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12/05/2016-CC-Agenda Packet-RegularSGRg� TEXAS AGENDA CITY COUNCIL REGULAR MEETING MONDAY, DECEMBER 5, 2016 7:00 PM 502 ELM STREET SANGER, TEXAS 1. Call Meeting to Order, Invocation, Pledge of Allegiance. 2. Citizens Input: (Citizens are allowed 3 minutes to speak. The City Council is unable to respond or to discuss any issues brought up during this section). 3. CONSENT AGENDA: a) Approval of Minutes: November 21, 2016 — Regular City Council Meeting b) Disbursements c) Approve Interlocal Cooperation Agreement for Ambulance Services Between Denton County and the City of Sanger d) Approve Interlocal Cooperation Agreement for Fire Protection Services Between Denton County and the City of Sanger 4. Consider any Items Removed from Consent Agenda. REGULAR AGENDA 5. Consider, Discuss, and Possibly Approve A Proposed Final Plat of the Sanger Travel Plaza Located at the Southwest Corner of Interstate 35 and 51" Street. 6. Conduct a Public Hearing Concerning A Proposed Specific Use Permit (SUP) for A Quick Service Food and Beverage Shop Property Located at the Southwest Corner of Interstate 35 and 5t" Street. 7. Consider, Discuss and Possibly Take Action On Ordinance #12-25-16 — A Request for A Specific Use Permit for a Quick Service Food and Beverage Shop on Property Located at the Southwest Corner of Interstate 35 and 5th Street. 8. Consider, Discuss and Possibly Act on Approving Resolution #12-09-16 — Setting Date, Time and Place for Public Hearings on Proposed Annexation of Property Located to the East of Marion Road and North of FM 455. 9. Consider, Discuss, and Possibly Approve Award of Denton County Special Commissioners Proceedings Regarding Eminent Domain For Certain Portions of Land For the Expansion of the City's Wastewater Treatment Plant in the Amount of $273,500.17 to Joe R. Falls and Patty J. Falls, Trustees of the Joe R. Falls and Patty J. Falls Revocable Living Trust. 10. INFORMATION ITEMS: a) Financial and Investment Reports — September and October 11. ADJOURN. I, the undersigned authority, do hereby certify that this Notice of Meeting was posted on the bulletin board, at the City Hall of the City of Sanger, Texas, a place convenient and readily accessible to the gen al public at all times, and said notice was posted on the following date and time: O l„!e"• I o2D//'�'at:3CU.m. and shall remain posted until meeting is adjourned ol"11uwa,,, Cheryl Prte,City Secretary City of Sanger, Texas ? TEXAS' This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at (940) 458-7930 for further information. CITY OF SANGER, TEXAS MINUTES: REGULAR CITY COUNCIL MEETING November 21, 2016, 7:00 PM 502 Elm Street, Sanger, Texas COUNCIL MEMBERS PRESENT: Mayor Thomas Muir, Councilman Lee Allison, Councilman David Clark, Councilman Bill Boutwell, and Councilman Allen Chick, Councilman Gary Bilyeu All Council Members present constituting a quorum. STAFF MEMBERS PRESENT: Mike Brice City Manager, Cheryl Price City Secretary, Alina Ciocan Director of Economic and Community Development, Mike Prater Director of Electric Utilities 1. Call Meeting to Order, Invocation, Pledge of Allegiance. Mayor Muir called the meeting to order at 7:02 p.m. Councilman Chick led the Invocation followed by Councilman Clark leading the Pledge of Allegiance. 2. Citizens Input: (Citizens are allowed 3 minutes to speak. The City Council is unable to respond or to discuss any issues brought up during this section). Joe Falls, 4489 McReynolds Road was recognized. He mentioned the condemnation hearing scheduled for tomorrow and that he thought it would be postponed. He asked that the City Council reconsider their plans for wastewater treatment improvements. 3. CONSENT AGENDA a) Approval of Minutes: October 17, 2016 Work Session October 17, 2016 — Regular City Council Meeting b) Disbursements 4. Consider any Items Removed From Consent Agenda. A Motion was made by Councilman Allison, to approve the consent agenda as presented. The Motion was seconded by Councilman Boutwell. Motion carried unanimously (5-0). REGULAR AGENDA 5. Consider, Discuss, and Possibly Act on Ordinance 11-23-16 Annexing Properties Located Along the East Side of Marion Road Approximately 2,000 Feet North of FM 455. City Manager Brice noted the only caveat is that we are still awaiting seven of the deeds and approval should be contingent on receiving those deeds. There are 24 lots and each one of the lots has a separate deed. There are multiple owners. Since it is a voluntary annexation we are doing our due diligence to make sure that the people that requested the annexation are the people that are the actual owners of the property. Alina Ciocan advised that they were expecting the seven remaining deeds today but have not received them yet. Staff advised it would probably be sometime this week. Alina checked with Denton County but it takes a few weeks to update their files so they had no record yet. There was brief discussion on whether to wait until we receive all of the deeds. It was noted that if voted on tonight, that once all of the deeds were received that the annexation would take effect. If all of the deeds were not received, or there were any discrepancies, the annexation would be invalid and they would have to come back to Council. A Motion was made by Councilman Boutwell to Approve Ordinance #11-23-16 Annexing properties located along the east side of Marion Road Approximately 2,000 feet north of FM 455 contingent upon receiving the appropriately titled deeds on any outstanding lots. Motion carried unanimously (5-0). 6. Conduct a Public Hearing Regarding Amending the Comprehensive Zoning Ordinance by Changing the Zoning Classification From SF-10 Single Family Residential District to PD-SF- 10 Planned Development Single Family Residential District on Properties Within Sanger Circle Development Phase 3 and Phase 4. Mayor Muir opened the Public Hearing at 7:17 p.m. and solicited anyone who wished to speak. Matt Hackley with Impression Homes was recognized. He advised they are currently starting a model at Sanger Circle. He noted the backyard setback has been an issue for them because some of their larger one-story homes won't fit on the lots so they had to pick and choose the lots and could not take as many lots as they wanted because of this. The 10 feet gives them a lot more flexibility of what they can do. What they are seeing is that everybody is preferring a one-story home and the extra room will help their larger homes fit on the lots. They build fiom 1600 to 2400 square foot homes. Donnie Mack, 12097 FM 2153. He wanted to encourage the Council to look at the easement enlargements. He noted that if they are trying to build the bigger homes and make them more aesthetically pleasing this would give them the opportunity to make them more appeasing and keep the larger square footage without going to a two-story house. Carolyn Cashion, 227 Blackjack in Aubrey, Ultra Homes was recognized. She provided the Council with a booklet of their home plans. She noted that she agreed with what the last two gentlemen mentioned. They are seeing a market where everyone wants one-story homes and it is very had to put them on the lots with the current required setbacks. Some of the extra features like a third car garage would be able to be accommodated with the additional space the smaller setbacks would allow. With the lots as they currently are they would have to keep their homes under the 2000 square foot range, currently averaging about 1500 square feet. Would like for the Council to consider it. Marcus Mathis, 229 Jones Street. He noted this has nothing to do with what the Council is talking about and advised the Council that he wanted to be heard regarding the problems with the Water Treatment plant and the odor. He wanted to know what the plans are to fix it. Mayor Muir noted that it is not on the Agenda so the Council can not visit on it now; however, if they are willing to stay after the meeting, staff would be able to share some details on what is being done regarding the issue. There being no further citizens who wished to speak the Public Hearing was closed at 7:25 p.m. 7. Consider, Discuss, and Possibly Act on Ordinance #11-24-16 Amending the Comprehensive Zoning Ordinance by Changing the Zoning Classification From SF-10 Single Family Residential District to PD-SF-10 Planned Development Single Family Residential District on Properties Within Sanger Circle Development Phase 3 and Phase 4. Mayor Muir noted that the City Council has recently resolved to have a vision of larger homes and set visionary percentages for the larger homes. The new R-Residential zoning does allow for smaller setbacks to place larger homes on lots. There was brief discussion regarding the larger homes and it was noted that they could currently build 1200 square foot homes in this Planned Development. Alina Ciocan was recognized and summarized that the request is to change the setbacks for the rear yard and the side yard. The minimum square footage for the homes will stay the same as in SF-10. It is zoned to allow for 1200 square foot homes. The request is just for the setbacks. It was noted that there was no notice sent out to change the square footage of the homes, just the setbacks. A few of the builders that were recognized during the Public Hearing noted that there are deed restrictions or HOA requirements that require1500-1600 square feet and that none of the homes are 1200 square feet. The market is for larger one story homes with smaller yards for ease of maintenance. It was noted the current Rear Yard Setback is 25 Feet and they want to reduce them to 15 feet and the Side Yards are 8 feet and they want to reduce them to 6 feet. Discussion ensued and it was discussed that it is the desire of the City Council to have larger homes in the City. A Motion was made by Councilman Allison to Approve Ordinance #11-24-16 Amending the Comprehensive Zoning Ordinance by Changing the Zoning Classification From SF-10 Single Family Residential District to PD-SF-10 Planned Development Single Family Residential District on Properties Within Sanger Circle Development Phase 3 and Phase 4. The Motion was seconded by Councilman Bilyeu. The Motion carried Unanimously (5-0). 8. Consider, Discuss, and Possibly Act on Ordinance #11-22-16 Amending Chapter 13 of the Code of Ordinances to Adopt Rules and Regulations for Interconnection and Parallel Operation of Distributed Generation. Alina Ciocan was recognized to summarize the request and it was noted that Mike Prater Director of Electric Utilities was also present to answer any questions. This Ordinance is being introduced to address renewable energy, in particular solar panels. This Ordinance will establish and put a process in place on how to apply, and sets rules and regulations for the residents to connect to our electrical grid. This establishes how the system is installed and covers the structural aspects of the house top to bottom. It also takes care of Fire Department safety concerns. They have to submit a site plan, i.e., to make sure the roof load is appropriate, etc. Everything to make sure it is safe to operate. They are limited to 10 kW and the system would have to be owned and maintained by the homeowner. Councilman Boutwell advised that he has dealt with Electrical for years and has a lot of knowledge on this subject, his opinion was that the Ordinance was thorough and commended staff. There was brief discussion about the aesthetics of the solar panels. It was noted there was a home in Quail Run with the entire roof covered and it looked good. The question was asked what would happen if the customer did not use all of the power the panels generated. It was noted the city would issue credit if they do not use the whole 10 kW and it would be credited to the customer's account. Mike Prater noted that the main issue is that they are being installed right now and we have no way of regulating them. This Ordinance will help accomplish this and add some control to the situation. A motion was made by Councilman Clark to approve Ordinance #11-22-16 Amending Chapter 13 of the Code of Ordinances to Adopt Rules and Regulations for Interconnection and Parallel Operation of Distributed Generation. The Motion was seconded by Councilman Boutwell. The Motion carried unanimously (5-0). 