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2002-11-12 Regular Meeting Minutes
Page 1 City Council Meeting Minutes, November 12, 2002 Minutes City Council Meeting November 12, 2002 The City Council of the City of Anna met in Regular Session on November 12, 2002, 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 fallowing members were present and participating: Mayor Ron Ferguson, Mr. Lynn Dhane, Mr. Joe Finley, Jr., Mr. John Geren, and Mr. Mark Montgomery. Mr. Lynn Mosier was absent. Also present was as staff support was Mr. Lee Lawrence, City Administrator and Wayne Cummings, Asst, Administrator/City Secretary. 3. Public comments: The Anna Volunteer Fire Department activity report was presented to the City Council. Mr. John Rattan advised the council that Anna did not have any thoroughfares included in the Collin County plan and explained current projects in the Collin County Street Bond. Ms. Kathryn Jones presented a request to repair Edwards and Riggins Streets considering their condition. Ms Jones expressed concern about trash on the east and west sides of railroad tracks. Ms. Jones request that the right-of-way be mowed more often and tree limbs be picked up. Ms. Jones requested that the Street Lights be repaired on her street. Ms Amy Burk presented a petition to the council from residents of Oak Hollow Subdivision requesting that the speed limit in the subdivision be set at 20 miles per hour and speed zone signs be installed. They feel that 30 miles per hour is too fast. Request for a Deaf Child at Play sign be placed on White Oak street. They also request that more police presence be provided for the entire city from the appropriate agency 4 Consider presentation regarding Community Development Plan and action to accept said Plan under terms of contract between City and Texas Office of Rural Community Affairs and contract between City and Southwest Consultants. Maurice Schwankie presented volume 2 of the Community Development Plan and answered questions from the council. Motion by Mr. Joe Finley to accept the plan under the terms of the contract between the City and the Texas Office of Rural affairs and contract between the Cith and Southwest Consultants with a second by Mark Montgomery, 4 Aye 0 Nay 0 Abstain Unanimous Motion Carried. 5. Public Hearing: Petition by Mr. Clarence Richardson for change in zoning of 2.5 acres located in G. Stark Survey, A-0798, Block 1, Tract 41 and Tract 36 (916 — 920 S. Interurban Street), from Single Family -1 (R-1) to Duplex (R-2). The hearing was opened at 8:20 P.M. The Mayor expressed concern about the change not being in conformity with the land use plan and the roadway bordering Minutes 11-12-02.dac Page 1 of 5 Fzive 2 City Council Meeting Minutes, November 12. 2002 the property is a type E unimproved roadway without improvements. There were no comments from the public. The public hearing was closed at 8:25 P.M. 6. Consider recommendation regarding petition by Mr. Clarence Richardson for change in zoning of 2.5 acre tract located in G. Stark Survey, A-0798, Block 1, Tract 41 and Tract 36 (916 — 920 S. Interurban Street), from Single Family -1 (R- 1) to duplex (R-2). Mr. Joe Finley moved to table this item since the owner was not present. Mr. Finley withdrew his motion to table. Mr. Mark Montgomery moved to adopt an ordinance changing the zoning as requested by the owner. Second by Joe Finley. 4 Aye 0 Nay 0 Abstain Unanimous Motion Carried. Y. Consider action on PZC recommendation regarding annexation request by Mr. Mark Johns for 35.08 acre tract on W. White Street (FM 455). Mr. Mark Montgomery moved to adopt an ordinance annexing the property. Second by Mr. Joe Finley. 4 Aye 0 Nay 0 Abstain Unanimous Motion Carried. 