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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. 01-25-11 cc Minutes 01-25-11 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 01-25-11 cc Minutes 2 01-25-11 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 01-25-11 cc Minutes 7 01-25-11 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 01-25-11 cc Minutes 8 01-25-11 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