HomeMy WebLinkAbout2007-03-27 Regular Meeting MinutesMINUTES OF
CITY OF ANNA
REGULAR CITY COUNCIL MEETING AGENDA
March 27, 2007 7:00 PM
Community Room, Texas Star Bank
The City Council of the City of Anna met in Regular Session at 7:00 p.m.. Tuesday,
March 27, 2007, at the Community Room, Texas Star Bank, located at 402 W. White St.
(FM 455), to consider the following items.
1. Call to Order.
Mayor Kenneth Pelham called the meeting to order at 7:00 p.m.
2. Roll Cali and Establishment of Quorum.
Present were Mayor Kenneth Pelham and Council Members Kevin Anderson,
Keith Green, John Garen, David Crim and Billy Deragon. Council Member Lynn
Mosier was absent.
3. Pledge of Allegiance.
4 Citizen comments.
Cheryl Harlow spoke on the annexation of her property and wanted clarification
of a private road being annexed into the city.
5. Consider/Discussion regarding a presentation from Commissioner Joe
Jaynes on the Preliminary Schematic for North SH 121.
Commissioner Joe Jaynes had not arrived yet so Mayor Pelham moved ahead
on the agenda until his arrival later in the meeting. Commissioner Joe Jaynes
and Joe Attwood with LAN arrived. Mayor Pelham moved back to this item
around 9:14 p.m. Mr. Attwood presented schematics for the realignment of SH
121. Commissioner Jaynes and Mr. Attwood answered questions from council
members.
6. Reading of a Proclamation from the Mayor declaring the month of April
Sexual Assault Awareness Month.
Mayor Kenneth Pelham read the proclamation.
7. ConsidertDiscusstAction on an Ordinance regarding annexation of the
following tract: A 45.001 acre tract in the Henry Smith Survey, A0822 and
the Zechariah Roberts Survey, A0760, located west of CR 368, adjacent to
and south of Hurricane Creek Estates, approximately one quarter mile west
of North Central Expressway (Hwy 75), property being awned by Hurricane
Manor, Inc. (Urban Crossing)
0327-07 CC ?mute doe 1 0327-07
Council Member Garen made the motion to approve the ordinance. Council
Member Green seconded the motion. Motion passes.
AYE 6 NAY 0 ABSTAIN
8. Public Hearing:
To consider public comment on a request by R. G. Urban of Hurricane
Manor, Inc. representing Urban Crossing for Single Family Residential
Estate (SF -E) zoning. Property is located west of CR 368, adjacent to and
south of Hurricane Creek Estates, approximately one quarter mile west of
North Central Expressway (Hwy 75).
Mayor Kenneth Pelham opened the public hearing at 7:10 p.m. Wend Ragsdale
spoke against the annexation of the property. Mayor Pelham dosed the public
hearing at 7:12 p.m.
9. ConsidedDiscuss/Action on an Ordinance regarding a recommendation
from Planning and Zoning Commission regarding a request by R. G. Urban
of Hurricane Manor, Inc. representing Urban Crossing for Single Family
Residential Estate (SF -E) zoning. Property is located west of CR 368,
adjacent to and south of Hurricane Creek Estates, approximately one
quarter mile wrest of North Central Expressway (Hwy 75).
Council Member Green made the motion to approve the ordinance. Council
Member Crim seconded the motion. Motion passes.
AYE 6 NAY 0 ABSTAIN
10. Consider/Discuss/Action on an Ordinance regarding annexation of the
following tract: A 1.0784 acre tract in the Joseph Schluter Survey, Abstract
No. 856, located south of FM 455, east of Ferguson Pkwy and north of
Windmill Storage. (Auto Zone).
Council Member Garen made the motion to approve the ordinance. Council
Member Anderson seconded the motion. Motion passes.
AYE 6 NAY 0 ABSTAIN
11. Public Hearing:
To consider public comment on a request by Phillip Pecord, representative
for Auto Zone and representing Mark Ragan, owner of property, for General
Commercial (C2) zoning. Property is located south of FM 455, east of
Ferguson Pkwy and north of Windmill Storage.
