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HomeMy WebLinkAbout2013-01-08 Workshop & Regular Meeting PacketVOUR}HOMETOWN CITY COUNCIL MEETING SIGN IN SHEET DATE: Please sign -in as a record of attendance. All persons desiring to address the council are requested to sign below and fill out an Opinion/Speaker Registration Form. Please hand the Opinion/Speaker Registration Form to the City Secretary prior to the start of the City Council Meeting. NAME M ADDRESS 'p '7 C E q'15 Y{OUR} HOMETOWN CITY OF ANNA AGENDA NOTICE - CITY COUNCIL WORKSHOP January 8, 2013 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 8, 2013, at the Anna City Hall Administration Building, located at 111 North Powell Parkway (Hwy 5), regarding the following items. 1. Call to Order 2. Roll Call and Establishment of Quorum. 3. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071); anticipated litigation with Amazing Solar Solutions; discussion regarding the legal aspects for parks and recreation programs; Anna Melissa ETJ Boundary Agreement. b. discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); purchase of park land and utility easements. 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. 4. Consider/Discuss/Action on any items listed on posted agenda for January 8, 2013 City of Anna City Council Regular Meeting or any Closed Session occurring during this Workshop, as necessary. 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. 01-08-13 CC Regular Meeting Agenda.doc 1 Posted 01-04-13 5. Adjourn. This is to certify that I, Natha Wilkison, City Secretary, posted this agenda at a place readily accessible to the public at the Anna City Hall and on the City Hall bulletin board at or before 5:00 p.m., January 4, 2013. Via?Wi" 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. 01-08-13 CC Regular Meeting Agenda.doc 2 Posted 01-04-13 -,- Y{OURIHOMETOWN CITY OF ANNA AGENDA NOTICE — CITY COUNCIL REGULAR MEETING January 8, 2013 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 8, 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. 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. 0 1 -08-13 CC Regular Meeting Agenda.doc 3 Posted 01-04-13 a. Recognition of Bradshaw and Son. (Councilman Geren) b. Recognition of Anna Fire Department Employees for life saving efforts. (Chief Gothard) 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 Special Minutes of December 10, 2012. b. Approve City Council Special Workshop Minutes of December 14, 2012 and December 15, 2012. C. Approve City Council Regular Minutes of December 18, 2012. d. Approve a Resolution Supporting TCAP Legislative Agenda. (City Manager) e. Approve a Resolution requesting restoration of TPW Parks Grant funding. (City Manager) 6. (a) Public Hearing: To consider public comment on a request by A. B. Roper and Pat Roper, owners of property, requesting a zoning change from Single Family Residential (SFR) to Restricted Commercial (C1) zoning to allow the operation of offices/retail on the tract. The property is located at 413 W. White Street. (Maurice Schwanke) (b) Consider/Discuss/Action adopting an ordinance amending the City's comprehensive plan, zoning map and zoning ordinance and changing the zoning of certain property. The owner(s) is requesting a zoning change from Single Family Residential (SFR) to Restricted Commercial (C1) zoning to allow the operation of offices/retail on the tract. The property is located at 413 W. White Street. (Maurice Schwanke) 7. Consider/Discuss/Action approving the "Roper Addition" final plat. (Maurice Schwanke) 8. Consider/Discuss/Action approving a site plan for the "Roper Addition". (Maurice Schwanke) 9. Consider/Discuss/Action regarding an Ordinance amending the park use fees. (Maurice Schwanke) 10. Consider/Discuss/Action regarding an appointment to serve a two-year term on the Greater Texoma Utility Authority Board of Directors. (City Council) 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. 01-08-13 CC Regular Meeting Agenda.doc 4 Posted 01-04-13 11. Discussion regarding Flag and Logo poles locations and height. (Maurice Schwanke) 12. Discussion/Briefing regarding video security system at city parks. (Chief Jenks) 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 §551.071); anticipated litigation with Amazing Solar Solutions; discussion regarding the legal aspects for parks and recreation programs; Anna Melissa ETJ Boundary Agreement b. discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); purchase of park land and purchase of utility easements; 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 8, 2013 City of Anna Workshop Session or any closed session occurring during this Regular Meeting, as necessary. 15. 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 4, 2013. ` a4a 7/f%Gf J" 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. 0 1 -08-13 CC Regular Meeting Agenda.doc 5 Posted 01-04-13 YOUR} TTOMETOWN Council Meeting: January 8, 2013 Account Code #: N/A Budgeted Amount: N/A AGENDA SUBJECT: Call to order. allUTFUTEMBW RECOMMENDATION: Item No. 1 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 1-3-13 Exhibits: ❑ Yes ❑ No YOUR} IIOMETOWN Council Meeting: January 8, 2013 Item No. 2 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Account Code #: N/A Date Prepared: 1-3-13 Budgeted Amount: N/A Exhibits: ❑ Yes ❑ No AGENDA SUBJECT: Invocation and Pledge of Allegiance. RECOMMENDATION: Y{OUR} HOMETOWN Council Meeting: January 8, 2013 Account Code #: N/A Budgeted Amount: N/A Item No. 3 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 1-3-13 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{OUR} IIOMETOWN Council Meeting: January 8, 2013 Account Code 4: 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: 1-3-13 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. a. Recognition of Bradshaw and Son (Councilman Geren) b. Recognition of Anna Fire Department Employees for life saving efforts. (Chief Gothard) SUMMARY: RECOMMENDATION: WIVITRIM Y(OUnITTOMETOWN Council Meeting: January 8,2013 Account Code #: Budgeted Amount: Item No. _4 (b) City Secretary use only City of Anna City Council Agenda Staff Report Staff Contact: Chief Gothard Exhibits: ❑ Yes ❑ No AGENDA SUBJECT: Recognition of Fire Department employees for life saving efforts. SUMMARY: Fire Department staff responded to a heart attack call on December 15, 2012. The crew performed Advanced Life Support measures and stabilized the victim. I would like to discuss in brief the incident and some statistics and introduce the four crew members and award each member with the Department's Life Saving Award. RECOMMENDATION: YOM HOMETOWN Council Meeting: January 8, 2013 Account Code #: N/A Budgeted Amount: N/A Item No. 5 a —e City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 1-3-13 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 Special Minutes of December 10, 2012. b. Approve City Council Special Workshop Minutes of December 14, 2012 and December 15, 2012. C. Approve City Council Regular Minutes of December 18, 2012. d. Approve a Resolution Supporting TCAP Legislative Agenda. (City Manager) e. Approve a Resolution requesting restoration of TPW Parks Grant funding. (City Manager) RECOMMENDATION: Staff recommends approval of the consent items. MINUTES OF CITY OF ANNA AGENDA NOTICE — CITY COUNCIL SPECIAL MEETING December 10, 2012 7:30 PM — City of Anna Fire Station (Ashmore Room) The City Council of the City of Anna met in Special Session at 7:30 p.m., December 10, 2012, at the City of Anna Fire Station, (Ashmore Room) located at 305 South Powell Parkway (Hwy 5), regarding the following items. 