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Home My WebLink AboutCCmin2007-11-27MINUTES OF CITY OF ANNA REGULAR MEETING AGENDA — CLOSED SESSION November 27, 2007 6:46 PM Anna City Hall Administration Building The City Council of the City of Anna met in Closed Session at 6:45 p.m., Tuesday, November 27, 2007, at the Anna City Hall Administration Building, located at 111 North Powell Parkway (Hwy 5), regarding the following items. 1. Call to Order. Mayor Kenneth Pelham called the meeting to order at 6:45 p.m. 2. Roll Call and Establishment of Quorum. Mayor Kenneth Pelham and Council Members Keith Green, John Garen, David Crim and Billy Deragon were present. Council Member Anderson arrived at 6:51 p.m. Council Member Mike Crist was absent. Council Member Billy Deragon made the motion to go into executive session at 6:45 p.m. Council Member Green seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 3. 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 §651.072); 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 561 of the Government Code (Tex. Gov't Code §561.071); c. Personnel: Consider position of City Planner. (Government Code, Section 561.074). The council reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act Council Member Anderson made the motion to return to open session at 7:20 p.m. Council Member Deragon seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 11-27-07 CC Minutes.d= 1 11-27-07 4. Adjourn. Council Member Anderson made the motion to adjourn at 7:20 p.m. Council Member Deragon seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 ATTEST: APPROVED: I At Natta Wilkison, City Secretary J,,,OP.a. �, 11-27-07 CC Minutes.doc 2 11-27-07 MINUTES OF CITY OF ANNA REGULAR MEETING AGENDA — OPEN SESSION NOVEMBER 27, 2007 7:30 P.M. ANNA CITY HALL ADMINISTRATION BUILDING The City Council of the City of Anna met in Regular Session at 7:30 p.m., Tuesday, November 27, 2007, 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 Pelham Called the meeting to order at 7:30 p.m. 2. Pledge of Allegiance. 3. Citizen comments. Bradley Bowden spoke about a Christmas Charity Event and handed out fliers promoting the event. Mr. Bowden asked for Police for traffic control and a proclamation from the Mayor. Paul Lindsey business owner of Pest Control spoke about the Alcohol Election and recognized Council Member Keith Green for his support. Steve Watson owner of Anna Fine Wine and Spirits spoke about not being able to have a drive through window and asked council to look into the Ordinance concerning having a drive through window. 4. CONSENT ITEMS: These items consist of noncontroversial or "housekeeping" items required by law. Iems may be considered individually by any Council member making such request prior to a motion and vote on the Consent Items. MINUTES City Council Minutes of November 13, 2007 Council Member Anderson made the motion to approve. Council Member Green seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 11-27-07 CC Minute xbc 3 11-27-07 5. Presentation to Police Chief, Kenny Jenks for his dedication to the City of Anna and serving as Interim City Manager. (City Council) Mayor Pelham presented a plaque to Police Chief Kenny Jenks for his service as Interim City Manager. 6. Consider/Discuss/Action regarding a Resolution Establishing the Anna Christmas Parade as serving a public purpose and authorizing the local government to enter into an Agreement for the Temporary Closure of State Right of Way. (Kenny Jenks) Stacy Driskell and Dr. Charles Vance representing the Christmas Parade Committee were present and answered questions from council members and staff. City Attorney, Clark McCoy reviewed the liability issues and answered questions from council members. Council Member Anderson made the motion to approve with the hold harmless statement reviewed by the City Attorney. Council Member Green seconded the motion. Motion passes. 7. Discussion regarding the Use of Cell Phones in School Zones. (Council Member Green) Philip Sanders, City Manager stated that staff believed that the objective was good but enforcing it may be difficult. Police Chief, Kenny Jenks spoke about the enforcement of the ordinance. Staff was directed to bring a ordinance and a resolution to the next city council meeting. 8. Discussion regarding animal control Ordinance. (City Attorney) City Attorney, Clark McCoy stated that the ordinance has been drafted to follow the county regulations and will be sent to the county for their review and will be on December as an action item. Discussion about some kind of signage in the yard for a potential viscous dog and a two -bite rule to be placed in the ordinance took place. 9. Discussion regarding Ordinance No. 185-2005 Regulating the Sale of Beer that is not for On -Premises Consumption, Section 4. No "Drive - Through" sales. (City Manager) City Manager, Philip Sanders spoke on the issue of having drive thorough windows for the sale of beer. The ordinance does not have a variance mechanism that the owner of Anna Fine Wines and Spirits is wanting. 11-27-07 CC Minu[es.dm 4 11-27-07 Staffs direction was to look at amendments to the ordinance and bring something back to council. 10.Discussion regarding having a non-smoking in restaurants ordinance. (Council Member Green) Molly Young suggested that a non smoking ban be considered for all businesses and all places that are public. City Manager, Philip Sanders suggested bringing back an ordinance prohibiting smoking in certain public places. Mayor Pelham suggested looking into restaurants having a separate ventilated section for smokers. Council Member Deragon suggested options such as the 25 foot rule. Council Member Anderson stated that he was against the government having any say about how a business owner runs his business. Council directed staff to put something together. 11. Discussion regarding Slayter Creek Park. (Mayor) Mayor Pelham gave an update. He stated that Park Board Members decided to go out and solicit items for the parks and has put together a fund raising drive to donate $1.00 on your water bill and residents can buy stones with their names on them. Staff will be moving forward with the first phase of the project. 12. Discussion regarding agenda procedures. (City Manager) City Manager, Philip Sanders suggested a work session before closed session for discussion of items to be acted upon during the regular agenda. Mr. Sanders stated that his proposal is to have the agenda constructed in a way to move through the agenda as efficiently as possible. 13. Future Agenda Consideration. Council Member Anderson would like to see: (1) ordinance to repeal Section 4 of ordinance 185-2005 to allow drive through windows; (2) update on the on line water bill pay system; (3) an ordinance for a 2:00 a.m. closing time for bars. Council Member Green would like to have an update on the status of Interurban and patching the entrance at Creekside. Council Member Crim would like to have an alternative to the ordinance on the cell phone usage in a school zone. Council Member Deragon would like the proclamation for the Christmas Charity Event. 11-27-07 CC Minutes.dm 5 11-27-07 U.Consider and act upon items listed under Closed Session, as necessary. 15. Adjourn: Council Member Crim made the motion to adjourn at 8:34 p.m. Council Member Anderson seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 ATTEST: APPROVED: Cip Secretary, N�lkison 11-27-07 CC Minutes.dw 6 11-27-07