Loading...
HomeMy WebLinkAbout2004-02-10 Regular Meeting Minutesu tfri LUTim CITY OF ANNA REGULAR CITY COUNCIL MEETING February 10, 2004 7:30 PM Community Room, Texas Star Bank The City Council of the City of Anna met in Regular Session at 7:30 p.m., Tuesday, February 10, 2004, at the Community Room, Texas Star Bank, located at 402 W. White Street (FM 455), to consider the following items: 1. Call to Order. Mayor Kenneth 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 Lynn Mosier, Councilman Chris Caldwell, Councilman J. W. Finley Jr., and Councilman John Geren. 3. Consider citizen comments and presentations. No comments or presentations were made. 4. 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) and to consult with legal counsel on matters 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). Mayor Pro -Tem Mark Montgomery made motion to enter into executive session. Councilman Chris Caldwell seconded the motion 5 Aye 0 Nay Unanimous Motion carried Council entered into Executive Session at 7:32 p.m. Council returns to open session at 8:29 p. m. 5. Consider and act upon items listed under item 4 Executive Session, as necessary. Consider adoption of resolutions declaring a public necessity for the public welfare and convenience to acquire easements on the property described below, authorizing the City Administrator and his staff and Wolfe, Tidwell & McCoy, LLP, attorneys, to acquire the easements by any lawful means including but not limited to negotiations with landowners and, if necessary proceedings in eminent domain; directing the City Administrator and his staff and Wolfe, Tidwell & McCoy, LLP, attorneys, to have the property described below appraised 02-10-04 Council Minutes Regular.rloc Page 1 of 5 02/10/2004 by a certified appraiser, to make a final offer for easements on the property, and, if necessary, to institute proceedings in eminent domain. a. An easement 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, to be used for location of utility lines and appurtenances. b. An easement 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, to be used for location of electric utility lines and appurtenances. C. A buffer zone easement 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 buffer zone 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. An easement 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 northwest comer of the 2.5 acre tract, to be used for location of utility lines and appurtenances. e. An easement 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, to be used for location of utility lines and appurtenances. f An easement 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. An easement 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. An easement located within a 19.500 acre tract owned by George F. West, located on FM 455 (W. White Street), Collin Appraisal District Parcel Number R-6331-000-0040-1, recorded in Volume 5267, Page 7463, Collin County Deed Records. The easement area includes 0.095 acres and is 20' in width, along the south side of the 19.500 acre tract, to be used for location of utility lines and appurtenances. 02-10-04 Council Minutes Regular.doc Page 2 of 5 02/10/2004 Consider adoption of resolutions declaring a public necessity for the public welfare and convenience to acquire properties described below, authorizing the City Administrator and his staff and Wolfe, Tidwell & McCoy, LLP, attorneys, to acquire the properties by any lawful means including but not limited to negotiations with landowners and, if necessary proceedings in eminent domain; directing the City Administrator and his staff and Wolfe, Tidwell & McCoy, LLP, attorneys, to have the properties described below appraised by a certified appraiser, to make a final offer for the properties, and, if necessary, to institute proceedings in eminent domain. a. Property located along the north edge of a 32.360 acre tract owned by Marthe Adams, located on CR 366, Collin Appraisal District Parcel Number R-6505-000-0090-1, recorded in Volume 2605, Page 654, Collin County Deed Records. The property is to be used as right-of- way for a public thoroughfare. b. Property located along the north edge of an 11.5 acre tract owned by Verline McCoy, located on CR 366, Collin Appraisal District Parcel Number R-6505-000-0100-1. The property is to be used as right-of-way for a public thoroughfare. C. Property located along the south edge of a 3.273 acre tract owned by