HomeMy WebLinkAbout2012-04-24 Workshop & Regular Meeting PacketY{OUR} ii0ffiETOW N
CITY OF ANNA AGENDA NOTICE -CITY COUNCIL WORKSHOP
April 24, 2012
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., April
24, 2012, 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 support for National Planetary Exploration funding
awareness effort. (Council Member Crist)
4. 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).
b. Personnel Matters: City Attorney Annual Evaluation. (Tex. Gov't Code
§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.
5. Discussion regarding any item on the City Council's April 24, 2012
Regular Meeting Agenda Notice, which was posted at the same date, time and
place of this Workshop Agenda Notice.
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.
04-24-12 CC Regular Meeting Agenda.doc 1 Posted 04-20-12
6. 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., April 20, 2012.
�CA'� 7it%Gt�t2
Natha Wilkison, City Secretary
l .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.
04-24-12 CC Regular Meeting Agenda.doc 2 Posted 04-20-12
1
Y{OUR} HOMETOW N
CITY OF ANNA AGENDA NOTICE —CITY COUNCIL REGULAR MEETING
April 24, 2012
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., Apri124,
2012, at the Anna City Hall Administration Building, located at III 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 turn 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 rninzztes to speak. The Cozzncil is unable
to respond to or discuss any issues that are brought zip 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, congratz�lations, 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 statzzs 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 safely of people in the municipality that has arisen after the
posting of the agenda.
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.
04-24-12 CC Regular Meeting Agenda.doc 3 Posted 04-2042
5. Consent Items. These items consist T non -controversial or "housekeeping" items
required by lau). 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 Minutes for March 295 2012 Regular Meeting.
b. Approve the "Yougas Property" development plat.
c. Review P & Z Minutes for January 3, 2012 Regular Meeting.
d. Review P & Z Minutes for February 6, 2012 Regular Meeting.
e. Review P & Z Minutes for March 20, 2012 Special Meeting.
6. (a) Public Hearing: to conduct a public hearing to consider levying assessments
on the property within the FM 455 Median Break Public Improvement District:
(City Manager)
(b) Consider/Discuss/Action adopting an Ordinance levying assessments on the
property within the FM 455 Median Break Public Improvement District. (City
Manager)
7. (a) Public Hearing: To consider public comment on an ordinance of the city of
Anna, Texas, amending the Anna City Code of Ordinances by amending Part II,
Article III by adding regulations related to alcoholic beverages; by amending Part
III-C, Zoning Ordinance, Section 34.12 regulating location and uses related to
sale of alcoholic beverages. (Maurice Schwanke)
(b) Consider/Discuss/Action adopting an ordinance of the city of Anna, Texas,
amending the Anna City Code of Ordinances by amending Part II, Article III by
adding regulations related to alcoholic beverages; by amending Part III-C, Zoning
Ordinance, Section 34.12 regulating location and uses related to sale of alcoholic
beverages. (Maurice Schwanke)
To consider public comment regarding an ordinance of the City of Anna,
Texas, amending the Anna City Code of Ordinances, by amending Part III-C;
Zoning Ordinance, Section 4 Definitions and Section 35 Supplemental District
Regulations; by adding Section 35.04; a, b, and c,
regarding a Waiver of Strict
(b) Consider/Discuss/Action adopting an ordinance of the City of Anna, Texas,
amending the Anna City Code of Ordinances, by amending Part III-C; Zoning
Ordinance, Section 4 Definitions and Section 35 Supplemental District
Regulations; by adding Section 35.04; a, b, and c, regarding a Waiver of Strict
Compliance of masonry content or definition for regionally or nationally
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.
04-24-12 CC Regular Meeting Agenda.doc 4 Posted 04-20-12
recognized commercial trademark architectural design of structures. (Maurice
Schwanke)
9. Consider/Discuss/Action approving a Resolution regarding a waiver to the
masonry regulations. (Maurice Schwanke)
10. (a) Public Hearing: to consider public comment on an ordinance of the City of
Anna, Texas regarding regulations for Itinerant Vendors. (Maurice Schwanke)
(b) Consider/Discuss/Action adopting an Ordinance of the City of Anna, Texas
regarding Regulations for Itinerant Vendors. (Maurice Schwanke)
11. Hold a Public Hearing and take appropriate action regarding the 2012 consumer
price index (CPI) adjustment to municipal telecommunications right -of --way
access line rates. (City Manager)
12. Consider/Discuss/Action regarding a Resolution approving an agreement with
Anna Fire and Rescue Auxiliary Association, Incorporated, for the transfer of
furnishings and equipment in exchange for the purchase of furnishings and
equipment for the fire station. (Chief Roma)
13. Consider/Discuss/Action adopting an Ordinance amending Ordinance No. 514-
2010, as amended regarding emergency management procedures. (City Attorney)
14. 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).
b. Personnel Matters: City Attorney Annual Evaluation. (Tex. Gov't Code
§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 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 wider 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.
04-24-12 CC Regular Meeting Agenda.doc 5 Posted 04-20-12
15. Consider/Discuss/Action on any items listed on posted agenda for April 24, 2012
City of Anna Workshop Session or any closed session occurring during this
Regular Meeting, as necessary.
16. 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., April 20, 2012.
Natha Wilkison, City Secretary
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 912 924-
3325 two working days prior to the meeting so that appropriate arrangements can be made.
04-24-12 CC Regular Meeting Agenda.doc 6 Posted 04-20-12
Item No. 3 WS
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
X{OUii} HON[ETOW N
Council Meeting: April 24, 2012 Staff Contact:
Account Code #:
Budgeted Amount: Exhibits: ❑ Yes ❑ No
AGENDA SUBJECT: Discussion regarding support for National Planetary Exploration
funding awareness effort (Councilman Crist)
SUMMARY: Councilman Crist would like to discuss possible support for a national event
designed to raise awareness for NASA's National Planetary Exploration programs.
http://www.boulder.swri.edu/con/June9/PlanetaryCarWash.html
Y{OUR} IiOMETOWN
Council Meeting: April 24, 2012
Account Code #: N/A
Budgeted Amount: N/A
AGENDA SUBJECT:
SUMMARY:
RECOMMENDATION:
Call to order.
Item No.1
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Phili�Sanders
Date Prepared: 4-19-12
Exhibits: ❑Yes ❑ No
l
Council Meeting: Apri124, 2012
Account Code #: N/A
Item No. 2
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Philip Sanders
Date Prepared: 4-19-12
Budgeted Amount: N/A Exhibits: ❑Yes
AGENDA SUBJECT: Invocation and Pledge of Allegiance.
SUMMARY:
RECOMMENDATION:
❑ No
iiOMETOWN
Council Meeting: April 24, 2012
Account Code #: N/A
Budgeted Amount: N/A
Item No. 3
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Philip Sanders
Date Prepared: 4-19-12
Exhibits: ❑Yes ❑ No
AGENDA SUBJECT: 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.
SUMMARY:
RECOMMENDATION:
l
Council Meeting: Apri124, 2012
Account Code #: N/A
Budgeted Amount: N/A
Item No. 4
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Philip Sanders
Date Prepared: 4-19-12
Exhibits: ❑Yes ❑ No
AGENDA SUBJECT: 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.
SUMMARY:
RECOMMENDATION:
Council Meeting: Apri124, 2012
Account Code #: N/A
Budgeted Amount: N/A
Item No.S La - e
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Philip Sanders
Date Prepared: 4-20-12
Exhibits: ❑Yes ❑ No
AGENDA SUBJECT: Consent Items. These items consist of non-contiove�°sial of•
'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 Minutes for March 29, 2012 Regular Meeting.
b. Approve the "Yougas Property" development plat.
c. Review P & Z Minutes for January 3, 2012 Regular Meeting.
d. Review P & Z Minutes for February 6, 2012 Regular Meeting.
e. Review P & Z Minutes for March 20, 2012 Special Meeting.
RECOMMENDATION: Staff recommends approval of the consent items.
MINUTES OF
CITY OF ANNA AGENDA NOTICE - CITY COUNCIL WORKSHOP
March 29, 2012
6:30 p.m. —Anna City Hall Administration Building
The City Council of the City of Anna met in Workshop Session at 6:30 p.m., March 295
2012, at the Anna City Hall Administration Building, located at III North Powell
Parkway (Hwy 5), regarding the following items.
1. Call to Order.
Mayor Darren R. Drislcell called the meeting to order at 6:42 pm.
2. Roll Call and Establishment of Quorum.
Present were Mayor Darren R. Driskell and Council Members John Geren,
Marc Hendricks and Becky Glover. Council Member Crist arrived in time
for the 7:30 regular meeting. Council Members Kevin Anderson and Keith
Green were absent.
Mayor Drislcell made the motion to enter closed session at 6:44 pm.
Council Member Geren seconded the motion. Motion passes.
AYE 4
NAY 0
ABSTAIN 0
3. 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
gation 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);
Danielle Budow v. State of Texas, Cause No. 296-04555-2011 in the
296'h District Court of Collin County, Texas; discussion regarding the
2010 CDBG Contract; discussion regarding ballot propositions.
b. Personnel Matters: City Attorney Annual Evaluation. (Tex. Gov't
Code §551.074).
c. Discuss or deliberate Economic Development Negotiations: (1) To
discuss or deliberate regarding commercial or financial information
that the Board of Directors has received from a business prospect that
the Board of Directors seeks to have locate, stay, or expand in or near
the territory of the City of Anna and with which the Board is
03-29-12 CC Regular Meeting Minutes.doc I 03-29-12
conducting economic development negotiations; or (2) To deliberate
the offer of a financial or other incentive to a business prospect
described by subdivision (1). (Tex. Gov't Code §551.087) future
development on FM 455 near Ferguson Pkwy.
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.
Mayor Driskell made the motion to return to open session at 6:57 pm.
Council Member Glover seconded the motion. Motion passes.
AYE 4
ABSTAIN 0
4. Discussion regarding any item on the City Council's March 29, 2012
Regular Meeting Agenda Notice, which was posted at the same date, time
and place of this Workshop Agenda Notice.
No discussion.
5. Adjourn.
Mayor Driskell made the motion to adjourn at 6:58 pm. Council Member
Hendricks seconded the motion. Motion passes.
AYE 4 NAY 0 ABSTAIN 0
ATTEST: APPROVED:
Natha Wilkison, City Secretary
03-29-12 CC Regular Meeting Mimrtes.doc 2
Darren R. Driskell, Mayor
03-29-12
MINUTES OF
CITY OF ANNA AGENDA NOTICE — CITY COUNCIL REGULAR MEETING
March 29, 2012 7*30 p.m. — Anna City Hall Administration Building
The City Council of the City of Anna met in Regular Session at 7:30 p.m., March 29,
2012, at the Anna City Hall Administration Building, located at 111 North Powell
Parkway (Hwy 5), to considerthe following items.
Welcome to the City CoZmcil 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 turn it in to the City Secretary before the
meeting starts.
1. Call to Order.
Mayor Darren R. Drislcell called the meeting to order at 7:30 pm.
2. Invocation and Pledge of Allegiance.
Mayor Drislcell gave the invocation.
3. Citizen comments. Citizens ar•e 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.
Kaylee Young with the Young Leaders of Anna Organization spoke to council.
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
honorafy 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.
The May 12, 2012 Election and the Greater Anna Chamber of Commerce Golf
Tournament was mention. Mayor Drislcell read a proclamation recognizing the
Young Leaders of Anna organization.
03-29-12 CC Regular Meeting Minutes.doc 3 03-29-12
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 Minutes for February 28, 2012 Regular
Meeting.
b. Approving a Resolution regarding an Interlocal Agreement for
Arson Task Force. (Chief Roma)
c. Approve a Resolution to authorize the EDC to sign a waiver of
rights under the performance agreement with Image Vision Labs.
(Jessica Perkins)
d. Approve a Resolution to authorize the EDC to hire a facilitator to
conduct a strategic planning session. (Jessica Perkins)
e. Approve a Resolution to authorize the EDC to hire a CPA to
complete IRS form 990. (Jessica Perkins)
f. Approve a Resolution to authorize the CDC to hire a CPA to
complete IRS form 990. (Jessica Perkins)
g. Approve EDC Minutes for February 2, 2012 Regular Meeting and
EDC Minutes for December 1, 2011 Regular Meeting. (Jessica
Perkins)
h. Approve CDC Minutes for February 2, 2012 Regular Meeting.
(Jessica Perkins)
i. Authorize City Staff to solicit bids for the 2012 street
rehabilitation project. (James Parkman)
j. Authorize City Staff to solicit bids for the FM 455 utility
relocation project. (James Parkman)
k. Approve a Resolution authorizing payment and reimbursement
for Council Member travel and training expenses. (Natha
Wilkison)
Council Member Crist made the motion to approve. Council Member Hendricks
seconded the motion. Motion passes.
NAY 0
' h 1
6. Presentation and approval of the 2011 Fiscal Year Audit. (Clayton Fulton)
Clayton Fulton, Director of Finance introduced Auditor Rod Abbott who
presented the 2011 Fiscal Year Audit. Council Member Geren made the motion to
approve. Council Member Glover seconded the motion. Motion passes.
AYE 5
NAY 0
ABSTAIN 0
03-29-12 CC Regular Meeting Minutes.doc 4 03-29-12
7. (a) Public Hearing: To consider public comment regarding an ordinance
amending the City's comprehensive plan, zoning map and zoning ordinance
and changing the zoning of certain property. Millenium TLC Enterprises
LLC, owner(s) of property, is requesting a zoning change to Planned
Development (PD) zoning to provide for Downtown Redevelopment District
with a Specific Use Permit (SUP) for apartments/condominiums above the
first floor on the subject tract. The property is currently zoned as Single
Family Residential (SF) and Restricted Commercial (Cl) zoning. The
property is located at 205 N. Powell Pkwy. (Maurice Schwanke)
Maurice Schwanlce, Director of Planning and Development present the item to
council. Mayor Driskell opened the public hearing at 7:54 pm. Howard Durfee
expressed his concerns with this project. Ronald Banberg expressed his concerns
with this zoning. Mayor Driskell closed the public hearing at 7:58 pm.
(b) Consider/Discuss/Action adopting an Ordinance amending the City's
Comprehensive Plan, Zoning Map and Zoning Ordinance and changing the
zoning of certain property. The owner(s) is requesting a zoning change to
Planned Development (PD) zoning to provide for Downtown Redevelopment
District with a Specific Use Permit (SUP) for apartments/condominiums
above the first floor on the subject tract. The property is currently zoned as
Single Family Residential (SF) and Restricted Commercial (Cl) zoning. The
property is located at 205 N. Powell Pkwy. (Maurice Schwanke)
Maurice Schwanlce, Director of Planning and Development answered questions
from council members. Council Member Crist made the motion to approve.
Council Member Glover seconded the motion. Motion passes.
AYE 5
ABSTAIN 0
8. Consider/Discuss/Action approving Agave Azul Plaza Site and Landscape
Plans.(Maurice Schwanke)
Maurice Schwanke, Director of Planning and Development present the item to
council. Council Member Crist made the motion to approve. Council Member
Glover seconded the motion. Motion passes.