8 Public Hearing: Petition by Mr. Mark Johns for zoning of 35.08 acres located in Joseph Schluter Survey, A-0855 (on south side of W. White Street approximately 1,000 feet west of Siayter Creek) to Planned Development (Single Family Residential and Commercial). Mayor opened the public hearing at 8:33 P.M. No comment from Public. hearing was closed at 8:43 P.M. 9. Consider action on PZC recommendation regarding zoning request by Mark Johns for 35.08 acre tract located in Joseph Schluter Survey, A-0856 (on south side of W. White Street approximately 1,000 feet west of Slayter Creek) to Planned Development (Single Family Residential and Commercial). Mr. Joe Finley made a motion to adopt an ordinance approving the Planned Development with commercial owners to maintain the fence between the commercial and residential properties. Second by Lynn Dhane. 4 Aye 0 Nay 0 Abstain Unanimous Motion Carried. 10 Consider action on preliminary plat for Westfield Addition. Mr. Mark made a motion to approve the preliminary plat with one variance. Second by Lynn Dhane. 4 Aye 0 Nay 0 Abstain Unanimous Motion Carried. 11. Consider PZC recommendation regarding annexation of 96.085 acre tract owned by Soon Chee. Mr. Mark Montgomery moved to adopt an ordinance annexing the property. Second by Mr. Joe Finley. 4 Aye 0 Nay 0 Abstain Unanimous Motion Carried 12, Public Hearing: Petition by Mr. Soon Chee for zoning of 96,085 acre tract located in Thomas Rattan Survey, A-0782 and Henry Smith Survey, A-0823 (on Minutes 11-12-02.doc Page 2 of 5 Page 3 City Council Meeting Minutes, November 12, 2002 north side of CR 367 adjacent to and east of Thrcckmorton Creek) to Planned Development (Single Family Residential). Mayor called public hearing into session at 8:59 P -M. Developer presented requested items in the Plan Development. The council asks several questions of the developer. No comments from the public. The Mayor closed the public hearing at 9:27 P.M. 13. Consider PZC recommendation regarding petition by Mr, Soon Chee for zoning of 96.085 acre tract located in Thomas Rattan Survey, A-0782 and Henry Smith Survey, A-0823 (on north side of CR 357 adjacent to and east of Throckmorton Creek) to Punned Development (Single Family Residential). There was considerable discussion about standards for city and changes that needed to be made in the Plan Development Ordinance including streets, lot sizes, etc. Mr. Mark. Montgomery moved to table the ordinance for revisions. Second by John Geren. 4 Aye 0 play 0 Abstain Unanimous Motion Carried 14. Consider recommendation regarding preliminary plat for 114.252 acre Bradley tract, located near northwest corner of FM 455 (W. White Street) and U. S. Highway 75 (S. Central Expressway). The Mayor expressed concern about the roadways that would tie into other development in the area and request that a Traffic Engineer look at the Subdivision street plan and make suggestions to the Council. After considerable discussion about the roadways the developer requested that the plat be tabled so a Traffic Engineer can look at the street problem. Mr. Joe Finley moved to table the plat until the traffic analysis is completed at the request of the developer. Mr. Lynn Dhane seconded the motion. 4 Aye 0 Nay 0 Abstain Unanimous Motion Carried 15. Consider recommendation regarding zoning request by Dr. William Weaver for 344.33 acre tract located J M Kincaid Survey, A-509, Joseph Boyle Survey, A- 105, and John Coffman Survey, A-197. The developer presented the zoning plan to the council and considering the tabling prior items requested that the item be tabled. Mr. Mark Montgomery moved to table the zoning request.. Joe Finley seconded the motion - 4 Aye 0 Nay 0 Abstain Unanimous Motion Carried 16. Consider annexation petition of Mr. Tommy Tompkins for 57 acre tract located on W. White Street (north side of W. White adjacent to and west of Slayter Creek), Developer's Engineer presented information on the development of the property Mr Joe Finley moved to send the annexation back to Planning and Zoning. Mr. Lynn Dhane seconded the motion. 