lois Road East and I35 Service Road. The motion wasseconded by Councilmember Barrett. The motion carried with a 41 vote with CouncilmemberChick voting in opposition. 10.Ordinance # 020620 Amending Fee Schedule Building and Construction FeesConsider, Discuss and Possibly Act on Ordinance # 020620 Amending Appendix A “FeeSchedule” of the Code of Ordinances, Article 2.000 “Building and Construction Fees” Sec. 2.300"Single Trade Permit Fees".Director of Development Services Ramie Hammonds summarized. She noted that this is a FireDepartment Amendment and she is presenting it for them because they could not be at the meetingtonight. We recently had our Fire Marshal resign so the City is without a Fire Marshal at this timewhich really hinders review and inspection. We are looking to contract with a third party to do fireinspections, but we need, in order to do that, have some fees in place to pay for it. The only changein the whole fee schedule is number 7 which reads:7. For the 3rd party Fire review and/or inspections: Actual cost plus an administrative fee of 5% ofthe total cost of the 3rd party review and/or inspections. Councilmember Clark asked what about current applications. Ms. Hammonds noted that they haveone application on hold and have not heard back from the previous Fire Marshal regarding it, so thatis one of the reasons we need to get the third party reviewer in place. A motion was made by Mayor Pro Tem Bilyeu to approve Ordinance # 020620 amendingAppendix A “Fee Schedule” of the Code of Ordinances, Article 2.000 “Building and ConstructionFees” Sec. 2.300 "Single Trade Permit Fees". The motion was seconded by CouncilmemberDillon. The motion carried with a 40 vote, Councilmember Clark voting in opposition.11.Bureau Veritas Fire Services ContractConsider, Discuss and Act on an Amendment to the Standard Professional Services AgreementBetween Bureau Veritas North American and the City of Sanger by Adding Additional Scope ofServices and Fee Schedule; and Authorize the Mayor to Execute Said Amendment.Ramie Hammonds was recognized to give a summary. This is a companion item to the previousitem. This is an extension of our Contract with Bureau Veritas. We use them when our BuildingInspector is out on leave and is not available to do inspections. This would be adding fireInspections to that contract. This helps the city do inspections in a timely manner and helps with theshot clock requirements.A motion was made by Mayor Pro Tem Bilyeu to approve an Amendment to the StandardProfessional Services Agreement Between Bureau Veritas North American and the City of Sangerby adding additional Scope of Services and Fee Schedule; and authorize the Mayor to execute saidAmendment. The motion was seconded by Councilmember Clark. The motion carried unanimously(50 vote).12.Ordinance #020420 Ordering and Providing Notice of General Election For Mayor andTwo City Council Members Places 2 and 4; Approval of Joint Election Agreement.withDenton County.Consider, Discuss and Possibly Act on Ordinance #020420 Ordering and Providing Notice ofGeneral Election for the Purpose of Electing Mayor, City Council Member Place 2, and CityCouncil Member Place 4; Authorizing the Mayor to Sign the Ordinance; and, Providing for anEffective Date; Approving and Authorizing the Mayor and Council Members to Sign the Order ofElection for the City of Sanger's May 2, 2020 General Election; and, Approve and Authorize theMayor to Sign the Joint Election Agreement and Contract with Denton County Election Services forthe May 2, 2020 General Election.Mayor Muir read the agenda item. Mayor Pro Tem Bilyeu noted that this item is an annual item forthe Election and it is selfexplanatory and proposed a motion. A motion was made by Mayor Pro Tem Bilyeu to approve Ordinance #020420 ordering andproviding Notice of General Election for the purpose of electing Mayor, City Council Member Place
2, and City Council Member Place 4; authorizing the Mayor to sign the Ordinance; and, providing
for an effective date; approving and authorizing the Mayor and Council Members to Sign the Order
of Election for the City of Sanger's May 2, 2020 General Election; and, approve and authorize the
Mayor to Sign the Joint Election Agreement and Contract with Denton County Election Services for
the May 2, 2020 General Election. The motion was seconded by Councilmember Clark. The
motion carried unanimously (50 vote).
13.INFORMATION ITEMS:
a.All American Dogs Report 122019
All American Dogs Report for December 2019.
There was no discussion on Information Items.
14.FUTURE AGENDA ITEMS:
No proposals for future agenda items.
15.ADJOURN.
There being no further items for action or discussion on the agenda, Mayor Muir adjourned the
meeting at 9:08 p.m.
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