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HomeMy WebLinkAbout2006-06-27 Regular Meeting MinutesMINUTES OF CITY OF ANNA REGULAR CITY COUNCIL MEETING AGENDA June 27, 2006 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, June 27, 2006, at the Community Room, Texas Star Bank located at 402 W. White St, (FM 455), to consider the following items. 1. Call to Order. Acting Mayor David Crim called the meeting to order at 7:00 p.m. 2. Roll Cali and Establishment of Quorum. Acting Mayor David Crim and Council Members Kevin Anderson, Keith Green, John Garen and Billy Deragon were present. Mayor Kenneth Pelham and Council Member Lynn Mosier were absent. 3. Pledge of Allegiance. 4 Citizen comments. Molly Young handed out an article to council members for their information on IT- Wi-Fi for the Masses. 5. ConsidedDiscuss/Action for Cub Scout Pack 293 Sponsorship Opportunities. Council Member Garen made a motion to consider/discuss/action for Cub Scout Pack 293 Sponsorship Opportunities, Council Member Anderson seconded the motion. AYE 5 NAY 0 ABSTAIN 0 Chad Joyce, the Wolf Den Leader with Cub Scout Pack 293 made a presentation to council. City Manager, Lee Lawrence suggested to council that they may want to set up a committee to set the criteria for these types of donations/sponsorships to non-profit organizations. Council Member Deragon made a motion to ask the City Manager to give council a figure for a possible donation to Cub Scout Pack 293 and to develop the guidelines for the future. Council Member Green seconds the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 0627-08 Coundl Mhutea.00c 1 W27-06 6. Public Hearing: (2nd) For council to hear public comment on an annexation petition by Mr. M. T. Akhavizadeh for the following tract of land: A 57.48 acre tract of land being part of a 66.543 in the J.0 Brantley Survey, Abstract 114, located on the "at side of Hwy 5 north, south side of County Road 376 and west of County Road 427. Acting Mayor Com opened the public hearing at 7:16 p.m. City Manager, Lee Lawrence made a brief location summary to council. Molly Young asked about the location of the land in relation to the EDC property. Acting Mayor Crim dosed the public hearing at 7:19 p.m. 7. ConsidedDlecussfAction on an Ordinance annexing a 10.150 acre frac of land In the Granderson Stark Survey located on the north side of CR 421, approxlmataly 1750' east of the DART rail line, property being owned by Mr. Frank Allen. City Manager, Lee Lawrence stated that he had passed to council a request from the Skorburg Co., representing the owner of the property, to not annex this property at this time. Council Member Decagon made a motion to take no action on this item. Council Member Geren seconded the motion. Motion passes. AYE 5 NAY (I ABSTAIN Public Hearing: To consider public comment on a request by Mr. Taylor Armstrong, representing "The Armstrong Trust', for Planned Development zoning Including: Single Family Residential and Commercial uses, a 207 acre tract of land in the S. E. Roberts Survey, Abstract No. 786 and the Ell W. Witt Survey, Abstract No. 997. Properly is located in an area bounded on the north by CR 371, on the east by CR. 369, on the south of property owned by Anna ISD and AB:H Investment and on the west of property owned by Leonard and Judy Harlow. Acting Mayor Crim opened the public hearing at 7:22 p.m. Taylor Armstrong made a presentation to council on the development of this property. Acting Mayor Crim dosed the public hearing at 7:26 p.m. 9. Consider/DiscussfActon on ordinance regarding request by Mr. Taylor Armstrong representing 'The Armstrong Trust' for Planned Development zoning including: Single Family Residential and Commercial uses, a 207 acre tract of land in the S. E. Roberts Survey, Abstract A0786 and the Ell W. Witt Survey, Abstract 0997. Property is located In an area bounded on the north by CR 371, on the east by CR. 369, on the south of properly owned by Anna ISD and A&H Investment and on the west of property owned by Leonard and July Harlow. Taylor Armstrong answered questions from council members. Council members expressed the need for commercial uses. Council Member Garen made the motion to approve the zoning request. Council Member Anderson seconded the motion. Motion passes. 06-27-06 Council Minut"Acc 2 0647-06 AYE 5 NAY 0 ABSTAIN 0 10. Consider/Discuss/Action on recommendations from Planning and Zoning Commission regarding garagelcovered parking requirements for multi- family and town homes. City Manager, Lee Lawrence stated Ihis was not really an action item, that staff was seeking direction from council, 1' they want to pursue this recommendation from P & Z regarding covered parking. Council Member Anderson made the motion to send this item back to P & Z for covered parking for multi -family housing. Council Member Garen seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 11. ConsldedDiscuss/Action on an Ordinance changing the EasbWest section of Mimosa to Acacia In the Willow Creek Phase 2 Addition for addressing In a consistent matter for emergency response. Council Member Green made the motion to approve the ordinance. Council Member Anderson seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 12. Consider/Discuss/Action on awarding the bid for Smith Street paving and drainage improvements or including the Smith Street paving and drainage Improvements In the Rosamond Parkway