06/15/2020-CC-Minutes-RegularMINUTES
CITY COUNCIL REGULAR MEETING
MONDAY, JUNE 15, 2020
7:00 PM
HISTORIC CHURCH BUILDING 403 NORTH 7th STREET
SANGER, TEXAS
COUNCIL MEMBERS PRESENT:
Mayor Thomas Muir; Mayor Pro Tem Gary Bilyeu; Councilmember Marissa Barrett;
Councilmember Dennis Dillon; Councilmember David Clark; Councilmember Allen Chick.
COUNCIL MEMBERS ABSENT:
None.
STAFF MEMBERS PRESENT:
City Manager Alina Ciocan; City Secretary Cheryl Price; Ramie Hammonds Director of
Development Services; City Engineer Tracy LaPiene; Librarian/Social Media Laura Klenke; Police
Officer Josh Bishop.
1.Call Meeting to Order, Invocation, Pledge of Allegiance.
There being a quorum present at the June 15, 2020 Regular City Council Meeting, the meeting was
called to order by Mayor Muir at 7:15 p.m. The Invocation was given Councilmember Dillon and
the Pledge of Allegiance was led by Councilmember Barrett.
2.CITIZEN INPUT:
Mr. Dave McClaren, 132 Shady Grove Drive, Sanger was recognized. He thanked the Council for
the expeditious remarking at Keaton Road and 5th Street. He made a short presentation on the
Legion Community Service and stated that he would love to hear of any community needs for
veterans. He noted that the American Legion is here to help at any time. They also have the
addition of the American Riders who are not a motorcycle gang, but who escort veterans to their
final resting ground and make sure they are honored 100%. He introduced Mr. R.J. Cline the leader
of the Patriot Guard. Their primary mission is support the community veterans and support the
community as well. They will help with storm debris, etc. They recently participated in parades for
high school graduates and also do funerals and everything in between. They are willing to participate
and help in any community events and do car shows, etc. Mr. McClaren noted on other item which
he wanted to bring to the Council's attention. At Keaton and 5th there is an issue with the storm
water. Every time there is a good rain the lid on the storm sewer lifts up off of the ground and water
gushes through and keeps the lid up. He asked if they could get staff to take a look at it.
3.CONSENT AGENDA:
Page 1
MINUTESCITY COUNCIL REGULAR MEETINGMONDAY, JUNE 15, 20207:00 PMHISTORIC CHURCH BUILDING 403 NORTH 7th STREETSANGER, TEXASCOUNCIL MEMBERS PRESENT:Mayor Thomas Muir; Mayor Pro Tem Gary Bilyeu; Councilmember Marissa Barrett;Councilmember Dennis Dillon; Councilmember David Clark; Councilmember Allen Chick.COUNCIL MEMBERS ABSENT:None.STAFF MEMBERS PRESENT:City Manager Alina Ciocan; City Secretary Cheryl Price; Ramie Hammonds Director ofDevelopment Services; City Engineer Tracy LaPiene; Librarian/Social Media Laura Klenke; PoliceOfficer Josh Bishop.1.Call Meeting to Order, Invocation, Pledge of Allegiance.There being a quorum present at the June 15, 2020 Regular City Council Meeting, the meeting wascalled to order by Mayor Muir at 7:15 p.m. The Invocation was given Councilmember Dillon andthe Pledge of Allegiance was led by Councilmember Barrett.2.CITIZEN INPUT:Mr. Dave McClaren, 132 Shady Grove Drive, Sanger was recognized. He thanked the Council forthe expeditious remarking at Keaton Road and 5th Street. He made a short presentation on theLegion Community Service and stated that he would love to hear of any community needs forveterans. He noted that the American Legion is here to help at any time. They also have theaddition of the American Riders who are not a motorcycle gang, but who escort veterans to theirfinal resting ground and make sure they are honored 100%. He introduced Mr. R.J. Cline the leaderof the Patriot Guard. Their primary mission is support the community veterans and support thecommunity as well. They will help with storm debris, etc. They recently participated in parades forhigh school graduates and also do funerals and everything in between. They are willing to participateand help in any community events and do car shows, etc. Mr. McClaren noted on other item whichhe wanted to bring to the Council's attention. At Keaton and 5th there is an issue with the stormwater. Every time there is a good rain the lid on the storm sewer lifts up off of the ground and watergushes through and keeps the lid up. He asked if they could get staff to take a look at it.
3.CONSENT AGENDA:
a.Approval of Minutes
1.City Council Work Session Minutes 0612020
Approval of the City Council Work Session Minutes for the June 1, 2020 Meeting.
2.City Council Regular Meeting Minutes 0612020
Approve Regular City Council Minutes for June 1, 2020 Meeting.
