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HomeMy WebLinkAboutCCpkt2012-01-10l y{OUR} HOMETOW N CITY COUNCIL MEETING SIGN IN SHEET DATE: _�� /' / 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/Spealcer Registration Form to the City Secretary prior to the start of the City Council Meeting. .� ADDRESS Y{OUR} AOMETOW N CITY OF ANNA AGENDA NOTICE -CITY COUNCIL WORKSHOP January 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., January 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. Discussion regarding paving county roads with mutual or shared boundaries. (Philip Sanders) 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); William Austin Gant and Paul Eugene Gant v. City of Anna, Cause No. 380-02370-2011 in the 380th 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. 5. Discussion regarding any item on the City Council's January 10, 2012 Regular• Meeting Agenda Notice, which was posted at the same date, time and place of this Workshop Agenda Notice. 6. 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. 01-I0-12 CC Regular Meeting Agenda.doc 1 Posted 01-06-12 This is to certify that 1, Natha W11kISOn, 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., January 6, 2012. JUatPia 2U%�P> Olt 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. O1-10-12 CC Regular Meeting Agenda.doc 2 Posted 01-06-I2 w Y{OUR} IiOMETOWN CITY OF ANNA AGENDA NOTICE —CITY COUNCIL REGULAR MEETING January 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., January 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 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 Cozrncil 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 inquire 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 intef°est 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. 01-10-12 CC Regular Meeting Agenda.doc 3 Posted 01-06-12 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 December 13, 2011 Regular Meeting. b. Approve a contract amendment for emergency medical services. (Philip Sanders) c. Approve a re -plat of the "Affi Addition". (Maurice Schwanke) d. Review Planning and Zoning Regular Meeting Minutes for November 7, 2011. 6. DiscussionBriefing regarding December 24 water line break. (James Parkman) 7. Project Update/Briefing: • Utility Billing/Court Credit Card Payments • Active Shooter Grant Program • Personnel Policy Manual Update • 2012 Citizens Academy • Old Post Office Remodel Project • Fire Station Remodel Project • Fire Department ALS Program • Development Code Update • Standard Design Manual Update • Builder Sign Kiosks • Slayter Creels Park Concession Building • Slayter Creek Parlc, Phase II • Slayter Creek Trail, Phase II • Natural Springs Park Land Swap • Highway 5 Expansion Project • FM 455 Utility Relocation • FM 455 Expansion Project • FM 455 Private Median Breaks • 2012 Street Rehabilitation Project • Interurban Street Storm Sewer Project • 2012 CDBG Waterline Project • Hackberry Lane Waterline Project • Highway 5 Ground Storage Tank Rehabilitation Project • Water System CIP Study 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. O1-10-12 CC Regular Meeting Agenda.doc 4 Posted 01-06-12 • Wastewater Treatment Permit Renewal • Waste Water Treatment Option Study 8. DiscussionBriefing regarding DART utility lease agreements. (Philip Sanders) 9. Consider/Discuss/Action adopting an Ordinance regarding Municipal Court Fees. (Clark McCoy) 10. Consider/Discuss/Action regarding adopting a resolution approving the interior design layout and exterior design and the not to exceed amount from Level 5 Design for property located at 312 North Powell Parkway and authorizing the EDC Chief Administrative Officer to execute an agreement for same. (Jessica Perkins) 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); William Austin Gant and Paul Eugene Gant v. City of Anna, Cause No. 380-02370-2011 in the 380th 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. 12. Consider/Discuss/Action on any items listed on posted agenda for January 105 2012 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., January 6, 2012. .lVat�iac 2[JiePi�cuz 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. O1-]0-12 CC Regular Meeting Agenda.doc 5 Posted 01-06-12 Council Meeting: January 10, 2012 Account Code #: Budgeted Amount: Item No. 3 WS City Secretary's use only City of Anna City Council Agenda all Report Staff Contact: Philip Sanders Exhibits: ❑Yes ❑ No AGENDA SUBJECT: Discussion regarding paving county roads with mutual or shared boundaries with the City. SUMMARY: Last month I met with County Commissioner Joe Jaynes and County Public Works Director Jon Kleinheksel to discuss City participation in paving certain sections of County roads where the City and the County have joint jurisdiction. This issue has been discussed on several prior occasions with the County where the County has asked the City to spend money to pave roads at the edge of the City's jurisdiction. When we have been able to identify a financially feasible solution, the City has stepped forward and participated in the project. For example, a couple of years ago, the EDC contributed $10,000 to pave CR 376. Earlier this year, the City agreed to give land valued at $38,500 to the County for the Collin County outer loop to cover the City's total cost share to pave portions of CR 372 and CR 290. In some cases the City has not been able to participate in the County's cost share proposals. For example, last year we were asked to spend $37,000 to pave CR 474. CR 474 forms a common ETJ boundary with the City of Melissa. The property on the Anna side of CR 474 is undeveloped and no Anna residents live on CR 474. During their November 21 meeting, the Commissioner's Court discussed the issues surrounding paving County roads with a common city boundary. After a lengthy discussion, the Commissioners voted to implement a policy whereby the County will pave all the County Roads that have a common boundary with a city. The respective cities will then be expected to reimburse the County for the city share of the cost. It is still unclear how the County intends to collect from the cities. Some of the ideas suggested by the Commissioners include increasing dispatch, jail, and animal control fees for cities that haven't reimbursed the County. It was also suggested that cities that have not paid the County for paving these roads should not be eligible to receive County bond money for parks and open space or street improvements. The result of the County's new policy became clear during the County Commissioner's December 12 meeting. The City has been awarded two grants