HomeMy WebLinkAboutCCmin2006-04-11MINUTES OF
CITY OF ANNA
REGULAR CITY COUNCIL MEETING
April 11, 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, April
11, 2006, 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.
Mayor Kenneth Pelham and Council Members Lynn Mosier, Billy Deragon, David
Crim, J.W. Finley and John Geren were present.
3. Pledge of Allegiance.
4. Citizen comments.
Tim Overby — Mr. Overby complained on the noise from the water well drilling rig
next to his property.
Mr. Wortham — Mr. Wortham complained on the water well drilling area.
S. Consider/Discuss/Action on a Proclamation Declaring April as Sexual
Assault Awareness Month.
Mayor Pelham read the proclamation.
6. Consider/Discuss/Acdon on Final Plat for Anna Elementary School #2
Addition
Lee Lawrence, City Manager presented P & Z's and stairs recommendation for
approval of the plat. Dr. Wardell was present to answer questions from council.
Council Member Finley made the motion to approve the final plat for Anna
Elementary School #2 Addition. Council Member Deragon seconded the motion.
Motion passes.
AYE 6 NAY 0 ABSTAIN 0
7. ConsldedDiscuss/Action on Development Plat for Pennington Farm
Addition.
City Manager, Lee Lawrence presented information on the plat and stated P & Z
and staff recommend approval. Council Member Garen made a motion to
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approve the development plat. Council Member Finley seconded the motion.
Motion passes.
AYE 6 NAY 0 ABSTAIN 0
8. Consider/Dlscuse/Action on Ordinance for Annexation for Anna ISD
property consisting of a 37.005 acre tract of land.
City Manager, Lee Lawrence presented the background information for this
annexation and stated that P & Z and staff recommend approval. Council
Member Crim made the motion to approve the annexation ordinance. Council
Member Finley seconded the motion. Motion passes.
AYE 6 NAY 0 ABSAIN 0
9. Consider/DiscusWAction on Awarding the contract for bid for Smith Street
Waterline.
City Manager, Lee Lawrence went over Tim Morris's letter of recommendation
and recommended that council award the bid to Wilson Contractor Services for
$121,730.50. Council Member Finley made the motion to award the bid to Wilson
Contractor Services. Council Member Crim seconded the motion. Motion passes.
AYE 6 NAY 0 ABSTAIN 0
10. Consider/DlscusslAction on a Resolution setting Public Hearing dates for
the annexation of the area along both sides of Hwy 5 South of the current
city limits.
City Manager, Lee Lawrence explained the process for notices and informed
council of the new dates for public hearings. Mark Pierce spoke against being
annexed in to the City. Council Member Garen made the motion to reset the
hearing dates to May 23, 2006 and June 13, 2006. Council Member Finley
seconded the motion. Motion passes.
AYE 6 NAY 0 ABSTAIN 0
11. Consider/DiscusdAction on a Contract for Animal Control Services with
NTACA.
Kelly Payne with NTACA was present and answered questions from council
members. Council Member Finley made the motion to go with the per hour
contract subject to review by legal council. Motion fails for lack of a second.
Council Member Deragon made the motion to approve the per hour contract with
the change in euthanasia of animals being for 7days and not 3 days and subject
to legal council approval. Council Member Finley seconded the motion. Motion
passes.
AYE 6 NAY 0 ABSTAIN 0
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12. Consider/Discuss/Action on Voting for Directors of North Collin Water
Supply Corporation.
City Manager, Lee Lawrence explained that as a member of the North Collin
WSC the City of Anna has voting rights for the Board of Directors. Council
Member Finley nominated David Dorman. Council Member Crim nominated Tim
Thompson. Council Member Garen seconded the nomination. Council was
polled.
Council Members Lynn Mosier, Billy Deragon, David Crim and John Garen voted
for Tim Thompson. Council Member J.W. Finley and Mayor Kenneth Pelham
voted for David Dorman. Vote will be cast for Tim Thompson for the Board of
Directors.
13. Consider/Discuss/Action approving the Contract for Early Warning Sirens
with American Signal Corporation.
