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HomeMy WebLinkAboutCCpkt2010-08-10CITY OF ANNA AGENDA NOTICE -CITY COUNCIL WORKSHOP August 10, 2010 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., August 10, 2010, 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. Discussion regdng update on TARA Farms Sign. (Philip Sanders) 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. consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the govemmental 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 401st 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; City of Anna v. Walmat Inc., et aI., Cause No. 296-00288-2009, in the 296th 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). Food and Restaurant business; Auto business. L 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 anangements can be made. 08-10-10 CC Regular Meeting Agenda.doc Posted 08-06-10 c. Personnel: City Secretary Annual Review. (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. 5. Discussion regarding any item on the City Council's August 10, 2010 Regular Meeting Agenda Notice, which was posted at the same date, time and place of this Workshop Agenda Notice. ­ 6. 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., August 6,2010. 1. The Council may vote andlor 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. 08-10-10 CC Regular Meeting Agenda.doc 2 Posted 08-06-10 Item No . ..3.!.W City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: August 10,2010 Staff Contact: Philip Sanders Account Code #: ------------------­Budgeted Amount: _________ Exhibits: DYes DNo AGENDA SUBJECT: Discussion regarding the Tara Farms Sign SUMMARY: During the June 8 meeting, Staff shared with the Council some concerns that have been expressed to us regarding the entry feature and sign at the intersection ofHwy. 5 and Butler Street. On July 7 the City sent a letter to the property owners in Phase I of the Tara Farms subdivision. In the letter, we asked the property owners if they would support removal of the sign and if they had any other suggestions that would address the current problems. Of the 14 responses we received (13 written and 1 verbal) 10 expressed support for removing the sign. Based on these responses, Staff would recommend removal of the entry feature and sign at this location. CITY OF ANNA AGENDA NOTICE -CITY COUNCIL REGULAR MEETING August 10, 2010 7:30 p.m. -Anna City Hall Administration Building The City Council of the City of Anna will meet in Regular Session at 7:30 p.m., August 10, 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 OpinionlSpeaker Registration Form and turn 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 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. 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 goveming 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. 1. The Council may vote and/or act upon each of the 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 SecretlIIy at 972 924­ 3325 two working days prior to the meeting so that appropriate arrangements can be made. 08-10-10 CC Regular Meeting Agenda.doc 3 Posted 08-06-10 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 Regular minutes for July 27, 2010. b. Approve a resolution establishing depository/authorized signatories for the Texas Community Development Block Grant Program. (Philip Sanders) 6. Consider/Discuss/Action regarding approving a resolution regarding ATMOS Franchise Fees. (Philip Sanders) 7. Discussion regarding 2010-2011 Fiscal Year Budget. (Philip Sanders) 8. ConsiderlDiscuss/Action regarding a Proposed Tax Rate for 2010-2011 Fiscal Year. (Philip Sanders) 9. Discussion regarding office space for the Mayor. (Philip Sanders) 10. 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 attomey 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 401st 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; City of Anna v. Walmat Inc., et aI., Cause No. 296-00288-2009, in the 296th 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). Food and Restaurant business; Auto business. (c) Personnel: City Secretary Annual Review. (Government Code, Section 551.074). 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 It 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. 08-10-10 CC Regular Meeting Agenda.doc 4 Posted 08-06-10 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. 11. Consider/Discuss/Action on any items listed on posted agenda for August 10, 2010 City of Anna Workshop Session or any closed session occurring during this Regular Meeting, as necessary. 12. 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., August 6, 2010. 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 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. 08-10-10 CC Regular Meeting Agenda.doc 5 Posted 08-06-10 Item No. "la" +bl City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: August 10, 2010 Staff Contact: Philip Sanders Account Code #:_~N~/~A~_____ Date Prepared: 8/05/10 Budgeted Amount:___---'N::....:..:...:o/A-=--___ 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 27,2010. b. Approve a resolution establishing depository/authorized signatories for the Texas Community Development Block Grant Program. (Philip Sanders) SUMMARY: RECOMMENDATION: Staff recommends approval of the consent items. ItemNo.~) City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: August 10,2010 Staff Contact: Philip Sanders Account Code Budgeted Amount:_________ Exhibits: DYes DNo AGENDA SUBJECT: ConsiderlDiscuss/Action regarding a Resolution establishing depository/authorized signatories for the Texas Community Development Block Grant Program SUMMARY: The City of Anna is a participant in the Texas Community Development Block Grant Program (TxCDBG) and a recipient of TxCDBG Community Development Block Grant Funds. It is a condition of the TxCDBG contract between the Texas Department of Rural Affairs and the City of Anna, Texas, that a Resolution be approved establishing depository/authorized signatories for appropriate record keeping and fiscal management procedures. The Resolution names the Mayor, City Manager, and City Secretary as authorized signatories. RECOlVIMENDATION: Staff recommends approval of the attached Resolution. ItemNo.