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HomeMy WebLinkAbout2010-09-28 Workshop & Regular Meeting PacketCITY 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 2. Roll Call and Establishment of Quorum. 3. Discussion regarding proposed Financial Policies. (Philip Sanders) 4. Discussion regarding Energy Efficiency Grant Application. (Philip Sanders) 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); 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 I. 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 necessmy 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 worlcing days prior to the meeting so that appropriate arrangements can be made. 09-2&-10 CC Regular Meeting Agenda.doc 1 Posted 09-24-10 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. 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. i 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., September 24,2010. 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 ofthe iterns 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. 09-28-10 CC Regular Meeting Agenda.doc 2 Posted 09-24-10 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. 2. Invocation and Pledge of Allegiance. 3. Citizen comments. Citizens are allowed 3 minutes to speak. The CouncJ1 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. 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 Secretary at 972 924­ 3325 two working days prior to the meeting so that appropriate arrangements can be made. 09-26-10 CC Regular Meeting Agenda.doc 3 Posted 09-24-10 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 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. 6. Presentation of Certificates of Appreciation to City of Anna Park Board Members. 7. Proclamation for 27 th Annual National Night Out 2010. 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) 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) 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) 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) 11. Consider/Discuss/Action regarding approving a Resolution supporting a Collin County Redistricting Resolution. (Philip Sanders) 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) 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 shonid contact the City Secretary at 972 924­ 3325 two worlcing days prior to the meeting so that appropriate arrangements can be made. 09-28-10 CC Regular Meeting Agenda.doc 4 Posted 09-24-10 13. Consider/Discuss/Action regarding a Resolution approving an Interlocal Agreement with Collin County regarding FM 455 funding for Utility Relocation. (Philip Sanders) 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) 15. Consider/Discuss/Action regarding a Resolution approving a Tower Site License Agreement with TierOne Converged Networks, Inc. (Philip Sanders) 16. Consider/Discuss/Action regarding Voting for Candidates for the Texas Municipal League Intergovernmental Risk Pool Board of Trustees. (Philip Sanders) 17. Consider/Discuss/Action regarding an Ordinance adopting a Financial Policy. (Philip Sanders) 18. Consider/Discuss/Action regarding an Ordinance amending the Personnel Policy regarding holidays for the City of Anna Fire Fighters. 19. Consider/Discuss/Action regarding a Resolution approving an Economic Development Agreement with Bloomfield Properties Inc. (Philip Sanders) 20. Discussion regarding future annexations. (Philip Sanders) 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 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. 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 Secretary at 972 924­ 3325 two working days prior to the meeting so that appropriate arrangements can be made. 09-28-10 CC Regular Meeting Agenda.doc 5 Posted 09-24-10 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. 23. 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., September 24,2010. 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 any ofthe items listed on this agenda, whenever it is considered necessary and legally justified Wlder 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. 09-28-10 CC Regular Meeting Agenda.doc 6 Posted 09-24-10 Item No. S-(o.-c.) City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: September 28.2010 Staff Contact: Philip Sanders Account Code Date Prepared: 9/22/10 Budgeted Amount:___--:.N=IA:o...:--___ Exhibits: 0 Yes ONo 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 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. SUMMARY: RECOMMENDATION: Staff recommends a motion to approve the consent items. ItemNo.