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Home My WebLink About2004-09-28 Regular Meeting MinutesMINUTES CITY OF ANNA REGULAR CITY COUNCIL MEETING September 28, 2004 7:00 PM Community Room, Texas Star Bank The City Council of the City of Anna met in Regular Session at 7:00 p.m., Tuesday, September 28, 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. The meeting was officially called to order by Mayor Kenneth Pelham at 7:03 pm. 2. Roll Call and Establishment of Quorum. Councilman Lynn Mosier was absent. Mayor Kenneth Pelham, Mayor Pro -Tem Mark Montgomery, Councilmen Buddy Hayes, John Garen and JW Finley were present and quorum established. 3. Consider citizen comments and presentations. No comments were received. 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 following: a. 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). b. To consult with legal counsel regarding pending or contemplated litigation. (Government Code, Chapter 551.071). The council reserves the right to return to executive session throughout this meeting. No Executive Session was held. 5. Discussion and possible action on a resolution regarding the agreement involving transfer of water service territory from the North Collin Water Supply Corporation to the City of Anna. Lee Lawrence, City Administrator advised the council that the City Attorney requested that no action be taken on this item since the North Collin Water Supply Agreement language was not finalized. 09-28-04 Council Minutes-Regulacdoc Page 7 of 5 09/28/2004 Motion to take no action by Councilman JW Finley, seconded by Councilman John Garen. 4 aye 0 nay 0 abstained 6. Consider action regarding final plat for Tara Farms, Phase 5. Lee Lawrence, City Administrator, spoke briefly regarding the status of final plat for Tara Farms, Phase 5. The terms of the easement have been accepted by all parties, but final language is not completed and agreement is not yet signed. Jim McManus, representative for Tara Farms, spoke to the Council with regards to the delays that have been incurred in getting the plat approved and that most delays were beyond the developer's control. He also noted that water service was needed for the Anna ISD and that such service could not be provided until the plat was approved and infrastructure completed for Phase S. Motion was made by J. W. Finley to approve final plat for Tara Farms, Phase 5 with condition that plat could not be filed until easement was filed. Motion was seconded by John Garen. Councilman Lynn Mosier arrived at 7:15 pm and was updated on the current pending motion. 2 aye 3 nay 0 abstained (opposed Mark Montgomery, Lynn Mosier and Buddy Hayes) Motion to deny final plat for Tara Farms, Phase 5 without prejudice made by Councilman Mark Montgomery, seconded by Lynn Mosier. 5 aye 0 nay 0 abstained 7. Consider action on ordinance annexing 189 acre tract in the R. Whitaker Survey, Abstract 1011, and the S. Moore Survey, Abstract 627, tract located on the northeast corner of North Powell Parkway (SH 5) and CR 376. Motion to approve ordinance annexing 189 acre tract in the R. Whitaker Survey, Abstract 1011 by Mark Montgomery, seconded by Buddy Hayes. 5 aye 0 nay 0 abstained 8a. Public Hearing To consider public comment on request by Centurion American Development Group, Inc., for Planned Development Single Family Residential zoning for a 189 acre tract in the R. Whitaker Survey, Abstract 1011, and the S. Moore Survey, Abstract 627, tract located on the northeast comer of North Powell Parkway (SH 5) and CR 376. Speakers at the hearing will be heard according to their order on a listing available at the council meeting. Public Hearing opened at 7:19 by Mayor Kenneth Pelham. 09-28-04 Council Minutes -Regular doc Page 2 of 5 09/28/2004 Bob Roeder, attorney representing Centurion American Development Group, stated that developer was seeking one variance from the City regarding 5 ft side yards. No additional comments. Public hearing closed at 7:40 pm. 81b. Consider action on ordinance providing for Planned Development Single Family Residential zoning for a 189 acre tract in the R. Whitaker Survey, Abstract 1011, and the S. Moore Survey, Abstract 627, tract located on the northeast corner of North Powell Parkway (SH 5) and CR 376, request by Centurion American Development Group, Inc. Mayor Pelham stressed his concern regarding 1200 sq. ft. house sizes. Mayor Pelham referenced previous denials of plats regarding similar issues. Lee Lawrence, City Administrator, reminded the Council of being careful in setting precedence or uniformly picking lot sizes and square footage of homes. Not all tracts of land are the same. He asked that Council review each case individually. Developer agreed to rap number of lots at 780 and that not more than 10% of homes can have 1200 — 1400 sq. ft. (living space), 