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HomeMy WebLinkAboutCCpkt2014-08-26y{O�Jg} gOMETOW N CITY OF ANNA AGENDA NOTICE -CITY COUNCIL WORKSHOP August 26, 2014 6:30 p.m. — Anna City Hall Administration Building The City Council of the City of Anna will meet in Workshop Session at 6:30 p.m., August 26, 2014 at the Anna City Hall Administration Building, located at I I I N. Powell Parkway (Hwy 5), regarding the following items, 1. Call to Order. 2. Roll Call and Establishment of Quorum. 3. Presentation of the American Legion Firefighter and Paramedic of the Year Award. (Council Member Dowd) 4. Introduction and Presentation by Anna ISD Superintendent. 5. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: A . consult with legal counsel regarding pending or contemplated gation 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 4551.071); b. discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); acquisition of right -of --way, easements, and land for municipal facilities; c. discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of 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. 08-26-14 CC Workshop Meeting Agenda.doc 1 Posted 08-22-14 Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). Tex. Gov't Code .551.087 ); proposed residential and retail developments; d. discuss or deliberate personnel matters: City Secretary Annual Review and update Update; City Manager Annual Review, Boards and Commissions.(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. 6. Consider/Discuss/Action on any items listed on posted agenda for August 26 2014 City of Anna City Council Regular Meeting or any Closed Session occurring during this Workshop, as necessary. 7. Adjourn. This is to certify that 1, Natha Willcison, City Secretary, posted this agenda at a place readily accessible to the public at the Anna City all and on the City all bulletin board at or before 5:00 p.m., August 22, 2014. Natha Wilkison, City Secretary 1. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924- 3325 two working days prior to the meeting so that appropriate arrangements can be made. 08-26-14 CC Workshop Meeting Agenda.doc 2 Posted 08-22-14 YOUR; HOMETOWN Council Meeting: August 26, 2014 ITEM NO. .3 WS City Secretary use only City of Anna City Council Agenda Staff Report Staff Contact: Chief Gothard Account Code #: Budgeted Amount: Exhibits: ❑ Yes x No AGENDA SUBJECT: American Legion Firefighter & Paramedic of the Year Award. SUMMARY: The local American Legion Post representative Mr. Dowd asked for some local nominees for Firefighter & Paramedic of the Year awards. Due to past performance & dedication I submitted the names of: Firefighter Johnny Smith for Firefighter of the Year and Captain Chuy Eaton for Paramedic of the Year. RECOMMENDATION: Council Meeting: August 26, 2014 Account Code #: N/A Budgeted Amount: AGENDA SUBJECT: SUMMARY: RECOMMENDATION: Item No. 4 W S City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 8-20-14 Exhibits: ❑Yes ❑ No Introduction and Presentation by Anna ISD Superintendent. CITY COUNCIL MEETING SIGN IN SHEET DATE: Please sign -in as a record of attendance. All persons desiring to address the council are requested to sign below and fill out an Opinion/Speaker Registration Form.. Please hand the Opinion/Speaker Registration Form to the City Secretary prior to the start of the City Council Meeting, ADDRESS 2� wl �YJe�b��rn� U 3/7 l9� a2rry e,� Gjo 42 N l c 2y^or � 1 S 61r� t/4, I I c CITY OF ANNA AGENDA NOTICE —CITY COUNCIL REGULAR MEETING August 26, 2014 7:30 p.m. —Anna City Hall Administration Building The City Council of the City of Anna will meet in Regular Session at 7:30 p.m., August 26, 2014, at the Anna City Hall Administration Building, located at 111 North Powell Parkway (Hwy 5), to consider the following items. Welcome to the City Cozrncil 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 Cozrncil is unable to respond to or discuss any issues that are brought up during this section that are not on the agenda, other than to make statements of specific factual information in response to a citizen's inquiry or to recite existing policy in response to the inquiry. 4. Receive reports from Staff or the City Council about items of community interest. Items of community interest include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen (but not including a change in status of a person's public office or public employment); a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. 1. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924- 3325 two working days prior to the meeting so that appropriate arrangements can be made. 08-26-14 CC Regular Meeting Agenda.doc 1 Posted 08-2244 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 July 22, 2014 City Council Regular Minutes. b. Approve July 29, 2014 City Council Special Minutes. c. Approve August 12, 2014 City Council Regular Minutes. d. Review EDC Minutes of May 1, 2014 ad June 5, 2014. e. Review CDC Minutes of May 1, 2014 and June 5, 2014. f. Approve a budget amendment to the EDC's current fiscal year budget. (Jessica Perkins) g. Approve a budget amendment to the CDC's current fiscal year budget. (Jessica Perkins) h. Review Quarterly Investment Report. (Clayton Fulton) i. Approve Mayor's memo to EDC and CDC Boards. j. Approve a resolution authorizing execution of an amended performance agreement with Empowered Training Centre, LLC and approving a line of credit utilizing the funds in the Revolving Loan Fund program for Empowered Training Centre, LLC. (Jessica Perkins) 6. Public Hearing: For City Council to hear public comment on the proposed 2014 Tax Rate. (Clayton Fulton) 7. Consider/Discuss/Action regarding Fiscal Year Budget. (Clayton Fulton) a Ordinance amending the 2013-2014 8. Consider/Discuss/Action regarding a Resolution changing certain street names in North Pointe Crossing. (Maurice Schwan(e) 9. (a) Public Hearing: To consider public comments on a request by owners of the property to change zoning from SF-1 (Single Family Residential) and Planned Development to Planned Development for Downtown Re- development. The property is generally located north of Second Street and west of North Powell Pkwy. (Maurice Schwanke) (b) Consider/Discuss/Action regarding an ordinance to change zoning from SF-1 (Single Family Residential) and Planned Development to Planned Development for Downtown Re -development. The property is generally located north of Second Street and west of North Powell Pkwy. (Maurice Schwanke) 1. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any 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. 08-26-14 CC Regular Meeting Agenda.doc 2 Posted 08-22-14 10. (a) Public Hearing: To consider public comments on a request by Durrie L Caldwell and Leland R Caldwell, owners of property, to change the existing Planned Development Single Family Residential zoning by (Ordinance No. 80-2003) to potential Residential with town homes, garden homes and/or apartments; and 10 acres to (C1) Restricted Commercial. The subject property is located on west White Street, west of the Oak Hollow subdivision and south of West White Street. The tract is approximately 51 acres of land.(Maurice Schwanke) (b) Consider/Discuss/Action regarding an ordinance to change the existing Planned Development zoning (Ordinance No. 80-2003) to potential Residential with town homes, garden homes and/or apartments; and 10 acres to Cl) Restricted Commercial. The subject property is located on west White Street, west of the Oak Hollow subdivision and south of West White Street. The tract is approximately 51 acres of land. (Maurice Schwanke) 11. Consider/Discuss/Action regarding an Ordinance abandoning a portion of Sixth Street. (Maurice Schwanke) 12. Consider/Discuss/Action regarding a Resolution approving the Jonic Addition. (Maurice Schwanke) 13. Consider/Discuss/Action regarding a Resolution casting votes in the Texas Municipal League Intergovernmental Risk Pool Board of Trustees Election. (City Manager) 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. discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); acquisition ofright-of--way; easements; and land for municipal facilities; c. discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development 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. 08-26-14 CC Regular Meeting Agenda.doc 3 Posted 08-22-14 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 1551.087); proposed residential and retail developments; d. discuss or deliberate personnel matters: City Secretary Annual Review and Update; City Manager Annual Review; Boards and Comm 1ssions.(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 August 26, 2014 Workshop Session or any closed session occurring during this Regular Meeting, as necessary. 16. Adjourn. This is to certify that I, Natha Wilkison, City Secretary, posted this agenda at a place readily accessible to the public at the Anna City Hall and on the City Hall bulletin board at or before 5:00 p.m. August 22, 2014. Natha Wilkison, City Secretary 1. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924- 3325 two working days prior to the meeting so that appropriate arrangements can be made. 08-26-14 CC Regular Meeting Agenda.doc 4 Posted 08-22-14 i Y(OUn} iiOMBTOWN Council Meeting: August 26, 2014 Account Code #: N/A Budgeted Amount: AGENDA SUBJECT SUMMARY: RECOMMENDATION: N/A Call to order. Item No. I City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 8-20�14 Exhibits: ❑Yes ❑ No Council Meeting: August 26, 2014 Account Code #: N/A Budgeted Amount: AGENDA SUBJECT: SUMMARY: RECOMMENDATION: N/A Item No. 2 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 8-20�14 Exhibits: ❑Yes ❑ No Invocation and Pledge of Allegiance. Y{OUR} IIOMFTOWN Council Meeting: August 26, 2014 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: 8-20w14 Exhibits: ❑Yes ❑ No AGENDA SUBJECT: Citizen Comments. Citizens are allowed 3 minartes to speak. The Council is unable to respond to or discuss any issues that are brought up during this section that are not on the agenda, other than to make statements of specific factual information in response to a citizen's inquiry or to recite existing policy in response to the inquiry. SUMMARY: RECOMMENDATION: YiOUR; IiOMRTOWN Council Meeting: Sanders Account Code # August 26, 2014 N/A Budgeted Amount: N/A Item No. 4 City Secretary's use only City of Anna City Council Agenda an Report Staff Contact: Philip Date Prepared: 8-20�14 Exhibits: ❑Yes ❑ No AGENDA SUBJECT: Receive reports from Staff or the City Council about items of community interest. Items of community interest include: expressions of thanks, congratulations, or condolence, information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen (but not including a change in status of a person's public office or public employment); a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. YOUR; HOMETOWN Council Meeting: August 26I 2014 Account Code #: N/A Budgeted Amount: N/A Item No. 5 (am City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 8-20-14 Exhibits: Q Yes ❑ No AGENDA SUBJECT: Consent Items. TlTese 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 07-22-14 City Council Regular Minutes. b. Approve 07-29-14 City Council Special Minutes. c. Approve 0842-14 City Council Regular Minutes. d. Review EDC Minutes of May 1, 2014 ad June 5, 2014. e. Review CDC Minutes of May 1, 2014 and June 5, 2014. £ Approve a budget amendment to the EDC's current fiscal year budget. (Jessica Perkins) g. Approve a budget amendment to the CDC's current fiscal year budget. (Jessica Perkins) h. Review Quarterly Investment Report. (Clayton Fulton) i. Approve Mayor's mdmo to EDC and CDC Boards. j. Approve a resolution authorizing execution of an amended performance agreement with Empowered Training Centre, LLC and approving a line of credit utilizing the funds in the Revolving Loan Fund program for Empowered Training Centre, LLC. (Jessica Perkins) RCCOMMI;NDATION: Staff recommends approval of the consent items. MINUTES OF CITY OF ANNA AGENDA NOTICE - CITY COUNCIL WORKSHOP July 229 2014 6:30 p.m. —Anna City Hall Administration Building The City Council of the City of Anna met in Workshop Session at 6:30 p.m., July 22, 2014, at the Anna City Hall Administration Building, located at 111 N. Powell Parkway (Hwy 5), regarding the following items: 1. Call to Order. Mayor Mike Crist called the meeting to order at 6:30 pm. 2. Roll Call and Establishment of Quorum. Mayor Mike Crist and Council Members Lauren Lovato, John Beazley, Nathan Bryan and Dick Dowd were present. Council Members James T. Cook and Chad Barnes were absent. 3. Br•iefing/Discussion regarding the FY 2015 Draft Budget. (Clayton Fulton) Clayton Fulton, Director of Finance presented the FY 2015 Draft Budget and answered question. Council Member Bryan made the motion to enter closed session at 6:49 pm. Council Member Dowd seconded the motion. Motion passes. I ABSTAIN 0 4. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code 551.071); b. discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); acquisition of right-of- way, easements, and land for municipal facilities; c. discuss or• deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or• financial information that the City has received from a business prospect 07-22-14 CC Workshop Meeting Minutes.doc 1 07-22-14 that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code &551.087 proposed residential and retail developments; d. discuss or deliberate personnel matters: City Secretary Update; Boards and Commissions.(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. Council Member Bryan made the motion to return to open session at 7:28 pm. Council Member Lovato seconded the motion. Motion passes. AYE 5 NAY 0 5. Consider/Discuss/Action on any items listed on posted agenda for July 22 2014 City of Anna City Council Regular Meeting or any Closed Session occurring during this Workshop, as necessary. Council Member Bryan made the motion to take no action. Council Member Dowd seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 6. Adjourn. Council Member Lovato made the motion to adjourn at 7:29 pm. Council Member Bryan seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 ATTEST: APPROVED: Natha Wilkison, City Secretary Mike Crist, Mayor 07-22-14 CC Workshop Meeting Mimrtes.doc 2 07-22-14 MINUTES OF CITY OF ANNA AGENDA NOTICE — CITY COUNCIL REGULAR MEETING July 22, 2014 7:30 p.m. — Anna City Hall Administration Building The City Council of the City of Anna met in Regular Session at 7:30 p.m., July 22, 2014, at the Anna City Hall Administration Building, located at 111 North Powell Parkway (Hwy 5), to consider the following items. Welcome to the Cit}� Council Meeting. Please sign the Sign -In -Sheet as a r ecor d of attendance. If you wish to speak on an open -session agenda item please fill out the Opinion/Speaker Registration Form and turn it in to the City Secretary before the meeting starts. 1. Call to Order. Mayor Mike Crist called the meeting to order at 7:30 pm. 2. Invocation and Pledge of Allegiance. Mayor Mike Crist 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 rip 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 honor•iny 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. None 07-22-14 CC Regular Meeting Minutes.doc 1 07-22-14 5. Consent Items. These items consist of non -controversial of "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 June 24, 2014. b. Approve City Council Minutes for July 8, 2014. c. Approve a Resolution regarding a Subdivision Improvement Agreement for Oak Hollow, Phase 6A. (Maurice Schwanke) d. Review P & Z Minutes of June 2, 2014. Mayor Crist asked that item 5 (c) be removed for discussion. Council Member Bryan made the motion to approve consent items 5 (a, b and d). Council Member Dowd seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 Maurice Schwanke, Director of Planning and Development presented the item to council and answered questions. Council Member Bryan made the motion to approve Item 5 (c). Council Member Dowd seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 6. (a) Public Hearing: To hear public comment on land use assumptions and capital improvement plan for proposed adoption of roadway impact fees and presentation by staff regarding same. (Maurice Schwanke) Maurice Schwanke, Director of Planning and Development presented the item to council and answered questions. Mr. Schwanke introduced the City's Consulting Engineer, Gary Birkhoff, who reviewed the Capital Improvement Plan. Mayor Crist opened the public hearing at 7:46 pm. No public comments were made. Mayor Crist closed the public hearing at 7:46 pm. (b) Consider/Discuss/Action approving a Resolution adopting Roadway Land Use Assumptions and Roadway Capital Improvement Plan. (Maurice Schwanke) Council Member Bryan made the motion to approve. Mayor Crist seconded the motion. Motion passes. 7. Consider/Discuss/Action regarding approving a Resolution setting date for Roadway Impact Fee Public Hearing Date of September 9, 2014. (Maurice Schwanke) Maurice Schwanke, Director of Planning and Development presented the item to council and answered questions. Council Member Lovato made the motion to approve. Mayor Crist seconded the motion. Motion passes. 