HomeMy WebLinkAbout2003-09-09 Regular Meeting MinutesMINUTES
CITY OF ANNA
REGULAR CITY COUNCIL MEETING
September 9, 2003 7:30 PM, ANNA ISD MIDDLE SCHOOL CAFETORIA
The City Council of the City of Anna will met in Regular Session at 7:30 p.m., Tuesday,
September 9, 2003, at the Anna ISD Middle School Cafeteria, 200 E. Seventh Street, and
consider the following items:
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 Pelham,
Mayor Pro Tem Mark Montgomery, Councilman J. W. Finley, Jr., Councilmen John
Geren, and Councilman Chris Caldwell. The following members were absent:
Councilman Lynn Mosier
3. Consider citizen comments and presentations.
Nick Burk no Comment, (2) Allen Walters would like the Council to know he is against 4-T
being annexed into the City, Next was Jim Jacks was not placed on Agenda, He is
against annexations, it would cause problems for Police in the future. He would like the
Council to Table this item and please do not annex this property. (3) Joyce Templin
would like to second Jim Jacks protest. She would like to note that she is against liquor
stores being 5 miles out of town. (4) Dolores Womack Item 4-T parts are not owned by
petitioner, it is 4.5 miles from town not 5 miles, would like the council to know she against
the annexations. (5) Skip Hill he is not excited about the liquor stores being near his
home and this is the wrong kind of growth for Anna, he would like to urge the Council to
vote against the annexations. There was no other citizen's comment.
Council Lynn Mosier arrived.
4. Consider action on ordinances annexing the following tracts. Action may be taken on
each ordinance individually or the ordinances may be considered collectively.
City Administrator Lee Lawrence would like the Council to act individually on each of
the following tracts.
a. A 98.17 acre tract located in the W. S. Rattan Survey, A-752, and the Thomas
Rattan Survey, A-782, on northeast corner of Central Expressway and W.
White Street, property owner and petitioner being Mr. I. K. Kim.
Mayor Pro -Tem Mark Montgomery made a motion to approve the annexation.
Councilman Caldwell seconded the motion.
5 -Aye 0 Nay 0 Abstained Unanimous Motion Carried
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b. A 2.46 acre tract located in the Martin Moore Survey, A-2649, 1111 CR 370,
property owner and petitioner being the City of Anna.
Councilman Finley made a motion to approve the annexation
Councilman Geren seconded.
5 -Aye 0 Nay 0 Abstained Unanimous Motion Carried
C. A 59.534 acre tract located in the Martin Moore Survey, A-2649, 1111 CR
370, property owner and petitioner being Mr. Wayne Asbury.
Mayor Pro -Tem made a motion to approve the annexation.
Councilman Finley seconded the motion.
5 Aye 0 Nay -Abstained Unanimous Motion Carried.
d. A 6.952 acre tract located in the W. E. Throckmorton Survey, A-899, at
northwest corner of S. Central Expressway and CR 283, property owner and
petitioner being WHV, Inc., represented by Mr. William Vitz,
Councilman Finley made a motion to approve the annexation.
Councilman Mosier seconded the motion.
3 Aye 2 Nay 0 Abstained Motion Carried with Councilman Caldwell and
Mayor Pro Tem Montgomery against.
e. A 33.10 acre tract located in the Thomas Rattan Survey, A-782, 2601 W.
White Street, owner and petitioner being Anna 33, L.P., represented by Mr.
Ted Tedford.
Mayor Pro -Tem Montgomery made a motion to approve the annexation
Councilman Caldwell seconded the motion.
5 Aye 0 Nay 0 Abstained Unanimous Motion Carried.
f. A 9.061 acre tract located in the F. T. Daffau Survey, A-288, owner being
Robert Fagala, 2700 W. White Street, owner and petitioner being Mr. Robert
Fagala.
Mayor Pro -Tem Montgomery made a motion to approve the annexation.
Councilman Finley seconded the motion.
5 Aye 0 Nay 0 Abstained Unanimous Motion Carried
g. 14.629 acre tract located in the Thomas Rattan Survey, A-782, 2301 W. White
Street., owner and petitioner being Lee R. Purser.
