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