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HomeMy WebLinkAboutCCmin2006-05-23CITY OF ANNA NOTICE OF RECEPTION TO HONOR FORMER COUNCIL MEMBERS May 23, 2006 6:30 PM Community Room, Texas Star Bank The City Council of the City of Anna held a reception to Honor Former City Members at 6:30 p.m., Tuesday, May 23, 2006 at the Community Room, Texas Star Bank, located at 402 W. White Street (FM 466). Mayor Kenneth Pelham welcomed everyone and presented certificates of appreciation to former Council Members Lisa Copeland, Ron Ferguson, Buddy Hayes and J. W. Finley. MINUTES OF CITY OF ANNA REGULAR CITY COUNCIL MEETING May 23, 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 23, 2006, at the Community Room, Texas Star Bank, located at 402 W. White Street (FM 466), to consider the following items. t. 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, Kevin Anderson, Keith Green, John Geren, David Crim and Billy Deragon were present. 3. Pledge of Allegiance. 4. Citizen comments. Johnny McBride wanted to know why we were under water restrictions. Sam Geer with Westminister VFD wanted to thank everyone for their response and help after the tornado of May 9, 2006 hit their community. 6. ConslderrDiscusslActlon Proclamation of the City of Anna Commending the Efforts of the Anna Police Department and the Anna Volunteer Fire Department for Efforts in Response to the Anna Area Tornado of May 9, 2006. City Council Minutes 5.23-06 1 05-2308 Mayor Kenneth Pelham read the proclamation commending the police and Anna VFD for their response to the Anna area tomado on May 9, 2006. S. ConsiderlDiscusslAction on the Anna VFD presentation of reports. Fire Chief handed out reports to council and answered questions from council members. 7. ConsiderlDiscuseAction on a presentation from Meals on Wheels. Mayor Kenneth Pelham stated this item would be rescheduled to the next meeting. 8. Public Hearing (2nd): 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 Granderson Stark Survey located on the North side of CR 421, approximate 1760' east of the DART rail lire. Mayor Pelham opened the public hearing at 7:20 p.m. No comments. Mayor Pelham closed the public hearing at 7:21 p.m. 9. Public clearing: (In To consider public comment on the annexation of property along both sides of S. Powell Parkway from the existing city limits southward to CR 421 and CR 367. Mayor Pelham opened the public hearing at 7:21 p.m. No Comments. Mayor Pelham closed the public hearing at 7:22 p.m. 10. Public Hearing: To hear public comments regarding the removal of a Dangerous Building located at 415 White SL (A0559 Morrison, Guinn, Block 2, Tract 67, 0.73 acres). Mayor Pelham opened the public hearing at 8:53 p.m. There was no public comment. Mayor Pelham closed the public hearing at 8:54 p.m. 11. Consider/Discuss/Action on Finding the Structure at 415 White Street (G. Morrison Survey, A-0569, Block 2, Tract 67, 0.73 acres) 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 presented the case for removal of the dangerous building. Mr. Swain also answered questions from council members. Council Member Garen made the motion to find the structure a dangerous building and demolish the building by order of City Council. Council Member Crim seconded the motion. Motion passes. City Council Minutes 323-06 2 05-23-06 AYE 7 NAY 0 ABSTAIN 12. Consider/Discuss/Action on a Resolution setting Public Hearing dates for the annexation of a 65.543 acre tract in the J. C. Brantley Survey, Abstract No. 114, property being located adjacent to the DART rail line, CR 376, and CR 427. City Manager, Lee Lawrence showed council members were the property was located and answered questions. Council member Garen made the motion to pass the resolution setting the dates for public hearing. Council Member Deragon seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 13. Consider/Discuss/Actlon on a Resolution for the Interlocal Agreement between Anna, Melissa and Collin County ratifying the route of the Outer Loop between US 75 and SH 121. City Manager, Lee Lawrence summarized the previous action taken by council and answered questions from council members. Council Member Deragon made the motion to approve the resolution. Council Member Garen seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 14. Consider/Discuss/Action on a Ordinance Denying ATMOS Energy Corp., Mid -Tex Division's Request for a 2005 Interim Rate Adjustment Council Member Garen made the motion to deny the ATMOS Energy Corp. request for a 2005 Interim Rate Adjustment. Council Member Anderson seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 15. Consider/Discuss/Action on a Ordinance by the City Council of the City of Anna, Texas, authorizing the execution and delivery of an "Amended and Restated Contract for Water Supply and Sewer Service" with the Greater Texoma Utility Authority and resolving other matters incident and related to the execution and delivery of such contract including specifying the term, consideration, and obligations of the parties to such Contract, resolving provisions Incident and related to the subject and purpose of this ordinance. Jerry Chapman with GTUA was present and described what the ordinance was about. Mr. Chapman also answered questions from council members. Council Member Crim made the motion to approve the ordinance. Council Member Green seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 0 City Council Minutes 52348 3 05-23.06 16. Consider/Discuss/Action on an Ordinance by the City Council of the City of Anna, Texas, relating to a master agreement proposed to be entered by the Greater Texoma Utility Authority with the Texas Water Development Board, approving such proposal and master agreement, and the facilities to be constructed or acquired by such Authority. Jerry Chapman with GTUA briefly described what the ordinance was about. Mr. Chapman answered questions from council members. Council Member Deragon made the motion to approve the ordinance. Council Member Garen seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 0 17.Conslder/Discuse/Action on an Ordinance for the regulation of Afar Systems In the City of Anna, Texas. Police Chief Kenny Jenks was present and briefed council on the need for this ordinance and answered questions from council members. Council Member Garen made the motion to approve the ordinance regulating alar systems. Council Member Green seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 18. Discuss CodeRED Warning System, including process for determining qualifications for Inclusion in the system. City Manager, Lee Lawrence explained the requests that the city has been receiving from persons outside the city limits, since the May 9, 2006 tomado, to be included in the city's CodeRED Warning System. Police Chief Jenks stated that it does not Cost anything to put the phone numbers into the CodeRED system, minutes are only used when a call goes out and the system allows the city to be specific as to the areas that are notified. City Manager, Lee Lawrence recommended following the Anna ISD boundary and not by zip code. Staff was directed to bring this item back in two weeks for a vote. 19. Consider/Discuss/Action on US76 Pass-Thru Financing Option. Commissioner Joe Jaynes will make a presentation to council. Commissioner Joe Jaynes was present and updated council on the status of the US75 Pass-Thru Financing Option and answered questions from council members. 20. Discussion regarding the Open Meetings act and Ethics Code. City Attorney, Clark McCoy briefed council on the Ethics Code that members will need to become familiar with and let members know they will need to attend Open Meetings and Public Information Act training to meet State requirements. Staff was directed to co-ordinate training with a retreat for council and board members. Council Member Geren made the motion to go into executive session at 8:15 p.m. Council Member Crim seconded the motion. Motion passes. City Council Minutes &2306 4 e5-2306 AYE 7 NAY 0 ABSTAIN 0 21. 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 8:49 p.m. Council Member Crim seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 0 22. Consider and act upon items listed under item 21 Executive Session, as necessary. Council Member Garen made the motion to take no action. Council Member Deragon seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 0 23. ConsidedDiscuss/Action on the Agreement to purchase a portion of South Grayson WSC, City Manager, Lee Lawrence briefed council that staff has been advised by legal counsel that we need to execute the agreement prior to approval of the saMransfer by TCEQ and answered questions from council members. Council Member Crim made the motion to approve the agreement to purchase a portion of the South Grayson WSC. Council Member Deragon seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 0 24. Consider/DiscusslActlon regarding Incentive and/or Longevity Pay. Council Member Deragon led the discussion on incentive pay for civilian staff. Council Member Deragon made the motion for staff to bring back to council proposals for longevity and incentive pay. Council Member Green seconded the motion. Motion passes. City council Minutes 523-06 5 0623-06 AYE 7 NAY 0 ABSTAIN 0 26. Consider/DiscuesfAction on Authorization to go out for bids on Smith St. City Manager, Lee Lawrence stated that Tim Morris, Consulting Engineer for the City is ready to advertise for bids for improvements to Smith St. Council Member Crim made the motion to authorize to advertise for bids. Council Member Green seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 0 26. ConsidedDiscuss/Action on electing the Mayor Pro Tem as directed in the City Charter. Council Member Green nominates Council David Crim. Council Mosier seconds the nomination and makes the motion to cease nominations. Motion passes. AYE 7 NAY 0 ABSTAIN 0 27. ConsidedDiscuss/Action on electing the Deputy Mayor Pro Tem as directed in the City Charter. Council member Garen nominates himself. Council Member Crim seconds the nomination. Motion passes. AYE 7 NAY 0 ABSTAIN 0 28. Consider/DlscuselAction on the letter of resignation from Molly Young from the Park Board, Place 7. Council Member Garen made the motion to accept the letter of resignation and thanked her for her service. Council Member Deragon seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 0 29. Consider/Discuss/Action on appointments to the Park Board. Council Member Geren made the motion to take no action. Council Member Mosier seconded the motion. Motion passes. AYE 6 NAY 1(MayorPelham) ABSTAIN 0 30. ConsiderfDlscuss/Actlon on a letter of resignation from Board of Adjustment and Planning and Zoning Commission from Keith Green. Council Member Garen made the motion to accept the letter of resignation. Council Member Deragon seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 0 City Council Minutes 5-23-06 6 DS -23-06 31. ConsiderlDiscuss/Action on appointments to the Planning and Zoning Commission. Council Member Geren made the motion to table this item. Council Member Crim seconded the motion. Motion passes. AYE 5 NAY 2 (Council members ABSTAIN Anderson and Deragon) 32. Consider/DlscusslAction on appointments to the Board of Adjustment. Council Member Geren made the motion to table this item. Council Member Crim seconded the motion. Motion passes. AYE 6 NAY 1(Council Member Deragon) ABSTAIN 0 33. Consider/Discuss/Action on a new police officer position. Police Chief Jenks was present and stated his facts for requesting another officer. Council Member Deragon made the motion to approve the new officer position. Council Member Anderson seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 34. Staff report(s): a. Council retreat City Manager, Lee Lawrence explained that the city has in the past done a retreat to discuss the state of the city with council and the various city boards and commissions. The suggestion to invite the school board to discuss items was made and to also do a Council only session in the evening. Mayor Pelham directed council members to check their calendars and to get back with staff 0 July 1, 2006 was a good date to meet. 35. ConsiderlDiscuss suggestions for future agenda iterns as desired by city council members and staff. Council Member Crim asked City Attorney, Clark McCoy to address the issue of individual's being able to outside services for hauling off extra trash in our trash ordinance. Council Member Deragon would like for the sex offender ordinance to be revisited. 36. 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 Items. City Council Minutes 5-23-W 7 05.23-e6 MINUTES 1. Minutes of P & Z meeting on May 2, 2006 2. EDC Minutes of May 4, 2006 3. City Council Minutes of May 9, 2006. FINANCIAL REPORTS 1. Payment of hills as presented on May 19, 2006. 2. Financials Council Member Geren made the motion to approve the consent items. Council Member Deragon seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 0 37. Adjourn. Council Member Mosier made the motion to adjourn at 9:31 p.m. Council Member Crim seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 0 ATTEST: APPROVED: City Council Minutes 5.23-06 8 062306