HomeMy WebLinkAbout2010-12-14 Workshop and Regular Meeting MinutesMINUTES OF
CITY OF ANNA AGENDA NOTICE -CITY COUNCIL WORKSHOP
December 14, 2010 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., December
14, 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 6:30 p.m.
2. Roll Call and Establishment of Quorum.
Mayor Darren R. Driskell and Council Members Mike Crist, Keith Green,
John Geren, Marc Hendricks and Becky Glover were present. Council
Member Kevin Anderson arrived 6:32 p.m.
3. Discussion regarding the Mantua Project.
City Manager, Philip Sanders introduced Bill Benton who updated council
on the progress of the Mantua Project.
4. Discussion regarding future town hall meetings.
Council Members discussed possibly having Town Hall Meetings in
January and June on a Saturday morning 9:00 a.m. to 12:00 p.m.
5. Discussion regarding the 2011 street rehabilitation project.
James Parkman, Director of Public Works updated council on the 2011
Street Rehab Project (Fifth Street)
Council Member Crist made the motion to enter closed session at 6:59
p.m. Council Member Green seconded the motion. Motion passes.
AYE 7 NAY 0 ABSTAIN 0
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. discuss or deliberate the purchase, exchange, lease, or value
of real property (Tex. Gov't Code §551.072); County Road
366
12-14-10 CC Minutes.doc 12-14-10
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 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. Discussion regarding Oak Ridge;
Pending annexations and related development agreements.
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 Crist made the motion to return to open session at 7:35
p.m. Council Member Anderson seconded the motion. Motion passes.
AYE 7 NAY 0 ABSTAU"l o
7. Discussion regarding any item on the City Council's December 14,
2010 Regular Meeting Agenda Notice, which was posted at the same
date, time and place of this Workshop Agenda Notice.
No discussion
8. Adjourn.
Council Member Crist made the motion to adjourn at 7:37 p.m. Council
Member Green seconded the motion. Motion passes.
AYE 7 NAY 0 ABSTAIN o
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ATTEST: APPROVED:
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MINUTES OF
CITY OF ANNA AGENDA NOTICE -CITY C01JNCIL REGULAR MEETING
December 14,2010 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., December 14,
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 Darren R. Driskell called the meeting to order at 7:37 p.m.
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.
No citizen comments.
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 ofa 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 ofthe agenda.
Mayor Driskell mentioned that the Christmas Parade and Food Drive went welL
5. Proclamation welcoming the American Legion to the City of Anna.
Mayor Driskell read the proclamation.
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Council Member Crist made the motion to enter closed session. Council Member
Hendricks seconded the motion. Motion passes.
AYE 6 NAY 1 (CM Geren) ABSTAIN o
Council Member Hendricks made the motion to return to open session at 7:58
p.m. Council Member Green seconded the motion. Motion passes.
AYE 7 NAY 0 ABSTAIN o
Council returned to open session at 8:03 p.m.
6. 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 November 23,2010.
b. Approve City Council Workshop minutes for November 29, 2010.
c. Review Planning and Zoning minutes for October 4, 2010.
d. Approve a Resolution approving an A YSA Facilities Agreement.
e. Approve a Resolution awarding the bid for water meters.
f. Approve "Smith" development plat.
g. Approve a site and landscape plan for "Warrior Tire".
h. Approve Resolution amending Anna EDC By Laws.
i. Approve Resolution amending Anna CDC By Laws.
j. Approve a Resolution approving a License Agreement with AMR.
k. Approve a resolution adopting a development agreement between the
City of Anna and Bo Peep Crossen and Jan Marie Swalwell, and
authorizing the City Manager to execute same on behalf of the City.
I. Approve a resolution adopting a development agreement between the
City of Anna and Helen Luscombe, and authorizing the City Manager
to execute same on behalf of the City.
m. Approve a resolution adopting a development agreement between the
City of Anna and Clinton Van Lawrence, and authorizing the City
Manager to execute same on behalf of the City.
