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HomeMy WebLinkAbout2009-01-13 Workshop & Regular Meeting PacketL1,SY OFq�� (972) 924-3325 • fax (972) 924-2620 CITY OF ANNA AGENDA NOTICE — CITY COUNCIL WORKSHOP/CLOSED SESSION January 13, 2009 6:30 p.m. —Anna City Hall Administration Building The City Council of the City of Anna will meet in Workshop Session and Closed Session at 6:30 p.m., Tuesday, January 13, 2009, at the Anna City Hall Administration Building, located at 111 North Powell Parkway (Hwy 5), regarding the following items. 1. Call to Order 2. Roll Call and Establishment of Quorum. 3. Discussion regarding smoking ordinance. (Philip Sanders) 4. CLOSED SESSION: Under Tex. Govt 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); 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) 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. 1. The Council r w vm andlor ad upon each ofNe irons listed in this agenda. 2. 'live Council resmm We right to refine into exeemive us M. convening any ofthe items listed on this agwda, wtwnever a n umsidered necessmy and kgallyJua fled under the Open Meeting Act 3. Persons with a disahih"o want to attend this muting who any need wismee should contact the City Secretary A 972 924- 3325 two working days priorw We muting so that aMoprinte arrangements oan tro made. I A 3-09 Regular CC Agenda.doc i Posted 1-9-09 Post Office Box 776 - Anna, Texas 75409-0776 5. Discussion regarding any item on the City Council's January 13, 2009 Regular Meeting Agenda. 6. 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., January 9, 2009. N tha Wilkison, City Secretary 1. The Council mey vote weour. We each offt items listed in this agenda. 2 The Council reserves the right to rcme into exwudve session wncerning any afore item listed on this agenda, whenever it is considered necessary and logallyjusfified under Ne Open Meeting ACG 3. YersonswMadisnbilitywhowmttos¢end Nismwtingwhomaynmdmsis mo houidconWftCitySecataryat992924- 3325 two working days prim M the Meeting so that appropriae arrangements can be made. 1-13-09 Regular CC Agenda.doc 2 Posted 1.9-09 GVTy Oegh �9 resas Council Meeting: imp 132009 Item No.3li— City secreary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Account Code #: Budgeted Amount: Exhibits: ❑ Yes ❑ No AGENDA SUBJECT: Discussion of proposed Smoking Regulations. SUMMARY: In November last year, I presented to the City Council a draft Ordinance that would prohibit smoking in many locations to which the public has access. Based on comments from that meeting I have drafted a revised Ordinance that allows restaurants to provide a separate smoking room within the restaurant. 'These restrictions are similar to what the cities of Plano, Allen, and McKinney have adopted. (972) 924-3325 • fax (972) 924-2620 CITY OF ANNA AGENDA NOTICE — CITY COUNCIL REGULAR MEETING January13, 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., Tuesday, January 13, 2009, at the Anna City Hall Administration Building, located at 111 North Powell Parkway (Hwy 5), to consider the following items. 1. Call to Order. 2. Invocation and Pledge of Allegiance. 3. Citizen comments. Citizens am allowed 3 minutes to speak. The Council is unable to respond to or discuss any issues that am 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. Consent Items. These items consist of non -controversial or "housekeeping" items required bylaw. Items maybe considered individually by any Council member making such request prior to a motion and vote on the Consent items. a. Approve Minutes of Regular City Council Meeting, December 9, 2008. b. Approve Minutes of P & Z Commission Meeting, December 2, 2008. c. Consider/Discuss/Act on recommendation regarding "Chapman Addition" final plat. (Maurice Schwanke) d. Consider/Discuss/Ad on recommendation regarding development plat for Timothy Adams. (Maurice Schwanke) e. Consider/Discuss Act on recommendation regarding the re -plat of "Anna Retail Addition" for the KFC -Taco Bell restaurant. (Maurice Schwanke) f Consider/Discuss/Act on recommendation regarding the site plan and landscape plan for "KFC -Taco Bell". (Maurice Schwanke) 5. Consider/Discuss/Action regarding