9. INFORMATION ITEMS: a) None. 9. ADJOURN. There being no further items Mayor Muir Adjourned the Meeting at 7:56 p.m. 11/16/2016 4:29 PI4 A / P CHECK REGISTER PACKET: 08494 Regular Payments VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK b. it NAME / I.D. DESC TYPE DATE 21740 ACQUIRE CCTV I-10/30/16 SERVER REPAIR PD R 11/16/2016 30850 ADA14 TOSTADO I-201611166350 REIMBURSEMENT FOR NEW HIRE FIN R 11/16/2016 08380 AMERICAN ASSOC OF NOTARIE I-201611166348 NOTARY ENROLLMENT AND KIT R 11/16/2016 22620 ARA14ARK UNIFORM SERVICE I-1156539972 FLEET UNIFORMS R 11/16/2016 I-1156539973 STREETS UNIFORMS R 11/16/2016 I-1156539974 DEVELOPMENT SERVICES UNIFORMS R 11/16/2016 I-1156539975 WATER UNIFORMS R 11/16/2016 I-1156539976 PARKS UNIFORMS R 11/16/2016 28090 ARROW INTERNATIONAL, INC I-94340109 EX-10 15MM NEEDLE R 11/16/2016 1 ASHLEE KILCULLEN I-201611166343 CC DEPOSIT R R 11/16/2016 00390 BILL UTTER FORD, INC. 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SUPPLIES R 11/16/2016 y I-E1516182.001 FUSION T SHORT CUFF R 11/16/2016 I-E1516182.002 FUSION T SHORT CUFF R 11/16/2016 PAGE: 6 CHECK CHECK DISCOUNT A14OUNT NO# AMOUNT 210.79CR 064777 210.79 957.000R 0664778 957.00 249.000R 064779 249.00 5,523.76CR 064780 5,523.76 360.68CR 064781 19.50CR 064781 639.20CR 064781 56.000R 064781 1,075.38 4,905.000R 064782 4,905.00 113.05CR 064783 113.05 175.03CR 064784 175.03 250.000R 064785 250.00 78.84CR 064786 78.84 110.000R 064787 125.000R 064787 235.00 2,000.00CR 064788 2,000.00 836.39CR 064789 559.10CR 064789 279.80CR 064789 69.95CR 064789 1,745.24 11/16/2016 4:29 P14 PACKET: 08494 Regular Payments VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT :R NAME / I.D. DISC A / P CHECK REGISTER ** T 0 T A L S REGULAR CHECKS: HANDWRITTEN CHECKS: PRE -WRITE CHECKS: DRAFTS: VOID CHECKS: NON CHECKS: CORRECTIONS: REGISTER TOTALS: TOTAL ERRORS: 0 TOTAL WARNINGS: 0 CHECK CHECK CHECK TYPE DATE DISCOUNT MOUNT NO# NO# DISCOUNTS CHECK APiT TOTAL APPLIED 64 8.96 161,016.05 161,025.01 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 3 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 67 8.96 161,016.05 161,025.01 PAGE: 7 CHECK AMOUNT 11/16/2016 4:29 P14 A / P CHECK REGISTER PAGE: 8 PACKET: 08494 Regular Payments VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK CHECK CHECK I_ ,A NA14E / I.D. DISC TYPE DATE DISCOUNT P14OUNT NO# AMOUNT ** POSTING PERIOD RECAP ** FUND PERIOD A14OUNT 001 11/2016 105,578.91CR 008 11/2016 35,729.01CR 180 11/2016 19,193.13CR 41 11/2016 390.000R 471 11/2016 125.000R ALL 161,016.05CR THE COUNTY OF DENTON § SANGE'R VOLUN'I'EF,R FIRE § DEPARTMENT STATE OF TEXAS § INTERLOCAL COOPERATION AGREEMENT FIRE PROTECTION SERVICES THIS AGREEMENT, which has an effective date of October 1, 2016, is made and entered into by and between Denton County, a political subdivision of the State of Texas, hereinafter referred to as "the COUNTY," and the Sanger Volunteer Fire Department, a non- profit agency, located in Denton County, Texas, hereinafter referred to as "the AGENCY". WHEREAS, the COUNTY is a duly organized political subdivision of the State of Texas engaged in the administration of county government and related services for the benefit of the citizens of Denton County; and WHEREAS, the AGENCY is a non-profit agency, duly organized and operating Linder the laws of the State of Texas and engaged in the provision of fire protection services and related services for the benefit of the citizens of the City of Sanger; and WHEREAS, the AGENCY is the owner and operator of certain fire protection vehicles and other equipment designed for the extinguishing of fire and prevention of damage to property and injury to persons from fire and has in its employ trained personnel whose duties are related to the use of such vehicles and equipment; and WHEREEAS, the COUNTY and the AGENCY mutually desire to be subject to and contract pursuant to provisions of the Texas Government Code, Chapter 791 and the Texas Local Government Code, Chapter 352, and NOW, TH17REFORE, the COUNTY and the AGENCY, for the mutual promises, covenants, Agreements and consideration stated herein, agree as follows: 1. 'PERM 'I'lne term of this Agreement shall be for the period beginning of October 1, 2016, and ending September 30, 2017. it. SERVICES The services to be rendered in accordance with this Agreement by tine AGENCY are the fire protection services normally rendered by the AGENCY to citizens of tlic City of Sanger in circumstances of emergency, but which services will now be extended to all citizens of the 2015-2016 111ter1oeal Cooperation Ageemcnt — Fire Proteetion Scrvices5angcr Page 1 or6 COUNTY residing in the unincorporated areas of the COUNTY within the operating territory or jurisdiction of the AGENCY, as agreed to by the AGENCY and the COUNTY in this Agreement and as set forth in "Exhibit A," attached hereto and incorporated herein by reference. These services are rendered in consideration of the basic funding and the separate per call fee set forth in this Agreement for the common good and benefit and to serve the public convenience and necessity of the citizens of the COUNTY who are not otherwise protected with respect to fire prevention, extinguishment, safety and rescue services. The services to be rendered are as follows: A. The AGENCY shall make available and provide emergency fire prevention, extinguishment, safety and rescue services within the agreed or specified territory or jurisdiction of the AGENCY. S. The AGENCY shall respond to requests for fire protection services made within the portion of the COUNTY designated as "Sanger" as set out in Exhibit "A". C. The COUNTY agrees that, in the event a fire in the AGENCY's unincorporated designated area which the AGENCY considers to be of an incendiary nature and upon request by the AGENCY, the County Fire Marshal will dispatch investigation personnel to the (ire scene within a response time sufficient to legally maintain and protect all evidence of said fire and will conduct all appropriate investigation and assist in the prosecution of any case of arson. The AGENCY shall not be responsible for investigations of suspected incendiary fires in the unincorporated areas, but shall cooperate with the County Fire Marshal in immediately relating all pertinent information possible to the investigator(s). D. The COUNTY agrees that the County Fire Marshal may assist in the conduct of appropriate investigations of a fire which the AGENCY considers to be of incendiary nature in the AGENCY's incorporated area upon request of the AGENCY. E. The AGENCY shall submit monthly statements on the "Texas lire Incident Deporting System's standardized forms to the Denton County Fire Marshal, 9060 Teasley Lane, Denton, Texas 76210-4010. This form will serve as the billing statement to the COUNTY for reimbursement of calls made in the unincorporated area. The Denton County Fire Marshal shall provide the forms upon request from the AGENCY. p. The AGENCY, in the perlbrmance of its duties and responsibilities under this Agreement, shall have the responsibility, within tine sole discretion of the officers and employees of the AGENCY, except as otherwise determined by the Denton County Fire Marshal, to determine priorities in the dispatching and use of the AGENCY's equipment and personnel, and the judgment of any such officer or employee as to such matters shall be the final determination. 2015- 2016 loterlocal Coopetatio❑ Ageomcnt — Fire Protection serviccs Sangor Pa-,e 2 tart, The COUNTY shall designate the County Judge to act on behalf of the COUNTY and to serve as "Liaison Officer" between the COUNTY and the AGENCY. The County Judge, or her designated substitute, shall devote sufficient time and attention to insul-e the performance of all duties and obligations of the COUNTY under this Agreement and shall provide immediate and direct supervision of employees, agents, contractors, sub -contractors and/or laborers of the COUNTY engaged in the performance of this Agreement for the mutual benefit of the COUNTY and the AGENCY. III. PERFORMANCE OF SERVICE The AGENCY shall devote sufficient time and attention to insure the performance of all duties and obligations of the AGENCY under this Agreement and shall provide immediate and direct supervision of the AGENCY's employees, agents, contractors, sub -contractors and/or laborers engaged in the performance of this Agreement for the mutual benefit of the AGENCY and the COUNTY. IV. COMPENSATION The COUNTY agrees to pay to the AGENCY for the full performance of services as provided in this Agreement the sum of S10,000.00, payable upon execution of this Agreement, and further agrees to pay the sum 01"S525.00 pet, Fire call in the designated unincorporated areas of the COUNTY from October 1, 2016, to September 30, 2017. 'file COUNTY anticipates the AGENCY to run approximately 290 fire calls for a total funding of S152,250.00 for fire calls. The total payments by the COUNTY to the AGENCY pursuant to this Agreement are estimated to be $162,250.00. The COUNTY will make no payment to the AGENCY for service provided outside the agreed service district whether by Mutual Aid Agreement or otherwise. The AGENCY understands and agrees that payment by the COUNTY to the AGENCY shall be made in accordance with the normal and customary processes and business procedures of the COUNTY and in conformance with applicable state law. V. FINANCIAL RECORDS The AGENCY agrees to make its financial records available for audit and/or review by the COUNTY, upon request by the COUNTY. pagc 3 of G 201.5-2010 Interloonl Cooperation ngeemcnt —Fire protection Services/Sanger VI. RESPONSIBILITY OF THE COUNTY The COUNTY, to the extent permitted by law, shall be responsible for the acts, negligence and omissions of all officers, employees and agents of the COUNTY who are engaged in the performance of this Agreement. VII. RESPONSIBILITY OF TI-Ih, AGENCY The AGENCY, to the extent permitted by law, shall be responsible for the acts, negligence and omissions of all officers, employees and agents of the AGENCY who are engaged in the performance of this Agreement. VIII. APPLICABLE LAW The COUNTY and the AGENCY understand and agree that liability under this Contract is governed by the Texas Government Code, Chapter 791 and the Texas Local Government Code, Chapter 352, This Agreement is made in contemplation of the applicability of these laws to the Agreement. Insofar as legally possible the COUNTY and the AGENCY agree to be bound by the above mentioned statutes as they exist as of the date of this Agreement. IX. DEFAULT In the event of default of any of the covenants herein contained, this Agreement may be terminated at the discretion of the non -defaulting party if such default continues for a period of ten (10) days after notice to the other party in writing of such default and the intent to terminate this Agreement due to the default. Unless the default is cured, this Agreement shall terminate. X. TERMINATION This Agreement may be terminated any time, by either the COUNTY or the AGENCY by giving sixty (60) days advance written notice to the other party. In the event of termination by either party, the AGENCY shall be compensated pro rata for all services performed to the termination date together with reimbursable expenses then due as authorized by this Agreement. In the event of such termination, should the AGENCY be overcompensated on a pro rata basis for all services performed to the termination date and/or be overcompensated reimbursable expenses, the COUNTY shall be reimbursed pro rota for all such overcompensation. 