Councilman Finley made a motion to approve the annexation.
Councilman Geren seconded the motion.
5 Aye 0 Nay 0 Abstained Unanimous Motion Carried
h. A 34.92 acre tract in the J. Schluter Survey, A-856, 1401 W. White Street,
owner and petitioner being John H. Rattan.
Mayor Pro -Tem Montgomery made a motion to approve the annexation.
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Councilman Finley seconded the motion.
5 Aye 0 Nay 0 Abstained Unanimous Motion Carried
i. A 23 acre tract in the G. Stark Survey, A-798, located approximately 0.7 miles
south of E. White Street and 0.6 miles east of S. Powell Parkway, owner being
T. J. Warren, Jr., represented by Mr. Ryan Betz (Skorburg Company).
Councilman Finley made a motion to approve the annexation.
Mayor Pro -Tem Montgomery seconded the motion.
5 Aye 0 Nay 0 Abstained Unanimous Motion Carried
j. A 40 acre tract in the G. Stark Survey, A-798, located approximately 0.7 south
of E. White Street and 0.3 miles east of S. Powell Parkway, owners being
Cary Bartoo and Janet Bartoo, represented by Mr. Ryan Betz (Skorburg
Company).
Mayor Pro -Tem Montgomery made a motion to approve annexation.
Councilman Caldwell seconded the motion.
5 Aye 0 Nay 0 Abstained Unanimous Motion Carried
k. A 40.547 acre tract in the G. Stark Survey, A-798, located on the south side of
CR 422 approximately 0.35 miles east of S. Powell Parkway, owner being
Lenora B. L. Burgert, represented by Mr. Ryan Betz (Skorburg Company).
Mayor Pro -Tem Montgomery made a motion to approve the annexation
Councilman Caldwell seconded the motion.
5 Aye 0 Nay 0 Abstained Unanimous Motion Carried
I. An 84.60 acre tract in the G. Stark Survey, A-798, located on the north side of
CR 422 approximately one-half mile east of S. Powell Parkway, owner being
Sharp Gifting Trust, represented by Mr. Ryan Betz (Skorburg Company).
Councilman Finley made a motion to approve the annexation.
Mayor Pro -Tem seconded the motion.
5 Aye 0 Nay 0 Abstained Unanimous Motion Carried
m. A 101.95 acre tract in the G. Stark Survey, A-798, located on the west and
east side of S. Powell Parkway (SH 5) at the intersection with CR 422, owner
being Sharp Gifting Trust, represented by Mr. Ryan Betz (Skorburg
Company).
Mayor Pro -Tem Montgomery made a motion to approve the annexation
Ordinance. Councilman Geren seconded the motion
5 Aye 0 Nay 0 Abstained Unanimous Motion Carried
n. A 3.113 acre tract in the Hiram Brinlee Survey, A-30, located on south side of
S. H. 121, approximately 1.9 miles west of Sister Grove Creek, owner and
petitioner being BP Products Corporation, represented by Louis Leutwyler.
Mayor Pro -Tem Montgomery made a motion to deny Annexation without
prejudice at this time. Councilman Caldwell seconded the motion.
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5 Aye 0 Nay 0 Abstained Unanimous Motion Carried
o. A 4.073 acre tract in the Hiram Brinlee Survey, A-30, located on south side of
S. H. 121, approximately 2 miles west of Sister Grove Creek, owner and
petitioner being BP Products Corporation, represented by Louis Leutwyler.
Councilman Geren made a motion to deny Annexation without prejudice at
this time. Councilman Caldwell seconded the motion.
5 Aye 0 Nay 0 Abstained Unanimous Motion Carried
p. A 6.00 acre tract in the Hiram Brinlee Survey, A-30, located on south side of
S. H. 121, approximately 2 miles west of Sister Grove Creek on the north side
of CR 420, owner and petitioner being BP Products Corporation, represented
by Louis Leutwyler.
Councilman Finley made a motion to deny Annexation without prejudice at this
time. Councilman Caldwell seconded the motion.
