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HomeMy WebLinkAbout2003-07-08 Regular Meeting MinutesMINUTES CITY OF ANNA REGULAR CITY COUNCIL MEETING July 8, 2003 7:30 PM, CITY HALL The City Council of the City of Anna will met in Regular Session at 7:30 p.m., Tuesday, July 8, 2003, at the Anna City Hall, 101 N. Powell Parkway, to consider the following items: Call to Order. Mayor Kenneth Pelham called the meeting to order at 7:32 p.m. 2. Roll Call and Establishment of Quorum. The following members were present and participating: Mayor Kenneth Pelham, Mayor Pro Tem Mark Montgomery, Councilman J. W. Finley, Jr., Councilman John Geren, Councilman Chris Caldwell. The following members were absent: Councilman Lynn Mosier. 3. Consider citizen comments and presentations. There were no citizen comments. 4. Consider action on ordinance annexing a 344.33 acre tract in the J. M. Kinkaid Survey, Abstract No. 509, Joseph Boyle Survey, Abstract 105 and the John Coffman Survey, Abstract 197, owner being Dr. William Weaver, located on the north and south sides of W. White Street between S. Central Expressway and Hurricane Creek. Mayor Pro Tem Mark Montgomery made a motion to approve Ordinance annexing 344.33 acre tract. Councilman Finley seconded the motion. 4 Aye 0 Nay 0 Abstained Unanimous Motion Carried 5. Annexation Public Hearings Public Hearing opened at 7:37 p.m. City Administrator Lee Lawrence noted where each individual tract of land is located a. The City Council will hold a public hearing regarding annexation of a 98.17 acre tract in the W. S. Rattan Survey, Abstract No. 752, and the Thomas Rattan Survey, Abstract No. 782, owner being I. K. Kim, located at the northeast corner of S. Central Expressway and W. White Street (excluding 10 acres in Driver's Truck Stop tract). b. The City Council of Anna will hold a public hearing regarding annexation of a 2.46 acre tract in the Martin Moore Survey, Abstract No. 649, owner being City of Anna, located at 1111 CR 370. 07-08-03 Council Minutes-Regular..doc Page 1 of 6 07/08/2003 C. The City Council of Anna will hold a public hearing regarding annexation of a 59.534 acre tract in the Martin Moore Survey, Abstract No. 649, owner being Wayne Asbury, located at 1001 CR 370. d. The City Council of Anna will hold a public hearing regarding annexation of a 6.952 acre tract in the W. E. Throckmorton Survey, Abstract No. 899, owner being William Vitz, located at southwest corner of S. Central Expressway and Foster Crossing Road. e. The City Council of Anna will hold a public hearing regarding annexation of a 14.629 acre tract in the Thomas Rattan Survey, Abstract No. 782, owner being Lee R. Purser, located at 2301 W. White Street. f. The City Council of Anna will hold a public hearing regarding annexation of a 33.10 acre tract in the Thomas Rattan Survey, Abstract No. 782, owner being Anna 33, L.P., located at 2601 W. White Street. g. The City Council of Anna will hold a public hearing regarding annexation of a 36 acre tract in the J. Schluter Survey, Abstract No. 856, owner being John H. Rattan, located at 1401 W. White Street. h. The City Council of Anna will hold a public hearing regarding annexation of a 9.061 acre tract in the F. T. Daffau Survey, Abstract No. 288, owner being Robert Fagala, located at 2700 W. White Street. These public hearings are an opportunity for citizens of Anna and residents/property owners in the affected areas to comment on the proposed annexations. Councilman Lynn Mosier arrived at 7:44 p.m. There was no citizens comment. Mayor Pro Tem Montgomery was concerned about item E. After brief discussion; Mayor Pelham closed the public hearing at 7:48 p.m. 6. Consider action on resolution setting date, time, and place for public hearings on annexation of the following tracts a. A 23 acre tract in the G. Stark Survey, Abstract No. 798, owner being T. J. Warren, Jr., represented by Ryan Betz of the Skorburg Company, located approximately 0.7 miles south of E. White Street and 0.6 miles east of S. Powell Parkway. b. A 40 acre tract in the G. Stark Survey, Abstract No. 798, owners being Cary Bartoo and Janet Bartoo, represented by Ryan Betz of the Skorburg Company, located approximately 0.7 south of E. White Street and 0.3 miles east of S. Powell Parkway. C. A 40.547 acre tract in the G. Stark Survey, Abstract No. 798, owner being Leonora B. L. Burgert, represented by Ryan Betz of the Skorburg Company, located on the south side of CR 422 approximately 0.35 miles east of S. Powell Parkway. 