HomeMy WebLinkAbout2009-04-14 Workshop & Regular Meeting MinutesMINUTES OF
CITY OF ANNA AGENDA NOTICE -CITY COUNCIL WORKSHOP
April 14. 2009 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., Tuesday,
April 14, 2009, 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 Kenneth Pelham and Council Members Mike Crist, Kevin Anderson,
Keith Green, Darren Driskell and Becky Glover were present.
3. Discussion of Ethics requirements for Council Members and members of
City Boards and Commissions. (Mayor Pelham)
Mayor Pelham read a Memorandum.
4. Consider/DiscuSS/Action regarding the Branding Project.
UNT Professors Keith Owens and Eric Ligon presented sketches of the logo
and of letter head, cards, etc. with the logo on them. The professors also
explained the logic of the logos and the colors selected to represent different
boards and commissions and the City.
Council Member Crist made the motion to enter into closed session at 6:51 pm.
Council Member Anderson seconded the motion. Motion passes.
AYE 6 NAY 0 ABSTAIN o
5. CLOSED SESSION (EXCEPTIONS): 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 1551.072);
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 1551.071);
C. consult with legal counsel regarding pending or contemplated
litigation:
04-14-09 cc Minutes.doc 1 04-14-09
1. City of Anna, Texas v. Walmat Inc., et al.; Cause No. 29S~
00288-2009, in the 29S8I Disbiet Court of Collin County,
Texas: and
2. SHG Land Investments of Anna Five, Ltd. V Lennar Homes of
Texas Land & Construction Ltd., et al.; Cause No. 366-00970
2008, in 36S8I Disbiet Court of Collin County, Texas.
d. Discuss or deliberate Economic Development Negotiations:
(1) To discuss or deliberate regarding commercial or financial
Infonnation that the City Council has received from a business
prospect that the City Council seeks to have locate, stay, or
expand in or near the territory of the City of Anna and with which
the City Council Is conducting economic development
negotiations; or
(2) To deliberate the offer of a financial or other incentive to a
business prospect described by subdivision (1). (Tex. Gov't Code
1551.087)
e. Personnel: Discussion regarding annual evaluation of the City
Attorney. (Government Code, Section 551.074).
The council further resen"e5 the right to enter into executive session at
any time throughout any duly noticed meeting under any appDuble
exception to the Open Meetings Act.
Council Member Anderson made the motion to return to open session at 7:23
pm. Council Member Glover seconded the motion. Motion passes.
AYE 6 NAY 0 ABSTAIN o
S. Discussion regarding any Item on the City Council's April 14, 2009
Regular Meeting Agenda.
No discussion.
7. Adjourn.
Council Member Green made the motion to adjourn at 7:24 pm. Council
Member Clover seconded the motion. Motion passes.
AYE 6 NAY 0 ABSTAIN o
()4..14-09 cc Minutes.doc 2 ()4..14-09
ATTEST: APPROVED:
04-14-09 cc Minutes.doc 3 04-14-09
MINUTES OF
CITY OF ANNA AGENDA NOTICE -CITY COUNCIL REGULAR MEE1'ING
April 14, 2009 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, April
14, 2009, 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 OpinionlSpeaker
Registration Form and tum it in to the City Secretary before the meeting starts.
1. Call to Order.
Mayor Kenneth Pelham called the meeting to order at 7:30 pm.
2. Invocation and Pledge of Allegiance.
Pastor Shawn Kemp gave the invocation.
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.
Stacy Driskell, President of the Greater Anna Chamber of Commerce made an
announcement for the Meet the Candidate Event, April 27, 2009.
4. Consider/Discuss/Action regarding City Council Members adopting a
Strategic Vision for the City of Anna.
City Manager, Philip Sanders presented the Strategic Vision for the City of Anna
as "Anna is our Home Town" and recommended adoption. Mayor Pelham made
the motion to adopt the Strategic Vision. Council Member Driskell seconded the
motion. Motion passes.
AYE 6 NAY 0 ABSTAIN o
5. Consent Items. These items consist of non-controvers/al or "housekeeping"
Items required by law. Items may be considered individually by any Council
member making such request prior to a motion and VON on the Consent Items.
a. Approve Minutes of Regular City Council Meeting March 24, 2009.
b. Review Minutes of Regular Planning and Zoning Meeting March 3,
2009.
c. Authorize request for applications from banks for Depository and
appoint Finance Director as Designated Officer to receive and
review applications. (Wayne Cummings)
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d. Approve the "Balderas Addition" development plat. (Maurice
Schwanke)
e. Approve a resolution accepting the contract with Dickerson
Construction Co., Inc. for the City of Anna Slater Sanitary Sewer
Main Extension Project as complete. (Philip Sanders)
Council Member Crist made the motion to approve. Council Member Driskell
seconded the motion. Motion passes.