City Manager, Lee Lawrence went over the suggested locations for the early
warning sirens and answered questions from council members. Council Member
Finley made the motion to approve the changes as presented by city manager,
Lee Lawrence according to the map. Small siren to be moved from the fire
station to ID 2 (East Fork) and moving ID 2 to the comer of FM 455 and Hwy 75.
Council Member Garen seconds the motion. Motion passes.
AYE 4 NAY 2 (Council Members ABSTAIN 0
Mosier and Crim)
Council Member Deragon made the motion to go to executive session at 7:47
p.m. Council Member Crim seconds the motion. Motion passes.
AYE 6 NAY 0 ABSTAIN
14. 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 Chapter 551 of the Government Code. (Government
Code, Chapter 551.071).
c. Personnel: To deliberate regarding Position: Public Works
Administrative Assistant of the City of Anna, Texas. (Government
Code, Section 051.074)
d. The council reserves the right to return to executive session
throughout this meeting.
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Council Member Finley made the motion to go to open session at 9:09 p.m.
Council Member Crim seconds the motion. Motion passes.
AYE 6 NAY 0 ABSTAIN 0
15. Consider and act upon items listed under Item 14 Executive Session, as
necessary.
Council Member Garen made the motion to take no action. Council Member
Finley seconds the motion. Motion passes.
Aye 6 NAY 0 ABSTAIN 0
16. Consider/Discuss/Action on the Position: Public Works Administrative
Assistant of the City of Anna.
Council Member Garen made the motion to take no action. Council Member
Finley seconds the motion. Motion passes.
AYE 6 MAY 0 ABSTAIN 0
17. Public Hearing:
For Council to hear public comments regarding the removal of a
Dangerous Building located at 903 Riggins St N. (Strother, Lot 9).
Mayor Pelham opened the public hearing at 9:19 p.m. Council Member Deragon
excused himself. Mary Former of 907 Riggin St. was present and spoke of her
hardships since taking ownership of the property at 903 Riggin St. N. and
asked for an extension on getting the property cleaned up and removing the
structure. Mayor Pelham dosed the public hearing at 9:22 p.m.
1S. ConsidedDiscuss/ACtion on Finding the Structure at 903 Riggin St N
(Strother, Lot 9) to be a Dangerous Building according to the standards in
Ordinance 240-2005 Property Maintenance Code 2003 and order that the
building be vacated, secured, repaired, removed or demolished by the
owner within a reasonable time as provided by this code.
Lee Swain, Code Enforcement officer was present and explained the condition of
the building and answered questions from council members. Council Member
Mosier made the motion to table this Rem and try working with the property
owner. Motion dies for lack of a second. Council Member Garen made the
motion to find R a dangerous structure and have R demolished in accordance to
the ordinance after having legal counsel make sure that the proper action has
been taken. Council Member Crim seconds the motion. Motion passes.
AYE 3 NAY 2(Council Members ABSTAIN 0
Mosier and Finley)
19. Consider/DiscussfAction on Twenty-four (24) hour water well drilling
activities in light of noise and alleged nuisance complaints and the need for
expedited drilling for water well purposes.
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City Manager, Lee Lawrence brought council up to date from a late afternoon
status report from the driller. Resident Tim Overby spoke in opposition to the
noise coming from the drilling for the water well and that the city is violating it's
own ordinances, Resident Dully Wortharn spoke in opposition to the location of
the water well and the noise. Council Member Garen made the motion to take no
action on this item. Motion failed for lack of a second. Council Member Crim
made the motion to proceed with the drilling. Council Member Finley seconded
the motion. Motion passes.
AYE 5 NAY 1 (Council Member Mosier) ABSTAIN 0
20. Consider/Discuss/Action on Revision of Northpointe Facilities Agreement.
City Manager, Lee Lawrence asked that this item be tabled the information
needed to complete the agreement has not been completed. Council Member
Garen made the motion to table the item. Council Member Crim seconded the
motion. Motion passes.
AYE 6 NAY 0 ABSTAIN 0
21. Discussion of Facilities Agreement for the following properties:
Primrose Partners ("Collins"); Anna Town Center No.1/ Burgert; Anna
Town Cerner No.2/ Bartoo; Anna Town Center No.3/ Warren; Anna Town
Center No.4/ Sharp; Anna Town Center No.51 Hayslett; Anna Town Center
No.61 Leonard 40 PGE ("Skorburg").
City Manager, Lee Lawrence went over the back ground of the Deal Point Outline
for Infrastructure Construction and Funding Agreement for development. Ryan
Betz and Nathan Thompson were present and presented a short review of the
development and agreement. Ryan Betz and Nathan Thompson answered
questions from council members. City Attorney, Clark McCoy wanted council to
understand that this agreement was putting the City in the lending business,
funding development which is something the City has not cion in the past out
side the realm of impact fees. The issue being discussed is for roadways and not
water and sewer because the City has impact fees for these according to City
Manager, Lee Lawrence. Nathan Thompson asked for direction from Council
after having been before council a couple of times to discuss this agreement.
Councils direction was to proceed and get Attorney General opinion's and to
figure out how to finance the roads either through 380 financing or doing a road
impact fee study and implementing those fees.
22. Consider/Discuse/Action on a Contract to Purchase Windmill Park.
Council Member Finley made a motion to authorize staff to proceed with
financing and purchasing this property. Council Member Deragon seconded the
motion. Motion failed with a three (3) to three (3) tie.
AYE 3 (Council Members Deragon, Finley and Mayor Pelham)
NAY 3 (Council Members Mosier, Crim and Garen)
ABSTAIN 0
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Council Member Finley made the motion to table this Rem and bring it back to the
next meeting. Council Member Deragon seconded the motion. Motion failed.
AYE 2 (Council Members Deragon and Finley
NAY 4 (Council Members Mosier, Crim and Geren; Mayor Pelham)
ABSTAIN 0
Council Member Crim made the motion to not purchase the property at this time.
Council Member Mosier seconded the motion. Motion failed with a tie vote.
AYE 2(Council Members Mosier, Crim and Geren)
MAY 3 (Council Members Deragon, Finley and Mayor Pelham)
ABSTAIN 0
Council Member Garen made the motion to table the Rem at this time and
authorize the City Manager to discuss with the broker in this deal some of the
issues that council has with this agreement and discuss with counsel and
property owner until next meeting. Council Member Crim seconded the motion.
Motion passes.
AYE 4 (Council Members Mosier, Crim, Geren and Mayor Pelham)
NAY 2 (Council Members Deragon and Finley)
ABSTAIN 0
23. Consider/Discuss/Action regarding Throckmorton Creek Regional Sewer,
including financing of project
City Manager, Lee Lawrence asked Council to table this Rem until next week
because of the lateness (11:00 p.m.) and the importance of the need for
approximately an hour needed to discuss this Rem properly. Council Member
Crim made the motion to table this Rem to next Tuesday night. Council Member
Finley seconded the motion. Motion passes.
AYE 6 NAY 0 ABSTAIN
24. Staff report(*):
a. Capitol Improvements Programs
City Manager, Lee Lawrence gave handouts to council members of capitol
improvement items that will need to be addressed in the next twenty-four (24)
months and discussing how to finance these programs.
25. Consider/DiscussfAction on suggestions for future agenda items as
desired by city council member and staff.
Council Member Mosier. Railroad right-of-way the grass needs to be cut where
they park. Intersection of Interurban and 2" street there's a hole that has
dropped about 2'.
Council Member Geren: Crime Watch sign is down and John knows where R is
located and he will have the resident return it to public works to be put back up.
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On a future agenda he would like to see different Utility Billing software's
explored and being able to pay utility bills on line.
26. CONSENT ITEMS:
These items consist of noncontroversial 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 hems.
FINANCIAL REPORTS
1. Payment of bills as presented on March 24, 2006.
Council Member Finley made the motion to approve the consent items. Council
Member Deragon seconded the motion. Motion passes.
AYE 6 NAY 0 ABSTAIN 0
27. Adjourn.
Council Member Mosier made the motion to adjourn at 10:59 p.m. Council
Member Crim seconded the motion. Motion passes.
AYE 6 MAY 0 ABSTAIN 0
ATTEST: APPROVED:
N a Wilkison, City Secretary ayor, Kenneth Pelham
OFA�9;:
* : *BE
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