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HomeMy WebLinkAboutCCpkt2012-01-24YlOUR} HOMETOWN 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/Speaker Registration Form to the City Secretary prior to the start of the City Meet Council ing. NAME Y{OUH} HOMETOW N CITY OF ANNA AGENDA NOTICE -CITY COUNCIL WORKSHOP January 24, 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 24, 2012, at the Anna City Hall Administration Building, located at I I I Not Powell Parkway (Hwy 5), regarding the following items. 1. Call to Order 2. Roll Call and Establishment of Quorum. 3. Quarterly Financial Update (Clayton Fulton) 4. Discussion regarding future meeting with Boards and Commissions. (Philip Sanders) 5. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions. a. discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); Purchase of park land. b. Consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071); William Austin Gant and Paul Eugene Gant v. City of Anna, Cause No. 38M2370-2011 in the 380th District Court of Collin County, Texas; Danielle Budow v. State of Texas, Cause No. 296-04555-2011 in the 296th District Court of Collin County, Texas, Anticipated litigation regarding nuisance property condition at 323 East 7th Street, Anna, Texas; Charges for certain emergency response services; Update on Anna -Melissa wastewater metering station. 1. The Council may vote and/or net 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. 01-24-12 CC Regular Meeting Agenda.doc 1 Posted 01-20-12 c. Personnel Matters: Discussion regarding City Secretary. (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. 6. Discussion regarding any item on the City Council's January 24, 2012 Regular Meeting Agenda Notice, which was posted at the same date, time and place of this Workshop Agenda Notice, 7. 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 20, 2012. Natha Wilkison, City Secretary 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. 01-24-12 CC Regular Meeting Agenda.doc 2 Posted 01-20-12 Y{OUR} HOMETOW N CITY OF ANNA AGENDA NOTICE —CITY COUNCIL REGULAR MEETING January 24, 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 24, 2012, at the Anna City Hall Administration Building, located at I I I North Powell Parkway (Hwy 5), to consider the following items. Welcome to the City Council Meeting. Please sign the Sign4n-Sheet as a record of attendance. If you wish to speak on an open -session agenda item please fill out the Opinion/Speaker Registration. Form and turn it in to the City Secretary before the meeting starts. 1. Call to Order. 2. Invocation and Pledge of Allegiance. 3. Citizen comments. Citizens are allowed 3 minutes to speak. The Council is unable to respond to or discuss any issues that are brought zip 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 per•son'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 justiPed 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. 01-24-12 CC Regular Meeting Agenda.doc 3 Posted 01-20-12 5. Presentation to Public Works Department Employees. (Philip Sanders) 6. Presentation of Racial Profiling Report. (Chief Jenks) 7. 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 January 10, 2012 Regular Meeting. b. Action adopting an ordinance correcting typographical error in ordinance regarding Municipal Court Fees. (Clark McCoy) 8. (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) within Tract B of the original (PD) to amend the minimum front yard setback to twenty feet (20') and the minimum lot depth to be one hundred and ten feet (110') on area described in Exhibit A. The subject property is located adjacent to the West Crossing Subdivision, south of Hackberry and west of Slayter Creek. (Maurice Schwanke) (b) Consider/Discuss/Act on recommendation regarding 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) to amend the minimum front yard setback to twenty feet (20') and the minimum lot depth to be one hundred and ten feet (110') on area described in Exhibit A. The subject property is located adjacent to the West Crossing Subdivision, south of Hackberry and west of Slayter Creels. (Maurice Schwanke) 9. Consider/Discuss/Action approving a Resolution authorizing the City Manager to submit an application to Texas Parlss and Wildlife for a recreational trail. (Maurice Schwanke) 10. Consider/Discuss/Action regarding a Resolution authorizing payment and reimbursement for Council Member travel and training expenses. (Natha Wilkison) 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 YU 924- 3325 two working days prior to the meeting so that appropriate arrangements can be made. OI-24-12 CC Regular Meeting Agenda.doc 4 Posted 01-20-12 11. Review and discussion of proposed charter amendments. (Clark McCoy) 1I Consider/Discuss/Action approving a Resolution granting exemption to application of certain provisions of personnel policy manual. (Natha Wilkison) 13. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); Purchase of park land. b. Consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071); 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; Danielle Budow v. State of Texas, Cause No. 296-04555-2011 in the 296th District Court of Collin County, Texas; Anticipated litigation regarding nuisance property condition at 323 East 7th Street, Anna, Texas; Charges for certain emergency response services; Update on Anna -Melissa wastewater metering station. c. Personnel Matters: Discussion regarding City Secretary. (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. 14. 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. 15. Adjourn. 1. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924- 3325 two working days prior to the meeting so that appropriate arrangements can be made. 01-24-12 CC Regular Meeting Agenda.doc 5 Posted 01-20-12 This is to certify that 1, Natha WIIk1SOn, 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 20, 2012. Natha Wilkison, City Secretary 1. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924- 3325 two working days prior to the meeting so that appropriate arrangements can be made. 01-2442 CC Regular Meeting Agenda.doc 6 Posted 01-20-12 Council Meeting: January 24, 2012 Account Code #: N/A Budgeted Amount: N/A AGENDA SUBJECT: Quarterly Financial Update SUMMARY: Item No.3WS City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Clayton Fulton Date Prepared: 1-19-12 Exhibits: ❑Yes ❑ No The purpose of this report is to provide the City Council a report on financial performance of the city regarding its forecasted revenues and budgeted expenditures for the 1st quarter of the Fiscal Year 2011-2012. The reporting period is for the quarter ended Dec. 31, 2011. This reporting period represents 25% of the Fiscal Year. Gene�•al Fzrnd: You will see that overall revenue in is at 24.8570 of the budget while overall expenditures are at 23.71% this represents excess revenue over expenditures of $38,352.71. Utility Fund.