AYE 5
NAY 0
ABSTAIN 0
9. Consider/Discuss/Action regarding a Resolution appointing primary,
secondary, and administrative representatives on the TEX-21 coalition. (City
Manager)
City Manager, Philip Sanders presented the item to council. Council Member
Crist made the motion to approve the Primary Member Representative as the
Mayor; the Mayor Pro Tern as the Secondary Member Representative; and the
03-29-12 CC Regular Meeting Minutes.doc 5 03-29-12
City Manager as the Administrative Member Representative, Council Member
Geren seconded the motion. Motion passes.
AYE 5
NAY 0
ABSTAIN 0
10. Consider/Discuss/Action approving a Resolution regarding funding for
median break and driveway improvements on FM 455. (City Manager)
City Manager, Philip Sanders presented the item to council and answered
questions. Council Member Crist made the motion to approve. Council Member
Glover seconded the motion. Motion passes.
AYE 5
NAY 0
ABSTAIN 0
11. Consider/Discuss/Action adopting a resolution authorizing and creating the
FM 455 Median Break Public Improvement District and setting forth
procedures and methods and making provisions for notices relating to said
District. (City Manager)
City Manager, Philip Sanders presented the item to council. Nancy Underwood
spoke in favor of this item. Johnny Bratcher spoke in favor of this item. Mayor
Driskell made the motion to approve. Council Member Geren seconded the
motion. Motion passes.
AYE 5
NAY 0
12. Consider/Discuss/Action adopting an Ordinance regarding declaring an
Ofiicial newspaper of general circulation in the City. (City Manager)
City Manager, Philip Sanders presented the item to council and answered
questions from council members. Council Member Glover made the motion to
approve. Council Member Crist seconded the motion. Motion passes.
AYE 5
NAY 0
ABSTAIN 0
13. Consider/Discuss/Action regarding an Ordinance amending Ordinance No.
514-2010, regarding emergency management procedures and the
Comprehensive Emergency Management Plan. (Chief Roma)
City Manager, Philip Sanders presented the item to council to approve only the
section of the Comprehensive Emergency Plan amending to include the Collin
County Emergency Operations Plan. Council Member Crist made the motion to
enter into closed session. Council Member Glover seconded the motion. Motion
fails.
AYE 2 (CM Crist and Glover)
03-29-12 CC Regular Meeting Minutes.doc 6 03-29-12
NAY 3 (CM Geren, Hendricks and Mayor Driskell)
ABSTAIN 0
Discussion returned to amending the section designating the Emergency
Management Coordinator who will have primary responsibility to oversee the
City's operational response to a local emergency. Council Members had trouble
having someone not from the City in this position and wanted to know their
options to remedy the situation. Council Member Crist made the motion to amend
only sections 5 and 6. Council Member Geren seconded the motion. Motion
passes.
AYE 3 (CM Crist, Geren and Glover)
NAY 2 (CM Hendricks and Mayor Driskell)
ABSTAIN 0
Council Members directed City Attorney, Clark McCoy to draft an ordinance
limiting the pool of qualified applicants in which the Mayor may appoint as the
Emergency Management Coordinator.
14. 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);
Danielle Budow v. State of Texas, Cause No. 296-04555-2011 in the
296t" District Court of Collin County, Texas; discussion regarding the
2010 CDBG Contract; discussion regarding ballot propositions.
b. Personnel Matters: City Attorney Annual Evaluation. (Tex. Gov't
Code §551.074).
c. Discuss or deliberate Economic Development Negotiations: (1) To
discuss or deliberate regarding commercial or financial information
that the Board of Directors has received from a business prospect that
the Board of Directors seeks to have locate, stay, or expand in or near
the territory of the City of Anna and with which the Board is
conducting economic development negotiations; or (2) To deliberate
the offer of a financial or other incentive to a business prospect
desct ibed by subdivision (1). (Tex. Gov't Code §551.087) future
development on FM 455 near Ferguson Pkwy.
03-29-12 CC Regular Meeting Minutes.doc 7 03-29-12
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.
15. Consider/Discuss/Action on any items listed on posted agenda for March 29,
2012 City of Anna Workshop Session or any closed session occurring during
this Regular Meeting, as necessary.
Council Member Crist made the motion to
Hendricks seconded the motion. Motion passes,
AYE 5 NAY 0
16. Adjourn.
take no action. Council Member
Mayor Drislcell made the motion to adjourn at 8:52 pm. Council Member Crist
seconded the motion. Motion passes.
AYE 5 NAY 0 ABSTAIN 0
ATTEST: APPROVED:
Natha Wilkison, City Secretary
Darren R. Driskell, Mayor
03-29-12 CC Regular Meeting Mimrtes.doc 8 03-29-12
IiOMETOWN
Council Meeting: Apri124, 2012
Account Code #: N/A
Budgeted Amount:
AGENDA SUBJECT:
N/A
Item No. 5 (b)
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Maurice Schwanke
Date Prepared: 04/18/12
Exhibits: ■Yes ❑ No
Approve "Yougas Property" development plat.
SUMMARY: This development plat is within Anna's ETJ and is located east of County
Road 425 and north of FM 2862. The plat meets our expectations and is recommended
for approval.
PLANNING AND ZONING ACTION: The Planning and Zoning Commission
recommended approval of the development plat at their meeting on April 2, 2012. The
vote was unanimous.
RECOMMENDED ACTION: Approval of the development plat.
Item No. 5(b)_
City Secretary's use only
Item No. 5 (b)
City Secretary's use only
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MINUTES
PLANNING AND ZONING COMMISSION
REGULAR MEETING
January 3, 2012
The Planning and Zoning Commission of the City of Anna held it regular meeting on Tuesday,
January 3, 2012, at 7:00 p.m., at the Community Room of the Anna City Hall Administration
Building located at 111 North Powell Parkway (Hwy 5), to consider the following items.
1. Call to order and establishment of quorum.
The meeting was called to order at 7:10 p.m. by Commissioner Member Mr. Musemeci.
Members present were Louis Musemeci, Justin Burr, Rick Skotzke and Darrin Colombo.
Maurice Schwanke, Tana Ross and Kevin Anderson, city council liaison was present.
Aaron Towner, Jennifer Strange and Tony Halsell were absent.
2. Invocation and Pledge of Allegiance.
Mr. Schwanke gave the invocation and led the Pledge of Allegiance.
3. Consider/Discuss/Act on recommendation regarding a re -plat of the "Affi
Addition".
Mr. Schwanke gave a presentation regarding the "Affi Addition" re -plat. The Affi Addition is a
re -plat to move the existing lot line between lot 1-R and lot 2 to the west approximately
38.2 feet to accommodate the pending sale of the eastern portion of the tract. Mr.
Schwanke noted that the staff is in support of the re -plat and would recommend its
approval.
A motion was made by Mr. Skotzke to approve the "Affi Addition" re -plat. Mr. Burr
seconded the motion. The vote was unanimous.
4. (a) Public Ilearing: To consider public comment on a request by Bloomfield
Homes, owners) of property, requesting changes to a Planned Development zoning
district by amending the existing Planned Development (PD) Ordinance Number
133-2004 (PD) within Tract B of the original (PD) to amend the minimum front yard
setback to twenty feet (20') and the minimum lot depth to be one hundred and ten
feet (110') on area described in Exhibit A. The subject property is located adjacent
to the West Crossing Subdivision, south of Hackberry and west of Slayter Creek.
The Public Hearing was opened at 7:12 p.m. Mr. Schwanke gave a presentation and
answered questions from the commission. Bloomfield homes submitted this request to
adjust the front setback and lot depth to allow more freedom in the placement of homes
while increasing the back yards of the lots. The majority of these lots will have an open
space area behind them. The minimum lot size will remain the same (7,200 sq. ft.).
Adjacent to Tract B of the development in Tract C and D the front setbacks are already
20 feet. These setbacks have not deterred the quality of the housing product that has been
PZC Minutes 01-0342.doc Page 1 of 2 01-03-12
constructed. He noted that it is anticipated that Phase II of West Crossing will be
populated with Bloomfield's larger units. The staff is in support of this request.
David Tipton from Tipton Engineer, representative for Bloomfield Homes, was present and
answered questions from the commission.
Mary Kermath, resident at 813 Honeywell, adjacent to subject property, was in opposition to the
zoning request.
The Public Hearing closed at 7:22 p.m.
(b) Consider/Discuss/Act on recommendation regarding an ordinance amending the
City's comprehensive plan, zoning map and zoning ordinance and changing the
zoning of certain property. The owner(s) is requesting changes to the Planned
Development zoning by amending the existing Planned Development (PD)
Ordinance Number 133-2004 (PD) to amend the minimum front yard setback to
twenty feet (201) and the minimum lot depth to be one hundred and ten feet (1101)
on area described in Exhibit A. The subject property is located adjacent to the West
Crossing Subdivision, south of Hackberry and west of Slayter Creek.
A motion was made by Mr. Burr to approve the zoning request. Mr. Skotzke seconded
the motion. The vote was unanimous.
5. Consider action to approve Minutes of the November 7, 2011 meeting.
A motion was made by Mr. Burr to approve the Minutes of the November 7, 2011 meeting.
Mr. Skotzke seconded the motion which passed by the following vote: 3 aye l abstained
(Colombo)
6. Adjourn
There being no further business, a motion was made by Mr. Skotzke, seconded by Mr. Burr to
adjourn meeting. 1 he meeting adjourned at 7:25 p.m.
i
Maurice Schwanke
Director of Planning and Development
ATTEST:
PZC Minutes 01-03-12.doc Page 2 of 2 01-03-12
MINUTES
PLANNING AND ZONING COMMISSION
REGULAR MEETING
February 6, 2012
The Planning and Zoning Commission of the City of Anna held its regular meeting on Monday,
February 6, 2012, at 7#00 p.m., at the Community Room of the Anna City Hall Administration
Building located at I I I North Powell Parkway (Hwy 5), to consider the following items.
1. Call to order and establishment of quorum.
The meeting was call to order at 7:00 p.m. by Chairman Halsell. Members present were Tony
Halsell, Louis Musemeci, Rick Skotzke, Jennifer Strange and Justin Burr. Darrin Colombo was
absent. Staff present was Maurice Schwanke. Becky Glover, city council member was also
present.
2. Invocation and Pledge of Allegiance.
Mr. Schwanke gave the invocation and led the Pledge of Allegiance.
3. Consider/Discuss/Act on recommendation regarding site plan for "Premier Pawn of
Texas".
Ms. Schwanke gave a presentation regarding the "Premier Pawn of Texas" site plan. He
noted that Premier Pawn has found a need for additional storage of received goods. They
pIan on accomplishing this in a two phase manner. The area identified as phase II (Phase
I is the existing building) will be connected to the existing structure with access from the
interior of Phase I. The structure will have an exterior brick matching the existing
building. Phase III will convert the existing masonry dumpster enclosure to additional
storage. No dumpster is currently used on site. All trash is by supplied waste containers
placed at curb. He also noted that the staff is in support of this application.
A motion was made by Mr. Musemeci to approve the site plan. Mr. Slcotzlce seconded
the motion. The vote was unanimous.
4. Consider action to approve Minutes of the January 3, 2012 meeting.
A motion was made by Mr. Burr to approve Minutes of the February 6, 2012 meeting. Mr.
Skotzke seconded the motion. The vote was unanimous.
5. Adjourn
There being no fiuther business, a motion was made by Mr. Burr, seconded by Mr. Skotzke to
adjourn meeting. The meeting adjourned at 7:10 p.m.
ATTEST:
PZC Minutes 02-06-12.doc
Page 1 of 1
Maurice Schwanke
Director of Planning and Development
02 -03-12
MINUTES
PLANNING AND ZONING COMMISSION
SPECIAL MEETING
MARCH 20, 2012
The Planning and Zoning Commission of the City of Anna held a special meeting on Tuesday,
March 20, 2012, at 7:00 p.m., at the Community Room of the Anna City Hall Administration
Building located at 111 North Powell Parkway (Hwy 5), to consider the following items.
1. Call to order and establishment of quorum.
The meeting was called to ar•der at 7:06 p.m. by Co -Chairman Justin Barr. Members present
were Justin Barr, Louis Musemeci, Rick Skotzke and Shane Williams. Staff present was Maurice
Schwanke and Tana Ross. Tony Halsell, Darrin Colombo and Jennifer Strange were absent.
2. Invocation and Pledge of Allegiance
Mr. Schwanke gave the invocation and led the Pledge of Allegiance.
3. (a) Public Hearing: To consider public comment regarding an ordinance amending
the City's comprehensive plan, zoning map and zoning ordinance and changing the
zoning of certain property. Millenium TLC Enterprises LLC, owner(s) of property,
is requesting a zoning change to Planned Development (PD) zoning to provide for
Downtown Redevelopment District with a Specific Use Permit (SUP) for
apartments/condominiums above the first floor on the subject tract. The property is
currently zoned as Single Family Residential (SF) and Restricted Commercial (Cl)
zoning. The property is located at 205 N. Powell Pkwy.
The Public Hearing opened at 7:08 p.m.
Mr. Schwanke gave a presentation regarding the zoning request. He noted that the City
has received an application for a zoning change on 0.717 Acres of land located at the
northwest corner of Third Street and North Powell Parkway. The proposed zoning and
Specific Use Permit (SUP) will allow uses that are appropriate for development within
the Anna's "downtown" area. The proposed structure for the site will contain
approximately 23,894 square feet of restaurant, bakery, office and apartments. The
apartments are confined to the second floor. It is anticipated that the restaurant will have
outdoor seating adjacent to North Powell Parkway utilizing the front setback while
installing other amenities adjacent to or within North Powell Parkway's right -of --way
such as sidewalks and landscaping. Additionally, head in parking improvements are
anticipated in the Third Street right-of-way which is also encouraged. The proposed
zoning is in keeping with the Anna Comprehensive Plan by meeting the goal to make the
downtown more sustainable by providing places to work, live and play in close
proximity. It is anticipated that this development as well as others that are planned will
be a catalyst for other developments in the area.
The upstairs apartments require the approval of a SUP. The staff is recommending
approval of this request for a change of zoning and approval of the SUP.
PZC Minutes (Special) 03-20-12.doc Page 1 of 3 03-20-12
Mr. Silvino Arana, owner of property, was present, but did not give a presentation.
(b) Consider/Discuss/Act on recommendation regarding an ordinance amending the
City's Comprehensive Plan, Zoning Map and Zoning Ordinance and changing the
zoning of certain property. The owner(s) is requesting a zoning change to Planned
Development (PD) zoning to provide for Downtown Redevelopment District with a
Specific Use Permit (SUP) for apartments/condominiums above the first floor on the
subject tract. The property is currently zoned as Single Family Residential (SF) and
Restricted Commercial (C1) zoning. The property is located at 205 N. Powell Pkwy.
Adjacent property owners to the west of the subject property were present and expressed
their concern for apartments, traffic, and the amount of parking. The City received 3
written letters stating their concerns.
Following discussion concerning the zoning request, a motion was made by Mr. Skotzke,
seconded by Mr. Musemeci to recommended approval of the zoning request. The vote
was unanimous.
4. Consider/Discuss/Act on recommendation regarding Agave Azul Plaza Site and
Landscape Plans,
Ms. Schwanle gave a presentation regarding site and landscape plan. The proposed two
story structure for the site will contain approximately 23,894 square feet of restaurant,
bakery, office and apartments. The apartments are confined to the second floor. It is
anticipated that the restaurant will have outdoor seating adjacent to North Powell
Parkway utilizing the front setback while installing other amenities adjacent to or within
North Powell Parkway's right -of --way such as sidewalks and landscaping. Additionally,
head in parking improvements are anticipated in the Third Street right-of-way which is
also encouraged. These plans meet with the Planned Development Zoning. Water and
wastewater services are available to the site. Mr. Schwanke noted that the staff is in
support of this request and these plans meet with the Planned Development Zoning
submitted for approval.
A motion was made by Mr. Williams, seconded by Mr. Skotzke to recommended
approval with the conditions that at least two more trees are planted on the western side
of the property adjacent to James Street. The vote was unanimous.
5. (a) Public Hearing: To consider public comment on an ordinance of the city of
Anna, Texas, amending the Anna City Code of Ordinances by amending Part II,
Article III by adding regulations related to alcoholic beverages; by amending Part
III-C, Zoning Ordinance, Section 34.12 regulating location and uses related to sale
of alcoholic beverages.
A motion was made by Mr. Burr, seconded by Mr. Skotzke to table item number five (5).
The vote was unanimous.
(b) Consider/Discuss/Act on recommendation regarding an ordinance of the city of
Anna, Texas, amending the Anna City Code of Ordinances by amending Part II,
PZC Minutes (Special) 03-20-12.doc Page 2 of 3 03-20-12
Article III by adding regulations related to alcoholic beverages; by amending Part
III-C, Zoning Ordinance, Section 34.12 regulating location and uses related to sale
of alcoholic beverages.
NA.
6. Consider action to approve Minutes of the February 6, 2012 meeting.
A motion was made by Mr. Slcotzke, seconded by Mr. Musemeci5 to approve the Minutes
of the February 6, 2012 meeting. The vote was unanimous.
7. Adjourn
A motion was made by Mr. Slcotzke, seconded by Mr. Williams, to adjourn meeting.
The meeting adjourned at 7:48 p.m.
Maurice Schwanke
Director of Planning and Development
ATTEST:
PZC Minutes (Special) 03-20-12.doc Page 3 of 3 03-20-12
X{QUR} FiOMETQW N
Council Meeting: April 24, 2012
Account Code #:
Budgeted Amount:
Item No. _6 (a & b)_
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Philip Sanders
Exhibits: ❑Yes ❑ No
AGENDA SUBJECT: Public Hearing and Ordinance adopting the FM 455 Median Brealc
Public Improvement District assessments.
SUMMARY: The public hearing provides property owners and other interested parties an
opportunity comment on the proposed assessment schedule for FM 455 Public Improvement
District which will fund the construction of a median break in front of the Anna Market Center
shopping center. At the public hearing the Council must "hear and pass" on any objections made
to the assessments. At the conclusion of the public hearing the Council will consider adoption of
the attached ordinance levying the assessments.
RECOMMENDATION: Staff recommends approval of the attached Ordinance.
CITY OF ANNA, TEXAS
ORDINANCE
AN ORDINANCE OF THE CITY OF ANNA, TEXAS, LEVYING ASSESSMENTS FOR THE
COST OF CERTAIN IMPROVEMENTS TO BE PROVIDED IN THE FM 455 MEDIAN BREAK
PUBLIC IMPROVEMENT DISTRICT, FIXING A CHARGE AND LIEN AGAINST ALL
PROPERTIES WITHIN THE DISTRICT, AND THE OWNERS THEREOF; PROVIDING FOR
THE MANNER AND METHOD OF COLLECTION OF SUCH ASSESSMENTS; MAKING A
FINDING OF SPECIAL BENEFIT TO PROPERTY IN THE DISTRICT AND THE REAL AND
TRUE OWNERS THEREOF; APPROVING A SERVICE AND ASSESSMENT PLAN,
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Chapter 372 of the Texas Local Government Code (the "Act") allows for the
creation of public improvement districts; and
WHEREAS, on January 23, 2012 there was presented to the City of Anna, Texas (the "City") a
petition (the "Petition"), which described the public improvements proposed to be made within
the proposed public improvement district (the "District") and sought authorization to create the
District and to make improvements including a median break on or near FM 455 in the
corporate limits of Anna, Texas; and
WHEREAS, notice of a public hearing was published on February 10, 2012 in a newspaper of
general circulation within the City and was mailed to the owners, as reflected on the tax rolls,
of property subject to assessment in the District, giving interested persons the opportunity to
appear and be heard; and
WHEREAS, before conducting said public hearing on February 28, 2012, the City Council of
the City of Anna, Texas ("City Council") adopted a resolution estimating the cost of
improvements and the appraised value of taxable real property liable for assessment in the
proposed Districts; and
WHEREAS, the City Council opened the public hearing on February 28, 2012, in order to hear
testimony and public comment regarding the creation and authorization of the District and the
proposed public improvements; and
WHEREAS, all owners of property located within the proposed District and all other interested
persons were given the opportunity at said public hearing to speak for or against the creation
of the District and the proposed public improvements; and
WHEREAS, after the close of said public hearing, the City Council adopted a resolution
making certain findings regarding the advisability of creating the District; and
WHEREAS, pursuant to the Act, the proposed assessment roll and service plan was filed
with the City Secretary, and the statutory notice of a public hearing on April 24, 2012, to
consider the levy of the proposed assessments on real property within the District was
accomplished; and
WHEREAS, after notice was provided as required by the Act, the City Council on April 24,
2012, opened a public hearing to consider the levy of the proposed assessments on property
within the District; and
WHEREAS, the City Council heard and passed on any objections to the proposed
assessments and closed the public hearing;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA,
TEXAS:
Section 1. Recitals Incorporated
All matters stated in the preamble of this ordinance are found to be true and correct and are
incorporated into the body of this ordinance as if copied in their entirety.
Section 2. Approval of Service and Assessment Plan
The FM 455 Median Break Public Improvement District Service Plan, Assessment Plan, and
Assessment Roll, attached hereto as Exhibit A (the "Assessment Plan") has been presented to
and reviewed by the City Council and the City Council hereby approves the Assessment Plan.
Section 3. City Council Findings
The City Council hereby finds and determines upon the evidence presented in reference to the
property located within the District: that the enhancement and value to accrue to the property
and the real and true owner or owners thereof by virtue of construction of the improvements
described in the preamble hereof (the "Improvements") will be equal to or in excess of the
amount of the cost of the proposed Improvements; that the apportionment of the costs of the
Improvements and the assessments here and below made are just and equitable and produce
substantial equality, considering the benefits received and the burdens imposed thereby, and
result in imposing equal shares of the cost of the Improvements on property Similarly
benefitted, and are in accordance with the laws of the State of Texas; that the property
assessed is specially benefitted by means of the said Improvements in the District; that all
procedures that have taken place heretofore with reference to the Improvements and
assessments are in all respects regular, proper, and valid; and that all prerequisites to the
fixing of the assessment liens against the properties within the District, and the personal
liability of the real and true owner or owners thereof, whether correctly named herein or not,
have been in all things regularly and duly performed in compliance with the Act and the
proceedings of the City Council. The cost of said Improvements is hereby assessed
and levied as a special assessment against such properties and the real and true owner or
owners thereof in the amounts as described in the Assessment Plan.
Section 4. Declaration of Assessment Levied
There shall be and is hereby levied and assessed against the parcels of property within the
District, and against the real and true owners thereof (whether such owners be correctly
named or not), the sums of money as listed in Schedule 11 to the Assessment Plan attached
hereto and made a part hereof shown opposite the description of the respective parcels of
property, and the assessed against the same, and the owners thereof.
Section 5. Declaration of Lien
The sums assessed against property located wn the District and the real and true owners or
owner thereof, whether the owner or owners be named or correctly named, or the properties
be correctly described therein or not, together with interest thereon at the rate per annum when
required as set forth in the Assessment Plan and with reasonable attorney fees and all costs
and expenses of collection, if incurred, are hereby declared to be and made a first and prior
lien upon the respective parcels of property against which same are assessed from and after
this date, and a personal liability and charge against the real and true owner or owners thereof,
whether or not such owner or owners be correctly named herein, paramount and superior to all
other liens, claims or titles except for lawful claims for state, county, school district, or city ad
valorem taxes; and that the sum so assessed shall be payable to the City or its assigns in
accordance with the assessment roll attached as Schedule II to the Assessment Plan.
Section 6. Assessment
(a) The levy of the assessments shall be effective on the date of execution of this ordinance
levying assessments and strictly enforced in accordance with the terms of the
Assessment Plan.
(b) The collection of the assessments shall be as described in the Assessment Plan.
(c) Each assessment shall be paid in accordance with the Assessment Plan.
(d) Each delinquent assessment shall bear interest at the rate or rates specified in the
Assessment Plan.
(e) Assessments may be deposited as and when received by the City into a separate fund
to be used to pay the costs incurred for the Improvements, and the establishment of
such fund is hereby approved.
Section 7. Supplemental Assessment
Pursuant to Section 372.019 ofthe Local Government Code, the City Council may make
supplemental assessments to correct omissions or mistakes in the assessment relating to the
total cost of the public improvements constructed within the District. Notice of such
supplemental assessments will be given and a public hearing regarding the supplemental
assessments will be held in accordance with the provisions of Section 372.016 and 372.107 of
the Local Government Code.
Section 8. Reassessment
Pursuant to Section 372.020 of the Local Government Code, the City Council may make a
reassessment or a new assessment of a parcel of land located within the District if it is
determined that the original assessment is excessive. The amount of any installment payment
to be made after the date of reassessment will be adjusted to reflect the lower assessment
against the property. If the total assessment has been paid at the time of the reassessment,
any excess amount paid will be refunded to the property owner who paid the original
assessment.
Section 9. Savings, Severability and Repealing Clauses
All ordinances of the City in conflict with the provisions of this ordinance are repealed to the
extent of that conflict. If any provision of this ordinance shall be held to be invalid or
unconstitutional, the remainder of such ordinance shall continue in full force and effect the
same as if such invalid or unconstitutional provision had never been a part hereof. The City
declares that it would have passed this ordinance, and each section, subsection, sentence,
clause, or phrase thereof irrespective of the fact that anyone or more sections, subsections,
sentences, clauses, and phrases be declared unconstitutional or invalid.
Section 10. Publication of the Caption Hereof and Effective Date
This ordinance shall be in full force and effective from and after its passage and upon the
posting and/or publication, if required by law, of its caption and the City Secretary is hereby
directed to implement such posting and/or publication.
PASSED by the City Council of the City of Anna, Texas, this 24th day of April 2012.
ATTESTED:
City Secretary, Natha Wilkison
APPROVED:
Mayor Darren R. Driskell
FM 455 MEDIAN BREAK PUBLIC IMPROVEMENT DISTRICT
SERVICE PLAN, ASSESSMENT PLAN, AND ASSESSMENT ROLL
Chapter 372 of the Local Government Code of the State of Texas, known as the "Public
Improvement District Assessment Act" (the "Act"), authorizes and defines formation of a Public
Improvement District within the State of Texas.
By action taken by WY Council of the City of Anna, Texas (ty Counc), on March 29,
2012, the City of Anna, Texas (the "City") authorized by resolution the establishment of FM 455
MEDIAN BREAK PUBLIC IMPROVEMENT DISTRICT (the "District") within the boundaries set forth in
Exhibit 1, attached hereto.
In compliance with requirements outlined in various sections of the Act, the Service and
Assessment Plan for the District is defined herein.
Section 1. Improvements to be Provided to the District.
After analyzing the improvements authorized by the Act, the City, acting through the District,
determined that the construction and/or acquisition of the improvements as set forth in Schedule I,
attached hereto, and described in part as "[d]esign and construction of a median break on Farm to
Market Road 455 within the District" (the "Improvements"), which are allowed by the Act, should be
provided within the District and will be of special benefit to the property within the District.
After completion of the Improvements, the City will operate and maintain the Improvements at
its expense.
Section 2. Assessment Plan.
After analyzing the assessment methods allowed by the Act, the City has determined that costs
of the Improvements apportioned against the acreage within the District and the real and true owner or
owners thereof is such that the owners of property in the District located on the north side of FM 455
shall be responsible for one-half of the total cost of the improvements with each such owner being
assessed a portion based on the percentage land area within the District located on the north side of
FM 455 owned by each property owner and the owners of property in the District located on the south
side of FM 455 shall be responsible for one-half of the total cost of the improvements with each such
owner being assessed a portion based on the percentage land area within the District located on the
south side of FM 455 owned by each property owner.
Section 3. Assessment Roll.
The Assessment Roll is described as being
Schedule II, and shall be revised as necessary t
otherwise conveyed.
Section 4. Costs.
those properties more specifically described
o reflect any parcels sold, given, dedicated
The estimated total costs of the improvements is $72,136.49 for construction and $3,000 in
administrative and legal costs over the life of the District, which may be modified to conform to actual
expenses. The Improvement Costs shall be paid by assessment of the property owners within the
District.
Section 5. Maintenance Costs of Improvements to be Paid by City.
In accordance with the Act, and in accordance with all applicable local, state, and federal laws
and regulations, the City and/or an agency of the state will provide for the ongoing annual maintenance,
operation, and repair of the Improvements from the date of completion and acceptance of the
Improvements.
Section 6. Ownership of Improvements.
Upon completion and acceptance of the Improvements, title to the Improvements and all land,
easements and right-of-way related thereto shall vest in the City or the state.
Section 7. Levy of Assessments.
There shall be levied by the City the special assessments set forth in Schedule 11 attached
hereto (collectively, the "Assessments") to pay the Improvement Costs. Any real property conveyed to
the City in connection with the Improvements or real property owned by the State of Texas shall not be
assessed.
Each Assessment, in the amount set forth in Schedule II, shall be due and payable upon
issuance of the first invoice for payment of assessment sent by the City to the property or property
owner assessed.
If assessed property within the District is transferred to a party that is exempt from payment of
the Assessment under applicable law, or if an owner causes assessed property or a portion thereof to
become non-benefitted property, the owner thereof shall pay to the City the full amount of the
Assessment, plus accrued interest thereon, for such property prior to any such transfer or act.
Section 8. Prepayment of Assessments for Each Year.
Pursuant to the provisions of Section 372.018 of the Act, an Assessment may be paid in whole
at any time by paying the unpaid amount of the Assessment plus the interest accrued or penalties that
have been imposed prior to the date of payment of the Assessment.
Section 9. Interest and Penalties on Delinquent Assessments.
A delinquent Assessment will accrue interest, penalties, and attorneys fees in the same manner
as delinquent ad valorem taxes, as set forth in Section 33.01 et seq. of the Texas Tax Code.
Section 10. No Discounts or Split Payments.
There will be no partial payment of an Assessment or discount for the early payment of an
Assessment.
Section 11. Lien for Collection of Assessments.
Assessments together with interest, penalties, and expense of collection and reasonable
attorneys fees, as permitted by the Act and the Texas Tax Code shall be a first and prior lien against
the property assessed, superior to all other liens and claims, except liens or claims for state, county,
school district, or municipal ad valorem taxes, and shall be a personal liability of and charge against the
owner of the property regardless of whether the owners are named. The lien for Assessments thereof
and penalties and interest is effective from the date of the ordinance levying the Assessments until the
Assessment is paid, and shall be enforced by the City in the manner provided by the Texas Tax Code
for collecting ad valorem taxes on real property.
Section 12. Applicability of Texas Tax Code.
To the extent not inconsistent with the ordinance levying Assessments (the "Assessment
Ordinance"), and not inconsistent with Chapter 372 of the Act or the other laws governing public
improvement districts, the provisions of the Texas Tax Code shall be applicable to the imposition and
collection of Assessments by the City.
