HomeMy WebLinkAboutCCmin2010-11-09Minutes of
CITY 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 met 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
Mayor Darren R. Driskell called the meeting to order at 6:30 pm.
2. Roll Call and Establishment of Quorum.
Mayor Darren R. Driskell and Council Members Mike Crist, Kevin
Anderson, Keith Green, John Geren, and Marc Hendricks were present.
Council Member Glover arrived 6:36 pm.
3. Discussion regarding tobacco use at city council meetings and
meetings of council appointed boards and commissions.
Mayor Driskell and Council Members stated they wanted to wait until
Council Member Glover was present to discuss this item since she
requested it be put on the agenda.
Council Member Crist made the motion to enter closed session at 6:34 pm.
Council Member Green seconded the motion. Motion passes.
AYE 5 NAY 1 (CM Anderson) ABSTAIN 0
Council Member Glover arrived at 6:36 pm while in closed session.
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
1. The Cmmcil 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 Minutes.doc 11-09-10
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 emancial
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.
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.
Council Member Hendricks made the motion to return to open session at
7:00 pm. Council Member Crist seconded the motion. Motion passes.
AYE 7 NAY 0 ABSTAIN 0
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.
Council Members returned to item 3 for discussion. Council Member's
discussed whether to prohibit the use of tobacco including the use of
smokeless tobacco at city meetings. Council Members chose not to
address this issue at this time.
6. Adjourn.
Council Member Crist made the motion to adjourn at 7:08 pm. Council
Member Green seconded the motion. Motion passes.
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11111/1I1I}l~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-Q9..10 CC Regular Minutes.doc 2 11-09-10
MINUTES OF
CITY OF ANNA AGENDA NOTICE -CITY COUNCIL REGULAR MEETING
November 9, 2010 7:30 p.m. -Anna City nan Administration Building
The City Council of the City of Anna met in Regular Session at 7:30 p.m., November 9,
2010, at the Anna City Hall Administration Building, located at III 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. Can 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 0/ specifIC
factual in/ormation in response to a citizen's inquiry or to recite existing policy
in response to the inquiry.
There were no public comments.
4. Receive reports from Staff or the City Council about items of community
interest. Items 0/ community interest include: expressions 0/ thanks,
congratulations, or condolence; in/ormation regarding holiday schedules; an
honorary or salutary recognition 0/a public offICial, public employee, or other
citizen (but not including a change in status 0/ a person's public offICe or
public employment); a reminder about an upcoming event organized or
sponsored by the governing body; in/ormation 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 0/
the goveming body or an offICial or employee 0/ the municipality; and
announcements involving an imminent threat to the public health and safety 0/
people in the municipality that has arisen after the posting 0/the agendll.
Fire Chief, Danny Newton had attended the Texas Fire Chiefs Academy.
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..()9..10 CC Regular Minutes.doc 3 11..()9..10
5. Consent Items. These items consist of non-controversw 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.
Co 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 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.
Council Member Anderson suggested removing item g for separate consideration.
Council Member Green made the motion to approve items a-f and h-k of the
consent items. Council Member Crist seconded the motion. Motion passes.
AYE 7 NAY 0 ABSTAIN o
Council Member Geren excused himself and left the room. Council Member
Anderson made the motion to approve consent item g. Council Member Green
seconded the motion. Motion passes.
I. The COWlcil may vote and/or act upon each ofthe items listed in this agenda.
2. The CoWlcil reserves the right to retire into executive session concerning any of the 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 Minutes.doc 4 11-09-10
AYE 6 NAY 0 ABSTAIN o
Council Member Geren returned to the meeting.
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 Tony and Yvonne Ulaj and commonly known as
Joe's Italian Bistro. (Maurice Schwanke)
Maurice Schwanke, Director of Planning and Development presented the item to
council and answered questions from council members. Mayor Driskell opened
the public hearing at 7:38 pm. There was no public comment. Mayor Driskell
closed the public hearing at 7:38 pm.
(b) ConsiderlDiscusslAction 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)
Mayor Driskell made the motion to approve. Council Member Crist seconded the
motion. Motion passes.
AYE 7 NAY 0 ABSTAIN o
I. The COlDlcii may vote and/or act upon each ofthe items listed in this agenda.
2. The COlDlcil 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 womng days prior to the meeting so that appropriam ammgements can be made.
11-09-10 CC Regular Minutes.doc 5 11-09-10
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)
Jessica Perkins, Assistant to the City Manager presented the item to council and
answered questions. Council Members requested for the final draft of the contract
to be brought back to council for the 2nd reading of the resolution approving the
project.
8. ConsiderlDiscussl Action regarding a Resolution adopting meeting rules and
procedures for the City Council and for Boards and Commissions. (Philip
Sanders)
City Manager, Philip Sanders presented the item to council. Council Member
Crist made the motion to approve. Council Member Green seconded the motion.
Motion passes.
AYE 7 NAY 0 ABSTAIN o
Closed session was not needed.
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 (TeL 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 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 f"mancial 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 Minutes.doc 6 11-09-10
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. ConsiderlDiscusslAction on any items listed on posted agenda for November
9, 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.
Council Member Anderson made the motion to adjourn at 7:48 pm. Council
Member Crist seconded the motion. Motion passes.
AYE 7 NAY 0 ABSTAIN o
ATIEST: APPROVED:
Na ~n R. Driskell, Mayor
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 Minutes.doc 7 11-09-10