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HomeMy WebLinkAbout2008-06-24 Workshop/Closed Session & Regular Meeting MinutesMINUTES OF CITY OF ANNA WORKSHOP MEETING AGENDA AND CLOSED SESSION AGENDA JUNE 24, 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, June 24, 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. Roil Call and Establishment of Quorum. Mayor Kenneth Pelham and Council Members Mike Crist, Kevin Anderson, Keith Green, Darren Driskell and Billy Deragon were present. 3. Discussion regarding the merits of proposed Charter Amendments. City Manager, Philip Sanders requested a month for staff to review and make recommendations on the suggested Charter Amendments that Council as a whole would like placed on the November ballot. August 26, 2008 is the deadline for placement on the ballot for the November Election. City Attorney, Clark McCoy stated there are some legal issues to be discussed in closed session. Council Member Anderson made the motion to enter closed session at 6:33 pm. Council Member Green seconded the motion. Motion passes. AYE 6 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); 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); 06-24-08 Cc Minutea.dw 1 06-2408 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 Members returned from dosed session at 7:12 pm. Discussion regarding Council Member Crisi's suggested charter amendments: Council Members discussed modification to the elections section to leave council seats vacant and empty in the event of no person running for the seat. (Section 3.05) City Manager, Philip Sanders asked for clarification from Council Member Crist, that the language is'if no one is running the place automatically becomes vacant until an election is held. The consensus was to have specific ballot language brought back to council. (AYE 4 votes and MAY 2 votes, Council Member Deragon and Mayor Pelham) Council Member Crist explained the thought behind modifying the role of mayor to vote only to break a tie (section 3.04). Members briefly discussed the item. The consensus was unanimous against making this modification. Council Member's discussed Council Member Greens suggestion to allow residents of the ETJ to be appointed to Council Boards and Commissions including the CDC and EDC. The consensus is in favor of bringing back ballot language to council. (AYE 4 votes and NAY 2 votes, Council Member Deragon and Mayor Pelham). Council Members discussed Mayor Pelham's suggested charter amendment on the disaster clause to piece the ranking member of the Planning and Zoning Commission on the committee (along with the ranking School Board Member and the Coffin County Judge) which is charged with appointing a "Commission" to act on behalf of the City during the emergency (Section 12.09). The consensus is in favor of bringing back ballot language to council. (AYE 4 votes and NAY 2 votes, Council Members Crist and Driskell). Council Members discussed Council Member Anderson's suggested charter amendment that would allow council members to run for other elected offices without giving up their seat. If elected, they would still automatically forfeit their seat. The consensus is in favor of bringing back ballot language to council. (AYE 4 votes and NAY 2 votes, Council Member Deragon and Mayor Pelham). Mayor Pelham stated that time had run out for discussion of the last four items and they would be placed on the next workshop agenda. 5. Discussion regarding any item on the City Council's June 24, 2008 Regular Meeting Agenda. None 6. Adjourn. Council Member Green made the motion to adjourn. Council Member Anderson seconded the motion. Motion passes. 06-24-09 CC Minutes.doc 2 06-2409 AYE 6 NAY 0 ABSTAIN ATTEST: APPROVED: 06-24-08 CC Minutes.doc 3 W24-08 MINUTES OF CITY OF ANNA REGULAR MEETING AGENDA JUNE 24, 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, June 24, 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 together at 7:30 pm. 2. Invocation and Pledge of Allegiance. Pastor Rob Simmons led 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 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. None 4. 