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HomeMy WebLinkAbout2005-09-27 Regular Meeting MinutesMINUTES CITY OF ANNA REGULAR CITY COUNCIL MEETING September 27, 2005 7:00 PM Community Room, Texas Star Bank The City Council of the City of Anna met in Regular Session at 7:00 p.m., Tuesday, September 27, 2005, at the Community Room, Texas Star Bank, located at 402 W. White Street (FM 455), to consider the following items. 1. Call to Order. Mayor, Kenneth Pelham called the meeting to order at 7:00 p.m. 2. Roll Call and Establishment of Quorum. Mayor Kenneth Pelham and Council Members Lynn Mosier, Mark Montgomery, J. W. Finley and John Goren were present. Council Member Bobby Shiner was absent. 3. Pledge of Allegiance. 4. Citizen comments. None 5. Consider presentation by Anna Volunteer Fire Department. Fire Chief, David Hunt, handed out the reports for July and August and quarterly report through September 12, 2005. Job descriptions for the hired personnel have been turned in to Lee Lawrence, City Manager. Council Member Mosier wants two of the Anna VFD and 2 or 3 of the council members to be on the committee to hire the fire personnel. Mayor, Kenneth Pelham reminded Council that the Charter calls for the City Manager to hire City employees and that he could appoint a committee if he so desires. 6. Second Public Hearing: To consider public comment on annexation of 236.495 acre tract in the Granderson Stark Survey, Abstract 798, located south of E. White Street along the east side of the DART rail line, property being owned by O.P. Leonard Investment Company, Ltd. and Alice Leonard Investment Company, Ltd. Mayor, Kenneth Pelham opened the public hearing at 7:05 p.m. City Manager, Lee Lawrence reviewed the location of the property for Council. No comments from the public. Public Hearing closed 7:07 p.m. 7. First Public Hearing: To consider public comment on annexation of 737.3 acre tract in the Granderson Stark Survey, Abstract 768, and the D. E. W. Babb Survey, Abstract No. 33, located east of S. Powell Parkway (SH 5), generally bounded by CR 421, CR 419, and CR 417, and including a 171 acre tract north of CR 421 and east of CR 422. Mayor Kenneth Pelham opened the public hearing at 7:07 p.m. City Manager, Lee Lawrence reviewed the location of the land to be annexed. No public comments. Public hearing closed at 7:08 p.m. 8. ConslderfDlscuaWAct on resolution establishing the dates, times, and places for public hearings for the annexation of the following property: A tract in the J. C. Neill Survey, Abstract 659, being an area generally bounded by FM 455, FM 2862, and SH 121, including property owned by T. W. West Estate, Alan J. Walters, Elizabeth Hendricks, and the Texas Department of Transportation. City Manager, Lee Lawrence reviewed the location of the property for proposed annexation. He fuller stated that it is our understanding that this property is being slated for some sort of a Special Utility District. Two annexations will be required to for this property. Council Member Garen made the motion to accept the resolution setting the public hearing dates, times and place for property bounded by FM 455, FM 2862, and SH 121, including property owned by T. W. West Estate, Alan J. Walters, Elizabeth Hendricks, and the Texas Department of Transportation. Council Member Finley seconded the motion. Motion passes. Aye 5 Nay 0 Abstained 9. ConaidedDiscuss/Act on recommendation of Planning and Zoning Commission regarding preliminary plat for Lakeview Estates. City Manager, Lee Lawrence stated that P & Z had reviewed the plat and this is the second time through for this plat, it expired the first time. City Manager, Lee Lawrence reviewed the location of the property for this plat. P & Z recommended for the plat failed with a tie vote 3 to 3. Maurice Schwanke went over the three variances that are on the plat and that P & Z felt they spent a lot of time reviewing the first plat and they liked it better than they like the new preliminary plat. Staff was glad that the plat came back because the thoroughfare plan was not in place for the first plat and the City did not have adequate right-of-way for the road. Council Member Finley made the motion to approve the plat. Council Member Montgomery seconded the motion. Motion