HomeMy WebLinkAboutCCmin2005-10-11MINUTES
CITY OF ANNA
REGULAR CITY COUNCIL MEETING
October 11, 2005 7:00 PM
Community Room, Texas Star Bank
The City Council of the City of Anna met in Regular Session at 7:00 mm.. Tuesday,
October 11, 2005, at the Community Room, Texas Star Bank, located at 402 W. White
Street (FM 455), to consider the following items.
i. Call to Order.
Mayor Kenneth Pelham called the meeting to order at 7:00 p.m.
2. Roll Call and Establishment of Quorum.
Mayor Kenneth Pelham and Council Members David Crim, Lynn Mosier, Mark
Montgomery, J. W. Finley and John Garen were present.
S. Pledge of Allegiance.
4. Citizen comments.
A Asad wanted to know why he was not on the agenda when a public hearing
notice said that he should be on tonight's agenda.
5. Second Public Hearing:
To consider public comment on annexation of 7373 acre tract in the
Granderson Stark Survey, Abstract 768, and the D. E. W. Babb Survey,
Abstract No. 33, located east of S. Powell Parkway (SH 5), generally
bounded by CR 421, CR 419, and CR 417, and including a 171 acre tract
north of CR 421 and east of CR 422.
Mayor Pelham opened the public hearing at 7:14 p.m. Mike Jennings spoke
against the proposed development. Carl Jacobson spoke against the proposed
development. Mayor Pelham dosed the public hearing at 7:08 p.m.
6. Consider/Discuss/Act on recommendation by Planning and Zoning
Commission regarding a Site Plan for the Van Anna Addition.
Sandra Bryant presented the site plan for Van Anna Addition and answered
questions from council members. City Manager, Lee Lawrence reviewed a list of
4 items concerning the road improvements and sewer system. Council Member
Montgomery made the motion to approve the site plan contingent upon the
development agreement. Council Member Finley seconded the motion. City
Manager, Lee Lawrence brought up that the water line says by others and A is
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the responsibility of the property owners. Council Member Montgomery
amended his motion remove the by others on the 8' water line and the 8" water
line be buill by the property owners. Council Member Geren seconded the
amended motion. Motion passes.
Ayes 5 Nays 1 (Council Member Crim) Abstained
7. Consider/Discuss/Act on recommendation by Planning and Zoning
Commission regarding a Site Plan for the Anna Retail Addition.
Mayor Pelham excused himself from discussion of this item because he is
related to the, property owner. Mayor Pro Tem Montgomery took over. Mike
Twitchell was present and answered questions from council members. City
Manager, Lee Lawrence went over items that P & Z requested. Council Member
Finley requested that staff look into the possibility of putting up a no left tum sign
coming off exit from Hwy 75. Council Member Garen made the motion to
approve the site plan for Anna Retail Addition. Council Member Finley seconded
the motion. Motion passes. Council Member Montgomery turns the meeting
back to Mayor Pelham.
Ayes 5 Nays 0 Abstained
8. Consider/Discuss/Act on recommendation by Planning and Zoning
Commission regarding plat of Price Addition.
Whit Price presented plat for the Price Addition. Mr. Price answered questions
from Council Members. Mr. Price explained the difference between this plat and
the previous plat he submitted and he is still requesting to give an easement and
not a road right of way dedication. Council Member Garen made the motion to
pass the plat with an easement instead of a dedication. Council Member Mosier
seconded the motion. Motion passes.
Aye 5 Nay 1 (Council Member Montgomery) Abstained 0
9. Comider/Diseass/Act on recommendation by Planning and Zoning
Commission regarding development plat of Cunningham tract.
Council Member Mosier made the motion to approve the plat. Council Member
Finley seconded the motion. Motion passes.
Aye 4 Nay 2 (Council Members Crim Abstained
and Geren)
10. Consider/Discoss/Act on recommendation by Planning and Zoning
Commission regarding development plat of Pierce Addition.
Mark Pierce was present and answered questions from council members. City
Manager, Lee Lawrence explained this was a development plat and not a
division of property. Mr. Lawrence asked that a roadway reservation at the North
end of the property be removed. Council Member Crim made the motion to
City Comcil Minus .duc 1041-05 2 10.11.05
approve the plat with the exception to remove the roadway reservation. Council
Member Mosier seconded the motion. Motion passes.
Aye 6 Nay 0 Abstained
11. Consider and take action as desired regarding issuance of Certificate of
Obligation in amount not to exceed $2,500,000.
Jason Hughes with First Southwest Company presented the process of issuance
of Certificates of Obligation and answered questions from council members.
Council Member Mosier requested to hear from other companies. Council
Member Finley made the motion to approve to start the process of Intent to Issue
Certificates of Obligation. Council Member Crim seconded the motion. Motion
passes.
Aye 5 Nay 1 (Council Member Mosier) Abstained
12a. Public Hearing
To consider public comment on a proposed outdoor fighting ordinance.
Mayor Pelham opened the public hearing at 7:57 p.m. Steve Warren on CR 421
had questions on how the lighting ordinance would effect him being outside the
city limits of Anna orf he were to be annexed. Public hearing closed at 8:01
p.m.
12b. Consider/Discuss/Act on outdoor lighting ordivanee.
Council Members discussed the proposed lighting ordinance. Council Member
Finley made the motion to table this @em until the next council meeting. Council
Member Mosier seconded the motion. Motion passes.
Aye 6 Nay 0 Abstained
13. Public Hearing
To consider public comment on the Technically Preferred Alignment of the
Collin County Outer Loop.
City Manager, Lee Lawrence explained the changes made to the proposed Collin
County Outer Loop. Mayor Pelham opened the public hearing at 8:05 p.m. Neil
Ackerman representative of the developer for Anna Ranch spoke against the
proposed alignment of the Outer Loop. Steve Topletz, representative for the D.
