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Home My WebLink AboutCCmin 2008-05-13MINUTES OF CITY OF ANNA WORKSHOP MEETING AGENDA AND CLOSED SESSION AGENDA May 13, 2008 6:30 PM Anna City Hall Administration Building The City Council of the City of Anna met in Workshop Session at 6:30 p.m., Tuesday, May 13, 2008, 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 6:30 pm. 2. Roll Call and Establishment of Quorum. Mayor Pelham and Council Members Kevin Anderson, Keith Green, John Garen and Billy Deragon were present Council Members Mike Crist and David Crim were absent 3. Consider/Discuss/Action regarding adopting a resolution canvassing the returns of the City of Anna Election held May 10, 2008, to elect three City Council Members all for two-year terms. Council Member Garen made the motion to approve. Council Member Deragon seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 Council Member Green made the motion to go into executive session at 6:32 pm. Council Member Anderson seconded the motion. Motion passes. 4. CLOSED SESSION: Under Tex. Gov't Code Chapter 651, 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 05-13-08 CC MinUIe 40C 1 05-13-08 of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071); 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 Deragon made the motion to return to open session at 6:37 pm. Council Member Green seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 5. Discussion regarding any item on the City Council's May 13, 2008 Regular Meeting Agenda. Council Member Anderson had questions for Police Chief Jenks concerning stats for crime being down since the ordinance for a curfew for minors has been in effect. Police Chief Jenks stated that there had been no tracking of crime rates before the ordinance was passed and that he will have some numbers for council when they get to item 14. 6. Public Hearing: To consider Public Comment on the need to continue Ordinance 208-2005 Establishing a Curfew for Minors. Mayor Pelham opened the public hearing at 6:39 pm. There was no public comment. Mayor Pelham closed the public hearing at 6:39 pm. 7. Presentation to Council Member John Goren for his years of service on the Anna City Council. Mayor Pelham presented a plaque to Council Member Goren. 8. Adjourn. Council Member Anderson made the motion to adjourn at 6:41 pm. Council Member Green seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 9. Reception for New City Council Members and Out Going Council Member John Goren. ATTEST: APPROVED: N4L410Abay � ha Wilkison, City Secretary ,�� Kenneth Pelham, Mayor 0.5-1306 CC Minut"ADC 2 W13-08 MINUTES OF CITY OF ANNA REGULAR MEETING AGENDA May 13, 2008 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, May 13, 2008, 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 7:30 pm. 2. Invocation and Pledge of Allegiance. The invocation was given by Pastor Hackworth. 3. Citizen comments. Citizens are aftwod 3 minutes to speak The Council is unable to respond to or discuss any Issues that are brought up during this section that are not on the agenda, other Own to make statements of specific factual inih oration in response to a citizen's inquiry or to recite existing policy in response to the inquiry. Charles Mills at 2924 Ashley Ln. spoke on a drainage problem around his property. Stacy Driskell, President of the Greater Anna Chamber of Commerce reminded council of the Meet the City event Saturday, May 17, 2008. 4. Administer the Oath of Office, Statement of Elected Officer and present Certificate of Election to newly elected officials. (Mayor Pelham) Mayor Pelham administered the Oath of Office, Statement of Elected Officer and presented Certificates of Election to Kevin Anderson and Darren Driskell. S. ConsiderfDiscussfAcbon regarding a Resolution for City Council to fill the Vacancy for Place 6. (City Council) City Attorney, Clark McCoy explained the options available to council and answered question questions from council members. Mayor Pelham made the motion to hold a special election in November. Council Member Anderson seconded the motion. City Attorney, Clark McCoy clarified that the incumbent would stay in Place 6. Council Member 05-13-08 CC Minutes.eoc 3 05-13-08 Green asked for clarification on the options and the incumbent staying in Place 6. Motion passes. AYE 4 NAY 1 (CM Green) ABSTAIN 0 6. Consider/Discuss/Action regarding electing the Mayor Pro Tem as directed in the City Charter. (City Council) Council Member Green nominated Council Member Kevin Anderson for Mayor Pro Tem. Mayor Pelham nominated Council Member Deragon for Mayor Pro Tem. Council Member Anderson received 4 votes. Council Member Deragon received 1 vote (Mayor Pelham). Council Member Anderson will serve as Mayor Pro Tem. 7. Consider/Discuss/Action regarding electing the Deputy Mayor Pro Tem as directed in the City Charter. (City Council) Mayor Pelham nominated Council Member Green. Council Member Deragon nominated Council Member Driskell. Council Member Green received 3 votes. Council Member Driskell received 2 votes (CM Driskell and CM Decagon). Council Member Green will continue serving as Deputy Mayor Pro Tem. 8. CONSENT ITEMS: These items 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 Minutes of April 22, 2008. 