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HomeMy WebLinkAbout2013-06-11 Workshop & Regular Meeting PacketCITY COUNCIL MEETING SIGN IN SHEET DATE: � / f 13 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/Speaker Registration Form to the City Secretary prior to the start of the City Council Meeting. .■ Y{OUR? HOMETOW N NOTE LOCATION OF WORKSHOP CITY OF ANNA AGENDA NOTICE -CITY COUNCIL WORKSHOP June 11, 2013 6:30 p.m. —Anna Fire Station Ashmore Room The City Council of the City of Anna will meet in Workshop Session at 6:30 p.m., June 11, 2013, at the Anna Fire Department, located at 305 South Powell Parkway (Hwy 5) in the Ashmore training room, regarding the following items. 1. Call to Order 2. Briefing/Discussion regarding North Central Texas Council of Governments Storm Shelter Grant. (Chief Gothard) 3. Briefing/Discussion regarding the FY 2014 Budget. (City Manager) 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. discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code §551.087); proposed mixed use development. 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 shadd contact the City Secretary at 972 924- 3325 two working days prior to the meeting so that appropriate arrangements can be made. 06-I I-13 CC Workshop Meeting Agenda.doc 1 Posted 06-07-13 c. discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); lease of office space. 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. Consider/Discuss/Action on any items listed on posted agenda for June 11, 2013 City of Anna City Council Regular Meeting or any Closed Session occurring during this Workshop, as necessary. 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., June 7, 2013. �2�i�a 2Uu?�� Natha Wilkison, City Secretary I. 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 tinder 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 hvo working days prior to the meeting so that appropriate arrangements can be made. 06-1 I-13 CC Workshop Meeting Agenda.doc 2 Posted 06-07-13 a I t trhS i o1 ��]? i]. I Council Meeting: June 11, 2013 Item No. 2 WS City of Anna City Council Agenda Staff Report Staff Contact: Chief Gothard Account Code #: Budgeted Amount: Exhibits: ❑ Yes X No AGENDA SUBJECT: North Texas Council of Governments Storm Shelter Program SUMMARY: The North Texas Council of Governments has applied for and received a grant to assist citizens in a four County region (Collin, Dallas, Denton, and Tarrant) with a rebate program for storm safe rooms. The grant will pay up to $3000 per awardee. Below are a few details I have received from the NTCOG. 1. The new launch date was Wednesday June 5. 2. The application form is an online application process. 3. The online application portal will be capped at 100 slots per county. Once those slots are filled, applicants will then be redirected to a landing page stating that the slots have been filled and that they can return to the portal site once in 2 weeks the slots to register on the have been filled to waiting list. NCTCOG minimize the risk of must close the crashing the site. Anna citizens have been in touch with Maurice to get the paperwork to begin the process. RECOMMENDATION: Informational Only {oU���o���o,�� Council Meeting: Account Code #_ Amount: June 11 2013 Item No. 3 W S City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: City Manager Exhibits: ❑Yes ❑ No AGENDA SUBJECT: Briefing/Discussion regarding FY 2014 Budget Preview SUMMARY: Staff will provide a outline and explanation of the City's budgeting process, and a preview of the FY 2014 budget. Y{OUR} HOMETOW 1V CITY OF ANNA AGENDA NOTICE —CITY COUNCIL REGULAR MEETING June 11, 2013 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., June 11, 2013, at the Anna City Hall Administration Building, located at 111 North Powell Parkway (Hwy 5), to consider the following items. Welcome to the City Coarncil Meeting. Please sign the Sign -In -Sheet as a recor attendance. If yozr wish to speak on an open -session Opinion/Speaker• Registration Form and turn it in to meeting starts. 1. Call to Order. 2. Invocation and Pledge of Allegiance. agenda item please fill out the City Secretary before d of the the 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 Barring this section that are not on the agenda, other than to make statements of specific factual information in response to a citizen's ingaciry or to recite existing policy in response to the inquiry. 4. Receive reports from Staff or the City Council about items of community interest. Items of community interest include: expressions of thanks, congratulations, or condolence; information r^egar•ding 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 regar^ding 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 annoarncements involving an imminent threat to the public health and safety of people in the marnicipality that has arisen after the posting of the agenda. 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 hvo working days prior to the meeting so that appropriate arrangements can be made. 06-11-13 CC Regular Meeting Agenda.doc 1 Posted 06-07-13 5. Consent Items. These items consist of non -controversial or• "housekeeping" items required by lain. Items may be considered individually by any Council member making such request prior to a motion and vote on the Consent Items. a. Approve City Council Regular Minutes of May 28, 2013. b. Approve "Tallent Development Plat". (Maurice Schwanlce) c. Approve "Adams Addition" development plat. (Maurice Schwanlce) d. Approve the re-plat/amending plat of "Urban Crossing" subdivision. (Maurice Schwanlce) 6. Briefing/Discussion regarding Texoma Area Paratransit Systems (TAPS). (City Manager) 7. Consider/Discuss/Action regarding a Resolution designating an elected official to serve as a voting representative to the NCTCOG General Assembly. (City Council) 8. (a) Public Hearing: For City Council to hear public comment regarding amending an Ordinance governing pro-rata charges and other regulations related to extension of utility service lines. (Maurice Schwanlce) (b) Consider/Discuss/Action regarding Amending an Ordinance governing pro-rata charges and other regulations related to extension of utility service lines. (Maurice Schwanlce) 9. Consider/Discuss/Action regarding a Resolution authorizing initiation/termination of drought or water emergency response stages. (City Manager) 10. 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. discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development 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 hvo working days prior to the meeting so that appropriate arrangements can be made. 06-11-]3 CC Regular Meeting Agenda.doc 2 Posted 06-07-13 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); proposed mixed use development. c. discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); lease of office space. 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. 11. Consider/Discuss/Action on any items listed on posted agenda for June 11, 2013 Workshop Session or any closed session occurring dm•ing this Regular Meeting, as necessary. 12. Adjourn. This is to certify that I, Natha Wilkison, City Secretary, posted this agenda at a place readily accessible to the public at the Anna. City Hall and on the City Hall bulletin board at or before 5:00 p.m. June 7, 2013. `2l�:>� �%u� Natha Wilkison, City Secretat•y 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 hvo working days prior to the meeting so that appropriate arrangements can be made. 06-11-13 CC Regular Meeting Agenda.doc 3 Posted 06-07-13 IiOMETOWN Council Meeting: June 11, 2013 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: Philip Sanders Date Prepared: 6-0713 Exhibits: ❑Yes ❑ No i iir),i f aY trl :'i.i Council Meeting: June 11, 2013 Account Code #: Item No. 2 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 6-07-13 Budgeted Amount: N/A Exhibits: ❑Yes AGENDA SUBJECT: Invocation and Pledge of Allegiance. �.Yil► lu/�•� RECOMMENDATION: ❑ No Council Meeting: June 1 I, 2013 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: 6-07-13 Exhibits: ❑Yes ❑ No AGENDA SUBJECT: Citizen Comments. Citizens are alloN�ed 3 minutes to speak. The Coarncil is zrnable to �^esporrd to or discuss any issues that a��e brought zrp during this section that are not on the agenda, other than to make statements of specifrc factzral information in response to a citizen's inquiry or to recite existing policy in f^espouse to the irrquify. SUMMARY: � \/_1L--\_I �_--�� _1_ Council Meeting: June 11, 2013 Account Code #: N/A Item No. 4 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders It. - � - • . - • • 1 Budgeted Amount: N/A Exhibits: ❑Yes ❑ No AGENDA SUBJECT: Receive reports from Staff or the City Council about items of community interest. Items of community interest irrclarde: expressions of thanks, corrgr^atrrlatio>7s, or condole>7ce; information r^egar^ding holiday schedules; an ho>7orary or salutary recognition of a public official, public employee, or other citizen (but not irrclzrding a change in statzrs of a per^sorr's parblic office or public employment); a reminder about arr irpcomirrg event or^ga>7ized or sponsored by the governing body; information regar^ding a social, ceremonial, or corr�mzr>7ity event or^ganized or sponsor^ed by an entity other than the governing body that mas attended or is scheduled to be attended by a member^ of the governing body or an official or employee of the murricipaliry; 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. ■w Council Meeting: June 11, 2013 Account Code #: N/A Budgeted Amount: N/A Item No. 5 (a - d) City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 6-07-13 Exhibits: ❑Yes ❑ No AGENDA SUBJECT: Consent Items. These items co»sist of non -controversial or "housekeeping" items regzrired by law. Items may be considered individually by any Council member making such request prior to a motion and vote on the Consent Items. a. Approve City Council Regular Minutes of May 28, 2013. b. Approve "Tallent Development Plat". (Maurice Schwanlce) c. Approve "Adams Addition" development plat. (Maurice Schwanlce) d. Approve the re -plat of "Urban Crossing" subdivision. (Maurice Schwanke) RECOMMENDATION: Staff recommends approval of the consent items. 