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HomeMy WebLinkAboutCCmin2005-11-22MINUTES CITY OF ANNA REGULAR CITY COUNCIL MEETING November 22, 2005 7:0012111 Community Room, Texas Star Bank The City Council of the City of Anna met in Regular Session at 7:00 o.m.. Tuesday, November 22, 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 Kenneth Pelham and Council Members Billy Deragon, David Crim, J.W. Finley and John Garen. Council Member Lynn Mosier was absent. 3. Pledge of Allegiance. 4. Citizen comments. Johnny McBride — Grass not getting cut around the City. Code Enforcement issues. Keith Green — Status of the new City Hall and clarification on default of bonds for the truck stop at SW comer of FM 455 and 75 Hwy. Joseph Kennedy — Ask Council to consider a revision to the sign ordinance for a multi -tenant pylon sign for High Speed Corridor. Scott Norris — Asked Council to postpone annexation of the Wests property to allow time to meet with city staff and discuss services, etc. Bob West — Ask Council for an extension to the process of annexing their property. 5. Consider presentation by Anna Volunteer Fire Department David Hunt passed out reports to Council and answered questions. Christmas Parade is December 10, 2005 at 2:00 p.m. David Hunt had questions for City Manager, Lee Lawrence on the status for starting the paid fire department. City Manager, Lee Lawrence stated that the Cay Attorney is reviewing and preparing the documents necessary for starting the paid fire department. 6. Consider/Discuss/Action on final plat for Northpointe Crossing, Phase I South. Ken Lambert was present and answered questions from council. City Manager, Lee Lawrence stated that Maurice Schwanke was still reviewing the City council minutes 11-22-05 1 11-22-05 HOA and City Engineer, Tim Morns had 3 minor issues that needed to be added to the construction plans. Council Member Garen made the motion to disapprove the final plat. Motion dies for lack of a second. Council Member Finley made the motion to table this item till the December 131" meeting. Council Member Crim seconds the motion. Discussion between Ken Lambert and Council to approve the final plat contingent upon the HOA and the 3 items being addressed on the construction plans being accepted. Motion passes. AYE 4 Nay 1 (Council Member Geren) ABSTAINED 0 7. Consider/Discuss/Action on an amended plat of The Falls, Phase 11. Jason Stevens was present and explained the need for the amended plat was to change the lot lines for three lots to conform to the required side yard setbacks and answered questions from council members. Council Member Crim made the motion to approve the amended plat for The Falls, Phase 11. Council Member Finley seconded the motion. Motion passes. AYE 5 NAY 0 Abstained 8. Consider/Discuss/Action on Adoption of an Interlocal Agreement between Collin County/City of Melissa/City of Anna relating to Outer Loop. City Manager, Lee Lawrence presented a map for the preferred route for the Outer Loop. Rebecca Rollins Bona and J. D. Rollins spoke against the route proposed for the Outer Loop. Council Member Crim made the motion to approve the Interlocal Agreement for the road to be positioned either to the North to the red line or further South to the yellow line shown on the map. Council member Finley seconded the motion. Motion passes. AYE 5 NAY 0 Abstained 9. Second Public Hearing: To consider public comment on annexation of 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. Mayor Pelham opened the public hearing at 7:52 p.m. City Manager, Lee Lawrence clarified that this was a public hearing only and that no action will be taken on this dem. Raymond Dishaw wants the city to consider putting in up- scale homes if they annex this property into the city. Scott Norris stated that they wanted more time to get together with city staff to discuss and make a presentation for the development of the property. Donna Geer had concerns for the quality of development to go in and how it would affect the city. James West stated they were impressed with the developer and what they have done on other developments and wants the city to work with the developer. Bob West spoke that the family was not just selling the property but was looking out for the type of development to be placed on the property also. Mayor Pelham closed the public hearing at 8:03 p.m. City council minutes 11-22-05 2 11-22-05 10. Consider/Discuss/Action on a Resolution Accepting and Annexation Petition and Establishing the Dates, Times, and Places for Public Hearings for the Annexation Property. (Anna Ranch) City Manager, Lee Lawrence explained that the property owner is seeking annexation and zoning. Council Member Finley made the motion to pass the resolution setting the dates, times and places for the public hearings for annexation. Council Member Deragon seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAINED 0 11. Consider/Discuss/Action on a Resolution by the City Council of the City of Anna Relating to the Construction o the Collin/Grayson Municipal Alliance ("CGMA") Water