from the County's Parks and Open Space grant program to construct additions to Slayter Creek Trail. Earlier this fall the Commissioner's approved the grant awards and sent the City an Interlocal Agreement to authorize the funding. The Agreements (approved by the City in October) were on the December 12 Commissioner's agenda for approval. The Commissioner's ultimately decided not Item No. 3 WS City Secretary's use only to approve the parks grant agreements until the City and the County have an agreement regarding the paving of County Roads that have a common boundary with the City. During our meeting last month, the County Public Worlcs director provided me with an estimate of $295,962 as the total cost for paving the road sections that have a common or shared boundary with the City. Some of these roads have a section that shares a common boundary with the City which is adjacent to a section that is entirely within the City limits, which in turn is adjacent to a section that is entirely within the County. The County Public Works Director made it clear that it is the County's preference to pave the entire roadway including those sections that are entirely within the City limits, rather than have a road the is paved then gravel, then paved. If this approach is taken, the City's cost share would be $1,545,557. Under either scenario, I would not recommend using the City's very limited financial assets to pave roadways that are rarely traveled by City residents at the expense of funding road construction and paving projects in the original town of Anna that are in much greater need of repair. A possible solution could involve allowing the County to redirect funds from the 2007 County Bond program to cover the costs of these road projects which are clearly a priority for the County Commissioners The 2007 Collin County Bond Program identified $8.2 million in roadway construction projects in the City of Anna and authorized the County to issue bonds in order to find one-half ($4.1 million) of the cost of said projects. The projects mentioned in the bond program are: Mantua Rd/CR 371 (Hwy. 5 to U.S. 75 —reconstruction) $6.6 million Rosamond Pkwy. (Hwy 5 to U.S. 75 — Engineering/right-of--way) $519,750 FM 455 (U.S. 75 to East Fork Creek — Engineering/right-of-way) $520,000 Ferguson Pkwy. (FM 455 to Foster Crossing Rd. — Engineering/right-of-way) $594,000 Earlier this year, the City and the County agreed to reduce the County bond funds available for the Mantua Road project by $800,000 ($3.3 million down to $2.5 million) in order to help fund the utility relocation necessary for the FM 455 expansion project. If the County is willing, the City might agree to allow the County to further redirect County bond funds available for Mantua Road to pay for the paving of the County roads that share a common boundary with the City. This would reduce the amount of County bond money available for Mantua road down to $2.2 million or (if the desire is to pave the entire County roadways including those sections that are entirely within the City limits) down to $1 million. I asked Commissioner Jaynes if he thought that this would be a viable solution and he said that he thought it would be agreeable. County Public Works Director Jon Kleinheksel will be at our workshop to discuss this issue with the City Council. Maurice will prepare a map that will show all the road sections that the County would like us to pay for. The Commissioner's are schedule to reconsider the Park Grant ILA's during their January 23 meeting. City Road County Shared City Totaf Miies Column A Column f3 City Cosfi to pave City Cost to pave shared segment only City portion and shared segments Precinct Council Meeting:_ January 10I 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: 1-6-12 Exhibits: ❑Yes ❑ No Council Meeting: January 10I 2012 Account Code #: N/A Item No. 2 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: Budgeted Amount: N/A Exhibits: ❑Yes AGENDA SUBJECT: Invocation and Pledge of Allegiance. SUMMARY: RECOMMENDATION: ❑ No rA Council Meeting: January 10, 2012 Account Code #: N/A Budgeted Amount: N/A Item No. 3 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 1-6-12 Exhibits: ❑Yes ❑ No AGENDA SUBJECT: Citizen Comments. Citizens are 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 °esponse to the inquiry. SUMMARY: RECOMMENDATION: Council Meeting: January 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: 1-6-12 Exhibits: ❑Yes ❑ No AGENDA SUBJECT: Receive reports firom Staff or the City Council about items A community interest. Items of community interest include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salittar y 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. SUMMARY: RECOMMENDATION: r �ac•�a��r�•si.�y,� Council Meeting: January 10, 2012 Account Code #: N/A Budgeted Amount: N/A Item No.5 (a-d) City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 1-6-12 Exhibits: ❑Yes ❑ No AGENDA SUBJECT: Consent Items. These items consist of non -controversial or "housekeeping" items required by law. Items may be considered individually by any Council member making such request prior to a motion and vote on the Consent Items. a. Approve City Council Minutes for December 13, 2011 Regular Meeting. b. Approve a contract amendment for emergency medical services. (Philip Sanders) c. Approve a re -plat of the "Affi Addition". (Maurice Schwanke) d. Review Planning and Zoning Regular Meeting Minutes for November 7, 2011. SUMMARY: RECOMMENDATION: Staff recommends approval of the consent items. MINUTES OF CITY OF ANNA AGENDA NOTICE - CITY COUNCIL WORKSHOP December 13, 2011 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., December 13, 2011, at the Anna City Hall Administration Building, located at I I I North Powell Parkway (Hwy 5), regarding the following items. 1. 2. 3. Call to Order Mayor Darren R. Driskell called the meeting to order at 6:30 pm. Roll Call and Establishment of Quorum. Mayor Darren R. Driskell and Council Members Mike Crist, Kevin Anderson, Keith Green and March Hendricks were present. Council Member Becky Glover arrived 6*35 pm. Council Member John Geren was absent. Discussion regarding May 12, 2012 Election. (Natha Wilkison) City Secretary, Natha Wilkison updated council members regarding a cost estimate and holding a joint Anna ISD election. Council Member Crist made the motion to enter closed session at 6:36 pm. Council Member Hendricks seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 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); application of building/maintenance regulations to structure at 323 E 7th St. b. Personnel Matters: City Manager annual review. (Tex. Gov't Code §551.074). c. Personnel Matters: Discussion regarding Fire Chief. (Tex. Gov't Code §551.074). 