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HomeMy WebLinkAbout2012-07-10 Workshop & Regular Meeting PacketY{OUR} HOMETOWN CITY COUNCIL MEETING SIGN IN SHEET Please sign -in as a record of attendance. All persons desiring to address the council are requested to sign below and fill out an Opinion/Speaker Registration Form. Please hand the Opinion/Speaker Registration Form to the City Secretary prior to the start of the City Council Meeting. NAME ADDRESS - "� � - . � � ., , '• -- .: is -- 3` - - - :t, � � _s > @IGC�me tothe city Gouncr# meetipq . our present and P��Ici����� ��� appreciated. -41fru may make your opinion known on an issue an on regieter to - speak to tyre Mayor and Gib €�unci . Ptease � this form #� �� fi e statableto be forwarded td the Mayor. Please step to the padfum as snort as you are At recognized by the Mayor and state your name and address before beginning your presentateon: Jf you have written notes or ether nt:aterlal you wisft ta present to the ayrrand GouncffF p#ease furnish an extra c9py for the official ftes_ a eW ¢kddrVZ�s. City f State I Zip: r, Regard€n agenda ttet tv, ____�¢uncl lVleetina--` A Subject: For Against f � # #s� to adc#r��s tF�e l�rtar and �t �ounu##. # do not wish to address the Mayor and City Council, but do- wish €o register ITT opinfan. M 0 April 17, 2012 Mr. Philip Sanders, Ciiy Manager City of Anna P.O. Box 776 Anna, TX 75409 Dear Philip: Sl 00 AIRPORT ly IVE DENISON, TEXAS 7502()-8448 903/7864433 FAX: 903/786=8211 www.gtua.org to 1979 the Authority was created by a special act of the Texas Legislature to serve focal governments in matters relating to water, wastewater and solid waste. Initially, the Authority began these activities in Grayson County, Today it has projects in Collin, Cooke, Denton, Fannin, Grayson and Wise Counties. The Authority has no taxing power and operates through contracts for services with its constituents. Each project is operated as a separate activity with expenses directed to that project. There is a General Fund, which contains expenses that apply to the overall administration of all the Authority's activities. in the past, General Fund expenses have been paid from two sources, interest income and contracts for specific services such as water/wastewater operation services, inspection services, and administrative services. Currently, about half of the General Fund budget is supported by Contracts for Water Supply and Sewer Services (see Attachment 1j. The Authority currently provides administrative support to both the North Texas Groundwater Conservation District and the Red River Groundwater Conservation District. The General Fund budget has been stable for the past three years except for the additional costs needed for the Groundwater Conservation Districts. All of those costs are being paid by the Groundwater Conservation Districts. The other source of income for the General Fund is interest income. The Authority manages an investment portfolio fihat is currently approximately $31MM. !n the past, interest earnings from the investment portfolio have been sufficient to support the General Fund requirements. The General Fund expenses are allocated based on a percentage of the total outstanding debt administered by the Authority. The current outstanding debt is approximately $117.880MM. The Authority must manage the investment portfolio in a manner consistent with the requirements of the Public Funds Investment Act. These requirements apply to most public entities in Texas. This Act insures that investments are made in safe and prudent instruments. Everyone who has made an investment personalty or professionally during the past two to three years will recognize that returns on those investments have been declining dramatically. The investment return on the portfolio managed by the Authority has experienced these same declines in revenue. The investment income has declined to a paint that it is no longer sufficient to meet the needs of the General Fund. Interest rates have dropped from an average of 2% to almost zero. Mr. Philip Sanders April 17, 2012 Page 2 The result is a shortfall in interest income of about $423,593.00 in the Authority's General Fund, which must be shared proportionately by the entities served. For your entity, this will be $57,256.00 (see Attachment 2). These facts have been reviewed by the staff and Budget Committee of the Board of Directors of the Authority. The Budget Committee has advised the staff that the only option available to correct the situation is to begin the implementation of the Administrative Payment provided for in Article III, Section 3.01(c) of the Contract for Water Supply and Sewer Service between the Authority and each entity served (see Attachment 3). In fihe past 32 years the Authority has never had to rely on the Administrative Payment provision. However, the current policies of the Federal Reserve Bank have placed limits on interest earning potential, necessitating that this provision be employed. If and when interest rates increase, then this charge will be reduced or eliminated. The General Fund contains the same type of costs that you probably have in your operation, which includes: administrative salaries, office lease, utilities, and similar overhead expenses. It also contains the expenses necessary to provide contract services, which are already being paid for by the entities receiving those services. The Board of Directors and staff have made a deliberate effort to contain General Fund costs over the past severalyears, as interest rates declined. As an example, there have been no salary increases approved by the Board of Directors for the past three years. The staff has also actively worked to secure additional contract services to reduce the dependence upon interest income. Since the allocation of these administrative costs is based on a percentage of the total outstanding indebtedness, each entity`s Administrative Payment has been calculated uniformly. I would appreciate an opportunity to discuss this with you at your earliest convenience. cerely, Xe 7,1halwan General Manager Attachments Cc: Duane Hayes, GTUA Board of Directors i. eA I _ lv lee wwv bb - ql e. 4 —lW .. ee 4y { el } ALLOCATION OF ADMINISTRATIVE TOTAL COST 9/30/2012 512,685,60 Anna Totat BOND %of DEBT PERCENTAGE ALLOCATION ISSUE Project as of 1/31/12 OF TOTAL OF COST ANNA05REF 2,180,000 1.85% 9,488.36 ANNA 07 WTR 680,000 0.58% 21959467 ANNA 07B WTR 3,285,000 2.79% l41297,83 ANNA 07 SEWER 12000,000 0.85% 4,352.46 ANNA08 W/WW 480,000 0.41% 21089,18 6.47% Attachment 2 Interest Eamed Interest Inc 2010-2011 Shortage 33,187.51 5,905-27,283 ALLOCATION OF ADMINISTRATIVE TOTAL COST 9/30/2012 512,685,50 BOND ISSUE CGMA Ea. City °of DEBT PERCENTAGE Project as of 1/31/12 OF TOTAL 25.00% 15,765,000 13.38°/u Attachment 2 ALLOCATION Interest Earned Interest Inc OF COST 2010-2011 Shortage 68,616.53 2,352-66,265 -16,566 ALLOCATION OF ADMINISTRATIVE TOTAL COST 9/30/2012 512,685,50 BOND ISSUE ANNA/MELISSA Anna Melissa of Project 61.00% 39400% DEBT PERCENTAGE as of 1/31/12 OF TOTAL ALLOCATION OF COST 5,2201000 5.28% 271D72.30 Attachment 2 Interest Earned Interest Inc 2010-2011 Shortage 5,094-21,978 A3,407 -8,572 e Attachment 3 •(fl Unless otherwise agreeii by the parties, the Operator shalt be-res acquisifion of all land, rights-of�nray, property rights easements and interest r uponsible forthe ii�e Pra�ect, subject to the approval of the city and the Aufhari �t iced to provide • � - AI�� rict.l� iii - ' SECTlON.3.41; � � � • Payment for Service. The Authority will provide from ifie procEeds received through the issua'ttc$ and, sale of ifs Bonds:• such funds. as are ne .. .� coupled with any funds or property provided bythe Cif}r and an ��arY, when . of providing all or.'part of the Project l# is agreed that the, C' and � �ceived, for the purpose exclusive usre of the, entire Project for the useful life of the Pro �tomers shag have the �' Auihoriiy's oi�ligation hereunder, the City recognizes and agrees fha# � A�� elation for the :� ail undivided •interest in the Project equivalent to the percenthge of the tofal cost of he �ouire ' . •provided bjr the Authority through the isauanasand Satre of its Bonds. It is further lect ilia City's obligations, to make any. and all .payments s r=cifisd � agreed that .interest of the Authority in the Pro act wilt p this Art%le and the ownership connection with the � terminate when a!i of ihe�Auihdrity's Bonds issued in 1'rojecf have been paid in frill .end rr=fired and are no tonger ouistand'urg. � is further �urtderstood ens! agreed that fife Authority's oM �r ant►r�.a _f fi �, ws to R T y e •.i„ i d�„�i c�i = and interest on its Bonds is from the paymerris to'i�Q made by file Fes' �' - �,Contrac� and�ihe CHy agrees that it writ 'make to the Authority the fa owin he Au�oriiy u[�der th� - • 9 PaYiirents: t - �a} Moitirty amortization payment -- Such arraunts, payable- rt"tor�thty on or before the 10fh day of each'month, in approx��{ei - princi�al.coming due on the Acifhb ' s Bonds quaff insiailrrienls, as ors hecessaryta pay (ij the �►' on the next'suct;eeding principal payment date• (tt'}-the interest conning due ot� the• Authon'ty"s Bonds on the heat succe�iin ..dale; arid� (ii� the fees and charges of the Pa in g interest payment and interest (hereon coming due on each applicab el da fps) for t��ng yr redeeming the Bonds .(b) Reserve Fund Payment -- SucFi amount as is required t6 ba t�eserve Fund from the Revenue Fund' (out of payments to be made by the Ci paid into fife 'Resolution in Qrder is establish, maintain or replenish the Reserve Fund for the sec ty) underthe Bond . 'payment pf Bonds. ttriiy and - (c} Administrative Payment �-�- An amount stifficierri to overhead e�cpenses of the Authority, dire Pay 'the adminis#rathre and Project, including the cost of routine arrnal a xo��g r Ports a�d the to the Bonds and the :disclosure eandertakings, costs of a(t contarnaitlg ... . �d) Extraordinary Expense Payment -- Such amour#s, as are necessa fo • reimburse the Author�y for any ex�acrdinaty or une ec:ied ry Pad sr •necessarily incurred by •the Authority is connecgon wish the Band and the prof s� suGhaas . expenses of litigation+ if any, grid costs of special studies and speciat� professional senirc� and when required py any governmental directive or retiutation• or` as may be agreed between ` • � the City and the Authority. (e} . 'Tije cost. of Maintenance and Operation .of the 'Project (for'whirfi ptbvislon is made in Section 3.43j if the AuthoniY is the Operator under that $ecti'on. . • ' . SEGTiON� 3 42• lime for aktna of P ..Y. P�Yments r�:quired by 3ectlon 3.41. to � Ames' hereafter sp rifled; a OhY agrees to rnaks the• 4574i f 36.3t105i t Q46 - .5 Y{OUR} FIOMETOW N CITY OF ANNA AGENDA NOTICE -CITY COUNCIL WORKSHOP July 10, 2012 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., July 10, 2012, 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 proposed shooting range. (Chief Jenks) 4. Presentation and discussion regarding GTUA 2012 charges to the City of Anna. (Jerry Chapman) 5. Presentation from Lisa Hill with Buxton. (Jessica Perkins) 6. 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). Anticipated litigation with Amazing Solar Solutions. 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. 7. Adjourn. I. 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 of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924- 3325 two working days prior to the meeting so that appropriate arrangements can be made. 07-10-12 CC Regular Meeting Agenda.doc 1 Posted 07-06-12 This is to certify that 1, IN na 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., July 3, 2012. `2Gyc"mot Natha Wilkison, City Secretary 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 of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924- 3325 two working days prior to the meeting so that appropriate arrangements can be made. 07-10-12 CC Regular Meeting Agenda.doc 2 Posted 07-06-12 IIOMETOW N CITY OF ANNA AGENDA NOTICE —CITY COUNCIL REGULAR MEETING July 10, 2012 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., July 10, 2012, 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 recor attendance. If you wish to speak on an open -session Opinion/Speaker Registration Form and turn it in h meeting starts. 1. Call to Order. 2. Invocation and Pledge of Allegiance. agenda item please fill out the City Secretary before d of the the 3. Citizen comments. Citizens are allowed 3 minutes to speak. The Council is unable to respond to or discuss any issues that are brought up during this section that are not on the agenda, other than to make statements of specific factual information in response to a citizen's inquiry or to recite existing policy in response to the inquiry. 4. Receive reports from Staff or the City Council about items of community interest. Items of community interest inclzrde: 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 of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924- 3325 two working days prior to the meeting so that appropriate arrangements can be made. 07-10-12 CC Regular Meeting Agenda.doc 3 Posted 07-06-12 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 Minutes for June 26, 2012 Regular Meeting. b. Approve the re -plat for "East Fork Estates". 