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HomeMy WebLinkAboutCCpkt2010-07-27CITY OF ANNA AGENDA NOTICE -CITY COUNCIL WORKSHOP July 27, 2010 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., July 27, 2010, 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. Discussion regarding Update on North Texas Groundwater Conservation District. 4. Discussion regarding Update on FM 455 Project. 5. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty· of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071). Texas Municipal League IRP claim by Dennis Williams. b. Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City Council has received from a business prospect that the City Council seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City Council 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); West Crossing. 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. 07-27-10 CC Regular Meeting Agenda.doc Posted 07-22-10 The council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. 6. Discussion regarding any item on the City Council's July 27, 2010 Regular Meeting Agenda Notice, which was posted at the same date, time and place of this Workshop Agenda Notice. 7. Adjourn. This is to certify that I, Natha Wilkison, City Secretary, posted this agenda at a place readily accessible to the public at the Anna City Hall and on the City Hall bulletin board at or before 5:00 p.m., July 22,2010. 1. The Council may vote and/or act upon each ofthe items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any ofthe 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. 07-27-10 CC Regular Meeting Agenda.doc 2 Posted 07-22-10 CITY OF ANNA AGENDA NOTICE -CITY COUNCIL REGULAR MEETING July 27, 2010 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., July 27, 2010, 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 ofthe items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any ofthe 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. 07-27-10 CC Regular Meeting Agenda.doc 3 Posted 07-22-10 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 Regular minutes for July 13, 2010. b. Review EDC Regular minutes for April 1. 2010. c. Review CDC Regular minutes for April 1, 2010. 6. Presentation ofthe Proposed FY 2011 Budget. (Philip Sanders) 7. Consider/Discuss/Action regarding setting Public Hearing Date for the 2010-2011 Fiscal Year Budget and Tax Rate. (Philip Sanders) 8. Public Hearing: (2nd) For City Council to hear public comments regarding a request by Julia Jackson Gray and Duncan S. Gray, owners of property (Two-J Partners LLLP), concerning annexation of the following tract: A tract of land in the F. T. Daffau Survey. Abstract No. A0288 generally located south of CR 370 and west of West CrOSSing Blvd and adjacent to the city limits. containing 51.195 acres more or less. (Maurice Schwanke) 9. Public Hearing: (2nd) For City Council to hear public comments regarding a request by Julia Jackson Gray and Duncan S. Gray. owners of property (Two..J Partners LLLP), concerning annexation of the following tract: A tract of land in the F. T. Daffau Survey, Abstract No. A0288 generally located south of CR 370 and west of West CrOSSing Blvd and adjacent to the city limits, containing 60.5490 acres more or less. (Maurice Schwanke) 10. (a)Consider/Discuss/Action regarding approving Anna Community Development Corporation indoor recreation project and authorizing publication of notice of public hearing and intent to undertake said project. (Philip Sanders) (b)Consider/Discuss/Action regarding approving Anna Community Development Corporation outdoor recreation project and authorizing publication of public hearing and intent to undertake said project. (Philip Sanders) 11. PublicHearing: For City Council to hear public comment regarding an application to the Texas Department of Park and Wildlife for park development. (Maurice Schwanke) 12. Public Hearing: For City Council to hear public comment regarding a portion of Phase II of Slayter Creek Park is in the identified Flood Hazard Area and the project will have certain environmental impacts on that Flood Hazard Area. (Maurice Schwanke) 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 ofthe 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. 