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HomeMy WebLinkAbout2004-11-23 Regular Meeting MinutesMINUTES CITY OF ANNA REGULAR CITY COUNCIL MEETING November 23, 2004 6:30 PM Community Room, Texas Star Bank The City Council of the City of Anna met in Regular Session at 6:30 P.m., Tuesday, November 23, 2004, at the Community Room, Texas Star Bank, located at 402 W. White Street (FM 455), to consider the following items. Call to Order. The meeting was officially called to order at 6:30 p.m. by Mayor Kenneth Pelham. 2. Roll Call and Establishment of Quorum. Councilman Buddy Hayes was absent. Mayor Kenneth Pelham, Mayor Pro -Tem Mark Montgomery, Councilmen Lynn Mosier, JW Finely, Jr. and John Geren were present. 3. Work Session/Council Briefing. City Administrator, Lee Lawrence, gave a brief overview of the upcoming agenda items. 4. Consider citizen comments and presentations. Dana McGowan stated that she was in favor of the Police Chief. Additional comments from the audience were in favor of hiring the Police Chief and establishing a Police Department. 5. Anna Volunteer Fire Department a. Review of monthly reports David Hunt gave a review of the monthly reports for the Anna Volunteer Fire Department. He requested a copy of the bid information received on the tanker truck. David reminded the Council of the upcoming parade on December 11, 2004 at 2:00 p.m. 6a. Consider and act upon a Potable Water Pass Through and Pumping Agreement by and among Greater Texoma Utility Authority, the City of McKinney, and each of the Cities of Anna, Howe, Melissa, and Van Alstyne. 6b. Consider and act upon Potable Water Supply Contract between the City of Anna and the Greater Texoma Utility Authority. 6c. Consider and act upon an Amended and Restated Contract for Water Supply and Sewer Service between Greater Texoma Utility Authority and the City of Anna. 11-23-04 Council Minutes-Regular.doc Page 1 of 7 Don Paschal made a presentation on the history of the Collin -Grayson Alliance, the surface water connection to NTMUWD, and negotiations with McKinney to provide a pass through for North Texas water through the McKinney water system. Motion to approve all three contracts referenced in Agenda item 6 a), b) and c) with attorney approval by Councilman J. W. Finley, Jr. and seconded by Lynn Mosier. 4 aye 0 nay 0 abstained 7. 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. Purchase, exchange, lease, or value of real property (Government Code, Chapter 551.072). b. Personnel: To deliberate the employment of the position of Chief of Police of the City of Anna, Texas. (Government Code, Section 551.074) To deliberate the employment of the position of Construction Manager and/or Engineer. The council reserves the right to return to executive session throughout this meeting. Motion to enter into closed session at 8:02 p.m. by Councilman John Garen, seconded by JW Finley, Jr. 4 aye 0 nay 0 abstained 8. Discuss and take action as desired regarding contract with Kenneth Jenks to serve as Chief of Police of the City of Anna. Motion to authorize Mayor Kenneth Pelham to sign contract with Kenneth Jenks to become Chief of Police for the City of Anna by Mark Montgomery, seconded by J. W. Finley, Jr. 3 aye 0 nay 1 abstained (Councilman Lynn Mosier) 9. Consider action to authorize contract with GrahamMarcus for building inspection services. Motion to accept contract with GrahamMarcus with the stipulation that Ty Chapman, current Anna Building Official, be based primarily in the Anna area by Councilman Lynn Mosier, seconded by Mark Montgomery. 3 aye 1 nay 0 abstained (Opposed John Geren) 10. Consider and take action as desired regarding contract with J. Franklin & Associates, Inc., for Construction Management and Professional Engineering services. Motion to deny contract with J. Franklin & Associates, Inc. by Councilman JW Finley, Jr., seconded by Lynn Mosier. 11-23-04 Council Minutes-Regular.doc Page 2 of 7 4 aye 0 nay 0 abstained 11a. Public Hearing: To consider public comment regarding replat of Original Donation, Block 1, Lot 3 (408 S. Riggins). Comments may be submitted orally at the hearing or in writing at the hearing or to the City Secretary, City Hall, 101 N. Powell Parkway, until 4:30 p.m., November 23, 2004. Public Hearing opened at 8:46 p.m. Mr. Lawrence explained that the applicant was seeking to combine two tract that had been split many years ago. The combination would actually recreate the original platted lot. There were no public comments. Public Hearing closed at 8:48 p.m. 11b. Consider recommendation of Planning and Zoning Commission regarding replat of Original Donation, Block 1, Lot 3 (408 S. Riggins). Motion to pass replat of Original Donation, Block 1, Lot 3 as recommended by Planning and Zoning Commission by JW Finley, Jr., seconded by Mark Montgomery. 