6. Public Hearing: City Council will hear public comments on the 2011 Annual Drinking Water Quality Report (Consumer Confidence Report). (James Parkman) 7. Consider/Discuss/Action regarding a Resolution approving Adopt a Spot program. (Jessica Perkins) 8. 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). Anticipated litigation with Amazing Solar Solutions. 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. 9. Consider/Discuss/Action on any items listed on posted agenda for July 10, 2012 City of Anna Workshop Session or any closed session occurring during this Regular Meeting, as necessary. 10. 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., July 3, 2012. Natha Wilkison, City Secretary 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 of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924- 3325 two working days prior to the meeting so that appropriate arrangements can be made. 07-10-12 CC Regular Meeting Agenda.doc 4 Posted 07-06-12 CITY OF ANNA,TEXAS Council Meeting: July 10, 2012 Account Code #:_ Budgeted Amount:, Item No. 3 WS City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Chief Jenks Exhibits: ❑Yes (]No AGENDA SUBJECT: Presentation and discussion regarding on proposed shooting range. SUMMARY: In early April, Mr. David Matthews sent an Email to the City Manager. In this Email, he informed the City that he was interested in "establishing a Training Facility for Firearms" to provide citizens the opportunity for training and education. At my request, Sgt. Caponera made contact with Mr. Matthews to gather information. He related to Sgt. Caponera that the range was in the planning stages. Mr. Matthews said that he owned 70 acres on County Rd 472, about 1 mile south of County Rd 475. That location is in the southeastern Anna ETJ, east of SH 121. Mr. Matthews relayed that the plan was to have a facility large enough to accommodate a 15-20 bay, 100-yd rifle range; a 20-30 bay handgun range, and 4-5 tactical bays for competition shooting. He said that the rifle range would be baffled to eliminate the possibility of "fly -over" projectiles. Mr. Matthews advised that there was a creek on the property and that he intended to have a plan in place to deal with lead. Mr. Matthews included information that a Mr. Phil Ryan would be the manager/operator of the range. After the Council was briefed in the Council meeting of June 12 and Mr. Mathews was unable to attend, I have invited him to attend this meeting to answer any questions. At the time of this staff report, Mr. Mathews has not responded to the Email invitation. STAFF RECOMMENDATION: N/A (This is an agenda item that is intended to provide the Council with as much information as possible regarding the potential location of a firearms range within the City's planning area). Natha Wilkison From: Kenneth Jenks Sent: Monday, July 02, 2012 8:10 AM To: Natha Wilkison Cc: Jeff Caponera Subject: Fw: Firearms Range/Anna City Council Meeting To include in the workshop packet Sent from my Verizon Wireless 4G LTE DROID -----Original message ----- From: David Mathews <dmathews@tx.rr.com> To: Kenneth Jenks <kjenks@annatexas.gov> Sent: Sun, Jul 1, 2012 19:57:46 GMT+00:00 Subject: RE: Firearms Range/Anna City Council Meeting Chief Jenks, I am available to attend the meeting on the 10th and visit with the city council and address any questions and/or concerns they may have. I do not have a presentation prepared, but can discuss our plans for the facility. I am not sure what they may want to see in way of a presentation. We have changed our model slightly in that we do not currently have plans to open the facility to the public in typical fashion, with "public handgun and/or rifle ranges". We are instead focused on attracting league competitors and competitions, firearms classes, CHL qualifying, corporate use, and will be available to area police departments for training and qualifying. We will also be selling individual memberships to individuals who qualify. Phil Ryan will be managing the facility. I have attached Phil's resume below for you to review. We currently have 5 bays constructed and have begun holding classes at the site. The bays are constructed at or above industry standards and provide a very safe environment to shoot. We continue to add improvements to the facilities in order to improve the experience. We have filed an Environmental Stewardship Plan with the EPA addressing all environmental aspects of the facility. I feel like we will be successful in drawing a large number of shooters to Anna on a weekly basis and hope to attract state competitions, as well as national competitions in the future as we are able to grow. If you have any questions, or additional information prior to the meeting, please let me know. Sincerely, David Mathews 1 Philip A. Ryan Jr. instructor@txconcealedcarry.com 600 Moss Cliff Cr. McKinney, TX 75071 214-8934116 OBJECTIVE: Seeking instructor position to utilize my 19 years of police and 15 years of instructional experience to contribute to the Collin County Law Enforcement Academy. EDUCATION: 60 + hours of college majoring in business administration (transcripts available), Graduate Collin County Law Enforcement Academy 1993, Graduate North San Diego County Police Reserve Academy 1985, Total of 1442 hours of Texas Police Training, Glock Police Instructor, Glock Armorer, Colt 0-frame and M16 Armorer, Police Instructor, Police Firearms Instructor, Shotgun Instructor, Impact Weapons Instructor, Sexual Harassment & Rape Prevention Instructor, TDPS Concealed Handgun Instructor, Advanced Police Instructor. RELATED EXPERIENCE 1982-Present: Celina Police Department: Police Sergeant 2006 - 2010 - Supervise, manage and train 4 full time patrol officers and 3 reserve officers, Coordinate and create officers work schedules, Alarm permits coordinator, Firearms Instructor, Background Investigator, Motorcycle Officer, Patrol Officer, Uniform Crime Reporting, Field Training Officer and Coordinator, conduct Roll Call Training, Police Corporal 2005 - 2006 -Reference above duties. Patrol Officer 2002 - 2005-Supervise, manage and train 10 reserve officers, Coordinate and create officers work schedules for schools and vacations, Firearms instructor, Background Investigator, Patrol Officer, Uniform Crime Reporting, Field Training Officer and Coordinator,. Police Reserve Officer 1995 — 2002 -Police patrol duties covering for paid officers in their absence, Internal Affairs