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HomeMy WebLinkAbout2006-05-09 Regular Meeting PacketTc) 7p, le f7 4C* Aj F, L uv LH� !M S ,,%, ,iSi .:. ,Iti 'ttrt St w E M St ,�..Pd I ar ww�411�r o Ut.a �-� --S <r. Stn Si J V i a E cn C N «, m ra ix Stn Si Vzav,c �s s w 5m St NA vv 7th Si UY """"'!'awl �, '2 r_ cn IN 8t) lit Edwards S: 10 !a ITEM 5: Public Hearing (1St): To consider public comment on a request by Mr. Frank Allen regarding annexation of the following tract: A 10.150 acre tract of land in the Granderson Stark Survey located on the North side of CR 421, approximate 1750' east of the DART rail line. Property owner has submitted a request for annexation. A location map and legal ,description is attached. If annexed and zoned per request of property owner the property will be attached to and developed as part of the Town Center tract. This is the first of two required public hearings. The second hearing will be conducted at the council meeting of May 23. The annexation ordinance will be considered no earlier than the June 27 council meeting. INSTRUCTIONS TO NEWSPAPER: Please publish this Public Hearing notice at the next available date. Please bill the City of Anna. CITY OF ANNA FIRST PUBLIC HEARING ANNEXATION OF TERRITORY The City of Anna will hold a first public hearing on Tuesday, May 9, 2006, at 7:00 p.m. at the Community Room of the Texas Star Bank, located at 402 W. White Street (FM 455), Anna, Texas 75409, regarding annexation of the following tract: A 10.150 acre tract of land in the Granderson Stark Survey located on the North side of CR 421, approximate 1750' east of the DART rail line, property being owned by Mr. Frank Allen. The annexation is being undertaken as a result of petition of the property owner. Additional information regarding the annexation can be secured from the office of the City Secretary, City of Anna, by phone at 972-924-3325, by mail at P. O. Box 776, Anna, TX 75409, or by personal inquiry at the Anna City Hall, 101 N. Powell Parkway, Anna, TX 75409. These public hearings are an opportunity for citizens of Anna to comment on the proposed annexation. Persons unable to attend the hearings may submit their comments in writing to the City Secretary, P. O. Box 776, Anna, TX 75409 or through personal deliver at the Anna City Hall, 101 N. Powell Parkway, Anna, TX 75409. Kenneth Pelham Mayor I HU) 16: Ad wkorbur.__! Company APPLICATIONIFEUTION FOR ANNEXXTION include with application-, Lego Descriptim of Property with 3uneyor I — — Vizp sti0136rtg location of prope!IZ To the Mayor and Govemin�, Body of the City of Anna, Texas I (we), the =dersiped, being owns -r(s) of 'proport7 that is w -Hi -n the existing extrate=itorial jurisdiction of fine City of Anna, Texa;., hereby petit; on vy,,-r honorable body to extend the present cty lin-its so as to include the territory raore ItLly described in Exhibit A, attact ' ied hereto and incorporated herein for all intec&&, a_.d puz?oses. I (we) aril (are) the owner(s) aid/or legally rep'reseat, the owns r(s) of the property described in ExhfiAt A, on which less than three quallif ed voters re,,;ide. (We) certify'that this Ped fim is signed and acknowledged by ;�ach and every corporation and person owning the described land or having wi int trest 1Lr any part thereof. The undersigned represents)that he (they) and all o' her oxdvners desirk2 t,, )e , ini -Aed to and made part of the City f Anna, Texas, subject tc all laws, rul r.,s, and regtflp, tior. 3 of said city. Signature Date JJ G Prinfed.?Va_me ---------- Sigturture .')ate Printed Name Name qfProperry and Zocation. Z l (16> L)IJ STATE OF TEXAS COUNTY OF.—Co This instrumentmas acknovilledged before ane by F_L&,1 On the 40-t_ day of 120CAm Notary Public in and for the Sta e of Texas MyCommiseonExpres:_ 'Page 1 of I Natha J Wilkison My Commission Expires 11113009 1 DESCRIPTION BEING a 10.150.acre tract of land situated in the Granderson Stark Survey, Abstract No. 798, Collin County, Texas, and being that some tract of land conveyed to Allen Frank as recorded under County Clerk's File No. 96-67663 of the Deed Records of Collin County, Texas (D.R.C.C.T.), and described in a deed to Lowry Graham Kinzer as recorded in Volume 1761, Page 329 (D.R.C.C.T.) and being more particularly described as follows: BEGINNING at a 1/2 iron rod found at the southwest corner of said 10.150 acre tract and at the southwest corner of a tract of land described by deed to 40 PGE, Ltd., as recorded in Volume 5387, Page 468 (D.R.C.C.T.) also being in County Road No. 421; THENCE North 00 degrees 38 minutes 01 seconds West, with the east line of said 40 PGE, Ltd tract and the east line of a tract of land described by deed to Cecil Burl Cunningham as recorded in Volume 4802, page 3435 (D..RC.C.T.), a distance of 1313.68 feet to a 3/8 inch iron rod found at the southwest corner of a tract of land described by deed to Anna Town Center No.11BRGT, Ltd. as recorded in Volume 5618, Page 2878 (D. R. C. C. T); THENCE South 89 degrees 46 minutes 21 seconds East, with the south line of sold Anna Town Center No.1/BRGT, Ltd. tract, a distance of 336.73 feet to a 5/8 inch iron rod found at the northwest corner of a tract of land described by deed to Robert W. Price as recorded un County Clerks File No.s, 93-7843 and 93-8676 (D.R.C.C.T.), a distance of 1314.01 feet to a 3/8 inch iron rod found in said County Rood No. 421, THENCE North 89 degrees 42 minutes 55 seconds West, with said County Rood No. 421, a distance of 336.38 feet to the "IT OF BEGINNING and containing 10.150 acres of land more or less ITEM 6: Public Hearing: To consider public comment on a request by Mr. Alexander Hamilton for a zoning change from C-2 General Commercial District to MF 1 Multiple Family Residential for property in the Grandison Stark Survey, Abstract 798 (located in the 900 block of south Interurban directly south of the duplexes). The petitioner seeks a zoning change from C-2 General Commercial to MF -1 Multiple Family Residential. The petitioner intends to locate five townhouse units on the property. The tract is a 129' X 120" parcel (0.35 acre). A dilapidated frame house, a dilapidated mobile home, and a couple of dilapidated accessory buildings are currently located on the tract. The adjacent land uses include two duplex units on the north, single family residential on the west, and a vacant tract on the south. The tract on the south is bisected by a significant drainage channel that will make it difficult to develop the tract. The petitioner owns the adjacent property to the west and intends to develop the tract as a retail/commercial location. The Anna ISD practice field is located across S. Interurban to the east. A map and aerial photo showing existing land uses are attached. The Anna Land Use Plan includes the area as a future retail/commercial area. However, the council has recently deviated from the Land Use Plan by zoning the adjacent tract as TF Duplex District. Transmittal Sheet DATE: TIME: E-mail TO: McKinney Courier -Gazette - Legal Editor RE: Citv of Anna Public Hearina Notice FROM: Tana Ross 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. PLANNING AND ZONING COMMISSION CITY OF ANNA PUBLIC HEARING A public hearing conducted, by the City Council of the City of Anna will be held on Tuesday, May 9, 2006, at 7:00 p.m. at the Community Room of the Texas Star Bank, located at 402 W. White Street (FM 455), Anna, Texas, to consider the following zoning request: A request by Mr. Alexander Hamilton to re -zone from C-2 General Commercial District to MF 1, Multiple Family Residential zoning located in the 900 block of south Interurban, directly south of the duplexes. The proposed zoning tract is 120 feet deep by 129 feet wide on the west side of Interurban. A copy of the zoning request, `including a map of the tract, is available for review during regular office hours at the office of the City Secretary, Anna City Hall, 101 N. Powell Parkway, Anna, Texas. Written comments on the zoning requests are welcomed and will be accepted until the time of the public hearing and may be presented at the hearing. Speakers at the hearing will be heard according to their order on a listing to be established for such purpose by the City Secretary. In the Grandison Stark Survey, Abstract No. 798 04/05/2006 11:35 The Corporate Offices of � 1-xander Ifamilton, Chairman _, IMCorporalion subsidiary of WT(. -7 c% The Law Of cws of Albert Greco, Jr. 16901 Dallas Akwv, 230 Dallas, Texas 75001 lac 214-237-0777 var. 215-243-8162 1>ToiJ; Chairman cQi 6XI�ti1.cc wiviv.��IM.Cc 4GE 1 of I 2152438162 EXIM EX1M CORPORATION Monday, November 14, 2005 City of Anna Attn: Tana Ross 101 North Powell Pkwy Anna, TX 75409 Tel. 972-924-3325 PAGE 01 Document No 06d05 Subject: Petition for Zoning Change From C-2 to MF -1 Subject property is 120 feet depth by 129 feet wide, located in 900 block of South Interurban, on the west side of Interurban Street. LETTER OF REQUEST Madam, Would you please schedule me to address and/or place my zoning request on the Anna City Council on Tuesday, May 9, 2005 agenda/meeting. I will be out of town on business from April 6, to April 28, 2006. Rec_e_ived Time Apr, 5. 10;26AM to my request. - � CITY" OF ANNA Application for Zoning Change / Specific Use Permit Please check the appropriate box below to indicate the type of request you are - making, and provide all information required to process your request Zoning Change ❑ Specific Use Permit • NOTE: Failure to obtain final approval on this case within six months may constitute denial or withdrawal of this case by Council or Staff without refund of fees. Fees required for this application established by the City of Anna must be submitted simultaneously with this application for acceptance. Fees: Zoning - $300, plus $10 per acre Manned Development -$500, plus $30 per acre Specific Use p300 plus $10 per acre, Variances. -$200 per consideration per request Zoning Verification Letter -$100 Zoning Compliance Inspection -$100 Request Information Location. 7 A / a-4,1 Z. P CA J. *Subdivision. A^j Lot No. / Bloc NNo.' Existing Zonin �� Requested Zoniril s and bounds description must be attached if the request is not a platted lot. 6-J, Ax, -A of for: (A) a portion of a platted lot or (B) Applicant/Owner Information -1 Key Contact !1, I rq, ����2 RArmi� 61 -"Telephone No. d�-1�'� 3'c � Zi FAX No. Address `d SS'/Vo2 t -h M .tea _. 5 CkV_ City A- _-V L 5 S! tis c State 1 1�r Zip Code d C Contacts Status: (check one)xowner ❑ Representative ❑ Tenant ❑ Prospective Buyer The owner's signature is required on this application and must be notarized, whether a single owner or a corporation. This is to certify that [/We the undersigned, am/are the sole owner(s) of the property described above on the date of this application, and have read and understood the Disclosure of Interest Form attached to this application, and complete same. Owner please print A signature Address ( 0� 4;PC,_ Telephone No. ALL .!/3, iib 2: FAX No. 2!Y- Z 9:3 _ /6 City (tea ] C, �a<;s�}� p State s Zip Code p 6 5 Corporation/Partnership/Owner Address City Telephone No. State AX No. -Zip Code Notary Statement (All Signatures Must Be Notarized) Before me, the ndersigned authority, on this day personally appeared 0 (owner or agent name) known to me to be the person whose name is subscribed to the above and foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration expressed -and in the capacity therein stated. Given under my hand and seal of office on th' da of M , 20 0S' SEAL to- YPo oNatha J Wilkison ? n 9` ..... 