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HomeMy WebLinkAbout2002-10-22 Special Meeting MinutesCity of Anna Minutes City Council Special Meeting October 22, 2002, City Hall The City Council of the City of Anna met in Special Session on October 22, 2002, at the Anna City Hall, 120 W. Fourth Street, Anna, TX 75409 1. 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. Joe Finley, Jr., Mr. John Geren, Mr. Mark Montgomery, and Mr. Lynn Dhane. Mr. Lynn Mosier arrived at 7:45. Also present was as staff support was Mr. Lee Lawrence, City Administrator, and Ms. Mary Jo Babcock, Interim City Secretary. 21. Amicus curiae to SBCCI case. Mr. Eric Weisberg was recognized and provided background to case of Veeck v. SBCCI. The case involves public access to City ordinance and code information. The City of Anna was involved in the original case because a person, Mr. Veeck, attempted to put the Anna Building Code, which was an amended version of the SBCCI code, on the Internet. SBCCI brought suit against Veeck, who has ultimately prevailed in the federal Fifth Circuit Appeals Court. SBCCI and other building code publishers have appealed. Mr. Weisberg requested that Anna consent to continue its involvement as a "friend of the court" in the case. Mr. Weisberg noted that ten states, including Texas, had filed briefs in support of Veeck in this case. Mr. Weisberg noted there was a broad issue involved, that being the effort by an array of interests that are trying to copyright intellectual property, even laws, that he believed should be in the public domain. Mr. Montgomery asked if there had been or was going to be a charge for this involvement. Mr. Weisberg stated that there had not been and there was not going to be any costs to the city for its continued involvement. Mr. Lawrence stated that the council was being asked to pass an ordinance that authorized the continued involvement un the case through the amicus curiae process. Mr. Finley moved that the ordinance authorizing the continued involvement in the case by the City of Anna through the amicus curiae process be approved. Mr. Montgomery seconded the motion, which passed by a vote of 5-0. 3. Financing of chassis for Booster 1 fire truck Mr. David Hunt was recognized to discuss this issue, He noted that the two local banks had submitted identical proposals, which were considerably better deals than were to be provided by Government Capital Corporation. He stated that the First National Bank of Van Alstyne, Anna branch, needed a Certificate of Obligation and other financial information from the City. The cost would be $31,400, which includes a discount because of being sold to a municipality. The vehicle is a Ford 450, 4 -wheel drive, diesel, automatic. The bed can be changed for additional $6,800. The payments would be $8,084.94 .per year, with first payment due on October 11, 2003. The truck would be 10-22-02 Council Minutes.doe Page 1 of 6 10/22/2002 located in Anna. The existing chassis would be used a brush truck. Mr. Hunt indicated that the county run money was being used to pay for the engine. The bingo money and donations would be used to pay for the new chassis. In response to a question from Mr. Mosier, Mr. Hunt said that the cold Chevrolet was in a pasture in Van Alstyne and was not running at the time it was abandoned. The engine was taken out and used by the department. Mr. Mosier suggested that the department take Booster 3 and use it a tanker. Mr. Finley moved that the City purchase the vehicle through the Furst National Bank of Van Alstyne, Anna branch. Mr. Mosier seconded the motion, which passed by a vote of 5-0. 4. Annexation of Solid Ground L. P. 51.7 acre tract on CR 367. Phil Flink of Baker Corporation was recognized to address this item. He noted that the annexation request was being sought so that the property could be developed for single family residential development and that the PZC had recommended approval of annexation and zoning for the property. Mr. Finley moved that the City annex the Solid Ground L. P. 51.7 acre tract. Mr. Mosier seconded the motion, which passed by a vote of 5-0. 5. Zoning of Solid Ground L. P. 51.7 acre tract on CR 367. Phil Flink of Baker Corporation was recognized to address this item. He said that the developer had revised the plat, reducing the number of lots from 220 to 204, with the following lot sizes: 50' width 45% 54' width 11% 55 width 19% 50' width 25% Setbacks are 25' in front, 15' in back; minimum house size is 1,400 square feet_ There will also be a perimeter sidewalk along CR 367. Mr. Flink also stated that there was a parklopen space area located in the project. Mr. Kenneth Pelham was recognized. He stated that the Anna Parks Board had recently met and recommended to the council that a cash amount of five percent of the property value be accepted instead of the land donation for park development because the area being proposed for donation was not suitable for the type of park, recreation, and open space facilities needed in this area and did not comply with the Park Plan of the city. Mr. Flink stated that the developer would not object to the cash instead of land request, if the council so desired. In response to a question from council, Mr. Flink said that there was not a homeowner's association in place for the subdivision. Mr. Finley moved that the zoning as recommended by the Planning & Zoning Commission be approved. Mr. Geren seconded the motion, which passed by a vote of 5-0. 