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HomeMy WebLinkAbout2010-03-09 Workshop & Regular Meeting PacketCITY OF ANNA AGENDA NOTICE -CITY COUNCIL WORKSHOP March 9, 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., March 9, 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. Presentation and discussion regarding the Mantua project. 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. discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); land acquisition. b. 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): City of Anna v. Walmat Inc., et al.; Cause No. 296-00288-2009, in the 296th District Court of Collin County, Texas.; SHG Land Investments of Anna Five, Ltd. v. Lennar Homes of Texas Land & Construction Ltd., et al.; Cause No. 366-00970-2008, in 300th 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 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 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. 03-09-10 CC Regular Meeting Agenda.doc Posted 03-05-10 prospect described by subdivision (1).{Tex. Gov't Code §551.087); Mantua Development project. 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 March 9, 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., March 5, 2010. 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 oonceming any ofthe items listed on this agenda, whenever it is considered necessaly 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. 03-09-10 CC Regular Meeting Agenda.doc 2 Posted 03-05-10 CITY OF ANNA AGENDA NOTICE -CITY COUNCIL REGULAR MEETING March 9, 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., March 9, 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. 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 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 goveming 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. 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 February 23, 2010. I. The Council 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 any ofthe items listed 00 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. 03-09-10 CC Regular Meeting Agenda.doc 3 Posted 03-05-10 b. Approve City Council/Parks Advisory Board Joint Workshop minutes for January 30,2010. c. Approve City Council/P & Z Commission Joint Workshop minutes for January 30,2010. d. Approve City CounciVAnna EDC and Anna CDC Joint Workshop minutes for January 30,2010. e. Review Planning and Zoning Commission minutes for February 1, 2010. f. Adopt a resolution supporting the FM 455 expansion project. (Philip Sanders) g. Approve "Balderas Addition" Development Plat. (Maurice Schwanke) h. Adopt a resolution supporting the construction of West bound service road in Segment 1 as part of the first phase of the Collin County Outer Loop. (Philip Sanders) 6. Presentation of the 2009 Racial Profiling Report and the Anna Police Department 2009 Annual Report. (Kenny Jenks) 7. Consider/Discuss/Action approving an Ordinance regarding Confined Space Entry regulations. (Clark McCoy) 8. Consider/Discuss/Action approving an Ordinance regarding requests for Judicial Records. (Clark McCoy) 9. Discussion regarding the Police/Customer Service Building and Public Works Building construction projects. (Philip Sanders) 10. Discussion regarding an Update on Google Fiber for Communities Project RFI. 11. 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. discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); land acquisition. b. 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. Govt Code §551.071) including but not limited to City of Anna v. Walmat Inc., et al.; Cause No. 296-00288-2009, in the 296th District Court of Collin County, Texas; SHG Land Investments of Anna 1. The Council may vote andlor 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 Secretary at 972 924­ 3325 two working days prior to the meeting so that appropriate arrangements can be made. 03-09-10 CC Regular Meeting Agenda.doc 4 Posted 03-05-10 Five, Ltd. v. Lennar Homes of Texas Land &Construction Ltd., et al.; Cause No. 366-00970-2008, in 368th 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); Mantua Development project. d. Personnel Matters: City Manager Evaluation. (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. 12. Consider/Discuss/Action on any items listed on posted agenda for March 9,2010 City of Anna Workshop Session or any closed session occurring during this Regular Meeting, as necessary. 13. 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., March 5, 2010. 