HomeMy WebLinkAbout2005-04-26 Regular Meeting MinutesMINUTES
CITY OF ANNA
REGULAR CITY COUNCIL MEETING
April 26, 2005 6:30 PM
Community Room, Texas Star Bank
The City Council of the City of Anna met in Regular Session at 6:30 a.m.. Tuesday, April
26, 2005, 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 officially called to order by Mayor Kenneth Pelham with the work session
beginning at 6:38 p.m.
2. Roll Call and Establishment of Quorum.
Council members Buddy Hayes, John Geren, J.W. Finley, Jr., Mayor Pro -tem Mark
Montgomery and Mayor Kenneth Pelham were present. Councilman Lynn Mosier was
absent.
3. Work Session
a. Financial Report/Budget
City Administrator Lee Lawrence reviewed the Budget and Financial Report for the City
of Anna. Emphasis was on EDC (Economic Development Corporation) balances, which
did not include recent land purchase and CDC (Community Development Corporation)
balances, of which $50,000 is committed to the new City Park. Mr. Lawrence also
reviewed the trust/escrow accounts held by the City and their use.
He stated that mid -year budget adjustments are needed. Three major revisions include
Development, Police Department and Municipal Court departments because of
unanticipated changes in the structure of those departments and timing of start-up
activities in the police and court functions.
Other budget revisions were due to increasein election expenses because of two (2)
elections, telephones, pagers, third party contract services, legal expenses related to
North Collin Water Supply Corporation dispute, county road share improvements, server
for networking needs, website creation and setup, etc.
04-26-05 City Council Minutes.doc Page 1 of 7 04-26-2005
Regular session called to order by Mayor Kenneth Pelham at 7:08 p.m.
4. Consider citizen comments and presentations.
Misty Humphries, 1318 North Powell Parkway, Anna, handed out a letter addressed to
Council. She advised them of her intent to build a home on a one acre piece of property
originally owned by her grandmother, Dessa Adams, and being advised by Collin County
to obtain a letter from the City allowing such building permit to be issued.
Ms. Humphries stated that in her conversations with the City Administrator, Lee
Lawrence and the planning assistant, Tana Ross, that she was denied the letter due to a
subdivision plat requirement. Ms. Humphries asked the Council to grant her request
without the subdivision plat requirement.
Robert Hamilton, 1641 Elm Street, expressed his concerns to the Council regarding the
Economic Development Corporation, particularly the EDC's poor record keeping of
minutes and the possible vacating of the individuals in those positions for non-
compliance with the Open Meetings Act. He stated that the inconsistency and non-
compliance creates suspicion among the citizenry. Mr. Hamilton recommended the
possibility of training the boards and commissions.
5. Fire Department report.
Larry Bridges, assistant chief, was present to represent the department and presented
the report to Council. He advised Council of the arrival of the truck in a few weeks and
his concern regarding the funding. He advised council of a meeting that was supposed
to have taken place between Wayne Cummings and Mr. Bratcher at Independent Bank
on April 21. Mr. Cummings, Assistant City Administrator, advised the Council that the
meeting had not yet occurred but had been scheduled for the week of April 25.
6. Consider action regarding directional signs.
Discussion included the size of the directional signs and their placement. A change
needed to be made at the top of the sign, to have the arch larger, or move the Texas
shape lower. This change would allow for some of the signs to have both sides used
and bevisible for traffic in both directions. In addition, the motto needed to be changed
to "Right where you want to be!" The locations would probably be near CR 366/Hwy 75
and Hwy 5/FM 455. Other locations were not clearly defined.
Motion to adopt the directional sign with the changes discussed by Mark Montgomery,
seconded by J.W. Finley, Jr.
4 aye 0 nay 0 abstained
Public Hearing
To consider public comment on proposed annexation;of the following tract:
A 17.34 acre tract in the Joseph -Slater Schluter Survey, A-0856, owned by Anna
ISD, located on east side of CR 367, approximately 1,500 feet south of intersection
of CR 367 and E. White Street (FM 455).
04-26-05 City Council Minutes.doc Page 2 of 7 04-26-2005
Public hearing opened at 7:28 p.m. No comments. Public hearing closed at 7:29 p.m.
8. Consider action regarding Resolution 2005-04-02 modifying the Watershed Work
Plan for East Fork Above Lavon Watershed (modifying Floodwater Retarding
Structure Nos. 1A, 213, 4, and 17 to bring them up to current performance and
safety standards).
Motion to approve resolution 2005-04-02 modifying the Watershed Work Plan for East
Fork Above Lavon Watershed by Councilman J.W. Finley, Jr., seconded by John Geren.
