HomeMy WebLinkAbout2009-12-08 Workshop & Regular Meeting MinutesMINUTES OF
CITY OF ANNA AGENDA NOTICE -CITY COUNCIL WORKSHOP
December 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.,
December 8,2009, 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 6:32 pm.
2. Roll Call and Establishment of Quorum.
Mayor Darren R. Driskell and Council Member Keith Green, Council
Member Marc Hendricks and Council Member Becky Glover were
present. Council Member Mike Crist and Council Member John Geren
were absent. Council Member Kevin Anderson arrived during executive
session at 6:48 pm.
Council Member Green made the motion to enter into closed session at
6:36 pm. Council Member Marc Hendricks seconded the motion. Motion
passes.
AYE 4 NAY 0 ABSTAIN o
3. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter
551, the City Council may enter into closed session to discuss any
items listed or referenced on this agenda under the follOWing
exceptions:
a. discuss or deliberate the purchase, exchange, lease, or value
of real property (Tex. Gov't Code §551.072);
b. consult with legal counsel regarding pending or
contemplated litigation and/or 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) including but not limited to
BenUey Powell v. City of Anna, Texas, Cause No. 401-03815·
2009 in the 401 st District Court of Collin County, Texas; Texas
Star Bank v. City of Anna, Texas, Cause No. 380-04163·2009
in the 380th District Court of Collin County, Texas; and Anna·
Weston boundary lines; SHG Land Investments of Anna Five,
Ltd. V Lennar Homes of Texas Land & Construction Ltd., et
al.; Cause No. 366·00970·2008, in 366th District Court of Collin
County, Texas.
12-08-09 cc Minutes.doc 12-08-09
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).
(a) Discussion regarding the Mantua Project.
(b) Discussion regarding Rosenzweig Properties
Development.
d. Personnel: Consider Annual Evaluation of the City Manager.
(Government Code, Section 551.074).
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 Anderson made the motion to return to open session at
7:29 pm. Council Member Hendricks seconded the motion. Motion
passes.
AYE 5 NAY 0 Abstain o
4. Discussion regarding any item on the City Council's December 8,
2009 Regular Meeting Agenda Notice, which was posted at the same
date, time and place of this Workshop Agenda Notice.
Mayor Driskell made the motion to take no action. Council Member
Hendricks seconded the motion. Motion passes.
AYE 5 NAY 0 ABSTAIN o
5. Adjourn.
Council Member Anderson made the motion to adjourn at 7:29 pm.
Council Member Green seconded the motion. Motion passes.
AYE 5 NAY 0 ABSTAIN o
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ATTEST:
12-08-09 CC Minutes.doc 3 12-08-09
MINUTES OF
CITY OF ANNA AGENDA NOTICE -CITY COUNCIL REGULAR MEETING
December 8, 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., December 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 turn it in to the City Secretary before the
meeting statts.
1. Call to Order.
Mayor Driskell called the meeting to order at 7:30 pm.
2. Invocation and Pledge of Allegiance.
Pastor Maggie Olvera with New Covenant Church 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; 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.
Anna Parade Saturday at noon.
Marketing -Invitation for residents to come to the old Independent Bank building
between 10:00 am and 2:00 pm to share stories about Anna to be used to market
Anna.
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5. Collin County Commissioner Joe Jaynes will be presenting a check for
$282,500.00 awarding a Park Grant for Natural Springs Park.
(Presentations)
Commissioner Jaynes presented a check for $282,500 for a park grant for
Natural Springs Park Phase II.
6. 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 November 10, 2009.
b. Review Anna Community Development Corporation minutes of
October 1, 2009.
c. Review Anna Economic Development Corporation minutes of
October 1, 2009.
d. Review Planning and Zoning minutes of October 6, 2009.
e. Review Park Advisory Board minutes of October 19, 2009.
f. Approve authorizing the solicitation of bids for Natural Springs Park
Phase II. (Maurice Schwanke)
Council Member Green made the motion to approve. Council Member Hendricks
seconded the motion. Motion passes.
AYE 5 NAY 0 ABSTAIN o
7. (a) PUBLIC HEARING: To consider public comment regarding an ordinance
amending the City's comprehensive plan, zoning map, and zoning
ordinance and changing the zoning of certain properties; providing for
savings, repealing and severability clauses; providing for an effective date;
providing for a penalty clause not to exceed $2,000 or the highest penalty
amount allowed by law, whichever is less; and, providing for publication.
Properties are generally located north of West White Street, east of Slayter
Creek, south of Fourth Street and west of South Powell Parkway and are
being rezoned from General Commercial District (C-2), Light Industrial (1-1)
and Heavy Industrial (1-2) to Restricted Commercial (C-1) District (Maurice
Schwanke)
Mayor Driskell opened the public hearing at 7:37 pm. Planning and Development
Director, Maurice Schwanke presented the item. There was no public comment.
Mayor Driskell closed the public hearing at 7:37 pm.
(b) Consider/Discuss/Action to adopt an ordinance amending the City's
comprehensive plan, zoning map, and zoning ordinance and changing the
zoning of certain properties; providing for savings, repealing and
12-08-09 CC Minutes.doc 5 12-08-09
severability clauses; providing for an effective date; providing for a penalty
clause not to exceed $2,000 or the highest penalty amount allowed by law,
whichever is less; and, providing for publication. Properties are generally
located north of West White Street, east of Slayter Creek, south of Fourth
Street and west of South Powell Parkway and are being rezoned from
General Commercial District (C-2), Light Industrial (1-1) and Heavy Industrial
(1-2) to Restricted Commercial (C-1) District. (Maurice Schwanke)
Council Member Glover made the motion to approve. Council Member Green
seconded the motion. Motion passes.
AYE 5 NAY 0 ABSTAIN o
8. (a) PUBLIC HEARING: To consider public comment regarding an ordinance
amending the City's comprehensive plan, zoning map, and zoning
ordinance and changing the zoning of certain properties; providing for
savings, repealing and severability clauses; providing for an effective date;
providing for a penalty clause not to exceed $2,000 or the highest penalty
amount allowed by law, whichever is less; and, providing for publication.
Properties are generally located north of Seventh Street, south of Fifth
Street, west of Riggins Street and east of South Powell Parkway and are
being rezoned from Light Industrial (1-1) and Heavy Industrial (1-2) to
Restricted Commercial (C-1) District. (Maurice Schwanke)
Maurice Schwanke, Director of Planning and Development presented the item to
council. Mayor Driskell opened the public hearing at 7:39 pm. There was no
public comment. Mayor Driskell closed the public hearing at 7:39 pm.
(b)Consider/Discuss/Action to adopt an ordinance amending the City's
comprehensive plan, zoning map, and zoning ordinance and changing the
zoning of certain properties; providing for savings, repealing and
severability clauses; providing for an effective date; providing for a penalty
clause not to exceed $2,000 or the highest penalty amount allowed by law,
whichever is less; and, providing for publication. Properties are generally
located north of Seventh Street, south of Fifth Street, west of Riggins Street
and east of South Powell Parkway and are being rezoned from Light
Industrial (1-1) and Heavy Industrial (1-2) to Restricted Commercial (C-1)
District. (Maurice Schwanke)
Council Member Glover made the motion to approve. Council Member Green
seconded the motion. Motion passes.
AYE 5 NAY 0 ABSTAIN o
9. (a) PUBLIC HEARING: To consider public comment regarding an ordinance
amending the City's comprehensive plan, zoning map, and zoning
ordinance and changing the zoning of certain properties; providing for
savings, repealing and severability clauses; providing for an effective date;
providing for a penalty clause not to exceed $2,000 or the highest penalty
amount allowed by law, whichever is less; and, providing for publication.
Properties are generally located south of West White Street, north of the
12-08-09 CC Minutes.doc 6 12-08-09
cemetery, east of the Oak Hollow Subdivision and west of Ferguson
Parkway and are being rezoned from General Commercial District (C-2) to
Restricted Commercial (C-1) District. (Maurice Schwanke)
Director of Planning and Development Maurice Schwanke presented the item.
Mayor Driskell opened the public hearing at 7:42 pm. There was no public
comment. Mayor Driskell closed the public hearing at 7:42 pm.
(b)ConsiderlDiscuss/Action to adopt an ordinance amending the City's
comprehensive plan, zoning map, and zoning ordinance and changing the
zoning of certain properties; providing for savings, repealing and
severability clauses; providing for an effective date; providing for a penalty
clause not to exceed $2,000 or the highest penalty amount allowed by law,
whichever is less; and, providing for publication. Properties are generally
located south of West White Street, north of the cemetery, east of the Oak
Hollow Subdivision and west of Ferguson Parkway and are being rezoned
from General Commercial District (C-2) to Restricted Commercial (C-1)
District. (Maurice Schwanke)
Council Member Glover made the motion to approve. Council Member Hendricks
seconded the motion. Motion passes.
AYE 5 NAY 0 ABSTAIN o
10. (a) PUBLIC HEARING: To consider public comment regarding an ordinance
amending the City's comprehensive plan, zoning map, and zoning
ordinance and changing the zoning of certain properties; providing for
savings, repealing and severability clauses; providing for an effective date;
providing for a penalty clause not to exceed $2,000 or the highest penalty
amount allowed by law, whichever is less; and, providing for publication.
Property is located at 920 West White Street (FM 455) and is being rezoned
from existing Planned Development (PD) Zoni"g under Ordinance No. 442
2009 to a new Planned Development (PD) with additional conditions and
uses. (Maurice Schwanke)
Maurice Schwanke, Director of Planning and Development presented the item to
council and answered questions from council members.
Jim Day, Applicant for the zoning change request presented handouts and
explained what he would be doing with the property. Mr. Day answered questions
from council members.
Sheryl Harlow spoke against the zoning change and proposed use of the
property.
Mayor Driskell opened the public hearing at 8:04 pm. There was no further public
comment. Mayor Driskell closed the public hearing at 8:04 pm.
(b) Consider/Discuss/Action to adopt an ordinance amending the City's
comprehensive plan, zoning map, and zoning ordinance and changing the
zoning of certain properties; providing for savings, repealing and
12-08-09 CC Minutes.doc 7 12-08-09
severability clauses; providing for an effective date; providing for it penalty
clause not to exceed $2,000 or the highest penalty amount allowed by law,
whichever is less; and, providing for publication. Property is located at 920
West White Street (FM 455) and is being rezoned from existing Planned
Development (PO) Zoning under Ordinance No. 442-2009 to a new Planned
Development (PO) with additional conditions and uses. (Maurice
Schwanke)
Mr. Schwanke answered questions from council members. Council Member
Green made the motion to send the item back to Planning and Zoning
Commission for a recommendation. Council Member Glover seconded the
motion. Motion passes.
AYE 3 NAY 2 (CM Anderson and Hendricks) ABSTAIN 0
11. Consider/Discuss/Action regarding resolution awarding the contract on the
Police and Customer Service Facility Remodel project and approving and
authorizing the execution of contract for same. (Chief Jenks)
Chief Jenks presented the item to council and recommended council adopt the
resolution awarding the contract to ScoBilt, Contractors in the amount of
$197,000.00. Council Member Anderson made the motion to approve. Council
Member Green seconded the motion. Motion passes.
AYE 5 NAY 0 ABSTAIN o
12. Consider/Discuss/Action regarding a resolution approving and authorizing
the execution of a general engineering contract with Birkhoff, Hendricks &
Conway, L.L.P .. (Philip Sanders)
City Manager, Philip Sanders presented the item to council and recommended
approval of a general engineering services contract to Birkhoff/Hendricks. Mr.
Sanders answered questions from council members. Council Member Green
made the motion to approve. Council Member Anderson seconded the motion.
Motion passes.
AYE 5 NAY 0 ABSTAIN o
13. Consider/Discuss/Action regarding approving a street engineering contract
or task order with Birkhoff, Hendricks & Conway, L.L.P. (Philip Sanders)
City Manager, Philip Sanders presented the item to council. Staff answered
questions from council members. Council Member Green made the motion to
approve. Council Member Glover seconded the motion. Motion passes.
AYE 5 NAY 0 ABSTAIN o
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14. Consider/Discuss/Action on a Resolution approving and authorizing the
execution of facilities use agreements with the Anna Youth Association.
(Philip Sanders)
City Manager, Philip Sanders presented the item to council. Council Member
Anderson made the motion to approve. Council Member Green seconded the
motion. Motion passes.
AYE 5 NAY 0 ABSTAIN o
15. Consider/Discuss/Action on a Resolution awarding and authorizing
execution of a new bank depOSitory contract. (Wayne Cummings)
Wayne Cummings, Assistant City Manager presented the item to council and
answered questions. Council Member Glover made the motion to approve.
Council Member Anderson seconded the motion. Motion passes.
AYE 5 NAY 0 ABSTAIN o
16. Consider/Discuss/Action regarding a Resolution withdrawing City of Anna
sponsorship of a proposed NRCS flood control lake. (Philip Sanders)
City Manager, Philip Sanders presented the item to council and answered
questions. Mayor Driskell made the motion to approve the resolution withdrawing
City of Anna sponsorship. Council Member Green seconded the motion. Motion
fails.
AYE 2 NAY 3 (CM Anderson, Hendricks and Glover) ABSTAIN 0
17. Discussion regarding Neighborhood Safety Programs. (Chief Jenks)
Chief Jenks updated council about some of the different crime prevention
programs in which the Anna Police Department is involved with implementing
and answered questions from council members.
18. Presentation/Discussion regarding new ISO ratings. (Philip Sanders)
City Manager, Philip Sanders, updated council regarding the new ISO rating. Mr.
