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HomeMy WebLinkAbout1997-04-22 Regular Meeting Minutes CITY COUNCIL MEETING ANNA CITY HALL APRIL, 22, 1997 The City Council of the City of Anna met in regular session on the 22nd day of April 1997 with the following members present and participating: Mayor, Ron Ferguson, Bob Estep, Debbie McIntosh, Lisa Copeland, Duane Hayes and Joe Murphy. The meeting was called to order at 7:30 p.m. by Ron Ferguson. Others present were Brian Patrick, Tom Belt, Elliott Bradley, Tim Morris, T.J. Warren, Tommy Beazley, Burl Cunningham, Tommy Cunningham, Randy, Ricky Dawes, Wayne Halliburton and ion Hendricks. Ron asked for any citizen' s participation at this time, -there was no response. Ron asked Gary refrain to come up and speak to the Council regarding the Hurricane Creek Development. Gary presented a Detailed map of the Development. Debbie asked Gary what his position was? Gary stated he did not have a title, maybe Vice President. He stated he was with Lafayette Properties. Debbie asked if they owned the property. Gary stated that they do not own the property that it was only under contract. Gary stated that the reason this property is so difficult to deal with Is because of the many jurisdictions it falls in. Mr. Defrain introduced some of the individuals that were with him, Elliot Bradley with Bradco Interest, Brian Patrick and Tom Belt with Hawkins & Assoc. Debbie asked who put this plan together? Gary stated that he put the plan -together. Gary went -to the, map -to show the Council the different jurisdictions the development is in. Gary stated that there was 1900 acres to this development. Gary stated that 1316 acres fall west of highway 75 and 654 acres falls east of highway 75. Gary stated the 131.6 acres Is the starting point of this development. The lots will be a minimum of I acre tracts. Gary stated that Mantua overpass will be the front door for this development. Gary stated that tonight he was attempting the first step that was in your Sub-Division Ordinance. Gary stated that what it states is that prior to any submittal of any preliminary plat we are obligated to speak with the Council with regards to introducing this development. Gary stated that he was obligated by the County to process preliminary plats through the local jurisdiction. Gary stated that Anna ' s City Limits sign is basically shown as Kelly Road. Gary stated that Van Alstyne and Anna' s Extraterritorial Jurisdiction overlap one another. Gary stated that Kelly Road is the School. District boundary. Gary stated that they were requesting certain variances to the existing Sub-Division Ordinance in regards to the eventual submittal of preliminary plats. Gary stated that the development is very rural, that it is similar to Country Ridge. Debbie stated that we cannot take any action on this tonight. Gary stated -that the reason lie is asking for variances is in order to do the preliminary plat. Gary stated the only -thing the preliminary plat will tell the Council is the dimension of the lots. Debbie stated that a preliminary plat should tell us who owns the land, who the sub-divider is, who the engineers are, who the surveyors are, the proposed name of the sub-division, the name of the adjacent sub-division or owners of adjacent parcels of adjourning property and all street names, and many more items listed in our Sub-division preliminary plat requirements. Gary stated that the attempt today is to get a gauge on the City of Anna as to how they respond before we go to all the time to present a plat. Debbie asked under which of the 4 items is it of your opinion -that you would be deprived of the use of the land? He stated it has -to apply with all of them. Gary read item 1, in the sub-division ordinance. Gary stated that he thinks that we should understand where the land is, what is the surrounding land use, we have an existing rural development to 'the south which is as dense as it is to -the surrounding land. The variances he is asking for are curb and gutter, streetlights at every intersection, 400 foot matching pole seg lines. These items would basically create a development that was more urban. He stated that the reasonable use of the land is basic on rural . Debbie asked how streetlights and curbs would deprive you of reasonable use of the land? Gary stated that they want the variance for streetlights because, our ordinance requires where the streetlights go, and he would only put streetlights where they are needed. Gary also stated that our ordinance requires 1 1/2 inch asphalt roads with curb and gutter. Gary stated he wants to do this rural. in regards to drainage, much like the sub-division to the south and Country Ridge. Gary stated that if he curbs and gutters this development it will take away from the rural affect he is trying to achieve-. Debbie again asked how this deprives him of the use of the land? Gary stated that if he is forced to comply with the Sub-Division ordinance to build an urban type development, then he will be obligated