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05/02/2022-CC-Minutes-Regular*TEXAS MINUTES CITY COUNCIL REGULAR MEETING MONDAY, MAY 29 2022 7:00 PM HISTORIC CHURCH BUILDING 403 N 7TH STREET SANGER, TEXAS COUNCIL MEMBERS PRESENT: Mayor Thomas Muir and Councilmembers Dennis Dillon, and VictorGann. COUNCIL MEMBERS ABSENT: None STAFF MEMBERS PRESENT: Gary Bilyeu, Marissa Barrett, Allen Chick, City Manager John Noblitt, Assistant City Manager Alina Ciocan, City Secretary Kelly Edwards, City Attorney Hugh Coleman, Parks & Recreation Superintendent Ryan Nolting, Director of Development Ramie Hammonds, Director of Public Works Jim Bolz, Director of Economic Development Shani Bradshaw, Finance Director Clayton Gray, Marketing and Civic Engagement Director Donna Green, and Chief of Police Waylan Rhodes. 1. CALL THE REGULAR MEETING TO ORDER, ESTABLISH A QUORUM, INVOCATION, AND PLEDGE Mayor Muir called the Regular Session to order at 7:02 p.m. The invocation given by Councilmember Dillon the Pledge of Allegiance was led by Councihnember Barrett. 2. CITIZEN INPUT: Tosin Odesanya, Scooter's Coffee, introduced himself and his business, stating that they are interested in opening a location in the City of Sanger. 3. SPECIAL PRESENTATIONS AND ANNOUNCEMENTS A. GFOA DISTINGUISHED BUDGET PRESENTATIONAWARD Mayor Muir recognized Director Gray and the Finance Department in receiving the distinguished award for a Sth time. Page 1 of 9 B. NATIONAL PUBLIC WORKS WEE KPROCLAMATION In recognition of National Public Works Week, present a proclamation to the Public Works Department designating May 15-21, 2022 as National Public Works Week. (Green) Mayor Muir recognized Director Bolz and the Public Works Department for their dedication and work performed daily and in emergency situations throughout the city. C. NATIONAL ECONOMIC DEVELOPMENT WEEKPROCLAMATION In recognition of National Economic Development Week, present a proclamation to Economic Development recognizing the week of May 9 through May 13, 2022, as Economic Development Week. (Green) Mayor Muir recognized Director Bradshaw in honor of National Economic Development Week, 4. CONSENT AGENDA: A. NIINLJTES WORK SESSION Consider the work session minutes from the April 18, 2022, meeting. B. MINUTES REGULAR SESSION Consider the regular session minutes from the April 18, 2022, meeting. C. INTERLOCAL COOPERATION AGREEMENT BETWEEN DENTON COUNTY Consider an Imerlocal Agreement with Denton County for the replace or rehabilitate of the Cowling Road Bridge at Clear Creek authorizing the Mayor to execute said agreement. (Coleman) D. ENGAGEMENT AGREEMENT WITH JULIE FORT Consider an Engagement Agreement for Special Districts, Annexations, and Land Use with Julie Fort, Messer Fort McDonald, and authorizing the Mayor or City Manager to execute said agreement. (Coleman) E. PROFESSIONAL SERVICES AGREEMENT WITH P3 WORKS Consider a Professional Services Agreement with P3 Works, LLC to provide Public Improvement District and Tax Reinvestment Zone creation and administrative services, authorizing the City Manager to execute the agreement. (Hammonds) Motion made by Councilmember Chick to approve the consent agenda. Councilmember Dillon seconded the motion. Motion passed unanimously. Page 2 of 9 5. REGULAR AGENDA - ACTIONITEMS A. KSA -PROFESSIONAL ENGINEERING SERVICES AGREEMENT Consider a Professional Engineering Services Agreement with KSA Engineers, Inc in the amount of $48,590 to evaluate potential sites for a future Wastewater Treatment Plant, and authorize the Mayor or City Manager to execute the necessary Work Authorization. (Bolz) Director Bolz provided an overview of the agreement. Discussion ensued regarding the size of the City's sewer Certificate of Convenience and Necessity (CCN) and the current and future development. Motion made by Councilmember Bilyeu to approve a Professional Engineering Services Agreement with KSA Engineers, Inc in the amount of $48,590 to evaluate potential sites for a future Wastewater Treatment Plant and authorize the Mayor or City Manager to execute the necessary Work Authorization. Councilmember Chick seconded the motion. Motion passed unanimously. B. FM 455 UTILITY RELOCATION -CHANGE ORDER No.4 Consider Changer Order No. 4 in the amount of $44,260.45, with Quality Excavation,LLC for the FM 455 Project to include installation of a 12" tee, gate valve, and extension of 12" water line, and making connections to serve the Heritage West subdivision on north Tejas Drive; and to also include an additional 14' at Sable Creek Parkway in bore length made necessary by the discovery of an electrical line preventing anticipated bore pit placement$ and, authorize the City Manager to execute said Change Order No. 4. (Bolz) Director Bolz provided an overview of the agreement and the reason for the change