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HomeMy WebLinkAbout2004-01-13 Regular Meeting MinutesulI CITY OF ANNA REGULAR CITY COUNCIL MEETING January 13, 2004 7:00 PM Anna ISD Middle School Cafeteria The City Council of the City of Anna met in Regular Session at 7:00 p.m., Tuesday, January 13, 2004, at the Anna ISD Middle School Cafeteria, located at 200 E. 7s' Street, and considered the following items: 1. Call to Order. The meeting was called to order at 7:04 p.m. 2. Roll Call and Establishment of Quorum. All members were present and participating. 3. Consider citizen comments and presentations. Mr. Johnny Mc Bride spoke briefly on water leaks being fixed in a timely manner. He also mentioned that the ditch was stopped up at 512 N Sherley Avenue by a pile of dirt still in the ditch where a sewer main had been repaired. 4. Anna Volunteer Fire Department Review of monthly reports David Hunt and Lany bridges were present and presented the Council with monthly reports. Councilman Mosier asked about the fire hydrants at East Fork. Mr. David Certain responded that there were two hydrants near the entry to East Fork Estates that were not in service but that these hydrants were covered ("bagged"). 5. Public Hearing: Housing Infrastructure Fund Grant Application The public hearing was opened at 7:15 p.m. Ms. Jessica Kaltenbach of Lawrence & Associates was recognized to give a brief introduction and summary of the proposed application. The application consists of a request for up to $400,000 in grant funds from the Texas Office of Rural Community Affairs to support infrastructure improvements for a single family residential development on a 25 acre tract in east Anna. The developer/builder would be required to sell 51% of the homes in the project to persons of low and moderate income status. The homes to be built in the project would be 100% brick and would be a minimum of 1,300 01-13-04 Council Minutes-Regular.doc Page 1 of 10 01/13/2004 square feet of living space. The price of homes in the subdivision would be $80,000 - $120,000. Mr. Ricky Gillean was recognized and expressed concern about the access to the proposed project. He noted that the one street connecting the project to East White Street, the main artery through the area, was in poor condition and had significant traffic during morning and afternoon hours when school was starting and ending. Ms. Pam Davis was recognized to ask who does the qualifying for who is and who is not eligible to buy homes in the project. Also, she asked if this is the only land to get grant money. Mr. Gillean asked who would be paying for water and sewer connections and would there be a waiver of fees. Ms. Tammy Wortham was recognized to note that the east side always had bad streets and water and sewer. She also expressed concern about why there should be development in the east part of town. Ms. Sue O'Neil was recognized to say that there were other things that could be done with the property. She also asked who would be paying for the streets in the project. Mr. Tim Overby asked what qualified as low and moderate income, what the impact of building homes for low and moderate income persons had been in McKinney, what the foreclosure rate had been for the builder's projects in McKinney, and when the project would be started. Mr. Gillean said that there was a conflict of interest involved in the project because one of the consultants involved in the project was the daughter of Mr. Lawrence, the City Administrator. Mr. Reed Barton was recognized to say that he opposed the project because the additional housing would create problems for the schools. Mr. Tim Adams was recognized to say that he opposed any additional development on the east side and expressed concern about traffic volumes and access to the project site. Ms. Sue Etta Rollins was recognized to state that she opposed the project. Ms. Martha Adams was recognized to note that the development would deteriorate and become a problem area within a few years. Mr. Gillean stated that the homes in the project would be small. Mr. Jason Bowman was recognized to state that he worked in high crime areas and opposed the project because it would increase crime in the area. He stated that the applications of prospective homeowners should be reviewed by citizens of the area. 01-13-04 Council MinutesRegular.doc Page 2 of 10 01/13/2004 Representatives of the property owner of the proposed project site noted the following in response to citizen comments: • The homes to be built in the project would be 100% brick exterior and would be a minimum of 1,300 square feet of living space, with most units being in the 1,500- 1,700 square feet range. • The lots in the proposed project are considerably larger than lots in the