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HomeMy WebLinkAbout2009-09-08 Workshop & Regular Meeting MinutesMINUTES OF CITY OF ANNA AGENDA NOTICE -CITY COUNCIL WORKSHOP September 8, 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., September 8,2009, at the Anna City Hall Administration Building, located at 111 North Powell Parkway (Hwy 5), regarding the following items. 1. Can to Order Mayor Darren R. Driskell called the meeting to order at 6:37 pm. 2. Roll Can and Establishment of Quorum. Mayor Darren R. Driskell and Council Members Mike Crist, Keith Green, Marc Hendricks and Becky Glover were present. Council Member Anderson arrived 6:38 pm. 3. Discussion regarding 2009·2010 Fiscal Year Budget. (City CounCil) City Manager, Philip Sanders led the discussion regarding budget options and tax rate options to fund the budget. Mr. Sanders answered questions from council members. Council Member Crist made the motion to go into Closed Session at 6:56 pm. Council Member Green seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN o 4. 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 ); consult with legal counsel regarding pending or contemplated litigation: City of Anna, Texas v. Faizal Moosa, Individually; and Afshan Moosa, Individually; Cause No. 401-03415·2008 in the 401 st District Court of Collin County, Texas. 09-08-09 CC Minutes.doc 1 09-08-09 SHG Land Investments of Anna Five, Ltd. V Lennar Homes of Texas Land & Construction Ltd., et al.; Cause No. 366-00970-2008, in 366t11 District Court of Collin County, Texas. 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 §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. Council Member Anderson made the motion to return to open session at 7:32 pm. Council Member Crist seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN o 5. Discussion of AnnalWeston ETJ Boundary Agreement. None 6. Adjourn. Council Member Crist made the motion to adjourn at 7:34 pm. Council Member Green seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN o ATTEST: APPROVED: 09-08-09 MINUTES OF CITY OF ANNA AGENDA NOTICE -CITY COUNCIL REGULAR MEETING September 8, 2009 7:30 p.m. -Anna City Hall Administration Building The City Council of the City of Anna will meet in Regular Session at 7:30 p.m .• September 8, 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. Can to Order. Mayor Driskell called the meeting to order at 7:35 pm. 2. Invocation and Pledge of Allegiance. Pastor Rob Simmons 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. None 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; imannation 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 pelSon's public office or public employment); a reminder about an upcoming event organized or sponsored by the governing body; infonnation regarding a social, ceremonial, or community event organized or sponsored by an entity other than the goveming body that was attended or is scheduled to be attended by a member of the goveming body or an official or employee of the municipality; and announcements Involving an imminent threat to the publk 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 Consent Items. a. Approve City Council Regular minutes for August 25, 2009. 09-08-09 CC Minutes.doc 3 b. Approve City Council/Parks Board Special Joint Workshop minutes for August 8, 2009. c. Approve City Council/Planning and Zoning Commission Special Joint Workshop minutes for August 8, 2009. d. Approve City Council Special minutes for August 15, 2009. e. Approve settlement agreement in litigation styled: City of Anna, Texas v. Faizal Moosa, Individually; and Afshan Moosa, Individually; Cause No. 401-03415-2008 in the 401 st District Court of Collin County, Texas. (Clark McCoy) f. Approve a Final plat "West Crossing Boulevard & Rosamond Parkway Dedication". (Maurice Schwanke) g. Approve TML Intergovernmental Employee Benefits Pool Interlocal Agreement. (Wayne Cummings) h. Approve an ordinance regarding exempting certain vehicles from the InSCription Requirements of Section 721.004 of the Texas Transportation Code. (Chief Jenks) i. Approve Ordinance amending the City of Anna personnel policy manual regarding the standard work period. (Philip Sanders) Council Member Crist made the motion to approve the consent agenda. Council Member Glover seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN o 6. Public Hearing: (2nd ) For City Council to hear Public Comment on the proposed Tax Rate for Fiscal Year 2009-2010. (City Council) Mayor Driskell opened the public hearing at 7:37 pm. There was no public comment. Mayor Driskell closed the public hearing at 7:38 pm. 7. Consider/Discuss/Action regarding an Ordinance amending Part II, Article 8, Section 5 of the Anna City Code to require a Certificate of Occupancy upon change in ownership, tenancy or use of single family and duplex dwellings. (Philip Sanders) City Manager, Philip Sanders led the discussion to amend the Anna City Code to require a Certificate of Occupancy upon change in ownership, tenancy or use of single family and duplex dwellings and answered questions from council members. Amoret Cain spoke against the proposed ordinance. Marie Major spoke against the proposed ordinance. G. G. Cain spoke against the proposed ordinance. 