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HomeMy WebLinkAbout2003-01-28 Special Meeting PacketPage 1 of 11 AGENDA CITY OF ANNA SPECIAL COUNCIL MEETING JANUARY 28, 2003, 7:00 p.m. The City Council of the City of Anna will meet in Special Session at 7:00 p.m., Tuesday, January 28, 2003, at the Anna City Hall, 101 N. Powell Parkway, to consider the following items: 1. Call to Order. 2. Roll Call and Establishment of Quorum. 3. Consider citizen comments and presentations. 4. Staff reports and items for discussion. 5. Public Hearing: Petition by Clyde R. Askew and Dorothy Askew to annex 39.9944 acre tract in the Grandison Stark Survey, Abstract No. 798. 6. Public Hearing: Petition by Tommy Tompkins to annex 24.69 acre tract in the J. C. Farris Survey, Abstract No. 331. 7. Public Hearing: The City of Anna will hold a public hearing to consider the submission of an application to the Texas Parks and Wildlife Department for grant funds to support the development of a community park. 8. Consider resolution authorizing the submission of an application to the Texas Parks & Wildlife Department for financial assistance to develop/construct park, recreation, and open space facilities. 9. Consider action as desired by council regarding position of Building Official and/or Code Enforcement Officer (item requested by Mr. Ricky Gillean). 10. Consider action to authorize Mayor to sign Inter-Jurisdictional Mutual Aid Agreement between City of Anna and Collin County and all municipalities located within Collin County. 11. Consider action creating position of Building Official/Code Enforcement Officer. 12. Consider recommendation of Planning and Zoning Commission regarding preliminary plat of a 57.23 acre tract in the J. C. Farris Survey, Abstract No. 331, Collin County Texas, owner represented by Tommy Tompkins, located on the north side of W. White Street on the west side of Slater Creek.. 13. Consider request for annexation of A 96.085 acre tract in the Thomas Rattan Survey, Abstract No. 782, and the Henry Smith Survey, Abstract No. 823, owner being Soon Chee, located on the north side of CR 367 west of S. Central Expressway on the east side of Throckmorton Creek. 14. Consider request for zoning of A 96.085 acre tract in the Thomas Rattan Survey, Abstract No. 782, and the Henry Smith Survey, Abstract No. 823, owner being Soon Chee, located on the north side of CR 367 west of S. Central Expressway on the east side of Throckmorton Creek. 15. Consider recommendation of Public Works Director regarding revisions of Personnel Policies Manual. 16. Consider Ordinance amending water service rates and charges for deposits on fireplug meters 17. Consider resolution urging the Texas congressional delegation to support funding of $3.5 billion first responder initiative during 108th Session of Congress (Texas Municipal League). 18. Consider revision of employment agreement with Lee Lawrence (relative to Texas Municipal Retirement System). 19. Adjourn. Posted: City Secretary (Date and Time) Any person needing assistance with participation should contact the City Secretary’s office at 972-924- 3325 at least 48 hours before the meeting. The City Hall of the City of Anna is accessible to physically handicapped persons. INSTRUCTIONS TO NEWSPAPER: Please publish this advertisement one time at the earliest date possible. CITY OF ANNA SECOND PUBLIC HEARING ANNEXATION OF TERRITORY The City of Anna will hold a public hearing on January 28, 2003, at 7:00 P..M. at the Anna City Hall, 101 N. Powell Parkway, regarding annexation of the following tracts: A 24.692 acre tract in the J. C. Farris Survey, Abstract No. 331, Collin County Texas, owner represented by Tommy Tompkins, located on the north side of W. White Street approximately 2,500 feet west of Slater Creek.. A 39.9944 acre tract in the Grandison Stark Survey, Abstract No. 798, owners being Clyde R. Askew and Dorothy Askew, located at the northeast corner of the intersection of S. Powell Parkway (State Highway 5) and County Road 421. These annexations are being undertaken as a result of petition of the property owners. Additional information regarding the annexations can be secured from the office of the City Secretary, City of Anna, by phone at 972-924-3325, by mail at P. O. Box 776, Anna, TX 75409, or by personal inquiry at the Anna City Hall, 101 N. Powell Parkway, Anna, TX 75409. This public hearing is an opportunity for citizens of Anna and residents/property owners in the affected areas to comment on the proposed annexations. Persons unable to attend this hearing may submit their comments in writing to the City Secretary, P. O. Box 776, Anna, TX 75409 or through personal deliver at the