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HomeMy WebLinkAbout2009-12-08 Workshop & Regular Meeting AgendaCITY OF ANNA AGENDA NOTICE -CITY COUNCIL WORKSHOP December 8, 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., December 8, 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 discuss any items listed or referenced on this agenda under the following exceptions: a. discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); b. 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 Bentley Powell v. City of Anna, Texas, Cause No. 401-03815-2009 in the 401 st District Court of Collin County, Texas; Texas Star Bank v. City of Anna, Texas, Cause No. 380-04163-2009 in the 380th District Court of Collin County, Texas; and Anna-Weston boundary lines; 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. 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 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. 12-08-09 CC Regular Meeting Agenda.doc Posted 12-04-09 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 §551.087). (a) Discussion regarding the Mantua Project. (b) Discussion regarding Rosenzweig Properties Development. d. Personnel: Consider Annual Evaluation of the City Manager. (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. 4. Discussion regarding any item on the City Council's December 8, 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., December 4, 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. 12-08-09 CC Regular Meeting Agenda.doc 2 Posted 12-04-09 CITY OF ANNA AGENDA NOTICE -CITY COUNCIL REGULAR MEETING December 8, 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., December 8,2009. 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 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 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. Collin County Commissioner Joe Jaynes will be presenting a check for $282,500.00 awarding a Park Grant for Natural Springs Park. (Presentations) I. The Council may vote andlor 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 necessllI}' 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 SecretIII}' at 972 924· 3325 two working days prior to the meeting so that appropriate arrangements can be made. 12-08-09 CC Regular Meeting Agenda.doc 3 Posted12~ 6. 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 November 10, 2009. b. Review Anna Community Development Corporation minutes of October 1,2009. c. Review Anna Economic Development Corporation minutes of October 1, 2009. d. Review Planning and Zoning minutes of October 6, 2009. e. Review Park Advisory Board minutes of October 19, 2009. f. Approve authorizing the solicitation of bids for Natural Springs Park Phase II. (Maurice Schwanke) 7. (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 properties; 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. Properties are generally located north of West White Street, east of Slayter Creek, south of Fourth Street and west of South Powell Parkway and are being rezoned from General Commercial District (C-2), Light Industrial (1-1) and Heavy Industrial (1-2) to Restricted Commercial (C-1) District. (Maurice Schwanke) (b) Consider/Discuss/Action to adopt an ordinance amending the City's comprehensive plan, zoning map. and zoning ordinance and changing the zoning of certain properties; 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. Properties are generally located north of West White Street, east of Slayter Creek, south of Fourth Street and west of South Powell Parkway and are being rezoned from General Commercial District (C-2), Light Industrial (1-1) and Heavy Industrial (1-2) to Restricted Commercial (C-1) District. (Maurice Schwanke) 8. (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 properties; 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. Properties are generally located north of Seventh Street, south of Fifth Street, west of Riggins Street and east of South 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 wodting days prior to the meeting so that appropriate arrangements can be made. 12-08-09 CC Regular Meeting Agenda.doc 4 Posted 12-04-09 Powell Parkway and are being rezoned from Light Industrial (1-1) and Heavy Industrial (1-2) to Restricted Commercial (C-1) District. (Maurice Schwanke) (b)Consider/Discuss/Action to adopt an ordinance amending the City's comprehensive plan, zoning map, and zoning ordinance and changing the zoning of certain properties; 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. Properties are generally located north of Seventh Street, south of Fifth Street, west of Riggins Street and east of South Powell Parkway and are being rezoned from Light Industrial (1-1) and Heavy Industrial (1­ 2) to Restricted Commercial (C-1) District. (Maurice Schwanke) 9. (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 properties; 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. Properties are generally located south of West White Street, north of the cemetery, east of the Oak Hollow Subdivision and west of Ferguson Parkway and are being rezoned from General Commercial District (C-2) to Restricted Commercial (C-1) District. (Maurice Schwanke) (b}Consider/Discuss/Action to adopt an ordinance amending the City's comprehensive plan, zoning map, and zoning ordinance and changing the zoning of certain properties; 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. Properties are generally located south of West White Street, north of the cemetery, east of the Oak Hollow Subdivision and west of Ferguson Parkway and are being rezoned from General Commercial District (C­ 2) to Restricted Commercial (C-1) District. (Maurice Schwanke) 10. (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 properties; 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. Property is located at 920 West White Street (FM 455) and is being rezoned from existing Planned Development (PD) Zoning under Ordinance No. 442-2009 to a new Planned Development (PD) with additional conditions and uses. (Maurice Schwanke) (b) Consider/Discuss/Action to adopt an ordinance amending the City's comprehensive plan, zoning map, and zoning ordinance and changing the zoning of certain properties; providing for savings, repealing and severability clauses; providing for an effective date; providing for a penalty clause not to exceed 1. The Council may vote andlor 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. 12-08-09 CC Regular Meeting Agenda.doc 5 Posted 12-04-09 $2,000 or the highest penalty amount allowed by law, whichever is less; and, providing for publication. Property is located at 920 West White Street (FM 455) and is being rezoned from existing Planned Development (PD) Zoning under Ordinance No. 442-2009 to a new Planned Development (PD) with additional conditions and uses. (Maurice Schwanke) 11. Consider/Discuss/Action regarding resolution awarding the contract on the Police and Customer Service Facility Remodel project and approving and authorizing the execution of contract for same. (Chief Jenks) 12. Consider/Discuss/Action regarding a resolution approving and authorizing the execution of a general engineering contract with Birkhoff, Hendricks & Conway, L.L.P.. (Philip Sanders) 13. ConsiderlDiscuss/Action regarding approving a street engineering contract or task order with Birkhoff, Hendricks & Conway, L.L.P. (Philip Sanders) 14. ConsiderlDiscuss/Action on a Resolution approving and authorizing the execution of facilities use agreements with the Anna Youth Association. (Philip Sanders) 15. Consider/Discuss/Action on a Resolution awarding and authorizing execution of a new bank depository contract. (Wayne Cummings) 16. Consider/Discuss/Action regarding a Resolution withdrawing City of Anna sponsorship of a proposed NRCS flood control lake. (Philip Sanders) 17. Discussion regarding Neighborhood Safety Programs. (Chief Jenks) 18. Presentation/Discussion regarding new ISO ratings. (Philip Sanders) 19. Consider/Discuss/Action regarding an appointment to fill a vacancy on the Planning and Zoning Commission. (City Council) 20. Consider/Discuss/Action regarding an appointment to fill a vacancy on the Anna Community Development Corporation. (City Council) 21. ConsiderlDiscusslAction regarding an appointment to fill a vacancy on the Anna Economic Development Corporation. (City Col-lncil) 22. 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. discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); 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. 12-08-09 CC Regular Meeting Agenda.doc 6 Posted 12·04-09 b. 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 Bentley Powell v. City of Anna, Texas, Cause No. 401-03815-2009 in the 401 st District Court of Collin County, Texas; Texas Star Bank v. City of Anna, Texas, Cause No. 380-04163-2009 in the 380th District Court of Collin County, Texas; and Anna-Weston boundary lines; 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. 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 §551.087). (a) Discussion regarding the Mantua Project. (b) Discussion regarding Rosenzweig Properties Development. d. Personnel: Consider Annual Evaluation of the City Manager. (Government Code, Section 551.074). 23. Consider/DiscusS/Action on any items listed on posted agenda for December 8, 2009 City of Anna Workshop Session or any closed session occurring during this Regular Meeting, as necessary. 24. 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., December 4, 2009. 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 conceming 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. 12-08-09 CC Regular Meeting Agenda.doc 7 Posted 12-04-09