HomeMy WebLinkAboutCCmin2007-06-26MINUTES OF
CITY OF ANNA
REGULAR CITY COUNCIL MEETING AGENDA
June 26, 2007 7:00 PM
Anna City Hail Administration Building
The City Council of the City of Anna met in Regular Session at 7:00 p.m.,
Tuesday, June 26, 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 Crist, Keith Green,
John Garen. David Crim and Billy Deragon were present. Council Member
Kevin Anderson was absent.
3. Pledge of Allegiance.
4. Citizen comments.
None
5. Presentation by Kimberly Luther, President of the Anna Chamber of
Commerce.
Kimberly Luther stated that she was working on a map for the City of Anna
and wanted support from the City to help fund extra maps for distribution.
Ms. Luther has been able to raise funds to start the process (have an
aerial done of the area) and after she receives the aerial she would like to
get together with staff and get current as well as future development on
the map. Businesses will be able to have advertising on the map. Ms.
Luther is seeking a donation from the City of $500.00 (500 maps @ $1.00
each).
6. Consider/Discuss regarding Fire Department Reports presented by
Fire Chief Larry Bridges.
Fire Chief Larry Bridges was present and council thanked the fire
department for their service.
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Public Hearing:
To hear public comments regarding the removal of a Dangerous
Building located at 421 Butch Cassidy Dr. (Settlers Way Bik B Lot
15).
Mayor Pelham opened the public hearing at 7:10 p.m.
Delissa Owens spoke about the conditions of the burnt out home and how
long it has taken to get this building taken down.
Tim Bates the new owner of the home just took possession on June 25,
2007 and is starting to demolish the building.
Mayor Pelham closed the public hearing at 7:14 p.m.
8. Consider/Discuss/Action on Finding the Structure at 421 Butch
Cassidy Dr. (Settlers Way Blk B Lot 15) to be a Dangerous Building
according to the standards in Ordinance 240-2005 Property
Maintenance Code 2003 and order that the building be vacated,
secured, repaired, removed or demolished by the owner within a
reasonable time as provided by this code.
Tim Bates the new owner of the property was present and answered
questions from council members. City Attomey, Clark McCoy stated that
council could require the owner to furnish a plan and time table as to when
the house will be demolished and when it will be rebuilt. City Manager,
Kenny Jenks stated that if council would direct staff to have code
enforcement take a look and evaluate this situation and the new owner
bring in a plan on how he plans to proceed and the time table for such.
Council Member Crist made the motion to approve the order for removal
of a dangerous structure upon approval from legal counsel. Motion failed
for lack of a second. Council Member Crim made the motion to table and
city staff to work with the city attorney and the property owner to submit a
plan for the demolition and rebuild and to secure the building. Council
Member Green seconded the motion. Motion passes.
9. Consider/Discuss/Action regarding an ordinance abandoning access
easements on the Rapist to Block A, Lot 1 of the Alli Addition
located at the south west intersection of White Street (FM 455) and
South Central Expressway.
City Manager, Kenny Jenks approved the plat at its last meeting and this
ordinance will officially change the easements that are reflected on the
Plat. City Attorney, Clark McCoy stated that they had just received the
metes and bounds description and that staff is awaiting the review of the
city's engineer. Mayor Pelham stated he was not comfortable approving
an ordinance that he did not have in front of him. Council Member Green
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made the motion to table this item. Council Member Crist seconded the
motion. Motion passes.
AYE 6 NAY 0 ABSTAIN
10.Consider/Discuss/Action on Ordinance regarding Parks and Recreation
Department and a Parks Board.
City Manager, Kenny Jenks stated that the ordinance in 2003 creating a
Parks and Recreation Department and Park Board is no longer applicable in
a Home Rule City. The new ordinance corrects this and makes the Park
Board operate in line with a council/City Manager form of government.
Council Member Geren made th motion to approve. Council Member Crim
seconded the motion. Motion passes.
AYE 6 NAY 0 ABSTAIN
11.Consider/Discuss/Action on Ordinance 217-2005 regarding Anna
Technology Advisory Commission.
