HomeMy WebLinkAbout2009-12-08 Workshop & Regular Meeting PacketCITY 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 380111 District Court of
Collin County, Texas; and Anna-Weston boundary lines; SHG
Land Investments ofAnna 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 972924
3325 two working days prior to the meeting so that appropriate arrangements can be made.
12-08-09 CC Regular Meeting Agenda.doc 1 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.
L 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 aI/owed 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; infonnation 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 goveming body; infonnation 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. Collin County Commissioner Joe Jaynes will be presenting a check for
$282,500.00 awarding a Park Grant for Natural Springs Park. (Presentations)
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 3 Posted 12-04-09
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 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 (I-2) to Restricted Commercial
(C-1) District. (Maurice Schwanke)
(b) ConsiderlDiscuss/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 (I-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 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 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 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.
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. Consider/Discuss/Action regarding approving a street engineering contract or
task order with Birkhoff, Hendricks & Conway, L.L.P. (Philip Sanders)
14. Consider/Discuss/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. Consider/Discuss/Action regarding an appointment to fill a vacancy on the Anna
Economic Development Corporation. (City Co~ncil)
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 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 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 ofAnna,
Texas, Cause No. 380-04163-2009 in the 380th District Court of Collin
County, Texas; and Anna-Weston boundary lines; SHG Land Investments
ofAnna 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 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 7 Posted 12-04-09
Item No,,-.=6_
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Council Meeting: December 8. 2009 Staff Contact: Philip Sanders
Account Code #:_----.:N"""'/.::;..A=--_____ Date Prepared: 12/03/09
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 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)
RECOMMENDED ACTION: Motion to approve the consent items.
___'" _______ J~~l'l..<l.'§.Lf)
Staff Report
Council Meeting: December 3, 2009 Staff Contact: Maurice Schwanke
Account Code #: ____________
Budgeted Amount: ___________ Exhibits: 0 Yes ~No
AGENDA SUBJECT: City Council Approval for Staff to advertise for bids for the
Construction of trails and trail bridges at Natural Springs Park
SUMMARY: The City of Anna received a park grant to build walking trails and bridges
from Collin County. The amount awarded was $282,500. The City Council has already
approved a resolution approving the contract with Collin County. We are in the early
stages of bid document preparation. When completed our desire is to put the documents
out for bid so work can begin in early 2010.
STAFF RECOMMENDATION: We recommend that the Council authorize the City to
advertise for bids when the project packets are completed.
Item No. 7 (a & b)
City Secretary's use only
City of Anna
Staff Agenda Report
Council Meeting: 12/08/09 Staff Contact: Maurice Schwanke
Prepared by: T. Ross
Account Code #:_~N~/..!:...A~_____ Date Prepared:___l=2:c..;/0=3::.../0=9,--_
Budgeted Amount:..!:t$~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 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-l) District.
(b) ConsiderlDiscuss/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-l) District.
SUMMARY:
These changes are being proposed to remove the potential for future land uses that are
considered undesirable in an intercity area where orderly redevelopment is being
encouraged. The "1-2" zoning district is the most intense category within the City. Some
examples ofthe uses allowed by right include the following:
Item No. 7 (a & b)
City Secretary's use only
Acid Manufacturing Ammonia, bleach or chlorine manufacture
Arsenal Asphalt manufacture or refining
Blast Furnace Distillation of bones, coal or wood
Fat rendering Foundry
Scrap Metal sales and storage Tire recapping, vulcanizing
Within the "C-2" category most of the problematic uses are in the automobile and related
service uses. Many older downtown areas become encumbered with these types of uses
which inhibit quality development.
An argument has been made that why we don't allow the existing zoning to stay intact
until the right developer comes along so that the property can be marketed as it is. The
problem is that if something does come along and is established (an undesirable central
city use) then that use may not go away and the entire area impacted negatively for the
foreseeable future and stymie the quality development/redevelopment that is envision for
our core.
The "C-l" zoning district was changed on June 23 2009 by the Anna City Council to
expand the allowed uses and to remove the 5,000 square foot maximum building size.
The area being changed has several older buildings that were part of an old cotton gin
(including scales), Harlow Farm and Ranch Supply, Texas Star Bank, and a vacant house
at the comer of Powell Parkway and West White Street.