07-27-10 CC Regular Meeting Agenda.doc 4 Posted 07-22-10 13. Consider/Discuss/Action approving a Resolution regarding authorizing City Manager to act on the City's behalf on an application to the Texas Department of Park and Wildlife Department. (Maurice Schwanke) 14. PublicHearing: For City Council to hear public comment regarding an application to the Texas Department of Park and Wildlife for park development. (Maurice Schwanke) 15. Consider/Discuss/Action approving a Resolution regarding authorizing the City Manager to act on the City's behalf on an application to the Texas Department of Parks and Wildlife for park development. (Maurice Schwanke) 16. Consider/Discuss/Action on an amendment to the Impact Fee Ordinance regarding development agreements. (Clark McCoy) 17. Consider/Discuss/Action regarding a Resolution approving a Development Agreement between the City of Anna and Bloomfield Homes, L.P. (Philip Sanders) 18. (a)PublicHearing: For City Council to hear public comment regarding an amendment to the Subdivision Ordinance regarding development plat procedures. (Clark McCoy) (b)Consider/Discuss/Action on an amendment to Subdivision Ordinance regarding development plat procedures. (Clark McCoy) 19. 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). Texas Municipal League IRP claim by Dennis Williams. (b)Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City Council has received from a business prospect that the City Council seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City Council 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); West Crossing. 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. I. The Council may vote and/or act upon each ofthe items listed in this agenda 2. The Council reserves the right to retire into executive session concerning any ofthe 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. 07-27-10 CC Regular Meeting Agenda.doc 5 Posted 07-22-10 20. Consider/Discuss/Action on any items listed on posted agenda for July 27, 2010 City of Anna Workshop Session or any closed session occurring during this Regular Meeting, as necessary. 21. 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., July 22,2010. 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 ofthe items listed on this agenda, whenever it is considered necessmy 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. 07-27-10 CC Regular Meeting Agenda.doc 6 Posted 07-22-10 Item No. 6 City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: July 27, 2010 Staff Contact: Philip Sanders Account Code #:_---"N'-"/..:;"A=--_____ Date Prepared: 7/22/10 Budgeted Amount:.___......N~/A.:...-___ Exhibits: 0 Yes DNo 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 Regular minutes for July 13, 2010. b. Review EDC Regular minutes for April 1,2010. c. Review CDC Regular minutes for April 1, 2010. SUMMARY: RECOMMENDATION: Make a motion to approve the consent items Item No. 10 City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: July 27.2010 Staff Contact: Philip Sanders Account Code #:_---=-N=A-=--_____ Date Prepared: 7/22/10 Budgeted Amount:___~N=1A:...:....-___ Exhibits: DYes DNo AGENDA SUBJECT: Presentation of the Proposed FY 2011 Budget. (philip Sanders) SUMMARY: RECOMMENDATION: Item No. 7 City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: July 27, 2010 Staff Contact: Philip Sanders Account Code #:_----"N'-"~A~_____ Date Prepared: 7/22/10 Budgeted Amount:___-'N~IA~___ Exhibits: D Yes DNo AGENDA SUBJECT: Consider/Discuss/Action regarding setting Public Hearing Date for the 2010-2011 Fiscal Year Budget and Tax Rate. (Philip Sanders) SUMMARY: According to the Charter, Section 7.05 Public Hearing on Budget: At the City Council meeting when the budget is submitted, the City Council must name the date and place of a public hearing and have published in the official newspaper of the City, at least twice, the time and place, which will be not less than ten days nor more than 30 days after the date of notice. A proposed 2010/2011 BudgetlTax Rate Calendar is in your packet. If the tax rate proposed by the governing body exceeds the effective tax rate or rollback rate, whichever is lower we must hold two public hearings. If you do not exceed these rates you may adopt the tax rate. RECOMMENDATION: Make a motion to set the public hearing date for the budget on August 24, 2010 at Anna City Hall Administration Building, 111 N. Powell Pkwy and the Public Hearing Dates for the Tax Rate on August 20, 201 0 & August 24, 2010. Item No. 9 City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: July 27, 2010 Staff Contact: Maurice. Schwanke Account Code #:_----=Nc...!!/-"'...A"'--_____ Date Prepared: 7/21110 Budgeted Amount:___--=.N.!!../A~___ Exhibits: • Yes DNo AGENDA SUBJECT: Public Hearing: (2ndt) For City Council to hear public comments regarding a request by Julia Jackson Gray and Duncan S. Gray, owners of property (Two-J Partners LLLP), concerning annexation of the following tract: A tract ofland in the F. T. Daffau Survey, Abstract No. A0288 generally located south ofCR 370 and west of West Crossing Blvd and adjacent to the city limits, containing 51.195 acres more or less. SUMMARY: This tract being requested for annexation is within the City of Anna extraterritorial jurisdiction. This is a voluntary request with the owners being Two-J Partners LLLP (Julia and Duncan Gray). The tract is adjacent to the Current City Limits and south of the Anna water tower and southwest of the new high school being constructed. Additionally, the tract will have future Hackberry Drive traversing the southern edge of the property and Ferguson Parkway traversing the western edge. Prior to the establishment of a use, the property needs to be annexed and zoned appropriately for the area. A zoning request has been submitted and will be reviewed at the Planning and Zoning Commissions August meeting. PLANNING AND ZONING: RECOMMENDATION: Hold Public Hearing. Item No. 