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HomeMy WebLinkAboutCCpkt2016-06-28Y{OUR} HOMETOWN CITY OF ANNA AGENDA NOTICE — CITY COUNCIL- WORK SESSION June 28, 2016 6:30 p.m. — Anna City Hall The City Council of the City of Anna will meet in Work Session at 6:30 p.m., on June 28, 2016 at Anna City Hall, located at 111 N. Powell Parkway (Hwy 5), regarding the following items: 1. Call to Order, Roll Call and Establishment of Quorum 2. Discussion regarding FY 17 budget. (Clayton Fulton) 3. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071). The Council further reserves the right to enter into closed session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. 4. Consider/Discuss/Action on any items listed on the posted agenda or any closed session occurring during this meeting, as necessary. 5. Adjourn. This is to certify that I, Carrie L. Smith, 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. June 24, 2016. Carrie L. Smith, 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. CITY OF AN NA, TEXAS Item No. WS 2 City Secretary's use only City Council Agenda Staff Report Meeting Date: .staff rnntarrt- Exhibits June 28, 2016 Finance Director No AGENDA SUBJECT: Discussion regarding FY 17 budget SUMMARY: Staff will review the following departments and discuss each department's base budget and supplemental budget requests: • Planning • Parks • Streets • Park Trust STAFF RECOMMENDATION: None City Secretary-WS 2-Budget Discussion Planning, Parks, Streets Budgets - Staff Report-6.23.16 CITY OF AN NA, TEXAS AGENDA SUBJECT: Item No. WS 3 City Secretary's use only City Council Agenda Staff Report Date: June 28, 2016 Staff Contact: City Manager Exhibits: N/A 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: SUMMARY: a. consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071). The Council further reserves the right to enter into closed session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. STAFF RECOMMENDATION: CITY OF ANNA, TEXAS AGENDA SUBJECT: Item No. WS 4 City Secretary's use only City Council Agenda Staff Report Date: June 28, 2016 Staff Coact: City Manager Exhibits: N/A Consider/Discuss/Action on any items listed on posted agenda or any closed session occurring during this Meeting, as necessary. SUMMARY: STAFF RECOMMENDATION: CITY OF ANNA, TEXAS AGENDA SUBJECT: Adjourn SUMMARY: Item to adjourn the meeting. STAFF RECOMMENDATION: Staff recommends a motion to adjourn. Item No. WS 5 City Secretary's use only City Council Agenda Date: Staff Contact: Exhibits: Staff Report June 28, 2016 City Manager None Y{OUR} HOMETOWN CITY OF ANNA AGENDA NOTICE — CITY COUNCIL — REGULAR SESSION June 28, 2016 7:30 p.m. — Anna City Hall The City Council of the City of Anna will meet in Regular Session at 7:30 p.m., on June 28, 2016, at the Anna City Hall, located at 111 North Powell Parkway (Hwy 5), to consider the following items. Welcome to the City Council Meeting. Please sign the Sign -In -Sheet as a record of attendance. If you wish to speak on an open -session agenda item, please fill out the Opinion/Speaker Registration Form and turn it in to the City Secretary before the meeting starts. 1. Call to Order, Roll Call and Establishment of Quorum. 2. Invocation and Pledge of Allegiance. 3. Citizen comments. Citizens are allowed three minutes to speak to Council. The Council is unable to respond to or discuss any issues that are brought up during this section that are not on the agenda, other than to make statements of specific factual information in response to a citizen's inquiry or to recite existing policy in response to the inquiry. 4. Receive reports from Staff or the City Council about items of community interest. Items of community interest include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen (but not including a change in status of a person's public office or public employment); a reminder about an upcoming event organized or sponsored by the governing body, information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. 1. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made. Version 6/24/2016 1:22 PM 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 the City Council minutes for June 14, 2016. (Carrie Smith) b. Approve a Resolution approving a special event permit and authorizing an agreement between the City of Anna and the Greater Anna Chamber Of Commerce for 4th of July Firework Display. (Maurice Schwanke) c. Approve a Resolution approving an amendment to a contract with Collin County for EMS service. (Chief Gothard) 6. (a) Conduct a public hearing on a request by Alan Hashem to amend PD 127-2004 by changing the zoning standards for Sweetwater Crossing Phase II from SF-72 (7,200 square feet lots) to SF-60 (6,000 square feet lots). The property is located near the northeast corner of SH 5 (Powell Pkwy.) and Rosamond Pkwy. (b) Consider/Discuss/Action on an ordinance amending PD 127-2004 by changing the zoning standards for Sweetwater Crossing Phase II from SF-72 (7,200 square feet lots) to SF-60 (6,000 square feet lots). The property is located near the northeast corner of SH 5 (Powell Pkwy.) and Rosamond Pkwy. (Maurice Schwanke) 7. Conduct a public hearing (1st) on the Annexation of a 32.295 acre tract of land located in the Henry Smith Survey, Abstract No. 0823. (Maurice Schwanke) 8. Consider/Discuss/Action regarding a Resolution authorizing participation in the Collin County Park and Open Space Grant Program for improvements to Natural Springs Park. (Maurice Schwanke) 9. Consider/Discuss/Action regarding appointments/reappointments to Anna Economic Development Corporation. (City Council) 10. Consider/Discuss/Action regarding appointments/reappointments to Anna Community Development Corporation. (City Council) 11. Consider/Discuss/Action regarding appointments/reappointments to the Planning and Zoning Commission. (City Council) 12. Consider/Discuss/Action regarding appointments/reappointments to the Park Advisory Board. (City Council) 1. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made. Version 6/24/2016 1:22 PM 13. Consider/Discuss/Action regarding appointments/reappointments to the Board of Adjustment. (City Council) 14. Future Agenda Consideration: Ordinance amending building permit requirements in the extraterritorial jurisdiction. (Mayor Crist) 15. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071). The Council further reserves the right to enter into closed session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. 16. Consider/Discuss/Action on any items listed on the posted agenda or any closed session occurring during this meeting, as necessary. 17. Adjourn. This is to certify that I, Carrie L. Smith, 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. June 24, 2016. Carrie L. Smith, 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. 3 Version 6/24/2016 1:22 PM ANNA CITY COUNCIL MINUTES WORK SESSION June 14, 2016 The City Council of the City of Anna met in Work Session on the above date at Anna City Hall, located at 111 N. Powell Parkway (Hwy 5), regarding the following items: 1. Call to Order, Roll Call and Establishment of Quorum. Mayor Crist called the meeting to order at 6:30 pm. Council Members Justin Burr, Rene Martinez and Kenneth Pelham were present. John Beazley, Nathan Bryan and Lee Miller was absent. 2. Discussion regarding FY 17 budget. (Clayton Fulton) Finance Manager Fulton presented the preliminary budget numbers for the administration, police and fire departments. 3. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071). 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. The Council further reserves the right to enter into closed session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. Executive session was not held. 4. Consider/Discuss/Action on any items listed on the posted agenda or any closed session occurring during this meeting, as necessary. MOTION: Council Member Pelham moved to take no action. Mayor Crist seconded. Motion carried 4-0 June 14, 2016 CC Work Session Minutes 5. Adjourn. MOTION: Mayor Crist moved to adjourn. Council Member Pelham seconded. Motion carried 4-0. Mayor Crist adjourned the meeting at 7:24 p.m. Approved on the 28th day of June, 2016. ATTEST: City Secretary Carrie L. Smith Mayor Mike Crist June 14, 2016 CC Work Session Minutes ANNA CITY COUNCIL MINUTES REGULAR SESSION June 14, 2016 The City Council of the City of Anna met in Regular Session on the above date at Anna City Hall, located at 111 North Powell Parkway (Hwy 5), to consider the following items. 1. Call to Order, Roll Call and Establishment of Quorum. Mayor Crist called the meeting to order at 7:30 p.m. Council Members, Rene Martinez, John Beazley, Kenneth Pelham, Nathan Bryan and Lee Miller were present. Justin Burr was absent. 2. Invocation and Pledge of Allegiance. Mayor Crist led the Invocation and Pledge of Allegiance. 