PLANNING AND WNING ACTION: The Planning and Zoning Commission
recommended approval of the proposed ordinance (change to "C-l") at their regular
meeting, July 7, 2009. The vote was unanimous.
RECOMMENDED ACTION: Approval
Item No. 8 (a & b)
City Secretary's use only
Y{OUB} BOIIB'l'OWN
City of Anna
Staff Agenda Report
Council Meeting: 12/08/09 Staff Contact: Maurice Schwanke
Prepared by: T. Ross
Account Code #:_~N~/~A~_____ Date Prepared:___l=2::..;/0=3~/0=9=--_
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 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 (I-I) and Heavy Industrial (1-2) to Restricted Commercial (C-l) District.
(b)ConsiderlDiscuss/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-l) District.
SUMMARY:
This zoning change is being proposed to remove the potential for future land uses that are
considered undesirable in an intercity area where orderly redevelopment is being
encouraged. The "I-I" and the "1-2" zoning districts are the most intense categories
within the City. Some examples of the uses allowed by right in the "1-2" include the
following:
Acid Manufacturing Ammonia, bleach or chlorine manufacture
Arsenal Asphalt ~ufacture or refining
Item No. 8 (a & b)
city Secretary's use only
Blast Furnace Distillation of bones, coal or wood
Fat rendering Foundry
Scrap Metal sales and storage Tire recapping, vulcanizing
An argument has been made that why we don't allow the existing zoning to stay intact
until the right developer comes along so that the property can be marketed as it is. The
problem is that if something does come along and is established (an undesirable central
city use) then that use may not go away and the entire area impacted negatively for the
foreseeable future and stymie the quality development/redevelopment that is envision for
our core.
The "C-l" zoning district was changed on June 23 2009 by the Anna City Council to
expand the allowed uses and to remove the 5,000 square foot maximum building size.
The area being changed has several buildings that include the Anna Grain Company and
feed store, a steel fabrication facility, V-haul storage, fire department and vacant land.
PLANNING AND ZONING ACTION: The Planning and Zoning Commission
recommended approval of the proposed ordinance (change to "C-l") at their regular
meeting, July 7, 2009. The vote was unanimous.
RECOMMENDED ACTION: Approval
Item No. 9 (a & b)
City Secretary's use only
City of Anna
Staff Agenda Report
Council Meeting: 12/08/09 Staff Contact: Maurice Schwanke
Prepared by: T. Ross
Account Code #:_~N~/.:..A=:.....-_____ Date Prepared: __-=12::.:../0=3;:.!../0=9::.-_
Budgeted Amount:'..!i$~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 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 ofthe 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-l) District.
(b)ConsiderlDiscusslAction 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 $2,000 or the highest penalty amount
allowed by law, whichever is less; and, providing for publication. Properties are generally
located south of West White Street, north of the cemetery, east of the Oak Hollow
Subdivision and west of Ferguson Parkway and are being rezoned from General
Commercial District (C-2) to Restricted Commercial (C-l) District.
SUMMARY:
This zoning change is being proposed to remove the potential for future land uses that are
considered inconsistent with existing development and desirable land uses along Anna's
major entry corridor. The proposed "C-l" zoning was changed on June 23 by the Anna
City Council to expand the allowed uses and to remove the 5,000 square foot maximum
building size.
Since the modification of the "C-l" zoning district this proposed change is in keeping
with other CommerciallRetail "PD" and "C-l" zoning changes that have occurred along
West White Street.
PLANNING AND ZONING ACTION: The Planning and Zoning Commission
recommended approval of the proposed ordinance (change to "C-I") at their regular
meeting, July 7, 2009. The vote was unanimous.
RECOMMENDED ACTION: Approval
Item No. 10 (a & b)
City Secretmy use only
City of Anna
Staff Agenda Report
Council Meeting: 12/08/09 Staff Contact: Maurice Schwanke
Prepared by: T. Ross
Account Code #:_----.:!N....!!/~A~_____ Date Prepared: ___l:!..:2::!.../0~3::.:../0~9~_
Budgeted Amount:-"'$'-------"'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 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.
