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HomeMy WebLinkAboutCCmin2012-02-28MINUTES OF CITY OF ANNA AGENDA NOTICE - CITY COUNCIL WORKSHOP February 28, 2012 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., February 28, 2012, 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. DriskelI and Council Members Mike Crist, Keith Green, John Garen and Becky Glover were present. Council Member Kevin Anderson arrived at 6:32 pm. Council Member Marc Hendricks was absent. 3. Presentation and Discussion regarding the Water and Wastewater Capital Improvement Plan. (Gary Hendricks) City Manager, Philip Sanders presented the item to council and introduced Gary Hendricks. Mr. Hendricks gave a presentation regarding the Water and Wastewater CIP and answered questions from Council Members. 4. Discussion regarding the 100 year anniversary of incorporation. (City Manager) No discussion at this time. 5. Discussion regarding City Council's March 13, 2012 regular meeting date. (City Manager) No discussion at this time. Council did not enter closed session at this time. 6. 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 02-28-12 CC Regular Minutes 1 02-28-12 Chapter 551 of the Government Code (Tex. Gov't Code §551.071); William Austin Gant and Paul Eugene Gant v. City of Anna, Cause No. 380-02370-2011 in the 380th District Court of Collin County, Texas; Danielle Budow v. State of Texas, Cause No. 296-04555-2011 in the 296th District Court of Collin County, Texas; Anna/Weston boundary agreement; Anticipated litigation regarding nuisance property condition at 323 East 7th Street, Anna, Texas. 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. 6. Discussion regarding any item on the City Council's February 28, 2012 Regular Meeting Agenda Notice, which was posted at the same date, time and place of this Workshop Agenda Notice. No discussion at this time. 8. Adjourn. Council Member Anderson made the motion to adjourn at 7:29 pm. Council Member Green seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 ATTEST: APPROVED: v City Secretary, Natha Wilkison ayor, Darren R. Driskell 02-28-12 CC Regular Minutes 2 02-28-12 MINUTES OF CITY OF ANNA AGENDA NOTICE — CITY COUNCIL REGULAR MEETING February 28, 2012 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., February 28, 2012, 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. 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. City Manager, Philip Sanders mentioned that the 100th year anniversary of incorporation for the City of Anna is coming up next year and planning for the event will begin soon. 02-28-12 CC Regular Minutes 3 02-28-12 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 Minutes for February 14, 2012 Regular Meeting. Mayor Driskell made the motion to approve the consent items. Council Member Crist seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 6. (a) Consider/Discuss/Action regarding a Resolution estimating the appraisal value of taxable real property liable for assessment to the proposed FM 455 Median Break Public Improvement District. (City Manager) City Manager, Philip Sanders presented the item to council and answered questions. Council Member Geren made the motion to approve. Council Member Crist seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN (b) Public Hearing of the City Council of the City of Anna to consider the advisability of the creation of a Public Improvement District to make certain median break improvements over certain property on or near FM 455 located within the corporate limits of the City of Anna. City Manager, Philip Sanders presented the item to Council. Mayor Driskell opened the public hearing at 7:39 pm. Matt Robinson spoke against the PID. Nancy Underwood spoke in favor of the PID. Thomas Smith spoke for the PID. Trey Sibley spoke against the PID. Mayor Driskell closed the public hearing at 8:03 pm. (c) Consider/Discuss/Action regarding a Resolution making findings regarding the proposed creation of FM 455 Median Break Public Improvement District. (City Manager) City Manager, Philip Sanders presented the item to council. Council Member Crist made the motion to enter closed session at 8:06 pm. Mayor Driskell seconded the motion. Motion passes. AYE 4 NAY 2 (CM Geren and CM Glover) ABSTAIN 0 Council Member Crist made the motion to return to open session at 8:14 pm. Council Member Anderson seconded the motion. Motion passes. 02-28-12 CC Regular Minutes 4 02-28-12 AYE 6 NAY 0 ABSTAIN Mayor Driskell made the motion to approve the resolution. Council Member Crist seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 7. Consider/Discuss/Action regarding a Resolution approving Membership in TEX-21. (City Manager) City Manager, Philip Sanders presented the item to council and answered questions. Council Members discussed the pros and cons ofjoining the coalition. Council Member Geren made the motion to approve. Council Member Green seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 8. Consider/Discuss/Action regarding an Ordinance amending the Tree Preservation Ordinance by removing tree preservation requirements within the Downtown Redevelopment District. (Maurice Schwanke) Maurice Schwanke, Director of Planning and Development presented the item to council and answered questions. Council Member Crist made the motion to approve. Council Member Glover seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 9. Consider/Discuss/Action regarding a Resolution setting the dates and times for public hearings and approving other matters related to the possible annexation of property on FM 2862. (Maurice Schwanke) Maurice Schwanke, Director of Planning and Development presented the item to council and answered questions. Council Member Green made the motion to approve. Council Member Crist seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 10. Discussion regarding proposed rules for itinerant vendors. (Maurice Schwanke) Maurice Schwanke, Director of Planning and Development presented the item for discussion and answered questions from council members. Staff and council members discussed parameters and guidelines for itinerant vendors. 02-28-12 CC Regular Minutes 5 02-28-12 11. Discussion regarding required closing of First Street Rail crossing. (City Manager) City Manager, Philip Sanders presented the item to council and answered questions. Council Member Crist made the motion to enter closed session at 8:44 pm. Council Member Green seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN Council Member Anderson made the motion to return to open session at 9:52 pm. Mayor DriskelI seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 12. Consider/Discuss/Action regarding resolution adopting Settlement Agreement and Release related to suit styled William Austin Gant and Paul Eugene Gant v. City of Anna, Cause No. 380-02370-2011 in the 380th District Court of Collin County, Texas. (City Attorney) Council Member Crist made the motion to approve. Council Member Anderson seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 13. 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); William Austin Gant and Paul Eugene Gant v. City of Anna, Cause No. 380-02370-2011 in the 3801" District Court of Collin County, Texas; Danielle Budow v. State of Texas, Cause No. 296-04555-2011 in the 296th District Court of Collin County, Texas; Anna/Weston Boundary Agreement; Anticipated litigation regarding nuisance property condition at 323 East 7th Street, Anna, Texas. 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. 02-28-12 CC Regular Minutes 6 0228-12 14. Consider/Discuss/Action on any items listed on posted agenda for February 28, 2012 City of Anna Workshop Session or any closed session occurring during this Regular Meeting, as necessary. Council Members discussed City Council's March 13, 2012 regular meeting date. The meeting falls during spring break and members discussed postponing the meeting to their next meeting on March 29, 2012. Council Member Crist made the motion to take no action. Council Member Glover seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 15. Adjourn. Council Member Anderson made the motion to adjourn at 9:54 pm. Council Member Crist seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 ATTEST: i tha Wilkison, City Secretary 02-28.12 CC Regular Minutes 7 02-28-12