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HomeMy WebLinkAboutCCmin2007-06-12MINUTES OF CITY OF ANNA REGULAR CITY COUNCIL MEETING AGENDA June 12, 2007 7:00 PM Anna City Hall Administration Building The City Council of the City of Anna will meet in Regular Session at 7:00 p.m., Tuesday, June 12, 2007, at the Anna City Hall Administration, Community Room, 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 7:00 p.m. 2. Roll Call and Establishment of Quorum. Mayor Kenneth Pelham and Council Members Mike Grist, Kevin Anderson, Keith Green, John Geren, David Crim and Billy Deragon were present. 3. Pledge of Allegiance. 4 Administer oath of office and present certificate of election to newly elected officials. Mayor Pelham administered the Oath of Office and The Statement of Elected Official to newly elected Council Member Mike Crist. S. Citizen comments. No citizen comments. 6. Mayor Kenneth Pelham to read a Proclamation of Appreciation from TML. Mayor Pelham read the TML Proclamation of Appreciation. 7. Consider/Discuss/Action regarding Site Plan for City Hall Administration Building and Parking Lot Acting City Manager, Kenny Jenks stated that P & Z had approved the site plan with the condition that Council approve the Landscape Pian staff recommended approval. Mr. Joe Helmberger of Helmberger Associates, Inc. was present and answered questions from council members. Council Member Green made the motion to approve the Site Plan for City Hall 06-12-07 CC Mimites.doc 1 0612-07 Administration Building and Parking Lot. Council Member Garen seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAINED 0 8. Consider/Discuse/Action regarding a Landscape Plan for the City Hall Administration Building and Parking Lot Acting City Manager, Kenny Jenks stated that P & Z had not seen the Landscape Plan and staff was recommending approval. Council Member Green made the motion to approve the Landscape Plan. Council Member Crim seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 0 Moved to Closed Session. Council Member Deragon made the motion to enter Executive session at 7:12 p.m. Council Member Anderson seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 0 9. Consider/Discuss/Action regarding a Revitalization Agreement Between the City of Anna, Texas and First Christian Church of Anna, Texas. City Attorney, Clark McCoy lead the discussion on the legalities of the First Christian Church issues. Mr. McCoy stated there was an issue with the entity status of the church that should be able to be cleared up easily. Sherri Williams with G. M. Geer Engineer -Surveyor was present and presented the items to council and answered questions from council members. Council Member Garen made the motion to approve subject to the Church getting its formal entity status resolved and its property records consistent with that entity name. Council Member Green seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 10.Consider/Discuss/Action regarding an ordinance vacating and abandoning portions of the rights of way of E. 5v' Street and E. 6' Street and certain unnamed alleyways; declaring that the properties are unnecessary for use by the public; authorizing the Mayor of the City to execute a quitclaim deed releasing the public ownership interest and control in the properties; and providing an effective date. 06-12-07 CC Minute .doc 2 06-12-07 City Attorney, Clark McCoy recommended clearing up the entity status of the church as part of the motion to approve if council chose to do so. Council Member Garen made the motion to approve subject to the church getting its entity status cleared up. Council Member Anderson seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 0 1LConsider/DiscusstAction on recommendation regarding request by First Christian Church represented by Virgil Miller, to re -plat Block 14 of the Original Donation and a portion of the Guinn Morrison Survey, Abstract 559, located at 201 Sherley Avenue, Anna, Texas. Acting City Manager, Kenny Jenks stated that P & Z recommended approval to council and staff recommended approval also. Sherri Williams with G. M. Greer, Surveyor was present and answered questions from council members. Council Member Green made the motion to approve the Minor Plat with legal counsel verifying the entity status of the church. Council Member Deragon seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 0 12.Consider/Discuss/Action regarding a site plan for First Christian Church. Acting City Manager, Kenny Jenks stated that P & Z recommended approval of the Site Plan to council and staff recommended approval. Sherri Williams with G. M. Geer Surveyor was present and answered questions from council. Staff and council discussed whether Maurice Schwanke had reviewed the site plan. It was stated that he had reviewed the site plan and approved it and that his comments had not been forwarded for council packets. Council Member Green made the motion to approve the site plan upon legal counsel approving entity status. Council Member Anderson seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 0 13.Consider/Discuse/Action regarding request by Sahi-Antoine LLC, represented by Sam Sarfani to re -plat Block A, Lot 1 of the Affi Addition located at the south west intersection of White Street (FM 455) and South Central Expressway. Sherri Williams with G. M. Geer Surveyors was present and answered questions from council. Council Member Deragon made the motion to approve subject to the approval of the easement ordinance and amended 00-12-07 CC Mhutes.doc 3 06-12-07 replat at council next regular scheduled meeting. Council Member Green seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 0 14.Consider/Discuss/Action regarding the Urban Crossing Agreement. Acting City Manager, Kenney Jenks outlined the agreement and answered questions from council members. Council Member Green made the motion to approve the agreement with exhibits. Council Member Anderson seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 0 15.Consider/Discuss/Action regarding a request from Mark Pierce that water restrictions not be imposed on his nursery up to 10,000 gallons a month. Mark Pierce was present and spoke to council about his request on water restrictions on his nursery. Council explained to Mr. Pierce that council is bound by a signed agreement that follows a step by step procedure of what to do at the different stages of drought conditions and that they can not grant a variance now for conditions in the future. Council Member Deragon made the motion to take no action. Council Member Garen seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 0 16.Consider/Discuss/Action regarding a request from Mark Pierce to change sewer fees, rating on average bill of January and February. Mark Pierce spoke to council to consider changing the way the city charges for sewer. Council asked Staff if they could furnish what it cost to run the sewer service. Council Member Garen made the motion to take no action. Council Member Deragon seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 0 17.Consider/Discuss/Action regarding a request from Mark Pierce to reduce newly acquired account deposits to $60.00 on South Grayson Water Supply customers. Mark Pierce requested that water account deposits be only $50.00 for former South Grayson WXC customers since they were not receiving sewer or trash service. Mr. Pierce and council discussed the issue. Council 06-12-07 CC Minutes.dm 4 0612-07 Member Deragon made the motion to deny the request. Council Member Crist seconded the motion. Motion passes. AYE 6 NAY 1 (CM Anderson) ABSTAIN 0 18.ConsiderlDiscuss Anna Fire Department Reports. Anna Fire Department members were at a structure fire. Reports will be placed on the next regular scheduled city council meeting. 19.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); c. Personnel: Position of the City Manager of the City of Anna, Texas. (Government Code, Section 551.074). Council Member Anderson made the motion to return to open session @ 8:11 p.m. Council Member Garen seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 0 There was a 5 minute recess. Return 8:16 p.m. 20. Consider and act upon items listed under item 19 Executive Session, as necessary. Council Member Garen made the motion to take no action. Council Member Crim seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 0 21.ConsiderfDiscussfAction regarding an Ordinance governing the burning and chipping of trees for residents and developers. Acting City Manager, Kenny Jenks stated after meeting with staff, Fire Department, Code Enforcement and legal counsel the ordinance included in council's packet has been modified per council's instructions. Council 06-12-07 CC Mimdes.doc 5 06-12-07 Member Crim made the motion to approve. Council Member Anderson seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 0 22.ConsiderfDiscuss/Action regarding building codes to change the insulation in attics from R38 to IR48 and to address radiant barriers. Council Member Crim made the motion to take no action. Council Member Garen seconded the motion. Staff stated that we were already following the Energy Star Rating. Council Member Crist and Anderson argued for the changes. AYE 4 NAY 3 (CM Crist, Anderson ABSTAIN 0 and Green) 23. Consider/Discuss/Action regarding lifting the water restrictions. Council Member Deragon made the motion to take no action. Council Member Garen seconded the motion. Mayor Pelham explained how he follows the Water Conservation and Drought Contingency Plan under the recommendations of our Public Works Director, James Parkman. Motion passes. AYE 7 NAY 0 ABSTAIN 0 24. Consider/Discuss a new location for the Police Department. Acting City Manager, Kenny Jenks explained the building flooding problems of the police department and staff is looking at different options for staff space problems. 25.Consider/DiscusstAction regarding Amending Ordinance 2002-14 regarding the Park Board. City Attorney, Clark McCoy stated that staff would like to bring this back to council at its next regular meeting. The City has gone to a Charter form of government giving the City Manager more authority over boards, commissions, etc. Council Member Green made the motion to table until the next meeting. Council Member Deragon seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN - 06-12-07 CC Minims. c 6 06-12-07 26.Consider/Discuss/Action regarding setting a date for the n.,�,r.:...,«.... Pih. C........:1 P R 7 Pnrand MC mn tinn fn diarusa and then have the discussion for incentives for businesses at the second half of the session. The dates to start looking at were June 30" or July 14"', 2007. City Secretary to e-mail all boards and commissions for availability dates. Council Member Crim made the motion to e-mail all the dates and see who is available when. Council Member Deragon seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 0 27.Staff Reports: a. Mr. King and Kay Aiguire trees replaced — Mr. King spoke at last council meeting and Mrs. Alguire has received a check to replace the trees. b Alcohol Petition verified — City Secretary stated she has received a call from CC Elections office saying they have received a petition, have verified signatures and are preparing to take the petition to CC Commissioners Court on June 26, 2007 to be approved and placed on the November Ballot. C. Boards and Commissions appointments — Members are being notified of their re -appointment status and will be on the June 20" agenda for action. d. Update on Barbara Hobden — She is still out recovering and will keep council up to date on her progress. e. SOB Ordinance — City Attorney stated this will be back to council on June 26, 2007 meeting. f. South Grayson Customers and trash service — Our agreement says citizens of Anna so we could not offer trash service to the ETJ customers. g. Building Permits for May — 29 residential and 4 commercial h. Retreat/State of the City — already discussed in Item 26 28. Future Agenda Consideration. Council Member Geren wants to revisit the Technology Advisory Commission. 06-12-07 CC Minutes.doc 7 0612-07 29. 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. 't1211]t � t. P & Z Minutes of May 1, 2007 2. City Council Minutes of May 22, 2007 3. Park Board Minutes for May 21, 2007 FINANCIAL REPORTS 1. Payment of bills as presented on June 8, 2007. Council Member Anderson made the motion to approve the consent items. Council Member Crim seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 0 30. Adjourn. Council Member Anderson made the motion to adjourn at 9:32 p.m. Council Member Crist seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 0 ATTEST: APPROVED: t aWilkison, City Secrets _"_,�---iiiiy6r-"K-e-Wet—hPelharr. 06-12-07 CC Minutes.doc 8 06-12-07