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HomeMy WebLinkAboutCCpkt2010-07-13CITY OF ANNA AGENDA NOTICE -CITY COUNCIL WORKSHOP July 13, 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., July 13, 2010, at the Anna City Hall Administration Building, located at 111 North Powell Parkway (Hwy 5), regarding the following items. 1. Call to Order 2. Roll Call and Establishment of Quorum. 3. Discussion regarding renovations to old City Hall building. (Maurice Schwanke) , 4. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071). b. Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City Council has received from a business prospect that the City Council seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City Council is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code §551.087); Image Vision Labs. The council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. 1. The Council may vote and/or act upon each ofthe 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. 07-13-10 CC Regular Meeting Agenda.doc Posted 07-09-10 5. Discussion regarding health insurance for City Council Members. (Philip Sanders) 6. Discussion regarding regulation of smoking in public places. (Council Member Green) 7. Discussion regarding any item on the City Council's July 13, 2010 Regular Meeting Agenda Notice, which was posted at the same date, time and place of this Workshop Agenda Notice. 8. 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 9,2010. 1. The Council may vote and/or act upon each ofthe items listed in this agenda 2. The Council reserves the right to retire into executive session concerning any 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. 07-13-10 CC Regular Meeting Agenda.doc 2 Posted 07-09-10 ltemNo·3w City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: July 13,2010 Staff Contact: Maurice. Schwanke Account Code #:_---=N'-'-=I-=..A=--_____ Date Prepared: 7/08/10 Budgeted Amount: ___-'N:..!!/-"-'A=---___ Exhibits: DYes DNo AGENDA SUBJECT: Remodel of 101 North Powell Parkway. SUMMARY: The utility billing and courts have moved out ofthe old blue city hall building and currently reside at the remodeled bank building. The Planning and Development, along with Finance and Human Resources remain in the building. First contact with most builders, developers, speculators, city visitors, and retail space occupants usually happens with Planning and Development. We need to work at making that first impression as positive as we can. Our entry space and work space needs a minor facelift. The porch is a very negative impression because ofthe old ragged carpet, the walls that are in poor shape and the awning that looks bad. When it is raining the awning pours the water directly onto visitors. The large existing tree is in contact with the existing awning and when windy it pushes the awning back and forth. Inside the structure a wall needs to be partially removed, a doorway built and a doorway moved. This work will allow for better work flow, better organization for files, and a better lobby area and most of all a better overall impression. We have $5,000 that was put into this year's budget looking toward these activities. RECOMMENDATION: NA ItemNo.~ City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: July 13,2010 Staff Contact: Philip Sanders Account Code #:__________ Budgeted Amount: _________ Exhibits: 0 Yes DNo AGENDA SUBJECT: Discussion regarding health insurance for City Council Members. SUMMARY: The Mayor has asked me to research the feasibility of the City providing health insurance to City Council members under the City's employee covemge with TML IEBP. We have been advised by TML that popularly elected officials may be included in the health covemge if the City adopts a resolution to cover all elected officials for full Plan benefits after consultation with the City's legal counsel. If the City opts to provide this benefit, 100% participation by all City Council members would be required except those accessing a spouse's plan, Tricare Plan and/or retirement plan. The City Charter states that"...no increase in compensation may take effect until commencement of the terms of Mayor and/or Council Members elected at the next regular election." Charter, Sec. 3.03. Currently, the City Council members serve without compensation. Any compensation provided to the City Council (including health insurance coverage) would result in an increase in compensation. Any increase in compensation for City Council members, including the provision of insurance, may be approved by the City Council at any time by ordinance, but the compensation cannot begin until after the next regular election. The 2011 cost is expected to be $390.58 per month for each covered person. If all Council members are covered, the annual cost at today's prices would be $32,808.72. This could be reduced if some Council members were able to opt out with a qualified exception. Item No. -'UJl. City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: July 13,2010 Staff Contact: Philip Sanders Account Code #:_________ Budgeted Amount: ____---­Exhibits: DYes DNo AGENDA SUBJECT: Discussion regarding regulation of smoking in public places. SUMMARY: On March 29, 2009 the City Council approved an ordinance that prohibits smoking in certain public places. Councilmember Green has asked that an item be placed on the Council agenda to discuss possible amendments to this ordinance. * The City Council of the City of Anna will meet in Regular Session at 7:30 p.m., July 13, 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 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. I. The C01mcil may vote and/or act upon each ofthe items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any ofthe items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924­ 3325 two working days prior to the meeting so that appropriate arrangements can be made. 07-13-10 CC Regular Meeting Agenda.doc 3 Posted 07-09-10 5. Consent Items. These items consist of non-controversial or "housekeeping" items required by law. Items may be considered individually by any Council member making such request prior to a motion and vote on the Consent Items. a. Approve City Council Regular minutes for June 22, 2010. b. Approve a development plat for Tommy A. Taylor. (Maurice Schwanke) 6. Public Hearing: The City Council will hear public comments regarding 2009 Annual Drinking Water Quality Report (Consumer Confidence Report). (James Parkman) 7. Public Hearing: (1~ For City Council to hear public comments regarding a request by Julia Jackson Gray and Duncan S. Gray, owners of property (Two-J Partners LLLP), concerning annexation of the following tract: A tract of land in the F. T. Daffau Survey, Abstract No. A0288 generally located south of CR 370 and west of West Crossing Blvd and adjacent to the city limits, containing 51.195 acres more or less. (Maurice Schwanke) 8. Public Hearing: (1~ For City Council to hear public comments regarding a request by Julia Jackson Gray and Duncan S. Gray, owners of property (Two-J Partners LLLP), concerning annexation of the following tract: A tract of land in the F. T. Daffau Survey, Abstract No. A0288 generally located south of CR 370 and west of West Crossing Blvd and adjacent to the city limits, containing 60.5490 acres more or less. (Maurice Schwanke) 9. ConsiderlDiscuss/Action regarding approving a Resolution approving an Interlocal Agreement for Street Maintenance with Collin County. (Philip Sanders) 10. Consider/DiscusS/Action regarding a Resolution approving an Economic Development Incentive Agreement between the Anna Economic Development Corporation and Image Vision Labs, Inc. for Incentive Grant Funds conditioned on performance criteria. (Jessica Perkins) 11. Consider/Discuss/Action regarding an Ordinance amending the City of Anna, Texas 2009-2010 Budget. (Wayne Cummings) 12. Consider/Discuss/Action regarding a Resolution authorizing payment and reimbursement for Council Member travel and training expenses. (City CounCil) 13. Consider/Discuss/Action regarding an Ordinance amending Ordinance No. 495­ 2010; amending Section 6 Certifications and Qualifications for members of the Fire Department. (Philip Sanders) 1. The Council may vote and/or act upon each ofthe items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any ofthe items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924­ 3325 two working days prior to the meeting so that appropriate arrangements can be made. 07·13-10 CC Regular Meeting Agenda.doc 4 Posted 07.09-10 14. Consider/Discuss/Action regarding a Resolution allowing Members of its City Council to simultaneously serve as a member of the City Fire Department in a Volunteer Capacity. (Philip Sanders) 15. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071). b. Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City Council has received from a business prospect that the City Council seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City Council is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code §551.087); Image Vision Labs. 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. 16. Consider/Discuss/Action on any items listed on posted agenda for July 13, 2010 City of Anna Workshop Session or any closed session occurring during this Regular Meeting, as necessary. 17. 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 9,2010. 1. The Council may vote and/or act upon each of the items listed in this agenda 2. The Council reserves the right to retire into executive session concerning any ofthe items listed on this agenda, whenever it is considered necesslllY 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 SecretlllY at 972 924­ 3325 two working days prior to the meeting so that appropriate arrangements can be made. 07-13-10 CC Regular Meeting Agenda.doc 5 Posted 07-09-10 Item No. fS"b City Secretary's use only y{OlJlU BOIlB"l"OWN City of Anna City Council Agenda Staff Report Council Meeting: July 13.2010 Staff Contact: Maurice. Schwanke Account Code #: N/A Date Prepared: 7/08/10--~~~---------- Budgeted Amount:______---::...N=IA:....::......______ Exhibits: • Yes DNo AGENDA SUBJECT: Approve a development plat for Tommy A. Taylor. SUMMARY: This development plat has been submitted for your review is located within the extraterritorial jurisdiction of the City. The proposed improvement to this tract is the moving in of a residential structure. The property is located south of FM 2862 and east of Westmoreland Drive. The development plat meets the City of Anna development plat requirements. PLANNING AND ZONING: The Planning and Zoning Commission recommended approval of the development plat at their meeting July 7, 2010. RECOMMENDATION: The Staff recommends approval of the development plat. Item No. (p City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: July 13,2010 Staff Contact: James Parkman Account Code #:_--=.N..:.:,;IA~_____ Budgeted Amount: NIA Exhibits: X Yes DNo AGENDA SUBJECT: The City Council will hear public comments regarding 2009 Annual Drinking Water Quality Report (Consumer Confidence Report). SUMMARY: Open discussion of water quality. STAFF RECOMMENDATION: No recommendation needed. Item No. 7 city Secretary's use oo1y City of Anna City Council Agenda Staff Report Council Meeting: July 13, 2010 Staff Contact: Maurice. Schwanke Account Code #:._---'N'-"/C!;.A~_____ Date Prepared: 7/08/10 Budgeted Amount:. ___~N~/A~___ Exhibits: • Yes DNo AGENDA SlJBJECT: Public Hearing: (1~ For City Council to hear public comments regarding a request by Julia Jackson Gray and Duncan S. Gray, owners of property (Two-J Partners LLLP), concerning annexation of the following tract: A tract ofland in the F. T. Daffau Survey, Abstract No. A0288 generally located south ofCR 370 and west of West Crossing Blvd and adjacent to the city limits, containing 51.195 acres more or less. SlJMMARY: This tract being requested for annexation is within the City of Anna extraterritorial jurisdiction. This is a voluntary request with the owners being Two-J Partners LLLP (Julia and Duncan Gray). The tract is adjacent to the Current City Limits and south ofthe Anna water tower and southwest of the new high school being constructed. Additionally, the tract will have future Hackberry Drive traversing the southern edge of the property and Ferguson Parkway traversing the western edge. Prior to the establishment of a use, the property needs to be annexed and zoned appropriately for the area. A zoning request has been submitted and will be reviewed at the Planning and Zoning Commissions August meeting. PLANNING AND WNING: The Planning and Zoning Commission recommended approval ofthe annexation request at their meeting July 7, 2010. RECOMMENDATION: The stafIrecommends approval ofthe annexation request Item No. 8 City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: July 13, 2010 Staff Contact: Maurice Schwanke Account Code #:_~N...:!.!/..!..A~_____ Date Prepared: 7/0811 0 Budgeted Amount:.___--"'-N=IA=-___ Exhibits: • Yes DNo AGENDA SUBJECT: Public Hearing: (1 st) For City Council to hear public comments regarding a request by Julia Jackson Gray and Duncan S. Gray, owners of property (Two-J Partners LLLP), concerning annexation of the following tract: A tract of land in the F. T. Daffau Survey, Abstract No. A0288 generally located south of CR 370 and west of West Crossing Blvd and adjacent to the city limits, containing 60.5490 acres more or less. SUMMARY: This tract being requested for annexation is within the City of Anna extraterritorial jurisdiction. This is a voluntary request with the owners being Two-J Partners LLLP (Julia and Duncan Gray). The tract is adjacent to the Current City Limits and south ofthe Anna water tower and southwest of the new high school being constructed. Additionally, the tract will have future Hackberry Drive traversing the southern edge ofthe property. Prior to the establishment of a use, the property needs to be annexed and zoned appropriately for the area. A zoning request has been submitted and will be reviewed at the Planning and Zoning Commissions August meeting. PLANNING AND ZONING: The Planning and Zoning Commission recommended approval of the annexation request at their meeting July 7, 2010. RECOMMENDATION: The staff recommends approval ofthe annexation request. ItemNo·L City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: July 13, 2010 Staff Contact: Philip Sanders Account Code #:_________ Budgeted Amount: ____~-~__ Exhibits: 0 Yes DNo AGENDA SUBJECT: ConsiderlDiscussi Action regarding a Resolution approving an Inter­ local Agreement for Street Maintenance with Collin County. SUMMARY: Several year's ago the City of Anna and Collin County entered into an Inter-local Agreement regarding street maintenance. The Agreement authorizes the City to contract with Collin County to perform maintenance work on City streets where the maintenance work is performed by County employees or under a County contract We regularly ask the County to perform maintenance on some of the more rural streets located within the City limits. The County has recently updated the Inter-local Agreement and is asking that the City re­ authorize the updated Agreement. The new Agreement is substantially similar to the previous agreement with a few differenced noted below: Paragraph III "To the fullest extent allowable by law" was moved from opening the paragraph to closing the paragraph and the word "fullest" has been removed; Paragraph IV "an initial term of one year, but shall automatically renew for successive one year terms" has been removed and replaced with "a period of four (4) years." There are also minor typos, for example "county," when referencing Collin County is not capitalized. These are minor errors and would not affect the meaning of the agreement RECOMMENDATION: Staff recommends approval of the Resolution authorizing the revised Agreement. ItemNo.~ City Secretary's use only CITY OF ANNA, TEXAS City of Anna City Council Agenda Staff Report Council Meeting: July 13,2010 Staff Contact: Jessica Perkins Account Code #:_----:nJ=a=--______ Budgeted Amount: __nJ=-=a'--_____ Exhibits: X Yes 0 No AGENDA SUBJECT: ConsiderlDiscussl Action regarding a resolution approving an agreement between the Anna Economic Development Corporation and Image Vision Labs, Inc. ("IVL") providing incentive grants conditioned on perfonnance criteria. . SUMMARY: At the last City Council meeting the agreement was passed and then IVL requested some changes to the agreement. To date very little substantive content has changed. The key components of the agreement are a grant in the amount of $110,000 ($80,000 for 6 months of operating expenses and $30,000 for 12 months office rental space). According to the terms of the agreement IVL will create 10 jobs in 24 months and maintain those jobs and operate the business in Anna for 10 years. The failure of IVL to do so would obligate IVL to repay the full amount of the grant or declining percentages of the grant depending on when the failure occurs. STAFF RECOMMENDATION: Staff recommends you adopt the resolution in support ofthe incentive agreement. Item No. II City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: July 13, 2010 Staff Contact: Wayne Cwnmings Account Code #:._------'N"--!!...!.IA~______ Date Prepared: 07/07/10 Budgeted Amount: NIA Exhibits: 0 Yes 0 No AGENDA SUBJECT: ConsiderlDiscuss/Action regarding an Ordinance amending the City of Anna, Texas 2009-2010 Budget. SUMMARY: The Police Department has a 2005 Ford Police Interceptor (Crown Victoria) with 134,000 miles. This vehicle is beyond its useful life and needs to be replaced as maintenance costs for major ticket items that need attention (transmission and air conditioning system) cost more than the car is worth. With the swnmer upon us, the maintenance issues with the entire police fleet are amplified. When one car is down then the wear and tear on the remaining cars increases and the 2008 Dodge Chargers are not holding up. It will cost $25,000 to purchase and up-fit (transfer the equipment from old to new) a replacement 2010 Ford Police Interceptor and the money is readily available from current budgeted funds. The FY 2010 budget included full salaries for two civilian employees in the Police Department. When the JAG Grant was awarded to the Department to fund two new employees (Evidence Technician and Records Manager), those positions were filled from within, saving the unused salary money budgeted for the positions that were vacated. The $25k needed for the replacement vehicle is in the GIF budget and we request that money to be reallocated to fill the need for the police patrol vehicle. The additional funds are shown as part of the transfer in (10-550-5805) for $81,724.64 The Changes to the Fire Department are to reflect the Fire Department becoming a City Department on July 1st and the employees becoming employees of the City. Funds were given to the A VFD for the first three quarters with the City taking over payments for the balance of the year. RECOMMENDED ACTION: Approve the amendment. ItemNo.}L City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: June 8, 2010 Staff Contact: Philip Sanders Account Code #:_1;;,.;;0.... _________-C_..C_..-..,;:;6..:.;72 1 Budgeted Amount:._$",-,lo...>.,0=5:;..;::0=.0:..::0,-_~__ Exhibits: 0 Yes ONo AGENDA SUBJECT: ConsiderlDiscussl Action regarding a Resolution authorizing payment and reimbursement for Council Member travel and training expenses. SUMMARY: The McKinney Chamber of Commerce sponsors the annual North Collin County Leadership Program (NCCLP). The objective of the NCCLP is to provide the North Texas region with a diverse group of individuals, representing all sectors of the region, who are committed to assuming a greater responsibility for the future of the area through leadership. This challenging educational experience is designed to: • develop your awareness ofthe Northern Collin County region • provide participants with personal leadership training • enhance networking for positive accomplishments throughout the region • and instill the practice ofvolunteer service in each participant through a commitment to the alum association. Council Member Glover and Council Member Anderson have expressed an interest in participating in the 2010-11 program. The application fee is $25 and the program tuition is $500 per participant. The attached Resolution authorizes the payment and reimbursement of expenses incurred by members of the City Council who are accepted to participate in this program. RECOMMENDATION: Staff recommends approval ofthis Resolution. ItemNo.~ City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: July 13,2010 Staff Contact: Philip Sanders Account Code #:_________ Budgeted Amount: ____---­Exhibits: 0 Yes DNo AGENDA SUBJECT: ConsiderlDiscussl Action regarding an Ordinance amending Ordinance No. 495-2010; amending Section 6 Certifications and Qualifications for members of the Fire Department; SUMMARY: Under Ordinance No. 495-2010, adopted by the Council on April 27, 2010, the qualifications for members ofthe fire department (including volunteers) are as follows: "The Fire Chief and each member of the Anna Fire Department shall be certified as a fire fighter by and pursuant to the standards of the Texas Commission of Fire Protection (It Commission"), under Chapter 419, Texas Government Code, and all other applicable law, and must be trained, tested and certified by the Commission to these same standards. Each member of the Anna Fire Department must further have attained all additional qualifications required under any applicable law for the position held by such member." (Sec. 6.01) As written, volunteer firefighters are required to obtain the same state-mandated certifications that would apply to the same classification of a paid firefighter. If the standards for volunteers remain the same as paid firefighters, then the City might lose or not be able to fmd volunteers that could otherwise be beneficial to the department. The resolve this issue, Staff is recommending that the ordinance be revised as shown in the attached amendment. If revised in this manner, the eligibility standards for volunteers would be determined by the Fire Chief as part of other fire department policies, that would be subject to the approval ofthe City Manager. RECOMMENDATION: Staff recommends approval of the attached Ordinance. ItemNo.J!L City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: July 13, 2010 Staff Contact: Philip Sanders Account Code #:_________ Budgeted Amount:.____--___ Exhibits: 0 Yes DNo AGENDA SUBJECT: ConsiderlDiscussi Action a Resolution allowing members of the City Council to simultaneously serve as a member of the City Fire Department in a volunteer capacity. SUMMARY: Mayor Driskell has asked the staff to determine how members of the City Council can serve in a volunteer capacity as members of the City Fire Department. The City Attorney has determined that under State Law the Council must approve a Resolution authorizing such volunteer service. The attached Resolution authorizes members of the City Council to serve in a volunteer capacity as members of the Fire Department. Council members who undertake such service will need to comply with applicable provisions of the City Charter, City of Anna Personnel Policy Manual, and City Ethics Code as they relate to City volunteers, conflicts of interest, and appropriate interactions between Council Members and City Staff.