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HomeMy WebLinkAboutCCpkt2010-01-12CITY OF ANNA AGENDA NOTICE -CITY COUNCIL WORKSHOP January 12, 2010 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., January 12, 2010, 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 Adult Recreation Programs. (Maurice Schwanke) 4. Discussion regarding a joint meeting with City Boards and Commissions. (Philip Sanders) 5. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. consult with legal counsel regarding pending or contemplated litigation and/or 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) including but not limited to Anna-Weston boundary lines. b. Personnel: Consider Annual Evaluation of the City Manager. (Government Code, Section 551.074). c. Personnel: Consider the appointment of a Municipal Court Judge. (Government Code, Section 551.074). 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. 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 Secretaty at 972 924­ 3325 two working days prior to the meeting so that appropriate arrangements can be made. 01-12-10 CC Regular Meeting Agenda.doc Posted 01-08-10 6. Discussion regarding any item on the City Council's January 12, 2010 Regular Meeting Agenda Notice, which was posted at the same date, time and place of this Workshop Agenda Notice. 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., January 8,2010. 1. The Council may vote and/or 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 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. 01-12-10 CC Regular Meeting Agenda.doc 2 Posted 01-08-10 City of Anna Staff Agenda Report Council Meeting: 01112/10 Staff Contact: Maurice Schwanke Prepared by: ________ Account Code #:_---o:N..:.:/~A=_______ Date Prepared: __....;0~1;..:...;/0=6~/l~0~_ Budgeted Amount:...!t$~N..!!./.:...!A::...-_____ Exhibits: .Yes 0 No AGENDA SUBJECT: ConsiderlDiscussi Action regarding City Sports Leagues. SUMMARY: The Anna Parks Board has been developing a program for a spring coed softball league. The Board has been working on rules of participation, cost scenarios, potential dates, disclaimers etc. Its felt by the Board that the City should start out slowly with only one league in the spring and as the league becomes successful that other leagues and other times of year could be added. It is understood that coordination with the Anna High School and A YSA play would be paramount. The league would be administered by the Park Board with staff oversight and be self supported through fee's charged to participating teams. Additionally, other sports could be added over time such as adult soccer leagues. PLANNING AND WNING ACTION: NA RECOMMENDED ACTION: Direction from City Council whether not to proceed with the concept of City spring coed softball league. CITY OF ANNA AGENDA NOTICE -CITY COUNCIL REGULAR MEETING January 12, 2010 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., January 12, 2010, 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. Receive reports from Staff or the City Council about items of community interest. Items of community interest include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen (but not including a change in status of a person's public office or public employment); a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. 5. 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 December 8, 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 of the 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. 01-12-10 CC Regular Meeting Agenda.doc 3 Posted 01-08-10 b. Review Anna Community Development Corporation November 5, 2009 Minutes. c. Review Anna Economic Development Corporation November 5, 2009 Minutes. d. Approve a development plat for "Omnipart Addition", e. Approve a Resolution authorizing the City Manager to Administer the State Energy Conservation Grant. (Philip Sanders) 6. Consider/Discuss/Action to adopt an ordinance amending the City's comprehensive plan, zoning map. and zoning ordinance and changing the zoning of certain properties; providing for savings, repealing and severability clauses; providing for an effective date; providing for a penalty clause not to exceed $2,000 or the highest penalty amount allowed by law, whichever is less; and, providing for publication. Property is located at 920 West White Street (FM 455) and is being rezoned from existing Planned Development (PD) Zoning under Ordinance No. 442-2009 to a new Planned Development (PD) with additional conditions and