07-22-14 CC Regular Meeting Minutes.doc 2 07-22-14 AYE 5 NAY 0 ABSTAIN 0 8. (a) Public Hearing: To consider public comments regarding an ordinance amending the Anna Code of Ordinances by amending Part III- C (Zoning Ordinance), Section 35 by adding Section 35.05(f)5) (Masonry Content). (Maurice Schwanke) Maurice Schwanke, Director of Planning and Development presented the item to council and answered questions. Mayor Crist opened the public hearing at 7:53 pm. There was no public comment. Mayor Crist closed the public hearing at 7#54 pm. (b) Consider/Discuss/Action regarding an ordinance amending the Anna Code of Ordinances by amending Part III-C (Zoning Ordinance), Section 35 by adding Section 35.05(f)5) (Masonry Content). (Maurice Schwanke) Council Member discussed the item and asked for more pictures representing the complaints being received regarding this issue. Mayor Crist opened the public hearing at 7:58 pm. The public hearing will be continued at the next regular scheduled meeting on August 12, 2014. Council Member Bryan made the motion to table this item. Council Member Beazley seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 9. Consider/Discuss/Action regarding the approval of a resolution approving a special event application submitted by Karen Adams, owner of Daddy Rex's Twisted Barbeque representing the "Anna Athletic Booster Club" concerning the request to have a "Fundraiser 5K and Family 1K fun walk on Saturday, September 20, 2014 from (10:00 a.m. to 9:00 p.m. starting at Slayter Creels Park (route Attached). (Maurice Schwanke) Maurice Schwanke, Director of Planning and Development presented the item to council and answered questions. Karen Ahrens, owner of Daddy rex's Twisted Barbeque spoke in favor of the special event. Council Member Lovato made the motion to approve. Council Member Beazley seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 10. Consider/Discuss/Action regarding a Resolution approving a Development Agreement with Fellowship of Plano. (City Manager) Philip Sanders, City Manager presented the item to council and answered questions. Council Member Bryan made the motion to approve. Council Member Dowd seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 07-22-14 CC Regular Meeting Minutes.doc 3 07-22-14 11. Consider/Discuss/Action regarding a Resolution finding a public necessity and authorizing the use of eminent domain to condemn private property owned by Troy Queen and Floella Queen and/or others for a sewer and trail easement. (City Manager) Philip Sanders, City Manager presented the item to council and answered questions. Mayor Crist made the motion "I move that the City of Anna, Texas authorize the use of the power of eminent domain to acquire 0.187 acres of land, more or less, in the Joseph Schluter Survey, Abstract No. 856, City of Anna, Collin County, Texas, said tract described in a deed to Troy Queen and wife, Floella Queen, recorded in Volume 5707, Page 4433 of the Official Public Records of Collin County, Texas (OPRCCT), said 0.187 acres of land being more particularly described by the metes and bounds description set forth in Exhibit "A" to this resolution, which I incorporate in full into my motion, for a sewer and trail easement." Council Member Bryan seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 12. Consider/Discuss/Action regarding a resolution finding a public necessity and authorizing the use of eminent domain to condemn private property owned by Troy Queen and Floella Queen and/or others for public right- of-way associated with alterations to Ferguson Parkway. (City Manager) Phillip Sanders, City Manager presented the item to council and answered questions. Mayor Crist made the motion "I move that the City of Anna, Texas authorize the use of the power of eminent domain to acquire 0.574 acres of land, more or less, in the Joseph Schluter Survey, Abstract No. 856, City of Anna, Collin County, Texas, said tract described in a deed to Troy Queen and wife Floella Queen, recorded in Volume 5707, Page 4433 of the Official Public Records of Collin County, Texas (OPRCCT), said 0.574 acres of land being more particularly described by the metes and bounds description set forth in Exhibit "A" to this resolution, which I incorporate in frill into my motion, for roadway right-of-way." Council Member Dowd seconded the motion. Motion passes. AYE 5 ilk FAWN 1 ' ► 1 13. Consider/Discuss/Action regarding appointments/reappointments to the Planning and Zoning Commission. (City Council) Mayor Crist presented the item to council Mayor Crist made the motion to reappoint Tiffany Burleson, Place 2; Justin Burr, Place 4, and Darrin Colombo, Place 6. Council Member Bryan seconded the motion. Motion passes. FAVO AYE 5 NAY 0 07-22-14 CC Regular Meeting Minutes.doc 4 07-22-14 14. Consider/Discuss/Action regarding appointments /reappointments to the Park Advisory Board. (City Council) Mayor Crlst presented the item to council. Mayor Crist made the motion to reappoint Rachel Lyon, Place 4. Council Member Lovato seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 Mayor Crist requested this item be placed on the next agenda. 15. Consider/Discuss/Action regarding appointments/reappointments to Anna Economic Development Corporation. (City Council) Mayor Crist presented the item to council. Applicants introduced themselves and answered questions from council members. Council Member Lovato made the motion to enter closed session at 8:30 pm. Mayor Crist seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 Council Member Dowd made the motion to return to open session at 8:56 pm. Council Member Lovato seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 Council Member Lovato nominated Jeffrey Sykes for Place 2. Mayor Crist seconded the nomination. Motion fails. AYE 2 NAY 3 ABSTAIN 0 Council Member Bryan nominated Doug Hermann for Place 2. Council Member Dowd seconded the motion. Motion passes. Doug Hermann will serve in Place 2. NAY 0 ABSTAIN 0 Council Member Beazley nominated Stan Carver for Place 2. Council Member Bryan seconded the motion. Motion fails. No vote taken. Mayor Crist nominated Connie Stump, Place 4 and Sherilyn Godfrey, Place 6 for reappointment. Council Member Beazley seconded the nomination. Council Member Bryan nominated Jeffrey Sykes for Place 6. Council Member Dowd seconded the nomination. Connie Stump, Place 4 was reappointed by a vote of: AYE 5 NAY 0 ABSTAIN 0 07-22-14 CC Regular Meeting Minutes.doc 5 07-22-14 Jeffrey Sykes Place 6 was appointed by a vote of: AYE 5 Sherilyn Godfrey was not reappointed by a vote o£ AYE 1 NAY 4 ABSTAIN 0 16. Consider/Discuss/Action regarding appointments/reappointments to Anna Community Development Corporation. (City Council) Mayor Crist presented the item to council. Mayor Crist made the motion to appoint Doug Hermann to Place 2. Council Member Beazley seconded the motion. Motion passes. AYE 5 NAY 0 Mayor Crist nominated Connie Stump Place 4 for reappointment and Jeffrey Sykes place 6 for appointment. Council Member Bryan seconded the nominations. AYE 5 NAY 0 ABSTAIN 0 17. Consider/Discuss/Action regarding appointments/reappointments to the Board of Adjustments. (City Council) Mayor Crist presented the item to council. There were no applicants at this time. This item will be brought back for council consideration on their next agenda. Council did not go into closed session at this time. 18. 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 5� 51.071); b. discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); acquisition of right-of- way; easements; and land for municipal facilities; c. discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect 07-22-14 CC Regular Meeting Minutes.doc 6 07-22-14 that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code 551proposed residential and retail developments; d. discuss or deliberate personnel matters: City Secretary Update; Boards and Commissions.(Tex. Gov't Code, 551.074). The council further rese>r•ves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. 19. Consider/Discuss/Action on any items listed on posted agenda for July 22, 2014 Workshop Session or any closed session occurring during this Regular Meeting, as necessary. Council Member Bryan made the motion to take no action. Council Member Lovato seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 20. Adjourn. Council Member Beazley made the motion to adjourn at 9:07 pm. Counctl Member Lovato seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 ATTEST: APPROVED: Natha Wilkison, City Secretary Mike Crist, Mayor 07-22-1A CC Regular Meeting Minutes.doc 7 07-22-14 MINUTES OF CITY OF ANNA AGENDA NOTICE — CITY COUNCIL SPECIAL MEETING/BUDGET WORKSHOP July 299 2014 6:30 p.m. —Anna City Hall Administration Building The City Council of the City of Anna met in Special Session/Budget Workshop at 6:30 p.in., July 29, 2014, at the Anna City Hall Administration Building, located at I I I North Powell Parkway (Hwy 5), to consider the following items. Welcome to the City Coamcil Meeting. Please sign the Sign-Irr-Sheet as attendance. If you ivish to speak on an open -session agenda item please Opinion/Speaker° Registration Form and turn it in to the 00) Secretary 1. Call to Order. Mayor Milce Crist called the meeting to order at 6:30 pm. 2. Roll call and establishment of a quorum. bef Mayor Mike Crist and Council Members Lauren Lovato, John Beazley, Chad Barnes, Nathan Bryan and Dick Dowd were present. Council Member James T. Cook was absent. 3. Workshop: Briefing/Discussion regarding FY 2014-2015 Budget. Clayton Fulton, Director of Finance presented the item to council and answered questions from council members. 4. Consider/Discuss/Action regarding a Resolution setting the date and time for a Public Hearing on the proposed 2014-15 City of Anna Budget. (Clayton Fulton) Clayton Fulton, Director of Finance presented the item to council. Council Member Beazley made the motion to approve. Council Member Barnes seconded the motion. Motion passes. Council Member Barnes made the motion to enter closed session at 8:00 pm. Mayor Crist seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 07-29-14 CC Special MeetingJBudget Workshop Minutes.doc 1 07-29-1A 5. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. Discuss or deliberate personnel matters: City Manager Annual Review (Tex. Gov't Code §551.074). The council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. Council Member Bryan made the motion to return to open session at 8:15 pm. Council Member Lovato seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 6. Adjourn. Council Member Lovato made the motion to adjourn at 8:16 pm. Council Member Beazley seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 ATTEST: APPROVED: Natha Wilkison, City Secretary Mike Crist, Mayor 07-29-14 CC Special Meeting/Budget Workshop Minutes.doc 2 07-29-14 MINUTES OF CITY OF ANNA AGENDA NOTICE - CITY COUNCIL WORKSHOP August 12, 2014 6:30 p.m. —Anna City Hall Administration Building The City Council of the City of Anna met in Workshop Session at 6:30 p.m., August 12, 2014 at the Anna City Hall Administration Building, located at 111 N. Powell Parkway (Hwy 5), regarding the following items: 1. Call to Order. Mayor Mike Crist called the meeting to order at 6:30 pm. 2. Roll Call and Establishment of Quorum. Mayor Mike Crist and Council Member James T. Cook, Lauren Lovat, John Beazley, Chad Barnes and Dick Dowd were present. Council Member Natha Bryan arrived 7:30 pm. 3. Presentation of the American Legion Firefighter and Paramedic of the Year Award. (Council Member Dowd) This item was postponed to the August 26, 2014 meeting. 4. Briefing/Discussion regarding the City's request for proposals for Health Insurance Benefits. (Clayton Fulton) Clayton Fulton, Director of Finance presented the item to council and answered questions. 5. Briefing/Discussion regarding North Pointe Crossing Street Names. (Maurice Schwanke) Maurice Schwanke, Director of Planning and Development presented the item to council and answered questions. Council Member Barnes made the motion to enter closed session at 6:44 pm. Council Member Dowd seconded the motion. Motion passes. AYE 6 NAY 0 08-12-14 CC Workshop Meeting Minutes.doc 1 08-12-14 6. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. consult with legal counsel regarding pending or contemplated Iota 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 55§ 1.071); discussion regarding North Collin Water Supply; b. discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072), acquisition of right-of- way, easements, and land for municipal facilities; c. discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code 551.087 proposed residential and retail developments; d. discuss or deliberate personnel matters: City Secretary Annual Review and update Update; City Manager Annual Review; Boards and Commissions.(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. Council Member Cook made the motion to return to open session at 7:27 pm. Council Member Beazley seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 7. Consider/Discuss/Action on any items listed on posted agenda for August 12 2014 City of Anna City Council Regular Meeting or any Closed Session occurring during this Workshop, as necessary. Council Member Barnes makes the motion to take no action. Council Member Dowd seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 08-12-14 CC Workshop Meeting Minutes.doc 2 08-12-14 8. Adjourn. Council Member Barnes made the motion to adjourn at 7:27 pm. Council Member Beazley seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 ATTEST: APPROVED: Natha Willcison, City Secretary Milce Crist, Mayor OS-12-]4 CC Workshop MeetingMinutes.doc 3 03-12-14 MINUTES OF CITY OF ANNA AGENDA NOTICE — CITY COUNCIL REGULAR MEETING August 12, 2014 7:30 p.m. —Anna City Hall Administration Building The City Council of the City of Anna met in Regular Session at 7:30 p.m., August 12, 2014, at the Anna City Hall Administration Building, located at 111 North Powell Parkway (Hwy 5), to consider the following items. Welcome to the City Cozrncil Meeting. Please sign the Sign -In -Sheet as attendance. If you wish to speak on an open -session agenda item please Opinion/Speaker Registration Form and turn it in to the City Secretar} meeting starts. 1. Call to Order. Mayor Mike Crist called the meeting to order at 7:30 pm. 2. Invocation and Pledge of Allegiance. Mayor Milce Crist gave the invocation. a record of fill out the before the 3. Citizen comments. Citizens are allowed 3 minutes to speak. The Cormcil 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. Mr. Bradley Duncan with the Anna Isd introduced himself to council. 4. Receive reports from Staff or the City Council about items of community interest. Items of community interest inclzrdea 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. None 08-12-14 CC Regular Meeting Minutes.doc I 08-12-14 5. Consent Items. These items consist of non -controversial or "housekeeping" items required by law. Items may be considered individually by any Council member making such request prior to a motion and vote on the Consent Items. a. Approve a Resolution regarding "Hopewell Addition" Development Plat. (Maurice Schwanke) b. Approve a Resolution "Anna Crossing PH 3A & 3B" preliminary plat. (Maurice Schwanke) Council Member Barnes made the motion to approve. Council Member Bryan seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 0 6. Public Hearing: For City Council to hear public comment on the proposed Fiscal Year 2014 — 2015 Budget. (Clayton Fulton) Clayton Fulton, Director of Finance presented the item to council and answered questions. Mayor Crist opened the public hearing at 7:43 pm. There was no public comment. Mayor Crist closed the public hearing at 7:43 pm. 7. Consider/Discuss/Action regarding a Proposed Tax Rate for 2014-2015 Fiscal Year. (Clayton Fulton) Clayton Fulton, Director of Finance presented the item to council and answered questions. Mayor Crist made the motion to approve the resolution setting a maximum tax rate of $0.649 per $100 valuation of property and naming the dates, times and location of the public hearings on the tax rate as August 26, 2014 at 7:30 pm and September 2, 2014 at 6:30 pm.Council Member Dowd seconded the motion. Motion passes. NAY 0 `III : 1� -�17 S. Consider/Discuss/Action regarding a resolution authorizing distribution of contingency appropriation. (Clayton Fulton) Clayton Fulton, Director of Finance presented the item to council and answered questions. Council Member Bryan made the motion to approve. Council Member Cook seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 0 9. (a) Public Hearing: To consider public comments regarding an ordinance amending the Anna Code of Ordinances by amending Part III-C (Zoning Ordinance), Section 35 by adding Section 35.05 5 (Masonry Content). (Maurice Schwanke) Maurice Schwanke, Director of Planning and Development presented the item to council and answered questions. Mayor Crist continued the public hearing 08-12-14 CC Regular Meeting Minutes.doc 2 08-12-14 at 7:53 pm. Dave Holden spoke in favor of the proposed changes. Mayor Crist closed the public hearing 7:56 pm. (b) Consider/Discuss/Action regarding an ordinance amending the Anna Code of Ordinances by amending Part III-C (Zoning Ordinance), Section 35 by adding Section 35.05( 5 (Masonry Content). (Maurice Schwanke) Council Member Bryan made the motion to approve. Council Member Dowd seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 0 10. (a) Conduct a public hearing regarding an Ordinance amending the Anna City Code of Ordinances by amending Part III -A (Subdivision Regulations), Article 1 (General Provisions), Section 5.02 (Exemptions). (Maurice Schwanke) Maurice Schwanke, Director of Planning and Development presented the item to council and answered questions. Mayor Crist opened the public hearing at 7:58 pm. There was no public comment. Mayor Crist closed the public hearing at 7:58 pm. (b) Consider/Discuss/Action regarding an Ordinance amending the Anna City Code of Ordinances by amending Part III -A (Subdivision Regulations), Article 1 (General Provisions), Section 5.02 (Exemptions). (Maurice Schwanke) Council Member Bryan made the motion to approve. Council Member Barnes seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 0 11. Consider/Discuss/Action regarding a Resolution approving the Anna Town Center Concept Plan and "Walmart Development Site Plan." (Maurice Schwanke) Maurice Schwanke, Director of Planning and Development presented the item to council and answered questions. Council Member Beazley made the motion to approve. Council Member Lovato seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 0 12. Consider/Discuss/Action regarding appointments /reappointments to the Park Advisory Board. (City Council) Mayor Crist presented the item to council. Applicants introduced themselves to council and answered questions. Council Member Bryan nominated Stan Carver. Council Member Barnes nominated James Gurski. Mayor Crist seconded the nomination. Stan Carver was appointed to Place 2 by a vote of. 08-12-14 CC Regular Meeting Minutes.doc 3 08-12-14 AYE 6 NAY 1 ABSTAIN 0 1l Consider/Discuss/Action regarding appointments/reappointments to the Board of Adjustments. (City Council) Mayor Crist presented the item to council. Applicants introduced themselves to council and answered questions. Council Member Cook nominated James Gurski for Place 3. Council Member Lovato seconded the nomination. Motion passes. AYE 7 NAY 0 ABSTAIN 0 Mayor Crist nominated John Houcelc for Place 2A. Council Member Lovato seconded the nomination. Motion passes. AYE 7 NAY 0 ABSTAIN 0 Mayor Crist nominated Robert Simonsen for Place 2. Council Member Lovato seconded the nomination. Motion passes. AYE 7 NAY 0 Council Member Barnes nominated Chad Rodgers for Place 4. Council Member Lovato seconded the nomination. Motion passes AYE 7 NAY 0 ABSTAIN 0 Council Member Cook made the motion to enter closed session at 8:25 pm. Council Member Beazley seconded the motion. Motion passes. I_\�C711L\I�til 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); discussion regarding North Collins Water Supply; b. discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); acquisition of right-of- ways easements; and land for municipal facilities; c. discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect 08-12-14 CC Regular Meeting Minutes.doc 4 08-12-14 that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code 551.087); proposed residential and retail developments, d. discuss or deliberate personnel matters: City Secretary Annual Review and Update; City Manager Annual Review; Boards and Commissions.(Tex. Gov't Code, 551A74). The council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. Council Member Dowd made the motion to return to open session at 8:45 pm. Council Member Barnes seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 0 15. Consider/Discuss/Action on any items listed on posted agenda for August 12, 2014 Workshop Session or any closed session occurring during this Regular Meeting, as necessary. Council Member Bryan made the motion to take no action. Council Member Lovato seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 0 16. Adjourn. Council Member Bryan made the motion to adjourn at 8:45 pm. Council Member Lovato seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 ATTEST: APPROVED: Natha Willcison, City Secretary Mike Crist, Mayor 08-12-14 CC Regular Meeting Minutes.doc 5 08-12-14 MINUTES OF MEETING OF THE ANNA ECONOMIC DEVELOPMENT CORPORATION Thursday, May 19 20'i4 rccrr�otitc r The Anna Economic Development Corporation ("EDC") of the City of Anna met at 5:00 p.m., on Thursday, May 1, 2014, at the Anna City Hall Administration Building, 111 North Powell Parkway (Hwy. 5), Anna, Texas, to consider the following iterns. 1. Call to Order. Connie Stump called the meeting to order at 6:15 p.m. Roll call was taken and a quorum was established. 