HomeMy WebLinkAbout2009-09-22 Workshop & Regular Meeting MinutesMINUTES OF
CITY OF ANNA AGENDA NOTICE -CITY COUNCIL WORKSHOP
September 22, 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 22, 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 R. Driskell and Council Members Mike Crist, Keith Green,
Marc Hendricks and Becky Glover were present. Council Member Kevin
Anderson arrived 6:32 pm.
3. Administer the Statement of Elected Officer and the Oath of Office
and present Certificate of Election to newly elected official. (Mayor
Driskell)
Mayor Darren R. Driskell administered the Statement of Elected Officer
and the Oath of Office to newly elected John Geren.
Moved to items 5 and 6 before entering closed session.
Council Member Crist made the motion to enter closed session at 7:00
pm. Council Member Green seconded the motion. Motion passes.
AYE 6 NAY 1 (CM Anderson) ABSTAINED 0
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);
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
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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 Crist made the motion to return to open session at 7:29
pm. Council Member Glover seconded the motion. Motion passes.
AYE 7 NAY 0 ABSTAINED 0
5. ConsiderlDiscussiAction regarding the Throckmorton CreeklTrinity
River Sewer Project.
City Manager, Philip Sanders gave a brief introduction and Jerry
Chapman with GTUA gave a detailed summary of the Throckmorton
CreekfTrinity River Sewer Project and answered council member's
questions. Council Member Crist made the motion to approve the
AnnalGTUA contract subject to terms approved by the City Manager and
City Attorney. Council Member Green seconded the motion. Motion
passes.
AYE 7 NAY 0 ABSTAINED 0
6. Discussion regarding the Oncor Franchise Agreement
Philip Sanders, City Manager gave a brief introduction and Gerald Perrin
with Oncor summarized a recent ruling which affects the City's income
received according to the franchise agreement and answered council
member's questions.
7. Adjourn.
Council Member Glover made the motion to adjourn at 7:31 pm. Council
Member Green seconded the motion. Motion passes.
AYE 7 NAY 0 ABSTAINED 0
MINUTES OF
CITY OF ANNA AGENDA NOTICE -CITY COUNCIL REGULAR MEETING
September 22, 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., September 22,
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. Call to Order.
Mayor Darren R. Driskell called the meeting to order at 7:34 pm.
2. Invocation and Pledge of Allegiance.
Mayor Driskell gave the invocation and led the Pledge of Allegiance.
3. Mayor Darren R. Driskell to read a proclamation for National Night Out
festivities.
Mayor Driskell read the proclamation for National Night Out.
4. Citizen comments. Citizens are aI/owed 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
5. 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.
City Manager, Philip Sanders made the announcement for the Anna Greater
Chamber of Commerce bring a Circus to town October 9, 2009.
Council Member Crist made the announcement that the City is looking for
applicants for Parks Advisory Board and Planning and Zoning Commission.
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6. Presentation/Discussion regarding the 2009 Fall Glow Fest
City Manager, Philip Sanders introduced Stacy Driskell, President of the Greater
Anna Chamber of Commerce who made a presentation to Council regarding the
2009 Fall Glow Fest.
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 September 8, 2009.
b. Review P & Z Regular minutes for August 4, 2009.
c. Review EDC minutes for July 9,2009 and August 13, 2009.
d. Review CDC minutes for July 9, 2009 and August 13, 2009.
Council Member Crist made the motion to approve the consent items. Council
Member Glover seconded the motion. Motion passes.
AYE 7 NAY 0 ABSTAINED 0
8. Public Hearing:
(a)To consider public comment regarding zoning change amending the
Comprehensive Plan on property generally located north of West White
Street, east of Slayter Creek, South of Fourth Street, and west of South
Powell Parkway from General Commercial District (C2), Light Industrial (I
i) and Heavy Industrial (1-2) to Restricted Commercial (C1) district
(Maurice Schwanke)
Mayor Driskell opened the public hearing at 7:45 pm. Maurice Schwanke,
Director of Planning and Development presented the re-zoning case. Mr.
Schwanke stated that as with any land use there can from time to time be
additional zoning requests and that is a thing we will always entertain and look
at and we are not saying that the zoning will always be C-1 or that all of the
uses will always be C-1, and it is anticipated that this could be a mixed use
development.
Charles McKisseck representative for Texas Star Bank Board of Directors
humbly requested that the City deny this change in zoning on the Bank
property.
Bently Powell property owner asked that the change be denied.
Art Anderson of Dallas, Texas an attorney representing Texas Star Bank and
Bently Powell spoke on behalf of the Bank and Mr. Powell. Mr. Anderson stated
that the Bank and Mr. Powell had filed written protest, which triggers a three
fourths vote of the Council and requested the Council keeps the zoning the
same.