4 aye 0 nay 0 abstained 12. Consider action on recommendation of Planning and Zoning Commission regarding final plat of Sweetwater Crossing. Motion to approve Final Plat of Sweetwater Crossing contingent upon acceptance letter from City Engineer, Tim Morris, by Councilman John Geren, seconded by JW Finley, Jr. 3 aye 1 nay 0 abstained (Councilman Lynn Mosier) 13a. Public Hearing: A public hearing to consider comments regarding a request by John H. Rattan for C-2 General Commercial zoning for a 35 acre tract in the Joseph Schluter Survey, Abstract No. 856, being located on the south side of W. White Street (FM 455) on both side of the intersection of W. White and CR 367. Comments may be submitted orally at the hearing or in writing at the hearing or to the City Secretary, City Hall, 101 N. Powell Parkway, until 4:30 p.m., November 2, 2004. Public Hearing opened at 9:04 p.m. Nancy Underwood made a presentation on the property including the new Brookshire Grocery Store. Several persons living in Oak Hollow Estates were present to object to the zoning request. John Rattan suggested that the zoning would benefit the city by providing a location fro a major grocery store and other retail outlets. He also noted that the requested zoning was consistent with the Anna Land Use Plan. 11-23-04 Council Minutes-Regular.doc Page 3 of 7 Ms. Nancy Underwood was recognized and discussed the benefits of taxes from commercial growth. Clint Halsted, 907 Live Oak, expressed concern with noise, chemicals, and persons looking into homes. Gary Pack, 908 Live Oak, stated he was not against Brookshire Grocery, but the fences are not high enough and will not prevent lights from glaring in windows. His main concern is the appearance of the City of Anna. Mr. Booth stated that he opposed the zoning. He expressed concern about liquor stores being right next door and bright lights in his bedroom. Alan Walters is also concerned John Rattan described the plans of the city to bring the grocery store to town. Carol Park wants a buffer at the property. Public Hearing closed at 10:23 p.m. 13b. Consider action on ordinance granting C-2 General Commercial zoning to a 35 acre tract in the Joseph Schluter Survey, Abstract No. 856, being located on the south side of W. White Street (FM 455) on both side of the intersection of W. White and CR 367, petitioner being John H. Rattan. Motion to approve C-2 zoning on the 35 acre tract by JW Finley, Jr., seconded by John Geren. 4 aye 0 nay 0 abstained Brief recess called at 10:42 p.m. Return to open session at 10:55 p.m. 14. Public hearing to consider public comment on annexation of the following tracts: a. A 1.000 acre tract in the David Van Winkle Survey, Abstract No. 937, owner being BERA, Inc., represented by Mr. Pete Spiros, located on the north side of State Highway 121, approximately 0.6 miles east of Sister Grove Creek. b. A 3.113 acre tract in the Hiram Brinlee Survey, Abstract No. 30, owner being BP Products Corporation, represented by Mr. Louis Leutwyler, located on the south side of State Highway 121, approximately 2.0 miles west of Sister Grove Creek. C. A 4.073 acre tract in the Hiram Brinlee Survey, Abstract No. 30, owner being BP Products Corporation, represented by Mr. Louis Leutwyler, located on the south side of State Highway 121, approximately 2.1 miles west of Sister Grove Creek. 11-23-04 Council Minutes-Regular.doc Page 4 of 7 d. A 6.000 acre tract in the Hiram Brinlee Survey, Abstract No. 30, owner being BP Products Corporation, represented by Mr. Louis Leutwyler, located on the south side of State Highway 121 on CR 420, approximately 2.2 miles west of Sister Grove Creek. e. A 47.135 acre tract in the J. C. Neil Survey, Abstract No. 859, owner being BP Products Corporation, represented by Mr. Louis Leutwyler, located on the north side of State Highway 121, adjacent to and east of Sister Grove Creek. f. A 7.920 acre tract in the J. C. Neil Survey, Abstract No. 859, owner being BP Products Corporation, represented by Mr. Louis Leutwyler, located on the south side of State Highway 121, approximately 0.1 mile east of Sister Grove Creek. g. A 3.500 acre tract