• You will see that overall revenue is at 24.36% of the budget while overall expenditures are at 24.60% this represents expenditures over revenue of $68,036.58. However, it is important to note that the City recently received a reimbursement from the State for the CDBG water line project in the amount of $257,916.38 that is not reflected in this report as the reimburse came in January. ƒ 2 / k 0 0 a) U � IH 'O U 0 N N bA O 0� Cd Q E a) � fs, •� Cd 0 ( 4M4 O rA , cn O � O bA O (� 03 Cd (D O N cn O CLO a� � O U N N � . U• "0 O cn :3 cd O Cd 'C3 Cd a) � C�3 N U � o � w a Q cd Or O O O O O G .F„(4r N00 cc 0� OCA NOa000 Wet 00 O �'y„� 00 N O O U C J r• N N N M d) • iti 4-i LO(fl(N(0 N �NTOornrn�((00 CO) O L N r� (o cri (6 W( aS c Cd bA V�'M�NO� W � •� Gzj � v � swo (fle»U),(stc�(»tek O Q O -O bA o 0 0 0 0 o p0 Ocrs dLO u)oe=o s IW4 (A arn�LOoLOLO (oo U N Ln �U)r (0(DC)C) m Zc N M VN' N O >> pO 4� 0 0 0 0 o O 4' Cd N 0 0 0 0 o � O LONm0 CCO 0�0 O) �i •Li "O � N N N r N O s, LO 00 �t n rn (p � O O �00o rnrnp Oc� �• Nt LO N � CN9 N �MM� l�O000 t ""' u � CCS c v M co O O t7 � ¢ ar v� U = O N W � •bA >G (s3(»(»(»ev(»� 0 0 _ 0 0 0 0 0 o p U Oj 6 0 0 0 o z3 m�Lr)NLO�Nas � U U SUi N NMerM d) d] i3, •O N N-+ U ' bA Cd N C (» cfl (» (» s4 (» w cqj > rA p O uj a) 4LLJ O cn U a) EZ ar cu N 7• m j a�i > > O °� Item No.3WS City Secretary's use only RECOMMENDATION: None Council Meeting: January 24I 2012 Account Code #: N/A Budgeted Amount: N/A Item No. 4 WS City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 1-19-12 Exhibits: ❑Yes ❑ No AGENDA SUBJECT: Discussion regarding future meeting with Boards and Commissions. (Philip Sanders) SUMMARY: RECOMMENDATION: Council Meeting: January 24, 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: 1-19-12 Exhibits: ❑Yes ❑ No 1 Council Meeting: January 24, 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: 1-19a12 Budgeted Amount: N/A Exhibits: ❑Yes AGENDA SUBJECT: Invocation and Pledge of Allegiance. SUMMARY: RECOMMENDATION: ❑ No IiOhiETOWN Council Meeting: January 24, 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: 1-19�12 Exhibits: � Yes ❑ No AGENDA SUBJECT: Citizen Comments. Citizens are allo���ed 3 rninrrtes to speak. The Council is unable to respond to or discuss any issues that are brought up during this section that are not on the agenda, other than to make statements of specific factual information in response to a citizen's inquiry or to recite existing policy in response to the inquiry. SUMMARY: RECOMMENDATION: Council Meeting: January 24, 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: 1-19-12 Exhibits: ❑Yes ❑ No AGENDA SUBJECT: Receive reports from Staff or the City Council about items of community interest. Items of community interest include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honoras y 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 safely of people in the municipality that has arisen after the posting of the agenda. SUMMARY: RECOMMENDATION: Item No.5 City Secretary's use only City of Anna City Council Agenda Staff Report IiOMETOWN Council Meeting: January 245 2012 Staff Contact: Philip Sanders Account Code #: N/A Date Prepared: 1-19-12 Budgeted Amount: N/A Exhibits: ❑Yes ❑ No AGENDA SUBJECT: Presentation to Public Works Department Employees. (Philip Sanders) SUMMARY: RECOMMENDATION: AA CITY OF ANNA,TEXAS Council Meeting: Jamiar�24, 2010 Account Code #: Budgeted Amount. Item No. 6 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Chief Jenks Exhibits: � Yes ❑ No AGENDA SUBJECT: Presentation of 2011 Racial Profiling Report SUMMARY: Each year by law, the Police Department must file a report concerning the racial makeup of persons that are detained by official Police action that resulted in either an arrest or citation, and present that report to the governing body of the City. For 2011, as is mandated, this report is available for the public to view on the website of Texas Commission on Law Enforcement Officer Standards and Education ( I ULEOSE). The Chief of Police presents the attached report for your information. A link to the report is posted on the City's Website. STAFF RECOMMENDATION: N/A Agency Name: Reporting Date. TCLEOSE Agency Number: Chief Administrator: Agency Contact Information: ANNA POLICE DEPT. O 1 /03/2012 085204 KENNETH L. JENKS Phone:9729242848 Email: kienks(l)atulatcx 0 V Mailing Address: ANNA POLICE DEPT. l ) I S Powell Pkwy Anna, TX 75409 This Agency claims partial racial profiling report exemption because: Our vehicles that conduct motor vehicle stops are equipped with video and audio equipment and we maintain videos for 90 days. Certification to This Report 2.132 (Tier 1) —Partial Exemption Article 2.132(b) CCP Law Enforcement Policy on Racial Profiling ANNA POLICE DEPT. has adopted a detailed written policy on racial profiling. Our policy: (1) clearly defines acts constituting racial profiling; (2) strictly prohibits peace officers employed by the ANNA POLICE DEPT. from engaging in racial profiling; (3) implements a process by which an individual may file a complaint with the ANNA POLICE DEPT. if the individual believes that a peace officer employed by the ANNA POLICE DEPT. has engaged in racial profiling with respect to the individual; (4) provides public education relating to the agency's complaint process; (5) requires appropriate corrective action to betaken against a peace officer employed by the ANNA POLICE DEPT. who, after an investigation, is shown to have engaged in racial profiling in violation of the ANNA POLICE DEPT.'s policy adopted under this article; (6) require collection of information relating to motor vehicle stops in which a citation is issued and to arrests made as a result of those stops, including information relating to: (A) the race or ethnicity of the individual detained; (B) whether a search was conducted and, if so, whether the individual detained consented to the search; and Page 1 of 3 pages submitted electronically to the The Texas Commission on Law Enforcement Officer Standards and Education (C) whether the peace officer knew the race or ethnicity of the individual detained before detaining that individual; and (7) require the chief administrator of the agency, regardless of whether the administrator is elected, employed, or appointed, to submit an annual report of the information collected under Subdivision (6) to. (A) the Commission on Law r.nforcement Officer Standards and Education; and (B) the governing body of each county or municipality served by the agency, if the agency is an agency of a county, municipality, or other political subdivision of the state. I certify these policies are in effect. Executed by: KENNETH L. JENKS Chief Administrator ANNA POLICE DEFT. Date: 01 /03/2012 Page 2 of 3 pages submitted elech•onically to the The Texas Commission on Law Enforcement Officer Standards and Education ANNA POLICE DEPT.Motor Vehicle Racial Profiling Information Number of motor vehicle stops. 1. 813 citation only 2. 3 arrest only 3. 40 both Race or Ethnicity: 5 70 African 6. 8 Asian 7. 629 Caucasian g. 145 Hispanic 9. 2 Middle Eastern 10. 2 Native American 4. 856 Total (4, 11, 14 and 17 must be equal} 11.856 Total (lines 4, 1 1, 14 and 17 must be equal) Race or Ethnicity known prior to stop? 12. 98 Yes 13. 758 No Search conducted? 15. 73 Yes 16. 783 No Was search consented? 18.22 Yes 19.51 No 14. 856 Total (lines 4, 11, 14 and 17 must be equal} 17. 856 Total (lines 4, 11, 14 and 17 must be equal) 20. 73 Total (must equal line I5) Page 3 of 3 pages submitted electronically to the The Tesas Commission on Law Enforcement Officer Standards and Education Council Meeting: January 24I 2012 Account Code #: N/A Budgeted Amount: N/A Item No.7 a-b City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 1-19a12 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 January 10, 2012 Regular Meeting. b. Action adopting an ordinance correcting typographical error in ordinance regarding Municipal Court Fees. (Clark McCoy) SUMMARY: RECOMMENDATION: Staff recommends approval of the consent items. MINUTES OF 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 met in Workshop Session at 6:30 p.m., January 10, 2012, at the Anna City Hall Administration Building, located at III North Powell Parkway (Hwy 5), regarding the following items. 