2015-2016 Intorlocal Cooperation ALTeement- Fire Prolection Services6lllger l'agc. =l or 6 Acceptance of such reimbursement shall not constitute a waiver of any claim that may otherwise arise out of this Agreement. XI. GOVERNMENTAL IMMUNITY The fact that the COUNTY and the AGENCY accept certain responsibilities relating to the rendition of fire protection services under this Agreement as part of their responsibility for providing protection for the public health makes it imperative that the performance of these vital services be recognized as a governmental function and that the doctrine of governmental immunity shall be, and it is hereby, invoked to the extent permitted by law. Neither the AGENCY, nor the COUNTY waive, nor shall be deemed to have hereby waived, any immunity or defense that would otherwise be available to it against claims arising from the exercise of government powers and Functions. XII. ENTIRE AGREEMENT This Agreement represents the entire Agreement between the COUNTY and the AGENCY and supersedes all prior negotiations representations and Agreements, either written or oral. This Agreement may be amended only by written instrument signed by both parties. Xlll. LAW OF CONTRACT This Agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. The venue for ally dispute, or matter, arising under this Agreement shall lie in Denton County, Texas. XIV. SEVERABILITY In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the fullest extent possible. XV. AUTHORITY The undersigned officer or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties. 2015-2016 1nterlocal Cooperation Agee ment— fire Protection Servic"Nanger Page 5 of 6 xvl. SERVICE AREA Acceptance of this Agreement constitutes Approval of the service area set out in attached Exhibit "A". EXECUTED in triplicate originals on the dates set forth below. COUNTY AGENCY Denton County, Texas Sanger Volunteer Fire Department 110 West Hickory Street, 2`I Floor P.O. Box 1729 Denton, Texas 76201 Sanger, Texas 76266 By Mary Horn Denton County Judge Acting on behalf of and by the authority of Denton County Commissioners Court of Denton County, Texas DATED: ATTEST: BY: Denton County Clerk APPROVED AS TO FORM: BY: Assistant District Attorney 13v ISia111e Fire Chief Acting on behalf of and by the authority of the Sanger Volunteer Fire Department DATED: APPROVED AS TO CONSENT: BY: UenLO11 I-OLUILY 1'116 1VIIII21I1U11 AUDITOR'S CERTIFICATE 1 hereby certify that funds are available in the amount of $ to accomplish and pay the obligation of Denton County under this Contract/Agreement. Jamcs Wells, Denton County Auditor 2015-2016 tnterlocal Cooperation Ageement Fire Protection Services8anger Page 6 or 6 THE COUNTY OF DENTON § § SANGER VOLUNTEER FIRE § DEPARTMENT — AMBULANCE § SERVICES STATE OF TEXAS § INTERLOCAL COOPERATION AGREEMENT AMBULANCE SERVICE THIS AGREEMENT, which has an effective date of October 1, 2016, is made and entered into by and between Denton County a political subdivision of the State of Texas, hereinafter referred to as "the COUNTY," and the Sanger Volunteer Fire Department, a non- profit agency, located in Denton County, Texas, hereinafter referred to as "the AGENCY". WHEREAS, the COUNTY is a duly organized political subdivision of the State of Texas engaged in the administration of county government and related services for the benefit of the citizens of Denton County; and WHEREAS, the AGENCY is a non-profit agency, duly organized and operating under the laws of the State of Texas and engaged in the provision of ambulance services and related services for the benefit of the citizens of the City of Sanger; and WHEREAS, the AGENCY is an owner and operator of certain ambulance vehicles and other equipment designed for the transportation of persons who are sick, infirmed or injured and has in its employ trained personnel whose duties are related to the treatment of said individuals and the use of such vehicles and equipment; and WHEREAS, the COUNTY desires to obtain emergency ambulance and related services for the benefit of residents of the COUNTY living in unincorporated areas of the COUNTY which the AGENCY is capable of providing; and WHEREAS, the provision of emergency ambulance and related services is a governmental function that serves the public health and welfare and is of mutual concern to both the COUNTY and the AGENCY; and WHEREAS, the COUNTY desires to expend County funds to defray the expense of establishing, operating and maintaining emergency ambulance services in the County; and WHEREAS, the COUNTY and the AGENCY mutually desire to be subject to and contract pursuant to the provisions of Texas Government Code, Chapter 791 and Texas Health and Safety Code, Section 774.003, and 2015-2016 lnterlocal Cooperation Agreerrent-Ambulance Services/Sager Pagel of7 NOW THEREFORE, the COUNTY and the AGENCY, in consideration of the mutual promises, covenants, and Agreements stated herein, agree as follows: I. TERM The term of this Agreement shall be for the period beginning of October 1, 2016, and ending on September 30, 2017. 11. DEFINITIONS As used herein, the words and phrases hereinafter set forth shall have the meanings as follows: A. 'Emergency" shall mean any circumstance that calls for immediate action and in which the element of time in transporting the sick, wounded or injured for medical treatment is essential to the health or life of a person or persons. Whether an emergency, in fact, exists is solely up to the discretion of the AGENCY. For dispatch purposes only, "emergency" shall include, but not be limited to: 1. The representation by the individual requesting ambulance service that an immediate need exists for the transportation of a person from any location within the agreed operating area of the AGENCY to a place where emergency medical treatment may be obtained; or 2. The representation by the individual requesting ambulance service that an immediate need exists for the transportation of a person from any location within the agreed operating area of the AGENCY to the closest medical facility. B. "Rural area" means any area within the boundaries of the COUNTY, but outside the corporate limits of all incorporated cities, towns and villages within the COUNTY. C. "Urban area" means any area within the corporate limits of an incorporated city, town or village within the COUNTY. D. "Emergency ambulance call" means a response to a request for ambulance service by the personnel of the AGENCY in a situation involving an emergency, as defined above, by an ambulance vehicle. A single response to a call may involve the transportation of more than one person at a time, but shall be considered as only one call. M. SERVICES The services to be rendered under this Agreement by the AGENCY are the ambulance services normally rendered by the AGENCY to citizens of City of Sanger in circumstances of emergency, but which services will now be extended to all citizens of the COUNTY residing in 2015-2016 Interlocal Cooperation Agree rrent-Ambulance Services/Sanger Page 2 of 7 the unincorporated areas of the COUNTY within the operating territory or jurisdiction of the AGENCY, as agreed to by the AGENCY and the COUNTY in this Agreement and as set forth in "Exhibit A," attached hereto and incorporated herein by reference. It is recognized that the officers and employees of the AGENCY have the duty and responsibility of rendering ambulance services to citizens of the AGENCY and the COUNTY. In the performance of these duties and responsibilities, it shall be within the sole responsibility and discretion of the officers and employees of the AGENCY to determine priorities in the dispatching and use of such equipment and personnel and the judgment of the officer or employee shall be final. The COUNTY shall designate the County Judge to act on behalf of the COUNTY and to serve as "Liaison Officer" between the COUNTY and the AGENCY. The County Judge, or her designated substitute, shall devote sufficient time and attention to insure the performance of all duties and obligations of the COUNTY under this Agreement and shall provide for the immediate and direct supervision of employees, agents, contractors, sub -contractors and/or laborers of the COUNTY engaged in the performance of this Agreement. IV. PERFORMANCE OF SERVICES The AGENCY shall devote sufficient time and attention to insure the performance of all duties and obligations of the AGENCY under this Agreement and shall provide immediate and direct supervision of the AGENCY's employees, agents, contractors, sub -contractors and/or laborers engaged in the performance of this Agreement for the mutual benefit of the AGENCY and the COUNTY. V. COMPENSATION COUNTY agrees to pay to the AGENCY an estimated fee of $139,809,00 (amount rounded to the nearest dollar) based on a funding formula as follows: 1. A fixed sum based on a population percentage .4815 per capita; said sum computes to $7,144.96. 2. A fixed sum of $250.9870 per ambulance transport for an estimated maximum amount of $54,715.17. Said sum is based upon 218 transports made by the AGENCY in fiscal year 2016. 3. A fixed sum based on 113.73 rural miles in the agreed operating territory; said sum computes to $77,948.98. 2015-2016 Interlocal Cooperation Agreerent-Ambulance Services/Saeger Page 3 of 7 The first and third sums are based upon population and mileage figures obtained from the North Central Texas Council of Governments. The second sum is based upon the definition of an "ambulance call" for purposes of this Agreement. Payment shall not be allowed for any instance in which a patient is not transported. Consistent with the reporting procedures described below, the AGENCY shall receive payment for transporting the patient regardless of the service delivery area in which the call originated. Requests for payment shall be submitted on the standardized ambulance transportation reporting form approved and provided by the COUNTY. It shall be the responsibility of the AGENCY to fully complete the forms and to provide complete and accurate patient information. Requests for payment shall be submitted within five (5) days of the performance of service by the AGENCY. Requests not timely submitted shall not be considered for payment. Requests for payment may be submitted by personal delivery, U.S. Mail, facsimile or computer telephone link to the office of the Denton County Fire Marshal. The date of submission shall be the date the fully documented request is received in said office. VI. FINANCIAL RECORDS The AGENCY agrees to make its financial records available for audit and/or review by the COUNTY, upon request by the COUNTY. VII. RESPONSIBILITY OF THE COUNTY The COUNTY, to the extent permitted by law, shall be responsible for the acts, omissions and negligence of all officers, employees and agents of the COUNTY who are engaged in the performance of this Agreement. VIll. RESPONSIBILITY OF THE AGENCY The AGENCY, to the extent permitted by law, shall be responsible for the acts, omissions and negligence of all officers, employees and agents of the AGENCY who are engaged in the performance of this Agreement. IX. APPLICABLE LAW The COUNTY and the AGENCY understand and agree that liability under this contract is governed by Texas Government Code, Chapter 791 and Texas Health and Safety Code, Section 774.003. This Agreement is made in contemplation of the applicability of these laws to 2015-2016 Interlocal Cooperation Agreennt-Ambulance Services/Sanger Page 4 of 7 the Agreement. Insofar as legally possible the COUNTY and the AGENCY agree to be bound by the above mentioned statutes as they exist as of the date of this Agreement. X. DEFAULT In the event of default of any of the covenants herein contained, this Agreement may be terminated at the discretion of the non -defaulting party if such default continues for a period of ten (10) days after notice to the other party in writing of such default and the intent to terminate this Agreement due to the default. Unless the default is cured, this Agreement shall terminate. X1. TERMINATION This Agreement may be terminated at any time by either the COUNTY or the AGENCY by giving sixty (60) days advance written notice to the other party. In the event of termination by either party, the AGENCY shall be compensated pro rata for all services performed to termination date together with reimbursable expenses then due as authorized by this Agreement. In the event of such termination, should the AGENCY be overcompensated on a pro rata basis for all services performed to the termination date and/or be overcompensated for reimbursable expenses, the COUNTY shall be reimbursed pro rata for all such overcompensation. Acceptance of such reimbursement shall not constitute a waiver of any claim that may otherwise arise out of this Agreement. XII. GOVERNMENTAL IMMUNITY The fact that the COUNTY and the AGENCY accept certain responsibilities relating to the rendering of ambulance services under this Agreement as a part of their responsibility for providing protection for the public health makes it imperative that the performance of these vital services be recognized as a governmental function and that the doctrine of governmental immunity shall be, and is hereby, invoked to the extent permitted under the law. Neither the AGENCY, nor the COUNTY waive, nor shall be deemed to have hereby waived any immunity or defense that would otherwise be available to it against claims arising from the exercise of governmental powers and functions. 