HomeMy WebLinkAboutCCpkt2012-05-08CITY 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 ADDRESS
Y{OUR} iIOMETOW N
CITY OF ANNA AGENDA NOTICE —CITY COUNCIL REGULAR MEETING
May 8, 2012
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., May 8,
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.
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 ingztiry 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 inclzrde: expressions of thanks, congr°atulations, 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 Al 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.
O5-08-12 CC Regular Meeting Agenda.doc I Posted 05-04-12
5. Consent Items. These items consist of non -controversial or "housekeeping" items
required by lain. Items may be considered individually by any Council member
making such request prior to a motion and vote on the Consent Items.
a. Approve City Council Minutes for April 24, 2012 Regular Meeting.
b. Review CDC Minutes for September 1, 2011 Regular Meeting.
c. Review EDC Minutes for August 16, 2011 Special Meeting.
d. Review EDC Minutes for September 1, 2012 Regular Meeting.
e. Review EDC Minutes for December 1, 2011 Regular Meeting.
£ Approving a Resolution denying ATMOS Energy Corp., Mid -Tex
Division's requested rate change. (City Manager)
g. Approve a Resolution supporting the National Planetary Exploration
funding awareness effort (Councilman Crist)
6. Consider/Discuss/Action regarding a Resolution approving a Special Event
Permit for an outdoor concert, and an Agreement between the City and Billy's
Bar & Grill, LLC. (Maurice Schwanke)
7. (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. Anna Economic Development
Corporation, owner(s) of property, is requesting a zoning change to Planned
Development (PD) zoning to provide for Downtown Redevelopment District.
The property is currently zoned as Single Family Residential (SF) and is located
at 312 N. Powell Pkwy. (Maurice Schwanke)
(b) Consider/Discuss/Action adopting an ordinance amending the City's
Comprehensive an, Zoning Map and Zoning Ordinance and changing the
zoning of certain property. The owner(s) is requesting a zoning change to
Planned Development (PD) zoning to provide for Downtown Redevelopment
District. The property is currently zoned as Single Family Residential (SF) and is
located at 312 N. Powell Pkwy. (Maurice Schwanke)
8. Consider/Discuss/Action regarding a Resolution awarding a bid and approving a
contract for the 2012 Street Rehabilitation Project (Hackberry &Interurban Street
Rehabilitation). (James Parkman)
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.
O5-08-12 CC Regular Meeting Agenda.doc 2 Posted 05-04-12
9. 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.discuss or deliberate the purchase, exchange, lease, or value of real
property (Tex. Gov't Code §551.072; FM 455 utility easement
acquisitions.
b. 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 regarding wastewater
treatment plant fence.
c. Personnel Matters: City Attorney Annual Evaluation. (Tex. Gov't Code
§551.074).
The council further reserves the right to enter into executive session at any
time throughout any duly noticed meeting under any applicable exception
to the Open Meetings Act,
10. Consider/Discuss/Action on any items listed on any closed session occurring
during this Regular Meeting, as necessary.
11. Adjourn.
This is to certify that I, Natha Willcison, 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., May 4, 2012.
�22� �/i�ci¢ar2
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.
O5-08-12 CC Regular Meeting Agenda.doc 3 Posted 05-04-12
Council Meeting: May 8, 2012
Account Code #: N/A
Budgeted Amount:
AGENDA SUBJECT:
SUMMARY:
RECOMMENDATION:
N/A
Call to order.
Item No.1
City Secretary's use only
City of Anna
City Council Agenda
all Report
Staff Contact: Philip Sanders
Date Prepared: 5-3-12
Exhibits: ❑Yes ❑ No
Council Meeting: May 8, 2012
Account Code #: N/A
Budgeted Amount:.
AGENDA SUBJECT
SUMMARY:
RECOMMENDATION:
Item No. 2
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Philip Sanders
Date Prepared: 5-3-12
Exhibits: ❑Yes
Invocation and Pledge of Allegiance.
❑ No
i
Council Meeting: May 8, 2012
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: 5-3-12
Exhibits: ❑Yes ❑ No
AGENDA SUBJECT: Citizen Comments. Citizens ar•e 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:
Council Meeting: May 8, 2012
Account Code #: N/A
Budgeted Amount:,
N/A
Item No. 4
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Philip Sanders
Date Prepared: 5-3-12
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.
SUMMARY:
RECOMMENDATION:
Council Meeting: May 8, 2012
Account Code #: N/A
Budgeted Amount: N/A
Item No.S (a - g)
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Philip Sanders
Date Prepared: 5-3-12
Exhibits: ❑Yes ❑ No
AGENDA SUBJECT: Consent Items. These items consist of non-conh•oversial or
'housekeeping" items required by lain. Items may be considered individually by any
Council member making such request prior to a motion and vote on the Consent Items.
a. Approve City Council Minutes for Apri124, 2012 Regular Meeting.
b. Review CDC Minutes for September 1, 2011 Regular Meeting.
c. Review EDC Minutes for August 16, 2011 Special Meeting.
d. Review EDC Minutes for September 1, 2012 Regular Meeting.
e. Review EDC Minutes for December 1, 2011 Regular Meeting.
£ Approving a Resolution denying ATMOS Energy Corp., Mid -Tex
Division's requested rate change. (City Manager)
g. Approve a Resolution supporting the National Planetary Exploration
funding awareness effort (Councilman Crist)
RECOMMENDATION: Staff recommends approval of the consent items.
MINUTES OF
CITY OF ANNA AGENDA NOTICE - CITY COUNCIL WORKSHOP
April 245 2012
6:30 p.m. —Anna City Hall Administration Building
The City Council of the City of Anna will met in Workshop Session at 6:30 p.m., April
24, 2012, at the Anna City Hall Administration Building, located at I I I North Powell
Parkway (Hwy 5), regarding the following items.
1. Call to Order
Mayor Darren R. Driskell called the meeting to order at 6:30 pm.
2. Roll Call and Establishment of Quorum.
Mayor Darren R. Driskell and Council Members Milce Crist, Kevin
Anderson, Marc Hendricks, and Becky Glover were present. Council
Member John Geeen and Keith Green were absent.
3. Discussion regarding support for National Planetary Exploration
funding awareness effort. (Council Member Crist)
Council Member Crist presented this item to council for discussion.
Council Member Crist made the motion to enter closed session at 6:34 pm.
Council Member Glover 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).
b. Personnel Matters: City Attorney Annual Evaluation. (Tex. Gov't
Code §551.074).
The council further reserves the right to enter into executive session at
any time throughout any duly noticed meeting under any applicable
exception to the Open Meetings Act.
04-24-12 CC Regular Meeting minutes 1 04-20-12
Mayor Drlskell made the motion to return to open session at 6:45 pm.
Council Member Crist seconded the motion. Motion passes.
AYE 5
ABSTAIN 0
5. Discussion regarding any item on the City Council's April 249 2012
Regular Meeting Agenda Notice, which was posted at the same date, time
and place of this Workshop Agenda Notice.
No discussion.
6. Adjourn.
Mayor Driskell made the motion to adjourn at 6:45 pm. Council Member
Anderson seconded the motion. Motion passes.
AYE 5 NAY 0 ABSTAIN 0
ATTEST: APPROVED:
Natha Wilkison, City Secretary Darren R. Driskell, Mayor
04-24-12 CC Regular Meeting minutes 2 04-20-12
MINUTES OF
CITY OF ANNA AGENDA NOTICE —CITY COUNCIL REGULAR MEETING
April 24, 2012
7:30 p.m. —Anna City Hall Administration Building
The City Council of the City of Anna will met in Regular Session at 7:30 p.m., April 24,
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 Cite Secretary before the
meeting starts.
1. Call to Order.
Mayor Darren R. Driskell called the meeting to order at 7:30 pm.
2. Invocation and Pledge of Allegiance.
Mayor Driskell 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.
Mayor Driskell mentioned the ribbon cutting earlier for the completion fire station
remodel.
04-24-12 CC Regular Meeting minutes 3 04-20-12
5. Consent Items. These items consist of non -controversial or -housekeeping"
items required by law. Items may be considered individually by any Council
member making such request prior to a motion and vote on the Consent Items.
a. Approve City Council Minutes for March 29, 2012 Regular
Meeting.
b. Approve the "Yougas Property" development plat.
c. Review P & Z Minutes for January 3, 2012 Regular Meeting.
d. Review P & Z Minutes for February 6, 2012 Regular Meeting.
e. Review P & Z Minutes for March 20, 2012 Special Meeting.
Council Member Crist made the motion to approve the consent items. Council
Member Hendricks seconded the motion. Motion passes.
AYE 5
NAY 0
ABSTAIN 0
6. (a) Public Hearing: to conduct a public hearing to consider levying
assessments on the property within the FM 455 Median Break Public
Improvement District: (City Manager)
City Manager, Philip Sanders presented the item to council. Mayor Drislcell
opened the public hearing at 7633 pm. Johnny Bratcher spoke in favor of the item.
Mayor Drislcell closed the public hearing at 7:35 pm.
(b) Consider/Discuss/Action adopting an Ordinance levying assessments on
the property within the FM 455 Median Break Public Improvement District.
(City Manager)
City Manager, Philip Sanders presented the item to council. Council Member
Crist made the motion to approve. Council Member Hendricks seconded the
motion. Motion passes.
AYE 5
ABSTAIN 0
City Attorney, Clarlc McCoy noted for the record that there were no objections
lodged against the PID or the assessments.
7. (a) Public Hearing: To consider public comment on an ordinance of the city
of Anna, Texas, amending the Anna City Code of Ordinances by amending
Part II, Article III by adding regulations related to alcoholic beverages, by
amending Part III-C, Zoning Ordinance, Section 34.12 regulating location
and uses related to sale of alcoholic beverages. (Maurice Schwanke)
Maurice Schwanke, Director of Planning and Development presented the item to
council. Mayor Drislcell opened the public hearing at 7:37 pm. There was no
public comment. Mayor Driskell closed the public hearing at 7:38 pm.
04-24-12 CC Regular Meeting minutes 4 04-20-12
(b) Consider/Discuss/Action adopting an ordinance of the city of Anna,
Texas, amending the Anna City Code of Ordinances by amending Part II,
Article III by adding regulations related to alcoholic beverages; by amending
Part III-C, Zoning Ordinance, Section 34.12 regulating location and uses
related to sale of alcoholic beverages. (Maurice Schwanke)
Council Member Crist made the motion to approve. Council Member Hendricks
seconded the motion. Motion passes.
AYE 5 NAY 0 ABSTAIN 0
8. (a) To consider public comment regarding an ordinance of the City of Anna,
Texas, amending the Anna City Code of Ordinances, by amending Part III-
C; Zoning Ordinance, Section 4 Definitions and Section 35 Supplemental
District Regulations; by adding Section 35.04; a, b, and c, regarding a
Waiver of Strict Compliance of masonry content or definition for regionally
or nationally recognized commercial trademark architectural design of
structures. (Maurice Schwanke)
Maurice Schwanlce, Director of Planning and Development presented the item to
council. Mayor Driskell opened the public hearing at 7:39 pm. There was no
public comment. Mayor Driskell closed the public hearing at 7:40 pm.
(b) Consider/Discuss/Action adopting an ordinance of the City of Anna,
Texas, amending the Anna City Code of Ordinances, by amending Part III-
C; Zoning Ordinance, Section 4 Definitions and Section 35 Supplemental
District Regulations; by adding Section 35.04; a, b, and c, regarding a
Waiver of Strict Compliance of masonry content or definition for regionally
or nationally recognized commercial trademark architectural design of
structures. (Maurice Schwanke)
Council Member Crist made the motion to approve. Council Member Glover
seconded the motion. Motion passes.
NAY 0
ABSTAIN 0
9. Consider/Discuss/Action approving a Resolution regarding a waiver to the
masonry regulations. (Maurice Schwanlce)
Maurice Schwanke, Director of Planning and Development presented the item to
council. City Manager, Philip Sanders stated that this should be passed as an
ordinance and not as a resolution as in the packet. Mayor Driskell made the
motion to approve an ordinance regarding a waiver to the masonry regulations.
Council Member Hendricks seconded the motion. Motion passes.
AYE 5
NAY 0 ABSTAIN 0
04-24-12 CC Regular Meeting minutes 5 04-20-12
10. (a) Public Hearing: to consider public comment on an ordinance of the City
of Anna, Texas regarding regulations for Itinerant Vendors. (Maurice
Schwall lce)
Maurice Schwanlce, Director of Planning and Development presented the item to
council and answered questions. Mayor Driskell opened the public hearing at 7:45
pm. There was no public comment. Mayor Driskell closed the public hearing at
7:45 pm.
(b) Consider/Discuss/Action adopting an Ordinance of the City of Anna,
Texas regarding Regulations for Itinerant Vendors. (Maurice Schwanke)
Council Member Crist made the motion to approve with the changes discussed.
Council Member Glover seconded the motion. Motion passes.
AYE 5 NAY 0 ABSTAIN 0
11. Hold a Public Hearing and take appropriate action regarding the 2012
consumer price index (CPI) adjustment to municipal telecommunications
right -of --way access line rates. (City Manager)
City Manager, Philip Sanders presented the item to council. Council Member
Crist made the motion to decline. Council Member Anderson seconded the
motion. Motion passes. There was no public hearing since council was declining
the increase.
AYE 5 NAY 0 ABSTAIN 0
12. Consider/Discuss/Action regarding a Resolution approving an agreement
with Anna Fire and Rescue Auxiliary Association, Incorporated, for the
transfer of furnishings and equipment in exchange for the purchase of
furnishings and equipment for the fire station. (Chief Roma)
Anna Fire ('hief, Frank Roma presented the item to council. Mayor Driskell made
the motion to approve. Council Member Hendricks seconded the motion. Motion
passes.
AYE 5
NAY 0
ABSTAIN 0
13. Consider/Discuss/Action adopting an Ordinance amending Ordinance No.
514-2010, as amended regarding emergency management procedures. (City
Attorney)
City Attorney, Clark McCoy presented the item to council and answered
questions from council members. Eric Henson spoke on this item. Council
Member Crist made the motion to approve. Council Member Glover seconded the
04-2442 CC Regular Meeting minutes 6 04-20-t2
motion. Council Members discussed the item further. Motion passes.
AYE 3 (CM CriSt, Anderson and Glover)
NAY 2 (CM Hendricks and Mayor Drislcell)
ABSTAIN 0
Council did not enter closed session at this time.
14. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551,
the City Council may enter into closed session to discuss any items listed or
referenced on this agenda under the following exceptions:
a. consult with legal counsel regarding pending or contemplated
litigation and/or on matters in which the duty of the attorney to the
governmental body under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflicts with
Chapter 551 of the Government Code (Tex. Gov't Code §551.071).
b. Personnel Matters: City Attorney Annual Evaluation. (Tex. Gov't
Code §551.074).
The council further reserves the right to enter into executive session at
any time throughout any duly noticed meeting under any applicable
exception to the Open Meetings Act.
15. Consider/Discuss/Action on any items listed on posted agenda for April 24,
2012 City of Anna Workshop Session or any closed session occurring during
this Regular Meeting, as necessary.
Council Member Crist made the motion to take no action. Council Member
Anderson seconded the motion. Motion passes.
16. Adjourn.
Mayor Drislcell made the motion to adjourn at 8:09 pm. Council Member
Anderson seconded the motion. Motion passes.
AYE 5 NAY 0 ABSTAIN 0
ATTEST: APPROVED;
Natha Willcison, City Secretary
Darren R. Drislcell, Mayor
04-24-12 CC Regular Meeting minutes 7 04-20-12
MINUTES OF REGULAR MEETING OF THE
COMMUNITY DEVELOPMENT CORPORATION
,z
s Thursday, September 13 2011
The Anna Community Development Corporation ("CDC") of the City of Anna met at 5:06
p.m., Thursday, September 1, 2011, at the Anna City Hall Administration Building, 111
North Powell Parkway (Hwy. 5), Anna, Texas.
1. Call to Order
Gene Bowles, Vice President of CDC, called the meeting to order and the
following items were presented to the Board for its consideration after roll call
and the establishment of a quorum.
2. Roll Call and Establishment of Quorum.
Directors in attendance were: Gene Bowles, Connie Stump, Sherityn Godfrey,
and Jason Focht and John Houcek.
Directors Jason Schilli and Duane Hayes were absent.
A quorum was declared present and the floor was open for business.
Others in attendance were: Jessica Perkins, Chief Administrative Officer; and
Clark McCoy, Attorney for CDC; Sarah Cox, President of GACC; and Alice
Courtney, a new resident of Anna.
3. Invocation and Pledge
Gene Bowles gave the Invocation and led the group in the Pledge of Alliance.
4. Consider/Discuss/Action regarding adopting a resolution authorizing a
sponsorship agreement with the Greater Anna Chamber of Commerce.
The CDC historically enters into a sponsorship agreement with the GACC for the
yearly events hosted by the GACC. The events include: Glow Fest, Christmas
Parade, Golf Tournament, Annual Banquet, and July 4l" Celebration. The
sponsorship request from the Chamber is $15,000 for the year. In return, the
Chamber is required to submit a letter of intent requesting funding and provide
the CDC with benchmark requirements which include tracking attendance and
marketing data. Gene Bowles made a motion to adopt the resolution authorizing
the Chief Administrative Officer to execute a sponsorship agreement with the
GACC in the amount of $15,000 for the fiscal year with changes made to section
4.02 Christmas Parade Promotional Benchmark and section 4.03 Annual
Corporation may vote and/or net upon each of the items listed in this agenda.
2. The Corporation reserves the right to retire into executive session caiccrning 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 office of the
City Secretary at 972 QiW325 two working days prior to the meeting so that appropriate arrangements can be wade.
08-04-2011 Special CDC Minutes.doc 1
Banquet sponsorship amount. Jason Focht seconded the motion. All in favor.
Motion passes.
5. Consider/DiscusslAction regarding adopting a resolution authorizing a
sponsorship for a portion of the September 11t' memorial at Slayter Creek
Park.
This item was skipped.
6. ConsiderlDiscusslAction regarding adopting a resolution authorizing a
survey of land at Natural Springs Park.
This item was skipped
7. HOLD CLOSED SESSION OF THE BOARD OF DIRECTORS UNDER SECTIONS
551.072 AND 551.087 OF TEXAS GOVERNMENT CODE TO DISCUSS:
a. Deliberation regarding the purchase, exchange, lease or value of real
property. (Tex. Gov't Code §551.072);
b. Consult with legal counsel 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), and,
c. Discuss or deliberate Economic Development Negotiations:
(1) To discuss or deliberate regarding commercial or financial information
that the Board of Directors has received from a business prospect that the
Board of Directors seeks to have locate, stay, or expand in or near the
territory of the City of Anna and with which the Board 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).
Not Necessary.
8. Review of bills and fiscal year 2010-11 budget.
Legal feels and consulting fees were reviewed.
9. Consider/DiscusslAction regarding approving the regular meeting minutes
from August 4, 2011.
Jason Focht made a motion to accept the August 4, 2011 minutes with
corrections made to Jason Focht's last name and John Houcek's last name.
Connie Stump seconded the motion. All in favor. Motion passed.
1. The Corporation may vote and/or act upon each of the items listed in this agenda.
2. The Corporation 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 office of the
City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made.
08-04-2011 Special CDC Minutes.doc 2
10. Adjourn,
Connie Stump made a motion to adjourn at 5:30pm. John Houcek seconded the
motion. All in favor. Motion passed.
APPROVED:
�tritti C� ax,4Lri s
President of CDC
v\66
1. The Corporation may vote and/or act upon each of the items listed in this agenda.
2. The Corporation 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 office of the
City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made.
08-04-2011 Special CDC Minutes.doc 3
MINUTES OF SPECIAL MEETING OF THE
ECONOMIC DEVELOPMENT CORPORATION
` t)k'16A 01M1 1FNT
' Thursday, August 16, 2011
The Economic Development Corporation ("EDC") of the City of Anna met at 6:03 p.m.,
Thursday, August 16, 2011, at the Anna City Hall Administration Building, 111 North
Powell Parkway (Hwy. 5), Anna, Texas,
1. Cail to Carder
Connie Stump, President of EDC, called the meeting to order and the following
items were presented to the Board for its consideration after roll call and the
establishment of a quorum.
2. Roll Call and Establishment of Quorum.
Directors in attendance were: Duane Hayes, Gene Bowles, John Houcek, Connie
Stump, Sherilyn Godfrey (6:15), and Jason Focht.
Director Jason Schilli was absent (excused).
A quorum was declared present and the floor was open for business.
Others in attendance were: Jessica Perkins, Chief Administrative Officer; and
Clark McCoy, Attorney for EDC.
3. Consider/DiscusslAction adopting a Resolution authorizing execution of a
contract and finance documents for the purchase of property located at 312
North Powell Parkway.
The EDC attorney thought it best to combine the purchase, remodeling, and
refinancing into one resolution.
4. Consider/Discuss/Action adopting a Resolution authorizing the refinancing
of property owned by the Economic Development.
Gene Bowles made a motion to adopt a resolution authorizing the Chief
Administrative Officer to execute a contract for purchase of property at 312 North
Powell Parkway, financing and remodeling cost for said property, and refinancing
of an existing loan all subject to commercially reasonable financing terms,
approval as to form by the EDC's legal counsel and city council approval. Jason
Focht seconded the motion. All in favor. Motion passed.
5. Adjourn.
1. "fhe Corporation may vote andlor act upon each of the items listed in this agenda.
2. "I'he Corporation reserves the right to rciirc into executive session concerning any ol'the items listed on this agenda,
whenever it is considered necessary and Iegally,justified under the Open Meeting Ac[.
3. Persons with a disability who want to attend this meeting who may need assistance should contact the office of the
City Secretary al 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made.
0$-16-2011 Special EDC Minutes.doc 1
Jason Focht made a motion to adjourn. John Houcek seconded the motion.
Motion carried and the meeting adjourned at 6:25 p.m.
APPROVED:
Constance Ann Stump
President of EDC
ATTESTED:
5nernyn t
Secretary
I. The Corporation may vote and/or act upon each of'the items fisted in this agenda.
2. "I'hc Corporation reserves the right to retire into executive session concerning any ofthc items listed on this agenda,
whenever it is considered necessary and legally justified tinder the Open lvleeting Act.
3. Persons Nvith a disability who want to attend this mecting who may need assistance should contact the office of the
City Secretary at 972 924-3325 two working days prior to the mecting so that appropriate arrangements can be made.
08-16-2011 Special EDC Minutes.doc 2
o _VE L(Wr'AF 6T
+ r PO Nt, 1 ,j
MINUTES OF REGULAR MEETING OF THE
ANNA ECONOMIC DEVELOPMENT CORPORATION
Thursday) September 1, 2011
The Economic Development CorporationCity of Anna met at 5:31 p.m.,
Thursday, September 1, 2011, at the Anna City Hall Administration Building, 111 North
Powell Parkway (Hwy. 5), Anna, Texas,
1. Call to Order
Constance Ann Stump, President of EDC, called the meeting to order and the
following items were presented to the Board for its consideration.
2. Roll Call and Establishment of Quorum.
Directors present were: Gene Bowles, Connie Stump, John Houcek and Jason
Focht.
Directors Duane Hayes, Sherilyn Godfrey, and Json Schilli were absent
(excused).
A quorum was declared present and the floor was open for business.
Others in attendance were: Jessica Perkins, Chief Administrative Officer; and
Clark McCoy, Attorney for CDC; Sarah Cox, President of GACC.
3. Consider/Discuss/Action regarding adopting a resolution authorizing a
sponsorship agreement with the Greater Anna Chamber of Commerce.
The EDC historically enters into a sponsorship agreement with the GACC for the
yearly events hosted by the GACC. The proposed events to be sponsored
include: Glow Fest, Annual Banquet, and July 4th Celebration. The sponsorship
request from the Chamber is $15,000 for the year. In return, the Chamber is
required to submit a letter of intent requesting funding and provide the EDC with
benchmark requirements which include tracking attendance and marketing data.
Gene Bowles made a motion to adopt the resolution authorizing the Chief
Administrative Officer to execute a sponsorship agreement with the GACC in the
amount of $15,000 for the fiscal year with changes made to section 5
Compensation typo change five to "three separate payments". Jason Focht
seconded the motion. All in favor. Motion passes.
4. Consider/Discuss/Action regarding adopting a resolution authorzing and
approving a Phase 1 Environmental to be conducted at 312 North Powell
Parkway.
f .The Corporation may vote and/or act upon cacti of the items listed in this agenda.
2.The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda,
whenever it is considered necessary and legally juslifai under the C)pen Meeting Act.
3. Persons with a disability who want to attend this meeting who may need assistance should contact the office of the
City Secretary at 972 924-3325 hvo working days prior to the meeting so that appropriate arrangements can be made.
08-04-2011 Regular EDC Minutes.doc 1
Connie Stump made a motion to adopt a resolution authorizing the Chief
Administrative Office to expend funds in the amount of $1750 to Aztec
Environmental Service, Inc. for a Phase I Environmental for 312 North Powell
Parkway. Jason Focht seconded the motion. All in favor. Motion passed.
5. HOLD CLOSED SESSION OF THE BOARD OF DIRECTORS UNDER
SECTIONS 651.072 AND 561.087 OF TEXAS GOVERNMENT CODE TO
DISCUSS:
a. Deliberation regarding the purchase, exchange, lease or value of real
property. (Tex. Gov't Code §551.072),
b. Consult with legal counsel 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 651 of the
Government Code (Tex. Gov't Code §661.071); and,
c. Discuss or deliberate Economic Development Negotiations:
(1) To discuss or deliberate regarding commercial or financial information
that the Board of Directors has received from a business prospect that
the Board of Directors seeks to have locate, stay, or expand in or near
the territory of the City of Anna and with which the Board is conducting
economic development negotiations; or
(2) To deliberate the offer of a financial or other incentive to a business
prospect described by subdivision (9). (Tex. Gov't Code §551.08If.
Technology based companies.
The aforementioned was read into the record. Upon a motion by Gene Bowles,
and seconded by Jason Focht and all in favor, the Board moved into Closed
Session at 5:43 p.m. The matters set forth before the Board were discussed.
The Board returned to Open Session at 6:32p.m..
6. Review of bills and fiscal year 2010-2011 budget.
The bills reviewed were: legal fees and consulting fees.
7. Consider/DiscusslAction regarding approval of the regular meeting
minutes from August 4, 2011 and special meeting minutes from August
16, 2011.
Jason Focht made a motion to accept the August 4, 2011 minutes with
corrections made to Jason Focht's last name and John Houcek's last name.
Gene Bowles seconded the motion. All in favor. Motion carried.
8. Adjourn,
1. The Corporation may vote and/or act upon each of the items listed in this agenda.
2. The Corporation 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 office of the
City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made.
08-042011 Regular EDC Minutes.doc 2
Jason Focht made a motion to adjourn the meeting. Gene Bowles seconded the
motion. Motion carried and the meeting adjourned at 6:36 p.m.
APPROVED:
Constance Ann Sttamp
President of EDC
ATTESTED:
Sherilyn Gait
Secretary of
I. The Corporation may vote and/or act upon each orthe items listed in this agenda.
2. The Corporation reserves the right to retire into executive session concerning any ol'the items listed on this agenda,
tvhcncver it is considered necessary and legally justified under the Opcn A4ceting �1ct.
3. Persons with a disability who want to attend this meeting who may need assistance should contact the office orthe
City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made.
08-04-2011 Regular EDC Minutes.doc 3
MINUTES OF MEETING OF THE
ECONOMIC DEVELOPMENT CORPORATION
Thursday, December 1, 2011
The Economic Development Corporation {"EDC") of the City of Anna met at 5:04 p.m.,
Thursday, December 1, 2011, at the Anna City Hall Administration Building, 111 North
Powell Parkway (Hwy. 5), Anna, Texas.
1. Call to Order
Connie Stump, President of EDC, called the meeting to order and the following
items were presented to the Board for its consideration after roll call and the
establishment of a quorum.
2. Roll Call and Establishment of Quorum.
Directors in attendance were: Jason Focht, Connie Stump, Sherilyn Godfrey, and
John Houcek.
Directors absent were: Gene Bowles, Duane Hayes and Jason Schilli.
A quorum was declared present and the floor was open for business.
Others in attendance were: Jessica Perkins, Chief Administrative Officer; and
David Overcash, substituting for Clark McCoy, Attorney for EDC.
3. ConsiderJDiscussJAction regarding adopting a resolution approving a
DesignJBuild Firm far renovation of property located at 312 North Powell
Parkway and authorizing the Chief Administrative Office to execute an
agreement for same.
Jessica Perkins explained to the Directors that a bid for adesign/build firm for the
design and renovation of 312 North Powell Parkway (the old post office) was
placed on the website and in the newspaper. The only firm to respond was Level
5 Design along with J. Houser Construction. Level 5 Design meet the minimum
qualifications the board was seeking. Following Jessica Perkins' presentation, a
telephone conference was held with Justin Gilmore of Level 5 Design who
answered the Directors' questions. A plus in hiring a design/build firm is that it
saves time in bidding out each phase of the work to be done. The architect
partners with a builder, which in this case, is Houser Construction, a general
contractor. No formal study has yet been done by Justin Gilmore, in exactly how
much time is saved in hiring a design/builder vs. hiring a designer and soliciting
bids for sub -contractors to do the work. But in this particular case, 4-8 weeks
has saved in the bidding process. Design preparation by Justin Gilmore is
limited to approx. two weeks. There is no cost to the EDC in preparing of the
1.7•he Corporation may vote andlor act upon each of the items listed in this agenda.
2. The Corporation reserves the right to retire into executive session concerning any o1'(lie 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 office of the
City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made.
12-01-2011 Regular EDC Minutes.doc 1
C�
design. Justin Gilmore will prepare the design and give the EDC a guaranteed
price for the work. No money exchanges hand until the design and cost for work
is finalized.
Following the discussion, Jason Focht made a motion to adopt the resolution of
the Anna EDC approving Level 5 Design as the design/build firm for the
renovation of the property located at 312 North Powell Parkway subject to the
approval as to form by legal counsel for the EDC, final content by EDC Chief
Administrative Officer, and approval by the City Council. John Houcek seconded
the motion. Motion carried.
4. Review of bills and fiscal year 2011-2012 budget.
There were no bills to review or budget breakdown.
5. Consider/Discuss/Action regarding approving the special meeting minutes
from October 101 2011.
Not available.
Adjourn.
Jason Focht made a motion to adjourn the meeting. Sherilyn Godfrey seconded
the motion. Motion carried and the meeting adjourned at 5:47 p.m.
Consthnce Ann Stump
President of EDC
n
Sherilyn Goc
Secretary of
1. "1'Ic Corporation may vote andlor act upon each of the items listed in this agenda.
2, 'fhe Corporation reserves the right to retire into executive session concerning any ol'the items listed on this agenda.
whenever it is considered neccssnry 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 office of the
City Secretary at 972 9243325 two working days prior to the meeting so that appropriate arrangements can be made.
12-01-2011 Regular EDC Minutes.doc 2
X{OUR} HOR�tETOW PT
Council Meeting: May 8, 2012
Account Code #:
Budgeted Amount:
Item No. L. I
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: City Manager
Exhibits: X Yes ❑ No
AGENDA SUBJECT: Consider a Resolution denying ATMOS Energy Corp., Mid -Tex
Division's requested rate change.
SUMMARY: The City, along with over 150 other cities served by Atmos Energy Corp.,
Tex Division ("Atmos Mid -Tex" or "Company"), is a member of the Atmos Cities Steering
Committee ("ACSC" or "Steering Committee"). On or about January 31, 2012, Atmos Mid -Tex
filed with the City a Statement of Intent to increase rates within the City.
Background
In 2003, TXU Gas filed a statewide rate case which became known at the Railroad
Commission of Texas ("RRC") as as Utilities Docket ("GUD") No. 9400. That same year the
Texas Legislature passed legislation referred to as the Gas Reliability Infrastructure Program
("GRIP") which authorized annual piecemeal rate reviews that Texas courts have concluded
significantly restrict city jurisdiction, participation, and input. Shortly after GUD No. 9400 was
decided in 2004, Atmos Energy purchased TXU Gas and created what is known as Atmos
Energy Corp., Mid -Tex Division. The City is within the Atmos Mid -Tex Division.
Atmos Mid -Tex filed four GRIP cases before filnlg a traditional rate case in September,
2007. As part of ACSC's Settlement Agreement with Atmos of the 2007 rate case, ACSC and
Atmos created a substitute process for annual piecemeal GRIP cases. That substitute process
was called a Rate Review Mechanism ("RRM") and was intended as an expedited but
comprehensive rate review that included a number of fixed values and constraints. The RRM
was intended as a three-year experiment. Last year, it was extended for a fourth year with some
slight modifications to the original formulas. ACSC negotiated with Atmos in the final quarter
of last year to further extend the RRM process, but no agreement was reached. Atmos has
expressed a desire to reach a settlement of the January 31, 2012 filing that includes a revised
UW process.
Discussion and Purpose
Atmos Mid -Tex filed a Statement of Intent on January 31, 2012, seeking to increase
system -wide base rates (which exclude the cost of gas) by approximately $49 million or 11.94%.
However, the Company is requesting an increase of 13.6%, excluding gas costs, for its
residential customers. Additionally, the application would change the way that rates are
collected, by increasing the residential fixed -monthly (or customer) charge from $7.50 to $18.00
and decreasing the consumption charge from $0.25 per 100 cubic feet ("ccf ') to $0.07 per ccf.
Item No. 5 f
City Secretary's use only
ACSC engaged attorneys and consultants to review Atmos Mid-Tex's proposed rate
increase. Additionally, the ACSC cities (including the City of Anna) passed suspension
resolutions earlier this year, extending the effective date of Atmos Mid-Tex's proposed rate
increase to June 4, 2012, in order to permit the cities time to review Atmos Mid-Tex's Statement
of Intent. During their review, ACSC's consultants found justification that Mid-Tex's rates
should be decreased. On April 25, 2012, the Company extended the effective date of its
proposed rate change, which similarly extended cities' jurisdictional deadline to June 11, 2012.
ACSC and the Company have engaged in some settlement discussions but have not yet
reached agreement. ACSC is hoping to achieve settlement with the Company in order to
perpetuate the RRM process. The ACSC Settlement Committee therefore recommends denial of
the Company's proposed rate increase rather than a rate decrease to facilitate further settlement
discussions. The resolution prevents the Company's proposed rates from automatically going
into effect on June 11. The Company has expressed a desire for settlement while an appeal from
the cities' denial of the rate increase is pending at the RRC. Should a settlement be reached, the
City may be required to pass an ordinance setting new rates pursuant to the settlement.
The purpose of the resolution is to deny Atmos Mid-Tex's proposed rate increase
pending further settlement discussions and to prevent Atmos' proposed rate increase from
automatically taking effect on June 11, 2012.
Explanation of "Be It Resolved Paragraphs"
Section 1. The paragraph denies the Company's proposed rate increase.
Section 2. This provision provides that the Company shall continue to charge its
existing rates to its customers within the City.
Section law, the Company must reimburse the cities for their reasonable rate
case expenses. Legal counsel and consultants approved by ACSC will present their invoices to
the City of Arlington which will then seek reimbursement from Atmos Mid -Tex. The City will
not incur liability for payment of rate case expenses by adopting a denial resolution.
Section 4. This section merely recites that the resolution was passed at a meeting that
was open to the public and that the consideration of the resolution was properly noticed.
Section 5. This section provides that both Atmos Mid-Tex's designated
representative and counsel for ACSC will be notified of the City's action by sending a copy of
the approved and signed resolution to certain designated individuals.
RECOMMENDATION: The City Staff recommends adoption of the resolution denying
Atmos Mid-Tex's proposed rate increase.
RESOLUTION NO.
RESOLUTION OF THE CITY OF
ATMOS ENERGY CORP., MID-TEX
DENYING
DIVISION'S
("ATMOS MID-TEX") REQUESTED RATE CHANGE;
REQUIRING THE COMPANY TO REIMBURSE THE
CITY'S REASONABLE RATEMAKING EXPENSES;
FINDING THAT THE MEETING AT WHICH THIS
RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS
REQUIRED BY LAW; REQUIRING NOTICE OF THIS
RESOLUTION TO THE COMPANY AND ACSC'S LEGAL
COUNSEL
WHEREAS, the City of ,Texas ("City") is a gas utility customer of Atrnos
Energy Corp., Mid -Tex Division ("Atmos Mid -Tex" or "Company"), and is a regulatory
authority under the Gas Utility Regulatory Act ("GURA") and under Chapter 104, §104.001 et
seq. of GURA, has exclusive original jurisdiction over Atmos Mid-Tex's rates, operations, and
services within the City; and
WHEREAS, the City is a member of the Atmos Cities Steering Committee ("ACSC"), a
coalition of over 150 similarly situated cities served by the Company that have joined together to
facilitate the review and response to natural gas issues affecting rates charged in the Atmos Mid -
Tex Division; and
WHEREAS, pursuant to the teens of the agreement settling the Company's 2007
Statement of Intent to increase rates, ACSC and the Company worked collectively to develop a
Rate Review Mechanism ("RRM") tariff that allows for an expedited rate review process
controlled in a three-year experiment by ACSC as a substitute to the current GRIP process
instituted by the Legislature; and
WHEREAS, ACSC and the Company agreed to extend the RRM process in reaching a
settlement in 2010 on the third RRM filing; and
WHEREAS, in 2011, ACSC and the Company engaged in good faith negotiations
regarding the continuation of the RRM process, but were unable to come to ultimate agreement;
and
WHEREAS, on or about January 31, 2012, the Company filed a Statement of Intent with
the cities retaining original jurisdiction within its Mid -Tex service division to increase rates by
approximately $49 million; and
WHEREAS, Atmos Mid -Tex proposed March 6, 2012, as the effective date for its
requested increase in rates; and
2070343.1
WHEREAS, the City suspended the effective date of Atmos Mid-Tex's proposed rate
increase for the maximum period allowed by law and thus extended the City's jurisdiction until
June 4, 2012; and
WHEREAS, on April 25, 2012, the Company extended the effective date for its proposed
rates by one week, which similarly extended the City's jurisdiction until June 11, 2012; and
WHEREAS, the ACSC Executive Committee hired and directed legal counsel and
consultants to prepare a common response to the Company's requested rate increase and to
negotiate with the Company and direct any necessary litigation; and
WHEREAS, ACSC's consultants conducted a review of the Company's requested rate
increase and found justification that the Company's rates should be decreased, and
WHEREAS, ACSC and the Company have engaged in settlement discussions but will be
unable according to Company representations to reach settlement in sufficient time for cities to
act before June 11, 2012; and
WHEREAS, failure by ACSC members to take action before June 11, 2012 would allow
the Company the right to impose its full request on residents of said ACSC members; and
WHEREAS, the ACSC Settlement Committee recommends denial of the Company's
proposed rate increase in order to continue settlement discussions pending the Company's appeal
of cities' denials to the Railroad Commission of Texas; and
WHEREAS, the GURA � 103.022 provides that costs incurred by cities in ratemaking
activities are to be reimbursed by the regulated utility.
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
TEXAS:
1. That the rates proposed by Atmos Mid -Tex to be recovered through its gas rates
charged to customers located within the City limits, are hereby found to be unreasonable and
shall be denied.
2. That the Company shall continue to charge its existing rates to customers within
the City and that said existing rates are reasonable.
3. That the City's reasonable rate case expenses shall be reimbursed by the
Company.
4. That it is hereby officially found and determined that the meeting at which this
Resolution is passed is open to the public as required by law and the public notice of the time,
place, and purpose of said meeting was given as required.
2070343.1 2
5. A copy of this Resolution shall be sent to Atmos Mid -Tex, care of David Park,
Vice President Rates & Regulatory Affairs, at Atmos Energy Corporation, Mid -Tex Division,
5420 LBJ Freeway, Suite 1862, Dallas, Texas 75240, and to Geoffrey Gay, General Counsel to
ACSC, at Lloyd Gosselink Rochelle & Townsend, P.C., P.O. Box 1725, Austin, Texas 78767-
1725.
PASSED AND APPROVED this
Mayor
ATTEST:
City Secretary
APPROVED AS TO FORM:
City Attorney
day of , 2012.
2070343.1 3
Lloyd
Gossefink
A '1' 10 li \ F Y 5 A '1' L. A N'
Mc Gay's Direct Line: (512) 322-5875
Email: ggay@lglawfirm.com
TO: Atmos Cities Steering Committee Members
FROM: Geoffrey M. Gay
Georgia Crump
Eileen McPhee
DATE: April 30, 2012
816 Congress Avenue, Suite 1900
Austin, Texas 78701
Telephone: (512) 322-5800
Facsimile: (512) 472-0532
www.lglawfirm.com
RE: Denial Resohition For Atmos Mid-Tex's Requested Rate Increase
Background on Atmos Mid -Tex Rate Case
On January 31, 2012, Atmos Energy Corporation, Mid -Tex Division ("Atmos Mid -Tex"
or "Company") filed with Atmos Cities Steering Committee ("ACSC") city members that
exercise original jurisdiction a request for a rate increase in excess of $49 million. ACSC
members passed resolutions suspending the effective date of the proposed increase to allow
ACSC attorneys and consultants to study the request. A summary of the consultants' findings is
attached as Exhibit A. The ACSC Settlement Committee has met with Company officials to
negotiate a settlement. While ACSC has given the Company a settlement offer, Atmos Mid -Tex
does not want to provide a written offer before the expiration of city jurisdiction on June 11,
2012.
Timing of City Action
ACSC members with original jurisdiction suspended the proposed effective date of
March 6, 2012, extending city jurisdiction until June 4, 2012. On April 25, 2012, the Company
extended its effective date by a week, which similarly extended the June 4, 2012 deadline to June
11, 2012. It does not appear that settlement could be achieved within a time frame that would
allow the City to take action prior to June 11, 2012. Thus, ACSC members are encouraged to
pass a denial resolution. Atmos Mid -Tex has promised to support the action which does not
preclude a subsequent settlement. If settlement is achieved, ACSC will return to member cities
with a request for approval of the settlement.
2557/17/2056489
April 30, 2012
Page 2
Recommendation and Explanation of Denial Resolution
The ACSC Settlement Committee recommends the ACSC cities pass resolutions denying
Atmos Mid-Tex's proposed rate increase. The denial resolution will prevent the Company's
proposed rate increase from automatically taking effect on June 11, 2012, and allow more time to
engage in settlement discussions. Atmos will appeal your denial to the Railroad Commission
which will trigger a 185-day time frame for action by the Commission. Settlement will
hopefully occur before a hearing takes place. Please contact Geoffrey Gay if you have any
questions or concerns.
2056489.1
Exhibit A
to Increase Rates`
Following a review of the Company's 2012 Statement of Intent, ACSC consultants found
justification for an approximately $77 million decrease to the Company's requested revenue,
resulting in a $23 million decrease to the current rates charged by Atmos Mid -Tex. ACSC
consultants' recommendation for a rate decrease is based upon the following major components:2
• Lowering the Company's return on equity from 10.9% to 9.5%, resulting in a revenue
requirement decrease of over $30 million
• Removing the Company's improper post-test year adjustment to add plant from January
to March 2012, resulting in a revenue requirement decrease of approximately $5 million
• Removing the Company's proposal for an energy efficiency plan to be funded only by
ratepayers, resulting in a revenue requirement decrease of over $1 million
• Various adjustments to accumulated deferred income tax, resulting in a revenue
requirement decrease of approximately $10 million
• Recognizing new depreciation rates as filed by the Company (without adjustment by
ACSC consultants), resulting in a revenue requirement decrease of approximately $15
million
• Various adjustments to the Company's requested level of operating and maintenance
(O&M) expense, resulting in a revenue requirement decrease of over $8 million
• Reducing rate base to account for ratepayer supplied funds relating to other post -
employment benefits (FASB 106), resulting in a revenue requirement decrease of over
$8 million
• Cap residential customer charge instead of Atmos' requested $18.00.
' All figures are adjustments resulting in a revenue requirement impact to Atmos' filed case system -wide. Factoring
out Dallas, the ACSC cities would see slight decreases in the numbers listed above.
� Please note that the adjustments listed are on a stand-alone basis, and may have a different impact when combined
with the other adjustments.
2070345.1
Item No.
City Secretary's use only
a
City of Anna
City Council Agenda
Staff Report
X{OU�i} HOMETOW N
Council Meeting: May 8, 2012 Staff Contact:
Account Code #:
Budgeted Amount: Exhibits: ❑ Yes ❑ No
AGENDA SUBJECT: Approve a Resolution supporting the National Planetary Exploration
funding awareness effort.
SUMMARY: The Southwest Research Institute (SwRI) is an independent, nonprofit applied
research and development organization. SwRI-Boulder's Departments of Space Studies and
Space Operations are sponsoring the National Planetary Exploration Car Wash and Bake Sale on
Saturday June 9, 2012 in order to draw media attention to the cuts to NASA's planetary
exploration budget and the need to repair them. The attached Resolution expresses support for
the for National Planetary Exploration Car Wash and Bake Sale and calls upon the United States
Congress to restore funding that has been cut from NASA's planetary exploration budget.
CITY OF ANNA, TEXAS
[ =to kw7>LMA 0 CW7 KM W[Wa
A RESOLUTION OF THE CITY OF ANNA, TEXAS SUPPORTING THE NATIONAL
PLANETARY EXPLORATION FUNDING AND AWARENESS EFFORT.
WHEREAS, the Southwest Research Institute (SwRI) is an independent, nonprofit applied
research and development organization; and
WHEREAS, SwRI's Planetary Science Directorate in Boulder, CO conducts basic
observational, modeling and theoretical research in a wide range of solar system and
astrophysical topics, and is active in the scientific and instrumentation components of several
space missions; and
WHEREAS, SwRkBoulder's Departments of Space Studies and Space Operations are
sponsoring the National Planetary Exploration Car Wash and Bake Sale (the "Event") on
Saturday June 9, 2012 in order to draw media attention to the cuts to NASA 's planetary
exploration budget and the need to repair them; and
WHERAS, the City Council of the City of Anna, Texas (the "City Council") recognizes the
historical contributions of the American space program and the continuing value of NASA's
planetary exploration projects;
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. Support for the Event.
The City Council hereby expresses its support for the for National Planetary Exploration Car
Wash and Bake Sale and calls upon the United States Congress to restore funding that has
been cut from NASA 's planetary exploration budget.
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 8th day of
May 2012.
ATTEST:
APPROVED:
Natha Wilkison, City Secretary Mayor, Darren R. Driskell
CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 1
'K{OUR} HOMETOW N
Council Meeting: May 8, 2012
Account Code #:
Item No. 6
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Chief Jenks
Budgeted Amount: Exhibits: X Yes ❑ No
AGENDA SUBJECT: Consider/Discuss/Action regarding a Resolution approving a Special
Event Permit for an outdoor concert, and an Agreement between the City and Billy's Bar &
Grill, LLC,
SUMMARY: On April 24, the City received a special event permit application for an outdoor
concert planned for May 25 from noon until mid -night at Billy's Bar & Grill located at 7522
Sam Rayburn Hwy (SH 121). The estimated attendance at the concert is 1,000 people. Because
of the limited size of the Billy's Bar property (only 1 acre), staff requested some additional
information about how the event sponsors proposed to handle parking, traffic, and crowd control
during the event. We also requested that the applicant provide all the submittal requirements that
were not included with the initial 2 page application. On May 1 Staff received some additional
information from the applicant which is currently being reviewed.
RECOMMENDATION: The additional application materials we received on May lSt are still
under review. Until we complete our review, we are unable to make an informed
recommendation. After approval of the permit (if the Council is so inclined) the applicant is
required to sign a Special Event Agreement with the city that memorializes all of the conditions
of the permit and releases the City from any liability (Anna Code, Park I1, Article 47, Section
4.04). Because we just received the application materials, the proposed Agreement is still in
draft and is not available as of the writing of this report.
Attachments:
Permit Application (pages 1 & 2 received on April 24; pages 3-7 received on May 1)
Applicant's site plan (received on May 1)
Special Event Rules provided to the applicant
Resolution
CITY OF ANNA, TEXAS
RESOLUTION NO.
RESOLUTION REGARDING THE APPROVAL OF A SPECIAL EVENT PERMIT FOR
AN OUTDOOR CONCERT AND AN AGREEMENT BETWEEN THE CITY OF ANNA
AND BILLY'S BAR & GRILL, LLC
WHEREAS, Billy's Bar &Grill LLC has submitted a Special Event Permit application to
conduct an outdoor concert on May 25, 2012; and
WHEREAS, the City of Anna Parks Board has reviewed the application and has made a
recommendation to the City Council of the City of Anna, Texas (the "City Council")
regarding the Special Event Permit; and
WHEREAS, according to Anna City Code of Ordinances, Part II, Article 47, Section
4.04, upon approval of a Special Event Permit, the applicant and the City shall enter into
a Special Event Agreement (the "Agreement) which, among other terms, will release
and hold harmless the City from any liability for the Special Event;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS THAT:
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. Approval of Special Event Permit
The City Council hereby approves the Special Event Permit application attached hereto
as EXHIBIT 1, incorporated herein for all purposes, subject to proper execution by the
permit applicant of the Agreement attached hereto as EXHIBIT 2, incorporated herein
for all purposes.
Section 3. Approval of Special Event Agreement
The City Council hereby approves the Special Event Agreement attached hereto as
EXHIBIT 2, incorporated herein for all purposes and authorizes the City Manager to
execute same on its behalf.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 8cn
day of May 2012.
APPROVED:
Darren R. Driskell, Mayor
ATTEST:
Natha Wilkison, City Secretary
CITY OF ANNA, TEXAS RESOLUTION NO._ PAGE 1 OF 1
Planning and Development Debt.
101 N. Powell Pkwy
Anna, TX 75409
972-924-3325
Reservation Tune Block:
�1cc� to - t--�� r�,-a :i'_�. •�'�
Type of Activity (explain purpose of activity):
Estimated Number of People Attending Activity: --
Reservation Location: -tvs•7 z Sc,t Q.� �CJ�ct,. \\`r
Will Food and/or Beverages be on -site for the activity? Yes O No
Will Alcohol be served or sold? ayes El No (if yes, include request letter)
If yes, please indicate who the vendors are (food and drinks):
Please identify all other activities &structures (bounce house, tents, music, sports, games, etc):
Appiicant agrees that this indemnity agreement is intended to be as broad and
inclusive as is permitted by the laws of the state of Texas, and that if any portion is
held invalid, then it is agreed that the balance shall, notwithstanding, continue in full
legal force and effect,
I do solemnly swear (or affirm) that all the answers given and statements made on this
application and supporting documents are full, true, and correct to the best of my
knowledge and beliefs. I have been given a copy of the Anna City Code ordinance Part II,
Article 47 and have read the provisions contained therein and agree to abide by them.
Applicant N
Sign
Date:
Submittal Requirements:
U)
1. Completed application with signatures and contact information.
a? 2. Submit application fee ($50) and deposit ($300). (Ord. No. 4M2008; Checks payable to the City
of Anna)
Cr
3. Map of Event area.
4. List of food and beverage vendors and/or copy of current license from vendor.
E 5. Statement of Intent to obtain Insurance and/or Proof of Insurance. ( A copy of the Certificate
of Insurance is due a minimum of one week before event start elate)
Date A lication & De osit Received $300
: Date Application Fee Received $50 :
Received By:
Received By:
Cash or Check #
Cash or Check #
Receipt M
Receipt #1
Required Documents Rec'd.
❑ Completed Application ❑ Insurance
❑ Food Vendor List ❑ Sound System ❑ Map
❑ Alcohol Request (optional)
El Other,
El Other,
❑ Approved by:
❑Permit Issued Date:
Assign Date of Parks Board Review of Application:
(put date in blank) and notify Applicant.
To Whom it May Concern:
Re: Billy's Bar and Grill
Please be advised that I, Mary Valverde, agree to allow Joe PolanCo, lessor, to occupy the property at
7522 Sam Rayburn Hwy, Anna, TX 75409 in its entirety. The designated parking lot will be utilized for
patrons to occupy during the Charlie Daniels Band Concert scheduled for Friday, May 25, 2012 between
the hours of 4 pm and midnight. The area will have a control barrier along the perimeter of the
property, for alcoholic consumption. Security will implement all rules and regulations. Insurance policies
will name Mary Valverde, as additional insured as per agreement between both parties. If you have any
questions please contact me at (214)733-9275.
Sincerely,
Mary Valver �—
Cc:1oe Polanco
City of Anna
TABC
To Whom It May Concern:
Re: Billy's Bar and Grill
Please be advised that I, Mary Valverde, agree to allow toe Polanco, to occupy the property at 7882 CR
513, Anna TX 75409 for parking on Friday, May 25, 2012. The property will be utilized strictly for parking
and only authorized individuals designated by Billy's Bar and Grill, are permitted on the premises.
Insurance policies will Warne Mary Valverde, as additional insured as per agreement between both
parties. If you have any questions, please contact me at (214)733-9275.
Sincerely,
Mary Valverde
Cc:1oe Polanco
City of Anna
BMy's Bar and Grill, LLC
7522 Sam Rayburn Hwy
Anna, TX 75409
Re: Special Permit
Friday, May 25, 2012
4 prn —Midnight
(1) Please be advised that Westminster Fire Department Personnel will be on site to handle all
medical issues
(b) Incase of severe weather, Billy's Bar, as well as 12456 TX 121, Anna TX 75409(First aid
station will be utilized for a safe haven.
(2) Please be advised that we are currently working with TXDOT's Mohammad Khoshkar (972)547-
2341 in reference to closing FM 2862 in five minute intervals to accommodate patrons as well as
parking issues.
3 ease see ri ustratron ex ibrt 1. Street involved FM2862
(4) Currently in contact with Westminster Fire Chief Sam Greer, looking to coordinate with Anna PD
as soon as TXDOT issues are resolved.
(5) Please see illustration exhibit #2
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PECIAL EVENT RULES
Booths, Tents, or Canopies:
If your event will include any tents or canopies, please provide a copy of the "Certificate of
Fire Retardant" for each such device when submitting the permit application. All booths
that will be cooking on -site, must meet all applicable fire codes for the City of Anna. Fire
extinguishers must be supplied and are required for entry.
Food and Beverages:
All vendors must be in compliance with all state and local laws. A copy of appropriate
licenses should be on site during the event. The Applicant shall provide with this
application a list of all food and beverage vendors participating in the event so that the
vendors can be pre -approved through the County Health Department.
Alcoholic Beverages:
Alcohol consumption or sales is prohibited on City property including parks,
a public street, sidewalk or parking area adjacent to a public park, unless expressly
authorized by the written permission of the City Council authorizing consumption of
alcohol in a City Park in connection with an approved Special Event.
Security, Crowd Control, and Traffic Control:
The applicant may be required to provide police officers for security, crowd control, and
traffic control at the Special Event. Expenses for the Officers will be paid by the event
organizers. The total number of police officers working the Special Event is determined by
the City of Anna Police Chief. Planning variables include: the estimated number of people,
the availability of alcoholic beverages, topography and size of the event, weather
conditions, the time of day during which the Special Event is held, the need for street
closures or re-routing of vehicular or pedestrian traffic, and the history of the Special Event.
Insurance:
Insurance is required for all special events at which the attendance is estimated at over 250
people. It may be required for events with fewer people if food or alcohol is sold or given
away or activities are of a physical nature that would warrant insurance. The City reserves
the right to review and determine amount of coverage required based on level of activity at
the Special Event.
Each policy will name the City of Anna as an additional insured and a copy of the Certificate
of Insurance will be submitted to City Hall one week before the event start date.
Indemnity Agreement:
As a condition of the Special Event Permifi being issued, the Applicant acknowledges
that he/she has voluntarily applied for a Special Event Permit that in consideration of
the privileges associated therewith, Applicant agrees to PROTECT, DEFEND,
INDEMNIFY, and HOLD HARMLESS, the City of Anna, its officers, agents, and
employees, from and against any claim, proceeding, cause of action, judgment,
penalty, or any other cost or expense arising or growing out of , associated or in
connection to the Special Event. The indemnification includes, but is not limited to,
losses, damage, or liability on account of injury, death or otherwise, to any person or
damage to any property, arising from any negligent act, error or omission of the
undersigned, its officers, employees or agents, arising out of, resulting from, or
caused by any act occurring as a result of the exercise of the privileges granted by
this permit.
Council Meeting: May 8, 2012
Account Code #: N/A
Budgeted Amount: N/A
Item No. 7 (a & b)
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Maurice Schwanlce
Date Prepared: OS/02/12
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. Anna Economic Development Corporation,
owner(s) of property, is requesting a zoning change to Planned Development (PD) zoning
to provide for Downtown Redevelopment District. The property is currently zoned as
Single Family Residential (SF) and is located at 312 N. Powell Pkwy. (Maurice
Schwanlce)
(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 to Planned Development (PD) zoning to
provide for Downtown Redevelopment District. The property is currently zoned as
Single Family Residential (SF) and is located at 312 N. Powell Pkwy. (Maurice
Schwanlce)
SUMMARY: The old post office building has been purchased by the Anna Economic
Development Corporation. This property was used as a commercial structure; however, the
zoning was never changed. As such as we move forward we would like to have the zoning on the
land in conformance with our Comprehensive Plan, our Downtown Revitalization Plan, and the
intended use for the property. At this time the intended use is office space.
The facility at this location is currently being remodeled for office use. The basic structure is not
changing as well as the site plan is remaining in effect except for some ADA, landscaping, and
sidewalk improvements. A front elevation facelift is also being constructed.
PLANNING AND ZONING ACTION: This will be acted on at the Planning and
Zoning Commission Meeting on May 7tn.
RECOMMENDED ACTION: The Staff is in support of this zoning change and is
recommending approval.
CITY OF ANNA, TEXAS
EDC Building Zoning
"Planned Development" ("Pl)
312 North Powell Parkway
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, this property is within and considered as part of the Downtown Redevelopment
District; 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 on the land described in Exhibit A from "SF-1" to "PD —Downtown
Redevelopment District". The Planned Development shall include the following elements:
1 Permitted Uses
(a) SALES AND SERVICES.
(1) Antique Store
(2) Art Supply Shop
(3) Bakery Shop
(4) Barber Shop
(5) Beauty shop
(6) Book store
(7) Computer and computer supply sales
Ord. -2012 Zoning Chang EDC property
1
OS-08-12
(b)
(6) Copy services
(9) Day spa and salon
(10) Delicatessen
(11) Department store
(12) Drug store
(13) Dry-cleaning/Laundry establishments
(14) Fitness/work out gym
(15) Firearms & Accessories, retail sales
(16) Florist
(17) Food markets, grocery / convenience store
(18) Gift shop
(19) Health food store
(20) Hobby shop
(21) Ice cream & candy store
(22) Internet or Cyber Cafe
(23) Jewelry Shop / Sales
(24) Magazine and news stores
(25) Music and video stores
(26) Night Club
(27) Office supply stores
(28) Pet & Supply stores
(29) Photographic stores / studio / supply
(30) Radio and Broadcasting Studios
(31) Restaurant
(32) Shoe sales / repair shop
(33) Sporting goods stores
(34) Stationery stores
(35) Tailors
(36) Travel agencies
(37) Tobacco / Smoke shop
(38) Toy stores
(39) Variety stores
(40) Watch and clock sales and services
SERVICES PERSONAL AND PUBLIC
(1) Bank
(2) Banquet Hall
(3) Business school
(4) Credit union
(5) Library
(6) Lodge, club, and fraternal organizations
(7) Massage Therapy Services
(8) Martial arts instruction
(9) Municipal Buildings or Facilities
(10) Offices:
a. Administrative
Ord. -2012 Zoning Chang EDC property 2
OS-08-12
Do Business
c. General
d. Medical
(11) Incidental storage and office uses, provided such uses are clearly incidental to the
retail sale of products on the premises.
(12) Radio and TV broadcasting studios and offices
(13) Reading room
(14) Financial services and title companies
(15) Meeting halls.
(c) CULTURAL USES
(1) Art supply stores and galleries
(2) Artist, music and dance studios
(3) Performing arts theater
(d) Any use not specifically listed above shall be allowed subject to determination by the
Director of Planning and Development.
2 Property Development Standards
The following property development standards shall apply to all land and structures in this "PD"
Planned Development District.
(a) LOT AREA. No minimum area.
(b) LOT DIMENSIONS. No minimum dimensions.
(c) POPULATION DENSITY. Na.
(d) BUILDING HEIGHT. Newly constructed buildings will be a minimum of 2 stories, or 20
feet in height, whichever is the greater height.
(e) YARDS. None required.
(f) SPACE BETWEEN BUILDINGS. No requirements.
(g) LOT COVERAGE. Up to 100% of the lot area may be developed.
(h) FENCES, HEDGES, AND WALLS. Fencing to be wrought iron or tubular steel,
alternate materials may be approved by the Development Director.
Ord. -2012 Zoning Chang EDC property 3 OS-08-12
4 Design Characteristics &Urban Form
The following additional property development standards shall apply to all structures and
projects in the "PD" Planned Development District.
(a) Design Expectations
(1) Design expectations are established to create and achieve a vibrant, livable,
walkable, economically viable and sustainable community. Through these design
expectations the city's physical form is shaped, giving it personality and
enhancing its character. The design expectations have been built upon best
practices and industry standards for contextual design.
(2) No structure shall be built or altered, including exterior changes in color,
materials, and signage except upon approval of the Planning and Development
Department.
(3) All businesses, services, and other primary activities shall be conducted within a
completely enclosed structure, except for parking and loading spaces. Rooftop
restaurants with outdoor dining are the exception.
(4) For new construction the building frontage must occupy 80% of the length of the
primary lot line, with a maximum front set back of 5', except if it is served by
features such as outdoor eating area, plazas, arcades, etc.
(5) The area between 2' to 8' of the primary building frontage shall consist of a
minimum of 50% transparent elements.
(6) A primary building entrance shall be maintained on the ground floor of the
primary building frontage or facade.
(7) An unobstructed view at street intersections is necessary for the safety of
pedestrian and approaching vehicles traveling on City streets. The unobstructed
view corridor may be modified based upon the existing condition of a specific
location condition as determined by the Director of Planning and Development
and the Public Works Director.
(8) Other design features:
a. Marquees over entrances or covered entrance canopies not more than ten
feet in width may extend from entrances to the abutting sidewalk.
b. Pedestrian oriented signage as determined by the Director of Planning and
Development.
c. Outdoor pedestrian level lighting on building frontages.
d. Sidewalk — Maintain minimum width along the pedestrian right -of --way,
including meeting minimum ADA standards.
(10) Building Materials. Standards shall apply to New Non-residential buildings.
a. Exterior: Brick, stone, cast stone, Exterior Insulation and Finish System
(EIFS - but not less than 15 feet above grade), stucco, and architectural
(not construction grade).
b. Roofing: Flat roofs shall be concealed with parapets. Pitch roofs, if
provided, shall have a minimum pitch of 9/12. Gable roofs, if provided,
Ord. -2012 Zoning Chang EDC property 4 OS-08-12
an have a minimum pitch of 6/12. Asphalt shingles, industry approved
synthetic shingles, standing seam metal or tile roofs are allowed
(11) Trash &Mechanical Equipment. The provisions of Part III C Section 40 of the
Anna Code, Screening of Mechanical Equipment shall apply.
(12) Awnings and Overhanging Eaves. May be permitted to project into the public
right -of --way along the street frontage, provided the following conditions are met:
a. Awnings or overhanging eaves shall not project closer than 4 feet from the
face of the curb.
b. Awnings or overhanging eaves shall provide a minimum of 9 feet
clearance above grade and comply with building code requirements
(Figure 1).
c. No poles or supporting columns are allowed within the street right -of --way.
d. The following materials are approved for the construction of awnings and
overhanging eaves: industry accepted metal, canvas and woven vinyl.
FIGURE 1
(13) Landscape and Screening Standards.
The landscaping and screening standards as described in Part III-E, Landscape
Regulations, shall apply with the following exceptions:
a. Minimum Width of Landscape Setback, Minimum Width of Landscape
Setback, shall not apply.
Ord. -2012 Zoning Chang EDC property 5 OS-08-12
b. Street Trees. Street trees shall be required along all public street
frontages.
(I) A minimum 12 feet streetscape fiom the back of curb shall be
required. If the required right-of-way dedication is less than 12 feet
from the back of curb to the property line, the additional area shall
be provided on private property through a landscape easement.
(2) Streetscape shall include a minimum 4 feet wide strip for street
trees or planters and a minimum 8 feet wide sidewalk(Figure 2). If
trees are planted adjacent to the street at the back of the curb, a
vertical root barrier is required to keep pavement from cracking.
(3) Street trees shall be a minimum 7 feet in height and 34nch
caliper at time of planting.
(4) Street trees shall be limited to the following species:
Live Oak Quercus fusiformis
Cedar Elm Ulmus crassifolia
Chinese Pistachio Pistacia chmensis
(5)
(6)
31t?E�ALK
Chinquapin Oalc Quecus muhlenbergii
Winged Elm Ulmus alata
Lacebark Ulmus parvifolia
Shumard Oak Quercus shumardii
When the trees are established (usually after three years of
planting), those located in or adjacent to the sidewalk shall be
trimmed so that there is a minimum clearance of 8 feet between the
sidewalk and the lowest branches.
Street trees shall generally be spaced at 30 feet on center, but in no
case greater than 40 feet apart.
strut try atrh,,
min, 4'�0" wide,
sp9csd 604wwsan
20' to 30'
BuK»r
FIGURIJ 2
�IDEF'dALft
street try strip,
-min.
Bi,Heet1 t70ti#,3�ti
2'te 30'
Ord. -2012 Zoning Chang EDC property 6 OS-08-12
min. 8'A" �rride
SIDEWALK
s4E°ip,
t�ida,
horn
Ep'
5 Access and Parking Requirements
(a) OFF-STREET PARKING
(1) a. Amla Code Part III C
apply. Instead, the following
apply.
min. 6'-0" wicb
SIDEWALK
Free strEp,
wide,
d 6ehveen
rb
Section 38, Parking Space Regulations shall not
Schedule of Off -sheet Parking Standards shall
Schedule of Off -Street Parkin
A.
NON-RESIDENTIAL
The non-residential parking standard shall be
one-third of the standard required by Anna
Code Part III C Section 38.
b. When parking is provided, required parking spaces for the disabled shall
be provided for in accordance with TDLR regulations.
c. Parking can be built as a private improvement in public right-of-way.
Section 2. All provisions of the City of Anna Zoning Ordinance not in conflict with the
provisions of this ordinance shall pertain to the property described herein.
Section 3. The official Zoning Map of the City of Anna shall be corrected to reflect the change
in zoning described herein.
Section 4. All ordinances of the City of Anna in conflict with the provisions of this ordinance
are repealed to the extent of that conflict.
Ord. -2012 Zoning Chang EDC property 7 05-08-12
Section 5, 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 ay of May, 2012.
