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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. M26-07 CC MinuiesAm 1 06-28-07 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 06-26-07 CC Nnules.dm 2 0626-07 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 0626-07 CC Mim t $.doc 3 06-26-07 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 0 062"7 CC Wnutes.dm 4 OFf26-07 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 062&07 CC MinutesAm 5 W2607 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 062607 CC Minutes.doc 6 0626-07 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 06-26-07 CC Minutes.dm 7 06-2607 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). W28-07 CC Minutes.doc 8 0826-07 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 _1111WO.- 06-26-07 .- 06-26-07 CC Minutes.doc 9 06-26-07