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CITY OF ANNA AGENDA NOTICE — REGULAR CITY COUNCIL
AGENDA ADDENDUM
May 10, 2011 7:30 p.m. — Anna City Hall Administration Building
The City Council of the City of Anna will meet in Regular Session at 7:30 p.m., May 10,
2011, at the Anna City Hall Administration Building, located at 111 North Powell
Parkway (Hwy 5), regarding the following items.
The following item is added to the Consent Items for consideration:
6. Consent Items
(e) Authorization to solicit bids for the 2011 Street Improvement Project.
This is to certify that I, Natha Wilkison, City Secretary, posted this addendum to the
agenda of items for consideration by the City of Anna City Council 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., May 6, 2011.
.lVactfm 2UiePmm
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.
05-10-11 CC Addendum to the Agenda.doc I Posted 05-06-11
IL
Council Meeting: May 10, 2011
Item No. 6 (e)_
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Philip Sanders
Account Code #:
Budgeted Amount: Exhibits: ❑ Yes ❑ No
AGENDA SUBJECT: Authorization to solicit bids for the 2011 Street Improvement Program.
SUMMARY: Staff is requesting that the City Council authorize the solicitation of competitive
bids for the 2011 Street Improvement Program. This year's program includes the reconstruction
of 5th Street from Sherely Ave. to Wortham Street as the primary project; and the reconstruction
of Wortham Street as an alternate project depending on the availability of funds. Attached is an
estimate of probably cost from the design engineer.
RECOMMENDATION: Staff recommends approval of this request.
BIRKHOFF, HENDRICKS & CARTER, L.L.P.
PROFESSIONAL ENGINEERS
11910 Greenville Ave., Suite 600 Dallas, Texas 75243 Fax (214) 461-8390 Phone (214) 361-7900
JOHN W. BIRKIIOFF, P.E.
GARY C. HENDRICKS, P.E.
JOE R. CARTER, P.E.
PAULA. CARLINE, P.E.
MATT HICKEY, P.E. March 25, 2011
ANDREW MATA, JR., P.E.
JOSEPH T. GRAJEWSKI, 111, P.E.
Mr, Philip Sanders
City Manager
City of Anna
111 North Powell Parkway
Anna, Texas 75049
Re: 5"' Street Rehabilitation Project
Preliminary Plans
Dear Mr. Sanders:
We are pleased to submit two (2) two sets of preliminary construction plans for the 5"' Street Rehabilitation
project. Also enclosed is our itemized Opinion of Probable Construction Cost for your review. At this stage,
the design phase of the project is 90% complete and our opinion of probable construction cost is:
Base Bid:
$73,247
Alt. Bid:
$36,079
Conti ngencyJ10%): ._
$10,933
Total:
$120,259
Please review the enclosed plans, and respond with any comments or questions. Upon receiving the
comments from you, we will finalize the plans and proceed to the bidding phase.
We are available to discuss this project further at your convenience.
Enclosures
Cc: James Parkman
Sincerely,
Craig M. Kerkhoff, P.E.
Texas American Public TPorks Association 2010 Awardee
Environmental Project of the Year $10 - $100 Million
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CITY OF ANNA AGENDA NOTICE -CITY COUNCIL WORKSHOP
May 10,2011 6:30 p.m. Anna City Hall Administration Building
The City Council of the City of Anna will meet in Workshop Session at 6:30 p.m., May
10, 20 11, at the Anna City Hall Administration Building, located at 111 North Powell
Parkway (Hwy 5), regarding the following items.
I. Call to Order
2. Roll Call and Establishment of Quorum.
3. Preview ofFY 2012 Budget. (Philip Sanders)
3. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter
551, the City Council may enter into closed session to discuss any items
listed or referenced on this agenda under the following exceptions:
a. consult with legal counsel regarding pending or contemplated
litigation and/or on matters in which the duty of the attorney to the
governmental body under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflicts
with Chapter 551 of the Government Code (Tex. Gov't Code
§551.071); discussion regarding delinquent tax matters and related
annexations.
