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HomeMy WebLinkAbout2009-05-26 Special Workshop, Workshop & Regular Meeting MinutesMINUTES OF CITY OF ANNA AGENDA NOTICE -CITY COUNCIL WORKSHOP May 26,2009 6:00 p.m. -Anna City Hall Administration Building The City Council of the City of Anna met in Workshop Session at 6:00 p.m., May 26, 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 Darren R. Driskell called the meeting to order at 6:06 pm 2. Roll Call and Establishment of Quorum. Present were Mayor Darren R. Driskell and Council Members Mike Crist, Marc Hendricks and Becky Glover. Council Members Kevin Anderson and Keith Green were absent. 3. Consider/Discuss/Action regarding adopting a resolution canvassing the returns of the City of Anna Election held May 9, 2009, to elect a Mayor and three City Council Members all for three­ year terms. (City Council) Council Member Glover made the motion to approve. Council Member Crist seconded the motion. Motion passes. AYE 4 NAY 0 ABSTAIN o 4. Adjourn. Council Member Crist made the motion to adjoum at 6:07 pm. Council Member Glover seconded the motion. Motion passes. AYE 4 NAY O. ABSTAIN o ATTEST: APPROVED: 05-26-09 CC Minutes.doc 05-26-09 MINUTES OF CITY OF ANNA AGENDA NOTICE -CITY COUNCIL WORKSHOP May 26, 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., May 26, 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 Darren R. Driskell called the meeting to order at 6:30 pm. 2. Roll Call and Establishment of Quorum. Mayor Darren Driskell and Council Members Mike Crist, Kevin Anderson, Keith Green, Marc Hendricks and Beck Glover were present. 3. Reception for New City Council Members and Out Going Mayor Kenneth L. Pelham. The meeting was recessed for the reception. 4. Presentation to Kenneth L. Pelham for his years of service as Mayor of the City of Anna. Mayor Darren R. Driskell presented a plaque to Kenneth L Pelham. The meeting reconvened at 6:58 pm. Council Member Green made the motion to go into executive session at 6:58 pm. Council Member Glover 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 §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. Discuss or deliberate Economic Development Negotiations: 05-26-09 CC Minutes.doc 2 05-26-09 (1 ) To discuss or deliberate regarding commercial or financial information 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 §551.087) 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 Mayor Driskell made the motion to return to open session at 7:30 pm. Council Member Anderson seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN o 6. Discussion regarding any item on the City Council's May 26, 2009 Regular Meeting Agenda. Council Member Crist made the motion to take no action. Council Member Green seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN o 7. Adjourn. Council Member Anderson made the motion to adjourn at 7:31 pm. Council Member Hendricks seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN o ATTEST: APPROVED: N 05-26-09 CC Minutes.doc 05-26-09 MINUTES OF CITY OF ANNA AGENDA NOTICE -CITY COUNCIL REGULAR MEETING May 26, 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., May 26, 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 Opinion/Speaker Registration Form and tum it in to the City Secretary before the meeting starts. 1. Call to Order. Mayor Darren R. Driskell called the meeting to order at 7:34 pm. 2. Invocation and Pledge of Allegiance. Dr. Charles Vance 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. Elmer McBride asked council to consider a senior citizen tax break. Zak Matuszak wanted do know if council had reviewed the DVD that he had dropped off and what was going to be done about the stench and noise on property near his home. 4. Consider/Discuss/Action regarding electing the Mayor Pro Tem as directed in the City Charter. (City Council) Mayor Driskell nominated Council Member Green. Council Crist seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN o 5. Consider/DiscusS/Action regarding electing the Deputy Mayor Pro Tem as directed in the City Charter. (City Council) Council Member Glover nominated Council Member Crist. Council Member Hendricks seconded the motion. Motion passes. AYE 5 NAY 1 (CM Anderson) ABSTAIN o 05-26-09 CC Minutes.doc 4 05-26-09 6. Discussion regarding filling the Vacancy for Place 4. (City Council) City Manager, Philip Sanders led the discussion stating the City must call for and hold an election to fill the vacancy within 120 days. Council Members discussed holding the election in August and staff was directed to have an ordinance calling for the election on the next regular agenda June 9, 2009. 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 minutes for May 12, 2009 and City Council Special minutes for May 18, 2009. b. Review Anna CDC Minutes for April 1 , 2009 and a joint meeting with the EDC April 23, 2009. c. Review Anna EDC Minutes for April 3, 2009; Special Meeting April 17, 2009 and joint meeting with the CDC April 23, 2009. d. Review P & Z Minutes for April 7, 2009. e. Approval of amendment to the contract with Birkhoff, Hendricks, and Conway LLP to develop a plat for the Anna EDC Business Park property Council Member Crist made the motion to approve the consent items. Council Member Anderson seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN o 8. (a) Public Hearing To consider public comment on a request by Anna Economic Development Corporation, owner of the property, to change zoning on a portion of a 48.0040 acre tract known as tract twenty-five of the Brantley, J. C Survey, A0114, located west of CR 427, approximately 900 ft. south of CR 376. The tract is currently zoned Single Family Estate (SFE) and the owner is requesting a Planned Development zoning on approximately 10 acres of the tract to allow the establishment of a laser tag outdoor park. (Maurice Schwanke) Mayor Driskell opened the public hearing at 7:42 pm. Maurice Schwanke, Director of Planning and Development reviewed the location and specifics of the property and the type of business wanting to locate here. Mr. Schwanke answered questions from council members concerned about noise and lighting. Mr. Stump spoke in favor