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HomeMy WebLinkAbout2009-03-24 Workshop & Regular Meeting Packet(972) 924-3325 • fax (972) 924-2620 . CITY OF ANNA AGENDA NOTICE -CITY COUNCIL WORKSHOP/CLOSED SESSION March 24, 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, March 24, 2009, at the Anna City Hall Administration Building, located at 111 North Powell Parkway (HW'y 5), regarding the following items. 1. Call to Order 2. Roll Call and Establishment of Quorum. 3. Discussion regarding Ground Water Districts. 4. Discussion regarding Utility Rates. 5. 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 Govemment 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 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 SecretaIy at 972 924­ 3325 two working days prior to the meeting so that appropriate arrangements can be made. 03-24-09 CC Regular Agenda.doc 1 Posted 03-20-09 Post Office Box 776 • Anna, Texas 75409-0776 d.. Personnel: Discussion regarding Anna EDC Members and Anna CDC Members. (Government Code, Section 551.074). e. Personnel: Discussion regarding annual evaluation of City Attorney. (Government Code, Section 551.074). The council further reserves the right to enter into executive session at anytime throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. 6. Discussion regarding any item on the City Council's March 24. 2009 Regular Meeting Agenda. 7. 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., March 20, 2009. 1. The Council may vote andlor 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 II. disability who want to attend this meeting who may need assistance should contact the City Seeretary at 972924­ 3325 two working days prior to the meeting so that appropriate arrangements can be made. 03-24-09 CC Regular Agenda.doc 2 Posted 03-20-09 (972) 924-3325 • fax (972) 924-2620 CITY OF ANNA AGENDA NOTICE -CITY COUNCil REGULAR MEETING ,;:~-'"' ,...? March 24, 2009 7:30 p.m. -Anna City Hail Administration Building The City Council of the City of Anna will meet in Regular Session at 7:30 p.m., Tuesday, March 24, 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 ofattendance. If you wish to speak on an open-session agenda item please fill out the OpinionlSpeaker 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. Presentation of a Certificate of Appreciation to Boy Scout Troop #26. (Mayor Pelham) 5. Presentation of a Certificate of Appreciation to First Baptist Anna Youth Group. (Mayor Pelham) 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 Minutes of Regular City Council Meeting March 10, 2009. b. Approve a Resolution Supporting a Comprehensive, Coordinated, Interagency Approach to Freeway Incident Management. (Kenny Jenks) c. Approve a resolution accepting the contract with Dickerson Construction Co., Inc. for the City of Anna Slater Creek Sanitary Sewer Main Extension Project as complete. I. 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 priorto the meeting so that appropriate arrangements can be made. 03-24-09 CC Regular Agenda.doc 3 Posted 03-20-09 Post Office Box 776 • Anna, Texas 75409-0776 d. ConsiderlDiscuss/Action approving an agreement between the Anna EDC and Birkhoff, Hendricks, and Conway LLP Engineering Company for engineering design services for the EDC business park. (Jessica Pei'kins) 7. Public Hearing: (1~ For City Council to hear public comment regarding annexation initiated by the City of Anna to annex property currently owned by AnnaLand LTD, Wood Oak Hollow LLC, and commonly known as Oak Ridge. The property contains approximately 753 acres and is generally located adjacent to East Fork Estates and on County Roads 210,285,827 and Farm to Market Highway 455. (Maurice Schwanke) 8. Public Hearing: (1~ For City Council to hear public comment regarding annexation initiated by the City of Anna to annex property currently owned by Daniel James and Birgit O. Cahill. The property contains approximately 14 acres and is generally located adjacent to County Roads 210 and 827. (Maurice Schwanke) 9. (a) Public Hearing To consider public comment on a request by Joe Dell. representative for MGP Acquisitions, to revise the eXisting Planned Development (PO) zoning on a 1.8675 acre tract of land (Westfield, Block B, Lot 1). The property is located south of West White Street and west of Westfield Drive. (Maurice Schwanke) (b) Consider/Discuss/Action regarding an ordinance for a zoning request to revise an existing Planned Development (PO) zoning on a 1.8675 acre tract of land (Westfield Addition, Block B, Lot 1). (Maurice Schwanke) 10. ConsiderlDiscuss/Action regarding approval of the re-plat (Westfield Addition, Block B, Lot 1). (Maurice Schwanke) 11. ConsiderlDiscuss/Action regarding an ordinance on Budget Amendments. (Wayne Cummings) 12. ConsiderlDiscusslAction regarding an ordinance amending the Anna City Code of Ordinances by amending Part II, Article 33, Health and Sanitation, by adding Section 1, Smokin~g. (Philip SanderS) . 13. Consider/DiscusslAction regarding an ordinance amending the Anna City Code of Ordinances by replacing Part U, Article 24 (Flood Oama.ge Prevention) with a new Part II, Article 24 including new Flood Damage Prevention re.gulations. 14. Consider/Discuss/Action regarding appointments/positions of the Anna Economic Development Corporation and the Anna Community Development Corporation. 1. The Council may vote and/or act upon each ofthe items listed in this agenda. 2. The Council reserves the rijht 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 workiI!g days prior to the meeting so that appropriate arrangements can be made. 03-24-09 CC Regular Agenda.doc 4 Posted 03-20-09 15. Consider/Discuss/Action regarding SB 1220 and HB 2684 pending before Texas State Legislature. (CM Green) 16. ConsiderlDiscuss/Action on any items listed on posted agenda for March 24, 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 readiTy accessibre to the public at the Anna City Hall and on the City Hall bulletin board at or before 5:00 p.m., March 20, 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 necessmy 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 Secreta:ry at 972 924­ 3325 two working days prior to the meeting so that appropriate arrangements can be made. 03-24-09 CC Regular Agenda.doc 5 Posted 03-20-09 Item No. b (0...d) City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: March 24, 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 March 10,2009. b. Approve a Resolution Supporting a Comprehensive, Coordinated, Intemgency Approach to Freeway Incident Management. (Kenny Jenks) c. Approve a resolution accepting the contract with Dickerson Construction Co., Inc. for the City ofAnna Slater Creek Sanitary Sewer Main Extension Project as complete. (James Parkman) d. ConsiderlDiscussl Action approving an agreement between the Anna EDC and Birkhoff. Hendricks. and Conway LLP Engineering Company for engineering design services for the EDC business park. (Jessica Perkins) SUMMARY: STAFF RECOMMENDATION~ Make a motion to approve the consent items. ------------------------ ItemNo.~ City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: March 24, 2008 Staff Contact: Philip Sanders Account Code #: Budgeted Amount: _________________ Exhibits: rgJ Yes DNo AGENDA SUBJECT: ConsiderlDiscussiAction adopting a Council resolution supporting a comprehensive, coordinated, interagency approach to freeway incident management. SUMMARY: The Regional Transportation Council (RTC) of the North Central Texas Council of Governments (NCTCOG) is asking all cities with freeways or toll roads within their jurisdiction to adopt a resolution endorsing the interagency approach to freeway incident management. This is an attempt by NCTCOG to get all member jurisdictions to approach the management of freeway incidents in a unifonned manner, ranging from the use of technology to monitor the traffic ways to getting training for first responders who are tasked with the clean up ofan incident scene. STAFF RECOMMENDATION: We recommend that the Council adopt the resolution as requested by NCTCOG and the RTC. ItemNo.~ City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: . March 17, 2009 Staff Contact: Philip Sanders Account Code #:._________ Budgeted Amount:_....::$"-!.7...:.4=0,w..46=5=.0"-"0'--___----:Exhibits: 0 Yes DNo AGENDA SUBJECT: ConsiderlDiscuss/Action accepting the completion of the Slayter Creek Sanitary Sewer Main Extension Project as complete. SUMMARY: On January 14,2009, Dickerson Construction Co., Inc. completed the last phase of the Slayter Creek Sanitary Sewer Main Extension Project. The engineering company of Morris Engineers has submitted the following: Contractor's Certification and Guarantee; Consent of Surety to Final Payment, and Engineer's Certificate of Project Completion. STAFF RECOMMENDATION: We recommend that the Council approve the completion contract with Dickerson Construction Company., Inc. Item No . .k.cL City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: March 24, 2009 Staff Contact: Jessica Perkins Account Code #: __------­ Budgeted Amount:. ___________ Exhibits: X Yes No r, AGENDA SUBJECT: /fA Consent Items: d. ConsiderlDiscussl Action approving an agreement between the Anna EDC and Birkhoff, Hendricks, and Conway LLP Engineering Company for engineering design services for the EDC business park. (Jessica Perkins) SUMMARY: The Anna EDC owns approximately 48 acres on the east side of hwy 5 that the EDC would like to develop into a business park. The agreement with Birkhoff, Hendricks, and Conway LLP is for the conceptual design of the business park so that the EDC . is able to market the property to potential businesses and to apply for a grant through the Texas Capital Fund. The grant would allow for funds to develop the infrastructure necessary for the businesses in the park. STAFF RECOMMENDATION: We recommend that the Council approve the agreement between the Anna EDC and Birkhoff, Hendricks, and Conway LLP Engineering Company. ItemNo.~ City Secretaty's use only City of Anna Staff Agenda Report Council Meeting: 03/24/09 Staff Contact: Maurice Schwanke Prepared by: T. Ross Account Code #:_---"N'-'-'/~A=_______ Date Prepared: ___O=3;.:...11=8'"'-/O=.:;9'---_ Budgeted Amount:....::<$'----=N=I=A"--_____ Exhibits: .Yes DNo AGENDA SUBJECT: Public Hearing: (1 st) This is the first of two public hearings for the City Council to hear public comment regarding annexation initiated by the City of Anna to annex property currently owned by AnnaLand LTD, Wood Oak Hollow LLC, and commonly known as Oak Ridge. The property contains approximately 753 acres and is generally located adjacent to East Fork Estates and on County Roads 210, 285, 827 and Farm to Market Highway 455. SUMMARY: Proper annexation of areas adjacent to cities is often crucial to establishing and maintaining urban order and effective government. This is the position that Anna fmds . itself in with the land holdings of Annaland LTD and Wood Oak Hollow LLC. The property being proposed by this annexation is on the cities fringe and is within Anna's extra territorial Jurisdiction. Prior to the establishment of land uses and detailed planning the property needs to be annexed and zoned appropriately for the area. PLANNING AND ZONING ACTION: The Planning and Zoning Commission at their regular meeting, March 3, 2009, recommended approval ofthe annexation. The vote was unanimous. RECOMMENDED ACTION: Hold Public Hearing ItemNo.~ city Secretary's use only City of Anna Staff Agenda Report Council Meeting: 03/24/09 Staff Contact: Maurice Schwanke Prepared by: T. Ross Account Code #:_--"N..:.:,/..:.oA"'--______ Date Prepared:___0=3;.;.../l=-=:8:;.:../0=9_'__ Budgeted Amount:..;:s$;........;::N..:.:,/.::..:A=--_____ Exhibits: .Yes ONo AGENDA SUBJECT: Public Hearing: (1 st) This is the first of two public hearings for the City Council to hear public comment regarding annexation initiated by the City of Anna to annex property currently owned by Daniel James and Birgit O. Cahill. The property contains approximately 14 acres and is generally located adjacent to County Roads 210 and 827. SUMMARY: The annexation of this property coincides with the Annaland LTD's annexation to ensure that any lack of 1000 feet minimum in annexation width is fulfilled. The property being proposed by this annexation is on the cities fringe and is within Anna's extra territorial Jurisdiction. Prior to the, establishment of land uses and detailed planning the property needs to be annexed and zoned appropriately for the area. PLANNING AND ZONING ACTION: The Planning and Zoning Commission at their regular meeting, March 3, 2009, recommended approval of the annexation. The vote was unanimous. RECOMMENDED ACTION: Hold Public Hearing Item No·lli+b) City Secretary's use only City of Anna Staff Agenda Report Council Meeting: 03/24/09 Staff Contact: Maurice Schwanke Prepared by: T. Ross Account Code #:_--",N...!!/~A,,--_____ Date Prepared: __.....0=3:.:...;11=8:.:...;/0=9'--_ Budgeted Amount: . ...:!$~N...!!/"'-'A"---_____ Exhibits: .Ves ONo AGENDA SUBJECT: (a) Public Hearing To consider public comment on a request by Joe Dell, representative for MGP Acquisitions, to revise the existing Planned Development (PD) zoning on a 1.8675 acre tract of land (Westfield, Block B, Lot 1). The property is located south of West White Street and west of Westfield Drive. (b) ConsiderlDiscussi Action regarding an ordinance for a zoning request to revise an existing Planned Development (PD) zoning on a 1.8675 acre tract of land (Westfield Addition, Block B, Lot 1). SUMMARY: Property is currently zoned as Planned Development with Restricted Commercial C-l. The property is located south of West White Street and west of Westfield Drive. This project has been divided into 2 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 for aesthetic purposes. If this ''PD'' zoning revision is approved it will allow the interior side yard setback be change from five feet to zero feet and allow the owners to sell the 2 center buildings separately. The staff is in support of this request. From a building code perspective this is an acceptable building configuration according to Bureau Veritas (The City Plan Reviewers). PLANNING AND ZONING ACTION: A public hearing was held at the regular meeting of the Planning and Zoning Commission, March 3,2009. The Planning and Zoning Commission at their regular meeting, March 3, 2009, recommended approval ofthe zoning request. The vote was unanimous. RECOMMENDED ACTION: Approval Item No. 10 City Secretary's use only City of Anna Staff Agenda Report Council Meeting: 03/24/09 Staff Contact: Maurice Schwanke Prepared by: T. Ross Account Code #:_._ .....N'-'.!/=A==--_____ Date Prepared: __--'0=3'-'-'11:..;:8:.:..;/0=9__ Budgeted Amount;.,.,.$~NI=A~_____.... DNo AGENDA SUBJECT: ConsiderlDiscuss/Action regarding approval ofthe re-plat (Westfield Addition., Block B, Lot 1). SUMMARY: The Westfield Addition commercial occupies the land south of West White Street and west of Westfield Drive. TIris project bas been divided into 2 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. A "PD" zoning has been submitted to specifically allow the interior side yard setback be change from five feet to zero feet so that the owners can sell the 2 center buildings separately on lots established by this platting configuration. PLANNING AND ZONING ACTION: The Planning and Zoning Commission at their regular meeting, March 3, 2009, recommended approval of the re-plat. The vote was unanimous. RECOMMENDED ACTION: Approval Item No. City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: March 24, 2009 Staff Contact: Wayne E. Cummings Account Code Budgeted Amount: _________ Exhibits: 0 Yes ONo AGENDA SUBJECT: Budget Amendment SUMMARY: The attached budget amendment reflects changes in the Capital Projects Fund and the Water & Sewer funds. In the Capital Project fund $907,000.00 in revenues that were shown in last year's budget for the Slayter Creek Park are now carried over into this year's budget since they were not received before the year end. Expenses totaling $861,806.59 are added to the capital budget for Slayter Park to complete the work on the park. The new Parks Grant from Collin County for $400,000.00 revenues and expenses for Natural Springs Park Trail are added. Funds carried over in the 2007 CO from the prior year are budgeted to spend up to $175,000.00 for projects approved as projects in the bond issue. The 2009 CO Bond proceeds of $860,350.00 and expenses to purchase the Independent Bank Building for $350,000.00 and refurbish the building for an additional $160,350.00 and $350,000.00 to construct the Public Works Building located at the North We1VTower Site are added to the budget. There was a typographic error on the Sewer Fund Electric Cost originally showing as $130.00 that should have been $130,000.00 and this has been corrected in the amendment. All items will be funded with current expected revenues or balances of funds for projects. STAFF RECOMMENDATION: Approve the amendment. ItemNo.~ City SecretaIy's use only City of Anna City Council Agenda Staff Report Council Meeting: March 24. 