Anna City Hall, 101 N. Powell Parkway, Anna, TX 75409. Ronald R. Ferguson Mayor Please publish the following public hearing notice on or before January 22nd. Please send a tear sheet and affidavit to Lee Lawrence, City of Anna, 101 North Powell Parkway, Anna, Texas 75409. Billing for this notice should be sent to the City of Anna. ********************************************************** CITY OF ANNA NOTICE OF PUBLIC HEARING The City of Anna will hold a public hearing to consider the submission of an application to the Texas Parks and Wildlife Department for grant funds to support the development of a community park. The funds are available through the Texas Recreation & Parks Account Program. The public is invited to submit written and/or oral comments regarding the proposed application at or before the public hearing, which will be held on Tuesday, January 28, 2003, at 7:00 p.m. at the Anna City Hall, 101 North Powell Parkway, Anna, Texas 75409. ********************************************************** CITY OF ANNA RESOLUTION AUTHORIZING APPLICATION TEXAS RECREATION & PARKS ACCOUNT PROGRAM (TRPA) A RESOLUTION OF THE CITY OF ANNA, TEXAS HEREINAFTER REFERRED TO AS "APPLICANT", DESIGNATING CERTAIN OFFICIALS AS BEING RESPONSIBLE FOR, ACTING FOR, AND ON BEHALF OF THE "APPLICANT" IN DEALING WITH THE TEXAS PARKS & WILDLIFE DEPARTMENT, HEREINAFTER REFERRED TO AS "DEPARTMENT", FOR THE PURPOSE OF PARTICIPATING IN THE TEXAS RECREATION & PARKS ACCOUNT PROGRAM, HEREINAFTER REFERRED TO AS THE "PROGRAM"; CERTIFYING THAT THE "APPLICANT" IS ELIGIBLE TO RECEIVE PROGRAM ASSISTANCE; CERTIFYING THAT THE "APPLICANT" MATCHING SHARE IS READILY AVAILABLE; AND DEDICATING THE PROPOSED SITE FOR PERMANENT PUBLIC PARK AND RECREATIONAL USES. WHEREAS, the Texas Legislature has approved the "Program" (Section 24 of the Parks & Wildlife Code) for the purpose of allowing the political subdivisions of the State of Texas to participate in the program; and WHEREAS, the "Applicant" is fully eligible to receive assistance under the "Program"; and WHEREAS, the "Applicant" is desirous of authorizing an official to represent and act for the "Applicant" in dealing with the "Department" concerning the "Program"; BE IT RESOLVED BY THE "APPLICANT": SECTION 1: That the "Applicant" hereby certifies that they are eligible to receive assistance under the "Program". SECTION 2: That the "Applicant" hereby certifies that the matching share for this application is readily available at this time. SECTION 3: That the "Applicant" hereby authorizes and directs its Mayor to act for the "Applicant" in dealing with the "Department" for the purpose of the "Program", and the Mayor is hereby officially designated as the representatives in this regard. SECTION 4: The "Applicant" hereby specifically authorizes the official to make application to the "Department" concerning the site to be known as the Anna City Park in the City of Anna for use as a park site. That the Anna Park is hereby dedicated (or will be dedicated upon completion of the proposed acquisition) for public park and recreation purposes in perpetuity. Passed by the following vote of the City Council of the City of Anna ("Applicant") on this 28th day of January, 2003. AYES NAYS ABSTENTIONS APPROVED Ronald R. Ferguson, Mayor ATTEST: City Secretary CODE ENFORCEMENT/BUILDING OFFICIAL Mr. Ricky Gillean has requested to address the Council regarding the issue of code enforcement. We have also had several other code enforcement issues and complaints in the past few months. We have been seeking a code enforcement officer for several months, although not aggressively. We have not been aggressive for two reasons. First, under current state law a code enforcement officer must either be certified in order to actually force action by a property owner or a law enforcement officer of the city must pursue the actual enforcement. A certified code enforcement officer cannot be hired at the pay scale that we had budgeted for this position. (A recent advertisement for a full time position in Cedar Hill cited a starting salary of approximately $30,000. Second, we thought there was a good chance that we might be able to combine the code enforcement/building official positions into a full time position. The Council decided at its meeting of January 14 to postpone any decision on hiring a building official/code enforcement officer for 3-4 months. We need some direction from the Council regarding whether we should aggressively seek a part time code enforcement officer or postpone any further action on this matter for the 3-4 month period. Plat of 57.23 acre Tompkins-Toplitz tract The Council tabled action on this item at the January 