Adopting an Ordinance authorizing the Issuance and sale of Combination Tax and Revenue Certificates of Obligation, Series 2009; levying an annual ad valorem tax and providing for the security for and payment of i. The Council on, vote and/or ad upon each of We items IL ted in this agenda 2. The Couucii reserves t le Olyj fend into the Open MenngAet inK avY oftM items lifted oo this agrnda,wMmwer it i5 co Peniond necessaryandyKailYJus[t to a" the Opcm Motion Act 3. P We working adiays poo wtm e, ince ng so god mcMing who may need assi#a a undo. Contactthe City Secretary e[ 9'/2424- 3325 two working days poor to the melding so than aPpfopriWe artengemenb can be made. 1-13-09 Regular CC Agenda.doo 3 Posted 1-9-09 Post Office Box 776 • Anna, Texas 75409-0776 said certificate; and enacting other provisions relating to the subject. (Wayne Cummings) 6. Consider/Discuss/Action regarding Adopting an ordinance authorizing the Issuance and sale of Combination Tax and Revenue Refunding Bonds, Series 2009; levying an annual ad valorem tax and providing for the security for and payment of said bond; and enacting other provisions relating to the subject. (Wayne Cummings) 7. Consider/Discuss/Action regarding approving an Agreement between the City of Anna and Anna ISD regarding City Permits and Impact Fees. (Philip Sanders) 8. Consider/Discuss/Action regarding approving a Resolution Authorizing the City Manager to Execute a Wastewater Treatment Agreement (Rattan Easement Agreement). (Philip Sanders) 9. Consider/Discuss/Action regarding approving a Resolution Authorizing the City Manager to Execute a Real Estate Sales Contract to Purchase the Independent Bank Building. (Kenny Jenks) 10. Consider/DiscusstAction regarding approving a Construction Contract for Natural Springs Park. (Maurice Schwanke) 11. Consider/Discuss/Action regarding the Purchase of a Rescue Vehicle and new Rescue Tools. (Kenny Jenks) 12. Consider/Discuss/Action regarding the Mantua Development. (Philip Sanders) 13. Consider/Discuss/Action regarding approving the Impact Fee Advisory Committee. (Maurice Schwanke) 14. ConsidertDiscuss/Action on any items listed on posted agenda for January 13, 2009 City of Anna Workshop Session and Closed Session, or any closed session occurring during this Regular Meeting, as necessary. 15. 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., January 9, 2009. N a Wilkison, City Secretary 2.'n Council mayvme aod/w ae upon each often items session in serpanda 2. She Conned rnservcs the tighten retiro into executive session wnceming any ofthei[ems listed on flus agenda, whenever it is 3. Persons necessaryandt, h. justitied underthe(Igen Mating Act 3. Personswidng days pri weowaocidingew thl need woddng days giorro the nutting so drat appropriate arrmtgemee6 can be rondo. 1-1349Reguta,CCggerMa.doc 4 Posted 1-9-09 CYSY OFAN �9 TEXaS Council Meeting: January 13 2009 Account Code Budgeted Am( Item No.4 City S=eu�y's �. y City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Exhibits: O Yes ❑ No AGENDA SUBJECT: 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 Minutes of Regular City Council Meeting, December 9, 2008. It. Approve Minutes of P & Z Commission Meeting, December 2, 2008. c. Consider/Discuss/Act on recommendation regarding "Chapman Addition" final plat. (Maurice Schwanke) d. Consider/Discuss/Act on recommendation regarding development plat for Timothy Adams. (Maurice Schwanke) e. Consider/Discuss Act on recommendation regarding the re -plat of "Anna Retail Addition" for the KFC -Taco Bell restaurant. (Maurice Schwanke) f ConsiderMiscuss/Act on recommendation regarding the site plan and landscape plan for "KFC -Taco Bell". (Maurice Schwanke) ki lia 1Z I_\ E Motion to approve the consent agenda. Council Meeting: 01/07/09 Account Code Budgeted Amount: $ N/A Item No. City S==lays use only City of Anna Staff Agenda Report Staff Contact: Maurice Schwanke Prepared by: T. Ross Date Prepared: 01/07/09 Exhibits: MYes ❑ No AGENDA SUBACT: Consider/Discuss/Act on recommendation regarding "Chapman Addition" final plat. SUMMARY: The final plat "Chapman Addition" is a parcel of land that has not been platted in the past. The plat combines several