HomeMy WebLinkAbout2004-11-01 Special Meeting MinutesMINUTES
CITY OF ANNA
SPECIAL CITY COUNCIL MEETING
November 1, 2004 7:00 PM
Community Room, Texas Star Bank
The City Council of the City of Anna met in Special Session at 7:00 p.m., Monday,
November 1, 2004, at the Anna Fire Hall, located at 305 S. Powell Pkwy, to consider the
following items.
1. Call to Order.
The meeting was officially called to order at 7:00 pm, by Mayor Kenneth Pelham.
2. Roll Call and Establishment of Quorum.
Mayor Pelham, Councilmen Mark Montgomery, Lynn Mosier, Buddy Hayes, John Geren
and JW Finley were all present.
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 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 on matters regarding litigation and possible
settlement of litigation for SOAH Docket Nos. 582-02-1652; 582-03-1820; 582-
03.1821 & 582-031824; TCEQ Docket Nos. 2001-1300-UCR; 2001.0813-UCR;
2002-1278-UCR & 2002-1281-UCR; Applications of the Cities of McKinney,
Melissa, Anna, and North Collin Water Supply Corporation to Amend Water
CCN Nos. 10194, 11482, 12976, 11035, and Sewer CCN No. 20898 and the
City of Melissa to Obtain a Sewer CCN in Collin County. (Government Code,
Chapter 551.071).
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The council reserves the right to return to executive session throughout this
meeting.
No Executive Session was held.
5. Discussion and possible action regarding a settlement agreement and related
documents with North Collin Water Supply Corporation to settle SOAH Docket
Nos. 582-02-1652; 582-03.1820; 582-03-1821 & 582-031824; TCEQ Docket Nos.
2001-1300-UCR; 2001-0813-UCR; 2002-1278-UCR & 2002-1281-UCR; Applications
of the Cities of McKinney, Melissa, Anna, and North Collin Water Supply
Corporation to Amend Water CCN Nos. 10194, 11482, 12976, 11035, and Sewer
CCN No. 20898 and the City of Melissa to Obtain a Sewer CCN in Collin County.
Councilman Buddy Hayes advised the Council of his decision to abstain from the voting
process due to the fact that these issues arose prior to his appointment to the Council.
A brief overview regarding the settlement agreement was given by Lee Lawrence, City
Administrator. He stated the importance of the agreement being done before the
possibility of loan approval for North Collin Water Supply Corporation. He reminded
council that the closing of the federal loan by NCWSC would very likely remove any
ability of Anna to provide water services in the North Collin certificated area for the
foreseeable future. He also advised the council of North Collin's desire to have the
cities pay all of their legal costs, which would be an amount in excess of $500,000.
Councilman Mark Montgomery asked about the other cities involvement. Mr.
Montgomery was questioned why McKinney was paying only $125 per acre to acquire
territory in the future while Anna and Melissa would be paying $200 per acre.
Lee advised that McKinney held out to be the bad guy in this deal and advised all parties
that they would not sign at the $200 per acre level. He stated that the actions of
McKinney did not appear to be fair and almost caused the negotiations to fail. However,
North Collin accepted the McKinney proposal. Mr. Lawrence said that he believed that
the agreement was very favorable to the interests of Anna and asked the council to
ignore the McKinney element of the agreement. He also noted that the agreement had
been approved by the Board of Directors of North Collin Water Supply Corporation and
the other cities involved were also voting on this issue tonight.
Councilman Lynn Mosier was concerned about the large amount of money required
($100,000) and how the city was going to recoup those funds. Mr. Lawrence noted that
the City would be collecting impact fees and would incorporate the $100,000 into those
fees over time.
Mr. Lawrence also reviewed the draft resolution given by the City's attorney, Art
Rodriguez of Russell, Moorman & Rodriguez, L.L.P. He advised the council that the
map exhibits were not completed and therefore not included in the packets.
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Motion to pass resolution contingent upon final attorney approval by Councilman Mark
Montgomery, seconded by J. W. Finley.
4 aye 0 nay 1 abstained (Councilman Buddy Hayes)
6. Staff report(s) and discussion of other issues, including suggestions for future
agenda items, as desired by city council members and staff.
The Mayor reminded council members that Anna Youth Sports association fund raiser
was scheduled for next weekend.
The Mayor also noted that the Christmas Parade sponsored by the Fire Department was
currently being planned and asked the council to consider possible City of Anna
involvement.
Mr. Finley and Mr. Mosier noted that a local restaurant was apparently serving alcoholic
beverages "free" with the purchase of a meal. Staff was asked to inquire with the City
Attorney regarding the legality of such activity.
Adjourn.
Motion to adjourn by Councilman Mark Montgomery at 7:42 p.m., seconded by J. W.
Finley.
5 aye 0 nay 0 abstained
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ATTEST:
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rbara A. Hobden
City Secretary
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