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12/16/2013-CC-Agenda Packet-Regularau�geh TEXAS AMENDED AGENDA CITY COUNCIL MONDAY, DECEMBER 16, 2013 7:00 PM 502 ELM STREET 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). CONSENT AGENDA 3. a) Approval of Minutes: December 2, 2013 -City Council b) Disbursements c) Approve a Consultant Services Agreement Between Pacheco Koch, LLC and the City of Sanger, Texas Regarding McReynolds Road Reconstruction (Jones Street to FM 2164) 4. Consider any Items Removed From Consent Agenda. REGULAR AGENDA 5. Consider, Discuss and Possibly Act on Authorizing Staff to Solicit a Request for Proposals for a Construction Manager at Risk (CMR) for Construction of the Spray Park. 6. Conduct a Public Hearing on Rezoning Property Located in the 400 Block of South Stemmons on the West Side of Interstate 35, Between Bolivar Street and Duck Creek Road From (PD) Planned Development to (112) Business District. 7. Consider, Discuss and Possibly Act on Approving Ordinance 912-23-13 - Rezoning Property Located in the 400 Block of South Stemmons on the West Side of Interstate 35, Between Bolivar Street and Duck Creek Road From (PD) Planned Development to (112) Business District. 8. Consider, Discuss and Possibly Act on Approving a Minor Plat for Lot 1, Block A of Creature Land, Being 1.851 Acres in the R. Bebee Survey A-29, in the ETJ of the City of Sanger, Denton County, Texas. 9. EXECUTIVE SESSION: CLOSED MEETING 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 551.074 (Personnel Matters) -City Manager's Annual Performance Review 10. RECONVENE: OPEN MEETING Any Action Taken. 11. INFORMATION ITEMS: aI ATMOS Statement of Rider GCR 12. 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 eneral public at all times, and said notice was posted on the following date and time: 0l�rs Cam, /� 2013 at /� ' �3e4� A--.m. and shall remain posted until meeting is Tami Taber, City Sec City of Sanger, Texas This facility is wheelchair accessible'Mt(ilirlcing 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) 4584930 for further information. au�g�h *TEXAS AGENDA CITY COUNCIL MONDAY, DECEMBER 16, 2013 7:00 PM 502 ELM STREET 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). CONSENT AGENDA 3. a) Approval of Minutes: December 2, 2013 -City Council b) Disbursements c) Approve a Consultant Services Agreement Between Pacheco Koch, LLC and the City of Sanger, Texas Regarding McReynolds Road Reconstruction (Jones Street to FM 2164) 4. Consider any Items Removed From Consent Agenda. REGULAR AGENDA 5. Conduct a Public Hearing on Rezoning Property Located in the 400 Block of South Stemmons on the West Side of Interstate 35, Between Bolivar Street and Duck Creek Road From (PD) Planned Development to (132) Business District. 6. Consider, Discuss and Possibly Act on Approving Ordinance #12-23-13 -Rezoning Property Located in the 400 Block of out Stemmons on the West Side of Interstate 35, Between Bolivar Street and Duck Creek Road From (PD) Planned Development to (132) Business District. 7. Consider, Discuss and Possibly Act on Approving a Minor Plat for Lot 1, Block A of Creature Land, Being 1.851 Acres in the R. Bebee Survey A-29, in the ETJ of the City of Sanger, Denton County, Texas, 8. EXECUTIVE SESSION: CLOSED MEETING 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 551.074 (Personnel Matters) -City Manager's Annual Performance Review 9. RECONVENE: OPEN MEETING Any Action Taken. 10. INFORMATION ITEMS: a) ATMOS Statement of Rider GCR 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 gener public at all times, and said notice was posted on the following date and time: �i/emu / b, a6/� at �. 3 d JQ.m. and shall remain posted until meeting is ao'tJ*d:o �,,.jl Tami Taber, City Sec City of Sanger, Texas This facility is wheelchair accessible aSfN11liA`MUng 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) 4584930 for further information. 11/22/2013 9:36 AM A / P CHECK REGISTER PAGE: 1 PACKET: 06200 11.22.13 VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK CHECK CHECK Vt. ._JR NME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NO$ AMOUNT 03530 JAMES WOOD AUTOPARK, INC. I-425185 PROGRANHABLE KEYS IMPALAS R L1/22/2013 122.40CR 055421 122.40 08690 O'REILLY AUTO PARTS C-1959480520 O'REILLY AUTO PARTS R 11/22/2013 35,00 055422 I-1959-463422 DAILY REPAIR PARTS R L1/22/2013 6.94CR 055422 I-1959-485021 DAILY REPAIR PARTS R 11/22/2013 47.62CR 055422 I-1959480633 MISC PARTS FOR TRUCKS R 11/22/2013 6.45CR 055422 1-1959480640 MISC PARTS FOR TRUCKS R 11/22/2013 7.39CR 055422 I-1959480664 DAILY REPAIR PARTS R 11/22/2013 13.01CR 055422 I-1959480686 DAILY REPAIR PARTS R 11/22/2013 2.99CR 055422 I-1959480749 DAILY REPAIR PARTS R 11/22/2013 39.99CR 055422 I-1959481009 DAILY REPAIR PARTS R 11/22/2013 19.04CR 055422 I-1959481110 DAILY REPAIR PARTS R 11/22/2013 4.31CR 055422 I-1959481204 DAILY REPAIR PARTS R 11/22/2013 25.98CR 055422 1-1959482217 DAILY REPAIR PARTS R 11/22/2013 3.98CR 055422 1-1959482594 DAILY REPAIR PARTS R 11/22/2013 53.99CR 055422 I-1959482595 DAILY REPAIR PARTS R 11/22/2013 10.16CR 055422 I-195948208 DAILY REPAIR PARTS R 11/22/2013 28.86CR 055422 I-1959482685 DAILY REPAIR PARTS R 11/22/2013 66.60CR 055422 I-1959482823 DAILY REPAIR PARTS R 11/22/2013 12.14CR 055422 I-1959484092 DAILY REPAIR PARTS R 11/22/2013 21,87CR 055422 I-1959485007 DAILY REPAIR PARTS R 11/22/2013 91.08CR 055422 I-1959465039 DAILY REPAIR PARTS R 11/22/2013 14.80CR 055422 I-1959485198 DAILY REPAIR PARTS R 11/22/2013 21.73CR 055422 I-1959485209 DAILY REPAIR PARTS R 11/22/2013 5.31CR 055422 I-1959485210 DAILY REPAIR PARTS R 11/22/2013 5.31CR 055422 I-1959485230 DAILY REPAIR PARTS R 11/22/2013 39.99CR 055422 1-1959485284 DAILY REPAIR PARTS R 11/22/2013 227.99CR 055422 1-1959485390 DAILY REPAIR PARTS R 11/22/2013 17.98CR 055422 I-1959486430 DAILY REPAIR PARTS R 11/22/2013 25.80CR 055422 I-195948646] REPAIR PARTS R 11/22/2013 382.72CR 055422 I-SC200199" ORETLLY R 11/22/2013 29.51CR 055422 11209,16 *VOID* VOID CHECK V 11/22/2013 055423 **VOID*4 *VOID* VOID CHECK V 11/22/2013 055424 **VOID** 11030 ICED I-143"12001 ANNUAL PE RI4IT FEES 2013 R 11/22/2013 4, 9"!"1. 60CR 055425 I-14372003 ANNUAL PERMIT FEES 2013 R 11/22/2013 31807.00CR 055425 8,184.60 11/22/2013 9:36 AM A / P CHECK REGISTER PAGE: 2 PACKET: 06200 11.22.13 VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT V�-,JR NAME / I.O. 16240 SCHAD & PULTE I-193310 I-193424 I-193472 I-95341 22300 CARD SERVICE CENTER uesc 02 CYLINDER FILL/EXCHANGE 02 CYLINDER FILL/EXCHANGE 02 CYLINDER FILL/EXCHANGE 02 CYLINDER FILL/EXCHANGE I-000001 BOOT FOR FLAT I-04955024824 HALLOWEEN & BLEACH I-10/23-10/25 GFOAT FALL SEMINAR I-10222013 PUMP HOUSE MATERIAL I-10621"9675898604 WIRELESS ROUTER I-1461000141344 HALLOWEEN 6 BLEACH I-201 DECORATIONS FOR DOWNTOWN I-3122718033389 CANDY FOR SAFE SPOOK I-348524 REPAIR PARTS I-5590 MOUNT - WALL I-8405 BOOKS & DVDS - COLLECTION I-89446 REPAIR PARTS I-943229620207110833 FALL DECOR FOR DOWNTOWN *VOID* VOID CHECK 25020 BANGER HARDWARE I-A26156 I-A26283 I-A26289 I-A26316 I-A26553 I-A26713 I-A26753 I-A26767 I-A26813 I-BG480 I-a26058 BANGER HARDWARE MLSC PARTS MISC PARTS MISO TOOLS&SUPPLIES 2014 MISO SUPPLIES MLSC SUPPLIES MISO TOOLS&SUPPLIES 2014 MISO TOOLS&SUPPLIES 2014 MISO PARTS MISC TOOLS&SUPPLIES 2014 BANGER HARDWARE CHECK CHECK PE DATE R 11/22/2013 R 11/22/2013 R 11/22/2013 R 11/22/2013 R 11/22/2013 R 11/22/2013 R 11/22/2013 R L1/22/2013 R 11/22/2013 R L1/22/2013 R L1/22/2013 R 11/22/2013 R 11/22/2013 R L1/22/2013 R 11/22/2013 R 11/22/2013 R 11/22/2013 V 11/22/2013 R 11/22/2013 R 11/22/2013 R 11/22/2013 R 11/22/2013 R 11/22/2013 R 11/22/2013 R 11/22/2013 R 11/22/2013 " R 11/22/2013 R 11/22/2013 R 11/22/2013 CHECK CHECK DISCOUNT AMOUNT NO# AMOUNT * � T 0 T A L S * * NOA UISCONNTS CHECK N4T REGULAR CHECKS: 6 0.00 11,904.30 HANDWRITTEN CHECKS: 0 0.00 0.00 PRE-YIRITE CHECKS: 0 0.00 0.00 DRAFTS: 0 0.00 0.00 VOID CHECKS: 3 0.00 0.00 NON CHECKS: 0 0.00 0.00 CORRECTIONS: 0 0.00 0.00 REGISTER TOTALS: 9 0.00 11,904.30 TOTAL ERRORS: 0 TOTAL WARNINGS: 0 14.000R 055426 14.000R 055426 14. OOCR 055426 13.SOCR 055426 55.50 25. OOCR 055927 5. 50CR 055427 325.000R 055427 12.25CR 055427 190.36CR 055427 11, 99CR 055427 69.95CR 055427 378 .48CR 055427 29.99CR 055427 83.90CR 055427 292.16CR 055427 35.37CR 055427 94.83CR 055427 11499.78 05542E **VOID** 74. 1flCR 055929 14.99CR 055429 13.62CR 055429 17.91CR 055429 51.52CR 055429 12.39CR 055429 9.38CR 055429 3. 73CR 055429 3.66CR 055429 2.7OCR 055429 28.72CR 055429 232.86 TO'fAI, APPLIED 11,904.30 0.00 0.00 0.00 0.00 0.00 0.00 11,904.30 11/22/2013 9:41 AM A / P CHECK REGISTER PACKET: 06201 CLEO VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT PAGE: 1 CHECK CHECK CHECK VG..-�R NAME / I.D. DISC TYPE DATE DISCOUNT AMOUNT NO# 11030 TCEO I-121213 CLASS C WATER TEST - HOLZ R 11/22/2013 111.000R 055430 REGULAR CHECKS: HANDWRITTEN CHECKS: PRE -WRITE CHECKS: GRAFTS: VOID CHECKS: NON CHECKS: CORRECTIONS: REGISTER TOTALS: TOTAL ERRORS: 0 TOTAL WARNINGS: 0 NOd DISCOUNTS CtiECK AMT TOTAL APPLI F,D 1 0.00 111.00 111,00 0 0.00 0.00 0,00 0 0.00 0.00 0,00 0 0.00 0,00 0.00 0 0.00 0,00 0.00 0 0,00 0.00 0.00 0 O.o0 0.00 0.00 1 a.00 lll.o0 111.oa HECK AMOUNT 00 11/26/2013 3:47 PM A / P CHECK REGISTER PAGE: 1 PACKET: 06220 11.26.13 VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK CHECK CHECK VLI.'R NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT N04 AMOUNT 00420 HOUND TREE MEDICAL, LLC C-70181766 BOUND TREE MEDICAL, LLC R 11/26/2013 169.00 055464 I-81226329 EMS SUPPLIES R 11/26/2013 11090.32CR 055464 I-81226330 EMS SUPPLIES R 11/26/2013 18.10CR 055464 I-81227839 EMS SUPPLIES R 11/26/2013 5.90CR 055464 945,32 00440 BRAZOS ELECTRIC I-29113-RI-1 OCT 2013 R 11/26/2013 13,269.92CR 055465 l31269.92 01070 GALLS INC, I-5289863 BOOT S LOCKING HOLSTER R 11/26/2013 80.98CR 055466 60.98 01380 KARL-KLEMENT FORD, INC. I-352943 DRIVER SIDE VISOR RETAINE R 11/26/2013 10.45CR 055467 I-353592 WATER IN FUEL SENSOR R 11/26/2013 25.94CR 055467 36.39 01030 NOR-TEX CO114UNICATIONS I-19041 SET UP VOICEMAIL ON PHONE R 11/26/2013 95.000R 055468 95.00 02170 REINERT PAPER & CHEMICAL, INC. 1-306703 CLEANING SUPPLIES R 11/26/2013 94.37CR 055469 94,37 02690 TECHLINE, INC. I-111056 TECHLINE, INC. R 11/26/2013 225.00CR 055470 I-1458476-00 RED STIRRUPS, BALLAST R 11/26/2013 309.25CR 055470 I-1458640-00 LAMPS/GLOBE/COVER/HOTLINE R 11/26/2013 581.45CR 055410 I-1458647-00 1 1/4" AL CONDUIT R 11/26/2013 215.000R 055470 I-1458658-00 FUSES R 11/26/2013 779.1OCR 055470 1-1458700-00 15011 HPS LAMP R 11/26/2013 377.54CR 055470 2,567.34 03"" BRISCOE ALIGNMENT 5 TIRE I-503266 FRONT BACKHOE TIRES R 11/26/2013 308.66CR 055471 308.6E 08210 KWIK FAR I-13537 SALOME'S INSPECTION STICK R 11/26/2013 39.75CR 055472 39.7° 08810 ANIMAL CARE EQUIP 6 SVS, CORP. I-22674 RACCOON TRAPS W SHIPPING R 11/26/2013 214.98CR 055473 214.9E 1 LISA NORMAN I-11/16/13 COMM CENTER R 11/26/2013 100.000R 055474 100.0( 11/26/2013 3:41 PM A / P CHECK REGISTER PAGE: 2 PACKET: 06220 11.26.13 VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK CHECK CHECK VEL,.OR NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NO# AMOUNT 11030 TCEQ I-PHS0144592 ACCT#90610006 FEE R 11/26/2013 4,448.35CR 055475 4,448,35 111"0 RICOH USA, INC: ODS I-109643 RICOH USA, INC: GUS R 11/26/2013 10.27CR 055476 10.2" 115"O CULLIGAN I-406702 WATER BOTTLE SERVICE R 11/26/2013 11.86CR 055477 11.86 12nO PETTIT NACHINERY, INC I-098881 HEAD GASKET VALVES SEAT R 11/26/2013 465.22CR 0554"8 I-099178 AIRFILTERS FOR WEEDEATER R 11/26/2013 9.34CR 0554"IB 474.56 16860 GRAINGER I-9293592904 MEASURING WHEEL R 11/26/2013 181.75CR 055479 181.75 16930 AMERICAN PUBLIC WORKS ASSOC. 1-11202013 APWA MBMBERSIP DUES R 11/26/2013 190.000R 055480 190.00 18790 FUELMAN 1-11/18-24/2013 NOV 18-24, 2013 R 11/26/2013 2152L.41CR 055481 2,521.41 19280 TORO I-1242412-00 HONER BELT R 11/26/2013 107.000R 055482 107.00 19290 RENTAL ONE I-417496-0001 GATORADE R 11/26/2013 369.80CR 055483 369.80 19460 TCI TIRE CENTERS I-6270016042 EMERGENCY TIRE REPAIR R 11/26/2013 129,'OCR 055484 129.�O LEXIS NEXIS I-1457774-20140930P 9/2013-9/2014 R 11/26/2013 1,966.80CR 055485 1,966.80 21100 COLENAN LAW FIRM I-11222013 MONTHLY FEES R 11/26/2013 11050.00CR 055486 1,050.00 21140 R 6 T ELECTRIC, LLC 1-5402 ELECTRICAL - NORTH WELL R 11/26/2013 225.000R 055487 225.00 21650 ESRI 1-92728713 SOFTWARE/MAINTENANCE R 11/26/2013 31250.00CR 055488 31250.00 11/26/2013 3:47 P14 A / P CHECK REGISTER PAGE: 3 PACKET: 06220 11.26.13 VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK CHECK CHECK VL,.�JR NAME / I,D. DESC TYPE DATE DISCOUNT AMOUNT N08 AMOUNT 22130 TEXAS AGRILIFE EXTENSION I-A400850 PESTICIDE STUDY GUIDE R 11/26/2013 75.00CR 055489 75.00 22650 DSS ENGINEERING LABS, PLED I-13-11-000007 413-0381 INV413-11-000001 R 11/26/2013 1,540.32CR 055490 1,540.32 22740 DENTON COUNTY AUDITOR 1-12/2013 DECEMBER R 11/26/2013 2f676.000R 055491 21676,00 23440 CHEAPER THAN DIRT I-9538126 DEAR DETACHABLE SITE AR15 R 11/26/2013 39.97CR 055492 39.97 25070 ALL AMERICAN DOGS INC I-1134 OVER YEARLY LIMIT R 11/26/2013 1,760.00CR 055493 1,760.00 25620 AMSCO SUPPLY I-190751 AC FILTERS FOR ALL BUILDS R 11/26/2013 215.10CR C55494 215,10 26220 TEXAS COMMISION ON LAW ENFORCEMENT I-11142013 MENTAL HEALTH CERT R L1/26/2013 70.000R 055495 70.00 26350 C 6 G ELECTRIC, INC I-25114 UTILITY RD WELL R 11/26/2013 11650,48CR 055496 1,650,48 * * T 0 T A L S ' ` NO# DISCOUNTS CHECK AMT TOTAL APPLIED REGULAR CHECKS: 33 0.00 40,716,08 40,716.08 HANDWRITTEN CHECKS: - 0 0.00 0,00 0.00 PRE -WRITE CHECKS: 0 0.00 0,00 0.00 DRAFTS: 0 0.00 0.00 0.00 VOID CHECKS: 0 0.00 0.00 0.00 NON CHECKS: 0 0.00 0.00 0.00 CORRECTIONS: 0 0.00 0.00 0.00 REGISTER TOTALS: 33 0.00 40,716.08 40,116.08 TOTAL ERRORS: 0 TOTAL WARNINGS: 0 - 12/05/2013 4:35 PM A / P CHECK REGISTER PACXET: 06230 12.5.13 VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK VE....OR NAME / Z.D. DESC TYPE DATE 00600 CITY OF SANGER I-OCTI7-NOV18 OCTL7-NOV18 R 12/09/2013 01070 GALLS INC. 1-001238823 DRY RAIN SHELL R 12/09/2013 02460 AT&T MOBILITY 1-10/23-11/22/13 10/23-11/22/2013 R 12/09/2013 02610 HD SUPPLY POWER SOLUTIONS I-2417248-00 LAMP - POLYWATER R 12/09/2013 02690 TECHLINE, INC. I-1456553-00 WEATHERHEAD, COUPLING, R 12/09/2013 I-3069128-00 SUPPLIES R 12/09/2013 03730 COLLIN COUNTY COLLEGE I-S0033439-2 CLASSES 775 R L2/09/2013 05350 TEXAS EXCAVATION SAFETY SYST I-13-14885 MESSAGE FEES OCT13-SEPT14 R 12/09/2013 05510 PROGRESSIVE WAST SOLUTIONS OF IS, INC I-10-2013 PROGRESSIVE MAST SOLUTIONS OF R 12/09/2013 05510 PROGRESSIVE EAST SOLUTIONS OF TX, INC I-11-2013 PROGRESSIVE WAST SOLUTIONS OF R 12/09/2013 07860 ACT PIPE SUPPLY, INC I-852390 PARTS NEEDED LINE REPAIRS R 12/09/2013 KWIK FAR I-14065 2013-14 VICE INSPECTIONS' R 12/09/2013 I-14068 2013-14 VECH INSPECTIONS' R 12/09/2013 08460 DELL COMPUTERS, LLP I-XJ8X68X61 TONER R 12/00/2013 08880 COOPER'S COPIES 1-112305 DECOR DINNER SIGNS R 12/09/2013 08970 TEXAS METER & SEWER CO I-193209 CIRCLE CLAMPS METER BOX R L2/09/2013 PAGE: 1 CHECK CHECK DISCOUNT AMOUNT N04 AMOUNT 271154.37CR 055511 27,154,37 321.97CR 055512 321.97 754.16CR 055513 754.16 269.00CR 055514 269.00 290.000R 055515 100.19CR 055515 390.19 104.00CR 055516 104.00 43.70CR 055517 43.70 46,839.50CR 055518 46,839.50 47,040.10CR 055519 47,040,10 493.33CR 055520 493.33 39.75CR 05552L 14.50CR 055521 54,25 526.32CR 055522 526.32 80.000R 055523 80.00 440.22CR 055524 440.22 12/05/2013 4:35 P14 A / P CHECK REGISTER PAGE: 2 PACKET: 06230 12.5.13 VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK CHECK CHECK VL...,OR NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NO$ AMOUNT 11430 USA BLUEBOOK, INC. I-211022 SECONDARY - CHLORINE R 12/09/2013 164.21CR 055525 164.21 18110 STRATEGIC GOVERNMENT RESOURCES, INC. 1-7083 2014 SGR MEMBERSHIP R 12/09/2013 175.000R 055526 175.00 18190 FUELMAN I-11/25/13-12/l/13 11/25-12/1 R 12/09/2013 21366.72CR 055527 2,366,72 19260 TYLER TECHNOLOGIES I-025-83343 MAINTENANCE/UTILITY WEB R 12/09/2013 110.000R 055528 I-025-83344 COURT ONLINE SUPPORT R 12/09/2013 125.000R 055528 235.00 19480 HITHER a ASSOCIATES, INC I-38721 INV38583 MONTHLY SAMPLES R 12/09/2013 540.000R 055529 540,00 20410 CARE NOW CORPORATE I-912798 DRUG TEST KAUFMAN R 12/09/2013 35.000R 055530 35.00 20480 TMHRA I-2013-2014 ANNUAL MEPIBERSHIP - TANI R 12/09/2013 75.000R 055531 75.00 22700 WATERWAY I-ITX76008-065 HOSE LADDER TESTING R 12/09/2013 1,946.95CR 055532 I-LI-TX76008-052 HOSE LADDER TESTING R 12/09/2013 337.50CR 055532 2,284.45 22840 DUNKIN SIMS STOFFELS, INC I-2C13-34 SWITZER PARK R 12/09/2013 18,466.25CR 055533 18,466.25 25110 KEYSTONE FLEX ADMINISTRATORS, III I-12-2013 12-2013 R 12/09/2013 227.50CR 055534 227.50 2 SKI COMPANIES, INC I-12175831 CHEMICALS AND FERILIZERS R 12/09/2013 575.10CR 055535 575.70 26440 CHRIS WILK I-2 YOGA INSTRUCTIONS R 12/09/2013 270.000R 055536 270.00 26610 DARES SCOGGINS I-405DLA017179529 CDL TESTING REIMBURS R 12/09/2013 53.000R 055537 53.00 * * T 0 T A L S * NO$ DISCOUNTS CHECK ART TOTAL APPLIED REGULAR CHECKS: 27 0.00 1491978.94 149,978.94 HANDWRITTEN CHECKS: 0 0.00 0.00 0.00 PRE -WRITE CHECKS: 0 0.00 0.00 0.00 DRAFTS: 0 0.00 0.00 0.00 VOID CHECKS: 0 0.00 0.00 0.00 NON CHECKS: 0 0.00 0.00 0.00 CORRECTIONS: 0 0.00 0.00 0.00 REGISTER TOTALS: 27 0.00 149,978.94 1491978.94 TOTAL ERRORS: 0 TOTAL WARNINGS: 0 CITY OF SANGER CONSULTANT SERVICES AGREEMENT This agreement ("Agreement") is made by and between the City of Sanger, Texas ("City") and Pacheco Koch, LLC (the "Consultant") acting by and through their authorized representatives. Recitals: WHEREAS, the City desires to engage the services of Consultant as an independent contractor and not as an employee in accordance with the terms and conditions set forth in this Agreement; and WHEREAS, the Consultant desires to render Consultant services for the City in accordance with the terms and conditions set forth in this Agreement in connection with McReynolds Road Reconstruction (Jones Street to FM 2164) (the "Project"); NOW THEREFORE, in exchange for the mutual covenants set forth herein and other valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the parties agree as follows: Article I Term 1.1 The term of this Agreement shall begin on the last date of execution hereof (the "Effective Date") and continue until the services are completed unless sooner terminated as provide herein. 1.2 Either party may terminate this Agreement by giving thirty (30) days prior written notice to the other party. In the event of such termination the Consultant shall be entitled to compensation for any services completed to the reasonable satisfaction of the City in accordance with this Agreement prior to such termination. Article II Scope of Services 2.1 The Consultant agrees to provide the Professional Consultant services for the Project as set forth in Exhibit "A". Deviations from the scope may be authorized in writing fiom time to time by the City. 2.2 The parties acknowledge and agree that any and all opinions and cost estimates provided by the Consultant represent a professional opinion consistent with the standards of the industry. 2.3 All materials and reports prepared by the Consultant in connection with this Agreement are "works for hire" and shall be the property of the City. The City shall have the right to publish, disclose, distribute and otherwise use such materials and reports in accordance with the Consultant Practice Act of the State of Texas. Consultant shall upon completion of the services, or earlier termination, provide the City with a complete set of 22" x 34" blackline completed drawings plus a compact disc or flash drive containing all construction plan sheets in scanned 22" x 34" black & white "PDF" images at 400 dpi. Agreement for Consulting Services Page - 1 - Article III Schedule of Work The Consultant agrees to commence services upon written direction from Lite City and to complete the required services in accordance with a work schedule as set forth in Exhibit "B" (the "Work Schedule"), Article IV Compensation and Method of Payment 4.1 The City shall compensate the Consultant for the services by payment of fees as set forth in Exhibit "C". Unless otherwise provided herein, payment to the Consultant shall be monthly based on the Consultant's monthly progress report that shows the total amount of fees earned to date and the amount due and payable as of the current statement, in a form reasonably acceptable to the City. The monthly invoices shall be submitted on or before the 15`�' day of each calendar month. The City shall pay such monthly statements within thirty (30) days after receipt and City verification of the services and expenses unless otherwise provided herein. The final payment of the fee shall be made after satisfactory completion of the services and City acceptance of the services and the submittal of record drawings as applicable. 4.2 Unless otherwise provided in Exhibit "C" the Consultant shall be responsible for all expenses related to the services provided pursuant to this Agreement including, but not limited to, travel, copying and facsimile charges, telephone, intemet and email charges. Article V Devotion of Time; Personnel; and Equipment 5.1 The Consultant shall devote such time as reasonably necessary for the satisfactory performance of the work under this Agreement. Should the City require additional services not included under this Agreement, the Consultant shall make reasonable effort to provide such additional services at mutually agreed charges or rates, and within the agreed time schedule and without decreasing the effectiveness of the performance of services required under this Agreement. 5.2 To the extent reasonably necessary for the Consultant to perform the services under this Agreement, the Consultant shall be authorized to engage the services of any subcontractors agents, assistants, persons, or corporations that the Consultant may deem proper to aid or assist in the performance of the services under this Agreement with the prior written approval of the City. The cost of such personnel and assistance shall be borne exclusively by the Consultant. 5.3 The Consultant shall furnish the facilities, equipment, telephones, facsimile machines, email facilities, and personnel necessary to perform the services required under this Agreement unless otherwise provided herein. 5.4 The Consultant shall submit monthly progress reports and attend monthly progress meetings scheduled by the City or more frequently as may be required by the City from time to time based upon Project demands. Each progress report shall detail the work accomplished and special problems or delays experienced on the Project during the previous report period, and the planned work activities and special problems or delays anticipated for the next report period. Agreement for Consulting Services Page - 2 - 5.5 The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, or disability. Article vI Miscellaneous 6.1 Enthe Agreement. This Agreement constitutes the sole and only agreement between the parties and supersedes any prior understandings written or oral agreements between the parties with respect to this subject matter. 6.2 Assignment. The Consultant may not assign this Agreement in whole or in part without the prior written consent of City. In the event of an assignment by the Consultant to which the City has consented, the assignee shall agree in writing with the City to personally assume, perform, and be bound by all the covenants, and obligations contained in this Agreement. 6.3 Successors and Assigns. Subject to the provisions regarding assignment, this Agreement shall be binding on and inure to the benefit of the parties to it and their respective heirs, executors, administrators, legal representatives, successors and assigns. 6A Governing Law. The laws of the State of Texas shall govern this Agreement; and venue for any action concerning this Agreement shall be in the State District Court of Denton County, Texas. The parties agree to submit to the personal and subject matter jurisdiction of said court. 6.5 Amendments. This Agreement may be amended by the mutual written agreement of the parties. 6.6 Severability. In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not effect any other provisions, and the Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in it. 6.7 Independent Contractor. It is understood and agreed by and between the parties that the Consultant in satisfying the conditions of this Agreement, is acting independently, and that the City assumes no responsibility or liabilities to any thud party in connection with these actions. All services to be performed by Consultant pursuant to this Agreement shall be in the capacity of an independent contractor, and not as an agent or employee of the City. Consultant shall supervise the performance of its services and shall be entitled to control the manner and means by which its services are to be performed, subject to the terms of this Agreement. There is no intended thud party beneficiary to this agreement. 6.8 Right -Of -Access. The City will farnish right -of -access on the land for the Consultant to perform the required surveys, or other necessary investigations. The Consultant will take reasonable precautions to minimize damage to the land in the performance of such surveys and investigations. The City will explain to landowners that some damage to vegetation may be unavoidable when obtaining access to the site, and in performance of the survey and investigation activities. Agreement fm• Consulting Services Page - 3 - 6.9 Notice. Any notice required or permitted to be delivered hereunder may be sent by fast class mail, overnight courier or by confirmed telefax or facsimile to the address specified below, or to such other party or address as either party may designate in writing, and shall be deemed received three (3) days after delivery set forth herein: If intended for City -Representative: Mike Brice City Manager Cityof Sanger 201 Bolivar Street, PO Box 1729 Sanger, Texas 76266 Telephone: 940-458-2059 Facsimile: 940-458-4180 If intended for Consultant -Representative: Brian D. O'Neill P.E. Principal 6100 Western Place Suite 1001 Fort Worth, Texas 76107 Telephone: 817-412-7155 Facsimile: 817-412-7156 6.10 Counterparts. This Agreement may be executed by the parties hereto in separate counterparts, each of which when so executed and delivered shall be an original, but all such counterparts shall together constitute one and the same instrument. Each counterpart may consist of any number of copies hereof each signed by less than all, but together signed by all of the parties hereto. 6.11 Exhibits. The Exhibits A, B and C, attached hereto are incorporated herein and made a part hereof for all purposes. 6.12 Indemnification. Consultant shall release, indemnify and hold harmless City and its officers, agents and employees from and against all damages, injuries (including death), claims, property damages (including loss of use), losses, demands, suits, judgments and costs, including reasonable attorney's fees and expenses, in any way arising out of, related to, or resulting from the services provided by Consultant to the extent caused by the negligent act or omission or intentional wrongful act or omission of Consultant, its officers, agents, employees, subcontractors, licensees; invitees or any other third parties for whom Consultant is legally responsible. 6.13 Audits and Records. The Consultant agrees that during the term hereof the City and its representatives may, during normal business hours and as often as deemed necessary, inspect, audit, examine and reproduce any and all of the Consultant's records relating to the services provided pursuant to this Agreement for a period of one year following the date of completion of services as determined by the City or date of termination if sooner. 6.14 Conflicts of Interests. The Consultant represents that no official or employee of the City has any direct or indirect pecuniary interest in this Agreement. Agreement for Carsulting Services Page - 4 - 6.15 Insurance. (a) Consultant shall during the term hereof maintain in full force and effect the following insurance: (1) a policy of insurance for bodily injury, death and property damage insuring against all claims, demands or actions relating to the Consultant's performance of services pursuant to this Agreement with a minimum combined single limit of not less than $1,000,000 Dollars per occurrence for injury to persons (including death), and for property damage; (2) policy of automobile liability insurance covering any vehicles owned and/or operated by Consultant, its officers, agents, and employees, and used in the performance of this Agreement; and (3) statutory Worker's Compensation Insurance covering all of Consultant's employees involved in the provision of services under this Agreement. (b) All insurance and certificates) of insurance shall contain the following provisions: (1) name the City, its officers, agents and employees as additional insureds as to all applicable coverage with the exception of Workers Compensation Insurance; (2) provide for at least thirty (30) days prior written notice to the City for cancellation, non -renewal, or material change of the insurance; (3) provide for a waiver of subrogation against the City for injuries, including death, property damage, or any other loss to the extent the same is covered by the proceeds of insurance. (c) All insurance companies providing the required insurance shall be authorized to transact business in Texas and be rated at least "A" by AM Best or other equivalent rating service. (d) A certificate of insurance evidencing the requu•ed insurance shall be submitted to the City prior to commencement of services. Executed in two 2 cowtterpat•ts, each of which is deemed to be an original and as of the day and date first written in this Contract. EXECUTED this day of , 2013. CITY OF SANGER: CONSULTANT: By: Name: Title: By: Name: Mark A. Pacheco, P.E„ R.P.L.S. Title: President Agreement (or Consulting Services Page - 5 - EXHIBIT A to Agreement between the City of Sanger, Texas (CITY) and Pacheco Koch LLC, (CONSULTANT) for Consulting Services EXHIBIT 'A' —SCOPE OF SERVICES McREYNOLDS ROAD RECONSTRUCTION (JONES STREET TO FM 2164) PROJECT DESCRIPTION: The project consists of alignment determination and preparation of construction plans and bid documents for the reconstruction of McReynolds Road from Jones Street to FM 2164. The project generally consists paving and drainage design within the projects limits. The roadway will be planned as an ultimate 4-lane undivided facility with the first two lanes being constructed as a part of this project. The total length of the project is approximately 15,000 linear feet. BASIC SERVICES: A. Project Management, Coordination &Permitting 1. Manage the Team: • Lead, manage and direct design team activities • Ensure quality control is practiced in performance of the work • Communicate internally among team members • Task and allocate team resources Communications and Reporting: • Attend a pre -design project kickoff meeting with CITY staff to confirm and clarify scope, understand CITY objectives, and ensure economical and functional designs that meet CITY requirements • Conduct review meetings with the CITY at the end of each design phase • Prepare invoices and submit monthly in the format requested by the CITY. • Prepare and submit monthly progress reports • Prepare and submit baseline Project Schedule initially and Project Schedule updates • Coordinate with other agencies and entities as necessary for the design of the proposed infrastructure and provide and obtain information needed to prepare the design • With respect to coordination with permitting authorities, CONSULTANT shall communicate with permitting authorities such that their regulatory requirements are appropriately reflected in the designs. CONSULTANT shall work with regulatory authorities to obtain approval of the designs, and make changes necessary to meet their requirements as part of the design scope. 10/24/2013 Page 1 EXHIBIT A to Agreement between the City of Sanger, Texas (CITY) and Pacheco Koch LLC, (CONSULTANT) for Consulting Services 3. TxDOT permit preparation: CONSULTANT will provide coordination with the USCOE and TxDOT for Permitting of the proposed roadway and drainage construction. Included in this item are: • Coordination of submittal of Application for Permit. • Research and provide TxDOT or USCOE design specifications. • Coordination for final plan approval. • Up to three (3) coordination meetings, if required. • Application and Permitting fees and special insurance premiums are not included. 4. Geotechnicallnvestigation: • Soil investigations, including field and laboratory tests, borings, related engineering analysis and recommendations for determining soil conditions will be made. In addition to the above investigations, borings and appropriate field and laboratory analysis will be made at reasonable intervals along the project alignment. The investigations will be compiled and a pavement section design will be prepared based on the results. 5. Constructability Review: • Prior to the 60 percent review meeting with the CITY, the CONSULTANT shall schedule and attend a project site visit with the CITY Project Manager and Construction personnel to walk the project. The CONSULTANT shall summarize the CITY's comments from the field visit and submit this information to the CITY in writing. 6. Utility Clearance • The CONSULTANT will consult with the CITY public utilities, private utilities and government agencies to determine the approximate location of above and underground utilities, and other facilities (current and future) that have an impact or influence on the project. CONSULTANT will design CITY facilities to avoid or minimize conflicts with existing utilities, and where known and possible consider potential future utilities in designs. 10/24/2013 Page 2 EXHIBIT A to Agreement between the City of Sanger, Texas (CITY) and Pacheco Koch LLC, (CONSULTANT) for Consulting Services B. Conceptual Design (30%Submittal)— The Conceptual Design shall be submitted to CITY per the approved Project Schedule. The purpose of the conceptual design is for the CONSULTANT to • Study the project, • Identify and develop alternatives that enhance the system, • Present (through the defined deliverables) these alternatives to the CITY, • Recommend the alternatives that successfully addresses the design problem, and • Obtain the CITY's endorsement of this concept. CONSULTANT will develop the conceptual design of the infrastructure as follows. 1. Data Collection • In addition to data obtained from the CITY, CONSULTANT will research proposed improvements in conjunction with any other planned future improvements known by the CITY that may influence the project. • The CONSULTANT will also identify and seek to obtain data for existing conditions that may impact the project including but not limited to; utilities, agencies (TxDOT and USCOE), City Master Plans, and property ownership as available from the Tax Assessor's office. • The data collection efforts will also include conducting special coordination meetings with affected property owners and businesses as necessary to develop roadway alignment plans. 2. The In ; esgn Package shall include the following: • Technical memorandum containing graphic exhibits and written summary of alternative design concepts considered strengths and weaknesses of each, and the rationale for selecting the recommended design concept. • Proposed phasing of any roadway and drainage work that is included in this project documented in both the project schedule and narrative form. • Documentation of key design decisions. • Opinions of probable construction cost. 10/24/2013 Page 3 EXHIBIT A to Agreement between the City of Sanger, Texas (CITY) and Pacheco Koch LLC, (CONSULTANT) for Consulting Services C. Preliminary Design (60%Submittal) — Prepare preliminary construction plans. Prepare the following sheets at the engineering scale indicated: Cover Sheet Quantity sheet and General Notes Project Layout & Control Sheet Detail sheets Roadway & Drainage plan and profile sheets for improvements. Scale 1" = 40' Horizontal; 1" = 4' Vertical Traffic Control Plan Erosion control plans Information required can be combined on sheets if the information can be clearly shown and is approved by the City of Sanger project manager. 2. Assemble City of Sanger standard construction contract documents and modify special technical specifications, if needed, for the project (if any). 3. Prepare an estimate of construction quantities and develop the preliminary opinion of probable construction costs. 4. Submit three (3) 2211x34" sets of preliminary 60% plans, one (1) set of construction contract documents, special conditions and preliminary opinion of probable construction costs to the CITY for review. One (1) set of half size (11 "x17") plans will be submitted with the 60% plan submittal. 5. Meet with City of Sanger staff to discuss CITY comments on preliminary plans, contract documents, and opinion of construction cost. D. Final Design (95% & 100%Submittals) — 1. Revise preliminary plans incorporating comments from the City of Sanger. 2. Finalize construction plans for proposed improvements. 3. Finalize construction contract documents including City of Sanger standard specifications, special technical specifications and special conditions (if any). 4. Estimate of final construction quantities and final opinions of construction cost. 5. Submit three (3) sets of final plans (95% plans), City of Sanger contract documents. One (1) set of half size (11"x17") plans will be submitted with the 95% plan submittal. 6. Incorporate CITY final comments into the plans and bid documents. 10/24/2013 Page 4 EXHIBIT A to Agreement between the City of Sanger, Texas (CITY) and Pacheco Koch LLC, (CONSULTANT) for Consulting Services 7. Submit (1) sealed proof set of final plans (100% plans), specifications for CITY approval. 8. Once approved by the City of Sanger submit: • Thirty (30) bound copies of the bid documents (Plans & Specifications) • Three (3) half -sized sets of the final plans. • An additional ten (10) sets of Plans and Specifications will be provided as needed. E. Bid Phase Services — CONSULTANT will support the bid phase of the project as follows. 