'y Commission Expires r th No ry Public in and f e State of Texas. My Commission Expires: b 17/1312oog SN Cc Copyright,2004, Pictomew International Creation Date. Dee 2& 1-00 17:33 Modification Date: Jan 20, 2004 18:0-2 verace Scale: 1 inch = 47.8 feet Distance between tick marks: 15.00 feet HAMILTON TOWNHOUSE CURRENTLY On Interurban Road AFTER PROPERTY OWNER RESPONSE FORM k I favor the proposed zoning change. ❑ 1 oppose the proposed zoning change. ❑ 1 have no opinion regarding the proposed zoning change. Reason(s) for above opinion: Signature 1A.©q Address (Street/Road, City, Zip) Please return form to: City of Anna POB 776 (or 101 N. Powell Parkway, if hand delivered) Anna, TX 75409 Or bring form to public hearing (meeting time and place attached) RECEIVED CRY'OF AgNNA MAR 31 1005 P" \\City-v7k0z17fhb\my documents\Anna Mgt\^Development-Planning Issues\Zoning\Forms\03b-Response Form.doc PROPERTY OWNER RESPONSE FORM ( I favor the proposed zoning change. ❑ 1 oppose the proposed zoning change. ❑ 1 have no opinion regarding the proposed zoning change. Reason(s) for above opinion -�- --4 �' Signature Address (Street/Road, City, Zip) Please return form to: City of Anna POB 776 (or 101 N. Powell Parkway, if hand delivered) Anna, TX 75409 Or bring form to public hearing (meeting time and place attached) \\City-v7k0z17fhb\my documents\Anna Mgt\^Development-Planning Issues\Zoning\Forms\03b-Response Form.doc (C) 1 (c) Copyright 2004, Pictometry Intemational Creation Date: Jan 07, 2004 13:12 Modification Date: Jan 20, 2004 13:32 Average Scale: 1 inch = 59.3 feet Distance between tick marks: 55.46 feet Creation Date: Jan 07, 2004 13:12 Modification Date: Jan 20, 2004 13:32 Average Scale: 1 inch = 59.5 feet Distance between tick marks: 55.98 feet ITEM 7: Consider/Discuss/Action on an Ordinance changing zoning on a tract of land owned by Mr. Alexander Hamilton in the Grandison Stark Survey, Abstract 798, from General Commercial (C-2) to Multifamily (MF -1) Residential Zoning, a 120 feet deep by 129 feet wide tract of land, located in the 900 block of South Interurban, on the west side of Interurban Street. A proposed ordinance reflecting the requested zoning change is attached. CITY OF ANNA, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING THE ZONING MAP OF THE CITY OF ANNA TO PROVIDE FOR REZONING OF CERTAIN PROPERTY; PROVIDING A REPEALER CLAUSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the owner of the property described in Exhibit A attached hereto has requested a certain zoning for said property; and WHEREAS, the City Council of the City of Anna has given the requisite notices 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 zoning the tract described in Exhibit A, attached hereto and made an integral part of this Ordinance, as MF 1 Multiple Family Residential — Medium Density District. Section 2. The official Zoning Map of the City of Anna shall be corrected to reflect the change in zoning described herein. Section 3. All ordinances of the City of Anna in conflict with the provisions of this ordinance are repealed to the extent of that conflict. Section 4. This Ordinance shall take effect immediately from and after its passage by the City Council and approval by the Mayor. PASSED on this the 9th day of May, 2006, by the following vote of the City Council of the City of Anna, Texas. AYE NAY ABSTAIN Mayor Page 1 of 1 ATTEST: City Secretary ANNEXATION SERVICE PLAN HAMILTON 0.3554 ACRE TRACT MAY, 2006 CODE ENFORCEMENT Code Enforcement includes activities of inspecting properties and buildings and securing compliance with adopted ordinances and codes relative to the following: (1) Tall grass and weeds (except for agricultural and ranch properties) (2) Trash and debris (3) Stagnant water and unsanitary conditions (4) Junked vehicles and parts (5) Junked appliances and materials (6) Enforcement of the Minimum Housing Code pertaining to maintenance and habitability of existing housing City code enforcement activities will be conducted in newly annexed territories under the same terms and on the same schedule and using the same procedures as for other areas inside the corporate limits. Code enforcement services will be implemented immediately upon the effective date of this ordinance. SOLID WASTE, BRUSH, AND REFUSE COLLECTION SERVICES Refuse Service Citizens in newly annexed areas will receive solid waste (trash), brush, and refuse service in accordance with existing city ordinances. Generally, the ordinances provide residential pick-up service of plastic bags and metal cans of not larger than 20 gallons in size at curbside or streetside twice per week for a fee that is established by the city council. Most large objects can be picked up on an as -needed basis. The solid waste customer must arrange for large object pick-up by calling the City of Anna (972-924-3325). Present solid waste collection service routes will be extended to cover annexed areas. The City currently contracts with a private firm that provides solid waste collection services. The individual customer will be provided information regarding solid waste collections services when the customer makes his/her water and/or sanitary sewer service deposit. Page 1 of 4 These services will be implemented within sixty (60) days of the effective date of the ordinance of which this service plan is a part. Residents of the newly annexed area that have existing contracts with solid waste service providers have one year from the date of annexation or until termination date of the existing contract, whichever is sooner, to begin solid waste collection service through the City. Solid waste collection is mandatory for City of Anna residents. PLANNING, ZONING AND MAPPING The function of planning, zoning, and mapping is to implement ordinances relating to zoning classifications within the City and to provide mapping resources. Zoning functions include the following: (1) Provide proper zoning classification of properties within the City. Zoning is a tool to designate the uses of property, such as residential, business, agricultural, industry, etc. Proper zoning ensures the best use for the property and, at the same time, protects adjacent properties from mixed uses that reduce property value and lower the quality of life for adjacent property owners and residents. It also regulates parking, building heights, lot coverage, noise pollution, setbacks, and regulations relating to the use of property. (2) Enforce zoning ordinances relating to uses permitted, parking, lot coverage, minimum building area, storage, heights, and other items. (3) Implement and enforce subdivision and plat requirements. (4) Provide assistance to citizens building on their property and handle complaints relating to land use and zoning. Mapping and drafting functions include the following: (1) Provide mapping resources of new territories, zoning, streets, water and sewer lines, easements, right-of-ways, subdivisions, lots, and other related matters. (2) Assist citizens in matters related to their properties and maps containing requested information. These services will be provided to residents and property owners in newly annexed territories on the some basis as they are provided to residents and property owners in the existing incorporated area. Planning, zoning, and mapping services will be implemented immediately upon the effective date of this ordinance. Page 2 of 4 FIRE PROTECTION SERVICES The City is served by the Anna Volunteer Fire Department, a private non-profit corporation. Fire protection services provided by the Anna Volunteer Fire Department to the City include response to fire calls and inspection of commercial and industrial structures for code violations. All fire protection services provided by the Anna Volunteer Fire Department within the existing corporate limits will be provided within the newly annexed area upon the effective date of the annexation. Volunteers are available for consultation on fire prevention on request by citizens and/or property owners of the community. Fire protection services will be implemented immediately upon the effective date of this ordinance. STREET MAINTENANCE The street maintenance function is primarily supported from ad valorem (property) and sales taxes. Maintenance activities are determined by the level of funding and the need for maintenance as determined by the city council. Once the annexation of property included in this ordinance has been completed, all streets, roads, and bridges included in the annexed area will be added to the City's street maintenance program. Roadways in the newly annexed area will receive equal consideration with regard to maintenance as those within the existing corporate limits. Street maintenance services will be implemented immediately upon the effective date of this ordinance or after the acceptance by the City of the streets in a new subdivision, whichever is appropriate. WASTEWATER SERVICES Citizens in newly annexed areas will be offered sanitary sewer service in accordance with existing City ordinances. Generally these ordinances state that the customer must bear the cost of construction of sewer system facilities to a point where service to the customer can be provided. All sanitary sewer facilities must be constructed in accordance with Texas Commission on Environmental Quality, Texas Department of Insurance, and City of Anna regulations and specifications. It is anticipated that sanitary sewer service will be provided to this property through construction by the property owner of off-site and on-site facilities. It is further anticipated that a Facilities Agreement will be developed that will identify the details regarding sanitary sewer service for the newly annexed area. Page 3 of 4 The policy for private service lines will remain the same as exists in the current city limits. That is, the City will maintain main transmission lines only. Only one connection per structure is permitted without specific written approval from an authorized official of the City. Sanitary sewer service rates will be assessed at the same rate as established for other city customers in the same use classification. WATER SERVICES Residents and property owners in newly annexed areas will be offered water service in accordance with existing City ordinances. Generally, these ordinances state that the customer must bear the cost of construction of water system facilities to a point where suitable connection to the existing system can be made and service to the customer can be provided. Water service facilities designed to connect an unserved area to the City's existing system must be approved by the City Council and meet all City zoning, subdivision, and other relevant requirements. All water mains must be constructed in accordance with Texas Commission on Environmental Quality, Texas Department of Insurance, and City of Anna regulations and specifications. The policy for private service lines will remain the same as exists in the current City limits. That is, the City will maintain water lines from the water main to the water meter. All repairs/maintenance from the meter to the point of usage is the property owner's responsibility. Water service rates will be assessed at the same rate as established for other city customers in the same use classification. Page 4 of 4 ri I