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HomeMy WebLinkAboutCCmin2007-01-23 Amended AgendaAW41DE 0 MINUTES OF CITY OF ANNA REGULAR CITY COUNCIL MEETING AGENDA January 23, 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, January 23, 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 Call and Establishment of Quorum. Mayor Kenneth Pelham and Council Members Lynn Mosier, Kevin Anderson, Keith Green, John Garen, David Crim and Billy Deragon were present. 3. Pledge of Allegiance. 4 Citizen comments. None 5. ConsidertDiscinWAction upon "AN ORDINANCE by the City Council of the City of Anna, Texas, relating to bonds proposed to be issued and delivered by the Greater Texoma Utility Authority, approving the issuance thereof, and the facilities to be constructed or acquired by such Authority." Jerry Chapman with GTUA was present and explained the ordinance before council and asked for their approval. This is the third component of the funding through a series of bond issuances through the Texas Water Development Board and GTUA is asking for 5.0 million of the 6.5 million approved funding to complete the payments on the contracts that are outstanding. There needs to be a correction in the Exhibit c attached to the ordinance to accurately reflect that each City will pay its proportionate share of the debt service and O & M costs even if no water is consumed. Mr. Chapman believes the error can be taken care of with the acknowledgement of the error, if not he will be back to take additional action on the item. Council Member Crim made the motion to approve the ordinance for the 5 million dollar request. Council Member Anderson seconded the motion. Motion passes. 01-23-07 Cou.0 Vnutes.doc 1 01-23-07 AYE 7 NAY 0 ABSTAIN 0 6. Corteider/Discuss/Action regarding development agreement between Anna Center, Ltd., and the City of Anna (Underwood tract). Nancy Underwood, Steve Herbert and Gary DeVleer were present to discuss the development agreement. Nancy Underwood handed out a schematic for FM 455 and a cost analysis for the cost of improvements to FM 455 depending on what speed limit TXDOT lowers FM 455 to. After staff and the Underwood/Brookshire's team met with TXDOT about the improvements needed at the intersection of FM 455 and CR 367 it was also determined that a traffic signal would not be placed at this intersection at this time. TXDOT will do the traffic study on FM 455. Nancy Underwood proposed that the cost of the traffic light be taken off the table and put the $100,000.00 into the cost of the improvements to FM 455 and that she would contribute another $75,000.00 to the 455 improvements. Nancy Underwood also handed out an amendment to the development agreement stating these proposed changes. City Manager, Lee Lawrence answered questions from council members concerning funding of the FM 455 improvements and why the traffic signal cannot be put in now. Steve Herbert spoke on the commitment of Brookshire's to put a store in Anna. Mr. Herbert stated he was sure that the speed limit would be lowered to at least 50 mph and d it is only the matter of $11,500.00 Brookshire's would put up the money. City Attorney, Clark McCoy stated that council could approve the amendment to the development agreement contingent upon the attorney reviewing the amendment language. Council Member Crim made the motion to approve the agreement amendment with the addition of Brookshire's paying the additional $11,500.00 added to the language and City Attorney's approval of the language. Council Member Green seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 0 7. Public Hearing: To consider public comment on a request by Mrs. Lola M. Mosier to change zoning on tract of land in the Henry Brantley Survey, A0071, from Single Family Residential (SF -1) to General Commercial (C2) zoning. Property is located at 303 N. Powell Pkwy (Hwy 5). Mayor Kenneth Pelham opened the public hearing at 7:42 p.m. Council Member Lynn Mosier excused himself as this item would be a conflict of interest for him. Mrs. Lola Mosier was present and spoke in favor of this item. Mayor Pelham closed the public hearing at 7:44 p.m. 8. Consider/Discuss/Action on recommendation regarding request by Mrs. Lots M. Mosier to change zoning g on tract of land in the Henry Brantley Survey, A0071, from Single Family Residential (SF4) to 01-2307 Couxil Wnu .dm 2 01-23-07 General Commercial (C2) zoning. Property is located at 303 N. Powell Pkwy (Hwy 6). City Manager, Lee Lawrence gave a summary of the P & Z meeting and the commission recommendations. Mr. Lawrence listed the items that the commission excluded from approved uses for General Commercial C-2. Council discussed the list of excluded uses. Council Member Green made the motion to approve with no qualifications. Council Member Geren seconded the motion. Clarification was made that the motion was for a straight C-2. Council Member Geren took back his second. Council Member Crim made the motion to approve with all of the restrictions except the drive thru restaurant Council Member Deragon seconded the motion. Motion passes. AYE 5 NAY 1 (Mayor Pelham) ABSTAIN 0 Council Member Crim made the motion to vacate the decision made previously on this item. Council Member Anderson seconded the motion. Motion passes. G�'1 dt�iTS=cel: b��1li=t7 Council Member Crim made the motion to allow the massage therapy to allowed uses along with the drive thru restaurant and keep the rest of the restrictions P & Z recommended. Council Member Deragon seconded the motion. Motion passes. AYE 5 NAY 1 (Mayor Pelham) ABSTAIN 0 9. Public Hearing: To consider public comment on a request by the City of Anna to change zoning on tracts six and eighty-seven of the Henry Brantley Survey, A0071 located at 101 and 111 N. Powell Pkwy (Hwy 5). Tract six is currently zoned as Restricted Commercial (C4) and tract eighty-seven is currently zoned as Restricted Commercial (C-1) on east half of tract and Single Family Residential (SF -1) on west half of tract City requests a zoning of General Commercial (C-2) for both tracts. Mayor Pelham opened the public hearing at 7:56 p.m. Elizabeth James had a question on the location of the property. There were no public comments. Mayor closed the public hearing at 7:58 p.m. 10. Consider/DiscusWAction on recommendation regarding request by the City of Anna to change zoning on tracts six and eighty-seven of 01-2"7Co mil Minute Aw 3 01-23-07 the Henry Brantley Survey, A0071 to General Commercial (C2) zoning. City Manager, Lee Lawrence explained that P & Z approved the zoning with the same restrictions as the previous item. Council discussed the restriction list. Council Member Crim made the motion to approve the zoning striking from the restriction list drive thru restaurants and massage therapy businesses. Council Member Geren seconded the motion. Motion passes. AYE 6 NAY 1 (Mayor Pelham) ABSTAIN 0 11.Consider/Discuss/Action regarding a Resolution setting the Public Hearing Dates for an annexation request by Phillip Pecord, representative for Auto Zone and representing Mark Ragon, owner of property, regarding annexation of the following tract: 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. City Manager, Lee Lawrence explained the location of the property and answered questions from council members. Council Member Garen made the motion to pass the resolution. Council Member Deragon seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 0 12.Consider/Discuss/Action regarding an ordinance for address number on front of building. City Manager, Lee Lawrence stated that he and the City Attorney had discussed the ordinance some more and suggested a couple of minor changes. Mr. Lawrence asked that the ordinance wording be changed to use the word building all through the ordinance instead of using both structure and building and that wording be in the ordinance allow the City Manager to make the final decision regarding location, size and material of the address number. Council Member Crim made the motion to approve the ordinance with the suggested changes. Council member Green seconded the motion. Motion passes. AYE 7 NAY 0 ABSSTAIN 0 01-2301 CwWR Nnus.d= 4 01-23-07 13.Consider/DiscusstAction regarding awarding the bid for 300,000 gallon ground storage tank at thee Street Water Plant City Manager, Lee Lawrence presented the bids for the storage tank and made the recommendation to go with Tank Builders, Inc. for the amount of $299,600.00. Council Member Geren made the motion to award the contract to Tank Builders, Inc. Council Member Anderson seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 0 14. Consider/Discuss/Action regarding an Interlocal Agreement between the City of Anna, Anna ISD, and Collin County Community College to hold joint elections. City Manager, Lee Lawrence explained the arrangement between Anna ISD and Collin County Community College to hold joint elections and share the cost. Council Member Crim made the motion to approve item 14. Council Member Garen seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 0 15. Consider/Discuss/Action to authorize a request for qualification for a construction manager for Slater Creek Park improvements. City Manager, Lee Lawrence explained that staff and the Park Board were recommending to council that the City retain a construction manager to handle the construction of most of the park facilities at Slater Creek Park. City Attorney, Clark McCoy explained the process to send the scope of the work out for bid for qualifications and price or just for qualifications. Mr. Lawrence and Mr. McCoy