City Manager, Kenny Jenks stated that Council Member Garen requested to
revisit the Technology Advisory Commission ordinance and upon review of
ordinances 217 and 222 of 2005 they were found to be in conflict the City's
Charter. The ordinance has been rewritten to comply with the City Charter.
Council Member Garen made the motion to approve. Council Member
Green seconded the motion. Motion passes.
AYE 6 NAY 0 ABSTAIN 0
12.ConsiderlDiscuss/Action regarding an ordinance Amending the Code of
Ethics to include a dress Code.
City Manager, Kenny Jenks stated that this issue was discussed at a
previous meeting and at that time City Attorney, Clark McCoy recommended
that an ordinance be passed to address the Dress Code in the Code of
Ethics. Council Member Crist stated he was against having a dress code
and he did not believe one was necessary. Mayor Pelham stated that the
council meetings were like a business and that members should be
professional in dress. Council Member Garen stated that boards and
commissions should not have to comply with a dress code and that council
was a different matter. Council Member Crim stated that business casual
should be okay, but he does have an issue with no sunglasses because he
has prescription sunglasses that he wears at times. Council Members
discussed the ordinance at length. Council Member Deragon made the
motion to bring the dress code back to the next meeting as a ordinance and
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to revise to allow prescription glasses. Council Member Green seconded
the motion. Motion fails.
AYE 2 (CM Green and Deragon) NAY 4 ABSTAIN 0
Council Member Crist made the motion to reject the ordinance. Motion fails
for lack of a second.
Council Member Garen made the motion to pass as an ordinance with
changes in the wording for prescription sunglasses and remove from the
Ethics Code. City Attorney, Clark McCoy asked how the ordinance would
be enforced. Council Members discussed enforcement. Council Member
Garen withdrew his motion.
Council Member Garen made the motion to not pass the ordinance and that
it goes away. Council Member Crist seconded the motion. Motion passes.
Council Member Garen made the suggestion for this topic to be discussed
at the retreat on Saturday.
AYE 4 NAY 2 (CM Deragon ABSTAIN 0
and Mayor Pelham)
Council Member Deragon made the motion to go into executive session at
7:55 p.m. Council Member Crist seconded the motion. Motion passes.
13.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 Deragon made the motion to return to open session at 8:44
p.m. Council Member Green seconded the motion. Motion passes.
AYE 6 NAY 0 ABSTAIN 0
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5 minute recess — return to meeting at 8:49 p.m.
14.Consider and act upon items listed under Item 13 Executive Session,
as necessary.
Council Member Demon made the motion to take no action. Council
Member Geren seconded the motion. Motion passes.
AYE 6 NAY 0 ABSTAIN
15.Public Hearing:
To hear public comments regarding proposed amendments to the
City's Subdivision Regulations and Development Regulations
concerning Development Plats as defined by Texas Local Government
Code §212.041, at seq.
Mayor Pelham opened the public hearing at 8:49 p.m. City Attorney Clark
McCoy explained the change to the ordinance being that a registered
surveyor stamp must be on the plats. No other public comments. Mayor
Pelham closed the public hearing at 8:50 p.m.
16.Consider/Discuss/Action regarding appointments/reappointments to
the Planning and Zoning Commission. (Places 1, 3, 4, 5, and 7).
Council Member Geren nominated Darren Driskeli for Place 1. Council
Member Deragon nominated David Culler for Place 1. Darren Driskell will
serve in Place 1. (CM Grist, Garen, Crim and Mayor Pelham voted for
Darren Driske@. (CM Green and Deragon voted for David Cullar).
Council Member Garen nominated William Ballantyne for Place 3. There
were no other nominations. (CM Grist, Green, Garen, Crim and Deragon
and Mayor Pelham voted for William Ballantyne).
Council Member Geren nominated Jeff Caponera for Place 4. Council
Member Green seconded the nomination. There were no other nominations.
(CM Grist, Green, Garen, Crim and Deragon and Mayor Pelham voted for
Jeff Caponera).
