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HomeMy WebLinkAbout2009-02-10 Workshop & Regular Meeting Packet- (972) 924-3325 • fax (972) 924-2620 . CITY OF ANNA AGENDA NOTICE -CITY COUNCIL WORKSHOP/CLOSED SESSION February 10, 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, February 10, 2009, atthe Anna City Hall Administration Building, located at 11 1-North Powell Parkway (Hwy 5), regarding the following items. 1. . Call to Order 2. Roll Call and Establishment of Quorum. "3,··Consider/Discuss/Acticm-iegardingthe Ci~na:8rar:idlng ProjecL_..... _... _ .. 4. CLOSED SESSION: Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to: a. discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); b. consult with legal counsel on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 ofthe 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) 1. The Council may vote and/or act upon each ofthe items listed in this agenda. 2. The Council reserves th.e rightto 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 disabiliiy who want to attend this meeting who may need assistance should contact the City Secretary at 972 924­ 3~25 two working days prior to the meeting so that appropriate arrangements can be made. 2-10-09 Regular CC Agenda.doc 1 Posted2..QS..09 Post Office Box 776 • Anna, Texas 75409-0776 The council further reserves the righUo enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. 5. Discussion regarding any item on the City Council's February 10, 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., February 6, 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 execotive session concerning any ofthe items listed on this agenda, whenever it is considered necessruy 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 Secretaty at 972 924­ 3325 two working days prior to the meeting so that appropriate arrangements can be made. 2-10-09 Regular CC Agenda.doc 2 Posted 2-06-09 (972) 924-3325 . fax (972) 924-2620 CITY OF ANNA AGENDA NOTICE -CITY COUNCIL REGULAR MEETING February 10, 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, February 10, 2009, at the Anna City Hall Administration Building, located at 111 North Powell Parkway (HWy 5), to consider the fot/owing items. Welcome to the City Council Meeting. Please sign the Sign~/n~Sheet as a record of attendance. If you wish to speak on an open-session agenda item please fill out the Opinlon/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 ofspecific factual information in response to a citizen's inquiry or to recite existing policy in response to the inquiry. 4. Discussion regarding Out Of City Utility Rates. 5. Public Hearing: (2nd) For City Council to hear Public Comment regarding a Proposed Smoking Ordinance for the City of Anna, Texas. 6. Presentation of the City of Anna Police Department Annual Report. (Kenny Jenks) 7. Discussion of the Quarterly Financial Update. (yVayne Cummings) 8. Consent Items. These items consist of non-controversial or "housekeeping" items required by law. Items maybe considered individually by any Council member making such reque~ prior to a motion and vote on the Consent Items. a. Approve Minutes of Regular City Council Meeting January 27,2009. b. Review of Anna CDC Minutes dated January 7,2009. c. . Approve a development plat for Eric Patrizio d. Approve a development plat for William Docekal. 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 sessioo 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. 2-10-09 Regular CC Agenda.doc 3 Posted 2~6-09 Post Office Box 776 • Anna; Texas 75409-0776 e .. Approve the "Westfield Addition" site and landscape plan. f. Approve the site plan for "Love's Truck Stop". g. Approve an ordinance Ordering a May 9,2009 General Election and associated dates and procedures. 9. Consider/Discuss/Action regarding approving Natural Springs Park Contract. (Maurice Schwanke) 10. (a) Public Hearing: For City Council to hear public opinion regarding Maintenance Bond requirement in subdivision ordinance. (b) ConsiderlDiscusslAction approving an ordinance regarding a Maintenance Bond requirement in subdivision ordinance. (Maurice Schwanke) 11. (a) Public Hearing: For City Council to hear public opinion regarding a Zoning Classification for Short-Term Loan Businesses. (b) Consider/DiscusslAction regarding approving an ordinance for a Zoning Classification for Short-Term Loan Businesses. (Maurice Schwanke) 12. Consider/Discuss/Action approving amendments to Anna CDC Bylaws'regarding check signing, purchases and reimbursement of funds. (Jessica Perkins) 13. Consider/Discuss/ACtion approving an Agreement with the Anna CDC and the City of Anna for employee services -Jessica Perkins. (Jessica Perkins) 14. Consider/Discuss/Action approving amendments to Anna EDC Bylaws regarding check signing, purchases and reimbursement of funds. (Jessica Perkins) 15. ConsiderlDiscuss/Action approving an Agreement with the Anna EDC and the City of Anna for employee services -Jessica Perkins. (Jessica Perkins) 16. Consider/Discuss/Action on any items listed on posted agenda for February 10, 2009 City of Anna Workshop Session and Closed Session, or any closed session occurring during this Regular Meeting, as necessary. 