Loading...
HomeMy WebLinkAbout2009-10-27 Workshop & Regular Meeting PacketCITY OF ANNA AGENDA NOTICE -CITY COUNCIL WORKSHOP October 27, 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., October 27,2009, 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. 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 of the Government Code (Tex. Gov't Code §551.071); Bently Powell v. City ofAnna, Texas; Cause No. 401-03815-2009, in 401 st District Court of Collin County, Texas. Texas Star Bank v. City of Anna, Texas. District Court of Collin County Texas c. Discuss or deliberate Economic Development Negotiations: (1)T0 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 1. TheCooncil 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. 10-27-09 CC Regular Meeting Agenda.doc Posted 10-23-09 (2)To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code §551.087); The council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. 4. Discussion regarding any item on the City Council's October 27, 2009 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., October 23.2009. 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 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. 10-27-09 CC Regular Meeting Agenda.doc 2 Posted 10-23-09 Y{OUB.}~== CITY OF ANNA AGENDA NOTICE -CITY COUNCIL REGULAR MEETING October 27,2009 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., October 27,2009, 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 OpinionlSpeaker 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. Mayor Darren R. Driskell to read a Proclamation for Municipal Court Week. 4. 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. 5. 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. 1. The COImcil may vote and/or act upon each ofthe items listed in this agenda. 2. The Cotmcil reserves the right to retire into executive session concerning any ofthe items listed on this agenda, whenever it is cmsidered necessary and legally justified tmder 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 worldng days prior to the meeting so that appropriate arrangements can be made. 10-27-09 CC Regular Meeting Agenda.doc 3 Posted 10-23-09 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. Approve City Council Regular minutes for October 13, 2009. b. Approve a Resolution accepting the contract with w. R. Hodgson Co., LP. for the construction of the West Crossing Blvd Waterline Extension to Rosamond Pkwy Project as complete. (James Parkman) 7. (a) Public Hearing To consider public comment on a request by Glenda Pinkston, representative for SUMPROP LTD., to change the zoning on tract of land in the Henry Brantley Survey, Abstract 0071, from Single Family Residential (SF-1) to Restricted Commercial (C1) zoning. Property is located at 709 N. Powell Pkwy. (Maurice Schwanke) (b) Consider/DiscusslAction regarding an Ordinance to change zoning from Single Family Residential to Restricted Commercial located at 709 N. Powell Pkwy. (Maurice Schwanke) 8. ConsiderIDiscusslAction regarding approving a site planltandscape for "SUM PROP LTD". (Maurice Schwanke) 9. Consider/Discuss/Action regarding approving a final plat submitted by SUMPROP LTD for the "Pinkston Addition". (Maurice Schwanke) 10. Consider/Discuss/Action regarding an Ordinance for Public Rest Room Standards. (Maurice Schwanke) 11. Consider/Discuss/Action regarding a Resolution accepting an Energy Efficiency and Conservation Block Grant through the State Energy Conservation Office. (Philip Sanders) 12. Consider/DiscuSS/Action regarding a Resolution of the City Council of the City of Anna, Texas nominating a representative for the Board of Directors for the TML IEBP election. (Philip Sanders) 13. ConsiderlDiscuss/Action regarding an appointment to fill a vacancy on the Planning and Zoning Commission. (City Council) 14. ConsiderlDiscusslAction regarding an appointment to fill a vacancy on the Anna Community Development Corporation. (City Council) 15. ConsiderlDiscusslAction regarding an appointment to fill a vacancy on the Anna Economic Development Corporation. (City Council) I. The COWlcil may vote and/or act upon each ofthe items listed in this agenda. 2. The COWlcil reserves the right to retire into executive session concerning any ofthe items listed on this agenda, whenever it is considered necessary and legally justified Wlder 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. 1()"27-09 CC Regular Meeting Agenda.doc 4 Posted 10-23-09 16. Consider/Discuss/Action regarding a Resolution authorizing payment of Rotary Club membership dues for the Mayor. (City Council) 17. Consider/Discuss/Action on any items listed on posted agenda for October 27, 2009 City of Anna Workshop Session or any closed session occurring during this Regular Meeting, as necessary. 