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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 City Cound Minutes 1-10-0e.doc 1 01-10-06 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. City Council Minutes 1-10-06.doc 2 01-10-06 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. City Council Minutes 1-10-06.doc 3 01-10-06 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 City Cwndl Minutes 1-10U6.doc 4 01-10-W 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. City Council Minutes 1-10-O6.doc 5 01-10-06 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. City Council Minutes 1-10-06.doc 6 01-10-M 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