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02/21/2023-CC-Agenda Packet-RegularCITY COUNCIL MEETING AGENDA FEBRUARY 21, 2023, 6:00 PM CITY COUNCIL REGULAR MEETING HISTORIC CHURCH BUILDING - 403 N 7TH STREET, SANGER, TEXAS CALL THE WORK SESSION TO ORDER AND ESTABLISH A QUORUM EXECUTIVE SESSION Pursuant to the Open Meetings Act, Chapter 551, the City Council Will Meet in a Closed Executive Session in Accordance with the Texas Government Code: Section 551.072. DELIBERATION REGARDING REAL PROPERTY For deliberations regarding the purchase, exchange, lease, or value of real property if deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person specifically, Michael Riley, Laura Riley, and J. Mike Riley Ranch Properties, LLC, (collectively the "Owner"). RECONVENE INTO WORK SESSION Reconvene into Work Session. If any action is necessary, action taken will be taken in regular session. OVERVIEW OF ITEMS ON THE REGULAR AGENDA ADJOURN THE WORK SESSION The Regular Meeting will begin following the Work Session but not earlier than 7:00 p.m. CALL THE REGULAR MEETING TO ORDER AND ESTABLISH A QUORUM INVOCATION AND PLEDGE CITIZENS COMMENTS This is an opportunity for citizens to address the Council on any matter. Comments related to public hearings will be heard when the specific hearing begins. Citizens are allowed 3 minutes to speak. Each speaker must complete the Speaker’s Form and include the topic(s) to be presented. Citizens who wish to address the Council with regard to matters on the agenda will 1 be received at the time the item is considered. The Council is not allowed to converse, deliberate or take action on any matter presented during citizen input. REPORTS Staff Reports are for discussion only. No action may be taken on items listed under this portion of the agenda. 1. Construction update from DEC Engineering, Dannenbaum, regarding the IH-35 / FM 455 Expansion Project 2. Presentation and overview of the City Secretary's Office. CONSENT AGENDA All items on the Consent Agenda will be acted upon by one vote without being discussed separately unless requested by a Councilmember to remove the item(s) for additional discussion. Any items removed from the Consent Agenda will be taken up for individual consideration. 3. Consideration and possible action on the minutes from the February 3, 2023, meeting. 4. Consideration and possible action on the minutes from the February 4, 2023, meeting. 5. Consideration and possible action on the minutes from the February 6, 2023, meeting. 6. Consideration and possible action on accepting a donation in the amount of $5000.00 from Sanger Softball Association to upgrade the new scoreboards at Porter Park. 7. Consideration and possible action on Resolution 2023-01, Appointing Matt Fuller to the Ray Roberts Planning Commission. ACTION ITEMS 8. Consideration and possible action on ratifying Change Request No. 1 in the amount of $5,060.00 with North Rock Construction for the Porter Park Softball Field Renovations. 9. Consideration and possible action on ratifying Change Request No. 2 in the amount of $531.30 with North Rock Construction for the Porter Park Softball Field Renovations. 10. Consideration and possible action on Change Order No. 9 in the amount of $334,518.20 with Quality Excavation, LLC for the FM 455 Project to identify all line item overruns; and, authorize the City Manager to execute said Change Order No. 9. FUTURE AGENDA ITEMS The purpose of this item is to allow the Mayor and Councilmembers to bring forward items they wish to discuss at a future meeting, A Councilmember may inquire about a subject for which notice has not been given. A statement of specific factual information or the recitation of 2 existing policy may be given. Any deliberation shall be limited to a proposal to place the subject on an agenda for a subsequent meeting. Items may be placed on a future meeting agenda with a consensus of the Council or at the call of the Mayor. INFORMATIONAL ITEMS Information Items are for informational purposes only. No action may be taken on items listed under this portion of the agenda. 11. Atmos Rider GCR - Rate Filing Docket No 10170 - January 25, 2023 12. Atmos Industrial Sales tariff sheet Schedule I - January 20, 2023 EXECUTIVE SESSION Pursuant to the Open Meetings Act, Chapter 551, the City Council Will Meet in a Closed Executive Session in Accordance with the Texas Government Code: Section 551.072. DELIBERATION REGARDING REAL PROPERTY For deliberations regarding the purchase, exchange, lease, or value of real property if deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person specifically, Michael Riley, Laura Riley, and J. Mike Riley Ranch Properties, LLC, (collectively the "Owner"). RECONVENE INTO REGULAR SESSION Reconvene into Regular Session and take any action deemed necessary as a result of Executive Session. ADJOURN NOTE: The City Council reserves the right to adjourn into Executive Session as authorized by Texas Government Code, Section 551.001, et seq. (The Texas Open Meetings Act) on any item on its open meeting agenda in accordance with the Texas Open Meetings Act, including, without limitation Sections 551.071-551.087 of the Texas Open Meetings Act. CERTIFICATION I certify that a copy of this meeting notice was posted on the bulletin board at City Hall that is readily accessible to the general public at all times and was posted on the City of Sanger website on February 15, 2023, at 4:00 PM. /s/Kelly Edwards Kelly Edwards, City Secretary 3 The Historical Church is wheelchair accessible. Request for additional accommodations or sign interpretation or other special assistance for disabled attendees must be requested 48 hours prior to the meeting by contacting the City Secretary’s Office at 940.458.7930. 