~ City Secretary's use only CITY OF ANNA, TEXAS City of Anna City Council Agenda Staff Report Council Meeting: September 28, 2010 Staff Contact: Chief Jenks Account Code #:___________ Budgeted Amount: ___________ Exhibits: DYes ~No AGENDA SUBJECT: Proclamation for 27th Annual National Night Out, 2010 SUMMARY: The 2010 National Night out in Texas is scheduled for Tuesday, October 5. The City of Anna Police Department will be hosting a community event beginning at 6pm at the Slayter Creek pavilion. Please join us there! STAFF RECOMMENDATION: N/A Item No. 8 ( 0...b) City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: September 28, 2010 Staff Contact: Philip Sanders Account Code #:-----------­Budgeted Amount:. _________ Exhibits: 0 Yes DNo AGENDA SUBJECT: Hold a public hearing and take appropriate 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 .. SUMMARY: In June of 2006 the City Council approved a temporary restriction of bicycles on FM 455. Article 29, Section 5 of the Anna City Code provides that a person may submit a petition to the City Council requesting amendment or repeal of any part of the restriction. On September 12, Staff received a petition from Craig Newman of Richardson, Texas requesting that the temporary restriction be amended or repealed. The Council is required to hold a public hearing and act on the petition within 45 days of receipt of the petition. RECOMMENDATION: Staff believes, and the petitioner's letter confirms, that the temporary restrictions are still necessary to protect the public health and safety. We recommend that the City Council deny the petition to amend or repeal the temporary restrictions. ItemNo.~ City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: September 28,2010 Staff Contact: Philip Sanders Account Code #:_________ Budgeted Amount ____---__ Exhibits: 0 Yes DNo AGENDA SUBJECT: Resolutions in support of the submission of an application to the Community Development Block Grant (CDBG) Program SUMMARY: The City intends to submit an application for Community Development Block Grant funds in the amount of $275,000 from the Texas Department of Rural Affairs to complete sewer improvements in targeted areas of the City. The application requires that two resolutions to be passed by the council. The first formally approves the submission of the application and authorizing a city representative to act in all matters pertaining to the application. The second resolution specifically authorizes the commitment of a local match amount of $101,853 as a financial contribution toward the project. This match is to be composed of general and/or water and sewer revenue funds. This application is for funds that will be made available during the 2011 or 2012 funding cycles. Projects funded are two year projects. The passage of these resolutions completes the actions required by the council for the successful submission of the TxCDBG application. The application will be submitted to TDRA on October 8, 2010. RECOMMENDATION: Staff recommends approval of the attached Resolutions. Item No. I() City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: September 28, 201 0 Staff Contact: Philip Sanders Account Code #:_--=N...!!/~A~_____ Date Prepared: 9/22/10 Budgeted Amount:___-'N"-'-'-"-IA-=--___ Exhibits: DYes DNo AGENDA SUBJECT: ConsiderlDiscusslAction 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) SUMMARY: RECOMMENDATION: Staff recommends approval of the attached resolutions. ItemNo . .JL City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: September 28, 2010 Staff Contact: Philip Sanders Account Code #:_________ Budgeted Amount: _________ Exhibits: 0 Yes ONo AGENDA SUBJECT: A Resolution of regarding the redistricting of congressional, legislative, and state board of education districts. SUMMARY: The Texas House Committee on Redistricting is conducting a public hearing on September 22, 2010 at the University of Texas at Dallas to obtain public input on all issues relating to the redistricting of Congressional, Legislative, and State Board of Education districts following the release of the Federal census in 2011. They will also be gathering information regarding the existence and location of communities of interest to be considered in the creation of Congressional, Legislative, and State Board of Education districts. Commissioner Jaynes has asked the City Council to provide the attached resolution to the House Committee on Redistricting. The resolution requests that Committee include all of Collin County inside congruent Congressional, Legislative, and State Board of Education districts that fairly represent all of Collin County. Item No. .ll.