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HomeMy WebLinkAboutCCmin2007-11-13MINUTES OF CITY OF ANNA REGULAR MEETING AGENDA — CLOSED SESSION November 13, 2007 6:45 PM Anna City Hail Administration Building The City Council of the City of Anna met in Closed Session at 6:45 p.m., Tuesday, November 13, 2007, at the Anna City Hall Administration Building, located at 111 North Powell Parkway (Hwy 5), regarding the following items. 1. Cali to Order. Mayor Kenneth Pelham called the meeting to order at 6:45 p.m. 2. Roll Cali and Establishment of Quorum. Mayor Kenneth Pelham and Council Members Mike Crist , Kevin Anderson, Keith Green, John Garen, David Crim and Billy Deragon were present. Council Member Anderson made the motion to go into executive session at 6:46 p.m. Council Member Green seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 3. 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); and The council reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. Council Member Anderson made the motion to return to open session at 7:24 p.m. Council Member Deragon seconded the motion. Motion passes. r" `' r...311I��i' 11-13-07 CC Minutes.doc 1 11-13-07 4. Adjourn. Council Member Anderson made the motion to adjourn at 7:24 p.m. Council Member Deragon seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN ATTEST: APPROVED: 2 FWA /�rn M 11-13-07 CC MinutesAm 2 11-13-07 L' LT9X KX*T2 CITY OF ANNA REGULAR MEETING AGENDA — OPEN SESSION NOVEMBER 13, 2007 7:30 P.M. ANNA CITY HALL ADMINISTRATION BUILDING The City Council of the City of Anna met in Regular Session at 7:30 p.m., Tuesday, November 13, 2007, at the Anna City Hall Administration Building, located at 111 North Powell Parkway (Hwy 5), to consider the following items. 1. Call to Order. Mayor Kenneth Pelham called the meeting to order at 7:30 p.m. 2. Pledge of Allegiance. 3. Citizen comments. None 4. Consider/Discuss/Action regarding the Anna/Melissa Sewer Line Project and to ask Council to proceed with the issuance of the remaining reservation of $3.4 million for the second phase of the project. Jerry Chapman with GTUA was present and turned the discussion to Bob Helmberger with DWR Corporation and project engineer for the Anna/Melissa Sewer Line Project. Mr. Helmberger briefed council regarding a 20% increase in the project costs. Mr. Chapman handed out a proforma data sheet and went over the City's revenue's and expenses and answered questions from council members. Council Member Green made the motion to approve. Council Member Geren seconded the motion. Motion passes. 5. Consider/Discuss/Action regarding approving GTUA awarding the bid for County Road 369/371 Waterline Project Tim Moms the City's consulting engineer was present and briefed council on the bids and recommended that W. R. Hodgson Co. the low bidder at $203,169.15 be awarded the project and answered questions from council members. Council Member Crim made the motion to approve. Council Member Crist seconded the motion. Motion passes. 11-1307 CC Minutes.doc 3 11-13-07 AYE 7 NAY 0 ABSTAIN 0 6. Consider/Discuss/Action regarding approving GTUA awarding the bid for West Crossing Blvd. Waterline Extension to Rosamond Pkwy. Project. Council Member Crim made the motion to approve W.R. Hodgson Co. bid of $175,512.00. Council Member Geren seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 0 7. Consider/Discuss/Action regarding awarding the bid for FM 455 Widening Project. Joe Helmberger with Helmberger Associates explained that bids were opened, references have been checked on and he recommended accepting McMahon Contracting bid of $271,379.17. Council Member Crim made the motion to approve. Council Member Green seconded the motion. Motion passes. AYE 6 NAY 1 (CM Anderson) ABSTAIN 0 8. Consider/Discuss/Action regarding an Ordinance Repealing the Anna Code of Ethics. Council Member Crim stated that he thought state law covered council on this and he thought that the ordinance should be repealed at this time. Mayor Pelham stated that he thought the ordinance held council and staff to a higher standard. Mayor Pelham made the motion to deny. Council Member Deragon seconded the motion. Council Member Crist stated that he agreed with the Mayor and thought that the higher standard was good. Council Member Deragon stated that he was not on council at the time this was adopted but he thought that we needed the higher standard for council. Council Member Geren stated that the Code of Ethics was adopted out of anger. New City Manager, Philip Sanders stated that he and staff will be held to a higher standard. Motion passes. AYE 5 NAY 2 (CM Geren and Crim) ABSTAIN 0 S. Consider/Discuss/Action regarding a Final Plat for the Dalton Addition. The property is located at the corner of 8m Street and Interurban. Interim City Manager Kenny Jenks stated that P & Z recommended approval of the final plat and that the property is in the City's ETJ. Council 11-13-07 CC Minutes.dm 4 11-13-07 Member Crist made the motion to approve. Council Member Anderson seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 10.Consider/Discuss/Action regarding a Development Plat for Eric and Annette Patrize, property being in the James Slater Survey, A868, located in the Anna Lakes Estates Addition. Interim City Manager Kenny Jenks stated that P & Z recommended approval of the development plat and that the property is in the City's ETJ. Council Member Crim made the motion to approve. Council Member Anderson seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 11. Public Hearing: (2"d) For City Council to hear public comment on the annexation of a 7 acre tract of land (South Grayson Water Tower) in the Z. F. Lester survey located on the west side of Powell Pkwy (Hwy 5) and south of County Rd. 373. Mayor Pelham opened the public hearing at 8:05 p.m. There was no public comment. Mayor Pelham closed the public hearing at 8:05 p.m. 12. Public Hearing: For City Council to hear public comment regarding a request by Mr. Joe A. Greer, Jr. for a Specific Use Permit to allow the operation of a tire store with no outside storage on the tract, located at 501 N. Powell Pkwy (Hwy 5), Anna, Texas. The property is currently zoned as Restricted Commercial (C-1). Mayor Pelham opened the public hearing at 8:06 p.m. Jeff Caponera spoke against having the business locate in Anna. Darren Driskell spoke against the business locating in Anna. Mayor Pelham closed the public hearing at 8:08 p.m. 13.Consider/Discuss/Action regarding a request by Mr. Joe A. Greer, Jr. for a Specific Use Permit to allow the operation of a tire store with no outside storage on the tract, located at 501 N. Powell Pkwy (Hwy 5). Council Member Garen made the motion to deny. Council Member Green seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 0 11-13-07 CC Minutes.dm 5 11-13-07 14. Public Hearing For City Council to consider public comment on a request by 40 PGE LTD to revise the existing Planned Development (PD) Ordinance No. 58-2003 for rezoning of a 39.99 acre tract in the G. Stark Survey, Abstract No. 0798. Petitioner request changes in their Planned Development (PD) zoning from a combination of Single Family Residential (SF -1) and Restricted Commercial (C-1) to a PD Zoning consisting of General Commercial (C-2) zoning with some uses restricted. Property is located at the northeast corner of the intersection of S. Powell Parkway (Hwy 5) and County Road 421. Mayor Pelham opened the public hearing at 8:09 p.m. Dr. Charles Vance spoke in favor of the zoning change. Alexander Hamilton spoke in favor of the zoning request. Jed Dolson spoke in favor of the zoning. Mayor Pelham closed the public hearing at 8:17 p.m. 15. Consider/Discuss/Action on recommendation regarding request by 40 PGE LTD to revise the existing Planned Development (PD) Ordinance No. 58-2003 for rezoning of a 39.99 acres tract to PD zoning consisting of General Commercial (C2) zoning with some uses restricted. Maurice Schwanke, Planning Consultant was present and stated the P & Z approved the ordinance as it is presented to council. City Attorney, Clark McCoy stated that the council is not by its approval is not conceding that Skorburg Co. has no obligations in the future as to thoroughfare issues. Mr. McCoy also stated that in 1.2 Permitted Uses in the last sentence, the last word "restricted" should be changed to "prohibited." Jed Dolson spoke about the thoroughfare plan and the rezoning of the property. Adam Bucheck with Skorburg Co. also spoke about the approval of the site plan and the zoning. City Attorney, Clark McCoy asked that the minutes reflect that 1.3 can be deleted and that council is only making a decision on the zoning and the thoroughfare configuration is being reserved for the future, for council to make a decision on it separately. Council Member Crist made the motion that the zoning be approved with the modified wording; 1.2 the word "restricted" shall be changed to prohibited; 1.3 shall be stricken; this is only for the approval of the zoning. Council Member Crim seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 0 11-1307 CC Minutesdm 6 11-1307 16.Consider/Discuss/Action regarding approval of the Anna Community Development Corporation Fiscal 2007-2008 Budget. Council Member Grist had questions about the line item Miscellaneous — Taxes, Insurance, and Training and did not believe that CDC should be paying for insurance. Council Member Crim answered questions about the budget. Council Member Grist made the motion to take no action. Motion died for the lack of a second. Council Member Geren made a motion to approve as stands. Council Member Anderson seconded the motion. Motion passes. AYE 6 NAY 1 (CM Crist) ABSTAIN 0 17. Consider/Discuss/Action regarding a Resolution Exempting the Taxation of Goods -In -Transit as defined by Tax Code, Section 11.253. Council Member made the motion to deny the resolution. Council Member Crist seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 0 18.Consider/Discuss/Action regarding a Progress Report from Anna Economic Development Corporation. President, Richard Pennington spoke to council about bringing a year end report to council in December to give an update on EDC activities. 19.Consider/Discuss/Action regarding the City Council of the City of Anna Casting Ballots for the Board of Directors for the Central Appraisal District of Collin County. Council Member Geren made the motion to cast all 5 votes to Kevin Anderson. Council Member Grist seconded the motion. Uyj 20.Consider/Discuss/Action regarding a resolution requesting that each of the boards and council send one member to a Grant Writing Training on December 14, 2007 at Collin County Community College. Council Member Crist explained the Grant Writing Training. City Attorney, Clark McCoy suggested wording change to say "to seek volunteers to attend" and that "Exhibit A" should be the application for the training contained in the packet materials. Council Member Crim made the motion to approve. Council Member Geren seconded the motion. Motion passes. 11-1307 CC Minutes.doc 7 11-1307 AYE 7 NAY 0 ABSTAIN 0 21. Staff Reports: 1. Parks 2. October permits — 5 residential and 0 commercial 3. Water Leak Adjustments — Public works has been researching the issue. Public Works Director, James Parkman stated that his suggestion to not credit the water but to credit the sewer on outside leaks. Council Member Crist suggested a 3 -month averaging. The Slayter Creek Park is moving forward. CDC can use the Texas Leverage Fund to get a loan ($500,000.00) to help fund the project. Geer Park is mowed and can be used for soccer practice. CDC can be approached to sod the field in the future. 22. Future Agenda Consideration. Council Member Grist would like to see a resolution to tax goods in transit. Council Member Garen asked to take a vote on whether to have the item on the next agenda again. Council Member Deragon seconded the motion. Motion fails. AYE 1 (CM Grist) NAY 6 ABSTAIN 0 Council Member Anderson wanted to investigate using other electric providers. Council Member Green wanted to see an ordinance prohibiting the use of cell phones in school zones during the operations of children being transported to and from school. Council Member Deragon would like to look at the animal ordinance; recycling and recognizing Kenny Jenks for his service. 23.Consider and act upon items listed under Closed Session, as necessary. Council Member Garen made the motion to take no action. Council Member Com seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 0 11-1307 CC Minutes.doc 8 11-1307 24. 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 a. EDC Special Minutes August 6, 2007 b. EDC Minutes October 4, 2007 c. EDC Minutes October 11, 2007 d. City Council Minutes October 9, 2007 e. City Council Minutes October 23, 2007 f. CDC Minutes July 17, 2007 g. CDC Minutes September 18, 2007 h. P & Z Minutes October 2, 2007 I. P & Z Minutes -Workshop October 26, 2007 FINANCIAL REPORTS 1. Payment of bills as presented on November 9, 2007. Council Member Crim made the motion to approve the consent items. Council Member Green seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 0 26.Adjourn: Council Member Anderson made the motion to adjourn at 9:04 p.m. Council Member Garen seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 0 ATTEST: APPROVED: Ci Secretary, Natha Wilkison ' ayor, Kenneth Pelham 11-13-07 CC Minutes.doc '119o... 11-13-07