(b)ConsiderlDiscussl 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. 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.
SUMMARY:
The proponent is requesting an amendment to a portion of the existing Planned Development
Zoning to include Engine and Transmission Replacement with no onsite reconditioning, Exhaust
and Muffler system sales and repair. Under the existing zoning "Minor Automobile Repair" is
allowed as a SUP. However, "Major Automobile General Repair" is not allowed. The
definitions are shown below have been extracted from the Zoning Ordinance.
Ex 3.4.5. Automobile Repair, Major -General repair or reconditioning of
engines and air-conditioning systems for motor vehicles; wrecker
service; collision services including body, frame or fender
straightening or repair; customizing; overall painting or paint shop;
vehicle steam cleaning; those uses listed under "automobile repair,
minor"; and other similar uses.
Ex 3.4.6. Automobile Repair, Minor Minor repair or replacement of
parts, tires, tubes, and batteries; diagnostic services; minor motor
services such as grease, oil, spark plug, and filter changing; tune
Item No. 10 (a & b)
City Secretary use only
upS; emergency road service; replacement of starters, alternators,
hoses, brake parts; automobile washing and polishing; performing
state inspections and making minor repairs necessary to pass said
inspection; normal servicing of air-conditioning systems, and other
similar minor services for light load vehicles, but not including any
operation named under automobile repair, major" or any other
similar use.
The applicant is proposing to buy an All Tune and Lube franchise. Within the franchise engines
and transmissions are removed sent off for reconditioning or reconditioned engines and
transmissions are brought in and placed into the vehicles. This activity goes beyond the
deflnition of Minor Automobile Repair. Therefore, prior to flnishing the franchise purchase the
proponent would like to establish the right to have these facilities at this location. Approval of
this "Planned Development" would eliminate the need for the SUP for Minor Automobile Repair
as well as the other proposed uses identifled. A general concept plan has been submitted. The
proponent is aware that prior to the issuance of a building permit that several things will need to
occur such as the approval of a detailed site and landscape plan, platting of the property, and
construction plans for the building and any civil improvements necessary.
The staff concerns have been addressed and incorporated within the attached ordinance.
PLANNING AND ZONING ACTION: The Planning and Zoning Commission denied the
request to amend the existing Planned Development zoning at their regular meeting, November
2, 2009. The vote was as follow:
2 aye-Halsell & Watkins 2 nay-Marter & Osborn 0 abstained
RECOMMENDED ACTION: Approval subject to the conditions outlined in the attached
ordinance.
ItemNo.~
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Council Meeting: December 8, 2009 Staff Contact: Chief Jenks
Account Code #:____________
Budgeted Amount: ___________ Exhibits: 0" Yes DNo
AGENDA SUBJECT: ConsiderlDiscussl 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)
SUMMARY: The City Council authorized and competitive sealed bids were taken for
the remodel of the old Independent Bank building, turning it into a Police Department
and Utility Billing facility. ScoBilt Contractors, Inc of Wiley submitted the lowest
responsible bid in the amount of $197,000.
A check of the references indicated that ScoBilt Contractors had completed their projects
on time, performed well and reasonably with any change orders, resolved all issues
amiably and had no conflicts. All three references, two of which were Cities, said they
would hire them again.
STAFF RECOMMENDATION: The staffrecommends that the Council adopt a
resolution awarding the contract to ScoBilt, Contractors Inc., subject to a final agreement
being reached that is acceptable to the City Manager, approved as to form by the City
Attorney, and not in excess of the low bid price of $197,000, under which conditions the
City Manager is authorized to execute such contract on behalf of the City.
ItemNo·lL
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Council Meeting: December 8, 2009 Staff Contact: Philip Sanders
Account Code #:__ o:,:::us:.:...-__v~an='
Budgeted Amount:_..±.N=A~_____ Exhibits: 0 Yes DNo
AGENDA SUBJECT: ConsiderfDiscussiAction regarding a Resolution approving a
general engineering services contract.