parcels of land that is under one ownership. The plat has been reviewed by staff and all corrections have been made. Staff recommend's approval of this final plat. PLANNING AND ZONING ACTION: The Planning and Zoning Commission at their regular meeting, January 6, 2009, recommended approval of the final plat. The vote was unanimous. ACTION: Approved GAMY OF4�v, TEXAS Council Meeting: 01/07/09 Account Code Item No. Ciry&ad y*Sn Mly City of Anna Staff Agenda Report Staff Contact: Maurice Schwanke Prepared by: T. Ross Date Prepared: 01/07/09 Budgeted Amount: $ N/A Exhibits: NYes ❑ No AGENDA SUBJECT: Consider/Discuss/Act on recommendation regarding development plat for Timothy Adams. SUMMARY: This development plat is located in Anna's extraterritorial jurisdiction and is adjacent to the City Limits on the west and south. The development plat will allow the addition of a new metal building. Please note that a 60' rigbt-of-way for a future thoroughfare is being reserved on the eastern edge of the property. Additionally, in this area future right-of-way for East White Street will all be from the south side of the thoroughfare according to the proposed highway right -of way maps provided by TXDOT. PLANNING AND 'ZONING ACTION: The Planning and Zoning Commission at their regular meeting, January 6, 2009, recommended approval of the development plat. The vote was unanimous. RECOMMENDED ACTION: Approved Council Meeting: 01/07/09 Account Code Item No. -9_e, City Secretary's use o y City of Anna T Staff Agenda Report Staff Contact: Maurice Schwanke Prepared by: T. Ross Date Prepared: 01/07/09 Budgeted Amount: $ N/A Exhibits: MYes ❑ No AGENDA SUBJECT: Consider/Discuss/Act on recommendation regarding the re -plat of "Anna Retail Addition" for the KFC -Taco Bell restaurant. SUMMARY: The Anna Retail addition has been reviewed by City Staff. A permit for a TXDOT driveway has been submitted. We have asked'fXDOT to verify if adequate right -of --way is available for the proposed improvements to West White Street. The approval should be subject to that verification and approval of the civil plans. PLANNING AND ZONING ACTION: The Planning and Zoning Commission at their regular meeting, January 6, 2009, recommended approval of the re -plat with the conditions that the civil plans have been approved and. T'XDOT approval regarding the driveway. The vote was unanimous. ACTION: Approved with conditions stated above. Gv,,S OFgN A * TEXAS �9 Council Meeting: 01/07/09 Account Code Item No. -4f- City Secretary's use ally City of Anna Staff Agenda Report Staff Contact: Maurice Schwanke Prepared by: T. Ross Date Prepared: 01/07/09 Budgeted Amount: $ N/A Exhibits: EYes ❑ No AGENDA SUBJECT: Consider/Discuss/Act on recommendation regarding the site plan and landscape plan for "KFC/taco Bell". SUMMARY: The site plan for the KFC/Taco Bell has been reviewed by City Staff. The site plan has been clanged to reflect the staff comments A permit for a TXDOT driveway has been submitted. We have asked TXDOT to verify if adequate right-of-way is available for the proposed improvements to West White Street. The approval of the Site Plan should be subject to that verification in case slight modifications are required. PLANNING AND ZONING ACTION: The Planning and Zoning Commission at their regular meeting, January 6, 2009, recommended approval of the site plan and landscape plan with the conditions that the civil plans have been approved and TXDOT approval. The vote was unanimous. ACTION: Approved Council Meeting: January 13, 20092009 Account Code Budgeted Arm Item No. 5 City Secretaey's use only City of Anna City Council Agenda Staff Report Staff Contact: Wayne E. CummingE. Cummings Exhibits: O Yes ❑ No AGENDA SUBJECT: Issue and sale of Certificate of Obligations, Levying an annual Property Tax to pay for the Certificates. SUMMARY: The sale of Certificate of Obligations is to fund the purchase and renovation of the Independent Bank building across the street from the City Hall to house the Police Department and Utility Billing Department and to fund the construction of the Public Works Office and Warehouse building located at the north water tower site. This item was presented