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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 04-11-06 City Cwndl Minutes.dm 1 04-11-06 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 04-11-06 City Council Minutes.dx 2 00-11-06 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. 0411-118 City Council Minutes.doc 3 0411-08 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. 04-11-06 C4 Council lAinutes.dec 4 04-11-05 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 04-11-06 City Council Minutes.doc 5 0411-08 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. 04-11-06 City Council Mmdes.dw 6 04-11-06 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 04-11-06 City Council Minutes.dm 7 04-11-06