17. Adjourn. This is to certify that I, Natha Wilkison, City Secretary. posted this agenda at a place readily accessible to the public at the Anna City Hall and on the City Hall bulletin board at or before 5:00 p.m., February 6, 2009. ~J:i;u hh1L-.: Na~Wilkison, city Secretary 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 WlInt 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. 2-10-09 Regular CC Agenda.doc 4 Posted 2-06-09 ItemNo.-'­ City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: February 10., 2009 Staff Contact: Kenny Jenks Account Code #:____________ Budgeted Amount: ___________ Exhibits: 1&1 Yes DNo AGENDA SUBJECT: Presentation of the City of Anna Police Department Annual Report SUMMARY: At the beginning of each year, the Anna Police Department compiles the data from the previous year's police activities. That data is placed in the report and allows the reader to see the workload carried by the members of the agency for the previous year and comparetliat load with data from two years ago. . STAFF RECOMMENDATION: No Recommendations related to this item. ItemNo.~... ~) City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: February 10,2009 Staff Contact: Philip Sanders AccoUnt Code Budgeted Am~t:.-,-_______ Exhibits: 0 Yes No 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 Minutes.ofRegular City Council Meeting January 27, 2009. b. Review of Anna CDC Minutes dated January 7,2009. c. Approve a development plat for Eric Patrizio d. Approve a development plat for William Docekal. e. Approve the "Westfield Addition" site and landscape plan. f. Approve the site plan for "Love's Truck Stop". g. Approve an ordinance Ordering a May 9, 2009 General Election and associated dates and procedures. SUMMARY: STAFF RECOMMENDATION: Motion to approve the consent items. Item No. 'Ie. City Secretary's use only· City of Anna Staff Agenda Report Council Meeting: 02/10/09 Staff Contact: Maurice Schwanke Prepared by: T. Ross Account Code #:_------;N~/..::..A~_____ Date Prepared: __--'O=2::...;/0"-'4:.:...;/0=9__ Budgeted Amount:..!j!$'---!oN-!!./~A~___,--_ Exhibits: .Yes ONo AGENDA SUBJECT: Development plat for Eric Patrizio SUMMARY: This development plat is located in the extraterritorial jurisdiction of the City. A similar development plat was reviewed and approved previously for the construction of the existing house and did not reference a future swimming pool and fencing. This development plat shows the proposed swimming pool and fencing. The improvements being proposed will not impact the location of future City of Anna improvements. The property is commonly known as 1455 Rabbit Rum in Anna Lake Estates. The applicant has satisfied the City of Anna development plat requirements. PLANNING AND ZONING ACTION: The Planning and Zoning Commission at their regular meeting, February 3,2009, recommended approval ofthe development plat. The vote was unanimous. RECOMMENDED ACTION: Approval ItemNo.~ City Secretary's use only City of Anna Staff Agenda Report Council Meeting: 02110/09 Staff Contact: Maurice Schwanke Prepared by: T. Ross Date Prepared: __-,0=2:r...;/0,...4:.:../0"",,9,--_Account Code Budgeted Amount:..!i:$:........:::.N.!!./~A~_____ Exhibits: .Yes DNo AGENDA SUBJECT: Development plat for William Docekal. SUMMARY: William Docekal, owner of the subject property is proposing to install a 500 gallon per day Tex-Aire Aerobic Waste Water System with the potential to serve a future house or manufactured house at 8051 Farm to Market road 545. The property is located in the southeast comer of the extraterritorial jurisdiction of the City. Presently, there is an existing travel trailer and barn on the property. The original submittal of Mr. Docekal was only for an acre of land which had the appearance of a subdivision of land and would have required the request to be submitted as a combination preliminary/final plat. Mr. Docekal informed the staff that he was not proposing to subdivide the property; therefore, he has included his entire ownership as a development plat. The applicant has satisfied the City of Anna development plat requirements. PLANNING AND WNING ACTION: The Planning and Zoning Commission at their regular meeting, February 3,2009, recommended approval of the development plat. The vote was unanimous. RECOMMENDED ACTION: Approval ItemNo.~ City Secretary's use only City of Anna Staff Agenda Report Council Meeting: 02/10/09 Staff Contact: Maurice Schwanke Prepared by: T. Ross Account Code #:._~N~.!~A~_____ Date Prepared: __.....;0=2:::...;/0=:..;4~/0=9__ Budgeted Amount:-=$'---"N...:.:../"-'A'---_~___ Exhibits: .Yes ONo AGENDA SUBJECT: "Westfield Addition" commercial site and landscape plan. SUMMARY: The Westfield Addition commercial site plan/landscape plan occupies the land south of West White Street and west of Westfield Drive~ This project has been divided into 2 phases. This site plan is for both phases. The total site will contain 4 buildings eventually with Phase I being the easterly building. The 4 buildings are being planned as free standing with the center 2 buildings being architecturally attached. In the future, if the owners decide to sell the 2 center buildings separately a "PD" zoning change would need to occur to reduce the side yard setback to 0' and a new plat submitted. Without this type of zoning change no variance should be approved since this is a ~elf imposed hardship which does not constitute grounds for a variance approval. We are working at this time with the owner on a zoning request that will be submitted in the near future. . With the buildings being constructed, limited parking is available. Different uses require various amounts of required parking. As such this is to inform the ownerslPlanning and Zoning Commission/and City Council that if more intense uses occupy an over abundance of the square footage that some of the structure(s) will not be leasable. An example ofthis is if several restaurants locate on these premises the required parking may use up the existing parking. A health mix of retail and office can be accommodated on this site. The owner has been informed of these standards. Phase II will require TXDOT approval for the proposed entrance from West White Street. This application has been submitted through the City to TXDOT. PLANNING AND WNING ACTION: The Planning and Zoning Commission at their regular meeting, February 3,2009, recommended approval ofthe site and landscape plan subject to TX Dot approval for phase 2 and the elevations provided or similar. The vote was unanimous. RECOMMENDED ACTION: Approval subject to the conditions stated above. Item No. 8f City Secretary's use only - City of Anna Staff Agenda Report Council Meeting: 02/10/09 Staff Contact: Maurice Schwanke Prepared by: T. Ross Account Code #:_---"N'-"I-"-A=--_~___ Date Prepared:__-,0=2:::...;/0~4:..:...;/0=9,--_ Budgeted Amount:-=$'---""N-'-!./"'-'A"--_____ Exhibits: .Yes No AGENDA SUBJECT: Site plan for "Love's Truck Stop". SUMMARY: The intended use being applied for is a structure that will be used for ~ervicing trucks that frequent the Love's Truck Stop. The anticipated m~or use will be the changing and fixing of tires and providing road side service. The proposed improvements are planned interior to the existing Love's parking lot. The structure is required to have a masonry exterior as shown with no outside storage of new or used tires, supplies or other materials. Currently, the entire surface is concrete. This use is coIisistent with the Love's Truck Stop and the existing truck parking that will surround and buffer this structure from view from surrounding properties and view from thoroughfares. PLANNING AND ZONING ACTION: The Planning and Zoning Commission at their regular meeting, February 3, 2009, recommended approval of the site plan. The vote was unanimous. RECOMMENDED ACTION: Approval ItemNo.~ City Secretary's use only City of Anna Staff Agenda Report Council Meeting: 0211 0109 Staff Contact: Maurice Schwanke Prepared by: Maurice Schwanke Account Code #:_--"N'"""'.:;.;A=---_____ Date Prepared:__~0=2/~04..:.:.1=09::..__ Budgeted Amount:-"'$~N=/~A"_______ DNo AGENDA SUBJECT: ConsiderlDiscussl Action regarding approving Natural Springs Park Contract. SUMMARY: The City has received a grant for $400,000 to implement phase I of Natural Springs Park from Collin County. We have received a contract from Landscapes Unlimited (Same people who have constructed Slayter Creek Park and Slayter Creek Trail) to do the work under procurement procedures administered by The Interlocal Purchasing System ("TIPS"). The work will include grading. approximately 3,800 Linear Feet of 8' wide trail, 3 pedestrian bridges, and a floating dock. The Staff would like to proceed on this project as soon as possible. Attached to this Report is a copy of the contract. The final contract will have any engineering fees removed and we will contract separately for those services. PLANNING AND ZONING ACTION: NIA RECOMMENDED ACTION: Approval of the Contract. --_... __._--------­ ItemNo.~~b City Secretary's use only City of Anna Staff Agenda Report Council Meeting: 0211 0/09 Staff Contact: Maurice Schwanke Prepared by: Maurice Schwanke Account Code #:._----=N~/~A~_____ Date Prepared:__..:::O=2/~04..:.:../=09:.......