'I city Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: July 27,2010 Staff Contact: Maurice Schwanke Account Code #:_--"N'-'-'......A"---_____ Date Prepared: 7/21110 Budgeted Amount:___-'N~/~A.=:..____ Exhibits: • Yes DNo AGENDA SUBJECT: Public Hearing: (2nd) For City Council to hear public comments regarding a request by Julia Jackson Gray and Duncan S. Gray, owners of property (Two-J Partners LLLP), concerning annexation of the following tract: A tract of land in the F. T. Daffau Survey, Abstract No. A0288 generally located south of CR 370 and west of West Crossing Blvd and adjacent to the city limits, containing 60.5490 acres more or less. SUMMARY: This tract being requested for annexation is within the City of Anna extraterritorial jurisdiction. This is a voluntary request with the owners being Two-J Partners LLLP (Julia and Duncan Gray). The tract is adjacent to the Current City Limits and south of the Anna water tower and southwest of the new high school being constructed. Additionally, the tract will have future Hackberry Drive traversing the southern edge of the property. Prior to the establishment of a use, the property needs to be annexed and zoned appropriately for the area. A zoning request has been submitted and will be reviewed at the Planning and Zoning Commissions August meeting. PLANNING AND ZONING: RECOMMENDATION: Hold Public Hearing. ItemNo.~ City Secretary's use only CITY OF ANNA. TEXAS City of Anna City Council Agenda Staff Report Council Meeting: July 27,2010 Staff Contact: Jessica Perkins Account Code #:_________ Budgeted Amount: __nl=a'--________ Exhibits: )( Yes No AGENDA SUBJECT: ConsiderlDiscuss/Action an regarding approving Anna Community Development Corporation indoor recreation project and authorizing publication of notice of public hearing and intent to undertake said project. SUMMARY: The Anna CDC is committed to funding park and community related projects. Phase II of Natural Springs Park includes the renovation of an existing barn for a community center. The cost to complete the renovation is 1.5million. City staff has prepared a grant application for the Texas Parks and Wildlife department seeking $750,000 in grant funds for the renovation of the barn. The CDC desires to fund the remaining $750,000 for the project which will also serve as the matching funds needed for the grant. In order for the CDC to commit to the project, the corporation needs City Council approval and authorization to publish notice of the corporation's intent to fund the project. STAFF RECOMMENDATION: Staff recommends you approve the corporations request and give authorization to publish notice. Item No.l.!lb. City Secretary's use only CITY OF ANNA. TeXAS City of Anna City Council Agenda Staff Report Council Meeting: July 27,2010 Staff Contact: Jessica Perkins Account Code #:_________ Budgeted Amount:_~nI=-=a_________ Exhibits: X Yes 0 No AGENDA SUBJECT: ConsiderlDiscuss/Action regarding approving Anna Community Development Corporation outdoor recreation project and authorizing publication of notice of public hearing and intent to undertake said project. SUMMARY: The Anna CDC is committed to funding park and community related projects. Phase II of Slayter Creek Park includes more balls fields, a splash park and other recreation facilities.. The cost to complete the renovation is 1 million. City staff has prepared a grant application for the Texas Parks and Wildlife department seeking $500,000 in grant funds for the second phase of the park. The CDC desires to fund the remaining $500,000 for the project. In order for the CDC to commit to the project, the corporation needs City Council approval and authorization to publish notice of the corporation's intent to fund the project. STAFF RECOMMENDATION: Staff recommends you approve the corporations request and give authorization to publish notice. Item No. fJ City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: July 27,2010 Staff Contact: Maurice. Schwanke Account Code #:_---'N~/~A_=_______ Date Prepared: 7/21110 Budgeted Amount:___--'N::..:./:...!o.A~___ Exhibits: • Yes DNo AGENDA SlJBJECT: Public Hearing For City Council