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HomeMy WebLinkAbout2004-07-27 Regular Meeting MinutesMINUTES CITY OF ANNA REGULAR CITY COUNCIL MEETING July 27, 2004 7:00 PM Community Room, Texas Star Bank The City Council of the City of Anna met in Regular Session at 6:30 p.m., Tuesday, July 27, 2004, at the Community Room, Texas Star Bank, located at 402 W. White Street (FM 455), to consider the following items: Call to Order. Mayor Kenneth Pelham called to meeting to order at 6:38 pm. 2. Roll Call and Establishment of Quorum. Members present included Mayor Kenneth Pelham, Council members J. W. Finley, John Garen, and Lynn Mosier. Council member Chris Caldwell was absent. Mr. Montgomery arrived at 6:59 pm. Work Session/Council Briefing. Lee Lawrence approached the Council to discuss current trash pickup, the contract renewal option approaching and the possibility of a commercial service. Wayne Cummings stated that most cities in the area had dumpsters and were billed through their water bills for trash service. Rates were set for each size and type, but the city did not handle roll -offs; a franchise company had to provide the roll -offs. Lawrence advised that if a change in the current agreement, to include commercial service, is wanted, the change needs to be dealt with rather quickly, due to the 90 -day clause in the current agreement, which is up for renewal. John Garen asked that the bid be open to include the commercial service. Mr. Lawrence also addressed Council and Board meeting procedures. New procedures were handed out to Council members. These procedures have been adopted by many cities and were taken almost verbatim from City of McKinney policies. Implementation will expedite meetings and keep order during the sessions. County road naming is still pending and overdue. A decision needs to be made on closure and acceptance of any additional changes. Two weeks recommended as the maximum by Lynn Mosier and J.W. Finley. Mr. Garen said that no more time should be provide and that it is time to finalize the road naming. Brief discussion ensued regarding county roads and the newspaper article stating that Collin County has approved that all white rock roads be paved, to eliminate dust and reduce costs involved with routine gravel and oil spreading. Minutes 07-27-04.doc Page 1 of 6 07-24-04 4. Consider citizen comments and presentations. Elizabeth James, 11548 Sheffield Farms, spoke about a benefit golf tournament with proceeds to be used by the organization "Clothe A Child" to provide clothing to children in need. It is scheduled for August 13, 2004 at Hurricane Creek Country Club. If the City of Anna would like to pull a team together, she would like to challenge us. She asked for city support. Four man teams are required, plenty of door prizes, even for the worst team. She advised that the Fire Department may be putting a team together for the event Gayle Giese, 2465 FM 2862 recommended tabling any more requests for annexation with regards to single-family homes. She suggested that until the City can ensure that there is adequate water to handle the need, the City should slow down or delay new development requests. 5. 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). The council reserves the right to return to executive session throughout this meeting. Closed Session began at 7:08, Motion by JW Finley, seconded by John Geren. Motion passed by vote of 4 - 0. Reopened to regular session at 8:16 pm. 6. Consider action on ordinance amending City of Anna Subdivision Regulations (Ordinance No. 2000-01) regarding requiring development plat. Public Hearing posted, but not listed on Agenda Mr. Lawrence stated that public input on the issue was welcomed but asked no action be taken and also asked Mr. McCoy (City Attorney) to discuss development plat This ordinance will extend to development outside the city limits. This will force contractors to meet regulations of the city. Sidewalk ordinance not imposed on existing subdivisions; intended for new development. Mr. McCoy explained how this ordinance will affect land owners who decide to build on their property. Assurance was given that it would not stop someone from building a barn on their property, but it will affect those property owners who decide to take their acreage and break it down into either formal or informal subdivisions for resale or who build on their property in such a