5 Aye 0 Nay 0 Abstained Unanimous Motion Carried
q. A 2.00 acre tract in the David Van Winkle Survey, A-511, located on the south
side of S. H. 121 at the corner of S. H. 121 and FM 455, owner and petitioner
being WKG Enterprises, Ltd., represented by Ken Griffin.
Mayor Pro -Tem made a motion to deny Annexation without prejudice at this
time. Councilman Finley seconded the motion.
5 Aye 0 Nay 0 Abstained Unanimous Motion Carried
r. A 158.24 acre tract in the J. C. Brantley Survey, A-114, located on the west
side of N. Powell Parkway (SH 5), north of and adjacent to the Anna High
School property, owner and petitioner being The Rudman Partnership,
represented by Sherral Goodwin, Attorney -in -Fact,
Councilman Finley made a motion to approve the annexation.
Councilman Caldwell seconded the motion
5 Aye 0 Nay 0 Abstained Unanimous Motion Carried
s. A 1.000 acre tract in the David Van Winkle Survey, A-937, located on north
side of S. H. 121 approximately one-half mile west of Sister Grove Creek,
owner and petitioner being BERA, Inc., represented by James L. Monday.
Councilman Finley made a motion to deny Annexation without prejudice.
Councilman Caldwell seconded the motion.
5 Aye 0 Nay 0 Abstained Unanimous Motion Carried
t. A 57.82 acre tract in the J. C. Neil Survey, A-659, located on north and south
sides of S. H. 121, adjacent to and east of Sister Grove Creek, owner and
petitioner being BP Products Corporation, represented by Louis Leutwyler.
Mayor Pro -Tem Montgomery made a motion to deny Annexation without
prejudice. Councilman Finley seconded the motion
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5 Aye 0 Nay 0 Abstained Unanimous Motion Carried
5a. Public Hearing:
Public Hearing opened at 8:27 p.m.
To consider public comment on a zoning request by WHV, Inc., for a 6.952 acre tract
located in the W. E. Throckmorton Survey, A-899, at northwest corner of S. Central
Expressway and CR 283, property owner and petitioner being WHV, Inc.,
represented by Mr. William Vitz. The property is not currently zoned, being subject to
annexation on this agenda. Petitioner requests zoning of the tract as C-2 General
Commercial District.
There was no Citizen comment
Public Hearing closed at 8:29 p.m.
5b. Consider action on ordinance zoning property owned by WHV, Inc., being a 6.952
acre tract located in the W. E. Throckmorton Survey, A-899, at northwest corner of S.
Central Expressway and CR 283, petitioner being WHV, Inc., represented by Mr.
William Vitz. The property is not currently zoned, being subject to annexation on this
agenda. Petitioner requests zoning of the tract as C-2 General Commercial District.
Councilman Finley made a motion to approve the C-2 Zoning
Councilman Geren seconded the motion
5 Aye 0 Nay 0 Abstained Unanimous Motion Carried
6a. Public Hearing:
Public Hearing Opened at 8:30 p.m.
To consider public comment on a zoning request by Vicky L. Rutledge and Mike L.
Rutledge for a 0.48 acres located at the southeast corner of S. Powell Parkway and
W. Seventh Street. The property is currently zoned R-1 Single Family Residential.
Petitioner requests zoning of the tract as C-1 Restricted Commercial District.
There was no Citizen comments
Public Hearing closed at 8:35 p.m.
6b. Consider action on ordinance zoning property owned by Vicky L. Rutledge and Mike
L. Rutledge, being a 0.48 acre tract located at the southeast corner of S. Powell
Parkway and W. Seventh Street. The property is currently zoned R-1 Single Family
Residential. Petitioner requests zoning of the tract as C-1 Restricted Commercial
District.
Mayor Pro -Tem made a motion to approve the C-1 zoning
Councilman Finley seconded the motion.
5 Aye 0 Nay 0 Abstained Unanimous Motion Carried
7a. Public Hearing:
Public Hearing Opened at 8:34 p.m.
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To consider public comment on a zoning request for 66 acre tract owned by Harrow
Texas Property Trust as Planned Development — C-2 General Commercial. The
property is currently zoned AG — Agricultural District. Petitioner requests zoning of
the tract as PD - Commercial per the attached Planned Development Ordinance.