paving and drainage improvements project. City Manager, Lee Lawrence asked council to reject all bids for this project and to direct staff to combine the Smith Street project with the Rosamond Parkway. The bids came in much higher than staff anticipated and the hope is to reduce the cost on the Smith Street project by combining it with the Rosamond Parkway project. Council Member Anderson made the motion to reject the bids and to combine the Smith Sheet and Rosamond Parkway projects into one and go out for bids. Council Member Deragon seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 Council Member Garen made the motion to go into dosed session at 7:45 p.m. Council Member Deragon seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 13. CLOSED SESSION: Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to: a, discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §651.072); b. discuss or deliberate commercial or financial information received from a business prospect that may be sought to locate, stay, or 06-27-06 Council Minu4s.doc 3 0627-06 expand in or near the territory of the City in connection with current economic development negotiations or the offer of a financial or other Incentive to such a business prospect (Tex. Gov't Code §551.087); c. 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. (Tex. Gov't Code $551.071). The council reserves the right to, enter Into executive session at any time throughout this meeting under any applicable exception to the Open Meetings Act. Council Member Anderson made the motion to return to open session at 8:25 p.m. Council Member Garen seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 14. Consider/DlscusslActlon regarding extension of Atmos Energy natural gas service line along W. White Street JFM 455) westward to U.S. Highway 75. City Manager, Lee Lawrence brought council up to date on the need to bring natural gas to Hwy 75 and to find a way to finance doing this. Staff will come back at the next meeting with a proposal of how to fund the line extension. 15. Consider/Discuss/Action regarding Notice of Intent to Sell Facilities and Transfer the Certificate of Convenience and Necessity (CCN) of South Grayson WSC to City of Van Alstyne In Collin County and Grayson Counties, Texas. City Manager, Lee Lawrence explained the notice of intent to sell facilifies and said he did not believe that the city had any objections to this transfer. 18.ConsideNDlscuss/Actlon on Authorizing the Issuance of Time Warrant for the purchase of a Police Car and Authorizing the Mayor of the City of Anna, Texas to execute the Time Warrant. Passed on this item. 17. Consider/Discuse/Action on the adoption of an ordinance authorizing the Issuance and sale of City of Anna, 'Texas, Tax Note, Series 2006; levying an annual ad valorem tax and providing for the security for and payment of said note; and enacting other provisions relating to the subWL A representative with First Southwest made a presentation and answered questions from council members. City Manager, Lee Lawrence asked council to also give staff the authorization to use existing funds to close on property and the general fund would be reimbursed with the issuance and sale of the Tax Note Series 2006. Council Member Deragon made the motion to adopt the ordinance. 06-27-06 Council MlnutwAm 4 06-27-06 Council Member Garen seconded the motion. Motion passes. Council Member Deragon made the motion to amend the motion to add authorization to use funds and reimburse those funds when the Tax Note Series 2006 was issued. Council Member Garen seconded the amendment to the motion. Motion passes. AYE 5 MAY (I ABSTAIN 18. Consider/Discuss/Action on an Ordinance amending Ordinance No. 112- 2003; removing and adding language relevant to occasional brush; debris or trash removal by an Individual. Council Member Garen made the motion to adopt the ordinance amending Ordinance No. 112-2003. Council Member Anderson seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 19. Consider adoption of resolution declaring a public necessity for the public welfare and convenience to acquire an easement on the property described below, authorizing the City Manager and his staff and Wolfe, Tidwell & McCoy, LLP, attorneys, to acquire the easements by any lawful means Including but not limited to negotiations with landowners and, H necessary proceedings in eminent domain; directing the City Manager and his staff and Wolfe, Tidwell & McCoy, LLP, attorneys, to have the property described below appraised by a certified appraiser, to make a final offer for easements on the property, and, if necessary, to Institute proceedings in eminent domain. An easement located within an 8.063 acre tract owned by T. J. Warren, sant property being located on CR 376, being part of a 65.643 acre tract filed in Collin County's File No. 96-0110244, C.R.C.C.T. The easement is not more than 25 feet In width, Ilocated along the west edge of the 8.063 acre tract, and will be used for location of utilhy lines and appurtenances. City Manager, Lee Lawrence stated that an easement was needed to supply water to the North end of the City. Negotiations have been unsuccessful so far to obtain this easement. Council Member Deragon made the motion to adopt the resolution. Council Member Green seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 20. ConsidedDiscuss/Action on authorizing negotiations