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HomeMy WebLinkAboutCCmin2006-09-26MINUTES OF CITY OF ANNA REGULAR CITY COUNCIL MEETING AGENDA September 26, 2006 7:0013M Community Room, Texas Star Bank The City Council of the City of Anna met in Regular Session at:07 0 P.m.. Tuesday, September 26, 2006, at the Community Room, Texas Star Bank, located at 402 W. White St. (FM 455), to consider the following items. 1. Call to Order. Mayor Kenneth Pelham called the meeting to order at 7:07 p.m. 2. Roll Call and Establishment of Quorum. Mayor Kenneth Pelham and Council Members Kevin Anderson, Keith Green, David Crim and Billy Deragon were present. Council Member Lynn Mosier arrived at 7:20 p.m. Council Member John Geren was absent. 3. Pledge of Allegiance. 4 Citizen comments. None 6. Consider/Discuss/Action regarding voting for nominations to the Texas Municipal League Intergovernmental Risk Pool Board of Trustees Election. City Manager, Lee Lawrence stated this item was tabled from the last meeting and that they could vote for all, one or none of the candidates. Mayor Pelham nominates Greg Ingham for Place 11. Vote: 5 Ayes, 0 Nays and 0 Abstains Council Member Anderson nominates Harold Dominguez for Place 12. Mayor Pelham nominates Frank Estrada for Place 12. Vote: 1 for Harold Dominguez, 3 for Frank Estrada and 1 abstained. Frank Estrada gets the vote for Place 12. Mayor Pelham nominates Byron Black for Place 13. Vote: 4 Ayes, 0 Nays and 1 Abstained. Council Member Deragon nominates Peter Vargas. Vote: 5 Ayes, 0 Nays and 0 Abstain, Council Minutes 09-26-06.doc 1 09-26-06 6. ConsiderlDiscussionlActlon regarding an Ordinance for a Tax Freeze for Persons over 65 (Senior) and/or Handicapped Persons. Mr. Joseph Finley, Jr. spoke in opposition of the Ordinance for a Tax Freeze. City Manager, Lee Lawrence spoke briefly mainly addressing that this is a permanent Tax Freeze, that it can not be reversed. Council Member Deragon made the motion to take not action. Council Member Green seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 7. Consider/Discuss/Action regarding an Ordinance for an Over 65 (Senior) Tax Exemption in the amount of $60,000.00. Mr. Joseph Finley, Jr. spoke in favor of the Ordinance for an Over 65 Senior Tax Exemption. City Manager, Lee Lawrence went over some numbers comparing the tax freeze to the tax exemption at various stages and answered questions from council members. Council Member Crim made the motion to take not action. Council Member Green seconded the motion. Council members discussed the issue more asking if the exemption amount could be lowered. Council Member Crim amended the motion stating to take no action for at least 3 more months. Council Member Green seconded the amended motion. Motion passes. Council Member Mosier arrived during the discussion of this dem. AYE 5 NAY 1 (Council Member Anderson) ABSTAIN 0 8. ConsiderlDlscueslAction regarding renewal of the NTACA (North Texas Animal Control Authority) contract Kerry Payne with the NTACA was present and presented the contracts for services and gave a summary of the services that have been provided to Anna residents for the past 5 months. Mr. Payne answered questions from council members. Mr. Joseph Finley, Jr. spoke briefly on seeing County Animal Control Trucks in Anna. City Manager, Lee Lawrence recommended staying with NTACA contract with the exception that the animals be taken to the county shelter now instead of NTACKs shelter. Council Member Deragon made the motion to approve the hourly contract subject to the verbiage suggested by the City Attorney, Clark McCoy. Council Member Green seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 9. Consider/Discuss/Action upon all matters incident and related to an Ordinance by the City Council of the City of Anna, Texas, relating to bonds proposed to be issued and delivered by the Greater Texoma Utility Authority, approving the issuance thereof, and the facilities to be constructed or acquired by such Authority. Jerry Chapman with GTUA was present and talked to council about the ordinance relating to bonds proposed to be issued and delivered by GTUA, Coundl Minutes 09-26-06.doc 2 09-26-06 approving the issuance and the facilities to be constructed or acquired. Council Member Crim made the motion to approve. Council Green seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 10. Consider/DIscues7Actlon regarding an Ordinance closing rail crossing on First Street City Manager, Lee Lawrence summarized the issues on this item that first began about 2 years ago as part of a agreement with DART to open a crossing at Rosamond Pkwy and close the First Street railroad crossing. Mr. Lawrence answered questions from council members. Council Member Crim made the motion to table to get more information. Council Member Green seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN Council Member Deragon made the motion to go into closed session at 7:56 p.m. Council Member Crim seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 11. 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 (Tex. 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 561 of the Government Code. (Tex. Gov't Code §551.071). 