Transmission Pipeline Project through Municipal Boundaries of the City of Anna. Jerry Chapman with GTUA was present and explained the project and answered questions from council. Council Member Finley made the motion to approve the resolution. Council Member Crim seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAINED 0 12. Consider/Discuss/Action upon an Ordinance by the City Council of the City of Anna, Texas, relating to bonds proposed to be issued and delivered by the Greater Texoma Utility Authority, approving the issuance thereof, and the facilities to be constructed, acquired, and improved by such Authority." Jerry Chapman from GTUA was present and explained some of the background to the ordinance and answered questions from council. Council Member Finley made the motion to approve the ordinance. Council Member Crim seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAINED 0 13. ConsiderlDiscuss/Action on an Ordinance by the City Council of the City of Anna, Texas, relating to bonds proposed to be issued and delivered by the Greater Texoma Utility Authority, approving the issuance thereof, and approving the refunding and refinancing of obligations previously issued by such Authority for the benefit of the City of Anna. Jerry Chapman with GTUA was present and went over the background for this ordinance and answered questions from council. Council Member Finley made the motion to approve the ordinance. Council Member Crim seconded the motion. Motion passes. AYE 5 MAY 0 ABSTAINED 0 14. Consider/Discuss/Action on an ordinance revising water service rates for customers of the City of Anna water utility system, with effective date of January 1, 2007. City wunal minutes 11.22-05 3 11-22-05 City Manager, Lee Lawrence explained the ordinance to council. Jerry Chapman was present and answered questions from council. Council Member Finley made the motion to approve the ordinance. Council Member Garen seconded the motion. Motion passes. AYE 4 NAY 1 (Council Member Crim) ABSTAINED 0 15. Consider/Discuss/Action on Resolution in Support of a change to the Texas Local Government Code to Permit Fire Impact Fees. City Manager, Lee Lawrence explained the background for this resolution and answered questions from council. Council Members Finley and Crim made the motion to approve the resolution. Council Member Deragon seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAINED 0 16. Consider/ Discuss/Action on an Ordinance Adopting the International Property Maintenance Code 2003 as amended. City Manager, Lee Lawrence explained that the City Attorney had consolidated all of the previous ordinances for building codes, high grass, junk vehicles, etc. into this document the Property Maintenance Code with some amendments to the liability issues, etc. Council Member Crim made the motion to approve the ordinance adopting the International Property Maintenance Code 2003 as amended. Council Member Finley seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAINED 0 17. Consider/Discuss/Action on Awarding the Bid for Anna Street Improvements (South Interurban St, Wildwood St and First St) City Manager, Lee Lawrence explained the bids and that the City Engineer, Tim Morris had reviewed the bids and recommends awarding the contract to Advanced paving in the amount of $137,688.72. Council Member Crim made the motion to award the contract to Advanced Paving. Council Member Finley seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAINED 0 18. Consider action on advertising for bids for construction of water line along north side of Anna ISD tract (high school) from N. Powell Parkway to Slater Creek. City Manager, Lee Lawrence explained the need for the water line and answered questions from council. Council Member Geren made the motion to advertise for bids. Council Member Deraggon seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAINED 0 City council minutes 11-22-05 4 11-22-05 19. Consider action on advertising forbids for construction of sewer line along south side of Rudman tract from N. Powell Parkway to Stater Creek. City Manager, Lee Lawrence explained the need for the sewer line and answered questions from council. Council Member Deragon made the motion to approve the advertising for bids. Council Member Com seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAINED 0 20. Consider/Discuss/Action on ordinance establishing Code of Ethics/Code of Conduct. City Manager, Lee Lawrence recommended the Frisco ordinance as a model for Anna's Code of Ethics with a few changes and summarized some of the contents of the Frisco ordinance and answered questions from council. Coundl Member Finley made the motion to insert Anna for the Frisco ordinance and bring it to the December 13, 2006 meeting. Council Crim seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAINED 0 21. Consider/Discuss/Action of resolution voting for nominees for the Board of Director positions for the Central Appraisal District of Collin County. Council Members discussed the list of nominee's. Council Member Finley made the motion to