1. Plan Distribution: • The CONSULTANT shall sell contract documents and maintain a plan holders list of documents sold. 2. Bidder Assistance: • The CONSULTANT will develop and implement procedures for receiving and answering bidders' questions and requests for additional information. The procedures shall include a log of all significant bidders questions and requests and the response thereto. The CONSULTANT will provide technical interpretation of the contract bid documents and will prepare proposed responses to all bidders' questions and requests, in the form of addenda. • Attend the prebid conference in support of the CITY. • Attend the bid opening in support of the CITY. Bid Analysis: • Tabulate and review all bids received for the construction project, assist the CITY in evaluating bids, and recommend award of the contract. • Assist the CITY in determining the qualifications and acceptability of prospective contractors, subcontractors, and suppliers. • Incorporate all addenda into the contract documents and issue conformed sets. Construction Administration — 1. The CONSULTANT shall attend the preconstruction conference. 2. After the pre -construction conference, the CONSULTANT shall provide project exhibits and attend public meeting, if any, to help explain the proposed project to residents. The CITY shall select a suitable location and mail the invitation letters to the affected customers. 10/24/2013 Page 5 EXHIBIT A to Agreement between the City of Sanger, Texas (CITY) and Pacheco Koch LLC, (CONSULTANT) for Consulting Services 3. The CONSULTANT shall visit the project site at requested intervals as construction proceeds to observe and report on progress. 4. Prepare construction "Record Drawings" based upon mark-ups and information provided by the construction contractor(s). Submit one (1) set of the record drawings (with "record drawing stamp" bearing the signature of the Engineer and the date) to the City on a CD-ROM disk or flash drive containing scanned 22"x34" black and white PDF images. SPECIAL SERVICES: A. Preparation of Letter of Map Revision (LOMR) 1. The CONSULTANT shall prepare the LOMR suitable for submittal to FEMA. B. Environmental Clearance 1. The CONSULTANT shall determine the limits of existing wetlands as specified by the USCOE. 2. The CONSULTANT shall prepare the Section 404 Nationwide Permit for submittal to the USCOE prior to construction. C. Right -of -Way &Easement Documents 1. The CONSULTANT shall prepare the right-of-way and easement exhibits necessary for the selected alternative. Services not included in Basic Services for this contract: • Construction inspection services • As -built surveys of constructed improvements • Public hearings or City Council/Commission meetings • Attend a utility coordination meeting to start relocation process with affected franchise utilities. Distribute copies of final plans and proposed schedule for bid letting and construction to affected franchise utilities • Provide periodic site visits (monthly) by the design engineer with a written inspection report submitted to the City for each visit • Prepare and process change orders • Reset property comer monumentation disturbed or removed during or after construction • Required Application and permitting fees (LOMR) or special insurance premiums are not included END OF EXHIBIT 'A' 10/24/2013 Page 6 EXHIBIT B to Agreement between the City of Sanger, Texas (CITY) and Pacheco Koch, LLC (CONSULTANT) for Consulting Services EXHIBIT'B' —SCHEDULE McREYNOLDS ROAD RECONSTRUCTION (JONES STREET TO FM 2164) Activity Estimated Duration (weeks) Estimated Completion N.T.P. Notice -To -Proceed Field Survey 8 8 Weeks Conceptual Design Submittal 30% 8 16 Weeks Preliminary Design Submittal 60% 12 28 Weeks Preliminary City Review Complete 2 30 Weeks Final Design Submittal 95% 8 38 Weeks Final City Review Complete 2 40 Weeks Final Plans Complete 100% 4 44 Weeks Receive Bids 4 48 Weeks Contract Award 4 52 Weeks Be in Construction 2 54 Weeks Com ete Construction 52 106 Weeks Record Drawings 2 108 Weeks The CONSULTANT is not responsible for delays beyond it's' control. END OF EXHIBIT'B' 10124/2013 Page 1 EXHIBIT C to Agreement between the City of Sanger, Texas (CITY) and Pacheco Koch, LLC (CONSULTANT) for Consulting Services EXHIBIT `C' —COMPENSATION AND METHOD OF PAYMENT McREYNOLDS ROAD RECONSTRUCTION (JONES STREET TO FM 2164) COMPENSATION: For all professional engineering services included in EXHIBIT 'A', Scope of Services, the CONSULTANT shall be compensated a lump sum fee of $ 437,919.00 as summarized below. The total lump sum fee shall be considered full compensation for the services described in EXHIBIT A, including all labor materials, supplies, and equipment necessary to deliver the services. Basic &Special Services A. Project Management, Coordination &Permitting $ 9,420 B. Conceptual Design / Alignment Study (30% Submittal) 283540 C. Preliminary Design (60% Submittal) 126,690 D. Final Design (90% & 100% Submittals) 807570 E. Bid Phase Services 33210 F. Construction Administration 63060 G. Project Completion 41330 H. Reimbursable Expense (Not to Exceed) 31845 I. Hydraulics & Hydrology Engineering & Report 44,032 J. Field Survey 62,000 K. ROW & Permanent Easement Preparation 13,600 L. LOMR Preparation 183432 M. Environmental Clearance 17,390 N. Geotechnical Investigation 19,800 GRAND TOTAL NOT TO EXCEED $ 437,919 METHOD OF PAYMENT: The CONSULTANT shall be paid monthly payments as described in Article IV of the AGREEMENT. The cumulative sum of such monthly partial fee payments shall not exceed the total current project budget including all approved Amendments. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the CONSULTANT. Monthly statements for reimbursable services performed by sub consultants will be based upon the actual cost to the CONSULTANT plus ten percent (10°/0). Direct reimbursable expenses for services such as printing, express mail, fees, mileage and other direct expenses that are incurred during the progress of the project will be billed at 1.1 times the CONSULTANT'S cost. END OF EXHIBIT'C' 10/24/2013 Page 1 CITY OF SANGER COUNCIL AGENDA ITEM AGENDA TYPE ® Regular ❑ Special ❑ Consent Reviewed by Finance ❑ Yes LA Not Applicable ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal Yes LJ Not Applicable Council Meeting Date: Submitted By: December 16, 2013 Joseph D. Iliff, AICP City Manager Reviewed/Approval Initials Date J 7 / p / ACTION REQUESTED: ®ORDINANCE 12-XX-13 ❑ RESOLUTION # ❑ APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ OTHER AGENDA CAPTION Conduct a Public Hearing, Consider, Discuss, and Possibly Adopt Ordinance 12-XX-13 Rezoning Property Located in the 400 Block of South Stemmons Street, on the West Side of Interstate 35 Between Bolivar Street and Duck Creek Road, from PD Planned Development to B2 Business District 2 FINANCIAL SUMMARY ®N/A [:]GRANTFUNDS []OPERATING EXPENSE [:]REVENUE ❑CIP [:]BUDGETED ❑NON -BUDGETED BACKGROUND/SUMMARY OF ITEM The subj ect property is 4.3 acres located on the west side of Interstate 35 between Bolivar Street and Duck Creek Road. It is portion of a planned development (PD 07-21-04) called Brook Hill Village. The adjacent properties to the north are zoned B-2 Business. The adjacent properties to the south are zoned I-1 Industrial and B-2 Business. The Brook Hill Village planned development ordinance was adopted in March 2003 and modified in July 2004. The property has never been developed, but zoning of the property has not been removed from the Zoning Map. The PD called for retail, restaurant, and hotel/motel uses along the frontage of Interstate 35, where the subject property is. Further west, the PD shows an assisted living facility and single family homes. Most of Sanger's frontage along Interstate 35 between Belz Road and Clear Creek is zoned 13-2 Business, with some I4 Industrial. Staff sent out 6 notification forms to owners of property within 200 feet of the subject property. At the time of this report, Staff had received no responses in favor of or opposed to the request. STAFF OPTIONS & RECOMMENDATION Staff finds the proposed rezoning to be supported by the 2007 Comprehensive Land Use Plan which calls for intense commercial uses along Interstate 35. Staff recommends approval of the proposed rezoning. List of Supporting Documents/Exhibits Attached: Prior Action/Review by Council, Boards, Commissions or Other • Aerial Photo of Subject Property Agencies: • Applicant's Letter of Intent The Planning & Zoning Commission was unable to meet on December 9, 2013 due to the inclement weather and • Exhibit from Brook Hill Village PD emergency conditions. Staff recommends Council act on • Proposed Ordinance 12-XX-13 the rezoning because of the requirement to act on zoning requests within a specific timeframe. Izoning Change LSpecific Use Permit nc A,a.._..... Name: Company: r :LIJAH_T_Eil_ Name: GGAI"f2AL./�K Company: �.. _. �u Address: as�� a.t��,.�� City, ate. Zi a to CItV, state,/zip 9 4 t* GAN+D/T . 75Dzf z. Phone % /) ,.�� 'Y'to 4 J... Phone: /' J%1_ Fax: ai ilo - C.— S� D 6 Fax: Email: r o1 j _ Email t'A S e..u,s«e rti>.bncr Site Plan (for Spedflc Use Permits Only) Letter of intent _ A plicatlon Fee (Check Payable to City of Sanger) ! certify that! am the legal owner of the above referenced property and that to the best of my knowledge this Is a true description of the property upon which I have requested the above checked actlon. I designate the applicant listed as my representative. Signature tlf(tce Use Fee Date property (address, ioca((pp, size, change or 5pectflc Use Permit (SUP): (:lry oJSanger 201 BolNor/A.0 0ax.1729 Sanper, TN 78266 940-458-2059(o(Jke) 940-458-4072(fox) www.smpertexas.nrp Date Ill3lao(3 Date ORDINANCE 12-2343 AN ORDINANCE OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, REZONE PROPERTY LOCATED IN THE 400 BLOCK OF SOUTH STEMMONS STREET, ON THE WEST SIDE OF INTERSTATE 35 BETWEEN BOLIVAR STREET AND DUCK CREEK ROAD, FROM PD PLANNED DEVELOPMENT TO B2 BUSINESS DISTRICT 2; 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 ($2,000.00) FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, The applicant has applied to rezone the 4.3 acres along the Interstate 35 frontage into the 13-2 Business District; WHEREAS, The subject property The subject property is 4.3 acres located on the west side of Interstate 35 between Bolivar Street and Duck Creek Road; and WHEREAS,The City Council has found that finds the proposed rezoning is supported by the 2007 Comprehensive Land Use Plan which calls for intense commercial uses along Interstate 35; Now Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: Section 1 The 4.2971 acres located on the west side of Interstate 35 between Bolivar Street and Duck Creek Road more specifically described a tract of land within the Henry Tierwester Survey, Abstract 1241 Tracts 87 and 88A. 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, please, 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 16`h day of December, 2013 APPROVED: Mayor Thomas Muir ATTEST: City Secretary Tami Taber CITYY OF SANGER COUNCIL AGENDA ITEM AGENDA TYPE ® Regular ❑ Special ❑ Consent Reviewed by Finance Yes ® Not Applicable LJ ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal LJ Yes Not Applicable Council Meeting Date: Submitted By: December 16, 2013 Joseph D. Biff, AICP City Manager Reviewed/Approval Initials Date /y e ACTION REQUESTED: ❑ORDINANCE ❑ RESOLUTION # ® APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ OTHER AGENDA CAPTION Consider, Discuss, and Take Action Regarding a Minor Plat for Lot 1, Block A of Creature Land being 1.851 Acres in the R. Bebee Survey A-29, in the ETJ of the City of Sanger, Denton County, Texas FINANCIAL SUMMARY ®N/A []GRANT FUNDS ❑OPERATING EXPENSE ❑REVENUE ❑CIP ❑BUDGETED ❑NON -BUDGETED BACKGROUND/SUMMARY OF ITEM The subject property is 1.851 acres located on the west side of Marion Road south of Lois Road. The property lies outside the city limits within Sanger's extraterritorial jurisdiction. The applicant has submitted a plat for a single 1.851 acre lot. STAFF OPTIONS & RECOMMENDATION Staff finds the plat to conform to the requirements of the Subdivision Ordinance, and recommends it for approval. List of Supporting Documents/Exhibits Attached: Prior Action/Review by Council, Boards, Commissions or Other • Final Plat Agencies: The Planning & Zoning Commission was unable to meet on December 9, 2013 due to the inclement weather and emergency conditions. Staff is recommending the Council act on the plat because of the statutory requirement to approve plats within a prescribed timeframe. 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