2. EDC Minutes of March 29, 2008 3. EDC Minutes of April 2, 2008 4. Sign Board Minutes of September 11, 2006 Council Member Anderson made the motion to approve the consent items. Council Member Green seconded the motion. Motion passes. r..�... .;• r �c�y_11at 9. (a) Public Hearing To consider public comment on a request by Paul Neshyba, representing Joe Greer, owner of property, for a Specific Use Permit to allow the operation of a minor automobile repair and 05-13-08 CC Minvt".doc 4 W13-08 service business with no outside storage on the tract located at 505 N. Powell Pkwy (Hwy 5). The tract is currently zoned as Restricted Commercial (C-1). (Maurice Schwanke) Mayor Pelham opened the public hearing at 7:43 pm. Maurice Schwanke Director of Planning and Development briefed council on the specifics of the request and P & Ts recommendation to council. Paul Neshyba was present and spoke to council on his request. Mr. Neshyba answered questions from council members. Mayor Pelham closed the public hearing at 7:49 pm. (b)Consider/Discuss/Action regarding a recommendation from Planning and Zoning Commission for a ordinance for a Specific Use Permit to allow the operation of minor automobile repair and service with no outside storage located at 505 N. Powell Pkwy (Hwy 5). (Maurice Schwanke) Council Member Green made the motion to approve. Council Member Driskell seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 10.Consider/Discuss/Action regarding the Abandonment of a Portion of CR 369 (Anna High School). (Maurice Schwanke) Director of Planning and Development, Maurice Schwanke explained that a portion of County Road 369 that is no longer needed since 2 lanes of West Crossing Blvd. will be constructed with the development of the of the new high school. Mr. Schwanke further stated that the East side of County Road 369 will eventually become part of the West Crossing Development and will no longer exist. Council Member Green made the motion to approve. Council Member Anderson seconded the motion. Motion passes. PM rill: 11.Consider/Discuss/Action on a recommendation from Planning and Zoning Commission regarding a final plat for "Anna High School #1 Addition. (Maurice Schwanke) Maurice Schwanke, Director of Planning and Development went over the plat and stated that P & Z recommended approval of the final plat. Council Member Green made the motion to approve. Council Member Driskell seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 05-13-08 CC Minutes.doc 5 05-13-08 12.Consider/DiscusWAction on recommendation from Planning and Zoning Commission regarding a site plan and a Landscape plan for "Anna High School #1 Addition. (Maurice Schwanke) Director of Planning and Development, Maurice Schwanke pointed out items on the site plan and stated that staff and P & Z recommended approval. Dr. Wardell stated that the field is practice field and not a performance field. Dr. Wardell further stated that the softball and baseball fields will be performance fields and will be built in a different phase of the building. Council Member Green made the motion to approve. Council Member Anderson seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 13.ConsiderlDiscusstAction on recommendation from Planning and Zoning Commission regarding a site plan and a landscape plan for "Chicken Express". (Maurice Schwanke) Maurice Schwanke, Director of Planning and Development briefed council on the location and specifics of the site plan. Mr. Schwanke stated that staff and P & Z recommend approval of the site plan. A representative of "Chicken Express" was present and answered questions from council. Council Member Driskell made the motion to approve. Council Member Green seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 14. (a) Public Hearing: To consider Public Comment on the need to continue Ordinance 208-2005 Establishing a Curfew for Minors. (Kenny Jenks) Mayor Pelham opened the public hearing at 8:01 pm. Police Chief Kenny Jenks briefed council, answered questions and recommended approval of the resolution to continue Ordinance 208-2005. City Attorney, Clark McCoy asked Police Chief Jenks if he had reviewed the findings stated in the resolution. Police Chief Jenks stated that he had reviewed the findings and they are true today. Mayor Pelham dosed the public hearing at 8:07 pm. 05-13-08 CC MinutesAm 6 W13-08 (b) Consider/Discuss/Action regarding a resolution continuing Ordinance 208-2005 Establishing a Curfew for Minors. (Kenny Jenks) Council Member Deragon made the motion to approve. Council Member Green seconded the motion. Council Member Anderson stated that he would like to see the fine limit decreased. Motion passes. AYE 4 NAY 1 (CM Anderson) ABSTAIIN 0 15.