3. Citizen comments. Citizens are allowed 3 minutes to speak. The Council is unable to respond to or discuss any issues that are brought up during this section that are not on the agenda, other than to make statements of specific factual information in response to a citizen's inquiry or to recite existing policy in response to the inquiry. Judith Waldrop, 929 Bens, Anna, Texas 75409 - 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. No Comments. June 14, 2016 CC Regular Session Minutes 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 the City Council minutes for May 10, 2016. (Carrie Smith) b. Approve a Resolution authorizing Council Members Miller and Martinez to attend the TML Newly Elected City Officials' Orientation. (Carrie Smith) RESOLUTION 2016-06-178 - A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING COUNCIL MEMBERS RENE MARTINEZ AND LEE MILLER TO ATTEND THE TML NEWLY ELECTED CITY OFFICIALS' ORIENTATION. c. Approve a Resolution approving a development plat for Pro RV and Boat Storage Addition. (Maurice Schwanke) RESOLUTION 2016-06-179 - A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A DEVELOPMENT PLAT OF PRO RV AND BOAT STORAGE ADDITION. Cl. Approve a Resolution approving a site plan for Offices at The Falls Phase I. (Maurice Schwanke) RESOLUTION 2016-06-180 - A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A SITE PLAN AND LANDSCAPE PLAN OF OFFICES AT THE FALLS PHASES 1 AND 2. e. Resolution approving a final plat, re -platting Lots 1 R and 2R, Block One of Wiese Addition: (Maurice Schwanke) RESOLUTION 2016-06-181 - A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A FINAL PLAT OF WIESE ADDITION, LOTS 1 R AND 2R, BLOCK ONE. f. Approve a Resolution approving a final plat of the Scribner Addition Lots 1 and 2, Block A. (Maurice Schwanke) RESOLUTION 2016-06-182 - A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A FINAL PLAT OF SCRIBNER ADDITION. g. Approve a Resolution approving a preliminary plat of Camden Parc, Phase IV. (Maurice Schwanke) June 14, 2016 2 CC Regular Session Minutes RESOLUTION 2016-06-184 - A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A PRELIMINARY PLAT OF CAMDEN PARC IN ANNA PHASE IV. h. Approve a Resolution approving a final plat of the Anna 455 Addition Lot 1, Block A. (Maurice Schwanke) RESOLUTION 2016-06-185 - A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A FINAL PLAT OF ANNA 455 ADDITION, LOT 1, BLOCK A. i. Review P&Z Meeting Minutes (Maurice Schwanke) i. April 4, 2016; and ii. May 2, 2016 MOTION: Council Member Burr moved to approve the Consent Agenda. Mayor Crist seconded. Motion carried 4-0. 6. Briefing/Discussion regarding environmental site assessment on "Anna Grain" property. (Philip Sanders) In connection with the purchase of the Anna Grain property, the City commissioned an environmental site assessment to determine the scope of any remediation that would be required in connection with redevelopment of the property. Environmental engineer Kenneth Tramm present a brief summary of the findings and an outline of the proposed remediation strategy. 7. Briefing/Discussion regarding reallocation of local option sales tax. (Clayton Fulton) One strategic objective the Council has asked staff to focus on is funding for transportation and street capital projects. Staff provided a briefing on a proposal to reallocate a portion of the local option sales tax to the general fund to increase funding for street capital projects. 8. Briefing/Discussion regarding plan of finance for Anna Community Development Corporation Sales Tax Revenue Bond, Taxable Series 2016. (Jessica Perkins) The board has been pursuing a land purchase for several months with the intent to market the land as a Business or Tech Park to increase employment in Anna and diversity to the tax base. The City's Financial Advisor discussed the plan to finance the land purchase. The proposed financing plan includes issuance of CDC sales tax revenue bonds. June 14, 2016 3 CC Regular Session Minutes 9. Briefing/Discussion regarding debt management plan and potential debt capacity for future municipal facilities and infrastructure projects. (Clayton Fulton) The City's financial advisors attended and presented an update regarding the City's debt management plan. 10. Discussion regarding the FY 17 Budget (Clayton Fulton) No discussion held. 11. 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. The Council further reserves the right to enter into closed session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. MOTION: Council Member Beazley moved to enter closed session. Mayor Crist seconded. Motion carried 6-0. Mayor Crist recessed into closed session at 7:42 p.m. Mayor Crist reconvened the regular session at 9:19 p.m. 12. Consider/Discuss/Action on any items listed on the posted agenda or any closed session occurring during this meeting, as necessary. MOTION: Council Member Bryan moved to take no action. Mayor Crist seconded. Motion carried 6-0. 13. Adjourn. June 14, 2016 4 CC Regular Session Minutes MOTION: Council Member Beazley moved to adjourn. Council Member Bryan seconded. Motion carried 6-0. Mayor Crist adjourned the meeting at 9:20 p.m. Approved on the 14th day of June, 2016. ATTEST: City Secretary Carrie L. Smith Mayor Mike Crist June 14, 2016 CC Regular Session Minutes CITY OF AN NA, TEXAS Item No. 5b City Secretary's use only City Council Agenda Staff Report Date: June 28, 2016 Staff Contact: Maurice Schwanke Exhibits: Yes. AGENDA SUBJECT: Approve a Resolution approving a special event permit and authorizing an agreement between the City of Anna and the Greater Anna Chamber Of Commerce for 4th of July Firework Display SUMMARY: The City has received a special event permit application for a 4t" of July fireworks display to be held at the Anna High School facility located at 1107 Rosamond Pkwy. GACC is working with the Anna Fire Department and Anna Police Department in regards to public safety and the directing of traffic and pedestrians in and around the Anna High School facility. The fireworks display will be performed by the same company as last year. Insurances from GACC and the firework company have been provided to the City. The Park Board recommended approval of the event at their meeting June 20, 2016. STAFF RECOMMENDATION: Approval subject to the attached agreement. CITY OF ANNA, TEXAS RESOLUTION NO. (GA CC 4r" July Event Permit) RESOLUTION APPROVING A SPECIAL EVENT PERMIT AND AUTH( AN AGREEMENT BETWEEN THE CITY OF ANNA AND THE OI ANNA CHAMBER OF COMMERCE FOR 4TH OF JULY FIREWORK DI WHEREAS, the Greater Anna Chamber of Commerce submitted a Special Event Permit application to conduct a Display on Monday, July 4, 2016; and WHEREAS, according to Anna City Code of Ordin City shall enter into a Special Event Agreement (� the terms and conditions of said permit; NOW THEREFORE, BE IT RESOLVED OF ANNA, TEXAS THAT: Section 1. The recitals set forth ab as if set forth in full. Section 2. The City Co Special Event Permit a approves the City Manag hereto as Exhibit 2. PASSED AN this 28th day ING TER 04Y herein for all purposes (City Texas hereby approves the r as Exhibit 1, and authorizes, ratifies and n of the Special Event Agreement attached ity Council of the City of Anna, APPROVED: Smith, City Secretary Mike Crist, Mayor SPECIAL EVENT APPLICATIO Planning and Development Dept. 3223 N. Powell Pkwy Anna, TX 75409 972-924-2616 "APPLICANT INFORMATION Type of Event: ❑Carnival ❑Circus ❑Festival ❑Parade ❑Tent MOther Applicant Name: P Address: aly(t)• City: M&qo State: dC Zi Code: Phone#: Email: a Date: J Jp *Note: Applications must be filed at least 30 da s in advance. i Application Fee $50 non-refundable Deposit $300 (refundable) Same Information As Above (if not the same, complete the next two lines) Issue Deposit Refund To: Address: City: State: Zip Code ACTIVITY INFORMW16N Dates ofActivi ()n (Q Reservation Time Block: Type of Activity (explain purpose of activity): Estimated Number of People Attending Activi Reservation Location: Will Food and/or Beverages be on -site or the activity? es ❑ No Will Alcohol be served or sold? ❑ Yes OKo if yes, include request letter If yes, please indicate who the vendors are (food and drinks): �,` tvvl / . • , V a Wog Please identify all other activities & structures (bounce house, tents, music, sports, games, etc.): *If City Resources (Personnel, equipment and supplies) are used, the cost of Resources will be covered by the event sponsor. Received City of Anna MAY 2 0 2016 By: SPECIAL EVENT AGREEMENT This Agreement (the "Agreement") is made by and between the City of Anna, Texas ("City"), and the Greater Anna Chamber of Commerce ("GACC") and is entered into on this 28th day of June, 2016. Summary A Fireworks Display to be held inside the City's corporate limits at the Anna High School on July 4t", 2016, in accordance with the provisions of this Agreement. Definitions Meanings. For purposes of this Agreement, the following meanings shall apply: City shall mean the City of Anna, Texas. GACC shall mean the Greater Anna Chamber of Commerce, Incorporated. Fireworks Display shall mean a pyrotechnics display —properly and timely permitted by the Fire Marshal under The Anna City Code Part II, Article 21, Section 4.04 (or other applicable provisions) —to be held inside the City's corporate limits on July 4, 2016 for the purpose of public entertainment and for the purposes