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HomeMy WebLinkAboutCCmin2006-08-22MINUTES OF CITY OF ANNA REGULAR CITY COUNCIL MEETING AGENDA August 22, 2006 7:0013M Community Room, Texas Star Bank The City Council of the City of Anna met in Regular Session at 7:00 P.m., Tuesday, August 22, 2006, at the Community Room, Tetras Star Bank located at 402 W. White St, (FM 455), to consider the following items. 1. Call to Order. Mayor Pro Tem, David Crim called the meeting to order at 7:00 p.m. 2. Roll Call and Establishment of Quorum. Mayor Pro Tem David Crim and Council Members Kevin Anderson, Keith Green, John Garen, Billy Deragon were present. Mayor Kenneth Pelham was absent. Council Member Mosier arrived 7:11 p.m. 3. Pledge of Allegiance. 4 Citizen comments. None 6. Consider/Discuss/Action on Reports submitted by the Anna VFD. City Manager, Lee Lawrence stated that David Hunt had been out of town and Reports would not be ready to present to council until its next meeting. Council Member Deragon made the motion to table until the next meeting. Council Member Green seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 6. Public Hearing If') For Council to hear public comment on an annexation petition by Viola Lordsmeer, represented by Vincent Viola, for the following tract of land: (Mantua) City Manager, Lee Lawrence gave a brief history of the Mantua Project. Acting Mayor Crim opened the public hearing at TD4 p.m. No public comment. Acting Mayor Crim closed the public hearing at 7:05 p.m. 7. Consider/Discuss/Acdon on an Annexation Ordinance for Mr. M. T. Akhavizadeh, owner of the SHG Land Investments of Anna Five, Ltd, regarding annexation of the following tract A 57.46 acre tract of land being part of a 66.543 in the J. C. Brantley Survey, Abstract 114, located on the 08-22-06 Cowdl MlnutesAx 1 08-22-06 east side of Hwy 5 north, south side of County Road 376 and west of County Road 427. City Manager, Lee Lawrence explained the location of the property. Jeff Cranill with Cranill Engineering was present and answered questions from council members. Council Member Garen made the motion to approve the annexation ordinance for the 57.46 acre. Council Member Green seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 6. Public Hearing: To consider public comments on a request by Mr. M. T. Akhavizadeh (Ted Zadsh) of SHG Land Investments of Anna Five, Ltd, representing Camden Parc for Planned Development District zoning including: Single Family Residential and Commercial uses, a 57.48 acre tract in the J. C. Brantley Survey, Abstract No. 114, located on the "at side of Hwy 5 north, south side of CR 376 and west of CR 427. Acting Mayor Crim opened the public hearing at 7:09 p.m. Jeff Cranill with Cranill Engineering spoke in favor of the PD District zoning and answered questions from Council Members. Acting Mayor Crim dosed the pubfic hearing at 7:11 p.m. 8. ConsidedDiscuse/Action on recommendation from Planning and Zoning Commission regarding request by Mr. M. T. Akhavizadsh (Ted Zadeh) of SHG Land Investments of Anna Five, Ltd, representing Camden Parc for Planned Development District zoning including: Single Family Residential and Commercial uses, a 57.48 acre tract in the J. C. Brantley Survey, Abstract No. 114, located on the east side of Hwy 5 north, south side of CR 376 and west of CR 427. City Manager, Lee Lawrence explained the zoning requests of Cranill Engineering. They are seeking residential zoning at the SF72 with 5 foot side yard set backs and the planning and zoning commission recommending commercial at C1. Council Member Green made the motion to approve the PD District zoning. Council Member Anderson seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 10. Consider/DiscussfAction on recommendations from Planning and Zoning Commission regarding the Preliminary Plat for Camden Parc Addition. City Manager, Lee Lawrence stated that the recommendations from the city's consulting planner and engineer and planning and zoning commission have been complied with and staff recommends approval of the preliminary plat. Jeff Cranill answered questions from council members. Council Member Green made the motion to approve the preliminary plat. Council Member Deragon seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 08-22-06 Council MinutnAm 2 00-22-06 11. Consider/Discuss/Action on amending Ordinance No, 262-2006, Section 4 (e) (Rear Entry Lots), Lot Width. (Anna Ranch) City Manager, Lee Lawrence stated that this item is back at the request of a council member. Council Member Garen made the motion to approve the Ordinance amending ordinance 262-2006. Council Member Green seconded