HomeMy WebLinkAbout2011-08-23 Workshop & Regular Meeting PacketY101MROMETOWN
CITY OF ANNA AGENDA NOTICE - CITY COUNCIL WORKSHOP
August 23, 2011 6:30 p.m. — Anna City Hall Administration Building
The City Council of the City of Anna will meet in Workshop Session at 6:30 p.m.,
August 23, 2011, at the Anna City Hall Administration Building, located at 111 North
Powell Parkway (Hwy 5), regarding the following items.
Call to Order.
2. Roll Call and Establishment of Quorum.
3. Discussion regarding TxDOT City Pride sign (Philip Sanders).
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); Polvell v. City
of Anna, Cause No. 401-03815-2009 in the 401st District Court of Collin
County, Texas; Willia/n Austin Gant and Paul Eugene Gant v. City of
Anna, Cause No. 380-02370-2011 in the 380th District Court of Collin
County, Texas; anticipated litigation involving street right of way
over former CR 366; legal consultation regarding municipal and
extraterritorial boundaries on eastern and western areas of City
b. Discuss or deliberate the purchase, exchange, lease, or value of real
property (Tex. Gov't Code §551.072); property on S. Powell Parkway.
c. Deliberation Regarding Economic Development Negotiations: (1) to
discuss or deliberate regarding commercial or financial information
that the governmental body has received from a business prospect that
the governmental body seeks to have locate, stay, or expand in or near
L The Council may vote and/or act upon each of the items listed in this agenda.
2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is
considered necessary and legally justified under the Open Meeting Act.
3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924-
3325 two working days prior to the meeting so that appropriate arrangements can be made.
08-23-11 CC Regular Meeting Agenda.doc I Posted 08-19-11
the territory of the governmental body and with which the
governmental body 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); technology based businesses
The council further reserves the right to enter into executive session at any
time throughout any duly noticed meeting under any applicable exception
to the Open Meetings Act.
5. Discussion regarding any item on the City Council's August 23, 2011
Regular Meeting Agenda Notice, which was posted at the same date, time
and place of this Workshop Agenda Notice.
6. Adjown.
This is to certify that I, Philip Sanders, City Manager, posted this agenda at a place
readily accessible to the public at the Anna City Hall and on the City Hall bulletin board
at or before 5:00 p.m., August 19, 2011.
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 (we working days prior to the meeting so that appropriate arrangements can be made.
08-23-11 CC Regular Meeting Agenda.doc 2 Posted 08-19-11
Y10UMEOMETOWN
CITY OF ANNA AGENDA NOTICE — CITY COUNCIL REGULAR MEETING
August 23, 2011 7:30 p.m. — Anna City Hall Administration Building
The City Council of the City of Anna will meet in Regular Session at 7:30 p.m., August
23, 2011, at the Anna City Hall Administration Building, located at 111 North Powell
Parkway (Hwy 5), to consider the following items.
Welcome to the Ciiy Council Meeting. Please sign the Sign -In -Sheet as a record of
attendance. If you wish to speak on an open -session agenda item please fill out the
Opinion/Speaker Registration Form and turn it in to the City Secretary before the
meeting starts.
1. Call to Order.
2. Invocation and Pledge of Allegiance.
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 ofpeople in the municipality that has arisen after the
posting of the agenda.
L The Council may vote and/or act upon each of the items Iisted 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 Iegallyjustified under the Open Meeting Act.
3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924-
3325 hvo working days prior to the meeting so that appropriate arrangements can be made.
08-23-11 CC Regular Meeting Agenda.doc 4 Posted 08-19-11
Consent Items. These items consist of non -controversial or "housekeeping" items
required by law. Items may be considered individually by any Council member
making such request prior to a motion and vote on the Consent Items.
a. Approve City Council Minutes for Special Meeting August 2, 2011.
b. Approve City Council Minutes for Regular Meeting August 9, 2011.
6. Consider/Discuss/Action regarding electing a Mayor Pro Tem. (City Council)
Consider/Discuss/Action regarding electing a Deputy Mayor Pro Tem. (City
Council)
8. Hold a public hearing regarding the proposed Annual Budget for the 2011-2012
fiscal year. (Clayton Fulton)
9. Consider/Discuss/Action regarding a Resolution receiving the final report of the
Charter Review Commission and ordering publication of said report. (Philip
Sanders)
10(a). Public Hearing: To consider public comment regarding an ordinance
amending the City's comprehensive plan, zoning map, and zoning ordinance
and changing the zoning of certain properties generally located west of Powell
Parkway (State Highway 5) and generally known as State Farm Insurance and
Affordable Self Storage. The City of Anna has initiated a zoning change on
Lot 1 Block A of the Walnofer Addition from Single Family Estate (SF -E) to
Restricted Commercial (C-1) and Lot 2 Block A within the Z. F. Lester
Survey of the Walnofer Addition from Single Family Estate (SF -E) to Planned
Development (PD) with C-1 uses. The property was recently annexed into the
City and automatically placed in the temporary zoning category of "SF -E".
This zoning request would change the status of the property from a legal non
conforming status into conformity with the zoning ordinance. (Maurice
Schwanke)
10(b). Consider/Discuss/Action regarding adopting an ordinance amending the
City's comprehensive plan, zoning map, and zoning ordinance and changing
the zoning of certain property generally located west of Powell Parkway
(State Highway 5) and generally known as State Farm Insurance and
Affordable Self Storage. The City of Anna has initiated a zoning change on
Lot 1 Block A of the Walnofer Addition from Single Family Estate (SF -E) to
Restricted Commercial (C-1) and Lot 2 Block A within the Z. F. Lester
Survey of the Walnofer Addition from Single Family Estate (SF -E) to Planned
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.
08-23-11 CC Regular Meeting Agenda.doc 5 Posted 08-19-11
Development (PD) with C-1 uses. The property was recently annexed into the
City and automatically placed in the temporary zoning category of "SF -E".
This zoning request would change the status of the property from a legal non
conforming status into conformity with the zoning ordinance. (Maurice
Schwanlce)
11. Consider/Discuss/Action adopting an Ordinance regarding Moving, Relocation
and Demolition of Structures. (Clark McCoy)
12. Consider/Discuss/Action regarding a Resolution authorizing the Anna Economic
Development Corporation to: (1) pursue a project including the
purchase/financing of the property located at 312 North Powell Parkway
including costs of remodeling; and (2) refinance a loan related to EDC property
located on CR 427. (Jessica Perkins)
13. Consider/Discuss/Action regarding a Resolution accepting a petition for
annexation and establishing the dates, times, and places for public hearings for the
annexation of property located south of CR 421 and east of the CR 418; 10.4
acres. (Maurice Schwarke)
14. Consider/Discuss/Action regarding a Resolution amending an Economic
Development Agreement with Bloomfield Properties Inc. (Philip Sandell)
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 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); Powell v. City of Anna, Cause No. 401-03815-2009 in
the 401st District Court of Collin County, Texas; William Austin Gant and Paul
Eugene Gant v. Cit)) of Anna, Cause No. 380-02370-2011 in the 380th District
Court of Collin County, Texas; anticipated litigation involving street right of way
over former CR 366; legal consultation regarding municipal and extraterritorial
boundaries on eastern and western areas of City
b. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex.
Gov't Code §551.072); property on S. Powell Parkway.
c. Deliberation Regarding Economic Development Negotiations: (1) to discuss
or deliberate regarding commercial or financial information that the
governmental body has received from a business prospect that the
L The Council may vote and/or act upon each of the items Iisted in this agenda.
2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is
considered necessary and legally justified under the Open Meeting Act.
3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924-
3325 two working days prior to the meeting so that appropriate arrangements can be made.
08-23-11 CC Regular Meeting Agenda.doc 6 Posted 08-19-11
governmental body seeks to have locate, stay, or expand in or near the
territory of the governmental body and with which the governmental body 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); technology based businesses
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 August 23,
2011 City of Amia Workshop Session or any closed session occurring during this
Regular Meeting, as necessary.
17. Adjourn.
This is to certify that I, Philip Sanders, City Manager, posted this agenda at a
place readily accessible to the public at the Anna City Hall and on the City Hall
bulletin board at or before 5:00 p.m., August 19, 2011.
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 legallyjuslified under the Open Meeting Act.
3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924-
3325 two working days prior to the meeting so that appropriate arrangements can be made.
08-23-11 CC Regular Meeting Agenda.doc 7 Posted 08-19-11
MINUTES OF
CITY OF ANNA AGENDA NOTICE — CITY COUNCIL SPECIAL
BUDGET WORKSHOP MEETING
August 2, 2011 6:30 PM — Anna City Hall Administration Building
The City Council of the City of Anna met in a Special Budget Workshop Session at 6:30 p.m.,
August 2, 2011, at the Anna City Hall Administration Building, located at 111 North Powell
Parkway (Hwy 5), regarding the following items.
1. Call to Order
Mayor Darren R. Driskell called the meeting to order at 6:39 p.m.
2. Roll Call and Establishment of Quorum.
A quorum was established. Mayor Darren R. Driskell and Council Members Kevin
Anderson, John Geren and Becky Glover were present. Council Members Mike Crist,
Keith Green and Marc Hendricks were absent.
3. Workshop: The following items/issues will be discussed. No action will be taken
on any item.
1. Discussion regarding 2011-2012 Budget.
City Manager, Philip Sanders presented the 2011-2012 Budget to
Council.
Council Member John Geren made the motion to enter closed session at 7:35 p.m.
Mayor Daren R. Driskell seconded the motion. Motion passes.
AYE 4 NAY 0 ABSTAIN
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. Personnel Matters: to deliberate the appointment of an Acting City
Secretary, (Tex. Gov't Code §551.074);
Mayor Darren R. Driskell returned to open session at 7:56 p.m.
5. Consider/Discuss/Action regarding resolution appointing an Acting City
Secretary.
Council Member Becky Glover made the motion to appoint Clayton Fulton as Acting
City Secretary. Council Member John Geren seconded the motion. Motion passes.
08-02-11 CC Special Budget Workshop Minutes.doc 1 08-02-11
AYE 4 NAY 0 ABSTAIN 0
6. Consider/Discuss/Action regarding an ordinance amending the City's personnel
policy manual regarding City Council authority to grant exemptions from
application of provisions of manual.
City Manager, Philip Sanders presented this item to council. Mayor Darren R. Driskell
made the motion to approve. Council Member Becky Glover seconded the motion.
