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Home My WebLink AboutCCmin2007-07-24CITY OF ANNA REGULAR CITY COUNCIL MEETING AGENDA July 24, 2007 7:00 PM Anna City Hail Administration Building The City Council of the City of Anna met in Regular Session at 7:10 p.m., Tuesday, July 24, 2107, at the Anna City Hall Administration Building, 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 7:05 p.m. 2. Roil Call and Establishment of Quorum. Mayor Kenneth Pelham and Council Members Mike Crist, Kevin Anderson, Keith Green, John Garen, David Crim and Billy Deragon were present. 3. Pledge of Allegiance. 4. Citizen comments. None S. Discussion regarding Mr. James E. Hager request to talk to council regarding the annexation of his property in 2006. Assistant City Manager, Wayne Cummings stated that he had talked to Mr. Hager before the meeting and would research and get back to Mr. Hager about his annexation into the City of Anna. Mr. Hager decided to leave and not talk to Council at this time. 6. ConsidedDiscuss/Action regarding awarding the contract for City Hall Annex Paving, Utility and Drainage Improvements. Engineer, Joe Helmberger was present and recommended awarding the contract to the low bidder Rushing Paving, LTD in the amount of $145,779.00. Council Member Garen seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 0 07-24-07 CC Minutes.doc 1 07-24-07 7. Public Hearing: For City Council to consider public comments on a request by Mary Valverde, representing Valverde Enterprises, LLC, to change zoning of a one acre tract from Agriculture (AG) to General Commercial (C-2) zoning. Property was recently annexed into the City of Anna and is located at the southwest corner of the intersection of State Highway 121 and FM 2862. Mayor Pelham opened the public hearing at 7:08 p.m. There was no public comment. Mayor Pelham closed the public hearing at 7:09 p.m. 8. ConsidedDiscusslAction regarding an ordinance to change zoning of a one acre tract from Agriculture (AG) to General Commercial (C-2) owned by Valverde Enterprises, LLC, represented by Mary Valverde, Property was recently annexed into the City of Anna and is located at the southwest corner of the intersection of State Highway 121 and FM 2862. City Manager, Kenny Jenks stated that P & Z Commission recommended approval of zoning General Commercial (C-2) and Mrs. Valverde variance request had been approved also. Council Member Crim made the motion to approve the zoning request. Council Member Anderson seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 0 9. Public Hearing: For City Council to consider public comments on a request by Mary Valverde, representing Valverde Enterprises, LLC for a Specific Use Permit to operate a private club. Property was recently annexed into the City of Anna and is located at the southwest comer of the intersection of State Highway 121 and FM 2862. Mayor Pelham opened the public hearing at 7:11 p.m. There were no comments. Mayor Pelham dosed the public hearing at 7:12 p.m. 10.Consider/DiscusstAction regarding an ordinance for a Speck Use Permit request by Mary Valverde, representing Valverde Enterprises, LLC, to Operate a Private Club. Property was recently annexed into the City of Anna and is located at the southwest comer of the intersection of State Highway 121 and FM 2862. Council Member Green made the motion to approve. Council Member Geren seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 0 07-24-07 CC Minutes.dm 2 07-24-07 I 1. Public Hearing: For City Council to consider public comment on a request by Amin Bata, owner of Willow Creek Plaza (Willow Creek, Phase 1A), to change zoning from Restricted Commercial (C-1) to a Planned Development (PD) zoning to specifically allow "fitnessfiealth club" as a permitted use. Property is located at 810 W, White Street. Mayor Pelham opened the public hearing at 7:13 p.m. Amin Bata owner of Willow Creek Plaza spoke in favor of the request for PD zoning to allow a Fitness/Health Club and passed out some literature on the health club. Mayor Pelham closed the public hearing at 7:15 p.m. 12.Consider/DiscusslAction regarding an ordinance to change zoning from Restricted Commercial (C-1) to a Planned Development (PD) zoning to permit "fit ummu' tealth club" as a permitted use. The request is being made by Amin Bata, owner of the Willow Creek Plaza (Willow Creek, Phase 1A). Property is located at 810 W, White Street Council Member Anderson made the motion to approve. Council Member Green seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN Council Member Anderson made the motion to go into executive session at 7:18 p.m, Council Member Crist seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 13.CLOSED SESSION: Under Tex. Gov't Code Chapter $51, 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). d. Personnel: Position of the City Secretary of the City of Anna, Texas. (Government Code, Section 551.074). 07-24-07 CC Minutesdoc 3 07-24-07 Council Member Anderson made the motion to return to open session at 8:44 p.m. Council Member Green seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 0 5 minute recess — return at 8:49 p.m. 14. Consider and act upon items listed under Item 13 Executive Session, as necessary. Council Member Decagon made the motion to take no action. Council Member Anderson seconded the motion. Motion passes. 