09/16/2019-CC-Minutes-RegularCITY OF SANGER, TEXAS
MINUTES: REGULAR CITY COUNCIL MEETING
Monday, September 16, 2019 7:00 PM
502 Elm Street, Sanger, Texas
COUNCIL MEMBERS PRESENT:
Mayor Thomas Muir; Mayor Pro Tem 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; Finance Director Clayton Gray; City
Engineer Tracy LaPiene; Public Works Director Jim Berman; Director of Development Services
Ramie Hammonds; Police Officer Josh Bishop.
1.Call Meeting to Order, Invocation, Pledge of Allegiance.
There being a quorum, the Regular City Council Meeting for Monday September 16, 2019 was
called to order at 7:30 p.m. by Mayor Muir. The Invocation was given by Councilmember Dillon
and the Pledge of Allegiance was led by Councilmember Clark.
2.CITIZEN INPUT:
There were no citizens recognized approaching the podium who wished to speak on items not on the
agenda.
3.CONSENT AGENDA:
A motion was made by Councilmember Barrett to approve the Consent Agenda as presented. The
motion was seconded by Councilmember Clark. The motion to approve carried unanimously (50
vote).
a.Approval of Minutes
1.City Council Work Session Minutes 09032019
Approve City Council Work Session Minutes from the Tuesday, September 3, 2019
Work Session.
2.City Council Regular Meeting Minutes 09032019
Approval of the City Council Regular Meeting Minutes for Tuesday, September 3,
2019 Meeting.
b.Surplus Equipment Auction
Page 1
CITY OF SANGER, TEXASMINUTES: REGULAR CITY COUNCIL MEETINGMonday, September 16, 2019 7:00 PM502 Elm Street, Sanger, TexasCOUNCIL MEMBERS PRESENT:Mayor Thomas Muir; Mayor Pro Tem Bilyeu; Councilmember Marissa Barrett; CouncilmemberDennis Dillon; Councilmember David Clark; Councilmember Allen Chick.COUNCIL MEMBERS ABSENT:None.STAFF MEMBERS PRESENT:City Manager Alina Ciocan; City Secretary Cheryl Price; Finance Director Clayton Gray; CityEngineer Tracy LaPiene; Public Works Director Jim Berman; Director of Development ServicesRamie Hammonds; Police Officer Josh Bishop.1.Call Meeting to Order, Invocation, Pledge of Allegiance.There being a quorum, the Regular City Council Meeting for Monday September 16, 2019 wascalled to order at 7:30 p.m. by Mayor Muir. The Invocation was given by Councilmember Dillonand the Pledge of Allegiance was led by Councilmember Clark.2.CITIZEN INPUT:There were no citizens recognized approaching the podium who wished to speak on items not on theagenda.3.CONSENT AGENDA:A motion was made by Councilmember Barrett to approve the Consent Agenda as presented. Themotion was seconded by Councilmember Clark. The motion to approve carried unanimously (50vote). a.Approval of Minutes1.City Council Work Session Minutes 09032019Approve City Council Work Session Minutes from the Tuesday, September 3, 2019Work Session.2.City Council Regular Meeting Minutes 09032019Approval of the City Council Regular Meeting Minutes for Tuesday, September 3,2019 Meeting.
b.Surplus Equipment Auction
Authorize Staff to Sell the Proposed List of Surplus Property Items to be Included in the City
wide Auction.
c.Interlocal Cooperation Contract Texas Department of Public Safety
Approve Interlocal Cooperation Contract For The Failure to Appear Program, with the Texas
Department of Public Safety and Sanger Municipal Court of the City of Sanger, Denton
County, to Accommodate Chapter 706 of the Texas Transportation Code; and, Authorize
Mayor to Execute Contract.
A motion was made by Councilmember Barrett to approve the Consent Agenda as presented. The
motion was seconded by Councilmember Clark. The motion to approve carried unanimously (50
vote).
4.Consider Any Items Removed from Consent Agenda.
A few minor questions were asked regarding items b. and c. No items were removed from the
Consent Agenda.
REGULAR AGENDA
5.Professional Services Contract Stream Restoration for WWTP
Consider, Discuss and Possibly Act on Approving and Authorizing the Mayor to Execute an
Engineering Contract with Plummer Associates, Inc. for Stream Restoration for Wastewater
Treatment Plant.
Mr. Jeff Caffey and Mr. Tim Noack were recognized with Plummer and Associates to answer
questions. City Engineer Tracy LaPiene also responded to questions.