1. Call to Order Mayor Darren R. Driskell called the meeting to order at 6:30 pm. 2. Roll Call and Establishment of Quorum. Mayor Darren R. Driskell and Council Members Mike Crist, Kevin Anderson, Keith Green, John Geren and Marc Hendricks were present. Council Member Becky Glover was absent. 3. Discussion regarding paving county roads with mutual or shared boundaries. (Philip Sanders) City Manager, Philip Sanders presented the item to council for discussion. County Public Works Director Jon Kleinheksel was present to answer questions and participate in the discussion. Council Member Crist made the motion to enter closed session at 6:51 pm. Council Member Green 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); 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, 01-]0-12 CC Regular Meeting Minutes.doc 1 01-10-12 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 6:59 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 January 10, 2012 Regular Meeting Agenda Notice, which was posted at the same date, time and place of this Workshop Agenda Notice. No Discussion. 6. Adjourn. Council Member Crist made the motion to adjourn at 7:00 pm. Council Member Green seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 ATTEST: APPROVED: Natha Willcison, City Secretary Darren R. Driskell, Mayor 01-10-12 CC Regular Meeting Minutes.doc 2 01-10-12 MINUTES OF 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 %J Anna met in Regular Session at 7:30 p.m., January 105 2012, at the Anna City Hall Administration Building, located at III North Powell Parkway (Hwy 5), to consider the following items. Welcome to the City Council Meeting. Please sign the Sign -In -Sheet as a record of attendance. If you Nish 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. Chris Hill, candidate for Collin County Commissioners Court, Precinct 3 introduced himself to council and told a little bit about himself. 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. None 01-]0-12 CC Regular Meeting Minutes.doc 3 01-10-12 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. Council Member Geren made the motion to approve the consent items. Council Member Crist seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 6. DiscussionBriefing regarding December 24 water line break. (James Parkman) Director of Public Works, James Parkman briefed council and answered questions. 7. Project UpdateBriefing: • 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 Creek Park Concession Building • Slayter Creek Park, 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 01-10-]2 CC Regular Meeting Mimites.doc 4 01-10-12 • Interurban Street Storm Sewer Project • 2012 CDBG Waterline Project • Hackberry Lane Waterline Project • Highway 5 Ground Storage Tank Rehabilitation Project • Water System CIP Study • Wastewater Treatment Permit Renewal • Waste Water Treatment Option Study Staff Members briefed council regarding the status of the above listed projects and answered questions. 8. DiscussionBriefing regarding DART utility lease agreements. (Philip Sanders) City Manager, Philip Sanders presented the item to council and answered questions. 9. Consider/Discuss/Action adopting an Ordinance regarding Municipal Court Fees. (Clark McCoy) Clark McCoy, City Attorney presented the item to council and answered questions. Council Member Crist made the motion to approve. Council Member Geren seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 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) This item was not discussed. Council did not go into executive session at this time. 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 01-10-12 CC Regular Meeting III nutes.doc 5 01-10-12 No. 380-02370-2011 in the 38C 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 10, 2012 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 Anderson seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 13. Adjourn. Mayor Driskell made the motion to adjourn at 9:00 pm. Council Member Anderson seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 ATTEST: APPROVED: Natha Wilkison, City Secretary Darren R. Driskell, Mayor 01-10-12 CC Regular Meeting Minutes.doc 6 01-10-12 a C4TY OF ANNA, TEXAS Council Meeting: January 24, 2012 Account Code #: Budgeted Amount: AGENDA SUBJECT: Item No. 7 (b) City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Clark McCoy Exhibits: �C Yes ❑ No Action adopting an ordinance correcting typographical error in ordinance regarding Municipal Court Fees. SUMMARY: The City recently adopted regulations regarding municipal court costs and fees by adding three new sections to Part II, Article 41 of the Anna City Code of Ordinances (the "Code"). The adopted ordinance contained a typographical error in Section 14(e). That subsection cross-references to "subsection (a)(1) or (a)(2)", but subsection (a) does not contain a (1) or (2). Section 14(e) was intended to refer to subsection "(b)(1) or (b)(2)." RECOMMENDED ACTION: The amending ordinance to the Code corrects the error and provides the proper cross- reference. This amendment is necessary to realize all of the Council's objectives in adoption of the new municipal court 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 THE CITY OF ANNA CODE OF ORDINANCES BY AMENDING PART II, ARTICLE 41, SECTION 14 REGARDING MUNICIPAL COURT; PROVIDING FOR A CORRECTION OF A TYPOGRAPHICAL ERROR; PROVIDING FOR SAVINGS, SEVERABILITY, AND REPEALING CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City of Anna, Texas ("the City") has previously adopted ordinances, rules and regulations governing fees for services of peace officers as relates to the City's municipal court; and WHEREAS, the City of Anna, Texas City Council ("the Council") adopted Ordinance No. 568-2012 on January 10, 2012, which contained a typographical error; and WHEREAS, the Council wishes to correct the error by amending the Code of Ordinances to reflect its true intent; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The above -referenced recitals are incorporated herein as if set forth in full for all purposes. Section 2. Amendment. In accordance with Part II, Article 1, Section 9 of Anna, the following amendment is made to Part II, Article 41, Section 14, by deleting the language struck through and adding the underlined terms below: (e) A fee under subsection {a-}jbj(1) or {aUb (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 arising out of the offense for which the defendant has been convicted. Section 3. 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 CITY OF ANNA, TEXAS ORDINANCE NO. PAGE 1 OF 2 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 4. 