10-22-02 Council Minutes.doc Page 2 of 6 10/2212002 6. Platting of Lakeview Estates (Solid Ground L. P. 51.7 acre tract on CR 367). Mr. Lawrence noted that there were still unresolved issues regarding how the water and sewer services were to be provided to the subdivision. Mr. Flink stated that the developer's engineers and City's consulting engineer were working through those issues and the developer recognized that these were unresolved questions at this time. It was also noted that streets were 31' wide (back to back) concrete curb and gutter streets. Mr. Mosier moved that the preliminary plat as recommended by the Planning and Zoning Commission be approved. Mr. Finley seconded the motion, which passed by a vote of 5-0. 7. Annexation of 35.08 acre tract on W. White Street (FM 455). 8. Zoning of 35.08 acre tract on W. White Street (FM 455). 9. Platting of 35.08 acre tract on W. White Street (FM 455). Mr. Kelly Gomez of Pogue Engineering was recognized to discuss these items. He identified the tract as the 35 acres located just west of Slater Creek on the south side of FM 455. He noted that the Planning and Zoning Commission had requested that the commercial area in the tract be extended across the frontage and that the density of residential development be reduced. He noted that the developer was being required to put in a 24" sewer line along Slater Creek to the wastewater treatment plant. He noted that the PZC wanted a limit of 133 lots. He noted that the project could readily accommodate an additional number of lots because of the depth of the perimeter lots on the original plan. He also noted that the developer requested a modification of the zoning recommendation of the PZC. Lawrence noted that the developer was now requesting 143 lots instead 133 lots as requested by PZC and was now requesting some additional uses that had not been reviewed by PZC or by City staff. The Mayor recommended that the zoning issue be returned to the PZC since there had not been adequate review of the request. In response to questions from Mr. Montgomery, Mr Lawrence stated that the perimeter outlet road issue was difficult to address on this tract because the tract on the east was a very narrow piece that was going to be very difficult to develop for any use and requiring a road into that tract did not appear necessary. On the west side of the subdivision was a road easement providing for access to a subdivision to the south of the 35 acre tract. Providing for an outlet road that runs into a private road easement appears to be a questionable requirement. After considerable discussion of the range of commercial uses being requested, the Mayor again suggested that the issue be returned to the PZC or simply table the item. Mr. Lawrence suggested that if the council wanted to table the item, then items 8 and 9 should be tabled as well since they were all related to the development of the tract. 10-22-02 Council Minutes.doc Page 3 of 6 10122/2002 Mr. Finley moved that items 7, 8, and 9 be tabled. Mr. Mosier seconded the motion, which passed by a vote of 5-0. 10. Annexation of 95.085 acre tract owned by Mr. Soon Ghee, located on CR 367. 11. Zoning of 95.085 acre tract owned by Mr. Soon Chee, located on CR 367. The Mayor noted that he had a letter from Carter & Burgess asking that items 10 and 11 be removed from the agenda. 12. Annexation of 305 acre tract owned by Mr. George F. 'West and Mr. A. L. Geer, located west of Slater Creek between CR 370 and W. White Street (FM 455). 13. Zoning of 305 acre tract owned by Mr. George F. West and Mr. A. L. Geer, located west of Slater Creek between CR 370 and W. White Street (FM 455). The Mayor noted that he had a Fetter from Mr. George West asking that Items 12 and 13 be removed from the agenda. 14. Pecan Grove Facilities Agreement and Meadow Ridge Facilities Agreement. Mr. Lawrence was recognized that the Pecan Grove agreement was virtually identical to previous agreements as reviewed by the council, the only significant exception being that the agreement related only to the 164 units included in the first phase of the project.. The agreement includes an assessment of $1,000 each for water and sewer facility development. In addition, there is a $1001 per lot fire facilities assessment. There is an understanding with the developer that the assessments for future phases will include a thoroughfare development and improvements assessment. Mr. Kevin Spraggins was recognized to discuss the details of how water and sewer facilities would be made available to the Pecan Grove project. Mr. Lawrence noted that the offsite improvements for the project would be quite expensive because of the project location relative to location of existing facilities. Even the provision of road access to the project has the potential to be quite expensive. Mr. Mosier moved that the Mayor be authorized to sign the Pecan Grove Facilities Agreement. Mr. Finley seconded the motion. Mr. Lawrence noted that the agreement would be sent to the City's attorney for review prior to the Mayor signing the agreement. Mr. Lawrence noted that he had been in discussion with the Meadow Ridge Subdivision developer for some time regarding the Facilities Agreement for that subdivision. The language of the proposed agreement is virtually identical to that of the Pecan Grove project, The Meadow Ridge project and the Pecan Grove, Phase 1, are very similar in size. Mr. Montgomery asked about the language regarding thoroughfares. Mr. Lawrence noted that in past projects the developer had been asked to build the outside two lanes of any thoroughfares relating to the project. He noted that the it was his understanding that the City would be using a thoroughfare assessment in future facilities agreements and include thoroughfares in the impact fees to be charged by the city. This would negate the need for the language in the agreements relating to the construction of thoroughfares by the developer and leave thoroughfare construction to the discretion of the city as such construction is needed. Mr. Montgomery moved that the Mayor be authorized to sign the Meadow Ridge Facilities Agreement. Mr. thane seconded the motion, which passed by a vote of 5-0. 