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HomeMy WebLinkAbout2013-08-28 Workshop & Regular Meeting PacketCITY COUNCIL MEETING SIGN IN SHEET Please sign -in as a record of attendance. Ali 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. . ��• �� Welcome to the city ccuccif meeting., Your presence and partfcfp-ati€ n are appreciated. You may make your opinion known an an issue andfor• register to - speak to the Mayor and City Council. Please tum this furor in at the staff tabfelto be forwarded to the Vayor. Pfease step to the podium as soon as you are recognized by the Bayer and stag your came and address before beginning. your presentatihave 1f you written notes or other material you wisfr to present to the Mayor and auncUf please €urn'(Sh are extra copy for the offrcf al fifes. address: `��� 0� as ► o pity f Mate f Zip: Y� l Regarding Agenda (tern Into. Council Meeting mate: �W�04 t Subject: or rgafrrst rnrr�er�ts: {� bacfc if necessary) t wisi� fo address tf�e l�ta�ar ar�d t;it� �Quncii. I do not wish to address the Mayor and City Council, but do, Wish to register MY OP01°€17" Welcome to the city ceuncii meeting., Your presence and parttcf tier are appreciated. You may rake your opinion known an an issue andfer register to - speak to the mayor and Gil Council. Ptease tarry this form in at the staff-taNelto be forwarded to the Mayer. Please step to the podiurn as soarr as you are recognized by the Mayor and state your name and address before beginning. your presentation. #f you have writ n notes cr other Material you wish €� resent to ayor and Gauncilf please furnish. angq copy for the official fifes_ lGe v Teiepi�©rye i�lu�i�er �s�: Re%fCA Ittu Ve ncil i eeti date: Sut��ect: r rn�errfs: �� �ac� if neGessar�� ��alr�st { } 1 v�is� tc address the 1�a}�ar ar�d City council. t do not wish to address the Mayor and City, Caunciir but do- wish fa register Welcome to the city council meeting.. dour presence and particlpeapri are appreciated. You may make your opinion known on an issue andfor- register to - speak to the Mayor" and City Council_ Please turn this form in at, the sta table) to be forwarded to the mayor. Please step to the podium as soon- as you are recognized by the Mayorand state your nameand. address before beginaiog. your presentation. If you have written ricteor other m terral you wisft to- present to the Mayer and GounelfF please furnish are extra cqpy for the offc al tiles. Addr ss: 2 2 55 .� C � 7 � City t Mate f Zip: Telephone Number (s): Regarding Agenda Item No. - - - council Meeting Date: Subject: rnrnents: (Use back if necessary) l tt�risl� fo address the l`�rta�ar and Cii� �r�uncil, (PLEASE LIMIT COMMENTS TO 3 MINUTES) l do not wish. to address the Mayor and City Council, but. do. Mtish fa register my opinforf. A notse level chart showing examples of sounds 641 d6 levels ranging from 0 to 180 decibels. 0 healthy hearing Threshold 10 a pin dropping 20 rustling leaves 30 w1iisper 40 babbling brook 50 light traffic 60 conversational speech 70 shower 75 toilet flushing 80 alarm clock 85 passing diesel truck 90 squeeze loy 95 inside subway car 100 motorcycle (dding) 105 sporting event 110 rock band 115 emergency vehicle siren 12.0 thunderclap 125 balloon popping 130 peak stadium crowd noise 13S air raid siren I fill Ijet engine at takeoff I I'. !firecracker 1' 11 Ifighter jet launch I'•' 'cap gun hill !sholgun 11IN 1.357 magnum revolver I 117 !safely airbag t P% 1howitzer cannon ISOlrockel launch l sound waves become shock waves computer refrigerator air conditioner dishvrasher vacuum cleaner garbage disposal snow blower lawn movrer food processor arc vreider bell sander handheld drill table saw jackhammer riveter axygentorch Most noise levels are given in 1 i" which are decibels adjusted to reflect the ear's response to differ.;nt frequencies of sound. Sudden, brief impulso sounds, like many of those shown at 1.20 de or greator, are often given in dE3 (no adjustment). Y{OUR} HOMETOW N CITY OF ANNA AGENDA NOTICE -CITY COUNCIL WORKSHOP August 28, 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., August 28, 2012, at the Anna City Hall Administration Building, located at I I I North Powell Parkway (Hwy 5), regarding the following items. 1. Call to Order 2. Roll Ca11 and Establishment of Quorum. 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 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). Anticipated litigation with Amazing Solar Solutions; "City of Anna v. City of Weston, Cause No. 380-02570- 2011, in the 380th District Court of Collin County, Texas"; "City of Anna v. Walmat Inc., et al.; Cause No. 429-0028&2009, in the 429th District Court of Collin County, Texas." b. discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); acquisition of park land. c. discuss or deliberate personnel matters: City Secretary Annual Review. (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 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. 08-28-12 CC Regular Meeting Agenda.doc 1 Posted 08-24-12 4. Consider/Discuss/Action on any items listed on posted agenda for August 28, 2012 City of Anna City Council Regular Meeting or any Closed Session occurring during this Workshop, as necessary. 5. 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., August 24, 2012. �2a;c�a 7if%i�u�4t2 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 972 924- 3325 two working days prior to the meeting so that appropriate arrangements can be made. 08-28-12 CC Regular Meeting Agenda.doc 2 Posted 08-24-12 Y{OUR} HOMETOW flT CITY OF ANNA AGENDA NOTICE —CITY COUNCIL REGULAR MEETING August 28, 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., August 28, 2012, at the Anna City Hall Administration Building, located at 111 North Powell Parkway (Hwy 5), to consider the following items. Welcome to the City Council Meeting. Please sign the Sign -In -Sheet as a record of attendance. If you wish to speak on an open -session agenda item please fill out the Opinion/Speaker Registration Form and 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 mimrtes to speak. The Council is unable to respond to or discuss any issues that are brought up during this section that are not on the agenda, other than to make statements of specific factual information in response to a citizen's inquiry or to recite existing policy in response to the inquiry. 4. Receive reports from Staff or the City Council about items of community interest. Items of community interest include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen (but not including a change in status of a person's public office or public employment); a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that >tws 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. 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 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. 08-28-12 CC Regular Meeting Agenda.doc 3 Posted 08-24-12 5. Consent Items. These items consist of non -controversial or "housekeeping" items required by lavi). 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 August 14, 2012 Regular Meeting. b. Approve City Council Minutes for August 7, 2012 Special Meeting. c. Approve City Council Minutes for August 21, 2012 Special Meeting. d. Review CDC Minutes for June 11, 2012 Special Meeting. e. Review EDC Minutes for June 11, 2012 Special Meeting. f. Approve a Resolution requesting funding for the US 75/17M 455 Interchange. (City Manager) 6. Public Hearing: (2nd): For City Council to hear public comment on the proposed 2012 Tax Rate. (Clayton Fulton) 7. (a) Public Hearing: To consider public comments regarding an ordinance of the city of Anna, Texas, amending the Anna City Code of Ordinances by amending Part II, Article 3 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/Act on recommendation regarding an ordinance of the city of Anna, Texas, amending the Anna City Code of Ordinances by amending Part II, Article 3 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) 8. (a) Public Hearing: To consider public comments regarding an ordinance of the City of Anna, Texas amending the Anna Code of Ordinances by amending Part III-C; Zoning Ordinance, Section 34 by adding Section 34.13 (Wind Energy Systems) amending Appendix 2 Schedule of Uses- Table 7 and 3.7.8 (Descriptions/Definitions of Uses). (Maurice Schwanke) (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 III-C, Zoning Ordinance, Section 34 by adding Section 34.13 (Wind Energy Systems) amending Appendix 2 Schedule of Uses -Table 7 and 3.7.8 (Descriptions/Definition of Uses). (Maurice Schwanke) 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. 08-28-12 CC Regular Meeting Agenda.doc 4 Posted 08-24-12 9. Public Hearing: To consider public comments regarding submission of an application for assistance through the Texas Community Development Block Grant Program (TxCDBG). (City Manager) 10. Public Hearing: To consider public comments regarding a recently completed water system improvements project funded by the 2010 TxCDBG Program. (City Manager). 11. 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). Anticipated litigation with Amazing Solar Solutions; "City of Anna v. City of Weston, Cause No. 380-02570- 2011, in the 380t1' District Court of Collin County, Texas"; "City of Anna v. Walmat Inc., et al.; Cause No. 429-00288-2009, in the 429th District Court of Collin County, Texas." b. discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code 9551.072); acquisition of park land. c. discuss or deliberate personnel matters. City Secretary Annual Review. (Tex. Gov't Code 9551.074); 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. 12. Consider/Discuss/Action on any items listed on posted agenda for August 28, 2012 City of Anna Workshop Session or any closed session occurring during this Regular Meeting, as necessary. 13. 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., August 24, 2012. 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 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. 