Councilmember Chick asked, if and when, we start phasing into the project what the proposed
contract costs were were. Mr. Caffey noted that during the work session he noted that the full total
estimated contract amount is $510,000 with the stream restoration work and the geotechnical
work. He noted there is an extra $10,000 for additional services which may come up. The first
phase is $90,000. Councilmember Chick noted concern regarding the additional costs and that we
don't even know if this is a valid option at this time. There was brief discussion and Mr. Caffey
noted that if a roadblock such as TCEQ not approving of the project or we were not able to get
permits, etc. that the project would halt and the City only be billed for time and materials. At this
point we would continue with the pipeline. City Engineer, Tracy LaPiene noted that the property
owners are more in favor of this direction than they have been in the past. Also, for the pipeline,
acquiring easements and gaining access will most likely take some time and it was noted that the
steam restoration would be more cost effective. Mayor Pro Tem Bilyeu noted concern regarding
maintenance of the stream if a catastrophic event happened. Mr. Noack noted that that this would
also be discussed during the permit and condition requirements may be identified at that point. Mr.
Caffey noted that the Corps of Engineers key issue is stabilization and it would be a part of the
approach that would have to be resolved for the Corp. Any conditions required could be brought
before Council to determine if it is something that the City wants to live with or not. There was
additional brief discussion regarding maintenance and warranty. Councilmember Chick asked if
we can not get the permit for this project, and the permit is about to expire, what happens then. Mr.
Caffey stated that the City would go to condemnation on the easements and go forward with the
pipeline and there would be negotiation with the TCEQ and as long as we have submitted the permit
for consideration within the deadlines it would be considered. It was noted that the plans for the
Page 2
CITY OF SANGER, TEXASMINUTES: REGULAR CITY COUNCIL MEETINGMonday, September 16, 2019 7:00 PM502 Elm Street, Sanger, TexasCOUNCIL MEMBERS PRESENT:Mayor Thomas Muir; Mayor Pro Tem Bilyeu; Councilmember Marissa Barrett; CouncilmemberDennis Dillon; Councilmember David Clark; Councilmember Allen Chick.COUNCIL MEMBERS ABSENT:None.STAFF MEMBERS PRESENT:City Manager Alina Ciocan; City Secretary Cheryl Price; Finance Director Clayton Gray; CityEngineer Tracy LaPiene; Public Works Director Jim Berman; Director of Development ServicesRamie Hammonds; Police Officer Josh Bishop.1.Call Meeting to Order, Invocation, Pledge of Allegiance.There being a quorum, the Regular City Council Meeting for Monday September 16, 2019 wascalled to order at 7:30 p.m. by Mayor Muir. The Invocation was given by Councilmember Dillonand the Pledge of Allegiance was led by Councilmember Clark.2.CITIZEN INPUT:There were no citizens recognized approaching the podium who wished to speak on items not on theagenda.3.CONSENT AGENDA:A motion was made by Councilmember Barrett to approve the Consent Agenda as presented. Themotion was seconded by Councilmember Clark. The motion to approve carried unanimously (50vote). a.Approval of Minutes1.City Council Work Session Minutes 09032019Approve City Council Work Session Minutes from the Tuesday, September 3, 2019Work Session.2.City Council Regular Meeting Minutes 09032019Approval of the City Council Regular Meeting Minutes for Tuesday, September 3,2019 Meeting.b.Surplus Equipment AuctionAuthorize Staff to Sell the Proposed List of Surplus Property Items to be Included in the Citywide Auction.c.Interlocal Cooperation Contract Texas Department of Public SafetyApprove Interlocal Cooperation Contract For The Failure to Appear Program, with the TexasDepartment of Public Safety and Sanger Municipal Court of the City of Sanger, DentonCounty, to Accommodate Chapter 706 of the Texas Transportation Code; and, AuthorizeMayor to Execute Contract. A motion was made by Councilmember Barrett to approve the Consent Agenda as presented. Themotion was seconded by Councilmember Clark. The motion to approve carried unanimously (50vote).4.Consider Any Items Removed from Consent Agenda.A few minor questions were asked regarding items b. and c. No items were removed from theConsent Agenda. REGULAR AGENDA5.Professional Services Contract Stream Restoration for WWTPConsider, Discuss and Possibly Act on Approving and Authorizing the Mayor to Execute anEngineering Contract with Plummer Associates, Inc. for Stream Restoration for WastewaterTreatment Plant.Mr. Jeff Caffey and Mr. Tim Noack were recognized with Plummer and Associates to answerquestions. City Engineer Tracy LaPiene also responded to questions.Councilmember Chick asked, if and when, we start phasing into the project what the proposed contract costs were were. Mr. Caffey noted that