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HomeMy WebLinkAbout2005-04-12 Regular Meeting MinutesMINUTES CITY OF ANNA REGULAR CITY COUNCIL MEETING April 12, 2005 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, April 12, 2005, at the Community Room, Texas Star Bank, located at 402 W. White Street (FM 455), to consider the following items. Call to Order. The meeting officially called to order at 6:35 p.m. by Mayor Kenneth Pelham. 2. Roll Call and Establishment of Quorum. Mayor Kenneth Pelham, Mayor Pro Tem Mark Montgomery, and councilmembers J. W. Finley, Jr. and John Geren were present. Councilmembers Buddy Hayes and Lynn Mosier were absent. 3. Work Session a. Cunningham mobile home issue. b. Audit c. Financial Report/Budget Lee Lawrence, City Administrator, stated that item (a) would be considered later in the session. He briefly discussed the FY 2003-2004 audit. He noted that just a few years ago, the City of Anna had little to no funds in reserve. Today, however, the City has adequate reserve funds to actually withstand significant emergencies. Lawrence stated that the City would be making major capital improvements over the next two years. Unless otherwise directed, he stated that the City would continue to issue debt to fund the capital investments and use developer fees (held in escrow) to pay debt service on the debt. He noted that there were several major expenditures that the City was considering over the next few months that the council needed to consider. These included • 50% share of costs for engineering, ROW purchases, and environmental assessment for FM 455 expansion; the total cost will be approximately $100,000 for the next four years • Improvements to three county roads — approx $57,000 during current fiscal year • Server at City Hall — approx. $25,000 • Website costs — approx. $5-$10,000, over next 18 months He noted that City reserves will have to be tapped to cover these costs. Regular session began at 7:07 p.m. 04-12-05 City Council Minutes.doc Page 1 of 7 04-12-2005 4. Consider citizen comments and presentations. Susan Copeland, 314 E 8'h Street, was recognized to state that she had filed a claim with the City regarding alleged property damage due to water leak caused by street improvement contractor. She asked if City intended to fix the roads, dig trenches and replace gravel that had been washed away as well as gravel allegedly used by City Public Works crew. Lee Lawrence advised Council that the contractor agreement did not include ditch work. City staff had initially asked the City of Anna s consulting engineer to look at the drainage issue. He concluded that the current drainage situation was not going to be affected by the work being done and that enlarging drainage ditches might make the situation worse, not better. He also stated that the Anna ISD was advised of a mound of dirt that appeared to be blocking the drainage coming west from 8th Street. Mr. Lawrence also noted that several homes in the area were built on property lower than the street and therefore drainage will go into these yards. Mario Ramos, resident of the Falls Subdivision, stated there is heavy speeding through the area. There are twenty (20) to thirty (30) children at any given time, playing near the streets. He noted that in a recent incident a woman left a 40 foot skid mark in the road in an effort to stop before hitting a child. Mr. Ramos asked council to consider a stop sign, children at play sign, speed bump or reduction in speed limit to possibly 20 mph. 5. Review and consideration of approval of audit for FY 2003-2004. Rod Abbott of Gregg and Company, the firm hired to conduct the City's audit, gave an overview of the audit for fiscal year 2003-2004. He reviewed details on audit internal controls and efficiency. He advised council on the importance of the Community Development Corporation's need for documentation and accountability. Mr. Abbott stated that generally the City of Anna is in good financial shape as of September 30, 2004. Motion to approve audit for FY 2003-2004 by Councilman Mark Montgomery, seconded by J. W. Finley, Jr. 3 aye 0 nay 0 abstained Councilman Lynn Mosier arrives at 7:38 p.m. 6. Consider ordinance annexing the following tract: A 20.00 acre tract in the Gwyn Morrison Survey, Abstract No. 559, located on the south and east sides of FM 2862 at the southeast corner of the intersection of FM 2862 and CR 425, owned by the Anna Independent School District. Motion to approve Ordinance No. 201-2005 annexing a 20.00 acre tract in the Gwyn Morrison Survey, Abstract No. 559, located on the south and east sides of FM 2862 at the southeast corner of the intersection of FM 2862 and CR 425 by Councilman John Geren, seconded by J. W. Finley, Jr. 4 aye 0 nay 0 abstained 04-12-05 City Council Minutes.doc Page 2 of 7 04-12-2005 Consider action regarding final plat for FBC Addition. David Surdukan, representative for First Baptist Church, presented final plat. Dedication of ROW and easement on Hwy 5 was included. Mr. Lawrence noted that plat was recommended for approval by Planning and Zoning Commission. Motion to approve final plat for FBC as presented by Councilman Mark Montgomery, seconded by J. W. Finley, Jr. 4 aye 0 nay 0 abstained 8. Consider action regarding preliminary plat for Anna Retail Addition. At 7:40 p.m., Mayor Pelham turned meeting over to Mayor Pro Tem, Mark Montgomery due to a possible conflict of interest due to family relationship with Mr. Bob Carr, president of the development company that owns property involved in Anna Retail Addition plat. Bob Carr was recognized to ask council for approval of the preliminary plat for Anna Retail Addition. Mr. Terry Wright, Wright Group Architects of Terrell, Texas, briefly reviewed preliminary plat design and engineering. Motion to approve preliminary plat for Anna Retail Addition by Councilman J. W. Finley, Jr., seconded by John Geren. Councilman Montgomery expressed concern about fact that only one piece of the larger tract was included in the plat and than no overall plan was being presented for the entire tract. 3 aye 1 nay 0 abstained (opposed — Mark Montgomery) Mayor Pelham returns and presides over continuation of meeting. 9. Consider resolution establishing public hearing schedule for annexation of 17 acre tract on CR 376, on request of Anna ISD, the property owner. Motion to approve resolution 2005-04-01 establishing public hearing schedule for 17 acre tract on CR 367 for Anna ISD by Councilman J. W. Finley, Jr., seconded by Mark Montgomery. 4 aye 0 nay 0 abstained 10. Discuss and consider action regarding the cost estimates received from Collin County for road Improvements to County Road 283 and County Road 286. Mr. Lawrence noted that the council at their prior meeting had asked for clarification regarding Collin County road improvements. He directed council's attention to the letter received from Carla Weiss which listed the factors used by Collin County to consider improvements. 04-12-05 City Council Minutes.doc Page 3 of 7 04-12-2005 11 12. Mark Montgomery expressed concern with the County's lack of consideration to the City's needs and priority list. Mr. Lawrence noted that a possible explanation could be the large traffic counts on CR 383 and CR 386 and that those are listed on both the city and county thoroughfare plan. Mr. Montgomery made a motion to approve cost estimates received from Collin County for road Improvements to County Road 283 and County Road 286, with a future list of the City's priority roads to be sent to the County for consideration. Motion was seconded by J. W. Finley, Jr. 4 aye 0 nay 0 abstained Review and consider action regarding smoking regulations. Motion to table action on smoking regulations until next council session by Councilman J. W. Finley, Jr., seconded by John Geren. 3 aye 1 nay 0 abstained (opposed — Mark Montgomery) Discuss and consider action regarding building(s) for use by City of Anna, to be located at 101 N. Powell Parkway (adjacent to existing City Hall building). Mr. Lawrence was recognized to review three estimates regarding temporary buildings for use until the future City Hall Facility is built. • Architect estimate from ProForma — (approx. $283,000 for 2500 s.f. building extension.) • Comark Building —Modular — (approx. $229,000 for 5200 s.f. modular building) • Mike Copeland — (approx. $144,000 for 5200 s.f. separate building) An extended discussion ensued regarding what action should be taken next. Mayor Pelham reminded the Council of the eight months of deliberation over this item, previous estimates and non -decision making. The Mayor stated that the City is under staffed and has no facility to house the staff needed to operate the City. He maintained that additional space was required during the interim while a new City Hall was being built. Mark Montgomery and other council members expressed concern about the proposed Copeland building layout, particularly relative to future use of the building. John Geren stated that his view that it is a mistake to build a temporary building. He advised use of another building in town as an interim measure. Mayor Pelham reminded the Council that any new City Hall building is at least two years away and something is needed now. Consideration was given to possibly approve a temporary building with a maximum cost cap attached. Several members agreed that the interim building should be designed to be used for another City function later, such as a community center or library. 04-12-05 City Council Minutes.doc Page 4 of 7 04-12-2005 Clark McCoy, City attorney, stated that the City might want to look into a design and build concept, which would expedite the process. In addition, he noted that there appeared to be issues that could be more appropriately discussed in Executive Session. Motion to approve a 5200 s.f. building on a slab by Councilman Finley, seconded by Mark Montgomery. After further discussion and with approval by Mr. Montgomery, the motion withdrawn by Mr. Finley. Motion to table item until after Executive Session by Councilman J. W. Finley, Jr., seconded by Mark Montgomery. 4 aye 0 nay 0 abstained 13. 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 position of Municipal Judge of the City of Anna, Texas. (Government Code, Section 551.074) C. 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). The council reserves the right to return to executive session throughout this meeting. Motion to enter into Executive Session at 8:35 p.m. by Mark Montgomery, seconded by J. W. Finley, Jr. 3 aye 0 nay 0 abstained (Councilman John Geren was not present) Motion to return to open session at 10:05 by Councilman Mark Montgomery, seconded by Lynn Mosier. 4 aye 0 nay 0 abstained 14. Consider and act upon items listed under Item 14 Executive Session, as necessary. Motion to solicit design and build estimates and bring back to council at a future date by Councilman Mark Montgomery, seconded by Lynn Mosier. 4 aye 0 nay 0 abstained 04-12-05 City Council Minutes.doc Page 5 of 7 04-12-2005 15. Consider action regarding employment of Municipal Judge. Motion to approve employment contract with Bonnie L. Goldstein for Anna Municipal Court Judge by Counciman Mark Montgomery, seconded by John Geren. 4 aye 0 nay 0 abstained 16. Consider approval of Minutes of meeting of March 22, 2005. Motion to approve the Council meeting minutes of March 22, 2005 by J. W. Finley, Jr., seconded by Councilman John Geren. 4 aye 0 nay 0 abstained 17. Staff report(s) and discussion of other issues, including suggestions for future agenda items, as desired by city council members and staff. a. Cunningham mobile home location issue. Mr. Lawrence advised council that a development plat would be required for the Cunningham property at the south edge of the city. City will notify property owner of requirements. b. Trash contracts Wayne Cummings, Assistant City Administrator, advised the Council that the residential trash contract is being signed by Bradshaw & Sons. Language details were being reviewed between attorneys with regards to the Waste Management contract. c. Eighth Street damage claims. Eighth Street damage claims and TML (Texas Municipal League) insurance responses were presented to council for review. Additional council concerns- • Timeframe for Water Deposit refunds — Wayne Cummings advised Council that the refunds are done each month, when the accounts are closed out. • Warning Sirens — Meeting with Federal Signal is set for next week. • Playground Equipment — install next week or within 10 days; work should take approx. 6 days; installing 3 units; only one swing not installed • County park grant status — 30 days left • State grant status — 3 years left • Mowing needed at softball field area, especially railroad area for parking; contact DART regarding gravel • Commend Ty Chapman on excellent job regarding restoration of boy's ball field 18. Consider action on payment of bills. Motion to pay the bills by Councilman J. W. Finley, Jr., seconded by Lynn Mosier. 04-12-05 City Council Minutes.doc Page 6 of 7 04-12-2005 4 aye 0 nay 0 abstained 19. Financial report. Motion to table until next meeting by Councilman Mark Montgomery, seconded by Lynn Mosier. 4 aye 0 nay 0 abstained 20. Adjourn. Motion to adjourn at 10:23 p.m. by Councilman Lynn Mosier, seconded by John Geren. pye 0 nay 0 abstained c, 6 " k Mayor Kenneth Pelham A. Hobden 04-12-05 City Council Minutes.doc Page 7 of 7 04-12-2005