Mayor Kenneth Pelham opened the public hearing at 7:14 p.m. There was no
public comment. Mayor Pelham closed the public hearing at 7:15 p.m.
12. Consider/Discuss/Action on an Ordinance regarding a recommendation
from Planning and Zoning Commission regarding a request by Phillip
Pecord, representative for Auto Zone and representing Mark Ragan, owner
0327-07 CC lAnutes.doc 2 03-27-07
of property, for General Commercial (C2) zoning. Property is located south
of FM 455, east of Ferguson Pkwy and north of Windmill Storage.
Council Member Deragon made the motion to approve the ordinance request for
a PD for C-1 zoning with the size of the building being restricted to 7,000 sq. ft.
Council Member Crim seconded the motion. Motion passes.
13. Consider/Discuss/Action regarding a recommendation from Planning and
Zoning Commission regarding a final plat for Auto Zone.
Council Member Green made the motion to approve the final plat. Council
Member Anderson seconded the motion. Motion passes.
AYE 6 NAY 0 ABSTAIN
14. Consider/Discuss/Action regarding a recommendation from Planning and
Zoning Commission regarding a site plan for Auto Zone.
Council Member Crim made the motion to approve the site plan. Council Member
Garen seconded the motion. Motion passes.
AYE 6 NAY 0 ABSTAIN
15. Public Hearing (in
For city council to hear public comment regarding annexation initiated by
the City of Anna to annex a 20 acre tract of land In the J. Schutter Survey,
A0856 located south of White Street, (FM 466) to the south and southeast of
Windmill Storage and adjacent to the existing city limits
Mayor Kenneth Pelham opened the public hearing at 7:19 p.m. There was no
public comment Mayor Pelham closed the public hearing at 7:19 p.m.
16. Public Hearing (1")
For city council to hear public comment regarding annexation initiated by
the City of Anna to annex several tracts of land in the surveys of F. T.
Dauffau, A0288, G. Stark, A0798, J. Slater, A0856, J. C. Farris, A0331, and
the J. Schluter, A0856 located in an area being along West White Street (FM
455) between Slater Creek on the east and CR 367 on the west and adjacent
to the existing city limits.
Mayor Kenneth Pelham opened the public hearing at 7:21 p.m. There was no
public comment. Mayor Pelham dosed the public hearing at 7:21 p.m.
17. ConsidedDhscuss/Action regarding a request from Anna ISD to convert
water line easements to utility easements along the route from Anna ISD
Central Administration Building to Rattan Elementary School for a fiber
optic.
03-27-07 CC Minutes.doc 3 0327-07
City Manager, Kenney Jenks stated that council was revisiting this item from the
last city council meeting. The AISD wants to use existing easements to install
fiber optic cable wrest on FM 455 to Ferguson Pkwy and then proceed Barth to the
new elementary school campus. Staff recommendations is no promises of City
funds to help pay for the project. Dr. Wardell and Dirk Callison were present and
answered questions from council members. Dr. Wardell gave some back ground
information as to when and how long the school district and the city have been
working on this project. Dr. Wardell said the purpose was three fold for
discussion: (1) work with the City on getting this put in; (2) try and get some
direction for the future; and (3) to lay some ground work for the future. Present
was Kyle Cass a contractor working with Homeland Security to install fiber optic
to conned the county and the various municipal and school districts together to a
common network. Dr. Wardell is suggesting that the City change its water and
sewer easements to utility easements and pay for securing the easements from
property owners. Council Members suggested that the school district's attorney
and the city's attorney need to be communicating. The school district also should
be contacting the property owners to obtain the easements and the City will help
where needed. The City should make a city stated policy regarding utility
easements vs water/sewer easements for future acquisitions. Council Member
Crim made the motion to table this Rem. Council Member Anderson seconded the
motion. Motion passes.
