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HomeMy WebLinkAbout2009-06-23 Workshop & Regular Meeting Packet(972) 924-3325 • fax (972) 924-2620 CITY OF ANNA AGENDA NOTICE -CITY COUNCIL WORKSHOP June 23, 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 23, 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 brand implementation. 4. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to: a. consult with legal counsel regarding pending or contemplated litigation (Tex. Gov't Code §551.071); . 1. SHG Land Investments of Anna Five, Ltd. V Lennar Homes of Texas Land & Construction Ltdl. Et at.; Cause No. 366-00970­ 2008, in 366t1l District Court of Collin County, Texas. 2. In re Wood-Oak Hollow, LLC -contested case hearing; TCEQ Docket No. 2008-1700-MWD; SOAH Docket No. 582-09-3517; proposed permit numberWQ0014878001. b. discuss or deliberate the purchase, eXChange, lease, or value of real property (Tex. Gov't Code §551.072); c. 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); 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 Secretary at 972 924­ 3325 two working days prior to the meeting so that appropriate arrangements can be made. 06-23-09 CC Regular Agenda.doc Posted 06-19-09 Post Office Box 776 • Anna, Texas 75409-0776 d. Discuss or deliberate Economic Development N~gotiations: (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'tCode §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. 5. 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 19, 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 assistance should contact the City Secretary at 972 924­ 3325 two working days prior to the meeting so that appropriate arrangements can be made. 06-23-09 CC Regular Agenda.doc 2 Posted 06-19-09 (972) 924-3325 • fax (972) 924-2620 CITY OF ANNA AGENDA NOTICE -CITY COUNCIL REGULAR MEETING . June 23, 2009 7:30 p.m. -Anna City Hall Administration Building The City C(:)ui'lcilof the City of Anna will meet in Regular Session at 7:30 p.m., June 23, .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. /fyou wish to· speak 01) an open-session agenda item please fill out the Opinion/Speaker Registration Form and tum it in to the City Secretary before the meeting statts. 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. Consent Items. These items consist of non-controversial or tlhousekeeping" 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 Special minutes for May 29,2009. b. Approve City Council Regular minutes for June 9, 2009. c. Approve Interlocal Agreement for Child Abuse Investigation Services, Law Enforcement Services. d. Approve Interlocal Agreement for Jail Services. 5. (a) Public Hearing: For City Council to hear public comments on proposed amendments to the Code of Ordinance by amending Part III C, of the Anna Code, the Comprehensive Zoning Ordinance rZoning Ordinance") amending Appendix 2 (use tables) and L The Council may vote anellor 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 prior to the meeting so that appropriate arrangements can be made. 06-23-09 CC Regular Agenda.doc 3 Posted 06-19-09 Post Office Box 776 • Anna, Texas 75409-0776 section 22.02 regarding building size allowed in the Restricted Commercial (C1) district. (Maurice Schwanke) (b).ConsiderlDiscuss/Action regarding an ordinance amending the Code of Ordinance, Part III C, of the Anna Code, The Comprehensive Zoning Ordinance amending Appendix 2 (use tables) and section 22.02 regarding building size allowed in the Restricted Commercial (C1) district. (Maurice Schwanke) 6. ConsiderlDiscuss/Action regarding an ordinance relating to sizes of water and sewer taps and associated fees. (Ma u rice Schwanke) 7. Consider/Discuss/Action regarding a Resolution authorizing participation in the Collin County Park and Open Space Grant Program. (Maurice Schwanke) 8. Consider/Discuss/Action regarding approval of a Pre-Development and Professional Services Agreement between the City and Viola Lordsmeer, L.P., relating to Mantua development. 