HomeMy WebLinkAboutCCmin2010-10-26MINUTES OF
CITY OF ANNA AGENDA NOTICE -CITY COUNCIL WORKSHOP
October 26,2010 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., October 26,
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 pm.
2. Roll Call and Establishment of Quorum.
Mayor Darren Driskell and Council Members Mike Crist, Kevin Anderson,
Keith Green, John Geren, March Hendricks and Becky Glover were
present.
Council Member Green made the motion to enter closed session at 6:34
pm. Council Member Crist seconded the motion. Motion passes.
AYE 6 NAY 1(CM Hendricks) ABSTAIN o
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
401 st 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; Discussion regarding P & Z meeting
procedures.
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); Discussion regarding the Mantua Development.
10-26-10 CC Minutes.doc 10-26-10
c. 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.
Council Member Green made the motion to return to open session at 7:17
pm. Council Member Hendricks seconded the motion. Motion passes.
AYE 7 NAY 0 ABSTAIN o
4. Discussion regarding any item on the City Council's October 26, 2010
Regular Meeting Agenda Notice, which was posted at the same date,
time and place of this Workshop Agenda Notice.
None
5. Adjourn.
Council Member Green made the motion to adjourn at 7:17 pm. Council
Member Crist seconded the motion. Motion passes.
AYE 7 NAY 0 ABSTAIN o
ATTEST:
10-26-10 CC Minutes.doc 2 10-26-10
MINUTES OF
CITY OF ANNA AGENDA NOTICE -CITY COUNCIL REGULAR MEETING
October 26.2010 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., October 26,
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 tum 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.
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.
Announcement for Glow Fest November 6,2010. Fire Department Skeet Shoot
was a success. United Methodist Church Thanksgiving lunch Friday October 29,
2010 -11:00 am to 2:00 pm.
10-26-10 CC Minutes.doc 3 10-26-10
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 Special minutes for October 12,2010.
b. Review Park Board minutes for September 27,2010.
c. Approve Resolution amending an Agreement for Special
Relating to 2010 Fall Glow Fest Permit. (Jessica Perkins)
Event
d. Adopt and Ordinance approving the 2010 Tax Roll for the City of
Anna. (Wayne Cummings)
e. Approve Resolution for Agreement for Special Event Permit between
the City of Anna and Crystal Carle for a 5K Run Fund Raiser.
(Maurice Schwanke)
f. Approve Ordinance authorizing City Attorney to select additional
attorneys to assist in representing the City in legal matters. (Clark
McCoy)
Council Member Crist made the motion to approve the consent items minus Item
5e (the application has been withdrawn). Council Member Green seconded the
motion. Motion passes.
Aye 7 NAY 0 ABSTAIN o
6. (a) Public Hearing
To consider public comment regarding an ordinance of the City of Anna,
Texas, amending the Anna City Code of Ordinances, by amending Part III-C
Zoning Ordinance, Definition of a Retail Ice and Water Sale Facility and
Sections 22.04, 24.04, 26.03 and Appendix 2, Table 5; Section 32;
Regarding where a Retail Ice and Water Sale Facility can be established;
providing for savings, repealing and severability clauses; providing for an
effective date; providing for a penalty clause not exceed $2,000 or the
highest penalty amount allowed by law, whichever is less; and providing
for publication and caption hereof. (Maurice Schwanke)
Maurice Schwanke, Director of Planning and Development presented the item to
council and answered questions. Mayor Driskell opened the public hearing at
7:40 pm. There was not public comment. Mayor Driskell closed the public
hearing at 7:41 pm.
(b) Consider/Discuss/Action adopting an ordinance of the City of Anna,
Texas, amending the Anna City Code of Ordinances, by amending Part III-C
Zoning Ordinance, Definition of a Retail Ice and Water Sale Facility and
Sections 22.04, 24.04, 26.03 and Appendix 2, Table 5; Section 32;
Regarding where a Retail Ice and Water Sale Facility can be established;
providing for savings, repealing and severability clauses; providing for an
10-26-10 CC MinuteS.doc 4 10-26-10
effective date; providing for a penalty clause not exceed $2,000 or the
highest penalty amount allowed by law, whichever is less; and providing
for publication and caption hereof. (Maurice Schwanke)
Council Member Crist made the motion to approve. Council Member Glover
seconded the motion. Motion passes.
AYE 7 NAY 0 ABSTAIN o
7. (a) Public Hearing
To consider public comment on a request by Jim Williams, representing
Savoy Anna 16 LP, owner of property, for a Specific Use Permit to allow for
officelwarehouse uses on the tract that is currently zoned as General
Commercial (C2) and is located west of South Central Expressway (Hwy 75)
and south of west White Street. (Maurice Schwanke)
Maurice Schwanke presented the item to council and answered questions. Mayor
Driskell opened the public hearing at 7:47 pm. Mardy Brown representative for
the applicant, Jim Williams, spoke in favor of the SUP and answered questions
from council members. Mayor Driskell closed the public hearing at 7:51 pm.
