HomeMy WebLinkAboutCCagd2012-01-10
CITY OF ANNA AGENDA NOTICE – CITY COUNCIL WORKSHOP
January 10, 2012 6:30 p.m. – Anna City Hall Administration Building
The City Council of the City of Anna will meet in Workshop Session at 6:30 p.m.,
January 10, 2012, at the Anna City Hall Administration Building, located at 111 North
Powell Parkway (Hwy 5), regarding the following items.
1. Call to Order
2. Roll Call and Establishment of Quorum.
3. Discussion regarding paving county roads with mutual or shared
boundaries. (Philip Sanders)
4. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov’t Code Chapter
551, the City Council may enter into closed session to discuss any items
listed or referenced on this agenda under the following exceptions:
a. Consult with legal counsel regarding pending or contemplated litigation
and/or on matters in which the duty of the attorney to the governmental
body under the Texas Disciplinary Rules of Professional Conduct of the
State Bar of Texas clearly conflicts with Chapter 551 of the Government
Code (Tex. Gov’t Code §551.071); William Austin Gant and Paul Eugene
Gant v. City of Anna, Cause No. 380-02370-2011 in the 380th District
Court of Collin County, Texas.
The council further reserves the right to enter into executive session at any
time throughout any duly noticed meeting under any applicable exception
to the Open Meetings Act.
5. Discussion regarding any item on the City Council’s January 10, 2012
Regular Meeting Agenda Notice, which was posted at the same date, time
and place of this Workshop Agenda Notice.
6. Adjourn.
1. The Council may vote and/or act upon each of the items listed in this agenda.
2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is
considered necessary and legally justified under the Open Meeting Act.
3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924-
3325 two working days prior to the meeting so that appropriate arrangements can be made.
01-10-12 CC Regular Meeting Agenda.doc 1 Posted 01-06-12
1. The Council may vote and/or act upon each of the items listed in this agenda.
2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is
considered necessary and legally justified under the Open Meeting Act.
3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924-
3325 two working days prior to the meeting so that appropriate arrangements can be made.
01-10-12 CC Regular Meeting Agenda.doc 2 Posted 01-06-12
This is to certify that I, Natha Wilkison, City Secretary, posted this agenda
at a place readily accessible to the public at the Anna City Hall and on the
City Hall bulletin board at or before 5:00 p.m., January 6, 2012.
_Natha Wilkison
Natha Wilkison, City Secretary
CITY OF ANNA AGENDA NOTICE – CITY COUNCIL REGULAR MEETING
January 10, 2012 7:30 p.m. – Anna City Hall Administration Building
The City Council of the City of Anna will meet in Regular Session at 7:30 p.m., January
10, 2012, at the Anna City Hall Administration Building, located at 111 North Powell
Parkway (Hwy 5), to consider the following items.
Welcome to the City Council Meeting. Please sign the Sign-In-Sheet as a record of
attendance. If you wish to speak on an open-session agenda item please fill out the
Opinion/Speaker Registration Form and turn it in to the City Secretary before the
meeting starts.
1. Call to Order.
2. Invocation and Pledge of Allegiance.
3. Citizen comments. Citizens are allowed 3 minutes to speak. The 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.
01-10-12 CC Regular Meeting Agenda.doc 3 Posted 01-06-12
1. The Council may vote and/or act upon each of the items listed in this agenda.
2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is
considered necessary and legally justified under the Open Meeting Act.
3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924-
3325 two working days prior to the meeting so that appropriate arrangements can be made.
01-10-12 CC Regular Meeting Agenda.doc 4 Posted 01-06-12
5. Consent Items. These items consist of non-controversial or
“housekeeping” items required by law. Items may be considered
individually by any Council member making such request prior to a
motion and vote on the Consent Items.
a. Approve City Council Minutes for December 13, 2011 Regular
Meeting.
b. Approve a contract amendment for emergency medical services.
(Philip Sanders)
c. Approve a re-plat of the “Affi Addition”. (Maurice Schwanke)
d. Review Planning and Zoning Regular Meeting Minutes for
November 7, 2011.
6. Discussion/Briefing regarding December 24 water line break. (James
Parkman)
7. Project Update/Briefing:
Utility Billing/Court Credit Card Payments
Active Shooter Grant Program
Personnel Policy Manual Update
2012 Citizens Academy
Old Post Office Remodel Project
Fire Station Remodel Project
Fire Department ALS Program
Development Code Update
Standard Design Manual Update
Builder Sign Kiosks
Slayter 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
Interurban Street Storm Sewer Project
2012 CDBG Waterline Project
Hackberry Lane Waterline Project
Highway 5 Ground Storage Tank Rehabilitation Project
Water System CIP Study
1. The Council may vote and/or act upon each of the items listed in this agenda.
2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is
considered necessary and legally justified under the Open Meeting Act.
3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924-
3325 two working days prior to the meeting so that appropriate arrangements can be made.
01-10-12 CC Regular Meeting Agenda.doc 5 Posted 01-06-12
Wastewater Treatment Permit Renewal
Waste Water Treatment Option Study
8. Discussion/Briefing regarding DART utility lease agreements. (Philip
Sanders)
9. Consider/Discuss/Action adopting an Ordinance regarding Municipal
Court Fees. (Clark McCoy)
10. Consider/Discuss/Action regarding adopting a resolution approving the
interior design layout and exterior design and the not to exceed amount
from Level 5 Design for property located at 312 North Powell Parkway
and authorizing the EDC Chief Administrative Officer to execute an
agreement for same. (Jessica Perkins)
11. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov’t Code Chapter
551, the City Council may enter into closed session to discuss any items listed
or referenced on this agenda under the following exceptions:
a. Consult with legal counsel regarding pending or contemplated litigation
and/or on matters in which the duty of the attorney to the governmental
body under the Texas Disciplinary Rules of Professional Conduct of the
State Bar of Texas clearly conflicts with Chapter 551 of the Government
Code (Tex. Gov’t Code §551.071); William Austin Gant and Paul Eugene
Gant v. City of Anna, Cause No. 380-02370-2011 in the 380th District
Court of Collin County, Texas.
The council further reserves the right to enter into executive session at any
time throughout any duly noticed meeting under any applicable exception
to the Open Meetings Act.
12. Consider/Discuss/Action on any items listed on posted agenda for January
10, 2012 City of Anna Workshop Session or any closed session occurring
during this Regular Meeting, as necessary.
13. Adjourn.
This is to certify that I, Natha Wilkison, City Secretary, posted this
agenda at a place readily accessible to the public at the Anna City Hall and
on the City Hall bulletin board at or before 5:00 p.m., January 6, 2012.
Natha Wilkison____
Natha Wilkison, City Secretary
Item No. 3 (WS)
City Secretary’s use only
City of Anna
City Council Agenda
Staff Report
Council Meeting: January 10, 2012 Staff Contact: Philip Sanders
Account Code #:
Budgeted Amount: ________ Exhibits: Yes No
AGENDA SUBJECT: Discussion regarding paving county roads with mutual or shared
boundaries with the City.
SUMMARY: Last month I met with County Commissioner Joe Jaynes and County Public
Works Director Jon Kleinheksel to discuss City participation in paving certain sections of
County roads where the City and the County have joint jurisdiction. This issue has been
discussed on several prior occasions with the County where the County has asked the City to
spend money to pave roads at the edge of the City’s jurisdiction. When we have been able to
identify a financially feasible solution, the City has stepped forward and participated in the
project. For example, a couple of years ago, the EDC contributed $10,000 to pave CR 376.
Earlier this year, the City agreed to give land valued at $38,500 to the County for the Collin
County outer loop to cover the City’s total cost share to pave portions of CR 372 and CR 290.
In some cases the City has not been able to participate in the County’s cost share proposals. For
example, last year we were asked to spend $37,000 to pave CR 474. CR 474 forms a common
ETJ boundary with the City of Melissa. The property on the Anna side of CR 474 is
undeveloped and no Anna residents live on CR 474.
During their November 21 meeting, the Commissioner’s Court discussed the issues surrounding
paving County roads with a common city boundary. After a lengthy discussion, the
Commissioners voted to implement a policy whereby the County will pave all the County Roads
that have a common boundary with a city. The respective cities will then be expected to
reimburse the County for the city share of the cost.
It is still unclear how the County intends to collect from the cities. Some of the ideas suggested
by the Commissioners include increasing dispatch, jail, and animal control fees for cities that
haven’t reimbursed the County. It was also suggested that cities that have not paid the County
for paving these roads should not be eligible to receive County bond money for parks and open
space or street improvements.