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 24t" day of January, 2012. ATTESTED: City Secretary, Natha Wilkison APPROVED: Mayor, Darren R. Driskell CITY OF ANNA, TEXAS ORDINANCE NO. PAGE 2 OF 2 Council Meeting: January 24, 2012 Account Code #: N/A Item No. City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Maurice Schwanke Date Prepared: O1/19/12 Budgeted Amount: N/A Exhibits: ■Yes ❑ No AGENDA SUBJECT: (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) within Tract B of the original (PD) to amend the minimum front yard setback to twenty feet (20') and the minimum lot depth to be one hundred and ten feet (110') on area described in Exhibit A. The subject property is located adjacent to the West Crossing Subdivision, south of Hackberry and west of Slayter Creek. (b) Consider/Discuss/Act on recommendation regarding 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) to amend the minimum front yard setback to twenty feet (20') and the minimum lot depth to be one hundred and ten feet (110') on area described in Exhibit A. The subject property is located adjacent to the West Crossing Subdivision, south of Hackberry and west of Slayter Creek. SUMMARY: Bloomfield homes submitted this request to adjust the front setback and lot depth to allow more freedom in the placement of homes while increasing the back yards of the lots. The majority of these lots will have an open space area behind them. The minimum lot size will remain the same (7,200 sq. ft.). Adjacent to Tract B of the development in Tract C and D the front setbacks are already 20 feet. These setbacks have not deterred the quality of the housing product that has been constructed. It is anticipated that Phase 11 of West Crossing will be populated with Bloomfield's larger units. The staff is in support of this request. PLANNING AND ZONING ACTION: The Planning and Zoning Commission recommended approval of the zoning request at their meeting January 3, 2011. The vote was unanimous. RECOMMENDED ACTION: Approval of zoning request and ordinance Please publish the attached in the legal section of the newspaper at the earliest possible date. Please send tear sheet, publisher's affidavit, and bill to the City of Anna. CITY OF ANNA PUBLIC HEARINGS ON ZONING CHANGES A public hearing will be conducted by the City Council of the City of Anna on Tuesday, January 24, 2012 at 7:30 p.m. at the Community Room of the Anna City Hall Administration Building located at 111 North Powell Pkwy (Hwy 5) Anna, Texas, to hear public comment regarding amendments to the City's Comprehensive Plan, the City's zoning map, and the City's Zoning Ordinance. The public hearing will respectively concern the City Council's consideration of an ordinance described as follows: • AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY'S COMPREHENSIVE PLAN, ZONING MAP, AND ZONING ORDINANCE AND CHANGING THE ZONING OF CERTAIN PROPERTY AS DESCRIBED HEREIN, PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A PENALTY CLAUSE NOT TO EXCEED $2,000 OR THE HIGHEST PENALTY AMOUNT ALLOWED BY LAW, WHICHEVER IS LESS; AND, PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. The property is currently zoned as Planned Development Single Family residential (SF). The owner(s), Bloomfield Homes, is requesting changes to the Planned Development zoning by amending the existing Planned Development (PD) Ordinance Number 133-2004 (PD) within Tract B of the original (PD) to amend the minimum front yard setback to twenty feet (20) and the minimum lot depth to be one hundred and ten feet (110'). The subject property is located adjacent to the West Crossing Subdivision, south of Hackberry and west of Slayter Creek. Copies of the rezoning request, including a map of the property generally described above, are available for review during regular office hours at the office of the City Secretary, Anna City Hall, at 111 N. Powell Parkway, Anna, Texas. Written comments on the zoning requests/changes are welcomed and will be accepted until the time of the public hearings and may be presented at the hearings. Speakers at the hearings will be heard according to their order on a listing to be established for such purpose by the City Secretary. CITY O F ANNA, TEXAS (Property rezoned under this ordinance is generally located adjacent to the West Crossing Subdivision, south of Hackberry and west of Slayter Creek) ORDINANCE NO, AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY'S COMPREHENSIVE PLAN, ZONING MAP, AND ZONING ORDINANCE AND CHANGING THE ZONING OF CERTAIN PROPERTY AS DESCRIBED HEREIN; PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A PENALTY CLAUSE NOT TO EXCEED $2,000 OR THE HIGHEST PENALTY AMOUNT ALLOWED BY LAW, WHICHEVER IS LESS; AND, PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City of Anna, Texas ("City") has previously adopted ordinances, rules and regulations governing the zoning in the City; and WHEREAS, the City has received a requested zoning change on Property described in Exhibit A ("Property") attached hereto and incorporated herein for all purposes as if set forth in frill; and WHEREAS, said Property generally located west of West Crossing Blvd. and south of Hackberry Drive WHEREAS, the Planning and Zoning Commission of the City and the City Council of the City of Anna ("City Council") have given the requisite notices by publication and otherwise and have held the public hearings as required by law and afforded a full and fair hearing to all property owners and generally to all persons interested in and situated in the affected area and in the vicinity thereof, the City Council has concluded that the Zoning Ordinance of the City should be amended as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated The above recitals are incorporated herein by reference for all purposes. Section 2. Zoning Change The Comprehensive Plan of the City and City of Anna Ordinance No. 116-2003 as amended and codified as Part III-C of The Anna City Code of Ordinances are hereby amended by amending the existing Planned Development (PD) Ordinance Number 133-2004 on the land identified in Exhibit A that are within Tract B of the original (PD) as follows: Front Yard Setback —Minimum front yard setback twenty feet (20') Minimum Lot Depth -Minimum lot depth one hundred and ten feet (110') Section 3. Official Zoning Map The official Zoning Map of the City shall be corrected to reflect the change in zoning described herein. 1 Section 4. Savings, Repealing and Severability Clauses It is hereby declared to be the intention of the City Council that the words, sentences, paragraphs, subdivisions, clauses, phrases, and provisions of this ordinance are severable and, if any phrase, sentence, paragraph, subdivision, clause, or provision of this ordinance shall be declared unconstitutional or otherwise invalid or inapplicable by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality, invalidity or inapplicability shall not affect any of the remaining words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional, invalid or inapplicable words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions. Further, all ordinances or parts of ordinances in force when the provisions of this ordinance become effective that are consistent and do not conflict with the terms and provisions of this ordinance are hereby ratified to the extent of such consistency and lack of conflict, and all ordinances or parts of ordinances in force when the provisions of this ordinance become effective that are inconsistent or in conflict with the terms and provisions contained in this ordinance are hereby repealed only to the extent of any such conflict. Section 5. Penalty Any violation of any of the terms of this ordinance, whether denominated in this ordinance as unlawful or not, shall be deemed a misdemeanor. Any person convicted of any such violation