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Home My WebLink About2009-03-24 Workshop/Closed Session & Regular Meeting MinutesMINUTES OF CITY OF ANNA AGENDA NOTICE -CITY COUNCIL WORKSHOP/CLOSED SESSION March 24, 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, March 24, 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 Call and Establishment of Quorum. Mayor Pelham and Council Members Mike Crist, Kevin Anderson, Darren Driskell and Becky Glover were present. Council Member Keith Green was absent. 3. Discussion regarding Ground Water Districts. City Manager, Philip Sanders led the discussion briefing council on meetings and legislation pending concerning ground water districts. Mr. Sanders answered questions from council members. 4. Discussion regarding Utility Rates. City Manager, Philip Sanders led the discussion by reviewing actions that council took at the end of the year and reviewing the options council had to pay for infrastructure debt incurred over the last few years. Mr. Sanders answered questions from council members. Dirk Callison and Scott Wortham from Anna ISO spoke regarding the rate increase and the increase in the district's water bills and trying to find a solution to reduce the school districts water bill which has tripled with the new rates. 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 1551.072); b. consult with legal counsel on matters in which the duty of the attomey to the govemmental 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); c. Discuss or deliberate Economic Development Negotiations: 03-24-09 CC Minutes.doc 03-24-09 (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) d. Personnel: Discussion regarding Anna EDC Members and Anna CDC Members. (Government Code, Section 551.074). e. Personnel: Discussion regarding annual evaluation of City Attorney. (Government Code, Section 551.074). The eouncil further reserves the right to enter into exeeutive session at any time throughout any duly notieed meeting under any applieable exeeption to the Open Meetings Ad. 6. Discussion regarding any Item on the City Council's March 24, 2009 Regular Meeting Agenda. None 7. Adjourn. Council Member Crist made the motion to adjourn at 7:27 pm. Council Member Driskell seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN o ArrEST: APPROVED: 03-24-09 cc Minutes.doc 2 03-24-09 MINUTES OF CITY OF ANNA AGENDA NOTICE -CITY COUNCIL REGULAR MEETING March 24, 2009 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, March 24, 2009, at the Anna City Hall Administration Building, located at 111 North Powell Parkway (Hwy 5), to consider the following items. Welcome to the City Council Meeting. Please sign the Sign-In-Sheet as a recon:J of attendance. If you wish to speak on an open-session agenda item please fill out the OpinionlSpeaker Registration Form and tum it in to the City Secretary before the meeting starts. 1. Call to Order. Mayor Kenneth Pelham called the meeting to order at 7:33 pm. 2. Invocation and Pledge of Allegiance. Jonathan Elliot gave the invocation. 3. Citizen comments. Citizens a,. allowed 3 minutes to speak. The Council hi unable to respond to 01' dhJcusa any iasues that a,. brought up during this section that a,. not on the agenda, other than to make stammems of specific factuallnfonnatlon in rasponse to a cltlzen's inquiry 01' to I1JCIte exJlttlng polley in response to the Inquiry. None 4. Presentation of a Certlftcate of Appreciation to Boy Scout Troop #26. (Mayor Pelham) Mayor Pelham made the presentation to Boy Scout Troop #26. 5. Presentation of a Certlftcate of Appreciation to First Baptist Anna Youth Group. (Mayor Pelham) Mayor Pelham made the presentation to First Baptist Anna Youth Group. 6. Consent Items. These Items consist ofnon-controverslal or "housekeeping" Items requiRJd by law. Items may be consldererllndivldually by any Council member malrlng such request prior to a motion and vote on the Consent Item.. a. Approve Minutes of Regular City Council Meeting March 10, 2009. b. Approve a Resolution Supporting a Comprehensive, Coordinated. Interagency Approach to Freeway Incident Management. (Kenny Jenks) 03-24-09 CC Minutes.doc 3 03-24-09 c. Approve a resolution accepting the contract with Dickerson Construction Co., Inc. for the City of Anna Slater Creek Sanitary Sewer Main Extension Project _ complete. (James Parkman) d. Consider/Discuss/Action approving an agreement between the Anna EDC and Birkhoff, Hendricks, and Conway LLP Engineering Company for engineering design services for the EDC business park. (Jessica Perkins) City Manager, Philip Sanders asked that item c be removed from consideration. Council Member Crist had some questions and comments on item b. Council Member Crist made the motion that items a, b, and d be approved. Council Member Glover seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN o Mayor Pelham made the motion to enter executive session at 7:41 pm. Council Member Anderson seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN o Council Member Anderson made the motion to return to open session at 8:32 pm. Council Member Glover seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN o There was a 5 minute recess. The meeting resumes at 8:38 pm. 7. Public Hearing: (1st) For City Council to hear public comment regarding annexation initiated by the City of Anna to annex property currently owned by AnnaLand LTD, Wood Oak Hollow LLC, and commonly known as Oak Ridge. The property contains approximately 753 acres and Is generally located adjacent to East Fork Estates and on County Roads 210. 21S. 827 and Farm to Market Highway 455. (Maurice Schwanke) Mayor Pelham opened the public hearing at 8:41 pm. Maurice Schwanke, Director of Planning and Development showed council the location of the property. There was no public comment. Mayor Pelham closed the public hearing at 8:42 pm. 8. Public Hearing: (1st) For City Council to hear public comment regarding annexation initiated by the City of Anna to annex property currentiy owned by Daniel James and Birgit O. Cahill. The property contains approXimately 14 acres and is generally located adJacent to County Roads 210 and 827. (Maurice Schwanke) Mayor Pelham opened the public hearing at 8:41 pm. Maurice Schwanke, Director of Planning and Development showed council the location of the 03-24..()9 CC Minutes.doc 4 03-24-09 Cahill property and introduced Mr. Cahill. The Cahill's are in favor of the annexation. Mayor Pelham closed the public hearing at 8:42 pm. 9. (a) Public Hearing To consider public comment on a request by Joe Dell, representative for MGP AcquiSitions, to revise the existing Planned Development (PD) zoning on a 1.8675 acre tract of land (Westfield, Block B, Lot 1). The property is located south of West White Street and west of Westfield Drive. (Maurice Schwanke) Mayor Pelham opened the public hearing at 8:42 pm. Maurice Schwanke, Director of Planning and Development explained the request to revise the existing PO zoning. Mr. Joe Dell representative for MGP Acquisitions was present and spoke in favor of the request to revise the existing PD. Mayor Pelham closed the public hearing at 8:46 pm. (b) Consider/Discuss/Action regarding an ordinance for a zoning request to revise an existing Planned Development (PD) zoning on a 1.8675 acre tract of land (Westfield Addition, Block B, Lot 1). (Maurice Schwanke) Council Member Driskell made the motion to approve. Council Member Crist seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN o 10. Consider/Discuss/Action regarding approval of the re-plat (Westfield Addition, Block B, Lot 1). (Maurice Schwanke) Maurice Schwanke, Director of Planning and Development presented the re plat to council. Council Member Crist made the motion to approve. Council Member Glover seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN o 11. Consider/Discuss/Action regarding an ordinance on Budget Amendments. (Wayne Cummings) Wayne Cummings, Assistant City Manager presented the budget amendments to council and answered questions from council members. Council Member Glover made the motion to approve. Council Member Crist seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN o 12. Consider/DiscuSS/Action regarding an ordinance amending the City of Anna Code of Ordinances by amending Part II, ArtIcle 33, Health and Sanitation, by adding Section 1, Smoking. (Philip Sanders) City Manager, Philip Sanders presented the ordinance to council. Council Member Crist made the motion to approve. Council Member Glover 03-24-09 CC Minutes.doc 5 seconded the motion. Council Member Anderson stated that he supported the ordinance but would like to see item (g) stricken. Council Member Anderson doesn't think we should govern the HOA's. Mayor Pelham stated he did not like the watered down version but he will support it. Motion passes. AYE 5 NAY 0 ABSTAIN o 13. Consider/Discuss/Action regarding an ordinance amending the Anna City Code of Ordinances by replacing Part II. Article 24 (Flood Damage Prevention) with a new Part II. Article 24 including new Flood Damage Prevention regulations. (Maurice Schwanke) Maurice Schwanke, Director of Planning and Development presented the ordinance to council. Council Members discussed whether to have BOA or city council as the Appeals Board. Mayor Pelham made the motion to approve the ordinance with sedion 2 stating City Council will be the Appeals Board. Council Member Crist seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN o 14. Consider/Discuss/Action regarding appointments/positions of the Anna Economic Development Corporation and the Anna Community Development Corporation. (City Council) Council Member Crist made the motion that the members of the CDC be Rob Simmons, Place 1; Darren Driskell, Place 2; Duane Hayes, Place 3; Connie Stump, Place 4; Gene Bowles, Place 5; Sherilyn Godfrey, Place 6; Bill Olsen, Place 7 and that the members of the EDC be Rob Simmons, Place 1; Darren Driskell, Place 2; Duane Hayes, Place 3; Connie Stump, Place 4; Gene Bowles, Place 5. Council Member Driskell seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN o 15. Consider/Discuss/Action regarding SB 1220 and HB 2684 pending before Texas State Legislature. (CM Green) Philip Sanders, City Manager reviewed the two bills before Texas State Legislature and recommended that council oppose the bills and let our Representative and Senator know that we oppose them. Council Member Crist made the motion to oppose the two bills. Council Member Glover seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN o 03-24-09 cc Minutes.do<: 6 03-24-09 16. Consider/Discuss/Action on any items listed on posted agenda for March 24, 2009 City of Anna Workshop Session and Closed Session, or any closed session occurring during this Regular Meeting, as necessary. Mayor Pelham asked if there were any items to discuss. There was no discussion. 17. Adjourn. Council Member Anderson made the motion to adjourn at 9:08 pm. Council Member Crist seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN o ATfEST: APPROVED: 03-24-09 CC Minutes.doc 7 03-24-09