because of cost of building that system, to create smaller lots. Gary stated he has no intention of doing this. Gary stated the reasonable use of the land is for larger lots with a rural affect. Debbie asked who are the builder going to be? Gary stated -that he had no idea, that when they sell a lot the person can basically use who they want to use. Bob stated he would come nearer buying a lot the size Gary has, than the smaller one,.C.,,. Bob stated the plans are more suitable with the rural affect. Joe asked who was responsible for the streetlights? Gary stated Home Owner Assoc. was responsible. Joe asked for how long? Gary stated forever. Lisa asked what benefits will the City of Anna receive? Gary stated that the Council will. have to decide that in regards -to an annexation standpoint. Gary stated -that as for as tax authority, the school district will benefit. Joe asked about fire protection? Gary stated since our Fire Dept. is strictly volunteer, we would have to depend on donations., Gary also stated that he understood the police protection was Collin County' s, with some Interlocal Agreement with the City of Anna and Melissa Police Dept. . Gary stated he really did not have a good answer for Lisa' s question . Lisa stated that the Fire Dept. will profit, because they receive funds based on how many runs they go out on, but Lisa' s main concern was the City of Anna. Lisa asked if there was any talk at all when they started the process to come to the City of Anna to see if they could supply the water? Gary stated that they spoke with Ron, Pat Dillon, Lee Lawrence and Jerry Chapman in regards to how this will work. Gary stated that through the State, South Grayson water has -the larger jurisdiction . Gary stated he went to South Grayson Water Corp. to waive their jurisdiction and they would not, so he had to deal with them. Debbie asked when Gary met with Ron and the others did the City of Anna indicate an unwilliness to provide water? Gary stated they did not show an unwillingness, but when the jurisdiction was riot waived his hands were tied as to who he had -to deal with. Gary stated that this was called a Certificate Convenient necessity, that issued by, the TNRCC. Gary stated that South Grayson has the jurisdiction. Lisa asked Ron if the city could get water out there, would they have jurisdiction? Ron stated -that it was his understanding that if they asked to be incorporated into the city we would have had just as much right as South Grayson. Ron stated we could have done this. Debbie asked them why is Anna not providing the water? Bill. Roberts stated that in order for the City of Anna to request those rights from the TNRCC to serve -the water, the property has to be in the City of Anna. Bill stated the property owner would have to request annexation. Debbie asked Gary why he did not request annexation? Gary stated he had a certain time frame in order to go through. Debbie asked what that time frame was. Gary stated he had about a month to go. Gary also stated that he was not sure that he had the authority to ask for annexation because he does not own 'the property. Bill Roberts stated -that this was correct. Debbie asked if Gary had a contract with South Grayson for the water rights? Gary stated he has an agreement with them, it is not a contract. Debbie asked if Gary has agreed to pay South Grayson money? Gary stated that he has. Debbie asked if South Grayson was drilling the well for this development? Gary stated that the well was in the process before he got involved with them. Gary also stated he wanted to do his own well. on site. Gary stated that this would have been the logical thing to do, because if the city would have annexed the area they could have turned the water system over to them. Tim Morris stated that you have to own the land in order to submit a plat. Gary stated that he could present a preliminary plat with the owners approval . Duane stated that based on the variances 'that they are asking for, a 400 foot minimum cul-da-sac will not work in a rural setting and as far as roads go any roads that are curbed should be guttered. Duane also stated that it should be concrete also. If you curb a street then carry the water to a location and you do not dissipate that water through some kind of guttering system, then where ever the water hits dirt you con-tribute to excessive erosion. Duane stated that he thinks we do not have the right to give there gentlemen heartache because we have failed to get water and sewer out to Hwy. 75 . Duane also stated that he thinks that one day in the future the city will benefit. Elliot Bradley spoke to the Council regarding this matter. He stated that his intent is to work closely with the Council from this day forward. He also stated he would like to work with -the Council on the 654 acres to bring sewer to this. He also projected a Plant with many employees also being out there in the future. Bill Roberts stated lie has heard the term "plan development" several times tonight . If the Council. was to look