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TEXAS
MINUTES (972) 924-3325 • fax (972) 924-2620
CITY OF ANNA
REGULAR CITY COUNCIL MEETING
May 24, 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, May
24, 2005, at the Community Room, Texas Star Bank, located at 402 W. White Street (FM
455), to consider the following items.
Please note that an executive session of the council is scheduled to begin at 630 p.m.
1. Call to Order.
Officially called to order at 6:32 p.m
2. Roll Call and Establishment of Quorum.
All present.
3. 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).
Motion to go into Executive Session at 6:34 p.m. by council member JW Finley, Jr.,
seconded by Lynn Mosier.
6 aye 0 nay 0 abstained
Motion to return to open session at 8:17 p.m. by Councilman John Geren, seconded by
Lynn Mosier.
6 aye 0 nay 0 abstained
05-24-05 City Council Minutes.doc Page 1 of 7 05/24/2005
Post Office Box 776 • Anna, Texas 75409-0776
4. The council reserves the right to return to executive session throughout this
meeting.
Not an action item.
5. Consider and act upon Items listed under Item 3 Executive Session, as necessary.
No action taken.
6. Consider citizen comments and presentations.
Maurice Schwanke, consultant for the City of Anna, gave an overview of the park grant and
current status of progress.
7. Public Hearing
To consider public comment on proposed annexation of the following tract:
A 17.34 acre tract in the Joseph -Slater Schluter Survey, A-0856, owned by Anna
ISD, located on east side of CR 367, approximately 1,500 feet south of Intersection
of CR 367 and E. White Street (FM 455).
Skip to Item No. 17 regarding Curfew Ordinance.
Returned to item No. 7 at 8:31 p.m.
Public Hearing opened at 8:31 p.m. No comments. Public Hearing closed at 8:33 p.m.
8. Consider action on ordinance annexing the following tract:
A 17.34 acre tract in the Joseph -Slater Schluter Survey, A-0856, owned by Anna
ISD, located on east side of CR 367, approximately 1,500 feet south of Intersection
of CR 367 and E. White Street (FM 455).
Exhibit B was not handed out with ordinance. Brief review of property owned by Anna
Independent School District.
Motion to approve Ordinance No. 205-2005 by council member JW Finley, Jr., seconded
by Mark Montgomery.
6 aye 0 nay 0 abstained
9. Consider action on final plat for Anna Retail Addition
Mayor Kenneth Pelham excuses himself due to conflict of interest and temporarily turns
authority of the meeting over to Mayor Pro Tem, Mark Montgomery.
Mike Allen, representative of Anna Retail Addition, spoke briefly regarding the property.
Councilman John Geren asked what the prospective use of the property was going to
be? Mr. Allen stated that the use of the property was undetermined at this time. Most
issues, Mr. Allen reminded council, would be addressed at the platting process.
Motion to approve final plat of Anna Retail Addition contingent on compliance with City
Engineer's required items by JW Finley, Jr., seconded by Lynn Mosier.
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4 aye 1 nay (Mark Montgomery) 1 abstained (Mayor Pelham)
Mayor Kenneth Pelham resumes his position at 8:41 p.m.
10. Consider action or development plat for Pate Rehabilitation Center.
Lee Lawrence, City Administrator recommends approval of development plat to Council.
Motion to approve development plat for Pate Rehabilitation Center by Councilman John
Garen, seconded by JW Finley, Jr.
6 aye 0 nay 0 abstained
11. Public Hearing
To consider public comments on a request by Nizar Khetani, representing Daily
Needs, Inc. (Anna Thriftee) for specific use permit to operate a food -beverage
store including sale of alcoholic beverages at 118 S. Powell Parkway (0.3587 acre
tract, being Tract 10 in the Henry Brantley Survey, Abstract 71).
Public hearing opened at 8:44 p.m. No comments. Public hearing closes at 8:45 p.m.
12. Action
To consider action on recommendation regarding request by Nizar Khetani,
representing Daily Needs, Inc. (Anna Thriftee) for specific use permit to operate a
food -beverage store including sale of alcoholic beverages at 118 S. Powell
Parkway (0.3587 acre tract, being Tract 10 in the Henry Brantley Survey, Abstract
71).
Motion to approve Ordinance 206-2005 for Daily Needs, Inc. dba Anna Thriftee, by JW
Finlely, Jr., seconded by John Geren.
5 aye 1 nay 0 abstained (Mayor Pelham)
13. Consider action on resolution setting public hearing dates for annexation of
following tract:
A 20 acre tract in the J. C. Burge Survey, Abstract 106, located on the north side of
CR 371 approximately 0.75 miles west of the intersection of CR 371 and N. Powell
Parkway (SH 5), property being owned by the Anna Independent School District.
Motion to approve Resolution 2005-05-02 regarding public hearing dates for the 20 acre
tract in the J. C. Burge Survey, Abstract 106, being owned by Anna ISD for Bryant
Elementary by Councilman Mark Montgomery, seconded by Lynn Mosier.
6 aye 0 nay 0 abstained
14. Consider action on resolution setting public hearing dates for annexation of
following tract:
A 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
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by O. P. Leonard Investment Company, Ltd. and Alice Leonard Investment
Company, Ltd.
Motion to approve Resolution 2005-05-03 regarding public hearing dates for the 236.495
acre tract in the Granderson Stark Survey, Abstract 798 by JW Finley, Jr., seconded by
John Geren.
6 aye 0 nay 0 abstained
15. Consider recommendation of Park Board regarding purchase of property for
future park and recreation facility development.
Motion to authorize Mayor and city staff to purchase property with a cap of $275,000,
made by Mark Montgomery, seconded by Lynn Mosier.