shall be fined in an amount not to exceed $2,000 for each incidence of violation. Each day a violation exists is considered a separate offense and will be punished separately. Section 6. Publication of the Caption and Effective Date This ordinance shall be effective upon its passage by the City Council, approval by the Mayor, and posting and/or publication, if required by law, of its caption. The City Secretary is hereby authorized and directed to implement such posting and/or publication. PASSED by the City Council of the City of Anna, Texas this day of 2012. ATTESTED: Natha Wilkison, City Secretary APPROVED: Darren R. Driskell, Mayor EXHIBIT "A" PLANNED DEVELOPMENT DISTRICT LEGAL DESCRIPTION BEING, BLOOMFIELD HOMES INC., is the owner of a tract of land situated in the Henry Brantley Survey, Abstract No. 71 and John C. Farris Survey, Abstract No. 331, Collin County, Texas the subject tract being a portion of a tract of land conveyed to Nicholas Ross Properties LLC. according to the deed recorded in county clerk #20100930001049670 of the Land Records of Collin County, Texas (LRCCT), the subject tract being more particularly described as follows; BEGINNING at the intersection of the south right-of-way of Hackberry Drive(a 80' R.O.W.) and the east line of Drayton Drive(a 50' R.O.W.) said point being the east line of West Crossing Phase 1 according to the plat recorded in county clerk #20060123010600130 of the Land Records of Collin County, Texas; THENCE, along the said south right-of-way line of Hackberry Drive anon -tangent curve to the left having a central angle of 34014'10", a radius of 680.00 feet, and an arc distance of 406.34 feet, with a chord bearing of N 70053'40" E400.32 feet, to a point for corner; THENCE, S 75°24'47" E, leaving said south right-of-way line of said Hackberry Drive a distance of 4.35 feet to a point for corner; THENCE, S 05°42'54" E, a distance of 125.00 feet to a point for corner; THENCE, S 17026154" E, a distance of 250.00 feet to a point for corner; THENCE, S 33°18'54"distance of 111.00 feet to a point for corner; THENCE, S 39°26'94" E, a distance of 113.00 feet to a point for corner; THENCE, S 02°59'06" W, a distance of 69.26 feet to a point for corner; THENCE, S 56004'14" W, a distance of 146.42 feet to a point for corner; THENCE, S 89055'53" W, a distance of 68.56 feet to a point for corner; THENCE, S 01 018'36" E, a distance of 335.90 feet to a point, said point being on the north property line of Willow Creek Addition Phase II according to the plat filed in Cabinet Q, Page 352 of the Collin County Deed Records, THENCE, along the northeast property line of the said Willow Creek Addition Phase II the following; N 73053'25" W, a distance of 34.90 feet to a point for corner; N 38°44'16" W, a distance of 64.63 feet to a point for corner; S 82°2942" W, a distance of 247.47 feet to a point for corner; N 01°15'22" W, a distance of 52.05 feet to a point for corner; N 22°1716 W, a distance of 72.76 feet to a point for corner; N 40°4546 W, a distance of 128.80 feet to a point for corner; N 30°25'46" W, a distance of 130.85 feet to a point for corner; N 00°45'14" E, a distance of 107.52 feet to a point for corner; N 86°59'46" W, a distance of 78.63 feet to a point said point being on the east property line of said West Crossing Phase 1; THENCE, N 07°39'S1" W, a distance of 51.94 feet to a point for corner; THENCE, N 00°07'09" E, a distance of 214.00 feet to a point on the south right-of-way line of Honeywell Drive(a 50' R.O.W.); THENCE, S 89°52'51" E, a distance of 140.00 feet to a point for corner; THENCE, along a tangent curve to the left having a central angle of 01 °41'40", and a radius of 845.00 feet and an arc distance of 25.00 feet, with a chord bearing of N 89016'20" E-25.00 feet to a point on the said east right-of-way line of Drayton Drive; THENCE N 00°07'09" E, along said east right-of-way line of Drayton Drive a distance of 165.09 feet to the PLACE OF BEGINNING and containing 469,368 square feet or 10.7752 acres of land; MINE 0 0 0 HIO iiii m Milli NINE, km 0 1 :*41A 0 0 A 131 IVAR NOME Y{OUR} HOMETOWN Council Meeting: January 24, 2012 Account Code #: N/A Budgeted Amoun Item No.9 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Maurice Schwanke Date Prepared: O1/19/12 Exhibits: ■Yes ❑ No AGENDA SUBJECT: Consider/Discuss/Action approving a Resolution authorizing the City Manager to submit an application to Texas Parks and Wildlife for a recreational trail grant. SUMMARY: Recreational Trail Grant funds are currently available through the Texas Parks and Wildlife Department. The attached resolution authorizes Mr. Sanders to make the application. The description of the project is as follows: The Creekside Park Trail Project will include approximately 3,100 linear feet of trail. This project will be within an approximately 21.4 acre undeveloped park area The trail section will be 8 foot wide of rebar reinforced 3,600 psi concrete 4 inch thick on a sand bed. A minimum of two trail bridges are anticipated crossing Throckmorton Creels. The Trail will begin at the north end of Creekside Drive where a "Trail Head" will be constructed. The anticipated "Trail Head" would include a drinking fountain with filling station for bottled water and a dog watering bowl, a covered picnic table or bench, potential arboraged entrance, a trash can as well as any other informational signage needed. The 04 PA has adopted a city wide trail program. As such this project will be an integral part of implementation. Also a proposed connection to the system is being stubbed northerly from the Trail Head to accommodate this connection. The trail will weave the area preserving the mature trees that are on the site. At least two strategically placed benches will be installed along the trail. It is anticipated that the existing trees surrounding the trail area and the undergrowth will be initially h•immed by community volunteer groups. The drinking fountain will be serviced by an 8 inch water line that exists at the north end of Creekside Drive. A service connection will be installed by the Anna Public Works Department, Item No.9 City Secretary's use only At the south end of the project a TXDOT road exists (F.M. 455). This road is scheduled for reconstruction in late 2012. They will be providing a sidewalk along the facility. After completion of the road our intention will be to connect the two trail facilities. This Grant is an 80/20 grant. Funds for the local match can come from in -kind labor and equipment usage, and park trust fiend monies ($750 collected for each housing unit permit issued). A. 3,100 LF of 8' wide concrete Trail $145,000 (Contract, In-house Labor and equipment, Cash) B. 2 Trail Bridges (Pratt Truss) $ 85,000 (Contract) C. Trail Head Amenities $ 5,600 Drinking Fountain Picnic Table Entrance Arbor Trash Can Benches (Contract, In-house Labor) D. Site Utilities $ 3,400 (Water Line Tap and Service Extension by In-house) E. Design $ 7,000 (Design Engineer, Site Assessment) Total Project $246, 000 RECOMMENDED ACTION: Approve the application and authorizing the commitment of approximately $493200 of local funds. Item No.9 City Secretary's use only Item No.9 City Secretary's use only A RESOLUTION OF THE CITY OF ANNA, TEXAS HEREINAFTER REFERRED TO AS "APPLICANT," DESIGNATING CERTAIN OFFICIALS AS BEING RESPONSIBLE FOR, ACTING FOR, AND ON BEHALF OF THE APPLICANT IN DEALING WITH THE TEXAS PARKS & WILDLIFE