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HomeMy WebLinkAbout2003-01-14 Regular Meeting MinutesCITY OF ANNA MINUTES REGULAR CITY COUNCIL MEETING JANUARY 14, 2003, CITY HALL The City Council of the City of Anna met in Regular Session at 7:30 p.m., Tuesday, January 14, 2003, at the Anna City Hall, 101 N. Powell Parkway, to consider the following items: I. Call to Order. The meeting was called to order at 7:30 P.M. 2. Roll Call and Establishment of Quorum. The following members were present and participating: Mayor Ron Ferguson, Mayor Pro -Tern Mark Montgomery, Councilman J. W. Finley, Jr., Councilman Lynn Dhane, and Councilman Lynn Mosier -(arrived at 7:40 after item 6), Absent from the meeting: Councilman John Geren 3. Consider citizen comments and presentations. John Hendricks advised his yard and driveway needed to be repaired in a timely fashion after the city crew worked on a line. 4. Staff reports and items for discussion. None Public Hearing: Petition by Clyde R. Askew and Dorothy Askew to annex 39.9944 acre tract in the Grandison Stark Survey, Abstract No. 79$. Mayor opened the public hearing at 7:35 p.m. No comments from the public. Hearing was closed at 7:37 p.m. 6. Public Hearing: Petition by Tommy Tompkins to annex 24.69 acre tract in the J. C. Farris Survey, Abstract No. 331. Mayor opened the public hearing at 7:37 p.m. Mr. Tompkins requested the annexation with no other comment from the public. Hearing was closed at 7:38 p.m. Councilman Mosier arrived at the meeting at 7:40 p.m. 7. Consider recommendation regarding the submission of an application to the Texas Parks & Wildlife Department for financial assistance to develop/construct park, recreation, and open space facilities. 01-14-03 Council Minutes-Regular.doc Fuge 1 of 6 01/1412003 The Parks Board and Planning & Zoning commission requested the council to approve the application to Texas Parks and Wildlife department for a community parks facility. Councilman Finley moved to approve the application for the park grant. Councilman Mosier seconded the motion. 4 Aye 0 Nay 0 Abstain Unanimous Motion Carried 8. Consider ordinance revising Planned Development zoning of Block A of Westfield Addition. The amendment changes the maximum building size from 5,000 SY to a maximum size 15,000 S.F. to turn the building to run east and west and add other shops to the building instead of building two separate buildings. Mayor Pro -Tem Montgomery moved to approve the ordinance revising the Planned Development us to a maximum of 15,000 S.F. building. Councilman Mosier seconded the motion. 4 Aye 0 Nay 0 Abstain Unanimous Motion Carried 9. Consider recommendation of Planning and Zoning Commission regarding re -plat of Westfield Addition, Block A. This is the final plat of Westfield Addition, Block A. Administrator Lawrence recommended the easement bordering FM 455 be changed from an easement to a land dedication as an open space or common area. The property owner had no problem with changing the easement to a dedication. Councilman Finley moved to approve the plat with the change of the easement bordering 455 to a dedication to the City. Councilman Mosier seconded the motion. 4 Aye 0 Nay 0 Abstain Unanimous Motion Carried 10. Consider recommendation of Planning and Zoning Commission regarding site plan for Westfield Addition, Block A. Councilman Finley moved to approve the site plan for the Westfield Addition, Block A. Councilman Mosier seconded the motion. 4 Aye 0 Nay 0 Abstain Unanimous Motion Carried 11. Consider recommendation of Planning and Zoning Commission regarding final plat of Creekside Addition, Phase 2. The developer requested a commitment for capacity availability of utilities for the Phase 2 of Creekside. Councilman Finley moved to approve the final plat of Creekside Addition, Phase 2. Councilman Mosier seconded the motion. 01-14-03 Council Minutes-Regular.doc Page 2 of 6 0111412003 4 Aye 0 Nay 0 Abstain Unanimous Motion Carried 12. Consider recommendation of Planning and Zoning Commission regarding annexation of a 57.23 acre tract in the J. C. Farris Survey, Abstract No. 331, Collin County Texas, owner represented by Tommy Tompkins, located on the north side of W. 