HomeMy WebLinkAbout2004-04-27 Regular Meeting MinutesMINUTES
CITY OF ANNA
REGULAR CITY COUNCIL MEETING
Apr1127, 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, April 27,
2004, at the Community Room, Texas Star Bank, located at 402 W. White Street (FM 455), and
considered the following items:
1. Call to Order.
Mayor Kenneth Pelham called the meeting to order at 7:36 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„ Councilman John Geren,
Councilman Chris Caldwell and Councilman Lynn Mosier.
3. Consider citizen comments and presentations.
None.
4. Anna Volunteer Fire Department
a. Review of monthly reports
Councilman Lynn Mosier requested that a meeting be set up with Volunteer Fire
Department. He also asked that the staff research actions Fire Marshal can take for
violations. Will Fire Marshal or Code Enforcement Officer issue citations?
5. Consider action on a Resolution of the City of Anna, Texas providing for approval of a
contract for water purchase from the Greater Texoma Utility Authority (GTUA);
authorizing execution of said contract; acknowledging and accepting the water purchase
contract between GTUA and the North Texas Municipal Water District; authorizing
GTUA to accept and execute loan documents with the Texas Water Development Board
to fund a water transmission project providing treated water for the Cities of Anna,
Melissa, Van Alstyne, Howe, and other interested cities; authorizing GTUA to administer
the above referenced loan and the treated water transmission project thereby; and
authorizing GTUA to execute and administer various contracts required to implement a
water transmission project on behalf of the City of Anna.
Jerry Chapman G.T.U.A. General Manager, gave presentation on the 2004-04-02
Resolution of the City Of Anna.
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Councilman Lynn Mosier made motion to table to allow the City's attorney to have time
to look at the contract. Mayor Pro Tem Mark Montgomery seconded the motion.
5 Aye 0 Nay 0 Abstain Unanimous Motion Carried
6. EXECUTIVE SESSION: Under terms of Chapter 551 of Texas Government Code the
City Council may enter into CLOSED SESSION or Executive Session 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).
Councilman J.W. Finley Jr., made motion for Council to move into Executive Session.
Mayor Pro Tem Mark Montgomery seconded the motion.
5 Aye 0 Nay 0 Abstain Unanimous Motion Carried
Council moved into Executive Session at 8:43 p.m.
Council returned to open session at 9:35 p.m.
7. Consider and act upon items listed under Item 6 Executive Session, as necessary.
Councilman J. W. Finley made motion to take no action at this time. Councilman Lynn
Mosier seconded the motion.
8. Consider actions regarding revisions to Personnel Policies Manual.
Mayor Pro Tem made motion to approve revisions to Personnel Policies Manuel with
added changes to Section 2.03 to add Chief of Police to be included among department
heads that the Council has final say in hiring and revise Section 4.0 (d) by removing the
words "up to and including discharge." Councilman Lynn Mosier seconded the motion
5 Aye 0 Nay OAbstained Unanimous Motion Carried
9. Consider action on selection of thoroughfare route for CR 366.
Lee Lawrence presented brief history on CR 366 Thoroughfare Route
Ms. Robin Luscombe, 1320 CR 366, asked the Council to consider an alternate route.
JimTemplin expressed concern that developer will use land and give nothing back. He
also stated that the administrator has lied to them time and again. Jessica Hulsey stated
that the City of Anna has obligation to history of Anna and homeowners. Be fair to land
owners and development. Sam Luscombe stated that he had hired a traffic engineer to
study alternate routes and requested 45 days to complete study. Leslie Luscombe also
asked for delay. She stated that safety issues are involved concerning her family. Carol
Lee Downs noted that this issue can be resolved with some creative thinking. Joe Tatum
requested that council table the item to give traffic engineer the time he needs. Lee
Lawrence explained that until right of way issues are resolved, improvements to the road
cannot be made.
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Mayor Pro -Tem Mark Montgomery made motion to table CR 366 Thoroughfare Route
selection to give engineer 45 days to do study. Councilman Lynn Mosier seconded
motion.
4 Aye 1 Oppose (Councilman John Geren) Motion carried
10. Public Hearing:
The purpose of this hearing is to consider the adoption of an impact fee. The proposed
impact fee per service unit is an amount not greater than $2,712.50 for the water impact
fee and an amount not greater than $2,643.50 for the sanitary sewer impact fee. Any
member of the public has the right to appear at the hearing and present evidence for or
against the land use assumptions, capital improvements plan, and/or impact fee.