07-08-03 Council Minutes-Regular..doc Page 2 of 6 07/08/2003 d. A 84.60 acre tract in the G. Stark Survey, Abstract No. 798, owner being Sharp Gifting Trust, represented by Ryan Betz of the Skorburg Company, located on the north side of CR 422 approximately one-half mile east of S. Powell Parkway. e. A 101.95 acre tract in the G. Stark Survey, Abstract No. 798, owner being Sharp Gifting Trust, represented by Ryan Betz of the Skorburg Company, located on the west and east side of S. Powell Parkway (SH 5) at the intersection with CR 422. f. A 3.113 acre tract in the Hiram Brinlee Survey, Abstract No. 30, owner being BP Products Corporation, represented by Louis Leutwyler, located on south side of S. H. 121, approximately 2 miles west of Sister Grove Creek. g. A 4.073 acre tract in the Hiram Brinlee Survey, Abstract No. 30, owner being BP Products Corporation, represented by Louis Leutwyler, located on south side of S. H. 121, approximately 2.2 miles west of Sister Grove Creek. h. A 6.00 acre tract in the Hiram Brinlee Survey, Abstract No. 30, owner being BP Products Corporation, represented by Louis Leutwyler, located on south side of S. H. 121, approximately 2.2 miles west of Sister Grove Creek on the north side of CR 420. A 5 acre tract in the David Van Winkle Survey, Abstract No. 511, owner being WKG Enterprises, Ltd., represented by Ken Griffin, located on the south side of S. H. 121 at the corner of S. H. 121 and FM 455. City Administrator noted the schedule dates for the public hearings, 1st Public Hearing is July 29th 2003 2nd Public Hearing is August 12th 2003 Annexation on and Action on September 10th 2003. Councilman Finley made a motion to accept hearing dates. Councilman Caldwell seconded the motion. 5 Aye 0 Nay 0 Abstained Unanimous Motion Carried 7. Consider recommendation of Planning and Zoning Commission regarding preliminary plat for Villages of Hurricane Creek (Weaver tract). Nathan Thompson with Carter and Burgess was present to answer any questions the Council might have. Don Collins was also present to answer any questions the council may have. After a discussion, Councilman Finley made a motion to approve the preliminary plat for Villages of Hurricane Creek. Councilman Geren seconded the motion. 4 Aye 1 Opposed 0 Abstained Motion Carried Councilman Mosier opposed. 8. Consider recommendation of Planning and Zoning Commission regarding preliminary plat for Independent Bank Addition. 07-08-03 Council Minutes-Regular..doc Page 3 of 6 07/08/2003 After brief discussion Councilman Finley made a motion to approve to plat for Independent Bank, Mayor Pro Tem Montgomery seconded the motion. 5 Aye 0 Nay 0 Abstained Unanimous Motion Carried 9. Consider presentation of representative(s) of Wolfe, Tidwell & McCoy, LLP, regarding use of said firm for provision of legal services. Clark McCoy and James Tidwell was present to give a presentation and to answer any question the council may have. Mayor Por Tem Montgomery made a motion to use Wolfe, Tidwell & McCoy for provision and legal services, Councilman Caldwell seconded the motion. 5 Aye 0 Nay 0 Abstained Unanimous Motion Carried Mayor Pelham called for a 5 minute break at 8:56 p.m. Mayor Pelham called meeting back to oreder at 9:06 p.m. 10. EXECUTIVE SESSION: Under terms of Chapter 551 of Texas Government Code the City Council may enter into CLOSED SESSION or Executive Session to discuss the following: A. To discuss the purchase, exchange, lease, or value of real property. (Government Code, Chapter 551.072) B. To consult with legal counsel on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code. (Government Code, Chapter 551.071) Councilman Mosier made a motion to go into Executive Session, Mayor Pro Tem Montgomery seconded the motion. 