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HomeMy WebLinkAbout2009-06-09 Workshop & Regular Meeting Packet(972) 924-3325 • fax (972) 924-2620 CITY OF ANNA AGENDA NOTICE -CITY COUNCIL WORKSHOP June 9, 2009 6:30 p.m. -Anna City Hall Administration Building The City Council of the City of Anna will meet in Workshop Session at 6:30 p.m., June 9, 2009, at the Anna City Hall Administration Building, located at 111 North Powell Parkway (Hwy 5), regarding the following items. 1. Call to Order 2. Roll Call and Establishment of Quorum. 3. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to: 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. 4. Discussion regarding Slayter Creek wastewater treatment facility and land. 1. The Cooocil may vote andfor act upon each ofthe items listed in dlis agenda. 2. The CoIDlci1 reserves tbe right to retire into executive session concerning any ofthe items listed on dlis agenda,. whenever it is considered necessary and lega11y justified under tbe Open Meeting Act. 3. Persons witb a disability who want to attend dlis 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. 06-09-09 CC Regular Agenda.doc Posted 06-05-09 Post Office Box 776 • Anna, Texas 75409-0776 5. Discussion of City participation in AlSO construction projects. 6. Discussion regarding any item on the City Council's June 9, 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., June 5, 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 Secretary at 972 924· 332S two working days prior to the meeting so that approprime arrangements can be made. 06-09-09 CC Regular Agenda.doc 2 Posted 06-05-09 (972) 924-3325 • fax (972) 924-2620 CITY OF ANNA AGENDA NOTICE -CITY COUNCIL REGULAR MEETING June 9, 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., June 9, 2009, at the Anna City Hall Administration Building, located at 111 North Powell Parkway (Hwy 5)," to consider the following items. Welcome to the City Council Meeting. Please sign the Sign-In-Sheet as a record of attendance. If you wish to speak on an open-session agenda item please fill out the Opinion/Speaker Registration Form and .tum it in to the City Secretary before the meeting starts. 1. Call to Order. 2. Invocation and Pledge of Allegiance. 3. Citizen comments. Citizens are 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. Consent Items. These items consist of non-controversial or "housekeeping" items required by law. Items may be considered individually by any Council member making such request prior to a motion and vote on the Consent Items. a. Approve City Council Regular minutes for May 26, 2009. h. Review of Planning and Zoning Minutes for May 5, 2009. 5. ConsiderlDiscuss/Action regarding an ordinance ordering and calling for a Special Election to fill City Council Place 4 vacancy. (Clark McCoy) 6. Consider/DiscusS/Action regarding an ordinance amending the Anna City Code of Ordinances for Temporary Promotional Signs and provide for a fee schedule. (Philip Sanders) 7. Consider/Discuss/Action regarding adopting an ordinance amending the Anna City Code of ordinances by establishing Rental Dwelling Regulations. (Philip Sanders) 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. PeISOIlS with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924· 3325 two worldng days prior to the meeting so that appropriate arrangements can be made. 06-09-09 CC Regular Agenda.doc 3 Posted 06-05-09 Post Office Box 776 • Anna, Texas 75409-0776 8. Consider/Discuss/Action regarding the review of applications for Boards and Commissions (Philip Sanders) 9. Discussion regarding an ordinance amending the Anna City Code of Ordinances, Part II, Article IV Animals. (Philip Sanders) 10. Consider/Discuss/Action regarding an Anna Economic Development Corporation Lease Agreement with Derek Petit. (Philip Sanders) 11. Consider/Discuss/Action regarding a cell phone for Mayor. (Philip Sanders) 12. Future Agenda Consideration: Consider/DiscusS/Action regarding placing the following items on a future City Council agenda. a. Ordinance authorizing the sale of alcohol for on-premises consumption until 2:00 a.m. (Council Member Anderson) 13. Consider/Discuss/Action on any items listed on posted agenda for June 9, 2009 City of Anna Workshop Session and occurring during this Regular Meeting, as . necessary. 14. Adjourn. This is to certify that I, Natha Wilkison, City Secretary, posted this agenda at a place readily aCc:essible to the public at the Anna City Hall and on the City Hall bulletin board at or before 5:00 p.m., June 5, 2009. 1. The Council may vote andlor act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any ofthe items listed on this agenda, whenever it is considered necessary and legally justified tmder 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. 06-09-09 CC Regular Agenda.doc 4 Posted 06-05-09 ItemNo.~ City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: June 9, 2009 Staff Contact: Clark McCoy Account Code #:-----------------­Budgeted Amount: _________ Exhibits: 0 Yes DNo AGENDA SUBJECT: ConsiderlDiscuss/Action regarding an ordinance ordering and calling for a Special Election to fill City Council Place 4 vacancy. SUMMARY: Under the Texas Constitution and City of Anna, Texas Home-Rule Charter a vacancy on the Council must be ordered and filled within 120 days of the date of the vacancy by special election. Place 4 became vacant when Mayor Driskell was sworn in on May 18, 2009. The attached ordinance accomplishes the ordering of the election for Monday, September 14, 2009 and sets forth the early voting dates, filing deadlines, notice deadlines and other items required under the Texas Election Code. Every reasonable attempt was made to have the election in August, but due to the County's staff scheduling issues, the only option was for a September election. STAFF RECOMMENDATION: Staff recommends approval ofthis ordinance. ItemNo.