way that it has the effect of creating an informal subdivision. Minutes 07-27-04.doc Page 2 of 6 07-24-04 Elizabeth James, 11548 Sheffield Farms, wanted to discuss the quality of life in Anna. She referenced the talks regarding Westminster and Anna and the MUD issue she said was not wanted by the Mayor. She stated the City of Anna needs to have larger homes and land tracts; developers buy these smaller homes and rent them out. She stated that this always happens with smaller residential homes. She also stated that the city needs to bring in commercial businesses to help tax base. The public hearing was closed at 8:41 pm. 7. Consider action on ordinance amending City of Anna Subdivision Regulations (Ordinance No. 2000-01) requiring sidewalks along arterials and frontage areas of development projects. The public hearing was opened at 8:42. There were no public comments. Mr. Lawrence stated that the purpose of the ordinance change was primarily to ensure that there were sidewalks along the perimeter of subdivision developments. No action taken at this time. The public hearing was closed at 8:44. 8a. Public Hearing: The owner of Lots 13 & 14, Block 0, Tara Farms Phase 4 has petitioned the City of Anna to replat said lots. The replat request involves revising the existing drainage easement on Lots 13 & 14, Block O, Tara Farms Phase 4, by reducing the drainage easement width on Lot 14 by two feet (from 10' to 8') and increasing the drainage easement width on Lot 13 by two feet (from 5' to 7'). This public hearing is an opportunity for citizens and interested parties to comment on the proposed replat. Should you desire to make a written response, a form is available for your convenience. The public hearing was opened at 9:02. No public comments were received. The public hearing was closed at 9:07 81b. Consider action on recommendation of Planning and Zoning Commission regarding replat of Lots 13 & 14, Block O, Tara Farms, Phase 4. Motion to approve replat by J. W. Finley; seconded by Lynn Mosier. Motion passed by vote of 4 - 0. 9. Consider action on recommendation of Planning and Zoning Commission regarding preliminary plat for Villages of Hurricane Creek. The City received a request from the developer to table this item per Lee Lawrence. Motion to table by Lynn Mosier; seconded by John Garen. Motion passed by vote of4-0. 10. Public Hearing: Minutes 07-27-04.doc Page 3 of 6 07-24-04 A public hearing will be held to consider an annexation request by Chee Soon Wah for 55 acre tract, said property being in the Robert A. Johnson Survey, Abstract No. 479 and the Ezra Shelby Survey, Abstract No. 839, located on south side of CR 367, approximately 0.75 miles east of Central Expressway South (US 75). Speakers at the hearing will be heard according to their order on a listing available at the council meeting. The public hearing was opened at 9:10 pm. Melinda Pettingill, 9889 Slater Creek, asked if this tract of land touched the lake. Mr. Lawrence displayed a map and showed her where the tract of land was and how it did not touch the lake. The public hearing was closed at 9:17 pm. 11. Public Hearing: A public hearing will be held to consider an annexation request by Santa Land Partners, Ltd., petition submitted by Mr. Dean Owen, Tract 1 of said property consisting of 184.41 acres located in the Samuel Moore Survey, Abstract No. 627, and the Robert Whitaker Survey, Abstract No. 1011, and Tract 2 of said property consisting of 5.04 acres located in the Samuel Moore Survey, Abstract No. 627, and the Robert Whitaker Survey, Abstract No. 1011, property being located along the east and west sides of the DART rail line between CR 1011 and CR 376. Speakers at the hearing will be heard according to their order on a listing available at the council meeting. The public hearing was opened at 9:18 pm. Several non-residents were concerned as to the lot sizes involved with this tract. Developer stated that there was a mixture of sizes ranging from 6000-7500 and that the creek will stay. Concern remained with regards to the single-family homes and lot sizes. The public hearing was closed at 9:22 pm. 12. Consider action as desired regarding selection process for position of Public Works Director. City staff will select 3 candidates for the Council to interview on August 3, 2004 at 7:00 pm. Motion to have staff select 3 candidates for Council to interview by J. W. Finley; seconded by John Garen. Motion passed by vote of 4 - 0. 