Motion passes.
AYE 4 NAY 0 ABSTAIN 0
7. Consider/Discuss/ Action regarding a resolution granting exemption from the City's
personnel policy manual regarding City Council authority to grant exemptions from
application of provisions of manual.
Mayor Darren R. Driskell made the motion to approve. Council Member Kevin
Anderson seconded the motion. Motion passes.
AYE 4 NAY 0 ABSTAIN 0
8. Adjourn.
Council Member Kevin Anderson made the motion to adjourn at 7:58 p.m. Council
Member Becky Glover seconded the motion. Motion passes.
AYE 4 NAY 0 ABSTAIN 0
ATTEST: APPROVED:
Clayton Fulton, Acting City Secretary
Darren R. Driskell, Mayor
08-02-11 CC Special Budget Workshop Minutes.doc 2 08-02-11
MINUTES OF
CITY OF ANNA AGENDA NOTICE - CITY COUNCIL WORKSHOP
August 9, 2011 6:30 p.m. — Anna City Hall Administration Building
The City Council of the City of Anna met in Workshop Session at 6:30 p.m., August 9,
2011, at the Anna City Hall Administration Building, located at 111 North Powell
Parkway (Hwy 5), regarding the following items.
1. Call to Order
Mayor Darren R. Driskell called the meeting to order at 6:30 p.m.
2. Roll Call and Establishment of Quorum.
A quorum was established. Mayor Darren R. Driskell and Council
Members Kevin Anderson, John Geren, Marc Hendricks and Becky
Glover were present. Council Members Mike Crist and Keith Green were
absent.
3. Discussion regarding the proposed FY 2012 Budget.
Mayor Darren R. Driskell skipped this item and noted that item would be
discussed after closed session.
Council Member Marc Hendricks made the motion to enter closed session
at 6:32 p.m. Council Member John Geren seconded the motion. Motion
passes.
AYE 5 NAY 0 ABSTAIN 0
Chief Newton presented a presentation regarding options on "Medical
Director".
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); Powell v. City of Anna, Cause No. 401-03815-2009 in the
401st District Court of Collin County, Texas; legal consultation
regarding municipal and extraterritorial boundaries on eastern
and western areas of City.
08-09-11 CC Minutes.doe 1 08-09-11
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 Darren Driskell returned to open session at 7:10 p.m. and went to
item number three (3).
5. Discussion regarding any item on the City Council's August 9, 2011
Regular Meeting Agenda Notice, which was posted at the same date,
time and place of this Workshop Agenda Notice.
None
6. Adjourn.
Council Member Kevin Anderson made the motion to adjourn at 7:25 p.m.
Council Member John Geren seconded the motion. Motion passes.
AYE 5 NAY 0
ATTEST:
ABSTAIN 0
Clayton Fulton, Acting City Secretary
L"90I1"I
Darren Driskell, Mayor
08-09-11 CC Minutes.doc 2 08-09-11
MINUTES OF
CITY OF ANNA AGENDA NOTICE — CITY COUNCIL REGULAR MEETING
August 9, 2011 7:30 p.m. — Anna City Hall Administration Building
The City Council of the City of Anna met in Regular Session at 7:30 p.m., August 9,
2011, at the Anna City Hall Administration Building, located at 111 North Powell
Parkway (Hwy 5), to consider the following items.
Welcome to the City Council Meeting. Please sign the Sign -In -Sheet as a record of
attendance. If you wish to speak on an open -session agenda item please fill out the
Opinion/Speaker Registration Form and turn it in to the City Secretary before tite
meeting starts.
1. Call to Order.
Mayor Darren R. Driskell called the meeting to order at 7:30 p.m.
2. Invocation and Pledge of Allegiance.
Mayor Darren R. Driskell 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 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.
Chief Danny Newton informed regarding the upcoming "Memorial Set -vice" at
Slayter Creek Park on September 11, 2011.
Terry Tombaugh introduced himself as the new representative at Atmos Energy.
08-09-11 CC Minutes.doc 3 08-09-11
5. Consent Items. These items consist of non -controversial or "housekeeping"
items required by law. Items may be considered individually by any Council
member making such request prior to a motion and vote on the Consent Items.
a. Review Anna EDC minutes for the regular meeting from March 3,
2011 and June 2, 2011 and the special meeting from June 30, 2011
b. Review Anna CDC minutes for the regular meeting of March 3, 2011
and June 2, 2011 and the special meeting from June 30, 2011.
c. Review P&Z minutes for the regular meeting of June 6, 2011.
d. Review Parks Board minutes for the regular meetings of Jan 18th,
February 17th, March 21st, April 25th, and June 20th, 2011.
e. Approve City Council Minutes for Special Meeting July 5 2011.
f. Approve City Council Minutes for Regular Meeting July 12, 2011.
g. Approve City Council Minutes for Regular Meeting July 26, 2011.
Council Member John Geren made the motion to approve the consent items.
Council Member Marc Hendricks seconded the motion. Motion passes.
AYE 5 NAY 0 ABSTAIN 0
6. Consider/Discuss/Action regarding a Proposed Tax Rate for 2011-2012 Fiscal
Year.
Clayton Fulton, Director of Finance, presented this item to Council. Council
Member John Geren the motion to approve. Council Member Becky Glover
seconded the motion. Motion passes.
AYE 5 NAY 0 ABSTAIN 0
7. Consider/Discuss/Action regarding authorizing the City Manager to sign a
letter of engagement to perform the financial audit of the City of Anna,
Texas for the fiscal year ending September 30, 2011.
Clayton Fulton, Director of Finance, presented this item to Council. Council
Member Becky Glover made the motion to approve. Council Member John
Geren seconded the motion. Motion passes.
AYE 5 NAY 0 ABSTAIN
8. Consider/Discuss/Action approving a Resolution regarding the execution of
an Interlocal Agreement with North Central Texas Council of Governments
for the NLC Service Line Warranty Program.
08-09-11 CC Minutes.doc 4 08-09-11
City Manager, Philip Sanders presented this item to Council. Council Member
Becky Glover made the motion to approve. Council Member Marc Hendricks
seconded the motion. Motion passes.
AYE 5 NAY 0 ABSTAIN 0
9. Consider/Discuss/Action approving a Resolution regarding the approval of a
license agreement related to North Central Texas Council of Governments
for the NLC Service Line Warranty Program.
City Manager, Philip Sanders presented this item to Council. Council Member
Marc Hendricks made the motion to approve. Council Member John Geren
seconded the motion. Motion passes.
AYE 5 NAY 0 ABSTAIN 0
10. Consider/Discuss/Action adopting an Ordinance regarding Approving a
Negotiated Resolution between the ATMOS 'Steering Committee" and the
ATMOS Energy Corp., MID-TEX Division regarding the Company's Fourth
Annual Rate Review Mechanism Filing in all Cities Exercising Original
Jurisdiction. (Philip Sanders)
City Manager, Philip Sanders presented this item to Council. Council Member
John Geren made the motion to approve. Council Member Marc Hendricks
seconded the motion. Motion passes.
AYE 5 NAY 0 ABSTAIN 0
11. Consider/Discuss/Action regarding a Resolution approving the amendments
to the Anna EDC bylaws.
Jessica Perkins presented this item to Council. Mayor Darren R. Driskell made
the motion to approve. Council Member Becky seconded the motion. Motion
passes.
AYE 5 NAY 0 ABSTAIN 0
12. Consider/Discuss/Action regarding a Resolution approving the amendments
to the Anna CDC bylaws.
Jessica Perkins presented this item to Council. Mayor Darren R. Driskell made
the motion to approve. Council Member Becky Glover seconded the motion.
Motion passes.
AYE 5 NAY 0 ABSTAIN 0
13. Consider/Discuss/Action adopting a Resolution regarding a subscription to
Web QA an online shop local marketing program.
08-09-11 CC Minutes.doc 5 08-09-11
City Manager, Philip Sanders presented this item to Council. Mayor Driskell
made the motion to approve. Council Member Kevin Anderson seconded the
motion. Motion passes.
AYE 5 NAY 0 ABSTAIN 0
14. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551,
the City Council may enter into closed session to discuss any items listed or
referenced on this agenda under the following exceptions
a. Consult with legal counsel regarding pending or contemplated
litigation and/or on matters in which the duty of the attorney to
the governmental body under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflicts
with Chapter 551 of the Government Code (Tex. Gov't Code
§551.071); Powell v. City of Anna, Cause No. 401-03815-2009 in the
401st District Court of Collin County, Texas; legal consultation
regarding municipal and extraterritorial boundaries on eastern
and western areas of City.
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 did not go into closed session.
15. Consider/Discuss/Action on any items listed on posted agenda for August 9,
2011 City of Anna Workshop Session or any closed session occurring during
this Regular Meeting, as necessary.
No action was taken.
16. Adjourn.
Mayor Darren R. Driskell made the motion to adjourn. Council Member Kevin
Anderson seconded the motion. Motion passes. Meeting adjourned at 7:55 p.m.
AYE 5 NAY 0 ABSTAIN 0
ATTEST: APPROVED:
Clayton Fulton, Acting City Secretary
Darren R. Driskell, Mayor
08-09-11 CC Minutes.doc 6 08-09-11
WOUR}HOMETOWN
Council Meeting: August 23, 2011
Item No
City Secretary' use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Philip Sanders
Account Code #:
Budgeted Amount: Exhibits: ❑ Yes ❑ No
AGENDA SUBJECT: Consider/Discuss/Action regarding electing a Mayor Pro Tem and
Deputy Mayor Pro -Tem.
SUMMARY: It has been suggested that due to scheduling and availability concerns, the
Council may want to elect new members to serve as Mayor Pro Tem and Deputy Mayor Pro
Tem. Councilman Crist currently services as Mayor Pro Tem, and Councilman Green serves and
Deputy Mayor Pro Tem.
WODRTHOMET0
Council Meeting: August 23, 2011
Account Code
Budgeted Amount: N/A
Item No. 9
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Clayton Fulton
Date Prepared: 8/17/2011
Exhibits: ❑ Yes Z No
AGENDA SUBJECT: Public Hearing: Hear Public Comment on the proposed budget
for Fiscal Year 2011-2012
SUMMARY: The City Charter requires that a public hearing be conducted prior to the
adoption of the ensuing fiscal year budget. All required notices of the hearing have been
published and posted in accordance with the Charter. The Council is scheduled to adopt
the budget during the September 6 Council meeting.