answered questions from council members. Council Member Crim made the motion to authorize staff to request for qualifications a construction manager for Slater Creek Park improvements. Council Member Green seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 0 Council Member Crim made the motion to revisit item number 8. Council Member Deragon seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 16. Discussion regarding Project Status report a. City Parks — a status report for Park development was handed out and Mr. Lawrence went over it in detail 01-23-07 Council MBn�.dw 5 01-23-07 b. Status of City Hall Annex — In production, water line in on 3 Id at. and the site has been prepared and we are getting quotes for the pier and beam foundation work C. Status of Building Permits — we are seeing a little bit of activity increase d. Website Update — maybe change the format of the home page in the near future e. FM 455 — schematics should be ready soon and hope to get the project in the tier one funding from the county f. City Hail — Skorburg tract — hold for comments at a future date g. Northpoints Crossing — they have been sent a kilter releasing them to permit some homes with their promise to take care of sewer issues h. Sweetwater Crossing — Met the new owners and they are working on James Parkman's punch list for the subdivision I. Primrose Subdivision — the agreement should be finalized in the next few days and be on the next regular council meeting for approval; changes to the water and sewer line j. Mantua — Van Aistyne is not ready to move forward with this project k. White Street Gas Line — pre construction soon, ready to start 1. Commercial Development Activity — Mr. Lawrence handed out a development status report M. Sirens — all sites have been secured; waiting for the easement paperwork to be signed, sirens should be installed in 2 to 3 weeks n. Job Descriptions/Satary Schedule — should be seeing in the near future, descriptions have been sent to department heads for review o. South Grayson WSC Purchase — TCEQ is questioning the content of the notice sent out to South Grayson WSC customers P. 5"' Street Ground Storage — dealt with earlier in the meeting q. Election May 2007 — packets will be ready for pick up; 1a date to tum in an application is Feb. le and the last date to tum in a application is March 12; Election Day is May 12th c Police Department 2006 Annual Report — Police Chief Jenks handed out his departments Annual Report and went over some figures and answered questions from council members 17.ConsiderlDiscuss/Action to authorize advertisement for bids for purchase and installation of bridge across Slater Creek at Slater Creek Park site. City Manager, Lee Lawrence explained this item to council members and answered questions from council members. Council Member Deragon made the motion to approve. Council Member Crim seconded the motion. Motion passes. 01-23-07 Cound MkMn.doo 6 01.23-07 AYE 7 NAY 0 ABSTAIN 0 Council Member Garen made the motion to go into executive session at 9:21 p.m. Council Member Anderson seconded the motion. Motion passes. AYE 7 NAY 0 ABSSTAIN 0 5 minutes recess 15.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 Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code. (Tex. Gov't Code §551.071). c. Personnel: Performance Evaluation of the City Attorney of the City of Anna, Texas. (Government Code, Section 551.074) 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 Crim made the motion to return to open session at 9:59 p.m. Council Member Anderson seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 0 19. Consider and act upon items listed under Item 17 Executive Session, as necessary. Council Member Deragon made the motion to approve the City Attorney evaluation. Council Member Anderson seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 0 01-23-07 Council Mnulm.tloc 7 01-23-07 20. Future Agenda Consideration. 2I XONSCN7 11t:811*: These items consist of non -controversial or "housekeeping" items required by law. Poems may be considered individually by any Council member making such request prior to a motion and vote on the Consent Items. MINUTES 1. Minutes of the P & Z Meeting January 2, 2007. 2. Report on the Park Board Meeting January 15, 2007. 3. Report EDC January 4, 2007 FINANCIAL REPORTS 1. Payment of bills as presented on January 19, 2007. 2. Financials Council Member Anderson made the motion to approve the consent items. Council Member Mosier seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 0 22. Adjourn. Council Member Anderson made the motion to adjoum at 10:01 p.m. Council Member Mosier seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 0 •• r Nafha Wilkison, City Secretary ayor, Kenneth Pelham OF 01-23-07 Cwrcd WUtWA0C TEX As o•:e 01-23-07