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HomeMy WebLinkAbout2009-07-28 Workshop & Regular Meeting PacketCITY OF ANNA AGENDA NOTICE -CITY COUNCIL WORKSHOP July 28, 2009 6:30 p.m. -Anna City Hall Administration Building The City Council of the City of Anna will meet in Workshop Session at 6:30 p.m., July 28, 2009, at the Anna City Hall Administration Building, located at 111 North Powell Parkway (Hwy 5), regarding the following items. 1. Call to Order 2. Roll Call and Establishment of Quorum. 3. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to: a. discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); b. consult with legal counsel 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 ofthe Government Code (Tex. Gov'tCode §551.071); consult with legal counsel regarding pending or contemplated litigation: City of Anna, Texas v. Faizal Moosa, Individually; and Afshan Moosa, Individually; Cause No. 401-03415-2008 in the 401 st District Court of Collin County, Texas. 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); 1. The Council may vote and/or act upon each ofthe items listed in this agenda. 2. The Council reSCIVes the tight to retire into executive session concerning any ofthe items listed on this agenda, whenever it is considered necessary and legally justified under the ()pen 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 appropriare ammgement!I can be made. 07-28-09 CC Regular Agenda.doc 1 Posted 07-23-09 d. Personnel: Consider position of City Secretary. (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. 4. Adjourn. This is to certify that I, Natha Wilkison, City Secretary, posted this agenda at a place readily accessible to the public at the Anna City Hall and on the City Hall bulletin board at or before 5:00 p.m., July 23, 2009. 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 oftile items listed on this agenda, whenever it is considered necessary and legally justified under tile Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact tile City Secretary at 972 924­ 3325 two working <lays prior to the meeting SO tbat appropriate arrangements can be made. 07-28.09 CC Regular Agenda.doc 2 Posted 07-23-09 CITY OF ANNA AGENDA NOTICE -CITY COUNCIL REGULAR MEE1'ING July 28, 2009 7:30 p.m. -Anna City Han Administration Building The City Council of the City of Anna will meet in Regular Session at 7:30 p.m., July 28, 2009, 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 OpinionlSpeaker Registration Form and tum it in to the City Secretary before the meeting starts. 1. Call to Order. 2. Invocation and Pledge of Allegiance. 3. Citizen comments. Citizens are aI/owed 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. 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. 5. Presentation regarding the Proposed 2009-2010 Budget. 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 July 14, 2009. 1. The Council may vote and/or act upon eacb 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 coosideR:d necessary and legally justified lmder the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contllCt the City Secretaty at 972 924­ 3325 two working days prior to the meeting so that appropriate ammgements can be made. 07·2~9 CC Regular Agenda.doc 3 7. Consider/Discuss/Action regarding a Resolution accepting the contract with W.R. Hodgson Co., L.P. for the construction ofthe County Road 3691371 waterline from Rosamond Pkwy to Hwy 5 for the City of Anna, Texas project as complete. (James Parkman) 8. Consider/Discuss/Action regarding a Resolution accepting the contract with Crescent Constructors, Inc. for the construction of the South Pump Station for the City of Anna, Texas as complete. (James Parkman) 9. ConsiderlDiscusslAction regarding a Resolution approving an application by the City for a Hometown STARS grant on behalf of the Greater Anna Chamber of Commerce. (Philip Sanders) 10. ConsiderlDiscuss/Action regarding a resoh,Jtion approving certain expenditures by the Anna Economic Development Corporation with respect to the finanCing of certain real property. (Clark McCoy) 11. Consider/Discuss/Action regarding a resolution approving an amendment of the Anna Economic Development Corporation Bylaws, Article II, Section 11, to allow the Mayor to attend all meetings of the Board of Directors. 12. Consider/DiscusS/Action regarding an Ordinance declaring an unopposed candidate in the September 14, 2009 special election to be elected to office and canceling the special election. (Clark McCoy) 13. ConsiderlDiscusslAction on any items listed on posted agenda for July 28. 2009 City of Anna Workshop Session or any closed session occurring during this Regular Meeting, as necessary. 14. Adjoum. This is to certify that I, Natha Wilkison, City Secretary, posted this agenda at a place readily accessible to the public at the Anna City Hall and on the City Hall bulletin board at or before 5:00 p.m., July 23, 2009. 1. 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 IIDY ofthe items listed on this agenda, whenever it is considered occessary 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 9:z4... 3325 two worting days prior to the meeting so that appropriate arrangements can be made. 07-28-09 CC Regular Agenda.doc 4 Posted 07-23-09 ItemNo.:,....=6_ City Sccn:tary's use only City of Anna City Council Agenda Staff Report Council Meeting: July 28, 2009 Staff Contact: Philip Sanders Account Code #:_---=.N=/A~_____ Budgeted Amount: NIA Exhibits: 0 Yes DNo AGENDA SUBJECT: 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 July 14, 2009. SUMMARY: STAFF RECOMMENDATION: Motion to approve the consent items. Item No. 7 City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: July 28, 2009 Staff Contact: James Parkman Account Code #:_--=-N=IA:..:.