4 Aye 0 Nay 0 Abstain Unanimous Motion Carried 17. Consider recommendation regarding preliminary plat for Anna 57 Acre West Tract, The Developer and Engineer requested that this item be sent back to the Planning and Zoning Commission since the annexation was sent back to Planning and Zoning Commission. Mr. Joe Finley moved to send the preliminary Minutes 11-12-12.doc Page 3 of 5 Page 4 City Council Meeting Minutes, Novetiftr 12. 2002 plat back to the Planning & Zoning Commission at the request of the Developer. Mr. Lynn Dhane seconded the motion.. 4 Aye 0 Nay 0 Abstain Unanimous Motion Carried 18 Consider recommendation regarding final plat for The Falls, Phase 1 B. The Developer Engineer presented the plat to the Council pointing out the Planning and Zoning Commission recommended approval Unanimously. Mr, Lee Lawrence requested that the drainage plan be on the construction plans. Mr. Joe Finley moved to approve the final plat. Mr. John Geren seconded the motion. 3 Aye 1 Nay (Mark Montgomery) 0 Abstain Majority Aye Motion Carried 20. Consider action on Compromise, Settlement, and Release Agreement between City of Anna and TXU Electric and TXU Gas. Mayor moved items 20 to 22 up on agenda. Mr. Kevin Slay with TXU explained the settlement and release agreement and request the council to approve the settlement. Mr. Joe Finley moved to approve the settlement agreement and accept the settlement funds. Mr. Mark Montgomery seconded the Motion 4 Aye 0 Nay 0 Abstain Unanimous Motion Carried 21. Consider action on Ordinance Amending Gas Franchise between City of Anna and TXU Gas Company, Mr. Joe Finley moved to adopt an ordinance amending the Gas Franchise Ordinance. Mr. Mark Montgomery seconded the Motion - 4 Aye 0 Nay 0 Abstain Unanimous Motion Carried 22. Consider action on Ordinance Amending Electric Franchise between City of Anna and ©ncor Electric Delivery Company. Mr. Joe Finley moved to adopt an ordinance amending the Electric Franchise Ordinance. Mr. Mark Montgomery seconded the Motion. 4 Aye 0 Nay 0 Abstain Unanimous Motion Carried 19. Consider action on Garage Sale Ordinance. Mr. Mark Montgomery moved to adopt the Garage Sale Ordinance with three changes. Under Section 2A remove the statement "shall be posted only on the premises at which said sale is held an", under section 8 change the number of times per callender year that a permit may be issued to four, and under section six lower the number of days for per event to three. Mr. Lynn Dhane seconded the motion 4 Aye 0 'Nay 0 Abstain Unanimous Motion Carried 23. Consider action on appointments to Anna Park Board. Mr. Joe Finley moved to appoint Ty Chapman, Randall Will and Beverly White to the Park Board. Mr. Lynn Dhane seconded the Motion. d Aye 0 Nay 0 Abstain Unanimous Motion Carried 24. Consider and take action as desired on out of City water rate policy. Minutes 11-12-02.doc Page 4 of 5 Cite Council Mecting Minutes, November 12, 2002 Mr. John Geren moved to table action on the out of City water rate policy. Mr. Jae Finley seconded the motion. 4 Aye 0 Nay 0 Abstain Unanimous Motion Carried 25. Consider action to authorize payment for engineering expenses relating to GTUA-Sherman surface water pipeline. There was no new information available on the GTUA water project. Mr. Joe Finley moved to table the item. Second by Lynn ©have 4 Aye 0 Nay 0 Abstain Unanimous Motion Carried 26-29 Approval of Minutes for 09/10102, 09/14102, 10110102, and 10/22102. Lee Lawrence suggested tabling the minutes to give members time to review them. Mr. Joe Finley moved to table the approval of the minutes. Mr. Lynn Dhane seconded the motion. 4 Aye 0 Nay 0 Abstain Unanimous Motion Carried 30. Approval of bills. Mr. Mark Montgomery moved to approve the bills for payment. Mr. Joe Finley seconded the motion. 4 Aye 0 Nay 0 Abstain Unanimous Motion Carried 31. Staff reports. The meeting was adjourned at 11:43 p.m. ATTEST: Wayne Cummings, Asst. Administrator/City Secretary Minutes 11-12-02.doc Page 5 of 5