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HomeMy WebLinkAboutCCmin2015-05-26MINUTES OF CITY OF ANNA AGENDA NOTICE — CITY COUNCIL WORKSHOP May 26, 2015 6:30 p.m. — Anna City Hall Administration Building The City Council of the City of Anna met in Workshop Session at 6:30 p.m., May 26, 2015 at the Anna City Hall Administration Building, located at 111 N. Powell Parkway (Hwy 5), regarding the following items: 1. Call to Order. Mayor Mike Crist called the meeting to order at 6:34 pm. 2. Roll Call and Establishment of Quorum. Mayor Mike Crist and Council Members Lauren Lovato, James T. Cook, Chad Barnes, Nathan Bryan and Dick Dowd were present. Council Member John Beazley was absent. Council Member Beazley arrived at 6:36 pm. 3. Administer the Statement of Elected Officer and the Oath of Office and present Certificate of Election to the newly elected officials. (Mayor) Acting City Secretary Mirenda McQuagge-Walden administered the Statement of Elected Officer and Oath of Office and presented the Certificate of Election to Mayor Crist and Council Member Burr. Council Member Burr took his place on Council. 4. Briefing / Discussion regarding FY 2016 Budget. (Clayton Fulton) Finance Director Clayton Fulton presented preliminary information to the City Council regarding the FY 2016 Police, Animal Control, Fire, Ambulance and Municipal Court budgets. The City Council discussed this item and suggested that the capital items in the Police Department be presented as supplementals rather than in the base budget. Council Member Barnes made the motion to enter closed session at 7:21 pm. Council Member Lovato seconded the motion. Motion passed. AYE 7 NAY 0 ABSTAIN 0 5. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: 05-26-15 CC Workshop Meeting Minutes.doc 1 05-26-15 a. litigation and/or 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); discussion regarding changes in state law regarding land use; b. discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); acquisition . of right-of-way, easements, and land for municipal facilities. The Council further 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 returned to open session at 7:31 pm. 6. Consider/Discuss/Action on any items listed on posted agenda for May 26, 2015 City of Anna City Council Regular Meeting or any Closed Session occurring during this Workshop, as necessary. Council Member Barnes made the motion to take no action. Council Member Bryan seconded the motion. Motion passed. AYE 7 NAY 0 ABSTAIN 0 7. Adjourn. Council Member Bryan made the motion to adjourn at 7:32 pm. Council Member Dowd seconded the motion. Motion passed. AYE 7 NAY 0 ATTEST: ABSTAIN 0 APPROVED: PF f rF d f 5# � ., I Mike Crist, Mayor 05-26-15 Mirenda McQuagge-Walden, Acting City Secretary P 05-26-15 CC Workshop Meeting Minutes.doc ABSTAIN 0 APPROVED: PF f rF d f 5# � ., I Mike Crist, Mayor 05-26-15 MINUTES OF CITY OF ANNA AGENDA NOTICE — CITY COUNCIL REGULAR MEETING May 26, 2015 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., May 26, 2015, at the Anna City Hall Administration Building, located at 111 North Powell Parkway (Hwy 5), to consider the following items. Welcome to the City Council Meeting. Please sign the Sign -In -Sheet as a record of attendance. If you wish to speak on an open -session agenda item please fill out the Opinion/Speaker Registration Form and turn it in to the City Secretary before the meeting starts. 1. Call to Order. Mayor Mike Crist called the meeting to order at 7:35 pm. 2. Invocation and Pledge of Allegiance. Mayor Mike Crist led the Pledge of Allegiance. 3. Citizen comments. Citizens are allowed 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 than to make statements of specific factual information in response to a citizen's inquiry or to recite existing policy in response to the inquiry. Mr. Tom Plunkett, 917 Calder Court, Anna, Texas, expressed his thanks to the Mayor, Council and staff for addressing the issues on Hackberry. 4. Receive reports from Staff or the City Council about items of community interest. Items of community interest include: expressions of thanks, congratulations, or condolence, information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen (but not including a change in status of a person's public office or public employment); a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. Mayor Crist announced that the City had learned today that longtime City Secretary Natha Wilkison had passed away. He said that details related to 05-26-15 CC Regular Meeting Minutes.doc 1 05-26-15 donations in lieu of flowers as well as funeral arrangements were still pending. He led an invocation and called for a moment of silence to honor Ms. Wilkison. S. Consider/Discuss/Action regarding electing the Mayor Pro Tem as directed in the City Charter. (City Council) Mayor Crist presented the item and nominated Chad Barnes for Mayor Pro Tem. Council Member Beazley made the motion to approve. Council Member Bryan seconded the motion. Motion passed. AYE 7 NAY 0 ABSTAIN 0 6. Consider/Discuss/Action regarding electing the Deputy Mayor Pro Tem as directed in the City Charter. (City Council) Council nominated John Beazley for Deputy Mayor Pro Tem. Mayor Crist made the motion to approve. Council Member Bryan seconded the motion. Motion passed. AYE 7 NAY 0 ABSTAIN 0 7. 