HomeMy WebLinkAbout2009-08-25 Workshop & Regular Meeting MinutesMINUTES OF
CITY OF ANNA AGENDA NOTICE -CITY COUNCIL WORKSHOP
AU9ust 25, 2009 6:30 p.m. -Anna City Hall Administration Bulldin9
The City Council of the City of Anna met in Workshop Session at 6:30 p.m.,
August 25, 2009, at the Anna City Hall Administration Building, located at 111 North
Powell Parkway (Hwy 5), regarding the following items. .
1. C.II to Order
Mayor Darren R. Driskell called the meeting to order at 6:30 pm.
2. Roll Call and Establishment of Quorum.
Present were Mayor Darren R. Driskell and Council Members Mike Crist, Kevin
Anderson, Keith Green, Marc Hendricks and Becky Glover.
3. Discussion regarding 2009-2010 Fiscal Year Budget. (City Council)
City Manager, Philip Sanders stated he really didn't have anything new on the
proposed budget and that he placed this item on the agenda so council
members could discuss if they had any questions. Council Members did have
some questions for Mr. Sanders regarding the budget.
4. Discussion regarding parking recreational vehicles in residential areas
and on public streets. (Maurice Schwanke/Chief Jenks)
City Manager, Philip Sanders led the discussion on this item. Police Chief,
Kenny Jenks briefed council members on the law and complaints being
received regarding parking recreational vehicles in residential areas. Staff
answered questions from council members. Staff will come back to council with
a new ordinance addressing the issues discussed.
Council Member Keith Green made the motion to enter executive session at
6:50 pm. Council Member Crist seconded the motion. Motion passes.
AYE 5 NAY 1 (CM Anderson) ABSTAIN o
6. CLOSED SESSION (EXCEPTIONS): 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 of Texas clearly
conflicts with Chapter 551 of the Government Code (Tex. Gov't
Code §551.071);
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c. Discuss or deliberate Economic Development Negotiations:
(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
§661.087);
d. Personnel: Discussion of Assistant to the City Manager position.
(Government Code, Section 661.074).
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 Member Crist made the motion to return to open session at 7:25
pm. Council Member Glover seconded the motion. Motion passes.
AYE 6 NAY 0 ABSTAIN o
6. Adjourn.
Council Member Crist made the motion to adjourn at 7:26 pm. Council Member
Glover seconded the motion. Motion passes.
AYE 6 NAY 0 ABSTAIN o
ATIEST: APPROVED:
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MINUTES OF
CITY OF ANNA AGENDA NOTICE -CITY COUNCIL REGULAR MEETING
August 25, 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., August 25,
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 Fonn and tum it in to the' City Secretary before the
meeting starts.
1. c.n to Order.
Mayor Darren R. Driskell called the meeting to order at 7:32 pm.
2. Invocation and Pledge of Allegiance.
Dr. Chuck Vance, Pastor with Calvary Baptist Church led 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. .
Brad Nevil read a letter requesting that a 12.47 acre tract of land which he
owns be dis$nnexed.
4. Receive reports from Staff or the City Council about items of community
interest. Items of community interest include: expressions of thanks,
congratulations, or condolence; Information regan:llng holiday schedules; an
honorary or salutary recognition of a public official, public emplOyee, or other
citizen (but not including a change In status of a pefSon's public office or public
employment); a reminder about an upcoming event olTlanlzed or sponsored by
the govemlng body; information regan:ling a social, ceremonial, or community
event OIfIanized or sponsored by an entity other than the governing body that
was attended or is scheduled to be attended by a member of the governing body
or an official or emplOyee of the municipality; and announcements involving an
Imminent threat to the public health and safety of people in the municipality that
has arisen after the posting of the agenda.
None
5. Consent Items. These items consist of non-controversial or
"housekeeping" items required by law. Items may be considered
individually by any Council member making such request prior to a
motion and vote on the COlJ$ent Items.
a. Approve City Council Regular minutes for August 11, 2009.
OS-2~CC Min~.dQC 3 06-25-Q9
b. Approve City Council Special Budget Workshop minutes for
August 4, 2009.
c. Approve City Council Special Budget Workshop minutes for
August 8, 2009.
d. Review CDC minutes for March 4, 2009 and May 14, 2009.
e. Review EDC minutes for May 14,2009.
Council Member Crist made the motion to approve. Council Member Green
seconded the motion. Motion passes.
AYE 6 NAY 0 ABSTAIN o
6. Public Hearing: (1st)
For City Council to hear Public Comment on the proposed Tax Rate for
Fiscal Year 2009-2010. (City Council)
Mayor Darren R. Driskell opened the public hearing at 7:39 pm. There were no
public comments. Mayor Driskell closed the public hearing at 7:39 pm. Mayor
Darren R. Driskell stated that the vote to adopt a tax rate will be September 15,
2009 at 7:30 pm in Council Chambers of the City Hall Administration Building.
7. (a)Public Hearing:
To consider an amendment to the Anna City Code of Ordinances,
amending Part 111-C Zoning Ordinance, Section 4, Definition of Use and
Non Conforming Use; and Sections 36 and 39, Nonconforming Uses and
Certificates of Occupancy. (Maurice Schwanke) .
Mayor Darren R. Driskell opened the public hearing at 7:41 pm. Maurice
Schwanke, Director of Planning and Development summarized the
amendment. Mayor Driskell closed the public hearing at 7:41 pm. There was
public comment.
(b)Consider/DiscussJAct on recommendation regarding the above
referenced proposed amendments to the Zoning Ordinance. (Maurice
Schwanke)
City Attorney, Clark McCoy recommended council approve the latest version of
the ordinance handed out to council at tonight's meeting. Council Member
Green made the motion to approve the latest version. Council Member Crist
seconded the motion. Motion passes.
AYE 6 NAY 0 ABSTAIN o
8. (a)Public Hearing:
To consider public comment regarding zoning change amending the
Comprehensive Plan on a portion of Block B,· Lot 32 of Settlers Way
Addition by a request from Ellen Beeny, representing O'Riley Automotive
and representative for T & T Racing Enterprises Inc, owner of property,
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changing a portion of the existing Planned Development (PD) zoning to
Restricted Commercial (C1) zoning. The property is located north of West
White Street and east of Buffalo Bill Drive. (Maurice Schwanke)
Maurice Schwanke, Director of Planning and Zoning gave back ground
information on the current and proposed zoning and answered questions from
council members. David Strom with O'Reilly· Automotive was present and
answered questions from Council Members.
Mayor Driskell opened the public hearing at 7:42 pm.
Randy Heaslett presented a petition opposing the proposed re-zoning and
O'Reilly Auto Parts Site. Mr. Heaslett spoke in opposition on the re-zoning.
Mistee Mouledous spoke in opposition of the re-zoning. .
Sandra Bryant spoke in favor of the re-zoning.
Mayor Driskell closed the public hearing at 8:04 pm.
(b)Consider/Discuss/Act on recommendation regarding zoning change
amending the Comprehensive Plan on property generally located north of
West White Street and east of Buffalo Bill Drive changing the existing
Planned Development zoning to Restricted Commercial zoning. (Maurice
Schwanke) .
Council Members discussed and asked questions regarding O'Reilly
Automotive with representative David Strom and staff. Council Member Crist
made the motion to approve. Council Member Green seconded the motion.
Motion passes.
AYE 5 NAY 1 (CM Glover) ABSTAIN o
9. Consider/DiscusS/Action regarding an Ordinance Approving a Negotiated
Resolution between the ATMOS Cities Steering Committee and ATMOS
Energy Corp., MID-TEX Division regarding the company's rate review
mechanism filing in all Cities exercising original jurisdiction. (Philip
Sanders) .
City Manager, Philip Sanders led the discussion giving background information
and recommended approval of the ordinance. Council Member Crist made the
motion to approve. Council Member Green seconded the motion. Motion
passes.
AYE 6 NAY 0 ABSTAIN o
10. Consider/Discuss/Action regarding a Resolution approving an agreement
related to engineering contract by and among the Greater Texoma Utility
Authority, the City of-MeliSsa, the City of Anna, and Bucher, Willis & -
Ratliff Corporation. (Philip Sanders)
City Manager, Philip Sanders stated this is a settlement of a dispute related to
engineering services provided to the Greater Texoma Utility Authority on the
Ge-25-09 CC Min.....(IQc 08-25-09
design of the Throckmorton Creek and Trinity Rivers sewer lines. Mr. Sanders
recommended approval of the agreement. Council Member Green made the
motion to approve. Mayor Driskell seconded the motion. Motion passes.