existing new subdivisions. • The homes in the project would not be tract home quality but would be closer to custom home quality. • As many as 49% of the homeowners in the project would not be income qualified. • Low and moderate income in Collin County for a family of four is in excess of $53,000 annual income • The foreclosure rate on the builder's homes in McKinney was zero but the McKinney homes were all less than five years old. The foreclosure rate in other HUT projects across the state was less than half the national rate for foreclosures of non-HIF units. • Access to the project is a problem and the developer/builder would attempt to secure an accessway on the east side of the project. The public hearing was closed at 8:22 p.m. 6. Consider action to authorize submission of Housing Infrastructure Fund grant application in amount not to exceed $400,000 for infrastructure improvements to support a single family residential housing project in the eastern part of the City of Anna, property being owned by Meltex, Inc. Councilman Caldwell made a motion to not submit the HIF application. Councilman Geren seconded the motion, which passed by the following vote: 5 Aye 0 Nay 0 Abstained Unanimous Motion Carried Mayor Pro Tem Montgomery made a brief statement in which he noted that the area on the east side of town would almost surely be opened to residential subdivision development over the next few years. He urged citizens to become more involved in city decision making and work with the council in making development decisions for the area that would benefit the area and community. 7. Public Hearing: Options for Local Law Enforcement The public hearing was opened at 8:22 p.m. Mr. Lawrence was recognized to provide background on this issue. He noted that there appeared to be three basic options for dealing with local law enforcement needs. These include: • Form a local police department • Contract with Collin County Sheriffs Department for dedicated officer(s) to serve the City of Anna 01-13-04 Council Minutes-Regular.doc Page 3 of 10 01/13/2004 • Continue the current arrangement through which Collin County provides service to the City as part of its service to residents and property owners in the county Mr. John Adams was recognized to say that he was opposed to forming a local police department. He did not want Anna to become like Westminster. Mr. Scott Morrison, an employee of the Sheriffs Office, encouraged the council to consider contracting with the Sheriffs Office. He argued that the City should focus on issues like fixing streets before setting up a local police force. The City would be better served by contracting with an agency with experience in the law enforcement field. Ms. Sue O'Neal asked what is the crime rate in Anna. Ms. Judy Hendricks was recognized to say that she did not believe that crime is a major problem in Anna. Mr. Dooley Wortham stated that he was opposed to a local police department and did not think that Anna needed a local police department at this time. Mr. Tim Overby stated that the City should take the budgeted $240,00 and give it to the Anna Volunteer Fire Department. Setting up a local police force would cost too much for Anna at this time. The public hearing was closed at 8:42 p.m. 8. Consider action as desired regarding local law enforcement service(s). Mr. Mosier moved that action on this item be tabled and asked that the staff be directed to provide more information to the council before any further decisions be made. Mr. Finley seconded the motion. 5 aye 0 Nay 0 Abstained Unanimous Motion Carried 9a. Public Hearing: Annexation request by Mr. Kemy Burleson for a 52.71 acre tract in the J. C. Brantley Survey, Abstract No. 114, located at 12300 CR 425. The public hearing was opened at 8:43 p.m. Mr. Lawrence was recognized to describe the location of the property. He noted that the Planning and Zoning Commission had recommended approval of the annexation. There was no public comment on this item. The public hearing was closed at 8:53 p.m. 9b. Consider action on annexation request by Mr. Kenny Burleson for a 52.71 acre tract in the J. C. Brantley Survey, Abstract No. 114, located at 12300 CR 425. 01-13-04 Council Minutes-Regular.doc Page 4 of 10 01/13/2004 Councilman Finley made a motion to approve the ordinance annexing the 52.71 acre tract in the I C. Brantley Survey, Abstract No. 114, located at 12300 CR 425. Councilman Mosier seconded the motion. 