­ City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: September 28, 2010 Staff Contact: Philip Sanders Account Code #: __________ Budgeted Amount: _____---­Exhibits: 0 Yes ONo AGENDA SUBJECT: An Ordinance of the approving a negotiated resolution between the Atmos Cities Steering Committee ("ACSC" or "Steering Committee") and Atmos Energy Corp., Mid-Tex Division ("Atmos Mid-Tex" or "Company") regarding the company's third rate review mechanism ("RRM") filing in all cities exercising original jurisdiction. SUMMARY: The City of Anna, along with approximately 148 other cities served by Atmos Energy Mid-Tex Division ("Atmos Mid-Tex" or "Company"), is a member of the Atmos Cities Steering Committee ("ACSC" or "Steering Committee"). On or about March 15, 2010, Atmos Mid-Tex filed with the City an application to increase natural gas rates pursuant to the Rate Review Mechanism ("RRM") tariff approved by the City as part of the settlement of the Atmos Mid-Tex 2007 Statement of Intent to increase rates. This is the third RRM filing under a three year experimental program. The Atmos Mid-Tex RRM filing sought a $70.2 million rate increase. The City worked with ACSC to analyze the schedules and evidence offered by Atmos Mid-Tex to support its request to increase rates. The Ordinance and attached rate and RRM tariffs are the result of negotiations between ACSC and the Company to resolve issues raised by ACSC during the review and evaluation of ACSC's RRM filing. The Ordinance resolves the Company's RRM filing by authorizing an increase in the Company's base rate of $27 million effective for bills rendered on or after October 1, 2010. Additionally, the Ordinance authorizes supplemental revenue of$3.4 million to be recovered through the customer charge component of rates to cover direct costs associated with a steel service line replacement program. The monthly bill impact for the average residential customer will be a $1.40 increase (about a 3.15% increase in the total bill). The ACSC Executive Committee and ACSC legal counsel recommend that all ACSC Cities adopt the Ordinance implementing the rate change. RRM Baekground: The RRM tariff was approved by ACSC Cities as part of the settlement agreement to resolve the Atmos Mid-Tex 2007 system-wide rate filing at the Railroad Commission. Atmos Mid-Tex's current action represents the third filing pursuant to the three-year trial project known as the RRM process. The RRM process was created collaboratively by ACSC and Atmos Mid­ Tex as an alternative to the legislatively authorized GRIP surcharge process. ACSC opposed GRIP because it constituted piecemeal ratemaking, did not allow any reasonableness review, and Item No . .1.2­ City Secretary's use only did not allow participation by cities or recovery of cities' rate case expenses. The RRM process has allowed for a more comprehensive rate review and annual adjustment as a substitute for GRIP filings during the three-year trial period specified by the tariff. There are two components to the current RRM adjustment. The prospective component adjusts rates for known and measurable changes in operations and maintenance ("O&M") expense and net plant investment. Atmos Mid-Tex and ACSC agreed to cap changes to expenses and invested capital at no more than five percent per year. The true-up component evaluates whether the Company has over or under recovered its earnings for the previous year. For purposes of the RRM true-up component, the Atmos Mid-Tex rate of return on equity and its capital structure are frozen to avoid the parent company from manipulating the overall rate of return. Costs expressly prohibited from recovery through the RRM include first-class air fare, travel, meals or entertainment for an employee's spouse, alcohol, sports events, entertainment, arts and cultural events, sponsorship of sports, arts or cultural events, and social club membership dues. Purpose of the Ordinan-=e: Rates cannot change and the Settlement Agreement with Atmos Mid-Tex cannot be implemented without passage of rate ordinances by cities. No related matter is pending at the Railroad Commission. The purpose of the Ordinance is to approve rate tariffs ("Attachment A") and Proof of Revenues ("Attachment B") that reflect the negotiated rate change pursuant to the RRM process and to ratify a Settlement Agreement recommended by the ACSC Settlement Committee and Executive Committee. As a result of the negotiations, ACSC was able to reduce the Company's requested $70.2 million RRM increase to $27 million. Approval of the Ordinance will result in the implementation of new rates that increase Atmos Mid-Tex' s revenues effective October 1, 20 I O. The Settlement Agreement ("Attachment C") to be ratified by the Ordinance authorizes an extension of the RRM process, in modified form to eliminate the true-up component, for an additional two annual filings. The Settlement Agreement also addresses the Atmos Mid-T ex steel service line replacement program and authorizes current cost recovery via an adder to residential and commercial customer charges. Reasons Justifying; Approval of the Neg;otiated Resolution: During the time that the City has retained original jurisdiction in this case, consultants working