09·08-09 CC Minutes.doc 4 09-08-09 Tom Morgan spoke against the ordinance. Clyde Geer did not speak but is against the ordinance. Tommy Cunningham spoke against the ordinance. Ty Chapman Bureau Veritas inspector was present and answered questions from council members on what inspectors would be inspecting. Mr. Chapman stated that they would be looking for life safety issues to be corrected. Council Member Glover made the motion to approve striking the last sentence. Council Member Hendricks seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 1 (CM Anderson) 8. Consider/DiscussiAction approving an Ordinance amending the Anna City Code establishing a new Section 19 under existing Part II, Article 8, establishing multi-family dwelling regulations. (Philip Sanders) City Manager, Philip Sanders stated that the ordinance would require apartment complexes that operate within the City to obtain an annual license and submit to an annual inspection of all living units within the complex. Mr. Sanders answered questions from council members. Council Member Green made the motion to approve. Council Member Crist seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN o 9. ConsiderlDiscussiAction regarding an ordinance amending Part II, Article 48, Section 8 and Section 9 of the Anna City Code of Ordinances related to required procedures for public information requests and amending personnel policy manual regarding procedures related to public information requests. (Clark McCoy) Clark McCoy, City Attorney explained that this ordinance provides for the ability to construct reasonable procedures for receiving and handling Public Information Requests. Mr. McCoy answered questions from council members. Council Member Crist made the motion to approve with the recommended changes. Council Member Glover seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN o 10. Consider/DiscussiAction regarding a Resolution approving and authorizing the City Manager to act on the City's behalf in executing the agreement for professional consulting services with Bureau Veritas North America Inc. (Philip Sanders) City Manager, Philip Sanders stated that public infrastructure constructed within the City must be installed in compliance with the City's standard specifications. In order to verify compliance with our codes, the City engages a third party inspection firm to monitor and inspect the work of the contractor charged with building the infrastructure. At the City's request Bureau Veritas North America, Inc. has submitted a proposal for the provision of public infrastructure inspection services to the City of Anna. Staff recommends Q9..08..09 CC Minutes.doc 5 09-08-09 approval. Council Member Crist made the motion to approve. Council Member Green seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN o 11. Consider/Discuss/Action regarding Collin County TIRZ and Tax Abatement Policies. (Philip Sanders) City Manager, Philip Sanders led the discussion regarding the County's proposed project eligibility requirements in a TIRZ and answered questions from council members. Council Member Crist made the motion to have staff draft a letter of disapproval of the proposed project eligibility requirements to send to the County. Council Member Glover seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAINED 0 Council Member Crist made the motion to enter closed session at 9:08 pm. Council Member Glover seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAINED 0 Council Member Crist made the motion to return to open session at 9:40 pm. Council Member Hendricks seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN o Five minute break taken returned at 9:45 pm. 12. Consider/Discuss/Action regarding appoinbnents to Planning and Zoning Commission to fill vacancies. (City Council) Applicant Anthony Halsell was present and council members interviewed him. Council Member Anderson nominated Anthony Halsell for Place 1. Council Member Green seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAINED 0 Mayor Driskell made the motion to table Place 6 appointment. Council Member Anderson seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN o 13. Consider/Discuss/Action regarding an appoinbnent to the Parks Advisory Board to fill a vacancy. (City Council) Council Member Glover made the motion to table the Place 2 appointment. Council Member Hendricks seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAINED 0 09-08-09 CC Minutes.doc 6 09-08-09 14. Consider/Discuss/Action regarding appointing a City Council liaison to 15. ConsiderlDiscuss/Action on any items listed on posted agenda for September 8, 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. Council Member Green seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAINED 0 16. Adjourn. Council Member Anderson made the motion to adjourn at 9:55 pm. Council Member Glover seconded the motion. Motion passes. AYE 5 NAY 1 (CM Hendricks) ABSTAINED 0 ATTEST: APPROVED: Jf:!L~ Na ha Wilkison, City Secretary 09-08-09 CC Minutes.doc 7 09-08-09