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HomeMy WebLinkAboutCCmin2006-02-28MINUTES OF CITY OF ANNA REGULAR CITY COUNCIL MEETING February28, 2006 7:00 PM Community Room, Texas Star Bank The City Council of the City of Anna met in Regular Session at 7:00 o.m.. Tuesday, February 28, 2006, at the Community Room, Texas Star Bank, located at 402 W. White Street (FM 455), to consider the following items. f. 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 Billy Deragon, David Crim, J. W. Finley and John Geren were present. Council Member Lynn Mosier was absent. 3. Pledge of Allegiance. Scout Troop 123 led the Pledge of Allegiance. 4. Citizen comments. None 5. ConsiderlDiecuse/Action on presentation of AVFD reports. David Hunt had handouts for Council a Staff of quarterly and year end stats and answered questions from council members. David Hunt also stated that 2 of the 3 positions have been hired and interviews are being conducted for the third position. 6. Consider/Discuss/Actfon on an Ordinance for annexation of the following tract: A 737.3 acre tract in the Granderson Stark Survey, Abstract No. 768 and the D.E.W. Babb Survey, Abstract No. 33, located southeast of Powell Pkwy (Hwy 5), north of CR 417 and west of CR 419, property being awned by JNC Partners, LLC. (Anna Ranch) Item 6 and 7 were Sipped for discussion purposes. Council Member Deragon made the motion to approve the annexation. Council Member Finley seconded the motion. Motion passes. AYE 4 NAY 1 (Council Member Crim) ABSTAIN 0 7. Consider/DiscussfAction on zoning request by JNC Partners for Planned Development District zoning including; Single Family residential, Town Homes City Council Minutes 02-28-06.dm Page 1 Of 8 02-28-08 and Commercial uses, a 737.3 acre tract In the Granderson Stark Survey and the D.E.W. Babb Survey. (Anna Ranch) Jason Stevens and Steve Topletz were present and made a presentation and answered questions from council members. Council went through the chart comparing the requested zoning with the recommendations of the P & Z. Carol Jacobson - 3208 La Paloma Drive — Made a request for a same design type fence to be built along the boundary of the proposed development and the La Paloma property owners. Mr. Jacobson also brought up drainage concerns that he believes will affect his property. Council Member Deragon stated he thought that a capped, 8ft. high fence would be appropriate for screening along La Paloma boundary property owner lines. Council Member Deragon made a motion using the recommended wording of City Attorney, Clark McCoy. Mr. McCoys suggested wording for part of the motion was: "approval be condition on the inclusion of the language from the City Attorney's office submitted to the developer and that be included in the concept plan". Council Member Deragan motion continued to move to a C1 zoning with the 8ft capped fence and with P & Z's recommendation of dividing SF --A into 1/3 of area = SF -b, 1/3 of area = SFC and 1/3 of area = SF -D; and to include 70% lot coverage for C1. Council Member Finley seconded the motion. City Manager, Lee Lawrence went over the changes being recommended. More discussion followed with recommendations from Steve Topletz for a density cap and how it is figured taking out the power line easement that cannot be used for development. City Manager, Lee Lawrence suggested doing away with the 1/3, 1/3, 1/3 suggestion for SF=A and having the 139 acres with a 4 unit per acre cap and lot depth changes to 110'. City Attorney, Clark McCoy made the suggestion to write out the motion to make sure that changes have been noted, etc. City Manager, Lee Lawrence goes over the motion: The motion is SF=A area has a cap of 4 units per acre and change the Min. Lot Depth to 110' and Min. Front Setback be 25'. SF=B is to follow P & Z recommendations which changes the Min. Lot Width to 60' and Min. Front Setback to 25'. SF=C is to follow P & Z recommendations which changes Min. Front Setback to 25'. SF=D is to follow P & Z recommendations with no changes. SF=E is to follow P & Z recommendations which changes Min. Lot Width to 56. Town Homes is to follow P & Z recommendation of no changes. Multifamily is to follow P & Z recommendation of no changes but a max of 18 units per acre. The commercial will follow a C 1 Regulation with a 70% lot coverage instead of a 40% lot coverage. The screening devices adjacent to commercial uses will be of masonry construction with columns. Along thoroughfares, no walls shall exceed a length of 500 feet before a change in character such as the addition of wrought iron with living screen. Mountable curbs will not be permitted only stand up curbs will be permitted. The language regarding thoroughfares as outlined by the City Attorney's office will be considered part of the motion. There will be a consistent 8' screening wall along the La Paloma subdivision boundary with a capped fence. City Attorney, Clark McCoy clarified that the City Attorney's language should be part of the concept plan. That language is: "the City and the developer understand that: (1) approval of the concept plan is only partial because the City does not approve the current street layout; (2) approval of the concept plan in its entirety is dependent on the City's approval of an alternate street layout and any other changes to the concept plan; and (3) failure to obtain the City's approval of any part of the concept plan is the same as a rejection of the concept plan." This was the end of the motion. Council Member Finley seconded the motion. Motion