Public hearing opened at 10:21 p.m.
Mr. Lawrence explained that the Impact fee law only allows charges up to one-half of
projected capital improvements costs. The Impact fee Advisory Committee or
commended a fee of $1500 each for water and sewer. Elizabeth James, resident of
Sheffield Farms, stated that the fee should be more than $1500 each. Dolores Womack,
11245 CR 527, suggested impact fees of $2000.00 each.
Public Hearing closed at 10:33 p.m.
11. Consider ordinance adopting water and sanitary sewer impact fees.
Mayor Pro Tem Mark Montgomery made motion to pass ordinance with a $2000.00
impact fee for water and $2000.00 impact fee for sewer.
4 Aye 1 Abstain (Councilman John Geren) Motion Carried
12. Consider action on ordinance annexing 105.475 acre Gordon E. Davis tract, located in the
G. Stark Survey, A-798, on the south side of E. White Street (FM 455), approximately
0.5 miles east of S. Powell Parkway (SH 5).
Break taken at 10:12 p.m.
Meeting resumed at 11:02 p.m.
Council member Lynn Mosier Left meeting.
13a. Public Hearing:
To consider public comment on a zoning request by Gordon Davis on behalf of Primrose
Partners, for Planned Development (PD) zoning of an approximately 105.5 acre tract
located on the south side of E. White Street (FM 455) located adjacent to and west of
Wildwood Farms Estates. The zoning request includes 20 acres to be zoned for General
Commercial uses and approximately 85 acres to be zoned for single family residential
uses.
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Public Hearing opened at 11:04 p.m. There were no comments.
13b. Consider action on a zoning request by Gordon Davis on behalf of Primrose Partners, for
Planned Development (PD) zoning of an approximately 105.5 acre tract located on the
south side of E. White Street (FM 455) located adjacent to and west of Wildwood Farms
Estates. The zoning request includes 20 acres to be zoned for General Commercial uses
and approximately 85 acres to be zoned for single family residential uses.
Owner of property asked that this item be tabled.
Councilman J.W. Finley made motion to table action on zoning request by Gordon Davis
and Primrose Partners. Councilman Chris Caldwell seconded the motion.
4 Aye 0 Opposed Motion carried
14. Public Hearing:
The City of Anna will hold the first of two public hearings regarding annexation of the
following tract/location. This public hearing is an opportunity for citizens of Anna to
comment on the proposed annexation.
A 59.574 acre tract in the G. Stark Survey, Abstract No. 798, owner being Ann Warren
Hayslett, located on the south side of E. White Street (FM 455), south of Wildwood
Estates subdivision and east of Town Center area.
Public Hearing opened at 11:14 p.m.
Mike Jennings, resident of La Paloma subdivision, expressed concern about density.
Public Hearing closed at 11:21 p.m.
15. Consider request by Villages of Hurricane Creek, L.P., for extension of preliminary plat
for the Bradley and Weaver proposed development containing approximately 376 acres
located west of U. S. Highway 75 on the north side of W. White Street (FM 455).
Councilman Chris Caldwell made motion to table action on this item. Councilman J. W.
Finley Jr. seconded the motion.
4 Aye 0 Oppose Motion carried
16. Consider action of Planning and Zoning Commission recommendation on preliminary
plat for Sweetwater Crossing.
Councilman J.W. Finley made motion to approve preliminary plat for Sweetwater
Crossing with the name of Sweetwater Boulevard to be changed. Councilman John
Geren seconded motion.
3 Aye 1 Opposed (Mayor Pro -Tem Mark Montgomery) Motion carried
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17. Consider action of Planning and Zoning Commission recommendation on combination
preliminary/final plat for Savannah Addition.
Mayor Pro -Tem Mark Montgomery made motion to approve action on above P&Z
recommendation.
4 Aye 0 Opposed Motion carried
18. Consider action on ordinance revising Landscape Regulations.
Mayor Mark Pro -Tem Mark Montgomery made motion to approve Landscape
Regulations with change of 2 small trees for 1 large tree with Building Inspectors
approval. Councilman John Geren seconded motion.
4 Aye 0 Opposed Motion carried
19. Public Hearing:
To consider public comment on proposed revisions to the Subdivision Regulations of the
City, including defining the term `official filing date", changing definition of
"combination plat", requiring electronic copies of preliminary and final plats, requiring
minimum width for residential driveways, requiring sodding of residential lots, requiring
plan for on-site infrastructure facilities on preliminary plat, requiring master plats under
some circumstances, requiring plats to conform to City plans and regulations.