5 aye 0 Nay 0 Abstained Unanimous Motion Carried 10a. Public Hearing: Zoning request by Mr. Kerry Burleson for SF 72 Single Family Residential (49.4 acres) and C-1 Commercial (3.3 acres) zoning on a 52.71 acre tract in the I C. Brantley Survey, Abstract No. 114, located at 12300 CR 425. The public hearing was opened at 8:54 p.m. Mr. Lawrence was recognized to describe the zoning request. He noted that the Planning and Zoning Commission had recommended approval of the original zoning request. However, he noted that the property owner had amended his request to ask that the minimum house size on 25 percent of the lots in the tract be reduced to 1,200 square feet and that an additional 25 percent be reduced to 1,400 square feet. The public hearing was closed at 9:05 p.m. 10b. Consider recommendation of the Planning and Zoning Commission on a zoning request by Mr. Kenny Burleson for SF 72 Single Family Residential (49.4 acres) and C-1 Commercial (3.3 acres) zoning on a 52.71 acre tract in the 7. C. Brantley Survey, Abstract No. 114, located at 12300 CR 425. Mayor Pro Tem Montgomery made a motion deny the request without prejudice and to send the zoning request back to the Planning and Zoning Commission, given the change in the zoning request. Councilman Finley seconded the motion. 5 aye 0 Nay 0 Abstained Unanimous Motion Carried Mayor Pelham called for a break at 9:10 p.m. Mayor Pelham called meeting back to order at 9:20 p.m. 11. Consider action on recommendation of Planning and Zoning Commission regarding combined preliminary/final plat for Fille Brown Addition. Councilman Mosier made a motion to approve combined preliminary/final plat for Fille Brown addition. Councilman Finley seconded the motion. 5 aye 0 Nay 0 Abstained Unanimous Motion Carried 12. Consider action on recommendation of Planning and Zoning Commission regarding amended plat for Oak Hollow Estates, Phase 2. Mayor Pro Tem Montgomery made a motion to approve amended plat for Oak Hollow Phase 2. Councilman Mosier seconded the motion. 5 aye 0 Nay 0 Abstained Unanimous Motion Carried 01-13-04 Council Minutes-Regular.doc Page 5 of 10 01/13/2004 13. Consider action on recommendation of Planning and Zoning Commission regarding amended plat for Oak Hollow Estates, Phase 3. Mr. Mark Paquette of Carter and Burgess was present to represent Ryland Homes. He provided a brief explanation of the request and answered questions. Councilman Finley made a motion to approve amended plat for Oak Hollow Estates Phase 3. Councilman Mosier seconded the motion 5 aye 0 Nay 0 Abstained Unanimous Motion Carried 14. Consider action on recommendation of Planning and Zoning Commission regarding final plat for Oak Hollow Estates, Phase 4. Mayor Pro Tem Montgomery made a motion to approve final plat for Oak Hollow Estates Phase 4, conditional on resolution of the drainage easement issue discussed in the review letter submitted by Morris Engineers and included in the agenda packet. Councilman Mosier seconded the motion. 5 aye 0 Nay 0 Abstained Unanimous Motion Carried 15. Consider action on recommendation of Planning and Zoning Commission regarding final plat for Oak Hollow Estates, Phase S. Mr. Lawrence was recognized to note that there was one issue of concern regarding the plat. The issue revolved around the question of whether the developer should be responsible for locating a water line along the south edge of the property, along CR 367. After discussion of this issue, Councilman Finley made a motion to table action on the final plat for Oak Hollow Estates, Phase 5, pending resolution of the disagreement on this issue. Councilman Geren seconded the motion. Mr. Lawrence asked Mr. Paquette if he would waive the 30 day review requirement for the plat. Mr. Paquette agreed that he would do so. 5 aye 0 Nay 0 Abstained Unanimous Motion Carried 16. Consider action on FY 2003-04 budget for Anna Economic Development Corporation. Councilman Finley made a motion to approve 2003-04 budget for Anna Economic Development Corporation, as presented to the council and attached to these Minutes. Councilman Caldwell seconded the motion. 5 aye 0 Nay 0 Abstained Unanimous Motion Carried 17. 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 purchase, exchange, lease, or value of real property. (Government Code, Chapter 551.072) Councilman Mosier made a motion to go into executive session. Councilman Caldwell seconded the motion. 