ATTESTED:
City Secretary, Natha Wilkison
APPROVED:
Mayor, Darren R. Driskell
Ord. -2012 Zoning Chang EDC property 8 OS-08-12
EXHIBIT A
Legal Description
to Planned Development
LEGAL DESCRIPTION
BEING a tract of land situated in the Henry Brantley Survey, Abstract
No. 71, City of Anna, Collin County, Texas, and being all of a 0.359 acre
tract as conveyed to Russell Lambert and wife Carolyn Lambert and recorded in
Volume 4624, Page 1949, Deed Records of Collin County, Texas and being more
particularly described by metes and bounds as follows:
BEGINNING at a capped 1/2" iron rod set for corner at the intersection
of the east Right Of Way line of Powell Parkway / State Highway No. 5 (80'
ROW) and the South Right Of Way line of lst Street (80' ROW);
THENCE S 88010155" E following the south ROW line of lst Street a
distance of 125.04' to a capped 1/2" iron rod set for corner;
THENCE S 00025'16" W a distance of 125.04' to a capped 1/2" iron rod set
for corner;
THENCE N 88010'55" W a distance of 125.04' to a capped 1/2" iron rod set
for corner in the east ROW line of Powell Parkway / S.H. No. 5;
THENCE N 00025'16" E following the east ROW line of Powell Parkway /
S.H. No. 5 a distance of 125.04' to the POINT OF BEGINNING and containing
15,630 square feet or 0.359 acres of land.
Ord. -2012 Zoning Chang EDC property 9 OS-08-12
EXHIBIT 13
(Concept Plan)
W. sst STREET
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ARCHITECTURAL S/TEPLAN
M. ,,2012 Zoning Chang EDC property 10 05-08-12
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,
May 8, 2012 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
(SF1) zoning. The owner is requesting a zoning change to Planned
Development (PD) zoning to provide for Downtown Redevelopment District. The
property is located at 312 N Powell Parkway.
Copies of the rezoning request, including a map of the property generally described
aboveI 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.
X{OUR} FIOMETOWN
Council Meeting: May 8, 2012
Item No. 8
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: James Parls,man
Account Code #: 10-580-6933
Budgeted Amount: $100,000 Exhibits: X Yes ❑ No
AGENDA SUBJECT: Consider/Discuss/Action regarding a Resolution awarding a bid and
approving a contract for the 2012 Street Rehabilitation Project (Hackberry & Interurban Street
Rehabilitation),
SUMMARY: In the FY 2012 Budget the City Council allocated $100,000 for a street
improvement project. This year's program includes the reconstruction of Hackberry Lane from
Highway 5 (Powell Pkwy.) east to Riggins Street, and Interurban Street from Hackberry Lane
south to First Street. Bids were opened on April 26 where a total of six bids were received as
shown on the attached Bid Summary sheet. The low bid was submitted by C E Cook & Sons.
Inc. or Roanoke, Texas in the amount of $62,351.00.
RECOMMENDATION: Our consulting engineer has checked references provided in the bid,
and has found that C E Cools, & Sons. Inc. has a record of satisfactorily completing projects
similar to this project; and they appear to have the necessary equipment and appropriate financial
means to properly pursue this work. Staff recommends approval of the attached Resolution
which awards the construction contract to the lowest responsible bidder C E Cools, & Sons, Inc.
in the amount of $62,351.00
Attachments:
Engineer's Bid Award Recommendation
Bid Summary
Resolution
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE
CITY MANAGER TO ACT ON THE CITY'S BEHALF IN EXECUTING A CONTRACT WITH
C E COOK & SONS, INC. FOR THE 2012 STREET REHABILITATION PROJECT
(HACKBERRY & INTERURBAN STREET REHABILITATION).
WHEREAS, the City of Anna, Texas (the City) FY 2012 Budget has allocated $100,000 for a
street improvement project; and,
WHEREAS, the City staff has recommended that the funds be used to rehabilitate a portion
of Hackberry Lane and Interurban Street (the "Project"); and,
WHEREAS, the City Council of the of the City of Anna, Texas (the City Council) authorized
the Staff to solicit competitive bids for the Project; and,
WHEREAS, the City, having solicited competitive bids in accordance with State law, opened
said bids on April 26, 2012; and,
WHEREAS, C E Cook &Sons, Inc. is the apparent low bidder having submitted a bid of
$62,351.00; and,
WHEREAS, the City Council desires to award the Project bid to and execute a contract with
C E Cook & Sons, Inc. for construction of the Project;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated.
The recitals above are incorporated herein as if set forth in full for all purposes.
Section 2. Approval and Authorization of Contract.
The City Council hereby approves the Contract attached hereto as Exhibit 1 for the 2012
Street Rehabilitation Project (Hackberry Lane & Interurban Street Rehabilitation), and
authorizes, ratifies and approves the City Manager's execution of same. The City Manager
is hereby authorized to execute all documents and to take all other actions necessary to
finalize, act under, and enforce the Contract.
CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 2
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 8'" day of
May 2012.
ATTEST:
APPROVED:
Natha Wilkison, City Secretary Mayor, Darren R. Driskell
CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 2 OF 2
BIRJ&H4FF, 11ENJJK1UXS & CARTER, L.L.P.
PROFESSIONAL ENGINEERS
11910 Greenville Ave., Suite 600 Dallas, 'texas 75243 Fax (214) 461-8390
JOHN W, f31RY.HOFF, P.E.
GARY C. HENDRICKS, P.E.
JOE R. CARTER, P.F..
PAULA. CARLINE, P.E.
MATT HICKEY, P,E,
ANDREW MKTA, JR., P.E.
JOSEPH T`, GRAJEWSKI, III, P.E.
Mr. Philip Sandell
City Manager
City of Anna
P, O. Box 776
Anna, Texas 75409
Re: Hackberry Street Rehabilitatiol�
Bid Award Recommendation
Dear IVIr. Sandel•s:
May 1, 2012
Phone(214)361-7900
We have checked the bids received at 2:00 p.m, Thursday April 26, 2012 far the Hackberry Street
Rehabilitation Project. We are enclosing sic (6) copies each of the Tabulation of Bids and the Bid Sun•Imazy.
The low bid was submitted by C E Cook & Sons, Inc, of Roanoke, Texas in the amount of $62,351.000
'We have checked references provided and hzad that C E Cook &Sons, Inc, has a record of satisfactorily
completing projects similar to this project; and they appear to have the necessary equipment and appropriate
financial means to properly pursue this work. Accordingly, based on the information we have available to us,
,ve reconunend the City award a eonstnzction contract to the lowest responsible bidder C E Cook & Sons, Inc.
in the amount of $62,351.00.
We are available to discuss our reconunendationaid this project further at your convenience,
S/i�ncerely yours
,
Craig M, Kerkhoff, P.E.
Enclosures
Cc: Ms. Natha WilkisoJ�
Mr. James Parkman
Texas AnlericrrJl Public YT'orlts.�ssociation 20I1 Awardee
EnviJ•ornnental Project of the Pem• $2-$10 �1lilHoll —Columbian PuJllp Slatiotl Rehabilitations
j:ldetirnNanna�20f2-1022012 strcYt ithab\teticrs�k�bidreconuuendation.dacx TCfi(7S F7J711 FS26
CITY OF ANNA, TEXAS
2012 Street Rehabilitation Project
Hackber><y & Interurban Street Rehabilitation
BID SUMMARY
Bids Received at 2:00 p.m., Thursday, April 26, 2012
Contractor Total Amount Bid
1. C E Coolc &Sons, Inc.
P. O. Box 1155
Roanoke, Texas 76262 $ 62,35I.00
2. West Texas Rebar Placers, Inc.
10209 Piano Road, Suite 101
Dallas, Texas 75238 $ 64,774.00
3. Lynn Vessels Construction, LLC
P. O. Box 1212
Sherman, Texas 75091 $ 79,892.27
4. Quality Excavation, Ltd.
5700 Highway 377
Aubrey, Texas 76227 $ 80,325.00
5. LDM Design & Consf�uction
3824 Cedar Springs #516
Dallas, Texas 75219 $ 845895.84
6. Overland Services, Inc.
P. O. Box 1845
Addison, Texas 75001 $ 90,337.00
J:\ClericariAnna\2012-102 2012 Strect Rchab\Spas\Tech•SpecU!-PfiBS-2,xlsx
Council Meeting: May 8, 2012
Account Code #: N/A
Budgeted Amount: N/A
Item No.9
City Secretary's use only
City of Anna
City Council Agenda
all Report
Staff Contact: Philip Sanders
Date Prepared: 5-3-12
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.discuss or deliberate the purchase, exchange, lease, or value of real
property (Tex. Gov't Code §551.072; FM 455 utility easement
acquisitions,
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 regarding wastewater
treatment plant fence.
b. Personnel Matters: City Attorney Annual Evaluation. (Tex. Gov't Code
§551.074)0
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,
SUMMARY:
RECOMMENDATION:
Council Meeting: May 8, 2012
Account Code #: N/A
Budgeted Amount: N/A
Item No. 10
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Philip Sanders
Date Prepared: 5-3-12
Exhibits: ❑Yes ❑ No
AGENDA SUBJECT: Consider/Discuss/Action on any items listed on posted
agenda for May 8, 2012 City of Anna Workshop Session or any closed session occurring
during this Regular Meeting, as necessary.
SUMMARY:
RECOMMENDATION:
izoxR�rowN
Council Meeting: May 8, 2012
Account Code #: N/A
Budgeted Amount: N/A
AGENDA SUBJECT: Adjourn.
SUMMARY:
Item No. 11
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Philip Sanders
Date Prepared: 5-3-12
Exhibits: ❑Yes ❑ No
RECOMMENDATION: Staff recommends a motion to adjourn.