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HomeMy WebLinkAboutCCmin2005-03-22MINUTES CITY OF ANNA REGULAR CITY COUNCIL MEETING March 22, 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, March 22, 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 was called to order at 6:32 p.m. for the workshop session and officially called to order at 7:00 p.m. for the regular session. 2. Roll Call and Establishment of Quorum. Mayor Kenneth Pelham, Mayor pro -tem Mark Montgomery, Councilmen Lynn Mosier, Buddy Hayes, JW Finley, Jr. and John Geren were all present. 3. Work Session a. Portable buildings Lee Lawrence, City Administrator, discussed the recent change to the proposed purchase of two (2) modular buildings needed to house the municipal court, council chambers/courtroom, utility billing and permits. • Two buildings the city was inquiring into have been sold • Possibility of purchasing two other buildings and adjoining them; or • Purchase one of the two buildings and use only for the court, with the intention of adding to the building if the adjacent property is obtained. b. Trash service rates Contracts have been given to both Bradshaw & Sons and Waste Management. City staff recommends maintaining the $10.00 rate assessed for residential customers. Commercial rate is a concern, possible consideration of commercial trash deposit. 4. Consider citizen comments and presentations. JimmY McBride, resident of Anna, stated that due to the roadwork being done on 8"' Street and the damage to the water line, his property has been flooded causing damage. He also stated that upon completion, the roadway is 5 " higher on one side than the other, which may also cause flooding in the future. Mr. McBride presented pictures to the Council of his property and alleged damage. Council advised Mr. McBride to come by City Hall and file a claim form to pursue compensation for the alleged damage. 03-22-05 City Council Minutes.doc Page t of 8 03/22/2005 No additional comments. 5. Anna Volunteer Fire Department a. Review of monthly reports This item was deferred until next council session, due to the Fire Chief not being present. 6. Consider presentation by Mr. Jim Rountree regarding Anna High School Scholarship Foundation and Mentoring Program. Mr. Jim Rountree, presented a brief review of the mentoring program being incorporated this year at Anna High School. • Beginning with (6) mentors. • Program approved by the School District • If successful, expansion next year. • Need Anna support, especially volunteers • Need Anna support financially Mayor Pelham asked if the children had been selected. Mr. Rountree stated that four children have been confirmed with consents from parents. Two more children will be selected. The second presentation related to a High School Scholarship Fund. • Founded in 2001 • Public non-profit foundation • Contributions and donations needed • 85% of donations go to scholarships • 10% Corpus • 5% Administration costs (none taken, as of date) • Needs future support from volunteers and the City. Any information, please call him Consider request by Mr. Tommy Cunningham to locate two manufactured housing units on property located in extraterritorial jurisdiction of city. Mr. Tommy Cunningham stated that he previously had two manufactured homes on his property but they were removed several years ago. He now he wants to replace them. The meters and utilities are already there. He does not understand why the city is requiring anything from him. Lee Lawrence, City Administrator, explained that per the City Attorney's view, this requires a subdivision plat. He is subdividing his property and an application to plat the property is required. It has been recommended to Mr. Cunningham, that he, the attorney and city staff, have a meeting to review the process. Mr. Cunningham presented handouts to the Council regarding removal and replacement of existing manufactured homes. 03-22-05 City Council Minutes.doc Page 2 of 8 03/22/2005 Council reviewed the handout and advised Mr. Cunningham to meet with city attorney and staff, preferably within the next week or so. 8. Public Hearing To consider public comment on proposed annexation of 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. Public Hearing opened at 7:29 p.m. No comments. Public Hearing closed at 7:30 p.m. 9a. Public Hearing: To consider public comment on request by WKG Enterprise, represented by Kenneth Griffin, for a change in zoning from AG Agricultural District to C-2 General Commercial District for a 2.00 acre tract in the Hiram Brinlee Survey, Abstract No. 30, located on the south side of SH 121, approximately one-quarter mile west of the intersection of FM 455 and SH 121. Public Hearing opened at 7:30 p.m. Gary Billups, 4704 Glenwood, Anna, TX, asked what the property was going to be used for. Lee Lawrence, City Administrator advised