3.City Council Emergency Meeting June 3, 2020
Approve the Minutes for the June 3, 2020 City Council Emergency Meeting.
4.Consider Any Items Removed from Consent Agenda.
b. Appointment of Tracy LaPiene to WCAC
Approve Resolution No. 060120 Appointing Tracy A. LaPiene as the City of Sanger
Representative to the Regional Treated Waer System Water Advisory Council (WCAC).
City Engineer Tracy LaPiene was recognized to summarize the item. He explained that as a
customer of the Upper Trinity Regional Water District Customer we are allowed to appoint one
person to their committee to give them input on technical assistance on their water supply system.
He noted the meet around three times a year . There is no expiration date. He noted this position
has been vacant since the previous Engineer Rob Woods left. This is basically an advisory board to
the Upper Trinity. A motion was made by Councilmember Clark to Approve Resolution No. 6120
appointing Tracy A. LaPiene as the City of Sanger Representative to the Regional Treated Water
System Water Advisory Council (WCAC). The motion was seconded by Mayor Pro Tem Bilyeu.
The Motion carried unanimously (50).
REGULAR AGENDA
5.Variance Sanger Meadows
Consider, Discuss, and Possibly Act on a Variance from Chapter 10 Subdivision Regulations –
Section 10.106.b.2.A.i Improvements.
Director of Development Services Ramie Hammonds summarized. The applicant is building a 126
lot residential development in the ETJ. He is requesting a variance in our code requirement that
states " The subdivider shall, at his own cost and expense, pay for constructing all residential streets
and alley within his subdivision and onehalf (1/2) of all existing and/or proposed perimeter streets.
Monies for the construction of the onhalf (1/2) street shall be placed in an escrow account if the
construction of the street is to be deferred to a later date." He is asking for a variance for having to
pay the fees or construct the 1/2 of the streets.
City Engineer Tracy LaPiene was recognized and elaborated in detail on the requirements regarding
the 1/2 improvement of the adjacent County roads (View Road and Metz Road) and what the
County Master Plan is for the roads. He summarized all of the options available. He noted that the
County sent a memo noting that they would support the City's effort to apply the rules and
Page 2
MINUTESCITY COUNCIL REGULAR MEETINGMONDAY, JUNE 15, 20207:00 PMHISTORIC CHURCH BUILDING 403 NORTH 7th STREETSANGER, TEXASCOUNCIL MEMBERS PRESENT:Mayor Thomas Muir; Mayor Pro Tem Gary Bilyeu; Councilmember Marissa Barrett;Councilmember Dennis Dillon; Councilmember David Clark; Councilmember Allen Chick.COUNCIL MEMBERS ABSENT:None.STAFF MEMBERS PRESENT:City Manager Alina Ciocan; City Secretary Cheryl Price; Ramie Hammonds Director ofDevelopment Services; City Engineer Tracy LaPiene; Librarian/Social Media Laura Klenke; PoliceOfficer Josh Bishop.1.Call Meeting to Order, Invocation, Pledge of Allegiance.There being a quorum present at the June 15, 2020 Regular City Council Meeting, the meeting wascalled to order by Mayor Muir at 7:15 p.m. The Invocation was given Councilmember Dillon andthe Pledge of Allegiance was led by Councilmember Barrett.2.CITIZEN INPUT:Mr. Dave McClaren, 132 Shady Grove Drive, Sanger was recognized. He thanked the Council forthe expeditious remarking at Keaton Road and 5th Street. He made a short presentation on theLegion Community Service and stated that he would love to hear of any community needs forveterans. He noted that the American Legion is here to help at any time. They also have theaddition of the American Riders who are not a motorcycle gang, but who escort veterans to theirfinal resting ground and make sure they are honored 100%. He introduced Mr. R.J. Cline the leaderof the Patriot Guard. Their primary mission is support the community veterans and support thecommunity as well. They will help with storm debris, etc. They recently participated in parades forhigh school graduates and also do funerals and everything in between. They are willing to participateand help in any community events and do car shows, etc. Mr. McClaren noted on other item whichhe wanted to bring to the Council's attention. At Keaton and 5th there is an issue with the stormwater. Every time there is a good rain the lid on the storm sewer lifts up off of the ground and watergushes through and keeps the lid up. He asked if they could get staff to take a look at it. 3.CONSENT AGENDA:a.Approval of Minutes1.City Council Work Session Minutes 0612020Approval of the City Council Work Session Minutes for the June 1, 2020 Meeting.2.City Council Regular Meeting Minutes 0612020Approve Regular City Council Minutes for June 1, 2020 Meeting.3.City Council Emergency Meeting June 3, 2020Approve the Minutes for the June 3, 2020 City Council Emergency Meeting.4.Consider Any Items Removed from Consent Agenda.b. Appointment of Tracy LaPiene to WCACApprove Resolution No. 060120 Appointing Tracy A. LaPiene as the City of Sanger Representative to the Regional Treated Waer System Water Advisory Council (WCAC).City Engineer Tracy LaPiene was recognized to summarize the item. He explained that as acustomer of the Upper Trinity Regional Water District Customer we are allowed to appoint oneperson to their committee to give them input on technical assistance on their water supply system. He noted the meet around three times a year . There is no expiration date. He noted this positionhas been vacant since the