HomeMy WebLinkAbout2004-12-14 Regular Meeting MinutesMINUTES
CITY OF ANNA
REGULAR CITY COUNCIL MEETING
December 14, 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,
December 14, 2004, at the Community Room, Texas Star Bank, located at 402 W. White
Street (FM 455), and considered the following items.
Call to Order.
The meeting was called to order at 6:42 by Mayor Pelham.
Roll Call and Establishment of Quorum.
Councilman Buddy Hayes was absent. Mayor Kenneth Pelham, Mayor Pro -Tem Mark
Montgomery, Councilmen Lynn Mosier, J. W. Finley, Jr. and John Geren were present.
3. Work Session/Council Briefing.
Lee Lawrence, City Administrator, gave a brief overview of the agenda items.
4. Consider citizen comments and presentations.
No comments.
5. Anna Volunteer Fire Department
a. Review of monthly reports
b. Consider action to award bid for tanker truck (Fire Department).
David Hunt will present the monthly report in January 2005. He said that it would take
approximately four months for new tanker truck to arrive.
Motion to accept bid for KP Klein tanker truck by Councilman Lynn Mosier, seconded
by J. W. Finley, Jr.
4 aye 0 nay 0 abstained
6. Consider and act upon "An Ordinance by the City Council of the City of Anna,
Texas, relating to bonds proposed to be issued and delivered by the Greater
Texoma Utility Authority, approving the issuance thereof, and the facilities to be
constructed, acquired, and improved by such Authority."
Consideration of this item was delayed until arrival of Mr. Jerry Chapmen, General
Manager of Greater Texoma Utility Authority.
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The item was considered after item #815. Mr. Chapman and Terry Millican, of Freeman-
Millican Engineering, gave a brief background review of the NTMWD/GTUA surface
water project and a summary of action taken by other cities involved in the project. It
was noted that the initial costs of the project will be shared on an equal basis among the
four cities. This is an $8.6 million project that will be constructed in phases over the next
two years. The project should be completed by the end of 2006.
Motion to approve the ordinance with the Greater Texoma Utility Authority by J. W.
Finley, Jr., seconded by Mark Montgomery.
4 aye 0 nay 0 abstained
Consider and act upon "An Ordinance by the City Council of the City of Anna,
Texas, revising and establishing water and sewer service rates, setting the
effective date of the new rates, establishing a repeal clause, establishing a
savings clause, and establishing an effective date."
Consideration of this item was delayed until arrival of Mr. Jerry Chapmen, General
Manager of Greater Texoma Utility Authority.
The item was considered after item #8b. Lee Lawrence, City Administrator, asked about
the construction schedule for the surface water project. Mr. Chapman stated that if
everything goes on schedule and no issues with the right of ways, construction should
begin in 2006. Right of ways are the key and there is no anticipation of any rate
increase.
Several council members voiced concerns with adopting an ordinance and having to
change rates now that shouldn't go into effect until January 2006.
Mr. Chapman advised that the city had been given the wrong ordinance.
Motion to table by J. W. Finley, seconded by John Geren.
4 aye 0 nay 0 abstained
The council reconsidered this item after item no. 16.
After consultation with Mr. Chapman and City Attorney Clark McCoy a motion was made
to approve the ordinance revising and establishing water and sewer service rates,
establishing a repeal clause, establishing a savings clause, and establishing an effective
date with change to reflect January 2006 as an effective date by Councilman J. W.
Finley, Jr., seconded by Mark Montgomery.
4 aye 0 nay 0 abstained
8a. Public Hearing
A public hearing to consider comment regarding a request by the Rudman
Partnership for Planned Development zoning for a 160.13 acre tract in the F. T.
Duffau Survey, Abstract No. 288. Petitioner requests a Planned Development
zoning consisting of Single Family Residential (approximately 114 acres) and
Commercial/Retail (approximately 47 acres) zoning.
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Public Hearing opened at 7:13 p.m
Craig Curry spoke briefly regarding the Rudman partnership zoning. He stated that in
accord with concerns expressed by residents and members of the Planning and Zoning
Commission, the property owner had agreed to front homes away from collector streets,
reduced height of town homes in Section B from 3 story to 2 story; increased the
minimum home size; committed to 40 foot setbacks on side and rear yards adjacent to
the commercial district; added trees and other vegetation to buffer the residential areas
from the commercial area, modified the location of open spaces. He stated that the
townhome section of the project was designed to satisfy a niche market that would exist
in the future, even if it was not present currently.