uses. (Maurice Schwanke) 7. (a) Public Hearing: To consider public comment on a request by Jason McDonald, owner of property, for a Specific Use Permit to allow the operation of a pawn shop on a tract that is currently zoned as General Commercial (C2) and is located at 1002 S, Powell Pkwy (Hwy 5). (Maurice Schwanke) (b) Consider/Discuss/Action regarding an ordinance for a SpecifiC Use Permit to allow the operation of a pawn shop located at 1002 S. Powell Pkwy. (Maurice Schwanke) 8. Consider/Discuss/Action regarding a final plat for "Premier Pawn Texas Addition". (Maurice Schwanke) 9. Consider/DiscusS/Action regarding the site plan and landscape plan for "Premier Pawn Texas Addition". (Maurice Schwanke) 10. Consider/Discuss/Action on an Ordinance authorizing the City Manager to determine purchasing method for projects. (Philip Sanders) 11. Consider/Discuss/Action regarding a Resolution approving a change to the Anna Economic Development Corporation's By-Law's attendance policy and amendment procedure. (Jessica Perkins) 12. Consider/Discuss/Action regarding a Resolution approving a change to the Anna Community Development Corporation's By-Law's attendance policy. (Jessica Perkins) 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 lUlder 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. 01-12-10 CC Regular Meeting Agenda.doc 4 Posted 01-08-10 13. Consider/Discuss/Action to approve ordinance regarding the regulation of Sexually Oriented Businesses. (Clark McCoy) 14. Consider/Discuss/Action regarding appointments to fill vacancies on the Planning and Zoning Commission. (City Council) 15. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. consult with legal counsel regarding pending or contemplated litigation and/or 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) including but not limited to Anna­ Weston boundary lines. b. Personnel: Consider Annual Evaluation of the City Manager. (Government Code, Section 551.074). c. Personnel: Consider the appointment of a Municipal Court Judge. (Government Code, Section 551.074). 16. Consider/Discuss/Action on any items listed on posted agenda for January 12, 2010 City of Anna Workshop Session or any closed session occurring during this Regular Meeting, as necessary. 17. Adjourn. This is to certify that I, Natha Wilkison, City Secretary, posted this agenda at a place readily accessible to the public at the Anna City Hall and on the City Hall bulletin board at or before 5:00 p.m., January 8,2010. 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. 01-12-10 CC Regular Meeting Agenda.doc 5 Posted 01-08-10 Item No.5 (a-e) City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: January 12,2010 Staff Contact: Philip Sanders Account Code #:_----"N'-'-'/..!c.A~_____ Date Prepared: 1107/10 Budgeted Amount:___--=..N.!!,.IA~___ Exhibits: 0 Yes ONo AGENDA SUBJECT: Consent Items. These items consist ofnon-controversial or "housekeeping" items required by law. Items may be considered individually by any Council member ma/ring such request prior to a motion and vote on the Consent Items. a. Approve City Council Regular minutes for December 8, 2009. b. Review Anna Community Development Corporation November 5, 2009 Minutes. c. Review Anna Economic Development Corporation November 5, 2009 Minutes. d. Approve a development plat for "Omnipart Addition". e. Approve a Resolution authorizing the City Manager to Administer the State Energy Conservation Grant. (Philip Sanders) RECOMMENDED ACTION: Staff recommends a motion to approve the consent items. Item No. 54 city Secretary's use only City of Anna Staff Agenda Report Council Meeting: 01112110 Staff Contact: Maurice Schwanke Prepared by: T. Ross Account Code #:_.-----!N....!!/~A~_____ Date Prepared:__~0~1I=0~51.,:;.;1O~_ Budgeted Amount: . ..::$,---"N=/~A=--_____ Exhibits: .Yes 0 No AGENDA SUBJECT: ConsiderlDiscuss/Action regarding a development plat for "Omnipart Addition". SUMMARY: This development plat located in Anna's extraterritorial jurisdiction. As such a development plat is required. The development plat has been review by the city staff. The intended use ofthis property is for a furniture warehouse. PLANNING AND ZONING ACTION: The Planning and Zoning Commission recommend approval ofthe development plat at their meeting January 4,2009. The vote was unanimous. RECOMMENDED ACTION: Omnipart Addition is being recommended for approval. ItemNo.