5 aye 0 Nay 0 Abstained Unanimous Motion carried at 10:08 p.m. 01-13-04 Council Minutes-Regular.doc Page 6 of 10 01/13/2004 Return to open session. Councilman Mosier made a motion to return to open session. Councilman Geren seconded the motion 5 aye 0 Nay 0 Abstained Unanimous Motion carried at 10:26 p.m. 18. Consider and act upon items listed under item 17 Executive Session, as necessary. a. Consider adoption of resolution declaring a public necessity to acquire an easement on 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. The easement is located within a 48.000 acre tract owned by Paula Powell, located on CR 367, Collin Appraisal District Parcel Number R- 6868-000-0130-1, recorded in Volume 569, Page 328, Collin County Deed Records. The easement is 30' in width, from the west line to the east line through the north part of the 48.000 acre tract, and will be used for location of utility lines and appurtenances. b. Consider adoption of resolution declaring a public necessity to acquire an easement on property as described in the attached Exhibit B, authorizing the employment of Wolfe, Tidwell & McCoy, LLP, attorneys, and directing them to make a final offer for the property, and to institute proceedings in eminent domain. The easement is located within a 48.000 acre tract owned by Paula Powell, located on CR 367, Collin Appraisal District Parcel Number R-6868-000-0130-1, recorded in Volume 569, Page 328, Collin County Deed Records. The easement is 30' in width, from the west line to the east line through the north part of the 48.000 acre tract, and will be used for location of electric utility lines and appurtenances. C. Consider adoption of resolution declaring a public necessity to acquire a buffer zone easement on property as described in the attached Exhibit C, authorizing the employment of Wolfe, Tidwell & McCoy, LLP, attorneys, and directing them to make a final offer for the property, and to institute proceedings in eminent domain. The easement is located within a 48.000 acre tract owned by Paula Powell, located on CR 367, Collin Appraisal District Parcel Number R-6868-000-0130-1, recorded in Volume 569, Page 328, Collin County Deed Records. The easement includes 1.6 acres of land at the east edge of the 48.000 acre tract, adjacent to the City of Anna wastewater treatment plant. d. Consider adoption of resolution declaring a public necessity to acquire an easement on property as described in the attached Exhibit D, authorizing the employment of Wolfe, Tidwell & McCoy, LLP, attorneys, and directing them to have the property described in Exhibit D appraised, to make a final offer for the property, and to institute proceedings in eminent domain. The easement is located within a 2.5 acre tract owned by Paula Powell, located on CR 367, recorded in instrument #98-0047098, Collin County Deed Records (W. E. Portman's 2.5 acre tract). The easement is 30'X 40', located at the 01-13-04 Council Minutes-Regular.doc Page 7 of 10 01/13/2004 northwest comer of the 2.5 acre tract, and will be used for location of utility lines and appurtenances. e. Consider adoption of resolution declaring a public necessity to acquire an easement on property as described in the attached Exhibit E, authorizing the employment of Wolfe, Tidwell & McCoy, LLP, attorneys, and directing them to make a final offer for the property, and to institute proceedings in eminent domain. The easement is located within a 60.549 acre tract owned by Julia Jackson Gray, located on CR 370, Collin Appraisal District Parcel Number R-6288-000-0010-1, recorded in Volume 1234, Page 590, Collin County Deed Records. The easement is 20' in width, along the east side of the 60.549 acre tract, and will be used for location of utility lines and appurtenances. f. Consider adoption of resolution declaring a public necessity to acquire a sanitary control easement on property as described in the attached Exhibit F, authorizing the employment of Wolfe, Tidwell & McCoy, LLP, attorneys, and directing them to make a final offer for the property, and to institute proceedings in eminent domain. The easement is located within a 60.549 acre tract owned by Julia Jackson Gray, located on CR 370, Collin Appraisal District Parcel Number R-6288-000-0010-1, recorded in Volume 1234, Page 590, Collin County Deed Records. The sanitary control easement includes 0.12 acres, along the north edge of the 60.549 acre tract. g. Consider adoption of resolution declaring a public necessity to acquire a sanitary control easement on property as described in the attached Exhibit G, authorizing the employment of Wolfe, Tidwell & McCoy, LLP, attorneys, and directing them to make a final offer for the property, and to institute proceedings in eminent domain. The easement is located within a 51.159 acre tract owned by Julia Jackson Gray, located on CR 370, Collin Appraisal District Parcel Number R-6288-000-0020-1, recorded in Volume 4667, Page 1586, Collin County Deed Records. The sanitary control easement includes 0.09 acres, along the north edge of the 51.159 acre tract. h. Consider adoption of resolution declaring a public necessity to acquire an easement on property as described in the attached Exhibit H, authorizing the employment of Wolfe, Tidwell & McCoy, LLP, attorneys, and directing them to have the property described in Exhibit H appraised, to make a final offer for the property, and to institute proceedings in eminent domain. The easement