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