YfouR}HOMETOWN
Council Meeting: August 23, 2011
Account Code #:
Budgeted Amount:
Item No.
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Philip Sanders
Exhibits: ❑ Yes ❑ No
AGENDA SUBJECT: Consider/Discuss/Action regarding a Resolution receiving the final
report of the Charter Review Commission and ordering publication of said report.
SUMMARY: In accordance with the City of Anna, Texas Home -Rule Charter, the Charter
Review Commission has completed its responsibility to review the Charter and has filed the
attached report which contains its findings and recommendations. The attached Resolution
acknowledges receipt of the report and orders the publication of the report summary as required
in the Charter.
The Council must review the report and may (at its discretion) order any amendments suggested
be submitted to the voters. The Council may call for an election to be held in November or May.
If an election is to be called for November of 2011, the Council must call the election prior to
September 7. The City Council will meet on September 6 to adopt the annual budget and to take
any action necessary to call for a November 2011 election of it so chooses.
RECOMMENDATION: With the exception of recommendations i. and v., the Commission's
recommendations would not have a substantive effect on governmental operations.
Recommendation i. calls for the terms of all city council seats to be evenly staggered with two
council seats elected every year and the Mayor elected every third year.
Recommendation v. would allow persons who are not city residents but that live in the city's
extra -territorial jurisdiction to serve on city boards and commissions provided that the majority
of members of each board are city residents. Below is a summary of the eligibility requirements
for boards and commissions in our comparison cities.
Celina — P&Z and Board of Adjustment members must be city residents. Parks and other
Boards may be city residents or reside in the ETJ.
Prosper — P&Z and EDC members must be city residents. Board of Adjustment members must
be city residents or reside in the ETJ. Parks Board must be city residents expect that no more
than two members may reside in the ETJ or own a business located in the city.
Princeton — Members of all boards must be city residents
Item No.
City Secretary's use only
Melissa — P&Z members must be city residents (proposed Charter). Members of the Board of
Adjustment, EDC, and CDC must be city residents per existing city policy.
Fairview — Members of all boards must be city residents
Royse City — P&Z members must be city residents
Little Elm — Charter requires P&Z and Board of Adjustment members to be town residents.
Adopted policies require members of all other boards and commissions to be town residents.
Forney — Members of all boards mentioned by statute (P&Z, Board of Adjustment, EDC, CDC)
must be city residents.
Van Alstyne — varies by board (waiting for more detail from the city)
It is our belief that residency status will have significant influence how people who serve on
boards and commissions view the issues they are asked to act on. Staff recommends preserving
charter language that retains to the extent possible the privilege of servingon n city boards and
commissions to residents of the city. At the very least city residency should be required for all
members of the Planning and Zoning Commission and Board of Adjustment whose decisions
have a direct effect on other city residents.
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS RECEIVING THE FINAL REPORT
OF THE CHARTER REVIEW COMMISSION AND ORDERING PUBLICATION OF
SAID REPORT
WHEREAS, In accordance with the City of Anna, Texas Home -Rule Charter (the
"Charter"), the Charter Review Commission (the "Commission") hereby reports to the
City Council of the City of Anna, Texas (the "City Council") that it has fully discharged its
duties as set forth in Section 11.07 of the Charter and hereby reports the Commission's
findings and recommendations to the City Council; and
WHERAS, the Commission, an advisory body, assembled periodically in meetings that
were duly noticed and open to the public and has developed a series of recommended
amendments to the Charter, as set forth in this report; and
WHEREAS, the members of the Commission have duly authorized the Commission's
Chairman to provide this report to the City Council;
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. Receipt of Report and Order of Publication
The City of Anna City Council hereby receives the Commission's report, attached hereto
as EXHIBIT 1, incorporated herein for all purposes and orders the publication of said
report summary as required in the Charter.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 23rd
day of August, 2011.
APPROVED: ATTEST:
Darren R. Driskell, Mayor City Secretary
CITY OF ANNA, TEXAS RESOLUTION NO._ PAGE 1 OF 1
CITY OF ANNA CHARTER REVIEW COMMISSION
MEMORANDUM REPORT
TO: Hon. Mayor Darren Driskell and City of Anna City Council Members
FROM: Ty Chapman, Chairman, Anna Charter Review Commission
DATE: August 15, 2011
RE: (1) Report on Findings; and (2) Comprehensive Summary for Publication
1. REPORT ON FINDINGS:
a. Introduction
In accordance with the City of Anna, Texas Home -Rule Charter (the "Charter"), the Charter
Review Commission (the "Commission") hereby reports to the City Council of the City of Anna,
Texas (the "City Council") that it has fully discharged its duties as set forth in Section 11.07 of
the Charter and hereby reports the Commission's findings and recommendations to the City
Council. The Commission, an advisory body, assembled periodically in meetings that were duly
noticed and open to the public and has developed a series of recommended amendments to the
Charter, as set forth in this report. The members of the Commission have duly authorized the
Commission's Chairman to provide this report to the City Council.
b. List of Charter Provisions Recommended for Amendment
I. Section 3.01(b) — Staggering of City Council Elections
ii. Section 3.05(d) — Filling of City Council Vacancies
iii. Section 3.06(10) — Design of Structures; Abatement of Dangerous Structures
iv. Section 6.09(b) — Vacancies Created by Recall Election
v. Section 8.01(b) —Appointments to Boards and Commissions
vi. Section 9.01(c)— Meetings of Planning & Zoning Commission
vii. Section 12.09 —Disaster Clause
c. Description of Amendments
Section 3.01(b)—Staggering of City Council Elections. Currently, City Council elections
occur in three-year staggered cycles. In year one, the Mayor and three Council places
are elected. In year two, the other three Council members are elected. In the final
year of the election cycle there are no elections. This presents the potential that as
many as four positions on the Council could change in the first year of the cycle. The
Commission is concerned that such a large turnover could lead to instability in policy
and general direction of the City. The Commission recommends that the Charter be
amended so that there is a regular election every year, which would reduce the
number of potential turnover from a maximum of four positions to a maximum of
three positions in the first year of the election cycle and a maximum of two positions
in the second and third years of the election cycle. Instituting such staggering would
require some Council members to serve an additional year on current terms or require
some new elections for shortened terms before all City Council members would
eventually serve three-year terms. The Commission has no recommendation as to
which positions should be lengthened or shortened to achieve the staggering.
ii. Section 3.05(d) — Filling of City Council Vacancies. Section 3.05(d) includes a sentence
that relates to the appointment of vacancies on the Council by the remaining Council
members. This sentence appears to be a remnant from the original adoption of the
Charter in 2005, when Council member terms of office were only two years. When the
Charter was amended to increase Council member terms to three years, this sentence
should have been removed as the Texas Constitution requires all vacancies to be filled
by an election, rather than by appointment. While the inclusion of the sentence is
legally inconsequential, it could cause confusion. The Commission recommends that
the Charter be amended to remove the referenced sentence.
iii. Section 3.06(10) — Design of Structures; Abatement of Dangerous Structures. This
provision currently requires the Council to adopt rules requiring fire proof structures
and uses outmoded and redundant language, for example, referencing both "buildings
and structures." The Commission recommends that the language be streamlined and
that "fireproof buildings" be amended to read "fire-resistant structures."
iv. Section 6.09(b) — Vacancies Created by Recall Election. Similar to the issue raised with
regard to Section 3.05(d), there is a fragment in this provision, namely, "by the City
Council" that should be removed to clarify the fact that vacancies on the City Council
must be filled by elections, not appointments.
v. Section 8.01(b) —Appointments to Boards and Commissions. The Commission
recommends that the Charter be amended to allow persons that are qualified to vote
in statewide and county elections and who reside in the City's extraterritorial
jurisdiction be permitted to serve on Boards and Commissions appointed by the
Council, including without limitation the Planning & Zoning Commission, the Board of
Adjustments, the City's development corporations, the Parks Board, etc. The
recommended amendment would restrict the numbers of appointments of such
persons so that a majority of the appointees of each such board or commission
resides within the City's corporate limits.
vi. Section 9.01(c) — Meetings of Planning & Zoning Commission. The Charter currently
requires the Planning & Zoning Commission to elect from its members a Chairman, a
Vice Chairman, and Secretary in July of each year. The Commission recommends that
this provision be amended so that said officer positions may be elected during the
subsequent meeting of the Planning & Zoning Commission that follows the month of
July if there is no July meeting.
vii. Section 12.09 — Disaster Clause. The Disaster Clause currently provides that if there are
multiple deaths or injuries to City Council members so as to prevent a legal quorum, a
temporary commission may be appointed to act and call a special election. The
Commission recommends that in addition to this clause being triggered by deaths and
injuries, it also include as a trigger absence of members caused by or in the wake of a
disaster.
d. Proposed Text of Amendments
i. Section 3.01(b) — Staggering of City Council Elections.'
(b) Terms of the Council Members are staggered so that eveFy third year t"^F^ will be
no regular election ^f''^ nGil "4prnbPrg T"^ and the staggering of terms will be
initiated as follows:
(1) in the May 2009 2012 election, voters will elect Council Members for Places 3
and 5, and the Mayor, each for three-year terms;
(2) The Council Member serving a three-year term for Place 1 that would have
expired in May 2012 shall continue to serve in said Place until the May 2013
election;
L31(2-) in the May -210-2013 election, voters will elect a -Council Members for Places 1
and 2, 4, and ra, each for three-year terms;
(4) Council Members serving three-year terms for Places 4 and 6 that would have
normally expired in May 2012 shall continue to serve in said Places until the May
2014 election;
(5) in the May 2014 election, voters will elect Council Members for Places 4 and 6,
each for three-year terms; and
lll� all subsequent regular City Council and Mayoral elections will be for three-year
terms.
ii. Section 3.05(d)— Filling of City Council Vacancies.
(d) If for any reason a single vacancy or multiple vacancies exist on the City Council, the
vacancy must be filled by majority vote of the qualified voters at a special election
called for such purpose within 120 days after such vacancy occurs as required by
Article XI, Section 117 of the Texas Constitution. The appointee ,,,,,,+.......t the
qualificatieRs.,.feren,.^a in Section 3 0 ^f �.. The person elected to fill
the vacancy serves until the next regular municipal election for that Place on the
Again, the Commission takes no position on which Council member positions or places are lengthened or
reduced. The proposed text of the amendment is intended only by way of an example showing one manner
in which to implement the proposed staggering of terms, and the Commission fully anticipates that the City
Council will make any appropriate adjustments as it deems desirable.
