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HomeMy WebLinkAboutCCpkt2008-11-10(972) 924-3325 • fax (972) 924-2620 CITY OF ANNA AGENDA N0710E - CITY COUNCIL WORKSHOPICLOSED SESSION November 10, 2008 6:30 p.m. - Anna City Hall Administration Building The City Council of the City of Anna will meet in Workshop Session and Closed Session at 6:30 p.m., Monday, November 10, 2008,(NOTE THE DATE) at the Anna City Hail 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 of proposed Smoking Regulations. (Philip Sanders) 4. Discussion regarding re -zoning certain properties. (Maurice Schwanke) 5. CLOSED SESSION: Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to: a. discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); b. consult with legal counsel on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas dearly 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 I . The Council.1 vote an&m act upoa each of the items listed in ibis aganda 2.' fie Council mse wthe right to entire into executive session concerning any of the isms listed on this egmda, whcaever it is considered necessary and legally justified ,ender the Open Mating Aa 3. Poems with a disability who want to attmsd this msotmg who may aced assistance should contact the City Semmmy at 972924 3325 two woddng days prior to the vueting wthffi appropriate so,sogcmonts can be made. 11-1 Dn8 Regular CC Agenda.doe Post Office Box 776 • Anna, Texas 75409-0776 Posted 11-0M8 (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) d. Personnel: Consider position of City Manager Evaluation. (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. 6. Consider/Discuss/Action regarding adopting an Ordinance canvassing the returns of the City of Anna Special Election held November 4, 2008, to elect one City Council Member, Place 6, to fill the unexpired term and the proposed Amendments to the City of Anna Home Rule Charter, Propositions 1-6. 7. Discussion regarding any item on the City Council's November 10, 2008 Regular Meeting Agenda. 8. Adjourn. __. 9. Reception for New City Council Member. 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., November 7, 2008. Na/� ewe tha Wilkison, City Secretary 1. The ComxB mayvote and/orad upon each of Ne items luted in this agenda 2. The Council reserves the right to mNe into executive sessiomm�ing any of Ne nems 1hted on Nis agenda, whenever it is roasidraed aassary and kgailYjusfdied under the Open Maung Aa 3. Pe w with a disability who want to ffitend this meeting who may mood 8isl8ma should corrtacY the City Secretarya9n924- 3325twowoa6iagda prior to Ne=e0ng so Nat appropriate inarornere can be made 11-10-08 Regular CC Agenda.doc 2 Posted 11-07-08 OF4,V+ 9 Pm's Council Meeting: November 10, 2008 Account Code Budgeted Am, Item No. W.3_ Caryseorot "useonly G~�Y City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Exhibits: ❑ Yes ❑ No AGENDA SUBJECT: Discussion of proposed Smoking Regulations. SUMMARY: I have received requests from Council members to see on a Council agenda an ordinance that restricts smoking in locations to which the public has access. The attached draft is very similar to the restrictions that were adopted by the City of McKinney. After the Council discussion, we will make any necessary revisions to best - reflect the majority opinion of the Council. OM94,, N TEXAS Council Meeting: November 10 2008 Account Code Budgeted Ami Item No. WM City Seoeetery's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Exhibits: ❑ Yes ❑ No AGENDA SUBJECT: Discussion regarding re -zoning certain properties. SUMMARY: Councilman Crist has requested that the City Council discuss the following requests that were made by members of the Master Plan Advisory Committee relative to amendments to our Zoning Ordinance. Ia. Change the zoning on certain planned development residential zones that are not vested and that have not had any activity on them for the last 2 years - for example The Ruddman property, Pecan Grove, Primrose, Skorberg, etc. lb. Attempt to work out zoning changes on the vested properties that have not seen progress in the last 2 years - Most specifically, Anna Ranch 2. A modification of the zoning ordinance to include automatic public hearings on Planned Developments that have not been vested to revert to the previous zone or some other zone. 3. Modification to the zoning and subdivision ordinance to change the median lot size for a development to 8400 sq ft with a minimum lot size of 7200 sq ft. At the time of the discussion, Maurice Schwanke suggested that these issues be considered by the Council after the Master Plan is adopted. This will ensure that what ever changes we undertake are consistent with the entire document. We are requesting direction if there are issues that the Council would like to see addressed prior to final adoption of the Master Plan. Item No. W6 City Sea&aty's usu only Gv�Y OF44, City of Anna Staff Agenda Report TgXaS Council Meeting: 11/10/08 Staff Contact: Clark McCoy Prepared by: Clark McCoy Account Code #: N/A Date Prepared: 11/07/08 _ Budgeted Amount: $ N/A Exhibits: EYes ❑ No AGENDA SUBJECT: Consider(Discuss/Action regarding adopting an ordinance canvassing the returns of the City of Anna Special Election held November 4, 2008, to elect one City Council Member, Place 6, to fill the unexpired term and the proposed Amendments to the City of Anna Home Rule Charter, Propositions 1-6. lu1FYi� urvlw On November 4, 2008, the voters approved the Charter Amendments contained in Propositions 1-6 and elected Becky Glover to fill the unexpired term of Place 6. The attached ordinance satisfies the City Council's duty to canvass the certified election results. RECOMMENDED ACTION: Adopt recommended ordinance. (972) 924-3325 • fax (972) 924-2620 CITY OF ANNA AGENDA NOTICE —CITY COUNCIL REGULAR MEETING November 10, 2008 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., Monday, November 10, 2008, (NOTE THE DATE) at the Anna City Hall Administration Building, located at 111 North Powell Parkway (Hwy 5), to consider the following items. 1. Cali 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 Instate 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. Administer the Oath of Office, Statement of Elected Officer and present Certificate of Election to newly elected official. (Mayor Pelham) 5. Consider/Discuss/Action approving an Ordinance ordering the declaration of certain amendments to the City of Anna, Texas Home -Rule Charter that were approved by the majority of the quailed voters voting at the special charter amendments election on November 4, 2008 and repeating all ordinances in conflict. (Clark McCoy) 6. Recognition of the Public Works Department (Philip Sanders) 7. Consent Items. These items consist of non -controversial or "housekeeping" items required by law. Items maybe considered individually by any Council member making such request prior to a motion and vote on the Consent Items- a. tems a. Approve Minutes of Regular City Council Meeting, October 27, 2008. b. Adopt an Ordinance Annexing the Anna Economic Development Corporation property located west of CR 427 and approximately 900 it south of CR 376. (Maurice Schwanke) I. The C..0 may vote and/or act upon each ofthe items listed iv this agrndn 2. The Camed reserves the right to retire into ezecutive sessiov conccming any of the item listed onthis agenda whrnever itis necessary and legally justified mder the Open Meeting Aa. 3. Persons with a duabilitywho want to attend tlds rawtingwho may need assistmce stwuld contactthe City Sax u, a 9zi 924- 3325 twoworldng days primes the meeting w that appropriate arrmgements can he made. I1-10-08 Regular CC Agenda.doc 3 Pasted 11-07-08 Post Office Box 776 • Anna, Texas 75409-0776 c. Consider/Discuss/Action regarding approving a Resolution regarding an Interlocal Agreement with Collin County for construction of Natural Springs Park. (Maurice Schwanke) d. Consider/Discuss/Action regarding approving Change Orders 1, 2, and 3 for the Anna -Melissa Sewer Interceptor Phase II Project. (Philip Sanders) e. Consider/Discuss/Action regarding approving Change Order 1 for the Anna -Melissa Sewer Interceptor Phase III Project. (Philip Sanders) f. Consider/Discuss/Action to authorize the solicitation of bids for a fire rescue vehicle. (Philip Sanders) 8. Consider/Discuss/Action to reschedule adoption of an ordinance authorizing the Issuance of combination tax and revenue certificate of obligation. (Philip Sanders) 9. Consider/DiscusslAction regarding appointing Place 2 and Place 5 of the Park Board to fill Vacancies. (City Council) 10. Consider/Discuss/Action regarding appointing Place 3 of the Board of Adjustment. (City Council) 11. Consider/Discuss/Action on any items listed on posted agenda for November 10, 2008 City of Anna Workshop Session and Closed Session, or any closed session occurring during this Regular Meeting, as necessary. 12. 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., November 7, 2008. N a Wilkison, City Secretary I. The Cowoit may vote and/or aanpon each o£Nc items listed N this agenda 2. 1'he Council roserves Ne right m reihe rLta executive sossion covceming vq ofihe items listed on this ageMa, whe,cever d ie considered necessary and Iegailyj.s d under the Oreo Mcetivg Act 3. Persons M& a di ahilay wim want to attend Nis meeting who may need assiaance should cu.mdit City Secretary at 924- 3325two workingdays piortothe meeting so the aDProrriate a gement,i=b made. 11-10.08 Regular CC Agenda.dm 4 Posted 11074)8 j OFq_y ry9 TEXAS Council Meeting: November 10, 2008 Item No.4 City3eaear .only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Account Code #: Budgeted Amount: Exhibits: O Yes O No AGENDA SUBJECT: Administer the Oath of Office, Statement of Elected Officer and present Certificate of Election to newly elected official. (Mayor Pelham) SUMMARY: STAFF RECOMMENDATION: Item No. 5 City Secretary's ase only Ov,N OF44,, y City of Anna Staff Agenda Report FEXhS Council Meeting: 11/10/08 Staff Contact: Clark McCoy Prepared by: Clark McCoy