previous Engineer Rob Woods left. This is basically an advisory board tothe Upper Trinity. A motion was made by Councilmember Clark to Approve Resolution No. 6120appointing Tracy A. LaPiene as the City of Sanger Representative to the Regional Treated WaterSystem Water Advisory Council (WCAC). The motion was seconded by Mayor Pro Tem Bilyeu. The Motion carried unanimously (50). REGULAR AGENDA5.Variance Sanger MeadowsConsider, Discuss, and Possibly Act on a Variance from Chapter 10 Subdivision Regulations –Section 10.106.b.2.A.i Improvements.Director of Development Services Ramie Hammonds summarized. The applicant is building a 126lot residential development in the ETJ. He is requesting a variance in our code requirement thatstates " The subdivider shall, at his own cost and expense, pay for constructing all residential streetsand alley within his subdivision and onehalf (1/2) of all existing and/or proposed perimeter streets. Monies for the construction of the onhalf (1/2) street shall be placed in an escrow account if theconstruction of the street is to be deferred to a later date." He is asking for a variance for having topay the fees or construct the 1/2 of the streets.City Engineer Tracy LaPiene was recognized and elaborated in detail on the requirements regardingthe 1/2 improvement of the adjacent County roads (View Road and Metz Road) and what the
County Master Plan is for the roads. He summarized all of the options available. He noted that the
County sent a memo noting that they would support the City's effort to apply the rules and
regulations currently enacted by the City. Mr. LaPiene concluded that he does not have the
authority to make the call for a variance, and that it would be up to the City Council. Mr. LaPiene
also noted that if there is something that needs to be changed in the code in some way, that he just
needs direction and we can look at making changes to the code. Mayor Muir voiced his concerns
regarding the challenges we have with the developments in our ETJ. He noted there are conflicting
standards both less or more and we have an interlocal that says the more stringent standard
applies. He summarized scenarios when within the City limits and noted the difference with an
example, when the property is not within the City limit our ordinance says we need to construct
concrete streets; however, the county says they will not maintain concrete streets. He noted that
these items have not been enforced and that the City Engineer is absolutely right in his calculations,
however this has not been the standard. Mayor Muir noted he had spoken with several individuals
to find out what would be the solution and the right thing to do. He found out that it does not seem
to be the current standard in Denton County. Also, that the County does not have a mechanism to
hold the money for payment in lieu, and the City is not going to pay to put a road in the County that
is not going to be maintained. If, after five years the money is not used it goes back to the
developer. Mayor Muir noted that the problem is the Interlocal with the County and he has asked
staff to go meet with Denton County regarding it. He noted that if we need to adjust the Code to be
more specific for the ETJ, and then, that is what we need to do regardless of the outcome of this
item tonight. Staff noted that the Subdivision Ordinance was really designed to be applied within the
City limits and when we try to apply it to the ETJ, that is when we have conflicts in some areas.
Lengthy discussion ensued. Mayor Muir noted that the applicant is present if there are any
questions.
Tim Fleet, developer of Sanger Meadows was recognized and summarized his project and noted
that he has a proposal. He noted that the problem that the City is having, is that the City is taking its
subdivision ordinance and trying to apply it to rural subdivisions. He noted that he was willing to pay
a municipal attorney and even the City's Attorney to assist the City in coming up with a new
subdivision ordinance for rural subdivisions in the ETJ. Mr. Fleet noted he would escrow $30,000
for this or pay the attorney fees direct. Mr. Fleet also offered he would have the attorney take the
Ordinance to Denton County and try to get it approved. He summarized and elaborated on the
requirements in the memorandum he received noting that the City's ordinance and requirements for
his portion of road improvements. He noted he wants to do the right thing and be though of as a
good developer. He would like to come out to Sanger again and develop subdivisions. He noted he
would answer any questions.
Mayor Muir noted that one of the things that has been enforced is the rightof ways and all of the
right of way has been given. Mr. Fleet confirmed that he did dedicate the rightofway for the
roads. Mayor Pro Tem Bilyeu noted that this has been an issue from the beginning and another 126
homes is only going to make the road issue worse in time. He noted his concerns that these are
some real issues and they are only going to get worse. We need to get this resolved sooner than later
or we are going to continue to have this problem. We need the County support and need to work
with the County on this sooner rather than later. Councilmember Chick noted that the City needs to
get with the County and hammer out an understanding that works for them and works for us. It is an
issue that we just have to take care of because it is potentially going to be a problem in the future.
