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HomeMy WebLinkAboutCCmin2005-06-28C`,t•( OFgyl, 4 9 � 4 4wm TEXAS (972) 924-3325 • fax (972) 924-2620 CITY OF ANNA REGULAR CITY COUNCIL MEETING June 28, 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, June 28, 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. The meeting was officially called to order at 7:01 p.m. by Mayor Kenneth Pelham. 2. Roll Call and Establishment of Quorum. All members were present. 3. Pledge of Allegiance and pledge to Texas flag. 4. Citizen comments. Gary Billups spoke on Clothe a Child Program. July 8" is set for the fundraiser event. He also thanked Councilmember Shiner for his newspaper article keeping the citizens informed. 5. Consider presentation by Mr. Mark Lorance of Dannenbaum Engineering, Inc., regarding status of ROW, engineering, and environmental assessment work on FM 455, Mark Lorance of Dannenbaum Engineering gave a brief update on the FM 455 project. He noted that consultants are ready to start the preliminary design and then the environmental study will be done. The entire project will take approximately two years. The consultants intend to periodically update the council on progress and will arrange one or more public hearings if the council desires. 6. Consider presentation by Anna Volunteer Fire Department. Larry Bridges gave a presentation an the need for a full time Fire Chief/Fire Marshall and two full time paid employees due to increase call volume and projected increase of population. 08-28-05 City Council Minutes.doc Page 1 of 8 06-28-05 Post Office Box 776 - Anna, Texas 75409-0776 7. Consider presentation by representatives of CodeRedCommunications/Notification System and take action as desired. Brian Daves gave presentation on CodeRED system to Council. Motion to enter into contract with CodeRED upon City Attorney's approval of contract made by J. W. Finley, Jr., seconded by John Geren. 6 aye 0 nay 0 abstained 8. Public Hearing To consider public comment on proposed annexation of the following tract: A twenty (20) acre tract in the J.C. Burge Survey, 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. Public hearing opened at 7:28 p.m. No comments. Public hearing closed at 7:29 p.m. 9. Public Hearing A 236.495 acre tract in the Granderson Stark Survey, located south of E. White Street along the east side of the DART rail line, property being owned by O. P. Leonard, Jr. Investment Company, Ltd., and Nancy Alice Leonard Investment Company, Ltd. Public hearing opened at 7:29 p.m. No comments. Public hearing closed at 7:30 p.m. 10. Consider action on ordinance amending Ordinance No. 152-2004 (Development Plat Ordinance). Motion to table by Lynn Mosier, seconded by John Garen. 6 aye 0 nay 0 abstained 11. Consider action on tree preservation ordinance. Elizabeth James and Molly Young spoke in favor of the tree ordinance. Gary Lyon spoke on the cost to citizens for the enforcement of the ordinance. Motion to adopt ordinance by Lynn Mosier, seconded by J. W. Finley, Jr. 3 aye 3 nay (Bobby Shiner, Mark Montgomery, Mayor Pelham) 0 abstained Motion failed. Motion to table tree ordinance by Mark Montgomery, seconded by Bobby Shiner. 3 aye 3 nay (Lynn Mosier, J. W. Finley, Jr., and John Geren) 0 abstained Motion to place tree ordinance on agenda in future by Lynn Mosier, seconded by John Geren. 06-28-05 City Council Minutes.doc Page 2 of 8 06-28-05 6 aye 0 nay 0 abstained 12. Consider action on creation of Anna Technology Board. Motion by J. W. Finley, Jr., seconded by John Geren, to direct city staff to draft ordinance to create Technology Board including duties and responsibilities which would focus on recommendations to council regarding setting up a server for City Hall and a City website. 6 aye 0 nay 0 abstained 13. Consider action on establishment of water rates for former customers of South Grayson Water Supply Corporation. Motion by J. W. Finley, Jr., seconded by Lynn Mosier, to take action on Ordinance 212- 2005, an ordinance revising Ordinance No. 79-2003 by adding former customers of South Grayson Water Supply Corporation as a category of customers and establishing a separate rate for said category of customers; said rate to be the existing South Grayson Water Supply Corporation rate, which would be in effect for one year from the date of the first City of Anna billing. 6 aye 0 nay 0 abstained 14. Consider action on interlocal agreement between City of Anna and Texas Department of Public Safety. Motion by J. W. Finley, Jr., seconded by Lynn Mosier, to authorize appropriate City official(s) to sign the interlocal agreement between City of Anna and Texas Department of Public Safety. 