for a contract with Pro Forma Architecture, Inc and BIV Architects for a Conceptual Design and/or a Design and Project delivery of a City Hail and Police Department facility. Jeff Bulla and Melissa Brand-Vokey, architects, made a presentation to council and answered questions from council members for a contract proposal to design a City Hall. Council Member Deragon made the motion to authorize Wolfe, Tidwell and McCoy and the city manager to enter into contract negotiations with 06-27-05 Council Minures.doc 5 06-27-0e Pro Forma Architecture for schematic design and project delivery and bring it back to council. Council Member Geren seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 21. ConsidedDiscuss/Aetion on authorizing portable building($) for use as City offices and meeting room(s). City Manager, Lee Lawrence shared a drawing concept for a portable building to house staff while the new city hall is being built. Council discussed the concept drawing and the cost to obtain a building. Council Member Garen made the motion to table the item until the next meeting. Council Member Anderson seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 22. ConsidedWscuss/Action on an Ordinance of the City of Anna, Texas repealing and replacing Ordinance 270.2006 and making In Unlawful for Certain Sex Offenders to reside within 1,000 feet of Premises where Children Gather, and further making It unlawful for others to facilitate violations of the Ordinance. Council Member Decagon made the motion to adopt ordinance repealing and replacing ordinance 270-2006. Council Member Green seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 23. Consider/DiscusslAction on an Ordinance of the City of Anna, Texas, making It Unlawful for Certain Sex Offenders to be present within 1,000 feet of Premises where Children Gather. Council Member Decgon made the motion to adopt the ordinance. Council Member Garen seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 24. Consider/Discuse/Action on revising building permit fees. City Manager, Lee Lawrence reviewed a summary of building permit fees of surrounding cities. Council Member Decgon stated that we do not currently charge for reminspections. Council Member Decgon made the motion to table this item until the next meeting and staff to bring back a number for building permit fee. Council Member Green seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 06-27-06 Council Minutes.doc 6 0627-06 25. Consider/Discuse/Action on an appointment to Planning and Zoning Commission, Place 7, to fill a vacancy. Council Member Deragon made the motion to appoint J. W. Finley, Jr. to Planning and Zoning Commission, Place 7. Council Member Groan seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 26. ConsiderlDiscuss/Action on appointing a committee to consider nominations for a Distinguished Citizen Award. Council Member Deragon made the motion to have a three (3) person committee. Council Member Deragon nominated •Joe Finley, Dallas Owens and Molly Young to be on the committee. Council Member Green seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 27. Staff report(s): a. Proposals for City Hall She b. Cities Coalition on CCNs City Manager, Lee Lawrence explained that he has received three (3) requests from property owners within the City to come before council with proposals to put a city hall on their property. Council direction was to set up a special meeting to start around 6:00 p.m. to hear the three (3) proposals. City Manager, Lee Lawrence briefed council of stairs intent to continue with the Cities Coalition on CCNs to help look out for our City's interest. Lee Lawrence, City Manager briefed council on the first meeting for the Anna Area Chamber of Commerce, at 5:30 p.m. Wednesday, June 28, 2006. 28. ConsidedDiscuss suggestions for future agenda Items as desired by city council members and staff. Council Member Deragon said Coyote Den sign was not meeting codes and needed to be addressed. Fern St. is looking for street lights to help the with a Crime Watch program. Staff needs to look at a contract for special large animals to help the police department. The project with the First Baptist Church of Melissa is coming up soon. Council Member Deragon stated that he thought It would be a good idea for each board or commission to have a council member as a liaison. 0627-08 Cwndl MinutesAm 1 06-27-06 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 mouton and vote on tire Consent Items. MINUTES 1. Minutes of Technology Board meeting May 15, 2006 2. Minutes of Technology Board meeting May 25, 2006 3. Minutes of the Special City Council Meeting June 20, 2006. 4. Minutes of the City Council Meeting June 13, 2006 5. Minutes of the P & Z Commission Meeting June 6, 2006 6. Minutes of the EDC Meeting June 6, 2006 FINANCIAL REPORTS 1. Payment of bilis as presented on June 23, 2006. 2. Financial Reports City Manager, Lee Lawrence requwled that the EDC minutes be taken off the agenda. Council Member made the motion to pass the consent items without the EDC Minutes. Council Member Anderson seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 30. Adjourn. Council Member Deragon made the mobon to adjourn at 10:12 p.m. Coundl Member Anderson seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 ATTEST: APPROVED: i I,�z� Na a Wilkison, City Secretary M or, David Crim W27-06 Council MinutesAm 8 06-27-06