HomeMy WebLinkAboutCCpkt2011-05-24
CITY OF ANNA AGENDA NOTICE – CITY COUNCIL WORKSHOP
May 24, 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
24, 2011, at the Anna City Hall Administration Building, located at 111 North Powell
Parkway (Hwy 5), regarding the following items.
1. Call to Order
2. Roll Call and Establishment of Quorum.
3. Preview of FY 2012 Budget. (Philip Sanders)
4. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov’t Code Chapter
551, the City Council may enter into closed session to discuss any items
listed or referenced on this agenda under the following exceptions:
a. consult with legal counsel regarding pending or contemplated
litigation and/or on matters in which the duty of the attorney to the
governmental body under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflicts
with Chapter 551 of the Government Code (Tex. Gov’t Code
§551.071); 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.
5. Discussion regarding any item on the City Council’s May 24, 2011
Regular Meeting Agenda Notice, which was posted at the same date, time
and place of this Workshop Agenda Notice.
6. 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.
05-24-11 CC Regular Meeting Agenda.doc 1 Posted 05-20-11
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.
05-24-11 CC Regular Meeting Agenda.doc 2 Posted 05-20-11
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 20, 2011.
___Natha Wilkison___
Natha Wilkison, City Secretary
CITY OF ANNA AGENDA NOTICE – CITY COUNCIL REGULAR MEETING
May 24, 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 24,
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 of a person’s public office or public employment); a
reminder about an upcoming event organized or sponsored by the governing
body; information regarding a social, ceremonial, or community event organized
or sponsored by an entity other than the governing body that was attended or is
scheduled to be attended by a member of the governing body or an official or
employee of the municipality; and announcements involving an imminent threat to
the public health and safety of people in the municipality that has arisen after the
posting of the agenda.
1. The Council may vote and/or act upon each of the items listed in this agenda.
2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is
considered necessary and legally justified under the Open Meeting Act.
3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924-
3325 two working days prior to the meeting so that appropriate arrangements can be made.
05-24-11 CC Regular Meeting Agenda.doc 3 Posted 05-20-11
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.
05-24-11 CC Regular Meeting Agenda.doc 4 Posted 05-20-11
5. Presentation of Certificate of Appreciation to Joseph Heard for the Natural
Springs Park Gazebo.
6. Consent Items. These items consist of non-controversial or “housekeeping” items
required by law. Items may be considered individually by any Council member
making such request prior to a motion and vote on the Consent Items.
a. 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.
e. Authorization to solicit bids for the 2011 Street Improvement Project.
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. (a) To consider public comment on a request by Aaron Towner, representing
Anna Commercial Partners, LLC, owner of property, requesting an amendment to
the existing Planned Development zoning (PD 367-2008) on the subject tract for
Planned Development zoning to specifically allow the operation of a major
automobile repair and service business with no outside storage on the tract as a
permitted use. The tract is currently zoned as Planned Development zoning with
General Commercial (C2) uses with restrictions on the subject tract. The property
is generally located south of West White Street and west of Hawthorne Road.
(Maurice Schwanke)
(b) Consider/Discuss/Action Adopting an ordinance amending the City’s
comprehensive plan, zoning map and zoning ordinance and changing the zoning
of certain property. The tract is currently zoned as Planned Development zoning
with General Commercial (C2) uses with restrictions on the subject tract. The
property is generally located south of West White Street and west of Hawthorne
Road. (Maurice Schwanke)
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.
05-24-11 CC Regular Meeting Agenda.doc 5 Posted 05-20-11
10. (a) To consider public comment on a request by Danielle Dorman Chapa,
representing Marty and Valerie Arms, owner of property, to change zoning of
property from Single Family Residential (SF1) to Restricted Commercial (C1)
with a Specific Use Permit to allow the construction and operation of a daycare
center on a portion of the property. The property is generally located east of
Interurban Street and south of West White Street and generally known as 811 S.
