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Home My WebLink About2007-10-23 Closed Session MinutesMINUTES OF CITY OF ANNA REGULAR MEETING AGENDA — CLOSED SESSION October 23, 2007 6:46 PM Anna City Hall Administration Building The City Council of the City of Anna met in Closed Session at 6:45 p.m., Tuesday, October 23, 2007, at the Anna City Hall Administration Building, located at 111 North Powell Parkway (Hwy 5), regarding the following Hems. 1. Can to Order. Mayor Kenneth Pelham called the meeting to order at 6:47 p.m. 2. Ron Can and Establishment of quorum. Mayor Kenneth Pelham and Council Members Mike Crist, Kevin Anderson, Keith Green, John Geren and David Crim were present. Council Member Billy Deregon was absent. Council Member Green made the motion to go into executive session at 6:48 p.m. Council Member Anderson seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 3. CLOSED SESSION: Under Tex. Gov't Code Chapter 651, 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 551 of the Government Code (Tex. Gov't Code §561.071); c. consult with legal counsel regarding contemplated litigation (Tex. Gov't Code §551.071); and d. Personnel: Consider the Position of City Manager. (Government Code, Section 551.074). The council reserves the right to enter into executive session at arty time throughout any duty noticed meeting under any applicable exception to the Open Meetings Act Council Member Anderson made the motion to return to open session at 7:28 p.m. Council Member Grist seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 1023-07 CC Mites aoo 1 10-23.07 4. Adjourn. Council Member Anderson made the motion to adjourn at 7:29 p.m. Council Member Crist seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 ATTEST: APPROVED: N6'ha Wilkison, City Secretary ^/' Mayor, Kenneth Pelham 10-2307 CC M#W1"40c 2 104347 MINUTES OF REGULAR MEETING AGENDA — OPEN SESSION OCTOBER 23, 2007 7:30 P.M. ANNA CITY HALL ADMINISTRATION BUILDING The City Council of the City of Anna met in Regular Session at 7:30 p.m., Tuesday, October 23, 2007, at the Anna City Hall Administration Building, located at 111 North Powell Parkway (Hwy 5), to consider the following items. 1. CaU to Order. Mayor Kenneth Pelham called the meeting to order at 7:31 p.m. All Council Members except Billy Deragon were present. 2. Pledge of Allegiance. 3. Citizen comments. Paul Lindsey — Big Brother Pest Control — Spoke in favor of keeping alcohol in Anna 4. Mayor read a Proclamation Celebrating Municipal Courts Week. Mayor Pelham read the proclamation. 5. Mayor read a Proclamation for Fire Prevention Week. Mayor Pelham read the proclamation. 6. Mayor read a Proclamation regarding 4-H. Mayor Pelham read the proclamation. 7. Consider/Discuss/Action regarding a Facility Agreement for Greer Addition. City Attorney, Clark McCoy stated that this agreement has taken a long time to resolve. There is one revision the owners wish: 1. Development and Reservation of Rights -of -Way, first sentence insert after parking lot "necessary to support existing structure' as shown, etc. and Mr. McCoy is okay with this wording being added. Maurice Schwanke, Consulting Planner was present and answered questions from council members. Council Member Green made the motion to approve with the revision that the City Attorney stated. Council Member Geren seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 10-23-07 CC MWAdes.doc 3 10-23-07 8. Consider/Discuss/Action regarding a recommendation from the Planning and Zoning Commission regarding the Final Plat for Greer Addition. Council Member Crim made the motion to approve. Council Member Crist seconded the motion. Motion passes. 9. Public Hearing: For City Council to hear public comment on the annexation of a 7 acre tract of land (South Grayson Water Tower) in the Z. F. Lester survey located on the west side of Powell Pkwy (Hwy 5) and south of County Rd. 373. Mayor Pelham opened the public hearing at 7:49 p.m. There was no public comment. Mayor Pelham closed the public hearing at 7:50 p.m. 10. Public Hearing For City Council to consider public comment on a request by 40 PGE LTD to revise the existing Planned Development (PD) Ordinance No. 58-2003 for rezoning of a 39.99 acre tract in the G. Stark Survey, Abstract No. 0798. Petitioner request changes in their Planned Development (PD) zoning from a combination of Single Family Residential (SF -1) and Restricted Commercial (C-1) to a PD Zoning consisting of General Commercial (C-2) zoning with some uses restricted. Properly is located at the northeast corner of the intersection of S. Powell Parkway (Hwy 5) and County Road 421. Mayor Pelham opened the public hearing at 7:50 p.m. There was not public comment. Mayor Pelham closed the public hearing at 7:51 p.m. Council Member Crist asked to move item 20 up to hear Anna Economic Development Corp. presentation. 11.ConsidertDiscusstAction on recommendation regarding request by 40 PGE LTD to revise the existing Planned Development (PD) Ordinance No. 58-2003 for rezoning of a 39.99 acres tract to PD zoning consisting of General Commercial (C2) zoning with some uses restricted. Jed Dolson with Skorburg Company made a presentation on the rezoning of 39.99 acres to PD zoning consisting of General Commercial (C2) zoning with some restricted uses and answered questions from council members. Maurice Schwanke, City Planner answered questions from council members on the wording that P & Z commission used in their 1623-07 CC Aknk4"Ao 4 10-23-07 recommendation. Mr. Schwanke was concerned about the change in thoroughfare plan that was trying to be done without going through P & Z first. ••-----n.