~ City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: January 12,2010 Staff Contact: Philip Sanders Account Code #: _________ Budgeted Amount: _________ Exhibits: 0 Yes DNo AGENDA SUBJECT: ConsiderlDiscussi Action regarding a Resolution authorizing the City Manager to administer the State Energy Conservation Office Block Grant Program. SUMMARY: The American Recovery and Reinvestment Act approved by Congress is providing over $45 million to the State Energy Conservation Office (SECO) for the Energy Efficiency and Conservation Block Grant program. This money is being made available to small cities and counties that did not receive a direct allocation from the U.S. Department of Energy under this program. The City of Anna is eligible to receive $23,030. We anticipate using this money to upgrade the HV AC system and retrofit light fixtures in the new Police/Customer Service building. The attached Resolution names the City Manager as the City official authorized to sign the application and make decisions on behalf of the City of Anna as they relate to the SECO Grant program. STAFF RECOMMENDATION: Staff recommends approval of this Resolution. Item No. _6_ City Secretary's use only City of Anna Staff Agenda Report Council Meeting: 01112110 Staff Contact: Maurice Schwanke Prepared by: T. Ross Account Code #:_---o::N'-"/..::..A=--_____ Date Prepared: __-,0=1:..:../O=5;,;,..11:..;:0,--_ Budgeted Amount:,..,.$=----..:::N...:..:./......,A=---_____ Exhibits: .Yes 0 No AGENDA SUBJECT: ConsiderlDiscussl Action to adopt an ordinance amending the City's comprehensive plan, zoning map, and zoning ordinance and changing the zoning of certain properties; providing for savings, repealing and severability clauses; providing for an effective date; providing for a penalty clause not to exceed $2,000 or the highest penalty amount allowed by law, whichever is less; and, providing for publication. Property is located at 920 West White Street (FM 455) and is being rezoned from existing Planned Development (PD) Zoning under Ordinance No. 442-2009 to a new Planned Development (PD) with additional conditions and uses. SUMMARY: The original information provided to the City Council has been duplicated herein for reference purposes. The proponent is requesting an amendment to a portion of the existing Planned Development Zoning to include Engine and Transmission Replacement with no onsite reconditioning, Exhaust and Muffler system sales and repair. Under the existing zoning "Minor Automobile Repair" is allowed as a SUP. However, "Major Automobile General Repair" is not allowed. The defInitions are shown below have been extracted from the Zoning Ordinance. Ex 3.4.5. Automobile Repair, Major -General repair or reconditioning of engines and air-conditioning systems for motor vehicles; wrecker service; collision services including body, frame or fender straightening or repair; customizing; overall painting or paint shop; vehicle steam cleaning; those uses listed under "automobile repair, minor"; and other similar uses. Ex 3.4.6. Automobile Repair, Minor Minor repair or replacement of parts, tires, tubes, and batteries; diagnostic services; minor motor services such as grease, oil, spark plug, and fIlter changing; tune­ ups; emergency road service; replacement of starters, alternators, hoses, brake parts; automobile washing and polishing; performing state inspections and making minor repairs necessary to pass said inspection; normal servicing of air-conditioning systems, and other similar minor services for light load vehicles, but not including any operation named under automobile repair, major" or any other similar use. Item No. _6_ City Secretary's use only The applicant is proposing to buy an All Tune and Lube franchise. Within the franchise engines and transmissions are removed sent off for reconditioning or reconditioned engines and transmissions are brought in and placed into the vehicles. This activity goes beyond the defInition of Minor Automobile Repair. Therefore, prior to fInishing the franchise purchase the proponent would like to establish the right to have these facilities at this location. Approval of this "Planned Development" would eliminate the need for the SUP for Minor Automobile Repair as well as the other proposed uses identifIed. A general concept plan has been submitted. The proponent is aware that prior to the issuance of a building permit that several things will need to occur such as the approval of a detailed site and landscape plan, platting of the property, and construction plans for the building and any civil improvements