Interurban St. (Maurice Schwanke)
(b) Consider/Discuss/Action Adopting an ordinance to change zoning of property
from Single Family Residential (SF1) to Restricted Commercial (C1) with a
Specific Use Permit to allow the construction and operation of a daycare center on
a portion of the property. The property is generally located east of Interurban
Street and south of West White Street and generally known as 811 S. Interurban
St. (Maurice Schwanke)
11. Consider/Discuss/Action regarding Approving a site plan and landscape plan for
the proposed (Mudpies) daycare center. (Maurice Schwanke)
12. Consider/Discuss/Action regarding Approving “Mudpies Addition” final plat.
(Maurice Schwanke)
13. 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)
14. Consider/Discuss/Action approving an Operations Agreement with South
Grayson Water Supply. (Philip Sanders)
15. Consider/Discuss/Action regarding resolution of public necessity for the public
welfare and convenience to acquire an easement(s) necessary for the construction
and maintenance of facilities and improvements related to the Texas Community
Development Block Grant Program project for utility lines to service areas on or
near property owned by Marijewel Dickerson in the City of Anna, Texas. (Clark
McCoy)
16. Consider/Discuss/Action adopting an Ordinance regarding Protection of Attorney
Client Privilege. (Clark McCoy)
17. Consider/Discuss/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.
05-24-11 CC Regular Meeting Agenda.doc 6 Posted 05-20-11
18. Consider/Discuss/Action approving a Resolution authorizing the City Manger to
execute an agreement for the production of a Fireworks Display. (Philip Sanders)
19. 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
b. 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
20. Consider/Discuss/Action on any items listed on posted agenda for May 24, 2011
City of Anna Workshop Session or any closed session occurring during this
Regular Meeting, as necessary.
21. 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 20, 2011.
__Natha Wilkison___
Natha Wilkison, City Secretary
Item No.6 (a-e)
City Secretary’s use only
City of Anna
City Council Agenda
Staff Report
Council Meeting: May 24, 2011 Staff Contact: Philip Sanders
Account Code #: N/A Date Prepared: 5/20/11___
Budgeted Amount: N/A 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. 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
e. Authorization to solicit bids for the 2011 Street Improvement Project.
SUMMARY:
RECOMMENDATION: Staff recommends approval of the consent items.
Item No. 6e
City Secretary’s use only
City of Anna
City Council Agenda
Staff Report
Council Meeting: May 24, 2011 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.
Item No. 7_
City Secretary’s use only
City of Anna
City Council Agenda
Staff Report
Council Meeting: May 10, 2011 Staff Contact: Chief Jenks
Account Code #:
Budgeted Amount: Exhibits: Yes No
AGENDA SUBJECT: Second public hearing regarding a Resolution regarding need to
continue in effect current curfew for minors.
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.
31warnings/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: This is a public hearing
Item No. __ 8
City Secretary’s use only
City of Anna
City Council Agenda
Staff Report
Council Meeting: May 24, 2011 Staff Contact: Chief Jenks
Account Code #:
Budgeted Amount: Exhibits: Yes No
AGENDA SUBJECT: Consider/Discuss/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.
31warnings/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 (a & b)
City Secretary’s use only
City of Anna
City Council Agenda
Staff Report
Council Meeting: May 24, 2011 Staff Contact: Maurice. Schwanke
Account Code #: N/A Date Prepared: 05/19/11__
Budgeted Amount: N/A Exhibits: Yes No
AGENDA SUBJECT: (a) Public Hearing
To consider public comment on a request by Aaron Towner, representing Anna Commercial
Partners, LLC, owner of property, requesting an amendment to the existing Planned
Development zoning (PD 367-2008) on the subject tract for Planned Development zoning to
specifically allow the operation of a major automobile repair and service business with no
outside storage on the tract as a permitted use. The tract is currently zoned as Planned
Development zoning with General Commercial (C2) uses with restrictions on the subject tract.
The property is generally located south of West White Street and west of Hawthorne Road.
(Maurice Schwanke)
This requested zoning is a revision to the existing Planned Development that covers this tract.
The tract is adjacent to Warrior Tire now under construction to the west and Advantage Storage
to the south. A minor automobile repair facility would be allowed in this area; however, the
proponent also wants to include some elements under the major automobile repair definition.