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. "I,ll.ltYi�.9 City Council Minutes of June 10, 2008. City Council Minutes of June 3, 2008. DEVELOPMENT PLAT Development Plat for James and Jennifer Day. (Maurice Schwanke) 06-24-08 CC Minutes.doc 4 0624-08 Council Member Crist made the motion to approve the consent items. Council Member Green seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 S. Consider/Discuss/Action regarding approving the Municipal Judge contract (Mayor Pelham) Mayor Pelham made the recommendation to approve the contract for the Municipal Judge, David C. Indorf. Council Member Driskell made the motion to approve. Council Member Crist seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 6. Consider/Discuss/Action regarding and Ordinance by the City Council of the City of Anna, Texas relating to Greater Texoma Utility Authority Contract Revenue Bonds, Series 2008 (City of Anna project); and approving the issuance thereof and the facilities to be constructed or acquired by such authority. (Wayne Cummings) Assistant City Manager, Wayne Cummings reviewed this item and answered questions from council members. Jerry Chapman with GTUA spoke to council members regarding this item and answered questions from council members. Council Member Anderson made the motion to approve. Council Member Crist seconded the motion. Motion passes. 7. Public Hearing a. To consider public comment regarding zoning change initiated by the City of Anna from C-1 Restricted Commercial to Central Business Redevelopment District (CBRD) in the Anna Original Donation, Block 4, Lots eleven (11) through fourteen (14) located in the 100 block of West Fourth Street (Maurice Schwanke) Mayor Pelham opened the public hearing at 7:39 pm. Maurice Schwanke, Director of Planning and Development gave a brief review of the item. There were no comments. Mayor Pelham closed the Public hearing at 7:41 pm. b. Consider/Discuss/Action regarding a Ordinance changing the Zoning from C-1 Restricted Commercial to Central Business Redevelopment District (CBRD) on a recommendation by P & Z 06-2408 CC Minutes.doc 5 06-2408 regarding a zoning change initiated by the City of Anna in the Anna Original Donation, Block 4, Lots eleven (11) through fourteen (14). (Maurice Schwanke) Council Member Driskell made the motion to approve. Council Member Crist seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 8. Public Hearing a. To consider public comment on recommendations regarding proposed amendments to the City of Anna Zoning Ordinance; Section 32 F -B Food -Beverage Overlay District (Maurice Schwanke) Mayor Pelham opened the public hearing at 7:42 pm. Maurice Schwanke, Director of Planning and Development gave a brief overview of the item and answered questions from council members. There were no further comments. Mayor Pelham closed the public hearing at 7:44 pm. b. Consider/Discuss/Action regarding an Ordinance amending the City of Anna Zoning Ordinance; Section 32 F -B Food Beverage Overlay District on a recommendation by P & Z. (Maurice Schwanke) Council Member Green made the motion to approve. Council Member Crist seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 9. Consider/Discuss/Action regarding a Resolution adopting Rules of Procedure for Council Meetings. (Clark McCoy) City Attorney, Clark McCoy summarized the rules by out lining the obligations of the presiding officer, rules for discussion and debate and the rules for making and handling motions during a meeting. Mr. McCoy answered questions from council members. Council Member Crist made the motion to approve. Council Member Driskell seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 06-24-06 CC Minwtes.doc 6 W24-08 10.Consider/Discuss/Action regarding a Resolution authorizing the City Manager to enroll the City of Anna, Texas as a member in the Greater Anna Chamber of Commerce, Incorporated and to pay Membership Fees as required. (Philip Sanders) City Manager, Philip Sanders stated this item was voted on by council at its last meeting to be placed on the agenda as an action item. Council Member Green made the motion to approve. Council Member Crist seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 11.Consider/Discuss/Action regarding a Resolution Designating the Greater Anna Chamber of Commerce Incorporated as the local Chamber of Commerce referenced under Article 12, Section 12.09 of the City of Anna, Texas Home -Ruts Charter. (Philip Sanders) City Manager, Philip Sanders stated that this item was voted on during the June 10' meeting to be placed on this agenda as an action item. Council Member Anderson made the motion to approve. Council Member Crist seconded the motion. Motion passes. 