HomeMy WebLinkAbout2011-01-25 Workshop & Regular Meeting MinutesMINUTES OF
CITY OF ANNA AGENDA NOTICE -CITY COUNCIL WORKSHOP
January 25, 2011 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., January 25,
2011, 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 Keith Green, John Geren,
Marc Hendricks and Becky Glover were present. Council Members Mike
Crist and Kevin Anderson were absent.
3. Discussion regarding an operations agreement with the South
Grayson Water Supply Corporation. (Philip Sanders)
City Manager, Philip Sanders presented the item to council and answered
questions from council members.
4. Discussion regarding the purchase of a fire engine. (Philip
Sanders/Chief Newton)
Fire Chief, Danny Newton presented the item to council members. Chief
Newton and City Manager, Philip Sanders answered questions from
council members and discussed the condition of the current fire engine
and options regarding purchasing a replacement.
5. Discussion regarding Mayor Driskell's schedule for City Council
meetings. (Mayor Driskell)
Mayor Driskell has started to school and the schedule will conflict with a
few city council meetings. Mayor Driskell will present a schedule to the
City Manager of when those dates will be.
6. Discussion regarding median breaks on FM 455 (Philip Sanders)
City Manager, Philip Sanders presented the item to council and answered
questions.
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7. Discussion regarding the agenda for the February 5, 2011 Town Hall
City Council meeting. (Philip Sanders)
City Manager, Philip Sanders presented the draft agenda and took
suggestions from council members for topics to discuss.
Council Member Green made the motion to enter closed session at 7:22
p.m. Council Member Hendricks seconded the motion. Motion passes.
AYE 5 NAY 0 ABSTAIN o
8. 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;
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.
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 7:30 p.m. Council Member Hendricks seconded the motion.
Motion passes.
AYE 5 NAY 0 ABSTAIN o
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9. Discussion regarding any item on the City Council's January 25, 2011
Regular Meeting Agenda Notice, which was posted at the same date,
time and place of this Workshop Agenda Notice.
None
10. Adjourn.
Council Member Green made the motion to adjourn at 7:30 pm. Mayor
Driskell seconded the motion. Motion passes.
AYE 5 NAY 0 ABSTAIN o
ATTEST:
01-25-11 cc Minutes 3 01-25-11
MINUTES OF
CITY OF ANNA AGENDA NOTICE -CITY COUNCIL REGULAR MEETING
January 25, 2011 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., January 25,
2011, 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 Driskell called the meeting to order at 6:30 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.
Damon Hensley spoke on the ordinance for dogs barking and his complaint on his
neighbors barking dogs.
4a. 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 ofthe agenda.
Town Hall meeting coming up on February 5, 2011 and GACC Banquet coming
up February 12,2011.
01-25-11 cc Minutes 4 01-25-11
4b. Presentation of donation to the Anna Fire Rescue Auxiliary Association.
Gary Billups presented a donation from the homeowners of Sheffield Farm to the
City of Anna Fire Department.
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 Regular minutes for December 14,2010.
b. Approve City Council Special minutes for December 8, 2010.
c. Approve a Resolution supporting the preservation of funds allocated
for north Texas RTR projects.
d. Approve a Resolution awarding the bid for HVAC equipment and
system installation at the new public works building.
e. Approve "Lester Addition" Development Plat.
f. Review Anna EDC Regular minutes for August 5, 2010.
g. Review Anna CDC Regular minutes for August 5, 2010.
h. Review P & Z Regular minutes for November 1,2010.
i. Review P & Z Regular minutes for December 6, 2010.
j. Review P & Z and City Council Special Joint Workshop for
December 6, 2010.
k. Approve a Professional Service Agreement between the Anna
Economic Development Corporation and Tom Terrell, Jr.