Investigator. Collin County Gun Range, LLC /Pistol Technologies Inc.: General Manager 1995 — 2006 —Instructed Texas Concealed Handgun License certifications courses, advanced firearms courses, Manage operations of retail store / live firing ranges / training courses, Managed employees, Inventory control / ordering / scheduling / advertising, compliance with Comptroller, EEOC and TWC rules and regulations, Bookkeeper / Payroll, Records Manager. City of Leonard, Texas: Police Chief 1995-1995 -Supervise, manage and train 2 fulltime officers 9 reserve officers, Patrol, Investigations. Police Reserve Officer 1993-1995 -Basic police patrol duties and emergency response. United States Marine Corp Reserves Desert Shield /Desert Storm: Sergeant E-5 1990-1991 -Lead and train combat anti tank infantry section, Acting Platoon Sergeant and Platoon Commander for several extended periods. United States Marine Corp: Sergeant E-5 ending rank - 1982-1986 -Supervise and manage motor -pool maintenance operations for Anti-tank unit ordering of parts / assignment of tasks to mechanics, Responsible for maintenance schedule and management on over 160 vehicles. City of Carlsbad, CA: Police Reserve Officer - 1985-1986 -Train as police patrol officer. Military Awards: Good Conduct, Deployment Ribbon, National Defense Service Ribbon. Police Awards: Medal of Valor, Denton County Hero's Law Enforcement Officer of the Year, Reserve Officer of the Year, Officer of the Year, Meritorious Conduct. LAW ENFORCEMENT LICENSES: Licensed Police Instructor 1995 Certified Police Firearms Instructor 1999 Advanced Peace Officer License 2002 2 From: Kenneth Jenks [mailto:kjenks@annatexasAgZj Sent: Tuesday, June 26, 2012 2:01 PM To: dmathews@tx.rr.com Subject: Firearms Range/Anna City Council Meeting Mr. Mathews, On July 10 (Tuesday), the Anna City Council will be holding a work session that starts @ 6:30pm. Will you be available to make a presentation regarding your proposed firearms range in the ET1 of Anna and to address any questions/concerns the Council members might have? Please let me know if you can attend the meeting and I will ensure that you are placed at the front of the meeting agenda. Best regards, Kenny Jenks Chief of Po/ice Deputy City Manager City of Anna, Texas 972-924-2848 972-924-3162 (fax) ssorn W� 'The democracy will cease to exist when you take away from those who are willing to work and give to those who would not." "To compel a man to subsidize with his taxes the propagation of ideas which he disbelieves and abhors is sinful and tyrannical. " Thomas .Jefferson "Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other. " .7®hn Adams '?he American Republic will endure until the day Congress discovers that it can bribe the public with the public's money. "Alexis cie T®cciuevil9e CONFIDENTIALITY NOTICE: This message (including any attachments) is for the sole use of the intended recipient(s) and may contain confidential and privileged information protected by state and federal privacy statutes. Any unauthorized review, use, disclosure or distribution is strictly prohibited. If you have received this a -mail in error, please contact the sender by reply e-mail and then delete this message. -----Original Message----- From:dmathews@tx.rr.com [mailto:dmathews@tx.rr.com] Sent: Monday, June 25, 2012 11:20 AM To: Jeff Caponera Subject: Re: Anna City Council Meeting Sergeant Caponera, Sorry for the late response. I am out of the country and have not had access to phone or email since early last week. I will be back in town tomorrow and am available to come out for the meeting if it is not too late. Please respond by email and I will be able to plan accordingly. 3 Sincerely, ----Jeff Caponera <japonera@annatexas.5ov> wrote: > Mr. Matthews, > The Anna city council will be meeting again next Tuesday, June 26 at 7:30PM. Chief Jenks wanted me to let you know because the council does have some questions about your potential business. If you are able to attend, please let me Know as soon as practical so that I may pass the information onto the Chief. He will attempt to move you to the top of the agenda so you do not have to wait long. > Sergeant Jeff A. Caponera > Anna Police Department > 101 S. Powell Pkwy > Anna, TX 75409 > 972-924-2848 ext. 402 > 972-924-3162 (Fax) >[cid:image004.jpg@01CD4EEC.22B55550] > The information contained in this email is considered confidential and sensitive in nature, as well as sensitive but unclassified, and/or legally privileged information. It is not to be released to the media, the general public, or to personnel who do not have a "need-tod<now." This information is not to be posted on the Internet, or disseminated through unsecured channels. It is solely for the use of the intended recipient(s). Unauthorized interception, review, use or disclosure is prohibited and may violate applicable laws, including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication. Further disclosure to unauthorized entities could jeopardize ongoing investigations, operations, and personal safety. End of Forwarded Message Council Meeting: July 10I 2012 Account Code #: N/A Budgeted Amount: N/A Item No.4 WS City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 7-02w12 Exhibits: ❑Yes ❑ No AGENDA SUBJECT: Presentation and discussion regarding GTUA 2012 charges to the City of Anna. (Jerry Chapman) SUMMARY: RECOMMENDATION: OITY OF TEXAS Council Meeting: July 10, 2012 Account Code #: n/a Budgeted Amount: n/a Item No. 5 WS City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Jessica Perkins Exhibits: _ Yes X_ No WORKSHOP AGENDA SUBJECT: Presentation from Lisa Hill with Buxton, a firm that provides analytic data about consumers in our market. SUMMARY: Buxton is well-known firm out of Fort Worth that specializes in consumer research. Buxton will come to your community and identify the consumers in your area to match you with retailers that would fit your market. Their company carries influence and creditability that is hard to match. STAFF RECOMMENDATION: n/a. r� Council Meeting: July 10, 2012 Account Code #: N/A Budgeted Amount: N/A AGENDA SUBJECT SUMMARY: RECOMMENDATION: Call to order. Item No. 1 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 7-02-12 Exhibits: ❑Yes ❑ No HOMETOWN Council Meeting: July 10, 2012 Account Code #: N/A Budgeted Amount:, AGENDA SUBJECT: SUMMARY: RECOMMENDATION: N/A Item No. 2 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 7-02-12 Exhibits: ❑Yes ❑ No Invocation and Pledge of Allegiance. Council Meeting: July 10, 2012 Account Code #: N/A Budgeted Amount: Item No. 3 