at this as a plan unit development, historically the Stab-Division does allow you to bi-pass the typical variance procedure, where you have to find the reasonable use of the land and you can use whatever standards you want to. Bill stated that the fault in this is that plan unit development is a zoning term and you don' t have zoning on land in your ETJ. The only way it can be a plan unit development, that will allow you the wide open ability, is to develop the property as if it is in your jurisdiction and you have zoned it plan unit development. Gary stated his intent was to get a read on how the Council felt regarding this plat. Tim Morris stated that if the development is going to be part of our City then we should have the water system. Tim stated the way to get the water system is you annex it. Ron asked Tommy Cunningham to come forward to discuss approval of his plat. Tommy presented detail maps to each Council member. The Council reviewed the map. Duane asked Tommy if he was going to build up the lots because according to -the elevation of lot 6 through lot 10 -this was the lowest point? Tommy stated that be was going to build all -the lots up. Lisa asked Tommy which way are the homes going to face -the road? Tommy stated East and West. Duane asked if -this would be new construction or move-ins? Tommy stated they would be a move-in, but -that they would be re-done. Lisa asked if they were going to be Mobile Homes? Tommy stated that he didn' t mention any Mobile Homes. Lisa asked if be was going to rent or sell the property. Tommy stated he would probably sell them. Duane told Tommy that he has done a good job on presenting -the plat to the Council. Joe stated that what Tommy needs to know now is where be goes from here. Bill Roberts stated -that all he needs on the plat now is the utility' s on the preliminary plat to present for approval . Ran stated he will need to pay $35.00 for filing the preliminary plat, then the final plat will require some fees also. Ron stated we cannot act on -this tonight. Joe asked if he could go ahead and pay his fee' s and be put on the next agenda? The Council. agreed he could. Ron stated that we will. jump to item 7, because some of the citizen' s have been waiting for a long time. Item 7 was to discuss and -take action on Parks and Recreation Board. The Council asked to speak to Jon Hendricks regarding the Parks and Rec. Board. Jon stated that years ago the Council. had adopted a Parks and Rec. Board. Jon asked what happened to the Board? Jon asked that the Council re-activate the Board and set regular meetings. Tommy Beazley stated that the Parks and Rec. Board was designed so that any plans for the Parks would go through this Board. When the Board approved something, then it was brought to the Council . The Council had some discussion regarding this and asked Jon and Tommy to select -the Board and bring it back to the Council.. Duane stated that the Committee should be separate and apart from the City Council., it should have a City Council member attend the meetings as a non-voting liaison. Duane stated that Jon and Tommy develop a Board Plan for the Council and find the members to set on it. Debbie stated that she spoke with TML and they stated that the Parks and Rec, Board has to be appointed by the Council . The Council agreed that the AYSA make a list of nominee and bring it back to the Council to vote for the members to be on the Board. Debbie stated that she would volunteer to be the Council member liaison. Duane made a motion to table this, pending a list of elected nominee. Ron stated item 6 was -to discuss and take action on Planning and Zoning Board. Debbie stated that she found out that the members on the Board don' t have to be in the city limits. Debbie stated she would like to see a list put together so that the council can vote for this. Joe made a motion to have Debbie put a list together so that be Council can vote for Board members at the next meeting, Duane seconded. Motion carried. Ron stated item 8 was the approval of April. 8, 1997 minutes. Joe made a motion to accept the minutes, Debbie seconded. Motion carried. Ron stated item 9 was to discuss and -take action regarding Copier Charges. Pon stated that Bill Roberts the Cities Attorney told him that lie had a list of charges. Ron asked the City Secretary to call Bi:Ll and have him -to fax the list of charges. Lisa tabled this until we have the list from Bill Roberts to review. The City Council will recess into Executive Session under Texas Government Code Sections 551 .071 and 551 .074 of the Texas Open Meetings Act for the following purpose: A. Personnel : To discuss and take action as needed regarding personnel requirements. Ron stated the City Council will re-convene into regular session to act on items discussed in executive session. Ron stated that they had nothing to act on at this time. There being no further business this meeting was adjourned at 10 : 35 p.m. . Respectfully submitted, C 'itSecretary Ma or, Ron Fergu n m, 8 J 1 . r� M w „ y i