08-28-12 CC Regular Meeting Agenda.doc 5 Posted 08-24-12 IiOMETOWN Council Meeting: August 28, 2012 Account Code #: N/A Budgeted Amount: N/A AGENDA SUBJECT SUMMARY: RECOMMENDATION: Call to order. Item No. I City Secretary's use Only City of Anna City Council Agenda all Report Staff Contact: Philip Sanders Date Prepared: 8-23-12 Exhibits: ❑Yes ❑ No Council Meeting: Sanders Account Code #: August 28, 2012 N/A Item No. 2 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Date Prepared: 8-23-12 Budgeted Amount: N/A Exhibits: ❑Yes AGENDA SUBJECT: Invocation and Pledge of Allegiance. SUMMARY: RECOMMENDATION: ❑ No Council Meeting: August 28, 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: 8-23-12 Exhibits: ❑Yes ❑ No AGENDA SUBJECT: Citizen Comments. Citizens are allola�ed 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: Council Meeting: August 28, 2012 Account Code #: N/A Budgeted Amount: 1:1 Item No. 4 City Secretary's use only City of Anna City Council Agenda all Report Staff Contact: Philip Sanders Date Prepared: 8-23-12 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: August 14, 2012 Account Code #: N/A Budgeted Amount: N/A Item No. 5 a — City Secretary's use only City of Anna City Council Agenda an Report Staff Contact: Philip Sanders Date Prepared: 8-09�12 Exhibits: ❑Yes ❑ No AGENDA SUBJECT: Consent Items. These items consist of non -controversial or "housekeeping" items required by lain. Items may be considered individually by any Cozmcil member making such request prior to a motion and vote on the Consent Items. a. Approve City Council Minutes for August 14, 2012 Regular Meeting. b. Approve City Council Minutes for August 7, 2012 Special Meeting. c. Approve City Council Minutes for August 21, 2012 Special Meeting. d. Review CDC Minutes for June 11, 2012 Special Meeting. e. Review EDC Minutes for June 11, 2012 Special Meeting. £ Approve a Resolution requesting funding for the US 75/FM 455 Interchange. (City Manager) SUMMARY: RECOMMENDATION: Staff recommends approval of the consent items. MINUTES OF CITY OF ANNA AGENDA NOTICE - CITY COUNCIL WORKSHOP August 14, 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., August 14, 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 Mike Crist called the meeting to order at 6:30 pm. 2. Roll Call and Establishment of Quorum. Mayor Mike Crist and Council Member James T. Cook, Kevin Anderson, John Geren, Nathan Bryan and Becky Glover were present. Council Member John Hopewell was absent. 3. Presentation from proposed Investment Advisors, Valley View Consulting, L.L.C. (Clayton Fulton) Clayton Fulton presented the item to council and introduced Bill Koch from Valley View Consulting, who gave a brief presentation to council members and answered questions from council members. Mayor Crist requested a motion to discuss item 5 (c) in open session as there was an applicant for P & Z in the audience that could not be at the 7#30 Regular Meeting. Council Member Anderson made the motion to discuss 5 (c) in open session. Council Member Cook seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 Applicant Tiffany Burleson was present and Council Members asked questions of her to make their decisions later on board and commission appointments. 4. Discussion regarding funding agreement between the Anna EDC, Anna CDC and the Greater Anna Chamber of Commerce. (Jessica Perkins) Jessica Perkins, Assistant to the City Manager presented the item to council and answered questions. Council Member Cook made the motion to enter Closed Session at 7:10 pm. Council Member Bryan seconded the motion. Motion passes. 08-14-12 CC Regular Meeting Minutes.doc 1 08-14-12 AYE 5 NAY 1(CM Anderson) ABSTAIN 0 5. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions. a. consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071). Anticipated litigation with Amazing Solar Solutions, "City of Anna v. City of Weston, Cause No. 380-02570-2011, in the 380t" District Court of Collin County, Texas"; "City of Anna v. Walmat Inc., et al.; Cause No. 429-0028&2009, in the 429th District Court of Collin County, Texas"; legal issues regarding property annexations, b. discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); acquisition of park land. c. discuss or deliberate personnel matters (Tex. Gov't Code §551.074); Members of the EDC, CDC, Planning & Zoning Commission, and Board of Adjustment. 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 736 pm. Council Member Glover seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 6. Adjourn. Council Member Geren made the motion to adjourn at 7:36 pm. Council Member Glover seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 ATTEST; APPROVED: Natha Wilkison, City Secretary Milce Crist, Mayor 08-14-12 CC Regular Meeting Minutes.doc 2 08-14-12 MINUTES OF CITY OF ANNA AGENDA NOTICE — CITY COUNCIL REGULAR MEETING August 14, 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., August 14, 2012, at the Anna City Hall Administration Building, located at 111 North Powell Parkway (Hwy 5), to consider the following items. Welcome to the City Council Meeting. Please sign the Sign -In -Sheet as a record of attendance. If you wish to speak on an open -session agenda item please fill out the Opinion/Speaker Registration Form and turn it in to the City Secretary before the meeting starts. 1. Call to Order. Mayor Mike Crist called the meeting to order at 7:37 pm. 2. Invocation and Pledge of Allegiance. Mayor Mike Crist gave the invocation. 3. Citizen comments. Citizens at•e allowed 3 minutes to speak. The Cocrncil 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. None 4. Receive reports from Staff or the City Council about items of community interest. Items of community interest inclaule: 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. None 5. Consent Items. These items consist ofnon-controversial or "housekeeping" items required by law. Items may be considered individually by any Council 08-14-12 CC Regular Meeting Minutes.doc 3 08-14-12 member making such request prior to a motion and vote on the Consent Items. a. Approve City Council Minutes for July 24, 2012 Regular Meeting. b. Approve City Council Minutes for July 31, 2012 Special Budget Workshop. c. Approve "Richardson Addition" re -plat. (Maurice Schwanke) d. Authorization to solicit bids for Slayter Creels Park Phase II and Slayter Creels Trail Phase II. (City Manager) e. Review CDC Minutes for May 10, 2012 Special Meeting. f. Review CDC Minutes for May 15, 2012 Special Meeting. g. Review EDC Minutes for May 10, 2012 Special Meeting, Council Member Geren made the motion to approve. Council Member Anderson seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 6. Public Hearing: Public Hearing for City Council to hear public comment on the proposed FY 2012-2013 Budget. (Clayton Fulton) Clayton Fulton, Director of Finance presented the item to council. Mayor Crist opened the public hearing at 7:39 pm. There was no public comment. Mayor Crist closed the public hearing at 7:39 pm. 7. Consider/Discuss/Action approving a Resolution regarding designating Open Space within Slayter Creek Park. (Maurice Schwanke) Maurice Schwanke, Director of Planning and Development presented the item to council and answered questions. Council Member Glover made the motion to approve. Council Member Geren seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 8. Consider/Discuss/Action regarding appointments/reappointments to the Planning & Zoning Commission, and Board of Adjustment. (City Secretary) Council Member Glover made the motion to appoint Sandy Setliff to Place 1 on P & Z and to remove her from BOA. Cotuicil Member Cook seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 Applicants Dan Rotty, Brandi Pitcox, Lee Miller were given the opportunity to introduce themselves and answered questions from council members. Mayor Crist reminded council that they heard from Tiffany Burleson earlier. 08-14-12 CC Regular Meeting Mimrtes.doc 4 08-14-12 Council Member Glover made the motion to appoint Brandi Pitcox to P & Z Place 2. Council Member Cook seconded the motion. Motion passes AYE 4 NAY 2 (CM Anderson ABSTAIN 0 and Mayor Crist) Council Member Glover made the motion to appoint Lee Miller to BOA Place 3. Council Member Geren seconded the motion. Motion passes. AYE 4 NAY 2 (CM Anderson and Bryan) ABSTAIN 0 Council Member Anderson made the motion to nominate Dan Rotty for BOA Alternate 2A. Council Member Geren seconded the motion. Council Member Glover made the motion to enter closed session 7:56 pm. Council Member Bryan seconded the motion. Motion passes ABSTAIN 0 Council Member Glover made the motion to return to open session at 8:03 M. Council Member Geren seconded the motion. Motion passes. NAY 0 ABSTAIN 0 Mayor Crist confirmed the motion and second for Dan Rotty for BOA Alternate 2A stands. Motion fails. AYE 2 (CM Anderson and NAY 4 ABSTAIN 0 Mayor Crist) Council Member Bryan nominated Tiffany Burleson to BOA Alternate 2. Council Member Geren seconded the motion. Motion passes. AYE 4 NAY 2 (CM Glover and ABSTAIN 0 Mayor Crist) 9. Consider/Discuss/Action regarding resignation of City Council member, Place 2. (City Council) Council Members thank Council Member on his years of service on council and wished him well on his new position. Council Member Geren made the motion to accept the resignation effective August 15, 2012. Mayor Crist seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 08-14-12 CC Regular Meeting Minutes.doc 5 08-14-12 10. Consider/Discuss/Action adopting an Ordinance Ordering a Special Election To Fill a City Council member vacancy, Place 2, on November 6, 2012. (City Council). City Manager, Philip Sanders presented the item to council and answered questions. Council Member Glover made the motion to approve. Council Member Geren seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 Council Member Cook made the motion to enter closed session at 8:11 pm. Council Member Bryan seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 11. CLOSED SESSION (EXCEPTIONS): Unde>• 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). Anticipated litigation with Amazing Solar Solutions; "City of Anna v. City of Weston, Cause No. 380-02570-2011, in the 380t" District Court of Collin County, Texas"; "City of Anna v. Walmat Inc., et al.; Cause No. 429-0028&2009, in the 429th District Court of Collin County, Texas"; legal issues regarding property annexations. b. discuss or deliberate the purchase, exchange, lease, or value of real p> operty (Tex. Gov't Code §551.072)9 acquisition of park land. c. discuss or deliberate personnel matters (Tex. Gov't Code 6551.074); Members of the EDC, CDC, Planning &Zoning Commission, and Board of Adjustment. 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 Anderson made the motion to return to open session at 9:16 pm. Council Member Geren seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 08-14-12 CC Regular Meeting Minutes.doc 6 08-14-12 12. Consider/uiscuss/Action on any items listed on posted agenda for August 14, 2012 City of Anna Workshop Session or any closed session occurring during this Regular Meeting, as necessary. Council Member Glover made the motion to take no action. Council Member Anderson seconded the motion. Motion passes. AYE 6 13. Adjourn. NAY 0 ABSTAIN 0 Council Member Anderson made the motion to adjourn at 9:17 pm. Council Member Cook seconded the motion. Motion passes. AYE 5 ATTEST: Nay 1 (Mayor Crist) Natha Willcison, City Secretary ABSTAIN 0 APPROVED: Mike Crist, Mayor 08-14-12 CC Regular Meeting Minutes.doc 7 08-14-12 MINUTES OF CITY OF ANNA AGENDA NOTICE — CITY COUNCIL SPECIAL MEETING August 7, 2012 6:30 PM —Anna City Hall Administration Building The City Council of the City of Anna met in Special Session at 6:30 p.m., August 75 2012, at the Anna City Hall Administration Building, located at I I I North Powell Parkway (Hwy 5), regarding the following items. 