DEPARTMENT, HEREINAFTER REFERRED TO AS "DEPARTMENT," FOR THE PURPOSE OF PARTICIPATING IN THE RECREATIONAL TRAIL GRANT PROGRAM. WHEREAS, the Applicant is fully eligible to receive assistance under the Program; and WHEREAS, the Applicant is desirous of authorizing an official to represent and act for the Applicant in dealing with the Department concerning the Program; BE IT RESOLVED BY THE APPLICANT: SECTION 1: That the Applicant hereby certifies that they are eligible to receive assistance under the Program, and that notice of the application has been posted according to local public hearing requirements. SECTION 2: That the Applicant hereby authorizes and directs its City Manager to act for the Applicant in dealing with the Department for the purposes of the Program, and that Philip Sanders is hereby officially designated as the representative in this regard. SECTION 3: The Applicant hereby specifically authorizes the official to make application to tMU Department concerning the site to be known as Creekside Park Trail in the City of Anna of Collin County. Introduced, read and passed by the affirmative vote of the "Applicant" on this 24th day of January, 2012. Darren R. Driskell, Mayor ATTEST: Natha Wilkison, City Secretary Council Meeting: January 24, 2012 Account Code #: N/A Budgeted Amount: N/A Item No.10 City Secretary's use only City of Anna City Council Agenda all Report Staff Contact: Natha Wilkison Date Prepared: 1-19-12 Exhibits: ❑Yes ❑ No AGENDA SUBJECT: Consider/Discuss/Action regarding a Resolution authorizing payment and reimbursement for Council Member travel and expenses. (Natha Wilkison) SUMMARY: TML is sponsoring a Elected Officials' Conference in San Antonio, February 17-19, 2012. The event provides tools and resources to help city officials tackle their jobs with confidence. The estimated cost associated with the conference includes an online registration fee of $195, $169 (plus tax) for lodging, and meals and travel to be reimbursed in accordance with the Council's previously adopted travel reimbursement policy. The attached Resolution authorizes the payment and reimbursement of expenses incurred by Council Member Cr1St who has expressed a desire to attend this event. RECOMMENDATION: Staff recommends approval of this Resolution. CITY OF ANNA, TEXAS 17 �Y1] 111111 [I7►i►`[�a A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING PAYMENT AND REIMBURSEMENT FOR COUNCIL MEMBER TRAVEL AND TRAINING EXPENSES. WHEREAS, the Texas Municipal League and the Association of Mayors, Councilmembers and Commissioners are sponsoring an Elected Officials' Conference in San Antonio February 17-19, 2012; and WHEREAS, The Elected Officials' Conference provides an opportunity for the mayors, Councilmembers, and commissioners from TML's 1,115 member cities to participate in workshops designed specifically for their specific interests; and WHEREAS, The Council has previously adopted a Travel and Training Policy for Anna City Council Members (the "Policy"); and WHEREAS, the City of Anna, Texas Home -Rule Charter (the "Charter") provides that Council members are entitled to reimbursement for actual expenses incur in the performance of their official duties with the approval of the City Council at a public meeting; and WHEREAS, the Council finds that Council members who are authorized to attend the Texas Municipal League Elected Officials' Conference are entitled to payment of or reimbursement for actual expenses incurred in connection with their participation in this event; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Sectionl. Recitals Incorporated The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. Authorization of Payment and/or Reimbursement of Expenses The Council hereby authorizes the payment and/or reimbursement of expenses incurred by Council Member Mike Crist to attend the Texas Municipal League Elected Officials' Conference in San Antonio February 17-19, 2012. All payments and/or reimbursements of the Council member's expenses shall be in accordance with the Travel and Training Policy for Anna City Council Members adopted under Resolution 2009-10-05. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 24tn day January, 2012. Res. CC Travel and Training TML Conference 1 01-24-12 Natha vvillcison, City Secretary APPROVED: Darren R. DI ak 1, Mayor Res. CC Travel and Training TML Conference 2 01-24-12 CITY bF ANNA, TEXAS Council Meeting: January 24, 2012 Account Code #: Budgeted Amount: AGENDA SUBJECT: Item No. 11 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Clark McCoy Exhibits: �C Yes ❑ No Review and discussion of proposed charter amendments. (Clark McCoy) SUMMARY: BACKGROUND In accordance with the City of Anna, Texas Home -Rule Charter (the "Charter"), the Charter Review Commission (the "Commission") convened in 2011 and made several findings and recommendations to the City Council. The City Council opted against taking any proposed amendments to the voters for a special election in November 2011, and instructed staff to be prepared to brief the Council again in time for the May 2012 election. The Council may, but is not required, to submit these recommended amendments to the voters. Further, the Council may modify the amendments or propose any additional amendments. There is one point of disagreement between the Commission's recommendations and the view of City Staff regarding the proposed amendment to Section 8.01(b) governing appointment to boards and commissions. More information regarding that issue is set forth in the discussion of that amendment later in this report. This report is primarily intended to summarize the seven amendments to the Charter as recommended by the Commission. The following sections of the Charter are at issue: Section 3.01(b) —Staggering of City Council Elections Section 3.05(d) —Filling of City Council Vacancies Section 3.06(10) — Design of Structures; Abatement of Dangerous Structures Section 6.09(b) — Vacancies Created by Recall Election Section 8.01(b) —Appointments to Boards and Commissions Section 9.01(c) — Meetings of Planning & Zoning Commission Section 12.09 —Disaster Clause Page 1 Item No. 11 City Secretary's use only PROPOSED AMENDMENTS 1. Section 3.01(1i) — Staggering of City Council Elections. Currently, City Council elections occur in three-year staggered cycles. In year one, the Mayor and three Council places are elected. In year two, the other three Council members are elected. In the final year of the election cycle there are no elections. This presents the potential that as many as four positions on the Council could change in the first year of the cycle. The Commission was concerned that such a turnover could lead to instability in policy and general direction of the City. The Commission recommended that the Charter be amended so that there is a regular election every year, which would reduce the number of potential turnover from a maximum of four positions to a maximum of three positions in the first year of the election cycle and a maximum of two positions in the second and third years of the election cycle. Instituting such staggering would require some Council members to serve an additional year on current terms or require some new elections for shortened terms before all City Council members would eventually serve three- year terms. The Commission had no recommendation as to which positions should be lengthened or shortened to achieve the staggering. Without malting any recommendation as to such lengthening or shortening, staff is providing the example of how the amendment could be achieved. Section 3.01(b) —Staggering of City Council Elections.l (b) Terms of the Council Members and the Mayor are staggered eveFy +1EF 1 .Feff VWFO Will ho „ „1^„ elect;,,,, f'! 