Mayor Muir noted that he and the Council are not trying to put an extra burden on staff, but as soon
as we can reasonably do it, staff needs to get this taken care of. Mayor Muir noted to Mr. Fleet that
the City could not accept his money. Mr. Fleet noted that the $30,000 is just to improve the City's
ordinance, That he would write the City a check for that purpose. Both Mayor Muir and Mayor
Pro Tem Bilyeu advised that City could not accept the money which was also echoed by other
Page 3
MINUTESCITY COUNCIL REGULAR MEETINGMONDAY, JUNE 15, 20207:00 PMHISTORIC CHURCH BUILDING 403 NORTH 7th STREETSANGER, TEXASCOUNCIL MEMBERS PRESENT:Mayor Thomas Muir; Mayor Pro Tem Gary Bilyeu; Councilmember Marissa Barrett;Councilmember Dennis Dillon; Councilmember David Clark; Councilmember Allen Chick.COUNCIL MEMBERS ABSENT:None.STAFF MEMBERS PRESENT:City Manager Alina Ciocan; City Secretary Cheryl Price; Ramie Hammonds Director ofDevelopment Services; City Engineer Tracy LaPiene; Librarian/Social Media Laura Klenke; PoliceOfficer Josh Bishop.1.Call Meeting to Order, Invocation, Pledge of Allegiance.There being a quorum present at the June 15, 2020 Regular City Council Meeting, the meeting wascalled to order by Mayor Muir at 7:15 p.m. The Invocation was given Councilmember Dillon andthe Pledge of Allegiance was led by Councilmember Barrett.2.CITIZEN INPUT:Mr. Dave McClaren, 132 Shady Grove Drive, Sanger was recognized. He thanked the Council forthe expeditious remarking at Keaton Road and 5th Street. He made a short presentation on theLegion Community Service and stated that he would love to hear of any community needs forveterans. He noted that the American Legion is here to help at any time. They also have theaddition of the American Riders who are not a motorcycle gang, but who escort veterans to theirfinal resting ground and make sure they are honored 100%. He introduced Mr. R.J. Cline the leaderof the Patriot Guard. Their primary mission is support the community veterans and support thecommunity as well. They will help with storm debris, etc. They recently participated in parades forhigh school graduates and also do funerals and everything in between. They are willing to participateand help in any community events and do car shows, etc. Mr. McClaren noted on other item whichhe wanted to bring to the Council's attention. At Keaton and 5th there is an issue with the stormwater. Every time there is a good rain the lid on the storm sewer lifts up off of the ground and watergushes through and keeps the lid up. He asked if they could get staff to take a look at it. 3.CONSENT AGENDA:a.Approval of Minutes1.City Council Work Session Minutes 0612020Approval of the City Council Work Session Minutes for the June 1, 2020 Meeting.2.City Council Regular Meeting Minutes 0612020Approve Regular City Council Minutes for June 1, 2020 Meeting.3.City Council Emergency Meeting June 3, 2020Approve the Minutes for the June 3, 2020 City Council Emergency Meeting.4.Consider Any Items Removed from Consent Agenda.b. Appointment of Tracy LaPiene to WCACApprove Resolution No. 060120 Appointing Tracy A. LaPiene as the City of Sanger Representative to the Regional Treated Waer System Water Advisory Council (WCAC).City Engineer Tracy LaPiene was recognized to summarize the item. He explained that as acustomer of the Upper Trinity Regional Water District Customer we are allowed to appoint oneperson to their committee to give them input on technical assistance on their water supply system. He noted the meet around three times a year . There is no expiration date. He noted this positionhas been vacant since the previous Engineer Rob Woods left. This is basically an advisory board tothe Upper Trinity. A motion was made by Councilmember Clark to Approve Resolution No. 6120appointing Tracy A. LaPiene as the City of Sanger Representative to the Regional Treated WaterSystem Water Advisory Council (WCAC). The motion was seconded by Mayor Pro Tem Bilyeu. The Motion carried unanimously (50). REGULAR AGENDA5.Variance Sanger MeadowsConsider, Discuss, and Possibly Act on a Variance from Chapter 10 Subdivision Regulations –Section 10.106.b.2.A.i Improvements.Director of Development Services Ramie Hammonds summarized. The applicant is building a 126lot residential development in the ETJ. He is requesting a variance in our code requirement thatstates " The subdivider shall, at his own cost and expense, pay for constructing all residential streetsand alley within his subdivision and onehalf (1/2) of all existing and/or proposed perimeter streets. Monies for the construction of the onhalf (1/2) street shall be placed in an escrow account if theconstruction of the street is to be deferred to a later date." He is asking for a variance for having topay the fees or construct the 1/2 of the streets.City Engineer Tracy LaPiene was recognized and elaborated in detail on the requirements regardingthe 1/2 improvement of the adjacent County roads (View Road and Metz Road) and what theCounty Master Plan is for the roads. He summarized all of the options available. He noted that theCounty sent a memo noting that they would support the City's effort to apply the rules andregulations currently enacted by the City. Mr. LaPiene concluded that he does not have theauthority to make the call for a variance, and that it would be up to the City Council. Mr. LaPienealso noted that if there is something that needs to be changed in the code in some way, that he justneeds direction and we can look at making changes to the code. Mayor Muir voiced his concernsregarding