Council Member Geren nominated Mike Green for Place 5. Council Member
Deragon nominated David Cullar. Mike Green will serve in Place 5. (CM
Crist, Green, Geren, Crim and Mayor Pelham voted for Mike Green). (CM
Deragon voted for David Cullar).
Council Member Crim nominated Alexander Hamilton for Place 7. Council
Member Deragon nominated Mr. J. W. Finley, Jr. Mr. J. W. Finley, Jr. will
serve in Place 7. (CM Grist, Green, Garen, Deragon and Mayor Pelham
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voted for Mr. J. W. Finley, Jr.). (CM Crim voted for Alexander Hamilton).
17.ConsideriDiscussiAction regarding appointmentsire-appointments to
the Board of Adjustments. (Places 1, 3, 5, and 7) and Alternate 1A and
Alternate 2A.
Council Member Deragon nominated David Culler for Place 1. Council
Member Garen nominated Darren Driskell for Place 1. Darren Driskell will
serve in Place 1. (CM Crist, Green, Garen, Crim and Deragon and Mayor
Pelham voted for Darren Driskell).
Council Member Garen nominated William Ballantyne for Place 3. Council
Member Green nominated Jeff Caponera for Place 3 and then withdrew his
nomination. (CM Crist, Green, Garen, Crim, Deragon and Mayor Pelham
voted for Jeff Caponera).
Council Member Garen nominated Jeff Caponera for Place 5. (CM Crist,
Green, Garen, Crim and Deragon and Mayor Pelham voted for Jeff
Caponera.
Council Member Garen nominated Nancy Pennington. Council Member Crim
nominated Mr. Finley. Nancy Pennington will serve in Place 1A. (CM Crist,
Green, Garen and Mayor Pelham voted for Nancy Pennington). Council
Member Crim and Deragon voted for Mr. Finley).
Council Member Crim nominated Mr. Finley for Place 2A. (CM Crist, Green,
Garen, Crim, Deragon and Mayor Pelham voted for Mr. Finley).
18.Consider/Discuss/Action regarding appointrnentstre-appointments to
the Park Board. (Places 1, 2, 3, 5, and 7).
Council Members discussed how many needed to be appointed since a new
ordinance was just passed requiring only 5 places on the Park Board. Mayor
Pelham and Council Members asked the city attorney for direction.
Council Member Green nominated Jon Hendricks for Place 1. Council
Member Garen nominated Pat Mullowney for Place 1. Jon Hendricks will
serve in Place 1. (CM Crist, Green, Deragon and Mayor Pelham voted for Jon
Hendricks). (CM Garen and Crim voted for Pat Mullowney).
Council Member Garen nominated Deborah Dennis for Place 3. (CM Crist,
Green, Garen, Crim, Deragon and Mayor Pelham voted for Deborah Dennis).
Council Member Crist nominated Pat Mullowney for Place 4. Council Member
Deragon nominated Michelle Baker for Place 4. (CM Crist, Green and Garen
voted for Pat Mullowney). (CM Crim and Deragon and Mayor Pelham voted
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for Michelle Baker). Tie — The vote was retaken. (CM Crist, Green, Garen,
Crim, Deragon and Mayor Pelham voted for Michelle Baker). Michell Baker
will serve in Place 4.
Council Member Garen nominated Pat Mullowney for Place 5. Council
Member Deragon nominated John Lloyd for Place 5. (CM Crist, Garen and
Crim voted for Pat Mullowney). (CM Green, Deragon and Mayor Pelham
voted for John Lloyd). Tie — The vote was retaken. (CM Crist, Green, Garen
and Crim voted for Pat Mullowney). (CM Deragon and Mayor Pelham voted
for John Lloyd). Pat Mullowney will serve in Place 5.
Council Member Deragon nominated John Lloyd for Place 7. (CM Crist,
Green, Garen, Crim, Deragon and Mayor Pelham voted for John Lloyd).
19.Consider/Discuss/Action regarding appointments/re-appointments to
the Anna Technology Advisory Commission. (Places 1, 2, 3, 5, and 7).
Discussion was held on how many members needed to be appointed since a
new ordinance was adopted requiring five members be on the advisory board.