R. Horton company spoke against proposed alignment of the Outer Loop. Alan
Wafters wanted clarification on how far south the outer bop was going. Public
hearing was closed at 8:23 p.m.
14. Consider/Discuss/Act on ordinance providing for fees for setting water
meters.
City Com lMinut .dac 10-11-05 3 10-11-05
City Manager, Lee Lawrence request Council table this item at this time. Council
Member Finley made the motion to table this item until next council meeting.
Council Member Mosier seconded the motion. Motion passes.
Are 6 Nay 0 Abstained 0
16. Consider/Discuss/Act on ordinance establishing regulations on use of
property within 150 feet of a public water supply well.
City Manager, Lee Lawrence explained to council that the City has some well
sites where we do not have sanitary control easements and under TCEQ
regulations we are required to have sanitary control easements for areas within
50, 150, 300 and 500 feet of the sites. Council Member Montgomery made the
motion to approve the ordinance prohibiting potential pollution sources within
specified distances of public water supply wells. Council Member Crim seconded
the motion. Motion passes.
Aye 6 Nay 0 Abstained 0
16. ConslderlDiscuse/Act on authorizing advertisement for bids for street
Improvements on Wildwood Drive, S. Interurban Street, and W. Second
Street
City Manager, Lee Lawrence stated for record that the street in from of the post
office is West First Street as stated in ttw explanatory notes and not W. Second
Street as listed on the agenda. Council Member Finley made the motion to
authorize the advertising for bids for street repair. Council Member Garen
seconded the motion. Motion passes.
Aye 6 Nay 0 Abstained 0
17. Consider/Discuss/Act on ordinance establishing a Code of Ethics.
Council Member Montgomery made the motion to table this item until next
council meeting. Council Member Mosier seconded the motion. Motion passes.
Aye 6 Nay 0 Abstained 0
18. ConsiderlDiscuss/Act on ordinance establishing a Code of Conduct
Council Member Montgomery made the motion to table this item until next
council meeting. Council Member Mosier seconded the motion. Motion passes.
Aye 6 Nay 0 Abstained 0
Council Member Goren made the motion to go to executive session at 8:35 p.m.
Council Member Finley seconded the motion.
City Cm cil Min�&d«m-11-05 4 MR -05
19. EXECUTIVE SESSION: Under terms of Chapter 551 of Texas Govern tot
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 Stab 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.
Council Member Finley made the motion to return to open session at 8:48 p.m.
The motion was seconded.
20. Consider and act upon items listed ander item 19 Executive Session, as
necessary.
Council Member Montgomery made the motion to take no action. Council
Member Mosier seconded the motion. Motion passes.
Aye 6 Nay 0 Abstained
21. COnsider/Discuss/Act on resolution to form a regional law enforcement
mutual aid task force agreement with other area law enforcement agencies
for the purpose of providing and receiving law enforcement assistance.
Police Chief Jenks was present and answered questions from council members.
Council Member Finley made the motion to approve the resolution to form a
regional law enforcement mutual aid task force agreement with other area law
enforcement agencies. Motion seconded by Council Member Garen. Motion
passes.
Aye 6 Nay 0 Abstained
22. Consider resolution revising the date of second public hearing for the
annexation of the following property:
A tract in the J. C. Neill Survey, Abstract 659, being an area generally
bounded by FM 455, FM 2862, and SH 121, including property owned by T.
W. West Estate, Alan J. Walters, ElizAbeth Hendricks, and the Texas
Department of Transportation.
City Manager, Lee Lawrence stated the city attorney advises that we can hold
the second public hearing at the November 8, 2005 in order to avoid having a
special meeting on November 15, 2005. Council Member Montgomery made the
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motion to approve the resolution to change the second public hearing. Council
Member Finley seconded the motion. Motion passes.
Aye 6 Nay 0 Abstained 0
23. Staff report(s) and discussion of other issues, including suggestions for
future agenda Rams, as desired by city council members and staff.
a. Fire Department
b. PZC appointment
C. EDC appointments
d. CDC appointments
City Manager, Lee Lawrence went over the notes from the council packet
explaining the above issues. He addressed the A. Asad issue explaining that a
public hearing notice had been posted, the item did not get put on the agenda, a
notice for the public hearing has been redone, it will be on the November 8°
agenda and Mr. Asad's attorney has been notified. Council Member Mosier
asked for updates on Code Red, stonn sirens and back up generator for the
water well. Council Member Garen brought up that the City Manager according to
the Charter is supposed to live in the City.
24. CONSENT ITEMS:
These Items consist of noncontroversial or "housekeeping" Items required by
law. Items may be considered Individually by any Council member making such
request prior to a motion and vote on the Consent Items.
MINUTES
1. Minutes from the City Council Regular Meeting of September 27,
2005
2. Report of meeting of Planning and Zoning Commission of
September 20, 2005
3. Report of meeting of Anna Economic Development Corporation of
September 15, 2005
4. Report of meeting of Technology Advisory Commission of
September 15, 2005
S. Report of meeting of Technology Advisory Commission of
September 22,2005
FINANCIAL REPORTS
1. Payment of bills as presented on October 7, 2005.
Council Member Crim made the motion to pass the consent items. Council
Member Finley seconded the motion. Motion passes.
Aye 6 Nay 0 Abstained 0
City Ceu it MmuWs.dw 1041-05 6 10-11-05
25. Adjourn.
Council Member Mosier made the motion to adjourn at 9:07 p.m. Council
Member Crim seconded the motion. Motion passes.
Aye 6 Nay 0 Abstained
ATTEST: APPROVED:
Napia Wilkisory City Secretary ay or, Kenneth Pelham
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