11l l i►`[IJI I� �T.Y�� �I CITY OF ANNA AGENDA NOTICE -CITY COUNCIL WORKSHOP May 28, 2013 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., May 28, 2013, at the Anna City Hall Administration Building, located at lll North Powell Parkway (Hwy 5), regarding the following items. 1. Call to Order. Mayor Mike Crist called the meeting to order at 6:30 pm. 2. Roll Call and Establishment of Quorum. Mayor Mike Crist and Council Members James T. Cook, Lauren Lovato, Chad Barnes and Nathan Bryan were present. Council Member Hopewell was absent. 3. Review Strategic Plan. (City Manager) City Manager, Philip Sanders presented the item to council and staff member's updated council on the Strategic Plan. Council did not enter closed session at this time. 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. discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financiai information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code §551.087); proposed mixed use development. 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. OS-28-13 CC Regular Meeting Minutes.doc 1 OS-28-13 5. Consider/Discuss/Action on any items listed on posted agenda for May 28, 2013 City of Anna City Council Regular Meeting or any Closed Session occurring during this Workshop, as necessary. Mayor Crist made the motion to take no action. Council Member Bryan seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 6. Adjourn. Council Member Coolc made the motion to adjourn at 7:29 pm. Council Member Bryan seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 ATTEST: APPROVE: Natha Wilkison, City Secretary Mike Crist, Mayor OS-28-13 CC Regular Meeting Minutes.doc 2 OS-28-13 MINUTES OF CITY OF ANNA AGENDA NOTICE —CITY COUNCIL REGULAR MEETING May 28, 2013 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.in., May 28, 2013, at the Anna City Hall Administration Building, located at 111 North Powell Parkway (Hwy 5), to consider the following items. Welcome to the CitJ� CoZmcil Meeting. Please sign the Sign -In -Street as attendance. If you wish to speak on an open -session agenda item please Opinion/Speaker Registration Form and turn it in to the City Secretary meeting starts. 1. Call to Order. Mayor Mike Crist called the meeting to order at 7:30 pm. 2. Invocation and Pledge of Allegiance. Mayor Mike Crist gave the invocation. :r recot^d of frll otrt the before the 3. Citizen comments. Citizens are allowed 3 minutes to speak. The Council is unable to respond to or• discuss any issues that are brought up during this section that are not on the agenda, other Chart to make statements of specific factual information in response to a citizen's inquiry or to recite existing policy in response to the inquiry. None 4. Receive reports from Staff or the City Council about items of community interest. Items of community interest include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen (but Trot 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; infornuttion 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 tJte municipality; and tmnotrrtcements involving an imminent threat to the public health and safetJ� of people in the mumicipality that has arisen after• the posting of the agenda. City Manager, Philip Sanders introduced Alan Upchurch Interim Public Works Manager and that Mr. Joseph Finley ex City Council Member passed away Monday. Mayor Crist announced a Pond Tour coming up June 8th and OS-28-13 CC Regular Meeting Minutes.doc 3 OS-28-13 that staff member Maurice Schwanke's pond will be on the tour. Council Member Lovato asked for an update on the accident that occurred on Hwy. 121 this morning. 5. Consent Items. These items consist ofnon-controversial Or' "leousekeeping" items re�rrired by law. Items may be considered individually by any Council member• making such request prior to a motion and vote on the Consent Items. a. Approve City Council Regular Minutes of May 14, 2013. Council Member Barnes made the motion to approve. Mayor Crist seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 6. (a) To consider public comment on a request by Anna ISD, owners) of property, requesting a zoning change from Single Family Residential (SF- 1) to Planned Development (PD) zoning to reduce the front yard setback to ten foot. The property is located at 501 S. Sherley Street. Maurice Schwanke presented the item to council and answered questions. Mayor Crist opened the public hearing at 7:38 pm. There was no public comment. Mayor Crist closed the public hearing at 7:38 pm. (b) Consider/Discuss/Action regarding an ordinance amending the City's comprehensive plan, zoning map and zoning ordinance, changing the zoning from Single Family Residential (SF-1) to Planned Development (PD) zoning to reduce the front yard setback to ten foot. The property is located at 501 S. Sherley Street. Council Member Bryan made the motion to approve. Council Member Coolc seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 '7. Cousider/Discuss/Action regarding a Resolution authorizing distribution of contingency appropriation for a replacement vehicle for the police department. (Clayton Fulton) Clayton Fulton, Director of Finance presented the item to answered questions. Council Member Cook made the motion Council Member Bryan seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 council and to approve. OS-28-13 CC Regular Meeting Minutes.doc 4 OS-28-13 8. Consider/Discuss/Action regarding a Resolution authorizing SCADA purchase. (City Manager) Philip Sanders, City Manager presented the item to council and answered questions. Council Member Bryan made the motion to approve. Mayor Crist seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 9. Briefing/Discussion regarding drought and water conservation. (City Manager) City Manager, Philip Sanders presented the item to council and answered questions. Mayor Crist made the motion to enter closed session at 8:06 pm. Council Member Cook seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 10. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, the City Cow><cil 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. discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code §551.087); proposed mixed use development. 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. Council Member Bryan made the motion to return to open session at 8:39 pm. Council Member Barnes seconded the motion. Motion passes. OS-28-13 CC Regular Meeting Minutes.doc 5 OS-28-13 AYE 5 NAY 0 ABSTAIN 0 11. Consider/Discuss/Action on any items listed on posted agenda for May 28, 2013 City of Anna Workshop Session or any closed session occurring during this Regular Meeting, as necessary. Council Member Cook made the motion to take no action. Council Member Lovato seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 12. Adjourn. Council Member Bryan made the motion to adjourn at 8:40 pm. Council Member Barnes seconded the motion. Motion passes. AYE 5 ATTEST: I► �_ 1� Natha Wilkison, City Secretary :_ 1► 1 APPROVED: Mike Crist, Mayor OS-28-13 CC Regular Meeting Minutes.doc 6 OS-28-13 �_ Council Meeting: June 11 2013 Item No. 5 (b) City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Maurice Schwanlce Account Code #: N/A Date Prepared: 06/4/13 Budgeted Amount: N/A Exhibits: ■Yes ❑ No AGENDA SUBJECT: Approve "Tallent Development Plat". SUMMARY: The development plat submitted for your review is located within the extraterritorial jurisdiction of the City. The tract is located in the Thomas McClanahan Survey, Abstract No. A0560, generally known as 9651 FM 2862. The plats meet the City of Anna development plat requirements. PLANNING AND ZONING ACTION: The Planning and Zoning Commission recommended approval of the development plat unanimously at their meeting June 3, 2013. RECOMMENDED ACTION:.Approval of development plat 8� , o '� ' � g$ R B §� e ^� ���� � � s' 2 kzea �G � K € s` ��S 'e r k ��"sE �`° s�€ €'��5 ��F:� a 4�< t�CEgaS$�: �xx �;�� e� & ` .4. ���`s �9°e � ���� !iEiJ�7° NK�fi's a�9 'es" c; €�5� `�g�G ;s�33 < ���5 `degg" �9� � ''� $ xupp"§aaa 5i, 'y: `EE4� � �§°� Zo�3� �c �� �^ o a .gga. Yag €�e�Ux Ro%` = Fpi F�Q� g�.'