HomeMy WebLinkAbout2003-07-29 Regular Meeting MinutesMINUTES
CITY OF ANNA
REGULAR CITY COUNCIL MEETING
July 29, 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 29,
2003, at the Anna City Hall, 101 N. Powell Parkway, to consider the following items:
1. Call to Order.
Mayor Kenneth L. Pelham called the meeting to order at 7:30 p.m.
2. Roll Call and Establishment of Quorum.
The following members were present and participating: Mayor Kenneth L. Pelham,
Mayor Pro Tem Mark Montgomery, Councilman J. W. Finley Jr., Councilman Lynn
Mosier and Councilman John Geren. The following members were absent: Councilman
Chris Caldwell.
3. Consider citizen comments and presentations.
There were no citizen comments.
4. Consider acceptance of flag from Van Alstyne Veterans of Foreign War.
Pass, There was no one present.
5. Consider action to authorize stop sign at intersection of Magnolia Street and Ashley
Lane (Tara Farms).
Councilman Finley made a motion to place a 4 -way stop sign at intersection of Magnolia
Street and Ashley Lane in Tara Farms.
Councilman Mosier seconded the motion.
3 Aye 1 Opposed Unanimous Motion Carried (Councilman Geren Opposed)
6. Anna Volunteer Fire Department
a. Review of monthly reports
Councilman Finley made a motion to table at this time.
Councilman Mosier seconded the motion.
4 Aye 0 Nay 0 Abstained Unanimous Motion Carried
7. Annexation Public Hearings (PH #1) Public Hearing opened at 7:44 p.m
The City Council will hold a public hearing regarding annexation of the following
properties. This public hearing is an opportunity for citizens of Anna and
residents/property owners in the affected areas to comment on the proposed
annexations.
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LO
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.
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.
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.
There was no citizen comment.
City Administrator Lee Lawrence noted where the properties were located. Ryan Betz
was also present to answer any questions the Council may have.
Public Hearing Closed at 8:00 p.m.
Consider action on resolution setting date, time, and place for public hearings on
annexation of the following tracts
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a. A 158.24 acre tract in the J. C. Brantley Survey, Abstract No. 114, owner being
The Rudman Partnership, represented by Sherral Goodwin, Attorney -in -Fact,
located on the west side of N. Powell Parkway (SH 5), north of and adjacent to
the Anna High School property.
b. A 1.000 acre tract in the David Van Winkle Survey, Abstract No. 937, owner
being BERA, Inc., represented by Louis Leutwyler, located on north side of S. H.
121.
C. A 57.82 acre tract in the J. C. Neil Survey, Abstract No. 659, owner being BP
Products Corporation, represented by Louis Leutwyler, located on north and
south sides of S. H. 121, approximately one-half file northeast of Sister Grove
Creek.
Councilman Finley made a motion to approve the public hearing dates set.
Councilman Geren seconded the motion.
4 Aye 0 Nay 0 Abstained Unanimous Motion Carried
9 EXECUTIVE SESSION: Under terms of Chapter 551 of Texas Government Code
the Council may enter into CLOSED SESSION or Executive Session to discuss the
following: City
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. Time 8:07 p.m.
4 Aye 0 Nay 0 Abstained Unanimous Motion Carried
Return to open session.
Councilman Mosier made a motion to return to open session.
Councilman Finley seconded the motion.
4 Aye 0 Nay 0 Abstained Unanimous Motion Carried at 9:07 p.m.
10. Consider and act upon item listed under item 9 Executive Session, as necessary.
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. (Property along north side of FM 455 between Curry 25 acre tract and Willow
Creek, property being owned by George F. West, Cabinet Shop, and Brian/Angela
Roper)
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11. Consider and act upon items listed under item 9 Executive Session, as necessary.
Councilman Mosier made a motion to table item 10 and 11.
Councilman Finley seconded the motion.
4 Aye 0 Nay 0 Abstained Unanimous Motion Carried
Mayor Kenneth Pelham called for a 5 minute brake at 9:08 p.m.
Mayor Kenneth Pelham called the meeting back to Order at 9:18 p.m.
12. 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.
Mayor Pro Tem Montgomery seconded the motion.
4 Aye 0 Nay 0 Abstained Unanimous Motion Carried
13. Consider action on zoning ordinance for the Harrow Texas Trust 66 acre tract (PD —
Commercial).
Councilman Mosier made a motion to table this item.
Councilman Finley seconded the motion.
