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Home My WebLink About2008-04-22 Workshop/Closed Session & Regular Meeting MinutesMINUTES OF CITY OF ANNA WORKSHOP MEETING AGENDA AND CLOSED SESSION AGENDA APRIL 22, 2008 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, April 22, 2008, 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 6:30 pm. 2. Roll Call and Establishment of Quorum. Mayor Kenneth Pelham and Council Members Mike Crist, Keith Green, John Geren and Billy Deragon were present. Council Members Kevin Anderson and David Crim were absent. 3. Discussion regarding the Code of Ordinances. City Attorney, Clark McCoy explained that the code will need to have the required public hearings and council will have this back on a May agenda to be voted on. The code is meant to educate the council, staff and citizens to the ordinances adopted by council. Mr. McCoy briefly went through contents and stated that the code is not in perfect form and will be updated as time goes on. Maurice Schwanke, Director of Planning and Development reviewed some of the changes that he has made to the code. Mr. McCoy answered questions from the council members. Council Member Deragon made the motion to go in to Closed Session at 6:51 pm. Council Member Crist seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 4. 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); 04-22-08 CC Minutes.do 1 04-22-08 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); 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 Deragon made the motion to return to open session at 7:25 pm. Council Member Crist seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 S. Discussion regarding any item on the City Council's April 22, 2008 Regular Meeting Agenda. 6. Adjourn. Council Member Crist made the motion to adjourn at 7:26 pm. Council Member Deragon seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 ATTEST: APPROVED: N the Wilkison, City Secretary Xenneth Pelham, Mayor s°. ......... 0422-08 CC Minutes.dec 2 04-22-08 MINUTES OF CITY OF ANNA REGULAR MEETING AGENDA April 22, 2008 7:30 P.M. ANNA CITY HALL ADMINISTRATION BUILDING The City Council of the City of Anna will meet in Regular Session at 7:30 p.m., Tuesday, April 22, 2008, 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 pm. 2. Invocation and Pledge of Allegiance. Invocation will be given by Pastor Rob Simmons from the Life Fellowship Church. Invocation was given by Pastor Rob Simmons. 3. Citizen comments. Citizens are allowed 3 minutes to speak. The Council is unable to respond to or discuss any issues that are brought up during this section that are not on the agenda, other than to make statements of specific factual Information in response to a citizen's inquiry or to recite existing policy in response to the Inquiry. Stacey Driskell, President of the Greater Anna Chamber of Commerce spoke of a "Meet the City" event coming up on May 17, 2008. Alexander Hamilton spoke as a member of the EDC and asked Council to consider a couple items when making appointments to the boards and commission, such as the person having e-mail, mobile phone and the time to serve. 4. Presentation regarding Stay in Anna/Play in Anna fund raiser for Slayter Creek Park, Friday, April 25, 2008. (Maurice Schwanke) Maurice Schwanke, Director of Planning and Development reminded Council of the event. S. 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. 0422-08 CC Minutes.doc 3 04-22-08 MINUTES City Council Minutes of April 8, 2008. P & Z Minutes of April 1, 2008. Council Member Garen made the motion to approve the consent items. Council Member Green seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 6. Consider/Discuss/Action regarding awarding the South Plant 1.6 Mil. Gal. Ground Storage Tank for the City of Anna to the low bidder, Tank Builders, Inc. of Euless, Texas for the bid amount of $1,307,300.00. Jerry Chapman with GTUA was present and briefed council on the bidding process and recommended council to approve awarding the bid to the low bidders, Tank Builders, Inc. of Euless. Mr. Chapman answered questions from council members. Council Member Crist made the motion to approve. Council Member Green seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN (a) Public Hearing To consider public comment on a request by Brian Roper, owner of property, to change zoning on a two acre tract located at 916 W. White Street. The tract is currently zoned as Agriculture (AG) and the owner is requesting Restricted Commercial (C-1) zoning with a Special Use Permit to operate auto and trailers sales. (Maurice Schwanke) Mayor Pelham opened the public hearing at 7:43 pm. Maurice Schwanke, Director of Planning and Development presented the case to council and recommended that council approve the C-1 zoning but not to approve the SUP. Brian Roper was present and stated that since his operation was unwanted he has put his property up for sale. Mr. Roper answered questions from council members. Mayor Pelham closed the public hearing at 7:50 pm. (b) Consider/Discuss/Action regarding an ordinance to change zoning on property located at 916 W. White Street from Agriculture to Restricted Commercial zoning with a Special Use Permit to operate auto and trailers sales on a request by Brian Roper. (Maurice Schwanke) 04-22-08 CC Minutes.doc 4 04-22-08 Council Member Green made the motion to approve the C-1 zoning without the SUP. Council Member Garen seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 8. Consider/Discuss/Action regarding a Resolution authorizing the City Manager to Sign a Contract for Residential Solid Waste Collection with Bradshaw and Son Solid Waste Collection. (Philip Sanders) City Manager, Philip Sanders went over three different options and recommended option A which would cost residential households $14.50 per month. Mr. Sanders answered questions from council members. Council Member Crist made the motion to approve Option A. Council Member Garen seconded the motion. Motion passes. AYE NAY 1 (CM Green) ABSTAIN 0 9. Consider/Discuss/Action regarding a Resolution Authorizing Settlement of Litigation Styled James Lee Underwood and Carolyn Underwood vs City of Anna, Texas. Clark McCoy, City Attorney explained that this was a suit against the City that alleged that a road built encroached on their property. The settlement amount is being paid by the developer who build the road and that a drainage issue has been taken care of by a contractor of the developer. From day one the City has claimed no liability for this action. Council Member Deragon made the motion to approve the resolution upon successful execution of the agreement by the plaintiff's to the satisfaction of the City Attorney with no change to the settlement. Council Member Crist seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 10. Consider/Discuss/Action regarding a recommendation from Anna CDC to accept Joel Foltz resignation from the Anna CDC Board. Council Member Garen made the motion to accept the resignation. Council Member Green seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 0422-08 CC Minutes.dx 5 04-22-08 11.Consider/Discuss/Action regarding a recommendation from Anna EDC to accept Jeremy Hersom resignation from the Anna EDC Board. Council Member Garen made the motion to accept the resignation. Council Member Deragon seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 Council Member Geren wanted to thank the members resigning for their time and service to the City. 12. Discussion regarding appointments to the Anna CDC and the Anna EDC Boards to fill vacancies. City Manager, Philip Sanders led the discussion for this item. EDC and CDC have voted to make recommendations to the council. Alexander Hamilton was present and explained some issues with the EDC By -Laws that limits terms of members and answered questions from council members. Mr. Sanders concerns were council taking an active part in considering these positions. Council Member Crist wanted to discuss the qualifications of people applying for these positions. He would like to see what types of people and the experience (the level of skill) applicants should have. Mayor Pelham recommended that on the next council meeting there be an item to discuss forming a sub committee of council members to sit down and go through the applications for the boards and commissions. Mayor Pelham made the motion to return to executive session at 8:19 pm. Council Member Crist seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 Council Member Garen made the motion to return to open session at 8:46 pm. Council Member Crist seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 13. 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 5 NAY 0 ABSTAIN 0 04-22-08 CC Minutes.do 6 04-22-08 14. Adjourn: Council Member Geren made the motion to adjourn at 8:48 pm. Council Member Green seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 ATTEST: APPROVED: AJNWaWilki�son, City Secretary / enneth Pelham, Mayor a•�'Or qj�° +.: 04-22-08 CC Minutes.doc 7 04-22-08