05/04/2020-CC-Minutes-RegularCITY OF SANGER, TEXAS
MINUTES: REGULAR CITY COUNCIL MEETING
Monday, May 4, 2020 7:00 PM
502 Elm Street, Sanger, Texas
IMPORTANT NOTICE: MEETING HELD BY TELECONFERENCE
Meetings will temporarily be held via teleconference and will not be held at Sanger City
Hall. Effective March 16, 2020 Texas Governor Abbott suspended certain Open Meeting rules
to allow telephonic or videoconference meetings of government bodies that are accessible to the
public to decrease large groups of people from assembling in order to advance the public health
goal of limiting facetoface meetings to slow the spread of the Coronavirus (COVID19). The
suspension temporarily removes the requirement that government officials and members of the
public be physically present at a meeting location. A recording of the telephone conference will
be made available to the public in accordance with the Open Meetings Act, upon written request
for up to 90 days after the official minutes of the meeting are approved. If you plan to speak or
provide public comments during the meeting please email citysecretary@sangertexas.org and
indicate which item you would like to comment on. You will need to provide the City Secretary
your name, address, and the name, and/or number you are calling into the conference with for
recognition purposes to allow you to speak during the item. In order to facilitate Public Hearings
during the meeting, each name on the speaking list will be called in the order they were received
and will be provided an opportunity to comment. You may also provide comments to the City
Secretary (citysecretary@sangertexas.org) regarding an item if you do not wish to speak, and they
will be emailed to the Mayor and Councilmembers before the meeting. Please provide your
comments or requests to comment for all items no later than one (1) hour before the meeting. The
public may dial one of the the following numbers and enter the Meeting ID and Password to join
the meeting. Tollfree numbers are available and noted on the list below:
Meeting ID: 848 2984 2715
Password: 019456
Dial by your location
+1 346 248 7799 US (Houston)
+1 669 900 9128 US (San Jose)
+1 253 215 8782 US (Tacoma)
+1 646 558 8656 US (New York)
+1 301 715 8592 US (Germantown)
+1 312 626 6799 US (Chicago)
888 475 4499 US Tollfree
877 853 5257 US Tollfree
COUNCIL MEMBERS PRESENT:
Mayor Thomas Muir; Mayor Pro Tem Gary Bilyeu; Councilmember Marissa Barrett;
Councilmember Dennis Dillon; Councilmember Allen Chick; Councilmember David Clark,
COUNCIL MEMBERS ABSENT:
None.
STAFF MEMBERS PRESENT:
Page 1
CITY OF SANGER, TEXASMINUTES: REGULAR CITY COUNCIL MEETINGMonday, May 4, 2020 7:00 PM502 Elm Street, Sanger, TexasIMPORTANT NOTICE: MEETING HELD BY TELECONFERENCEMeetings will temporarily be held via teleconference and will not be held at Sanger CityHall. Effective March 16, 2020 Texas Governor Abbott suspended certain Open Meeting rulesto allow telephonic or videoconference meetings of government bodies that are accessible to thepublic to decrease large groups of people from assembling in order to advance the public healthgoal of limiting facetoface meetings to slow the spread of the Coronavirus (COVID19). Thesuspension temporarily removes the requirement that government officials and members of thepublic be physically present at a meeting location. A recording of the telephone conference willbe made available to the public in accordance with the Open Meetings Act, upon written requestfor up to 90 days after the official minutes of the meeting are approved. If you plan to speak orprovide public comments during the meeting please email citysecretary@sangertexas.org andindicate which item you would like to comment on. You will need to provide the City Secretaryyour name, address, and the name, and/or number you are calling into the conference with forrecognition purposes to allow you to speak during the item. In order to facilitate Public Hearingsduring the meeting, each name on the speaking list will be called in the order they were receivedand will be provided an opportunity to comment. You may also provide comments to the CitySecretary (citysecretary@sangertexas.org) regarding an item if you do not wish to speak, and theywill be emailed to the Mayor and Councilmembers before the meeting. Please provide yourcomments or requests to comment for all items no later than one (1) hour before the meeting. Thepublic may dial one of the the following numbers and enter the Meeting ID and Password to jointhe meeting. Tollfree numbers are available and noted on the list below:Meeting ID: 848 2984 2715Password: 019456Dial by your location+1 346 248 7799 US (Houston)+1 669 900 9128 US (San Jose)+1 253 215 8782 US (Tacoma)+1 646 558 8656 US (New York)+1 301 715 8592 US (Germantown)+1 312 626 6799 US (Chicago)888 475 4499 US Tollfree877 853 5257 US TollfreeCOUNCIL MEMBERS PRESENT:Mayor Thomas Muir; Mayor Pro Tem Gary Bilyeu; Councilmember Marissa Barrett;Councilmember Dennis Dillon; Councilmember Allen Chick; Councilmember David Clark,COUNCIL MEMBERS ABSENT:None.
STAFF MEMBERS PRESENT:
City Manager, Alina Ciocan; City Secretary Cheryl Price; Director of Finance Clayton Gray; City
Engineer Tracy LaPiene; Director of Public Works James Berman; Director of Development
Services Ramie Hammonds; Director of Economic Development Shani Bradshaw; Director of
Human Resources and Special Projects Jeriana Staton; Librarian and Social Media Laura Klenke;
1.Call Meeting to Order, Establish a Quorum (Roll Call), Invocation.
Roll Call was called by the City Secretary. The Mayor and all five (5) Councilmembers were called
and present by teleconference constituting a quorum. There being a quorum present, the May May
4, 2020 Regular City Council Meeting held by Teleconference was called to order at 7:07 p.m by
Mayor Muir.
Mayor Muir provided the Invocation.
The Teleconference open meeting rules allowing the meeting by teleconference were summarized by
Mayor Muir.
2.CITIZEN INPUT:
Mayor Muir solicited any citizens who wished to speak, There were no citizens speaking up on the
teleconference call who wished to speak during Citizen Input..
3.EXECUTIVE SESSION:
a.Section 551.071(Texas Local Government Code) Consultation with Attorneys
City Council convened into Executive Session at 7:11 p.m.
4.RECONVENE: OPEN MEETING:
Mayor Muir advised that the Executive Session adjourned at 8:11 p.m. No action was taken during
Executive Session. The Council will address action on the item during the regular agenda.
A short break was taken; the Regular City Council Meeting reconvened at 8:17 p.m.
5.CONSENT AGENDA:
a.Approval of Minutes
1.City Council Emergency Meeting Minutes 04142020
Approve Minutes for the Emergency City Council Meeting of April 14, 2020.
2.City Council Regular Meeting Minutes 04202020
Approve City Council Regular Meeting Minutes for April 20, 2020 Meeting.
A motion was made by Mayor Pro Tem Bilyeu to approve the Consent Agenda as presented. The
motion was seconded by Councilmember Dillon. The vote was called by the City Secretary and the
following Yea/Nay votes were recorded:
Page 2
CITY OF SANGER, TEXASMINUTES: REGULAR CITY COUNCIL MEETINGMonday, May 4, 2020 7:00 PM502 Elm Street, Sanger, TexasIMPORTANT NOTICE: MEETING HELD BY TELECONFERENCEMeetings will temporarily be held via teleconference and will not be held at Sanger CityHall. Effective March 16, 2020 Texas Governor Abbott suspended certain Open Meeting rulesto allow telephonic or videoconference meetings of government bodies that are accessible to thepublic to decrease large groups of people from assembling in order to advance the public healthgoal of limiting facetoface meetings to slow the spread of the Coronavirus (COVID19). Thesuspension temporarily removes the requirement that government officials and members of thepublic be physically present at a meeting location. A recording of the telephone conference willbe made available to the public in accordance with the Open Meetings Act, upon written requestfor up to 90 days after the official minutes of the meeting are approved. If you plan to speak orprovide public comments during the meeting please email citysecretary@sangertexas.org andindicate which item you would like to comment on. You will need to provide the City Secretaryyour name, address, and the name, and/or number you are calling into the conference with forrecognition purposes to allow you to speak during the item. In order to facilitate Public Hearingsduring the meeting, each name on the speaking list will be called in the order they were receivedand will be provided an opportunity to comment. You may also provide comments to the CitySecretary (citysecretary@sangertexas.org) regarding an item if you do not wish to speak, and theywill be emailed to the Mayor and Councilmembers before the meeting. Please provide yourcomments or requests to comment for all items no later than one (1) hour before the meeting. Thepublic may dial one of the the following numbers and enter the Meeting ID and Password to jointhe meeting. Tollfree numbers are available and noted on the list below:Meeting ID: 848 2984 2715Password: 019456Dial by your location+1 346 248 7799 US (Houston)+1 669 900 9128 US (San Jose)+1 253 215 8782 US (Tacoma)+1 646 558 8656 US (New York)+1 301 715 8592 US (Germantown)+1 312 626 6799 US (Chicago)888 475 4499 US Tollfree877 853 5257 US TollfreeCOUNCIL MEMBERS PRESENT:Mayor Thomas Muir; Mayor Pro Tem Gary Bilyeu; Councilmember Marissa Barrett;Councilmember Dennis Dillon; Councilmember Allen Chick; Councilmember David Clark,COUNCIL MEMBERS ABSENT:None.STAFF MEMBERS PRESENT:City Manager, Alina Ciocan; City Secretary Cheryl Price; Director of Finance Clayton Gray; CityEngineer Tracy LaPiene; Director of Public Works James Berman; Director of DevelopmentServices Ramie Hammonds; Director of Economic Development Shani Bradshaw; Director ofHuman Resources and Special Projects Jeriana Staton; Librarian and Social Media Laura Klenke; 1.Call Meeting to Order, Establish a Quorum (Roll Call), Invocation.Roll Call was called by the City Secretary. The Mayor and all five (5) Councilmembers were calledand present by teleconference constituting a quorum. There being a quorum present, the May May4, 2020 Regular City Council Meeting held by Teleconference was called to order at 7:07 p.m byMayor Muir. Mayor Muir provided the Invocation.The Teleconference open meeting rules allowing the meeting by teleconference were summarized byMayor Muir.2.CITIZEN INPUT:Mayor Muir solicited any citizens who wished to speak, There were no citizens speaking up on theteleconference call who wished to speak during Citizen Input.. 3.EXECUTIVE SESSION:a.Section 551.071(Texas Local Government Code) Consultation with AttorneysCity Council convened into Executive Session at 7:11 p.m.4.RECONVENE: OPEN MEETING:Mayor Muir advised that the Executive Session adjourned at 8:11 p.m. No action was taken duringExecutive Session. The Council will address action on the item during the regular agenda.A short break was taken; the Regular City Council Meeting reconvened at 8:17 p.m.5.CONSENT AGENDA:a.Approval of Minutes1.City Council Emergency Meeting Minutes 04142020Approve Minutes for the Emergency City Council Meeting of April 14, 2020.2.City Council Regular Meeting Minutes 04202020Approve City Council Regular Meeting Minutes for April 20, 2020 Meeting.A motion was made by Mayor Pro Tem Bilyeu to approve the Consent Agenda as presented. Themotion was seconded by Councilmember Dillon. The vote was called by the City Secretary and the
following Yea/Nay votes were recorded:
Mayor Pro Tem Bilyeu voted Yea
Councilmember Barrett voted Yea
Councilmember Dillon voted Yea
Councilmember Clark voted Yea
Councilmember Chick voted Yea
The motion to approve carried unanimously (50 vote).
6.Consider Any Items Removed from Consent Agenda.
No items were removed from the Consent Agenda.
REGULAR AGENDA
7.Easement Acquisition: Wastewater Infrastructure
Consider, Discuss and Possibly Act on Easement Acquisition for Wastewater Infrastructure.
A motion was made by Mayor Pro Tem Bilyeu to direct the Attorney to proceed as discussed. The
motion was seconded by Councilmember Barrett. The vote was called by the City Secretary and
the following Yea/Nay votes were recorded:
Mayor Pro Tem Bilyeu voted Yea
Councilmember Barrett voted Yea
Councilmember Dillon voted Yea
Councilmember Clark voted Yea
Councilmember Chick voted Yea
The motion to approve carried unanimously (50 vote).
8.Sure Steel Preliminary Plat
Consider Discuss and Act on the Preliminary Plat of the Sure Steel Addition Being 4.166 Acres, in
the City of Sanger, and Generally Located Approximately 420 feet East of the Railroad on FM 455.
Director of Development Services Ramie Hammonds summarized. The applicant is proposing to
create one (1) industrial lot from one (1) unplatted tract of a 4.166 acre site zoned I2 (Industrial
District2). The proposed project is for a 14,526 square foot industrial building that will consist of
office and warehouse space. Office and warehouse uses are permitted in the I2 zoning district. The
property will be served by the City of Sanger water, wastewater and electric. The Planning and
Zoning Commission approved the preliminary plat with a 60 vote on April 13, 2020. Staff has
found the preliminary plat to be substantially in compliance with the Subdivision Regulations, and
recommends approval with a variance because of the configuration of the lot. There was brief
discussion regarding the lot configuration and the buffer being provided. It was noted that all public
access easements, private roads and common areas are to be maintained by the property owner.
A motion was made by Mayor Pro Tem Bilyeu to approve the Preliminary Plat of the Sure Steel
Addition being 4.166 Acres in the City of Sanger and Generally located approximately 420 feet east
of the railroad on FM 455 with the following variance:
1. Section 10.105.04C of the Subdivision Ordinance stating "Lot Shape: Lots should be
rectangular where practicable. Sharp angles between lot lines should be avoided. The ratio
Page 3
CITY OF SANGER, TEXASMINUTES: REGULAR CITY COUNCIL MEETINGMonday, May 4, 2020 7:00 PM502 Elm Street, Sanger, TexasIMPORTANT NOTICE: MEETING HELD BY TELECONFERENCEMeetings will temporarily be held via teleconference and will not be held at Sanger CityHall. Effective March 16, 2020 Texas Governor Abbott suspended certain Open Meeting rulesto allow telephonic or videoconference meetings of government bodies that are accessible to thepublic to decrease large groups of people from assembling in order to advance the public healthgoal of limiting facetoface meetings to slow the spread of the Coronavirus (COVID19). Thesuspension temporarily removes the requirement that government officials and members of thepublic be physically present at a meeting location. A recording of the telephone conference willbe made available to the public in accordance with the Open Meetings Act, upon written requestfor up to 90 days after the official minutes of the meeting are approved. If you plan to speak orprovide public comments during the meeting please email citysecretary@sangertexas.org andindicate which item you would like to comment on. You will need to provide the City Secretaryyour name, address, and the name, and/or number you are calling into the conference with forrecognition purposes to allow you to speak during the item. In order to facilitate Public Hearingsduring the meeting, each name on the speaking list will be called in the order they were receivedand will be provided an opportunity to comment. You may also provide comments to the CitySecretary (citysecretary@sangertexas.org) regarding an item if you do not wish to speak, and theywill be emailed to the Mayor and Councilmembers before the meeting. Please provide yourcomments or requests to comment for all items no later than one (1) hour before the meeting. Thepublic may dial one of the the following numbers and enter the Meeting ID and Password to jointhe meeting. Tollfree numbers are available and noted on the list below:Meeting ID: 848 2984 2715Password: 019456Dial by your location+1 346 248 7799 US (Houston)+1 669 900 9128 US (San Jose)+1 253 215 8782 US (Tacoma)+1 646 558 8656 US (New York)+1 301 715 8592 US (Germantown)+1 312 626 6799 US (Chicago)888 475 4499 US Tollfree877 853 5257 US TollfreeCOUNCIL MEMBERS PRESENT:Mayor Thomas Muir; Mayor Pro Tem Gary Bilyeu; Councilmember Marissa Barrett;Councilmember Dennis Dillon; Councilmember Allen Chick; Councilmember David Clark,COUNCIL MEMBERS ABSENT:None.STAFF MEMBERS PRESENT:City Manager, Alina Ciocan; City Secretary Cheryl Price; Director of Finance Clayton Gray; CityEngineer Tracy LaPiene; Director of Public Works James Berman; Director of DevelopmentServices Ramie Hammonds; Director of Economic Development Shani Bradshaw; Director ofHuman Resources and Special Projects Jeriana Staton; Librarian and Social Media Laura Klenke; 1.Call Meeting to Order, Establish a Quorum (Roll Call), Invocation.Roll Call was called by the City Secretary. The Mayor and all five (5) Councilmembers were calledand present by teleconference constituting a quorum. There being a quorum present, the May May4, 2020 Regular City Council Meeting held by Teleconference was called to order at 7:07 p.m byMayor Muir. Mayor Muir provided the Invocation.The Teleconference open meeting rules allowing the meeting by teleconference were summarized byMayor Muir.2.CITIZEN INPUT:Mayor Muir solicited any citizens who wished to speak, There were no citizens speaking up on theteleconference call who wished to speak during Citizen Input.. 3.EXECUTIVE SESSION:a.Section 551.071(Texas Local Government Code) Consultation with AttorneysCity Council convened into Executive Session at 7:11 p.m.4.RECONVENE: OPEN MEETING:Mayor Muir advised that the Executive Session adjourned at 8:11 p.m. No action was taken duringExecutive Session. The Council will address action on the item during the regular agenda.A short break was taken; the Regular City Council Meeting reconvened at 8:17 p.m.5.CONSENT AGENDA:a.Approval of Minutes1.City Council Emergency Meeting Minutes 04142020Approve Minutes for the Emergency City Council Meeting of April 14, 2020.2.City Council Regular Meeting Minutes 04202020Approve City Council Regular Meeting Minutes for April 20, 2020 Meeting.A motion was made by Mayor Pro Tem Bilyeu to approve the Consent Agenda as presented. Themotion was seconded by Councilmember Dillon. The vote was called by the City Secretary and thefollowing Yea/Nay votes were recorded: Mayor Pro Tem Bilyeu voted YeaCouncilmember Barrett voted YeaCouncilmember Dillon voted YeaCouncilmember Clark voted YeaCouncilmember Chick voted YeaThe motion to approve carried unanimously (50 vote).6.Consider Any Items Removed from Consent Agenda.No items were removed from the Consent Agenda.REGULAR AGENDA7.Easement Acquisition: Wastewater InfrastructureConsider, Discuss and Possibly Act on Easement Acquisition for Wastewater Infrastructure.A motion was made by Mayor Pro Tem Bilyeu to direct the Attorney to proceed as discussed. Themotion was seconded by Councilmember Barrett. The vote was called by the City Secretary andthe following Yea/Nay votes were recorded: Mayor Pro Tem Bilyeu voted YeaCouncilmember Barrett voted YeaCouncilmember Dillon voted YeaCouncilmember Clark voted YeaCouncilmember Chick voted YeaThe motion to approve carried unanimously (50 vote). 8.Sure Steel Preliminary PlatConsider Discuss and Act on the Preliminary Plat of the Sure Steel Addition Being 4.166 Acres, inthe City of Sanger, and Generally Located Approximately 420 feet East of the Railroad on FM 455.Director of Development Services Ramie Hammonds summarized. The applicant is proposing tocreate one (1) industrial lot from one (1) unplatted tract of a 4.166 acre site zoned I2 (IndustrialDistrict2). The proposed project is for a 14,526 square foot industrial building that will consist ofoffice and warehouse space. Office and warehouse uses are permitted in the I2 zoning district. Theproperty will be served by the City of Sanger water, wastewater and electric. The Planning andZoning Commission approved the preliminary plat with a 60 vote on April 13, 2020. Staff hasfound the preliminary plat to be substantially in compliance with the Subdivision Regulations, andrecommends approval with a variance because of the configuration of the lot. There was briefdiscussion regarding the lot configuration and the buffer being provided. It was noted that all publicaccess easements, private roads and common areas are to be maintained by the property owner.A motion was made by Mayor Pro Tem Bilyeu to approve the Preliminary Plat of the Sure SteelAddition being 4.166 Acres in the City of Sanger and Generally located approximately 420 feet eastof the railroad on FM 455 with the following variance:
1. Section 10.105.04C 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 be ordinarily exceed two and onehalf (2,5,:1),"
The motion was seconded by Councilmember Clark. The vote was called by the City Secretary
and the following Yea/Nay votes were recorded:
Mayor Pro Tem Bilyeu voted Yea
Councilmember Barrett voted Yea
Councilmember Dillon voted Yea
Councilmember Clark voted Yea
Councilmember Chick voted Yea
The motion to approve carried unanimously (50 vote).
9.Sable Creek Phase IV Final Plat
Consider, Discuss, and Act on a Final Plat of Sable Creek Addition Phase IV, Being 12.697 Acres,
Generally Located East of Railroad Line, South of FM 455 and North of East Willow Street.
Director of Development Services Ramie Hammonds summarized. The applicant is proposing to
develop 50 residential lots in Phase IV of Sable Creek Addition. The property is located in SF 7
zoning district and meets all of the SF7 requirements. The property will be served by the City of
Sanger water and wastewater and CoServ Electric. The Planning and Zoning Commission
approved the final plat with a 60 vote on April 13, 2020. This is a companion case on the agenda:
Phase V of the Sable Creek Addition. There are no variances on this plat. There was lengthy
discussion regarding access points into the park area and it was consensus of the Council that they
would like to see access points intothe subdivision into the open space area.
Mr. Shafer Harris with Allison Engineering group was recognized and noted that this was just
discussed today and that the plat has potential to add access points at Mockingbird and Creekside
at the bottom of the culdesac and between Lot 20 and 21 where there is a 15 foot easement for
an underground pipe. Also generally discussed was Lot 46X and Lot 7X. He noted it would be up
to the developer, but that they could make some adjustments and come up with some access the
park area. Ms. Hammonds noted the concern regarding some of the access points and it being
necessary for steps and requirements for ADA access. Mayor Muir noted that he and Council
appreciated them working with staff on the access. Mayor Pro Tem Bilyeu asked if since this is a
final plat, could these adjustments be made. Ms. Hammonds noted they could be added to the final
plat. It was also noted that all of the common areas, drainage easements and detention facilities will
be maintained by the HOA.
A motion was made by Mayor Pro Tem Bilyeu to approve Sable Creek Phase IV final plat being
12.697 acres, generally located east of railroad line, south of FM 455 and north of East Willow
Street contingent on adding as many accesses as possible (2 to 3 access points) to the adjacent park
land. The motion was seconded by Councilmember Barrett. The vote was called by the City
Secretary and the following Yea/Nay votes were recorded:
Mayor Pro Tem Bilyeu voted Yea
Councilmember Barrett voted Yea
Councilmember Dillon voted Yea
Councilmember Clark voted Yea
Councilmember Chick voted Yea
Page 4
CITY OF SANGER, TEXASMINUTES: REGULAR CITY COUNCIL MEETINGMonday, May 4, 2020 7:00 PM502 Elm Street, Sanger, TexasIMPORTANT NOTICE: MEETING HELD BY TELECONFERENCEMeetings will temporarily be held via teleconference and will not be held at Sanger CityHall. Effective March 16, 2020 Texas Governor Abbott suspended certain Open Meeting rulesto allow telephonic or videoconference meetings of government bodies that are accessible to thepublic to decrease large groups of people from assembling in order to advance the public healthgoal of limiting facetoface meetings to slow the spread of the Coronavirus (COVID19). Thesuspension temporarily removes the requirement that government officials and members of thepublic be physically present at a meeting location. A recording of the telephone conference willbe made available to the public in accordance with the Open Meetings Act, upon written requestfor up to 90 days after the official minutes of the meeting are approved. If you plan to speak orprovide public comments during the meeting please email citysecretary@sangertexas.org andindicate which item you would like to comment on. You will need to provide the City Secretaryyour name, address, and the name, and/or number you are calling into the conference with forrecognition purposes to allow you to speak during the item. In order to facilitate Public Hearingsduring the meeting, each name on the speaking list will be called in the order they were receivedand will be provided an opportunity to comment. You may also provide comments to the CitySecretary (citysecretary@sangertexas.org) regarding an item if you do not wish to speak, and theywill be emailed to the Mayor and Councilmembers before the meeting. Please provide yourcomments or requests to comment for all items no later than one (1) hour before the meeting. Thepublic may dial one of the the following numbers and enter the Meeting ID and Password to jointhe meeting. Tollfree numbers are available and noted on the list below:Meeting ID: 848 2984 2715Password: 019456Dial by your location+1 346 248 7799 US (Houston)+1 669 900 9128 US (San Jose)+1 253 215 8782 US (Tacoma)+1 646 558 8656 US (New York)+1 301 715 8592 US (Germantown)+1 312 626 6799 US (Chicago)888 475 4499 US Tollfree877 853 5257 US TollfreeCOUNCIL MEMBERS PRESENT:Mayor Thomas Muir; Mayor Pro Tem Gary Bilyeu; Councilmember Marissa Barrett;Councilmember Dennis Dillon; Councilmember Allen Chick; Councilmember David Clark,COUNCIL MEMBERS ABSENT:None.STAFF MEMBERS PRESENT:City Manager, Alina Ciocan; City Secretary Cheryl Price; Director of Finance Clayton Gray; CityEngineer Tracy LaPiene; Director of Public Works James Berman; Director of DevelopmentServices Ramie Hammonds; Director of Economic Development Shani Bradshaw; Director ofHuman Resources and Special Projects Jeriana Staton; Librarian and Social Media Laura Klenke; 1.Call Meeting to Order, Establish a Quorum (Roll Call), Invocation.Roll Call was called by the City Secretary. The Mayor and all five (5) Councilmembers were calledand present by teleconference constituting a quorum. There being a quorum present, the May May4, 2020 Regular City Council Meeting held by Teleconference was called to order at 7:07 p.m byMayor Muir. Mayor Muir provided the Invocation.The Teleconference open meeting rules allowing the meeting by teleconference were summarized byMayor Muir.2.CITIZEN INPUT:Mayor Muir solicited any citizens who wished to speak, There were no citizens speaking up on theteleconference call who wished to speak during Citizen Input.. 3.EXECUTIVE SESSION:a.Section 551.071(Texas Local Government Code) Consultation with AttorneysCity Council convened into Executive Session at 7:11 p.m.4.RECONVENE: OPEN MEETING:Mayor Muir advised that the Executive Session adjourned at 8:11 p.m. No action was taken duringExecutive Session. The Council will address action on the item during the regular agenda.A short break was taken; the Regular City Council Meeting reconvened at 8:17 p.m.5.CONSENT AGENDA:a.Approval of Minutes1.City Council Emergency Meeting Minutes 04142020Approve Minutes for the Emergency City Council Meeting of April 14, 2020.2.City Council Regular Meeting Minutes 04202020Approve City Council Regular Meeting Minutes for April 20, 2020 Meeting.A motion was made by Mayor Pro Tem Bilyeu to approve the Consent Agenda as presented. Themotion was seconded by Councilmember Dillon. The vote was called by the City Secretary and thefollowing Yea/Nay votes were recorded: Mayor Pro Tem Bilyeu voted YeaCouncilmember Barrett voted YeaCouncilmember Dillon voted YeaCouncilmember Clark voted YeaCouncilmember Chick voted YeaThe motion to approve carried unanimously (50 vote).6.Consider Any Items Removed from Consent Agenda.No items were removed from the Consent Agenda.REGULAR AGENDA7.Easement Acquisition: Wastewater InfrastructureConsider, Discuss and Possibly Act on Easement Acquisition for Wastewater Infrastructure.A motion was made by Mayor Pro Tem Bilyeu to direct the Attorney to proceed as discussed. Themotion was seconded by Councilmember Barrett. The vote was called by the City Secretary andthe following Yea/Nay votes were recorded: Mayor Pro Tem Bilyeu voted YeaCouncilmember Barrett voted YeaCouncilmember Dillon voted YeaCouncilmember Clark voted YeaCouncilmember Chick voted YeaThe motion to approve carried unanimously (50 vote). 8.Sure Steel Preliminary PlatConsider Discuss and Act on the Preliminary Plat of the Sure Steel Addition Being 4.166 Acres, inthe City of Sanger, and Generally Located Approximately 420 feet East of the Railroad on FM 455.Director of Development Services Ramie Hammonds summarized. The applicant is proposing tocreate one (1) industrial lot from one (1) unplatted tract of a 4.166 acre site zoned I2 (IndustrialDistrict2). The proposed project is for a 14,526 square foot industrial building that will consist ofoffice and warehouse space. Office and warehouse uses are permitted in the I2 zoning district. Theproperty will be served by the City of Sanger water, wastewater and electric. The Planning andZoning Commission approved the preliminary plat with a 60 vote on April 13, 2020. Staff hasfound the preliminary plat to be substantially in compliance with the Subdivision Regulations, andrecommends approval with a variance because of the configuration of the lot. There was briefdiscussion regarding the lot configuration and the buffer being provided. It was noted that all publicaccess easements, private roads and common areas are to be maintained by the property owner.A motion was made by Mayor Pro Tem Bilyeu to approve the Preliminary Plat of the Sure SteelAddition being 4.166 Acres in the City of Sanger and Generally located approximately 420 feet eastof the railroad on FM 455 with the following variance:1. Section 10.105.04C 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 be ordinarily exceed two and onehalf (2,5,:1),"The motion was seconded by Councilmember Clark. The vote was called by the City Secretaryand the following Yea/Nay votes were recorded: Mayor Pro Tem Bilyeu voted YeaCouncilmember Barrett voted YeaCouncilmember Dillon voted YeaCouncilmember Clark voted YeaCouncilmember Chick voted YeaThe motion to approve carried unanimously (50 vote). 9.Sable Creek Phase IV Final PlatConsider, Discuss, and Act on a Final Plat of Sable Creek Addition Phase IV, Being 12.697 Acres,Generally Located East of Railroad Line, South of FM 455 and North of East Willow Street.Director of Development Services Ramie Hammonds summarized. The applicant is proposing todevelop 50 residential lots in Phase IV of Sable Creek Addition. The property is located in SF 7zoning district and meets all of the SF7 requirements. The property will be served by the City ofSanger water and wastewater and CoServ Electric. The Planning and Zoning Commissionapproved the final plat with a 60 vote on April 13, 2020. This is a companion case on the agenda:Phase V of the Sable Creek Addition. There are no variances on this plat. There was lengthydiscussion regarding access points into the park area and it was consensus of the Council that theywould like to see access points intothe subdivision into the open space area. Mr. Shafer Harris with Allison Engineering group was recognized and noted that this was justdiscussed today and that the plat has potential to add access points at Mockingbird and Creeksideat the bottom of the culdesac and between Lot 20 and 21 where there is a 15 foot easement foran underground pipe. Also generally discussed was Lot 46X and Lot 7X. He noted it would be upto the developer, but that they could make some adjustments and come up with some access thepark area. Ms. Hammonds noted the concern regarding some of the access points and it beingnecessary for steps and requirements for ADA access. Mayor Muir noted that he and Councilappreciated them working with staff on the access. Mayor Pro Tem Bilyeu asked if since this is afinal plat, could these adjustments be made. Ms. Hammonds noted they could be added to the finalplat. It was also noted that all of the common areas, drainage easements and detention facilities willbe maintained by the HOA.A motion was made by Mayor Pro Tem Bilyeu to approve Sable Creek Phase IV final plat being12.697 acres, generally located east of railroad line, south of FM 455 and north of East WillowStreet contingent on adding as many accesses as possible (2 to 3 access points) to the adjacent parkland. The motion was seconded by Councilmember Barrett. The vote was called by the CitySecretary and the following Yea/Nay votes were recorded: Mayor Pro Tem Bilyeu voted YeaCouncilmember Barrett voted YeaCouncilmember Dillon voted YeaCouncilmember Clark voted Yea
Councilmember Chick voted Yea
The motion to approve carried unanimously (50 vote).
10.Sable Creek Phase V Final Plat
Consider, Discuss, and Act on a Final Plat of Sable Creek Addition Phase V, Being 17.886 Acres,
Generally Located East of Railroad Line, South of FM 455 and North of East Willow Street.
Director of Development Services Ramie Hammonds summarized. This is the companion item to
the previous Agenda Item, Phase IV of Sable Creek. The applicant is proposing to develop 26
residential lots and two open space lots in Phase V of Sable Creek Addition consisting of 17.886
acres. The property is located in SF7 zoning district and meets all of the SF7 district
requirements. The property will be served by the City of Sanger water, wastewater and Sanger
Electric. The Planning and Zoning Commission approved the Final Plat with a 60 vote on April 13,
2020. There are no variances on this plat.There was discussion regarding the buffer requirements
and it was noted there was fencing and landscape buffering. It was also noted that all of the
common areas, drainage easements and detention facilities, including Block K, will be maintained by
the HOA.
A motion was made by Councilmember Barrett to approve Sable Creek Phase V, being 17.886
Acres generally located east of railroad line, south of FM 455 and north of East Willow Street. The
motion was seconded by Councilmember Dillon. The vote was called by the City Secretary and
the following Yea/Nay votes were recorded:
Mayor Pro Tem Bilyeu voted Yea
Councilmember Barrett voted Yea
Councilmember Dillon voted Yea
Councilmember Clark voted Yea
Councilmember Chick voted Yea
The motion to approve carried unanimously (50 vote).
11.FM 455 Utility Relocation Dannenbaum PSA Amendment 1
Consider, Discuss and Possibly Act on Approving and Authorizing the Mayor to Execute
Amendment 1 to the Engineering Contract with Dannenbaum Engineering Company, Dallas, LLC for
FM 455 Water and Wastewater Utilities Relocations.
City Engineer Tracy LaPiene summarized. He noted that Dannenbaum Engineering could not be
available for tonight's teleconference meeting because of technical difficulties. He provided
background, noting on December 3, 2018 the City executed a contract with Dannenbaum
Engineering Company for Engineering services associated with the FM 455 Water and Wastewater
Utility Relocation necessary due to the TxDOT FM 455 project. The original contract project
description consisted of approximately 12,000 LF of new water and sewer pipeline, pipeline
replacements or relocations at numerous locations along FM 455 where utility conflicts with the
proposed TxDOT improvements. Since then, numerous additional "required" utility relocations were
discovered necessary to facilitate the FM 455 design and construction. In addition, several
"betterment" water pipelines may be needed to provide for improved operational efficiency and
resilience, to foster proposed new development within the city limits, and comply with the City's
Water Master Plan documents. The proposed Water Betterment improvements will be designed
and bid as alternate bids, with the City's discretion for accepting the additive alternatives if deemed
acceptable and desirable by the City. Addendum 1 to this agreement provides for additional scope
Page 5
CITY OF SANGER, TEXASMINUTES: REGULAR CITY COUNCIL MEETINGMonday, May 4, 2020 7:00 PM502 Elm Street, Sanger, TexasIMPORTANT NOTICE: MEETING HELD BY TELECONFERENCEMeetings will temporarily be held via teleconference and will not be held at Sanger CityHall. Effective March 16, 2020 Texas Governor Abbott suspended certain Open Meeting rulesto allow telephonic or videoconference meetings of government bodies that are accessible to thepublic to decrease large groups of people from assembling in order to advance the public healthgoal of limiting facetoface meetings to slow the spread of the Coronavirus (COVID19). Thesuspension temporarily removes the requirement that government officials and members of thepublic be physically present at a meeting location. A recording of the telephone conference willbe made available to the public in accordance with the Open Meetings Act, upon written requestfor up to 90 days after the official minutes of the meeting are approved. If you plan to speak orprovide public comments during the meeting please email citysecretary@sangertexas.org andindicate which item you would like to comment on. You will need to provide the City Secretaryyour name, address, and the name, and/or number you are calling into the conference with forrecognition purposes to allow you to speak during the item. In order to facilitate Public Hearingsduring the meeting, each name on the speaking list will be called in the order they were receivedand will be provided an opportunity to comment. You may also provide comments to the CitySecretary (citysecretary@sangertexas.org) regarding an item if you do not wish to speak, and theywill be emailed to the Mayor and Councilmembers before the meeting. Please provide yourcomments or requests to comment for all items no later than one (1) hour before the meeting. Thepublic may dial one of the the following numbers and enter the Meeting ID and Password to jointhe meeting. Tollfree numbers are available and noted on the list below:Meeting ID: 848 2984 2715Password: 019456Dial by your location+1 346 248 7799 US (Houston)+1 669 900 9128 US (San Jose)+1 253 215 8782 US (Tacoma)+1 646 558 8656 US (New York)+1 301 715 8592 US (Germantown)+1 312 626 6799 US (Chicago)888 475 4499 US Tollfree877 853 5257 US TollfreeCOUNCIL MEMBERS PRESENT:Mayor Thomas Muir; Mayor Pro Tem Gary Bilyeu; Councilmember Marissa Barrett;Councilmember Dennis Dillon; Councilmember Allen Chick; Councilmember David Clark,COUNCIL MEMBERS ABSENT:None.STAFF MEMBERS PRESENT:City Manager, Alina Ciocan; City Secretary Cheryl Price; Director of Finance Clayton Gray; CityEngineer Tracy LaPiene; Director of Public Works James Berman; Director of DevelopmentServices Ramie Hammonds; Director of Economic Development Shani Bradshaw; Director ofHuman Resources and Special Projects Jeriana Staton; Librarian and Social Media Laura Klenke; 1.Call Meeting to Order, Establish a Quorum (Roll Call), Invocation.Roll Call was called by the City Secretary. The Mayor and all five (5) Councilmembers were calledand present by teleconference constituting a quorum. There being a quorum present, the May May4, 2020 Regular City Council Meeting held by Teleconference was called to order at 7:07 p.m byMayor Muir. Mayor Muir provided the Invocation.The Teleconference open meeting rules allowing the meeting by teleconference were summarized byMayor Muir.2.CITIZEN INPUT:Mayor Muir solicited any citizens who wished to speak, There were no citizens speaking up on theteleconference call who wished to speak during Citizen Input.. 3.EXECUTIVE SESSION:a.Section 551.071(Texas Local Government Code) Consultation with AttorneysCity Council convened into Executive Session at 7:11 p.m.4.RECONVENE: OPEN MEETING:Mayor Muir advised that the Executive Session adjourned at 8:11 p.m. No action was taken duringExecutive Session. The Council will address action on the item during the regular agenda.A short break was taken; the Regular City Council Meeting reconvened at 8:17 p.m.5.CONSENT AGENDA:a.Approval of Minutes1.City Council Emergency Meeting Minutes 04142020Approve Minutes for the Emergency City Council Meeting of April 14, 2020.2.City Council Regular Meeting Minutes 04202020Approve City Council Regular Meeting Minutes for April 20, 2020 Meeting.A motion was made by Mayor Pro Tem Bilyeu to approve the Consent Agenda as presented. Themotion was seconded by Councilmember Dillon. The vote was called by the City Secretary and thefollowing Yea/Nay votes were recorded: Mayor Pro Tem Bilyeu voted YeaCouncilmember Barrett voted YeaCouncilmember Dillon voted YeaCouncilmember Clark voted YeaCouncilmember Chick voted YeaThe motion to approve carried unanimously (50 vote).6.Consider Any Items Removed from Consent Agenda.No items were removed from the Consent Agenda.REGULAR AGENDA7.Easement Acquisition: Wastewater InfrastructureConsider, Discuss and Possibly Act on Easement Acquisition for Wastewater Infrastructure.A motion was made by Mayor Pro Tem Bilyeu to direct the Attorney to proceed as discussed. Themotion was seconded by Councilmember Barrett. The vote was called by the City Secretary andthe following Yea/Nay votes were recorded: Mayor Pro Tem Bilyeu voted YeaCouncilmember Barrett voted YeaCouncilmember Dillon voted YeaCouncilmember Clark voted YeaCouncilmember Chick voted YeaThe motion to approve carried unanimously (50 vote). 8.Sure Steel Preliminary PlatConsider Discuss and Act on the Preliminary Plat of the Sure Steel Addition Being 4.166 Acres, inthe City of Sanger, and Generally Located Approximately 420 feet East of the Railroad on FM 455.Director of Development Services Ramie Hammonds summarized. The applicant is proposing tocreate one (1) industrial lot from one (1) unplatted tract of a 4.166 acre site zoned I2 (IndustrialDistrict2). The proposed project is for a 14,526 square foot industrial building that will consist ofoffice and warehouse space. Office and warehouse uses are permitted in the I2 zoning district. Theproperty will be served by the City of Sanger water, wastewater and electric. The Planning andZoning Commission approved the preliminary plat with a 60 vote on April 13, 2020. Staff hasfound the preliminary plat to be substantially in compliance with the Subdivision Regulations, andrecommends approval with a variance because of the configuration of the lot. There was briefdiscussion regarding the lot configuration and the buffer being provided. It was noted that all publicaccess easements, private roads and common areas are to be maintained by the property owner.A motion was made by Mayor Pro Tem Bilyeu to approve the Preliminary Plat of the Sure SteelAddition being 4.166 Acres in the City of Sanger and Generally located approximately 420 feet eastof the railroad on FM 455 with the following variance:1. Section 10.105.04C 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 be ordinarily exceed two and onehalf (2,5,:1),"The motion was seconded by Councilmember Clark. The vote was called by the City Secretaryand the following Yea/Nay votes were recorded: Mayor Pro Tem Bilyeu voted YeaCouncilmember Barrett voted YeaCouncilmember Dillon voted YeaCouncilmember Clark voted YeaCouncilmember Chick voted YeaThe motion to approve carried unanimously (50 vote). 9.Sable Creek Phase IV Final PlatConsider, Discuss, and Act on a Final Plat of Sable Creek Addition Phase IV, Being 12.697 Acres,Generally Located East of Railroad Line, South of FM 455 and North of East Willow Street.Director of Development Services Ramie Hammonds summarized. The applicant is proposing todevelop 50 residential lots in Phase IV of Sable Creek Addition. The property is located in SF 7zoning district and meets all of the SF7 requirements. The property will be served by the City ofSanger water and wastewater and CoServ Electric. The Planning and Zoning Commissionapproved the final plat with a 60 vote on April 13, 2020. This is a companion case on the agenda:Phase V of the Sable Creek Addition. There are no variances on this plat. There was lengthydiscussion regarding access points into the park area and it was consensus of the Council that theywould like to see access points intothe subdivision into the open space area. Mr. Shafer Harris with Allison Engineering group was recognized and noted that this was justdiscussed today and that the plat has potential to add access points at Mockingbird and Creeksideat the bottom of the culdesac and between Lot 20 and 21 where there is a 15 foot easement foran underground pipe. Also generally discussed was Lot 46X and Lot 7X. He noted it would be upto the developer, but that they could make some adjustments and come up with some access thepark area. Ms. Hammonds noted the concern regarding some of the access points and it beingnecessary for steps and requirements for ADA access. Mayor Muir noted that he and Councilappreciated them working with staff on the access. Mayor Pro Tem Bilyeu asked if since this is afinal plat, could these adjustments be made. Ms. Hammonds noted they could be added to the finalplat. It was also noted that all of the common areas, drainage easements and detention facilities willbe maintained by the HOA.A motion was made by Mayor Pro Tem Bilyeu to approve Sable Creek Phase IV final plat being12.697 acres, generally located east of railroad line, south of FM 455 and north of East WillowStreet contingent on adding as many accesses as possible (2 to 3 access points) to the adjacent parkland. The motion was seconded by Councilmember Barrett. The vote was called by the CitySecretary and the following Yea/Nay votes were recorded: Mayor Pro Tem Bilyeu voted YeaCouncilmember Barrett voted YeaCouncilmember Dillon voted YeaCouncilmember Clark voted YeaCouncilmember Chick voted YeaThe motion to approve carried unanimously (50 vote). 10.Sable Creek Phase V Final PlatConsider, Discuss, and Act on a Final Plat of Sable Creek Addition Phase V, Being 17.886 Acres,Generally Located East of Railroad Line, South of FM 455 and North of East Willow Street.Director of Development Services Ramie Hammonds summarized. This is the companion item tothe previous Agenda Item, Phase IV of Sable Creek. The applicant is proposing to develop 26residential lots and two open space lots in Phase V of Sable Creek Addition consisting of 17.886acres. The property is located in SF7 zoning district and meets all of the SF7 districtrequirements. The property will be served by the City of Sanger water, wastewater and SangerElectric. The Planning and Zoning Commission approved the Final Plat with a 60 vote on April 13,2020. There are no variances on this plat.There was discussion regarding the buffer requirementsand it was noted there was fencing and landscape buffering. It was also noted that all of thecommon areas, drainage easements and detention facilities, including Block K, will be maintained bythe HOA.A motion was made by Councilmember Barrett to approve Sable Creek Phase V, being 17.886Acres generally located east of railroad line, south of FM 455 and north of East Willow Street. Themotion was seconded by Councilmember Dillon. The vote was called by the City Secretary andthe following Yea/Nay votes were recorded: Mayor Pro Tem Bilyeu voted YeaCouncilmember Barrett voted YeaCouncilmember Dillon voted YeaCouncilmember Clark voted YeaCouncilmember Chick voted YeaThe motion to approve carried unanimously (50 vote). 11.FM 455 Utility Relocation Dannenbaum PSA Amendment 1Consider, Discuss and Possibly Act on Approving and Authorizing the Mayor to ExecuteAmendment 1 to the Engineering Contract with Dannenbaum Engineering Company, Dallas, LLC forFM 455 Water and Wastewater Utilities Relocations.City Engineer Tracy LaPiene summarized. He noted that Dannenbaum Engineering could not beavailable for tonight's teleconference meeting because of technical difficulties. He providedbackground, noting on December 3, 2018 the City executed a contract with DannenbaumEngineering Company for Engineering services associated with the FM 455 Water and WastewaterUtility Relocation necessary due to the TxDOT FM 455 project. The original contract projectdescription consisted of approximately 12,000 LF of new water and sewer pipeline, pipelinereplacements or relocations at numerous locations along FM 455 where utility conflicts with theproposed TxDOT improvements. Since then, numerous additional "required" utility relocations werediscovered necessary to facilitate the FM 455 design and construction. In addition, several"betterment" water pipelines may be needed to provide for improved operational efficiency andresilience, to foster proposed new development within the city limits, and comply with the City'sWater Master Plan documents. The proposed Water Betterment improvements will be designed
and bid as alternate bids, with the City's discretion for accepting the additive alternatives if deemed
acceptable and desirable by the City. Addendum 1 to this agreement provides for additional scope
of work for the increased required water and wastewater utilities as well as the betterment water
utilities. As per the documents attached to the Amendment it was noted that:
The original scope of work is amended to include:
Additional 6,609 LF of Required Water and Sanitary Sewer Relocations and Improvements
various locations and sizes of pipelines and related appurtenances.
Additional 3,963 LF of Betterment Water Improvements and related appurtenances
Additional 1,200 LF of Required Water Relocation along the IH 35 Bridge Corridor.
The original general scope of services phases and tasks description are to remain the same yet
amended to include the added 11,772 LF of pipelines.
There was lengthy discussion regarding the draft fee proposals and the breakdown detail. It was
discussed that the City would receive reimbursements for the portion of the IH35 project and there
was extensive discussion regarding the amounts/percentages that would be reimbursed to the City.
These funds would be refunded by the federal government at the end of the project. There was also
discussion on the timing of the project and it was noted that one of the reasons Dannenbaum was
hired by the City as the Engineer for this project is because they are also the Engineer for TxDOT.
A motion was made by Mayor Pro Tem Bilyeu to approve and authorize the Mayor to execute the
Amendment 1 to the Engineering contract with Dannenbaum Engineering Company, Dallas, LLC for
FM 455 Water and Wastewater Utilities Relocation. The motion was seconded by Councilmember
Chick. The vote was called by the City Secretary and the following Yea/Nay votes were recorded:
Mayor Pro Tem Bilyeu voted Yea
Councilmember Barrett voted Yea
Councilmember Dillon voted Yea
Councilmember Clark voted Yea
Councilmember Chick voted Yea
The motion to approve carried unanimously (50 vote).
12.PSA Plummer Stream Restoration Phase 1 Amendment 1
Consider, Discuss and Possibly Act on Approving and Authorizing the Mayor to Execute an
Amendment to the Engineering Contract with Plummer Associates, Inc. for Stream Restoration for
Wastewater Treatment Plant.
City Engineer Tracy LaPiene summarized. On September 16, 2019 City Council approved a
Professional Services Contract with Plummer Associates, Inc. for Stream Restoration for the
Wastewater Treatment Plant. This contract was for Phase I Preliminary Planning of the project,
work associated with restoring the receiving stream below the wastewater treatment facility to
condition that eliminate Paddock Lake and stream restoration. Amendment 1 to this contract is to
provide additional scope of work to this phase of the project for Plummer to prepare a Preliminary
Jurisdictional Determination (PJD) for the stream restoration project as ell as a Threatened and
Endangered Species (T & E) review and to submit these documents to the U.S. Army Corp of
Engineers (USACE) for review and approval. The PJD and T & F would be required
documentation for the Section 404 permit application and would be used in part to determine
whether the project would be authorized under a Nationwide Permit or an Individual Permit. It
would also be beneficial for the USACE to have the PJD to review prior to the site visit later this
summer. After general discussion of the project it was noted that this is a not to exceed contract and
Page 6
CITY OF SANGER, TEXASMINUTES: REGULAR CITY COUNCIL MEETINGMonday, May 4, 2020 7:00 PM502 Elm Street, Sanger, TexasIMPORTANT NOTICE: MEETING HELD BY TELECONFERENCEMeetings will temporarily be held via teleconference and will not be held at Sanger CityHall. Effective March 16, 2020 Texas Governor Abbott suspended certain Open Meeting rulesto allow telephonic or videoconference meetings of government bodies that are accessible to thepublic to decrease large groups of people from assembling in order to advance the public healthgoal of limiting facetoface meetings to slow the spread of the Coronavirus (COVID19). Thesuspension temporarily removes the requirement that government officials and members of thepublic be physically present at a meeting location. A recording of the telephone conference willbe made available to the public in accordance with the Open Meetings Act, upon written requestfor up to 90 days after the official minutes of the meeting are approved. If you plan to speak orprovide public comments during the meeting please email citysecretary@sangertexas.org andindicate which item you would like to comment on. You will need to provide the City Secretaryyour name, address, and the name, and/or number you are calling into the conference with forrecognition purposes to allow you to speak during the item. In order to facilitate Public Hearingsduring the meeting, each name on the speaking list will be called in the order they were receivedand will be provided an opportunity to comment. You may also provide comments to the CitySecretary (citysecretary@sangertexas.org) regarding an item if you do not wish to speak, and theywill be emailed to the Mayor and Councilmembers before the meeting. Please provide yourcomments or requests to comment for all items no later than one (1) hour before the meeting. Thepublic may dial one of the the following numbers and enter the Meeting ID and Password to jointhe meeting. Tollfree numbers are available and noted on the list below:Meeting ID: 848 2984 2715Password: 019456Dial by your location+1 346 248 7799 US (Houston)+1 669 900 9128 US (San Jose)+1 253 215 8782 US (Tacoma)+1 646 558 8656 US (New York)+1 301 715 8592 US (Germantown)+1 312 626 6799 US (Chicago)888 475 4499 US Tollfree877 853 5257 US TollfreeCOUNCIL MEMBERS PRESENT:Mayor Thomas Muir; Mayor Pro Tem Gary Bilyeu; Councilmember Marissa Barrett;Councilmember Dennis Dillon; Councilmember Allen Chick; Councilmember David Clark,COUNCIL MEMBERS ABSENT:None.STAFF MEMBERS PRESENT:City Manager, Alina Ciocan; City Secretary Cheryl Price; Director of Finance Clayton Gray; CityEngineer Tracy LaPiene; Director of Public Works James Berman; Director of DevelopmentServices Ramie Hammonds; Director of Economic Development Shani Bradshaw; Director ofHuman Resources and Special Projects Jeriana Staton; Librarian and Social Media Laura Klenke; 1.Call Meeting to Order, Establish a Quorum (Roll Call), Invocation.Roll Call was called by the City Secretary. The Mayor and all five (5) Councilmembers were calledand present by teleconference constituting a quorum. There being a quorum present, the May May4, 2020 Regular City Council Meeting held by Teleconference was called to order at 7:07 p.m byMayor Muir. Mayor Muir provided the Invocation.The Teleconference open meeting rules allowing the meeting by teleconference were summarized byMayor Muir.2.CITIZEN INPUT:Mayor Muir solicited any citizens who wished to speak, There were no citizens speaking up on theteleconference call who wished to speak during Citizen Input.. 3.EXECUTIVE SESSION:a.Section 551.071(Texas Local Government Code) Consultation with AttorneysCity Council convened into Executive Session at 7:11 p.m.4.RECONVENE: OPEN MEETING:Mayor Muir advised that the Executive Session adjourned at 8:11 p.m. No action was taken duringExecutive Session. The Council will address action on the item during the regular agenda.A short break was taken; the Regular City Council Meeting reconvened at 8:17 p.m.5.CONSENT AGENDA:a.Approval of Minutes1.City Council Emergency Meeting Minutes 04142020Approve Minutes for the Emergency City Council Meeting of April 14, 2020.2.City Council Regular Meeting Minutes 04202020Approve City Council Regular Meeting Minutes for April 20, 2020 Meeting.A motion was made by Mayor Pro Tem Bilyeu to approve the Consent Agenda as presented. Themotion was seconded by Councilmember Dillon. The vote was called by the City Secretary and thefollowing Yea/Nay votes were recorded: Mayor Pro Tem Bilyeu voted YeaCouncilmember Barrett voted YeaCouncilmember Dillon voted YeaCouncilmember Clark voted YeaCouncilmember Chick voted YeaThe motion to approve carried unanimously (50 vote).6.Consider Any Items Removed from Consent Agenda.No items were removed from the Consent Agenda.REGULAR AGENDA7.Easement Acquisition: Wastewater InfrastructureConsider, Discuss and Possibly Act on Easement Acquisition for Wastewater Infrastructure.A motion was made by Mayor Pro Tem Bilyeu to direct the Attorney to proceed as discussed. Themotion was seconded by Councilmember Barrett. The vote was called by the City Secretary andthe following Yea/Nay votes were recorded: Mayor Pro Tem Bilyeu voted YeaCouncilmember Barrett voted YeaCouncilmember Dillon voted YeaCouncilmember Clark voted YeaCouncilmember Chick voted YeaThe motion to approve carried unanimously (50 vote). 8.Sure Steel Preliminary PlatConsider Discuss and Act on the Preliminary Plat of the Sure Steel Addition Being 4.166 Acres, inthe City of Sanger, and Generally Located Approximately 420 feet East of the Railroad on FM 455.Director of Development Services Ramie Hammonds summarized. The applicant is proposing tocreate one (1) industrial lot from one (1) unplatted tract of a 4.166 acre site zoned I2 (IndustrialDistrict2). The proposed project is for a 14,526 square foot industrial building that will consist ofoffice and warehouse space. Office and warehouse uses are permitted in the I2 zoning district. Theproperty will be served by the City of Sanger water, wastewater and electric. The Planning andZoning Commission approved the preliminary plat with a 60 vote on April 13, 2020. Staff hasfound the preliminary plat to be substantially in compliance with the Subdivision Regulations, andrecommends approval with a variance because of the configuration of the lot. There was briefdiscussion regarding the lot configuration and the buffer being provided. It was noted that all publicaccess easements, private roads and common areas are to be maintained by the property owner.A motion was made by Mayor Pro Tem Bilyeu to approve the Preliminary Plat of the Sure SteelAddition being 4.166 Acres in the City of Sanger and Generally located approximately 420 feet eastof the railroad on FM 455 with the following variance:1. Section 10.105.04C 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 be ordinarily exceed two and onehalf (2,5,:1),"The motion was seconded by Councilmember Clark. The vote was called by the City Secretaryand the following Yea/Nay votes were recorded: Mayor Pro Tem Bilyeu voted YeaCouncilmember Barrett voted YeaCouncilmember Dillon voted YeaCouncilmember Clark voted YeaCouncilmember Chick voted YeaThe motion to approve carried unanimously (50 vote). 9.Sable Creek Phase IV Final PlatConsider, Discuss, and Act on a Final Plat of Sable Creek Addition Phase IV, Being 12.697 Acres,Generally Located East of Railroad Line, South of FM 455 and North of East Willow Street.Director of Development Services Ramie Hammonds summarized. The applicant is proposing todevelop 50 residential lots in Phase IV of Sable Creek Addition. The property is located in SF 7zoning district and meets all of the SF7 requirements. The property will be served by the City ofSanger water and wastewater and CoServ Electric. The Planning and Zoning Commissionapproved the final plat with a 60 vote on April 13, 2020. This is a companion case on the agenda:Phase V of the Sable Creek Addition. There are no variances on this plat. There was lengthydiscussion regarding access points into the park area and it was consensus of the Council that theywould like to see access points intothe subdivision into the open space area. Mr. Shafer Harris with Allison Engineering group was recognized and noted that this was justdiscussed today and that the plat has potential to add access points at Mockingbird and Creeksideat the bottom of the culdesac and between Lot 20 and 21 where there is a 15 foot easement foran underground pipe. Also generally discussed was Lot 46X and Lot 7X. He noted it would be upto the developer, but that they could make some adjustments and come up with some access thepark area. Ms. Hammonds noted the concern regarding some of the access points and it beingnecessary for steps and requirements for ADA access. Mayor Muir noted that he and Councilappreciated them working with staff on the access. Mayor Pro Tem Bilyeu asked if since this is afinal plat, could these adjustments be made. Ms. Hammonds noted they could be added to the finalplat. It was also noted that all of the common areas, drainage easements and detention facilities willbe maintained by the HOA.A motion was made by Mayor Pro Tem Bilyeu to approve Sable Creek Phase IV final plat being12.697 acres, generally located east of railroad line, south of FM 455 and north of East WillowStreet contingent on adding as many accesses as possible (2 to 3 access points) to the adjacent parkland. The motion was seconded by Councilmember Barrett. The vote was called by the CitySecretary and the following Yea/Nay votes were recorded: Mayor Pro Tem Bilyeu voted YeaCouncilmember Barrett voted YeaCouncilmember Dillon voted YeaCouncilmember Clark voted YeaCouncilmember Chick voted YeaThe motion to approve carried unanimously (50 vote). 10.Sable Creek Phase V Final PlatConsider, Discuss, and Act on a Final Plat of Sable Creek Addition Phase V, Being 17.886 Acres,Generally Located East of Railroad Line, South of FM 455 and North of East Willow Street.Director of Development Services Ramie Hammonds summarized. This is the companion item tothe previous Agenda Item, Phase IV of Sable Creek. The applicant is proposing to develop 26residential lots and two open space lots in Phase V of Sable Creek Addition consisting of 17.886acres. The property is located in SF7 zoning district and meets all of the SF7 districtrequirements. The property will be served by the City of Sanger water, wastewater and SangerElectric. The Planning and Zoning Commission approved the Final Plat with a 60 vote on April 13,2020. There are no variances on this plat.There was discussion regarding the buffer requirementsand it was noted there was fencing and landscape buffering. It was also noted that all of thecommon areas, drainage easements and detention facilities, including Block K, will be maintained bythe HOA.A motion was made by Councilmember Barrett to approve Sable Creek Phase V, being 17.886Acres generally located east of railroad line, south of FM 455 and north of East Willow Street. Themotion was seconded by Councilmember Dillon. The vote was called by the City Secretary andthe following Yea/Nay votes were recorded: Mayor Pro Tem Bilyeu voted YeaCouncilmember Barrett voted YeaCouncilmember Dillon voted YeaCouncilmember Clark voted YeaCouncilmember Chick voted YeaThe motion to approve carried unanimously (50 vote). 11.FM 455 Utility Relocation Dannenbaum PSA Amendment 1Consider, Discuss and Possibly Act on Approving and Authorizing the Mayor to ExecuteAmendment 1 to the Engineering Contract with Dannenbaum Engineering Company, Dallas, LLC forFM 455 Water and Wastewater Utilities Relocations.City Engineer Tracy LaPiene summarized. He noted that Dannenbaum Engineering could not beavailable for tonight's teleconference meeting because of technical difficulties. He providedbackground, noting on December 3, 2018 the City executed a contract with DannenbaumEngineering Company for Engineering services associated with the FM 455 Water and WastewaterUtility Relocation necessary due to the TxDOT FM 455 project. The original contract projectdescription consisted of approximately 12,000 LF of new water and sewer pipeline, pipelinereplacements or relocations at numerous locations along FM 455 where utility conflicts with theproposed TxDOT improvements. Since then, numerous additional "required" utility relocations werediscovered necessary to facilitate the FM 455 design and construction. In addition, several"betterment" water pipelines may be needed to provide for improved operational efficiency andresilience, to foster proposed new development within the city limits, and comply with the City'sWater Master Plan documents. The proposed Water Betterment improvements will be designedand bid as alternate bids, with the City's discretion for accepting the additive alternatives if deemedacceptable and desirable by the City. Addendum 1 to this agreement provides for additional scopeof work for the increased required water and wastewater utilities as well as the betterment waterutilities. As per the documents attached to the Amendment it was noted that:The original scope of work is amended to include:Additional 6,609 LF of Required Water and Sanitary Sewer Relocations and Improvements various locations and sizes of pipelines and related appurtenances.Additional 3,963 LF of Betterment Water Improvements and related appurtenancesAdditional 1,200 LF of Required Water Relocation along the IH 35 Bridge Corridor.The original general scope of services phases and tasks description are to remain the same yetamended to include the added 11,772 LF of pipelines.There was lengthy discussion regarding the draft fee proposals and the breakdown detail. It wasdiscussed that the City would receive reimbursements for the portion of the IH35 project and therewas extensive discussion regarding the amounts/percentages that would be reimbursed to the City. These funds would be refunded by the federal government at the end of the project. There was alsodiscussion on the timing of the project and it was noted that one of the reasons Dannenbaum washired by the City as the Engineer for this project is because they are also the Engineer for TxDOT.A motion was made by Mayor Pro Tem Bilyeu to approve and authorize the Mayor to execute theAmendment 1 to the Engineering contract with Dannenbaum Engineering Company, Dallas, LLC forFM 455 Water and Wastewater Utilities Relocation. The motion was seconded by CouncilmemberChick. The vote was called by the City Secretary and the following Yea/Nay votes were recorded: Mayor Pro Tem Bilyeu voted YeaCouncilmember Barrett voted YeaCouncilmember Dillon voted YeaCouncilmember Clark voted YeaCouncilmember Chick voted YeaThe motion to approve carried unanimously (50 vote). 12.PSA Plummer Stream Restoration Phase 1 Amendment 1Consider, Discuss and Possibly Act on Approving and Authorizing the Mayor to Execute anAmendment to the Engineering Contract with Plummer Associates, Inc. for Stream Restoration forWastewater Treatment Plant.City Engineer Tracy LaPiene summarized. On September 16, 2019 City Council approved aProfessional Services Contract with Plummer Associates, Inc. for Stream Restoration for theWastewater Treatment Plant. This contract was for Phase I Preliminary Planning of the project,work associated with restoring the receiving stream below the wastewater treatment facility tocondition that eliminate Paddock Lake and stream restoration. Amendment 1 to this contract is toprovide additional scope of work to this phase of the project for Plummer to prepare a PreliminaryJurisdictional Determination (PJD) for the stream restoration project as ell as a Threatened andEndangered Species (T & E) review and to submit these documents to the U.S. Army Corp ofEngineers (USACE) for review and approval. The PJD and T & F would be requireddocumentation for the Section 404 permit application and would be used in part to determinewhether the project would be authorized under a Nationwide Permit or an Individual Permit. It
would also be beneficial for the USACE to have the PJD to review prior to the site visit later this
summer. After general discussion of the project it was noted that this is a not to exceed contract and
this is within the scope. It was also noted through questioning that it would include the preparation
of all documents. This would allow proceeding into phase two, and allow them to make formal
application. It was also noted that we are waiting on the Corp to do a site survey in July.
A motion was made by Councilmember Barrett to approve and authorize the Mayor to Execute an
Amendment to the Engineering Contract with Plummer Associates, Inc. for Stream Restoration for
Wastewater Treatment Plant. The motion was seconded by Mayor Pro Tem Bilyeu. There was no
additional discussion. The vote was called by the City Secretary and the following Yea/Nay votes
were recorded:
Mayor Pro Tem Bilyeu voted Yea
Councilmember Barrett voted Yea
Councilmember Dillon voted Yea
Councilmember Clark voted Yea
Councilmember Chick voted Yea
The motion to approve carried unanimously (50 vote).
13.Ordinance #041320 Budget Amendment FY 20192020
Consider, Discuss and Act on Ordinance #041320 – Amending Ordinance #092519, Which
Will Amend the Budget for the 20192020 Fiscal Year and Authorizing Amended Expenditures as
Provided; Providing for the Repeal of all Ordinances in Conflict; Providing for a Severability Clause;
and Providing for an Effective Date.
Finance Manager Clayton Gray summarized the budget amendment being proposed. He noted that
this amendment provides for the $310,000 in expenditures related to the Acker and Cowling water
storage facilities proposed by Mcguire Iron. Mayor Muir noted that this item is a precursor to the
next item. Mr. Jack Powell with Mcguire Iron and Director of Public Works Jim Berman answered
questions the Council posed and it was noted that after the last Council Meeting staff met with
Clayton and discussed the feasibility of the more costly option of the dome roof for the Cowling
Road Ground Storage Tank. It was noted that the expenditures for this project will be paid from the
2017 Certificates of Obligation. It was noted that the more expensive option of the dome roof would
last a lifetime if maintained and would be more beneficial for the City in the long term.
A motion was made by Mayor Pro Tem Bilyeu to Approve Ordinance No. 041320 amending
Ordinance #092529 which will amend the budget for the 20192020 Fiscal Year and authorize
amended expenditures as provided; providing for the repeal of all ordinances in conflict; providing
for a severability clause and providing for an effective date. The motion was seconded by
Councilman Clark. The motion was seconded by Councilmember Clark. The vote was called by
the City Secretary and the following Yea/Nay votes were recorded:
Mayor Pro Tem Bilyeu voted Yea
Councilmember Barrett voted Yea
Councilmember Dillon voted Yea
Councilmember Clark voted Yea
Councilmember Chick voted Yea
The motion to approve carried unanimously (50 vote).
Finance Manager Clayton Gray summarized the budget amendment being proposed. He noted that
Page 7
CITY OF SANGER, TEXASMINUTES: REGULAR CITY COUNCIL MEETINGMonday, May 4, 2020 7:00 PM502 Elm Street, Sanger, TexasIMPORTANT NOTICE: MEETING HELD BY TELECONFERENCEMeetings will temporarily be held via teleconference and will not be held at Sanger CityHall. Effective March 16, 2020 Texas Governor Abbott suspended certain Open Meeting rulesto allow telephonic or videoconference meetings of government bodies that are accessible to thepublic to decrease large groups of people from assembling in order to advance the public healthgoal of limiting facetoface meetings to slow the spread of the Coronavirus (COVID19). Thesuspension temporarily removes the requirement that government officials and members of thepublic be physically present at a meeting location. A recording of the telephone conference willbe made available to the public in accordance with the Open Meetings Act, upon written requestfor up to 90 days after the official minutes of the meeting are approved. If you plan to speak orprovide public comments during the meeting please email citysecretary@sangertexas.org andindicate which item you would like to comment on. You will need to provide the City Secretaryyour name, address, and the name, and/or number you are calling into the conference with forrecognition purposes to allow you to speak during the item. In order to facilitate Public Hearingsduring the meeting, each name on the speaking list will be called in the order they were receivedand will be provided an opportunity to comment. You may also provide comments to the CitySecretary (citysecretary@sangertexas.org) regarding an item if you do not wish to speak, and theywill be emailed to the Mayor and Councilmembers before the meeting. Please provide yourcomments or requests to comment for all items no later than one (1) hour before the meeting. Thepublic may dial one of the the following numbers and enter the Meeting ID and Password to jointhe meeting. Tollfree numbers are available and noted on the list below:Meeting ID: 848 2984 2715Password: 019456Dial by your location+1 346 248 7799 US (Houston)+1 669 900 9128 US (San Jose)+1 253 215 8782 US (Tacoma)+1 646 558 8656 US (New York)+1 301 715 8592 US (Germantown)+1 312 626 6799 US (Chicago)888 475 4499 US Tollfree877 853 5257 US TollfreeCOUNCIL MEMBERS PRESENT:Mayor Thomas Muir; Mayor Pro Tem Gary Bilyeu; Councilmember Marissa Barrett;Councilmember Dennis Dillon; Councilmember Allen Chick; Councilmember David Clark,COUNCIL MEMBERS ABSENT:None.STAFF MEMBERS PRESENT:City Manager, Alina Ciocan; City Secretary Cheryl Price; Director of Finance Clayton Gray; CityEngineer Tracy LaPiene; Director of Public Works James Berman; Director of DevelopmentServices Ramie Hammonds; Director of Economic Development Shani Bradshaw; Director ofHuman Resources and Special Projects Jeriana Staton; Librarian and Social Media Laura Klenke; 1.Call Meeting to Order, Establish a Quorum (Roll Call), Invocation.Roll Call was called by the City Secretary. The Mayor and all five (5) Councilmembers were calledand present by teleconference constituting a quorum. There being a quorum present, the May May4, 2020 Regular City Council Meeting held by Teleconference was called to order at 7:07 p.m byMayor Muir. Mayor Muir provided the Invocation.The Teleconference open meeting rules allowing the meeting by teleconference were summarized byMayor Muir.2.CITIZEN INPUT:Mayor Muir solicited any citizens who wished to speak, There were no citizens speaking up on theteleconference call who wished to speak during Citizen Input.. 3.EXECUTIVE SESSION:a.Section 551.071(Texas Local Government Code) Consultation with AttorneysCity Council convened into Executive Session at 7:11 p.m.4.RECONVENE: OPEN MEETING:Mayor Muir advised that the Executive Session adjourned at 8:11 p.m. No action was taken duringExecutive Session. The Council will address action on the item during the regular agenda.A short break was taken; the Regular City Council Meeting reconvened at 8:17 p.m.5.CONSENT AGENDA:a.Approval of Minutes1.City Council Emergency Meeting Minutes 04142020Approve Minutes for the Emergency City Council Meeting of April 14, 2020.2.City Council Regular Meeting Minutes 04202020Approve City Council Regular Meeting Minutes for April 20, 2020 Meeting.A motion was made by Mayor Pro Tem Bilyeu to approve the Consent Agenda as presented. Themotion was seconded by Councilmember Dillon. The vote was called by the City Secretary and thefollowing Yea/Nay votes were recorded: Mayor Pro Tem Bilyeu voted YeaCouncilmember Barrett voted YeaCouncilmember Dillon voted YeaCouncilmember Clark voted YeaCouncilmember Chick voted YeaThe motion to approve carried unanimously (50 vote).6.Consider Any Items Removed from Consent Agenda.No items were removed from the Consent Agenda.REGULAR AGENDA7.Easement Acquisition: Wastewater InfrastructureConsider, Discuss and Possibly Act on Easement Acquisition for Wastewater Infrastructure.A motion was made by Mayor Pro Tem Bilyeu to direct the Attorney to proceed as discussed. Themotion was seconded by Councilmember Barrett. The vote was called by the City Secretary andthe following Yea/Nay votes were recorded: Mayor Pro Tem Bilyeu voted YeaCouncilmember Barrett voted YeaCouncilmember Dillon voted YeaCouncilmember Clark voted YeaCouncilmember Chick voted YeaThe motion to approve carried unanimously (50 vote). 8.Sure Steel Preliminary PlatConsider Discuss and Act on the Preliminary Plat of the Sure Steel Addition Being 4.166 Acres, inthe City of Sanger, and Generally Located Approximately 420 feet East of the Railroad on FM 455.Director of Development Services Ramie Hammonds summarized. The applicant is proposing tocreate one (1) industrial lot from one (1) unplatted tract of a 4.166 acre site zoned I2 (IndustrialDistrict2). The proposed project is for a 14,526 square foot industrial building that will consist ofoffice and warehouse space. Office and warehouse uses are permitted in the I2 zoning district. Theproperty will be served by the City of Sanger water, wastewater and electric. The Planning andZoning Commission approved the preliminary plat with a 60 vote on April 13, 2020. Staff hasfound the preliminary plat to be substantially in compliance with the Subdivision Regulations, andrecommends approval with a variance because of the configuration of the lot. There was briefdiscussion regarding the lot configuration and the buffer being provided. It was noted that all publicaccess easements, private roads and common areas are to be maintained by the property owner.A motion was made by Mayor Pro Tem Bilyeu to approve the Preliminary Plat of the Sure SteelAddition being 4.166 Acres in the City of Sanger and Generally located approximately 420 feet eastof the railroad on FM 455 with the following variance:1. Section 10.105.04C 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 be ordinarily exceed two and onehalf (2,5,:1),"The motion was seconded by Councilmember Clark. The vote was called by the City Secretaryand the following Yea/Nay votes were recorded: Mayor Pro Tem Bilyeu voted YeaCouncilmember Barrett voted YeaCouncilmember Dillon voted YeaCouncilmember Clark voted YeaCouncilmember Chick voted YeaThe motion to approve carried unanimously (50 vote). 9.Sable Creek Phase IV Final PlatConsider, Discuss, and Act on a Final Plat of Sable Creek Addition Phase IV, Being 12.697 Acres,Generally Located East of Railroad Line, South of FM 455 and North of East Willow Street.Director of Development Services Ramie Hammonds summarized. The applicant is proposing todevelop 50 residential lots in Phase IV of Sable Creek Addition. The property is located in SF 7zoning district and meets all of the SF7 requirements. The property will be served by the City ofSanger water and wastewater and CoServ Electric. The Planning and Zoning Commissionapproved the final plat with a 60 vote on April 13, 2020. This is a companion case on the agenda:Phase V of the Sable Creek Addition. There are no variances on this plat. There was lengthydiscussion regarding access points into the park area and it was consensus of the Council that theywould like to see access points intothe subdivision into the open space area. Mr. Shafer Harris with Allison Engineering group was recognized and noted that this was justdiscussed today and that the plat has potential to add access points at Mockingbird and Creeksideat the bottom of the culdesac and between Lot 20 and 21 where there is a 15 foot easement foran underground pipe. Also generally discussed was Lot 46X and Lot 7X. He noted it would be upto the developer, but that they could make some adjustments and come up with some access thepark area. Ms. Hammonds noted the concern regarding some of the access points and it beingnecessary for steps and requirements for ADA access. Mayor Muir noted that he and Councilappreciated them working with staff on the access. Mayor Pro Tem Bilyeu asked if since this is afinal plat, could these adjustments be made. Ms. Hammonds noted they could be added to the finalplat. It was also noted that all of the common areas, drainage easements and detention facilities willbe maintained by the HOA.A motion was made by Mayor Pro Tem Bilyeu to approve Sable Creek Phase IV final plat being12.697 acres, generally located east of railroad line, south of FM 455 and north of East WillowStreet contingent on adding as many accesses as possible (2 to 3 access points) to the adjacent parkland. The motion was seconded by Councilmember Barrett. The vote was called by the CitySecretary and the following Yea/Nay votes were recorded: Mayor Pro Tem Bilyeu voted YeaCouncilmember Barrett voted YeaCouncilmember Dillon voted YeaCouncilmember Clark voted YeaCouncilmember Chick voted YeaThe motion to approve carried unanimously (50 vote). 10.Sable Creek Phase V Final PlatConsider, Discuss, and Act on a Final Plat of Sable Creek Addition Phase V, Being 17.886 Acres,Generally Located East of Railroad Line, South of FM 455 and North of East Willow Street.Director of Development Services Ramie Hammonds summarized. This is the companion item tothe previous Agenda Item, Phase IV of Sable Creek. The applicant is proposing to develop 26residential lots and two open space lots in Phase V of Sable Creek Addition consisting of 17.886acres. The property is located in SF7 zoning district and meets all of the SF7 districtrequirements. The property will be served by the City of Sanger water, wastewater and SangerElectric. The Planning and Zoning Commission approved the Final Plat with a 60 vote on April 13,2020. There are no variances on this plat.There was discussion regarding the buffer requirementsand it was noted there was fencing and landscape buffering. It was also noted that all of thecommon areas, drainage easements and detention facilities, including Block K, will be maintained bythe HOA.A motion was made by Councilmember Barrett to approve Sable Creek Phase V, being 17.886Acres generally located east of railroad line, south of FM 455 and north of East Willow Street. Themotion was seconded by Councilmember Dillon. The vote was called by the City Secretary andthe following Yea/Nay votes were recorded: Mayor Pro Tem Bilyeu voted YeaCouncilmember Barrett voted YeaCouncilmember Dillon voted YeaCouncilmember Clark voted YeaCouncilmember Chick voted YeaThe motion to approve carried unanimously (50 vote). 11.FM 455 Utility Relocation Dannenbaum PSA Amendment 1Consider, Discuss and Possibly Act on Approving and Authorizing the Mayor to ExecuteAmendment 1 to the Engineering Contract with Dannenbaum Engineering Company, Dallas, LLC forFM 455 Water and Wastewater Utilities Relocations.City Engineer Tracy LaPiene summarized. He noted that Dannenbaum Engineering could not beavailable for tonight's teleconference meeting because of technical difficulties. He providedbackground, noting on December 3, 2018 the City executed a contract with DannenbaumEngineering Company for Engineering services associated with the FM 455 Water and WastewaterUtility Relocation necessary due to the TxDOT FM 455 project. The original contract projectdescription consisted of approximately 12,000 LF of new water and sewer pipeline, pipelinereplacements or relocations at numerous locations along FM 455 where utility conflicts with theproposed TxDOT improvements. Since then, numerous additional "required" utility relocations werediscovered necessary to facilitate the FM 455 design and construction. In addition, several"betterment" water pipelines may be needed to provide for improved operational efficiency andresilience, to foster proposed new development within the city limits, and comply with the City'sWater Master Plan documents. The proposed Water Betterment improvements will be designedand bid as alternate bids, with the City's discretion for accepting the additive alternatives if deemedacceptable and desirable by the City. Addendum 1 to this agreement provides for additional scopeof work for the increased required water and wastewater utilities as well as the betterment waterutilities. As per the documents attached to the Amendment it was noted that:The original scope of work is amended to include:Additional 6,609 LF of Required Water and Sanitary Sewer Relocations and Improvements various locations and sizes of pipelines and related appurtenances.Additional 3,963 LF of Betterment Water Improvements and related appurtenancesAdditional 1,200 LF of Required Water Relocation along the IH 35 Bridge Corridor.The original general scope of services phases and tasks description are to remain the same yetamended to include the added 11,772 LF of pipelines.There was lengthy discussion regarding the draft fee proposals and the breakdown detail. It wasdiscussed that the City would receive reimbursements for the portion of the IH35 project and therewas extensive discussion regarding the amounts/percentages that would be reimbursed to the City. These funds would be refunded by the federal government at the end of the project. There was alsodiscussion on the timing of the project and it was noted that one of the reasons Dannenbaum washired by the City as the Engineer for this project is because they are also the Engineer for TxDOT.A motion was made by Mayor Pro Tem Bilyeu to approve and authorize the Mayor to execute theAmendment 1 to the Engineering contract with Dannenbaum Engineering Company, Dallas, LLC forFM 455 Water and Wastewater Utilities Relocation. The motion was seconded by CouncilmemberChick. The vote was called by the City Secretary and the following Yea/Nay votes were recorded: Mayor Pro Tem Bilyeu voted YeaCouncilmember Barrett voted YeaCouncilmember Dillon voted YeaCouncilmember Clark voted YeaCouncilmember Chick voted YeaThe motion to approve carried unanimously (50 vote). 12.PSA Plummer Stream Restoration Phase 1 Amendment 1Consider, Discuss and Possibly Act on Approving and Authorizing the Mayor to Execute anAmendment to the Engineering Contract with Plummer Associates, Inc. for Stream Restoration forWastewater Treatment Plant.City Engineer Tracy LaPiene summarized. On September 16, 2019 City Council approved aProfessional Services Contract with Plummer Associates, Inc. for Stream Restoration for theWastewater Treatment Plant. This contract was for Phase I Preliminary Planning of the project,work associated with restoring the receiving stream below the wastewater treatment facility tocondition that eliminate Paddock Lake and stream restoration. Amendment 1 to this contract is toprovide additional scope of work to this phase of the project for Plummer to prepare a PreliminaryJurisdictional Determination (PJD) for the stream restoration project as ell as a Threatened andEndangered Species (T & E) review and to submit these documents to the U.S. Army Corp ofEngineers (USACE) for review and approval. The PJD and T & F would be requireddocumentation for the Section 404 permit application and would be used in part to determinewhether the project would be authorized under a Nationwide Permit or an Individual Permit. Itwould also be beneficial for the USACE to have the PJD to review prior to the site visit later thissummer. After general discussion of the project it was noted that this is a not to exceed contract andthis is within the scope. It was also noted through questioning that it would include the preparationof all documents. This would allow proceeding into phase two, and allow them to make formalapplication. It was also noted that we are waiting on the Corp to do a site survey in July.A motion was made by Councilmember Barrett to approve and authorize the Mayor to Execute anAmendment to the Engineering Contract with Plummer Associates, Inc. for Stream Restoration forWastewater Treatment Plant. The motion was seconded by Mayor Pro Tem Bilyeu. There was noadditional discussion. The vote was called by the City Secretary and the following Yea/Nay voteswere recorded: Mayor Pro Tem Bilyeu voted YeaCouncilmember Barrett voted YeaCouncilmember Dillon voted YeaCouncilmember Clark voted YeaCouncilmember Chick voted YeaThe motion to approve carried unanimously (50 vote). 13.Ordinance #041320 Budget Amendment FY 20192020Consider, Discuss and Act on Ordinance #041320 – Amending Ordinance #092519, WhichWill Amend the Budget for the 20192020 Fiscal Year and Authorizing Amended Expenditures asProvided; Providing for the Repeal of all Ordinances in Conflict; Providing for a Severability Clause;and Providing for an Effective Date. Finance Manager Clayton Gray summarized the budget amendment being proposed. He noted thatthis amendment provides for the $310,000 in expenditures related to the Acker and Cowling waterstorage facilities proposed by Mcguire Iron. Mayor Muir noted that this item is a precursor to thenext item. Mr. Jack Powell with Mcguire Iron and Director of Public Works Jim Berman answeredquestions the Council posed and it was noted that after the last Council Meeting staff met withClayton and discussed the feasibility of the more costly option of the dome roof for the CowlingRoad Ground Storage Tank. It was noted that the expenditures for this project will be paid from the2017 Certificates of Obligation. It was noted that the more expensive option of the dome roof wouldlast a lifetime if maintained and would be more beneficial for the City in the long term. A motion was made by Mayor Pro Tem Bilyeu to Approve Ordinance No. 041320 amendingOrdinance #092529 which will amend the budget for the 20192020 Fiscal Year and authorizeamended expenditures as provided; providing for the repeal of all ordinances in conflict; providingfor a severability clause and providing for an effective date. The motion was seconded byCouncilman Clark. The motion was seconded by Councilmember Clark. The vote was called bythe City Secretary and the following Yea/Nay votes were recorded: Mayor Pro Tem Bilyeu voted YeaCouncilmember Barrett voted YeaCouncilmember Dillon voted YeaCouncilmember Clark voted YeaCouncilmember Chick voted Yea
The motion to approve carried unanimously (50 vote).
Finance Manager Clayton Gray summarized the budget amendment being proposed. He noted that
this amendment provides for the $310,000 in expenditures related to the Acker and Cowling water
storage facilities proposed by Mcguire Iron. Mayor Muir noted that this item is a precursor to the
next item. Mr. Jack Powell with Mcguire Iron and Director of Public Works Jim Berman answered
questions the Council posed and it was noted that after the last Council Meeting staff met with
Clayton and discussed the feasibility of the more costly option of the dome roof for the Cowling
Road Ground Storage Tank. That this option would be more beneficial for the City in the long term.
It was noted that the expenditures for this project will be paid from the 2017 Certificates of
Obligation.
14.Change Orders Water Storage Tank Repairs
Consider, Discuss, and Possibly Act on Changer Orders for the Repairs on the Acker Street and
Cowling Road Ground Storage Tanks, and Authorize the Mayor to Execute the Amendments to the
Contracts.
Director of Public Works Jim Berman noted that he originally was not for the domed roof because
of the possibility of additional infrastructure that may have needed repairs. He advised that since the
last meeting Mcguire Iron has inspected the rest of the infrastructure and they did not find additional
large cost items. Mr. Jack Powell with Mcguire Iron confirmed the information relayed by Mr.
Berman. There was no additional discussion.
A motion was was made by Mayor Pro Tem Bilyeu to approve the Change Orders for the repairs
on the Acker Street and Cowling Road Ground Storage Tanks, and authorize the Mayor to execute
the amendments to the contracts. The motion was seconded by Councilmember Clark.
The vote was called by the City Secretary and the following Yea/Nay votes were recorded:
Mayor Pro Tem Bilyeu voted Yea
Councilmember Barrett voted Yea
Councilmember Dillon voted Yea
Councilmember Clark voted Yea
Councilmember Chick voted Yea
The motion to approve carried unanimously (50 vote).
15.Resolution No. 111619 Bylaws 4B Corporation
Consider, Discuss and Act on Resolution No. 111619 Approving Amended Bylaws of the Sanger
Texas Development Corporation, Also Known as the Sanger Texas 4B Corporation and the Sanger
Texas Type B Development Corporation.
Economic Director Shani Bradshaw provided a summary of the proposed 4B Bylaws. The 4B
Bylaws have been revised and reviewed by the City's legal counsel. There are some changes that
are minor in nature, and other changes were inserted to address titles, terms and other duties and
responsibilities of the Board of Directors. She noted that one of the changes which is the same as
was made in the 4A Bylaws is to stagger the terms. The 4A has a limit of three two year terms for a
total of six years. After that, a board director can apply again after one year has passed. The 4B
Board is different in that it has two year terms, but does not have a term limit. She also noted that a
director can be removed form the office by City Council at will without cause.
Ms. Bradshaw advised that another important item that was recently brought up that had been
Page 8
CITY OF SANGER, TEXASMINUTES: REGULAR CITY COUNCIL MEETINGMonday, May 4, 2020 7:00 PM502 Elm Street, Sanger, TexasIMPORTANT NOTICE: MEETING HELD BY TELECONFERENCEMeetings will temporarily be held via teleconference and will not be held at Sanger CityHall. Effective March 16, 2020 Texas Governor Abbott suspended certain Open Meeting rulesto allow telephonic or videoconference meetings of government bodies that are accessible to thepublic to decrease large groups of people from assembling in order to advance the public healthgoal of limiting facetoface meetings to slow the spread of the Coronavirus (COVID19). Thesuspension temporarily removes the requirement that government officials and members of thepublic be physically present at a meeting location. A recording of the telephone conference willbe made available to the public in accordance with the Open Meetings Act, upon written requestfor up to 90 days after the official minutes of the meeting are approved. If you plan to speak orprovide public comments during the meeting please email citysecretary@sangertexas.org andindicate which item you would like to comment on. You will need to provide the City Secretaryyour name, address, and the name, and/or number you are calling into the conference with forrecognition purposes to allow you to speak during the item. In order to facilitate Public Hearingsduring the meeting, each name on the speaking list will be called in the order they were receivedand will be provided an opportunity to comment. You may also provide comments to the CitySecretary (citysecretary@sangertexas.org) regarding an item if you do not wish to speak, and theywill be emailed to the Mayor and Councilmembers before the meeting. Please provide yourcomments or requests to comment for all items no later than one (1) hour before the meeting. Thepublic may dial one of the the following numbers and enter the Meeting ID and Password to jointhe meeting. Tollfree numbers are available and noted on the list below:Meeting ID: 848 2984 2715Password: 019456Dial by your location+1 346 248 7799 US (Houston)+1 669 900 9128 US (San Jose)+1 253 215 8782 US (Tacoma)+1 646 558 8656 US (New York)+1 301 715 8592 US (Germantown)+1 312 626 6799 US (Chicago)888 475 4499 US Tollfree877 853 5257 US TollfreeCOUNCIL MEMBERS PRESENT:Mayor Thomas Muir; Mayor Pro Tem Gary Bilyeu; Councilmember Marissa Barrett;Councilmember Dennis Dillon; Councilmember Allen Chick; Councilmember David Clark,COUNCIL MEMBERS ABSENT:None.STAFF MEMBERS PRESENT:City Manager, Alina Ciocan; City Secretary Cheryl Price; Director of Finance Clayton Gray; CityEngineer Tracy LaPiene; Director of Public Works James Berman; Director of DevelopmentServices Ramie Hammonds; Director of Economic Development Shani Bradshaw; Director ofHuman Resources and Special Projects Jeriana Staton; Librarian and Social Media Laura Klenke; 1.Call Meeting to Order, Establish a Quorum (Roll Call), Invocation.Roll Call was called by the City Secretary. The Mayor and all five (5) Councilmembers were calledand present by teleconference constituting a quorum. There being a quorum present, the May May4, 2020 Regular City Council Meeting held by Teleconference was called to order at 7:07 p.m byMayor Muir. Mayor Muir provided the Invocation.The Teleconference open meeting rules allowing the meeting by teleconference were summarized byMayor Muir.2.CITIZEN INPUT:Mayor Muir solicited any citizens who wished to speak, There were no citizens speaking up on theteleconference call who wished to speak during Citizen Input.. 3.EXECUTIVE SESSION:a.Section 551.071(Texas Local Government Code) Consultation with AttorneysCity Council convened into Executive Session at 7:11 p.m.4.RECONVENE: OPEN MEETING:Mayor Muir advised that the Executive Session adjourned at 8:11 p.m. No action was taken duringExecutive Session. The Council will address action on the item during the regular agenda.A short break was taken; the Regular City Council Meeting reconvened at 8:17 p.m.5.CONSENT AGENDA:a.Approval of Minutes1.City Council Emergency Meeting Minutes 04142020Approve Minutes for the Emergency City Council Meeting of April 14, 2020.2.City Council Regular Meeting Minutes 04202020Approve City Council Regular Meeting Minutes for April 20, 2020 Meeting.A motion was made by Mayor Pro Tem Bilyeu to approve the Consent Agenda as presented. Themotion was seconded by Councilmember Dillon. The vote was called by the City Secretary and thefollowing Yea/Nay votes were recorded: Mayor Pro Tem Bilyeu voted YeaCouncilmember Barrett voted YeaCouncilmember Dillon voted YeaCouncilmember Clark voted YeaCouncilmember Chick voted YeaThe motion to approve carried unanimously (50 vote).6.Consider Any Items Removed from Consent Agenda.No items were removed from the Consent Agenda.REGULAR AGENDA7.Easement Acquisition: Wastewater InfrastructureConsider, Discuss and Possibly Act on Easement Acquisition for Wastewater Infrastructure.A motion was made by Mayor Pro Tem Bilyeu to direct the Attorney to proceed as discussed. Themotion was seconded by Councilmember Barrett. The vote was called by the City Secretary andthe following Yea/Nay votes were recorded: Mayor Pro Tem Bilyeu voted YeaCouncilmember Barrett voted YeaCouncilmember Dillon voted YeaCouncilmember Clark voted YeaCouncilmember Chick voted YeaThe motion to approve carried unanimously (50 vote). 8.Sure Steel Preliminary PlatConsider Discuss and Act on the Preliminary Plat of the Sure Steel Addition Being 4.166 Acres, inthe City of Sanger, and Generally Located Approximately 420 feet East of the Railroad on FM 455.Director of Development Services Ramie Hammonds summarized. The applicant is proposing tocreate one (1) industrial lot from one (1) unplatted tract of a 4.166 acre site zoned I2 (IndustrialDistrict2). The proposed project is for a 14,526 square foot industrial building that will consist ofoffice and warehouse space. Office and warehouse uses are permitted in the I2 zoning district. Theproperty will be served by the City of Sanger water, wastewater and electric. The Planning andZoning Commission approved the preliminary plat with a 60 vote on April 13, 2020. Staff hasfound the preliminary plat to be substantially in compliance with the Subdivision Regulations, andrecommends approval with a variance because of the configuration of the lot. There was briefdiscussion regarding the lot configuration and the buffer being provided. It was noted that all publicaccess easements, private roads and common areas are to be maintained by the property owner.A motion was made by Mayor Pro Tem Bilyeu to approve the Preliminary Plat of the Sure SteelAddition being 4.166 Acres in the City of Sanger and Generally located approximately 420 feet eastof the railroad on FM 455 with the following variance:1. Section 10.105.04C 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 be ordinarily exceed two and onehalf (2,5,:1),"The motion was seconded by Councilmember Clark. The vote was called by the City Secretaryand the following Yea/Nay votes were recorded: Mayor Pro Tem Bilyeu voted YeaCouncilmember Barrett voted YeaCouncilmember Dillon voted YeaCouncilmember Clark voted YeaCouncilmember Chick voted YeaThe motion to approve carried unanimously (50 vote). 9.Sable Creek Phase IV Final PlatConsider, Discuss, and Act on a Final Plat of Sable Creek Addition Phase IV, Being 12.697 Acres,Generally Located East of Railroad Line, South of FM 455 and North of East Willow Street.Director of Development Services Ramie Hammonds summarized. The applicant is proposing todevelop 50 residential lots in Phase IV of Sable Creek Addition. The property is located in SF 7zoning district and meets all of the SF7 requirements. The property will be served by the City ofSanger water and wastewater and CoServ Electric. The Planning and Zoning Commissionapproved the final plat with a 60 vote on April 13, 2020. This is a companion case on the agenda:Phase V of the Sable Creek Addition. There are no variances on this plat. There was lengthydiscussion regarding access points into the park area and it was consensus of the Council that theywould like to see access points intothe subdivision into the open space area. Mr. Shafer Harris with Allison Engineering group was recognized and noted that this was justdiscussed today and that the plat has potential to add access points at Mockingbird and Creeksideat the bottom of the culdesac and between Lot 20 and 21 where there is a 15 foot easement foran underground pipe. Also generally discussed was Lot 46X and Lot 7X. He noted it would be upto the developer, but that they could make some adjustments and come up with some access thepark area. Ms. Hammonds noted the concern regarding some of the access points and it beingnecessary for steps and requirements for ADA access. Mayor Muir noted that he and Councilappreciated them working with staff on the access. Mayor Pro Tem Bilyeu asked if since this is afinal plat, could these adjustments be made. Ms. Hammonds noted they could be added to the finalplat. It was also noted that all of the common areas, drainage easements and detention facilities willbe maintained by the HOA.A motion was made by Mayor Pro Tem Bilyeu to approve Sable Creek Phase IV final plat being12.697 acres, generally located east of railroad line, south of FM 455 and north of East WillowStreet contingent on adding as many accesses as possible (2 to 3 access points) to the adjacent parkland. The motion was seconded by Councilmember Barrett. The vote was called by the CitySecretary and the following Yea/Nay votes were recorded: Mayor Pro Tem Bilyeu voted YeaCouncilmember Barrett voted YeaCouncilmember Dillon voted YeaCouncilmember Clark voted YeaCouncilmember Chick voted YeaThe motion to approve carried unanimously (50 vote). 10.Sable Creek Phase V Final PlatConsider, Discuss, and Act on a Final Plat of Sable Creek Addition Phase V, Being 17.886 Acres,Generally Located East of Railroad Line, South of FM 455 and North of East Willow Street.Director of Development Services Ramie Hammonds summarized. This is the companion item tothe previous Agenda Item, Phase IV of Sable Creek. The applicant is proposing to develop 26residential lots and two open space lots in Phase V of Sable Creek Addition consisting of 17.886acres. The property is located in SF7 zoning district and meets all of the SF7 districtrequirements. The property will be served by the City of Sanger water, wastewater and SangerElectric. The Planning and Zoning Commission approved the Final Plat with a 60 vote on April 13,2020. There are no variances on this plat.There was discussion regarding the buffer requirementsand it was noted there was fencing and landscape buffering. It was also noted that all of thecommon areas, drainage easements and detention facilities, including Block K, will be maintained bythe HOA.A motion was made by Councilmember Barrett to approve Sable Creek Phase V, being 17.886Acres generally located east of railroad line, south of FM 455 and north of East Willow Street. Themotion was seconded by Councilmember Dillon. The vote was called by the City Secretary andthe following Yea/Nay votes were recorded: Mayor Pro Tem Bilyeu voted YeaCouncilmember Barrett voted YeaCouncilmember Dillon voted YeaCouncilmember Clark voted YeaCouncilmember Chick voted YeaThe motion to approve carried unanimously (50 vote). 11.FM 455 Utility Relocation Dannenbaum PSA Amendment 1Consider, Discuss and Possibly Act on Approving and Authorizing the Mayor to ExecuteAmendment 1 to the Engineering Contract with Dannenbaum Engineering Company, Dallas, LLC forFM 455 Water and Wastewater Utilities Relocations.City Engineer Tracy LaPiene summarized. He noted that Dannenbaum Engineering could not beavailable for tonight's teleconference meeting because of technical difficulties. He providedbackground, noting on December 3, 2018 the City executed a contract with DannenbaumEngineering Company for Engineering services associated with the FM 455 Water and WastewaterUtility Relocation necessary due to the TxDOT FM 455 project. The original contract projectdescription consisted of approximately 12,000 LF of new water and sewer pipeline, pipelinereplacements or relocations at numerous locations along FM 455 where utility conflicts with theproposed TxDOT improvements. Since then, numerous additional "required" utility relocations werediscovered necessary to facilitate the FM 455 design and construction. In addition, several"betterment" water pipelines may be needed to provide for improved operational efficiency andresilience, to foster proposed new development within the city limits, and comply with the City'sWater Master Plan documents. The proposed Water Betterment improvements will be designedand bid as alternate bids, with the City's discretion for accepting the additive alternatives if deemedacceptable and desirable by the City. Addendum 1 to this agreement provides for additional scopeof work for the increased required water and wastewater utilities as well as the betterment waterutilities. As per the documents attached to the Amendment it was noted that:The original scope of work is amended to include:Additional 6,609 LF of Required Water and Sanitary Sewer Relocations and Improvements various locations and sizes of pipelines and related appurtenances.Additional 3,963 LF of Betterment Water Improvements and related appurtenancesAdditional 1,200 LF of Required Water Relocation along the IH 35 Bridge Corridor.The original general scope of services phases and tasks description are to remain the same yetamended to include the added 11,772 LF of pipelines.There was lengthy discussion regarding the draft fee proposals and the breakdown detail. It wasdiscussed that the City would receive reimbursements for the portion of the IH35 project and therewas extensive discussion regarding the amounts/percentages that would be reimbursed to the City. These funds would be refunded by the federal government at the end of the project. There was alsodiscussion on the timing of the project and it was noted that one of the reasons Dannenbaum washired by the City as the Engineer for this project is because they are also the Engineer for TxDOT.A motion was made by Mayor Pro Tem Bilyeu to approve and authorize the Mayor to execute theAmendment 1 to the Engineering contract with Dannenbaum Engineering Company, Dallas, LLC forFM 455 Water and Wastewater Utilities Relocation. The motion was seconded by CouncilmemberChick. The vote was called by the City Secretary and the following Yea/Nay votes were recorded: Mayor Pro Tem Bilyeu voted YeaCouncilmember Barrett voted YeaCouncilmember Dillon voted YeaCouncilmember Clark voted YeaCouncilmember Chick voted YeaThe motion to approve carried unanimously (50 vote). 