4 Aye 0 Nay 0 Abstained Unanimous Motion Carried
14. Consider recommendation of Planning and Zoning Commission regarding final plat for
Independent Bank Addition.
Councilman Mosier made a motion to approve the final plat.
Councilman Finley seconded the motion.
4 Aye 0 Nay 0 Abstained Unanimous Motion Carried
15. Public Hearing: The City of Anna will hold a public hearing to consider the submission of
an application to the Texas Parks and Wildlife Department for grant funds to support the
development of a community park.
Public Hearing Opened at 9:20 p.m.
After a brief discussion
Public Hearing Closed at 9:27 p.m.
16. Consider approval of resolution authorizing the submission of an application to the
Texas Parks & Wildlife Department for financial assistance to develop/construct park,
recreation, and open space facilities.
Councilman Finley made a motion to adopt the resolution authorizing the submission.
Councilman Mosier seconded the motion.
4 Aye 0 Nay 0 Abstained Unanimous Motion Carried
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17. Consider approval of resolution accepting as complete the contract with Jimmy Jack
Biffle Water Well Drilling for the construction of a water well on CR 360 for the City of
Anna.
Mayor Pro Tem Montgomery made a motion to adopt the resolution accepting the
contract. Councilman Mosier seconded the motion.
4 Aye 0 Nay 0 Abstained Unanimous Motion Carried
18. Consider approval of resolution requesting that Collin County include the City of Anna
and its extraterritorial jurisdiction in the Collin Environmental Health Care Services
Program and authorizing the Mayor to enter into an interlocal agreement with the Collin
County Commissioners Court for said program.
Councilman Finley made a motion to adopt resolution for Health Care Services.
Councilman Mosier seconded the motion.
4 Aye 0 Nay 0 Abstained Unanimous Motion Carried
19. Consider action on selection of contractor for street improvements on S. Sherley Avenue
(Fourth to E. White).
Councilman Mosier made a motion to approve contract with Rushing Paving.
Also giving the Mayor authorization to negotiate parking area for school and French
drain on the school side.
Councilman Geren seconded the motion.
20. Consider action to approve By-laws of Economic Development Corporation.
Councilman Mosier made a motion to approve the By-laws of the EDC with one change.
The change being in Article VI Section 3 the name change to City of Anna not the City of
Van Alstyne
Mayor Pro Tem Montgomery seconded the motion.
4 Aye 0 Nay 0 Abstained Unanimous Motion Carried
21. Consider action on appointments to Economic Development Corporation.
Councilman Mosier made a motion to nominate Mark Montgomery, Julian Smith,
Derrin Hayes, and Sandra Bryant and Johnny Bradley to serve as the EDC.
Councilman Finley seconded the motion
4 Aye 0 Nay 0 Abstained Unanimous Motion Carried
22. Consider action on drilling regulation ordinance.
Councilman Mosier made a motion to table.
Mayor Pro Tem seconded the motion.
4 Aye 0 Nay 0 Abstained Unanimous Motion Carried
23. Consider action on noise regulation ordinance.
Councilman Finley made a motion to adopt ordinance on noise regulations.
Councilman Mosier seconded the motion.
4 Aye 0 Nay 0 Abstained Unanimous Motion Carried
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24. Consider action on ordinance relating to regulation of sale and use of fireworks.
Councilman Geren made a motion to adopt Ordinance #88-2003 relating to fireworks.
Councilman Finley seconded the motion.
4 Aye 0 Nay 0 Abstained Unanimous Motion Carried
25. Consider action on resolution approving Draft Supplemental Watershed Plan &
Environmental Assessment — East Fork above Lavon Watershed.
Mayor Pro Tem Montgomery made a motion to adopt the resolution.
Councilman Mosier seconded the motion.
4 Aye 0 Nay 0 Abstained Unanimous Motion Carried
26. Staff reports and items for discussion.
a. Intersection study at FM 455 & SH 5
b. Sales tax report
d. Development status report
City Administrator gave the Council a brief report on the above items. And will
answer any question the Council may have.
27. Financial report.
There was no financial report given.
28. Payment of bills.
Councilman Mosier made a motion to pay the bills.
Mayor Pro Tem Montgomery seconded the motion.
4 Aye 0 Nay 0 Abstained Unanimous Motion Carried
29. Adjourn.
Councilman Mosier made a motion to Adjourn.
Councilman Geren seconded the motion.
4 Aye 0 Nay 0 Abstained Unanimous Motion Carried at 10:38 p.m.
enneth L. Pe am, Mayor
ATTEST:
Wayne E. Cummings, City Secr tary
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