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HomeMy WebLinkAboutCCpkt2010-04-27CITY OF ANNA AGENDA NO"nCE -CITY COUNCil WORKSHOP April 27, 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., April 27, 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. 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 ofthe Government Code (Tex. Gov't Code §551.071); Powell v. City of Anna, Cause No. 401-03815-2009 in the 401 at District Court of Collin County, Texas; Texas Star Bank v. City of Anna, Cause No. 380-04163-2009 in the 380th District Court of Collin County, Texas; City ofAnna v. Walmat Inc., et al.; Cause No. 296-00288-2009, in the 296th District Court of Collin County, Texas; SHG Land Investments of Anna Five, Ltd. v. Lennar Homes of Texas Land &Construction Ltd., et al.; Cause No. 366-00970-2008, in 366th District Court of Collin County, Texas. 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. 4. Discussion regarding any item on the City Council's April 27, 2010 Regular Meeting Agenda Notice, which was posted at the same date, time and place of this Workshop Agenda Notice. 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 sttend 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 IIm\I1gements ean be made. 04-27-10 CC Regular Meeting Agenda.doc Posted 04-23-10 5. 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., April 23, 2010. L The Council may vote andlor act upon each ofthe items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any ofthe items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924­ 3325 two working days prior to the meeting so that appropriate arrangements can be made. 04-27-10 CC Regular Meeting Agenda.doc 2 Posted 04-23-10 CITY OF ANNA AGENDA NOTICE -CITY COUNCIL REGULAR MEETING April 27, 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., April 27, 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 Council is unable to respond to or discuss any issues that are brought up during this section that are not on the agenda, other than to make statements of specific factual information in response to a citizen's inquiry or to recite existing policy in response to the inquiry. 4. Receive reports from Staff or the City Council about items of community interest. Items of community interest include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public offICial, public employee, or other citizen (but not including a change in status of a person's public office or public employment); a reminder about an upcoming event organized or sponsored by the goveming body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the goveming body that was attended or is scheduled to be attended by a member of the goveming body or an official or employee of the municipality; and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. 5. Presentation of a Certificate of Appreciation to Brian Green for work at Slayter Creek Park. (Maurice Schwanke) 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 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 working days prior to the meeting so that appropriate arrangements CIIIl be made. 04-27-10 CC Regular Meeting Agenda.doc 3 Posted 04-23-10 6. 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 April 13, 2010. b. Review P & Z Regular minutes for March 1, 2010. 7. Consider/Discuss/Action on approval of the FY 2009 Audit Report. (Wayne Cummings) 8. Consider/Discuss/Action on a Ordinance authorizing the creation of the City of Anna Fire Department. (Philip Sanders) 9. Consider/Discuss/Action on a Resolution approving an agreement with the Greater Anna Chamber of Commerce for the production of a Fourth-of-July Fireworks Display. (Philip Sanders) 10. Consider/Discuss/Action on recommendation to City Council regarding the violation of Part II Article 47 Section 2.03 (d) and Section 2 of the Anna City Code of Ordinances. (Maurice Schwanke) 11. Consider/Discuss/Action on a Resolution approving the submission of a grant application for the Accident Reduction and Investigation Project to the Office of the Governor, Criminal Justice Division. (Chief Jenks) 12. Consider/Discuss/Action on a Resolution regarding the approval of and authority to execute a settlement agreement related to SHG Land Investments of Anna Five, Ltd. V. Lennar Homes of Texas Land &Construction Ltd., et al.; Cause No. 366-00970-2008, in 366 th District Court of Collin County, Texas. (Clark McCoy) 13. Consider/Discuss/Action on a Resolution regarding the approval of and authority to execute PID agreement for Urban Crossing Public Improvement District. (Philip Sanders) 14. 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); Powell v. City ofAnna, Cause No. 401-03815-2009 in the 401 8t District Court of Collin County. Texas; Texas Star Bank v. City of Anna, Cause No. 380-04163-2009 in the 380th District Court of Collin County, Texas; City ofAnna v. Walmatlnc., et al.; Cause No. 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. 04-27-10 CC Regular Meeting Agenda.doc 4 Posted 04-23-10 296-00288-2009, in the 296th District Court of Collin County, Texas; SHG Land Investments of Anna Five, Ltd. v. Lennar Homes of Texas Land &Construction Ltd., et a/.; Cause No. 366-00970-2008, in 366th District Court of Collin County, Texas. 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. 15. Consider/Discuss/Action on any items listed on posted agenda for April 27, 2010 City of Anna Workshop Session or any closed session occurring during this Regular Meeting, as necessary. 16. 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., April 23, 2010. N 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. 04-27-10 CC Regular Meeting Agenda.doc 5 Posted 04-23-10 Item No. S" City Secretary's use only City of Anna Staff Agenda Report Council Meeting: 04/27/l 0 Staff Contact: Maurice Schwanke Prepared by: Maurice Schwanke Account Code #:_---:.N'-.!!/~A!!_______ Date Prepared: __--"'04'-!!1-""-2"'-!.1I-".:1O"---_ Budgeted Amount:..!:I$:........!:N~/~A~_____ Exhibits: DYes • No AGENDA SUBJECT: Presentation of a Certificate of Appreciation to Britain Green for work on the entry way sign for Slayter Creek Park. SUMMARY: Over the past several months Britain with the help of Funds from the CDC, donated labor, expertise, and the help of our public works staffhas finished a sign building project to earn his Eagle Scout Badge. RECOMMENDED ACTION: Presentation of the Certificate of Appreciation Item No. 10 City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: April 27, 2010 Staff Contact: Philip Sanders Account Code #:_---"N=I-"-'A=--_____ Date Prepared: 4122/10 Budgeted Amount: ___--'N~/'_"_A"'_____ Exhibits: 0 Yes DNo AGENDA SUBJECT: Consent Items. These items consist ofnon­ controversial or "housekeeping" items required by law. Items may be considered individually by any Council member making such request prior to a motion and vote on the Consent Items. a. Approve City Council Regular minutes for April 13, 2010. b. Review P & Z Regular minutes for March 1,2010. SUMMARY: RECOMMENDATION: Make a motion to approve the consent items .. Item No. 7 City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: April 27, 2010 Staff Contact: Wayne Cummings Account Code #:_-----=N....!!~A~_____ Date Prepared: 4/21110 Budgeted Amount:___--=-N~/A"'""'____ Exhibits: 0 Yes 0 No AGENDA SUBJECT: ConsiderlDiscuss/Action on approval of the FY 2009 Audit Report. SUMMARY: The City Auditor presented the audit to the City Council at the Regular Meeting on April 13, 2010. The Council Tabled approval until this meeting to have time to study the audit and ask questions. If you have questions about the audit please contact Philip or myself to answer your questions or have the Auditors at the meeting to answer any questions you may have on the Audit. RECOMMENDED ACTION: Approve the Audit. ItemNo.~ City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: April 27, 2010 Staff Contact: Philip Sanders Account Code #: _--::;.1.;;.,0-..;;,5..;.,;43"'--____ Budgeted Amount:-"'$'-!.4=05=,9"'-'1"""'1-'-'.7...;:::;6____ Exhibits: 0 Yes DNo AGENDA SUBJECT: ConsiderlDiscussl Action on an Ordinance authorizing the creation of the City of Anna Fire Department. SUMMARY: Anna Fire Rescue (commonly referred to as the Anna Volunteer Fire Department) is not a City agency, but rather a separate non-profit organization with whom the City of Anna has a contract to provide fire protection within the City. As part of the contract, the City provides payments to Anna Fire Rescue that cover personnel costs and other operating costs of the department. Last year, while we were preparing the FY 2010 budget, the Fire Chief suggested that the City Council consider creating a City fire department that would operate under the direction of the City Manager with oversight from the City Council just as other City departments. The proposed FY 2010 budget includes money to operate a City of Anna fire department which will still rely primarily on volunteer fire fighters. In addition to the three full-time positions currently supported by the City, the approved FY 2010 budget includes funding to hire a full­ time fire chief. Funding to operate the department would continue to come from the City's general operating fund and would include (once the City department is created) money generated from department operations as outlined in the adopted budget. We anticipate that a non-profit volunteer organization will continue to exist and that fund raising efforts by the organization will continue to supplement the operational needs of the department. The attached Ordinance accomplishes the following: • the creation of the Anna Fire Department as a City Department of the City of Anna, Texas and a description of the Fire Department's services and service boundaries; • the establishment of the position of Fire Chief and description of the Fire Chiefs qualifications; • the authority of the City Manager to appoint the Fire Chief; • the authority of the Fire Chief in consultation with the City Manager to fonn the membership and structure of the Anna Fire Department and to establish job descriptions and a chain of command; ItemNo.~ City Secretary's use only • the requirements regarding certifications and qualifications of the members of the Anna Fire Department; • the requirements regarding the oath of each member of the Anna Fire Department; • the requirements regarding establishment of uniforms and badges of the Anna Fire Department; • the authority of the City Manager to amend or terminate current agreements and to take further action to allow the Fire Department to become fully operational; • the establishment of a target date of July 1,2010 for the Anna Fire Department to be fully operational; and, • the duty of the City Manager to promptly propose any budget amendments that may become necessary. RECOMMENDATION: The City Charter provides that the City Council, after hearing recommendations of the City Manager, may establish departments, offices, or agencies of the City. Staff recommends approval of this Ordinance creating the City of Anna Fire Department. .. ., Staff Report Council Meeting: April 27, 2010 Staff Contact: Philip Sanders AccountCode#: ______________ Budgeted Amount: __$=2=,0=0,...0~______ Exhibits: 0 Yes ONo AGENDA SUBJECT: ConsiderlDiscuss! Action on a Resolution approving and agreement with the Greater Anna Chamber of Commerce for the production of a Fourth-of-July Fireworks Display_ SUMMARY: Last year the City Council authorized an agreement with the Greater Anna Chamber of Commerce for the production of a Fourth-of-July fireworks show. As part of the agreement the City provided the Chamber $2000 to purchase fireworks for the show. The Chamber is requesting that the City Council authorize a similar agreement to support the 2010 fireworks show. The $2,000 is available in the City Council's miscellaneous services budget. RECOMMENDATION: Staff Recommends approval of the attached Resolution and Agreement. Item No. II City SecretaJy's use only City of Anna City Council Agenda Staff Report Council Meeting: April 27. 2010 Staff Contact: Chief Jenks Account Code #:__________ Date Prepared: 4/21110 Budgeted Amount: _________ Exhibits: 0 Yes l'8.No AGENDA SUBJECT: ConsiderlDiscussl Action on a Resolution approving the submission of a grant application for the Accident Reduction and Investigation Project to the Office of the Governor, Criminal Justice Division. (Chief Jenks) SUMMARY: FY 2011 Accident Reduction/Investigation Project; Project amount: $80,000; Funding Source: Justice Assistance Grant (JAG). This project is designed to reduce the number of accidents officers work at any given time. It allows officers to work in an overtime capacity to help reduce the accident call load on the on­ duty officer. Providing support to the patrol officers, the officer on overtime would be responsible for investigating accidents when they occur. When not investigating traffic collisions, the officer, through visibility and traffic contacts, focuses on accident reduction and traffic law compliance. Furthermore, overtime dollars provide for coverage during major accident investigations; rather than relying on other agencies to answer calls for service, Anna officers would be called in to relieve the on-duty patrol officer at the accident scene. This project also includes the purchase of a new vehicle. This grant is 100 percent funded with no match required. RECOMMENDATION: We recommend that the Council approve the Resolution designating the City Manager as the Authorized Official for the grant application giving him the power to apply for, accept, reject, alter, or terminate the grant on behalf of the City. Item No. .I.d­ City Secretary's use only Y{OUB}BOllll!:'l'OWN City of Anna City Council Agenda Staff Report Council Meeting: April 27, 2010 Staff Contact: Clark McCoy Account Code #:_---'N:....:..:..;A=---______ Budgeted Amount:...O!$'--'N~A:...=......______ Exhibits: 0' Yes DNo AGENDA SUBJECT: ConsiderlDiscussl Action on Anna Five, Ltd. V. Lennar Homes 0/ Texas Land & Construction, Ltd., HLL Land Acquisitions O/Texas, L.P., Lennar Homes Of Texas Inc., & Lennar Texas Holding Company Cause No. 366-00970-2008 filed in the 366th District Court, Collin County, Texas SUMMARY: This matter is on the closed session agenda for discussion. The proposed settlement would fully resolve all matters pending between the City and the other parties with the City paying no funds and the City being granted a permanent drainage easement for the drainage improvements forming the subject ofthe dispute. RECOMMENDED ACTION: Agreement be approved. ItemNo.~ City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: April 27, 2010 Staff Contact: Philip Sanders Account Code #: _--:;;..10.;;<.,.-..::;.5=80::;....-=67.:..,.;0=3___ Budgeted Amount:_....;$=3:;..>.,9"""'8=5;.:..:.0=5:.-______ Exhibits: 0 Yes DNo AGENDA SUBJECT: ConsiderlDiscussl Action on a Resolution regarding the approval of and authority to execute PID agreement for Urban Crossing Public Improvement District. SUMMARY: The Urban Crossing Subdivision is located on CR 368 just south of the Hurricane Creek Country Club. There is an approximately 800 foot section of this road just prior to the entrance into Urban Crossing that is not paved. The market appeal of the subdivision will be enhanced if this section of roadway is paved, and the owner and I have had several conversations about ways to accomplish this. The attached Public Improvement District Agreement provides a way for the City and the owner to share the initial cost of the project. and would require the owner to submit an application for a Public Improvement District (PID) whereby an assessment would be placed on the lots in the subdivision that would reimburse the City of our costs. The assessment would be due when a new single family home building permit is issued for each lot in the development. Once the agreement is approved, the owner must submit the PID application which will need to be approved at a future Council meeting. RECOMMENDATION: Although this is a relatively small PID project, it does provide a framework that the City can use in the future where individuals or groups are requesting that the City spend money to enhance public facilities in a particular neighborhood or area. Staff recommends approval of the attached Agreement.