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HomeMy WebLinkAbout2009-03-10 Workshop & Regular Meeting Packet(972),924-3325 • fax (972) 924-2620 CITY OF ANNA AGENDA NOTICE -CITY COUNCIL WORKSHOP/CLOSED ., SESSION' March 10,2009 6:30 p.m. -Anna City Han Administration BU~lding The City PouncU of the City of Anna will meet in Workshop Session and Closed Session af 6:30 p.m., Tuesday, March 10. 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: Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to: a. discuss or deliberate the purchase, exchange. lease. or value of real property (Tex. Gov't Code §551.072); b. consult with legal counsel on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071); c. Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City Councif has received from a business prospect that the City Councrl' 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 i i I(2) To deliberate the offer of a financial or other incentive to a business i prospect described by subdivision (1). (Tex. Gov't Code §551.087) I d. Personnel: Discussion regarding Anna EDe Members. (Government I Code, Section 551.074). I 1. The Council mayvote and/or act upon each ofthe items listed in this agenda. I 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. I I J3. 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. 03-10-09 CC Regu[ar Agenda.doc Posted 03-06-09 I IPost Office Box 776 • Anna, Texas 75409-0776 t 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 March 10, 2009 Regular .. Meeting Agenda. 5. Adjourn. ThiS is to certify that I, Natha· Wilkison, City· Secretary, posted this-agenda· at aa--'-----~~ pla~ readily accessible to the public at the Anna City Hall and on the City Hall .bulletin bOard at or before 5:00 p.m., March 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 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 ilssistance should contact the City Secretm:y at 972 924­ 3325 two working days prior to the meeting so that appropriate arrangements can be made. . 03-10-09 CC Regular Agenda.doc 2 Posted 03-06-09 I I I (972) 924-3325 • fax (972) 924-2620 CITY OF ANNA AGENDA NOTICE -CITY COUNCIL REGULAR MEETING March 10, 2009 7:30 p.m. :... Anna City Hall Administration Building The City Council ofthe City of Anna will meet in Regular Session at 7:30 p.m., Tuesday, March'10, 2009, at the Anna City Hall Administration Building, located at 111 North Pow~fI Pa.rkway (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 OpinioniSpeaker Registration Form and turn it in to the City Secretary before the meeting starts. 1. . Call to Order. 2. Invocation and Pledge of Allegiance. 3. Citizen comments. Citizens are allowed 3 minutes to speak. The Council is unable to respond to or discuss any issues that are brought up during this section that are not on the agenda, other than to make statements of specific factual information in response to a citizen's inquiry or to recite existing policy in response to the inquiry. 4. Presentation of a Certification of Appreciation to Mr. Joe Finley, Jr. 5. ConsiderlDiscuss/Action regarding ~pproving a proposed change order to the construction contract for Phase III of the Anna-Melissa Sewer Project. (Philip Sanders) 6. Discussion regarding a Presentation on Code Red Weather. (Kenny Jenks) 7. 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 February 24, 2009. b. Approve the "Wiese Addition" final plat. (Maurice Schwanke) 8. Consider/DiscusS/Action regarding the site plan for Hay Fitters located at 404 S. Powell Pkwy, Anna, Texas. (Maurice Schwanke) 9. Di$cussion regarding the Presentation of a Report from the Impact Advisory Committee. (Maurice Schwanke) 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 underthe 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. 03-10-09 CC Regular Agenda.doc 3 Posted 03-06-09 Post Office Box 776 • Anna, Texas 75409-0776 10. Consider/Discuss/Action regarding a resolution authorizing the City to apply for the GO TEXAN Rural Community Bootstraps Bucks promotional grant for $2,500. (Jessi~ Perkins) .11. Consider/Discuss/Action regarding a Resolution authorizing the Greater Anna Qhamber of Commerce to act as the agent on behalf of the City to apply for . the GO TEXAN Rural Community Bootstraps Bucks promotional grant for $2.500. (Jessica Perkins) 12. (a)Consider/DiscusslAction regarding an ordinance amending the City of Ann~ Code of Ordinances by amending Part II, Article XXXIII. Health and Sanitation. by adding Section 1, Smoking. (Philip Sanders) (b)Gonsider/Discuss/Action regarding an ordinance amending the City of Anna Code of Ordinances by amending Part II. Article XXXIII. Health and Sanitation, by adding Section 1. Smoking. (Philip Sanders) 13. ConsiderlDiscuss/Action regarding a Resolution approving the Amended Anna EDC Bylaws. (Jessica Perkins) 14. ConsiderlDiscuss/Action regarding a resolution authorizing execution of the EDC contract for city employee services. (Jessica Perkins) 15. Consider/Discuss/Action on any items listed on posted agenda for March 10, 2009 City of Anna Workshop Session and Closed Session, or any closed session occurring during this Regular Meeting, as necessary. 