that the property had C2 zoning, which included a wide range of commercial and retail uses. No additional comments. Public Hearing closed at 7:33 p.m 9b. Action To consider action on recommendation to City Council regarding request by WKG Enterprise, represented by Kenneth Griffin, for a change in zoning from AG Agricultural District to C-2 General Commercial District for a 2.00 acre tract in the Hiram Brinlee Survey, Abstract No. 30, located on the south side of SH 121, approximately one-quarter mile west of the intersection of FM 455 and SH 121. Planning and Zoning Commission has recommended approval for zoning change. The south side of SH 121 is currently on Land Use map as Industrial area. Motion to approve change in zoning from AG Agricultural District to C-2 General Commercial District for a 2.00 acre tract in the Hiram Brinlee Survey, Abstract No. 30, by Councilman JW Finley, Jr., seconded by Mark Montgomery. Councilman John Geren stated his opposition to having a liquor store at that location. 4 aye 1 nay 0 abstained (John Geren — opposed) 10a. Public Hearing To consider public comment on request by Spencer Plumbing, Inc., represented by Mr. Bryan Spencer, for a change in zoning from AG Agricultural District to C-2 General Commercial District for a 3.500 acre tract in the Z. F. Lester Survey, 03-22-05 City Council Minutes.doc Page 3 of 8 03/22/2005 Abstract No. 546, located on the west side of N. Powell Parkway (State Highway 5), at the southwest corner of N. Powell Parkway and CR 373. Public Hearing opened at 7:38 p.m. Councilman John Geren stated that the Council needs be careful where it is allowing this type of zoning to occur and needs to be consistent. Public Hearing closed at 7:39 p.m. 10b. Action To consider action on recommendation to City Council regarding request by Spencer Plumbing, Inc., represented by Mr. Bryan Spencer, for a change in zoning from AG Agricultural District to C-2 General Commercial District for a 3.500 acre tract in the Z. F. Lester Survey, Abstract No. 546, located on the west side of N. Powell Parkway (State Highway 5), at the southwest corner of N. Powell Parkway and CR 373. Planning and Zoning Commission has recommended approval for zoning change as C1 Restricted Commercial. Sandra Bryant, real estate agent and representative for the owner, stated that the owner has reluctantly agreed to the C1 zoning. Motion to approve a change in zoning from AG Agricultural District to a C-1 Restricted Commercial District for a 3.500 acre tract in the Z. F. Lester Survey, Abstract No. 546 by Councilman JW Finley, Jr., seconded by Mark Montgomery. 4 aye 1 nay 0 abstained (John Geren — opposed) 11. Consider action regarding purchase of and improvements to portable buildings for use by City of Anna, to be located at 101 N. Powell Parkway (adjacent to existing structure). Lee Lawrence, City Administrator, advised the Council on the staffs efforts to obtain a facility, portable or otherwise, to house Municipal Courtroom and offices. He advised the Council of the recent possibility, already sold, due to the delay in approval of its purchase. He asked the Council for direction. Councilman Buddy Hayes stated the structure should be more professional. He stated that setting up a modular building that was older and needed upgrades would be an embarrassment to the City and Council. He stated that poor comments have already been made, due to the facilities that we currently have. Councilman John Geren reminded the Council members that they have gone back and forth regarding this issue for about six months. First we wanted to purchase a temporary building, then we wanted to add on to the existing building, but no one wants to make a decision. 03-22-05 City Council Minutes.doc Page 4 of 8 03/22/2005 Staff concerns were the impending citations and court needs that will be imminent due to the new police department and the hiring of police officers in the next few weeks. There is no facility to hold court, jury trials, bench trials or house court staff. Motion to have staff put together a comparison of the two options with a complete estimate of the costs by Councilman Mark Montgomery, seconded by JW Finley, Jr. 5 aye 0 nay 0 abstained 12. 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 7:57 p.m. by Councilman Mark Montgomery, seconded by Lynn Mosier. 5 aye 0 nay 0 abstained Motion to return to open session at 8:39 p.m. by JW Finley, Jr., seconded by John Geren. 5 aye 0 nay 0 abstained 13. Consider and act upon items listed under Item 12 Executive Session, as necessary. No action. 14. Consider action to repeal Ordinance No. 102-90 and Ordinance No. 96-01 and at the same time, establish Ordinance (No. 197-2005) for the City of Anna Municipal Court and position of the Municipal Court Judge. Motion to approve Ordinance No. 197-2005, repealing Ordinance No. 102-90 and Ordinance No. 96-01 by Councilman Mark Montgomery, seconded by Buddy Hayes. 5 aye 0 nay 0 abstained 03-22-05 City Council Minutes.doc Page 5 of 8 03/22/2005 15. Consider action regarding employment of Municipal Judge. Motion to table action on employment of Municipal Judge until next council agenda of April 12, 2005 by Councilman Mark Montgomery, seconded by JW Finley, Jr. 5 aye 0 nay 0 abstained 16. Consider action to approve ordinance establishing Municipal Court Technology Fund. Motion to approve Ordinance establishing Municipal Court Technology Fund by Councilman John Geren, seconded by JW Finley, Jr. 5 aye 0 nay 0 abstained 17. Consider action to repeal Ordinance 97-08 and at the same time approve Ordinance 199-2005 establishing Municipal Court Security Fund. Motion to approve Ordinance 199-2005 establishing Municipal Court Security Fund and repealing Ordinance 97-08 by Councilman JW Finley, Jr., seconded by Mark Montgomery. 5 aye 0 nay 0 abstained 18. Consider action on ordinance establishing rates for solid waste collection (trash) services. Mayor Pelham and Mayor Pro Tem Mark Montgomery recommended changing commercial customer section of ordinance to require a two (2) month deposit, with no administration fee; and removal of the roll off section. Motion to approve ordinance establishing rates for solid waste collection and incorporating the above referenced changes by Councilman JW Finley, Jr., seconded by Buddy Hayes. 5 aye 0 nay 0 abstained 19. Discuss and take action regarding the Cost Estimates received from Collin County for road Improvements to County Road 283, County Road 286 and County Road 371. Several council members expressed concerns regarding how Collin County dictates which roads are priorities with regards to improvements. Motion to approve cost estimates received from Collin County for road improvements on County Road 371 by Councilman Mark Montgomery, seconded by JW Finley, Jr. 5 aye 0 nay 0 abstained 03-22-05 City Council Minutes.doc Page 6 of 8 03/22/2005 Motion to table cost estimates received from Collin County regarding County Roads 283 and 286 until staff obtains more detailed information regarding Collin County's priority list of roads and their criteria for selection by Councilman Mark Montgomery, seconded by JW Finley, Jr. 5 aye 0 nay 0 abstained 20. Consider approval of Minutes of meetings of March 8, 2005. Motion to approve the minutes of March 8, 2005 by Councilman JW Finley, Jr., seconded by John Geren. 5 aye 0 nay 0 abstained 21. Staff report(s) and discussion of other issues, including suggestions for future agenda items, as desired by city council members and staff. • Drilling rig has been moved from ballfield and repair of field is underway • Well on CR 370 — need to recover use, driller's responsibility, attorney to notify driller regarding City's concern about the failure to complete well under terms of contract • Warning sirens — Fire Dept looking at possible sites • Playground equipment moved to sewer plant i. Evaluation done by Bill Hemingway ii. Only a portion usable iii. No evaluation since. • Road oiling for S. Interurban i. Rock covered and rolled, Collin County should be oiling soon. • Councilman Lynn Mosier requested Ordinance to ban smoking in public buildings. • Councilman Lynn Mosier requested a paid Fire Department and new Fire Station. o Daytime response a concern o Possible land donation o Prepare next budget with consideration of paid fire department Lee Lawrence, City Administrator advised the Council that the possible land donation referenced came as a part of a package deal that involves a trade-off and is not an actual donation of land. Concern from staff and some council regarding completion of current projects and facility needs before pursuing new ventures. • James Street o New signs are ordered. o Stop signs are in place. • Council requests update from Maurice Schwanke regarding the park. Lee Lawrence advised the Council that the park location is the delay. He cannot do much more without a firm site. A decision needs to be made. • Concern with water break on 81' street • Fire hydrants are needed 03-22-05 City Council Minutes.doc Page 7 of 8 03/22/2005 • Upgrade of waterline on the east side of town is needed. 22. Consider action on payment of bills. Motion to pay the bills by Councilman JW Finley, Jr., seconded by John Geren. 5 aye 0 nay 0 abstained 23. Financial report. Wayne Cummings, Assistant City Administrator to fax Buddy Hayes a delinquent tax collection report. Financial report needs coding corrections. Motion to approve financial report by Councilman Buddy Hayes, seconded by Mark Montgomery. 5 aye 0 nay 0 abstained 24. Adjourn. Motion to adjourn at 9:31 p.m. by Councilman Lynn Mosier, seconded by Mark Montgomery. 5aye 0 nay 0 abstained Mayor Kenneth Pelham ATTEST: / Ct ecretary 03-22-05 City Council Minutes.doc Page 8 of 8 03/22/2005