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2011-05-24 Workshop & Regular Meeting Minutes
MINUTES OF CITY OF ANNA AGENDA NOTICE — CITY COUNCIL WORKSHOP May 24, 2011 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 24, 2011, 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 Kevin Anderson, John Geren and Becky Glover were present. Council Members Mike Crist, Keith Green and Marc Hendricks were absent. 3. Preview of FY 2012 Budget. (Philip Sanders) City Manager, Philip Sanders gave a presentation previewing the FY 2012 Budget and answered questions from council members. Council Member Geren made the motion to enter closed session at 7:08 pm. Mayor Driskell seconded the motion. Motion passes. AYE 4 NAY 0 ABSTAIN 0 4. 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. 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); discussion regarding delinquent tax matters and related annexations. 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. 05-24-11 CC Rcgular Meeting minutes.cloc 1 05-24-11 Mayor Driskell made the motion to return to open session at 7:23 pm. Council Member Geren seconded the motion. Motion passes. AYE 4 NAY 0 ABSTAIN 0 5. Discussion regarding any item on the City Council's May 24, 2011 Regular Meeting Agenda Notice, which was posted at the same date, time and place of this Workshop Agenda Notice. There was no discussion. 6. Adjourn. Council Member Anderson made the motion to adjourn at 7:23 pm. Council Member Geren seconded the motion. Motion passes. ATTEST: APPROVED: N tha Wilkison, City Secretary D n �risk1, Mayor ��rrrrrrrrrr�i ~��� © F r 'zz •9 w • as #01 • • 4) 05-24-11 CC Regular Meeting minutes.doc 2 05-24-11 MINUTES OF CITY OF ANNA AGENDA NOTICE — CITY COUNCIL REGULAR MEETING May 24, 2011 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 24, 2011, 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 starts. 1. Call to Order. Mayor Darren R. Driskell called the meeting to order at 7:30 pm. 2. Invocation and Pledge of Allegiance. Mayor Driskell gave the invocation. 3. Citizen comments. Citizens are allowed 3 minutes to speak. Tire Council is unable to respond to or discuss any issues that are brought up during this section that are not on the agenda, other titan 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 titan tite 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. Chief Jenks stated that the Fire Truck dedication went well. 05-24-11 CC Regular Meeting minutes.doc 3 05-24-11 5. Presentation of Certificate of Appreciation to Joseph Heard for the Natural Springs Park Gazebo. No presentation made. 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. City Council Minutes for Regular Meeting April 26, 2011. b. Approve "Roell Addition" final plat. The property is located at 1108 N. Powell Pkwy. (Maurice Schwanke) c. Approve a replat of lots 8 and 9 Block K of the West Crossing Addition. (Maurice Schwanke) d. Review P & Z Minutes for April 4, 2011. e. Authorization to solicit bids for the 2011 Street Improvement Project. Council Member Geren made the motion to approve the consent items. Council Member Anderson seconded the motion. Motion passes. AYE 4 NAY 0 ABSTAIN 0 7. Second public hearing regarding a Resolution regarding need to continue in effect current curfew for minors. (Chief Jenks) Chief Jenks presented the item to council. Mayor Driskell opened the public hearing at 7:33 pm. There was no public comment. Mayor Driskell closed the public hearing at 7:33 pm. 8. Consider/Discuss/Action approving a Resolution regarding need to continue in effect current curfew for minors Ordinance No. 208-2005. (Chief Jenks) Council Member Geren made the motion to approve. Council Member Glover seconded the motion. Motion passes. AYE 4 NAY 0 ABSTAIN 0 9. (a) To consider public comment on a request by Aaron Towner, representing Anna Commercial Partners, LLC, owner of property, requesting an amendment to the existing Planned Development zoning (PD 367-2008) on the subject tract for Planned Development zoning to specifically allow the operation of a major automobile repair and service business with no outside 05-24-11 CC Regular Meeting minutes.doc 4 05-24-11 storage on the tract as a permitted use. The tract is currently zoned as Planned Development zoning with General Commercial (C2) uses with restrictions on the subject tract. The property is generally located south of West White Street and west of Hawthorne Road. (Maurice Schwanke) Maurice Schwanke, Director of Planning and Development presented the item to council and answered questions from council members. 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. (b) Consider/Discuss/Action adopting an ordinance amending the City's comprehensive plan, zoning map and zoning ordinance and changing the zoning of certain property. The tract is currently zoned as Planned Development zoning with General Commercial (C2) uses with restrictions on the subject tract. The property is generally located south of West White Street and west of Hawthorne Road. (Maurice Schwanke) Mayor Driskell made the motion to approve. Council Member Glover had a couple of questions regarding the conditions that a automobile repair shop exists under in the zoning regulations. Council Member Anderson seconded the motion. Motion passes. AYE 4 NAY 0 ABSTAIN 0 9. (a) To consider public comment on a request by Danielle Dorman Chapa, representing Marty and Valerie Arms, owner of property, to change zoning of property from Single Family Residential (SF1) to Restricted Commercial (C1) with a Specific Use Permit to allow the construction and operation of a daycare center on a portion of the property. The property is generally located east of Interurban