HomeMy WebLinkAbout2002-10-22 Special Meeting Packet 1
CITY COUNCIL
SPECIAL MEETING
The City Council of the City of Anna will meet in Special Session at 7:30 p.m., Tuesday, October
22, 2002, at the Anna City Hall, 101 N. Powell Parkway, to consider the following items:
1. Call to Order.
2. Roll Call.
3. Consider action to select financial institution for financing of purchase of chassis for
Booster 1 fire truck and authorize Mayor to sign documents relating to purchase of
chassis for Booster 1 fire truck.
4. Consider action on PZC recommendation regarding annexation request by Solid Ground
L. P. (Mr. Gene Yee) for 51.7 acre tract on CR 367.
5. Consider action on PZC recommendation regarding zoning request by Solid Ground L.
P. (Mr. Gene Yee) for 51.7 acre tract on CR 367.
6. Consider action on PZC recommendation regarding preliminary plat request for
Lakeview Addition.
7. Consider action on PZC recommendation regarding annexation request by Mr. Tommy
Tompkins for 35.08 acre tract on W. White Street (FM 455).
8. Consider action on PZC recommendation regarding zoning request by Mr. Tommy
Tompkins for 35.08 acre tract on W. White Street (FM 455).
9. Consider action on preliminary plat for Westfield Addition.
10. Consider PZC recommendation regarding annexation of 96.085 acre tract owned by
Soon Chee.
11. Consider PZC recommendation regarding annexation of 96.085 acre tract owned by
Soon Chee.
12. Consider PZC recommendation regarding zoning of 305 acre tract owned by George F.
West and A. L. Geer.
13. Consider PZC recommendation regarding zoning of 305 acre tract owned by George F.
West and A. L. Geer.
14. Consider approval of Facilities Agreements between City of Anna and MorMc-Hampton
L.P. for Meadow Ridge Addition and City and The Skorburg Company for Pecan Grove
Addition.
15. Consider appointments to Impact Fee Committee.
16. Consider action on Garage Sale Ordinance.
17. Consider and take action as desired on out of City water rate policy.
18. Consider renewal of contract with SPCA.
19. The City Council will recess into executive session under Texas Government Code
551.074 to discuss the following subjects::
Personnel: To deliberate the appointment, salary, employment, evaluation,
reassignment, duties, discipline, or dismissal of a public officer or
employee. (Government Code, Section 551.074)
Consider salary adjustments for City staff members.
The council reserves the right to return to executive session throughout this meeting.
20. Consider action on salary adjustments for City staff members.
21. Consider approval of filing of amicus curiae to SBCCI case.
22. Discussion regarding impact fees.
23. Consider approval of Minutes of meeting of September 10, 2002.
24. Consider approval of Minutes of meeting of September 17, 2002.
25. Consider approval of Minutes of meeting of October 10, 2002.
26. Staff reports and items for discussion.
27. Adjourn.
Acting City Secretary
Posted:
(Date and Time)
Any person needing assistance with participation should contact the City Secretary’s office at
972-924-3325 at least 48 hours before the meeting. The City Hall of the City of Anna is
accessible to physically handicapped persons.
AGENDA NOTES
3. Solid Ground annexation (51.7 acres).
PZC recommends approval of annexation of 51.7 acres, owned by Solid Ground L. P..,
managing partner Mr. Gene Yee.
4. Solid Ground zoning request.
PZC recommends approval of zoning request (by vote of 4-1) as detailed in the attached
ordinance. The major features of the ordinance and project are:
a. Lot size
• 44% of lots to be 50’ – 54’ wide at building line
• 29% of lots to be 54 – 59’ wide at building line
• 54% of lots to be 60’ or greater width at building line
b. Setbacks
• Side yard – 5’, except 15 feet on corners
• Front yard – 25’
• Back yard – 25’
c. Minimum house size to be 1,400 square feet
d. Payment for perimeter sidewalk to be made by developer and to be detailed in
Facilities Agreement
5. Lakeview (Solid Ground) preliminary plat.
Plat is for 200 lots, based on zoning described in item 4. Copy of preliminary plat is
attached. PZC recommended plat approval (by vote of 4-1)
6. Tompkins annexation (35.08 acres)
PZC recommends approval of annexation of 35.08 acres, owned by Mr. Tommy
Tompkins.
7. Tompkins zoning (35.08 acres).
PZC recommends approval of zoning of 35.08 acres, owned by Mr. Tommy Tompkins,
as detailed in the attached ordinance. The major features of the ordinance and project
are:
a. Lot size variable but maximum number of lots not to exceed 133.
b. Setbacks
• Side yard – 5’, except 15 feet on corners
• Front yard – 25’
• Back yard – 25’
c. Payment for perimeter sidewalk to be made by developer and to be detailed in
Facilities Agreement
d. Commercial zoning along entire frontage of W. White Street (FM 455).