passes. AYE 3 NAY 2 (Council MembersCrim and Geren) ABSTAIN 0 City Council Minutes 02-28-06.doc Page 2 M 8 02-28-06 Recessed at 8:27 p.m. Returned from recess at 8:35 p.m. S. Public Hearing: (First) To consider public comment regarding a request by Anna ISD regarding annexation of the following tract A 37.005 acre tract in the G. Stark Survey, located on the south and west sides of CR 422 approximately 0.25 miles east of the intersection of South Powell Pkwy (Hwy 6) and CR 422, property being owned by the Anna Independent School District. Mayor Kenneth Pelham opened the public hearing at 8:35 p.m. There were no comments. The public hearing was closed at 8:36 p.m. 9. Consider/Discuss/Action on Awarding the bid for the City of Anna Three Year Depository Contract. Johnny Bratcher of Independent Bank was present to answer questions. Assistant City Manager, Wayne Cummings gave a brief summary of the interest that the City's interest bearing accounts could earn and the interest rates for short term loans for each bank. Council Member Crim made the motion to approve awarding the bid to Independent Bank for a three year depository contract. Council Member Finley seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 10. Consider/Discuse/ACtion on Adopting an Ordinance calling for the City of Anna, May 13, 2006 General and Special Elections. City Manager, Lee Lawrence explained the second ordinance would have the county handling the election for City and would help on a staff level. Council Member Finley made the motion to approve the County handling the election. Council Member Crim seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 11. ConsiderfDiscuse/ACtion on Lowering the Speed Limit in Residential Areas. City Manager, Lee Lawrence summarized previous discussions on this item. Police Chief Jenks covered the enforcement issues relating to the placement of signs in subdivisions to enforce a 25 mile per hour speed limit. Council Member Deragon stated he would like to see signs at the entrance and along major streets through subdivision at this time and then add signs each year as cost allow. Staff is directed to draft an ordinance lowering the speed limit to 25 miles per hour in residential/subdivisions areas. 12. Consider/Discuss/Action on the Anna/Melissa Throckmorton Creek Sewer. City Manager, Lee Lawrence summarized a proposal from the City of Melissa to jointly fund a two-stage sewer line project that would stretch from our existing lift station at Pecan Grove southward along Throckmorton Creek to the East Fork (Phase 1) and then City Council Minae 02-28-06Aac Page 3 of 6 02-28-08 later build a large (45° to 48°) parallel line along the East Fork into north McKinney (Phase 2). Council directed staff to move forward with a joint Anna -Melissa line. 13. Consider/Discuss/Action on a recommendation from the Park Board to reconsideration the naming of Geer Field. John Rattan with the Park Board was present and made the request that council change the name from Geer Field to Geer Park. The board would like to honor Anthony Geer for his years of service and contributions to the city. Council Member Finley made the motion to change the name to Geer Park. Council Member Deragon seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 14. Consider/Discuss/Action on a Collin CounWIty of Anna Interlocal Agreement for Jail Services. City Manager, Lee Lawrence briefed council on the proposed Intedocat Agreement between the City and Collin County. Council Member Finley made the motion to approve the agreement. Council Member Garen seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 15. ConslderlDiscuss/AcUon on Participation with Collin County in Funding Road Improvements to County Road 509. Council Member Finley made the motion to approve this Rem. Council Member Deragon asked about the cost. City Manager, Lee Lawrence stated this was a larger number than he had anticipated and that he has not been able to check on why. Mr. Lawrence further stated he thought that this is going to be a higher standard up grade to allow for the traffic which is expected to be going to the youth park. Council Member Finley withdrew his motion. Council Member Deragon made the motion to table this item until staff ran get a break down of the cost associated with the road improvement. Council Member Finley seconds the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 Council Member Deragon made the motion to go into closed session at 9:18 p.m. Council Member Garen seconds the motion. Motion passes. 16. 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 mal property (Government Code, Chapter 661.072). 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 City Comcil Minutes 02-28-06.dm Page 4 of 8 02-2&08 Chapter 551 of the Government Code. (Government Code, Chapter 551.071). c. 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 9:34 p.m. Council Member Geren seconds the motion. Motion passes. 