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HomeMy WebLinkAbout2008-05-27 Workshop/Closed Session & Regular Meeting MinutesMINUTES OF CITY OF ANNA WORKSHOP MEETING AGENDA AND CLOSED SESSION AGENDA May 27, 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, May 27, 2008, at the Anna City Hall Administration Building, located at 111 North Powell Parkway (Hwy 5), regarding the folloMng items. 1. Call to Order Mayor Pro Tem Kevin Anderson calked the meeting to order at 6:31 pm. 2. Roll Call and Establishment of Quorum. Mayor Pro Tem Kevin Anderson and Council Members Mike Grist, Keith Green, Darren Driskell and David Crim were present. Mayor Kenneth Pelham and Council Member Billy Deragon were absent Council Member Crim left the meeting at 8:30 pm. Council Member Deragon arrived 8:31 pm. 3. Presentation and discussion regarding Builder Signs. (Maurice Schwanke) Maurice Schwanke, Director of Planning and Development led the discussion. Steve Starizell with National Sign Plazas was present and gave a presentation on the plaza signs they manage for directional signs for builders and developers and answered questions from council members. Staff was directed to bring back an ordinance at the next city council meeting. 4. Discussion regarding Oncor Franchise Agreement ( Clark McCoy) City Attorney, Clark McCoy updated council members on the status of the franchise agreement being worked out with Oncor and stated that the agreement will be brought to council next month for their approval. Council Member Crist made the motion to enter closed session at 6:55 pm. Council Member Green seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 05-27-08 CC Minutes.dw 1 05-27-08 5. 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 651 of the Government Code (Tex. Gov't Code §551.071); c. Personnel: Consider City Manager Six (6) Month Evaluation (Government Code, Section 551474). 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 7:32 pm. Council Member Crim seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 6. Discussion regarding any item on the City Council's May 27, 2008 Regular Meeting Agenda. None 7. Adjourn. Council Member Crist made the motion to adjourn at 7:34 pm. Council Member Driskell seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 ATTEST: APPROVED: ��a_ tha Wilkison, City Secretary Kevin Anderson, Mayor Pro Tem 0627-08 CC Wnutes.doc 2 0627-08 MINUTES OF CITY OF ANNA REGULAR MEETING AGENDA May 27, 2008 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, May 27, 2008, at the Anna City Hall Administration Building, located at 111 North Powell Parkway (Hwy 5), to Consider the following items. 1. Cali to Order. Mayor Pro Tem Kevin Anderson Called the meeting to order at 7:34 pm. 2. Invocation and Pledge of Allegiance. Dr. Charles Vance gave the invocation. 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 Vanda , ower 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. None 4. 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. 17,111011 City Council Minutes of May 13, 2008. P & Z Minutes of May 6, 2008. P & Z Minutes of May 12, 2008. Park Board Minutes of March 17, 2008. Park Board Minutes of April 21, 2008. 05-27-08 CC Minutes.dm 3 05-27-08 RESOLUTIONS Resolution appointing Clark McCoy of Wolfe, Tidwell and McCoy as the City Attorney. Council Member Driskell had a question about the drainage issue for Tara Farms and money being in the budget. Council Member Driskell pointed out an error in the City Council minutes of 5113/08 on item 16; nay vote count showed 0 and should be 2. Council Member Crim made the motion to approve. Council Member Green seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 S. ConsideNDiscussfAction regarding a Development Plat for James and Jennifer Day. (Maurtce Schwanke) Maurice Schwanke, Director of Planning and Development led the discussion stating that the Day's were wanting to put in a swimming pool, their property is located in the City's ETJ and a major east/west thoroughfare is proposed to be extended through this property as shown on the plat. The Day's are seeking approval of their development plat and do not wish to move the intended pool from their original location. P & Z is recommending approval of the development plat. Mr. Schwanke stated that staff could not recommend approval of the development plat with the current pool location. Council Member Green made the motion to go in to closed session at 7:55 pm. Council Member Driskell seconded the motion. Motion passes. AYE 3 NAY 2 (CM Crist and Crim) ABSTAIN 0 Council Member Driskell made the