Section 13. Lien Survives Foreclosure.
Any sale of property for nonpayment of an Assessment shall be subject to the lien established
for the remaining unpaid Assessment against such property and such property may again be sold at a
judicial foreclosure sale if the purchaser thereof fails to make timely payment of the nondelinquent
Assessment or installment portion thereof against such property as it becomes due and payable
pursuant to the terms of the Assessment Ordinance.
Section 14. Reassessments.
Pursuant to Section 372.020, Texas Local Government Code, the City Council may make a
reassessment of a parcel of land if: (1) a court of competent jurisdiction sets aside an Assessment
against the parcel; (2) the City Council determines the original Assessment is excessive; or (3) on the
written advice of counsel, the City Council determines that the original Assessment is invalid.
Section 15. Service Plan.
In accordance with the requirements of the Act, the five-year service plan for the District projects
a total of $72,136.49 for construction costs and $3,000 in administrative and legal costs over the we of
the District is as follows:
Year
Annual Projected Costs
Annual Projected Indebtedness
1
$75,136.49
$0.00
2
$0.00
$0.00
3
$0.00
$0.00
4
$0.00
$0.00
5
$0.00
$0.00
Total
$75,136049
$0.00
EXHIBIT 1
Boundaries
South side of West White Street (FM 455):
Lot 1 Block A, Anna Market Center, Document Number 20080618010002250 - 6.010
Acres;
Lot 2 Block A, Anna Market Center, Document Number 20080618010002250 — 1.289
Acres;
Lot 3 Block A, Anna Market Center, Document Number 20080618010002250 — 1.184
Acres;
Lot 4 Block A, Anna Market Center, Document Number 20080618010002250 — 0.991
Acres;
Lot 5 Block A, Anna Market Center, Document Number 20080618010002250 — 1.382
Acres; and:
Lot 6 Block A, Anna Market Center, Document Number 20080618010002250 — 1.977
Acres; and
The section of FM 455 between the south side described above and the north side described
below; and:
North side of West White Street (FM 455):
Lot 1 Block A, Summer Hill Addition, Document Number 20110124010000170 — 0.63
Acres;
Tract 1, Part of Deed Document Number 20071205001623100 -10.70 Acres; Being a
tract of land situated in the F.T. Duffau Survey, Abstract Number 288, in the City of
Anna, Collin County, Texas, and being part of that 20 acre tract of land described by
deed to Anna 455 Commercial, I.P. as recorded under Document Number
20071205001623100, Deed Records, of Collin County Texas; said tract being more
particularly described by the metes and bounds as follows:
COMMENCING from the southeasterly corner of said 20 acre tract, same being in the
northerly line of West White Street at a point;
THENCE North 86 degrees 48 minutes 33 seconds West a distance of 67.12 feet to a
point for corner;
THENCE North 88 degrees 43 minutes 33 seconds West a distance of 1.31 feet to a
point for corner;
THENCE North 01 degrees 16 minutes 27 seconds East a distance of 237.0 feet to a
point for corner;
THENCE North 88 degrees 43 minutes 33 seconds West a distance of 126.5 feet to a
point for corner;
THENCE South 01 degrees 16 minutes 27 seconds West a distance of 237.0 feet to a
point for corner;
THENCE North 88 degrees 43 minutes 33 seconds West a distance of 483.04 feet to a
point for corner;
THENCE North 01 degrees 06 minutes 52 seconds East a distance of 727.04 feet to a
point for corner;
THENCE South 88 degrees 53 minutes 08 seconds East a distance of 680.21 feet to a
point for corner;
THENCE South 00 degrees 47 minutes 01 seconds West a distance of 554.40 feet to a
point for corner;
THENCE South 02 degrees 53 minutes 27 seconds West a distance of 176.87 feet to
the POINT OF BEGINNING and containing 10.70 acres of Land More or less; and
Tract 2, Part of the remainder of 157.844 Acres in Vol. 3346, Pg. 764 Described in Vol.
736, Pg 589 — 9.15 Acres; Being a tract of land situated in the F.T. Duffau Survey,
Abstract Number 288, in the City of Anna, Collin County, Texas, and being part of
157.844 acre tract of land conveyed to Rudman Partnership, by deed as recorded in
Volume 3346, Page 764, Deed Records, of Collin County Texas; said tract being more
particularly described by the metes and bounds as follows:
COMMENCING from a point that bears South 00 degrees 45 minutes 31 seconds West
a distance of 24.78 feet from the southwest corner of lot 32 block A of the Settlers' Way
Addition in the city of Anna according to the plat recorded in Cabinet "P", Page 967 of
the Official Public Records of Collin County Texas to the POINT OF BEGINNING;
THENCE North 87 degrees 23 minutes 30 seconds West a distance of 329.73 feet to a
point for corner;
THENCE North 01 degrees 05 minutes 29 seconds East a distance of 220.49 feet to a
point for corner;
THENCE South 78 degrees 01 minutes 29 seconds West a distance of 154.18 feet to a
point for corner;
THENCE South 03 degrees 07 minutes 29 seconds West a distance of 180.84 feet to a
point for corner;
THENCE North 86 degrees 48 minutes 33 seconds West a distance of 99.72 feet to a
point for corner;
THENCE North 02 degrees 53 minutes 27 seconds East a distance of 176.87 feet to a
point for corner;
THENCE North 00 degrees 47 minutes 01 seconds East a distance of 554.40 feet to a
point for corner;
THENCE South 88 degrees 53 minutes 08 seconds East a distance of 578.95 feet to a
point for corner;
THENCE South 00 degrees 45 minutes 31 seconds West a distance of 748.24 feet to
the POINT OF BEGINNING and containing 9.15 acres of Land More or less.
Schedule I
FM 455 Median Break Public Improvement District ("District")
Improvements —Design and construction of a median break on Farm to Market Road 455 within
the District.
Estimated Costs of Improvements —The estimated costs of the improvements, including
financing, if any, total $72,136.49 for construction and $3,000 in administrative and legal costs
over the life of the District, which amounts may be modified to conform to actual expenses. A
total of 100% of such actual costs of the improvements shall be paid by assessment of the
property owners within the proposed Public Improvement District. The City will initially fund the
total costs of the improvements, with said costs being reimbursed to the City through the
assessments levied on the owners in the District.
Schedule II
Initial Assessment R011- FM 455 Median Break Public Improvement District
District properties, south of FM 455:
Property
Owner
Acrea a
Description
Assessment
Anna Market
4.543
Lots 3, 5, 6, Block A,
$13,302092
Center, Ltd.
(197189108
Anna Market Center
sq. ft.)
Addition
Independent
1.289
Lot 2, Block A, Anna
$3,771.85
Bank
(561148.84
Market Center Addition
sq. ft.)
Brookshire
6.01
Lot 1, Block, A, Anna
$17,593,21
Grocery
(261,795.60
Market Center Addition
Company
sq. ft.)
LBS Partners,
0.991
(43,167.96
Lot 4, Block A, Anna
$21900.27
Inc.
sqft.)
.
Market Center Addition
District properties, north side of FM 455:
Property
Owner
Acrea a
Description
Assessment
Kwik Kar
0.63
Lot 1, Block A, Summer
$1,157.10
(27,442.80
Hill Addition
sq. ft.)
Anna 455
10.7 (466,092
Tract 1
$19,629.41
Commercial
sq. ft.)
The Rudman
9.15 (398,574
Tract 2
$16,781.73
Partners
(sq. ft.)
Council Meeting: Apri124I 2012
Account Code #: N/A
Budgeted Amount:
Item No. 7 to & b
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Maurice Schwanke
Date Prepared: 04/18/12
Exhibits: ■Yes ❑ No
AGENDA SUBJECT: (a) Public Hearing: To consider public comment on an
ordinance of the city of Anna, Texas, amending the Anna City Code of Ordinances by
amending Part II, Article III by adding regulations related to alcoholic beverages; by
amending Part III-C, Zoning Ordinance, Section 34.12 regulating location and uses
related to sale of alcoholic beverages. (Maurice Schwanke)
(b) Consider/Discuss/Action adopting an ordinance of the city of Anna, Texas, amending
the Anna City Code of Ordinances by amending Part II, Article III by adding regulations
related to alcoholic beverages; by amending Part III-C, Zoning Ordinance, Section 34.12
regulating location and uses related to sale of alcoholic beverages. (Maurice Schwanke)
SUMMARY: This ordinance which deals with alcohol is being brought forward for
several reasons as follows.
a. To incorporate the alcohol related ordinances that are separate and not
codified in the Anna Code into one document;
b. To incorporate court findings that are contrary to some of the
provisions contained in our codes; and
c. To facilitate development within the "Downtown Redevelopment
District".
This amendment to the Anna Code will help when people are researching our website
concerning our ordinance on how we work with alcohol instead of trying to obtain all the
separate ordinances that are currently in place that are not online on our Web Site.
PLANNING AND ZONING ACTION: The Planning and Zoning Commission
recommended approval at their meeting on April 2, 2012. The vote was unanimous.
RECOMMENDED ACTION: Approval of ordinance.
Ot•d. -2012 Regulations Alcoholic Beverages 1 04-24-12
Item No. 7 (a & b
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CITY OF ANNA, TEXAS
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING THE ANNA
CITY CODE OF ORDINANCES BY AMENDING PART II, ARTICLE III BY
ADDING REGULATIONS RELATED TO ALCOHOLIC BEVERAGES; BY
AMENDING PART III-C, ZONING ORDINANCE, SECTION 34.12
REGULATING LOCATION AND USES RELATED TO SALE OF ALCOHOLIC
BEVERAGES; PROVIDING FOR SAVINGS, SEVERABILITY, AND
REPEALING CLAUSES; PROVIDING FOR A PENALTY; PROVIDING FOR AN
EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE
CAPTION HEREOF.
WHEREAS, the City of Anna, Texas ("City") has previously established
regulations related to the sale and consumption of alcoholic beverages; and
WHEREAS, certain of those regulations are set forth in ordinances that are not
codified in The Anna City Code of Ordinances ("Anna Code") and the City
Council desires to amend said regulations and codify the resulting regulations
into Part II, Article 111, of the Anna Code; and
WHEREAS, the Council desires to repeal the ordinances referenced above once
the amended regulations take effect; and
WHEREAS, the City's Comprehensive Zoning Ordinance ("Zoning Ordinance") is
codified as Part III-C of the Anna Code; and
WHEREAS, after a duly noticed public hearing, the City Council of the City of
Anna, Texas ("City Council") has investigated and determined that it would be
advantageous and beneficial to the City and its citizens to amend Part III-C of the
Anna Code, the Zoning Ordinance, regarding regulations pertaining to
establishments that sell alcoholic beverages; and
WHEREAS, the City Council has held the requisite public hearing(s) pertaining to
zoning and permitting procedures within the City and its consideration and
adoption of this ordinance was in compliance with the Texas Open Meetings Act;
and
WHEREAS, the City Council finds that within the Downtown Revitalization area
or "downtown area" as more specifically identified in Chapter 6 of the City of
Anna Comprehensive Plan 2010-2030 (the "Comprehensive Plan"), as shown in
Figure 13 of the Comprehensive Plan, no predominant permanent land use
exists; and
Ord. -2012 Regulations Alcoholic Beverages 2 04-24-12
Item No. 7 (a & b
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WHEREAS, the City Council finds that certain of its current regulations pertaining
to establishments that sell alcoholic beverages could have the result of
unnecessarily restricting the sale of alcoholic beverages in the downtown area;
and
WHEREAS, the City Council finds that a mixture of land uses throughout the
downtown area should be encouraged, including but not limited to housing,
religious institutions, offices, shops, restaurants, hotels, light commercial, and
entertainment; and
WHEREAS, the City Council finds that for a mixture of such uses to occur, one
type of use should generally not prevent another type of use; and
WHEREAS, the City Council desires to foster a community with abusiness-
friendly environment in the downtown area that provides an atmosphere that
accepts people of all walks of life and encourages a sense of inclusion; and
WHEREAS, the City Council desires to provide incentives for businesses to
expand, start, improve or move into the downtown area by allowing for a variety
of uses, including but not limited to uses that include the sale of alcoholic
beverages, and further desires to attract businesses looking for a new branch
office or establishing headquarters in a small city; and
WHEREAS, the City Council desires that the downtown area provide an
opportunity for persons to park once and dine out, attend cultural events, enjoy
an urban yet local atmosphere in order to appeal to a large segment of local
residents; and
WHEREAS, the City Council finds that a small downtown with a variety of dining
and entertainment options, including establishments that sell alcoholic
beverages, would be
attractive to many businesses and nearby residents; and
WHEREAS, the City Council finds that in the past, there has been a willingness
on the part of property interests) associated with religious institutions to waive
the 300 foot distance rule related to sales of alcoholic beverages in favor of
allowing one or more restaurants to sell alcoholic beverages in the downtown
area; and
WHEREAS, the City Council finds that removing certain restrictions that could
otherwise prevent the sale of alcoholic beverages in the downtown area would
promote the desires and findings of the City Council as set forth herein; and
WHEREAS, the City Council finds that certain of the City's regulations governing
the sale of alcoholic beverages are in need of being updated to comply with the
Texas Alcoholic Beverage Code as amended; and
Ord. -2012 Regulations Alcoholic Beverages 3 04-24-12
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WHEREAS, the City has authority granted to municipalities under the Texas
Alcoholic Beverage Code §§ 109.31 and 109.32, to prohibit the sale of beer in
any residential area within the City 's corporate limits and to otherwise regulate
the sale of beer as permitted by said section; and
WHEREAS, the City has authority granted to municipalities under the Texas
Alcoholic Beverage Code § 109.33, and 109.331 to prohibit the sale of alcohol
within 300 feet of certain land uses including public and private schools,
churches, hospitals, day-care centers, and child-care facilities; and
WHEREAS, the City has authority granted to municipalities under the Texas
Alcoholic Beverage Code § 109.57(d) to regulate the location of establishments
that derive 75 percent or more of the establishment's gross revenue from the on -
premise sale of alcoholic beverages;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ANNA, TEXAS:
SECTION 1. Recitals Incorporated
The above -stated recitals and findings are incorporated herein by reference as if
set forth in full for all purposes.
SECTION 2. Ordinances Repealed.
Any provisions of the ordinances listed below in this section that remain in effect
at the time of the adoption of this ordinance are hereby repealed in their entirety,
effective as of the effective date of this ordinance:
Ordinance No. 108-2003;
Ordinance No. 182-2005;
Ordinance No. 183-2005;
Ordinance No. 184-2005;
Ordinance No. 185-2005;
Ordinance No. 186-2005;
Ordinance No. 187-2005;
Ordinance No. 385-2008; and
Ordinance No. 428-2009.
SECTION 3. Amendments to the Anna City Code of Ordinances.
3.01 In accordance with Part II, Article 9 of the Anna City Code of Ordinances
("Anna Code"), the following amendment is made to Part II of the Anna Code, by
codifying and/or providing new alcoholic -beverage related regulations in Article III
of Part II (said Article III having previously been reserved) as follows:
Article III ALCOHOLIC BEVERAGES
Ord. -2012 Regttiations Alcoholic Beverages 4 04-24-12
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Section I. Definitions
To the extent that words or phrases used in this article are defined in the
Texas Alcoholic Beverage Code, such words or phrases shall have
those same definitions. All other words or phrases shall be defined
according to their ordinary meaning, unless specified otherwise.