AYE 6 NAY 0 ABSTAIN o
Mayor Pelham made the motion to go into closed session at 7:36 pm. Council
Member Driskell seconded the motion. Motion passes.
AYE 6 NAY 0 ABSTAIN o
Council Member Driskell made the motion to return to open session at 9:39 pm.
Council Member Anderson seconded the motion. Motion passes.
AYE 6 NAY 0 ABSTAIN o
Took a 5 minute recess. Return at 9:46 pm.
6. Consider/DiscuSS/Action regarding a resolution concerning the proposed
site plan for Harlow Fann and Ranch Supply located at 404 S. Powell Pkwy,
Anna, Texas.
Maurice Schwanke, Director of Planning and Development presented the Site
Plan and recommended approval subject to the attached Development Schedule
for a Temporary Certificate of Occupancy. Mr. John Rapier, Attorney for Ms.
Donna Harlow spoke in favor of the Site Plan. Donna Harlow was present and
answered questions from council members. Council Member Driskell made the
motion to approve. Council Member Green seconded the motion. Motion passes.
AYE 6 NAY 0 ABSTAIN o
7. Public Hearing: (2nd)
For City Council to hear public comment regarding annexation initiated by
the City of Anna to annex property currently owned by AnnaLand LTD,
Wood Oak Hollow LLC, and commonly known as Oak Ridge. The property
contains approximately 753 acres and is generally located adjacent to East
Fork Estates and on County Roads 210, 285, 827 and Fann to Market
Highway 455. (Maurice Schwanke)
Mayor Pelham opened the public hearing at 9:50 pm. Maurice Schwanke,
Director of Planning and Development made a brief statement. No other public
comment. Mayor Pelham closed the public hearing at 9:51 pm.
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8. Public Hearing: (2nd)
For City Council to hear public comment regarding annexation initiated by
the City of Anna to annex property currently owned by Daniel James and
Birgit O. Cahill. The property contains approximately 14 acres and is
generally located adjacent to County Roads 210 and 827. (Maurice
Schwanke)
Mayor Pelham opened the public hearing at 9:51 pm. Maurice Schwanke,
Director of Planning and Development made a brief statement and introduced the
Cahill's. No other public comment. Mayor Pelham closed the public hearing at
9:52 pm.
9. Public Hearing regarding an ordinance adopting a Water Conservation and
Drought Contingency and Water Emergency Response Plan. (James
Parkman)
Mayor Pelham opened the public hearing at 9:52 pm. James Parkman, Director
of Public Works stated this public hearing was needed before adopting the Water
Conservation Plan. No other public comment. Mayor Pelham closed the public
hearing at 9:53 pm.
10. ConsiderIDiscussiAction regarding an ordinance adopting a Water
Conservation and Drought Contingency and Water Emergency Response
Plan. (James Parkman)
James Parkman, Director of Public Works reviewed the Water Conservation Plan
and answered questions from council members. Council Member Crist made the
motion to approve. Council Member Green seconded the motion. Motion passes.
AYE 6 NAY 0 ABSTAIN o
11. ConsiderlDiscussiAction regarding approving a SCADA System Contract.
(James Parkman)
James Parkman, Director of Public Works reviewed the RFP process and the
negotiated contract with TRAC-N TROL Inc. Mr. Parkman answered questions
from council members and recommended authOrizing the City Manager to act on
the City's behalf to execute a contract in the amount of $170,000.00 for the
construction of a SCADA System. Council Member Glover made the motion to
approve. Council Member Crist seconded the motion. Motion passes.
AYE 6 NAY 0 ABSTAIN o
12. ConsiderlDiscussiAction regarding approving amending the EDC by-laws
concerning changing from 5 to 7 the number of members. (Jessica Perkins)
Jessica Perkins. Assistant to the City Manager stated this amendment to the
EDC Bylaws changes the board member from 5 to 7. Council Member Glover
made the motion to approve. Council Member Driskell seconded the motion.
Motion passes.
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AYE 6 NAY 0 ABSTAIN o
13. Consider/Discuss/Action regarding the appointment of two (2) members to
the EDC Board of Directors. (Jessica Perkins)
Council Member Crist nominated Sherilyn Godfrey to Place 6 and Bill Olsen to
Place 7. Council Member Driskell seconded the motion. Motion passes.