Account Code #: N/A Date Prepared: 11./07/08 Budgeted Amount: $ N/A Exhibits: NYes ❑ No AGENDA SUBJECT: Consider/Discuss/Action approving an Ordinance ordering the declaration of certain amendments to the City of Anna, Texas Home -Rule Charter that were approved by the majority of the qualified voters voting at the special charter amendments election on November 4, 2008 and repealing all ordinances in conflict. SUMMARY: On November 4, 2008, the voters approved the Charter Amendments contained in Propositions 1-6. In addition to canvassing the results of an election for Charter Amendments, the City Council is required to enter an order that makes the amendments effective. Specifically, Tex. Loc. Gov't Code § 9.005 states that any amendments approved by the voters do not take effect until the governing body of the municipality enters an order in the records of the municipality declaring that the charter or amendment is adopted. The attached ordinance satisfies this requirement and makes the amendments described in propositions I-6 effective as of the adoption of the ordinance. ACTION: Adopt recommended ordinance. Council Meeting: November 10, 2008 Account Code Budgeted Arm Item No. b Gty Se.Wry's. omy City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Exhibits: O Yes ❑ No AGENDA SUBJECT: Recognition of the Public Works Department. SUMMARY: Our Public Works Department employees routinely perform work on behalf of the City and its citizens that often goes unnoticed. For example, during the past several months employees have repaired numerous water leaks often late into the evening and at night in order to minimize any interruption to water service. The Department was very instrumental in making sure that the new Slayter Creek Park was ready for the ribbon cutting last month. Because the work performed by .these employees in so important and often goes unnoticed, I want to publically extend to them the appreciation of the City for their service. OFAN )*A* Tms's Council Meeting: November 10 2008 Account Code Budgeted Am< Item No.7 City Sec dvy's.m Wy City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Exhibits: ❑ Yes ❑ No 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 Minutes of Regular City Council Meeting, October 27, 2008. b. Adopt an Ordinance Annexing the Anna Economic Development Corporation property located west of CR 427 and approximately 900 ft south of CR 376. (Maurice Schwanke) c. Consider/Discuss/Action regarding approving a Resolution regarding an Interlocal Agreement with Collin County for construction of Natural Springs Park. (Maurice Sehwanke) d. Consider/Discuss/Action regarding approving Change Orders 1, 2, and 3 for the Anna -Melissa Sewer Interceptor Phase II Project. (Philip Sanders) e. Consider/Discuss/Action regarding approving Change Order 1 for the Anna -Melissa Sewer Interceptor Phase III Project. (Philip Sanders) f. Consider/Discuss/Action to authorize the solicitation of bids for a fire rescue vehicle. (Philip Sanders) SUMMARY: STAFF RF,COMMENDATION: Motion to approve the consent items. Item No. `k_ CRY S«��y.omy Gx�X OF44ry -- City of Anna Staff Agenda Report TEXAS Council Meeting: 11/10//08 Staff Contact: Maurice Sehwanke Prepared by: Tana Ross Account Code #: N/A Date Prepared: 11/05/08 Budgeted Amount: $ N/A Exhibits: WYes ❑ No AGENDA SUBJECT: Adopt an Ordinance Annexing the Anna Economic Development Corporation property located west of CR 427 and approximately 900 It south of CR 376. SUMMARY: This tract being requested for annexation is property owned by Anna Economic Development Corporation. The first public was held at the Council meeting of September 18, 2008 and a second public hearing was held on October 14, 2008. The tract is adjacent to the Current City Limits and cast of the railroad tract, located between but not adjacent to NorthPointe Crossing and Sweetwater Crossing Subdivisions. PLANNING AND ZONING COMMISSION ACTION: (If a P & Z Item) N/A ACTION: Approval of Annexation Ordinance Item No. ,9C,_ Cay S..tar 's use Duty wax oeAyN City of Anna Staff Agenda Report 1gXA5 Council Meeting: 11/10//08 Staff Contact: Maurice Schwanke Prepared by: Maurice Sehwanke Account Code #: N/A Date Prepared: 11/05/08 Budgeted Amount: $ N/A F;xhibits: ■Yes ❑ No AGENDA SUBJECT: Consider/Discuss/Action regarding approving a Resolution regarding an Interlocal Agreement with. Collin County for construction of Natural Springs Park. SUMMARY: The City has received a grant for $400,000 to implement phase I of Natural Springs Park from Collin County. The Interlocal agreement establishes the procedure and guidelines for implementation. The Staff would like to proceed on this project as soon as possible. RECOMMENDED ACTION: Approval of the Interlocal Agreement Council Meeting: November 10. 