14 meeting pending review of the street layout and width situation. Attached is a copy of notes from Mr. Tom Walton, our traffic engineering consultant. I have also spoken by phone with Mr. Walton regarding the pavement width situation. He does not recommend a 37 foot wide street for any of the internal streets within the subdivision. He argues that the 37 foot street will encourage higher speeds and use of the street as a shortcut. Further, he does not believe that a 31 foot street provides any significant advantages or disadvantages. He mentioned to me that the standard residential street in new subdivisions in McKinney is 27 feet width. I told him that the Council had indicated a preference for 31 foot streets except for short streets and cul-de-sac streets. He stated that this issue is a local decision and there is no magic number that can or should be used for the local residential streets. Revise Personnel Policies Currently an employee of the City receives overtime pay if the overtime pay for over 40 hours actual time on job during the work week. Thus, if there is a holiday during the work week, the employee would be paid overtime only if the employee actually worked over 32 hours, unless the employee works on the holiday. Thus, during a holiday week Employee A might work more than 8 hours on two or three of the non-holiday work days and be paid straight time for the hours while Employee B works on the holiday and gets paid overtime for that day. We need to adopt one of the options below to straighten out the situation. OPTION 1 Non-exempt employees shall be paid 1.5 times regular hourly salary for actual hours worked over 24 hours during a work week containing two holidays, 32 hours during a work week containing one holiday, and over 40 hours during a work week containing no holiday. Section 6.04 of the Personnel Policies of the City of Anna, relating to overtime for holiday work, shall be repealed. OPTION 2 Non-exempt employees shall be paid 1.5 times regular hourly salary according to Fair Labor Standards Act regulations. Section 6.04 of the Personnel Policies of the City of Anna, relating to overtime for holiday work, shall be repealed. CITY OF ANNA, TEXAS ORDINANCE NO. 52-2003 AN ORDINANCE OF THE CITY OF ANNA, TEXAS, REVISING ORDINANCE NO. 98-14 BY REVISING THE DEPOSIT FOR FIRE HYDRANT METER; ESTABLISHING A REPEAL CLAUSE; ESTABLISHING A SAVINGS CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE WHEREAS, the deposit required for fire hydrant meters is inadequate to cover potential losses to the City relative to water use and damage to meters and hydrants and loss of meters; now therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT Section 1. Meter Deposit Section 5 shall be added to Ordinance No. 98-14 as follows: A customer desiring to use a fire hydrant meter shall pay a deposit of $1,500 to the City of Anna at the time of application for connection as security for payment of bills for water service and/or damage to and/or loss of City facilities. The deposit shall be retained by the City until the customer is disconnected from the City’s facilities and has returned the fire hydrant meter undamaged. Section 2. Repeal Clause All parts of any ordinance in conflict with the provisions of this ordinance are to the extent of such conflict hereby repealed. Section 3. Savings Clause If any provision of this ordinance shall be held to be invalid or unconstitutional, the remainder of such ordinance shall continue in full force and effect the same as if such invalid or unconstitutional provision had never been a part hereof. Section 4. Effective Date This ordinance shall be effective upon the posting and/or publication of its caption as required by law and the City Secretary is hereby directed to implement such posting and/or publication. PASSED by the City Council of the City of Anna, Texas, by the following vote on this the 28th day of January, 2003. AYE NAY ABSTAIN ATTEST: APPROVED: City Secretary Mayor LAWRENCE EMPLOYMENT AGREEMENT I am currently employed under a professional services contract with the City. In order to qualify for the Texas Municipal Retirement System program adopted at your January 14 meeting, I will have to be a regular employee of the City. The cost of the TMRS program presented to you on January 14 included my participation in the program. There is an additional cost to the City of my becoming a regular employee of the City, that being the Social Security benefit cost. That amount is currently 6.75 percent of my salary, which would be $2,430. I will not be receiving that amount but it is a cost to the City that you should be aware of in considering any change in my status.