-_____ Budgeted Amount: NIA Exhibits: 0 Yes DNo AGENDA SUBJECf: ConsiderlDiscusslAction to accept completion of the contract with WR Hodgson Co for the waterline project on CR 369/371. SUMMARY: Approval and acceptance of work completed on the CR 369/371 Project. STAFF RECOMMENDATION: We recommend that the Council accept resolution of completion. Item No. 8 City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: July 28, 2009 Staff Contact: James Parkman Account Code #:_---=-N=-/A~_____ Budgeted Amount: NIA Exhibits: 0 Yes DNo AGENDA SUBJECT: ConsiderlDiscusslAction to accept completion of the contract with Crescent Constructors for construction ofthe South Plant Pump Station .. SUMMARY: Approval and acceptance of work completed on the South Plant Pump Station Project .. STAFF RECOMMENDATION: We recommend that the Council accept resolution of completion. Item No. 9 City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: July 28. 2009 Staff Contact: Philip Sanders Account Code #:_~N.!.!..tA~_____ Budgeted Amount: NtA Exhibits: 0 Yes ONo AGENDA SUBJECT: ConsiderlDiscusslAction regarding a Resolution approving an application by the City for a Hometown STARS grant on behalf of the Greater Anna Chamber of Commerce. (philip Sanders) SUMMARY: This resolution will allow the city to apply for a Hometown Stars matching grant up to $10,000 for use by the Greater Anna Chamber for the Anna Glow Fest. The funds will be used for a large marketing campaign utilizing Television, Billboards, Newspapers, radio, Banners, posters, flyers and the like. The matching funds do not need to be identified in advance and will be the responsibility of the "Associate Member" (The Greater Anna Chamber). STAFF RECOMMENDATION: Motion to approve. ltemNo.~ city SecretlIry's use only City of Anna City Council Agenda Staff Report Council Meeting: July 22, 2009 Staff Contact: Clark McCoy Account Code #:_________ Budgeted Amount: ________ Exhibits: 0 Yes DNo AGENDA SUBJECT: ConsiderlDiscussl Action regarding a resolution approving certain expenditures by the Anna Economic Development Corporation with respect to the fInancing of certain real property. SUMMARY: This resolution approves the monthly expenditures and other costs associated with the EDC's refInancing of the approximately 48 acres it owns (EOC business park), and which is currently fInanced through Independent Bank. The current note will mature in December with an obligation to make a signifIcant fInal payment. The EDC has determined that refInancing under a new note is fInancially advisable at this time. The new note would result in fInancing the outstanding principal amount of $383,309.29 over 10 years with an initial 5% fIxed interest rate until July 2014, after which the interest rate will be variable not to exceed 9010. The note will require $3,009.19 in closing costs. The initial monthly principal and interest payment would be $4,304.60. The loan can be paid early without penalty. RECOMMENDATION: Adopt the resolution. Item No. J.l­ City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: July 22, 2009 Staff Contact: Clark: McCoy Account Code #: _________ Budgeted Amount:. _________ Exhibits: 0 Yes DNo AGENDA SUBJECT: ConsiderlDiscussiAction regarding a resolution approving an amendment of the Anna Economic Development Corporation Bylaws, Article II, Section 11, to allow the Mayor to attend all meetings of the Board of Directors. SUMMARY: This resolution would allow the Mayor to attend executive sessions of the EDC. Currently, the Bylaws allow only the City Manager or the City Manager's designee to attend closed sessions. In contrast, the Bylaws of the Anna Community Development Corporation allow the City Manager and the Mayor to attend CDC closed sessions. This resolution, if approved, would enable the EDC to adopt the amendment described in this resolution at the beginning of its next meeting and it would be effective immediately, without the necessity of bringing the amendment back to the Council for approval after adoption by the EDC. In other words, this resolution would essentially act as a pre­ approval of the amendment, and would allow the EDC to put the amendment into effect at its next meeting so that the Mayor could attend any closed session items that may occur. RECOMMENDATION: Adopt the resolution. Item No. iJ.­ City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: July 22, 2009 Staff Contact: Clark McCoy Account Code #:_________ Budgeted Amount: ________ Exhibits: D Yes DNo AGENDA SUBJECT: ConsiderlDiscussiAction regarding an ordinance declaring an unopposed candidate in the September 14, 2009 special election to be elected to office and canceling the special election. SUMMARY: The City Secretary has certified that there is a single unopposed candidate (John Geren) for the special election to fill the City Council Place 4 vacancy. It has further been certified that there are no write-in candidates and no propositions for the ballot. Under these circumstances, the City Council may accept the City Secretary's certification, declare the unopposed candidate to be elected, and cancel the special election. Under the Election Code, the candidate would be issued the certificate of election after the date of the previously called election, September 14, 2009. In this case, the candidate would be eligible to be sworn in at the September 15, 2009 Council meeting. The next election for Place 4 will be May 201 O. RECOMMENDATION: Based on the result of the September 14, 2009 special election being a foregone conclusion, and the fact that cancelling the special election will save costs, staff recommends adoption of the ordinance.