ITEM 14: Consider/Discuss/Action of the Facilities Agreement for the following properties: Primrose Partners ("Collins") As you will probably recall, we have been negotiating with the Collins partnership (the Primrose 105 acre tract) and the Skorburg group (approximately 650 acres including the Leonard tract and Town Center properties regarding a development agreement for water, sewer and thoroughfare improvements. You may also recall that the Collins group has been anxious to complete the negotiations because they want to start the development of their tract as soon as possible. We have encountered some difficulty in finalizing the agreement, primarily because of issue relating to the thoroughfare question. The Collins group wishes to proceed without resolution of the thoroughfare element of the agreement and have presented the attached agreement for your consideration. Mr. McCoy and I have both been chasing other rabbits for the past several days and have not been able to focus on this revision of the original agreement. My brief review suggests that it largely conforms to what we had requested from the developer and therefore at the developer's request I have put the item on your agenda for consideration. Please note that if Clark and I have major problems that are not apparent at this time or we don't have time to seriously review the agreement over the next few days, I want to reserve the right to pull the item from consideration. Recommended Language Ld1 The City shall also collect from Developer park improvement fees of $750 per single family residential lot. Subject to approval of the City, the Developer may elect to dedicate to the City land in lieu of paving park improvement fees If such dedication is made, the City shall credit the Developer the amount due in park improvement fees in an amount equal to $20,000 per acre of park land dedicated. Language in prior agreement (d) The City shall also collect from Developer park improvement fees of $750 per single family residential lot. The Developer may elect to dedicate to the City land in lieu of paying park improvement Fees If the Developer makes this election the City shall credit the Developer the amount due in park improvement fees in an amount equal to $20.000 per acre of park land dedicated (the "Base Park Reimbursement Amount") IS ANYTHING SPECIFIC BEING REFERENCED HERE? IF SO IT SHOULD BE SET OUT IN MORE DETAIL. The Base Park Reimbursement Amount shall be increased annually FOR HOW LONG?? on the date of this Agreement by an amount equal to the Wall Street Journal Prime Rate published on that date multiplied by the Base Park Reimbursement Amount. The adjusted amount will become the Base Park Reimbursement Amount for the following annual adjustment THE CURRENT RATE IS 7.75%. NEED AMORE DETAILED EXPLANATION OF HOW THIS IS SUPPOSED TO WORK. DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ANNA, TEXAS, AND [name of developer]PRIMROSE This Development Agreement (the "Agreement") is made and entered into as of the day of , 200 May. 2006 by the CITY OF ANNA, TEXAS (the "City"), a home -rule municipality in Collin County, Texas, acting by and through its governing body, the City Council of the City of Anna, Texas, and {rare -e# deve! oper4Primrose 104, LP (the "Developer"). BACKGROUND The Developer owns or controls approximately 105.475 acres of land in Collin County, Texas, located {r estl within OR Withi.,1 the City's {municipal boundaries 8R and described in the attached Exhibit "A" (the "Property"). A vicinity map of the Property is attached as Exhibit "AA." The City wishes to provide for the orderly, safe, healthful and economically beneficial development of land within the City's municipal boundaries and surrounding areas as provided in Chapters 211 and 212, Texas Local Government Code, and to the extent provided by other law or exercised under its police powers as a home -rule municipality. The City and Developer desire that the Property be developed into a high quality master_planfle"evelopment; however, the Developer represents that securing the financing for the purchase and development of the Property rty requires an agreement providing for long-term certainty in regulatory requirements and development standards by the City regarding the Property, The City and the Developer desire to obtain the benefits of certainty and predictability that can be provided by a development agreement. It is the intent of this Agreement to establish certain restrictions and commitments imposed and made in connection with --but not as a condition of approval of the development of the Property. The City and the Developer are proceeding in reliance on the enforceability of this Agreement. For and in consideration of the mutual agreements, covenants, and conditions in this Agreement, and other good and valuable consideration, the City and the Developer agree as follows: ARTICLE I DEFINITIONS Section 1.01 Terms. Unless the context requires otherwise, and in addition to the terms defined above, the following terms and phrases used in this Agreement must have the meanings set out below: DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ANNA, TEXAS, AND [xrame s# el�!w'�'�}PRIMROSE PAGE 1 of 3232 013669.00012:966799:Q1-g66s_ 790.0 City means the City of Anna, Texas. City Council means the City Council of the City or any successor governing body. County means Collin County, Texas. Developer means and includes [name of de► ,e►,, e, individually and ^"e^+iv&ly Primrose 104, LP and any future owner of any portion of the Property who acquires same for the purpose of development and resale. Development Ordinance means City of Anna Ordinance No. , 145-2004. passed and approved by the City Council on fdate]May 11. 2004 which nhhang&sq aged the zoning of the Property to [type of zeRinn] and establishe Planned Development and established additional conditions for the development of the Property, in the form attached to this Agreement as Exhibit "B" and not including any future amendments or changes. General Plan means the conceptual land use plan for the proposed development of the Property, a copy of which is attached to this Agreement -as -Exhibit "G—," evelopment Ordinance as it may be revised from time to time in accordance with Section 2.02. Person means any individual, partnership, association, firm, trust, estate, public or private corporation, or any other legal entity whatsoever. Planning Commission means the Planning and Zoning Commission of the City. Plat means, collectively, that certain preliminary plat, passed and approved by the Citv Council on September 21. 2004, and that certain final plat approved by the Citv Council on September 6. 2005, both attached to this Agreement as Exhibit "C". Private Improvements means any improvements to the Property that are not Public Improvement. Property means all the land described in the attached Exhibit "A".-' Public Improvements means .-r�•v, .... .... .. ... r., .... p, ...,........ �. ...., .y....,. ....... ........, .,... ,. ..,...,.... �, �.. , I,V,VNyIIlGlY ,1-adeSegment that is � eG�Sec-2-A4-water distribution system improvements estimated to cost $3,270,000 and sewer system improvements estimated to cost $1.824.000 generally shown on the attached Exhibit "D". Subdivision Ordinance means the City's subdivision ordinance and other land -use regulations of the City applicable to the development of the Property, effective as of the effective date of this Agreement as first recited above. TQEQ means the Texas Commission on Environmental Quality and its successors. DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ANNA, TEXAS, AND [name iq eleveleper}PRIMROSE PAGE 2 of 3232 013669.00012:96679A.0-4966790. 03 Utility Services means service for residential or commercial use to provide water, wastewater, drainage or other similar services. ARTICLE 11 GENERAL PLAN, PLATTING, AND THOROUGHFARE Section 2.01 Introduction. The Property is to be developed as a master -planned, OFdinaMe of the City, CMmemial redevelopment in compliance with the Development Ordinance and the Plat. Developer may not permit any noxious or offensive activity to be conducted upon the Property, which necessarily includes, but is not limited to, sexually oriented businesses. Section 2.02 General Plan and Amendments Thereto. The City and the Developer acknowledge that the attached General Plan is the plan for the development of the Property. The City apprevesapproved the General Plan and Plat, and finds itboth generally consistent with the City's Subdivision Ordinance and the Development r_�,-,*,.,., Ge well the Guy's '^^;^^ Ordinance. Only minor changes to the General v � u � � rur-rv�iZr Plan may be made by the Developer, provided that in no case may the General Plan be revised to contradict or substantially vary any of the requirements of this Agreement. Section 2.03 Platting. The Developer is required to plat any subdivision of the Property in accordance with the City's Subdivision Ordinance and this Agreement. Notwithstanding any other term of this Agreement, the subdivision plat(s) is subject to review and approval of the Planning Commission and City Council, in accordance with the requirements and procedures and planning standards of the City. Section 2.04 Thoroughfare Reads Sege entPublic Improvements. The City and the Developer agree as set forth in this Section to jointly fund the construction of a as "the ThemughfaFe Read Segment." The ThemughfaFe Road Segment is [SHORT DESCRIPTION],-whiGh is inGluded in the City's Thereughfam Plan. The Ther-oughfa-Fe aF etT *tics a ti—nytsubfect is cnangeunQe; Se^*�02: the Public Improvements. a) No later than Januarv1, 2007, the Citv will issue or obtain debt (the "Debt") to fund the costs of designing and constructing the Public Improvements, including. but not limited to, acquiring all easements and right-of-way necessary for construction of the Public Improvements in an amount not to exceed $5.249,000. The City will fund (either through capitalized interest, a debt service reserve fund, deferred debt service payments or other means) the first two years of debt service payments on the Debt. (b) The Developer guarantees the debt service payments on the Debt for the third. fourth and fifth years that the Debt remains outstanding. The debt service payments shall be paid with the Development Fees collected on the Property. In the event debt DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ANNA, TEXAS, AND [name e# deyeipper]PRIMROSE PAGE 3 of 3232 013669.00012:966790: 8-1.966790.03 service payments exceed the Development Fees collected in years three through five. the Developer shall fund the shortfall required to make the debt service payments. The Developer's obligation to fund the shortfall on debt service payments on the Debt shall be secured by a letter of credit. The Developer shall deliver to the City a letter of credit in an amount equal to the annual debt service payment on the third anniversary of the Debt. The City shall draw down the letter of credit to make debt service payments as required to cover any debt service payment shortfalls. The Developer will renew the letter of credit on the fourth and fifth anniversaries of the Debt The Developer's obligation to fund the debt service payments shall not exceed the Development Fees paid on the Property. The City shall rebate to the Developer from Development Fees an amount equal to all payments funded