stated in the resolution adopted by the City approving of this Agreement. General Requirements The Fireworks Display must be held within the City's corporate limits at a location approved by the Fire Marshal. The Fireworks Display must be open to the public without any charge. In written advertisements publicizing the Fireworks Display, the GACC will include the following language: "This Fireworks Display is specially permitted under the Anna City Code Part II, Article 21, Section 4.04. Possession of or use of fireworks within City limits and within 5,000 feet of City limits without a written permit granted by the Fire Marshal is a violation of law carrying fines for violations of up to $2,000." Licenses and Permits The GACC shall obtain and pay for any and all permits, licenses, disposal fees, or any other costs required for the Fireworks Display and to fulfill this Agreement. The GACC must comply with all federal and state laws, and local ordinances while organizing and participating in the Fireworks Display. Independent Contractor Status/ Liability/ Indemnity It is expressly understood and agreed that the City has no right of control, supervision, or direction over any work performed by the GACC relating in any way to the GACC's undertaking, promoting, operating, and performance of any other activity related to the Fireworks Display including but not limited to its employees or its subcontractors, nor does the City have any control, supervision or direction of the means, methods, sequences, procedures, and techniques utilized to conduct the Fireworks Display. There shall be no joint control over the Fireworks Display. The GACC agrees to fully defend, indemnify and hold harmless the City from any claim, proceeding, cause of action, judgment, penalty, or any other cost or expense arising or growing out of, associated or in connection with the Fireworks Display. The indemnification includes, but is not limited to, attorney fees incurred by the City in defending itself or in enforcing this Agreement. By entering into this Agreement, GACC waives all rights and remedies in law or in equity except to seek enforcement of specific performance of the obligations under this Agreement. This provision is not intended to and does not waive any of the City's governmental immunities, including immunity from suit and liability. It is expressly understood and agreed that any participation in the presentation of or conducting of the Fireworks Display by any City Official or City employee is not authorized by the City and shall not be authorized by the City, unless such authorization is by written agreement, duly adopted by the City. THE GACC's DUTIES TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE CITY EXPRESSLY APPLY EVEN IF A CLAIM, PROCEEDING, CAUSE OF ACTION, JUDGMENT, PENALTY, OR ANY OTHER COST OR EXPENSE ARISING OR GROWING OUT OF, OR ASSOCIATED IN ANY WAY WITH THE FIREWORKS DISPLAY IS CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF ANY CITY OFFICIAL OR EMPLOYEE. THE OBLIGATIONS UNDER THIS SECTION 5 OF THIS AGREEMENT SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT. Insurance GACC shall procure and maintain for the duration of the contract insurance to cover claims for injuries to persons or damages to property, which may arise from or in conjunction with the presentation of or conducting of the Fireworks Display or in any way related to the GACC's undertakings performed in connection with the Fireworks Display, including but not limited to coverage for GACC, its agents, representatives, employees, subcontractors, volunteers, and other participants. The form, coverage and limits of such insurance, together with the underwriter thereof in each case, must be acceptable to the City and the Fire Marshal but regardless of such acceptance it shall be the responsibility of the GACC to maintain adequate insurance coverage at all times, and to require that each contractor, vendor, or other participant in the Fireworks Display does likewise. Failure of the GACC to maintain adequate coverage shall not relieve the GACC of any contractual responsibility or obligation. Each policy shall name the City as an additional insured and provide that there will be no alteration or modification which reduces coverage in any way prior to 30 days written notice being given to the City. A copy of each policy, or at the City's discretion, a certificate of insurance, shall be filed by GACC with the City Secretary. Proof of adequate coverage must be provided to the City as soon as practicable after this Agreement becomes effective, and GACC is encouraged to discuss the limits and types of coverage that will be acceptable to the City and Fire Marshal before submitting such proof to the City to reduce the potential that the City or Fire Marshal rejects same as insufficient. Amendment This Agreement may not be amended except pursuant to a written instrument signed by both parties. Notice Notice as required by this Agreement shall be in writing delivered to the parties via U.S. certified mail, return receipt requested, at the addresses listed below: City of Anna Philip Sanders, City Manager City of Anna 111 N. Powell Parkway Anna, Texas 75409 GACC Michael Mixon, GACC President P.O. Box 1256 218 W Fourth Street Anna, Texas 75409 Each party shall notify the other in writing within 10 days of any change in the information listed in this section. No Waiver of Immunity; No Third -Party Beneficiaries Nothing in this Agreement waives any governmental immunity available to the City under Texas law. The provisions of this Agreement are solely for the benefit of the parties hereto and are not intended to create or grant any rights, contractual or otherwise, to any other person or entity. Entire Agreement This Agreement represents the entire and integrated Agreement between the City and GACC and supersedes all prior negotiations, representations and/or agreements, either written or oral with respect to the Fireworks Display. Governing Law and Venue This Agreement shall be governed by the laws of the State of Texas as to interpretation and performance. Any and all legal action necessary to enforce this Agreement shall be brought in a court of competent jurisdiction in Collin County, Texas. Severability The provisions of this Agreement are severable. In the event that any paragraph, section, subdivision, sentence, clause, or phrase of this Agreement shall be found to be contrary to the law, or contrary to any rule or regulation having the force and effect of the law, such decisions shall not affect the remaining portions of this Agreement. Contract Interpretation This Agreement is the result of negotiation between the parties, and shall, in the event of any dispute over the meaning or application of any portion thereof, be interpreted fairly and reasonably, and not to be more strictly construed against one party than another, regardless of which party originally drafted the section in dispute. Force Majeure If a party is prevented or delayed from performing any of its obligation hereunder due to a natural or manmade event or condition not caused by such party and beyond such party's reasonable control, then such party's performance of those obligations shall be suspended until such time as the event or condition no longer prevents or delays performance. If any event or condition results in the creation of amounts of refuse in excess of ordinary amounts, then the parties shall discuss, but shall not be bound to conclude, terms and conditions for collection of those excess amounts. Assignment It is understood and agreed that GACC shall not assign, sublet, or transfer any of the rights and duties under the terms of this Agreement without the prior written approval of the City. Effective Date This Agreement shall be effective upon the date first stated herein, and performance of such Agreement shall begin as soon thereafter as practicable, or as specified herein. SIGNATURES: Greater Anna Chamber of Commerce, City of Anna, Texas Incorporated Michael Mixson, President Philip Sanders, City Manager 0 200 ft. (D f O LL s F— u LU ' LL Z [ O .ice V r Ou 3� LU v LL c c V w o Q C V LU c { Q= J � LL • c c Z 2 U LU O i �u �C CL V 1 6 C CITY OF AN NA, TEXAS Item No. 5c City Secretary's use only City Council Agenda Staff Report Meeting Date: .Ctaff rnntart- Exhibits: June 28, 2016 Chief Gothard Yes AGENDA SUBJECT: Approve a Resolution approving an amendment to a contract with Collin County for EMS service SUMMARY: The City of Anna contracts with Collin County to provide emergency medical service (EMS) within the incorporated areas of the City of Anna. Collin County contracts directly with American Medical Response (AMR) to provide these services. The attached resolution authorizes an amendment to the Collin County — City of Anna EMS contract to extend the term of the contract for another year beginning on November 1, 2016 to October 31, 2017. The total annual amount of the contract for the next year is $143,172.70 which is about a 5% increase over the current year. Payments by the City to the County are due quarterly and will need