18. 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., October 23, 2009. 1. 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 of1he items listed on this agenda, whenever it is considered necessary and legally justified under 1he Open Meeting Act. 3. Persons wi1h 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 1he meeting so 1hat appropriate arrangements can be made. 10-27-09 CC Regular Meeting Agenda.doc 5 Posted 10-23-09 Item No.3 City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: October 27, 2009 Staff Contact: Philip Sanders Account Code #:_---'N""".....A:...-_____ Date Prepared: 10/22/09 Budgeted Amount:___.....;N~/=A~___ Exhibits: 0 Yes DNo AGENDA SUBJECT: Mayor Darren R Driskell to read a Proclamation for Municipal Court Week. SUMMARY: Municipal Court Week is November 2-6,2009. The proclamation recognizes and shows appreciation to Municipal Judges, marshals, bailiffs, and court support personneL Norfe Garcia; Anna's Municipal Court Clerk will be in class and unable to attend. I would like to see Judge David Indorf and Court Clerk Norfe Garcia recognized for their service. Norfe has acquired her Court Clerk II certification through the Texas Municipal Courts Association. RECOMMENDED ACTION: Mayor Driskell to read the proclamation and present to Court Clerk Norfe Garcia. Item No. 6 City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: October 27, 2009 Staff Contact: Philip Sanders Account Code #:_---"N'-'!-'-'A"--_____ Date Prepared: 10/22/09 Budgeted Amount:___-'N~/~A~___ Exhibits: 0 Yes ONo AGENDA SUBJECT: Consent Items. These items consist o/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 Regular minutes for October 13. 2009. b. Approve a Resolution accepting the contract with w. R. Hodgson Co., LoP. for the construction of the West Crossing Blvd Waterline Extension to Rosamond Pkwy Project as complete. (James Parkman) SUMMARY: RECOMMENDED ACTION: Staffrecommends approval of the consent items. ltemNo.~) City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: October 27, 2009 Staff Contact: James Parkman Account Code #:_--"N'-"'/..:...A=---_____ Budgeted Amount:_-:N"""/;..::;..A=--_____ Exhibits: x Yes 0 No AGENDA SUBJECT: ConsiderfDiscussl Action to accept completion of the contract with WR Hodgson Co for the waterline project on Rosamond Parkway SUMMARY: Approval and acceptance of work completed on the Rosamond Parkway Water Line Project. STAFF RECOMMENDATION: We recommend that the Council accept resolution of completion. Item No. 7 (a & b) city Secretary's use only City of Anna Staff Agenda Report Council Meeting: ~1=0/-=2,-,-,7/,-,,0=9_____ Staff Contact: Maurice Schwanke Prepared by: T. Ross Account Code #:._---"N=--".I~A~_____ Date Prepared: __~l0=/2=1!,:..;/0=9::--._ Budgeted Amount:..!i$~N:.!!/~A~_____ Exhibits: .Yes 0 No AGENDA SUBJECT: Public Hearing (a) Public Hearing To consider public comment on a request by Glenda Pinkston, representative for SUMPROP LTD., to change the zoning on a tract ofland in the Henry Brantley Survey, Abstract 0071, from Single Family Residential (SF-I) to Restricted Commercial (Cl) zoning. Property is located at 709 N. Powell Pkwy. (b) ConsiderlDiscuss/Action regarding an Ordinance to change zoning from Single Family Residential to Restricted Commercial located at 709 N. Powell Pkwy. SUMMARY: This property has been purchased by SUMPROP, LTC. and is located north of Hackberry on the west side of Powell Parkway (Hwy 5). The total property consists of 5.18 acres and is zoned as Single Family (SFl). The owner is requesting a zoning change on the frontage portion of the property to Restricted Commercial (C 1) zoning in order to utilize the existing building as an office for Highland Fire Protection Co., office presently located in McKinney, Texas. The office will be a point of sell with no equipment stocked or inventoried on site. The proposed "C-l" zoning is in keeping with the existing land use plan. All utilities are in place except for a fire hydrant that will need to be constructed as part of any development on this site. A sitellandscape plan and a plat have been submitted on this site. The request is in keeping with the Future Land Use Plan for the area and the staff is recommending approval ofthis request. PLANNING AND WNING ACTION: The Planning and Zoning Commission recommended approval of the proposed ordinance at their regular meeting, October 6, 2009. The vote was unanimous. RECOMMENDED ACTION: Approval ItemNo.~ City Secretary's use only City of Anna Staff Agenda Report Council Meeting: 10/27/09 Staff Contact: Maurice Schwanke Prepared by: T. Ross Account Code #:._---"N'-"I'-'O..A~_____ Date Prepared:___1~0,"-,/2=1",-/0=9~_ Budgeted Amount:...:t:$~N=/~A::...