12.PSA Plummer Stream Restoration Phase 1 Amendment 1Consider, Discuss and Possibly Act on Approving and Authorizing the Mayor to Execute anAmendment to the Engineering Contract with Plummer Associates, Inc. for Stream Restoration forWastewater Treatment Plant.City Engineer Tracy LaPiene summarized. On September 16, 2019 City Council approved aProfessional Services Contract with Plummer Associates, Inc. for Stream Restoration for theWastewater Treatment Plant. This contract was for Phase I Preliminary Planning of the project,work associated with restoring the receiving stream below the wastewater treatment facility tocondition that eliminate Paddock Lake and stream restoration. Amendment 1 to this contract is toprovide additional scope of work to this phase of the project for Plummer to prepare a PreliminaryJurisdictional Determination (PJD) for the stream restoration project as ell as a Threatened andEndangered Species (T & E) review and to submit these documents to the U.S. Army Corp ofEngineers (USACE) for review and approval. The PJD and T & F would be requireddocumentation for the Section 404 permit application and would be used in part to determinewhether the project would be authorized under a Nationwide Permit or an Individual Permit. Itwould also be beneficial for the USACE to have the PJD to review prior to the site visit later thissummer. After general discussion of the project it was noted that this is a not to exceed contract andthis is within the scope. It was also noted through questioning that it would include the preparationof all documents. This would allow proceeding into phase two, and allow them to make formalapplication. It was also noted that we are waiting on the Corp to do a site survey in July.A motion was made by Councilmember Barrett to approve and authorize the Mayor to Execute anAmendment to the Engineering Contract with Plummer Associates, Inc. for Stream Restoration forWastewater Treatment Plant. The motion was seconded by Mayor Pro Tem Bilyeu. There was noadditional discussion. The vote was called by the City Secretary and the following Yea/Nay voteswere recorded: Mayor Pro Tem Bilyeu voted YeaCouncilmember Barrett voted YeaCouncilmember Dillon voted YeaCouncilmember Clark voted YeaCouncilmember Chick voted YeaThe motion to approve carried unanimously (50 vote). 13.Ordinance #041320 Budget Amendment FY 20192020Consider, Discuss and Act on Ordinance #041320 – Amending Ordinance #092519, WhichWill Amend the Budget for the 20192020 Fiscal Year and Authorizing Amended Expenditures asProvided; Providing for the Repeal of all Ordinances in Conflict; Providing for a Severability Clause;and Providing for an Effective Date. Finance Manager Clayton Gray summarized the budget amendment being proposed. He noted thatthis amendment provides for the $310,000 in expenditures related to the Acker and Cowling waterstorage facilities proposed by Mcguire Iron. Mayor Muir noted that this item is a precursor to thenext item. Mr. Jack Powell with Mcguire Iron and Director of Public Works Jim Berman answeredquestions the Council posed and it was noted that after the last Council Meeting staff met withClayton and discussed the feasibility of the more costly option of the dome roof for the CowlingRoad Ground Storage Tank. It was noted that the expenditures for this project will be paid from the2017 Certificates of Obligation. It was noted that the more expensive option of the dome roof wouldlast a lifetime if maintained and would be more beneficial for the City in the long term. A motion was made by Mayor Pro Tem Bilyeu to Approve Ordinance No. 041320 amendingOrdinance #092529 which will amend the budget for the 20192020 Fiscal Year and authorizeamended expenditures as provided; providing for the repeal of all ordinances in conflict; providingfor a severability clause and providing for an effective date. The motion was seconded byCouncilman Clark. The motion was seconded by Councilmember Clark. The vote was called bythe City Secretary and the following Yea/Nay votes were recorded: Mayor Pro Tem Bilyeu voted YeaCouncilmember Barrett voted YeaCouncilmember Dillon voted YeaCouncilmember Clark voted YeaCouncilmember Chick voted YeaThe motion to approve carried unanimously (50 vote).Finance Manager Clayton Gray summarized the budget amendment being proposed. He noted thatthis amendment provides for the $310,000 in expenditures related to the Acker and Cowling waterstorage facilities proposed by Mcguire Iron. Mayor Muir noted that this item is a precursor to thenext item. Mr. Jack Powell with Mcguire Iron and Director of Public Works Jim Berman answeredquestions the Council posed and it was noted that after the last Council Meeting staff met withClayton and discussed the feasibility of the more costly option of the dome roof for the CowlingRoad Ground Storage Tank. That this option would be more beneficial for the City in the long term.It was noted that the expenditures for this project will be paid from the 2017 Certificates ofObligation. 14.Change Orders Water Storage Tank RepairsConsider, Discuss, and Possibly Act on Changer Orders for the Repairs on the Acker Street andCowling Road Ground Storage Tanks, and Authorize the Mayor to Execute the Amendments to theContracts. Director of Public Works Jim Berman noted that he originally was not for the domed roof becauseof the possibility of additional infrastructure that may have needed repairs. He advised that since thelast meeting Mcguire Iron has inspected the rest of the infrastructure and they did not find additionallarge cost items. Mr. Jack Powell with Mcguire Iron confirmed the information relayed by Mr.Berman. There was no additional discussion. A motion was was made by Mayor Pro Tem Bilyeu to approve the Change Orders for the repairson the Acker Street and Cowling Road Ground Storage Tanks, and authorize the Mayor to executethe amendments to the contracts. The motion was seconded by Councilmember Clark. The vote was called by the City Secretary and the following Yea/Nay votes were recorded: Mayor Pro Tem Bilyeu voted YeaCouncilmember Barrett voted YeaCouncilmember Dillon voted YeaCouncilmember Clark voted YeaCouncilmember Chick voted YeaThe motion to approve carried unanimously (50 vote).15.Resolution No. 111619 Bylaws 4B CorporationConsider, Discuss and Act on Resolution No. 111619 Approving Amended Bylaws of the SangerTexas Development Corporation, Also Known as the Sanger Texas 4B Corporation and the SangerTexas Type B Development Corporation.Economic Director Shani Bradshaw provided a summary of the proposed 4B Bylaws. The 4BBylaws have been revised and reviewed by the City's legal counsel. There are some changes thatare minor in nature, and other changes were inserted to address titles, terms and other duties andresponsibilities of the Board of Directors. She noted that one of the changes which is the same aswas made in the 4A Bylaws is to stagger the terms. The 4A has a limit of three two year terms for atotal of six years. After that, a board director can apply again after one year has passed. The 4BBoard is different in that it has two year terms, but does not have a term limit. She also noted that adirector can be removed form the office by City Council at will without cause.
Ms. Bradshaw advised that another important item that was recently brought up that had been
overlooked or misinterpreted since these Bylaws have been in effect is the requirement that the
directors must be a resident of Sanger, Texas. After the question was brought up and speaking with
the City Attorney, this needs to be changed in accordance with the Texas Local Government Code,
that, each director must be a resident of the city, a resident of the county in which the major part of
the area of the city is located, or reside in a place that is within 10 miles of the city’s boundaries and
is in a county bordering the county in which a major portion of the city is located. There was
discussion regarding this and it was noted that it has been followed through the years and there have
been several members that follow these exact qualifications; also regarding the fact that someone on
the 4B Board could live in another County or 10 miles from the City's boundaries. Also discussed
was that a director may be removed from this office by City Council at will without cause.
A motion was made by Mayor Pro Tem Bilyeu to approve Resolution No. 111619 Approving the
Amended Bylaws of the Sanger Texas Type B Development Corporation with the added wording
on the staggered terms and the wording that, "Each director must be a resident of the city, a resident
of the County in which the major part of the area of the City is located, or reside in a place that is
within 10 miles of the City’s boundaries and is in a County bordering the County in which a major
portion of the City is located." The motion was seconded by Councilmember Dillon. The vote was
called by the City Secretary and the following Yea/Nay votes were recorded:
Mayor Pro Tem Bilyeu voted Yea
Councilmember Barrett voted Yea
Councilmember Dillon voted Yea
Councilmember Clark voted Yea
Councilmember Chick voted Yea
The motion to approve carried unanimously (50 vote).
16.Ordinance No. 051520 Revised Declaration of Disaster
Consider, Discuss and Act on Ordinance No. 051520 Amending Ordinance No. 031220 to
Renew and Continue the Mayor's Revised Declaration of Local Disaster Dated April 30, 2020.
Providing a Repealing Clause, Providing a Savings Clause, Providing a Severability Clause;
Providing for a Penalty of Fine Not to Exceed $1000 As Authorized by State Law for Each Offense
and Providing for An Effective Date.
Mayor Muir summarized noting that this Ordinance ratifies the Revised Declaration of Disaster he
signed on April 30th which also adopts the Governors Open Texas and keeps us in alignment with
Denton County Executive Orders.
A motion was made by Mayor Pro Tem Bilyeu to approve Ordinance No. 051520 amending
Ordinance No. 031220 to renew and continue the Mayor's revised Declaration of Local Disaster
date April 30, 2020. Providing a Repealing Clause, providing a Severability Clause; providing for a
penalty of fine not to exceed $1000 as authorized by State Law for each offense and providing for
an effective date. The motion was seconded by Councilmember Clark. The vote was called by the
City Secretary and the following Yea/Nay votes were recorded:
Mayor Pro Tem Bilyeu voted Yea
Councilmember Barrett voted Yea
Councilmember Dillon voted Yea
Councilmember Clark voted Yea
Page 9
CITY OF SANGER, TEXASMINUTES: REGULAR CITY COUNCIL MEETINGMonday, May 4, 2020 7:00 PM502 Elm Street, Sanger, TexasIMPORTANT NOTICE: MEETING HELD BY TELECONFERENCEMeetings will temporarily be held via teleconference and will not be held at Sanger CityHall. Effective March 16, 2020 Texas Governor Abbott suspended certain Open Meeting rulesto allow telephonic or videoconference meetings of government bodies that are accessible to thepublic to decrease large groups of people from assembling in order to advance the public healthgoal of limiting facetoface meetings to slow the spread of the Coronavirus (COVID19). Thesuspension temporarily removes the requirement that government officials and members of thepublic be physically present at a meeting location. A recording of the telephone conference willbe made available to the public in accordance with the Open Meetings Act, upon written requestfor up to 90 days after the official minutes of the meeting are approved. If you plan to speak orprovide public comments during the meeting please email citysecretary@sangertexas.org andindicate which item you would like to comment on. You will need to provide the City Secretaryyour name, address, and the name, and/or number you are calling into the conference with forrecognition purposes to allow you to speak during the item. In order to facilitate Public Hearingsduring the meeting, each name on the speaking list will be called in the order they were receivedand will be provided an opportunity to comment. You may also provide comments to the CitySecretary (citysecretary@sangertexas.org) regarding an item if you do not wish to speak, and theywill be emailed to the Mayor and Councilmembers before the meeting. Please provide yourcomments or requests to comment for all items no later than one (1) hour before the meeting. Thepublic may dial one of the the following numbers and enter the Meeting ID and Password to jointhe meeting. Tollfree numbers are available and noted on the list below:Meeting ID: 848 2984 2715Password: 019456Dial by your location+1 346 248 7799 US (Houston)+1 669 900 9128 US (San Jose)+1 253 215 8782 US (Tacoma)+1 646 558 8656 US (New York)+1 301 715 8592 US (Germantown)+1 312 626 6799 US (Chicago)888 475 4499 US Tollfree877 853 5257 US TollfreeCOUNCIL MEMBERS PRESENT:Mayor Thomas Muir; Mayor Pro Tem Gary Bilyeu; Councilmember Marissa Barrett;Councilmember Dennis Dillon; Councilmember Allen Chick; Councilmember David Clark,COUNCIL MEMBERS ABSENT:None.STAFF MEMBERS PRESENT:City Manager, Alina Ciocan; City Secretary Cheryl Price; Director of Finance Clayton Gray; CityEngineer Tracy LaPiene; Director of Public Works James Berman; Director of DevelopmentServices Ramie Hammonds; Director of Economic Development Shani Bradshaw; Director ofHuman Resources and Special Projects Jeriana Staton; Librarian and Social Media Laura Klenke; 1.Call Meeting to Order, Establish a Quorum (Roll Call), Invocation.Roll Call was called by the City Secretary. The Mayor and all five (5) Councilmembers were calledand present by teleconference constituting a quorum. There being a quorum present, the May May4, 2020 Regular City Council Meeting held by Teleconference was called to order at 7:07 p.m byMayor Muir. Mayor Muir provided the Invocation.The Teleconference open meeting rules allowing the meeting by teleconference were summarized byMayor Muir.2.CITIZEN INPUT:Mayor Muir solicited any citizens who wished to speak, There were no citizens speaking up on theteleconference call who wished to speak during Citizen Input.. 3.EXECUTIVE SESSION:a.Section 551.071(Texas Local Government Code) Consultation with AttorneysCity Council convened into Executive Session at 7:11 p.m.4.RECONVENE: OPEN MEETING:Mayor Muir advised that the Executive Session adjourned at 8:11 p.m. No action was taken duringExecutive Session. The Council will address action on the item during the regular agenda.A short break was taken; the Regular City Council Meeting reconvened at 8:17 p.m.5.CONSENT AGENDA:a.Approval of Minutes1.City Council Emergency Meeting Minutes 04142020Approve Minutes for the Emergency City Council Meeting of April 14, 2020.2.City Council Regular Meeting Minutes 04202020Approve City Council Regular Meeting Minutes for April 20, 2020 Meeting.A motion was made by Mayor Pro Tem Bilyeu to approve the Consent Agenda as presented. Themotion was seconded by Councilmember Dillon. The vote was called by the City Secretary and thefollowing Yea/Nay votes were recorded: Mayor Pro Tem Bilyeu voted YeaCouncilmember Barrett voted YeaCouncilmember Dillon voted YeaCouncilmember Clark voted YeaCouncilmember Chick voted YeaThe motion to approve carried unanimously (50 vote).6.Consider Any Items Removed from Consent Agenda.No items were removed from the Consent Agenda.REGULAR AGENDA7.Easement Acquisition: Wastewater InfrastructureConsider, Discuss and Possibly Act on Easement Acquisition for Wastewater Infrastructure.A motion was made by Mayor Pro Tem Bilyeu to direct the Attorney to proceed as discussed. Themotion was seconded by Councilmember Barrett. The vote was called by the City Secretary andthe following Yea/Nay votes were recorded: Mayor Pro Tem Bilyeu voted YeaCouncilmember Barrett voted YeaCouncilmember Dillon voted YeaCouncilmember Clark voted YeaCouncilmember Chick voted YeaThe motion to approve carried unanimously (50 vote). 8.Sure Steel Preliminary PlatConsider Discuss and Act on the Preliminary Plat of the Sure Steel Addition Being 4.166 Acres, inthe City of Sanger, and Generally Located Approximately 420 feet East of the Railroad on FM 455.Director of Development Services Ramie Hammonds summarized. The applicant is proposing tocreate one (1) industrial lot from one (1) unplatted tract of a 4.166 acre site zoned I2 (IndustrialDistrict2). The proposed project is for a 14,526 square foot industrial building that will consist ofoffice and warehouse space. Office and warehouse uses are permitted in the I2 zoning district. Theproperty will be served by the City of Sanger water, wastewater and electric. The Planning andZoning Commission approved the preliminary plat with a 60 vote on April 13, 2020. Staff hasfound the preliminary plat to be substantially in compliance with the Subdivision Regulations, andrecommends approval with a variance because of the configuration of the lot. There was briefdiscussion regarding the lot configuration and the buffer being provided. It was noted that all publicaccess easements, private roads and common areas are to be maintained by the property owner.A motion was made by Mayor Pro Tem Bilyeu to approve the Preliminary Plat of the Sure SteelAddition being 4.166 Acres in the City of Sanger and Generally located approximately 420 feet eastof the railroad on FM 455 with the following variance:1. Section 10.105.04C 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 be ordinarily exceed two and onehalf (2,5,:1),"The motion was seconded by Councilmember Clark. The vote was called by the City Secretaryand the following Yea/Nay votes were recorded: Mayor Pro Tem Bilyeu voted YeaCouncilmember Barrett voted YeaCouncilmember Dillon voted YeaCouncilmember Clark voted YeaCouncilmember Chick voted YeaThe motion to approve carried unanimously (50 vote). 