This tract is ideal for this type of use because of the existing buffering from surrounding
residential properties if certain design elements are addressed. The attached ordinance and site
plan/landscape plan put in place those elements which address the staffs concerns. With the
proposed layout and ordinance constraints no significant impact is anticipated on the nearby
neighborhood. The Pit Stop which currently exists to the east approximate one mile will be
replaced by this location.
(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 tract is currently zoned as Planned Development zoning with General
Commercial (C2) uses with restrictions on the subject tract. The property is generally located
south of West White Street and west of Hawthorne Road. (Maurice Schwanke)
PLANNING AND ZONING ACTION: The Planning and Zoning Commission
recommended approval of the proposed ordinance at their meeting on May 2, 2011 meeting.
The vote was unanimous.
RECOMMENDED ACTION: Approval of Ordinance.
Item No. 10 (a & b)
City Secretary’s use only
City of Anna
City Council Agenda
Staff Report
Council Meeting: May 24, 2011 Staff Contact: Maurice. Schwanke
Account Code #: N/A Date Prepared: 05/19/11__
Budgeted Amount: N/A Exhibits: Yes No
AGENDA SUBJECT: (a) Public Hearing
(a) To consider public comment on a request by Danielle Dorman Chapa, representing Marty
and Valerie Arms, owner of property, to change zoning of property from Single Family
Residential (SF1) to Restricted Commercial (C1) with a Specific Use Permit to allow the
construction and operation of a daycare center on a portion of the property. The property is
generally located east of Interurban Street and south of West White Street and generally known
as 811 S. Interurban St. (Maurice Schwanke)
Ms. Danielle Dorman Chapa, owner of Mudpies & Lullabies Preschool in Melissa is currently
seeking to commercially zone a one acre tract with the intent to build a daycare center
“Mudpies & Lullabies Daycare” located in Anna. The site is located adjacent to a facility
owned by the Anna Independent School District that is used for athletic and FFA activities to
the south. The property to the north which has a single family home on it has joined in on this
case. Further to the north is the Germanic Insurance building where the Greater Anna Chamber
of Commerce office exists. According to the Adopted Comprehensive Plan this area is slated
for commercial development. As such this use is consistent with the Plan. Under the City
Code a daycare facility also requires a Specific Use Permit, which has been submitted as part of
this application. According to the proponent 60 children that attend the Melissa facility live in
Anna.
(b) Consider/Discuss/Act on recommendation regarding an ordinance to change zoning of
property from Single Family Residential (SF1) to Restricted Commercial (C1) with a Specific
Use Permit to allow the construction and operation of a daycare center on a portion of the
property. The property is generally located east of Interurban Street and south of West White
Street and generally known as 811 S. Interurban St.
(Maurice Schwanke)
PLANNING AND ZONING ACTION: The Planning and Zoning Commission
recommended approval of the proposed ordinance at their meeting on May 2, 2011 meeting.
The vote was unanimous.
RECOMMENDED ACTION: Since approval of the Site Plan at the Planning and Zoning
Commission the site has been flipped to save a significant number of trees. The staff is
recommending that the “C-1” zoning be approved on the entire site and a Specific Use permit
with the revised site plan be approved on the tract proposed for the daycare facility.
Item No. 11
City Secretary’s use only
City of Anna
City Council Agenda
Staff Report
Council Meeting: May 24, 2011 Staff Contact: Maurice. Schwanke
Account Code #: N/A Date Prepared: 05/19/11__
Budgeted Amount: N/A Exhibits: Yes No
AGENDA SUBJECT: Consider/Discuss/Action approving “Mudpies Site Plan and Landscape
Plan. The property is located at 817 S. Interurban.
SUMMARY: The “Mudpies Site Plan and Landscape Plan is located on a 0.993 acre parcel of
land with the use proposed as a Daycare facility. Since approval of the Site Plan at the
Planning and Zoning Commission the site has been flipped to save a significant number of
trees. The flipping of the site plan will not adversely affect the area.
PLANNING AND ZONING ACTION: The Planning and Zoning Commission recommend
approval of the Site Plan and Landscape Plan at their meeting on May 2, 2011. The vote was
unanimous.
RECOMMENDED ACTION: Since approval of the Site Plan at the Planning and Zoning
Commission the site has been flipped to save a significant number of trees. The staff is
recommending that the “C-1” zoning be approved on the entire site and a Specific Use permit
with the revised site plan be approved on the tract proposed for the daycare facility.