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 7-02�12 Exhibits: ❑Yes ❑ No AGENDA SUBJECT: Citizen Comments. Citizens a�^e allowed 3 minzrtes 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. SUMMARY: RECOMMENDATION: Council Meeting: July 10, 2012 Account Code #: N/A Budgeted Amount: N/A Item No, 4 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 7-02-12 Exhibits: ❑Yes ❑ No AGENDA SUBJECT: 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. RECOMMENDATION: Council Meeting: July 10, 2012 Account Code #: N/A Budgeted Amount: N/A Item No. 5 (a & bL City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 7-02�12 Exhibits: ❑Yes ❑ No AGENDA SUBJECT: Consent Items. These items consist of non-conh•over•sial 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 Minutes for June 26, 2012 Regular Meeting. b. Approve the re -plat for "East Fork Estates". CYi1►11►1 /�:�•� RECOMMENDATION: Staff recommends approval of the consent items. MINUTES OF CITY OF ANNA AGENDA NOTICE —CITY COUNCIL WORKSHOP June 26I 2012 6:30 p.m. —Anna City Hall Administration Building The City Council of the City of Anna met in Workshop Session at 6:30 p.m., June 26, 2012, at the Anna City Hall Administration Building, located at III North Powell Parkway (Hwy 5), regarding the following items. 1. Call to Order. Mayor Mike Crist called the meeting to order at 6:30 pm. 2. Roll Call and Establishment of Quorum. Mayor Mike Crist and Council Members James Cook, Kevin Anderson, Nathan Bryan and Becky Glover were present. Council Member John Hopewell and John Geren were absent. 3. Presentation and discussion regarding a Utility Rate Study. (Clayton Fulton) Clayton Fulton, Director of Finance introduced Bob McLain from McLain Decision Support Systems. Mr. McLain presented his findings of the Utility Rate Study and answered council's questions. 4. Discussion regarding proposed regulations Co windmills. (Maurice Schwanke) Maurice Schwanke, Director of Planning and Development presented his findings to council. Staff and Council discussed what they would like to see in an ordinance regulating windmills. 5. Briefing regarding Park Improvements. (Jessica Perkins) Jessica Perkins, Assistant to the City Manager briefed Council on park improvements and answered questions. Council Member Bryan made the motion to enter into Closed Session at 7:21 pm. Council Member Glover seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 06-26-12 CC Minutes 1 06-26-12 6. 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); acquisition of park property. 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). Anticipated litigation with Amazing Solar Solutions. 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 Glover made the motion to return to open session at 7:33 in. Council Member Anderson seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 7. Adjourn. Council Member Anderson made the motion to adjourn at 7:33 pm. Council Member Bryan seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 ATTEST: Natha Wilkison, City Secretary APPROVED: Milce Crist, Mayor 06-26-12 CC Minutes 2 06-26-12 MINUTES OF CITY OF ANNA AGENDA NOTICE —CITY COUNCIL REGULAR MEETING June 269 2012 7:30 p.m. —Anna City Hall Administration Building The City Council of the City of Anna met in Regular Session at 7:30 p.m., June 265 2012, at the Anna City Hall Administration Building, located at III North Powell Parkway (Hwy 5), to consider the following items. Welcome to the City Council Meeting. Please sign the Sign -In -Sheet as attendance. If you wish to speak on an open -session agenda item please fill Opinion/Speaker Registration Form and turn it in to the City Secretary meeting starts. 1. Call to Order. Mayor Crist called the meeting to order at 7:36 pm. 2. Invocation and Pledge of Allegiance. Mayor Crist gave the invocation. a record of out the before the 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 (bait 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. Corey Kenny was seeking answers to questions he had on the windmills. Staff mentioned GACC Fourth of July Fireworks show. 06-26-12 CC Minutes 3 06-26-12 5. Consent Items. These items consist of non -controversial or "1:01esekeeping" 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 Minutes for June 12, 2012 Regular Meeting. b. Review EDC Minutes for April 5, 2012 Regular Meeting. c. Review CDC Minutes for April 5, 2012 Regular Meeting. d. Approve a Resolution approving a Copyright License Agreement with the Payment Group, LLC DB/A trafficpayment.com to use the City Logo. (Clayton Fulton) e. Approve a Resolution authorizing the City Manager to act on the City's behalf in executing a contract with the payment group LLC DB/A TrafficPayment.com to provide online and pay -by -phone citation payment services. (Clayton Fulton) f. Approving a Resolution authorizing appointment of Assistant Emergency Coordinator. (City Manager) g. Approving "West Crossing Phase II" Preliminary plat. (Maurice Schwanke) h. Approving the "Millenium Addition" plat. (Maurice Schwanke) i. Approve a Resolution regarding a Special Event Permit for a Fireworks Display and an agreement between the City and the Greater Anna Chamber of Commerce. (Maurice Schwanke) j. Approve a Resolution authorizing a Dispatch Agreement. (Chief Jenks) k. Approve a Resolution to authorize submitting an Application to the Collin County Open Space Grant Program (near the Creekside Addition). (Maurice Schwanke) I. Approve a Resolution to authorize submitting an Application to the Collin County Open Space Grant Program (near Pecan Grove Subdivision). (Maurice Schwanke) Mayor Cris, wanted item 5 (h) separated out for further discussion. Council Member Glover made the motion to approve items a —1 except item h. Council Member Cook seconded the motion. Motion passes. I NAY 0 ABSTAIN 0 Maurice Schwanke, Director of Planning and Zoning presented the it to council and introduced Gary Hendricks who addressed the drainage concerns and answered council's questions. Council Member Glover made the motion to approve Item 5 (h). Council Member Bryan seconded the motion. Motion passes. NAY 0 ABSTAIN 0 06-26-12 CC Minutes 4 06-26-12 6. Consider/Discuss/Action regarding a Resolution approving a Special Event Permit for "Glowfest" and an agreement between the City and the Greater Anna Chamber of Commerce. (Maurice Schwanke) Maurice Schwanke, Director of Planning and Development presented the item to council and answered questions. Sara Cox of GACC briefed council on events happening during Glowfest and answered questions. Council Member Glover made the motion to approve. Council