The council further reserves the right to enter into executive
session at any time throughout any duly noticed meeting under any
applicable exception to the Open Meetings Act.
4. Discussion regarding any item on the City Council's May 10, 2011
Regular Meeting Agenda Notice, which was posted at the same date, time
and place of this Workshop Agenda Notice.
5. 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 ofthe items listed on this agenda, whenever it is
considered necessary and legally justified under the Open Meeting Act.
3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924
3325 two working days prior to the meeting so that appropriate arrangements can be made.
05-10-11 CC Regular Meeting Agenda.doc Posted 05-06-11
This is to certify that I, Natha Wilkison, City Secretary, posted this agenda
at a place readily accessible to the public at the Anna City Hall and on the
City Hall bulletin board at or before 5 :00 p.m., May 6, 2011.
Natha Wilkison, City Secretary
L The Council may vote and/or act upon each of the items listed in this agenda.
2. The Council reserves the right to retire into executive session concerning any ofthe items listed on this agenda, whenever it is
considered necessary and legally justified under the Open Meeting Act
3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924
3325 two working days prior to the meeting so that appropriate arrangements can be made.
05-10-11 CC Regular Meeting Agenda.doc 2 Posted 05-06-11
CITY OF ANNA AGENDA NOTICE -CITY COUNCIL REGULAR MEETING
May 10,2011 7:30 p.m. -Anna City Hall Administration Building
The City Council of the City of Anna will meet in Regular Session at 7:30 p.m., May 10,
2011, at the Anna City Hall Administration Building, located at 111 North Powell
Parkway (Hwy 5), to consider the following items.
Welcome to the City Council Meeting. Please sign the Sign-In-Sheet as a record of
attendance. If you wish to speak on an open-session agenda item please fill out the
Opinion/Speaker Registration Form and turn it in to the City Secretary before the
meeting starts.
1. Call to Order.
2. Invocation and Pledge of Allegiance.
3. Citizen comments. Citizens are allowed 3 minutes to speak. The Council is unable
to respond to or discuss any issues that are brought up during this section that
are not on the agenda, other than to make statements of specific factual
information in response to a citizen's inquiry or to recite existing policy in
response to the inquiry.
4. Receive reports from Staff or the City Council about items of community interest.
Items of community interest include: expressions of thanks, congratulations, or
condolence; information regarding holiday schedules; an honorary or salutary
recognition of a public official, public employee, or other citizen (but not
including a change in status ofa person's public office or public employment); a
reminder about an upcoming event organized or sponsored by the governing
body; iriformation 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 ofthe municipality; and announcements involving an imminent threat to
the public health and safety ofpeople in the municipality that has arisen after the
posting ofthe 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 ofthe items listed on this agenda, whenever it is
considered necessary and legally justified under the Open Meeting Act.
3, Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924
3325 two working days prior to the meeting so that appropriate arrangements can be made,
05-10-11 CC Regular Meeting Agenda,doc 3 Posted 05-06-11
5. Presentation of Certificate of Appreciation to Joseph Heard for the Natural
Springs Park Gazebo.
6. Consent Items. These items consist ofnon-controversial or "housekeeping" items
required by law. Items may be considered individually by any Council member
making such request prior to a motion and vote on the Consent Items.
a. City Council Minutes for Regular Meeting April 26, 2011.
b. Approve "Roell Addition" final plat. The property is located at 1108 N.
Powell Pkwy. (Maurice Schwanke)
c. Approve a replat of lots 8 and 9 Block K of the West Crossing Addition.
(Maurice Schwanke)
d. Review P & Z Minutes for April 4, 2011.
7. Second public hearing regarding a Resolution regarding need to continue in effect
current curfew for minors. (Chief Jenks)
8. Consider/Discuss/Action approving a Resolution regarding need to continue in
effect current curfew for minors Ordinance No. 208-2005. (Chief Jenks)
9. Consider/ Discuss/Action approving a Resolution regarding approving and
designating the City Manager as the authorized official of the Grant Application
for the Active Shooter Response Project to the Office of the Governor, Criminal
Justice Division. (Chief Jenks)
10. ConsiderlDiscuss/Action approving an Operations Agreement with South
Grayson Water Supply. (Philip Sanders)
11. Consider/Discuss/Action adopting an Ordinance regarding Protection of Attorney
Client Privilege. (Clark McCoy)
12. ConsiderlDiscuss/ Action on a Resolution submitting nominees to serve on the
Board of Directors of the North Texas Groundwater Conservation District. (Philip
Sanders)
1. The Council may vote and/or act upon each of the items listed in this agenda.
2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is
considered necessary and legally justified under the Open Meeting Act.
3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924
3325 two working days prior to the meeting so that appropriate arrangements can be made.
05-10-11 CC Regular Meeting Agenda.doc 4 Posted 05-06-11
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. consult with legal counsel regarding pending or contemplated
litigation and/or on matters in which the duty ofthe 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); discussion regarding delinquent tax matters and related
annexations.
The council further reserves the right to enter into executive
session at any time throughout any duly noticed meeting under any
applicable exception to the Open Meetings Act.
]4. ConsiderlDiscuss/Action on any items listed on posted agenda for May 10, 2011
City of Anna Workshop Session or any closed session occurring during this
Regular Meeting, as necessary.
15. 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., May 6, 2011 .
.NatIia WiIflkcm
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 ofthe items listed on this agenda, whenever it is
considered necessary and legally justified under the Open Meeting Act.
3. Persons with a disability who want to attend this meeting Vltho 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.
05-10-11 CC Regular Meeting Agenda.doc 5 Posted 05-06-11
ItemNo.~
City Secretary use only
City of Anna
Staff Agenda Report
Council Meeting: 05/10/11 Staff Contact: Maurice Schwanke
Prepared by: Maurice Schwanke
Account Code #:__N:....!.:...OIA.c!.-______ Date Prepared:, __--:::.0=51.-"'5-'-'1l'-'1~__
Budgeted Amount:....:;$i:--N:....!.:...OIA--"--______ Exhibits: 0 Yes • No
AGENDA SUBJECT: Presentation of a Certificate of Appreciation to Joseph Heard
for work on a Gazebo at Natural Springs Park.
SUMMARY: Over the past several months Britain with the help of Funds from the
CDC, donated labor, donations from the City of Anna, and the help of our public works
staff has finished a Gazebo in Natural Springs Park project to earn his Eagle Scout
Badge.
RECOMMENDED ACTION: Presentation of the Certificate of Appreciation
__ _
Item No.6 (b)
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Council Meeting: May 10. 2011 Staff Contact: Maurice. Schwanke
Account Code #:__No....:.:...!/A-'!.-______ Date Prepared: 05/04111
Budgeted Amount:.___---....:N-'-'I'""-A~ Exhibits: • Yes DNo
AGENDA SUBJECT: ConsiderlDiscuss/Action approving "Roell Addition" final plat. The
property is located at 1108 N. Powell Pkwy.
SUMMARY: The "Roell Addition" is a 0.609 acre parcel ofland that has not been platted in
the past. The property is located at 1108 N. Powell Pkwy (State Highway Number 5). In
anticipation of applying for a building permit the applicant is being required to prepare this plat
so that the land will be in conformance with Section 48 of the Zoning Ordinance which deals
with the creation of a building site.
PLANNING AND ZONING ACTION: The Planning and Zoning Commission recommend
approval of the "Roell Addition" final plat at their meeting on May 2, 2011. The vote was
unanimous.
RECOMMENDED ACTION: Approval
Item No.6 (c)
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Council Meeting: May 10, 2011 Staff Contact: Maurice. Schwanke
Account Code #:__N,,--,-,-,IA--'--______ Date Prepared: 05/04/11
Budgeted Amount:___--=-N"'""/A~___ Exhibits: • Yes DNo
AGENDA SUBJECT: ConsiderlDiscuss/Action approving a replat of lots 8 and 9 Block K of
the West Crossing Addition.
SUMMARY: The two lots involved on this replat have been submitted to address the side
yard requirements for a house that has been sold for lot 9. Both lots exceed the 7,200 square
feet minimum lot size. The smaller lot exceeds 7,400 square feet. The center lot line will not
be radial to the street; however, that is not a significant issue.
PLANNING AND ZONING ACTION: The Planning and Zoning Commission
recommended approval of the replat of lots 8 and 9, Block K of the West Crossing Addition at
their meeting of May 2, 20 II. The vote was unanimous. Of lot
RECOMMENDED ACTION: Approval
Item No. 7 & 8
City Secretary's use only
CITY OF ANNA. TEXAS
City of Anna
City Council Agenda
Staff Report
Council Meeting: May 10, 2011 Staff Contact: Chief Jenks
Account Code #: _____________
Budgeted Amount: ____________ Exhibits: ~ Yes DNo
AGENDA SUBJECT: ConsiderlDiscuss/Action approving a Resolution regarding need
to continue in effect current curfew for minors Ordinance No. 208-2005.
SUMMARY: Every three (3) years, the Ordinance that established a Youth Curfew must
be reviewed.
The Youth Curfew Ordinance provides our community and police officers a valuable tool
to help prevent juvenile crime and curtail criminal activity. Persons of juvenile age
(under 17) are prohibited from being out without parental supervision after 11 pm on
school nights and midnight on all other nights. Those persons that appear to be under the
age of 17 out and about during curfew hours can be stopped by officers and an inquiry
made as to what they are doing and whether their parents know where they are.
31 warnings/citations have been written during the current duration of the ordinance. The
parent was unaware that their child was out during many of these contacts.
STAFF RECOMMENDATION: Approve the resolution renewing the ordinance.
Item No=.9_-:
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Council Meeting: May 10, 2011 Staff Contact: Chief Jenks
Account Code #:,__N"-"-'.!A=-______ Date Prepared: 5!5111
Budgeted Amount: ___-----=N--"!-"-A~___ Exhibits: ~ Yes DNo
AGENDA SUBJECT:
Consider! Discuss/Action approving a Resolution regarding approving and designating
the City Manager as the authorized official of the Grant Application for the Active
Shooter Response Project to the Office of the Governor, Criminal Justice Division.
SUMMARY:
The Police Department recently submitted an application for a federally funded grant
through the Office of the Governor. The grant, totaling $78,815.39, will enable the police
department to purchase equipment necessary to quickly and safely respond to active
shooter incidents. Each patrol unit will be equipped with active shooter response kits,
including Level IlIA ballistic shields, Level IlIA ballistic helmets, Level IlIA ballistic leg
armor, gas masks, and face shields. In addition, this grant will enable the police
department to purchase a virtual training solution, which will provide reality-based
training for a multitude of situations, including shoot situations, family violence, and
other volatile incidents. The grant also includes $2,500.00 for training.
The resolution authorizes the City Manager to act as the authorized official and ensures
the funds are used appropriately.
RECOMMENDATION:
I recommend the city council approve the resolution.
ItemNo.~
City Secretary' s use only
City of Anna
City Council Agenda
Staff Report
Council Meeting: May 10.20] I Staff Contact: Philip Sanders
Account Code
Budgeted Amount:____~----Exhibits: 0 Yes DNo
AGENDA SUBJECT: Consider/Discuss/Action regarding a Resolution approving an
Operations Agreement with the South Grayson Water Supply Corporation.
