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HomeMy WebLinkAbout2004-09-21 Special Meeting MinutesMINUTES CITY OF ANNA SPECIAL CITY COUNCIL MEETING September 21, 2004 7:00 PM Community Room, Texas Star Bank The City Council of the City of Anna met in Special Session at 7:00 P.m., Tuesday, September 21, 2004, at the Community Room, Texas Star Bank, located at 402 W. White Street (FM 455), and considered the following items: 1. Call to Order. The meeting was called to order by Mayor Kenneth Pelham at 7:03 pm. 2. Roll Call and Establishment of Quorum. Council members Buddy Hayes, Lynn Mosier, Mark Montgomery, J. W. Finley, John Garen and Mayor Kenneth Pelham were in attendance. 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 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. (Government Code, Chapter 551.071). It. To consult with legal counsel regarding pending or contemplated litigation. (Government Code, Chapter 551.071). Motion to enter into Executive Session at 7:05 by Councilman Mark Montgomery, seconded by Councilman Lynn Mosier. 5 aye 0 nay 0 abstained 4. Consider action on position of Administrative Assistant or Development Coordinator of the City of Anna, Texas. Motion to terminate employment of Mary Jo Babcock, based on the audit completed by Gregg & Company, by John Garen, seconded by J W. Finley. 5 aye 0 nay 0 abstained 5. Discussion and possible action regarding employment of position of Chief of Police. Minutes 09-21-04.doc Page 1 of 8 Minutes 09-21-04.doc Motion to consider other candidates for the position of Police Chief by Mark Montgomery, seconded by Lynn Mosier. 5 aye 0 nay 0 abstained Motion to amend the motion to consider other candidates for the position of Police Chief to include and authorize background checks on the other candidates by Mark Montgomery, seconded by Lynn Mosier. 5 aye 0 nay 0 abstained 6. Discussion and possible action regarding the transfer of water service territory from the North Collin Water Supply Corporation. Ryan Betz, representative from the Skorburg Co. offered to answer any questions the Council may have. There were no questions. Motion by Councilmember Mark Montgomery to enter into an agreement to transfer retail water and utility service area with North Collin Water Supply Corporation including parties of the City of Anna and Richard M. Skorburg, Inc., subject to final approval of language of agreement by City's legal counsel, seconded by Councilman J. W. Finley. 5 aye 0 nay 0 abstained 7. Presentation by representatives of Anna Youth Sports Association (AYSA). Mr. Bill Hemmingway, 6147 E FM 455, Anna, Texas, and current President of AYSA, presented the council with a check for $30,000 payable to the City of Anna. This funding is to support the City's recently funded new city park as a memorial to Dan and Mark Walters. Dan Walters was one of the founders of AYSA (Anna Youth Sports Association). Councilman Lynn Mosier asked that two of our parks be named after Dan and Mark Walters. Other Council members agreed and advised notifying the Park Board. 8. Presentation regarding code enforcement issues (Mr. Alvin Jenkins). Mr. Jenkins not present, Mayor Kenneth Pelham skipped to item #26 to allow additional time for Mr. Jenkins to arrive. No action. 9. Anna Volunteer Fire Department a. Review of monthly reports Fire Chief David Hunt gave a review of monthly fire reports. Brief discussion on the Fund Raiser cookout last weekend and the turnout. Discussed the tanker truck, Minutes 09-21-04.doc Page 2 of 8 Minutes 09-21-04.doc specs and bids from about 7 companies. The best bid was approximately $134,000. No trade in of the other trucks was allowed. Wayne E. Cummings, Assistant City Administrator, stated we need to open bids. Lee Lawrence, City Administrator advised that Mr. Hunt get together with him regarding bids. 10. Consider action on resolution regarding relocation and rehabilitation of train depot facility. Mr. Garen advised the council that the City should be careful than no financial support was implied in resolution. Motion to pass resolution regarding the relocation and rehabilitation of train depot facility by Mark Montgomery, seconded by Lynn Mosier. Councilman John Geren abstained. 4 aye 0 nay 1 abstained (Geren) 11. Consider action on position of City Secretary. Lee Lawrence, City Administrator, advised the Council of the intent to split Wayne Cummings duties. Wayne is currently the Assistant City Administrator and City Secretary. Lawrence asked council to appoint Barbara A. Hobden as the new City Secretary. She was recently hired and has shown admirable work performance. She is well suited and interested in serving in the position. Wayne E. Cummings resigned his position as City Secretary before the Council. Motion to accept Wayne E. Cummings resignation as City Secretary by Buddy Hayes, seconded by Lynn Mosier. 5 aye 0 nay 0 abstained Motion to appoint Barbara A. Hobden as the new City Secretary for the City of Anna by Mark Montgomery, seconded by Lynn Mosier. 5 aye 0 nay 0 abstained 12. Public Hearing To consider public comment on City of Anna proposed budget for fiscal year 2004-2005. Public Hearing opened at 8:38 pm. Lee Lawrence gave a brief review on the updates to the budget discussed at previous Council sessions. Topics included the increase in the Water Department salary section, due to previous miscalculation, new Municipal Court, new Police Department and Texas Municipal Retirement System numbers and calculations. Consideration to revise the current TMRS percentages by late October, early November was given. General Fund Water Fund Minutes 09-21-04.doc Page 3 of 8 Minutes 09-21-04.doc Revenues $1,936,888 Revenues $1,686,161 Expenditures $1,872,352 Expenditures $1,377,327 Excess Revenue $ 64,535 Excess Revenue $ 79,441 No additional comments. Public hearing closed at 9:06 pm. 13. Consider action on City of Anna Fiscal Year 2004-2005 Budget. Motion to adopt the City of Anna Fiscal Year 2004-2005 Budget by Councilman Lynn Mosier, seconded by J. W. Finley. 5 aye 0 nay 0 abstained 14. Consider action on City of Anna Tax Rate for Fiscal Year 2004-2005. No change to current tax rate. The tax rate for the 2004-2005 Fiscal year will remain .499703. Motion to adopt the City of Anna Tax Rate for Fiscal Year 2004-2005 by Mark Montgomery, seconded by Buddy Hayes. 5 aye 0 nay 0 abstained 15. Consider action to authorize advertisement for bids for solid waste collection service. Motion to authorize advertisement for bids for solid waste collections with bids for 3 & 5 year contract alternates and with a recycling alternative and including the following items in specifications; trucks no greater than 15 cubic yards; all commercial trash service to be collected through City, except roll -off containers and once a month pick up of larger items. Motion by Councilman John Garen, seconded by J. W. Finley. 5 aye 0 nay 0 abstained 16a. Public Hearing To consider public input regarding proposed amendment to City of Anna Subdivision Regulations (Ordinance No. 2000-01) establishing requirements for dedication and construction of thoroughfares and perimeter and approach streets. Speakers at the hearing will be heard according to their order on a listing available at the council meeting. Public Hearing opened at 9:25. Brief review by Lee Lawrence regarding the amendment of the Subdivision Ordinance. He recommended not taking action on section (b) of this item due to research not yet completed. Public Hearing closed at 9:29 pm 16b. Consider action on ordinance amending City of Anna Subdivision Regulations (Ordinance No. 2000-01) establishing requirements for dedication and construction of thoroughfares and perimeter and approach streets. Minutes 09-21-04.doc Page 4 of 8 Minutes 09-21-04.doc Motion to table amending Ordinance No. 2000-01 until next council session by Councilman Mark Montgomery, seconded by J. W. Finley. 5 aye 0 nay 0 abstained 17. Consider action regarding final plat for West Crossing, Phase 1. John Baker, developer for West Crossing, gave a brief overview of the final plat. Mr. Baker stated that he concurred with all desired concerns addressed by the City of Anna's consulting engineer, Tim Morris, including drainage issues, and that a plat and construction plans with the requested changes would be submitted to City. Motion to approve the final plat for West Crossing, Phase 1 contingent on changes in plat as recommended by engineer, Tim Morris, by Mark Montgomery, seconded by Lynn Mosier. 5 aye 0 nay 0 abstained 18. Consider action regarding preliminary plat for Davis/Primrose tract. Nathan Thompson, representing Carter and Burgess, gave a brief review of the design for the Davis/Primrose tract. Three points of drainage will be worked out prior to final plat stage. Motion to approve preliminary plat for Davis/Primrose tract with drainage issue cleared up by final plat by Mark Montgomery, seconded by Buddy Hayes. 5 aye 0 nay 0 abstained 19. Consider action regarding final plat for Tara Farms, Phase 5. Drainage easement not acquired at this time. Motion to approve final plat for Tara Farms, Phase 5 by JW Finley, seconded by John Garen. Councilmen Buddy Hayes, Lynn Mosier and Mark Montgomery opposed. 2 aye 3 nay 0 abstained Motion to deny without prejudice by Councilman Mark Montgomery, seconded by Lynn Mosier, Councilmen Finley and Geren opposed. 