to hear public comment regarding an application to the Texas Park and Wildlife Department for park development. SlJMMARY: The City is anticipating submitting an application to the Texas Parks and Wildlife Department to construct Phase II of Slayter Creek Park. This program provides 50010 matching grant funds to municipalities with a population less than 500,000 to acquire and develop parkland or to renovate existing public recreation areas. The maximum amount of a grant is $500,000 with a $500,000 local match. It is anticipated that the local match for this project will be from the donation of 39.7 acres ofland along Slayter Creek. In addition to the local match the City of Anna is anticipation a contribution of funds from the Community Development COIpOration of $500,000 for a total project of $1,500,000. Anticipated major improvements for this grant would be the construction of a Disc golf course, a water park, two new lighted ball fields, additional trail, a gazebo, parking, irrigation, and other minor amenities. RECOMMENDATION: Hold Public Hearing. ItemNo·la city Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: July 27, 2010 Staff Contact: Maurice. Schwanke Account Code #:_--"N~/-,,-A,,--_____ Date Prepared: 7/21110 Budgeted Amount:___--=-N.:.:;..IA"-"-___ Exhibits: • Yes DNo AGENDA SUBJECT: Public Hearing For City Council to hear public comments regarding a portion of Phase II of Slayter Creek Park Of which a portion is in the identified Flood Hazard Area and that the project will have certain environmental impacts on that Flood Hazard Area. SUMMARY: When a portion of a Texas Parks and Wildlife Department (fPWD) grant is applied for that includes floodplain areas we are required to infonn the public that the proposed project will be located in such an area and that the project will have certain environmental impacts on that floodplain area. We are required to allow for public comment. The following actions must be taken: • The applicant must publish a notice in the local media describing the proposed action in the floodplain or wetland area and invite the public to provide their views on the proposal. This may be done by holding a public hearing or making the plans and other pertinent materials available for review at a public place (Le., city hall, courthouse, library, etc.). • The application must contain a copy of the published notice and any public comments received. If no public comments are received, this must be clearly stated. Any public hearing or comments received within two years of the application submission will be accepted. RECOMMENDATION: Hold public hearing and receive comments and included if any in the TPWD application. Item No. 13 City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: July 27, 2010 Staff Contact: Maurice. Schwanke Account Code #:_---"N...!.!/-".A"--_____ Date Prepared: 7/21110 Budgeted Amount:___-'NL!./!.=..A~___ Exhibits: • Yes DNo AGENDA SUBJECT: ConsiderlDiscuss! Action approving a Resolution certifying that the City is eligible receive grant assistance, that funds are available, authorizing the City Manager to act on the City's behalf on the application, to the Texas Parks and Wildlife Department for park development, and also that we will be submitting the application to NCTCOG for TRACS reVIew. SUMMARY: The City is anticipating the submission of an Application to Texas Parks and Wildlife Department to construct Slayter Creek Park Phase II. This resolution is a required part for a complete submittal package. The major item in this resolution is the authorization of Philip Sanders as the signatory on the documentation throughout the project. RECOMMENDATION: Approve resolution. Item No. I 'f City Secretary's use only Y{OUB.lUOMBTOWN City of Anna City Council Agenda Staff Report Council Meeting: July 27, 2010 Staff Contact: Maurice. Schwanke Account Code #:_~N...!!/..!..;A=:..-_____ Date Prepared: 7/21110 Budgeted Amount:___---=-N=IA=-___ Exhibits: • Yes DNo AGENDA SUBJECT: Public Hearing For City Council to hear public comment regarding an application to the Texas Park and Wildlife Department for park development. SUMMARY: The City is anticipating submitting an application to the Texas Parks and Wildlife Department to construct a Community Center at Natural Springs Park by the renovation of the existing horse barn in the park. This program provides 50% matching grant funds to municipalities with a population less than 500,000 to construct recreation centers, community centers, nature centers and other facilities (buildings). The grant maximum is $750,000 per application. The local match for the City of Anna is a contribution of funds from the Community Development Corporation of $750,000 for a total project of $1,500,000. Anticipated improvements besides the