Commercial to be C-1 except that car wash and restaurant uses would be
permitted and buildings up to 8,000 square feet in size would be permitted.
8. Westfield preliminary plat.
Plat is for 133 lots, based on zoning described in item 6. Copy of preliminary plat is
attached. Landscape and utility easement of 25’ is provided on W. White Street
frontage, which also allows for future expansion of W. White to 130’ right-of-way.
9. Chee annexation (98.085 acres)
PZC recommends approval of annexation of 96.085 acres, owned by Mr. Soon Chee.
10. Chee zoning (98.085 acres)
PZC recommends approval of zoning of 96.085 acres, owned by Mr. Soon Chee, as
detailed in the attached ordinance. The major features of the ordinance and project are:
a. Lot size to be minimum of 50’ wide and 6,000 square feet total area.
b. Setbacks
• Side yard – 5’, except 15 feet on corners
• Front yard – 25’
• Back yard – 25’
c. Payment for perimeter sidewalk to be made by developer and to be detailed in
Facilities Agreement
d. Masonry – 70% brick or stone on front and wrap corners with brick at least to side
yard fence. In addition, side of two-story dwelling to be at least 50% brick or stone.
11. Geer annexation (305 acres).
PZC recommends approval of annexation of 35.08 acres, owned by Mr. George F. West
(295 acres) and Mr. A. L. Geer (10 acres).
12. West/Geer zoning (305 acres).
The City Council tabled action on this zoning application pending development of more
detailed outline of areas to be zoned for the various lot sizes and location of commercial
and multifamily zoning. Mr. Wes has asked for reconsideration of this matter.
13. Impact Fee Advisory Committee.
The nominating committee will have names of nominees to serve on the Impact Fee
Advisory Committee for consideration at the council meeting.
14. Garage sale ordinance.
Sample ordinance is attached. You will probably want to make changes. Please mark it
up with suggestions before meeting.
15. Out-of-city water rate.
Mayor Ferguson, Mayor Pro Tem Montgomery, and Mr. Lawrence met with City Attorney
Bill Roberts recently to discuss this matter. Mr. Roberts noted that the September, 1999,
action of the City Council decreasing out-of-city water rates was not a valid action
because of the absence of an ordinance or even any reference to an ordinance adopting
the change in rates. He mentioned that there were possibly other procedural errors
and/or omissions that might also invalidate the action but the absence of an ordinance
was in and of itself sufficient to invalidate the action. Mr. Roberts stated that he would
send a letter summarizing his views on this matter, which will be distributed at the
meeting, if available.
16. SPCA Contract
SPCA contract has expired. Renewal agreement is attached for review.
17-18. Personnel – Salaries
I would like to get salary adjustments put on fiscal year schedule. We are already a
month behind but I would ask your consideration of salary adjustments at this time. The
following is status of each employee for which action is requested.
Mary Jo Babcock – Water/Sewer Department Clerk; Building Permits Clerk; Court Clerk
Hired 7-13-2001 $7.00/hr
Salary change 3-14-2002 $9.50/hr.
Cathy Crane Water/Sewer Department Clerk
Hired 6-20-2002 $8.25/hr.
C. L. Dhane Lead Man, Water/Sewer Streets Maintenance
Hired 8-31-2001 $9.50/hr.
Salary change 3-14-2002 $10.50/hr.
Earl Woods Water/Sewer/Streets Maintenance
Hired 3-14-2002 $9.00/hr.
Salary change 6-27-2002 $10.25/hr
David Certain Public Works Director
Hired
Mr. Harold Henderson was hired 8-16-02 and no salary change request is being made
pending completion of 90 day probation period.
Mr. Terry Gonzales has been on extended injury leave and no salary change request is
being made.
19. Amicus curiae – SBCCI.
Way too complicated to try to explain in a note. It involves effort to make building,
plumbing, mechanical code companies give up their copyrights to codes and allow them
to be published on the Internet. The City of Anna was a party to the original suit and we
are being asked to continue involvement. The federal courts have agreed with City and
other plaintiffs but the code companies have appealed. The City has not paid any fees
for involvement in the case and is not being asked to pay legal fees for any further
action.
20. Impact fees.
Depending on time availability I would like to take another shot at the Impact Fees 101
class. You were given some information (put together largely by Tim Morris) at your last
meeting.
Garage Sales
Division 1. Generally
Sec. 16-11. Definitions.
Sec. 16-12. Signs--Location on sale premises.
Sec. 16-13. Same--Prohibited locations.
Sec. 16-14. Same--Size; when posted.