2. Roll Call and Establishment of Quorum. Directors present were: Alonzo Tutson, John Houcelc, John Beazley, Connie Stump, Sherilyn Godfrey (5:05), Lee Miller, and Michael Williams. Directors in abstention: None Others in attendance: Philip Sanders, City Manager; Jessica Perkins, Chief Administrative Officer ("CAO"); Maurice Schwanke, City Planner; and Clark McCoy, attorney for EDC. 3. Consider/Discuss/Action regarding passing a resolution to authorize and approve the submittal of a rezoning application for the EDC's 48-acre tract%. Staff is actively marketing the EDC property and as part of that effort the acreage needs to be rezoned to be in compliance with the City Master Land Use Plan. John Houcel< made a motion to adopt the resolution; and to authorize the CAO to submit a rezoning application, on behalf of EDC, to change the zoning classification from SF-E district to a PD-7200 district. The motion was seconded by Michael Williams. Lee Miller abstained. 4. Consider/Discuss/Action regarding passing a resolution to authorize and approve the expenditure for a road bore for fiber optical cable to the EDC property at 312 North Powell Parkway. Staff is working with GCEC to construct a road bore to pull fiber optic cable under Highway 5 in order to connect all city campuses on the same network. The staff also I. "I"he Corporation nuq� vote and!or act upon each ofthc items listed in this agenda. 2. The Corporation rescr�es the right to rclire into ezccutivc session concerning any ofthe items listed on ibis agenda, ��hencvcr it is considered necessary and Icgallyjustificd under the Open Meeting net. 3. Persons with a disability who want to aUcnd this meeting who may need assistance should contact the otlice of the City Secretary at 972 924-3325 two working clays prior to the meeting so that appropriate arrangements can be made. 05-01-2014 EDC Minutes.doc 1 wants EDC to consider a second road bore near Image vision (312 N Powell Parkway) in order to get fiber to that company and create an opportunity for fiber to be available in the downtown area. The cost will be discounted since the company will already mobilized. EDC's portion is approx. $9,000.00 for 150 ft. John Beazley made a motion to adopt the resolution authorizing the expenditure for fiber optical cable to service property at 312 North Powell Parkway and to authorize the CAO to charge EDC's capital account in the amount not to exceed $9,000.00. Alonzo Tutson seconded the motion. Motion passed. 5. Closed Session. a. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §561.072). b. 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 6. Consider/Discuss/Action regarding approving the minutes of April 3, 2014. John Beazley made a motion to approve the minutes of April 3, 2014, as written. The motion was seconded by John Houcek. Motion passed. 7. Review of the current fiscal year budget. Jessica Perkins attached a copy of the current fiscal year for the benefit of the Directors. [THIS SPACE INTENTIONAL LEFT BLANK] 1. The 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 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. 05-01-2014 EDC Minutes.doc 2 8• Adjourn. John HOUCek made a motion to adjourn the meeting. Michael Williams seconded the motion and the meeting was adjourned at 6*45 p.m. APPROVED: President of EDC ATTCQTCI'1• 1. The Corporntion 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. 05-014014 EDC Minutes.doc 3 MINUTES OF MEETING OF THE ANNA ECONOMIC DEVELOPMENT CORPORATION Thursday, June 5, 20�4 Ecnr�orntc DEVELOPPAPIT CORPORATION The Anna Economic Development Corporation ("EDC") of the City of Anna met at 5:00 p.m., on Thursday, June 5, 20#14, at the Anna City Hall Administration Building, 111 North Powell Parkway (Hwy. 5), Anna, Texas, to consider the following items. 1. Call to Order. Connie Stump called the meeting to order at 5:�2 p.m. Roll call was taken and a quorum was established. 2. Roll Call and Establishment of Cuorum. Directors present were: Alonzo Tutson, John Houcel<, Connie Stump, Sherilyn Godfrey, Lee Miller, and Michael Williams. Directors in abstention: None. Others in attendance: Jessica Per{tins, Cliief Administrative Officer ("CAO"); and Clark McCoy, attorney for EDC. 3. Consider/DiscusslAction regarding accepting John t3eazley's resignation from the board. John Beazley resigned due to his election to City Council. Michael Williams made a motion to accept his resignation. John t loucek seconded the motion. Motion passed. 4r-. Consider and discuss the fiscal year 2014-2015 proposed budget. The 2013-2014 and the proposed 2014-2015 budget (with line item detail) were attached to the Board's pac{�et. Due to the steady growth of Anna's business community, there should be a steady increase in the sales tax that EDC can use for new economical g rowth. 5. Consider and discuss placing an ad in the Dallas Cowboys Publication for the 2014-20'15 Season Program. The Board favors placing ad in the publication. The cost is $2800 for cone-fot.rrth (1/4) page and will be split between the EDC and CDC boards. 6. Closed Session. I.'Ihe CorEtoratiou may vole andhnact upon each ol�lhc items listed in ibis agenda. 2. 'Ihe Corporation reserves the. right to retire into executive session concerning any of the dents listed on ibis agenda, whenever it is considered necessary and legally justified under the Open tticeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the ollice orthe City Secretary al 972 924.3325 two working days prior to the meeting so that appropriate arrano ements can be made. 06-05-2014 EDC Minutes.cloc 1 a. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §561.072). b. 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). Connie Stump read the foregoing into the record. Michael Williams made a motion to move to Closed Session that was seconded by Alonzo Tutson. Motion passed and the Board entered into Closed Session at 5:52 p.m. After discussing the business at hand, Michael Williams made a motion to adjourn Closed Session and return to Open Session. Sherilyn Godfrey seconded the motion. Motion passed, and Closed Session was adjourned on Thursday, May 11 2014 at 6*10 p.m. 7. Consider and Discuss regarding passing a resolution approving an Incentive Agreement for new economic development with Q Seminole Anna Town Center, L.P. Tabled. 8. Consider/Discuss/Action regarding adopting a resolution authorizing the EDC's Chief Administrative Office to enter negotiations to sell the EDC's 48 acre property. A short discussion ensued. Afterwards, Alonzo Tutson made a motion to adopt the resolution authorizing the CAO to execute the "Safe Documents," on behalf of EDC, selling the EDC property of approx. 48 acres more fully described in Exhibit A, incorporated herein for all proposes. In addition, said Sale Documents is subject to the approval of the form of same by the EDC's legal counsel, and any necessary approval by the City of Anna City Council. Sherilyn Godfrey seconded the motion. Motion passed. 9. ConsiderlDiscuss/Action regarding approving of minutes of May 1, 2014. Tabled. 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. 06-05-2014 EDC Minutes.doc 2 10. Adjourn. Michael Williams made a motion to adjourn the meeting. Sherilyn Godfrey seconded the motion and the meeting was adjourned at 6:12 p.m. APPROVED: President of EDC ATTESTED: 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 legagy 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. 06-05-2014 EDC Minutes.doc 3 MINUTES OF MEETING OF THE ANNA COMMUNITY DEVELOPMENT CORPORATION Thursday. May 19 2014 GQMMUNITT DEVELOPMENT CORPORArTION The Anna Community Development Corporation ("CDC") of the City of Anna met at 5:00 p.m., on Thursday, May 1, 2014, at the Anna City Hall Administration Building, 111 North Powell Parkway (Hwy. 5), and Anna, Texas, to consider the following items. 1. 2. 3. 4. Call to Order. John Houck called the meeting to order at 5:01 p.m. Roll call was taken and a quorum was established. Roll Call and Establishment of Quorum. Directors present were: Alonzo Tutson, John Houcek, Sherilyn Godfrey (5:05), Lee Miller, and Michael Williams. Directors in abstention: None Guests: Rob Woods, Public Worl<s Director John Beazley, Connie Stump, Others in attendance: Philip Sanders, City Manager; Jessica Perkins, Chief Administrative Officer (" CAC, "); and Clark McCoy, attorney for CDC. Invocation and Pledge. Skipped. ConsiderlDiscuss/Action passing a resolution authorizing an amendment to the current fiscal year budget. The CDC seeks to amend its budget due to additional funds needed in the "Capital Expenditures" line to retrofit the splash pad at Slayter Creek Park to a recirculating system. The project is to done by June 1, 2014. A motion was made by Connie Stump to adopt the Resolution regarding the approval of and authority to amend the FY 2013- 2014 fiscal year budget. The motion was seconded by Michael Williams. I . 'fhe Corporation may �-otc and/or act upon each of the items listed in this agenda. 2. "1'he Corporation reserves the right io retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open 1\iccting 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. 05-01-2014 CDC Minutes.doc 1 5. Consider and Discuss taking applications for the Revolving Loan Fund loan program. In 2009, CDC was the recipient of a $99,900 grant from the USDA; and Image Vision received the first loan and is presently paying back the monies owed. There is approx. $50,000 available to loan to another local entity and a review committee needs to be to appointment to advertise and select a new loan recipient. Clark McCoy remarked that there is no penalty in paying back the loan early. The interest on the loan is approx, two percent (2%). 6. Closed Session. a. Discuss or deliberate the purchase, exchange, (ease, or value of real property (Tex. Gov't Code §551.072). b. 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 9551.087). John Houcek read the foregoing into the record. Connie Stump made a motion to move to Closed Session that was seconded by Michael Williams. Motion passed and the Board entered into Closed Session at 5:04 p.m. After discussing the business at hand, Alonzo Tutson made a motion to adjourn Closed Session and return to Open Session. John Beazley seconded the motion. Motion passed, and Closed Session was adjourned on Thursday, May 11 2014 at 6:01 p.m. 7. Consider/Discuss/Action regarding approving the minutes from April 3, 2014. Sherilyn Godfrey made a motion to approve to minutes as written. John Beazley seconded the motion. Motion passed. 8. Review of the current fiscal year budget. Jessica Perkins attached a copy of the current fiscal year for the benefit of the Directors. [THIS SPACE INTENTIONAL LEFT BLANK] 1. The Corporation may vote and/or act upon tech 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. 05-01-2014 CDC Minutes.doc 2 9. Adjourn. Michael Williams made a motion to adjoum the meeting. Lee Miller seconded the motion and the meeting was adjourned at 6:12 p.m. APPROVED: n Houcek sident of CDC ATTESTED: Sherilyn Gfi9frey Secretary of CDC I. 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. 05-01-2014 CDC Minutes.doc 3 MINUTES OF MEETING OF THE ANNA COMMUNITY DEVELOPMENT CORPORATION Thursday, June 59 2014 DEVEt.OPt,tEPt7 GORPORATIOtd The Anna Community Development CorporationCity of Anna met at 5:00 p.m., on Thursday, June 5, 2014, at the Anna City Hall Administration Building, 111 North Powell Parkway (Hwy. 5), Anna, Texas, to consider the following items. 1. Call to Order. John Houcel< called the meeting to order at 5:02 p.m. Roll call was ta{<en and a quorum was established. 2. Roll Call and Establishment of Quorum. Directors present were: Alonzo Tutson, John Hot.lcelc, Connie Stump, Sherilyn Godfrey, Lee Miller, and Michael Williams. Directors in abstention: None Others in attendance: Jessica Perkins, Chief Administrative Officer ("CAO"); and Clark McCoy, attorney for CDC. 3. Invocation and Pledge. The prayer was offered by John Houcelc. He also led the Board in saying the Pledge of Allegiance. 4. ConsiderlDiscuss/Action regarding accepting John Beazley's resignation firom the beard. John Beazley resigned from the Board due to his election to the City Council, Place 3. Connie Stump made a motion to accept his resignation. Sherilyn Godfrey seconded the motion. Motion passed. 5. Consider and discuss the fiscal year 2014-2015 proposed budget. Attached to the Board's meeting packet was the 2013-2014 and proposed 2014-2015 CDC budget with line item detail. Fiscal year 2015-2016 is also being framed. Jessica Perkins commented on the approx, amount of sales tax to be received in the future. It is anticipated that this amount will always be a steady increase to be used by CDC for community growth projects. Three part-time people were added to the City's Corporation nup� vote and/or act upon each of the items listed in this agenda. Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda, whcncvcr it is considered necessary and legally juslilir<I under the Opcn Mucting Act. 3. Persons with a disability who Nvant to attend this meeting who may need assistance should contact the office orfhc City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made. 06-05-2014 CDC Minutes.cioc 1 maintenance crew because of the additional park work. Funds for the additional park workers was easily accommodated in the 2013-2014 budget. 6. Consider and discuss placing an ad in the Dallas Cowboys Publication for the 2014=2015 Season Program. The Board was in favor of placing aone-fourth (1/4) page ad in the publication. At a twenty percent (20%) discount, the ad will cost $2800. The expenditure will be split between the EDC and CDC boards. 7. Closed Session. a. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072). b. 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). John Houcek read the foregoing into the record. Sherilyn Godfrey made a motion to move to Closed Session that was seconded by Lee Miller. The motion passed and the Board entered into Closed Session at 5:18 p.m. After discussing the business at hand, Michael Williams made a motion to adjourn Closed Session and return to Open Session. Shenlyn Godfrey seconded the motion. The motion passed and Closed Session was adjourned on Thursday, May 1, 2014 at 5:31 p.m. 8. Consider and Discuss regarding passing a resolution approving an Incentive Agreement for new economic development with Q Seminole Anna Town Center, L.P. Tabled. 9. Consider/DiscusslAction regarding approving of minutes of May 1, 2014. Tabled. 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. 06-05-2014 CDC Minutes.doc 2 1we Adjourn. Lee Miller made a motion to adjoum the meeting. Michael Williams seconded the motion and the meeting was adjourned at 5:38 p.m. ATTESTED: I. 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. 0605-2014 CDC Minutes.doc 3 i CITY OF ANNA, TEXAS Item No. LEL. City Secretary's use only City Council Agenda Staff Report Date: August 26I 2013 Staff Contact: Jessica Perkins Agenda Item: Approve a budget amendment to the EDC's current fiscal year budget. (Jessica Perkins) Staff Comments: As the end of the fiscal year comes to a close staff noticed an overage in the Promotional (6735) Fund. Staff is recommending moving money from Other Capital Expenditures (6941) line item to cover the overage of $3500. The total amount budgeted for the fiscal year will not change. Staff Recommendation: Staff recommends you approve the resolution. 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(Jessica Perkins) Staff Comments: As the end of the fiscal year comes to a close staff noticed an overage in the Promotional (6735) Fund and the Other Services (6799 Parks Personnel Support). Staff is recommending moving money from the Contract (6703) line item to cover the overage - $2000 to Other Services and $1000 to Promotional. The total amount budgeted for the fiscal year will not change. Staff Recommendation: Staff recommends you approve the resolution. O O U O N V' � O O O N 0 0 O 0 0 O Un O d C5 O Q o Q O UOO O 0 � o � �� O O o N m N o 0 Mai C6 m- ((0 ai M N � Q � M U CiM a) M M M N A m 00 O h M RN O pop�0 O O 00 O O 0 GoV UO O CR O O O p 0 0f M 0 V m m� O 00 O Cf m m b c O N N Un a ' 69 rM bNg �M Mill � w y N 'at (�O O L � , vJ N N i y3, a YEN w O` d y N 16 %C m m d) U k n O m a o 0 g� ,� m Qcl v N o C G .f0 v v U Worm Wmm mm U�-�° aMR <ny H y G o 0 +r o 0 i 0 0 0 0 N. .0. ,G m d ¢ t ¢¢ m w� afw m O 0 Oo0 V Q cq 00 O O Q O O N N vo. n N � O C\lan cm O U �O u u u u u csi tp to chi c�i M (O r U) M 0 O Q O O O O O O O 0 0 0 0 O N O r O f0 to 0 M M M M Q Q O R O 0 0 0 0 Q �rIci Q Q 00 0 00a Q 0 0 0Cqo C co0a<0 C O O 00 0 0oo p� totorn0q0 O N N U O O U O O O i 0 M N O Oi a) d) M O N UO Q a vi (�i � N N O Mai o 0) (D O M M M M M M M w vj en in Win fR N p^ 0 � N •" m 64 EA tay m m 10000 O 00 0 000 O N N O N N r r MrMMM 1� 0 0 0 n O O 0 0 0 0 O r N N O M O L O O NOO VI N OO 0 000 0 01 Oi Oi rN r O Oi (oMa m ao 0 000 0 o Mvomror v m d)Oa r Un(O O UO 00 UO M M hNUO� 0 M%MMMwM N r N N M 1� N N a a o m 01 = m mao� C d m mmrn� m O) I o m `E p c m H¢Q ! wE v a H G mew 3 U E N N y ' O L E C O j U U U U U U U mom, allow U UU %UUU 0 G a,�,� a QU U UUU ������ ° yU V 0���m W J 0^LO� r 0)e0 O tocoN33w h33 7 U M voll NNONN M N N NNN N N Nr N N N N NNN NN o M o o U) � o° c o r "' c d o M, fA p ti N M e � m V� M U O O CallN O O O p O O Up O UO N ell 00) 1N (00 O Nam O v co O to a w O ` E ° m m 0 a y ,CZj t o N r p m y e m o c M Q _� m4 r Q aL'm rnv E N v jam c4�° a $ z'='p (D yErn pU ° a a) a N A N :c mh g rnrm (ro mIII % Dom U N p V ��o myo oLoeLn aN � N N U N p0o (� MEO Co N N N d 0 0 Q •E O O N N N {� u"lwC9 UQco couuc� UU 40 U Rm i i ti i 3 YiOUIi} IIOMETOWN Council Meeting: August 26, 2014 Account Code #: N/A Budgeted Amount: N/A Item No. 5 (h) City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Clayton Fulton Date Prepared: 8/21/14 Exhibits: Q Yes ❑ No AGENDA SUBJECT: Review Quarterly Investment report SUMMARY: In accordance with the Public Funds Investment Act, the City is required to submit a quarterly report on the investment of all Public Funds held by the City. The attached report has been developed by our investment advisors, Valley View Consulting, LLC. The report will review the following: • Review of economic conditions • Review of the City's holdings • Comparison of book vs. market value • Allocation information • Other information related to the PFIA RECOMMENDATION: None, no action is required. } m � d W Q 6 C*4 >%f � (U ( M ao 4) 2 2 @ � � � ± � \ % \ 7 ) ±&\2 2t33a \g3 E>�m� 22) =was k2G== E'a®2t m52=Q 4 0 « E E / ®3 ± W / •2 ( a/0 /&M�o zM aE o = 2 e > e o $ » § 8 \ff70 \\M =2-ef = 2 5 D m {- aa a $ CL e2eg7 f(K3 o / o > § t % a 0 ® E m g 7 o _ » 2/)ƒt \ •± t \ $\0 wo �(> o (D /ttte 8/=2E ma$g� %�e±f ® \ G ! \ = E G co/jfa) ee222 G§2@/ zzzfo e o § &f \§ sj°-3 /»\\\ rn WOMEN a co 00 ti L OOO TWO Sawa U �- r- N o N ti o N a 000 0tOfl m Ln f�• co m d M Un M Ln O O O Lawc t0 F- ,Cammm, C ?� '�, d be N O ~ fl « c- s. 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Q p o >>Mammal N ` mC:L m> cn o o 0)m c0) � CL-� b _ 0 a) 0) tommomw •�-, m� U o m r p o o Cy o m L LL LL c m Epi'm�.N m �aX c�i Panama�� o > LA Vi F- LL E N LL O C m F- (A Q v v tS tir a2uluaa.�ad U J J C t J �S '4. r l i *b Gp� wob ob - 9p,rP �b S�r OP 06, OrOi� �b Opp cG� 0 0 0 0 0 0 0 0 0 o 0 0 0 0 0 0 v-i vi 47 ri en cV cV 02?lejua3zad i c M m a 0 0 0 0 0 0 0 0 0 0 N N r- �- O O O O d L() M O N LO O O to 6 O O O d N � d Q: Y V 'L a � d O � 00 • = = LCJ M N w to T r H} 69 O Cl O O O O T T T N O T M T � N d' O N O T M T o C m C O O O Q d a X N C C O low t 0. w H i 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O OO C4 Nt N O 00 O q N N c c 64 6'i 64 E9 6i E9 69 69 66� 64 U J J P O N M S L M 1 N O O O �- Ln co') N rn Cl o 1 rnLnr. rn( 0 O oO � s- v (O 1 OLli m � s N L a 1 O d � ( M i M 1 � n 1 O � � d0M(NO M LO LTti�� ti P P O N Efl r M N ►Cv.. � C 6 � o00 0 � y `o a o 0 0 N Q.O L°(\ioM O •L V LO O O O U Q 0 0 0 O Q O � V 0 0 Y Z C) r �m m p L O J O N N ((0 m N- � N O r1 O O P cM N c0 D O 1 O O tC1 N O r 7 M N O L <- R a rnoh O a) LO t� o L 6) (O O O d O 00 P LO CNvv N w U Gi O a0 N O M to I T��) 1 M � In i• `I'' P P c- 1� (ooniZ:fi 4 Ooo O N o 3* 0 0 o •L p• O Lo O co) O (� (� L() O O 6) Q U Q 0 0 0 Cl v � 0 0 Y Z 0 c Y Y ttf m (o coo CO m +, O N L >_ ro � o (n O J L C1 O X [L M P7 O to r 4 o (0 m CL U Mtr 'd' M M W 01 Q M M t!J co M O 00 N V N 41 i UO) ty 4) M � O Rf ~ 0 d y U aid old O R m m c — cn 00 Qa m Q m �g g I� a a •i O y„, um N Q' i t0 N (j U V i N d US c � a m � o= LL a (� 44) tn f' t0 � N coN rn � rn N Gdl� to O 1� l() l0 O rl' CO a- d M +�+ O Cop LOO N � n d aoaa rs� CITY OF ANNA, TEXAS Item No. ALL City Secretary's use only City Council Agenda Staff Report Date: August 26, 2013 Staff Contact: Jessica Perkins Agenda Item: Approve a Resolution authorizing execution of an amended performance agreement with Empowered Training Centre, LLC, and approving a line of credit utilizing the funds in the Revolving Loan Fund program for Empowered Training Centre, LLC. (Jessica Perkins) Staff Comments: Last December 2013 the EDC entered in to a performance agreement with Empowered Training Centre (dba MyCourseRoom.com). As a part of the performance agreement there was an option for a Line of Credit. The resolution will clarity the performance agreement Section 3 (b) that the Line of Credit is with the CDC's RLF program and allow for execution the Line of Credit. Staff Recommendation: Staff recommends you approve the resolution. AMENDED ECONOMIC DEVELOPMENT INCENTIVE GRANT FOR CAPITAL INVESTMENT PERFORMANCE AGREEMENT This Amended Economic Development Incentive Grant for Capital Investment Performance Agreement (this "Amended Agreement") is made and entered into by and between the Anna Economic Development Corporation, the Anna Community Development Corporation, and Empowered Training Centre, LLC (the "Company"). WITNESSETH: WHEREAS, on December 10, 2013 the City Council of the City of Anna, Texas approved Resolution No. 2013-12A 0 authorizing the EDC to enter into the Economic Development Incentive Grant for Capital Investment Performance Agreement with Empowered Training Centre, LLC ("Performance Agreement"), a copy of which is attached hereto as Exhibit A; and WHEREAS, the Anna Economic Development Corporation and the Company duly entered into the Performance Agreement; and WHEREAS, under Section 3(b) of the Performance Agreement the Anna Economic Development Corporation and the Company had intended that the Company would have access to a line of credit from the Anna Economic Development Corporation; and WHEREAS, the parties to this Amended Agreement have agreed that it would be in said parties' collective interest if the line of credit was provided and administered by the Anna Community Development Corporation instead of the Anna Economic Development Corporation; and WHEREAS, the Anna Community Development Corporation has found that entering into this Amended Agreement will promote new and expanded business development in the City; NOW, THEREFORE, in consideration of the foregoing, the mutual benefits, promises and undertakings of the parties to this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto covenant and agree as follows. Section 1. Recitals Incorporated. The above -stated recitals are incorporated into this Agreement as if set forth in full and constitute material representations by the Company and Anna Economic Development Corporation to induce the other party to enter into this Agreement. AMENDED ECONOMIC DEVELOPMENT INCENTIVE GRANT FOR CAPITAL INVESTMENT PERFORMANCE AGREEMENT PAGE 1 OF 4 Anna Community Development Corporation By: n Houcek, its President STATE OF TEXAS § o Laurens Kay B►adceter § { My Commission E)#rss COUNTY OF COLLIN § q 04101/2017 Before me, the undersigned notary public, on the 16±itday of jj�&ov�, 2014, personally appeared John Houcek, known to me (or proved to me) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same in his capacity as President of the Anna Community Development Corporation and on behalf of the Anna Community Development Corporp on, 0�) r, n Public, State of AMENDED ECONOMIC DEVELOPMENT INCENTIVE GRANT FOR CAPITAL INVESTMENT PERFORMANCE AGREEMENT PAGE 30F4 Section A. Incorporation and Amendment to Performance Agreement. The Performance Agreement shall continue to be in full force and effect in all respects and is incorporated herein by reference with the exception that Section 3(b) of the Performance Agreement shall be amended to read as follows: (b) The Anna Community Development Corporation will make a line of credit available in the amount not to exceed $4,500 per month for 24 months which would be paid back with interest and the details of such line of credit outlined in a separate document that will serve as an addendum to this Agreement, as amended. Providing the line of credit will be the sole obligation of Anna Community Development Corporation under this Agreement, as amended. IN WITNESS WHEREOF, the parties hereto have executed this Amended Agreement. Anna Economic Development Corporation By: Alonzo Tutson, its Vice -President STATE OF TEXAS § COUNTY OF COLLIN § Before me, the undersigned notary public, on the day of , 2014, personally appeared Constance Ann Stump known to me (or proved to me) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she executed the same in her capacity as President of the Anna Economic Development Corporation and on behalf of the Anna Economic Development Corporation. Notary Public, State of Texas [REMAINDER OF PAGE LEFT BLANK INTENTIONALLY] AMENDED ECONOMIC DEVELOPMENT INCENTIVE GRANT FOR CAPITAL INVESTMENT PERFORMANCE AGREEMENT PAGE 2 OF 4 Empowered Training Centre, LLC ni, its Director and Manager STATE OF TEXAS § ``' '� Ldcaureua Kay eiaW 4,§ ;rr* My Commisnion Expires COUNTY OF COLLIN § # 0+101n017 _ Before me, the undersigned notary public, on the day of , 2014, personally appeared Mubina Gillani known to me (or proved to me) to be th6 person whose name is subscribed to the foregoing instrument and acknowledged to me that she executed the same in her capacity as Director and Manager of Empowered Training Centre, LLC and on behalf of Empowered Training Centre, LLC. Public, State of AMENDED ECONOMIC DEVELOPMENT INCENTIVE GRANT FOR CAPITAL INVESTMENT PERFORMANCE AGREEMENT PAGE 4 OF 4 ADDENDUM TO AMENDED ECONOMIC DEVELOPMENT INCENTIVE GRANT FOR CAPITAL INVESTMENT PERFORMANCE AGREEMENT This Addendum: (1) confirms the Anna Community Development Corporation's (the "CDC") willingness to extend to Empowered Training Centre, LLC (the "Company") an unsecured line of credit (this "LOC") not to exceed $4,500 per calendar month in accordance with Section 3(b) of the AMENDED ECONOMIC DEVELOPMENT INCENTIVE GRANT FOR CAPITAL INVESTMENT PERFORMANCE AGREEMENT ("Amended Agreement") entered into between the Anna Economic Development Corporation, the CDC, and the Company; and (2) sets forth the terms of this LOC. This LOC is available to the Company with no obligation to repay until the expiration of 2 years after the date that the Company executes this Addendum as shown below. Upon expiration of said 2 year period, and beginning with the first full calendar month following said expiration, the Company shall make equal monthly installment payments of principal and interest to the CDC for 24 months until all principal advanced under this LOC and interest has been repaid. Each monthly payment is due on or before the 10t' day of each calendar month. Advances from this LOC must be requested by the Company in writing. The CDC will fund advances by checks made payable to the Company. The minimum amount of each advance is $500. The maximum amount that may be advanced during any calendar month is $4,500, Interest shall apply to all outstanding principal at the rate of 2% from the time of each advance. The schedule attached as Exhibit A is an example that shows the amount of the payments to be made by the Company if the first advance occurs on October 8, 2014 and the maximum monthly amount is advanced each month for 24 months. It shall be a condition precedent to obtain any advance from this LOC that the Company be in full compliance with its obligations under the Performance Agreement, including but not limited to its Obligation to Maintain. If the Company fails to fully comply with any of said obligations, or if the Company materially breaches the Performance Agreement, the CDC may at its sole discretion elect to suspend or terminate advances under this LOC, in which case the CDC will provide written notice of termination and the Company must repay all amounts under this LOC and not repaid to the CDC plus interest at the rate of 2% from the time of each advance. If so terminated by the CDC, the payment is due within 30 days of the date of said termination notice or a longer period as determined solely by the CDC. By executing this Addendum, the CDC and the Company agree that this Addendum is in satisfaction of and accords with Section 3(b) of the Performance Agreement. Anna Community Development Corporation By: n Houcek its President Date: g �' D ! J Empowered Training Centre, LLC By: � Mu ' illani, its Director and Manager Date: 5, U 1 EX�IIBIT A -Example Schedule of Repayment Pa'; n-�ent hiterest Interest Principal Deferred P!o. Date Rate Accrued Payment Balance Interest Total Owed 1It14 2.D 5: 189 37 G G] 4.E00A0 189 37 4.ec9.37 2 128114 2 ID:% 7.40 G 03 9 CO3.0C OR '7 Q.193.77 3 118115 2.00% 15.79 0.07 13.EOJ.00 212 W 13 712.09 4 28115 2.0C% 22 93 0 W 1£.077.00 234 99 18 234.9a 5 2181115 2AC% G 7 22,f07.00 82 e9231 0 48115 2.00% 3c 22 G 03 27.00] 00 31,410 83 27.203.33 7 E18t15 2.00% 44 33 G 07 31 f03.00 345 21 31.845.21 8 e:$115 2.00C/o E3 51 G CO) 36.007.00 398 72 30.353.72 9 71V1!6 2.0C% E91$ 0C4 40E43.00 451"90 40.657.90 70 8'8115 2.0C4:h e3 7a O C4 4E 0]].00 52e e9 45.F23,N 11 9;$!15 2AC55 70 44 G 0J 49 6a7A0 932 13 50,103.13 12 iC4,15 2.005A 81.37 CO co E4 CO3.00 O34 f0 54•e34.53 13 1118115 2.00% 91 73 G 03 %107.G0 778 23 59.273.23 tt 12'8115 2.4C% 60 13 G 0] 33.COJAO S72 29 93.872.39 15 118t10 2.0C% 107.01 O.Cr7 SZf00,00 979.40 98.47'a.40 1e 21t10 2.00S5 114.e3 0.00 72 CO3A0 7094 C3 73.C94.03 17 3:8116 2.00% 114.4t 0.0] 70.EOJ.00 1208 47 77.7C3.47 18 418416 2.0CS5 12995 0Co 81,C43.00 133842 82.22.3,42 19 f:8411e 2.004% 133.15 0.07 85.E03.00 147157 S9.971.57 20 a%8'10 2.00% 145 23 G.0] 94.f0].00 101e eo 0. i t9.37 21 718116 2.00S5 t E5 °-1 G CO 99.COD 00 1772 14 1 O0.112.14 22 &'8%10 2.00% 1e8 t3 Q CO 103 E0JA0 1940 30 505.440.37 23 9%8t1e 20C% 17581 0co 103.fo7.00 211e 11 1054e19.11 24 101110 2.00th 1700 .14 G.CO 108.?7.00 223e 25 110.2c8.25 2E 1118/10 ow, 0CCIS 183.45 4.594.3.5 105,875.3E G co 105.875.35 23 12'& 10 2.]C% 17404 4,965 9A3 101253.49 G co 401.353.49 27 i t8117 2.00% 17 2 16 4.395 79 9e.82a.8e G Co 99.829. s3 28 28'17 2.0055 te4.43 4.96E 95 92 2W.39 G Co 22.293.3a 29 IV17 2.00% 144 t 87.743.oa .e .. 40 4l8/17 2AC55 149 C3 4.965.45 83.197,4& C CO 83.197.4E 31 Et8•'17 20C% 128.73 4.965 e•1 U-6.S3.33 G CG 78,03.3.93 32 eI 17 2.06% 133 63 4.995-f0 74.073.71 O CO 74.073.71 33 7181117 2.0C% 12 It 77 4.995 ed 99.E02.82 G Co 39.E02.32 34 $48117 2.00% 118.C3 +965 E4 z4,925.34 0 CO 34.925.34 35 9;8!17 2.00% 710.dc 4.395 70 e0.: s9.'?2 GCG 90.33'a.92 3e 1C:&' 17 2.00S5 69 19 4.39E £3 55.743.2E C c0 5E.743.25 37 111&117 2.0C% 94.e9 4.995 75 51 142,19 0 Co 51.142. 19 38 12*17 2.0C°.; 84.01 4.99E.91 4C• ESO.35 c Co 4e 534.S5 39 11811E 2.00S$ 79-CAS 4.065T0 41,913.00 OCO 41.913.9J 40 2t$118 2.00% 71 200 4.995.0 37.238.84 G co 37 283.84 41 3'8118 2.00% 57.21 »,96e• 13 32,C42.92 C Co 32.e49.92 42 478,1E 2,OC% E5.4a 4.965 42 2e,coa.ae 0 CO 28 COa.43 43 f18'18 2.4C% 4e•.C4 4.36f e4 23.3�3] 4c 0 CO 13,3e4.40 44 Ott, 13 2.00% 39.e•3 4.995.47 18.70431 cC0 18.704.31 4E 74811E 2.oCth 30^e5 4.69505 14.CGa.r'1 0,C0 74,03a.71 48 &18'18 2.00% 23 £5 4.965.51 9.203.05 c Co 9.3e•3.05 47 91811E 2.00% 1591 4.995.74 4,eSS.22 Gco 4.eca.2? 48 16'811E 2.00th 731 41$95 93 0.00 CO co 0,07 i Council Meeting: August 26, 2014 Account Code #: N/A Budgeted Amount: N/A Item No. 6 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Clayton Fulton Date Prepared: 8/21/14 Exhibits: ❑Yes Q No AGENDA SUBJECT: Public Hearing: For City Council to hear public comment on the proposed 2014 Tax Rate. (Clayton Fulton) SUMMARY: The City Council scheduled August 26, 2014 at 7:30 p.m. as the date and time for the first public hearing on the proposed 2014 Tax Rate. The second public hearing is schedules for September 2, 2014 at 6:30 p.m. here at the Anna City Hall. RECOMMENDATION: Y{OUA}HOMETOWN Council Meeting: August 26, 2014 Account Code #: N/A Budgeted Amoun Item No. 7 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Clayton Fulton Date Prepared: 8/21/14 Exhibits: Q Yes ❑ No AGENDA SUBJECT: Consider/Discuss/Action regarding an Ordinance amending the 2013- 2014 Fiscal Year Budget. SUMMARY: During the preparation of the FY 15 budget a number of one time capital expenditures that were requested that could not be funded. Development and sales tax revenues have outperformed the budgeted amounts for FY 14; additionally, budget savings were realized in various departments. As a result, some of these requests can be funded in the FY 14 budget. The items requested below are funded with this proposed budget amendment. Fire Mobile Data Terminals Fire EOC Building Generator Police 2 Cruisers + Up fit Park Pick-up truck Park Zero turn mower Street Dump Truck Planning Plotter Planning GIS Software PD Seizure Vehicle Rehab City Attorney Legal Expense Water Vehicle Safety Lighting Sewer Vac Trailer Sewer Sewer Camera $ 6,000 $ 40,000 $ 77,500 $ 25,000 $ 12,000 $ 65,000 $ 9,500 $ 2,700 $ 4,000 $ 10,000 $ 12,500 $ 47,500 $ 9,500 With the additional revenue and budget savings, this amendment will result in projected excess revenue (fi{nd balance) of just over $14,000 in the General Fund and just over $4,500 in the Utility Fund RECOMMENDATION: Staff recommends approval of the attached Budget Amendment Ordinance. CITY OF ANNA ,�1771i•I\�[a��I:�a AN ORDINANCE AMENDING ORDINANCE NO. 634-2013 ADOPTING THE BUDGET FOR THE 2013=2014 FISCAL YEAR BUDGET; PROVIDING FOR SAVINGS, SEVERABILITY, AND REPEALING CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, on September 10, 2013, the City Council of the City of Anna, Texas ("City Council"), after a duly noticed public hearing as required under Texas Local Gov't Code §102.106, and in accordance with applicable provisions of the City of Anna, Texas Home -Rule Charter ("Charter"), adopted a budget of all municipal appropriations and expenditures for the 2013-2014 fiscal year; and WHEREAS, the City is authorized to make this budget amendment by majority vote of the City Council under Section 7.09 of the Charter; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: SECTION 1. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this ordinance for all purposes and are adopted as a part of the judgment and findings of the City Council with respect to the budget amendments described herein. SECTION 2. The City Council of the City officially finds, determines, and declares that the City of Anna 2013-2014 fiscal year budget is hereby amended with respect to its General Fund (Fund No. 10) and Water and Sewer Fund (Fund 60) as set forth in the original budget adopted under Ordinance No. 634-2013 by replacing the information regarding said funds with the information relating to said funds set forth in the attached Exhibit A, incorporated herein for all purposes. SECTION 4. Upon adoption and execution of this ordinance, the City Secretary is directed to attach same and its exhibits to the original City of Anna 2013-2014 fiscal year budget in all places where said budget is filed as of public record or posted for public inspection. SECTION 5. If any provision of this ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this ordinance would have been enacted without such invalid provision. SECTION 6. It is officially found, determined, and declared that the meeting at which this ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including PAGE 1 OF 2 08-22-2014 this ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. PASSED, APPROVED, AND ADOPTED on first and final reading on this 26th day of August, 2014. ATTESTED: City Secretary, Natha Wilkison Mayor, Mike Crist PAGE 2 OF 2 08-22-2014 7 LU 0 0 0 0 0 0 lO o O o 0 0 In 0 lO 0 0 0 ul O h 00 M O 0 O Ln OO CO r� r-I tzt t ri N r-I l0 Ln o 0 0 0 0 0 lD o 0 O O O O O O O ;I O CDv1 In r' M IL O l0 LDn 00 l0 m - L0 W W c-I O ri M O O O O O O O O O O O O O ci• ri m � � lD N N Vl M u�l m � d� �r N ri m N c-I ri c--I c-I ci Ol O Lfl Ill t!'1 In ul Lfl to lf7 0 0 0 0 0 0 0 r-1 N N N N In In L!1 O O O O O O O O 1 r-I r-I .-I r i c-i c-i %-i ri o Ln 17t 0 0 0 0 0 0 0 0 Ill cn o r� O N M O Ln O O O O O N m lO O O n N O O L/1 O O O O O O Dl N ri N N N Ol lD O Rzt L!l In qzt Ln 00 00 l0 ri Ql cp ri N Ln In ri N lO o r-I Ill In 00 ri N ri N N r-I n 0 0 0 0 0 0 0 0 0 0 0 0 0 0 r-I (D CD CD O O O C) MO CD O O N N m In m O O O O O O O c-i W O O O M Ol m r-I l0 l0 N ul Ln ct O r� ri r-I r-I In N Ql N Ln IZI- r-I N lD ri N N N M L+l � a0 N Lrl M h to N n � c-I CD CD r� 0) � o m� o �t N Ln In O n N � >... O N l0 ul O d' u N M ri C N 7 C 01 O. 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D_ m ono lD n Ln m f� N N N m o 00 1 O00 O � m M m to m O N N yyA 0 0 0 0 o m � o � N n Ln m ll � 0 0 0 0 O O O O n O O in N n ri 00 r1 n Ln ri OJ `U v LO n o u 00 ri C i� C N N 01 6J 41 v @ X ++ LLI O l0 FO 'a O C H 7 "4 v N O 7 C C N N � lY 3 Ql N M Ol lD lO ci ul — O O O O O @ � lfl o_ co C @ U bA � J � T N bA + 0) O L U � � N Item No. 8 City Secretary's use only City of Anna City Council Agenda Council Meeting: August 26, 2014 Account Code #: N/A Budgeted Amount: Cost of 8 street signs Staff Report Staff Contact: Maurice Schwanlce Date Prepared: 08/19/14 Exhibits: ■Yes ❑ No AGENDA SUBJECT: Consider/Discuss/Action regarding an Ordinance changing certain street names in NorthPointe Crossing North. SUMMARY: This item was presented at the last council meeting regarding changing the names of North Belford Circle, South Belford Circle, North Carlyle Circle and South Carlyle Circle. Notices were sent out to all of the property owners affected by this proposal. After discussion concerning this matter, it is recommended that street names be changed to the names shown below. The naming would be consistent with the naming scheme within the Northpointe Crossing Subdivision. Once approved signs would be placed accordingly. This solution of changing the street names will better serve the community and eliminate confusion now and in the future. The new street names would include Quinlin Street, Finley Street, Stratford Street, and Vernon Street. This solution will not make all residents happy in the beginning, however, this long term solution will benefit the neighborhoods. A letter of opposition is attached. RECOMMENDED ACTION: Approval of Ordinance. RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS CHANGING STREET NAMES LOCATED AT NORTHPOINTE CROSSING NORTH SUBDIVISION WITHIN THE CORPORATE LIMITS OF THE CITY. WHEREAS, the City Council of Anna, has found that the current system of street names and addresses in Northpointe Crossing North are confusing, misleading and even dangerous, especially relative to the emergency service needs of the community; and WHEREAS, the City Council of Anna has agreed that changing the name of several sheets located at Northpointe Crossing reduces the confusion and potential dangers by establishing coordinated naming system within the Northpointe Crossing North subdivision of the City of Anna; and WHEREAS, the City Council of the City of Anna desires to implement the name changing of several streets located at Northpointe Crossing North; and NOW, THEREFORE, BE IT RESOVLED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Street Names Adopted The street names in Exhibit A are hereby adopted and made an integral part of this resolution. Section 2. Implementation The City Manager or his/her designee is hereby directed to work with appropriate staff of City of Anna to insure that street names signs are installed as quickly as possible after passage of this resolution. PASSED by the City Council of the City of Anna, Texas this day of 2014. ATTESTED: Natha Wilkison, City Secretary APPROVED: Mike Crist, Mayor i BELFORD CIRCLE f�7'.11=� � �/�1 ua Z W 4 August 16, 2014 City of Anna P.O. Box 776 Anna, Texas 75409-0776 Attn: City Council Attn: Director of Planning and Development, Maurice Schwanke We are against the proposed street name change. The reason for our concern is an incurred change cost, time, and inconvenience for the following items: 2 Drivers license House title Mortgages 2 Passport(s) Car Titles 2 cars Car Tags 2 cars Water Banking Direct TV Savings Insurances home/ personel Magazines Business concerns Electric Business Cards Internet __ il1'iF�•7i1 Paypal Most of these are a cost to change and are time consuming to me. I recently completed all of the address changes for the above items) when I purchased the home in April 2014. Another concern is how FedEx, United Parcel Service, and internettretail purchase retail companies be notified about your proposed change to assure prompt deliveries of goods and services? I believe it would be a cost the city should bear opposed to placing the burden on the home owner as a result of a reticent oversight by Anna, Texas city planning department. In my opinion, The simplest and most cost effective solution is changing the nomenclature (street signs) that reflect the true street name. i.e. South Belford Circle opposed to Belford Circle, North Belford Circle opposed to Belford Circle, etc. It is the city's responsibility to bear all cost and execute all communication required to implement your recommended course of action. Regards, Russell and Cassandra Wong 243 S. Belford Circle Anna, Texas 75409 Council Meeting: August 26, 2014 Account Code #: N/A Budgeted Amount: N/A Item No.9 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Maurice Schwanke Date Prepared: 08/18/1 Exhibits: ■Yes ❑ No AGENDA SUBJECT: (a)) Public Hearing: To consider public comments on a request by owners of the property to change zoning from SF4 (Single Family Residential) and Planned Development to Planned Development for Downtown Re -development. The property is generally located north of Second Street and west of North Powell Pkwy. b) Consider/Discuss/Action regarding an ordinance to change zoning from SF-1 (Single Family Residential) and Planned Development to Planned Development for Downtown Re -development. The property is generally located north of Second Street and west of North Powell Plcwy SUMMARY: The City has received a request for a rezoning of two parcels of land located at 303 and 315 North Powell Parkway (S.H. Number 5). The tracts are contiguous to each other and both front on North Powell Parkway. Together the total size of the request is 1.147 acres. The City staff has been working on a Downtown Redevelopment Plan along with a Downtown Advisory Group to develop and recommend plans and ordinances to implement an overall strategy that will make redevelopment in the Downtown more conducive. The strategy includes such things as reduced setback, reduced parking requirement and the ability to utilize public right -of --ways for public improvements. This request fits with that vision. The request is for downtown uses that are appropriate with parking and setback regulations that would be in keeping with the vision and in line with other requests the City has approved in the past in the downtown area. The proposed zoning is in keeping with Anna's Comprehensive Plan by meeting the goal to make the downtown more sustainable by providing places to work, live and play in close proximity. It is anticipated that when this development occurs as well as others that they could be a catalyst for other developments in the area. The staff is recommending approval of this zoning application. PLANNING AND ZONING ACTION: The Planning and Zoning recommended approval of the proposed ordinance at their meeting on August 4th, 2014. The vote was unanimous. RECOMMENDED ACTION: Approval of Ordinance Please publish the attached in the legal section of the newspaper at the earliest possible date. Please send tear sheet, publisher's affidavit, and bill to the City of Anna. CITY OF ANNA PUBLIC HEARINGS ON ZONING CHANGES A public hearing will be conducted by the City Council of the City of Anna on Tuesday, August 26„ 2014 at 7:30 p.m. at the Community Room of the Anna City Hall Administration Building located at 111 North Powell Pkwy (Hwy 5) Anna, Texas, to hear public comment regarding amendments to the City's Comprehensive Plan, the City's zoning map, and the City's Zoning Ordinance. The public hearing will respectively concern the City Council's consideration of an ordinance described as follows: AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY'S COMPREHENSIVE PLAN, ZONING MAP, AND ZONING ORDINANCE AND CHANGING THE ZONING OF CERTAIN PROPERTY AS DESCRIBED HEREIN; PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A PENALTY CLAUSE NOT TO EXCEED $2,000 OR THE HIGHEST PENALTY AMOUNT ALLOWED BY LAW, WHICHEVER IS LESS; AND, PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. The properties are currently zoned as SF-1 (Single Family Residential) and Planned Development. The owners are requesting to change the zoning to Planned Development for Downtown Re -development. The property is generally located north of Second Street and west of North Powell Pkwy. Copies of the rezoning request, including a map of the property generally described above, are available for review during regular office hours at the office of the City Secretary, Anna City Hall, at 111 N. Powell Parkway, Anna, Texas. Written comments on the zoning requests/changes are welcomed and will be accepted until the time of the public hearings and may be presented at the hearings. Speakers at the hearings will be heard according to their order on a listing to be established for such purpose by the City Secretary. CITY OF ANNA, TEXAS ORDINANCE NO. "Planned Development" ("PD") - 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, 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. 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" and "PD" to "PD — Downtown Redevelopment District". The Planned Development shall include the following elements: 1 Permitted Uses (a) SALES AND SERVICES. (1) Antique Store 1�Planned Development Ordinance (2) All Supply Shop (3) Bakery Shop (4) Barber Shop (5) Bicycle sales and repairs (6) Beauty shop (7) Book store (8) Computer and computer supply sales (9) Copy services (14) Day spa and salon (15) Delicatessen (16) Department store (17) Drug store (18) Dry-cleaning/Laundry establishments (19) Fitness/work out gym (20) Firearms & Accessories, retail sales (21) Florist (22) Food markets, grocery / convenience store (23) Gift shop (24) Health food store (25) Hobby shop (26) Ice cream & candy store (27) Internet or Cyber Cafe (28) Jewelry Shop / Sales (29) Magazine and news stores (30) Music and video stores (31) Night Club (32) Office supply stores (33) Pet & Supply stores (34) Photographic stores / studio / supply (35) Radio and Broadcasting Studios (36) Restaurant (37) Shoe sales / repair shop (38) Sporting goods stores (39) Stationery stores (40) Tailors (41) Travel agencies (42) Tobacco / Smoke shop (43) Toy stores (44) Variety stores (45) Watch and clock sales and services (b) SERVICES PERSONAL AND PUBLIC (1) Bank (2) Banquet Hall (3) Business school (4) Credit union 2�Planned Development Ordinance (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 b. Business c. General d. Medical (11) Incidental storage and office uses, provided such uses are incidental to the retail sale of products on the premises. (10) Radio and TV broadcasting studios and offices (11) Reading room (12) Financial services and title companies (13) 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 City Manager or his designee. 2 Specific Permitted Uses (a) RESIDENTIAL (1) Mixed Use projects including Multi -Family Apartments and Condominium. Residential units above first floor retail/office/restaurant. (2) Additional uses requiring a Specific Use Permit shall be allowed subject to determination by the Director of Planning and Development. 3 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. None, 3�Planned Develo��ment Ordinance (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. To insure pedestrian scale development, the minimum front set back in the PD shall be 10 feet, and the maximum front set back shall be 15 feet from the primary street frontage. Where building design elements and articulation require greater than a 20 foot setback, the area between elevations/walls and the ROW shall be landscaped and/or include elements of architectural design suitable for pedestrian scale -development and not be used for vehicular parking. The ROW from which the yards are established will be the Ultimate ROW of Powell Parkway as established by TXDOT.. (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 ornamental iron or tubular steel, alternate materials may be approved by the City Manager or his designee. No chain linked fencing will be allowed. (i) Utilization of Outdoor Area in Conjunction with a Restaurant (1) General Requirements a. An outdoor dining area shall be associated with a restaurant, as defined by the Anna Code and shall be located adjacent to the main structure in which the restaurant is established. The hours of operation for the proposed outdoor dining facility shall be consistent with those of the associated main establishment. b. When a barrier delineates an outdoor dining area, the confined area will be subject to the International Building Code occupancy load standards, c. An outdoor dining area may be located within the public right -of --way. An encroachment permit with the City Manager or his designee will be required if the proposed outdoor dining area intrudes into the public right- of-way. d. The proposed outdoor dining facility must comply with all applicable City of Anna, American with Disabilities Act (ADA), and adopted International Building Code requirements. 4�Planned Development Ordinance (2) Design Guidelines a. Barriers: 1. A barrier delineating the outdoor dining area will be required in the following scenarios: a. If alcohol is served at the main establishment (pursuant to State of Texas, Alcohol Beverage Control requirements). 2. There shall be a forty-eight inch (48") clear path maintained at all times to accommodate ADA standards. This clear path will be measured from the face of curb toward the building face and will not include vehicular overhang for perpendicular and angular parking when present. 3. The defining perimeter barrier shall be a minimum of three (3) feet and maximum of four (4) feet in height. 4. Barrier color, material and architectural theme shall be complementary to the associated main structure. 5. Landscape architecture (i.e. potted plants, planter boxes, hedges, etc.) may be considered on a case -by -case basis as an acceptable barrier. 6. Barriers shall be arranged to allow adequate ingress and egress in accordance with the American Disability Act (ADA), Anna Code and building code requirements. 7. Barriers shall not impose any damage to the public sidewalk. Any damage which occurs during construction shall be repaired in accordance with City of Anna Public Works Standards, at the owners/applicant's expense. 8. When the outdoor dining area is being utilized for sales, service and consumption of alcoholic beverages, the designated area shall be under continuous supervision at all times by the restaurant staff. 9. 10. Latticework materials and construction shall be architecturally compatible with the associated establishment as determined by the physical attributes of the built environment. 11. Awnings shall be architecturally compatible with the main building, as determined by the physical attributes of the built environment. b. Patio Furnittne 1. Tables and chairs shall be removable unless otherwise approved by the City Manager or his designee. 2. Space heaters and/or heat lanterns may be provided so long as the use and operation of any such heater is in compliance with all S�Planned Development Ordinance applicable building and fire codes and does not present a threat to the health, safety, and welfare of the public. 3. Umbrellas shall be removable and spaced appropriately to provide for adequate pedestrian access. 4. Signs, if proposed, shall comply with the City's Sign Ordinance, 5. Dumpsters and Poly Cart Trash Receptacles or storage areas shall not be located within the outdoor dining area or adjacent to the public right -of --way. c. Decorative Framing and Overhead Latticework 1. The outdoor dining area shall be open on three (3) sides and maintain ninety (90%) percent transparency to the outdoor elements unless bounded by permanent structures (Figure 1). FIGURE 1 I USABLE AREA IrWITHITH SIDE BOUNDARY � �OW LINE Ir I.. W i N ,! 1 U SETBACK ------ --� j I -CURB — ———————-1 V STREET `-USABLE AREA WITH SIDE BOUNDARY 2. Latticework materials and construction shall be architecturally compatible with the main establishment associated, as determined by the physical attributes of the built environment. 6�Planned Develo��ment Ordinance 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) No structure shall be built or altered, including exterior changes in color, materials, and signage except upon approval of the City Manager or his designee. (2) 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 or ground level outdoor dining are the exception. (3) For new construction the building frontage must occupy 80% of the length of the primary lot line within the phase of construction, with a maximum front set back of 15', except if it is served by features such as outdoor eating area, plazas, arcades, etc. (4) The area between 2' to 8' of the primary building frontage shall consist of a minimum of 50% transparent elements. (5) A primary building entrance shall be maintained on the ground floor of the primary building frontage or facade. (6) 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 City Manager or his designee. (7) 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. (See 6 Sign Standards) c. Outdoor pedestrian level lighting on building frontages. d. Sidewalk — Maintain minimum width along the pedestrian right-of-way, including meeting minimum ADA standards. (8) Maximum Residential Units per Acre; Multi-Family/Condominium. a. Density may be up to 32 units per acre if. (1) Non-residential uses comprise a minimum of 10% of the gross floor area of the development or (2) Non-residential uses are contained on 100% of the first floor of the primary street frontage of the same structure with residential uses. b. If residential portions are constructed prior to the non-residential components of the development, a maximum of 24 units per acre shall be constructed prior to construction of the non-residential component. c. In no event shall the multi -family or condominium uses occupy the primary street frontage (Powell Parkway). (9) Schedule of Minimum Square Footage for Residential Uses 7�Planned Development Ordinance Table 1 >, 4W, 0 o 1 E U a C C, Minimum 900 sq. ft. 750 average Living per unit minimum sq. ft. Area (10) Building Materials. Standards shall apply to both Residential and 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, shall 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 with buildi complyng code requirements (Figure 2). 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. 8�Planned Developme❑t Ordinance FIGURE 2 (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. b. Street Trees. Street trees shall be required along all public street frontages. (1) A minimum 12 feet streetscape from 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 3). 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. 9�Planned Develo}�ment Ordinance FIGURE 3 O'SETBACK / OW LINE Nr STREET TREE I i SIDE STREET W a ULTIMATE ROW OF POWELL PKWY. ESTABLISHED BY TXDOT URB (3) Street trees shall be a minimum 7 feet in height and 3-inch Caliper (as measured 12-inches above grade) 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 chinensis Chinquapin Oak Quecus muhlenbergii Winged Elm Ulmus alata Lacebark Ulmus parvifolia Shumard Oak Quercus shumardii (5) (6) Street trees shall generally be spaced at 30 feet on center, but in no case greater than 40 feet apart. lO�Planned Development Ordinance 5 Access and Parking Requirements (a) OFF-STREET PARKING (1) a. Anna Code Part III C Section 38, Parking Space Regulations shall not apply. Instead, the following Schedule of Off-street Parking Standards shall apply. Schedule of Off -Street Parking Number of A. RESIDENTIAL parking Required for Each Spaces Apartment 1 Dwelling Unit B. 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. (2) Vehicular access shall be provided from any frontage other than the primary frontage, where available. (3) Driveways located on the same project site shall be a minimum of 100 linear feet apart from each other. 6 Sign Standards (a) Signs, General. (1) General business signs shall be allowed as provided for in Anna Code Part III-D, Sign Standards. (2) All use of florescent lighting is prohibited. (3) No flashing or running light signs shall be allowed. (4) No pole signs shall be allowed. (5) No banners, except for grand openings and as permitted Anna Code Part III-D Sign Standards shall be allowed. (6) No painted wooden signs. (7) No solid acrylic or vinyl face can or box sign shall be permitted. ll�Planned Development Ordinance (8) Any internally lit sign not in working order shall be repaired, turned off, or removed within 72 hours of the malfunction; and, at no time shall a sign's internal lighting or internal structure be exposed unless it is actively under repair. (9) Neon lighting is allowed only under the following conditions: (a) Location: The use of neon lighting is only allowed when used to enhance the architectural character of that historical building. (b) No neon is allowed to outline buildings or windows of a building. (b) Wall Signs (Figure 4). Figure 4 W?II -S'r- 20 i i u�f 12 �{- )t-6ve 01COC 4araked h'gti�e� if Max•5i=aas�•{t CAVQ 5�iptie:5 u Gto goo s2•.ft - nn�+X (1) Maximum square footage: 40 square feet when the bottom of the sign is located at least 12 feet or higher above grade, and 20 square feet if less than 12 feet above grade. The maximum size may increase by 50% for each story above 3 stories to a maximum of 200 square feet. (2) Maximum height: Not to exceed height of structure (3) Maximum width: None (4) Distance above grade: (See maximum square footage note) 12�PIann�d Development Ordinance (5) Lighting: Internal or external (See additional requirements note) (0) Spacing: Minimum 10 feet distance between wall signs (excluding building identification sign or directory sign) (7) Time limit: None (8) Permitted on -site: One per occupancy, per street frontage (9) Permitted in right -of --way: No (10) Additional requirements: One wall mounted sign, not exceeding 10 square feet in area, is permitted on any side or rear entrance which is open to the public. Such wall signs may only be lighted during the operating hours of business. (c) Blade and hanging signs, including graphic or icon signs, mounted perpendicularly to the wall (Figure 5). (1) Maximum square footage: 6 square feet (2) Maximum height: None (3) Maximum width: 3 feet (4) Distance above grade to bottom of sign: 8 feet or higher (5) Lighting: None permitted (6) Spacing: Minimum 15 feet distance between signs (7) Time limit: None (8) Permitted on -site: One per occupancy (9) Permitted in right -of --way: No (10) Additional requirements: (a) The height of the top edge of the signboard shall not exceed the height of the wall from which the sign projects, if attached to a single story building, or the height of the sill or bottom of any second story window, if attached to a multi -story building. (b) The sign shall be attached in such a manner as to prevent swinging. 