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HomeMy WebLinkAboutCCpkt2010-05-25CITY OF ANNA AGENDA NOTICE -CITY COUNCIL REGULAR MEETING May 25, 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., May 25, 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 goveming 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 May 11, 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 concenring 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. 05-25-10 CC Regular Meeting Agenda.doc Posted 05-21-10 6. (a) Public Hearing: For City Council to hear public comment regarding an amendment to the Anna Code of Ordinances, amending Part IIJ-C Zoning Ordinance, Section 4, Definitions; and Section 32, F-B Food -Beverage Overlay District, providing for savings, repealing and severability clauses; providing for an effective date; providing for a penalty clause not to exceed $2000 or the highest penalty amount allowed by law, whichever is less; and providing for publication. (Maurice Schwanke) (b) Consider/Discuss/Action on adopting an Ordinance amending the Anna Code of Ordinances, amending Part III-C Zoning Ordinance, Section 4, Definitions; and Section 32, F-B Food -Beverage Overlay District, providing for savings, repealing and severability clauses; providing for an effective date; providing for a penalty clause not to exceed $2000 or the highest penalty amount allowed by law, whichever is less; and providing for publication. (Maurice Schwanke) 7. (a) Public Hearing: For City Council to hear public comment regarding Assessments for Urban Crossing Public Improvements District. The improvements are to enhance security and public safety, and provide paved access via County Road 368 to County Road 370 for the properties within the proposed Public Improvement District. (Clark McCoy) (b) Consider/Discuss/Action on adopting an Ordinance regarding the Assessments for Urban Crossing Public Improvement District. (Clark McCoy) 8. Consider/Discuss/Action approving a Resolution authorizing the City Manager to execute a Commercial and Industrial Solid Waste Collection and Disposal Contract with Bradshaw and Son Trash Service. (Philip Sanders) 9. Consider/Discuss/Action adopting an Ordinance amending the Property Maintenance Code. (Maurice Schwanke) 10. ConsiderlDiscuss/Action approving an Ordinance amending the Anna Code of Ordinances by amending Part IV, Article 7, Section 1, Garbage Collection Charges. (Philip Sanders) 11. Discussion regarding the naming of City of Anna building facilities. (Philip Sanders) 12. Future Agenda Consideration: ConsiderlDiscusslAction regarding placing the following items on a future City Council agenda. a) Discussion of an Ordinance to suspend the prohibition on the possession of Fireworks on July 4 and suspend the requirement to obtain a permit to conduct private displays of Fireworks on July 4. (Council Member Glover) b) Discussion of action necessary to produce a City sponsored July 4th Fireworks Display. (Council Member Glover) 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 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. 05-25-10 CC Regular Meeting Agenda.doc 2 Posted 05-21-10 13. 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). 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. 14. Consider/Discuss/Action on any items listed on posted agenda for May 25,2010 City of Anna Workshop Session or any closed session occurring during this Regular Meeting, as necessary. 15. 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., May 21,2010. 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 912 924­ 3325 two working days prior to the meeting so that appropriate arrangements can be made. 05-25-10 CC Regular Meeting Agenda.doc 3 Posted 05-21-10 Item No. S'(,J city Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: May 25, 2010 Staff Contact: Philip Sanders Account Code #:_--",,"N..::.,IA=-=-_____ Date Prepared: 5/2011 0 Budgeted Amount:___.....N:;..:.Iw:;.A-=--___ Exhibits: DYes DNo AGENDA SUBJECT: 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 11, 201 O. SUMMARY: RECOMMENDATION: Staffrecommends approval of the consent items. ItemNo.~+b) City Secretary's use only City of Anna Staff Agenda Report Council Meeting: 05/25/10 Staff Contact: Maurice Schwanke Prepared by: T. Ross Account Code #:_~N~/..!...A~_____ Date Prepared: __--..:0=5:.!..../l~9:..!..../l~0~_ Budgeted Amount:....:z$:..........::N...:.,:..::....:A=---_____ Exhibits: .Yes 0 No AGENDA SUBJECT: (a) Public Hearing: For City Council to hear public comment regarding an amendment to the Anna Code of Ordinances, amending Part III-C Zoning Ordinance, Section 4, Deftnitions; and Section 32, F-B Food -Beverage Overlay District, providing for savings, repealing and severability clauses; providing for an effective date; providing for a penalty clause not to exceed $2000 or the highest penalty amount allowed by law, whichever is less; and providing for publication. (b) ConsiderlDiscussl Action on adopting an Ordinance amending the Anna Code of Ordinances, amending Part III-C Zoning Ordinance, Section 