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. a. Approve City Council Regular Meeting Minutes for March 24, 2015. b. Approve City Council Regular Meeting Minutes for April 14, 2015. c. Approve City Council Regular Meeting Minutes for April 28, 2015. d. Approve City Council Regular Meeting Minutes for May 12, 2015. e. Approve City Council Special Meeting Minutes for May 19, 2015 f. Approve a resolution approving a negotiated settlement between the Atmos Cities Steering Committee and Atmos Energy Corp. Mid - Tex Division regarding the company's 2014 and 2015 rate review mechanism filings. (Jessica Perkins) g. Approve a resolution regarding the approval of a special event permit and authority to execute an agreement between the City of Anna and Daddy Rex Twisted BBQ for a special event permit to sponsor a Summer Night Concert Series. (Maurice Schwanke) h. Approve a resolution adopting a Contractor Locality Local Opportunity Plan. (Joseph Johnson) i. Approve a resolution establishing rules regarding the use of excessive force during nonviolent civil rights demonstrations. (Joseph Johnson) j. Approve a resolution to adopting a Section 504 Grievance Procedure. (Joseph Johnson) 05-26-15 CC Regular Meeting Minutes.doe 2 05-26-15 k. Approve a resolution designating the month of August as Fair Housing Month and supporting fair housing activities within the city. (Joseph Johnson) I. Approve a resolution authorizing the sale of a Fire Department rescue vehicle. (Chief Gothard) Council removed items h, i and j from the regular Consent items. Council Member Barnes made the motion to approve items a -g, k and I. Council Member Bryan seconded the motion. Motion passed. AYE 7 NAY 0 ABSTAIN 0 Public Works Director Joseph Johnson and grant consultant Jessica Kaltenbach presented information on Items h -j and answered questions from Council. Council Member Burr made the motion to approve items h -j. Council Member Barnes seconded the motion. Motion passed. AYE 6 NAY 1 (Beazley) ABSTAIN 0 8. Public Hearing: For City Council to hear public comment regarding TxCDBG Civil Rights and Equal Opportunity: Policy of Nondiscrimination on the basis of handicapped status. (Joseph Johnson) Public Works Director Joseph Johnson presented the item to the Council and answered questions. Mayor Crist opened the public hearing at 7:49 pm. There were no public comments. Mayor Crist closed the public hearing at 7:49 pm. 9. Public Hearing: For City Council to hear public comment regarding the proposed rezoning of The Villages of Hurricane Creek from "PD" — single family residential to "PD" — single family residential. b. Consider/Discuss/Action regarding an ordinance approving the rezoning of The Villages of Hurricane Creek from "PD" — single family residential to "PD" — single family residential. (Maurice Schwanke) Planning Director Maurice Schwanke informed the Council that due to weather delays that the property did not close as planned. As a result, the applicant requested that the public hearing remain open and that the action item be postponed till the June 9 meeting. Mayor Crist opened the public hearing at 7:50 pm. There were no public comments. Mayor Crist stated that the public hearing would remain open till the June 9 meeting. No action was taken on this item. 10. Public Hearing: For City Council to consider public comments on a request by Mixon Realty Co, owner(s) of property, requesting a zoning change from (SFE) Single Family Estate to (C1) Restricted Commercial zoning on 05-26-15 CC Regular Meeting Minutes.doc 3 05-26-15 approximate 32.991 acres of land. The subject property is generally located east of County Road 286 and west of U.S. Hwy 75. b. Consider/Discuss/Action regarding adopting an ordinance approving the requested zoning change to (C1) Restricted Commercial zoning on approximate 32.991 acres of land. (Maurice Schwanke) Mr. Schwanke presented the item to Council and answered questions. Council Member Barnes made the motion to approve. Council Member Dowd seconded the motion. Motion passed. AYE 7 NAY 0 ABSTAIN 0 11. Briefing / Discussion regarding storm water management practices. (Joseph Johnson Mr. Johnson presented this item and answered questions. He also introduced Mr. Gary Hendricks with Birkoff, Hendricks and Carter who reviewed their firm's development review process as it pertains to drainage and relevant City ordinances. Mr. Ty Chapman with Bureau Veritas described the drainage review process that their staff conducts before a home can be approved for certificate of occupancy. Council Member Lauren Lovato left the meeting at 8:59 pm. Council Member Barnes made the motion enter into closed session at 9:01 pm. Council Member Dowd seconded the motion. Motion passed. AYE 6 NAY 0 ABSTAIN 0 12. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. consult with legal counsel regarding pending or contemplated litigation and/or 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); discussion regarding changes in state law regarding land use. b. discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); acquisition of right-of-way, easements, and land for municipal facilities; The Council further 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. 05-26-15 CC Regular Meeting Minutes.doc 4 05-26-15 Council returned to open session at 10:05 pm. 13. Consider/Discuss/Action on any items listed on posted agenda for May 26, 2015 Workshop Session or any closed session occurring during this Regular Meeting, as necessary. Council Member Bryan made the motion to take no action. Council Member Barnes seconded the motion. Motion passed. AYE 6 NAY 0 ABSTAIN 0 14. Adjourn. Council Member Dowd made the motion to adjourn at 10:06 pm. Council Member Bryan seconded the motion. Motion passed. AYE 6 NAY 0 ABSTAIN 0 Mirenda McQuagge-Walden, Acting City Secretary APPROVED: Mike Crist, Mayor 05-26-15 CC Regular Meeting Minutes.doc 5 05-26-15