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HomeMy WebLinkAboutCCmin2005-01-11MINUTES CITY OF ANNA REGULAR CITY COUNCIL MEETING January 11, 2005 6:30 PM Library, Anna High School The City Council of the City of Anna met in Regular Session at 6:30 p.m., Tuesday, January 11, 2005, at the Library, Anna High School, located at 1201 N. Powell Parkway, to consider the following items. Call to Order. The meeting was officially called to order at 6:37 p.m. by Mayor Kenneth Pelham. 2. Roll Call and Establishment of Quorum. Councilman Buddy Hayes and Lynn Mosier were absent. Mayor Kenneth Pelham, Mayor Pro -Tem Mark Montgomery, JW Finely, Jr. and John Geren were present. 3. Work Session/Video Presentation. A video presentation called "Community of Choices" depicting the dos and don'ts of development in a growing community. Councilman Lynn Mosier arrives. 4. Administer oath of office to Police Chief Kenneth Jenks. Oath of office was taken and sworn to by Kenneth Jenks, Chief of Police for the City of Anna. 5. Consider citizen comments and presentations. Molly Young, 2512 Margaret Lane, handed out a copy of the Anna Independent School District facility plan, with her request to have the future elementary schools be added to the City's Master Plan. She presented the copy to Barbara Hobden, City Secretary, to be copied and distributed to the City Council prior to the next council session. 6. Consider action regarding ordinances annexing 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 west of Sister Grove Creek. 01-11-05 City Council Minutes - Regular.doc Page 1 of 8 01-11-2005 Motion to adopt an ordinance annexing the 1,000 acre tract in the David Van Winkle Survey, Abstract No. 937, owner being BERA, Inc. by Councilman JW Finley, seconded by Councilman Lynn Mosier. 4 aye 0 nay 0 abstained 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. Motion to adopt an ordinance annexing the 3.113 acre tract in the Hiram Brinlee Survey, Abstract No. 30, owner being BP Products Corporation by Councilman JW Finley, Jr., seconded by Councilman John Geren. 4 aye 0 nay 0 abstained 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. Motion to adopt an ordinance annexing the 4.073 acre tract in the Hiram Brinlee Survey, Abstract No. 30, owner being BP Products Corporation by Councilman John Geren, seconded by JW Finley, Jr. 4 aye 0 nay 0 abstained 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. Motion to adopt an ordinance annexing the 6.000 acre tract in the Hiram Brinlee Survey, Abstract No. 30, owner being BP Products Corporation by Councilman John Geren, seconded by Mark Montgomery. 4 aye 0 nay 0 abstained 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. Motion to adopt an ordinance annexing the 47.135 acre tract in the J. C. Neil Survey, Abstract No. 859, owner being BP Products Corporation by Councilman John Geren, seconded by JW Finley, Jr. 4 aye 0 nay 0 abstained 01-11-05 City Council Minutes - Regular.doc Page 2 of 8 01-11-2005 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. Motion to adopt an ordinance annexing the 7.920 acre tract in the J. C. Neil Survey, Abstract No. 859, owner being BP Products Corporation by Councilman John Geren, seconded by JW Finley, Jr. 4 aye 0 nay 0 abstained 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. Motion to adopt an ordinance annexing the 3.500 acre tract in the Z. F. Lester Survey, Abstract No. 546, owner being Spencer Plumbing, Inc. by Councilman John Geren, seconded by JW Finley, Jr. 4 aye 0 nay 0 abstained 7. Public 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 opens at 7:25 p.m. No Comments Public Hearing closed at 7:26 p.m. 8. Consider action on resolution supporting intergovernmental joint use agreement with Collin County to be developed to design, build, and operate a facility for animal control purposes. Limited discussion regarding the discontinuation of SPCA services as of 1/1/2006. Collin County is asking the City of Anna to consider a future agreement with them to develop and participate in a new animal control facility. Motion to allow Mayor and staff to authorize an agreement with Collin County by Councilman J.W. Finley, Jr. and seconded by Mayor Pro -Tem Mark Montgomery. 3 aye 0 nay 1 abstained (John Geren) 9. Consider and take action as desired regarding Contract for Animal Control Services with SPCA of Texas. 01-11-05 City Council Minutes - Regular.doc Page 3 of 8 01-11-2005 Motion to approve contract for Animal Control services with SPCA of Texas with same conditions as current contract by Mayor Pro -Tem Mark Montgomery, seconded by Lynn Mosier. 4 aye 0 nay 0 abstained 10. Consider action as desired regarding request by Mr. James Mann for change in Land Use Plan for property along south side of W. White Street (FM 455) located approximately 1,500 feet east of intersection of W. White Street and CR 367. Jim Mann requests the front 500 ft changed to commercial in the City of Anna's Land Use Plan. Planning and Zoning Commission recommends approval, against the advisement of City Administrator. Motion to deny request for change of Land Use Plan by Councilman John Geren, seconded by J.W. Finley, Jr. 4 aye 0 nay 0 abstained 11. Consider action on resolution declaring population of City of Anna as of December 31, 2004. Resolution declaring the population of the City of Anna as of December 31, 2004 is prepared. The current population is 5,070. The charter is almost complete and due for the election on May 7, 2005. Signs will be corrected per Councilman Lynn Mosier. Motion to pass resolution declaring the population of the City of Anna by Councilman JW Finley, Jr., seconded by John Geren. 4 aye 0 nay 0 abstained 12. 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. 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 Closed Session at 7:43 p.m. by Councilman Mark Montgomery, seconded by Councilman Lynn Mosier. 4 aye 0 nay 0 abstained 01-11-05 City Council Minutes - Regular.doc Page 4 of 8 01-11-2005 Motion to close Executive Session and return to open session at 8:42 p.m. by Councilman JW Finley, Jr., seconded by Councilman Mark Montgomery. 4 aye 0 nay 0 abstained 13. Consider and act upon items listed under Item 12 Executive Session, as necessary. Motion to take no action at this time by Councilman Mark Montgomery, seconded by Lynn Mosier. 4 aye 0 nay 0 abstained 14. Consider and act on preliminary plat for Shadow Woods. Scott Bussell, representative of Carter & Burgess and also with Centex Homes, spoke briefly regarding the Shadow Woods project. He stated that they had met with Planning and Zoning and were denied. He stated that he believed there have been previous plats with contours less than what Planning and Zoning are referring to. He stated that the benchmark is the same as constructed and that he feels it meets all of the requirements. . Councilman Lynn Mosier asked if a traffic study had been completed. The response was no. Clark McCoy, attorney for the City of Anna, stated for the record that there was no denial of the plat at this point; only that Planning and Zoning had recommended denial. Maurice Schwanke, planning consultant for the City of Anna, stated that the sewage issues have not been answered at this point. Councilman John Geren asked about the closest connection point. Lee Lawrence, City Administrator, stated the treatment facilities are not adequate for a subdivision of this size. Councilman John Geren asked if property has been annexed yet? The answer was no. Councilman Lynn Mosier asked where the water was going to come from? The answer was that the City does not know at this point. Councilman John Garen asked about the streets and exits to roads. Maurice Schwanke advised that no traffic study had been completed, but Council can request one. Councilman Mark Montgomery had concerns with tie-ins. Maurice Schwanke stated that the issue still needed to be addressed and referenced that DART only had specific areas. Clark McCoy asked for clarification that the plat does not meet the thoroughfare plan requirements? 01-11-05 City Council Minutes - Regular.doc Page 5 of 8 01-11-2005 Maurice Schwanke_stated that the plat did water drainage and several other concerns shows that development does not conform applied for. not meet those requirements, nor those for have not been addressed in the plat. Plat in many ways, but no variances have been Councilman Lynn Mosier stated that he believed the Fire Code requires two (2) exits and two (2) exits per 12 homes and he does not see that in this project. Clark McCoy stated that Mr. Schwanke has provided council with the issues regarding the subdivision and plans. Additional items still need to be addressed. Maurice Schwanke recommended to Council, that with any major development the Council should request a traffic study. To the South and North there are proposals. We want to make sure they work overall. • Drainage- large issue, large impact. • Water & Sewer system — capacity to accommodate? • Sidewalks, curbs, block lanes, crosswalk easements • Gasline easement • Where is waterline slated to come through? • Letter needed — have not received addressing, water, sewer, streets Benchmark's set by Carter & Burgess with FM 455 and bridge, were removed by the State of Texas. Data reference points were not valid. Motion to deny plat of Shadow Woods by Councilman John Geren, seconded by JW Finley, Jr. 4 aye 0 nay 0 abstained Attorney Art Anderson asks for certified reasons for denial, based on Chapter 212 of the Local Government Code. Motion to staff to supply certified reasons for denial by Councilman John Geren, seconded by JW Finley, Jr. 4 aye 0 nay 0 abstained 15. 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 element (approximately 47 acres). Lee Lawrence, City Administrator, advised that Trey Sible� could not be in attendance and asked the Council to table the item until the February 8X, 2005 agenda. 01-11-05 City Council Minutes - Regular.doc Page 6 of 8 01-11-2005 Motion to table action on ordinance granting PD Planned Development zoning for a 160.13 acre tract in the F. T. Duffau Survey, Abstract No. 288 until next council session on February 8, 2005 by Councilman JW Finley, Jr., seconded by Lynn Mosier. 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). Lee Lawrence, City Administrator asked the Council to please table the Interlocal Agreement with Collin County until cost breakdown is received. Motion to table item until next council session of January 25, 2005, pending cost breakdown by Councilman Mark Montgomery, seconded by JW Finley, Jr. 4 aye 0 nay 0 abstained 17. Consider approval of Minutes of meetings of November 23 and December 14, 2004. Motion to table item until next council session of January 25, 2005, by Councilman Mark Montgomery, seconded by Lynn Mosier. 4 aye 0 nay 0 abstained 18. Staff report(s) and discussion of other issues, including suggestions for future agenda items, as desired by city council members and staff. • Skorburg Property • Stop light on Hwy 5/FM 455 • Entry signage — Mayor referred to video "Community of Choices" and prefers the monument type of sign. • Planning & Zoning to look into sign and tree preservation ordinances. • Waste Water Treatment Plant — Check received from Office of Rural Affairs • Well drilling at baseball field — time deadline • City to provide cleanup immediately following completion of drilling • Easements — property owner notifications • Sweetwater Crossing — Mayor states the issue is a civil matter, we will help in any way we can to rectify the situation, but the city will not take a side. • Truck — working condition? Transfer to Fire Department an option? 19. Consider action on payment of bills. Motion to pay the bills by Councilman John Geren, seconded by Lynn Mosier. 4 aye 0 nay 0 abstained 20. Adjourn. 01-11-05 City Council Minutes - Regular.doc Page 7 of 8 01-11-2005 Motion to adjourn at 9:38 p.m. by Councilman Lynn Mosier, seconded by JW Finley, Jr. 3 aye 1 nay 0 abstained (John Geren, opposed) �Kenne�h:O�el�ham,Mayor ATTEST: f G'. 4Bbara A. Hobden, City Secretary 01-11-05 City Council Minutes - Regulandoc Page 8 of 8 01-11-2005