City Council. If the position of Mayor becomes vacant, then the City Council must—
as soon as is practicable after a Mayor is elected to fill the vacancy—elect the
positions of Mayor Pro -Tem and Deputy Mayor Pro -Tem.
iii. Section 3.06(10) — Design of Structures; Abatement of Dangerous Structures.
(10) provide for the establishment and designation of fire limits and prescribe the kind
and character of buildiRgs oF structures or improvements to be erected; provide for
the erection of fire-resistant structures firepraaf buildings within certain limits; and
provide for the abatement ^^,o, of dangerousstFwGtuFes of buildi or
dilapidated structures buildings or buildings ealeulated "^ iReFease the °'r^ hazard,
iv. Section 6.09(b) — Vacancies Created by Recall Election.
(b) If a majority of the votes cast at such election are "Yes" votes—that is, vote in favor
of recalling the person named on the ballot—the officer is, regardless of any
technical defects in the recall petition, deemed removed from office and the
vacancy must be filled by the Cid as provided in this Charter.
v. Section 8.01(b) — Appointments to Boards and Commissions.
(b) Individuals who are qualified to vote in Texas elections and who reside v9ters in the
City or in the City's extraterritorial iurisdiction may be appointed by the City Council
to serve on one or more boards, commissions or committees. The City Council must
make such appointments in a mannerthat results in the membership of each board,
commission or committee being composed of at least a majority of individuals
residing within the City. Such appointees serve at the pleasure of the City Council
and may be removed at the discretion of the City Council. Appointees must be
removed and replaced when necessary to ensure that the membership of each
board, commission or committee is composed of at least a majority of individuals
residing within the City. Except as otherwise provided in this Charter, members of
any such board, commission or committee serve without compensation but may be
reimbursed for actual expenses as approved by the City Council.
vi. Section 9.01(c) — Meetings of Planning & Zoning Commission.
(c) No member may serve on the Commission for more than three completed
consecutive terms, exclusive of any unexpired term to which the member may have
been appointed to fill due to a vacancy on the Commission. Any vacancy occurring
during the unexpired term of a member may be filled by the City Council for the
remainder of the unexpired term. In July of each year, or during the Commission's
next meeting after JuIV if the Commission does not meet in July, the Commission
must elect from its members a Chairman, Vice Chairman, and Secretary to serve for
one year beginning in that month. Members of the Commission may be removed,
without cause, by an affirmative vote of a majority of the full membership of the
City Council.
vii. Section 12.09 — Disaster Clause.
In case of disaster when a legal quorum of the City Council cannot otherwise be
assembled due to multiple disaster -related absences, deaths or injuries, the
surviving persons of the City Council, or highest surviving City official if no elected
official remains, must within 24 hours of such disaster, request the highest surviving
officers of the local Chamber of Commerce and the Board of Trustees of the local
school district, and the County Judge of Collin County to appoint a commission to
act during the emergency and call a City election within 15 days of such disaster, or
as provided in the Texas Election Code, for election of a required quorum, if for
good reasons it is known a quorum of the present City Council will never again
meet.
2. COMPREHENSIVE SUMMARY FOR PUBLICATION
The Comprehensive Summary of the Commission's recommended amendments is as set forth in
Section 1.c. i. -vii of this report.
3. CONCLUSION
The Commission would like to thank the City Council for the opportunity to provide support in
the process of the City's review of the Charter and believes that this report contains beneficial
advice for the City Council's consideration.
Respectfully Submitted,
Ty Chapman, Chairman
Charter Review Commission
!1
Y(OUR}ROMEWWN
Council Meeting: August 23, 2011
Account Code
Budgeted Amount: N/A
Item No.
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Maurice. Schwanke
Date Prepared: 08/16/11
Exhibits: ■ Yes ❑ No
AGENDA SUBJECT: (a) Public Hearing
To consider public comment regarding an ordinance amending the City's comprehensive plan,
zoning map and zoning ordinance and changing the zoning of certain properties generally
located west of Powell Parkway (State Highway 5) and generally known as State Farm
Insurance and Affordable Self Storage. The City of Anna has initiated a zoning change on Lot
1 Block A of the Walnofer Addition from Single Family Estate (SF -E) to Restricted
Commercial (C-1) and Lot 2 Block A within the Z. F. Lester Survey of the Walnofer Addition
from Single Family Estate (SF -E) to Planned Development (PD) with C-1 uses with mini
storage units. The property was recently annexed into the City and automatically placed in the
temporary zoning category of "SF -E". This zoning request would change the status of the
property from a legal non conforming status into conformity with the zoning ordinance.
(b) Consider/Discuss/Action regarding adopting an ordinance amending the City's
comprehensive plan, zoning map and zoning ordinance and changing the zoning of certain
properties generally located west of Powell Parkway (State Highway 5) and generally known as
State Farm Insurance and Affordable Self Storage. The City of Anna has initiated a zoning
change on Lot 1 Block A of the Walnofer Addition from Single Family Estate (SF -E) to
Restricted Commercial (C-1) and Lot 2 Block A within the Z. F. Lester Survey of the Walnofer
Addition from Single Family Estate (SF -E) to Planned Development (PD) with C-1 uses with
mini storage. The property was recently annexed into the City and automatically placed in the
temporary zoning category of "SF -E". This zoning request would change the status of the
property from a legal non conforming status into conformity with the zoning ordinance.
The property proposed for rezoning is owned and operated by Rod Walnofer. Prior to
annexation by the City Mr. Walnofer was working through Collin County for all of his
improvements except for platting issues which fall within the jurisdiction of Anna. Mr.
Walnofer's project has one more building to complete before his project is finished. This
building is located towards the back of his project. In order for Mr. Walnofer to obtain a
building permit to build the remaining building the appropriate zoning must be in place to
accommodate the use. Currently, the front of the project along North Powell Parkway is an
insurance office with a mini storage facility in the rear. Normally, if built within the City a
concrete fire lane would be required for the entire project. However the fire lanes that are in
place were constructed under the County's prevue. Since the fire lanes are in place we are
recommending that they be allowed to be used without retrofitting in this instance. In
conversation with our Fire Marshall this arrangement will be sufficient. The staff is
recommending approval of this request
Item No.
City Secretary's use only
PLANNING AND ZONING ACTION: The Planning and Zoning Commission
recommended approval of the proposed ordinance at their meeting on August 1, 2011 meeting.
The vote was unanimous.
RECOMMENDED ACTION: 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, August
23, 2011 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 City of Anna has initiated a zoning
change on properties generally located west of Powell Parkway (State Highway Number 5) and
generally known as State Farm Insurance and Affordable Self Storage from Single Family
Estate (SF -E) to Restricted Commercial (C-1) and to Planned Development Zoning (PD) with
Restricted Commercial (C-1) uses. The property was recently annexed into the City and
automatically placed in the temporary zoning category of "SF -E. This zoning request would
change the status of the property from a legal non conforming status into conformity with the
zoning ordinance.
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, and 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.
CITY OF ANNA, TEXAS
ORDINANCE NO.
Affordable Storage/Walnofer Insurance Zoning
"C-1" & "Planned Development" ("PD")
3115 and 3119 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 was annexed into the City of Anna on December 14, 2010 by Ordinance
Number 525-2010; and
WHEREAS, the Planning and Zoning Commission of the City of Aima 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 as Lot 1 Block A of the Wahrofer Addition from "SF -E" to
"C-1" (Tract 1) and Lot 2 Block A within the Z. F. Lester Survey of the Walnofer Addition from "SF -E"
to "PD" with "C-1" uses(Tract 2). The Planned Development shall include the following elements:
Permitted Uses
The permitted uses on tract two will be the same as those permitted in the Restricted Commercial (C-1)
district including the following:
a) Mini -Storage with no outside storage other than the storage of operable vehicles, recreational
vehicles, utility trailers, and boats.
b) The existing driveway system and style will be allowed to be extended into the remainder of
the project.
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. The official Zoning Map of the City of Anna shall be corrected to reflect the change in zoning
described herein.
Section 4. All ordinances of the City of Anna in conflict with the provisions of this ordinance are
repealed to the extent of that conflict.
Section 5. This Ordinance shall take effect immediately from and after its passage and the publication of
the caption of said ordinance as the law in such case provides.
PASSED by the City Council of the City of Anna, Texas, this day of 12011.
ATTESTED: APPROVED:
City Secretary, Natha Wilkison Mayor, Darren Driskell
EXHIBIT A
Legal Description
Tract 1
"SF -E" to °C-1"
Being all of Lot 1 Block A of the Walnofer Addition to the City of Anna as recorded on November
25th of 2003 in the Collin County Clerks Plat Records, Document Number 2003-0231435 and
containing approximately 0.8635 acres of land more or less.
Tract 2
"SF -E" to "PD" with "C-1" uses
Being Lot 2 Block A save and except that portion of the lot within the J.C. Burge Survey Abstract
Number 106, of the Walnofer Addition to the City of Anna as recorded on November 25th of
2003 in the Collin County Clerks Plat Records, Document Number 2003-0231435 and
containing approximately 5.94 acres of land more or less.
EXHIBIT B
(Concept Plan)
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CITY OF AN NA, TEXAS
Council Meeting: August 23, 2011
Account Code #:
Budgeted Amount:
AGENDA SUBJECT:
Item No.
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Clark McCoy
Exhibits: % Yes ❑ No
Consider/Discuss/Action adopting an Ordinance regarding Moving, Relocation and
Demolition of Structures. (Clark McCoy)
SUMMARY:
City Staff has determined that in addition to the requirements already set forth in The
Anna City Code of Ordinances and the City -adopted 2006 International Building Code,
which require permits for moving, alteration, relocation and demolition of structures,
additional regulations should be adopted to ensure that when structures are moved or
demolished the public's health and safety is sufficiently protected. For example, the
proposed ordinance provides more detailed application procedures, additional detail with
respect to asbestos reporting requirements, recovery of costs by the City when
appropriate, and the amendment of definitions for clarity and reduction of redundant
terms. The proposed ordinance also provides for a more streamlined procedure for
issuance of building permits, requiring approval of the Building Official and City
Manager. The proposed ordinance does not change the permit fees for demolition and
does not change the amount of the penalty for violating the ordinance.
RECOMMENDED ACTION:
Approval of the proposed ordinance.
CITY OF ANNA, TEXAS
•:9 `=` '•
AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING THE ANNA CITY
CODE OF ORDINANCES PART II (GENERAL PROVISIONS), ARTICLE 8 (BUILDING
REGULATIONS), SECTION 4 (MOVING OF BUILDINGS INTO THE CITY);
ESTABLISHING ADDITIONAL REGULATIONS RELATED TO MOVING,
RELOCATION AND DEMOLITION OF STRUCTURES; AMENDING THE ANNA CITY
CODE OF ORDINANCES PART IV (SCHEDULE OF FEES), ARTICLE 2 (BUILDING
PERMIT FEES), SECTION 4.04 (DEMOLITION PERMIT FEE); PROVIDING FOR
SAVINGS, SEVERABILITY, AND REPEALING CLAUSES; PROVIDING FOR A
PENALTY FOR VIOLATION NOT TO EXCEED $2,000; PROVIDING FOR AN
EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION
HEREOF.
WHEREAS, the City of Anna, Texas City Council ("City Council") has previously
adopted ordinances, rules and regulations requiring permits for and otherwise governing
moving, relocating and demolition of Structures that are codified in Part II, Article 8,
Sections 3 and 4 of The Anna City Code of Ordinances ("Anna Code") and Part IV,
Article 2, Section 4.04 of the Anna Code; and
WHEREAS, the City Council has investigated and determined that it would be beneficial
and advantageous to provide for additional requirements and procedures related to
moving, relocating and demolition of structures within the City;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated.
The above -referenced recitals are incorporated herein as if set forth in full for all
purposes.
Section 2. Amendments to Code
2.01 In accordance with Part II, Article 1, Section 9 of the Anna Code, the City Council
hereby amends Part II, Article 8, Section 4 (Moving of Buildings Into Cities) of the
Anna Code, as follows:
Section 4. Demolition and Moving of
4.01 Application and Definitions
(a) This section applies to any property owner who seeks to move a
Structure onto a lot or tract of land in the City limits, relocate a Structure
awav from a lot or tract of land in the Citv limits. or demolish a Structure
CITY OF ANNA, TEXAS ORDINANCE NO. PAGE 1 OF 8
in the City limits.
LbLThe following words and phrases, when used in this section, shall have
the meaning ascribed to them by this section. All terminology used in
this section and not specifically defined herein, shall retain its meaning
in conformance with applicable publications of the American National
Standards Institute (ANSI) or its successor body or if not defined
therein the latest volume of Merriam -Webster's Collegiate Dictionary.
Applicant shall mean a person in the process of applying for a permit
under this section.
Building Official shall mean a Person authorized by the City Manager to
perform the duties prescribed in this section.
City shall mean the City of Anna, Texas.
Facility shall mean any institutional commercial, public, industrial or
residential structure installation or building (including any structure,
installation or building containing condominiums or individual dwelling
units operated as a residential cooperative, but excluding residential
buildings having four or fewer dwelling units); any ship; and any active
or inactive disposal site. AnV structure, installation or building that was
Previously subject to 40 CFR Part 61, Subpart M is not excluded,
regardless of its current use or function.
Permittee shall mean a Person to whom a permit to move, er-relocate,
or demolish any old or used "^ c^ building or Structure, or portion
thereof, within the corporate limits of the City has been issued.
Person shall mean any individual, corporation or other legal entity.
Structure shall mean any buildings F, agility -and or dwelling-heuses of
every-amLnature and -or design and it is the intent to give the broadest
interpretation to the meaning of the term.
4.02 Investigation of Application by Building Official
(a) An Applicant shall: (1) submit an application on a City -approved
application form; (2) include with the application all documents and
information required for permit approval under this section or by the
Building Official: and (3) pay any fee(s) and cost(s) required under this
section or the City's Schedule of Fees.
Upon filing of an application for a permit to move or relocate a
Structure, the Building Official shall investigate the application and
CITY OF ANNA, TEXAS ORDINANCE NO. PAGE 2 OF 8
shall inspecting the heuse;-building or -Structure to be moved from or
relocated upon the lot or tract of land, and shall further inspect the lot or
tract of land upon which the "^u se "U ildiRg e Structure is to be
located or relocated from. He shall then advisethe City Co n^i' as to
determine whether the heuse building or Structure, if allowed tobe
moved or relocated as proposed ,
would or would not meet all of the requirements of the building G
set forth or adopted by reference in this Code and in other applicable
ordinances or regulations of the City. The Applicant shall be
responsible to pay in advance any costs incurred bV the City related to
anV necessary travel required to make any such inspection if the
inspection requires travel outside of Collin County Texas.
(c) Upon filing of an application for a permit to demolish a Structure, the
Building Official shall investigate the application and shall inspect the
Structure to be demolished if it is safe to do so. He shall then determine
whether the demolition of the Structure would or would not meet all of
the applicable requirements set forth or adopted by reference in this
Code and in other applicable ordinances or regulations of the City. If, in
the iudgment of the Building Official inspection of the Structure would
be unreasonablV dangerous the Applicant shall be responsible to paV
in advance any costs associated with making the Structure reasonably
safe for inspection.
4.03 Building Permits Required
Prior to the issuance of any permit required under this section for the moving,
relocation or demolition of any Structure to be !cccted G., any got or paFGel of
ground'n the City, the owner of the property on which the Structure is to be
located shall obtain a building permit in compliance with this section and any
additional permits required under the building codes), and-. subdivision
ordinance, or zoning ordinance of the City. A building Structure or part of any
building Structure shall not be moved through or across any sidewalk, street,
alley or highway within the City's corporate limits or extraterritorial jurisdiction
without first obtaining a building permit from the Building Official. The Building
Official, as a condition precedent to the issuance of suel,�LnLpermit granted
under this section, shall -may require a bond to be executed by the Person
desiring such rernaval permit, with -issued by a corporate surety licensed to
issue surety bonds in the State of Texas to has satisfaGt'^" in an amount
reasonably calculated to cover the costs of damage or inlurV to persons or
DroDertv arisina from activities undertaken in connection with the permit.
4.04 Issuance of Permit
�Qt�rgsrrr "MrGU sMal �a:rr_rr�I
CITY OF ANNA, TEXAS ORDINANCE NO. PAGE 3 OF 8
hearingthe appI' at' After c ^h public hearing, the City Ge ^'I
shall ^ei'"^ef-After determining whether a moving or relocation permit
under this section should be issued, the Building Official shall, subject
to the approval of the City Manager, grant the application or deny the
application request, taking into consideration the location and size of
the lot upon which the house, building or -Structure is to be located, the
size, condition and ; t design of the house, building ^r Structure
to be moved or relocated, the population density of the area, the
location and use of the Structure -budding, the uses and proximity of
other Structures and land in the area, and the condition that the
premises is proposed to be left. No request shall be granted if the City
Council .Buildinq Official shall find that:
(1) the Muse, building er-Structure to be moved does not meet all
the requirements of all applicable ordinances of the City;
(2) the lot or tract of land with the house, building er-Structure
thereon would not meet all of the requirements or the applicable
ordinances of the City;
(3) the Muse, buildingor-Structure to be moved has deteriorated
more than 50% of its original value by virtue of fire or by virtue of
age or normal wear and tear or other elements;
(4) the moving of such house, building er-Structure upon or from the
lot or tract of land would cause injury to Persons or property or
damage to the streets or other public improvements or that the
appl Applicant cannot provide evidence of adequate public
liability insurance;
(5) the ^n anrApplicant cannot ensure that he has the financial
resources to bring the bufld+ng-Structure up to City standards
within 90 days after completion of the move; -or
(6) the applieant-Applicant cannot ensure that the grounds from
which a building Structure is removed will be completely cleared,
leveled, and cleaned within 90 days after permit is issued.. or
7 the apRk-an Applicant has failed to pay all required fees under
Part IV Article 2, Section 4.04 of the Anna Code (Schedule of
Fees) or other costs required under this section.
(b) Demolition Permit. After determininq whether a demolition permit under
this section should be issued, the Building Official shall subject to the
approval of the City Manager, grant the application or deny the
application taking into consideration the location and size of the lot
upon which the Structure is to be located, the size, condition and
CITY OF ANNA, TEXAS ORDINANCE NO. PAGE 4 OF 8
area the location and use of the Structure, uses and proximity of other
Structures and land in the area and the condition that the premises is
proposed to be left. No request shall be granted if the Building Official
shall find that:
(1) the proposed demolition does not meet all the requirements of
all applicable ordinances of the City;
(2) the lot or tract of land after demolition would not meet all of the
requirements or the applicable ordinances of the City;
(3) the Applicant has failed to provide the Building Official with any
asbestos-related survey, report or inspection records required
under state or federal law (such documents being referenced
under Part IV Article 2, Section 4.04 of the Anna Code -
Schedule of Fees as "submittal regarding asbestos"):
(4) the moving of such Structure upon or from the lot or tract of land
would cause injury to Persons or property or damage to the
streets or other public improvements or that the Applicant cannot
provide evidence of adequate public liability insurance;
(5) the Applicant cannot ensure that he has the financial resources
to bring the building up to City standards within 90 days after
completion of the move;
(6) the Applicant cannot ensure that the grounds from which a
building is removed will be completely cleared, leveled, and
cleaned within 90 days after permit is issued; or
(7) the Applicant has failed to pay all required fees under Part IV,
Article 2, Section 4.04 of the Anna Code (Schedule of Fees) or
other costs required under this section.
MLghlf the City Council -Building Official shall grant the request to move,
relocate or demolish such h^ se hu ildin^ ^r the Structure, the City
CouncilBuildingOfficial subject to approval by the City Manager, shall
cause a written permit to be issued authorizing the moving, relocation
or demolition of such heuse, build nn or the -Structure upon or from the
lot or tract of land under such conditions, requirements, or restrictions
as the City Ge mGc -Building Official shall determine.
4.05 Issuance of Certificate of Occupancy
No Person shall occupy ay ^h house hn4 d ni Gr Structure permitted to be
moved until the Building Official issues the Permittee a Certificate of
CITY OF ANNA, TEXAS ORDINANCE NO. PAGE 5 OF 8
Occupancy. No Certificate of Occupancy shall be issued until the house,
building eFStructure complies with all conditions of the permit and all
requirements of all applicable sections of the Code.