16. Adjoum. 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., March 6, 2009. 1. The ComciI may voteandlor 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 mder 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 ammgements can be made. 03-10-09 CC Regular Agenda.doc 4 Posted 03-06-09 ItemNo.~ City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: March 10, 2009 Staff Contact: Philip Sanders Account Code #:__________ Budgeted Amount:,_-------­Exhibits: DYes DNo AGENDA SUBJECT: ConsiderlDiscussl Action regarding a proposed change order to the construction contract for Phase III ofthe Anna-Melissa sewer project. SUMMARY: The final phase (phase III) of the Anna-Melissa sewer project is currently under construction. Phase III of the project' involves the construction of an additional sewer collection main in Melissa to handle the future wastewater needs of the cities of Anna and Melissa. During the course of construction, the contractor encountered a water line belonging to the North Collin Water Supply Corporation within the easement for this project. In order to avoid costly delays, the project engineer is recommending that the contractor lower the water line at a cost of $40,000. The attached memo from Jerry Chapman with GTUA explains in more detail the issues surrounding this problem. STAFF RECOMMENDATION: After discussing the various alternatives with Mr. Chapman, Staff concurs with the recommendation of the project engineer to spend $40,000 and lower the water line so the construction of the sewer line can proceed on schedule. The $40,000 will come from the construction contingency account set up for this project. This contingency account is funded by bonds previously issued by GTUA which are being repaid by the cities of Anna and Melissa. ItemNo.~ City Secretary's use only .City of Anna City Council Agenda Staff Report Council Meeting: March 10, 2009 Staff Contact: Kenny Jenks Account Code #: ____________ Budgeted Amount:,_-:$L..:::..O________ Exhibits: L&1 Yes DNo AGENDA SUBJECT: Discuss using Code Red Weather as our telephone early warning system for weather related matters. SUMMARY: This is a follow up to the discussion we had during the last Council meeting about our use of the Code Red telephone notification system to call our area residents about severe weather warnings. We discussed that having to manually launch a weather warning is not the best way to try and enhance the safety of our community since dangerous weather often hits without having been predicted or observed. Code Red Weather is a $2,500 automated weather warning telephone system that will automatically call those persons that have chosen to enter themselves into the database. Calls will go out to those in the area or path that the National Weather Service has issued severe weather warnings for, automatically. This is not a budgeted item. I do believe that we can look through some items in the budget and sacrifice them in favor of the Code Red Weather program. The $2,500 dollars for the system is not the only cost however. An information campaign to get people to sign up will cost money for bulk mail~outs. Each mailing we conduct at the City to the 75409 zip code costs approximately $1,500. And remember, we opened the Code Red sign~up to persons in the ETJ as well. I will have some slides and a video showing the "polygons" of a storm and how the Code Red weather software uses this to call persons in the storm's path. STAFF RECOMMENDATION: This is a policy decision by the Council. If telephone early warning is a service that the Council chooses to provide, then the system must be automated. The current method of the system being manually launched by a person when it appears that severe weather is nearing is not efficient. ItemNo.~""") City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: March 1 0, 2009 Staff Contact: Philip Sanders Account Code #:_________ Budgeted Amount: ________ Exhibits: DYes DNo AGENDA SUBJECT: Consent Items. These items consist ofnon-controversial or "housekeeping" items required by law. Items may be considered individually by any Council member making such request prior to a motion and vote on the Consent Items. a. Approve Minutes of Regular City Council Meeting February 24,2009. b. Approval regarding the "Wiese Addition" final plat. (Maurice Schwanke) SUMMARY: STAFF RECOMMENDATION: Make a motion to approve the consent items. Item No. City Secretary's use only City of Anna Staff Agenda Report Council Meeting: 03/1 0109 Staff Contact: Maurice Schwanke Prepared by: T. Ross Account Code #:_-,-",-N..!'