on behalf of ACSC cities have investigated the support for the Company's requested rate increase. While the evidence does not support the $70.2 million increase requested by the Company, ACSC consultants agree that the Company can justify an increase in revenues of $21 million. The agreement on $27 million is a compromise between the positions ofthe parties. The Settlement Agreement includes an allowance for recovery of direct costs, excluding overheads, of the steel service line replacement program. Current year recovery factors shall be $00.15 for residential customers and $00.41 for commercial customers per month. The rates will be adjusted annually, but shall be capped at $00.44 cents for residential customers and $1.22 for commercial customers. Item No. 1..2­ City Secretary's use only The alternative to a settlement of the RRM filing would be a contested case proceeding before the Railroad Commission on the Company's current application, would take several months and cost ratepayers millions of dollars in rate case expenses, and would not likely produce a result more favorable than that to be produced by the settlement. The ACSC Executive Committee recommends that ACSC members take action to approve the Ordinance authorizing new rate tariffs. Steel Service Line Replacement: Under pressure from the Railroad Commission to establish a comprehensive program to replace service lines that contain steel which is subject to corrosion and leaks, ACSC has worked with Atmos Mid-Tex to establish a risk based approach to steel service line replacement that accomplishes the following goals: 1. Replace all service lines throughout the Mid-Tex Region with the highest degree of risk within two years; 2. Coordination between ACSC city members and Atmos Mid-Tex to minimize disruption of rights of way without compromising safety; 3. To minimize and spread the rate impact on customers of the replacement program, the service lines with little relative risk of leaks should be replaced over a 10-year period; and 4. Current recovery of incremental (above and beyond normal maintenance and repair addressed in RRM proceedings) direct (excluding Atmos Mid-Tex overheads) cost of service line replacement should be permitted as an adder to customer charges. Fulfillment of these goals in this case will lead to $00.15 and $00.41 added to residential and commercial customer charges, respectively. The customer charge assessment may not exceed $00.44 and $1.22 for residential and commercial customers, respectively, prior to the entry of a Final Order in the next system-wide Statement of Intent rate proceeding. Pursuant to the Settlement Agreement, 100,000 steel service lines will be replaced prior to September 30,2012. Explanation of "Be It Ordained" Paragraphs: 1. This paragraph approves all findings in the Ordinance. 2. This section adopts the attached tariffs ("Attachment A") and the Company's Proof of Revenues ("Attachment B") in all respects and finds the rates set pursuant to the attached tariffs to be just, reasonable and in the public interest. Note that only new tariffs or existing tariffs being revised are attached to the Ordinance. Existing tariffs not being changed in any way are not attached to the Ordinance. 3. This section requires the Company to reimburse ACSC for reasonable rate making costs associated with reviewing and processing the RRM application. ItemNo.J.L City Secretary's use only 4. This section ratifies the Settlement Agreement ("Attachment C") between ACSC and Atmos Mid-Tex. 5. This section repeals any resolution or ordinance that is inconsistent with this Ordinance. 6. This section finds that the meeting was conducted in compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. 7. This section is a savings clause, which provides that if any section( s) is later found to be unconstitutional or invalid, that fmding shall not affect, impair or invalidate the remaining provisions of this Ordinance. This section further directs that the remaining provisions of the Ordinance are to be interpreted as if the offending section or clause never existed. 8. This section is a "Most Favored Nations" clause, which protects the City by mandating that if the City determines any rates, revenues, terms and conditions, or benefits resulting from a Final Order or subsequent negotiated settlement approved in any proceeding addressing the issues raised in the Company's RRM filing would be more beneficial to the City than the terms of the attached tariffs, then the more favorable rates, revenues, terms and conditions, or benefits shall additionally accrue to the City. 9. This section provides for an effective date upon passage. 10. This paragraph directs that a copy of the signed Ordinance be sent to a representative of the Company and legal counsel for ACSC. RECOMMENDATION: Staff recommends approval of the attached Ordinance. Item No.l.3.