No. ,adopted )
Section 2. Permit Required; Associated Requirements and
Procedures
� It shall be unlawful for any person to manufacture, distill, brew,
import, transport, store for purposes of sale, distribute or sell any
alcoholic beverage within the City without having first paid an annual
permit fee to the City equal to one-half of the State of Texas fee
required by the Texas Alcoholic Beverage Code ("TABC") of every
person that may be issued any permit or license or renew such
permit or license by the State for the manufacture, distilling, brewing
importing, transporting, storing, distributing or sale of any alcoholic
beverage. Except as otherwise set forth in this section, the permit
fee shall be paid to the City Secretary upon original application and
then annually for permit renewal. The City Secretary shall issue a
receipt for the permit gee and keep a record of same in the Cif
Secretary's office. All receipts issued for the payment of permit fees
under the provisions of this section shall terminate at midnight on
the day before the anniversary date of their issuance, and no receipt
shall be issued covering a longer period than one year.
Notwithstanding subsection (a), the permit fee for a mixed beverage
permit shall not be charged for an original application and shall not
be charged for the first two annual renewals. For the third annual
renewal of a mixed beverage permit, and for all subsequent
renewals thereafter, a permit fee shall be charged in accordance
with subsection (a).
c:)
Before the City Secretary shall sign any application for a permit or
license regulated under the TABC, or any annual renewal, such
application shall be submitted to the appropriate City departments,
as determined by the City Manager to ensure that the application
complies with all City ordinances and regulations and are for
establishments located in a wet area.
An annual processing fee in the amount of $250.00 shall be charged
by the City Secretary for accepting any application or renewal. The
City Secretary shall issue a receipt for the processing fee and keep
a record of the same in the City Secretary's office. All receipts
Ord. -2012 Regulations Alcoholic Beverages 5 04-24-12
Item No. 7 (a & b
City Secretary's use only
issued for the payment of processing fees under the terms of this
section shall terminate at midnight on the day before the anniversary
date of their issuance, and no receipt shall be issued coverinq a
longer period than one year.
No. 482-2009, adopted 01/27/09; Ord. No. 108-2003, adopted
09109103); cross reference: Part 111-C, Section 34.12.
Section 3. Regulations for Sale of Beer for On -Premises
Consumption
� No person shall be employed to serve food, beer or other drinks in
an establishment selling beer for on -premises consumption, unless
that employee has a health certificate.
,� No person other than the permittee or licensee for such
establishment may serve beer, or other drink or food to any
customer or patron of a such establishment, unless the person so
serving is employed by the permittee or licensee of such
establishment.
� No person serving beer to any patron or customer of such
establishment shall receive, as compensation, any part of the price
paid by the patron or customer for such beer, nor shall his or her
compensation be dependent on the amount of beer served.
jOrd. No. ,adopted ;Ord. No. 184-2005,
adopted 02/12/05)
Section 4. Regulations for Drive -Through Sales
� An establishment licensed for the retail sale of beer for off -premise
consumption —and which has at least 6,000 square feet of indoor
retail space —may utilize a window located on an exterior wall of the
establishment. Otherwise, no establishment may sell beer for off -
premise consumption through a window or any other apparatus that
does not require the purchaser to enter the interior of the
establishment in order to purchase beer.
For purposes of this section a "window or any other apparatus" does
not include a doorway or other opening to the establishment that is
large enough to allow and does allow motor vehicles to enter or exit
any part of the establishment."
(Ord. No. ,adopted ;Ord. No. 385-2008,
adopted 06/10/08)
Ord. -2012 Regulations Alcoholic Beverages 6 04-24-12
Item No. 7 (a & b
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3.02 In accordance with Part II, Article 9 of the Anna City Code of Ordinances,
the following amendment is made to Part III-C, Section 34.12, by amending said
section as follows:
34.12 Sale of Alcoholic Beverages
alcoholic beverages is strictly for the consumption of the owners of
the premises and their guests at no charge. OtheFwise, the steFage,
(Ord. No. ,adopted )
(b) The storage, possession, or sale of any alcoholic beverage, when
permitted by the laws of this state, shall be regulated and governed
as provided herein and in other applicable ordinances and
regulations of theme City.
(Ord. No. ,adopted ); Cross reference: Part 11,
Article 111 ALCOHOLIC BEVERAGES
-� -
moll
am
• . .- • -•
• • • • • • • •
SF-E -Single Family Residential -Large Lot;
SF-1 -Single Family Residential;
SF-84 -Single Family Residential;
SF-72 -Single Family Residential;
SF-60 -Single Family;
SF-Z -Single Family Zero Lot Line;
Ord. -2012 Regulations Alcoholic Beverages
7
04-24-12
Item No. 7 (a & b
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SF-TH - Single Family Town Home;
MH-1 -Manufactured Home District
MH-2 - .Manufactured Home Park District
TF DuplexFamily Residential);
MF-1 -Multiple Family Residential -Medium Density;
MF-2 -Multiple Family Residential -High Density;
PD -Anv residential part of a Planned Development District;
or
Anv tract, lot or subdivision upon which is located any of the
"Residential Uses" list in Appendix 3 of this Part of the Code,
as amended.
_(Ord. No. ,adopted ;Ord. No. 183-2005,
adopted 02112, 5)
(d) It shall be unlawful for any person who is engaged in the business of
selling alcoholic beverages to sell alcoholic beverages within 300
feet of any church or public Hospital. The measurement of the
distance between the Alcoholic Beverage Store and the church or
public Hospital shall be along 'the property lines of the Street fronts
and from front door to front door, and in direct line across
intersections.
(e) It shall be unlawful for any person who is engaged in the business of
selling alcoholic beverages to sell alcoholic beverages within 300
feet of any public or private school. The measurement of the
distance between the place of business and the public or private
school shall be:
(1) in a direct line from the property line of the public or private
school to the property line of the place of business, and in a
direct line across intersections; or
(2) if the permit or license holder is located on or above the fifth
Story of a multistory Building, in a direct line from the property
line of the public or private school to the property line of the
place of business, in a direct line across intersections, and
vertically up the Building at the property line to the base of the
floor on which the permit or license holder is located.
Ord. -2012 Regulations Alcoholic Beverages 8 04-24-12
Item No. 7 to & b
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_
.•
AMWAMff
--
A
MEMO
(Ord. No. ,adopted )
(f) It shall be unlawful for any person who operates an Alcoholic
Beverage Store to sell alcoholic beverages within 300 feet of any
existing dayGa+e-day-care or-p♦+a� child-care facility. The
measurement of the distance between said Alcoholic Beverage
Store and the daycare day-care center or -private sc-kteel child-care
facility shall be in a stFaight direct line i-all dirontinni; from the said
business Alcoholic Beverage Store to the nearest point property line
of the day:saFe day-care center or private-ssf}eel child-care facility.
The measurement for �FUGt lre 6hall he taken from the nearest
-r-rr�-n'r cu�u rc,n-rcnz-rvr-a-Srcr'cr
r
For the
purposes of this subsection and subsections (g) and (h), below, the
terms "day-care center" and "child-care facility" have the meanings
defined under Section 42.002, Texas Human Resources Code.
(Ord. No. ,adopted )
... _
between said AIGG110"G BeveFage Store shall be in a straight line4R
- ReaFest
Pr j
• . section applies
permit or license holder under Chapter 25, 28, 32, 69, or 74 of the
Texas Alcoholic Beverage Code who does not• • a food and
beveraae certificate. Subsection (f) does not apply to a permit or
license holder who sells alcoholic beverages if:
(1) the permit or license holder and the day-care center orchild-care
facility are located on different stories of a multistory building; or
(2) the permit or license holder and the day-care center or child-care
facility are located in separate buildings and either the permit or
license holder or the day-care center or child-care facility is
located on the second story or higher of a multistory building.
Ot•d. -2012 Regulations Alcoholic Beverages 9 04-24-12
Item No. & b
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(Ord No. , adopted MMV
(h)
Unless an
establishment that derives 75% or more of the establishment's gross
revenue from the sale of alcoholic beverages for on -premises
consumption first applies for and is granted a specific use permit by
the City Council such establishment may not be located within 1000
feet of a public school private school church day-care center or
child-care facility, as those terms are described in the Texas
Alcoholic Beverage Code. The measurement of the distance
between such establishment and the church or public hospital shall
be along the property lines of the street fronts and from front door to
front door, and in direct line across intersections. The measurement
of the distance between such establishment and the public school,
private school day-care center, or child-care facility shall be:
(1) in a direct line from the property line of the public or private
school to the property line of the place of business and in a
direct line across intersections; or
21 if the permit or license holder is located on or above the fifth
story of a multistory building in a direct line from the property
line of the public or private school to the property line of the
place of business in a direct line across intersections, and
vertically up the building at the property line to the base of the
floor on which the permit or license holder is located.
(Ord No adopted ;Ord. No. 183-2005,
adopted 02/12/05)
MIN
Mrs
- • •- C • -•iii
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••C
•
III
(Ord No adopted ; Ord. No. 183-2005,
adopted 02/12/05) no
m
Ord. -2012 Regulations Alcoholic Beverages 10
110Tl
04-24-12
Item No. 7 (a & b
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establishment's gross revenue from the sale of alcoholic beverages
for on -premises consumption first applies for and is granted a
specific use permit by the City Council, such establishment may not
be located closer than 1,000 feet to an existing establishment that
derives 75% or more of the establishment's gross revenue from the
on -premises sale of alcoholic beverages. The measurement of the
distance between said establishments shall be in a straight line in all
directions from the said establishment to the nearest point of other
such establishment. The measurement for a structure shall be taken
from the nearest point that a structure extends in any direction,
including overhanging roofs and all proiections or portions of said
structures. For the purposes of this subsection, the term "existing
establishment that derives 75% or more of the establishment's gross
revenue from the on -premises sale of alcoholic beverages" means
such an establishment that is in lawful operation or that has been
granted a specific use permit as required under this subsection.
(Ord. No. adopted ;Ord. No. 183-2005,
adopted 02112105)
(k) Any specific use permit applied for under this section shall be
governed by the applicable provisions of this Part III-C of the Code
including but not limited to Section 37.
(I) Notwithstanding anything to the contrary in this section, the
regulations in subsections (d), (e), (f), and (q) do not apply to any
locations or uses in the Downtown Revitalization area, also known
as the "downtown area " as said area is more specifically identified
in Chapter 6 of the City of Anna Comprehensive Plan 2010-2030.
Said "downtown area" shall not be considered to be a residential
area regardless of whether the downtown area includes residential
uses. Said "downtown area" shall be considered to be the same
geographic area as any Zoning District that the City Council has
adopted or may adopt and that is referenced as "DRD" or
"Downtown Redevelopment District" and depicted as within the bold,
solid black boundary line as shown in the figure below, or as the
area shown in said figure or DRD District as amended from time to
time.
Ord. -2012 Regulations Alcoholic Beverages I1 04-24-12
Item No. 7 (a & b
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HACKBERf
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DOWNTOWN REDEVELOPMENT DISTRICT
SECTION 4. Amendment to Comprehensive Plan
Ord. -2012 Regulations Alcoholic Beverages 12 04-24-12
Item No. 7 (a & b
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To the extent that any part of this ordinance conflicts with the City's
Comprehensive Plan as amended and the City's zoning map as amended,
(collectively, the "Plan"), the Plan shall be deemed to have been amended by this
ordinance.
SECTION 5. Savings, Severability and Repealing Clauses.
All ordinances of the City in conflict with the provisions of this ordinance are
repealed to the extent of that conflict. If any provision of this ordinance shall be
held to be invalid or unconstitutional, the remainder of such ordinance shall
continue in full force and effect the same as if such invalid or unconstitutional
provision had never been a part hereof. The City declares that it would have
passed this ordinance, and each section, subsection, sentence, clause, or
phrase thereof irrespective of the fact that any one or more sections,
subsections, sentences, clauses, and phrases be declared unconstitutional or
invalid.
SECTION 6. Penalty
It shall be a Class C misdemeanor to violate any provision of this ordinance or
the regulations adopted hereunder. The amount to be paid upon conviction shall
not exceed the amount set forth and as applicable in the Anna Code or in said
regulations, or the highest amount allowed by law, whichever is lower. Each day
such violation shall continue, or be permitted to continue, shall be deemed a
separate offense.
SECTION 7. Publication of the Caption Hereof and Effective Date.
This ordinance shall be in full force and effective from and after its passage and
upon the posting and/or publication, if required by law, of its caption and the City
Secretary is hereby directed to implement such posting and/or publication.
PASSED by the City Council of the City of Anna, Texas, this 24th day of April,
2012.
ATTESTED:
City Secretary, Natha Wilkison
APPROVED:
Mayor, Darren R. Driskell
Ot•d. -2012 Regulations Alcoholic Beverages 13 04-24-12
Item No. 7 (a & b
City Secretary's use only
Ord. -2012 Regulations Alcoholic Beverages 14 04-24-12
INSTRUCTIONS TO NEWSPAPER: Please publish this Public
Hearing notice at the next available date. Please bill the City of Anna.
PUBLIC HEARING
CITY OF ANNA
AMENDMENT TO THE
ANNA CITY CODE OF ORDINANCES
The City of Anna City Council will conduct a public hearing on Tuesday, April 24,
2012, at 7*30 p.m. at the Community Room of the Anna City Hall Administration
Building located at Ill North Powell Pkwy (Hwy 5) to consider public comments on
proposed amendments to the Anna City Code of Ordinances. The public hearing
will concern the City Councils consideration of the ordinance describe as follow:
AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING THE
ANNA CITY CODE OF ORDINANCES BY AMENDING PART II,
ARTICLE III BY ADDING REGULATIONS RELATED TO ALCOHOLIC
BEVERAGES; BY AMENDING PART III-mC; ZONING ORDINANCE,
SECTION 34.12 REGULATIONG LOCATIONS AND USES RELATED
TO SALE OF ALCOHOLIC BEVERAGES; PROVIDING FOR SAVINGS,
SEVERABILITY AND REPEALING CLAUSES; PROVIDING FOR A
PENALTY; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIING
FOR THE PUBLICATION OF THE CAPTION HEREOF.
This public hearing is an opportunity for citizens of Anna and residents/property
owners to comment on the proposed amendments. Persons unable to attend the
hearing may submit their comments in writing to the City Secretary, P.O. Box 776,
Anna, TX, 75409 or through personal deliver at the Anna City Hall, 111 N. Powell
Parkway, Anna, TX, 75409.
IiOM�TOWN
Council Meeting: Apri124I 2012
Account Code #: N/A
Budgeted Amount: N/A
Item No. 8 ( a & b)
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Maurice Schwanke
Date Prepared: 04/18/12
Exhibits: ■Yes ❑ No
AGENDA SUBJECT: (a) Public Hearing: To consider public comment regarding an
ordinance of the City of Anna, Texas, amending the Anna City Code of Ordinances, by
amending Part III-C; Zoning Ordinance, Section 4 Definitions and Section 35
Supplemental District Regulations, by adding Section 35.04; a, b, and c, regarding a
Waiver of Strict Compliance of masonry content or definition for regionally or nationally
recognized commercial trademark architectural design of structures.(Maurice Schwanke)
(b) Consider/Discuss/Action adopting an ordinance of the City of Anna, Texas,
amending the Anna City Code of Ordinances, by amending Part III-C; Zoning Ordinance,
Section 4 Definitions and Section 35 Supplemental District Regulations; by adding
Section 35.04; a, b, and c, regarding a Waiver of Strict Compliance of masonry content or
definition for regionally or nationally recognized commercial trademark architectural
design of structures. (Maurice Schwanke)
SUMMARY:
This ordinance revision allows the City Council to waive requirements of its masonry
standards in instances where strict compliance may not be in the best interest of the City.