There was no public comment
Public Hearing Closed at 8:38 p.m.
7b. Consider action on ordinance zoning property owned by Harrow Texas Property
Trust, being a 66 acre tract located on the east side of S. Central Expressway midway
between W. White Street and CR 367. The property is currently zoned AG —
Agricultural District. Petitioner requests zoning of the tract as PD - Commercial per
the attached Planned Development Ordinance.
Councilman Finley made a motion to approve zoning Ordinance.
Councilman Caldwell seconded the motion.
5- Aye 0 Nay 0 Abstained Unanimous Motion Carried
8. Consider recommendation regarding Facilities Agreement for Villages of Hurricane
Creek project.
Mayor Pro -Tem made a motion to approve the Facilities Agreement for Villages of
Hurricane Creek.
Councilman Caldwell seconded the motion.
5 Aye 0 Nay 0 Abstained Unanimous Motion Carried
9. Consider action relating to City of Anna certificate of convenience and necessity for
areas in Anna planning area that are currently not in certificated area of any entity or
are certificated to North Collin WSC.
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
10. Consider action on ordinance relating to annual permit and licenses and establishing
fees for applications for permits and licenses under the Texas Alcoholic Beverage
Code.
Councilman Finley made a motion to table this item.
Councilman Mosier seconded the motion.
5 Aye 0 Nay 0 Abstained Unanimous Motion Carried
11. Consider awarding contract to the low bidder, Tim Hall, Inc., in amount of $206,901
for water well construction.
Councilman Finley made a motion to award the contract to Tim Hall, Inc.
Councilman Geren seconded the motion.
5 Aye 0 Nay 0 Abstained Unanimous Motion Carried
12. Public Hearing:
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Public Hearing Opened at 9:10 p.m.
The Mayor has called a public hearing on the proposed 2003-2004 City of Anna
Budget. The hearing will be held during a Regular Council meeting to be held at the
Anna Middle School Cafeteria, 200 East 7th Street, Anna, Texas, on September 9,
2003 at 7:30 P.M. The public is welcome.
There was no public comment
Public Hearing closed at 9:11 p.m.
13. Consider action on ordinance adopting 2003-2004 City of Anna Budget.
Mayor Pro -Tem Montgomery made a motion to approve the ordinance adopting the
2003-2004 City of Anna Budget.
Councilman Mosier seconded the motion.
5 Aye 0 Nay 0 Abstained Unanimous Motion Carried
14. Public Hearing:
Public Hearing Opened at 9:13 p.m.
The Mayor has called a public hearing on the proposed 2003-2004 City of Anna ad
valorem tax rate. The hearing will be held during a Regular Council meeting to be
held at the Anna Middle School Cafeteria, 200 East 7th Street, Anna, Texas, on
September 9, 2003 at 7:30 P.M. The public is welcome.
There was no public comment.
Public Hearing Closed at 9:14 p.m.
15. Consider action on ordinance adopting 2003-2004 ad valorem tax rate for City of
Anna.
Councilman Finley made a motion to adopt ordinance for 2003-2004 ad valorem tax
rate for the City of Anna at 0.499703.
Councilman Mosier seconded the motion.
5 Aye 0 Nay 0 Abstained Unanimous Motion Carried
16. Staff reports and items for discussion.
17. Financial report.
Councilman Geren made a motion to table Financial Report at this time.
Councilman Caldwell seconded the motion.
5 Aye 0 Nay 0 Abstained unanimous Motion Carried
18. Payment of bills.
Mayor Pro -Tem Montgomery made a motion to pay the bills.
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Councilman Finley seconded the motion.
5 Aye 0 Nay 0 Abstained Unanimous Motion Carried
19. Adjourn.
Councilman Mosier made a motion to adjourn.
Councilman Caldwell seconded the motion.
5 Aye 0 Nay 0 Abstained Unanimous Motion Carried at 9:22 p.m.
enneth L. Pelham, Mayor
ATTEST:
Wayne f'. Cummings, City Secretary
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