'White Street on the west side of Slater Creels.. Mayor Pro -Tem Montgomery moved to approve the annexation ordinance on the 57.23 acres tract in the J.C. Farris Survey, Abstract No. 331 represented by Tommy Tompkins. Councilman Finley seconded the motion. 4 Aye 0 Nay 0 Abstain Unanimous Motion Carried 13. Consider ordinance regarding petition to zone as Planned Development (Single Family Residential and Commercial C-1) a 57.23 acre tract in the J. C. Farris Survey, Abstract No. 331, Collin County Texas, owner represented by Tommy Tompkins, located on the north side of W. White Street on the west side of Slater Creek. Mayor Ferguson suggested the council needs to increase the requirements for development and stop using Planned Developments for every subdivision. The P & Z originally did not recommend against using the cement fiber to meet the masonry requirements. Mayor Pro -Tem Montgomery moved to approve the ordinance regarding residential zoning as recommended by the Planning and Zoning Commission including a front setback of .25 feet, side setback on corner lots of 15 feet, and to allow the cement fiber siding to be used to meet the masonry requirements. If any structure uses brick or stone as masonry, the first floor of the corner lots will be 100% brick or stone on the front and corner side and to wrap the corner of the inside a minimum or two feet and other lots front brick or stone with the two foot wrap on each side. Approve the commercial portion of the property as C-1 Zoning. Councilman Mosier seconded the motion. 4 Aye 0 Nay 0 Abstain Unanimous Motion Carried 14. Consider recommendation of Planning and Zoning Commission regarding preliminary plat of a 57.23 acre tract in the J. C. Farris Survey, Abstract No. 331, Collin County Texas, owner represented by Tommy Tompkins, located on the north side of W. White Street on the west side of Slater Creek. It was recommended the easement bordering 455 be dedicated as open space or common area instead on an easement. The Mayor reminded the council that the development was well over the recommended 3.5 lots per acre and the street widths are too narrow. The traffic engineer has not had enough time to provide a written recommendation to the council. Councilman Finley moved to table action on this item until the meeting on January 281" so the traffic engineer has time to provide a written recommendation to the council. Councilman Moser seconded the motion. 4 Aye 0 Nay 0 Abstain Unanimous Motion Carried 01-14-03 Council Minutes-Regular.doc Page 3 of 6 01/14/2003 15. Reconsider action regarding Facilities Agreement for 57 acre tract, located on W. White Street and 25 acre tract, located on W. White Street, owner(s) represented by Mr. Tommy Tompkins. At the recommendation of the City Attorney there was no action on this item. 16. Reconsider action regarding Facilities Agreement for Bradley -Weaver tract on W. White Street, owner(s) represented by Mr. Don Collins. Don. Collins suggested there be discussions between him, the Mayor and the City Administrator. Councilman Mosier moved to authorize the Mayor and City Administrator to negotiate with Don Collins on the facilities agement for the Bradley -Weaver tract. Councilman Finley seconded the motion. 4 Aye 0 Nay 0 Abstain Unanimous Motion Carried 17. Consider authorizing Mayor to execute contract for depository services for City of Anna. The Mayor advised the council that he served on the advisory board of one of the banks and recluse himself from discussion on this item. Mayor Pro -Tem Montgomery took the chair of the meeting for this item. Administrator Lawrence stated that after looking at both and the Independent Bank bid appears to be the best overall bid. A representative of both banks presented information about their bids. Councilman Mosier moved to approve the Independent Bank bid and authorize the Mayor to execute a three year contract for the Anna Depository. Mayor Pro -Tem Montgomery seconded the motion. 2 Aye 0 Nay 2 Abstain (Finley & Dhane) Motion Carried 18.. Consider ordinance regarding adoption of Texas Municipal Retirement System. There was considerable discussion about the contribution percentages from 5% to 7% and match rates from 1:1 to 2:1. Councilman Mosier moved to adopt an ordinance joining the Texas Municipal Retirement System with employees contributions of 5% of gross wages with the City matching the employee contributions at retirement at a 1:1 ratio and approving 100% prior service credit for current employees with a suggestion to review the contributions and match ratios each year. Councilman Finley seconded the motion. 4 Aye 0 Nay 0 Abstain Unanimous Motion Carried 19. Consider action regarding health insurance proposal by Texas Municipal League. The proposal was not available for consideration. Councilman Mosier moved to table the item. Councilman Dhane seconded the motion. 01-14-03 Council Minutes-Regular.doc Page 4 of 6 01/14/2003 4 Aye 0 Nay 0 Abstain Unanimous Motion Carried 20. Consider action creating position of Building Official/Code Enforcement Officer. The council discussed the position and considering the drop off in building permits in the last three quarters the council decided to wait three months and reconsider creating the position at that time. No action was taken by the Council. 21. Consider action authorizing advertising to fill position of Building Official/Code Enforcement Officer. The Council took no action on this item. 22. Consider resolution accepting as complete the contract with Sanford Electric Company for installation of electrical and control systems for the Anna 2002 waterworks project. Mayor Pro -Tem Montgomery moved to approve the resolution. Councilman Finley seconded the motion. 3 Aye 0 Nay 1 Abstain (Mosier our of room) Motion Carried 23. Consider resolution relating to the City's ability to perform certain wastewater management activities. Mayor Fro -'Fern Montgomery moved to approve the resolution. Councilman Dhane seconded the motion.. 4 Aye 0 Nay 0 Abstain Unanimous Motion Carried 24. Consider recommendation of Public Works Director regarding revisions of Personnel Policies Manual. The Public Works director request that persons on call on weekends be paid an additional $25.00 per day in addition to overtime worked. The employees need to come out on Saturday and Sunday at least two hours to clean the bar screen and read the wells. The consensus of the council was to pay them overtime but not to pay the additional $25.00. The other issue is the Fair Labor Standards Act does not require cities to pay overtime to employees until they actually work over 40 hours. When employees have a holiday, take vacation or sick time then work additional hours until the actual work time exceeds 40 hours worked the FLSA does not require overtime at 1 % times regular pay. Administrator Lawrence advised the council that unless the Council Passes a ordinance or resolution the current personnel policies state to follow the FLSA policies with the exception in the personnel manual that the overtime worked on holidays is paid at 1 1/2 times regular pay. The suggestions of the council were to put something in writing for them to look at with an exception for holidays but not other leave types like sick time, vacation, or personal leave. 01-14-03 Council Minutes-Regular.doc Page 5 of 6 01/14/2003 Councilman Finley moved to table the item until the next council meeting. Mayor Pro - Tem Montgomery seconded the motion. 4 Aye 0 Nay 0 Abstain Unanimous Motion Carried 25. Consider adoption and use of insignia for City facilities, vehicles, and equipment. Mayor Pro -Tem Montgomery moved to adopt an insignia with a large A in the center of a circle with the City of Anna in a smaller circle around the large A with the bottom area of the small circle to be used to insert the departments or Texas. Councilman Finley seconded the motion. 4 Aye 0 Nay 0 Abstain Unanimous Motion Carried 26. Consider approval of Minutes of meetings of October 22, 2002, December 17, 2002, December 30, 2002, and January 2, 2003. Councilman Finley moved to approve the minutes as read. Councilman Dhane seconded the motion. 4 Aye 0 Nay 0 Abstain Unanimous Motion Carried 27. Payment of Bills and Financial Report. Councilman Mosier moved to approve the bills for payment. Councilman Finley seconded the motion. 4 Aye 0 Nay 0 Abstain Unanimous Motion Carried 28. Adjourn. Mayor adjourned the meeting at 10:50 P.M. Ronald R. Ferguson, Mayu ATTEST: Wayne E. Cummings, City Secretary 01-14-03 Council Minutes-Regular.doc 'Page 6 of 6 01/1412003