by Jim Sabouis several month ago and has been postponed several time. STAFF RECOMMENDATION: Approve the Ordinance L1,�q OFA,6'l. TE Xxs Council Meeting: January 12, 2009 Account Code Budgeted Arm Item No. 6 City Sm 's..,dy City of Anna City Council Agenda Staff Report Stab Contact: Wayne E. Cummings Exhibits: ❑ Yes ❑ No AGENDA SUBJECT: Issue and sale of Certificate of Obligations, Levying an annual Property Tax if needed to pay for the Certificates. SUMMARY: The sale of the Certificate of Obligations are to refund several issues of Water & Sewer Debt, to lower the annual cost of debt for severalyears, and to hold down the cost for the local citizens Water and Sewer Utility Charges. This item was presented by Jim Sabonis several months ago and has been postponed several times. STAFF RECOMMENDATION: Approve the Ordinance. Council Meeting: January 13, 2009 Account Code Budgeted Am< Item No. City SeCMyi,y's we only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Exhibits: ❑ Yes ❑ No AGENDA SUBJECT: Consider/Discuss/Action regarding approving an Agreement between the City of Anna and Anna ISD regarding Building Permits and Impact Fees. SUMMARY: Last month, The Mayor and I met with AISD representatives to discuss the issues related to building permit and impact fees for AISD projects. The District has accepted a proposal wherein they will pay impact fees and a reduced building permit fee - that will (at the very least) cover the City's out-of-pocket expenses related to building inspections and plan review. All other fees including construction inspection fees will be charged at the normal rate. The attached agreement was approved by the AISD Board in December. RECOMMENDATION: Staff recommends approval of this agreement. �vtY A9� OF.9,U�4 TEXAS Council Meeting: Janpaiv l!2009 Account Code Budgeted Awa Item No. City secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Exhibits: O Yes ❑ No AGENDA SUBJECT: Consider/Discuss/Action regarding approving a Wastewater Treatment Facility, Roadway, and Drainage Easement; and Wastewater Treatment Agreement. SUMMARY: During the past year we have been negotiating with Mr. John Rattan to obtain an easement that would allow for the construction of a sanitary sewer treatment facility that would have the ability to serve the East Fork/Hurricane Creek drainage basin on the west side of U.S. 75. The attached Wastewater Treatment Facility, Roadway and Drainage Easement and Wastewater Treatment Agreement are the final results of those negotiations. RECOMMENDATION: Staff recommends approval of the easement and agreement. Council Meeting: January 13, 2009 Item No. 9 City Se.dery's 11; - -holy City of Anna City Council Agenda Staff Report Staff Contact: Kenny Jenks Account Code #: Budgeted Amount: _ Exhibits: © Yes ❑ No AGENDA SUBJECT: Consider/Discuss/Action regarding approving a Contract to Purchase the Independent Bank Building for the price of $350,000 SUMMARY: The City's need to improve the facilities for the Police Department and the Customer Service staff of the Utility Billing Department and Municipal Court will be met as we proceed forward with the purchase of the Independent Bank Building located at and known as 101 S. Powell Parkway. The contract for the purchase of the building bas been prepared by and content approved by both the City's Legal Counsel and the attorney representing the Independent Bank Group. Staff also seeks Council approval in this action to authorize the City Manager to execute all closing documents when closing occurs later this year. Financing for this project, in conjunction with a Public Works facility, will come from the issuance of the Series 2009 CO's. STAFF RECOMMENDATION: We recommend that the Council approve both the contract for purchase of the building and authorization for the City Manager to execute closing documents on the property. Council Meeting: 01/07/09 Account Code #: N/A Budgeted Amount: $ N/A Item No. 10 City Secmiary's u;e my City of Anna Staff Agenda Report Staff Contact: Maurice Schwanke Prepared by: Maurice Schwanke Date Prepared: 01/07/09 Exhibits: NYes O No AGENDA SUBJECT: Comider/Discuss/ACtion regarding approving a Construction Contract