~ City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: June 9, 2009 Staff Contact: Philip Sanders Account Code #:__________ Budgeted Amount: _________ Exhibits: 0 Yes ONo AGENDA SUBJECT: ConsiderlDiscussl Action regarding amending the sign ordinance and fee schedule for certain temporary promotional signs. SUMMARY: On May 12, 2009 the City Council approved an ordinance that allows a permit to be issued to a local non-profit or civic organization to erect up to four signs not exceeding 32 square feet (4'x8') and up to 20 signs not exceeding 3 square feet (l8"x24") in order to advertise a special event being sponsored by the organization. The Ordinance allows these signs to be erected only non-residential areas throughout the City and within HOA common areas. Three Council members have requested that the full Council consider a revised ordinance that would allow these types of signs to be placed in all areas of the city including residential neighborhoods. STAFF RECOMMENDATION: Staff supports the language in the existing ordinance and is not recommending approval of this revised ordinance. ItemNo.~ City Secretary's use only Y{OUB} HOMETOWN City of Anna City Council Agenda Staff Report Council Meeting: June 9, 2009 Staff Contact: Philip Sanders Account Code #: __________ Budgeted Amount: _________ Exhibits: DYes DNo AGENDA SUBJECT: ConsiderlDiscuss! Action regarding adopting an ordinance amending the Anna City Code of ordinances by establishing Rental Dwelling Regulations. SUMMARY As our neighborhoods age, we will begin to see an inevitable increase in the number of homes that are renter rather than owner occupied. Owner occupied homes, by virtue of the financial investment that the occupant has in the property, tend to be maintained more consistently and conscientiously than renter occupied homes. We do not mean to imply that renters necessarily abuse property. Property maintenance in large measure depends on the interest and attention of the landlord. A landlord that is not vested in our community may not exercise the level of care necessary to prevent the property from becoming a blight within an otherwise healthy community. A property owner that is held accountable through regular inspections will be more likely to ensure that the property is properly maintained. A robust inspection program instituted now while our neighborhoods are relatively new will help curb neighborhood decline. The attached ordinance and program we are proposing would require owners of rental property within the City of Anna to register each residential rental unit with the City and apply for an annual license to use the properties for rental purposes by December 31, 2009. To ensure that the properties are being properly maintained, each rental unit would be inspected annually as a prerequisite for renewing the annual license. Properties that are not properly maintained would not qualify for a license renewal. The City could also revoke a license for failure to correct serious deficiencies in the timely manner. The annual inspections would be performed by Bureau Veritas the same company currently provides building inspections services for the City. In order to cover the cost of the inspections and the administration of this program, the annual license fee would be $100 per unit for single family and duplex dwellings, and $50 per unit for apartment complexes. STAFF RECOMMENDATION: Staff recommends approval of this ordinance. ItemNo.L City Secretary's use only City of Anna City Council Agenda Staff Report .Council Meeting: June 9. 2009 Staff Contact: Philip Sanders Account Code #:__________ Budgeted Amount: ____----­Exhibits: DYes DNo AGENDA SUBJECT: ConsiderlDiscussl Action regarding the review of applications for Boards and Commissions SUMMARY: The City is currently receIVIng applications from citizens who are interested in serving on one of the City's boards and commissions. Because the terms for most boards expire at the end of June, the City Council will be approving appointments and re-appoints to these committees during the June 23 meeting. Last year the Council appointed a subcommittee of three Council Members to review all the applications and make recommendations to the full Council. I have found that this is an efficient way of reviewing and filling appointments to City boards. If the Council would like to do something similar this year, they will need to approve a motion naming the members of a Boards and Commissions Subcommittee. ItemNo.-9­ City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: June 9, 2009 Staff Contact: Philip Sanders Account Code Budgeted Amount: ___------Exhibits: D Yes DNo AGENDA SUBJECT: Discussion regarding an ordinance amending the Anna City Code of Ordinances regarding the keeping ofLivestock and Domestic Fowl. SUMMARY A couple of months ago we discussed with the Council some possible changes to the City's animal control regulations regarding the keeping livestock and domestic fowl such as chicken, ducks, etc. within the city limits. Based on that discussion, we have drafted an ordinance that would provide for the following: • The keeping of livestock and domestic fowl would only be pennitted in the Agricultural, Single Family Estate, and Planned Development zoning districts where the keeping of such animals is specifically pennitted. • Livestock and domestic fowl could only be kept on a lot that is at least two acres in size. • There would be limits on the number of livestock or domestic fowl that could be kept, depending on the size of the lot. A copy of the proposed ordinance is attached. ItemNo.