AYE 6 NAY 0 ABBSTAIN 0
18. ConsidedDiscussfAction regarding a request for Council to hear frown
Stephen P. Goodman and Barbara J. Gluck regarding their recent rejection
of a request for a building perwnit
City Manager, Kenney Jenks stated that he had met with Mr. Goodman and
given him all the information to get this issue resolved. Mr. Goodman advised him
that he would not be at the city council meeting to night. Council Member Garen
made the motion to take no action. Council Member Crim seconded the motion.
Motion passes.
AYE 6 NAY 0 ABSTAIN
Council Member Garen made the motion to go in to executive session at 8:03
p.m. Council Member Anderson seconded the motion. Motion passes.
AYE 6 NAY 0 ABSTAIN
19. CLOSED SESSION: Under Tex. Gov't Code Chapter 551, the City Council
may enter Into closed session to;
a. discuss or deliberate the purchase, exchange, lease, or value of real
property (Tex. Gov't Code $551.072);
b. consult with legal counsel on matters in which the duty of the
attorney to the governmental body under the Texas Disciplinary
Rut" of Professional Conduct of the State Bar of Texas clearly
0327-07 CC NnutnAm 4 03-27-07
conflicts with Chapter 551 of the Government Code. (Tex. Gov't
Code §551.071) ;
The council reserves the right to enter into executive session at any time
throughout this meeting under any applicable exception to the Open
Meetings Act.
Council Member Deragon made the motion to go to open session at 9:04 p.m.
Council Member Anderson seconded the motion. Motion passes.
AYE 6 NAY 0 ABSTAIN 0
5 minute recess - return 9:10 p.m.
20. Consider and act upon items listed under Item 19 Executive Session, as
necessary.
Council Member Crim made the motion to take no action. Council Member
Anderson seconded the motion. Motion passes.
AYE 6 NAY 0 ABSTAIN 0
21. ConsidedDiscuss/Action regarding an Ordinance authorizing the issuance
and sale of the City's Combination Tax and Revenue Certificate of
Obligation, Series 2007; levying an annual ad valorem tax and providing for
the security for and payment of said certificate; and enacting other
provisions relating to the subject.
City Manager, Kenney Jenks stated that staffs recommendation was to proceed
with this process in order to move forward with the listed City projects. Council
Member Green made the motion to approve the ordinance. Council Member
Anderson seconded the motion. Motion passes.
AYE 5 NAY 1(CM Crim) ABSTAN 0
22. ConsidedDiscusslAction regarding adoption of an Ordinance authorizing
the issuance and sale of the City's General Obligation Refunding Bond,
Series 2007; levying an annual ad valorem tax and providing for the security
for and payment of said bond; and enacting other provisions relating to the
subject
City Manager, Kenney Jenks stated that this was to refund monies used to
purchase the Mann property for a City park. Council Member Green made the
motion to approve. Council Member Deragon seconded the motion. Motion
passes.
AYE 6 NAY 0 ABSTAIN 0
0327-07 CC Minutes.doc 5 0327-07
23. Consider/DiscusslAction regarding a Resolution approving submission of
projects for inclusion in the 2007 Collin County Bond Program.
City Manager, Kenney Jenks stated that staff had been reviewing the
thoroughfare plan and the projects listed in the resolution would be recommended
for inclusion in the bond program. Council Member Green made the motion to
approve. Council Member Anderson seconded the motion. Motion passes.
AYE 6 NAY 0 ABSTAIN 0
24. Consider/Discuss/Action on Interim City Manager's recommendation to
enter Into negotiations with Pogue Construction to peftffn as Construction
Manager at Risk Services for construction of facilities at Slayter Creek Park.
City Manager, Kenney Jenks stated that after reviewing bids submitted for
construction manager at risk services for facilities at Slayter Creek Park he would
ask that council approve him to enter into negotiations with Pogue Construction.