2015-2016 Interlocal Cooperation Agreerrent-Ambulance Services/Sanger Page 5 of7 XIII. ENTIRE AGREEMENT This Agreement represents the entire Agreement between the COUNTY and the AGENCY and supersedes all prior negotiations, representations and Agreements, either written or oral. This Agreement may be amended only by written instrument signed by both parties. XIV. LAW OF CONTRACT This Agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. The venue for any dispute, or matter, arising under this Agreement shall lie in Denton County, Texas. XV. SEVERABILITY In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions of this Agreement shall remain valid and in full force and effect to the fullest extent possible. XVI. AUTHORITY The undersigned officer or agents of the parties are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the Parties. XVII. SERVICE AREA Acceptance of this Agreement constitutes approval of the service area set out in attached Exhibit "A". EXECUTED in triplicate originals on the dates set forth below. COUNTY: Denton County, Texas 110 West Hickory Street, 2"d Floor Denton, Texas 76201 In Mary Horn Denton County Judge AGENCY: Sanger Volunteer Fire Department City of Sanger P.O. Box 1729 Sanger, Texas 76266 By;_ Name Title 2015-2016 Interlocal Cooperation Agreement -Ambulance Services/Sanger Page 6 of 7 Acting on behalf of and by the authority of Denton County Commissioners Court of Denton, Texas DATED: ATTEST: BY: Denton County Clerk APPROVED AS TO FORM: M Assistant District Attorney Acting on behalf of and by the authority of the Sanger Volunteer Fire Department DATED: APPROVED AS TO CONTENT: C Denton County Fire Marshal AUDITOR'S CERTIFICATE I hereby certify that funds are available in the amount of $ accomplish and pay the obligation of Denton County under this Agreement. James Wells, Denton County Auditor to 2015-2016 Interlocal Cooperation Agreetrent-Ambulance Services/Sanger Page 7 of 7 a a '�,'. —__— 6� y �rq � a ��°� � C{ Qav � R � �� dp9 Mtl m �... -. i �� ., a.. CITY OF SANGER COUNCIL AGENDA ITEM AGENDA TYPE ® Regular ❑ Special ❑ Consent Reviewed by Finance ❑ Yes ® Not Applicable ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal Yes Not Applicable Council Meeting Date: Submitted By: December 5, 2016 Alina Ciocan, Director of Economic & Community Development City Manager Reviewed/Approval Initials � Date ACTION REQUESTED: ❑ ORDINANCE ❑ RESOLUTION # ®APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑OTHER AGENDA CAPTION Consider, Discuss and Possibly Approve A Proposed Final Plat of the Sanger Travel Plaza Located at the Southwest Corner of Interstate 35 and 5th Street. FINANCIAL SUMMARY ®N/A ❑GRANT FUNDS ❑OPERATING EXPENSE ❑REVENUE ❑CIP []BUDGETED ❑NON -BUDGETED BACKGROUND/SUMMARY OF ITEM The subject property is 7.854 acres located at the southwest corner of Interstate 35 and 51h Street. It is zoned B-2 Business District. The property is the future site of the Sanger Travel Plaza. STAFF OPTIONS & RECOMMENDATION Staff finds the plat to be in conformance with the Subdivision Ordinance and recommends it for approval. List of Supporting Documents/Exhibits Attached: Prior Action/Review by Council, Boards, Commissions or Other Agencies: • Final Plat • Aerial Map On November 14, 2016, the Planning and Zoning Commission unanimously recommended approval of the plat. VICINITY NIAP SCALE P = 2000' FINAL PLAT corJ. aicrx.a of GRAIC SCALE P i'��PH'r+ s yv.-�run.WX �_ m 9po x..v noatFsovslRrsr.fol clt5'OFs.1.\'GFR UE.\'RJ.V CGII'I}: l£Yls �m:wwrm�m r-:rw ns cwatt• rt��mvr<w� omM*u rm+r.nmroa. res r. mm Pi. a°o v `4°ia"nm�"" \\'0\L1R' uie)fn-ufni marn�¢s f�af umf sc roam wis�f rw-rmnu.0 �nmt u-ruwry u.r-rn,av�ai m^• ]N2\'fl'Of25, 1.LC. r.�<Vie)ff+ �-I�LLGf1LPc9 EXOILAS 1R% >So65 (W6) SIJ-1319 DEN]tt41tIXA6\ 60] (910) ]BI-1016 SANGER TRAVEL PLAZA 135 S`5Tfli ST Jll I�. :On w 106, fill r R Legend Subject Property Sanger Travel Plaza •U-7 CITY OF SANGER COUNCIL AGENDA. ITEM AGENDA TYPE ® Regular ❑ Special ❑ Consent Reviewed by Finance ❑ Yes ® Not Applicable ❑ Workshop ❑ Executive ® Public Hearing Reviewed by Legal Yes Not Applicable Council Meeting Date: Submitted By: December 5, 2016 Alina Ciocan, Director of Economic & Community Development City Manager Reviewed/Approval Initials � Date I,-*7— J--1-b' ACTION REQUESTED: ❑ ORDINANCE ❑ RESOLUTION # ❑ APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ®OTHER JPublic Hearing_ AGENDA CAPTION Conduct a Public Hearing Concerning a Proposed Specific Use Permit (SUP) for a Quick Service Food and Beverage Shop on Property Located at the Southwest Corner of Interstate 35 and 51h Street. FINANCIAL SUMMARY ®N/A ❑GRANT FUNDS []OPERATING EXPENSE [:]REVENUE ❑CIP ❑BUDGETED ❑NON -BUDGETED BACKGROUND/SUMMARY OF ITEM The subject property is located on the southwest corner of Interstate 35 and 5th Street. The property is zoned B-2 Business District. The adjacent property to the south is Clear Creek Intermediate school, which is zoned B-2 Business District. The property to the north is zoned I-2 Heavy Industrial. The applicant is requesting a Specific Use Permit (SUP) to establish a quick service food and beverage shop. As per the applicant's letter of intent and site plan, the project consists of constructing a convenience store and two restaurants with drive-thru windows to allow for food sales. STAFF OPTIONS & RECOMMENDATION List of Supporting Documents/Exhibits Attached: Prior Action/Review by Council, Boards, Commissions or Other Agencies: CITY OF SANGER COUNCIL AGENDA ITEM AGENDA TYPE ® Regular ❑ Special ❑ Consent Reviewed by Finance ❑ Yes ® Not Applicable ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal Yes Not Applicable Council Meeting Date: Submitted By: December 5, 2016 Alina Ciocan, Director of Economic & Community Development City Manager Reviewed/Approval Initials Date o2— - ACTION REQUESTED: ❑ ORDINANCE ❑ RESOLUTION # ®APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑OTHER AGENDA CAPTION Consider, Discuss and Possibly Take Action on Ordinance # 12-25-16 - A Request for a Specific Use Permit for a Quick Service Food and Beverage Shop On Property Located at the Southwest Corner of Interstate 35 and 5th Street. FINANCIAL SUMMARY ®N/A ❑GRANT FUNDS []OPERATING EXPENSE ❑REVENUE ❑CIP ❑BUDGETED ❑NON -BUDGETED BACKGROUND/SUMMARY OF ITEM The subject property is located at the southwest corner of Interstate 35 and 51h Street. It is zoned B-2 Business District. The property is the future site of the Sanger Travel Plaza, which is comprised of a convenience store and two restaurants. The applicant is requesting a Specific Use Permit (SUP) to allow for two drive -through windows for food sales at the referenced site. Staff mailed four (4) public hearing notices to the owners of properties within 200 feet of subject property. At the time of this report, staff received one (1) letter in support of this project. STAFF OPTIONS & RECOMMENDATION Staff finds that the proposed SUP is in conformance with the requirements described in the Zoning Ordinance. Staff recommends approval of the proposed SUP with the following conditions: 1. The sale of alcohol at the delivery windows is prohibited. 2. An 8 foot screening fence shall be installed along the south side of the property. 3. Must meet the requirements of the B-2 Business District. 4. Two drive-thru lanes are permitted. List of Supporting Documents/Exhibits Attached: Prior Action/Review by Council, Boards, Commissions or Other Agencies: • Proposed Ordinance 12-25-16 • Exhibit A — Site Plan The Planning & Zoning Commission conducted a public • Letter of Intent hearing on November 14, 2016 and unanimously • Location Map recommended approval of the SUP. ORDINANCE # 12-25-16 AN ORDINANCE OF THE CITY OF SANGER, DENON COUNTY, TEXAS, AMENDING THE OFFICIAL ZONING MAP TO CREATE A SPECIFIC USE PERMIT FOR A QUICK SERVICE FOOD AND BEVERAGE SHOP AT THE SOUTHWEST CORNER OF INTERSTATE 35 AND 51 STREET; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000) FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, The applicant has requested a Specific Use Permit to establish a quick service food and beverage shop, Sanger Travel Plaza as described in Exhibit A; WHEREAS, The City Council has found that the proposed Specific Use Permit is harmonious with the surrounding land uses and condition; Now Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: Section 1. A specific use permit for a quick food and beverage shop is hereby granted to the property located at the southwest corner of Interstate 35 and 5th Street, Sanger Travel Plaza as described in Exhibit A, with the following conditions: 1. The sale of alcohol at the delivery windows is prohibited. 2. An 8 foot screening fence shall be installed along the south side of the property. 3. Must meet the requirements of the B-2 Business District. 4. Two drive-thru lanes are permitted. Section 2. All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. Section 3. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, phrases and words of this Ordinance are severable and, if any word, phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining portions of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional word, phrase, clause, sentence, paragraph, or section. Section 4. Any person, firm, or corporation who shall violate any of the provisions of this article shall be guilty of a misdemeanor and upon conviction shall be fined in an amount not to exceed the sum of two thousand dollars ($2,000.00) for each offense, and each and every day such offense shall continue shall be deemed to constitute a separate offense. Section 5. This ordinance will take effect immediately from and after its passage and the publication of the caption, as the law and Charter in such cases provide. DULY PASSED, APPROVED AND ADOPTED by the City Council of the City of Sanger, Texas, on this 5th day of December, 2016. APPROVED: ATTEST: Thomas Muir, Mayor Cheryl Price, City Secretary cio 'oN 133' swage o to I oil y3nusNsiumeNclr3» mmtl KHOURY ENGINEERING, INC. CIVIL ENGINEERING • LAND DEVELOPMENT October 21, 2016 City of Sanger 201 Bolivar / P.O. Box 1729 Sanger, TX 76266 (940)458-2059 Re: Letter of Intent - Sanger Travel Plaza SWC of I-35 Frontage Road and 5"' Street To whom it may concern On behalf of the property owner I am seeking your consideration for granting a Special Use Permit to allow two drive thru windows for food sales at the referenced site. The property is located at SWC of I-35 Frontage Road and 51h Street in the City of Sanger, Texas. I am providing the following information: 1. The property owner is SAADIA, LLC at 9 Texoma Court, Hickory Creels (Lake Dallas), TX 75065. 2. The contacts for this application will be myself or the property owner. My address is 1435 E. 41" Street, Tulsa, OK 74105. My telephone number is (918) 712-8768 and e- mail is keng_inc a,lchouryeng_com 3. The site is approximately 7.854 acres (342,120.24 SF). The development will be a travel plaza including a truck stop with gasoline sales, convenience store and restaurants. 4. The site is a cropland, currently vacant covered with vegetation. 