SUMMARY: In October of 2009, the City issued a Request for Qualifications (RFQ) for
general engineering services. We received five responses to our RFQ including
responses from: KSA Engineers, BirkhofIlHendricks, Freeman-Millican, Teague Nall
and Perkins, and Cross Engineering. A Team of four staff members reviewed the
responses provided by each firm. After discussing our respective evaluations we selected
two firms (BirkhofIlHendricks, and Teague Nall and Perkins) to interview. Based on the
interviews and a check of references of some of their municipal clients, we selected
BirkhofIlHendricks as our final choice and have negotiated the attached Professional
Services Agreement for Engineering Services. The general services agreement will cover
general engineering services such as review of engineering plans and plats, etc. Larger
design projects initiated by the City such as our street improvement project will involve a
separate task order or negotiated contract.
RECOMMENDATION: BirkhofIlHendricks is a mid-sized firm that represents
municipal clients all over DFW. They are the city engineer for a number of cities
(including the City of Celina since 2002) and have a very good reputation in the
engineering community. Staff recommends approval of this agreement.
ItemNo.1L
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Council Meeting: December 8, 2009 Staff Contact: Philip Sanders
Account Code #:_----=1...::;0-=-5:..:::8;.;;:.0--=6;.;:.9.:::;.:33~
Budgeted Amount:_...!!:$~1=:.:.2,~0~00~__ Exhibits: DYes DNo
AGENDA SUBJECT: ConsiderlDiscussl Action regarding a Resolution approving an
engineering services contract for the FY 2010 Street Improvement Program.
SUMMARY: As part of the FY 2010 Budget, the City Council allocated $100,000
toward a Street Improvement Program. Earlier in the fall Staff recommended to the
Council that the FY 2010 project focus on rehabilitating a 3,000 foot section of Riggins
Street from FM 455 north to Hackberry Drive. The attached engineering services
contract with BirkhofflHendricks will provide the engineered plans and specifications
necessary to bid the project.
RECOMMENDATION: Staff recommends approval of this contract.
ItemNo.~
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Council Meeting: December 8, 2009 Staff Contact: Philip Sanders
Account Code #:_---"'N-"'A-=--___
Budgeted Amount:_.....N..:,:A""-__-Exhibits: 0 Yes DNo
AGENDA SUBJECT: ConsiderlDiscuss! Action regarding a Resolution approving
Facilities Utilization Agreements with the Anna Youth Sports Association for the 2010
spring and summer basebalVsoftball seasons and the 2010 spring and fall soccer seasons.
SUMMARY: For the past few months Staff has been working with representatives from
the Anna Youth Sports Association to develop facilities use agreements that recognize
the relationship between the City and the A YSA and that formally authorize the A YSA to
use City facilities to operate their programs. The four agreements attached with this
report are the result of those discussions and cover the 2010 spring and summer
basebalVsoftball seasons and the 2010 spring and fall soccer seasons. The City'S Parks
Advisory Board has also reviewed the agreements.
RECOMMENDATION: Staff recommends approval of these agreements.
Item No. 1 S"
City Secretary's use only
Y{OUK} BOIIBTOWN
City of Anna
City Council Agenda
Staff Report
Council Meeting: December 8, 2009 Staff Contact: Wayne Cummings
Account Code #:_----=N..:.:/...:...A'"'--_____ Date Prepared: 12/03109
Budgeted Amount:___----:.N..:.:../'"-'A>--___ Exhibits: D Yes D No
AGENDA SUBJECT: ConsiderlDiscusslAction on a Resolution awarding and
authorizing execution of a new bank depository contract.
SUMMARY: On November 1 st the City Advertised in the Newspaper a notice of
RFPlBid for a Depository contract starting January 1,2010 and ending on December 31,
2012. A copy of the RFP was hand delivered to Buddy Hayes, Texas Star Bank and
Johnny Bratcher, Independent Bank on or about that same date. The Request stated that
all proposals must be delivered to me at 111 N. Powell Parkway by 2:00 PM on
November 30, 2009. We received only one proposal from Independent Bank. A copy of
the Proposal is being delivered with the agenda. Independent bank is the City's current
depository .
The proposal is very similar to the existing agreement with some changes. Security of
the Collateral has been increased in this proposal with an additional three way agreement
with The Bank, The City, and The Custodian to hold in trust all securities pledged as
depository collateral.
A copy of the banks most recent Audit is included in the bid packet and their most recent
call report required by the Federal Reserve System of all banks.
Johnny Bratcher is planning to attend the meeting to answer any question you may have.
RECOMMENDED ACTION: The staff recommends the award of the Depositor
Agreement to Independent Bank and authorize the execution of a three year depository
contract with the bank.
Item No. 12
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Council Meeting: December 8, 2009 Staff Contact: Philip Sanders
Account Code #:_---=N~A:...:o_______
Budgeted Amount:._-!!N..J..!A:..:!.-______ Exhibits: 0 Yes DNo
AGENDA SUBJECT: ConsiderlDiscussl Action regarding a Resolution withdrawing
City of Anna sponsorship of a proposed NRCS flood control lake.
SUMMARY: In September of 1956 the Natural Resources Conservation Service
(NRCS) office of the United States Department of Agriculture adopted a work plan that
showed the construction of several flood control lakes along the East Fork in Collin
County. While a number of lakes have been constructed, several have not including lake
No. 41A originally co-sponsored by the City's of Van Alstyne and Anna. In addition to
flood control, purposes of the lake included municipal water supply, and recreation. Last
month the NRCS wrote us a letter indicating that they intended to update the work plan
and requested that the City agree to delete this lake from the work plan if there is no
likelihood that the City will obtain the land and spend money to construct the lake.
The proposed lake is located entirely within the City of VanAlstyne's jurisdictional
boundary. Officials from the NRCS have estimated a cost of $8 to $10 million to
construct the lake today. That would be in addition to land acquisition and the cost of
constructing water treatment and delivery facilities. The City Manager in VanAlstyne
has told me that he has provided a letter to the NRCS indicating that VanAlstyne is no
longer interested in sponsoring this lake.
RECOMMENDATION: Given the fact that we have already invested money in
acquiring a source of surface water, that the proposed lake is not in Anna's geographical
jurisdiction, and that the City of VanAlstyne is no longer sponsoring the lake, Staff
recommends that the Council adopt a Resolution withdrawing sponsorship of the
proposed lake.
Item No. .l.2
City Secretary's use only
Y{OUB} BOIlBTOWN
City of Anna
City Council Agenda
Staff Report
Council Meeting: December 8, 2009 Staff Contact: Chief Jenks
Account Code #:_____________
Budgeted Amount: ____________ Exhibits: 0 Yes 0No
AGENDA SUBJECT: Discussion regarding Neighborhood Safety Programs
SUMMARY: The Police Department wants to keep the Council informed about some of
the different crime prevention programs that we are involved with implementing.
Currently we are working with GCEC on getting their fleet of utility vehicles marked as
"McGruffTrucks." The goal of the "McGruffTruck" program is to make neighborhoods
safer. It provides a way for utility companies to offer help in emergencies to anyone,
especially children. A set of "McGruff Truck" decals placed conspicuously on a truck
will help to identify that vehicle and driver as approachable if someone needs help (i.e.
attempted stranger abduction, injured persons, etc.).
The McGruff Truck program will work in conjunction with the "McGruff House"
program that is currently being considered for implementation by the Rattan Elementary
PTO, with the assistance of the police department. The McGruff House program operates
similarly to the McGruff Truck program. Residents in this program strategically place a
"McGruff House" logo in a window of their home indicating to anyone that they
participate in the program. It identifies the house as a place where children and others
can go to in the event they need help.
Only those employees or residents who meet the stringent standard for potentially
sensitive contacts with children and other members of the public can be considered as
participants in these programs. GCEC, the Rattan PTO, or a Neighborhood Watch group
are responsible for meeting the national program's guidelines and must show the National
Crime Prevention Council documentation of their required training, background checks
on the participants, etc. In addition, all McGruffTruck crewmembers and McGruff
House participants receive annual training in appropriate ways to provide assistance.
Then, an education campaign directed at the children will begin, with cooperation of the
ISD.
See http://www.ncpc.org/programs/mcgruff-neighborhood/mcgruff-truck for more
information on the program, if you wish.
ItemNo.~
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Council Meeting: December 8, 2009 Staff Contact: Philip Sanders
Account Code #:_---:N~A=-______
Budgeted Amount:_....!:N...!.!A=-______ Exhibits: 0 Yes DNo
AGENDA SUBJECT: Discussion regarding new ISO ratings.
SUMMARY: The Texas Department of Insurance State Fire Marshal's Office has
accepted the Insurance Services Office Inc. (ISO) recommendation to reduce the City of
Anna's Public Protection Classification (PPC) from 7 to 4. This new lower rating will gQ
into effect on March 1, 2010. Most (but not all) insurers use the PPC classifications for
underwriting and calculating premiums for residential, commercial and industrial
properties. A lower rating should mean lower insurance rates for homeowners and
business when the new rate goes into effect on March 1, 2010.
In addition to a reduction of the City's ISO rating, the rating for the unincorporated area
outside the City Limits but still within the Anna Fire District will also be reduced to a
4/8B/IO from a 7/911 O. This area is referred to as the Anna OP A (outside protection
area). In layman's terms, properties in the OPA that are located more than 5 miles to the
fire station will be classified as 10. Properties that are within 5 miles of the fire station
but more than 1,000 feet to a fire hydrant will be classified as 8B. Properties that are
within 5 miles of the fire station and within 1,000 feet of a fire hydrant will be classified
as 4. The new ratings for the Anna OPA will also go into effect on March 1,2010.
The ISO rating is based on an evaluation of the City's Fire department and water
distribution system. Chief Larry Bridges and James Parkman have been working for over
a year to prepare for our on-site inspection which occurred earlier this year. An ISO
reduction of 3 points is very commendable and they are both to be congratulated for
helping make this possible.
Item No.· 19
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Council Meeting: December 8, 2009 Staff Contact: Philip Sanders
Account Code #:_----"N'-'-'/~A"_______ Date Prepared: 12/03/09
Budgeted Amount:___---=-N.!!../A~___ Exhibits: D Yes DNo
AGENDA SUBJECT: ConsiderlDiscuss/Action regarding an appointment to fill a
vacancy on the Planning and Zoning Commission. (City Council)
SUMMARY: We currently have a vacancy in Place 6. At this time I have one applicant
for P & Z. Joshua Cretsinger has stated he is available to meet the first Monday of the
month.
RECOMMENDED ACTION: To make an appointment to Place 6 of the P & Z.
Item No. 20
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Council Meeting: December 8. 2009 Staff Contact: Philip Sanders
Account Code #:_---'N'-"/:..:..A"--_____ Date Prepared: 12/03109
Budgeted Amount: ___--'N::...:.:..:,IA~___ Exhibits: Yes DNo
AGENDA SUBJECT: ConsiderlDiscussl Action regarding an appointment to fill a
vacancy on the Anna Community Development Corporation. (City Council)
SUMMARY: We currently have a vacancy in Place 2. At this time I have one applicant
for the CDC. Sandra Delgado has stated she is available to meet the first Thursday of the
month at 4:00 pm and 5:00 pm.
RECOMMENDED ACTION: To make an appointment to Place 2 ofthe Anna
Community Development Corporation.
Item No. 2'1
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Council Meeting: December 8, 2009 Staff Contact: Philip Sanders
Account Code #:_----::N...:.:/~A~_____ Date Prepared: 12/03/09
Budgeted Exhibits: DYes DNo
AGENDA SUBJECT: ConsiderlDiscuss/Action regarding an appointment to fill a
vacancy on the Anna Economic Development Corporation. (City Council)
SUMMARY: We currently have a vacancy in Place 2. At this time I have one applicant
for the EDC. Sandra Delgado has stated she is available to meet the first Thursday of the
month at 4:00 pm and 5:00 pm.
RECOMMENDED ACTION: To make an appointment to Place 2 of the Anna
Economic Development Corporation.
ItemNoJ.~
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Council Meeting: December 8. 2009 Staff Contact: Philip Sanders
Account Code #: NIA Date Prepared: 12/03/09--~~~----------
Budgeted Amount:___--<:-N-'-'-I"--'A'--___ Exhibits: DYes DNo
AGENDA SUBJECT: 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 3801h District Court of Collin
County, Texas; and Anna-Weston boundary lines; and
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 Development.
d. Personnel: Consider Annual Evaluation of the City Manager reVIew.
(Government Code, Section 551.074).