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n. Approve a resolution adopting a development agreement between the
City of Anna and WKG Enterprises, and authorizing the City
Manager to execute same on behalf of the City.
o. Approve a resolution adopting a development agreement between the
City of Anna and Michael B. Nevil, and authorizing the City Manager
to execute same on behalf of the City.
p. Approve a resolution adopting development agreements between the
City of Anna and the owners of certain properties in the Joseph Slater
Schluter Survey, Abstract No. 856, Tracts 7 through 16, and
authorizing the City Manager to execute same on behalf of the City.
q. Approve a resolution adopting a development agreement between the
City of Anna and Sherley Partners, LTD and authorizing the City
Manager to execute same on behalf of the City.
r. Approve a resolution adopting a development agreement between the
City of Anna and Robert and Kelly Burgess and authorizing the City
Manager to execute same on behalf of the City.
s. Approve a resolution adopting a development agreement between the
City of Anna and Troy and Floella Queen and authorizing the City
Manager to execute same on behalf of the City.
t. Approve a resolution adopting development agreements between the
City of Anna and the owners of certain properties in Sister Grove
Estates, Lots 1-3, and 5, and authorizing the City Manager to execute
same on behalf of the City.
u. Approve cancelling the second regular meeting December 28, 2010.
Mayor Driskell made the motion to remove and vote separately on items k thru t
and to approve items a-j and item u of the consent items. Council Member Crist
seconded the motion. Motion passes.
AYE 7 NAY 0 ABSTAIN o
k. Council Member Crist made the motion to approve. Council Member
Glover seconded the motion. Motion passes.
AYE 7 NAY 0 ABSTAIN o
1. Council Member Crist made the motion to approve. Council Member
Geren seconded the motion. Motion passes.
AYE 7 NAY 0 ABSTAIN o
12-14-10 CC Minutes.doc 6 12-14-10
m. Council Member Crist made the motion to approve. Council Member
Glover seconded the motion. Motion passes.
AYE 7 NAY 0 ABSTAIN o
n. Martha Jo Soule spoke on the annexations.
Mayor Driskell made a motion to approve the agreement with a 10 year
term. Council Member Green seconded the motion. Motion fails.
AYE 3 (CM Green & Hendricks, Mayor Driskell) NAY 4
ABSTAIN 0
Council Member Geren made the motion to approve the agreement as it
stands. Council Member Crist seconded the motion. Motion fails.
AYE 3 NAY 4 (CM Anderson, Green, Hendricks & Mayor
Driskell) ABSTAIN 0
Mayor Driskell made the motion to approve the agreement with 8 year
term. Council Member Hendricks seconded the motion. Motion passes.
AYE 4 NA Y 3 (CM Crist, Geren & Glover) ABSTAIN 0
Mayor Driskell made the motion to have the agreement changes signed
this evening before the meeting is adjourned. Council Member Crist
seconded the motion. Motion passes.
AYE 7 NAY 0 ABSTAIN o
o. Mayor Driskell made the motion that the original term be for 8 years with
a 5 year extension. Council Member Green seconded the motion. Motion
passes.
AYE 4 NA Y 3 (CM Crist, Geren & Glover) ABSTAIN 0
Mayor Driskell made the motion to have the agreement changes signed
this evening before the meeting is adjourned. Council Member Green
seconded the motion. Motion passes.
AYE 7 NAY 0 ABSTAIN o
p. Karen Malinowski spoke on the annexation. Ruthie Poole spoke on the
annexation. Lance Pettingill spoke on the annexation. Ivah Abraham
spoke on the annexations.
Mayor Driskell made the motion to approve the agreement with a 5 year
term and that the residents have to sign the agreements except for the
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resident that is absent before the meeting adjourns tonight.
Member Hendricks seconded the motion. Motion fails
Council
AYE 3
ABSTAIN
NA Y
o
4 (CM Crist, Anderson, Geren & Glover)
Council Member Crist made the motion to approve the agreements with a
1 year term. Council Member Geren seconded the motion. Motion fails.
AYE 3
Driskell)
NAY 4 (CM Anderson,
ABSTAIN 0
Green, Hendricks & Mayor
Council Member Anderson made the motion to take no action. Council
Member Hendricks seconded the motion. Motion passes.
AYE 4 NA Y 3 (CM Crist, Geren & Glover) ABSTAIN 0
q. Council Member Crist made the motion to approve. Council Member
Glover seconded the motion. Motion passes.
AYE 7 NAY 0 ABSTAIN 0
r. Council Member Crist made the motion to approve. Council Member
Glover seconded the motion. Motion passes.
AYE 7 NAY 0 ABSTAIN o
s. Council Member Crist made the motion to approve. Council Member
Glover seconded the motion. Motion passes.
AYE 7 NAY 0 ABSTAIN o
t. Council Member Crist made the motion to approve Lot 5 agreement.
Council Member Geren seconded the motion. Motion passes.
AYE 6 NA Y 1 (M Glover) ABSTAIN 0
Mayor Driskell made the motion to recess at 8:52 p.m. so
Development Agreements with term changes can be signed.
Member Crist seconded the motion. Motion passes.
that the
Council
AYE 7 NAY 0 ABSTAIN o
Back from recess at 9: 11 p.m.
12-14-10 CC Minutes.doc 8 12·14-10
7. (b) ConsiderlDiscuss/Action on making a finding of public interest and
adopting an Ordinance regarding the annexation of the following tract: of
land in the John Ellett Survey and W.S. Ratton Survey adjacent and/or near
south of County Road 370 and within the extraterritorial jurisdiction.
Council Member Crist made the motion to approve. Council Member Green
seconded the motion. Motion passes.
AYE 7 NAY 0 ABSTAIN o
(c) ConsiderlDiscuss/Action on making a finding of public interest and
adopting an Ordinance regarding the annexation of the following tract: of
land in the John Ellett Survey and W. S. Ratton Survey adjacent and/or near
south of County Road 370 and within the extraterritorial jurisdiction.
Council Member Crist made the motion to approve. Council Member Geren
seconded the motion. Motion passes.
AYE 7 NAY 0 ABSTAIN o
(d) ConsiderlDiscuss/Action on making a rmding of public interest and
adopting an Ordinance regarding the annexation of the following tract: of
land in the Robert A Johnson Survey, W.E. Throckmorton, William
Kitchings Survey, John Coffman and Thomas Ratton Survey adjacent
and/or near west of Hwy 75, north and south of County Road 284 and within
the extraterritorial jurisdiction.
Council Member Crist made the motion to approve. Council Member Green
seconded the motion. Motion passes.
AYE 7 NAY 0 ABSTAIN o
(e) ConsiderlDiscuss/Action on making a rmding of public interest and
adopting an Ordinance regarding the annexation of the following tract of
land in the Thomas Ratton Survey adjacent and/or near north of Taylor
Street, east of Hwy 75 and within the extraterritorial jurisdiction.
Council Member Crist made the motion to approve. Council Member Green
seconded the motion. Motion passes.
AYE 7 NAY 0 ABSTAIN o
(g) ConsiderlDiscuss/Action on making a finding of public interest and
adopting an Ordinance regarding the annexation of the following tract of
land in the Joseph Slater Schluter Survey adjacent and/or near east of
County Road 367 and within the extraterritorial jurisdiction.
12·14-10 CC Minutes.doc 9 12·14-10
City Manager, Philip Sanders recommended not to annex these properties at this
time. Mayor Driskell made the motion to take no action. Council Member
Anderson seconded the motion. Motion passes.
AYE 7 NAY 0 ABSTAIN o
(h) ConsiderlDiscuss/Action on making a finding of public interest and
adopting an Ordinance regarding the annexation of the following tract of
land in the Martin Moore Survey adjacent and/or near County road 370 and
within the extraterritorial jurisdiction.
Council Member Crist made the motion to approve. Mayor Driskell seconded the
motion. Motion passes.
AYE 7 NAY 0 ABSTAIN o
(i) ConsiderlDiscuss/Action on making a finding of public interest and
adopting an Ordinance regarding the annexation of the following tract of
land in the Z. F. Lester Survey and J. C. Burge Survey adjacent and/or near
south of County Road 373 and within the extraterritorial jurisdiction.
Council Member Crist made the motion to approve. Mayor Driskell seconded the
motion. Motion passes.
AYE 7 NAY 0 ABSTAIN o
(j) ConsiderlDiscussiAction on making a rmding of public interest and
adopting an Ordinance regarding the annexation of the following tract of
land in the Z. F. Lester Survey adjacent and/or near south of County Road
1106 and within the extraterritorial jurisdiction.
Council Member Crist made the motion to approve. Mayor Driskell seconded the
motion. Motion passes.
AYE 7 NAY 0 ABSTAIN o
(k) ConsiderlDiscuss/Action on making a finding of public interest and
adopting an Ordinance regarding the annexation of the following tract of
land in the J. C. Brantley Survey adjacent and/or near County Road 376 and
within the extraterritorial jurisdiction.
Council Member Crist made the motion to approve. Mayor Driskell seconded the
motion. Motion passes.
AYE 7 NAY 0 ABSTAIN o
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(I) ConsiderlDiscuss/ Action on making a finding of public interest and
adopting an Ordinance regarding the annexation of the following tract of
land in the J. C. Brantley Survey adjacent and/or near east of Hwy 5 and
within the extraterritorial jurisdiction.