Public Hearing opened at 11:39 p.m.
No comments were received.
20. Consider action on ordinance revising Subdivision Regulations.
Mayor Pro -Tem Mark Montgomery made motion to approve the ordinances amending
the Subdivision Ordinance by defining the term "filing date of plat', also defining
the term "official filing date":
2.27 Filing date of plat (official filing date) shall mean the date on which the Zoning
Administrator certifies in writing that the plat application is complete in
accordance with the regulations governing submission requirements in ordinance.
2.2.8.2. Official filing date of plat shall mean the date on which the Zoning Administrator
certifies in writing that the plat application is complete in accordance with the
regulations governing submission requirements in ordinance.
4.4.3. The Planning And Zoning Commission shall:
within thirty (30) days after the official filing date of the preliminary plat
4.4.4. The Planing and Zoning Commission shall:
a Act within thirty (30) days after the official filing date of the final plat and
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engineering plans.
4.5. Combination Preliminary and Final Platt
The subdivider may, at his option, elect to combine the preliminary plat and final
plat whenever the subdivision:
a. involves the division of a tract or parcel into no more than four (4) lots.
5.1.6. An Vector Image Auto Cade 2004 or 2005 copy of the preliminary plat shall be
provided to the City at the time of submission of the plat.
5.2.17. An Vector Image Auto Cade 2004 or 2005 copy of the final plat shall be
provided to the City at the time of submission of the plat.
Driveways serving residential lots shall be 18 feet minimum width.
8.10. Siding of Yards: Front, side and back yards shall be sodded with a grass
suitable for the climate and soils of the region (typically Bermudagrass or St.
Augustine).
5.1.3.7. The preliminary plat shall show the proposed plan for on —site water and
sanitary sewer utilities, drainage systems, streets, and thoroughfares.
5.1.3.10. If the proposed subdivision is a portion or a tract that is to be later subdivided
then a master plat of the entire tract shall be submitted with the preliminary plat
of the portion of the preliminary plat except the drawing scale may be modidied
for presentation purpose.
5.1.3.11. The preliminary plat and master plat, if required, shall conform to the City's
plan for water, sewer, drainage and thoroughfare systems, the land use
use plan, zoning regulations and the standards and specification of this
ordinance.
Councilman Chis Caldwell seconded the motion.
4 Aye 0 Opposed Motion carried
21. Consider action on Ordinance revising Sign Regulations.
Mayor Pro -Tem Mark Montgomery made motion to approve the revisions to the Sign
Regulations to include provision that off-site outdoor signs are prohibited, and that off-
site outdoor signs shall include signs painted on structures and fences. Also temporary
promotional signs for residential subdivisions shall be limited to subdisisions located
inside the corporate limits of the City Of Anna. The Code Enforcement Officer is
authorized to remove signs that are in violation of this provision. Councilman J. W.
Finley Jr. seconded the motion.
4 Aye 0 Opposed 0 Abstain Motion carred
22. Consider action on Sweetwater Crossing Facilities Agreement.
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No action taken.
22. Financial report.
Councilman John Geren made motion to approve the financial report. Councilman J. W.
Finley Jr. seconded the motion.
4 Aye 0 Opposed Motion carried
23. Payment of bills.
Councilman J. W. Finley Jr. made motion to pay the bills. Councilman John Geren
seconded the motion.
4 Aye 0 Opposed Motion carried
Addendum
Consider approval of Ordinance No. 2001-09 by replacing the Exhibit A in Ordinance
No. 2001-09, which references a 19.784 acre tract, with a corrected Exhibit A describing
the entire 66.741 acre tract, that reflects the actual action intended by the City Council
when passing the original Ordinance No. 2001-09.
Mayor Pro -Tem Mark Montgomery made motion to approve ordinance amending
Ordinance No. 2001-09 to include the in legal description of the 66.741 acre tract that
correctly describes the Creekside subdivision. Councilman Chris Caldwell seconded the
motion.
4 Aye 0 Opposed Motion Carried
24. Adjourn.
Councilman Chris Caldwell made motion to adjourn. Councilman J. W. Finley Jr.
seconded the motion.
4 Aye 0 Opposed Motion carried
a�
teth L. Pelham, Mayor
ATTEST:
Wayne P. Cummings, City Secretary
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