motion to return to open session at 8:12 pm. Council Member Crist seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 Council Member Crist made the motion to deny the development plat and gave direction for the City Manager and the City Attorney, to get with the Day's and try to work this issue out. Council Member Green seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 0.x27-08 CC Minutes.dm 4 05-27-08 6. Consider/Discuss/Action regarding a Resolution awarding the GTUA construction of South Plant Pump Station for the City of Anna to the low bidder Crescent Constructors, Inc. for $1,097,000.00. (James Parkman) Jerry Chapman with GTUA was present and reviewed the bid process and the project. Mr. Chapman answered questions from council members and asked council to approve awarding the bid for the South Pumping Plant to Crescent Constructors at $1,097,000.00. Council Member Crim made the motion to approve. Council Member Green seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 7. Consider/Discuss/Action regarding a Resolution rejecting any and all bids for a 300,000 Gallon Ground Tank repair and Renovation and authorizing advertisement for new bids. (James Parkman) James Parkman, Public Works Director reviewed the bid process and answered questions from council members. Mr. Parkman asked that council approve the resolution rejecting all bids because the one bid received on time was higher than what had been budgeted for this project and he felt the bid was to high for the type work to be done. Council Members wanted clarification on the word bids since one bid was received. City Attorney, Clark McCoy stated that one bid had been received on time and opened. Mr. McCoy further stated that two more bids had been received past the opening of bids, therefore it needed to be stated that any and all bids needed to be rejected. Council Member Crim made the motion to approve the resolution. Council Member Driskell seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 6. Consider/Discuss/Action regarding a Resolution awarding the bid for Interurban and Eighth Street, Old Downtown Road Reconstruction Project to the low bidder Access Paving for $91,300.00 (Base Bid plus Type "A" Base). (James Parkman) James Parkman, Public Works Director reviewed the bid process and answered questions from council members. Staff recommends awarding the project to Access Paving, Inc. for $91,300.00. Engineer, Joe Helmberger has examined references and also recommends awarding the project to Access Paving, Inc. Council Member Driskell made the motion to approve the resolution. Council Member Crist seconded the motion. Motion passes. 05-27-08 CC MinUWS.dM 5 05-27-08 AYE 5 NAY 0 ABSTAIN 0 9. Consider/Discuss/Action regarding a Resolution closing 4h Street for a July 4s' Celebration. (Philip Sanders) City Manager, Philip Sanders reviewed the resolution to enter into an agreement with TXDOT for the closure of Of St. for the Anna Independence Day Celebration. Council Members and staff discussed this becoming an annual event. Stacy Driskell, President of the Greater Anna Chamber of Commerce spoke to council about the event and making it an annual event. Council Member Crist made the motion to approve the resolution and establish this as an annual event. Council Member Green seconded the motion. Motion passes. AYE 4 NAY 0 ABSTAIN 0 Council Member Crim "the meeting at 8:30 pm. before a vote was taken. 10. Consider/Discuss/Action regarding an ordinance increasing the ATMOS Franchise Fee. (Philip Sanders) City Manager, Philip Sanders explained to council the current ATMOS Franchise Agreement of 4% and that raising the fee to 5% would raise minimal revenues for the city. Council Members voiced their concerns of the being a tax passed on to residents which would increase the average household bill and increase the Anna ISD's gas bill which would in tum be passed on to the residents. Council Member Grist made the motion to deny. Council Member Driskell seconded the motion. Council Member Deragon arrived toward the end of the discussion at 8:31 pm and abstained from the vote because he was not present for the entire discussion. AYE 0 NAY 4 ABSTAIN 1 (CM Deragon) 11.Consider/Discuss/Action regarding an ordinance amending the water rate for former South Grayson Customers. (Philip Sanders) City Manager, Philip Sanders reviewed the rates currently being charged to former South Grayson Water System customers and recommended that the rates stay the same through September 30, 2008. Council Member Green stated that he would like to see a graduated increase over three months when council revisits this item in September to raise the rates for SGWS customers. 