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Home My WebLink AboutCCmin2006-05-09MINUTES OF CITY OF ANNA REGULAR CITY COUNCIL MEETING May 9, 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, May 9, 2006, at the Community Room, Texas Star Bank, located at 402 W. Whits 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 Lynn Mosier, Billy Deragon, David Crim, J. W. Finley and John Garen were present. 3. Pledge of Allegiance. 4. Citizen comments. Rusty Nail - 1613 Grandbury Dr, Melissa, TX. — Director of Plano Bicycle Association, etc. Mr. Nail's comments were about Anna's bike ban and to ask Anna to remove the bike ban. 5. Public Hearing (1'r): To consider public comment on a request by Mr. Frank Allen regarding annexation of the following tract: A 10.150 acre tract of land in the Grenderson Stark Survey located on the North side of CR 421, approximate 1750' east of the DART rail line. Mayor Pelham opened the public hearing at 7:03 p.m. No public comments. Mayor Pelham closed the public hearing at 7:04 p.m. 6. Public Hearing: To consider public comment on a request by Mr. Alexander Hamilton for a zoning change from C-2 General Commercial District to MF 1 Multiple Family Residential for property in the Grandison Stark Survey, Abstract 798 (located in the 900 block of south Interurban directly south of the duplexes). Mayor Pelham opened the public hearing at 7:04 p.m. Mr. Alexander Hamilton was present and spoke to council for the zoning change. Mayor Pelham closed the public hearing at 7:05 p.m. City Council Mirmtw 5-9-06.dDc 1 05-09-06 7. Consider/Discuss/Action on an Ordinance changing zoning on a tract of land owned by Mr. Alexander Hamilton in the Grandison Stark Survey, Abstract 798, from General Commercial (C-2) to Multifamily (MF -1) Residential Zoning, a 120 feet deep by 129 feet wide tract of land, located in the 900 block of South Interurban, on the west side of Interurban Street City Manager, Lee Lawrence clarified that 5 units were to be built by Mr. Hamilton and made sure that council understood the location of the property and the uses surrounding the area. Council Member Mosier made the motion to approve the re -zoning. Council Member Finley seconded the motion. Motion fails. AYE 3 (Council Members Mosier, Finley and Mayor Pelham) NAY 3 (Council Members Deragon, Crim and Geren) ABSTAIN 0 8. Consider/DiscussfAction on a Resolution approving the License Agreement for construction, installation, maintenance and operation of one 12 -inch water line crossing the Sherman Subdivision Line at County Road 376, Mile Post 309.40, Anna, Texas. City Manager, Lee Lawrence explained that DART required a resolution from council approving the license agreement. Council Member Finley made the motion to approve the resolution. Council Member Garen seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 9. Con8iderlDiscuseACtan on a Resolution approving the License Agreement for construction, Installation, maintenance and operation of one 8 -Inch sanitary sewer line crossing the Sherman Subdivision Line northeastward from County Road 376, Mile Post 309.41, Anna, Texas. City Manager, Lee Lawrence explained this was the same as the previous item. Council Member Finley made the motion to approve the resolution. Council Member Garen seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 10. ConsiderfDiscusslAction on a Resolution Opposing any School Finance or Tax System Reforms that would Negatively Affect City Revenue and Economic Development Efforts. City Manager, Lee Lawrence explained that the current legislature was considering reforms that would lower city revenue. Council Member Finley made the motion to approve the resolution. Council Member Deragon seconded the motion. Motion passes. AYE 5 NAY (Council Member Crim) ABSTAIN 0 City Council Minutes 5-e-06.dcc 2 0609-06 N. Consider/Discuse/Action on approving the Contract for Early Warning Sirens. Council Member Geren made the motion to accept the contract for Early Warning Sirens. Council Member Finley seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 Council Member Garen made the motion to go into executive session at 7:23 p.m. Council Member Crim seconds the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 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, 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. The council reserves the right to return to executive session throughout this meeting. Council Member Deragon made the motion to go to open session at 7:55 p.m. Council Member Geren seconds the motion. Motion passes. AYE 6 MAY 0 ABSTAIN 0 Ten (10) minute break. Return at 8:05 p.m. 13. Consider and act upon items listed under Rem 12 Executive Session, as necessary. Council Member Finley made the motion to take no action. Council Member Crim seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 