the motion. Council Member Goren amended his motion to include front entry depths to be a minimum of 10 foot set back. Council Green seconded the amended motion. Motion passes. AYE 6 NAY 0 ABSTAIN 12. ConsiderlDiscuss/Action on recommendations regarding a Concept Plan for Anna Ranch. City Manager, Lee Lawrence stated that the thoroughfare plan had been worked out with the developer and staff recommended approval of the concept plan. Council Member Green made the motion to approve the concept plan. Council Member Garen seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN Council Member Deragon made the motion to go into dosed session at 7:25 p.m. Council Member Goren seconded the motion. Motion passes AYE 6 NAY 0 ABSTAIN 13. CLOSED SESSION: Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to: a. discuss or deliberate the purchase, exchange, lease, or value of real property (Tax. Gov't Code §551.072); b. 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. (Tex. Gov't Code §551.071). c. Personnel: To deliberate regarding Position: Performance Evaluation of the City Secretary of the City of Anna. Texas. (Government Code, Section 651.074) The council reserves the right to enter into executive session at any time throughout this meeting under any applicable exception to the Open Meetings Act. Council Member Goren made the motion to return to open session at 6:21 p.m. Council Member Mosier seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 08.22-06 Council Minutes.doc 3 08-22-06 Back at 8:27 p.m. after a recess. 14. ConsidedDiscussfAction on awarding the bid for RosamondfSmith Street road work project City Manager, Lee Lawrence, answered questions from council members, went over the bids and talked about the bids coming in higher than expected and proposed how to fund the project. Council Member Green made the motion to approve awarding the low bid of $827,935.70 to Quality Excavation, Ltd. Council Member Garen seconded the motion. Motion passes. AYE 6 MAY 0 ABSTAIN 15. Consider/Dlscuse/Action awarding the bid for the Elementary N2 Lift Station project City Manager, Lee Lawrence went over the bids and recommended that council accept the low bid from Bill Hazelwood and answered questions from council members. Council Member Green made the motion to approve the low bid from Bill Hazelwood of $93,466.07. Council Member Deragon seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 16. Consider/Discuss/Action on authorizing city manager to execute contract with Atmos Energy for extension of natural gas line along West White Street (FM 455) from West Crossing Blvd. to west side of Central Expressway (US 75) and along CR 367 horn West White Street to Anna Elementary School #2. City Manager, Lee Lawrence reviewed the location of the gas line and the reimbursement that ATMOS would contract with the City for all non-residential use of gas. Mr. Lawrence answered questions from council members. Council Member Garen made the motion to authorize the City Manager to execute the contract with ATMOS. Council Member Anderson seconded the motion. City Attorney suggested the motion include that the contract approval be subject to the approval of the City Attorney also. Motion passes. AYE 6 NAY 0 ABSTAIN 17. Conslder/DiscuaWAction regarding authorizing advertisement for bids for construction of natural gas line along West White Street (FM 466) from West Crossing Blvd. to west side of Central Expressway (US 75) and along CR 367 from West While Street to Anna Elementary School #2. City Manager, Lee Lawrence asked council to authorize staff to advertise for bids for the gas line. Council Member Anderson made the motion to authorize staff to advertise for bids. Council Member Green seconded the motion. City Attorney, Clark McCoy advised council that they could legally approve to advertise for bids before contract is awarded. Motion passes. 06-22-06 Cwmil Minu[es.dm 4 e8-22-06 AYE 6 NAY 0 ABSTAIN 18. Consider/Discuss/Action on an Ordinance regarding Solicitation Regulations. City Attorney, Clark McCoy stated that there is one change to the ordinance before them it pertains to the permit technician for the city taking the applications and then the police department will do the background checks and issue the card. Council Member Deragon made the motion to approve: the ordinance. Council Member Garen seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 19. Consider/Discuss/Action on an Amendment to Ordinance 276.2006 an ordinance Making It Unlawful for Certain Sex Offenders to Loiter within 1,000 feet of premises where children gather. City Attorney, Clark McCoy stated this ordinance was correcting an error and putting it in a form that was discussed by council. Council Member Crim made the motion to approve the ordinance. Council Member Deragon seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 20. Discussion regarding Budget for Fiscal Year 2006-2007. City Manager, Lee Lawrence led the discussion presenting a revised proposed budget from suggestions from the previous meetings discussion of the budget. Staff answered questions from council members on various Rema on the budget. Mayor Pro Tem Crim suggested council look at a tax freeze for the seniors. 21. Consider/Discuss/Action on a proposed tax rate. City Manager, Lee Lawrence explained the current tax rate of .525 and the options to council for setting the proposed tax rate for fiscal year 2006-2007. Council Member Deragon made the motion to set the proposed tax rate at 0.525. Council Member Anderson seconded the motion. Motion passed. AYE 6 NAY 0 ABSTAIN 22. Consider/Dlscuss/Action on appointing a committee to work on the City Hall project City Manager, Lee Lawrence explained the purpose of this committee and suggestions for some of the people that need to be on the committee. Council Member Goren suggested someone from the Technology Commission and someone having to do with the aesthetics. City Attorney, Clark McCoy stated that the committee needed to be designated as an advisory committee only. Council Member Garen made the motion to form an advisory committee comprised of Mayor, Council Member Green and 3 citizens try Chapman, Clay Ginn and Mr. Finley. Council Member Deragon seconded the motion. Motion passes. 0E-22-09 Caunc l Minutes.dm 5 08-22-M AYE 6 NAY 0 ABSTAIN 0 23. Consider/DiscussfAction on appointing Council Member, Keith Green as council liaison to Planning and Zoning Commission. Council Member Geren made the motion to appoint Council Member Keith Green as the liaison to Planning and Zoning Commission. Council Member Anderson seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 20. Consider/Discuss/Action on an appointment to Planning and Zoning Commission, Place 1. City Manager, Lee Lawrence stated that council members had expressed interest in having potential members make a short presentation or be able to ask questions of the applicants. Applicant Rachel Lyon and David Culler were present and answered questions from council members. Council Member Green made the motion to nominate David Cullar. Council Member Deragon seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 25. ConsiderlDiscuss/Action on an appointment to the Sign Board, Alternate Place 1. City Manager, Lee Lawrence asked that council not take action on this position at this time. The city does not have an official resignation from the member at this time. Council Member Garen made the motion to table this item at this time. Council Member Anderson seconded the motion. Motion passes. AYE 5 NAY 1 (Council Member Deragon) ABSTAIN 0 26. Consider/Discuss/Action on an appointment to Board of Adjustment, Place 5. Council Member Garen made the motion to table this item at this time. Council Member Anderson seconded the motion. Motion passes. AYE 5 NAY 1 (Council Member Deragon) ABSTAIN 0 27. Staff report(s): a. Appointment to Board of Directors of GTUA— Begin January 1, 2007. Lee Lawrence, City Manager explained that this item will be on one of the agendas for September in order for the person to attend a couple of meetings of the GTUA to gain some insight into what is going on before they start in January on the Board of Directors. W22-06 Coundl Minutes.doc 8 08-22-08 28. Future Agenda Items: (Items for which requests have been made but refused by the City Manager). Mayor Pro Tem Crim made a request for a future agenda item for a freeze on taxes for seniors. 29. 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. MINUTES 1. Minutes of the Special City Council Meeting July 31, 2006. 2. Minutes of the Park Board Meeting July 24, 2006. 3. Minutes of the City Council Meeting August 8, 2006. 4. Minutes of the Planning and Zoning Commission August 1, 2006. S. Minutes of the EDC Meeting August 3, 2006 6. Minutes of the Technology Advisory Commission August 3, 2006. FINANCIAL REPORTS 1. Payment of bills as presented on August 18, 2006. 2. Financials Council Member Geren made the motion to approve the consent Nems. Council Member Green seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 30. Adjourn. Council Member Anderson made the motion to adjourn at 10:23 p.m. Council Member Geren seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN ATTEST: N a Wilkison, City Secretary D&22 -De Cmnal Minutm.dw APPROVED: Mayor Pro T m, David Crim 09-22-06