for Natural Springs Park. SUMMARY: The City has received a grant for $400,000 to implement phase I of Natural Springs Park from Collin County. We have received a contract from Landscapes Unlimited (Same people who have constructed Slayter Creek Park and Slayter Creek Trail) to do the work under procurement procedures administered by The Interlocal Purchasing System ("TIPS"). The work will include grading, approximately 3,800 Linear Feet of 8' wide trail, 3 pedestrian bridges, and a floating dock, The Staff would like to proceed on this project as soon as possible. Attached to this Report is a copy of the contract and the exhibit prepared as part of the grant application which indicates phase L PLANNING AND ZONING ACTION: N/A RECOMMENDED ACTION: Approval of the Contract. Council Meeting: January 13, 2009 Item No. AJ_ City secretary's uu only City of Anna City Council Agenda Staff Report Staff Contact: Kenny Jenks Account Code #: Budgeted Amount: Exhibits: O Yes ❑ No AGENDA SUBJECT: Consider/Discuss/Action regarding an agreement to purchase a Fire Rescue vehicle and new Rescue Tools. SUMMARY: The City of Anna, in preparation for an ISO study, has been in the market for a Rescue Vehicle for use by the Fire Department. Costs for the purchase of new truck alone have been researched and range from $88K to $110K.. The City of Van, Texas has recently made available a lightly used 1997 Freightliner E - One rescue truck. Anna Voluntary Fire Department personnel have made the trip to Van and evaluated the truck to see if it would meet our needs here in Anna. The Van City Administrator and I have agreed on the price of $55,000 for the truck. With the large savings on the truck price, the Fire Department is requesting replacement of older rescue tools that are in need of constant repair. Quotes for those tools have been received, the lowest of which is $22,205 The total cost for the Fire Department's Rescue Truck and equipment is $77,205 and financing will be sought through our lending institution. This project will be financed through Independent Bank with annual payments being made for five (5) years out of the City's General Fund. The annual payment will be approximately $17,900 for the term of the contract. The Fire Department's Capital Fund in the budget will be dedicated to the payment of the debt. STAFF RECOMMENDATION: We recommend that the Council authorize City staff to proceed with the purchase of the Fire Rescue Truck and the Rescue Tools and to execute all documents that have been approved by the City Attorney/City Manager. Item No. -t3— Cuy Secretary's use Doty GAw OFAA,N y City of Anna Staff Agenda Report TEXAS Council Meeting: 1/13/09 Staff Contact: Maurice Schwanke Prepared by: Maurice Schwanke Account Code #: N/A Date Prepared: 1/8/09 Budgeted Amount: $ N/A Exhibits: EIYes ■ No AGENDA SUBJECT: Consider/Discuss/Action regarding the Impact Fee Advisory Committee. I.YIPuhAKIN The Impact Advisory Committee is required under State Law to meet yearly to report on the progress of the capital improvements plan and report to the City Council any perceived inequities in the implementing the plan or imposing the impact fee, and advise the City Council of the need to update or revise the land use assumptions, capital improvements plan, and impact fee. The Impact Fee Advisory Committee by Ordinance Numbers 242-2005 and 324-2007 establishes the Planning and 'Zoning Commission as the Impact Fee Advisory Committee with the addition of one member being from the Extra Territorial Jurisdiction (ETJ) and one member that represents the real estate, or developer, or building industry if one does not exist on the Planning and Zoning Commission. At this time we need to appoint one member from the ETJ and a member from the real estate/developer/building industry. Since we are in the middle of our Master Plan Update work it may be advantageous to us to use members who are familiar with what is going on in terms of land use planning to also serve on the Impact Fee Advisory Committee. Recommendation from ETJ Elizabeth James Or Gary Billips Recommendation from the Real Estate/ Developer/Building Industry Tim Bates ACTION: Approval of new members.