1. Call to Order. Mayor Pro Tem John Geren called the meeting to order at 7:30 pm. 2. Roll Call and Establishment of Quorum. Mayor Pro Tem John Geren and Council Members James T. Cook, John Hopewell, Nathan Bryan and Becky Glover were present. Mayor Mike Crist was absent. 3. Consider/Discuss/Action regarding the terms of annexation development agreements for properties on Slater Creek Road. Council Member Hopewell made the motion to enter closed session at 7:33 pm. Council Member Bryan seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 4. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071); discussion of legal issues related to annexation development agreements. 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 Glover made the motion to return to open session at 8:05 pm. Council Member Hopewell seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 12-10-12 CC Special Minutes.doc 1 12-10-12 Council Member Cook made the motion to extend the Development Agreement to 3 year term and within those three years they will abide by the terms that they have agreed to; the agreements will be signed before the council meeting December 18, 2012; not construct accessory building on their property in excess of 1,000 square feet and all accessory buildings have to be permitted. Council Member Hopewell seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 4. Adjourn. Council Member Hopewell made the motion to adjourn at 8:07 pm. Council Member Cook seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 ATTEST: APPROVED: Natha Wilkison, City Secretary Mayor Pro Tem, John Geren 12-10-12 CC Special Minutes.doc 2 12-10-12 MINUTES OF CITY OF ANNA SPECIAL WORKSHOP CITY COUNCIL MEETING DECEMBER 14, 2012 1:00 P.M. And DECEMBER 15, 2012 8:00 A.M. Tanglewood Resort Hotel and Conference Center The City Council of the City of Anna met in Special Workshop Session at, Friday, December 14, 2012, at 1:00 p. m and Saturday, December 15, 2012 at 8:00 a.m., at Tanglewood Resort Hotel and Conference Center (Portside Room) located at 290 Tanglewood Circle, Pottsboro, TX. to consider the following items. 1. Call to Order Mayor Pro Tem, John Geren called the meeting to order at 1:25 pm on December 14, 2012 and at 8:30 am on December 15, 2012. 2. Roll Call and Establishment of Quorum. On December 14, 2012 Mayor Pro Tem John Geren and Council Members John Hopewell, Nathan Bryan, Becky Glover and Lauren Lovato were present. Mayor Mike Crist and Council Member James T. Cook was absent. On December 15, 2012 Mayor Pro Tem John Geren and Council Members James T. Cook, Lauren Lovato, John Hopewell, Nathan Bryan and Becky Glover were present. Mayor Mike Crist was absent. City Manager, Philip Sanders, City Attorney, Clark McCoy and City Secretary, Natha Wilkison was present. Joe Gonzales with The Management Connection Inc., was present. 3. Strategic Planning Conference: The following items/issues will be discussed. No action will be taken on any item. Discussion at the meeting may be restricted to City Council members and City staff. 1. Presentation and Discussion regarding the development of a multi- year Strategic Plan for the City. Facilitator Joe Gonzales presented the item to council and discussion was held both days regarding the development of a 5 year to 10 year strategic plan for the City. 12-14-12 and 12-15-12 CC Special Workshop Minutes doc 1 12-14-12 and 12-15-12 4. Adjourn. The meeting was adjourned at 4:48 pm on December 14, 2012 and adjourned at 11:15 am on December 15, 2012. ATTEST: Natha Wilkison, City Secretary Mayor Pro Tem, John Geren 12-14-12 and 12-15-12 CC Special Workshop Minutes doc 2 12-14-12 and 12-15-12 MINUTES OF CITY OF ANNA AGENDA NOTICE - CITY COUNCIL WORKSHOP December 18, 2012 6:30 p.m. — Anna City Hall Administration Building The City Council of the City of Anna met in Workshop Session at 6:30 p.m., December 18, 2012, at the Anna City Hall Administration Building, located at 111 North Powell Parkway (Hwy 5), regarding the following items. 1. Call to Order. Mayor Pro Tem John Geren called the meeting to order at 6:35 pm. 2. Roll Call and Establishment of Quorum. Mayor Pro Tem John Geren and Council Members James T. Cook, Nathan Bryan and Becky Glover Were present. Mayor Mike Crist had an excused absence. Council Member Hopewell was absent. 3. Consider/Discuss/Action regarding approving a Resolution canvassing the returns of the City of Anna Run-off Election held December 10, 2012, to fill a Vacancy for City Council, Place 2. (City Council) Council Member Glover made the motion to approve. Council Member Bryan seconded the motion. Motion passes. AYE 4 NAY 0 ABSTAIN 0 4. Administer the Statement of Elected Officer and the Oath of Office and present Certificate of Election to newly elected official. (City Secretary) City Secretary, Natha Wilkison administered the Statement of Elected Officer and the Oath of Office to newly elected Lauren Lovato. 5. Update/Briefing on Buxton study. (Jessica Perkins) Jessica Perkins, Assistant to the City Manager presented the item and introduced Lisa Hill a representative of Buxton. Ms. Hill updated council regarding the marketing study that Buxton has been conducting. Council Member Bryan made the motion to enter closed session at 7:01 pm. Council Member Glover seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 12-18-12 CC Regular Meeting Minutes Am 1 12-18-12 6. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071); anticipated litigation with Amazing Solar Solutions; discussion regarding the legal aspects for parks and recreation programs.. b. discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); purchase of park land and utility easements. The council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. Council Member Bryan made the motion to return to open session at 7:35 pm. Council Member Glover seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 7. Consider/Discuss/Action on any items listed on posted agenda for December 18, 2012 City of Anna City Council Regular Meeting or any Closed Session occurring during this Workshop, as necessary. Council Member Bryan made the motion to take no action. Council Member Glover seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 8. Adjourn. Council Member Cook made the motion to adjourn at 7:35 pm. Council Member Bryan seconded the motion. AYE 5 NAY 0 ABSTAIN 0 ATTEST: APPROVED: Natha Wilkison, City Secretary John Geren, Mayor Pro Tem 12-18-12 CC Regular Meeting Minutes Am 2 12-18-12 1► ilet"0owelI CITY OF ANNA AGENDA NOTICE — CITY COUNCIL REGULAR MEETING December 18, 2012 7:30 p.m. — Anna City Hall Administration Building The City Council of the City of Anna met in Regular Session at 7:30 p.m., December 18, 2012, at the Anna City Hall Administration Building, located at 111 North Powell Parkway (Hwy 5), to consider the following items. Welcome to the City Council Meeting. Please sign the Sign -In -Sheet as a record of attendance. If you wish to speak on an open -session agenda item please fill out the Opinion/Speaker Registration Form and turn it in to the City Secretary before the meeting starts. 1. Call to Order. Mayor Pro Tem John Geren called the meeting to order at 7:40 pm. 2. Invocation and Pledge of Allegiance. Mayor Pro Tem Geren gave the invocation. 3. Citizen comments. Citizens are allowed 3 minutes to speak. The Council is unable to respond to or discuss any issues that are brought up during this section that are not on the agenda, other than to make statements of specific factual information in response to a citizen's inquiry or to recite existing policy in response to the inquiry. None 4. Receive reports from Staff or the City Council about items of community interest. Items of community interest include: expressions of thanks, congratulations, or condolence, information regarding holiday schedules, an honorary or salutary recognition of a public official, public employee, or other citizen (but not including a change in status of a person's public office or public employment); a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. Anna Fire Department will be escorting Santa Clause through neighborhoods. The Christmas Parade was a big hit. City's Christmas party was good. 12-18-12 CC Regular Meeting Minutes Am 3 12-18-12 5. Introduction of Anna Fire Department New Employees. (Chief Gothard) Chief Gothard introduces Cody Hendricks and Chuy Eaton to council. 6. 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 Regular Minutes of November 13, 2012. b. Approve City Council Special Minutes of November 19, 2012. C. Approve City Council Regular Minutes of November 27, 2012. d. Review P & Z Regular Minutes of September 10, 2012. e. Review P & Z Regular Minutes of October 1, 2012. f. Review P & Z Special Minutes of October 22, 2012. g. Review P & Z Minutes of November 5, 2012. h. Approve a Resolution authorizing approval of a Development Agreement with Kim and Ruth Ann Poole. (City Manager) i. Approve a Resolution authorizing approval of a Development Agreement with Robert L Sammons. (City Manager) j. Approve a Resolution authorizing approval of a Development Agreement with Life Fellowship Ministries. (City Manager) k. Approve a Resolution authorizing approval of a Development Agreement with James and Cindy Oglesby. (City Manager) 1. Approve a Resolution authorizing approval of a Development Agreement with Benton and Cheryl Vaughn. (City Manager) M. Approve a Resolution authorizing approval of a Development Agreement with William and Andrea Henry. (City Manager) n. Approve a Resolution authorizing approval of a Development Agreement with Slater Creek Association. (City Manager) o. Approve a Resolution authorizing approval of a Development Agreement with Dean and Michelle Andrews. (City Manager) p. Approve a Resolution authorizing approval of a Development Agreement with Ivah Abraham. (City Manager) q. Approve a Resolution authorizing approval of a Development Agreement with Melinda L. Nelson. (City Manager) r. Approve a Resolution authorizing approval of a Development Agreement with Karen Malinowski. (City Manager) S. Approve a Resolution authorizing approval of an Inter -local Agreement with the City of Melissa to purchase a portion of Anna's minimum take of pay obligation under the GTUA/City of Anna potable water contract. (Clayton Fulton) Council Member Glover made the motion to approve all the consent items except Items j & s. Council Member Bryan seconded the motion. Motion passes. 12-18-12 CC Regular Meeting Minutes .doe 4 12-18-12 AYE 5 NAY 0 ABSTAIN 0 Council Member Bryan made the motion to take no action on item j. Council Member Glover seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 Council Member Cook made the motion to approve item s subject to legal counsel approval. Council Member Bryan seconded the motion. Motion passes. 7. Consider/Discuss/Action regarding making a finding of public interest and adopting an Ordinance regarding the annexation of property located east of Ferguson Parkway (CR 367) south of West White Street and west of Slayter Creek, containing approximately 83.4 acres. (Maurice Schwanke) City Manager, Philip Sanders presented the item to council. Council Member Glover made the motion to annex Life Fellowship Ministry 7.47 acres. Council Member Bryan seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 8. Consider/Discuss/Action regarding an Ordinance repealing and replacing Part III -B (Design Standards) of the Anna City Code of Ordinances. (Maurice Schwanke) Maurice Schwanke, Director of Planning and Development presented the item to council and answered questions. Council Member Glover made the motion to approve. Mayor Pro Tem Geren seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 9. Consider/Discuss/Action regarding a Resolution approving an Advance Funding Agreement for Voluntary Local Government Contributions with the Texas Department of Transportation. (City Manager) City Manager, Philip Sanders presented the item to council and answered questions. Council Member Glover made the motion to approve. Council Member Cook seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 12-18-12 CC Regular Meeting Minutes Am 5 12-18-12 10. Consider/Discuss/Action regarding a Resolution approving a Development Agreement with Anna 31 Retail LP. (City Manager) City Manager, Philip Sanders presented the item to council and answered questions. Council Member Bryan made the motion to approve. Mayor Pro Tem Geren seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 11. Consider/Discuss/Action regarding a Resolution authorizing GTUA to execute a contract with A & M Construction & Utilities, Inc. for the water Well No. 2 Ground Storage Tank Rehabilitation Project. (City Manager) City Manager, Philip Sanders presented the item to council and answered questions. Council Member Cook made the motion to approve. Council Member Glover seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 12. Consider/Discuss/Action regarding an appointment to serve a two-year term on the Greater Texoma Utility Authority Board of Directors. (City Manager) City Manager, Philip Sanders presented the item to council and answered questions. Council Member Bryan made the motion to take no action. Mayor Pro Tem Geren seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 13. Consider/Discuss/Action regarding a Resolution casting a ballot for the Texas Coalition for Affordable Power Board of Directors. (City Manager) City Manager, Philip Sanders presented the item to council and answered questions. Mayor Pro Tem Geren made the motion to cast the ballot for all eight members. Council Member Bryan seconded the motion. Motion passes. 14. Consider/Discuss/Action regarding an appointment to the Board of Adjustment to fill a vacancy, Place 3 and Place 5. (City Council) Mayor Pro Tem Geren made the motion to appoint Mark Montgomery to Place 3 on the Board of Adjustment. Council Member Glover seconded the motion. Motion passes. 12-18-12 CC Regular Meeting Minutes ,doc 6 12-18-12 AYE 5 NAY 0 ABSTAIN 0 15. Discussion regarding Flag and Logo poles locations and height. (Maurice Schwanke) City Manager, Philip Sanders recommended tabling this item until January. Mayor Pro Tem Geren made the motion to table the item. Council Member Bryan seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 Council did not enter closed session at this time. 16. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071); anticipated litigation with Amazing Solar Solutions; discussion regarding the legal aspects for parks and recreation programs. b. discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); purchase of park land and purchase of utility easements; 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. 