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HomeMy WebLinkAboutCCmin2005-05-24cA,1y oFg4� 9 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. 05-24-05 City Council Minules.doc Page 2 of 7 05/24/2005 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 05-24-05 City Council Minutes.doc Page 3 of 7 05/24/2005 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. 05-24-05 City Council Minutes.doc Page 4 of 7 05/24/2005 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) 05-24-05 City Council Minutes.doc Page 5 of 7 05/24/2005 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 05-24-05 City Council Minutes.doc Page 6 of 7 05/24/2005 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 05-24-05 City Council Minutes.doc Page 7 of 7 05/24/2005