Item No. 12
City Secretary’s use only
City of Anna
City Council Agenda
Staff Report
Council Meeting: May 24, 2011 Staff Contact: Maurice. Schwanke
Account Code #: N/A Date Prepared: 05/19/11__
Budgeted Amount: N/A Exhibits: Yes No
AGENDA SUBJECT: Consider/Discuss/Action approving “Mudpies Addition” final plat.
The property is located at 1108 N. Powell Pkwy.
SUMMARY: The “Mudpies Addition” is a 0.993 acre parcel of land that has not been platted
in the past. The property is located at 817 S. Interurban. 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 “Mudpies Addition” final plat at their meeting on May 2, 2011. The vote was
unanimous.
RECOMMENDED ACTION: Approval
Item No.13
City Secretary’s use only
City of Anna
City Council Agenda
Staff Report
Council Meeting: May 24, 2011 Staff Contact: Chief Jenks
Account Code #: N/A Date Prepared: 5/20/11___
Budgeted Amount: N/A Exhibits: ☒ Yes No
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 IIIA ballistic shields, Level IIIA ballistic helmets, Level IIIA 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.
Item No. 14
City Secretary’s use only
City of Anna
City Council Agenda
Staff Report
Council Meeting: May 24, 2011 Staff Contact: Philip Sanders
Account Code #:
Budgeted Amount: ________ Exhibits: Yes No
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 increase in revenue to the City’s utility fund. Staff recommends approval of this
Agreement
Item No. 15
City Secretary’s use only
City of Anna
City Council Agenda
Staff Report
Council Meeting: May 24, 2011 Staff Contact: Clark McCoy
Account Code #:
Budgeted Amount: Exhibits: Yes No
AGENDA SUBJECT:
Consider/Discuss/Action regarding resolution of public necessity for the public welfare
and convenience to acquire an easement(s) necessary for the construction and
maintenance of facilities and improvements related to the Texas Community
Development Block Grant Program project for utility lines to service areas on or near
property owned by Marijewel Dickerson in the City of Anna, Texas. (Clark McCoy)
SUMMARY:
Condemnation of certain easements have now become necessary for the next phase of the
above-referenced project to commence. This is the resolution that will authorize such
condemnation and other actions related thereto.
RECOMMENDED ACTION:
Resolution be approved.
Item No. 16
City Secretary’s use only
City of Anna
City Council Agenda
Staff Report
Council Meeting: May 24, 2011 Staff Contact: Clark McCoy
Account Code #:
Budgeted Amount: Exhibits: Yes No
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.
Item No. 17
City Secretary’s use only
City of Anna
City Council Agenda
Staff Report
Council Meeting: May 24, 2011 Staff Contact: Philip Sanders
Account Code #:
Budgeted Amount: Exhibits: Yes No
AGENDA SUBJECT: Consider/Discuss/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.
Item No. 18
City Secretary’s use only
City of Anna
City Council Agenda
Staff Report
Council Meeting: May 24, 2011 Staff Contact: Philip Sanders
Account Code #: 10-403-6799
Budgeted Amount: ___$2,000_________________ Exhibits: Yes No
AGENDA SUBJECT: Consider/Discuss/Action regarding a Resolution authorizing the City
Manager to execute an agreement for the production of a fireworks display.
SUMMARY: Last year the City Council authorized an agreement with the Greater Anna
Chamber of Commerce for the production of a Fourth-of-July fireworks show. The Chamber
informed us earlier this spring that they would not be producing a fireworks show this year. We
have spoken to three different fireworks production companies and each one informed us that
they are booked on July 4th. We have identified a company that can produce a shown on July 3rd
for the City. The attached proposal from Illumination Fireworks LLC includes production of a
fireworks show on the evening of July 3rd for $10,000.
The current fiscal year budget includes $2000 in the City Council budget for the production of a
fireworks display. The CDC and EDC CAO has indicated that each corporation could contribute
$4000 for a total of $10,000.
RECOMMENDATION: If the City Council is agreeable to producing a community fireworks
display on July 3rd, Staff recommends approval of the attached Resolution.