5. The Denton Central Appraisal District reference number is: 683718 and the Geographic ID #A0071A-000-027B-0000 I appreciate your consideration of our request. Please contact me at (918) 712-8768 if you have any questions. Sincerely, 6� Malek Ellchoury, PE Civil Engineer 1435 East 415t Street, Tulsa, OK 74105 918.712.8768 voice 918.712J069 fax kenginc@ldioutyeng.com ldiouryeng.com CITY OF SANGER COUNCIL AGENDA ITEM AGENDA TYPE ® Regular ❑ Special ❑ Consent Reviewed by Finance ❑ Yes ® Not Applicable ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal ❑ Yes Not Applicable Council Meeting Date: Submitted By: December 5, 2016 Alina Ciocan, Director of Economic & Community Development City Manager Reviewed/Approval Initials Date ACTION REQUESTED: ❑ ORDINANCE ®RESOLUTION # _12-09-16 ❑ APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS MOTHER AGENDA CAPTION Consider, Discuss and Possibly Act on Approving Resolution # 12-09-16 — Setting Date, Time and Place for Public Hearings on Proposed Annexation. FINANCIAL SUMMARY ®N/A ❑GRANT FUNDS [:]OPERATING EXPENSE ❑REVENUE ❑CIP []BUDGETED [:]NON -BUDGETED BACKGROUND/SUMMARY OF ITEM The City of Sanger is proposing to annex several properties located to the east of Marion Rd. and north of FM 455. Due to continued growth along the FM 455 corridor and the area around the subject properties, the City feels it is important to have the ability to control development. STAFF OPTIONS & RECOMMENDATION Staff is recommending that the City Council approve the proposed resolution. List of Supporting Documents/Exhibits Attached: Prior Action/Review by Council, Boards, Commissions or Other Agencies: • Resolution None • Aerial Photo of Subject Area RESOLUTION # 12-XX-16 A RESOLUTION OF THE CITY OF SANGER, TEXAS SETTING PUBLIC HEARINGS ON A PROPOSED ANNEXATION. WHEREAS, the City of Sanger's Home Rule Charter permits the city to alter its boundaries by annexing any territory adjacent to its boundaries; NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SANGER, TEXAS: Section 1. On the 3rd day of January, 2017, at 7:00 PM in the City Council Chamber of the City Hall of the City of Sanger, Texas, the City Council will hold a public hearing giving all interested persons the right to appear and be heard on the proposed annexation by the City of Sanger, Texas of the following described properties, to -wit: RNUMBER LEGAL DESCRIPTION 297185 A0029a R. Beebe, Tr 70a, 1. Acres 331061 A0029a R. Beebe, Tr 70b, 1.68 Acres 336691 A0029a R. Beebe, Tr 70c, 2. Acres 59968 A0029a R. Beebe, tr 39, 82.355 Acres, Old Dead Sht 1, Tr 18 60102 A0029a R. Beebe, Tr 70(pt), 10.51 Acres, Old Dead Sht. 3, Tr 39 653335 A0029a R. Beebe, Tr 70(hs), 3.46 Acres, Old Dead Sht 3, Tr 39 686295 A0029a R. Beebe, Tr 70d, 1.35 Acres Section 2. On the 17"' day of January, 2017, at 7:00 PM in the City Council Chamber of the City Hall of the City of Sanger, Texas, the City Council will hold a public hearing giving all interested persons the right to appear and be heard on the proposed annexation by the City of Sanger, Texas of the following described property, to -wit: RNUMBER LEGAL DESCRIPTION 297185 A0029a R. Beebe, Tr 70a, 1. Acres 331061 A0029a R. Beebe, Tr 70b, 1.68 Acres 336691 A0029a R. Beebe, Tr 70c, 2. Acres 59968 A0029a R. Beebe, tr 39, 82.355 Acres, Old Dead Sht 1, Tr 18 60102 A0029a R. Beebe, Tr 70(pt), 10.51 Acres, Old Dead Sht. 3, Tr 39 653335 A0029a R. Beebe, Tr 70(hs), 3.46 Acres, Old Dead Sht 3, Tr 39 686295 A0029a R. Beebe, Tr 70d, 1.35 Acres Section 3. That this resolution shall become effective immediately upon its passage and approval. DULY PASSED AND APPROVED by the City Council of the City of Sanger, Texas on this the 5th day of December, 2016. "_� • ATTEST: Thomas Muir, Mayor Cheryl Price, City Secretary Proposed Annexation pENTON C07N-r"yR. technology 0 600 1,200 2,400 ►`ervices Feet http://www.dentoncounty.com This product is for informational purposes and may not havebeen prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on -the -ground survey and represents only the approximate relativelocationofproperty boundaries. Denton Counlydoes nolguaranteethe correctness or accu racy of any features on this product and assumes no responsibility in connection therewith. This product maybe revised at any timewilhout notification to any user t �— R658093 R658094 R658095 R6580 6 R167607 5 R658048 R658097 R658096 1 I R658487 R658091 R658090 R658089 R65,b088 5 54 i r` R658070 R658071 R658072 R658073 - R658077 � R65�076 II ' R658075 r R658074 i L 01 R310143 R310142 R653335 � R01512 R52 102 97' 16 R529146 R255193 I R331061 IR686295 l R336691 R255194 San er R132465 I R60045 g I ®entbn County 1 UEN70N COUNTV Technology ►`ervices Proposed Annexation 0 237.5 475 http://www.dentoncounty.com R59968 R60039 R1 This product's for informational purposes and may not have been prepared for or be suitablefor legal, engneedng, or surveying purposes. It does not represent an on -the -ground survey and represents only the approximate ebtive location of property boundaries. a 950 Denton County does not guarantee the correctness Feet or accuracy of any features on this product and assumes no responsibility in connection therewith. This product maybe revised at any timewithout notification to any user. t CAUSE NO. CV-2016-01814 THE CITY OF SANGER, TEXAS Plaintiff M JOE R. FALLS AND PATTY .I. FALLS, TRUSTEES OF THE JOE R. FALLS AND PATTY J. FALLS REVOCA 3LE LIVING TRUST .Defendants AT LAW NO.2 AWARD OF SPECIAL COMMISSIONERS On the 22nd day of November 2016, the above -styled proceedings in eminent domain came on to be heard before the undersigned, three disinterested freeholders of Denton County, Texas, heretofore appointed as Special Commissioners by the Judge of the County Court at Law No. 2 of Denton County, Texas, to assess the damages caused by these proceedings, and came the Plaintiff, The City of Sanger, Texas, and the Commissioners proceeded to hear the evidence, and made the following findings: 1. That on the 9th day of August 2016, Plaintiff, the City of Sanger,. Texas, filed a petition with the Judge of the County Court at Law No. 2 of Denton County, Texas, wherein, upon the facts and for the purposes therein stated, it sought judgment vesting in the City of Sanger, Texas, certain portions of Defendants' land for public purposes for the expansion of the City's wastewater treatment plant, which portions are further described in Exhibit "A" attached hereto. 2. That upon consideration of said written statement so filed by Plaintiff, the Judge of the County Court at Law No. 2, Denton County, Texas, did on the 1.1t' day of AWARD OF SPECIAL COMMISSIONERS — Page 1 August 2016, appoint Sara Bagheri, Richard Hayes, and Roger Yale, three disinterested freeholders of Denton County, Texas, as Special Commissioners to assess the damages caused by the taking of said property. 3. That the Special Commissioners duly qualified as such, each taking the oath prescribed by law, which oaths are on file with the papers of this cause. 4. That, after having so qualified, said Special Commissioners, by written order, designated the 22nd day of November 2016 at 10:00 o'clock a.m., at the Sanger City Hall, Sanger, Texas, as the date and place for hearing said statement and parties, said date being the earliest practicable time, and such place being the most practicable and convenient place for said hearing. 5. That on the 12th day of October 2016, said Special Commissioners issued written notice of such date and place of hearing. 6. That Defendants were duly served by personal service on October 20, 2016 in the manner provided by law, of notice of such hearing and the date, time and place thereof. 7. That on the 22nd day of November 2016, said Special Commissioners did convene, and the City of Sanger, Texas, and Defendants announced ready for such hearing, and said Special Commissioners proceeded to hear evidence as to the damages which will be sustained by the owners by reason of the taking of said property interest, and, after hearing and considering such evidence, said Special Commissioners did fmd and determine, and, accordingly assess damages to be paid by the City of Sanger, Texas -in the total amount of $ 5�'00 • /7 to Defendants. The costs of this proceeding are adjudged against the City of Sanger, Texas. AWARD OF SPECIAL COMMISSIONERS — Page 2 RENDERED this 22nd day of November 2016L E. Sara Ba4eri, Special Commissioner PIM Special Commissioner The foregoing Award of Special Commissioners was filed with this Court on the day of November 2016. JUDGE PRESIDING AWARD OF SPECIAL COMMISSIONERS — Page 3 EXHIBIT "A" TRACT l; All that certain tract of land situated in the H. Tferwestor Survey, Abstract Number 1241, City of Sanger, Denton County, Texas, being a part of a called 410,356 acre tract of land described in a deed to Joe R. Falls and Patty J, Falls, as recorded in Instrument Number 2005-51411, Real Property Records, Denton County, Texas, the subject tract being more particularly described as follows; COMMENCING at a cross -tie fence corner post found on the East side of Railroad Avenue for the most Westerly Northwest corner of said 410,366 acre tract; THENCE North 87 degrees 29 minutes 44 seconds East with a North fine thereof, departing the East side of said Avenue, along or near a fence, a distance of 408.30 feet to a metal fence corner post for an inner ell corner of said 410.35.6 acre tract; THENCE North 02 degrees 41 minutes 53 seconds West with a West line thereof, along or near a fence, a distance of 381.28 feet to a fence corner post for a Northwest corner of said 410.356 acre tract; THENCE South 88 degrees 40 minutes 24 seconds East with a North line thereof, along or near a fence, a distance of 418.48 feet to a point; THENCE South 29 degrees 44 minutes 15 seconds East, departing the North line of said 410.366 acre tract, a distance of 478.77 feet to a capped iron rod set for the most Northerly corner and POINT OF BEGINNING of the herein described tract; THENCE South 29 degrees 44 minutes 15 seconds East, a distance of 130.97 feet to a metal fence corner post found for an angle point on a Northeast line of the herein described tract and the most Westerly corner of a tract of land described in a deed to the City of Sanger, as recorded in Volume 639, Page 267, Deed Records of said County; THENCE South 31 degrees 02 minutes 54 seconds East with the Southwest line thereof, along or near a fence, a distance of 359.82 feet to a metal fence corner post found for an inner ell corner of the herein described tract and the most Southerly corner of said City of Sanger tract; THENCE North 58 degrees 57 minutes 37 seconds East with the Southeast line thereof, along or near a fence part of the way, a.distance of 411.87 feet to a capped iron rod set in the Southeast line of said City of Sanger tract and being a Northeast corner of the herein described tract; THENCE South 31 degrees 03 minutes 01 seconds East, departing the Southeast line of said City of Sanger tract, a distance of 145,21 feet to a capped iron rod set for the most Easterly corner of the herein described tract, from which a capped Iron rod found stamped "Alliance" for the Southwest corner of Lot 10 in Block B of Ranger Creek Estates, Phase 2, an addition to the City of Sanger, according to the plat thereof recorded in Cabinet W, Page 17, Plat Records of Denton County, Texas, bears North 09 degrees 40 minutes 56 seconds East, a distance of 1000.78 feet and a capped iron rod found stamped "Alliance" for the Southeast corner of Lot 16 in Block F of said Addition bears North 52 degrees 37 minutes 48 seconds East, a distance of 1523.59 feet; EXHIBIT "A" THENCE South 59 degrees 23 minutes 32 seconds West, a distance of 762.84 feet to a capped iron rod set for the most Southerly corner of the herein described tract; THENCE North 30 degrees 48 minutes 45 seconds West, a distance of 631.57 feet to a capped iron rod set for the most Westerly corner of the herein described tract; THENCE North 59 degrees 10 minutes 21 seconds East, a distance of 341.35 feet to the POINT OF BEGINNING and enclosing 6.292 acres of land more or less. Tract II: All that certain tract of land situated in the H. Tierwester Survey, Abstract Number 1241, City of Sanger, Denton County, Texas, being a part of a called 410.356 acre tract of land described in a deed to Joe R. Falls and Patty J. Falls, as recorded in Instrument Number 2005-51411, Real Property Records, Denton County, Texas, the subject tract being more particularly described as follows; COMMENCING at a cross -tie fence corner post found on the East side of Railroad Avenue for the most Westerly Northwest corner of said 410.356 acre tract; THENCE North 87 degrees 29 minutes 44 seconds East with a North line thereof, departing the East side of said Avenue, along or. near a fence, a distance of 408.30 feet to a metal fence corner post for an inner ell corner of said 410.356 acre tract; THENCE North 02 degrees 41 minutes 53 seconds West with a West line thereof, along or near a fence, a distance of 381.28 feet to a fence corner post for a Northwest corner of said 41.0.356 acre tract; THENCE South 88 degrees 40 minutes 24 seconds