Mayor Driskell closed the public hearing at 7:56 pm.
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(b)Consider/DiscussiAction regarding an Ordinance amending the
Comprehensive Plan on property generally located north of West White
Street, east of Slayter Creek, south of Fourth Street, and west of South
Powell Parkway from General Commercial District (C2). Light Industrial (I
i) and Heavy Industrial (1-2) to Restricted Commercial (C1) district.
(Maurice Schwanke)
Maurice Schwanke, Director of Planning and Development answered questions
from council members. Council Member Geren made the motion to amend the
Comprehensive Plan on property generally located north of West White Street,
east of Slayter Creek, south of Fourth Street, and west of South Powell
Parkway from General Commercial District (C2), Light Industrial (1-1) and
Heavy Industrial (1-2) to Restricted Commercial (C-1). Council Member Crist
seconded the motion. Motion passes.
AYE 7 NAY 0 ABSTAINED 0
9. Public Hearing:
(a)To consider public comment regarding zoning change amending the
Comprehensive Plan on property generally located north of Seventh
Street, south of Fifth Street, west of Riggins Street, and east of South
Powell Pkwy from Light Industrial (1-1) and Heavy Industrial (1-2) to
Restricted Commercial (C1) district. (Maurice Schwanke)
Mayor Driskell opened the public hearing at 8:03 pm. Maurice Schwanke,
Director of Planning and Development presented the re-zoning case. Mr.
Schwanke stated that just like the last case there are uses in the industrial
classification that we have problems with in our downtown area and just like the
last case, we will always entertain new development opportunities that come
forward that are not just C-1 uses, but if someone has something they want to
modify to through a Planned Development or some other use, we will always
entertain and take a look at that.
Mary Anna Moore and Ken Bernica owners of the feed store spoke of their
concerns to still run the granary and becoming a non conforming use with the
re-zoning of their property. They also had concerns about adding buildings and
what happened if they sell the property.
Frank Joiner owner of a steel plant stated that he agreed with all that had been
said, and that he would always be a steel business more than likely, and that
his understanding was that even if it was sold it could still operate as long as it
was the same thing.
City Attorney, Clark McCoy stated to Ms. Moore and for the record any
representation or statement the City Planning Director mayor may not have
made at any time or opinions made by individual Council members do not bind
the City and what will determine the ultimate out come will be the City
ordinances. Discussion regarding non-conforming use and being able to
expand current businesses took place.
Mayor Driskell closed the public hearing at 8:17 pm.
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(b)Consider/DiscussiAction regarding an Ordinance amending the
Comprehensive Plan on property generally located north of Seventh
Street and east of South Powell Pkwy from Light Industrial (1-1) and Heavy
Industrial (1-2) to Restricted Commercial (C1) district. (Maurice Schwanke)
Council Member Glover made the motion to amend the Comprehensive Plan
on property located north of Seventh Street and east of South Powell Pkwy
from Light Industrial (1-1) and Heavy Industrial (1-2) to Restricted Commercial
(C-1) district. Council Member Crist seconded the motion. Motion passes.
AYE 7 NAY 0 ABSTAINED 0
10. Public Hearing:
(a)To consider public comment regarding zoning change amending the
Comprehensive Plan on property generally located south of West White
Street, north of the Cemetery, east of the Oak Hollow Subdivision, and
west of Ferguson Parkway from General Commercial (C2) to Restricted
Commercial (C1) district (Maurice Schwanke)
Mayor Driskell opened the public hearing at 8:18 pm. Maurice Schwanke,
Planning and Development Director presented the re-zoning case. Mayor
Driskell closed the public hearing at 8:22 pm.
(b)Consider/DiscussiAction regarding an Ordinance amending the
Comprehensive Plan on property generally located south of West White
Street, north of the Cemetery, east of the Oak Hollow Subdivision, and
west of Ferguson Parkway from General Commercial (C2) to Restricted
Commercial (C1) district (Maurice Schwanke)
Council Member Glover made the motion to amend the Comprehensive Plan
on property generally located south of West White Street, north of the
Cemetery, east of the Oak Hollow Subdivision, and west of Ferguson Parkway
from General Commercial (C2) to Restricted Commercial (C1) district. Council
Member Anderson seconded the motion. Motion passes.
AYE 7 NAY 0 ABSTAINED 0
11. Public Hearing
(a)To consider public comment on a request by Timothy McGarity, owner
of property, to change the zoning on tract of land in the Henry Brantley
Survey, Abstract 0071, from Single Family Residential (SF-i) to Restricted
Commercial (C1) zoning. Property is located at 411 N. Interurban.
(Maurice Schwanke)
Mayor Driskell opened the public hearing at 8:25 pm. Maurice Schwanke,
Director of Planning and Development presented the requested zoning change
case.