I. Approve a Resolution approving an amended concept plan for
Natural Springs Park.
m. Approve a Resolution regarding the acquisition of a utility easement.
n. Approve a resolution adopting an amendment to the development
agreement between the City of Anna and Do Peep Crossen and Jan
Marie Swalwell, and authorizing the City Manager to execute same on
behalf of the City.
o. Approve a resolution adopting an amendment to the development
agreement between the City of Anna and Kenneth and Carol
01-25-11 cc Minutes 5 01-25-11
Matuszak, and authorizing the City Manager to execute same on
behalf of the City.
p. Approve a resolution adopting an amendment to the development
agreement between the City of Anna and Helen Luscombe, and
authorizing the City Manager to execute same on behalf of the City.
q. Approve a resolution adopting an amendment to the development
agreement between the City of Anna and Clinton Van Lawrence, and
authorizing the City Manager to execute same on behalf of the City.
r. Approve a resolution adopting an amendment to the development
agreement between the City of Anna and Sherley Partners, LTD, and
authorizing the City Manager to execute same on behalf of the City.
s. Approve a resolution adopting an amendment to the 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.
t. Approve a resolution adopting an amendment to the development
agreement between the City of Anna and Michael Burnside, and
authorizing the City Manager to execute same on behalf of the City.
u. Approve a resolution adopting a development agreement and an
amendment to the development agreement between the City of Anna
and Jeffery and Michelle Wickliffe, and authorizing the City Manager
to execute same on behalf of the City.
v. Approve a resolution adopting a development agreement and an
amendment to the development agreement between the City of Anna
and Dennis and Carolyn Gidney, and authorizing the City Manager to
execute same on behalf of the City.
w. Approve a resolution adopting a development agreement and an
amendment to the development agreement between the City of Anna
and John Gidney, and authorizing the City Manager to execute same
on behalf ofthe City.
x. Approve a resolution adopting an amendment to the development
agreement between the City of Anna and Michael and Cynthia Foster,
and authorizing the City Manager to execute same on behalf of the
City.
y. Approve a resolution adopting an amendment to the development
agreement between the City of Anna and Chapel Hill Investments
01-25-11 cc Minutes 6 01-25-11
LTD. and authorizing the City Manager to execute same on behalf of
the City.
Mayor Driskell made the motion to approve all items on the consent items except
item m. Council Member Green seconded the motion. Motion passes.
AYE 5 NAY 0 ABSTAIN o
Council Member Geren recused himself for discussion of consent item m. Mayor
Driskell made the motion to approve item m. Council Member Green seconded
the motion. Motion passes.
AYE 4 NAY 0 ABSTAIN o
Council Member returned to the meeting.
6. ConsiderlDiscuss/Action regarding scheduling joint meetings with City
boards and commissions. (Philip Sanders)
City Manager, Philip Sanders presented the item to council for discussion.
Council Members discussed meeting Tuesday, February 15,2011 at 6:30 pm.
7. ConsiderlDiscuss/Action regarding a resolution authorizing the Texas
Coalition for Affordable Power (TCAP) to negotiate an extension to the
current electric supply and necessary related services agreement for a fixed
price per kwh that is lower than contract rates for 2011-2013; and
authorizing the City Manager to sign a contract with TCAP for the city's
electricity needs for the period beginning January 1, 2011 or as soon after
finalization of a contract as possible and extending up to December 31, 2018
(Philip Sanders)
Philip Sanders, City Manager presented the item to council for discussion and
questions. Mayor Driskell made the motion to approve. Council Member Glover
seconded the motion. Motion passes.
AYE 5 NAY 0 ABSTAIN o
8. ConsiderlDiscuss/Action regarding a Resolution approving a developer
agreement with Viola Lordsmeer, L.P. (Philip Sanders)
Philip Sanders, City Manager presented the item to council for discussion.
Maurice Schwanke, Director of Planning and Development reviewed the zoning
for the Mantua project and answered questions from council members. Mayor
Driskell made the motion to approve with the included changes. Council Member
Geren seconded the motion. Motion passes.