���.�� �Z 9R6 � Vaeliz 8�"ua� 55yrye`a ayy s fi��e '�F �§�yn� �� iE �e S ��� a� �� y�'� 3 � �� � ��Ed �C Eg �e ��:� ��p"3a5a �5ye oa g �$ a'eeB �a3y��sB�B �� �Ar`,A �- g5• &R�S,aE p��_ '."-, � bg ��¢�7 y�oPa6x5 �G{a a2� e��5� aims ..yy 'd°�� 5�@v`g��4��6 h�' /•� e��^ eF "4 a5�$ ?'3 �byG Viyye» SB�m�•�8Q£ s�Y� c c s. � Ca e��o � �g ���d'g`zea§er���o 3'w ����'��(Gif,°�°. G y�£�N f j 9` �cs fie$ �� (,9 � �� s,�� 1:T. yy� s �._._._._._. _.i 9R8 og� � $� � p�p�� I$� _._._,a- � ms to s R� I I �� I 1 I � I i 1 i a I I � 'i 8 1 I 1 i 1 1 0 1 1 1 � � a 1 1 � � I U � � I I o � � 1 1 ro I I Vl 1 1 b GRGY 1 < a i I I ®� 1 fl x i i < A� I I I � i i w � r� � aN g K w d Rl �6g I �y I '•'1 � V � iS� I j �� C I 1 .— � U Z � z962 34rI � � � �� �€� � _._._._ � f i I I � i � �s � �F 1 , �^ qg� aam,� zaez 'rra i , �� ��� o.< �� ��� ��� �� ��o R� Council Meeting: June 11 2013 Account Code #: N!A Budgeted Amount: N/A Item No. 5 c City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Maurice Schwanlce Date Prepared: 06/4/13 Exhibits: ■Yes ❑ No AGENDA SUBJECT: Approve "Adams Addition" development plat. SUMMARY: The development plat submitted for your review is located within the extraterritorial jurisdiction of the City. The tract is located in the Mark Roberts Survey, Abstract No. 742, generally known as 14182 CR 479. The proposed improvements include the building of a new house and a detached garage. The plats meet the City of Anna development plat requirements. PLANNING AND ZONING ACTION: The Planning and Zoning Commission recommended approval of the development plat unanimously at their meeting June 3, 2013. RECOMMENDED ACTION:.Approval of development plat _ _ �o �C E+ a �Q z 9�� � �� � 3 Ar• w o� �'�� EI9 fi����ij 66 6� 6Hb 6� � � � � � <�� � �� i � � gyyp#$ �� ��6��Efa ea�i i� ;�1 ;� it = Q '�V �e�8 ■ �yi�����{ 5B : �a6 �d �� � �� iJy � j y��Aa;�. Y t� i! s ���t� g�'ii�liiii���"l� ����i� �� � t�� ���� ��� 1 i� �g �:� �� � � ���� — --------------—---- I .. I I /--- "� _ �~ I �� ' � a `:4,,. I /___ ' 6o0py ee S��N N ` 3N 1 -� / / P w 1 --- -- _ =GoP 1' I I // _ .ees;2 � �9 J n` �^ o � � �� �w � �, - gym; ��" ��� �, a a �� _�� ���P �a� �d� �� _� I N/ W U _ _ _— _ _ __ _ _ �I 2�/ Q � i ury / N _ _ I � C N .92SE2 3 .61,[E.IO N I / I _ - �__-- _ _ �l op a I I 1 f�inU o � Im 1 Hzo� � � � �� 1 Z'y� I Wuwa Z I f^ro Z 1 patio W / Iz um _ Unzry � � I ' I I � ' —_ _ _ f_ '.9L'91f 3 .5[.>0.2.1 N 6Lb UtlOM A1Nl10� aeca2eocazeEmlo2 IDI 3llf S.My3l] > Att Fl1.31]3 w 3 CR.4E0 ¢ w IW- � a Yo F H� CF 4]9 m' CR 4)) CR.4la f3�r7'�fotirrS4h�i Council Meeting: June 11, 2013 Item No. 5 (d) City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Maurice Schwanke Account Code #: N/A Date Prepared: 06/4/13 Budgeted Amount: N/A Exhibits: ■Yes ❑ No AGENDA SUBJECT: Approve the re -plat of "Urban Crossing" subdivision. SUMMARY: Are -plat of the Urban Crossing Subdivision has been submitted to change the 75' front yard setback to 65'. The required setback per our zoning ordinance is 25'. The 75'/65' setbacks have been self-imposed by the developer. This reduction in the front setback would increase the potential pad site and allow for the conservation of larger back yards of new homes built in this subdivision. In order to accomplish this under the "Local Government Code' the existing lots are required to be vacated and signed off of by every lot owner in the subdivision. We have received the necessary documents from all of the existing land owners in the subdivision. The staff is recommending approval of the re -plat. PLANNING AND ZONING ACTION: The Planning and Zoning Commission recommended approval of the re -plat of "Urban Crossing" subdivision unanimously at their meeting June 3, 2013. RECOMMENDED ACTION:.Approval of the re- plat E§ � |� � � � � � � .� � � � � � � _� � : ,� � � � � k ]� �� � � � / �� � � � � � � � � \ ]� z §§ 2. � �� y � �� � � � � � s � � � � � � � � � � t oj�� §(� � �� � % |\� � � \;. ■ &:� � � � � � s s � � � � � � — � J: ]� � � � � � � � }� � � � � � � � \ >�§ E\;--, ® ° #!: .-,,_�&| � | \\. #�.� __.� _��._,_� _._�.___._. �. gk\�!§ §s ���k|)� _ _ �/i _ f. � _�� �.��, �~ �a� ! -z , - . ; . ] � � � � � � � n� � �� � � �� � , §e� k � k° �� §. §,.s � . � � B2 �! d� ƒ� Y{OURi iiOM�TOW N Council Meeting: June 11, 2013 Account Code # Item No. 6 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Cit�a�e�• Amount: Exhibits: ❑Yes ❑ No AGENDA SUBJECT: Briefing/Discussion regarding Texoma Area Paratransit Systems (TAPS). SUMMARY: In April this year, the Collin County commissioners court voted unanimously to designate TAPS (Texoma Area Paratransit Systems) as the rural transit district provider for the county. TAPS will assume control of this responsibility from the current provider (CCART) effective July 1, 2013. Taps Executive Director, Brad Underwood will present to the City Council an overview of the transit services offered by TAPS that will be available to Anna residents. Item No. 7 City Secretary's use only City of Anna City Council Agenda Staff Report X{OUIt} SiOMETOW N Council Meeting: June 11 2013 Staff Contact: City Manager Account Code # Amount: Exhibits: ❑Yes ❑ No AGENDA SUBJECT: Consider/Discuss/Action regarding a Resolution designating an elected official to serve as a voting representative to the NCTCOG General Assembly. SUMMARY: The North Central Texas Council of Governments (NCTCOG) is a voluntary association of, by and for local governments, established to assist local governments in planning for common needs, cooperating for mutual benefit, and coordinating for sound regional development. Under the Bylaws of the NCTCOG, each member government is entitled to one voting representative on the General Assembly. The voting representative must be an elected official from the governing body of the member government. This voting representative serves as a liaison between the local government and the NCTCOG; receives publications and announcements from NCTCOG; and is eligible to vote on proposed Bylaws amendments and for candidates to serve on the NCTCOG's Executive Board. CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS DESIGNATING A VOTING REPRESENTATIVE TO THE NCTCOG GENERAL ASSEMBLY WHEREAS, the North Central Texas Council of Governments (NCTCOG) is a voluntary association of, by and for local governments, established to assist local governments in planning for common needs, cooperating for mutual benefit, and coordinating for sound regional development; and WHEREAS, under the Bylaws of the NCTCOG, each member government is entitled to one voting representative on the General Assembly; and WHEREAS, the voting representative must be an elected official from the governing body of the member government; 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 Designation of Voting Representative Council of the City of Anna, Texas to service as representative to the NCTCOG's General Assembly. hereby designates the City's voting PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 11tn day of June 2013. r_���z•Prrr•� ATTEST: Mike Crist, Mayor Natha Wilkison, City Secretary CITY OF ANNA, TEXAS RESOLUTION NO._ PAGE 1 OF 1 * As a member of the North Central Texas Council of Governments, hereby designates the (name of county, city, school district, or special district) following efe;.ted official tv serve as its voting representative to NCTCOG's General Assembly. * Name: * Email Address: Mailing Address: Telephone: ( ) Title: * Signed: Title: Date: * Required fields .. . Under the Bylaws of the North Central Texas Council of Governments, each member government • - � • is entitled to one voting representative on the General Assembly. The voting representative must be an elected official from the governing body of the member government. This voting representative serves as a liaison between the local government and NCTCOG; receives publications and announcements from NCTCOG; and is eligible to vote on proposed Bylaws amendments and for candidates to serve on NCTCOG's Executive Board. A city or county official must be a designated voting representative in order to be considered for serv(ce on the Executive Board. Some voting representatives may•have retired from office or some member governments may wish to select a different representative from the one currently serving. Therefore, NCTCOG annually requests recertification of voting representatives —usually after the municipal/school board