to be allocated in the fiscal year 2017 budget that will be approved by the City Council in September. STAFF RECOMMENDATION: Staff recommends approved of the attached resolution and contract amendment. City Secretary-1 - EMS Contract Staff Report CITY OF ANNA, TEXAS RESOLUTION NO. (ILA Collin County Ambulance Service) A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AN AM TO AN INTERLOCAL AGREEMENT WITH COLLIN COUNTY FOR THE4 OF AMBULANCE SERVICE WHEREAS, on November 1, 2013 the City Council of the City Council") approved in Interlocal Agreement with Collin Coin ambulance service (the "Agreement"); and WHEREAS, the Agreement may be renewed or exte periods; and WHEREAS, the City has renewed or extend the Ag WHEREAS, the City of Anna Fire Chief, i preserving and protecting the public heal area of the City of Anna, recommends th the Agreement attached hereto as Exhi additional one-year period; w NOW THEREFORE, BE I ANNA, TEXAS, THAT: The recitals set ENT iION year t ment's purpose of the idents of incorporated 1I approve the Amendment to xtend the Agreement for an ITY COUNCIL OF THE CITY OF d herein for all purposes as if set forth in full. ment to Interlocal Agreement re■R�roves an amendment to the Agreement (the "Contract ed hereto as Exhibit 1, and authorizes, ratifies and approves the Sri of same. APPROVED by the City Council of the City of Anna, Texas on this 28th .6. APPROVED: Carrie L. Smith, City Secretary Mike Crist, Mayor COLL IN COUNTY , Contract Amendment Three (3) Vendor: City of Anna Attn: City Manager 111 N. Powell Parkway Anna, TX 75409 Office of the Purchasing Agent Collin County Administration Building 2300 Bloomdale Rd, Ste 3160 McKinney, TX 75071 972-548-4165 Contract Provide EMS City of Anna Contract No. 2014-286 Effective Date 1-Nov-16 Awarded by Court Order No.: 2014-446-07-28 5e%�7 Contract Amendment Court Order No 1.: 2014-917-12-01 Contract Amendment Court Order No 2.: 2015-847-11-16 Contract Amendment Court Order No 3.: YOU ARE DIRECTED TO MAKE THE FOLLOWING AMENPaNT TO ACT'W 1. Extend contract at the same terms and conditions of the contra ember 1, 201/thr October 31, 2017. 2. Payment for contract year November 1, 2016 through Oct 31, 201 4 ent will be made quarterly in four (4) equal installments of $35,793.17 due p e agreement. Except as provided herein, all terms an4co k'ons%he contrac main in full force and effect and may only be modified in writing sig ACCEPTED BY: ACCEPTED AND AUTHORIZED BY AUTHORITY OF COLLIN COUNTY City of Anna COMMISSIONERS' COURT r(pri;tn ) Collin County Administration Building 111 N. Powell Parkway 2300 Bloomdale Rd, Ste 3160 Anna, TX 75409 McKinney, Texas 75071 SIGNATURE TITLE: DATE: Michalyn Rains, CPPO, CPPB Purchasing Agent DATE: EXHIBIT A FY 2017 EMS CONTRACT _` 1 Fire District/City Unincorporated Incorporated % of Pop TOTAL AREA (ML) Coalition EMS ProviderIC!gWnual CogWparteUilryment County Costs Anna 1,950 10,305 17% 12,255 43.46 Northern AMR 143,1 2.70 793.17 27,092.36 Blue Ridge 2,370 866 1% 3,236 69.96 Eastern AMR lAon.79 1 3,007.95 32,927.64 Branch 2,121 0 0% 2,121 8.31 Eastern AMR - 29,468.15 Farmersville 3,795 2,961 5% 6,756 80.00 Eastern AMR 1,138.7 10,284.68 52,725.90 Josephine 1,790 1112 2% 2,902 32.37 Eastern 5,44 3,862.40 24,869.40 Lowry Crossing 1,208 1,732 3% 2,940 12.57 Eastern AMR 7 6,015.89 16,783.37 Melissa 1,796 7,229 12% 9,025 28.04 Northern AM 10 6.24 25,109.06 24,952.76 Nevada 3,407 959 2% 4,366 29.25 Eastern 13,323.88 3,330.97 47,335.21 Princeton 3,926 7,555 13% 11,481 53.29 Eastern R 104,965.52 26,241.38 54,545.95 Royse City 843 0 0% 843 8.00 E A - 11,712.24 Westminster* 1,755 0 0% 1,755 28.09 rthern A - 24,383.12 Weston 1,785 310 1% 2,095 50.25 orthern I WMR 4,306.99 1 1,076.75 24,799.93 TOTAL 1 26,746 1 33,029 1 55.26% 59,775 443.5 $ 458,888.98 $ 371,596.02 TOTAL COSTS FOR SERVICES FOR THE YEAR - $830,485.00 I'm Im Contract Rate *Westminster Fig Dist * Collin County is res 1% V rson $13.8935 CITY OF AN NA, TEXAS Item No. 6 City Secretary's use only City Council Agenda Staff Report Date: June 28, 2016 Staff Contact: Maurice Schwanke Exhibits: Yes. AGENDA SUBJECT: (a) Conduct a public hearing and Consider/Discuss/Action on an ordinance amending PD 127-2004 by changing the zoning standards for Sweetwater Crossing Phase II from SF-72 (7,200 square feet lots) to SF-60 (6,000 square feet lots). The property is located near the northeast corner of SH 5 (Powell Pkwy.) and Rosamond Pkwy. (Maurice Schwanke) SUMMARY: Mr. Alan Hashem, has requested a zoning change to amend PD 127-2004 by changing the development standards for Sweetwater Crossing Phase II from SF-72 (7,200 square feet lots) to SF-60 (6,000 square feet lots). The property is located near the northeast corner of SH 5 (Powell Pkwy) and Rosamond Pkwy. Planned Development Ordinance number 127-2004 covers the entire Sweetwater Crossing subdivision development. The development standards set forth in the existing Ordinance require that the property be developed consistent with the SF-72 zoning district which requires a minimum lot size of 7,200 square feet. The property owner is requesting that the development standards be amended to allow Phase II of the development to comply with the SF-60 zoning district which would allow 6,000 square foot lots. The table below compares existing and proposed development standards. Existing Zoning Proposed Zoning Lot Size 7,200 sq. ft. 6,000 sq. Lot Coverage 40% 50% Lot width 60 ft. 50 ft. (45' on curve) Lot Depth 120 ft. 120 ft. (95' min.) Front Yard 25 ft. 20 ft. with additional 5' for garages and porte-cocheres Side Yard 10 ft. 5 ft. Corner Side Yard 15 ft. 15 ft. Rear Yard 25 ft. 20 ft. Masonry 90% first Floor 80% second Floor Front. Cumulative 80% 60% During a special meeting on June 22nd, the Planning and Zoning Commission voted 3 to 2 to recommend that this rezoning request be denied. A vote of three - fourths of the Council Members present, or four votes, whichever is greater, is required to overrule a recommendation of the Commission that a proposed zoning amendment be denied. STAFF RECOMMENDATION: The City's current Comprehensive Plan recommends that the City move beyond the historical development pattern of largely homogenous small lot neighborhoods, and offer a mix of housing options including and specifically mid -level and higher end single family options (Chapter 3, p. 11). The Plan also suggests a citywide average density for single-family development of three units per gross acre (Chapter 5, p. 17). In order to facilitate these goals, zoning cases for new single developments since the adoption of the Comprehensive Plan in 2010 have generally established the minimum residential lot size at 7,200 square feet with a median average of 8,400 square feet (the new Camden Parc development located just to the north of Sweetwater is an example). Where possible, staff has worked with the owners of existing entitled small -lot developments to increase the overall average lot size within those developments. Examples include Lakeview Estates, Villages of Hurricane Creek, Avery Pointe, Pecan Grove, and Anna Crossing. It is Staff's view that this rezoning request is not consistent with the goals outlined in the Comprehensive Plan, and therefore Staff does not recommend approval of this request. May 10, 2016 City of Anna Planning & Zoning Department 3223 North Powell Parkway P.O. Box 776 Anna, TX 75409 Letter of Intent: Sweetwater Crossing Phase -II Dear Sir/Madam: My name is Alan Hashem, the owner of Sweetwater Crossing Planned Development Phase -II (SWC-II) located at the northeast corner of Hwy 5 and Rosamond Pkwy. I'm submitting this Letter of Intent to rezone SWC-II in accordance with the attached Preliminary Plat. The current property zoning is SF-72 consisting of 20.61 acres of undeveloped land. We kindly request to rezone SWC-II to SF-60 due to the following facts and reasons: 1. Based on the current zoning, it is not feasible to develop SWC-II to meet all new Planning & Zoning requirements such as: a. Remedy and solve all issues pertaining to storm water runoff from both Phases of Sweetwater Planned Development (Phase-[ was developed by others in 2006) b. Acquire and purchase an easement for water detention for the entire Development c. Build and maintain the new acquired detention pond d. Setup an HOA to maintain and manage the detention pond and easement e. Improve and upgrade the existing lift station- Install higher capacity pumps, install a backup generator, install diesel fuel tank, install an automatic transfer switch, update exiting control panel, install new capacitors and circuit breakers. 