6 aye 0 nay 0 abstained
16. Consider action to revise Fee Schedule to adopting the following fees:
$100 application fee for voluntary annexations
$100 application fee for development plat applications
Motion to approve revision of Fee Schedule with the exception or striking of section 2 by
Mark Montgomery, seconded by J.W. Finley.
6 aye 0 nay 0 abstained
17. Consider action on curfew ordinance
Gary Lyon, resident of Anna, spoke of the need for documentation or compelling
incidents, discrimination factors, enforcement concems and possible elimination of
citizen's rights and liberties.
Councilmen Mosier and Montgomery agreed that not enough history or track record has
been documented to substantiate the ordinance.
Mayor Pelham reminded the council of their request for public input at last council
session and refers to the only responses sent to him, which were all "for' the adoption of
the curfew ordinance, not against it.
Motion to approve curfew ordinance 208-2005 by JW Finley, Jr., seconded by John
Geren.
4 aye 2 nay 0 abstained (Lynn Mosier and Mark Montgomery)
18. Consider action to authorize approval of interlocal agreement between City of
Anna and Collin County for police dispatch services.
Motion to approve Interlocal agreement with Collin County for police dispatch services
by JW Finley, seconded by Lynn Mosier.
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6 aye 0 nay 0 abstained
19. Discussion and possible action on status of contract negotiations for position of
the Municipal Court Judge.
Motion to terminate contract negotiations and solicit new applicants for the position of
Municipal Court Judge by Councilman Mark Montgomery, seconded by JW Finley, Jr.
6 aye 0 nay 0 abstained
20. Consider action to authorize approval of Interlocal agreement between City of
Anna and Tarrant County for fuel purchase.
James Parkman, Public Works Director advised the council of the savings of 3 cents per
gallon of fuel purchased. He also advised that current fuel cards could still be used.
Motion to approve Interlocal Agreement with Tarrant County for fuel purchases by
Council member JW Finley, Jr., seconded by John Garen.
6 aye 0 nay 0 abstained
21. Consider action on an ordinance approving Atmos Energy Corporation Mid -Tex
Division's Request to authorize the compliance tariffs for the annual gas reliability
infrastructure program rate adjustment in Anna.
Motion to table item by Lynn Mosier, seconded by Mark Montgomery.
6 aye 0 nay 0 abstained
22. Consider action to authorize advertisement for bids for surplus equipment (Public
Works Department).
Motion to authorize city staff to choose the method of process needed to take care of
surplus equipment by JW Finley, Jr., seconded by Mark Montgomery.
6 aye 0 nay 0 abstained
23. Consider action to authorize advertisement for bids for warning sirens.
Motion to table indefinitely by John Garen. Motion fails for lack of second.
Motion to authorize David Hunt, Fire Chief and city staff to get bids and specifications for
warning sirens by Council member Lynn Mosier, seconded by Mark Montgomery.
5 aye 1 nay 0 abstained (John Garen)
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24. Consider action to amend By -Laws of the Economic Development Corporation to
establish dates of appointment for board members and to require board members
to be residents of the City of Anna.
Motion to amend By -Laws for the Anna Economic Development Corporation by JW
Finlely, Jr., seconded by Mark Montgomery.
Office holders may complete their appointments unless removed by Council.
6 aye 0 nay 0 abstained
25. Consider action adopting an ordinance adopting State of Texas records retention
schedule.
Motion to table item by JW Finley, Jr., seconded by Bobby Shiner.
6 aye 0 nay 0 abstained
26. Consider action regarding a resolution designating signatories for bank accounts.
Motion to approve Resolution 209-2005 designating bank signatories by Councilman
John Garen, seconded by JW Finley, Jr.
6 aye 0 nay 0 abstained
27. Consider action to elect the following:
Mayor Pro Tempore
Deputy Mayor Pro Tempore
Motion to appoint Mark Montgomery as Mayor Pro Tempore by Mayor Kenneth Pelham,
seconded by JW Finley, Jr.
6 aye 0 nay 0 abstained
Motion to appoint Bobby Shiner as Deputy Mayor Pro Tempore by Lynn Mosier,
seconded by JW Finley, Jr.
5 aye 1 nay 0 abstained (John Geren)
28. Consider approval of Minutes of the following meetings of May 10, 2005, May 17,
2005 and May 21, 2005.
Motion to approve minutes of May 10, 2005, May 17, 2005 and May 21, 2005 by Lynn
Mosier, seconded by JW Finley, Jr.
6 aye 0 nay 0 abstained
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29. Financial report.
Motion to approve financial report by JW Finley, Jr., seconded by Lynn Mosier.
6 aye 0 nay 0 abstained
30. Consider action on payment of bills.
Motion to approve payment of the bills by JW Finley, Jr., seconded by Mark
Montgomery.
6 aye 0 nay 0 abstained
31. Discussion and possible action on position of City Manager.
Motion to appoint Lee Lawrence as acting City Manager and instruct city secretary to
advertise for the position of City Manager, accepting applicants until close of business
on June 13, 2005 by Mark Montgomery, seconded by JW Finley, Jr.
6 aye 0 nay 0 abstained
32. Staff report(s) and discussion of other issues, including suggestions for future
agenda Items, as desired by city council members and staff.
• Traffic Study for the Falls Subdivision
• Code Violations
1. Burned structures, owners not cleaning up
• Traffic light (4` Street and Hwy 5)
• US Flag, Texas Flag should be present and reciting of pledge of
allegiance at the opening of each council session.
• Status on gravel at Copeland's home
• Fire Truck
33. Adjourn.
Motion to adjourn at 9:37 p.m. by Lynn Mosier, seconded by Bobby Shiner.
6 aye 0 nay 0 abstained
MayoKenneth Pelham
ATTEST:
City SecretarjW
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