4.06 Additional Regulations Related to Demolition
(a) A fee for each demolition permit shall be paid to the city in the amount
which is established in the city schedule of fees.
(b) All demolition work including the removal of the foundation, must be
completed within 60 days from the date of issuance of the demolition
permit. Upon completion of the demolition work, the Permittee shall
clean the premises of all debris, request an inspection of the premises,
and then fill all excavations and grade the area with top soil or other
material approved by the Building Official.
(c) All water and sanitary sewer services shall be disconnected and sealed
in accordance with the appropriate city ordinances and said
disconnects shall be inspected and approved by the public works and
utilities department.
(d) A demolition permit may be revoked by the Building Official at any time
upon a violation of the terms thereof, or upon a violation of any
provision of this section or any other applicable ordinance of the city.
(e) All demolition permits shall expire after 30 days from issuance. The
building official may allow an extension of 30 days due to extenuating
circumstances.
(f) All demolitions shall be conducted in compliance with this section, other
City ordinances and regulations, the Texas Asbestos Health Protection
Act as amended and all other applicable state and federal law. In the
case of any conflict between any provisions or any such statutes,
regulations, or other law, the strictest provision shall govern.
4.064.07 Liability of City
Neither the City nor any authorized agent acting under the terms of this
section shall be liable or have any liability by reason of orderer ep rmits issued
or work done in compliance with the terms of this section.
44.08 Penalty
Any person, firm, corporation or business entity violating this section shall be
deemed guilty of a misdemeanor, and upon conviction thereof shall be fined
any sum not exceeding $2,000, unless otherwise specifically set forth in this
CITY OF ANNA, TEXAS ORDINANCE NO. PAGE 6 OF 8
Code. Each continuing day's violation under this section shall constitute a
separate offense. The penal provisions imposed under this section shall not
preclude the City of Anna from filing suit to enjoin the violation. The City of
Anna retains all legal rights and remedies available to it pursuant to local,
state and federal law.
(Ord. No. 95-16, adopted 10/10/1995; Ord. No. , adopted
2.02 In accordance with Part II, Article 1, Section 9 of the Anna Code, the City Council
hereby amends Part IV, Article 2, Section 4.04 (Demolition Permit Fee) of the Anna
Code, as follows:
4.04 Moving, Relocation, and Demolition Permit Fees
Demotion Permit fee* $50
Moving Permit fee $50
Relocation Permit fee $50
*Must provide a letter submittal regarding asbestos with application for permit.
See Part ll, Article 8, Section 4 of this Code for additional requirements.
(Ord. No. adopted )
Section 3. Savings, Severability and Repealing Clauses.
All ordinances of the City in conflict with the provisions of this ordinance are repealed to
the extent of that conflict. If any provision of this ordinance shall be held to be invalid or
unconstitutional, the remainder of such ordinance shall continue in full force and effect
the same as if such invalid or unconstitutional provision had never been a part hereof.
The City declares that it would have passed this ordinance, and each section,
subsection, sentence, clause, or phrase thereof irrespective of the fact that any one or
more sections, subsections, sentences, clauses, and phrases be declared
unconstitutional or invalid.
Section 4. Publication of the Caption Hereof and Effective Date.
This ordinance shall be in full force and effective from and after its passage and upon
the posting and/or publication, if required by law, of its caption and the City Secretary is
hereby directed to implement such posting and/or publication.
PASSED by the City Council of the City of Anna, Texas, this _ day of
12011.
ATTESTED:
APPROVED:
CITY OF ANNA, TEXAS ORDINANCE NO. PAGE 7 OF 8
Acting City Secretary, Clayton Fulton Mayor, Darren R. Driskell
CITY OF ANNA, TEXAS ORDINANCE NO. PAGE 8 OF 8
_e_
CITY OF ANNA, TEXAS
Council Meeting: August 23, 2011
Account Code #: n/a
Budgeted Amount: n/a
Item No.
City secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Jessica Perkins
Exhibits: % Yes ❑ No
AGENDA SUBJECT: Consider/Discuss/Action regarding a Resolution authorizing the
Anna Economic Development Corporation to: (1) pursue a project including the
purchase/financing of the property located at 312 North Powell Parkway including costs
of remodeling; and (2) refinance a loan related to EDC property located on CR 427.
(Jessica Perkins)
SUMMARY: The EDC has no lease space and the city has little to no spec space. The
old post office located at 312 North Powell is an investment the EDC can use to attract
new businesses to Anna by offering no rent or reduce rent lease space. The building is
also in a great location and renovating the building will go a long way toward setting a
precedent for the city's downtown revitalization.
Also, if advantageous, the EDC would like to refinance their existing loan on the EDC
property into the note for the post office purchase and renovation.
STAFF RECOMMENDATION: Staff recommends you approve the resolution.
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS,
AUTHORIZING THE ANNA ECONOMIC DEVELOPMENT CORPORATION TO
EXECUTE A CONTRACT FOR PURCHASE OF PROPERTY, FINANCING OF
PROPERTY AND REMODELING COSTS, AND REFINANCING OF
PROPERTY
WHEREAS, the City Council of the City of Anna, Texas ("City Council")
recognizes that the Anna Economic Development Corporation ("EDC") on August
16, 2011 passed a resolution authorizing the execution of one or more contracts
on the EDC's behalf for the purchase property, financing of said property and
remodeling costs, and refinancing of property already owned by the EDC, all
subject to approval of by the City Council;
WHEREAS, the City Council recognizes that the EDC intends to purchase new
property related to an eligible economic development project and remodel
improvements thereon and to attempt to obtain more advantageous financing
terms for property already owned by the EDC; and
WHEREAS, the City Council has determined that the purchase, remodeling, and
refinancing are in the best interest of the economic development efforts of the
City and will promote economic development in the City of Anna and the City
Council desires to approve the EDC's proposed actions related to same; and
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. Authority to expend funds.
The City Council of the City of Anna, Texas hereby authorizes the actions to be
taken and the expenditures to be made by the EDC in accordance with the terms
described in the EDC Resolution No. , and further
approves any and all early payments that the EDC as long as there is no penalty
for early repayment.
City of Anna, Texas RESOLUTION NO. Page 1 of 1
PASSED by the City Council of the City of Anna, Texas, on this the 23rd day of
August, 2011.
ATTEST:
"NZINGI.i2.�
Clayton Fulton, Acting City Secretary
Mayor, Darren R. Driskell
City of Anna, Texas RESOLUTION NO. Page 1 of 1
YIOVM310METOWN
Council Meeting: August 23, 2011
Account Code
Budgeted Amount: N/A
Item No, i
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Philip Sanders
Date Prepared: 8/18/11_
Exhibits: ■ Yes ❑ No
AGENDA SUBJECT: Consider/Discuss/Action regarding a Resolution accepting a
petition for annexation and establishing the dates, times, and places for public hearings
for the annexation of property located south of CR 421 and east of the CR 418; 10.4
acres.
SUMMARY: This tract being requested for annexation is within the City of Anna
extraterritorial jurisdiction. This is a voluntary request with the owner being Oncor
Electric Delivery Company. The tract is proposed as a future substation. The tract is
adjacent to the Current City Limits.
Prior to the establishment of a use, the property needs to be annexed and zoned
appropriately for the area and proposed use.
PLANNING AND ZONING ACTION: NA
RECOMMENDED ACTION: Approval of the resolution establishing a public hearing
schedule.
CITY OF ANNA, TEXAS
RESOLUTION NO.
Oncor Electric Delivery Company —10.4 acres
(located south of CR 421 and east of the CR 418)
A RESOLUTION ACCEPTING AN ANNEXATION PETITION AND ESTABLISHING THE
DATES, TIMES, AND PLACES FOR PUBLIC HEARINGS FOR THE ANNEXATION OF
PROPERTY
WHEREAS, the City of Anna has received a petition for annexation from Oncor Electric Delivery
Company, the owner or authorized representative of the owner of property described in Exhibit
A; and
WHEREAS, said territory lies adjacent to and adjoins the present boundaries of the City of
Anna, Texas; and
WHEREAS, the City of Anna desires to accept said petition and initiate annexation proceedings
regarding the property described in Exhibit A; now therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA THAT
Section I.
The petition for annexation submitted to the City of Anna by Oncor Electric Delivery Company,
the owner or authorized representative of the owner of property described in Exhibit A; is hereby
accepted.
Section 2.
Public hearings regarding the proposed annexation are hereby scheduled as follows:
15t Public Hearing — September 13, 2011 at 7:30 p.m. at the Community Room, Anna City
Hall Administrative Building, 111 N. Powell Pkwy, Anna, TX
2nd Public Hearing — September 27, 2011 at 7:30 p.m. at the Community Room, Anna City
Hall Administrative Building, 111 N. Powell Pkwy, Anna, TX
PASSED by the following vote of all members of the City Council as present on this the 23`d
day of August, 2011.
AYES
NAYS
ABSTENTIONS
ATTEST:
Acting City Secretary
Mayor
APPLICATION/PETITION FOR ANNEXATION
i Application: Legal Description of Property with surveyor's stamp
Map Showing location of property
To the Mayor and Governing Body of the City of Anna, Texas
I (we), the undersigned, being owner(s) of property that is within the existing extraterritorial
jurisdiction'. of the City of Anna, Texas, hereby petition, your honorable body to extend the
present cityaimits so as to include the territory more fully described in Exhibit A, attached hereto
and incorporated "herein for all intents and purposes. I (we) am (are) the owner(s) and/or
legally represent the owner(s) of the property described in Exhibit A, on which less than three
qualified voters reside. "
(We) certify that,this'Petition is signed and acknowledged by each and every corporation and
person owning the described land or having an interest in any part thereof.
The undersigned represents) that he (they) and all other owners desire to be annexed to and
made part a tie ityof Anna, Texas, subject to all laws, rules, and regulations of said city.
