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.
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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
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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.
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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
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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
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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.
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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.
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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
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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
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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
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