4 CITY COUNCIL COMMUNICATION DATE: February 21, 2023 FROM: Kelly Edwards, City Secretary AGENDA ITEM: Consideration and possible action on the minutes from the February 3, 2023, meeting. SUMMARY: N/A FISCAL INFORMATION: Budgeted: N/A Amount: $0.00 GL Account: N/A RECOMMENDED MOTION OR ACTION: Approve the minutes from the February 3, 2023, meeting. ATTACHMENTS: 01/03/2023 City Council minutes 5 Item 3. City Council Minutes 02-03-2023 Page 1 of 3 CITY COUNCIL WORK SESSION MINUTES FEBRUARY 03, 2023, 8:00 AM CITY COUNCIL WORK SESSION HOLIDAY INN EXPRESS & SUITES (MEETING ROOM) - 600 N STEMMONS ST, SANGER, TX 76266 CALL THE WORK SESSION TO ORDER AND ESTABLISH A QUORUM Mayor Muir called the work session to order at 8:04 a.m. COUNCILMEMBERS PRESENT Mayor Thomas Muir Mayor Pro Tem, Place 2 Gary Bilyeu Councilmember, Place 1 Marissa Barrett Councilmember, Place 3 Dennis Dillon Councilmember, Place 5 Victor Gann COUNCILMEMBERS ABSENT Councilmember, Place 4 Allen Chick STAFF MEMBERS PRESENT: City Manager John Noblitt, Assistant City Manager Alina Ciocan, City Secretary Kelly Edwards, City Attorney Hugh Coleman, Director of Development Services Ramie Hammonds, Director of Economic Development Shani Bradshaw, Electric Superintendent Mike Prater, and Director of Public Works Jim Bolz. DISCUSSION ITEMS 1. Introduction/ Overview of the current state of the City as it relates to growth. City Manager Noblitt provided an overview of today’s session, and current and ongoing development. 2. Presentation and discussion on Emergency Services Districts (ESDs). Debra Drayovitch, provided a presentation and overview of ESD and Special Districts. 6 Item 3. City Council Minutes 02-03-2023 Page 2 of 3 Discussion ensued regarding the Pros & Cons of EDSs, how to proceed considering the size of Sanger’s Fire District, and the current Interlocal Agreement with Denton County, including the reimbursement amounts. 3. Presentation and discussion on Municipal Utility Districts (MUDs) and Public Improvement Districts (PIDs). Mary Petty, P3Works, provided a presentation and overview of Municipal Utility Districts (MUDs) and Public Improvement Districts (PIDs). Discussion ensued regarding Development Agreements, Special Districts financing mechanisms, how Development Agreements are the controlling document, and negotiable items in Development Agreements. 4. Presentation and discussion on future City infrastructure needs including Electric, Water, and Wastewater. Director Prater provided a presentation and overview regarding Electric infrastructure. Discussion ensued regarding budgeting for future growth by extending electric capacity, consumption of new users, increasing the megawatts to be prepared for future growth, benefits of adding the SCADA system, and the forthcoming development within the city’s Electric CCN. Director Bolz provided a presentation and overview of the water, wastewater, and streets. Discussion ensued regarding future road projects, utilizing a SUMP program, treatment of wastewater and the capacity, and above-ground storage capacity. 5. Presentation and discussion on development processes which includes but not limited to: Overview of development practices and update on Zoning/Subdivision/Sign ordinance rewrite; development processes; and discussion on targeted Housing Mix. Assistant City Manager Ciocan provided a presentation and overview of development, including establishing a policy and process for PIDs, then provided an overview of other municipalities' guidelines for Special Districts, TECQ approval of MUDs, Director Hammonds provided a presentation and overview of the rewrite of the ordinances and the city’s development process. Discussion ensued regarding streamlining the ordinances, the platting process, why staff would recommend denial of a plat, zoning code amendments, and to be notified of the rewrite revisions suggested during the public meetings. 7 Item 3. City Council Minutes 02-03-2023 Page 3 of 3 6. Presentation and discussion on economic development. Director Bradshaw provided a presentation and overview of both Economic Development Boards’ structure, the goals of each board, and operation highlights. Discussion ensued regarding prioritizing the needs of economic development moving forward, prospects that need large infrastructure demands, talking to property owners regarding sellable property, partnering with local colleges to foster workforce opportunities, and Miracle League field status. 