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.
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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.
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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
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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
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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.
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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
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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
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