the challenges we have with the developments in our ETJ. He noted there are conflictingstandards both less or more and we have an interlocal that says the more stringent standardapplies. He summarized scenarios when within the City limits and noted the difference with anexample, when the property is not within the City limit our ordinance says we need to constructconcrete streets; however, the county says they will not maintain concrete streets. He noted thatthese items have not been enforced and that the City Engineer is absolutely right in his calculations,however this has not been the standard. Mayor Muir noted he had spoken with several individualsto find out what would be the solution and the right thing to do. He found out that it does not seemto be the current standard in Denton County. Also, that the County does not have a mechanism tohold the money for payment in lieu, and the City is not going to pay to put a road in the County thatis not going to be maintained. If, after five years the money is not used it goes back to thedeveloper. Mayor Muir noted that the problem is the Interlocal with the County and he has askedstaff to go meet with Denton County regarding it. He noted that if we need to adjust the Code to bemore specific for the ETJ, and then, that is what we need to do regardless of the outcome of thisitem tonight. Staff noted that the Subdivision Ordinance was really designed to be applied within theCity limits and when we try to apply it to the ETJ, that is when we have conflicts in some areas. Lengthy discussion ensued. Mayor Muir noted that the applicant is present if there are anyquestions. Tim Fleet, developer of Sanger Meadows was recognized and summarized his project and notedthat he has a proposal. He noted that the problem that the City is having, is that the City is taking itssubdivision ordinance and trying to apply it to rural subdivisions. He noted that he was willing to paya municipal attorney and even the City's Attorney to assist the City in coming up with a newsubdivision ordinance for rural subdivisions in the ETJ. Mr. Fleet noted he would escrow $30,000for this or pay the attorney fees direct. Mr. Fleet also offered he would have the attorney take theOrdinance to Denton County and try to get it approved. He summarized and elaborated on therequirements in the memorandum he received noting that the City's ordinance and requirements forhis portion of road improvements. He noted he wants to do the right thing and be though of as agood developer. He would like to come out to Sanger again and develop subdivisions. He noted hewould answer any questions. Mayor Muir noted that one of the things that has been enforced is the rightof ways and all of theright of way has been given. Mr. Fleet confirmed that he did dedicate the rightofway for theroads. Mayor Pro Tem Bilyeu noted that this has been an issue from the beginning and another 126homes is only going to make the road issue worse in time. He noted his concerns that these aresome real issues and they are only going to get worse. We need to get this resolved sooner than lateror we are going to continue to have this problem. We need the County support and need to workwith the County on this sooner rather than later. Councilmember Chick noted that the City needs toget with the County and hammer out an understanding that works for them and works for us. It is anissue that we just have to take care of because it is potentially going to be a problem in the future. Mayor Muir noted that he and the Council are not trying to put an extra burden on staff, but as soonas we can reasonably do it, staff needs to get this taken care of. Mayor Muir noted to Mr. Fleet thatthe City could not accept his money. Mr. Fleet noted that the $30,000 is just to improve the City's
ordinance, That he would write the City a check for that purpose. Both Mayor Muir and Mayor
Pro Tem Bilyeu advised that City could not accept the money which was also echoed by other
Concilmembers. There was lengthy discussion and consensus to get this situation solved sooner
rather than later. Councilmember Barrett asked if other cities have the same issues and noted her
concerns if we were the only City having these issues. It was noted that all of the other cities are
deferring to the County and the City of Sanger is at the forefront of the issue and pushing the issue.
Mayor Pro Tem Bilyeu noted that 25% of the development is moving north and we are going to
have a problem if we don't get out in front of it sooner rather than later. Mr. Fleet reiterated what he
has been through and how long the processes have taken There was additional lengthy discussion
between Councilmembers, Mr. Fleet and City Engineer Tracy LaPiene regarding the processes, the
road requirements, and the amount of variances required in the ETJ. Ramie Hammonds
summarized a recent meeting that staff had with Denton County regarding this issue and that other
entities area having the same issues. Councilmember Dillon echoed that he felt we need to get a fix
for this issue and make it a priority. Councilmember Chick noted his concerns regarding us
continuing to waive the roads with variances. Mayor Muir noted that this is for a variance for the
exterior roads for Phases 1, 2, and 3 of Sanger Meadows Estates. Staff noted noted the variance
does not apply to the interior streets. Councilmember Dillon asked if these issues got resolved and a
road needed to be built in the future, who comes up with the money for the roads. It was noted that
it would not be the City, is the County's road.