15.Consider/Discuss/Action regarding City Secretary review. Council Member Anderson made the motion to accept the City Secretary's review. Council Member Green seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 0 16.Consider/Discuas/Action on recommendations to send participants to the 2007-2008 Northern Collin County Leadership Program. Council Members discussed nominations for the program. Council Member Garen nominated Howard Day, Mike Grist and Kevin Anderson. Council Members unanimously passed approval of the three (3) nominations. City Manager, Kenny Jenks stated that enrollment may be limited to two (2) applicants this year to allow all cities to send two representatives through the program and a decision will be made on which two to send if that happens. AYE 7 NAY 0 ABSTAIN 0 17.Consider/Discuss/Action regarding appointing a Chairman for the Board of Adjustments. City Manager, Kenny Jenks stated that the zoning ordinance states that City Council shall designate a Chairman to the Board of Adjustments. Council Member Deragon made the motion for Jeff Caponera to be Chairman of BOA. Council Member Garen seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 0 07-24-07 CC Minutes.dm 4 07-24-07 18.Consider/Discuss/Action regarding an ordinance Denying ATMOS Energy Corp., MID-TEX Division's request for an annual gas reliability infrastructure program rate adjustment in this municipality so that the company may purse a system -wide annual gas reliability infrastructure eaeanee�.-afrt.^eliveeAx-Wdf-0n!4n.R4ailrrvAR,`a^�vai^airoo.roESn>•�e _....-� ATMOS Energy request to deny and to consider an ordinance suspending their request for a rate increase. Council Member Crist introduced the idea of a resolution from a coalition of cities to consider the suspension of ATMOS Energy's request. Motion fails. AYE 1 (CM Anderson) NAY 6 ABSTAIN Council Member Crist made the motion to take no action and have a Special Meeting before the 30" of July to entertain an ordinance to suspend the rate increase. Council and staff further discussed the issue. Council Member Crim seconded the motion. City Attorney, Clark McCoy explained how the coalition works toward reimbursing cities for their legal fees and gave options to council on actions they can take tonight. Motion passes. AYE 4 NAY 3 (CM Anderson and Deragon ABSTAIN 0 and Mayor Pelham) 19.Consider/Discuss/Action regarding an ordinance pertaining to regulation of sexually oriented businesses. Council Member Deragon made the motion to pass with the following changes (1) distance 1320 sq. It (114 of a mile); (2) the application fee for owners, manager and entertainers to be $1,000.00 and employees $250.00 (3) Section 5.08 pertain to that section only, unclear on the conforming use (4) make gender neutral (5) apply to the ETJ (6) the sign ordinance be incorporated. Council Member Crim seconded the motion. Police Chief Kenny Jenks and Lt. Howard Day gave testimony as to their experiences in having patrolled areas with sexually oriented businesses. Motion passes. AYE 7 NAY 0 ABSTAIN 20.Consider/DiscuaWAction regarding a Resolution requesting that the County of Collin include the City of Anna in the Collin Environmental Health Care Services Program and Authorizing the Mayor to enter into an interlocal Agreement with the Commissioner's Court for said program. 07-24-07 CC Minutas.doc 5 07-24-07 City Manager, Kenny Jenks stated that this agreement allows Collin County officials to perform environmental services that the City of Anna currently does not have staff to perform. This agreement is a renewal for the current contract. Council Member Anderson made the motion to approve. Council Member Garen seconded the motion. Motion passes. 11 1.- r .liif-liiklowo 21I.Consider(DiscussfAction regarding a proposal of bond to the City of Anna for completion of Slayter Creek Park. Mayor Pelham stated that the Park Board had met and did not have anything to bring to council at this time. Council Member Anderson made the motion to take no action. Council Member Crist seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 0 22.Consider/DiscuaWAction regarding a Resolution on a Dress Code. Council Member Anderson submitted a Dress Code Resolution. Council Member Crist made the motion to deny the resolution. Council Member Garen seconded the motion. Motion fails. AYE 3 (CM Crist, Garen and Crim) NAY 4 ABSTAIN Council Member Deragon made the motion to approve. Council Member Green seconded the motion. Council Member Anderson requested to add no hats to section 2 of the resolution. Council Member Deragon stated he would amend his motion to add no hats. Council Member Crim seconded the motion. Motion passes. AYE 4 NAY 3 (CM Crist, Garen and Crim) ABSTAIN 0 23.Staff Reports: a. Budget Status — Acting City Manager, Kenny Jenks stated that staff is still looking at the budget and he will hand out a copy for council to start reviewing at the Special meeting, July 28, 2007. 24. Future Agenda Consideration. Council Member Garen asked for the Dress Code to be placed on the next agenda. Council Member Deragon asked City Attorney, Clark McCoy about council Member Geren's request. Mr. McCoy stated that council could vote 07-24-07 CC Minutes.dw 6 07-24-07 on whether to put the item on a future agenda this evening. Council Member Deragon made the motion to vote on putting this item on the next agenda. AYE 3 (CM Crist, Garen and Crim) NAY 4 ABSTAIN 0 Council Member Deragon would like to see a discussion item for the City Charter. Discuss amendment items and the time line to submit for voters. Revisit the Sexual Offender Ordinance to be in line with the newly passed SOB ordinance. 26. CONSENT ITEMS: These hams consist of non -controversial or "housekeeping" items required by law. hems may be considered individually by any Council member making such request prior to a motion and vote on the Consent Items. MINUTES 1. City Council June 26, 2007 2. P & Z Minutes Special Meeting July 9, 2007 FINANCIAL REPORTS 1. Payment of bills as presented on July 20, 2007. 2. Financials Council Member Anderson made the motion to approve. Council Member Green seconded the motion. Council Member Deragon pointed out a correction to the June 26, 2007 minutes, Item 12. AYE 7 NAY 0 ABSTAIN 0 26. Adjourn. Council Member Anderson made the motion to adjourn at 9:38 p.m. Council Member Garen seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 0 ATTEST: FITUTOTSAffim 07-2407 CC Minute .dw 7 07-2407