Loading...
HomeMy WebLinkAbout2015-03-24 Workshop & Regular MeetingCITY COUNCIL MEETING SIGN IN SHEET DATE: Please sign -in as a record of attendance. All persons desiring to address the council are requested to sign below and fill out an Opinion/Speaker Registration Form. Please hand the Opinion/Speaker Registration Form to the City Secretary prior to the start of the City Council Meeting. NAME ADDRESS l«'�ic,��T/{ ��ci'Lr{yl,� 737 7 /fy'iG?d!' t-�-�t r�r✓..-✓Yl 2 Gp,v2.aiG Y{OUR} HOMETOWN CITY OF ANNA AGENDA NOTICE -CITY COUNCIL WORKSHOP March 24, 2015 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., March 24, 2015 at the Anna City Hall Administration Building, located at 111 N. Powell Parkway (Hwy 5), regarding the following items: 1. Call to Order. 2. Roll Call and Establishment of Quorum. 3. Briefing/Discussion regarding improvements to Natural Springs Park and Johnson Park. (Maurice Schwanke) 4. Briefing/Discussion regarding police dispatch services. (Chief Jenlcs) 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 gation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code 4551.071); b. discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); acquisition of right -of --way, easements, and land for municipal facilities; c. discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other 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. 03-24-15 CC Workshop Meeting Agenda.doc 1 Posted 03-20-15 incentive to a business prospect described by subdivision kl). Tex. Gov't Code 551.087); proposed residential and retail developments; The council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. 6. Consider/Discuss/Action on any items listed on posted agenda for March 24, 2015 City of Anna City Council Regular Meeting or any Closed Session occurring during this Workshop, as necessary. 7. 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., March 20, 2015. 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. 03-24-15 CC Workshop Meeting Agenda.doc 2 Posted 03-20-15 CITY OF ANNA, TEXAS Item No. 3 WS City Secretary's use only City Council Agenda Staff Report Date: Staff Contact: Exhibits: Yes March 24, 2015 Maurice Schwanke AGENDA SUBJECT: Briefing/Discussion regarding improvements to Natural Springs and Johnson Park. SUMMARY: Discussions for significant facilities at Natural Springs Park have occurred and monies budgeted for bathroom facilities ($48,400), a new Gazebo ($60,500), and a new trash enclosure ($8,000) at the park. The Gazebo work is currently in process. It will be constructed at a total cost of $54,879 (other small charges are anticipated). The staff has concerns about placing a restroom facility in a remote area of Anna. Recently, we have had our restroom facilities located at Johnson Park seriously vandalized. The building was locked, the locks were cut, the toilets completely broken off the floor and the sinks were broken off of the walls. The fixtures were then broken. The restroom also received substantial graffiti (some we will not show). Additionally, Slayter Creek Park restrooms are routinely damaged so that now the only time they can be open is during events. It is our plan to demolish the cinder block bathroom facility at Johnson Park. The staff is suggesting that the funding for a bathroom facility not be used but other facility improvements made at Natural Springs Park. With growth of staff in the City the Parks department office that was located at the Public Works Building has been relocated to Natural Springs Park in an older building that needs serious improvement. We also have concerns regarding the Barn facility located at Natural Springs park which has open side access that renders the building unsecureable. Additionally, if we could secure the building, remove an extra storage facility on the interior we could use the space as equipment and material storage. This building also has the potential to be used as the offices for the Park Department. An old dilapidated barn structure also exists where the Dog Park is Planned. This building also needs to be razed. As such, at the current time the staff would like to have the Council consider reallocating the funding to make the alternate improvements to the office facility and Barn facility. Additionally, we would like to demo the Johnson Park bathroom facility and the old dilapidated barn at Natural Springs Park, STAFF RECOMMENDATION: Have discussion. Bathroom at Johnson Park r 3_� Bathroom at Johnson Park Bathroom at Johnson Park hh Bathroom at Johnson Park Open Sided Barn Facility at Natural Springs Park :. oil 1� + Q --- - --SO 1 i In a Y iOR [ M x. lit P T YY a tt YS Y ; S:IS Interior Structure within Natural Springs Park Barn CITY OF ANNA, TEXAS Item No. 4 WS City Secretary's use only City COuncil Agenda Staff Report Date: Staff Contact: Exhibits: March 24, 2015 Chief Jenks None AGENDA SUBJECT: Briefing/Discussion regarding Collin County Dispatch Services. SUMMARY: On Thursday March 12, I attended a meeting called by the Collin County Sheriff's Office. This meeting was described by the Sheriff's Office "concerning future dispatch needs for the Police and Fire Departments we currently dispatch for." At this meeting, Sheriff Box announced to us that they had received a report from a consultant that had been hired to evaluate upgrades to their radio system needs thru the year 2030. He relayed to us that the consultant's reported that to continue service to those geographic areas they are currently serving would cost a large amount of money. As a result of this amount of money, everybody being served by County 911/dispatch would need to be off of his radio system by October 1, 2017. Needless to say, the representatives of the police and fire agencies were blind -sided and many were angry. After all, who is ready to spend several million dollars to build and staff a communications center, tackle the logistics of applying for and getting a Public Safety Answering Point (PSAP)? Not to mention, how does a two -person or all - volunteer public safety agency tackle this issue? After the meeting, Department heads from all over the County contacted their Commissioners, their City Managers, Mayors, etc. Apparently that had an impact, as Sheriff Box sent us updated information on 3/18/15: We have been trying to come up with some better solution to our problem and we think the very best we can offer is to continue to dispatch for all the Fire Departments because the volume is something we can handle and most are truly volunteer departments. On the Police Department side we think that two years was not long enough to give each City to decide a direction on which way to go for their dispatch needs. We have decided to extent that period to four (4) years." The Collin County Police/Fire Chiefs met on March 18 in Farmersville to discuss where to go from here. Further, we will meet with Commissioners Hill and Williams within a couple of weeks to try and persuade them that this is the wrong direction for us to go. STAFF RECOMMENDATION: Not an action item; this is a briefing. CITY OF ANNA AGENDA NOTICE —CITY COUNCIL REGULAR MEETING March 249 2015 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., March 24, 2015, at the Anna City Hall Administration Building, located at I I I North Powell Parkway (Hwy 5), to consider the following items. Welcome to the City Cozmcil Meeting. Please sign the Sign -In -Sheet as a record of attendance. If you wish to speak on an open -session agenda item please fill out the Opinion/Speaker Registration Form and turn it in to the City Secretary before the meeting starts. 1. Call to Order. 2. Invocation and Pledge of Allegiance. 3. Citizen comments. Citizens are allowed 3 minutes to speak. The Council is unable to respond to or discuss any issues that are brought up during this section that are not on the agenda, other than to make statements of specific factual information in response to a citizen's inquiry or to recite existing policy in response to the inquiry. 4. Receive reports from Staff or the City Council about items of community interest. Items of community interest include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen (but not including a change in status of a person's public office or public employment); a reminder about an upcoming event organized or sponsored by the 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. 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. 03-24-15 CC Regular Meeting Agenda.doc I Posted 03-20-15 5. Consent Items. These items consist of non -controversial or "housekeeping" items required by lain. Items may be considered individually by any Council member making such request prior to a motion and vote on the Consent Items. a. Approve City Council Minutes for February 10, 2015, February 24, 2015, and March 10, 2015. (City Council) 6. Presentation and approval of the FY 2014 City of Anna Audit. (Clayton Fulton) 7. Public Hearing: (2nd) For the City Council to hear public comment regarding the annexation of a tract of land in the Hiram Brinlee Survey, ABS 0030 generally located north of Foster Crossing Blvd. and on both sides of County Road 419 and adjacent to the city limits, containing approximately 64.1 acres of land more or less. (Maurice Schwanke) 8. (a) Public Hearing: To consider public comments on a request by Anna 190 LLC, owner of property, requesting a zoning change regarding PD-281-2006 to allow for wider but shorter lots while maintaining the same square footage on approximate 12.55 acres of land. The property is generally located east of Powell Parkway and south of County Road 367. (Maurice Schwanke) (b) Consider/Discuss/Action regarding adopting an ordinance approving the requested zoning change regarding PD-281-2006 to allow for wider but shorter lots while maintaining the same square footage on approximate 12.55 acres of land. (Maurice Schwanke) Public Hearing: To consider public comments on a request by J A Ventures LLC, owner of property, requesting a zoning change from SF-1 to (PD) Planned Development for Downtown Re -development on approximate 1.435 acres of land. The subject property is generally located west of Powell Parkway between Third (3rd) street and Second (2'td) street. The Planned Development being revised is PD-666-2014. (Maurice Schwanke) (b) Consider/Discuss/Action regarding adopting an ordinance approving the requested zoning change to (PD) Planned Development for Downtown Re- development on an approximate 1.435 acres of land. (Maurice Schwanke) 10. Consider/Discuss/Action approving a resolution regarding amending the Concept Plan for Natural Springs Park. (Maurice Schwanke) 11. Consider/Discuss/Action approving a resolution authorizing the City Manager to execute a Mutual Agreement with North Central Texas participating local governments and political subdivisions located in the State of Texas for the purpose of Public Works Mutual Aid. (Joseph Johnson) 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. 03-24-I5 CC Regular Meeting Agenda.doc 2 Posted 03-20-15 12. Consider/Discuss/Action regarding a resolution approving a Professional Services Agreement with Randall Scott Architects for architectural services. (City Manager) 13. Discussion regarding paving 4th Street. (Mayor Crist) 14. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code 1z551.071); b. discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); acquisition of right-of-way; easements; and land for municipal facilities; c. discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). Tex. Gov't Code §551.087); proposed residential and retail developments; The council fiuther reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. 15. Consider/Discuss/Action on any items listed on posted agenda for March 24, 2015 Workshop Session or any closed session occurring during this Regular Meeting, as necessary. 16. Adjourn. This is to certify that I, Natha Wilkison, City Secretary, posted this agenda at a place readily accessible to the public at the Anna City Hall and on the City Hall bulletin board at or before 5:00 p.m. March 20, 2015. 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. 03-24-15 CC Regular Meeting Agenda.doc 3 Posted 03-20-15 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 legallyjustified 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. 03-24-I5 CC Regular Meeting Agenda.doc 4 Posted 03-20-15 CITY OF ANNA, TEXAS AGENDA SUBJECT: Call to order. SUMMARY: STAFF RECOMMENDATION: Item No. I City Secretary's use only City Council Agenda Staff Report Date: Staff Contact: Exhibits: March 24I 2015 City Manager -�- CITY OF ANNA, TEXAS Item No. 2 City Secretary's use only City Council Agenda Staff Report Date: Staff Contact: Exhibits: AGENDA SUBJECT: Invocation and Pledge of Allegiance. SUMMARY: STAFF RECOMMENDATION: March 24, 2015 City Manager %� CITY OF ANNA, TEXAS AGENDA SUBJECT: Citizen comments. Item No. 3 City Secretary's use only City Council Agenda Staff Report Date: Staff Contact: Exhibits: March 24, 2015 City Manager Citizens are allowed 3 minutes to speak. The Council is unable to respond to or discuss any issues that are brought up during this section that are not on the agenda, other than to make statements of specific factual information in response to a citizen's inquiry or to recite existing policy in response to the inquiry. SUMMARY: STAFF RECOMMENDATION: i CITY OF ANNA, TEXAS Item No. 4 City Secretary's use only City Council Agenda Staff Report Date: Staff Contact: Exhibits: March 24, 2015 City Manager 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: STAFF RECOMMENDATION: CITY OF ANNA, TEXAS Item No. 5 a City Secretary's use only City Council Agenda Staff Report Date: Staff Contact: Exhibits: March 24, 2015 City Manager AGENDA SUBJECT: Consent Items. These items consists of non -controversial or "housekeeping" items required by law. Items may be considered individually by any Council Member making such request prior to motion and vote on the Consent Items. SUMMARY: a. Approve City Council Minutes for February 10, 2015, February 24, 2015, and March 10, 2015. (City Council) STAFF RECOMMENDATION: Staff recommends approval of the consent items. MINUTES OF CITY OF ANNA AGENDA NOTICE - CITY COUNCIL WORKSHOP February 10, 2015 6:30 p.m. —Anna City Hall Administration Bung The City Council of the City of Anna met in Workshop Session at 6:30 p.m., February 10, 2015 at the Anna City Hall Administration Building, located at III N. Powell Parkway (Hwy 5), regarding the following items: 1. Call to Order. Mayor Mike Crist called the meeting to order at 6:30 pm. 2. Roll Call and Establishment of Quorum. Mayor Mike Crist and Council Members Lauren Lovato, Chad Barnes, Nathan Bryan and Dick Dowd were present. Council Members James T. Cook and John Beazley were absent. 3. Briefing/Presentation regarding street names for future thoroughfares. (Maurice Schwanke) Maurice Schwanke Director of Planning and Development presented the item to council and answered questions. Council Member Bryan made the motion to enter closed session at 6:38 pm. Council Member Dowd seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 4. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code �551.071); Personnel Policy Manual b. discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); acquisition of right-of- way, easements, and land for municipal facilities; c. discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information 02-10-15 CC Workshop Meeting Minutes.doc 1 02-10-15 that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code . 551.087); proposed residential and retail developments, d. discuss or deliberate personnel matters: City Secretary update; non -advisory Boards and Commissions. (Tex. Gov't Code 55tz 1.074). 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. Council Member Bryan made the motion to return to open session. Council Member Lovato seconded the motion. Motion passes. AYE 5 ABSTAIN 0 5. Consider/Discuss/Action on any items listed on posted agenda for February 10, 2015 City of Anna City Council Regular Meeting or any Closed Session occurring during this Workshop, as necessary. Council Member Barnes made the motion to take no action. Mayor Crist seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 6. Adjourn. Council Member Dowd made the motion to adjourn at 7:29 pm. Council Member Bryan seconded the motion. Motion passes. FARMWOW AYE 5 ATTEST: NAY 0 Natha Wilkison, City Secretary APPROVED: Mike Crist, Mayor 02-10-15 CC Workshop Meeting Minutes.doc 2 02-10-IS MINUTES OF CITY OF ANNA AGENDA NOTICE —CITY COUNCIL REGULAR MEETING February 10, 2015 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., February 10, 2015, at the Anna City Hall Administration Building, located at 111 North Powell Parkway (Hwy 5), to consider the following items. Welcome to the 00) Council Meeting. Please sign the Sign4n-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 Cite Secretary before the meeting starts. 1. Call to Order. Mayor Mike Crist called the meeting to order at 7:30 pm. 2. Invocation and Pledge of Allegiance. Mayor Crist gave the invocation. 3. Citizen comments. Citizens are allowed 3 minutes to speak. The Council is unable to respond to or discuss any issues that are brought up during this section that are not on the agenda, other than to make statements of specific factual information in response to a citizen's inquiry or to recite existing policy in response to the inquiry. None 4. Receive reports from Staff or the City Council about items of community interest. Items of community interest irrclrrde: 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. February 12, 2015 Valentine's Day was mentioned. 02-]0-IS CC Regular Meeting Minutes.doc 1 02-10-15 5. Briefing from TxDOT regarding FM 455 construction schedule. (Joseph Johnson) Joseph Johnson Director of Public Works presented the item to council and introduced Barry Heard with TxDOT. Mr. Heard briefed council regarding the FM 455 construction schedule and answered questions. 6. Consent Items. These items consist of non-controversird or "housekeeping" items required by law. Items may be considered individually by any Council member making such request prior to a motion and vote on the Consent Items. a. Approve January 13, 2015 Regular City Council Minutes. b. Approve a resolution authorizing the City Manager to execute an Agreement with Valley View Consulting LLC for investment advisory services. (Clayton Fulton) c. Approve a resolution reviewing the City's Investment Policy. (Clayton Fulton) d. Approve and ordinance calling for the May 9, 2015 General Election. (City Secretary) e. Approve a resolution regarding a Facilities Use Agreement with Anna Sports Group. (Maurice Schwanke) f. Review P & Z Minutes for October 6, 2014 Regular Meeting, November 3, 2014 Minutes for Workshop Session; November 3, 2014 Minutes for Regular Meeting; December 0144 Regular Meeting minutes; and January 5, 2015 Regular Meeting Minutes. (Maurice Schwanke) g. Review Park Board Minutes for February 18, 2014 Special Meeting; April 21, 2014 Regular Meeting; July 21, 2014 Regular Meeting; August 18, 2014 Regular Meeting, and September 15, 2014 Regular Meeting. (Maurice Schwanke) Council Member Barnes made the motion to approve the consent items. Council Member Lovato seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 7. Consider/Discuss/Action adopting an ordinance amending the City's Financial Policy. (Clayton Fulton) Clayton Fulton Director of Finance presented the item to council and answered questions. Council Member Barnes made the motion to approve. Council Member Dowd seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 02-10-15 CC Regular Meeting Mimrtes.doc 2 02-10-15 8. (a) Public Hearing: For City Council to hear public comment regarding an ordinance adopting a Water Resource Emergency Management Plan. Joseph Johnson Director of Public Works presented the item to council and answered questions. Mayor Crist opened the public hearing at 7:52 pm. There was no public comment. Mayor Crist closed the public hearing at 7:52 pm. (b) Consider/Discuss/Action regarding an ordinance adopting a Water Resource Emergency Management Plan. (Joseph Johnson) Council Member Lovato made the motion to approve. Council Member Barnes seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 9. Consider/Discuss/Action regarding a resolution authorizing the submission of a TxCDBG Program application to the Texas Department of Agriculture for sewer improvements. (Joseph Johnson) Joseph Johnson Director of Public Works presented the item to council and answered questions. Council Member Barnes made the motion to approve. Council Member Lovato seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 10. Consider/Discuss/Action on a resolution committing matching funds in support of activities proposed in a Texas Community Development Block Grant Program application to the Texas Department of Agriculture for sewer improvements. (Joseph Johnson) Joseph Johnson Director of Public Works presented the item to council and answered questions. Council Member Barnes made the motion to approve. Council Member Bryan seconded the motion. Motion passes. AYE 5 ABSTAIN 0 11. Consider/Discuss/Action regarding a resolution approving a land purchase and sale agreement with the Luscombe Family Trust. (Maurice Schwanke) Maurice Schwanke Director of Planning and Development presented the item to council and answered questions. Council Member Lovato made the motion to approve. Council Member Barnes seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 02-10-15 CC Regular Meeting Minutes.doc 3 02-10-IS 12. Public Hearing: For City Council to hear public comment regarding the proposed rezoning of The Villages of Hurricane Creels from "PD" — single family residential to "PD"— single family residential. (Maurice Schwanke) Maurice Schwanke Director of Planning and Development presented the item to council. Mayor Crist opened the public hearing at 8o03 pm. There was no public comment. The public hearing is continued to February 24, 2015 at 7:30 pm. 13. Public Hearing: For City Council to hear public comment regarding the creation of a Public Improvement District for The Villages of Hurricane Creels. (City Manager) Philip Sanders City Manager presented the item to council. Mayor Crist opened the public hearing at 8:04 pm. There was no public comment. The public hearing is continued to February 24, 2015 at 7:30 pm. 14. Consider/Discuss/Action regarding a resolution authorizing the sale of a fire rescue vehicle. (Chief Gothard) Fire Chief Tim Gothard presented the item to council and answered questions. Council Member Baines made the motion to approve. Council Member Bryan seconded the motion. Motion passes. NAY 0 ABSTAIN 0 15. Briefing/Discussion regarding submission of a police grant application. (Chief Jenks) Police Chief Kenny Jenks presented the item to council and answered questions. 16. Discussion regarding possible ordinance regulating the purchase and possession of electronic cigarettes by minors. (City Council) Philip Sanders City Manager presented the item to council. After some discussion it was decided to redraft a sample ordinance and bring back for discussion. Council Member Bryan made the motion to enter closed session at 8:35 pm. Council Member Dowd seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 17. 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. 02-10-15 CC Regular Meeting Mimrtes.doc 4 02-]0-15 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 4551.071)o personnel policy manuals b. discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); acquisition of right-of- way; easements; and land for municipal facilities; c. discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code 55� 1.087); proposed residential and retail developments; d. discuss or deliberate personnel matters: City Secretary Update; non -advisory Boards and Commissions. (Tex. Gov't Code 551.074). The council further reserves the right to enter iuto executive session at any time throughout any only noticed meeting under any applicable exception to the Open Meetings Act. Mayor Crist made the motion to return to open session at 952 pm. Council Member Lovato seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 18. Consider/Discuss/Action on any items listed on posted agenda for February 10, 2015 Workshop Session or any closed session occurring during this Regular Meeting, as necessary. Council Member Bryan made the motion to take no action. Council Member Barnes seconded the motion. Motion passes. NAY 0 19. Adjourn. ABSTAIN 0 Council Member Barnes made the motion to adjourn at 9:53 pm. Council Member Bryan seconded the motion. Motion passes. AYE 5 02-10-15 CC Regular Meeting Minutes.doc 5 02-]0-15 ATTEST: Natha Willciowil City Secretary Milce Crist, Mayor 02-10-15 CC Regular Meeting Minutes.doc 6 02-10-15 I►� LILL 11 CITY OF ANNA AGENDA NOTICE - CITY COUNCIL WORKSHOP February 24, 2015 6:30 p.m. —Anna City Hall Administration Bung The City Council of the City of Anna met in Workshop Session at 6:30 p.m., February 24, 2015 at the Anna City Hall Administration Building, located at 111 N. Powell Parkway (Hwy 5), regarding the following items: L Call to Order. Mayor Mike Crist called the meeting to order at 6:30 pm. 2. Roll Call and Establishment of Quorum. Mayor Mike Crist and Council Members James T. Coolc, Chad Barnes, Nathan Bryan and Dick Dowd were present. Council Members Lauren Lovato and John Beazley were absent. Council Member Bryan made the motion to enter closed session at 6:32 pm. Council Member Barnes seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 3. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions.0 a. consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code 551.071); b. discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); acquisition of right-of- way, easements, and land for municipal facilities; c. discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business 02-24-15 CC Workshop MeetingMinutes.doc 1 02-24-15 prospect described by subdivision (1). (Tex. Gov't Code 2551.087); proposed residential and retail developments; d. discuss or deliberate personnel matters: City Secretary Update; 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. Council Member Bryan made the motion to return to open session at 7:29 pm. Council Member Barnes seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 4. Consider/Discuss/Action on any items listed on posted agenda for February 24, 2015 City of Anna City Council Regular Meeting or any Closed Session occurring during this Workshop, as necessary. Council Member Bryan made the motion to take no action. Council Member Dowd seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 5. Adjourn. Council Member Bryan made the motion to adjourn at 7:30 pm. Council Member Dowd seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 ATTEST: APPROVED: Natha Willcison, City Secretary Mike Crist, Mayor 02-24-15 CC Workshop Meeting Minutes.doc 2 02-24-15 MINUTES OF CITY OF ANNA AGENDA NOTICE —CITY COUNCIL REGULAR MEETING February 24, 2015 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., February 24, 2015, at the Anna City Hall Administration Building, located at III North Powell Parkway (Hwy 5), to consider the following items. Welcome to the City Council Meeting. Please sign the Sign -In -Sheet as a record of attendance. If you ivish 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 rrreeting starts. 1. Call to Order. Mayor Mike Crust called the meeting to order at 7:30 pm. 2. Invocation and Pledge of Allegiance. Mayor Mike Crust gave the invocation. 3. Citizen comments. Citizens are allowed 3 minutes to speak. The Council is unable to respond to or discuss any issues that are brought tip 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 include: expressions of thanks, congratulations, or condolence; information regarding holiday schedurles; 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 thread to the public health and safety of people in the municipality that has arisen after the posting of the agenda. 02-24-15 CC Regular Meeting Minutes.doc 1 02-24-15 5. Consent Items. These items consist of non -controversial or "housekeeping" items required by Iam Items may be considered individually by any Council member making such request prior to a motion and vote on the Consent Items. a. Review Quarterly Investment Report. (Clayton Fulton) b. Approve January 27, 2015 City Council Town Hall and Regular Meeting Minutes. c. Approve January 30, 2015 City Council Strategic Planning Workshop Meeting Minutes. Council Member Barnes made the motion to approve. Council Member Bryan seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 6. Consider/Discuss/Action regarding a resolution approving an Agreement with the Texas Department of Transportation for Construction Maintenance, and Operation of Safety Lighting. (Joseph Johnson) Joseph Johnson Director of Public Works presented the item to council and answered questions. Council Member Bryan made the motion to approve. Council Member Dowd seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 7. Consider/Discuss/Action regarding a Resolution authorizing the City Manager to execute a purchase order for repairs to well #3 at the West Crossing Pump Station. (Joseph Johnson) Joseph Johnson Director of Public Works presented the item to council and answered questions. Council Member Barnes made the motion to approve. Council Member Bryan seconded the motion. Motion passes. AYE 5 ABSTAIN 0 8. (a) Public Hearing: To consider public comments on a request by Anna Town Center No 5/HSLT LTD, owner of property, requesting a zoning change from C4 to Planned Development (PD) Single Family Zoning (SF-60) on an approximate 3.191 acres of land. The subject property is located east of future Leonard Drive and south of future Finley Blvd, generally, east of South Powell Parkway and south of east White Street. (Maurice Schwanke) Maurice Schwanke Director of Planning and Development presented the item to council and answered questions. Mayor Crist opened the public hearing at 7:43 pm. John Arnold with Skorburg Co. spoke regarding the zoning change. Mayor Crist closed the public hearing at 7:46 pm. 02-24-15 CC Regular Meeting Minutes.doc 2 02-24-15 (b) Consider/Discuss/Act zoning change from C-1 Zoning (SF-60) on an Schwanke) on recommendation regarding the requested to Planned Development (PD) Single Family approximate 3.191 acres of land. (Maurice Council Member Cools made the motion to approve. Council Member Bryan seconded the motion. Motion passes. AYE 5 NAY 0 9. Consider/Discuss/Action regarding a resolution approving a Subdivision Improvement Agreement for Anna Crossing, Phase 1. (City Manager) Philip Sanders City Manager presented the item to council and answered questions. Council Member Barnes made the motion to approve. Council Member Bryan seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 10. Consider/Discuss/Action regarding a �•esolution approving a Subdivision Improvement Agreement for the Villages of Hurricane Creels. (City Manager) Philip Sanders City Manager presented the item to council and answered questions. Council Member Bryan made the motion to approve. Council Member Dowd seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 11. (a) Public Hearing: For City Council to heap• public comment regarding the creation of a Public Improvement District foi The Villages of Hurricane Creek. (City Attorney) Clark McCoy City Attorney presented the item to council and answered questions. Mayor Crist opened the public hearing at 7:58 pm. There was no public comment. Mayor Crist closed the public hearing at 7:58 pm. (b) Consider/Discuss/Action regarding a resolution approving the creation of a Public Improvement District for The Villages of Hurricane Creels. (City Attorney) Council Member Bryan made the motion to approve. Mayor Crist seconded the motion. Motion passes. NAY 0 ' ► 1 02-24-15 CC Regular Meeting Minutes.doc 3 02-24-15 12. Public Hearing: For City Council to hear public comment regarding the proposed rezoning of The Villages of Hurricane Creels from "PD" — single family residential to "PD"— single family residential. (Maurice Schwanke) Maurice SchWall ke Director of Planning and Development presented the item to council and answered questions. Mayor Crist opened the public hearing at 8:02 pm. Shawn Terry spoke regarding the proposed rezoning. This public hearing is held open and will be continued on March 10, 2015 at 7:30 pm. 13. Consider/Discuss/Action regarding a resolution authorizing the City Manager to negotiate an agreement for pre -design architectural services for city facilities. (City Manager) Philip Sanders City Manager presented the item to council and answered questions. Council Member Barnes made the motion to approve. Mayor Crist seconded the motion. Motion passes. ►: 1 14. Briefing/Discussion regarding Fire department grant proposal. (Chief Gothard) Fire Chief Gothard presented the item to council and answered questions. Council did not enter closed session. 15. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. consult with legal counsel regarding pending or contemplated gation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code 551.071); b. discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); acquisition of right-of- way; easements; and land for municipal facilities; c. discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To 02-24-15 CC Regular Meeting Mirnrtes.doc 4 02-24-15 deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code 55� 1.087); proposed residential and retail developments; d. discuss or deliberate personnel matters. City Secreta>y Update; (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. 16. Consider/Discuss/Action on any items listed on posted agenda for February 24, 2015 Workshop Session or any closed session occurring during this Regular Meeting, as necessary. Council Member Bryan made the motion to take no action. Council Member Dowd seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 17. Adjourn. Council Member Bryan made the motion to adjourn at 8:17 pm. Council Member Dowd seconded the motion. Motion passes. Aye ATTEST: 5 Natha Wilkison, City Secretary ABSTAIN 0 APPROVED: Mike Crist, Mayor 02-24-15 CC Regular Meeting Minutes.doc 5 02-24-IS MINUTES OF CITY OF ANNA AGENDA NOTICE - CITY COUNCIL WORKSHOP March 109 2015 6:30 p.m. —Anna City Hall Administration Building The City Council of the City of Anna met in Workshop Session at 6:30 p.m., March 10, 2015 at the Anna City Hall Administration Building, located at I I I N. Powell Parkway (Hwy 5), regarding the following items: 1. Call to Order. Mayor Mike Crist called the meeting to order at 6:30 pm. 2. Roll Call and Establishment of Quorum. Mayor Mike Crist and Council Members Lauren Lovato, Chad Barnes, Dick Dowd were present. Council Members James T. Cook, John Beazley and Nathan Bryan were absent. 3. Br•iefing/Discussiorr regarding the FY 2015-2016 Budget Calendar. (Clayton Fulton) Clayron Fulton Director of Finance presented the proposed FY 2015-2016 Budget Calendar and answered questions. 4. Briefing/Discussion regarding NTMWD/GTUA water restrictions. (City Manager) Philip Sanders City Manager presented the item to council and answered questions. Council Member Barnes made the motion to enter closed session at 6:40 pm. Council Member Dowd seconded the motion. Motion passes. AYE 4 NAY 0 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 55� 1.071); 03-10-IS CC Workshop MeetingMi��utes.doc I 03-10-IS b. discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); acquisition of right-of- way, easements, and land for municipal facilities; c. discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code 55§ 1.087); proposed residential and retail developments; d. discuss or deliberate personnel matters: City Secretary Update; Public Works Superintendent (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. Mayor Crist made the motion to return to open session at 7:28 pm. Council Member Barnes seconded the motion. Motion passes. AYE 4 NAY 0 ABSTAIN 0 6. Consider/Discuss/Action on any items listed on posted agenda for March 10, 2015 City of Anna City Council Regular Meeting or any Closed Session occurring during this Workshop, as necessary. Council Member Barnes made the motion to take no action. Council Member Dowd seconded the motion. Motion passes. AYE 4 NAY 0 ABSTAIN 0 7. Adjourn. Council Member Barnes made the motion to adjourn at 7:29 pm. Mayor Crist seconded the motion. Motion passes. AYE 4 NAY 0 ABSTAIN 0 ATTEST: APPROVED: Natha Wilkison, City Secretary Milce Crist, Mayor 03-10-IS CC Workshop Meeting Minutes.doc 2 03-10-15 MINUTES OF CITY OF ANNA AGENDA NOTICE —CITY COUNCIL REGULAR MEETING March 10, 2015 7:30 p.m. — Anna City Hall Administration Building The City Council of the City of Anna met in Regular Session at 7:30 p.m., March 10, 2015, at the Anna City Hall Administration Building, located at 111 North Powell Parkway (Hwy 5), to consider the following items. Welcome to the City Cozmcil Meeting. Please sign the Sign -In -Sheet as a recor•d of attendance. If you tivish to speak on an open -session agenda item please fill out the Opinion/Speaker Registration For•rrr and turn it in to the City Secretary before the meeting starts. 1. Call to Order. Mayor Milce Crist called the meeting to order at 7:30 pm. 2. Invocation and Pledge of Allegiance. Mayor Milce Crist gave the invocation. 3. Citizen comments. Citizens are allowed 3 minutes to speak. The Council is unable to respond to or discuss any issues that are brought up during this section that are not on the agenda, other than to make statements of specific factual information in response to a citizen's inquiry or to recite existing policy in response to the inquiry. No citizen comments. 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 all 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 03-10-I S CC Regular Meeting Minutes.doc 1 03-] 0-15 5. Consent Items. These items consist of non -controversial or "housekeeping" items required by lain. Items may be considered individually by any Council member making such request prior to a motion and vote on the Consent Items. a. Approve a resolution approving the "Matthew Jackman" site all and landscape plan. (Maurice Schwanke) b. Approve a resolution approving the Anna Crossing, Phase 4 preliminary plat. (Maurice Schwanke) c. Approve a resolution approving the Anna Town Square preliminary plat. (Maurice Schwanke) Council Member Barnes made the motion to approve. Council Member Lovato seconded the motion. Motion passes. AYE 4 NAY 0 ABSTAIN 0 6. Public Hearing: (lsr) For the City Council to hear public comment regarding the annexation of a tract of land in the Hiram Brinlee Survey, ABS 0030 generally located north of Foster Crossing Blvd. and on both sides of County Road 419 and adjacent to the city limits, containing approximately 64.1 acres of land more or less. (Maurice Schwanke) Maurice Schwanke director of Planning and Development presented the item to council and answered questions. Mayor Crist opened the public hearing at 7*35 pm. There was no public comments. Mayor Crist closed the public hearing at 7:36 pm. 7. Public Hearing: For City Council to hear public comment regarding the proposed rezoning of The Villages of Hurricane Creek from "PD" — single family residential to "PD"— single family residential. (Maurice Schwanke) Maurice Schwanke Director of Planning and Development presented the item to council and answered questions. Mayor Crist opened the public hearing at 7:37 pm. There was no public comment. The public hearing was held open and will be continued until April 28th at 7:30 pm. 8. Consider/Discuss/Action regarding a Resolution approving an Amended Subdivision Improvement Agreement with the Owners of an approximate 634 acre tract of land located in the Grandison Stark Survey, Abstract No. 798. (City Manager) This item was not ready. Mayor Crist skipped the item. 9. Consider/Discuss/Action regarding a resolution approving an engineering service task order for Water Disinfection System Upgrades. (Joseph Johnson) 03-]0-15 CC Regular Meeting Minutes.doc 2 03-10-15 Joseph Johnson Director of Public Works presented the item to council and answered questions. Council Member Barnes made the motion to approve. Council Member Lovato seconded the motion. Motion passes. AYE 4 NAY 0 ABSTAIN 0 Mayor Crist made the motion to enter into closed session at 7:41 pm. Council Member Dowd seconded the motion. Motion passes. AYE 4 NAY 0 10. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions.0 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 5� 51.071); b. discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); acquisition of right-of- way; easements; and land for municipal facilities; c. discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code 551.087); proposed residential and retail developments; d. discuss or deliberate personnel matters: City Secretary Update; Public Works Superintendent (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. Mayor Crist made the motion to return to open session at 8:46 pm. Council Member Barnes seconded the motion. Motion passes. AYE 4 NAY 0 ABSTAIN 0 03-10-15 CC Regular Meeting Minutes.doc 3 03-10-IS 11. Consider/Discuss/Action on any items listed on posted agenda for March 10, 2015 Workshop Session or any closed session occurring during this Regular Meeting, as necessary. Council Member Dowd made the motion to take no action. Council Member Barnes seconded the motion. Motion passes. AYE 4 NAY 0 ABSTAIN 0 12. Adjourn. Council Member Dowd made the motion to adjourn at 8:47 pm. Council Member Barnes seconded the motion. Motion passes. AYE 4 ATTEST: NAY 0 Natha Wilkison, City Secretary ABSTAIN 0 APPROVED: Mike Crist, Mayor 03-10-15 CC Regular Meeting Minutes.doc 4 03-10-15 CITY OF ANNA,TEXAS Item No. 6 City Secretary's use only City Council Agenda Staff Report Date: March 24, 2015 Staff Contact: Clayton Fulton Exhibits: Audit AGENDA SUBJECT: Presentation and approval of the Fiscal Year 2014 City of Anna Audit SUMMARY: LaFollett & Abbott PLLC preformed an audit of the City's FY 14 finances. Rod Abbott of the firm will present the FY 2014 Audit and will be available to answer questions. The auditors have presented an Unmodified Audit Opinion (Clean Opinion) of the City's financial statements. This means the audit is a clean representation of the City's financial position as illustrated by the audit. As part of the audit's testing and review process the auditor's review staff's performance in managing the City's finances. During the FY 13 audit 2 new recommendations and had 1 recurring recommendation was made. One recommendation from FY 13 included correcting a material weakness in the finance department's year-end reconciliation and audit preparation process. This was due in large part to the number and scope of new capital projects. The finance staff took this weakness seriously and implemented a more aggressive review of our capital projects to ensure we corrected and did not repeat the weakness. Finance staff is pleases to report that the FY 14 audit has no new recommendations and including no findings of material weakness or significant deficiency in internal control. Recommendations from FY 13 to integrate EDC and CDC finances into the City's financial software and to deposit new debt proceeds into the appropriate fund are considered resolved. The audit does include a recurring recommendation regarding year-end reconciliation and closing procedures. This is where the material weakness was identified in FY 13. Again, we are pleased to report no weakness or deficiency was identified. Staff fully expects to clear up this recurring recommendation during FY 15 audit. STAFF RECOMMENDATION: Staff recommends that the City Council approve the FY 2014 Audit CITY OF ANNA, TEXAS ANNUAL FINANCIAL REPORT FOR THE YEAR ENDED SEPTEMBER 30, 201� CITY OF ANNA, TEXAS ANNUAL FINANCIAL REPORT FOR THE YEAR ENDED SEPTEMBER 30, 2014 Table of Contents FINANCIAL SECTION Independent Auditor's fee .............................................................. 1-2 Required Sup 1p ementary lnfarmation: Management's Discussion and Analysis .............................................. 3-8 Basic Financial Statements Government -wide Financial Statements Statement of Net Position.......................................................... 9-10 Statement of Activities...... ... k6asks as* Ott 094*9VVVVq ev 0 0 * 004 Orwell wage 064 $as 1 i Fund Financial Statements Reconciliation of the Governmental Fund Balance Sheet to the Statement ofNet Position..................................................................... 13 Statement of Revenues, Expenditures, and Changes in Fund Balances — Governmental Funds... ... I to Ott Val &a We 0 www%*VM "a Vwma 460 604 **4 a 6 a 14 Reconciliation of the Governmental Funds Statement of Revenues, Expenditures, and Changes in Fund Balances to the Statement of Activities 15 Statement of Net Position — Proprietary Fund...... . to *** *64 *to t194 a I Val so 09 16 Statement of Revenues, Expenses and Changes in Net Position — Proprietary Fund. . I a 6 a 9 4 0 0 0 0 0 a 4 1 1 0 a I 1 0 a a # q 0 0 % a 0 4 V 4 0 a 0 4 9 a a a a a I a 0 T 0 a a W A a W W 0 a 4 0 A 0 6 4 N 0 A 17 Statement of Cash Flows —Proprietary Fund............ 18 Notes to Basic Financial Statements, a a 1 0 a W 91 9 0 W 1 0 a"% W a a a a a a a W 0 & 4 a a & a 4 & a 0 a a a * a 0 a a 6 19-36 Required Supplementary Information: Budgetazy Comparison Schedule —General Fund .................................. 37 Combining Statements Non -Major Governmental Non -Major Governmental Type Funds — Combini Nng Statement of Revenues, COMPLIANCE AND INTERNAL CONTROLS SECTION Independent Auditor's Reporton Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed m Accordance with Gover nmen, AatdiOng Sta17 ds............... 41-42 Susan LaFoilett, CPA— Partner Rod Abbott, CPA— Partner and Abbott PLLC Certifled Public Accountants INDEPENDENT AUDITOR'S REPORT To the City Council of the City of Anna, Texas Report on the Financial Statements We have audited the accompanying financial statements of the governmental activities, the business -type activity, each major fund, and the aggregate remaining fund information of the City of Anna, Texas (the City), as of and for the year ended September 30, 2014, and the related notes to the financial statements, which collectively comprise the City's basic financial statements as listed in the table of contents. Martagernerrt's Responsibility for the F•irrartcial Stttterttertts Management is responsible for the preparation and fair presentation of these financial statements in accordance with accounting principles generally accepted in the United States of America; this includes the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error. Auditor's Responsibility Our responsibility is to express opinions on these financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free from material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend an the auditor's judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. h making those risk assessments, the auditor considers internal control relevant to the entity's preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the City's internal control. Accordingly, we express no such opinion. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinions. 1 LaFollett and Abbott PLLC PO Box 717 •Tom Bean, TX • 75489 903-546-6975 www.lafollettcpa.com Opinions In our opinion, the financial statements referred to above present fairly, in all material respects, the respective financial position of the governmental activities, business -type activity, each major fund, and the aggregate remaining fund information of the City of Anna, Texas, as of September 30, 2014, and the respective changes in financial position, for the year then ended in accordance with accounting principles generally accepted in the United States of America. Outer Matters Required Supplementary Information Accounting principles generally accepted in the United States of America require that the management's discussion and analysis and budgetary comparison information on pages 3 through 8 and 37 be presented to supplement the basic financial statements. Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board, who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. The retirement system funding information on page 38 is also not a required part of the basic financial statements but is supplementary information required by accounting principles generally accepted in the United States of America. We have applied certain limited procedures to the required supplementary information in accordance with auditing standards generally accepted in the United States of America, which consisted of inquiries of management about the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We do not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. Other Reporting Required by GoverrtmerttArtditirtg Standards In accordance with Government Auditing Standards, we have also issued our report dated March 24, 2015, on our consideration of the City's internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters. The purpose of that report is to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the City of Anna, Texas internal control over financial reporting and compliance. Tom an Texas March 24, 2015 2 CITY OF ANNA MANAGEMENT'S DISCUSSION AND ANALYSIS fur discussion and analysis of City of Anna's (the City) financial performance provides an overview of the City's fmancial activities for the fiscal year ended September 30, 2014. Please read it in conjunction with the City's financial statements, which begin an page 9. • The assets of the City exceeded its liabilities at the close of FY14 by $35,438,779. This is an increase of $1,786,067 over FYl3's net position value of $33,652,712. Unrestricted net position at the close of FY14 is $2,915,599 and may be used to meet the City's ongoing obligations to citizens and creditors. This is a decrease of $982,925 from FY13's unrestricted net asset value of $3,898,524. The decrease is in the Utility Fund and relates to increased balances restricted for capital improvements. + Although the City's total net position increase of $1,786,067 is much lower than FY13's $3,394,927 increase, FY13 had very high, non-rccurring capital contributions totaling $3,150,545. Such capital contributions were much lower for FY14 at $1,269,337. • The City's governmental funds reported on page 12 have an ending fund balance of $3,586,482, which is an increase of $302,151 in comparison with FY13 ending fund balances of $3,284,331. This increase was mostly attributable to favorable results for the City's General Fund. $1,979,756 of the governmental -type fund balance is classified as "unassigned" and available for spending at the City's discretion and in compliance with the City's financial policies. USING THIS ANNUAL REPORT This annual report consists of a series of financial statements. The government -wide fmancial statements include the Statement of Net Position and the Statement of Activities (on pages 9-11). These provide information about the activities of the City as a whole and present a long-term view of the City's financial condition. They reflect the flow of total economic resources in a manner similar to the financial reports of a business enterprise. Fund fmancial statements (starting on page 12) report the City's operations in more de#ail than the government - wide statements by providing information about the City's most significanfi funds. Governmental fund statements tell how services were financed in short-term, as well as what resources remain for future spending. They reflect the flow of current financial resources, and supply the basis for funding requests and the appropriations from the State. Proprietary fund financial statements report activity for the City's water, sewer, and sanitation operations. The notes to the financial statements (starting on page 19) provide narrative explanations or additional data needed for full disclosures for the gavernnaent-wide statements and the fund financial statements. Reporting the City as a Whole —Government-Wide Financial Statements The Statement of Net Position and the Statement of Activities Government -wide financial statements, which provide an analysis of the City's overall fmancial condition and operation, begin on page 9. The primary objective of these statements is to show whether the City's fmancial condition has improved or deteriorated as a result of the year's activities. The statement of Net Position includes all the City's assets and liabilities (including long-term items) while the Statement of Activities includes alI the revenue and expenses generated by the City's operations during the year. Government -wide statements utilize the accrual basis of accounting, which is the same method used by most private sector companies. 3 All of the current year's revenue and expenses are taken into account regardless of when cash is received or paid. The City's revenue is divided into the following categories: 1) charges for services, 2) operating grants and contributions, 3) capital grants and contributions, 4) general revenues not associated with any specific program function. All of the City's assets are reported whether they serve the current or future years. Liabilities are also reported regardless of whether they must be paid in the current or future years. These two statements report the City's net position and changes in them. The City's net position (the difference between assets and liabilities) provide one measure of the City's financial health or financial position. Over time, increases or decreases in the City's net position are one indicator of whether its financial health is improving or deteriorating. To fully assess the overall health of the City, you should consider non -financial factors as well, such as changes in the City's request for services from citizens and the condition of the City's facilities. In the Statement of Net position and the Statement of Activities, the City has two kinds of activities: Governmental Type Activities —City services such as police and frre protection, street maintenance, parks, economic and community development, and city administration are reported here. City property taxes finance most of these activities. Business -Type Activities -The City uses proprietary (business -type) funds to account for its water, sewer, and sanitation operations. The services are supported by monthly charges to citizens. Reporiin� tlae City's Most Significant Funds Fund Financial Statements The fund financial statements begin on page 12 and provide detailed information about the most significant funds. The City's two kinds of funds -governmental and proprietary — use different accounting approaches. Governmental Funds —The City reports most of its basic services in governmental funds. Governmental fiznds use the modified accrual basis of accounting (a method that measures the receipt and disbursement of cash and other financial assets that can be readily converted to cash) and they report balances that are available for future spending. Governmental fund statements provide a detailed short-term view of the City's general operations and the basic services it provides. We describe the accounting differences between governmental activities (reported in the Statement of Net position and the Statement of Activities) and governmental funds in reconciliation schedules found on pages 13 and 15. Proprietary Funds The City uses proprietary (business -type) funds to account for its water, sewer, and sanitation operations. The full -accrual basis of accounting is used fox all proprietary type funds. GOVEPNMENT-WIDE FINANCIAL ANALYSIS Fifty-five percent (55%) of the City's net position are invested in capital assets; land, streets, parks, buildings, water/sewer infrastructure, vehicles and equipment, less any outstanding debt used to acquire these assets. The City uses capital assets to provide services to the citizens they serve; consequently, these assets are not available for future spending. 4 The following tables summarize the Statements of Net Position and Changes in Net Position for the years ended September 30, 2014 and 2013: Governmental Activities Business -type Activities Total Current and other assets Capital assets Total assets Lon; -term liabilities outstanding Other liabilities Total liabilities Net Position: Net investment in capital assets Restricted Unrestricted Total net position FY14 FY13 $ 4,114,822 181787,557 22,902,379 6,438,271 461,859 6,900,130 12,463,939 I,265,"a99 2,272,911 $ 16,002,249 Revenues; Program Revenues: Charges for services Operating grants and contributions Capital grants and contributions General Revenues: Property taxes Other taxes and franchise fees Other Expenses: General government Economic/Community Development Police and court Streets Debt service - interest Development and animal control Parks Fire Ambulance Water/Sewer/Sanitation Excess (deficiency) of revenues over expenditures before transfers Trans€ers In (Out) Increase in net position Net position - October 1 (beginning) Prior period adjustments Net position - September 30 (ending) $ 4,414,710 18,465,950 22,880,666 618541813 915,924 7,77Q737 11,698,639 983,464 2,427,826 $ 151109,929 Governmental Activities FY14 FY13 FY14 FY13 $ 14,206,765 $ 111493,608 33,815,299 32,164,793 48,0224064 43,658,401 2616531867 2219351997 1,931,667 1,664,073 281585,534 24,600,070 7,161,432 11,632,410 642,688 $ 19,436,530 9,228,796 S,35S,837 11470,698 $ 1910581331 Business -type Activities FY14 FY13 FY14 $ 18,321,587 52,602,856 701924,443 33,092,138 21393,526 35,485,664 19,625,371 121897,809 2,915,599 $ 351438,779 FY13 $ 151908,324 50,630,743 66,539,067 291790,810 21579,997 32,370,807 20,927,435 9,342,301 3,898,524 Total FY14 FY13 S 1,057,939 S 1,147,988 $ 5,980,176 S 5,573,401 S 7,038,I15 S 6,721,389 115525 10,531 - - 11,525 10,531 783,182 21665,841 486,155 484,704 1,269,337 311501545 2,807,140 2,4$3,857 - - 2,807,140 15767,071 11502,779 - 1,767,071 174,851 78,655 73145 i 190,763 2481302 6,601,708 71889,651 61539,782 6?48,868 13,141,490 963,243 400,49b 1,447,695 954,932 258,663 619,465 432,13 3 701,282 123,683 885,833 - I965384 1,526,399 9401941 - 270,057 - 560,983 - 303,607 641,670 - 110,446 - 5,453,831 5,901,592 5,436,320 5,453,831 700,116 2,453,331 11085,951 279,707 (1,489,156} (279,707) 979,823 964,175 806,244 15,109,929 14,145,754 19,058,331 (87,503) - (4284045) $ I6,00? 249 S I51109,929 S 19,436,530 - 963,243 400,496 1,447,695 954,932 258,663 619,465 432,133 701,282 123 16 833 5,307,272 5,453,831 5,3071272 11/3551423 9415596 11786,067 1,489,156 - �,430,752 1,786,067 16,627,579 34,1681260 (515,548) $ 1910581331 S 35,438,779 �,483,857 1,502,779 2691418 141138,519 885,833 196,384 1,526,399 940,941 270,057 560,983 303,607 641,670 110,446 5,307,272 10,743,592 3,394,927 3,394,927 3Q,773,333 $ 34,168,260 5 FINANCIAL ANALYSIS OF THE GOVERNivmiN t-WIDE STATEMENTS Net position of the City's governmental activities increased from $15,022,426 to $16,002,249. Unrestricted net position — the part of net position that can be used to finance day4o-day operations without constraints established by debt covenants, enabling legislation, or other legal requirements is $2,272,911 for governmental activities. FINANCIAL ANALYSIS OF THE CITX'S FUNDS The City's governmental funds (as presented in the balance sheet on page 12) reported a combined fund balance of $3,586,482 compared to $3,284,331 in FY13. This represents an increase of $302,151. The General Fund, Economic Development Corporation, and Community Development Corporation all experienced increases in fund balance for FY14. Revenues and other financing sources for the City's General Fund were $4,716,224, while total expenses and other financing uses were $4,286,252. This resulted in an excess of revenues over expenditures of $429,972 (see page 14). Last year's result was an excess of expenditures over revenues of $25,506. The largest increases in FY14 General Fund revenues came from property taxes, sales taxes, and franchise fees. Overall General Fund expenditures decreased $34,734 when compared to FY13. The largest decrease in FY14 General Fund expenditures were related to capital outlays. General Fund expenditures were $257,2491ess than budgeted, while General Fund revenues also experienced a favorable budget variance totaling $121,416, Revenues for the City's Utility Fund were $6,Q53,627, while total expenses were $5,453,831. This resulted in income before transfers of $599,796 (see page 17). This is better than 2013's result of income before contributions and transfers of $456,892. One reason for the improvement was a $135,808 increase in developer and impact fees. Sewer and sanitation charges for services also increased approximately 8%. The FY14 unrestricted net position is $642,688. Excluding depreciation expense, this unrestricted net position is equal to approximately 2.25 months of the Utility Fund's 2014 operating expenses. CAPITAL ASSET AND DEBT ADIVVIINNISTRATION Cnnital Assets The City's investment in capital assets for all activities as of September 30, 2014 amounts to $52,602,856 compared to $50,630,743 (net of accumulated depreciation) at September 30, 2013. This investment in capital assets includes land, buildings and improvements, street improvements, parks, water and sewer systems, equipment and vehicles. The net increase in the City's investment in capital assets for the current fiscal year was $1,972,113. Some of the major capital asset expenditures during 2014 related to $2.1M of additions to construction in progress for ongoing water and sewer system improvements, and street capital contributions. At year-end, the City had total notes, capital leases, bonds and contractual obligations outstanding of $32,977,485. The City had one new $4,180,000 debt issuance during 2014. The Utility Fund's new Series 2014 Combination Tax and Revenue Certificates of Obligation were issued to finance water and sewer system improvements. The City made all required bond, capital lease, note, and contractual obligation principal payments for 2014 which totaled $951,912. At the end of FY14, the City's total long-term commitments for governmental activities were $6,438,271 and total long-term commitments for the Utility Fund are $26,653,867. Total long-term commitments for the City increased by $3,301,328 -from 20I3 to 2014. ECONONIIC FACTORS AND NEXT YEAR'S BUDGETS AND RATES From 2008 to 2011, the taxable value of existing properties in Anna declined an average of 3% per year. The value of existing properties stabilized in 2013 and eclipsed, for the first time, the peak value from 2008. In 2014, the taxable value of existing property increased just over 10%, and over $37,000,000 in new construction was added to the tax roll. We remain cautiously optimistic that we will continue to see modest appreciation in the value of existing properties and that additional value will be. added to the tax roll as a result of new construction. This growth in taxable value corresponds to a signcant increase in residential growth and population aver the past 36 months. According to the most recent population estimates published by the North Central Texas Council of Governments, the City of Anna population as of January 1, 2014 was 10,350. In 2014, the City issued 295 single family building permits which equates to approximately 1,000 new city residents. Through mid -March of 2015, the City has received 69 single family building permit applications. The City forecasted a slight drop in single family building permits for the FY 15 budget knowing the inventory of available lots was decreasing. The City has seen an increase in new residential developments and the pace for new single family permits is down only slightly from the previous year. With new developments taking shape over the next 642 months, we anticipate that growth in single family building permits will continue at a similar pace. Of course, with the growth in population comes a proportional increase in demand for municipal services that are funded primarily by property taxes. In order to fund the FY 2015 budget, the City adopted a tax rate of $0.649 per $100 valuation, which is a decrease from the tax rate adopted in FY 2014. When compared with other cities in our area, the City of Anna still has one of lowest per -capita property tax burdens. In order to accommodate existing and projected growth, the City invested approximately $20 million over the last decade to upgrade the water and sewer system. Up until five years ago, the City was able to pay about two- thirds of the outstanding water and sewer debt with impact fees that are paid by a home builder when a new home is constructed. As residential construction declined, the resulting revenue from impact fees fell dramatically. As a result, utility rates were increased in October 2009 to generate the revenue necessary to cover the operating costs and debt service obligations of our Utility Fund. On October 1, 2011, the base rate for residential water customers increased from $18 to $22 per month and the base rate for residential sewer customers increased from $18 to $22 per month. On January 1, 2012, an additional customer charge of $0.15 per 1000 gallons of water used was adopted to pay for the water production fees now being charged by the Zn North Texas Groundwater Conservation District. While no additional rate increases occurred in FY 2013, the FY 2014 budget included a modest 4% increase to the base and volumetric water and sewer rates in order to ensure that our utility rates will continue to support our Utility Fund operating costs and debt obligations. This adjustment resulted in an estimated increase to the average monthly utility bill (combined water and sewer) of $3.68. While water and sewer rates were unchanged in FY 15 the City will continue to review its rate structure to determine what, if any, adjustments to the rate structure might be warranted in the coming fiscal year. This evaluation is necessary to ensure that the City is able to meet its outstanding debt obligations and prepare for future capital improvements that will be necessary to maintain utility service to our community. The City has direct and indirect contracts with the North Texas Municipal Water District (NTMWD) for the purchase of treated surface water and for the transport and treatment of wastewater. As our population increases, we will be purchasing more water from NTMWD and sending more of our wastewater into the NTMWD wastewater system. The continuing drought, coupled with the rising cost of treated surface water, and wastewater treatment charges from NTMWD will have a greater impact on the City's utility rate structure as we grow. In addition to reviewing our water and sewer rates, the City is actively managing its outstanding debt obligations. We have a series of planned debt refundings that will allow us to take advantage of low interest rates and develop a more level and modest repayment structure. The first phase at this plan occurred in the early part of FY 15 with additional phases occurring in the next few years. Although the City has some challenges, there are many positive things happening in our community. The City continues to see consistent increases in the amount of sales tax revenue collected each year, which is a testament to the health of our local business climate. Sales tax revenue in FY 2014 was up 17% over the FY 2013 revenue. While we do not expect dramatic increases to continue, we do not anticipate any decrease in sales tax revenue in FY 15. The City does anticipate growth in our commercial and retail development over the next few years. Major retailers are showing interest in Anna that will open up significant retail opportunities in the next few years. CONTACTING THE CITY'S I7NANCIAL MANAGEMENT This financial report is designed to provide our citizens, taxpayers, customers, and creditors with a general overview of the City's finances and to show the City's accountability for the money it receives. if you have questions about this report or need additional financial information, contact City Hall, at 111 North Powell Parkway, P.O. Box 776, Anna, Texas 75409-0776 or (972) 924-3325. N N Ur h v> . > N . C N .