Member Bryan seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 7. Consider/Discuss/Action regarding approving a Resolution authorizing acquisition of a drainage easement including negotiation with property owner and potential use of eminent domain to condemn easement along FM 455. (City Manager) Philip Sanders, City Manager presented the item to council and answered questions from council members. Council Member Glover's motion "I move that the City of Anna, Texas authorize the use of the power of eminent domain to acquire the easement totaling 0.053 acres as described in Exhibit A, which is attached to the resolution that is the subject of this agenda item 7, with said easement description being incorporated into this motion as if stated verbatim for the public use of constructing, laying, maintaining, repairing and/or replacing drainage system improvements.". Council Member Bryan seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 8. Consider/Discuss/Action regarding an Ordinance approving an Internet Website and Social Media Policy. (Jessica Perkins) Jessica Perkins, Assistant to the City Manager presented the item to council and answered questions. Council Member Cook made the motion to approve. Council Member Anderson seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 Council Member Bryan made the motion to enter closed session at 8:07 pm. Council Member Coolc seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 06-26-12 CC Minutes 5 06-26-12 9. 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.0 a. discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); acquisition of park property. 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). Anticipated litigation with Amazing Solar Solutions. 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 Anderson made the motion to return to open session at 9:02 pm. Council Member Bryan seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 10. Consider/Discuss/Action on any items listed on posted agenda for June 26, 2012 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. Council Member Anderson seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 11. Adjourn. Council Member made the motion to adjourn at 9:03 pm. Council Member Glover seconded the motion. Motion passes. AYE 5 ATTEST: NAY 0 Natha Wilkison, City Secretary ABSTAIN 0 APPROVED: Mike Crist, Mayor 06-26-12 CC Minutes 6 06-26-12 Council Meeting: July 10, 2012 Account Code #: N/A Budgeted Amount: N/A Item No. 5 (b) City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Maurice Schwanke Date Prepared: 07/02/12 Exhibits: ■Yes ❑ No AGENDA SUBJECT: Approve the re -plat for "East Fork Estates" SUMMARY: A plat has been received concerning the subdividing of a 5 acre tract into 3 lots in the East Fork Estates Subdivision. It is proposed that these lots have a County approved septic system. This variance from our ordinances requires approval by the City Council. PLANNING AND ZONING COMMISSION ACTION: The planning and Zoning Commission approved the final plat unanimously at their meeting June 115 2012. RECOMMENDED ACTION: Approval of the plat � f g4 Pm 5 e44 c SyS Np p§git °y,g $t N Ira ggs a I p � I c I PA T si — _—____—_ NA_—___ _ _ _____ 8 rn £ Nl__ yf�___ -e [N��7ry k tiy4 I yi L__�s----� Y ----- a�T> g<r -- _nor_ --� xte� 4 Iq g Amy Ar 0�2 nyN k 2n^O 01 ' Op S C �N e i y3�R g3 mF °i<�+�kk Q R €�? gp @Rea_°3 t33 1 a'g ppi�S3.,a� � a g VIM Y��A1����ag�8a��,�R @ x ag @ g % P�$36�^� @#A° 1z £ �ad.e a W o B y s R R ^$ e @ �£ 9��e— �_ Y $ a s �$� o ego 4 Rg q e Rg § 89%a°1 5 ram a5 "4 £i ka:sR �$ Mika af y $ a .ac s $ 4 $:% kit TAW eo sSvgul R@a,� @4% `H $ $$3�x %g&aR ullbzgg. ds"fl 1€ i@9 £ % 1 Hs'g `- $$€ x 'xeff s qIt gg al �$ ldg Y % g dal se.a€- 4 ga a31 3_ $e Wy 9gvV�$%,&°2 XI2 9 dS p Council Meeting: July 10, 2012 Account Code #: N/A Budgeted Amount: N/A Item No.6 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact James Parlcman Date Prepared: 6-29a12 Exhibits: X Yes ❑ No AGENDA SUBJECT: Public Hearing: City Council will hear public comments on the 2011 Annual Drinking Water Quality Report (Consumer Confidence Report). (James Parkman) SUMMARY: Annual CCR water report for Public information. 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E2' m am A(Uis 00w � uiUU s4a 3w U �a�u C ri� arl tlii i i U ` a�i ro 4 -rl H q o Council Meeting: July 10, 2012 Account Code #: n/a Budgeted Amount: n/a Item No. 7 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Jessica Perkins Exhibits: X_ Yes No AGENDA SUBJECT: Consider/Discuss/Action regarding a resolution approving an adopt -a -spot program. SUMMARY: Adoption programs are very popular throughout the country and with the expansion of the city's trail and park system it is the right time to get involved. City staff and the Parks Board have previously drafted a plan for an adopt -a -trail program for the park trails and many of them have been adopted. The City was approached by the Rattan Student Council about adopting a portion of Ferguson Parkway. With this request staff has looked at expanding the adoption program to include streets and other "spots" in Anna for adoption. In return for adopting and maintaining a "spot" the City will place a sign or marker recognizing the group maintaining the trail, street, or spot. STAFF RECOMMENDATION: Staff recommends you approve the resolution. CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS SUPPORTING THE CREATION OF AN ADOPT -A -SPOT PROGRAM FOR CITY OF ANNA STREETS, PARKS, TRAILS OR ANOTHER PUBLIC SPACE WITHIN THE CITY OF ANNA WHEREAS, the goal of the Adopt -a -Spot program is to encourage citizen and business participation in beautifying the community of Anna; and WHEREAS, the City of Anna has drafted an agreement and volunteer waiver form required by each Adopt -a -Spot participant and the form and content of said agreement shall be as set forth in Exhibit A, attached hereto and incorporated herein; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. The City Council of the City of Anna, Texas hereby affirms its support of the creation of the Adopt -a -Spot program as described in Exhibit A. PASSED AND APPROVED by the City of Anna, Texas this day of 2012. APPROVED: Mike Crist, Mayor ATTEST: Natha Wilkison City Secretary CITY OF ANNA, TEXAS RESOLUTION NO._ PAGE 1 OF 1 CfTY OP 7FXAS CITY OF ANNA ADOPT -A -SPOT AGREEMENT FORM The City of Anna Adopt -A -Spot Agreement Name of individual or group (hereinafter "Agreement) is made this day of 2 by and between ("Adopter") and the City of Anna, Texas ( "City"). Adopter agrees to formally "adopt" a segment of