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 woOOng days prior to the meeting so fuaI appropriate arrangements can be made. 03-09-10 CC Regular Meeting Agenda.doc 5 Posted 03-05-10 Item No=.5 __ City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: March 9, 2010 Staff Contact: Philip Sanders Account Code #:_---::N;...;:.:/""'-A=--_____ Date Prepared: 3/4/10 Budgeted Amount:___--'N::...:,/:..o.A"'--___ Exhibits: 0 Yes DNo AGENDA SUBJECT: Consent Items. These items consist ofnon-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 February 23,2010. b. Approve City CouncillParks Advisory Board Joint Workshop minutes for January 30, 2010. c. Approve City CouncillP & Z Commission Joint Workshop minutes for January 30, 2010. d. Approve City CounciV Anna EDC and Anna CDC Joint Workshop minutes for January 30, 2010. e. Review Planning and Zoning Commission minutes for February 1,2010. f. Adopt a resolution supporting the FM 455 expansion project. (philip Sanders) g. Approve "Balderas Addition" Development Plat. (Maurice Schwanke) SUMMARY: RECOMMENDATION: To approve the consent items. Item No:..2..ill City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: March 9, 2010 Staff Contact: Philip Sanders Account Code #: _________ Budgeted Amount: _________ Exhibits: DYes DNo AGENDA SUBJECT: ConsiderlDiscussi Action on a Resolution supporting the reconstruction ofFM 455 from U.S. 75 to 0.75 miles east ofS.H. 5. SUMMARY: The Texas Department of Transportation (TxDOT) has scheduled a public hearing for the evening of March 30, 2010 to hear public comment on the proposed improvements to FM 455 from U.S. 75 to 0.75 miles east of S.H. 5. The attached Resolution affirms the City Council's support for this project and will provided to TxDOT to be included as part of the official record during the public hearing. The Collin County Commissioner's Court is scheduled to consider a similar Resolution during their March 22 meeting. RECOMMENDATION: Staff recommends approval of this Resolution. ItemNo.~ City Secretary's use only City of Anna Staff Agenda Report Council Meeting: 03/09/10 Staff Contact: Maurice Schwanke Prepared by: T. Ross Account Code #:_---"N....../......A"'--_____ Date Prepared: __-,0=3,",-,/0=5,",-,/1~0=--_ Budgeted Amount:-'"$~N=/.:...;A'_______ Exhibits: .Yes 0 No AGENDA SUBJECT: Approve "Balderas Addition" Development Plat. SUMMARY: This development plat is located within the extraterritorial jurisdiction of the City. A development plat was previously submitted and approved in April of 2009 for a manufactured home structure. Additional proposed improvement have been added to this tract includes a swimming pool, storm shelter/playhouse, future shed and bam, carport and porch. The property is located at 9461 Twin Creeks Circle. The Twin Creeks Circle area is not part of a plat that has been reviewed by either Collin County or the City. The drawing commonly associated with the area is a drawing compiled by the Central Appraisal District of Collin County. The tracts that take up this area were individually filed with the County and were recorded on a metes and bounds description basis. The plat meets the City of Anna development plat requirements. PLANNING AND ZONING ACTION: The Planning and Zoning Commission recommend approval ofthe development plat at their meeting March 1, 2010. The vote was unanimous. RECOMMENDED ACTION: The "Vargas Addition" development plat" is being recommended for approval. ItemNo.~ City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: March 9,2010 Staff Contact: Philip Sanders Account Code #:_________ Budgeted Exhibits: 0 Yes DNo AGENDA SUBJECT: ConsiderlDiscussl Action on a Resolution supporting the reconstruction of the west bound service road in Segment 1 as part of the first phase of the Collin County Outer Loop. SUMMARY: The North Central Texas Council of Governments' (NCTCOG) Regional Mobility Plan 2030 calls for the construction of a loop arterial highway around the Dallas/Fort Worth region, and the portion of the regional loop passing through Collin County is commonly referred to as the Collin County Outer Loop (Outer Loop). The County's Transportation Plan designates the portion of the Outer Loop from S.H 121 to U.S. 75 as Segment 1. As part of the 2007 County bond program, the voters in Collin County approved funding to engineer and construct a two-lane service road within Segment 1 of the Outer Loop. The Regional Transportation Council (RTC) has also allocated Regional Toll revenue funds to pay for the construction of a two-lane service road within Segment 1. It is the County's intent to operate the main lanes of the Outer Loop as a toll road. On March 22, the County Commissioners Court will discuss and possibly vote on a path forward regarding the construction of the Outer Loop. One possibility that has been discussed is a public/private partnership that would involve the construction of the main toll lanes. Ifthat were to occur, questions have been raised about the need to construct the service roads for fear that service roads would reduce the amount of toll revenue generated by traffic in the main lanes. The construction of the Segment 1 of the Outer Loop without service roads will significantly reduce the economic and mobility benefits that have been anticipated by the City. S.H 121 operated by NTTA is an example of a toll road that operates very effectively where the service roads were constructed first. The attached resolution affmns that City's support for the construction of the west bound service road in Segment 1 as part of the first phase of the Collin County Outer Loop. RECOMMENDATION: Staff recommends approval of this Resolution. Item No. City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: March 9. 2010 Staff Contact: Chief Jenks Account Code #: ____________ Budgeted Amount: ___________ Exhibits: 0" Yes DNo AGENDA SlJBJECT: Discussion regarding Police Department's 2009 Annual Report and 2009 Racial Profiling report. SUMMARY: Each year, the Police Department produces two reports that are based on the previous year's statistics. The Annual Report reflects the activity traditionally considered to be of interest in which the Police Department has engaged. The "Racial Profiling" report is based on traffic stops that resulted in a citation, arrest, or both. STAFF RECOMMENDATION: No action is required on this item. ltemNo.~ City Secretary's use only City of Anna Staff Agenda Report Council Meeting: 03/09/2010 Staff Contact: Clark McCoy Prepared by: Clark McCoy Account Code #:_---::N"""I..;;..A=--_____ Date Prepared:__...:;3.:...:::/5.:...:::/2=0.:..;1O~_ Budgeted Amount:..".S:...-....::N...;:.:.I=A=--_____ DNo AGENDA SUBJECT: ConsiderlDiscuss/Action approving an Ordinance regarding Confined Space Entry regulations. SUMMARY: Workers entering and performing tasks in certain confined spaces are known to be at risk for injury or death. A description of one death earlier this year where safety requirements were ignored comes from the City Attorney of another DFW Metroplex city: We had a private contractor die yesterday when standard protocols were not followed. There is already talk about changing our contracts to make safety more of a priority. The facts of this death are that the man went into an abandoned manhole to check something, came back up complaining ofthe smell, but went back down without taking any precautions. A city employee from our engineering dept just happened to be there checking on the quality of the work (the contractor is moving sewer lines as TXDOT tears up our highway) and told the man not to go down there. Our employee had no supervisory capacity, so he was ignored. The man was overcome by fumes almost instantly and died. Public Works Director James Parkman recently attended a training conference hosted by the Texas Chapter of the American Public Worics Association, at which representatives of local governmental entities were warned of potential consequences for the failure of such entities to establish and implement safety policies related to entry into and work performed within a confined space, otherwise known as Confined Space Entry (CSE). In the private sector, safety programs that govern CSE must comply with federal regulations established by the Occupational Safety and Health Administration (OSHA) that specifically govern CSE safety. The U.S. Labor Department, which oversees OSHA, has strongly encouraged state governments to adopt OSHA regulations, which govern CSE as a small part of a much more comprehensive regulatory scheme intended to promote workplace safety and protect employees from injury and death. Texas is one of the states that has not given in to federal pressure to adopt OSHA regulations for state and local­ government employers. As a result, OSHA regulations generally apply only to private-sector employers in Texas and not to public employers such as city governments (some exceptions apply-for example, ItemNo._7_ City Secretary's use only with regard to CSE safety programs for city-owned wastewater facilities-as discussed below in more detail). In states like Texas that have not adopted OSHA regulations, agents ofthe Labor Department responsible for OSHA enforcement do not have jurisdiction to fine local governments for the failure to comply with OSHA. During the recent APWA conference, however, it was made clear that federal agents are taking an alternate approach to encourage public employers in all states to abide by OSHA regulations. A Labor Department spokesperson said that a significant number of new agents are being assigned to Texas to inspect public-improvement projects and other governmental working conditions and report instances of OSHA-noncompliance to the insurance companies of public employers that do not follow OSHA standards. The threatened consequence is higher insurance premiums or potentially cancellation of coverage. Currently, the City does not have an OSHA-compliant CSE safety program. Up until now, the City has largely contracted for the type of construction, repair, and other work that would require CSE and because the City's employees are not assigned to CSE tasks, the need for a safety program has not been apparent. A presenter at the APWA conference was questioned as to whether a city would have any need for a CSE program if its projects are performed by independent contractors and not city