-_____ Exhibits: .Yes DNo AGENDA SUBJECT: ConsiderlDiscussi Action regarding approving a site plan/landscape plan for "SUMPROP LTD". SUMMARY: The site and landscape plans for SUMPROP have been reviewed by City Staff. The site plan has been changed to reflect the staff comments. A cross access easement is being shown on the south property line to provide for future access to the south when the property to the south is developed. Until the property to the south is developed the owner ofthe subject tract will be allowed to put up a barrier along their property line to discourage access to the property to the south. Existing shrubs and large trees buffer the residential property to the north and will provide for a visual transition between uses. The Planning and Zoning Commission approved this buffering (living plant screen) in their deliberations. It should also be noted that if this property develops beyond the existing structure and parking shown in the future a new site plan and landscape plan will need to be submitted and approved. The staff is recommending approval ofthis site plan/landscape plan. PLANNING AND WNING ACTION: The Planning and Zoning Commission at their regular meeting, October 6,2009, recommended approval of the site and landscape plan for "SUMPROP LTD". RECOMMENDED ACTION: Approval ItemNo._9_ City Secretary's use only City of Anna Staff Agenda Report Council Meeting: 10/27/09 Staff Contact: Maurice Schwanke Prepared by: T. Ross Account Code #:_---"N"-"I""'-A==--_____ Date Prepared: __-=1O=/2=.:1"-!../0=9,--_ Budgeted Amount:,..,.$'-----':N...!!./.:o....:A'------_____ DNo AGENDA SUBJECT: ConsiderlDiscussl Action regarding approving a final plat for the "Pinkston Addition". SUMMARY: This property is being platted into two lots as indicated on the submittal drawings. In order to service the lot adjacent to North Powell Parkway a fire lane is being provided. Additionally, a cross access easement is being shown on the south property line to provide for future access to the south when the property to the south is developed. PLANNING AND ZONING ACTION: The Planning and Zoning Commission at their regular meeting, October 6, 2009, recommended approval ofthe "Pinkston Addition" final plat. RECOMMENDED ACTION: Approval Item No. ~ City Secretary's use only City of Anna Staff Agenda Report Council Meeting: ---"'..1=0/=2-'-'7/-"'0-"-9 _____ Staff Contact: Maurice Schwanke Prepared by: Maurice Schwanke Account Code #:_----=N....:.!./..:.cA=----_____ Date Prepared:__...::;1..;:;.:0/.=.2=1I=09:...-_ Budgeted Amount:,..,.$:........."oN..!.:./.:...,:A'--_____ Exhibits: .Yes 0 No AGENDA SUBJECT: ConsiderlDiscuss! Action regarding an Ordinance to add design and maintenance of toilet stall dividers in public restrooms. SUMMARY: From time to time toilet stall dividers become inoperative in performing there primary function of providing privacy. A few patrons to public restroom have scared/defaced toilet stall dividers so that perforations develop making the dividers available for deviant behavior. Therefore it has become necessary to develop more detailed installation and maintenance standards. Proprietors that provide restroom facilities in places of businesses will be required to install and maintain appropriate privacy toilet stall dividers. RECOMMENDED ACTION: Approval ItemNo.JL City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: October 27, 2009 Staff Contact: Philip Sanders Account Code Budgeted Amount:_________ Exhibits: D Yes DNo AGENDA SUBJECT: ConsiderlDiscussiAction regarding a Resolution accepting an Energy Efficiency and Conservation Block Grant through the State Energy Conservation Office. SUMMARY: The American Recovery and Reinvestment Act approved by Congress earlier this year is providing over $45 million to the State Energy Conservation Office (SECO) for the Energy Efficiency and Conservation Block Grant program. This money is being made available to small cities and counties that did not receive a direct allocation from the U.S. Department of Energy under this program. It is anticipated that the City of Anna is eligible to receive $20,000 from this program. The purpose of this program is to provide funds to local governments to develop and implement projects that improve energy efficiency and reduce energy use and fossil fuel emISSIons. A list of eligible activities that a city can undertake quickly and cost effectively is included with this staffreport. Applications are due by December 14. STAFF RECOMMENDATION: Staff recommends approval of this Resolution. ItemNo.~ City Secretary's use only Y{()UlU BOJIBTOlIIN City of Anna City Council Agenda Staff Report Council Meeting: October 27, 2009 Staff Contact: Philip Sanders Account Code #:__________ Budgeted Amount: _________ Exhibits: DYes DNo AGENDA SUBJECT: ConsiderlDiscussl Action regarding a Resolution of the City Council of the City of Anna, Texas nominating a representative for the Board of Directors for the TML IEBP election. SUMMARY: The City of Anna currently provides health insurance to its employees through the Texas Municipal League Intergovernmental Employee Benefits Pool (TML IEBP). The organization is governed by a Board of Directors composed of individuals appointed by governing bodies or each participating entity. On September 22, 2009 the City Council cast a vote for Gayle Sims to represent TML Region 13 on the Board. The results of the 2009 Board of Trustees election for Region 13 show a tie between Gayle Sims (Human Resources Director for the City of Waxahachie) and Curtis Snow (City Manager for the City of Kaufman). In order to break the tie, a run-off election has been ordered. The attached Resolution will represent the City's vote for the person who will represent TML Region 13 on the Board. STAFF RECOMMENDATION: The Council has two candidates to consider. Staffis not aware of any reason why the incumbent Gayle Sims should not be reelected to the Board. Item No. .13 City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: October 27. 2009 Staff Contact: Philip Sanders Account Code #:_----=N'-'.:-"-'A"--_____ Date Prepared: 10122/09 Budgeted Amount:___--'N~IA~___ Exhibits: D Yes DNo AGENDA SUBJECT: ConsiderlDiscussi Action regarding an appointment to fill a vacancy on the Planning and Zoning Commission. SUMMARY: Currently we have a vacancy in Place 6. I did check with John Reynolds and he is enrolled in EMT class at this time and is not available to serve. I did receive one application in the mail and Ms. Delgado has checked P & Z, CDC and BOA that she is interested in. I will be contacting her to see if she is available to come to the meeting Tuesday evening. RECOMMENDED ACTION: Item No. 1"1 City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: October 27, 2009 Staff Contact: Philip Sanders Account Code #:_------'N'-"I""-A~_____ Date Prepared: 10/22/09 Budgeted Amount:___----=-N=/A=­___ Exhibits: 0 Yes DNo AGENDA SUBJECT: ConsiderlDiscussl Action regarding an appointment to fill a vacancy on the Anna Community Development Corporation. SUMMARY: Currently we have a vacancy in Place 2. I did receive an application from Dwain Reams whom is ineligible because he does not reside within the city limits. I did receive an application in the mail from Ms. Delgado. Ms. Delgado has checked P & Z, CDC and BOA that she is interested in. I will be contacting her to see if she is available to come to the meeting Tuesday evening. RECOMMENDED ACTION: ItemNo~ City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: October 27, 2009 Staff Contact: Philip Sanders Account Code #:_~N~/~A~_____ Date Prepared: 10/22/09 Budgeted Amount: ___--'N~/A~___ Exhibits: 0 Yes DNo AGENDA SUBJECT: ConsiderlDiscussi Action regarding an appointment to fill a vacancy on the Anna Economic Development Corporation. SUMMARY: Currently we have a vacancy in Place 2. I did receive an application from Dwain Reams whom is ineligible because he does not reside within the city limits. I did receive an application in the mail from Ms. Delgado. Ms. Delgado has checked P & Z, CDC (not EDC) and BOA that she is interested in. I will be contacting her to see if she is available to come to the meeting Tuesday evening. RECOMMENDED ACTION: Item No. J.ltL City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: October 27, 2009 Staff Contact: Philip Sanders Account Code #:._----'1"""0:....-C=C=-..;:-6...,.7=6.;:;..1___ Budgeted Amount:_--",$=2=00~_____ Exhibits: 0 Yes DNo AGENDA SUBJECT: ConsiderfDiscussl Action regarding a Resolution authorizing payment of Rotary club membership dues for the Mayor. SUMMARY: Mayor Driskell has asked the City Council to consider paying or providing reimbursement for membership dues for the Mayor in the Hurricane Creek Rotary Club. Membership dues are $200 per year. The City Council department budget has $2,500 allocated to pay the City's membership dues in the Texas Municipal League and the North Central Texas Council of Governments. Since we did not include Rotary membership dues as part of the budget, payment of the dues would likely result in a corresponding reduction of one of the other Service accounts (6711, 6721, or 6799). If approved, the attached Resolution finds that membership by the Mayor in the Rotary Club is part ofthe Mayor's official duties and authorizes payment of the annual dues.