during the work session he noted that the full totalestimated contract amount is $510,000 with the stream restoration work and the geotechnicalwork. He noted there is an extra $10,000 for additional services which may come up. The firstphase is $90,000. Councilmember Chick noted concern regarding the additional costs and that wedon't even know if this is a valid option at this time. There was brief discussion and Mr. Caffeynoted that if a roadblock such as TCEQ not approving of the project or we were not able to getpermits, etc. that the project would halt and the City only be billed for time and materials. At thispoint we would continue with the pipeline. City Engineer, Tracy LaPiene noted that the propertyowners are more in favor of this direction than they have been in the past. Also, for the pipeline,acquiring easements and gaining access will most likely take some time and it was noted that thesteam restoration would be more cost effective. Mayor Pro Tem Bilyeu noted concern regardingmaintenance of the stream if a catastrophic event happened. Mr. Noack noted that that this wouldalso be discussed during the permit and condition requirements may be identified at that point. Mr.Caffey noted that the Corps of Engineers key issue is stabilization and it would be a part of theapproach that would have to be resolved for the Corp. Any conditions required could be broughtbefore Council to determine if it is something that the City wants to live with or not. There wasadditional brief discussion regarding maintenance and warranty. Councilmember Chick asked ifwe can not get the permit for this project, and the permit is about to expire, what happens then. Mr.Caffey stated that the City would go to condemnation on the easements and go forward with the
pipeline and there would be negotiation with the TCEQ and as long as we have submitted the permit
for consideration within the deadlines it would be considered. It was noted that the plans for the
pipeline were at 100 percent and acquiring the easements would be the next step. There was
continued general discussion regarding the actions which would be taken regarding continuing on
with the project in either direction to be in compliance.
A motion was made Councilmember Barrett to approve and authorize the Mayor to execute an
Engineering Contract with Plummer Associates, Inc. for Stream Restoration for Wastewater
Treatment Plant. Mayor Pro Tem Bilyeu noted he would seconded the motion if she would revise
the motion to add not to exceed $100,660.00. Councilmember Barrett amended her motion.
A revised motion was made Councilmember Barrett to approve and authorize the Mayor to execute
an Engineering Contract with Plummer Associates, Inc. for Stream Restoration for Wastewater
Treatment Plan at a not to exceed of $100,660.00. Mayor Pro Tem Bilyeu seconded the motion.
The motion carried unanimously (50 vote).
6.Willow Street Rehabilitation
Consider, Discuss and Possibly Act on Concrete Repair Work on Willow St. From 5th Street to 1st
Street.
Director of Public Works Jim Berman was recognized to summarize. He noted that the money is
currently in his budget for concrete work; but, we are at $66,000 for this project and anytime they
go over $50,000 they go before Council for approval. The contractor they are using is already a
prebid contractor who we have a contract with. He provided pictures of the proposed project and
explained the need for the improvement on Willow Street. He noted that the road would not be
closed that at least one lane would be open during construction. Also, when they are doing the
improvements they will look at what may have caused the failure in the concrete and make repairs.
A motion was made by Councilmember Barrett to approve concrete repair work on Willow Street
from 5th Street to 1st Street. The motion was seconded by Mayor Pro Tem Bilyeu. The motion
carried unanimously (50 vote).
7.Ordinance #092619 Approving 2019 Tax Rolls
Consider, Discuss and Act on Ordinance #092619 Approving the 2019 Tax Rolls And Providing
For An Effective Date.
Finance Director Clayton Gray was recognized to summarize. He advised that these next four steps
on the agenda are all a part of getting ready for our next (20192020) fiscal year which starts
October 1st. The first step, the first ordinance is approving the Tax Roll. The second ordinance is
approving the budget for next year. The third and fourth steps are those that have been brought
about by "Truth in Taxation" recent requirements. The third ordinance, because the City is approving
the budget for the same tax rate as last year, but because revenues are going up because of property
we are required to have an ordinance to ratify the increase in taxes. The forth ordinance is to set
the tax rate.
A motion was made by Mayor Pro Tem Bilyeu to approve Ordinance #092619 approving the
2019 Tax Rolls and providing for an effective date. The motion was seconded by Councilmember
Barrett. The motion carried unanimously (50 vote).