-.._ Budgeted Amount:-"$,---",N--,-,-I,,,-,A,,---~____ Exhibits: .Yes DNo AGENDA SUBJECT: (a) Public Hearing: For City Council to hear public opinion regarding Maintenance Bond requirements in subdivision ordinance. (b) ConsiderlDiscussiAction approving an ordinance regarding Maintenance Bond requirement in subdivision ordinance. SUMMARY: The City of Anna requires a Maintenance Bond (Part III, Subdivision Ordinance, Article XII) from contractor(s) andlor subdivider(s) from an approved surety company which protects the City against defective workmanship and materials for a period of two years (Ordinance No. 62.2003) regarding public improvements or any improvements that will be dedicated to the City for city maintenance. The Code of Ordinance states one (1) year and the attached ordinance changes the Code to reflect the Councils previous action which is two (2) years. PLANNING AND WNING ACTION: N/A RECOMMENDED ACTION: Approval of the ordinance. Item No. lLJJ..-+ b City Secretary's use only City of Anna Staff Agenda Report Council Meeting: 0211 0109 Staff Contact: Maurice Schwanke Prepared by:.---=T"-!....:::;.R=o:..:::;ss::.......-____ Account Code #:_-=N-,,-/~A,,--_____ Date Prepared:__-'0=2=10~4~/0=9__ Budgeted Amount~-,,'-----'!;N...l.!./~A~_____ Exhibits: .Yes DNo AGENDA SUBJECT: (a) Public Hearing: For City Council to hear public opinion regarding a Zoning Classification for Short-Term Loan Businesses. (b) ConsiderlDiscussl Action regarding approving an ordinance for a Zoning Classification for Short-Term Loan Businesses. SUMMARY: Payday loans are short-term cash loans based on the borrower's personal check held for future deposit or on electronic access to the borrower's bank account. Borrowers write a personal check for the amount borrowed plus the finance charge and receive cash. In some cases, borrowers sign over electronic access to their bank accounts to receive and repay payday loans. Lenders hold the checks until the next payday when loans and the finance charge must be paid in one lump sum. To pay a loan, borrowers can redeem the check by paying the loan with cash, allow the check to be deposited at the bank, or just pay the finance charge to roll the loan over for another pay period. PLANNING AND ZONING ACTION: The Planning and Zoning Commission at their regular meeting, December 2, 2008, recommended approval to allow Short Term Loan Agencies (payday Loan Business) as an additional use in "I-I" zoning district only by Specific Use Permit and in 1-2 zoning district by right. The vote was unanimous. RECOMMENDED ACTION: Approval of the ordinance. ItemNo.~ Cil¥ Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: February 10,2008 Staff Contact: Jessica Perkins Account Code #:_______~_ Budgeted Amount:,___________ Exhibits: x Yes D No AGENDA SUBJECT: ,ConsiderlDiscuss/Action approving amendments to Anna CDC . Bylaws regarding check signing, purchases, and reimbursement of funds. SUMMARY: The bylaw amendments came at the request of the City Council to make fInancial exchanges more stringent to better insure fInancial responsibility. STAFF RECOMMENDATION: We recommend that the Council accept the by-laws as amended. Item No . .l.3­ City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: February 10,2008 Staff Contact: Jessica Perkins Account Code Budgeted Amount:_-=--__--'-______ Exhibits: x Yes 0 No AGENDA SUBJECT: ConsiderlDiscuss/Action approving an Agreement with the Anna CDC and the City of Anna for employee services-Jessica Perkins. SUMMARY: Around budgeting time the City Manager went to the CDC board asking the board to fund Y4 of the salary, benefits and other expenses for an employee who would work 50% of their time for the CDC and EDC. This contract solidifies that agreement and identifies Jessica's role and responsibilities in relation to the CDC. STAFF RECOMMENDATION: We recommend that the Council accept the agreement as approved by the CDC. - Item No. -.L!L City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: February 10,2008 Staff Contact: Jessica Perkins Account Code #:---------------­Budgeted Amount: __~__________ Exhibits: x Yes 0 No AGENDA SUBJECT: ConsiderlDiscussl Action approving amendments to Anna EDC Bylaws regarding check signing, purchases, and reimbursement of funds. SUMMARY: The bylaw amendments came at the request ofthe City Council to make financial exchanges more stringent to better insure financial responsibility. STAFF RECOMMENDATION: We recommend that the Council-accept the by-laws as amended. - Item No. IS"' City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: February 10,2008 Staff Contact: Jessica Perkins Account Code Budgeted Amount:___________ Exhibits: x Yes 0 No AGENDA SUBJECT: ConsiderlDiscuss/Action approving an Agreement with the Anna EDC and the City of Anna for employee services-Jessica Perkins. SUMMARY: Around budgeting time the City Manager went to the EDC board asking the board to fund Y.t of the salary, benefits and other expenses for an employee who would work 50% oftheir time for the CDC and EDC. 'This contract solidifies that agreement and identifies Jessica's role and responsibilities in relation to the EDC. STAFF RECOMMENDATION: We recommend that the Council accept the agreement as approved by the EDC.