shell portion of the building would include meeting rooms, reading/computer room, potentially indoor volleyball court and an indoor basketball court, kitchen, parking, and access. RECOMMENDATION: Hold Public Hearing to receive public comments. Item No. IS' City Secretary's use onJy City of Anna City Council Agenda Staff Report Council Meeting: July 27, 2010 Staff Contact: Maurice. Schwanke Account Code #:_---=N...!.!:/~A~_____ Date Prepared: 7121110 Budgeted Amount:___--=:..N..:.:../:o..:A=--___ Exhibits: • Yes DNo AGENDA SUBJECT: ConsiderlDiscuss/Action approving a Resolution certifying that the City is eligible receive grant assistance, that funds are available, authorizing the City Manager to act on the City's behalf on the application, to the Texas Parks and Wildlife Department for park development, and also that we will be submitting the application to NCTCOG for TRACS review. SUMMARY: The City is anticipating the submission of an Application to Texas Parks and Wildlife Department to construct a Community Center at Natural Springs Park. This resolution is a required part for a complete submittal package. The major item in this resolution is the authorization of Philip Sanders as the signatory on the documentation throughout the project. RECOMMENDATION: Approve resolution. ItemNo.~ City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: July 27. 2010 Staff Contact: Clark McCoy Account Code #:_-----=N'-'-'A'-"'-______ Budgeted Amount:...!!$,---,N,-"A~______ Exhibits: 0 Yes DNo AGENDA SUBJECT: ConsiderlDiscuss/Action on an amendment to the Impact Fee Ordinance regarding development agreements SUMMARY: This ordinance amends Part II, Article 49, Section 8. Water and Sanitary Sewer Impact Fees to allows the City, for the purposes of economic development within the City, to forgo its entitlement to collect some or all impact fees that would otherwise become subject to collection. RECOMMENDED ACTION: Ordinance be approved. Item No.1!1­ City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: July 27,2010 Staff Contact: Philip Sanders Account Code Budgeted Amount:_________ Exhibits: Yes DNo AGENDA SUBJECT: Consider/Discuss/Action regarding a Resolution approving a Development Agreement between the City of Anna, and Bloomfield Homes, L.P. SUMMARY: Don Dykstra the owner of Bloomfield Homes is in the process of purchasing the remaining lots and undeveloped land in the West Crossing subdivision. In the attached Development Agreement, Bloomfield Homes has agreed to donate nearly 40 acres of land to the City for use as part of the City's parks system and to construct certain public sidewalks within the subdivision. In consideration, the City would agree to forgo or waive the collection of certain impact fees and park development fees within the subdivision up to a maximum amount of $285,000. The City intends to use the donation of the land as the matching funds for a $500,000 grant application to construct phase II of Slayter Creek Park. RECOMMENDATION: Staff recommends approval of this resolution ItemNo.~+b) City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: July 27, 2010 Staff Contact: Clark McCoy Account Code #:_----'N~A"________ Budgeted Amount:.,..,.$'---'N"-"A"-"'-______ Exhibits: 0 Yes DNo AGENDA SUBJECT: ConsiderlDiscussl Action on an amendment to Subdivision Ordinance regarding development plat procedures. SUMMARY: The City's regulations related to development plats (i.e., plats for new development other than subdivisions) were first adopted in 2004 and have been amended several times since. City staff recently reviewed existing provisions in the Subdivision Regulations and determined that Ordinance No. 334-2007, adopted on July 10, 2007, had not been fully incorporated into the Code of Ordinances. The proposed ordinance corrects this error. The main effect of Ordinance No. 334-2007 was to remove City staff's discretion to allow an "alternate plat" to be filed under certain circumstances. It had been discussed by staff and determined by Council that the provisions regarding "alternate plats" were impractical and were likely in conflict with the enabling statute, Texas Local Government Code, Chapter 212, Subchapter B. This ordinance amends the Code to incorporate the substance of the amendments made under Ordinance No. 334-2007, and also clarifies certain provisions governing development plats without changing the City Council's previous intent in adopting Ordinance No. 334-2007. Further, this ordinance pulls the development plat provisions out of Section 3, Article 5 of the Subdivision Regulations and places them into a new Article 5.1 to make the provisions more visible as a separate set of rules that relate to development plats, as opposed to subdivision plats. RECOMMENDED ACTION: Ordinance be approved.