2. Granted the zoning change, we intent not only to meet the above requirements, but also to provide enough capacity at lift station to service the future Elementary School located southeast of our property at no cost to City of Anna or Anna ISD. As an owner/developer, I kindly ask Anna's City Council and P&Z Commission to consider and approve the zoning request. The additional lots will help in offsetting some of the costs associated with the above city requirements, making this project affordable and feasible. This variance is similar to several Planned Developments such as Nothpointe Crossing & Avery Pointe. We believe that by approving the new zoning and plat, the mentioned above requirements, issues and concerns will be accomplished and resolved, avoiding potential liabilities to all parties. This is a win -win for the city of Anna, Sweetwater Crossing current and future residence, all properties effected by water runoff and lift station, Anna ISO and Anna's residence. Finally, we would like to be part of your growing community and participate in future developments and projects. We strive for excellence and integrity. Thank you in advance for your consideration and approval of my request. Sincerely, ,44g4v ffa 4hewv Alan Hashem 469-855-3900 Owner and Developer -Sweetwater Crossing Phase -II CITY OF ANNA Application for Zoning Change Please check the appropriate box below to indicate the type of request you are making, and provide all information required to process your ® Zoning Chance 0 Specific Use Permit U Planned Development O Zoning Verification Letter O Zoning Compliance Inspection O Site Plan • NOTE: Failure to obtain final approval on this case within six months may constitute denial or withdrawal of this case by Council or Staff without refund of fees. Fees required for this application established by the City of Anna must be submitted simultaneously with this application for acceptance. Fees: Zoning - $300, plus $10 per acre Planned Development -$500, plus $30 per acre Specific Use - $300 plus $10 per acre, Zoning Compliance Inspection - $100 Zoning Verification Letter -$100 Site Plan - $250 one acre or less $300 more than one acre Request Information Location: Anna, Texas *Subdivision. Sweetwater Cossing, Phase4l Lot No. Block No. Size of Request 20.7 Acres Existing Zoning SF 72 Requested Zoning/Use SF-60 *A metes and bounds description must be attached if the request is for: (A) a portion of a platted lot or (B) not a platted lot Applicant/Owner Information Key Contact Alan Hashem Telephone No. 469-855-3900 FAX No. Address 5960 W. Parker Rd.. Suite 278-188 City Plano State TX Zip Code 75093 Email HomesBuilder aol.co Contacts Status: (check one) 0 Owner O Representative 0 Tenant O Prospective Buyer The owner's signature is required on this application and must be notarized, whether a single owner or a corporation. This is to certify that I/We the undersigned, am/are the sole owner(s) of the property described above on the date of this application, and have read and understood the Disclosure of Interest Form attached to this application, and complete same. Owner please print Alan Hashem signature Address 6000 Mendota Dr. Telephone No. 469-855-3900 FAX No. City Plano State TX Zip Code 75024 Email HornesBuilder(Maol.com Corporation/Partnership/Owner Aladdin & Jasmine Trading Co. Address 6960 W. Parker Rd., Suite 278-188 Telephone No. 469-855-3900 FAX No. City Plano State TX Zip Code 75093 Email HomesBuildemMaol.com Notary Statement (All Signatures Must Be Notarized) Before :e#jrsrw+e6 �'.thiis day personally appeared da �h e 11� (owner or agent name) e is subscribed to the above and foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration expressed and in the capacity therein stated. Given under my hand and seal of office on this IL�dky of /Gj SEAL REED 6ow*uS pires!c In art for the State of Texas. My Commission Expires: CITY OF ANNA DISCLOSURE OF INTERESTS ft n is answer DISCLOSURE QUESTIONS A. Do you believe that a City official* or City employee** may have a conflict of interest in the property or application referenced on the reverse side? Yes No B. If so, state the name of each City official or employee of the City of Anna known by you that may have a conflict of interest in the property or application referenced on reverse side. N/A C. State all information upon which you base the belief (use additional paper, if necessary). Please refer to the attached Preliminary Plat and information. I certify that all information provided Is true and coned as of the dame of this statement, that I have not knowingly withheld disclosure of any Information requested; and that supplemental statements will be promptly submitted to the City of Anna, Texas, as changes occur. Name of Certifying Person: Alan Hashem Title of Certifying Person: Presid nt Signature of Certifying_ftsmA I V *Mayor, City Council members, Planning and Zoning Commission members, and Zoning Board of Adjustment members. **City Manager, City Secretary, City Attorney, and all department heads CITY OF ANNA, TEXAS ORDINANCE NO. (Property rezoned under this ordinance is generally located east of North Powell and north of Elm Grove) AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMEND G CITY' COMPREHENSIVE PLAN, ZONING MAP, AND ZONING ORDINANCED CHA G T ZONING OF CERTAIN PROPERTY AS DESCRIBED HEREIN; PR ING R , REPEALING AND SEVERABILITY CLAUSES; PROVIDING F N EF TIVE E; PROVIDING FOR A PENALTY CLAUSE NOT TO EXCEED $ THE GHEST PENALTY AMOUNT ALLOWED BY LAW, WHICHEVER I S; PRO V G FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City of Anna, Texas ("City") has previ I e dinances, rules and regulations governing the zoning in the City; and WHEREAS, the City has received a reques A ("Property") attached hereto and incorpora WHEREAS, said Property, generally being rezoned from P-D (Planned Development (PD) Single Family WHEREAS, the Planning and Anna ("City Council"r10 held the public hea owners and genera vicinity thereof, the amended as set fort 61111Wrty described in Exhibit rposes as if set forth in full; and Fwell and north of Elm Grove, is No. 127-2004) zoning to Planned square feet lots, fission of the City and the City Council of the City of uisite notices by publication and otherwise and have and afforded a full and fair hearing to all property d in and situated in the affected area and in the cluded that the Zoning Ordinance of the City should be ED BY THE CITY COUNCIL OF THE CITY OF ANNA, are incorporated herein by reference for all purposes. Zoning Change oning Ordinance of the City, City of Anna Ordinance No. 116-2003 as amended and coda as Part III-C of The Anna City Code of Ordinances are hereby amended by changing the zo ing of the Property described in Exhibit A from Planned Development 127-2004 to Planned Development (PD) zoning. The Planned Development (PD) zoning regulations limit the use of the Property or any part thereof to those permitted in the Single Family Residence District (SF-60) Development Standards or less restrictive as set forth below and all unspecified regulations shall conform to the standards set forth in the City's Zoning Ordinance as it currently exists or may be amended). 1. PLANNED DEVELOPMENT — PD-60 Residential: 1.1 General Description: The Property identified on the attached Exhibit ' intended accommodate residential and neighborhood convenience developm n the City Anna. The residential uses for the land identified on the C ept shall developed in accordance with the "SF-60 — Single Family Di reguI s of 1 City of Anna Zoning Ordinance as presently exist or as they be aWnnde 1.2 PD-60 Development Standards: _IA Building and Area Requirements: The pertain to residential uses, as outlined ah Minimum Floor Area — unit shall be one thousa me Thin Rrandards shall e PD-60 areas: )or area per dwelling feet. six thousand (6,000) a is Seven Thousand Forty (7,040) case shall more than fifty (50) percent of the total lot combined area of the main buildings and accessory ing Is, spas, decks, patios, driveways, walks and other Inot be included in determining maximum lot coverage. 6 0-g inimum width of any lot shall be fifty (50) feet measured at line, except for lots at the terminus of a cul-de-sac, on a i elbow, an irregular shape or along a curve may have a width of (45) feet at the front building line; provided all other requirements ;tion are fulfilled. Lot Depth — The minimum depth of any lot shall be one hundred and twenty (120) feet, except for lots at the terminus of a cul-de-sac, on a corner, an elbow an irregular shape, or along a curve may have a minimum lot depth, measured at mid -points on front and rear lot lines, of ninety-five (95) feet; provided all other requirements of this section are fulfilled.. Front Yard — The minimum depth of the front yard shall be twenty (20) feet. Covered drives, garages and porte-cocheres that are architecturally ORDINANCE NO. (Property rezoned under this ordinance is generally located east of North Powell and north of Elm Grove) 2 designed as an integral element of the main structure may extend up to five (5) feet from the established front building line into the front yard area. viii. Side Yard —The minimum side yard shall be five (5) feet. The side yard adjacent to a street shall be fifteen (1f) feet. ix. Rear Yard — The minimum depth of the rear yard shall be twjff (20) fe Maximum Building Height — Buildings shall be a maxi (2- 1/2) stories, not to exceed thirty-five (35) fee antennae and other architectural projections not may extend above this height limit. Garages — Garages may be front facin "swing" driveways. Building