Several homeowners in The Falls subdivision expressed their concern with trees along
the property line and Mr. Curry said they would work with them to save as many trees as
they could.
Pam Davis, 401 Kaie Teur Dr., stated her concern with the density.
Molly Young, 2512 Margaret Lane, stated that she liked the plan and supported its
approval.
Public hearing closed at 7:30 p.m
8b. Consider action on ordinance granting PD Planned Development zoning for a
160.13 acre tract in the F. T. Duffau Survey, Abstract No. 288, located on north
side of W. White Street (FM 455), midway between S. Powell Parkway (SH 5) and S.
Central Expressway (US 75). Request is being made by the Rudman Partnership,
the property owner, represented by Mr. Trey Sibley and Mr. Craig Curry. The
Planned Development would consist of a Single Family Residential element
(approximately 114 acres) and a Commercial/Retail (approximately 47 acres)
element.
Lee Lawrence stated that the town homes and levels of density seemed to be the prime
issues.
Craig Curry responded that there would be a density of 4.5 units per acre with
townhomes and a lower density if the townhomes were not built. He stated that the
property owner could probably accept a cap on the number of total units in the project.
Councilman John Geren expressed concern with the amenities and parks.
Mr. Curry stated that there would be at least one amenity center and possibly one small
park in the project.
Mayor Pelham voiced his concern with the lot sizes being too small.
Mr. Curry reminded the Council of Planning & Zoning approval and the concessions that
had already been made.
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Council requesting change of recycling collection centers to recycling collection
containers. Also, stucco needs to be removed from building materials.
Motion to return this agenda item to Planning & Zoning by Councilman John Geren.
Motion died in the absence of a second.
Motion to table zoning for a 160.13 acre tract in the F. T. Duffau Survey, Abstract No.
288, located on north side of W. White Street (FM 455), midway between S. Powell
Parkway (SH 5) and S. Central Expressway (US 75) and have Mr. Curry revise per
recommendations of the council and present next session by Councilman Mark
Montgomery, seconded by Lynn Mosier.
3 aye 0 nay 1 abstained (John Geren)
9. Public hearing (2n° 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.
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.
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 9:13 p.m.
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Jim Luscombe, residing outside the city limits at 1320 CR 366, asked where this
acreage is located.
Lee Lawrence, City Administrator stated that he did not have a map available to show
Mr. Luscombe the precise location, but described verbally the location of the property.
Mr. Luscombe asked if the property would be brought into the city as agricultural
zoning? Is BP the owner? What is the city's requirement to provide service?
Mr. Lawrence that no zoning request had been made and therefore the default zoning of
the property would be AG Agricultural and that BP Products had shown certified
ownership. He noted that the city was unaware of the property owner's intention
regarding use of the land.
Public hearing closed at 9:22 p.m.
10. Public hearing (1't hearing) to consider public comment on annexation of 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, owner being Julia Jackson Gray.
Public Hearing opened at 9:23 p.m.
Peter Kavanaugh, representing Julia Jackson Gray, was recognized to request
annexation prior to the Collin County election for the possible approval of alcoholic
beverage sales.
Public Hearing closed at 9:25 p.m.
11a. Public Hearing
Public hearing to consider public comment regarding request by Brian
Richardson and Camden Richardson, property owners, to replat
Taylor/Richardson Subdivision.
Public Hearing opened at 9:25 p.m. No comments. Public Hearing closed at 9:26 p.m.
11b. Consider action regarding request by Brian Richardson and Camden Richardson,
property owners, to replat Taylor/Richardson Subdivision.
Lee Lawrence, City Administrator discussed the map and the heavily outlined areas.
Owner was asked and agreed to additional 10 feet of right of way dedication.
Motion to approve replat request for the Taylor/Richardson Subdivision by J. W. Finley,
Jr. and seconded by Mark Montgomery.
3 aye 0 nay (John Geren not present for vote)
12a. Public Hearing:
Public hearing to consider a proposed amendment to City of Anna Subdivision
Ordinance revising the conditions under which a development plat is required.
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Public Hearing opened at 9:30 p.m.
Joe Tatum, Sheffield Farms resident, wanted explanation of changes and rationale
Lee Lawrence, City Administrator, stated that the objective of the ordinance was to
simplify and clarify the conditions under which a development plat would be required,
especially relating to construction of accessory buildings. He noted that the proposed
ordinance would remove the requirement of filing a formal plat under some conditions.