6 aye 0 nay 0 abstained 15. Consider approval of License Agreement with DART for utility line crossing. Motion by J. W. Finley, Jr., seconded by Mark Montgomery, to approve Resolution 2005-06-01, a Resolution approving the terms and conditions of a license agreement by and between the City of Anna and Dallas Area Rapid Transit to construct one six (6) inch sanitary sewer line crossing the Sherman subdivision line at the proposed Sweetwater Boulevard: 6 aye 0 nay 0 abstained 16. Consider action on ordinance authorizing city manager to designate intersections and locations for stop and yield right-of-way signs. Motion to approve Ordinance No. 213-2005 by J. W. Finley, Jr., seconded by Bobby Shiner, an ordinance providing for the city manager to designate intersections for stop 06-28-05 City Council Minutes.doc Page 3 of 8 06-28-05 and yield right-of-way signs and making it a misdemeanor to violate such signs and providing for a penalty of up to $500.00 for said violation. 6 aye 0 nay o abstained 17. Consider resolution naming Bryant Farm Road and Kelly Crossing. Motion by John Geren, seconded by Robert Shiner to adopt resolution 2005-06-02 a Resolution naming a local street located along the east side of the Bryant Elementary School property as Bryant Farm Road and submitting to Collin County the name of Kelly Crossing as the name for the county road currently identified as County Road 373. 6 aye 0 nay 0 abstained 18. Consider action on appointments to Planning and Zoning Commission. Robert Shiner nominated Duane Hayes for place one. 6 aye 0 nay 0 abstained J. W. Finley, Jr., nominated David Crim for place three. 6 aye 0 nay 0 abstained Mayor Pelham nominated Bethany Jablonski for place five. Robert Shiner nominated Billy Deragon for place five. Ms. Jablonski received 4 voles and Mr. Deragan received 2 votes; Ms. Jabonski was elected to serve in place five. Robert Shiner nominated Billy Deragon for place six for a one-year term appointment. Mr. Montgomery nominated Mr. Keith Green for place six. Mr. Deragon received 5 votes and Mr. Green received 1 vote; Mr. Deragon was elected to serve in place six. Mark Montgomery nominated Keith Green for place seven. Robert Shiner nominated Robert Hamilton for place seven. Mr. Green received 5 votes and Mr. Hamilton received 1 vote; Mr. Green was elected to serve in place seven. 19. Consider action on appointment to Board of Adjustment Mayor Pelham nominated Duane Hayes to place one. Mr. Hayes was elected to serve in place 1 by a vote of 6-0. J. W. Finley, Jr., nominated David Crim for place three. Mr. Crim was elected to serve in place 3 by a vote of 6-0. 06-28-05 City Council Minutes.doc Page 4 of 8 06-28-05 6 aye 0 nay 0 abstained Mark Montgomery nominated Molly Young for place five. Mayor Pelham nominated Bethany Jablonski for place five. Ms Young received 4 votes and Ms. Jablonski received 2 votes; Ms. Young was elected to serve in place five. Robert Shiner nominated Keith Green as alternate place 1 A. Mr. Green was elected to serve as an alternate in place 1A by a vote of 6-0. Recess called at 9:08 p.m., returned at 9:18 p.m 20. Consider action on authorizing City's consulting engineer to conduct preliminary engineering on drainage improvements for area east of DART rail and south of 4" Street. City's Consulting Engineer Tim Morris gave brief presentation on street drainage in the City of Anna. Motion by Mark Montgomery, seconded by J. W. Finley, Jr., to authorize Morris Engineersto conduct a preliminary engineering study for drainage east of Dart Rail -Line and south of Fourth Street at a cost not to exceed $2,500.00. 4 aye 2 nay (Lynn Mosier and John Garen) 0 abstained 21. Consider ordinance authorizing establishment of fines for municipal court Motion to approve Ordinance No. 214-2005 by J. W. Finley, Jr., seconded Robert Shiner, an ordinance establishing the Imposition and collection of costs and fees in the Anna Municipal Court; providing for the taking of a driving safety course and establishing a processing fee for the taking a driving safety course; and providing for issuance of citations to enforce city ordinances. 5 aye 1 nay (Mark Montgomery) 0 abstained 22. Consider ordinance 215-2005 amending Personnel Policies to provide for fourteen day pay period for police department personnel. Motion by J. W. Finley, Jr., and second by Lynn Mosier to amend the Personnel Policies with changes to Section 6.01 relating to work periods and Section 6.04 relating to overtime by providing for a fourteen day work period for police officers and clarifying overtime regulations for police officers, upon approval of the ordinance by the City Attorney. 6 aye 0 nay 0 abstained 23. 