in the Z. F. Lester Survey, Abstract No. 546, owner being Spencer Plumbing, Inc., represented by Mr. Bryan Spencer, located on the west side of N. Powell Parkway (State Highway 5), at the southwest corner of N. Powell Parkway and CR 373. Public Hearing opened at 10:55 p.m. Dolores Womack stated that Hwy 121 is a two-lane road and it is hard to see oncoming traffic. She asked council to reconsider the Land Use and Thoroughfare Plan for the Highway 121 area. Alan Walters asked if there has been acreage annexed on Hwy 121; is there any plans for land being annexed; is it logical to annex at this time? Public Hearing closed at 11:20 p.m. 15. Consider action on resolutions accepting petitions and setting annexation schedule for the following tract: A 50.53 acre tract in the F. T. Daffau Survey, Abstract No. 288, located on the south side of CR 370 approximately 0.25 miles east of the intersection of CR 370 and U. S. Highway 75. Motion to accept petitions and setting annexation schedule for the 50.53 acre tract in the F.T. Daffau survey by Mark Montgomery, seconded by Lynn Mosier. 4 aye 0 nay 0 abstained 16a. Public Hearing: To consider public comment on a proposed amendment to the Subdivision Ordinance of the City of Anna establishing construction site standards. Public Hearing opened at 11:26 p.m. Brief comments were made by Ty Chapman, Building Official, regarding the proposed regulations, arguing that the regulations were needed. 11-23-04 Council Minutes-Regular.doc Page 5 of 7 Public Hearing closed at 11:29 p.m. 16b. Consider action on ordinance amending Subdivision Ordinance of the City of Anna by establishing construction site standards. Motion to adopt the ordinance amending Subdivision Ordinance with exact language regarding construction site standards that was presented by JW Finley, Jr., seconded by John Geren. 4 aye 0 nay 0 abstained 17a. Consider action on ordinance amending Ordinance No. 112-2003 relating to non- residential solid waste collection service. No action was taken on this item. 17b. Consider action to authorize Mayor to negotiate contract for residential solid waste collection service. 17c. Consider action to authorize Mayor to negotiate contract for non-residential solid waste collection service. Motion by Councilman Lynn Mosier, seconded by Mark Montgomery to authorize Mayor Pelham to negotiate contracts with Waste Management (non-residential service) and Bradshaw & Son (residential service), contingent upon acceptance by City Attorney of Workers Compensation Insurance submitted by Bradshaw & Son 3 aye 1 nay 0 abstained (Opposed by John Geren) 18. Discuss and take action as desired regarding office and meeting room facilities for use by City of Anna. Motion to authorize Lee Lawrence, City Administrator to obtain an architect to develop plans for expansion of City Hall office facilities by Lynn Mosier, seconded by Mark Montgomery. 4 aye 0 nay 0 abstained 19. Discuss and take action as desired regarding request by City of Weston for Certificate of Convenience and Necessity to provide sewer service in area in Anna extraterritorial jurisdiction. Motion to object the request by City of Weston for CCN by Councilman Mark Montgomery, seconded by John Geren. 4 aye 0 nay 0 abstained 20. Discuss and take action as desired regarding road improvements on South Interurban St. 11-23-04 Council Minutes-Regular.doc Page 6 of 7 Motion to take no action at this time by John Geren, seconded by JW Finley, Jr. 4 aye 0 nay 0 abstained 21. Consider approval of Minutes of meetings of November 9, 2004. Motion to table minutes until next Council session by JW Finely, seconded by John Geren. 4 aye 0 nay 0 abstained 22. Staff report(s) and discussion of other issues, including suggestions for future agenda items, as desired by city council members and staff. Mayor advised the council of the upcoming newsletter and asked for any comments or additions they may have. Questions on water rates comparison. Reminder of upcoming election. 23. Consider action on payment of bills. Motion to pay the bills by Lynn Mosier, seconded by Mark Montgomery. 4 aye 0 nay 0 abstained 24. Financial report. Motion to table financial report by Lynn Mosier, seconded by Mark Montgomery. 4 aye 0 nay 0 abstained 25. Adjourn. Motion to adjourn at 12:24 a.m. on 11/24/04 by Lynn Mosier, seconded by Mark Montgomery. 4 aye 0 nay 0 abstained A ST: ayor Kenneth Pelham arJ ara A. Hobden City Secretary 11-23-04 Council Minutes-Regular.doc Page 7 of 7