elections. Use this form to designate your official voting representative to NCTCOG. If you wish, you have the option to list your existing voting representative, without formal reappointment, unless that person is no longer in office. Please return form by Thursday, June 21, 2013 FAX to: Alice Webster at (817) 704-2542 n Y{OUii} HOMIyTOW N Council Meeting: Account Code # _ Amount: Item No. 8 City Secretary's use only City of Anna City Council Agenda Staff Report June 11 2013 Staff Contact: Maurice Schwanke Exhibits: X Yes ❑ No AGENDA SUBJECT: Consider/Discuss/Action regarding an Ordinance amending the Subdivision Ordinance Provisions governing pro rata charges and other regulations related to extension of utility service lines and oversizing of lines and associated facilities. SUMMARY: During the development process a developer may choose or be required to install utility lines that, due to size or location, are capable of serving other properties not owned by the developer. In such cases, it would not be uncommon for a developer who installed the utilities to request that any future person who connects to and benefits from the utility line, pay the original developer apro-rata share of the cost of the utility installation. On May 14, 2013, the Council adopted Article 3, Section 12 of the subdivision ordinance, which was a new series of provisions regulating the requirements for extension of utility lines, pro rata fees and agreements, and cost participation between the City and developers for oversizing of water and sewer infrastructure. The attached ordinance amends the recently adopted ordinance by further defining the standard size of lines and associated facilities. For some time now, the standard size of water and wastewater lines in the City has generally been regarded as eight inches in diameter. The proposed amendments specify the standard size, modify some of the related definitions, and clarify additional provisions affected by the new definitions. While improving the clarity of the pro rata regulations adopted last month, the amendments do not make material changes to the procedures or regulations for extension of service lines. The amendments are shown in redline format in Exhibit A to the attached ordinance. RECOMMENDATION: Staff recommends approval of the attached ordinance. CITY OF ANNA, TEXAS C�7771�%\�C�3�r•C�a AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING THE ANNA CITY CODE OF ORDINANCES BY AMENDING PART III -A (SUBDIVISION REGULATIONS), ARTICLE 3 (SUBDIVISION DESIGN STANDARDS), SECTION 12 (EXTENSION OF SERVICE OF UTILITIES AND PRO RATA AGREEMENTS); PROVIDING FOR A PENALTY FOR ANY VIOLATION OF THIS ORDINANCE NOT TO EXCEED $2000; 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 City Council ("City Council") has previously adopted standards, requirements, and procedures for and otherwise governing subdivisions that are codified in Part III -A of The Anna City Code of Ordinances ("Anna Code"); and WHEREAS, the City Council has investigated and determined that it would be beneficial and advantageous to provide for revised and additional standards, requirements, and procedures related to extension of service and pro rata fees; 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 III -A (Subdivision Regulations), Article 3 (Subdivision Design Standards), Section 12 (Extension of Service of Utilities and Pro Rata Agreements) by clarifying certain definitions and provisions related to standard sizes and oversizing of water and wastewater lines and associated facilities. 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, Part III -A (Subdivision Regulations), Article 3 (Subdivision Design Standards), Section 12 (Extension of Service of Utilities and Pro Rata Agreements) is amended as set forth in the document attached to this ordinance as Exhibit A, said Exhibit A being incorporated herein by reference as if set forth in full, including without limitation the penalties set forth therein. CITY OF ANNA, TEXAS ORDINANCE NO. Page 1 of 2 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 $2000 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 11t" day of June, 2013. ATTESTED: City Secretary, Natha Wilkison APPROVED: Mayor, Mike Crist CITY OF ANNA, TEXAS ORDINANCE NO. Page 2 of 2 EXHIBIT "A" Section 12. Extension of Service of Utilities and Pro Rata Agreements 12.01 Definitions For the purposes of this Section 12, the following definitions shall apply unless the context clearly indicates or requires a different meaning: Associated Facility. An apparatus or improvement that is used in conjunction with a water or wastewater line that provides water or wastewater service to a tract of land, regardless of where the associated facility is located. The term includes but is not limited to a lift station, a force main, a pump station, a storage tank, or an addition to an existing facility that increases the capability of the existing facility to provide water or wastewater service. Developer. The person, business, corporation or association responsible for the development of a lot, parcel or tract, and includes the property owner or subdivider. Oversize or Oversizing. With reference to a water or wastewater line or an associated facility, means an increase in the size or capacity of the line or associated facility above the +�riairn-standard size-sr-Eapasfty, including fire flow requirements, that is necessary to provide complete utility service to a particular development. With respect to any associated facility, "oversize" or "oversizing" means the size or capacity in excess of the size or capacity that would otherwise be necessitated by the particular development as determined by the City en ig Weer. Pro Rata Fee. A charge made against a lot, tract or parcel for the purpose of reimbursing the City or a developer a proportionate share of the service extension costs for extending a water or wastewater line and associated facilities that serves the property against which the charge is made. Service Extension. A water or wastewater line or an associated facility that is necessary to extend water or wastewater service from a major City transmission main or collection main to a tract of land and across the tract or frontage of the tract to a point determined by the City engineer to be consistent with further service extensions of the City, provided that the extension does not extend beyond the property boundaries of the tract. Service Extension Application. A request in writing to the City for extension of water or wastewater service to a development. Service Extension Costs. The total costs of any off -site service extension, as initially determined by the City's engineer, including but not limited to costs of land/easement acquisition, design and construction costs, and any permitting or administrative fees required for such extension, but not including amounts expended solely for oversizing. Service Extension Contract. A legal document that defines the responsibilities and requirements of the entity requesting a service extension and the City with regard to the service extension. A service extension contract may be required at the sole discretion of the City. Standard Size. T"-��,�,��o'�^ ^FlNith respect to a water or wastewater line, the standard size means an eight -inch diameter line. With respect to any associated facility, the standard size is the size or capacity needed to serve a particular development as determined by the City engineer#+�e+�-#ime'-�o t„-„'^,^. Water or Wastewater Line. A necessary appurtenance to a water distribution or wastewater collection system. The term includes a valve, manhole, connection, air release, diversion, and other equipment necessary to make the water distribution or wastewater collection system operable in compliance with the design criteria and standards of the City. 12.02 Responsibilities of Developer; Application (a) The developer shall extend all water and wastewater lines and associated facilities needed to connect the development or land use with the City's approved water distribution system and wastewater collection system. The developer shall further extend all lines across the property currently being developed or to the point on such property from which such lines will be extended to serve adjoining land as determined by the City. As a condition of acceptance of water or wastewater lines, the City may require conveyance of an easement across the property currently being developed as well as other contiguous property owned by the developer for purposes of future extension of the water or wastewater lines. All initial service extension costs and all initial costs of oversizing, shall be borne by the developer or property owner, subject to reimbursement from proceeds of pro rata fees or cost participation pursuant to Sections 12.10 and 12.11. Requests for extension of water and wastewater lines shall be as provided for in this Section 12. (b) A service extension application is required to: (1) Connect a tract of land to the existing City system; or (2) Provide utility service to a tract of land if an existing line or associated facility is unsuitable or insufficient to provide service to the tract. (c) A developer or property owner must submit an application for a service extension to the City engineer. (d) An application for a service extension must: (1) Include a general description of the location, size, and capacity of the service extension; and (2) If within the City's ETJ, be accompanied by an irrevocable petition to the City for voluntary annexation at such time and under such conditions as deemed appropriate by the City. (e) If either water or wastewater service is to be provided by an entity other than the City, the application must be accompanied by evidence of a commitment from the other entity to provide the other required service. The evidence must be in the form of: (1) A contract with the entity; (2) A letter from the entity; or (3) The minutes of the relevant meeting of the governing body of the entity. 