12-13-11 CC Regular Meeting Minutes 1 12-13-11 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 Crist made the motion to return to open session at 7:14 pm. Council Member Green seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 5. Discussion regarding any item on the City Council's December 13, 2011 Regular Meeting Agenda Notice, which was posted at the same date, time and place of this Workshop Agenda Notice, None 6. Adjourn. Council Member Crist made the motion to adjourn at 7:14 pm. Council Member Hendricks seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 ATTEST: APPROVED: Natha Wilkison, City Secretary Darren R. Driskell, Mayor 12-13-II CCRegularMeetingMinutes 2 12-13-11 MINUTES OF CITY OF ANNA AGENDA NOTICE — CITY COUNCIL REGULAR MEETING December 139 2011 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., December 13, 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. Mayor Darren R. Driskell called the meeting to order at 7:30 pm. 2. Invocation and Pledge of Allegiance. Mayor Driskell gave the invocation. 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 (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. City Manager, Philip Sanders thanked council for supporting a successful Anna Christmas parade. 12-13-1 I CC Regular Meeting Minutes 3 12-13-i 1 Mayor Driskell mentioned that the Anna Fire Department had submitted grant applications and received a $1000.00 check from Farmers Insurance. 5. Consent Items. These items consist of non -controversial or "housekeeping" items requited 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 November 8, 2011 Regular Meeting. b. Approve Leutwyler Addition Re -plat. (Maurice Schwanke) c. Review P & Z September 12, 2011 Regular Meeting minutes. d. Review P & Z October 20, 2011 Special Meeting minutes. e. Authorize City Staff to solicit bids or proposals for the fire station remodel project. (Philip Sanders) Council Member Crist made the motion to approve the consent items. Council Member Green seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAINED 0 6. (a) Public Hearing: To consider public comment on a request by Bloomfield Homes, owner(s) of property, requesting changes to a Planned Development zoning district by amending the existing Planned Development (PD) Ordinance Number 133-2004 (PD) on twenty-six (26) lots from a maximum 40% coverage to a maximum coverage of 45% of the lot area. The subject properties are located in the West Crossing Subdivision east of West Crossing Blvd and north of Hackberry Drive. (Maurice Schwanke) Maurice Schwanke, Director of Planning and Development presented the item to council and answered questions. Mayor Driskell opened the public at 7:35 in. There was no public comment. Mayor Driskell closed the public hearing at 7:35 pm. (b) Consider/Discuss/Action regarding adopting an ordinance amending the City's comprehensive plan, zoning map and zoning ordinance and changing the zoning of certain property. The owner(s) is requesting changes to the Planned Development zoning by amending the existing Planned Development (PD) Ordinance Number 133-2004 (PD) on twenty- six (26) lots from a maximum 40% coverage to a maximum coverage of 45% of the lot area. The subject properties are located in the West Crossing Subdivision east of West Crossing Blvd and north of Hackberry Drive. (Maurice Schwanke) Council Member Crist recused himself. Council Member Green made the motion to approve. Council Member Anderson seconded the motion. Motion passes. 12-13-] l CC Regular Meeting Minutes 4 12-13-ll AYE 5 NAY 0 ABSTAINED 0 7. (")Public Hearing: To consider public comment regarding amendments to the Anna City Code of Ordinance, Part III — A Subdivision Ordinance. (Maurice Schwanke) Maurice Schwanlce, Director of Planning and Development presented the item to council and answered questions. Mayor Driskell opened the public hearing at 7:40 pm. There was no public comment. Mayor Driskell closed the public hearing at 7:40 pm. (b)Consider/Discuss/Action regarding adopting an ordinance amending the Anna City Code of Ordinance, Part III -A Subdivision Ordinance. (Maurice Schwanke) Council Member Crist made the motion to approve with the amendments. Council Member Glover seconded the motion. Motion passed. AYE 6 8. Consider/Discuss/Action regarding adopting an Ordinance amending the Anna City Code of Ordinances, Part III-D (Sign Regulations), revising existing regulations and establishing new regulations related to signs: amending the Anna City Code of Ordinances Part IV (Schedule of Fees), Article 6 (Sign Fees), revising existing regulations related to sign fees. (Maurice Schwanke) Maurice Schwanlce, Director of Planning and Development presented the item to council and answered questions. Council Member Crist made the motion to approve. Council Member Green seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAINED 0 9. Consider/Discuss/Action approving a Resolution authorizing the City Manager to execute a contract with National Sign Plazas (NSP) to establish a builder directional sign program. (Maurice Schwanke) Maurice Schwanke, Director of Planning and Development presented the item to council and answered questions. Council Member Glover made the motion to approve. Council Member Hendricks seconded the motion. Motion passed. AYE 6 NAY 0 ABSTAINED 0 12-13-11 CC Regular Meeting Minutes 5 12-13-11 10. Consider/DiscussiAction approving a Resolution authorizing the City Manager to execute the 2012 Facilities Use Agreement with the AYSA. (Maurice Schwanke) City Manager, Philip Sanders presented the item to council and answered questions. Mr. Sanders recommended that council take no action at this time. Council Member Anderson made the motion to take no action. Council Member Crist seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAINED 0 11. Consider/Discuss/Action approving a resolution regarding the selection of a Design/Build Firm for renovation of property located at 312 North Powell Parkway and authorizing the EDC Chief Administrative Officer to execute an agreement for same. (Jessica Perkins) Jessica Perkins, Assistant to the City Manager presented the item to council and answered questions. Council Member Crist made the motion to approve. Council Member Anderson seconded the motion. Motion passes. AYE 6 NAY 0 12. Council Briefing/Discussion regarding a proposed Hackberry Lane waterline project. (James Parkman) James Parkman, Director of Public Works presented the item to council and answered questions. 