cast 3 votes for Clyde Geer. Council Member Geren seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAINED 0 22. Public Hearing: To consider public comment on the Approval of EDC Budget for 20052006 Fiscal Year. Mayor Pelham opened the public hearing at 8:59 p.m. City Manager, Lee Lawrence went over the budget for EDC. Molly Young stated that maybe council should consider moving the'/. cent sales tax for the streets to the EDC to make % cent sales tax collection for them and great more revenue. Keith Green wanted to know what the EDC had accomplished this year and what accomplishments do they have planned for the next year. Mayor Pelham closed the public hearing at 9:06 p.m. Council Member Crim made the motion to go into executive session at 9:07 p.m. Council Member Finley seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAINED 0 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: City council minutes 11-22-05 5 11-22-05 A. Purchase, exchange, lease, or value of real property (Government Code, Chapter 651.072). Council Member Garen made the motion to return to open session at 9:30 p.m. Council Member Finley seconded the motion. The council reserves the right to return to executive session throughout this meeting. 24. Consider and act upon items listed under Item 23 Executive Session, as necessary. Council Member Finley made the motion to take no action. Council Member Deragon seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAINED 0 25. Consider/Discuss/Action on appointment for P & Z Commission, Place 6. Council Member Finley made the motion to appoint Jason Cottrill. Motion failed for lack of a second. Council Member Deragon nominated David Culler. Council Member Crim nominated Nancy Pennington. Council Member Garen seconded Nancy Pennington nomination. City Manager, Lee Lawrence clarified for council that they were only nominating the persons they wished to vote for. The nominations were for Jason Cottrill, David Culler and Nancy Pennington. The first vote: Jason Cottrill received 2 votes; David Culler received 1 vote and Nancy Pennington received 2 votes. Tie vote for Jason Cottrill and Nancy Pennington. Second vote: Jason Cottrill received 2 votes and Nancy Pennington received 3 votes. Nancy Pennington voted on to P & Z Commission, Place 6. 26. Staff reporga) and discussion of other issues, including suggestions for future agenda items, as desired by city council members and staff. a. Two positions on Board of Adjustment b. City Council Meeting December 27, 2005 City Manager, Lee Lawrence informed council that two positions for BOA would be on December 13, 2006 agenda and asked council K there would be a council meeting on December 27, 2006. Council decided to have only the December 13, 2006 meeting. Anna Truck Stop has pending litigation and the only thing that can be on the agenda would be to discuss only general information. Council discussed and decided that the sign ordinance did not need to be amended as was requested during public comments. The gentlemen would need to ask for a variance to the sign ordinance for the type of sign they wanted. Council Member Deragon brought up the need for computers (laptops) and or Blackberry's for the police department. Police Chief Jenks stated they were awaiting Blackberry's from Nextel to try out so they ran make a decision on whether to have laptops or the Blackberry's for the vehicles. Council Member Deragon also wanted council to take a look at incentative pay for the police officers along with an additional 2% raise for the employees. City cwndl minutes 11-22-05 6 11-22-06 Council Member Finley wants to see the dumpster situation taken rare of and there are some high grass issues that need to be addressed. Council Member Geren brought up TML insurance and the fad that an employee can not opt out of I and that it can be offered to any elected official and has not been offered to council. Mayor Pelham went over a handout for Pass Through Financing which is a way to pay for upgrading Hwy 75. 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 25, 2005 2. Minutes from the City Council Special Meeting of November 1, 2005 3. Report of meeting of Park Board of October 17, 2005 4. Report of meeting of Planning and Zoning Commission of November 1, 2005 5. Report of Economic Development Corporation of November 3, 2005. S. Report of Economic Development Corporation of November 5, 2005 1. Payment of bills as presented on November 22, 2005. 2. Financial Report as of November 17, 2006 Council Member Finley pointed out errors on October 25, 2005 minutes on Item #'s 10, 18 and 25 the Council Members name making the motions had been omitted. Council Member Geren made the motion to pass the consent items. Council Member Finley seconded the motion. Motion passes. AYE 5 NAY 0 Abstained 28. Adjourn. Council Member Crim made the motion to adjourn at 9:59 p.m. Council Member Deragon seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAINED 0 ATTEST: APPROVED: Na a Wilkison, City Secretary / enneth Pelham, Mayor City council minutes 11-22-05 7 11-22-05