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Home My WebLink About2007-12-11 Workshop/Closed Session & Regular Meeting MinutesMINUTES OF CITY OF ANNA WORKSHOP MEETING AGENDA AND CLOSED SESSION AGENDA DECEMBER 11, 2007 6:30 PM Anna City Hall Administration Building The City Council of the City of Anna met in Workshop Session at 6:30 p.m., Tuesday, December 11, 2007, at the Anna City Hall Administration Building, located at 111 North Powell Parkway (Hwy 5), regarding the following items. 1. Call to Order Mayor Kenneth Pelham called the meeting to order at 6:33 p.m. 2. Roll Call and Establishment of Quorum Mayor Kenneth Pelham and Council Members Mike Crist, Kevin Anderson, Keith Green, John Geren and Billy Deragon were present. Council Member David Crim was absent. 3. Discussion regarding an Update for the On -Line Bill Pay. (Wayne Cummings) Assistant City Manager, Wayne Cummings stated that City Attorney, Clark McCoy was working with UTSI on the contract; a trial run would be done soon and then the service will be available for the residents. 4. Discussion regarding the Residential Trash Collection Contract (Philip Sanders) City Manager, Philip Sanders explained that the Residential Trash Collection Contract will be up for renewal in April 2008 and handed out a chart of what other cities have. Mr. Philips answered questions from council members and recommended to council to go out for bids for residential trash service and recycling. This will be an agenda item on January 8, 2008. 5. Discussion regarding any item on the City Council's December 11, 2007 Regular Meeting Agenda. No discussion at this time. 12-11-O7 Regular CC Minutes.doc 1 12-1 "7 6. Discussion regarding posting Notice for no City Council meeting on December 25, 2007. (Philip Sanders) City Manager, Philip Sanders stated that the next regular meeting falls on Christmas Day so an agenda will be posted stating that no meeting will be held. Council Member Deragon made the motion to go into closed session at 6:47 p.m. Council Member Green seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 7. 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 551 of the Government Code (Tex. Gov't Code §651.071); c. Personnel: Consider position of Fire Marshall/Arson Investigator. (Government Code, Section 551.074). The council reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. Council Member Crist made the motion to return to open session at 7:28 p.m. Council Member Deragon seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 8. Adjourn. Council Member Crist made the motion to adjourn at 7:28 p.m. Council Member Deragon seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 12-11-07 Regular CC Minutes.doc 2 1241-07 ATTEST: APPROVED: Naa a Wilkison, City Secretary ayor, Kenneth Pelham .. _ OF An. 12-11-07 Regular CC MinutesAm 3 12-11-07 MINUTES OF CITY OF ANNA REGULAR MEETING AGENDA DECEMBER 11, 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, December 11, 2007, at the Anna City Hall Administration Building, 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. Pledge of Allegiance. Mayor Pelham introduced Scout Justin Dunaum to lead the pledge. 3. Proclamation regarding the December 18, 2007 Christmas Charity Event Showcase. (Mayor Pelham) Mayor Pelham read the proclamation and presented it to Bradley and Alison Bowden. 4. Announcement/Discussion/Action regarding the Anna Post Office. (Mayor Pelham) Bill McMurry with US Postal Service made the announcement that they are looking for a site to build approximately a 5,000 sq. ft. building for a new post office in the City of Anna. 5. Citizen comments. Stacy Driskell representing the Christmas Parade Committee presented a statue as a token of appreciation to the City. Mrs. Driskell also spoke as the elected President of the newly formed Greater Anna Chamber of Commerce and requested to be placed on the next council agenda. Darren Driskell spoke on Item 15 which prohibits the Drive-thru Sale of Beer. Steve Watson spoke on Item 15 which prohibits the Drive-thru Sale of Beer. Scott Norris spoke on Item 15 which prohibits the Drive-thru Sale of Beer. Paul Lindsey spoke on Item 15 which prohibits the Drive4hru Sale of Beer. 12-11-07 Regular CC Minules.doc 4 12-11-07 6. 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 City Council Minutes of November 27, 2007 AGREEMENTS Cooperation Agreement by and Between the City of Anna, Texas and the Anna Independent School District Regarding Placement and Monitoring of a Roll -Off Recycling Container. Council Member Anderson made the motion to approve the consent items. Council Member Crist seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 7. Consider/Discuss/Action regarding 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-GTUA) Jerry Chapman with GTUA was present and spoke to council. City Manager, Philip Sanders stated that he wanted council to be aware that we do not have an agreement with NTWD that allows us to use Melissa's capacity (we have an agreement with Melissa). Council Member Anderson made the motion to table to the next meeting. Council Member Geren seconded the motion. Further discussion between council, Mr. Chapman and staff took place. Motion fails for lack of a majority. AYE 3 (CM Anderson, Green and Geren) NAY 3 ABSTAIN 0 Council Member Deragon made the motion to approve. Council Member Crist seconded the motion. Motion passes. AYE 5 NAY 1 (CM Anderson) ABSTAIN 12-11-07 Regular CC Minutes.doc 5 12-11-07 8. Consider/Discuss/Action regarding an Ordinance Setting Inside City Water & Sanitary Sewer Rates for Residential, Commercial and Industrial Customers and Outside City Water & Sanitary Sewer Rates for Residential, Commercial and Industrial Customers. (Wayne Cummings) Assistant City Manager, Wayne Cummings summarized the rate increase ordinance for council. Council Member Geren made the motion to approve. Council Member Crist seconded the motion. Motion passes. AYE 5 NAY 1 (CM Anderson) ABSTAIN 9. Consider/Discuss/Action regarding an Ordinance creating an Arson Unit (Philip Sanders) City Manager, Philip Sanders stated there has been discussion between Fire Chief Larry Bridges and staff regarding the need for an Arson Investigator. A person filling the position, including a volunteer, would be an employee of the City of Anna and could be assigned to serve with or assist the Anna VFD. Staff recommends approval of the Ordinance. Council Member Green made the motion to approve. Council Member Crist seconded the motion. Motion passes. 10.Consider/Discuss/Action regarding an Ordinance initiated by the City of Anna to annex a seven acre tract of land (South Grayson Water Tower) in the Z. F. Lester Survey, A0546, being an area located on the west side of Powell Pkwy (Hwy 5), south of County Road 373 and adjacent to the existing city limits. (Maurice Schwanke) Maurice Schwanke, City Planner stated that the required 2 public hearings have been held and Planning and Zoning Commission is recommending approval of the annexation of the property. Council Member Geren made the motion to approve. Council Member Anderson seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 11. Public Hearing For City Council to consider public comment on a request by the City of Anna to change zoning on a seven acre tract known as tract eleven of the Z. F. Lester Survey, A0546, located at 3333 North Powell Pkwy (Hwy 5). The tract (South Grayson Water Tower) is currently zoned as Agriculture (AG) and the City is requesting Restricted 12-11-07 Regular CC Minuteadoc 6 12-11-07 Commercial (C-1) on the front 300 feet of the tract and Light Industrial (1-1) on the remainder of tract (Maurice Schwanke) Mayor Pelham opened the public hearing at 8:05 p.m. Maurice Schwanke, City Planner explained the different zonings for the City owned piece of property and recommended approval. There was no more public comment. Mayor Pelham closed the public hearing at 8:07 p.m. 12.Consider/Discuse/Action regarding an Ordinance to change the zoning on tract eleven of the Z. F. Lester Survey, A0546, located at 3333 North Powell Pkwy (Hwy 5) to Restricted Commercial (C-1) on the front 300 feet of the tract and Light Industrial (1-1) on the remainder of tract (Maurice Schwanke) Council Member Crist made the motion to approve. Council Member Green seconded the motion. Motion passes. 13.Consider/Discuss/Action regarding an Ordinance Banning the Use of Hand Held Mobile Telephones in School Zones. (Kenny Jenks) Police Chief, Kenny Jenks stated that Council Member Green at council's last meeting asked staff to create an ordinance banning the use of cell phones in school zones. Council Member Green made the motion to approve. Motion dies for lack of a second. There was further council discussion for an ordinance as opposed to a resolution. Council Member Geren made the motion to deny. Council Member Anderson seconded the motion. Motion fails for lack of a majority. AYE 3 NAY 3 (CM Green, Deragon ABSTAIN 0 and Mayor Pelham) Further discussion from council members took place. Council Member Deragon made the motion to table until the next meeting when all members are present. Council Member Crist seconded the motion. Motion fails. AYE 2 (CM Crist and Deragon) NAY 4 ABSTAIN 0 14.Consider/Discuss/Action regarding a Resolution Regarding the Use of Hand Held Mobile Telephones in School Zones. (Kenny Jenks) Council Member Geren made the motion to deny. Council Member Green seconded the motion. Motion passes. 12-11-07 Regular CC Minutes.doc 7 12-11-07 AYE 6 NAY 0 ABSTAIN Anderson) City Manager, Philip Sanders summarized events leading to this request and stated staff was not recommending a repeal of this prohibition. Mayor Pelham made the motion to deny. Council Member Garen seconded the motion. Council Members discussed the issue further. AYE 4 NAY 2 (CM Anderson and Green) ABSTAIN 0 16.ConsidertDiscuss/Action regarding an Ordinance Establishing a 2:00 am Closing Time for Bars. (CM Anderson) City Manager, Philip Sanders summarized events leading to this request and what would take place if the ordinance is adopted. Mr. Sanders stated that staff does not recommend approval of the ordinance. Council Member Garen made the motion to deny. Council Member Crist seconded the motion. Council Members discussed the issue further. Motion passes. AYE 4 NAY 2 (CM Anderson and Green) ABSTAIN 0 17.Consider/DiscusstAction regarding a Resolution Approving the Articles of Incorporation and Bylaws of Cities Aggregation Power Project, Inc. a political Subdivision Corporation. (Philip Sanders) City Manager, Philip Sanders stated that Council Member Anderson request to look into alternate electricity purchases for the City. Mr. Sanders summarized his findings in investigating optional electricity providers for City accounts and recommended approval of the resolution to join CAPP and pay the membership fee. Council Member Crist made the motion to approve. Council Member Garen seconded the motion. Motion passes. 18. Future Agenda Consideration. Council Member Crist would like to see a discussion item only for the Greater Anna Chamber of Commerce; item for the discussion of the severance clause to the trash contract, and an Rem to allow for a modification to ordinance 185-2005 to allow for SUP's. Council Member Deragon requested a vote to see whether to put this Rem on the next agenda. Motion fails for lack of a majority. The Rem will not be on the next agenda. 12-11-07 Regular CC Minutes.dw 8 12-11-07 AYE 3 (CM Crist, Anderson and Green) NAY 3 (CM Garen, Deragon and Mayor Pelham) ABSTAIN 0 Council Member Anderson would like to have a discussion item for the spray on radiant barriers and increasing the attic insulation to R49 rating. 19. Consider and act upon items listed under Closed Session, as necessary. Council Member Garen made the motion to take no action. Council Member Crist seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 20.Adjoum: Council Member Anderson made the motion to adjourn at 8:45 p.m. Council Member Crist seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 ATTEST: N ha Wilkison, City Secretary ayor, Kenneth Pelham 12-11-07 Regular CC Minutes.doc 9 12-11A7