13. Discussion regarding proposed membership in the TEX-21 U.S. 75 Task Force. (Philip Sanders) Philip Sanders, City Manager presented the item to council and answered questions. 14. Consider/Discuss/Action Approving a Resolution Voting for a candidate or candidates for the Board of Directors, Collin Central Appraisal District. (Natha Wilkison) City Secretary, Natha Wilkison presented the item to council and answered questions. Mayor Driskell made the motion to vote for Reed Greer, Mayor of Melissa. Council Member Crist seconded the motion. Motion passes. FAV NAY 0 ABSTAINED 0 12-13-II CCReg�ilarMeetingMinutes 6 12-13-11 Council did not enter into executive session at this time 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), application of building/maintenance regulations to structure at 323 E 7th St. b. Personnel Matters: City Manager annual review. (Tex. Gov't Code §551.074). c. Personnel Matters: Discussion regarding Fire Chief. (Tex. Gov't Code §551.074). 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 December 13, 2011 City of Anna Workshop Session or any closed session occurring during this Regular Meeting, as necessary. Council Member Crist made the motion to take no action. Council Member Green seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAINED 0 17. Adjourn. Council Member Anderson made the motion to adjourn at 8:04 pm. Mayor Driskell seconded the motion. Motion passes. ATTEST: APPROVED: City Secretary, Natha Willcison Mayor, Darren R. Driskell 12-I3-11 CC Regular Meeting Minutes 7 12-13-I i Council Meeting: January 10, 2012 Account Code #: Budgeted Amount. Item No. 5 (b) City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Exhibits: ❑Yes ❑ No AGENDA SUBJECT: Approve a contract amendment for emergency medical services. (Philip Sanders) SUMMARY: Last fall I advised the Council that we received our FY 2012 assessment from Collin County for ambulance service. The assessment is about $12K more than last year. While we were expecting a roughly 3% increase, the formula the County uses to calculate the individual city assessments assigned a slightly larger percentage of the total population served by the contract to Anna. This resulted in a larger increase than expected. The contract is billed on a quarterly basis. Depending on other expenses that occur throughout the year, it is possible that we will need to increase the Ambulance Service budget during the last quarter of the fiscal year. This can be done either through budget amendment or contingency allocation. RECOMMENDATION: A copy of the 2012 County EMS contract amendment is attached. Staff recommends that Lite Council approve the contract amendment. Office of the Purchasing Agent Collin County Administration Building Contract Amendment One (1) 2300 Bloomdale Rd, Ste 3160 McKinney, TX 75071 972-548-4165 Vendor: City of Anna ' Attn: City Manager 101 N. Powell Parkway Anna, TX 75409 Awarded by Court Order No.: 2008-873-10-14 Contract Amendment Court Order No.: Agr. Coop. Purchasing to Provide EMS City of Contract Anna (Northern Coalition) Contract No. AGR No. Effective Date 1-Nov-11 YOU ARE DIRECTED TO MAKE THE FOLLOWING AMENDMENT TO THIS CONTRACT 1. Payment for Contract year November 1, 2011 through October 31, 2Q12 is $114,781.91. Except as provided herein, al! terms and conditions of the contract remain in full force and effect and may oni ACCEPTED BY: be modified in writing signed by both parties. (Print Name} City of Anna Attn: City Manager 101 N. Powell Parkway Anna, TX 75409 SIGNATURE TITLE: DATE: ACCEPTED AND AUTHORIZED BY AUTHQRITY OF COLLIN COUNTY COMMISSIONERS' COURT Collin County Administration Building 2300 Bloomdale Rd, Ste 3160 McKinney, Texas 75071 Frank Ybarbo Purchasing Agent DATE: Council Meeting: Jamzary 10, 2012 Account Code #: N/A Item No.5 (c) City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Maurice Schwanke Date Prepared: O1/OS/12 Budgeted Amount: N/A Exhibits: ■Yes ❑ No AGENDA SUBJECT: Approve a re -plat of the "Affi Addition". SUMMARY: The Affi Addition is a re -plat to move the existing lot line between lot 1-R and lot 2 to the west approximately 38.2 feet to accommodate the pending sale of the eastern portion of the tract. The new lot line will correspond to the existing pavement that is on the tract. PLANNING AND ZONING ACTION: The Planning and Zoning Commission recommended approval of the re -plat at their meeting on January 3, 2012. The vote was unanimous. RECOMMENDED ACTION: Approval of the re -plat. Item No.S c City Secretary's use only `NJ p- 9€��� k sn d S etc !' 08IIrAaF d pgl §i° xrrHg Y 3f €'ki Fd @e as*` �� €c eaii i < 4+3 �� k x a Spa ) s rya ig ° v,55 # a� ttr,de @1.Stt� Fig a E i $� �a � �.� R •}$��s�.� d `is� t`ai e.ikp�3 t�`� x� ��i �s��i�•,� i� $ � n � i � p�p h„ qi IIg�&4��3h�¢Y'a El? k{ �yS'Cr+a`���?� k�: �'St1 .'�'�? �TT2�: iik.1 �F ��S fs$g,c' II n IIa i4 2 z( 4 ti zLN It Nr A k46 q s --- b��'- c�i fjg TTT rsi� � 4y I j: Tst FI �IND, a_ y 3 4 � 3 T rr r�? /� t $�kbs a 4k c � �? h I r i Item No.S c City Secretary's use only PLAN1I]U14G AND ZONING COMMISSION REGULAR MEETING November 7, 2011 The Planning and Zoning Commission of the City of Anna held it regular meeting on Monday, November 7, 2011, at 7:00 p.m., at the Community Room of the Anna City Hall Administration Building located at 111 North Powell Parkway (Hwy 5), to consider the following items. 1. Call to order and establishment of quorum. The meeting was called to order at 7:00 p.m. by Chairman Halsell. Members present were Tony Halsell, Louis Musemeci, Jennifer Strange, Justin Burr and Rick Skotzke. Staff present was Maurice Schwanke and Tana Ross. Darrin Colombo, Aaron Towner and Kevin Anderson, city council liaison were absent. 2. Invocation and Pledge of Allegiance Mr. Schwanke gave the invocation and led the Pledge of Allegiance. 