8.Ordinance #092519 Adopting 201920 Budget
Consider, Discuss and Act on Ordinance #092519 – Adopting the Budget Providing for the
Page 3
CITY OF SANGER, TEXASMINUTES: REGULAR CITY COUNCIL MEETINGMonday, September 16, 2019 7:00 PM502 Elm Street, Sanger, TexasCOUNCIL MEMBERS PRESENT:Mayor Thomas Muir; Mayor Pro Tem Bilyeu; Councilmember Marissa Barrett; CouncilmemberDennis Dillon; Councilmember David Clark; Councilmember Allen Chick.COUNCIL MEMBERS ABSENT:None.STAFF MEMBERS PRESENT:City Manager Alina Ciocan; City Secretary Cheryl Price; Finance Director Clayton Gray; CityEngineer Tracy LaPiene; Public Works Director Jim Berman; Director of Development ServicesRamie Hammonds; Police Officer Josh Bishop.1.Call Meeting to Order, Invocation, Pledge of Allegiance.There being a quorum, the Regular City Council Meeting for Monday September 16, 2019 wascalled to order at 7:30 p.m. by Mayor Muir. The Invocation was given by Councilmember Dillonand the Pledge of Allegiance was led by Councilmember Clark.2.CITIZEN INPUT:There were no citizens recognized approaching the podium who wished to speak on items not on theagenda.3.CONSENT AGENDA:A motion was made by Councilmember Barrett to approve the Consent Agenda as presented. Themotion was seconded by Councilmember Clark. The motion to approve carried unanimously (50vote). a.Approval of Minutes1.City Council Work Session Minutes 09032019Approve City Council Work Session Minutes from the Tuesday, September 3, 2019Work Session.2.City Council Regular Meeting Minutes 09032019Approval of the City Council Regular Meeting Minutes for Tuesday, September 3,2019 Meeting.b.Surplus Equipment AuctionAuthorize Staff to Sell the Proposed List of Surplus Property Items to be Included in the Citywide Auction.c.Interlocal Cooperation Contract Texas Department of Public SafetyApprove Interlocal Cooperation Contract For The Failure to Appear Program, with the TexasDepartment of Public Safety and Sanger Municipal Court of the City of Sanger, DentonCounty, to Accommodate Chapter 706 of the Texas Transportation Code; and, AuthorizeMayor to Execute Contract. A motion was made by Councilmember Barrett to approve the Consent Agenda as presented. Themotion was seconded by Councilmember Clark. The motion to approve carried unanimously (50vote).4.Consider Any Items Removed from Consent Agenda.A few minor questions were asked regarding items b. and c. No items were removed from theConsent Agenda. REGULAR AGENDA5.Professional Services Contract Stream Restoration for WWTPConsider, Discuss and Possibly Act on Approving and Authorizing the Mayor to Execute anEngineering Contract with Plummer Associates, Inc. for Stream Restoration for WastewaterTreatment Plant.Mr. Jeff Caffey and Mr. Tim Noack were recognized with Plummer and Associates to answerquestions. City Engineer Tracy LaPiene also responded to questions.Councilmember Chick asked, if and when, we start phasing into the project what the proposed contract costs were were. Mr. Caffey noted that during the work session he noted that the full totalestimated contract amount is $510,000 with the stream restoration work and the geotechnicalwork. He noted there is an extra $10,000 for additional services which may come up. The firstphase is $90,000. Councilmember Chick noted concern regarding the additional costs and that wedon't even know if this is a valid option at this time. There was brief discussion and Mr. Caffeynoted that if a roadblock such as TCEQ not approving of the project or we were not able to getpermits, etc. that the project would halt and the City only be billed for time and materials. At thispoint we would continue with the pipeline. City Engineer, Tracy LaPiene noted that the propertyowners are more in favor of this direction than they have been in the past. Also, for the pipeline,acquiring easements and gaining access will most likely take some time and it was noted that thesteam restoration would be more cost effective. Mayor Pro Tem Bilyeu noted concern regardingmaintenance of the stream if a catastrophic event happened. Mr. Noack noted that that this wouldalso be discussed during the permit and condition requirements may be identified at that point. Mr.Caffey noted that the Corps of Engineers key issue is stabilization and it would be a part of theapproach that would have to be resolved for the Corp. Any conditions required could be broughtbefore Council to determine if it is something that the City wants to live with or not. There wasadditional brief discussion regarding maintenance and warranty. Councilmember Chick asked ifwe can not get the permit for this project, and the permit is about to expire, what happens then. Mr.Caffey stated that the City would go to condemnation on the