necessary. The staff concerns have been addressed and incorporated within the attached ordinance. PLANNING AND ZONING ACTION: The Planning and Zoning Commission had reviewed this proposal at the November 2,2009 meeting. Four Members of the Commission were present and a non recommendation vote for a motion of denial was made (2 aye-Marter & Osborn 2-nay Halsel & Watkins). The City Council at their meeting of December 8, 2009 referred this item back to the P&Z Commission for additional deliberation so that a clear recommendation could be forwarded to the City Council. At the January 4th P&Z meeting the agenda item was tabled since only four committee members were in attendance. A special call meeting is planned for January 11,2010 at 7:00 p.m. regarding the zoning request. The recommendations of the Special Called Meeting of the Planning and Zoning Commission to be held January 11 th will be available to the City Council prior to the regularly scheduled City Council meeting on January 12th. RECOMMENDED ACTION: Approval subject to the conditions outlined in the attached ordinance. Item No. 7(a & b) City Secretary's use only City of Anna Staff Agenda Report Council Meeting: 01112/10 Staff Contact: Maurice Schwanke Prepared by: T. Ross Account Code #:._~N:..J.!/~A~_____ Date Prepared: __..!::0=1I~05=/~1O~_ Budgeted Amount: . ..!t$~N..!!/~A~_____ Exhibits: • Yes D No AGENDA SUBJECT: (a) Public Hearing: To consider public comment on a request by Jason McDonald, owner of property, for a Specific Use Permit to allow the operation of a pawn shop on a tract that is currently zoned as General Commercial (C2) and is located at 1002 S. Powell Pkwy (Hwy 5). (b) ConsiderlDiscussl Action regarding an ordinance for a Specific Use Permit to allow the operation of a pawn shop located at 1002 S. Powell Pkwy. SUMMARY: The tract involved in this request is for the operation of a pawn shop where Spencer Plumbing has been operating. The ownership on this tract has changed. The existing building exterior is metal. The proposed use will change the appearance by the construction of a masonry exterior, landscaping the frontage, and by placing most of the parking in the rear. It is anticipated that the changes made to this property will greatly enhance the streetscape in the area. Additionally, the proposal is in keeping with the Future Land Use Plan for commercial uses in the area. Three letters of opposition have been received. No one appeared at the Planning and Zoning Commission public hearing to voice opposition. PLANNING AND ZONING ACTION: The Planning and Zoning Commission at their meeting December 1, 2009 recommended approval of the Specific Use Permit with an added condition as follow: 3" canopy trees spaced out evenly, 1 per 40 linear feet along the north and western side of property. The vote was unanimous. RECOMMENDED ACTION: The staff is recommending approval of this request. Item No. _8_ City Secretary's use only City of Anna Staff Agenda Report Council Meeting: 01112110 Staff Contact: Maurice Schwanke Prepared by: T. Ross Account Code #:_~N~/..!.oA~_____ Date Prepared: __......;0=1~/0~5::.:.../~1O~_ Budgeted Amount:~$~N..:.:../.!..!A,---_____ Exhibits: .Yes 0 No AGENDA SUBJECT: ConsiderlDiscussl Action regarding a final plat for "Premier Pawn Texas Addition". SUMMARY: The plat for the Premier Pawn Texas Addition as been reviewed by the staff. Adequate fire protection should be provided to this site in for form of adequately sized water lines and fire hydrant. Existing fire protection is approximately 440 feet away from this location. Approval of this plat should be subject to the above comment. If the "SUP" for this property is approved the owners will prepare the appropriate construction documents and install the necessary improvements to serve this property. The improvements may coincide with a TCDP grant for water line improvements in the area. PLANNING AND ZONING ACTION: : The Planning and Zoning Commission at their meeting December 1,2009 recommended approval of the final plat with the conditions subject to adequate fire protection stipulations. The vote was as follow: 5 aye I nay (Watkins) 0 abstained RECOMMENDED ACTION: The staff recommends approval of this plat. ltemNo._9_ City Secretary's use only City of Anna Staff Agenda Report Council Meeting: 01112/10 Staff Contact: Maurice Schwanke Prepared by: T. Ross Account Code #:_---"N..:.:/~A"_________ Date Prepared: ___O=.1:.:.,./0=5:.!..11.:;...:0:...--_ Budgeted Amount:..".