9.Sable Creek Phase IV Final PlatConsider, Discuss, and Act on a Final Plat of Sable Creek Addition Phase IV, Being 12.697 Acres,Generally Located East of Railroad Line, South of FM 455 and North of East Willow Street.Director of Development Services Ramie Hammonds summarized. The applicant is proposing todevelop 50 residential lots in Phase IV of Sable Creek Addition. The property is located in SF 7zoning district and meets all of the SF7 requirements. The property will be served by the City ofSanger water and wastewater and CoServ Electric. The Planning and Zoning Commissionapproved the final plat with a 60 vote on April 13, 2020. This is a companion case on the agenda:Phase V of the Sable Creek Addition. There are no variances on this plat. There was lengthydiscussion regarding access points into the park area and it was consensus of the Council that theywould like to see access points intothe subdivision into the open space area. Mr. Shafer Harris with Allison Engineering group was recognized and noted that this was justdiscussed today and that the plat has potential to add access points at Mockingbird and Creeksideat the bottom of the culdesac and between Lot 20 and 21 where there is a 15 foot easement foran underground pipe. Also generally discussed was Lot 46X and Lot 7X. He noted it would be upto the developer, but that they could make some adjustments and come up with some access thepark area. Ms. Hammonds noted the concern regarding some of the access points and it beingnecessary for steps and requirements for ADA access. Mayor Muir noted that he and Councilappreciated them working with staff on the access. Mayor Pro Tem Bilyeu asked if since this is afinal plat, could these adjustments be made. Ms. Hammonds noted they could be added to the finalplat. It was also noted that all of the common areas, drainage easements and detention facilities willbe maintained by the HOA.A motion was made by Mayor Pro Tem Bilyeu to approve Sable Creek Phase IV final plat being12.697 acres, generally located east of railroad line, south of FM 455 and north of East WillowStreet contingent on adding as many accesses as possible (2 to 3 access points) to the adjacent parkland. The motion was seconded by Councilmember Barrett. The vote was called by the CitySecretary and the following Yea/Nay votes were recorded: Mayor Pro Tem Bilyeu voted YeaCouncilmember Barrett voted YeaCouncilmember Dillon voted YeaCouncilmember Clark voted YeaCouncilmember Chick voted YeaThe motion to approve carried unanimously (50 vote). 10.Sable Creek Phase V Final PlatConsider, Discuss, and Act on a Final Plat of Sable Creek Addition Phase V, Being 17.886 Acres,Generally Located East of Railroad Line, South of FM 455 and North of East Willow Street.Director of Development Services Ramie Hammonds summarized. This is the companion item tothe previous Agenda Item, Phase IV of Sable Creek. The applicant is proposing to develop 26residential lots and two open space lots in Phase V of Sable Creek Addition consisting of 17.886acres. The property is located in SF7 zoning district and meets all of the SF7 districtrequirements. The property will be served by the City of Sanger water, wastewater and SangerElectric. The Planning and Zoning Commission approved the Final Plat with a 60 vote on April 13,2020. There are no variances on this plat.There was discussion regarding the buffer requirementsand it was noted there was fencing and landscape buffering. It was also noted that all of thecommon areas, drainage easements and detention facilities, including Block K, will be maintained bythe HOA.A motion was made by Councilmember Barrett to approve Sable Creek Phase V, being 17.886Acres generally located east of railroad line, south of FM 455 and north of East Willow Street. Themotion was seconded by Councilmember Dillon. The vote was called by the City Secretary andthe following Yea/Nay votes were recorded: Mayor Pro Tem Bilyeu voted YeaCouncilmember Barrett voted YeaCouncilmember Dillon voted YeaCouncilmember Clark voted YeaCouncilmember Chick voted YeaThe motion to approve carried unanimously (50 vote). 11.FM 455 Utility Relocation Dannenbaum PSA Amendment 1Consider, Discuss and Possibly Act on Approving and Authorizing the Mayor to ExecuteAmendment 1 to the Engineering Contract with Dannenbaum Engineering Company, Dallas, LLC forFM 455 Water and Wastewater Utilities Relocations.City Engineer Tracy LaPiene summarized. He noted that Dannenbaum Engineering could not beavailable for tonight's teleconference meeting because of technical difficulties. He providedbackground, noting on December 3, 2018 the City executed a contract with DannenbaumEngineering Company for Engineering services associated with the FM 455 Water and WastewaterUtility Relocation necessary due to the TxDOT FM 455 project. The original contract projectdescription consisted of approximately 12,000 LF of new water and sewer pipeline, pipelinereplacements or relocations at numerous locations along FM 455 where utility conflicts with theproposed TxDOT improvements. Since then, numerous additional "required" utility relocations werediscovered necessary to facilitate the FM 455 design and construction. In addition, several"betterment" water pipelines may be needed to provide for improved operational efficiency andresilience, to foster proposed new development within the city limits, and comply with the City'sWater Master Plan documents. The proposed Water Betterment improvements will be designedand bid as alternate bids, with the City's discretion for accepting the additive alternatives if deemedacceptable and desirable by the City. Addendum 1 to this agreement provides for additional scopeof work for the increased required water and wastewater utilities as well as the betterment waterutilities. As per the documents attached to the Amendment it was noted that:The original scope of work is amended to include:Additional 6,609 LF of Required Water and Sanitary Sewer Relocations and Improvements various locations and sizes of pipelines and related appurtenances.Additional 3,963 LF of Betterment Water Improvements and related appurtenancesAdditional 1,200 LF of Required Water Relocation along the IH 35 Bridge Corridor.The original general scope of services phases and tasks description are to remain the same yetamended to include the added 11,772 LF of pipelines.There was lengthy discussion regarding the draft fee proposals and the breakdown detail. It wasdiscussed that the City would receive reimbursements for the portion of the IH35 project and therewas extensive discussion regarding the amounts/percentages that would be reimbursed to the City. These funds would be refunded by the federal government at the end of the project. There was alsodiscussion on the timing of the project and it was noted that one of the reasons Dannenbaum washired by the City as the Engineer for this project is because they are also the Engineer for TxDOT.A motion was made by Mayor Pro Tem Bilyeu to approve and authorize the Mayor to execute theAmendment 1 to the Engineering contract with Dannenbaum Engineering Company, Dallas, LLC forFM 455 Water and Wastewater Utilities Relocation. The motion was seconded by CouncilmemberChick. The vote was called by the City Secretary and the following Yea/Nay votes were recorded: Mayor Pro Tem Bilyeu voted YeaCouncilmember Barrett voted YeaCouncilmember Dillon voted YeaCouncilmember Clark voted YeaCouncilmember Chick voted YeaThe motion to approve carried unanimously (50 vote). 12.PSA Plummer Stream Restoration Phase 1 Amendment 1Consider, Discuss and Possibly Act on Approving and Authorizing the Mayor to Execute anAmendment to the Engineering Contract with Plummer Associates, Inc. for Stream Restoration forWastewater Treatment Plant.City Engineer Tracy LaPiene summarized. On September 16, 2019 City Council approved aProfessional Services Contract with Plummer Associates, Inc. for Stream Restoration for theWastewater Treatment Plant. This contract was for Phase I Preliminary Planning of the project,work associated with restoring the receiving stream below the wastewater treatment facility tocondition that eliminate Paddock Lake and stream restoration. Amendment 1 to this contract is toprovide additional scope of work to this phase of the project for Plummer to prepare a PreliminaryJurisdictional Determination (PJD) for the stream restoration project as ell as a Threatened andEndangered Species (T & E) review and to submit these documents to the U.S. Army Corp ofEngineers (USACE) for review and approval. The PJD and T & F would be requireddocumentation for the Section 404 permit application and would be used in part to determinewhether the project would be authorized under a Nationwide Permit or an Individual Permit. Itwould also be beneficial for the USACE to have the PJD to review prior to the site visit later thissummer. After general discussion of the project it was noted that this is a not to exceed contract andthis is within the scope. It was also noted through questioning that it would include the preparationof all documents. This would allow proceeding into phase two, and allow them to make formalapplication. It was also noted that we are waiting on the Corp to do a site survey in July.A motion was made by Councilmember Barrett to approve and authorize the Mayor to Execute anAmendment to the Engineering Contract with Plummer Associates, Inc. for Stream Restoration forWastewater Treatment Plant. The motion was seconded by Mayor Pro Tem Bilyeu. There was noadditional discussion. The vote was called by the City Secretary and the following Yea/Nay voteswere recorded: Mayor Pro Tem Bilyeu voted YeaCouncilmember Barrett voted YeaCouncilmember Dillon voted YeaCouncilmember Clark voted YeaCouncilmember Chick voted YeaThe motion to approve carried unanimously (50 vote). 13.Ordinance #041320 Budget Amendment FY 20192020Consider, Discuss and Act on Ordinance #041320 – Amending Ordinance #092519, WhichWill Amend the Budget for the 20192020 Fiscal Year and Authorizing Amended Expenditures asProvided; Providing for the Repeal of all Ordinances in Conflict; Providing for a Severability Clause;and Providing for an Effective Date. Finance Manager Clayton Gray summarized the budget amendment being proposed. He noted thatthis amendment provides for the $310,000 in expenditures related to the Acker and Cowling waterstorage facilities proposed by Mcguire Iron. Mayor Muir noted that this item is a precursor to thenext item. Mr. Jack Powell with Mcguire Iron and Director of Public Works Jim Berman answeredquestions the Council posed and it was noted that after the last Council Meeting staff met withClayton and discussed the feasibility of the more costly option of the dome roof for the CowlingRoad Ground Storage Tank. It was noted that the expenditures for this project will be paid from the2017 Certificates of Obligation. It was noted that the more expensive option of the dome roof wouldlast a lifetime if maintained and would be more beneficial for the City in the long term. A motion was made by Mayor Pro Tem Bilyeu to Approve Ordinance No. 041320 amendingOrdinance #092529 which will amend the budget for the 20192020 Fiscal Year and authorizeamended expenditures as provided; providing for the repeal of all ordinances in conflict; providingfor a severability clause and providing for an effective date. The motion was seconded byCouncilman Clark. The motion was seconded by Councilmember Clark. The vote was called bythe City Secretary and the following Yea/Nay votes were recorded: Mayor Pro Tem Bilyeu voted YeaCouncilmember Barrett voted YeaCouncilmember Dillon voted YeaCouncilmember Clark voted YeaCouncilmember Chick voted YeaThe motion to approve carried unanimously (50 vote).Finance Manager Clayton Gray summarized the budget amendment being proposed. He noted thatthis amendment provides for the $310,000 in expenditures related to the Acker and Cowling waterstorage facilities proposed by Mcguire Iron. Mayor Muir noted that this item is a precursor to thenext item. Mr. Jack Powell with Mcguire Iron and Director of Public Works Jim Berman answeredquestions the Council posed and it was noted that after the last Council Meeting staff met withClayton and discussed the feasibility of the more costly option of the dome roof for the CowlingRoad Ground Storage Tank. That this option would be more beneficial for the City in the long term.It was noted that the expenditures for this project will be paid from the 2017 Certificates ofObligation. 14.Change Orders Water Storage Tank RepairsConsider, Discuss, and Possibly Act on Changer Orders for the Repairs on the Acker Street andCowling Road Ground Storage Tanks, and Authorize the Mayor to Execute the Amendments to theContracts. Director of Public Works Jim Berman noted that he originally was not for the domed roof becauseof the possibility of additional infrastructure that may have needed repairs. He advised that since thelast meeting Mcguire Iron has inspected the rest of the infrastructure and they did not find additionallarge cost items. Mr. Jack Powell with Mcguire Iron confirmed the information relayed by Mr.Berman. There was no additional discussion. A motion was was made by Mayor Pro Tem Bilyeu to approve the Change Orders for the repairson the Acker Street and Cowling Road Ground Storage Tanks, and authorize the Mayor to executethe amendments to the contracts. The motion was seconded by Councilmember Clark. The vote was called by the City Secretary and the following Yea/Nay votes were recorded: Mayor Pro Tem Bilyeu voted YeaCouncilmember Barrett voted YeaCouncilmember Dillon voted YeaCouncilmember Clark voted YeaCouncilmember Chick voted YeaThe motion to approve carried unanimously (50 vote).15.Resolution No. 111619 Bylaws 4B CorporationConsider, Discuss and Act on Resolution No. 111619 Approving Amended Bylaws of the SangerTexas Development Corporation, Also Known as the Sanger Texas 4B Corporation and the SangerTexas Type B Development Corporation.Economic Director Shani Bradshaw provided a summary of the proposed 4B Bylaws. The 4BBylaws have been revised and reviewed by the City's legal counsel. There are some changes thatare minor in nature, and other changes were inserted to address titles, terms and other duties andresponsibilities of the Board of Directors. She noted that one of the changes which is the same aswas made in the 4A Bylaws is to stagger the terms. The 4A has a limit of three two year terms for atotal of six years. After that, a board director can apply again after one year has passed. The 4BBoard is different in that it has two year terms, but does not have a term limit. She also noted that adirector can be removed form the office by City Council at will without cause. Ms. Bradshaw advised that another important item that was recently brought up that had beenoverlooked or misinterpreted since these Bylaws have been in effect is the requirement that thedirectors must be a resident of Sanger, Texas. After the question was brought up and speaking withthe City Attorney, this needs to be changed in accordance with the Texas Local Government Code,that, each director must be a resident of the city, a resident of the county in which the major part ofthe area of the city is located, or reside in a place that is within 10 miles of the city’s boundaries andis in a county bordering the county in which a major portion of the city is located. There wasdiscussion regarding this and it was noted that it has been followed through the years and there havebeen several members that follow these exact qualifications; also regarding the fact that someone onthe 4B Board could live in another County or 10 miles from the City's boundaries. Also discussedwas that a director may be removed from this office by City Council at will without cause.A motion was made by Mayor Pro Tem Bilyeu to approve Resolution No. 111619 Approving theAmended Bylaws of the Sanger Texas Type B Development Corporation with the added wordingon the staggered terms and the wording that, "Each director must be a resident of the city, a residentof the County in which the major part of the area of the City is located, or reside in a place that iswithin 10 miles of the City’s boundaries and is in a County bordering the County in which a majorportion of the City is located." The motion was seconded by Councilmember Dillon. The vote wascalled by the City Secretary and the following Yea/Nay votes were recorded: Mayor Pro Tem Bilyeu voted YeaCouncilmember Barrett voted YeaCouncilmember Dillon voted YeaCouncilmember Clark voted YeaCouncilmember Chick voted YeaThe motion to approve carried unanimously (50 vote). 16.Ordinance No. 051520 Revised Declaration of DisasterConsider, Discuss and Act on Ordinance No. 051520 Amending Ordinance No. 031220 toRenew and Continue the Mayor's Revised Declaration of Local Disaster Dated April 30, 2020.Providing a Repealing Clause, Providing a Savings Clause, Providing a Severability Clause;Providing for a Penalty of Fine Not to Exceed $1000 As Authorized by State Law for Each Offenseand Providing for An Effective Date.Mayor Muir summarized noting that this Ordinance ratifies the Revised Declaration of Disaster hesigned on April 30th which also adopts the Governors Open Texas and keeps us in alignment withDenton County Executive Orders.A motion was made by Mayor Pro Tem Bilyeu to approve Ordinance No. 051520 amendingOrdinance No. 031220 to renew and continue the Mayor's revised Declaration of Local Disasterdate April 30, 2020. Providing a Repealing Clause, providing a Severability Clause; providing for apenalty of fine not to exceed $1000 as authorized by State Law for each offense and providing foran effective date. The motion was seconded by Councilmember Clark. The vote was called by theCity Secretary and the following Yea/Nay votes were recorded: Mayor Pro Tem Bilyeu voted YeaCouncilmember Barrett voted Yea
Councilmember Dillon voted Yea
Councilmember Clark voted Yea
Councilmember Chick voted Yea
The motion to approve carried unanimously (50 vote).
17.INFORMATION ITEMS:
a.Update Related to the City of Sanger's Response to COVID19
Director of Human Resources and Special Projects Jeriana Staton provided a detailed summary of
all of the steps implemented to protect employees who started back to work today, and the steps to
protect the employees and the public as the City is tentatively opening to the public next Monday,
May 11th. This information is being disseminated to the public through the website and social media.
18.FUTURE AGENDA ITEMS:
There were no future agenda items discussed.
19.ADJOURN.
There being no further agenda items for discussion the meeting adjourned at 9:55 p.m.
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