Council Member Deragon nominated Brett LaBarge for Place 1. Council
Member Crist nominated Anthony Halsell for Place 1. (CM Crist, Green,
Garen, Crim and Mayor Pelham voted for Anthony Halsell). (CM Deragon
voted for Brett LaBarge). Anthony Halsell will serve in Place 1.
Council Member Garen nominated Eric Howton for Place 2. Council Member
Deragon nominated Brett LaBarge for Place 2. (CM Crist, Green, Garen,
Crim, Deragon and Mayor Pelham voted for Eric Howton). Eric Howton will
serve in Place 2.
Council Member Garen nominated Brett LaBarge for Place 3. (CM Crist,
Green, Garen, Crim, Deragon and Mayor Pelham voted for Brett LaBarge).
Council Member Garen nominated William Tyler for Place 5. (CM Crist,
Green, Garen, Crim, Deragon and Mayor Pelham voted for William Tyler for
Place 5).
Discussion by staff and council members on whether we need Place 7 and it
was decided that we don't need Place 7 because of the new ordinance
passed earlier.
Council Member Garen nominated Council Member Mike Crist as Council
Liaison to the Technology Advisory Commission. Council Member Deragon
seconded the motion.
AYE 6 NAY 0 ABSTAIN
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Council Member Garen n0mmateo Atexanaer namncon Tor riace t. �uunut
Member Deragon nominated Jeff Tate for Place 1. Alexander Hamilton will
serve in Place 1. (CM Crist, Green, Garen, Com and Mayor Pelham voted for
Alexander Hamilton). (CM Deragon voted for Jeff Tate).
Council Member Deragon nominated Richard Pennington for Place 3. Council
Member Crim nominated Jeff Tate for Place 3. Richard Pennington will serve
in Place 3. (CM Crist, Green, Garen, Crim, Deragon and Mayor Pelham voted
for Richard Pennington).
Council Member Deragon nominated Robert Hamilton for Place 4. (CM Crist,
Green, Garen, Crim, Deragon and Mayor Pelham voted for Robert Hamilton).
Richard Pennington will serve in Place 4.
Council Member Deragon nominated Delissa Owens for Place 5. Council
Member Garen nominated Dr. Charles Vance for Place 5. Dr. Charles will
serve in Place 5. (CM Crist and Deragon voted for Delissa Owens). (CM
Green, Garen, Crim and Mayor Pelham voted for Dr. Charles Vance).
21. Staff Reports:
a. Retreat Date, Place and Time — Saturday, June 30, 2007 at
9:00 a.m. Staff will contact new just appointed to let them
know.
b. City Hall Administration Bldg Parking Lot — Being
advertised; bids will be opened on July 13, 2007 and an item
to award the contract will be on the next council agenda.
C. Slayter Creek Park — Met with Construction Manager at
Risk and the numbers are coming back extremely high.
Plans have been given to Helmberger Associates to review
and see how much it would cost if we did the work
ourselves.
d. CDC Appointments and By Laws — City Attorney, Clark
McCoy is reviewing the By-laws and appointments will be
made after by-laws are adopted.
22. Future Agenda Consideration.
Council Member Garen would like to see a status on the projects that
Consultant Lee Lawrence is working on.
Council Member Deragon would like to see the dress code.
Mayor Pelham would like to have an item to approve purchasing 500 maps
for the Chamber. ($1.00 each; $500.00).
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23. 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.
MINUTES
1. EDC June 7, 2007 —cancelled
2. City Council Minutes June 12, 2007
3. Park Board June 18, 2007 - Cancelled
FINANCIAL REPORTS
1. Payment of bills as presented on June 22, 2007.
2. Financials
Council Member Green made the motion to approve the consent items.
Council Member Garen seconded the motion. Motion passes.
AYE 6 NAY 0 ABSTAIN 0
24. Adjourn.
Council Member Geren made the motion to adjourn at 9:31 p.m. Council
Member Crist seconded the motion. Motion passes.
AYE 6 NAYO ABSTAIN 0
ATTEST: APPROVED:
N ha Willison, City Secretary ayor Kenneth
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