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HomeMy WebLinkAbout2002-03-12 Regular Meeting MinutesMinutes City Council Meeting March 12, 2002 Anna City Hall 120 W. 4a` Street The City Council of the City of Anna met in Regular Session on the 12'" day of March 2002. 1. Call to Order Mayor Ron Ferguson called the meeting to order at 7:43 p.m. 2. Roll Call The following members were present and participating: Mayor Ron Ferguson, Joe Finley Jr., Lisa Copeland, Brenda Tilley, Lynn Mosier, Lynn Dhane. City Administrator — Lee Lawrence. 3. Citizen Participation Mr. Johnny McBride requested that his sewer problems be fixed. 4. Public Hearing — Specific Use Permit to own and operate an eight liner business at 117 S. Powell Parkway. There were no written responses to the posted public notice regarding this item. The following persons spoke regarding this issue. Alvin Jenkins Mr. Jenkins explained that he would actually own and operate the business. He noted that the main issue that the PZC was interested in was the parking. He explained that there was ample parking on both front and south side yard areas to satisfy the City's zoning ordinance requirements. He noted that two other businesses along S. Powell Parkway already had eight liner machines on the premises. He also argued that he was being subjected to discriminatory treatment because other businesses in the downtown area, including the carpet and plumbing businesses on W Fourth Street, had been allowed to open without complying with provisions of the C -I zoning district. He also stated that he believed that the zoning map was not Legal because the Mayor and City Secretary had not signed it. Mr. Jenkins also expressed concern regarding incorrect information about parking on the lot that was provided by Mr. Lawrence to the Planning and Zoning Commission and City Council. Robert Hamilton Mr. Hamilton spoke against issuance of the Specific Use Permit, citing moral, economic, and land use grounds. He argued that the machines are gambling devices and undermine basic moral principles and have a negative economic impact on the community. He also argued that the business would be close to existing residences and only a few blocks from several churches and the elementary school. Ivah Abraham Ms. Abraham explained that she and her husband owned the building in which the business would be located and they had given permission for the business to be located in the building. She also testified to the good character of Mr. Jenkins. Page 2 City Council Meeting Minutes, March 12, 2002 Chad Nolan Mr. Nolan expressed support for approval of the Specific Use Permit. Brenda Jenkins Ms. Jenkins expressed support for approval of the Specific Use Permit. Jim Mann Ms. Jenkins expressed support for approval of the Specific Use Permit. Lisa Copeland Ms. Copeland expressed support for approval of the Specific Use Permit and expressed concern that Mr. Jenkins had not been treated fairly by City staff and officials. Lynn Mosier Mr. Mosier stated that 99% of people calling him have been against approval of the Specific Use Permit. Ms. Copeland noted that virtually all of the calls she has received were in favor of issuing the permit. Public Hearing was closed at 8:08 p.m. Public Hearing — Zoning Change from 1-IIC-I to C-2 at 402 W. White Street. Public Hearing opened at 8:09 p.m. The following persons spoke regarding this issue. Duane Hayes Mr. Hayes spoke on behalf of the bank and explained that the bank was asking that the property owned by the bank, excepting one tract on which a single family dwelling is located, be changed to a C-2 zoning so that a perntanent bank building could be built on the land. Public Hearing, was closed at 8:15 p.m. 6. Consider action on request for Specific Use Permit for 117 S. Powell Mr. Finley made a motion to send the request back to the Planning and Zoning Commission. Mr. Mr. Lynn Mosier seconded the motion. The motion carried 51010. 7. Consider action on recommendation of Planning and Zoning Commission regarding zoning change at 402 W. White Street. Mr. Lawrence noted that the recommendation from Planning & Zoning was that the request is granted. Ms. Lisa Copeland made a motion to change the zoning to C-2. Ms. Brenda Tilley seconded the motion. The motion carried 5/010. 8. Consider authorizing approval of revision to Meadow Creek Facilities Agreement. Mr. Lawrence explained that .the Meadow Creek Facilities Agreement was being revised to include the both the Powell and Jones tracts. The Agreement includes provision for a Capital Improvements fee of $2,200 per lot, with one-half of payment to be made at time of final plat approval and one-half to be paid with the building permit. Ms. Lisa Copeland made a motion to approve the revision. Mr. Lynn Dhane seconded the motion. The motion was carried 51010. Page 3 City Council Meeting Minutes, March 12, 2002 9. Final Plat Oak Hollow Estates, Phase 2 Mark Paquette (Carter and Burgess) was recognized and explained that Phase 2 of the development involved the southeast quadrant of the subdivision and would be developed in the same fashion as Phase 1. He mentioned that a roadway connection had been added to connect the subdivision to CR 367 at the southeast corner of the subdivision. Mr. Lynn Mosier made a motion to approve the Final. Plat. Mr. Joe Finley seconded the motion. The motion carried 41110, with Ms. Copeland voting against the motion. 10. Final Plat, Creekside Estates, Phase I Matt Robinson (Carter and Burgess) was recognized. He explained that the development included about 230 lots, with a neighborhood park at the southeast corner and a large area of open space along Throckmorton Creek on the west side of the property. Mr. Lawrence made a recommendation that any approval be conditional upon the review of the floodplain report by the engineer. Lisa Copeland made a motion to approve the Final Plat subject to review and approval of the floodplain report by the engineer. Mr. Joe Finley seconded the motion. The motion carried 510/0. 11. Hurricane Creek Estates South. Mr. Lawrence was recognized to say that the Planning and Zoning Commission had recommended approval of an agreement for development of the subdivision. This agreement included variances from the City's Subdivision Ordinance regarding street construction, street width, and payment for the developer's share of the perimeter road on the east side of the tract. William A- Taylor, the owner and developer of the property, was recognized. The Mayor and several members of the council expressed concerns that the streets were not concrete, too narrow and had poor drainage. Concern was also expressed about the fact that the developer was not paying the full cost of his half of the projected thoroughfare that was planned for the eastern perimeter of the tract. Mr. Duane Hayes was recognized to note that the Planning and Zoning Commission believed that the proposed street and drainage infrastructure would be adequate for a subdivision of only 17 lots with lot sizes averaging over two acres. After considerable discussion Ms. Lisa Copeland made a motion to return this issue to Planning and Zoning. Mr. Joe Finley seconded the motion. The motion carried 51010. 12. Final Plat - A & P Subdivision Mr. Flores, the owner and developer of the property, was not in attendance, Lee Lawrence detailed the history of the Subdivision, noting that the subdivision consisted of two lots and one of the lots contained an existing residential unit He noted that the subdivision did not meet Anna subdivision requirements for water service or fire flow and the county road providing access to the subdivision did not meet City standards. He noted that the Planning and Zoning Commission had recommended approval of the plat on the basis that the development was consistent with existing development in the area and the addition of another housing unit at this location did not appear to pose any significant development or other problems for the city. Mr. Lynn Mosier made a motion that the Subdivision be approved. Mr. Lynn Dhane seconded the motion. The motion carried 51010. 13. Final Plat - Escamillo Addition Mr. Roland Foerster, engineer for the Escamillo family, was recognized to discuss this item. He explained that the addition included only one lot on which the Escamillo family intended to locate a single-family residence. Mr. Lawrence noted that the lot fronted on State Highway 5 and was Page 4 City Council Meeting Minutes, March 12, 2002 served by a substandard water Eine. Mayor Ferguson argued that a condition of platting should be annexation of the tract into the City of Anna. Mr. Joe Finley made a motion to approve the Final Plat subject to annexation. Ms. Lisa Copeland seconded the motion. The motion carried 51010. 14. Anna Land Use and Thoroughfare Plan Mr. Lawrence reviewed the Land Use and Thoroughfare Plan, explaining that the City needed to approve the plan so that zoning and platting decisions would be better supported in case of disputes. Ms. Lisa Copeland made a motion to approve the plan by adoption of Resolution 2002-07. Mr. Lynn Mosier seconded the motion. The motion carried 41110, with Ms. Brenda Tilley opposing the plan because of the proposed use of Hackberry Street as a major thoroughfare. 15. Code Enforcement Officers Mike Green was recognized and addressed the Council regarding how he was addressing the code enforcement problems he was encountering. The Council gave direction to Mr. Green to work with the citizens in an attempt to resolve code violations without resort to citations whenever possible. 16. Contract with Marcia Suhling, CPA to provide financial services to City. Mr. Lawrence was recognized to present a proposed letter agreement between Ms. Marcia Suhling and the City (attached). Mr. Lawrence recommended the approval of Ms. Suhling's offer to provide the listed services at a rate of $300 per month. Mr. Joe Finley made a motion to approve the contract with Ms. Suhling. Ms. Lisa Copeland seconded the motion. The motion carried 51010. 17. Ratifying City staff actions in filing an application with the TNRCC to amend the City's water and sewer Certificates of Convenience and Necessity (CCN). Mayor Ferguson noted that the City was working with the cities of Melissa and McKinney to negotiate with North Collin WSC regarding extension of the Anna water CCN into areas now served by North Collin. This involved filing an amendment to the existing Anna water CCN. Since North Collin does not provide sewer services, the City of Anna was also filing for the right to provide sewer service with the North Collin service area. Mr. Joe Finley made a motion to accept the resolution (Resolution 200208). Mr. Lynn Mosier seconded the motion. The motion carried 51010. 18. Authorizing Mayor and City Administrator to prosecute and/or settle the City's application to amend the City's water and sewer Certificates of Convenience and Necessity. Mayor Ferguson explained that the City needed council authorization to proceed with the efforts to prosecute or settle the issues relating to the City's efforts to secure the water and sewer CCN in the area now served by North Collin WSC. Mr. Lynn Mosier made a motion to approve the resolution (Resolution 2002-09). Mr. Finley seconded the motion, which passed by a vote of 51010. 19. Agreement with Donald E. Paschal, Jr., relation to North Collin WSC — Anna, McKinney, Melissa. CCN case. Mayor Ferguson explained that Don Paschal had been working with Anna and Melissa to try to favorably settle the CCN issues between the cities and North Collin WSC. This agreement would formalize the arrangement with Mr. Pascal. Page 5 City Council Meeting Minutes, March 12, 2002 Mr. Joe Finley trade a motion to approve the agreement Mr. Mosier seconded the motion, which passed by a vote of 51010. 20. Grayson -Collin County Municipal Alliance By -Laws Mayor Ferguson explained that the cities of Melissa, Anna, and: Van Alstyne had a number of mutual interests that were probably best served by some sort of formalizer) working relationship. The mayors of the three cities had been working together in recent months on several of these issues and also had developed a set of by-laws to formalize the relationship. (The by-laws are attached to these Minutes.) Mayor Ferguson asked the council to approve the continued efforts of the cities to work together and to approve the by-laws. Mr. Lynn Mosier made a motion to approve the Grayson -Collin County Municipal Alliance By - Laws. Mr. Finley seconded the motion, which passed by a vote of 5/0/0. 21. Agreement with Donald E. Paschal, Jr., relating to CollinJGrayson County Alliance Consulting Services. Mayor Ferguson explained that Don Paschal had been working with Anna, Van Alstyne, and Melissa to try to secure long-term water and sewer needs for these communities. This agreement would formalize the arrangement with Mr. Pascal and allow him to continue his efforts. Ms. Lisa Copeland made a motion to approve the consulting services agreement with Mr. Paschal. Ms. Brenda Tilley seconded the motion, which passed by a vote of 5/0/0. 22. Resolution suspending the proposed effective date of the proposed rate schedules of TXU Gas distribution. Mr. Lawrence was recognized to say that the proposed resolution would postpone a proposed TXU gas rate increase. This delay would allow cities to analyze the rate request and better respond. TXU representative Kevin Slay advised the council that the rate increase affected over 100 cities in the North Central Texas area. Mr. Lynn Mosier made a motion to approve the resolution (Resolution 2002-10). Ms. Brenda Tilley seconded the motion, which passed by a vote of 510/0. 23. Authorizing a steering committee of affected cities to retain legal counsel and rate case consultants, authorizing the cities to intervene in dockets before the Railroad Commission and suspending the proposed tariff and schedule of rates TXU Gas Distribution Company. Mr. Lawrence advised the council that approval of this action would allow the city to join with numerous other municipalities in the region to collectively address the gas rate issue. The City of Arlington is leading the municipal coalition. Ms. Lisa Copeland made a motion to approve the resolution (Resolution 2002-11). Ms. Brenda Tilley seconded the motion, which passed by a vote of 5/0/0. 24. The City Council recessed into Executive Session under Texas Government Code Sections 551.071 & 551.074 of the Texas Open Meeting Act for the following purpose: Personnel: Interview(s) for position of City Secretary Employee salary review Page 6 City Council Meeting Minutes„ March 12, 2002 The City Council went into executive session at 4:56 p.m. The executive session was concluded at 10.30 p.m. and the council returned to open session. 25. City Secretary Mr. Lynn Mosier made a motion to appoint Ms. Marion A. Howard as City Secretary_ Mr. Joe Finley seconded the motion. The motion carried 31210, with Lisa Copeland and Brenda Tilley voting against the motion. 26. Salary Review for Public Work Employees Mr. Joe Finley made a motion to approve a pay increase for the Public Works employees. Mr. Lynn Mosier seconded the motion. The motion carried 51010. 27. Consider authorizing expenditure of $2,500 to partially fund a study of sanitary sewer collection and treatment services for north central Collin County to be conducted by North Texas Municipal Water District. Mr. Lawrence explained that North Texas MWD desired to conduct a study of sewer collection and treatment services prior to making a commitment to serve the Anna -Melissa -Van Alstyne area, North Texas would fund half the cost of the study and the three cities would share the other half. Mr. Lawrence recommended that the City authorize the amount of $2,500 to pay Anna's share of the cost of the study. Ms. Lisa Copeland made a motion to approve the payment of $2,500 to pay Anna's share of the North Texas MWD study. Mr. Joe Finley seconded the motion, which passed by a vote of 51010. 28. Discussion of issues relating to Anna Raceway and Amusement Park. No action was taken on this item. 24. Consider amending Section 22 of the Zoning Ordinance relating to definition of masonry,. cementatious materials and masonry requirements. At the request of Mr. Lawrence, no action was taken on this item. 30. Minutes Ms. Lisa Copeland made a motion to approve the minutes of February 12, 2002. Mr. Lynn Dhane seconded the motion. The motion was carried 51010. 31. Minutes Ms. Lisa Copeland made a motion to approve the minutes of February 26, 2002. Mr. Joe Finley seconded the motion. The motion carried 51010. 32. Bills Mr. Lynn Mosier made a motion to approve the bills to be paid. Ms. Brenda Tilley seconded the motion. The motion carried 51010. 33. Ordinance calling for an election to adopt a sale and use tax at the rate of one-fourth of one percent for the promotion and development of new and expanded business enterprises. Mr. Joe Finley made a motion to approve the ordinance (Ordinance 2002-03). Mr. Lynn Mosier seconded the motion. The motion carried 51010. 34. Ordinance calling for an election to adopt a sales and use tax in the City of Anna at the rate of one- fourth of one percent to provide revenue for the maintenance and repair of municipal streets. Page 7 35. City Council Meeting Minutes, March 12, 2002 Joe Finley made a motion to adopt the ordinance (Ordinance 2002-04). Ms. Lisa Copeland seconded the motion. The motion carried 51010. Staff Reports — No Items for discussion. 36. There being no f u-ther business the meeting was adjourned at 11:23 p.m. Date