5 Aye 0 Nay 0 Abstained Unanimous Motion Carried Time 9:07 p.m. Return to open session at 10:13 p.m. 11. Consider and act upon item listed under item 10A Executive Session, as necessary. A. Consider adoption of resolution declaring a public necessity to acquire the property as described in the attached Exhibit A, authorizing the employment of Wolfe, Tidwell & McCoy, LLP, attorneys, and directing them to have the property described in Exhibit A appraised, to make a final offer for the property, and to institute proceedings in eminent domain. Mayor Pro Tem made a motion to adopt resolution declaring public necessity to acquire property named in Exhibit A and Exhibit B, Councilman Mosier seconded the motion. 5 Aye 0 Nay 0 Abstained Unanimous Motion Carried 11. Consider and act upon items listed under item 4 Executive Session, as necessary. 07-08-03 Council Minutes-Regular..doc Page 4 of 6 07/08/2003 Consider action regarding amendment to zoning ordinance to provide regulations relating to sale of beer, wine, and alcoholic beverages. Councilman Finley made a motion to table this at this time. Councilman Mosier seconded the motion. 5 Aye 0 Nay 0 Abstained Unanimous Motion Carried 12. Consider action on resolution opposing creation of Collin County Municipal District No. 1 and the need for a public hearing to deliberate the matter. Mayor Pro Tem Montgomery made a motion to approve resolution apposing creation of Collin County Municipal District No. 1. Councilman Finley seconded the motion. 5 Aye 0 Nay 0 Abstained Unanimous Motion Carried 13. Consider action on ordinance restricting use of bicycles on White Street between S. Powell Parkway and S. Central Expressway. After brief discussion Councilman Finley made a motion to approve the Ordinance, Restricting use of bicycles on FM 455 from Hwy 5 to East Fork Circle. Councilman Mosier seconded the motion. 5 Aye 0 Nay 0 Abstained Unanimous Motion Carried 14. Consider action to adopt By-laws for Anna Economic Development Corporation. Councilman Mosier made a motion to table this at this time. Councilman Caldwell seconded the motion. 5 Aye 0 Nay 0 Abstained Unanimous Motion Carried 15. Consider action on appointments to Anna Economic Development Corporation. Councilman Finley made a motion to table at this time. Councilman Caldwell seconded the motion. 5 Aye 0 Nay 0 Abstained Unanimous Motion Carried 16. Consider action to appoint/reappoint municipal judge. Councilman Mosier made a motion to reappoint Municipal Judge Moore Councilman Finley seconded the motion 5 Aye 0 Nay 0 Abstained Unanimous Motion Carried 17. Consider action on ordinance relating to regulation of sale and use of fireworks. After brief discussion, Councilman Mosier made a motion to table at this time. Councilman Geren seconded the motion. 5 Aye 0 Nay 0 Abstained Unanimous Motion Carried 18. Anna Volunteer Fire Department a. Review of monthly reports 07-08-03 Council Minutes-Regular..doc Page 5 of 6 07/08/2003 Councilman Mosier made a motion to table this at this time. Councilman Finley seconded. 5 Aye 0 Nay 0 Abstained Unanimous Motion Carried 19. Set date of meeting for July 29 (instead of July 22). Councilman Mosier made a motion to change the Meeting to July 29th Mr. Finley seconded the motion. 5 Aye 0 Nay 0 Abstained Unanimous Motion Carried 20. Staff reports and items for discussion. Mayor Pro Tem Montgomery asked about the Ambulance systems. Mayor Pelham talked about the street signs. 21. Financial report. There was no Financial Report at this time. 22. Payment of bills. Mayor Pro Tem Montgomery made a motion to approve the bills. Councilman Caldwell seconded the motion. 5 Aye 0 Nay 0 Abstained Unanimous Motion Carried 23. Adjourn. Councilman Mosier made a motion to Adjourn. Councilman Caldwell seconded the motion. 5 Aye 0 Nay 0 Abstained Unanimous Motion Carried at 11:11 p.m. ATTEST: Kenneth L. Pelham, Mayor Wayne E. Cummings City Secretary 07-08-03 Council Minutes-Regular..doc Page 6 of 6 07/08/2003