� --a., w.,...v "b +- -- im} -~- iva sa inn at 8,47 n.m. Council Member Green made the motion to return to open session at 9:04 p.m. Council Member Garen seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 Took a 5 minute recess — return 9:09 p.m Mayor Pelham stated that on Exhibit B in the statement uses similar to the above, change permitted to restricted, uses makes sense. Council Member Crist made the motion to take no action and that they go back to P & Z with the recommended changes and get clarification. Council Member Garen seconded the motion and stated he would like to see them get together with EDC and see what plans they have. Motion passes. AYE 5 NAY 1 (CM Crim) ABSTAIN 0 12.ConsiderfDiscusaliAction regarding a Resolution for Open Space for the Stater Creek Park Grant. Maurice Schwanke summarized the resolution for the dedication of 1.6 acres of parkland along Slater Creek. Council Member Anderson made the motion to approve. Council Member Crist seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 13.ConsidertDiscusefAction regarding awarding the contract for County Road 3691371 Waterline Project. City Manager, Kenny Jenks stated that Tim Morris has not received the required paperwork from the contractors for this item and asked that items 13 and 14 be tabled at this time. Council Member Oren made the motion to take no action. Council Member Anderson seconded the motion. Motion passes. 10-23-W Cc MUNA"Aoc 5 10-2"7 14.ConsiderlDiscuss/Action regarding awarding the contract for West Crossing Blvd. Waterline Extension to Rosamond Pkwy. Project Council Member Garen made the motion to take no action. Council Member Crist seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 15.Discussion on Adjustments to Water/Sewer Bills for leaks on customer side. Mr. Trey Hughes was present and spoke to council about considering some form of a credit for residents who have a leak on their side of the meter. Council Members discussed the issue and asked questions of staff. Council directed Public Works Director, James Parkman and staff to research credits for customer leaks policies and to bring back a recommendation to council. 16.Consider/Discuss/Action regarding Accepting the Resignation of Noel Goren from the Technology Advisory Commission. Council Member Crim made the motion to accept Noel Geren's resignation. Council Member Geren seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 17. Consider/Discuss/Action regarding an appointment to the Technology Advisory Commission. Council Member Garen nominated Charles Ball to Place 4. Mr. Ball was present and answered question from council members. Motion passes. Mr. Ball will serve in Place 4 of the Technology Advisory Commission. AYE 6 NAY 0 ABSTAIN 0 18.Consider/Discuss/Action regarding On Line Bill Payment for Water Bills. Tony Halsell was present and answered questions from council members. Council Member Anderson made the motion to approve staff moving forward with an agreement with USTI for On Line Bill Payment for water bills and the City to absorb the cost. Council Member Crist seconded the motion. Motion passes. 10-23-07 CC MwA tes.doc 6 1023.07 19.CortsiderlDiscuss/Action regarding approval of the Anna Economic Development Corporation Fiscal 2007-2005 Budget President, Richard Pennington was present and answered questions from council members. Council Member Crim made the motion to approve. 20.ConsidertDiscusWAction regarding a Progress ReporNEconomic Summit Report from Anna Economic Development Corporation. Anna EDC members gave a presentation and discussed ideas that came from their Economic Summit for a Master Plan for the City. 21. Staff Reports: a. Anna VFD Reports — Assistant Chief Danny Newton was present and answered questions from council members. b. Anna Police Department Reports — Lt. Howard Day was present and answered questions from council members. 22. Future Agenda Consideration. Council Member Garen requested a report from Anna EDC after they have met with the Skorburg Company. Council Member Crim requested that the Anna CDC Budget; Repeal of the Anna Code of Ethics and a report on the Anna Chamber of Commerce Budget (financial) if possible. 23.Consider and act upon items listed under Closed Session, as necessary. Council Member Crist made the motion to take no action. Council Member Green seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 24. CONSENT ITEMS: These Rome 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 a. City Council Minutes September 25, 2007 10.23,07 CC MinutnAW 7 10-23,07 b. EDC Special Minutes August 6, 2007 c. EDC Special Minutes August 13, 2007 d. EDC Special Minutes August 22, 2007 e. EDC Minutes September 6, 2007 f. P & Z Minutes September 4, 2007 1. Payment of bills as presented on October 19, 2007. 2. Financials Council Member Crist requested for the EDC August 6, 2007 minutes be withdrawn for clarification of items referring to the "J° and that the rest of EDC Minutes be consistent in members present and absent. Mr. Crist also pointed out spelling error in Draft City Council Minutes of September 25, 2007. Council Member Crist made the motion to approve the remaining listed minutes. Council Member Crim seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 25.Adjoum: Council Member Anderson made the motion to adjourn at 9:40 p.m. Council Member Garen seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 Na a Wilkison, City Secretary OF AA. :U•t• _! ayor, Kenneth Pelham 10-2347 CC MwwWs.doc 8 10-2307