Council Member Crist made the motion to approve. Council Member Glover
seconded the motion. Motion passes.
AYE 7 NAY 0 ABSTAIN
(m) ConsiderlDiscuss/Action on making a finding of public interest and
adopting an Ordinance regarding the annexation of the following tract of
land in the Guinn Morrison Survey adjacent and/or near east of Smith
Street, north of east White Street and within the extraterritorial jurisdiction.
Council Member Crist made the motion to approve. Council Member Glover
seconded the motion. Motion passes.
AYE 7 NAY 0 ABSTAIN
(n) ConsiderlDiscuss/Action on making a finding of public interest and
adopting an Ordinance regarding the annexation of the following tract of
land in the D. Van Winkle Survey, Sister Grove Estates, Hiram Brinlee
Survey, J. C. Neil Survey, Jas Sorrel Survey adjacent and/or near north and
south of Sam Rayburn Hwy and within the extraterritorial jurisdiction.
Mayor Driskell made the motion to approve excluding property owned by Helen
Luscombe as describe in 61; property owned by Clinton Lawrence as described in
6m; property owned by WKG Enterprises as described in 6n; property owned by
Brad Nevil as described in 60; property owned by Sherley LTD as described in
6q; property described as Lot 5 Sister Grove Estates owned by Michael Burnside;
property described as 9747 State Hwy 121 owned by Michelle Wickliffe; property
described as 9675 State Hwy 121 owned by Dennis and Carolyn Gidney; and
property described as 3633 PR 5560 owned by John Gidney. Council Member
Crist seconded the motion. Motion passes.
AYE 7 NAY 0 ABSTAIN o
(0) ConsiderlDiscuss/Action on making a imding of public interest and
adopting an Ordinance regarding the annexation of the following tract of
land in the John Rowland Survey, J. C. Neill Survey adjacent and/or near
west of County Road 511 and County Road 509, north and south of County
Road 424 and within the extraterritorial jurisdiction.
Mayor Driskell made the motion to approve excluding the following properties:
property described in 6k owned by Bo Peep Crossen and Jan Marie Swalwell;
12-14-10 CC Minutes.doc 11 12-14-10
property described in 60 owned by Brad Nevil; property described in 6r owned by
Robert and Kelly Burgess. Council Member Crist seconded the motion. Motion
passes.
AYE 7 NAY 0 ABSTAIN o
(p) ConsiderlDiscuss/Action on making a finding of public interest and
adopting an Ordinance regarding the annexation of the following tract of
land in the Samuel Craft Survey and John Chalmers Survey adjacent and/or
near south of Sam Rayburn Hwy, east of FM 2862 and within the
extraterritorial jurisdiction.
Council Member Crist made the motion to approve. Council Member Glover
seconded the motion. Motion passes
AYE 7 NAY 0 ABSTAIN o
(q) ConsiderlDiscuss/Action on making a finding of public interest and
adopting an Ordinance regarding the annexation of the following tract of
land in the Jonathan Douthit Survey adjacent and/or near FM 2862 and
FM 545 and within the extraterritorial jurisdiction.
Council Member Crist made the motion to approve. Council Member Glover
seconded the motion. Motion passes
AYE 7 NAY 0 ABSTAIN o
8. ConsiderlDiscuss/Action regarding re-appointing Duane Hayes to serve a
third two-year term of January 2011 through December 2012 on the Greater
Texoma Utility Authority Board. (Philip Sanders)
City Manager, Philip Sanders presented the item to counciL Mayor Driskell made
the motion to approve. Council Member Green seconded the motion. Motion
passes.
AYE 7 NAY 0 ABSTAIN o
Council did not go into closed session.
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); County Road 366
12-14-10 CC Minutes.doc 12 12-14-10
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: (I) 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 (I). (Tex. Gov't Code §551.087);
Discussion regarding the Mantua Development. Discussion regarding Oak
Ridge; Pending annexations and related development agreements.
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. ConsiderlDiscuss/Action on any items listed on posted agenda for December
14, 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 Green
seconded the motion. Motion passes.
AYE 7 NAY 0 ABSTAIN o
11. Adjourn.
Mayor Driskell made the motion to adjourn at 9:24 p.m. Council Member Hendricks
seconded the motion. Motion passes.
AYE 7 NAY 0 ABSTAIN o
ATTEST:
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