AYE 6 NAY 0 ABSTAIN o
14. Consider/Discuss/Action regarding approving an economic development
agreement between the Anna Economic Development Corporation and
Joe's Italian Bistro. (Jessica Perkins)
Council Member Anderson made the motion to take no action. Council Member
Crist seconded the motion. Motion passes.
AYE 6 NAY 0 ABSTAIN o
15. ConsiderlDiscuss/Action regarding an ordinance amending the Utility Rate
Schedule. (Philip Sanders)
City Manager, Philip Sanders reviewed the proposed ordinance amending Utility
Rate Schedule for Institutional customers like Anna ISO. Monthly minimum
charges reduce back to the $18.00 they were charged in 2008. The adjustment is
effective form 1211/2008 through July 31,2009. This will save the Anna ISO
approximately $28, 936 during their current fiscal year. Mr. Sanders answered
questions from council members. Council Member Crist made the motion to
approve. Council Member Driskell seconded the motion. Motion passes.
AYE 6 NAY 0 ABSTAIN o
16. Consider/DiscuSS/Action regarding Personnel Policy Amendments. (Philip
Sanders)
City Manager, Philip Sanders explained that the suggested amendments more
clearly state what is customary and what has been the City's practice related to
holiday compensation. Council Member Green made the motion to approve.
Council Member Anderson seconded the motion. Motion passes.
AYE 6 NAY 0 ABSTAIN o
17. Consider/Discuss/Action regarding an Ordinance adopting a Records
Management Program. (Clark McCoy)
Clark McCoy, City Attorney reviewed the ordinance adopting a Records
Management Program and answered questions from council members. Council
Member Crist made the motion to approve. Council Member Green seconded the
motion. Motion passes.
AYE 6 NAY 0 ABSTAIN o
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18. Consider/DiscuSS/Action on resolution providing for a fee to defray costs
of collecting delinquent fines, fees and other debts.
City Attorney, Clark McCoy explained that the resolution was providing for a fee
to defray costs of collecting delinquent fines, fee and other debts pursuant to
Article 103.0031 of the Texas Code of Criminal Procedure. Council Member Crist
made the motion to approve. Council Member Green seconded the motion.
Motion passes.
AYE 6 NAY 0 ABSTAIN o
19. ConsiderlOlscussiAction on contracts for delinquent tax collection, court
fines and utility fees. (Clark McCoy)
Clark McCoy, City Attorney stated that this resolution authorizes the City
Manager to sign contracts on behalf of the City for the services of Perdue,
Brandon, Fielder, Collins & Mott, LLP. for the purpose of collection of delinquent
taxes, utility accounts, court fees and fines. Council Member Green made the
motion to approve. Council Member Driskell seconded the motion. Motion
passes.
AYE 6 NAY 0 ABSTAIN o
20. Future agenda discussion regarding:
(a) Amending Fee on Special Event Signs. (Philip Sanders)
Council Members gave input into amending the sign ordinance regarding
non-profrt organizations and reducing the cost of the sign permit, etc.
Council's direction was to bring back an ordinance amending the sign
ordinance on a future council agenda.
(b) Amending distance requirements for sale of alcohol for on-premise
consumption. (CM Driskell)
Council's direction was to review variances on a case by case basis and not
change the ordinance; bring back a variance request, and letters from the
parties concerned stating their okay with the variance.
21. Discussion regarding the AnnalMelissa Sewer Project Agreement. (Philip
Sanders)
Philip Sanders, City Manager stated there was no other information at this time.
22. Discussion regarding the purchase of property for Police and Municipal
Annex Building. (Philip Sanders)
Philip Sanders, City Manager stated there no other updates at this time.
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23. Discussion of Economic Development Incentives for properties along U.S.
75 Corridor.
Philip Sanders, City Manager stated there was no other information at this time.
24. Consider/DiscuSS/Action on any items listed on posted agenda for April 14,
2009 City of Anna Workshop Session and occurring during this Regular
Meeting, as necessary.
Council Members revisited Item 4 of the workshop agenda regarding the
Branding Project Council Member Driskell made the motion to adopt the identity
mark shown. Mayor Pelham seconded the motion. Motion passes.
AYE 5 NAY 1 (CM Anderson) ABSTAIN o
Mayor Pelham made the motion to accept the City Attorney's evaluation. Council
Member Glover seconded the motion. Motion passes.
AYE 6 NAY 0 ABSTAIN o
25. Adjoum.
Council Member Anderson made the motion to adjourn at 10:28 pm. Council
Member Driskell seconded the motion. Motion passes.
AYE 6 NAY 0 ABSTAIN o
ATTEST: APPROVED:
04-14-09 cc Minutes.doc 9 04-14-09