There are some chain businesses that have identifying trademark architectural styles. In
some instances, but not all, it may be advantageous to have a mechanism in place to
accommodate these entities and allow modifications of our standards. Additionally, this
ordinance tightens up our definition of masonry to not include basic CMU blocks. At a
minimum blocks must be split face.
RECOMMENDED ACTION: The staff is recommending approval of this ordinance
until such time as the entire zoning ordinance is reviewed.
INSTRUCTIONS TO NEWSPAPER: Please publish this Public
Hearing notice at the next available date. Please bill the City of Anna.
PUBLIC HEARING
CITY OF ANNA
AMENDMENT TO THE
ANNA CITY CODE OF ORDINANCES
The City of Anna City Council will conduct a public hearing on Tuesday, April 24,
2012, at 7*30 p.m. at the Community Room of the Anna City Hall Administration
Building located at 111 North Powell Pkwy (Hwy 5) to consider public comments on
proposed amendments to the Anna City Code of Ordinances. The public hearing
will concern the City Council's consideration of the ordinance describe as follow.
AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING THE
ANNA CITY CODE OF ORDINANCES BY AMENDING PART III-C;
ZONING ORDINANCE, SECTION 4 DEFINITIONS AND SECTION 35
SUPPLEMENTAL DISTRICT REGULATIONS; PROVIDING FOR A
PENALTY FOR ANY VIOLATION OF THIS ORDINANCE NOT TO
EXCEED $500; PROVIDING FOR SAVINGS, SEVERABILITY AND
REPEALING CLAUSES; PROVIDING OR AN EFFECTIVE DATE; AND
PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF.
This public hearing is an opportunity for citizens of Anna and residents/property
owners to comment on the proposed amendments. Persons unable to attend the
hearing may submit their comments in writing to the City Secretary, P.O. Box 776,
Anna, TX, 75409 or through personal deliver at the Anna City Hall, Ill N. Powell
Parkway, Anna, TX, 75409.
CITY OF ANNA, TEXAS
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING THE ANNA CITY
CODE OF ORDINANCES BY AMENDING PART III-C (ZONING ORDINANCE),
SECTION 4 (DEFINITIONS) AND SECTION 35 (SUPPLEMENTAL DISTRICT
REGULATIONS); PROVIDING FOR A PENALTY FOR ANY VIOLATION OF THIS
ORDINANCE NOT TO EXCEED $2,0000, PROVIDING FOR SAVINGS,
SEVERABILITY, AND REPEALING CLAUSES; PROVIDING FOR AN EFFECTIVE
DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the City Council of the City of Anna, Texas (the "City Council") has
previously adopted ordinances, rules and regulations governing land use and district
regulations; and
WHEREAS, the City Council desires to allow existing or proposed uses with regionally or
nationally recognized architectural brand design of buildings that do not meet the masonry
requirements of the Zoning Ordinance as relates to exterior walls to be allowed to seek a
waiver of said requirements and to amend the Zoning Ordinance to provide for procedures
for seeking such waivers; and
WHEREAS, the City of Anna, Texas desires to amend the definition of the term "Masonry"
in Section 4 of the Zoning Ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated.
The above -referenced recitals are incorporated herein as if set forth in full for all purposes.
Section 2. Amendments.
2.01 In accordance with Part II, Article I, Section 9 of the Anna City Code of Ordinances
("Anna Code"), the following amendment is made to Part III-C (Zoning Ordinance),
Section 4 (Definitions), as follows.
Section 4. Definitions
Masonry means brick, tile, stone, glass B-leelEblock, or flit face concrete
�eslFblock, but exclud�ges cement fiber or other similar veneer material.
(Ord. No. 200248, adopted 811312002; Ord. No. adopted
412412012)
City of Anna Ordinance No. Page 1 of 3
2.02 In accordance with Part II, Article 1, Section 9 of the Anna Code, Lite following
amendment is made to Part III-C (Zoning Ordinance), Section 35 (Supplementary
District Regulations), adding a new Section 35.04, as follows:
35.04 Waiver of Strict Compliance With Masonry Requirements.
An existing or
proposed Use that includes or
is proposed to include one or more Buildings with
exterior walls that are normally constructed with materials
that are consistent with
regionally or nationally ecognized commercial brand architectural design may
apply in writing to the City Council for a full or partial
waiver of any Masonry
requirement
that applies to such exterior walls The City
Council by ordinance
may grant such a full or partial waiver if:
(a) the City Council finds that the design will not negatively
ively impact the
surrounding properties; and
(b) the request is deemed by the City Council to be
appropriate and desirable
for the overall
design and direction of the City and not
directly
in conflict with the
City's Comprehensive Zoning Plan.
(Ord. No. 200248, adopted 811312002; Ord. No.
adopted
412412012
Section 3. Penalty.
Any violation of any of the terms of this ordinance, whether denominated in this ordinance as
unlawful or not, shall be deemed a misdemeanor. Any person convicted of any such violation
shall be fined in an amount not to exceed $2,000 for each incidence of violation. Each violation
is considered a separate offense and will be punished separately.
Section 4. Savings, Severability and Repealing Clauses.
All ordinances of the City in conflict with the provisions of this ordinance are repealed to the
extent of that conflict. If any provision of this ordinance shall be held to be invalid or
unconstitutional, the remainder of such ordinance shall continue in full force and effect the same
as if such invalid or unconstitutional provision had never been a part hereof. The City declares
that it would have passed this ordinance, and each section, subsection, clause, or phrase thereof
irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases
be declared unconstitutional or invalid.
Section 5. Publication of the Caption Hereof and Effective Date.
This ordinance shall be in full force and effective from and after its passage and upon the
posting and/or publication, if required by law, of its caption and the City Secretary is hereby
directed to implement such posting and/or publication.
City of Anna Ordinance No. Page 2 of 3
PASSED by Lite City Council of the City of Anna, Texas, this day of ,
2012.
ATTESTED:
City Secretary, Natha Wilkison
APPROVED:
Mayor, Darren R. Driskell
City of Anna Ordinance No.
Page 3 of 3
Council Meeting: Aril 24I 2012
Account Code #: N/A
Budgeted Amount: N/A
Item No. 9
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Maurice Schwanke
Date Prepared: 04/18/12
Exhibits: ■Yes ❑ No
AGENDA SUBJECT: Consider/Discuss/Action approving a Resolution regarding a
waiver to the masonry regulations.
SUMMARY: A request has been submitted for a waiver of the masonry requirements by
the Pilot Corporation to facilitate the redevelopment of the Exon truck stop facility
located at the southwest corner of West White Street (State Highway 455) with U.S. 75.
Currently, our ordinances require that the front of a commercial structure in "C-2" zoning
have 100 percent of the front elevation other than doors and windows be brick or stone
vaneer with 60 percent overall masonry. Pilot wants to add stone veneer to a portion of
the front and corners which would bring the structure into their national look. The style
that they are proposing is a vast improvement over what is currently in place. The
attached exhibit illustrates the elevation type they are trying to achieve.
RECOMMENDED ACTION: The staff is recommending approval of this request
subject to the Council approval of establishing a waiver process.
Item No. 9
City Secretary's use only
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION APPROVING A WAIVER TO THE STRICT COMPLIANCE WITH
THE MASONRY REQUIREMENTS FOR THE FLYING J/HUDDLE HOUSE
REDEVELOPMENT PROJECT, AND AUTHORIZING THE CITY MANAGER TO
EXECUTE SAME.
WHEREAS, the Pilot Corporation desires to make improvements to the property located
at the southwest corner of West White Street with U.S. 751
WHEREAS, The Pilot corporation wishes to maintain the national image of the
architectural style they have developed; and,
WHEREAS, the Pilot corporation is requesting a waiver to the 100 percent brick or
stone veneer on the front of the building and 60 percent overall coverage; and,
WHEREAS, the City desires to allow the project to be redeveloped as planned with a
partial waiver of the masonry requirements.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS THAT:
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. The City Council of the City of Anna, Texas hereby authorizes the City
Manager to execute same.
PASSED by the City Council of the City of Anna, Texas, on this 24t" day of April, 2012.
ATTEST:
Natha Wilkison, City Secretary
PAGE 1 OF 1
APPROVED:
Mayor, Darren R. Driskell
March 13, 2012
City of Anna
Attention: Maurice Schwanke
Director of Planning and Development
101 North Powell Parkway
Anna, TX 76409
972-924-3325
Re: Request for City Council to Waive the Masonry Content Requirements
Flying J #477 Remodel of Existing Facility, BV Number 2012-001066
Mr. Schwanke,
As we discussed, we have proposed the use of stone and stucco as our primary finish material for the remodel of the
new Flying J project in Anna. As noted in the an Review Comments, dated 2/17/12, this doesn't fully meet the
current Zoning ordinance, which requires the front elevation to be 100% masonry, and the sides and rear elevations
to be 60%.
Based on the improvements we are proposing, as well as consistency in corporate image that we are frying to
maintain, we are requesting that the City Council consider a Waiver to the current masonry content requirement, and
allow us to provide the stone and stucco finishes as shown on our drawings and clarified below.
I shared via email some before and after pictures of a recent remodel at one of our other facilities where we
converted a painted split faced block finish to a new stone and stucco finish, similar to whaf we are showing in Anna.
We are proposing to provide a stucco (real masonry stucco, not EIFS) and stone facade that will be durable,
attractive and improve the look if what is there today. We feet this is a good way to upgrade the existing building
while maintaining our established corporate image. Based on your review of the pictures we provided you have
agreed that our proposed image would be acceptable, but have requested that we add vertical stone columns to the
building corners, similar to what was shown in the pictures we presented. We will add the vertical stone to the front
and side elevations directly visible from the front and side streets.
We will be issuing drawing revisions to the contractor and will include the changes/clarifications
mentioned above. Those revised plans will be available #o forward to your office if requested. 1f you have
any questions or need any additional information please feel free to contact me directly.
Thank you for your consideration,
oy t3. Parsons III ���� pARSp�� /�
Corporate Architect Cn iQ ,�
Pilot Flying J oc t:!;
cc
(865) 588-7488 ext. 2786
Item No. 10 (a & b)
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Council Meeting: April 241 2012 Staff Contact: Maurice Schwanke
Account Code #: N/A Date Prepared: 04/19/12
Budgeted Amount: N/A Exhibits: ■Yes ❑ No
AGENDA SUBJECT: (a) Public Hearing: To consider public comment on an
ordinance of the City of Anna, Texas regarding regulations for Itinerant Vendors.
(Maurice Schwanke)
(b) Consider/Discuss/Action adopting an Ordinance of the City of Anna, Texas regarding
Regulations for Itinerant Vendors. (Maurice Schwanke)
SUMMARY:
From time to time the City receives requests from itinerant vendors who want to setup
temporary sales of products along our major thoroughfares that traverse the City. The
proposed ordinance outlines a procedure for itinerant vendors. The ordinance establishes
where on a site potential vendors can locate, time of day, and fee.
RECOMMENDED ACTION: Approval of the ordinance.
CITY OF ANNA, TEXAS
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING THE ANNA CITY
CODE OF ORDINANCES BY AMENDING PART II ARTICLE 10 BY ADDING
SECTION 6 (ITINERANT VENDORS); PROVIDING FOR A PENALTY FOR ANY
VIOLATION OF THIS ORDINANCE NOT TO EXCEED $500; PROVIDING FOR
SAVINGS, SEVERABILITY, AND REPEALING CLAUSES; PROVIDING FOR AN
EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION
HEREOF.
WHEREAS, the City of Anna, Texas ("the City") has previously adopted
ordinances, rules and regulations governing the use of land; and
WHEREAS, The City has previously adopted fee's for the issuance of registration
fees; and
WHEREAS, the City of Anna receives request from itinerant vendors who want to
setup temporary sales of products along our major thoroughfares that traverse the
City; and
WHEREAS, the City of Anna, Texas City Council has investigated and determined
that it would be advantageous and beneficial to the City and its citizens to amend
Part II, Article 10 by adding Section 6 which addresses itinerant vendors.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated.
The above -referenced recitals are incorporated herein as if set forth in full for all purposes.
Section 2. Amendment.
In accordance with Part II, Article 1, Section 9 of Anna, the following amendment is
added to Part II, Article 10;
Section 6. Itinerant Vendors
6.01 Definitions
The following words and phrases, when used in this section, shall have the
meaning ascribed to them by this section. All terminology used in this section and
not specifically defined herein, shall retain its meaning in conformance with
applicable publications of the American National Standards Institute (ANSI) or its
successor body or if not defined therein the latest volume of MerriamMebster's
Collegiate Dictionary.
City means the City of Anna, Texas.
Itinerant Vendor means any person, whether principal or agent, who engages in a
temporary or transient business, either in one locality or in traveling from place to
place, selling goods, wares and merchandise and who, for the purpose of carrying
on such business, hires, leases or occupies land for the exhibition and sale of such
goods, wares and merchandise.
Parkway means the area between the edge of the designated Street and the
adjacent owner's property line and including any public easement.
Sidewalk means any surface provided for the exclusive use of pedestrians.
Street means the right-of-way for a Street and the portion of the Street that is
paved, designated, or used for vehicular traffic, and all areas dedicated to public
use for public Street purposes, which include Parkways, alleys, Sidewalks,
drainage ditches and utility easements.
6.02 Permit Required
(a) Within the corporate limits of the City, it shall be unlawful for any person to
engage in Itinerant Vending under this section without having first obtained a
permit therefore from the City.
(b) Each person engaged in Itinerant Vending must have a permit issued under the
terms of this section, and such permit shall be personal to the applicant and shall
not be reproduced nor assigned nor transferred to any other person. Any such
attempted transfer or reproduction is a violation of this section and shall render the
permit void.
(c) Each permit shall expire as of the date noted thereon, which date shall be in
accordance with the provisions of this section, and such permit shall indicate the
hours when Itinerant Vending within the City is permitted in accordance with the
provisions of this section.
(d) It shall be unlawful for a Itinerant Vending to engage in an activity for a purpose
other than that set out in the application upon which a permit was issued.
6.03 Permit Application
Every applicant for a permit shall unless otherwise excepted apply for a permit
from the City Permit Officer. Each application required by this section shall be in
writing, and shall set out the following:
(a) the full legal name of the applicant;
(b) the full address of the applicant's permanent residence and any current
temporary address;
(c) the applicant's home and business telephone numbers;
(d) the kind, type and character of goods or services proposed to be offered
for sale;
(e) how often the applicant intends to solicit during the term of the permit;
(f) the time period within which the Solicitation is to be made, giving the
date of the beginning of Solicitation and its projected conclusion;
6.04 Permit Attachments and Standards
In addition to any other requirements for permit application, there shall be
attached to each application for a permit, the following:
(a) a letter of permission from the property owner.
(b) Plot Plan identifying setup and location
a. Must be outside of the parkway and street on private property.
b. Sidewalks must remain clear.