13. Consider action as desired regarding bidding of solid waste collection services. Motion to open bids for solid waste collection and include commercial service, truck size and container provision by John Geren; seconded by J. W. Finley; Motion passed by vote of 4 - 0. 14. Consider action as desired regarding engagement of Gregg & Company to conduct annual audit(s). Minutes 07-27-04.doc Page 4 of 6 07-24-04 Motion to keep Gregg R Company as auditors by Lynn Mosier; seconded by J. W. Finley. Motion passed by vote of 4 - 0. 15. Consider action as desired regarding procedures for conduct of meetings. Motion to adopt procedures for conduct of meetings by J. W. Finley; seconded by John Geren. Vote was 2 — 2 with Lynn Mosier and Mark Montgomery opposed; Mayor Pelham voted in favor of the motion, which passed by a vote of 3 — 2. 16. Consider action on adoption of county road names. Motion to table road naming for 2 additional weeks to allow residents to submit their opinions and action to be finalized next council meeting by Lynn Mosier; seconded by John Geren. Motion passed by vote of 4 - 0. 17. Anna Volunteer Fire Department a. Review of monthly reports David Hunt gave a brief review of the Fire Department monthly reports Lynn Mosier commended the Fire Department in their handling of the Cunningham property fire incident a few weeks ago. Fire Chief David Hunt stated the investigation into the cause of the Fire was still pending. A brief discussion ensued regarding areas in the Anna Fire District but not in the city limits and how the county has a separate agreement with the Fire Department regarding those unincorporated areas. Mr. Hunt was asked about burning of vacant dilapidated structures. He speculated the "Burn Ban" will probably be in effect before the burning of these structures can be completed. A large quantity of sand located on Highway 5 was of concern and brought to David Hunt's attention by several council members, due to the safety hazard. Hunt will contact the highway department due to the safety concern. Lynn Mosier asked what the dollar amount of the budget for the Fire Department was for last year. He recommended increasing the budget to $72,000, leaving enough money for trucks and allowing a new pump truck to be purchased. A few of the older trucks would be used as trade in. David Hunt also stated that he has been applying for several grants. 18. Consider approval of Minutes of meetings of February 10, 2004; February 3, 2004; February 18, 2004; May 25, 2004; June 8, 2004; June 22, 2004; June 29, 2004; and July 12, 2004. Motion to table by Lynn Mosier; seconded by JW Finley. Motion passed by vote of 4-0. 19. Staff report(s) and discussion of other issues, including suggestions for future agenda items, as desired by city council members and staff. Minutes 07-27-04.doc Page 5 of 6 07-24-04 a. EDC appointments/reappointments b. CDC appointments/reappointments c. Water supply status report d. Budget review process General guidelines regarding bylaws for the Board appointments, these appointments need to be made by next Council session. Comments were made regarding the outstanding jobs done by the current board members. McKinney has approved the agreement with GTUA and the cities of Howe, Van Alstyne, Melissa, and Anna regarding the use of McKinney line system for transport of the water between cities. Mr. Lawrence noted that this was a major accomplishment and he believed that the agreement will be on the next agenda. Budget reviews will take additional meetings in August, in order to move forward with this. At least an hour needs to be spent on the budget at the next meeting (August 10t') in addition to probably having another day after that. 20. Consider approval of Financial Report for period ending June 30, 2004. No action was taken. This item was incorrectly placed on the agenda; action was taken at the last council session. 21. Consider action on payment of bills. Three large items noted on the bill; they were clarified to be large purchases made by the Fire Department. Motion to pay all bills by J. W. Finley; seconded by Lynn Mosier. Motion passed by vote of 4 - 0. 22. Adjourn. Motion to adjourn at 9:57 by Lynn Mosier; seconded by Mark Montgomery. Motion passed by vote of 4 - 0. Mark Montgomery, Mayor ro-S m ATTEST: Wayne ' City Secretary Minutes 07-27-04.doc Page 6 of 6 07-24-04