HomeMy WebLinkAboutCCmin2010-08-24MINUTES OF
CITY OF ANNA AGENDA NOTICE -CITY COUNCIL WORKSHOP
August 24, 2010 6:45 p.m. -Anna City Hall Administration Building
The City Council of the City of Anna met in Workshop Session at 6:45 p.m., August 24,
2010, 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 6:45 pm.
2. Roll Call and Establishment of Quorum.
Mayor Darren R. Driskell and Council Members Mike Crist, Kevin
Anderson, Keith Green, John Geren, Marc Hendricks and Becky Glover
were present.
Council Member Crist made the motion to enter closed session at 6:46
pm. Council Member Green seconded the motion. Motion passes.
AYE 5 NAY 2 (CM Anderson and Hendricks) ABSTAIN 0
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. 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); Powell v. City of Anna, Cause No. 401-03815-2009 in
the 401st District Court of Collin County, Texas; Texas Star Bank v.
City of Anna, Cause No. 380-04163-2009 in the 380th District Court of
Collin County, Texas; City of Anna v. Walmat Inc., et al., Cause No.
296-00288-2009, in the 296th District Court of Collin County, Texas.
b. 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). West Crossing
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c. Personnel: City Secretary Annual Review. (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 Green made the motion to return to open session at 7:18
pm. Council Member Anderson seconded the motion. Motion passes.
AYE 7 NAY 0 ABSTAIN o
4. Discussion regarding any item on the City Council's August 24,2010
Regular Meeting Agenda Notice, which was posted at the same
date, time and place of this Workshop Agenda Notice.
No discussion.
5. Adjourn.
Council Member Crist made the motion to adjourn at 7:19 pm. Council
Member Green seconded the motion. Motion passes.
AYE 7 NAY 0 ABSTAIN o
ATTEST:
08-24-10 CC Minutes.doc 2 08-24-10
MINUTES OF
CITY OF ANNA AGENDA NOTICE -CITY COUNCIL REGULAR MEETING
August 24, 2010 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., August 24,
2010, 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 Driskell called the meeting to order at 7:30 pm.
2. Invocation and Pledge of Allegiance.
Shawn Kemp with The Crossroads Community 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.
Police Chief Jenks stated that the Child 10 event was a success.
Fire Chief Newton stated that the Fire Department will host a Charity Skeet Shoot
in October.
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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 10,2010.
b. Approve City Council Special Budget Workshop minutes for August
3,2010.
c. Review Anna Economic Development Regular minutes for May 6,
2010.
d. Review Anna Economic Development Special minutes for May 20,
2010.
e. Review Anna Community Development Regular minutes for May 6,
2010.
Council Member Geren made the motion to approve the consent items. Council
Member Crist seconded the motion. Motion passes.
AYE 7 NAY 0 ABSTAIN o
6. Introduction of full-time Fire Chief.
Mayor Driskell introduced Danny Newton as the new full-time Fire Chief of the
Anna Fire Department.
7. Discussion regarding 2010-2011 Fiscal Year Proposed Budget (Philip
Sanders)
City Manager, Philip Sanders recapped items in the proposed budget and
reviewed the proposed tax rate. Mr. Sanders reviewed setting aside a
contingency allocation of $97,983 in the budget that the charter allows and
setting $150,000 for the meter replacement program. Mr. Sanders answered
questions from council members regarding the proposed budget.
8. Public Hearing: Hear public comment on the proposed budget for Fiscal
Year 2010-2011.
Mayor Driskell opened the public hearing at 7:53 pm. There was no public
comment. Mayor Driskell closed the public hearing at 7:54 pm.
9. PublicHearing: Hear public comments in regard to the submission of an
application to the Texas Department of Rural Affairs. (Philip Sanders)
City Manager, Philip Sanders presented the item to council. Mayor Driskell
opened the public hearing at 7:55 pm. There was no public comment. Mayor
Driskell closed the public hearing at 7:55 pm.
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10. Consider/Discuss/Action on making a finding of public interest and
adopting an Ordinance regarding the annexation of the following tract: a
tract of land in the F. T. Daffau Survey, Abstract No. A0288 generally
located south of CR 370 and west of West Crossing Blvd and adjacent to
the city limits, containing 51.195 acres more or less. Requested by Julia
Jackson Gray and Duncan S. Gray owners of the property (Two-J Partners
LLLP). (Maurice Schwanke)
Maurice Schwanke, Director of Planning and Development presented the item to
council. City Attorney, Clark McCoy explained the reason to have a vote stating
that leaving a surrounded unincorporated area is in the best interest of the City at
this time and answered questions from council members. Mayor Driskell made
the motion that the City Council makes a finding that is in the public interest for
the annexation of 51.195 acres to cause an entirely unincorporated area to be
surrounded by the City's corporate limits. Council Member Crist seconded the
motion. Motion passes.
AYE 7 NAY 0 ABSTAIN o
Council Member Crist made the motion to approve the annexation ordinance.
Council Member Green seconded the motion. Motion passes.
AYE 7 NAY 0 ABSTAIN o
11. Consider/Discuss/Action on making a finding of public interest and
adopting an Ordinance regarding the annexation of the following tract: A
tract of land in the F. T. Daffau Survey, Abstract No. A0288 generally
located south of CR 370 and west of West Crossing Blvd and adjacent to
the city limits, containing 60.5490 acres more or less. Requested by Julia
Jackson Gray and Duncan S. Gray owners of the property (Two-J Partners
LLLP). (Maurice Schwanke)
Maurice Schwanke, Director of Planning and Development presented the item to
council. Mayor Driskell made the motion that the City Council makes a finding
that is in the public interest for the annexation of 60.5490 acres to cause an
entirely unincorporated area to be surrounded by the City's corporate limits.
Council Member Crist seconded the motion. Motion passes.
AYE 7 NAY 0 ABSTAIN o
Council Member Crist made the motion to approve the annexation ordinance.
Council Member Hendricks seconded the motion. Motion passes.
AYE 7 NAY 0 ABSTAIN o
12. (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 property, 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
08-24-10 CC Minutes.doc 5 08·24-10
is less; and providing for publication and caption hereof. The property is
currently zoned as Single Family Estate {SF E). The owners have requested
a Planned Development (PO) zoning to include Multiple Family Residential
(MF-2) and Restricted Commercial (C-1) District zoning with additional
uses. The property is located generally southwest of CR 370 and east of
US Hwy 75, containing approximate 50.5300 acres more or less, in the F. T.
Daffau Survey, Abstract No. A0288. The property is owned by Two-J
Partners LLLP. (Maurice Schwanke)
Maurice Schwanke, Director of Planning and Development present the item to
council and answered questions. Mayor Driskell opened the public hearing at
8:13 pm. Matt Robinson representative from Two-J Partners spoke in favor of the
zoning. Mayor Driskell closed the public hearing at 8: 15 pm.
(b) Consider/Discuss/Action on adopting an ordinance amending the City's
comprehensive plan, zoning map, and zoning ordinance and changing the
zoning of certain property, 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 and caption hereof. The property is
currently zoned as Single Family Estate (SF E). The owners have requested
a Planned Development (PO) zoning to include Multiple Family Residential
(MF-2) and Restricted Commercial (C-1) District zoning with additional
uses. The property is located generally southwest of CR 370 and east of
US Hwy 75, containing approximate 50.5300 acres more or less, in the F. T.
Daffau Survey, Abstract No. A0288. The property is owned by Two-J
Partners LLLP. (Maurice Schwanke)
Council Member Green made the motion to approve the zoning. Council Member
Crist seconded the motion. Motion passes.
AYE 7 NAY 0 ABSTAIN o
13. (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 property, providing for savings, repealing and severability
clauses; providing for an effective date; providing for a penalty clause not
to exceed $2000 or the highest penalty amount allowed by law, whichever
is less, and providing for publication and caption hereof. The property is
currently being considered for annexation and is therefore not zoned. The
owners have requested a Planned Development (PO) zoning to include
Single Family Residential (SFR) and Neighborhood Convenience (NC)
District zoning. The property is located generally south of CR 370, west of
West Crossing Blvd, containing approximate 111.75 acres more or less, in
the F. T. Daffau Survey, Abstract No. A0288. The property is owned by
Two-J Partners LLLP. (Maurice Schwanke)
Maurice Schwanke, Director of Planning and Development presented the item to
council and answered questions from council members. Mayor Driskell opened
08-24-10 CC Minutes.doc 6 08-24-10
the public hearing at 8:28 pm. Matt Robinson spoke in favor of the zoning. Mayor
Driskell closed the public hearing at 8:32 pm.
(b) Consider/Discuss/Action on adopting an ordinance amending the City's
comprehensive plan, zoning map, and zoning ordinance and changing the
zoning of certain property, providing for savings, repealing and severability
clauses; providing for an effective date; providing for a penalty clause not
to exceed $2000 or the highest penalty amount allowed by law, whichever
is less, and providing for publication and caption hereof. The property is
currently being considered for annexation and is therefore not zoned. The
owners have requested a Planned Development (PD) zoning to include
Single Family Residential (SFR) and Neighborhood Convenience (NC)
District zoning. The property is located generally south of CR 370, west of
West Crossing Blvd, containing approximate 111.75 acres more or less, in
the F. T. Daffau Survey, Abstract No. A0288. The property is owned by
Two-J Partners LLLP. (Maurice Schwanke)
Council Member Anderson made the motion to approve the zoning. Council
Member Green seconded the motion. Motion passes.
AYE 7 NAY 0 ABSTAIN o
14. Consider/Discuss/Action regarding a Resolution approving a Development
Agreement with Premier Pawn Texas, Ltd. (Philip Sanders)
City Manager, Philip Sanders presented the item to council. Mayor Driskell made
the motion to approve the new development agreement. Council Member Green
seconded the motion. Motion passes.
AYE 7 NAY 0 ABSTAIN o
15. Consider/Discuss/Action regarding authorizing the City Manager to sign a
letter of engagement to perform the financial audit of the City of Anna,
Texas for the fiscal year ending September 30, 2010. (Wayne Cummings)
Wayne Cummings, Assistant City Manager presented the item to council. Rod
Abbott, Certified Public Accountant was present and gave a brief summary on his
qualifications and answered questions from council members. Council Member
Green made the motion to approve Rod Abbott, Certified Public Accountant as
the Auditor for the City of Anna for fiscal year ending September 30, 2010.
Council Member Glover seconded the motion. Motion passes.
AYE 7 NAY 0 ABSTAIN o
Council did not enter closed session.
16. 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:
08-24-10 CC Minutes.doc 7 08-24-10
(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); Powell v. City of Anna,
Cause No. 401-03815-2009 in the 401st District Court of Collin County,
Texas; Texas Star Bank v. City of Anna, Cause No. 380-04163-2009 in the
380th District Court of Collin County, Texas; City of Anna v. Walmat Inc., et
al., Cause No. 296-00288-2009, in the 296th District Court of Collin County,
Texas.
(b)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). West Crossing.
(c) Personnel: City Secretary Annual Review. (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.
17. ConsiderlDiscuss/Action on any items listed on posted agenda for August
24, 2010 City of Anna Workshop Session or any closed session occurring
during this Regular Meeting, as necessary.
Council Member Crist made the motion to take no action. Council Member
Glover seconded the motion. Motion passes.
AYE 7 NAY 0 ABSTAIN o
18. Adjourn.
Council Member Anderson made the motion to adjourn at 8:43 pm. Council
Member Green seconded the motion. Motion passes.
AYE 7 NAY 0 ABSTAIN o
ATTEST:
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