Public Hearing closed at 9:35 p.m
12b. Consider action on proposed ordinance revising Section 5.3 of the City of Anna
Subdivision Ordinance (Ord. No. 2000-01 revising the conditions under which a
development plat is required.
Motion to approve Subdivision Ordinance revision, section no. 1, with final review by the
city council by Councilman Mark Montgomery, seconded by J. W. Finley, Jr.
4 aye 0 nay 0 abstained
13. Consider action to approve development plat submitted by Steve Brown, property
located at 4302 FM 2862.
Motion to table item by Councilman JW Finley, Jr., seconded by John Geren.
4 aye 0 nay 0 abstained
14. Consider action of proposed ordinance establishing the City of Anna Police
Department.
Motion to approve an ordinance establishing the City of Anna Police Department by
Councilman J. W. Finley, Jr., seconded by John Geren.
3 aye 1 nay 0 abstained (Lynn Mosier opposed)
15. Consider action to approve Interlocal Agreement with Buy Board.
Motion to approve Interlocal Agreement with Buy Board by J. W. Finley, Jr., seconded by
Mark Montgomery.
4 aye 0 nay 0 abstained
16. Consider action to approve Interlocal Agreement with Collin County for
engineering, right-of-way acquisition, and other activities related to improvements
to White Street (FM 455).
Motion to table item by Councilman Lynn Mosier, seconded by Mark Montgomery.
4 aye 0 nay 0 abstained
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Motion to return and revise agenda item no. 7 by Councilman J. W. Finley, Jr., seconded
by John Geren.
4 aye 0 nay 0 abstained
17. 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. 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.
Motion to enter into closed session at 9:54 p.m. by Councilman Mark Montgomery,
seconded by Lynn Mosier.
4 aye 0 nay 0 abstained
Motion to close executive session at 10:45 p.m. by Councilman Mark Montgomery,
seconded by John Geren.
4 aye 0 nay 0 abstained
18. Consider and act upon items listed under Item 17 Executive Session, as
necessary.
Consider adoption of resolutions declaring a public necessity for the public
welfare and convenience to acquire easements and/or right-of-way on the
property described below, authorizing the City Administrator and his staff and
Wolfe, Tidwell & McCoy, LLP, attorneys, to acquire the easements by any lawful
means including but not limited to negotiations with landowners and, if necessary
proceedings in eminent domain; directing the City Administrator and his staff and
Wolfe, Tidwell & McCoy, LLP, attorneys, to have the property described below
appraised by a certified appraiser, to make a final offer for easements on the
property, and, if necessary, to institute proceedings in eminent domain.
a. An easement area of 0.2017 acres, located within a 4.400 acre tract owned by
John Bradley, said property being located in Anna, Texas, on the north side of W.
White Street (FM 455), Collin Appraisal District Parcel Numbers R-6071-000-1320-1
and R-6331-000-0120-1, (recorded in Volume 4316, Page 2211, D.R.C.C.T.). The
easement is 20' in width, located along the west edge of the 4.400 acre tract, and
will be used for location of utility lines and appurtenances and public access
(traillwalkway).
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b. An easement area of 0.0414 acres, located within a 1.031 acre tract owned by
William Bentley Powell, said property being located in Anna, Texas, north of W.
White Street (FM 455) along the east side of Slater Creek, Collin Appraisal District
Parcel Number R-6071-000-1340-1, (recorded in Volume 5658, Page 6661,
D.R.C.C.T.). The easement is 20' in width, located along the west edge of the
1.031 acre tract, and will be used for location of utility lines and appurtenances
and public access (trail/walkway).
c. An easement area of 0.3054 acres, located within an 8.296 acre tract owned
by Southwest Staple, Inc. (Seven Squares Company), said property being located
in Anna, Texas, north of W. White Street (FM 455) along the east side of Slater
Creek, Collin Appraisal District Parcel Number R-6071-000-1330-1, (recorded in
Volume 4902, Page 636, D.R.C.C.T.). The easement is 20' in width, located along
the west edge of the 8.296 acre tract, and will be used for location of utility lines
and appurtenances and public access (trail/walkway).
d. An easement area of 0.2209 acres, located within a 9..8 acre tract owned by
William Bentley Powell, said property being located in Anna, Texas, north of W.