17. Consider and act upon Items listed under Item 16 Executive Session, as necessary. Council Member Deragon made the motion to take no action at this time. Council Member Finley seconds the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 18. Consider/Discuss/Action on the Bryant Park Agreement between the City of Anna and the Anna ISD. City Manager, Lee Lawrence briefed council on the agreement and answered questions. Council Member Finley made the motion to approve the agreement. Council Member Crim seconded the motion. Motion passes. AYE 5 MAY 0 ABSTAIN 0 19. Discussion of Facilities Agreement for the following properties: Primrose Partners ("Collins"); Anna Town Center No.1/ Burgert; Anna Town Center No.2/ Bartoo; Anna Town Center No.31 Warren; Anna Town Center No.4/ Sharp; Anna Town Center No.SJ Hayslett; Anna Town Center No.6/ Leonard 40 PGE ("Skorburg"). Ryan Betz, Don Collins and Nathan Thompson made a presentation for a facilities agreement for the purpose of detailing how water and sewer utility service will be provided to the approximately 500 acres they wish to develop and answered questions from council. Council's direction was to iron out the details of the agreement and bring it back when ready. 20. Consider/Discuss/Action on a Resolution regarding Voting Member on Regional Transportation Council. Mayor Pelham explained the background for this resolution and answered questions from council members. Council Member Finley made the motion to approve the resolution. Council Member Deragon seconds the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 21. Consid@r/Discuas/Action on an Ordinance Providing for the Negotiation of Attorneys Fees and Associated Costs in Responding to Inquiries by Developers and Other Commercial Land Developments. City Cumca Minutes 02-28-06.doc Page 5 of 8 02-28-08 Council Member Finley made the motion to approve the ordinance. Council Member Crim seconds the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 22. Consider/DiscuselACtion to Resolution to Adopt TML Insurance HRA Plan. City Manager, Lee Lawrence reviewed the options and costs for health insurance, dental, vision and a HRA (Health Reimbursement Account) for city employees and answered questions from council members. If employees have spouses that have a better health insurance policy TML does offer a supplemental insurance for the city to carry on them. Tam! Bode an employee had questions on the supplemental plan. Council Member Crim made the motion to approve the resolution to adopt the TML Insurance HRA Plan. Council Member Finley seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 23. ConsiderlDiscusslAction on appointing a City Council Liaison to Anna Economic Development Corporation. Council Member Garen made the motion to pass the Resolution and appoint Council Member Deragon as the liaison to the Anna EDC. Council Member Finley seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 24. Staff reporgs) and discussion of other Issues, Including suggestions for future agenda Items, as desired by city council members and staff. a. Smith Street Improvements b. Slater Creek Sewer City Manager, Lee Lawrence response to Council Member Deragon's question on the status of the new well was very little progress has been made. Mr. Lawrence further stated that he had e-mailed the city attorney for direction on how to terminate the contract and move on. Council Member Deragon asked about the status of Brookshire's and City Manager, Lee Lawrence stated they had the agreement but he has not heard from them. He will call and find out the status for council. Council Member Deragon would like to see more directional voting signs put out for the May Election and he would like to see the Facilities Committee meet to start discussion on the new city hall. Council Member Finley wanted to let James Parkman, Public Works Director know that there was a bent sign pole at Interurban and 2n° streets and two stop signs still on t - poles that needed to be put on new poles. Mr. Finley also brought up rotting timber and rails left in ditch along DART rail. Council Member Garen has been approached by a local church about the home less in Anna. The Police Chief can get the information to the church. Council Member Geren would like to we a sign placed on the property next to City Hall letting everyone know it is the future site of the City Annex. City Com it Minutes 02-28-06.doc Page 6 of 8 02-28-06 city Mayor Pelham wanted comments from council members on the context of the evaluation form that members received. City Manager, Lee Lawrence stated that council would be updated next meeting on Smith St. and that fences would be starting to be moved for the project incase council received any calls. Construction for Slater Creek Sewer will be beginning so they may get calls from residents wondering what that is about. 25. CONSENT ITEMS: These items consist of non -controversial 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 February 14, 2006 2. Report of meeting of Park Board of February 13, 2006 3. Report of meeting of the Anna Economic Development Corporation of February 2, 200& 4. Minutes from the P & Z Regular Meeting February 7, 2006 5. Minutes from the P & Z Special Meeting February 21, 2006. 6. Minutes from the P S Z Workshop February 21, 2006. FINANCIAL REPORTS 1. Payment of bills as presented on February 24, 2006. 2. Financial Reports Mayor Pelham asked that item 1 City Council Minutes for February 14, 2006 be removed and voted on separately because he was not at the meeting. Council Member Crim was also absent. Council Member Deragon made the motion to approve the City Council Minutes of February 14, 2006. Council Member Finley seconds the motion. Motion passes. AYE 3 NAY 0 ABSTAIN 0 (Mayor Pelham and Council Member Crim) Council Member Finley made the motion to approve the remaining consent items. Council Member Crim seconds the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 26. Adjourn. Council Member Geren made the motion to adjourn at 10:55 p.m. Council Member Crim seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 ATTEST: APPROVED: 26-06