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HomeMy WebLinkAboutCCpkt2012-05-29Y{OUR} HOMETOWN CITY COUNCIL MEETING SIGN IN SHEET DATE: �9 Please sign -in as a record of attendance. All persons desiring to address the council are requested to sign below and fill out an Opinion/Speaker Registration Form. Please hand the Opinion/Speaker Registration Form to the City Secretary prior to the start of the City Council Meeting, ADDRESS t OF May 29, 2012 UNCIL SP rr The Cifiy Council of the City of Anna will meet in Special Budget Workshop Session and for a Special Meeting at 6:30 p.m., May 29, 2012, at the Anna City Hall Administration Building, located at 111 North Powell Parkway (Hwy 5), regarding the following items. 1. Call to Order 2. Roll Call and Establishment of Quorum. 3. Consider/Discuss/Action regarding an Ordinance establishing moratoriums on the permitting, construction and erection of windmills in the city's corporate limits and within 5,000 feet of the city's corporate limits. (City Manager) 4. Workshop: The following items/issues will be discussed. No action will be taken on any item. 1. Briefing/Discussion regarding projects and financial matters related to the FY 2011-2012 and FY 2012-2013 Budgets. 5. Adjourn. This is to certify that I, Natha Wilkison, City Secretary, posted this agenda at a place readily accessible to the public at the Anna City Hall and on the City Hall bulletin board at or before 5:00 p.m., May 24, 2012. a Wilkison, City Secretary I. The Council may vote and/or act upon each ofthe items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924- 3325 two working days prior to the meeting so that appropriate arrangements can be made. 05-29-12 CC Special Budget Workshop Agenda.doc 1 Posted 5-24-12 City of Anna Budget Workshop May 29, 2012 1. FY 2012 Update and FY 2013 Forecast (Clayton Fulton) 2. Project Update and FY 2013 Budget Discussion byDepartment a. EDC/CDC (Jessica Perkins) b. Finance, Utility Billing, Municipal Court (Clayton Fulton) c. Police (Chief Jenks) d. Fire/EMS (Chief Roma e. Planning &Development (Maurice Schwanke) f. Public Works, Streets, Parks (James Parkman) 3. Council Discussion/Comments 4. Adjourn Y(OIIR} HOMETOWN CITY COUNCIL MEETING SIGN IN SHEET DATE: .Z Please sign -in as a record of attendance. All persons desiring to address the council are requested to sign below and fill out an Opinion/Speaker Registration Form. Please hand the Opinion/Speaker Registration Form to the City Secretary prior to the start of the City Council Meeting, NAME ADDRESS 277 C� r May 29, 2012 6:30 PM —Anna City Hall Administration Building The Cifiy Council of the City of Anna will meet in Special Budget Workshop Session and for a Special Meeting at 6:30 p.m., May 29, 2012, at the Anna City Hall Administration Building, located at 111 North Powell Parkway (Hwy 5), regarding the following items. 1. Call to Order 2. Roll Call and Establishment of Quorum. 3. Consider/Discuss/Action regarding an Ordinance establishing moratoriums on the permitting, construction and erection of windmills in the city's corporate limits and within 5,000 feet of the city's corporate limits. (City Manager) 4. Workshop: The following items/issues will be discussed. No action will be taken on any item. 1. Briefing/Discussion regarding projects and financial matters related to the FY 2011"2012 and FY 2012-2013 Budgets, 5. Adjourn. This is to certify that I, Natha Wilkison, City Secretary, posted this agenda at a place readily accessible to the public at the Anna City Hall and on the City Hall bulletin board at or before 5:00 p.m., May 24, 2012. Wilkison, City Secretary 1. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924- 3325 two working days prior to the meeting so that appropriate arrangements can be made. 05-29-12 CC Special Budget Workshop Agenda.doc 1 Posted 5-24-12 City of Anna Budget Workshop May 291 2012 1. FY 2012 Update and FY 2013 Forecast (Clayton FUlton) 2. Project Update and FY 2013 Budget Discussion by Department a. EDC/CDC (Jessica Perkins) b. Finance, Utility Billing, Municipal Court (Clayton Fulton) c. Police (Chief Jenks) d. Fire/EMS (Chief Roma e. Planning &Development (Maurice Schwanke) f. Public Works, Streets, Parks (James Parkman) 3. Council Discussion/Comments 4. Adjourn City of Anna Memorandum DATE: May 29, 2012 TO: Mayor and City Council FROM: Philip Sanders, City ManagerA RE: Written findings based on reasonably available information regarding a proposed moratorium on the construction of windmills The City Staff has reviewed reasonably available information and has determined that that there is an essential public need for public facilities necessary to properly regulate and mitigate certain effects of Windmills, including but not limited to facilities such as a fire department ladder truck or other fire, police, and/or public works facilities that could enable City employees to be elevated in a safe manner in order to access and mitigate nuisance or unsafe conditions, such as noise effects, and safety conditions at overhead heights where the moving parts of wind turbines and protruding blades are typically located at significant heights above ground level. It is our opinion that the City is currently not in a position to provide such public facilities and that the failure to provide such public facilities would be detrimental to the health, safety, and welfare of the residents of the City. The City Staff has also determined, again based on reasonably available information, that: (1) applying existing development ordinances or regulations and other applicable laws it is not possible to accomplish in a safe manner, especially with respect to the City's authority to mitigate and/or abate nuisance conditions and unsafe buildings and structures without reasonable access to the type of public facilities referenced above; and (2) Windmills constructed and erected in and on certain residential or commercial lots at certain heights cause direct and/or secondary negative effects including diminution of nearby property values and the potential of damage to nearby property and persons as the safe and proper construction, erection, maintenance, repair, and use of Windmills is not sufficiently regulated by existing City ordinances and regulations. The City currently lacks ownership or control over the type of emergency and safety facilities that would be necessary to enable City employees to be elevated in a safe manner in order to access, mitigate and/or abate nuisance and safety conditions at overhead heights where the moving parts of wind turbines and protruding blades are typically located at significant heights above ground level. After reviewing our budget and financial resources, it is Staffs opinion that procuring the type of alternative methods of achieving the objectives of the moratorium such as a temporary rental of public facilities on as as -needed bases are unsatisfactory, as being too costly, and as the availability of such facilities is not certain or predictable in the event that the need to mitigate and/or abate nuisance and safety conditions at such overhead heights may require emergency action with little notice. It is the City Staffs opinion that the proposed moratorium is justified because applying existing commercial development ordinances or regulations and other applicable laws is inadequate to prevent the new development from being detrimental to the public health, safety, or welfare of the residents of the municipality. We believe that there is need to adopt new ordinances or regulations or to amend existing ordinances, in order to prevent or mitigate potential harm to the public health, safety, or welfare that will occur if a moratorium is not adopted, such harm including but not being limited to: (1) the detrimental effect on public health and safety if the City cannot provide for necessary mitigation and/or abatement of nuisance or unsafe conditions due to the City's lack of ownership or control over the type of emergency and safety facilities that would be necessary to enable City employees to be elevated in a safe manner in order to access and mitigate nuisance and safety conditions at overhead heights where the moving parts of wind turbines and protruding blades are typically located at significant heights above ground level; and (2) the City's lack of ordinances or regulations that would have the likely effect of ensuring that the construction, erection, maintenance, repair, and use of Windmills is performed at all times in a reasonably safe manner. The geographical boundaries in which the moratorium will apply is both within the City's corporate limits and within 5,000 feet outside the City's corporate limits and the moratorium will apply to all types of commercial development, residential development, industrial development, and any other new development. City Staff is developing a working plan and time schedule for achieving the purposes of the moratorium including a schedule of Council work sessions and City staff studying and planning activities. The objectives or goals to be achieved by adopting new ordinances or regulations or amending existing ordinances or regulations during the period that the moratorium is in effect include: (1) the assessment of the City's existing public facilities or lack thereof as relates to the health, safety, and welfare of the City's residents with regard to the potential abatement and/or mitigation of nuisance or unsafe conditions related to Windmills; (2) assessment of and amendments to existing ordinances and regulations related to measures required to ensure the safe and proper construction, erection, maintenance, repair, and use of Windmills; and (3) assessment of and amendments to existing ordinances and regulations related to measures required to achieve balance between the value of alternative energy sources and the protection quality of life issues for the City's residents, including but not limited to nuisance and unsafe conditions, aesthetics, and protection of property values. CITY OF ANNA, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF ANNA, TEXAS, MAKING FINDINGS RELATED TO WIND ENERGY CONVERSION SYSTEMS (WINDMILLS), ESTABLISHING MORATORIUMS ON THE PERMITTING, CONSTRUCTION AND ERECTION OF WINDMILLS IN THE CITY'S CORPORATE LIMITS AND WITHIN 5,000 FEET OF THE CITY'S CORPORATE LIMITS; PROVIDING FOR DURATION OF MORATORIUMS; PROVIDING FOR WAIVERS UNDER CERTAIN CIRCUMSTANCES; PROVIDING FOR PENALTIES IN AMOUNTS NOT TO EXCEED $2,000 FOR VIOLATIONS, PROVIDING SAVINGS, SEVERABILITY, AND REPEALING CLAUSE, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council ("Council") of the City of Anna, Texas ("City"), ahome-rule municipality operating under a home rule charter, desires to study and plan for the permitting and regulation of Wind Energy Conversion Systems ("Windmills"), as defined in Section 2 of this ordinance, and the Council has determined that there should be no issuance of permits related to Windmills and no construction or erection of Windmills for the duration of said studying and planning period; and WHEREAS, on May 17, 2012, the City published notice of the time and place of two public hearings concerning proposed moratorium on Windmills in a newspaper of general circulation in the municipality; and WHEREAS, on May 21, 2012, the Council and the City's Planning &Zoning Commission conducted properly noticed public hearings regarding Windmill moratorium, providing the public an opportunity to be heard on the matter, in compliance with the Texas Open Meetings Act; and WHEREAS, based on reasonably available information, the Council finds that there is an essential public need for public facilities necessary to properly regulate and mitigate certain effects of Windmills, including but not limited to facilities such as a fire department ladder truck or other fire, police, and/or public works facilities that could enable City employees to be elevated in a safe manner in order to access and mitigate nuisance or unsafe conditions, such as noise effects, and safety conditions at overhead heights where the moving parts of wind turbines and protruding blades are typically located at significant heights above ground level; and WHEREAS, based on reasonably available information, the Council finds that it is currently not in a position to provide such public facilities and that the failure to provide such public facilities would be detrimental to the health, safety, and welfare of the residents of the City; and WHEREAS, the Council has been presented with evidence supporting its findings made herein, including but not limited to the fact that: (1) applying existing development CITY OF ANNA, TEXAS ORDINANCE NO._ Page 1 of 5 ordinances or regulations and other applicable laws is not possible to accomplish in a safe manner, especially with respect to the City's authority to mitigate and/or abate nuisance conditions and unsafe buildings and structures without reasonable access to the type of public facilities referenced above; and (2) Windmills constructed and erected in and on certain residential or commercial lots at certain heights cause direct and/or secondary negative effects including diminution of nearby property values and the potential of damage to nearby property and persons as the safe and proper construction, erection, maintenance, repair, and use of Windmills is not sufficiently regulated by existing City ordinances and regulations; and WHEREAS, the Council has been presented with evidence supporting its findings made herein, including but not limited to the City's lack of ownership or control over the type of emergency and safety facilities that would be necessary to enable City employees to be elevated in a safe manner in order to access, mitigate and/or abate nuisance and safety conditions at overhead heights where the moving parts of wind turbines and protruding blades are typically located at significant heights above ground level; and WHEREAS, the Council has been presented with evidence including but not limited to financial and budgetary information showing that procuring the type of alternative methods of achieving the objectives of the moratorium such as temporarily rental of public facilities on as as -needed bases are unsatisfactory, as being too costly and as the availability of such facilities is not certain or predictable in the event that the need to mitigate and/or abate nuisance and safety conditions at such overhead heights may require emergency action with little notice; and WHEREAS, the Council has been presented with evidence by City Staff regarding its working plan and time schedule for achieving the purposes of the moratorium including a schedule of Council work sessions and City staff studying and planning activities; and WHEREAS, based on reasonably available information, the Council finds that the moratorium is justified because applying existing commercial development ordinances or regulations and other applicable laws is inadequate to prevent the new development from being detrimental to the public health, safety, or welfare of the residents of the municipality; and WHEREAS, the Council has been presented with evidence showing that the need to adopt new ordinances or regulations or to amend existing ordinances, including identification of the harm to the public health, safety, or welfare that will occur if a moratorium is not adopted, such harm including but not being limited to: (1) the detrimental effect on public health and safety if the City cannot provide for necessary mitigation and/or abatement of nuisance or unsafe conditions due to the City's lack of ownership or control over the type of emergency and safety facilities that would be necessary to enable City employees to be elevated in a safe manner in order to access and mitigate nuisance and safety conditions at overhead heights where the moving parts of wind turbines and protruding blades are typically located at significant heights above ground level; and (2) the City's lack of ordinances or regulations that would have CITY OF ANNA, TEXAS ORDINANCE NO._ Page 2 of 5 the likely effect of ensuring that the construction, erection, maintenance, repair, and use of Windmills is performed at all times in a reasonably safe manner; and WHEREAS, the geographical boundaries in which the moratorium will apply is both within the City's corporate limits and within 5,000 feet outside the City's corporate limits and the moratorium will apply to all types of commercial development, residential development, industrial development, and any other new development; and WHEREAS, the objectives or goals to be achieved by adopting new ordinances or regulations or amending existing ordinances or regulations during the period that the moratorium is in effect include: (1) the assessment of the City's existing public facilities or lack thereof as relates to the health, safety, and welfare of the City's residents with regard to the potential abatement and/or mitigation of nuisance or unsafe conditions related to Windmills; (2) assessment of and amendments to existing ordinances and regulations related to measures required to ensure the safe and proper construction, erection, maintenance, repair, and use of Windmills; and (3) assessment of and amendments to existing ordinances and regulations related to measures required to achieve balance between the value of alternative energy sources and the protection quality of life issues for the City's residents, including but not limited to nuisance and unsafe conditions, aesthetics, and protection of property values; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: Section 1. Recitals Incorporated All findings, summaries, and matters stated to be true and correct and are incorporated in their entirety. Section 2. Definition. in the preamble of this ordinance are found into the body of this ordinance as if copied Unless expressly stated to contrary, the following definition shall apply for the purposes of this ordinance: Wind Energy Conversion System ("Windmill"): Any free-standing device that converts wind energy to mechanical or electrical energy commonly known as a windmill or wind turbine or any such device that is attached to an existing building or other structure and protrudes more than four feet therefrom. A Windmill is inclusive of the turbine, support pole or structure and foundation system. It does not include roof -mounted turbines that Jo not produce energy and are intended as a cooling device for a building. Section 3. Moratorium on Windmills During the time period set forth in Section 4, below, and any extension thereof, no permits shall be issued with respect to Windmills and it shall be unlawful for any person to construct, erect, install, or otherwise establish a Windmill within the City's corporate CITY OF ANNA, TEXAS ORDINANCE NO._ Page 3 of 5 limits and/or within 5,000 feet outside the City's corporate limits. The moratorium applies to residential property, commercial property, industrial property, and all other property types and uses. Section at. Duration of Moratorium; Extension This i i iviatorium shall be in effect as provided for under state law and as of the date that this ordinance is adopted. As relates to all property other than commercial property, the moratorium shall expire 120 days after said date unless the moratorium is extended by further action of the Council. As relates to commercial property, the moratorium shall expire 90 days after the date that this ordinance is adopted unless the moratorium as relates to commercial property is extended by further action of the Council. Section 5. Waiver A person may apply for a waiver from the moratorium relating to the property subject to the permit by: (1) claiming a right obtained under a development agreement; or (2) providing the public facilities that are the subject of the moratorium at the landowner's cost. A written application for a waiver must be submitted to the City's Planning Department and must include the reasons for the request. The Council shall vote on whether to grant the waiver request within 10 days after the date of receiving the written request. Section 6. Savings, Severability and Repealing Clauses All ordinances of the City in conflict with the provisions of this ordinance are repealed to the extent of that conflict. If any provision, word, phrase, or other part of this ordinance shall be held to be invalid or unconstitutional, the remainder of such ordinance shall continue in full force and effect the same as if such invalid or unconstitutional provision had never been a part hereof. The City declares that it would have passed this ordinance, and each section, subsection, sentence, clause, phrase, and/or word thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases and/or words be declared unconstitutional or invalid. To the extent that Texas Local Government Code, Chapter 212, Subchapter E does not apply to property development that includes construction, erection, installation or otherwise establishing a Windmill, the Council hereby establishes the same moratoriums on Windmills as set forth in this ordinance and for the same durations as set forth in Section 4 of this ordinance under the City's authority as a home -rule municipality. Section 7. Publication of the Caption Hereof and Effective Date This ordinance shall be in full force and effective from and after its passage and upon the posting and/or publication, if required by law, of its caption and the City Secretary is hereby directed to implement such posting and/or publication. CITY OF ANNA, TEXAS ORDINANCE NO._ Page 4 of 5 PASSED by the City Council of the City of Anna, Texas, this 2012. ATTESTED: City Secretary, Natha Wilkison APPROVED: Mayor, Mike Crist day of CITY OF ANNA, TEXAS ORDINANCE NO._ Page 5 of 5 Welcome to the city council meeting.. Your presence and part€oi ation are appreciated, .SOU may make your opinion known an an issue ancVor €egiater to - speak to the Mayor and G►ly Council. Please tum t €s form in at. the sta tabre-to be forwarded to the Mayor. Please step to the podfum as snort as you are recognized by the Mayor and state your name aced address before beginnin.g. your presentation. If you have writer motes or other material you Y'lisft to present to the 4ayor and Gouneff, please furrtlsh art extra cqPY for the Oflieial fifes_ ,kddress: z D t5'tc\ (C.551A t)or<:P NP,I w ,fTx i 5 W29 Tetepl�©rye �u��er �s�: regard€rig Agenda [fetes No. � Council Meeting Date. r y4N �aok if necessa�� �*iestvti#**�k*ik�k3ei�1@**'.�fi�t7htti�F��**i7i'�F*�FicsiaFE�FiFat*£�#**#eE*�Y*�E�FtETe��*t�-�3-taitt�e*s'c*7fi�+2:�:p�*�#�r � �is� fo addr�ss tl�e l�ta}�or ar�d �� �or�r�c�l. do at wish to address €h-e Mayor and City Council, but. do, wi rsh to reg[ster Welcome to the city Gounofl meet€ng.. Your preset€ anal part1d tion are appreciated. .You may make -your opinion known. on an Issue ancVor register to- S p eak to the Mayor and City Council. Please tern this ��€ �n at the staff tabfato be forwarded to the mayor. PCaase step to the po&um as soon- as you are re€ nized b the Mayor and stag your name and address %ef€ m begumEng- Your �resentateon. If you have written notes or other .atereal you vast €� presentta tie ayr r and GouncUF please farnfsh- are extra c9py for the affr6ai files_ iai�te: ddressW i'ele��ar�� Regarding agenda tter� t�o.,�_„_ acrnci� �/feetir�� date: � �ga�rrst r�rner�ts_ ��se �ac� if nece�sat�� I wish to address the Mayor and City Gaunc€l, (PLEASE LIMIT COMMENTS TO 3 MINUTES) do not t is to address the Mayor r as Council, but do, wish fo regfster my Opinion.