AYE 4 NAY 2 (CM Crist and Glover) ABSTAIN o
11. Consider/Discuss/Action regarding approving the City of Melissa -City of
Anna Wastewater Service Agreement (Philip Sanders)
City Manager, Philip Sanders stated that the City of Anna and the City of
Melissa entered into an agreement to share the costs related to the
construction of wastewater collection mains along Throckmorton Creek and the
east fork of the Trinity River in Melissa. Mr. Sanders recommended approval of
the agreement with the City of Melissa to begin transporting untreated
wastewater through the Throckmorton Creek and Trinity River sewer lines.
Council Member Crist made the motion to approve. Council Member Green
seconded the motion. Motion passes.
AYE 6 NAY 0 ABSTAIN o
12. Consider/DiscuSS/Action regarding an Ordinance amending the Anna City
Code of Ordinances by amending Part IV, Schedule of Fees, Article 5,
Section 10: establishing athletic field reservation fees. (Philip Sanders)
Philip Sanders, City Manager stated that we are receiving inquiries from
organizations not affiliated with A YSA about using the ball fields at Slayter
Creek for private tournaments. This ordinance establishes a fee for the
reservation of athletic fields at Slayter Creek Park by organizations that do not
have a facilities agreement with the City. Mr. Sanders answered questions from
council members and recommended approval of the ordinance.
AYE 6 NAY 0 ABSTAIN o
13. Consider/Discuss/Action regarding a Resolution approving the City of
Anna, Private Tournaments or Single Game Usage Policies, Regulations
and Contract. (Philip Sanders) --.
City Manager, Philip Sanders stated that this document is the Private
Tournaments or Single Game Usage Policies, Regulations and Contract. The
document outlines tlie rules and regulations governing the reservation of the
athletic fields at Slayter Creek Park by organizations that do not have a
facilities use agreement with the City. Mr.-Sanders answered questions from
council members and recommended approval. Council Member Crist made the
motion to approve the latest version. Council Member Glover seconded the
motion. Motion passes.
AYE 6 NAY 0 ABSTAIN o
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14. Discussion regarding a Residential Property Inspection Program. (Philip
Sanders)
City Manager, Philip Sanders outlined a proposed residential inspection
program. The proposal is to amend the Building Code to require a certificate of
occupancy inspection upon change of occupancy in all single family and duplex
units. Mr. Sanders answered questions from council members. Council
Members would like to see this come back to council in ordinance fonn.
Tommy Cunningham spoke against the proposed program.
Diane Donley with Collin County Realtors Association spoke against the
proposed program. .
15. Consider/Discuss/Action regarding approving 2008-2009 Budget
Amendments. (Wayne Cummings)
Wayne Cummings, Assistant City Manager/Director of Finance stated this
budget amendment is a re-allocation of funds to the city budget without
requiring any additional funds to purchase equipment from remaining funds
available in this year's budget. Staff answered questions from council
members. Council Member Crist made the motion to approve the purchase of a
police vehicle, % ton crew cab pickup, new server, tractor loader replacement.
4. wheel utility vehicle and GPS equipment. Council Member Crist stated this
does not include the purchase of a % ton pickup. Council Member Glover
seconded the motion. Motion passes.
AYE 6 NAY 0 ABSTAINO
16. Consider/DiscuSS/Action on Ordinance regarding City personnel cost-of
living salary adjustments. (Clark McCoy)
City Attorney, Clark McCoy stated that the purpose of the amendment is to
provide that COLA percentage adjustments, if any are made, will be applied
equally to all employee salaries, regardless of whether an employee is
detennined by the City Manager or by the City Council. Mr. McCoy answered
questions from council members. Council Member Glover made the motion to
approve. Council Member Crist seconded the motion. Motion passes.
AYE 5 NAY 1 (CM Anderson) ABSTAIN o
17. Consider/Discuss/Action on any items listed on posted agenda for
August 25, 2009 City of Anna Workshop Session or any closed session
occurring during this Regular Meeting, as necessary.
Council Member Glover made the motion to take no action. Mayor Driskell
seconded the motion. Motion passes.
AYE 6 NAY 0 ABSTAIN o
7
18. Adjourn.
Council Member Anderson made the motion to adjourn at 9:23 pm. Council
Member Glover seconded the motion. Motion passes.
AYE 5 NAY 1 (CM Hendricks) ABSTAIN o
ATTEST: APPROVED:
08-25-09 CC Minutes.doc 8 08-25-09