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HomeMy WebLinkAbout2007-05-08 Regular Meeting MinutesMINUTES OF CITY OF ANNA REGULAR CITY COUNCIL MEETING AGENDA May 8, 2007 7:30 PM Community Room, Texas Star Bank The City Council of the City of Anna will met in Regular Session at 7:30 p.m., Tuesday, May 8, 2007, at the Anna City Hall Administration, Community Room, located at 111 North Powell Parkway (Hwy 5), to consider the following items. 1. Call to Order. Mayor Kenneth Pelham called the meeting to order at 7:30 p.m. 2. Roll Call and Establishment of Quorum. Mayor Kenneth Pelham and Council Members Lynn Mosier, Keith Green, John Garen, David Crim and Billy Deragon were present. Council Member Kevin Anderson was absent. 3. Pledge of Allegiance. 4 Citizen comments. None 5. Consider/Discuss/Action regarding the deteriorating drainage ditch along Nick Bert's property located at 2925 Ashley Lane. City Manager, Kenny Jenks stated that he had driven by the property and the ditch is eroding. Mr. Bert was present and spoke to council of the condition of the ditch and tried to persuade council to repair the ditch. Council Members spoke their opinion and asked questions of Mr. Bert. Public Works Director, James Parkman explained what would need to be done to the ditch and a possible estimated cost to fix the erosion problem and answered questions from council members. Council Member Geren made the motion to assess all ditches and work in to the budget money to start working on them and get an estimate on the cost to fix Mr. Bert's ditch. Since Mr. Bert has brought his ditch to council's attention he should be moved to the top of the list for next year. Council Member Crim seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 6. Consider/Discuss/Action regarding an ordinance for annexation initiated by the City of Anna to annex a 20 acre tract of land in the J. Schulter Survey, A0856 located south of White Street, (FM 455) to the south and southeast of Windmill Storage and adjacent to the existing city limits. 05-08-07 CC Minutes.doc 1 05-08-07 Council Member Garen made the motion to approve the ordinance annexing a 20 acre tract of land in the J. Schulter Survey. Council Member Green seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 7. Consider/Discuss/Action regarding an ordinance for annexation initiated by the City of Anna to annex several tracts of land in the surveys of F. T. Dauffau, A0288, G. Stark, A0798, J. Slater, A0856, J. C. Farris, A0331, and the J. Schluter, A0856 located in an area being along West White Street (FM 455) between Slater Creek on the east and CR 367 on the west and adjacent to the existing city limits. Council Member Garen made the motion to approve the ordinance for annexation. Council Member Green seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 8. Consider/Discuss/Action regarding a revised Final plat for Anna Center (Underwood Financial, LTD). Assistant City Manager, Wayne Cummings explained P & Z's recommended change to move a lot line to insure that the retaining wall on the north side of the park/trail area be excluded in as entirety from Lot 7, Block A. Council Member Crim made the motion to approve. Council Member Green seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 9. Consider/Discuss/Action regarding a revised site plan for Anna Center (Underwood Financial, LTD). Assistant City Manager, Wayne Cummings stated the P & Z recommended approval of the revised site plan with the condition that Council approve the Landscape plan. Council Member Crim made the motion to approve. Council Member Garen seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 Council Member Garen made the motion to go into executive session at 7:55 p.m. Council Member Deragon seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 10. 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); 05-08-07 CC Minutes.doc 2 05-08-07 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 §661.071); c. Personnel: Position of the City Manager of the City of Anna, Texas. (Government Code, Section 551.074) 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 Green made the motion to return to open session at 8.47 p.m. Council Member Mosier seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 5 minute recess — return 6:55 p.m. 11. Consider and act upon items listed under Item 10 Executive Session, as necessary. Council Member Geren made the motion to take no action. Council Member Mosier seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 12. Consider/Discuss/Action regarding Anna Ranch Development Agreement. Attorney, Misty Ventura was present and reviewed the agreement with council. Articles 4 and 5 have been changed to make sure the revised deal structure. The PID Bonds would be used to eliminate construction finances. A new section 6.3 has been added construction of CIP Improvements. Another new section was added, Article 14.1 Dedication of a Elevated Water Storage Tank site which has immediate access upon passage of the agreement. Ms. Ventura addressed concerns from a letter from Skorburg, Co. voicing concerns about the agreement with Anna Ranch. Council Member Green made the motion to approve the Anna Ranch Development Agreement. Council Member Crim seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 13. Public Hearing For city council to hear public comment regarding a Petition for the Creation of a PID (Public Improvement District) within the City of Anna, Texas for Anna Ranch Development. Mayor Pelham opened the public hearing at 9:11 p.m. Jed Dolson representing Anna Town Center spoke. City Attorney, Clark McCoy stated that this is a ten year project and that some flex ability needs to be present in the agreement. 