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HomeMy WebLinkAbout2005-03-08 Regular Meeting MinutesMINUTES CITY OF ANNA REGULAR CITY COUNCIL MEETING March 8, 2005 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, March 8, 2005, at the Community Room, Texas Star Bank, located at 402 W. White Street (FM 455), to consider the following items. 1. Call to Order. The meeting was officially called to order by Mayor Kenneth Pelham at 6:43 p.m. 2. Roll Call and Establishment of Quorum. Mayor Kenneth Pelham and all council members were present. 3. Work Session a. Summary and discussion of alcoholic beverage sales regulations. City Administrator Lee Lawrence suggested that this discussion be deferred until formal discussion of item 7 on the agenda. b. Warning sirens. • Discussion on cost and efficiency • Concerns with hearing sirens when inside homes or businesses • Possible use of radio warnings • Grants available for funding • Concern with delay of radio warnings compared to sirens • Secondary storm could cause power failure, consider using radio warnings in conjunction with sirens 4. Consider citizen comments and presentations. No comments were received. 5. Consider presentation by Mr. Jim Rountree regarding Anna High School Scholarship Foundation and Mentoring Program. Council was advised that Mr. Rountree had asked that the item be postponed until council session of March 22, 2005, because of a scheduling conflict. 6. Consider request by Mr. Tommy Cunningham to locate two manufactured housing units on property located in extraterritorial jurisdiction of city. 03-08-05 City Council Minutes.doe Page 1 of 8 03-08-2005 Mr. Cunningham was not in attendance. Mr. Lawrence advised council that this issue involved location of mobile homes and/or manufactured housing on a property in the City's extraterritorial jurisdiction. He also noted that it was his understanding that the placement of mobile homes on the Cunningham tract would require platting of the property per City regulations. Motion to table item until Mr. Cunningham can be present by Councilman Lynn Mosier, seconded by Mark Montgomery. 5 aye 0 nay 0 Abstained 7. Review and discuss regulations relating to sale of alcoholic beverages, including request by Mr. A. Assad, representing Anna Plaza, Inc./Coyote Den to revise Section 22.13.9 of Anna Zoning Ordinance. Postponed item No. 7 until after executive session. Returned to item No. 7 at 8:56 p.m. Motion to table this item by Councilman John Geren, seconded by J. W. Finley, Jr. 5 aye 0 nay 0 Abstained 8a. Public Hearing: To consider public comments on proposed amendments to Parks, Recreation, Open Space budget, including increasing budget total by $8,500. Public Hearing opened at 7:06 p.m. Trey Hughes, 111 N. Interurban St., Anna, represented the City of Anna's Park Board. He stated that the request for additional funds included work as follows: • Concrete pads beneath bleachers at ball fields • Installation of playground equipment — donated by AYSA • Purchase of some replacement parts for donated playground equipment He noted that the Park Board was requesting an increase in budget of $8,500. Council advised the Park Board to ask the Community Development Corporation toalso assist in providing funding for some of the park system needs. Public Hearing closed at 7:13 p.m. 8b. Consider approval of amendments to Parks, Recreation, Open Space budget, including increasing budget total by $8,500. Motion to approve increase of budget by an additional $8,500 by Councilman J. W. Finley, Jr., seconded by John Garen. 5 aye 0 nay 0 Abstained Lee Lawrence, City Administrator, was directed to request a meeting of the Community Development Corporation to ask for additional funds. 03-08-05 City Council Minutes.doc Page 2 of 8 03-08-2005 9. 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 position of Municipal Judge of the City of Anna, Texas. (Government Code, Section 551.074) C. Personnel: To deliberate the appointment of position of Alternate Member of the Planning and Zoning Commission of the City of Anna, Texas. (Government Code, Section 551.074) D. 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 Executive Session at 7:17 p.m. by Councilman J. W. Finley, Jr., seconded by Mark Montgomery. Mayor Pelham stated that there would not be any deliberation or consideration of Item "C in the executive session. 5 aye 0 nay 0 Abstained Motion to return to open session at 8:43 p.m. by Councilman J. W. Finley, Jr., seconded by John Geren. 5 aye 0 nay 0 Abstained Mayor Pelham called for a brief recess at 8:44 p.m., returning at 8:55 p.m. 10. Consider and act upon items listed under Item 9 - Executive Session, as necessary. No action. Return to item No. 7. 