9. Consider/Discus~/Action regarding an ordinance amending the Anna City Code of Ordinances, Part II, Article IV Animals. (Philip Sanders) 10. Consider/Discuss/Action regarding approving an economic development agreement between the Anna Economic Development Corporation and Flywheel Investments, LLC. (Philip Sanders) 11. Consider/Discuss/Action regarding an ordinance authorizing the sale of alcohol for on-premises consumption until 2:00 a.m. (Philip Sanders) 12. Consider/DiscusS/Action regarding a resolution authorizing the purchase of a cell phone for the Mayor. (City Council) 13. Consider/Discuss/Action regarding appointments/reappointments of members to serve on City Boards and Commission: a. Planning and Zoning Commission b. Park Board c. Economic Development Corporation d. Community Development Corporation e. Technology Advisory Commission f. Board of Adjustment 14. Discussion regarding workshop date with the City's Boards and Commissions. (City Council) 15. Discussion regarding Fireworks Regulations. (Chief Jenks) 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 Secretary at 972 924· 3325 two working days prior to the meeting so that appropriate arrangements can be made. 06-23-09 CC Regular Agenda.doc 4 Posted 06-19-09 16. Consider/Discuss/Action on any items listed on posted agenda for June 23. 2009 City of Anna Workshop Session and 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 .• June 19. 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 assistance should contact the City Secretary at 972 924­ 3325 two working days prior to the meeting so that appropriate arrangements can be made. 06-23-09 CC Regular Agenda.doc 5 Posted 06-19-09 Item No.4 (g-cl) City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: June 23, 2009 Staff Contact: Philip Sanders Account Code #:_~_______ Budgeted Amount:,_________ Exhibits: 0 Yes ONo AGENDA SUBJECT: Consent Items. These items cOn$ist 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. ApproveCity Council Special minutes for May 29,2009. b. Approve City Council Regular minutes for June 9, 2009. c. Approve Interlocal Agreement for Child Abuse Investigation Services, Law Enforcement Services. d. Approve Interlocal Agreement for Jail Services. SUMMARY: STAFF RECOMMENDATION: To approve the consent items. Item No. !:lJL City Secretary's use only City of Anna City Council Agenda Staff Report. - Council Meeting: June 23, 2009 Staff Contact: Chief Jenks Account Code #:____________ Budgeted Amount: ___________ Exhibits: 00 Yes ONo AGENDA ..aJBJECT: Approve Interlocal Agreement for Child Abuse Investigation Services, Law Enforcement Services. SUMMARY: The Anna Police Department has a contractual relationship for Child Abuse Investigation Services with Collin County Sheriff's Office Child Advocacy Center Investigators. . This is a specialized area of investigation and is the recommended approach to investigations into all types of child abuse in Anna. The fee for these services will continue to be $5,630.77, as was the case last year. STAFF RECOMMENDATION: We recommend approval ofthe agreement. ltemNo.~ City Secretary's use only City of Anna City Council Agenda Staff Report Counci~eeting: June 23, 2009 StaffC~ct: Chief Jenks-...... Account Code #: ____________ Budgeted Amount. ____________ Exhibits: ~Yes ONo AGENDA SUBJECT: Approve Interlocal Agreement for Jail Services. SUMMARY: The Anna Police Department has a contractual relationship for Jail Services with the Collin County Sheriff's Office. -- .. Your @PProval of this agreement will extend those services until Septem~r 30, 2010. --rhe'current fee for Class C prisoners is $76 per day. There are no fees associatM"With Class B Misdemeanor offenses and above. STAFF RECOMMENDATION: We recommend approval of the agreement. Item No. i:U.+ b) City Secretary's use only City of Anna Staff Agenda Report Council Meeting: 06/23/09 Staff Contact: Maurice Schwanke Prepared by: T. Ross Account Code #:._~N~/:...;A~_____ Date Prepared: __----lo=6"-'/1~71..:;/0=9__ Budgeted Amount:..::o$:....,,--"N..:!./::..!A:....-_____ DNo AGENDA SUBJECT: (a) Public Hearing , For . City Council to hear public comments on proposed amendments to the Code of Ordinance by amending Part III C, of the Anna Code, the Comprehensive Zoning Ordinance ("Zoning Ordinance") amending Appendix 2 (use tables) and Section 22.02 regarding building size allowed in the Restricted Commercial (Cl) district. (b) ConsiderlDiscuss/Action regarding an ordinance amending the Code of Ordinance, Part III C, of ,the Anna Code, the Comprehensive Zoning Ordinance amending Appendix 2 (use tables) and section 22.02 regarding building size allowed in the Restricted Commercial (Cl) district. SUMMARY: Over the course of time most applications for commercial zoning have come in the form of "PD's" instead of straight zoning because many times the Planning and Zoning Commission and the City Council have wanted to approve "Cl" with additional uses being added or "C2" with uses being deleted which required the zoning to be put into a "PD". Additionally, in the "Cl" district there is a 5,000 square foot maximum on the building size. This in many cases causes a hardship, especially on larger tracts or strip centers in the staff opinion. Additionally, the use charts are being recommended to change how churches are being treated. Most of the time churches are allowed to go in any residential district. This proposed ordinance makes that change. The trend has also been to allow Rest home/nursing home into or adjacent to residential areas due to there low impact on neighborhoods (extremely low traffic volumes) and that many people want to live near their parents. As such this use is also being added to the residential classification. PLANNING AND ZONING ACTION: The Planning and Zoning Commission recommended approval of the proposed ordinance revision at their regular meeting, June 2, 2009. The vote was unanimous. RECOMMENDED ACTION: Approval of ordinance ItemNo.~ City Secretary's use only City of Anna Staff Agenda Report Council Meeting: 06/23/09 Staff Contact: Maurice Schwanke Prepared by: T. Ross Account Code #:_---=-N..!!.A~_____ Date Prepared: __-'0=6::...:11~7.!_!/0=9__ Budgeted Amount:,...,.$'--"'N....!!./.....A'---_____ Exhibits: .Yes ~o . AGENDA StiBJECT: ConsiderlDiscuss/ Action regarding an ordinance amending The Anna City Code of }~.. Ordinance by amending Part II, Article 49, Sections 7.03 and 7.07; amending Part IV, ....... Schedule of Fees, Article VII, Sections 3 and 4 relating to Utility TapFees. SUMMARY: Historically Anna has not used 1 Y2 water meters. . Meters used jumped from 1" to 2" in size. The amount of water that can go through a 2" line compared to a 1" line is slightly over 4 times. Therefore this ordinance proposed the mechanism to allow for the 1 W' size and establishes the appropriate value for the water meter deposit fee. Additionally, when the Code was developed the values for water tap fees were inadvertently omitted. The values have been included in this ordinance PLANNING AND ZONING ACTION: NA RECOMMENDED ACTION: Approval of ordinance ItemNo.~ City Secretary's use only City of Anna Staff Agenda Report Council Meeting: 06/23/09 ...... Account Code #:._--=N:..::/......A=--_____ ---.,.,.._. . ' .. ·.,:~.·.,:.:.c: -Budgeted Amount:...:!$'--'N'-"/;..:..A=--_____ .AGENDA SUBJECT: Staff Contact: Maurice Schwanke Prepared by: T. Ross Date Prepared: ___0=6~11=-::7-,-,/0=9__ Exhibits: .Yes DNo . ConsiderlDiscussi Action regarding a Resolution Authorizing participation in the Collin Coun~Pe:rk and Open.Space Grant Program .. Application is for ~atching park funds for' PhaS of Natural Spnngs Park. The resolution also allows the CIty Managerto·Adon Behalf of the City in regard to the application. SUMMARY: Phase IT of the Natural Springs Park would include additional trail sections from the existing trail to the future activity building and then to West White Street. This segment of the trail would also loop back to the trail west of the Creek. Another section of Trail would link the trail to Rattan Elementary Via a new bridge. Additionally, the application would include the removal of interior non-load bearing structures in the existing barn type building and the placement of a concrete floor within the structure. 1bis will enable the structure to be used as a picnic/meeting facility. The application deadline for the Collin County Park Program is July 7th• This grant is a 50/50 grant. We are anticipating that the City share of the funding will be through local in kind labor, value of land recently obtained by the CDC and labor. $400,000. PLANNING AND ZONING ACTION: NA RECOMMENDED ACTION: Approval The preliminary budget for this project is ------------------ ItemNo.~ City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: June 23, 2009 Staff Contact: Philip Sanders Account Code #: Budgeted Amount: _______~_____ ...,......Exhibits: )( Yes 0 No AGENDA SUBJECT: ConsiderlDiscuss/A~on regarding approval of a Pre­ Development and Professional Services Agreement between the City and Viola Lordsmeer, L.P., relating to Mantua development. SUMMARY: Several of the larger development projects we negotiate include requests by the developer for the City to consider granting various entitlement and economic ... deo*lopment incentives. The review of these types of agreements often requires the involvement .of attorneys, engineers, and financial consultants representing the City's . .. interests in the project. In order to off-set the cost of these additional consulting services, the· developer is required to sign a Pre-development and Professional Services Agreement whereby they agree to pay for the cost of these services. The attached Pre-Development and Professional Services Agreement has been signed by the owner of the proposed Mantua development to cover costs related to our continuing negotiations regarding this project. STAFF RECOMMENDATION: Staff recommends approval of this agreement. ItemNo.!i­ City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: June 23, 2009 Staff Contact: Philip Sanders Account Code #:----------------­Budget~d Amount:____________ Exhibits: 0 Yes DNo AGENDA SUBJECT: ConsiderlDiscussl Action regarding an ordinance amending the Anna City Code of Ordinances, Part II, Article N Animals. -. . .SlJMM..A:Q.¥ A couple of months ago we discussed with the Council some possible ~ges to .the City's animal control regulations regarding -the keeping livestock and domestiC fowl such as chickens, ducks, etc. within the city limits. Based on that discussion, we have drafted an ordinance that provides for the following: • The keeping of livestock and domestic fowl would only be permitted in the Agricultural, Single Family Estate, and Planned Development zoning districts where the keeping of such animals is specifically permitted. • Livestock and domestic fowl could only be kept on a lot that is at least two acres mstze. • Limits on the number of livestock or domestic fowl that could be kept, depending on the size of the lot. • Certain exemptions for land on which AISD agricultural education programs are conducted. STAFF RECOMMENDATION: Staff recommends approval ofthese amendments. ItemNo.l/L City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: June 23, 2009 Staff Contact: Philip Sanders Account Code #: _______­___ Budgeted Amount: ___________ Exhibits: X Yes 0 No AGENDA SUBJECT: ConsiderlDiscussl Action regarding approving an economic development agreement between the Anna Economic Development Corporation and Flywheel Investments, LLC. SUMMARY: . Flywheel Investments LLC has announced plans to construct a new KFCffaco Bell restaurant in Anna on the east side of the Love's travel stop on FM 455. . The Anna Economic Development Corporation has approved an economic development agreement with Flywheel Investments, LLC that provides economic assistance for this project. As part of the Agreement, the EDC in committing $15,000 toward the construction of a common driveway that will serve this property and a larger retail area that has yet to develop. TheEDC will also pay up to $12,000 to cover the cost of impact fees that result from the installation of a water meter larger than one inch. Flywheel Investments obligations include a commitment to start business operations in the restaurant by October 1,2009, and a requirement to create maintain a least fifteen jobs for a period of three years. STAFF RECOMMENDATION: Staff recommends approval of this agreement. ' ..... ItemNo.~ City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: June 23, 2009 Staff Contact: Philip Sanders Account Code #:_--=N-"'A=--______ Budgeted Amount:...:;:;$'----"=-N..:.::;A-=--_____ Exhibits: D Yes DNo AGENDA SUBJECT: Consider an 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.:00a.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 T ABC for an extended hours permit. RECOMMENDED ACTION: 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 Q,pn1 our Police Department. Staff does not recommend approval of this Ordinance. ItemNo.