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HomeMy WebLinkAboutCCmin2010-09-28MINUTES OF CITY OF ANNA AGENDA NOTICE -CITY COUNCIL WORKSHOP September 28,2010 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., September 28, 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 Kevin Anderson, Keith Green, John Geren, Marc Hendricks and Becky Glover were present. Council Member Mike Crist was absent. 3. Discussion regarding proposed Financial Policies. (Philip Sanders) City Manager, Philip Sanders reviewed the proposed financial policy which establishes policies and procedures related to the budget, deposit and investment of city funds, purchasing and purchasing cards and a code of ethics. Mr. Sanders answered questions from council members. 4. Discussion regarding Energy Efficiency Grant Application. (Philip Sanders) City Manager, Philip Sanders briefed council members regarding an Energy Efficiency Grant Application he had submitted and answered questions from council members. Council Member Green made the motion to enter into closed session at 6:47 pm. Mayor Driskell seconded the motion. Motion passes. AYE 4 NAY 2 (CM Anderson and Hendricks ABSTAON 0 5. 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); 09-28-10 CC Minutes.doc 09-28-10 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). Partnership Broadband, Bloomfield Properties 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 6:58 pm. Mayor Driskell seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN o 6. Discussion regarding any item on the City Council's September 28, 2010 Regular Meeting Agenda Notice, which was posted at the same date, time and place of this Workshop Agenda Notice. No discussion at this time. 7. Adjourn. Council Member Green made the motion to adjourn at 7:00 pm. Council Member Anderson seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN o City Attorney, Clark McCoy arrived 7:05 pm. Mayor Driskell reconvened the meeting at 7:08 pm. Council Member Green made the motion to enter closed session at 7:08 pm. Council Member Hendricks seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN Council Member Anderson made the motion to return to open session at 7:25 pm. Council Member Hendricks seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN o 09-28-10 CC Minutes.doc 2 09-28-10 Council Member Green made the motion to adjourn at 7:26 pm. Council Member Anderson seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN o ATTEST: APPROVED: 09-28-10 CC Minutes.doc 3 09-28-10 MINUTES OF CITY OF ANNA AGENDA NOTICE -CITY COUNCIL REGULAR MEETING September 28, 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., September 28, 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 Opinion/Speaker Registration Form and tum it in to the City Secretary before the meeting starts. 1. Call to Order. Mayor Darren R. Driskell called the meeting to order at 7:30 pm. 2. Invocation and Ple~ge of Allegiance. Pastor Andrew Werely with First Baptist Church 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. None 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. City Manager, Philip Sanders mentioned the Flu Shot Clinic, October 15, 2010 from 9 am to 3 pm. Chief Jenks mentioned National Night Out, October 5,2010 from 6:00 pm to 8:00 pm. Mayor Driskell mentioned Fire Department Skeet Shoot, October 23, 2010. 09-28-10 CC Minutes.doc 4 09-28-10 Mayor Driskell moved to items 6 and 7 on the agenda at this time. 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 August 24,2010. b. Review Anna Economic Development Regular minutes for June 10, 2010. c. Review Anna Community Development Regular minutes for June 10, 2010. Council Member Green made the motion to approve. Council Member Glover seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN o 6. Presentation of Certificates of Appreciation to City of Anna Park Board Members. Mayor Driskell presented Certificates of Appreciation to Park Board Members. 7. Proclamation for 2~Annual National Night Out 2010. Mayor Driskell read and presented the proclamation to Police Chief Jenks. Mayor Driskell moved to item 12 on the agenda. 8a. Hold a public hearing to hear public comment regarding a petition for a change to Article 29, Section 5, Temporary Restrictions of Bicycles along FM 455, of the Anna City Code of Ordinances. (Philip Sanders) City Manager, Philip Sanders presented the item to council. Craig Newman petitioner was present and presented his argument for change to the ordinance. Mayor Driskell opened the public hearing at 7:43 pm. City Attorney Clark McCoy gave back ground information regarding the adoption of this ordinance. Mayor Driskell closed the public hearing at 7:55 pm. 8b. Consider/Discuss/Action regarding a petition for a change to Article 29, Section 5, Temporary Restrictions of Bicycles along FM 455, of the Anna City Code of Ordinances. (Philip Sanders) Council Member Geren spoke against letting bikes on FM 455 as did Council Members Anderson and Council Member Green. Mayor Driskell made the motion to deny the petition. Council Member Green seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN o 09-28-10 CC Minutes.doc 5 09-28-10 9. Consider/Discuss/Action on a Resolution of the City of Anna, Texas, Authorizing the Submission of a Texas Community Development Block Grant Program Application to the Texas Department of Rural Affairs for the Community Development Fund; and Authorizing the City Manager to Act as the City's Executive Officer and Authorized Representative in all Matters Pertaining to the City's Participation in the Texas Community Development Block Grant Program. (Philip Sanders) City Manager, Philip Sanders presented the item to council and answered questions. Jessica Kaltenbach of Lawrence & Associates was present and answered