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HomeMy WebLinkAbout2002-09-10 Regular Meeting MinutesPage I City Council Meeting Minutes, September 10, 2002 Minutes City Council Meeting September 10, 2002 The City Council of the City of Anna met in Regular Session on September 10, 2102, at the Anna City Hall, 101 N. Parkway, Anna, TX 75409 Call to Order Mayor Ron Ferguson called the meeting to order at 7:30 p.m. 2. Roll Call The following members were present and participating: Mayor Ron Ferguson, Mr. Lynn Dhane, Mr. Joe Finley, Jr., Mr. John Geren, Mr. Mark Montgomery, and Mr. Lynn Mosier. Also present was as staff support was Mr. Lee Lawrence, City Administrator. 3. Creekside Status Report Mr. John Aughinbaugh, owner and developer of Creekside Addition, was recognized to discuss status of the subdivision. He noted that the project was quite close to being completed regarding infrastructure improvements and that a builder had been selected. Continental Homes, a division of D. R. Horton Homes, would be the builder. He said that the homes would be neo -traditional, Cape Cod or cottage style homes, with a Hardie Plank exterior. Home prices would probably range from $100,000 to $130,000. 4. Dust on South Interurban Street Mr, Lawrence was recognized to note that although this item had been previously discussed by council there was still apparently some confusion regarding precisely what the staff had been directed to do. He asked that the matter be revisited and the staff be given clear instructions. After some discussion, Mr. Mosier moved that South Interurban from E. White Street to the south city limits be oiled once each month until the road is repaired with an asphalt surface. Mr. Geren seconded the motion, which passed by a vote of 4-0-1, with Mr. Montgomery abstaining. 5. Code Enforcement Mr. Ricky Gillean of 306 E. 8th Street was recognized. He noted that he had given numerous written and verbal complaints to the City regarding code violations in his neighborhood_ He noted that the City had several ordinances that would correct his concerns if the ordinances were enforced. He asked why the City had ordinances that the City was not going to enforce. Mr. Lawrence was recognized to say that the City was having considerable difficulty finding someone to assume code enforcement duties. He had talked to IIANNA I ISharedDocs\Anna MpaKity CouncM20021MInutes\Minutes 09-10-02.doe Page 2 City Council Meeting Minutes, September 10, 2002 one individual who was interested and apparently qualified and had asked that person to submit a resume. No action was taken on this item. 6. Garage sales Mr. Ricky Gillean of 306 E. 8t'' Street was recognized to note that there were some persons in town who were conducting what amounted to almost permanent garage sales. This situation was creating traffic and noise problems and was unfair to legitimate local retailers who were being forced to compete with persons operating out of their home in residential areas with no overhead costs. He asked that the City Council consider passing an ordinance regulating garage sales. After some discussion the council directed Mr. Lawrence to develop a garage sales ordinance and present it to the council at a future meeting. Mayor Ferguson recognized Mr. Maurice Schwanke to provide a status report on the City's Planning/Capacity Building grant project. Mr. Schwanke provided to each councilmember a copy of the draft final document. He briefly reviewed the contents of the document, which included information on the City's water, wastewater, and drainage facilities, as well as a capital improvements program designed to show how these infrastructure needs could be financed. Mr. Schwanke explained that under the City's contract with the state, the report needed to be sent to the Texas Office of Rural Community Affairs for review. Mayor Ferguson stated that he would ask that the report be sent to the state and when approved by the state Mr. Schwanke should come back to the City and make a formal presentation prior to council's final acceptance of the project. 7. Out -of -City water/sewer rates Mr. Mosier asked why the City was charging double rates for out -of -city water customers when the City Council passed an ordinance in September, 1999, setting the rates at 1.5 times the regular in -city rates. Mayor Ferguson explained that the council that had passed the rate reduction in 1999 had either formally or informally decided to keep the rates at twice the regular in -city rates. He said that the City had been involved in a lawsuit with one of the out -of -city property owners over this issue and had prevailed in that suit. He also said that he had advised the council that the decision to lower the rates would adversely affect the City's ability to make bond payments for major water system improvements that the City had recently approved. Mr. Mosier moved that this item be tabled until additional documentation was provided to the council. The motion died for lack of second. AA1JNAI1SharedDcx;s\Anna MgKitr CounciIU0021Minutcs\Minutcs 09-10-02.doc Page 3 City Council Meeting Minutes, September 10, 2002 After considerable discussion. staff was asked to make a thorough review of minutes, ordinances, and records relating to this issue and report to the council at the next meeting, 8. Revision of Budget for FY 2001-02. No action was taken on this item. 9. General Fund 'Budget for FY 2002-03. No action was taken on this item. 10. Utility Fund Budget for FY 2002-03. No action was taken on this item. 11. Ad valorem tax rate for tax year 2002. Mayor Ferguson noted that the City faced numerous financial uncertainties over the next fiscal year and that growth in the community would almost certainly stretch the City's resources to