7. Discussion of key points regarding development, growth, and infrastructure that require Council direction. City Manager Noblitt provided a presentation regarding the Council survey outlining items on track and those with room for opportunities to build on moving forward, and determining the Council’s goals and desired outcomes. Discussion ensued regarding tying department projects and budgeting strategies to the Council’s organizational goals to reach the desired outcomes, prioritizing the goals, and the timeline necessary to build a wastewater plant. Mayor stated he would like to discuss Council direction regarding the following items: mixed housing opportunities, what would be allowed in PID or MMD within the city’s CCN, and infrastructure needs for growth. ADJOURN THE WORK SESSION There being no further business, Mayor Muir adjourned the work session at 4:55 p.m. _______________________________ Thomas E. Muir, Mayor ______________________________ Kelly Edwards, City Secretary 8 Item 3. CITY COUNCIL COMMUNICATION DATE: February 21, 2023 FROM: Kelly Edwards, City Secretary AGENDA ITEM: Consideration and possible action on the minutes from the February 4, 2023, meeting. SUMMARY: N/A FISCAL INFORMATION: Budgeted: N/A Amount: $0.00 GL Account: N/A RECOMMENDED MOTION OR ACTION: Approve the minutes from the February 4, 2023, meeting. ATTACHMENTS: 01/04/2023 City Council minutes 9 Item 4. City Council Minutes 02-04-2023 Page 1 of 3 CITY COUNCIL WORK SESSION MINUTES FEBRUARY 04, 2023, 8:00 AM CITY COUNCIL WORK SESSION HOLIDAY INN EXPRESS & SUITES (MEETING ROOM) - 600 N STEMMONS ST, SANGER, TX 76266 CALL THE WORK SESSION TO ORDER AND ESTABLISH A QUORUM Mayor Muir called the work session to order at 8:02 a.m. COUNCILMEMBERS PRESENT Mayor Thomas Muir Mayor Pro Tem, Place 2 Gary Bilyeu Councilmember, Place 1 Marissa Barrett Councilmember, Place 3 Dennis Dillon Councilmember, Place 4 Allen Chick Councilmember, Place 5 Victor Gann COUNCILMEMBERS ABSENT None STAFF MEMBERS PRESENT: City Manager John Noblitt, Assistant City Manager Alina Ciocan, City Secretary Kelly Edwards, City Attorney Hugh Coleman, Director of Development Services Ramie Hammonds, Director of Economic Development Shani Bradshaw, Electric Superintendent Mike Prater, and Director of Public Works Jim Bolz. DISCUSSION ITEMS 1. Introduction/ Overview of the current state of the City as it relates to growth. 2. Presentation and discussion on Emergency Services Districts (ESDs). 3. Presentation and discussion on Municipal Utility Districts (MUDs) and Public Improvement Districts (PIDs). 4. Presentation and discussion on future City infrastructure needs including Electric, Water, and Wastewater. 10 Item 4. City Council Minutes 02-04-2023 Page 2 of 3 5. Presentation and discussion on development processes which includes but not limited to: Overview of development practices and update on Zoning/Subdivision/Sign ordinance rewrite; development processes; and discussion on targeted Housing Mix. 6. Presentation and discussion on economic development. 7. Discussion of key points regarding development, growth, and infrastructure that require Council direction. PIDs, MUDS, and MMD  Formally adopting a policy for staff use as a guide  MMD or PID in ETJ – annex into the city limits, greater than 300 acres, provide benefits such as water/wastewater site, planned community, carry their own capacity, provide an area for future municipal facilities, Developer Agreements, include the guidelines in the Developer packet on the website Discussion ensued regarding the adoption of the PID and MMD guidelines, including the adopted guidelines in a developer packet, staff reporting items that meet or don’t meet those guidelines, proceeding to protest MUDs, a regional approach to rural service areas in the ETJ without service, and scheduling a work session for MDD and PID proposed developments.  PID Committee process replacing by the adopted policy, therefore, dissolving the PID Committee  MUDs guidelines – proceed with the process to protest and move forward Housing Mix Discussion Discussion ensued regarding the proposed study showing a detailed breakout of the current housing with square footage and lot size, review requirements for Garden Homes and Town Homes, defining ‘Urban Residential’, the current housing mix adopted by resolution, and the possibility of establishing an apartment square footage. Electric Discussion Discussion ensued regarding the implementation of the SCADA Control System, solar and diesel generation options with AEP at the Walmart facility, adding additional megawatts, an additional transformer, future substation options, purchasing agreements, Transmission Operator requirements, transformer lead-time, expanding the substation, and future land acquisition. Wastewater Discussion ensued regarding wastewater options for the future, the number of sewer connections, the largest users, the impact of future approved developments, PID usage and building out to capacity, the impact of residential and commercial developments in process, managing and phasing in new development, and system expansion. 