90% of the homes must be not less than 1400 sq. ft., 60% of the homes must be not less than 1600 sq. ft., side yards are minimum of 5 feet and no driveways front on collector streets. Motion to approve zoning ordinance for the 189 acre tract in the R. Whitaker Survey, Abstract 1011 and the S. Moore Survey, Abstract 627, tract located on the northeast comer of North Powell Parkway (SH 5) and CR 376 with provisions including: number of lots in the area are capped at 780, 10% of homes can be minimum size of 1200 — 1400 sq, ft., 90% of the homes must be not less than 1400 sq. ft., 60% of the homes must be not less than 1600 sq. R, side yards are minimum of 5 feet and no driveways front on collector streets by Councilman John Geren, seconded by Councilman J. W. Finley. All other provisions of the PD zoning are the same as those In the draft ordinance as presented to council. 4 aye 1 nay 0 abstained (opposed — Mark Montgomery) 9. Consider action to approve Facilities Agreement between Centurion American Development Group and City of Anna relating to 189 acre tract in the R. Whitaker Survey, Abstract 1011, and the S. Moore Survey, Abstract 627, tract located on the northeast corner of North Powell Parkway (SH 5) and CR 376. Lee Lawrence, City Administrator asked Council to consider the City Attorney's request to table this item, pending his final review and approval. Motion to table action on the Facilities Agreement between Centurion American Development Group and City of Anna by Councilman Lynn Mosier, seconded by John Garen. 5 aye 0 nay 0 abstained 09-28-04 Council Minutes-Regular.doc Page 3 of 5 09/28/2004 10. Discuss facilities plan and take action as desired regarding appointment of Facilities Committee. Mr. Lawrence noted that the number of interested applicants for Facilities Committee was lower than expected. He advised appointing the individuals who have applied and meet the requirements and continue seeking recruitment Motion to appoint Joseph t3oda, Molly Young, Mayor remam, our nerrunmgwuy and Joe Wardell by Councilman Mark Montgomery, seconded by Lynn Mosier. 5 aye 0 nay 0 abstained 11. Discuss and take action as desired regarding appointment of Charter Commission. Motion to table item until Council session of 10112104 by Councilman J. W. Finley, seconded by John Garen. 5 aye 0 nay 0 abstained 12. Consider action on amendments to Personnel Policies Manual. Motion was made by Councilman Montgomery to approve amendments to Personnel Policies Manual excluding last line item on page 33, section 15.02 and adding the provision regarding purchases made by the City on page 38; section 17.02, item (g). Motion was seconded by Councilman J. W. Finley. 5 aye 0 nay 0 abstained 13. Consider approval of Minutes of meetings of September 16, 2004, and September 21, 2004. Change on September 16, 2004 minutes, last vote count is incorrect Should be. 3 aye, 1 nay, 0 abstained. Motion to approve Minutes of Council Meetings of September 16, 2004 and September 21, 2004 with correction made to vote count on last page by Councilman Lynn Mosier, seconded by John Geren. 5 aye 0 nay 0 abstained 14. Staff report(s) and discussion of other issues, including suggestions for future agenda items, as desired by city council members and staff. Councilman John Garen requested an item be placed on next agenda regarding supplemental compensation being given to Council members. The City of McKinney and other cities compensate their members by $50 per meeting. Due to the extensive hours and extra meetings being held, compensation should be considered. 09-28 04 Council Minutes-Regulacdoc Page 4 of 5 09/28/2004 Councilman Lynn Mosier questioned the status on the perimeter street ordinance. Lee Lawrence advised that the City's Attorney was unable to respond to this issue at this time. Item will be placed on the Agenda for 10/12104. Ground breaking ceremony at the Joe Bryant Elementary School is set for 10108/04 @4:30. 1" Quarter Newsletter needs to be compiled. Please submit information or ideas to the Mayor. Specs for the Trash Service bids are available. Bids are due by 10114/04 @ 2:00 pm. The Texas Parks and Wildlife Department has notified the City that additional funding has been made available and Anna's trail project from the Anna High School property along Slater Creek to the Elementary/Junior High campus has been funded. Mayor Pelham announced that he will be on military duty from October 5'" through October 22"d. 15. Consider action on payment of bills. Motion to pay the bills by Councilman J. W. Finley, seconded by Councilman John Garen. 5 aye 0 nay 0 abstained 16. Adjourn. Motion to adjourn at 9:09 pm by Councilman Lynn Mosier, seconded by Councilman Finley. 5 aye 0 nay 0 abstained eth Pelha ATTEST: ea a A. Hobden ity �cretary 09-28-04 Council Minutes-Regular.00c Page 5 of 5 09/28/2004