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Home My WebLink AboutCCmin2005-11-01 Special MeetingR12 MINUTES OF CITY OF ANNA SPECIAL CITY COUNCIL MEETING November 1, 2005 7:00 PM Community Room, Texas Star Bank The City Council of the City of Anna met in Special Session at 7:00 p.m., Tuesday, November 1, 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. Present were Mayor Pelham and Council Members John Garen, J.W. Finley, David Crim. Lynn Mosier and Bill Deragon. 3. Citizen comments. None h 4. First Public Hearing: To consider public comment on annexation of a 321.82 acre 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. Mayor Pelham opened the public hearing at 7:01 p.m. Robert West, 114 College St. in Fannersville, TX. spoke against the annexation. James West, 504 Tucker, McKinney TX. spoke against the annexation. Mayor Pelham closed the public hearing at 7:13 p.m. Council Member Garen made the motion to go into closed session at 7:14 p.m. Council Member Finley seconds the motion. S. 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 n Cty Council Minutes 11-1-05 1 11.1.05 Chapter 551 of the Government Code. (Government Code, Chapter 551.071). Council Member Crim made the motion to return to open session at 7:32 p.m. Council Member Finley seconds the motion. The council reserves the right to return to executive session throughout this meeting. S. Public Hearing: To consider public comments on a request by A. Asad, representing Anna Plaza, Inc./Coyote Den, for specific use permit to operate a food- beverage store located at 6115 S. Powell Parkway, Mayor Pelham opened the public hearing at 7:33 p.m. No comments. Mayor closed the public hearing at 7:33 p.m. 6(a) Action: To consider action on recommendation regarding request by A. Asad, representing Anna Plaza, IncJCoyote Den, for specific use penult to operate a food -beverage store located at 605 S. Powell Parkway. Council Member Crim made the motion to approve the speck use permit request. Council Member Mosier seconds the motion. Motion passes. Aye 4 Nay 2 (Council Member Deragon Abstained 0 .� and Mayor Pelham) 7. Consider/Discuss/Action on ordinance annexing the following tract A 236A95 -acre tract in the Granderson Stark Survey, Abstract 798, located South of E. White Street along the East side of the DART rail line. Council Member Crim made the motion to approve the annexation of 236.495 acres tract in the Granderson Stark Survey (Leonard Tract). Council Member Finley seconds the motion. Motion passes. Aye 6 Nay 0 Abstained 0 8. ConsideHDiscuss/Action on ordinance zoning 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-scre tract in the Granderson Stark Survey, Abstract 798, located south of E. White Street along the East side of the DART rail line. Ryan Betz with Skorburg Company did a presentation for a future development called Belmont Farms and answered questions from Council Members. Council Member Garen made the motion to approve the zoning request with the changes discussed. Council Member Finley seconds the motion. Motion passes. Aye 6 Nay 0 Abstained 0 �01 City Council Minutes 11-1-05 2 11 1-05 9. Consider adoption of a resolution directing publication of notice of intention to issue certificates of obligation; and resolving other matters relating to the subject. LeRoy Grawunder, Attorney with McCall, Parkhurst 8 Horton L. L. P. discussed the procedure Council will be taking to have Certificates of Obligation issued for capital improvement projects. Council Member Finley made the motion to approve the resolution. Council Member Crim seconds the motion. Motion passes. Aye 6 Nay 0 Abstained 0 10. Consider/Discuss/Action on Outdoor Lighting Ordinance. Mayor Pelham as council to table this item for further review. Council Member Finley made the motion to table this item till the November 22, 2005 meeting. Council Member Crim seconds 01e motion. Motion passes. Aye 6 Nay 0 Abstained 0 11. Consider/Discuss/Action on Ordinance for Adoption of the 2003 International Property Maintenance Code. City Attorney, Clark McCoy asked Council to table this item until the next meeting for further review and dean up. Council Member Finley made the motion to table this item until the November 22, 2005 meeting. Council Member Crim seconds the motion. Motion passes. Aye 6 Nay 0 Abstained 0 12. Resolution to change the Texas Local Government Code to permit fire impact fees. City Manager, Lee Lawrence gave the back ground for this item and asked Council to table this item until the next meeting. Council Member Finley made the motion to proceed with the resolution for review at the November 22, 2005 meeting. Council member Crim seconds the motion. Motion passes. Aye 6 Nay 0 Abstained 0 13. Consider/Discuss/Action on electing a Deputy Mayor Pro Tem. Council Member Deragon nominated Council Member Garen. Council Member Crim seconds the motion. Council Member Mosier nominated Council Member Deragon. Seconded by Council Member Crim. Council Members Deragon, Finley, Garen and Crim voted for Council Member Garen, Council Member Mosier and Mayor Pelham voted for Council Member Deragon. Council Member Garen is the Deputy Mayor Pro Tem. City Council Minutes 11-1-05 3 11-1-05 14. Consider/Discuss/Action on letter of resignation from Billy Deragon from P & Z Commission. ,..� Council Member Finley made the motion to accept the letter of resignation from Billy Deragon. Council Member Geren seconds the motion. Motion passes. Aye 5 Nay 0 Abstained 0 15. Consider/Discuss/Action on appointment for P & Z Commission Place 6. Council Member Finley nominated Jason Cottrill. Council Member Billy Deragon seconds the nomination. Council Member Geren Nominates Kevin Anderson. Motion dies for lack of a second. Council Member Com nominates David Culler. Council Member Mosier seconds the nomination. Council Member Mosier nominates William Turner. Council Member Crim seconds the motion. Tie vote: 3 votes for Jason Cottrill (Council Member Deragon, Finley and Mayor Pelham). 3 votes for William Turner (Council Member Mosier, Crim and Geren). Council Member Mosier made the motion to table this Rem until the November 22, 2005. Aye 6 Nay 0 Abstained 0 16. 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. Report of meeting for Anna Park Board October 17, 2005. 2. Report of meeting for Anna Economic Development Corporation October 6, 2005. 3. Report of meeting for the Anna Technology Advisory Board October 20, 2005. Council Member Finley made the motion to approve the consent items. Council Member Crim seconds the motion. Motion passes. Aye 6 Nay 0 Abstained 0 17. Adjourn. Council Member Mosier made the motion to adjourn the meeting at 8:42 p.m. Council Member Deragon seconds the motion. Motion passes. Ayes 6 Nay 0 Abstained 0 City Council Minutes 11.1-05 4 11-1-05 ATTEST: / APPROVED: Nath Wilkison, City Secretary m, Mayor City Council Minutes 114-05 5 11-1-05