Timothy McGarity spoke in favor of the zoning change.
Mayor Driskell closed the public hearing at 8:30 pm.
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(b) Consider/Discuss/Action regarding an Ordinance to change zoning
from Single Family Residential to Restricted Commercial located at 411 N.
Interurban. (Maurice Schwanke)
Council Member Geren made the motion to change the zoning from Single
Family Residential to Restricted Commercial located at 411 N. Interurban.
Council Member Glover seconded the motion. Motion passes.
AYE 5 NAY 2 (CM Green and ABSTAINED 0
Mayor Driskell)
12. A Resolution of the City of Anna, Texas Establishing the Anna Christmas
Parade serves a public purpose and authorizing the City of Anna, Texas
City Manager to enter into this agreement with the State of Texas acting
by and through the Texas Deparbnent of Transportation. (Chief Jenks)
Philip Sanders, City Manager reviewed that City Council customarily shows
support to the annual Anna Christmas Parade. Permits from TxOOT are
required to block the state roads that will be used in the parade route. As part
of the permit process TxOOT requires a resolution. Stacy DriskeU, President of
the Greater Anna Chamber of Commerce explained that a different parade
route was being recommended this year. Council Member Anderson made the
motion to approve. Council Member Crist seconded the motion. Motion passes.
AYE 7 NAY 0 ABSTAINED 0
13. ConsiderlDiscussiAction regarding a Resolution of the City Council of the
City of Anna, Texas nominating a candidate for the Board of Directors for
the Central Appraisal District of Collin County Election. (Philip Sanders)
Philip Sanders, City Manager reviewed the specifICS of nominating one
candidate for this ballot and trying to get other entities such as the Anna ISD
and City Managers from near by Cities to support a qualified candidate to give
us a better chance of being represented on the Board. Council Member Glover
nominated Council Member Anderson. Council Member Hendricks seconded
the motion. Motion passes.
AYE 7 NAY 0 ABSTAINED 0
14. ConsiderlDiscuss/Action regarding a Resolution of the City Council of the
City of Anna, Texas nominating a representative for the Board of
Directors for the TllllEBP election. (Philip Sanders)
City Manager, Philip Sanders this resolution will represent the City's vote for
the person who will represent TML Region 13 on the Board and that staff is not
aware of nay reason why the incumbent Gayle Sims should not be reelected to
the Board. Mayor Driskell nominated Gayle Sims. Council Member Glover
seconded the nomination. Motion passes.
AYE 7 NAY 0 ABSTAINED 0
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15. Consider/Discuss/Action regarding a Resolution related to negotiations
with the City of Weston for agreement as to ultimate municipal boundary
lines. (Maurice Schwanke)
City Manager, Philip Sanders recommended to go into closed session.
Mayor Driskell made the motion to enter Closed Session at 8:39 pm. Council
Member Crist seconded the motion. Motion passes.
AYE 7 NAY 0 ABSTAINED 0
Mayor Driskell made the motion to return to open session at 8:49 pm. Council
Member Crist seconded the motion. Motion passes.
AYE 7 NAY 0 ABSTAINED 0
Maurice Schwanke, Director of Planning and Development stated that to our
knowledge the City of Weston never voted to agree to and never adopted the
agreement from 2005, Resolution 2005-1 ~04. Council Member Crist made the
motion to resend the previous resolution 2oo5-1~04. Council Member
Anderson seconded the motion. Motion passes.
AYE 7 NAY 0 ABSTAINED 0
16. ConsiderlDiscuss/Action regarding the approval of the Anna Economic
Development FY 2009-2010 Budget (Jessica Perkins)
Jessica Perkins, Assistant to the City Manager presented the Anna EDC FY
2009-2010 budget and answered questions from council members. Council
Member Green made the motion to approve. Council Member Geren seconded
the motion. Motion passes.
AYE 7 NAY 0 ABSTAINED 0
17. Consider/DiscuSS/Action regarding the approval of the Anna Community
Development FY 2009-2010 Budget (Jessica Perkins)
Jessica Perkins, Assistant to the City Manager presented the Anna CDC FY
2009-2010 budget and answered questions from council members. Council
Member Anderson made the motion to approve. Council Member Green
seconded the motion. Motion passes.
AYE 7 NAY 0 ABSTAINED 0
18. Consider/Discuss/Action on any items listed on posted agenda for
September 22, 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
Anderson seconded the motion. Motion passes.
AYE 7 NAY 0 ABSTAINED 0
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19. Adjourn.
Council Member Anderson made the motion to adjourn at 8:55 pm. Council
Member Glover seconded the motion. Motion passes.
AYE 6 NAY 1 (CM Hendricks) ABSTAINED 0
ArrEST: APPROVED:
?iML~
Nat a Wilkison, City Secretary
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