Materials — All main buildings stucco (if approved by the Anna City exterior wood or similar ma wood as an exterior builds 7iDercen (40) percent of the total ter shall be not less than sixt 60) Conformance to all Except as amende and sections of ti amended. and a ■nimn ent for al teri(3r finish of stone, uric tile, concrete, glass, Od,thereof. The use of to a maximum of forty Primary building exteriors Zoning Ordinance: to any and all applicable articles it presently exist or may be is amended by this Ordinance, development of nply with the requirements of all ordinances, rules na as they exist or may be amended. shall be corrected to reflect the change in zoning described ngs, Repealing and Severability Clauses It is by dewed to be the intention of the City Council that the words, sentences, a phs, subdivisions, clauses, phrases, and provisions of this ordinance are severable and, phrase, sentence, paragraph, subdivision, clause, or provision of this ordinance shall be d ed unconstitutional or otherwise invalid or inapplicable by the valid judgment or decree of any of competent jurisdiction, such unconstitutionality, invalidity or inapplicability shall not affect ny 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 ORDINANCE NO. (Property rezoned under this ordinance is generally located east of North Powell and north of Elm Grove) 3 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 effectiv t are inconsistent or in conflict with the terms and provisions contained in this ordinan repealed only to the extent of any such conflict. Section 5. Penalty Any violation of any of the terms of this ordinance, whether denomi unlawful or not, shall be deemed a misdemeanor. Any person co shall be fined in an amount not to exceed $2,000 for each inciden violation exists is considered a separate offense and will be pgai&Ld Publication of the Caption and Effective Date This ordinance shall be effective upon its passage and posting and/or publication, if required by layr authorized and directed to implement such posjW PASSED by the City Council of the City of An ATTESTED: Carrie Smith, City Se Mike Crist, Mayor ORDINANCE NO. (Property rezoned under this ordinance is generally located east of North Powell and north of Elm Grove) Vnion day a ,roval by the Mayor, Secretary is hereby day of June 2016. 4 EXHIBIT "A" LEGAL DESCRIPTION 20.61 Acres Being Lots 8-27, Block B, Lots 8-20, Block C, Lots 11-34, Block D, Lots 1-20, Block E, Lots 1-7, Block F and dedicated Right of Way of the Sweetwater Crossing Addition, recorded in Volume R, Page 197 of the Official Public Records of Collin County, Texas, and being situated in the J.C. Brantley Survey, Abstract No. 114, and being in the City of Anna, Collin County, Texas, and being more particularly described as follows: BEGINNING at a 1/2" iron rod set at the northwest corner of Lot 10, Block D of said Sweetwater Crossing Addition, and being in the east line of White Rock (50' ROW); THENCE: North 00" 48' 29" East, along said Easterly ROW line, a distance of 115.58 feet to a 1/2" iron rod set for a corner. THENCE: North 000 48' 29" East, continuing along said Easterly ROW line, a distance of 50.0 feet to a 1/2" iron rod set for a corner. THENCE: North 000 48' 29" East, continuing along said Easterly ROW line, a distance of 357.16 feet to a 1/2" iron rod set for a corner. THENCE: South 890 11' 31" East, along said Southerly ROW line, a distance of 10.50 feet to a 1/2" iron rod set for a corner. THENCE: North 000 48' 29" East, a distance of 50.00 feet to a 1/2" iron rod set for a corner. THENCE: North 890 11' 31" West, along said Northerly ROW line, a distance of 17.92 feet to a 1/2" iron rod found for a corner. THENCE: North 00' 48' 29" East, a distance of 120.0 feet to a 1/2" iron rod set for a corner, said point being the Northeast corner of Lot 8, Block F of said Sweetwater Crossing Addition. THENCE: South 890 11' 31" East, a distance of 410.0 feet to a 1/2" iron rod set for a corner. THENCE: South 890 11' 31" East, a distance of 50.0 feet to a 1/2" iron rod set for a corner. THENCE: South 890 11' 31" East, a distance of 1129.43 feet to a 1/2" iron rod set for a corner. THENCE: South 020 29' 42" West, a distance of 394.06 feet to a 1/2" iron rod set for a corner, said point being the Northeast corner of Lot 7, Block B of said Sweetwater Crossing Addition. THENCE: North 87' 30' 18" West, a distance of 120.0 feet to a 1/2" iron rod set for a corner. THENCE: North 870 30' 18" West, a distance of 50.00 feet to a 1/2" iron rod set for a corner. THENCE: North 020 29' 42" East, a distance of 98.93 feet to a 1/2" iron rod set for a corner. Page 3 of 4 THENCE: North 89' 11' 31" West, a distance of 300.54 feet to a 1/2" iron rod set for a corner. THENCE: South 28' 39' 30" West, a distance of 588.56 feet to a 1/2" iron rod set for a corner. THENCE: North 89' 21' 14" West, a distance of 120.69 feet to a 1/2" iron rod found for a corner. THENCE: Along the arc of said curve and along said Easterly ROW line, an arc distance of 11.08 feet and chord bearing of South 020 56' 17" West, a distance of 11.08 feet to a 1/2" iron rod set for a corner. THENCE: North 890 17' 41" West, a distance of 50.09 feet to a 1/2" iron rod set for a corner. THENCE: Along the arc of said curve and along said Easterly ROW line, an arc distance of 113.91 feet and chord bearing of South 160 11' 28" West, a distance of 113.01 feet to a 1/2" iron rod set for a corner. THENCE: North 890 21' 14" West, a distance of 687.52 feet to the POINT OF BEGINNING and containing 897,876 sq. feet or 20.61 acres of land more or less. Page 4 of 4 ITE 0 ELM 7 42 2862 CITY OF AN NA, TEXAS Item No. 7 City Secretary's use only City Council Agenda Staff Report Date: June 28, 2016 Staff Contact: Maurice Schwanke Exhibits: Yes. AGENDA SUBJECT: Conduct a Public Hearing (1st) on the annexation of a 32.295 acre tract of land located in the Henry Smith Survey, Abstract 0823. SUMMARY: The City Council has instituted proceedings for the annexation of a 32.295 acre tract of land located in the Henry Smith Survey, Abstract 0823. This property is located north of Taylor Blvd and west of Ferguson Pkwy and adjacent to the City Limits. The area contains 5 parcels of property with 5 single family homes and is bounded on three sides by neighborhoods that are inside the city limits. The City's Comprehensive includes a chapter on Growth Management (Chapter 4) that outlines policies and strategies for managing the growth of the City. The Comprehensive Plan suggests that the City proactively annex land within its ETJ that becomes attractive for development due to availability of municipal utilities, and other locations that are in close proximity to areas being subdivided and developed. Proper management of development in the urbanizing areas depends upon annexation and the application of zoning regulations that support the City's Future Land Use Plan. Consistent with this concept, Staff has recommended a deliberate but measured approach to the annexation of developed properties located adjacent to or within close proximity to the City limits. The City has offered a Development Agreement to all the property owners within the area proposed for annexation that would guarantee that the property would remain outside the city limits for three years after which, the property owner would consent to voluntary annexation. STAFF RECOMMENDATION: This is the first of 2 public hearings required when annexing land. No Council action is required at this time. WHITE STREET (F.M CEDAR TRAIL CYPRESS WAY TRAIL I- w J_ w I- Q 2 N x I- N CHESTNUT STREET O F- N HI= O a Z J w LU w x [flu ELM Sl KttI ROCKRI DGE TR. ON 77 wm> ND DR. ODD Mm mm Milli IN FXHIRIT R ANNEXATION SERVICE PLAN POLICE PROTECTION On the effective date of annexation, the City of Anna, Texas and its Police Department will provide police protection to the newly annexed area at the same or similar level of service now being provided to other areas of the City of Anna, Texas with similar topography, land use, and population density within the newly annexed area. FIRE PROTECTION On the effective date of annexation, the City of Anna, Texas and its Fire Department will provide fire protection to the newly annexed area at the same or similar level of service now being provided to other areas of the City of Anna, Texas with similar topography, land use, and population density within the newly annexed area. EMERGENCY MEDICAL SERVICES On the effective date of annexation, the City of Anna, Texas, through its contract with Collin County or another service provider, will provide emergency medical services to the newly annexed area at the same or similar level of service now being provided to other areas of the City of Anna, Texas with similar topography, land use, and population density within the newly annexed area. SOLID WASTE COLLECTION On the effective date of annexation, the City of Anna, Texas, through its contract with Bradshaw and Son or another service provider, will provide solid waste collection to residents and businesses in the newly annexed area (to the extent that the service provider has access to the area to be serviced) at the same or similar level of service now being provided to other areas of the City of Anna, Texas with similar topography, land use, and population density within the newly annexed area. Such service will be provided in accordance with existing City policies and Ordinances, and only upon payment of any required deposits and the agreement to pay lawful service fees and charges for solid waste collection. Residents and businesses of the newly annexed area that have existing contracts with solid waste service providers have two years from the date of annexation or until the termination date of the existing contract, whichever is sooner, to begin solid waste collection service through the City. Solid waste collection is mandatory for City of Anna residents and businesses operating within the city limits. Page 1 of 4 WATER AND WASTEWATER FACILITIES On the effective date of annexation, any and all water or waste water facilities owned by the City of Anna, Texas at the time of annexation shall be maintained and operated by the City of Anna, Texas. Of such facilities, the City will maintain the main water transmission and wastewater collection lines. All water and wastewater service lines (up to and including the service line connection with the City's main line, shall be maintained by the property owner served by the service connection. Residents and owners of property in newly annexed areas that are located within the City's water or wastewater CCN will be offered water and wastewater service in accordance with City policies and ordinances in existence at the time of annexation or as may be amended from time -to -time by the City Council. Generally, these ordinances state that the land owner or customer must bear the cost of construction of water and wastewater system facilities to a point where suitable connection to the existing system can be made and service to the customer can be provided. All water and wastewater facilities designed to connect to the City's existing system must be approved by the City and meet all City zoning, subdivision, and other development ordinances and requirements. ROADS AND STREETS On the effective date of annexation, any and all existing public roads or streets in the newly annexed area which have been dedicated to Collin County, Texas or to the City of Anna, Texas, or which are owned by the City of Anna, Texas shall be maintained to the same degree and extent that other roads and streets are maintained in areas of the City with similar topography land use and population density. Specific maintenance activities are determined by available funding and the need for maintenance as determined by the City. The City is not obligated to maintain any portion of a private road or street. Any and all lighting of roads and streets which may be positioned in a public right of way, roadway or utility company easement shall be maintained by the applicable utility company servicing that area of the City of Anna, Texas pursuant to the rules regulations and fees of such utility. An owner of land within the newly annexed area that desires to develop said property will be required pursuant to the ordinances of the City of Anna, Texas to provide internal and peripheral streets and to construct those streets in accordance with the specifications required by the City of Anna, Texas. Page 2 of 4 PARKS PLAYGROUNDS AND SWIMMING POOLS OR ANY OTHER PUBLICLY OWNED FACILITY BUILDING OR SERVICE The City Council of the City of Anna, Texas is not aware of the existence of any public parks, public playgrounds, public swimming pools, or any other publicly owned facility, building or service now located in the area proposed for annexation. In the event any such parks, playgrounds, swimming pools, or any other public facilities, buildings or services do exist and are public facilities, the City of Anna, Texas will maintain such areas upon annexation to the same extent and degree that it maintains public parks, public playgrounds, public swimming pools, other public facilities buildings or services and other similar areas of the City now incorporated in the City of Anna, Texas. To the extent that it becomes necessary because of development demands population growth or a bona fide need, the City Council of the City of Anna, Texas will undertake to provide any such facility which it deems necessary to adequately provide for the health and safety of the citizens of the newly incorporated area based upon the standard considerations of topography, land use and population density. OTHER MUNICIPAL SERVICES Following annexation by the City of Anna, Texas, the City will provide code enforcement, planning, and animal control services to the newly annexed area, to the extent such services are funded in the annual budget and provided by the City within its full -purpose boundaries. Such services will be provided to the newly annexed area at the same or similar level of service now being provided to other areas of the City of Anna, Texas with similar topography, land use, and population density within the newly annexed area. CONSTRUCTION OF CAPITAL IMPROVEMENTS The City Council of the City of Anna, Texas finds and determines it to be unnecessary to acquire or construct specific capital improvements for the purposes of providing full municipal services to the newly annexed area. The City Council finds and determines that it has at the present time adequate facilities to provide the same type, kind and level of service which exists in and is presently being administered to other areas already incorporated in the City of Anna, Texas with the same or similar topography, land use and population density. SPECIFIC FINDINGS The City Council of the City of Anna, Texas finds and determines that this proposed Service Plan will not provide any fewer services and it will not provide a lower level of service in the area proposed to be annexed than were in existence in the proposed area at the time immediately preceding the annexation process. Furthermore the City Council of the City of Anna, Texas finds and determines that the rural nature of the area is characteristically different from other more highly developed areas within the Page 3 of 4 corporate limits of the City of Anna, Texas. Consequently because of the differing characteristics of topography, land use, and population density the service levels which may ultimately be provided in the newly annexed area may differ somewhat from services provided in other areas of the City of Anna, Texas. These differences are specifically dictated because of differing characteristics of the property. The City of Anna, Texas will undertake to perform consistent with this contract so as to provide this newly annexed area with the same type, kind and quality of service presently enjoyed by the citizens of the City of Anna, Texas who reside in areas of similar topography, land use and population density. TERM This Service Plan shall be valid for a term of ten (10) years. Renewal of the Service Plan shall be at the discretion of the City Council. AMENDMENTS This Service Plan may be amended if the City Council determines at a public hearing that changed conditions or subsequent occurrences make this Service Plan unworkable or obsolete. The City Council may amend the Service Plan to conform to the changed conditions or subsequent occurrences pursuant to Texas Local Government Code, Section 43.056. Page 4 of 4 CITY OF AN NA, TEXAS Item No. 8 City Secretary's use only City Council Agenda Staff Report Date: June 28, 2016 Staff Contact: Maurice Schwanke Exhibits: Yes. AGENDA SUBJECT: Consider/Discuss/Action regarding a Resolution authorizing participation in the Collin County Park and Open Space Grant Program. SUMMARY: Staff is recommending the submission of an application for grant funds through the Collin County Parks and Open Space Project Funding Assistance Program. The grant application will request matching park funds for improvements in Natural Springs Park. The improvements will include the following: • Construction of a new entrance from F.M. 455 at a future median opening (lines up with Buffalo Bill) and a paved parking lot; • Dredging and reshaping of both ponds in the Park; • Drilling a well to maintain the water levels and the installation of fountains/lighting in the ponds; • Septic system improvements; • Trail connections. The dredging of the north and south ponds will allow for the ponds to be deepened in order to allow for a suitable habitat for fish. The project will also make the water features more attractive and provide for increased diversity of activities available to our citizens. The application deadline for the Collin County Park Program is July 11 th. This grant is a 50/50 matching grant. We are anticipating that the City share of the funding will be through the Park Trust Funds and the value of land already obtained by the Anna Community Development Corporation. The preliminary budget for this project is $329,000. STAFF RECOMMENDATION: Approval of Resolution NATURAL SPRINGS PARK IMPROVEMENT 2016-2017 Activity Estimated