A motion was made by Mayor Pro Tem Bilyeu to Approve the variance for Sanger Meadows from
Chapter 10 Subdivision Regulations Section 10.106 b.2.A.i. Improvements. The granting of the
variance is so that they do not have to build onehalf of the street nor put money in an escrow
account in lieu of construction for the street. Mayor Muir requested clarification of the Phases.
Mayor Pro Tem Bilyeu revised his motion for clarification that his motion is for Phases 1, 2, and 3
of the Sanger Meadows Addition. The motion was seconded by Councilmember Barrett. The
motion carried unanimously (50).
6.Denco Area 911 District Candidate Appointment
Discuss and Apoint One Member to the Board of Managers of the Denco Area 911 District and
Approve Resolution #060320 Appointing the Chosen Member to the Denco Area 911 District.
Nominees are Brandon Barth; Jim Carter; and, David Terre.
Mayor Muir summarized the agenda item. He referenced the letter in the packet and noted that he
received a call from Sue Tejml who recommended Jim Carter. He was noted that Mr. Carter was
present tonight and wished to speak.
Jim Carter, 1005 Road Runner Road, Bartonville was recognized and provided a brief history of his
experience. He gave a summary of the existing board members and noted some of the
improvements which Denco 911 has accomplished throughout the years he has been on the board.
He noted that recently they have pushed for the use of text to contact 911 and direct dialing from a
hotel room. He noted that the City of Sanger has voted for him the past six times he has been up for
reelection and he thanked the City for that. Mayor Muir thanked him for coming to the meeting.
A motion was made by Councilmember Barrett to approve Resolution No. 060320 appointing
Jim Carter to the Board of Managers of the Denco Area 911 District.The motion was by
Councilmember Clark. The motion carried unanimously (50 vote).
7.INFORMATION ITEMS:
Page 4
MINUTESCITY COUNCIL REGULAR MEETINGMONDAY, JUNE 15, 20207:00 PMHISTORIC CHURCH BUILDING 403 NORTH 7th STREETSANGER, TEXASCOUNCIL MEMBERS PRESENT:Mayor Thomas Muir; Mayor Pro Tem Gary Bilyeu; Councilmember Marissa Barrett;Councilmember Dennis Dillon; Councilmember David Clark; Councilmember Allen Chick.COUNCIL MEMBERS ABSENT:None.STAFF MEMBERS PRESENT:City Manager Alina Ciocan; City Secretary Cheryl Price; Ramie Hammonds Director ofDevelopment Services; City Engineer Tracy LaPiene; Librarian/Social Media Laura Klenke; PoliceOfficer Josh Bishop.1.Call Meeting to Order, Invocation, Pledge of Allegiance.There being a quorum present at the June 15, 2020 Regular City Council Meeting, the meeting wascalled to order by Mayor Muir at 7:15 p.m. The Invocation was given Councilmember Dillon andthe Pledge of Allegiance was led by Councilmember Barrett.2.CITIZEN INPUT:Mr. Dave McClaren, 132 Shady Grove Drive, Sanger was recognized. He thanked the Council forthe expeditious remarking at Keaton Road and 5th Street. He made a short presentation on theLegion Community Service and stated that he would love to hear of any community needs forveterans. He noted that the American Legion is here to help at any time. They also have theaddition of the American Riders who are not a motorcycle gang, but who escort veterans to theirfinal resting ground and make sure they are honored 100%. He introduced Mr. R.J. Cline the leaderof the Patriot Guard. Their primary mission is support the community veterans and support thecommunity as well. They will help with storm debris, etc. They recently participated in parades forhigh school graduates and also do funerals and everything in between. They are willing to participateand help in any community events and do car shows, etc. Mr. McClaren noted on other item whichhe wanted to bring to the Council's attention. At Keaton and 5th there is an issue with the stormwater. Every time there is a good rain the lid on the storm sewer lifts up off of the ground and watergushes through and keeps the lid up. He asked if they could get staff to take a look at it. 3.CONSENT AGENDA:a.Approval of Minutes1.City Council Work Session Minutes 0612020Approval of the City Council Work Session Minutes for the June 1, 2020 Meeting.2.City Council Regular Meeting Minutes 0612020Approve Regular City Council Minutes for June 1, 2020 Meeting.3.City Council Emergency Meeting June 3, 2020Approve the Minutes for the June 3, 2020 City Council Emergency Meeting.4.Consider Any Items Removed from Consent Agenda.b. Appointment of Tracy LaPiene to WCACApprove Resolution No. 060120 Appointing Tracy A. LaPiene as the City of Sanger Representative to the Regional Treated Waer System Water Advisory Council (WCAC).City Engineer Tracy LaPiene was recognized to summarize the item. He explained that as acustomer of the Upper Trinity Regional Water District Customer we are allowed to appoint oneperson to their committee to give them input on technical assistance on their water supply system. He noted the meet around three times a year . There is no expiration date. He noted this positionhas been vacant since the previous Engineer Rob Woods left. This is basically an advisory board tothe Upper Trinity. A motion was made by