12.03 Administrative Approval (a) The City manager may approve an application or contract for a service extension if: (1) The requested service extension does not include a request for establishment of pro rata fees or cost participation by the City; and (2) The City Manager determines that sufficient capacity exists or will be available to meet the projected demands of the development or land use to be served. (b) If a requested service extension includes a request for establishment of pro rata fees or cost participation by the City, or if the City manager does not determine that sufficient capacity exists or will exist, the application must be processed under Sections 12.12 and 12.13 and requires a service extension contract. 12.04 Construction Standards; Submission of Construction Plans (a) After a service extension application or service extension contract has been approved, an applicant must submit the construction plans for needed improvements to the City engineer for review and approval of the size, capacity, and routing of the improvements. (b) The City engineer may approve the size, capacity, or routing of an improvement only if it complies with generally accepted engineering practices and each applicable City requirement. (c) Water and wastewater lines shall be oversized where needed to provide capacity to other existing or new developments in the area to be served in order to avoid duplication of facilities, in conformity with the City's generally accepted engineering practices. (d) The location and size of all water and wastewater lines necessary to serve land to be developed shall be in accordance with the City's generally accepted engineering practices and in accordance with the City's subdivision regulations. (e) When an existing water or wastewater line provides service to a proposed development, the developer shall pay all applicable pro rata fees pursuant to Section 12.13 or 12.15 for the water line or wastewater line before extension of or connection to such main is made. 12.05 Submission of Additional Information An applicant for a service extension shall provide information determined by the City engineer to be necessary to demonstrate that construction of the service extension complies with the requirements of the City. 12.06 Expiration of Approval (a) Unless extended under subsection (b) or (c), the approval of a service extension application remains valid until the latest of: (1) The date on which the preliminary plat expires for the property to be served by the service extension; or (2) The second anniversary of the date on which the service extension application was approved, if on or before that date: (i) A preliminary plat for the property to be served has not been approved; and (ii) Construction of the service extension has not begun; or (3) The date established in the service extension contract. (b) If construction of a service extension begins before the approval expires under subsection (a), the City manager may extend the approval of. a service extension for the period of time estimated to be necessary to complete construction of the service extension. (c) Under this section, if the approval of a service extension requires a service extension contract: (1) Construction of the service extension shall not begin until fiscal security is posted or money is deposited in compliance with section 12.07; and (2) The service extension approval is extended until construction of the service extension is complete and the City accepts the lines and associated facilities constructed under the contract. 12.07 Fiscal Security (a) For construction contracts administered by the City, fiscal security in an amount approved by the City engineer to be equal to 100% of the estimated service extension costs and 100% of the costs of any oversizing, must be deposited in cash with the City prior to entering into a construction contract. (b) For construction contracts administered by a party other than the City, the fiscal security must be posted prior to the execution of a construction contract and must be in the form of: (1) An irrevocable letter of credit that has a minimum term of three years and is acceptable to the City; (2) A performance bond; or (3) A cash deposit. 12.08 Hardship Policy for Extension to Single Dwelling Unit (a) The City may, at its expense and in its sole discretion, upon written request of a property owner, extend a water or wastewater line of a size determined by the City to serve a single dwelling unit if funds are available to pay the cost of installing the line and the extension meets the standards in subsection (b). (b) The person requesting the extension must demonstrate that: (1) A substantial hardship would result if the extension is not made; (2) Denial of the extension would result in potential water quality degradation; and (3) The extension is necessary to provide like benefits as normally provided to similarly served property. (c) The City may require that the property owner making the request share in the service extension costs, and that the property owner grant all necessary easements to continue line extensions to serve adjoining land. (d) This policy has no application to circumstances in which multiple connections are requested or necessary to serve existing or proposed development, or in which the City determines to initiate construction of a water or wastewater line or associated facility that serves multiple users. This policy may not be invoked to finance serial connections to lots in an existing subdivision. 12.09 Eligibility for Pro Rata Fees A developer that agrees to construct a water or wastewater line or an associated facility that on acceptance will become part of the City's water and wastewater system and which supplies capacity to other existing or new developments, and that is not a facility or a portion of a facility included on the capital improvements plan for water or wastewater facilities, may apply to the City to establish pro rata fees to be paid by other users of the facilities and to reimburse the developer a proportional amount of the service extension costs .The developer also may apply for cost participation by the City for the costs of oversizing water or wastewater lines or associated facilities in excess of eae-the standard siz 12.10 Calculation of Pro Rata Fees (a) The amount of the cost reimbursement for an extension, if any, shall be computed as the off -site length of a water or wastewater line that has been extended by a developer multiplied by the then -current average cost, per linear foot, of the service extension costs , as determined by the City engineer. The amount of the pro rata fee based upon such computation shall be established for each side of the line to which connections are to be made. For mains that can be connected to from both sides, the fee for each side shall be equivalent to 1/2 of the average linear foot cost referenced above, multiplied by the length of the water or wastewater line on or abutting the property being charged. For mains that can be connected to from one side only, the fee shall be equivalent to the average linear foot cost referenced above, multiplied by the length of the line on or abutting the property being charged. (b) In the alternative, the developer may apply for a different cost reimbursement formula, based upon engineering cost estimates of the service extension costs agreed upon in writing by the City manager and the applicant, and verified in a study provided by the applicant approved by the City engineer. The study shall aggregate the costs of associated improvements where feasible. The City may establish guidelines for eligible costs to administer the policy in this section. The amount of the pro rata fee shall be that calculated in the approved study. The study