SUMMARY: In 2006, the City of Anna purchased a large portion of the South Grayson Water
Supply Corporation system that was located in the Anna ETJ. In order to obtain approval of the
purchase from the Texas Commission on Environmental Quality (TCEQ), the final agreement
excluded certain water customers that are within South Grayson's CCN (service area) and that
are outside the City's ETJ. As a result of the sale about 20 water customers located south of the
Anna/Melissa ETJ boundary were cut-off from the remainder of the South Grayson water
system. In order to continue to serve these customers, South Grayson buys water from the City
of Anna at a wholesale rate and then charges these customers the normal South Grayson water
rate.
Because these customers are located so far away from the remainder of the South Grayson
system, South Grayson Water Supply Corporation has requested that the City of Anna enter into
an Operations Agreement whereby we would operate the portion of their system that supports
these 20 customers on behalf of South Grayson. As an operator, we would bill these customers
on behalf of South Grayson but keep the revenue collected. We would also be responsible for
maintaining the infrastructure that serves the new customers.
The Agreement requires South Grayson to amend their water rates for these customers so that
they are equal to 1.25 times the rate charged to City of Anna customers that live inside the city
limits (the same rate paid by other City of Anna customers who live outside the city limits). The
term of the Agreement is for ten years and can be cancelled by either party with 90 days written
notice.
RECOMMENDATION: Taking over the operation of this system will result in an estimated
$10,000 annual net increase in revenue to the City's utility fund. Staff recommends approval of
this Agreement
Item No.
City Secretary's use only
CITY OF ANNA, TEXAS
City of Anna
City Council Agenda
Staff Report
Council Meeting: May 10, 20 II Staff Contact: Clark McCoy
Account Code #:__________
Budgeted Amount: _________ Exhibits: )( Yes ONo
AGENDA SUBJECT:
Consider!Discuss! Action adopting an Ordinance regarding Protection of Attorney Client
Privilege. (Clark McCoy)
SUMMARY:
The City will often be in the position of receiving privileged and confidential information
from its city attorney or other designated attorneys representing the City, and many of
such communications are considered confidential under State law based on
attorney!client privilege. Based on some recent opinions of the Texas Attorney General,
there is a general concern among many municipal attorneys that there could be instances
in which the attorney!client privilege could be inadvertently or unintentionally waived.
This ordinance is aimed at preventing such as waiver by requiring at least a majority of
the City Council to vote to waive a privilege held by the City. This is a preventative
measure and is not connected with any current City business or City-related situation or
issue.
RECOMMENDED ACTION:
Approval of the proposed ordinance.
ItemNo.~
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Council Meeting: May 10, 2011 Staff Contact: Philip Sanders
Account Code
Budgeted Amount:,_________ Exhibits: Yes No
AGENDA SUBJECT: ConsiderlDiscuss/Action on a Resolution submitting nominees
to serve on the Board of Directors of the North Texas Groundwater Conservation District.
SUMMARY: The North Texas Ground Water Conservation District is governed by a
nine (9) member board of directors appointed by the County Commissioners from Collin,
Denton, and Cook Counties. Each County appoints three directors. The State law
requires one director to be selected from a slate of not more than three nominees
submitted by the largest municipal groundwater producer in each county. The City of
Anna is the largest municipal groundwater producer in Collin County.
In 2009 the Anna City Council nominated and the Collin County Commissioners Court
appointed me to serve a two year term on the board which expires on June 1. In
accordance with State law, the County has requested that the City of Anna submit a slate
of three names in priority order to serve on the board of directors.
RECOMMENDATION: The ground water district board will have the power to
regulate ground water production within the three counties covered by the district.
Operating costs for the district will be assessed to the ground water producers of which
Anna is one of the largest. Those costs will result in an added charge to all City of Anna
utility customers. Because of the potential operational and financial impact on the City,
Staff recommends that the City Manager or a member of the City Council serve as the
City's representative on the board of directors as they would be in the best position to
evaluate the impact that actions of the board will have on our utility operations. I am
willing to serve an additional term at the City Council discretion.