12.Consider/Discuss/Action regarding an Ordinance Adopting the National Incident Management System (NIMS) as the Standard for Incident Management by the City of Anna, Texas. (Kenny Jenks) Police Chief, Kenny Jenks stated that to be eligible for Federal Grant Money, the Federal Government has mandated that all jurisdictions adopt NIMS as their system for dealing with disasters and other emergencies. Council Member Driskell made the motion to approve. Council Member Green seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 13. Consider/Discuss/Action regarding a Resolution approving a County Mutual Aid Agreement (Larry Bridges) Fire Chief, Larry Bridges was present and recommended approval of the resolution approving a County Mutual Aid Agreement. Council Member Crist made the motion to approve. Council Member Anderson seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 06-24-08 CC Minutes.doc 7 00-2408 14. ConsidertDiscuse/Action regarding a Resolution establishing a parade route and rules. (Kenny Jenks) Police Chief, Kenny Jenks reviewed the proposed parade route and answered questions from council members. Council Member Driskeil made the motion to approve. Council Member Crist seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 16. Consider/Discuss/Action regarding a Resolution authorizing participation in the Collin Council Park and Open Space Grant Program. (Maurice Schwanks) Maurice Schwanke, Director of Planning and Development reviewed the specs of the application and grant stating the preliminary budget for the project is $255,000.00. Mr. Schwanke answered questions from council members. Council member Crist made the motion to approve. Council Member Driskell seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 16. Discussion regarding Sign Ordinance Amendments. Maurice Schwanke, Director of Planning and Development presented a slide show to review current signs in the City and previewing what the proposed changes in the sign ordinance would look like. Mr. Schwanke answered questions from council members. Council Member Crist would like to some sort of beautification at the base of the signs. Council Member Green and Mayor Pelham think the changes would be good for the sign ordinance. City Manager, Philip Sanders stated that this item is for discussion only and would be on the next agenda as a action hem. 17.Consider/Discuss/Action regarding filling vacancies and reappointments/new appointments to the Planning and Zoning Commission. City Manager, Philip Sanders reviewed that the Committee to review the applications for the boards and commissions and are making their recommendations. Council Member Crist briefed council on their selections and answered questions from council members. Candidate Mark Hendricks and Nancy Pennington were present and spoke to council. David Woods was nominated by the review committee and Mark Hendricks was nominated by Council Member Deragon. David Wood received 4 votes and Mark Hendricks received 2 votes (Council Member Deragon and Green). David Wood will serve in Place 1. •. �. , r.... _I., The review committee nominated Mark Hendricks for Place 2. Council Member Deragon nominated Jon Hendricks, Mark Hendricks received 4 votes and Jon Hendricks received 2 votes (Council Member Deragon and Mayor Pelham). Mark Hendricks will serve in Place 2. The review committee nominated William Bentley Powell for Place 4. Council Member Deragon nominated Jon Hendricks. William Bentley Powell received 3 votes and Jon Hendricks received 3 votes. Mayor Pelham declared a tie. City Attorney, Clark McCoy stated that a P & Z member cannot sit more than 3 consecutive terms and that it is retro active before the Charter. Jon Hendricks is ineligible to serve. William Bentley Powell will serve in Place 4. The review committee nominated Nancy Pennington. The vote was unanimous. Nancy Pennington will serve in Place 6. 18.Corrsider/DiscusstAction regarding filling vacancies and reappointmentsinew appointments to the Board of Adjustments. The review committee nominated Jon Hendricks for Place 1. The vote was unanimous. Jon Hendricks will serve in Place 1. The review committee nominated J. W. Finley, Jr, for Place 2. The vote was unanimous. J. W. Finley. Jr. will serve in Place 2. The review committee nominated Lonnie Friesen for Place 4. The vote was unanimous. Lonnie Friesen will serve in Place 4. The review committee nominated Molly Young for Place 5. The vote was unanimous. Molly Young will serve in Place 5. The review committee nominated William Ballantyne for Alternate 2. The vote was unanimous. William Ballantyne will serve as Alternate 2. 19.Consider/Discuse/Action regarding filling vacancies and reappointmentsinew appointments to the Park Board. The review committee nominated Deborah Dennis for Place 2. The vote was unanimous. Deborah Dennis will serve in Place 2. The review committee nominated Rachel Lyons for Place 4. The vote was unanimous. Rachel Lyons will serve in Place 4. M24-08 CC Minutas.doc 9 06-24-08 20.Consider/Discuss/Action regarding filling reappointmentsinew appointments to the Technology Advisory Commission. The review committee nominated Eric Howton for Place 2. The vote was 5 for and 1 against (Council Member Deragon). Eric Howton will serve in Place 2. The review committee nominated Chades Ball for Place 4. The vote was unanimous. Charles Ball will serve in Place 4. 