2009 Staff Contact: Philip Sanders Account Code #: _________ Budgeted Amount: _________ Exhibits: DYes DNo AGENDA SUBJECT: ConsiderlDiscusslAction on an Ordinance establishing regulations on smoking. SUMMARY: Based on the discussion that occurred during the March 10 Council Meeting, Staff has revised the ordinance regulating smoking. This revised version prohibits smoking on public property, certain medical facilities, transportation facilities, and common/recreational areas where the public has a reasonable expectation to not be exposed to tobacco smoke. Except for those locations specifically mentioned, this revised ordinance does not include a general ban on smoking in places of employment. . The Council conducted public hearings 'On January 27, 2009, February 10, 2009 and February 24, 2009 at which the public was invited to express their views on proposed . smoking regulations. STAFF RECOMMENDATION: Staff recommends approval of the revised Ordinance. Item No. .l3­ City Secretary's use only City of Anna Staff Agenda Report Council Meeting: 03/24/09 Staff Contact: Maurice Schwanke Prepared by: Maurice Schwanke Account Code #:._----!N~/~A::..______ Date Prepared:__.....:0=3~/l=8"-'/0=9'--_ Budgeted Amount:--"'$:......=N..!!./.:..lA~_____ DNo AGENDA SUBJECT: ConsiderlDiscuss! Action regarding a Floodplain Management Ordinance. SUMMARY: New floodplain maps as well as regulations have been developed by the Federal Emergency Management Agency (FEMA). The maps will have an effective date ofJune 2,2009. Attached is the ordinance that reflects the new information with several local changes. The significant change is that the new ordinance will establish the building finished flood elevation to be one foot above the flood elevation. The previous ordinance was at the flood elevation or above. PLANNING AND ZONING ACTION: NA RECOMMENDED ACTION: Approval of Ordinance Item No.B­ City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: March 24, 2009 Staff Contact: Philip Sanders Account Code #: _________ Budgeted Amount: _________ Exhibits: 0 Yes DNo AGENDA SUBJECT: ConsiderlDiscuss! Action regarding appointments/positions of the Anna Economic Development Corporation and the Anna Community Development Corporation. (City Council) SUMMARY: Currently on EDC: Term Ends: Currently on CDC: Term Ends: Rob Simmons June 2009 Andrew Werely June 2009 Mike Crist June 2010 Darren Driskell June 2010 Richard Pennington June 2009 Duane Hayes June 2009 Lonnie Friesen June 2010 Connie Stump June 2010 Gene Bowles June 2009 Sherilyn Godfrey June 2010 Bill Olsen June 2009 These are the current members of the Anna EDC and CDC. Dr. Charles Vance was the 5th member of the EDC and he has just recently resigned from the board. As with council terms are staggered so the members with 2009 by their names would be up for reappointment in June of this year after the May election and we get new council members on board. STAFF RECOMMENDATION: ItemNo.~ City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: March 24, 2009 Staff Contact: Philip Sanders Account Code Budgeted Amount: _________ Exhibits: D Yes DNo AGENDA SUBJECT: ConsiderlDiscussl Action Regarding SB 1220 and HB 2684 pending before Texas State Legislature. SUMMARY: Representative Ken Paxton, who represents parts of Collin County, and Senator Florence Shapiro, who represents parts of Collin and Dallas County, have filed bills that would change the law as relates. to locations in which a holder or mixed beverage permit can purchase distilled spirits and wine. The current law requires such purchases to be made in the same county if there· is a local distributor located in the county. The proposed bill (subject to certain population requirements) would allow such purchases to be made in the nearest county where a local distributer is located. If this bill is approved and signed by the Governor, the mixed beverage permit holders located in Collin County will be able to purchase distilled spirits and wine from any local distributer in an adjacent county whereas now (under the current law) they must make those purchases in Anna. Although it is reasonable to assume that there will be a fiscal impact on the City of Anna as a result of this bill, we do not know what that impact will be. Purchases made by the holder of a mixed beverage permit are not subject to local sales tax. However, we do not know what impact the loss of business to our local distributers will have on their business. If any of our distributors were forced out of business as a result of this bill, the City would lose the sales tax that is generated from the retail sales at that location. STAFF RECOMMENDATION: Action by the City Council would be required in order for the City to take formal position on this bilL