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HomeMy WebLinkAboutCCmin2007-02-27MINUTES OF CITY OF ANNA REGULAR CITY COUNCIL MEETING AGENDA February 27, 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, February 27, 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, Keith Green, John Geren, David Crim and Billy Deragon were present. Council Member Anderson arrived 7:14 p.m. 3. Pledge of Allegiance. 4 Citizen comments. None 5. Public Hearing: (2nd) 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 Zachariah 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 75), property being owned by Hurricane Manor, Inc. Mayor Pelham opened the public hearing at 7:01 p.m. There was no public comment. Realtor Sandra Bryant stated that the name of the development should be Urban Crossing. Mayor Pelham closed the public hearing at 7:02 p.m. 6. Public Hearing: (2nd) For City Council to hear 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. 856, located south of FM 455, east of Ferguson Pkwy and north of Windmill Storage. Mayor Pelham opened the public hearing at 7:02 p.m. There was no public comment. Mayor Pelham closed the public hearing at 7:03 p.m. 02-27-07 Council Minutes.doc 1 02-27-07 7. Consider/Discuss/Action regarding revisions to Northpointe Facilities Agreement. ^N Ken Lambert was present and answered questions from council members. The concerns now are for the DART Crossing and collecting fees to do this project. DART has stated that it will cost $56,000 to do the whole crossing. The sewer cost needs to be removed from the original agreement. DARTS contractors are waiting to go to work on the crossing. Lennar will pay 50% of the cost and they will also pay for 50% of the City's cost. They will pay for 75% of the project for the DART crossing to be put in. The revisions have not been put in the agreement. Mr. Lambert stated that they were not asking for approval of their subdivision because there are still a lot of technical construction issues being worked on. City Attorney, Clark McCoy made the suggestion to have a separate contract with Lennar stating they will pay 75% and the City's cost will be 25%. Council Member Green made the motion to approve the DART construction agreement subject to legal council approval and also to approve an Agreement between Lennar and the City splitting the cost 75% Lennar and 25% City. Council Member Mosier seconded the motion. Motion passes. AYE 6 NAY 1 (CM Geren) ABSTAIN 0 8. 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 Planned Development (PD) zoning. Property is located at 303 N. Powell Pkwy (Hwy 5). .� Mayor Pelham opened the public hearing at 7:03 p.m. There was no public comment. Mayor Pelham closed the public hearing at 7:04 p.m. 9. Consider/Discuss/Action regarding 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 Planned Development (PD) zoning. Property is located at 303 N. Powell Pkwy (Hwy 5). Council Member Mosier excused himself from the discussion. Council Member Geren wanted to know why this zoning was being done as a PD and not the C-2 zoning. City Attorney, Clark McCoy stated that because this was done with some restrictions and not as a straight C-2, PD zoning was required. Mayor Pelham stated that he thought it was too heavy a zoning with the surrounding residential area. Council Member Green made the motion to approve. Council Member Crim seconded the motion. Motion passes. AYE 4 NAY 1 (Mayor Pelham) ABSTAIN 0 10. 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 (C-1) and tract eighty-seven is currently zoned as -� Restricted Commercial (C-1) on east half of tract and Single Family 02-27-07 Council Minubes.doc 2 02-27-07 Residential (SF -1) on west half of tract. City requests a zoning of Planned Development (PD) for Doth tracts. Mayor Pelham opened the public hearing at 7:06 p.m. There was no public comment. Mayor Pelham closed the public hearing at 7:07 p.m. 11. Consider/Discuss/Action regarding a request by the City of Anna to change zoning on tracts six and eighty-seven of the Henry Brantley Survey, A0071 to Planned Development (PD) zoning. Mayor Pelham stated he thought this was too heavy a zoning for the residential area. Council Member Crim made the motion to approve. Council Member Goren seconded the motion. Motion passes. AYE 5 NAY 1 (Mayor Pelham) ABSTAIN 0 12. Public Hearing To consider public comment on a request by Jeffrey H. Ludlow, D.D. S., representing John R. Goren, owner of property, to change zoning on tract of land in the Henry Brantley Survey, Abstract 0071, from Single Family Residential (SF -1) to Restricted Commercial (C1) zoning. Property is located at 802 N. Powell Pkwy (Hwy 5). Mayor Pelham opened the public hearing at 7:08 p.m. Council Member Goren lo -ft, excused himself from this item. There was no public comment. Mayor Pelham closed the public hearing at 7:09 p.m. 13. Consider/Discuss/Action regarding request by Jeffrey H. Ludlow, D.D.S., representing John R. Goren, owner of property, to change zoning on tract of land in the Henry Brantley Survey, Abstract 0071, from Single Family Residential (SF -1) to Restricted Commercial (C1) zoning. Property is located at 802 N. Powell Pkwy (Hwy 5). Council Member was excused from this items discussion. Council Member Green made the motion to approve. Council Member Mosier seconded the motion. Council Member Crim asked if there were any restrictions so that it would not be brought back in a couple of weeks as a PD. Council was told that P & Z recommended approval without any restrictions. Motion passes. AYE 5 NAY 0 ABSTAIN 0 14. Consider/Discuss/Action on a request by Mr. Virgil Miller, representing First Christian Church of Anna on proposed alley and right-of-way abandonment A member of the church was present and spoke in favor of getting this taken care of as soon as possible to let the church move forward with its construction. Acting City Manager, Kenny Jenks stated that staffs concerns were the location of gas lines. Mayor Pelham spoke of the need for easements for utilities. Council 10011, Member Crim made the motion to table until the March 13'h meeting. Council Member Deragon seconded the motion. Motion passes. 