05-27-08 CC Knut"Am 6 05-27-08 12.ConsidedDiscussfAction regarding a resolution for Northpoints Developer Agreement. (Philip Sanders) City Manager, Philip Sanders reviewed the background for the current facilities agreement and summarized four items that are in the new amended agreement: (1) references what was actually constructed and settles on a cash payment of $286,000 as the remainder owed by the City to the developer for the off-site sewer improvements; (2) includes an exhibit, and specifies the type and timing of trail improvements; (3) outlines a timetable for the construction of the arnenity centers; (4) outlines the developer's obligation as it relates to the deceleration lane. Council Member Crist made the motion to approve. Council Member Green seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 13.ConsiderfDiscuss/Action regarding an Ordinance amending the City of Anna Personnel Policy Manual regarding purchasing and contracting authority of City and City Manager. (Clark McCoy) City Manager, Philip Sanders reviewed the purchasing and contracting authority of the City and City Manager. Mr. Sanders recommended that the personnel policy manual be brought up to date to reflect the $50,000.00 the last legislative session raised the maximum amount for contracts that municipalities may enter into without using competitive bidding procedures. Council Member Green made the motion to approve. Council Member Crist seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 14. Discussion regarding a request from Waste Management for a rate increase. (Wayne Cummings) Assistant City Manager, Wayne Cummings gave a brief background on the current contract and that it does allow for requests for increases for commercial trash dumpsters and roll -off containers. Mr. Cummings introduced John Klaiber with Waste Management. Mr. Klaiber made a presentation and answered questions from council members on his rate increase request. 15. Discussion regarding the Budget calendar. City Manager, Philip Sanders reviewed the budget calendar and offered dates for two budget workshops. Council members preferred having meetings for the workshops on the off Tuesday's from council meetings. 05-27-08 CC MinuWs.doc 7 05-27-08 16. Future agenda items. a. Discussion regarding Charter Amendments (CM Green) b. Discussion regarding Sign Ordinance amendments for signage on U.S. 76 (CM Green) c. Discussion regarding vacancy in Place 6. (CM Driskell) d. Discussion regarding drive through beer sales for establishments over 6,000 square feet of in door retail space (a) Council Member Green led the discussion and a suggestion for a sub committee to review suggested charter amendments. Without a motion being made the consensus is to have this on the next meeting agenda to discuss further. (b) Council Member Green made the recommendation to have Maurice Schwanke investigate and bring an ordinance to council amending the sign ordinance regarding the height and size of signs on Hwy 75. Council Member Green made a motion. Council Member Crist seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 (c) Council Member Driskell led the discussion and made the recommendation to have this on the next city council agenda for action. Council members discussed their options. Council Member Green made the motion to have this item on the next agenda for discussion only. Council Member Deragon seconded the motion. Motion passes. AYE 4 NAY 1 (CM Driskell) ABSTAIN (d) Council Member Anderson led the discussion for allowing drive thru beer sales for buildings 5,000 square feet and over. Council Members discussed the required square footage. Council Member Green made the motion to have an ordinance on the next agenda that allows drive thru beer sales on indoor retail space 6,000 sq. ft. Council Member Anderson seconded the motion. Motion passes. AYE 4 NAY 1 (CM Crist) ABSTAIN 10 minute recess. Enter closed session at 9:32 pm. Council Member Crist made the motion to go into closed session at 9:20 pm. Council Member Green seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 05-27-08 CC Minutin.doc 8 05-27-08 ATt: 0 ry T V MDO 1 V11 V 17.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 5 NAY 0 ABSTAIN 0 18.Adjourn: Council Member Crist made the motion to adjourn at 10:56 pm. Council Member Green seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 ATTEST: Na a Wilkison, City Secretary APPROVED: (I�L Kevin Anderson, Mayor Pro Tem 05-27-05 CC Minutes.doc 9 W27-09