HomeMy WebLinkAboutCCmin2012-03-29MINUTES OF
CITY OF ANNA AGENDA NOTICE - CITY COUNCIL WORKSHOP
March 29, 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., March 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.
Mayor Darren R. Driskell called the meeting to order at 6:42 pm.
2. Roll Call and Establishment of Quorum.
Present were Mayor Darren R. Driskell and Council Members John Geren,
Marc Hendricks and Becky Glover. Council Member Crist arrived in time
for the 7:30 regular meeting. Council Members Kevin Anderson and Keith
Green were absent.
Mayor Driskell made the motion to enter closed session at 6:44 pm.
Council Member Geren seconded the motion. Motion passes.
AYE 4 NAY 0 ABSTAIN
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);
Danielle Budow v. State of Texas, Cause No. 296-04555-2011 in the
296th District Court of Collin County, Texas; discussion regarding the
2010 CDBG Contract; discussion regarding ballot propositions.
b. Personnel Matters: City Attorney Annual Evaluation. (Tex. Gov't
Code §551.074).
c. Discuss or deliberate Economic Development Negotiations: (1) To
discuss or deliberate regarding commercial or financial information
that the Board of Directors has received from a business prospect that
the Board of Directors seeks to have locate, stay, or expand in or near
the territory of the City of Anna and with which the Board is
03-29-12 CC Regulu Meeting Minutmdou 1 03-29-12
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) future
development on FM 455 near Ferguson Pkwy.
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.
Mayor Driskell made the motion to return to open session at 6:57 pm.
Council Member Glover seconded the motion. Motion passes.
AYE 4 NAY 0 ABSTAIN 0
4. Discussion regarding any item on the City Council's March 29, 2012
Regular Meeting Agenda Notice, which was posted at the same date, time
and place of this Workshop Agenda Notice.
No discussion.
5. Adjourn.
Mayor Driskell made the motion to adjourn at 6:58 pm. Council Member
Hendricks seconded the motion. Motion passes.
AYE 4 NAY 0 ABSTAIN
ATTEST:
�atha Wilkison, City Secretary
W�uh„,
OF
* *=
�f rrlr'F`+1 tt 111111.14"`\``````\
03-29-12 CC Regular Meeting Minutes.doo 2 03-2942
MINUTES OF
CITY OF ANNA AGENDA NOTICE — CITY COUNCIL REGULAR MEETING
March 29, 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., March 29,
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 speck
factual information in response to a citizen's inquiry or to recite existing policy
in response to the inquiry.
Kaylee Young with the Young Leaders of Anna Organization spoke to council.
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.
The May 12, 2012 Election and the Greater Anna Chamber of Commerce Golf
Tournament was mention. Mayor Driskell read a proclamation recognizing the
Young Leaders of Anna organization.
03-29-12 CC Regular Meeting Mututes.doo 3 03-29-12
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 28, 2012 Regular
Meeting.
b. Approving a Resolution regarding an Interlocal Agreement for
Arson Task Force. (Chief Roma)
C. Approve a Resolution to authorize the EDC to sign a waiver of
rights under the performance agreement with Image Vision Labs.
(Jessica Perkins)
d. Approve a Resolution to authorize the EDC to hire a facilitator to
conduct a strategic planning session. (Jessica Perkins)
e. Approve a Resolution to authorize the EDC to hire a CPA to
complete IRS form 990. (Jessica Perkins)
f. Approve a Resolution to authorize the CDC to hire a CPA to
complete IRS form 990. (Jessica Perkins)
g. Approve EDC Minutes for February 2, 2012 Regular Meeting and
EDC Minutes for December 1, 2011 Regular Meeting. (Jessica
Perkins)
h. Approve CDC Minutes for February 2, 2012 Regular Meeting.
(Jessica Perkins)
i. Authorize City Staff to solicit bids for the 2012 street
rehabilitation project. (James Parkman)
j. Authorize City Staff to solicit bids for the FM 455 utility
relocation project. (James Parkman)
k. Approve a Resolution authorizing payment and reimbursement
for Council Member travel and training expenses. (Natha
Wilkison)
Council Member Crist made the motion to approve. Council Member Hendricks
seconded the motion. Motion passes.
AYE 5 NAY 0 ABSTAIN 0
6. Presentation and approval of the 2011 Fiscal Year Audit. (Clayton Fulton)
Clayton Fulton, Director of Finance introduced Auditor Rod Abbott who
presented the 2011 Fiscal Year Audit. Council Member Geren made the motion to
approve. Council Member Glover seconded the motion. Motion passes.
03-29-12 CC Regular Meeting Minutes.doc 4 03-29-12
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 property. Millenium TLC Enterprises
LLC, owner(s) of property, is requesting a zoning change to Planned
Development (PD) zoning to provide for Downtown Redevelopment District
with a Specific Use Permit (SUP) for apartments/condominiums above the
first floor on the subject tract. The property is currently zoned as Single
Family Residential (SF) and Restricted Commercial (Cl) zoning. The
property is located at 205 N. Powell Pkwy. (Maurice Schwanke)
Maurice Schwanke, Director of Planning and Development present the item to
council. Mayor Driskell opened the public hearing at 7:54 pm. Howard Durfee
expressed his concerns with this project. Ronald Banberg expressed his concerns
with this zoning. Mayor Driskell closed the public hearing at 7:58 pm.
(b) Consider/Discuss/Actiou adopting an Ordinance amending the City's
Comprehensive Plan, Zoning Map and Zoning Ordinance and changing the
zoning of certain property. The owner(s) is requesting a zoning change to
Planned Development (PD) zoning to provide for Downtown Redevelopment
District with a Specific Use Permit (SUP) for apartments/condominiums
above the first floor on the subject tract. The property is currently zoned as
Single Family Residential (SF) and Restricted Commercial (Cl) zoning. The
property is located at 205 N. Powell Pkwy. (Maurice Schwanke)
Maurice Schwanke, Director of Planning and Development answered questions
from council members. Council Member Crist made the motion to approve.
Council Member Glover seconded the motion. Motion passes.
AYE 5 NAY 0 ABSTAIN 0
8. Consider/Discuss/Action approving Agave Azul Plaza Site and Landscape
Plans.(Maurice Schwanke)
Maurice Schwanke, Director of Planning and Development present the item to
council. Council Member Crist made the motion to approve. Council Member
Glover seconded the motion. Motion passes.
AYE 5 NAY 0 ABSTAIN 0
9. Consider/Discuss/Action regarding a Resolution appointing primary,
secondary, and administrative representatives on the TEX-21 coalition. (City
Manager)
City Manager, Philip Sanders presented the item to council. Council Member
Crist made the motion to approve the Primary Member Representative as the
Mayor; the Mayor Pro Tem as the Secondary Member Representative; and the
03-29-12 CC Replu Meeting Minutcs.doc 5 03-29-12
City Manager as the Administrative Member Representative. Council Member
Geren seconded the motion, Motion passes.
AYE 5 NAY 0 ABSTAIN 0
10. Consider/Discuss/Action approving a Resolution regarding funding for
median break and driveway improvements on FM 455. (City Manager)
City Manager, Philip Sanders 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 5 NAY 0 ABSTAIN 0
11. Consider/Discuss/Action adopting a resolution authorizing and creating the
FM 455 Median Break Public Improvement District and setting forth
procedures and methods and making provisions for notices relating to said
District. (City Manager)
City Manager, Philip Sanders presented the item to council. Nancy Underwood
spoke in favor of this item. Johnny Bratcher spoke in favor of this item. Mayor
Driskell made the motion to approve. Council Member Geren seconded the
motion. Motion passes.
AYE 5 NAY 0 ABSTAIN 0
12. Consider/Discuss/Action adopting an Ordinance regarding declaring an
Official newspaper of general circulation in the City. (City Manager)
City Manager, Philip Sanders presented the item to council and answered
questions from council members. Council Member Glover made the motion to
approve. Council Member Crist seconded the motion. Motion passes.
AYE 5 NAY 0 ABSTAIN
13. Consider/Discuss/Action regarding an Ordinance amending Ordinance No.
514-2010, regarding emergency management procedures and the
Comprehensive Emergency Management Plan. (Chief Roma)
City Manager, Philip Sanders presented the item to council to approve only the
section of the Comprehensive Emergency Plan amending to include the Collin
County Emergency Operations Plan. Council Member Crist made the motion to
enter into closed session. Council Member Glover seconded the motion. Motion
fails.
AYE 2 (CM Crist and Glover)
03-29-12 CC Regular Meeting Minutes.doc 6 03-29-12
NAY 3 (CM Goren, Hendricks and Mayor Driskell)
ABSTAIN 0
Discussion returned to amending the section designating the Emergency
Management Coordinator who will have primary responsibility to oversee the
City's operational response to a local emergency. Council Members had trouble
having someone not from the City in this position and wanted to know their
options to remedy the situation. Council Member Crist made the motion to amend
only sections 5 and 6. Council Member Goren seconded the motion. Motion
passes.
AYE 3 (CM Crist, Goren and Glover)
NAY 2 (CM Hendricks and Mayor Driskell)
ABSTAIN 0
Council Members directed City Attorney, Clark McCoy to draft an ordinance
limiting the pool of qualified applicants in which the Mayor may appoint as the
Emergency Management Coordinator.
14. 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);
Danielle Budow v. State of Texas, Cause No. 296-04555-2011 in the
296t" District Court of Collin County, Texas; discussion regarding the
2010 CDBG Contract; discussion regarding ballot propositions.
b. Personnel Matters: City Attorney Annual Evaluation. (Tex. Gov't
Code §551.074).
c. Discuss or deliberate Economic Development Negotiations: (1) To
discuss or deliberate regarding commercial or financial information
that the Board of Directors has received from a business prospect that
the Board of Directors seeks to have locate, stay, or expand in or near
the territory of the City of Anna and with which the Board 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) future
development on FM 455 near Ferguson Pkwy.
03-29-12 CC Regular Meeting Minutes.doe 7 03-29-12
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.
15. Consider/Discuss/Action on any items listed on posted agenda for March 29,
2012 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
Hendricks seconded the motion. Motion passes.
AYE 5 NAY 0 ABSTAIN 0
16. Adjourn.
Mayor Driskell made the motion to adjourn at 8:52 pm. Council Member Crist
seconded the motion. Motion passes.
AYE 5 NAY 0 ABSTAIN 0
ATTEST:
N tha Wilkison, City Secretal
03-29-12 CC Regular Meeting Minutes.doc 8 03-29.12