Councilmember Clark to Approve Resolution No. 6120appointing Tracy A. LaPiene as the City of Sanger Representative to the Regional Treated WaterSystem Water Advisory Council (WCAC). The motion was seconded by Mayor Pro Tem Bilyeu. The Motion carried unanimously (50). REGULAR AGENDA5.Variance Sanger MeadowsConsider, Discuss, and Possibly Act on a Variance from Chapter 10 Subdivision Regulations –Section 10.106.b.2.A.i Improvements.Director of Development Services Ramie Hammonds summarized. The applicant is building a 126lot residential development in the ETJ. He is requesting a variance in our code requirement thatstates " The subdivider shall, at his own cost and expense, pay for constructing all residential streetsand alley within his subdivision and onehalf (1/2) of all existing and/or proposed perimeter streets. Monies for the construction of the onhalf (1/2) street shall be placed in an escrow account if theconstruction of the street is to be deferred to a later date." He is asking for a variance for having topay the fees or construct the 1/2 of the streets.City Engineer Tracy LaPiene was recognized and elaborated in detail on the requirements regardingthe 1/2 improvement of the adjacent County roads (View Road and Metz Road) and what theCounty Master Plan is for the roads. He summarized all of the options available. He noted that theCounty sent a memo noting that they would support the City's effort to apply the rules andregulations currently enacted by the City. Mr. LaPiene concluded that he does not have theauthority to make the call for a variance, and that it would be up to the City Council. Mr. LaPienealso noted that if there is something that needs to be changed in the code in some way, that he justneeds direction and we can look at making changes to the code. Mayor Muir voiced his concernsregarding the challenges we have with the developments in our ETJ. He noted there are conflictingstandards both less or more and we have an interlocal that says the more stringent standardapplies. He summarized scenarios when within the City limits and noted the difference with anexample, when the property is not within the City limit our ordinance says we need to constructconcrete streets; however, the county says they will not maintain concrete streets. He noted thatthese items have not been enforced and that the City Engineer is absolutely right in his calculations,however this has not been the standard. Mayor Muir noted he had spoken with several individualsto find out what would be the solution and the right thing to do. He found out that it does not seemto be the current standard in Denton County. Also, that the County does not have a mechanism tohold the money for payment in lieu, and the City is not going to pay to put a road in the County thatis not going to be maintained. If, after five years the money is not used it goes back to thedeveloper. Mayor Muir noted that the problem is the Interlocal with the County and he has askedstaff to go meet with Denton County regarding it. He noted that if we need to adjust the Code to bemore specific for the ETJ, and then, that is what we need to do regardless of the outcome of thisitem tonight. Staff noted that the Subdivision Ordinance was really designed to be applied within theCity limits and when we try to apply it to the ETJ, that is when we have conflicts in some areas. Lengthy discussion ensued. Mayor Muir noted that the applicant is present if there are anyquestions. Tim Fleet, developer of Sanger Meadows was recognized and summarized his project and notedthat he has a proposal. He noted that the problem that the City is having, is that the City is taking itssubdivision ordinance and trying to apply it to rural subdivisions. He noted that he was willing to paya municipal attorney and even the City's Attorney to assist the City in coming up with a newsubdivision ordinance for rural subdivisions in the ETJ. Mr. Fleet noted he would escrow $30,000for this or pay the attorney fees direct. Mr. Fleet also offered he would have the attorney take theOrdinance to Denton County and try to get it approved. He summarized and elaborated on therequirements in the memorandum he received noting that the City's ordinance and requirements forhis portion of road improvements. He noted he wants to do the right thing and be though of as agood developer. He would like to come out to Sanger again and develop subdivisions. He noted hewould answer any questions. Mayor Muir noted that one of the things that has been enforced is the rightof ways and all of theright of way has been given. Mr. Fleet confirmed that he did dedicate the rightofway for theroads. Mayor Pro Tem Bilyeu noted that this has been an issue from the beginning and another 126homes is only going to make the road issue worse in time. He noted his concerns that these aresome real issues and they are only going to get worse. We need to get this resolved sooner than lateror we are going to continue to have this problem. We need the County support and need to workwith the County on this sooner rather than later. Councilmember Chick noted that the City needs toget with the County and hammer out an understanding that works for them and works for us. It is anissue that we just have to take care of because it is potentially going to be a problem in the future. Mayor Muir noted that he and the Council are not trying to put an extra burden on staff, but as soonas we can reasonably do it, staff needs to get this taken care of. Mayor Muir noted to Mr. Fleet thatthe City could not accept his money. Mr. Fleet noted that the $30,000 is just to improve the City'sordinance, That he would write the City a check for that purpose. Both Mayor Muir and MayorPro Tem Bilyeu advised that City could not accept the money which was also echoed by otherConcilmembers. There was lengthy discussion and consensus to get this situation solved soonerrather than later. Councilmember Barrett asked if other cities have the same issues and noted herconcerns if we were the only City having these issues. It was noted that all of the other cities aredeferring to the County and the City of Sanger is at the forefront of the issue and pushing the issue. Mayor Pro Tem Bilyeu noted that 25% of the development is moving north and we are going tohave a problem if we don't get out in front of it sooner rather than later. Mr. Fleet reiterated what hehas been through and how long the processes have taken There was additional lengthy discussionbetween Councilmembers, Mr. Fleet and City Engineer Tracy LaPiene regarding the processes, theroad requirements, and the amount of variances required in the ETJ. Ramie Hammondssummarized a recent meeting that staff had with Denton County regarding this issue and that otherentities area having the same issues. Councilmember Dillon echoed that he felt we need to get a fixfor this issue and make it a priority. Councilmember Chick noted his concerns regarding uscontinuing to waive the roads with variances. Mayor Muir noted that this is for a variance for theexterior roads for Phases 1, 2, and 3 of Sanger Meadows Estates. Staff noted noted the variancedoes not apply to the interior streets. Councilmember Dillon asked if these issues got resolved and aroad needed to be built in the future, who comes up with the money for the roads. It was noted thatit would not be the City, is the County's road. A motion was made by Mayor Pro Tem Bilyeu to Approve the variance for Sanger Meadows fromChapter 10 Subdivision Regulations Section 10.106 b.2.A.i. Improvements. The granting of thevariance is so that they do not have to build onehalf of the street nor put money in an escrowaccount in lieu of construction for the street. Mayor Muir requested clarification of the Phases. Mayor Pro Tem Bilyeu revised his motion for clarification that his motion is for Phases 1, 2, and 3of the Sanger Meadows Addition. The motion was seconded by Councilmember Barrett. Themotion carried unanimously (50). 6.Denco Area 911 District Candidate AppointmentDiscuss and Apoint One Member to the Board of Managers of the Denco Area 911 District andApprove Resolution #060320 Appointing the Chosen Member to the Denco Area 911 District.Nominees are Brandon Barth; Jim Carter; and, David Terre.Mayor Muir summarized the agenda item. He referenced the letter in the packet and noted that hereceived a call from Sue Tejml who recommended Jim Carter. He was noted that Mr. Carter waspresent tonight and wished to speak. Jim Carter, 1005 Road Runner Road, Bartonville was recognized and provided a brief history of hisexperience. He gave a summary of the existing board members and noted some of theimprovements which Denco 911 has accomplished throughout the years he has been on the board.He noted that recently they have pushed for the use of text to contact 911 and direct dialing from ahotel room. He noted that the City of Sanger has voted for him the past six times he has been up forreelection and he thanked the City for that. Mayor Muir thanked him for coming to the meeting. A motion was made by Councilmember Barrett to approve Resolution No. 060320 appointing Jim Carter to the Board of Managers of the Denco Area 911 District.The motion was byCouncilmember Clark. The motion carried unanimously (50 vote).
7.INFORMATION ITEMS:
a.Disbursements May 2020
Disbursements for the Month of May 2020
b.Animal Control All American Dogs
All American Dogs Report April 2020.
Mayor Muir noted that he has looked at the numbers on the All American Dogs Report and noted
that they are typical for this time of year with the number of cats in the community. There was no
further discussion on the information items.
8.FUTURE AGENDA ITEMS:
Mayor Pro Tem Bilyeu noted that he would like to see what the schedule is for the Future Land Use
Plan which he understands has been delayed by the COVID19 Pandemic. Ms. Ramie Hammonds
noted that staff has a meeting scheduled on the 23rd to revise the plan timeline because of the
COVID, and to start appointing the committee.
Mayor Muir noted there will be some future Agenda Items regarding the funds available for
reimbursement from the CARES Act which are being disbursed by Denton County for COVID19.
9.ADJOURN.
There being no further items on the Agenda, Mayor Muir adjourned the meeting at 8:52 p.m.
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