easements and go forward with thepipeline and there would be negotiation with the TCEQ and as long as we have submitted the permitfor consideration within the deadlines it would be considered. It was noted that the plans for thepipeline were at 100 percent and acquiring the easements would be the next step. There wascontinued general discussion regarding the actions which would be taken regarding continuing onwith the project in either direction to be in compliance. A motion was made Councilmember Barrett to approve and authorize the Mayor to execute anEngineering Contract with Plummer Associates, Inc. for Stream Restoration for WastewaterTreatment Plant. Mayor Pro Tem Bilyeu noted he would seconded the motion if she would revisethe motion to add not to exceed $100,660.00. Councilmember Barrett amended her motion.A revised motion was made Councilmember Barrett to approve and authorize the Mayor to executean Engineering Contract with Plummer Associates, Inc. for Stream Restoration for WastewaterTreatment Plan at a not to exceed of $100,660.00. Mayor Pro Tem Bilyeu seconded the motion. The motion carried unanimously (50 vote).6.Willow Street RehabilitationConsider, Discuss and Possibly Act on Concrete Repair Work on Willow St. From 5th Street to 1stStreet.Director of Public Works Jim Berman was recognized to summarize. He noted that the money iscurrently in his budget for concrete work; but, we are at $66,000 for this project and anytime theygo over $50,000 they go before Council for approval. The contractor they are using is already aprebid contractor who we have a contract with. He provided pictures of the proposed project andexplained the need for the improvement on Willow Street. He noted that the road would not beclosed that at least one lane would be open during construction. Also, when they are doing theimprovements they will look at what may have caused the failure in the concrete and make repairs.A motion was made by Councilmember Barrett to approve concrete repair work on Willow Streetfrom 5th Street to 1st Street. The motion was seconded by Mayor Pro Tem Bilyeu. The motioncarried unanimously (50 vote).7.Ordinance #092619 Approving 2019 Tax RollsConsider, Discuss and Act on Ordinance #092619 Approving the 2019 Tax Rolls And ProvidingFor An Effective Date.Finance Director Clayton Gray was recognized to summarize. He advised that these next four stepson the agenda are all a part of getting ready for our next (20192020) fiscal year which startsOctober 1st. The first step, the first ordinance is approving the Tax Roll. The second ordinance isapproving the budget for next year. The third and fourth steps are those that have been broughtabout by "Truth in Taxation" recent requirements. The third ordinance, because the City is approvingthe budget for the same tax rate as last year, but because revenues are going up because of propertywe are required to have an ordinance to ratify the increase in taxes. The forth ordinance is to setthe tax rate.A motion was made by Mayor Pro Tem Bilyeu to approve Ordinance #092619 approving the2019 Tax Rolls and providing for an effective date. The motion was seconded by CouncilmemberBarrett. The motion carried unanimously (50 vote).
8.Ordinance #092519 Adopting 201920 Budget
Consider, Discuss and Act on Ordinance #092519 – Adopting the Budget Providing for the
Appropriation of Funds for Operating and Capital Expenditures for the Fiscal Year Beginning
October 1, 2019 and Ending September 30, 2020, Providing for the Intra and Inter Department and
Fund Transfers, Providing for Unexpected Revenues Such as Grants, Donations, and Insurance
Proceeds, Providing for an Effective Date, and Providing for Approval of the Investment Policy.
Mayor Muir read the summary of the item and noted that this item would require a called vote.
Finance Director Clayton Gray summarized Items 7,8,9 and 10 at the beginning of Item #7.
A motion was made by Mayor Pro Tem Bilyeu to approve Ordinance #092519 – adopting the
budget providing for the appropriation of funds for Operating and Capital Expenditures for the Fiscal
Year beginning October 1, 2019 and ending September 30, 2020, providing for the Intra and Inter
Department and Fund Transfers, providing for unexpected revenues such as grants, donations, and
insurance proceeds, providing for an effective date, and providing for approval of the Investment
Policy. The motion was seconded by Councilmember Chick. The following called vote was made
by City Secretary Cheryl Price:
Councilmember Vote Yea Vote Ney
Councilmember Marissa Barrett X
Mayor Pro Tem Gary Bilyeu X
Councilmember Dennis Dillon X
Councilmember Allen Chick X
Councilmember David Clark X
The called vote to approve carried unanimously (50 vote).