$'---.:.N~/=A~_____ Exhibits: .Yes 0 No AGENDA SUBJECT: ConsiderlDiscussi Action regarding the site plan and landscape plan for "Premier Pawn Texas Addition". SUMMARY: The proposed site plan and landscape plan for Premier Pawn has been reviewed by Staff. The proposed improvements should enhance the streetscape of South Powell Parkway by landscaping the frontage and by turning the existing metal structure into a masonry building. An additional improvement will be the moving of most of the parking to the rear of the structure. PLANNING AND ZONING ACTION: : The Planning and Zoning Commission at their meeting December 1, 2009 recommended approval of the site plan and landscape plan with the added condition that 3" caliper canopy trees with a spacing of 40'on the north and western property lines be installed. The vote was unanimous. RECOMMENDED ACTION: The Staff is recommending approval of the site and landscape plan subject to the recommended addition ofthe trees. ltemNo.~ City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: January 12,2010 Staff Contact: Philip Sanders Account Code #: __________ Budgeted Amount: _________ Exhibits: 0 Yes DNo AGENDA SUBJECT: ConsiderlDiscusslAction on an Ordinance authorizing the City Manager to determine purchasing method for projects. SUMMARY: The State law provides local governments the authority to use a variety of procurement methods in purchasing construction services for public works and facility projects. During the process of preparing the bid specifications for the new Public Works department office/warehouse, staff reviewed various procurement or purchase alternatives in order to determine the how to achieve the best value for the City in this project. One of these methods allows a City to select a contractor through "competitive sealed proposals". This procurement process allows a City establish and consider other criteria in addition to purchase price in determining the best value for the City. These other criteria may include consideration of the bidder's professional reputation, past performance, quality of goods and services, past relationship with the City, and other relevant factors such as delivery schedule. This method also gives the City the ability to negotiate the final scope of the project before the contract is awarded. After considering the nature of the Public Works office/warehouse construction project, Staff believes that using the competitive sealed proposal process is most likely to result in the best value for the City on this project. In order to use one of the alternative procurement methods other than competitive bidding, the City must determine which method provides the best value. The attached Ordinance authorizes the City Manager to review the various procurement procedures authorized in the State law and determine with method is most likely to provide the best value. Regardless of which procurement method is used, the authority to award contracts for purchases in excess of $50,000 remains the exclusive authority of the City CounciL STAFF RECOMMENDATION: Staff recommends approval of this Ordinance. ItemNo.1L_ City Secretary's use only CITY OF ANNA. TEXAS City of Anna City Council Agenda Staff Report Council Meeting: Jan. 12,2010 Staff Contact: Jessica Perkins Account Code #:_--...:nJ=a'---______ Budgeted Amount: ____....:nJ=a______ Exhibits: X Yes 0 No AGENDA SUBJECT: ConsiderlDiscussl Action regarding a Resolution approving a change to the Anna Economic Development Corporation's By-Law's attendance policy and amendment procedure. (Jessica Perkins) SUMMARY: In an effort to unify the EDC and CDC bylaws a change to the attendance policy needs to be made. The current language for the EDC bylaws does not require a member to be present to vote and states that a member who misses three (3) consecutive meetings should be removed. The proposed language would require the member to be present to vote and suggests removal if a member has three (3) unexcused absences in a 12 month period. Additionally, recently there was a change to the EDC bylaws allowing for 7 members instead of 5. The section stating how many members needed to pass a vote was overlooked and still reads as only 3. This sections needs to be updated to read 4 which would be a majority of 7 members. STAFF RECOMMENDATION: Staff recommends you approve the by-law change. ltemNo.~ City Secretary's use only CITY OF ANNA, TEXAS City of Anna City Council Agenda Staff Report Council Meeting: Jan. 12,2010 Staff Contact: Jessica Perkins Account Code #:_---.!nJ~a=__________ Budgeted Amount: ____...!:nJ.!!.:a=_________ Exhibits: X Yes 0 No AGENDA SUBJECT: ConsiderlDiscussi Action regarding a Resolution approving a change to the Anna Community Development Corporation's By-Law's attendance policy. (Jessica Perkins) SUMMARY: In an effort to unify the EDC and CDC bylaws a change to the attendance policy needs to be made. The current language for the CDC bylaws states that a member who misses two (2) consecutive meetings should be removed. The proposed language suggests removal if a member has three (3) unexcused absences in a 12 month period. STAFF RECOMMENDATION: Staff recommends you approve the by-law change. Item No . .!i.­ City Secretary's use only City of Anna Staff Agenda Report Council Meeting: 01112/10 Staff Contact: Clark McCoy Prepared by: Clark McCoy Account Code #: NIA Date Prepared:__.....;0~1~/O~7c.!../~1O:!..--_ --~~~----------- Budgeted Amount:...!:I:$~N.:!!..I.!.2A~_____ Exhibits: .Yes D No AGENDA SUBJECT: ConsiderlDiscussl Action regarding to approve ordinance regarding the regulation of Amending the Sexually Oriented Businesses. SUMMARY: In 2007, the City Council adopted a series of ordinances regulating sexually oriented businesses ("SOB"). The existing regulations are comprehensive in nature, establishing certain distance requirements that narrow the available locations for an SOB within the City, requiring background checks and licensing of SOBs and their employees, classifying SOBs into various types depending on the goods or services provided; regulating the type of employee/patron conduct prohibited by classification, prohibiting minors from entering or being employed by an SOB, and including various other regulations pertaining to SOBs with the intention of minimizing deleterious secondary effects and protecting persons and property. Since the passage of the City's SOB ordinances in 2007, there have been challenges brought by the SOB industry and resulting court decisions regarding similar ordinances in other Texas cities that have raised concerns about certain SOB regulations, principally relating to regulations concerning "off-site" retail SOBs and the prohibition of the employment of minors in SOB establishments. In response to these concerns studies were conducted in 2008 and 2009 and municipalities throughout the state and country are amending their SOB regulations on the basis of those studies. Two recent Texas studies published in 2008 and 2009 are included in your packet for your review. Those reports detail studies and findings by property appraisers supporting the theory that "off-site" retail SOBs (those that sell sexually explicit materials for off-site use only) do in fact have substantial deleterious secondary effects on surrounding properties. The proposed ordinance retains all of the distance requirements and other requirements previously adopted by the Council. New aspects include: the incorporation of new studies and court rulings; additional and more detailed definitions; the establishment of new regulations regarding licensing and appeals from license denial suspension or revocation; and, additional protections relating to minors. The new ordinance also consolidates the Item No. lL City Secretary's use only SOB regulations from all previous ordinances into a single document, and repeals the old ones. For a number of reasons including growth and development in the City with increasing traffic counts, multiple truck stops with out-of-area transit, retail liquor stores, and other retail all in close proximity to residential areas, the City Council has been concerned with protecting persons and properties from the documented negative secondary effects of SOBs. The proposed ordinance adds additional safeguards based on new empirical data that further supports the Council's efforts to regulate SOB establishments. RECOMMENDED ACTION: Approval Item No. l~. City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: January 12,2010 Staff Contact: Philip Sanders Account Code #:_---::N;..;:.:/-"-A=---_____ Date Prepared: 1/07/10 Budgeted Amount:___.....:N:....:./=A""-___ Exhibits: Yes DNo AGENDA SUBJECT: ConsiderlDiscussl Action regarding appointments to fill vacancies on the Planning and Zoning Commission. (City Council) SLTMMARY: There are currently 2 vacancies on P & Z. Place 2 and Place 6. I currently have 3 applicants for those positions. RECOMMENDED ACTION: Staff recommends making appointments to fill the 2 vacancies on P & Z.