3 aye 2 nay 0 abstained 20. Consider action on ordinance annexing 189 acre tract in the R. Whitaker Survey, Abstract 1011, and the S. Moore Survey, Abstract 627, tract located on the northeast corner of North Powell Parkway (SH 5) and CR 376. No action. Minutes 09-21-04.doc Page 5 of 8 Minutes 09-21-04.doc 21 a. Public Hearing To consider public comment on request by Centurion American Development Group, Inc., for Planned Development Single Family Residential zoning for a 189 acre tract in the R. Whitaker Survey, Abstract 1011, and the S. Moore Survey, Abstract 627, tract located on the northeast corner of North Powell Parkway (SH 5) and CR 376. Speakers at the hearing will be heard according to their order on a listing available at the council meeting. Public Hearing opened at 10:18 pm. Request no action be taken at this time by Lee Lawrence, City Administrator. Molly Young, a resident of Anna, requested larger side yards. Public Hearing closed at 10:28 pm.. 21 b. Consider action on ordinance providing for Planned Development Single Family Residential zoning for a 189 acre tract in the R. Whitaker Survey, Abstract 1011, and the S. Moore Survey, Abstract 627, tract located on the northeast comer of North Powell Parkway (SH 5) and CR 376, request by Centurion American Development Group, Inc. Motion to table by Councilman Mark Montgomery, seconded by Buddy Hayes. 5 aye 0 nay 0 abstained 22. Consider action to approve Facilities Agreement between Centurion American Development Group and City of Anna relating to 189 acre tract in the R. Whitaker Survey, Abstract 1011, and the S. Moore Survey, Abstract 627, tract located on the northeast corner of North Powell Parkway (SH 5) and CR 376. Motion to table by Councilman Mark Montgomery, seconded by Buddy Hayes. 5 aye 0 nay 0 abstained 23. Public Hearing To consider public comment on request for annexation of property owned by Anna Independent School District, said property consisting of 58.34 acres located in the Martin Moore Survey, Abstract No. 649, property being located at the northwest corner of CR 370 and CR 369. Speakers at the hearing will be heard according to their order on a listing available at the council meeting. Public Hearing opened at 10:30 pm. The site was identified as a possible future Anna Independent School District site. No additional comments. Public Hearing closed at 10:31 pm. 24. Discuss facilities plan and take action as desired regarding appointment of Facilities Committee. Minutes 09-21-04.doc Page 6 of 8 Minutes 09-21-04.doc After brief discussion, staff was directed to publish a notice advising citizens that applications would be accepted for positions on the Facilities Committee. Mayor noted that he wanted to be a member of the committee. Motion to form a Facilities Committee and publish a notice to secure applicants by Mark Montgomery, seconded by J. W. Finley. 5 aye 0 nay 0 abstained 25. Discuss formation of Charter Commission and take action as desired regarding appointment of Charter Commission. Mr. Lawrence briefly reviewed the requirements, which include the requirement that member must be residents and there be 15 members on the commission. The City currently has 10-12 applicants who have indicated that they are willing to serve. Motion to approve formation of a Charter Commission and advertise for such positions by Mark Montgomery, seconded by John Garen. 5 aye 0 nay 0 abstained 26. Consider citizen comments and presentations. No comments. 27. Consider approval of Minutes of meetings of August 10, 2004, August 24, 2004, August 31, 2004, and September 7, 2004. Motion to approve the Minutes of meetings of August 10, 2004, August 24, 2004, August 31, 2004 and September 7, 2004 by Lynn Mosier, seconded by Mark Montgomery. 5 aye 0 nay 0 abstained 28. Staff report(s) and discussion of other issues, including suggestions for future agenda items, as desired by city council members and staff. On next agenda, plan to cover the items tabled. A comment was made last council session by Councilman Buddy Hayes, with regards to a complaint for non-payment of a pending invoice from Mr. Bradshaw (trash service). Barbara Hobden was advised by Council to obtain clarification and status. In her findings she stated that a conversation had taken place between Cathy Crane, Finance department, and Mrs. Bradshaw prior to the last council session of 9/16/04. Mrs. Bradshaw was advised about the process of presenting bills before the council for payment and why there had been a delay. Ms. Crane also told Mrs. Bradshaw that the City of Anna would gladly cut her a check that day if she so desired. Mrs. Bradshaw said there was no problem and that company would wait until the 21" to receive approval and payment. Minutes 09-21-04.doc Page 7 of 8 Minutes 09-21-04.doc A copy of the quote provided by Tim Morris, City's consulting engineer, to repair South InterUrban Street was presented to council. After brief discussion, staff was directed to obtain an estimate of the cost to make improvements to South Interurban similar to recent improvements on South Riggins Street. 29. Consider action on payment of bills. Motion to pay bills by Councilman Mark Montgomery, seconded by John Geren. 5 aye 0 nay 0 abstained 30. Adjourn. Motion to adjourn at 11:02 by Councilman Lynn Mosier, seconded by Buddy Hayes. 5 aye 0 nay 0 abstained Mayor Kenneth Pelham ATTEST: Barbara A. Hobden City Secretary Minutes 09-21-04.doc Page 8 Of 8 Minutes 09-21-04.doc