the h ail/roadway approximately in length and extending approximately from describe location Location description describe location i� Adopting a spot means that the Adopter is permitted to engage in the activities set forth in the Terms and Conditions below as relates to such segment of trail or roadway. This Agreement shall terminate 12 months after the date first set forth above. Contact Information: Individual or• Group Leader (the Adopter) Address Home Phone Terms and Conditions: Mobile Phone Email The Adopter acknowledges the limits and potential hazards of the Adopt -A -Spot Program, and agrees to the following terms and conditions: Adopt -A -Spot activities permitted are regular inspections and monitoring of the trail/roadway segment and light maintenance work including, but not limited to, litter pick-up, brush control (excluding the use of herbicides), and cutting and trimming of brush or weeds to keep a path clear. Fundraising or donations of plants, benches, or other items for the trail/roadway may be allowed after written approval of the City Manager or City Manager's designee. Adopters shall: (1) ensure that volunteers who find anything that they suspect to be hazardous to not touch it, but take appropriate precautions and report the location and description of the material/substance to a City representative; (2) ensure that volunteers not pick up syringes, hypodermic needles, exceptionally large, heavy or unyielding objects. When these kinds of materials are discovered, a City representative should be notified as soon as possible to arrange for proper disposal; (3) conduct activities at a frequency that will enhance the goal of providing a park like appearance along the adopted trail/roadway segment (the expected minimum frequency of inspections and trash pick-up along the trail segment is once each month as weather permits although additional visits may be necessary, and such may be requested by the City); (4) regularly report to the City the accomplishments of the volunteers, such as amount of trash collected, number of hours spent, concerns about the trail and similar matters; (5) refrain from using any City -owned equipment or personal property in the performance of the work; (6) oversee all activities of Adopt -a -Trail volunteers working on the trail/roadway segment; (7) observe and supervise minors (ages 12-17) at all times and ensure that no minor operates power equipment of any kind; and (8) adhere to all applicable City ordinances and regulations. The Adopter shall further ensure that each Adopt -a -Spot volunteer complete and sign an Adopt -a -Spot volunteer release form (available from City upon request). All volunteers must be at least 12 years of age. All persons under the age of 18 engaging in any activities described hereunder must be accompanied by and under the supervision of a person who is at 18 years of age. In addition, a parent or guardian signature is required for any volunteer under 18 years of age. No motor vehicles may be driven or parked on a park trail unless necessary to respond to a medical emergency. No work of any nature will be performed by the Adopter or the Adopter's volunteers on any waterway or embankment, or infrastructure or improvement associated with any waterway or embankment. No work of any nature may result in any stoppage or other interference with normal traffic on roadways or with public use of trails unless the City Manager has given express written permission for same and the City has erected necessary signs or other safeguards. No volunteer shall at any time position themselves or any materials or equipment in the normally travelled part of a roadway. No volunteer shall at any time position themselves or any materials or equipment near the normally travelled part of a roadway or trail in a manner that may be unsafe for the volunteers or the general public. The failure of an Adopter to ensure compliance with the requirements of this paragraph shall be considered a material breach of this contract. It is recommended that each Adopter have a first aid kit and mobile phone (you must provide your own phone and first aid kit, neither will be provided by the City). The Adopter and volunteers should be familiar with nearby transportation and emergency service facilities and providers. In cases where it does not interfere with the City regulations, the City will furnish and erect an Adopt -a -Spot sign recognizing the Adopter or organization that is volunteering to maintain the segment of trail/roadway. Adopters shall be limited to local residents and organizations that are current in payment of taxes or other liabilities due the City after notice of any delinquency including: individuals and families, businesses, a chamber A commerce, non-profit organizations, and clubs and other organizations affiliated with local governmental entities. For the purpose of this paragraph, the term "local" means an organization with a physical or organizational presence within the City's corporate limits or its extraterritorial jurisdiction; or an individual or family that resides within the City's corporate limits or its extraterritorial jurisdiction. Local Organizational Presence means that at least ten (10) members of the organization reside within the City's corporate limits or its extraterritorial jurisdiction. A "Non -Profit Organization" means an organization that is, or based on the nature of its operations is fully eligible to be, a "Nonprofit Corporation" as that term is defined under Texas Business Organizations Code, Chapter 22, as amended, or a "Nonprofit Association" as that term is defined under Texas Business Organizations Code, Chapter 252, as amended, and which has one or more of the following or similar purposes: charitable, benevolent, religious, eleemosynary, philanthropic, patriotic, civic, missionary, educational, scientific, social, fraternal, athletic, aesthetic, agricultural, horticultural, or being dedicated to the conduct of professional, commercial, industrial, or trade associations. Certification by Adopter: I am eligible to be an Adopter as I meet all of the requirements set forth under this Agreement. I understand I am undertaking this activity voluntarily and assume all responsibilities stated herein as the Adopter. I understand that there is no salary or other compensation of any kind to be provided by the City for my services as a volunteer. I understand that my services are provided for the conveniences of the City and may be terminated for any reasons or for no reason and at any time by the City without notice or