4 aye 0 nay 0 abstained
9. Consider action regarding the City's consumption of electricity by City facilities.
Lee Lawrence, City Administrator, gave an overview of SB 5 regarding energy
consumption. He stated that because the City is growing rapidly the SB 5 goal of 5%
reduction per year in electrical consumption cannot be met. However, the City is
already complying with this requirement relative to using energy efficient equipment and
building materials. Lawrence noted that a report containing this information will be
submitted to the state.
Motion to pass resolution regarding SB 5 energy consumption by Councilman John
Geren, seconded by J.W. Finley, Jr.
4 aye 0 nay 0 abstained
10. Consider action on ordinance adopting an Official Map of the City suitable for
filing with Collin County.
Motion to adopt Ordinance 202-2005 Official Map of the City for filing with Collin County
by J.W. Finley, Jr., seconded by John Geren.
4 aye 0 nay 0 abstained
11a. Public Hearing
To consider public comments on a request by A. Asad, representing Anna Plaza,
Inc./Coyote Den, for specific use permit to operate a food -beverage store
including sale of alcoholic beverages at 600 S. Powell Parkway (0.6447 acre tract,
being Tract 106 in the Henry Brantley Survey, Abstract 71).
Public Hearing opened at 7:43 p.m.
Molly Young, 2512 Margaret Lane, Anna, stated the City has ordinances in place
prohibiting alcohol. The Council needs to uphold these ordinances.
Robert Hamilton, 641 Elm Street asked the Council to vote against this request. He
argued that the business is in too close proximity of the elementary school, historical
downtown, and will change the character of the city and residential area.
Public Hearing closed at 7:45 p.m,
04-26-05 City Council Minutes.doc Page 3 of 7 04-26-2005
11b. Action
To consider action on recommendation regarding request by A. Asad,
representing Anna Plaza, Inc./Coyote Den, for specific use permit to operate a
food -beverage store including sale of alcoholic beverages at 600 S. Powell
Parkway (0.6447 acre tract, being Tract 106 in the Henry Brantley Survey, Abstract
71).
Motion to approve zoning request by J.W. Finley, Jr., seconded by John Garen.
Council member Mark Montgomery stated that a traffic study needed to be completed
before approving the request.
2 aye (Geren, Finley) 3 nay (Montgomery, Hayes, Pelham) 0 abstained
Motion failed.
12a. Public Hearing
To consider public comments on a request by SERA, Inc., represented by Mr. Pete
Spiros, to change zoning of a 1.000 acre tract in the David Van Winkle Survey,
Abstract No. 937, located on the north side of State Highway 121, approximately
0.6 miles east of Sister Grove Creek, from AG Agricultural District to C-2 General
Commercial District.
Public hearing opened at 7:48 p.m. Mr. Pete Spiros, representing BERA, Inc., stated his
request for zoning change to C-2. No additional comments. Public hearing closed at
7:51 p.m.
12b. Action
To consider action on a request by BERA, Inc., represented by Mr. Pete Spiros, to
change zoning of a 1.000 acre tract in the David Van Winkle Survey, Abstract No.
937, located on the north side of State Highway 121, approximately 0.6 miles east
of Sister Grove Creek, from AG Agricultural District to C-2 General Commercial
District.
Council member J.W. Finley moved to approve Ordinance 204-2005 granting the
requested zoning change, seconded by Mark Montgomery.
3 aye 1 nay (Buddy Hayes) 0 abstained
13. Review and consider action regarding smoking regulations.
Several council members expressed concern about adopting smoking regulations at this
time. Concerns centered on the perceived lack of need for citywide regulation.
Motion to table smoking regulation ordinance indefinitely by Councilman John Geren,
seconded by J.W. Finley, Jr.
4 aye 0 nay 0 abstained
04-26-05 City Council Minutes.doc Page 4 of 7 04-26-2005
14. 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 Executive Session at 7:55 p.m. by J.W. Finley, Jr., seconded by
Mark Montgomery.
3 aye 0 nay 0 abstained (Councilman John Geren left the
room before vote.)
Council member Lynn Mosier arrived at beginning of executive session.
Motion to return to open session at 8:34 p.m. by Mark Montgomery, seconded by John
Geren.
5 aye 0 nay 0 abstained
Mayor Pelham called a brief recess at 8:34 p.m. Council reconvened at 8:40 p.m.
15. Consider and act upon items listed under Item 14 Executive Session, as
necessary.
Consider adoption of resolutions declaring a public necessity for the public
welfare and convenience to acquire property described below, authorizing the
City Administrator and his staff and Wolfe, Tidwell & McCoy, LLP, attorneys, to
acquire the property 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. 0.36 acres out of the G. Morrison Survey, Abstract No. 559, and the J.
Brantley Survey, Abstract No. 114, part of a tract conveyed to William Bently
Powell, Jr., by deed recorded in Volume 2562, Page 492, Collin County Deed
Records, located on the east side of N. Powell Parkway (SH 5). The property will
be used for location of a roadway, drainage facilities, and utility lines and
appurtenances.
04-26-05 City Council Minutes.doc Page 5 of 7 04-26-2005
b. 0.03 acres out of the G. Morrison Survey, Abstract No. 559, part of a tract
conveyed to James L. Underwood and wife, Carolyn Y. Underwood by deed
recorded in Clerk's File No. 94-0079962 (Tract One), Collin County Deed Records,
located on the east side of N. Powell Parkway (SH 5). The property will be used
for location of a roadway, drainage facilities, and utility lines and appurtenances.
Motion to approve Resolution 2005-04-03 and Resolution 2005-04-04 by Councilman
J.W. Finley, Jr., seconded by John Geren.
4 aye 1 nay (Lynn Mosier) 0 abstained
16. Consider action on Resolution establishing City priorities regarding
improvements on Collin County roads within the extraterritorial jurisdiction of the
City of Anna.
Motion to table item by Councilman John Geren, seconded by J.W. Finley, Jr.
5 aye 0 nay 0 abstained
17. Consider action as desired regarding request for traffic study in The Falls.
Councilman John Geren briefly discussed the concerns with traffic and high speeds in
The Falls subdivision. A signed petition requesting a 4 -way stop in the Falls subdivision
was given to the City Secretary by Councilman Geren.
Motion to authorize traffic study to be done for The Falls by councilmember John Geren,
seconded by Mark Montgomery.
5 aye 0 nay 0 abstained
18. Consider and act upon items listed under Item 14 Executive Session, as
necessary.
Duplication item on agenda, item skipped.
19. Consider approval of Minutes of meetings of April 12, 2005.
Three changes were recommended to City Secretary. Item #17 should state
"development plat" instead of "plat", note when Mr. Mosier arrived to the meeting and
make note that Mayor Pelham returned after removing himself from the discussion of
agenda item #8.
Motion to approve minutes of April 12 with the above changes by Councilman Mark
Montgomery, seconded by J.W. Finley, Jr.
4 aye 0 nay 1 abstained (Buddy Hayes)
20. Staff report(s) and discussion of other issues, including suggestions for future
agenda items, as desired by city council members and staff.
04-26-05 City Council Minutes.doc Page 6 of 7 04-26-2005
Council member John Geren advised the council of a low level "hum" that a citizen had
complained about. The location is near the old Malt Shop and is usually heard around
2:00 — 3:00 a.m. James Parkman, Public Works Director stated that he checked out the
complaint and no City facilities seemed to be involved.
John Geren also stated his concern with limited amount of Early Voting signs.
Council recommended that staff contact Ms. Humphries and Ms. Adams regarding plat
issue tomorrow morning.
21. Consider action on payment of bills.
Motion to pay the bills by Councilman Mark Montgomery, seconded by J.W. Finley, Jr.
5 aye 0 nay 0 abstained
22. Financial report.
During review of financial report, council asked for a status on the well located in The
Falls subdivision. James Parkman, Public Works Director advised council that no work
had been done to secure or cover the well by the Home Owners Association. He
advised the Council of his intent to cover the well and bill the HOA for the work.
In response to a question from council, Mr. Parkman noted that installation of playground
equipment was deferred until June, due to power line issue.
Question from council regarding the next council session and the canvass of the May 7,
2005 Election. Lee Lawrence advised the council that the election could not be
canvassed on the next session of May 10th. Barbara Hobden, City Secretary, confirmed
the date of canvass must be between May 15 — 18th. City staff recommended a special
Council session on May 17th, to canvass the election.
Motion to accept Financial Report and bring budget revision to the City Council session
of May 24th. Motion by Council member Mark Montgomery, seconded by J.W. Finley,
Jr.
5 aye 0 nay 0 abstained
23. Adjourn.
Motion to adjourn at 9:13 p.m. by council member John Geren, seconded by Buddy
Hayes.
5 aye 0 nay 0 abstained
ayor Kenneth Pelham
i ecretary, Barbara A. Hobden
04-26-05 City Council Minutes.doc Page 7 of 7 04-26-2005