shall contain the following minimum elements: (1) Identification of the area and all properties to be served by the water or wastewater lines or associated facilities to be installed; (2) Identification of the costs of the facilities to be installed; (3) Apportionment of the costs of the facilities to be installed among lots, tracts or parcels to be served by the improvements, based upon capacity to be utilized by such properties, using accepted engineering standards and practices; (4) Calculation of the maximum amount of the costs which are to be reimbursed to the developer or property owner, net of costs attributable to the developer's or property owner's utilization of capacity of the lines or associated facilities; and (5) Calculation of a pro rata fee to be charged per unit of land that is to be connected to the water or wastewater lines or associated facilities. (c) In making the initial determination of appropriate pro rata fees under subsections (a) or (b), above, the City engineer shall certify in writing that the amount of the pro rata fee is roughly proportionate to the impact that the properties to be charged will have on the City's water and wastewater utility system. (d) After construction of off -site improvements by a developer that are subject to reimbursement from pro rata fees, but before the City's acceptance of such improvements, the City engineer may request, and the developer shall be required to promptly supply, verifiable proof of the actual costs expended as to all such off -site improvements. If the actual costs to complete such improvements —including but not limited to costs of land/easement acquisition, design and construction costs, and any permitting or administrative fees required for such extension, but not including amounts expended solely for oversizing—are less than the City engineer's initial determination of the service extension costs under subsection (a) or (b), above, then the amount of pro rata fees as relates to those improvements shall be decreased to correspond to said actual costs. 12.11 Cost Participation for Oversized Lines The City may participate in the reasonable construction costs of oversizing water or wastewater lines that exceed the standard size of a water or wastewater line, and/or associated facilities. The developer initially shall be responsible for the entire cost of the oversized facilities. City oversize participation shall be in accordance with this section and any applicable provisions of the City's subdivision or other regulations. The City in its sole discretion shall determine the amount of any cost participation based on engineering estimates of the costs attributable to the increase in the size of lines exceeding the standard size, taking into consideration the degree to which the need for such oversizing is created by the development for which service extension is being requested. In no event may the City be required to participate in the costs of oversize facilities pursuant to this section if there are no funds available for such purposes. 12.12 Contract Required (a) The applicant for approval of a service extension must request the establishment of pro rata fees or cost participation in writing at the time the applicant applies to the City manager for approval of the service extension. If the applicant for approval of a service extension requests establishment of pro rata fees or cost participation, a written service extension contract is required. (b) The service extension contract shall include at a minimum the pro rata fee and cost participation, if any, approved by the City, the duration of the right to collect pro rata fees, and provisions for forfeiture of such fees to the City in the event they are not collected by the contracting party, his or her successor -in -interest, or assignee. (c) An executed service extension contract may be assigned by the party requesting service extension with the written consent of the City, which shall not be unreasonably withheld. 12.13 Review and Approval; Collection of Pro Rata Fees (a) The City manager shall review each request for cost reimbursement from pro rata fees or cost participation for oversizing lines. (b) The City manager shall formulate his or her recommendation concerning the cost reimbursement from pro rata fees or cost participation for oversizing lines, which shall address each of the following minimum criteria: (1) The line to be extended has not been included on the impact fee capital improvements plan for that category of capital improvement; (2) The size of each proposed line or facility complies with the generally accepted engineering practices and other planning criteria of the City and final design and routing will comply with the technical standards; (3) Any alternative study proposing pro rata fees fairly apportions the extension costs among prospective users of the facilities to be installed; (4) The proposed line or facility is a reasonable extension or addition to the water and wastewater utility system; and (5) Funds for participation in the costs of oversizing lines are available from an identified source of funds or funds will be available to meet the proposed payment schedule. (c) The City manager shall forward his recommendation on pro rata fees and cost participation, together with the proposed service extension contract, for decision by the City council. (d) Upon approval of the request for reimbursement from pro rata fees, any developer or user of property with frontage along the off -site portion of the water or wastewater line or of property that is identified in the approved fee study thereafter that connects to or utilizes the capacity of the water or wastewater line or associated facility for which a pro rata fee has been established shall pay the applicable fee. Pro rata fees shall be collected by the City from the developer or user before approval of the engineering plans for the development required to pay the fee, or before connection to the water or wastewater line for which the fee has been established, whichever first occurs. 12.14 Conditions (a) A developer constructing a water or wastewater line or an associated facility that is eligible for cost reimbursement from pro rata fees or cost participation for oversizing may not receive cost reimbursement payment for the line or facility unless the entity complies with each requirement or regulation of the City relating to: (1) The public advertising of the line or facility; (2) The bidding on the line or facility; (3) A performance or payment bond for the line or facility; and (4) A warranty on the line or facility. (b) The developer constructing the line or facility is not entitled to receive a cost reimbursement payment from pro rata fee proceeds or cost participation for oversizing lines until the entity submits documentation showing the entity's compliance with each requirement described by subsection (a) and the line or facility is accepted in writing by the City. 12.15 Payments to Developer (a) For projects subject to a service extension contract approved by the City by April 1 of any year, the City shall pay the developer holding the extension contract any eligible cost reimbursement for oversizing, without interest, within 60 days of completion and acceptance of the project by the City, but no earlier than the following September 1. (b) For projects for which a service extension contract is approved by the City after April 1 of any year, the City shall pay the developer holding the extension contract any eligible cost reimbursement for oversizing, without interest, for a completed and accepted project within 60 days of completion and acceptance of the project by the City but no earlier than September 1 of the next calendar year. (c) For a period of 15 years following the City's acceptance of the water line, wastewater line, or associated facility, the developer shall be entitled to reimbursement from the proceeds of the pro rata fees established pursuant to this Section 12, up to the maximum amount of the reimbursement established in the approved extension contract. The City may deduct 2% of the amount of pro rata fees collected from the amount of the fees reimbursed to the developer as an administration fee. (d) Pro rata fees which have been collected pursuant to the service extension contract shall be paid to the developer annually no later than October 1 of each year, until the term of the agreement expires. (e) The City may establish one or more pro rata fee accounts for purposes of administering the policies of this Code. The City shall deposit all pro rata fees collected pursuant to this article into such account(s). Expenditures from such accounts shall be earmarked solely for reimbursement of developers for the installation of water lines or wastewater lines or associated facilities for which pro rata fees have been established pursuant to this article. (f) It shall be the responsibility of the service extension contract holder or his assignee to provide to the City in writing current contact information. The City will mail reimbursement payments to the last contact of record reflected on its books. In the event that the service extension contract holder or his assignee has not collected pro rata payments or cost participation in oversize lines sent to the contact of record for a period of one year from the date such payments are due pursuant to this section, such accrued amounts shall become the funds of the City for purposes of expenditure on cost participation for oversizing lines or other system improvements in the City's sole discretion. 