HomeMy WebLinkAbout2004-11-09 Regular Meeting MinutesMINUTES
CITY OF ANNA
REGULAR CITY COUNCIL MEETING
November 9, 2004 6:30 PM
Community Room, Texas Star Bank
The City Council of the City of Anna met in Regular Session at 6:30 p.m., Tuesday,
November 9, 2004, at the Community Room, Texas Star Bank, located at 402 W. White
Street (FM 455), to consider the following items.
Call to Order.
The workshop portion of the meeting was officially called to order at 6:35 p.m. and
regular session began at 7:03 p.m., by Mayor Kenneth Pelham.
2. Roll Call and Establishment of Quorum.
Mayor Pelham, Councilmen Mark Montgomery, Buddy Hayes, John Garen and J. W.
Finley were present. Councilman Lynn Mosier was absent.
3. Work Session/Council Briefing.
Lee Lawrence, City Administrator, gave a brief review of the agenda items;
a) GrahamMarcus recap of previous council session;
b) Video inspections -already seeing a few problems with plumbing inspections not being
properly done; breakage; construction debris, etc. Need to add provision to ordinance
and assess fee;
c) Amendment to flood damage prevention ordinance — possibly contracting a certified
individual or firm. Important, engineering background with specialty in FEMA;
d) Waste disposal service;
e) Annexation schedules;
f) EDC budget approval;
g) Possible property purchase;
h) Modular building — need office space, new court area, consideration on adding on to
existing structure.
Councilman Lynn Mosier arrives.
4. Consider citizen comments and presentations.
No comments.
5. Consider action to authorize contract with GrahamMarcus for building inspection
services.
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Clark McCoy, City Attorney spoke briefly about the contract language and minimal
changes with regards to GrahamMarcus. Bill Graham had no objections to the changes
in the contract and would also supply the city with copies of all insurance coverages.
Some concern was given from the council regarding open bids being required. Mr.
McCoy stated this is a professional service contract and does not require bidding. Ty
Chapman will continue code enforcement on an interim basis; if the arrangement is
unsatisfactory to either side, the City will then need to make other arrangements for code
enforcement services. Ty Chapman will remain in the area. Bill Graham reiterated that
the transition will be seamless, no increase of fees without approval; no termination of
contract on either side without written notice.
Motion to table item until next session by Councilman J. W. Finley, seconded by Mark
Montgomery.
5 aye 0 nay 0 abstained
6a. Public Hearing
To consider public comment regarding proposed revisions to the Subdivision
Ordinance of the City of Anna by requiring video inspections of new yard lines
and connections to sanitary sewer mains and establishing fee for said inspection
service.
Public Hearing opened at 7:18 p.m.
2 TR -U iliS , 0
Public Hearing closed at 7:19 p.m.
6b. Consider action on ordinance amending the Subdivision Ordinance of the City of
Anna by requiring video inspections of new yard lines and connections to
sanitary sewer mains and establishing fee for said inspection service.
No ordinance to review
Motion to table item until future council session by Mark Montgomery, seconded by Lynn
Mosier.
5 aye 0 nay 0 abstained
Consider action on ordinance amending Flood Damage Prevention Ordinance of
the City of Anna by revising Article 4, Section A, to appoint the City Administrator,
or his designee, to administer the Flood Damage Prevention Ordinance.
Complicated technical and engineering issues are involved with certifying the
documents that are submitted under the requirements of the Flood Damage Prevention
Ordinance. It must be approved and/or certified by a city official, but the person who
actually reviews the flood studies, permit qualifications and compliance is usually a
certified hydrologists or firm which specializes in FEMA (Federal Emergency
Management Agency) requirements. Lee Lawrence recommends changing the
ordinance, which will allow him to contract with a qualified, experienced firm or agency.
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Motion to table amending ordinance until a future council session by Mark Montgomery,
seconded by Buddy Hayes.
5 aye 0 nay 0 abstained
8. Consider action regarding contract for solid waste collection.
A presentation of the current trash service, their vested interest in Anna and their intent
to grow as the community grows by Shirley Bradshaw of Bradshaw & Son. John Klaiber
of Waste Management also gave the highlights of their bid for trash service. Dr. Wardell
stated that he was aware of the current bids and their affect on the school district and as
long as there were no hidden surcharges, he was not opposed to including the Anna ISD
in the contract. Clark McCoy, city attorney also advised the council of the equal
protection issue with regards to churches, schools and free service.
The current contract holder, Bradshaw & Son, agreed to continue service, though
contract expired on 10/31/04.
Motion to reject all bids and revisit the current trash ordinance, removing Anna ISD from
the ordinance and re -bidding the trash service by Councilman Mark Montgomery,
seconded by J. W. Finley.
4 aye 1 nay 0 abstained (John Geren opposed)
9. Consider action on resolutions accepting petitions and setting annexation
schedules for the following tracts:
a. A 1.000 acre tract in the David Van Winkle Survey, Abstract No. 937,
owner being BERA, Inc., represented by Mr. Pete Spiros, located on the
north side of State Highway 121, approximately 0.6 miles east of Sister
Grove Creek.
b. A 3.113 acre tract in the Hiram Brinlee Survey, Abstract No. 30,
owner being BP Products Corporation, represented by Mr. Louis
Leutwyler, located on the south side of State Highway 121, approximately
2.0 miles west of Sister Grove Creek.
C. A 4.073 acre tract in the Hiram Brinlee Survey, Abstract No. 30,
owner being BP Products Corporation, represented by Mr. Louis
Leutwyler, located on the south side of State Highway 121, approximately
2.1 miles west of Sister Grove Creek.
d. A 6.000 acre tract in the Hiram Brinlee Survey, Abstract No. 30,
owner being BP Products Corporation, represented by Mr. Louis
Leutwyler, located on the south side of State Highway 121 on CR 420,
approximately 2.2 miles west of Sister Grove Creek.
e. A 47.135 acre tract in the J. C. Neil Survey, Abstract No. 859, owner
being BP Products Corporation, represented by Mr. Louis Leutwyler,
located on the north side of State Highway 121, adjacent to and east of
Sister Grove Creek.
f. A 7.920 acre tract in the J. C. Neil Survey, Abstract No. 859, owner
being BP Products Corporation, represented by Mr. Louis Leutwyler,
located on the south side of State Highway 121, approximately 0.1 mile
east of Sister Grove Creek.
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g. A 3.500 acre tract in the Z. F. Lester Survey, Abstract No. 546, owner
being Spencer Plumbing, Inc., represented by Mr. Bryan Spencer, located
on the west side of N. Powell Parkway (State Highway 5), at the southwest
corner of N. Powell Parkway and CR 373.
Elizabeth James, a resident of Sheffield Farms in the extraterritorial jurisdiction of the
City, expressed concern with the intent of the annexations. She also asked if the area
was for intended to be used for industrial development. She also asked the Council to
please keep the trails and Sister Grove Creek in mind when making decisions.
Clark McCoy advised council to schedule annexations as they deem necessary.
Lee Lawrence also advised that the property owners requesting annexation did not
request water and sewer services until such time as the services were available in the
area.
Motion to adopt the resolutions, striking location and time, by Councilman Mark
Montgomery, seconded by J. W. Finley.
5 aye 0 nay 0 abstained
10. Consider action to approve budget of Anna Economic Development Corporation.
Motion to approve budget for Anna Economic Development Corporation by Lynn Mosier,
seconded by J. W. Finley. (Copy of budget attached to these minutes.)
5 aye 0 nay 0 abstained
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. Purchase, exchange, lease, or value of real property (Government Code,
Chapter 551.072).
B. Personnel: To deliberate the employment of the position of Chief of
Police and the employment contract of the City Administrator of the City
of Anna, Texas. (Government Code, Section 551.074)
The council reserves the right to return to executive session throughout this
meeting.
Motion to go into Executive Session at 8:20 p.m. by Councilman Mark Montgomery,
seconded by J. W. Finley.
5 aye 0 nay 0 abstained
Motion to close Executive Session at 9:30 p.m. by John Garen, seconded by Buddy
Hayes.
5 aye 0 nay 0 abstained
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12. Consider action to approve property purchase by Economic Development
Corporation.
Trey Hughes, member of the Economic Development Corporation spoke briefly about
other cities and their EDC's choice to allow specific use light industrial areas.
Sandra Bryant, member of the Economic Development Corporation said that the EDC
envisioned an area much like the area in McKinney behind Walmart, which is basically a
light industrial area. The EDCwould be careful about what would be located there,
would require screening and landscaping, andwould go through the normal PZC and
Council approval process for zoning, site planning, etc. The worst-case scenario would
be having to sell the property in the future if not used.
Motion to authorize the purchase of property by the Economic Development Corporation
by Councilman Mark Montgomery, seconded by John Garen.
4 aye 0 nay 1 abstained (Buddy Hayes)
13. Discuss and consider action as desired regarding purchase of modular building.
Lee Lawrence, City Administrator recommended no action at this time. The City may
look into expanding the existing building or linking the two buildings. Estimates of the
costs of both projects need to be compiled and presented to council.
Motion to table the purchase of the modular building until a future council session by
Mark Montgomery, seconded by Buddy Hayes.
5 aye 0 nay 0 abstained
14. Consider and take action as desired regarding contract between City of Anna and
Lee Lawrence, City Administrator.
Motion to renew contract with Lee Lawrence, referencing section 3; paragraph 1, with a
5% increase plus 2% cost of living increase to the nearest whole thousand by
Councilman Mark Montgomery, seconded by J. W. Finley.
5 aye 0 nay 0 abstained
15. Consider and act upon items listed under Item 11 Executive Session, as
necessary.
Motion to take no action by Councilman John Geren, seconded by J. W. Finley.
5 aye 0 nay 0 abstained
16. Consider approval of Minutes of meetings of October 26 and November 1, 2004.
Motion to approve the minutes of meetings of October 26 and November 1, 2004 by
Councilman Lynn Mosier, seconded by Mark Montgomery.
5 aye 0 nay 0 abstained
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17. Staff report(s) and discussion of other issues, including suggestions for future
agenda items, as desired by city council members and staff.
• Playground equipment & baseball fields — Bill Hemenway advised the City
Administrator that he would get the numbers and specifications for setup and
materials.
• Council was advised that City had received official notification of funding in
amount of $100,000 in grant funds from Texas Parks and Wildlife Department for
the trail along Slater Creek north of W. White Street.
• S. Interurban street — no estimates available at this time; should be on next
regular agenda.
• Street work — contract documents sent out a week or two ago; delay is the
company's obtaining bonds and insurance coverage.
• DART — DART board has passed resolution approving crossing at Sweetwater
Crossing.
• Skorburg Town Center — Mr. Lawrence reiterated than the staff and city council
had not made any commitments regarding any future city hall location.
18. Consider action on payment of bills.
Motion to pay the bills by Councilman Lynn Mosier, seconded by John Garen.
5 aye 0 nay 0 abstained
19. Financial report.
Motion to table the Financial Report review by Councilman Buddy Hayes, seconded by
Lynn Mosier.
5 aye 0 nay 0 abstained
20. Adjourn.
Motion to adjourn at 10:17 by Councilman Lynn Mosier, seconded by John Garen.
5 aye 0 nay 0 abstained
yor Kenneth Pelham
ATTEST:
X466
HBe ra A. Hobden, City Secretary
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