~ City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: June 9, 2009 Staff Contact: Philip Sanders Account Code Budgeted Amount: ___________ Exhibits: )( Yes 0 No AGENDA SUBJECT: ConsiderlDiscuss/Action regarding approving a ground lease agreement between the Anna Economic Development Corporation and Derek Petit for the business Laser Squad Anna SUMMARY: The City of Anna and the EDC were approached by Derek Petit two months ago regarding his interest in establishing an outdoor laser tag park in Anna. Mr. Petit manufactures the guns called "taggers" that are used for this type of recreation and is interested in operating a laser tag business in north Texas. He has several clients (some governmental) across the world that use his laser tag equipment for recreation and training. In Anna, he is proposing an entertainment park that would host everything from birthday parties to team building for professional and corporate clients. The lease is for 1 0 acres of heavily wood property located on the southeast side of the 48 acres track the EDe owns located between the East side ofS.H. 5 and the west side of County Road 427. The lease agreement is for 1 year and is renewable at the option of both parties. Mr. Petit will use temporary facilities for the ftrst year. If Mr. Petit and the EDC agree to extend the lease beyond the initial 12 months, he will need to submit a site plan and have permanent facilities in place by month 18. STAFF RECOMMENDATION: Staff recommends that the Council approve the agreement. Item No. J.l- City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: June 9. 2009 Staff Contact: Philip Sanders Account Code Budgeted Amount:_________ Exhibits: 0 Yes ONo AGENDA SUBJECT: ConsiderlDiscuss/Action regarding a cell phone for Mayor SUMMARY: The City has historically provided a City phone to be used by the Mayor in communicating with City Staff and for other official duties. The cost of the current plan is $59.99 per month. Mayor Driskell and I have discussed some alternatives to the current plan that would not require the mayor to carry and maintain two separate phone numbers and devices. These changes could involve a different phone device and service plan. Any changes made to the plan would need to be consistent with the City's Charter which allows members of the City Council to be reimbursed for actual expenses incurred in the performance of official duties with the approval of the City Council at a public meeting. ItemNo.1k City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: June 9, 2009 Staff Contact: Philip Sanders Account Code #:._________ Budgeted Amount:, _________ Exhibits: D Yes DNo AGENDA SUBJECT: Future Agenda Consideration: Ordinance authorizing the sale of alcohol for on-premises consumption until 2:00 a.m. SUMMARY: The hours of operation for the both the package-store retail and on­ premises consumption sale of alcohol is regulated by the Texas Alcoholic Beverage Commission (TABC). For on-premises consumption, sales hours are generally limited to 7:00 a.m. to midnight on any day except Sunday. There are separate rules for the sale of alcohol on Sunday. In order to extend until 2:00 a.m. the sale of alcohol for on-premises consumption the City must approve an Ordinance that states that the City of Anna will allow extended hours for on-premises consumption. If the ordinance is passed, we will need to send a copy to the Dallas TABC office. A business that would like to take advantage of the ordinance must make application to the TABC for an extended hours permit. Any decision to extend the hours during which alcohol may be sold for on-premises consumption should be made with an understanding of how such a decision might affect the operations of the City. The sale of alcohol for on-premises consumption becomes a matter of public policy to the extent that consumption has an impact on the responsibility of the City to protect the life and property of its citizens. Experience has shown that extending the hours during which a business may sell alcohol to customers will result in activities and incidents that require an increased response from our Police Department. We currently have one police officer available after midnight to respond to calls for service. Staffing levels provide one patrol officer during the day, one at night, and, depending on available staff, one officer who overlaps the day and night shifts from noon to midnight. A patrol supervisor is also available until midnight five (5) days a week. Aside from our need to increase the number of police officers to support our current population, approval of this ordinance will ultimately result in the need for an additional police presence after midnight. The growth in the number of bars, and the manner in which bars are managed are both factors that will affect the timing of that need. The City Council considered but did not approve a similar ordinance in December of 2007.