(c) Allowable Time of operation
a. Monday thru Saturday
b. 7 am to 7 pm.
(d) Site to remain free of trash and debris.
(e) No food or beverage sales.
(0 No vendor can be setup within 300 feet of another itinerate vendor.
(g) Yearly application fee of $25 is required.
6.05 Issuance of Permit
A permit applied for under this section shall be issued by the City Permit Officer
within 10 days after the application is completed and filed, unless it is
determined that the applicant has provided false or incomplete information on its
application, failed to pay the application fee, or is in violation of any requirement
or prohibition of this section. A permit requested under this section shall be
issued for the length of time requested, not to exceed one year. An expired
permit may be renewed under the same terms and conditions as the original
application and subject to the same fees and application submission
requirements.
Section 3. Penalty.
Any violation of any of the terms of this ordinance, whether denominated in this
ordinance as unlawful or not, shall be deemed a misdemeanor. Any person convicted
of any such violation shall be fined in an amount not to exceed $500 for each
incidence of violation. Each violation is considered a separate offense and will be
punished separately.
Section 4. Savings, Severability and Repealing Clauses.
All ordinances of the City in conflict with the provisions of this ordinance are repealed
to the extent of that conflict. If any provision of this ordinance shall be held to be invalid
or unconstitutional, the remainder of such ordinance shall continue in full force and
effect the same as if such invalid or unconstitutional provision had never been a part
hereof. The City declares that it would have passed this ordinance, and each section,
subsection, clause, or phrase thereof irrespective of the fact that any one or more
sections, subsections, sentences, clauses, and phrases be declared unconstitutional
or invalid.
Section 5. Publication of the Caption Hereof and Effective Date.
This ordinance shall be in full force and effective from and after its passage and upon
the posting and/or publication, if required by law, of its caption and the City Secretary
is hereby directed to implement such posting and/or publication.
PASSED by the City Council of the City of Anna, Texas, this day of
20
ATTESTED:
City Secretary, Natha Wilkison
APPROVED:
Mayor, Darren Driskell
n
x{oU�� �za�z��rowzv
Council Meeting: April 24, 2012
Account Code #:
Budgeted Amount.
Item No. 1 I
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Philip Sanders
Exhibits: ❑Yes ❑ No
AGENDA SUBJECT: Hold a Public Hearing and take appropriate action regarding the 2012
consumer price index (CPI) adjustment to municipal telecommunication right-of-way access line
rates.
SUMMARY: The Public Utility Commission of Texas has given the City the option to approve
or decline an increase in the City's telecommunications right-of-way access line rates. The
proposed 1.72% increase is based on inflation as measured by the consumer price index. Unless
the city elects to decline the increase, telecommunication access lines rates will automatically
increase by 1.72% on July 1.
RECOMMENDATION: Staff recommends that the Council decline the proposed increase in
access line rates.
x{oux� xonR�'z'ow�r
Council Meeting: April 24, 2012
Account Code #:_
Budgeted Amount:
Item No. 12
Ciry Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Chief Roma
Exhibits: ❑Yes ❑ No
AGENDA SUBJECT: Consider/Discuss/Action regarding a Resolution approving an
agreement with Anna Fire and Rescue Auxiliary Association, Incorporated, for the transfer of
furnishings and equipment in exchange for the purchase of furnishings and equipment for the fire
station.
SUMMARY: With the completion of the Fire Station remodel project, staff has identified
certain furnishings and equipment that no longer have an operational purpose. The attached
Resolution and Agreement would authorize the Anna Fire Rescue Auxiliary Association to sell
the surplus items to the public and then use to proceeds from the sale to buy other furnishings
and equipment for the Fire Station. Items that would be sold include:
1. Three refrigerators
2. as commercial grade griddle
3. Two deep fat fryers
4. Various cabinets, vent a hoods and kitchen items
5. Box freezer
RECOMMENDATION: Staff recommends approval of the attached Resolution and
Agreement.
CITY OF ANNA, TEXAS
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AN AGREEMENT
WITH ANNA FIRE AND RESCUE AUXILIARY ASSOCIATION, INCORPORATED,
FOR THE TRANSFER OF FURNISHINGS AND EQUIPMENT IN EXCHANGE FOR
THE PURCHASE OF FURNISHINGS AND EQUIPMENT FOR THE FIRE STATION
WHEREAS, the City Council ("Counc) of the City of Anna, Texas ("City") wishes to
transfer ownership of certain personal property, specifically certain furnishings and
equipment that no longer have value for operational purposes; and
WHEREAS, the Council intends that said furnishings and equipment be transferred to
Anna Fire and Rescue Auxiliary Association, Inc. ("AFR") to be sold by AFR with the
proceeds being used by AFR solely for expenses directly associated with the purchase
of furnishings and equipment for the City's Fire Station; and
WHEREAS, the Council finds and determines that the furnishings and equipment
referenced in the foregoing paragraph furthers the City's public purpose of providing
facilities in the City's Fire Station that support the City's ability to protect the health,
safety and welfare of the City's citizens and the general public; and
WHEREAS, the Council finds that the Agreement attached hereto as Exhibit A
("Agreement") provides sufficient safeguards to assure that all value provided by the
City under the Agreement will be used solely for a public purpose;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS THAT:
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. Approval of Agreement
The Council hereby approves the Agreement, attached hereto as EXHIBIT A,
incorporated herein for all purposes, and authorizes the City Manager to execute same
on its behalf.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 24th
day of April, 2012.
APPROVED:
ATTEST:
CITY OF ANNA, TEXAS RESOLUTION NO._ PAGE 1 OF 2
Darren R. Driskell, Mayor
NaMa Wilkison, City Secretary
CITY OF ANNA, TEXAS RESOLUTION NO._ PAGE 2 OF 2
AGREEMENT
This Agreement (this "Agreement") is made by and between the City of Anna, Texas
("City"), and Anna Fire and Rescue Auxiliary Association, Incorporated ("AFR") and is
entered into on this day of , 2012.
Section 1 % Summary
For and in consideration of the mutual promises and obligations set forth herein, this
Agreement governs the transfer of ownership by the City to AFR of certain Furnishings
and Equipment, in accordance with the provisions of this Agreement.
Section 2. Definitions
Meanings. For purposes of this Agreement, the following meanings shall apply:
(1) City shall mean the City of Anna, Texas, ahome-rule municipality incorporated
under the laws of the State of Texas.
(2) AFR shall mean Anna Fire and Rescue Auxiliary Association, Incorporated, a
nonprofit corporation incorporated under the laws of the state of Texas.
(3) Furnishings and Equipment shall mean items of personal property in the City of
Anna Fire Station transferred under this Agreement that that no longer have value
for operational purposes as determined by the City Manager, specifically including
three refrigerators, a gas commercial grade griddle, two deep fat fryers, various
cabinets, vent a hoods and kitchen items, and a box freezer.
Section 3. General Requirements
(1) The City will deliver the Furnishings and Equipment to AFR.
(2) AFR shall undertake to sell the Furnishings and Equipment at a garage sale or
other method of sale approved by the City Manager that will provide members of
the public a fair opportunity bid on or otherwise make an offer to purchase said
Furnishings and Equipment.
(3) AFR will use all proceeds from the sale of the Furnishings and Equipment to
purchase furnishings and equipment for the City of Anna Fire Station as authorized
by the City Manager.
(4) AFR shall promptly return to the City any Furnishings and Equipment that it is
unable to sell in accordance with this Agreement.
Section 4. Amendment
AGREEMENT PAGE 1 OF 4
This Agreement may not be amended except pursuant to a written instrument signed by
both parties.
Section 5. Notice
Notice as required by this Agreement shall be in wrng delivered to the parties via U.S.
certified mail, return receipt requested, at the addresses listed below:
City of Anna
City Manager
City of Anna
111 N. Powell Parkway
Anna, Texas 75409
AFR
AFR President
305 S. Powell Parkway
Anna, Texas 75409
Each party shall notify the other in writing within 10 days of any change in the
information listed in this section.
Section 6. No Waiver of Immunity; No Third -Party Beneficiaries
Nothing in this Agreement waives any governmental immunity available to the City
under Texas law. The provisions of this Agreement are solely for the benefit of the
parties hereto and are not intended to create or grant any rights, contractual or
otherwise, to any other person or entity.
Section 7. Entire Agreement
This Agreement represents the entire and integrated Agreement between the City and
AFR and supersedes all prior negotiations, representations and/or agreements, either
written or oral with respect to the matters set forth herein.
Section 8. Governing Law and Venue
This Agreement shall be governed by the laws of the State of Texas as to interpretation
and performance. Any and all legal action necessary to enforce this Agreement shall be
brought in a court of competent jurisdiction in Collin County, Texas.
Section 9. Severability
The provisions of this Agreement are severable. In the event that any paragraph,
section, subdivision, sentence, clause, or phrase of this Agreement shall be found to be
contrary to the law, or contrary to any rule or regulation having the force and effect of
the law, such decisions shall not affect the remaining portions of this Agreement.
Section 10. Contract Interpretation
AGREEMENT
PAGE 2 OF 4
This Agreement is the result of negotiation between the parties, and shall, in the event
of any dispute over the meaning or application of any portion thereof, be interpreted
fairly and reasonably, and not to be more strictly construed against one party than
another, regardless of which party originally drafted the section in dispute.
Section 11. Force Majeure
If a party is prevented or delayed from performing any of its obligation hereunder due to
a natural or manmade event or condition not caused by such party and beyond such
)arty's reasonable control, then such party's performance of those obligations shall be
suspended until such time as the event or condition no longer prevents or delays
performance. If any event or condition results in the creation of amounts of refuse in
excess of ordinary amounts, then the parties shall discuss, but shall not be bound to
conclude, terms and conditions for collection of those excess amounts.
AGREEMENT PAGE 3 OF 4
Section 12, Assignment
It is understood and agreed that AFR shall not assign, sublet, or transfer any of the rights
and duties under the terms of this Agreement without the prior written approval of the City.
Section 13. Effective Date
This Agreement shall be effective upon the date first stated herein, and performance of
such Agreement shall begin as soon thereafter as practicable, or as specified herein.
SIGNATURES:
Anna Fire and
I n co rporated
By:
Rescue Auxiliary Association,
Frank Roma, its President
City of Anna, Texas
Philip Sanders, City Manager
AGREEMENT PAGE 4 OF 4
'K{OURS HOMETOW N
Council Meeting: Apri124I 2012
Account Code #:
Budgeted Amount:
Item No. 13
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: City Attorney
Exhibits: ❑Yes ❑ No
AGENDA SUBJECT: Consider/Discuss/Action regarding an Ordinance amending Ordinance
No. 514-2010, as amended, regarding emergency management procedures.
SUMMARY: The attached ordinance was drafted at the request of the City Council and
outlines procedures for the appointment of an emergency management coordinator.
CITY OF ANNA, TEXAS
3 7PG1►L!53 M1h: LWa
AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING ORDINANCE NO.
514=2010, AS AMENDED BY ORDINANCE NO. 577-2012, GOVERNING ELIGIBILITY
AND MINIMUM QUALIFICATIONS FOR THE POSITION OF EMERGENCY
MANAGEMENT COORDINATOR AND PROCEDURES RELATED TO CANDIDATES
FOR POSITION OF EMERGENCY MANAGEMENT COORDINATOR; PROVIDING
FOR PENALTIES IN AMOUNTS NOT TO EXCEED $2,000 FOR VIOLATIONS,
PROVIDING FOR CONSTRUCTION AND SEVERABILITY; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, under Texas Administrative Code, 37 TAC § 7.13, a municipality —in order
to qualify for certain federal assistance programs authorized under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act as amended, and other federal statutes —
must establish by ordinance a local emergency management agency and must establish an
emergency management plan; and
WHEREAS, on October 12, 2010, the City Council of the City of Anna, Texas ("City
Council") adopted City of Anna, Texas Ordinance No. 514-2010 establishing such an
agency and adopting such a plan; and
WHEREAS, on March 29, 2012, the City Council adopted City of Anna, Texas
Ordinance No. 577-2012, amending certain provisions of City of Anna, Texas Ordinance
No. 514-2010; and
WHEREAS, City of Anna, Texas Ordinance No. 514-2010, as amended by Ordinance
No. 577-2012, is hereinafter referenced as "Ordinance No. 514-2010; and
WHEREAS, the City Council recognizes and acknowledges that under 37 TAC § 7.2,
the Emergency Management Director of the City of Anna, Texas may designate an
emergency management coordinator who shall serve as an assistant to the Mayor for
emergency management purposes when so designated; and
WHEREAS, under Ordinance 514-2010 the City Council and the City's Mayor
designated the City's Chief Executive, the City Manager, to serve as the City's
Emergency Management Coordinator; and
WHEREAS, the provisions in Ordinance 514-2010 designating the Chief Executive as
Emergency Manager Coordinator have not previously been amended or repealed; and
WHEREAS, the City Council desires to adopt certain eligibility requirements and
minimum qualifications that persons must meet in order to be designated by the
Emergency Management Director to serve as the emergency management coordinator,
subject to the temporary suspension of such requirements under certain disaster -related
circumstances; and
CITY OF ANNA, TEXAS ORDINANCE NO._ Page 1 of 5
WHEREAS, the City Council desires to adopt certain procedures concerning the
designated by the Emergency Management Director of the emergency management
coordinator, subject to the temporary suspension of such procedures under certain
disaster -related circumstances;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS
Section 1. Recitals Incorporated
All matters stated in the preamble of this ordinance are found to be true and correct and
are incorporated into the body of this ordinance as if copied in their entirety.
Section 2. Amendments to Ordinance No. 514-2010.
2.01 The definition of "Emergency Management Coordinator" as set forth in Section 3
of Ordinance No. 514-2010 is hereby amended as follows:
Emergency Management Coordinator means the rh�of �.,o„„+;,,o of+;,,or ep rson
designated to serve in said position in accordance with Section 4 of this
ordinance.
2.02 Ordinance No. 514-2010 is hereby amended as follows:
Section 4. Organization.
(a) The operational disaster and emergency services organization of
the City shall consist of the municipal officers and employees set
forth in this ordinance and those who may be designated by
in accordance with this
ordinance. Plans of organization shall substantially conform to
recommendations of the federal government and the State Division
of Emergency Management of the State of Texas or any similar or
successor agencies. The functions and duties of the organization
shall be distributed to the officers and employees of the City in
accordance with the terms of the emergency management program
or plan.
(b)
In accordance
with
the
requirements
and procedures
of
this section,
the Emergency
Management
Director shall
designate an
Emergency Management
Coordinator who shall
serve as an
CITY OF ANNA, TEXAS ORDINANCE NO._ Page 2 of 5
management purposes.
Cl Only persons actively holding the following types of City positions
are eligible to be designated and serve as the Emergencv
Management Coordinator: (1) the Chief Executive; or (2) an active
employee or volunteer member of the City's police department or
fire department who has been authorized by the Chief Executive to
assume the duties of an Emergency Management Coordinator. The
term "active" in this subsection means currently servinq as a City
employee or volunteer and not on leave. The term "active" does not
include members of an auxiliary police or fire association, unless the
member of such auxiliary organization is also an active City
employee or active volunteer members of the police department or
fire department.
d) Within 30 days after the effective date of this ordinance and within
30 days of the date that any Emergencv Management Coordinator
Permanently ceases to serve in such role, or as soon as practicable
thereafter, the Emergency Management Director in consultation with
the Chief Executive may recommend for the City Council 's
consideration one or more eligible persons to serve as Emergency
Management Coordinator.
e) Within 30 days of receiving any such recommendations: (1) the Cit
Council shall nominate one or more eligible persons —who may be
but are not required to be the persons) recommended under
subsection (d)—to serve as Emergency Management Coordinator;
(2) the Emergency Management Director shall designate the person
(or one of the persons, as applicable) nominated by the City Council
to serve as Emergency Management Coordinator; and (3) the
Emergency Management Director shall provide written notice to the
Chief Executive of the name, address, and telephone number of the
person designated to be the Emergency Management Ordinance.
If for any reason the Emergencv Management Director does not
designate an Emergencv Management Coordinator within the time
period set forth in subsection (e)then the CitC y ouncil must
, as
soon as practicable thereafter designate an eligible person to serve
as Emergency Management Coordinator, and that person shall
serve until ceasing to serve in accordance with this section.
(g) At the time that an Emergency Management Coordinator for any
reason ceases to serve as Emergencv Management Coordinator,
then a new Emergency Management Coordinator shall be
designated using the procedures set forth in subsections (d) and
(e). When the Emergency Management Coordinator is for anv
CITY OF ANNA, TEXAS ORDINANCE NO._ Page 3 of 5
reason not available, and during any vacancy in the position of
Emergency Management Coordinator, the Chief Executive shall
serve as Emergency Management Coordinator.
(h) Any person serving as Emergency Management Coordinator,
must —at the time of being designated or within six months of being
designated —obtain the basic training level of preparedness
required for emergency management coordinators as outlined in the
Preparedness Standards for Emergency Management in Texas
(TDEW 00), as amended, published by the Texas Department of
Public Safety — Texas Division of Emergency Management.
i) If the Comarehensive Emeraencv Plan is invoked due to an
Emergency or a declared disaster and the person designated to be
the Emergency Management Coordinator and the Chief Executive
are both unable to perform the duties of the position due to death or
mental and/or physical incapacity, then the eligibility, training, and
procedural requirements of this section shall be temporarily
suspended and the Emergency Management Director shall
designate a new Emergency Management Coordinator to serve until
the Emergency or declared disaster has ceased.
Section 3. Savings, Severability and Repealing Clauses
All ordinances of the City in conflict with the provisions of this ordinance are repealed to
the extent of that conflict, except that unless Cl"d until an Emergency Management
Coordinator is designated in accordance with this Ordinance, the provisions of
Ordinance 514-2010 that designate the Chief Executive as the Emergency
Management Coordinator shall remain in effect . If any provision of this ordinance shall
be held to be invalid or unconstitutional, the remainder of such ordinance shall continue
in full force and effect the same as if such invalid or unconstitutional provision had never
been a part hereof. The City declares that it would have passed this ordinance, and
each section, subsection, sentence, clause, or phrase thereof irrespective of the fact
that any one or more sections, subsections, sentences, clauses, and phrases be
declared unconstitutional or invalid.
Section 4. Publication of the Caption Hereof and Effective Date
This ordinance shall be in full force and effective from and after its passage and upon
the posting and/or publication, if required by law, of its caption and the City Secretary is
hereby directed to implement such posting and/or publication.
PASSED by the City Council of the City of Anna, Texas, this 24th day of April, 2012.
CITY OF ANNA, TEXAS ORDINANCE NO._ Page 4 of 5
ATTESTED:
City Secretary, Natha WIIKlson
APPROVED:
Mayor, Darren R. DnSKell
CITY OF ANNA, TEXAS ORDINANCE NO._ Page 5 of 5
Council Meeting: Apri124, 2012
Account Code #: N/A
Budgeted Amount:.
Item No.14
City Secretary's use only
City of Anna
City Council Agenda
all Report
Staff Contact: Philip Sanders
Date Prepared: 4-19�12
Exhibits: ❑Yes ❑ No
AGENDA SUBJECT: 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.4
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).
b. Personnel Matters: City Attorney Annual Evaluation. (Tex. Gov't Code
§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.
f.Yll�� 1►i /•�7i�
RECOMMENDATION:
Item No. 15
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Council Meeting: April 24, 2012
Account Code #: N/A
Budgeted Amount: N/A
AGENDA SUBJECT: Consider/Discuss/Action
agenda for April 24, 2012 City of Anna Workshop
occurring during this Regular Meeting, as necessary.
SUMMARY:
RECOMMENDATION:
Staff Contact: Philip Sanders
Date Prepared: 4-19-12
Exhibits: ❑Yes ❑ No
on any items listed on posted
Session or any closed session
Council Meeting: Apri124, 2012
Account Code #: N/A
Budgeted Amount: N/A
AGENDA SUBJECT: Adjourn.
SUMMARY:
Item No. 16
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Philip Sanders
Date Prepared: 4-19�12
Exhibits: ❑Yes ❑ No
RECOMMENDATION: Staff recommends a motion to adjourn.
Welcome to the city counc[[ meeting.. Your presence and partftfpat€on are
appreciated. .You may make your opinion known on an issue andfor regiater to -
speak to the Mayor wd Gil Co.uncil. Ptease Lum this fo En a� the star- tahfe, to
6e forwarded to the Mayor. Please step tothe podifilm as snore as you are
recognized by th8 Mayor and state your name and address before beginning. your
presentation. If you have written notes or other material you wish, to present to the
Mayer and Gouncff, F please furnish are extra c9py for the official files.
Name:
address.
C f Sate / Zip._ /y7p cl
T.elephona Number (al. � 6 Y 6 71
Regarding Agenda herd No. ouncii MeefFng Date.,
�ga�nst
r�t€r�et�ts: {Cl hacl€ if n�ces�a�
� t�[sh to address the �ria�r ar�d �l �c�uncil.
do not wish to address the Mayor and City Council, but do, wish fa regfster
vVeRcrOme to the city cet�ncii meeting., Your presence and particOatforl are
appreciated.. u may make your opinion known. an an issue andfor reMeter to -
speak to the Mayor and Gx. iry Coun�I. Ptease ttlm this form in at the Staff, tabie- to
be forwarded td the [day -or. Pfease step to the podFum as soca as You are
recognized the Mayer and stat6 your name and address before be.g.1nning aUr
presentat'lon. It you have n notes or carer mater ai you wiser to presentto
the
Mayer and Gouncif, ptease furrt h- act extra c9py for the official ties_
i atne: — C
ity Sate Zip.
Regarding agenda item �.
r��ents: {it �ae� i� ne�essa��
UtILOU IvItmminu L'Ja v�--
{ against
{ } i is� t� addra�s tie �tta�or and f�i �c�un�ii.
i do not wish to address the Mayor and City Council, but € o, wish fa re€gIster
MY Oprnfon"
CITY COUNCIL MEETING
SIGN IN SHEET
DATE:
Please sign -in as a record of attendance. All persons desiring to address the council are
requested to sign below and fill out an Opinion/Speaker Registration Form. Please hand
the Opinion/Spealcer Registration Form to the City Secretary prior to the start of the City
Council Meeting.
NAME ADDRESS
CITY OF ANNA, TEXAS
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING THE ANNA CITY
CODE OF ORDINANCES BY AMENDING PART II, ARTICLE 10 (BUSINESS
REGULATIONS) BY ADDING SECTION 6 (ITINERANT VENDORS), PROVIDING
FOR PERMITTING AND REGULATION OF ITINERANT VENDING; PROVIDING
FOR A PENALTY FOR ANY VIOLATION OF THIS ORDINANCE NOT TO EXCEED
$500, PROVIDING FOR SAVINGS, SEVERABILITY, AND REPEALING CLAUSES,
PROVIDING FOR AN EFFECTIVE DATE, AND PROVIDING FOR THE
PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the City Council of the City of Anna, Texas (the "City Council") has
previously adopted ordinances, rules, and regulations governing business
activities conducted in the City; and
WHEREAS, the City of Anna, Texas ("City") receives requests from itinerant
vendors who want to conduct temporary sales of products along major
thoroughfares that traverse the City, and the City Council desires to allow for
Itinerant Vending under certain circumstances; and
WHEREAS, the City of Anna, Texas City Council (the "City Council") has
investigated and determined that it would be advantageous and beneficial to the City
and its citizens to amend Part II, Article 10 (Business Regulations) by adding
Section 6 (Itinerant Vendors), which shall regulate Itinerant Vending,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated.
The above -referenced recitals are incorporated herein as if set forth in full for all
purposes.
Section 2. Amendment.
In accordance with Part II, Article 1, Section 9 of the Anna City Code of Ordinances,
the following new Section 6 (Itinerant Vendors) is added to Part II, Article 10
(Business Regulations):
Section 6. Itinerant Vendors
6.01 Definitions
The following words and phrases, when used in this section, shall have
the meanings ascribed to them by this section. All terminology used in
CITY OF ANNA, TEXAS ORDINANCE NO. Page 1 of 5
this section and not specifically defined herein, shall retain its meaning in
conformance with applicable publications of the American National
Standards Institute (ANSI) or its successor body or if not defined therein
the latest volume of Merriam-Webster's Collegiate Dictionary. Otherwise ,
all terminology not defined as described above shall be understood by its
ordinance meaning.
City means the City of Anna, Texas.
Itinerant Vendor means any person, whether principal or agent, who
engages in a temporary or transient business, either in one locality or in
traveling from place to place, selling goods, wares, merchandise, and/or
services and who, for the purpose of carrying on such business, hires,
leases or occupies land for the exhibition and sale of such goods, wares,
merchandise, and/or services.
Itinerant Vending means performing the acts of an Itinerant Vendor.
Parkway means the area between the edge of the designated Street and
the adjacent owner's property line and including any public easement.
Sidewalk means any surface provided for the exclusive use of
pedestrians.
Street means the right -of --way for a Street and the portion of the Street
that is paved, designated, or used for vehicular traffic, and all areas
dedicated to public use for public Street purposes, which include
Parkways, alleys, Sidewalks, drainage ditches and utility easements.
6.02 Permit Required and Other Regulations
(a) Within the corporate limits of the City, it shall be unlawful for any
person to engage in Itinerant Vending without having first applied for and
obtained a permit therefore from the City as required under this section.
(b) Each person engaged in Itinerant Vending must possess an
unexpired permit issued under the provisions of this section.
(c) Each such permit shall be personal to the applicant and shall not be
reproduced nor assigned nor transferred to any other person. Any such
attempted transfer or reproduction is a violation of this section and shall
render the permit void.
(d) Each permit shall expire as of the date noted thereon, which date
shall be in accordance with the provisions of this section, and such
permit shall indicate the hours during which the holder of the permit may
engage in Itinerant Vending.
CITY OF ANNA, TEXAS ORDINANCE NO. Page 2 of 5
(e) Each permit shall describe any category of goods, wares, services,
and merchandise that are allowed to be sold by the holder of the permit.
(f) Unless expressly stated to the contrary in a validly issued permit, it
shall be unlawful:
(1) for any Itinerant Vendor to sell any type of goods, wares, services,
or merchandise that is not listed in the application upon which a
permit was issued;
(2) for any Itinerant Vending to occur on any part Of a Street,
Parkway, or Sidewalk or at any location not set forth in a validly
approved application for permit;
(3) for any Itinerant Vending to occur at any time other than between
the hours of 7 a.m. to 7 p.m., Monday — Saturday;
(4) for any Itinerant Vending to include the sale of any foods or
beverages;
(5) for there to be any accumulation of trash or debris on any site
upon which Itinerant Vending is conducted;
(6) to engage in Itinerant Vending within 300 feet of any location that
is the subject of a previously issued, unexpired Itinerant Vending
permit; or
(7) for an Itinerant Vendor to violated any other provision of this
section or other applicable City ordinances or regulations.
6.03 Permit Application
Every applicant for a permit shall unless otherwise excepted apply for a
permit from the City Permit Officer. Each application required by this
section shall be in writing, and shall set out the following:
(a) the full legal name of the applicant;
(b) the full address of the applicant's permanent residence and
any current temporary address;
(c) the applicant's home and business telephone numbers;
(d) the kind, type and character of goods, wares, merchandise
and/or services proposed to be offered for sale;
CITY OF ANNA, TEXAS ORDINANCE NO. Page 3 of 5
(e) a general description of the manner in which the applicant
intends to engage in Itinerant Vending during the term of the
permit;
(f) the time period over which the Itinerant Vending is to endure,
including the starting date and the ending date; and
(g) the submission date of the application.
6.04 Permit Attachments and Fee
In addition to any other requirements fora permit application, there
shall be submitted with each application for a permit, the following:
(a) a letter of permission from the owner of the real property that is
the subject of the permit;
(b) a Plot Plan identifying said real property and showing its
location in relation to any abutting or adjacent Streets,
Parkways, or Sidewalks; and
(c) an application fee of $25, unless the applicant has obtained an
Itinerant Vendor permit from the City within the same calendar
year as the application submission date, in which case the fee
is waived; provided, however, that there shall be no such
waiver if —at any time during the twelve-month period
preceding the application submission date —the applicant has
been convicted of a violation of this section or has had an
Itinerant Vending permit revoked by the City.
6.05 Issuance and Nature of Permit
(a) A permit applied for under this section shall be issued or denied by
the City Permit Officer within 10 days after the application is
completed and submitted, unless it is determined that the applicant
has provided false or incomplete information on its application,
failed to pay the application fee, is in violation of —or whose
proposed Itinerant Vending would be in violation of —any
requirement or prohibition of this section.
(b) A permit requested under this section shall be issued for the length
of time requested, not to exceed one year. An expired permit may
be renewed under the provisions and requirements that exist at the
time that renewal is sought.
(c) A permit issued under this section is not a property right and may
be revoked b the City Permit Officer
CITY OF ANNA, TEXAS ORDINANCE NO. Page 4 of 5
(d) A permit issued under this section will be revoked if the owner of
the real property that is the subject of the permit withdraws consent
or if the holder of the permit is in violation of any provision of this
section.
Section 3. Penalty.
Any violation of any of the terms of this ordinance, whether denominated in this
ordinance as unlawful or not, shall be deemed a misdemeanor. Any person convicted
of any such violation shall be fined in an amount not to exceed $500 for each
incidence of violation. Each violation is considered a separate offense and will be
punished separately.
Section 4. Savings, Severability and Repealing Clauses.
All ordinances of the City in conflict with the provisions of this ordinance are repealed
to the extent of that conflict. If any provision of this ordinance shall be held to be invalid
or unconstitutional, the remainder of such ordinance shall continue in full force and
effect the same as if such invalid or unconstitutional provision had never been a part
hereof. The City declares that it would have passed this ordinance, and each section,
subsection, clause, or phrase thereof irrespective of the fact that any one or more
sections, subsections, sentences, clauses, and phrases be declared unconstitutional
or invalid.
Section 5. Publication of the Caption Hereof and Effective Date.
This ordinance shall be in full force and effective from and after its passage and upon
the posting and/or publication, if required by law, of its caption and the City Secretary
is hereby directed to implement such posting and/or publication.
PASSED by the City Council of the City of Anna, Texas, this day of
20
ATTESTED:
City Secretary, Natha Wilkison
APPROVED:
Mayor, Darren R. Driskell
CITY OF ANNA, TEXAS ORDINANCE NO. Page 5 of 5