~ City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: August 10, 2010 Staff Contact: Philip Sanders Account Code #:__________ Budgeted Amount: _________ Exhibits: 0 Yes DNo AGENDA SUBJECT: ConsiderlDiscuss/Action regarding approval of a resolution regarding Atmos Franchise Fees. SUMMARY: The City currently belongs to the Atmos Cities Steering Committee which negotiates franchise and rate issues with Atmos Energy Corporation on behalf of its member cities. Through recent negotiations Atmos has agreed to provide member cities with the option to receive payment of franchise fees on franchise fee payments received by Atmos. If the City exercises this option, the amounts billed to and collected from customers for franchise fees would be added to the revenue amount that Atmos uses to calculate the City's franchise fee payment. The City can also elect to receive an additional payment for the period of time that franchise fees were not included in the calculation of the City's franchise fee payment, consistent with the Company's agreement with the Atmos Cities Steering Committee. It is understood that by agreeing to exercise this option that any additional franchise fee amounts paid to the City by Atmos are recoverable by Atmos from the Company's ratepayers within city limits. If the City elects this option we could expect to receive $400-$600 more in franchise fees annually from Atmos Energy. Item No. 7 City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: August 10, 2010 Staff Contact: Philip Sanders Account Code #:_~N'-!.:.IA~_____ Date Prepared: 8/05/10 Budgeted Amount: ___..:.N=1A::...:-___ Exhibits: 0 Yes DNo AGENDA SUBJECT: Discussion regarding 2010-2011 Fiscal Year Budget. (Philip Sanders) SUMMARY: RECOMMENDATION: Item No. 3 City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: 08/10/2010 Staff Contact: Philip Sanders Account Code #:_~N~/~A~_____ Date Prepared: 08/05/2010 Budgeted Amount___--=-N.:.:.../:....:A'--___ Exhibits: DYes D No AGENDA SUBJECT: ConsiderlDiscussiAction regarding a Proposed Tax Rate for 2010-2011 Fiscal Year. SUMMARY: The following defInitions are provided from "Truth in Taxation" from the Texas Comptrollers Office: Effective tax rate The effective tax mte is a calculated mte that would provide the taxing unit with about the same amount of revenue it received in the year before on properties taxed in both years. If property values rise, the effective tax mte will go down and vice versa. Rollback tax rate The rollback rate is a calculated maximum rate allowed by law without voter approval. The rollback mte provides the taxing unit with about the same amount of tax revenue it spent the previous year for day-to-day operations, plus an extra 8 percent increase for those operations, in addition to sufficient funds to pay debts in the coming year. If a unit adopts a tax rate higher than the rollback rate, voters in the unit can circulate a petition calling for an election to limit the size of the tax increase. Each year after properties are appraised by the Central Appraisal District the County calculates the effective tax rate and the roll back tax rate for the City of Anna as part of the service to collect taxes for the City. This year the effective tax rate for the City is calculated at $0.652060 per $100 valuation of property. This rate will produce approximately the same amount of revenue as collected last year when the tax rate was $0.622733 per $100 valuation. The effective tax rate is higher than the current mte because the value of properties taxed in both years has declined. If the Council believes that the City can fund next years budget with the effective tax rate and does not intend to propose a tax rate above the effective rate, no action is required by the City until after it adopts the Budget in September. ItemNo!,...__ City Secretary's use only If the Council intends to adopt a tax rate above $0.652060 cents per $100 valuation, the Council must vote to propose a tax increase at this meeting and set the times and places for the two required public hearings. The council must vote on a specific tax rate that is the highest rate that can be adopted after the required public hearings. The Council can adopt any rate lower than the rate voted on Tuesday but not higher. The City must publish two '114 page advertisements in the City's newspaper and a quorum of the Council must be present to hold the two public hearings before the tax rate can be adopted which will occur after the budget is adopted. The Rollback rate this year is $0.695377 per $100 valuation of property. If the Council adopts a tax rate above the Rollback rate the citizens can petition for a roll back election to lower the rate adopted to the Rollback rate and that would delay collection of taxes or require a refund to be paid to each taxpayer. This year each $0.01 increase in the tax rate generates approximately $36,512 in taxes. RECOMMENDED ACTION: Staff recommends that the Council adopt a tax rate no higher than the effective rate of $0.652060 cents per $100 valuation. ItemNo.~ City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: August 10,2010 Staff Contact: Philip Sanders Account Code Budgeted Amount:_________ Exhibits: 0 Yes DNo AGENDA SU~JECT: Discussion regarding office space for the Mayor SUMMARY: Mayor Driskell has asked that I locate a suitable space within the City facilities that could serve as an office for the Mayor. A decision regarding the provision of office space for the Mayor or other members of the City Council would have to be made by the City Council. Since there is currently no un-used space in our existing buildings, the creation of an additional separate office would necessarily require the relocation or rearrangement of existing offices, work areas, and/or storage areas. The Council would need to allocate money in the budget for any necessary remodel work. The City Manager is ultimately responsible for the maintenance, up-keep and security of all City facilities and buildings. The Mayor and Council members are currently able to use the conference room in the Administration Building for meetings and other City related business. If otherwise directed by the Council, I would prefer that an office or work area for the Mayor or Council members be provided outside of general employee work areas and in the same building as the City Manager and City Secretary who are responsible for providing administrative support to members of the City Council.