questions from council members. Council Member Glover made the motion to approve. Council Member Hendricks seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN o 10. Consider/Discuss/Action on a Resolution of the City of Anna, Texas, Committing Matching Funds in Support of Activities Associated with the 2011-2012 Sewer System Improvements Proposed in an Application to the Texas Department of Rural Affairs for the Community Development Block Grant Program. (Philip Sanders) Philip Sanders, City Manager presented the item to council. Council Member Glover made the motion to approve. Council Member Green seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN o 11. Consider/Discuss/Action regarding approving a Resolution supporting a Collin County Redistricting Resolution. (Philip Sanders) City Manager, Philip Sanders presented the item to council and answered questions. Council Member Green made the motion to approve. Council Member Glover seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN o 12. Consider/Discuss/Action adopting an Ordinance regarding Approving a Negotiated Resolution between the ATMOS 'Steering Committee" and the ATMOS Energy Corp., MID-TEX Division regarding the Company's Third Rate Review Mechanism Filing in all Cities Exercising Original Jurisdiction. (Philip Sanders) City Manager, Philip Sanders presented the item to council. Council Member Geren made the motion to approve. Council Member Glover seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN o Mayor Driskell moved to item 19 on the agenda. 09-28-10 CC Minutes.doc 6 09-28-10 13. ConsiderlDiscusS/Action regarding a Resolution approving an Interlocal Agreement with Collin County regarding FM 455 funding for Utility Relocation. (Philip Sanders) City Manager, Philip Sanders presented the item to council. Council Member Green made the motion to approve. Council Member Glover seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN o 14. Consider/Discuss/Action regarding a Resolution approving an Agreement with Dannenbaum Engineering for engineering services for the relocation of utilities along FM 455. (Philip Sanders) City Manager, Philip Sanders presented the item to council and answered questions. City Attorney, Clark McCoy suggested some clerical changes when making a motion to approve. Danny Everett with Dannenbaum Engineering was present and answered questions from council. Mayor Driskell made the motion to approve with the clerical changes City Attorney, Clark McCoy suggested. Council Member Glover seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN o 15. Consider/Discuss/Action regarding a Resolution approving a Tower Site License Agreement with TierOne Converged Networks, Inc. (Philip Sanders) City Manager, Philip Sanders presented the item to council and answered questions. City Attorney, Clark McCoy suggested some clerical changes when making a motion to approve. Council Member Anderson made a motion to approve with the clerical changes the city attorney suggested. Council Member Glover seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN o 16. Consider/Discuss/Action regarding Voting for Candidates for the Texas Municipal League Intergovernmental Risk Pool Board of Trustees. (Philip Sanders) Council Member Anderson made a motion to vote for Michael S. Nyren, Place 6; Lawanna Williams, Place 7; Gilbert Perales, Place 8 and Andres Garza, Place 9. Council Member Glover seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN o 17. ConsiderlDiscuss/Action regarding an Ordinance adopting a Financial Policy. (Philip Sanders) City Manager, Philip Sanders presented the item to council. Council Member Green made the motion to approve adding provisions for the auditor to review 09-28-10 CC Minutes.doc 7 09-28-10 credit card purchases. Council Member Hendricks seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN o 18. Consider/Discuss/Action regarding an Ordinance amending the Personnel Policy regarding holidays for the City of Anna F.ire Fighters. City Manager, Philip Sanders presented the item to council and answered questions. Mayor Driskell made the motion to approve. Council Member Glover seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN o 19. Consider/Discuss/Action regarding a Resolution approving an Economic Development Agreement with Bloomfield Properties Inc. (Philip Sanders) City Manager, Philip Sanders presented the item to council. Council Member Anderson made the motion to approve. Council Member Green seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN o Mayor Driskell returns to item 5 on the agenda. 20. Discussion regarding future annexations. (Philip Sanders) None Council Member Glover made the motion to enter closed session at 8:31 pm. Council Member Green seconded the motion. Motion passes. AYE 4 NAY 2 (CM Anderson and Hendricks) ABSTAIN 0 21. 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); 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 09-28-10 CC Minutes.doc 8 09-28-10 other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code §551.087). Partnership Broadband, Bloomfield Properties. 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 8:52 pm. Council Member Glover seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN o 22. Consider/Discuss/Action on any items listed on posted agenda for September 28,2010 City of Anna Workshop Session or any closed session occurring during this Regular Meeting, as necessary. Council Member Glover made the motion to take no action. Mayor Driskell seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN o 23. Adjourn. Council Member Anderson made the motion to adjourn at 8:52 pm. Council Member Glover seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN o ATTEST: APPROVED: ~~.I.Mayor 09-28-10 CC Minutes.doc 9 09-28-10