employees. The response was that the City should have an OSHA-compliant CSE program regardless, and should also force independent contractors to abide by one. Currently, in the City's template contracts for public works projects there is a clause requiring contractors to have and comply with a CSE program. However, there are times when the City contracts with contractors by purchase or task order (repair jobs, for example), rather than by written It was with this background that Mr. Parkman asked for the City Attorney's review of current City policy and recommendations. After discussion with City staff and performing the necessary investigation and legal research, the ordinance that is the subject of this report was drafted to address the concerns above. If adopted, the ordinance would require all contractors that may encounter CSE situations to sign a "Statement of Confirmation" that they have an OSHA-compliant policy in place and that it will be strictly followed. Further, the statement contains a waiver of liability and an indemnification provision in the City's favor to protect the City in the event of an accident or injury. In addition, this ordinance amends the City's personnel regulations to require the Public Works Director to establish and enforce a CSE program applicable to work done by a City employee. While OSHA generally does not apply to Texas cities, there is an exception under the Texas Administrative Code requiring cities to adopt and abide by an OSHA-compliant CSE program when the confined space to be entered is part of a wastewater system (manhole, lift station, treatment facilities, etc.). The consensus of staff is to recommend to the City Council that any CSE program adopted by the City apply to all CSE situations, not just wastewater facilities, as a prevention measure to protect the safety of City employees. Under the City's CSE program, there will be requirements for staff training and a mandatory system that allows for CSE by City employees only under strictly supervised conditions with the use of approved safety equipment. RECOMMENDED ACTION: Adopt proposed ordinance. ItemNo._8_ City Secretary's use only City of Anna Staff Agenda Report Council Meeting: 03/09/2010 Staff Contact: Clark McCoy Prepared by: Clark McCoy Account Code #:_----oN...,.,I..:...;A=--_____ Date Prepared:, __-,3=/...:,:4/=2=0=1O::...-_ Budgeted Amount:"""'$'-----"'N...l.:./=A=--_____ Exhibits: .Yes DNo AGENDA SUBJECT: ConsiderlDiscussi Action approving an Ordinance regarding requests for Judicial Records. SUMMARY: In the past, the City has been receiving requests for information related to municipal court records that purport to be request for public information under the Public Information Act. Texas Government Code, Chapter 552 and Texas Administrative Code, Title I, §70.11 provides a municipality with the ability to construct reasonable procedures for receiving and handling Public Information Requests. The Public Information Act states that information maintained by a governmental body must be released upon a public information request; however, the definition of a governmental body under Texas Government Code 552.003(1 )(B) "does not include the judiciary," and thus judicial records held and maintained by the City's Municipal Court are not subject to disclosure. The Texas Attorney General decision 0R2007-16636 stating, "the Open Records Division does not have the authority to rule on records maintained by the judiciary." The proposed ordinance defines a judicial record and also notifies the public that judicial records are not covered under the Public Information Act, and that such requests should be made directly to the municipal court. RECOMMENDED ACTION: Adopt proposed ordinance. Item No=.9__ City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: March 9, 2010 Staff Contact: Philip Sanders Account Code #:_--""N-"-/.....A_________ Date Prepared: 3/4110 Budgeted Amount: ___--"'N-"-/.....A______ Exhibits: DYes DNo AGENDA SUBJECT: Discussion regarding the Police/Customer Service Building and Public Works Building construction projects. (Philip Sanders) SUMMARY: RECOMMENDATION: ItemNo.~ City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: March 9,2010 Staff Contact: Philip Sanders Account Code #:_________ Budgeted Amount: ________ Exhibits: DYes DNo AGENDA SUBJECT: Update on the Google Fiber for Communities Project RFI. SUMMARY: During the February 23 Meeting, the City Council instructed staff to move forward and prepare a response to the Google Fiber for Communities Project RFI including the hiring a consultant who would be responsible for coordinating all our efforts in gathering of the required information and developing a persuasive and legitimate response to the RFI. We have engaged the services of Justin Burns and his company 360 Web Expeditions out of Allen to provide those services. The Anna Economic Development Corporation has agreed to pay the consulting fees of$3,432.