9.Ordinance #092719 Ratifying Property Tax Increase
Consider, Discuss and Act on Ordinance #092719 Ratifying the Property Tax Increase
Reflected in the Fiscal Year 20192020 Budget and Providing for an Effective Date.
Mayor Muir read the summary of the item noting and Finance Director Clayton Gray summarized
that this is a ratification of increase in revenue because of the property values, but is not an increase
in the tax rate.
A motion was made by Councilmember Chick to approve Ordinance #092719 ratifying the
property tax increase reflected in the Fiscal Year 20192020 Budget and providing for an effective
date. The motion was seconded by Councilmember Clark. The motion carried unanimously (50
vote).
10.Ordinance #092819 Levying a Tax Rate
Consider, Discuss and Act on Ordinance #092819 Levying a Tax Rate for the General
Government for the Fiscal Year 20192020 and Providing for an Effective Date
Mayor Muir read the summary of the item and noted that this item would require a called vote.
Finance Director Clayton Gray noted that due to new legislation to adopt the ordinance, the motion
needs to be worded very specifically and the wording is noted in the agenda item cover sheet.
A motion was made by Councilman Chick to approve Ordinance #092819 moving that the
property tax rate be increased by the adoption of a tax rate of $0.679100 per $100, which is
effectively a 5.29 percent increase in the tax rate and providing for an effective date. The motion
was seconded by Councilmember Barrett.
Page 4
CITY OF SANGER, TEXASMINUTES: REGULAR CITY COUNCIL MEETINGMonday, September 16, 2019 7:00 PM502 Elm Street, Sanger, TexasCOUNCIL MEMBERS PRESENT:Mayor Thomas Muir; Mayor Pro Tem Bilyeu; Councilmember Marissa Barrett; CouncilmemberDennis Dillon; Councilmember David Clark; Councilmember Allen Chick.COUNCIL MEMBERS ABSENT:None.STAFF MEMBERS PRESENT:City Manager Alina Ciocan; City Secretary Cheryl Price; Finance Director Clayton Gray; CityEngineer Tracy LaPiene; Public Works Director Jim Berman; Director of Development ServicesRamie Hammonds; Police Officer Josh Bishop.1.Call Meeting to Order, Invocation, Pledge of Allegiance.There being a quorum, the Regular City Council Meeting for Monday September 16, 2019 wascalled to order at 7:30 p.m. by Mayor Muir. The Invocation was given by Councilmember Dillonand the Pledge of Allegiance was led by Councilmember Clark.2.CITIZEN INPUT:There were no citizens recognized approaching the podium who wished to speak on items not on theagenda.3.CONSENT AGENDA:A motion was made by Councilmember Barrett to approve the Consent Agenda as presented. Themotion was seconded by Councilmember Clark. The motion to approve carried unanimously (50vote). a.Approval of Minutes1.City Council Work Session Minutes 09032019Approve City Council Work Session Minutes from the Tuesday, September 3, 2019Work Session.2.City Council Regular Meeting Minutes 09032019Approval of the City Council Regular Meeting Minutes for Tuesday, September 3,2019 Meeting.b.Surplus Equipment AuctionAuthorize Staff to Sell the Proposed List of Surplus Property Items to be Included in the Citywide Auction.c.Interlocal Cooperation Contract Texas Department of Public SafetyApprove Interlocal Cooperation Contract For The Failure to Appear Program, with the TexasDepartment of Public Safety and Sanger Municipal Court of the City of Sanger, DentonCounty, to Accommodate Chapter 706 of the Texas Transportation Code; and, AuthorizeMayor to Execute Contract. A motion was made by Councilmember Barrett to approve the Consent Agenda as presented. Themotion was seconded by Councilmember Clark. The motion to approve carried unanimously (50vote).4.Consider Any Items Removed from Consent Agenda.A few minor questions were asked regarding items b. and c. No items were removed from theConsent Agenda. REGULAR AGENDA5.Professional Services Contract Stream Restoration for WWTPConsider, Discuss and Possibly Act on Approving and Authorizing the Mayor to Execute anEngineering Contract with Plummer Associates, Inc. for Stream Restoration for WastewaterTreatment Plant.Mr. Jeff Caffey and Mr. Tim Noack were recognized with Plummer and Associates to answerquestions. City Engineer Tracy LaPiene also responded to questions.Councilmember Chick asked, if and when, we start phasing into the project what the proposed contract costs were were. Mr. Caffey noted that during the work session he noted that the full totalestimated contract amount is $510,000 with the stream restoration work and the geotechnicalwork. He noted there is an extra $10,000 for additional services which may come up. The firstphase is $90,000. Councilmember Chick noted concern regarding the additional costs and that wedon't even know if this is a