The result of the County’s new policy became clear during the County Commissioner’s
December 12 meeting. The City has been awarded two grants from the County’s Parks and
Open Space grant program to construct additions to Slayter Creek Trail. Earlier this fall the
Commissioner’s approved the grant awards and sent the City an Interlocal Agreement to
authorize the funding. The Agreements (approved by the City in October) were on the
December 12 Commissioner’s agenda for approval. The Commissioner’s ultimately decided not
Item No. 3 (WS)
City Secretary’s use only
to approve the parks grant agreements until the City and the County have an agreement regarding
the paving of County Roads that have a common boundary with the City.
During our meeting last month, the County Public Works director provided me with an estimate
of $295,962 as the total cost for paving the road sections that have a common or shared boundary
with the City. Some of these roads have a section that shares a common boundary with the City
which is adjacent to a section that is entirely within the City limits, which in turn is adjacent to a
section that is entirely within the County. The County Public Works Director made it clear that
it is the County’s preference to pave the entire roadway including those sections that are entirely
within the City limits, rather than have a road the is paved then gravel, then paved. If this
approach is taken, the City’s cost share would be $1,545,557.
Under either scenario, I would not recommend using the City’s very limited financial assets to
pave roadways that are rarely traveled by City residents at the expense of funding road
construction and paving projects in the original town of Anna that are in much greater need of
repair. A possible solution could involve allowing the County to redirect funds from the 2007
County Bond program to cover the costs of these road projects which are clearly a priority for
the County Commissioners
The 2007 Collin County Bond Program identified $8.2 million in roadway construction
projects in the City of Anna and authorized the County to issue bonds in order to fund one-half
($4.1 million) of the cost of said projects. The projects mentioned in the bond program are:
Mantua Rd/CR 371 (Hwy. 5 to U.S. 75 – reconstruction) $6.6 million
Rosamond Pkwy. (Hwy 5 to U.S. 75 – Engineering/right-of-way) $519,750
FM 455 (U.S. 75 to East Fork Creek – Engineering/right-of-way) $520,000
Ferguson Pkwy. (FM 455 to Foster Crossing Rd. – Engineering/right-of-way) $594,000
Earlier this year, the City and the County agreed to reduce the County bond funds available for
the Mantua Road project by $800,000 ($3.3 million down to $2.5 million) in order to help fund
the utility relocation necessary for the FM 455 expansion project. If the County is willing, the
City might agree to allow the County to further redirect County bond funds available for
Mantua Road to pay for the paving of the County roads that share a common boundary with the
City. This would reduce the amount of County bond money available for Mantua road down to
$2.2 million or (if the desire is to pave the entire County roadways including those sections that
are entirely within the City limits) down to $1 million. I asked Commissioner Jaynes if he
thought that this would be a viable solution and he said that he thought it would be agreeable.
County Public Works Director Jon Kleinheksel will be at our workshop to discuss this issue with
the City Council. Maurice will prepare a map that will show all the road sections that the County
would like us to pay for. The Commissioner’s are schedule to reconsider the Park Grant ILA’s
during their January 23 meeting.
Item No.5 (a-d)
City Secretary’s use only
City of Anna
City Council Agenda
Staff Report
Council Meeting: January 10, 2012 Staff Contact: Philip Sanders
Account Code #: N/A Date Prepared: 1-6-12___
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. Approve City Council Minutes for December 13, 2011 Regular
Meeting.
b. Approve a contract amendment for emergency medical services.
(Philip Sanders)
c. Approve a re-plat of the “Affi Addition”. (Maurice Schwanke)
d. Review Planning and Zoning Regular Meeting Minutes for
November 7, 2011.
SUMMARY:
RECOMMENDATION: Staff recommends approval of the consent items.
Item No. 5 (b)
City Secretary’s use only
City of Anna
City Council Agenda
Staff Report
Council Meeting: January 10, 2012 Staff Contact: Philip Sanders
Account Code #:
Budgeted Amount: ________ Exhibits: Yes No
AGENDA SUBJECT: Approve a contract amendment for emergency medical services. (Philip
Sanders)
SUMMARY: Last fall I advised the Council that we received our FY 2012 assessment from
Collin County for ambulance service. The assessment is about $12K more than last year. While
we were expecting a roughly 3% increase, the formula the County uses to calculate the
individual city assessments assigned a slightly larger percentage of the total population served by
the contract to Anna. This resulted in a larger increase than expected. The contract is billed on a
quarterly basis. Depending on other expenses that occur throughout the year, it is possible that
we will need to increase the Ambulance Service budget during the last quarter of the fiscal year.