East with a North line thereof, along or near a fence, a distance of 476.85 feet to a point; THENCE South 29 degrees 44 minutes 15 seconds East, departing the North line of said 410.366 acre tract, a distance of 447.70 feet to a capped Iron rod set for the most Westerly corner and POINT OF BEGINNING of the herein described tract; THENCE North 59 degrees 10 minutes 21 seconds East, a distance of 368.85 feet to a capped Iron rod set for the most Northerly corner of the herein described tract, from which a capped iron rod found stamped "Alllance" for the Southwest corner.of Lot 10 in Block B of Ranger Creek Estates, Phase 2, an addition to the City of Sanger, according to the plat thereof recorded in Cabinet W, Page 17, Plat Records of Denton County, Texas, bears North 19 degrees 44 minutes 15 seconds East, a distance of 470.62 feet and a capped iron rod found stamped "Alliance" for the Southeast corner of Lot 16 in Block F of said Addition bears North 76 degrees 04 minutes 43 seconds East, a distance of 1584.76 feet; EXHIBIT "K THENCE South 31 degrees 03 minutes 01 seconds East, a distance of 464.69 feet to a capped iron rod set for the Southeast corner of the herein described tract and being In the Southeast fine of a tract of land described in a deed to the City of Sanger, as recorded in Volume 639, Page 267, Deed Records of said County; THENCE Northwesterly, with a Southwest line of the herein described tract and the Northeast line of said City of Sanger -tract, the following 5 courses and distances: 1) North 79 degrees 55 minutes 05 seconds West, a distance of 24.25 feet to a capped iron rod set; 2) North 52 degrees 59 minutes 29 seconds West, a distance of 100.05 feet to a capped iron rod set; 3) North 31 degrees 20 minutes 04 seconds West, a distance of 108.31 feet to a capped iron rod set; 4) North 25 degrees 12 minutes 50 seconds West, a distance of 66.85 feet to a capped Iron rod set; 5) North 00 degrees 28 minutes 35 seconds West, a distance of 58.06 feet to a capped iron rod set for an inner corner of the herein described tract and the most Northerly corner of said City of Sanger tract; THENCE South 59 degrees 12 minutes 36 seconds West with the Northwest line thereof, along or near a fence part of the way, a distance of 342.00 feet to a capped iron rod set for the most Westerly Southwest corner of the herein described tract; THENCE North 29 degrees 44 minutes 15 seconds West, departing the Northwest line of said City of Sanger tract, a distance of 131.01 feet to the POINT OF BEGINNING and enclosing 1.426 acres of land more or less. TOGETHER WITH that 50' Road and Utility Easement granted to The City of Sanger, Texas, as described in instrument recorded in Volume 639, Page 267, Deed Records, Denton County, Texas. Note. The Company is prohibited from insuring the area or quantity of the Iand described herein. Any statement in the above legal description of the area or quantity of land is not a representation that such area or quantity is correct, but is made only for informational and/or identification purposes and does not override Item 2 of Schedule B hereof, t]UV FMINMLII ITEMS S�TEXAS September 30, 2016 For the twelve months ending September 30, 2016 (100% of the fiscal year), the General Fund has collected 104% of revenues. Expenditures are 92% of budget. For the twelve months ending September 30, 2016 (100% of the fiscal year), the Enterprise Fund collected 94% of revenues. Actual Enterprise Fund expenditures are 96% of budget. Salaries & Benefits Supplies & Materials Maintenance & Operations Contract Services Utilities Capital Expenses Debt Service Other Department Expense Transfers Total All categories are tracking within budget. Expenditures by Classification Budget Actual Percent of Budget $ 4,936,609 $ 4,635,956 94% 439,378 412,213 94% 7,363,668 7,206,068 98% 1,354,819 1,345,888 99% 630,707 479,241 76% 614,805 463,428 75% 1,275,474 1,325,173 104 % 83,922 46,018 55% 926,800 928,605 100% $ 17,626,182 $ 16,842,590 96% Page 1 of 9 CITY OF SANGER, TEXAS GENERAL FUND REVENUE & EXPENDITURES September 30, 2016 OVER (UNDER) REVENUE-GENERALFUND YTD ACTUAL BUDGET BUDGET Property Taxes $ 2,447,997 2.340,000 $ 107,997 Sales & Beverage Taxes 787,476 730,000 57,476 Franchise Fees 891,795 891,195 600 Solid Waste 753,215 735,000 18,215 Licenses & Permits 115,363 125,750 (10,387) Fines & Forfeitures 127,502 140,000 (12,498) Department Revenues 673,266 572.490 100,776 Interest & Miscellaneous 74,617 80,000 (5,383) TOTAL REVENUE 5,871,231 5,614,435 256,796 ACTUAL % OF BUDGETED REVENUE 105% EXPENDITURES • GENERAL FUND T I V MVI VML tdu Ulit I tVVLRf VIVVLR Administration 452,296 456,869 4,573 Police & Animal Control 1,464,877 1,648,739 183,862 Fire & Ambulance 964,876 1,043,550 78,674 Municipal Court 186,139 240,718 54,579 Development Services 219,211 221,413 2,202 Streets 522,753 563,051 40,298 Parks & Recreation 551,525 575,790 24,265 Library 254,693 272,240 17,547 Solid Waste 691,204 700,000 8,796 TOTAL EXPENDITURES 5,307,574 5,722,370 414,796 REVENUE OVER (UNDER) EXPENDITURES 563,657 (107,935) 671,592 OTHER FINANCING SOURCES (USES) Transferin 401.536 401,536 - Transfer Out (350,000) (350,000) TOTAL OTHER SOURCES (USES) 51,536 51,536 CHANGE IN FUND BALANCE 615,193 (56,399) 671,592 FUND BALANCE - BOY 1,745,609 1,745,609 - FUND BALANCE - EOY $ 2,360,802 $ 1,689,210 $ 671,592 ACTUAL% OF BUDGETED EXPENDITURES 93% GENERAL FUND REVENUE u YTD Actual PERCENTAGE OF ACTUAL TO ANNUAL BUDGET o Budget Property Taxes 105% Sales & Beverage Taxes 108% Franchise Fees 100% Solid Waste 102% Other Revenues 108% 0% 25% 50% 75% 100% GENERAL FUND EXPENDITURES uYTD Actual PERCENTAGE OF ACTUAL TO ANNUAL BUDGET u Budget Administration 99% Police & Animal Control 89% Fire & Ambulance 92% 1- -� Municipal Court 77% Development Services 99% Streets 93°/ Parks & Recreation 96% Library 94% 991/6 Solid Waste Page 2 of 9 0% 25% 50% 75% 100% CITY OF SANGER, TEXAS ENTERPRISE FUND REVENUE & EXPENDITURES September 30, 2016 OVER (UNDER) REVENUE - ENTERPRISE FUND YTD ACTUAL BUDGET BUDGET Water $ 1,506,697 $ 1,662,500 (155,803) Wastewater 1,456,779 1,568,000 (111,221) Electric 7,612,215 8,090,250 (478,035) Penalties & Fees 207,128 205,000 2,128 Interest 15,243 12,000 3,243 Miscellaneous 43,925 36,500 7,425 TOTAL REVENUE 10,841,987 11,574,250 (732,263) ACTUAL % OF BUDGETED REVENUE 94% (OVER) UNDER ' YPENDITURES - ENTERPRISE FUND YTD ACTUAL BUDGET BUDGET dministration 1,055,358 1,066,027 10,669 Water 1,278,266 1,41 b,842 137,576 Wastewater 578,914 707,715 128,801 Electric 6,641,823 6,735,773 93,950 Debt Service 1,052,049 1,051,655 (394) TOTAL EXPENDITURES 10,606,410 10,977,012 370,602 REVENUE OVER (UNDER) EXPENDITURES 235,577 597,238 (361,661) OTHER FINANCING SOURCES (USES) Transfer to General Fund (150,000) (150,000) Transfer to 4A (25,000) (25,000) Transfer to WW CIP Reserve (156,800) (156,800) Transfers to Storm Recovery Fund (161,805) (160,000) (1,805) Transfer to General Fund - PILOT 85,000 (85,000) - TOTAL OTHER SOURCES (USES) (578,605) (576,800) (1,805) CHANGE IN FUND BALANCE (343,028) 20,438 (363,466) FUND BALANCE- BOY 3,982,069 3,982,069 FUND BALANCE - EOY $ 3,639,041 $ 4,002,507 ACTUAL % OF BUDGETED EXPENDITURES 97% Page 3 of 9 ENTERPRISE FUND REVENUES uY-rD Actual PERCENTAGE OF ACTUAL TO BUDGET o Budget Water 91 Wastewater 93% Electric 94% Other Income 105% 0% 25% 50% 75% 100% UNRESTRICTED: Cash for Operations Contingency Reserves for Operations TOTAL UNRESTRICTED RESTRICTED: Debt Service Water Deposits Equipment Replacement Electric Storm Recovery Hotel Occupancy Tax Grant Funds Keep Sanger Beautiful (KSB) Library Court Security Court Technology Child Safety Fee Donations TOTAL RESTRICTED CAPITAL PROJECTS: General Capital Projects Enterprise Capital Projects TOTAL CAPITAL PROJECTS TOTAL CASH AND INVESTMENTS CITY OF SANGER, TEXAS CASH AND INVESTMENTS September 30, 2016 General Fund Enterprise Fund Debt Service Fund Capital Projects Fund Total $ 1,295,002 $ 904,746 $ 5 $ 2,199,748 1,008,676 1,006,733 2,015,409 $ 2,303,678 $ 1,911,479 $ $ $ 4,215,157 $ $ 853,278 $ 403,822 $ $ 1,257,100 387,773 - 387,773 204,830 106,779 311,609 - 640,303 640,303 9,480 - 9,480 5,000 5,000 5,526 5,526 28,554 28,554 7,375 7,375 631 631 10,305 10,305 9,796 - - $ 281,497 $ 1,988,133 $ 403,822 $ $ 2,663,656 $ $ $ $ 1,076,793 $ 1,076,793 9,419,769 9,419,769 $ $ $ $ 10,496,562 $ 10,496,562 $ 2,585,175 $ 3,899,612 $ 403,822 $ 10,496,562 $ 17,375,375 Unrestricted G.En9.cY Reserves for Cffd ns, 48% Nbt Service Total Cash & Investments Restricted <r% ter Operations, 52% Water Nposils Unr 15% oum Egdpnent Enterprise Capital Replacement Projects Restricted n` El. cstorm 12% Capital Projects I Soo Capital Projects Recovery 24% 61% General Coital Rojects. .. Page 4 of 9 GENERALFUND Cash and Investments September 30, 2016 Name Acct. # Maturity Yield* Prior Period Current Balance Restricted Pooled Cash 001-00-1000 0,05% $ 1,552,379 $ 1,215,995 Employee Benefits Cash 110-00-1000 0.20% 20,802 20,802 Employee Benefits MM 001-00-1010 30,965 30,965 Internal Service Fund 180-00-1000 22,138 27,240 OPERATING ACCOUNTS $ 1,626,284 $ 1,295,0024 GF Contingency Reserve MM 2487969 001-00-1031 0,20% $ 592,771 $ 592,868 GF Contingency Reserve CD Prosperity 001-00-1039 4/26/2015 0,35% 206,577 206,577 GF Contingency Reserve CD 642606 001-00-1043 7/13/2015 0,20% 209,151 209,231 CONTINGENCY RESERVE $ 1,008,4991 $ 1,008,676 GF Equipment Replacement MM 2376237 001-00-1032 0.20% $ 141,504 $ 141,953 Y GF Equipment Replacement CD 719706 001-00-1033 7/6/2015 0.40% 62,853 62,877 Y EQUIPMENT REPLACEMENT RESERVES $ 204,357 $ 204,830 Hotel Occupancy Tax 050-00-1000 $ 49,480 $ 9,480 Y Police Grant Fund 320-00-1000 $ 5,000 $ 5,000 Y Fire Grant Fund 324-00-1000 $ 12,500 $ 12,500 Y Beautification Board - KSB 432-00-1000 5,526 5,526 Y Library Restricted for Building Expansion 442-00-1000 28,154 28,554 Y Library Building Expansion CD 702994 442-00-1035 1/22/2016 0.40% 50,820 Y Court Security Restricted Fund 470-00-1000 7,360 7,375 Y Court Technology Restricted Fund 471-00-1000 628 631 Y Child Safety Fee Fund 475-00-1000 10,180 10,305 Y Police Donations 620-00-1000 1,385 1,385 Y Fire Donations 624-00-1000 4,500 4,500 Y Banner Account for Parks 632-00-1000 2,536 2,536 Y Library Donations 642-00-1000 1,375 1,375 Y OTHER $ 179,444 $89,167 TOTAL CASH AND INVESTMENTS $ 3,018,584 $ 2,507,675' TOTAL UNRESTRICTED $ 2634,783 $ 2,303,678 Page 5 of 9 ENTEPRISE FUND Cash and Investments September 30, 2016 Name Acct. # Maturity Yield Prior Period Current Balance Restricted Pooled Cash 008-00-1010 0.05% $ 1,277,579 $ 904,746 OPERATINGACCOUNTS $` 1,277,5797 $$ 004,746I Pooled Cash Water Deposit CD 2375850 008-00-1010 008-00-1041 0.05% 1/3/2016 0.40% $ 82,101 300,000 $ 87,773 300,000 Y Y WATER iDEPOSIT REFUND ACCOUNT $ 382,1011 $' 387,773 Combined EF Debt Service MM 2376113 008-00-1039 0.20% 773,151 853,278 Y BOND FUNDS $" 773,151 1 $ 853,278 EF Contingency Reserve MM 2809753 EF Contingency Reserve CD 737860 EF Reserve CD 642541 008-00-1012 008-00-1014 008-00-1040 0.20% 2/14/2016 0.40% 3/25/2015 0.25% $ 591,306 310,292 104,880 $ 591,403 310,410 104,920 CONTINGENCY RESERVES $' 1,006,4781 $ 1,006,733i EF Storm Recovery MM- 2% Electric Rev EF Equipment Replacement MM 2376202 008-00-1033 008-00-1034 0.20% 0.20% 626,716 $ 106,404 640,303 $ 106,779 Y Y OTHER $! 