HomeMy WebLinkAboutCCmin2007-02-13MINUTES OF
CITY OF ANNA
REGULAR CITY COUNCIL MEETING AGENDA
February 13, 2007 7:00 PM
Community Room, Texas Star Bank
The City Council of the City of Anna will met in Regular Session at 7:00 P.m., Tuesday,
February 13, 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. Roil Call and Establishment of Quorum.
Mayor Kenneth Pelham and Council Members Lynn Mosier, Keith Green, John
Garen, David Crim and Billy Deragon were present. Council Member Kevin
Anderson arrived 7:18 p.m.
3. Pledge of Allegiance.
4 Cttizen comments.
Ron Kinman from Ryland Home Builders would like council to review the current
trash ordinance.
Tommy Mann handed out a draft of an ordinance to revise the trash ordinance
and requested council place it on the next council agenda for consideration.
6. ConsidedDiscussfActbn regarding Anna VFD reports.
Fire Chief, Larry Bridges handed out a copy of the department's bank statement
and answered questions from council members.
6. Public Hearing: (14)
For City Council to hear public comments regarding a request by R. G.
Urban representing Hurricane Manor, Inc. regarding annexation of the
following tract: A 45.001 acre tract in the Henry Smith Survey, A0822 and
the Zechariah Roberts Survey, A0760, located west of CR 368, adjacent to
and south of Hurricane Creek Estates, approximately one quarter mile west
of North Central Expressway (Hwy 76), property being awned by Hurricane
Manor, Inc.
Mayor Pelham opened the public hearing at 7:08 p.m. There was no public
comment. Mayor closed the public hearing at 7:09 p.m.
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7. Consider/Discuss/Action regarding recommendation tram Planning and
Zoning on Urban Crossing preliminary plat
City Manager, Lee Lawrence went over the plat and advised council that P & Z
Commission had reviewed the plat and recommended approval and staff
concurs. Council Member Green made the motion to approve the preliminary plat
for Urban Crossing as is. Council Member Deragon seconded the motion.
Motion passes.
AYE 6 MAY 0 ABSTAIN 0
8. Public Hearing: (1")
To consider public comment on a request by Phillip Pecord, representative
for Auto Zone and representing Mark Ragon, owner of property, regarding
annexation of the following tract: A 1.0784 acre tract In the Joseph Schluter
Survey, Abstract No. 866, located south of FM 466, east of Ferguson Pkwy
and north of windmill Storage.
Mayor Pelham opened the public hearing at 7:12 p.m. There were no public
comments. Mayor Pelham dosed the public hearing at 7:13 p.m.
9. Consider/Discuss/Action regarding final plat "Henegan Living Truer' by
request of property owners John Henegan and Debbie Henegan.
City Manager, Lee Lawrence explained that P & Z Commission reviewed the plat
and recommended approval and staff concurs. Council Member Crim made the
motion to approve the final plat. Council Member Green seconded the motion.
Motion passes.
AYE 5 NAY 1 (Council Member Garen) ABSTAIN 0
10. ConsideriMscusstAction regarding final plat for NorthpoiMe Crossing
Phase Three.
City Manager, Lee Lawrence explained that P & Z Commission reviewed and
recommended approval of the final plat for Northpointe Crossing Phase Three
and that staff concurs. Council Member Green made the motion to approve.
Council Member Mosier seconded. Motion passes.
AYE 6 NAY 0 ABSTAIN 0
11. ConsidedDiscussfAction regarding revisions to Northpoints Facilities
Agreement
City Manager, Lee Lawrence asked that council table this item until the next
meeting to tie up some loose ends and answered questions from council
members. Council Member Crim made the motion to table this item. Council
Member Green seconded the motion. Motion passes.
AYE 7
NAY 0
ABSTAIN
0
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12. Consider/Discuss/Action on Approval of the Audit of Fiscal Year 2006.
Mr. Rod Abbott was present and reviewed portions of the audit with council and
answered questions. Council Members wanted more time to review the audit.
Council Member Crim made the motion to table the Rem. Council Member
Anderson seconded the motion. Motion passes.
AYE 5 NAY 2 (Council Member Garen ABSTAIN 0
and Mayor Pelham)
13. Consider/DiscusstAction regarding an Agreement for Street Lighting
Service between the City of Anna, Texas and TXU Electric Delivery
Company.
City Attorney, Clark McCoy stated to council that he is still working with Gerald
Perrin at TXU regarding some wording issues to the agreement. Mr. McCoy
recommended that council could approve the agreement with City Attorney's
approval of the language and charges. Gerald Perrin with TXU was present and
answered questions from council members on the maintenance agreement.
Council Member Green made the motion to adopt the Street Lighting Agreement
along with Schedule A the maintenance agreement subject to the City Attorney's
approval. Council Member Garen seconded the motion. Motion passes.
AYE 7 NAY 0 ABSTAIN 0
14. ConsidedDiscusetActon regarding an Interlocal Cooperation Agreement
by and between the City of Anna, Texas and Collin County, Texas for
Placement of Roll off Recycling Container.
City Attorney, Clark McCoy stated that the county was not inclined to make any
changes to the contract that he is suggesting. Mr. McCoy is suggesting changing
language that will keep the City from getting in trouble with Waste Management,
The City is currently under a contract with Waste Management for its roil -off
container trash pick up. Mr. McCoy requested council table this Rem until he has
had further negotiations with the county to resolve language issues. Council
Member Green made the motion to table this Rem. Council Member Deragon
seconded the motion. Motion passes.