10-22-02 Council Minutes.doc Page 4 of 6 1012212002 15. Appointments to Impact Fee Committee. No action was taken on this item. 16. Garage Sale Ordinance. Mr, Montgomery asked about Section 12 relating to signs. According to this language signs would have to be posted only on premises of sale. Mr. Lawrence noted that he did not intend for council to adopt the ordinance as presented and expected that some changes would need to be made. Mr. Montgomery also asked who would be responsible for administration of the ordinance. Mr. Lawrence responded that the permits would be issued through the building permit division. Mr. Montgomery suggested that language be changed to allow off -premises temporary signs. Mr. Lawrence noted that Section 13 could not be enforced as a practical manner until the City has a Code Enforcement Officer. Mr. Mosier said that the provision regarding two sales per year was too restrictive. Mr. Lawrence suggested that a provision allowing one sale every two months might be a reasonable compromise. Mr. Lawrence noted that the penalty for violation of provisions of the ordinance under state law would be a maximum of $500 per violation, with the actual fine to be set by the municipal judge. Mr. Lawrence was directed to make noted changes in the language and put the ordinance into proper form for adoption at the next council meeting. 17. Renewal of contract with SPCA. Mr. Finley moved that the contract with SPCA be renewed. Mr. Mosier seconded the motion, which passed by a vote of 5-0. 18. Executive session. The council recessed into executive session at 9:00 p.m, to consider salary adjustment for City staff members and to consider legal opinion regarding out of city water rate issue. 19. Salary adjustments for City staff members. The council reconvened in open session at 10:05 p.m. Mr. Finley moved that the salary recommendation of the City Administrator be adopted. Mr. Montgomery seconded the motion. The motion passed by a vote of 4-1, with Mr. Mosier opposing the motion. A copy of the adopted recommendations is attached to these Minutes. 20. Out of city water rates. Mr. Mosier moved that this item be tabled. Mr. Dhane seconded the motion, which passed by a vote of 5-0. 21. SBCCI case. This item was considered earlier in the meeting. 22. Impact fees discussion. Mr. Lawrence noted that he had given the councilmembers some information at the most recent meeting that Mr. Tim Morris, the City's consulting engineer, had primarily developed. He urged the members to look at that information because there were 5-6 major projects that were awaiting council direction regarding what the water, sewer, and thoroughfare fees should be. The Morris data suggests that $6,000 - $7,000 per lot 10-22-02 Council Minutes.doc Page 5 of 6 10/22/2002 wouldbe required to finance water, sewer, and thoroughfare improvements needed to serve the new development. He also discussed changes made in impact fee law made by most recent legislature. 23. Assignment of contracts from Southwest Consultants to Preston Lee Lawrence dba Lawrence & Associates. At request of Mr. Lawrence, no action was taken on this item. 24. Minutes of meeting of September 10, 2002. 25. Minutes of meeting of September 17, 2002. 28. Minutes of meeting of October 10, 2002. Mr. Lawrence noted that the Minutes were not ready and no action was taken on these items. 27. Staff reports and items for discussion. Mr. Mosier asked about status of east side street improvements. He noted that there was general dissatisfaction with the work. He encouraged staff to get the company back on the job at the earliest possible date. Mr. Mosier asked about Sherley Street in front of school. Mr. Lawrence responded that there had been consultation with several outside parties with expertise in roadwork. The consensus was that an additional course of oil and chat needed to be put on the street, with a different oil and lesser amount of oil in the mix. The Mayor asked about status of Last Fork line. Mr. Certain responded that the line was live westward to Hurricane Creek. He said that the trackhoe operator had punched a hole in the line which had not been identified until the line was pressurized. That leak had now been repaired and the remainder of the line would be pressurized within the next week or so. In response to a council question, Mr. Lawrence noted that there had been a holdup in finalizing the purchase of the South Grayson line along CR 425. The City was awaiting approval from attorney Art Rodriguez, who was communicating on the matter with South Grayson's attorney in Austin. 28. Adjourn There being no additional business to be discussed, the meeting was adjourned at 10:30 p. M. Ronald R. Ferguson, Ma ATTEST: Wayne E. Cummings, Asst. Administrator/City Secretary 10-22-02 Council Minutes.doc Page 6 of 6 10/22/2002