11 Item 4. City Council Minutes 02-04-2023 Page 3 of 3 Water Discussion ensued regarding drilling an additional well, future tank and elevated tower storage, increasing redundancy and pressure, service for Riley Ranch, additional capacity to assist with future prospects, and pursuing outer looping possibilities. Roads Discussion ensued regarding roads and streets, County bond funds for the repair of two roadways, the current road program, working with an Engineering firm to establish a SUMP (Street Utility Maintenance Program) Program for repairs of streets, and the costs for Marion Road. Solid Waste Discussion ensued regarding the current agreement, direction for staff regarding specifics of the RFP, an option for residents to opt-in for recycling services, and a survey of residents regarding recycling and trash pickup.  Survey (one can pick up twice a week or two cans one time a week) 4A & 4B Discussion ensued regarding the downtown park outlined in the Comprehensive Plan, purchasing land, an agreement between the City and Economic Development Boards regarding the Director’s employment, the status of the Miracle League field, the Sanger Area Chamber of Commerce, and preparing action plans for both boards. ESDs Discussion ensued regarding working with the County and surrounding municipalities to discuss the costs and repayment of serving the Districts with equity.  Continue updating Council on any progress. ADJOURN THE WORK SESSION There being no further business, Mayor Muir adjourned the work session at 3:21 p.m. _______________________________ Thomas E. Muir, Mayor ______________________________ Kelly Edwards, City Secretary 12 Item 4. CITY COUNCIL COMMUNICATION DATE: February 21, 2023 FROM: Kelly Edwards, City Secretary AGENDA ITEM: Consideration and possible action on the minutes from the February 6, 2023, meeting. SUMMARY: N/A FISCAL INFORMATION: Budgeted: N/A Amount: $0.00 GL Account: N/A RECOMMENDED MOTION OR ACTION: Approve the minutes from the February 6, 2023, meeting. ATTACHMENTS: 01/06/2023 City Council minutes 13 Item 5. City Council Minutes 02-06-2023 Page 1 of 6 CITY COUNCIL MEETING MINUTES FEBRUARY 06, 2023, 6:00 PM CITY COUNCIL REGULAR MEETING HISTORIC CHURCH BUILDING - 403 N 7TH STREET, SANGER, TEXAS CALL THE WORK SESSION TO ORDER AND ESTABLISH A QUORUM Mayor Muir called the work session to order at 6:01 p.m. COUNCILMEMBERS PRESENT Mayor Thomas Muir Mayor Pro Tem, Place 2 Gary Bilyeu Councilmember, Place 1 Marissa Barrett Councilmember, Place 3 Dennis Dillon Councilmember, Place 4 Allen Chick Councilmember, Place 5 Victor Gann COUNCILMEMBERS ABSENT None STAFF MEMBERS PRESENT: City Manager John Noblitt, Assistant City Manager Alina Ciocan, City Secretary Kelly Edwards, City Attorney Hugh Coleman, Finance Director Clayton Gray, Director of Human Resources and Special Projects Jeriana Staton, Marketing and Civic Engagement Director Donna Green, Chief of Police Waylan Rhodes, Director of Public Works Jim Bolz, and Assistant Police Chief Jonathan Perkins. OVERVIEW OF ITEMS ON THE REGULAR AGENDA 1. Presentation and overview of the Annual Financial Report and related audit by BrooksWatson & Co. for the fiscal year ending September 30, 2022. Director Gray introduced Jon Watson from BrooksWatson & Company. Mr. Watson provided a presentation and overview of the audit report. 14 Item 5. City Council Minutes 02-06-2023 Page 2 of 6 Discussion ensued regarding net pension rations, lump sum contributions, GASB 87 calculating lease payments, internal controls, and recommendations. DISCUSSION ITEMS No additional discussion ADJOURN THE WORK SESSION There being no further business, Mayor Muir adjourned the work session at 6:56 p.m. CALL THE REGULAR MEETING TO ORDER AND ESTABLISH A QUORUM Mayor Muir called the regular meeting to order at 7:03 p.m. COUNCILMEMBERS PRESENT Mayor Thomas Muir Mayor Pro Tem, Place 2 Gary Bilyeu Councilmember, Place 1 Marissa Barrett Councilmember, Place 3 Dennis Dillon Councilmember, Place 4 Allen Chick Councilmember, Place 5 Victor Gann COUNCILMEMBERS ABSENT None STAFF MEMBERS PRESENT: City Manager John Noblitt, Assistant City Manager Alina Ciocan, City Secretary Kelly Edwards, City Attorney Hugh Coleman, Finance Director Clayton Gray, Director of Development Services Ramie Hammonds, Director of Human Resources and Special Projects Jeriana Staton, Marketing and Civic Engagement Director Donna Green, Chief of Police Waylan Rhodes, Director of Public Works Jim Bolz, and Assistant Police Chief Jonathan Perkins, and Director of Public Works Jim Bolz. INVOCATION AND PLEDGE Councilmember Bilyeu gave the invocation, the Pledge of Allegiance was led by Councilmember Gann. 15 Item 5. City Council Minutes 02-06-2023 Page 3 of 6 CITIZENS COMMENTS Cole Thompson, spoke regarding Public Safety and his previous employment. Katherine Curtis, 113 Ringneck Drive, spoke regarding her stolen vehicle and issues with the Police Department’s responsiveness. CONSENT AGENDA 2. Consideration and possible action on the minutes from the January 17, 2023, meeting. 3. Consideration and possible action to issue the notice to proceed with South Manor Court cul-de-sac project. 4. Consideration, Acknowledgement, and Acceptance of the Annual Financial Report and Related Audit by BrooksWatson & Co. for the Fiscal Year Ending September 30, 2022. 5. Consideration and possible action on an Inter-Local Cooperation Agreement between Denton County and the City of Sanger Police and Fire Departments for the use of the Denton County Radio Communications System. 