This can be done either through budget amendment or contingency allocation.
RECOMMENDATION: A copy of the 2012 County EMS contract amendment is attached.
Staff recommends that the Council approve the contract amendment.
Item No.5 (c)
City Secretary’s use only
City of Anna
City Council Agenda
Staff Report
Council Meeting: January 10, 2012 Staff Contact: Maurice Schwanke
Account Code #: N/A Date Prepared: 01/05/12___
Budgeted Amount: N/A Exhibits: Yes No
AGENDA SUBJECT: Approve a re-plat of the “Affi Addition”.
SUMMARY: The Affi Addition is a re-plat to move the existing lot line between lot 1-R
and lot 2 to the west approximately 38.2 feet to accommodate the pending sale of the
eastern portion of the tract. The new lot line will correspond to the existing pavement
that is on the tract.
PLANNING AND ZONING ACTION: The Planning and Zoning Commission
recommended approval of the re-plat at their meeting on January 3, 2012. The vote was
unanimous.
RECOMMENDED ACTION: Approval of the re-plat.
Item No.5 (c)
City Secretary’s use only
Item No.5 (c)
City Secretary’s use only
Item No.5 (c)
City Secretary’s use only
Item No. 6
City Secretary’s use only
City of Anna
City Council Agenda
Staff Report
Council Meeting: January 10, 2012 Staff Contact: James Parkman
Account Code #:
Budgeted Amount: ________ Exhibits: Yes No
AGENDA SUBJECT: Discussion/Briefing regarding December 24 water line break.
SUMMARY: Staff will brief the Council regarding the cause and response to the December 24
waterline break that resulted in wide spread low water pressure.
Item No. 7
City Secretary’s use only
City of Anna
City Council Agenda
Staff Report
Council Meeting: January 10, 2012 Staff Contact: Philip Sanders
Account Code #:
Budgeted Amount: ________ Exhibits: Yes No
AGENDA SUBJECT: Project Update/Briefing
SUMMARY: Staff will brief the Council regarding the status of a number of projects that we
will be working on in 2012.
Item No. 8
City Secretary’s use only
City of Anna
City Council Agenda
Staff Report
Council Meeting: January 10, 2012 Staff Contact: Philip Sanders
Account Code #:
Budgeted Amount: ________ Exhibits: Yes No
AGENDA SUBJECT: Discussion/Briefing regarding DART utility lease agreements.
SUMMARY: The City currently has two lease agreements with the Dallas Area Rapid Transit
(DART) that authorizes water and sewer lines to cross under the DART rail road right-of-way.
The annual lease payment is currently $600 per year for each, but will increase each year by the
same percentage as the annual Consumer Price Index (CPI). DART will allow the City to prepay
the lease payment and thereby receive a discount. The following example provided by DART
uses a CPI escalation fee of 3%, and shows what the city might expect to save on each lease by
prepaying.
Years Fee Savings
10 $5,511 $489
15 $7,894 $3,266
20 $10,058 $6,065
25 $12,024 $9,853
Although we do not currently have money in the budget to prepay the two leases, we would
recommend negotiating a prepayment to take advantage of the potential savings.
Item No. 9
City Secretary’s use only
Formatted: Underline
Council Meeting: January 10, 2012 Staff Contact: Clark McCoy
Account Code #:
Budgeted Amount: Exhibits: Yes No
AGENDA SUBJECT:
Consider/Discuss/Action adopting an Ordinance regarding Municipal Court Fees.
SUMMARY:
The City’s regulations regarding municipal court costs and fees are in Part II, Article 41
of the Anna City Code of Ordinances (the “Code”). This ordinance would add three new
sections to Article 41 for the purpose of expressly setting forth in the Code certain
optional court costs and fees that the City is authorized by state law to charge to
defendants. In the 2011 Legislative Session, the Legislature adopted amendments to
Section 102.017 of the Texas Code of Criminal Procedure related to court fees that can be
charged to defendants to help fund municipal court security expenses. The amendments
to the state law went into effect January 1, 2012, but there were inadvertent errors in the
legislation.