733,120 $ 747,082' TOTAL CASH AND INVESTMENTS $ 4,172,429 $ i 3,899,612 TOTAL UNRESTRICTED $ 2,284,057 Page 6 of 9 Cash and Investments September 30, 2016 DEBT SERVICE FUND Name Acct. # Yield Prior Period Current Balance Restricted Pooled Cash 003-00-1000 0.05% $ DSF Money Market2376105 003-00-1010 0,20% 408,810 $ 56,898 346,915 Y 56,907 Y TOTAL RESTRICTED $ 465,708 $ 403,8223 GENERAL CAPITAL PROJECTS FUND Name Acct. # Maturity Yield Prior Period Current Balance Restricted 'ooled Cash 004-00-1000 0.05% $ 439,809 $ 1,076,793 Y TOTAL RESTRICTED $ 439,8091 $ 1,076,793 ENTERPRISE CAPITAL PROJECTS FUND Name Acct. # Maturity Yield Prior Period Current Balance Restricted Sewer Capital Improvements MM-10% Rev Sewer Capital Reserve MM 2380226 Tap Fees 840-00-1020 840-00-1038 0.20% 0.20% $ 371,091 1,282,027 1,309,237 Y Y SEWER CAPITAL RESERVE - TAP FEES $ 1,653,1181 $ 1,309,237 Y Water Capital Reserve MM 2376156 Pooled Cash General CIP Money Market2674823 840-00-1037 840-00-1000 840-00-1013 0.20% 0.05% 0.05% $ 577,359 $ 5,554,111 2,051,729 597,704 5,461,015 2,051,813 Y Y Y TOTAL; RESTRICTED $ 9,836,317 1 $ 9,419,7691 Page 7 of 9 4A FUND Cash and Investments September 30, 2016 Name Acct. # Maturity Yield Prior Period Currnet alance Restricted Pooled Cash 41-00-1000 0.05% $ 714,262 $ 607,401 Y Cash NOW 900020693 Prosperity 41-00-1010 0.00% 509,053 503,969 Y 4A MM 902551273 Prosperity 41-00-1012 0.20% 467,716 467,795 Y Sanger TX Ind Corp CD 486639 41-00-1013 4/2/2015 0.25% 94,227 94,266 Y TOTAL CASH AND INVESTMENTS $ 1,785,258 $ 1,673,431 4B FUND Cash and Investments September 30, 2016 Name Acct. # Maturity Yield Prior Period Current Balance Restricted Pooled Cash 42-00-1000 0,05% $ 657,533 $ 341,679 Y Cash MM 2379694 42-00-1010 0,05% 189,516 189,524 Y 4B CD 653500 42-00-1013 4/3/2015 0.40% 21,610 21,619 Y 4B CD 659924 42-00-1014 5/12/2015 0.40% 21,367 21,375 Y 4B CD 664243 42-00-1015 6/5/2015 0.40% 21,455 21,463 Y 4B CD 673277 42-00-1016 7/912015 0.40% 21,404 21,412 Y 4B CD 686115 42-00-1017 8/14/2015 0.40% 21,353 Y 4B CD 689521 42-00-1018 9/11/2015 0.40% 21,271 21,279 Y 4B CD 694371 42-00-1019 10/14/2015 0.45% 21,348 21,356 Y 4B CD 697230 42-00-1020 11/17/2015 0.45% 21,465 21,473 Y 4B CD 699934 42-00-1021 12/18/2015 0.45% 21,385 21,393 Y 48CD702285 42-00-1022 1/31/2016 0.45% 21,196 21,204 Y 4BCD706078 42-00-1023 2/19/2016 0.45% 21,104 21,112 Y 48 CD 720097 42-00-1024 11/9/2015 0.45% 20,870 20,878 Y 4B CD 720119 42-00-1025 11/9/2015 0,45% 20,894 20,902 Y TOTAL CASH AND INVESTMENTS $ 1,123,771 ;$ 7WP1 Page 8 of 9 CITY OF SANGER, TEXAS INVESTMENT REPORT September 30, 2016 The Monthly Investment Report is in full compliance with the objectives, restrictions, and strategies as set forth in the City of Sanger's Investment Policy and Texas Government Code 2256.023, the Public Funds Investment Act (PFIA). The City only invests in Money Market accounts and Certificates of Deposit. Interest is paid monthly on all accounts. Therefore, book value and market value are the same and the City does not have accrued interest on its investments. Ethics Disclosure and Conflicts of Interest In accordance with the PFIA, investment officers are required to file a disclosure statement with the Texas Ethics Commission and the governing body if. a, the officer has a business relationship with a business organization offedng to engage in an investment transaction with the City (as defined in 2256.005 (i) (1-3); or b. the officer is related within the second degree by affinity or consanguinity, as determined under Chapter 573 of the Texas Government Code, to an individual seeking to transact investment business with the entity. PFIA 2256.005 (i). Mike Brice has a relationship with First United Bank that consists solely of a personal checking and savings account and a home mortgage. Gva)fa— (rro-y Clayton Gray Finance Director Page 9 of 9 Mike Brice City Manager h uie- [V610.c SQ2�ge�zT-2AS October 31, 2016 For the one month ending October 31, 2016 (8% of the fiscal year), the General Fund has collected 5% of revenues. Expenditures are 8% of budget. For the one month ending October 31, 2016 (8% of the fiscal year), the Enterprise Fund collected 8% of revenues. Actual Enterprise Fund expenditures are 8% of budget. Salaries & Benefits Supplies & Materials Maintenance & Operations Contract Services Utilities Capital Expenses Debt Service Other Department Expense Transfers Total All categories are tracking within budget. Expenditures by Classification Budget Actual Percent of Budget $ 5,201,863 $ 416,394 8% 491,169 56,073 11% 7,239,478 602,499 8% 1,423,836 218,611 15% 543,964 42,105 8% 595,822 - 0% 1,452,919 - 0% 133,282 8,294 6% 926,800 34,729 4% $ 18,009,133 $ 1,378,705 8% Page 1 of 9 CITY OF SANGER, TEXAS GENERAL FUND REVENUE & EXPENDITURES October31,2016 OVER (UNDER) REVENUE - GENERAL FUND YTD ACTUAL BUDGET BUDGET Property Taxes $ 7,981 $ 2,844,518 (2,836,537) Sales & Beverage Taxes 68,554 805,000 (736,446) Franchise Fees 94,986 901,565 (806,579) Solid Waste 63,819 748,500 (684,681) Licenses & Permits 30,420 130,100 (99,680) Fines & Forfeitures 6,625 140,000 (133,375) Department Revenues 29,607 674,204 (644,597) Interest & Miscellaneous 3,501 81,500 (77,999) TOTAL REVENUE 305,493 6,325,387 (6,019,894) GENERAL FUND REVENUE PERCENTAGE OF ACTUAL TO ANNUAL BUDGET Property Taxes 0 Sales & Beverage Taxes 9% Franchise Fees 11% Solid Waste 9% Other Revenues 7% 0% 25% 50% 750/. ACTUAL % OF BUDGETED REVENUE 5% (OVER) UNDER EXPENDITURES -GENERAL FUND YTD ACTUAL BUDGET BUDGET Administration 66,951 462,045 395,094 Police & Animal Control 112,991 1,670,743 1,557,752 Fire & Ambulance 76,109 1,206,529 1,130,420 Municipal Court 19,206 241,728 222,522 Development Services 31,151 280,235 249,084 Streets 69,555 580,139 510,584 Parks & Recreation 44,235 637,376 593,141 Library 24,460 278,751 254,291 Solid Waste 58,376 700,000 641,624 TOTAL EXPENDITURES 503,034 6,057,546 5,554,512 REVENUE OVER (UNDER) EXPENDITURES (197,541) 267,841 (465,382) OTHER FINANCING SOURCES (USES) Transfer In 7,083 342,999 (335,916) Transfer Out - (550,000) 550,000 TOTAL OTHER SOURCES (USES) 7,083 (207,001) 214,084 CHANGE IN FUND BALANCE (190,458) 60,840 (251,298) FUND BALANCE - BOY 1,745,609 1,745,609 FUND BALANCE- EOY $ 1,555,151 $ 1,806,449 ACTUAL% OF BUDGETED EXPENDITURES 8% Page 2 of 9 u YTD Actual o Budget 100% REVENUE - ENTERPRISE FUND Water Wastewater Electric Penalties & Fees Interest Miscellaneous TOTAL REVENUE ACTUAL % OF BUDGETED REVENUE CITY OF SANGER, TEXAS ENTERPRISE FUND REVENUE & EXPENDITURES October 31, 2016 OVER (UNDER) YTD ACTUAL BUDGET BUDGET 148,429 1,740,000 (1,591,571) 135,410 1,700,000 (1,564,590) 669,306 8,087,500 (7,418,194) 20,480 210,000 (189,520) 1,068 15,000 (13,932) 3,158 42,000 (38,842) 977,851 11,794,500 (10,816,649) 8% (OVER) UNDER 'XPENDITURES - ENTERPRISE FUND YTD ACTUAL BUDGET BUDGET dministration 156,218 1,078,104 921,886 Water 116,119 1,334,749 1,218,630 Wastewater 54,874 628,574 573,700 Electric 513,732 6,766,493 6,252,761 Debt Service - 1,216,867 1,216,867 TOTAL EXPENDITURES 840,943 11,024,787 10,183,844 REVENUE OVER (UNDER) EXPENDITURES 136,908 769,713 (632,805) OTHER FINANCING SOURCES (USES) Transfer to General Fund - (150,000) 150,000 Transfer to 4A - (25,000) 25,000 Transfer to WIN CIP Reserve (14,167) (156,800) 142,633 Transfers to Storm Recovery Fund (13,479) (160,000) 146,521 Transfer to General Fund - PILOT (7,083) 85,000 77,917 TOTAL OTHER SOURCES (USES) (34,729 (576,800 542,071 CHANGE IN FUND BALANCE 102,179 192,913 (90,734) FUND BALANCE- BOY 3,982,069 3,982,069 FUND BALANCE - EOY $ 4,084,248 $ 4,174,982 $ (90,734) ACTUAL % OF BUDGETED EXPENDITURES 8% Page 3 of 9 ENTERPRISE FUND REVENUES urrDActual PERCENTAGE OF ACTUAL TO BUDGET o Budget Water 9% Wastewater 8% Electric 8% Other Income 9% 0% 25% 50% 75% 100% ENTERPRISE FUND EXPENDITURES uYrD Actual PERCENTAGE OF ACTUAL TO BUDGET o Budget Administration 14% Water 9% Wastewater 9% Electric 8% Debt Service 0 0% 25% 50% 75% 100% UNRESTRICTED: Cash for Operations Contingency Reserves for Operations TOTAL UNRESTRICTED RESTRICTED: Debt Service Water Deposits Equipment Replacement Electric Storm Recovery Hotel Occupancy Tax Grant Funds Keep Sanger Beautiful (KSB) Library Court Security Court Technology Child Safety Fee Donations TOTAL RESTRICTED CAPITAL PROJECTS: General Capital Projects Enterprise Capital Projects TOTAL CAPITAL PROJECTS TOTAL CASH AND INVESTMENTS Total Cash & Investments hres FF 23 Restricted .apital Projects 16°° 61% s t� r CITY OF SANGER, TEXAS CASH AND INVESTMENTS October 31, 2016 General Fund Enterprise Fund Debt Service Fund Capital Projects Fund Total $ 1,201,387 $ 875,862 $ $ $ 2,077,249 1,009,140 1,006,986 2,016,126 $ 2,210.527 $ 1,882,848 $ $ $ 4,093,375 $ $ 933,422 $ 406,139 $ $ 1,339,561 403,951 - 403,951 205,302 107.154 312,456 - 653,890 653,890 12,736 - 12,736 5,000 5,000 5,526 5,526 79,412 79,412 7,415 7,415 224 224 10,480 10,480 9,796 - - S 335,891 $ 2,098,417 $ 406,139 $ $ 2,830,651 $ $ $ S 1,030,872 $ 1,030,872 9,615,031 9,615,031 S S S S 10,645,903 S 10,645,903 $ 2,546,418 $ 3,981.265 $ 406,139 $ 10,645,903 $ 17,569,929 Unrestricted Conbngency Reserves for Opeations, 49% Cazh for OpeaOons, 51% Page 4 of 9 Debt S—ia Restricted 48% Water Deposits 14% IXher Equipment /k Replacement ec(ria storm 11% R—very 23% Enterprise Capital Protects Capital Projects.- _ Gowol Capital Projects... GENERALFUND Cash and Investments October 31, 2016 Name Acct. # Maturity Yield' Prior Period Current Balance Restricted Pooled Cash 001-00-1000 0.05% $ 1,215,995 $ 1,073,910 Employee Benefits Cash 110-00-1000 0.20% 20,802 20,802 Employee Benefits MM 001-00-1010 30,965 70,803 Internal Service Fund 180-00-1000 27,240 35,872 OPERATING ACCOUNTS $ 1,295,0021 $ 1,201,387- GF Contingency Reserve MM 2487969 001-00-1031 0.20% $ 592,868 $ 592,969 GF Contingency Reserve CD Prosperity 001-00-1039 4/26/2015 0.35% 206,577 206,862 GF Contingency Reserve CD 642606 001-00-1043 7/13/2015 0.20% 209,231 209,309 CONTINGENCY RESERVE $ 1008,676 $! 1,009,140 GF Equipment Replacement MM 2376237 001-00-1032 0.20% $ 141,953 $ 142,402 Y GF Equipment Replacement CD 719706 001-00-1033 7/6/2015 0.40% 62,877 62,900 Y EQUIPMENT REPLACEMENT RESERVES $ 204,830 $ 205,302' Hotel Occupancy Tax 050-00-1000 $ 9,480 $ 12,736 Y Police Grant Fund 320-00-1000 $ 5,000 $ 5,000 Y Fire Grant Fund 324-00-1000 $ 12,500 $ 13,920 Y Beautification Board - KSB 432-00-1000 5,526 5,526 Y Library Restricted for Building Expansion 442-00-1000 28,554 28,554 Y Library Building Expansion CD 702994 442-00-1035 1/2212016 0,40% 50,839 50,858 Y Court Security Restricted Fund 470-00-1000 7,375 7,415 Y Court Technology Restricted Fund 471-00-1000 631 224 Y Child Safety Fee Fund 475-00-1000 10,305 10,480 Y Police Donations 620-00-1000 1,385 1,385 Y Fire Donations 624-00-1000 4,500 4,500 Y Banner Account for Parks 632-00-1000 2,536 2,536 Y Library Donations 642-00-1000 1,375 1,375 Y OTHER $ 140,006 $ 144,509 TOTAL CASH AND INVESTMENTS $ 2,648,514 1 $ 2,560,338: TOTAL UNRESTRICTED $ 2,303,678 1 $; 2,210,527 Page 5 of 9 ENTEPRISE FUND Cash and Investments October 31, 2016 Name Acct. # Maturity Yield Prior Period Current Balance Restricted Pooled Cash 008-00-1010 0.05% $ 904,746 $ 875,862 OPERATING! ACCOUNTS $ 904,7461 $ 875,862! Pooled Cash Water Deposit CD 2375850 008-00-1010 008-00-1041 1/3/2016 0.05% 0.40% $ 87,773 300,000 $ 103,951 300,000 Y Y WATER rDEPOSIT REFUND ACCOUNT + $ 387,773 $' A03,951 Combined EF Debt Service MM 2376113 008-00-1039 0.20% 853,278 933,422 Y BONDFUNDS $! 853,278 $' 933,422 EF Contingency Reserve MM 2809753 EF Contingency Reserve CD 737860 EF Reserve CD 642541 008-00-1012 008-00-1014 008-00-1040 2/14/2016 3/25/2015 0.20% 0.40% 0.25% $ 591,403 310,410 104,920 $ 591,503 310,525 104,958 CONTINGENCY RESERVES $1,006,7331 $I 1,006,986' EF Storm Recovery MM- 2% Electric Rev EF Equipment Replacement MM 2376202 008-00-1033 008-00-1034 0.20% 0.20% 640,303 $ 106,779 653,890 $ 107,154 Y Y OTHER $' 747,682 $ 761,0441 TOTAL CASH AND INVESTMENTS $' 3,899,612 1 $ 3,981,265 TOTAL UNRESTRICTED $' 1,911,479 1 $' 1,882,848'' Page 6 of 9 Cash and Investments October 31, 2016 DEBT SERVICE FUND Name Acct. # Yield Prior Period Current Balance Restricted Pooled Cash 003-00-1000 0.05% $ DSF Money Market 2376105 003-00-1010 0.20% 346,915 $ 56,907 349,222 Y 56,917 Y TOTAL RESTRICTED $ 403,822 $ 406,139 GENERAL CAPITAL PROJECTS FUND Name Acct. # Maturity Yield Prior Period Current Balance Restricted Pooled Cash 004-00-1000 0.05% $ 1,076,793 $ 1,030,872 Y TOTAL RESTRICTED $ 1,076,793 $ 1,030,872' ENTERPRISE CAPITAL PROJECTS FUND Name Acct. # Maturity Yield Prior Period Current Balance Restricted Sewer Capital Improvements MM-10%o Rev Sewer Capital Reserve MM 2380226 Tap Fees 840-00-1020 840-00-1038 0.20% 0.20% $ 384,218 1,309,237 $ : 398,450 1,399,459 Y Y SEWER CAPITAL RESERVE -TAP FEES $ 1,693,4551 $ 1,797,909' Y Water Capital Reserve MM 2376156 Pooled Cash General CIP Money Market 2674823 840-00-1037 840-00-1000 840-00-1013 0.20% 0.05% 0.05% $ 597,704 5,461,015 2,051,813 $ 665,305 5,099,917 2,051,900 Y Y Y TOTAL RESTRICTED $ 9,803,987 1 $ 9,615,031' Page 7 of 9 4A FUND Cash and Investments October 31, 2016 Name Acct. # Maturity Yield Prior Period Currnet alance Restricted Pooled Cash 41-00-1000 0,05% $ 607,401 $ 626,315 Y Cash NOW 900020693 Prosperity 41-00-1010 0.00% 503,969 498,884 Y 4A MM 902551273 Prosperity 41-00-1012 0.20% 467,795 467,874 Y Sanger TX Ind Corp CD 486639 41-00-1013 4/2/2015 0.25% 94,266 94,266 Y TOTAL CASH AND INVESTMENTS $ 1,673,431 $ 1,687,339! 