valid option at this time. There was brief discussion and Mr. Caffeynoted that if a roadblock such as TCEQ not approving of the project or we were not able to getpermits, etc. that the project would halt and the City only be billed for time and materials. At thispoint we would continue with the pipeline. City Engineer, Tracy LaPiene noted that the propertyowners are more in favor of this direction than they have been in the past. Also, for the pipeline,acquiring easements and gaining access will most likely take some time and it was noted that thesteam restoration would be more cost effective. Mayor Pro Tem Bilyeu noted concern regardingmaintenance of the stream if a catastrophic event happened. Mr. Noack noted that that this wouldalso be discussed during the permit and condition requirements may be identified at that point. Mr.Caffey noted that the Corps of Engineers key issue is stabilization and it would be a part of theapproach that would have to be resolved for the Corp. Any conditions required could be broughtbefore Council to determine if it is something that the City wants to live with or not. There wasadditional brief discussion regarding maintenance and warranty. Councilmember Chick asked ifwe can not get the permit for this project, and the permit is about to expire, what happens then. Mr.Caffey stated that the City would go to condemnation on the easements and go forward with thepipeline and there would be negotiation with the TCEQ and as long as we have submitted the permitfor consideration within the deadlines it would be considered. It was noted that the plans for thepipeline were at 100 percent and acquiring the easements would be the next step. There wascontinued general discussion regarding the actions which would be taken regarding continuing onwith the project in either direction to be in compliance. A motion was made Councilmember Barrett to approve and authorize the Mayor to execute anEngineering Contract with Plummer Associates, Inc. for Stream Restoration for WastewaterTreatment Plant. Mayor Pro Tem Bilyeu noted he would seconded the motion if she would revisethe motion to add not to exceed $100,660.00. Councilmember Barrett amended her motion.A revised motion was made Councilmember Barrett to approve and authorize the Mayor to executean Engineering Contract with Plummer Associates, Inc. for Stream Restoration for WastewaterTreatment Plan at a not to exceed of $100,660.00. Mayor Pro Tem Bilyeu seconded the motion. The motion carried unanimously (50 vote).6.Willow Street RehabilitationConsider, Discuss and Possibly Act on Concrete Repair Work on Willow St. From 5th Street to 1stStreet.Director of Public Works Jim Berman was recognized to summarize. He noted that the money iscurrently in his budget for concrete work; but, we are at $66,000 for this project and anytime theygo over $50,000 they go before Council for approval. The contractor they are using is already aprebid contractor who we have a contract with. He provided pictures of the proposed project andexplained the need for the improvement on Willow Street. He noted that the road would not beclosed that at least one lane would be open during construction. Also, when they are doing theimprovements they will look at what may have caused the failure in the concrete and make repairs.A motion was made by Councilmember Barrett to approve concrete repair work on Willow Streetfrom 5th Street to 1st Street. The motion was seconded by Mayor Pro Tem Bilyeu. The motioncarried unanimously (50 vote).7.Ordinance #092619 Approving 2019 Tax RollsConsider, Discuss and Act on Ordinance #092619 Approving the 2019 Tax Rolls And ProvidingFor An Effective Date.Finance Director Clayton Gray was recognized to summarize. He advised that these next four stepson the agenda are all a part of getting ready for our next (20192020) fiscal year which startsOctober 1st. The first step, the first ordinance is approving the Tax Roll. The second ordinance isapproving the budget for next year. The third and fourth steps are those that have been broughtabout by "Truth in Taxation" recent requirements. The third ordinance, because the City is approvingthe budget for the same tax rate as last year, but because revenues are going up because of propertywe are required to have an ordinance to ratify the increase in taxes. The forth ordinance is to setthe tax rate.A motion was made by Mayor Pro Tem Bilyeu to approve Ordinance #092619 approving the2019 Tax Rolls and providing for an effective date. The motion was seconded by CouncilmemberBarrett. The motion carried unanimously (50 vote).8.Ordinance #092519 Adopting 201920 BudgetConsider, Discuss and Act on Ordinance #092519 – Adopting the Budget Providing for theAppropriation