AYE 7 NAY 0 ABSTAIN 0
Council Member Garen made the motion to go into closed session at 7:40 p.m.
Council Member Deragon seconded the motion. Motion passes.
AYE 7 NAY 0 ABSTAIN 0
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);
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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. consult with legal counsel regarding contemplated litigation (Tex.
Gov't Code §551.071);
d. Personnel: Consider position of City Secretary. (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 Anderson made the motion to return to open session. Council
member Deragon seconded the motion. Motion passes.
AYE 7 NAY 0 ABSTAIN 0
16. Consider and act upon Items listed under Item 15 Executive Session, as
necessary.
Council Member Crim made the motion to discuss the City Secretary pay at the
next regular meeting. Council Member Mosier seconded the motion. Motion
passes.
AYE 7 NAY 0 ABSTAIN 0
17. ConsidedDiscusalAction regarding proposed Compromise and Settlement
Agreement between City and Andante Development, Inc.
Council Member Crim made the motion to deny item 17. Council Member
Anderson seconded the motion. City Attorney, Clark McCoy wanted to clarify that
the motion was to deny the proposed agreement.
AYE 6 NAY 1 (CM Green) ABSTAIN 0
18. ConsidedDiscussfACton regarding proposed development agreement for
Anna Ranch.
Attorney Misty Venture spoke for Steve Topletz developer for Anna Ranch
Development on a proposed development agreement for Anna Ranch. City
Attorney, Clark McCoy suggested that council table this item so that bond council
can be contacted and that a few points to the agreement still need to be worked
out. Council Member Anderson made the motion to table this item until the
February 27" meeting. Council Mosier seconded the motion. Motion passes.
19. ConsidedDiscussiAction regarding position of City Secretary.
Council Member Crim made the motion to take no action. Council Member Garen
seconded the motion. Motion passes.
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S/Are
Anna Plaza, inc., for a SpBc is Use Permit t0 operate a TOOe•Dav
at 607 S. Powell Pkwy (Hwy 5) a 0.6447 acre tract, being Tract 106 In the
Henry Brantley Survey, Abstract 71.
Mayor Pelham opened the public hearing at 9:56 p.m. Attorney Larry Boyd
represents and spoke in favor of the SUP for Mr. Asad. Mayor Pelham closed the
public hearing at 10:00 p.m.
21. Consider/DiscusslAction regarding request by Mr. A. Asad, representing
Anna Plaza, Inc., for a Specific Use Permit to operate a food -beverage store
at 607 S. Powell Pkwy (Hwy 5), a 0.6447 acre tract, being Tract 106 in the
Henry Brantley Survey, Abstract 71.
City Attorney, Clark McCoy as a point of clarification explained that the sale of
alcohol which Mr. Boyd talked about has nothing to do with the city's ordinance to
operate a food -beverage store. Council Member Deragon asked Mr. Asad about
violation citations he has received from TABC. Mr. Boyd answered questions
from council members. City Manager, Lee Lawrence asked 9 the property owner
would be willing to move his driveways to help with traffic. Council Member
Deragon made the motion to deny the SUP. Motion died for lack of a second.
Council Member Crim made the motion to approve the SUP. Council Member
Green seconded the motion. Motion passes.
AYE 5 NAY 2 (CM Deragon and ABSTAIN
Mayor Pelham)
22. Consider/Discuss/Acton regarding revisions to City's personnel policy
manual.
City Manager, Lee Lawrence explained the resolution was to restrict discussion
among staff of salaries. Council Member Anderson made the motion to approve
the resolution. Council Member Green seconded the motion. Motion passes.
AYE 7 NAY 0 ABSTAIN
23. Consider/Discuss/Action to amend City of Anna Subdivision Ordinance by
revising Design Standards.
City Manager, Lee Lawrence explained that he had e-mailed council the
standards that the Public Works Director has been having developers follow.
Council Member Green made the motion to approve. Council Crim seconded the
motion.
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AYE 7 NAY 0 ABSTAIN 0
24. Staff Reports:
a. Status of City Hall Annex — the foundation work has been started; sub-
contractors
ubcontractors are being lined up to finish the rest at the work, the building is
scheduled to be here the V4 of February
b. Sirens — K we get a few days of good weather the sirens will be installed
C. Sough Grayson WSC Purchase — our attorney in Austin is optimistic that
TCEQ will approve this soon
d. Anna Center, Ltd. Project — no comments
e. Gas Line Status — contractors will start as weather permits
26. Future Agenda Consideration.
Council Member Green would like to see a presentation from staff regarding what
would happen if the alcohol I liquor were retracted. What would the financial
impact be to the city?
26. CONSENT ITEMS:
These items consist of noncontroversial or "housekeeping" items required
by law. Items may be considered individually by any Councll member
making such request prior to a motion and vote on the Consent Items.
MINUTES
1. City Council Regular Minutes January 9, 2007.
2. Report EDC January 18, 2007.
FINANCIAL REPORTS
1. Payment of bilis as presented on February 9, 2007.
Council Member Anderson made the motion to approve the consent items.
Council Member Green seconded the motion. Motion passes.
AYE 7 NAY 0 ABSTAIN 0
27. Adjourn.
Council Member Mosier made the motion to adjourn at 10:25 p.m. Council
Member Anderson seconded the motion. Motion passes.
AYE 7 NAY 0 ABSTAIN 0
on "� ayor, Kenneth Pelham
02-13-07
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