4, Deftnitions; and Section 32, F-B Food ­ Beverage Overlay District, providing for savings, repealing and severability clauses; providing for an effective date; providing for a penalty clause not to exceed $2000 or the highest penalty amount allowed by law, whichever is less; and providing for publication. SUMMARY: The proposed ordinance clariftes the deftnition of "Food Beverage Store" by adding retail to the deftnition. Currently, a question could arise if two warehouses that contain Food and Beverage products wanted to coexist in close proximity to each other. The staff opinion is that the coexistent of warehouses is appropriate even if the same type of product is stored. This amendment would allow that coexistence. Section 32, F-B-Food -Beverage Overly District changes verbiage in the paragraph pertaining to when a Food and Beverage store is established as a use. The way the ordinance is currently worded is that a Food and Beverage store is established by a ftnal plat when in reality a ftnal plat does not establish when a use starts. For instance a fmal plat may be in existence for years and vacant prior to someone wanting to establish a use. A use inside a building is only established once a structure is built/remodeled and a use moves in and a permanent Certiftcate of Occupancy is given. This part of the ordinance sets the establishment ofa Food and Beverage facility from a ftnal plat occurrence to a certiftcate of occupancy. PLANNING AND ZONING ACTION: The Planning and Zoning Commission recommended approval of the proposed ordinance at their regular meeting, May 3, 2010. The vote was unammous. RECOMMENDED ACTION: Approval Item No. ~+b) City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: May 25, 2010 Staff Contact: Clark McCoy Account Code #:_---::Nc..:.;A'-"-______ Budgeted Amount:--"$'---'N"-".A!..:!-______ Exhibits: {tf Yes DNo AGENDA SUBJECT: ConsiderlDiscussl Action on ordinance levying assessments for the costs of certain improvements in the Urban Crossing Public Improvement District SUMMARY: On April 27, 2010, the City Council approved a Public Improvement District (PID) Agreement between the City and Ralph Urban as a way for the City and Mr. Urban (owner of the Urban Crossing Subdivision) to pay for and be reimbursed for paving improvements on CR 368 just north of the subdivision entrance. On May 11, 2010, the City Council approved a resolution creating the PID. The proposed ordinance, in accordance with Local Government Code §372.017, levies the assessment against the property within the PID to allow for the City to collect the cost of improvements and related expenses from the property owners. RECOMMENDED ACTION: Ordinance be approved. ItemNo.~ City Secretary's use only Y{oUlU BOJIB'l'O'IlflIf City of Anna City Council Agenda Staff Report Council Meeting: May 25, 2010 Staff Contact: Philip Sanders Account Code #:__________ Budgeted Amount: _____---­Exhibits: DYes DNo AGENDA SUBJECT: ConsiderlDiscuss/Action approving a Resolution authorizing the City Manager to execute a Commercial and Industrial Solid Waste Collection and Disposal Contract with Bradshaw and Son Trash Service. SUMMARY: In 2005, the City Council approved a Solid Waste Collection and Disposal Contract with Waste Management with an effective date of August 1, 2005. The term of the current Contract expires on August 1,2010. On January 26, 2010 the City Council approved a Resolution exercising its option to not renew the contract for another five year term. In February we issued a Request for Proposals (RFP) for a new commercial trash collection contract to take over service when the current Waste Management contract expires on August 1 st, We received four responses to our RFP including responses from Waste Management, IESI, CWD, and Bradshaw and Son. On April 13, after reviewing the proposals outlined in the RFP responses, the City Council approved a Resolution authorizing the Staff to negotiate a new three­ year commercial trash contract with Bradshaw and Son Trash Service. The contract attached with this report provides an exclusive franchise to Bradshaw and Son for the collection and disposal of commercial and industrial solid waste within the City of Anna through August 31, 2013 RECOMMENDATION: Staff recommends approval of the attached Resolution. ItemNo.~ City Secretary's use only City of Anna Staff Agenda Report Council Meeting: OS/25/10 Staff Contact: Maurice Schwanke Prepared by: Maurice Schwanke Account Code #:_-----'N"--'-'-..:/A-=---______ Date Prepared: ___0=5::.!..;/2=0~/~1O~_ Budgeted Amount:--,,$,---,N,-,,/,-,,-A~_____ Exhibits: .Yes 0 No AGENDA SUBJECT: ConsiderlDiscuss/ Action adopting an Ordinance amending the Property Maintenance Code. SUMMARY: In order to facilitate the more efficient administration of our Property Maintenance Code, Staff is recommending approval of the attached Ordinance and amendments. • The amendments in Section 1.10 clarify the procedure for obtaining a release of lien and also include some housekeeping edits. • The amendments in Section 1.11 address three primary issues: 1. The changes in subparagraph (c,2) clarify that notices may be sent to an owner by regular mail. Within the current ordinance certified letters are required to be sent to notify property owners of violations. This requirement is not mandated under State law. The cost of sending a certified letter with a return notice is currently $5.54 plus $0.17 per ounce over 1 ounce. The proposed ordinance removes the certified requirement so that our cost will be significantly reduced. We are sending approximately 100 to 200 letters monthly. At the certified rate the monthly cost would be at a minimum of $554 to $1,108 monthly or potentially over $13,000 annually. 2. The changes in subparagraph (t) define the charges that can be billed to a property owner if the City is required to abate a code violation. 3. The edits to subparagraph (h) eliminate the reference to the appeal procedure outlined in Section 1.16 which designates the City Council as the body required to hear appeals related to the enforcement of the Code. The municipal court currently provides anyone who is prosecuted under the criminal provisions of the ordinance an opportunity for a fair hearing in front of a jury or the municipal judge. The City might choose to abate certain violations where either the property owner has ignored a written warning or where the City is required to act in order to protect the life or health of the public. In some cases, the State law allows a property owner the right to appeal in connection with City's abatement of certain code violations. The amendments we are recommending allow abatement appeals when required by State law, and designate the Zoning Board of Adjustment as the body to hear these appeals. The Board ltemNo.~ city Secretary's use only of Adjustment also has the authority to hear appeals related to the enforcement of the Zoning Ordinance. The City Council is still required to hear appeals related to abatement of dangerous structures. • The amendments to Section 1.14 are housekeeping changes designed to clarify meanings or procedures. • The hearing procedures described in Section 1.16 are being eliminated pursuant to the discussion above. Appeals required by State law are directed to the Board of Adjustment. • The amendments in Section 1.20 subparagraph (h) clarify the appeal procedure required for an emergency abatement. • The amendments to Section 1,21 are housekeeping changes consistent with the changes previously discussed. RECOMMENDED ACTION: Approval of the Ordinance ------------------ ItemNo.iO­ City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: May 25, 2010 Staff Contact; Philip Sanders Account Code #; Budgeted Amount: _________ Exhibits: 0 Yes DNo AGENDA SUBJECT: ConsiderlDiscussl Action approving an Ordinance amending the Anna City Code of Ordinances by amending Part N, Article 7, Section 1, Garbage Collection Charges. SUMMARY: The new Commercial and Industrial Solid Waste Collection and Disposal Contract with Bradshaw and Son Trash Service establishes a new set of charges that will apply to commercial dumpster and roll-off service. The attached Ordinance amends the City's Code to reflect these new charges. Even with the franchise fee, all current commercial trash customers covered by the new contract will see a decrease in their monthly bills when the contract new charges go into effect on August 1. RECOMMENDATION: Staff recommends approval of the attached Ordinance. ItemNo.~ City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: May 25,2010 Staff Contact: Philip Sanders Account Code #:_________ Budgeted Amount: ____---­Exhibits: 0 Yes DNo AGENDA SUBJECT: Discussion regarding the naming City buildings. SUMMARY: Staff is preparing to place new monuments signs in front of City Hall and the new police/customer service building. Since this new building currently has a duel purpose (police, and utilities/court payments). we would propose to call the building the Municipal Annex and identify the departments or functions housed in the building under the building name. We are requesting that the City Council provide guidance as to their preference in this matter. ItemNo.~ City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: May 25,2010 Staff Contact: Philip Sanders Account Code #: _________ Budgeted Amount: _________ Exhibits: Yes DNo AGENDA SUBJECT: Future Agenda Consideration: Discussion of action necessary to produce a City sponsored July 4th Fireworks display. SUMMARY: Councilmember Glover has requested that an item be placed on a future agenda that would allow the City Council to take action to sponsor and fund a Fireworks display on the evening of July 4th. Potential Council action could involve a Resolution allocating funds for the production of a City of Anna Fireworks display on July 4th. According to the rules previously adopted by the City Council, an item listed under Future Agenda Consideration will be placed on a future Council agenda if at least three (3) Council members vote in favor of a motion to place the item on a future agenda (Resolution 2008-01-04).