5ignq
A� L VkLC" Date
PrmtedName
GR 4- 211 AkI1,t4, 7-X 754cp/
=05,
MEEKER
exas
res
4
EXHIBIT "A"
COUNTY ROAD 421 SUBSTATION
ANNEXATION EXHIBIT
Being 10.36 acres of land in the David E.W. Babb Survey, Abstract No. 33, situated in
the extra -territorial jurisdiction of the City of Anna, Collin County, Texas, and being a
portion of all of that called 10.376 acre tract of land described in Warranty Deed to Texas
Power & Light Company (hereinafter referred to as "TP&L tract") as recorded in Volume
1365, Page 810, of the Deed Records of Collin County, Texas, and being more
particularly described by metes and hounds, as follows:
BEGINNING at a 1/2 -inch found iron rod for the northernmost comer of that called
10.376 acre tract of land described in Warranty Deed to Texas Power & Light Company
(hereinafter referred to as "TP&L tract") as recorded in Volume 1365, Page 810, of the
Deed Records of Collin County, Texas, said point being on the west line of Lot 1 of
Creekside Acres Phase I, as recorded in Cabinet M, Page 314, of the Map Records of
Collin County, Texas (M.R.C.C.T.), and being a corner of the city limit line of the City of
Anna, Collin County, Texas, as described in City of Anna Annexation Ordinance No.
255-2006;
THENCE South 00 degrees 01 minute 27 seconds Bast, along the common line between
said TP&L tract and said Creekside Acres Phase I, at a distance of 187.09 feet pass the
southwest comer of said Lot 1 and the northernmost northwest comer of the Creekside
Acres Phase 11, as recorded in Cabinet N, Page 667, M.R.C.C.T., and continuing along
the common line between said TP&L tract and the west line of said Creekside Acres
Phase A in all a total distance of 860.49 feet to a point for the southeast comer of said
TP&L tract and a re-entrant ell comer of said Creekside Acres Phase 11;
THENCE South 89 degrees 33 minutes 51 seconds West, continuing along said common
line, at a distance of 640.29 pass the westernmost northwest corner of said Creekside
Acres Phase II and the northeast corner of that tract of land described in deed to Billy M.
Clay, as recorded in Document No. 97-148140, of the Official Public Records of Collin
County, Texas, and continue along the common line between said TP&L and the north
line of said Clay tract, in all a total distance of 1,048.85 feet to a 1/2 -inch found iron rod
for comer, and being a comer of said city limit line;
THENCE North 50 degrees 23 minutes 01 second East, departing said common line, and
along the northwest line of said TP&L tract and said city limit line, a distance of 1,361.99
feet to the POINT OF BEGINNING AND CONTAINING 451,247 square feet or 10.36
acres of land, more or less.
Basis of bearings is the Texas Coordinate System (NAD83), Texas North Central Zone
(4202), and found monumentation along the southernmost west line of said JNC Partners,
LLC, as recorded in Document No. 2004-0153643, O.P.R.C.C.T., and being North 00
degrees 01 minute 00 seconds West.
A plat accompanies this legal description.
I of2
VICINITY MAP
NTS
T
JNC PARTNERS,LLC
DOC. NO. 2004-0153643
O.P.R.C.C.T.
0 100 200 300 400
SCALE: 1"=200'
OF
COUNTY
RD. 421 1
2
0 44
0
N
G
M 43
42
Acres
051
EXHIBIT "N'
0
COUNTY ROAD 421 SUBSTATION
"t�"
41
D.R.C.C.T. DECO RECORDS COLLIN COUNTY TEXAS
or
LO
451,247 S.F. OR 10.36 AC.
,qv ,vev✓
38 Cr kside Acres 39
C It
not Plat
Cab. Pg. 66J�
37 M. C.�:O ��'�
40
LEGEND
EXHIBIT "N'
1/2' FIR ONE HALF INCH FOUND IRON ROD
COUNTY ROAD 421 SUBSTATION
C.M. CONTROL MONUMENT
ANNEXATION EXHIBIT
D.R.C.C.T. DECO RECORDS COLLIN COUNTY TEXAS
or
M.R.C.C.T. MAP RECORDS COLLIN COUNTY TEXAS
451,247 S.F. OR 10.36 AC.
O.P.R.C.C.T. OFFICIAL PUBLIC RECORD COLLIN COUNTY TEXAS
FOR
ONCOR ELECTRIC DELIVERY COMPANY
Basis of bearings Is the Texas Coordinate System (NAD83),
Gmmho IN
Texas North Central Zone (4202), and found monumentation
DAVID E.W. BABB SURVEY, ABSTRACT NO. 33
along the southernmost west line of said JNC Partners,
LLC, as recorded in Document No. 2004-0153643. O.P.R.C.C.T.,
CITY OF ANNA ETJ, COLLIN COUNTY, TEXAS
and being North 00 degrees 01 minute 00 seconds West.
®®r ® ®•
mom 00
A legal description accompanies this plat.
3801 PARI(Woo�O®®w�aoo/FRC'islco,rews �swail—jzta�e�easm
SCA ..i'28P AW:2700 UATEWMNI1 PAGE2 FZ
Y{OUW HOMETOWN
Council Meeting: August 23, 2011
Account Code
Budgeted Am(
Item No. / 7
City Secretary's us only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Philip Sanders
Exhibits: ❑ Yes ❑ No
AGENDA SUBJECT: Consider/Discuss/Action regarding a Resolution amending an Economic
Development Agreement with Bloomfield Properties Inc.
SUMMARY: Bloomfield Homes is a regional volume home builder that purchased the
remaining land in the West Crossing subdivision last year. Bloomfield Properties Inc. is the
retail supplier of all building materials purchased by Bloomfield Homes in the construction of all
of their single family home construction projects in the DFW area. In September of 2010, the
City entered into an Economic Development Agreement with Bloomfield Properties Inc.
whereby the City agreed to provide an economic development grant equal to 'h of the amount of
sales tax the City receives from the sale of construction materials to Bloomfield Homes.
This past spring, new legislation was adopted by the Texas Legislature that appears to conflict
with the intended purposes of the 2010 Agreement and that places achievement of those purposes
at an unacceptable level of risk once the new legislation goes into effect on September 1, 2011.
As a result, the City Staff and Bloomfield Properties have agreed that it is in the best interests of
both parties, that the September 2010 Agreement be terminated as outlined in the attached
Amendment.
RECOMMENDATION: Staff recommends approval of the attached Resolution and
Amendment.
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AN AGREEMENT
TERMINATING ECONOMIC DEVELOPMENT AGREEMENT WITH BLOOMFIELD
PROPERTIES, INC.
WHEREAS, the City of Anna, Texas (the "City") and Bloomfield Properties Inc.
("Grantee") mutually desire to terminate an Economic Development Agreement entered
into on September 29, 2010 (the "Agreement'); and
WHEREAS, the City Council of the City of Anna, Texas finds that approval of the
Agreement Terminating Economic Development Agreement (the `Termination
Agreement') is in the best interest 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 Termination Agreement
The City of Anna City Council hereby approves the Termination Agreement, attached
hereto as EXHIBIT 1, incorporated herein for all purposes and authorizes the City
Manager to execute same on its behalf.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 23rd
day of August, 2011.
APPROVED: ATTEST:
Darren R. Driskell, Mayor City Secretary
CITY OF ANNA, TEXAS RESOLUTION NO._ PAGE 1 OF 1
City of Anna,
County of Collin,
State of Texas.
Economic Development Agreement Amendment Terminating
Agreement
This Economic Development Agreement Amendment Terminating Agreement (this
"Termination Agreement") is entered into by and between the City of Anna, Texas, (the
"City"), a home rule municipal corporation of the State of Texas, and Bloomfield
Properties, Inc., (the "Grantee"), for the purposes and consideration stated below.
RECITALS
Whereas, the City had previously established guidelines and criteria for economic
incentive programs authorized by Texas law and approved by the City Council, including
those authorized by Chapter 380 of the Texas Local Government Code, to promote state
or local economic development and to stimulate business and commercial activity in the
City; and
Whereas, the City and the Grantee (collectively, the "Parties") entered into such
an incentive program governed by a certain Economic Development Agreement (the
"2010 Agreement'), which was approved by the City of Anna City Council on September
28, 2010 and executed by the City and the Grantee on or about September 29, 2010, with
an effective date of September 9, 2010; and
Whereas, new legislation was subsequently adopted by the Texas Legislature in
the 2011 regular legislative session that appears to conflict with the Parties intended
purposes in entering into the 2010 Agreement and that place achievement of those
purposes at an unacceptable level of risk once the new legislation goes into effect on
September 1, 2011; and
Whereas, the City and the Grantee wish to terminate the 2010 Agreement and
their respective rights and obligations thereunder, with said termination of the 2010
Agreement to become effective October 31, 2011; and
Whereas, Section 16.1 of the 2010 Agreement requires that the termination of the
2010 Agreement must be by written instrument signed by the Grantee and the City;
Now, therefore, in consideration of the mutual benefits and promises contained
herein and for other good and valuable consideration, the receipt and sufficiency of which
is hereby acknowledged, the parties agree as follows:
SECTION 1.
RECITALS ADOPTED AND INCORPORATED
The findings, assertions, and agreements stated in the foregoing recitals are
adopted by the Parties to this Termination Agreement and incorporated herein as if set
forth in full for all purposes.
SECTION 2.
DEFINITIONS
2.A "Grantee" shall mean Bloomfield Properties, Inc., and all companies or entities
under common control, controlled by or controlling Bloomfield Properties, Inc.
For purposes of this Termination Agreement, the term "control" shall mean the
ownership of fifty percent (50%) or more of the Grantee as determined by vote or
value.
2.13 "Program" shall mean the economic incentive program established by the City
pursuant to Chapter 380 of the Texas Local Government Code.
2.0 "Program Grant" shall mean the amounts paid by the City in accordance with
Section 4 of the 2010 Agreement.
2.1) "Project" shall mean Grantee's location of a place of business for sales and use
tax situs purposes as defined in Texas Tax Code §321.002(a)(3), as amended,
within the City that complies with all applicable City regulations including the
City's zoning ordinance, building codes, and other development regulations.
2.E "Project's Sales Tax Revenue" shall mean the one percent municipal sales and use
tax authorized by Chapter 321 of the Municipal Sales and Use Tax Act, paid by
the Grantee and received by the City and this definition excludes: (1) any
additional sales tax that is paid by the Grantee to be received by the City's
development corporation(s); and (2) any sales tax in excess of said one percent
that the City may at any time become authorized to collect.
2.17 "Termination Date" shall mean the 31st of October, 2011 at midnight.
SECTION 3.
EFFECTIVE DATE AND TERMINATION DATE
This Termination Agreement shall become effective as of the date of execution by both
the City and the Grantee. The termination of the 2010 Agreement shall be effective as of
the Termination Date as defined in Section 2.17 of this Termination Agreement. Until the
Termination Date, the 2010 Agreement is to remain in full force and effect, and portions
of the 2010 Agreement shall survive beyond the Termination Date to the extent expressly
set forth in this Termination Agreement.
2
SECTION 4.
TERMINATION/SURVIVAL PROVISIONS RELATED TO PROGRAM GRANTS
UNDER THE 2010 AGREEMENT
The final month for which the City will be obligated to make a monthly Program Grant
payment to Grantee is October 2011.
SECTION 5.
TERMINATION/SURVIVAL PROVISIONS RELATED TO DOCUMENTATION
OBLIGATIONS UNDER THE 2010 AGREEMENT
5.A Under Section 5.1 of the 2010 Agreement, within 30 days of the close of each
calendar month for which a Program Grant is due (such month being referenced
in this subsection 5.A as the "Applicable Month"), the Grantee is obligated to
submit to the City a written schedule (the "Schedule") and to provide associated
documentation detailing for the Applicable Month the Grantee's total taxable
sales and the Project's Sales Tax Revenue and any subsequent adjustments
thereto. The final month for which the Grantee will be obligated to submit to the
City a Schedule and the associated documentation described in Section 5.1 of the
2010 Agreement is October 2011.
5.13 The Grantee's obligations under Sections 5.2 and 5.3 of the 2010 agreement as
pertaining to each month during the tern of the 2010 Agreement up to and
including October 31, 2011 shall survive the termination of the 2010 Agreement
and shall be an ongoing duty of Grantee.
5.0 The City shall have the right to audit and make copies of the Grantee's books,
records, documents and other evidence related to each month during the term of
the 2010 Agreement up to and including October 31, 2011 insofar as such books,
records, documents and other evidence relates to Grantee's sales tax revenue,
collection or payment during said months and the City's right to audit and make
copies in this regard shall survive the termination of the 2010 Agreement.
SECTION 6.
TERMINATION/SURVIVAL PROVISIONS RELATED TO PROGRAM GRANT
PAYMENT DUE DATE AND RELATED PROVISIONS UNDER THE 2010
AGREEMENT
6.A The City shall pay the amount of each Program Grant to Grantee within 30 days
of the date that the City receives from the State Comptroller the Project's Sales
Tax Revenues for the corresponding month for each month during the term of the
2010 Agreement up to and including October 2011. This obligation shall survive
the termination of the 2010 Agreement, but only as to said months.
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6.13 Sections 6.2, 6.3, 6.4 and 6.5 of the 2010 Agreement shall survive the termination
of the 2010 Agreement, but only as such provisions pertain to each month during
the term of the 2010 Agreement up to and including October 2011.
SECTION 7.
TERMINATION/SURVIVAL PROVISIONS RELATED TO OTHER OBLIGATIONS
OF THE GRANTEE UNDER THE 2010 AGREEMENT
7.A The rights and obligations set forth under Section 7.1 of the 2010 Agreement shall
terminate on the Termination Date, except that the Grantee agrees at all times to
comply with the requirements outlined in the private letter ruling from the
Comptroller of Public Accounts as such ruling applies to each month during the
term of the 2010 Agreement up to and including October 2011.
7.13 The Grantee agrees to permit the City, its agents or designees, to review the Texas
sales and use tax records of the Grantee to the extent such records are related to
each month during the term of the 2010 Agreement up to and including October
2011. Said review(s) shall take place within normal business hours and at a
mutually agreed location.
7.0 The Grantee's obligation to ensure that the Project does not result in any
additional vehicular traffic on streets in a neighborhood or subdivision where the
Project is located that would not otherwise occur as a result of construction
activity taking place in that neighborhood or subdivision survives the Termination
Date.
7.D All rights and obligations of the Parties set forth in Sections 7.3, 7.4, 7.5, 7.6, and
7.8 shall terminate as of the Termination Date.
SECTION 8.
TERMINATION/SURVIVAL PROVISIONS RELATED TO DEFAULT AND
TERMINATION UNDER THE 2010 AGREEMENT
8.A Notwithstanding the default and termination provisions set forth in Section 8 of
the 2010 Agreement, the termination of the 2010 Agreement shall be governed
exclusively by this Termination Agreement.
8.13 To the extent any default of the 2010 Agreement relates to the respective rights or
obligations of the Parties as pertains to each month during the term of the 2010
Agreement up to and including October 2011, the default provisions under
Section 8 of the 2010 Agreement shall continue to govern any such default.
SECTION 9.
TERMINATION/SURVIVAL PROVISIONS RELATED TO MUTUAL ASSISTANCE
C!
9.A The City and the Grantee shall do all things necessary or appropriate to carry out
the terms and provisions of this Termination Agreement, and to aid and assist
each other in carrying out such terms and provisions.
9.13 The Grantee hereby consents to and agrees to cooperate in any request by the City
to obtain copies of its Texas sales and use tax returns from the State that contain
information required to measure or calculate the Program Grant as referenced
within the Waiver of Confidentiality, Exhibit A, as such returns relate to any
month during the term of the 2010 Agreement up to and including October 2011.
The City and the Grantee shall further undertake all reasonable steps to assert
detrimental reliance on the private letter ruling referenced in Section 7.1 of the
2010 Agreement in the event that the State Comptroller or other authority
attempts to invalidate or modify this Project or any other provision of the 2010
Agreement or this Termination Agreement.
SECTION 10.
REPRESENTATIONS AND WARRANTIES
10.A The City represents and warrants that:
(a) The City is a municipal corporation duly organized, validly existing, and
in good standing under and by virtue of the laws of the State of Texas;
(b) The City has approved this Termination Agreement by Resolution at a
public meeting properly noticed under the provisions of the Texas Open
Meetings laws; and
(c) The City knows of no litigation, proceedings, initiative, referendum,
investigation, or the threat of any of the same, contesting the powers of the
City or its officials with respect to this Termination Agreement that has
not been disclosed in writing to the Grantee.
10.13 The Grantee represents and warrants that:
(a) Bloomfield Properties, Inc. has the power and authority to own its
properties; and
(b) This Termination Agreement has been duly authorized, executed and
delivered by Bloomfield Properties, Inc.; and Bloomfield Properties, Inc.
has all the requisite corporate power and authority to execute, deliver, and
perform this Termination Agreement; and this Termination Agreement
constitutes a valid and binding obligation of Bloomfield Properties, Inc.,
as Grantee, and all companies or entities under common control,
controlled, or controlling Bloomfield Properties, Inc., and is enforceable in
accordance with its terms and conditions; and
(c) The Grantee knows of no litigation, proceedings, initiative, referendum,
investigation, or the threat of any of the same, contesting the powers of the
City or its officials with respect to this Termination Agreement that has
not been disclosed in writing to the City.
SECTION 11.
TERMINATION/SURVIVAL PROVISIONS RELATED TO
INDEMNITY/LIMITATION ON LIABILITY UNDER THE 2010 AGREEMENT
Section 11.1 of the 2010 Agreement survives the Termination Date.
SECTION 12.
SEVERABILITY
12.A Should any provision of this Termination Agreement be held to be invalid, illegal
or unenforceable in any respect, such invalidity, illegality or unenforceability
shall not affect any other provision of this Termination Agreement.
12.13 In lieu of each and any invalid provision, there shall be added to this Termination
Agreement a new provision containing as similar terms as may be possible and
yet be valid, legal and enforceable.
SECTION 13.
INTERPRETATION AND FAIR CONSTRUCTION OF THE CONTRACT
13.A This Termination Agreement has been reviewed and approved by each of the
Parties. In the event it should be determined that any provision of this
Termination Agreement is uncertain or ambiguous, the language in all parts of
this Termination Agreement shall be in all cases construed as a whole according
to its fair meaning and not strictly construed for or against either Party.
13.13 Section or other headings contained in this Termination Agreement are for
reference purposes only and shall not affect in any way the meaning or
interpretation of this Termination Agreement.
SECTION 14.
DISPUTE RESOLUTION AND VENUE
14.A This Termination Agreement is made, and shall be construed and interpreted
under the laws of the State of Texas, and exclusive jurisdiction and venue for any
legal action shall lie in Collin County, Texas. The City and the Grantee agree that
all claims, disputes, and controversies arising out of or in relation to the
performance, interpretation, application, or enforcement of this Termination
Agreement or the 2010 Agreement, including but not limited to breach of either
6
agreement, shall be referred to mediation before, and as a condition precedent to,
the initiation of any adjudicative action or proceeding; provided, however, there
shall be no requirement to mediate after a party provides written notice to the
other party of its request to mediate and a mediation is not scheduled within 30
days after the mailing of such notice.
SECTION 15
ENTIRE AGREEMENT
This Termination Agreement contains the entire agreement between the parties with
respect to the Termination of the 2010 Agreement and the survival of certain provisions
as set forth in this Termination Agreement.
SECTION 16
AMENDMENT
This Termination Agreement may only be amended, altered, or revoked by written
instrument signed by the Grantee and the City.
SECTION 17
NOTICE
Any notice and/or statement required and permitted to be delivered shall be deemed
delivered by depositing the same in the United States mail, certified with return receipt
requested, postage prepaid, addressed to the appropriate party at the following addresses,
or at such other addresses provided by the parties in writing.
GRANTEE:
CITY:
Bloomfield Properties, Inc.
Don Dykstra, President
1050 E Hwy 114, Suite 210
Southlake, TX 76092
City of Anna
Philip Sanders, City Manager
111 N. Powell Pkwy, P.O. Box 776,
Anna, Texas 75409-0776
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SECTION 18
COUNTERPARTS
This Termination Agreement may be executed in multiple counterparts, each of which
shall be considered an original, but all of which shall constitute one instrument.
*REMAINDER OF PAGE INTENTIONALLYLEFT BLANK*
SECTION 19
BINDING AGREEMENT
The terms and conditions of this Termination Agreement are binding upon the successors
and permitted assigns of the parties hereto. This Termination Agreement may not be
assigned without the express written consent of Grantor, which approval shall not be
unreasonably withheld or delayed.
EXECUTED this _ day of '12011.
CITY OF ANNA, TEXAS:
Philip Sanders, City Manager
ATTEST:
City Secretary
GRANTEE:
(President)
ATTEST:
(Officer)