-'IA"-"--_____ Date Prepared: ___0=3::.:....10:::.,..4:..:..../0=9'---_ Budgeted Amount:..!:t$~N~/~A~_____ Exhibits: .Yes ONo AGENDA SUBJECT: Final plat for "Wiese Addition". SUMMARY: The final plat "Wiese Addition'''' is a parcel ofland that has not been platted in the past located at 405 Smith Street. The final plat has been reviewed by staff and is recommended for approval. PLANNING AND ZONING ACTION: The Planning and Zoning Commission at their regular meeting, March 3, 2009, recommended approval ofthe final plat. The vote was unanimous. RECOMMENDED ACTION: Approval Item No. 8 City Secretary's use only City of Anna Staff Agenda Report Council Meeting: 0311 0/09 Staff Contact: Maurice Schwanke Prepared by: T. Ross Account Code #:_----=N...:.!/-'-'A"--_-'--___ Date Prepared:__-=0.=..:3/..;:.04...:.:./=09,,--_ Budgeted Amount:....!:!$:.......,:N-!,l/..:,.;A"--_____ ONo AGENDA SUBJECT: Site plan for Hay Fitters located at 404 S. Powell Pkwy, Anna, Texas. SUMMARY: This property is currently Zoned "1-2" (heavy industrial) the least restrictive zoning classification within the zoning ordinance. The building on this site is an existing halite block building with gravel parking on the front and south side. The future required right-of-way and landscape/setback requirements put the existing building at the building line. Therefore the parking is being provided along the side of the lot. Commercial, office, and storage uses require various amounts of parking and the site can accommodate the requirements. When new uses choose a structure that has substandard conditions, improvements are required to bring the facilities into compliance with City codes. These codes would include items such as electrical, plumbing, parking, landscaping, and in some cases fire suppression systems. This is the process that brings improvement to the safety within a city and a city to continue to be viable. The existing gravel in front of the building except for the driveway is required to' be landscaped. Additionally, required parking and maneuvering areas need to be on an all weather surface. Fire lanes also need to meet City requirements (a minimum of 6" base and concrete). At this time no fire protection is available for this structure. Fires at this location would be fought in a defensive mode without the ability to try to save the structure. The only fire hydrant near the building is across a bridge to the west on undeveloped property. This bridge is not able to support the weight of a fire truck. The building is over 5,000 square feet. The structure is exempt from the automatic sprinkler requirement unless cumulative alterations are made that affects thirty percent (30%) or more ofthe building. Window signs as outlined in the City of Anna Code of Ordinances is limited to 25 percent of the total window area. The current signs appear to violate this provision and will need to be reduced in coverage. The recommendations are consistent with other existing uses within the City. Item No. City Secretary's use only PLANNING AND ZONING ACTION: The Planning and Zoning Commission at their regular meeting, March 3, 2009, recommended approval of the site plan with the staff recommendations. that the required parking be paved, the signage come into compliance with City ordinances, and the front of the building except for the driveway be landscaped. The vote was unanimous. RECOMMENDED ACTION: Approval subject to the conditions stated above. ItemNo.i City Secretary's use only City of Anna Staff Agenda Report Council Meeting: 0311 0/09 Staff Contact: Maurice Schwanke Prepared by: T. Ross Account Code #:~--",N...!!/""",A,,---_____ Date Prepared:. __...:::0=3/:...:,04....:.:.F"""'09"--_ Budgeted Amount:,..!I$~N;...:.!/~A~_____ DNo AGENDA SUBJECT: Discussion regarding the Presentation of a Report from the Impact Advisory Committee. SUMMARY: 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. IMPACT ADVISORY COMMITTEE: The Impact Advisory Committee at their meeting, March 3, 2009, made recommendations as follows: 1) Water meter sizes of 1/5" and 3" be removed from the schedule since they are odd sizes not used in the City. 2) That the land use assumptions be reevaluated after the Citizen Land Use Master Plan Advisory Update Committee finishes their project. 3) That the Impact Fee WaterlWastewater Equivalency Table remain the same until such time the Land Use Assumptions can be reevaluated and the Capital Improvement Plan be revised. The vote was unanimous. RECOMMENDED ACTION: Approval ItemNo. .lJL City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: March 10, 2009 Staff Contact: Jessica Perkins Account Code Budgeted Amount:___________ Exhibits: Yes 0 No AGENDA SUBJECT: ConsiderlDiscuss/ Action regarding a resolution authorizing the City to apply for the GO TEXAN Rural Community Development Bootstraps Bucks promotional grant for $2,500. SUMMARY: The City recently became a certified member of the GO TEXAN Rural Community Development Program. The program offers two grant programs. One of the programs is the Bootstrap Bucks reimbursable funding program which is designed to help rural communities promote tourism events. Approved GO TEXAN Rural Community Program certified members can receive up to $2,500 in reimbursable funds for one of four eligible promotional items: banners, posters, newspaper advertisements and radio/television spots. The City anticipates applying for the Bootstrap Bucks to offset the costs of promotional material for the unveiling of the new brand at the Glow Fest. STAFF RECOMMENDATION: Staff recommends that the Council approve the resolution for the City to apply for the Bootstrap Bucks grant reimbursement program. Item No. 11­ City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: March 10, 2009 Staff Contact: Jessica Perkins Account Code #: ____~____ Budgeted Amount: ___-'--_______ Exhibits: Yes No- AGENDA SUBJE.CT: ConsiderlDiscuss/Action regarding a resolution authorizing the Greater Anna Chamber of Commerce to act as the agent on behalf of the City to apply for the GO TEXAN Rural Community Development Bootstraps Bucks promotional grant for .$2~500. SUMMARY: The GACC recently became an associate member of the GO TEXAN RUral Community Development Program. The program offers the opportunity for both the City and the Chamber to apply for the Bootstraps Bucks reimbursable grant funds. The GACC will apply for a reimbursement for the promotional expenses incurred by promoting the Glow Fest. STAFF RECOMNIENDATION: Staff recommends that the Council approve the resolution for the GACC to act as an agent on behalf of the City to apply for the Bootstrap Bucks grant reimbursement program. Item No. Jlla.;.h) City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: November 25, 2008 Staff Contact: Philip Sanders Account Code #: __________ Budgeted Amount:. _________ Exhibits: 0 Yes DNo AGENDA SUBJECT: Discussion of proposed Smoking Regulations. SUMMARY: Several Council members have expressed interest in adopting an ordinance that would restrict smoking in locations to which the public has access. During the November 25 Council meeting, I presented for discussion a draft ordinance that would restrict smoking in most locations to which the public has access. The Council conducted public hearings on January 27, 2009, February 10, 2009 and February 24,2009 at which the public was invited to express their views on the proposed smoking regulations. Based on the feed back we received over the past few months, we have drafted two alternatives smoking ordinances for Council to consider. Both Ordinances are patterned after the City of McKinney regulations adopted in September 2007. The McKinney Ordinance was modeled after the City of Plano Ordinance also approved in 2007. Ordinance A establishes a general prohibition of smoking is most locations to which the public has access including outdoor public spaces such as parks. There are exceptions outlined in Section 1.02, including an exception for private clubs (country clubs and fraternal organizations) where a separate smoking area is provided that meets specific physical and operational requirements. Ordinance A would become effective in three months on June 10,2009. Ordinance B is identical to Ordinance A except that it provides the option for a restaurant to create a separate smoking area which must meet specific physical and operational requirements. Ordinance B would also become effective on June 10, but would allow a restaurant that must make physical modifications to meet the requirements, a total of six months (until September 10, 2009) to complete the modifications after which it would be regulated by all the requirements in the ordinance. STAFF RECOMMENDATION: In the absence of some other regulatory mandate (such as a State Law) it is likely that there will continue to be pressure from the public to adopt an ordinance that restricts smoking in public places. If the City of Anna intends to adopt such an ordinance, we recommend that it be enacted now in the current environment before the City experiences significant commercial development. I believe that future business prospects will respond favorably to an ordinance that reflects the general public sentiment about this issue. ItemNo.~ City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: March 10, 2009 Staff Contact: Jessica Perkins Account Code#:. _________ Budgeted Amount: ___________ Exhibits: x Yes 0 No AGENDA SUBJECT: ConsiderlDiscuss/Action regarding a resolution approving the amended Anna EDC Bylaws. SUMMARY: The bylaw amendments came at the request of the City Manager to make financial exchanges more stringent to better insure fmancial responsibility. STAFF RECOMMENDATION: Staff recommends that the Council accept the by­ laws as amended. ItemNo.~ City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: March 10, 2009 Staff Contact: Jessica Perkins Account Code Budgeted Amount: ___________ Exhibits: x Yes D No AGENDA SUBJECT: ConsiderlDiscussl Action regarding a resolution authorizing execution of the EDC contract for city employee services. SUMMARY: Around budgeting time the City Manager went to the EDC board asking the board to fund V4 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 EDC. STAFF RECOMMENDATION: We recommend that the Council accept the agreement as approved by the EDC.