17. Consider/Discuss/Action on any items listed on posted agenda for December 18, 2012 City of Anna Workshop Session or any closed session occurring during this Regular Meeting, as necessary. Council Member Glover made the motion to take no action. Council Member Bryan seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 18. Adjourn. Council Member Cook made the motion to adjourn at 8:10 pm. Council Member Bryan seconded the motion. Motion passes. 12-18-12 CC Regular Meeting Minutes .doc 7 12-18-12 AYE 5 NAY 0 ABSTAIN ATTEST: Natha Wilkison, City Secretary John Geren, Mayor Pro Tem 12-18-12 CC Regular Meeting Minutes .doe 8 12-18-12 YOUR} HOMETOW N Council Meeting: Account Code # Amount: Item No. 5,(d)_ City Secretary's use only City of Anna City Council Agenda Staff Report January 8, 2013 Staff Contact: City Manager Exhibits: X Yes ❑ No AGENDA SUBJECT: Approve a Resolution Supporting TCAP Legislative Agenda. SUMMARY: The Texas Coalition for Affordable Power (TCAP) was authorized when the Texas Legislature took action to deregulate the state's electricity market in 2001, the Texas Coalition for Affordable Power is a unique alliance of cities and other political subdivisions that have joined together to purchase electricity for their own governmental use. The more than 160 cities and other political subdivisions that comprise TCAP purchase in excess of 1.3 billion kilowatt/hours of power each year, making it the largest coalition of its type in the state. Using the strength of its numbers, TCAP negotiates terms and conditions for electric service that may be unavailable to a single city acting alone. The City of Anna is currently a member of the TCAP cooperative and we purchase much of electricity through a TCAP contract. The Texas Legislature will be meeting next month for its biannual legislative session. The TCAP Board of Directors has approved a legislative agenda and is requesting that is members adopt the attached resolution supporting their legislative agenda. The TCAP legislative agenda favors laws that promote affordable electricity and opposes laws that erode local authority and consumer protections. RECOMMENDATION: Staff recommends approval of the attached Resolution. RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS, ENDORSING CERTAIN LEGISLATIVE ACTION IN THE REGULAR SESSION OF THE 83RD TEXAS LEGISLATURE TO ENHANCE THE COMPETITIVE ELECTRIC MARKET AND SYSTEM RELIABILITY AND TO PROTECT THE TRADITIONAL ROLE OF CITIES IN THE REGULATORY PROCESS WHEREAS, the City of Anna, Texas is a member of Texas Coalition for Affordable Power ("TCAP"), a non-profit political subdivision created by cities throughout Texas to secure affordable electric energy for its members in the deregulated electric market; and WHEREAS, TCAP pools the energy needs of its more than 160 political subdivision members to negotiate favorable prices and contract terms for the purchase of approximately 1.3 billion kilowatt hours annually; and WHEREAS, affordable and reliable power means economic development for the City and a better standard of living for our citizens; and WHEREAS, the City supports legislative initiatives that promote a healthy electric market where competition can flourish and electric customers can save money; and WHEREAS, the City endorses the legislative agenda of TCAP and opposes legislative initiatives that would fundamentally alter the ERCOT energy market or the traditional role of cities in the regulatory process. THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: 1. The Regular Session of the 83rd Texas Legislature be encouraged to preserve the traditional role of cities in the regulatory process, including original jurisdiction and reimbursement of reasonable rate case expenses. 2. The Legislature make no statutory changes that would lead to a reduction in revenues paid by public utilities as franchise fees for rental of public rights-of-way. 3. The Legislature facilitate and encourage public/private partnerships between cities and electric generation developers in creating small-scale (not to exceed 50 MW) power plants capable of rapidly meeting peak power needs. 4. The Legislature recognize that "smart meters" are under-utilized with regard to encouraging and incentivizing reductions in energy consumption during peals periods and that the regulated transmission and distribution utilities which own the "smart meters" be allowed to re-enter the retail electric market to the extent they offer regulated rate plans designed to incent reductions in peak energy consumption. 5. The Legislature preclude foreign ownership of electric distribution assets and make it clear that, notwithstanding any other provision in law, home rule cities, individually or collectively, shall be permitted to own and operate electric distribution assets so long as said cities are not involved in retail sales of electricity. 6. The Legislature resist any efforts to transform the energy -only ERCOT market into a capacity market which would increase the price of electricity by artificially inflating generator profits. 7. The Legislature enhance protections against anti-competitive activities in the wholesale market and require the Public Utility Commission ("PUC") to reform its rules related to Voluntary Mitigation Plans and allow cities and other interested parties to participate in review of such plans. 8. The Legislature mandate that the PUC and market participants provide consumer education regarding the relationship between time of use, cost of energy production and transmission, and the price paid by consumers. 9. The Legislature require the PUC to establish certain uniform products that must be offered by all retail electric providers ("REPs") and to establish new rules governing the powertochoose.org and powertosavetexas.org websites that will better inform retail customers of complaints against REPS and better educate customers regarding the economic and market benefits of reducing demand during peals periods. 10. This resolution shall take effect immediately upon its passage. 11. A copy of this resolution shall be sent to the elected lawmakers representing the City's interests in the Texas House and Senate and to Randolph C. Moravec, Executive Director of TCAP, 15455 Dallas Parkway, Addison, Texas 75001. PRESENTED AND PASSED on this 8th day of January 2013 by a vote of ayes and nays at a regular meeting of the City Council of Anna, Texas. Mayor ATTEST: TheTexas Coalition for Affordable Power Recommendations for a More Competitive Electric Market Because high energy costs can impact municipal budgets and the ability to fund essential services, TCAP, as part of its mission, actively promotes affordable energy policies. Affordable power in a fully competitive market also means economic development for our communities and a better life for our citizens. TCAP members are committed to making electric deregulation work. Maintaining an even playing field for cities Cities have a long history representing consumers in "regulated" rate cases. But big electric companies want to deter cities from exercising any opposition so they can more easily raise rates. TCAP will work hard at the Texas Legislature to protect city authority. Fair Price for Electricity Produced at Home Are rooftop solar panels installed in your community? TCAP supports legislation that will ensure that residential and small commercial customers that produce excess power at their homes or businesses receive a fair price for power they provide the grid. Reduce Confusion in the Retail Electricity Market Texans should have access to standard -language electricity deals. These deals will enhance competition by facilitating apples -to -apples price shopping. ® Texas Coalition- tr for Affordable Power Contact: Randolph (Randy) C. Moravec, PhD, Executive Director - • tcaptx.coin rcmoravec«tcaptx.com - (972) 742-7015 IEItl' . Avoid Changes in the Market that Will Increase Costs Some of the state's generation companies want to receive big payments for power plants, regardless of whether any power is actually generated — and are lobbying hard for changes to make it happen. TCAP will oppose proposals at the Legislature that create unnecessary price supports for generators that circumvent the competitive market and increase electricity costs to consumers. Updating Market Protections in the Lone Star State Where appropriate, anti-competitive behavior prohibited in other states should also be prohibited in Texas.Texas regulators should have the same power to assess penalties as regulators elsewhere. Legal loopholes that exempt some generators from prosecution should be closed. Promote Public -Private Electric Generation Partnerships TCAP wants cities to have the right to pursue small-scale generation projects,just so long as the projects enhance economic development and produce affordable power. Such public-private partnerships also are a cost-effective way to help address the state's long-term generation and reliability challenges. No foreign ownership of electric distribution facilities Texans depend on a complex network of wires to bring power to their homes. With so much at stake, accountability is important. That's why there should be no foreign ownership of local electric distribution networks. When the system fails or bills go up, Texans shouldn't have to call Madrid to complain. Home rule cities — individually or collectively —also should be permitted to own and operate electric distribution networks. Hold Big Generation Companies Accountable for Market Abuses UnderTexas law, big generation companies can obtain advanced regulatory protections against future prosecution for anti-competitive behavior. TCAP supports reforms to ensure that these advanced protections are fair, and don't become "Get Out Of Jail Free"cards for market abusers. 19 Texas Coalition forAffordable Power Contact: Randolph (Randy) C. Moravec, PhD, Executive Director rcmoravec )tcaptx.com • (972) 742-7015 tcaptx.com A Y{OUMHOMETOWN Item No. 5 -Le)_ City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: January 8, 2013 Staff Contact: City Manag_er. Account Code # Amount: Exhibits: X Yes ❑ No AGENDA SUBJECT: Approve a Resolution requesting restoration of TPW Parks Grant funding. SUMMARY: The Texas Parks & Wildlife Department ("TPWD") administers the Texas Recreation & Parks Account Local Park Grant Program ("TRPA") and the Large County and Municipality Recreation and Parks Account (Urban Account) and manages 94 State parks and historical sites in Texas. TPWD has a separate account in their general revenue fund referred to as the TRPA and Urban Account for the purpose of providing matching grants to political subdivisions for parks and recreation projects, and for outreach grants to introduce new populations to outdoor experiences. The matching grants provided by the TPWD are utilized for the planning, acquisition, and development of local park, recreation and open space areas to be owned and maintained by political subdivisions. Many of the amenities in Slayter Creek Park were funded in part through the matching grant program. The TBPA, Urban Account, and State parks are funded from sales tax on sporting goods and the development of new parks stimulates the purchase of sporting goods. The development of parks also encourages and promotes public health, economic development, job creation, education, corporate relocations, improved quality of life, and juvenile crime prevention. During the last legislative session, in an effort to balance the State budget, the Legislature discontinued the matching grant program and diverted the revenue to the State's general fund. RECOMMENDATION: Staff recommends approval of the attached Resolution which requests that the TPW Parks Grant funding be restored. RESOLUTION NO. A RESOLUTION OF THE CITY OF CITY COUNCIL REQUESTING THE MEMBERS OF THE 83rd LEGISLATIVE SESSION OF THE STATE OF TEXAS SUPPORT LEGISLATION THAT INCREASES FUNDING FOR THE TEXAS RECREATION & PARKS ACCOUNT AND LARGE COUNTY AND MUNICIPALITY RECREATION AND PARKS ACCOUNT LOCAL PARK GRANT PROGRAMS, AND THE TEXAS STATE PARK SYSTEM WHEREAS, the Texas Parks & Wildlife Department ("TPWD") administers the Texas Recreation & Parks Account Local Park Grant Program ("TRPA") and the Large County and Municipality Recreation and Parks Account (Urban Account) and manages 94 State parks and historical sites in Texas; and WHEREAS, TPWD has a separate account in their general revenue fund referred to as the TRPA and Urban Account for the purpose of providing matching grants to political subdivisions for parks and recreation projects, and for outreach grants to introduce new populations to outdoor experiences; and WHEREAS, the matching grants provided by the TPWD are utilized for the planning, acquisition, and development of local park, recreation and open space areas to be owned and maintained by political subdivisions; and WHEREAS, funds granted to political subdivisions under the TRPA and Urban Account guidelines have funded 1629 projects of the 3,470 submitted over 30 years delivering over $800 million to the local Texas economy; and WHEREAS, political subdivisions throughout the State of Texas depend on grants from TPWD through the TRPA to stimulate the acquisition and development of parks and recreational areas for the benefit and enjoyment of their citizenry; and WHEREAS, the TRPA, Urban Account, and State parks are funded from sales tax on sporting goods and that the development of new parks stimulates the purchase of sporting goods; and WHEREAS, the maintenance and improvements of State park and historic sites and the addition of new parks is a priority to Texans due to the State's expanding population and extensive tourism industry; and WHEREAS, the development of parks encourages and promotes public health, economic development, job creation, education, corporate relocations, improved quality of life, and juvenile crime prevention; and WHEREAS, funds are needed for major repairs at state parks and for the acquisition and development of parks and facilities; and WHEREAS, it is the desire of this City Council that a copy of this resolution with appropriate names affixed be presented to the Governor of Texas and the leadership of the 83rd Texas Legislature. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TEXAS: 1. That members of the 83rd Legislature of Texas seek passage of legislation maximizing the use of revenue from the sporting goods sales tax to increase funding for parks and recreation programs for both Local and State parks and that all TRPA and Urban Account funded park projects be subject to the established TPWD competitive scoring system. 2. That members of the 83rd Legislature of Texas restore funding to the TRPA and Urban accounts in the amount of at least $15.5 million per year. PASSED AND APPROVED by the December, 2012. ATTEST: City Secretary City Council on this the -day of , Mayor VOUR} IiOMETOWN Council Meeting: January 8, 2013 Account Code #: N/A Budgeted Amount: N/A Item No. & b) City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Maurice Schwanke Date Prepared: 01/03/13 Exhibits: ■Yes ❑ No AGENDA SUBJECT: (a) Public Hearing: To consider public comment on a request by A. B. Roper and Pat Roper, owners of property, requesting a zoning change from Single Family Residential (SFR) to Restricted Commercial (C1) zoning to allow the operation of offices/retail on the tract. The property is located at 413 W. White Street. (b) Consider/Discuss/Action adopting an ordinance amending the City's comprehensive plan, zoning map and zoning ordinance and changing the zoning of certain property. The owner(s) is requesting a zoning change from Single Family Residential (SFR) to Restricted Commercial (C1) zoning to allow the operation of offices/retail on the tract. The property is located at 413 W. White Street. SUMMARY: An application for Restricted Commercial (C-1) zoning has been submitted by A.B. and Pat Roper to change the zoning on a parcel of land they own along West White Street. A part of their property has been purchased by TXDOT and a subsequent utility easement has been secured between the right-of-way and an existing structure on the property. The structure has been recently remodeled to accommodate new uses. This request for "Restricted Commercial" zoning is in conformance with the "Comprehensive Land Use Plan" for the City. As such the Staff is in support of this zoning request. RECOMMENDED ACTION: The Planning and Zoning Commission recommended approval of the zoning request at their meeting Decemberl0, 2012. The vote was unanimous. 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 8, 2013 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 $2,000 OR THE HIGHEST PENALTY AMOUNT ALLOWED BY LAW, WHICHEVER IS LESS; AND, PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. The property is currently zoned as Single Family Residential (SF -1) zoning. The owner(s) are requesting a zoning change to Restricted Commercial (Cl) zoning to allow the operation of offices/retail on the tract. The property is located at 413 W. White St. Copies of the rezoning request, including a map of the property generally described above, are available for review during regular office hours at the office of the City Secretary, Anna City Hall, at 111 N. Powell Parkway, Anna, Texas. Written comments on the zoning requests/changes are welcomed and will be accepted until the time of the public hearings and may be presented at the hearings. Speakers at the hearings will be heard according to their order on a listing to be established for such purpose by the City Secretary. Application for Zoning Change Please check the aDDrODriate box below to indicate the tvDe of reauest you are making, and provide all information required to process your request. El/Zoning Change ® Specific Use Permit ® Planned Development ® Zoning Verification Letter ® Zoning Compliance Inspection ® Site Plan ® NOTE: Failure to obtain final approval on this case within six months may constitute denial or withdrawal of this case by Council or Staff without refund of fees. Fees required for this application established by the City of Anna must be submitted simultaneously with this application for acceptance. ;fie nun `i;300, phis ` 10 per ncve Pin rac=_ d DcvelolAkneni -S500, l lus `; 0 lie rnere 1 ec;i'ir, t3ttsl ;e �i�sir„ ��nisiiEst € in ge tttt i`a- :!sldlll € tying b%cHlicilt€on i'cticr -`.',100 ::zit€', e huh - %27)0 one ncr(! or 1Css''T'304 more d4:m €'r@ie i crc$ ' Request Information Location: q / 3: 6U, C.( h/Y �' S_ liy.5/ K 17S- V et *Subdivision. Lot No. Block No. Size of Request Existing Zoning `=i !— — Requested Zoning/Uset — J *A metes and bounds description must be attached if the request is for: (A) a portion da platted lot or (B) not a platted lot. Applicant/Ow�jer Ini Key Contact , lam" o Address /a 1 G ? ' q� city_4'Y_'<Z'- Contacts Status: (check one) TMI/PD FAX No. Owner Zip Code orf' Email Representative Ll Tenant Ll Prospective Buyer The owner's signature is required on this application and must be notarized, whether a single owner or a corporation. This is to certify that I/We the undersigned, am/are the sole owner(s) of the property described above on the date of this application, and have read and understood the Disclosure of Interest Form attached to this application, and complete same. ; Owner please print er .Alf T K9IAEA.. signature o_ -t Address to `/ jf.-5 Telephone No.g10 lay 3 o FAX No City &&AIX State _1',1_ Zip Code Email Corporation/Partnership/Owner Address CityState. Telephone No. Zip Code Notary Statement (All Signatures Must Be Notarized) Email FAX No. Before me, the undersigned authority, on this day personally appeared _ , �( Ile (owner or agent name) known to me to be the person whose name is subscribed to the above and foregoing instrument and acknowledged to me that he executed the same for the put -poses and consideration expressed and in the capacity therein stated. Given tinder my hand and seal of office on this _�' day of y, SEAL ublic In and for the State of Texas. My Commission Expires: Tana Ross My Commission Expires 06101/2013 CITY OF ANNA a Ia i� red does not own the answered. If the question is A. Do you believe that a City official* or City employee** may have a conflict of interest�in the property or application referenced on the reverse side? Yes No B. If so, state the name of each City official or employee of the City of Anna known by you that may have a conflict of interest in the property or application referenced on reverse side. C. State all information upon which you base the belief (use additional paper, if necessary). I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Anna, Texas, as changes occur. Name of Certifying Person: Title of Certifying Person: h le v Signature of Certifying Person: *Mayor, City Council members, Planning and Zoning Commission members, and Zoning Board of Adjustment members. **City Manager, City Secretary, City Attorney, and all department heads MAHOGANY DRIVE w 0 Q SEQUOIA DRIVE 2 ALDER DRIVE BAMBOO DRIVE Y 1J L Y )COURT WHITE CTDE=c CITY OF ANNA, TEXAS ORDINANCE NO. 413 W. White Street AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY'S COMPREHENSIVE PLAN, ZONING MAP, AND ZONING ORDINANCE AND CHANGING THE ZONING OF CERTAIN PROPERTIES AS DESCRIBED HEREIN; PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A PENALTY CLAUSE NOT TO EXCEED $2,000 OR THE HIGHEST PENALTY AMOUNT ALLOWED BY LAW, WHICHEVER IS LESS; AND, PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the owner of the property described in Exhibit A attached hereto has requested a certain zoning for said property; and WHEREAS, the Planning and Zoning Commission of the City of Anna and the City Council of the City of Anna have given the requisite notices by publication and otherwise and have held the public hearings as required by law and afforded a full and fair hearing to all property owners generally and to all persons interested in and situated in the affected area and in the vicinity thereof, the City Council of the City of Anna has concluded that the Zoning Ordinance of the City of Anna should be amended as follows: NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: Section 1. The Comprehensive Zoning Ordinance of the City of Anna, Texas, is amended by changing the zoning of the tract described in Exhibit A, attached hereto and made an integral part of this ordinance, from Single Family Residential (SF1) to Restricted Commercial (Cl) zoning to allow the operation of offices/retail on the tract. 1. All other provisions of the C1 Restricted Commercial 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 change in zoning described herein. Section 3. All ordinances of the City of Anna in conflict with the provisions of this ordinance are repealed to the extent of that conflict. Section 4. This Ordinance shall take effect immediately from and after its passage and the publication of the caption of said ordinance as the law in such case provides. PASSED by the City Council of the City of Anna, Texas, this day of , 2013. ATTESTED: APPROVED: City Secretary, Natha Wilkison Mayor, Mike Crist Exhibit A ABSTRACT • 798 LOT 1 BLOCK Y(OUTU IiOMETOWN Council Meeting: January 8, 2013 Account Code #: N/A Item No. 7 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Maurice Schwanke Date Prepared: 01/03/13 Budgeted Amount: N/A Exhibits: ■Yes ❑ No AGENDA SUBJECT: Consider/Discuss/Action approving the "Roper Addition" final plat. SUMMARY: The property contained on this final plat is being proposed for rezoning to "C-1" restricted commercial. An access easement is proposed along the east side of the property. A joint driveway has been approved between the subject property and the property to the east where a house has recently been demolished by TXDOT. Additionally, an east -west access easement is proposed parallel to West White Street to provide for cross -access to the adjacent tracts. No public improvements are proposed for this plat by the applicant. RECOMMENDED ACTION: The Planning and Zoning Commission recommended approval of the zoning request unanimously at their meeting Decemberl0, 2012. off$ $ °& s ;$Eos u4f a $ `yA` s°'3 V. �•g��� ^W 6, ERRS _ aH I 5'�5 x5� gSs - 6 w F -1i ago: �e ss�e $ e; c aS�o oeg F a'(� 411� 'ESC g:gs ekoga g rs 5 g€2.s g rEll $ g $gEg gpa� = 5!A$ `q $�$ggg o� a°€; : C Sg,'{• o e ;9 C SU 3 -P o °° ge FS�a ageon„ R1.1g q & Elk d 34 rur $hij E SSp E_ a €-ggg'`€ $ a 9 Eg=g a H� as g Et m ?'� a �• P �tlio � R S � IE El Gn ° gu "S °y�4r� �J gSho ESif u 1 t ik! 1 �� I �q i I Zq�,B$�yq 1sNLLn '3AY A3 1a3i5 #� awairoa iwa I 39A' z r AIL LL--�.2CAE.-GS pwga���� 133a1S SM99la Ic I �"/ 133a1s Nreena3un fLEN�---�, y I ' � gel S AYNppI 31Y15 d� �, I � },I F� AYAMayd 'i13/Ipa IA I ai i �I Wi� I q�q w ? . °� g ■�� r LLQ I I o Sa I ]6 u I a �e OR ES 9y� dno. I Ell h �m �G Yount r5mETowN Council Meeting: January 8, 2013 Account Code #: N/A Item No. 8 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Maurice Schwanke Date Prepared: 01/03/13 Budgeted Amount: N/A Exhibits: ■Yes ❑ No AGENDA SUBJECT: Consider/Discuss/Action approving a site plan for the "Roper Addition". SUMMARY: The property contained on this site plan is being proposed for rezoning to "C-1" restricted commercial. This site plan is subject to the proposed rezoning of the property. The proposed use on this tract is for offices. Due to the size of the existing structure traffic to the site will be minimal. Several large trees exist on the property with some large Crepe Myrtle trees along the front. Future utility work in the existing 15 foot utility easement along West White Street will significantly impact the landscaping. As such no additional vegetation other than grasses is anticipated. RECOMMENDED ACTION: The Planning and Zoning Commission recommended approval of the site plan unanimously at their meeting Decemberl0, 2012. g� s= E- � B g uz &ISA 51 q 8 €s € PUg a I I aha EEL I Z�;�Nm '3ntl A3V13K Ut9alMa '1'aVU _ �5���� � iiai5 sramro I ssa .orttr_n .toac.�� m A3aais avaana3un K m 9p U . b JJ SKV/ dry 3AU zW� M t � AYnyyyd -l13nOd 2 WLL W WI A262 I h iv �u I ffi[ � I � �'t � ■_may ti o > s26z 570 I I � I �,u C$ I I I V I I i b i5 0 ° YOUR} HOMETOWN Council Meeting: January 8, 2013 Item No.9 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Maurice Schwanke Account Code #: N/A Date Prepared: 01/03/13 Budgeted Amount: N/A Exhibits: ■Yes ❑ No AGENDA SUBJECT: Consider/Discuss/Action regarding an Ordinance amending the park use fees. SUMMARY: The Anna Park Board has reviewed the current charges used in the City regarding sports fields, pavilion, and gazebo usage. As part of the review they also looked at what other surrounding cities charge for their facilities so that we are competitive and not overcharging. The park board has developed a recommendation that addresses the fees and is contained in the attached ordinance. PARK BOARD RECOMMENDATION: The Park Board recommended a new structure for field charges with a breakdown between resident, non-resident, and tournament play. Additionally, a consideration of light usage has been added. Gazebo reservation has also been added to the fee structure. The use of the gazebo(s) has been on a first come basis, however, we have been asked if a gazebo can be reserved. At this time no mechanism is in place. This proposal adds a way to reserve the gazebo in Natural Springs Park and a future gazebo in Slayter Creels Park. 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 IV; SCHEDULE OF FEES; PROVIDING FOR A PENALTY FOR ANY VIOLATION OF THIS ORDINANCE NOT TO EXCEED $500; 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 Schedule of Fees; 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 IV, Article 5, Section 7 of The Anna City Code of Ordinances ("Anna Code") by adjusting rates for use of Baseball fields, Multipurpose fields and Gazebo Usage charges to reflect actual costs of administration, plan review and field inspections; 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 II, Article 1, Section 9 of Anna, the following amendment is made to Part IV, Article 5, Section 7: Article 5. General Miscellaneous Fees Section 7. Special Event Permit Fee Slayter Creek Park Pavilion Reservation Anna Resident $10.00/Hour Non -Resident $20.00/Hour Gazebo Reservation Anna Resident $5.00 /Hour Deposit $50 Non -Resident $10.00/Hour Deposit $50 Slayter Gr -eek Park A thletie Field Rene .y tier Weekdays (Monday Tni-i'a Resident $50/11.,.4;ofd Nen Resident $75/Day/Field Weekends (Satufday & Sunday) Afia Resident $1 OO/Day/>:i a Non Resident $150?Day/Field "-d. Xg. 458 2009L, ad6pW 099549) Baseball fields/Multipurpose Fields Charge Resident $15/hour (2 hour min.) plus $10/hour Field Lights Charge (2 hour minimum) Non -Resident $25/hour (2 hour min.) plus $20/hour Field Lights Charge (2 hour minimum) Tournament Q or more teams) $40/Team plus $25 per day Field Light Charge Clean up deposit (refundable upon approved clean-up $200.00 Inspection) (Ord. No. 419-2008, adopted 12/9/2008) 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 $500 for each incidence of violation. Each violation is considered a separate offense and will be punished separately. Section 4. Savings, Severability and Repealing Clauses. All ordinances of the City in conflict with the provisions of this ordinance are repealed to the extent of that conflict. If any provision of this ordinance shall be held to be invalid or unconstitutional, the remainder of such ordinance shall continue in full force and effect the same as if such invalid or unconstitutional provision had never been a part hereof. The City declares that it would have passed this ordinance, and each section, subsection, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional or invalid. Section 5. Publication of the Caption Hereof and Effective Date. This ordinance shall be in full force and effective from and after its passage and upon the posting and/or publication, if required by law, of its caption and the City Secretary is hereby directed to implement such posting and/or publication. PASSED by the City Council of the City of Anna, Texas, this day of 20 ATTESTED: City Secretary, Natha Wilkison APPROVED: Mayor, Mike Crist -"- VOUR}HOMETOWN Item No. 10 City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: January 8, 2012 Staff Contact: City Council Account Code # Amount: Exhibits: X Yes ❑ No AGENDA SUBJECT: Consider/Discuss/Action regarding a Resolution approving an appointment to serve a two-year term on the Greater Texoma Utility Authority Board of Directors. SUMMARY: The Greater Texoma Utility Authority (GTUA) is a local political subdivision of the State and is governed by a Board of Directors. The Authority is a special -law district organized under Article XVI, Section 59, of the Texas constitution and operates under Chapter 49 of the Texas Water Code. GTUA member cities include: Denison, Sherman Anna, Bailey, Collinsville, Ector, Gainesville, Gunter, Howe, Leonard, Muenster, Pottsboro, Tioga, Tom Bean, Valley View, Van Alstyne, Whitesboro, and Whitewright. The Authority operates under the provisions of Chapter 49 of the Texas Water Code. The Authority has no taxing power, but may incur debt by the issuance of bonds supported by revenues from the operations it finances. The Authority may enter into contracts to provide services for member cities and others when requested. The Authority provides its member cities with assistance in financing and construction of water and wastewater facilities. The Authority may also be requested to provide operations services for water and wastewater facilities by member cities and others. The Authority is governed by a Board of Directors appointed by its member cities. Places 1, 2, and 3 are appointed by the City of Denison. Places 4, 5, and 6 are appointed by the City of Sherman. The City of Gainesville appoints a member for Place 7, with Place 8 appointed by the City of Anna. Place 9 is appointed by the general law member cities. Board members serve two- year terms. Half of the Directors are appointed each year so that the terms overlap. The Board of Directors is responsible for establishing all policies of the Authority. Duane Hayes currently serves as the City of Anna's appointee to the Greater Texoma Utility Authority's Board of Directors in Place 8. His term expired at the end of 2012. Mr. Hayes is eligible for and has asked to be considered for reappointment to another two-year term. The Board typically meets on the third Monday of each month at 12:00 noon. CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS MAKING AN APPOINTMENT TO THE GREATER TEXOMA UTILITY AUTHORITY BOARD OF DIRECTORS FOR A TWO YEAR TERM WHEREAS, the City of Anna, Texas (the "City") is a member of the Greater Texoma Utility Authority ("GTUA" or the "Authority"); and, WHEREAS, GTUA is a special -law district organized under Article XVI, Section 59, of the Texas constitution and operates under Chapter 49 of the Texas Water Code; and, WHERAS, GTUA is governed by a Board of Directors appointed by its member cities; and, WHEREAS, Place 8 on the GTUA Board is appointed by the City Council of the City of Anna, Texas (the "City Council"); and, WHEREAS, the term of the current GTUA Board member serving in Place 8 expired at the end of 2012. 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. Appointment to the GTUA Board of Directors. The City Council hereby appoints to serve a two-year term in Place 8 on the GTUA Board of Directors. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 8t" day of January 2013. ATTEST: APPROVED: Natha Wilkison, City Secretary Mayor, Mike Crist CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 1 IL YOUR} iIOMETOWN Council Meeting: January 8, 2013 Account Code #: N/A Budgeted Amount: N/A Item No. 11 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Maurice Schwanke Date Prepared: 01/03/13 Exhibits: ❑ Yes ■No AGENDA SUBJECT: Discussion regarding Flag and Logo poles locations and height. SUMMARY: Flag and Logo poles have appear throughout Anna for model homes of builders, as entry features to subdivisions, at commercial developments and at private residences. Many of the flags are behind the building lines and in some cases they are not. We would like to get direction from the City Council to determine if an ordinance needs to be brought forward that addresses locations, size and height. RECOMMENDED ACTION: Council Direction 5Q L. CITY OF ANNA, TEXAS Item No. 12 City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: January 8, 2013 Staff Contact: Chief Jenks Account Code #: Budgeted Amoul Exhibits: ❑ Yes ❑x No AGENDA SUBJECT: Staff briefing on the community Video System SUMMARY: We briefed the Council a few months back regarding our intentions to obtain a video monitoring system for areas of the Park, trail, etc. After consulting with 4 vendors, WildFire Connections is the lower -cost -system. WildFire Connections PTZ cameras can be connected back to a single Network Video Recorder at no cost to the City. Only the cameras are purchased (max $2,000 each). We would propose allowing private -sector companies and businesses to join our network, at their expense, launching a citywide wireless camera network at virtually no cost to the City. The Police Department will host and have full access to the video server. WildFire Connections offers what we believe are attractive features to their systems: Wireless PTZ Cameras — IP -based, remotely controllable with full pan/tilt/zoom capabilities. "Free Wi-Fi" — high-speed wireless Internet access... indoor & outdoor deployments "Police Hotspots" — can be expanded to enables remote PTZ camera control & mobile data from in -car laptops Wireless 911 Video Call Boxes — the system offers expansion to include wireless two- way audio + video to 911 operators Wireless Video Command -Posts —includes wireless PTZ camera monitoring & remote control from police in -car laptops during crisis management situations... e.g. banks & schools, parks, etc. STAFF RECOMMENDATION: This is a briefing of the Staff's intention to proceed with the purchase of the video system from Wildfire Connections. *" Wiyffir- YfOUR} TIOMETOWN Council Meeting: January 8, 2012 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: 1-3-13 Exhibits: ❑ Yes ❑ No AGENDA SUBJECT: CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071); anticipated litigation with Amazing Solar Solutions; discussion regarding the legal aspects for parks and recreation programs; Anna Melissa ETJ Boundary Agreement. b. discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); purchase of park land and utility easements. 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. VOUR} IIOMETOWN Council Meeting: January 8, 2013 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: 1-3-13 Exhibits: ❑ Yes ❑ No AGENDA SUBJECT: Consider/Discuss/Action on any items listed on posted agenda for January 8, 2013 City of Anna Special Meeting or any Closed Session occurring during this Special Meeting, as necessary. SUMMARY: RECOMMENDATION: f * Enum- TOUR} TIOMETOWN Council Meeting: January 8, 2013 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: 1-3-13 Exhibits: ❑ Yes ❑ No RECOMMENDATION: Staff recommends a motion to adjourn.