11. Consider action regarding employment of Municipal Judge. Motion to table item No. 11 until March 22, 2005 session by Mark Montgomery, seconded by JW Finley, Jr. 5 aye 0 nay 0 Abstained 03-08-05 City Council Minutes.doc Page 3 of 8 03-08-2005 12a. Consider action to accept resignation of Mr. A. L. Geer as Alternate Member of the Planning and Zoning Commission of the City of Anna. Motion to accept resignation of Mr. A. L. Geer as Alternate member of the Planning and Zoning Commission by Councilman John Geren, seconded by Lynn Mosier. Mayor Kenneth Pelham wanted to state openly his appreciation to Mr. Geer for all of his years of dedicated service to the City of Anna. 5 aye 0 nay 0 abstained 12b. Consider action regarding appointment of Alternate Member of the Planning and Zoning Commission of the City of Anna. Motion to appoint Keith Green as Alternate Member of the Planning and Zoning Commission by Councilman John Geren, seconded by J. W. Finley, Jr. 4 aye 1 nay 0 abstained (Lynn Mosier) 13. Consider action on final plat for First Baptist Church of Anna. Joe Lightner, Pastor of First Baptist Church, stated the growth within their church and the City of Anna caused the need for expansion of the facilities at the church property and thanked the Council for their consideration. Maurice Schwanke, Planning Consultant for the City of Anna gave a brief history regarding -the proposed plat. He reviewed the City's Land Use Plan for the area, noted that the area will be ultimately commercial, stated that after right-of-way and landscape easement dedication the properties fronting Powell Parkway were relatively thin and limited in utility for commercial/retail purposes, noted that Interurban Street carried little traffic. He argued that the closing of Interurban created a much higher value tract, caused only minor inconvenience to motorists, and protected persons crossing Interurban from one church building to another. He recommended approval of the final plat for FBC. First Baptist Church representative stated that Interurban was already closed at various locations through town. Mayor Pelham asked if there was an alternative plat that could be developed for the property, without closing Interurban. Motion to approve final plat by Councilman John Geren, which failed for lack of second. Motion to return plat back to Planning and Zoning by Councilman JW Finley, Jr., which failed for lack of second. Motion to deny item plat approval without prejudice by Councilman Mark Montgomery, seconded by Lynn Mosier. 4 aye 1 nay 0 abstained (John Geren opposed) 14. Consider revision of preliminary plat for Villages of Hurricane Creek. 03-08-05 City Council Minutes.cloc Page 4 of 8 03-08-2005 Nathan Thompson and Don Collins, representatives for the Villages of Hurricane Creek, gave a brief review of their park dedication, clarifying that their reason for being at Council was not to revisit the plat itself, just the park dedication. Motion to approve revision of preliminary plat for Villages of Hurricane Creek with change identifying open space area as "Tract 1" by Councilman Mark Montgomery, seconded by J. W. Finley, Jr. 5 aye 0 nay 0 abstained 15. Consider action regarding preliminary plat of Park Place subdivision. Don Peebles, project engineer, was present to represent applicant. Maurice Schwanke, Planning Consultant, stated the developer has complied with his recommendations. In response to question from Mr. Lawrence, Mr. Peebles stated that the project plans provide for drainage facilities accommodating a fully developed drainage area. Motion to approve preliminary plat of Park Place by Councilman J. W. Finley, Jr., seconded by John Geren. 5 aye 0 nay 0 abstained 16. Consider action regarding final plat of Meadow Ridge, Phase 2. Lee Lawrence, City Administrator stated that the only contingency previously required by Tim Morris, Morris Engineers, was regarding the securing of an easement. The easement has been secured and Mr. Lawrence has the documents confirming such. He recommends approval of the final plat. Motion to approve the final plat of Meadow Ridge, Phase 2 by Councilman J. W. Finley, Jr., seconded by Mark Montgomery. 5 aye 0 nay 0 abstained 17a. Public Hearing: To consider public comments regarding proposed amendments/revisions to City of Anna Sign Regulations. Public Hearing opened at 9:33 p.m. Lee Lawrence, City Administrator reviewed the proposed revisions to the sign ordinance. • Section 3 • Primary change from pole signs to monument signs • Section 7 & 8 • Overall review of the sign ordinance is needed in the near future. 03-08-05 City Council Minutes.doc Page 5 of 8 03-08-2005 No additional comments. Public Hearing closed at 9:39 p.m. 17b. Consider and take action on ordinance amending and revising the City of Anna Sign Regulations. Motion to approve revisions to the Sign Ordinance as presented by council by Councilman Buddy Hayes, seconded by Mark Montgomery. 