­ City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: September 28, 2010 Staff Contact: Philip Sanders Account Code #:__________ Budgeted Amount: _________ Exhibits: D Yes DNo AGENDA SUBJECT: ConsiderlDiscussl Action regarding a Resolution approving an Interlocal Agreement with Collin County regarding FM 455 funding for Utility Relocation. SUMMARY: Prior to the expansion of FM 455, the City will need to relocate any water and sewer lines that will interfere with the construction project. The project engineer estimates that the total cost of utility relocation will be about $1.7 million. The engineer selected for this project has submitted a proposal for $134,858.50 to provide the construction plans necessary for the relocation project. Commissioner Jaynes and County Engineer Ruben Delgado have indicated that the County would be willing to share the cost of the engineering services with the City. Under the attached Inter-local Agreement, the County would agree to reimburse the City $117,358.50 ofthe total contract price. The City would need to cover the remaining $17,500. After the County approves the attached ILA, we will bring the engineering services contract to the City Council for approval. The actual utility relocation project will not start until TxDOT has acquired all of the right-of-way necessary for this project. We understand that right-of-way acquisition will take 12 to 18 months. RECOMMENDATION: Staff recommends approval of the attached Resolution. Item No . .l!::L City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: September 28, 2010 Staff Contact: Philip Sanders Account Code #:__________ Budgeted Amount: _____---­Exhibits: 0 Yes DNo AGENDA SUBJECT: ConsiderlDiscussi Action adopting a Resolution approving an Agreement with Dannenbaum Engineering for engineering services for the relocation of utilities along FM 455. SUMMARY: Prior to the expansion of FM 455, the City will need to relocate any water and sewer lines that will interfere with the construction project. The project engineer estimates that the total cost of utility relocation will be about $1.7 million. The City and Collin County have agreed to share the cost of preparing construction plans necessary for this relocation project, and have select~ based on their demonstrated qualifications, Dannenbaum Engineering for this project. Dannenbaum is also the project engineer previously selected by the county to design the roadway expansion project. The City and the County have determined that using the same design engineering will provide greater continuity to the project and reduce the likelihood of design errors. Dannenbaum has submitted a proposal of$134,858.50 to provide the construction plans necessary for the relocation project. The proposal has been reviewed and approved by the County Engineer. RECOMMENDATION: Staffrecommends approval of the attached Resolution approving the engineering agreement. The Resolution stipulates that the City will not execute the Agreement until Collin County has approved the inter-local agreement regarding cost sharing. Item No. IS" City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: September 28, 2010 Staff Contact: Philip Sanders Account Code #:_________ Budgeted Amount: ____----­Exhibits: 0 Yes ONo AGENDA SUBJECT: ConsiderlDiscuss/Action regarding a Resolution approving a Tower Site License Agreement with TierOne Converged Networks, Inc. SUMMARY: TierOne Converged Networks, Inc. provides wireless broadband service to clients throughout the north Texas region. The company has requested that the City approve a license agreement that would allow them to mount antenna equipment on the water tower located at III County Road 370 E. The attached license agreement would allow TierOne to use the tower for a five-year term. The City would receive a licensing fee of $700 per month (Plus 2% annual increase) during the term of the agreement. In addition, the City will receive at no cost wireless internet services to all City buildings, facilities, and parks at the widest bandwidth and at the highest speed that TierOne makes available to its commerciallbusiness customers, along with the highest capacity and highest performing hardware/equipment (including but not limited to dishes/receivers, signal relaylboost equipment, modems, etc. RECOMMENDATION: Staff recommends approval of the attached Resolution approving the Agreement. ItemNo.~ City SecretaJy's use only Y{OUll,} HOMETOWN City of Anna City Council Agenda Staff Report Council Meeting: September 28, 2010 Staff Contact: Philip Sanders Account Code #:__________ Budgeted Amount: _________ Exhibits: D Yes DNo AGENDA SUBJECT: ConsiderlDiscussl Action regarding Voting for Candidates for the Texas Municipal League Intergovernmental Risk Pool Board of Trustees. SUMMARY: The City of Anna currently purchases workers' compensation, property, and liability insurance through the Texas Municipal League Intergovernmental Risk Pool. The Risk Pool is governed by a 15 member Board of Trustees elected by the participating members. The City Council is being asked cast votes to fill places 6, 7, 8, and 9 on the Board. A copy of the ballot that includes a brief biography on each of the candidates is included in the packet. The Council may cast one vote for each open seat. ItemNo.~ City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: September 28, 2010 Staff Contact: Philip Sanders Account Code #: _________ Budgeted Amount: _____-___ Exhibits: 0 Yes DNo AGENDA SUBJECT: ConsiderlDiscussl Action regarding an Ordinance establishing a Financial Policy for the City of Anna. SUMMARY: Staff is recommending that the City Council approved an Ordinance adopting the attached Financial Policy for the City of Anna. The document establishes policies and procedures related to the budget, deposit and investment of city funds, purchasing and purchasing cards, and a code of ethics. Adoption of an investment policy is required by State law. RECOMMENDATION: Staff recommends approval of the attached Ordinance and Financial Policy. ItemNo.1L City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: September 28, 20 I 0 Staff Contact: Philip Sanders Account Code #:_________ Budgeted Amount: ____~----Exhibits: D Yes DNo AGENDA SUBJECT: ConsiderlDiscussl Action regarding an Ordinance amending the Personnel Policy regarding paid holidays for the City of Anna Fire Fighters. SUMMARY: Under our current Personnel Policy, all city employees are granted a holiday on all Federal holidays plus the day after Thanksgiving and Christmas Eve. Last year Governor Perry signed into law a bill that requires the City to grant a September 11 holiday to fIre fIghters. In order to comply with the law and maintain the same number of holidays for fIre fIghters, staff is recommending that the Personnel Policy be amended to add September 11 and remove Columbus Day (2 nd Monday in October) as holidays for fIre fIghters. RECOMMENDATION: Staff recommends approval of the attached Ordinance. Item No. J.!L City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: September 28,2010 Staff Contact: Philip Sanders Account Code #:__________ Budgeted Amount: _________ Exhibits: 0 Yes DNo AGENDA SUBJECT: ConsiderlDiscuss/Action regarding a Resolution approving an Economic Development Agreement with Bloomfield Properties, Inc. SUMMARY: Bloomfield Homes is a regional volume home builder and has recently purchased the remaining land in the West Crossing subdivision. Bloomfield Properties Inc. is a company that will be the retail supplier of all building materials purchased by Bloomfield Homes in the construction of all of their single family home construction projects in the DFW area. Bloomfield Properties is proposing to establish a place of business in Anna for sales and use tax situs purposes as defmed in Texas Tax Code. This would allow the City of Anna to collect sales tax on all retail transactions between Bloomfield Homes and Bloomfield Properties, Inc. As an incentive for establishing a place of business in Anna for sales and use tax situs purposes, Bloomfield Properties, Inc. is requesting that the City provide them an economic development grant equal to Y:z of the amount of sales tax the City receives from the sale of construction materials to Bloomfield Homes. The City currently collects $0.02 on every dollar in sales. $0.01 (one-half) of that sales tax is retained in the City's general fund. The City's two economic development corporations (EDC and CDC) split the other $0.01 each receiving $0.005 on every dollar of sales. Under the terms of the proposed Economic Development Agreement, the City's general fund would remit to Bloomfield Properties on a monthly basis an amount equal to the sales tax it collects from building materials sales between Bloomfield Homes and Bloomfield Properties. The EDC and the CDC would retain the $0.005 is sales tax from these same sales. In the absence of this agreement, Bloomfield Homes would likely purchase building materials from a company located in another city since the City of Anna currently does not have a retail building materials supplier. The place of business Bloomfield Properties will use for sales and use tax situs will be a model home which will also be the field and sales office from Bloomfield Homes. The project location must comply with city's zoning and development regulations. The term ofthe Agreement is for ten years with each party having the option to cancel it an anytime with 90 days notice. RECOMMENDATION: Staff recommends approval of the attached Resolution.