Seminole 20 Ltd, located on CR 366, Collin Appraisal District Parcel Number R-6505-000-0170-1, recorded in Volume 5219, Page 2519, Collin County Deed Records. The property is to be used as right-of- way for a public thoroughfare. d. Property located along the south edge of a 22.986 acre tract owned by Titan Properties, located on CR 366, Collin Appraisal District Parcel Number R-6505-000-0040-1, recorded in Volume 5434, Page 3650, Collin County Deed Records. The property is to be used as right-of- way for a public thoroughfare. e. Property located along the south edge of a 3.273 acre tract owned by Titan Properties, located on CR 366, Collin Appraisal District Parcel Number R-6505-000-0140-1, recorded in Volume 5434, Page 3650, Collin County Deed Records. The property is to be used as right-of- way for a public thoroughfare. Mayor Pro -Tem Mark Montgomery made motion to approve resolutions for items a -h relating to properties owned by Paula Powell, Julia Jackson Gray and Granger West and to take no action on resolution for second group of properties a -c, relating to properties owned by Martha Adams, Verline McCoy, Seminole 20 Ltd and Titan Properties. Councilman J.W. Finley Jr. seconded the motion. 5 Aye 0 Opposed Unanimous Motion carried 6. Consider and take action as desired regarding Fiscal Year 2002-2003 audit. Auditor Rod Abbott of Gregg and Company presented 2002-2003 Fisical Year Audit report. 02-10-04 Council Minutes Regular.doc Page 3 of 5 02/10/2004 Councilman Lynn Mosier made motion to table action on the audit until next meeting of 02/24/04. Councilman Chris Caldwell seconded the motion. 5 Aye 0 Opposed Unanimous Motion carried 7. Consider authorization of seeking proposals for facilities plan, including presentation by Urban Design Group, Inc. Councilman J. W. Finley Jr. made motion to accept request for proposal study for facilities plan. Councilman Lynn Mosier seconded the motion. 5 Aye 0 Oppose Unanimous Motion carried 8. Consider action on Agreement between the Skorburg Company and the City of Anna regarding acquisition of property for right-of-way for thoroughfare development along CR 366. Mayor Pro -Tem Mark Montgomery made motion to table action on proposed agreement. Councilman John Germ seconded the motion. 5 Aye 0 Oppose Unanimous Motion carried 9. Consider resolution establishing a public hearing date to consider land use assumptions and capital improvements plan for the designated service area for the purpose of possible adoption of impact fees. Mayor Pro -Tem Mark Montgomery made motion to set time and date for public hearing to consider land use assumptions and capital improvements plan for the designated service area for the purpose of possible adoption of impact fees. Councilman Lynn Mosier seconded the motion. 5 Aye 0 Opposed Unanimous Motion carried 10. Mayor and City Council orders General Election for May 15, 2004 to elect three City Council Members. Council took a 10 minute break at 9:40 p.m. and returned at 9:50 p. m. 11. Update on current projects. a. Traffic signal at intersection of S. Powell Parkway and W. White Street. Council was advised by Mayor Pelham that TXDOT had approved signal light at intersection and that signal should be installed prior to September 2004. b. Infrastructure improvements status report. Council also briefly discussed options for providing local law enforcement and web site 02-10-04 Council Minutes Regular.doc Page 4 of 5 02/10/2004 development. 12. Staff reports and items for discussion. None 13. Consider approval of Minutes for the following meetings: September 20, 2003 September 23, 2003 December 9, 2003 December 16, 2003 January 5, 2004 January 13, 2004 Councilman J. W. Finley Jr. made motion to approve the minutes September 20, September 23, and December 9th. Councilman John Geren seconded the motion. 5 Aye 0 Opposed Unanimous Motion carried 14. Financial report. Councilman John Geren made motion to table the financial report. Councilman J.W. Finley Jr. seconded the motion. 5 Aye 0 Oppose Unanimous Motion carried 15. Payment of bills. Councilman John Geren made motion to pay the bills. Councilman Lynn Mosier seconded the motion. 5 Aye 0 Opposed Unanimous Motion carried 16. Adjourn. Councilman Lynn Mosier made motion to adjourn. Councilman John Geren Seconded the motion. 5 Aye 0 Opposed Unanimous Motion carried �I enn�ham, Mayor ATTEST: / Wayne E. Cummings, City Secretary 02-10-04 Council Minutes Regular.doc Page 5 of 5 02/10/2004