order. Discussion ensued regarding the electrical line located and the cost ofthe Sable location repair. Motion made by Councilmember Chick to approve Changer Order No. 4 in the amount of $44,260.45, with Quality Excavation, LLC for the FM 455 Project to include installation of a 12" tee, gate valve, and extension of 12" water line, and making connections to serve the Heritage West subdivision on north Tejas Drive; and to also include an additional 14' at Sable Creek Parkway in bore length made necessary by the discovery of an electrical line preventing anticipated bore pit placement; and, authorize the City Manager to execute said Change Order No. 4. Councilmember Barrett seconded the motion. Motion passed unanimously. C. BRUSH COLLECTION SERVICES Consider awarding a bid to Republic Services for brush collection services for the City of Sanger, and authorize the Mayor or City Manager to execute a contract. (Molting) Director Molting provided an overview of the agreement. Page 3 of 9 Discussion ensued regarding now the service will be communicated to residents, that the resident would request brush collection services, and the calculation of time for billing purposes. Motion made by Councilmember Barrett to approve the bid to Republic Services for brush collection services for the City of Sanger, and authorize the Mayor or City Manager to execute a contract. Councilmember Dillon seconded the motion. Motion passed unanimously. D. BLUE STAR INDUSTRiAI, ADDITION -FINAL PLAT Consider a Final Plat of Lot 2, Block A of the Blue Star Industrial Addition, being 14.43 acres of the Jose Ruiz Survey, Abstract Number 1066 and the S.F. Lynch Survey, Abstract Number 725, Denton County, Texas, located within the City of Sanger and generally located approximately 2150 feet south of the intersection of Chisum Rd and I-35. (Hammonds) Director Hammonds provided an overview of the final plat. Motion made by Councilmember Gann to approve a Final Plat of Lot 2, Block A of the Blue Star Industrial Addition, being 14.43 acres of the Jose Ruiz Survey, Abstract Number 1066 and the S.F. Lynch Survey, Abstract Number 725, Denton County, Texas, located within the City of Sanger and generally located approximately 2150 feet south of the intersection of Chisum Rd and I-35. Councilmember Dillon seconded the motion. Motion passed unanimously. E. CITY CONNECTIVITY AND CO1�IlYIUNICATIONS Consider awarding a bid to Nortex Communications to upgrade the City's computer network and communications systems and authorizing the City Manager to negotiate a contractwith Nortex. (Gray) Director Gray provided an overview of the agreement. Discussion ensued regarding the four options inthe proposal. Motion made by Councilmember Bilyeu to award the bid to Nortex Communications to upgrade the City's computer network and communications systems and authorizing the City Manager to negotiate a contract with Nortex. Councilmember Dillon seconded the motion. Motion passed unanimously. F. RIDGEVIEW ESTATES ADDITION -VARIANCE SIDEWALKS - PH Conduct a Public Hearing on a request for a variance from Chapter 10 Subdivision Regulations Article 10.100 Subdivision Ordinance, Section10.105 to allow a variance from the improvement of sidewalks and to allow no sidewalks be installed. (Hammonds) Mayor Muir opened the public hearing at 7:55 p.m. Director Hammonds provided an overview of the item. Lee Allison, Allison Engineering representing the applicant, explained the various requests, overlapping jurisdictions with the County, and spoke in favor of the request. Page 4 of 9 Mayor Muir closed the public hearing at 8:04 p.m. G. RIDGEVIEW ESTATES ADDITION -VARIANCE STREET LIGHTS - PH Conduct a Public Hearing on a request for a variance from Chapter 10 Subdivision Regulations, Article 10.100 Subdivision Ordinance, Section 10.104.c to allow a variance from street lights as a public improvement and to allow for no street lights to be installed and Section 10.104.fto allow a variance from the location of street lights and to allow for no street lights to be installed. (Hammonds) Mayor Muir opened the public hearing at 8:05 p.m. Director Hammonds provided an overview of the item. Lee Allison, Allison Engineering representing the applicant, stated his maintenance concerns of the street lights. Mayor Muir closed the public hearing at 8:07 p.m. LL RIDGEVIEW ESTATESADDITION - VA,RIANCE WATER -PH Conduct a Public Hearing for a request for a variance from Chapter 10 Subdivision Regulations, Article 10.100 Subdivision Ordinance, Section 10.106 (e) Water Systems to allow a variance from constructing water system improvements in accordance with the requirements outlined in this section (Section 10.106 (e) Water Systems). (Hammonds) Mayor Muir opened the public hearing at 8:08 p.m. Director Hammonds provided an overview of the item stating that the development is in the Bolivar Water Supply Corporation's (BWSC) Convenience and IN Lee Allison, Allison Engineering representing the applicant, provided an overview of the design and placement of the system stating that the current configuration is acceptable to BWSC. Mayor Muir closed the public hearing at 8:12 p.m. L RIDGEVIEW ESTATES ADDITION -VARIANCE ROAD WH)TH AND STORM SEWER - PH Conduct a Public Hearing on a request for a variance from Chapter 10 Subdivision Regulations, Article 10.100 Subdivision Ordinance, Section 10.105 to allow a variance from the required 31 feet street, face to face of curb and a 50 foot right -of --way with sidewalks, storm sewers, and utilities in the right -of --way and to allow for county requirements of no minimum street width in a 60 foot right -of --way without curb and gutter and storm sewers. (Hammonds) Mayor Muir opened the public hearing at 8:12 p.m. Director Hammonds provided an overview of the item. Lee Allison, Allison Engineering representing the applicant, stated they are requesting the Page 5 of 9 size of an Estate Street, which is 28 feet, and that the development would have bar ditches. Elaine Sanger, 13445 Metz Road, stated concerns about flooding on Metz Road and the drainage along the east side of the road. Mayor Muir closed the public hearing at 8:17 p.m. J RIDGEVIEW ESTATES ADDITION -VARIANCE DRAINAGE AND STORM SEWER - PH Conduct a Public Hearing on a request for a variance from Chapter 10 Subdivision Regulations, Article 10.100 Subdivision Ordinance, Section 10.106.d.1 to allow a variance from the required underground drainage and storm sewer improvement and to allow for open ditch drainage in accordance with 1.5 acre residential estate lots and to allow for a variance from the requirement where lot to lA drainage occurs, the lot lines shall be aligned, and a dedicated private drainage easement shall be provided and to allow for misaligned lots without private drainage easements, and Section 10.106.d.12.A to allow a variance from the requirement that runoff shall cross no more than one additional lot before being directed to the street and to allow for the drainage to generally conform to natural drainage patterns and discharge to natural drainage pathways within the drainage basin. (Hammonds) Mayor Muir opened the public hearing at 8:18 p.m. Director Hammonds provided an overview of the item. Lee Allison, Allison Engineering representing the applicant, stated the development would capture the drainage in a detention pond within the development and allow the current natural drainage. Elaine Sanger, 13445 Metz Road, stated concerns about flooding on Metz Road and the dI ainage along the east side of the road. Matt Millerborg, 3486 View Road, asked questions regarding the current drainage and fencing of the individual lots. Randall Smith, applicant, spoke in favor of the luxury residential subdivision. Mayor Muir closed the public hearing at 8:35 D.M. K. RIDGEVIEW ESTATES ADDITION - VARIAIVCESIDEWALKS Consider a request for a variance from Chapter 10 Subdivision Regulations, Article 10.100 Subdivision Ordinance, Section 10.105 to allow a variance from the improvement of sidewalks and to allow no sidewalks be installed. (Hammonds) General discussion ensued regarding all of the proposed including maintenance of the streets, looping of the waterlines, ISO Ratings, the County roadway requirements, the property owner with the detention pond for the development, natural drainage, drainage across lots using easements, and Bolivar's water system requirements. Page 6 of 9 Motion made by Councilmember Bilyeu to approve a from Chapter 10 Subdivision Regulations, Article 10.100 Subdivision Ordinance, Section 10.105 to allow a variance from the improvement of sidewalks and to allow no sidewalks be installed. Councilmember Barrett seconded the motion. Motion passed 3-2-0. Councilmembers Chick and Gann voted in opposition. L. RIDGEVIEW ESTATES ADDITION -VARIANCE STREETLIGHTS Consider a request for a variance from Chapter 10 Subdivision Regulations, Article 10.100 Subdivision Ordinance, Section 10.104.c to allow a variance from street lights as a public improvement and to allow for no street lights to be installed and Section 10.104.f to allow a variance from the location of street lights and to allow for no street lights to be installed. (Hammonds) Motion made by Councilmember Bilyeu to approve a variance from Chapter 10 Subdivision Regulations, Article 10.100 Subdivision Ordinance, Section 10.104.c to allow a variance fiom street lights as a public improvement and to allow for no street lights to be installed and Section 10.104.f to allow a variance from the location of street lights and to allow for no street lights to be installed. Councilmember Dillon seconded the motion. Motion passed 3-2-0. Councilmembers Chick and Gann voted inopposition. 1VL RIDGEVIEW ESTATES ADDITION -VARIANCE WATER Consider a request for a variance from Chapter 10 Subdivision Regulations, Article 10.100 Subdivision Ordinance, Section 10.106 (e) Water Systems to allow a variance from constructing water system improvements in accordance with the requirements outlined in this section (Section 10.106 (e) Water Systems). (Hammonds) Motion made by Councilmember Bilyeu to approve a variance from Chapter 10 Subdivision Regulations, Article 10.100 Subdivision Ordinance, Section 10.106 (e) Water Systems to allow a variance from constructing water system improvements in accordance with the requirements outlined in this section (Section 10.106 (e) Water Systems). Councilmember Barrett seconded the motion. Motion passed unanimously. N. RIDGEVIEW ESTATES ADDITION -VARIANCE DRAINAGE AND STORM SEWER Consider a request for a variance from Chapter 10 Subdivision Regulations Article 10.100 Subdivision Ordinance, Section 10.106.d.1 to allow a variance from the required underground drainage and storm sewer improvement and to allow for open ditch drainage in accordance with 1.5 acre residential estate lots and to allow for a variance from the requirement where lot to lot drainage occurs, the lot lines shall be aligned , and a dedicated private drainage easement shall be provided and to allow for misaligned lots without private drainage easements, and Section 10.106.d.12.A to allow a variance from the requirement that runoff shall cross no more than one additional lot before being directed to the street and to allow for the drainage to generally conform to natural drainage patterns and discharge to natural drainage pathways within the drainage basin. (Hammonds) Page 7 of 9 Motion made by Councilmember Barrett to approve a variance from Chapter 10 Subdivision Regulations Article 10.100 Subdivision Ordinance, Section 10.106.d.1 to allow a variance from the required underground drainage and storm sewer improvement and to allow for open ditch drainage in accordance with 1.5 acre residential estate lots. Councilmember Bilyeu seconded the motion. Motion passed 444 Councihnember Chick voted inopposition. Motion made by Councilmember Barrett to deny a variance from the requirement where lA to lot drainage occurs. Councilmember Bilyeu seconded the motion. Councilmember Barrett amended the previous motion to deny a variance from the requirement where lot to lot drainage occurs and to deny misaligned lots without a private drainage an easement. Councilmember Bilyeu seconded the motion. Motion passed unanimously. Motion made by Councilmember Bilyeu to approve a variance from Section 10.106.d.12.A to allow a variance from the requirement that runoff shall cross no more than one additional lA before being directed to the street and to allow for the drainage to generally conform to natural drainage patterns and discharge to natural drainage pathways within the drainage basin. Councilmember Barrett seconded the motion. Motion passed 444 Councihnember Chick voted in opposition. O. RIDGEVIEW ESTATES ADDITION -VARIANCE ROAD WIDTH AND STORM SEWER Consider a request for a variance from Chapter 10 Subdivision Regulations Article 10.100 Subdivision Ordinance, Section10.105 to allow a variance from the required 31 feet street, face to face of curb and a 50 foot right -of --way with sidewalks, storm sewers, and utilities in the right-of-way and to allow for county requirements of no minimum street width in a 60 foot right-of-way without curb and gutter and storm sewers. (Hammonds) Motion made by Councilmember Bilyeu to approve a variance from Chapter 10 Subdivision Regulations Article 10.100 Subdivision Ordinance, Section10.105 stipulating that they follow the Estate Street section with a 31 foot wide street and water detention of 110% Councilmember Barrett seconded the motion. Motion passed unanimously. P. PROFESSIONAL SERVICES REIMBURSEMENT AGREEMENT WITH SANGER TEXAS LAND INVESTMENTS, LLC Consider a Professional Services Reimbursement Agreement with Sanger Texas Land Investments, LLC, and authorize the Mayor to execute said agreement. (Hammonds) Director Hammonds provided an overview of the agreement. Omar Oweis, Sanger Texas Land Investments, LLC, introduced himself and provided an overview of the proposed development. Page 8 of 9 Motion made by Councilmember Bilyeu to approve a Professional Services Reimbursement Agreement with Sanger Texas Land Investments, LLC, and authorize the Mayor to execute said agreement. Councilmember Gann seconded the motion. Motion passed unanimously. None. 7. ADJOiJRN. There being no further business, Mayor Muir adjourned the meeting at 10:03 p.m. Thomas E. Muir, Mayor S Kel y Ed ads, City Secretary �.` y GF ANC'% ` ' b Page 9 of 9