1. Call to Order. Mayor Mike Crist called the meeting to order at 6.34 pm. 2. Roll Call and Establishment of Quorum. Mayor Mike Crist and Council Members James T. Cook, John Hopewell, John Geren and Nathan Bryan were present. Council Members Kevin Anderson and Becky Glover were absent. 3. Discussion regarding Proposed 2012-2013 FY Budget. City Manager, Philip Sanders presented the item to council. Jessica Perkins, Assistant to the City Manager went over some changes to the EDC/CDC proposed budgets. 4. Consider/Discuss/Action approving a Resolution regarding a Proposed Tax Rate for Fiscal Year 20124.013. (Clayton Fulton) Clayton Fulton, Director of Finance presented the item to council and answered questions. Council Member Hopewell made the motion to approve. Council Member Bryan seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 5. Consider/Discuss/Action approving a Resolution setting the date and time for two Public Hearings on the proposed FY 2012-2013 Tax Rate. (Clayton Fulton) Clayton Fulton, Director of Finance presented the item to council. Council Member Hopewell made the motion to approve. Council Member Geren seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 08-07-12 CC Special CC Minutes 1 08-07-12 6. Adjourn. Council Member Geren made the motion to adjourn at 6:45 pm. Council Member Hopewell seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 ATTEST: APPROVED: Natha Willcison, City Secretary Mike Crist, Mayor 08-07-12 CC Special CC Minutes 2 08-07-12 MINUTES OF CITY OF ANNA AGENDA NOTICE — CITY COUNCIL SPECIAL MEETING August 21, 2012 6:30 PM — Anna City Hall Administration Building The City Council of the City of Anna met in Special Session at 6:30 p.m., August 21, 2012, at the Anna City Hall Administration Building, located at 111 North Powell Parkway (Hwy 5), regarding the following items. Mayor Pro Tem John Geren called the meeting to order at 6:30 pm. 2. Roll Call and Establishment of Quorum. Mayor Pro Tem John Geren and Council Members James T. Cook, John Hopewell, Natha Bryan and Becky Glover were present. Mayor Mike Crist was absent. 3. Public Hearing: (1sc) For City Council to hear public comment on the proposed 2012 Tax Rate. Mayor Pro Tem Geren opened the public hearing at 6:35 pm. There was no public comment. Mayor Pro Tem Geren closed the public hearing at 6:36 pm. Council Members thanked Fire Chief Frank Roma for his service on the Fire Department. 4. Adjourn. Council Member James made the motion to adjourn at 6:40 pm. Mayor Pro Tem Geren seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 ATTEST: APPROVED Natha Wilkison, City Secretary John Geren, Mayor Pro Tem 08-21-12 CC Special CC Minutes.doc 1 08-21-12 f1f[onday, June 11, 2012 The Anna Community Development Corporation ("CDC") of the City of Anna met at 8:07 p.m., on June 11, 2012, at the Anna City Hall Administration Building, 111 North Powell Parkway (Hwy. 5), Anna, Texas. 1. 2. 3. 4. 5, Call to Order Jason Focht, President, called the meeting to order and the following items were presented to the Directors for its consideration after roll call and the establishment of a quorum. Roll Call and Establishment of Quorum. Directors in attendance were: Jason Sherilyn Godfrey and John Houcek. Focht, Gene Bowles, Connie Stump, Directors absent were: Duane Hayes and Sarah Jones. A quorum was declared present and the floor was open for business. Others in attendance were: Jessica Perkins, Chief Administrative Officer; and Clark McCoy, Attorney for CDC, Invocation and Pledge. Skipped due to the hour. Public Hearing regarding outdoor recreation project including a public park and open space facility improvements. The President, John Focht, declared the Public Hearing opened at 8:05 p.m. No citizens attending the meeting; therefore, the hearing closed at 8:06 p.m. Consider/Discuss/Action regarding passing a resolution to approve and authorize the proposed project plan of finance for city park improvements. CDC needs to secure funds to complete Phase II of Slayter Creek Park. Gene Bowles made a motion to approve the resolution and authorize the CAO and CDC's Financial Advisor to pursue and obtain financing in the amount of $1.6M. Furthermore, the motion stated that the funding agreement would be subject to the approval of CDC 's legal counsel, as to form and substance, and the approval Corporation may vote and/or act upon each orthe items listed is this agenda* 2. The Corporation reserves the right to retire into executive session concerning any ol'the items listed orr this agenda, whenever it is considered necessary and legally justi6cd under the Open Meeting act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the office or the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made. 06-11-2012 Special CDC Minutes.doc 1 of City Council. Connie Stump seconded the motion. Motion passed. None opposed. 6. Consider/Discuss/Action regarding passing a resolution to purchase a canopy to cover the playground at Slayter Creek Park. CDC has budgeted $50,000 for park improvements. Connie Stump made a motion to approve the resolution and authorize an expenditure of funds, in the amount of $26,600 for a large canopy to cover the entire playground at Slayter Creek Park. Gene Bowles seconded the motion. Motion passed. 7. Consider/Discuss/Action regarding passing a resolution to contract and purchase an irrigation system for Bryant Park. CDC has budgeted $50,000 for park improvements. The staff believes that it would be appropriate to irrigate Bryant Park to strengthen the turf to improve the uses of the park. Sherilyn Godfrey made a motion to approve the resolution and to authorize an expenditure of funds, in the amount of $10,000, for an irrigation system. Connie Stump seconded the motion. Motion passed. 8. Consider/Discuss/Action regarding passing a resolution to contract and purchase an irrigation system for Geer Park. CDC has budgeted $50,000 far park improvements. The staff believes that it would be appropriate to irrigate Geer Park to strengthen the turf to improve the uses of the park. Gene Bowles made a motion to approve the resolution and to authorize an expenditure of funds, in the amount of $10,000, for an irrigation system. Connie Stump seconded the motion. Motion passed. 9. Consider/Discuss/Action regarding passing a resolution to purchase advertising space in the Greater Anna Chamber Business Directory. Historically, CDC has placed an advertisement in the GACC business directory. Jessica Perkins believes that would be a good opportunity for the Board to promote the "Shop Local" website. Gene Bowles made a motion approving a contract with the GACC, regarding its production of a local business directory; authorizing the expenditure of funds in the amount $575.00 for a one-half page advertisement promoting the "Local Shop" website; and for Jessica Perkins, at her discretion, choose the placement of said ad. Sherilyn Godfrey seconded the motion. Motion carried. 1Q. HOLD CLOSED: (exceptions): a. Deliberation regarding the purchase, exchange, lease or value of real property. (Tex. Gov't Code §551.072); b. Consult with legal counsel on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional 1. The Corporation may vote and/or act upon each of the items listed in this agenda. 2. The Corporation 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 office of the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made. 06-11-2012 Special CDC Minutes.doc 2 Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071), and, 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 described by subdivision (1). (Tex. Gov't Code §551.087). Not necessary. 11. Review of fiscal year 2011.2012 bills and budget. There were no bills for the Directors to review since invoices for legal services, employment services, or contracted services have previously been approved. 12. Consider/Discuss/Action regarding approval of the meeting minutes from May 109 2012 and May 15, 2012. The names of the directors attending the meeting were omitted from both sets of minutes. For the May 10, 2012 minutes under paragraph 2, Roll Call and Establishment of Quorum, directors in attendance were: Connie Stump, Gene Bowles, John Houcek, and Duane Hayes. The spelling of Gene Bowies' last name was to be corrected as well. For the May 15, 2012 minutes under paragraph 2, Roll Call and Establishment of Quorum, directors in attendance were: Connie Stump, Gene Bowles, John Houcek, Jason Focht, Sarah Jones, and Sherilyn Godrey. Sherilyn Godfrey made a motion to approve the minutes as corrected. John Houcek seconded the motion. Motion passed. 13. Adjourn. Connie Stump made a motion to adjourn the meeting. Gene Bowles seconded the motion. Motion carried and the meeting adjourned at 8:24 p.m. Focht � ent of CDC 1. The Corporation may vote and/or act upon each of the items listed in this agenda 2. The Corporation 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 office of the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made. 06-11-2012 Special CDC Minutes.doc 3 EC;Ctt;t7r:IG UE VELONAENi CORF0PATI0iI Mr�*MWJ WWAlp• ILI III, Ely gVeR Lei•''.` •"•MA* Monday, June 11, 2012 The Anna Economic Development Corporation ("CDC") of the City of Anna met at 5:11 p.m., on Monday, June 11, 2012, at the Anna City Hall Administration Building, 111 North Powell Parkway (Hwy. 5), Anna, Texas. 1. Call to Order Constance Stump, President, called the meeting to order and the following items were presented to the Board for its consideration after roll call and the establishment of a quorum. 2. Roll Call and Establishment of Quorum. Directors in attendance were: Jason Focht, Gene Bowles, Connie Stump, Sherilyn Godfrey and John Houcek. Directors absent were: Duane Hayes and Sarah Jones. A quorum was declared present and the floor was open for business. Others in attendance were: Philip Sanders, City Manager; Jessica Perkins, Chief Administrative Officer; Clark McCoy, Attorney for CDC; and Maurice Schwanke, City Planner. 3. Consider/Discuss/Action regarding costs not yet approved for the renovation at 312 N. Powell Parkway. A change order of the amount of approx. $30,000 was presented to Jessica Perkins for cost overages with respect to the renovation at 312 N. Powell. The General Contractor ("GC") is under the impression the change order was approved despite no signed documentation. The GC has submitted a letter stating they are suspending construction until the change order is resolved. The GC has not yet stated under what provision of the contract they have the authority to suspend construction. Our contact at Level 5 Design, Justin Gilmore, stated that they have not suspended construction; however, there are delays in delivery of items to finish out the project. A list of items that need to be discussed regarding the renovation of 312 N. Powell are: (1) Change order; (2) Window; (3) Furniture and Appliances; (4) Grass/Sod; (5) A/C unit; and (6) Outdoor Lighting. I . 