passes 4 to 1. Aye 4 Nay 1 Abstained (Council Member Geren) 10. Consider/Discuss/Act on recommendation by Planning and Zoning Commission regarding a final plat for the Van Anna Addition. Sandra Bryant presented the plat and answered questions from Council Members. Maurice Schwanke answered questions from Council on P & Z's objections to the plat. Maurice Schwanke stated that P & Z was getting the site plan requirements confused with the final plat requirements. Item's needing to be addressed before approving the plat are the road improvements and sanitary sewer issues. Council Member Montgomery made the motion to approve the final plat contingent upon a development agreement working out the sanitary sewer and road issues being approved. Council Member Geren seconded the motion. Motion passes. Aye 5 Nay 0 Abstained 0 11. Reconsideration and possible action on platting of Price Addition. Whit Price presented his approved plat with the dedication requesting that Council reconsider having an easement instead of a dedication for the road right- of-way. Council Member Mosier made the motion to obtain an easement and not a dedication from Mr. Price. Council Member Garen seconded the motion. Motion failed. Aye 2 Nay 3 (Council Members Montgomery Abstained 0 and Finley; Mayor Pelham) City Attorney, Clark McCoy recommended that Council take a vote to reconsider its prior approval the plat because the approval had been conditioned on a dedication of roadway right-of-way. Because of new directives from the Legislature and the fact that the landowners has not previously made a formal dedication, the conditioned approval of the plat could be reconsidered and the plat rejected until there is compliance with the new legislative directives. A motion by Council Member Montgomery was made to reconsider and reject the final plat based on the issue related to the right-of-way dedication. Council Member Finley seconded the motion. Motion passed. Aye 3 Nay 2 (Council Member Mosier Abstained 0 And Garen) 12. Presentation on park projects. Maurice Schwanke was present and answered questions on the handouts on the status of the parks. Bill Hemenway from the Park Board was present and answered questions from council members. 13. Consider/DiscuWAet on Agreement to Transfer Retail Water Utility Service and CCN Service Area (between City of Anna and North Collin Water Supply Corporation. City Manager, Lee Lawrence reviewed the area being transferred for council and answered questions. Council Member Montgomery made the motion to approve the Agreement to Transfer Retail Water Utility Service and CCN Service Area between City of Anna and North Colin Water Supply Corporation. Council Member Finley seconded the motion. Aye 5 Nay 0 Abstained 14. Consider presentation by representatives of Anna Economic Development Corporation. Julian Smith with the Anna Economic Development Corporation gave a summary of things the corporation has done to try to get a major grocery store in Anna. The members of Anna EDC have passed a resolution to encourage the Anna City Council to use all necessary and available resources to expedite the location and construction of a Brookshire's grocery company store in Anna, Texas. Sandra Bryant of the Anna EDC added that they have also talked about the sales tax allocation they receive be raised and the charter needing to be changed so that members of the EDC do not have to live in the City. 15a. Public Hearing: To consider public comment on proposed ordinance adopting a water conservation and drought contingency plan. Mayor Kenneth Pelham opened the public hearing at 8:31 p.m. Jerry Chapman with the Greater Texoma Utility Authority was present went over some of the changes that the legislature has required and answered questions from council members. Public Works Director, James Parkman has reviewed the plan and is in agreement with it. Public hearing closed at 8:41 p.m. 15b. Consider/Discuss/Act on ordinance adopting City of Anna Water Conservation and Drought Contingency Plan. Council Member Montgomery made the motion to adopt the Drought Contingency and Water Conservation Plan without Table 3.1 water rates. Council Member Finley seconded the motion. Motion passes. Aye 5 Nay 0 Abstained 16. Consider/Discuss/Act on resolution