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: 06-28-05 City Council Minutes.doc Page 5 of 8 06-28-05 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 9.55 p.m. by council member John Geren seconded by J. W. Finley, Jr. 6 aye 0 nay 0 abstained Motion to return to open session at 10:23 p.m. by council member John Geren seconded by J. W. Finley, Jr. 6 aye 0 nay 0 abstained 24. Consider and act upon items listed under Item 21 Executive Session, as necessary. No action taken 25a. Consider adoption of resolutions declaring a public necessity for the public welfare and convenience to acquire easements on the property described below, authorizing the Acting 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, if necessary, proceedings in eminent domain; directing the Acting 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. a. An easement located within a 65.643 acre tract owned by Thomas J. Warren, Jr., et al., said property being located on CR 376 and CR 427, Collin Appraisal District Parcel Number R-6114.000-0160.1, recorded in Volume 96, Page 0110244, Collin County Deed Records. The easement is 60' in width, located along the west edge of the 65.543 acre tract, and will be used for location of utility lines and appurtenances and pedestrian and bicycle access. b. An easement located within a 24.722 acre tract owned by Robert F. Relyea and Sharon E. Relyea, said property being located on CR 427, Collin Appraisal District Parcel Number R-6114-000-0050-1, being Tract 5 in the J. C. Brantley Survey, Abstract No. 114. The easement is 60' in width, located along the west edge of the 24.722 acre tract, and will be used for location of utility lines and appurtenances and pedestrian and bicycle access. Motion to adopt resolution 2005-06-03 and 2005-06-04 by J. W. Finley, Jr., seconded by Mark Montgomery. 06-28-05 City Council Minutes.doc Page 6 of 8 06-28-05 5 aye 1 nay (Lynn Mosier) 0 abstained 25b. Consider adoption of resolutions declaring a public necessity for the public welfare and convenience to acquire properties described below, authorizing the Acting City Manager and his staff and Wolfe, Tidwell & McCoy, LLP, attorneys, to acquire the properties by any lawful means including but not limited to negotiations with landowners and, If necessary, proceedings in eminent domain; directing the Acting City Manager and his staff and Wolfe, Tidwell & McCoy, LLP, attorneys, to have the properties described below appraised by a certified appraiser, to make a final offer for the properties, and, if necessary, to institute proceedings In eminent domain. a. Property located within a 65.543 acre tract owned by Thomas J. Warren, et al., said property being located on CR 376 and CR 427, Collin Appraisal District Parcel Number R-6114-000-0160-1. The property is 60' in width, located along the north edge of the 65.543 acre tract and is to be used as right-of-way for a public thoroughfare. b. Property being 0.750 acres owned by G. H. Hammer Estate, said property being located at the southwest corner of intersection of North Powell Parkway/SH 5 and West Third Street, in the Henry Brantley Survey, Abstract No. 71, Tract 87. The property is to be used for location of City of Anna office and meeting facilities and associated uses. Motion to adopted resolution 2005-06-05 and 2005-06-06 by J. W. Finley, Jr., seconded by John Geren. 5 aye 1 nay (Lynn Mosier) 0 abstained 26a. Consider approval of Minutes of meeting of May 24, 2005. Motion to table by J. W. Finley, Jr., seconded by John Geren. 6 aye 0 nay 0 abstained 26b. Consider approval of Minutes of meeting of June 14, 2005. Motion to approve Minutes by Lynn Mosier, seconded by John Geren. 6 aye 0 nay 0 abstained 27. Consider approval of financial report. Motion to approve financial report by Lynn Mosier, seconded by J. W. Finley, Jr. 6 aye 0 nay 0 abstained 28. Staff report(s) and discussion of other issues, including suggestions for future agenda items, as desired by city council members and staff. 06-28-05 City Council Minutes.doc Page 7 of 8 06-28-05 • The Mayor advised council that there would be a special council meeting on July 6, 2005 at 7:00 p.m. to interview candidates and make a decision regarding the position of City Manager • The Mayor advised council that there would be a special council meeting on July 12, 2005 prior to the regular council meeting to interview candidates and make a decision regarding the position of City Secretary • The Mayor advised council that there would be a special council meeting on July 13, 2005 to interview candidates and make a decision regarding the position of Municipal Judge • Mr. Montgomery asked that the sign ordinance be reviewed and possibly revised to address aesthetic and trash considerations • Mr. Mosier asked that the issue of emergency power to wells be placed on a future agenda • Mr. Mosier asked that the issue of paid Fire Department personnel issue be placed on a future agenda. Mayor Pelham suggested that this matter be considered as part of budget considerations. • Mr. Mosier asked that the issue of streetside parking be addressed and suggested that restricting parking on one side of street be considered as a way to address issue • Mr. Shiner asked that the issue of repaving a section of 1" Street at Riggins and Interurban on the north side of Post Office be addressed and be placed as an item on a future agenda 29. Consider action on payment of bills. Motion to pay bills by J. W. Finley, Jr., seconded by Lynn Mosier. 6 aye 0 nay 0 abstained 30. Adjourn. Motion to adjourn 11:00 p.m. by J. W. Finley, Jr., seconded by Lynn Mosier. 6 aye 0 nay 0 abstained ,----Mayor Kenneth Pelham Attest: Cathy Cra a Interim City Secretary 06-28-05 City Council Minutes.doc Page 8 of 8 0628-05