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 Green made the motion to return to open session at 8:33 p.m. Council Member Deragon seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN Recess — returned at 8:40 p.m. Council Minutia 0&2&06.doc 3 09-26-06 12. ConsiderlDlscuss/Action regarding awarding the contract for the DesigrdBulld Firm for the City Hall Annex. City Manger, Lee Lawrence reviewed the responses for three proposals received for the design/build request for the city hall annex and answered questions from council members. Council Member Com made the motion to approve RAMTECH for the DesigniBuiid of the City Hall Annex Bldg. Council Member Green seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 13. Consider/Discuss/Action adoption of resolution declaring a public necessity for the public welfare and convenience to acquire property as described below, authorizing the City Manager and his staff and Wolfe, Tidwell & McCoy, LLP, attorneys, to acquire the property by any lawful means Including but not limited to negotiations with landowners and, if necessary, proceedings in eminent domain; directing the City Manager and his staff and Wolfe, Tidwell & McCoy, LLP, attorneys, to have the property described below appraised by a certified appraiser, to make a final offer on the property and, If necessary, to institute proceedings in eminent domain. a. A 2.104 acre parcel located within a 250.12 acre tract owned by JNC Partners LLC in the D. W. W. Babb Survey, Abstract No. 0033, more particularly located at the southwest comer of said 250.12 acre tract and bounded on the west by the Dallas Area Rapid Transit rail line, on the south by a TXU regional electric transmission easement, and on the east by an Atmos Energy natural gas easement and line. b. A 30 feet wide utility and access easement located within a 250.12 acre tract owned by JNC Partners LLC In the D. W. W. Babb Survey, Abstract No. 0033, more particularly located along the west edge of said 250.12 acre tract and bounded on the west by the Dallas Area Rapid Transit rail line, on the south by the 2.104 acre parcel identified above, and on the north by the north edge of said 250.12 acre tract City Manager, Lee Lawrence explained the need for the take point, the equipment that will be located on the property, the utility and access easements, and the ability to pursue eminent domain proceedings if an agreement can not be reach with the property owners. Council Member Green made the motion to approve the resolution. Council Member Crim seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 14. Consider/DiscusslAction regarding First Amendment to Agreement to Purchase CCN Areas and Facilities from South Grayson Water Supply Corporation. City Manager, Lee Lawrence explained that this is the last step for getting TCEQ's approval for the Purchase of the CCN Area and Facilities from SGWSC. The First Amendment agreement covers the customers outside of Anna City Cwndl Minutes 0&26-06.doc 4 09-26-06 Limits and ETJ to be serviced by South Grayson. Council Member Green made the motion to approve. Council Member Anderson seconded the motion. Notion passes. AYE 6 NAY 0 ABSTAIN 0 15. Consider/Discuss/Act regarding Development Agreement between City of Anna and Underwood Property Management LLC/Brookshire Grocery Company. City Manager, Lee Lawrence summarized the development agreement and answered questions from council members. Council Member Crim made the motion to approve the agreement. Council Member Green seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 16. ConsiderlDiscuss/Action regarding Mayor and Council Members pay for meetings. Mayor Pelham voiced that he volunteered for the position and thought of it as his civic duty and was opposed to getting paid for meetings. Council Member Crim made the motion to table the item because the council member who wanted the item on the agenda was not present at this meeting. Motion failed for lack of a second. Council Member Deragon made a motion to deny. Council Member Anderson seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 17. Consider/Discuss/Action regarding resolution authorizing the City Secretary to pursue recovering unclaimed money funds. City Manager, Lee Lawrence explained the information we had received from the Comptroller's office regarding undaimed funds. Council Member Crim made the motion to approve the resolution. Council Member Anderson seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 18. Consider/Discuss/ACtion regarding amending the budget for Fiscal Year 2006-2006. City Manager, Lee Lawrence explained the need to dean up the line items showing significant differences and answered questions from council members. Council Member Green made the motion to approve amending the budget. Council Member Crim seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 Council Minutes 09-26-06.doc 5 09-26-06 19. Consider/Discuss/Action regarding approval of CDC Fiscal Year 2006-2007 Budget. City Manager, Lee Lawrence explained that CDC had met and approved the budget and council must also approve the budget. Council Member Deragon made the motion to approve the budget. Council Member Green seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 Brief break to determine where the smell of gas