12.16 Pro Rata Fees for City Projects (a) The City may initiate capital projects from time to time involving construction of water or wastewater lines or associated facilities, and may seek to recoup its costs through establishment of pro rata fees. (b) Prior to establishing fees, the City shall either compute fees based upon a per average linear foot formula similar to the formula described in Section 12.10(a) or pursuant to a study that satisfies the requirements of Section 12.10(b). The City council shall establish pro rata fees based upon the front footage formula or alternative study. (c) Following establishment of pro rata fees by the City council, the developer or user of property with property frontage on the extended water or wastewater line or of property that was identified in the approved pro rata fee study thereafter that connects to or utilizes the capacity of the water or wastewater line or associated facility for which a pro rata fee has been established shall pay the applicable fee. Pro rata fees shall be collected by the City from the developer or user before approval of the engineering plans for the development required to pay the fee, or before connection to the water or wastewater line for which the fee has been established, whichever first occurs. (d) Pro rata fees established under this section may be collected for a period of 15 years following final construction by the City of the water line, wastewater line, or associated facility. Item No. 9 City Secretary's use only City of Anna City Council Agenda Staff Report Y{OUii} iIOMETQW N Council Meeting: June 11, 2013 Staff Contact: City Manager Account Code # Amount: Exhibits: ❑Yes � No AGENDA SUBJECT: Consider/Discuss/Action regarding a Resolution authorizing initiation/termination of Drought Contingency and Water Emergency Response Stages and Measures, and enforcement of Ordinance No. 439-2009. SUMMARY: In 2009, the City Council adopted a Water Conservation, Drought Contingency, and Water Emergency Response Plan. The Plan outlines various conservation and drought contingency programs that may be implemented by the City in response to a drought or other water emergency. The Ordinance also includes criteria for the initiation and termination of drought or water emergency response stages. The North Texas Municipal Water District (NTMWD) recently announced that all of its water customer cities are required to implement Stage 3 water conservation measures effective June 1, 2013. With this move, NTMWD residential and business water customers will be allowed to use automatic sprinkler and irrigation systems just once per week, if needed. The City of Anna is not yet using water from the NTMWD, however, due to the continuing growth of our community, it may become necessary to begin blending NTMWD treated surface water with our existing ground water this summer. When that happens, the City of Anna will be required to observe the same NTMWD water conservation measures (see attached letter). The City is currently making modifications to the Sth street ground storage tank that should give us the ability to start blending groundwater with our surface water by the end of July or early August, should it become necessary. RECOMMENDATION: In order to conserve our existing groundwater resources and delay the need to start using NTMWD water, Staff is recommending approval of the attached Resolution which expressly authorizes the City Manager to order the implementation of a drought or water emergency response stage when one or more of the trigger conditions for that stage is met, and to order the implementation of any of the actions for that stage, as deemed necessary. It is recommended that Stage 2 of the Drought Contingency and Water Emergency Response Stage be implemented immediately. Actions under the Stage 2 restriction include the following: 1. Rest1•ict landscape and lawn irrigation from 10:00 a.m. to 8:00 p.m. (requires notification to TCEQ). Exceptions are as follows: Item No. 9 City Secretary's use only a. Public parks or athletic fields that have been seeded, sprigged, or sodded may irrigate as necessary consistent with a program designed to establish the turf. This exception expires once turf is established to a point where day -time watering is no longer necessary. 2. Limit landscape watering with sprinklers or irrigations systems to twice per week (requires notification to TCEQ). Exceptions are as follows: a. Landscape associated with new construction may be watered for 30 days from the date of certificate of occupancy. An exemption is also allowed for drip irrigation systems which do not have restriction on the number of day per week of operation. b. Public parks or athletic fields that have been seeded, sprigged, or sodded may irrigate as necessary consistent with a program designed to establish the turf. Once turf is established, said areas may be watered twice per week. The City Manager or his designee is authorized to order the suspension of irrigation of any newly seeded, sprigged, or sodded public park areas or athletic fields if, in the opinion of the City Manager, such suspension is necessary to allow to recharge or maintain adequate water levels in the City's ground and elevated water storage tanks. 3. Limit, alter, or suspend operation of any public splash pad, ornamental fountain, or other public amenity when, in the opinion of the City Manager, such limitation, alternation, or suspension is necessary to recharge or maintain adequate water levels in the City's ground and elevated water storage tanks. 4. City Manager may authorize new non-residential developments to delay planting of required new shrubs or trees until the water restrictions are lifted. It is further recommended that Stage 3 of the Drought Contingency and Water Emergency Response Stage be implemented effective July lst (or sooner if conditions warrant). Actions under the Stage 3 restriction include the following: 1. Restrict landscape and lawn irrigation from 10:00 a.m. to 8:00 p.m. (requires notification to TCEQ). Exceptions are as follows: a. Public parks or athletic fields that have been seeded, sprigged, or sodded prior to the implementation of Stage 3 restrictions may irrigate as necessary consistent with a program designed to establish the turf. This exception expires once turf is established to a point where day -time watering is no longer necessary. 2. Limit landscape watering with sprinklers or irrigations systems to once every seven days (requires notification to TCEQ). Exceptions are as follows: a. Foundations, new landscaping, new plantings (first year) of shrubs, and trees may be watered for up to two hours on any day by hand-held hose, a soaker hose, or a dedication zone using a drip irrigation system. b. Public athletic fields with established turf may be watered twice per week. Item No. 9 City Secretary's use only c. Public parks or athletic fields that have been seeded, sprigged, or sodded prior to the implementation of Stage 3 restrictions may irrigate as necessary consistent with a program designed to establish the turf. Once turf is established, said areas may be watered twice per week. The City Manager or his designee is authorized to order the suspension of irrigation of any newly seeded, sprigged, or sodded public park areas or athletic fields if, in the opinion of the City Manager, such suspension is necessary to recharge or maintain adequate water levels in the City's ground and elevated water storage tanks. 3. Limit, alter, or suspend operation of any public splash pad, ornamental fountain, or other public amenity when, in the opinion of the City Manager, such limitation, alternation, or suspension is necessary to recharge or maintain adequate water levels in the City's ground and elevated water storage tanks. 4. Prohibit using water in such a manner as to allow runoff (such as washing down driveways or paved surfaces) or other waste (requires notification to TCEQ). 