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Home My WebLink AboutCCmin2006-10-24MINUTES OF CITY OF ANNA REGULAR CITY COUNCIL MEETING AGENDA October 24, 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, October 24, 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. Acting Mayor David Crim called the meeting to order at 7:00 p.m. 2. Roll Call and Establishment of Quorum. Acting Mayor David Crim and Council Members Keith Green, John Garen and Billy Deragon were present. Council Member Kevin Anderson arrived 7:05 p.m. Mayor Kenneth Pelham and Council Member Lynn Mosier were absent. 3. Pledge of Allegiance. 4 Citizen comments. Johnny McBride wanted to know why there were no parking stripes in the City Hall parking lot. 6. Consider/Discuss/Action regarding Recognition of Oak Hollow, Stetson Ranch, Fern Street and Sheffield Farms for their Neighborhood Crime Watch group's participation in the Community and Neighborhood Night Out Program. Police Chief Jenks presented Certificates of Recognition to Heather Cadarat with Oak Hollow, Kelly Isom with Stetson Ranch and Gary Billups with Sheffield Farms. 6. Consider/Discuss/Action regarding Recognition of Becky Segle and Melissa Baptist Church for Impact Week 2006. Acting Mayor David Crim presented Becky Settle with a Certificate of Recognition. 7. Consider/Discuss/Action regarding Fire Protection Plan Review Services. This item was back on the agenda after being tabled at the last council meeting. City Manager, Lee Lawrence stated there is no legal requirement to review plans but staff would encourage the council to require this plan review for the same reasons that the City requires plan reviews for foundation, sprinkler, alarm systems, plumbing and electrical, etc. Mr. Lawrence answered questions from 10.2406 Council Knutes.dw 1 10.24-06 council members. Council Member Garen made the motion to go ahead with Fire Protection Review Services with the Addendum, City Attorney, Clark McCoy suggested to the contract. Council Member Deragon seconded the motion. Council Member Garen amended the motion to include plan review starting at 10,000 square feet for commercial buildings. Council Member Deragon seconded the amendment. Motion passes AYE 5 NAY 0 ABSTAIN 6. Public Hearing: To consider public comment on a request by Mr. Joe Greer to change zoning on tract of land in the Henry Brantley Survey, Abstract No. 71, from Single Family Residential (SF -1) to Restricted Commercial (C1) zoning. Property is located north of Hackberry Lane on the west side of Powell Parkway (Hwy 5). Acting Mayor Com opened the public hearing at 7:14 p.m. Joe Greer spoke in support of the zoning change. Acting Mayor Crim dosed the public hearing at 7:17 p.m. 9. Consider/Discussion/Action on recommendation regarding request by Mr. Joe Greer to change zoning on tract of land in the Henry Brantley Survey, Abstract No. 71, from Single Family Residential (SF4) to Restricted Commercial (C1) zoning. Property is located north of Hackberry Lane on the west side of Powell Parkway (Hwy 5). City Manager, Lee Lawrence explained to council the concerns with having a C-2 commercial zoning dose to residential zoning. If Mr. Greer came could come to council with a Spec Use Permit for a user that is okay for the residential area. Council Member Garen made the motion to change the zoning from residential to Restricted Commercial (C1) zoning. Council Member Anderson seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 10. Consider/Discuss/Action on recommendations regarding preliminary plat for Park Place Addition. Acting Mayor Crim stated that a letter had been received requesting this item be tabled. Council Member made the motion to table item 10. Council Member Green seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 11. Consider/Discuss/Action regarding a Resolution s ffing the Public Hearing dates for the annexation of property along FM 2862 and South of Hwy 121. City Manager, Lee Lawrence stated this is a city initiated annexation and answered questions from council members. Council Member Deragon made the motion to pass the resolution. Council Member Anderson seconded the motion. Motion passes. 