White Street (FM 455) along the east side of Slater Creek, Collin Appraisal District
Parcel Number R-6071-000-1310-1, (recorded in Volume 5658, Page 6661,
D.R.C.C.T.). The easement is 20' in width, located along the west edge of the 9.8
acre tract, and will be used for location of utility lines and appurtenances and
public access (trail/walkway).
e. An easement area of 0.1182 acres, located within a tract owned by Willliam
Bentley Powell, said property being located in Anna, Texas, north of W. White
Street (FM 455) and east of Harper Drive, along the east and west side of Slater
Creek, recorded in Volume 4162, Page 2685, D.R.C.C.T.). The easement is 20' in
width, located along the west edge of the tract, and will be used for location of
utility lines and appurtenances and public access (trail/walkway).
f. An easement area of approximately 0.5 acres, located within a 1.43 acre tract
owned by Ricky Lyn Rollins, said property being located at 212 E. 0 Street, Anna,
Texas, Collin Appraisal District Parcel Number R-6559-002-0920-1, (recorded in
Volume 2260, Page 844, D.R.C.C.T.). The easement area is located in the
northwest quadrant of the 1.43 acre tract and will be used for sanitary control to
protect the water supply of an existing well.
g. An easement area of approximately 0.5 acres, located within a 1.43 acre tract
owned by Ricky Lyn Rollins, said property being located at 212 E. a Street, Anna,
Texas, Collin Appraisal District Parcel Number R-6559-002-0920-1, (recorded in
Volume 2260, Page 844, D.R.C.C.T.). The easement is located in the southwest
quadrant of the 1.43 acre tract and will be used for sanitary control to protect the
water supply of a proposed well.
h. An easement area of 0.1377 acres, located within a 1.43 acre tract owned by
Ricky Lyn Rollins, said property being located at 212 E. a Street, Anna, Texas,
Collin Appraisal District Parcel Number R-6559-002-0920-1, (recorded in Volume
2260, Page 844, D.R.C.C.T.). The easement is a temporary construction easement
and the easement area is located in the southwest corner of the 1.43 acre tract.
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The easement will terminate upon completion of the well construction near the
easement area.
I. A right-of-way area of 0.5993 acres owned by Powell Gin, said property being
located on the east side of N. Powell Parkway between Powell Parkway and the
Dallas Area Rapid Transit rail line, at the northeast corner of the Anna ISD high
school property, Collin Appraisal District Parcel Number R-6559.001-0700-1. The
property will be used for construction of a segment of an east -west thoroughfare.
j. A right-of-way area of approximately 0.5 acres, located at the south edge of a
6.060 acre tract owned by Powell Grain Company, said property being located on
the east side of N. Powell Parkway between Powell Parkway and the Dallas Area
Rapid Transit rail line, at the northeast corner of the Anna ISD high school
property, Collin Appraisal District Parcel Number R-6114-000-0220-1. The
property will be used for construction of a segment of an east -west thoroughfare.
Motion to authorize the City Administrator and City Attorney to proceed with right-of-way
and easement acquisition for properties referenced in A through J above by Councilman
John Geren, seconded by J. W. Finley, Jr.
3 aye 1 nay 0 abstained (Lynn Mosier opposed)
19. Consider resolution approving Articles of Incorporation of Anna Economic
Development Corporation.
Motion to approve Articles of Incorporation of Anna Economic Development Corporation
by Councilman John Geren, seconded by J. W. Finley, Jr.
4 aye 0 nay 0 abstained
20. Consider approval of Minutes of meetings of November 9 and November 23, 2004.
Minutes of November 23, 2004 not available.
Motion to approve the minutes of the November 9'", 2004 City Council meeting by
Councilman Mark Montgomery, seconded by J. W. Finley.
4 aye 0 nay 0 abstained
21. Staff report(s) and discussion of other issues, including suggestions for future
agenda items, as desired by city council members and staff.
Playground equipment — Info needed was not there, having the equipment laid
out for review. James Parkman to take care of as soon as possible.
Councilman J. W. Finley suggests the Park Board take on special events, such
as a City Christmas Tree lighting and work with Fire Department on area events.
22. Consider action on payment of bills.
Motion to approve the bills by Councilman Lynn Mosier, seconded by John Geren.
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4 aye 0 nay 0 abstained
23. Financial report.
Motion to table Financial Report by Councilman Lynn Mosier, seconded by John Geren.
4 aye 0 nay 0 abstained
24. Adjourn.
Motion to adjourn at 11:12 p.m. by Councilman John Geren, seconded by J. W. Finley,
Jr.
4 aye 0 nay 0 abstained
ATTEST:
Hobden, City Secretary
Kenneth Pelham, Mayor
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