3. Consider/Discuss/Act on recommendation regarding a re -plat of the "Leutwyler Addition". Mr. Schwanke gave a presentation regarding the "Leutwyler Addition" re -plat. The plat submitted is located within the extraterritorial jurisdiction of the City. This property was previously platted and approved by Council on October 12, 2010. The owner wishes to further subdivide lot 2 into two lots (lot 2A and lot 2B). Additionally, since this land is in Collin County and the lots are in the ETJ and will be served by septic system additional notes and a sign off block by the County are on the face of the plat. Collin County has finished their review and has approved the notes placed on the plat. The previous plat for this area required the installation of a fire hydrant for fire protection. The fire hydrant has been installed. A motion was made by Mr. Barr to approve the "Leutwyler Addition" re -plat. Mr. Musmeci seconded the motion. The vote was unanimous. Public Hearing: To consider public comment on a request by Bloomfield Homes, owners) of property, requesting changes to a Planned Development zoning district by amending the existing Planned Development (PD) Ordinance Number 133-2004 (PD) on twenty-six (26) lots from a maximum 40% coverage to a maximum coverage of 45% of the lot area. The subject properties are located in the West Crossing Subdivision east of West Crossing Blvd and north of Hackberry Drive. The Public Hearing was opened at 7:08 p.m. Mr. Schwanke gave a presentation and answered questions from the commission. He noted that Bloomfield Homes is requesting revisions to the lot coverage in the PD 433-2004 from a maximum 40% coverage to a maximum coverage of 45% of the lot area on the following lots: • Lots 3-7, 12,1448, 26-28, 30-32 Block J • Lots 4,5, Block I PZC Agenda 11-07-11.doc Page 1 of 3 11-07-11 • Lots 440 Block M This request will allow Bloomfield Homes the option of constructing their larger product on these lots. He also noted that the staff is in favor of this request. The homes will add additional variety to the area so that uniformity within the subdivision will be reduced. Don Dykstra, representative for Bloomfield Homes, gave a brief presentation and answered questions from the Commissi anon. Mr. Andrew M1%0 V ", resident at 902 Fulbourne, adjacent to subject property, was in opposed to the zoning request. The Public Hearing closed at 7:15 p.m. (b) Consider/Discuss/Act on recommendation regarding an ordinance amending the City's comprehensive plan, zoning map and zoning ordimance and changing the zoning of certain property. The owner(s) is requesting changes to the Planned Development zoning by amending the existing Planned Development (PD) Ordinance Number 133-2004 (PD) on twenty-six (26) lots from a maximum 40% coverage to a maximum coverage of 45% of the lot area. The subject properties are located in the West Crossing Subdivision east of West Crossing Blvd and north of Hackberry Drive. A motion was made by Mr. Burr to approve the zoning request. Mr. Musmeci seconded the motion. The vote was unanimous. 5. Consider/Discuss/Act on recommendation regarding amendments to the Anna City Code of Ordinance, Part III -A Subdivision Ordinance, Mr. Schwanke gave a presentation regarding changes to the subdivision ordinance. He noted that over the past several months Staff has been drafting a new subdivision ordinance in order to correct deficiencies in the current ordinance and to better apply modern planning principles to new development as it occurs within the City and the ETJ. Some of the key elements include changes in regard to vested rights, rough proportionality, expiration of plats, and some design issues. The Subdivision Ordinance was previously reviewed at a special meeting of the Planning and Zoning Commission on October 20, 2011. He also noted that the Staff recommends approval of this ordinance. A motion was made by Ms. Strange to recommend to Council, approval of the new subdivision ordinance. Mr. Skotzke seconded the motion. The vote was unanimous. 6. (a) Public Ilearing: To consider public comment on recommendations on the determination as to the appropriate classification fora "Micro -Brewery" business. The Public Hearing was opened at 7:21 p.m. Mr. Schwanke gave a presentation and answered questions from the Commission regarding establishing a classification for a "Micro -Brewery" business. He noted, occasionally, a land use will be brought forward that is not addressed within existing use charts that the City has adopted. To make a determination of where a use is appropriate the City looks at various aspects of a use such as transportation requirements, type of product, anticipated employment, the amount of PZC Agenda 11-07-11.doc Page 2 of 3 11-07-11 noise, odor, fumes, toxic materials and vibration likely to be generated and the general requirements for public utilities such as water and sanitary sewer. As such the staff is recommending that uses classified as a Micro -Brewery would be appropriate in the "CBRD" district with a Specific Use Permit, and in the "C-3", "I-1" and "I-2" districts by right. (bI Consider/Dlscuss/Act on the determination as to the "VIVAropriate classification for a "Micro -Brewery" business. After a brief discussion, a motion was made by Mr. Burr to recommend to Council, classification for the "Micro -Brewery" be in the CBRD district with an SUP and the "C- 3", 4'I-151and 11I-2" districts by right. Mr. Musmeci seconded the motion. The vote was unanimous. 7. Consider action to approve Minutes of the following meetings: • September 12, 2011 Regular Meeting • October 20, 2011 Special Meeting A motion was made by Mr. Burr to approve the Minutes of the above meetings with the conditions that correction are made to the September 12t' minutes, item number 5b which reflect that the vote was 6 ayes and 1 nay with Mr. Towner opposed to the SUP request. The motion was seconded by Mr. Skotzke. The vote for the motion was unanimous. 8. Adjourn There being no further business, a motion was made by Mr. Skotzke, seconded by Mr. Musmeci to adjourn meeting. The meeting adjourned at 7:45 p.m. Maurice Schwanke t Director of Planning and Development ATTEST: PZC Agenda 11-07-11.doc Page 3 of 3 11-07-11 i Council Meeting: Janual;v 10, 2012 Item No. 6 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: James Parkman Account Code #: Budgeted Amount: Exhibits: ❑ Yes ❑ No AGENDA SUBJECT: Discussion/Briefing regarding December 24 water line break. SUMMARY: Staff will brief the Council regarding the cause and response to the December 24 waterline break that resulted in wide spread low water pressure. ■w Council Meeting: January 10, 2012 Account Code #:_ Budgeted Amount: AGENDA SUBJECT: Project Update/Briefing Item No. 7 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Exhibits: ❑Yes ❑ No SUMMARY: Staff will brief the Council regarding the status of a number of projects that we will be working on in 2012, �w Item No. 8 City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: January 10, 2012 Staff Contact: Philip Sanders Account Code #: Budgeted Amount: Exhibits: ❑ Yes ❑ No AGENDA SUBJECT: Discussion/Briefing regarding DART utility lease agreements. SUMMARY: The City currently has two lease agreements with the Dallas Area Rapid Transit (DART) that authorizes water and sewer lines to cross under the DART rail road right-of-way. The