� .> U O (7 00 O 00 O M N N o Nd CD o0 as 4%G� W) N M N t� N %mO CQ O Vl C� %O N;• 00 O 00 N' -+ Ci N M N N N' CN C�1 CD ffWaal O t� vl 00 00 O M O N O IN M Cal Itio kn N N "�t � C\ Aft 0 ON r•+ 'n M O N' w M N o00 N O Nn o c0 Vl t� O vl G� [� h � rn o N• rl o � �tin o00 M N N N' C\ C�7 G\ O r III C1 r M N 0 (V N H u C ti U od �O vi •— t� N O — O 00 � N N t � �O �O O O t� .-- M 00 N .-. 0 41ra� Vrc1 N O � r ~ M O N d� t� O V� M h O M M h O M � � ON C\ M O M M to ON M Vl Vl 00 � � N a\ � O� � Oi •-+ N vi •-� M ' 0 M O� 00 69 N N � kip) N N N N O III 'O d O O � 6 a � W C .G a � U O G3. N a+ � •U rn � CQ �3 C N C i~ •U v rn � O � A C7 � C G C •O 7 G 'C U K a> c4 U K1 kb M O\ 4cj' �O M 00 O O In h 1 W N v 0 r r r r r r t t t M O 00 O - 41 00 N kU O to in,-» t � \O N �O C? M V1 00 C�7 00co � � O h r t p to r t r r t V7 CR cnC 0 to o h oo c� o o � n to N M to N� M m �O M tl' Ct 00 C1 W M .- to �F' O O N M �O C\ cs G1 '� h d' w• 'f O d hl N t O O O O O O N N N O CD 00 � rn M ^, M r I r rn .4 o GN OON o M M C0 00 c.i ni t!l to t+•) to C4 .-•� h� Cli W >n O N V1 h i O W In m tV O 00 to 00 C7 M 'ct' M ^ 00 r` N .-: et •-� et v vi M M 64 m Vl O N N m O cn In h ON O O In C tNI cn 2.I+ u CO .d. Oi Qi O h ON m C\ m0% G1 � C% ON tO O O \0 N N O %tt 0o N Q\ ON \C h t � 00 G1 N o l4o N m v0 c co C` C\ cr LN O to N M O h N h 0 W O CA M t1' N O C\ VI 64 +2 t� v t >j w a� �.s:osF rn y Cd G C O _IM4 Cq C •N � N N YC > CL crs (d y � � � � � a'"i •� � o�ip o 0 0 rh U v, C C DGU w •� •o c. •o to c03 clcz> N �H zwz c Cd 0 U N rH City of Anna, Texas Balanee Sheet - Governmental Type Funds September 30, 2014 Assets Current assets. Cash and cash equivalents Investments Accounts receivable - net Notes receivable - net Due fi•om other funds Total current assets Liabilities Current liabilities. Bank overdraft Accounts payable Salaries payable Other accrued liabilities Due to other funds Total current liabilities Deferred Inflows of Resources Unavailable revenues - propel ty taxes Unavailable revenues - court Unavailable revenues - business loans Total deferred inflows of resources Fund Balances Non -spendable Restricted Committed - Revenue stabilization Committed - Building renovations Assigned - Other capital expenditures Unassigned Total fund balances Total liabilities, deferred inflows, and fund balances Governmental Fund Types Other General Governmental $ 2,265,664 367,313 289,655 577,813 3,500,445 198,239 80,779 117,8I6 $ 790,186 I25,555 35,642 40,328 991,711 16,754 18,246 - 377,334 39b,834 412,334 42,158 10,737 7,969 - 35,642 52,895 43,611 394,002 135,286 26,224 144,175 2,351,029 3,050,716 35,642 871,397 (371,273) 535,766 Total Governmental Funds $ 3,055,850 367,313 415,210 35,642 618,141 4,492,156 16,754 216,185 80,779 117,816 377,334 809,168 50,127 1 Q,737 35,642 96,506 35,642 1,265,399 1353286 26,224 144,175 1,979,756 3,586,482 $ 35500,445 $ 991,711 $ 41492,156 The accompanying notes are an integral part of these financial statements. 12 City of Anna, Texas Reconciliation of the Governmental Funds Balance Sheet to the Statement of Net Position For the Year Ended September 30, 2014 Fund balances of governmental funds (page 12) Amounts reported for governmental activities in the Statement of Net Position (pages 9-10) are different because: Capital assets used in governmental activities are not financial resources and, therefore, are not reported in the funds. Accrued interest payable does not require the use of current financial resources and, therefore, are not reported in the governmental funds. Prepaid debt issuance costs are not financial resources and, therefore, are not reported in the funds. Loner term liabilities, including bonds payable, are not due and payable in the current period and, therefore, are not reported in the funds. Revenue earned from a CDC long -terns receivable is not ail due in the current period and, therefore, is deferred in the fund financial statements. Property taxes and court revenue not received at year-end are shown as deferred income on the fund fmancial statements, but the amount should not be shown as a liability on the Statement of Net Position. Net position of governmental activities (page 10) $ 3,586,482 18,787,557 (3QQ25) (6,438,271) 35,642 60,864 $ 16,002,249 The accompanying notes are an integral pant of these financial statements. 13 City of Anna, Texas Statement of Revenues, Expenditures, and Changes in Fund Balances - Governmental Funds For the Year Ended September 30, 2014 Governmental Fund Tykes Other Total General Governmental Governmental Revenues Taxes. Property $ 2,412,337 $ 392,127 $ 2,804,464 Sales 675,516 675,380 1,350,896 Franchise 416,175 - 416,175 Building permits 539,154 - 539,154 Developer and impact fees 140,450 - 140,450 Intergovernmental 106,600 - 106,600 Court 100,055 - 100,055 Other development fees 92,897 - 92,897 Fire 73,812 - 73,812 Parks 71,905 - 71,905 Other revenue 37,754 54,825 92,579 Rentals - 30,000 30,000 Grants and contributions 4,085 25,000 2%085 Investment earnings 12,999 9,296 22,295 Police 20,525 - 202525 Total revenues 4,7041264 1,1861628 5,8901892 Expenditures Current: Police 13203,457 - 13203,457 Administrative and general 929,491 3,489 9325980 Development and animal control 619,465 - 61%465 Fire 624,541 - 624,541 Community and economic development - 3822166 382,166 Parks 1965502 - 196,502 Streets 170,830 - 170,830 Ambulance 123,683 - 123,683 Court 115,024 - 115,024 Capital outlays 266,459 5705559 837,018 Debt service: Principal retirement - 415,662 415,662 Interest expense - 259,080 259,080 Total expenditures 49249,452 1,630,956 51880,408 Excess of revenues over (under) expenditures 454,812 (4447328) 10,484 Other financing sources (uses) Sale of capital assets 11,960 - 11,960 Transfers in - 316,507 316,507 Transfers (out) (363800) - (36,800) Total other financing sources(uses) (24,840) 3165507 2915667 Net changes in fund balances 42%972 (127,821) 3022151 Fund balances - beginning 216207744 663,587 35284,331 Fund balances - ending $ 3,050,716 $ 535,766 $ 33586,482 The accompanying notes are an integral part of these �nanciai statements. 14 City of Anna, Texas Reconciliation of the Statement of Revenues, Expenditures, and Changes in Fund Balances of Governmental Funds To the Statement of Activities For the Year Ended September 30, 2014 Amounts reported for governmental activities in the Statement of Activities (gage ll) are different because: Net change in fund balances -total governmental funds (page 14) Governmental funds report capital outlays as expenditures. However, in the statement of activities the cost of those assets is allocated over their estimated useful lives and reported as depreciation expense. This is the amount by which depreciation expense exceeded capital outlay expenditures in the current period. Non -cash capital contributions and other contributions not received wi#hin sixty days after year-end are not reported as income in the governmental funds. The decrease in accrued interest is not a source of current fmanciai resources and, therefore is not reported in the governmental funds. Principal payments on long-term debt are an expenditure for the governmental funds, but this expenditure is removed for the government -wide financial statements. The increase in accrued compensated absences does not use current fmancial resources and, therefore is not reported in the governmental funds. Various other reclassifications and eliminations are necessary to convert from the modified accrual basis of accounting to accrual basis of accounting. These include recogng the change in deferred inflows of resources and various other items. The net effect of these reclassifications is to decrease net position. Change in net position of governmental activities (page 11) $ 302,I51 (436,575} 758,182 L!!Il 415,662 (688) (59,326) $ 979, 823 The accompanying notes are an integral part of these financial statements. 15 City of Anna, Texas Statement of Net Position - Proprietary Fund (Utility Fund) September 30, 2014 Assets Utility Fund Current assets: Cash and cash equivalents $ 17920,012 Certificates of deposit 122,775 Accounts receivable - net 542,551 Inventory 229>824 Restricted pooled investments 56,499 Restricted cash for capital improvements 91616,894 Due from Debt Service Fund 1,600 Total current assets 12,490,155 Noncurrent assets: Restricted deposits held in trust with GTUA 059,017 Capital assets (non -depreciable): Land and easements 411,068 Construction in progress 3,423,222 Capital assets (net of depreciation): Plants, machinery, and equipment 2939815009 Total capital assets 333815,299 Total noncurrent assets 35,7743316 Total assets $ 48,2645471 Liabilities Current liabilities: Accounts payable $ 4793290 Salaries payable 26,437 Other liabilities 10,878 Bond interest payable 791,229 Due to General Fund 202,080 Due to Capital Projects Fund 402328 Customer deposits 610,354 Accrued Compensated Absences 13,478 Current portion of long-term debt 1,040,000 Total current liabilities 31214,074 Noncurrent Liabilities: Bonds and notes payable 25,613,867 Total noncurrent liabilities 25,613,867 Total liabilities 2838272941 Net Position Net investment in capital assets 7,161,432 Restricted - GTUA deposits 1,959,017 Restricted - water and sewer improvements 9,673,393 Unrestricted 642,688 Total net position $ 19,4365530 The accompanying notes are an integral part of these financial statements. l6 City of Anna, Texas Statement of Revenues, Expenses, and Changes in Net Position - Proprietary Fund (Utility Fund) For the Year Ended September 30, 2014 Operating revenues: Water income Sewer income Sanitation income Developer and impact fees Connect, install, and tap fees Water customer late fees Groundwater production fees Miscellaneous revenue 2014 $ 2,3$3,3Q6 1,619,654 6981476 924,308 143,485 122,774 40,380 47,793 Total operating revenues 5,9803176 Operating expenses: Personnel and benefits 858,486 Sanitation contract 612,332 Utilities 383,452 Supplies, repairs, and maintenance 308,494 N. Texas Municipal Water District contract 391,094 Other contractual services 341,652 Other operating expenses 256,145 Depreciation 1,230,519 Total operating expenses 4,382,174 Operating income 1,598,002 Non -operating revenues {expenses): Interest expense (987,649) Bond issuance costs (84,008) Interest income 733451 Total non -operating revenues (expenses) (9983206) Income before contributions and transfers 59%796 Contributed capital assets 4$6,155 Transfers out to the Capital Projects Fund (279,707) Change in net position 8063244 Total net position - beginning (restated) 18,630,286 Total net position - ending $ 1954365530 The accompanying notes are an integral part of these financial statements. 17 City of Anna, Texas Statement of Cash Flows - Proprietary Fund (Utility Fund) For the Year Ended September 30, 2014 Operating Activities: Receipts from customers and users Payments to suppliers Payments to employees Net cash provided (used) by operating activities Capital and Related Financing Activities: Proceeds from debt issued Cash to GTUA reserve accounts Cash paid for bond issuance costs, net of premiums Cash to restricted capital improvements accounts Cash paid for acquisition and construction of capital assets Interest paid on long-term debt Principal payments on debt Net cash provided (used) by capital and related financing activities 20x4 $ 52823,671 (1,806,352) (8605344) 3,1561975 4,180,000 (94,038) (40,010) (7,2571240) (214362680) (9972945) (536,250) (75182,163) Non -capital and Related Financing Activities Transfers in from other funds 33992,286 Transfers (out) to other funds (279,707) Net cash provided (used) by norncapital and related financing activities 3z7121579 Investing Activities: Interest received Net cash provided (used) by investing activities Net increase (decrease) in cash and cash equivalents Cash and cash equivalents, October 1 Cash and cash equivalents, September 30 Reconciliation of Operating Income to Net Cash Provided (Used) by Operating Activities: 63,155 63,155 (249,454) 2,16%466 $ 1,920,012 Operating income (lass) $ 1,598,002 Adjustments to reconcile operating income to net cash provided {used} by operating activities: Depreciation expense Decrease (increase) in accounts receivable Decrease (increase) in inventory Increase (decrease) in due to General Fund Increase (decrease) in due to Capital Projects Fund Increase (decrease) in accounts payable Increase (decrease) in other liabilities Increase (decrease) in customer deposits Increase (decrease) in accrued compensated absences Net cash provided by operating activities Non -cash capital activities: Contributions of capital assets 1230519 257,707 (9,293} 19,260 13,478 $ 3,156,975 $ 486,155 The accompanying notes are an integral part of these financial statements. 13 CITY OF ANNA NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED SEPTEMBER 30, 2014 NOTE A - SUMMARY OF ACCOUNTING POLICIES The City of Anna, Texas (the "City") is a Home Rule Chartex city that operates under aCouncil-Manager form of government. The City provides the following services: public safety, ambulance, streets, sanitation, plamring and zoning, and general administrative services. Other services include water, sewer, and sanitation operations. The financial statements of the City of Anna are prepared in accordance with Generally Accepted Accounting Principles (GAAP). The City's reporting entity applies all relevant Governmental Accounting Standards Board (GASB) pronouncements. Proprietary funds and similar component units apply Financial Accounting Standards Board (FASB) pronouncements. The following is a summary of the more significant policies: 1. The Reporiing_Entity The accompanying financial statements present all funds relevant to the operations of the City and its component units as defined by GASB Statement 61. The Financial Reporting Entity: Omnibus an amendment to of GASB Statements 14 and 34. Component units are fiscally dependent upon the City and there is potential for a financial burden or benefit relationship. Based on the criterion stated above, the Anna Community Development Corporation ("CDC") and the Anna Economic Development Corporation ("EDC") are component units of the City. The CDC and EDC are nonprofit organizations established to act on behalf of the City of Anna under the Development Corporation Act of 1979, section 4B and 4A, respectively. Both component units are considered special revenue funds of the City and are presented as blended governmental -type funds. The blended methodology was selected after evaluation of the "substantively the same" and financial burden or benefit relationshi cp riteria. It should be noted that when the blended method is used, transactions of the component unit are presented as ifthey were executed directly by the primary government. 2. Government -Wide and Fund Financial Statements The government -wide financial statements (i.e, the statement of net position and the statement of changes in net position) report information on all the non -fiduciary activities of the primary government and its component units. Governmental activities, which normally are supported by taxes and intergovernmental revenues, are reported separately from business -type activities, which rely to a significant extent on fees and charges for support. Likewise, the primary government is reported separately from certain legally separate component units for which the City is financially accountable. The statement of activities demonstrates the degree to which direct expenses of a given function or segment is offset by program revenues. Direct expenses are those that are clearly identifiable with a specific function or segment. Program revenues include: 1) charges to customers or applicants who purchase, use, or directly benefit from goods, services, or privileges provided by a given function or segment, and 2) grants and contributions that are restricted to meeting the operational or capital requirements of a particular function or segment. Taxes or other items not properly included among program revenues are reported instead as general revenues. Separate financial statements are provided for governmental funds and proprietary funds. 19 NOTES TO THE FINANCIAL STATEMENTS (CONTINUED) Major individual governmental funds axe required to be reported in separate columns in the fiend financial statements. 3. _Measurement Focus Basis of Accounting and Financial Statement Presentation The government -wide financial statements are reported using the economic resources measurement focus and the accrual basis of accounting, as are the proprietary fund financial statements. Revenues are recognized when earned and expenses are recognized when a liability is incurred, regardless ofthe timing of related cash flows. Property taxes are recognized as revenues in the year for which they are levied. Grants and similar items are recognized as revenue when all of the eligibility requirements imposed by the provider have been met. Governmental fund financial statements are reported using the current financial f•esou�•ces measurement focus and the modified accrual basis of accounting. Revenues are recognized when they become both measurable and available as net current assets. Revenues are considered to be available when they are collectible within the current period or soon enough thereafter to pay liabilities ofthe current period. For this purpose, the City considers revenues to be available if they are collected within 60 days of the end of the current fiscal year. Gross receipts and sales taxes are considered measurable when in the hands of intermediary collecting government and are recognized as revenue at that time. Expenditures are generally recognized under the modified accrual basis of accounting when the related fund liability is incurred. Exceptions to this general rule include; (1) accumulated unpaid vacation, sick pay, and other employee amounts which are not accrued; and (2) principal and interest on general long-tezm debt which are recognized when due. Proprietary funds distinguish operating revenues and expenses from non -operating items. Operating revenues and expenses generally result from providing services and producing and delivering goods in connection with a proprietary fund's principal ongoing operations. All revenues not meeting this definition are reported as non -operating revenues and expenses. All proprietary funds are accounted for using the accrual basis of accounting. Their revenues are recognized when they are earned, and their expenses are recognized when they are incurred. Unbilled utility services receivables related to water, wastewater, and sanitation services are recorded at year-end. When both restricted rill, d resources are available for use, it is the City's policy to use restricted funds first, then unrestricted resources as they are needed. 4. Fund Accounting The accounts of the City are orgazuzed on the basis of funds, each of tivhich is considered to be a separate accounting entity. The operations of each fund are accounted for by providing a separate set of self -balancing accounts, which are comprised of each fund's assets, liabilities, fund equity, revenues and expenditures or expenses, as appropriate. Government resources are allocated to and for individual funds based on the purposes for which they are to be spent and the means by which spending activities are controlled. The City, for financial purposes, includes all of the funds relevant to the operations ofthe City of Anna. Funds designated as "maj or" finds for the City each year are considered particularly important due to the level of activity in these funds. The General Fund is always considered a major fund for the City. For 2014, the Utility Fund is also a major find. The various funds are grouped, in the financial statements in this report, into two fund categories as follows: NOTES TO THE FINANCIAL STATEMENTS (CONTINUED) GOVERNMENTAL FUND TYPES General Fond The General Fund is the general operating fund of the City. It is used to account for all financial resources except those required to be accounted for in another fund. Aebt Service Fund Accounts for the resources accumulated and payments made for principal and interest on long-term general obligation debt of governmental funds. Capital Projects Fund Accounts for the acquisition and construction of governmental4ype assets from expenditures of debt proceeds, capital grants, or other sources restricted for governmental type asset acquisition. Special Revenue Funds The Anna CDC is a special revenue fund that accounts for the accumulation of State of Texas 4A sales tax revenues and related community development expenditures. The Anna EDC is a special revenue fund that accounts for the accumulation of State of Texas 4B sales tax revenues and related economic development expenditures. Utility Fund Accounts far operations (a) that are financed and operated in a manner similar to private business enterprises -where the intent of the governing body is that the costs (expenses, including depreciation) of providing goods or services to the general public on a continuing basis be financed or recovered primarily through user charges or (b) where the governing body has decided that periodic determination of revenues earned, expenses incurred, and/or net income is appropriate for capital maintenance, public policy, management control, accountability, or other purposes. The Utility Fund accounts for the water, sewer, and sanitation services provided by the City. 5. Cash and Cash Equivalents For purposes of the statement of cash flaws, the City considers all highly liquid investments available far current use with an initial maturity of three months or less to be cash equivalents. Other deposits with longer maturities are classified as investments. d. Inventory Ciiy inventory is maintained for water meters and other supplies in the Utility Fund. Inventory is recorded at cost with value adjusted on the first in, first out methodology. 7. Capital Assets Property, plant and equipment used in governmental fund type operations are shown on the statement of net position, rather than governmental funds. f►�l NOTES TO THE FINANCIAL STATEMENTS (CONTINUED) All property, plant and equipment are valued at historical cost or estimated historical cost if actual historical cost is not available. Donated property, plant and equipment are valued at their estimated fair value on the date donated. Depreciation is provided in the enterprise funds in amounts sufficient to relate the cost of the depreciable assets to operations over their estimated service lives on the straight-line basis. The service lives by type of asset are follows: Depreciable Asset Category Life in Years Buildings 20 Water & Sewer System infrastructure 35 Equipment 3-20 Streets 20 8. Long Term Liabilities Long-term liabilities expected to be financed from governmental fund types are shown on the statement of net position, rather than governmental funds. Principal payments for this debt are expensed on the fund financial statement, but this expense is removed for the government -wide statement of activities. 9. Due To and From Funds Outstanding balances between funds at the end of the fiscal year are referred to as either "due to/from other fiords". Any residual balances between the governmental activities and business -type activities are reported in the government -wide financial statements as "internal balances". 10, Compensated Absences It is the City's policy to permit employees to accumulate earned but unused vacation and sick pay benefits. There is no liability for unpaid accumulated sick leave since the City will not pay any unused amounts when employees separate from service with the City, Vacation pay is accrued in the government -wide and proprietary financial statements. 11. Fund Balances The City leas adopted Governmental Accounting Standards Board (GASB) Statement No. S�, Fund Balance Reporting and Governmental. Fund Type Definitions (GASB 54). This Statement defines the different types of fund balances that a governmental entity must use for financial reporting purposes in the fund financial statements for governmental type funds. It does not apply for the government -wide financial statements or proprietary type funds. GASB 54 requires the fund balance amounts to be properly reported within one of the following fund balance categories: Nonspendable -such as fund balance associated with inventories, prepaids, long-term loans and notes receivable, and property held for resale (unless the proceeds are restricted, committed, or assigned). Restricted -fund balance category includes amounts that can be spent only for the specific purposes stipulated by constitution, external resource providers, or through enabling legislation, 22 NOTES TO THE FINANCIAL STATEMENTS (CONTINUED) Coininitted - fund balance classification includes amounts that can be used only for the specific purposes determined by a formal action of the City Council (the City's highest level of decision_making authority), Assigned - fund balance classification authorized for City Manager use to be used for specific purposes but do not meet the criteria to be classified as restricted or committed, and Unassigned -fund balance is the residual classification for the government's general fund and includes all spendable amounts not contained in the other classifications, and other funds that have total negative fund balances. 12. Budget and Budgetary Accounting The official city budget is prepared for adoption for the Governmental Fund Type and the Proprietary Fund Type during the month of September. 13. Revenue Reco�rrition — Prope taxes Property taxes attach as an enforceable lien on property as of January 1. Taxes are levied on October 1 and are due and payable at that time. All unpaid taxes levied October 1 become delinquent February 1 of the following year. Property tax revenues are recognized when they become available. Available includes those property tax receivables expected to be collected within sixty days after year-end. NOTE B -CASH, CASH EQUIVALENTS, AND POOLED INVIISTMENTS As of September 30, 2014, the City maintains banking accounts at Texas Star Bank, independent Bank, and the state -operated Texpool system. The City's investments are limited to demand deposits and certificates of deposits in financial institutions that are members of the FDIC. At September 30, 2014, City's deposits held in its depository banks totaled $15,139,343 with $995,550 insured by the Federal Deposit Insurance Corporation. Securities have been pledged in the City's name by the depository banks to collateralize 100% of all remaining deposits. Summary of deposits with financial institutions: Primacy government cash and cash equivalents $ 4,975,862 Primary government investments 490,088 Restricted cash %6731393 Less: petty cash (13860) Deposits with financial institutions 15,137,483 Add: petty cash 1,860 Total primary goverment cash and other deposits $ 155139,343 The Texas State Comptroller of Public Accounts exercises oversight responsibility over TexPool (pooled investments). Oversight includes the ability to significantly influence operations, designations of management and accountability for fiscal matters. Additionally, the State Comptroller has established an advisory board composed of both participants in TexPool and other persons who do not have a business relationship with TexPool. The Advisory Board members review the investment policy and management fee structure. Standard and Poor's rates TexPool at AAAm. NOTES TO THE FINANCIAL STATEMENTS kCONTINUED) To maintain the rating, weekly portfolio information must be submitted to Standard and Poor's and the office of the Comptroller of Public Accounts for review. TexPool operates in a manner consistent with the SEC's Rule 2a7 of the Investment Company Act of 1940. TexPool uses amortized cost rather than the market value to report net assets to compute share prices. Accordingly, the fair value of the position in TexPool is the same as the value of TexPool shares. The City's pooled investments at September 30, 2014, are comprised of governmental investment pools in the Texas Local Government Investment Pool (TexPool) as follows. Carrying Amount & Fair Value Public fund investment pools: TexPool General Account $ 2447539 TexPool Sewer Capital Improvement Fund 56,499 Total public funds investment pools: $ 301,038 Custodial credit risk Custodial credit risk is the risk that in the event of a bank failure, the City's deposits may not be returned to it. The City's investment policy requires collateralization of certificates of deposit or demand deposits, to be held by an independent safekeeping agent. The safekeeping bank may not be within the same holding company as the banks from with the securities are pledged. City deposits over and above amounts insured by the Federal Deposit Insurance Corporation (FDIC) are collateralized by securities held by the City's safekeeping agent. rnterest rate f•isk Through its investment policy, the City manages its exposure to fair value losses arising from increasing interest rates by limiting the duration of investments within its investment portfolio to a maturity period no greater than three years for the Debt Service Fund, no greater than the final expenditure date for bond proceeds held in a Capital Projects Funds, and no greater than 270 days for all other fiords. Credit risk Credit risk is the risk that an issuer or other counterparty to an investment will not fulfill its obligations. According to the City's investment policy, to mgate credit risk, funds shall be invested in the following Types of investments: 1) state or local investment pools 2) direct obligations of the U.S. government 3) bonds with maturities less than two years and guaranteed by the U.S. government 4) certificates of deposits with maturities less than two years 5) repurchase agreements collateralized with U.S. treasury securities with terms less than 90 days 6) SEC registered, AM -rated money market mutual funds with a dollar -weighted average portfolio maturity of 90 days or less, and 7) fixed rate or discount notes with a maturity of two years or less pledged or otherwise guaranteed by any of the following federal agencies: Federal National Mortgage Association, Federal Home Loan Bank, Federal Farm Credit Bank, Student Loan Marketing Association, and the Federal Home Loan Mortgage Corporation. 24 NOTES TO THE FINANCIAL STATEMENTS (CONTINUED) Concentration of credit risk Concentration of credit risk is the risk of loss attributed to the magnitude of investment in a single issuer. The City investment policy requires investment funds to be fully collateralized. NOTE C — PROPERTX TAX REVENUE Property and personal taxes are billed and collected Uy the Collin County Tax Assessor/Collector. The total property tax levy for the 2013/2014 tax year was $2,784,943. At September 30, 2014, $2,771,670 of the tax has been collected, which is 99.50%. Ad valorem taxes are levied from valuations assessed as of January 1 and recognized as revenue on the date of the levy on October 1. Property tax receivables are recognized when the City has an enforceable claim against the property owner. In the governmental funds, property tax revenue is recognized in the fiscal period for which the taxes are levied, provided that they become available. Avaihable means collected within the current period, or expected fio be collected soon enough thereafter, to be used to pay current liabilities. The City's availability period is sixty days. Taxes collected prior to the levy date to which they apply are recorded as deferred inflows of resources and recognized as revenue of the period to which they apply. Current taxes are levied by October 1 and Uecome delinquent if unpaid on February l .Taxes unpaid as of February 1 are subject to penalty and interest as the City Council provides by ordinance. The penalty is 6% for the first month, and increased 1% per month up to a 12% maximum. Under state law, property taxes levied on real property constitutes a lien on the real property which cannot be forgiven without specific approval of the state legislature. NOTE D -RECEIVABLES Receivables at September 30, 2014, consisted of the following: Primary Government Other Governmental- Proprietary General Fund Type Funds Fund Property tax $ 42,158 $ 7,969 $ - Salestax 117,585 117,586 - Franchise fees 84,449 - - Court fines 485,671 - - Loans (long-term) - 35,642 - Utility bills - 6503392 Other 22,047 - - Gross receivables 751,910 1612197 650,392 less: Allowance for uneollectibles (462,255) - (107,841) Net receivables $ 289,655 $ 16lJ97 $ 542,551 25 NOTES TO THE FINANCIAL STATEMENTS (CONTINUED) NOTE E -CAPITAL ASSETS GOVERNMENTAL FUND TYPE ACTIVITIES Governmental fund type capital asset activity for the year ended September 30, 2Q14 was as follows: Nondepreciable assets: Land Construction in progress Depreciable assets: Park improvements Buildings Furniture and fixtures Streets and drainage Machinery and equipment Totals at historical cost Less: Accumulated depreciation Governmental fund type capital assets, net Retirements, Beginning Transfers, and Balance Additions Reclassifications Ending Balance $ 2,032,630 $ 6,580 $ 21268,690 410,756 - $ 2,Q39,210 (2,242,389) 437,057 2,959,592 153,223 2,242,389 5,355,204 11457,010 26,489 - 1,483,499 210,701 8,495 - 219,196 15,280,249 795,827 - 16,076,076 2,048,293 1933831 (39,669) 2,202,455 26,257,165 1,595,201 (395669) 27,812,697 (71791,215) (13273,594) 3%669 (9,025,140) $ 18,465,950 $ 321,607 $ - $ 18,787,557 PROPRIETARY FUND TYPE ACTIVITIES Proprietary fund type capital asset activity for the year ended September 30, 2014 was as follows: Nondepreciable assets: Land and easements Construction in progress Depreciable assets: Furniture Buildings and improvements Equipment Water treatment system GTUA water improvements GTUA sewer improvements Water and sewer system Totals at historical cost Less: Accumulated depreciation Proprietary fund type activities capital assets, net Retirements, Beginning Transfers, and Balance Additions Reclassifications Ending Balance $ 362,913 $ 48,155 (Z - It 411,068 1,573,835 2,141,009 (29I,622) 3,423,222 5,620 - - 5,62Q 486,244 1)138,223 1823270 2%277 1,34%770 5,9941665 - - 5,994,665 16,979,634 - - 16,979,634 9395796 - - 9393796 12,8531877 5513401 211;771 137617,049 40X4807 219223835 (50)574) 43,2071068 (811707014) (1,230,519) 83764 (9,391,769) $ 32,164,793 $ 1,692,316 $ (41,810) $ 335815,299 NOTES TO THE FINANCIAL STATEMENTS (CONTINUED) Depreciation for general fixed assets is included as an expense for governmental activities on the statement of activities. Depreciation for proprietary type funds are included in both the fund financial statements and on the statement of activities. Depreciation expense was charged to functions/programs of the primary government as follows: Governmental activities: Streets $ 784,103 Parks 235,631 Police 12%214 General government 29,575 Fire 76,741 Economic development 18,330 Total depreciation expense - governmental activities $ 15273,594 Business -type activities: Water and sewer $ 1,2305519 Total depreciation expense - business -type activities $ 11230,519 NOTE F -LONG-TERM DEBT The City has outstanding general obligation bonds, revenue bonds, notes payable, capital leases, and certificates of obligation for the acquisition of capital assets and the construction of major capital facilities. The following is a schedule of future debt service requirements to maturity: Governmental Activities Business -Type Activities Fiscal Year Ended Principal Interest Principal Interest Principal Interest 2015 $ 1,462,776 $ 1,383,542 $ 4222776 $ 241,032 $ 1,040,000 $ 11142,510 2016 1,587,903 13277,582 4442153 2247566 11143,750 11053,016 2017 1,586,236 1,247,093 408,736 252,868 1,177,500 994,225 2018 13570,724 12391,973 38%474 312,194 1)181,250 .13079,779 2019 1,653,058 1,548,977 4243308 321,314 1,228,750 11227,663 2020-2024 8,370,921 6,1255150 2,127,171 1,1803363 6,243,750 4,9445787 2025-2029 9,1791500 25844,449 11707,000 348,757 7,472,500 21495,692 2030-2034 65192,500 952,227 400,000 1%961 57792,500 932,266 2035-2039 110827500 231,498 - - 1,082,500 231,498 2040 207,500 125097 - - 207,500 12,097 $ 32,8935617 $ 17,014,589 $ 6,3231618 $ 2,9011055 $ 26,5701000 $ 14,113,534 27 NOTES TO THE FINANCIAL STATEMENTS (CONTINUED) The following is a summary of the terms of the City long-term debt at September 3V, 2014: Governmental Activities: 2006 Combination Tax and Limited Surplus Revenue Certificates of Obligation 2007 Certificate of Obligation 2007 Revenue Bond 2011 Public Property Finance Act Certificates of Obligation 2009 Tax and Revenue Certificate of Obligation EDC - Note payable EDC - Note payable CDC - Sales Tax Revenue Refunding Bonds- Series 2012A CDC - Sales Tax Revenue Bonds - Series 2012E Compensated absences Total Governmental Activities Business -Type Activities: Original Year of Final Amount Issue Maturil Interest Rate Balance September 30, 2014 Due Within One Year $ 2,48Q,000 2005 2/15/2026 3.5%-5.25% $ 1,755,000 $ 115,000 114202000 2007 2/15/2027 3.95% to 15% 885,000 90,000 3703000 2007 2/15/2027 3.95% to 15% 2302000 25,000 360,000 2011 2/15/2026 3.34% 344,000 87000 9007000 2009 2/15/2026 4.28% (to 15% 755,000 352000 on 02/15/2018) 335,000 2012 11/14/2021 4.465% 254,724 30,848 380,300 2008 2018 5% 205,894 383928 396,000 2012 2/15/2018 3.25% 269,000 65,000 $ 12655,000 2012 2032 3.30% 126253000 15,40o 114,653 1142653 $ 6,4385271 $ 5373429 Balance Original Year of Final September 30, Due Within Amount Issue Maturity Interest Rate 2014 One Year CV 1976 Junior Lien Waterworks and Sewer System Revenue Bonds $ 95,000 1976 9/30/2014 1976 General Obligation Water Bonds 100,000 1976 9I30/2016 2045 GTUA contract 2,885,000 2005 5/I/2028 Series 2006 GTUA contract revenue bonds (12&15) 2,125,000 2006 Series 2007 GTUA contract revenue bonds 7601000 2007 2007 GTUA contract 1,1051000 2007 2007 GTUA contract 21325,000 2007 2007 GTUA contract 31365,000 2007 2008 GTUA contract 540,000 2008 CGMA Pipeline Project Phase 1 7002000 2008 CGMA Pipeline Project Phase II 2,168,750 2008 CGMA Pipeline Project Phase III 1,25%000 2008 2009 combination tax and revenue refunding bond 4,1651000 2009 2012 combination tax and revenue certificates of obligation 4,210,000 2013 2014 combination tax and revenue certificates of obligation $ 4,1801000 2014 Bond premiums various various Total Business -Type Activities Total general debt (Governmental Type and Business -Type Activities) 6/1/2026 5% 2.95%-3.75% 5/1I2027-5.57% 5/1/2027 6/1/2028 2.95%-4.1% 5/I/2032 3.07%-5.62% 9/30/2027 2.29%-5.74% IQ/1/2028 2.29%-5.74% 9/30/2040 5.68%-5.83 10/1/2036 2.67%-5.62% 4.28% (to 15% 2/15/2026 on 02/15/2018) 2/15/2033 various 2/15/2034 10,000 2,085,000 1,455,000 59Q,000 870,000 1,8101000 3,160,000 420,000 513,750 2, I68,750 1,057,500 4,040,000 5,000 95,000 l00,004 35,000 50,000 100,000 50,000 25 000 25,000 54,000 425,000 1.S%-2.5% 4,210,OQ0 80,000 -3.65% 42180,000 - n/a 83,867 - 2656533867 I5040,000 $ 331092,138 $ 1,577,429 NOTES TO TIE FINANCIAL STATEMENTS (CONTINUE])) Governmental actives: 2006 Combination Tax and Limited Surplus Revenue Certificates of Obligation 2007 Certificate of Obligation 2007 Revenue Bond 2011 Public Property Finance Act Certificates of Obligation EDC - FY12 Bank note payable - 4.465% a.p.r. Matures 11/14/2021- Original issue - $335,000 EDC - FY08 Bank note payable - 5% a.p.r. - Matures 2019 - Original amount was $380,300 2009 Tax and Revenue Certificate of Obligation Fire rescue truck note CDC - Sales Tax Revenue Refunding Bonds- Series 2012A CDC Sales Tax Revenue Bonds- Series 2012B Other liabilities Total Governmental activity long term liabilities Beginning Due Within Balance Additions Reductions Ending Balance One Year $ 1,865,000 $ - $ (110,000) $ 1,755,000 $ 115,000 970,000 - (85,000) 885,000 907000 250,000 - (207000) 230,000 25,000 352,000 284,209 244,524 790,000 12,115 333,000 1,6407000 113,965 (8,000} (29,485) (38,630) - (35,000) (12,115) (64,000) (15,000) 344,000 254,724 2053894 755NO 269,000 1,6259000 30,348 38,928 35,000 65,000 15,000 Beginning Due Within Balance Additions Reductions Ending Balance One Year Business -type activities: 1976 Junior Lien Waterworks and Sewer System Revenue Bonds $ 5,000 $ - $ (5,000) $ 1976 General Obligation Water Bonds 151000 (5,000) 102000 5,000 2005 GTUA contract 221802000 - (95,000) 2,085,000 957000 Series 2006 GTUA contract revenue bonds (12&15) 1,5501000 (95,000) 1,455,000 100,000 Series 2007 GTUA contract revenue bonds 620,000 - (30,000) 590,000 351000 2007 GTUA contract 9152000 - (45,000) 870,000 50,000 2007 GTUA contract 1,9052000 - (95,000) 1,8105000 1001000 2007 GTUA contract 31210,000 - (50,000) 3,1601000 50,000 2008 GTUA contract 44000 - (20,000) 420,000 25,000 CGMA Pipeline Project Phase I 5372500 - (232750) 513,750 25,000 CGMA Pipeline Project Phase 11 2J%750 - - 231685750 - CGMA Pipeline Project Phase III 1,105,000 - (47,500) 12057,500 50,000 2009 combination tax and revenue refunding bond 2012 combination tax and revenue certificates of obligation 2014 combination tax and revenue certificates of obligation Bond premiums Total business -type activities long term liabilities 410653000 4,210,000 29 (25,000) 4,040,000 425,000 - 41210,000 80,000 - 4,180,000 - 4,180,000 - R3.R67 NOTES TO THE FINANCIAL STATEMENTS {CONTINUED) CONTRACTUAL OBLIGATIONS` WITH GREATER TEXOMA UIILITYAUTHURITI' Under the terms of long term water supply and sewer service contracts between the Clty and Greater Texoma Utility Authority (GTUA), the city recognizes that GTUA has an undivided ownership interest in the City's water system and sewer collection and treatment facility equivalent to the percentage of the total cost of the facility provided by GTUA through the issuance of GTUA bonds. The City has a contractual obligation to make payments specified by the contract to GTUA to pay the principal and interest on the bonds, maintain a Reserve Fund for the security and payment of bonds similarly secured, pay the administrative and overhead expenses of GTUA directly attributable to the bonds, and pay any extraordinary expenses incurred by GTUA m. connection with the bonds. Under terms of the contracts the City's obligation to make payments to GTUA, as well as GTUA's ownership interest in the facilities terminates, when all of GTUA's bonds issued in connection with construction of the facilities have been paid in full, are retired, and are no longer outstanding. Collin Grayson Municipal Alliance Transmission Water Pipeline Tn 2004, the City, along with the City of Van Alstyne, Howe, and Melissa, formed a group called the Collin Grayson Municipal Alliance ("CGMA"). CGMA entered into a long-term contractual obligation with GTUA for the purpose of providing funds for the construction of a transmission water pipeline that will provide water to CGMA cities. The cost of the pipeline is being funded in four phases. Eacli CMGA city was required to make payments to GTUA in an amount equivalent to 25% of the total obligation to cover their portion of the cost of the obligation until the pipeline project was completed. As water continues to flow to each CGMA city, the City shall be charged it's percentage or fraction share of debt service on the obligation based upon: the amount of water to be paid by the City under its water contract (i.e. the greater of its minimum take -or -pay amount or the actual amount of water taken) divided by the total amount of water to be paid by all CGMA cities. The sum of the four (4) fractional amounts shall, always equal 100% of the debt service on the contractual obligation with GTUA. The billing rates for each City will be calculated to provide funds necessary to cover the contractual obligation, interest, repairs, maintenance, and production costs. At the end of the contractual obligation with GTUA, the City will own an undivided interest in the transmission water pipeline based on the percentage of water it utilized and paid for during the contract term. The contract will expire and the transfer of ownership will occur. during the fiscal year ended September 30, 2040, as long as no new debt is issued. CDC Series 2012A Sales Tax Revenue Refunding Bonds On August 23, 2012, Series 20I2A Sales Tax Revenue Refiinding Bands were obtained by the CDC in the amount of $396,000. $377,983 of the proceeds from the sale of the bonds were used to refund the CDC's outstanding Texas Leverage Fund Loan in order to restructure such indebtedness. The issuance's netpresent value has the CDC incurring $3,382 of additional costs after paying all issuance and other costs on the Bonds. The refunded loan and interest due thereon, are to be paid from funds deposited with the Escrow Agent. The entire refunded loan principal was redeemed on August 23, 2012. Debt service for the sales tax revenue bonds will be funded from pledged state tax revenue. NOTES TO TIIE FINANCIAL STATEMENTS (CONTINUED) CDC Series 2012E Sales Tax Revenue Bonds On August 23, 2012, Series 2012B Sales Tax Revenue Bonds were obtained by the CDC in the amount of $1,655,000. Proceeds from the sale of the bonds are to be used for City of Anna parks and other open space improvements. Debt service for the sales tax revenue bonds will be funded from the pledge of net revenue to be received from the State of Texas sales taxes received by the CDC. Series 2012, $�,210,000 Combination Tax and Revenue Certificates of Obligation Dated December 20, 2012, these proprietary fund certificates of obligation were issued to fund water and sewer system improvements. Proceeds of the debt are recorded in, and expended by the Capital Projects Fund. This twenty- year debt has interest rates of 1.5% to 2.5% that will be paid each February and August 15th. Average yield is 2.24%. Principal is paid every February 15`h. The debt is to be repaid with Utility Fund revenues. Final maturity is on February 15, 2033. Series 201 �, $4,180, QQO Combination Tax and Revenue Certificates of Obligation Dated February 27, 2014, these proprietary fund certificates of obligation were issued to fund water and sewer system improvements. This twenty- year debt has interest rates of 2.0% to 3.65% that will be paid each February and August 15`h. Principal is paid every February 150'. The debt is to be repaid with Utility Fund revenues. Final maturity is on February 15, 2034. NOTE G --PRIOR PERIOD ADJUSTMENTS The City had the following restatements to net position: Governmental Government -wide effects Activities Net Position - beginning as previously reported $ 15,1095929 Adjustment to remove bond issuance costs as required by GASB 65 (87,503) Net Position - beginning as adjusted $ 15,022,426 Proprietary Fund Types Utility Fund Net Position" beginning $ 1930585331 Adjustment to remove bond issuance costs as required by GASB 65 (428,045) Net Position - beginning as adjusted $ 18,6303286 NOTE II —FUND BALANCES AND RESTRICTED NET POSITION Governmental -Type Fund Balances The City authorized the City Administrator to designate certain fund balances as assigned. Excluding unassigned fluid balances, the following describes the City's fund balance classifications at September 30, 2014: Von -spendable Fund Balance The CDC Special Revenue Fund has $35,6421ong-term note receivable due from a local business and is thus classified as non -spendable. 31 NUTES TO THE FINANCIAL STATEMENTS (CONTINUED) Restricted Fund Balances All fund balances in spendable form for the Capital Projects, Debt Service, and Special Revenue funds are restricted for the intended purpose of these funds. Restricted Fund Balances of $394,002 for the General Fund represents assets restricted by law or by agreements with third parties. The following describes the various fund balance restt7ctions for the General Fund: Impact fees for park improvements Eastside Park improvements Fire Department improvements State Seizure funds held in trust Impact fees for street improvements Public Education Government Fees Child safety programs Municipal court building security Court bond funds held in trust $ 275,179 12,576 3,840 1,333 23,319 32,593 10,623 13,250 1387 Municipal court technology 3,610 Sweetwater Crossing funds held in trust %916 Law enforcement officer training fiend 13375 $ 394,002 Committed Fund Balances The City Council has committed $135,286 of General Fund fund balance for 2015 revenue stabilization in the event of budget shortfalls. This contingency amount must be expended in accordance with Section 7.08 of the Anna City Charter. The City Council has also committed $26,224 of General Fund fund balance for City building renovations. Assigtzed Fund Balances The City Manager has assigned $144,175 of General Fund fund balance for following items: Dump truck for $65,000, parking lot/other improvements for $59,975, change order for facility remodel for $10,000, phone system for $7,500, and $1,700 for a generator gas line. Negative Fund Balances The Capital Projects Fund has a negative $315,556 fund balance and the Debt Service Fund has a $55,717 negative fund balance at September 30, 2014. The City's annual budget is adopted and amended as necessary to ensure any negative fund balances are only temporary in nature. The City expects both fund balances to become positive during fiscal year 2015 with reimbursement made to them by other funds and/or third parties. Proprietary Fund Net Position Net position is reported as restricted when there are limitations imposed on their use either through the enabling legislation adopted by the City or through external restrictions imposed by creditors, grantors or laws or regulations of other governments. 32 NOTES TO TIIE FINANCIAL STATEMENTS (CONTINUED) At September 30, 2014, the City's proprietary fund net position was restricted for the following purposes: • The Utility Fund has restricted deposits held in trust by GTUA in the amount of $i5959,017 that will be used for water and sewer system capital improvements and repayment of contractual obligations. • The Utility Fund has restricted net position in tyre form of cash deposits, pooled investments, and due from other fund balances totaling $9,674,993 that will be used for water and sewer system capital improvements and debt service related to such improvements. The balance is comprised of the following Statement of Net Position balances: Restricted pooled investments $ 56,499 Restricted cash for capital improvements 31235,897 Special purpose operating account 6338%997 $ 9,673,393 NOTE I — INTERFUND RECEIVABLES, PAYABLES, AND TRANSFERS Interfund balances at September 30, 2014 areas follows: Receivable Fund Payable Fund _ General Utility $ General Utility Capital Projects Capital Projects Utility Amount Purpose 202,573 For services earned/paid on behalf of other fund. 320,884 For services earned/paid on behalf of other fund. 54,850 For services earned/paid on behalf of other fiord. 1,600 For services eamed/paid on behalf of other fund. 40,328 For services earned/paid on behalf of other fund. The net internal balances between goverrrrnental and proprietary type funds presented above is $240,807. Interfund transfers during fiscal year 2014 are as follows: Transfer In Fund Transfer Out Fund Amount Capital Projects Utility $ 279,707 Capital Projects General Fund $ 36,800 NOTE d — RISK MANAGEMENT Purpose To transfer assets. To transfer assets. The City is exposed to various risks of lass related to litigation, theft, property damage, errors and omissions, injuries, and natural disasters. The City's insurance is by membership in the Texas Municipal League, a public entity risk pool operated by the Texas Municipal League Board for the benefit of governmental units in Texas. Insurance in effect at September 30, 2014 is summarized as follows: Workers compensation, general liability, automobile liability, personal property, law enforcement liability, and errors and omissions. There were no settlements in excess of the insurance coverage in any of the three prior fiscal years. 33 NOTES TO THE FINANCIAL STATEMENTS (CONTINUED) NOTE K — PENSION PLAN Plan Description The City provides pension benefits for alI of its full-time employees through a noniraditianal, joint contributory, hybrid defined benefit plan in the statewide, Texas Municipal Retirement System (TMRS), an agent multiple -employer public employee retirement system. TMRS issues stand-alone financial reports annually and these can be obtained by request at the following address: TMRS, P.O. Box 149153, Austin, Texas78714-9153. Benefits depend upon the sum of the employee's contributions to the plan, with interest, and the financed monetary monetary credits, with interest. At the date the plan began the City granted monetary credits for service rendered before the plan began of a theoretical amount equal to two times what would have been contributed by the employee, with interest, prior to establishment of the plan. Monetary credits for service since the plan began are a percent (100%,150% or 200%) of the employee's accumulated contributions. Ln addition the City can grant as often as annually another type of monetary credit referred to as an updated service credit which is a theoretical amount which, when added to the employer's accumulated contributions and the monetary credits for service since the plan began, would be the total monetary credits and employee contributions accumulated with interest if the current employee contribution rate and City matching percent had always been in existence and if the employee's salary had always been the average of his/her salary in the last three years that are one year before the effective date. At retirement, the benefit is calculated as if the sum of the employee's accumulated contributions with interest and the employer4inanced monetary credits with interest were used to purchase an annuity. The plan provisions are adopted by the governing body of the City within options available in the statutes governing TMRS and within the actuarial constraints also in the statutes. Plan provisions far the City were as follows: Deposit Rate: Matching Ratio (City to Employee}: Member Vested After: Contributions 7% 5 Under the state law governing TMRS, the acivary annually determines the City contribution rate. This rate consists of the normal cost contribution rate and the prior service cost contribution rate, both of which are calculated to be a level percent of payroll from year to year. The normal cost contribution rate finances the currently accruing monetary credits due to the City matching percent, which are the obligation of the City as of an employee's retirement date, not at the time the employee's contributions are made. The normal cost contribution rate is the actuarially determined percent of payroll necessary to satisfy the obligation of the City to each employee at the time his/her retirement becomes effective. The prior service contribution rate amortizes the unfunded (overfunded) actuarial liability (asset) over the remainder of the plan's 25-year amortization period. The unit credit actuarial cost method is used for determining the City contribution rate. Both the employees and the City make contributions monthly. NOTES TO THE FINANCIAL STATEMENTS (CONTINUED) Since the City needs to know its contribution rate in advance for budgetary purposes, were is a one-year delay between the actuarial valuation that serves as the basis for the rate and the calendar year when the rate goes into effect. (i.e. December 31, 2012 valuation is effective for rates beginning January 1, 2013). Funding Status and Funding prn&ress Even though the substance of the City's plan is not to provide a defined benefit in some form, additional disclosure is appropriate due to the nontraditional nature ofthe defined contribution plan which had an initial unfunded pension benefit obligation to the monetary credits granted by the City for services rendered before the plan began and which can have additions to the unfunded pension benefit obligation through the periodic adoption of increases in benefit credits and benefits. Statement No. 5 of the Governmental Accounting Standards Board (GASB 5) defines pension benefit obligation as a standardized disclosure measure of the actuarial present value of pension benefits, adjusted for the effects ofprojected salary increases, estimatedto be payable in the future as a result of employee service to date. The measure is intended to help users assess the funding status of public employee pension plans, assess programs made in accumulating sufficient assets to pay benefits when due and make comparisons among public employee pension plans. Contributions by the City were $266,811 or 1 l.l% of the covered payroll of$2,397,063 as requixed by the actuarial valuation. The total fiscal year 2014 payroll was $2,462,895. Actuarial Information (December 31, 2012) Actuarial Cast Method Amortization Method GASB 25 Equivalent Single Amortization Period Amortization Period for new gains/losses Asset Valuation Method Investment Rate of Return Projected Salary Increase Includes Inflation At Cast -of -Living -Adjustments City -specific Assumptions. Payroll growth assumption Supplemental Death Benefits Fund rt Projected Unit Credit Level Percent of Payroll 30 Years —Closed Period 30 years 1Q-year smoothed market Varies by Age and Service VA The City also pa icipates in the cost sharing multiple -employer defined benefit group -term life insurance plan operated by TMRS known as the Supplemental Death Benefit Fund (SDBF}. The City elected, by ordinance, to provide group -term life insurance coverage to both current and retired employees. The City may terminate coverage under and discontinue participation in the SDBF by adopting an ordinance before November 1 of any year to be effective the following January 1. 35 NOTES TO THE FINANCIAL STATEMENTS (CONTINUED) The death benefit for active employees provides a lump -sum payment approximately equal to the employee's annual salary (calculated based on the employee's actual earnings, for the 12-month period preceding the month of death); retired employees are insured for $7,500; this coverage is an "other postemployment benefit." or OPEB NOTE L -- SUBSEQUENT EVENTS Subsequent events have been evaluated through the date of issuance, which is the date of the auditox's report, and there are two subsequent events to disclose as follows: Issuance of Series 2014A, $2, 59$, 000 Combination Tax and Revenue Refunding Bonds Dated October 28, 2014, these Utility Fund certificates of obligation were issued to partially refund $2,598,000 of bonds from the Series 2009 Combination Tax and Revenue Refunding Bonds ("Series 2009"). Series 2009 bonds have $4,040,000 of outstanding debt at September 30, 2014, The Series 2014A issuance will increase the total net present value of interest costs by $85,109, but the issuance will also substantially "smooth out" future debt service that was a pending obstacle with the Series 2009 bonds. Issuance of Series 20148, �1, �62, 000 General Obligation Refinding Bonds Dated October 28, 2014, this governmentalAype refunding bonds were issued to partially refund $990,000 of the Series 2006 Combination Tax and Limited Surplus Revenue Certificates of Obligation ("Series 2006 C.O.'s"). Series 2006 C.O.'s have $1,755,000 of outstanding debt at September 30, 2014. Series 20148 will also fully refund $344,000 of the Series 2011 Public Pxoperty Finance Act Contzacival Obligations that have $344,000 of outstanding debt at September 30, 2014. The Series 2014B issuance will result in a total net present value of interest cost savings of $172,107. REQUIRED SUPPLEMENTARY INFORMATION City of Anna, Texas Budgetary Comparison Schedule Budget and Actual � General Fund For the Year Ended September 30, 2014 Revenues Taxes: Property Sales Franchise Mixed Beverage Tax Building permits Developer and impact fees Intergovernmental Court Other development fees Fire Parks Other revenue Rentals Grants and contributions Investment earnings Police Total revenues Expenditures Current: Police Administrative and general Development and animal control Fire Parks Streets Ambulance Court Capital outlays: Total expenditures Excess of revenues over (under) expenditures Other financing sources (uses) Proceeds from sold assets Transfers in (out) Total other financing sources(uses) Net changes in fund balance Fund balance - beginning Fund balances - ending Original Budget $ 2,409,947 56%000 365,000 1,000 324,000 142,500 41,810 1453600 522600 78,406 85,480 10,000 23,414 I53000 15,475 6,000 4,276,232 1,303,893 898,531 542,365 685,116 213,494 286,631 123,683 120,494 2,600 45176,807 99,425 99,425 2,620,744 $ 2,7205169 Amended Budget Actual Amounts Variance with Amended Budget - Positive (Negative) $ 2,409,947 $ 2,412,337 $ 2,390 648,000 675,516 27,516 365,000 416,175 51,175 1,000 (1,000) 510,000 539,154 29,154 142,500 140,450 (25050) 417810 106,600 647790 145,600 100,055 (45,545) 66,350 92,897 263547 78,406 73,812 (43594) 852480 711905 (13,575) 142000 37,754 23,754 233414 - (232414) 155000 4,085 (1%915) 15,475 12,999 (25476) 20,866 20,525 (341) 415823848 477045264 121,416 1,381,356 1,203,457 i77,899 920,050 929,491 (9,441) 629,614 61%465 10,149 731,620 624,541 107,079 244,368 196,502 47,866 3513631 170,830 180,801 123,683 123,683 - 121,779 115,024 63755 21600 266,459 (263,859) 4,506,701 4,2495452 2575249 76,147 454,812 378,665 - I1,960 11,960 - (24,840) (24,840) 76,147 429,972 353,825 23620,744 2,6201744 $ 22696,891 $ 310501716 Notes to the budgetary comparison schedule: This schedule tivas prepared on the modifred accrual basis of accounting and thus itas no recorrcilirrg items lvith General Fund amounts on the Statement of 12evernres, Expenditures, and Changes in Fund Balances presented on page 14. CITY OF ANNA, TEXAS Required Supplementary Information September 30, 2014 The pension benefit obligation shown below is similar in nature to the standardized disclosure measure required by GASB 5 for defined benefit plans except that there is no need to project salary increases since the benefit credits earned for service to date are not dependent upon future salaries. The calculations were made as part of the actuarial valuation as of December 31, 2013. Schedule ofFunding Progress for TMRS Ratio of Unfunded (Funded) Actuarial Accrued Percentage Annual Covered to Annual Valuation Date Value of Assets Liability Unfunded Funded Payroll Covered 12/31/2013 $ 23756,790 $ 35838,212 $ (150815422) 71.80% $ 2,397,063 46.50% 12/31/2012 $ 23245,021 $ 3,3555957 $ (1,110,936) 51.90% $ 2,209,974-66.90% 12/31/2011 $ 11808,421 $ 2,921,658 $ (1,113,237) 52.40% $ 2,124,976-61.900K 12/31/2010 $ 15326,200 $ 2,557,000 $ (1,195,000) 60.30% $ 1,982,000-53.30% 38 COMBINING STATEMENTS -NON-MA.TOR GOVERNMENTAL FUNDS CITY OF ANNA, TEXAS COMBINING BALANCE SHEET NON -MAJOR GOVERNMENTAL TYPE FUNDS SEPTEMBER 30, 2014 Capital Debt Community Economic Total Other Projects Service Development Development Governmental Fund Fund Corporation Corporation Funds ASSETS Cash and cash equivalents $ - $ 733 $ 428,618 $ 360,835 $ 7909186 Accounts receivable - Net Ad valorem taxes - 7,969 - - 7,969 Sales flax - - 58,793 58,793 1175586 Due from other funds 40,328 - - - 40,328 Note Receivable - Local business - - 35,642 - 35,642 Total current assets 40,328 85702 5235053 41%628 9912711 LIABILITIES AND FUND BALANCES Liabilities: Bank overdraft 165754 - - - 16,754 Accounts payable 18,246 - - - 185246 Due to other funds 320,884 56,450 - - 377,334 Total liabilities 3555884 56,450 - - 4123334 DEFERRED INFLOWS OF RESOURCES Unavailable revenues - property taxes - 73969 - - 75969 Unavailable revenues - business loans - - 355642 - 353642 Total deferred inflows of resources - 75969 352642 - 43,611 Fund balances: Non -spendable - - 355642 - 355642 Restricted for: Economic development - - - 419,628 4193628 Community development - - 4513769 - 4515769 Unassigned (315,556) (55,717) - - (3713273) Total fund balances (315,556) (55,717) 487,411 41%628 535,766 Total liabilities, deferred inflows, and fund balances $ 40,328 $ 8,702 $ 523,053 $ 419,628 $ 991,711 39 CITY OF ANNA, TEXAS COMBINING STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES NON -MAJOR GOVERNMENTAL TYPE FUNDS FOR THE YEAR ENDED SEPTEMBER 30, 2014 REVENUES Taxes Ad valorem Sales and use Other income Grants and contributions Rentals Interest earned Total revenues EXPENDITURES Operating: General government Promotions Contract services Capital Outlays: Debt Service: Principal retirement Interest expense Total expenditures Excess (deficiency) of revenues over (under) expenditures OTHER FINANCING SOURCES (USES) Transfers In (Out) -General Fund Transfers In (Out) "Utility Fund Total other financing sources (uses) Net change in fund balances Capital Debt Projects Service Fund Fund $ - $ 3921127 25,040 Community Development Corporation $ - 337,690 52,739 2,400 356 3,941 27,400 392,483 3945370 1,602 1,887 27,189 64,883 61,438 570,559 - - 270,125 79,000 - 175,773 59,834 5722161 447,785 292,344 Economic Development Corporation 3375690 2,086 30,000 2,599 372,375 21,675 27,130 179,551 66,537 23,473 318,666 Total Other Governmental Funds $ 392,I27 6753380 54,825 25,000 30,000 9,296 1,186,628 52,353 92,313 240,989 570,S59 415,662 259,080 I,630,956 (544,761) (55,342) 102,026 53,709 (444,328) 36,800 279,707 3165507 (228,254) (55,302) 102,026 53,709 36,800 279,707 316,507 {127,821) Fund balances beginning, October 1 {87,302} (4I5) 385,385 3655919 663,587 Fund balances ending, September 30 $ (315,556) $ (55,717) $ 487,411 $ 419,628 $ 535,766 COMPLIANCE AND INTERNAL CONTROLS SECTION Susan La Follett, CPA— Partner Rod Abbott, CPA— Partner and AbboLi PLLC Certi�iect Public Accountants INDEPENDENT AUDITOR'S REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WiTH GOVERNMENT AUDITING STANDARDS Ta the City Council City of Anna, Texas We have audited, in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the financial statements of the governmental activities, the business4ype activity, each major fund, and the aggregate remaining fund information of City Anna, Texas (the City), as of and for the year ended September 30, 2014, and the related notes to the financial statements, which collectively comprise the City's basic financial statements, and have issued our report thereon dated March 24, 2015. (nternal Control over Financial Reporting In planning and performing our audit of the financial statements, we considered the City's internal control over financial reporting (internal control) to determine the audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the City's internal control. Accordingly, we do not express an opinion on the effectiveness of the City's internal control. A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the entity's financial statements will not be prevented, or detected and corrected on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance. Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or, significant deficiencies. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses. However, material weaknesses may exist that have not been identified. 41 LaFoHett and Abbott PLLC PO Box 717 •Tom Bean, TX • 75489 903-546-6975 • www.lafollettcpa.corn Cornpliance and Other Matters As part of obtaining reasonable assurance about whether the City's financial statements are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. We noted certain matters that we reported to management of the City in a separate letter dated March 24, 2015. Purpose of this Report The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the entity's internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the City's internal control and compliance. Accordingly, this communication is not suitable for any other purpose. Tam Bean, Texas March 24, 2015 C�? Susan LaFollett, CPA— Partner Rod Abbott, CPA— Partner and Abbott PLLC Certified Public Accountants March 243 2015 To the City Council and Management of the City of Anna, Texas Subject: Management Letter In planning and performing our audit of the financial statements of the City of Anna, Texas (the City), for the year ended September 30, 2014, in accordance with auditing standards generally accepted in the United States of America, we considered the City's internal control over financial reporting (internal control) as basis for designing our auditing procedures for the purpose of expressing our opinion on the financial statements and not for the purpose of expressing an opinion on the effectiveness of the City's internal control. However, during our audit we became aware of matters that are an opporhrnity for strengthening internal controls and operating efficiency. The memorandum that accompanies this letter summarizes our comments and suggestions regarding these matters. This letter does not affect our report dated March 24, 2015, on the financial statements of the City. The recommendations should in no way be construed as derogatory towards management. We will review the status of these comments during our next audit engagement. We have already discussed these comments and suggestions with management, 1irther detail at your convenience, to perform any additional implementing the recommendations. Sincerely, LaFollett and Abbott, PLLC and we will be pleased to discuss it n i study of the matter, or to assist you in LaFollett and Abbott PLLC PO Box 717 •Tom Bean, TX • 75489 903-546-6975 www.lafollettcpa.com Management Letter Points Prior Year Recommendations • We recommend the City provide management for the Economic Development Corporation (EDC) and Community Development Corporation (CDC) with access and training for the City's accounting software. The EDC and CDC are currently recording checks and deposits on excel spreadsheets. New debt issuances, asset acquisitions, and other transactions are also handled outside of the City's finance department. Although cash transactions are periodically forwarded for recording in the City's accounting software, there remains a disconnect in knowing if all EDC and CDC transactions have been properly recorded. Status of Prior Year Recommendation -Resolved Although EDC and CDC transactions are not fully integrated with the City's, processes have improved and audit adjustments were minimal for these component units, so the matter is considered resolved. We recommend the City deposit new debt proceeds into the appropriate fund considering which fund will be obligated to repay the debt. Status of Prior Year Recommendation -Resolved Since the one new debt issuance in fiscal year 2014 was deposited into the fund that will repay the debt (Utility Fund), the matter is considered resolved. • We recommend the City perform more year-end reconciliation and closing procedures before audit fieldwork begins. Status of Prior 'Year Recommendation _ Recurring Much improvement was made by the City in reducing ilre total number of needed audit adjustments for fiscal year 2014. However, during audit fieldwork many significant balance adjustments were still being identified by the City for cash, due to and from other funds, and transfers in and out. These adjustments should be identified and posted by the City through more timely closing procedures. Current Year Recommendations • There are no new recommendations for fiscal year 2014. Management's Responses to Recurring rindings. • While the City's finance staff has made improvements to correct findings iden#ified in prior year audits, staff recognizes that we still have work to do when preparing audit adjustments at year end. Staff appreciates the recommendation from the auditor to continue to improve our year end audit preparation process. Through FY14, staff relied on internal resources with the support of an external accounting consultant. With the growth in the City's demand for services, both internal and external, a full time accountant II position was authorized in the FY15 budget. This position has been filled and staff is confident that preparation for the FY15 audit will be more complete and resolve the recurring recommendation to identify and post year end closing adjustments in a more timely fashion. Susan La Follett, CPA— Partner Rod Abbott, CPA— Partner a nd Abbott PLLC Certi€ied Public Accountants March 24, 2015 To the City Council of the City of Anna, Texas We have audited the financial statements of the govezx�mental activities, the business -type activities, each major fund, and the aggregate remaining fund information of the City of Anna (the "City"), for the year ended September 30; 2014. Professional standards require that we provide you with information about our responsibilities under generally accepted auditing standards, as well as certain information related to the planned scope and timing of our audit. We have communicated such information in our letter to you dated October 21, 2013. Professional standards also require that we communicate to you the following information related to our audit. Significant Audit Findings Qualitative Aspects of Accounting Practices Management is responsible for the selection and use of appropriate accounting policies. The significant accounting policies used by the City are described in Note A to the financial statements. No new accouunting policies were adopted and the application of existing policies was not changed during 2014. We noted no transactions entered into by the City during the year for which there is a lack of authoritative guidance or consensus. All significant transactions have been recognized in the financial statements in the proper period. Certain financial statement disclosures are particularly sensitive because of their significance to fmancial statement users. The most sensitive disclosure affecting the fmancial statements was: The disclosure of long-term debt in Note F to the financial statements. This disclosure provides detail of debt terms, fiiture payments, interest rates, and other information for each debt. The financial statement disclosures are neutral, consistent, and clear. Difficulties Encountered in Performing the Audit We encountered no significant difficulties in dealing with management in performing and completing our audit. Corrected and Uncorrected Misstatements Professional standards require us to accumulate all misstatements identified during the audit, other than those that are clearly trivial, and communicate them to the appropriate level of management. Attachment 1 summarizes uncorrected misstatements of the financial statements. Management has determined that their effects are immaterial, both individually and in the aggregate, to the financial statements taken as a whole. Attachment 2 summarizes misstatements detected as a result of audit procedures that were corrected by management. LaFollett and Abbott PLLC PO Box 717 •Tom Bean, TX • 75489 903-S4W-W97S www.lafoliettcpa.com Disagreements with Management For purposes of this letter, a disagreement with management is a financial accounting, reporting, or auditing matter, whether or not resolved to our satisfaction, that could be significant to the financial statements or the auditor's report. We are pleased to report that no such disagreements arose during the course of our audit. Management Representation We have requested certain representations from management that are included in the management representation letter dated March 24, 2015. Management Consultations with Other Independent Accountants In some cases, management may decide to consult with other accountants about auditing and accounting matters, similar to obtaining a "second opinion" on certain situations. If a consultation involves application of an accounting principle to the governmental unit's financial statements or a determination of the type of auditor's opinion that may be expressed on those statements, our professional standards require the consulting accountant to check with us to determine that the consultant has all the relevant facts. To our knowledge, there were no such consultations with other accountants. Othef• Audit Findings or• Issues We generally discuss a variety of matters, including the application of accounting principles and auditing standards, with management each year prior to retention as the governmental unit's auditors. However, these discussions occurred in the normal course of our professional relationship and our responses were not a condition to our retention. This information is intended solely for the use of City Council and management of the City and is not intended to be, and should not be, used by anyone other than these specified parties. Very truly yours, Tom Bean, Texas March 247 2015 ATTACHMENT 1 CITY OF NNA - FY2014 PASSED AUDIT ADJUSTING ENTRIES AJE# W1P REF: ACCOUNT # DESCRIPTION DEBIT 1 D-1.1 10-000-2100 Deferred Revenue -Taxes 2,975 10-40M100 Property Tax - Current CREDIT 2.975 2,975 21975 TO RECOGNIZE PROPERTY TAX REVENUE RECEIVED WITHIN 60 DAYS AFTER FISCAL YEAR-END. ATTACHMENT 2 CITY OF ANNA - FY2014 AUDIT ADJUSTING ENTRIES AJE# W/P REF: ACCOUNT # DESCRIPTION DEBIT CREDIT 1 A-29 60 000 1175 Anna Deferred Insuance Cost 72,101 60 000 3711 Fund Balance 72,101 72,101 72,101 TO REMOVE BOND ISSUANCE COSTS IN ACCRODANCE WITH GASB STATEMENT 65. 2 F-3 99-000-2724 99-000-2725 99-000-1712 Notes Payable EDC -Current Notes Payable EDC - Other than Current Amounts to be Provided - EDC 15,821 15,82 TO ADJUST EDC DEBT BALANCES TO MATCH BALANCES CONFIRMED BY THE DEBTOR. L 1,733 3 C-8 60-000-1500 Inventory 19,341 60-701-6336 Maint. & Repair- Water Meters 19,341 19,341 19,341 PROVIDED BY CLIENT TO PROPERLY RECORD INVENTORY AT YEAR END 4 F-2 60-000-2731 Bonds Payable -Current 80,000 60-000-2730 Bonds Payable - Other Than Current 801000 80,000 80,000 TO PROPERLY STATE CURRENT PORTIONS OF L-T WATER FUND DEBT 5 F-9 60-000-1660 Construction in Progress 167,856 60-701-6799 Misc Admin Expense 167,856 167,856 1673856 TO PROPERLY STATE GTUA RELATED CONSTRUCTION IN PROGRESS 89-000-1215 Receivables -Local Business Loans 34,711 89-000-2115 Deferred Revenue -Local Business Loans 52,711 89-825-5530 Interest Revenue 11347 89-825-5999 Revolving Loan Revenue 16,653 52,711 52,711 TO PROPERLY STATE CDC NOTE RECEIVABLE RELATED BALANCES, 7 D-8 10-000-1155 Accounts Receivable -Court 44,124 10-000-1199 Allowance for Bad Debt Court 42,305 10-000-2110 Deferred Revenue - Court 101860 10-552-5110 Court Fines 12,679 54,984 54,984 TO UPDATE COURT ACCOUNTS RECEIVABLE FOR FYI ACTIVITY. 8 H-2 GF 14-000-2001 Accounts Payable 19,718 10411-6753 Legal Expense 13,432 10-552-6753 Le al Expense 61286 19,718 19,718 WF 60-Q00-2001 Accounts Payable 61474 60-701-6753 Legal Expense 6,474 61474 61474 PRIOR YEAR AUDIT ADJUSTMENT THAT WAS NEVER REVERSED ATTACHMENT 2 CITY OF ANNA - FY2014 AUDIT ADJUSTING ENTRIES AJE# WIP REF: ACCOUNT # DESCRIPTION 9 C-3 GFAAG 98-Q00-1630 Machinery and Equipment 98-000-3711 Fund Bala ncellnvestment in Fixed Assets WF 69,743 69,743 60-701-6911 Machinery and Equipment 5,500 60-000-1630 Machinery and Equipment 51500 75,243 75,243 TO RECORD Y-E ASSET ADDITIONS AS PROVIQED BY CLIENT. 10 I-3 General Fund 10-000-1211 Receivables - Due From Developer" Lec 493 10-000-1201 Receivables - Due From Water Fund 493 10-000-1205 Receivables" Due From EDC Departme 848 10-000-1206 Receivables - Due From CDC Fund 85 10400-5499 Miscellaneous Revenue 763 CDC 89-000-1202 Receivables - Due from General Fund 238 89-825-6799 Other Services - Misc. 238 EDC 90-000-1202 Receivables - Due from General Fund 86 90-826-5499 Miscellaneous Revenue 86 11665 11665 TO PROPERLY STATE DUE TO / FROM OTHER FUNDS. 11 134 PBC Capital Projects Fund 50-000A 011 Cash 7973774 50-000-2101 Payable due to W&S 296,327 50-62&5801 Transfers in Water 81,341 50-628-9811 Transfer out Water 115,964 50-629-9811 Transfer out Water 15%330 50-634-9811 Transfer out Water 307,494 Water Fund 60-000A 013 Project Cash 797,774 60-000-1209 Receivables from Capital Projects 296,327 60-701-5804 Transfer in Capital Projects 81880 60-702-5804 Transfer in Capital Projects 159,330 60-705-5804 Transfer in Capital Projects 61699 60-701-9815 Transfers out Capital Projects 357,696 11692,468 11692,468 TO CORRECT THE VARIANCE WITH CASH, PBC. CITY OF ANNA, TEXAS Item NO. 7 City Secretary's use only City COuncil Agenda Staff Report Date: March 24, 2015 Staff Contact: Maurice Schwanke Exhibits: Yes AGENDA SUBJECT: Public Hearing. (2nd) For the City Council to hear public comment regarding the annexation of a tract of land in the Hiram Brinlee Survey, ABS 0030 generally located north of Foster Crossing Blvd. and on both sides of County Road 419 and adjacent to the city limits, containing approximately 64.1 acres of land more or less. SUMMARY: This is the second of 2 public hearings required when annexing land. This proposed involuntary annexation involves approximately 64.1 acres of land located north of Foster Crossing Blvd. on both sides of County Road 419. The land is currently used for agricultural purposes, A GCEC Electrical power substation, an industrial site with large pipe and pole storage and construction staging uses, the area is adjacent to the city limits on the west. Approximately 28 acres of the proposed annexation is slated to become a concrete batch plant owned by Tricycle Lane Texas LLC. This owner is also known as Burnco which has an approved Development Plat for their facility. Traversing the site will be a major Collector Street in 120' of right-of-way that has been reserved. STAFF RECOMMENDATION: Hold second public hearing INSTRUCTIONS TO NEWSPAPER: Please publish this Public Hearing notice at the next available date. Please bill the City of Anna. CITY OF ANNA SECOND PUBLIC HEARING ANNEXATION OF TERRITORY The City of Anna will hold a second public hearing on Tuesday, March 24t�', at 7:30 p.m. at the Community Room of the Anna City Hall Administration Building located at 111 North Powell Parkway (Hwy 5) regarding annexation of the following tract: A tract of land in the Guinn Morrison Survey, Abstract No. 559 and the Hiram Brinlee Survey Abstract No. 30 generally located north of Foster Crossing Blvd, and is traversed by County Road 419 and adjacent to the city limits, containing approximately 64.1 acres of land. The annexation consists of 4 parcels of land. Additional information regarding the annexation can be secured from the office of the Planning and Development Department, City of Anna, by phone at 972-924-2616, by mail at P. O. Box 776, Anna, TX 75409, or by personal inquiry at 3223 N. Powell Parkway, Anna, TX 75409. These public hearings are an opportunity for citizens of Alma to comment on the proposed annexation. Persons unable to attend the hearings may submit their comments in writing to the City Secretary, PO Box 776, Anna, TX 75409 or through personal deliver at the Ana City Hall Administration Building, 111 N. Powell Parkway, Anna, TX, 75409. �t ❑� a 0 0 .J W I- 7 O ,.; �n.n� CITY OF ANNA,TEXAS Item No. 8 a-b City Secretary's use only City Council Agenda Staff Report Date: Staff Contact: Exhibits: March Yes 24, 2015 Maurice Schwanke AGENDA SUBJECT: (a) Public Hearing: To consider public comments on a request by Anna 190 LLC, owner of property, requesting a zoning change regarding PD-281-2006 to aHow for wider but shorter lots while maintaining the same square footage on approximate 12.55 acres of land. The property is generally located east of Powell Parkway and south of County Road 367. (b) Consider/Discuss/Action regarding adopting an ordinance approving the requested zoning change regarding PD-281-2006 to allow for wider but shorter lots while maintaining the same square footage on approximate 12.55 acres of land. SUMMARY: The subject property is part of the area commonly known as Camden Parc a 57,48 acre tract located on the south side of CR 376 and southeast of Northpointe Crossing Subdivision. The tract is being developed as single family residential subdivision. The owner is requesting a revision to the existing PD to allow for wider but shorter lots on a portion (12.55 acres) of the tract. A significant open space tract used for drainage will be behind proposed lots in the area. This revision will allow for flexibility in the design of lots while maintaining a minimum of 7,200 square feet lots. The proposed ordinance is attached. The Planning and Zoning recommended approval of the zoning request at their meeting March 3rd, 2015, The vote was unanimous The Staff is in support of this request. . STAFF RECOMMENDATION: Approval of ordinance Please publish the attached in the legal section of the newspaper at the earliest possible date. Please send tear sheet, publisher's affidavit, and bill to the City of Anna. CITY OF ANNA PUBLIC HEARINGS ON ZONING CHANGES A public hearing will be conducted by the City Council of the City of Anna on Tuesday, March 24, 2015 at 7:30 p.m. at the Community Room of the Anna City Hall Administration Building located at 111 North Powell Pkwy (Hwy 5) Anna, Texas, to hear public comment regarding amendments to the City's Comprehensive Plan, the City's zoning map, and the City's Zoning Ordinance. The public hearing will respectively concern the City Council's consideration of an ordinance described as follows: AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY'S COMPREHENSIVE PLAN, ZONING MAP, AND ZONING ORDINANCE AND CHANGING THE ZONING OF CERTAIN PROPERTY AS DESCRIBED HEREIN; PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A PENALTY CLAUSE NOT TO EXCEED $2,000 OR THE HIGHEST PENALTY AMOUNT ALLOWED BY LAW, WHICHEVER IS LESS; AND, PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. The properties are currently zoned as PD Planned Development for residential uses. The owners of the property are requesting a change in the PD to allow for wider but shorter lots while maintaining the same square footage. The property is generally located east of Powell Parkway and south of County Road 367. The Planned Development being revised is PD-281-2006. Copies of the rezoning request, including a map of the property generally described above, are available for review during regular office hours at the office of the City Secretary, Anna City Hall, at 111 N. Powell Parkway, Anna, Texas. Written comments on the zoning requests/changes are welcomed and will be accepted until the time of the public hearings and may be presented at the hearings. Speakers at the hearings will be heard according to their order on a listing to be established for such purpose by the City Secretary. (Property rezoned under this ordinance is generally located west of County Road 427. and south of County Road 376) CITY OF ANNA, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY'S COMPREHENSIVE PLAN, ZONING MAP, AND ZONING ORDINANCE AND CHANGING THE ZONING OF CERTAIN PROPERTY AS DESCRIBED HEREIN; PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A PENALTY CLAUSE NOT TO EXCEED $2,000 OR THE HIGHEST PENALTY AMOUNT ALLOWED BY LAW, WHICHEVER IS LESS, AND, PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City of Anna, Texas ("City") has previously adopted ordinances, rules and regulations governing the zoning in the City, and WHEREAS, the City has received a requested zoning change on Property described in Exhibit A ("Property") attached hereto and incorporated herein for all purposes as if set forth in full; and WHEREAS, said Property generally located west of County Road 427 and south of County Road Number 376 is being rezoned from PD-281-2006 zoning to Planned Development (PD) Single Family Residential zoning, WHEREAS, the Planning and Zoning Commission of the City and the City Council of the City of Anna ("City Council") have given the requisite notices by publication and otherwise and have held the public hearings as required by law and afforded a full and fair hearing to all property owners and generally to all persons interested in and situated in the affected area and in the vicinity thereof, the City Council has concluded that the Zoning Ordinance of the City should be amended as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated The above recitals are incorporated herein by reference for all purposes. Section 2. Zoning Change The Zoning Ordinance of the City, City of Anna Ordinance No. 116-2003 as amended and codified as Part III-C of The Anna City Code of Ordinances are hereby amended by changing the zoning of the Property described_ in Exhibit A from PD-281-3006 to Planned Development (PD) zoning. The Planned Development (PD) zoning regulations limit the use of the Property or any part thereof to those permitted in the Single Family Residence District (SF42) Development Standards or more restrictive as set forth below and all unspecified regulations shall conform to the standards set forth in the City's Zoning Ordinance as it currently exists or may be amended). 1 1. PLANNED DEVELOPMENT — PD-72 Residential: 1.1 General Description: The Property identified on the attached Exhibit "A" is intended to accommodate residential and neighborhood convenience development in the City of Anna. The residential uses for the land identified on the Concept Plan shall be developed in accordance with the "SF-72 — Single Family District" regulations of the City of Anna Zoning Ordinance as presently exist or as they may be amended. 1.2 PD-72 Development Standards: a. Building_and Area Requirements: The following development standards shall pertain to residential uses, as outlined above, developed within the PD-72 areas: i. Minimum Floor Area —The minimum floor area per dwelling unit shall be one thousand eight hundred (1,800) square feet. ii. Lot Area —The minimum area of any lot shall be seventy-two hundred (7,200) square feet. so lie Lot Coveraue — In no case shall more than sixty (60) percent of the total lot area be covered by the combined area of the main buildings and accessory buildings. Swimming pools, spas, decks, patios, driveways, walks and other paved areas shall not be included in determining maximum lot coverage. iv. Lot Width.minimum width of any lot shall be fifty (50) feet measured at the front building line, except for lots at the terminus of a cul-de-sac, on a corner or along a curve may have a width of forty-five (45) feet at the front building line, provided all other requirements of this section are fulfilled. v. Lot Depth —The minimum depth of any lot shall be one hundred (100} feet, except for lots at the terminus of a cul-de-sac, on a corner or along a curve may have a minimum lot depth, measured at mid -points on front and rear lot lines, of ninety (90) feet; provided all other requirements of this section are fulfilled. vi. Front Yard —The minimum depth of the front yard shall be twenty-five (25) feet. Coveted drives (no carports), garages and porte-cocheres that are architecturally designed as an integral element of the main structure may extend up to five (5) feet from the established front building line into the front yard area. vii. Side Yard —The minimum side yard shall be five (5) feet. The side yard adjacent to a street shall be ten (10) feet. viii. Rear Yard —The minimum depth of the rear yard shall be twenty-five (25) feet. F 2.2 Conformance to all applicable articles of the Anna Zoning Ordinance: Except as amended herein, this PD shall conform to any and all applicable articles and sections of the Anna Zoning Ordinance as it presently exist or may be amended. 2.3 General Compliance: Except as amended by this Ordinance, development of property within this PD must comply with the requirements of all ordinances, rules and regulations of the City of Anna as they exist or may be amended. Section 3. Official Zoning Map The official Zoning Map of the City shall be corrected to reflect the change in zoning described herein. Section 4. Savings, Repealing and Severability Clauses It is hereby declared to be the intention of the City Council that the words, sentences, paragraphs, subdivisions, clauses, phrases, and provisions of this ordinance are severable and, if any phrase, sentence, paragraph, subdivision, clause, or provision of this ordinance shall be declared unconstitutional or otherwise invalid or inapplicable by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality, invalidity or inapplicability shall not affect any of the remaining words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional, invalid or inapplicable words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions. Further, all ordinances or parts of ordinances in force when the provisions of this ordinance become effective that are consistent and do not conflict with the terms and provisions of this ordinance are hereby ratified to the extent of such consistency and lack of conflict, and all ordinances or parts of ordinances in force when the provisions of this ordinance become effective that are inconsistent or in conflict with the terms and provisions contained in this ordinance are hereby repealed only to the extent of any such conflict. Section 5. Penalty Any violation of any of the terms of this ordinance, whether denominated in this ordinance as unlawful or not, VW 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 day a violation exists is considered a separate offense and will be punished separately. 