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
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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.
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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
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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
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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
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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 -
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26.Consider/Discuss/Action regarding setting a date for the
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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.
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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:
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