11/06/2017-CC-Minutes-RegularCITY OF SANGER, TEXAS
MINUTES: REGULAR CITY COUNCIL MEETING
November 6, 2017, 7:00 p.m.
502 Elm Street, Sanger, Texas
COUNCIL MEMBERS PRESENT: Mayor Thomas Muir, Councilman Bill Boutwell,
Councilman David Clark, Councilman Allen Chick, Councilman Gary Bilyeu,
Councilman Lee Allison
COUNCIL MEMBERS ABSENT: None
The Mayor and all Council Members were present constituting a quorum.
STAFF MEMBERS PRESENT: Acting City Manager Alina Ciocan, City Secretary Cheryl
Price
1. Call Meeting to Order, Invocation, Pledge of Allegiance.
The Regular City Council Meeting was called to order by Mayor Muir on Monday,
November 6, 2017 at 7:11 p.m. The Invocation was given by Councilman Bilyeu and
The Pledge of Allegiance was led by Councilman Clark.
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).
Jared Patterson, 4412 Sapphire Drive, Frisco, Texas, was recognized. He stated he
is here to introduce himself as a Candidate for House District 106 in the Republican
Primary in March. Mr. Patterson is looking to replace Pat Fallon who is running for
the State Senate. He noted he is a God fearing, Texas loving husband and father of
three. His wife Leslie is a former school teacher who stays at home with their three
children, Regan, Austin, and McKinley (named after two Republican Presidents and
the Father of Texas). He noted he grew up in Whitesboro Texas. His mother was a
school teacher for 38 years and his father was a mailman and started a small
business when he was in the first grade. His brother is a former volunteer firefighter
in Whitesboro and works in the Addison Fire Department as Battalion Chief. His dad
was on the school board when he was growing up. He noted that serving the
community runs in his family. He has been a Planning and Zoning Commission
member, an EEC member, a City Councilman, a Mayor-Pro-Tem. He has served on
the executive board of the North Central Texas Counc il of Governments, a Precinct
Chair of the Republican Party three times and delegate to the Republican
Convention of Texas, three times. He stated he knows he is young, but he has a lot
of experience and believes this next step is the right step for him. He noted he
would be happy to meet with anyone, one on one to answer any questions on where
he stands on the issues. He thanked everyone for their time.
3. CONSENT AGENDA:
a) Approval of Minutes:
1. City Council Work Session, October 16, 2017
2. City Council Regular Meeting, October 16, 2017
3. City Council Special Meeting, October 30, 2017
b) Disbursements
A motion was made by Councilman Allison to approve the Consent Agenda as
presented. Motion was seconded by Councilman Boutwell. Motion carried
unanimously (5-0 Vote).
4. Consider any Items Removed from Consent Agenda.
None.
REGULAR AGENDA
Mayor Muir advised for the Record that Councilman Allision is the
Engineer/Consultant of Record for the following Sable Creek Items 5 and 6.
Councilman Allision recused himself from the meeting and exited the room.
5. Consider, Discuss and Act on the Preliminary Plat of the Sable Creek Addition,
Phase III, being 17.865 Acres in the R. Bebee Survey, Abstract No. 29,
Generally Located South of FM 455, North of McReynolds Road and West of
Sable Creek Phases I and II.
Acting City Manager Alina Ciocan summarized noting this is Sable Creek, Phase III
and Council is probably familiar with this property as they have seen it at a previous
Council Meeting in a slightly different version. The applicant has submitted a
preliminary plat for 69 lots intended for single family use. The property is zoned
Single-Family-7 and the plat does comply with the subdivision and zoning ordinance.
Staff recommends approval. The Planning and Zoning Commission unanimously
approved the Preliminary Plat on October 9th. There was no one recognized
representing the developer of the property who wished to speak.
A motion was made by Councilman Boutwell to approve the Preliminary Plat of the
Sable Creek Addition, Phase III, being 17.865 Acres in the R. Bebee Survey,
Abstract No. 29, generally located south of FM 455, north of McReynolds Road and
west of Sable Creek Phases I and II. Motion was seconded by Councilman Bilyeu.
Motion carried unanimously (4-0 Vote – Lee Allison recused himself from the
meeting and was not present for the vote because he is the Engineer/Consultant of
Record for the project).
6. Consider, Discuss and Act on the Final Plat of the Sable Creek Addition,
Phase III, being 17.865 Acres in the R. Bebee Survey, Abstract No. 29,
Generally Located South of FM 455, North of McReynolds Road and West of
Sable Creek Phases I and II.
Acting City Manager Alina Ciocan summarized noting this is the Final Plat of Sable
Creek Phase II and that the same comments apply as the preliminary plat mentioned
previously. The Final Plat is conforming and staff recommends approval.
Councilman Boutwell noted that in view of the fact that previous concerns have been
resolved and that Council just approved the Preliminary Plat, he proposed a motion.
A motion was made by Councilman Boutwell to approve the Final Plat of the Sable
Creek Addition, Phase III, being 17.865 Acres in the R. Bebee Survey, Abstract No.
29, generally located south of FM 455, north of McReynolds Road and west of Sable
Creek Phases I and II. Motion was seconded by Councilman Bilyeu. Motion carried
unanimously (4-0 Vote – Lee Allison recused himself from the meeting and was not
present for the vote because he is the Engineer/Consultant of Record for the
project).
7. Conduct a Public Hearing Regarding a Proposed Amendment to the
Comprehensive Plan and Future Land Use Map to Change Two Tracts of Land
Being Approximately 0.329 Acres and 1.240 Acres from Commercial Use to
Industrial Use. The Subject Properties are Generally Located South of FM 455
and East of Acker Street.
The Public Hearing was opened at 7:23 P.M. Acting City Manager Alina Ciocan
provided preliminary comments. She noted the applicant is present and she noted
they would like to speak. She advised the Mayor and Council that anytime we have
zoning request that is not in line with the Comprehensive Plan, first the
Comprehensive Plan would have to be amended to be reflective of the requested
zoning use. Mr. Louis Chenault is requesting to change the zoning from “B-2”
Business District 2 to “I-1” Industrial -1 zoning (there is a companion case for zoning
following this agenda item for zoning). Our Comprehensive Plan currently shows the
area as Commercial use and would have to be changed to Industrial Use to allow
Mr. Chenault’s request for Industrial zoning. This is pertaining to two tracts of land
south of Chapman Road on the East side of Acker Street north of Dr. Wallace’s
Veterinary Clinic and Kennel Facility. Som e elements to consider that are listed in
the staff report are that the entire quadrant is currently listed as Commercial use on
the Comprehensive Plan. The property immediately to the south of the subject
tracts is zoned I-1 Industrial District I, but is not reflected on the Comprehensive
plan. We can touch on that during the re-zoning case. If the Council votes “No” on
the Comprehensive Plan amendment, then Council can not vote “Yes” on the re-
zoning. Agenda Items 7 & 8 are linked.
Councilman Boutwell asked what the purpose of the rezoning was. Alina Ciocan
noted that Mr. Chenault wants to expand their business which is already located in
Sanger, by adding another building for a machine shop.
Mayor Muir noted that since it is a Public Hearing he asked if the applicant wished to
speak and summarize what he is planning to do. Mr. Louis Chenault, was
recognized. He stated he has a business in town located on Acker Street. His
business is selling oil field tools. The tools are currently built to his specifications in
places all over the world (Mexico, Canada, China and some domestically). All of the
products come to his shop in crates to his place of business on Acker Street. They
receive them in, inventory, quality control them , and assemble them. He noted that
he has lately been running into problems with this because it sometimes takes him
up to 6 months to get his tools and it is becoming more costl y and precarious with
NAFTA, China and Korea. He and his family have made a decision to start building
the products in-house. They are on Acker Street now in three buildings and to
expand this business he needs to build another building and bring some computer
operated machines in and hire appropriate personnel to run them. He noted that the
way the buildings are situated close to the front of the street and there is no parking.
He noted when he bought the property it was being used as a garbage dump, Illegal
RV parking and an Auto Paint shop. The tenants were evicted and the area and
buildings were cleaned up and offices were remodeled with insulated, restrooms,
offices etc. Again, to continue the growth of his business he needs another building
to put his machines in. He noted he has employed Eikon to do the engineering, site
plan, drainage plan, etc. He noted they have remodeled all of the buildings and
always met the City specifications. They have been in the City for 10 years and
would like to stay here, that it has been great being here and that is his request for
the zoning. He noted that he or his architect Richard Mason would be happy to
answer any questions.
Mayor Muir solicited any citizens who wished to speak. No one came to the podium
to be recognized. An unidentified seated citizen asked if there were going to be a lot
of cars going and coming because there is a school there. Mr. Chenault advised
that currently the parts are sent from overseas in large trucks so he believed that
them making the tools in-house would actually decrease the traffic, because they will
be having less large trucks coming in. He advised that the new building will be
located in the back far corner of the property where you can not even see it from the
road. They will pour concrete there and it will bring more parking into the back area,
which is now located in the front of the buildings. He reiterated that he felt that all of
the things he has mentioned will likely reduce the amount of traffic. The same citizen
also asked if there would be forklifts. Mr. Chenault noted that he does use forklifts
now and when this project is completed most of them will be inside of the property.
.
There being no further public input the Public Hearing was closed at 7:30 P.M.
8. Consider, Discuss and Possibly Act on Ordinance #11-38-17 – Amending the
Comprehensive Plan and Future Land Use Map to Change Two Tracts of Land
Being Approximately 0.329 Acres and 1.240 Acres from Commercial Use to
Industrial Use. The Subject Properties are Generally Located South of FM 455
and East of Acker Street.
Councilman Bilyeu asked what type of uses would be allowed in light industrial
zoning. Acting City Manager Alina Ciocan advised that in light industrial you could
have warehousing, machine shops, etc. Mayor Muir noted that most people visualize
businesses with smoke-stacks in industrial zoning. Ms. Ciocan noted that
smokestacks and industrial development similar to that type would be considered
heavy industrial and we don’t really have any of that right now. Councilman Allison
noted that the Comprehensive Plan is a guiding document and a Zoning Ordinance
is a controlling document. We are not introducing industrial into the area, it is
already there. He asked if we should consider putting in some kind of overlay district
to limit some of the uses in the Light Industrial Zoning in this area to guard against
the wide open industrial zoning. Ms. Ciocan advised the only way we would be able
to put restrictions on the uses would be with a Planned Development (PD); however,
in this particular situation a PD would not apply because you have to have three
acres to have a PD in place. This property is only 1.5 acres. Councilman Allison
advised that we may want to look into overlay zoning for the future and also noted
concerns regarding impact on existing streets. Ms. Ciocan summarized the existing
zoning in the quadrant. Councilman Bilyeu asked if they sent out notices. Ms.
Ciocan advised that she sent out 16 notices and we did not receive any comments
back in favor or opposed. At the Planning and Zoning Commission meeting there
were no public participants. Planning and Zoning did recommend approval of the
proposed changes. It was noted that Mr. Chenault owns a majority of the
commercial property in this area. Also, that there are already some grandfathered
industrial zoned pieces in the area.
A motion was made by Councilman Bilyeu Approve amending the Comprehensive
Plan and Future Land Use Map to change Two Tracts of Land being approximately
0.329 Acres and 1.240 Acres from Commercial Use to Industrial Use. The subject
properties are generally located south of FM 455 and east of Acker Street. The
motion was seconded by Councilman Clark. Councilman Allision noted he is in favor
of this because there are already properties that are similarly zoned. He suggested
to look into a type of overlay zoning or an SUP type restriction, as we move into the
future, to restrict more onerous uses. There was brief discussion. The Motion
carried with a 4-1 vote, Councilman Chick voting Against.
9. Conduct a Public Hearing Regarding a Request to Rezone Two Tracts of Land
Being Approximately 0.329 Acres and 1.240 Acres From B -2 Business District
to I-1 Industrial District. The Subject Properties are Generally Located South
of FM 455 and East of Acker Street.
The Public Hearing was opened by Mayor Muir at 7:45 P.M. and he solicited anyone
who wished to speak regarding the request for zoning.
An unidentified citizen in the audience noted that she thought Dr. Wallace was going
to extend her business to the south and wanted to know if this was any of the
buildings where she was expanding. It was noted that this request is to the north of
the buildings.
There being no one approaching the podium to speak, the Public Hearing was
closed at 7:46 P.M.
10. Consider, Discuss and Act on Ordinance #11-39-17 – Amending the
Comprehensive Zoning Ordinance and the Official Zoning Map to Rezone Two
Tracts of Land Being Approximately 0.329 Acres and 1.240 Acres From B-2
Business District to I-1 Industrial District. The Subject Properties are
Generally Located South of FM 455 and East of Acker Street.
A motion was made by Councilman Bilyeu to approve amending the
Comprehensive Zoning Ordinance and the Official Zoning Map to rezone two tracts
of land being approximately 0.329 Acres and 1.240 Acres from B -2 Business
District to I-1 Industrial District. The subject properties are generally located south
of FM 455 and east of Acker Street. The motion was seconded by Councilman
Boutwell. Discussion was called. Mayor Muir noted that Council is always weary
about what could happen in an open zoning for industrial uses, which was probably
Councilman Chicks concern and why he voted in opposition. There is always the
concern as to how wide open are we throwing the door. Mayor Muir appreciated
the fact that Mr. Chenault has been here for 10 years and that this would bring
more jobs to the community. He encouraged the applicant to go forward and make
this something that the whole community could be proud of. Councilman Chick
agreed with Mayor Muir’s comments about why he voted in opposition. The motion
was called and carried with a 4-1 vote with Councilman Chick voting in opposition.
11. INFORMATION ITEMS:
a) Financial and Investment Report:
1. August 31, 2017
2. September 30, 2017
b) Capital Projects Reports:
1. September 30, 2017
2. October 27, 2017
Mayor Muir noted that revenues were down in Electric but that was weather related,
but staff controlled the spending and came in under budget.
There was brief discussion on Capital Projects. Councilman Clark requested that he
would like updates on the Wastewater Treatment Plant and would like to see Neal
Welch come in to the next meeting and give an update. T he stated they have not
heard anything new on the projects for a couple of months. Mayor Muir noted that
he and Mike were also talking about another on the ground visit at the plant; and,
that he would like to see the weekly wastewater update reports from Jim Bolz begin
again. There was discussion as to why the plant was having problems and Mayor
Muir noted that since Denton has recently discontinued taking septic dump and they
can only dump in Fort Worth and Dallas now, that there is potential that some of that
is getting dumped illegally through manholes into the City’s sewer system. The
police are aware of it and are doing what they can to monitor it. Councilman Allison
noted that we need to make sure that the Wastewater Treatment Plant Expansion is
not confused with the current operation and odor issues. Mayor Muir noted that he
does know that there was a big sludge h it on the plant and that there have been
other similar complaints from other surrounding entities.
12. ADJOURN.
There being no further discussion the meeting was adjourned at 7:57 P.M.