3 Publication of the Caption and Effective Date This ordinance shall be effective upon its passage by the City Council, approval by the Mayor, and posting and/or publication, if required by law, of its caption. The City Secretary is hereby authorized and directed to implement such posting and/or publication. PASSED by the City Council of the City of Anna, Texas this day of Z014. ATTESTED: Natha Wilkison, City Secretary APPROVED: Mike Crist, Mayor 12.55 Acres Being all that lot, tract or parcel of land situated in the J. C. Brantley Survey, Abstract Number 114,in Collin County, Texas and being a part of a 57.48 acre tract of land described in a deed to SHG Land Investments of Anna Five, LTD., as recorded in County Clerk's Instrument Number 20060524000707160 of the Deed Records of Collin County, Texas, and the subject tract being more particularly described as follows; BEGINNING at a 2' iron rod found for the most Southerly Southeast corner of said SHG Land Investments of Anna Five, LTD., tract and being in the North line of a tract of land described in a deed to Anna Economic Development Corp, as recorded in Volume 5813, Page 2769 Deed Records, Collin County, Texas; THENCE South 76 degrees 52 minutes 55 seconds West, with the North line thereof and the South line of said SHG Land Investments of Anna Five, LTD., tract, a distance of 270.96 feet to a point for corner; THENCE North 24 degrees 18 minutes 33 seconds West, a distance of 195.28 feet to a point for corner; THENCE North 29 degrees 19 minutes 41 seconds West, a distance of 168.19 feet to a point for corner; THENCE South 60 degrees 40 minutes 19 seconds West, a distance of 82.82 feet to a to a point for corner; THENCE North 29 degrees 05 minutes 06 seconds West, a distance of 119.95 feet to a to a point for corner; THENCE North 60 degrees 54 minutes 54 seconds East, a distance of 18.91 feet to a to a point at the beginning of a curve to the left having a radius of 225.00 and a chord bearing and distance of North 52 degrees 44 minutes 11 seconds East, 64.02 feet; THENCE with said curve an arc distance of 64.23 feet to a point for corner; THENCE North 29 degrees 19 minutes 41 seconds West, a distance of 51.66 feet to a to a point for corner; THENCE South 45 degrees 51 minutes 29 seconds West, a distance of 18.31 feet to a to a point at the beginning of a curve to the right having a radius of 175.00 feet and a chord bearing and distance of South 53 degrees 23 minutes 12 seconds West, 45.86 feet; THENCE along said curve and arc distance of 45.99 feet to a point for corner; THENCE South 60 degrees 54 minutes 54 seconds West, a distance of 31.06 feet to a to point at the beginning of a curve to the right having a radius of 775.00 feet and a chord bearing and distance of South 61 degrees 56 minutes 32 seconds West, 27.79 feet; THENCE along said curve an are distance of 27.79 feet to a point for corner; THENCE North 74 degrees 28 minutes 12 seconds West, a distance of 13.53 feet to a to a point for corner; THENCE North 29 degrees 51 minutes 19 seconds West, a distance of 14.67 feet to a to a point at the beginning of a curve to the left having a radius of 425.00 feet and a chord bearing and distance of North 50 degrees 21 minutes 01 seconds West, 297.61 feet; PAGE 1 OF 3 SURVEYING 1720 WESTh11N5TER DENTON, TX 7 6205 RP .L.S. KENNETH A. ZOLLINGER THENCE along said curve an arc distance of 304.05 feet to a point for corner; THENCE North 70 degrees 50 minutes 42 seconds West, a distance of 20.47 feet to a to a point for corner at the beginning of a curve to the right having a radius of 175.00 feet and a chord bearing and distance of North 54 degrees 06 minutes 56 seconds West, 100.75 feet; THENCE along said curve an arc distance of 102.19 feet to a point for corner; THENCE North 37 degrees 23 minutes 10 seconds West, a distance of 173.97 feet to a to a point at the beginning of a curve to the left having a radius of 225.00 feet and a chord bearing and distance of North 53 degrees 21 minutes 08 seconds West, 123.78 feet; THENCE along said curve an arc distance of 125.40 feet to a point for corner; THENCE North 20 degrees 40 minutes 53 seconds East, a distance of 177.00 feet to a point for corner; THENCE South 89 degrees 57 minutes 48 seconds East, a distance of 192.86 feet to a point at the beginning of a curve to the right having a radius of 740.00 feet and a chord bearing and distance of South 58 degrees 56 minutes 52 seconds, 762.60 feet; THENCE along said curve an arc distance of 801.16 feet to a point for corner; THENCE South 27 degrees 55 minutes 55 seconds East, a distance of 148.69 feet to a point at the beginning of a curve to the left having a radius of 860.00 feet and a chord bearing and distance of South 42 degrees 38 minutes 50 seconds East, 436.90 feet; THENCE along said curve an arc distance of 441.74 feet to a point in the South line of said SHG Land Investments of Anna Five, LTD., tract and the North line of said Anna Economic Development Corp.; THENCE South 33 degrees 19 minutes 54 seconds West, with the common line thereof a distance of 186.22 feet to the PLACE OF BEGINNING and enclosing 12.55 acres of land more or less. PAGE20F3 tia SURVEYING 1720 WESTMINSTER OENTON. TX 76205 KENNETH A. ZOLUNGER D arn O �^ NORTH 7N��t�i Tl O o AOm m�" o0 :O G z rn Noz mMQ / z e,Onrt i/ O coc im - rt � O GRFkDVIEV:. Ica• novrt o > C , m m� O a I SN Oj GOO -,a OOm o 0 „ z D O O c > z n m$ � m p I i Nm oOm r ?(A n m -a NO rps N-i� pn X m ? O rr- my = F NO40* � omCo J m 0) NO m .vi 2 m': .� ]�nl [ •- LA O D D O N b O G ONzzOmm y �y. v $ o y6 m nfiNrn 0��6 L` W o O — 0000 ('�� Yi (('' �000 -��' p"e� - try 6 m A v, (.rO= O y m g p C 2 ma-yzm0� ne -"-Ozo u �8�'z O7N O N p O V U A A z l y mOy (Jr N A V l0 N n V o > amoay�`4 w, m , z op(� m O ?mtip0 OOi A N V N V V N V 2 0 p t a O O O D U U U y U 4 y Y' O 000000 fj O00 p4�44pp4y y N o N a00V O7S ZM> Onow zpp-, 4 O* aAi O I OOv nN O'(nt — .^i Z { 9G2� . mm0 OmtiAn O G z �7� �8omo� �otoZo t m OtiN t o. Nod tA' m N m p1 (n 0wz(�z(�z(nw((n�z0 N W W L O W N O £ �ZS nr I OO CZO w v,, �rnN+mwaO qg�'� E6 O" v_`nSo N O z-, u�OOm m m** z. m m Q N O N z z m m f m o y w m N o v fn $ Cl N W O V vm (nQ,n oom(vi,m(q 1^t X om o c O piny !8 0 O in- G 2 m ,", �' S ��• N o Oso•7y 4 29'tG0 CO. R . 426 v_ O Z 3.£S,toxo s o lz a o OCOUNTY ROAD 427 A om j yr9�u o / I t I t-i�l HMI -I -I I I L CITY OF ANNA, TEXAS Item No. 9 ta - b City Secretary's use only City Council Agenda Staff Report Date: March 24, 2015 Staff Contact: Maurice Schwanke Exhibits: Yes AGENDA SUBJECT: a) Public Hearing: To consider public comments on a request by J A Ventures LLC, owner of property, requesting a zoning change from SF-1 to (PD) Planned Development for Downtown Re -development on approximate 1.435 acres of land. The subject property is generally located west of Powell Parkway between Third (3rd) street and Second (2nd) street. The Planned Development being revised is PD-666-2014. (b) Consider/Discuss/Action regarding adopting an ordinance approving the requested zoning change to (PD) Planned Development for Downtown Re -development on an approximate 1.435 acres of land. SUMMARY: The City has received a request for a rezoning of three parcels of land located at 205 North Powell Parkway (Hwy 5) and 305 - 313 West Second Street. The tracts are contiguous to each other and include the entire block. Together the total size is of the request is an approximate 1.435 acres of land. This application is by the same owner of the tracts to the north on the adjacent block. The request is identical to what was approved on August of 2014 the City Council. The City staff has been working on a Downtown Redevelopment Plan along with a Downtown Advisory Group to develop and recommend plans and ordinances to implement an overall strategy that will make redevelopment in the Downtown more conducive. The strategy includes such things as reduced setback, reduced parking requirement and the ability to utilize public right-of-ways for public improvements. This request fits with that vision. The request is for downtown uses that are appropriate with parking and setback regulations that would be in keeping with the vision and in line with other requests the City has approved in the past in the downtown area. The proposed zoning is in Keeping with Anna's Comprehensive Plan by meeting the goal to make the downtown more sustainable by providing places to work, live and play in close proximity. It is anticipated that when this development occurs as well as others that they could be a catalyst for other developments in the area. The Planning and Zoning recommended approval of the zoning request at their meeting March 3rd, 2015. The vote was unanimous STAFF RECOMMENDATION: Approval of zoning ordinance Please publish the attached in the legal section of the newspaper at the earliest possible date. Please send tear sheet, publisher's affidavit, and bill to the City of Anna. CITY OF ANNA PUBLIC HEARINGS ON ZONING CHANGES A public hearing will be conducted by the City Council of the City of Anna on Tuesday, March 24, 2015 at 7:30 p.m. at the Community Room of the Anna City Hall Administration Building located at 111 North Powell Pkwy (Hwy 5) Anna, Texas, to hear public comment regarding amendments to the City's Comprehensive Plan, the City's zoning map, and the City's Zoning Ordinance. The public hearing will respectively concern the City Council's consideration of an ordinance described as follows: AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY'S COMPREHENSIVE PLAN, ZONING MAP, AND ZONING ORDINANCE AND CHANGING THE ZONING OF CERTAIN PROPERTY AS DESCRIBED HEREIN; PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A PENALTY CLAUSE NOT TO EXCEED $2,000 OR THE HIGHEST PENALTY AMOUNT ALLOWED BY LAW, WHICHEVER IS LESS; AND, PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. The properties are currently zoned as SF-1 & PD. The owners of the property are requesting a change from SF4 & PD to (PD) Planned Development for Downtown Re -development. The property is generally located west of Powell Parkway between Third (3ra) street and Second Street. The Planned Development being revised is pd-666-2014. Copies of the rezoning request, including a map of the property generally described above, are available for review during regular office hours at the office of the City Secretary, Anna City Hall, at 11 N. Powell Parkway, Anna, Texas. Written comments on the zoni H1ng requests/changes are welcomed and will be accepted until the time of the public hearings and may be presented at the hearings. Speakers at the hearings will be heard according to their order on a listing to be established for such purpose by the City Secretary. CITY OF ANNA, TEXAS ORDINANCE NO. "Planned Development" ("PD") --- North Powell Parkway AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY'S COMPREHENSIVE PLAN, ZONING MAP, AND ZONING ORDINANCE AND CHANGING THE ZONING OF CERTAIN PROPERTIES AS DESCRIBED HEREIN; PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A PENALTY CLAUSE NOT TO EXCEED $2,000 OR THE HIGHEST PENALTY AMOUNT ALLOWED BY LAW, WHICHEVER IS LESS; AND, PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the owner of the property described in Exhibit A attached hereto has requested a certain zoning for said property; and WHEREAS, this property is within and considered as part of the Downtown Redevelopment District; and WHEREAS, Design expectations are established to create and achieve a vibrant, livable, walkable, economically viable and sustainable community. Through these design expectations the city's physical form is shaped, giving it personality and enhancing its character. The design expectations have been built upon best practices and industry standards for contextual design. WHEREAS, the Planning and Zoning Commission of the City of Anna and the City Council of the City of Anna have given the requisite notices by publication and otherwise and have held the public hearings as required by law and afforded a full and fair hearing to all property owners generally and to all persons interested in and situated in the affected area and in the vicinity thereof, the City Council of the City of Anna has concluded that the Zoning Ordinance of the City of Anna should be amended as follows: NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: Section 1. The Comprehensive Zoning Ordinance of the City of Anna, Texas, is amended by changing the zoning on the land described in Exhibit A from "SF-1" and "PD" to "PD — Downtown Redevelopment District". The Planned Development shall include the following elements: 1 Permitted Uses (a) SALES Al SERVICES. (1) Antique Store (2) Art Supply Shop (3) Bakery Shop (4) Barber Shop (5) Bicycle sales and repairs (6) Beauty shop (7) Book store (8) Computer and computer supply sales (9) Copy services (14) Day spa and salon (15) Delicatessen (16) Department store (17) Drug store (18) Dry-cleaning/Laundry establishments (19) Fitness/work out gym (20) Firearms & Accessories, retail sales (21) Florist (22) Food markets, grocery / convenience store (23) Gift shop (24) Health food store (25) Hobby shop (26) Ice cream & candy store (27) Internet or Cyber Cafe (28) Jewelry Shop / Sales (29) Magazine and news stores (30) Music and video stores (31) Night Club (32) Office supply stores (33) Pet & Supply stores (34) Photographic stores / studio / supply (35) Radio and Broadcasting Studios (36) Restaurant (37) Shoe sales / repair shop (38) Sporting goods stores (39) Stationery stores (40) Tailors (41) Travel agencies (42) Tobacco / Smoke shop (43) Toy stores (44) Variety stores (45) Watch and clock sales and services (b) SERVICES PERSONAL AND PUBLIC (1) Bank (2) Banquet Hall (3) Business school (4) Credit union 2 (5) Library (6) Lodge, club, and fraternal organizations (7) Massage Therapy Services (8) Martial arts instruction (9) Municipal Buildings or Facilities (10) Offices: a. Administrative b. Business c. General d. Medical (11) Incidental storage and office uses, provided such uses are incidental to the retail sale of products on the premises. (10) Radio and TV broadcasting studios and offices (11) Reading room (12) Financial services and title companies (13) Meeting halls. (c) CULTURAL USES (1) Art supply stores and galleries (2) Artist, music and dance studios (3) Performing arts theater (d) Any use not specifically listed above shall be allowed subject to determination by the City Manager or his designee. 2 Specific Permitted Uses (a) RESIDENTIAL (1) Mixed Use projects including Multi -Family Apartments and Condominium. Residential units above first floor retail/office/restaurant. (2) Additional uses requiring a Specific Use Permit shall be allowed subject to determination by the Director of Planning and Development. 3 Property Development Standards The following property development standards shall apply to all land and structures in this "PD" Planned Development District. (a) LOT AREA. No minimum area. (b) LOT DIMENSIONS. No minimum dimensions. (c) POPULATION DENSITY. None. �a (d) BUILDING HEIGHT. Newly constructed buildings will be a minimum of 2 stories, or 20 feet in height, whichever is the greater height. (e) YARDS. To insure pedestrian scale development, the minimum front set back in the PD shall be 10 feet, and the maximum front set back shall be 15 feet from the primary street frontage. Where building design elements and articulation require greater than a 20 foot setback, the area between elevations/walls and the ROW shall be landscaped and/or include elements of architectural design suitable for pedestrian scale -development and not be used for vehicular parking. The ROW from which the yards are established will be the Ultimate ROW of Powell Parkway as established by TXDOT.. (f) SPACE BETWEEN BUILDINGS. No requirements. (g) LOT COVERAGE. Up to 100% of the lot area may be developed. (h) FENCES, HEDGES, AND WALLS. Fencing to be ornamental iron or tubular steel, alternate materials may be approved by the City Manager or his designee. No chain linked fencing will be allowed. (i) Utilization of Outdoor Area in Conjunction with a Restaurant (1) General Requirements a. An outdoor dining area shall be associated with a restaurant, as defined by the Anna Code and shall be located adjacent to the main structure in which the restaurant is established. The hours of operation for the proposed outdoor dining facility shall be consistent with those of the associated main establishment. b. When a barrier delineates an outdoor dining area, the confined area will be subject to the International Building Code occupancy load standards, c. An outdoor dining area may be located within the public right -of --way. An encroachment permit with the City Manager or his designee will be required if the proposed outdoor dining area intrudes into the public right- of-way. d. The proposed outdoor dining facility must comply with all applicable City of Anna, American with Disabilities Act (ADA), and adopted International Building Code requirements. !3 (2) Design Guidelines a. Barriers: 1. A barrier delineating the outdoor dining area will be required in the following scenarios: a. If alcohol is served at the main establishment (pursuant to State of Texas, Alcohol Beverage Control requirements). 2. There shall be a forty-eight inch (48") clear path maintained at all times to accommodate ADA standards. This clear path will be measured from the face of curb toward the building face and will not include vehicular overhang for perpendicular and angular parking when present. 3. The defining perimeter barrier shall be a minimum of three (3) feet and maximum of four (4) feet in height. 4. Barrier color, material and architectural theme shall be complementary to the associated main structure. 5. Landscape architecture (i.e. potted plants, planter boxes, hedges, etc.) may be considered on a case -by -case basis as an acceptable barrier. 6. Barriers shall be arranged to allow adequate ingress and egress in accordance with the American Disability Act (ADA), Anna Code and building code requirements. 7. Barriers shall not impose any damage to the public sidewalk. Any damage which occurs during construction shall be repaired in accordance with City of Anna Public Works Standards, at the owners/applicant's expense. 8. When the outdoor dining area is being utilized for sales, service and consumption of alcoholic beverages, the designated area shall be under continuous supervision at all times by the restaurant staff. 9. 10. Latticework materials and construction shall be architecturally compatible with the associated establishment as determined by the physical attributes of the built environment. 11. Awnings shall be architecturally compatible with the main building, as determined by the physical attributes of the built environment. b. Patio Furniture 1. Tables and chairs shall be removable unless otherwise approved by the City Manager or his designee. 2. Space heaters and/or heat lanterns may be provided so long as the use and operation of any such heater is in compliance with all 5 3 applicable building and fire codes and does not present a threat to the health, safety, and welfare of the public. Umbrellas shall be removable and spaced appropriately to provide for adequate pedestrian access. Signs, if proposed, shall comply with the City's Sign Ordinance. Dumpsters and Poly Cart Trash Receptacles or storage areas shall not be located within the outdoor dining area or adjacent to the public right-of-way. c. Decorative Framing and Overhead Latticework 1. The outdoor dining area shall be open on three (3) sides and maintain ninety (90%) percent transparency to the outdoor elements unless bounded by permanent structures (Figure 1). FIGURE 1 SABLE AREA WITH SIDE BOUNDARY ��OW LINE LLI O'SETBACK STREET `-USABLE AREA WITH SIDE BOUNDARY 2. Latticework materials and construction shall be architectLu•ally compatible with the main establishment associated, as determined by the physical attributes of the built environment. C 4 Design Characteristics & Urban Form The following additional property development standards shall apply to all structures and projects in the "PD" Planned Development District. (a) Design Expectations (1) No structure shall be built or altered, including exterior changes in color, materials, and signage except upon approval of the City Manager or his designee. (2) All businesses, services, and other primary activities shall be conducted within a completely enclosed structure, except for parking and loading spaces. Rooftop restaurants with outdoor dining or ground level outdoor dining are the exception. (3) For new construction the building frontage must occupy 80% of the length of the primary lot line within the phase of construction, with a maximum front set back of 15', except if it is served by features such as outdoor eating area, plazas, arcades, etc. (4) The area between 2' to 8' of the primary building frontage shall consist of a minimum of 50% transparent elements. (5) A primary building entrance shall be maintained on the ground floor of the primary building frontage or facade. (6) An unobstructed view at street intersections is necessary for the safety of pedestrian and approaching vehicles traveling on City streets. The unobstructed view corridor may be modified based upon the existing condition of a specific location condition as determined by the City Manager or his designee. (7) Other design features: a. Marquees over entrances or covered entrance canopies not more than ten feet in width may extend from entrances to the abutting sidewalk. b. Pedestrian oriented signage. (See 6 Sign Standards) c. Outdoor pedestrian level lighting on building frontages. d. Sidewalk — Maintain minimum width along the pedestrian right-of-way, including meeting minimum ADA standards. (8) Maximum Residential Units per Acre; Multi-Family/Condominium. a. Density may be up to 32 units per acre if. (1) Non-residential uses comprise a minimum of 10% of the gross floor area of the development or (2) Non-residential uses are contained on 100% of the first floor of the primary street frontage of the same structure with residential uses. b. If residential portions are constructed prior to the non-residential components of the development, a maximum of 24 units per acre shall be constructed prior to construction of the non-residential component. c. In no event shall the multi -family or condominium uses occupy the primary street frontage (Powell Parkway). (9) Schedule of Minimum Square Footage for Residential Uses 7 Table 1 E ?, o � � U� cct Minimum 900 sq. ft. 750 average Living per trait minimum sq. ft. Area (10) Building Materials. Standards shall apply to both Residential and Non-residential buildings. a. Exterior: Brick, stone, cast stone, Exterior Insulation and Finish System (EIFS - but not less than 15 feet above grade), stucco, and architectural (not construction grade). b. Roofing: Flat roofs shall be concealed with parapets. Pitch roofs, if provided, shall have a minimum pitch of 9/12. Gable roofs, if provided, shall have a minimum pitch of 6/12. Asphalt shingles, industry approved synthetic shingles, standing seam metal or the roofs are allowed (11) Trash &Mechanical Equipment. The provisions of Part III C Section 40 of the Anna Code, Screening of Mechanical Equipment shall apply. (12) Awnings and Overhanging Eaves. May be permitted to project into the public right -of --way along the street frontage, provided the following conditions are met: a. Awnings or overhanging eaves shall not project closer than 4 feet from the face of the curb. b. Awnings or overhanging eaves shall provide a minimum of 9 feet clearance above grade and comply with building code requirements (Figure 2). c. No poles or supporting columns are allowed within the street right -of --way. d. The following materials are approved for the construction of awnings and overhanging eaves: industry accepted metal, canvas and woven vinyl. t3 FIGURE 2 STREET R.O.W. (WILL VARY) (13) Landscape and Screening Standards. The landscaping and screening standards as described H, Part III-E, Landscape Regulations, shall apply with the following exceptions: a. Minimum Width of Landscape Setback. Minimum Width of Landscape Setback, shall not apply. b. Street Trees. Street trees shall be required along all public street frontages. (1) A minimum 12 feet streetscape from the back of curb shall be required. If the required right -of way dedication is less than 12 feet from the back of curb to the property line, the additional area shall be provided on private property through a landscape easement. (2) Streetscape shall include a minimum 4 feet wide strip for street trees or planters and a minimum 8 feet wide sidewalk(Figure 3). If trees are planted adjacent to the street at the back of the curb, a vertical root barrier is required to keep pavement from cracking. FIGURE 3 �10'SETBACK OW LINE STREET W a ULTIMATE ROW OF POWELL PKWY. ESTABLISHED BY TXDOT SIDE STREET (3) Street trees shall be a minimum 7 feet in height and 3-inch Caliper (as measured 12-inches above grade) at time of planting. (4) Street trees shall be limited to the following species: Live Oak Quercus fusiformis Cedar Elm Ulmus crassifolia Chinese Pistachio Pistacia chinensis Chinquapin Oak Quecus muhlenbergii Winged Elm Ulmus alata Lacebark Ulmus parvifolia Shumard Oak Quercus shumardii (5) (6) Street trees shall generally be spaced at 30 feet on center, but in no case greater than 40 feet apart. Ti] 5 Access and Parking Requirements (a) OFF-STREET PARKING (1) a. Anna Code Part III C apply. Instead, the following apply. Section 38, Parking Space Regulations shall not Schedule of Off-street Parking Standards shall Schedule of Off -Street Parking Number of A. RESIDENTIAL parking Required for Each Spaces Apartment 1 Dwelling Unit B. NON-RESIDENTIAL The non-residential parking standard shall be one-third of the standard required by Anna Code Part III C Section 38. b. When parking is provided, required parking spaces for the disabled shall be provided for in accordance with TDLR regulations. c. Parking can be built as a private improvement in public right -of --way. (2) Vehicular access shall be provided from any frontage other than the primary frontage, where available. (3) Driveways located on the same project site shall be a minimum of 100 linear feet apart from each other. 6 Sign Standards (a) Signs, General. (1) General business signs shall be allowed as provided for in Anna Code Part III-D, Sign Standards. (2) All use of florescent lighting is prohibited. (3) No flashing or running light signs shall be allowed. (4) No pole signs shall be allowed. (5) No banners, except for grand openings and as permitted Anna Code Part III-D Sign Standards shall be allowed. (6) No painted wooden signs. (7) No solid acrylic or vinyl face can or box sign shall be permitted. 11 (8) Any internally lit sign not in working order shall be repaired, turned off, or removed within 72 hours of the malfunction; and, at no time shall a sign's internal lighting or internal structure be exposed unless it is actively under repair. (9) Neon lighting is allowed only under the following conditions: (a) Location: The use of neon lighting is only allowed when used to enhance the architectural character of that historical building. (b) No neon is allowed to outline buildings or windows of a building. (b) Wall Signs (Figure 4). Figure 4 4�12lI �i� • I ted I r6 I�a� 12 fiE- atvc 5C4AC, . local✓ed h �4,�er if ' 1Mx 45 =CFO ft -!- 50% for eac4 ytwy a}� g{pti�5 4tYtz 20DS2••tt MaK (1) Maximum square footage: 40 square feet when the bottom of the sign is located at least 12 feet or higher above grade, and 20 square feet if less than 12 feet above grade. The maximum size may increase by 50% for each story above 3 stories to a maximum of 200 square feet. (2) Maximum height: Not to exceed height of structure (3) Maximum width: None (4) Distance above grade: (See maximum square footage note) 12 (5) Lighting: Internal or external (See additional requirements note) (6) Spacing: Minimum 10 feet distance between wall signs (excluding building identification sign or directory sign) (7) Time limit: None (8) Permitted on -site: One per occupancy, per street frontage (9) Permitted in right -of --way: No (10) Additional requirements: One wall mounted sign, not exceeding 10 square feet in area, is permitted on any side or rear entrance which is open to the public. Such wall signs may only be lighted during the operating hours of business. (c) Blade and hanging signs, including graphic or icon signs, mounted perpendicularly to the wall (Figure 5). (1) Maximum square footage: 6 square feet (2) Maximum height: None (3) Maximum width: 3 feet (4) Distance above grade to bottom of sign: 8 feet or higher (5) Lighting: None permitted (6) Spacing: Minimum 15 feet distance between signs (7) Time limit: None (8) Permitted on -site: One per occupancy (9) Permitted in right -of --way: No (10) Additional requirements: (a) The height of the top edge of the signboard shall not exceed the height of the wall from which the sign projects, if attached to a single story building, or the height of the sill or bottom of any second story window, if attached to a multi -story building. (b) The sign shall be attached in such a manner as to prevent swinging. 13 Figure 5 'rod � � ..3 y� �''---- OT Fcee'� O[ Aem wau r m ,�* ik �YYo5 Orgrsoef q�� "oi�oMt l ' Gvklci,,,,�ttE� fA�j/ Ct.AN �1Qt1 tt ' ACLAA C� f 4v 1 L • AAxtmvV4 Area = t !;$s 14 (d) Projecting Signs (Auto -Oriented) (Figure 6). Awto-6rienta J ° ®we Per bwI ins g uiw+wlM area = 36 sy C (1) (2) (3) (4) (5) (6) XOJ Figure 6 Maximum square footage: 36 square feet Maximum height: None Maximum width: 3 feet Distance above grade to bottom of sign: 8 feet or higher Lighting: Internal Spacing: N/A Time limit: Not Permitted on -site: One per building (9) Permitted in right -of --way: May project over the public right -of way no more than 4 feet, and may be subject to an easement use agreement at the discretion of the Department of Public Works. (10) Additional requirements: The depth of the sign can/cabinet shall not exceed 6 inches. 15 (e) Building Identification Signs (Figure 7). Figure 7 vuilciin5 I ntiP aTi Oye Vey 6 111 III C hi56ff aboj yidewalk level Maximum e ® Max kto 0 legs (1) Maximum square footage: 25 square feet (2) Maximum height: None (3) Maximum width: None (4) Distance above grade: 12 feet or higher (5) Lighting: Internal (6) Spacing: None (7) Time limit: None (8) Permitted on -site: One per building face (9) Permitted in right -of --way: N/A (10) Additional requirements: a. Maximum height of 24 inches for letters or logos. b. Applied letters shall be constructed of painted cast metal, bronze, brass, or black anodized aluminum. Applied plastic letters are not permitted. (f) Awning Signs (for ground floor uses only)(Figure 8). °�J Fv1diN{ 14+ t`,A�XiwlUwti dyed=2�s-4t Per btllHire, r 4a Figure 8 Nfir a ��t� (1) Maximum square footage: 20 square feet (2) Maximum height: None (3) Maximum width: None (4) Distance above grade: 9 feet or higher (5) Lighting: Not permitted (6) Spacing: None (7) Time limit: None C1 G WALL �al�ta (8) Permitted on -site: One per occupancy; per building face (9) Permitted in right -of --way: N/A (10) Additional requirements: AtAX11I$1 �U51YIG55 • laca�"ec� oh V��Y��. " let�rrn� �l,a.�l NoE' �xCeer� 8 x. (a) If acting as the main business sign, it shall not be in addition 17 to a wall -mounted sign. (b) If acting as an auxiliary business sign, it shall be located on the valance only, and the height of the lettering shall not exceed 8 inches. (c) The following construction materials are approved: industry accepted metal, canvas and woven vinyl. (g) Bung Directory Signs (Figure 9). Figure 9 hrl,.ME; a� DUII DIMG ' Shad be (oca�"ed near ehir6y'cc + IWIt ci ko one • • Maximum aYea=Ss•(t• (1) Maximum square footage: 8 square feet (2) Maximum height: None (3) Maximum width: None (4) Distance above grade: No (5) Lighting: Internal (6) Spacing: None (7) Time limit: None (8) Permitted on -site: One per entrance; shall be located next to the entrance (9) Permitted in right -of --way: N/A (10) Additional requirements: 110 a. The sign shall project out from the wall to which it is attached no more than 6 inches. b. The sign shall not extend above the parapet, eave or building faYade. (h) Painted Wall Murals. May be permitted provided special conditions are met. (1) Maximum square footage: 100% of wall area (2) Maximum height: N/A (3) Maximum width: N/A (4) Distance above grade: N/A (5) Lighting: External (6) Spacing: None (7) Time limit: None (8) Permitted on (9) Permitted in right -of --way: N/A (10) Special Conditions: a. Murals shall be painted with a weather resistant paint. b. No portion ofthe mural shall be used to advertise a specific product or service. The mural may display the name or logo of Lite onsite tenant or an event within the district area. c. The name or logo displayed shall not exceed more than 25010 of the mural area. d. Should the mural become faded, peeled and severely weathered in the opinion of the Building Official, the owner or the person or firm maintaining the same shall, upon written notice from the Building Official, repair or remove the mural or repaint the wall on which mural is painted within 60 days. (i) Vertical Banners. (1) Maximum square footage: 35 square feet per pole (2) Maximum height: 35 feet to top of banner (3) Maximum width: None (4) Distance above grade: 8 feet above curb or sidewalk (5) Lighting: External (6) Spacing: None (7) Time limit: None (8) Permitted on -site: No more than two vertical banners per pole (9) Permitted in right -of --way: Yes; provided special conditions are met (10) Special Conditions: a. Torn or severely weathered vertical banners shall not be permitted. b. Vertical banners shall be secured at all points of attachment to the pole. portion of a vertical banner shall be used to advertise a specific product or service. Any vertical banner located in the right -of --way may contain the name or logo of an event within the district area or a special community sponsored event, which is sponsored by community -based nonprofit entities. d. Vertical banners may be attached to light standards or other poles in the right -of --way with a permit from appropriate City departments with brackets approved by the Department of Public Works. e. Vertical banners, as described in this section, shall only be permitted in the right -of --way of the district area, except they may be located on both sides of a right -of --way, which acts as a boundary of that district. j. Window Signs. The sign shall occupy no more than 10% of the window area of a shucture, and no sign will be permitted above the second story (Figure 10). 