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HomeMy WebLinkAbout2010-02-09 Workshop & Regular Meeting PacketCITY OF ANNA AGENDA NOTICE -CITY COUNCIL WORKSHOP February 9, 2010 7:00 p.m. -Anna City Hall Administration Building The City Council of the City of Anna will meet in Workshop Session at 7:00 p.m., February 9, 2010, 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. 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) including but not limited to Anna-Weston boundary lines; Powell v. City of Anna, Cause No. 401-03815-2009 in the 401 st District Court of Collin County, Texas; Texas Star Bank v. City of Anna, Cause No. 380-04163-2009 in the 380111 District Court of Collin County, Texas; City of Anna v. Walmat Inc., et al.; Cause No. 296-00288-2009, in the 296th District Court of Collin County, Texas: and SHG Land Investments of Anna Five, Ltd. v. Lennar Homes of Texas Land & Construction Ltd., et al.; Cause No. 366-00970-2008, in 366111 District Court of Collin County, Texas. b. Personnel: Consider the appointment of a Municipal Court Judge. (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. I. The COWlcil may vote and/or act upon each ofthe items listed in this agenda 2. The COWlcii reserves the right to retire into executive session conoeming 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 972924­ 3325 two working days prior to the meeting so that appropriate arrangements can be made. 02-09-10 CC Regular Meeting Agenda.doc Posted 02-05-10 4. Discussion regarding any item on the City Council's February 9, 2010 Regular Meeting Agenda Notice, which was posted at the same date, time and place of this Workshop Agenda Notice. 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., February 5,2010. 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. 02-09-10 CC Regular Meeting Agenda.doc 2 Posted 02-05-10 CITY OF ANNA AGENDA NOTICE -CITY COUNCIL REGULAR MEETING February 9, 2010 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., February 9, 2010, 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. Ifyou 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 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 goveming body that was attended or is scheduled to be attended by a member of the goveming 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 of non-controversial or "housekeeping 11 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 January 26, 2010. 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 Iisted on this agenda, wbenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability wbo want to attend this meeting wbo may need assistance should contact the City Secretary at 972 924­ 3325 two working days prior to the meeting so that appropriate mangements can be made. 02-09--10 CC Regular Meeting Agenda.doc 3 Posted 02..()5..10 b. Approve "Maxwell Development Plaf. (Maurice Schwanke) c. Approve a development plat "Vargas Addition" (Maurice Schwanke) 6. a) Public Hearing To consider public comment regarding an ordinance amending the City's comprehensive plan, zoning map, and zoning ordinance and changing the zoning of certain property, providing for savings, repealing and severability clauses; providing for an effective date; providing for a penalty clause not to exceed 2,000 or the highest penalty amount allowed by law, whichever is less; and providing for publication and caption hereof. The property is generally located on the west side on north Powell Pkwy (Hwy 5) and is generally known as 3300 North Powell Pkwy (Hwy 5). The property is currently zoned Restricted Commercial (C1) zoning on the front 300 feet of the tract, consisting of approximately3.1 acres with the request being "Planned Development" zoning. Maurice Schwanke) b)Consider/Discuss/Act on recommendation regarding an ordinance amending the City's comprehensive plan, zoning map, and zoning ordinance and changing the zoning of certain property, providing for savings, repealing and severability clauses; providing for an effective date, providing for a penalty clause not to exceed $2,000 or the highest penalty amount allowed by law, whichever is less; and providing for publication and caption hereof. The property is generally located on the west side on north Powell Pkwy (Hwy 5) and is generally known as 3300 North Powell Pkwy (Hwy 5). The property is currently zoned Restricted Commercial (C1) zoning on the front 300 feet of the tract, consisting of approximately3.1 acres with the request being "Planned Development" zoning. Maurice Schwanke) 7. Consider/Discuss/Action on adopting a Resolution authorizing the City Manager to execute a contract with Landscapes Unlimited for the construction of Natural Springs Park Phase II. (Philip Sanders) 8. Consider/Discuss/Action regarding an Ordinance amending the City of Anna, Texas 2009-2010 Budget. 0Nayne Cummings) 9. Consider/Discuss/Action on an Ordinance codifying organization, rules, regulations and fees related to City of Anna Municipal Courts. (Clark McCoy) 10. Consider/Discuss/Action on adopting a resolution appointing municipal court judge and approving and authorizing execution of an agreement with court judge. Philip Sanders) 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: 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. 02-09-10 CC Regular Meeting Agenda.doc 4 Posted 02-05-10 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) including but not limited to Anna­ Weston boundary lines; Powell v. City of Anna, Cause No. 401-03815­ 2009 in the 401 st District Court of Collin County, Texas; Texas Star Bank v. City of Anna, Cause No. 380-04163-2009 in the 380th District Court of Collin County, Texas; City of Anna v. Walmat Inc., et al.; Cause No. 296­ 00288-2009, in the 296th District Court of Collin County. Texas: and SHG Land Investments of Anna Five, Ltd. v. Lennar Homes of Texas Land & Construction Ltd., et al.; Cause No. 366-00970-2008, in 366th District Court of Collin County, Texas. b. Personnel: Consider the appointment of a Municipal Court Judge. 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. 12. Consider/Discuss/Action on any items listed on posted agenda for February 9, 2010 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., February 5, 2010. 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. 02-09-10 CC Regular Meeting Agenda.doc 5 Posted 02-05-10 Item No. S:(a-e) City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: February 9, 2010 Staff Contact: Philip Sanders Account Code #:_-----!N;..!.!A::...-_____ Date Prepared: 2/4/10 Budgeted Amount: ___--'N~/!...!..A~___ Exhibits: 0 Yes DNo 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 Ci~Council Regular minutes for January 26, 2010. b. Approve "Maxwell Development Plat". (Maurice Schwanke) c. Approve a development plat "Vargas Addition" (Maurice Schwanke) SUMMARY: STAFF RECOMMENDATION: Staff recommends approval of the consent items. ItemNo.~ city Secretary use only City of Anna Staff Agenda Report Council Meeting: 02/0911 0 Staff Contact: Maurice Schwanke Prepared by: T. Ross Account Code #: NtA Date Prepared: ___-'o=2::.;..;to=2"-'11~0'___--~~~---------- Budgeted Amount:'-,,!$~N=/..!..'A~_____ Exhibits: • Yes 0 No AGENDA SUBJECT: ConsiderlDiscussiAction regarding "Maxwell Development Plat". SUMMARY: This development plat is located within the extraterritorial jurisdiction of the City. The tract is located on CR 509 and generally known as 12020 CR 509. Several proposed improvements are shown on this plat and includes a house and storage building. The proposed improvements are set back adequately from a future thoroughfare adjacent to the western property line. The plat meets the City of Anna development plat requirements. PLANNING AND ZONING ACTION: The Planning and Zoning Commission recommend approval of the development plat at their meeting February 1,2010. The vote was unanimous. RECOMMENDED ACTION: The "Maxwell Development Plat" is being recommended for approval. ItemNo.~ City Secretary use only City of Anna Staff Agenda Report Council Meeting: 02/09/10 Staff Contact: Maurice Schwanke Prepared by: T. Ross Account Code #:_-----'N"-'"-,-!/A~______ Date Prepared:___0=2=-.IO=2=-.1"",--,1O~_ Budgeted Amount:...!i$~N:....:;/~A~_____ Exhibits: .Yes 0 No AGENDA SUBJECT: ConsiderlDiscusslAct on recommendation regarding development plat Vargas Addition". SUMMARY: 1bis development plat is located within the extraterritorial jurisdiction of the City. The proposed improvement to this tract includes an accessory building and a new house. The property is located at 9300 Twin Creeks Circle. The Twin Creeks circle area is not part of a plat that has been reviewed by either Collin County or the City. The drawing commonly as~iated with the area is a drawing compiled by the Central Appraisal District of Collin County. The tracts that makeup this area were individually filed with the county and were recorded on a metes and bounds description basis. The development plat meets the City of Anna development plat requirements. PLANNING AND ZONING ACTION: The Planning and Zoning Commission recommend approval of the development plat at their meeting February 1,2010. The vote was unanimous. RECOMMENDED ACTION: The "Vargas Addition" development plat" is being recommended for approval. ITEM No. 10.-.­ City Secretary's use only City of Anna Staff Agenda Report Council Meeting: 02/09/10 Staff Contact: Maurice Schwanke Prepared by: T. Ross Account Code #:__N....,""""/A'-"--______ Date Prepared: __......;0=2:::..;/0=2:::..;/",-!IO,,--_ Budgeted Amount:..!!$:...--=N~/=A~_____ Exhibits: • Yes 0 No AGENDA SUBJECT: a) Public Hearing: To consider public comment regarding an ordinance amending the City's comprehensive plan, zoning map, and zoning ordinance and changing the zoning of certain property, providing for savings, repealing and severability clauses; providing for an effective date; providing for a penalty clause not to exceed $2,000 or the highest penalty amount allowed by law, whichever is less; and providing for publication and caption hereof. The property is generally located on the west side on north Powell Pkwy (Hwy 5) and is generally known as 3300 North Powell Pkwy Hwy 5). The property is currently zoned Restricted Commercial (CI) zoning on the front 300 feet of the tract, consisting of approximately 3.1 acres with the request being "Planned Development" zoning. b )ConsiderlDiscussi Act on recommendation regarding an ordinance amending the City's comprehensive plan, zoning map, and zoning ordinance and changing the zoning of certain property, providing for savings, repealing and severability clauses; providing for an effective date, providing for a penalty clause not to exceed $2,000 or the highest penalty amount allowed by law, whichever is less; and providing for publication and caption hereof. The property is generally located on the west side on north Powell Pkwy (Hwy 5) and is generally known as 3300 North Powell Pkwy (Hwy 5). The property is currently zoned Restricted Commercial (CI) zoning on the front 300 feet of the tract, consisting of approximately 3.1 acres with the request being "Planned Development" zoning. SUMMARY: This request contains the site for the proposed public works building. The Planned Development zoning will allow for all "C-I" uses plus City workshops, offices, service/storage yards and/or storage facilities on the tract. The tract exists between "light Industrial" zoned property to the west and a proposed 6 lane divided thoroughfare to the east. Additionally, the "light industrial" zoned property contains two water wells and an elevated water storage facility. Notices were sent to property owners within two hundred (200) feet of the boundaries of the tract. No opposition notices were received regarding the zoning change. Since this property was ftrst purchased and was outside the city limits it was envisioned that a public works facility would be located on this site. This facility will replace the old over utilized ITEM No. City Secretary's use only inadequate quonset hut building that exists north ofthe fire station and east of Powell Parkway in the area being referred to as the "Downtown Redevelopment District". PLANNING AND WNING ACTION: The Planning and Zoning Commission recommend approval of the Planned Development Zoning at their meeting February 1,2010. The vote was unanimous. RECOMMENDED ACTION: Approval of Ordinance Item No. 2­ City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: February 9, 2010 Staff Contact: Philip Sanders Account Code #:_---l(.,.!::C~IP~B:.:ud:lg::>:e::::.t)L______ Budgeted Amount:_=$2::;..4:..,::.7=,5:...:::0-"-0____ Exhibits: DYes DNo AGENDA SUBJECT: ConsiderlDiscusslAction regarding a Resolution authorizing the City Manager to execute a Contract for Construction of Natural Springs Park Phase II SUMMARY: Last Fall the City of Anna was awarded a $282,500 grant from Collin County to pay for the construction of additional trails and an 80 foot steel bridge in Natural Springs Park. The City Staff has solicited a proposal from Landscapes Unlimited LLC., through The Interlocal Purchasing System (TIPSrrAPS) purchasing cooperative for the construction work covered by the grant. The contract proposal submitted by Landscapes Unlimited is for $247,500. TIPSrrAPS Awarded Vendors have submitted proposals under the Competitively Bid Process and received a Contract of Award through TIPSrrAPS. These Awarded Vendors have agreed to provide the best pricing, terms and conditions available to TIPSrrAPS Members. STAFF RECOMMENDATION: The City Council has previously awarded contracts to Landscapes Unlimited for the construction of Slayter Creek Park Phase I and Natural Springs Park Phase I. Landscapes Unlimited is now very familiar with our project expectations and we have been satisfied with their previous work. Staff recommends approval of the attached Resolution and contract. Item No. 9 City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: February 9, 2009 Staff Contact: Wayne Cummings Account Code #:__N:;...;.:..:IA""-______ Date Prepared: 2/4/10 Budgeted Amount: NIA Exhibits: 0 Yes 0 No AGENDA SUBJECT: Budget Amendment SUMMARY: This budget amendment including changes in the Police Department budget, changes in the Capitol Projects Funds and in the Water Fund. The changes in the Police Department include an additional $10,000.00 for overtime and to pay salaries for two employees for $71,724.65 for a total of $81,724.65 funds transferred from the Police JAG Grant. In the Capitol Projects Fund four departments have changes. In Department 625 there is an increase in revenues of $341 ,200.00 for projects completed last year since we did not receive the revenues until this budget year and $54,800.00 of additional revenue from the County Park Grant to complete work on Natural Springs Park. Department 629 is a grant from NCTCOG for a Hazardous Waste clean up for a total of$16,374.00 fully funded by the COG. Department 630 is for the Police Department JAG Grant for a total of 419,203.09 including the salary charges in the Police Department and to pay for equipment and work including a server, laptops for police cars, other equipment, and connecting the building to the other buildings. This grant is fully funded by the Justice Department. Department 631 is the latest $282,500.00 grant funded by the county for additional trails in Natural Springs Park. The Water and Sewer Fund amendments include a CDBG Grant for $350,000.00 in grant revenues and expenses for easements, engineering, surveying and inspection, The balance of the cost is being directly capitalized using construction in progress for a total project cost of $437,716.00. The City Match of$87,716.00 will be paid out of reserves in the water fund. Two other changes include an increase in Water Other Service-Misc of 9,240.00 to pay for Paying Agent Fees for water debt that is offset by a decrease in the NTMWD Contract cost. The fmal change is in Utility Billing Contract Service account by a $12,000.00 increase. $11,000.00 ofthe increase is caused by increased use of the Credit card system causing our fees to go up and the balance for additional expenses caused by the delay in moving to the other building. RECOMMENDED ACTION: Approve the Budget Amendments. Item NO.-.!L.­ city Secretary use only City of Anna Staff Agenda Report Council Meeting: 02/09/2010 Staff Contact: Clark McCoy Prepared by: Clark McCoy Account Code #:_---::N;.::.!/:.:...A'"'--_____ Date Prepared: __-'2=/..:.:4/-=2..>:..0l=0"---_ Budgeted Amount:...::t$~N...!!.I.:...:A~_____ DNo AGENDA SUBJECT: ConsiderlDiscussl Action on an Ordinance codifying organization. rules, regulations and fees related to City of Anna Municipal Courts. SUMMARY: This ordinance repeals Ordinance No. 197-2005, Ordinance No. 198-2005, and Ordinance No. 199-2005 related to municipal court creation and fees; the ordinance further codifies into Part II, Article 41 ofthe Anna City Code of Ordinances certain provisions of said repealed ordinances, certain court fees, establishing two courts and new court rules and regulations; establishing the City of Anna Municipal Courts No. 1 and No.2; establishing the position ofmunicipal court judges, and the powers and duties of municipal court judges and related matters. RECOMMENDED ACTION: Adopt proposed ordinance. Item No. .l.12­ City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: February 9,2010 Staff Contact: Philip Sanders Account Code #:_________ Budgeted Amount: ____­____ Exhibits: D Yes DNo AGENDA SUBJECT: ConsiderlDiscussl Action regarding a Resolution approving and authorizing the City Manager to execute a professional services agreement for municipal judge services SUMMARY: Staff is recommending that the City Council retain the services of Paul J. Liston as the municipal court judge for Municipal Court No.2. Our recommendation is based on the review of submissions received from various candidates. Mr. Liston is highly qualified and capable for providing the service required by the City. The attached Resolution would authorize the engagement of attorney Paul 1. Liston to provide the services specifically described in and under the terms of the Professional Services Agreement for Municipal Judge Services ("Agreement") that is attached as Exhibit 1. STAFF RECOMMENDATION: Staff recommends approval of the attached Resolution and professional services agreement.