02-27-07 Council Minutes.doc 3 02-27-07 AYE 7 NAY 0 ABSTAIN 0 15. Consider/Discuss/Action regarding a Resolution setting the Public Hearing dates for the city annexation of property along 455 W. Council Member Geren made the motion to pass the resolution. Council Member Anderson seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 0 116. Consider/Discuss/Action regarding a Resolution setting the Public Hearing dates for the annexation of city property along 455 W. Council Member Crim made the motion to pass the resolution. Council Member Geren seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 0 17. Consider/Discuss/Action on Approval of the Audit of Fiscal Year 2006. Council Member Geren made the motion to approve the audit. Council Member Anderson seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 0 18. Consider/Discuss/Action upon all matters incident and related to 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 reviewed the City of Anna's Existing and Future Debt (includes water and sewer projects). Mr. Chapman went over the ordinance relating to the Issuance of $760,000 GTUA Contract Revenue Bonds - City of Anna Water System Facilities Projects. These bonds will be sold to the Texas Water Development Board. Council Member Crim made the motion to approve. Council Member Green seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 0 19. Consider/Discuss/Action upon all matters incident to a Resolution by the City Council of the City of Anna, Texas, Expressing Official Intent to Reimburse Costs of the City of Anna Associated with the Construction of the Northpointe Sewer ($524,000) and the Ferguson Parkway Waterline ($70,000). Jerry Chapman with GTUA was present and explained that this resolution is to reimburse costs of the City of Anna associated with the construction of the Northpointe Sewer (524,000) and the Ferguson Parkway Waterline ($70,000). The City will borrow money from its Water and Sewer fund and repay it at a future 02-27-07 Council Minutes.doc 4 02-27-07 nma date. Council Member Green made the motion to approve. Council Member Anderson seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAN 0 20. Consider/Discuss/Action on a presentation regarding Certificates of Obligation from Jim Sabonis with Southwest Securities. Mr. Sabonis was present and stated that he was here to discuss funding projects in the general fund by issuing Certifications of Obligations. Mr. Sabonis answered questions from council members. 21. Consider/Discuss/Action regarding a Resolution of the City Council of the City of Anna, Texas, Directing Publication of Notice of Intention to Issue Certificates of Obligations; and Resolving other Matters Relating to the Subject. Council Member made the motion to take no action on this item. Motion failed for lack of a second. Council Member Green made the motion to approve the item. Council Member Crim seconded the motion with the understanding that they could with draw from this matter while staff researches items that can be removed from the budget. Motion passes. AYE 6 NAY 1 (CM Geren) ABSTAIN 0 22. Consider/Discuss/Action regarding amending the contract for Pro Forma Architects. Mayor Pelham explained that the architects have been working with Skorburg architects on the site for the new City Hall. The $118,000 is to get to the schematics and make a decision to go forward with this project. Staff answered questions from council members. Council Member Crim made the motion to table this item until the next meeting. Council Member Anderson seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 0 23. Consider/Discuss/Action 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 has agreed to the changes suggested and that the agreement is ready to approve as to form. Council Member Anderson made the motion to approve the agreement. Council Member Crim seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 0 02-27-07 Council Minutes.doc 02-27-07 24. Consider/Discuss/Action on Adopting an Ordinance calling for the City of Anna, May 12, 2007 General Election. Council Member Geren made the motion to adopt the ordinance calling for the City of Anna, May 12, 2007 General Election. Council Member Green seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 0 25. Consider/Discuss/Action regarding approving the May 12, 2007 Election Contract with Collin County. Council Member Geren made the motion to approve the contract with the county. Council Member Crim seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 0 Council Member Geren made the motion to go into closed session at 8:25 p.m. Council Member Anderson seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 0 26. 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. 