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HomeMy WebLinkAboutCCmin2005-10-25MINUTES CITY OF ANNA REGULAR CITY COUNCIL MEETING October 25, 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, October 25, 2005, at the Community Room, Texas Star Rank, 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 David Crim, Lynn Mosier, J. W. Finley and John Geren were present. 3. Pledge of Allegiance. 4. Citizen comments. None 5. Consider presentation by Anna Volunteer Fire Department. Fire Chief David Hunt had handouts for council and staff and asked council if they wished to see the maintenance invoices on the vehicles. Council Member Gercn stated that he thought it would he a good idea so that council would be up to date on the problems a vehicle may have been having when it comes time to replace an older vehicle. 6. Consider presentation by Anna Technology Advisory Commission. Clay Ginn, Secretary for the Anna Technology Advisory Commission was present and updated Council on the new server being installed at city hall and the interviews being conducted for a company to manage the city web site. 7a. Public Hearing: To consider public comments on a request by Pecan Tex. LLC, representing O.P. Leonard Jr. and Nancy Alice Leonard Investment Company, Ltd. For Planned Development Single Family Residential zoning, a 236.495 acre tract City Council Minutes 10-25-05 1 10-25-05 in the Granderson Stark Survey, Abstract 798, located south of E. White Street along the east side of the DART rail line. Mayor Pelham opened the public hearing at 7:06 p.m Ryan Betz with Skorburg Company made a presentation for Belmont Farms a Planned Development proposed on 236.495 acres in the Granderson Survey (Leonard Tract). Mayor Pelham closed the public hearing at 7:24 p.m. 7b. Discuss request by Pecan Tex. LLC, representing O.P. Leonard Jr. and Nancy Alice Leonard Investment Company, Ltd. For Planned Development Single Family Residential zoning, 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. City Manager, Lee Lawrence asked for direction from council on the Planned Development zoning being requested. Mr. Lawrence stated that Maurice Schwanke or himself had not reviewed the proposed plan in detail and needed more time to do so. P & Z Commission recommended approval with a few conditions and changes. Council Members suggested a few items to be considered such as land for a school and fire station (sub). 8. Consider/Discuss/Act on request for £mal plat for the Richardson Second Addition property located at 1107 N. Riggin Street, being 0.906 acres in the Henry Brantley Addition. Clarence Richardson was presented and answered questions from council. Council Member Finley made the motion to approve the final plat. Council Member Mosier seconded the motion. Motion passes. Aye 5 Nay 0 Abstained 0 9. Consider/Discuss/Act on ordinance providing for video of private sewer lines (yard lines). City Manager, Lee Lawrence stated that the City Attorney had suggested a couple of changes to the ordinance making reference to the establishment of a penalty and a fine and the second change to Section 1 clarifying inspections will be done on all new construction and building sewers being replaced New copies with the changes were handed out to council. Council Member Finley made the motion to approve the ordinance. Motion seconded by Council Member Germ. Motion Passes. Aye 5 Nay 0 Abstained 0 10. ConsiderlDiscuss/Act on ordinance providing for fees for setting water meters. City C.61 Minntcs 10-25-05 2 10-25-03 City Manager, Lee Lawrence stated that the City Attorney had suggested a change to the ordinance making reference to the establishment of a penalty and a fine. New copies of the ordinance with the change were handed out to Council. Council Member Geren made the motion to pass the ordinance establishing meter set fees, providing for repeal clause, establishing a savings clause and establishing an effective date. Council Member Finley seconded the motion. Motion passes. Aye 5 Nay 0 Abstained 0 11. Consider/Discuss/Act on ordinance approving the 2005 Tax Roll for the City of Anna. Council Member Finley made the motion to approve the ordinance. Council Member Geren seconded the motion. Motion passes. Aye 5 Nay 0 Abstained 0 12. Consider/Discuss/Act on ordinance establishing a Code of Ethics/Code of Conduct. City Manager, Lee Lawrence stated that Council had been provided copies of neighboring cities codes and that Council had tabled the item to appear at this meeting. Mr. Lawrence stated staff was not sure of Councils disposition on this item and asked for direction from council members. Council Member Finley made the motion for staff to put together a document using the format of the samples and bring back one for approval at the next regular council meeting. Council Member Mosier seconded the motion. Motion passes. Aye 5 Nay 0 Abstained 13. Atmos Energy rate increase. Terry Tombaugb with ATMOS Energy was present and explained why the company was asking for a rate increase and answered questions from Council. Council Member Finley made a motion to approve the rate increase. Motion failed for lack of a second. Council Mosier made the motion to deny the rate increase. Council Member Crim seconded the motion. Aye 5 Nay 0 Abstained Council Member Finley made the motion for Council to go into Executive Session at 7:58 p.m. Council Member Caren seconded the motion. City Council Minntea 10.25-05 3 10-25-115 14. 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). Council Member Finley made the motion to return to open session at 8:34 p.m. Council Member Geren seconded the motion. The council reserves the right to return to executive session throughout this meeting. 15. Consider and act upon items listed under Item 24 Executive Session, as necessary. Council Member Finley made the motion to take no action. Council Member Mosier seconded the motion. Motion passes. Aye 5 Nay 0 Abstained 0 16. Consider/Discuss/Act on resolution authorizing establishment of mutual boundary between City of Weston and City of Anna. City Manager, Lee Lawrence stated that a resolution and a map is being presented to Council and staff asked for Council to approve this item. Council Member Crim made the motion to approve the resolution authorizing establishment of a mutual boundary between the City of Weston and the City of Anna. Council Member Geren seconded the motion. Motion passes. Aye 5 Nay 0 Abstained 17. Consider resolution revising date of second public hearing for the annexation of the following property: A tract in the J. C. Neill Survey, Abstract 659, being an area generally bounded by FM 455, FM 2862, and SH 121, including property owned by T. W. West Estate, Alan J. Walters, Elizabeth Hendricks, and the Texas Department of Transportation. City Cowca Minuks 10-25-05 4 10-25-05 City Manager, Lee Lawrence stated that this resolution establishes public hearing dates of November 1, 2005 and November 22, 2005 for this annexation. Council Member Geren made the motion to approve the resolution. Council Member Finley seconded the motion. Motion passes. Aye 5 Nay 0 Abstained 0 18. Consider/Disews/Act on letter of resignation of Planning and Zoning Commissioner David Crim. Council Member Geren made the motion to accept David Crim's letter of resignation from P & Z. Council Member Finley seconds the motion. Motion passes. Aye 5 Nay 0 Abstained 0 19. Consider/Discuss/Act on appointment to fill vacancy on Planning and Zoning Commission, Place 3. Council Member Geren made the motion to appoint William Ballantyne to P & Z Commission, Place 3. Council Member Crim seconds the motion. Council Member Mosier made the motion for nominations to cease. Council Member Geren seconds the motion. Motion passes. Aye 5 Nay 0 Abstained 0 20a.Consider/Discuss/Act on appointment to Anna Economic Development Corporation, Place 1. Council Member Finley made the motion to appoint Jason Cottrill. Council Member Geren seconds the motion. Jason Cottrill was present and introduced himself and answered questions from Council. Motion passes. Aye 5 Nay 0 Abstained 0 20b.Consider/Discuss/Act on appointment to Anna Economic Development Corporation, Place 3. Council Member Geren made the motion to appoint Richard Pennington. Council Member Finley seconds the motion. Richard Pennington was present and introduced himself. Motion passes. Aye 5 Nay 0 Abstained 0 20e-Consider/Discuss/Act on appointment to Anna Economic Development Corporation, Place 5. City Council Mines 10.25-05 5 10.25-05 Rachel Lyon was present and introduced herself as a candidate for EDC. Council Member Finley made the motion to appoint Rachel Lyon. Motion fails for lack of a second. Council Member Geren made the motion to nominate Jodi Seabolt for Place 5 on EDC. Council Member Crim seconds the motion. Motion passes. Aye 5 Nay 0 Abstained 0 Jodi Seabolt was present and introduced herself to Council. 21a.Consider/Discuss/Act on appointment to Anna Community Development Corporation, Place 1. Council Member Geren made the motion to reappoint Council Member Finley to Anna CDC, Place 1. Council Member Crim seconds the motion. Motion passes. Aye 5 Nay 0 Abstained 0 21b.Consider/Discuss/Act on appointment to Anna Community Development Corporation, Place 3. Council Member Crim made the motion to reappoint Duane Hayes to Anna CDC, Place 3. Motion seconded by Council Member Finley. Motion passes. Aye 5 Nay 0 Abstained 0 21c.Consider/Discuss/Act on appointment to Anna Community Development Corporation, Place 5. Council Member Crim made the motion to reappoint Susan Barnes to the Anna CDC, Place 5. Council Member Geren seconds the motion. Motion passes. Aye 5 Nay 0 Abstained 0 21d.Consider/Discuss/Act on appointment to Anna Community Development Corporation, Place 7. Council Member Crim made the motion to reappoint Jon Hendricks to Anna CDC, Place 7. Council Member Finley seconds the motion. Aye 5 Nay 0 Abstained 0 22. Consider/Discuss/Action on appointments for the Sign Board. City Manager, Lee Lawrence explained that the appointment of a sign board is in the sign ordinance. A sign board has not yet been appointed and there is going to be a need for the sign board in the new future. Staff's recommendation is to City Connell Minutes 10-25-05 6 10-25-05 appoint members of the P & Z and the Board of Adjustments since they are already familiar with city regulations. Council Member Finley made the motion to appoint William Ballentyne, Joseph Bods, Keith Green, Duane Hayes and Jon Hendricks as the regular members of the sign board with Billy Deragon and Molly Young being the alternates. Motion seconded by Council Member Geren. Motion passes. Aye 5 Nay 0 Abstained 0 23. Consider/Discuss/Act on letter of resignation of City Council Member Mark Montgomery. Council Member Geren made the motion to accept Council Member Mark Montgomery's letter of resignation. Council Member Finley seconds the motion. Motion passes. Aye 5 Nay 0 Abstained 0 24. Consider/Discuss/Act on procedure for filling vacancy of City Council position, Place 3. Council Member Finley made the motion to fill by appointment and nominated Billy Deragon to fill the vacancy of City Council, Place 3. Council Member Crim seconds the motion. Motion passes. Aye 5 Nay 0 Abstained 0 24a.Consider/Discuss/Act on making an appointment to fill City Council, Place 3. 25. Consider/Discuss/Action on electing a Mayor Pro Tem. Council Member Mosier made the motion to appoint David Crim as Mayor Pro Tem. Council Member Finley seconds the motion. Motion passes. Aye 4 Nay 0 Abstained 0 26. Staff report(s) and discussion of other issues, including suggestions for future agenda items, as desired by city council members and staff. a, Outer Loop b. TML conference C. %% Sales Tax for Street d. Elect Deputy Mayor Pro Tem City Manager, Lee Lawrence briefed Council on matters that will be on future agendas. Council Member Mosier raised questions on the following matters: (1) where do we stand on the parks; (2) where are we City Council Minutes 10-25-05 7 10.25-05 on the plans for city hall; (3) Code Red; (4) status of the water well; (5) status of fining water leak at 2vd Street and Urban. Council Member Goren wanted to know the status for tearing down the burned out house by his residence. 27. 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 Regular Meeting of October 11, 2005 2. Report of meeting of Planning and Zoning Commission of October 4, 2005 FINANCIAL REPORTS 1. Payment of bills as presented on October 25, 2005. 2. Financial report as of September 30, 2005. Council Member Finley pointed out a typo error on the City Council Minutes of October 11, 2005, Item #7, the ayes should read 5 and not 6. Council Member Finley made the motion to approve the consent items with the change, Council Member Goren seconds the motion. Motion passes. Aye 5 Nay 0 Abstained 0 28. Adjourn. Council Member Mosier made the motion to adjourn at 9:16 p.m. Council Member Goren seconds the motion. Motion passes. Aye 5 Nay 0 Abstained 0 ATTEST: APPROVED: Nal#a Wilkison, City Secretary _wham, Mayor Cuw Council Minutes 10-25-05 $ 1045-05