approving DART rail crossing on Rosamond Parkway. City Manager, Lee Lawrence briefed Council that the Dallas Area Rapid Transit has determined that it needs a resolution approving the rail crossing on Rosamond Parkway with the street being named Sweetwater. He also stated that he has consulted with City Attorney, Clark McCoy and that the City can change the name at any time. Council Member Montgomery made the motion to adopt the resolution approving the rail crossing at Sweetwater Crossing. Council Member Finley seconded the motion. Aye 5 Nay 0 Abstained 17. Consider/Discuss/Act on creation of administrative assistant position in Police Department Police Chief Jenks explained that since he has lost Officer Howard Days to being called up to serve in Iraq that he has the money sitting in the budget for his salary. The increasing amount of records management for his department grows as the city grows. He has a volunteer that is spending about 30 hours a week now. Chief Jenks is asking for the flexibility to use the money for a part time salary. City Manager, Lee Lawrence stated that Council was being asked to create this position because currently there is not a position for an administrative assistant in the police department and to give Chief Jenks the flexibility to hire some one if he chooses. Council Member Finley made the motion to approve an administrative position to the Chief of Police. Council Member Geren seconded the motion. Motion passes. Aye 5 Nay 0 Abstained 18. ConsideNDiscussfAct on leasing of software licenses. Assistant City Manager, Wayne Cummings presented to Council Microsoft's recommendation that the City go to leasing the software licenses instead of buying individual software for each computer. The leasing keeps the software updated with new versions as they become available. Council Member Montgomery made the motion to authorize the leasing of software licenses. Council Member Finley seconded the motion. Motion passes. Aye 5 Nay 0 Abstained' 0 At 8:57 p.m. Council Member Montgomery made the motion to go into executive session. Council Member Mosier seconded the motion. Motion passes. Aye 5 Nay 0 Abstained 0 19. 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. 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). Council Member Finley made the motion to return to open session at 9:49 p.m. Seconded by Council Member Montgomery. Motion passes. Aye 5 Nay 0 Abstained The council reserves the right to return to executive session throughout this meeting. 20. Consider and act upon items listed under Item 19 Executive Session, as accessary. Council Member Finley made the motion to take no action from executive session. Council Member Garen seconded the motion. Aye 5 Nay 0 Abstained 0 21. Consider/Discuss/Act on ordinance relating to on -street parking. Council Member Garen made the motion to pass the ordinance relating to on - street parking. Council Member Mosier seconded the motion. Motion passes. Aye 5 Nay 0 Abstained 0 22. Consider/Discuss/Act on resolution authorizing establishment of mutual boundary between City of Weston and City of Anna. City Manager, Lee Lawrence asked Council to table this item. There a couple of issues that needs to be explored further. Council Member Mosier made the motion to table the dem. Council Member Montgomery seconded the motion. Motion passes. Aye 5 Nay 0 Abstained 0 23a. Commissioner Duane Hayes. Consider/Discuss/Act on letter of resignation of Planning and Zoning Council Finley made the motion to accept Duane Hayes letter of resignation. Council Member Mosier seconded the motion. Motion passes. Aye 5 Nay 0 Abstained 0 23b. Consider/Discuss/Act on appointment to fill vacancy on Planning and Zoning Commission, Place 1. Council Member Garen made the motion to nominate Joseph Boda. Council Member Mosier seconded the motion. Council Member Mosier made the motion for nominations to cease. Council Member Geren seconded the motion. Motion passes. Aye 5 Nay 0 Abstained 0 24a. Consider/Discuss/Act on letter of resignation of Planning and Zoning Commissioner Bethany Jablonski. Council Member Finley made the motion to accept the resignation of Bethany Jablonski. Council Member Garen seconded the motion. Motion passes. Aye 0 Nay 0 Abstained 0 24b. Consider/Discuss/Act