(b) Consider/Discuss/Action adopting an Ordinance regarding a Specific
Use Permit to allow for officelwarehouse uses on the tract that is currently
zoned as General Commercial (C2) and is located west of South Central
Expressway (HWY 75) and south of West White Street. (Maurice Schwanke)
Council Member Crist made a motion to approve. Council Member Green
seconded the motion. Council Member Anderson had a question for City
Attorney, Clark McCoy, concerning his ability to vote on this item due to his work
relationship with Goody Goody Liquor Stores. City Attorney, Clark McCoy
recommended going into closed session to discuss the issue. Council Member
Green made the motion to enter closed session at 7:52 pm. Council Member
Anderson seconded the motion. Motion passes.
AYE 7 NAY 0 ABSTAIN o
Council Member Hendricks made the motion to return to open session at 7:55
pm. Council Member Green seconded the motion. Motion passes.
AYE 7 NAY 0 ABSTAIN o
Mayor Driskell stated that there was a motion to approve and second on the
table. Motion passes.
AYE 6 NAY 0 ABSTAIN 1 (CM Anderson)
10·26·10 CC Minutes.doc 5 10·26-10
8. Consider/Discuss/Action approving the site and landscape plan on Lot 3 of
the "455/75/Business Addition". (Maurice Schwanke)
Maurice Schwanke, Director of Planning and Development presented the item to
council and answered questions. Council Member Glover made the motion to
approve. Council Member Crist seconded the motion. Motion passes.
AYE 6 NAY 0 ABSTAIN 1 (CM Anderson)
9. Consider/Discuss/Action approving the replat of Lot 2R & 3, Block A of
455n5 BUsiness Addition. (Maurice Schwanke)
Maurice Schwanke, Director of Planning and Development presented the item to
council members and answered questions. Council Member Glover made the
motion to approve. Council Member Green seconded the motion. Motion passes.
AYE 6 NAY 0 ABSTAIN 1 (CM Anderson)
10. Consider/Discuss/Action approving a resolution approving a contract and
authorizing execution of same for Proposal No. 11-02 PW, Municipal
Facilities: Construction Materials for Interior Facilities
Construction/Alteration. (James Parkman)
James Parkman, Director of Public Works 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 7 NAY 0 ABSTAIN o
11. Consider/Discuss/Action approving a resolution approving a contract and
authorizing execution of same for R.F.P. No. 11-01 PW, Municipal Facilities
Interior Framing Construction/Alteration Project. (James Parkman)
James Parkman, Director of Public Works presented the item to council and
answered questions. Council Member Crist made the motion to approve. Council
Member Green seconded the motion. Motion passes.
Aye 7 NAY 0 ABSTAIN o
12. Consider/Discuss/Action adopting an Ordinance regarding prevailing wage.
(Philip Sanders)
City Manager, Philip Sanders presented the item to council and answered
questions from council members. Council Member Crist made the motion to
approve. Council Member Glover seconded the motion. Motion passes.
AYE 7 NAY 0 ABSTAIN o
10-2fJ..10 CC Minutes.doc 6 10-26·10
13. ConsiderlDiscuss/Action approving a Resolution regarding accepting the
donation of a vehicle. (Danny Newton)
City Manager, Philip Sanders presented the item to council and answered
questions from council members. Council Member Crist made the motion to
approve. Council Member Anderson seconded the motion. Motion passes.
AYE 7 NAY a ABSTAIN a
Council did not enter closed session at this time.
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); Powell v. City of Anna,
Cause No. 401-03815-2009 in the 401 st District Court of Collin County,
Texas; Texas Star Bank v. City of Anna, Cause No. 380-04163-2009 in the
380* District Court of Collin County, Texas; Discussion regarding P & Z
meeting procedures.
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); Discussion regarding the Mantua Development.
c. 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
15. Consider/Discuss/Action on any items listed on posted agenda for October
26, 2010 City of Anna Workshop Session or any closed session occurring
during this Regular Meeting, as necessary.
Council Member Glover made the motion to take no action. Council Member
Crist seconded the motion. Motion passes.
AYE 7 NAY a ABSTAIN a
10-26-10 CC Minutes.doc 7 10-26-10
16. Adjourn.
Council Member Anderson made the motion to adjourn at 8:11 pm. Council
Member Crist seconded the motion. Motion passes.
AYE 7 NAY 0 ABSTAIN o
ATTEST: APPROVED:
tdi;UJL ~
Na a Wilkison, City Secretary Darren R. Driskell, Mayor
10-26-10 CC Minutes.doc 8 10-26-10