of Funds for Operating and Capital Expenditures for the Fiscal Year BeginningOctober 1, 2019 and Ending September 30, 2020, Providing for the Intra and Inter Department andFund Transfers, Providing for Unexpected Revenues Such as Grants, Donations, and InsuranceProceeds, Providing for an Effective Date, and Providing for Approval of the Investment Policy.Mayor Muir read the summary of the item and noted that this item would require a called vote. Finance Director Clayton Gray summarized Items 7,8,9 and 10 at the beginning of Item #7. A motion was made by Mayor Pro Tem Bilyeu to approve Ordinance #092519 – adopting thebudget providing for the appropriation of funds for Operating and Capital Expenditures for the FiscalYear beginning October 1, 2019 and ending September 30, 2020, providing for the Intra and InterDepartment and Fund Transfers, providing for unexpected revenues such as grants, donations, andinsurance proceeds, providing for an effective date, and providing for approval of the InvestmentPolicy. The motion was seconded by Councilmember Chick. The following called vote was madeby City Secretary Cheryl Price:Councilmember Vote Yea Vote NeyCouncilmember Marissa Barrett X Mayor Pro Tem Gary Bilyeu XCouncilmember Dennis Dillon XCouncilmember Allen Chick XCouncilmember David Clark X The called vote to approve carried unanimously (50 vote).9.Ordinance #092719 Ratifying Property Tax IncreaseConsider, Discuss and Act on Ordinance #092719 Ratifying the Property Tax IncreaseReflected in the Fiscal Year 20192020 Budget and Providing for an Effective Date.Mayor Muir read the summary of the item noting and Finance Director Clayton Gray summarizedthat this is a ratification of increase in revenue because of the property values, but is not an increasein the tax rate. A motion was made by Councilmember Chick to approve Ordinance #092719 ratifying theproperty tax increase reflected in the Fiscal Year 20192020 Budget and providing for an effectivedate. The motion was seconded by Councilmember Clark. The motion carried unanimously (50vote).10.Ordinance #092819 Levying a Tax RateConsider, Discuss and Act on Ordinance #092819 Levying a Tax Rate for the GeneralGovernment for the Fiscal Year 20192020 and Providing for an Effective DateMayor Muir read the summary of the item and noted that this item would require a called vote. Finance Director Clayton Gray noted that due to new legislation to adopt the ordinance, the motionneeds to be worded very specifically and the wording is noted in the agenda item cover sheet.A motion was made by Councilman Chick to approve Ordinance #092819 moving that theproperty tax rate be increased by the adoption of a tax rate of $0.679100 per $100, which is
effectively a 5.29 percent increase in the tax rate and providing for an effective date. The motion
was seconded by Councilmember Barrett.
The following called vote was made by City Secretary Cheryl Price:
Councilmember Vote Yea Vote Ney
Councilmember Marissa Barrett X
Mayor Pro Tem Gary Bilyeu X
Councilmember Dennis Dillon X
Councilmember Allen Chick X
Councilmember David Clark X
The called vote to approve carried unanimously (50 vote).
11.INFORMATION ITEMS:
a.All American Dogs Report
Monthly Report from All American Dogs through the month of August, 2019.
b.Atmos Energy Rider GCR
Atmos Energy Rider GCR Rate Filing under Docket No. 10170.
There was no discussion on the information items.
12.FUTURE AGENDA ITEMS:
Mayor Pro Tem Bilyeu asked if we would be moving forward with the Comprehensive Plan. City
Manager Alina Ciocan noted that the RFP will be a presented at the next Council Meeting.
Mr. Neal Harris was recognized and noted that his family owns Green Tree Farms between Joe
Falls and Mike Riley. Mr. Harris had some questions regarding whether we were moving toward
the easement finalization process for the wastewater treatment plant. It was noted that this was a
question that could not be answered at this time until Plummer and Associates meets with the
licensing entities to see if the stream restoration is feasible, as was covered with Agenda Item No. 5
earlier in the evening. There was miscellaneous discussion regarding the wastewater treatment plant
and the creek channel running through Mr. Harris's property. Mr. Harris requested a meeting with
the Council and asked if it would be an open or closed meeting. Mayor Muir noted that it would be
an open meeting, probably in a work session environment. That, if he wanted a private meeting
there could possibly be staff and a representative of Council. Mr. Harris noted that this would be
discussed when he makes the meeting request.
13.ADJOURN.
There being no further business, Mayor Muir adjourned the City Council meeting at 8:23 p.m.
Page 5