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HomeMy WebLinkAboutCCmin2005-09-13MINUTES CITY OF ANNA REGULAR CITY COUNCIL MEETING September 13, 2005 7:00 PM Community Room, Texas Star Bank The City Council of the City of Anna met in Regular Session at 7:00 pm., Tuesday, September 13, 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. Mayor Kenneth Pelham called the meeting to order at 7:00 p.m. 2. Roll Call and Establishment of Quorum. Mayor Kenneth Pelham and Council Members Lynn Mosier, J. W. Finley, Mark Montgomery and John Garen were present for a quorum. Council Member Bobby Shiner was absent. 3. Pledge of Allegiance. 4. Citizen comments. Whit Price requested that Council put back on a future agenda his item to change an r -o -w dedication to an easement on the Price Addition Plat. 5. Consider/Discuss/Act on resolution calling for resignation of City Council Member Robert "Bobby" T. Schiener. Mayor Kenneth Pelham stated that Council Member Shiner's resignation had been received today and this resolution is being withdrawn. 6. Consider presentation by Anna Volunteer Fire Department. Fire Department had nothing for tonight. 7a. Public Hearing: To consider public comment on proposed fiscal year 2006 Budget for City of Anna. Mayor Kenneth Pelham opened the public hearing at 7:04 p.m. There were no comments. Mayor Pelham dosed the public hearing at 7:05 p.m. Council Minutes 9-13-05 1 09-13-05 7b. Consider/Discuss/AM on proposed fiscal year 2006 Budget for City of Anna. City Manager, Lee Lawrence went over the budget and different scenarios proposed to Council. He also urged Council to be cautious when choosing a budget because of the uncertainty of the economic times. Council Member Mosier reiterated his position on having paid personal during the daytime for the fire department. Council Member Mosier made the motion to accept the Alternate Budget. Council Member Montgomery seconded the motion. Aye 5 Nay 0 Abstained 0 S. Consider/Discuss/Act on fiscal year 2005 tax rate for City of Anna. Council Member Finley made the motion that the property tax be increased by the adoption of a tax of 0.525 per $100 evaluation. Council Member Garen seconded the motion. Aye 5 Nay 0 Abstained 0 9. ConsidedDiscusslAct on ordinance relating to on -street parking. Mayor Pelham and Anna VFD Assistant Chief Larry Bridges took the department's largest truck and drove through several of the new subdivisions. City Attorney, Clark McCoy proposed to strengthen the existing ordinance with the recommendations from the Mayor. Because of the short notice and the ordinance not induced in the packet Council Member Montgomery made the motion to table this Rem until the next Council meeting. Council Member Finley seconded the motion. Aye 5 Nay 0 Abstained 10. Consider/Disetiss/Act on recommendation by Planning and Zoning Commission regarding a final plat for the Primrose Estates, Phase 1. Nathan Thompson made a brief presentation on the final plat for the Primrose Estates, Phase 1. Council Member Montgomery made the motion to approve the final plat. Council Member Finley seconded the motion. Council Member Mosier commented cm not having the letter from City Engineer, Morris Schwanke approving the plat. Nathan Thompson recommended that Council approve the final plat contingent upon receipt of an approval letter from Morris Schwanke. Council Member Montgomery amended his motion to include the plat to be approved upon receipt of an approval letter from Morris Schwanke. Council Member Finley seconded the amended motion. Aye 5 Nay 0 Abstained 0 Council Minutes 9-13-05 2 09-13-05 11. Consider Ordinance correcting scrivener's error in Ordinance No. 179-2005, an ordinance relating to zoning of 160.13 acre Rudman Partnership tract (FM 455). City Manager, Lee Lawrence explained the error in the language referencing exhibits in the original ordinance. Council Member Montgomery made the motion to adopt the ordinance correcting the error in Ordinance No. 179-2005. Council Member Finley seconded the motion. Aye 5 Nay 0 Abstained 12. Public hearing to consider public comment on annexation of the 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 by O.P. Leonard Investment Company, Ltd. and Alice Leonard Investment Company, Ltd. Mayor Pelham opened the public hearing at 7:47 p.m. No public comments. City Manager, Lee Lawrence had some comments for Council on the property. Mayor Pelham closed the public hearing at 7:49 p.m. 13. Consider/Discuss/Act on resolution accepting an annexation petition and establishing the dates, times, and places for public hearings for the annexation of the following property: A 737.3 acre tract in the Granderson Stark Survey, Abstract 768, and the D. E. W. Babb Survey, Abstract No. 33, located east of S. Powell Parkway (SH 5), generally bounded by CR 421, CR 419, and CR 417, and Including a 171 acre tract north of CR 421 and east of CR 422. City Manager, Lee Lawrence explained the location of the property. Council Member Geren made the motion to pass the resolution establishing dates, times and places for public hearings. Council Member Finley seconded the motion. Aye 5 Nay 0 Abstained 14. Consider/Discuss/Act on request by City of Weston regarding establishment of mutual boundary for City of Weston and City of Anna. City Manager, Lee Lawrence explained