the maximum. He encouraged the council to keep the tax rate at the previous year's rate of $0.58 per $100 valuation. After brief discussion Mr. Finley moved to adopt a rate of $0.58 per $100 valuation. Mr. Montgomery seconded the motion, which passed by a vote of 5-0- 1Z TCDP grant application, 2003-2004. Mr. Lawrence was recognized to discuss this item. He noted that the City was eligible for assistance through the Texas Community Development Program's Community Development Fund. He presented a Resolution that authorized submission of an application for assistance related to the construction of a new wastewater treatment plant. He noted that the application would have to be submitted to the state prior to the end of the month. Mr, Montgomery moved that the Resolution be approved. Mr. Finley seconded the motion, which passed by a vote of 5-0. A copy of the Resolution is attached to and made part of these minutes. 13. Local match for TCDP grant application, 2003-2004. Mr. Lawrence was recognized to note that the grant application required a local match requirement, which was detailed by Resolution. Mr. Finley moved that the Resolution identifying and making a commitment to the local match for the 2003-2004 TCDP grant application be approved Mr. Montgomery seconded the motion, which passed by a vote of 5-0. A copy of the Resolution is attached and made part of these minutes. 11ANNAI\Sharedf]ocslAnna Mgt\City Counci112002WinuteslNtinutes 09-10-02.doc Page 4 City Council Meeting Minutes, September 10, 2002 14. Annexation of 350 acre tract on CR 366. Mr. Dick Skorburg and Mr. Kevin Spraggins of the Skorburg Company were recognized to discuss this item. They explained that they intended to develop a mixed use, primarily single family residential development on land located along the city's southern boundary, along CR 366 and primarily east of Throckrnorton Creek. The 'Planning and Zoning Commission recommended that the annexation petition be approved. Mr. Lawrence noted that the original request of 350 acres included a 40 acre tract on the east side of S. H. 5 that the owner had asked that the 40 acre tract be removed from annexation consideration. Mr. Finley moved that the annexation ordinance annexing the approximately 310 acre tract be approved. Mr. Geren seconded the motion, which passed by a vote of 5-0. 15. Zoning of 310 acre tract on CR 366. Mr. Dick Skorburg and Mr. Kevin Spraggins of the Skorburg Company were recognized to discuss this item. #n response to council questions, Mr. Skorburg indicated that he was open to the City's desires regarding how to handle park development. He noted that he would be willing to donate land to the City for park development or if the City desired he would hold the park and open space land for park development as a responsibility of the Homeowner's Association or perhaps a combination of the two approaches. Mr. Spraggins described the details of the Planned Development zoning ordinance as requested by the developer. He explained that the proposed zoning included all the property annexed under item 14 of this agenda except the 40 acre tract at the northeast comer of State Highway 5 and CR 366. The zoning is a mix of single family residential lot sizes, a small pocket of multifamily zoning at the west edge of the property, and a small amount of commercial frontage along CR 366. Mr. Montgomery asked about the divergences from the City's existing ordinance relative to the requested PD ordinance. Mr. Lawrence responded that the front yard, side, and back yard setbacks being requested were slightly smaller than the requirements in the existing ordinance. Mr. Skorburg noted that requested setbacks are very common and the more critical issue is the overall concept of the subdivision, rather than the specific setbacks. The Planning and Zoning Commission recommended that the zoning request be approved per the proposed ordinance. Mr. Finley moved that the zoning ordinance be approved. Mr. Geren seconded the motion. which passed by a vote of 5-0. (The ordinance as approved is attached to these minutes.) 1\ANN I4 SharedUocs',Anna h gXity Counci1L0021MinuteslMinutes 09-10-02.doc: Page 5 16. Preliminary plat of The Crossing. City Council Meeting Minutes, September 10, 2002 Mr. Randy Helmberger of Helmberger Associates; representing Mr. David Powell, was recognized. Mr. Helmberger noted that the plat would divide the 88 acre tract into one acre lots. Streets would be concrete, with open ditches. Water would be provided by North Collin Water Supply Corporation. Mr. Lawrence said that the City's consulting engineer had advised the City that the developer had not provided a satisfactory answer to questions regarding water supply for the project. He noted that approval of the plat would require granting a variance from the concrete curb and gutter street requirement and would leave open the water supply issue. He noted that the Planning and Zoning Commission had recommended approval of the plat. A lengthy discussion focusing primarily on the issue of open ditches and the importance ensued. Mr. Mosier moved that the plat be denied without prejudice. Mr_ Finley seconded the motion, which passed by a vote of 5-0- 17. Final plat of Carleo Addition. Mr. Lawrence was recognized to note that the project met City subdivision requirements, excepting the perimeter road improvement requirement. The developer intends to provide project access via E. White Street, rather than CR 386, and is willing to sign an agreement with the City to pay for his appropriate share of the cost of improving CR 386 when the property on the west side of CR 386 is developed and that property owner also pays an appropriate share of the cost and the road can then be constructed. Mayor Ferguson expressed concern about the appearance of the project in an area that is basically an entryway into the city. The Planning and Zoning Commission recommended approval of the plat. Mir. Mosier moved that the plat be accepted. Mr. Finley seconded the motion, which passed by a vote of 5-0. 18, Site Plan, Carlen Addition. Mr. Lawrence noted that the Site Plan was not ready for final consideration by the City and recommended that action be tabled. Mr. Finley moved that consideration of the Site Plan for development in the Carleo Addition be tabled. Mr. Dhane seconded the motion, which passed unanimously. 19. Annexation of 51.7 acre Solid Ground L. P. tract. Mr. Lawrence was recognized to note that the property owner had requested that action on this item be tabled pending agreement on zoning of the tract. Mr. Lawrence recommended tabling the item. Mr. Mosier moved that the item be tabled; Mr. Finley seconded the motion, which passed by a vote of 5-0. 20. Inclusion of thoroughfares in impact fee study. Mr. Lawrence was recognized to note that the City was having very considerable difficulty with the subdivision ordinance provisions relating to perimeter street liANNA11SharedDDocs\Anna Mgt\City CounciQ002410inutesWinutes 09.10-02.doe Page 6 City Council Meeting Minutes, September 10, 2002 improvements, especially for thoroughfare streets. He said that after lengthy discussions with the City's consulting engineer and with Mr. Maurice Schwanke, the City's planning consultant, he was suggesting that the City include thoroughfares in the City's impact fee study. Water and sewer improvements are now the only items in the study. Mr. Mosier moved that thoroughfares be included in the impact fee study. Mr. Finley seconded the motion; which passed by a vote of 5-0.. 21. Collin County participation in improvements to Cly 370 and CR 366. Mr. Lawrence was recognized to note that the City had received requests from property owners that the City ask Collin County to participate in making improvements to CR 370 and CR 366 to provide access to property that is being developed along these roadways. Mr. Lawrence also noted that the Anna ISD Superintendent had indicated that the district probably had some serious concerns about putting the extension/new route of CR 370 on the south side of the high school property. Supt. Wardell was asked what objection the school had to the south route. Dr. Wardell responded that the north route probably suited the district's needs better and also the south route involved more school property. Dr. Wardell noted that the district might alter its position if given more time to review the options. After brief discussion, Mr. Finley moved that the staff contact Collin County officials and request that CR 370 and CR 366 be included in the county's road improvement plan at the earliest possible date. Mr. Montgomery seconded the motion, which passed by a vote of 5-0. 22. Minutes of meeting of August 13, 2002. Mr. Lawrence was recognized to say that the Minutes of this meeting were not ready for consideration. Mr. Mosier moved that action be tabled on this item. Mr. Finley seconded the motion. which passed by a vote of 5-0. 23. Minutes of meeting of August 20, 2002. Mr. Lawrence was recognized to say that the Minutes of this meeting were not ready for consideration. Mr. Mosier moved that action be tabled on this item. Mr. Finley seconded the motion, which passed by a vote of 5-0. Prior to consideration of bills, Mr. Mosier asked that the council consider the reports that the volunteer fire department leadership had developed for presentation to the council. Mr. Finley noted that the department members and their families had completed a major cleanup and improvement to the building and furnishings at the department. Mr. David Hunt of the Anna Volunteer Fire Department made a presentation regarding financial status, number of volunteers, volunteer hours, grant applications. and a variety of other matters involving the department. Mr. Hunt asked about what the City needed regarding hours being worked by volunteers. Mr. Lawrence and Mr. Mosier noted that all time being worked by volunteers, including time taking care of equipment and building, should be included in reports. Council members commended Mr. Hunt and the other volunteers \\ANNA I\SharedDocslAnna MgtlCit�- Counci1120021Minutes\Minutcs 09-10-02.doe Page 7 City Council Meeting Minutes, September 10, 2002 for their recent work in cleaning and repairing the department's building and equipment and for providing the documentation that had been requested by council. 24. Approval of bills. A lengthy discussion relating to the payment for road reconstruction work. Several council members expressed concern regarding the quality of the work done to date. Mr. Lawrence indicated that extensive testing and monitoring of the road work had been conducted. including several other density tests. He noted that all tests showed that the road base met and in fact exceeded project specifications. He said that he understood the concerns of council members and citizens but he had no objective rationale for not paying the contractor. He said that the problem with the road appeared to be the oil base used on the road. Both the amount of oil and the type of oil appears to have contributed to the problems with the road. There are ,places that need to be "fixed" and re -worked but there appears to be no basis for withholding payment. Mr. Montgomery moved that bills as presented by authorized for payment. Mr. Finley seconded the motion, which passed by a vote of 5-0- 25. Staff reports. There were no additional staff reports presented. The meeting was adjourned at 11 :05 p.m. \\ ANNA I\SharedDocs%Anna Mgt\City Council\20021MinutesWinutes 01-10-02.doc