05-08-07 CC Minutes.doc 3 05-08-07 Misty Ventura spoke for the creation of the PID. Mayor Pelham closed the public hearing at 9:18 p.m. 14. Consider/Discuss/Action regarding a Petition for the Creation of a PID (Public Improvement District) within the City of Anna, Texas for Anna Ranch Development. Council Member Green made the motion to approve the Petition for the Creation of a PID. Council Member Deragon seconded the motion. Motion passes. AYE 5 NAY 1 (CM Mosier) ABSTAIN 0 15. Consider/Discuss/Action regarding appointing a committee to recommend the qualifications to look for in the search of a City Manager. Council Member Garen made the motion to take no action. Council Member Mosier seconded the motion. Motion failed. AYE 1(CMGeren) NAY 5 ABSTAIN 0 Council Members Crim, Green, Deragon and Mayor Pelham volunteered for the committee. City Attorney, Clark McCoy suggested less council members. Mayor Pelham stated that an agenda would be posted with this many council members on the committee. Mr. McCoy suggested that the committee be just an advisory committee. Council Member Deragon suggested that the Acting City Manager, Kenny Jenks be on the committee also. Council Member Deragon made the motion for the committee to be an advisory committee with the four volunteers and the Acting City Manager. Council Member Crim seconded the motion. AYE 5 NAY 1(CMMosier) ABSTAIN 16. Consider/Discuss/Action regarding an Ordinance governing the burning and chipping of trees for residents and developers. Acting City Manager, Kenny Jenks stated that ordinances were already in place and that it staff seeks direction from council on what members want to see. City Attorney, Clark McCoy reviewed some of the ordinances on the books. Council Member would like to do away with developers burning wood piles and would like to see them chip. Fire Chief, Larry Bridges answered questions from council members on burning. Council Member Crim made the motion to table this item until staff drafts an ordinance allowing large lots to have a small burn andto define what a large burn is; have a permit fee; and be regulated by the Fire Marshal. Council Member Deragon seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 17. Consider/Discuss/Action regarding an ordinance Amending Ordinance No. 2002-41 regarding the regulation of garage sales. City Manager, Kenny Jenks stated that Council Member Deragon requested this item be placed on the agenda. Council Member Deragon stated he would like to 05-08-07 CC Minutes.doc 4 05-08-07 change the ordinance to allow garage sale signs to be placed out on garage sale day and be picked up within 24 hours of sale. Mayor Pelham suggested just inserting garage sale signs in the section that allows real estate signs out on the weekends but not on poles or in the right-of-ways. Council Member Deragon made the motion to change the ordinances to be inclusive of the discussion members just had. Council Member Green seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 18. Consider/Discuss/Action regarding the approval of a contract with Joe Helmberger for engineering services. City Manager, Kenny Jenks stated that the city is in need of adding a second engineering firm and he recommends Helmberger and Associates 9 Wiley. Joe Helmberger was present and explained his services. Mr. Helmberger answered questions from council members. Council Member Green made the motion to approve the contract. Council Member Crim seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 19. Staff Reports: a. Status of City Hall Annex — Still working on some minor items It. Gas Line Status — work still going on C. Permits for April — 22 residential and 6 commercial d. Fire Department Reports — Up coming Red Cross Classes coming up; breakfast went well and raised a little bit of money; truck gets back the end of May; discussion of the two houses that had burnt and setting up procedures/policy to act quicker on securing the homes while under investigation for safety e. Election — gave an update on the total votes to date; gave approximate time that will have a meeting to canvass the votes 20. Future Agenda Consideration. Council Member Green would like to see and update on the Underwood property; update on FM 455 widening and CR 367 in staff reports. Plaques for the banks for using their meeting rooms the last few years. 21. 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. City Council Regular Minutes April 24, 2007 2. P & Z Minutes April 3, 2007 3. Park Board Report April 16, 2007 05-08-07 CC Minutes.doc 5 05-08-07 FINANCIAL REPORTS 1. Payment of bills as presented on May 4, 2007. Council Member Deragon made the motion to approve the consent items. Council Member Green seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 22. Adjourn. Council Member Mosier made the motion to adjourn at 10:10 p.m. Council Member Green seconded the motion. Motion passes. u ATTEST: APPROVED: AO�L ;r N tha Wilkison, City Secretary " ayor, Kenneth Pelham 05-08-07 CC Minutes.doc 6 05-08-07