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 Crim made the motion to return to open session at 8:59 p.m. Council Member Geren seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 0 5 min recess — return 9:04 p.m. 02-27-07 Council Minutes.doc 6 02-27-07 27. Consider and act upon items listed under Item 25 Executive Session, as necessary. Council Member Geren made the motion to take no action. Council Member Crim seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 0 28. Consider/Discuss/Action regarding proposed Compromise Settlement Agreement between the City of Anna and Andante Development, Inc. regarding Willow Creek Addition Facilities Agreement and Curry 25 Acre Site Addition Facilities Agreement. City Attorney, Clark McCoy stated that this involved a reimbursement agreement between the City and the Developer and is ready for a vote. Council Member Crim made the motion to approve item 28. Council Member Green seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 0 29. Consider/Discuss/Action regarding proposed development agreement for Anna Ranch. Attorney Misty Ventura was present to answer questions from council. Council Member Crim made the motion to approve Anna Ranch Development Agreement subject to approval of City Attorney and bond counsel and if they have any concerns it comes back to Council. Council Member Mosier seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 0 30. Consider/Discuss/Action regarding Anna Ranch Zoning Ordinance. Acting City Manager, Kenny Jenks asked council to table this item. Council Member Geren made the motion to table this item. Council Member Anderson seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 0 31. Discussion regarding the future City Hall plans. Council Member Deragon made the motion to table this item. Council Geren seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 0 32. Discussion regarding the facility development agreement of Anna Town Center / Skorburg properties. Council Member Deragon made the motion to table this item. Council Member Geren seconded the motion. Motion passes. 02-27-07 Council Minutes.doc 7 02-27-07 AYE 7 NAY 0 ABSTAIN 0 33. Consider/Discuss/Action regarding Renovations to the old City Hall. a. new — reception area; new office b. new roof and leveling Council Member Geren made the motion to table this item indefinitely. Council Member Anderson seconded the motion. Motion fails. AYE 2 (CM Anderson and Geren) NAY 5 ABSTAIN 0 Council Member Crim made the motion to table this item for three council meetings. Council Member Anderson seconded the motion. Motion failed. AYE 2 (CM Anderson & Crim) NAY 5 ABSTAIN 0 Council Member Deragon made the motion to accept the bids as listed. Council Member Green seconded the motion. Motion passes. AYE 4 NAY 3 (CM Anderson, Geren & Crim) ABSTAIN 0 34. Consider/Discuss/Action regarding position of City Secretary. Council Member Deragon made the motion to give a performance raise to the City Secretary in the amount of $56,000. Council Member Crim seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 0 35. Consider/Discuss/Action regarding position of Acting City Manager. Council Member Deragon made the motion to give the interim City Manager interim pay equivalent to the City Manager pay as listed in the documentation received $72,300. Council Member Anderson seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 0 36. Consider/Discuss/Action regarding revisions to City's personnel policy manual. a. Amend Restrict Discussion of Salary b. Receipts turned in for reimbursement in a timely manner Council Member Crim made the motion to approve item 36, a & b. Council Member Geren seconded the motion. IRS suggestion is 10 days for receipts to be turned in upon returning. Motion passes. AYE 7 NAY 0 ABSTAIN 0 02-27-07 Council Minutes.doc 8 02-27-07 e` 37: Consider/Discuss/Action regarding an Ordinance of the City of Anna, Texas amending Ordinance No. 61-2003 regarding the city's provision of certain retiree benefits through the Texas Municipal League intergovernmental Employee Benefits Pool to update said ordinances based on current Interlocal agreement. Assistant City Manager, Wayne Cummings explained the ordinance and answered questions from council. Council Member Crim made the motion to approve. Council Member Green seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 0 38. Consider/Discuss/Action regarding replacing Ty Chapman and Clay Ginn on the City Hall Facilities Committee. Council Member Geren made the motion to accept both resignations and to nominate Patrick Mullowney for Clay Ginn's position and Molly Young in Ty Chapman's position. Motion died for lack of a second. Council Member Geren made the motion to accept both resignations and to nominate Patrick Mullowney in Clay Ginn position and to leave Ty Chapman's position vacant until a later date. Council Member Anderson seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 0 39. Consider/Discuss/Action regarding North Collin WSC nomination for Board of Directors position. Council Member Crim made the motion to take no action. Council Member Green seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 0 40. Staff Reports: a. Status of City Hall Annex — briefed council that the building was in, the council bench was going in, quotes were being sought for a porch, etc. b. Sirens — should start installing the sirens Wednesday C. Gas Line Status — a contract is needed; we have everything necessary for a contract d. Financial Impact of Alcohol Sales — data is difficult to obtain; the impact would be the increase since the stores have gone in e. Ferguson Pkwy — they have started moving dirt f. The 2007 Anna Police Department Racial Profiling Report — by legislation this report is required; no profiling indicated g. Planner — on hold be the time being h. New City Hall Council Bench — bench is being installed; the quotes for price are in your packet for information 02-27-07 Council Minutes.doc 9 02-27-07 41. Future Agenda Consideration. Council Member Green wanted to see a status report on the City Manager applications. 42. 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. City Council Regular Minutes January 23, 2007. 2. EDC Report, February 1, 2007 - Cancelled 3. Report EDC January 18, 2007. FINANCIAL REPORTS 1. Payment of bills as presented on February 23, 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 43. Adjourn. Council Member Mosier made the motion to adjourn at 9:35 p.m. Council Member Anderson seconded the motion. Motion passes. AYE 7 NAY 0 ASTAIN 0 ATTEST: APPROVED: Na a Wilkison, City Secretary Mayol Kenneth Pelham 02-27-07 Council Minutes.doc 10 02-27-07