hearing. I assume the risk of injury and any and all liability that may result by my participation as an Adopter. Waiver/Release/Indemnity Agreement: I fully understand that my volunteered participation in this Adopt -a -Spot activity (hereinafter "Activity"), could at any time expose me to the risk of personal injury, death or property damage. I hereby acknowledge that I am voluntarily participating in the Activity and agree to assume any and all risks. In consideration for being permitted to participate in the Activity and for all benefits associated with voluntary participation therein, I hereby agree to release, discharge and agree not to sue the City, nor its officers, agents or employees (collectively, "released parties") for any injury, death or damage to or loss of personal property arising out of or in connection with my participation in the Activity from whatever cause, INCLUDING BUT NOT LIMITED TO THE ACTIVE OR PASSIVE NEGLIGENCE OF THE RELEASED PARTIES OR ANY OTHER PARTICIPANTS IN THE ACTIVITY. As a condition of this Agreement, the Adopter acknowledges that it/he/she is voluntarily undertaking the Activity and in consideration of the privileges associated therewith, the volunteer agrees to PROTECT, DEFEND, INDEMNIFY, and HOLD HARMLESS, the City of Anna, its officers, agents, and employees, from and against any claim, proceeding, cause of action, judgment, penalty, or any other cost or expense arising or growing out of, associated or in connection with the Activity. THE INDEMNIFICATION INCLUDES BUT IS NOT LIMITED TO, LOSSES, DAMAGE, OR LIABILITY ON ACCOUNT OF INJURY DEATH OR OTHERWISE, TO ANY PERSON OR DAMAGE TO ANY PROPERTY, ARISING FROM ANY NEGLIGENT ACT, ERROR OR OMISSION OF THE UNDERSIGNED, ITS OFFICERS EMPLOYEES OR AGENTS, OR ANY VOLUNTEER ASSOCIATED WITH THE UNDERSIGNED ARISING OUT OF RESULTING FROM, OR CAUSED BY ANY ACT OCCURRING AS A RESULT OF THE EXERCISE OF THE PRIVILEGES GRANTED BY THIS AGREEMENT. Adopter agrees that this indemnity agreement is intended to be as broad and inclusive as is permitted by the laws of the state of Texas, and that if any portion is held invalid, then it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. I further hereby consent to the unrestricted use of any and all photos that may be taken of my participation in this Activity. I HAVE CAREFULLY READ THIS WAIVER/RELEASE/INDEMNITY AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT IT IS A FULL RELEASE OF ALL LIABILITY AND SIGN IT ON MY OWN FREE WILL. Printed Name of Adopter Signature of Adopter Date CfTY OF AP3NA, TEXAS I frilly understand child. CITY OF ANNA VOLUNTEER AGREEMENT FORM I am undertaking this activity voluntarily and assume all responsibilities for myself and/or I fully understand that there is no salary or other compensation of any kind to be provided by the City of Anna ("City") for my services as a volunteer. I fully understand that my services are provided for the conveniences of the City and may be terminated for any reasons or for no reason and at any time by the City without notice or hearing. Waiver/Release/Indemnity Agreement: I fully understand that my volunteered participation in this Adopt -a -Spot activity (hereinafter "Activity"), could at any time expose me to the risk of personal injury, death or property damage. I hereby acknowledge that I am voluntarily participating in the Activity and agree to assume any risks. In consideration for being permitted to participate in the Activity and for all benefits associated with voluntary participation therein, I hereby agree to release, discharge and agree not to sue the City, nor its officers, agents or employees (collectively, "released parties") for any injury, death or damage to or loss of personal property arising out of or in connection with my participation in the Activity from whatever cause, INCLUDING BUT NOT LIMITED TO THE ACTIVE OR PASSIVE NEGLIGENCE OF THE RELEASED PARTIES OR ANY OTHER PARTICIPANTS IN THE ACTIVITY. As a condition of this Agreement, I acknowledge that I am voluntarily undertaking the Activity and in consideration of the privileges associated therewith, I agree to INDEMNIFY, and HOLD HARMLESS, the released parties from and against any claim, proceeding, cause of action, judgment, penalty, or any other cost or expense arising or growing out of, associated or in connection with the Activity. THE INDEMNIFICATION INCLUDES, BUT IS NOT LIMITED TO, LOSSES, DAMAGE, OR LIABILITY ON ACCOUNT OF INJURY DEATH OR OTHERWISE TO ANY PERSON OR DAMAGE TO ANY PROPERTY ARISING FROM ANY NEGLIGENT ACT ERROR OR OMISSION OF THE RELEASED PARTIES ARISING OUT OF, RESULTING FROM, OR CAUSED BY ANY ACT OCCURRING AS A RESULT OF THE EXERCISE OF THE PRIVILEGES GRANTED BY THIS AGREEMENT. I agree that this indemnity agreement is intended to be as broad and inclusive as is permitted by the laws of the state of Texas, and that if any portion is held invalid, then it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. I further hereby consent to the unrestricted use of any and all photos that may be taken of my participation in this Activity. I HAVE CAREFULLY READ THIS WAIVER/RELEASE/INDEMNITY AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT IT IS A FULL RELEASE OF ALL LIABILITY AND SIGN IT ON MY OWN FREE WILL. At least 18 yrs. of age � Yes ❑ No Printed Name of Volunteer Signature of Volunteer Signature of Parent or Guardian if under 18 yrs. of age Address Date Date Phone Emergency Contact IiOMETOWN Council Meeting: July 10, 2012 Account Code #: N/A Budgeted N/A Item No. 8 Ciry Secretary's use only City of Anna City Council Agenda all Report Staff Contact: Philip Sanders Date Prepared: 7-02-12 Exhibits: ❑Yes ❑ No AGENDA SUBJECT: 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). Anticipated litigation with Amazing Solar Solutions. 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. SUMMARY: I N �CK�7► 1► T�l►`117r li C�7►� r� Council Meeting: July 10I 2012 Account Code #: N/A Budgeted Amount: N/A Item No. 9 City Secretary's use only City of Anna City Council Agenda all Report Staff Contact: Philip Sanders Date Prepared: 7-02-12 Exhibits: ❑Yes ❑ No AGENDA SUBJECT: Consider/Discuss/Action on any items listed on posted agenda for July 10, 2012 City of Anna Workshop Session or any closed session occurring during this Regular Meeting, as necessary. SUMMARY: RECOMMENDATION: Council Meeting: July 10, 2012 Account Code #: N/A Budgeted Amount: N/A AGENDA SUBJECT: Adjourn. SUMMARY: Item No. 10 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 7-02�12 Exhibits: ❑Yes ❑ No RECOMMENDATION: Staff recommends a motion to adjourn.