annual lease payment is currently $600 per year for each, but will increase each year by the same percentage as the annual Consumer Price Index (CPI). DART will allow the City to prepay the lease payment and thereby receive a discount. The following example provided by DART uses a CPI escalation fee of 3%, and shows what the city might expect to save on each lease by prepaying. Years Fee Savings 10 $5,511 $489 15 $7,894 $3,266 20 $10,058 $6,065 25 $125024 $%853 Although we do not currently have money in the budget to prepay the two leases, we would recommend negotiating a prepayment to take advantage of the potential savings. Council Meeting: January 10, 2012 Account Code #: Budgeted Amount: AGENDA SUBJECT: Item No..9 Formatted: Underline City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Clark McCoy Exhibits: �t Yes ❑ No Consider/Discuss/Action adopting an Ordinance regarding Municipal Court Fees. SUMMARY: The City's regulations regarding municipal court costs and fees are in Part II, Article 41 of the Anna City Code of Ordinances (the "Code"). This ordinance would add three new sections to Article 41 for the purpose of expressly setting forth in the Code certain optional court costs and fees that the City is authorized by state law to charge to defendants. In the 2011 Legislative Session, the Legislature adopted amendments to Section 102.017 of the Texas Code of Criminal Procedure related to court fees that can be charged to defendants to help fund municipal court security expenses. The amendments to the state law went into effect January 1, 2012, but there were inadvertent errors in the legislation. The Legislature adopted both a House bill (HB 2847) and a Senate bill (SB 1521), both amending Section 102.017, in an overlapping manner. The provision of Section 102.017 at issue is subsection (d4), which relates to the types of expenses that may be paid from a municipality's "courthouse security fund." House Bill 2847 added "video teleconferencing systems" as an eligible security -related expense, while Senate Bill 1521 did not do so. The inclusion of the videoconferencing systems in House Bill 2847 was drafted in a way that renumbered a portion of the list of eligible security expenses under subsection (d-l) resulting in a total of 12 items, with the 1211i item being "continuing education on security issues for court personnel and security personnel," an eligible expense that predated the 2011 amendments. Meanwhile, Senate Bill 1521 added a new category of eligible expenses at the end of the list of eligible expenses for "warrant officers and related equipment." However, Senate Bill 1521 placed this new eligible expense in the same number 12 slot in Section (d4) as the continuing education expense. As a result, the Section 102.017(d4) now has a list that has two different "number twelves." We were aware of this error before the law went into effect, and had been monitoring the situation to see if House Bi112847 and Senate Bill 1521 would be reconciled before going Item No..9 Formatted: Underline City Secretary's use only to effect. Apparently, this has not occurred. Thus, we have had to analyze whether the bills are in conflict, or whether (using accepted principles of statutory construction) the bills can be harmonized. My analysis has led me to conclude that it is likely that the list under subsection (d4) should essentially be interpreted to include a total of 13 items including the videoconferencing system, the continuing education expenses, and the warrant officer expenses. Thus, the proposed ordinance lists all 13 items of expense as being eligible for payment from the courthouse security fund as follows: (1) the purchase or repair of Xa•ay machines and conveyine s sty ems; (2) handheld metal detectors• (3) walkthrouph metal detectors; (4) identification cards and s• sty (5) electronic locking and surveillance equipment; (6) video teleconferencing systems; (7) bailiffs, deputy sheriffs, deputy constables, or contract security personnel during times when they are providing ppropriate security services; (8) si_gnage; (9) confiscated weapon inventory and tracking s• sty (10) locks, chains, alarms, or similar security devices; (11) the purchase or repair of bulletproof lg ass; (12) continuini? education on security issues for court personnel and security personnel; and (13) warrant officers and related equipment. The provisions related to courtroom secw•ity are included in the ordinance as a new section 13 of Article 21 in the Code. The ordinance also adds new sections 14 and 15 to Article 41. Section 14 sets forth the fees that are charged to a convicted defendant to help fund the cost for services of peace officers, such as executing and processing arrest warrants, and issuing summons to appear in court. Section 15 are additional fees that attach to certain traffic offenses, including but not limited to school zone infractions. These fees must be kept in a separate account and may only be used to fund school crossing programs, or, in the event that the City does not have such a program, the funds can be used for programs that benefit safety, health or nutrition of children. Item No. ,9 Formatted: underline City Secretary's use only RECOMMENDED ACTION: The proposed additions to the Code should provide improved instruction to both court staff and those who become defendants as to what type of costs and fees (over and above the normal penalties) will be due upon conviction. Further, the ordinance provides direction as to the type of costs that can be funded by the various fees. The city attorney recommends approval of the proposed ordinance. CITY OF ANNA, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING PART II, ARTICLE 41 OF THE ANNA CITY CODE OF ORDINANCES TO CODIFY ITS AUTHORIZATION TO COLLECT A FEE FOR THE MUNICIPAL COURT BUILDING SECURITY FUND, A FEE FOR SERVICES OF PEACE OFFICERS, AND A FEE FOR THE CHILD SAFETY FUND. WHEREAS, the City of Anna, Texas is a home -rule municipality and is authorized to collect certain court fees and costs as authorized under the Texas Code of Criminal Procedure, the Texas Local Government Code, the Texas Transportation Code and other applicable state statutes; and WHEREAS, the City of Anna, Texas City Council (the "City Council") has adopted ordinances in the past establishing such fees to be required to be paid as court fees and costs; and WHEREAS, the City Council desires to set forth such fees and costs in the Anna City Code of Ordinances; and WHEREAS, the City Council desires to set forth the categories of expenses that may be funded as relates to the Municipal Court Building and Security Fund; and WHEREAS, the City Council desires to set forth court fees and costs related to fees of peace officers and fees related to a Child Safety Fund for convictions for certain offenses; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: SECTION 1. In accordance with Part II, Article 9 of the Anna City Code of Ordinances, the following amendment is made to Part II, Article 41, by adding a new Section 13 as follows: Section 13. Municipal Court Building Security Fund. (a) In this section, "fund" means the Municipal Court Building Security Fund. (b) In this section, "conviction" has the meaning assigned by Texas Code of Criminal Procedure Art. 102.017(c). (c) A defendant convicted of a misdemeanor offense in a municipal court must pay a municipal court building security fee of $3 as a cost of court. City of Anna, Texas ORDINANCE NO. Page 1 of 6 (d) The clerks) of the respective courts shall collect the costs and pay them to the City treasurer, or to any other official who discharges the duties delegated to the City treasurer or finance director, for the deposit into the fund. (e) The fund created under this section may be used only to finance security personnel for the municipal courts and to finance items used for providing security services for the buildings holding the municipal court, including: (1) the purchase or repair of X-ray machines and conveying systems; (2) handheld metal detectors; (3) walkthrough metal detectors; (4) identification cards and systems; (5) electronic locking and surveillance equipment; (6) video teleconferencing systems; (7) bailiffs., deputy sheriffs, deputy constables, or contract security Personnel during times when they are providing appropriate security services; (8) signage; (9) confiscated weapon inventory and tracking systems; (10) locks, chains, alarms, or similar security devices; (11) the purchase or repair of bulletproof glass; (12) continuing education on security issues for court personnel and security personnel; and (13) warrant officers and related equipment. (f) The fund must be administered under the direction of the City Council. SECTION 2. In accordance with Part II, Article 9 of the Anna City Code of Ordinances, the following amendment is made to Part II, Article 41, by adding a new Section 14 as follows: City of Anna, Texas ORDINANCE NO. Page 2 of 6 Section 14. Fees for Services of Peace Officers. (a) In this section, "conviction" or "convicted" has the meaning assigned by Texas Local Government Code Section 133.101. (b) A defendant convicted of a misdemeanor shall pay the following fees for services performed in the case by a peace officer: (1) $5 for issuing a written notice to appear in court following the defendant's violation of a traffic law, municipal ordinance, or penal law of this state, or for making an arrest without a warrant; (2) �50 for executing or processing an issued arrest warrant or capias, with the fee imposed for the services of: (A) The law enforcement agencv that executed the arrest warrant or capias, if the agency requests of the court, not later than the 15t day after the date of the execution of the arrest warrant or capias, the imposition of the fee on conviction; or (B) The law enforcement agency that processed the arrest warrant or capias, if: (i) the arrest warrant or capias was not executed; or (ii) the executing law enforcement agency failed to request the fee within the period reauired by Paraaraph (A) of this subsection. (3) $5 for summoning a witness; (4) $35 for serving a writ not otherwise listed in this section; (5) �10_for taking and approving a bond and, if necessary, returning the bond to the courthouse; (6) $5 for a commitment or release; (7) $5 for summoning a jury, if a jury is summoned; and (8) $8 for each day's attendance of a prisoner in a habeas corpus case if the prisoner has been remanded to custody or held to bail. (c) In addition to fees provided by subsection (a) of this section, a defendant required to pay fees under this section shall also pay 29 cents per mile for mileage required of an officer to perform a service listed in this subsection (c) and to return from performing that service. If the service provided is the execution of a writ and the writ is directed to City of Anna, Texas ORDINANCE NO. Page 3 of 6 case, the defendant is require to pay only mileage actually and necessarily traveled. In calculatinq mileage, the officer must use the railroad or the most practical route by private conveyance. The defendant shall also pay all necessary and reasonable expenses for meals and lodging incurred by the officer in the performance of services under this section, to the extent such expenses meet the requirements of Texas Government Code Section 611.001. This subsection applies to: (1) conveying a prisoner after conviction to the county jail; (2) conveying a prisoner arrested on a warrant or capias issued in another county to the court or jail of the county; and (3) traveling to execute criminal process, to summon or attach a witness, and to execute process not otherwise described by this section. (d) If an officer attaches a witness on the order of a court outside the county, the defendant shall pay $10 per day or part of a day spent by the officer conveying the witness and actual necessary expenses for travel by the most practical public conveyance. In order to receive expenses under this subsection, the officer must make a sworn statement of the expenses and the judge issuing the attachment must approve the statement. (e) A fee under subsection (a)(1) or (a)(2) of this section shall be assessed upon conviction, regardless of whether the defendant was also arrested at the same time for another offense and shall be assessed for each arrest made of a defendant arisinq out of the offense for which the defendant has been convicted. (f) In addition to fees proved by Subsections (a) through (d) of this section, a defendant required to pay fees under this section shall also pay the costs of overtime paid to a peace officer for time spent testifying in the trial of the case or for traveling to or from testifying in the trial of the case. (g) The fees collected under this section by the court clerk shall be deposited in the City's general fund unless otherwise directed b City Council. SECTION 3. In accordance with Part II, Article 9 of the Anna City Code of Ordinances, the following amendment is made to Part II, Article 41, by adding a new Section 15 as follows: City of Anna, Texas ORDINANCE NO. Page 4 of 6 Section 15. Child Safety Fund. (a) In this section, "fund" means the Child Safety