2001 Account Code Budgeted Am< Item No. 9L City se,ntwy , use Wy City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Exhibits: El Yes ❑ No AGENDA SUBJECT: Consider/Discuss/Action regarding approving Change Orders 1, 2, and 3 for the Anna -Melissa Sewer Interceptor Phase 1I Project. SUMMARY: The (heater Texoma Utility Authority (GTUA) is requesting that the City approve three (3) change orders to the construction contract for the Anna -Melissa Sewer Interceptor Phase II. This project involves the construction of a major sewer trunk line - that will be used by the Cities of Anna and Melissa for the transport of untreated wastewater to the North Texas Municipal Water System wastewater treatment plant The three (3) change orders will reduce the overall construction cost by $71,657.90. An explanation of each change order is included in the attached memos from Jerry Chapman, the General Manager of GUTA. Staff recommends approval of these change orders. Council Meeting: November 10. 2008 Item No. `�f' City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Account Code#: Budgeted Amount:_,____,__. Exhibits: ❑ Yes ❑ No AGENDA SUBJECT: Consider/Discuss/Action regarding approving Change Order I for the Anna -Melissa Sewer Interceptor Phase III Project. SUMMARY: The Greater Texoma Utility Authority (GTUA) is requesting that the City approve Change Order 1 to the construction contract for the Anna -Melissa Sewer Interceptor Phase I11. This project involves the construction of a major sewer trunk line that will be used by the Cities of Anna and Melissa for the transport of untreated wastewater to the North Texas Municipal Water System wastewater treatment plant. This change order will reduce the overall construction cost by $48,200. An explanation is included in the attached memo from Jerry Chapman, the General Manager of LUTA. RECOMMENDATION: Staff recommends approval of this change order. �BXy 0Rq�� TEXAS Council Meeting: November 10 2008 -Account Code Budgeted Ami Item No. (tiry Scaexary's usconly City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Exhibits: 0 Yes 0 No AGENDA SUBJECT: Consider/Discuss/Action to authorize the solicitation of bids for a fire rescue vehicle SUMMARY: To help establish appropriate fire insurance premiums for residential and commercial properties, insurance companies need reliable, up-to-date information about a municipalities fire protection services, Insurance Services Office, Inc.. (ISO) is the - principal and most precise provider of this information. A lower ISO rating will result in a reduction of home owner and commercial insurance premiums for our citizens and businesses. Earlier this year the City in cooperation with the Anna Volunteer Fire Department initiated a process to review and hopefully reduce the Cities ISO rating. The purchase of fully equipped rescue truck will substantially help this effort. The vehicle will be financed by the Fire Department and owned by the City. Annual payments for the vehicle will be made from the Capital money we provide the Fire Department in their annual budget. We estimate the total cost to be between $80,000 and $90,000. The City's purchasing rules require the City Council to authorize the solieintion of bids for items over $50,000. RECOMMENDATION: Staff recommends approval of these change orders. Council Meeting: November 10, 2008 Account Code Budgeted Ami Item No. _$ _ Ot, Secretary's osconly City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Exhibits: ❑ Yes ❑ No AGENDA SUBJECT: Consider/Discuss/Action to reschedule adoption of an ordinance authorizing the Issuance of combination tax and revenue certificate of obligation. SUMMARY: The Texas Water Development Board has asked that we delay issuance of bonds refunding a portion of our utility debt until after the first of the year. As a result it is necessary for the City Council to reschedule adoption of the ordinance authorizing the issuance of certificates of obligation until January 13. When that item is reached on the agenda, a motion should be made substantially as follows: "Move to reschedule adoption of the ordinance authorizing the issuance of certificates of obligation to the January 13, 2008 City Council meeting, scheduled to begin at 7:30 p.m. at the City Hall Administration Building" Council Meeting: November 10 AM Account Code Budgeted Amt Item No.2 City secretary's use Owy City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Exhibits: ❑ Yes ❑ No AGENDA SUBJECT: Consider/Discuss/Action regarding appointing Place 2 and Place 5 of the Park Board to fill vacancies. (City Council) SUMMARY: John Loyd and Deborah Dennis have submitted letters of resignation. Copies of current applicant's applications are in your packet for review. STAFF To appoint a person to fill Place 2 and a person to fill Place 5 of the Park Board. Council Meeting: November 10, 2008 Account Code Budgeted Ann Item No. /0 city�'suwo y City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Exhibits: ❑ Yes ❑ No AGENDA SUBJECT: Consider/Discuss/Action regarding appointing Place 3 of the Board of Adjustment to fill a vacancy. (City Council) SUMMARY: Deborah Dennis has submitted a letter of resignation. STAFF RECOMMENDATION: To appoint a person to fill Place 3 of the Board of Adjustment.