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HomeMy WebLinkAbout2011-02-22 Workshop & Regular Meeting Packet CITY OF ANNA AGENDA NOTICE – CITY COUNCIL WORKSHOP February 22, 2011 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., February 22 2011, 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 a future joint meeting with Anna ISD School Board. 4. Discussion regarding Citizen Academy (Jessica Perkins). 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). 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 February 22, 2011 Regular Meeting Agenda Notice, which was posted at the same date, time and place of this Workshop Agenda Notice. 7. Adjourn. 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. 02-22-11 CC Regular Meeting Agenda.doc 1 Posted 02-18-11 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. 02-22-11 CC Regular Meeting Agenda.doc 2 Posted 02-18-11 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., February 18, 2011. ____Natha Wilkison_________ Natha Wilkison, City Secretary CITY OF ANNA AGENDA NOTICE – CITY COUNCIL REGULAR MEETING February 22, 2011 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., February 22, 2011, 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 turn 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 Council is unable to respond to or discuss any issues that are brought up during this section that are not on the agenda, other than to make statements of specific factual information in response to a citizen’s inquiry or to recite existing policy in response to the inquiry. 4. Receive reports from Staff or the City Council about items of community interest. Items of community interest include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen (but not including a change in status of a person’s public office or public employment); a reminder about an upcoming event organized or sponsored by the 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. 02-22-11 CC Regular Meeting Agenda.doc 3 Posted 02-18-11 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. 02-22-11 CC Regular Meeting Agenda.doc 4 Posted 02-18-11 5. Consent Items. These items consist of non-controversial or “housekeeping” items required by law. Items may be considered individually by any Council member making such request prior to a motion and vote on the Consent Items. a. Approve City Council Regular minutes for February 8, 2011. b. Approve Anna Police Department Racial Profiling Report. (Chief Jenks) c. Review Anna EDC Regular minutes for October 14, 2010. d. Review Anna EDC Special minutes for October 20, 2010. e. Review Anna CDC Regular minutes for October 14, 2010. f. Review Anna CDC Special minutes for October 20, 2010 g. Approve a resolution adopting an amendment to the development agreement between the City of Anna and Bo Peep Crossen and Jan Marie Swalwell, and authorizing the City Manager to execute same on behalf of the City. (Philip Sanders) h. Approve a Resolution regarding requesting that the Texas Legislature preserve Texas Parks and Wildlife Department (TPWD) funding. (Maurice Schwanke) i. Approve a Resolution regarding an Interlocal Agreement between the City of Anna and Tarrant County regarding cooperative purchasing. (Philip Sanders) 6. Consider and take action to adopt an ordinance authorizing the issuance and sale by the City of a public property finance contractual obligation; levying an annual ad valorem tax for payment of said obligation; and enacting other provisions relating to the subject. (Philip Sanders) 7. Consider/Discuss/Action approving a Resolution regarding authorizing the execution of a purchase contract for a fire truck. (Philip Sanders) 8. Consider/Discuss/Action authorizing the solicitation of bids for the purchase of fire truck equipment. (Philip Sanders) 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. 02-22-11 CC Regular Meeting Agenda.doc 5 Posted 02-18-11 9. Consider/Discuss/Action on recommendation regarding an ordinance amending the City’s comprehensive plan, zoning map, and zoning ordinance and changing the zoning of certain property, providing for savings, repealing and severability clauses; providing for an effective date; providing for a penalty clause not to exceed $2,000 or the highest penalty amount allowed by law, whichever is less; and providing for publication and caption hereof. The owner(s) Windmill Storage is requesting a Specific Use Permit to allow for a self contained Ice and Water Facility use on the tract. The property is generally located South of West White Street and east of Westfield Drive. (Maurice Schwanke) 10. Consider/Discuss/Action approving a Resolution regarding the appointment of a Charter Review Commission. (Philip Sanders) 11. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov’t Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. 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). The council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. 12. Consider/Discuss/Action on any items listed on posted agenda for February 22, 2011 City of Anna Workshop Session or any closed session occurring during this Regular Meeting, as necessary. 13. Adjourn. This is to certify that I, Natha Wilkison, City Secretary, posted this agenda at a place readily accessible to the public at the Anna City Hall and on the City Hall bulletin board at or before 5:00 p.m., February 18, 2011. _______ Natha Wilkison____ Natha Wilkison, City Secretary Item No. 5g City Secretary’s use only City of Anna City Council Agenda Staff Report Council Meeting: February 22, 2011 Staff Contact: Philip Sanders Account Code #: Budgeted Amount: ________ Exhibits:  Yes  No AGENDA SUBJECT: Approve a resolution adopting an amendment to the development agreement between the City of Anna and Bo Peep Crossen and Jan Marie Swalwell. SUMMARY: Last month the Council approved several amendments to pre-annexation developer agreements that were approved by the City Council in December. The Amendments as adopted were required to be signed and returned to the City by February 8. One of the Amendments was not returned by the deadline. The attorney representing the property owners called me last week and apologized for failing to return the Amendment, and asked that the City Council re-adopt the amendment on behalf of his client. RECOMMENDATION: Staff recommends approval of the attached Resolution and developer agreement amendment. Item No. 5g City Secretary’s use only Owner Area Location Term in Initial Agreement Amended Term Crossen/Swalwell O 5 + 5 8+5 Luscombe N 5 8 Matuszak N 5 8 Lawrence N 5 8 Sherely LTD N 5 8 Burgess O 5+5 8+5 Burnside N 5 8 Wickliffe* N 5 8 DE Gidney* N 5 8 John Gidney* N 5 8 Foster O 6 8+5 Chapel Hill O 5 8+5 *Initial agreement signed prior to December 14 but not included on the December 14 agenda. Item No. 5i City Secretary’s use only City of Anna City Council Agenda Staff Report Council Meeting: February 22, 2011 Staff Contact: Philip Sanders Account Code #: Budgeted Amount: ________ Exhibits:  Yes  No AGENDA SUBJECT: Consider/Discuss/Action regarding a Resolution approving an interlocal agreement between the City of Anna and Tarrant County regarding cooperative purchasing. SUMMARY: The Interlocal Cooperation Act, Texas Government Code Chapter 791 (the “Act”) authorizes any local government to contract with one or more local governments to perform governmental functions and services under the terms of the Act. If approved by the City Council, the attached Interlocal Agreement with Tarrant County would allow the City of Anna to purchase goods and services through various contracts that have already been competitively bid by Tarrant County. RECOMMENDATION: Staff recommends approval of the attached Resolution and Interlocal Agreement. Item No. 5i City Secretary’s use only Owner Area Location Term in Initial Agreement Amended Term Crossen/Swalwell O 5 + 5 8+5 Luscombe N 5 8 Matuszak N 5 8 Lawrence N 5 8 Sherely LTD N 5 8 Burgess O 5+5 8+5 Burnside N 5 8 Wickliffe* N 5 8 DE Gidney* N 5 8 John Gidney* N 5 8 Foster O 6 8+5 Chapel Hill O 5 8+5 *Initial agreement signed prior to December 14 but not included on the December 14 agenda. Item No. 6 City Secretary’s use only City of Anna City Council Agenda Staff Report Council Meeting: February 22, 2011 Staff Contact: Philip Sanders Account Code #: Purchase Amount: Exhibits:  Yes  No AGENDA SUBJECT: Consider and take action to adopt an ordinance authorizing the issuance and sale by the City of a public property finance contractual obligation; levying an annual ad valorem tax for payment of said obligation; and enacting other provisions relating to the subject. SUMMARY: The FY 2011 Capital Improvement Plan calls for the purchase of a new fire engine to replace our existing engine. The primary funding source was to be a grant, but we have been notified that our grant application will not be funded. In order to fund the purchase of a new engine, we will need to issue a new debt instrument. In Fiscal year 2012, we will make the final dept payments on two fire department vehicles. We are currently paying just over $40,000 per year in debt payments on these two vehicles. When those obligations expire after FY 2012, we will be able to absorb the new debt payments into our existing financial structure. We have worked with our financial advisors First Southwest to create a debt structure that will allow us to absorb an additional debt instrument during the next fiscal year which is one year before the two vehicles loans mentioned previously expire. The proposal would finance the new fire truck over 15 years with lower payments during the early years and higher payments later on. The financing proposal also factors in our desire to maintain a level debt service tax rate for the foreseeable future. The total debt issue will be $360,000. The fire truck is expected to const $269,500; equipment for the new truck is estimated to cost about $80,000; and debt issuance costs including underwriting and legal fees are estimated at $10,000. We are currently soliciting bids for the financing of this new debt. Bids are due on Tuesday and we will make a recommendation regarding the financing contract award during the City Council meeting. The attached Term Sheet identifies the contract terms and preliminary debt payment schedule (the final schedule will include interest payments) The first payment on the new debt will be due next year in FY 2012. RECOMMENDATION: Staff recommends approval of the attached Ordinance that authorizes the City to issue $360,000 in new debt. It should be noted that we do not expect significant growth to our tax base for the next several years, and absent new growth, it unlikely that we will be able to issue additional tax debt for general fund projects (streets, parks, buildings, etc.) except for the replacement of existing vehicles. Item No. 7 City Secretary’s use only City of Anna City Council Agenda Staff Report Council Meeting: February 22, 2011 Staff Contact: Philip Sanders Account Code #: Purchase Amount: $269,500 Exhibits:  Yes  No AGENDA SUBJECT: Consider/Discuss/Action approving a Resolution regarding authorizing the execution of a purchase contract for a fire truck. SUMMARY: A few months ago, Chief Newton informed me of significant concerns that he has with the current condition of our existing fire engine. The following is a summary of his concerns:  Our current engine is 9 years old, well past its use as a primary response apparatus for all fire calls, and is in need of significant repairs.  The repairs needed include a bent piston shaft, chipped gears, gaskets and seal replacement. If left unrepaired it will compromise the safety of civilians in need of emergency response and our firefighters. The apparatus has come out of pump gear numerous times while attempting to extinguish fires. All members of the fire department have been advised by Chief Newton and the senior department staff to not make any interior attack on any structure fire unless there is a confirmed entrapment or the potential of catastrophic loss of life to any citizen or firefighter.  The current estimate is $20,136 in repairs just get the pump operating again. The main repair needed for the engine is a total pump rebuild and update to make it a functional primary response apparatus which could cost between $50,000 and $75,000. This re- build process could take up to 5 weeks depending on the part availability and installation. After proper repairs are made, it could take up to an additional 4 weeks to have the re- built pump certified by an approved service technician.  After repairs are made, there is still no guarantee that the vehicle will continue to operate as a reliable primary response fire fighting tool. In addition to the pump failure, we have also recently incurred numerous mechanical problems including emergency lights malfunction, radiator and oil leaks, various gaskets and seals compromised, and replacing the pump drain cable. We currently do not have a reserve engine so the problems he identified with the existing engine are of significant concern. The Chief has recommended that the existing engine be placed in reserve status and that the City purchase a new engine as the primary response vehicle. The City Item No. 7 City Secretary’s use only could then make the minimal repairs necessary to the existing engine so that it can function as a reserve or back-up response vehicle. Vehicle Selection I asked Chief Newton to research options for the purchase of a new fire engine. I told him to look for an affordable yet reliable truck that could function as the primary response vehicle for the next 10 to 15 years. After extensive research, Chief Newton is recommending that the City purchase an E-ONE Tradition Pumper with Typhoon Chassis, 1250 GPM Pump, and a 1000 gallon tank. The truck is expected to last 20 years, with 10 to 15 years as a primary response vehicle. While there are less expensive vehicle types available, our selection of the E-ONE custom chassis fire engine is based on the Chief’s recommendation that this truck will provide the City with the best value for the money over the expected 20 year life of the vehicle. Custom Chassis vs. Commercial Chassis 1. Custom Chassis Fire Engines are built from the ground up for the fire service providing a longer life expectancy. 2. Custom Chassis Fire Engines are more maneuverable with a tighter turning radius. 3. Custom Cabs provide increased Firefighter safety which exceeds Federal Crash Test Standards. 4. Custom Cabs provide increased visibility. 5. Custom Cabs have more room and larger doors proving easier entrants and exits. 6. Commercial chassis must be modified for the intended purpose. Custom Chassis are designed as a single integrated unit. 7. Custom Chassis have a 10 year Structural Warranty. 8. E-One Custom chassis have a Lifetime Frame and Cross Member Warranty. 9. Custom chassis reduces warranty responsibility issues. 10. Custom Chassis all aluminum construction provides increased corrosion resistance. Why E-One 1. Strongest Cab in the Industry – E-One’s Typhoon Cab exceeds the EC29 and SAE Crash Test Requirements providing strength and durability. 2. Extruded Aluminum Construction – E-One’s uses aluminum extrusions for the body and sub frame for superior strength and durability. Item No. 7 City Secretary’s use only 3. Lifetime Frame and Cross member Warranty – E-One’s frame warranty is one of the best in the industry. 4. Customer Service – Hall-Mark located in Louisville, TX operates the largest fleet of mobile service vehicles in the State. 5. Financial Stability – E-One is the largest Privately Owned Apparatus Manufactures in the Nation and is a Debt Free Company. 6. Single Source Manufacture – The Typhoon Pumpers Chassis and body are manufactured by E-One in Ocala, Florida eliminating split Warranty issues. 7. Pre 2010 Emissions Engine – The Typhoon Pumper being considered by the City of Anna does not require costly Diesel Exhaust Fluid reducing operating and maintenance cost. 8. Stainless Steel Plumbing - As standard, all E-ONE trucks feature stainless steel plumbing for superior water flow efficiencies and corrosion resistance. 9. After the Sale Support - For service and maintenance, E-ONE vehicles are supported by the industry's largest dealer network that has a demonstrated commitment to excellent customer service. 10. Quality Manufacturing - E-ONE's quality management system is ISO 9001 Certified. Vehicle Financing The FY 2011 Capital Improvement Plan calls for the purchase of a new fire engine to replace the existing engine. The primary funding source was to be a grant, but we have been notified that our grant application will not be funded. In order to fund the purchase of a new engine, we will need to issue a new debt instrument. In Fiscal year 2012, we will make the final dept payments on two fire department vehicles. We are currently paying just over $40,000 per year in debt payments on these two vehicles. When those obligations expire after FY 2012, we will be able to absorb the new debt payments into our existing financial structure. We have worked with our financial advisors First Southwest to create a debt structure that will allow us to absorb an additional debt instrument during the next fiscal year which is one year before the two vehicles loans mentioned previously expire. The proposal would finance the new fire truck over 15 years with lower payments during the early years and higher payments later on. The financing proposal also factors in our desire to maintain a level debt service tax rate. RECOMMENDATION: Staff recommends approval of the attached Resolution which authorizes the City Manager to execute a contract with Hall-Mark Fire Apparatus –Texas LLC for the purchase of a fire engine for $269,500. Item No. 8 City Secretary’s use only City of Anna City Council Agenda Staff Report Council Meeting: February 22, 2011 Staff Contact: Philip Sanders Account Code #: Purchase Amount: Exhibits:  Yes  No AGENDA SUBJECT: Consider/Discuss/Action authorizing the solicitation of bids for the purchase of fire truck equipment. (Philip Sanders) SUMMARY: If authorized by the Council, the new fire truck will need to be equipped before we put it into service. We have a written quote indicating that the equipment will cost about $80,000. Staff plans to either seek competitive bids or seek authorization to purchase the equipment through a local government purchasing cooperative that has already competitively bid the equipment needed. The specific equipment items are listed on the attached written quote from Hall-Mark. Regardless of the procurement method, City Council authorization will be required before we can finalize the purchase. RECOMMENDATION: Staff recommends approval of the authorization to seek bids on this equipment. Item No. 10 City Secretary’s use only City of Anna City Council Agenda Staff Report Council Meeting: February 22, 2011 Staff Contact: Philip Sanders Account Code #: Budgeted Amount: Exhibits:  Yes  No AGENDA SUBJECT: Resolution regarding the appointment of a Charter Review Commission. SUMMARY: In accordance with Section 11.07, the City Council must appoint a Charter Review Commission at least once every six years. The Commission must consist of at least ten citizens of the City. All Commission members must be qualified voters in the City. The attached Resolution appoints the Commission members, and outlines the roles and responsibilities of the Commission. In adopting the Resolution, the Council will need to specifically name the ten persons appointed to serve on the Commission, and name a Chair and Vice Chair to serve as presiding officers. RECOMMENDATION: Staff recommends approval of the attached Resolution.