Fund. (b) In this section, "conviction" or "convicted" has the meaning assigned by Texas Local Government Code Section 133.1010 (c) A person convicted of a violation of an ordinance, regulation, or order regulating the stopping, standing, or parking of vehicles (as allowed by Section 542.202, Transportation Code, or Chapter 682, Transportation Code) shall pay an additional fine of $5 for each parking violation as a cost of court. (d) A___ _person convicted of an offense under Subtitle C, Title 7, Transportation Code, when the offense occurs within a school crossing zone as defined by Section 541.302 of that code, shall pay as court costs $25 in addition to other taxable court costs. A person convicted of an offense under Section 545.066, Transportation Code, shall pay as court costs $25 in addition to other taxable court costs. (e) A person convicted of an offense under Section 25.093 or 25.094, Education Code, shall pay as taxable court costs $20 in addition to other taxable court costs. (f) The additional court costs under subsections (c)-(e) of this Section 15 shall be collected in the same manner that other fines and taxable court costs in the case are collected. (g) The money collected under this Section 15 must be used for a school crossing guard program if, at the time the funds are received, the City operates one. If the City does not operate a school crossing guard program or if the money received from court costs from municipal court cases exceeds the amount necessary to fund the school crossing guard program, the City may: (1) deposit the additional money in an interest -bearing account; (2) expend the additional money for programs designed to enhance child safety, health, or nutrition, including child abuse prevention and intervention and drug and alcohol abuse and prevention; or (3) expend the additional money for programs designed to enhance public safety and security, The court clerk, or City of Anna, Texas ORDINANCE NO. Page 5 of 6 clerk, shall keep separate records of the money collected under this this Section 15. SECTION 4. Savings, Severability and Repealing Clauses. All ordinances of the City in conflict with the provisions of this ordinance are repealed to the extent of that conflict. If any provision of this ordinance shall be held to be invalid or unconstitutional, the remainder of such ordinance shall continue in full force and effect the same as if such invalid or unconstitutional provision had never been a part hereof. The City declares that it would have passed this ordinance, and each section, subsection, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional or invalid. SECTION 5. Publication of the Caption Hereof and Effective Date. This ordinance shall be in full force and effective from and after its passage and upon the posting and/or publication, if required by law, of its caption and the City Secretary is hereby directed to implement such posting and/or publication. PASSED by the City Council of the City of Anna, Texas, this 10th day of January, 2012. ATTESTED: APPROVED: City Secretary, Natha Wilkison Mayor, Darren R. Driskell City of Anna, Texas ORDINANCE NO. Page 6 of 6 �w Item No. 10 City Secretary's use only City of Anna City Council Agenda all Report Council Meeting: January 10, 2012 Staff Contact: Jessica Perkins Account Code #, n/a Budgeted Amount: n/a Exhibits: X Yes ❑ No AGENDA SUBJECT: Consider/Discuss/Action regarding adopting a resolution approving the interior design layout and exterior design and the not to exceed amount from Level 5 Design for property located at 312 North Powell Parkway and authorizing the EDC Chief Administrative Officer to execute an agreement for same. (Jessica Perkins) SUMMARY: EDC staff is moving forward with the renovations needed to make the Old Post Office usable to rent. Level 5 Design has submitted the attached proposed interior design layout, exterior design, and not to exceed amount for renovation of property at 312 North Powell Parkway. The EDC board has reviewed and approved the design and not to exceed amount for the renovation. STAFF RECOMMENDATION: Staff recommends you adopt a resolution. CITY OF ANNA, TEXAS RESOLUTION NO. RESOLUTION APPROVING THE INTERIOR AND EXTERIOR DESIGN AS WELL AS A NOT TO EXCEED AMOUNT FOR RENOVATION OF PROPERTY LOCATED AT 312 NORTH POWELL PARKWAY WHEREAS, The City Council of the City of Anna supports the Anna Economic Development Corporation's ("EDC") desire to renovate and make available for rent the property at 312 North Powell Parkway; and WHEREAS, The City Council of the City of Anna recognizes that the EDC has approved the attached proposed interior and exterior design, and WHEREAS, The City Council of the City of Anna recognizes that the EDC has approved the attached proposed not to exceed expenses, and WHEREAS, The City Council of the City of Anna recognizes that the EDC desires to provide authority to the EDC Chief Administrative Officer to execute an agreement for such renovations. 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 authorizes the EDC to sign and execute an agreement with Level 5 Design Group and J. Houser Construction design/build firm for the attached renovations, subject to approval as to form by legal counsel for the EDC, final content by the EDC Chief Administrative Officer PASSED by the City Council of the City of Anna, Texas, on this 10th day of December 2012. ATTEST: APPROVED: Natha Wilkison, City Secretary Mayor, Darren R. Driskell CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 1 Y(OU8}HOMETOWN Council Meeting: Januaiy 10, 2012 Account Code #: N/A Budgeted Amount: N/A Item No.11 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 1-6-12 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 colmsel 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); William Austin Gant and Paul Eugene Gant v. City of Anna, Cause No. 380-02370-2011 in the 380th 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. SUMMARY: RECOMMENDATION: Council Meeting: January 10, 2012 Account Code #: N/A Budgeted Amoun N/A Item No. 12 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 1-6-12 Exhibits: ❑Yes ❑ No AGENDA SUBJECT: Consider/Discuss/Action on any items listed on posted agenda for January 10, 2012 City of Anna Workshop Session or any closed session occurring during this Regular Meeting, as necessary. SUMMARY: RECOMMENDATION: Council Meeting: January 10I 2012 Account Code #: N/A Budgeted Amount: N/A AGENDA SUBJECT: Adjourn. SUMMARY: Item No. 13 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 1-6-12 Exhibits: ❑Yes ❑ No RECOMMENDATION: Staff recommends a motion to adjourn.