The Legislature adopted both a House bill (HB 2847) and a Senate bill (SB 1521), both
amending Section 102.017, in an overlapping manner. The provision of Section 102.017
at issue is subsection (d-1), which relates to the types of expenses that may be paid from a
municipality’s “courthouse security fund.” House Bill 2847 added “video
teleconferencing systems” as an eligible security-related expense, while Senate Bill 1521
did not do so. The inclusion of the videoconferencing systems in House Bill 2847 was
drafted in a way that renumbered a portion of the list of eligible security expenses under
subsection (d-1) resulting in a total of 12 items, with the 12th item being “continuing
education on security issues for court personnel and security personnel,” an eligible
expense that predated the 2011 amendments. Meanwhile, Senate Bill 1521 added a new
category of eligible expenses at the end of the list of eligible expenses for “warrant
officers and related equipment.” However, Senate Bill 1521 placed this new eligible
expense in the same number 12 slot in Section (d-1) as the continuing education expense.
As a result, the Section 102.017(d-1) now has a list that has two different “number
twelves.”
We were aware of this error before the law went into effect, and had been monitoring the
situation to see if House Bill 2847 and Senate Bill 1521 would be reconciled before going
City of Anna
City Council Agenda
Staff Report
Item No. 9
City Secretary’s use only
Formatted: Underline
to effect. Apparently, this has not occurred. Thus, we have had to analyze whether the
bills are in conflict, or whether (using accepted principles of statutory construction) the
bills can be harmonized. My analysis has led me to conclude that it is likely that the list
under subsection (d-1) should essentially be interpreted to include a total of 13 items
including the videoconferencing system, the continuing education expenses, and the
warrant officer expenses. Thus, the proposed ordinance lists all 13 items of expense as
being eligible for payment from the courthouse security fund as follows:
(1) the purchase or repair of X-ray machines and conveying systems;
(2) handheld metal detectors;
(3) walkthrough metal detectors;
(4) identification cards and systems;
(5) electronic locking and surveillance equipment;
(6) video teleconferencing systems;
(7) bailiffs, deputy sheriffs, deputy constables, or contract security personnel
during times when they are providing appropriate security services;
(8) signage;
(9) confiscated weapon inventory and tracking systems;
(10) locks, chains, alarms, or similar security devices;
(11) the purchase or repair of bulletproof glass;
(12) continuing education on security issues for court personnel and security
personnel; and
(13) warrant officers and related equipment.
The provisions related to courtroom security are included in the ordinance as a new
section 13 of Article 21 in the Code.
The ordinance also adds new sections 14 and 15 to Article 41. Section 14 sets forth the
fees that are charged to a convicted defendant to help fund the cost for services of peace
officers, such as executing and processing arrest warrants, and issuing summons to
appear in court. Section 15 are additional fees that attach to certain traffic offenses,
including but not limited to school zone infractions. These fees must be kept in a separate
account and may only be used to fund school crossing programs, or, in the event that the
City does not have such a program, the funds can be used for programs that benefit
safety, health or nutrition of children.
Item No. 9
City Secretary’s use only
Formatted: Underline
RECOMMENDED ACTION:
The proposed additions to the Code should provide improved instruction to both court
staff and those who become defendants as to what type of costs and fees (over and above
the normal penalties) will be due upon conviction. Further, the ordinance provides
direction as to the type of costs that can be funded by the various fees. The city attorney
recommends approval of the proposed ordinance.
Item No. 10
City Secretary’s use only
City of Anna
City Council Agenda
Staff Report
Council Meeting: January 10, 2012 Staff Contact: Jessica Perkins
Account Code #: n/a
Budgeted Amount: n/a Exhibits: Yes No
AGENDA SUBJECT: Consider/Discuss/Action regarding adopting a resolution
approving the interior design layout and exterior design and the not to exceed amount
from Level 5 Design for property located at 312 North Powell Parkway and authorizing
the EDC Chief Administrative Officer to execute an agreement for same. (Jessica
Perkins)
SUMMARY: EDC staff is moving forward with the renovations needed to make the Old
Post Office usable to rent. Level 5 Design has submitted the attached proposed interior
design layout, exterior design, and not to exceed amount for renovation of property at 312
North Powell Parkway. The EDC board has reviewed and approved the design and not to
exceed amount for the renovation.
STAFF RECOMMENDATION: Staff recommends you adopt a resolution.