(a) Public Hearing To consider Public Comment regarding the Adoption of the City of Anna Code of Ordinances. (Clark McCoy) Mayor Pelham opened the public hearing at 8:07 pm. City Attomey, Clark McCoy spoke of a couple of changes that had been made to the code of ordinances since council was first handed the code. One of the changes is to the trash service to reflect the changes that have been made to the rates and that the contractor will supply the containers. The second change relates to the sign board being removed and variances to go to the BOA. Council members had questions about the BOA having the last say on variances and what type of board they are. Mayor Pelham closed the public hearing at 8:13 pm. (b) Consider/DiscussfAction a recommendation from Planning and Zoning Commission regarding an Ordinance Adopting the City of Anna Code of Ordinances. (Clark McCoy) Council Member Driskell made the motion to adopt the Anna Code of Ordinances. Council Member Green seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN (c) ConsidedDiscussfAction on an Ordinance regulating issues pertaining to City of Anna Code of Ordinances. Council Member Anderson made the motion to approve. Council Member Green seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN Council Member Anderson made the motion that a printed copy of the Code that is authenticated and approved by the Mayor's signature and attested by the City Secretary be placed and kept at City Hall. Council Member Green seconders the motion. Motion passes. 05-13-08 CC Knute Am 7 05-1308 City Manager, Philip Sanders summarized now me suggestion Tor a subcommittee to review applications and make recommendations to council came about. Council Member Driskell asked if the number was set for the committee and that he would like to be on the committee. Mr. Sanders explained that subcommittees were limited to three so that there was not a quorum. Council member Green made the motion to approve. Council Member Anderson seconded the motion. Council Member Deragon stated that he would be voting nay on this because he did not believe that Council Member Crist should be on the committee. Motion passes. AYE 3 NAY 2 (CM Driskell and Deragon) ABSTAIN 0 17. Discussion regarding ATMOS Franchise Rate Increase. (Philip Sanders) City Manager, Philip Sanders gave background on this item. Mr. Sanders stated that he will bring back an ordinance for council to consider at their next meeting. Council members had some question for the city manager. 18. Discussion regarding a utility rate for outside the City residents. (Philip Sanders) City Manager, Philip Sanders briefed council that it has been a year since the City started billing the South Grayson customers and according to the purchase agreement the South Grayson customers rates would be going up in June. Mr. Sanders answered questions from council members. 19. Discussion regarding making a recommendation for a new site for the Anna Post Office from a list of sites submitted by the United States Postal Service. (Philip Sanders) City Manager, Philip Sanders led the discussion of this item and handed out a map that reflected where the sites are. Maurice Schwanke, Planning and Development Director spoke about his selection from a city stand point would be site 3, Southeast Corner of FM 455 at Interurban Street. 05-13-08 CC Minted. 8 05-13-08 20. Discussion of on-line payment for utility bills. (Wayne Cummings) Assistant City Manager, Wayne Cummings gave an update on the testing being completed and that the system should be up by the 27" and customers will be notified of the service. Mr. Cummings answered questions from council members. 21. Discussion regarding Council Meeting Attendance Policy and related issues. (Mayor Pelham) Mayor Pelham read the section from the charter on meeting attendance and notified council and residents that he has been called up for active duty for 179 days to Fort Sill. The Mayor will attend all meetings and functions that his duty allows him to attend. Council Member Deragon made the motion to go into executive session at 8:41 pm. Council Member Anderson seconded the motion. Motion passes. 22. CLOSED SESSION: Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to: a. Personnel: Consider City Manager Six (6) Month Evaluation (Government Code, Section 551.074). Council Member Anderson made the motion to return to open session at 9:19 pm. Council Member Green seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 23.Consider and act upon Items listed under Closed Session, as necessary. Council Member Deragon made the motion to take no action. Council Member Green seconded the motion. Motion passes. 24.Adjoum: Council Member Green made the motion to adjourn at 9:20 pm. Council Member Driskeil seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 0613-08 cc Minuteshoc 9 0613-08 Na a Wilkison, City Secretary nneth Pel am, Mayor OF gNtiv,`> 05-13-08 CC Minutes.dw 10 05-1308