by the Developer to cover shortfalls in the debt service payments. Water improvements: $2,000.00 per single family residential lot. Sewer improvements: $2,000.00 per single family residential lot. Park Imorovements:_$750 per sinale familv residential lot. The Developer may elect to dedicate to the City land in lieu of paving park Development Fees. If the Developer makes this election. the City shall reimburse the Developer from park Development Fees in an amount equal to $20.000 per acre of park land dedicated (the "Base Park Reimbursement Amount") on the date of this Agreement by an amount equal to the Wall Street Journal Prime Rate published on that date multiplied by the Base Park Reimbursement Amount. The adjusted amount will become the Base Park Reimbursement Amount for the following annual adjustment. d) The City shall reimburse the Developer for debt service pavments from the collection of Development Fees from the Property or from other property that utilizes the Public Improvements. LqL.The City and the Developer acknowledge that the completion of the Thera ghfaro Gnarl co,,on+Public Improvements will benefit both the Developer and the general public. With regard to the There ghfaro Read Segme ntPublic Improvements, the City and Developer agree that: ® ')—the portion of the construction costs borne by the Developer— namely, % of the -estima+e-G9tr-ustien-Eests the Developmental Fees is roughly proportionate to the impact of the proposed development of the Property; and DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ANNA, TEXAS, AND [name e eleueleper]PRIMROSE PAGE 4 of 32$2 013669.00012:966790.8 966790.03 ® (d)—the Developer's sole obligation regarding the them#farePublic Improvements is the nonrefundable payment to the City of 0 of +ha+ a^ euRt, R melt' r the Developmental Fees, regardless of the actual or adjusted costs of construction; ._M 9 IN .. Section 2.05 Incorporation of All City Ordinances. The Developer agrees that subject to changes to the City Ordinances expressly made herein, the Property is subject to and bound by all of the City's ordinances, effective as of the effective date of this Agreement. ARTICLE III DESIGN AND CONSTRUCTION STANDARDS AND APPLICABLE ORDINANCES Section 3.01 Regulatory Standards and Development Quality. With respect to the Thoroughfare Road Segment, the City and the Developer agree that the primary purposes of this Agreement are to assure the City and its citizens that the Thoroughfare Road Segment will be developed with high quality standards and will burden the current taxpayers only insofar as is necessary to fund the general public's roughly proportionate share of the Thoroughfare Road Segment, and to provide Developer certainty as to the regulatory requirements applicable to the development of the Property throughout the development process. Feasibility of the development of the Property is dependent upon a predictable regulatory environment and stability in the projected land uses. By the terms of this Agreement, the City and the Developer intend to establish development and design rules and regulations that will ensure a quality, unified development, yet afford the Developer some flexibility and predictability of regulatory requirements throughout the term of this Agreement. Accordingly, the City and the Developer agree that any City ordinance, whether heretofore or hereafter adopted, that directly conflicts with any matter that is expressly covered by this Agreement, must not be enforced by the City within the Property and that the provisions of this Agreement govern said matters with respect to the development of the Property. Section 3.02 Utility Services. Developer agrees to coordinate with the City in the development of the Property to utilize the City's excess water capacity currently available. Throe -city and the DeyelepeFF agFee that DevelepeF will ititiallly utilize e site DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ANNA, TEXAS, AND [name e deve/GpeliP RIM ROSE PAGE 5 of 32-32 013669.00012:966.798-01-966790.03 Section 3.03 Construction Standards for Public Improvements. This Section 3.03 pertains only to Public Improvements. Except as expressly stated in this Agreement, the Developer must provide drainage and utilities according to the General Plan, for the Property, and in accordance with all City ordinances, including those governing impact fees and meter fees. The Developer must provide written certification to the City from a professional engineer registered in the state of Texas that the design criteria for drainage, water, and wastewater improvements set forth in the Development Ordinance and all City ordinances have been met. All Public Improvements are subject to the permitting and inspection requirements of the City's ordinances. The Developer must not be required by the City to oversize any Public Improvements that are constructed to serve the Property, to serve any areas outside of the Property unless the City chooses to provide contemporaneous payment of all costs of such oversizing to the effect that Developer must neither incur nor pay any costs related to the oversizing. Section 3.04 Private Improvements. The Developer must require private improvements to be constructed in accordance with the City's ordinances, and applicable to the type of improvement being constructed. All Private Improvements must be subject to permitting and inspection by City's Building Official. ARTICLE IV DEVELOPMENT RIGHTS AND REMEDIES Section 4.01 Vested Rights. Upon execution of this Agreement, the City and the Developer agree that the rights of all parties as set forth in this Agreement must be deemed to have vested in accordance with Texas Local Government Code Chapter 245, but develeper waives a!! rights eF Fernedies previded URdeF Texas Le i2eyeFRMeRt Code §245.002(d)-.245. Section 4.02 Waiver of Actions Under Private Real Property Rights Preservation Act. The Developer hereby waives its right, if any, to assert any causes of action against the City accruing under the Private Real Property Rights Preservation Act, Chapter 2007, Texas Government Code (the "Act"), that the City's execution or performance of this Agreement or any authorized amendment or supplements hereto may constitute, either now or in the future, a "Taking" of Developer's, Developer's grantee's, or a grantee's successor's "Private Real Property," as such terms are defined in the Act. Provided, however, that this waiver does not apply to, and the Developer and Developer's grantees and successors do not waive their rights under the Act to DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ANNA, TEXAS, AND [name s€ deve,lepe;]PRIMROSE PAGE 6 of 3232 013669.00012:990.04.966790.03 -- ON M-- 1.7 - - - - - - - F. Section 3.03 Construction Standards for Public Improvements. This Section 3.03 pertains only to Public Improvements. Except as expressly stated in this Agreement, the Developer must provide drainage and utilities according to the General Plan, for the Property, and in accordance with all City ordinances, including those governing impact fees and meter fees. The Developer must provide written certification to the City from a professional engineer registered in the state of Texas that the design criteria for drainage, water, and wastewater improvements set forth in the Development Ordinance and all City ordinances have been met. All Public Improvements are subject to the permitting and inspection requirements of the City's ordinances. The Developer must not be required by the City to oversize any Public Improvements that are constructed to serve the Property, to serve any areas outside of the Property unless the City chooses to provide contemporaneous payment of all costs of such oversizing to the effect that Developer must neither incur nor pay any costs related to the oversizing. Section 3.04 Private Improvements. The Developer must require private improvements to be constructed in accordance with the City's ordinances, and applicable to the type of improvement being constructed. All Private Improvements must be subject to permitting and inspection by City's Building Official. ARTICLE IV DEVELOPMENT RIGHTS AND REMEDIES Section 4.01 Vested Rights. Upon execution of this Agreement, the City and the Developer agree that the rights of all parties as set forth in this Agreement must be deemed to have vested in accordance with Texas Local Government Code Chapter 245, but develeper waives a!! rights eF Fernedies previded URdeF Texas Le i2eyeFRMeRt Code §245.002(d)-.245. Section 4.02 Waiver of Actions Under Private Real Property Rights Preservation Act. The Developer hereby waives its right, if any, to assert any causes of action against the City accruing under the Private Real Property Rights Preservation Act, Chapter 2007, Texas Government Code (the "Act"), that the City's execution or performance of this Agreement or any authorized amendment or supplements hereto may constitute, either now or in the future, a "Taking" of Developer's, Developer's grantee's, or a grantee's successor's "Private Real Property," as such terms are defined in the Act. Provided, however, that this waiver does not apply to, and the Developer and Developer's grantees and successors do not waive their rights under the Act to DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ANNA, TEXAS, AND [name s€ deve,lepe;]PRIMROSE PAGE 6 of 3232 013669.00012:990.04.966790.03 assert a claim under the Act for any action taken by the City beyond the scope of this Agreement which otherwise may give rise to a cause of action under the Act. ARTICLE V MATERIAL BREACH, NOTICE AND REMEDIES Section 5.01 Material Breach of Agreement. It is the intention of the parties to this Agreement that the Property be developed in accordance with the terms of this Agreement and that Developer follow the development plans as set out in the General Plan. (a) The parties acknowledge and agree that any major deviation from the General Plan and its concepts of development and any substantial deviation by Developer from the material terms of this Agreement would frustrate the intent of this Agreement, and therefore, would be a material breach of this Agreement. A material breach of this Agreement by Developer is deemed to have occurred in the following instances: (1) Developer's failure to develop the Property in compliance with the approved General Plan; or Developer's failure to secure the City's approval of any material or significant modification or amendment to the General Plan; or (2) failure of Developer to substantially comply with a provision of this Agreement or a City ordinance applicable to the Property. (b) The parties acknowledge and agree that any substantial deviation by the City from the material terms of this Agreement would frustrate the intent of this Agreement and, therefore, would be a material breach of this Agreement. A material breach of this Agreement by the City is deemed to have occurred in the following instances: (1) imposition by the City of a requirement that the Developer, the Developer's grantee, or a grantee's successor apply for or obtain from the City any permit for construction of private improvements, obtain any inspection related thereto, or pay any fee for any application, permit, or inspection, other than as may be authorized in this Agreement or in City ordinances; (2) an attempt by the City to enforce any City ordinance within the Property that is