Street and south of West White Street and generally known as 811 S. Interurban St. (Maurice Schwanke) Maurice Schwanke, Director of Planning and Development presented the item to council and answered questions. Mayor Driskell opened the public hearing at 7:44 pm. There was no public comment. Mayor Driskell closed the public hearing at 7:44 pm. (b) Consider/Discuss/Action Adopting an ordinance to change zoning of Property from Single Family Residential (SF1) to Restricted Commercial (Cl) with a Specific Use Permit to allow the construction and operation of a daycare center on a portion of the property. The property is generally located east of Interurban Street and south of West White Street and generally known as 811 S. Interurban St. (Maurice Schwanke) Council Member Geren made the motion to approve. Council Member Glover seconded the motion. Motion passes. 05-24-11 CC Regular Meeting minutes.doc 5 05-24-11 AYE 4 NAY 0 ABSTAIN 0 11. Consider/Discuss/Action regarding Approving a site plan and landscape plan for the proposed (Mudpies) daycare center. (Maurice Schwanke) Maurice Schwanke, Director of Planning and Development presented the item to council. Council Member Anderson made the motion to approve. Council Member Glover seconded the motion. Motion passes. AYE 4 NAY 0 ABSTAIN 0 12. Consider/Discuss/Action regarding Approving "Mudpies Addition" final plat. (Maurice Schwanke) Maurice Schwanke, Director of Planning and Development presented the item to council. Council Member Anderson made the motion to approve. Council Member Glover seconded the motion. AYE 4 NAY 0 ABSTAIN 0 13. Consider/ Discuss/Action approving a Resolution regarding approving and designating the City Manager as the authorized official of the Grant Application for the Active Shooter Response Project to the Office of the Governor, Criminal Justice Division. (Chief Jenks) Chief Jenks presented the item to council. Mayor Driskell made the motion to approve. Council Member Anderson seconded the motion. Motion passes. AYE 4 NAY 0 ABSTAIN 0 14. Consider/Discuss/Action approving an Operations Agreement with South Grayson Water Supply. (Philip Sanders) City Manager, Philip Sanders presented the item to council and answered questions from council members. Council Member Geren made the motion to approve. Mayor Driskell seconded the motion. Motion passes. AYE 4 NAY 0 ABSTAIN 0 15. Consider/Discuss/Action regarding resolution of public necessity for the public welfare and convenience to acquire an easement(s) necessary for the construction and maintenance of facilities and improvements related to the Texas Community Development Block Grant Program project for utility lines to service areas on or near property owned by Marijewel Dickerson in the City of Anna, Texas. (Clark McCoy) 05-24-11 CC Regular Meeting minutes.doc 6 05-24-11 City Attorney, Clark McCoy presented the item to council and answered questions. Mayor Driskell made the motion to approve. Council Member Glover seconded the motion. Motion passes. AYE 4 NAY 0 ABSTAIN 0 lb. Consider/Discuss/Action adopting an Ordinance regarding Protection of Attorney Client Privilege. (Clark McCoy) City Attorney, Clark McCoy presented the item to council. Council Member Glover made the motion to approve. Mayor Driskell seconded the motion. Motion passes. AYE 4 NAY 0 ABSTAIN 0 17. Consider/Discuss/Action on a Resolution submitting nominees to serve on the Board of Directors of the North Texas Groundwater Conservation District. (Philip Sanders) City Manager, Philip Sanders presented the item to council. Council Member Glover nominated City Manager, Philip Sanders. Mayor Driskell seconded the nomination. AYE 4 NAY 0 ABSTAIN 0 18. Consider/Discuss/Action approving a Resolution authorizing the City Manger to execute an agreement for the production of a Fireworks Display. (Philip Sanders) City Manager, Philip Sanders presented the item to council. Mayor Driskell spoke against the cost of the fireworks show and stated he thought the money could be better spent on other projects for the city. Council Member Geren was against the cost of the show. Council Member Anderson would like to see the show combined with some other event. Council Member Glover agreed it was a lot of money but thought that we should do it any way, that residents expected it and it is a way to honor our veterans. Council Member Anderson made the motion to approve. Council Member Glover seconded the motion. Motion fails. AYYE 2 (CM Anderson & Glover) NAY 2 (CM Geren & Mayor Driskell) ABSTAIN 0 Council Member Glover and Council Member Anderson requested the item be Placed (revisited) on the next agenda. 05-24-11 CC Regular Meeting minutes.doc 7 05-24-11 19. 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. consult with legal counsel regarding pending or contemplated litigation b. 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); discussion regarding delinquent tax matters and related annexations. The council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any Council did not go into closed session at this time. 20. Consider/Discuss/Action on any items listed on posted agenda for May 24, 2011 City of Anna Workshop Session or any closed session occurring during this Regular Meeting, as necessary. Council Member Geren made the motion to take no action. Council Member Anderson seconded the motion. Motion passes. AYE 4 NAY 0 ABSTAIN 0 21. Adjourn. Council Member Anderson made the motion to adjourn at 8:07 pm. Council Member Geren seconded the motion. Motion passes. AYE 4 NAY 0 ABSTAIN 0 ATTEST: APP VED: N a Wilkison, City Secretary ,,,arr I is , Mayor OF �/ • • ' s oboe ababooeo EX 05-24-11 CC Regular Meeting minutes.doc 8 05-24-11