the request by the City of Weston to establish a mutual boundary. Council Members discussed City boundaries and ETJ boundaries with neighboring cities. Council Member Geren made the motion to establish the boundaries at the East Fork and the Trinity on the west bank Council Member Finley seconded the motion. Aye 5 Nay 0 Abstained Council Minutes 9-13-05 3 09-13-05 15. ConsiderlDlscuse/Act on resolution casting three votes In election of Board of Directors for the Central Appraisal District of Collin County. City Manager, Lee Lawrence suggested that Council consider nominations that the AISD propose or 9 they wish to consider nominating anyone with the proper qualifications to do so as soon as possible. Council Member Finley made the motion to table this item until the next Council Meeting. Council Member Montgomery seconded the motion. Aye 5 Nay 0 Abstained 0 1 Ga. Consider/DlscusWAct to accept resignation of Patrick Harper from Technology Advisory Commission. Council Member Garen made the motion to accept the resignation of Patrick Harper. Seconded by Council Member Finley. Aye 5 Nay 0 Abstained 0 16b. Consider/Discuss/Act on appointment to Technology Advisory Commission. Council Member Garen made the motion to nominate David Brundage to the Technology Advisory Commission. Council Member Finley seconded the motion. Council discussed that the applicant was not in the City so could not serve on the commission. Council Member Garen withdrew his motion and Council Member Finley withdrew his second. Council Member Finley made the motion to table the item until the next Council meeting. Council Member Garen seconded the motion. Aye 5 Nay 0 Abstained 0 Council Member Finley made the motion to enter Executive Session at 8:14 p.m. Council Member Mosier seconded the motion. Aye 5 Nay 0 Abstained 0 17. 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 Profeesional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code. (Government Code, Chapter 551.071). Council Mioules 9-13-05 4 09-13-05 The council reserves the right to return to executive session throughout this meeting. Council Member Finley made the motion to return to open session at 9:02 p.m. Council Geren seconded the motion. Aye 5 Nay 0 Abstained 18. Consider and act upon items listed under Item 17 Executive Session, as necessary. Council Member Finley made the motion to take no action at this time. Council Member Garen seconded the motion. Aye 5 Nay 0 Abstained 19. Staff report(s) and discussion of other issues, including suggestions for future agenda Items, as desired by city council members and staff. a. Administration 1. Preferred alignment for the proposed Outer Loop City Manager, Lee Lawrence explained that talks were going on with the County as to the route for the Outer Loop on a particular piece of property. it. Hammer property City Manager, Lee Lawrence informed Council that property was within a couple of days of closing on the property. The Title Company is waiting on an Affidavit of Heir ship to be signed. Ill. Park Board appointments iv. Planning & Zoning Commission appointments City Manager, Lee Lawrence wanted to alert Council to the fact that 2 positions will be opening up on both commissions and will be on the next meeting agenda. In the near future EDC will have 3 appointments also. Molly Young stated that she is still interested in being on Planning and Zoning Commission. b. Utility Department I. Water system status report Public Works Director, James Parkman stated we were holding our own on water and to please inform everyone that the water restrictions were still in place. The new well is not on line but is being cycled at this time. The best guess at the moment is another 45 days before it will be in use. Council Member Mosier had questions for staff on the storm sirens, road in front of Mr. Bradshaw's house, FM 455 and left on Shirley St. is a bad dip that needs repaired, why Coyote Den was not on the last P & Z Meeting, why his request to have Whit Price put on the agenda has been ignored, does the City have an Council Minutes 9-13-05 5 09-13-05 Emergency Plan in place, fill pot holes in roads in East Fork Estates, within the next year to two years a new fire station and ladder truck will be needed for the fire department and why 3-3 ties have passed when they should fail. Council Member Montgomery asked for an update from Maurice Schwanke on the current status of the park. 20. 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 motion and vote on the Consent Items MINUTES 1. Minutes from the City Council Special Meeting of August 3, 2005 2. Minutes from the City Council Special Meeting of August 22, 2005 3. Minutes from the City Council Regular Meeting of August 23, 2005 4. Minutes from the City Council Special Meeting of September 1, 2005 5. Minutes from the City Council Special Meeting of September 8, 2005 FINANCIAL REPORTS 1. Payment of bills as presented on September 9, 2005. Council Member Finley made the motion to approve the consent items. Council Member Garen seconded the motion. Aye 5 Nay 0 Abstained 0 21. Adjourn. Council Member Montgomery made the motion to adjourn at 9:26 p.m. Council Member Finley seconded the motion. Aye 5 Nay 0 Abstained 0 Attest: Approved: - Naffia Willdsosoq City Secretary Cenncth Pelham, Mayer Council Minutes 9-13-05 6 09-13-05