AYE 5 NAY 0 ABSTAIN o
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9. ConsiderlDiscuss/Action regarding a Resolution approving a Restated
Certificate of Formation for Anna Economic Development Corporation.
(Jessica Perkins)
Clark McCoy, City Attorney presented item 9 and 10 to council and answered
questions. Council Member Green made the motion to approve. Council Member
Hendricks seconded the motion. Motion passes.
AYE 5 NAY 0 ABSTAIN o
10. ConsiderlDiscuss/Action regarding a Resolution approving a Restated
Certificate of Formation for Anna Community Development Corporation.
(Jessica Perkins)
Council Member Green made the motion to approve. Council Member Hendricks
seconded the motion. Motion passes.
AYE 5 NAY 0 ABSTAIN o
11. ConsiderlDiscuss/Action regarding an Ordinance amending the Anna City
Code of Ordinances, Part II by adding new Article 50, Management of Public
Rights-of-way; Amending Part IV, Article 5 by adding new Section 12 Right
of-Way Construction Permit Fee, and new Section 13 Permit Fee for
Driveways and Other Private Improvements in Public Rights-of-Way. (Philip
Sanders)
City Manager, Philip Sanders presented the item to council and answered
questions from council members. Council Member Green made the motion to
approve. Council Member Glover seconded the motion. Motion passes.
AYE 5 NAY 0 ABSTAIN o
12. ConsiderlDiscussl Action regarding appointing persons to the Anna Fire and
Rescue Auxiliary Association, Inc. Board of Directors. (Chief Newton)
City Manager, Philip Sanders gave some background to this item. Fire Chief
Danny Newton presented the appointees Michael Covey and Jeff Allbritten to
serve on the Anna Fire Rescue Auxillary Association Board of Directors. Council
Member Geren made the motion to approve. Council Member Green seconded the
motion. Motion passes.
AYE 5 NAY 0 ABSTAIN o
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13. ConsiderlDiscuss/ Action regarding pre-annexation developer agreements.
(Council Member Geren)
Council Member Geren would like to see the Slayter Creek Road property owners
back on the agenda for discussion of their developer agreements or annexation.
Council Members said let them come to staff and start negotiations for the term
length to not be annexed.
14, ConsiderlDiscuss/Action regarding placing the following on a future City
Council agenda:
a) Call an election to amend the Charter to change:
i.the length of terms to which Council members are elected (Council
Member Geren)
ii.the voting privileges of the office of Mayor (Council Member
Geren)
Council Member Geren would like to see a review of the charter and to revisit the
two items mentioned above and have an election this year while residents don't
have to focus on electing new officials. City Manager, Philip Sanders pointed out
that according to the charter a charter commission will need to be appointed this
year to review the charter. Council Members are to come up with at least one
name for the Charter Review Committee for discussion at the next meeting.
Council Member Hendricks made the motion to return to closed session at 8: 13
pm. Council Member Geren seconded the motion. Motion passes.
AYE 5 NAY 0 ABSTAIN o
15. 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 ofAnna, Cause No. 380-04163-2009 in the 380th District Court of Collin
County, Texas;
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
01-25-11 cc Minutes 9 01-25-11
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.
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 8:41 pm. Council
Member Green seconded the motion. Motion passes.
AYE 5 NAY 0 ABSTAIN o
16. ConsiderlDiscuss/Action on any items listed on posted agenda for January
25, 2011 City of Anna Workshop Session or any closed session occurring
during this Regular Meeting, as necessary.
Council Member Green made the motion to take no action. Council Member
Hendricks seconded the motion. Motion passes.
AYE 5 NAY 0 ABSTAIN o
17. Adjourn.
Mayor Driskell made the motion to adjourn at 8:42 pm. Council Member Geren
seconded the motion. Motion passes.
AYE 5 NAY 0 ABSTAIN o
ArrEST: APPROVED:
01-25-11 cc Minutes 10 01-25-11