of the business. Stacy Driskell, President of the GACC spoke in favor of the business locating to Anna. Mayor Driskell closed the public hearing at 8:01 pm. 05-26-09 CC Minutes.doc 5 05-26-09 (b) Consider/Discussion/Action regarding an ordinance to change zoning on a portion of a 48.0040 acre tract known as tract twenty-five of the Brantley, J. C Survey, A0114, located west of CR 427, approximately 900 ft. south of CR 376. The tract is currently zoned Single Family Estate (SFE) and the owner is requesting a Planned Development zoning on approximately 10 acres of the tract to allow the establishment of a laser tag outdoor park. (Maurice Schwanke) Council Member Anderson made the motion to approve. Council Member Anderson seconded the motion. Council Member Crist pointed out a change to be made "LI'" needed to be "L 1" and council members okayed the change. Motion passes. AYE 6 NAY 0 ABSTAIN o 9. (a) Public Hearing To consider public comments on proposed amendments to the Code of Ordinance by amending Part III C, of the Anna Code, the Comprehensive Zoning Ordinance amending the minimum lot size in the "SFE" and the "AG" districts. (Maurice Schwanke) Mayor Driskell opened the public hearing at 8:02 pm. Maurice Schwanke, Director of Planning and Development explained the reason for amending the zoning ordinance changing the lot size from 35,000 square feet to 43,560 square feet is because the minimum size of a lot for a septic tank service is one (1) acre. Mayor Driskell closed the public hearing at 8:05 pm. (b) Consider/DiscusS/Action regarding an ordinance amending the Code of Ordinance by amending Part III C, of the Anna Code, the Comprehensive Zoning Ordinance amending the minimum lot size in the "SFE" and the "AG" districts. (Maurice Schwanke) Council Member Green made the motion to approve. Council Member Crist seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN o 10. Consider/DiscuSS/Action authorizing City Manager to execute for and on behalf of the City a development agreement with Wood Oak Hollow, LLC and Annaland, Ltd. (Philip Sanders) City Manager, Philip Sanders stated that an agreement had been worked out with Wood Oak Hollow, LLC/Annaland, Ltd and recommended approval. Council Member Anderson made the motion to approve. Council Member Crist seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN o 05-26-09 CC Minutes.doc 6 05-26-09 11. Consider/Discussion/Action authorizing the expenditure of funds to participate in the construction of a waterline on Interurban Street. (Philip Sanders) City Manager, Philip Sanders explained that this would up grade the water line from an 8" to a 12" along Interurban Street and South Powell Parkway for future development. The $11,018 is the difference between an 8" water line and a 12" water line. Mr. Sanders answered questions from council members. Council Member Anderson made a motion to approve. Council Member Glover seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN o 12. Consider/Discuss/Action regarding approving an economic development agreement between the Anna Economic Development Corporation and Joe's Italian Bistro. (Jessica Perkins). Jessica Perkins, Assistant to the City Manager explained that the restoration of the historic property is for operating a restaurant that previous EDC Members and Mr. Ulaj entered into a Site Improvement Reimbursement Agreement. Staff recommends that Council honor the previous EDC board's agreement to pay Mr. Ulaj a total of $50,000.00 for site improvements. Council Member Green made the motion to approve. Council Member Crist seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN o 13. Discussion regarding Anna Police Department Grant Applications. (Chief Jenks) Chief Jenks explained that the Police Department is trying for three (3) grants. One of the grants is for four (4) sworn positions to be funded by the grant for three years. The second grant is for technology such as computers, etc. and the third is for funding a mobile crime scene processing vehicle and the civilian employee to act as the CSI. Chief Jenks answered questions from council members. 14. Discussion regarding a proposed rental property licensing and inspection program. (Philip Sanders) Philip Sanders, City Manager explained that the proposed rental property licensing and inspection program is to ensure that the properties are being property maintained. Mr. Sanders explained some of the specifics of the ordinance and answered questions from council members. 15. Future Agenda Consideration: Consider/DiscuSS/Action regarding placing the following items on a future City Council agenda. a. Reconsider sign ordinance and fee schedule for certain temporary promotional signs. (Council Member Glover) 05-26-09 CC Mlnutes.doc 7 05-26-09 Council Member Glover would like to reconsider the ordinance to include the ability to place temporary signs on private property. Council Member Glover made the motion to put on a future agenda. Council Member Hendricks seconded the motion. Motion passes. AYE 3 (Council Members Hendricks and Glover and Mayor Driskell) NAY 3 (Council Members Crist, Anderson and Green) ABSTAIN 0 b. Funding for fireworks for July 4. 2009. (Council Member Green) Mayor Driskell excused himself because of a conflict of interest and left the room. City Manager, Philip Sanders gave council members information regarding funding to local non-profit organizations and that it was not in the budget to fund this program. Mr. Sanders answered questions from council members. Council Member Anderson made the motion to place on a future agenda. Council Member Crist seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN o 16. Consider/Discuss/Action on any items listed on posted agenda for May 26, 2009 City of Anna Workshop Session and occurring during this Regular Meeting, as necessary. Council Member Anderson made the motion to take no action. Council Member Crist seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN o 17. Adjoum. Council Member Anderson made the motion to adjourn at 8:57 pm. Council Member Hendricks seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN o ArrEST: APPROVED: 05-26-09 CC Minutes.doc 8 05-26-09