HomeMy WebLinkAboutCCmin2006-01-10MINUTES
CITY OF ANNA
REGULAR CITY COUNCIL MEETING
January 10, 2006 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,
January 10, 2006, at the Community Room, Texas Star Bank, located at 402 W. White
Street (FM 455), to consider the following hems.
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 Billy Deragon, Lynn Mosier, J.W.
Finley and John Garen were present. Council Member David Crim was absent.
3. Pledge of Allegiance.
4. Citizen comments.
Chief of Police Kenny Jenks handed out a 2005 Racial Profiling Report to council
and answered questions.
5. ConslderfDiscusslAction on an Interlocal Cooperation Agreement Between
Greater Texoma Utility Authority and the City of Anna, Texas for obtaining
permanent and temporary construction easements for the construction of a
water transmission pipeline across certain properties located In Collin
County, Texas.
City Manager, Lee Lawrence summarized the need for the Interlocal Cooperation
Agreement between GTUA and the City of Anna. Council Member Finley made
the motion to approve the Intedocal Agreement. Council Member Garen
seconded the motion. Motion passes.
AYE 5 NAY 0 ABSTAIN
Council Member Crim arrived 7:05 p.m.
6. ConsiderlDiscuss/Actlon on Ordinance for Anna Code of Ethics.
City Manager, Lee Lawrence told council that this is the reworked Frisco Code of
Ethics that Council requested with a couple of revisions. City Attorney, Clark
McCoy reviewed the change to Part D: Disclosure by Local Govemment Officers
and Persons doing Business with the City and the penalty to be assessed If a
violation of the ordinance occurs. The City Attorney also reviewed the complaint
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process and answered questions from council. City Manager, Lee Lawrence also
pointed out Section 7: Political Activity and voiced his concerns for council
members being able to support candidates using the prestige of the member's
position with the City. Council Member Garen made the motion to accept the
ordinance striking Section B, C and D of Section 7: Political Activity. Council
Member Finley seconded the motion. Discussion on length of time to file a
complaint continued. Council Member Garen amended his motion to add a 90
day after discovery of an alleged violation to section 2A (add section 5) of the
ordinance. City Attorney, Clark McCoy stated that the ordinance would not appy
until new council members come on to the council and take their oaths. Motion
passes.
AYE 6 NAY 0 ABSTAIN
7. ConsiderlDlscuselACtion on Proposed Ordinances: Adopting the 2003
Edition of the International Building Code and Adopting the North Central
Texas Council of Government recommended Amendments:
a. Adopting the 2003 International Building Code and Residential Code
and Amendments Recommended by NCTCOG.
b. Adopting the 2003 International Plumbing Code and Amendments
Recommended by NCTCOG.
c. Adopting the 2003 International Mechanical Code and Amendments
Recommended by NCTCOG.
d. Adopting the 2003 International Fuel Gas Code and Amendments
Recommended by NCTCOG.
e. NCTCOG recommended amendments to 2008 National Electric Code
(Ord. No. 193-2005)
f. Adapting the 2003 International Fire Code and Amendments
Recommended by NCTCOG.
g. Adopting the 2003 International Energy Code and Amendments
Recommended by NCTCOG.
h. Revising Ordinance No. 190-2008 by deleting the last sentence of
Section 603.1.1.
Council Member Garen made the motion to adopt the 2003 Edition of the
International Building Code and to adopt the North Central Texas Council of
Government's recommended amendments. A thru H listed Codes. Council
Member Finley seconds the motion. Assistant City Manager, Wayne Cummings
stated that in the International Fire Code the section on high rises council needs
to specify which option A or B they wish to adopt. Council Member Geren
amended his motion to adopt option B the 35' option. Motion passes.
AYE 6 NAY 0 ABSTAIN
8. Consider/Discuss/Action on Recommendations by Planning and Zoning
Commission regarding the Outdoor Lighting Ordinance.
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City Manager, Lee Lawrence stated that Planning and Zoning reviewed the
ordinance at their meeting on January 3, 2006 and recommended approval of the
ordinance by council. City Manager, Lee Lawrence asked for direction from
council on the greenbelt and natural areas, as to what they want covered.
Council Member Deragon made the motion to adopt the ordinance. Council
Member Mosier seconds the motion. Council Member Deragon amended the
motion to include an effective date of February 1, 2006. Motion passes.
AYE 6 NAY 0 ABSTAIN
9 Public Hearing: Anna Ranch Annexation
To consider public comment on annexation of a 737.3 acre tract in the
Granderson Stark Survey, Abstract 768 and the D.E.W. Babb Survey,
Abstract No. 33, located southeast of Powell Pkwy (Hwy 5), north of CR 417
and west of CR 419, property being owned by JNC Partners, LLC.
