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Home My WebLink About2009-01-13 Workshop/Closed Session & Regular Meeting MinutesMINUTES OF CITY OF ANNA AGENDA NOTICE -CITY COUNCIL WORKSHOP/CLOSED SESSION January 13, 2009 6:30 p.m. -Anna City Hall Administration Building The City Council of the City of Anna met in Workshop Session and Closed Session at 6:30 p.m., Tuesday, January 13, 2009, 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 Can and Establishment of Quorum. Present were Mayor Kenneth Pelham and Council Members Mike Crist, Kevin Anderson, Keith Green, Darren Driskell and Becky Glover. 3. Discussion regarding smoking ordinance. (Philip Sanders) City Manager, Philip Sanders explained changes made to the draft ordinance from previous discussions with council. Council Members and staff discussed ways to get input from residents of Anna. Council Members decided to have two (2) public hearings, one on January 27,2009 and one on February 10, 2009. Council Member Driskell made the motion to go into Closed Session at 6:39 pm. Council Member Anderson seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN o 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 1551.072); 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 1551.071); c. Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City Council has received from a business prospect that the City Council seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City Council is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other Incentive to a business prospect described by subdivision (1). (Tex. Gov't Code 1551.087) The council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any appDuble exception to the Open Meetings Act. Council Member Anderson made the motion to return to Open Session at 7:28 pm. Council Member Green seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN o 5. Discussion regarding any item on the City Council's January 13, 2009 Regular Meeting Agenda. Council Member Crist made the motion to take no action. Council Member Green seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN o 6. Adjourn. Council Member Anderson made the motion to adjourn at 7:29 pm. Council Member Crist seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN o ATTEST: APPROVED: MINUTES OF CITY OF ANNA AGENDA NOTICE -CITY COUNCIL REGULAR MEETING January 13, 2009 7:30 p.m. -Anna City Hall Adnilnistratlon Building The City Council of the City of Anna met in Regular Session at 7:30 p.m., Tuesday, January 13, 2009, at the Anna City Hall Administration Building, located at 111 North Powell Parkway (Hwy 5), to consider the following items. 1. Can to Order. Mayor Kenneth Pelham called the meeting to order at 7:30 pm 2. Invocation and Pledge of Allegiance. Council Member Driskell gave the invocation. 3. Citizen comments. CItIzens af8 allowed 3 min"" to speak. The Council Is unable to f8Spond to or discuss any Issues that af8 brought up during this section that af8 not on the agenda, other than to make statements of speeif'1e factual infonnation in f8Sponse to a citizen's Inquiry or to f8C1te existing policy in f8Sponse to the Inquiry. Dalisa Owens presented a pamphlet to council with an example of a magazine called "Home Town Ties" that she will be working on for the City of Anna. 4. Consent Items. These Items consist of non-controv8ISial or "housekeeping" items requlf8d by law. Items may be consldef8d Individually by any Council member making such request prior to a motion and vote on the Consent Items. a. Approve Minutes of Regular City Council Meeting, December 9, 2008. b. Approve Minutes of P & Z Commission Meeting, December 2, 2008. c. Consider/Discuss/Act on recommendation regarding "Chapman Addition" flnal plat (Maurice Schwanke) d. Consider/DiscuSS/Act on recommendation regarding development plat for Timothy Adams. (Maurice Schwanke) e. ConslderlDiscuss Act on recommendation regarding the re-plat of "Anna Retail Addition" for the KFC-Taco Bell restaurant (Maurice Schwanke) f. ConslderlDlscuss/Act on recommendation regarding the site plan and landscape plan for "KFC-Taco Bell". (Maurice Schwanke) Council Member Crist wished to vote on items e and f of the consent items separately. Council Member Crist made the motion to approve consent items 1 through d. Council Member Green seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN o Council Member Crist had questions for Maurice Schwanke, Director of Planning and Development regarding the civil plans and TxDOT permit. Mr. Schwanke has received the civil plans with corrections but the TxDOT permit has not been received. Council Member Crist made the motion to approve item e with the condition of receiving TxDOT's permit approval. Council Member Green seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN o Council Member Crist made the motion to approve item f with the same condition the approval of TxDOT's permit. Council Member Green seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN o Council Member Anderson made the motion to go into Closed Session at 7:38 pm. Council Member Crist seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN o Council Member Crist made the motion to return to Open Session at 8:33 pm. Council Member Anderson seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN o Recess and return at 8:39 pm. 5. Consider/Discuss/Action regarding Adopting an Ordinance authOrizing the Issuance and sale of Combination Tax and Revenue Certificates of Obligation, Senes 2009; levying an annual ad valorem tax and providing for the security for and payment of said certificate; and enacting other provisions relating to the subject. (Wayne Cummings) City Manager, Philip Sanders reviewed the previous actions of council to issue and sale Certificates of Obligation to fund the purchase and renovation of the Independent Bank building and to fund the construction of the Public Works Office and Warehouse Building. Jim Sabonis with First Southwest Company was present and reviewed the Tabulation of Bids; the existing General Obligation Debt; the Upcoming Series 2009 I & S Tax Rate Impact Analysis; the Water and Sewer System Coverage Analysis and answered questions from council members and staff. Council Member Green made the motion to approve. Council Member Crist seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN o 8. Consider/DiscussiAction regarding Adopting an ordinance authorizing the Issuance and sale of Combination Tax and Revenue Refunding Bonds, Series 2009; levying an annual ad valorem tax and providing for the security for and payment of said bond; and enacting other provisions relating to the subject. (Wayne Cummings) Council Member Crist made the motion to approve. Council Member Driskell seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN o 7. Conslder/DiscussiAction regarding approving an Agreement between the City of Anna and Anna ISO regarding City Penna and Impact Fees. (Philip Sanders) City Manager, Philip Sanders reviewed the essential elements of the agreement. The Anna ISO has agreed to pay a reduced building-permit-fee rate in the amount of $3.75 and it shall pay impact fees imposed or assessed by the City under the City's impact fee ordinance. The agreement further states that the district acknowledges and agrees that the City has fully paid the purchase price and forever discharges its obligation under the Park Agreement of March 20, 2006. Council Member Crist made the motion to approve. Council Member Green seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN o 8. ConslderlDlscussiAction regarding approving a Resolution Authorizing the City Manager to Execute a Wastewater Treatment Agreement (Rattan Easement Agreement). (Philip Sanders) City Attorney, Clark McCoy explained that council could approve the resolution authorizing the City Manager to execute a wastewater treatment agreement after some minor changes have been worked out. Council Member Driskell made the motion to approve with a change to the consultant fees being limited to $10,000.00. Council Member Anderson seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN o 9. ConslderlDiscussiAction regarding approving a Resolution AuthOrizing the City Manager to Execute a Real Estate Sales Contract to Purchase the Independent Bank Building. (Kenny Jenks) City Manager, Philip Sanders reviewed the contract and recommended council approve authOrizing the City Manager to execute closing documents when clOSing occurs this year. Council Member Crist made the motion to approve with the condition that the environmental assessment and title agreement be completed. Council Member Driskell seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN o 10. Consider/DiscussiAction regarding approving a Construction Contract for Natural Springs Park. (Maurice Schwanke) City Manager, Philip Sanders requested that council table this item until their January 27, 2009 meeting to receive clarification on some issues with the contract. Council Member Green made the motion to table. Council Member Anderson seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN o 11. Consider/DiscusslAction regarding the Purchase of a Rescue Vehicle and new Rescue Tools. (Kenny Jenks) Kenny Jenks, Chief of Police stated that in preparation for an ISO study the Anna VFD has been searching for a Rescue Vehicle. They have found a used vehicle for $55,000.00 and are requesting to replace older rescue tools with new tools for $22,205.00 for a total of $77,205.00. Council Member Driskell made the motion to approve. Council Member Anderson seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN o 12. ConsiderlDlscussiAction regarding the Mantua Development (Philip Sanders) City Manager, Philip Sanders summarized the January 3, 2009 Special Meeting with the Mantua Development Group and recommended that further negotiations exclude an ETJ MUD and include 6 points that staff is recommending. Mayor Pelham made the motion for staff to continue negotiations to include staff recommendations listed in the memo. Council Member Green seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAINED 0 13. Consider/DiscuSS/Action regarding approving the Impact Fee Advisory Committee. (Maurice Schwanke) Maurice Schwanke, Director of Planning and Development stated that the Impact Fee Advisory Committee needs a member from the ETJ and a member of the Real Estate DeveloperlBuilding Industry. Council Member Driskell recommended Gary Billups and Christy Pinion. Council Member Glover recommended Gary Billups and Tim Bates. Council Members voted unanimously for Gary Billups. Tim Bates received 5 votes and Christy Pinion received 1 vote (CM Driskell). Gary Billups and Tim Bates will sit on the Impact Fee Advisory Commission. 14. ConsiderlDiscuss/Actlon on any items listed on posted agenda for January 13, 2009 City of Anna Workshop Session and Closed Session, or any closed session occurring during this Regular Meeting, as necessary. Council Member Crist made the motion to take no action. Council Member Green seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN o 15. Adjourn. Council Member Anderson made the motion to adjourn at 9:10 pm. Council Member Glover seconded the motion. Motion passe$. AYE 6 NAY 0 ABSTAINED 0 ATTEST: APPROVED: