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HomeMy WebLinkAboutCCpkt2011-01-11CITY OF ANNA AGENDA NOTICE -CITY COUNCIL WORKSHOP January 11, 2011 6:30 p.m. -Anna City HaD Administration Building The City Council of the City of Anna will meet in Workshop Session at 6;30 p.m., January 11, 2011, 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. Presentation regarding new web site. (Jessica Perkins) 4. Discussion regarding an operations agreement with the South Grayson Water Supply Corporation. (philip Sanders) 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); 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 January 11, 2011 Regular Meeting Agenda Notice, which was posted at the same date, time and place of this Workshop Agenda Notice. 7. Adjourn. I. The Council may vote and/or act upon each ofllte items listed in this agenda. 2. The Council reserves lite right to retire into executive session concerning any ofllte items listed 00 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 lite City Secretary at 912 924­ 3325 two worldng days prior to lite meeting so that appropriate 8IT8I1ge01eIIts can be made. 01-11-11 CC Regular Meeting Agenda.doc Posted 01-07-11 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 7. 2011. I. The Council may vote and/or act upon each ofthe items listed in this agenda. 2. The Council reserves tile right to retire into executive session concerning any oftile items listed on this agenda, whenever it is considered necessary and legally justified under tile Open Meeting Act 3. Persons with a disability who want to attend this meeting who may need assistance should contact tile City Secretary at 972 924­ 3325 two working days prior to tile meeting so that appropriate arrangements can be made. Ol-ll-tl CC Regular Meeting Agendadoc 2 Posted 01-07-11 CITY OF ANNA AGENDA NOTICE -CITY COUNCIL REGULAR MEETING January 11, 2011 7:30 p.m. -Anna City Hall Administration BuDding The City Council of the City of Anna will meet in Regular Session at 7:30 p.m., January 11, 2011, at the Anna City Hall Administration Building, located at 111 North Powell Parkway (Hwy 5), to consider the following items. Welcome to the City Council Meeting. Please sign the Sign-In-Sheet as a record of attendance. If you wish to speak on an open-session agenda item please fill out the Opinion/Speaker Registration Form and turn it in to the City Secretary before 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 ofa 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 ofthe municipality; and announcements involving an imminent threat to the public health and safety ofpeople in the municipality that has arisen after the posting ofthe agenda. I. 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 sbould contact the City Secretary at 912 924· 3325 two worlcing days prior to the meeting so that appropriaIe arrangements can be made. Ot·II·)t CC Regular Meeting Agenda. doc 3 Posted O]-O7·11 5. Consent Items. These items corrsist ofnon-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 December 14,2010. b. Approve City Council Special minutes for December 8, 2010. c. Approve a Resolution supporting the preservation of funds allocated for north Texas RTR projects. d. Approve a Resolution awarding the bid for HV AC equipment and system installation at the new public works building. e. Approve "Lester Addition" Development Plat. f. Review Anna EDC Regular minutes for August 5, 2010. g. Review Anna CDC Regular minutes for August 5, 2010. h. Review P & Z Regular minutes for November 1,2010. 1. Review P & Z Regular minutes for December 6, 2010. j. Review P & Z and City Council Special Joint Workshop for December 6, 2010. k. Approve a resolution adopting an amendment to the development agreement between the City of Anna and Bo Peep Crossen and Jan Marie Swalwell, and authorizing the City Manager to execute same on behalf of the City. 1. Approve a resolution adopting an amendment to the development agreement between the City of Anna and Kenneth and Carol Matus~ and authorizing the City Manager to execute same on behalf of the City. m. Approve a resolution adopting an amendment to the development agreement between the City of Anna and Helen Luscombe, and authorizing the City Manager to execute same on behalf of the City. n. Approve a resolution adopting an amendment to the development agreement between the City of Anna and Clinton Van Lawrence, and authorizing the City Manager to execute same on behalf of the City. 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 sessioo ooocerning any of the items listed 00 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 worlcing days prior to the meeting so that appropriate arrangements can be made. 01-11-11 CC Regular Meeting Agenda.doc 4 Posted Ol~7-11 o. Approve a resolution adopting an amendment to the development agreement between the City of Anna and Sherley Partners, LTD, and authorizing the City Manager to execute same on behalf of the City. p. Approve a resolution adopting an amendment to the development agreement between the City of Anna and Robert and Kelly Burgess, and authorizing the City Manager to execute same on behalf of the City. q. Approve a resolution adopting an amendment to the development agreement between the City of Anna and Michael Burnside, and authorizing the City Manager to execute same on behalf of the City. r. Approve a resolution adopting a development agreement and an amendment to the development agreement between the City of Anna and Jeffery and Michelle Wickliffe, and authorizing the City Manager to execute same on behalf of the City. s. Approve a resolution adopting a development agreement and an amendment to the development agreement between the City of Anna and Dennis and Carolyn Gidney, and authorizing the City Manager to execute same on behalf ofthe City. 1. Approve a resolution adopting a development agreement and an amendment to the development agreement between the City of Anna and John Gidney, and authorizing the City Manager to execute same on behalf of the City. u. Approve a resolution adopting an amendment to the development agreement between the City of Anna and Michael and Cynthia Foster, and authorizing the City Manager to execute same on behalf of the City. v. Approve a resolution adopting an amendment to the development agreement between the City of Anna and Chapel Hill Investments LTD. and authorizing the City Manager to execute same on behalf of the City. 6. ConsiderlDiscussl Action regarding scheduling joint meetings with City boards and commissions. (Philip Sanders) 7. ConsiderlDiscusslAction regarding a resolution authorizing the Texas Coalition for Affordable Power (TCAP) to negotiate an extension to the current electric supply and necessary related services agreement for a fixed price per kwh that is lower than contract rates for 2011-2013; and authorizing the City Manager to sign a contract with CAPP for the city's electricity needs for the period beginning I. The Council may vote lind/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 Wllnt to attend this meeting who may need assistllllce should contact the City Secretary at 972 924­ 3325 two worlcing days prior to the meeting so that appropriate arrangements can be made. 01-11-11 CC Regular Meeting Agenda.doc s Posted OI-07-11 January 1, 2011 or as soon after finalization of a contract as possible and extending up to December 31, 2018 (philip Sanders) 8. (a) Public Hearing: To consider public comment regarding an ordinance amending the City's comprehensive plan, zoning map, and zoning ordinance and changing the zoning of certain property, 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 publication and caption hereof. The property is currently zoned as Agriculture (AG). The owner has requested a Planned Development (PD) zoning to include Single Family Residential, Town Homes, Multiple Family Residential (FM-2) and Restricted Commercial (C-I) District zoning with additional uses. The property is located in an area roughly bonded by the north city limits line (CR 373, CR 372, and CR 290) on the south and west by the Hurricane Creek Country Club, The Hurricane Creek Estates and the Urban Crossing Addition, and is east and west ofN. Central Expressway. The property is owned by Viola Lordsmeer L.P. (b) ConsiderlDiscussi Action on recommendation regarding an ordinance amending the City's comprehensive plan, zoning map, and zoning ordinance and changing the zoning of certain property, 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 publication and caption hereof. The property is currently zoned as Agriculture (AG). The owner has requested a Planned Development (PD) zoning to include Single Family Residential, Town Homes, Multiple Family Residential (FM-2) and Restricted Commercial (C-I) District zoning with additional uses. The property is located in an area roughly bonded by the north city limits line (CR 373, CR 372, and CR 290) on the south and west of the Hurricane Creek Country Club, the Hurricane Creek Estates and the Urban Crossing Addition, and is east and west ofN. Central Expressway. The property is owned by Viola Lordsmeer L.P. 9. ConsiderlDiscussi Action regarding a Resolution approving a developer agreement with Viola Lordsmeer, L.P. (philip Sanders) 10. ConsiderlDiscussiAction regarding an Ordinance amending the Anna City Code of Ordinances, Part II by adding new Article 50, Management of Public Rights­ of-way; Amending Part IV, Article 5 by adding new Section 12 Right-of-Way Construction Permit Fee, and new Section 13 Permit Fee for Driveways and Other Private Improvements in Public Rights-of-Way. (philip Sanders) I. The Council may vote and/or act upon each ofthe items listed in Ibis agenda. 2. The Council RlSCIVes the right to mire into executive session concerning any oflhe items listed on this agenda, whenever it is considered necessary and legally justified under Ibe Open Meeting Act. 3. Persons with 8 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 Ibat appropriate arrangements can be made. 01-I1-I1 CC Regular Meeting Agenda.doc 6 Posted 01-07·11 11. ConsiderlDiscuss/ Action regarding appointing persons to the Anna Fire Rescue Auxillary Association Board ofDirectors. (Chief Newton) 12. Second reading and consider/discuss/action on a resolution approving a project to be under taken by the Anna Community Development Corporation to fund a loan/grant to Towner Enterprises LCC for expansion of business development. (Jessica Perkins) 13. ConsiderlDiscussl Action regarding pre-annexation developer agreements. 14, ConsiderlDiscussl Action regarding placing the following on a future City Council agenda: a) Call an election to amend the Charter to change: i. the length of terms to which Council members are elected (Council Member Geren) ii. the voting privileges of the office of Mayor (Council Member Geren) 15. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071). The council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. 16. Consider/Discussl Action on any items listed on posted agenda for January 11, 2011 City of Anna Workshop Session or any closed session occurring during this Regular Meeting, as necessary. 17. 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 bull . board at or 0 5:00 p.m., January 7, 2011. I. The Council may vote andlor 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. 01-11-11 CC Regular Meeting Agenda.doc 7 Posted 01~7-11 Item No. WS -4 City Secretary’s use only City of Anna City Council Agenda Staff Report Council Meeting: January 11, 2011 Staff Contact: Philip Sanders Account Code #: Budgeted Amount: ________ Exhibits:  Yes  No AGENDA SUBJECT: Discussion regarding an operations agreement with the South Grayson Water Supply Corporation. SUMMARY: In 2006, the City of Anna purchased a large portion of the South Grayson Water Supply Corporation system that was located in the Anna ETJ. In order to obtain approval of the purchase from the Texas Commission on Environmental Quality (TCEQ), the final agreement excluded certain water customers that are within South Grayson’s CCN (service area) and that are outside the City’s ETJ. As a result of the sale about 20 water customers located south of the Anna/Melissa ETJ boundary were cut-off from the remainder of the South Grayson water system. In order to continue to serve these customers, South Grayson buys water from the City of Anna at a wholesale rate and then charges these customers the normal South Grayson water rate. Because these customers are located so far away from the remainder of the South Grayson system, they are have requested that the City of Anna enter into an Operations Agreement whereby we would operate the portion of their system that supports these 20 customers on behalf of South Grayson. As an operator, we would bill these customers on behalf of South Grayson but keep the revenue collected. We would also be responsible for maintaining the infrastructure that serves the new customers. Item No.5 a-v City Secretary’s use only City of Anna City Council Agenda Staff Report Council Meeting: January 11, 2011 Staff Contact: Philip Sanders Account Code #: N/A Date Prepared: 1/06/11___ Budgeted Amount: N/A 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 Regular minutes for December 14, 2010. b. Approve City Council Special minutes for December 8, 2010. c. Approve a Resolution supporting the preservation of funds allocated for north Texas RTR projects. d. Approve a Resolution awarding the bid for HVAC equipment and system installation at the new public works building. e. Approve “Lester Addition” Development Plat. f. Review Anna EDC Regular minutes for August 5, 2010. g. Review Anna CDC Regular minutes for August 5, 2010. h. Review P & Z Regular minutes for November 1, 2010. i. Review P & Z Regular minutes for December 6, 2010. j. Review P & Z and City Council Special Joint Workshop for December 6, 2010. k. Approve a resolution adopting an amendment to the development agreement between the City of Anna and Bo Peep Crossen and Jan Marie Swalwell, and authorizing the City Manager to execute same on behalf of the City. Item No.5 a-v City Secretary’s use only l. Approve a resolution adopting an amendment to the development agreement between the City of Anna and Kenneth and Carol Matuszak, and authorizing the City Manager to execute same on behalf of the City. m. Approve a resolution adopting an amendment to the development agreement between the City of Anna and Helen Luscombe, and authorizing the City Manager to execute same on behalf of the City. n. Approve a resolution adopting an amendment to the development agreement between the City of Anna and Clinton Van Lawrence, and authorizing the City Manager to execute same on behalf of the City. o. Approve a resolution adopting an amendment to the development agreement between the City of Anna and Sherley Partners, LTD, and authorizing the City Manager to execute same on behalf of the City. p. Approve a resolution adopting an amendment to the development agreement between the City of Anna and Robert and Kelly Burgess, and authorizing the City Manager to execute same on behalf of the City. q. Approve a resolution adopting an amendment to the development agreement between the City of Anna and Michael Burnside, and authorizing the City Manager to execute same on behalf of the City. r. Approve a resolution adopting a development agreement and an amendment to the development agreement between the City of Anna and Jeffery and Michelle Wickliffe, and authorizing the City Manager to execute same on behalf of the City. s. Approve a resolution adopting a development agreement and an amendment to the development agreement between the City of Anna and Dennis and Carolyn Gidney, and authorizing the City Manager to execute same on behalf of the City. t. Approve a resolution adopting a development agreement and an amendment to the development agreement between the City of Anna and John Gidney, and authorizing the City Manager to execute same on behalf of the City. u. Approve a resolution adopting an amendment to the development agreement between the City of Anna and Michael and Cynthia Foster, and authorizing the City Manager to execute same on behalf of the City. v. Approve a resolution adopting an amendment to the development agreement between the City of Anna and Chapel Hill Investments LTD. and authorizing the City Manager to execute same on behalf of the City. Item No.5 a-v City Secretary’s use only SUMMARY: RECOMMENDATION: Staff recommends a motion to approve the consent items. Item No. 5c City Secretary’s use only City of Anna City Council Agenda Staff Report Council Meeting: January 11, 2011 Staff Contact: Philip Sanders Account Code #: Budgeted Amount: ________ Exhibits:  Yes  No AGENDA SUBJECT: Approve a resolution requesting that the State Highway 121 regional toll revenue funds held in the Dallas-Fort Worth sub-account within Fund 6 be held in reserve for north Texas transportation projects. SUMMARY: The reconstruction of FM 455 is being funded from the State Highway 121 Project proceeds that are administered by the Regional Transportation Council (RTC). Currently all the proceeds from this project are held in the TxDOT general transportation fund in Austin (Fund 6). The region has received previous assurances that the project proceeds will only be used to fund the RTC projects in north Texas. However, we are concerned that the State may see the S.H. 121 project funds as an easy way to help close the State’s anticipated $20 billion deficit. The attached resolution requests that the State Legislature and TxDOT continue to hold in reserve all proceeds, including interest from the State Highway 121 Project Agreement between NTTA and TxDOT for the transportation projects in north Texas identified by the RTC to be funded by regional toll revenue funds, including the reconstruction of FM 455 in the City of Anna. RECOMMENDATION: Staff recommends approval of the attached Resolution. Item No. 5d City Secretary’s use only City of Anna City Council Agenda Staff Report Council Meeting: January 11, 2011 Staff Contact: Philip Sanders Account Code #: 50-626 626 Budgeted Amount: $30,000_______ Exhibits:  Yes  No AGENDA SUBJECT: Consider/Discuss/Action regarding a resolution approving a contract and authorizing execution of same for Bid No. 11-02 PW, HVAC Equipment and System Installation. SUMMARY: Staff has recently solicited proposal for the purchase of HVAC equipment and system installation for the new Public Works office/warehouse. Sealed bids were opened on Tuesday January 4. Koldaire Experts LLC submitted the only bid at $9,850 RECOMMENDATION: Staff recommends that the Council approve the attached Resolution approving a contract with Koldaire Experts LLC for Bid No. 11-02 PW, HVAC Equipment and System Installation. . Item No.5e City Secretary’s use only City of Anna City Council Agenda Staff Report Council Meeting: January 11, 2011 Staff Contact: Maurice. Schwanke Account Code #: N/A Date Prepared: 01/05/11__ Budgeted Amount: N/A Exhibits:  Yes  No AGENDA SUBJECT: Approve “Lester Addition” development plat. SUMMARY: This development plat is located within the extraterritorial jurisdiction of the City. The proposed improvements to this tract is the placement of a mobile home. The property is located at 4633 FM 2862. The applicant has satisfied the City of Anna development plat requirements. PLANNING AND ZONING ACTION: The Planning and Zoning Commission recommended approval of the “Lester Addition” development plat at their meeting January 3, 2011. The vote was unanimous. RECOMMENDED ACTION: Approval Item No. 6 City Secretary’s use only City of Anna City Council Agenda Staff Report Council Meeting: January 11, 2011 Staff Contact: Philip Sanders Account Code #: Budgeted Amount: ________ Exhibits:  Yes  No AGENDA SUBJECT: Consider/Discuss/Action regarding scheduling joint meetings with Council appointed boards and commissions. SUMMARY: The Council has previously requested semi-annual joint meetings with the Council appointed boards and commissions (Parks, P&Z, EDC, and CDC). The last meeting scheduled in August was not held due to a lack of a quorum. Staff is requesting the Council’s direction on scheduling the next meeting. Item No. 7 City Secretary’s use only City of Anna City Council Agenda Staff Report Council Meeting: January 11, 2011 Staff Contact: Philip Sanders Account Code #: Budgeted Amount: ________ Exhibits:  Yes  No AGENDA SUBJECT: Consider/Discuss/Action regarding a resolution authorizing the Texas Coalition for Affordable Power (TCAP) to negotiate an extension to the current electric supply and necessary related services agreement for a fixed price per kwh that is lower than contract rates for 2011-2013; and authorizing the City Manager to sign a contract with CAPP for the city’s electricity needs for the period beginning January 1, 2011 or as soon after finalization of a contract as possible and extending up to December 31, 2018. SUMMARY: In 2008 the City signed a five year contract with CAPP to purchase electricity for City facilities. CAPP (Cities Aggregation Power Project) is a coalition of over 100 Texas cities that have joined together to enable member municipalities to purchase electric power for their own needs at rates lower than they could obtain individually. CAPP recently merged with another municipal electric purchasing cooperative (the South Texas Aggregation Project or STAP) to form the Texas Coalition for Affordable Power (TCAP). The TCAP member cities have been offered a unique opportunity to reduce their electricity prices during the next three years of the five-year contract and lock in electric rates at fixed prices for an additional five years through the year 2018. The revised contract (referred to as “blend and extend”) is explained in the attached memo from the TCAP’s legal council. The “blend and extend” contract will not be finalized unless the TCAP Board concludes that significant near-term savings and fixed prices for the member cities will result. RECOMMENDATION: Staff would recommend approval of this Resolution only if we believe that the electricity pricing TCAP will be able to obtain through the “blend and extend” contract will be lower that what could be negotiated at the conclusion of the current contract in 2013. To pass on this offer to reduce current contract rates and achieve a fixed price guarantee for eight years, one has to count on gas prices continuing to decline and for electric generation supply to remain comfortably greater than peak demand at least through the end of 2013. An analysis of the future market risk is also included in the attached memo. Item No.8 a & b City Secretary’s use only City of Anna City Council Agenda Staff Report Council Meeting: January 11, 2011 Staff Contact: Maurice. Schwanke Account Code #: N/A Date Prepared: 01/05/11__ Budgeted Amount: N/A Exhibits:  Yes  No AGENDA SUBJECT: (a) Public Hearing To consider public comment regarding an ordinance amending the City’s comprehensive plan, zoning map, and zoning ordinance and changing the zoning of certain property, 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 publication and caption hereof. The property is currently zoned as Agriculture (AG). The owner has requested a Planned Development (PD) zoning to include Single Family Residential, Town Homes, Multiple Family Residential (FM-2) and Restricted Commercial (C-1) District zoning with additional uses. The property is located in an area roughly bonded by the north city limits line (CR 373, CR 372, and CR 290) on the south and west by the Hurricane Creek Country Club, The Hurricane Creek Estates and the Urban Crossing Addition, and is east and west of N. Central Expressway. The property is owned by Mr. Vincent Viola. The staff has been reviewing this zoning case since 2005. The area is commonly known as Mantua. The total project is approximately 3,000 acres in size; however, only 900 acres will be within the jurisdiction of Anna while the remainder will be in Van Alstyne. At this time 551.73 acres are within the City Limits of Anna and the remainder is within our extraterritorial jurisdiction. The major portion of the Mantua project in the Anna City limits (U.S. 75 frontage) will be of a commercial nature with several pockets of higher density residential development and single family development. With the Development of the Adopted Comprehensive Plan for Anna the Mantua project was mirrored in terms of Land Use and Thoroughfares. As such the staff is in support of the proposed ordinance that is attached. (b) Consider/Discuss/Action on recommendation regarding an ordinance amending the City’s comprehensive plan, zoning map, and zoning ordinance and changing the zoning of certain property, 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 publication and caption hereof. The property is currently zoned as Agriculture (AG). The owner has requested a Planned Development (PD) zoning to include Single Family Residential, Town Homes, Multiple Family Residential (FM- Item No.8 a & b City Secretary’s use only 2) and Restricted Commercial (C-1) District zoning with additional uses. The property is located in an area roughly bonded by the north city limits line (CR 373, CR 372, and CR 290) on the south and west of the Hurricane Creek Country Club, the Hurricane Creek Estates and the Urban Crossing Addition, and is east and west of N. Central Expressway. The property is owned by Mr. Vincent Viola. PLANNING AND ZONING ACTION: The Planning and Zoning Commission recommended approval of the proposed ordinance at their meeting January 3, 2011 meeting. The applicant asked that 4 changes be made to the Planned Development. The staff does not have an objection to the requested changes since they should not adversely impact the overall quality of the Planned Development. Therefore the Staff recommended changes be made to the Exhibit D with include the following: 1.) Part II (Street Design Standards) I. D. (Utility Space) was changed so that landscape easements could be included as utility space. 2.) Part III (Development Standards) I. D.(Density) net was defined as gross minus flood plain, commercial land, public and park land and open space lands. 3.) Part III (Development Standards) I. E.(Residential Design Diversity.) 1. e. (Anti- Monotony) was changed from every eight (8) lots to every five (5) lots. 4.) Part III (Development Standards) I. G. (Open Space) was changed from a minimum of 150 acres to 130 acres. The vote which included the above recommended changes was approved unanimously. RECOMMENDED ACTION: Approval of Ordinance. Item No. City Secretary’s use only City of Anna City Council Agenda Staff Report Council Meeting: January 11, 2011 Staff Contact: Philip Sanders Account Code #: Budgeted Amount: ________ Exhibits:  Yes  No AGENDA SUBJECT: Approve a Resolution adopting a Development Agreement between the City of Anna and Vincent Viola. SUMMARY: The attached Development Agreement between the City and Vincent Viola establishes rules and regulations for the development of the Mantua property located in the City’s extra-territorial jurisdiction. The Agreement includes the following terms: 1. City agrees to not institute involuntary annexation of the property during the term of the agreement. 2. City agrees to and adopts the Mantua land use plan and land use regulations. Owner agrees to develop the property consistent with this plan. All other City development regulations apply. 3. Owner agrees to limit the use of the property to agricultural uses until the property is developed. 4. Owner agrees to submit a voluntary petition for annexation concurrently with the submission of any plat or development permit application on the property. City agrees that the property will be zoned consistent with the Mantua development plan upon annexation into the City. 5. Owner agrees to accept and not contest any previous annexations performed by the City including those annexations that show a portion of the Owner’s property inside the city limits. 6. Developer agrees to not seek approval of any type of special district without the express written consent of the City of Anna. 7. Term of the Agreement is for 15 years. RECOMMENDATION: Staff recommends approval of the Resolution and Development Agreement. Item No. 10 City Secretary’s use only City of Anna City Council Agenda Staff Report Council Meeting: January 11, 2011 Staff Contact: Philip Sanders Account Code #: Budgeted Amount: ________ Exhibits:  Yes  No AGENDA SUBJECT: Consider/Discuss/Action regarding an Ordinance amending the Anna City Code of Ordinances, adding Article 50, Management of Public Rights-of-Way SUMMARY: The City of Anna is charged with maintaining control of and access to the public rights-of-way in order to protect the health, safety and welfare of its citizens. In addition to their use as streets, public rights-of-way are also used be several utility companies for provide service to their customers within our community. It is important for the City to protect, preserve, and manage the use of these rights for the benefit of the public. In order to more effectively do this Staff has developed the attached Ordinance which lays out a registration and permitting program for utility companies that use the City’s rights-of-way and easements. The Ordinance will help minimize the impact of construction on neighborhood residents and businesses by enforcing cleanliness and safety standards for construction sites, imposing timelines for construction, and requiring utility owners to comply with standards and requirements for compaction, backfill and pavement restoration and resurfacing that ensure the best possible restoration of the paved surface over and adjacent to construction area within the right-of-way. The program will assist Staff in keeping track of the different entities using the Rights-of-Way to prevent interference between them. The Ordinance also clarifies the requirements for the construction of driveways and other private improvements located in the public rights-of-way. The Ordinance is pattered after similar regulations used effectively in the City of Allen. RECOMMENDATION: Staff recommends approval of the attached Ordinance. Item No.11 City Secretary’s use only City of Anna City Council Agenda Staff Report Council Meeting: January 11, 2011 Staff Contact: Danny Newton Account Code #: N/A Date Prepared: 1/05/11___ Budgeted Amount: N/A Exhibits:  Yes  No AGENDA SUBJECT: Consider/Discuss/Action regarding appointing persons to serve on the Anna Fire Rescue Auxiliary Association Board of Directors. SUMMARY: The Anna Fire Rescue Auxiliary Association is composed of regular and associate members whose primary purpose is to support the operations of the Anna Fire Department. The Association is governed by a five-member Board of Directors. According to their amended by-laws, two of the Board members are recommended by the members of the Association and approved by the full Board, two other members are appointed by the City Council, and the fifth member of the Board is the Anna Fire Chief. All appointed members of the Board must be regular members of the Association. RECOMMENDATION: Although not required, the Association is recommending that the Council appoint Michael Covey and Jeff Allbritten to serve on the Anna Fire Rescue Auxiliary Association Board of Directors. These two men are volunteer fire fighters with the City and are willing to serve. Staff recommends the appointment of Michael Covey and Jeff Allbritten to the Association Board of Directors. Item No. City Secretary’s use only City of Anna City Council Agenda Staff Report Council Meeting: January 11, 2011 Staff Contact: Jessica Perkins Account Code #: Budgeted Amount: reserve funds Exhibits:  Yes  No AGENDA SUBJECT: Consider/Discuss/Action (Jessica Perkins) SUMMARY: Aaron Towner, owner of The Pit Stop, has expressed interest in expanding his facility, adding employees, and adding services. Mr. Towner leases the property from Mr. Roper. Due to the expansion of FM 455 Mr. Roper is waiting until he is able to sell the ROW needed to TxDOT before he will allow any changes to the property. Therefore, this has limited Aaron’s ability to expand his business. In the meantime, he would like to add equipment. He is looking for a low interest loan in the amount of $30,000 to purchase equipment. Upon receiving direction from the board, staff has drafted a resolution stating the board’s intent to move forward with the project. Adoption of the resolution would all the board to publish public notice of the project and begin negotiating a loan and/or grant agreement with Towner Enterprises, LLC. The agreement would need EDC and City Council approval. STAFF RECOMMENDATION: Staff recommends you approve the resolution. Item No. 13 City Secretary’s use only City of Anna City Council Agenda Staff Report Council Meeting: January 11, 2011 Staff Contact: Philip Sanders Account Code #: Budgeted Amount: ________ Exhibits:  Yes  No AGENDA SUBJECT: Consider/Discussion/Action regarding pre-annexation developer agreements. SUMMARY: Councilman Geren has requested that an item be placed on the agenda to discuss and finalize any changes the Council might want to make to the pre-annexation developer agreements that were offered to the Slayter Creek Road property owners. Staff is requesting that any direction to move forward on revised developer agreements and/or future annexation proceedings be approved by a majority vote of the Council. Item No. 14 City Secretary’s use only City of Anna City Council Agenda Staff Report Council Meeting: January 11, 2011 Staff Contact: Philip Sanders Account Code #: Budgeted Amount: ________ Exhibits:  Yes  No AGENDA SUBJECT: Consider/Discuss/Action regarding placing the following on a future City Council agenda: a) Call an election to amend the Charter to change: i. the length of terms to which Council members are elected (Council Member Geren) ii. the voting privileges of the office of Mayor (Council Member Geren) SUMMARY: Council Member Geren has requested that an item be placed on a future agenda to call an election to amend the City Charter in the manner outlined above. Since we did not put money in the budget for an election this fiscal year, funding for a charter election in May would need to drawn from the contingency allocation. According to the rules previously adopted by the City Council, an item listed under Future Agenda Consideration will be placed on a future Council agenda if at least three (3) Council members vote in favor of a motion to place the item on a future agenda (Resolution 2008-01-04). Section 11.07 of the City’s Charter states that the City Council must appoint a Charter Review Commission at least once every six years. The Charter was approved in May of 2005 so a Charter Review Commission must be appointed some time this year (2011). The Commission is required to: (1) inquire into the operation of the City government under the Charter and determine whether any provisions require revision (to this end, public hearings may be held and the Commission may compel the attendance of any officer or employee of the City and require submission of any City records); (2) propose any recommendations it deems desirable to insure compliance with the Charter of the City government; and (3) report its findings and present its recommendations to the City Council. The City Council must receive and have published in the official newspaper of the City a comprehensive summary of the report presented by the Commission, must consider any Item No. 14 City Secretary’s use only recommendations made, and may order any amendments suggested to be submitted to the voters of the City in the manner provided by state law. The term of office of the Commission must be for not more than six months, at the end of which time a report must be presented to the City Council and all records of proceedings of the Commission must be filed with the City Secretary and become a public record.