10.24-06 Cama Minutes.doc 2 10.24-06 AYE 5 NAY 0 ABSTAIN 0 12. Consider/DiscussiAction regarding a Resolution setting the Public Hearing dates for the annexation of property along FM 2862 and South of Hwy 121. Council Member Green made the motion to approve the resolution. Council Member Anderson seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 13. Consider/Discuss/Action regarding an Amendment to Greater Texoma Utility Authority — City of McKinney Potable Water Pass Through & Pumping Agreement Passed until Jerry Chapman arrived. Jerry Chapman with GTUA explained the amendment before council and answered questions from council members. Council Member Deragon made the motion to approve the amendment. Council Member Green seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 14. Consider/Discuss/Action regarding Amendment to Ordinance 277-2006 Establishing a Policy Regarding Funding Requests Received by Not -For - Profit Organizations. City Manager, Lee Lawrence explained that the amendment is to add the .50 per capita to set aside money in the budget to fund not-for-profit groups request for donations which was left out of the original ordinance. Mr. Lawrence also answered questions from council members. Council Member Deragon made the motion to approve the .50 per capita. Council Member Garen seconded the motion. Motion passes. AYE 4 NAY 1 (Acting Mayor Crim) ABSTAIN 0 Council Member Anderson made the motion to go into closed session at 7:30 p.m. Council Member Garen seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 15. CLOSED SESSION: Under Tex. Gov't Code Chapter 551, His 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 1551.072); 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). 10-24-06 Council Minules.dw 3 1424-06 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 8:35 p.m. Council Member Deregon seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN Recess — return 8:40 p.m. 16. Consider/DiscussfAction regarding Anna Center Ltd. and the City of Anna Development Agreement. Nancy Underwood the owner of Underwood Financial Ltd., Charles Hodges, a shopping center developer and Steve Herbert, The Director of Real Estate with Brookshire's were present and presented to council a concept of the site where Brookshire's is planning to build it's store in Anna. Drainage, 455 Improvements, signal light were just some of the topics discussed. A special meeting was scheduled for Monday, October 30, 2006 at 7:00 p.m. to work out the details. 17. Consider/Discuss/Action regarding Boundary Agreement between City of Anna and City of Van Alstyne. City Manager, Lee Lawrence explained that the City of Van Alstyne City Council is willing to approve the agreement conditional upon the City of Anna agreeing to pay for some of their legal fees ($8,000.00) that they have incurred over the last few months. Council Member Green made the motion to approve the $6,000.00 in legal fees. Council Member Anderson seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 18. Consider/Discuss/Action regarding authorizing going out for bids for road improvements to Ferguson Pkwy. Council Member Green made the motion to approve. Council Member Garen seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 16. Consider/Discuss/Action regarding Resolution setting the Public Hearing dates for the annexation of property along Hwy 5 (Powell Pkwy) West on the East side of CR 423. City Manager, Lee Lawrence explained that the property was left out of the original annexation of property in the area and this is clean up. Council Member Deragon made the motion to approve the resolution. Council Member Green seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 10.24-06 Council Minut"Am 4 10.24-08 20. Staff Reports: a. Status of City Hall Annex b. Status of New City Hall C. Status of Building Permits discussed, but some serious issues have arisen that cannot be discussed at this time; (2) the city hall annex proposal should be to staff by the end of the week and the city is acting as it's own general contractor, (3) building permits are down and staff will continue to monitor the situation and; (4) a city directional sign is at a bad location, shields a persons property, is in the right-of-way and the county does not like the location of the sign. The sign needs to come down. 21. Future Agenda Consideration. Council Member Garen would like to see an action item to reimburse Mr. King concerning the well incident. Council Member Deragon would like to see the civilian incentive pay on the next agenda. 22. CONSENT ITEMS: These items consist of non -controversial 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 City Council meeting September 26, 2006. 2. Minutes of the P & Z meeting October 3, 2006 3. Minutes of the EDC meeting October 5, 2006 4. Minutes of the City Council meeting October 10, 2006 5. Minutes of the Park Board meeting October 16, 2006 FINANCIAL REPORTS 1. Payment of bills as presented on October 6, 2006. 2. Financials City Manager, Lee Lawrence requested that the Park Board Minutes be removed from the consent agenda. Council Member Crim made the motion to approve the consent items. Council Member Anderson seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 10.24-05 council Minutes.doc 5 142405 23. Adjourn. Council Member Crim made the motion to adjourn at 9:50 p.m. Council Member Anderson seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 ATTEST: APPROVE: 162406 Council Minutes.doc 6 10.24-M