on appointment to Till vacancy on Planing and Zoning Commission, Place 5. Council Member Finley made the motion to nominate Ron Ferguson for Place 5. Motion fails for lack of a second. Council Member Montgomery made the motion to nominate Molly Young. Council Member Mosier seconded the motion. Council Member Mosier made the motion for nominations to cease. Council Member Montgomery seconded the motion. Aye 3 Nay 2 (Council Member Finley Abstained 0 and Garen) 25s. Consider/Discuss/Act on letter of resignation of Park Board member Bethany Jablonski. Council Member Montgomery made the motion to accept Bethany Jablonski's letter of resignation. Council Member Mosier seconded the motion. Motion passes. Aye 5 Nay 0 Abstained 0 25b. Consider/Discuss/Act on appointment to fill vacancy on Park Board, Place 3. Council Member Finley made the motion to nominate Ron Ferguson. Motion failed for lack of a second. Council Member Montgomery made the motion to nominate Joe Osbom. Council Member seconded the motion. Council Member made the motion to nominate Richard Pennington. Council Member Finley seconded the motion. Council Member Garen made the motion for nominations to cease. Council Member Finley seconded the motion. A vote of 3 to 2 puts Joe Osborn on the Park Board, Place 3 position. Council Member Mosier, Montgomery and Finley for Osborn and Council Member Goren and Mayor Pelham for Pennington. 26. Consider/Discuss/AM on appointment to fill vacancy on Park Board, Place 4. Council Montgomery made the motion to nominate Angie Toles to fill Place 4 on the Park Board. Council Member Mosier seconded the motion. Council Member Mosier made the motion for nominations to cease. Council Member Montgomery seconded the motion. Motion passes. Aye 5 Nay 0 Abstained 0 27a. Consider/Discuss/Act on letter of resignation of City Council Member Robert "Bobby" T. Schiener. Council Member Finley made the motion to accept Bobby Schiener's resignation. Council Member Garen seconded the motion. Motion passes. Aye 5 Nay 0 Abstained 0 27b. Consider/Discum/Act on procedure for filling vacancy of City Council position, Place 5. Council Member Garen made the motion to fill the position by appointment. Council Member Finley seconded the motion. Motion passes. Aye 5 Nay 0 Abstained 0 27c. Consider/Discuss/Act on calling an election for November 8, 2086, to fill City Council position, Place 5. 27d. Consider/DiscusslAct on making an appointment to flll City Council, Place 5. Council Member Garen made the motion to appoint David Crim to fill City Council, Placa 5. Council Member Finley seconded the motion. Council Member Mosier made the motion for nominations to cease. Council Member Garen seconded the motion. Motion passes David Crim will fill Place 5. Aye 3 Nay 2 (Council Member Montgomery Abstained 0 and Mayor Pelham) 28. Staff report(s) and discussion of other Issues, Including suggestions for future agenda items, as desired by city council members and staff. Council Member Montgomery asked staff to draft a code of ethics. Council Member Mosier questioned City Manager, Lee Lawrence on his knowledge of the fire department for hiring personnel. Mayor Pelham swore in David Crim for City Council, Place 5 position. 29. 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 Minutes from the City Council Regular Meeting of September 13, 2005 2. Report of meeting of Park Board of September 19, 2005 3. Report of meeting of Planning and Zoning Commission of September 6, 2005 4. Report of Economic Development Corporation of September 15, 2005. 5. Report of meeting of Technology Advisory Commission of August 18, 2005 FINANCIAL REPORTS 1. Payment of bills as presented on September 22, 2005. 2. Financial report as of August 31, 2005. Council Member Mosier asked about the Hammer property and the bids for the addition to City Hall. City Manager, Lee Lawrence addressed the items. Council Member Finley made the motion to approve the consent items. Council Member Garen seconded the motion. Motion passes. Aye 5 Nay 0 Abstained 0 30. Adjourn. Council Member Finley made the motion to adjourn at 10:15 p.m. Council Member Nosier seconded the motion. Motion passes. Aye 5 Nay 0 Abstained 0 ATTEST: APPROVED: ✓� moi' -_ �_ Natl# Wilkison, City Secretary `X-dfiineth Pelham, Mayor