4.,,neil MefflbeFs. Pie and the staggering of terms will be initiated as follows: (1) in the May �99� 2013 election, voters will elect Council Membe>s for Places 1 3 a �, ^Ha the fWaY 2, 4, and 6, each for three-year terms; (2) in the May �8-1-8-2014 election, voters will elect �-Council Members for Places 3 and 5�4; awl t, each for three-year terms; in the May 2015 election, voters will elect a Council Member for Place 1 and the Mayor, each for three -near terms; and (4) all subsequent regular City Council and Mayoral elections will be for three-year terms. 2. Section 3.05(d) —Filling of City Council Vacancies. Section 3.05(d) includes a sentence that relates to the appointment of vacancies on the Council by the remaining Council members. This sentence appears to be a remnant from the Staff takes no position on which Council member positions or places are lengthened or reduced. The proposed text of the amendment is intended only by way of an example showing one mamier in which to implement the proposed staggering of terms, and staff fi111y anticipates that the City Council will make any appropriate adjustments as it deems desirable. Page 2 Item No. 11 City Secretary's use only original adoption of the Charter in 2005, when Council member terms of office were only two years. When the Charter was amended to increase Council member terms to three years, this sentence should have been removed as the Texas Constitution requires all vacancies to be filled by an election, rather than by appointment. While the inclusion of the sentence is legally inconsequential, it could cause confusion. For that reason, the Commission recommended that the Charter be amended to remove the referenced sentence, as follows: Section 3.05(d) —Filling of City Council Vacancies. (d) If for any reason a single vacancy or multiple vacancies exist on the City Council, the vacancy must be filled by majority vote of the qualified voters at a special election called for such purpose within 120 days after such vacancy occurs as required by Article XI, Section 11; of the Texas Constitution. The appaintee must meet the ^ alifie tIORS •ofefene"a in Seefien 3.02 of this Gh^••* The person elected to fill the vacancy serves until the next regular municipal election for that Place on the City Council. If the position of Mayor becomes vacant, then the City Council must —as soon as is practicable after a Mayor is elected to fill the vacancy —elect the positions of Mayor Pro-Tem and Deputy Mayor Pro-Tem. 3. Section 3.06(10) —Design of Structures; Abatement of Dangerous Structures. This provision currently requires the Council to adopt rules requiring fire proof structures and uses outmoded and redundant language, for example, referencing both "buildings and structures." The Commission recommended that the language be streamlined and that "fireproof buildings" be amended to read "fire-resistant structures" and additional changes, as follows: Section —Design of Structures; Abatement of Dangerous Structures. (10) provide for the establishment and designation of fire limits and prescribe the kind and character of h"�'�orstructures or improvements to be erected; provide for the erection of fire-resistant structures fi epFoaf buildings. within certain limits; and provide for the abatement eendemnati of dangerous stfuetares ef buildings or dilapidated structures buildings of buildings ealeulated to ineivase the fife h.,zai:d and the inanneF of the;,• ,. l or- destr ,etion; 4. Section 6.09(b) —Vacancies Created by Recall Election. Similar to the issue raised with regard to Section 3.05(d), there is a fragment in this provision, namely, "by the City Council" that should be removed to clarify the fact that vacancies on the City Council must be filled by elections, not appointments. The Commission recommended the following amendment, Section 6.09(b) —Vacancies Created by Recall Election. Page 3 Item No. 11 City Secretary's use only (b) If a majority of the votes cast at such election are "Yes" votes —that is, vote in favor of recalling the person named on the ballot —the officer is, regardless of any technical defects in the recall petition, deemed removed from office and the vacancy must be filled by e City Feud- as provided in this Charter. 5. Section 8.01(b) —Appointments to Boards and Commissions. The Commission recommended that the Charter be amended to allow persons that are qualified to vote in statewide and county elections and who reside in the City's extraterritorial jurisdiction be permitted to serve on Boards and Commissions appointed by the Council, including without limitation the Planning & Zoning Commission, the Board of Adjustments, the City's development corporations, the Parks Board, etc. City staff takes a different view with respect to this recommendation of the Commission, as allowing nonresidents to serve on these City boards would likely dilute the voice and influence of voting residents of the City and increase the influence of persons that may or may not eventually become City residents, and who may not become City residents for a period of many years. To the extent that the Council is inclined to include persons in the ETJ to serve on Boards and Commissions, staff would recommend that such a policy not apply with respect to the Planning & Zoning Commission or the Board of Adjustment as decisions by those Boards can have legal effect that is more than purely advisory in nature. It should be noted that the Commission's recommended amendment would restrict the number of appointments of such persons so that a majority of the members of each board or commission are City residents. The amendment proposed by the Commission could be achieved as follows: Section —Appointments to Boards and Commissions. (b) Individuals who are qualified to vote in Texas elections and who reside vet€rs-in the City or in the City's extraterritorial jurisdiction may be appointed by the City Council to serve on one or more boards, commissions or committees. The City Council must make such appointments in a manner that results in the membership of each board, commission, or committee being composed of at least a majority of individuals residing within the City's corporate limits. A11-S+" appointees serve at the pleasure of the City Council and may be removed at the discretion of the City Council, except as otherwise required by state law. Appointees must be removed and replaced by the City Council when necessary to ensure that the membership of each board, commission or committee is composed of at least a majority of individuals residing within the City's porate limits. Except as otherwise provided in this Charter, members of any such board, commission, or committee serve without compensation but may be reimbursed for actual expenses as approved by the City Council. Item No. 11 City Secretary's use only 6. Section 9.01(c) — Meetings of Planning & Zoning Commission. The Charter currently requires the Planning & Zoning Commission to elect from its members a Chairman, a Vice Chairman, and Secretary in July of each year. The Commission recommended