4B FUND Cash and Investments October 31, 2016 Name Acct. # Maturity Yield Prior Period Current Balance Restricted Pooled Cash 42-00-1000 0.05% $ 341,679 $ 375,211 Y Cash MM 2379694 42-00-1010 0.05% 189,524 189,532 Y 4B CD 653500 42-001013 4/3/2015 0.40% 21,619 21,627 Y 4B CD 659924 42-00-1014 5/12/2015 0.40% 21,375 21,383 Y 4B CD 664243 42-00-1015 6/5/2015 0.40% 21,463 21,471 Y 4B CD 673277 42-00-1016 7/9/2015 0.40% 21,412 21,420 Y 4B CD 686115 42-00-1017 8/14/2015 0.40% 21,369 Y 4B CD 689521 42-00-1018 9/11/2015 0.40% 21,279 21,287 Y 4B CD 694371 42-00-1019 10/14/2015 0.45% 21,356 21,364 Y 4B CD 697230 42-00-1020 11/17/2015 0.45% 21,473 21,481 Y 4B CD 699934 42-00-1021 12/18/2015 0.45% 21,393 21,401 Y 4BGO702285 42-00-1022 1/31/2016 0.45% 21,204 21,212 Y 4B CD 706078 42-00-1023 2/19/2016 0.45% 21,112 21,120 Y 4B CD 720097 42-00-1024 11/9/2015 0.45% 20,878 20,886 Y 48 CD 720119 42-00-1025 11/9/2015 0.45% 20,902 20,909 Y TOTAL CASH AND INVESTMENTS 1 $ 786,669 ;$ 841,673 Page 8 of 9 CITY OF SANGER, TEXAS INVESTMENT REPORT October 31, 2016 The Monthly Investment Report is in full compliance with the objectives, restrictions, and strategies as set forth in the City of Sanger's Investment Policy and Texas Government Code 2256.023, the Public Funds Investment Act (PFIA). The City only invests in Money Market accounts and Certificates of Deposit. Interest is paid monthly on all accounts. Therefore, book value and market value are the same and the City does not have accrued interest on its investments. Ethics Disclosure and Conflicts of Interest In accordance with the PFIA, investment officers are required to file a disclosure statement with the Texas Ethics Commission and the governing body if: a. the officer has a business relationship with a business organization offering to engage in an investment transaction with the City (as defined in 2256.005 (i) (1-3); or b. the officer is related within the second degree by affinity or consanguinity, as determined under Chapter 573 of the Texas Government Code, to an individual seeking to transact investment business with the entity. PFIA 2256.005 (i). Mike Brice has a relationship with First United Bank that consists solely of a personal checking and savings account and a home mortgage. c a.jfa- tiro y Clayton Gray Finance Director Page 9 of 9 Mike Brice City Manager K ikem. vY.%cc CITY OF SANGER, TEXAS MINUTES: REGULAR CITY COUNCIL MEETING November 21, 2016, 7:00 PM 502 Elm Street, Sanger, Texas COUNCIL MEMBERS PRESENT: Mayor Thomas Muir, Councilman Lee Allison, Councilman David Clark, Councilman Bill Boutwell, and Councilman Allen Chick, Councilman Gary Bilyeu All Council Members present constituting a quorum. STAFF MEMBERS PRESENT: Mike Brice City Manager, Cheryl Price City Secretary, Alina Ciocan Director of Economic and Community Development, Mike Prater Director of Electric Utilities 1. Call Meeting to Order, Invocation, Pledge of Allegiance. Mayor Muir called the meeting to order at 7:02 p.m. Councilman Chick led the Invocation followed by Councilman Clark leading the Pledge of Allegiance. 2. Citizens Input: (Citizens are allowed 3 minutes to speak. The City Council is unable to respond or to discuss any issues brought up during this section). Joe Falls, 4489 McReynolds Road was recognized. He mentioned the condemnation hearing scheduled for tomorrow and that he thought it would be postponed. He asked that the City Council reconsider their plans for wastewater treatment improvements. 3. CONSENT AGENDA a) Approval of Minutes: October 17, 2016 Work Session October 17, 2016 — Regular City Council Meeting b) Disbursements 4. Consider any Items Removed From Consent Agenda. A Motion was made by Councilman Allison, to approve the consent agenda as presented. The Motion was seconded by Councilman Boutwell. Motion carried unanimously (5-0). REGULAR AGENDA 5. Consider, Discuss, and Possibly Act on Ordinance 11-23-16 Annexing Properties Located Along the East Side of Marion Road Approximately 2,000 Feet North of FM 455. City Manager Brice noted the only caveat is that we are still awaiting seven of the deeds and approval should be contingent on receiving those deeds. There are 24 lots and each one of the lots has a separate deed. There are multiple owners. Since it is a voluntary annexation we are doing our due diligence to make sure that the people that requested the annexation are the people that are the actual owners of the property. Alina Ciocan advised that they were expecting the seven remaining deeds today but have not received them yet. Staff advised it would probably be sometime this week. Alina checked with Denton County but it takes a few weeks to update their files so they had no record yet. There was brief discussion on whether to wait until we receive all of the deeds. It was noted that if voted on tonight, that once all of the deeds were received that the annexation would take effect. If all of the deeds were not received, or there were any discrepancies, the annexation would be invalid and they would have to come back to Council. A Motion was made by Councilman Boutwell to Approve Ordinance #11-23-16 Annexing properties located along the east side of Marion Road Approximately 2,000 feet north of FM 455 contingent upon receiving the appropriately titled deeds on any outstanding lots. Motion carried unanimously (5-0). 6. Conduct a Public Hearing Regarding Amending the Comprehensive Zoning Ordinance by Changing the Zoning Classification From SF-10 Single Family Residential District to PD-SF- 10 Planned Development Single Family Residential District on Properties Within Sanger Circle Development Phase 3 and Phase 4. Mayor Muir opened the Public Hearing at 7:17 p.m. and solicited anyone who wished to speak. Matt Hackley with Impression Homes was recognized. He advised they are currently starting a model at Sanger Circle. He noted the backyard setback has been an issue for them because some of their larger one-story homes won't fit on the lots so they had to pick and choose the lots and could not take as many lots as they wanted because of this. The 10 feet gives them a lot more flexibility of what they can do. What they are seeing is that everybody is preferring a one-story home and the extra room will help their larger homes fit on the lots. They build from 1600 to 2400 square foot homes. Donnie Mack, 12097 FM 2153. He wanted to encourage the Council to look at the easement enlargements. He noted that if they are trying to build the bigger homes and make them more aesthetically pleasing this would give them the opportunity to make them more appeasing and keep the larger square footage without going to a two-story house. Carolyn Cashion, 227 Blackjack in Aubrey, Ultra Homes was recognized. She provided the Council with a booklet of their home plans. She noted that she agreed with what the last two gentlemen mentioned. They are seeing a market where everyone wants one-story homes and it is very had to put them on the lots with the current required setbacks. Some of the extra features like a third car garage would be able to be accommodated with the additional space the smaller setbacks would allow. With the lots as they currently are they would have to keep their homes under the 2000 square foot range, currently averaging about 1500 square feet. Would like for the Council to consider it. Marcus Mathis, 229 Jones Street. He noted this has nothing to do with what the Council is talking about and advised the Council that he wanted to be heard regarding the problems with the Water Treatment plant and the odor. He wanted to know what the plans are to fix it. Mayor Muir noted that it is not on the Agenda so the Council can not visit on it now; however, if they are willing to stay after the meeting, staff would be able to share some details on what is being done regarding the issue. There being no further citizens who wished to speak the Public Hearing was closed at 7:25 p.m. 7. Consider, Discuss, and Possibly Act on Ordinance #11-24-16 Amending the Comprehensive Zoning Ordinance by Changing the Zoning Classification From SF-10 Single Family Residential District to PD-SF-10 Planned Development Single Family Residential District on Properties Within Sanger Circle Development Phase 3 and Phase 4. Mayor Muir noted that the City Council has recently resolved to have a vision of larger homes and set visionary percentages for the larger homes. The new R-Residential zoning does allow for smaller setbacks to place larger homes on lots. There was brief discussion regarding the larger homes and it was noted that they could currently build 1200 square foot homes in this Planned Development. Alina Ciocan was recognized and summarized that the request is to change the setbacks for the rear yard and the side yard. The minimum square footage for the homes will stay the same as in SF-10. It is zoned to allow for 1200 square foot homes. The request is just for the setbacks. It was noted that there was no notice sent out to change the square footage of the homes, just the setbacks. A few of the builders that were recognized during the Public Hearing noted that there are deed restrictions or HOA requirements that require1500-1600 square feet and that none of the homes are 1200 square feet. The market is for larger one story homes with smaller yards for ease of maintenance. It was noted the current Rear Yard Setback is 25 Feet and they want to reduce them to 15 feet and the Side Yards are 8 feet and they want to reduce them to 6 feet. Discussion ensued and it was discussed that it is the desire of the City Council to have larger homes in the City. A Motion was made by Councilman Allison to Approve Ordinance #11-24-16 Amending the Comprehensive Zoning Ordinance by Changing the Zoning Classification From SF-10 Single Family Residential District to PD-SF-10 Planned Development Single Family Residential District on Properties Within Sanger Circle Development Phase 3 and Phase 4. The Motion was seconded by Councilman Bilyeu. The Motion carried Unanimously (5-0). 8. Consider, Discuss, and Possibly Act on Ordinance #11-22-16 Amending Chapter 13 of the Code of Ordinances to Adopt Rules and Regulations for Interconnection and Parallel Operation of Distributed Generation. Alina Ciocan was recognized to summarize the request and it was noted that Mike Prater Director of Electric Utilities was also present to answer any questions. This Ordinance is being introduced to address renewable energy, in particular solar panels. This Ordinance will establish and put a process in place on how to apply, and sets rules and regulations for the residents to connect to our electrical grid. This establishes how the system is installed and covers the structural aspects of the house top to bottom. It also takes care of Fire Department safety concerns. They have to submit a site plan, i.e., to make sure the roof load is appropriate, etc. Everything to make sure it is safe to operate. They are limited to 10 kW and the system would have to be owned and maintained by the homeowner. Councilman Boutwell advised that he has dealt with Electrical for years and has a lot of knowledge on this subject, his opinion was that the Ordinance was thorough and commended staff. There was brief discussion about the aesthetics of the solar panels. It was noted there was a home in Quail Run with the entire roof covered and it looked good. The question was asked what would happen if the customer did not use all of the power the panels generated. It was noted the city would issue credit if they do not use the whole 10 kW and it would be credited to the customer's account. Mike Prater noted that the main issue is that they are being installed right now and we have no way of regulating them. This Ordinance will help accomplish this and add some control to the situation. A motion was made by Councilman Clark to approve Ordinance #11-22-16 Amending Chapter 13 of the Code of Ordinances to Adopt Rules and Regulations for Interconnection and Parallel Operation of Distributed Generation. The Motion was seconded by Councilman Boutwell. The Motion carried unanimously (5-0). 9. INFORMATION ITEMS: a) None. 9. ADJOURN. There being no further items Mayor Muir Adjourned the Meeting at 7:56 p.m.