14. Consider/Discuss/Action of the Facilities Agreement for the following properties: Primrose Partners City Manager, Lee Lawrence stated that the developer and staff had been working on the agreement and he believed that it was ready for council to recommend approval subject to the city attorney's final approval of the language. City Council Mnutes 59-06.doc 3 05-08-06 Council Member Deragon made the motion to approve the agreement. Council Member Crim seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 15. Consider/Discuss/Action regarding Throckmorton Creek Regional Sewer, Including financing of project City Manager, Lee Lawrence went over the changes that have been made to the agreement since it was last before Council and answered questions from council members. Council Member Crim made the motion to approve the agreement. Council Member Finley seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 IS. Consider/Discuss/Action on picking a date to Canvass the Votes of the May 13, 2006 General/Special Election. Council Member Crim made the motion to canvass the votes on May 16, 2006. Council Member Garen seconds the motion. Motion passes. AYE 6 NAY 0 A13STAIN 0 17. Consider/Discuss/Action on appointments to fill vacancies on the Anna Technology Commission. Council Member Goren made the motion to nominate Michael Crist and Jeff Caponera to the Technology commission. Council Member Finley seconded the motion. Clarify Michael Crist in Place 6 and Jeff Caponera in Place 7. Motion passes. AYE 6 NAY 0 ABSTAIN 0 18. ConsiderfDiscuss/Action on recommendations regarding Anna Historic District Zoning. City Manager, Lee Lawrence explained that this was a request from P & Z for council to approve the concept of historic zoning in the older part of Anna and that P & Z be given directions to work on a historic district zoning ordinance. Council Member Crim made the motion to send it back to P & Z to begin discussions and the layout and have workshops on before it's brought back to council. Council Member Goren seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 19. ConsiderlDiscuse/Action on a Distinguish Citaen Award. City Manager, Lee Lawrence suggested discussion on the process by which nominations are made to council. That council could appoint a committee of citizens to make recommendations to council. Council Member Geren made the motion to put an action item on the next agenda to put a committee together to City Council Minutes 5-9-06.doc 4 05.09.00 make recommendations to council. Council Member Deregon seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 20. Staff report's): a. ATMOS Energy Interim Rate Adjustment b. Appointment to Boards and Commissions (P & Z, Park, BOA) c. Location of Early Warning Sirens d. Honor former City Council Members Terry Tombaugh with ATMOS energy was present and explained the request being made for an interim rate adjustment and answered questions from council members. Mr. Tombaugh's recommendation was for council to either not take any action or to deny the action. Council needs to take action before May 30, 2006. City Manager, Lee Lawrence briefed council on the positions coming up on P & Z, BOA and Park Board. Assistant City Manager, Lee Lawrence briefed council on the locations for the three (3) new sirens. City Manager, Lee Lawrence pointed out the list of former city council members for review and briefed council of the time, place, eta for the reception. 21. Consider/Discuss suggestions for future agenda items as desired by city council members and staff. Council Member Mosier asked Public Works Director, James Packman to keep the RR r -o -w mowed for parking for the girl's softball games. Council Member Deragon stated we may need a contract for animals not covered under our animal control. Mayor Pelham asked that an agenda item be placed on the next agenda for a presentation from Meals on Wheels. Council Member Garen mentioned the house on Smith St. needed to be an agenda item for a dangerous structure. 22. 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. MINUTES 1. Park Board Report of April 17, 2008 2. City Council Minutes of April 11, 2006 3. City Council Minutes — Special of April 18, 2006. 4. Anna Technology Commission Minutes of April 24, 2006. 5. City Council Minutes of April 25, 2006. City Council Minutes 5.9-06.dDc 5 05-09-06 FINANCIAL REPORTS 1. Payment of bills as presented on May 5, 2006. Council Member Geren made a motion to approve the consent items. Council Member Finley seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 22. Adjourn. Council Member Crim made the motion to adjourn at 8:44 p.m. Council Member Geren seconded the motion. Motion passes. AYE 6 NAY I(Council Member Garen) ABSTAIN 0 ATTEST: APPROVED: City Council Minutes 5-406.duc 6 05-09-06