5. City Manager may authorize new non-residential developments to delay planting of required new shrubs or trees until the water restrictions are lifted. CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING INITIATION/TERMINATION OF DROUGHT CONTINGENCY AND WATER EMERGENCY RESPONSE STAGES AND MEASURES, AND ENFORCEMENT OF ORDINANCE NO. 439-2009. WHEREAS, in 2009, the City Council adopted a Water Conservation, Drought Contingency, and Water Emergency Response Plan (Ordinance No. 439-2009 or the "Ordinance"); and WHEREAS, the Ordinance includes criteria for the initiation and termination of drought or water emergency response stages; and WHEREAS, the Ordinance states that the Mayor/Manager or his/her official designee may order the implementation of a drought or water emergency response stage when one or more of the trigger conditions for that stage is met; and to order the implementation of any of the actions for that stage, as deemed necessary; 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. Authorization to Implement Drought Contingency and Water Emergency Response Stages Measures, and Enforce Ordinance No. 493-2009 a) The City Council of the City of Anna, Texas hereby expressly authorizes the City Manager or his official designee to order the implementation or termination of a drought or water emergency response stage when one or more of the trigger conditions for that stage is met, and to order the implementation of any of the actions for that stage, as deemed necessary. b) The City Manager is hereby authorized to take all other actions necessary to implement the Drought Contingency and Water Emergency Response Stages and Measures, and to enforce the Ordinance. c) The City Manager shall notify the City Council of any order to implement or terminate a drought or water emergency response stage, including any action deemed necessary to implement the drought or water emergency response stage. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 11tn day of June 2013. CITY OF ANNA, TEXAS RESOLUTION NO._ PAGE 1 OF 2 ►_��;1�• Mike Crist, Mayor ATTEST: Natha Wilkison, City Secretary CITY OF ANNA, TEXAS RESOLUTION NO._ PAGE 2 OF 2 �r r � '' \% � � . �I�i��l Regional Service Through Unity May 5, 2013 To: NTMWD Customers (list attached) Re: NTMWD Water Conservation and Drought Contingency and Water Emergency Response Plan —Stage 3 The North Texas Municipal Water District (NTMWD) is initiating Stage 3 of the NTMYVD Water Conservation and Drought Contingency and Water Emergency Response Plan, March 2008 (Plan) effective June 1, 2013. Stage 3 of the Flan is being implemented with concurrence of the NTMWD Board of Directors, as a result of several conditions that warrant the reduction of treated water use. These conditions are: + Loss of the Lake Texoma raw water supply + The long-term weather forecast and ongoing drought ® Current reservoir levels The goal under Stage 3 for each Member City and Customer is a minimum 10 percent reduction in water use that would have occurred in the absence of drought contingency and water emergency response measures. The NTMWD Executive Director is requesting that Member Cities and Customers implement the following water conservation strategies no later than June 1, 2013. Measures described as "requires notification to the Texas Commission on Environmental Quality (TCEQ)" impose mandatory requirements on customers. The supplier must notify TCEQ and NTMWD within five business days if these measures are implemented. ■ Continue or initiate any actions available under Stages 1 and 2. ■ Initiate Stage 3 of their drought contingency and water emergency response plans. ■ Implement viable alternative water supply strategies. ■ Requires Notification to TCEQ -- Prohibit using water in such a manner as to allow runoff or other waste. 505 E. Brown Street P.O. Box 2408 Wylie, Texas 75098-2408 Telephone: (972) 442-5405 Fax: (972) 295-6440 May 5, 2013 Page 2 ■ Requires Notification to TCEQ —Limit landscape watering with sprinklers or irrigation systems at each service address to once every seven days. Exceptions are as follows: — Foundations, new landscaping, new plantings (first year) of shrubs, and trees may be watered for up to two hours on any day by a hand-held hose, a soaker hose, or a dedicated zone using a drip irrigation system. — Golf courses may water greens and tee boxes without restrictions. — Public athletic fields used for competition maybe watered twice per week. — Locations using other sources of water supply for irrigation may irrigate without restrictions. — Registered and properly functioning ET/Smart irrigation systems and drip irrigation systems cannot allow irrigation to occur more than once every seven days. Extending the water supply during this ongoing drought and loss of Texoma supply through the efficient use of our existing water resources is crucial to meeting the water needs of the Member Cities and Customers. NTMWD staff will continue to monitor the raw water supply and drought conditions and will update the NTMWD Board of Directors if conditions improve and allow a change in drought strategies. Should you need additional information or have questions, please do not hesitate to contact Mike Rickman or Denise Hickey directly at 972.442.5405 or by e-mail at mrickmanfz�ntmwd.com or dhicke,�cr�ntmwd.com. Sincerely, M. PARKS �e Director/General Manager Ms. Paula Weber Mr. Leahmon Bryant General Manager General Manager Ables Springs W.S.C. Caddo Basin S.U.D. P.O. Box 1567 1156 CR 1 l 18 Terrell, TX 75161 Greenville, TX 75401-7514 Mr. Clay Hodges Ms. Shirley Blakely Mr. Terry Strickland General Manager General Manager General Manager Cash S.U.D. College Mound W.S.C. Copeville S.U.D. P.O. Box 8129 12731 FM 429 P.O. Box 135 Greenville, TX 75404-8129 Terrell, TX 75160 Copeville, TX 7512] Ms. Dana Andrews Ms. Julie Couch Mr. Phillip Rodriguez General Manager Town Manager City Manager East Fork S.U.D. Town of Fairview Gity of Fate 1355 Troy Road 372 Town Place Drive P.O. Box 159 Wylie, TX 75098 Fairview, TX 75069 Fate, TX 75132 Mr. Patrick Haigh Ms. Charise Chamberlain Mr. Jerry Chapman President District Representative General Manager Forney Lake W.S.C. Gastonia -Scurry S.U.D. Greater Texoma Utility Authority (GTUA) P.O. Box 2034 P.O. Box 68 5100 Airport Drive Rockwall, TX 75087 Scurry, TX 75158 Denison, TX 75020 The Honorable Mike Holmes Mr. Curtis Snaw Mr. L. Scott Wall Mayor City Manager City Manager City of Josephine City of Kaufman Kaufman Four -One P.O. Box 99 209 S. Washington c!o City of Crandall Josephine, TX 75164 Kaufman, TX 75142 P.O. Box 277 Crandall, TX 75114 Mr. Johnny Boles Mr. Matt Mueller Mr. Jeff Jenkins General Manager Town Manager City Administrator Lavon W.S.C. Town of Little Elm City of Lucas P.O. Box 188 100 W. Eldorado Parkway 665 Country Club Road Lavon, TX 75166 Little Elm, TX 75068 Lucas, TX 75002 Mr. Jason Little Mr. Jackie Spurgin Mr. Steve Rinner City Administrator President President City of Melissa Milligan W.S.C. Mt. Zion W.S.C. 341 I Barker Avenue 1400 S. Bridgefarmer Road P.O. Box 2034 Melissa, TX 75454 McKinney, TX 75069 Rockwall, TX 75087 Mr. James Fisher Mr. Johnny Rudisill Mr. Alan Knight City Manager General Manager Manager City of Murphy Nevada W.S.C. N. Collin W.S.C. 206 N. Murphy Road P.O. Box 442 P.O. Box 343 Murphy, TX 75094 Nevada, TX 75173 Melissa, TX 75454-0343 Mr. Jeff Flanigan Mr. Harlan Jefferson Mr. Homer Norville City Administrator Town Manager President City of Parker Town of Prosper Rose Hill S.U.D. 5700 E. Parker Road P.O. Box 307 P.O. Box 190 Parker, TX 75002 Prosper, TX 75078 Kaufman, TX 75142 Ms. Lynda Humble Mr. Billy George Mr. Rolando Ramon City Manager City Manager President City of Rowlett City of Sachse Seis Lagos U.D. P.O. Box 99 3815 Sachse Road, Bldg B 220 Seis Lagos Trail Rowlett, TX 75030-0099 Sachse, TX 75048 Wylie, TX 75098 Mr. Scott Campbell Town Manager Town of Sunnyvale 127 Collins Road Sunnyvale, TX 75182 Mr. Torry Edwards City Manager City of Terrell P.O, Box 310 Terrell, TX 75160 Mr. Chester Adams General Manager Wylie N.E. S.U.D. P.O. Box 1029 Wylie, TX 75098 i Council Meeting: June 11, 2013 Account Code #: N/A Budgeted Amount:, N/A Item No. 10 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 6-07�13 Exhibits: ❑Yes ❑ No 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. discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code §551.087); proposed mixed use development. c. discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); lease office space. 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. Council Meeting: June 11, 201 Account Code #: N/A Budgeted Amount: N/A Item No. 11 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 6-07-13 Exhibits: ❑Yes ❑ No AGENDA SUBJECT: Consider/Discuss/Action on any items listed on posted agenda for June 11, 2013 City of Anna Workshop Session or any Closed Session occurring during this Regular Meeting, as necessary. SUMMARY: RECOMMENDATION: Council Meeting: June 11, 2013 Account Code #: N/A Budgeted Amount: N/A AGENDA SUBJECT: Adjourn. SUMMARY: Item No. 12 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 6-07-13 Exhibits: ❑Yes ❑ No RECOMMENDATION: Staff recommends a motion to adjourn. {�0