6. Consideration and possible action on Ordinance 02-03-23, amending the budget for the 2022-2023 fiscal year and authorizing amended expenditures as provided; providing for the repeal of all ordinances in conflict; providing a cumulative clause; providing for a severability clause; and providing a savings clause; an establishing an effective date. 7. Consideration and possible action acknowledging no responses to the Request for Qualifications (RFQ) for the update to the Roadway Impact Fee Study were received; and proceeding with reposting the Request for Qualifications (RFQ) for the same. Motion to approve the consent agenda made by Councilmember Bilyeu, Seconded by Councilmember Dillon. Voting Yea: Councilmember Barrett, Councilmember Chick, and Councilmember Gann. Motion passed unanimously. PUBLIC HEARING ITEMS 8. Conduct a public hearing regarding a zoning change from (B-1) Business-1 to (SF-10) Single Family-10 for approximately 0.5877 acres of land, described as MARY H SHIRLEY LOT 7, generally located on the southwest corner of 2nd Street and Church Street. Mayor Muir opened the public hearing at 7:13 p.m. Director Hammonds provided an overview of the item. 16 Item 5. City Council Minutes 02-06-2023 Page 4 of 6 Mayor Muir closed the public hearing at 7:15 p.m. ACTION ITEMS 9. Consideration and possible action on Ordinance No. 02-02-23 regarding a zoning change from (B-1) Business-1 to (SF-10) Single Family-10 for approximately 0.5877 acres of land, described as MARY H SHIRLEY LOT 7, generally located on the southwest corner of 2nd Street and Church Street. Discussion ensued regarding the zoning of the surrounding properties. Motion to approve made by Councilmember Barrett, Seconded by Councilmember Bilyeu. Voting Yea: Councilmember Chick, Councilmember Dillon, and Councilmember Gann. Motion passed unanimously. 10. Consideration and possible action on the Preliminary Plat of STC Phase 2, being 119.199 acres, located in the City of Sanger, and generally located on the west side of Sanger Circle Addition and west of Montecristo Lane and Bridle Path Lane. Director Hammonds provided an overview of the item. Discussion ensued regarding access to the property. Motion to approve made by Councilmember Gann, Seconded by Councilmember Dillon. Voting Yea: Councilmember Barrett, Councilmember Bilyeu, and Councilmember Chick. Motion passed unanimously 11. Consideration and possible action on the Preliminary Plat of the Metz View Addition, being 59.97 acres, located in the City of Sanger’s ETJ, and generally located on the east side of Metz Road at the intersection of Metz Road and View Road. Director Hammonds provided an overview of the item, explaining the reason staff recommends denial. Lee Allison, applicant, acknowledged that the Engineering comments had not been satisfied. Discussion ensued regarding access to the homes, drainage, and ponds. Motion to deny due to comments not being addressed made by Councilmember Bilyeu, Seconded by Councilmember Barrett. Voting Yea: Councilmember Chick, Councilmember Dillon, and Councilmember Gann. Motion passed unanimously 17 Item 5. City Council Minutes 02-06-2023 Page 5 of 6 12. Consideration and possible action on the Final Plat of the Metz View Addition, being 59.97 acres, located in the City of Sanger’s ETJ, and generally located on the east side of Metz Road at the intersection of Metz Road and View Road. Motion to deny due to comments not being addressed made by Councilmember Bilyeu, Seconded by Councilmember Gann. Voting Yea: Councilmember Barrett, Councilmember Chick, and Councilmember Dillon. Motion passed unanimously 13. Consideration and possible action on the Final Plat of the Sanger Storage Addition, being 9.325 acres, located in the City of Sanger, and generally located on the west side of Stemmons Road approximately 192 feet south of Duck Creek Road. Director Hammonds stated that the applicant requested a 30-day extension. No action taken. Mayor Muir moved to Executive Session. FUTURE AGENDA ITEMS None. EXECUTIVE SESSION Pursuant to the Open Meetings Act, Chapter 551, the City Council Will Meet in a Closed Executive Session in Accordance with the Texas Government Code: Section 551.072. DELIBERATION REGARDING REAL PROPERTY For deliberations regarding the purchase, exchange, lease, or value of real property if deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person specifically, Michael Riley, Laura Riley, and J. Mike Riley Ranch Properties, LLC, (collectively the "Owner"). Council convened into executive session at 7:26 p.m. RECONVENE INTO REGULAR SESSION Reconvene into Regular Session and take any action deemed necessary as a result of Executive Session. Council reconvened into open session at 8:22 p.m. No action taken. Mayor Muir moved back to Future Agenda Items. 18 Item 5. City Council Minutes 02-06-2023 Page 6 of 6 INFORMATIONAL ITEMS 14. TML denial letter regarding a claim from Kumar Mainali ADJOURN There being no further business, Mayor Muir adjourned the meeting at 8:23 p.m. _______________________________ Thomas E. Muir, Mayor ______________________________ Kelly Edwards, City Secretary 19 Item 5. CITY COUNCIL COMMUNICATION DATE: February 21, 2023 FROM: Ryan Nolting, Parks & Recreation Director AGENDA ITEM: Consideration and possible action on accepting a donation in the amount of $5000.00 from Sanger Softball Association to upgrade the new scoreboards at Porter Park. SUMMARY:  City contacted Sanger Softball Association about timers being added to the new scoreboards at Porter Park on January 26, 2023.  Sanger Softball Association’s check for the $5000.00 was deposited on January 30, 2023. FISCAL INFORMATION: Budgeted: NO Amount: $5000.00 GL Account: RECOMMENDED MOTION OR ACTION:  Staff recommends approval. ATTACHMENTS: None 20 Item 6. CITY COUNCIL COMMUNICATION DATE: February 21, 2023 FROM: Kelly Edwards, City Secretary AGENDA ITEM: Consideration and possible action on Resolution 2023-01, Appointing Matt Fuller to the Ray Roberts Planning Commission. SUMMARY:  Local Government Code Section 213.107 (d) allows a mayor serving on the commission to designate another person to serve in place of the mayor at one or more commission meetings.  Mayor Muir has designated Matt Fuller to serve on the commission. FISCAL INFORMATION: Budgeted: N/A Amount: $0.00 GL Account: N/A RECOMMENDED MOTION OR ACTION: Approve the resolution appointing Matt Fuller to the Ray Roberts Planning and Zoning Commission. ATTACHMENTS: Resolution 2023-01 21 Item 7. Resolution – Appointing Matt Fuller to Ray Roberts PZ Commission Page 1 of 1 CITY OF SANGER, TEXAS RESOLUTION NO. 2023-01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS, APPOINTING MATT FULLER AS THE CITY OF SANGER, TEXAS REPRESENTATIVE TO THE LAKE RAY ROBERTS PLANNING AND ZONING COMMISSION TO FILL A TERM ENDING ON FEBRUARY 1 OF AN ODD -NUMBER YEAR OCCURRING AFTER THE DATE OF APPOINTMENT. WHEREAS, pursuant to Local Government Code Chapter 231, SUBCHAPTER F, Section 231.103 provides for the Zoning around Lake Ray Roberts; and WHEREAS, Section 231.107 (a) 3 states that the Planning Commission is composed of the mayor of each municipality the territory or extraterritorial jurisdiction of which includes any part of the lake area in the county serves on the Lake Planning Commission; and WHEREAS, Section 213.107 (d) allows a mayor serving on the commission to designate another person to serve in place of the mayor at one or more commission meetings; and WHEREAS, the City Council finds that the passage of this Resolution is in the best interest of the citizens of Sanger. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: SECTION 1. The facts and recitals set forth in the preamble of this resolution are hereby found to be true and correct. SECTION 2. That Mayor Muir recommends Sanger resident Matt Fuller, as the City's representative for the Lake Ray Roberts Planning and Zoning Commission to fill a term ending February 1 of 2025. SECTION 4. That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED THIS THE 21ST DAY OF FEBRUARY, 2023. APPROVED: ATTEST: _______________________________ Thomas E. Muir, Mayor _______________________________ Kelly Edwards, City Secretary 22 Item 7. CITY COUNCIL COMMUNICATION DATE: February 21, 2023 FROM: Ryan Nolting, Parks & Recreation Director AGENDA ITEM: Consideration and possible action on ratifying Change Request No. 1 in the amount of $5,060.00 with North Rock Construction for the Porter Park Softball Field Renovations. SUMMARY:  January 5, 2023 – Executed contact with North Rock Construction for the Porter Park Softball Field Renovations.  January 26, 2032 - City contacted Sanger Softball Association about adding timers to the new scoreboards at Porter Park.  January 30, 2023 - Sanger Softball Association gave a check for $5000.00 for the upgrade to the scoreboard.  February 2, 2023 – Executed Change Request No. 1 by City Manager. This action was needed to keep the project on track. Estimated time of arrival for the scoreboards, 20 weeks. FISCAL INFORMATION: Budgeted: NO Amount: $5,060.00 GL Account: 76-6116 RECOMMENDED MOTION OR ACTION:  Staff recommends approval. ATTACHMENTS: Change Request No. 1 23 Item 8. 24 Item 8. 521 South Loop 288, Suite 125 Denton, TX 76205 Phone: 940-220-5500 Project Contract # Attention Contract Date OH&P NR Project # Start Date Compl Date Today's Date Owner Change Order Line Item Quantity Unit Unit Price 1 1 LS 4,400.00$ 2 1 LS 3 1 LS 4 1 LS 5 1 LS 6 1 EA 3 1 LS 15% Total Add: 5,060.00$ Deductions 1 4 EA 2 1 LS Total Deduct: 0.00 -$ Total:5,060.00$ Date: North Rock Construction Garrett Harden (Project Engineer) Accepted By: Friday, January 27, 2023 $ - $ - Subtotal 4,400.00$ Overhead & Profit 660.00$ Description UOC #1 Total Price -$ -$ Provide and Install countdown timers for (3) scoreboards 4,400.00$ -$ -$ -$ 04/6/2023 Current CO Days Added 0 01/27/2023 Revised Contract Days 80 22N-090 Original Contract Day 80 01/16/2023 Previous Added Days 0 01/5/2023 Current Contigency request $5,060.00 15%Balance of Contigency 8,940.00$ Porter Park Softball Field Renovations RFP #2023-002 U.O.C # 1 Original Contract Amount $ 348,579.21 Ryan Nolting Previous Change Orders $- 25 Item 8. CITY COUNCIL COMMUNICATION DATE: February 21, 2023 FROM: Ryan Nolting, Parks & Recreation Director AGENDA ITEM: Consideration and possible action on ratifying Change Request No. 2 in the amount of $531.30 with North Rock Construction for the Porter Park Softball Field Renovations. SUMMARY:  January 5, 2023 – Executed contact with North Rock Construction for the Porter Park Softball Field Renovations.  February 2, 2023 – Executed Change Request No. 2 by City Manager to add city logos to each scoreboard. This action was needed to keep the project on track. Estimated time of arrival for the scoreboards, 20 weeks. FISCAL INFORMATION: Budgeted: NO Amount: $531.30 GL Account: 76-6116 RECOMMENDED MOTION OR ACTION:  Staff recommends approval. ATTACHMENTS: Change Request No. 2 26 Item 9. 27 Item 9. 521 South Loop 288, Suite 125 Denton, TX 76205 Phone: 940-220-5500 Project Contract # Attention Contract Date OH&P NR Project # Start Date Compl Date Today's Date Line Item Quantity Unit Unit Price 1 1 LS 462.00$ 2 1 LS 3 1 LS 4 1 LS 5 1 LS 6 1 EA 3 1 LS 15% Total Add: 531.30$ Deductions 1 4 EA 2 1 LS Total Deduct: -$ Total:531.30$ Date: North Rock Construction Garrett Harden (Project Engineer) Accepted By: Porter Park Softball Field Renovations RFP #2023-002 U.O.C # 2 Original Contract Amount $ 348,579.21 Ryan Nolting Previous Change Orders $5,060.00 01/5/2023 Current Contigency request $531.30 15%Balance of Contigency 8,408.70$ 22N-090 Original Contract Day 80 01/16/2023 Previous Added Days 0 04/6/2023 Current CO Days Added 0 02/2/2023 Revised Contract Days 80 Description UOC #2 Total Price -$ -$ Add City of Sanger logo to (3) scoreboards 462.00$ -$ -$ -$ Subtotal 462.00$ Overhead & Profit 69.30$ $ - $ - Thursday, February 2, 2023 28 Item 9. CITY COUNCIL COMMUNICATION DATE: February 21, 2023 FROM: Jim Bolz, Director of Public Works AGENDA ITEM: Consideration and possible action on Change Order No. 9 in the amount of $334,518.20 with Quality Excavation, LLC for the FM 455 Project to identify all line item overruns; and, authorize the City Manager to execute said Change Order No. 9. SUMMARY:  This project has had numerous instances where the conditions on the ground were not reflective of the plan sets provided  Many of these issues stemmed from existing infrastructure not being located on plan sets or being unidentified in current maps used to provide locates during construction  Staff verbally approved several material and labor overruns in the field due to the critical timing and sequencing of the project  This item will true-up the contract document FISCAL INFORMATION: Budgeted: YES Amount: $334,518.20 GL Account: 840-54- 6526.2/840-50-6256.2  Original Contract Amount $4,546,550.20  Up-to-date Contract Amount $4,748,746.65 o Change Order No. 1 $39,993.00 o Change Order No. 2 $3,145.00 o Change Order No. 3 $23,650.00 o Change Order No. 4 $44,260.45 o Change Order No. 5 $27,040.00 o Change Order No. 6 $20,348.00 o Change Order No. 7 $11,600.00 o Change Order No.8 $32,160.00 RECOMMENDED MOTION OR ACTION: Staff recommends approval ATTACHMENTS:  Change Order No. 9 29 Item 10. 30 Item 10. 31 Item 10. Chris Felan Vice President Rates & Reoulatory Affairs January 25, 2023 City Official Re: Rider GCR -Rate Filing under Docket No. 10170 Enclosed is Atmos Energy Corp., Mid -Tex Division's Statement of Rider GCR applicable for the February 2023 billing periods. This Statement details the gas cost component of the residential, commercial, and industrial sales rates for customers within your city. This filing is for informative purposes only and no action is required on your city's part. Should you have any questions, please let me know. Sincerely, P L Chris Felan Vice President, Rates and Regulatory Affairs Atmos Energy, Mid -Tex Division Attachment Atmos Energy Corporation 5420 LBJ Freeway, Sulte 1800 Dallas, TX 75240 P 214-208-2558 F 214-208-2125 Christopher.Feian@atmosenergy.com 32 Item 11. O U UO 0 Z Ofw M Z Z Motto U soots 0 LL 00 N UcUa W W m OWING Z co W Z U_ m LU Foot W LL w 0 ¢ ¢ m U) W m Q a6 N t C) MVO V CO D to O m COI. 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CZ { O— LU a 0 LO co N N N a aNN 33 Item 11. energy January 20,2023 To The Honorable Mayor and City Council Attached is a revised Schedule I -Industrial Sales tariff sheet for Atmos Energy Corporation,Mid- Tex Division’s (the “Company”)tariffs.The revisions to Schedule I -Industrial Sales of the Company's tariff will not impact any existing customer,service offering,or rate charged by the Company.The revisions will become effective on January 31,2023. The revisions to Schedule I —Industrial Sales of the Company's tariffs are being made in response to the Railroad Commission of Texas (Commission)recently adopted revisions to 16 TAC §7.455, relating to Curtailment Standards and updating natural gas curtailment priority levels for Texas natural gas utilities.As part of that rulemaking process,the Commission adopted revisions to 16 TAC §7.455 that elevated the curtailment priority of industrial customers.Previously,under the Company's applicable curtailment order,all industrial customers were one of the lowest levels of priority. The tariff revision will lower the industrial sales usage threshold to ensure that the Company can meet the elevated curtailment priority that is now applicable to industrial customers.Customers with usage above this threshold may take service pursuant to special contract arrangements. Specifically,the Company is making the following changes to Schedule I -Industrial Sales: Applicable to Industrial Customers with a maximum daily usage (MDU)of less than 200 MMBtu per day for all natural gas provided at one Point of Delivery and measured through one meter.Service for Industrial Customers with an MDU equal to or greater than 200 MMBtu per day will be provided at Company’s sole option and will require special contract arrangements between Company and Customer. The existing threshold of 3,500 MMBtu per day is roughly the equivalent of the gas usage of approximately 2,800 residential customers.The lower threshold of 200 MMBtu is roughly the equivalent of the gas usage of approximately 165 residential customers. If you have any questions or require additional information regarding this matter,please contact me at your earliest convenience. Sincerely, K "v.^1A/v Chris Felan Vice President,Rates &Regulatory Affairs Atmos Energy,Mid-Tex Division Enclosure: Mid-Tex Division Industrial Sales Tariff Atmos Energy Corporation P.O.Box 223705 Dallas,TX 75222-3705 P 214-206-2568 F 214-206-2126 christopher.felan@atmosenergy.com 34 Item 12. MID-TEX DIVISION ATMOS ENERGY CORPORATION RRC Tariff No:33010 RATE SCHEDULE:INDUSTRIAL SALES ALL CUSTOMERS IN THE MID-TEX DIVISION IN THE ATMOS TEXAS MUNICIPALITIES COALITION (“ATM”)APPLICABLE TO: EFFECTIVE DATE:Bills Rendered on or after 09/01/2022 PAGE 35 Application Applicable to Industrial Customers with a maximum daily usage (MDU)of less than 200 MMBtu per day for all natural gas provided at one Point of Delivery and measured through one meter.Service for Industrial Customers with an MDU equal to or greater than 200 MMBtu per day will be provided at Company 's sole option and will require special contract arrangements between Company and Customer. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery,additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and MMBtu charges to the amounts due under the riders listed below: Charge Amount $784.00 per monthCustomerChargeperMeter $988.57 per month1InterimRateAdjustment("IRA") $1,772.57 per monthTotalCustomerCharge $0.3312 per MMBtuFirst0MMBtuto1,500 MMBtu $0.2425 per MMBtuNext3,500 MMBtu $0.0520 per MMBtuAllMMBtuover5,000 MMBtu Gas Cost Recovery:Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part (a)and Part (b),respectively,of Rider GCR. Franchise Fee Adjustment:Plus an amount for franchise fees calculated in accordance with Rider FF.Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality . Tax Adjustment:Plus an amount for tax calculated in accordance with Rider TAX. Surcharges:Plus an amount for surcharges calculated in accordance with the applicable rider(s). Curtailment Overpull Fee Upon notification by Company of an event of curtailment or interruption of Customer’s deliveries,Customer will,for each MMBtu delivered in excess of the stated level of curtailment or interruption,pay Company 200%of the midpoint price for the Katy point listed in Platts Gas Daily published for the applicable Gas Day in the table entitled “Daily Price Survey.” 2018 IRA -$155.80,2019 IRA -$261.93,2020 IRA -$261.77,2021 IRA -$309.07. 35 Item 12. MID-TEX DIVISION ATMOS ENERGY CORPORATION RRC Tariff No:33010 RATE SCHEDULE:I -INDUSTRIAL SALES ALL CUSTOMERS IN THE MID-TEX DIVISION IN THE ATMOS TEXAS MUNICIPALITIES COALITION (“ATM”)APPLICABLE TO: EFFECTIVE DATE:Bills Rendered on or after 09/01/2022 PAGE 36 Replacement Index In the event the "midpoint”or "common”price for the Katy point listed in Platts Gas Daily in the table entitled “Daily Price Survey”is no longer published,Company will calculate the applicable imbalance fees utilizing a daily price index recognized as authoritative by the natural gas industry and most closely approximating the applicable index. Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company’s Tariff for Gas Service. Special Conditions In order to receive service under Rate I,Customer must have the type of meter required by Company. Customer must pay Company all costs associated with the acquisition and installation of the meter. Presumption of Plant Protection Level For service under this Rate Schedule,plant protection volumes are presumed to be 10%of normal,regular, historical usage as reasonably calculated by the Company in its sole discretion.If a customer believes it needs to be modeled at an alternative plant protection volume,it should contact the company at mdtx .plantprotection@atmosenergy .com . 36 Item 12. MID-TEX DIVISION ATMOS ENERGY CORPORATION RRC Tariff No:33010 RATE SCHEDULE:I -INDUSTRIAL SALES ALL CUSTOMERS IN THE MID-TEX DIVISION IN THE ATMOS TEXAS MUNICIPALITIES COALITION (“ATM”)APPLICABLE TO: EFFECTIVE DATE:Bills Rendered on or after 10/01/2022 PAGE 37 Exhibit A Cities in the Atmos Texas Municipalities Coalition: STAR HARBOR TRINIDAD WHITNEY AUSTIN BALCH SPRINGS BANDERA BLOOMING GROVE BURNET CAMERON CEDAR PARK CLIFTON COMMERCE COPPERAS COVE CORSICANA ELECTRA FREDERICKSBURG GATESVILLE GOLDTHWAITE GRANBURY GREENVILLE GROESBECK HAMILTON HEATH HENRIETTA HICKORY CREEK HICO HILLSBORO LAMPASAS LEANDER LONGVIEW MARBLE FALLS MART MEXIA OLNEY PFLUGERVILLE POINT PRINCETON RANGER RICE RIESEL ROCKDALE ROGERS ROUND ROCK SAN ANGELO SANGER SOMERVILLE 37 Item 12.