~ City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: June 23,2009 Staff Contact: Philip Sanders Account Code #:._________ Budgeted Amount: _________ Exhibits: 0 Yes DNo AGENDA SUBJECT: ConsiderlDiscussl Action regarding a resolution authorizing the purchase of a cell phone for the 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 $5~permonth. The City's Charter allows members of the City Council to be reim~sedfor actual expenses incurred in.the perfonnance of official duties with.the approval of the City Council at a public meeting. The attached resolution is an acknowledgement by the City Council of the need to purchase a cell phone and calling plan to be used by the Mayor in the performance of his official duties. Item No. 13(q .. t) City SecretaJ:y's use only City of Anna City Council Agenda Staff Report Council Meeting: June 23, 2009 Staff Contact: Philip Sanders Account Code #:.__________ Budgeted Amount: _________ Exhibits: 0 Yes ONo - AGENDA SUBJECT: ConsiderlDiscuss/Action regarding appointments/reappointments of members to serve on City Boards and Commission: . a. Planning and Zoning Commission -b. Park Board c. Economic Development Corporation d. Community Development Corporation '-. e. Technology Advisory Commission f. Board of Adjustment SUMMARY: Per Article 8 Boards and Commissions, Section 8.01 Authority, Composition and Procedures (a) the City Council may create, establish or appoint, as may be required by state law or this Charter, or deemed desirable by the City Council, such boards, commissions and committees as it deems necessary to carry out the functions and obligations of the City ... (b) Individuals who are qualified voters in the City may be appointed by the City Council to serve on one or more boards, commissions or committees. Such appointees serve at the pleasure of the City Council and may be removed at the discretion of the City Council ... The boards and commissions odd places (1, 3, 5, and 7) expire at the end of June. There are also some vacancies on boards and commissions that need to be filled. The Advisory Committee will not be meeting until Friday at 4:00 p.m., therefore their recommendations will not be available at the time packets are put together. Information will be handed out at Tuesday's Council meeting. STAFF RECOMMENDATION: To make the necessary re-appointments or appointments to the various boards and commissions. ItemNo.~ City Secretary's use only City of Anna City Council Agenda Staff Report ..... -. Council Meeting: June 23, 2009 Staff Contact: Philip Sanders ....Account Code #:----------------­Budgeted Amount: ____________ Exhibits: )C Yes 0 No AGENDA SUBJECT: Discussion regarding workshop date with the City's Boards and Commissions. SUMMARY: The City Council has expressed a desire to have a joint meeting with the . EDC/CDC, the Parks Advisory Board, and the Planning and Zoning Commission. I suggest that the meeting be conducted on a Saturday morning with one-hour blocks . designatedforeach of the Boards. July 11 and August 8 are available on my calendar. Item No. I~ City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: June 23, 2009 Staff Contact: Chief Jenks Account Code #:____________ Budgeted Amount:. ____________ Exhibits: I&l Yes DNo AGENDA SUBJECT: Discussion regarding Fireworks Regulations SUMMARY: Questions were raised during the June 9 Citizen Comments period regarding rules governing fireworks within the City Limits. Like many other cities in North Texas, the City of Anna prohibits possession, storage, or discharge of fireworks ,within the City Limits and within 5,000 feet of the City Limits. The Fire Marshall is authorized to issue permits for public or private displays of Fireworks, to be conducted under his supervision, as long as adequate safeguards for life and property are in place, as determined by his professional opinion. The person, firm or corporation seeking a permit shall furnish proof of financial responsibility to satisfy claims for damages to property or personal injury, in the amount necessary for protection of the public (Fire Marshall determines this amount). Staff is' not recommending any changes to our fireworks regulations.