Mayor Pelham opened the public hearing at 7:51 p.m. There was no public
comment. Mayor Pelham closed the public hearing at 7:52 p.m.
10. Consider/Discuss/Action on Ordinance for County Road Names.
City Manager, Lee Lawrence asked council to table this Item. He had questions
for the county. Council Members thought they had already visited this item and
named streets and that R should have been submitted to the county
commissioners for their approval. Council Members wanted to review the old
map with tlx: new map. Council Member Crim made the motion to table this Rem
until the January 24, 2006 meeting. Council Member Garen seconds the motion.
Motion passes.
AYE 6 NAY 0 ABSTAIN
11. ConsideNDiscuss/Action regarding firefighter/fire inspectors.
Fire Chief David Hunt ask that when the signs for the County roads were changed
if the CR and name could be on the new sign for first response purposes. City
Manager, Lee Lawrence went over the Budget Data and AVFD Request
revisions to reflect the changes needed to operate. The City Manager also went
over the contents of the Agreement between the City of Anna and the Anna
Volunteer Fire Department to provide adequate fire and emergency services
protection to the residents and property owners of the City of Anna and the
surrounding area. Council Member Com made the motion to approve the budget
and agreement with salt revisions. Council Member Deragon seconds the
motion. Motion passes.
AYE 6 NAY 0 ABSTAIN
Council Member Finley made the motion to go into closed session at 6:32 p.m.
Council Member Garen seconds the motion. Motion passes.
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12. 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, base, 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).
c. The council reserves the right to return to executive session
throughout this meeting.
Council Member Finley made the motion to return to open session at 9:09 p.m.
Motion seconded by Council Member Crim. Motion passes.
13. Consider and act upon items listed under Item 13 Executive Session, as
necessary.
Council Member Finley made the motion to take no action at this time. Council
Member Deragon seconds the motion. Motion passes.
AYE 6 NAY 0 ABSTAIN 0
14. Consider/Discues/Action on an Annexation and Development Standards
Agreement City of Anna — West Family Tract
Scott Norris with Addison Land Advisors spoke to council and presented the
agreement with a change to modify language suggesting the land owners were
developers, at. Council Member Garen made the motion to deny the
development agreement between the City o Anna and the West Family Tract.
Council Member Mosier seconds the motion. Motion passes.
AYE 6 NAY 0 ABSTAIN 0
15. Consider/Discuss/Action on an Ordinance for 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.
Bob West spoke and objected to the annexation of the T.W. West Estate by the
City of Anna. Council Member Deregon made the motion to approve the
annexation ordinance. Council Member Geren seconded the motion. Motion
passes 5 to 1.
AYE 5 NAY 1 (Council Member Crim) ABSTAIN 0
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16. Consider/Discuss/Action on North Park Sewer Contract Bid Award.
City Manager, Lee Lawrence gave a brief summary of the project and stated that
the consulting engineer recommends the award of the contract to the low bidder
W.R. Hodgson Company in the amount of $82,860.50. Council Member Finley
made the motion to award the bid to W.R. Hodgson Company. Council Member
Geren seconds the motion. Motion passes.
AYE 6 NAY 0 ABSTAIN 0
17. Consider/Discuss/Action on reconsideration to change routing of the water
line regarding the A.L. Geer Addition (Anna Office Building).
City Manager, Lee Lawrence reviewed the issue and answered questions from
council members. Council Member Finley made the motion to approve. Council
Member Mosier seconds the motion. Motion passes.
AYE 6 NAY 0 ABSTAIN 0
18. Discuss City's possible notification to citizens regarding Information
relating to convicted sex offenders, and possible action to direct
staff and City Attorney to draft ordinance providing for annual
notification.
Council Member Deragon stated that he would like to have staff develop some
type document to give to the citizens that would have the link to the Collin County
offender site and would have the name and street the offender lives on to give to
residents on a yearly or biannual basis. Council Member Deragon made the
motion to have staff draft a document for annual notification of information
relating to convicted sex offenders. Motion seconded by Council Member Finley.
Motion passes.
AYE 6 NAY 0 ABSTAIN
19. Consider/Discuss/Action on City Hall Annex building plans.
City Manager, Lee Lawrence handed out a drawing site plan showing the
physical layout of the City Annex building proposed for the Hammer property.
The funds are now available from the Certificates of Obligation issued to proceed
with this project. Council Member Com made the motion to table this item until
the next meeting. Council Member Deragon seconded the motion. Motion
passes.
AYE 6 NAY 0 ABSTAIN
20. Discussion of Primrose/Leonard/rown Center Facilities Agreement.
Ryan Betz and Nathan Thompson were present and made a presentation to
council to discuss a draft facilities agreement of Primrose/Leonard/rown Center.
Don Collins came in during the presentation and contributed to the discussion.
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The discussion was proposals for the water, sewer, roads, drainage and parks to
be put in place by them and they would be reimbursed over a period of time.
Discussion of oversized lines and reimbursement for putting them in took place.
City Attorney, Clark McCoy asked the question assuming the city does have to
pay or reimburse impact fees for the over sizing how is that calculation made. Is
it just the difference in material cost between the 8° and what the over size is
going to be. The line is going to have to be dug anyway so is it calculated as just
the difference in material cost. Ryan Betz agreed there would be a material cost
difference and probably a labor cost that should be easy to calculate.
21. Consider/DiscussfActlon on presentation by Dannenbaum Engineering on
Improvements along FM 466.
City Manager, Lee Lawrence informed council that Dannenbaum Engineering
was not ready to make a presentation but they would be at the council meeting
on the 2e. Council Member Finley made the motion to table this item until
January 24, 2006. Council Member Geren seconded the motion. Motion passes.
AYE 6 NAY 0 ABSTAIN
22. ConsiderlDiscuss/Action on Resolution Supporting Mutual Aid Agreement
for Fire Protection between the City of Van Alstyne and the Anna Volunteer
Fire Department
Fire Chief David Hunt commented on the proposed Mutual Aid Agreement. City
Attorney, Clark McCoy has reviewed the document and suggested a couple of
changes to the agreement. Council Member Finley made the motion to approve
the Resolution to Support the AVFD on the proposed Mutual Aid Agreement.
Council Member Mosier seconds the motion. Motion passes.
AYE 6 MAY 0 ABSTAIN
23. Staff report(s) and discussion of other issues, Including suggestions for
future agenda items, as desired by city council members; and staff.
a. Outdoor Warning System
b. Amending the Budget for Fiscal Year 2005-2006
c. Smith Street Improvements
d. Land Use and Thoroughfare Plan
e. Zoning Ordinance Review/Revisions
City Manager, Lee Lawrence requested direction from council on acting on the
council's previous decision for the Outdoor Warning System. Council directed
staff to make sure that either 3 or 4 sirens were approved and to go ahead with
previous decision. Staff is in the process of determining r -0-w for the Smith
Street improvements. There is going to be a meeting with the property owners to
go over their concerns. The Planning and Zoning Commission is looking at some
land use and thoroughfare revisions as well as some zoning ordinance changes.
Budget changes will be on the January 24, 2006 meeting.
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Council Member Deragon wants to see incentive pay and employee raises
discussed when budget comes. State legislation has changed and he would like
to see changes in subdivisions to lower the speed limits.
Council Member Mosier asked when we were going to get our water well. City
Manager, Lee Lawrence stated that we have given the contractor and January
16° deadline to get the sand out of the well.
Council Member Garen stated that a year ago when the charter passed and we
got a city manager that council took on the sole duty of doing the evaluations and
as of this date they have not seen one. He thought that quarterly revues are what
council approved to do.
City Manager, Lee Lawrence reminded council that they had passed a parking
ordinance. Public Works Director, James Parkman has 2 quotes for paving in
Oak Hollow subdivision (four phases). One at $12,200.00 and the other at
$9,900.00.
Mayor Pelham handed out information for Child Advocate programs and asked
council members to lock over the information for future budget Rem.
24. CONSENT ITEMS:
a. 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 December 13, 2005
2. Report of meeting of Park Board of November 21, 2005
3. Minutes from the Planning and Zoning Commission Meeting of
December 6, 2005.
4. Report of meeting of Anna Community Development Corporation of
December 5, 2005.
S. Report of meeting of Park Board of December 19, 2005.
6. Minutes from the City Council Special Meeting of December 20, 2005
7. Report of meeting of the Anna Economic Development Corporation of
December 21, 2005.
FINANCIAL REPORTS
1. Payment of bills as presented on January 6, 2006.
Council Member Finley made the motion to approve the consent items.
Council Member Mosier seconded the motion. Motion passes.
AYE 6 NAY 0 ABSTAIN 0
25. Adjoum.
Council Member Mosier made the motion to adjourn at 10:33 p.m. Council
Member Garen seconded the motion. Motion passes.
AYE 6 NAY 0 ABSTAIN 0
City Council Minutes 1-10-06.60c 7 01-10-06
ATTEST: APPROVED:
Nafha Wilkison, City Secretary } , Kenneth Pelham
City Comcd Minutes 1-10-06AM 8 01-10-06