5 aye 0 nay 0 abstained Wayne E. Cummings, Assistant City Administrator stated that the absence of pole signs on Highway 75 would create problems for businesses in that area since high speed traffic relies on highly visible signage to identify locations. 18a. Public Hearing To consider public comments on the following proposed amendments to the City of Anna Land Use, Thoroughfare, and Park/Open Space Plan: a. Revise Land Use Plan to identify locations of Anna ISD school sites. b. Revise Land Use Plan to reflect recent zoning decisions relating to properties at and near intersection of W. White Street and CR 367. c. Revise Land Use Plan to reflect zoning decisions relating to property on west side of S. Powell Parkway (between CR 423 and S. Powell Parkway). d. Revise Land Use Plan to reflect zoning decisions relating to property at northeast corner of DART rail line and CR 421. Public Hearing opened at 9:41 p.m. Land Use Plan changes were noted. No additional comments. Public Hearing closed at 9:46 p.m. 18b. Consider action to amend City of Anna Land Use, Thoroughfare, and Park/Open Space Plan: a. Revise Land Use Plan to identify locations of Anna ISD school sites. b. Revise Land Use Plan to reflect recent zoning decisions relating to properties at and near intersection of W. White Street and CR 367. C. Revise Land Use Plan to reflect zoning decisions relating to property on west side of S. Powell Parkway (between CR 423 and S. Powell Parkway). d. Revise Land Use Plan to reflect zoning decisions relating to property at northeast corner of DART rail line and CR 421. Motion to approve amending of the City of Anna Land Use, Thoroughfare and Park/Open Space Plan by Councilman Mark Montgomery, seconded by Lynn Mosier. 5 aye 0 nay 0 abstained 19. Public Hearing To consider public comment on proposed annexation of the following tract: 03-08-05 City Council Minutes.doc Page 6 of 8 03-08-2005 A 20.00 acre tract in the Gwyn Morrison Survey, Abstract No. 559, located on the south and east sides of FM 2862 at the southeast corner of the intersection of FM 2862 and CR 425, owned by the Anna Independent School District. Public Hearing opened at 9:47 p.m. This is one of the two (2) required public hearings for annexation. No additional comments. Public Hearing closed at 9:49 p.m. 20. Consider action regarding purchase of warning sirens. Wayne E. Cummings, Assistant City Administrator presented the council with information regarding use of warning sirens in surrounding cities. • Van Alstyne — 3 sirens • Melissa —1 siren • Howe — none • Princeton — Have removed former sirens. • Celina —1 siren Mark Montgomery asked why his research did not include larger cities, such as McKinney or Frisco. Mr. Cummings stated that he had asked Little Elm, but has not heard from them. Mr. Cummings noted that some grant funding might be available to purchase sirens. Motion that staff identify properties, purchase easements, obtain grants and proceed with warning sirens by Councilman Mark Montgomery, seconded by J. W. Finley, Jr. 5 aye 0 nay 0 abstained 21. Consider approval of Minutes of meetings of February 12 and February 22, 2005. Motion to approve minutes of February 12 and February 22"d by Councilman J. W. Finley, Jr., seconded by Buddy Hayes. 5 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. Council concerns — • Water Welland ball field availability o Deadline was 3/9/05, what has delayed process. Lee Lawrence, City Administrator advised the Council that the liner needed for the well was the wrong size. Therefore, a new liner is being manufactured and should be completed for pick up in Tulsa on Friday. Contractor will work on Saturday to finish the 03-08-05 City Council Minutes.doc Page 7 of 8 03-08-2005 project, if the liner is ready by Friday. Then, the trucking company will have to pick up the equipment, probably on Monday, if all goes as planned. He noted that the ball field would not have been an issue if a construction easement had been obtainable as initially planned. In response to question from Mr. Hayes, he noted that further delay has been caused by need for special equipment required to increase production of well from 300-350 gpm to 500-600 gpm. 23. Consider action on payment of bills. Motion to pay the bills by Councilman Buddy Hayes, seconded by John Geren. 5 aye 0 nay 0 abstained 24. Adjourn. Motion to adjourn at 10:09 p.m. by Councilman Lynn Mosier, seconded by Buddy Hayes. 5 aye0 nay 0 abstained MayorKenneth Pelham Attest: I ra A. Hobden, City Secretary 03-08-05 City Council Minutes.doc Page 8 of 8 03-08-2005