20 (k) Marquees (Figure 11). Figure 10 Au ptt_�, Figure 11 �h��er Name cR04t`11:; i4(»15i#�l�tiihr, WI Ow �IPN • �2y5-YVt2V1 IOr -i e h! i wr�oW aYea ov �ernail �2 �� ��Yy • Not .ind -�o be -�,e �YiwtaY� 5i�►t,5r0Ye ndYtte. • G►+iY perw,l� �aY �'artjor►.�artce Movie lea tw i--� , • �(p 7w�nflr�t. Qr Marquees with removable and/or changing letters are permitted for Performance and Movie Theaters only. No running or flashing lights shall be allowed. 21 (1) Menus. In addition to other signage, restaurants and cafes shall be permitted one wall -mounted display per business featuring the actual menu as used at the dining table, to be contained within a shallow wood or metalcase, and clearly visible through a glass front. The display case shall be attached to the building wall, next to the main entrance, at a height of approximately 5 feet, shall not exceed a total area of 3 square feet, and may be lighted. (m) Fascia Signs (Figure 12). 42ac5f= 4 Figure 12 AN�PY MaUN� �� r�v� r�ourtT 22 (1) Shall be located only on top of and affixed to a permanently fixed structure which is perpendicular to the building face. The fascia sign may extend over the public sidewalk, if and only to Lite extent the structure supporting it extends over the public sidewalk. (2) Shall not extend above the second floor ceiling or the top of the roof whichever is less. (3) Shall consist only of letters and/or geometric designs and not constructed as part of a sign can or cabinet. Each letter may be internally illuminated with lights other than florescent or neon. (4) The surface area of the letters and/or geometric designs comprising the sign shall not exceed in the aggregate 40 square feet. Section 2. All provisions of the City of Anna Zoning Ordinance not in conflict with the provisions of this ordinance shall pertain to the property described herein. Section 3. Official Zoning Map The official Zoning Map of the City shall be corrected to reflect the change in zoning described herein. Section 4. Savings, Repealing and Severability Clauses It is hereby declared to be the intention of the City Council that the words, sentences, paragraphs, subdivisions, clauses, phrases, and provisions of this ordinance are severable and, if any phrase, sentence, paragraph, subdivision, clause, or provision of this ordinance shall be declared unconstitutional or otherwise invalid or inapplicable by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality, invalidity or inapplicability shall not affect any of the remaining words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional, invalid or inapplicable words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions. Further, all ordinances or parts of ordinances in force when the provisions of this ordinance become effective that are consistent and do not conflict with the terms and provisions of this ordinance are hereby ratified to the extent of such consistency and lack of conflict, and all ordinances or parts of ordinances in Force when the provisions of this ordinance become effective that are inconsistent or in conflict with the terms and provisions contained in this ordinance are hereby repealed only to the extent of any such conflict. 23 Section 5. 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 day a violation exists is considered a separate offense and will be punished separately. Section 6. Publication of the Caption and Effective Date This ordinance shall be effective upon its passage by the City Council, approval by the Mayor, and posting and/or publication, if required by law, of its caption. The City Secretary is hereby authorized and directed to implement such posting and/or publication. PASSED by the City Council of the City of Anna, Texas this 24tj' day of 2015. ATTESTED: Natha Wilkison, City Secretary APPROVED: Mike Crist, Mayor 24 CITY OF ANNA, TEXAS Item No. 10 City Secretary's use only City COuncil Agenda Staff Report Date: Staff Contact: Exhibits: Yes March 24, 2015 Maurice Schwanke AGENDA SUBJECT: Consider/Discuss/Action approving a resolution regarding amending the Natural Springs Park Concept Plan to include a Dog Park. SUMMARY The "Natural Springs Parl< Concept Plan has been revised to show all existing improvements including a proposed Dog Park. After review of park land currently owned by the City, the staff has concluded that Natural Springs Park would be the most appropriate place to construct a Dog Park facility. The Park Board has reviewed the location and the preliminary design for the facility and has unanimously endorsed the concept. Adopting the attached resolution and Concept Plan would establish the direction officially concerning building a Dog Park in the City. It should be noted, however, that the ultimate design, timing and commitment for funding will be at the discretion of the Council. STAFF RECOMMENDATION: Approval of the resolution CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE REVISED CONCEPT PLAN FOR THE "NATURAL SPRINGS PARK" IN THE AREA GENERALLY LOCATED EAST OF FERGUSON PARKWAY AND SOUTH OF WHITE (FM 455). WHEREAS, In order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the "City Council") has approved Concept Plans Before concerning Natural Springs Park, WHEREAS, Part of the City Council's strategic implementation plan includes locating a suitable location for a dog park and, WHEREAS, the Park Board has reviewed the proposed Addition of the Dog Park within the Natural Springs Park Concept Plan and recommends that the City Council approve the Concept Plan for the Natural Springs Park. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes as set forth in full. Section 2. Approval of Concept Plan The City Council hereby approves the Concept Plan for Natural Springs Park attached. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 24t" day oI March, 2015. ATTEST: Natha Wilkison, City Secretary Mayor, Mike Crist H W W F- N W F- a m f FERGUSON PARKWAY o— o T� L m I elm —w _ CITY OF ANNA, TEXAS Item No. I I City Secretary's use only City Council Agenda Staff Report Date: Staff Contact: Exhibits: March 24, 2015 Joseph Johnson Attached. AGENDA SUBJECT: Approval of a Resolution authorizing the City Manager to execute a Public Works Mutual Aid Agreement. SUMMARY: In an effort coordinated through the North Central Texas Council of Governments (NCTCOG), area Public Works Departments have put together a formal agreement for mutual aid between Public Works Departments. The agreement provides an organized, coordinated, and efficient approach to mutual aid between area member city Public Works Departments during a disaster or emergency. The North Central Texas Public Works Emergency Response Team (PWERT) is a part of the statewide Texas Mutual Aid System and will provide resources for local governments to assist one another during an emergency. Under the agreement requests for assistance may only: A. Be made with a Declaration of a State of Local Civil Emergency or Declaration of Disaster by a Requesting Party pursuant to Section 418.108, Texas Government Code or after a proclamation of a State of Emergency under Section 433.001, Texas Government Code, B. Be made without a Declaration of a State of Local Civil Emergency or Declaration of Disaster if the requesting agency expects to use the resources) for less than one operational period or if the declaration of emergency is expected to be issued during the first operational period, C. Be made by the highest ranking authority of Requesting Party available at the time of need, D. Be made to the highest ranking authority of the Responding Party available at the time of need, and E. Specify to the greatest extent possible the nature of the problem requiring assistance and the resources requested. A Requesting Party shall not be required to reimburse a Responding Party for costs incurred during the first Operational Period (36 hours) as defined in Section 2 of the Agreement. A Requesting Party shall be required to reimburse a Responding Party for costs incurred after the first 36 hour Operational Period. A Party may choose not to render aid and assistance at any time for any reason, or may recall aid that has been deployed at any time. There is no financial obligation to entering into the Mutual Aid Agreement. However, costs may be incurred for the first 36 hours of an actual emergency should Anna choose to respond to a request for assistance. While the agreement provides for a procedure to request and obtain assistance, it does not require us to respond if we so choose. That said, it is important to keep in mind that other entities may expend similar resources on our behalf should an emergency occur in our jurisdiction. STAFF RECOMMENDATION: Staff recommends approval of the Resolution authorizing the City Manager to execute a Public Works Mutual Aid Agreement. CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A MUTUAL AID AGREEMENT WITH NORTH CENTRAL TEXAS PARTICIPATING LOCAL GOVERNMENTS AND POLITICAL SUBDIVISIONS LOCATED IN THE STATE OF TEXAS FOR THE PURPOSE OF PUBLIC WORKS MUTUAL AID. WHEREAS, emergencies, disasters, and other such incidents may present equipment and personnel requirements beyond the City's capacity; and, WHEREAS, the City Council of the City of Anna, Texas (the City Council) desires to secure the benefits of Public Works mutual aid for the purpose of protecting life and property in an emergency or disaster event; and, WHEREAS, the City Council recognizes that executing an agreement for mutual aid with local governments and political subdivisions does not replace or supersede any existing mutual aid agreements or prevent the City of Anna from entering into other mutual aid agreements in the future; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Purpose. The mutual aid agreement provides planning and operating procedures whereby public works related agencies may request aid and assistance in the form of personnel, equipment, materials and/or other associated services from other public works related agencies and provides for better coordination of efforts, identification of resources, and ensures that timely aid can be provided. Section 3. Approval and Authorization of Agreement for Mutual Aid. The City Council hereby approves the Mutual Aid Agreement with participating North Central Texas local governments and political subdivisions, attached hereto as exhibit 1, and authorizes, ratifies and approves the City Manager's execution of the same. The City Manager is hereby authorized to execute all documents and to take all other actions necessary to finalize, act under, and enforce the agreement for Public Works mutual aid. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this the 24tn day of March 2015. CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 1 ATTEST: Natha WIIK!Son, City Secretary APPROVED: Mayor, Mike Crist CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 2 OF 1 NORTH CENTRAL TEXAS PUBLIC WORKS MUTUAL AID AGREEMENT This mutual aid agreement ("Agreement") is entered into by, between, and among the North Central Texas Participating Local Governments and/or Public/Political Sub -Divisions located wholly or partially within the State of Texas acting by and through their duly authorized officials. The undersigned Participating Local Governments and any and/or Public/Political Sub -Divisions of the State of Texas adopting this Agreement upon a formal order of their respective governing bodies as provided therein may be referred to in this Agreement individually as "Party" and collectively as "Parties." By signing this document, and sending it to the Public Works Emergency Response Team, at an address maintained by the North Central Texas Council of Governments ("NCTCOG"), the agency has indicated that it consents to be a party to this emergency mutual aid agreement, and acknowledges that it is not necessary to receive copies of the agreement from other agencies that are party to such agreement. RECITALS WHEREAS, the Parties recognize the vulnerability of the people and communities located within local governments and public subdivisions to damage, injury, and loss of life and property resulting in emergencies, disasters or civil emergencies and recognize that such incidents may present equipment and personnel requirements beyond the capacity of each individual Party; and WHEREAS, the governing officials of the Parties desire to secure for each Party the benefits of Mutual Aid for the protection of life and property in the event of an emergency, disaster or civil emergency or public works emergency; and WHEREAS, the Parties that wish to make suitable arrangements to provide Mutual Aid are so authorized, and make this Agreement pursuant to all governmental power inherent in home rule and other municipalities and all statutory authority, including, but not limited to, the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code; the Texas Disaster Act of 1975 as amended, Chapter 418 of the Texas Government Code including the Texas Statewide Mutual Aid System of the Emergency Management Chapter, set out in Subchapter E4 of Texas Government Code, Section 418.111 et seq., and any amendments to that authority or other authority that may be set out in the constitution of laws of the State of Texas; WHEREAS, it is understood that the creation of this Agreement and the Texas Statewide Mutual Aid System (SB11) under Chapter 418, Subchapter E-1 of the Texas Government Code does not replace or supersede existing mutual aid agreements or interfere with the ability of municipalities to enter into written mutual aid agreements in the future. It is understood that if a written agreement is entered into by governmental entities or municipalities requesting resources, then the terms of that agreement control the rights and responsibilities of the participating parties to the extent the agreement provides terms that differ from the Texas Statewide Mutual Aid System. WHEREAS, it is expressly understood that any mutual aid extended under this Agreement and the operational plan adopted pursuant thereto, is furnished in accordance with the "Texas Disaster Act" and other applicable law and except as otherwise provided by law, that the responsible local official in whose jurisdiction an incident requiring Mutual Aid has occurred shall remain in charge at such incident including the direction of such personnel and equipment provided him/her through the operation of such Mutual Aid Plans; NORTH CENTRAL TEXAS PUBLIC WORKS MUTUAL AID AGREEMENT NOW, THEREFORE, the Parties agree as follows: Section 1: Incorporation: The above whereas provisions and statements are incorporated as if written word for word below. Section 2: Purpose: This Agreement is hereby established to provide planning and operating procedures whereby public works related Agencies may request aid and assistance in the form of personnel, equipment, materials and/or other associated services from other public works related agencies. This agreement allows for better coordination of efforts, identifies available resources and helps ensure that timely aid can be provided. Section 3: Definitions A. "Agency" means any municipal public works agency or department, township road district, county highway departments, or any Public/Political sub -division that performs a public works function that abides by the provisions as found in this Agreement. B. "Administrative Agency' means the entity designated by the Parties to be responsible for maintaining the documents associated with this Agreement including distributing Point of Contact and Resource Inventory information. C. "Assisting Party" or "Responding Party" means the agency or organization which has received a request to furnish aid and assistance from another Party and has agreed to provide same. D. "Civil Emergency" means an unforeseen combination of circumstances or the resulting consequences thereof within the geographic limits of a given jurisdiction that calls for immediate action or for which there is an urgent need for assistance or relief to protect the general citizenry. E. "Disaster means the occurrence or imminent threat of widespread or severe damage, injury, or loss of life or property resulting from any natural or manmade cause, including but not limited to fire, flood, earthquake, wind, storm, wave action, winter storm, biological or health hazards, dam or levee break, drought, explosion, riot, acts of terrorism and other public calamity requiring emergency action or requiring homeland security activity (as that term is defined in Chapter 421 of the Texas Government Code entitled Homeland Security) that is or is likely to be, beyond the control of the services personnel equipment and facilities of a Party that requires assistance under this Agreement, but must be coordinated through the appropriate local accredited/certified Emergency Management Agency coordinator. F. "Emergency" means any occurrence or threat thereof, whether natural or caused by man, in war or in peace, which results in substantial injury or harm to the population, or substantial damage to or loss of property. G. "Homeland security activity" means any activity related to the prevention or discovery of, response to, or recovery from a terrorist attack, natural or man-made disaster, hostile military or paramilitary action, or extraordinary law enforcement emergency. H. "Mutual Aid" means providing resources such as personnel, equipment, services and supplies. These resources support typical public works missions or tasks such as: removal of debris, restoration of water/wastewater operations, flood control, infrastructure system repairs, standby power, and damage assessment. 2 NORTH CENTRAL TEXAS PUBLIC WORKS MUTUAL AID AGREEMENT I. "National Incident Management System (NIMS)" means a Presidential directive that provides a consistent nationwide approach that allows federal, state, local and tribal governments as well as private sector and nongovernmental organizations to work together to manage incidents and disasters of all kinds. J. "Operational Period" shall mean a period of time beginning at the time of the request for Mutual Aid and lasting no longer than thirty six (36) hours. Typically assistance would be given in Twelve (12) hour shifts for operational efficiencies. It is the intention of this mutual aid to be for assistance in the initial response to the emergency and not part of the long term recovery. If assistance is requested beyond the initial 36 hours, then the requesting agency must work with the responding agency directly and put in place a mutual agreeable contract and payment for services rendered. It is also understood that any agency responding under this mutual aid agreement will not receive any reimbursement for their mutual aid assistance up to the first 36 hours, even if the event becomes a declared emergency by the President. After the first 36 hours repayment shall be provided. It is also understood that any agency for any reason may decline to assist or recall their mutual aid at anytime. K. "Point of Contact" means a person and/or an agency's department/office serving as the coordinator or focal point of information dealing with public works emergency response activities. L. "Public Works Emergency Response Team" (PWERT) means a working group of Public Works Officials representing their agencies; whose mission is to develop and maintain a region wide network of public works' related agencies. This teams' principal purpose is to provide mutual aid response and recovery assistance, to each other, when confronted with natural or man- made emergencies or disasters. This Group is designated as the Administrative Agency to manage this Agreement. M. "Requesting Party" means the agency or organization receiving aid and assistance from a Assisting Party. N. Public/Political Sub -Division means a basic level of independent local government or quasi - government authorized by Article III, Section 52, Article VI, Section 59, and other similar provisions of the Texas Constitution that typically have a specific or limited purpose including authority to create Dallas Fort Worth International Airport, Toll Authorities, independent school districts, water or wastewater districts and improvement and economic development districts and exist separately from general purpose local governments such as county, city or townships. Section A Term This Agreement shall become effective as to each Party on date of adoption as indicated on the signature page for each Party and shall continue in force and remaining binding on each and every Party for twelve (12) months from the effective date. This Agreement shall renew automatically for a period A one year upon the completion of the initial term and each subsequent term unless such time as the governing body of a Party terminates its participation in this Agreement pursuant to Section 4 of this Agreement. Termination of participation in this Agreement by a Party or Parties shall not affect the continued operation of this Agreement between and among the remaining Parties Section 5: Termination Any Party may at any time by resolution or notice given to all the other Parties decline to participate in the provision of Public Worl<s Mutual Aid. The Governing Body of a Party shall, by 3 NORTH CENTRAL TEXAS PUBLIC WORKS MUTUAL AID AGREEMENT Resolution, give notice of termination of participation in this Agreement and submit a copy of such resolution to the Administrative Agency and all other Parties. Such termination shall become effective thirty (30) days after filing of such notice. The termination by one or more of the Parties of its participation in this Agreement shall not affect the operation of this Agreement as between the other Parties hereto. Section 6: Responsibility of Parties Provision of Aid: Each Party recognizes that it may be requested to provide aid and assistance at a time when it is necessary to provide similar aid and assistance to the Party's own constituents. This Agreement shall not be construed to impose any unconditional obligation on any Party to provide aid and assistance. A Party may choose not to render aid and assistance at any time for any reason, or to recall aid that has been deployed at anytime. Section 7: Request for Assistance: The request for assistance will: A. Be made only with a Declaration of a state of Local Civil Emergency or Declaration of Disaster by a Requesting Party pursuant to Section 418.108, Texas Government Code or after a proclamation of a State of Emergency under Section 433.001, Texas Government Code; B. Be made only without a Declaration of a state of Local Civil Emergency or Declaration of Disaster if the requesting agency expects to use the resource(s) for less than one operational period or if the declaration of emergency is expected to be issued during the first operational period; C. Be made by the highest ranking authority of Requesting Party available at the time of need; D. Be made to the highest ranking authority of the Responding Party available at the time of need; and E. Specify to the greatest extent possible the nature of the problem requiring assistance and the resources requested. Section 8: Procedures for Requests and Provision of Mutual Aid: See Attachment 1 Section 9: Cost Limitation A Requesting Party shall not be required to reimburse a Responding Party for costs incurred during the first Operational Period as defined in Section 2 of this Agreement. A Requesting Party shall be required to reimburse a Responding Party for costs incurred after the first Operational Period. Section 10: Expending Funds: A Responding Party that performs services or furnishes aid pursuant to this Agreement shall do so with their own current funds. No Party shall have any liability for the failure to expend funds to provide aid hereunder. NORTH CENTRAL TEXAS PUBLIC WORKS MUTUAL AID AGREEMENT Section 110 Insurance A. Worker's Compensation Coverage: Each Party shall be responsible for its own actions and those of its employees and is responsible for complying with the Texas Workers' Compensation Act. B. Automobile Liability Coverage: Each Party shall be responsible for its own actions and is responsible for complying with the Texas motor vehicle financial responsibility laws. C. To the extent permitted by law and without waiving sovereign immunity, each Party shall be responsible for any and all claims, demands, suits, actions, damages, and causes of action related to or arising out of or in any way connected with its own actions and the actions of its personnel in providing Mutual Aid assistance rendered or performed pursuant to the terms and conditions of this Agreement. Each party agrees to obtain general liability and public official's liability insurance, if applicable, or maintain a comparable self-insurance program. Section 12: Miscellaneous A. Entirety: This Agreement contains all commitments and agreements of the Parties with respect to the Mutual Aid to be rendered hereunder during or in connection with an Emergency, Disaster and/or Civil Emergency. No other oral or written commitments of the Parties with respect to mutual aid under this Agreement shall have any force or effect if not contained herein, except as provided in Section 12E below. B. Other Mutual Aid Agreements: This Agreement is not intended to replace or conflict with - local mutual aid agreements for other emergency response needs such as fire and police or for the other purposes C. Severability: If a provision contained in this Agreement is held invalid for any reason, the invalidity does not affect other provisions of this Agreement that can be given effect without the invalid provision, and to this end the provisions of this Agreement are severable. D. Validity and Enforceability: If any current or future legal limitations affect the validity or enforceability of a provision of this Agreement, then the legal limitations will be deemed to be part of the Agreement and shall operate to amend this Agreement to the minimum extent necessary to bring this Agreement into conformity with the requirement of the limitations, and so modified, this Agreement shall continue in full force and affect. E. Amendment: This Agreement may be amended only by the mutual written consent of the Parties. F. Governing Law and Venue: The Laws of the State of Texas shall govern this Agreement. In the event of an Emergency or Disaster physically occurring with the geographical limits of only one county that is a Party hereto, venue shall lie in the county in which the Emergency or Disaster occurred. In the event an Emergency or Disaster physically occurring in more than one county that is a Party thereto, venue shall be determined in accordance with the Texas Rules of Civil Procedure. G. Signatories: The PWERT shall be the official repository of original pages of the Parties to this Agreement and will maintain an up-to-date list of those Parties. Each Party will retain a copy of their own originally signed document with an additional individual signature page from their Agency to be filed with the PWERT under this Agreement. PWERT will maintain contact information from all of the parties and provide for a means of 5 NORTH CENTRAL TEXAS PUBLIC WORKS MUTUAL AID AGREEMENT communication whenever there is a need to call for mutual aid. This agreement may be signed in multiple copies, and it is only necessary for the agencies to notify the PWERT and keep them informed of the contact information. H. PWERT—the Administrative Agency, managing this agreement, provides for one membership seat for each participating agency and one alternate seat. The primary seat should be held by a Public Works Official or designee. The alternate seat should held by a member of the jurisdiction of the Emergency Management Division or designee. The jurisdiction is not required to fill -the seats, but, it is strongly recommended, in order to receive information and training for emergency response. EXECUTED this day of , 2015 City of Anna, Texas (Local Jurisdiction) By: Printed Name: Title: C� Attachment 1 PROCEDURES TO USE FOR THE NORTH CENTRAL TEXAS PUBLIC WORKS MUTUAL AID AGREEMENT Attachment 1 Here are the suggested steps for your agency to follow when using the Agreement. Generally if the Emergency Operations Center for your city is activated follow the incident command system and associated communications operations plan to request resources 1. Requesting Agency Steps to Follow: A. Assess the situation and determine the resources needed. B. Fill out the REQUESTING AGENCY Checklist (Form 1). C. Locate agencies included in the agreement OR Contact the Public Works Emergency Response Team (PWERT) standby point of contact for assistance to complete the remaining steps. D. Call one or more agencies that may have the resources you need. E. Fill out a REQUESTING AGENCY MUTUAL AID INFORMATION Form (Form 2). F. Send copy of the form to the RESPONDING AGENCY as soon as possible. 2. Responding Agency Steps to Follow: A. Make sure you can fulfill the request before providing an answer. Notes: 1) obtain required local authority to deploy the resources 2) providing assistance is voluntary and an agency is not required to fulfill the request if you determine the resources are critical to your operational needs. B. Analyze the risk level of the request. C. Complete the RESPONDING AGENCY Checklist (Form 3) with the information given by the REQUESTING AGENCY. D. Brief your employees and prepare the equipment. E. Complete the Employee & Equipment Information Form (Form 4). Provide copies to your responding staff and to the REQUESTING AGENCY. F. Dispatch staff to the REQUESTING AGENCY for assistance. 3. Supervision and Control: The responding personnel, equipment and other resources will be under the operational control of the Requesting Agency. These response operations shall be NIMS compliant as well as organized and functioning within an Incident Command System (ICS), Unified Control System (UCS). Direct supervision and control of responding agency's resources shall remain with their designated supervisor(s). The designated supervisor(s) shall: maintain personnel time records, material records and a log of equipment hours and report work progress to the Requesting Agency. The Responding agency's personnel and other resources remain subject to recall by the Responding Agency's authority at any time, subject to reasonable notice to the Requesting Agency. 4. Food, Housing and Self Sufficiency: Unless specifically instructed otherwise, the Responding agency will have the ability to be self-sufficient as practicable from the time of arrival to their designated staging area location to the time of their arrival back at the responding agency's home department. However, the requesting agency may need to provide resources for tasks extending normal supplies. For example, if the required tasks require significant mobile activities and fuel, the Requesting agency should be prepared to augment their gas/diesel supplies. 1 Attachment 1 PROCEDURES TO USE FOR THE NORTH CENTRAL TEXAS PUBLIC WORKS MUTUAL AID AGREEMENT 5. Communications: Unless specifically instructed otherwise, the Requesting Agency shall have the responsibility for coordinating communications between the personnel of the Responding Agency and the Requesting Agency, Responding Agency should be prepared to furnish their own internal communications equipment sufficient to only maintain communications among their respective operating units. CITY OF ANNA, TEXAS Item No. 12 Ciry Secretary's use only City Council Agenda Staff Report Date: Staff Contact: Exhibits: March Yes 24, 2015 City Manager AGENDA SUBJECT: Consider/Discuss/Action regarding a resolution approving a Professional Services Agreement with Randall Scott Architects for architectural services. (City Manager). SUMMARY: On February 24, the City Council authorized staff to negotiate an agreement for pre - design architectural services with Randall Scott Architects. Approval of the attached resolution would authorize the City Manager to execute a Professional Services Agreement with Randall Scott Architects for pre -design services associated with the construction of a new city hall facility. The project deliverables will include a bound report and electronic presentation outlining the program requirement for a new city all, schematic design documents including an executive summary, schematic design drawings, preliminary cost estimates, and a preliminary schedule. The cost of the services covered by the Agreement is $78,500 plus limited reimbursable expenses. Funds for this project are available in the General Fund reserved fund balance. STAFF RECOMMENDATION: Staff recommends approval of the attached resolution and Agreement. CITY OF ANIMA, TEXAS RESOLUTION NO. A RESOLUTION APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH RANDALL SCOTT ARCHITECTS FOR ARCHITECTURAL SERVICES, AND AUTHORIZING THE CITY MANAGER SAID AGREEMENT WHEREAS, On February subsequent interviews and authorized staff to negotiate Randall Scott Architects; and 24, 2015, based site visits, and a an agreement fo on a review of their check of references, the r pre -design architectural qualificationsI City Council services with WHEREAS, the City Council finds that approval a Professional Services Agreement for architectural services with Randall Scott Architects is in the best interests of the citizens of Anna; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. Approval of Professional Services Agreement The City Council hereby approves the Professional Services Agreement attached hereto as Exhibit 1, and authorizes, ratifies and approves the City Manager's execution of same. The City Manager is hereby authorized to execute all documents and to take all other actions necessary to finalize, act under, and enforce this Agreement. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 24tn day of March 2015. Mike Crist, Mayor ATTEST: Natha Wilkison, City Secretary CITY OF ANNA, TEXAS RESOLUTION NO._ PAGE 1 OF 1 PROFESSIONAL SERVICES AGREEMENT This Professional Services Agreement ("this Agreement") is made and entered into as of the day of , 2015, by Randall Scott Architects, Inc., called 'CONSULTANT" and the City of Anna, a Texas home rule municipality, hereinafter called "OWNER," each acting herein, by and through their duly authorized representatives. WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: ARTICLE 1 EMPLOYMENT OF CONSULTANT OWNER hereby contracts with CONSULTANT, who shall at all times act only in the capacity of an independent contractor, and CONSULTANT hereby agrees to perform the services described herein in connection with the Project as stated in this Agreement, with diligence and in accordance with the professional standards customarily applicable to such services in the State of Texas. The professional services set out herein are in connection with the following described Project: Project: Pre -design Services for a new City Hall The Project is generally described as pre -design architectural services in connection with the exploration of development options for construction of a new city hall for the City of Anna, Texas, and shall include all services to be performed by CONSULTANT as set forth in this Agreement. ARTICLE 2 SCOPE OF SERVICES For the fixed price set forth in Article 5 of this Agreement, CONSULTANT shall perform architectural and consulting services in connection with the Project and in accordance with the 'Program" attached to this Agreement as Exhibit A, and as revised by mutual written consent of CONSULTANT and OWNER from time to time in accordance with this Agreement. ARTICLE 3 ADDITIONAL SERVICES Additional services to be performed by CONSULTANT not described in Article 2 of this Agreement ("Additional Services") must be authorized by OWNER. Such additional services are not included in the fixed price set forth in Article 5 of this Agreement and may only be performed under a separate written agreement or under one or more individual task orders in accordance with the hourly fees set forth in Article 5, C. of this Agreement. If such services are performed under task order(s), the terms of this Agreement shall apply to such services. ARTICLE 4 SCHEDULE AND PERIOD OF SERVICE A. This Agreement shall become effective as of the date first written above and shall remain in force for the period which may reasonably be required for the completion of the Project, including completion of any Additional Services, if any, and any required extensions approved by OWNER. PROFESSIONAL SERVICES AGREEME Page 1 of 7 B. CONSULTANT agrees to perform the various services set forth in this Agreement according to the Preliminary Project Schedule set forth in Section V. of Exhibit A attached to this Agreement. The time periods set forth in said Schedule of Services shall not be exceeded by CONSULTANT, except to the extent that OWNER causes the delay or suspends the Project. Time is of the essence in this Agreement, and to the extent that CONSULTANT anticipates any delay in the provision of any of the services under this Agreement, CONSULTANT shall as soon as practicable notify OWNER of same in writing and an amendment to the schedule referenced above may be made by mutual consent. ARTICLE 5 COMPENSATION A. COMPENSATION TERMS: For and in consideration of the professional services to be performed by CONSULTANT under this Agreement OWNER agrees to pay the fixed total sum of $78,500, plus Reimbursable Expenses as described in Section VI. paragraph C. of the Program attached to this Agreement as Exhibit A. CONSULTANT shall promptly notify OWNER in writing if such out-of-pocket expenses exceed $1500. B. BILLING AND PAYMENT: Partial payments to CONSULTANT will be made within 30 days of receipt of detailed monthly invoices rendered to and approved by OWNER through the City of Anna City Manager or his designee; however, under no circumstances shall any monthly statement for services exceed the unpaid value of the work performed at the time a statement is rendered. The value of work performed will be calculated by a percentage complete of the total fixed sum set in Article 5(A). CONSULTANT bears total and sole responsibility for making any necessary and appropriate payments to additional consultants or subcontractors from the amount(s) paid by OWNER to CONSULTANT directly. Nothing contained in this Article shall require OWNER to pay for any work which is unsatisfactory, as reasonably determined by the City Manager or his designee, or for any work which is not submitted in compliance with the terms of this Agreement. OWNER shall not be required to make any payments to CONSULTANT when CONSULTANT is in default under this Agreement. It is specifically understood and agreed that CONSULTANT shall not be authorized to undertake any work pursuant to this Agreement which would require additional payment by OWNER for any charge, expense, or reimbursement above any fixed or maximum not4o-exceed fee as stated in this Agreement or any specified task order, without first having obtained written authorization from OWNER. CONSULTANT shall not proceed to perform any services without obtaining prior written authorization from the City Manager or his designee and shall be diligent in seeking such authorization when necessary to perform services under this Agreement. With respect to the services to be performed under Article 2 of this Agreement, the prior written authorization referenced above may be in the form of a notice to proceed with such services delivered by post, hand delivery, facsimile or electronic mail. C. ADDITIONAL SERVICES: For additional services authorized in writing by OWNER as set forth in Article 3, CONSULTANT shall be paid based on an hourly basis at a rate to be determined in advance and agreed to in writing by OWNER and CONSULTANT. Payments for additional services shall be due and payable within 30 days of invoicing by CONSULTANT, and shall be in accordance with paragraph B of this article. Statements shall not be submitted more frequently than monthly. PROFESSIONAL SERVICES AGREEMENT Page 2 of 7 D. DELAYED PAYMENT: If OWNER fails to make payments due CONSULTANT for services and expenses within 45 days after receipt of CONSULTANT's undisputed statement thereof, the amounts due CONSULTANT will be increased by the rate of one percent (1 %) per month from the said 45t" day, and, in addition, CONSULTANT may, after giving seven days' written notice to OWNER, suspend services under this Agreement until CONSULTANT has been paid in full all amounts due for services, expenses, and charges, provided, however, nothing herein shall require OWNER to pay the late charge of one percent (1 %) set forth herein if OWNER reasonably determines that the work is unsatisfactory, in accordance with this Article 5. ARTICLE 6 OBSERVATION AND REVIEW OF THE WORK CONSULTANT will exercise reasonable care and due diligence in discovering and promptly reporting to OWNER any defects or deficiencies in the work of CONSULTANT or any subcontractors or subconsultants. ARTICLE 7 OWNERSHIP OF DOCUMENTS All documents prepared or furnished by CONSULTANT (and CONSULTANT's subcontractors or subconsultants) pursuant to this Agreement shall become the property of OWNER upon the termination of this Agreement. CONSULTANT is entitled to retain copies of all such documents. The documents prepared and furnished by CONSULTANT are intended only to be applicable to this Project and Program, and OWNER's use of these documents in other projects shall be at OWNER's sole risk and expense, with no right of indemnification against CONSULTANT, notwithstanding any other provision of this Agreement. In the event OWNER uses any of the information or materials developed pursuant to this Agreement in another project or for other purposes than specified herein and by CONSULTANT at the time such information and materials are delivered, CONSULTANT is released from any and all liability relating to such use in that project. PROFESSIONAL SERVICES AGREEMENT Page 3 of 7 ARTICLE 8 INDEPENDENT CONTRACTOR CONSULTANT shall provide services to OWNER as independent contractors, not as employees of OWNER. CONSULTANT shall not have or claim any right arising from employee status. OWNER shall not control the means, methods, sequences, procedures, or techniques utilized by CONSULTANT to perform work or services under this Agreement or any associated task order. ARTICLE 9 AUDITS AND INSPECTION CONSULTANT will submit copies of documentation supporting all reimbursable expenses for OWNER's review. ARTICLE 10 INDEMNITY AGREEMENT CONSULTANT shall indemnify and hold harmless OWNER and its officers, agents, and employees from and against any and all damages and expenses, including, but not limited to court costs and reasonable attorney fees and related expenses incurred by OWNER, arising from an act of negligence, intentional tort, intellectual property infringement, or failure to pay any subcontractor, or any supplier committed by CONSULTANT, CONSULTANT'S agent(s), another consultant under contract, or another entity over which CONSULTANT exercises control. Nothing in this Agreement shall be construed to create a liability to any person who is not a party to this Agreement, and nothing herein shall waive any of the parties' defenses, both at law or equity, to any claim, cause of action, or litigation filed by anyone not a party to this Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved. ARTICLE 11 INSURANCE During the performance of the services under this Agreement, CONSULTANT shall maintain the following insurance with an insurance company licensed to do business in the State of Texas by the State Insurance Commission or any successor agency that has a rating with Best Rate Carriers of at least an A- or above: A. Comprehensive General Liability Insurance with bodily injury limits of not less than $1,000,000 for each occurrence and not less than $1,000,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than $100,000 in the aggregate. B. Automobile Liability Insurance with bodily injury limits of not less than $1,000,000 for each person and not less than $1,000,000 for each accident, and with property damage limits of not less than $1,000,000 for each accident. C. Worker's Compensation Insurance in accordance with statutory requirements, and Employers' Liability Insurance with limits of not less than $500,000 for each accident. D. Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate. PROFESSIONAL SERVICES AGREEMENT Page 4 of 7 CONSULTANT shall furnish insurance certificates or insurance policies at OWNER's request to evidence such coverages. Except for workers compensation and professional liability, the insurance policies shall name OWNER as an additional insured, and shall contain a provision that such insurance shall not be canceled or reduced with respect to coverages or endorsements without 30 days' prior written notice to OWNER and CONSULTANT. In such event, CONSULTANT shall, prior to the effective date of the change or cancellation, serve substitute policies furnishing the same coverage. Approval by OWNER of the Project shall not constitute, nor be deemed a release of the responsibility and liability of CONSULTANT, its employees, associates, agents, subcontractors, and subconsultants for the accuracy and competency of their designs or other work; nor shall such approval be deemed to be an assumption of such responsibility by OWNER for any defect in the design or other work prepared by CONSULTANT, its employees, subcontractors, agents, and consultants. ARTICLE 14 NOTICES All notices, communications, and reports required or permitted under this Agreement shall be personally delivered or mailed to the respective parties by depositing same in the United States mail to the address shown below, certified mail, return receipt requested, unless otherwise specified herein. Mailed notices shall be deemed communicated as of three days after mailing: To CONSULTANT: Randall Scott Architects, Inc. c/o Randall Scott 14755 Preston Rd., Suite 730 Dallas, Texas 75254 To OWNER: City of Anna c/o City Manager P.O. Box 776 Anna, Texas 75409 All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three days after mailing, whichever occurs first. ARTICLE 15 ENTIRE AGREEMENT This Agreement constitutes the complete and final expression of the agreement of the parties, and is intended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior or contemporaneous offers, promises, representations, negotiations, discussions, communications, and agreements which may have been made in connection with the subject matter hereof. ARTICLE 16 SEVERABILITY If any provision of this Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall reform this Agreement to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. ARTICLE 17 PROFESSIONAL SERVICES AGREEMENT Page5of7 COMPLIANCE WITH LAWS CONSULTANT shall comply with all federal, state, and local laws, rules, regulations, Cl" ordinances applicable to the work covered hereunder as they may now read or hereinafter be amended. ARTICLE 18 DISCRIMINATION PROHIBITED In performing the services required hereunder, CONSULTANT shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. ARTICLE 19 PERSONNEL A. CONSULTANT represents that it has or will secure, at its own expense, all personnel required to perform all the services required under this Agreement. Such personnel shall not be employees or officers of, or have any contractual relations with OWNER. CONSULTANT shall inform OWNER of any conflict of interest or potential conflict of interest that may arise during the term of this Agreement. B. All services required hereunder will be performed by CONSULTANT or under its supervision. All personnel engaged in work shall be qualified, and shall be authorized and permitted under state and local laws to perform such services. ARTICLE 20 ASSIGNABILITY CONSULTANT shall not assign any interest in this Agreement, and shall not transfer any interest in this Agreement (whether by assignment, novation, or otherwise) without the prior written consent of OWNER. ARTICLE 21 MODIFICATION No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith, and no evidence of any waiver or modification shall be offered or received in evidence in any proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, and unless such waiver or modification is in writing and duly executed; and the parties further agree that the provisions of this section will not be waived unless as set forth herein. ARTICLE 22 MISCELLANEOUS A. The following exhibits are attached to and made a part of this Agreement: Exhibit A — Program B. CONSULTANT agrees that OWNER shall, until the expiration of four years after the final payment under this Agreement, have access to and the right to examine any directly pertinent PROFESSIONAL SERVICES AGREEMENT Page 6 of 7 books, documents, papers, and records of CONSULTANT involving transactions relating to this Agreement. CONSULTANT agrees that OWNER shall have access during normal working hours to all necessary CONSULTANT facilities and shall be provided adequate and appropriate working space in order to conduct audits in compliance with this section. OWNER shall give CONSULTANT reasonable advance notice of intended audits. C. Venue and jurisdiction of any suit or cause of action arising from or relating in any manner to this Agreement shall lie exclusively in Collin County, Texas. This Agreement shall be construed in accordance with the laws of the State of Texas. D. CONSULTANT shall commence, carry on, and complete any and all projects with all applicable dispatch, in a sound, economical, and efficient manner and in accordance with the provisions hereof. In accomplishing the projects, CONSULTANT shall take such steps as are appropriate to ensure that the work involved is properly coordinated with related work being carried on by OWNER. E. OWNER shall assist CONSULTANT by placing at CONSULTANT's disposal all available information pertinent to the Project, including previous reports, any other data relative to the Project, and arranging for the access thereto, and make all provisions for CONSULTANT to enter in or upon public and private property as required for CONSULTANT to perform services under this Agreement. F. CONSULTANT shall at all times maintain OWNER'S confidential or proprietary information in confidence and shall disclose same to third parties only as specifically instructed by OWNER. Any disclosure of privileged or confidential information by OWNER to CONSULTANT is in furtherance of OWNER's purposes and is not intended to and does not waive any privileges that may exist with regard to such information. G. The captions of this Agreement are for informational purposes only, and shall not in any way affect the substantive terms or conditions of this Agreement. IN WITNESS HEREOF, OWNER has caused this Agreement to be executed by its duly authorized representative, and CONSULTANT has executed this Agreement through its duly authorized undersigned officer to be effective as set forth earlier in this Agreement. CITY OF ANNA By: Philip Sanders, City Manager RANDALL SCOTT ARCHITECTS, INC. By: Randall B. Scott, President &CEO PROFESSIONAL SERVICES AGREEMENT Page 7 of 7 RANDALL SCOTT ARCHITECTS ARCHITECTURE � INTERIORS � PLANNING Revision # 2 March 18, 2015 Mr. Philip Sanders City Manager City of Anna 111 N. Powell Pkwy. Anna, Texas 75409-0776 RE: PROPOSAL TO PROVIDE ARCHITECTURAL SERVICES FOR A NEW CITY HALL BUILDING FOR THE CITY OF ANNA, TX I. PROJECT SCOPE This proposal is submitted by Randall Scott Architects, Inc. (hereinafter referred to as RSA or Architect) to the City of Anna (hereinafter referred to as the City, Owner or Client) to provide Architectural Services for a new City Hall building for the City of Anna, TX. A. PROJECT CRITERIA The following information about the project was conveyed to RSA by the City during a meeting on March 3, 2015: 1. Melissa Brand Vokey prepared an initial Needs Assessment/Programming document. The electronic PDF file of this document dated February 2014 was provided to RSA on March 3, 2015. 2. The Needs Assessment/Program prepared by Melissa was completed a year ago. It needs to be verified and updated by RSA. 3. The City requested that three to four sites be included in the site evaluation pre -design process. Two of the potential sites are currently owned by the City. 4. RSA will need to evaluate a standalone City Hall concept as well as a municipal campus concept. 5. The City may consider a mixed -use concept as well. 6. The 10 year horizon (30,000 SF POR; $10M-$11 M budget) per the Brand-Vokey Needs Assessment dated Feb. 2014) is the current project scope to be evaluated. 7. The project will be funded either through a public referendum (general obligation bonds) or certificates of obligation. . 8. Project is anticipated to be constructed with CM at Risk delivery. II. PRE -DESIGN PHASE SERVICES (The services in this phase are to be provided concurrently) A. SITE EVALUATION PHASE 1. Site Evaluation Phase services provided by RSA for this project shall consist of the following: a. Meet with City staffto review potential sites for the project (Workshop # 1)and relevant data impacting the selection of a site including the City's Comprehensive Land -use Plan, Thoroughfare plan, Utilities Plan, demographics and other strategic planning data. b. Meet with Council to gather their input on potential sites that should be evaluated as part of this phase. Discuss options for the City Hall as a standalone building, a municipal campus of 972.664,9100 (0 9724664.9122 Proposal to Provide Architectural Design Services for Anna City Hall Mr. Philip Sanders Revision It 2, March 18, 2015 Page 2 buildings, amixed- use setting such as the Southlake Town Center, and a downtown location vs. other locations. c. Prepare preliminary test fit plans for 34 potential sites selected during Workshop # 1 and Council's input from item 1.b. d. Meet with City Staff to review the preliminary test fit plans and receive comment. Discuss pro's and con's of each site. Revise test fit plans to incorporate City Staffs comments. e. Prepare a PowerPoint presentation of the test fit options with pro's and con's for review with Council. f. Confer with Staff and Council on determination of a final location and site concept (standalone, municipal campus or mixed -use) for the Anna City Hall. B. FACILITY PROGRAMMING PHASE 1. Facility Programming Phase services provided by RSA for this project shall consist of the following: a. Meet with City staff, Council members and individuals appointed to a Building Committee by the City to introduce the Project Team and gain an overall understanding of the City's scope, needs and goals for the project. b. Hold focus group meetings and interviews (Workshop # 2) with the Project Stakeholders (City Administration Staff, Council members and Building Committee) to determine the spacial, functional, equipment, adjacency, environmental, technology, and sustainability requirements for each of the spaces within the new City Hall. c. Prepare a preliminary Program of Requirements (POR) document listing each of the requested spaces and its specific requirements. d. Prepare Area Summary Spreadsheets delineating the total net square footage requirements for each department, grossing factors and the total gross square footage by department and for the overall project. Project square footage requirements for 10 year and 20 year horizons accounting for the expansion needed to accommodate future growth in the City. e. Prepare test fit drawings for critical areas of the project such as the Council Chambers, Pre - Council Room, City Manager's Office, etc. f. Prepare a Preliminary Project Schedule for the City Hall. g. Prepare a Preliminary Cost Estimate for the project based on historical square footage cost data. h. Prepare a Preliminary POR bound document with the above metrics delineated for review with the City. i. Meet with the City Stakeholders and Building Committee to review the preliminary Facilities Program document. j. Make final adjustments to the POR document. Prepare and issue a Final Program of Requirements for the City Hall project. k. Assist City Staff in presenting the POR document and findings to Council. II1. BASIC SERVICES A. PRELIMINARY SCHEMATIC DESIGN PHASE Schematic Design Phase services provided by RSA for this project shall consist of the following: 1. Perform a preliminary code and zoning review for the new City Hall and consult with the City on any issues that impact the design. 2. Hold an on -site Planning Charrette/Workshop # 3 consisting of meetings with City Administration, Department Heads, Staff and other Project Stakeholders to review the Program of Requirements (POR) for each department and sketch preliminary planning solutions together. Proposal to Provide Architectural Design Services for Anna City Hall Mr. Philip Sanders Revision It 2, March 16, 2015 Page 3 3. Prepare Preliminary Schematic Design drawings including a Site Plan, Floor Plans and 3D mass models of design options incorporating the preliminary planning solutions developed with Stakeholders in Workshop # 3. 4. Meet with the Project Stakeholders and Building Committee to review the Preliminary Schematic Design documents. 5. Prepare Preliminary Rendered Building Elevations or a 3D Rendering of proposed exterior design concept. 6. Prepare a Schematic Design Cost Estimate (utilizing our out of house estimator) or assist the City in developing theirs. 7. Make adjustments to the Preliminary Schematic Design documents and Cost Estimate based on comments received from the Stakeholder/Building Committee review meeting. 8. Attend a meeting with the Project Stakeholders/Building Committee to review the final Schematic Design drawings and Cost Estimate for the project. 9. Prepare a bound report and PowerPoint presentation outlining the POR process/results and Schematic Design deliverables including an Executive Summary, Schematic Design drawings, Preliminary Cost Estimate and Preliminary Schedule, 10. Assist City Staff in presenting the Schematic Design information to Council and citizens. IV. ADDITIONAL SERVICES Additional Services are all services not explicitly listed under Sections II Pre -Design Services &III Basic Services of this Proposal. Additional Services shall be provided when requested by the City on an hourly or negotiated fee basis in addition to the fees charged for the services outlined in Sections II and III above. Prior to beginning Additional Services work, RSA shall request approval from the City in writing if it believes that Additional Services are warranted or have requested by the City. Additional Services include, but are not limited to, the following: A. Revisions requested by the City to the Architect's Work resulting in changes in the design, scope and/or quality. Revisions to the Architect's Work or documents due to changes in the information provided to the Architect by the City. B. Preparing Design alternatives (other than those listed in Sections II and III above) and redesign services for the project including, but not limited to, redesign services required due to the City making changes to the project scope. C. Extensive Town Hall meetings with citizen groups to present the results of the services in this proposal. A reasonable number of Town Hall meetings are included in our fees as part of the services listed in Sections II and III above. D. Design Development, Construction Documents, Bidding/Negotiation and/or Construction Administration Phase services for the Project. As well as the remaining Schematic Design Phase services traditionally provided under Basic Services as part of complete architectural services but not provided in Section III above. E. Field verification of any existing conditions on the sites to be studied. An example could be a downtown site that has existing building improvements on it that need to be worked around but are not indicated on the survey provided to the Architect. F. MEP, structural, civil, landscape architecture, technology, AN, acoustical, envelope consultant, code consultant, surveying or other consulting services required to complete the project. G. Detailed planning for buildings other than the City Hall such as: 1) non -City Hall buildings included in a mixed -use concept and 2) non -City Hall buildings that are part of a campus of buildings. Proposal to Provide Architectural Design Services for Anna City Hall Mr. Philip Sanders Revision It 2, March 18, 2015 V. PRELIMINARY PROJECT SCHEDULE The work for the Pre -Design and Preliminary Schematic Design Services described in Sections II &III above are anticipated to be accomplished in the following approximate timeframes assuming a start date of April 15`, 2015 with a signed agreement between RSA and the City in place and/or a written NTP executed no later than March 31". 2015. A. Site Evaluation and Program of Requirements Apr. 2015 — Jun. 2015 B. Preliminary Schematic Design Services May 2015 — Jul. 2015 VI. PROFESSIONAL FEES A. PRE -DESIGN &PRELIMINARY SCHEMATIC DESIGN SERVICES 1. The services outlined in Sections II & III above shall be provided for the following lump sum fees: a. Site Selection Services $9,500 b. Program of Requirements $18,500 c. Preliminary Schematic Design $41,000 d. Cost Estimating Services S9F500 Total Fees $78,500 B. ADDITIONAL SERVICES 1. Additional Services for the project shall be provided at the following hourly rates or negotiated on a lump sum basis at the time they are required: Principal $250.00/hr. Vice President $225.00/hr. Studio Leader $200.00/hr. Project Architect $150.00/hr. Staff Architect $125.00/hr. Visualization Renderer $125.00/hr. Administrative $85.00/hr. C. REIMBURSABLE EXPENSES Reimbursable Expenses constitute expenses incurred on the City's behalf by the RSA and/or our Consultants. These expenses include, but are not limited to: reproduction of preliminary and final documents, mounting and laminating of presentation boards, Agency Review fees, hotel, meals and per diem expenses, mileage, air fare, rental cars, overnight express, courier services and postage. Reimbursable expenses shall be marked up 10% to cover RSA's handling costs and billed to the Owner in addition to any Basic and Additional Services incurred on the project. VII. PROFESSIONAL REGISTRATION The Texas Board of Architectural Examiners, 333 Guadalupe, Suite 2-350, Austin, Texas 78701-3942, phone: 512.305.9000, has jurisdiction over individuals licensed under the Architects' Registration Law, Article 249A, VTCS. Proposal to Provide Architectural Design Services for Anna City Hall Mr. Philip Sanders Revision # 2, March 18, M.La Page 5 VIII. OTHER CONDITIONS A. This Proposal is valid for 60 days from the date at the top of the first page of this document unless included as an attachment to a fully executed purchase order or contract issued by the Client prior to that date. B. The City shall provide, and the Architect shall be entitled to rely upon the accuracy of: 1) Reasonably accurate site surveys for the proposed sites to be evaluated with associated utilities information. Randall Scott Architects appreciates the opportunity to submit the above Proposal and looks forward to working with The City of Anna on this important Project! Thank you, RANDALL SCOTT ARCHITECTS, INC. OWL& Ib L* +/A Randall B. Scott, AIA President & CEO r� CITY OF ANNA, TEXAS Item No. 13 City Secretary's use only City Council Agenda Staff Report Date: Staff Contact: Exhibits: March 24, 2015 City Manager AGENDA SUBJECT: Discussion regarding paving 4th Street. (Mayor Crist) SUMMARY: STAFF RECOMMENDATION: i CITY OF ANNA, TEXAS Item No. 14 mmmm City Secretary's use only City Council Agenda Staff Report Date: Staff Contact: Exhibits: March 24, 2015 City Manager 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: SUMMARY: 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); bo discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); acquisition of right -of --way; easements; and land for municipal facilities; co discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code §551.087); proposed residential and retail developments; do discuss or deliberate personnel matters: City Secretary Update; Public Works Superintendent. (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. STAFF RECOMMENDATION: �i � r OF ANNA, TEXAS AGENDA SUBJECT: Item No. 15 City Secretary's use only City Council Agenda Staff Report Dpte: Sta Contact: Exhibits: Consider/Discuss/Action on March any iposted agenda for 10, 2015 Wotems listed on rkshop Session or any closed session occurring during this Regular Meeting, as necessary. March 24, 2015 City Manager wrvnVIHKY: STAFF RECOMMENDATION: CITY OF ANNA, TEXAS AGENDA SUBJECT: Adjourn �uivnVIHKY: STAFF RECOMMENDATION: Staff recommends a motion to adjourn. Item No. 16 City Secretary's use only City Council Agenda Staff Report Date: March 24, 2015 Staff—�: City Manager Exhibits: