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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 City Council Minu .dw 10-11.05 1 10.11.05 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 City CW Cil wnu .dw 10.11-05 5 10-11-05 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 City Council Mk.dm 1041-05 7 10-11-05