was coming from. Bade at 9:12 p.m. 20. Consider/Discuss/Action regarding amending resolution 2006-07.06 regarding procedures for placing items on the agenda. City Manager, Lee Lawrence lead the discussion for amending the wording for placing items on future agendas. City Attorney, Clark McCoy worked with council members to find the proper wording and procedure and caution council members about violating the Open Meetings Act. Council Member Deragon made the motion to approve the resolution. Council Member Com seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 21. Consider/Discuss/Action regarding removal of Jason Cottrill from position (Place 1) on the Anna Economic Development Corporation City Manager, Lee Lawrence explained that Mr. Cottrill has moved from the city and has not been attending the meetings. Council Member Crim made the motion to approve removing Jason Cottrill from the EDC Board. Council Member Anderson seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 22.Consider/Discuss/Action regarding filling a vacancy (Place 1) on the Anna Economic Development Corporation. Jeff Tate was present and spoke to council of his desire to serve on the EDC Board. Council Member Decagon nominated Jeff Tate. Council Member Crim seconded the motion. Council Member Anderson nominated Kristine Hess. Vote taken: Jeff Tate received 5 votes and Kristine Hess received 1 vote. Jeff Tate was appointed to Place 1 on the EDC Board. 23. Consider/Discuss/Acdon regarding Invitation to visit Shenzhen and Guangdong area of China. City Manager, Lee Lawrence explained that an invitation to visit China to explore the possibility of developing business interest in the area. The interest in a Trade Center in the area has been expressed. The Chinese will pay for hotel, meals, etc Council Minutes 09-26-06.doc 6 09-26-06 once in China. The request before council is to cover air fare. Mr. Lawrence answered questions from council members. Council Member Anderson made the motion to approve Mayor Pelham going to visit Shenzhen and Guangdong China. Council Member Green seconded the motion. Motion passes. AYE 4 NAY 1 (CM Mosier) ABSTAIN 1 (Mayor Pelham) 24. Consider/Discuss/Action regarding an amendment to the Code of Ethics regarding anddlscriminatlon. City Manager, Lee Lawrence stated that neither the Code of Ethics nor the City's Personnel Policy had policy for sexual harassment by council member, board or commission members and that this amendment takes care of this policy. City Attorney, Clark McCoy stated that the beat way to protect members of council, boards or commission is to have a policy. Council Member Deragon made the motion to approve the ordinance. Council Member Green seconded the motion. Motion passes. AYE 5 NAY 1 (CM Crim) ABSTAIN 25. Staff Reports: a. TCEQ Public Drinking Water Recognition Program b. Status of the temporary Anna City Hall C. Status of the gas line to Hwy 76 d. Smith SL/Rosamond Pkwy Status Report e. Slater Creek park Status Report f. GTUA Water Line Status Report g. Building Permits h. Recycling Program City Manager, Lee Lawrence briefed council on the status of the items. Mr. Lawrence stated the council would see an Interlocal Agreement between the Anna ISD and the City to the gas line and answered questions from council members. Mr. Lawrence let council know that a preconstruction meeting for Smith SURosamond Pkwy was scheduled for Wednesday morning; Slater Creek Park will be coming to council in the next 3 to 4 weeks to authorize going out for bids on grading of the parking lot, etc.; the GTUA Water Line status is visible, the pipe will be finished being installed shortly; building permits are down for the last 3 months; and a note to look at a recycling program for the City of Anna. 26. Consider/Discuss/Action on motions to piece item(s) on a future meeting agenda as provided under City of Anna Resolution 2006-07-05 Sec. 2.c. Mayor Pelham requested an ordinance for the discharging of firearms be researched and placed on the next agenda. Council Member Crim also wanted to see a firearms ordinance on the agenda. Council Minutes M26-06.doc 7 09-26-06 27. CONSENT ITEMS: These items consist of non -controversial or "housekeeping" items required by law. hams may be considered Individually by any Council member making such request prior to a motion and vote on the Consent Items. 1. Designation of Voting Representative to NCTCOG MINUTES 1. Minutes of the Park Board meeting August 21, 2006 2. Minutes of the P & Z meeting September 6, 2006 3. Minutes of the Special City Council Meeting September 6, 2006 4. Minutes of the Special City Council Meeting September 8, 2006 5. Minutes of the EDC Meeting September 7, 2006 6. Minutes of the CDC Meeting September 12, 2006 FINANCIAL REPORTS 1. Payment of bills as presented on September 22, 2006. 2. Financial Reports City Manager, Lee Lawrence asked that the Park Board minutes for August 21, 2006 be removed from the consent items. Council Member Deragon made the motion to approve. Council Member Green seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 28, Adjourn. Counal1 Council Member Mosier made the motion to adjourn at 10:01 p.m. Council Member Green seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 ATTEST: APPROVED: