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HomeMy WebLinkAbout2010-11-09 Workshop & Regular Meeting PacketCITY OF ANNA AGENDA NOTICE -CITY COUNCIL WORKSHOP November 9, 2010 6:30 p.m. -Anna City Hall Administration Building The City Council of the City of Anna will meet in Workshop Session at 6:30 p.m., November 9,2010, 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. Discussion regarding tobacco use at city council meetings and meetings of council appointed boards and commissions. 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. discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code 551.072; easement acquisition. b. 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); c. Discuss or deliberate Economic Development Negotiations: (l) 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); Discussion regarding the Mantua Development. 1. 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 ofthe 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. 11-09-10 CC Regular Meeting Agenda.doc 1 Posted 11-05-10 d. Personnel: City Manager Annual Evaluation. (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. 5. Discussion regarding any item on the City Council's November 9, 2010 Regular Meeting Agenda Notice, which was posted at the same date, time and place of this Workshop Agenda Notice. 6. 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., November 5, 2010. NrtaiLld.Ll.k>Wilkison, City Secretary I. The Council may vote and/or act upon each oftbe items listed in tbis agenda. 2. The Cowcil reserves tbe right to retiJe into executive session concerning any oftbe items listed on this agenda, whenever it is considered necessary and legally justified Wlder the Open Meeting Act 3. Persons witb a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924-­ 3325 two wcrting days prior to the meeting SO tbat appropriale 8J1'8I\gements can be made. 11-09-10 CC Regular Meeting Agenda.doc 2 Posted 11-05-10 Item No. 3(ws1 City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: November 9,2010 Staff Contact: Philip Sanders Account Code #: _________ Budgeted Amount:. ____---­Exhibits: 0 Yes DNo AGENDA SUBJECT: Discussion regarding tobacco use at city council meetings and meetings of council appointed boards and commissions. SUMMARY: Councilmember Glover has requested that the City Council adopt rules that would prohibit the use of tobacco (including smokeless tobacco) by members of the governing body at city council meetings and the meetings of council appointed boards and commissions. If the Council is inclined to adopt such a rule, then a motion should be made to include the following paragraph (b) under Section 2.08 of the Resolution on item #8 on the regular agenda. (b) During official meetings of the Governing Body, members shall not use tobacco products including smokeless tobacco. CITY OF ANNA AGENDA NOTICE -CITY COUNCIL REGULAR MEETING November 9, 2010 7:30 p.m. -Anna City Ball Administration Building The City Council of the City of Anna will meet in Regular Session at 7:30 p.m., November 9,2010, 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. 2. Invocation and Pledge of Allegiance. 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. 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 ofa 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 ofthe municipality; and announcements involving an imminent threat to the public health and safety ofpeople in the municipality that has arisen after the posting ofthe agenda. 1. The Council may vote and/or act upon each oftile items listed in this agenda. 2. The Council reserves tile right to retire into executive session concerning any oftile items listed on this agenda., whenever it is considered necessary and legally justified under tile Open Meeting Act 3. Persons with a disability who want to attend this meeting who may need assistance should contact tile City Secretary at 972924­ 3325 two working days prior to the meeting so that appropriate arrangements can be made. 11-09-10 CC Regular Meeting Agenda.doc 3 Posted 11-05-10 5. Consent Items. These items consist ofnon-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 CounciVAnna ISD Joint Special minutes for October 19, 2010. b. Approve City Council Regular minutes for October 26, 2010. c. Review minutes of Anna CDC for July 1, 2010. d. Review Minutes of Anna EDC for July 1,2010. e. Approve a Resolution approving a contract amendment for the City Manager. f. Approve the "McManus" development plat. g. Approve the "Geren Addition" fInal plat. h. Approve the "Gutierrez Addition" fInal plat. 1. Approve resolution adopting a development agreement between the City of Anna and William and Nora Stewart, and authorizing the City Manager to execute same on behalf of the City. J. Approve resolution adopting a development agreement between the City of Anna and St. Charles Apartments, Inc., and authorizing the City Manager to execute same on behalf of the City. k. Approve resolution adopting a development agreement between the City of Anna and Rebecca Stilwell, and authorizing the City Manager to execute same on behalf of the City. 6. (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 is less; and providing for publication and caption hereof. The owners have requested a SpecifIc Use Permit (SUP) to allow a dwelling unit above the ground floor of the existing commercial building that is currently zoned as Restricted Commercial (Cl) and is located at 403 N. Powell Pkwy (Hwy 5). The property is owned by 1. The CO\Ulcil may vote and/or act upon eacb oftile items listed in tbis agenda. 2. The CO\Ulcil reserves tile right to retire into executive session concerning any oftile items listed on tbis agenda, whenever it is considered necessary and legally justified l.Ulder tile Open Meeting Act. 3. Persons with a disability who want to attend tbis meeting who may need assistance should contact tile City Secretary at 972 924­ 3325 two working days prior to tile meeting so that uppropriate arrangements can be made. 11-09-10 CC Regular Meeting Agenda.doc 4 Posted 11-05-10 Tony and Yvonne Ulaj and commonly known as Joe's Italian Bistro. (Maurice Schwanke) (b) ConsiderlDiscussl Action 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 owners have requested a Specific Use Permit to allow a dwelling unit above the ground floor of the existing commercial building that is currently zoned as Restricted Commercial (Cl) located at 403 N. Powell Pkwy (Hwy 5). The property is owned by Tony and Yvonne Ulaj and commonly known as Joe's Italian Bistro. (Maurice Schwanke) 7. Discussion and first reading of a resolution approving a project to be undertaken by the Anna Community Development Corporation to fund a loan/grant to Towner Enterprises LCC for expansion of business development. ( Jessica Perkins) 8. ConsiderlDiscussl Action regarding a Resolution adopting meeting rules and procedures for the City Council and for Boards and Commissions. (philip Sanders) 9. 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. discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code 551.072; easement acquisition. b. 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). c. Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or fmancial 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 I. The ColDlcil may vote andlor act upon each ofthe items listed in this agenda. 2. The COIDlcil reserves the right to retire into executive sessioo coocerning any ofthe items listed 00 this agenda, whenever it is considered necessary and IegaJly justified IDlder the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City SecretaIy at 972 924­ 3325 two working days prior to the meeting so that appropriate arrangements can be made. 11-09-10 CC Regular Meeting Agenda.doc 5 Posted 11-05-10 described by subdivision (1). (Tex. Gov't Code §551.087); Discussion regarding the Mantua Development. d. Personnel: City Manager Annual Evaluation. (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. 10. ConsiderlDiscussiAction on any items listed on posted agenda for November 9, 20 10 City of Anna Workshop Session or any closed session occurring during this Regular Meeting, as necessary. 11. 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., November 5,2010. 1. The Council may vote and/or act upon eacb of the items listed in dJis agenda 2. The Council reserves the right to mire into executive session concerning any ofthe items listed on this agenda, whenever it is considered necessary and legally justified Wlder 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. 11-<l9-10 CC Regular Meeting Agenda.doc 6 Posted 11-05-10 Item No. S (a -1<) City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: November 9, 2010 Staff Contact: Philip Sanders Account Code #:_---::N~/~A~_____ Date Prepared: 1110411 0 Budgeted Amount: ___-'N~/~A~___ Exhibits: 0 Yes ONo AGENDA SUBJECT: Consent Items. These items consist ofnon-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! Anna ISD Joint Special minutes for October 19, 2010. b. Approve City Council Regular minutes for October 26, 2010. c. Review minutes of Anna CDC for July 1,2010. d. Review Minutes of Anna EDC for July 1,2010. e. Approve a Resolution approving a contract amendment for the City Manager. f. Approve the "McManus" development plat. g. Approve the "Geren Addition" final plat. h. Approve the "Gutierrez Addition" final plat. i. Approve resolution adopting a development agreement between the City of Anna and William and Nora Stewart, and authorizing the City Manager to execute same on behalf of the City. j. Approve resolution adopting a development agreement between the City of Anna and St. Charles Apartments, Inc., and authorizing the City Manager to execute same on behalf ofthe City. k. Approve resolution adopting a development agreement between the City of Anna and Rebecca Stilwell, and authorizing the City Manager to execute same on behalf ofthe City. Item No. I~(o..-10 City Secretary's use only SUMMARY: RECOMMENDATION: Staffrecommends approval ofthe consent items. Item No. S£ City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: November 9, 2010 Staff Contact: Maurice. Schwanke Account Code #:_~N~/~A~_____ Date Prepared: 11~3-1O Budgeted Amount: ___--:..;N:!...:/A~___ Exhibits: • Yes DNo AGENDA SUBJECT: Approve the "McManus" development plat. SUMMARY: The McManus deVelopment plat which has been submitted for your review is located within the extraterritorial jurisdiction of the City. The tract is located east of County Road 511 near the Westminster area. The plat contains approximately 10.3 acres and is intended as a retreat. Several ponds are intended on the site as well as a chapel, pavilion, and several other buildings. No thoroughfares or other planned city facilities traverse this property. Please note that the property will be served by a septic system. Additionally, a tributary of Sister Grove Creek traverses the northern edge of the property with some associated flood plain. The applicant has satisfied the City of Anna development plat requirements. PLANNING AND ZONING ACTION: The Planning and Zoning Commission recommended approval of the "McManus" development plat at their meeting November 1, 2010. RECOMMENDED ACTION: Approval. ItemNo~ city Secretary'~;;;'~'dtly City of Anna City Council Agenda Staff Report Council Meeting: November 9,2010 Staff Contact: Maurice. Schwanke Account Code #:_---::..N.:.:...:/A=-=-_____ Date Prepared: 11-3-10 Budgeted Amount:___-'N"-"/:..::.A"'--___ Exhibits: • Yes ONo AGENDA SUBJECT: Approval of the "Geren Addition" final plat. SUMMARY: The "Geren Addition "final plat is a 3.03 acre parcel of land that has not been platted in the past. The property is located at 802 N. Powell Pkwy (State Highway Number 5). In anticipation of applying for a building permit the applicant is being required to prepare this plat so that the land will be in conformance with Section 48 of the zoning Ordinance which deals with the creation of a building site. PLANNING AND ZONING ACTION: The Planning and Zoning Commission recommended approval of the "Geren Addition" final plat at their meeting November 1,2010. The vote was 5 ayes 1 abstained (Colombo) RECOMMENDED ACTION: Approval. Item No.S,h City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: November 9, 2010 Staff Contact: Maurice. Schwanke Account Code #:_---"N"""I""'-A"'--_____ Date Prepared: 11-3-10 Budgeted Amount:___--'N'-!/=A..!'o..-___ Exhibits: • Yes DNo AGENDA SUBJECT: Approve the "Gutierrez Addition" final plat. SUMMARY: The Gutierrez Addition final plat is a parcel of land that has not been platted in the past and is located at 613 N Riggins. The owners have applied for a building permit to expand an existing structure and do several other improvements to the dwelling. Per City of Anna Zoning Ordinance (Section 48)~ land must be platted before a building permit can be issued. The final plat has been reviewed by staff and is recommended for approval. PLANNING AND ZONING ACTION: The Planning and Zoning Commission recommended approval of the "Gutierrez Addition" final plat at their meeting November 1 ~ 2010. The vote was unanimous. RECOMMENDED ACTION: Approval. ItemNo.5..L City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: November 9,2010 Staff Contact: Philip Sanders Account Code #:_________ Budgeted Amount:. ____~-___ Exhibits: 0 Yes ONo AGENDA SUBJECT: Approve resolution adopting a development agreement between the City of Anna and William and Nora Stewart, and authorizing the City Manager to execute same on behalfofthe City. SUMMARY: Earlier this fall, the City Council authorized the Staff to take the steps necessary to annex several tracts of land located within the City's extra-territorial jurisdiction (ETJ). Prior to annexing properties that are appraised for agricultural or wildlife management use, State law requires the City to offer a development agreement to the owner that would, subject to land use controls, guarantee the continued ETJ status of the property for a definite period of time. The development agreement offered by the City guarantees that eligible properties can remain outside the City limits for one year with the provision that the property may not be developed during the tenn of the agreement. After one year, the property owner would agree to voluntary annexation into the City. The property owned by William and Nora Stewart is being considered for annexation. The property owners have accepted the City's offer of a development agreement that will allow the property to remain outside the City limits for one year, subject to certain land use controls. RECOMMENDATION: Staff recommends approval of the attached Resolution and Development Agreement. Item No. 5"": City Secretary's ~ City of Anna City Council Agenda Staff Report Council Meeting: November 9,2010 Staff Contact: Philip Sanders Account Code #:_________ Budgeted Amount: _________ Exhibits: 0 Yes ONo AGENDA SUBJECT: Approve resolution adopting a development agreement between the City of Anna and st. Charles Apartments, Inc., and authorizing the City Manager to execute same on behalf ofthe City. SUMMARY: Earlier this fall, the City Council authorized the Staff to take the steps necessary to annex several tracts of land located within the City's extra-territorial jurisdiction (ETJ). Prior to annexing properties that are appraised for agricultural or wildlife management use, State law requires the City to offer a development agreement to the owner that would, subject to land use controls, guarantee the continued ETJ status of the property for a definite period of time. The development agreement offered by the City guarantees that eligible properties can remain outside the City limits for one year with the provision that the property may not be developed during the term of the agreement. After one year, the property owner would agree to voluntary annexation into the City. The property owned by St. Charles Apartments is being considered for annexation. The property owner has accepted the City's offer of a development agreement that will allow the property to remain outside the City limits for one year, subject to certain land use controls. RECOMMENDATION: Staff recommends approval of the attached Resolution and Development Agreement. Item No. s:.Jt... City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: November 9, 2010 Staff Contact: Philip Sanders Account Code #:_________ Budgeted Amount: _________ Exhibits: 0 Yes ONo AGENDA SUBJECT: Approve resolution adopting a development agreement between the City of Anna and Rebecca Stilwell, and authorizing the City Manager to execute same on behalf of the City. SUMMARY: Earlier this fall, the City Council authorized the Staff to take the steps necessary to annex several tracts of land located within the City's extra-territorial jurisdiction (ETJ). Prior to annexing properties that are appraised for agricultural or wildlife management use, State law requires the City to offer a development agreement to the owner that would, subject to land use controls, guarantee the continued ETJ status of the property for a definite period of time. The development agreement offered by the City guarantees that eligible properties can remain outside the City limits for one year with the provision that the property may not be developed during the term of the agreement. After one year, the property owner would agree to voluntary annexation into the City. The property owned by Rebecca Stilwell is being considered for annexation. The property owner has accepted the City's offer of a development agreement that will allow the property to remain outside the City limits for one year, subject to certain land use controls. RECOMMENDATION: Staff recommends approval of the attached Resolution and Development Agreement. Item No. '~+b) City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: November 9, 2010 Staff Contact: Maurice. Schwanke Account Code #:_~N~/~A~_____ Date Prepared: 11-03-10 Budgeted Amount:___-'N::...:.:..;.:./A.:..-___ Exhibits: • Yes DNo AGENDA SUBJECT: (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 is less; and providing for publication and caption hereof. The owners have requested a Specific Use Permit (SUP) to allow a dwelling unit above the ground floor of the existing commercial building that is currently zoned as Restricted Commercial (Cl) and is located at 403 N. Powell Pkwy (Hwy5). The property is owned by Tony and Yvonne Ulaj and commonly known as Joe's Italian Bistro. The subject property is within the Downtown Redevelopment District (ORO) as envisioned in Anna's adopted Comprehensive Plan. One of the underlying principles of the plan is to make the area more "sustainable". A part of this is to allow residential use above or in existing commercial structures. This also increases the residential density of the DRO and as this type of overhead use of space increases the vitality of the DRO. This type of use is not new for Anna since the office space directly to the east of Joe's Italian Bistro has two occupied living units in it above the office space. The staff is recommending approval ofthe requested SUP. (b) ConsiderlDiscuss! Action 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 owners have requested a Specific Use Permit to allow a dwelling unit above the ground floor of the existing commercial building that is currently zoned as Restricted Commercial (Cl) located at 403 N. Powell Pkwy (Hwy 5). The property is owned by Tony and Yvonne Ulaj and commonly known as Joe's Italian Bistro. PLANNING AND WNING ACTION: The Planning and Zoning Commission recommended approval of the proposed ordinance at their meeting November 1, 2010. The vote was unanimous. RECOMMENDED ACTION: Approval of Ordinance. ItemNo.~ City Secretary's use only CITY OF ANNA, TEXAS City of Anna City Council Agenda Staff Report Council Meeting: November 9, 20100 Staff Contact: Jessica Perkins Account Code #:_________ Budgeted Amount: reserve funds Exhibits: X Yes D No AGENDA SUBJECT: Discussion and first reading of a resolution approving a project to be undertaken by the Anna Community Development Corpomtion to fund a loan/grant to Towner Enterprises LCC for expansion of business development. (Jessica Perkins) SUMMARY: Aaron Towner, owner of The Pit Stop, has expressed interest in expanding his facility, adding employees, and adding services. Aaron leases the property from Mr. Roper. Due to the expansion ofFM 455 Mr. Roper is waiting until he is able to sell the ROW needed to TxDOT before he will allow any changes to the property. Therefore, this has limited Aaron's ability to expand his business. In the meantime, he would like to add equipment. He is looking for a low interest loan in the amount of $30,000 to purchase equipment. Upon receiving direction from the board, staff has drafted a resolution stating the boards intent to move forward with negotiating a loan and/or grant to Towner Enterprises, LLC after duly published public notice and city council approval. STAFF RECOMMENDATION: This item is for discussion and a first reading of a resolution. ItemNo.~ City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: November 9, 2010 Staff Contact: Philip Sanders Account Code #:_________ Budgeted Amount: ____~--__ Exhibits: 0 Yes ONo AGENDA SUBJECT: ConsiderlDiscussi Action regarding a Resolution adopting meeting rules and procedures for the City Council and for Council appointed Boards and Commissions. SUMMARY: Over the past several years, the City Council has adopted several resolutions that outline the rules and procedures for City Council meetings. It has been suggested that it would beneficial ifthe same rules and procedures were adopted to apply to the meetings of other boards and commissions appointed by the City Council. The attached Resolution consolidates the rules and procedures from previous Council resolutions and applies them equally to the City Council and to the City's boards and commissions. RECOMMENDATION: Staff recommends approval ofthe attached Resolution.