is located within a 77.130 acre tract owned by George Fleming West, located on CR 455, Collin Appraisal District Parcel Number R-6071-000-0040-1, recorded in Volume 3291, Page 860, Collin County Deed Records. The easement is 20' in width, located along the west edge of the 77.130 acre tract, and will be used for location of utility lines and appurtenances. i. Consider adoption of resolution declaring a public necessity to acquire an easement on property as described in the attached Exhibit I, authorizing the employment of Wolfe, Tidwell & McCoy, LLP, attorneys, and directing them to have the property described in Exhibit I appraised, to make a final offer for the property, and to institute proceedings in eminent domain. The easement is located within a 9.890 acre tract owned by James Lynn Vandagriff and Helen Vandagriff, located on CR 367, Collin Appraisal District Parcel Number R-6823-000-0040-1, recorded in Volume 569, Page 328, Collin County 01-13-04 Council Minutes-Regular.doc Page 8 of 10 01/13/2004 Deed Records. The easement is 20' in width, located along the south edge of the 9.890 acre tract, and will be used for location of utility lines and appurtenances. j. Consider adoption of resolution declaring a public necessity to acquire property as described in the attached Exhibit J, authorizing the employment of Wolfe, Tidwell & McCoy, LLP, attorneys, and directing them to have the property described in Exhibit J appraised, to make a final offer for the property, and to institute proceedings in eminent domain. The property is located within a 0.5993 acre tract owned by Powell Grain Co, located on State Highway 5 (N. Powell Parkway), Collin Appraisal District Parcel Number R-6114-000-0220-1. The property includes a 60' wide right-of-way from the west edge to the east edge of the tract and will be used for location of a roadway. k. Consider adoption of resolution declaring a public necessity to acquire property as described in the attached Exhibit K, authorizing the employment of Wolfe, Tidwell & McCoy, LLP, attorneys, and directing them to have the property described in Exhibit K appraised, to make a final offer for the property, and to institute proceedings in eminent domain. The property is located within a 6.0600 acre tract owned by Powell Gin, located on State Highway 5 (N. Powell Parkway, Collin Appraisal District Parcel Number R- 6114-000-0220-1. The property includes a 60' wide right-of-way from the west edge to the east edge of the tract and will be used for location of a roadway. Mayor Pro Tem Montgomery made a motion to adopt Resolutions a,b,c,d, and i. Councilman Goren seconded the motion 5 aye 0 Nay 0 Abstained Unanimous Motion Carried Mayor Pro Tem Montgomery made a motion to table action Resolution a and ask the City's consulting engineer to review options regarding the proposed water line routing. Councilman Caldwell seconded the motion 5 aye 0 Nay 0 Abstained Unanimous Motion Carried Mayor Pro Tem Montgomery made a motion to approve resolutions f and g. Councilman Caldwell seconded the motion 5 aye 0 Nay 0 Abstained Unanimous Motion Carried Mayor Pro Tem Montgomery made a motion to table action on resolutions It, j. and k. Councilman Finley seconded the motion 5 aye 0 Nay 0 Abstained Unanimous Motion Carried 19. Update on current projects. a. Anna Ranch — Mr. Lawrence noted that the City had been in conversations with parties that were interested in developing a 400-800 acre area at the south boundary of the city, between Anna and Melissa. b. Status Report - 2003 development activity — Mr. Lawrence noted that the City had issued 350 single family residential building permits in 2003, an increase over 220 issued in 2003. 20. Staff reports and items for discussion. 01-13-04 Council Minutes-Regular.rloc Page 9 of 10 01/13/2004 Council agreed to park the new Building Inspection truck at Ty Chapman's home. Mayor Pro Tem Montgomery asked the staff to publish notices in the Anna -Melissa Tribune as well as the City's official paper. 21. Consider approval of Minutes for the following meetings: September 20, 2003 September 23, 2003 December 9, 2003 December 16, 2003 January 5, 2003 No action was taken on the Minutes. 22. Financial report. Mr. Wayne Cummings presented the Council with a Financial Report No action was taken on the financial report. 23. Payment of bills. Councilman Mosier made a motion to approve the bills. Councilman Finley seconded the motion 5 Aye 0 Nay 0 Abstained Unanimous Motion Carried 24. Adjourn. Councilman Mosier made a motion to adjourn. Councilman Caldwell seconded the motion. 5 Aye 0 Nay 0 Abstained Unanimous Motion carried at 11:06 p.m. leth L. Pel am, Mayor ATTEST: Wayne E.'Cummings, City Secre ary 01-13-04 Council Minutes-Regular.doc Page 10 of 10 01/13/2004