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HomeMy WebLinkAbout2014-01-14 Workshop & Regular MeetingYOUR} HOMETOWN CITY OF ANNA AGENDA NOTICE - CITY COUNCIL WORKSHOP January 14, 2014 6:30 p.m. — Anna City Hall Administration Building The City Council of the City of Anna will meet in Workshop Session at 6:30 p.m., January 14, 2014, at the Anna City Hall Administration Building, located at 111 N. Powell Parkway (Hwy 5), regarding the following items: 1. Call to Order. 2. Roll Call and Establishment of Quorum. 3. Briefing/Discussion regarding 2014 Certificates of Obligation and Utility Rate Model. (Clayton Fulton) 4. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code &551.071); b. discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). Tex. Gov't Code 4551.087 ); proposed retail development. 1. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924- 3325 two working days prior to the meeting so that appropriate arrangements can be made. 01-14-14 CC Workshop Meeting Agenda.doc 1 Posted 01-10-14 The council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. 5. Consider/Discuss/Action on any items listed on posted agenda for January 14, 2014 City of Anna City Council Regular Meeting or any Closed Session occurring during this Workshop, as necessary. 6. Adjourn. This is to certify that I, Natha Wilkison, City Secretary, posted this agenda at a place readily accessible to the public at the Anna City Hall and on the City Hall bulletin board at or before 5:00 p.m., January 10, 2014. &ffm ?(/&a� d 2 Natha Wilkison, City Secretary 1. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924- 3325 two working days prior to the meeting so that appropriate arrangements can be made. 01-14-14 CC Workshop Meeting Agenda.doc 2 Posted 01-10-14 y{OETB} HOMETOW N Council Meeting: January 14, 2014 Account Code #: N/A Budgeted Amount N/A Item No. 3 WS City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Clayton Fulton and Rob Woods Date Prepared: 1/9/14 Exhibits: ❑✓ Yes ❑ No AGENDA SUBJECT: Briefing/Discussion regarding 2014 Certificates of obligation and Utility Rate Model. SUMMARY: After our last meeting on the proposed debt issuance, staff has reviewed the project cost and our utility rate model. Our consulting engineer, Birkhoff Hendricks & Carter has determined the probable cost to be $4,138,000. This project includes the following improvements: • Elevated storage tank - $2,280,000 • Water lines to tank and loop system - $1,323,000 • Disinfection system upgrades - $330,000 • Funds to complete blending program - $205,000 The attached exhibit details the costs of each project. Each of these projects is necessary to allow for current and future growth. The consequences of not moving forward will result in increased cost in the future and potentially limiting current growth opportunities in Anna. These projects will assist in meeting TCEQ requirements for water storage and system capacity, without the improvements we will fall short of meeting certain TCEQ requirements. Commitment to these projects illustrates our commitment to fostering growth in the City. Since our last meeting to discuss these projects, we have also reviewed our utility rate model. The growth projections included in the model presented during budget preparations last year were very anemic and based upon the best information we had at the time. The model was also based upon a lower debt issue than is now presented. We have updated the model with 3 different scenarios of 5%, 7%, and 9% growth rates. We have also updated the anticipated debt service for the proposed debt issue. Item No. 3 WS City Secretary's use only City Staff will present details of the proposed projects and results of the updated rate model. Staff from First Southwest will also be on hand to present a brief market update and the anticipated debt issuance costs. RECOMMENDATION: Birkhoff, Hendricks Carter, LLP 1211012013 ATTACHMENT NO. 1 City of Anna, Texas Recommended 2014 Water Distribution System Capital Improvement Plan (0.75 MG EST) Project Budget Summary Project Materials Testing Numbe Land Rights & Inspection r Project Name Construction Acquistions Engineering Services Project Total USE 1 Hackberry 0.75 MG Elevated Storage Tank $ 1,940,950 $ 50,000 $ 194,095 $ 87,343 $ 2,272,388 $ 2,280,000 2 Elevated Storage Tank Water Lines $ 994,750 $ 78,750 $ 198,950 $ 49,738 $ 1,322,188 $ 1,323,000 3 Disinfection System Upgrades $ 263,000 $ - $ 52,600 $ 5,260 $ 320,860 $ 330,000 Water System Improvements to Support Future 5 Retail Development at FM 455/US 75 N/A - Cost by Developer Additional Funds to Complete 2012 Surface 6 Water Implementation Program $ 200,000 $ 5,000 $ 205,000 Totals: $ 3,198,700 $ 128,750 $ 445,645 $ 142,340 $ 3,915,435 $ 4,138,000 i YOUR; HOMETOWN CITY OF ANNA AGENDA NOTICE — CITY COUNCIL REGULAR MEETING January 14, 2014 7:30 p.m. — Anna City Hall Administration Building The City Council of the City of Anna will meet in Regular Session at 7:30 p.m., January 14, 2014, at the Anna City Hall Administration Building, located at 111 North Powell Parkway (Hwy 5), to consider the following items. Welcome to the City Council Meeting. Please sign the Sign -In -Sheet as a record of attendance. If you wish to speak on an open -session agenda item please fill out the Opinion/Speaker Registration Form and turn it in to the City Secretary before the meeting starts. 1. Call to Order. 2. Invocation and Pledge of Allegiance. 3. Citizen comments. Citizens are allowed 3 minutes to speak. The Council is unable to respond to or discuss any issues that are brought up during this section that are not on the agenda, other than to make statements of specific factual information in response to a citizen's inquiry or to recite existing policy in response to the inquiry. 4. Receive reports from Staff or the City Council about items of community interest. Items of community interest include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen (but not including a change in status of a person's public office or public employment); a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. 1. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924- 3325 two working days prior to the meeting so that appropriate arrangements can be made. 01-14-14 CC Regular Meeting Agenda.doc 1 Posted 01-10-14 5. Consent Items. These items consist of non -controversial or "housekeeping" items required by law. Items may be considered individually by any Council member making such request prior to a motion and vote on the Consent Items. a. Approve City Council Minutes for December 10, 2013 Regular Meeting. b. Approve City Council Minutes for December 18,2013 Special Meeting. c. Approve a Resolution approving the final plat of the CVS Addition. (Maurice Schwanke) d. Approve a Resolution setting the dates and times for public hearings on the adoption of Impact Fees. (Maurice Schwanke) e. Review City of Anna Racial Profile Report. (Chief Jenks) f. Review Impact Advisory Committee Minutes of March 3, 2009 meeting. g. Review Impact Advisory Committee Minutes of October 1, 2012 meeting. h. Review Planning and Zoning Commission Minutes of November 4, 2013 Regular Meeting. i. Review Planning and Zoning Commission Minutes of December 2, 2013 Regular Meeting. 6. Consider/Discuss/Action regarding a Resolution approving a Change Order No. 3 to the contract with Quality Excavation for the FM 455 Utility Relocation Project. (Rob Woods) 7. Public Hearing: (1st) For City Council to hear public comment regarding annexation of the following tract: A tract of land in the D. E. W. Babb Survey, ABS A33 generally located east of County Road 418, north of the Collin County Outer Loop and adjacent to the city limits, containing 9.97 acres of land more or less. (Maurice Schwanke) 8. Consider/Discuss/Action on an Ordinance approving the annexation of a tract of land in the Thomas Rattan Survey, ABS A0782 generally located east of County Road 286, West of U. S. 75 and adjacent to the city limits, containing thirty three acres of land more or less. (Maurice Schwanke) 9. Consider/Discuss/Action regarding an Ordinance amending the Anna City Code of Ordinances by amending Part II, Article 8 (Building Regulations), by adding Section 22 establishing times when construction is restricted. (Maurice Schwanke) 10. (a) Public Hearing: To consider public comments on a request by Joe Greer, owner of property, requesting a Specific Use Permit to allow the operation of a re -sale shop service with no outside storage at 505 N Powell Pkwy, the 1. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924- 3325 two working days prior to the meeting so that appropriate arrangements can be made. 01-14-14 CC Regular Meeting Agenda.doc 2 Posted 01-10-14 subject property. The property is currently zoned as C-1 Restricted Commercial. (Maurice Schwanke) (b) Consider/Discuss/Action regarding an ordinance for a Specific Use Permit to allow the operation of a re -sale shop service with no outside storage located at 505 N Powell Pkwy. (Maurice Schwanke) 11. Consider/Discuss/Action regarding a Resolution authorizing an Agreement with the Greater Texoma Utility Authority to fund a water line relocation project. (City Manager) 12. Consider/Discuss/Action regarding and Ordinance amending Section 7.04(f) of the Personal Policy Manual. (City Manager) 13. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code 051.071); b. discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). Tex. Gov't Code 4551.087); proposed retail development. The council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. 14. Consider/Discuss/Action on any items listed on posted agenda for January 14, 2014 Workshop Session or any closed session occurring during this Regular Meeting, as necessary. 15. Adjourn. 1. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924- 3325 two working days prior to the meeting so that appropriate arrangements can be made. 01-14-14 CC Regular Meeting Agenda.doc 3 Posted 01-10-14 This is to certify that I, Natha Wilkison, City Secretary, posted this agenda at a place readily accessible to the public at the Anna City Hall and on the City Hall bulletin board at or before 5:00 p.m. January 10, 2014. Natha Wilkison, City Secretary 1. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924- 3325 two working days prior to the meeting so that appropriate arrangements can be made. 01-14-14 CC Regular Meeting Agenda.doc 4 Posted 01-10-14 y{OFTR} HD11'fETDW N Council Meeting: January 14, 2014 Account Code #: N/A Budgeted Amount:_ AGENDA SUBJECT SUMMARY: RECOMMENDATION: N/A Call to order. Item No. 1 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 1-9-14 Exhibits: ❑ Yes ❑ No y{OFTR} HD11'fETDW N Council Meeting: January 14, 2014 Account Code #: N/A Budgeted Amount AGENDA SUBJECT: SUMMARY: RECOMMENDATION: N/A Item No. 2 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 1-9-14 Exhibits: ❑ Yes ❑ No Invocation and Pledge of Allegiance. y{OETB} HOMETOW N Council Meeting: January 14, 2014 Account Code #: N/A Item No. 3 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 1-9-14 Budgeted Amount: N/A Exhibits: ❑ Yes ❑ No AGENDA SUBJECT: Citizen Comments. Citizens are allowed 3 minutes to speak. The Council is unable to respond to or discuss any issues that are brought up during this section that are not on the agenda, other than to make statements of specific factual information in response to a citizen's inquiry or to recite existing policy in response to the inquiry. SUMMARY: RECOMMENDATION: y{OETB} HOMETOW N Council Meeting: January 14, 2014 Account Code #: N/A Budgeted Amount N/A Item No. 4 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 1-9-14 Exhibits: ❑ Yes ❑ No AGENDA SUBJECT: Receive reports from Staff or the City Council about items of community interest. Items of community interest include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen (but not including a change in status of a person's public office or public employment); a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. YiUUR} 1114M ETOVITN Council Meeting: January 14, 2014 Account Code #: N/A Budgeted Amount: N/A Item No. 5 a - i City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 1-9-14 Exhibits: ❑ Yes ❑ No AGENDA SUBJECT: Consent Items. These items consist of non -controversial or "housekeeping" items required by law. Items may be considered individually by any Council member making such request prior to a motion and vote on the Consent Items. a. Approve City Council Minutes for November 12, 2013 Regular Meeting. b. Approve a Resolution approving the Quarterly Investment Report. (Clayton Fulton) c. Approve a Resolution approving An Agreement for the Annual Audit. (Clayton Fulton) d. Approve a Resolution approving ILA with Collin County for Animal Control Services amendment. (Chief Jenks) e. Approve a Resolution approving ILA with Collin County for Animal Shelter Services amendment. (Chief Jenks) £ Approve a Resolution regarding approval of "Dickschat Addition" Development Plat. (Maurice Schwanke) g. Approve a Resolution regarding approval of "Martinez Addition" Final Plat. (Maurice Schwanke) h. Approve a Resolution regarding approval of "Anna Crossing PH IA & 1B" Preliminary Plat. (Maurice Schwanke) i. Review P & Z Minutes of October 7, 2013 Regular Meeting. j. Approve a Resolution authorizing approval of an Agreement with the Greater Anna Chamber of Commerce for the Anna Centennial Celebration. (City Manager) RECOMMENDATION: Staff recommends approval of the consent items. Minntpc of CITY OF ANNA AGENDA NOTICE - CITY COUNCIL WORKSHOP December 10, 2013 6:30 p.m. — Anna City Hall Administration Building The City Council of the City of Anna met in Workshop Session at 6:30 p.m., December 10, 2013, at the Anna City Hall Administration Building, located at III N. Powell Parkway (Hwy 5), regarding the following items: 1. Call to Order. Mayor Mike Crist called the meeting to order at 6:30 pm. 2. Roll Call and Establishment of Quorum. Mayor Mike Crist and Council Members James T. Cook, Lauren Lovato, Chad Barnes, Nathan Bryan and Dick Dowd were present. Council Member John Hopewell was absent. 3. Briefing/Discussion regarding Residential Certificate of Occupancy regulations. (City Manager) Philip Sanders, City Manager presented the item to council. Ty Chapman with Bureau Vertias was present and spoke to council regarding residential certificate of occupancy regulations and answered questions. Council Member Barnes made the motion to enter closed session 7:10 pm. Council Member Dowd seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 4. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code 551.071); b. discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code 051.072); land on CR 427. c. discuss or deliberate personnel matters: City Secretary Annual Review/Update; City Manager Annual Review. (Tex. Gov't Code 55� 1.074). 12-10-13 CC Workshop Meeting Minutes.doc 1 12-10-13 d. discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code 55� 1.087); proposed mixed use development; education technology business. The council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. Mayor Crist made the motion to return to open session at 7:35 pm. Council Member Bryan seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 5. Consider/Discuss/Action on any items listed on posted agenda for December 10, 2013 City of Anna City Council Regular Meeting or any Closed Session occurring during this Workshop, as necessary. Mayor Crist made the motion to take no action. Council Member Bryan seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 6. Adjourn. Mayor Crist made the motion to adjourn at 7:36 pm. Council Member Bryan seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 ATTEST: APPROVED: Natha Wilkison, City Secretary Mike Crist, Mayor 12-10-13 CC Workshop Meeting Minutes.doc 2 12-10-13 MINUTES OF CITY OF ANNA AGENDA NOTICE — CITY COUNCIL REGULAR MEETING December 10, 2013 7:30 p.m. — Anna City Hall Administration Building The City Council of the City of Anna met in Regular Session at 7:30 p.m., December 10, 2013, at the Anna City Hall Administration Building, located at 111 North Powell Parkway (Hwy 5), to consider the following items. Welcome to the City Council Meeting. Please sign the Sign -In -Sheet as a record of attendance. If you wish to speak on an open -session agenda item please fill out the Opinion/Speaker Registration Form and turn it in to the City Secretary before the meeting starts. 1. Call to order. Mayor Crist called the meeting to order at 7:36 pm. 2. Invocation and Pledge of Allegiance. Mayor Crist recognized the variety of ways that Christmas would be celebrated and we had a moment of silence. 3. Citizen comments. Citizens are allowed 3 minutes to speak. The Council is unable to respond to or discuss any issues that are brought up during this section that are not on the agenda, other than to make statements of specific factual information in response to a citizen's inquiry or to recite existing policy in response to the inquiry. None 4. Receive reports from Staff or the City Council about items of community interest. Items of community interest include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen (but not including a change in status of a person's public office or public employment); a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. Philip Sanders, City Manager recognized employees responding to bad weather situations. Dec 14th the Anna Christmas Parade and Celebration from 10 am to 4 pm. December 23rd no City Council meeting. Next City Council Meeting January 14, 2014. 12-10-13 CC Regular Meeting Minutes.doc 1 12-10-13 5. Consent Items. These items consist of non -controversial or "housekeeping" items required by law. Items may be considered individually by any Council member making such request prior to a motion and vote on the Consent Items. a. Approve City Council Minutes for November 12, 2013 Regular Meeting. b. Approve a Resolution approving the Quarterly Investment Report. (Clayton Fulton) c. Approve a Resolution approving An Agreement for the Annual Audit. (Clayton Fulton) d. Approve a Resolution approving ILA with Collin County for Animal Control Services amendment. (Chief Jenks) e. Approve a Resolution approving ILA with Collin County for Animal Shelter Services amendment. (Chief Jenks) f. Approve a Resolution regarding approval of "Dickschat Addition" Development Plat. (Maurice Schwanke) g. Approve a Resolution regarding approval of "Martinez Addition" Final Plat. (Maurice Schwanke) h. Approve a Resolution regarding approval of "Anna Crossing PH 1A & 113" Preliminary Plat. (Maurice Schwanke) i. Review P & Z Minutes of October 7, 2013 Regular Meeting. j. Approve a Resolution authorizing approval of an Agreement with the Greater Anna Chamber of Commerce for the Anna Centennial Celebration. (City Manager) Council Member Bryan made the motion to approve. Mayor Crist seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 6. Consider/Discuss/Action adopting a Resolution directing the publication of notice of intention to issue combination tax and revenue certificates of obligation for waterworks and sewer system improvements and resolving other matters relating to the subject. (Clayton Fulton) Clayton Fulton, Director of Finance presented the item to council and answered questions. Clayton Fulton introduced Andre Ayala with First Southwest who gave a financial summary and update and gave a proposed schedule of events for the Combination Tax and Revenue Certificates of Obligation, Series 2014. Mayor Crist made the motion to approve. Council Member Cook seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 12-10-13 CC Regular Meeting Minutes.doc 2 12-10-13 7. Public Hearing: (2nd) For City Council to hear public comment regarding annexation of the following tract: A tract of land in the Thomas Ratton Survey, ABS A0782 generally located east of County Road 286, West of U.S. 75 and adjacent to the city limits, containing thirty-three acres of land more or less. (Maurice Schwanke) Maurice Schwanke, Director of Planning and Development presented the item to council. Mayor Crist opened the public hearing at 7:42 pm. There was no comment. Mayor Crist closed the public hearing at 7:42 pm. 8. (a) Public Hearing: To consider public comments on a request by Porter Cameron, owner of property, to changed zoning from Single Family Residential (SF1) to Restricted Commercial (Cl) zoning to allow for commercial uses. The property is located at 811 N Powell Pkwy. (Maurice Schwanke) Maurice Schwanke, Director of Planning and Development presented the item to council and answered questions. Mayor Crist opened the public hearing at 7:43 pm. There was no public comment. Mayor Crist closed the public hearing at 7:44 pm. (b) Consider/Discuss/Action regarding an ordinance, to change the zoning from Single Family Estates (SF-E) to Restricted Commercial (Cl) to allow for commercial uses. The property is located at 811 N Powell Pkwy. (Maurice Schwanke) Mayor Crist made the motion to approve. Council Member Bryan seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 9. Consider/Discuss/Action regarding a Resolution establishing the dates, times, and places for public hearings for the annexation of a tract of land in the D.E.W. Babb Survey, ABS A33 generally located east of County Road 418, north of the Collin County Outer Loop and adjacent to the city limits, and containing 9.97 acres of land more or less. (Maurice Schwanke) Maurice Schwanke presented the item to council and answered questions. Mayor Crist made the motion to approve. Council Member Bryan seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 10. Consider/Discuss/Action regarding a Resolution approving an Economic Development Agreement with Empower Training Centre. (Jessica Perkins) 12-10-13 CC Regular Meeting Minutes.doc 3 12-10-13 Jessica Perkins, Assistant to the City Manager presented the item to council and answered questions. Council Member Bryan made the motion to enter closed session at 7:50 pm. Council Member Dowd seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 Mayor Crist made the motion to return to open session at 8:06 pm. Council Member Bryan seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 Council Member Bryan made the motion to approve. Mayor Crist seconded the motion. Motion passes. AYE 4 NAY 2 (CM Cook and Dowd) ABSTAIN 0 Council Member Bryan made the motion to enter closed session at 8:41 pm. Council Member Barnes seconded the motion. Motion passes. 11. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code 551.071); b. discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code 4551.072); land on CR 427. c. discuss or deliberate personnel matters: City Secretary Annual Review/Update; City Manager Annual Review. (Tex. Gov't Code 554 1.074). d. discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code 12-10-13 CC Regular Meeting Minutes.doc 4 12-10-13 551.087 ; proposed mixed use development; education technology business. The council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. Council Member Cook made the motion to return to open session at 10:24 pm. Mayor Crist seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 12. Consider/Discuss/Action on any items listed on posted agenda for December 10, 2013 Workshop Session or any closed session occurring during this Regular Meeting, as necessary. Mayor Crist made the motion to take no action. Council Member Bryan seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 13. Adjourn. Council Member Bryan made the motion to adjourn at 10:25 pm. Council Member Cook seconded the motion. Motion passes. AYE 6 NAY 0 ATTEST: Natha Wilkison, City Secretary Mike Crist, Mayor 12-10-13 CC Regular Meeting Minutes.doc 5 12-10-13 MINUTES OF CITY OF ANNA AGENDA NOTICE — CITY COUNCIL SPECIAL MEETING December 18, 2013 6:30 p.m. — Anna City Hall Administration Building The City Council of the City of Anna met in Special Session at 6:30 p.m., December 18, 2013, at the Anna City Hall Administration Building, located at III North Powell Parkway (Hwy 5), to consider the following items. 1. Call to Order. Mayor Mike Crist called the meeting to order at 6:31 pm. Mayor Mike Crist and Council Members James T. Cook, Lauren Lovato, John Hopewell, Chad Barnes, Nathan Bryan and Dick Dowd was present. 2. Consider/Discuss/Action regarding a Resolution approving a Subdivision Improvement Agreement with the Owners of an approximate 634 acre tract of land located in the Grandison Stark Survey, Abstract No. 798. City Manager, Philip Sanders presented the item to council and answered questions. Bobby Samuels with Skorburg Company made a presentation to council and answered questions. Council Member Bryan made the motion to enter closed session at 6:41 pm. Council Member Dowd seconded the motion. Motion passes. I_WA ,61, ill _1.113K"1 V�1', Mayor Crist made the motion to return to open session at 6:48 pm. Council Member Bryan seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 0 Council Member Hopewell made the motion to approve. Council Member Dowd seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 0 Council Member Bryan made the motion to enter closed session at 6:51 pm. Council Member Lovato seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 0 Council Member Lovato left at 7:43 pm. Council Member Barnes made the motion to return to open session at 8:16 pm. Council Member Hopewell seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 12-18-13 CC Regular Meeting Minutes.doc 1 12-18-13 3. Consider/Discuss/Action regarding a Resolution approving the City Manager Annual Review. Mayor Crist presented the item to council. Council Member Cook made the motion to approve. Council Member Bryan seconded the motion. Motion passes. 4. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071); legal issues related to revisions to provisions of Personnel Policy Manual. b. discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). Tex. Gov't Code 4551.087); proposed mixed use development. c. discuss or deliberate personnel matters; City Manager Annual Review. (Tex. Gov't Code §551.074). The council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. 5. Adjourn. Council Member Bryan made the motion to adjourn at 8:17 pm. Council Member Barnes seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 ATTEST: APPROVED: Natha Wilkison, City Secretary Mike Crist, Mayor 12-18-13 CC Regular Meeting Minutes.doc 2 12-18-13 Council Meeting: January 14, 2014 Account Code #: N/A Budgeted Amount: N/A Item No. 5 c City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Maurice Schwanke Date Prepared: 01/08/14 Exhibits: ■Yes ❑ No AGENDA SUBJECT: Approve a Resolution approving the final plat of the CVS Addition. SUMMARY: The CVS final plat has been reviewed and approved by the City Engineer and City Staff. All of the comments have been addressed. PLANNING AND ZONING ACTION: The Planning and Zoning Commission Recommended Approval of the CVS final plat at their January 61h meeting. RECOMMENDED ACTION: Approval of the Resolution approving the Final Plat of the CVS Addition. CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE FINAL PLAT FOR THE "CVS ANNA ADDITION" IN THE AREA GENERALLY LOCATED EAST OF US 75 AND NORTH Of WEST WHITE STREET. WHEREAS, In order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the "City Council") has adopted Part III -A of the Anna City Code of Ordinances ("Subdivision Regulations"); and WHEREAS, the Planning and Zoning Commission has recommended that the City Council approve the CVS Anna Addition Final Plat. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval of Final Plat The City Council hereby approves the CVS Anna Addition final plat attached. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 14" day of January, 2014. I_ri101111M Natha Wilkison, City Secretary Mayor, Mike Crist ABBREVIATION LEGEND LINE TABLE 014E1 eEAvu. dsrulcE L1 L2 SN$2AE IA]'OTxE N51' ISN, L3 Nn`522ly eon 1.4 5602216E 648' L5 STY2a1TE H165' L6 $.b :W28W P.35' L2 SM 5znE 1zor Ut 667'OTMW 10.V1 L9 N12'522 W 17,75' uo Iu m2eE 2.W- LII L12 S02`52YE WT52YR 696' 1974' L13 N0252261V 25M L14 NWEL28E L15 SW28V n63 LI6 SBT INT7 17.W L17 LIN 522 V 199T us rro1`eszl'w 6n' VICINITY MAP Nor TOSOALE V CROSSACCEBS. RRE IA:£ \\ \ flVIILIn FASEV ElR \ 1Bf SEPARATEI':iTRlil"JR) \ \ \ WATER EASEVEID acre msmW+Eun \ 9�;2oti/,p_ ROOD NOTE A.wdlbtz Fz 14 E,IIr F)oWI11m1.a R.'a Vo,Con,ml.l P,IgNo. d3rb5CO1551, G1e3!are2, 2009, NsPro(M)is rr.:An Rw•J2o, K zo �x x -A'e a; ee;xm r<e ro Le c�s'.aa 1ne ozr, a-�� �B cna�,w 6xeda.. TRSHwtlsfa!zrF.%bxs ndlrtyr7lM1Mtlw F'rapzrt; zrt]"or ttx shxW reN�em wll Ml,xefiPm ecOSngw Pactl Nmay. Onrxre xcaaw.s, grea!xfloNs eaa zmi wil oec�r a;W fleoi Ee gtlz msy telrrtreasM ty mammaEa d n_�ra n,ses. Tnseooa sralenanlsrsX nanea�x iantryonme Fatdtte sur. ciar. rQ CURVE TABLE 110. DELTA RADIV5 LEM141H CH.L CH B OI L wRr 1007 I6T2 1481 11'5-b121Y C2 PoiIN IN 2JW 3142 2828 SfT'$ME C3 122'5533' 2001 d20d i515 BS5`3T35Y/ C4 3Yi305 Sl of Sd30 5355 SLV. 12E C5 3VC652' 700) 3101 3155 S75'55'42E C6 IV27 rOW 1523 15N 654-0516'E C] 45'1446' IN 0) T90) PN S25.1455E C6 W'SYW" 3 F. 9J`013J' _b,10 NIL. 22F0 O 2Ii]3 1203 523' WE $21 `551TE V CIO 463541 ....1 2 N 1d v ._136 _N_23_16v/ C1 d9265 2N_._ 5R 1-6 R 519V/ L2 `4DY 2.0l 31A2 288 S1207xV! C13 WNW N0) 3IA2 2828 Edr'S2Y E Cld WCGN NW 31Q 2a26 12 OT 3YE CIS O'fivr 50Mw 20rA 24GD C3TJTOIN 6 Ci6 a 150) 23:6 2121 19 5225VI °cgs FUTURE LOT 2, BLOCK I 25' CRO55 ACCE5$ R3E W0L. rJ' (BY SEPAFATEI STRW'ENT) REVNNOER OF SE"I!:IXE0.'PNB, LT., CC t2,URTJ 10.1s?] 1560 4 344 gy, W', Ire clas I2'CIRF .'343=E _T- � \ I I 1u — Nar07x'E zla s' DR O p ACCESS FASEM1'ENi I 1 DO 15 CRONY EASEVENT GVS ANNA ADDITION g �� osEev :'olf TO'n1lcFlTiER,LP. f.\e?. LOT 1, BLOCK t \ w o o i cc VL�Y2NN)Nl1N]E:0 LMAORES n y 1&1218 ST ELF) V. Pcgnoua sElmerE RRRnNE/Tfl 15 hY \q 6.LTD. prCE5S CCIDNl ]3RXNi1Y.p FA5EVE1C usIUTT FASE4ENI V s3TDrx-a nz2z � 4 J I I � ltm LME13! SBT'OTNW 25132 t} SL'E_2_33_PY_____ ________ \ _Y6TOl ISM 1 —7E. jen5ls of EEAX 6Csl ! 87`07'34" W PRF Tx007264.74' — _ — — — — — \ BvoN _ _ F.M. HIGHWAY 45WHITE oo? ROAD)81.!IXi JPA4CEL2 (VARL49LENiDTH ftIGIR-0F\YAT) CCMNI2092WJ11BRE0 FINAL PLAT CVS ANNA ADDITION LOTS 1, BLOCK 7 BEING L665 ACRES OUT OF THE THOMAS RATTAN SURVEY, ABSTRACT NO. 782 CRY OF ANNA, COLLIN COUNTY, TEAS CITY P1All FIE* e 1 OF 2 YiUUR} 1114M ETOVITN Council Meeting: January 14, 2014 Account Code #: N/A Budgeted Amount: N/A Item No. 5 (d) City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Maurice Schwanke Date Prepared: 01/08/14 Exhibits: ■Yes ❑ No AGENDA SUBJECT: Approve a Resolution setting the dates and times for public hearings on the adoption of Impact Fees. SUMMARY: As part of the requirements of Section 395 of the Local Government Code concerning the adoption of Impact Fees the City Council is required to hold a public hearing. The City is anticipating holding the public hearing on February 25th of 2014. The Cities Impact Fee Advisory Committee is currently reviewing the Land Use Assumptions for Roadway Impact Fees, Land Use Assumptions for Water and Sewer Fee Update, Roadway Impact Fee Capital Improvement Plan, Water and Sewer Impact Fee Capital Improvements Plan as part of the process. They will be providing the Council their results and recommendations. This process established by the Local Government Code is required every 5 years if a city has impact fees or is planning on adopting impact fees. RECOMMENDED ACTION: Set the Public Hearing for Impact Fees. CITY OF ANNA RESOLUTION NO. Roadway Impact Fees CIP, and Water and Sewer Impact Fee Update. A RESOLUTION ESTABLISHING THE DATES, TIMES, AND PLACES FOR PUBLIC HEARINGS FOR ROADWAY IMPACT FEES CIP AND WATER AND SEWER IMPACT FEE UPDATE. WHEREAS, The City has adopted Water and Sewer Impact Fees in the Past; and WHEREAS, The City may wish to adopt Roadway Impact Fees; and WHEREAS, The State of Texas Local Government Code Section 395 has outlined the procedures for Impact Fee Adoption; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA THAT Section 1. The City Council of the City of Anna hereby proposes to conduct an update to the Water and Sewer Impact Fees, and establish Roadway Impact Fees. Section 2. Public hearing regarding the proposed Update to the Water and Sewer Impact Fees are hereby scheduled as follows: Public Hearing — February 25th, 2014 at 7:30 p.m. at the Community Room, Anna City Hall Administration Building, 111 N. Powell Pkwy, Anna, TX Public hearing regarding the proposed Roadway Impact Fees CIP is hereby scheduled as follows: Public Hearing — February 25th, 2014, at 7:30 p.m. at the Community Room, Anna City Hall Administration Building, I I I N. Powell Pkwy, Anna, TX PASSED by the following vote of all members of the City Council as present on this the 14th day of January, 2014. AYES NAYS ABSTENTIONS ATTEST: APPROVED: City Secretary, Natha Wilkison Mike Crist, Mayor Anna, TX PD CONFIDENTIAL 1/1/2013 - 12/31/2013 Racial Profile Tier 1 HB3389 PLEASE NOTE: The official form does not allow for Other and Unknown in the Race or Ethnicity boxes on the TCLEOSE website. Please contact TCLEOSE for instructions on how to resolve these issues for 2012. This report only includes traffic stops resulting in a citation, traffic stops resulting in a citation with an arrest, traffic stops resulting in a warning with an arrest and field interviews that resulted in an arrest. Number of Motor Vehicle Stops 757 Citations only 0 Arrest only 45 Citations and Arrests 4. 802 Total Race or Ethnicity 60 African 6 Asian 585 Caucasian 143 Hispanic 1 Middle Eastern 7 Native American 0 Other 0 Unknown 11. Race or Ethnicity known prior to stop? 131 Yes 671 No Search conducted? 60 Yes 742 No Was search consented? 14 Yes 46 No 802 Total 14. 802 Total 17. 802 Total 20. 60 Total Report Created: 1/6/2014 3:05:19 PM 1 of 1 Powered by: 4+, brazos MINUTES Impact Advisory Committee Regular MEETING March 3, 2009 The Impact Advisory Committee of the City of Anna held its regular meeting on Tuesday, March 3, 2009, at 6:00 p.m., at the Community Room of the Anna City Hall Administration Building located at I I I North Powell Parkway (Hwy 5), to consider the following items. 1. Call to order and establishment of quorum. The meeting was called to order at 6:10 p.m. by Nancy Pennington. Members present were Nancy Pennington, David Woods, Marc Hendricks, Bently Powell, Joe Osborn, Mike Green, J. W. Finley and Tim Bates. Staff present was Maurice Schwanke and Tana Ross. 2. Citizen comments and/or other presentations. There were no citizen comments and/or other presentations. 3. Discussion — Impact Fees a. Review of yearly report for 2007 and 2008 b. Land use Assumptions b. Capital Improvements Mr. Schwanke gave a presentation regarding the above items. The Impact Advisory Committee is required under State Law to meet yearly to report on the progress of the capital improvements plan and report to the City Council any perceived inequities in the implementing the plan or imposing the impact fee, and advise the City Council of the need to update or revise the land use assumptions, capital improvements plan, and impact fee. The Impact Fee Advisory Committee by Ordinance Numbers 242-2005 and 324-2007 establishes the Planning and Zoning Commission as the Impact Fee Advisory Committee with the addition of one member being from the Extra Territorial Jurisdiction (ETJ) and one member that represents' the real estate, or developer, or building industry if one does not exist on the Planning and Zoning Commission. At this time Gary Billups is the member from the ETJ and Tim Bates is the member from the real estate/developer/building industry. No action taken. 4. Discussion/Action - Report to City Council A motion was made by Marc Hendricks to recommend to council the following recommendations: 1) Water meter sizes of 1.5" and 3" are removed from the schedule since they are odd sizes not used in the City. 2) That the land use assumptions be reevaluated after the Citizen Land Use Master Plan Advisory Update Committee finishes their project. Impact Advisory Committee Agenda 03-03-09.doc Page 1 of 2 03-03-09 3) That the Impact Fee Water/Wastewater Equivalency Table remain the same until such time the Land Use Assumptions can be reevaluated and the Capital Improvement Plan be revisited. Mr. Osborn seconded the motion, which passed by the following vote: 8 aye 0 nay 0 abstained 5. Adjourn. There being no further business, a motion was made by Mr. Hendricks, seconded by Mr. Finley to adjourn meeting. The meeting was adjourned at 6:41 p.m. Maurice Schwanke Director of Planning & Development ATTEST: Impact Advisory Committee Agenda 03-03-09.doc Page 2 of 2 03-03-09 IMPACT ADVISORY COMMITTEE MEETING October 1, 2012 The Impact Advisory Committee of the City of Anna held a meeting on Monday, October 1, 2012 at 7:30 p.m. at the Community Room of Anna City Hall Administration Building, located at 111 North Powell Parkway (Hwy 5), to consider the following items. 1. Call to order and establishment of quorum. The meeting was called to order at 7:30 p.m. By Justin Burr. Members present were Sandy Setliff, Brandi Pitcox, Jennifer Strange, Justin Burr, Rick Skotzke, Darrin Colombo and GaryBillups. Staff present was Maurice Schwanke and Tana Ross. 2. Approve a Resolution determining not to update land use assumptions, capital improvement plan or impact fees and directing publication of notice of same. Mr. Schwanke gave a presentation. He noted that periodically, the City is required to review our impact fees and makes a determination regarding the need to update the fees and studies upon which the fees are based. The city does not plan to update the supporting studies during this current review period, but will recommend an update during the next fiscal year. In order to meet the requirements in state law for the current review period, Staff recommends approval of the attached Resolution determining not to update land use assumptions, capital improvements plan, or impact fees and directing publication of notice of same. Approval of the Resolution does not in any way restrict our ability to update the impact fees and associated studies at any time in the future. A motion was made by Mr. Colombo and second by Mr. Skotzke to approve the resolution. The vote was unanimous. 3. Adjourn There being no further business, a motion was made by Ms. Setliff, seconded by Ms. Strange to adjourn meeting. The meeting adjourned at 7:38 p.m. Maurice Schwanke Director of Planning and Development ATTEST: (-mpact Advis4y Committee Agenda 10-01-12.doc Page 1 of 1 10-01-12 MINUTES PLANNING AND ZONING COMMISSION REGULAR MEETING November 4, 2013 The Planning and Zoning Commission of the City of Anna held its regular meeting on November 4, 2013, at 7:00 p.m., at the Community Room of the Anna City Hall Administration Building located at 111 North Powell Parkway (Hwy 5), to consider the following items. Call to order and establishment of quorum. The meeting was called to order at 7:00 p.m. by Co -Chairman Sandy Setlif£ Members present were Sandy Setliff, Tiffany Burleson, Elaine Gothard, John Johnson, Darrin Colombo and Lee Miller. Justin Burr had an excused absent from meeting. Staff present was Maurice Schwanke and Tana Ross. 2. Invocation and Pledge of Allegiance. Mr. Schwanke gave the invocation and led the Pledge of Allegiance. 3. Consider/Discuss/Act on recommendation regarding "Pepper Family Addition" Mr. Schwanke gave a presentation. The development plat is located within the extraterritorial jurisdiction of the City. The tract is in the Mark Roberts Survey, Abstract No. 742, and is 5.886 acres of land located north of County Road 427. The proposed improvements will be to construct a new home on the tract. Mr. Schwanke noted that the plats meet the City of Anna development plat requirements and that Staff recommends approval of the development plat. A motion was made by Mr. Colombo, seconded by Ms. Gothard to approve the development plat. The vote was unanimous. 4. Consider/Discuss/Act on recommendation regarding "Nevil Addition" development plat. Mr. Schwanke gave a presentation and answered questions from the Commission He noted of the following comments and recommendations listed below: 1. The City Water Distribution Plan indicates the need for a water transmission easement along the north edge of the right-of-way line of State Highway 121. Please provide the reservation of a 20' utility easement adjacent to the proposed northern right-of-way line. 2. Please show the existing City Limits location. PZ Minutes 11-04-13.doc Page 1 of 3 11-04-13 3. Please show the proposed State Highway 121 right-of-way information. Information can be obtained from TXDOT. 4. A Surveyor seal needs to be added to the development plat. 5. Note needs to be added to the Development Plat as follows: Prior to any construction (including site grading) in the floodplain a Development Permit from Collin County Engineering must be obtained. A motion was made by Mr. Johnson to approve the development plat with the conditions that the above recommendations be corrected on the plat. Mr. Miller seconded the motion. The vote was 4 ayes 2 nays- Elaine Gothard, Darrin Colombo. Motion to approve carried. 5. a) Public Hearing: To consider public comments on a request by Porter Cameron, owner of property, to changed zoning from Single Family Residential (SF1) to Restricted Commercial (Cl) zoning to allow for commercial uses. The property is located at 811 N Powell Pkwy. The Public Hearing opened at 7:14 p.m. Mr. Schwanke gave a presentation and answered questions from the Commission. The property is currently zoned as Single Family Residential (SF-1). The owner is requesting a zoning change to Restricted Commercial (C1) to allow for commercial uses. The property is located at 811 N Powell Pkwy. An Anna water storage tank with a well is located immediately to the north of the tract. No specific use has committed to the site at this time. The request is in keeping with the Anna Comprehensive Plan. Mr. Schwanke noted that Staff is recommending approval of this request. Porter Cameron, owner of property, was present for meeting and gave a brief presentation regarding his request and answered questions from the Commission. The Public Hearing was closed at 7:17 p.m. (b) Consider/Discuss/Act on recommendation regarding an ordinance, to change the zoning from Single Family Estates (SF-E) to Restricted Commercial (C1) to allow for commercial uses. The property is located at 811 N Powell Pkwy. A motion was made by Mr. Colombo and seconded by Ms. Johnson to approve the zoning request. The vote was unanimous. 6. Consider/Discuss/Act on recommendation regarding annexation of the following tract: A tract of land in the Thomas Ratton Survey, ABS A0782 generally located east of County Road 286, West of U.S. 75 and adjacent to the city limits, containing thirty-three acres (33) of land more or less. Mr. Schwanke gave a presentation regarding the proposed annexation. On December 8tn of 2010 the City Council accepted and approved a three year 43.035/212 development agreement with Mixon Realty Company on 33 acres of Land. Section 5 of the agreement states the following: `By entering into the agreement shall be deemed to have properly filed with the City a petition for voluntary annexation, consenting to voluntary annexation of the Property to be completed upon or after the end of the Term". Mr. PZ Minutes 11-04-13.doc Page 2 of 3 11-04-13 Schwanke noted that it is the recommended of the Staff that the City act on this agreement to ensure protection of land uses adjacent to U.S. 75. A motion was made by Mr. Colombo, seconded by Ms. Burleson to approve the proposed annexation. The vote was unanimous. 7. Consider/Discuss/Act on recommendation regarding annexation of the following tract. A tract of land in the Joseph Schluter Survey, Abstract No. 856 generally located east of Ferguson Pkwy and west of Anna Lake and adjacent to the city limits, containing 3.3 acres of land more or less. The annexation is being initialed by the City. Mr. Schwanke gave a brief presentation. He noted that the sliver of land has been in question as to the ownership for several years. It is part of the area being platted as Lakeview Estates. He also noted that before final platting, this area needs to be incorporated into the City Limits and that staff is recommending approval of this request. A motion was made by Mr. Johnson, seconded by Ms. Burleson to recommend approval of the annexation. The vote was unanimous. 8. Consider action to approve Minutes of the October 7, 2013 Planning and Zoning Commission Meeting. A motion was made by Mr. Colombo, seconded by Mr. Johnson to approve the Minutes of the October 7, 2013 meeting. 9. Adjourn There being no further business, a motion was made by Ms. Gothard, seconded by Ms. Burleson to adjourn meeting. The meeting adjourned at 7:29 p.m. Maurice Schwanke Director of Planning and Development ATTEST: PZ Minutes 11-04-13.doc Page 3 of 3 11-04-13 MINUTES PLANNING AND ZONING COMMISSION REGULAR MEETING December 2, 2013 The Planning and Zoning Commission of the City of Anna held its regular meeting on December 2, 2013, at 7:00 p.m., at the Community Room of the Anna City Hall Administration Building located at 111 North Powell Parkway (Hwy 5), to consider the following items. Call to order and establishment of quorum. The meeting was called to order at 7:00 p.m. by Chairman Justin Burr. Members present were Justin Burr, Sandy Setliff, Tiffany Burleson, Elaine Gothard, John Johnson, Darrin Colombo and Lee Miller. Staff present was Maurice Schwanke and Tana Ross. 2. Invocation and Pledge of Allegiance. Mr. Schwanke gave the invocation and led the Pledge of Allegiance. 3. Consider/Discus/Act on recommendation regarding "Dickschat Addition" Development Plat. Mr. Schwanke gave a presentation. The development plat is located within the extraterritorial jurisdiction of the City. The tract is in the J. C. Neil Survey, Abstract No. 659 and contains 40.298 acres of land located at 11971 County Road 509 and north of Sam Rayburn Freeway. Several proposed improvements are shown on the tract. The following items need to be added at the time of the time of preparation of this report as follows: 1.) A proposed 20' water line easement reservation needs to be added west of the right-of-way reservation for CR 509. 2.) The finished floor elevation for the residential structure needs to be added. 3.) Note stating the following: Prior to any construction (including site grading) in the floodplain a Development Permit from Collin County Engineering must be obtained. Once the above additions have been added the development plat will meet the City of Anna development plat requirements. The Staff recommends approval of the development plat. A motion was made by Mr. Colombo to approve the development plat with the conditions that the above recommendation be corrected on the plat. Ms. Setliff seconded the motion. The vote was unanimous. 4. Consider/Discuss/Act on recommendation regarding "Martinez Addition" Final Plat. Mr. Schwanke gave a presentation regarding final plat. A final plat has been received on approximately two acres of land located in the area generally known as East Fork Estate which has not been platted in the past. The subject property address is 9604 East Fork. PZ Agenda 12-02-13.doc Page 1 of 3 12-02-13 The owner is proposing to build a new home which will also require a Collin County approved septic system. As such a variance to the Subdivision Rules and Regulations requiring the property be connected to the City's wastewater collection system has been applied for as noted on the plat. The Staff is recommending approval of the final plat subject to this variance request. A motion was made by Ms. Burleson to approve the final plat with the conditions of city staff recommendations. Mr. Johnson seconded the motion. The vote was unanimous. 5. Consider/Discuss/Act on recommendation regarding "Anna Crossing PH 1A & 1B" Preliminary Plat. Mr. Schwanke gave a presentation and answered questions from the Commission. A final plat has been received on approximately 41.568 acres of land that is south of County Road Number 422 and east of State Highway Number 5. The owner, Anna Town Center No. 1/BRGT, LTD. is proposing 175 residential lots. A previous preliminary plat was approved, however, significant changes have been made and a new preliminary plat has been submitted. The developer has submitted detailed plans that are being reviewed by the Staff and the City Engineer. The detailed engineering comments for those plans are not part of the preliminary comments but are currently being reviewed and should not impact the face of the plat. The staff has several comments on the property as outlined below: Staff Comments 1. A schedule of Development is needed. 2. Street names need to be provided. 3. An additional street stub needs to be provided to the east and the south. 4. Lot 37, Block A should not be a tract instead of a lot and shall be maintained by a HOA. 5. All common areas shall be maintained by an HOA including the island inside the right-of-way of Street C. 6. Label Temporary dead end streets. 7. Provide curvilinear street calculations. 8. The maximum block length is 800 feet. The staff would support a variance request on this requirement. A note needs to be added to the plat requesting this variance. 9. Barricades will be required at the end of all dead end/street stubs. 10. A masonry fence will be required along the northern property line. 11. A 10' utility easement is required along all street right-of-ways. 12. Include the proposed right-of-ways for all perimeter and offsite streets to be built with phase I. 13. Remove the Typical Pavement Section detail from the face of the preliminary plat. 14. Additional right-of-way between the street shown and the Cunningham tract is needed. Engineer Comments 1. Bearing and distances on the plat do not match the legal description. The acreage on the plat does not match the legal description. 2. Show typical utility easements along right-of-ways and between lots. PZ Agenda 12-02-13.doc Page 2 of 3 12-02-13 A motion was made by Ms. Gothard to recommend approval of the preliminary plat with the conditions that the above recommendations corrected on plat. Mr. Colombo seconded the motion. The vote was unanimous. 6. a) Public Hearing: To consider public comments on a request by Joe Greer, owner of property, requesting a Specific Use Permit to allow the operation of a re -sale shop service with no outside storage at 505 N Powell Pkwy, the subject property. . The property is currently zoned as C-1 Restricted Commercial. The Public Hearing opened at 7:15 p.m. Mr. Schwanke gave a presentation and answered questions from the Commission. The Specific Use Permit request is to allow the operation of a re -sale shop with no outside storage. Ms. Nora Sue Weatherford, the proposed tenant, regarding the facility has noted in her letter of intent that the facility would be used to house used home furnishing, clothing, shoes, antiques, etc. for re -sale. No responses have been received from property owners, located in the affected area. The staff recommends that any approval of this facility should have no outside storage and no outside display. Mr. Joe Greer, owner of property, gave a presentation and answered questions from the Commission. Ms. Brenda Adams, the proposed tenant, gave a presentation and answered questions from the Commission. The Public Hearing closed at 7:39 p.m. (b) Consider/Discuss/Act on recommendation regarding an ordinance for a Specific Use Permit to allow the operation of a re -sale shop service with no outside storage located at 505 N Powell Pkwy. A motion was made by Mr. Burr to approve the zoning request with the recommended conditions by staff that will be no outside storage or display. Ms. Gothard seconded the motion. The vote was unanimous. 7. Consider action to approve Minutes of the November 4, 2013 Planning and Zoning Commission Meeting. A motion was made by Mr. Burr, seconded by Ms. Gothard to approve the Minutes of the November 4th meeting. The vote was unanimous. 8. Adjourn. There being no further business, a motion was made by Ms. Gothard, seconded by Ms. Burleson to adjourn meeting. The meeting adjourned at 7:47 p.m. Maurice Schwanke Director of Planning and Development ATTEST: PZ Agenda 12-02-13.doc Page 3 of 3 12-02-13 Item No. 6 City Secretary's use only Wu City of Anna City Council Agenda Staff Report y{OUR} HOME"WN Council Meeting: Janua . 14, 2014 Staff Contact: Rob Woods Account Code # FM 455 Utility Relocation Project Amount: $76,115.00 Exhibits: X Yes ❑ No AGENDA SUBJECT: Consider/Discuss/Action regarding a Resolution approving Change Order No. 3 to the contract with Quality Excavation for the FM 455 Utility Relocation Project. SUMMARY: On April 251h the City Council approved Change Order No. 1 and Change Order No. 2 on the FM 455 Utility Relocation Project. Change Order No. 3 covers the work associated Slayter Creek Crossing and connections located in multiple locations which will assist in minimizing the roadway closures. The original contract amount was $1,226,676.00 upon the approval of Change Orders No. 1 and 2 the total contract amount was adjusted to $1,453,770.75. The proposed Change Order No. 3 will increase the contract by $76,115.00 and if approved the overall contract amount will be adjusted to $1,529,885.75. The contract was increased by 18.7% with the approval of change orders No. 1 & 2. If approval of Change Order No. 3 is received by council the total increase from the original contract amount will be 24.7%. RECOMMENDATION: Staff recommends approval of the attached Resolution which amends the contract amount to reflect the amount of Change Order No. 3 at $76,115.00. CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO ACT ON THE CITY'S BEHALF IN EXECUTING AND APPROVING AN AMENDMENT TO CHANGE ORDER NO. 3 TO THE CONTRACT WITH QUALITY EXCAVATION, LTD. FOR THE FM 455 UTILITY RELOCATION PROJECT WHEREAS, the amount of Change Order No. 3 is $81,015.00 reflects the modifications to projects as noted in Exhibit 1; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval of Change Order Number 3. The City Council hereby approves the amended Change Order No. 3 to the contract with Quality Excavation, Ltd., attached hereto as Exhibit 1; and authorizes, ratifies and approves the City Manager's execution of same. The City Manager is hereby authorized to execute all documents and to take all other actions necessary to finalize, act under, and enforce the Change Orders. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 14th day of January 2014. ATTEST: APPROVED: Natha Wilkison, City Secretary Mayor, Mike Crist CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 1 Quality Exeaw[!en ATTACHMENT "B" PAYMENT APPLICATION REQUEST FOR CHANGE ORDER PROJECT: FM455 Anna Utility Relocations PROJECT NUMBER OWNER: City of Anna CONTRACTOR: Quality Excavation ENGINEER: Dannenbaum Engineering RFCO 3 ITEM NO. DESCRIPTION OF ITEM QUANTITY THIS CHANGE ORDER UNIT OF MEASURE UNIT PRICE TOTAL CONTRACT AMOUNT INSTALLED THIS PAY PERIOD INSTALLED LAST PAY PERIOD TOTAL INSTALLED TO DATE VALUE INSTALLED TO DATE PERCENTAGE COMPLETED SLAYTER CREEK C04.01 Unclassified Excavation 330 Cy $35.00 $11,550.00 0 0 0.00 $0.00 0.00% C04.02 Trench Safety/ Shoring 1 LS $3,400.00 $3,400.00 0 0 0.00 $0.00 0.00% C04.03 12" HDPE and Fusion 430 LF $40.00 $17,200.00 0 0 0.00 $0.00 0.00% C04.04 HDPE Fittings 2 EA $610.00 $1,220.00 0 0 0.00 $0.00 0.00% C04.05 12" Directional Drilling 430 LF $132.00 $56,760.00 0 0 0.00 $0.00 0.00% W-5 112DR18 -430 LF $35.00 ($15,050.00) 0 0 0.00 $0.00 0.00% W-17 Ductile Iron Fittings -0.5 TN $6,500.00 ($3,250.00) 0 0 0.00 $0.00 0.00% W-22 Concrete Encasement -30 LF $36.00 ($1,080.00) 0 0 0.00 $0.00 0.00% W-23 Stabilized Backfill -785 Cy $25.00 ($19,625.00) 0 0 0.00 $0.00 0.00% SLAYTER CREEK SUBTOTALS $51,125.00 TAP CONNECTIONS IN LIUE OF CLOSURES CO3.01 6X6 tap/ Slv/ Valve 2 EA $3,600.00 $7,200.00 0 0 0.00 $0.00 0.00% CO3.02 8X8 tap/ Slv/ Valve 2 EA $4,900.00 $9,800.00 0 0 0.00 $0.00 0.00% CO3.03 12X12 tap/ Slv/ Valve 3 EA $5,700.00 $17,100.00 0 0 0.00 $0.00 0.00% W13 12" Gate Valve 2 EA $2,200.00 $4,400.00 0 0 0.00 $0.00 0.00% W10 Connect to 12" Water -3 EA $2,270.00 ($6,810.00) 0 0 0.00 $0.00 0.00% W11 Connectto 8" Water -2 EA $1,850.00 ($3,700.00) 0 0 0.00 $0.00 0.00% W12 I Connect to 6" Water -2 EA $1,500.00 ($3,000.00) 0 0 0.00 $0.00 0.00% TAPPING CONNECTIONS1 $24,990.00 TOTAL CHANGE ORDER 3 REQUEST $76,115.00 Council Meeting: January 14, 2014 Account Code #: N/A Budgeted Amount: N/A Item No. 7 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Maurice Schwanke Date Prepared: 01/08/14 Exhibits: ■Yes ❑ No AGENDA SUBJECT: Public Hearing: (1st) For City Council to hear public comment regarding annexation of the following tract: A tract of land in the D. E. W. Babb Survey, ABS A33 generally located east of County Road 418, north of the Collin County Outer Loop and adjacent to the city limits, containing 9.97 acres of land more or less. SUMMARY: The Nelson Concrete Development is located outside the City Limits in the Extra Territorial Jurisdiction adjacent to the Collin County Outer Loop. A major thoroughfare shown on the City's Comprehensive Plan is planned to traverse the site as shown on the attached development plat. The Collin County Outer Loop will be a major Gateway through the City; as such the Land Uses adjacent to the thoroughfare need to be monitored. RECOMMENDED ACTION: Hold Public Hearing. INSTRUCTIONS TO NEWSPAPER: Please publish this Public Hearing notice at the next available date. Please bill the City of Anna. CITY OF ANNA FIRST PUBLIC HEARING ANNEXATION OF TERRITORY The City of Anna will hold a first public hearing on Tuesday, January 14, 2014, at 7:30 p.m. at the Community Room of the Anna City Hall Administration Building located at 111 North Powell Parkway (Hwy 5), Anna, Texas, regarding annexation of the following: A tract of land in the D.E.W. Babb Survey, ABS A33 generally located east of County Road 418, north of the Collin County Outer Loop and adjacent to the city limits, and containing 9.97 acres of land more or less. Additional information regarding the annexation can be secured from the office of the Planning and Development Department, City of Anna, by phone at 972-924-3325, by mail at P. O. Box 776, Anna, TX 75409, or by personal inquiry at the Anna City Hall, Planning and Development Department, 101 N. Powell Parkway, Anna, TX 75409. These public hearings are an opportunity for citizens of Anna and residents/property owners in the affected areas 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 Administration Building, 111 N. Powell Parkway, Anna, TX 75409. Harlan Properties, Inc. Document Number 20121228001650300, O.P.R.C.C.T. ZONINING: PD 323-2007 Planned Development District For Residential Uses 48" PP ----------------------- _ \ PQQt o�Fr�' t�o� / \ / �C.M ,L �I -- II' County - 0� / C I \ e5e \ fib; ` ' g� / // Toll Road Authority 60' PP \ ,/� / \ al Future /� / Document Number I N00°03'S6"W 265.41' I \ / / \ oI • ' - Conorete Bin / 20090504000530520, Metal w wi e. , .... Area 0.P.R.C.C.T. Transmission (Deed: N01'51'22"E 265.36') Line Tower nslswe� \ / \ °i gravel w / / ra e To n Lr /-------------------- j I 14 ------- I \\ \--------- - _ - Parcel No. 13 cl�Parcel No 9 Parcel No. 8" ---------------------- -- --- — - / i 1 d / - --- - \ '----------------- g ---- /• Transformer I o / ravel \ / A 1/2" I.R.F. T-Bar Iron 1 (C.M.) - .- S89"54'14"W 762.65 Fnd. (C.M.)� / 60FmL 11/ Metal Metal S00"49'29"W 9.25'� Storm Grate \ Storm Grate� - N89'51'56"E 206.54' \' a -" 1/2" I.R.F.... .. .. •\STM " � .. ... .. \ •- •• .. S00`49'29"W 15.00 (C.M.) \ \ Radius=2614.00' ' _ Arc Length=555.05' Collin County "Tract 2: Parcel 1" ` \ \ o r n Collin county 1 •' �' Delta=l2 09 58 "Parcel No. 14" o r rr Toll Road Authority S89054'14"W 703.74' \ \ Chrd. Brag: N78 25 50 E Outer Loop "Parcel No. 5" I•. , \ \ Collin County Collin Count Document Number , (Deed: N89°10'00"W) \ Toli\Road Authority Chord=554.01' (variable width right-of-way) Toll Road Authority 20110222000194360, 0.P.R.C.C.T. 1 I DocOment Number Document Number 20090626000800470, 20090626000800480, ' O.P.R.C.C.T. 0.P.R.C.C.T. SURVEYOR'S CERTIFICATE: I 1/2" I.R.F. "Bent" (C.M.)� S00049'29"W 187.80' (Deed: S01 °41'40"W 388 / ,/ / / (Deed. S89 05 04 E 972.89) .6') Remainder of \ \ / �6 Lot 34 \ \ \ \ N00007%51 "E 104.00' ,'/'' / e� o� q�, / CREEKSIDE ACRES PHASE 2 \ S. G. Johndroe, III, \ (Dee N01 °03'09"E) /� �,� Vol. N, P 667, \ Trustee \ / / /' Fo �o QG� /� / Re Lolt e of M.R.C.C.T. Point of Vol. 4891, Pg. 5294, r 0 N89050'36"E 498.751 \ D.R.C.C.T. \ / ��'��� �° �� / Beg'inn1� I v / /� Job Q- / / gravel CREEKSIDE SE 2CRES g (Deed: S89°14'06"E) 1/2" I.R.F. (C.M. ) /�� /� / o Vol. N, Pg. 667, � � / M.R.C.C.T. / Lot 1, Block 1 Remainder of POND � Z1 Ln o U Is AT&T ---- . / 1/2" I.F.F.,/ ---- ----- n---------------------------------------------i 1' DOGumePtoNumber Ltd. v o / 5/(C.M.).F. v /-- --- v (C.M.) / 43491 9 S Ft. R&R Owet \ /--�'-���_ /-----------F tore Limits 2008005/1 R C C 91970, E Lo a V / \�' `>�-_ ' / of Proposed Gravel i 9�96 Acres 7 p O / �� / u N43'08'48'E / , p 0 CD 5/8" I.R.F. 43.04'j / /o't`1. bo N / County Road v v X /� v /i / gravel �4�N >� 0] No. 418 Remainder of 60 2' 5• 20 y9 Owens Properties, Ltd. \ / / R• • , i (gravel drive) I R&R / /'� / ument Number V /' A \ bb guru ,' \\ I \V Billy M. Clay and wife, \ \ Teddie J. Clay \ \ Vol. 2606, Pg. 921, / Z James F. Houston and Patricia WaKfman C.C.F.# 94-00 9986, I / I D.R.C,C.T� \ / /�� /� /� / \ \ / 1/2" LR.F. / \ \ (C.M.) /�' Billy M. Clay and wife, Teddie J. Clay Vol. 2606, Pg. 921, D.R.C.C.T. 1059'38"E 973.01' Doc 00591970, 0 D Ew. � 33 � I C.T. i 4o MB 8.0' x 19.8' vel 1; 0' ,. oti� / �. ®� One Story �%�' ra AV5�a�' STA ----------- ------------------ \ / xe�r�p / �4 Metal Building gravel n� ---------------- 7 \ o e o1 / \ / so" PP /\ o� x�t ��� \ w �1233 4 K / GRAPHIC SCALE 60 0 30 60 120 ( IN FEET ) 1 inch = 60 ft. LEGEND Barbed Wire Fence D4 WV Water Valve N* Wood Fence o WM Water Meter 15, 15, Metal Fence -(�- Fire Hyrdrant e e '° d� Concrete o lcv Irrigation Control Valve -7r--F- Asphalt oco Sanitary Sewer Cleanout Light Standard C)SSMH Sanitary Sewer Manhole F— Guy Wire/Anchor C)STMH Storm Drain Manhole 0 Utility Pole ® GM Gas Meter — -- — Overhead Wires ® GV Gas Valve 240 Vicinity Map (not to scale) La Paloma rn v h o N U ° o_ Keith d Lane U E. Foster Ridge Crossing 3 Qy 3 a° Clay E. Outer Loop SITE a � 6 d U O o U Co. Rd. 417 E Y U 0 T Jtn �O� c c�0 N J KNOW ALL MEN BY THESE PRESENTS: THAT I, Michael B. Arthur, do hereby certify that I prepared this plat from an actual on -the -ground survey of the above described property, and that the corner monuments shown hereon were found or were properly placed under my personal supervision in accordence with the Platting Rules and Regulations of the City of Wylie, Collin County, Texas. OFT� 1S Date: Michael B. Arthur T�kcn� Registered Professional Land Surveyor �_?_ _ _^ _ s_u_ Texas No. 5686 MICHAEL�B. ARTHUR ... �`•; • 5686 S� 9�'�:,ESSI�•'' � COUNTY OF COLLIN )( S U R STATE OF TEXAS )( BEFORE ME, the undersigned, a Notary Public in and for the State of Texas, on this day personally appeared MICHAEL B. ARTHUR, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. WITNESS MY HAND AND SEAL OF OFFICE on this, the day of 2013. NOTARY PUBLIC in and for the State of Texas OWNER'S DEDICATION Being a tract of land situated in the D.E.W. Babb Survey, Abstract No. 33, in Collin County, Texas, and being the remainder of that called 11.26 acre tract of land described by deed to R&R Owens Properties, Ltd., as recorded under Document No. 20080515000591970, of the Official Public Records, of Collin County, Texas (O.P.R.C.C.T.), said tract being more particularly described as follows: BEGINNING at a 1/2" iron rod found at the most westerly northwest corner of said 11.26 acre tract, same being the southwesterly corner of that tract of land described by deed to S. G. Johndroe, III, Trustee, as recorded in Volume 4891, Page 5294, of the Deed Records, of Collin County, Texas (D.R.C.C.T.), same being in County Road No. 418; THENCE North 89°50'36" East, along the southerly line of said Johndroe tract, a distance of 498.75' to a 1/2" iron rod found for the southeasterly corner of said Johndroe tract, some being an "ell" corner of said 11.26 acre tract; THENCE North 00°07'51" East, along the easterly line of said Johndroe tract, a distance of 104.00' to a 1/2" iron rod found for the northeasterly corner of said Johndroe tract, same being the most northerly northwest corner of said 11.26 acre tract, said corner also being in the southerly line of that tract of land described by deed to Billy M. Clay and wife, Teddie J. Clay, as recorded in Volume 2606, Page 921, D.R.C.C.T.; THENCE North 89°59'38" East, along the common line between said Clay and 11.26 acre tracts, a distance of 973.01' to a 1/2" iron rod found for the northeasterly corner of said 11.26 acre tract, same being the southeasterly corner of said Clay tract, said corner also being in the westerly line of Lot 35, of CREEKSIDE ACRES PHASE 2, an addition to Collin County, Texas, as recorded in Volume N, Page 667, of the Map Records, of Collin County, Texas (M.R.C.C.T.); THENCE South 00°49'29" West, along the common line between said CREEKSIDE ACRES PHASE 2 and 11.26 acre tract, a distance of 187.80' to a 1/2" iron rod with a yellow plastic cap stamped "RPLS 5686" set at the most northerly corner of a tract of land known as "Parcel No. 13", a right-of-way dedication for the Collin County Outer Loop, as recorded under Document No. 20090504000530520, 0.P.R.C.C.T.; THENCE along the northwesterly right-of-way line of the Collin County Outer Loop, the following courses and distances: South 72°20'49" West, a distance of 233.49' to a 5/8" iron rod found at the beginning of a curve to the right, having a radius of 2614.00', a central angle of 12°09'58", and a chord which bears, South 78°25'50" West, a chord distance of 554.01'; Thence along said curve to the right, in a southwesterly direction, an arc length of 555.05' to a 1/2" iron rod found in the southerly line of said 11.26 acre tract, same being the northerly line of that tract of land known as "Parcel No. 14, a right-of-way dedication for the Collin County Outer Loop, as recorded under Document No. 20090626000800470, O.P.R.C.C.T.; THENCE South 89°54'14" West, along the southerly line of said 11.26 acre tract, a distance of 703.74' to an "X" set in concrete for the southwesterly corner of said 11.26 acre tract, same being in the aforementioned County Road No. 418; THENCE North 00°03'56" West, along said County Road No. 418, a distance of 265.41' to the POINT OF BEGINNING and containing 9.967 acres of land, more or less. Notes: 1. According to the Flood Insurance Rate Map of Collin County, Texas, Map No. 48085C0160J, Map Revised June 02, 2009, the herein described property is located in Zone "X", described by said map to be, "areas determined to be outside the 0.2% annual chance floodplain". 2. The surveyor has relied on the subject deed shown hereon, with regard to any easements, restrictions, or rights -of -way affecting the above described Property. No additional research regarding said easements, restrictions or rights -of -way has been performed by the surveyor. I.R.F. = Iron Rod Found (C.M.) = Controlling Monument I.R.S. = 1/2" iron rod with yellow plastic cap stamped "RPLS 5686" set M.R.C.C.T. = Map Records, Collin County, Texas D.R.C.C.T. = Deed Records, Collin County, Texas O.P.R.C.C.T. = Official Public Records, Collin County, Texas DEVELOPMENT PLAT NELSON CONCRETE ADDITION Owner : LOT 1, BLOCK 1 R&R Owens Properties, Ltd. 4.586 Acres D.E.W. Babb Survey, Abstract No. 33 Surveyor ty C Collin County, North Texas Surveying, LLC Co , Texas 1515 South McDonald St., Suite 110, McKinney, Tx. 75069 Preparation Date: July 15, 2013 Ph. (469) 424-2074 Fax: (469) 424-1997 1 Lot www.northtexassurveying.com Council Meeting: January 14, 2014 Account Code #: N/A Budgeted Amount: N/A Item No. 8 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Maurice Schwanke Date Prepared: 01/08/14 Exhibits: ■Yes ❑ No AGENDA SUBJECT: Consider/Discuss/Action on an Ordinance approving the annexation of a tract of land in the Thomas Rattan Survey, ABS A0782 generally located east of County Road 286, West of U. S. 75 and adjacent to the city limits, containing thirty three acres of land more or less. SUMMARY: The City has held its required public hearings on this proposed annexation. This annexation is voluntary as per the December 8th of 2010 three year 43.035/212 development agreement with Mixon Realty Company. A service plan for this area is attached. PLANNING AND ZONING ACTION: The Planning and Zoning recommended approval of the annexation at their meeting on November 4, 2013 meeting. The vote was unanimous. RECOMMENDED ACTION: Approval of the annexation. CITY OF ANNA, TEXAS ORDINANCE NO. AN ORDINANCE ANNEXING INTO THE CITY OF ANNA, TEXAS THE HEREINAFTER DESCRIBED TERRITORY ADJACENT TO AND ADJOINING THE CITY OF ANNA, TEXAS, TO WIT: BEING A CERTAIN AREA OF LAND SITUATED IN THE W. S. RATTON LAND SURVEY, ABSTRACT NUMBER A0752 , AND THE JOHN ELLETT LAND SURVEY, ABSTRACT NUMBER A0296, COUNTY OF COLLIN, STATE OF TEXAS; AMENDING THE OFFICIAL CITY MAP; PROVIDING FOR A SERVICE PLAN; REQUIRING THE FILING OF THIS ORDINANCE WITH THE COLLIN COUNTY CLERK; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING FOR SEVERABILITY; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, certain property owners have petitioned the City of Anna to have their property annexed to the City of Anna; and WHEREAS, the City of Anna, Texas ("City") is a home -rule municipality located in Collin County, Texas, created in accordance with the provisions of the Texas Local Government Code and operating pursuant to the enabling legislation of the State of Texas and the City's Home -Rule Charter; and WHEREAS, the City desires to annex into its corporate limits the hereinafter described territory adjacent to and adjoining the City (hereinafter, referenced as the "Territory"), to wit: being a certain area of land situated in the Thomas Ratton Survey, Abstract Number A0782, County of Collin, State of Texas and more particularly described in the attached Exhibit A, which is incorporated herein for all purposes; and WHEREAS, all statutory notice requirements relating to the annexation of the Territory pursuant to Chapter 43 of the Texas Local Government Code have been satisfied; and WHEREAS, two public hearings were conducted in accordance with Section 43.052 of the Texas Local Government Code to consider the annexation of the Territory; and WHEREAS, said public hearings were conducted and held no more than forty (40) days nor less than twenty (20) days prior to the institution of annexation proceedings; and WHEREAS, the City Council of the City of Anna, Texas ("City Council") has determined that it would be advantageous and beneficial to the City, its citizens, and the inhabitants of the Territory, to annex the Territory to the City; and WHEREAS, the City Council has determined that the Territory is adjacent to and adjoins the City; and CITY OF ANNA, TEXAS ORDINANCE NO. PAGE 1 OF 4 WHEREAS, the City Council has investigated, determined and officially finds that no part of the Territory is within the extraterritorial jurisdiction of any other incorporated city or town; and WHEREAS, to the extent that this ordinance would cause an unincorporated area to be entirely surrounded by the City's corporate limits, the City Council has found —and incorporates herein its finding —that surrounding the area is in the public interest; and WHEREAS, a service plan providing for the extension of municipal services into the Territory, which was prepared prior to and made available at the aforementioned public hearings, is attached hereto as Exhibit B and incorporated herein for all purposes; and WHEREAS, all procedures and proceedings related to this ordinance and to the annexation of the Territory have been undertaken and acted upon in accordance with the Texas Open Meetings Act, as applicable; and WHEREAS, after hearing the arguments for and any arguments against the annexation of the Territory, the City Council finds that the Territory should be annexed; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: Section 1. Incorporation of Recitals. The above -stated recitals are incorporated into this ordinance as if set forth in full here for all purposes. Section 2. Territory Annexed. (a) The Territory, described in Exhibit A attached hereto, which is hereby made an integral part of this ordinance, lying adjacent to and adjoining the present corporate boundaries of the City, is hereby added and annexed into the City, and the Territory shall hereafter be included within the corporate boundary limits of the City, and the present boundary limits of the City are altered and amended so as to include the Territory within the corporate limits of the City. (b) From and after the passage of this ordinance, the Territory shall be a part of the City, and, subject to the municipal service plan referenced in Section 4 of this ordinance, the inhabitants thereof shall be entitled to all of the rights, privileges and immunities as all other similarly situated citizens of the City, and shall be bound by all of the ordinances and regulations enacted pursuant to and in conformity with the general laws of the State of Texas. (c) The area excludes any portion of County Road 368 Section 3. Official City Map Amended. CITY OF ANNA, TEXAS ORDINANCE NO. PAGE 2 OF 4 (a) The official map and boundaries of the City's corporate limits are hereby amended so as to include the Territory. (b) The City Manager is hereby directed and authorized to perform or cause to be performed all acts necessary to update the official map of the City to add the Territory hereby annexed as required by law, but any delay in or failure to update such map shall in no way impact or affect the validity of this ordinance or this annexation. Section 4. Municipal Service Plan. The municipal service plan for the Territory, attached hereto as Exhibit B, was submitted in accordance with Chapter 43 of the Texas Local Government Code and is hereby approved as part of this ordinance. Section 5. Filing of Ordinance. The City Secretary is hereby directed to file or cause to be filed a certified copy of this ordinance in the office of the County Clerk of Collin County, Texas, and any other necessary agencies, including the United States Department of Justice. Section 6. Cumulative Repealer. This ordinance shall be cumulative of all other ordinances and shall not repeal any of the provisions of such ordinances except for those instances where there are direct conflicts with the provisions of this ordinance. Ordinances, or parts thereof, in force at the time this ordinance shall take effect and that are inconsistent with this ordinance are hereby repealed to the extent that they are inconsistent with this ordinance. Section 7. Severability. If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or application thereof to any person or circumstance, is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of the Ordinance, and the City Council hereby declares it would have passed such remaining portions of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 8. Engrossment and Enrollment. The City Secretary of the City of Anna is hereby directed to engross and enroll this ordinance by copying the Caption in the minutes of the City Council of the City of Anna and by filing this ordinance in the ordinance records of the City. Section 9. Effective Date. This ordinance shall be in full force and effect from and after its date of passage. PASSED by the City Council of the City of Anna, Texas, this 14t" day of December, 2014, by the following vote of the members of the City Council as present: AYES NAYS ABSTAIN CITY OF ANNA, TEXAS ORDINANCE NO. PAGE 3 OF 4 ATTEST: APPROVED: City Secretary, Natha Wilkison Mayor, Mike Crist CITY OF ANNA, TEXAS ORDINANCE NO. PAGE 4 OF 4 14.496111 "1. 10". Situated in Collin County, Texas and being part of the Thomas Rattan Survey, Abstract No. 782 and being a part of the John Coffman Survey, Abstract No. 197 and being part of a 104.85 acre tract and all of a 3.5 acre second tract conveyed by Wilburn Lewis Mcdcalf and wife Ruby Faye Medcalf to A.W. Powell and wife, Lillian Powell by deed recorded in Volume 426, page 287 of the deed records of Collin County, Texas and being more particularly described as follows: BEGINNING in the South fence line of said 104.85 acre tract and at the Southwest corner of a 12,226 acre tract conveyed to the, State of Texas by deed recorded in Volume 653, page 193 of the deed records of Collin County, Texas, said point also being in the west right-of-way line of U.S. 75; THENCE north 17 degrees 01 minutes east a distance of 163.35 feet with the west right- of-way line of U.S. 75 to a point for comer; THENCE north 08 degrees 29 minutes east a distance of 999.0 feet with the west right- of-way line of U.S. 75 to a point for comer; THENCE north 02 degrees 46 minutes east a distance of 174.67 feet with the west right- of-way line of U.S. 75 to a point for corner; THENCE south 89 degrees 35 minutes west a distance of 1,292.0 feet leaving the west right-of-way of U.S. 75 to a point for comer; THENCE north 01 degrees 05 minutes west a distance of 121.7 feet to a point for comer; THENCE north 72 degrees 00 minutes west a distance of 41.0 feet to a point for comer on the east side of C.R. 286; THENCE south 38 degrees 00 minutes west a distance of 58.0 feet to a point for comer; THENCE south 31 degrees 07 minutes west a distance of 50.0 feet to a point for comer; THENCE south 22 degrees 16 minutes west a distance of 50.0 feet to a point for comer; THENCE south 18 degrees 09 minutes west a distance of 604.75 feet to a point for comer; THENCE south 62 degrees 18 minutes east a distance of 1,579.55 feet to the PLACE OF BEGINNING and containing 33 acres of land more or less. Council Meeting: January 14, 2014 Account Code #: N/A Budgeted Amount: N/A Item No. 9 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Maurice Schwanke Date Prepared: 01/08/14 Exhibits: ■Yes ❑ No AGENDA SUBJECT: Consider/Discuss/Action regarding an Ordinance amending the Anna City Code of Ordinances by amending Part II, Article 8 (Building Regulations), by adding Section 22 establishing times when construction is restricted. SUMMARY: This proposed ordinance sets forth standards for construction starting times and ending times and the days of the week that construction can occur. Currently for infrastructure construction such as the installation of water, wastewater, streets and drainage we have standards. However, our ordinances do not adequately address the building of structures such as houses and commercial buildings. In order to facilitate evening outside enjoyment by residents without the sound of hammering, compressors, cement trucks etc. time limits need to be enacted. The ordinance before you will set the times to be not after 7 pm or before 7 am Monday through Saturday. No construction is allowed on Sunday. Additionally, this ordinance provides for exceptions if approved in writing by the City Manager or his/her designee. A common example of such activity occurs during the summer hours when day time pouring of concrete sometimes does not work well because of the heat. These occurrences are reviewed on a case by case basis. RECOMMENDED ACTION: Approval of the Ordinance CITY OF ANNA, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING THE ANNA CITY CODE OF ORDINANCES BY AMENDING PART II, ARTICLE 8 (BUILDING REGULATIONS), BY ADDING SECTION 22 ESTABLISHING TIMES WHEN CONSTRUCTION IS RESTRICTED; PROVIDING FOR PENALTIES FOR CERTAIN VIOLATIONS OF THIS ORDINANCE NOT TO EXCEED $2,000; PROVIDING FOR SAVINGS, SEVERABILITY, AND REPEALING CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City of Anna, Texas ("the City") has previously adopted ordinances, rules, and regulations governing construction; and WHEREAS, the City Council of the City of Anna seeks to protect and provide for the public health, safety, and welfare, of citizens and the general public within the areas set forth in this ordinance; and WHEREAS, the City Council finds it to be in the best interest of the public to create reasonable times for the construction and remodeling of property, both inside and outside of structures within the City; and WHEREAS, the City of Anna, Texas City Council has investigated and determined that it would be advantageous and beneficial to the City and its citizens to amend Part II, Article 8 (Building Regulations), by inserting Section 22 into The Anna City Code of Ordinances ("Anna Code"), establishing designated times during which construction is not permitted in absence of an emergency or undue hardship, subject to certain exceptions; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The above -referenced recitals are incorporated herein as if set forth in full for all purposes. Section 2. Amendment. In accordance with Part 11, Article 1, Section 9 of the Anna Code, the following amendment is made to Part 11, Article 8 (Building Regulations), by inserting the following language after Section 21: CITY OF ANNA, TEXAS ORDINANCE NO. PAGE 1 OF 4 Section 22. Construction times 22.01 Definitions. For the purposes of this section the following terms have the meanings described below: Construction includes inside or outside new construction, remodeling, rehabilitation, and demolition of a structure; the term also includes any onsite or offsite improvements (including but not limited to grading, excavation, landscaping, paving, and similar activity). Delivery and loading/unloading of materials or equipment is considered "construction" for the purposes of this ordinance if said activities involve use of a forklift, dump truck, back hoe, or other similar heavy equipment. Emergency shall have the same meaning as defined under Article 50, Section 1, of this Code. Utility Service Provider means any person, firm or corporation legally providing electricity, natural gas, telephone, cable television, internet, water, sewer, or any other such item or service for use by the general public. 22.02 Restrictions on times of construction. (a) On weekdays and Saturdays, Construction may not take place after 7:00 p.m. or before 7:00 am. (b) Construction on Sunday is prohibited. (c) Construction in violation of the restrictions created by subsections (a) or (b), above, is declared to be a nuisance if it results in loud and raucous noise occurring inside or within 5,000 feet of the corporate limits of the City of Anna. (d) A culpable mental state is not required for the commission of an offense under this article and need not be proved. Reckless, intentional, or knowing violations of this ordinance may be punished by a fine not to exceed $2,000 per violation. Violations of this ordinance without allegation or proof of any culpable mental state may be punished by a fine not to exceed $500 per violation. It is no defense to prosecution under this section that the person was ignorant of the provisions of this subsection after this ordinance has taken effect. CITY OF ANNA, TEXAS ORDINANCE NO. PAGE 2 OF 4 22.03 Exceptions (a) Permit. Construction may be lawfully conducted outside the times defined by this section if the person performing the work obtains a valid after-hours construction permit issued by the City Manager or his or her designee in writing. To be valid, the permit must identify the persons or entities authorized to perform the Construction, list the dates and times on which Construction may be conducted outside of the times set forth by this section, and briefly describe the type of Construction to be performed. Said permit must be displayed upon demand by any peace officer or City representative. Issuance of permits under this subsection are generally limited to circumstances where compliance with the construction time restrictions set forth in Section 22.02 would result in an undue hardship or when Construction is required due to an Emergency. Determinations of undue hardship shall be made in the discretion of the City of Anna City Manager or his or her designee in accordance with guidelines developed by the City Manager, but exceptions will generally be limited to cases of urgent necessity in the interest of public health and safety. (b) Certain entities exempt. The construction restrictions created by this section shall not apply to the City or county, state, and federal government entities or agents thereof, or to public works projects being performed on behalf of public such entities. Utility service providers may also conduct Construction outside of the restrictions provided by this section if the Construction being performed is to restore or maintain services to existing customers, but shall not be exempt from application of this section for Construction activity to expand services to additional customers or include additional products. (c) Emergency construction. It is a defense to prosecution for a violation of this section that the Construction was necessary to prevent or mitigate an Emergency. (d) Construction in Public Rights -of -Way. This ordinance does not apply to Construction in Public Rights -of -Way when a valid construction permit has been issued for such Construction under Article 50, "Management of Public Rights -of -Way." When this exception applies, the times for Construction shall be as stated under said Article 50, Section 5 of this Code. Section 3. Penalty. Any violation of any of the terms of this ordinance, whether denominated in this ordinance as unlawful or not, shall be deemed a misdemeanor. Any person convicted of any such violation shall be fined in an amount not to exceed $2,000 for each incidence CITY OF ANNA, TEXAS ORDINANCE NO. PAGE 3 OF 4 of violation, or the maximum amount allowed under applicable law or the maximum amount specified for certain types of offenses under this ordinance for each incident. Each violation is considered a separate offense and will be punished separately. Section 4. Savings, Severability and Repealing Clauses. All ordinances of the City in conflict with the provisions of this ordinance are repealed to the extent of that conflict. If any provision of this ordinance shall be held to be invalid or unconstitutional, the remainder of such ordinance shall continue in full force and effect the same as if such invalid or unconstitutional provision had never been a part hereof. The City declares that it would have passed this ordinance, and each section, subsection, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional or invalid. Section 5. Publication of the Caption Hereof and Effective Date. This ordinance shall be in full force and effective from and after its passage and upon the posting and/or publication, if required by law, of its caption and the City Secretary is hereby directed to implement such posting and/or publication. PASSED by the City Council of the City of Anna, Texas, this day of 20 ATTESTED: APPROVED: City Secretary, Natha Wilkison Mayor, Michael Crist CITY OF ANNA, TEXAS ORDINANCE NO. PAGE 4 OF 4 Council Meeting: January 14, 2014 Account Code #: N/A Budgeted Amount: N/A Item No. 10 (a & b) City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Maurice Schwanke Date Prepared: 01/08/14 Exhibits: ■Yes ❑ No AGENDA SUBJECT: a) Public Hearing: To consider public comments on a request by Joe Greer, owner of property, requesting a Specific Use Permit to allow the operation of a re -sale shop service with no outside storage at 505 N. Powell Pkwy, the subject property. The property is currently zoned as C-1 Restricted Commercial. (b) Consider/Discuss/Action regarding an ordinance for a Specific Use Permit to allow the operation of a re -sale shop service with no outside storage located at 505 N Powell Pkwy. SUMMARY: The Specific Use Permit request is to allow the operation of a re -sale shop with no outside storage. Ms. Nora Sue Weatherford, the proposed tenant, intends that the facility be used to house used home furnishing, clothing, shoes, antiques, etc. for re -sale. No responses have been received from property owners, located in the affected area. The staff recommends that any approval of this facility should have no outside storage and no outside display. PLANNING AND ZONING ACTION: The Planning and Zoning Commission recommended approval of the SUP zoning request at their meeting December 2, 2013 with the conditions that there will be no outside storage or display. The vote was unanimous. RECOMMENDED ACTION: Approval of Ordinance Please publish the attached in the legal section of the newspaper at the earliest possible date. Please send tear sheet, publisher's affidavit, and bill to the City of Anna. CITY OF ANNA PUBLIC HEARINGS ON ZONING CHANGES A public hearing will be conducted by the City Council of the City of Anna on Tuesday, January 14, 2014 at 7:30 p.m. at the Community Room of the Anna City Hall Administration Building located at 111 North Powell Pkwy (Hwy 5) Anna, Texas, to hear public comment regarding amendments to the City's Comprehensive Plan, the City's zoning map, and the City's Zoning Ordinance. The public hearing will respectively concern the City Council's consideration of an ordinance described as follows: • AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY'S COMPREHENSIVE PLAN, ZONING MAP, AND ZONING ORDINANCE AND CHANGING THE ZONING OF CERTAIN PROPERTY AS DESCRIBED HEREIN; PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A PENALTY CLAUSE NOT TO EXCEED $2,000 OR THE HIGHEST PENALTY AMOUNT ALLOWED BY LAW, WHICHEVER IS LESS; AND, PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. The Property is currently zoned as C-1 Restricted Commercial. The owner requests a Specific Use Permit to allow the operation of a re -sale shop service with no outside storage on the tract. The property is located at 505 N. Powell Pkwy (Hwy 5). Copies of the rezoning request, including a map of the property generally described above, are available for review during regular office hours at the office of the City Secretary, Anna City Hall, at 111 N. Powell Parkway, Anna, Texas. Written comments on the zoning requests/changes are welcomed and will be accepted until the time of the public hearings and may be presented at the hearings. Speakers at the hearings will be heard according to their order on a listing to be established for such purpose by the City Secretary. CITY OF ANNA, TEXAS ORDINANCE NO. Greer Zoning (Special Use Permit) 505 N Powell Pkwy AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY'S COMPREHENSIVE PLAN, ZONING MAP, AND ZONING ORDINANCE AND APPROVING A SPECIFIC USE PERMIT ON CERTAIN PROPERTIES AS DESCRIBED HEREIN; PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A PENALTY CLAUSE NOT TO EXCEED $2,000 OR THE HIGHEST PENALTY AMOUNT ALLOWED BY LAW, WHICHEVER IS LESS; AND, PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the owner of the property described in Exhibit A attached hereto has requested a Specific Use Permit for said property; and WHEREAS, the Planning and Zoning Commission of the City of Anna and the City Council of the City of Anna have given the requisite notices by publication and otherwise and have held the public hearings as required by law and afforded a full and fair hearing to all property owners generally and to all persons interested in and situated in the affected area and in the vicinity thereof, the City Council of the City of Anna has concluded that the Specific Use Permit be approved 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 granting a Specific Use Permit for the tract described in Exhibit A, attached hereto and made an integral part of this ordinance. The Specific Use Permit shall include the following components: 1. The operation of a re -sale shop service with the following limitations: A. No outside storage or display as an allowable use on the tract. All other provisions of the Restricted Commercial (Cl) District in the existing City of Anna Zoning Ordinance are applicable to the tract and any uses of the tract. Section 2. The official Zoning Map of the City of Anna shall be corrected to reflect the Specific Use Permit 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 and the publication of the caption of said ordinance as the law in such case provides. PASSED by the City Council of the City of Anna, Texas, this 14th day of January, 2014. ATTESTED: APPROVED: City Secretary, Natha Wilkison Mayor, Mike Crist EXHIBIT A EXHIBIT A Situated in Collin County, Texas and being part of the Henry Brantley Survey, Abstract Number 71 and also being part of Lot 1 of the Greer Addition as recorded in The Official Public Records of Collin County Texas in Document Number 20080225010000730 and being more particularly described as follows: BEGINNING at a point that bears north 44 seconds 14 minutes east a distance of 88.1 feet from the most southeast corner of Lot 1 of the said Greer Tract TO THE POINT OF BEGINNING; THENCE continuing north 44 seconds 14 minutes east a distance of 120.3 feet to a point for corner; THENCE south 88 degrees 10 minutes 31 seconds west a distance of 2.3 feet to a point for corner in a non -tangent curve to the right with a radius of 7,689.5 feet a distance of 10.6 feet; THENCE with said curve to the right with a chord bearing north 03 degrees 20 minutes 41 seconds east a distance of 10.6 feet to a point for corner; THENCE north 88 degrees 06 minutes 08 seconds west a distance of 97.0 feet to a point for corner; THENCE south 57 minutes 06 seconds west a distance of 132.7 feet to a point for corner; THENCE south 89 degrees 15 minutes 46 seconds east a distance of 99.2 feet to the POINT OF BEGINNING and containing 0.29 acres plus or minus. LOT 1 136,847 SQ. FT. 3.142 ACRE 97.0' N 88°6'8" W_ radius = 7,689.5 length = 10.6' Chord Bearing = N 3°20'41" E Chord Distance =10.6' 2.3' S 88'10'31" W I PART OF LOT 1 GREER ADDITION 0.29 ACRES k o �I �z O- M WI O N M- �I I HACKBERRYLANE -- ---1 , � w w J (If U 0 w J w 0 Q O U � Q Lo STREET �L 2 W-7 N cn Q o > JTHIRD STREET O p w w O W W oO a a of _ = 3 Lu FOURTH STREET Lu H z FIFTH STREET ui 2 v� RIVE } w Y � ap < J O a SEVENTH STREET F- w w Of H U) U) z CD cr H w w H U) U) z FL U Q d z w Z) O U) Item No. 11 City Secretary's use only Wu City of Anna City Council Agenda Staff Report y{OUR} HOME"WN Council Meeting: Janua . 14, 2014 Staff Contact: City Manager Account Code # Amount: Exhibits: X Yes ❑ No AGENDA SUBJECT: Consider/Discuss/Action regarding a Resolution authorizing execution of an Agreement with the Greater Texoma Utility Authority to fund a water line relocation project. SUMMARY: The surface water supply lined owned by the Greater Texoma Utility Authority (GTUA) and the Collin -Grayson Municipal Alliance (CGMA) supplies treated surface water to the City of Anna during the peak water consumption months of summer. The water line passes under SH 121 in Melissa and will need to be relocated to accommodate the expansion of SH 121 later this year. GTUA has estimated the cost of the relocation at just over $328,000. TxDOT has indicated that 100% of the water line relocation costs will be reimbursed to GTUA after the project is complete. In order to fund the project pending TxDOT reimbursement, GTUA has applied for a bridge loan from the Texas Infrastructure Fund (TIF). The TIF loan will not be approved until the end of March. In order to reduce the potential for water service interruptions during the summer months, GTUA would like to bid the project now and start construction as soon as possible. In order to do that, they need to have funds available to pay the contractor for the work. GTUA is asking the Cities of Anna and Melissa approve a temporary loan of one-half each of the estimated construction price until their TIF loan is approved by the state or until they receive final reimbursement from TxDOT at the conclusion of the project, at which time the cites would be paid back. The City of Anna's share would be $164,094.75. The attached Agreement authorizes the City to loan GTUA one half of the cost of the water line relocation project. RECOMMENDATION: Staff believes that it is important to get this project under construction as soon as possible in order to reduce the potential for water service interruptions during the summer months. Staff recommends approval of the attached Agreement and Resolution. CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO ACT ON THE CITY'S BEHALF IN EXECUTING AN AGREEMENT WITH THE GREATER TEXOMA UTILITY AUTHORITY TO FUND A WATER LINE RELOCATION PROJECT. WHEREAS, the surface water supply lined owned by the Greater Texoma Utility Authority (GTUA) and the Collin -Grayson Municipal Alliance (CGMA) supplies treated surface water to the City of Anna; and, WHEREAS, the water line passes under SH 121 in Melissa and will need to be relocated to accommodate the expansion of SH 121 later this year (the "Project); and, WHEREAS, in order to reduce the potential for water service interruptions during the summer months, GTUA would like to bid the Project now and start construction as soon as possible; and, WHEREAS, in order to bid the Project, GTUA is asking the Cities of Anna and Melissa approve an Agreement that would offer a temporary loan to fund the Project until GTUA is able to secure a loan through the Texas Infrastructure Fund, or until they receive final reimbursement from TxDOT at the conclusion of the Project, at which time the cites would be paid back in full; and, WHEREAS, funds for a temporary loan are available in the City's Utility Fund; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval of Agreement. The City Council hereby approves the Agreement with the Greater Texoma Utility Authority attached hereto as Exhibit 1, and authorizes, ratifies and approves the City Manager's execution of same, subject to final approval by the City Attorney. PASSED by the City Council of the City of Anna, Texas, on this 14t" day of January 2014. ATTEST: APPROVED: Natha Wilkison, City Secretary Mayor, Mike Crist CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 1 CONSTRUCTION FUNDING AGREEMENT THIS CONSTRUCTION FUNDING AGREEMENT ("Agreement") is by and among the City of Melissa Texas ("Melissa"), the City of Anna ("Anna") and the Greater Texoma Utility Authority (the "Authority"), a conservation and reclamation district: WITNESSETH WHEREAS, the Authority, acting pursuant to the Contracts for Water Supply and Sewer Service with the Melissa and Anna, dated April 17, 2006, has issued bonds for the purpose of providing certain water supply facilities in order to store and transport such water within the City; and WHEREAS, the Texas Department of Transportation ("TxDOT") has notified the Authority and the Collin -Grayson Municipal Alliance (CGMA) of their intention to widen State Highway 121; which will require the relocation of the CGMA pipeline in the area where State Highway 121 is adjacent to the CGMA 30" pipeline; ("The Project") and WHEREAS, the parties hereto find it necessary and advisable to enter into this Agreement with respect to the Project to set forth the duties and responsibilities of the respective parties for the implementation and funding of the Project. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein made, and subject to the conditions herein set forth, Melissa, Anna, and the Authority agree as follows: Section 1. FUNDING OF THE PROJECT. The parties agree and understand the costs of the Project, including all professional services, construction costs, equipment costs, direct administrative services, and inspection services are to be paid by the Authority and reimbursed via an agreement between the Authority and TxDOT. All parties understand that the TxDOT is responsible for these costs due to their encroachment on CGMA/GTUA's existing easement. Section 2. PROJECT IMPLEMENTATION. Anna and Melissa agree to commit funds in the amount of $164,094.75 each, prior to the Authority awarding the construction contract. Anna and Melissa agree to deposit funds as needed for the construction of the project to the GTUA/CGMA/121 Construction Account. The Authority agrees to be reimburse all funds provided by Anna and Melissa as funds become available via TxDOT or the State Infrastructure Bank, whichever is sooner, to the Authority. The Authority will receive and segregate the funds received from the City into the GTUA/CGMA/121 Construction Account and to use those funds only for the payment of the direct project costs. The Authority agrees to not Award the construction contract prior to receiving an executed U35 agreement from TxDOT for reimbursement. Section 2. REGULATORY BODIES. This Project Contract shall be subject to all valid rules, regulations, and laws applicable thereto passed or promulgated by the United States of America, the State of Texas, or any governmental body or agency having lawful jurisdiction or any authorized representative or agency of any of them. 859079.03110023012 Section 3. TERM OF AGREEMENT. The term of this Agreement shall be for the period of time to complete the Project. IN WITNESS WHEREOF, the Authority and the City, acting under authority of their respective governing bodies have caused this Agreement to be duly executed in several counterparts, each of which shall constitute an original, all as of the day of 2014 which is the date of this Agreement. GREATER TEXOMA UTILITY AUTHORITY M ATTEST: Secretary, Board of Directors (Authority Seal) President, Board of Directors CITY OF MELISSA, TEXAS In Mayor ATTEST: City Secretary (City Seal) 859079.03110023012 2 CITY OF ANNA, TEXAS M ATTEST: City Secretary (City Seal) 859079.03110023012 Mayor Item No. 12 City Secretary's use only Wu City of Anna City Council Agenda Staff Report y{OUR} HOME"WN Council Meeting: Janua . 14, 2014 Staff Contact: City Manager Account Code # Amount: Exhibits: X Yes ❑ No AGENDA SUBJECT: Consider/Discuss/Action regarding and Ordinance amending Section 7.04(f) of the Personal Policy Manual. SUMMARY: In accordance with Section 4.06 of the Anna Home Rule Charter, I am recommending a minor change to the City's Personnel Policy Manual regarding the assignment of un-used sick leave. This change is recommended pending a more comprehensive review of the City's personnel policies. RECOMMENDATION: Staff recommends approval of the attached Ordinance. CITY OF ANNA, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING SECTION 7.04(f) OF THE CITY OF ANNA PERSONNEL POLICY MANUAL WHEREAS, the City of Anna, Texas ("the City") has previously adopted the City of Anna Personnel Policy Manual ("the Manual"), which describes guidelines and policies for the City's personnel; and WHEREAS, the City of Anna, Texas City Council ("City Council") has determined that the Manual is in need of updating with respect the assignment of un-used sick leave. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The above -referenced recitals are incorporated herein as if set forth in full for all purposes. Section 2. Amendment to Personnel Policy Manual. Section 7.04(f) of the Manual is hereby amended as follows: (f) Accumulation of Sick Leave. Sick leave not used during the year in which it accrues accumulates and is available for use in succeeding years up to a maximum allowable accumulation of one hundred twenty (120) days. Each December 31, any sick leave balance is excess of the maximum is reduced to the maximum without compensation. SiGk leave aGGUMWlated by an employee F�Fti�nay^Y " be ate eterpmJ n1^� o upon written approval of the de CITY OF ANNA, TEXAS ORDINANCE NO. Page 1 of 2 Section 3. Savings, Severability and Repealing Clauses. All ordinances of the City in conflict with the provisions of this ordinance are repealed to the extent of the conflict. If any section, subsection, sentence, clause, or phrase of this ordinance, or its application to a particular set of persons or circumstances, is declared invalid or adjudged unconstitutional by a court of competent jurisdiction, it does not affect the remaining portions of this ordinance, as the various portions and provisions of this ordinance are severable. The City Council, declares that it would have passed each and every part of this ordinance notwithstanding the omission of any part that is declared invalid or unconstitutional. Section 4. Effective Date. This ordinance shall become effective immediately upon adoption. PASSED by the City Council of the City of Anna, Texas, on this the 14th day of January, 2014. ATTEST: Natha Wilkison, City Secretary APPROVED: Mike Crist, Mayor CITY OF ANNA, TEXAS ORDINANCE NO. Page 2 of 2 y{per,} F(OMETOW N Council Meeting: January 14, 2014 Account Code #: N/A Budgeted Amount N/A Item No. 13 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 1-9-14 Exhibits: ❑ Yes ❑ No CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071); b. discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code §551.087); proposed retail development. The council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. YiOUR} HOM ETO W N Council Meeting: January 14, 2014 Account Code #: N/A Budgeted Amount: N/A Item No. 14 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 1-9-14 Exhibits: ❑ Yes ❑ No AGENDA SUBJECT: Consider/Discuss/Action on any items listed on posted agenda for January 14, 2014 Workshop Session or any Closed Session occurring during this Regular Meeting, as necessary. SUMMARY: RECOMMENDATION: YIOUI#,} HOM ETOW N Council Meeting: January 14, 2014 Account Code #: N/A Budgeted Amount: N/A AGENDA SUBJECT: Adjourn. SUMMARY: Item No. 15 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 1-9-14 Exhibits: ❑ Yes ❑ No RECOMMENDATION: Staff recommends a motion to adjourn.