'Ihe Corporation may vote and/or act upon each of the items listed in this agenda. 2. 'fhe Corporation reserves the right to retire into eseeutive 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 office of the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made. 06-11-2012 Special EDC Minutes.doc 1 After Closed Session, the Board met with Justin Gilmore and the Josh Houser, the GC. The Budget Costs Summary for Commercial Construction, prepared on January 28, 20129 by Justin Gilmore, 2016 Royal Crest Drive, Mansfield, Texas 76063, was presented to the Board "as an all inclusive budget for costs" associated with the renovation of the property. In light of the cost overage, additional points of contention needed to be discussed and agreed upon. An agreement was reached and a motion was made by Gene Bowies authorizing an amendment to the original contract be drafted to include approval of PR-01 less 10% and GC to match Mechanical Room door to the rest of the building for $10. No, to the request indicated on PR-01 for a 10 day extension to the contract. For PR-02 approved as is. For PR-03 wait; take no action. Lastly PRm04 was to be completed by GC for $10. All PR's subject to final review by the EDC COA and legal counsel and approval by the City Council. John Houcek seconded the motion. Motion passed. 4. HOLD CLOSED: (exceptions): a. Deliberation regarding the purchase, exchange, lease or value of real property. (Tex. Gov't Code §551.072); b. Consult with legal counsel on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071); and, 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 described by subdivision (1}. (Tex. Gov't Code §551.087). Connie Stump read the foregoing into the record. Gene Bowles made a motion to enter Closed Session. Sherilyn Godfrey seconded the motion. Motion passed. The Board entered into Closed Session at 6:48 p.m. After discussing the business at hand, Sherilyn Godfrey made a motion to return to Open Session. Gene Bowles seconded the motion. Motion passed. The Board returned to Open Session at 7:18 p.m. 5. Consider/Discuss/Action regarding payment of a bill fram L8L Utility for bores and conduit work at 312 North Powell Parkway. An invoice, dated April 23, 2012, was presented to the Board for payment. When it was decided to irrigate the entire property, some bores and conduit work had to 1. The Corporation may vote and/or act upon each of the items listed in this agenda. 2. The Corporation 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 office of the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made. 06-11-2012 Special EDC Minutes.doc 2 be done. This expenditure is not in the original budget; therefore, it has to be paid separately. John Houcek made a motion to authorize Jessica Perkins, EDC COA, to pay L&L Utility's invoice, in the amount of $1,800.00. Gene Bowles seconded the motion. Motion passed. 6. Consider/Discuss/Action regarding passing a resolution to purchase advertising space in the Greater Anna Chamber Business Directory. Historically, the Board has purchased the center -fold for atwo-page map of Anna for the GACC Business Directory. In addition, the Board in the past has purchased additional space to promote the projects of EDC. Gene Bowles made a motion for EDC to contract with GACC with respect to its production of a local business directory, and to authorize the expenditure of funds, in the amount, not to exceed $2,500.00, for promotional purposes. Sherilyn Godfrey seconded the motion. Motion carried. 7. Discussion about partnering with Buxton, a firm that provides analytic data about consumers in our market. Buxton is a firm out of Fort Worth that specializes in consumer research. The company has approximately 2,000 clients throughout the country. Jessica Perkins talked with Lisa Hill of Buxton at ICSC and thinks it would be beneficial for the EDC to enter into a twelve-month partnership with Buxton since its specialty is consumer growth in rural areas. Jessica Perkins would like to invite a representative of Buxton to do a presentation for the Board. 8. Consider/Discuss/Action regarding approval of the meeting minutes from May 10, 20'12. The names of the directors attending the meeting were omitted from the minutes, under paragraph 2, Roll Call and Establishment of Quorum. Directors in attendance were: Connie Stump, Gene Bowles, John Focht, and Duane Hayes. Sherilyn Godfrey made a motion to approve the minutes as corrected. John Houcek seconded the motion. Motion passed. 9. Review of fiscal year 2011-2012 bills and budget. There were no bills to review and no changes to the budget. This space intentionally left blank 1. The Corporation may vote and/or act upon each of the items listed in this agenda. 2. The Corporation 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 office of the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made. 06-11-2012 Special EDC Minutes.doc 3 10. Adjourn. John Houcek made a motion to adjourn the meeting. Gene Bowles seconded the motion. Motion carried and the meeting adjourned at 8402 p.m. ! W;1AVRm4eALM i a7Ct+IGIQIy VI GUV 1. The Corporation may vote and/or act upon each of the items listed in this agenda. 2. The Corporation 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 office of the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made. 06-11-2012 Special EDC Minutes.doc 4 Y(OU�i} HUMETOW �T Council Meeting: August 28, 2012 Item No. 5 (f) City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: City Manager Account Code #: Budgeted Amount: Exhibits: ❑ Yes ❑ No AGENDA SUBJECT: Consider/Discuss/Action regarding a Resolution requesting funding for the US 75/17M 455 Interchange. SUMMARY: The North Central Texas Council of Governments (NCTCOG) Regional Transportation Council (RTC) is responsible for administering the Regional Toll Revenue (RTR) transportation fund. Money in the fund is being used to construct transportation project throughout North Texas including the FM 455 project here in Anna. Some these transportation projects have been constructed for less than the original estimated cost. During their September 13 meeting, the RTC will consider recommendations for projects that could be funded with the original project savings. Most of the money will be allocated to cover the full cost of several large State Highway project administered by TxDOT. There is a possibility that one of the TxDOT projects may receive direct funding through the federal government. If that happens, there will be money available to fund one or more additional transportation projects. The Collin County Commissioners Court has submitted a rank ordered list of transportation projects to the RTC to consider. The reconstruction of the US 75/FM 455 interchange is one of the projects on the County's priority list although not in the top spot. TxDOT has recommended that the RTC utilize any additional funds that might become available to fund the construction of the interchange at FM 455. The attached Resolution endorses the TxDOT recommendation and requests that the RTC allocate resources to fund the US 75/17M 455 interchange. RECOMMENDATION: Staff recommends approval of the attached Resolution CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS REQUESTING FUNDING FROM THE REGIONAL TRANSPORTATION COUNCIL FOR THE US 75/FM 455 INTERCHANGE, WHEREAS, The North Central Texas Council of Governments (NCTCOG) Regional Transportation Council (RTC) is responsible for administering the Regional Toll Revenue (RTR) transportation fund; and WHEREAS, money in the RTR fund is being used to construct transportation projects throughout North Texas; and WHEREAS, transportation transportation projects; and the Collin projects projects County in Collin in Collin Commissioners Court has prepared a list of priority County, and has asked the RTC to fund additional County with cost savings from other Collin County RTR WHEREAS, the reconstruction of the US 75/FM 455 Interchange is one of the projects included on the list of priority transportation projects for Collin County; and WHEREAS, one or more of the State highway projects proposed for construction with Collin County RTR funds, including US 75 at the President George Bush Turnpike (PGBT), may be eligible for funding under federal transportation programs; and WHERAS, the City of Anna, Texas has been one of the fastest growing cities in Collin County over the past decade; and WHEREAS, traffic routinely backs up into the main lanes of US 75 at the FM 455 Interchange during the evening commute; and WHEREAS, the City of Anna has received over 220 single family building permit application since January of 2012; and WHEREAS, this rapid growth will only exacerbate an already significant traffic and safety problem at the US 75/FM 455 Interchange; and WHEREAS, the Texas Department of Transportation (TxDOT) has committed to prepare full construction plans and specifications for the US 75/FM 455 Interchange; and WHEREAS, the Texas Department of Transportation (TxDOT) has recommended that the RTC utilize any additional funds that might become available through federal funding of the US 75 at PGBT project, to fund the construction of the US 75/FM 455 Interchange; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 2 Section 1. Recitals Incorporated The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. Funding %J the US 75/FM455 Interchange The City Council of the City of Anna, Texas Department of Transportation regarding the requests that the RTC utilize any additional federal funding of the US 75 at PGBT project, Interchange. endorses the recommendation of the Texas US 75/FM 455 Interchange, and hereby funds that might become available through to fund the construction of the US 75/FM 455 PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 28th day of August 2012. ATTEST: Natha Wilkison, City Secretary APPROVED: Mike Crist, Mayor CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 2 OF 2 Council Meeting: August 28, 2012 Account Code #: N/A Budgeted Amount: N/A Item No. 6 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Clayton Fulton Date Prepared: 8/24/12 Exhibits: ❑Yes Q No AGENDA SUBJECT: Public Hearing: (2nd) For City Council to hear public comment on the proposed 2012 Tax Rate. SUMMARY: The City Council scheduled August 28, 2012 at 7:30 p.m. as the date and time for the second public hearing on the proposed 2012 Tax Rate. RECOMMENDATION: Council Meeting: August 28, 2012 Account Code #: N/A Item No. City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Maurice Schwanlce Date Prepared: 08/23/12 Budgeted Amount: N/A Exhibits: ■Yes ❑ No AGENDA SUBJECT: (a) Public Hearing: To consider public comments regarding 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/Act on recommendation regarding 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 Schwanlce) SUMMARY: This ordinance was recently reviewed and approved by the Planning and Zoning Commission and City Council. After approval it came to our attention that several non -material changes that were needed were not in the adopted version of the ordinance. Since these changes are within the "Zoning Ordinance" of the Anna Code we are required to put the changes through the process again. The staff is recommending approval of this ordinance. PLANNING AND ZONING ACTION: The Planning and Zoning Commission recommended approval of the ordinance at their meeting August 6, 2012. The vote was unanimous. RECOMMENDED ACTION: Approval of the ordinance. 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, August 28, 2012, at 7030 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 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. 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. CITY OF ANNA, TEXAS AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING THE ANNA CITY CODE OF ORDINANCES BY AMENDING PART 11, ARTICLE III BY ADDING REGULATIONS RELATED TO ALCOHOLIC BEVERAGES; BY AMENDING PART I11- 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 ll, Article III, 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 (y Counc) has investigated and determined that it would be advantageous and beneficial to the City and its citizens to amend Part IlkC 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 hearings) 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 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 CITY OF ANNA ORDINANCE NO. Page 1 of 12 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 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 CITY OF ANNA ORDINANCE NO. Page 2 of 12 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 municipaes 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 A the effective date of this ordinance: Ordinance Orel No. Ordinance No. Ordinance No. Ordinance No. Ordinance No. Ordinance No. Ordinance No. Ordinance No.DIVITITUM 108-2003; 182-2005; 183-2005; 184-2005; 185-2005; 186-2005; 187-2005; 385-2008; and 428-2009. SECTION 3. Amendments to the Anna City Code of Ordinances. 3.01 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 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 Section 1. 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 CITY OF ANNA ORDINANCE NO. Page 3 of 12 their ordinary meaning, unless specified otherwise. No. , adopted ) Section 2. Permit Required; Associated Requirements and Procedures It shall be unlawful for anv 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 fee and keep a record of same in the City 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). � Before the City Secretary shall sign any application for a permit or license regulated under the TABC, or anv 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 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 covering a longer period than one year. (Ord. No. 482-2009, adopted 01/27/09; Ord. No. 108-2003, adopted 09/09/03); cross reference: Part 111-C, Section 34.12. CITY OF ANNA ORDINANCE NO. Page 4 of 12 Section 3. Regulations for Sale of Beer for On -Premises Consumption To the extent that an employee of an establishment serves beer to the public for on -premises consumption, such employee must have a current food handler certificate. No person other than the permittee or licensee for an establishment that serves beer to the public for on -premises consumption may do so 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. (Ord. No. ,adopted :Ord. No. 184-2005, adopted 02112105) 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 an "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. 385-20081 adopted 06/10/08) 3.02 In accordance with Part II, Article 1, Section 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 a This section 34.12 shall not apply when the storage or serving of CITY OF ANNA ORDINANCE NO. Page 5 of 12 alcoholic beverages is strictly for the consumption of the owners of the premises and their guests at no charge.-C)theFwise,the storage, byanyone shall he illegal on ally for that property wed speoif unless (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 the-e-4y. City. (Ord. No. adopted ); Cross reference: Part II, Article III ALCOHOLIC BEVERAGES (c) Ne in the business ef storing, selling, person shall engage -of possessing any heyeFage in the pity the glare of alGGholio business of s„nh person is Ionof8Qd in the Ilse unless Diotrint of the pity in ring selling or possessing of s„oh aiGoholio beverage is beverage. WhiGh e-&t$rn-rg � selling, .�.rm-r9v-rsacn--a-rcvrrvTr�cicc permitted- The sale of liquor and the sale of beer is prohibited in any residential area within the City's corporate limits. Subject only to the exception in subsection (k) of this section, the term "residential area includes locations that are within any of the following zoning districts or areas: 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; SF-TH - Single Family Town Home; MH-1 - Manufactured Home District; MH-2 - Manufactured Home Park District; . TF Duplex - (Two Family Residential); IL CITY OF ANNA ORDINANCE NO. Page 6 of 12 MF-1 - Multiple Family Residential - Medium Density; MF-2 - Multiple Family Residential - High Density; PD - Any residential part of a Planned Development District; or Any 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 02112105) (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. Cer any permit OF lir.ense severing ^ nremise where miners are Texas AIEehGliG (monde the me^suFe of the distaRGe between the premises. ;and. a publiG or private SGhGE)l shall be aleng the property and an a direst line anress intersentinns (Ord. No. , adopted ) (f) It shall be unlawful for any person who operates an Alcoholic Beverage CITY OF ANNA ORDINANCE NO. Page 7 of 12 Store to sell alcoholic beverages within 300 feet of any existing day Ear-e-day-care or private GG child-care facility. The measurement of the distance between said Alcoholic Beverage Store and the day Dare day-care center or private SG el child-care facility shall be in a straight direct line from the said business Alcoholic Beverage Store to the nearest point property line of the day day-care center or-pFivateGeel child-care facility. The measurement for a StrUnt„ro h II he taken from the nearest Point that a stn Untrue extends in any said strUGWres. 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 ) it be for AlGohGliG Beverage StOFe te be GGRStFUGtedT (g) shall unlawful any than 1,000 feet to another AlGehG'IG Beverage ereGted, Store The er plaGed GIOSeF of the rlistanoe between said Alnnhnlin measurement Beverage Store all he in a straight line in all dire ns from the c�iu never -a -S% -c-rn-rc-m-aTr-a-rrcC-tF9rr� AIanholinBeverage Store to the eef ether s Gh TaaGilit____.___t Tht� nearest point reshall be taken fr�rvrmri-thee nearest `t tcrhr'atc fora measurement Stra pei Subsection (f) of this section only applies to a permit or license holder under Chapter 25, 28, 32, 69, or 74 of the Texas Alcoholic Beverage Code who does not hold a food and beverage 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 or child-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. (Ord. No. , adopted ) AGGIIGIir Beverage Stores shall he Permitter) in any onmmeraial zoning (h) [Distrint „non iss,anne of a speaifio use permit, An establishment that derives 75% or more of the establishment's gross revenue from the sale of alcoholic beverages for on -premises consumption 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 CITY OF ANNA ORDINANCE NO. Page 8 of 12 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 �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. No. ,adopted ;Ord. No. 183-2005, adopted 02112105) .. A •- • JIM •' • • •I MOM I R• C low - - Fore - amended. (Ord. No. ,adopted ;Ord. No. 183-2005, adopted 02/12/05) it An establishment that derives 75% or more of the establishment's aross revenue from the sale of alcoholic beverages for on -premises consumption may not be located closer than 1000 feet to an existi ,ng 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 holds a current and CITY OF ANNA ORDINANCE NO. Page 9 of 12 valid certificate of occupancy for such operation. (Ord. No. adopted ; Ord. No. 183-2005, adopted 02112105) (k) For the purposes of this subsection, the term "downtown area" means the area identified in Chapter 6 of the City of Anna Comprehensive Plan 2010-2030, as shown in Figure 13 of said Comprehensive Plan. Notwithstanding anything to the contrary in this section: (1) the regulations in subsections (d), (e), (fl, and (g) of this section do not apply to any land or Uses in the portion of the downtown area shown to be within the dotted boundary line in the figure below; and (2) regardless of whether any residential Uses may be in existence or may be located within the portion of the downtown area shown to be within the dotted boundary line in the figure below, said portion of the downtown area is not within the definition of residential area as set forth in subsection (c) of this section. (Ord. No. ,adopted ) CITY OF ANNA ORDINANCE NO. Page 10 of 12 i I a — — — — I HACKBERRY� IUj - -- ,, -- lot I.____1 ---�LLI' —..I W I W € �j w O ICE an SECOND' STREET IcZ� i WI Ipp( F U) 01 I 'Iw{ )I z{ I � t — THIRD —'STREET �I k (� I ------- L1J _ ._. I I lJEER-_LI . La FOURTH STREET --- a r- -. L_ _.t SECTION 4. Amendment to Comprehensive Plan 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. CITY OF ANNA ORDINANCE NO. Page 11 of 12 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 day of 2012. ATTESTED: City Secretary, Natha Wilkison APPROVED: Mayor, Mike Crist CITY OF ANNA ORDINANCE N0. Page 12 of 12 �� ■ai Council Meeting: Au�;ust 28, 2012 Account Code #: N/A Budgeted Amount: N/A AGENDA SUBJECT: (a) Public Hearin€ ordinance of the City of Anna, Texas amending Part III-C; Zoning Ordinance, Energy Systems) amending Appendix Item No. 8 (a — bL_ City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Maurice Schwanke Date Prepared: 08/23/12 Exhibits: ■Yes ❑ No To consider public comments regarding an an the Anna Code of Ordinances by Section 34 by adding Section 34.13 (Wind 2 Schedule of Uses- Table 7 and 3.7.8 (Descriptions/Definitions of Uses). (Maurice Schwanke) (b) Consider/Discuss/Act on recommendation Anna, Texas, amending the Anna City Code Zoning Ordinance, Section 34 by adding S amending Appendix 2 Schedule of Uses -Table Uses). (Maurice Schwanlce) Sect regarding an ordinance of the City of of Ordinances by amending Part III-C; 34.13 (Wind Energy Systems) 7 and 3.7.8 (Descriptions/Definition of SUMMARY: The City Council directed the staff to prepare an ordinance regarding the installation of Wind Energy Conservation Systems (WECS). Two ordinances were prepared that would establish criteria for WECS in terms of location, setbacks, noise, and heights. Two different approaches are presented. One approach proposes that WECS be control by lot size where the minimum lot size is one acre while the second approach is to control the location by setbacks. For your information a Noise Level Chart has been included. PLANNING AND ZONING ACTION: The Planning and Zoning Commission recommended approval of the ordinance option where the location is controlled by setbacks alone and no minimum lot size (Option A) at their meeting August 6, 2012. The vote was unanimous with the additional condition of a shroud being required around the blades for safety issues RECOMMENDED ACTION: If a wind energy system ordinance is approved the staff is in favor of the option for the wind energy systems where one acre is the minimum lot size (Option B). When the size and height of units are considered on lots smaller than one acre the impact on the visual aesthetics and property values could be significant. The shrouding portion of the recommendation has been added to both options. 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, August 28, 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 "Jr ORDINANCES BY AMENDING PART III-C; ZONING ORDINANCE, SECTION 34 BY ADDING SECTION 34.13 (WIND ENERGY SYSTEMS), AMENDING APPENDIX 2 SCHEDULE OF USES — TABLE 7 (ACCESSORY AND INCIDENTAL USES) AND ADDING APPENDIX 3 EX 3.7.7. AND 3.7.8 (DESCRIPTIONS/DEFINITIONS OF USES; 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. 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. OPTION A 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, SECTION 34 BY ADDING SECTION 34.13 (WIND ENERGY CONVERSION SYSTEMS), AMENDING APPENDIX 2 SCHEDULE OF USES — TABLE 7 (ACCESSORY AND INCIDENTAL USES) AND AMENDING APPENDIX 3 EX 3.7.7 AND 3.7.8 (DESCRIPTIONS/DEFINITIONS OF USES); PROVIDING FOR A PENALTY FOR ANY VIOLATION OF THIS ORDINANCE NOT TO EXCEED $20000 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 Council of the City of Anna seeks to provide for the safe and orderly development of property within its corporate limits; and WHEREAS, the City Council finds it to be in the best interest of the public health, safety, and welfare to provide for the uniform regulation of the construction, design, repair, installation, and maintenance of Wind Energy Conversion Systems within the City; and WHEREAS, the City Council has determined that the City's Code of Ordinances should provide regulations pertaining to Wind Energy Conversion Systems based on: (1) an assessment of the City's existing public facilities or lack thereof as relates to the health, safety, and welfare of the City's residents with regard to the potential abatement and/or mitigation of nuisance or unsafe conditions related to Wind Energy Conversion Systems; (2) an assessment of amendments to existing ordinances and regulations related to measures required to ensure the safe and proper construction, erection, maintenance, repair, and use of Wind Energy Conversion Systems; and (3) assessment of amendments to existing ordinances and regulations related to measures required to achieve balance between the value of alternative energy sources and the protection quality of life issues for the City's residents, including but not limited to nuisance and unsafe conditions, aesthetics, and protection of property values; and WHEREAS, pursuant to Texas Local Government Code Chapters 211, 212, 214, 216, 2171 other applicable law, and by virtue of its police powers as a home -rule municipality, the City is authorized to regulate Wind Energy Conversion Systems; WHEREAS, the City Council finds it to be in the public interest to adopt regulations which address specifications to the Wind Energy Conversion Systems in the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: City of Anna, Texas ORDINANCE NO, Page 1 Section I. 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 11 Section 9 of the Anna City Code of Ordinances, the Part III - C of the Anna City Code of Ordinances is hereby amended by adding Section 34.13 (Wind Energy Conversion Systems), as follows: 34.13 Wind Energv Conversion Systems (a) Applicability and Definitions. Terms defined below shall be used for the purposes of this Section 34.13. (1) Wind Energy Conversion Systems. A Wind Energy Conversion System consists of a wind -driven turbine (whether roof or tower mounted) and associated control or conversion electronics for the purpose of providing electrical power to a privately -owned Lot or parcel. (2) Wind Turbine. The individual component of a Wind Energv Conversion System that converts kinetic energy from the wind into electrical energy, independent of the electrical conductors, electrical storage system, electrical meterina. or electrical inverters. This term shall include the Shroud and the towers or supporting structures. (3) .Building Code(s). All codes, ordinances, regulations, policies and procedures, and standards adopted and enforced by the City. (4) _Fire Code(s). All codes, ordinances, regulations, policies and procedures, and standards adopted and enforced by City (5) FAA. The use of this acronym shall denote the Federal Aviation Administration, or any other applicable authority that regulates air safety within the City's jurisdiction. (6) Shroud. A safety device that covers the blades of a Wind Turbine on all sides in a manner that substantially reduces the potential that the blades would cause iniury or damaae to anv Persons, animals or items of aroaerty comina into contact with the Wind Turbine. (b) Standards. All Wind Energy Conversion Systems are subject to and must City of Anna, Texas ORDINANCE NO. Page 2 (1) Setbacks. Minimum setbacks for Wind Turbines shall be: i) A minimum of 1.1 times the total extended height of the Wind Turbine —as measured from average ground level of the Lot to the uppermost part of the wind turbine —from the project property lines. Guy wire anchors may not extend closer than 10 feet from any propert I (2) Number_per Lot or parcel. A maximum of two Wind Turbines per Lot or parcel is permitted on Lots or parcels less than one-half acre in size; a maximum of four Wind Turbines per acre are permitted on Lots or parcels at least one-half acre in size. i) Height. Subject to the above -referenced setback requirements, the maximum total extended height of tower -mounted Wind Energy Conversion Svstems—as measured from average ground level of the Lot to the uppermost part of the wind turbine —is 35 feet on parcels less than 5 acres in size and 70 feet on parcels 5 acres or greater. If roof mounted, the Extended Height shall not exceed 10 feet above the roof ridge and in no case be higher than 35 feet. (3) Lighting. Wind system towers shall not be artificially lighted unless required, in writing, by the FAA or other applicable authority that regulates air safety. Where the FAA requires lighting, the lighting shall be the lowest intensity allowable under FAA regulations; the fixtures shall be shielded and directed to the greatest extent possible to minimize glare and visibility from the ground; and no strobe lighting shall be permitted, unless expressly required by the FAA. (4) Access. All tower -mounted Wind Energv Conversion Systems must comply with the following provisions: i) the tower shall be designed and installed so that there shall be no exterior step bolts or a ladder on the tower readily accessible to the public for a minimum height of 12 feet above the ground. For lattice or guyed towers, sheets of metal or wood or other barrier shall be fastened to the bottom tower section such that it cannot readily be climbed; and all_ground-mounted electrical and control equipment shall be labeled or secured to prevent unauthorized access. (5) Rotor Safety. All Wind Turbines shall comply with the following Rotor Safety requirements. i) Each Wind Turbine shall be equipped with both manual and automatic City of Anna, Texas ORDINANCE NO. Page 3 the rotor. An external manual shut-off switch shall be included with the installation. ii) The minimum distance between the ground and any protruding blades utilized on a private Wind Turbine shall be 10 feet as measured at the lowest point of the arc of the blades. iii) All blades of a Wind Turbine are required to be within a Shroud. (6) Noise. All Wind Turbines shall comply with these noise requirements and restrictions. These levels may not be exceeded at any time, including short- term events such as utility outages and severe wind storms. A manufacturer's sound report shall be required with a building permit application. i) No Wind Energy Conversion System or combination of Wind Energv Conversion Systems on a single Lot or parcel shall create noise that exceeds a maximum of 35 decibels (dBA) at any property line where the property on which the Wind Energy Conversion System(s) is located or the abutting Property is less than one acre; or, a maximum of 50 decibels (dBA) at any other property line. Measurement of sound levels shall not be adjusted for, or averaged with, non -operating periods. ii) Any Wind Energv Conversion System(s) exceeding these levels shall immediately cease operation upon notification by the Building Official and may not resume operation until the noise levels have been reduced and verified by an independent third party inspector, approved by the Building Official, at the property owner's expense. Upon review and acceptance of the third party noise level report, Building Official will allow operation of the affected Wind Energy Conversion System(s). Wind Energy Conversion System(s) unable to comply with these noise level restrictions shall be shut down immediately and removed upon notification by Building Official, after a period established by Building Official. (7) Aesthetics and Maintenance. i) Appearance. Wind turbines, unless subject to any applicable standards of the FAA, shall be anon -obtrusive color such as tan, sand, gray, black or similar colors. The painting or coating shall be kept in good repair for the life of the Wind Turbine. In addition, any changes to the approved color shall result in notification by the Building Official that the affected Wind Turbine(s) shall cease operation until a color correction has been made. If the affected Wind Turbine(s) are not repainted, using an approved color, within the period established by the Building Official, the owner shall remove the affected Wind Energy Conversion System(s). Electrical Wires. All electrical wires leading from the tower to electrical City of Anna, Texas ORDINANCE NO. Page 4 iii) Maintenance. Wind turbines shall be maintained in good repair, as recommended by the manufacturer's scheduled maintenance or industry standards. (8) Signs/Labels. The only advertising sign allowed on the Wind Turbine shall be a manufacturer's label, not exceeding one square foot in size. (9) Compliance with FAA Regulations. All Wind Turbines shall comply with applicable FAA regulations, including any necessary approvals for installations. (10) Certified Safe. A Texas Professional Engineer sealed drawing or statement shall accompany a building permit application confirming that the Wind Energv Conversion System(s) has been designed and is planned to be constructed in accordance with accepted industry standards and certified safe. (c) Repair and Removal of Wind Turbines. Any Wind Turbine found to be unsafe by the Building Official or Fire Department shall immediately cease operation upon notification by the Building Official or Fire Department and shall be repaired by the owner to meet federal, state, and local safety standards or be removed within six months. Wind turbines that are not operated for a continuous period of 12 months shall be removed by the owner of the Wind Turbine. (1) When a Wind Turbine is removed from a site, all associated and ancillary equipment, batteries, devices, structures or supports) for that system shall also be removed. For the purposes of this section, non -operation shall be deemed to include but shall not be limited to the blades of the Wind Turbine remaining stationary so that wind resources are not being converted into electric or mechanical energy, or the Wind Turbine is no longer connected to the public utility electricity distribution system. (d) Mounting of Wind Turbines. Attachment of the Wind Turbine, including any support or structural components, to any building or structure shall be in strict compliance with Building Codes and Fire Codes. Galvanized steel or metal is the acceptable system for the support structures. (e) Compliance with Regulations. (1) All Wind Energv Conversion Systems shall comply with applicable Fire Codes and Building Codes . (2) All standards and regulations under this Section 34.13 and other applicable fire and building codes are mandatory. Once Wind Turbines are permitted, the owners have the option of compliance with the standards or discontinuation of operations. If the operation of the Wind Turbine(s) does not comply with the City of Anna, Texas ORDINANCE NO, Page 5 provisions of this article, the operator shall promptly take all measures necessary to comply with these regulations, including, but not limited to, discontinued operation of one or more Wind Turbines. *** Remainder of Page Left Blank Intentionally *** City of Anna, Texas ORDINANCE NO. Page 6 6'O a218� Z-� mQ Z-HW >- >- >- Q F- Hl-dS = Z Z Q = O 09-�S cnl W N = to ZL-�S V N U t�8-dS Mbao w� wrw�w�w�w� w��l ai ri ri ai ri ri ri m a) � �t O (]6 U � N U � � C � � N O O_ N � O O � L NN � QJ O_ > ON m L � � p N p U (6 (U � U p � C _� o00000 E w w��.Q -a E a. •� E ui � 0 � o '� . c �Q @ E m UU �lnM1- 2.03 In accordance with Part II, Article 1, Section 9 of the Anna City Code of Ordinances, the following amendment is made to Appendix 3 of Part III — C of the Anna Code, by adding Ex 3.7.7 and 3.7.8 (descriptions/definitions of uses): APPENDIX 3 —DESCRIPTION/DEFINITIONS OF USES Ex 3.7.7 Wind Enerqv Conversion System -means awind-driven turbine, (whether roof or tower mounted), and associated control or conversion electronics for the purpose of providing electrical power to a privately -owned Lot or parcel. These systems are considered accessory uses in all zoning districts. Ex 3.7.8 Wind Turbine -The individual component of a Wind Enerqv Conversion System that converts kinetic energy from the wind into electrical energy, independent of the electrical conductors, electrical storage system, electrical metering, or electrical inverters. This term shall include the Shroud and the towers or supporting structures. 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. PASSED by the City Council of the City of Anna, Texas, this day of 20 City of Anna, Texas ORDINANCE NO. Page 8 ATTESTED: City Secretary, Natha Wilkison Mayor, Mike C1 0 City of Anna, Texas ORDINANCE NO. Page 9 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, SECTION 34 BY ADDING SECTION 34.13 (WIND ENERGY CONVERSION SYSTEMS), AMENDING APPENDIX 2 SCHEDULE OF USES — TABLE 7 (ACCESSORY AND INCIDENTAL USES) AND AMENDING APPENDIX 3 EX 3.7.7 AND 3.7.8 (DESCRIPTIONS/DEFINITIONS OF USES); 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 ("the City") has previously adopted ordinances, rules and regulations governing the use of land; and WHEREAS, the City Council of the City of Anna seeks to provide for the safe and orderly development of property within its corporate limits; and WHEREAS, the City Council finds it to be in the best interest of the public health, safety, and welfare to provide for the uniform regulation of the construction, design, repair, installation, and maintenance of Wind Energy Conversion Systems within the City; and WHEREAS, the City Council has determined that the City's Code of Ordinances should provide regulations pertaining to Wind Energy Conversion Systems based on: (1) an assessment of the City's existing public facilities or lack thereof as relates to the health, safety, and welfare of the City's residents with regard to the potential abatement and/or mitigation of nuisance or unsafe conditions related to Wind Energy Conversion Systems; (2) an assessment of amendments to existing ordinances and regulations related to measures required to ensure the safe and proper construction, erection, maintenance, repair, and use of Wind Energy Conversion Systems; and (3) assessment of amendments to existing ordinances and regulations related to measures required to achieve balance between the value of alternative energy sources and the protection quality of life issues for the City's residents, including but not limited to nuisance and unsafe conditions, aesthetics, and protection of property values; and WHEREAS, pursuant to Texas Local Government Code Chapters 211, 212, 214, 216, 217, other applicable law, and by virtue of its police powers as a home -rule municipality, the City is authorized to regulate Wind Energy Conversion Systems; WHEREAS, the City Council finds it to be in the public interest to adopt regulations which address specifications to the Wind Energy Conversion Systems in the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: City of Anna, Texas ORDINANCE NO. Page 1 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 1, Section 9 of the Anna City Code of Ordinances, the Part III - C of the Anna City Code of Ordinances is hereby amended by adding Section 34.13 (Wind Energy Systems), as follows: 34.13 Wind Energv Conversion Systems �rsion Svstems. In order to balance the nE �urces with the protection of the health, safety and ose of this section is to regulate private use r the production of electricitv for use on a Lot. (a) Applicability and Definitions. Terms defined below shall be used for the purposes of this Section 34.13. (1) Wind Energv Conversion Systems. A Wind Energv Conversion System consists of a wind -driven turbine (whether roof or tower mounted) and associated control or conversion electronics for the purpose of providing electrical power to a privately -owned Lot or parcel. (2) Wind Turbine. The individual component of a Wind Energv Conversion System that converts kinetic enerav from the wind into electrical enerav, independent of the electrical conductors, electrical storage system, electrical meterina, or electrical inverters. This term shall include the Shroud and the towers or supporting structures. (3) uldng ('ode(s). All codes, ordinances, regulations, policies and procedures, and standards adopted and enforced by the City. (4) Fire Code(s) All codes, ordinances, regulations, policies and procedures, and standards adopted and enforced by City. (5) FAA. The use of this acronym shall denote the Federal Aviation Administration, or any other applicable authority that regulates air safety within the City's jurisdiction. (6) Shroud. A safety device that covers the blades of a Wind Turbine on all sides in a manner that substantially reduces the potential that the blades would cause iniury or damaae to anv Persons. animals or items of property comina into contact with the Wind Turbine. Conversion Systems are City of Anna, Texas ORDINANCE NO. Page 2 comply with the following provisions: (1) Setbacks. Minimum setbacks for Wind Turbines shall be: i) A minimum of 1.1 times the total extended height of the Wind Turbine —as measured from average ground level of the Lot to the uppermost part of the wind turbine —from the project property lines. ii) Guy wire anchors may not extend closer than 10 feet from any property line. (2) Number per Lot or parcel. No more than four Wind Turbines per acre are permitted on any Lot or parcel. i) Height. Subject to the above -referenced setback requirements, the maximum total extended height of tower -mounted Wind Energy Conversion Systems —as measured from average ground level of the Lot to the upDermost part of the wind turbine —is 35 feet on Lots or Darcels less than 5 acres in size and 70 feet on Lots or parcels at least 5 acres in size. If roof mounted, the Extended Height shall not exceed 10 feet above the roof ridge and in no case be higher than 35 feet. (3) Minimum Lot Size. Notwithstanding any other provision in this Section 34.13, the minimum lot size to place a Wind Energy Conversion System is 1 acre. (4) .Lighting. Wind system towers shall not be artificially lighted unless required, in writing, by the FAA or other applicable authority that regulates air safety. Where the FAA requires lighting, the lighting shall be the lowest intensity allowable under FAA regulations; the fixtures shall be shielded and directed to the greatest extent possible to minimize glare and visibility from the ground; and no strobe lighting shall be permitted, unless expressly required by the FAA. (5) Access. All tower -mounted Wind Energy Conversion Systems must comply with the following provisions: i) the tower shall be designed and installed so that there shall be no exterior step bolts or a ladder on the tower readily accessible to the public for a minimum height of 12 feet above the ground. For lattice or guyed towers, sheets of metal or wood or other barrier shall be fastened to the bottom tower section such that it cannot readily be climbed: and all ground -mounted electrical and control equipment shall be labeled or secured to Drevent unauthorized access. (6) Rotor Safety. All Wind Turbines shall comply with the following Rotor Safety requirements. City of Anna, Texas ORDINANCE NO. Page 3 i) Each Wind Turbine shall be equipped with both manual and automatic controls to limit the rotational speed of the blade within the design limits of the rotor. An external manual shut-off switch shall be included with the installation. ii) The minimum distance between the ground and any protruding blades utilized on a private Wind Turbine shall be 10 feet as measured at the lowest point of the arc of the blades. iii) All blades of a Wind Turbine are required to be within a Shroud. (7) Noise. All Wind Turbines shall comply with these noise requirements and restrictions. These levels may not be exceeded at any time, including short- term events such as utility outages and severe wind storms. A manufacturer's sound report shall be required with a building permit application. i) No Wind Energv Conversion System or combination of Wind Energv Conversion Systems on a single Lot or parcel shall create noise that exceeds a maximum of 35 decibels (dBA) at any property line where the property on which the Wind Energy Conversion System(s) is located or the abutting Property is less than one acre; or, a maximum of 50 decibels (dBA) at any other property line. Measurement of sound levels shall not be adiusted for, or averaged with, non -operating periods. ii) Any Wind Energv Conversion Systems) exceeding these levels shall immediately cease operation upon notification by the Buildinq Official and may not resume operation until the noise levels have been reduced and verified by an independent third party inspector, approved by the Building Official, at the property owner's expense. Upon review and acceptance of the third party noise level report, Building Official will allow operation of the affected Wind Energy Conversion System(s). Wind Energy Conversion Systems) unable to comply with these noise level restrictions shall be shut down immediately and removed upon notification by Building Official, after a period established by Building Official. (8) Aesthetics and Maintenance. i) Appearance. Wind turbines, unless subject to any applicable standards of the FAA, shall be anon -obtrusive color such as tan, sand, gray, black or similar colors. The painting or coating shall be kept in good repair for the life of the Wind Turbine. In addition, any changes to the approved color shall result in notification by the Building Official that the affected Wind Turbine(s) shall cease operation until a color correction has been made. If the affected Wind Turbine(s) are not repainted, using an approved color, within the period established by the Building Official, the owner shall remove the affected Wind Energy Conversion System(s). City of Anna, Texas ORDINANCE NO. Page 4 Electrical Wires. All electrical wires leading from the tower to electrical control facilities shall be located underaround. Maintenance. Wind turbines shall be maintained in good repair, as recommended by the manufacturer's scheduled maintenance or industry standards. (9) Signs/Labels. The only advertising sign allowed on the Wind Turbine shall be a manufacturer's label, not exceeding one square foot in size. (10) Compliance with FAA Regulations. All Wind Turbines shall comply with applicable FAA regulations, including any necessary approvals for installations. (11) Certified Safe. A Texas Professional Engineer sealed drawing or statement shall accompany a building permit application confirming that the Wind Energy Conversion Systems) has been designed and is planned to be constructed in accordance with accepted industry standards and certified safe. (c) Repair and Removal of Wind Turbines. Any Wind Turbine found to be unsafe by the Building Official or Fire Department shall immediately cease operation upon notification by the Building Official or Fire Department and shall be repaired by the owner to meet federal, state, and local safety standards or be removed within six months. Wind turbines that are not operated for a continuous period of 12 months shall be removed by the owner of the Wind Turbine. (1) When a Wind Turbine is removed from a site, all associated and ancillary equipment, batteries, devices, structures or supports) for that system shall also be removed. For the purposes of this section, non -operation shall be deemed to include but shall not be limited to the blades of the Wind Turbine remaining stationary so that wind resources are not being converted into electric or mechanical energy, or the Wind Turbine is no longer connected to the public utility electricity distribution system. (d) Mounting of Wind Turbines. Attachment of the Wind Turbine, including any support or structural components, to any building or structure shall be in strict compliance with Building Codes and Fire Codes. Galvanized steel or metal is the acceptable system for the support structures. (e) Compliance with Regulations. (1) All Wind Energy Conversion Systems shall comply with applicable Fire Codes and Buildina Codes . (2) All standards and regulations under this Section 34.13 and other applicable City of Anna, Texas ORDINANCE NO. Page 5 owners have the option of compliance with the standards or discontinuation of operations. If the operation of the Wind Turbine(s) does not comply with the provisions of this article, the operator shall promptly take all measures necessary to comply with these regulations, including, but not limited to, discontinued operation of one or more Wind Turbines. *** Remainder of Page Left Blank Intentionally *** City of Anna, Texas ORDINANCE NO. Page 6 c a) E a) E m 0 0 a) ui m U c co c Ocn 0 0 O U aoi Co c 0 Q m N O 0 a) 0 U c m O U m H a) I 0 cn Q � _4� O a) i a) t-� . co U N C ,x -a C O a) U Q' N Q C O N -o D m N E 6O Q ti8Z--�1 amSo JI LU O Cl) WV Hl-dS + LU OIcaaracma—camoUO(j Q xui C C UNo 0o 0i'ON�m0 mVJS C C N O o O 0. N c6 c6 c0 E)d cn U lea r CC C r`'i� Ow�w�wwwV M�o o O U NoN 0 N � 0 � -o L) N M MQ- M •.iMM 'a N Cp OW (0EO O C CC>+Np O OO OC.N ftQ >N •+�UUC- - CL 5> U)L. �EO6 tCo tCo j 0 a)2OE NO ;'0 �co 0 E CY)EU0ILaO(75; U) 2.03 In accordance with Part II, Article I Section 9 of the Anna City Code of Ordinances, the following amendment is made to Appendix 3 of Part III — C of the Anna Code, by adding Ex 3.7.7 and 3.7.8 (descriptions/definitions of uses): APPENDIX 3 —DESCRIPTION/DEFINITIONS OF USES Ex 3.7.7 Wind Energy Conversion System -means awind-driven turbine, (whether roof or tower mounted), and associated control or conversion electronics for the purpose of providing electrical power to a privately -owned Lot or parcel. These systems are considered accessory uses in all zoning districts. Ex 3.7.8 Wind Turbine -The individual component of a Wind Energv Conversion System that converts kinetic energy from the wind into electrical energy, independent of the electrical conductors, electrical storage system, electrical metering, or electrical inverters. This term shall include the Shroud and the towers or supporting structures. 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. PASSED by the City Council of the City of Anna, Texas, this day of 20 City of Anna, Texas ORDINANCE NO. Page 8 I�NX%Anm4wj City Secretary, Natha Wilkison APPROVED: Mayor, Mike Crist City of Anna, Texas ORDINANCE NO. Page 9 Y{4UR} IiQME'i`aW N Council Meeting: August 28, 2012 Account Code #: Budgeted Amount: Item No. 9 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Cit_�ger Exhibits: ❑Yes ❑ No AGENDA SUBJECT: Public Hearing regarding submission of an application for assistance through the Texas Community Development Block Grant Program (TxCDBG). SUMMARY: The Texas Department of Agriculture has announced a new funding cycle for the Texas Community Development Block Grant Program (TxCDBG). The TxCDBG is a federal program funded through the U.S. Department of Housing and Urban Development. Texas cities are invited to submit applications to the Texas Department of Agriculture to receive funding for eligible activities or projects under the grant program. Eligible TxCDBG activities include most ordinary City functions/activities (e.g., water, sewer, street, and park improvements) as well as housing improvements. Staff is preparing an application to request grant funding for an eligible project under this program. As part of the application process, the City is required to conduct a public hearing to allow citizens an opportunity to discuss the citizen participation plan, the development of local housing and community development needs, the amount of TxCDBG funding available, all eligible TxCDBG activities, and the use of past TxCDBG funds. No City Council action is required at this time. Y{ppR} HOR+IETOW N Council Meeting: August 28, 2012 Account Code #:_ Budgeted Amount: Item No. 10 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Cit�ger Exhibits: ❑Yes ❑ No AGENDA SUBJECT: Public Hearing regarding a recently completed water system improvements project funded by the 2010 TxCDBG Program SUMMARY: In 2010, the City received a grant from the TxCDBG Program to construct a water line along primarily Powell Parkway (SH 5) between 5t" Street and Cunningham Blvd. That project is now substantially complete. As part of the project closeout, the City is required to hold a public hearing to hear public comment regarding this water system improvement project. No action by the City Council is required. HOMETOWN Council Meeting: August 28, 2012 Account Code #: N/A Budgeted Amount: Item No. 11 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 8-23-12 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: 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). Anticipated litigation with Amazing Solar Solutions; "City of Anna v. City of Weston, Cause No. 380-02570- 2011, in the 380th District Court of Collin County, Texas"; "City of Anna v. Walmat Inc., et al.; Cause No. 429-00288-2009, in the 429th District Court of Collin County, Texas." b. discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072)5 acquison of park land. c. discuss or deliberate personnel matters: City Secretary Annual Review. (Tex. Gov't Code §551.074)1 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, SUMMARY: RECOMMENDATION: Council Meeting: August 28I 2012 Account Code #: N/A Item No. 12 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 8-23-12 Budgeted Amount: N/A Exhibits: ❑Yes AGENDA SUBJECT: Consider/Discuss/Action on any items listed on agenda for August 28, 2012 City of Anna Workshop Session or any closed occurring during this Regular Meeting, as necessary. SUMMARY: RECOMMENDATION: ❑ No poste d session z�onaErowrr Council Meeting: August 28, 2012 Account Code #: N/A Budgeted Amount:. AGENDA SUBJECT: SUMMARY: RECOMMENDATION: N/A Adjourn. Item No. 13 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 8-23-12 Exhibits: ❑Yes ❑ No Staff recommends a motion to adjourn.