13�Planned Development Ordinance Figure 5 � �WYA Tau ex -1�+E heir of e yVau �mM W4* i �ro' �cks br Te kk of OyboTom I Ste $1x1� P"l c��a be &LoNw ktax��n+�n 14�Planned Development Ordinance (d) Projecting Signs (Auto -Oriented) (Figure 6). Figure 6 �i�oj¢GEMAY 14�1S- ov%Q Per buildiv� Maxiwluw► are�at = 36 �t ®VIAXIWMAW !4 (1) Maximum square footage: 36 square feet (2) Maximum height: None (3) Maximum width: 3 feet (4) Distance above grade to bottom of sign: 8 feet or higher (5) Lighting: Internal (6) Spacing: N/A (7) Time limit: Not (8) Permitted on -site: One per building (9) Permitted in right -of --way: May project over the public right -of way no more than 4 feet, and may be subject to an easement use agreement at the discretion of the Department of Public Works. (10) Additional requirements: The depth of the sign can/cabinet shall not exceed 6 inches. 15�Planned Development Ordinance (e) Building Identification Signs (Figure 7). juildiM5 Idamiwi pKe ey pf IlA1 {l 12, C k%(5 er .1 yJemlk level MaxiYMUVi el e Max ht o iers (1) (2) (3) (4) (5) (6) (7) (9) (10) Figure 7 Maximum square footage: 25 square feet Maximum height: None Maximum width: None Distance above grade: 12 feet or higher Lighting: Internal Spacing: None Time limit: None Permitted on -site: One per building face Permitted in right -of --way: N/A Additional requirements: a. Maximum height of 24 inches for letters or logos. b. Applied letters shall be constructed of painted cast metal, bronze, brass, or black anodized aluminum. Applied plastic letters are not permitted. 16�Planneci C)evelopment Ordinance (1) Awning Signs (for ground floor uses only)(r igure 8). �tiynir� �iit�N r`._--- ° ��7 h1d1K �s4Sit+�i5 Figure 8 �a IVT WALL. 51�11 Per 6KOWS r4e� (1) Maximum square footage: 20 square feet (2) Maximum height: None (3) Maximum width: None (4) Distance above grade: 9 feet or higher (5) Lighting: Not permitted (6) Spacing: None (7) Time limit: None (8) Permitted on -site: One per occupancy; per building face (9) Permitted in right -of --way: N/A (10) Additional requirements: a r�4iX�lla'1't1 �1451he5� bhl� a I2ttat" �111811 nQ� (a) If acting as the main business sign, it shall not be in addition 17�Planned Development Ordinance to a wall -mounted sign. (b) If acting as an auxiliary business sign, it shall be located on the valance only, and the height of the lettering shall not exceed 8 inches. (c) The following construction materials are approved: industry accepted metal, canvas and woven vinyl. (g) Building Directory Signs (Figure 9). Figure 9 0 NAME c� 6UILDIN& ' shalt 17e (aca�eci near' rCWW + (imlw �o OM • N(aximm% area=`bS•(�• (1) Maximum square footage: 8 square feet (2) Maximum height: None (3) Maximum width: None (4) Distance above grade: No (5) Lighting: Internal (6) Spacing: None (7) Time limit: None (8) Permitted on -site: One per entrance; shall be located next to the entrance (9) Permitted in right -of --way: N/A (10) Additional requirements: 18�Planned Development Ordinance a. The sign shall project out from the wall to which it is attached no more than 6 inches. b. The sign shall not extend above the parapet, eave or building fayadC. (h) Painted Wall Murals. May be permitted provided special conons are met. (1) Maximum square footage: 100% of wall area (2) Maximum height: N/A (3) Maximum width: N/A (4) Distance above grade: N/A (5) Lighting: External (6) Spacing: None (7) Time limit: None (8) Permitted on -site: One per building (9) Permitted in right -of --way: N/A (10) Special Conditions: a. Murals shall be painted with a weather resistant paint. b. No portion of the mural shall be used to advertise a specific product or service. The mural may display the name or logo of the onsite tenant or an event within the district area. c. The name or logo displayed shall not exceed more than 250/o of the mural area. d. Should the mural become faded, peeled and severely weathered in the opinion of the Building Official, the owner or the person or firm maintaining the same shall, upon written notice from the Building Official, repair or remove the mural or repaint the wall on which mural is painted within 60 days. ]9�Planned Development Ordinance (i) Vertical Banners. J• (1) Maximum square footage: 35 square feet per pole (2) Maximum height: 35 feet to top of banner (3) Maximum width: None (4) Distance above grade: 8 feet above curb or sidewalk (5) Lighting: External (6) Spacing: None (7) Time limit: None (8) Permitted on -site: No more than two vertical banners per pole (9) Permitted in right -of --way: Yes; provided special conditions are met (10) Special Conditions: a. Torn or severely weathered vertical banners shall not be permitted. b. Vertical banners shall be secured at all points of attachment to the pole. portion of a vertical banner shall be used to advertise a specific product or service. Any vertical banner located in the right -of --way may contain the name or logo of an event within the district area or a special community sponsored event, which is sponsored by community -based nonprofit entities. d. Vertical banners may be attached to light standards or other poles in the right -of --way with a permit from appropriate City departments with brackets approved by the Department of Public Works. e. Vertical banners, as described in this section, shall only be permitted in the right -of --way of the district area, except they may be located on both sides of a right -of --way, which acts as a boundary of that district. Window Signs. The sign shall occupy no more than 10% of the window area of a structure, and no sign will be permitted above the second story (Figure 10). 20�Planned Development Ordinance (k) Marquees (Figure 11). i Figure 10 Au 'pN� Figure 11 1�hea�r Name k S� F � VVIh0�D1K �17__. • �VIA ow byea 2ti5-i�iv�. IOr � -{�te lot nQ.YYAlW a over ;ew►La �royy • Nor .intended -b 6e -fie FrIMAY7 5ign,5tbre name, r^ �,tiar�,ucpl • G��y perw�iuY tar�orhw��c momovie,vilead • Np YU►1riIRQ QY f 65,W e5 �iQ�� �iiG7,we� • 7 Marquees with removable and/or changing letters are permitted for Performance and Movie Theaters only. No running or flashing lights shall be allowed. 21�Planned Development Ordinance (1) Menus. In addition to other signage, restaurants and cafes shall be permitted one wall -mounted display per business featuring the actual menu as used at the dining table, to be contained within a shallow wood or metalcase, and clearly visible through a glass front. The display case shall be attached to the building wall, next to the main entrance, at a height of approximately 5 feet, shall not exceed a total area of 3 square feet, and may be lighted. (m) Fascia Signs (Figure 12). Figure 12 ;��►��y+ Moue I/�,NSA�2D N1�UN� 22�Planned Development Ordinance (1) Shall be located only on top of and affixed to a permanently fixed structure which is perpendicular to the building face. The fascia sign may extend over the public sidewalk, if and only to the extent the structure supporting it extends over the public sidewalk. (2) Shall not extend above the second floor ceiling or the top of the roof whichever is less. (3) Shall consist only of letters and/or geometric designs and not constructed as part of a sign can or cabinet. Each letter may be internally illuminated with lights other than florescent or neon. (4) The surface area of the letters and/or geometric designs comprising the sign shall not exceed in the aggregate 40 square feet. 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. Official Zoning Map The official Zoning Map of the City shall be corrected to reflect the change in zoning described herein. Section 4. Savings, Repealing and Severability Clauses It is hereby declared to be the intention of the City Council that the words, sentences, paragraphs, subdivisions, clauses, phrases, and provisions of this ordinance are severable and, if any phrase, sentence, paragraph, subdivision, clause, or provision of this ordinance shall be declared unconstitutional or otherwise invalid or inapplicable by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality, invalidity or inapplicability shall not affect any of the remaining words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional, invalid or inapplicable words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions. Further, all ordinances or parts of ordinances in force when the provisions of this ordinance become effective that are consistent and do not conflict with the terms and provisions of this ordinance are hereby ratified to the extent of such consistency and lack of conflict, and all ordinances or parts of ordinances in force when the provisions of this ordinance become effective that are inconsistent or in conflict with the terms and provisions contained in this ordinance are hereby repealed only to the extent of any such conflict. 23�Flanned Development Ordinance Section 5. Penalty Any violation of any of the terms of this ordinance, whether denominated in this ordinance as unlawful or not, shall be deemed a misdemeanor. Any person convicted of any such violation shall be fined in an amount not to exceed $2,000 for each incidence of violation. Each day a violation exists is considered a separate offense and will be punished separately. Section 6. Publication of the Caption and Effective Date This ordinance shall be effective upon its passage by the City Council, approval by the Mayor, and posting and/or publication, if required by law, of its caption. The City Secretary is hereby authorized and directed to implement such posting and/or publication. PASSED by the City Council of the City of Anna, Texas this day of 2014. ATTESTED: Natha Wilkison, City Secretary APPROVED: Milce Crist, Mayor 24�Planned Development Ordinance ;: i , � i � - r. r � r, �, f �.. f i I _ _� � _ � �� � J , -�� � _�. �i Y(OIIAJ FIOHIETOUfIN Council Meeting: August 26, 2014 Account Code #: N/A Budgeted Amount: N/A Item No.10 City Secretary's use only City of Anna City Council Agenda all Report Staff Contact: Maurice Schwanke Date Prepared: 08/18/14 Exhibits: ■Yes ❑ No AGENDA SUBJECT: a) Public Hearing: To consider public comments on a request by Durrie L Caldwell and Leland R Caldwell, owners of property, to change the existing Planned Development Single Family Residential zoning by (Ordinance No. M2003) to potential Residential with town homes, garden homes and/or apartments; and 25.9 acres to (Cl) Restricted Commercial. The subject property is located on west White Street, west of the Oak Hollow subdivision and south of West White Street. The total request is approximately 51 acres of land. b) Consider/Discuss/Action regarding an ordinance change the existing Planned Development zoning (Ordinance No. 80-2003) to potential Residential with town homes, garden homes and/or apartments; and 25.9 acres to (Cl) Restricted Commercial. The subject property is located on west White Street, west of the Oak Hollow subdivision and south of West White Street. The tract is approximately 51 acres of land. SUMMARY: The zoning request is on approximately 51 acres of land that is located west of the Oak Hollow subdivision and south of West White Street. The property is currently zoned as Planned Development Single Family Residential (SF) by Ordinance No. M2003. The owners are requesting replacing the existing Planned Development No. 80-2003) establishing a new Planned Development for potential Residential single family, town homes, garden homes, apartments or combination on approximately 25.1 acres and 25.9 acres to (Cl) Commercial. This tract has significant topography and is heavily treed. Additionally, the parcel is traversed by Throclmorton Creels from north to south in a meandering fashion. A major north/south wastewater line also traverses the property. Oak Hollow Phase 6A will be providing (currently under construction) a street connection from the south. This street is currently being planned to extend to the north and swing over to the east to provide access to a narrow piece of land that is between this request and Oak Hollow Phase 4 and then swing back to line up with a future median opening in West White Street where Creekside Drive exists. The area on the north end of the tract is proposed as "CM I" as well as the tracts west of Throckmorton Creek. The tracts west of Throckmorton Creek should be planned and develop with the property that faces U.S. 75. Currently, the entire tract is zoned for a minimum lot size or 6,000 square feet, with a 6,500 square foot minimum average; w0th at least 25% of the lots with a minimum of Item No.IO City Secretary's use only 7,500 square feet. The request keeps this scenario on the residential portion of the tract with the flexibility of having multi family, zero lot line homes, or townhouses built on the tract or a combination of the above. The adopted Comprehensive all shows this area as low density residential. However, with the significant topography and the bordering to potential commercial development to the west and north this tract and the seclusionary nature with the significant trees along Throckmorton Creels lends itself to potentially becoming a good location for the proposed uses. As such the staff is recommending approval of this request. PLANNING AND ZONING ACTION: The Planning and Zoning recommended approval of the proposed ordinance at their meeting on August 4th, 2014. The vote was 5 ayes and 1 nay. RECOMMENDED ACTION: Approval of Ordinance Please publish the attached in the legal section of the newspaper at the earliest possible date. Please send tear sheet, publisher's affidavit, and bill to the City of Anna. CITY OF ANNA PUBLIC HEARINGS ON ZONING CHANGES A public heating will be conducted by the City Council of the City of Anna on Tuesday, August 26, 2014 at 7#30 p.m. at the Community Room of the Anna City Hall Administration Building located at 111 North Powell Pkwy (Hwy 5) Anna, Texas, to hear public comment regarding amendments to the City's Comprehensive Plan, the City's zoning map, and the City's Zoning Ordinance. The public hearing will respectively concern the City Council's consideration of an ordinance described as follows: AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY'S COMPREHENSIVE PLAN, ZONING MAP, AND ZONING ORDINANCE AND CHANGING THE ZONING OF CERTAIN PROPERTY AS DESCRIBED HEREIN, PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE, PROVIDING FOR A PENALTY CLAUSE NOT TO EXCEED $2,000 OR THE HIGHEST PENALTY AMOUNT ALLOWED BY LAW, WHICHEVER IS LESS, AND, PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. The property is currently zoned as Planned Development Single Family Residential (SF), by Ordinance No. 80-2003. The tract is approximately 51 acres of land. The owner(s) are requesting replacing the existing Planned Development (No. 80-2003) establishing a new Planned Development for potential Residential single family, town homes, garden homes, apartments or combination on approximately 25.1 acres and 25.9 acres to (Cl) Commercial. The subject property is located on west White Street, west of the Oak Hollow subdivision and south of West White Street. Copies of the rezoning request, including a map of the property generally described above, at•e available for review during regular office hours at the office of the City Secretary, Anna City Hall, at 111 N. Powell Parkway, Anna, Texas. Written comments on the zoning requests/changes are welcomed and will be accepted until the time of the public hearings and may be presented at the hearings. Speakers at the hearings will be heard according to their order on a listing to be established for such purpose by the City Secretary. CITY OF ANNA, TEXAS (Property rezoned under this ordinance is generally located on the south side of FM 455 and bordering Throckmorton Creek) 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. WHEREAS, the City of Anna, Texas ("City") has previously adopted ordinances, rules and regulations governing the zoning in the City; and WHEREAS, the City has received a requested zoning change on Property described in Exhibit A and Exhibit B ("Property") attached hereto and incorporated herein for all purposes as if set forth in full; and WHEREAS, said Property generally located on the south side of FM 455 adjacent to Throckmorton Creels being rezoned from "PD - Single Family Residential" zoning district to "C-1 Restricted Commercial & Planned Development (PD) zoning; and WHEREAS, the Planning and Zoning Commission of the City and the City Council of the City of Anna ("City Council") 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 and generally to all persons interested in and situated in the affected area and in the vicinity thereof, the City Council has concluded that the Zoning Ordinance of the City should be amended as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated The above recitals are incorporated herein by reference for all purposes. Section 2. Zoning Change The Comprehensive Plan of the City and City of Anna Ordinance No. 116-2003 as amended and codified as Part III-C of The Anna City Code of Ordinances are hereby amended by changing the zoning of the Property described in Exhibit A from PD - Single Family Residential to C-1 Restricted Commercial (Tract A - being approximately 21.3± gross acres) & PD - Planned Development (Tract B - being approximately 29.7± gross acres) zoning. The Planned Development (PD) area zoning regulations limit the uses of the Property or any part thereof to those permitted in Single Family Residential District (SF- 60), Single Family Residential District — (SF-Z), Single Family Residential District (SF-TH) and Multi Family Residential (MF-1) with a maximum of 250 units within Tract B. 1 Permitted Uses in the Planned Development: Single Family Homes are to be developed under the standards of the SF-60 standards except for the chan eg s as follows: 1. SINGLE FAMILY RESIDENTIAL- SF-60 (6,000 Square Feet Min. Lot Size) i. Setbacks: Minimum side yard — 5 feet; however, 15 feet shall be required on a corner lot adjacent to a side street. ii. Lot Dimensions: The minimum dimensions for residential lots will be as follows: Minimum lot area — 6,000 square feet, with a 6,500 square foot minimum average; at least 25% of the lots in the PD shall be a minimum of 7,500 square feet. Minimum lot width Minimum lot depth 50 feet at building line 120 feet iii. Minimum Dwellin A� rea: Minimum 1,300 square feet air conditioned living space iv. Maximum Height: Two and one-half (2 r/2) stories or thirty-five (35) feet, whichever is greater (excluding chimneys and vent stacks, cupolas, entry features, skylights, and other architectural features not intended for occupancy or storage). v. Maximum Lot Coverage: Maximum lot coverage will be forty five percent (45%). "Coverage" means the percentage of lot area covered by a roof or other structure (including accessory structures). 2. SINGLE FAMILY RESIDENTIAL ZERO LOT LINE — SF-Z Zero Lot Line homes are to be developed under the standards of the the SF-Z standards except for the changes as follows: i. Maximum Hei hg_t•. Two and one-half (2 r/2) stories or thirty-five (35) feet, whichever is greater (excluding chimneys and vent stacks, cupolas, entry features, skylights, and other architectural features not intended for occupancy or storage). 3. SINGLE FAMILY RESIDENTIAL TOWNHOUSE — SF-TH Townhouses are to be developed under the standards of the the SF-TH standards except for the Chan es as follows* i. Off -Street Parlcin�: A minimum of two (2) spaces are required with one (1) of the spaces enclosed. (spaces must be located on the same lot as the dwelling unit). 4. MF-1 MULTIPLE FAMILY RESIDENTIAL —LOW DENSITY Multi -family Units: Multi -family units shall be only be allowed within Tract B. Any Multi family area shall be developed in accordance with the "MF-1 — Multiple Family Residential" regulations of the City of Anna Zoning Ordinance as presently exist or as they may be amended. A maximum of eighteen (18) units per gross acre of land and a total of no more than 250 units within Tract B shall be permitted. Additionally, multifamily units shall be developed in accordance with the following criteria: i. Lot Area: The minimum area of any lot shall be .shall be 8 acres if property is developed as Multi - Family. ii. Required Parkin: Parking requirements for multifamily development areas shall be one and one- half (1.5) spaces per one -bedroom and efficiency units, two (2) spaces per two or more bedroom units. iii. Minimum Dwelling: The minimum floor area for multifamily units with one bedroom shall be six hundred (600) square feet, exclusive of garages, open breezeways and porticos. Any additional bedrooms shall be a minimum of 150 square feet. iv. Lot Coverage and Open Space: In no case shall more than fifty (50) percent of the total lot area by covered by the combined area of the main buildings and accessory buildings. a. All MF units must be located within six hundred feet (600') of a usable open space area. The Planning &Zoning Commission may approve this distance to be increased to up to one thousand two hundred feet (1,200') if the shape of the MF development is irregular or if existing trees/vegetation on the site can be preserved by increasing the distance. b. Within useable open space areas, there shall be at least one (1) tree for every one thousand (1,000) square feet of space. New trees planted to meet this requirement shall be a minimum of three inches (Y) in caliper. c. Individual usable open space areas shall be at least twenty thousand (20,000) square feet in size. Useable open space must be a minimum of fifty feet (50') wide, and must have no slope greater than ten percent (10%). At the time of Site Plan approval, the Planning & Zoning Commission may approve, full or partial credit for open areas that exceed the 20% maximum slope if it is determined 3 that such areas are environmentally or aesthetically significant and that their existence enhances the development or the surrounding area. d. Pools, tennis courts, walkways, patios and similar outdoor amenities may be located within areas designated as useable open space. Areas occupied by enclosed buildings (except for gazebos and pavilions), driveways, parking lots, overhead electrical transmission lines and easements, drainage channels and antennas may not be included in calculating useable open space. v. Lot Width: The minimum width of any lot shall not be less than fifty (50) feet. vi. Lot Depth: The minimum depth of any lot shall not be less than one hundred twenty (120) feet. vi. Front Yard: The minimum depth of the front yard shall be twenty-five (25) feet. vii. Side Yard: The minimum side yard on each side of the lot shall be ten (10) feet. A side yard adjacent to a street shall be a minimum of twenty-five (25) feet. A building separation of fifteen (15) feet shall be provided between multi -family structures. If a side yard is adjacent to a single family residential district, there shall be a twenty-five (25) foot setback and a sixty (60) foot setback from the adjacent property line for buildings in excess of one story in height. viii. Rear Yard: The minimum depth of the rear yard shall be twenty-five (25) feet. If a rear yard is adjacent to a single family residential district, there shall be a sixty (60) foot setback from the adjacent property line for buildings in excess of one story in height ix. Maximum Height: Buildings shall be a maximum of three (3) stories, not to exceed forty five (45) feet in height. Chimneys, antennae and other architectural projections not used for human occupancy may extend five (5) feet above this height limit. x. Screening Requirements: Border fencing of masonry construction (approved by the City) of not less than eight feet in height shall be installed by the builder at the time of construction of any Multi -family complex, along the property line on any perimeter not abutting a creek, public street or right-of-way. This fence shall be maintained throughout the existence of the multi -family complex by the owner of the complex. xi. Stammered Wall Line: Front elevation walls must have a minimum four (4) foot offset between the relative front walls (exclusive of exterior balconies) of two adjacent units in the same building. xii. Masonry Requirements: All principal multi -family buildings and structures shall have at least ninety percent (90%) of the total exterior walls above grade level, excluding doors and windows, and recessed balcony areas constructed of acceptable masonry wall construction, in accordance with the city's building code and fire prevention code. xiii. A minimum of 10 percent of the parking spaces must be covered. Garages serving no less than thirty six (36%) of the units shall be the same or similar to the facade materials of the main structures, L� xiv. The building must have roof articulation approved by the Planning Director. The main roof plane shall not occupy more than 70 percent of the plane. xv. The Club House must be constructed during the construction of the first phase of the planned development to receive a certificate of occupancy. xvi. The water and sewer service for this property must be approved by the City. . The property must be platted prior to the issuance of a building permit. . Any structure over 6,000 square feet shall be sprinkled. Additionally, firewalls required by code or recommendations from the Fire Chief will be addressed during plan review. e. Plats and/or site plans submitted for the development of the PD shall conform to the data presented and approved on the Conceptual Development plan. Non -substantial changes of detail on the final development plan(s) that differ from the Conceptual Development plan may be authorized by the City Council with the approval of the final development plan(s) and without public hearing. Section 3. Official Zoning Map The official Zoning Map of the City shall be corrected to reflect the change in zoning described herein. Section 4. Savings, Repealing and Severability Clauses It is hereby declared to be the intention of the City Council that the words, sentences, paragraphs, subdivisions, clauses, phrases, and provisions of this ordinance are severable and, if any phrase, sentence, paragraph, subdivision, clause, or provision of this ordinance shall be declared unconstitutional or otherwise invalid or inapplicable by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality, invalidity or inapplicability shall not affect any of the remaining words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional, invalid or inapplicable words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions. Further, all ordinances or parts of ordinances in force when the provisions of this ordinance become effective that are consistent and do not conflict with the terms and provisions of this ordinance are hereby ratified to the extent of such consistency and lack of conflict, and all ordinances or parts of ordinances in force when the provisions of this ordinance become effective that are inconsistent or in conflict with the terms and provisions contained in this ordinance are hereby repealed only to the extent of any such conflict. Section 5. Penalty Any violation of any of the terms of this ordinance, whether denominated in this ordinance as unlawful or not, shall be deemed a misdemeanor. Any person convicted of any such violation shall be fined in an amount not to exceed $2,000 for each incidence of violation. Each day a violation exists is considered a separate offense and will be punished separately. Section 6. Publication of the Caption and Effective Date This ordinance shall be effective upon its passage by the City Council, approval by the Mayor, and posting and/or publication, if required by law, of its caption. The City Secretary is hereby authorized and directed to implement such posting and/or publication. PASSED by the City Council of the City of Anna, Texas this day of 2014. ATTESTED: Natha Wilkison, City Secretary APPROVED: Mike Crist, Mayor HGR14005-Park Place Anna, TX Zoning Exhibit Legal Description Tract "A" Being a part of a called 50.769 acre tract of land situated in the City of Anna, Collin County, Texas, in the Thomas Rattan Survey Abstract No. 782 described in Document Number 20100122000070530 in the records of the Collin County Deed Records, said tract being more particularly described by metes and bounds as follows: BEGINNING at a point in the South Right -of -Way line of F.M. Highway No. 455 at the Northeast corner of Anna Retail Addition, an addition to the said City of Anna, Collin County, Texas recorded in County Clerk File No. 20070620010002150, said point being the beginning of a curve to the left; THENCE following the South Right -of -Way line of F.M. Highway No. 455 along said curve for a distance of 212.82 feet through a central angle of 30° 37' 44" having a radius of 398.10 feet and a chord bearing S 620 26' 8" E, 210.29 feet; THENCE continuing along the South Right -of -Way line of F.M. Highway No. 455, S 77° 45' 00" E, 171.20 feet to the beginning of a curve to the left; THENCE continuing along the South Right -of --Way line of F.M. Highway No. 455, along said curve for a distance of 282.65 feet through a central angle of 21 ° 25 00" having a radius of 756.20 feet and a chord bearing S 88° 27' 30" E, 281.02 feet; THENCE continuing along the South Right -of -Way line of F.M. Highway No. 455, N 800 50 00 E, 321.50; THENCE S 000 03' 41" E, 926.53 feet; THENCE S 890 52' 58" W, 641.17 feet to a point lying in the approximate center of Throckmorton Creek; THENCE along the approximate center of Throckmorton Creek for the following courses: THENCE S 180 33' 5" W, 13.41 feet; THENCE along anon -tangent curve to the left for a distance of 63.56 feet through a central angle of 34° 49' 39" having a radius of 104.56 feet and a chord bearing S 10 8' 16" W, 62.58 feet; THENCE S 060 27' 11" E, 46.52 feet; THENCE S 180 38' 26" W, 39.29 feet; THENCE S 61 ° 57 57 W, 18.35 feet; THENCE N 76° 46 24 W, 49.40 feet; THENCE N 43° 37' 54" W, 31.72 feet; THENCE N 23° 51' 37" W, 20.16 feet; THENCE along anon -tangent curve to the left for a distance of 98.25 feet through a central angle of 107° 32' 18" having a radius of 52.35 feet and a chord bearing N 77° 47' 35" W, 84.45 feet; THENCE S 29° 45' 32" W, 19.65 feet; THENCE S 07° 35' 56" E, 19.65 feet; THENCE S 34° 09' 05" E, 152.58 feet; THENCE S 12° 41' 13" E, 26.40 feet; THENCE S 13° 37' 15" W, 26.40 feet; THENCE S 01 ° 19' 28" W, 35.34 feet; THENCE S 490 34' 34" E, 35.34 feet; THENCE S 79° 43' 00" E, 54.84 feet; THENCE S 89° 05' 49" E, 54.84 feet; THENCE N 830 16' 13" E, 52.84 feet; THENCE N 340 44' 25" E, 59.39 feet; THENCE along anon -tangent curve to the right for a distance of 60.31 feet through a central angle of 112° 32' 20" having a radius of 30.70 feet and a chord bearing S 78° 41' 51 " E , 51.07 feet; THENCE S 14° 16' 16" E, 64.42 feet; THENCE S 030 49' 39" W, 20.77 feet; THENCE S 300 00' 49" W, 57.19 feet; THENCE S 530 15' 07" W, 16.50 feet; THENCE N 87° 11' 48" W, 47.54 feet; THENCE S 53° 35' 27" W, 31.04 feet; THENCE S 14° 55' 09" W, 17.33 feet; THENCE S 28° 27' 10" E, 49.26 feet; THENCE S 00° 37 57 W, 51.76 feet; THENCE S 45° 41 49 W, 20.99 feet; THENCE S 77° 24' 18" W, 25.94 feet; THENCE N 64° 22' 29" W, 67.87 feet; THENCE N 87° 11' 17" W, 16.06 feet; THENCE S 61 ° 52' 00" W, 186.11 feet; THENCE S 16° 10' 33" W, 38.45 feet; THENCE S 09° 47' 30" W, 70.59 feet; THENCE S 54° 55' 30" W, 32.31 feet; THENCE S 18° 56' 12" W, 17.33 feet; THENCE S 06° 27' 40" E, 32.56 feet; THENCE S 220 37' 45" E, 32.56 feet; THENCE S 450 31' 37" E, 141.30 feet; THENCE S 21 ° 26' 00" E, 19.63 feet; THENCE S 04° 07' 55" W, 69.29 feet; THENCE S 26° 20' 51" E, 30.39 feet; THENCE S 76° 06' 31" E, 22.80 feet; THENCE N 570 33' 40" E, 26.36 feet; THENCE N 170 57' 11" E, 64.21 feet; THENCE N 400 15' 47" E, 41.33 feet; THENCE N 820 40' 40" E, 40.26 feet; THENCE S 340 56' 16" E, 40.26 feet; THENCE S 040 22' 16" E, 85.55 feet; THENCE S 190 25' 48" E, 74.39 feet; THENCE S 27° 51' 41" W, 29.90 feet; THENCE S 77° 17' 58" W, 156.21 feet; THENCE S 31 ° 53' 18" W, 36.67 feet; THENCE S 28° 57' 55" E, 36.67 feet; 3 THENCE S 51 ° 40' 01" E, 41.09 feet; THENCE 0 13° 34 55 E, 27.24 feet; THENCE S 47° 08' 16" W, 27.24 feet; THENCE S 74° 27' 00" W, 86.87 feet; THENCE S 39° 51' 09" W, 111.20 feet; THENCE N 01° 24' 49" W, 1,480.72 feet; THENCE N 01° 43' 05" W, 1,023.96 feet to the POINT OF BEGINNING, containing 25.701 Acres, more or less. This document was prepared under 22 TAC 663.21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared. 0 HGR14005-Park Place Anna, TX Zoning Exhibit Legal Description Tract "B" Being a part of a called 50.769 acre tract of land situated in the City of Anna, Collin County, Texas, in the Thomas Rattan Survey Abstract No. 782 described in Document Number 20100122000070530 in the records of the Collin County Deed Records, said tract being more particularly described by metes and bounds as follows: COMMENCING at a point in the South Right of Way line of F.M. Highway No. 455 at the Northeast corner of Anna Retail Addition, an Addition to the said City of Anna, Collin County, Texas recorded in County Clerk File No. 20070620010002150, said point being the beginning of a curve to the left; THENCE following the South Right of Way line of F.M. Highway No. 455 along said curve for a distance of 212.82 feet through a central angle of 30° 37' 44" having a radius of 398.10 feet and a chord bearing S 620 26' 8" E, 210.29 feet; THENCE continuing along the South Right of Way line of F.M. Highway No. 455, S 77° 45' 00" E, 171.20 feet to the beginning of a curve to the left; THENCE continuing along the South Right of Way line of F.M. Highway No. 455, along said curve for a distance of 282.65 feet through a central angle of 21 ° 25 00" having a radius of 756.20 feet and a chord bearing S 88° 27' 30" E, 281.02 feet THENCE continuing along the South Right of Way line of F.M. Highway No. 455, N 80° 50 00 E, 321.50 feet; THENCE S 00 03' 41" E, 926.53 feet to the POINT OF BEGINNING THENCE S 00 03' 41" E, 1,508.14 feet; THENCE S 890 37' 50" W, 886.77 feet; THENCE N 10 24' 49" W, 26.60 feet to a point lying in the approximate center of Throckmorton Creek; THENCE along the approximate center of Throckmorton Creek for the following courses: THENCE N 390 51' 09" E, 111.20 feet; THENCE N 74° 27' 00" E, 86.87 feet; THENCE N 47° 08' 16" E, 27.24 feet; THENCE N 13° 34' S5" W1 27024 feet; THENCE N 51 ° 40 01 W, 41.09 feet; THENCE N 28° 57' S5" W, 36.67 feet; THENCE N 31 ° 53' 18" E, 36.67 feet; THENCE N 77° 17' S8" E, 156.21 feet; THENCE N 27° 51' 41" E, 29.90 feet; THENCE N 19° 25' 48" W, 74.39 feet; THENCE N 4° 22' 16" W, 85.55 feet; THENCE N 34° 56' 16" W, 40.26 feet; THENCE S 82° 40' 40" W, 40.26 feet; THENCE S 40° 15' 47" W, 41.33 feet; THENCE S 17° 57' 11" W, 64.21 feet; THENCE S 570 33' 40" W, 26.36 feet; THENCE N 760 06' 31" W, 22.80 feet; THENCE N 260 20' 51" W, 30.39 feet; THENCE N 4° 07' 55" E, 69.29 feet; THENCE N 21 ° 26' 00" W, 19.63 feet; THENCE N 45° 31' 37" W, 141.30 feet; THENCE N 220 37' 45" W, 32.56 feet; THENCE N 60 27' 40" W, 32.56 feet; THENCE N 180 56' 12" E, 17.33 feet; THENCE N 540 55' 30" E, 32.31 feet; THENCE N 90 47' 30" E, 70.59 feet; THENCE N 16° 10' 33" E, 38.45 feet; THENCE N 610 52' 00" E, 186.11 feet; THENCE S 87° ]]it E, 16.06 feet; THENCE S 64° 22' 29" E, 67.87 feet; THENCE N 77° 24' 18" E, 25.94 feet; THENCE N 45° 41' 49" E, 20.99 feet; 2 THENCE N 0° or S7" E, 51.76 feet; THENCE N 28° 27 10 W, 49.26 feet; THENCE N 14° 55' 09" E, 17.33 feet; THENCE N 53° 35' 27" E, 31.04 feet; THENCE S 87° 11' 48" E, 47.54 feet; THENCE N 53° 15' 07" E, 16.50 feet; THENCE N 30° 00' 49" E, 57.19 feet; THENCE N 3° 49' 39" E, 20.77 feet; THENCE N 14° 16' 16" W, 64.42 feet; THENCE along anon -tangent curve to the left for a distance of 60.31 feet through a central angle of 1120 32' 20" having a radius of 30.70 feet and a chord bearing N 780 41' 51 " W , 51.07 feet THENCE S 340 44' 25" W, 59.39 feet; THENCE S 830 16' 13" W, 52.84 feet; THENCE N 89° 05' 49" W, 54.84 feet; THENCE N 79° 43' 00" W, 54.84 feet; THENCE N 49° 34' 34" W, 35.34 feet; THENCE N 10 19' 28" E, 35.34 feet; THENCE N 13° 37' 15" E, 26.40 feet; THENCE N 120 41' 13" W, 26.40 feet; THENCE N 340 09' 05" W, 152.58 feet; THENCE N 70 35' 56" W, 19.65 feet; THENCE N 290 45' 32" E, 19.65 feet; THENCE along anon -tangent curve to the right for a distance of 98.25 feet through a central angle of 107° 32' 18" having a radius of 52.35 feet and a chord bearing S 77° 47' 35" E, 84.45 feet THENCE S 23° 51' 37" E, 20.16 feet; THENCE S 43° 37' 54" E, 31.72 feet; THENCE S 76° 46' 24" E, 49.40 feet; 3 THENCE N 61 ° 57 57 E, 18.35 feet; THENCE N 18° 38 26 E, 39.29 feet; THENCE N 6° 27' 11" W, 46.52 feet; THENCE along anon -tangent curve to the right for a distance of 63.56 feet through a central angle of 34° 49' 39" having a radius of 104.56 feet and a chord bearing 3 10 811611 W, 62.58 feet; THENCE N 18° 33' 5" E, 13.41 feet; THENCE departing the approximate center of Throckmorton Creek, N 89° 52' 58" E, 641.17 to the POINT OF BEGINNING, containing 25.068 Acres, more or less. This document was prepared under 22 TAC 663.21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared. Il iINt TO'IJ,S. FLOUT 75� vI NI-1I = = _ _ f WII NiFIN rdNI ,I FII IIIF II 11 IT IF IV I tj O fI FF , : COUNTY Ro = ; _ ;. _ _ _ = _ NIjIpINI III II TFII �. - - `t _ If _ `01 II _ v. to 11 ITI LIIIi a. siA Z. VI o Ni II IFTITItr Nt tc' f 3 l i' jf r,s +! 