Jeff Kirk with Pogue Construction was present to answer questions. Council
Member Crim made the motion to approve. Council Member Anderson seconded
the motion. Motion passes.
AYE 6 NAY 0 ABSTAIN 0
26. Consider/DiscusslAction regarding Anna Ranch Development Agreement
Attorney Misty Venture was present and stated that there were two business
issues (point of sale and the asignabiltiy clause) that were not able to be worked
out and answered questions from council members. Council Member Deragon
made the motion to deny. Council Member Garen seconded the motion. Motion
passes.
AYE 4 NAY 2 (CM Green and Crim) ABSTAIN 0
26. Consider/Discuss/Action regarding Anna Ranch zoning consolidation.
Attorney Misty Venture explained the reasoning behind the consolidation of the
ordinances concerning the zoning. City Attorney, Clark McCoy stated that there
was no real reason for the city to move forward with this without the development
agreement. Council Member Green made the motion to approve. Motion died for
lack of a second. Council Member Crim made the motion to deny until the
development agreement is done. Council Member Deragon seconded the motion.
Motion passes.
AYE 5 NAY t (CM Green) ABSTAIN 0
0327-07 CC Mimrtes.doc 6 0327-07
27. Consider/Discuss/Action regarding a Petition for the Creation of a PID
(Public Improvement District) within the City of Anna, Texas for Anna Ranch
Development.
Attorney Misty Venture stated that no action can be taken at this time because a
public hearing was not scheduled. Council Member Goren made the motion to
table the Rem. Council Member Crim seconded the motion. Motion passes.
AYE 6 NAY 0 ABSTAIN
28. Discussion regarding City Manager search.
Mayor Pelham handed out information from Watters Consulting a firm that helps
search for City Managers. Currently 3 resumes have been received.
29. Consider/Discuss/Action whether the City of Anna should put together an
Incentive package for future commercial developers.
Council Member Garen started the discussion on recommending that EDC and
CDC put an incentive package together for future commercial developers in the
City of Anna. Council Member Garen made the motion to have two (2) members
each from EDC and CDC present at the next city council meeting to give direction
on preparing incentive packages on what council members would like to see
towards drawing commercial developers to Anna. Then those members will go
back to their corporation's and work on the packages. Council Member Crim
seconded the motion. Motion passes.
AYE 6 NAY 0 ABSTAIN
30. Staff Reports:
a. Status of City Hail Annex — Electricity is on; porch and deck to be started
on this week; gathering quotes for the parking lot
b. Sirens — the sirens should be operational within the next couple of weeks
C. Gas Line Status — no issues; the trenching is started
d. Newsletter — the newsletter is at the printers
e. Sales Tax Information — information compiled was handed out
31. Future Agenda Consideration.
Council Member Green would like to see the charter committee get together and
start discussing the amendments to be made to the charter.
Council Member Garen would like to see a resolution showing city council
supporting the sale of beer, wine and liquor.
32. CONSENT ITEMS:
These Items consist of non -controversial or "housekeeping" Items required
by taw. Items may be considered individually by any Council member
making such request prior to a motion and vote on the Consent Items.
03.27-07 CC Wnutes.d= 7 03-27-07
MINUTES
2007(Jerry Chapman GTUA)
4. City Council Regular Minutes February 27, 2007
FINANCIAL REPORTS
1. Payment of bills as presented on March 23, 2007.
2. Financials
Council Member Anderson made the motion to approve the consent items.
Council Member Green seconded the motion. Motion passes.
AYE 6 NAY 0 ABSTAIN 0
33. Adjourn.
Council Member Anderson made the motion to adjourn at 10:30 p.m. Council
Member Green seconded the motion. Motion passes.
AYE 6 NAY 0 ABSTAIN 0
ATTEST: APPROVED:
Gi.ULt-� --
Neil
,...,.,.,..._N h Willison, City Secretary Mayor, Kenneth Pelham
°0F'q„
._ x •,. Y v .''max
03-27-07 CC Mirxrtea.doc a 03-27-07