Sanders stated that the Texas Department of Insurance State Fire Marshal's
Office has accepted the Insurance Services In. recommendation to reduce the
City of Anna's Public Protection Classification from a 7 to a 4 and that the new
rate would go into effect on March 1, 2010.
19. Consider/Discuss/Action regarding an appointment to fill a vacancy on the
Planning and Zoning Commission. (City Council)
City Attorney, Clark McCoy made a point of order that Council Member John
Geren arrived at 8:40 pm.
Council Members interviewed applicants Joshua CretSinger and Michael Howard.
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Mayor Driskell made the motion to appoint Michael Howard. Council Member
Hendricks seconded the motion. Motion fails.
AYE 3 NAY 2 (CM Geren and Glover) ABSTAIN 1 (CM Anderson)
An application from Darrin Colombo appeared and Council Member Anderson
wanted to interview him.
Council Member Glover made the motion to appoint Joshua Cretsinger. Motion
fails for lack of a second.
Mayor Driskell made the motion to appoint Michael Howard. Council Member
Hendricks seconded the motion. Motion fails.
AYE 3 NAY 2 (CM Geren and Glover) ABSTAIN 1 (CM Anderson)
Council Members discussed the appearance of an application and their wish to
interview Darrin Colombo. Council Members requested this item be placed on the
next city council agenda.
20. Consider/Discuss/Action regarding an appointment to fill a vacancy on the
Anna Community Development Corporation. (City Council)
Council Member Glover made the motion to appoint Council Member Green.
Motion dies for lack of a second.
Mayor Driskell made the motion to appoint Sandra Delgado. Council Member
Hendricks seconds the motion. Motion passes.
AYE 5 NAY 1 (CM Glover) ABSTAIN o
21. Consider/Discuss/Action regarding an appointment to fill a vacancy on the
Anna Economic Development Corporation. (City Council)
Mayor Driskell made the motion to appoint Sandra Delgado. Council Member
Anderson seconded the motion. Motion passes.
AYE 5 NAY 1 (CM Glover) ABSTAIN o
Council Member Green made the motion to enter into closed session at 8:51 pm.
Council Member Hendricks seconded the motion. Motion passes.
AYE 6 NAY 0 ABSTAIN o
22. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551,
the City Council may enter into closed session to discuss any items listed
or referenced on this agenda under the following exceptions:
a. discuss or deliberate the purchase, exchange, lease, or value of real
property (Tex. Gov't Code §551.072);
12-08-09 CC Minutes.doc 10 12-08-09
b. consult with legal counsel regarding pending or contemplated
litigation and/or 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)
including but not limited to Bentley Powell v. City of Anna, Texas,
Cause No. 401-03815·2009 in the 401 st District Court of Collin
County, Texas; Texas Star Bank v. City of Anna, Texas, Cause No.
380-04163-2009 in the 380th District Court of Collin County, Texas;
and Anna-Weston boundary lines; SHG Land Investments ofAnna
Five, Ltd. V Lennar Homes of Texas Land & Construction Ltd., et al.;
Cause No. 366-00970-2008, in 366th 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).
(a) Discussion regarding the Mantua Project.
(b) Discussion regarding Rosenzweig Properties Development.
d. Personnel: Consider Annual Evaluation of the City Manager.
(Government Code, Section 551.074).
Council Member Hendricks made the motion to return to open session at 9:45
pm. Council Member Glover seconded the motion. Motion passes.
AYE 6 NAY 0 ABSTAIN o
23. Consider/Discuss/Action on any items listed on posted agenda for
December 8, 2009 City of Anna Workshop Session or any closed session
occurring during this Regular Meeting, as necessary.
Council Member Glover moved that since Council Member Geren joined the
meeting late she would like to request a revote on items 7B, 8B, and 9B. Council
Member Green seconded the motion. Motion passes.
AYE 6 NAY 0 ABSTAIN o
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Mayor Driskell read item 7b. Council Member Glover made the motion to
approve. Council Member Hendricks seconded the motion. Motion passes.
AYE 6 NAY 0 ABSTAIN o
Mayor Driskell read item ab. Council Member Glover made the motion to
approve. Council Member Geren seconded the motion. Motion passes.
AYE 6 NAY 0 ABSTAIN o
Mayor Driskell read item 9b. Council Member Glover made the motion to
approve. Council Member Anderson seconded the motion. Motion passes.
AYE 6 NAY 0 ABSTAIN o
24. Adjourn.
Council Member Anderson made the motion to adjourn at 9:49 pm. Council
Member Glover seconded the motion. Motion passes.
AYE 5 NAY 1 (CM Hendricks) ABSTAIN o
ATTEST:
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