inconsistent with the terms and conditions of this Agreement; (3) an attempt by the City to modify, amend, or control the General Plan where it, . complies with the requirements of this Agreement; or (4) an attempt by the City to unreasonably withhold approval of a plat of land within the Property that complies with the requirements of this Agreement. DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ANNA, TEXAS, AND [name e� de���`r]PRIMROSE PAGE 7 of X32 013669.00012:966790-8x-966790.03 If a party to this Agreement believes that another party has, by act or omission, committed a material breach of this Agreement, the provisions of this Article V must provide the remedies for such default. Section 5.02 Notice of Developer's Default. (a) The City must notify the Developer in writing of an alleged failure by the Developer to comply with a provision of this Agreement, which notice must specify the alleged failure with reasonable particularity. The alleged defaulting Developer must, within 30 days after receipt of such notice or such longer period of time as the City may specify in such notice, either cure such alleged failure or, in a written response to the City, either present facts and arguments in refutation or excuse of such alleged failure or state that such alleged failure will be cured and set forth the method and time schedule for accomplishing such cure. (b) The City must determine (i) whether a failure to comply with a provision has occurred; (ii) whether such failure is excusable; and (iii) whether such failure has been cured or will be cured by the alleged defaulting Developer. The alleged defaulting Developer must make available to the City, if requested, any records, documents or other information necessary to make the determination. (c) If the City determines that such failure has not occurred, or that such failure either has been or will be cured in a manner and in accordance with a schedule reasonably satisfactory to the City, or that such failure is excusable, such determination must conclude the investigation. (d) If the City determines that a failure to comply with a provision has occurred and that such failure is not excusable and has not been or will not be cured by the alleged defaulting Developer in a manner and in accordance with a schedule reasonably satisfactory to the City, then the City Council may proceed to mediation under Section 5.04. If the dispute is not resolved at mediation, then the City may exercise the applicable remedy under Section 5.05. Section 5.03 Notice of City's Default. (a) Developer must notify the City in writing of an alleged failure by the City to comply with a provision of this Agreement, which notice must specify the alleged failure with reasonable particularity. The City must, within 30 days after receipt of such notice or such longer period of time as Developer may specify in such notice, either cure such alleged failure or, in a written response to Developer, either present facts and arguments in refutation or excuse of such alleged failure or state that such alleged failure will be cured and set forth the method and time schedule for accomplishing such cure. (b) The Developer must determine (i) whether a failure to comply with a provision has occurred; (ii) whether such failure is excusable; and (iii) whether such failure has DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ANNA, TEXAS, AND {name e# ^'^��. ' ]PRIMROSE PAGE 8 ofQ-32 013669.00012:966790:04-966790.03 been cured or will be cured by the City. The City must make available to the Developer, if requested, any records, documents or other information necessary to make the determination. (c) If the Developer determines that such failure has not occurred, or that such failure either has been or will be cured in a manner and in accordance with a schedule reasonably satisfactory to the Developer, or that such failure is excusable, such determination must conclude the investigation. (d) If the Developer determines that a failure to comply with a provision has occurred and that such failure is not excusable and has not been or will not be cured by the City in a manner and in accordance with a schedule reasonably satisfactory to the Developer, then the Developer may proceed to mediation under Section 5.04. If the dispute is not resolved at mediation, then the Developer may exercise the applicable remedy under Section 5.05. Section 5.04 Mediation. In the event the parties to this Agreement cannot, within a reasonable time, resolve their dispute pursuant to the procedures described in Sections 5.02 or 5.03, the parties agree to submit the disputed issue to non-binding mediation. The parties must participate in good faith, but in no event must they be obligated to pursue mediation that does not resolve the issue within two days after the mediation is initiated or 14 days after mediation is requested. The parties participating in the mediation must share the costs of the mediation equally. Section 5.05 Remedies. (a) In the event of a determination by the City that the Developer has committed a material breach of this Agreement that is not resolved in mediation pursuant to Section 5.04, the City may, subject to the provisions of Section 4.03, file suit in a court of competent jurisdiction in Collin County, Texas, and seek any relief available at law or in equity, including, but not limited to, an action under the Uniform Declaratory Judgment Act and termination of this Agreement as to the breaching Developer. (b) In the event of a determination by the Developer that the City has committed a material breach of this Agreement that is not resolved in mediation pursuant to Section 5.04, the Developer may file suit in a court of competent jurisdiction in Collin County, Texas, and seek any relief available at law or in equity, including, but not limited to, an action under the Uniform Declaratory Judgment Act and termination of this Agreement. ARTICLE VI BINDING AGREEMENT, TERM, AMENDMENT, AND ASSIGNMENT Section 6.01 Beneficiaries. This Agreement must bind and inure to the benefit of the City and the Developer, their respective successors and assigns. The terms of this Agreement must constitute covenants running with the land comprising the Property DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ANNA, TEXAS, AND [name e# ^'eve1Gpe,7PRIMROSE PAGE 9 of 3232 013669.00012:966790.01-966790.03 and must be binding on all future Developers and owners of any portion of the Property. A memorandum of this Agreement, in substantially the form attached hereto as Exhibit "E" must be recorded in the Official Public Records of Real Property of Collin County, Texas. There are no third -party beneficiaries to this contract unless expressly set forth herein. Section 6.02 Term. This Agreement must bind the parties and continue until a date that is five years from the date of this Agreement, unless terminated on an earlier date pursuant to other provisions or by express written agreement executed by the City and Developer. Upon the expiration of five years from the date of this Agreement, this Agreement may be extended, at the Developer's request and with City Council approval, for successive one-year periods_ Section 6.03 Termination. In the event this Agreement is terminated as provided in this Agreement or is terminated pursuant to other provisions, or is terminated by mutual agreement of the parties, the parties must promptly execute and file of record, in the Official Public Records of Real Property of Collin County, Texas, a document confirming the termination of this Agreement, and such other documents as may be appropriate to reflect the basis upon which such termination occurred. Section 6.04 Assignment or Sale. If the Developer proposes to sell all or any portion of the Property, the Developer must provide prior written notice of such sale to the City. Any person who acquires the Property or any portion of the Property for the purpose of development and resale of the Property, must take the Property subject to the terms of this Agreement, and once said person acquires the Property references to "the Developer" herein include said person. The terms of this Agreement are binding upon Developer, its successors and assigns, as provided in Section 6.01 above. Any contract, agreement to sell land, or instrument of conveyance of land which is a part of the Property must recite and incorporate this Agreement as binding on any purchaser or assignee. Section 6.05 Transfer of Control of Developer. The Developer must promptly notify the City prior to any substantial change in ownership or control of that Developer. As used herein, the words "substantial change in ownership or control" must mean a change of more than 49% of the stock or equitable ownership of a Developer. Any contract or agreement for the sale, transfer, or assignment of control or ownership of a Developer must recite and incorporate this Agreement as binding on any purchaser, transferee, or assignee. ARTICLE VII MISCELLANEOUS PROVISIONS Section 7.01 Notice. The parties contemplate that they will engage in informal communications with respect to the subject matter of this Agreement. However, any formal notices or other communications ("Notice") required to be given by one party to DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ANNA, TEXAS, AND [name o PAGE 10 of 3232 013669.00012:96679044-966790 A3 another by this Agreement must be given in writing addressed to the party to be notified at the address set forth below for such party, (a) by delivering the same in person, (b) by depositing the same in the United States Mail, certified or registered, return receipt requested, postage prepaid, addressed to the Party to be notified; (c) by depositing the same with Federal Express or another nationally recognized courier service guaranteeing "next -day" or "overnight" delivery, addressed to the party to be notified, or (d) by sending the same by telefax with confirming copy sent by mail. Notice deposited in the United States Mail in the manner herein above described must be deemed effective from and after three days after the date of such deposit. Notice given in any other manner must be effective only if and when received by the party to be notified. For the purposes of notice, the addresses of the parties, until changed as provided below, must be as follows: City: City of Anna P. O. Box 776 Anna, Texas 75409-0776 Attn: City Manager (972) 924-2620 (facsimile) Developer: The parties must have the right from time to time to change their respective addresses, and each must have the right to specify as its address any other address within the United States of America by giving at least five days written notice to the other parties. If any date or any period provided in this Agreement ends on a Saturday, Sunday, or legal holiday, the applicable period for calculating the notice must be extended to the first business day following such Saturday, Sunday or legal holiday. Section 7.02 Time. Time is of the essence in all things pertaining to the performance of this Agreement. Section 7.03 Severability. If any provision of this Agreement is illegal, invalid, or unenforceable under present or future laws, then, and in that event, it is the intention of the parties hereto that the remainder of this Agreement must not be affected. Section 7.04 Waiver. Any failure by a party hereto to insist upon strict performance by the other party of any material provision of this Agreement must not be deemed a waiver thereof or of any other provision hereof, and such party must have the right at any time thereafter to insist upon strict performance of any and all of the provisions of this Agreement. DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ANNA, TEXAS, AND {name e# ^'^vr]MIVIROSE PAGE 11 of 3332 013669.00012:96&798:8-4966790.03 Section 7.05 Applicable Law and Venue. The construction and validity of this Agreement must be governed by the laws of the State of Texas without regard to conflicts of law principles. Venue must be in Collin County, Texas. Section 7.06 Reservation of Rights. To the extent not inconsistent with this Agreement, each party reserves all rights, privileges, and immunities under applicable laws. Section 7.07 Further Documents. The parties agree that at any time after execution of this Agreement, they will, upon request of another party, execute and deliver such further documents and do such further acts and things as the other party may reasonably request in order to effectuate the terms of this Agreement. Section 7.08 Incorporation of Exhibits and Other Documents by Reference. All Exhibits and other documents attached to or referred to in this Agreement are incorporated herein by reference for the purposes set forth in this Agreement. Section 7.09 Effect of State and Federal Laws. Notwithstanding any other provision of this Agreement, Developer, its successors or assigns, must comply with all applicable statutes or regulations of the United States and the State of Texas, as well as any City ordinances not in conflict with this Agreement, and any rules implementing such statutes or regulations. Section 7.10 Representations and Warranties Concerning Ownership of Property. The Developer hereby certifies, represents and warrants the surface estate of the Property is owned by [name of deyel9pe Primrose 104, LP, that no other Person has any right, title or interest in the surface estate of the Property, and that the execution of this Agreement will effectively bind the Developer and the Property to the terms and provisions hereof. Section 7.11 Authority for Execution. The City hereby certifies, represents, and warrants that the execution of this Agreement is duly authorized and adopted in conformity with City ordinances and other applicable law. The Developer hereby certifies, represents, and warrants that the execution of this Agreement is duly authorized and adopted in conformity with the articles of incorporation and bylaws or partnership agreement of such entity. DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ANNA, TEXAS, AND [moo# developer] PRIMROSE PAGE 12 of 3232 013669.00012:96699:04-966790.03 IN WITNESS WHEREOF, the undersigned parties have executed this Agreement as of the day of , 2005. ATTEST: By: Name: _ Title: CITY OF ANNA, TEXAS By: Kenneth Pelham, Mayor Primrose 104 LP a Texas limited partnership M Name Title BEFORE ME, the undersigned authority, on this day personally appeared [name of authorized rep. of developer], known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that: "My name is [name] I am the [title] of [name of developer if an entity]. I have read the foregoing instrument, and I fully understand its contents. I represent it to be a fact that the statements contained therein are true and correct, and that I have signed the same freely and voluntarily, and execute the same with full authority from and on behalf of [name of developer if an entity] for the purposes and consideration therein expressed and none other." SUBSCRIBED AND SWORN to before me this day of 2005. Notary Public - State of Texas DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ANNA, TEXAS, AND [name e# develeper]PRIMROSE PAGE 13 of 3?32 013669.00012:966790.04-966790.03 EXHIBIT LIST "A" The Property description "A-1" Vicinity map of the Property "B" Development Ordinance "C" Preliminary Plats "D" Public Improvements DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ANNA, TEXAS, AND fname Gf developer]PRIMROSE PAGE 14 of 3232 013669.00012:96699:04-966790.03 EXHIBIT D PUBLIC IMPROVEMENTS Water Distribution System • 30" Line in 455 to Primrose (2.250 LF) $375.000 • 18" Line in Spine Road (11.650 LF) $1.350.000 • Ground Storage and Booster Pump at $1.000.000 Foster Crossing and HWY 5 • .Engineering and Contingency $545.000 Sanitary Sewer System • 15" Gravity Sewer from Primrose to Regional Lift Station $260.000 • Regional Lift Station and Force Main $470.000 • 15" Gravity Sewer within City of Anna city limits 17060 LF) $510.000 • 15" Gravity Sewer in City of Melissa city limits $180.000 Meter Station at limit line $100,000 • Engineedna and Contingency $304.000 111*331 Miwjjl BielHAMM Biel W-Wo:l010190 No,DEWS IMAKII: � ► : .: : EU ' . t►tR'� _ ITEM 18: Consider/Discuss/Action on recommendations regarding Anna Historic District Zoning. The Planning and Zoning Commission has recommended to the council that a historic zoning district overlay be developed for the older part of the city. The current proposal does not involve a specific ordinance. It is a request that the council approve the concept of historic zoning in the older part of Anna and tha) the PZC be given directions to work on a historic district zoning ordinance. The purposes of the effort and the outline of the direction that the PZC would go with the project are presented in the attached document. From: Liviaurit@aol.com Sent: Thursday, April 27, 2006 12:13 AM To: Liviaurit@aol.com Subject: Historic District Overlay and Historic District Zoning Request May 2, 2006 Mayor Pelham and Council Members, The enclosed document is a short form description of what a draft Historic District Zoning Ordinance. It is in no way a complete document; nor is it intended to be a complete and final Historic District Zoning Ordinance. This short form description has been provided as an example only, regarding the request for a Historic District Zoning Overlay for the City of Anna. A fully developed Historic District Zoning Ordinance that contains clear, consistent, complete and detailed guidelines for owners, developers, and city officials will be presented to the Anna City Council for their approval after a Historic District Zoning Overlay has been approved by the city council. Sincerely, Molly M. Young Anna Historic District Zoning Overlay Proposal The proposed Historic District areas include two specific zones. Zone l: This zone is being created for the purpose of the preservation of the original site area of the Historic City of Anna which encompasses: Zone 1-A: East side of Hwy. 5 (Powell Parkway) including the north frontage of Hackberry Street, southward to CR 455 (White Street) and eastward to Smith Street from Hwy. 5. Including, east of Hwy. 5, the west frontage of Riggins Street, 100 feet north of Hackberry Street and the 25 acre Geer Park northeast of Smith Street. Zone 1-B: West side of Hwy. 5 (Powell Parkway) including the north frontage of Hackberry Street, southward to CR 455 (White Street) and westward from Hwy. 5 to James Street and Harper Drive. Including the south frontage of 5th Street, southward, to CR 455 and westward to Slater Creek. Page 1 of 11 Zone 2: This zone is being created for the purpose of providing a complementary architectural facade gateway to the area of the original (Zone 1- A & 1-B) site of the historic City of Anna which encompasses: Zone 2-N: Hwy. 5 (Powell Parkway). frontage on both sides of the road, east and west, starting at the north boundary of Zone 1-A & 1-B, northward on Hwy. 5, ending at Rosamond Parkway. Zone 2-S: CR 455 (White Street) frontage on both north and south sides of the road, east and west, at the south boundary of Zone 1-A & 1-B, from Slater Creek to 100 feet beyond Smith Street. Including the frontage on both sides of Hwy 5, east and west, south of CR 455, ending at the north boundary of the unnamed creek. Note: See Historic Zoning Overlay Map for visual details of Zone 1 and Zone 2. I. The Purpose of Historic Zoning Historic zoning is the process by which a community recognizes specific districts as being architecturally, historically, and culturally significant. Having done that, the community then develops methods to protect and enhance those qualities that make the district significant in the interests of the property owners and of the entire community. Historic zoning, then, is a positive measure that seeks to advocate the community's special interests in particularly significant zones while at the same time working with property owners not only to protect their rights but also to assist in improving their personal and financial investment in their property. II. Function of the Historic District To accomplish the purpose of designating a historic district in the City of Anna a Historic District Zoning Overlay and Historic District Zoning Ordinances need to be adopted by the City Council. The Historic District Overlay for Zone 1-A & 1-B will be zoned for mixed-use between the east side of Hwy. 5 to the RR tracks at Riggins Street from First Street to Seventh Street, and on the west side of Hwy. 5 between Hackberry and 4th Street, westward to James Street (but not replace already existing zoned uses); between Sherley Street and Smith Street on the east side of Hwy. 5 and from James Street westward to Harper Street on the east side of Hwy. 5 for Residential and specific in-home businesses (but not replace already existing zoned uses). Zone 2-N & 2-S will be zoned for Complementary Architectural Historic Facades and specific commercial and residential uses (but not replace already existing zoned uses). Historic District Zoning ordinances will establish guidelines for alterations, new construction, demolitions, and removals within designated historic zones. Page 2 of 11 III. Historic Guidelines Fourth Street east of Hwy. 5 is Anna's principal east -west historic business thoroughfare and the location of its most significant concentration of business and historic residential structures built from 1880 to 1920. The majority of architectural styles include Gothic Revival, Victorian Stick, Victorian Queen Anne, and Neoclassical. The proposed zones also include civic, commercial and residential blocks with smaller bungalows and craftsman style houses dating from the 1930s and 1940s representing examples of domestic architecture from those decades. Therefore, one of the principal qualities creating architectural significance in the proposed zones is stylistic variety. These guidelines seek to protect and enhance this quality by encouraging alterations and additions that consider each structure as an individual "entity" with a "personality" of its own. Like people, no two buildings are identical, and each building must grow and change over time. The City of Anna seeks to protect stylistic variety by encouraging sensitive change to existing structures throughout the district. In terms of new structures, protecting stylistic variety means encouraging structures of modern design that blend well with existing structures and discouraging designs, whether of modern or traditional styles, that are intrusive or disruptive of those qualities that create architectural significance. A second quality of the historic district zone is its consistency. While there is a variety from one area to another, each block achieves a certain rhythm and harmony created by the following facts of design and setting. 1. Setback - From block to block structures are setback equally from the street, or achieve the visual effect of consistent setback through the planting of trees or the building of fences at the setback lines. 2. Scale - From block to block buildings have relatively the same ratio among their height, width, and length. This is what we mean by scale. Although some structures have large dimensions, the majority of the structures in the proposed zone are of one to one and a half stories high. 3. Massing - From block to block, the various parts of a structure such as upright elements, wings, porches and towers appear in the same proportions and structures are sited on the lot so that their depth exceeds their width. 4. Rhythm - From block to block, the buildings achieve consistency in the placement of doors and windows on the front facades and in dormers on the roof. In addition, the space between buildings from lot to lot remains relatively consistent creating a rhythm between facades and undeveloped areas of the lots. 5. Material - While noting a variety of building materials throughout the proposed zone and exceptions even within blocks, there is a general consistency of building material, predominantly though not exclusively wood and brick, from block to block. Page 3 of 11 6. Landscaping - The presence of large shade trees generally in the proposed zone is one of the principal qualities creating visual harmony. Though there are some blocks of which this is not true, and others where the trees have been removed, these blocks are exceptions. Property owners and the community hopefully will work together to ensure the continuation of this vital quality. IV. Spirit of Enforcement These proposed guidelines for the proposed Historic District Zones have been specifically developed to protect these amenities. In addition to these clearly definable qualities of architectural variety and consistency or visual cohesiveness, property owners' attitudes play a vital role in creating significance in the proposed district. It is hoped that property owners will work with the city of Anna to ensure that future changes will continue to enhance the qualities of the districts. The success of historic zoning depends on the spirit in which the ordinance is enforced. The historic zones will be created by the City Council, both for the property owners and for the entire community. Therefore, the city will provide all information necessary to property owners and their architects and contractors to ensure sensitivity, thus protecting their property values and that of their neighbors. In this way we hope to ensure that these guidelines are fairly and uniformly enforced. V. Purpose Design guidelines are criteria and standards that the City of Anna must consider in determining the appropriateness of proposed work within a historic district. Appropriateness of work must be determined in order to accomplish the goals of historic zoning, as listed below: 1. To preserve and protect historical and/or architectural value of buildings or other structures. 2. To regulate exterior design, arrangement, texture, and other materials proposed to be used within the historic district to ensure compatibility. 3. To create an appearance which complements the historic buildings or other structures. Page 4 of 11 4. To stabilize and improve property values. 5. To foster civic beauty. 6. To strengthen the local economy. 7. To promote the use of historic districts for the education, pleasure, and welfare of the present and fixture citizens of the City of Anna. VI. Alterations to Existing Buildings and Property Definition - A change in building material; the addition of any architectural feature to a structure; a repair that reconstructs any part of an existing building; an addition that extends or increases floor area or height of any building; addition of accessory structures. VII. General Principles These guidelines shall apply only to the exteriors of buildings and to areas of lots visible from public rights-of-way. Proposals for exterior work to be done on public facades - front and street related elevations - shall be more carefully reviewed than proposals for work. The distinguishing original qualities or character of a building, structure, or site and its environment shall not be destroyed. The removal or alteration of any historical material or distinctive architectural features should be avoided. Changes that may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right and this significance shall be recognized and respected. Distinctive stylistic features or examples of skilled craftsmanship, which characterize a building, structure, or site, shall be treated with sensitivity. Deteriorated architectural features shall be repaired rather than replaced whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, and texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated Page 5 of 11 by historical, physical, or pictorial evidence rather than on conjectural design or the availability of different architectural elements from other buildings or structures. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that damage historic building materials shall not be undertaken. Every reasonable effort shall be made to protect and preserve archeological resources affected by, or adjacent to a project. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural, or cultural material; and when such a design is compatible with the size, scale, color, material and character of the property, neighborhood or environment. Whenever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations were to be removed in the future, the essential form and integrity of the structure would be unimpaired. VIII. Guidelines for Alterations Additions: Additions are areas that increase the living or working space of a structure. This does not include the addition of architectural detail elements. Additions should follow the guidelines for new construction. Roofs: Roofs, which are major visual components of buildings, come in four basic shapes -gabled, hipped, gambreled and flat. They are often interrupted with dormers and sometimes with turrets and cupolas. The original roof pitch and configuration should be maintained. The original size and shape of dormers should be maintained. Dormers should not be introduced where none existed originally. Existing old chimneys should be maintained. Original roof materials and color should be retained. If replacement is necessary, original material should be used. Composition shingles may be substituted for original roofing when it is not economically feasible to replace or repair with original materials or when the original roof is beyond repair. The color and texture of composition shingles should be appropriate to the architectural style and period of the structure. Page 6 of 11 Porches: Porches are often the focus of a historic building's facade and are important to the overall character of a building and often help focus design on the building's primary entrance. Original details and shape, outline, roof height, and roof pitch should be retained. Original porch materials and architectural details should be maintained. If different materials are substituted, they should be a close visual approximation of the original. The enclosing of front porches is inappropriate. The enclosing of side porches may be considered appropriate if the visual openness and character of the original porch is maintained. Installing secondary service entrances and porches that are incompatible in size, scale or material with the same elements of the historic building or installing secondary entrances and porches that destroy character -defining features is not permitted. Windows: Both from the interior and exterior views, windows are always an essential part of the historic character of a building and thus deserve special consideration. The original size and shape of windows should be maintained. The original number and arrangement of panes should be maintained. The characteristic window shape in the area is vertically rectangular -higher than it is wide. Horizontally proportioned windows are generally not appropriate. Painted aluminum storm windows, screens and blind stop windows are more appropriate than shiny raw mill finished storm windows and screens. Shutters, unless appropriate to the style of the building, should not be introduced. Shutters should fit an opening in height and width so that if they were closed, the opening would be covered. New window openings should not be introduced unless they match the existing window configuration and their placement harmonizes with the existing rhythm of opening. Original windows should not be filled in. Doors: The original size and shape of door openings should be maintained. Original transoms, side lights, and doors should be maintained. Page 7 of 11 Replacement doors should be compatible with original doors in terms of style and material. Flush doors are generally inappropriate. Painted alumimun storm doors, screen doors and blind stop and full view storm doors are more appropriate than shiny raw mill finished storm doors and screen doors. Generally, new door openings should not be introduced on facades visible from the street. Original door openings should not be filled in. Architectural Details: Original details should not be removed. Architectural details of any period or style not original to the building should not be introduced. The replacement of irreparable details should be with close visual approximations of the originals based on historical or physical data where available. The replacement of missing original details should be based on accurate duplication, or should be close visual approximations of the originals, based on historic, physical, or pictorial documentation. Changes that have taken place in the course of time, which are evidence of the history and development of a building and its environment, may have acquired significance in their own right; their significance should be recognized and respected. Material: Original building materials include wood, brick, stone, terra cotta, and stucco. Original roof materials include slate, metal, and, on twentieth century buildings, composition shingles. Original buildings and roofing materials should be retained. If replacement is necessary, it should be with original materials or close visual approximations of the original. Masonry: Brick, stone, terra cotta, concrete, stucco, and mortar. Masonry features are required that define the historic character of the building including walls, brackets, railings, cornices, window architraves, door pediments, steps and columns, masonry joints and unit size, tooling and bonding patterns, coatings and color. Masonry repointing should be done with care to match the original mortar color. The use of portland cement should be avoided when repointing old brick due to the high strength characteristics of the cement, which can cause old brick to crack and splay. Original tooling configuration and joint width should be maintained. Page 8 of 11 Cleaning should be done with the gentlest means possible. Since sandblasting causes severe damage to brick and mortar, its use shall be avoided. Painting stone is inappropriate. Wood: Clapboard, weatherboard, shingles sidings, wooden decorative elements. Wood siding should be retained. Original siding should not be covered or replaced with a material or texture not original to the building. Replacement wood siding should be consistent with the original size, direction and lap dimension. Original wall shingles should be maintained. Stucco: Stucco materials should be retained. Original stucco should not be covered or replaced with a material or texture not original to the building. Replacement stucco should be consistent with the original in size, direction and dimension (thickness). Synthetic Covering Materials: In general, the use of synthetic covering materials is discouraged due to the damaging effect the materials can have on the structure of the older buildings; unless the covering materials are vented properly, retention of moisture can damage the existing structure. Some covering materials are very susceptible to denting. Synthetic covering materials decrease the ability of the owner to monitor deterioration of the original structure and materials that might be occurring beneath the covering materials. Synthetic covering materials also have the potential for creating fire hazards by the inaccessibility to burning materials beneath the covering materials. In some circumstances, the use of synthetic covering materials may be appropriate where duplicate replacement materials are not available. If synthetic covering materials are used, dimensions of the original elements including relationship to the corner boards, window trim and other architectural details should be maintained. Color: Exterior pigment colors of buildings commonly ranged from dominant white of the late Greek Revival style through the pale earth tones of early Victorian and the dark, rich (muddy) colors most often associated with Victorian (Queen Anne), and to the gradual return to white in Classic Revival and light pastels during the Colonial Revival period. Arts and Crafts styles continued to use rich color palettes of deep reds, browns and olive greens during the same period as Colonial Revival architects specified white elevations with green shutters, or blue, gray or yellow elevations trimmed in white. Queen Anne and Stick (Arts and Crafts styles), all circa the 1870's (continuing into the 1880's), featured rich, tertiary colors for exterior decoration; grouping parts of a building in one or more colors; and detailing in contrasting colors the shape of doors, windows and other feature elements. Page 9 of 11 Historic paint colors of the period between 1880 and 1920 are preferred. Individual colors other than those appropriate for the period and color schemes other than those used in the original historic period for the particular style are not permitted. Accessories (such as fencing, street furniture, flower containers and other specified items) of painted colors other than those appropriate to the period, and/or incompatible with those of the main building to which they are attached are not permitted. Accessory Structures: Accessory structures related to a building (fences, walls, street lamps, stoops, paving sidewalks, signs, terraces, drives, game courts, pools and decks and other specified items) should be visually compatible with the environment to which they are related. Fences: Fences are generally not present in the historic district, but they may be added to a lot if they are similar material to other fences and structures in the vicinity, and if they are constructed so as to not disrupt the visual harmony of the front area of the lots. Fences must be appropriate to the period of the historic structure and the surrounding neighborhood or district. The preferred and appropriate type of fencing is wood picket, wrought iron or decorative Victorian wire with cast iron. Fences of level -height no higher than 30 inches are allowed in front yards. All fencing must maintain a 25 foot visibility triangle. Low retaining walls in front yards should be kept where they exist. New retaining walls should conform in materials and color with the existing structures on the lot. Signs: Signs within the historic district or on the property of a historic landmark should be appropriate to the historic context of the particular building where the sign is being mounted. Sign colors must coordinate with the color palette of the Historic District. Signs attached to the structure shall not cover any architectural detail. All signs must comply with the Anna Historic Sign Ordinance. Landscaping: All aspects of site development should be sympathetic and appropriate in context to the character of landscape development with regard to historic structures and the type of plants, and spatial treatment of adjacent properties. To the extent possible, the use of native plants, shrubs, and trees that are compatible with Xeriscape water conservation principles are requested. No landscaping, including plant containers, can obstruct the normal flow of pedestrian traffic on sidewalks. Landscaping must be maintained. All landscaping must comply with the Anna Landscape Ordinance and Tree Ordinance. Page 10 of 11 Lighting: Light fixtures should be in keeping with the collective characteristics of the property and surroundings. All lighting must comply with the Anna Lighting Ordinance. IX. New Construction Definition - The construction of any freestanding structure on any lot. General Principles These guidelines shall apply only to the exterior of buildings. Architectural styles of 1880 to 1920 are preferred. In addition to the primary structures, the neighborhoods in 19th and early 20th century Anna often had smaller buildings located in backyards and alleys. These buildings were used for a variety of purposes such as privies, stables, chicken coops, barns, carriage houses and smokehouses. Some properties had more than one of these structures. In appearance, the secondary buildings usually matched the primary structures in materials and design, but were smaller and simpler. Since construction in a historic district has taken place continuously from the late nineteenth and early twentieth centuries, a variety of building types and styles result that demonstrates the changes in building tastes and technology over the years. New buildings should continue this tradition while complementing and being compatible with the other buildings in the area. New construction should be consistent with existing buildings along a street in terms of height, scale, setback, and rhythm; relationship of materials, texture, details and color; roof shape; orientation; and proportion and rhythm of openings. The public facades - front and street related elevations - of proposals for new buildings shall be more carefully reviewed than other facades. Guidelines for New Construction Height New buildings must be constructed to a height that is compatible with the height of adjacent buildings. Page 11 of 11 MINUTES Park Board Regular Meeting, April 17, 2006 The Park Board of the City of Anna met in regular session at 7:00 pm, Monday, April 17, 2006, at the Community Room, Independent Bank, 101 S. Powell Parkway, to consider the following items. Call to Order and establishment of quorum. The meeting was called to order by Chairman Jon Hendricks at 7:10 p.m. Members present were Mr. Hendricks, Ms. Candace Ingle, Ms. Elizabeth James, Mr. John Loyd, Ms. Angie Toles, and Ms. Molly Young. Member absent was Mr. Bill Hemenway. A quorum was declared. Mr. Lee Lawrence, City Manager, was present as staff support 2. Update and take action as desired regarding Geer Park. Mr. Lawrence was recognized to note that work has started on water line improvements along Smith Street. Other utility relocations (natural gas, telephone, and electrical) will begin within the next 30-45 days. As soon as utility relations and improvements have been completed, street improvements on Smith Street will occur. This will probably not occur until mid -summer. No improvements to the park area itself are planned until the water well work at the west end of the park site has been completed. That work should be completed by June 1. No action was taken on this item. 3. Update and take action as desired regarding Slater Creek Park project. Mr. Lawrence was recognized to note that work will shortly begin on the water line across the north and east edges of the park site. The water to serve the park area itself will be connected to the new 12' line to be installed along the east edge of the tract. Work on the sewer line that will be installed along the north and west edges of the park will start in May. The sanitary sewer to serve the park facilities will be connected to the new sewer to be installed along Slater Creek at the west edge of the tract. Several fund-raising suggestions were made by board members. These included a "buy - a -brick" project and naming of fields for major contributors. It was also suggested that Minutes 04-17-06 Page 1 of 3 structures to be built on the park site be constructed using designs that reflected the history of the community. No action was taken on this item. 4. Update and take action as desired regarding Bryant Park. No action was taken on this item. 5. Update and take action as desired regarding Slater Creek Trail. Mr. Lawrence was recognized to discuss this item. He noted that the City had been unable to acquire key easements needed to pursue the original trail route. In earlier discussions the suggestion had been made to re-route the trail through the historical downtown area in some fashion, which would maintain the integrity of the original design relative to connecting Slater Creek Park to the public school facilities on Sherley Street. Mr. Lawrence reported that the Texas Parks and Wildlife Department refused this request because the route through the developed area of town would in practice mean construction of sidewalks and sidewalk construction is not permitted under the Trail Grant Program rules. However, TPWD indicated considerable flexibility regarding other potential revisions of the routing. At Mr. Lawrence suggestion, Mr. Molly Young moved that the board recommend to the City Council a revision of the trail project to include a routing from the south end of Slater Creek Park southward along Slater Creek to approximately 700 feet south of Hackberry Street (to the undeveloped extension of Second Street, then along the undeveloped right-of-way of Second Street eastward to the intersection of Amoret Circle. If funds remain after construction of this segment is complete, the trail would be extended northward from the north edge of Slater Creek Park along Slater Creek to Rosamond Parkway and westward along Rosamond Parkway as far as the trail project budget permitted. Ms. James seconded the motion, which passed by the following vote: Yes 6 No 0 Abstentions 0 6. Financial report. The financial report was submitted and accepted without comment. The report consisted of the Park Department income and expenses through March 31 and the current status of the Park Trust Fund and the Geer Park Trust Fund. 7. Discuss items as desired by Park Board members. There were no items discussed. 8. Staff reports and items for discussion. There were no additional staff reports or discussion items. 9. Consider action to approve minutes of following meeting: March 20, 2006 Minutes 04-17-06 Page 2 of 3 Mr. Lawrence stated that the March 20 Minutes were not available for approval. 10. Adjourn. There being no further business, the meeting was adjourned at 8:12 p.m. Jon Hendricks, Chairman Date Minutes 04-17-06 Page 3 of 3