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Home My WebLink About2003-04-08 Regular Meeting MinutesCITY OF ANNA MINUTES REGULAR CITY COUNCIL MEETING APRIL S, 2003 7:30 PM, CITY HALL The City Council of the City of Anna met in Regular Session at 7:30 p.m., Friday, April 8, 2403, at the Anna City Hall, 101 N. Powell Parkway, and considered the following items: 1. 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 -Tem Mark Montgomery, Councilman J. W. Finley, Jr., Councilman John Geren and Councilman Lynn Mosier. The following members were absent at call to order but were present during all votes: Councilman Lynn Dhane arrived at 7:36, and Mayor Pro -Tem Mark Montgomery arrived at 7:40. 3. Staff reports and items for discussion. Administrator Lawrence advised the council that court has ruled that 8 -liners are gambling devices and therefore illegal. 4. Presentation of 2001-2002 City Audit by Gregg and Co. (Rod Abbott) and consideration of approval of audit. Rod Abbott with Gregg and Company CFA presented information from the prior year audit. He also made some recommendations to document procedures for handling deposits. The audit was given an unqualified opinion which is the best opining from auditors. The item will be on the next agenda for approval. S.. Presentation by Mr. Alvin Jenkins regarding issuance of permits in wrong zone and consideration of actions pursuant to presentation by Mr. Jenkins. Mr. Jenkins was not present. Administrator advised the council the city is ready to send out the notices for the new zoning ordinance. The council recommended to start the process 6. Consider recommendation of City's consulting engineer regarding award of contract for construction of wastewater treatment plant. 04-08-03 Council Minutes-Regular.doc Rage 1 of 6 0410812003 Tim Morris, City Engineer, presented information about the bids received on February 18, 2003. The three lowest bids were $1,350,000.00 from Gracon Construction, Inc., $1,485,000.00 from Environmental Infrastructure Grp., and $1,527,000.00 from Control Specialist. The City Engineer advised he had researched the history of Gracon and was satisfied with his finding and recommended the low bid of $1,350,000.00 from Gracon Construction, Inc. Councilman Mosier moved to accept the lowest bid from Gracon Construction, Inc., and authorize the Mayor to sign the Contract. Councilman Finley seconded the motion. 5 Aye 0 Nay 0 Abstain Unanimous Motion Carried 7. Consider presentation of City's consulting engineer regarding additional water well and consideration of action(s) authorizing development of plans and specifications for additional water well. Tim Morris, City Engineer, presented information to the council about the capacity of the current water system and the need for another well. He recommended to the council to drill another well at the site of the north well. The current well is in the Trinity Aquifer and the proposed well will be in the Woodbine Aquifer. The project would include a 1,000 foot deep well, 300,000 gallon ground storage tank and two 650 gpm booster pumps. Mayor Pro -Tern Montgomery moved to authorize the development of plans and specifications for the additional well. Councilman Dhane seconded the motion. 4 Aye 0 Nay 0 Abstain Unanimous Motion Carried (Mosier out of room) 8. Consideration of recommendation of Park Board and Planning and Zoning Commission regarding park assessment for Willow Creek 'Subdivision. The Park Board and Planning & Zoning Commission both met last week and reconsidered their recommendation and both now recommend the developer pay the assessment fee of 5% of the value of the undeveloped value of the land. Councilman Finley moved to accept the recommendation of the Park Board and Planning & Zoning Commission and require the developer to pay the 5% assessment fee. Councilman Mosier seconded the motion 5 Aye 0 Nay 0 Abstain Unanimous Motion Carried 9. Consider recommendation regarding request for Specific Use Permit for Kathleen Wellborn Martin for location of HUD-Codc manufactured home on property located at 611 Sherley Drive North, Henry Brantley Survey, A-0071. Councilman Mosier moved to approve the Specific Use Permit with the following conditions, the Hud -Code manufactured home must be owner occupied and the existing residential structure must be removed from the property within one year of issuance of the permit. Councilman Finley seconded the motion. 04-08-03 Council Minutes-Regular.doc Page 2 of 6 04/0812003 10. 11. 12. 13. 5 Aye 0 play 0 Abstain Unanimous Motion Canned Consider recommendation regarding replat of Lot 2 of Taylor/Richardson Subdivision. This is the replat of one lot located in the city's ETJ. It does not require any water, sewer, or streets. The Planning and Zoning Commission recommended approval of the replat. Councilman Mosier moved to approve the replat on the recommendation of the Planning and Zoning Commission. Councilman Dhane seconded the motion - 5 Aye 0 Nay 0 Abstain Unanimous Motion Carried Consider action on recommendation of Planning and Zoning Commission regarding final plat for Creekside Addition, Phase 3. Creekside phase 3 includes 72 residential lot and one open space lot. Variances requested were on access to other properties with a large creek on the west side and the radius in the cul-de-sacs. The City Engineer reported the subdivision was in substantial conformity with the City's Subdivision Ordinance. The Planning and Zoning Commission recommended approval of the plat. Mayor Pro -Tem Montgomery moved to approve the Subdivision as presented. Councilman Finley seconded the motion. 5 Aye 0 Nay 0 Abstain Unanimous Motion Carried Consider action on recommendation of Planning and Zoning Commission regarding final plat for Westfield Addition. The developer presented information on the final plat. Councilman Mosier moved to accept the plat on the Westfield Addition with variances on outlet requirements and require stand up curb in the subdivision. Councilman Geren seconded the motion. 5 Aye 0 Nay 0 Abstain Unanimous Motion Carried Consider action on recommendation of Planning and Zoning Commission regarding final plat for Willow Creek Addition, Phase 1. Jaison M. Stephen, P.E., the developer's engineer, presented information to the council requesting that the sidewalk bordering FM 455 not to be built until the commercial lot is developed and approve the street radius which is not in compliance with the Subdivision Ordinance, Slayter Creek has a flood control easement. The council expressed concern about flooding of Slayter Creek and the engineer assured them they had completed a flood study and the subdivision complied with the FEMA requirements. The council requested that stand up curb be used in the project and the developer stated the preliminary plat included the lay down curb. Mayor Ferguson suggested the item be 44-08-03 Council Minutes-Regular.doc Page 3 of 6 04/0812003 tabled to check the preliminary plat and check the city requirements for curb. The developer requested the item not be tabled and agreed to use the stand up curb. Mayor called for a five minute recess. Councilman Finley moved to accept the recommendation of the Planning and Zoning Commission with the two variances on the sidewalk and minimum radius and that curbing for the project to be stand up curb. Councilman Mosier seconded the motion. 5 Aye 0 Nay 0 Abstain Unanimous Motion Carried 14. Consider recommendation regarding preliminary plat for Anna 96 (Chee) tract. The Developer's Engineer presented information on the plat. Issues presented by the staff and Planning and Zoning Commission have been worked out on the plat. The Planning and Zoning Commission recommended approval of the preliminary plat. Councilman Dhane moved to approve the preliminary plat. Councilman Finley seconded the motion. 5 Aye 0 Nay 0 Abstain Unanimous Motion Carried 15. Consider action on ordinance adopting drought contingency plan. Councilman Finley moved to approve the Ordinance adopting the City's Drought Contingency Plan. Councilman Dhane seconded the motion. 5 Aye 0 Nay 0 Abstain Unanimous Motion Carried 16. Consider action on ordinance adopting regulations on outdoor sprinkler systems. Mayor Pro -Tem Montgomery recalled passing an ordinance with some items in the proposed ordinance. Councilman Mosier moved to table the ordinance and the staff to look into regulations already passed. Councilman Dhane seconded the motion. 5 Aye 0 Nay 0 Abstain Unanimous Motion Carried 17. Consider appointment of Alternate Judge for May 3, 2003, election of City officers. Peggy Hall, Election Judge, recommended that Ms. Irene Hudgins be appointed Alternate Judge for the May 3, 2003, City Election. Councilman Finley moved to appoint Ms. Irene Hudgins as Alternate Judge. Councilman Dhane seconded the motion. 5 Aye 0 Nay 0 Abstain Unanimous Motion Carried 18. Consider action on revision of water and/or sanitary sewer rates. 04-08-03 Council Minutes-Regular.doc Page 4 of 6 04108/2003 Councilman Mosier moved to table action on the water and/or sanitary sewer rates. Councilman Dhane seconded the motion. 5 Aye 0 Nay 0 Abstain Unanimous Motion Carried 19. Consider action on resolution setting date, time, and place for public hearings on annexation of 116 acre Harow Texas Property Trust tract. Councilman Finley moved to approve the resolution with April 22 and second Tuesday in May as the hearing dates. Councilman Dhane Seconded the motion. 5 Aye 0 Nay 0 Abstain Unanimous Motion Carried 20. Consider action on resolution setting date, time, and place for public hearings on annexation of 157.844 acre tract in F. T. Duffau Survey (Rudman Partnership) tract. Councilman Finley moved to approve the resolution with April 22 and second Tuesday in May as the hearing dates. Councilman Dhane Seconded the motion. 5 Aye 0 Nay 0 Abstain Unanimous Motion Carried 21. EXECUTIVE SESSION: Council may enter into CLOSED SESSION or Executive Session to discuss the following: A. To deliberate the appointment of the Building Official/Code Enforcement Officer and deliberate his salary. Councilman Dhane moved to go into closed session. Councilman Mosier seconded the motion. 5 Aye 0 Nay 0 Abstain Unanimous Motion Carried at 10:26 20. Return to open session. A. Consider and act upon items listed under item 4 Executive Session, as necessary. Council returned into open session at 10:38. Councilman Mosier moved to authorize Lee Lawrence to offer Ty Chapman a salary of $53,000.00 to accept the position of Building Official and Code Enforcement. Councilman Finley seconded the motion. 5 Aye 0 Nay 0 Abstain Unanimous Motion Carried 21. Consider approval of Minutes of meetings of March 11, March 14, and March 25. Councilman Mosier moved to approve the minutes for the three meetings. Councilman Dhane seconded the motion 5 Aye 0 Nay 0 Abstain Unanimous Motion Carried 22. Payment of bills. 04-08-03 Council Minutes-Regular.doc Page 5 of 6 04/0812003 Councilman Finley moved to approve the bills for payment. Councilman Geren seconded the motion. 5 Aye 0 Nay 0 Abstain Unanimous Motion Carried 23. Adjourn. The Mayor adjourned the meeting at 10:45 p.m. nneth L..�Pelha��May� ATTEST: Wayne E. Cummings, City Secretary 04-08-03 Council Minutes-Regular.doc Page 6 of 6 04/08/2003