9 NIft Ft I i `o ` t (I t TRACT A' t — .;\ i' f tI Is tr FF 'N. OFFICE APPROXIMATE t 25.9 ACRES FEMA 400 YR FLOOD_FL — i rr I = ;I i= � a APPROXIMATE,, fi FUTURE` PERSIMMON' DRIVE ALIGNMENT; '`' (SUB J�CT TO CHANGE) 5: ;}` ,: aPPRoxinnATE TRACT 'B' 20'• UTILITY ESMT PD -;'TO THE CITY OF.ANNA ; ` RESIDENTIAL I ` VOL 5550, PG 297 a' i t 25.1 ACRES iI 'r l E1PpROXI(v1AtE S.? FEMA 106 YR j 'FLOgDPLAIN _''i IfI 'F f IF — IT IiI .. .r ;I'IsIF IT it ;t41 f IT I IF IN k If I III I F I, I I I I t I I I I , I I 1 7 , II FIT IN FAL ITT- t IytuLBEFjFtI DR rL t. SITE Council Meeting: August 264 2014 Account Code #: N/A Budgeted Amount: N/A Item No. 11 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Maurice Schwanlce Date Prepared: 08/18/14 Exhibits: ■Yes ❑ No AGENDA SUBJECT: Consider/Discuss/Action regarding an Ordinance abandoning a portion of Sixth Street and authorizing the Mayor to execute a quitclaim deed. SUMMARY: This ordinance abandons a portion of Sixth Street that was never constructed in the block between Powell Parkway and Riggins Street. Further to the west of this site the City Quonset exists in the right -of --way. The abandoned right-of-way will be incorporated into the Jonic Addition Plat which is on the Council Agenda following this action. The property has been researched and no private or public utilities are located on the tract. Additionally, the property has been maintained in the past by the owners of the Jonic Addition property. RECOMMENDED ACTION: Approval of Ordinance CITY OF ANNA, TEXAS ORDINANCE NO. AN ORDINANCE BY THE CITY OF ANNA, TEXAS, VACATING AND ABANDONING A PORTION OF THE RIGHT-OF-WAY IN THE HENRY BRANTLEY SURVEY, ABSTRACT NO. 71 IN THE CITY OF ANNA, COLLIN COUNTY, TEXAS; DECLARING THAT SAID RIGHT OF WAY IS UNNECESSARY FOR USE BY THE PUBLIC; AUTHORIZING THE MAYOR OF THE CITY TO EXECUTE A QUITCLAIM DEED RELEASING THE PUBLIC'S RIGHT, TITLE AND INTEREST IN A CERTAIN PORTION OF SAID RIGHT OF WAY; PROVIDING FOR SEVERABILITY OF THE ORDINANCE AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, the City of Anna, Texas, ("City") is a home rule municipality acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City of Anna City Council ("City Council") recognizes the need to vacate and abandon a portion of right-of-way as more fully described and depicted in Exhibit "A" and Exhibit "B" attached hereto and incorporated herein by reference (said portion being hereinafter referenced as the "Right of Way"); and WHEREAS, the City Council, after careful study and consideration, has determined that the Right of Way is no longer required for use by the general public, nor convenient to the public in general and, therefore, constitute a public charge without a corresponding public benefit, and the public would be better served and benefitted by its vacation and abandonment; and WHEREAS, in association with the City's abandonment of the Right of Way, the City desires to execute a quitclaim deed releasing all %J the City's right, title and interest in a certain portion of the Right of Way. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. The above recitals are hereby found and determined to be true and correct and are incorporated in this section by reference. Section 2. The Right of Way, as further described in the attached in Exhibit "A" and Exhibit "B," said Right of Way being heretofore held by the City of Anna, Texas in the public's trust is hereby vacated and abandoned. Section 3. The Mayor of the City is hereby authorized and empowered to execute, on behalf of the City, a quitclaim deed releasing to an abutting property owner all of the City's right, title and interest of a certain portion the Right of Way, said portion being CITY OF ANNA, TEXAS ORDINANCE NO._ Page 1 of 2 further described in a Quitclaim Deed, the form of which is attached hereto as Exhibit "C Section 4. It is hereby declared to be the intention of the City Council that the phrases, sentences, paragraphs, subdivisions, clauses, phrases, or provisions of this Ordinance are severable and, if any phrases, sentences, paragraphs, subdivisions, clauses, phrases, or provisions of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, sentences, paragraphs, subdivisions, clauses, phrases, or provisions of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional phrases, sentences, paragraphs, subdivisions, clauses, phrases, or provisions. Section 5. This Ordinance shall be in full force and effect from and after its passage by the City Council, and approval by the Mayor, and it is so ordained. PASSED AND APPROVED by the City Council of the City of Anna, Texas this day of , 2014. APPROVED: City Secretary, Natha Wilkison Mayor, Mike Crist CITY OF ANNA, TEXAS ORDINANCE NO._ Page 2 of 2 EXHIBIT A 0.230 ACRE 6tn Street Abandonment Adjacent to Jonic Investments, LLC SITUATED in the City of Anna, Collin County, Texas, in the Henry Brantley survey, abstract no. 71, being a survey of part of the 80 foot wide right-of-way of 6tn Street of the Original Town of Anna according to the map thereof recorded in volume 21, page 368 of the Collin County deed records; being described by metes and bounds as follows: BEGINNING at a Y2-inch iron pin set on the south side of a 1/2-inch iron pin found at the northeast corner of Block 2 of said Original Town of Anna; same being on the south right-of-way line of said 6tn Street and in the west right-of-way line of the D.A.R.T. railroad; same being the northeast corner of a tract of land recorded in volume 2250, page 244; THENCE North 87°4958" West, with the north line of said Block 2, the north line A said tract in volume 2250, page 244 and the south right-of-way line of said 6tn Street, 125.76 feet to a Y2-inch iron pin set in the east line of the 4.160 acre tract recorded as clerk's file no. 20091020001289220; THENCE North 01 °48'29" East, with the east line of said 4.160 acre tract, 80.00 feet to a 1/2-inch iron pin found in the north right-of-way line of said 6tn Street; THENCE South 87°49'58" East, with the north right-of-way line of said 6tn Street and the south line of Block 3 of said Original Town of Anna, 125.71 feet to a 1/2-inch iron pin set at the southeast corner of said Block 3 and in the west right-of-way line of said D.A.R.T. railroad; THENCE South 01 °46'29" West, with the west right-of-way line of said D.A.R.T. railroad, 80.00 feet to the PLACE OF BEGINNING and containing 0.230 acre. QUITCLAIM DEED STATE OF TEXAS § COUNTY OF COLLIN § KNOW ALL MEN BY THESE PRESENTS: For and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City of Anna, Texas ("Grantor") 111 North Powell Parkway, Anna, Texas 75409, Collin County, Texas, does hereby forever quitclaim to ("Grantee," whether one or more), all of Grantor's right, title, and interest in land situated in the City of Anna, Collin County, Texas, in the Henry Brantley survey, abstract no. 71, being a survey of part of the 80 foot wide right-of-way of 6th Street of the Original Town of Anna according to the map thereof recorded in volume 21, page 368 of the Collin County deed records, and more particularly described by metes and bounds in Exhibit "1" and Exhibit "2" attached hereto and made a part hereof for all purposes. TO HAVE AND TO HOLD all of Grantor's right, title and interest in and to the above described land unto the said Grantee, its successors and assigns forever, so that neither Grantor nor Grantor's legal representatives, successors or assigns shall have, claim or demand any right or title to the aforesaid land, premises or appurtenances or any part thereof. EXECUTED this day of , 2014 by the Mayor of the City of Anna in accordance with the authority granted him by the City Council of the City of Anna, Texas through passage of City of Anna Ordinance No. CITY OF ANNA, TEXAS By: Mike Crist, Mayor Before me on this day personally appeared Mike Crist, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he is the Mayor of Anna, Texas, he acted on and by the authority of the City Council and executed this deed for the purposes and consideration therein expressed. Given under my hand and seal of office this day of 120146 Notary Public in and for the State of Texas W % n � p o O N < N c z$n _ - MEE>g_ EE c EEaEE _ e �Fe°E Lc aE 0'6�E `ouvE�9o0°c-ac._ "a0 ES°°� a E C o°$noE V ceaEcb_ Eg eEa'i eyTUM. - `Euc - �Eoa _ Ov 5 ?a _ _ _ ;EmpE ae� E5° '`p 0i W-cEQ=cc= 5 c aCu _ aoo -°Sv °w °,.a EVo u.'. p- azoc a = 'ls <n; aEaeE3 gx wa vaFo e2e5m2iE Cc`�¢°V° `Eo' oEnco ` aPc°da c nerE°U =rn O- -3°=- a av0� _ E 9 NnHS - :sr cOo °�'` _ nab- `E�' tEc __N{` _ 5,���s�, .yap _ _ aE ..o �" �Yv _ _w p 2^.V 'L„ cct UEEr �k, w c �ON 0m _ _ _ E$z z -z] r'w�9 num_C - - - E - 2 u2 a �3 _ r!n COO °+u u«.i°a° na ==._mn Cnu .. oz�u� t5 c_ a SF asp PEE E 0 wu € z xTO €SS a o « E u vw c WISV3 IfJ1SV3 n of a _ v A31a3ry: > F sN�9ma r a - N-3M� 311ir171 WE ns31N[AA>d 31b1S 113AO4 33a12 S3'. r Zc Ol aeoaitva rawaow mz cl pdYZ w> p �Cit o oswW z _ zwMo� _ <a om a zW�w 13381S SNI99I8NO %a - - o \\\uw _ .[d4EE I. ,62191cjo S n> � F W J um J J IILl �ia� NI CfK o F� n ul Ed U uUV _UU w w N ri FU¢ Wu"i I> CS �m E@ m� ��v _ FdN I� W� �J v3 >� a'o _ �' _ 'ANC io Oj� Ll I .,a �v0 o FWo:Fu w l_� -gz a�uw iz No > JO .OtlLs2 V2,8_ G N / u zcw w 3 dN rc ry Oyu �m ry v oCg -+ I �WN 4 r' "<m ^�> u uO NZ ZCQ 10 Ogn u ON uw - z u uC,nwu I Item No. 12 City Secretary's use only City of Anna City Council Agenda Staff Report FLOMETOWN Council Meeting: August 26, 2014 Staff Contact: Maurice Schwanke Account Code #: N/A Date Prepared: 08/18/14 Budgeted Amount: N/A Exhibits: ■Yes ❑ No AGENDA SUBJECT: Approve a Resolution regarding "Jonic Addition" final plat. SUMMARY: The Jonic Addition final plat combines 5 lots of Blocic 3 of the Original Town Plat with 10 foot of an abandoned alley with a portion of 6th Street. Prior to filing this plat with the county the abandonment will need to take place with the abandonment information included. The abandonment approval procedure is the preceding council action. PLANNING AND ZONING ACTION: The Planning and Zoning recommended approval at their July 14, 2014 meeting of the final plat with the conditions that staff comments are met before going to Council for final approval. The vote was unanimous. RECOMMENDED ACTION: Approval of final plat after abandonment of 6th Street right -of --way. CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE FINAL PLAT FOR THE "JONIC ADDITION" IN THE AREA GENERALLY LOCATED SOUTH OF FIFTH STREET AND WEST OF RIGGINS STREET. WHEREAS, In order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the "City Council") has adopted Part III -A of the Anna City Code of Ordinances ("Subdivision Regulations"); and WHEREAS, the Planning and Zoning Commission has recommended that the City Council approve the Jonic Addition Final Plat. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval of Final Plat The City Council hereby approves the Jonic Addition final plat attached. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 26t" day of August, 2014. ATTEST: Natha Wilkison, City Secretary Mayor, Mike Crist An 40 out- �E e° _ -0 V 000d`d°w r �y �_� In 0,0W am EE ° CAI `o EEE Ep so`„L�.[ m5 0�`a°a'oE= -`E �eE °E & In s __ CA VI e`° .a , VCs of 00 - �oz� `�oaaa�mo - -�Be" W. aEa__�mr cc=_ %EZ S a,-v - _ _ 3Em°2 �2<<- An f c5c a Ezi"E�°-- a a"t - -Do a � _ - - _ awn°-&FAE a i2ce� ° E 0A ti nL°-e9 n _ _ _` �o��-°"v `5 �'" of P_ E 2 of ac At u CA CA A) An�or cc -'E° nvozomE �2= - Ta t LAC CA - mo - E�o - _ E) CA- <�oa4a_a - - _ c An _ Sx` =n v a'�`o _mo - _ c6a� 9e-'InAYEa NNJ �xx z� wy -CC) - - SY ��%�a�D6� =-`C° a ..J. 06 _ YL,n m,. eiMua Ar __ _VI N - � _�ea An 3_ =co°-_ SE ,50 _ iuEe L w r p�z iCA `� oo - - - z-z3 - _-- V. _ E _ 41 2 �m°s - �3 3`n wz = 5�s - zE"-ojz €m @`<`` - SEaz `," 0 w� L -oE m ad -w§ Cn �0 ur P33 m° nm =�._aa pr�� .. ai afar a_an�m °�EE€ 0 0— or s = �� x�.... 2 a <r- s utn �n c�xa �. tn CA All 41 0 CA F Z U_ n % �AX AX WN An Ad CC avoa�tva ra v a ocn Ma NN Ow WCU am AC- 0 - wo >a=owz _> �o 'Ln z - z3 CA-dU�AAM>m oam zw=< < 13381S SMB9R7 - OH C- G w At ww�zoo -- ---� �`n152.952.9e-1o5 \\l� wntE_o=3=. ¢w axQ moo _ ft w I _I om Al o O �p Ow a wl �m�QM CA UO w N rl FUQL'I Wawaw AnCa I� At 0 �1 Fmw ml ��a e FNO IAn �J NOz R o y N= �i 0 I ON -yJ0 �� ��� Iz ra P a� NO �j saus -� `\ w ON _ O b UNWA w "ZZI_-_ d tl� JAn AnMI- _ CA it t;w M Clap c^un, ° �z°��> J u -jclON 0 w Oam N i- -wm wx moo Nxax �� O EW a � 0�1 z'�a :91SV3 1]15V3 ' tl A33J3NS St1�991b lN9b(1!31N1 � ryV9L11b31N[ = h AAYd 5 'Anry 31U1S 113rypd 3b1S S3+•Yf Y{OUR? iIOMETOW N Council Meeting: August 26, 2014 Account Code #: Budgeted Amount: Item No. 13 City Secretary's use only City of Anna City Council Agenda all Report Staff Contact: City Manager Exhibits: X Yes ❑ No AGENDA SUBJECT: Consider/Discuss/Action regarding Resolution casting votes in the Texas Municipal League Intergovernmental Risk Pool Board of Trustees Election. SUMMARY: The City purchases workers' compensation, property, and liability insurance through the Texas Municipal League Intergovernmental Risk Pool (TMLIRP). The Texas Municipal League Intergovernmental Risk Pool (TMLIRP) is the leading provider of workers' compensation, liability, and property coverage for local governments in Texas. Founded in 1974, TMLIRP is the oldest and largest pool of its type in the United States, serving over 2700 governments and political subdivisions. The Pool is governed by a fifteen member Board of Trustees from cities and other governmental entities located throughout the State. Each member of the Pool is entitled to vote for the Board of Trustee members. The attached ballot is for the election of places 14 of the Board of Trustees. The officials listed on the ballot have been nominated to serve a six -year term on the Board. The Council may cast its vote for one candidate in each place. RECOMMENDED ACTION: Staff recommends that the Council cast a vote for places 1-4 on the TMLIlZP ballot. CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS CASTING A BALLOT IN THE ELECTION FOR THE TEXAS MUNICIPAL LEAGUE INTERGOVERNMENTAL RISK POOL BOARD OF TRUSTEES WHEREAS, the Texas Municipal League Intergovernmental Risk Pool (TMLIRP) is the leading provider of workers' compensation, liability, and property coverage for local governments in Texas, and; WHERAS, the City of Anna, Texas is a member of TMLIRP and is eligible to cast a ballot for the TMLIRP Board of Trustees; 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 Ballot in the TMLIRP Board of Trustees Election The City Council of the City of Anna, Texas casts its ballot to elect the following individuals to the TMLIRP Board of Trustees: Place 1 Place 2 Place 3 Place 4 PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 26th day of August, 2014. Mike Crist, Mayor ATTEST: Natha Wilkison, City Secretary Res. PAGE 1 OF 1 08-26-14 Texas Municipal League Intergovernmental Risk hOO1 Board of Trustees Election This is the official ballot for the election of Places 1 — 4 of the Board of Trustees for the Texas Municipal League Intergovernmental Risk Pool. Each Member of the Pool is entitled to vote for Board of Trustee members. Please record your organization's choices by placing an "X" in the square beside the candidate's name or writing in the name of an eligible person in the space provided. You can only vote for one candidate for each place. The officials listed on this ballot have been nominated to serve asix-year term on the TML Intergovernmental Risk Pool (Workers' Compensation, Property and Liability) Board of Trustees. Ballots must reach the office of David Reagan, Secretary of the Board, no later than September 30, 2014. Ballots received after September 30, 2014, cannot be counted. The ballot must be properly signed and all pages of the ballot must be mailed to: Trustee Election, David Reagan, Secretary of the Board, P. O. Box 149194, Austin, Texas 78714- 9194. If the ballot is not signed, it will not be counted. F� CZ oil \' F Page 1 of 3 PLACE 1 ❑ Robert T. Herrera (Incumbent). City Manager, City of Cibolo (Region 7) since 2012. Mr. Herrera served as City Manager of Hondo, Texas fiom 2003 to 2012 and as City Manager of La Porte from 1986 to 2002. He has served other Texas cities, including management positions with the cities of San Marcos, Missouri City and Woodway. He has been a Board member of the TML Intergovernmental Risk Pool since 1993 and has served as Chair and Vice Chair of the Board. WRITE IN CANDIDATE: PLACE 2 ❑ John W. Fullen (Incumbent). Conunissioner, Henderson Housing Authority (Region 15) since 2011. Mr. Fullen served as Mayor of the City of Henderson from 2004 to 2012, and currently serves on the Henderson Main Street Board (2004—present), Henderson Civic Center Board (2003—present), and the Henderson ETMC Hospital Diabetes Board (2009—present). He has been a Board member of the TML Intergovernmental Risk Pool since 2010. WRITE IN CANDIDATE: PLACE 3 ❑ George Shackelford. City Manager for Tomball (region 14) since 2010. He has served the past 30 years either as City Manager or Administrative Assistant for the cities of Canyon, Littlefield, Port Lavaca, Texarkana and Liberty. He has also served on the Texas City Management Association (TCMA) Board, numerous TCMA and regional committees, and as the TCMA representative to the TML Board. Mr. Shackelford is a 30-year member of the ICMA. WRITE IN CANDIDATE: Page 2 of 3 PLACL 4 C Peter Vargas (Incumbent). City Manager, City of Allen (Region 13) since 1999. Mr. Vargas received the 2010 Public Administrator of the Year Award fiom the North Texas American Society for Public Administration. He has been in public service since 1978. Mr. Vargas has been a Board member of the TML Intergovernmental Risk Pool since 2011 and is currently serving as Chair of its Underwriting Committee. Rona Stringfellow. Assistant City Manager, City of Lancaster (Region 13), serving in Lancaster since 2004, initially as a Planner. Ms. Stringfellow also served as a Long Range Planner for the City of McKinney. She is a member of TCMA, ICMA, North Texas City Managers Association, Greater Dallas Planning Council, American Planning Association, American Institute of Certified Planners and National Forum for Black Public Administrators. Certificate I certify that the vote cast above has been cast in accordance with the will of the majority of the governing body of the public entity named below. Witness by hand, this Signature of Authorized Official Title Printed Name of Authorized Official Printed name of Political Entity Page 3 of 3 YtOIIR} HOAdETOLVN Council Meeting: August 26, 2014 Account Code #: N/A Budgeted Amount: N/A Item No. 14 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 8-20-14 Exhibits: ❑Yes ❑ No CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071); b. discuss or deliberate the purchase, exchange, lease, or value of real property (Tex Gov't Code §551.072); acquisition of right -of --way; easements; and land for municipal facilities; c. discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code §551.087); proposed residential and retail developments; d. discuss or deliberate personnel matters: City Secretary Annual Review and Update; City Manager Annual Review; (Tex. Gov't Code §551.074). The council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. n Council Meeting: August 26, 2014 Account Code #: N/A Budgeted Amount: I:1 Item No. 15 City Secretary's use only City of Anna City Council Agenda all Report Staff Contact: Philib Sanders Date Prepared: 8-20-14 Exhibits: ❑Yes ❑ No AGENDA SUBJECT: Consider/Discuss/Action on any items listed on posted agenda for August 26, 2014 Workshop Session or any Closed Session occurring during this Regular Meeting, as necessary. SUMMARY: RECOMMENDATION: Y(OIIRi FIOMETOFIN Council Meeting: August 2612014 Account Code #: N/A Budgeted Amount: N/A AGENDA SUBJECT: Adjourn. SUMMARY: Item No. 16 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 8-20-14 Exhibits: ❑Yes ❑ No RECOMMENDATION: Staff recommends a motion to adjourn.