Secs. 16-15--16-20. Reserved.
Division 2. Permit
Sec. 16-21. Required.
Sec. 16-22. Application.
Sec. 16-23. Fee.
Sec. 16-24. Compliance with fire and safety codes.
Sec. 16-25. Number per year.
Sec. 16-26. Duration.
Secs. 16-27--16-35. Reserved.
DIVISION 1. GENERALLY
Sec. 16-11. Definitions.
Sec. 11. Definitions.
As used in this article, unless the context otherwise requires:
Calendar year means that period of time from January 1 through December 31 of any year.
Chief building official means the official appointed by the administration or city council of the
City of McKinney, Texas, and charged with the responsibility of enforcing this article.
Dwelling means any building, or portion thereof, designed or used exclusively for residential
occupancy or which is occupied, controlled or used by any person as defined in this section.
Garage sale means any sale of goods, wares and merchandise in or on any dwelling or private
residential premises or in or on any commercial premises other than one zoned therefor and for
which a current valid commercial store license has been issued by the state.
Person means any person, individually, or any group of persons collectively or any association
organized for benevolent, charitable, religious or cultural purposes not for business or profit.
Sec. 12. Signs--Location on sale premises.
All signs or notices posted in regard to any garage sale for which a permit is issued under the
provisions of this article shall be posted only on the premises at which said sale is held and shall
be so located as not to constitute an impairment to or obstruction of traffic.
Sec. 13. Same--Prohibited locations.
Signs or notices under this article shall in no event be affixed to or located upon any public
property, right-of-way or easement, utility pole, sidewalk or other public way.
Sec. 14. Same--Size; when posted.
Signs or notices under this article shall be posted only for that period of time covered by the
permit and shall not be larger in area than two feet by three feet.
DIVISION 2. PERMIT
Sec. 16-21. Required.
No garage sale shall be conducted within the corporate limits of the city, as said boundaries now
exist or as said boundaries shall be hereafter altered, without a permit from the chief building
official.
Sec. 22. Application.
Any person desiring a permit under this article shall make application for such permit to the
chief building official, setting forth the location, time and date of said sale, the name and address
of the person holding said sale and the type of goods, wares and merchandise to be sold.
Sec. 23. Fee.
Unless otherwise imposed under the city's fee ordinance, there shall be no permit fee imposed for
garage sales.
Sec. 24. Compliance with fire and safety codes.
No permit shall issue under the terms of this article without full compliance with all terms and
conditions of the fire and safety codes of the state as said fire and safety codes have been adopted
by the city.
Sec. 25. Number per year.
No more than two permits per calendar year shall issue for any one premises or to any person per
calendar year as those terms are defined in this article.
Sec. 26. Duration.
No garage sale shall extend for any period of time exceeding two consecutive weekends or in
any event for any period in excess of ten calendar days.
State law references: Rules of public safety director, V.T.C.A., Government Code § 411.006(4).
CITY OF ANNA, TEXAS
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AUTHORIZING THE
EMPLOYMENT OF COUNSEL TO FILE AND AMICUS BRIEF AND APPROVING THE
SUBMISSION OF AN AMICUS BRIEF OBJECTING TO THE GRANTING OF
CERTIORARI IN THE CASE OF VEECK V. SBBCI AND APPROVING THE FILING
OF AN AMICUS BRIEF ON THE MERITS SHOULD CERTIORARI BE GRANTED
WHEREAS, the City Council of the City of Anna believes that public access to the laws,
regulations, and policies of public bodies, including the City of Anna, should be
encouraged and every reasonable effort should be made to insure access to laws,
regulations and policies that affect the citizens of a community; and
WHEREAS, the City Council of the City of Anna supports the position that building
construction codes are important regulations affecting the lives and property of citizens
and property owners of communities, including citizens and property owners in the City
of Anna; and that such codes, after adoption by the municipality, become part of the
body of public laws, regulations, and policies of the municipality; and
WHEREAS, the City Council of the City of Anna supports the position that SBBCI and
other publishers of construction codes do not and should not have the right to restrict
the dissemination of such codes, once adopted by a municipality, and
WHEREAS, the City Council believes that the opinion of the Fifth Circuit Court of
Appeals is sound and should be upheld; now therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT
1. The employment of counsel to file an amicus objecting to the granting of
certiorari by the United States Supreme Court in the case of Veeck v. SBCCI is
hereby authorized.
2. Should certiorari be granted, counsel is authorized to file an amicus on the
merits of the case of Veeck v. SBCCI.
PASSED by the following vote of the City Council of the City of Anna, Texas, on this the
22nd day of October, 2002.
AYES
NAYS
ABSTENTIONS
APPROVED: ATTESTED:
Mayor Acting City Secretary