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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. 02-1307 CouncH Minutes.dm 1 02-13-07 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 02-13-07 Coundl Minutes.doC 2 02-13-07 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); 02-13-07 Council Minutes.doc 3 02-13-07 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. nvc -� v n ersteAMqa N n average 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. 02-1347 Council Minutes.doc 5 02-13-07 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 Cwndl Wnutes.doc 6