21.Consider/Discuss/Action regarding filling vacancies and reappointments/new, appointments to the Anna Community Development Corporation. The review committee nominated Molly Young for Place 1. Council Member Deragon nominated J. W. Finley, Jr. Molly Young received 4 votes and J. W. Finley, Jr. received 2 votes (Council Member Deragon and Mayor Pelham. Molly Young will serve in Place 1. The review committee nominated Darren Driskell for Place 2. The vote was 5 for and 1 against (Council Member Deragon). Council Member Darren Driskell will serve in Place 2. The review committee nominated Duane Hayes for Place 3. The vote was 5 for and 1 against (Council Member Deragon). Duane Haves will serve in Place 3. The review committee nominated Connie Stump for Place 4. Council Member Deragon nominated J. W. Finley, Jr. The vote was 5 for Connie Stump and 1 vote for J. W. Finley, Jr. (Council Member Deragon). Connie Stumo will serve in Place 4. The review committee nominated Sherilyn Godfrey for Place 6. The vote was unanimous. Sherilyn Godfrey will serve in Place 6. The review committee nominated Bill Olsen for Place 7. Council Member Deragon nominated Jon Hendricks. The vote was 4 for Bill Olsen and 2 for Jon Hendricks (Council Member Deragon and Mayor Pelham. Bill Olsen will serve in Place 7. 22.Consider/Discuss/Action regarding filling vacancies and reappointments/new, appointments to the Anna Economic Development Corporation. The review committee nominated Rob Simmons for Place 1. The vote was unanimous. Rob Simmons will serve in Place 1. 06-24-08 CC Minutmdw 10 0624-08 The review committee nominated Michael Williams. Council Member Crist nominated himself. Council Member Deragon nominated Council Member Darren Driskell and Council Member Anderson nominated himself. Council Member Crist received 5 votes and Council Member Driskell received 1 vote (Council Member Anderson). Council Member Crist will serve in Place 2. The review committee nominated Lonnie Friesen for Place 4. Council Member Green nominated Council Member Kevin Anderson. The vote was 5 for Lonnie Friesen and 1 vote for Kevin Anderson (Council Member Green). Lonnie Friesen will serve in Place 4. 23.Consider/Discuss/Action regarding accepting Council Member Deragon's resignation as Council liaison to the Anna Economic Development Corporation and appoint a new Council liaison. Council Member Anderson made the motion to accept Council Member Deragon's resignation. Council Member Crist seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN Council Member Anderson nominated Council Member Driskell as the liaison to Anna EDC. Council Member Deragon seconded the nomination. The vote was unanimous. Council Member Driskell will serve as liaison to the Anna EDC. 24. Consider/Discuss/Action regarding a Resolution making an appointment to fill the vacancy in Place 6. (Clark McCoy) City Attorney, Clark McCoy reviewed council's options. Council Members discussed candidate's qualifications. Council Member Deragon nominated Deborah Dennis. Council Member Driskell nominated Becky Glover. Mayor Pelham recommended having Council Member Deragon resign, leaving Place 6 vacant and having a Special Election in November to fill the Vacancy. Council Member Deragon made the motion to go into executive session at 8:51 pm. Council Member Crist seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 Council returns to open session at 9:02 pm. Council takes a 8 minute break and the meeting resumes at 9:10 pm. Council Member Deragon stated that if council called for a special election at the next city council meeting that he would resign right after that. 06-24-08 CC Minutmdoc 11 06-24-08 Council Members continued to discuss their options and City Attorney, Clark McCoy answered their questions. A vote was taken on the nominations. Becky Glover received 2 votes (Council Members Crist and Driskell. Deborah Dennis received 1 vote (Council Member Deragon). To take no action received 3 votes (Council Members Anderson and Green and Mayor Pelham. Mayor Pelham made the motion to take no action. Council Member Anderson seconded the motion. The motion passes. AYE 4 NAY 2 (CM Crist and Driskell) ABSTAIN 0 26.Consider and act upon items listed under Closed Session, as necessary. Council Member Crist makes the motion to take no action. Council Member Anderson seconds the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 City Manager, Philip Sanders requested to return to executive session. Council Member Crist made the motion to go into executive session at 9:20 pm. Council Member Green seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 Council returns from executive session at 9:26 pm. 26.Adjoum: The recording ends and I don't have who made motions. Notes indicate that the meeting was adjourned at 9:27 pm. ATTEST: APPROVED: 06-24-08 00 Minutes.CIM 12 06-24-6