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HomeMy WebLinkAbout2009-08-11 Workshop & Regular Meeting PacketCITY OF ANNA AGENDA NOTICE -CITY COUNCIL WORKSHOP August 11, 2009 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., August 11, 2009, 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 2009-2010 Fiscal Year Budget. (Philip Sanders) 4. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to: a. discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); b. consult with legal counsel 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 ofthe Government Code (Tex. Gov't Code §551.071); c. Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City Council has received from a business prospect that the City Council seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City Council is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code §55L087); d. Personnel: Consider position of City Secretary. (Government Code, Section 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. l. The Council may vote and/or act upon each of1he items listed in this agenda. 2. The Council reserves 1he right to retire into executive session concerning any ofthe items listed. on this agenda, whenever it is considered necessary and legally justified under 1he Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact 1he City Secretary at 972 924· 3325 two working days prior to tile meeting so tbat appropriate arrangements can be made. 08-11-09 CC Regular Agenda.doc 1 Posted 08-07-09 5. 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., August 7,2009. N 1. The Council may vote and/or act upon each oCthe items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any oCthe 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 meetingwho may need assistance should contact the City Secretary at 972 924­ 3325 two worting days prior to the meeting so that appropriate ammgements can be made. 08-11-09 CC Regular Agenda.doc 2 Posted 08-01-09 CITY OF ANNA AGENDA NOTICE -CITY COUNCIL REGULAR MEETING August 11, 2009 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., August 11, 2009, 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 tum 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 mgarding 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 goveming 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. 5. 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. Approve City Council Regular minutes for July 28, 2009. b. Review P & Z Minutes of July 7,2009. 1. The Council may vote and/or act upon each ofthe 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. 08-11-09 CC Regular Agenda.doc 3 Posted 08-07-09 6. Consider/DiscusS/Action regarding a Resolution accepting the contract with W.R. Hodgson Co., L.P. for the construction of the DART WaterUne from South Plant to FM 455 for the City of Anna, Texas project as complete. (James Parkman) 7. Consider/Discuss/Action regarding a re-plat of "The Falls", Phase 1A, Lot 20, Block D. (Maurice Schwanke) 8. Consider/Discuss/Action regarding an ordinance repealing sales tax exemption for telecommunications companies in the City. (Wayne Cummings) 9. Consider/DiscusS/Action regarding a Proposed Tax Rate for 2009-2010 Fiscal Year. (Philip Sanders) 10. Consider/Discuss/Action on any items listed on posted agenda for August 11, 2009 City of Anna Workshop Session or any closed session occurring during this Regular Meeting, as necessary. 11. 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., August 7,2009. 1. The Council may vote and/or act upon each ofthe items 1isted in this agenda. 2. The Council reserves the right to retire into executive session conce.ming any ofthe items 1isted on this agenda, whenever it it considered necessary and legally justified under the Open Meeting Act 3. Persons with a disability who want to athmd this meeting who may need assistance should contact the City Secretary at 972 924­ 3325 two working days prior to the meeting so 1I1at appropriate ammgements can be made. 08-11-09 CC Regular Agenda.doc 4 Posted 08-07-09 ltemNo~ City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: August 11, 2009 Staff Contact: Philip Sanders Account Code #:_---=.N~tA~_____ Budgeted Amount: NtA Exhibits: 0 Yes ONo AGENDA SUBJECT: 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. Approve City Council Regular Minutes for July 28, 2009. b. Review P & Z Minutes ofJuly 7, 2009. SUMMARY: STAFF RECOMMENDAnON: Staff recommends approval ofthe consent items. Item No. " City Secretaly's use only City of Anna City Council Agenda Staff Report Council Meeting: August 11. 2009 Staff Contact: James Parkman Account Code #:._---:!N"-"I;..:..A.:..-_____ Budgeted Amount: NIA Exhibits: 0 Yes DNo AGENDA SUBJECT: ConsiderlDiscussl Action to accept completion of the contract with W.R. Hodgson Co., L.P. for construction of the DART Waterline from South Plant to FM 455. SUMMARY: Approval and acceptance of work completed on the DART Waterline from South Plant to FM 455. STAFF RECOMMENDATION: We recommend that the Council accept resolution of completion. Item No. 7 City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: August 11, 2009 Staff Contact: Maurice Schwanke Prepared by: T. Ross Account Code #:_---::.N=A"-"'-_____ Date Prepared: 8/6/09 Budgeted Amount:___-'N~/~A~___ Exhibits: 0 Yes 0 No AGENDA SUBJECT: ConsiderlDiscusslAction regarding are-plat of "The Falls", Phase lA, Lot 20, Block D. SUMMARY: The re-plat of "The Falls" divides property currently owned by JaRyCo and the HOA of the Falls Subdivision. Additionally, this plat realigns the drainage easement as it traverses the northern edge of this property. A variance is being requested on two parts of the drainage easement. The staff recommends approval of this plat granting the variances. Building setbacks have been established on the plat that will not allow buildings to be closer than where they would be if the variances were not approved. PLANNING AND ZONING ACTION: The Planning and Zoning Commission at their regular meeting. August 4. 2009, recommended approval of the final plat. The vote was unanimous. RECOMMENDED ACTION: Approval ItemNo.L City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: August 11, 2009 Staff Contact: Philip Sanders Account Code #:__________ Budgeted Amount: _________ Exhibits: 0 Yes ONo AGENDA SUBJECT: ConsiderlDiscussiAction regarding repeal of the telecommunication sales tax exemption as provided for in Texas Tax Code §321.210 SUMMARY: Texas law provides that telecommunications services are subject to state sales tax, but exempt from all local sales taxes. Special Purpose Districts, Cities, Transit Authorities, and Counties may vote to impose sales tax on these services. The sales tax is limited to telecommunications services occurring between locations within Texas. Currently there are 462 Cities, 7 Transit Authorities, 32 Counties, and 62 special districts that have voted to repeal the telecommunication tax exemption. Several cities in our area have repealed the exemption including: Allen, Bonham, Heath, Pilot Point, Plano, Pottsboro, Princeton, Royse City, Corinth, Little Elm, Southmayd, Denison, Denton, McKinney, and Melissa. Taxable Telecommunication Services include Basic local Exchange service; exchange service (metro service, extended area service, etc); auxiliary services (call waiting, call forwarding, etc.); long distance services that are both originated from, and billed to, a telephone number or billing or service address within Texas; paging and mobile telephone services; telegraph services that are both originated from, and billed to, a person in Texas; coin-operated telephones; sale, lease, or rental charges for telecommunication equipment including separately stated installation charges; installation of telecommunications services (service connection fees); and private line services, including charges for related equipment. Telecommunication services not taxable are long-distance services that are not both originated from, and billed to, a telephone number or billing or service address within Texas; broadcasts by commercial radio or television stations; telecommunications services purchased for resale; and telegraph services which are not both originated from and billed to a person within Texas. Items not considered Telecommunications services and that are not taxed are the storage of data or other information for subsequent retrieval; sale or use of a telephone prepaid calling card; or internet access services. RECOMMENDATION: The repeal of the telecommunication sales tax exemption will provide a new revenue source for the City. Staff recommends approval of the proposed ordinance. Item No . ..9..­ City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: August 11, 2009 Staff Contact: Philip Sanders Account Code #:__________ Budgeted Amount:. _________ Exhibits: Yes DNo AGENDA SUBJECT: ConsiderlDiscusslAction regarding a Proposed Tax Rate for 2009-2010 Fiscal Year. SUMMARY: The following definitions are provided from "Truth in Taxation" from the Texas Comptrollers Office: Effective tax rate The effective tax rate is a calculated rate that would provide the taxing unit with about the same amount of revenue it received in the year before on properties taxed in both years. If property values rise, the effective tax rate will go down and vice versa. Rollback tax rate The rollback rate is a calculated maximwn rate allowed by law without voter approval. The rollback rate provides the taxing unit with about the same amount of tax revenue it spent the previous year for day-to-day operations, plus an extra 8 percent increase for those operations, in addition to sufficient funds to pay debts in the coming year. If a unit adopts a tax rate higher than the rollback rate, voters in the unit can circulate a petition calling for an election to limit the size of the tax increase. Each year after properties are appraised by the Central Appraisal District the County calculates the effective tax rate and the roll back tax rate for the City of Anna as part of the service to collect taxes for the City. This year the effective tax rate for the City is calculated at $0.594587 per $100 valuation of property. This rate will produce approximately the same amount of revenue as collected last year when the tax rate was $0.575 per $100 valuation. The effective tax rate increased because the properties that had a total taxable value of $384, 174,783 in 2008 have decreased in value this year by 3.8% to $369,504,964.00. If the Council believes that the City can fund next years budget with the effective tax rate and does not intend to propose a tax rate above the effective rate, nothing is required by the City until after it adopts the Budget in September. If the City intends to adopt a tax rate above $0.594587 cents per $100 valuation, the Council must vote to propose a tax increase at Tuesday's meeting. The council must vote on a specific tax rate that is the highest rate that can be adopted after the public hearings. The Council can adopt any rate lower than the rate voted on Tuesday but not higher. The City must publish two Y4 page advertisements in the City's newspaper and a quorum of the Council must hold two public hearings before the tax rate can be adopted which will occur after the budget is adopted. Item No. City Secretary's use only This year the Rollback Tax Rate is $0.628277 per $100 valuation of property. If the Council approves any rate above the Rollback Tax Rate voters in the City may petition for an election to roll back the tax increase above the Rollback Rate. RECOMMENDATION: The budget proposed by Staff would require a tax rate of$0.593581 cents which is just under the effective tax rate.