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HomeMy WebLinkAbout2003-05-27 Regular Meeting MinutesMINUTES CITY OF ANNA REGULAR CITY COUNCIL MEETING May 27, 2003 7:30 PM, ANNA ELEMENTARY SCHOOL CAFETERIA The City Council of the City of Anna met in Regular Session at 7:30 p.m., Tuesday, May 27, 2003, at the Anna Elementary School Cafeteria, 601 S. Sherley Street, and considered the following items: 1. Call to Order. The Mayor called the meeting to order at 7:30 p.m. 2. Roll Call and Establishment of Quorum. The following members were present and participating: Mayor Kenneth L. Pelham, Mayor Pro -Tem Mark Montgomery, Councilman J. W. Finley, Jr., Councilman John Geren, Councilman Lynn Mosier -(entered the meeting at 7:36 p.m.) and Councilman Chris Caldwell. The following members were absent: None 3. Consider citizen comments and presentations. No comments from the public. 4. Public Hearing: Water and Sanitary Sewer Rate Adjustments. Administrator Lawrence presented information to the Council and Public about the financial condition of the Water Fund. Currently the Debt for the Water Fund is being paid for by property taxes instead of by revenues from the operation of the water department. Several revenues on the financial report should be reserved for Capital improvements. Mr. Haker and Mr. Ponder expressed concern over the water quality on South Interurban St. The Public Works Director advised he would check into the problem. There were no other comments from the public. Councilman Geren moved to hold another public hearing at the next council meeting and to put the water rate on the agenda for action. Mayor Pro -Tem Montgomery seconded the motion. 5 Aye 0 Nay 0 Abstain Unanimous Motion Carried 5. Consider action to approve by-laws for Anna Community Development Corporation. Councilman Mosier moved to approve the by-laws for the Community Development Corporation. Mayor Pro -Tem Seconded the motion. 5 Aye 0 Nay 0 Abstain Unanimous Motion Carried 05-27-03 Council Minutes-Regular.doc Page 1 of 4 05/27/2003 6. Consider action on budget for Anna Community Development Corporation. Administrator Lawrence explained that the Anna Community Development Corporation must hold public hearings before expending funds for any projects. The total expenditures for the budget year are $47,700.00. Mayor Pro -Tem Montgomery moved to approve the budget as submitted. Councilman Caldwell seconded the motion. 5 Aye 0 Nay 0 Abstain Unanimous Motion Carried 7. Public Hearing: Petition for zoning change on property located at 901 N. Powell Parkway, property owned by Anthony L. Geer. Administrator Lawrence explained this is the property between Highway 5 and the Geer trailer park north of the water well. He is requesting to put in a mini storage facility. Currently the property will be required to be zoned as I-1 or light industrial to locate this use on the property. When the new zoning ordinance is approved the property will be changed to a zoning category that allows mini storage in that district. 8. Consider action on petition for zoning request relating to property located at 901 N. Powell Parkway, property owned by Anthony L. Geer. Councilman Mosier moved to approve the change in zoning to I-1 with the understanding that it will change to a commercial district in the new zoning ordinance. Councilman Finley seconded the motion. 4 Aye 1 Nay (Geren) 0 Abstain Motion Carried 9. Consider action on resolution setting date, time, and place for public hearings on annexation of a 344.33 acre tract in the J. M. Kinkaid Survey, Abstract No. 509, Joseph Boyle Survey, Abstract 105 and the John Coffman Survey, Abstract 197, owner being Dr. William Weaver, located on the north and south sides of W. White Street between S. Central Expressway and Hurricane Creek. Councilman Mosier moved to approve the resolution setting the date, time, and place for public hearing. Councilman Finley seconded the Motion. 5 Aye 0 Nay 0 Abstain Unanimous Motion Carred 10. Consider action on appointment of Fire Marshal. Council Members requested that the Administrator to find out the qualifications for a Fire Marshall. Mayor Pro -Tem Montgomery moved to table the item until more information is provided on the appointment. Councilman Finley seconded the motion. 5 Aye 0 Nay 0 Abstain Unanimous Motion Carried The Council took a 10 minute break from 8:45 p.m. until 8:55 p.m. 05-27-03 Council Minutes-Regular.doc Page 2 of 4 05/27/2003 11. EXECUTIVE SESSION: Under terms of Chapter 551 of Texas Government Code the City Council may enter into CLOSED SESSION or Executive Session to discuss the following: A. To consult with legal counsel regarding pending or contemplated litigation involving Prime Media Group, Brian Roper, Angela Roper, Roper's Wrecker Service, and any other parties involved in the lease and/or construction of an off-site freestanding sign located at 1593 FM 455. (Government Code, Chapter 551.071) The attorney was not present therefore this item was not taken up at this time. Return to open session. 12. Consider and act upon items listed under item 10 Executive Session, as necessary. A. Consider action to authorize legal counsel to pursue actions as necessary to enforce Ordinance 2001-01 and Ordinance 63-2003 and any other relevant and appropriate ordinances and regulations of the City of Anna relative to the construction of an off- site freestanding sign located or to be located at 1593 FM 455 (Roper's Wrecker Service). No action by the City Council 13. Consider action on Ordinance No. 77-2003 denying TXU Gas Company's request to change rates. Administrator Lawrence explained to the Council the representative from TXU Gas had requested the council adopt the ordinance denying the request for a rate change. This is the first time a Gas Rate case has been filed statewide and the case would be decided at the state level. Councilman Mosier moved to approve the Ordinance denying the rate request. Councilman Caldwell seconded the motion. 5 Aye 0 Nay 0 Abstain Unanimous Motion Carried 14. Discussion of issues relating to off -premises sale of beer, wine, and alcoholic beverages. The council discussed ways to regulate the sale of alcoholic beverages and need to have the regulations in place if the election to allow the sale is approved by the voters. There was discussion about the zoning requirements that could be imposed by the council and other regulations on the sale of alcohol. There was no official action taken by the Council. 15. Consider action on Facilities Construction Agreement Amending Meadow Creek (The Falls) and Creekside Subdivision Facilities Agreements. 05-27-03 Council Minutes-Regular.doc Page 3 of 4 05/27/2003 Administrator Lawrence explained this agreement addresses the issue of the sanitary sewer line that follows Throckmorton Creek from FM 455 to CR 367 to the sewer plant. The developers will put the line in and be credited for their capital improvement fees to be paid to the City. The project will be inspected by the City's Inspector. Councilman Finley moved to approve the agreement contingent on approval by the City Attorney. Councilman Mosier seconded the motion. 3 Aye 2 Nay (Montgomery & Caldwell) 0 Abstain Motion Carried 16. Staff reports and items for discussion. A copy of the Anna ISD facility plan was given to the Council. The Administrator explained that a company was interested in putting an antenna on the city water tower and had offered to pay the city $1,300.00. The Administrator did not think this was sufficient compensation and would not suggest accepting the offer. Mayor Pro -Tem Montgomery suggested that the Code of Ethics should be discussed more at a future council meeting. 17. Financial report. The Council reviewed the report. 18. Payment of bills. Mayor Pro -Tem Montgomery moved to approve the bills for payment. Councilmen Finley seconded the motion. 5 Aye 0 Nay 0 Abstain Unanimous Motion Carried 19. Adjourn. Councilman Finley moved to adjourn the meeting. Councilmen Mosier seconded the motion. 5 Aye 0 Nay 0 Abstain Unanimous Meeting adjourned at 9:35 p.m. enneth L. Pelham, Mayor ATTEST: Wayne E. Cummings, City Secretary 05-27-03 Council Minutes-Regular.doc Page 4 of 4 05/27/2003