that this provision be amended so that said officer positions may be elected during the subsequent meeting of the Planning & Zoning Commission that follows the month of July if there is no July meeting. The proposed amendment is as follows: Section 9.01(c) —Meetings of Planning &Zoning Commission. (c) No member may serve on the Commission for more than three completed consecutive terms, exclusive of any unexpired term to which the member may have been appointed to fill due to a vacancy on the Commission. Any vacancy occurring during the unexpired term of a member may be filled by the City Council for the remainder of the unexpired term. In July of each year, or during the Commission's next meeting after July if the Commission does not meet in July, the Commission must elect from its members a Chairman, Vice Chairman, and Secretary to serve for one year beginning in that month. Members of the Commission may be removed, without cause, by an affirmative vote of a majority of the full membership of the City Council, 7. Section 12.09 —Disaster Clause. The Disaster Clause currently provides that if there are multiple deaths or injuries to City Council members so as to prevent a legal quorum, a temporary commission may be appointed to act and call a special election. The Commission recommended that in addition to this clause being triggered by deaths and injuries, it also include as a trigger absence of members caused by or in the wake of a disaster. The proposed amendment is as follows: Section 12.09 —Disaster Clause. In case of disaster when a legal quorum of the City Council cannot otherwise be assembled due to multiple disaster -related absences, deaths or injuries, the surviving persons of the City Council, or highest surviving City official if no elected official remains, must within 24 hours of such disaster, request the highest surviving officers of the local Chamber of Commerce and the Board of Trustees of the local school district, and the County Judge of Collin County to appoint a commission to act during the emergency and call a City election within 15 days of such disaster, or as provided in the Texas Election Code, for election of a required quorum, if for good reasons it is known a quorum of the present City Council will never again meet. Page 5 Item No. 11 City Secretary's use only RECOMMENDED ACTION: It is recommended that the Council discuss and consider these and any other potential Charter amendments and provide staff with feedback as to the extent to which the Council intends to put any of the amendments before the voters in the May 2012 election. Council Meeting: January 24, 2012 Account Code #: N/A Budgeted Amount: N/A AGENDA SUBJECT: exemption to application Wilkison) Item No.12 City Secretary's use only City of Anna City Council Agenda Staff Report Consider/Discuss/Action of certain provisions of Staff Contact: Natha Wilkison Date Prepared: 1-19�12 Exhibits: � Yes ❑ No approving a Resolution granting per policy manual. (Natha SUMMARY: Due to my injury in July 2011 I have not returned to work full time yet. I have not been able to use the required vacation before the end of January. I do not want to lose the time and so I am requesting an exemption to Chapter 7, 7.03: Vacation Leave (d) Unused Vacation Leave. Employees are expected to use at least one week of vacation leave each year starting in the second calendar year of employment. Unused vacation leave of no more than 240 hours may be carried over for the next calendar year. At the end of January, any accrued vacation hours in excess of 240 hours (excluding hours accrued in January) are reduced to 240 hours. No advance of unearned vacation leave will be made for any reason. RECOMMENDATION: Staff recommends approval of the resolution. CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS, GRANTING EXEMPTION TO APPLICATION OF CERTAIN PROVISIONS OF PERSONNEL POLICY MANUAL WHEREAS, the City of Anna, Texas ("the City") has previously adopted the City of Anna Personnel Policy Manual ("the Manual"), which describes guidelines and policies for the City's personnel; and WHEREAS, the City of Anna, Texas City Council ("City Council") has determined that it is in the City's best interest to exempt the current City Secretary from the application of certain personnel policies. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The above -referenced recitals are incorporated herein as if set forth in full for all purposes. Section 2. Exemption from Personnel Policy Manual. 2.01 The City Council has found and determined that it is in the best interests of the City to extend the time period for the current City Secretary to use already - accrued vacation leave of 39.80 hours so that instead of those hours expiring if not used on or before January 31, 2012, those hours may be used before or after January 31, 2012 and will not expire unless any of said hours are not used on or before March 31,2012 . Any vacation leave time used by the City Secretary on or before March 31, 2012 shall be deemed to first reduce the 39.80 hours of already -accrued vacation time that are the subject of this resolution until said hours are exhausted, and any additional vacation leave time used on or before said date shall be deemed to reduce the normal maximum accrued vacation leave hours. 2.02 This allowance is an authorized exemption from any City policies to the contrary, including any provisions of the rules, policies or regulations contained in the City of Anna Personnel Policy Manual. 2.03 This allowance is effective immediately upon the adoption of this resolution. CITY OF ANNA, TEXAS RESOLUTION NO. Page 1 of 2 Section 3. Effective Date. This resolution shall become effective immediately upon adoption. PASSED by the City Council of the City of Anna, Texas, on this the 24th day of January, 2012. ATTEST: Natha Wilkison, City Secretary APPROVED: Darren R. Driskell3 Mayor CITY OF ANNA, TEXAS RESOLUTION NO. Page 2 of 2 Council Meeting: January 24, 2012 Account Code #: N/A Budgeted Amount: N/A Item No.13 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 1-19-12 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. discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); Purchase of park land. b. Consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071); 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; Danielle Budow v. State of Texas, Cause No. 296-04555-2011 in the 296t" District Court of Collin County, Texas; Anticipated litigation regarding nuisance property condition at 323 East 7th Street, Anna, Texas; Charges for certain emergency response services; Update on Anna -Melissa wastewater metering station. c. Personnel Matters: Discussion regarding City Secretary. (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. SUMMARY: Council Meeting: January 245 2012 Account Code #: N/A Budgeted Amount: N/A Item No. 14 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 1-19-12 Exhibits: ❑Yes ❑ No AGENDA SUBJECT: Consider/Discuss/Action on any items listed on posted agenda for January 24, 2012 City of Anna Workshop Session or any closed session occurring during this Regular Meeting, as necessary. RECOMMENDATION: R� Council Meeting: January 24I 2012 Account Code #: N/A Budgeted Amoun AGENDA SUBJECT: SUMMARY: RECOMMENDATION: N/A Adjourn. Item No. 15 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 1-19-12 Exhibits: ❑Yes ❑ No Staff recommends a motion to adjourn.