Cost/value Driveway/Parking Phase 1 $146,000 Pond Dredging and reshape (Both) $73,000 Well $15,000 Fountain with lighting $40,000 Aerobic Septic $10,000 Trail Access to facilities * $45,000 Design Work ($23,400) Total Construction $329,000 Funding Source Trust Fund (Cash Match) $39,500 Land Match $250,000 Collin County Grant Funds $289,500 Total $579,000 * Completes trail on west side of pond to new trail being built in association with F.M 455 and from new parking area proposed to existing trail on east side of pond. CITY OF ANNA, TEXAS RESOLUTION NO. (Park Grant — Natural Springs Park Improvements) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANN XAS; AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR FUNDIN ROUGH THE COLLIN COUNTY PARKS AND OPEN SPACE PROJ CT DING ASSISTANCE PROGRAM AND DESIGNATING THE CITY M;FER THE GRANT PROGRAM OFFICIAL OR REPRESENTATIVE. WHEREAS, the City Council of the City of Anna, Texas (the " o ) desir s to submit an application for funding through the Collin Coun Par Ope ace Project Funding Assistance Program (the "Grant Progra WHEREAS, the Grant Program application ]to ill incl a r 501W0 matching funds for the following improvements Nat ings rk (the "Park Improvements"), M construction of a new entrance fro paved parking lot within the park, dredging and reshaping of both poi drilling a well to maintae,. r in the ponds, septic system improv trail connections to th c edian opening and a stallation of fountains/lighting mate for the Park Improvements is $329,000; WHEREAS, it is ILticipated thatae source of the City's share of the required matching funds will thro the Parkfflust Funds and the value of land already obtained by the An uni I nt Corporation; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF Recitals Incorporated. are incorporated herein as if set forth in full for all purposes. Authorization to Submit Application. City Council of the City of Anna Texas hereby authorizes the City Manager to submit an application for funding through the Collin County Parks and Open Space Project Funding Assistance Program (the "Grant Program") consistent with this Resolution. RESOLUTION NO. (Park Grant — Natural Springs Park Improvements) Section 3. Designation of Grant Program Official The City Manager is hereby designated as the Grant Program Official and is authorized to execute all documents and to take all other actions necessary to finalize, act under, and enforce the Grant Program agreement. AM PASSED AND APPROVED by the City Council of the City of Anna, Texas this 28th day of June 2016. � V ATTEST: APPROVED: Carrie L. Smith, City Secretary Mike Cri RESOLUTION NO. (Park Grant — Natural Springs Park Improvements) CITY OF AN NA, TEXAS Item No. 9 City Secretary's use only City Council Agenda Staff Report Meeting Date: .Ctaff rnntart• Exhibits: June 28, 2016 City Secretary Yes AGENDA SUBJECT: Consider/Discuss/Action regarding reappointments/ appointments to the Economic Development Corporation. (City Council) SUMMARY: Place 7 on the Economic Development Corporation (EDC) is currently vacant. In addition, the terms for Place 2 Doug Hermann, Place 4 Connie Stump, and Place 6 Brent Thomas expire at the end of June. All of the current members have expressed a desire to be reappointed to the Board. STAFF RECOMMENDATION: Make reappointments/appointments to the Economic Development Corporation. City Secretary-9 EDC Appointments CITY OF AN NA, TEXAS Item No. 10 City Secretary's use only City Council Agenda Staff Report Meeting Date: .Ctaff rnntart• Exhibits: June 28, 2016 City Secretary Yes AGENDA SUBJECT: Consider/Discuss/Action regarding reappointments/ appointments to the Community Development Corporation. (City Council) SUMMARY: Place 7 on the Community Development Corporation (CDC) is currently vacant. In addition, the terms for Place 2 Doug Hermann, Place 4 Connie Stump, and Place 6 Brent Thomas expire at the end of June. All of the current members have expressed a desire to be reappointed to the Board. STAFF RECOMMENDATION: Make reappointments/appointments to the Community Development Corporation. City Secretary-10 CDC Appointments CITY OF AN NA, TEXAS Item No. 11 City Secretary's use only City Council Agenda Staff Report Meeting Date: .Ctaff rnntart- Exhibits: June 28, 2016 City Secretary Yes AGENDA SUBJECT: Consider/Discuss/Action regarding reappointments/ appointments to the Planning & Zoning Commission. (City Council) SUMMARY: Places 3 and 6 on the Planning & Zoning Commission (P&Z) are currently vacant. In addition, the term for Place 2 Don Callahan expires at the end of June. Mr. Callahan has expressed his desire to be reappointed. Commissioner Colombo has agreed to continue to serve until his replacement is appointed. STAFF RECOMMENDATION: Make reappointments/appointments to the Planning and Zoning Commission City Secretary -I I PZ Appointments CITY OF AN NA, TEXAS Item No. 12 City Secretary's use only City Council Agenda Staff Report Meeting Date: .Ctaff rnntart• Exhibits: June 28, 2016 City Secretary Yes AGENDA SUBJECT: Consider/Discuss/Action regarding appointments/ reappointments to the Park Advisory Board. (City Council) SUMMARY: Place 3is currently vacant. In addition, the term for Place 2 Stan Carver II and Place 4 Ginny Finan expire at the end of June. Both current members have expressed their desire to be reappointed. STAFF RECOMMENDATION: Make reappointments/appointments to the Planning and Zoning Commission City Secretary-12 Parks Appointments CITY OF AN NA, TEXAS Item No. 13 City Secretary's use only City Council Agenda Staff Report Meeting Date: .Ctaff rnntart- Exhibits: June 28, 2016 City Secretary Yes AGENDA SUBJECT: Consider/Discuss/Action regarding reappointments/ appointments to the Board of Adjustments. (City Council) SUMMARY: The term for Places 2 Robert Simonsen and 4 Brent Thomas will expire the end of June. Both current members have expressed their desire to be reappointed. STAFF RECOMMENDATION: Make reappointments/appointments to the Planning and Zoning Commission City Secretary-13 BOA Appointments CITY OF AN NA, TEXAS Item No. 14 City Secretary's use only City Council Agenda Staff Report Meeting Date: .Ctaff rnntart- Exhibits: June 28, 2016 City Manager Yes AGENDA SUBJECT: Future Agenda Consideration: Ordinance amending building permit requirements in the extraterritorial jurisdiction. SUMMARY: Regulations regarding the issuance of building permits in the City's extra -territorial jurisdiction (ETJ) are outlined in Part III -A, Article 1, Section 16 of the Anna City Code (see below). These regulations were adopted under the authority of the laws of the State of Texas, including Chapter 212 of the Texas Local Government Code. Chapter 233 Subchapter F, and Section 214.904 of the Local Government Code also address the authority of cities to adopt a building codes and issue building permits in the ETJ. Section 16. Building Permits Required in the City's Extraterritorial Jurisdiction 16.01 Before construction of any structure proposed to be located in a Subdivision within the City's Extraterritorial Jurisdiction may begin, plans for construction shall be submitted for review by the City or its designated plan reviewer. The plans shall meet the same requirements and are subject to the same standards of review as plans for structures located within the City's corporate limits. 16.02 Fees shall be collected for building permit review and inspections at the same rate charged for structures located within the City's corporate limits. 16.03 Before the issuance of a building permit, the property upon which the proposed structure is planned to be located shall have been Platted in accordance with these Subdivision Regulations as applicable to development in the City's Extraterritorial Jurisdiction. Mayor Crist has requested that the Council review these regulations and consider any appropriate amendment(s). The Council previously discussed this issue during their May loth meeting. Staff surveyed the surrounding communities in Collin County to determine what other cities require building permits in their respective ETJ's. The following are the results of that survey Require Building Permits in the ETJ Yes No Celina X Frisco X McKinney X Melissa X Prosper X Princeton X Anna X According to the rules previously adopted by the City Council, an item listed for discussion under Future Agenda Consideration will be placed on a future Council agenda if at least three (3) Council members vote in favor of a motion to place the item on a future agenda (Resolution 2008-01-04). Item No. 15 City Secretary's use only City Council Agenda Staff Report CITY OFANNA,TEXAS Date: June 28, 2016 Staff Contact: City Manager Exhibits: N/A AGENDA SUBJECT: Closed Session (Exceptions): Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: SUMMARY: CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071) The Council further reserves the right to enter into closed session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. STAFF RECOMMENDATION: CITY OF ANNA, TEXAS Item No. 16 City Secretary's use only City Council Agenda Staff Report Date: June 28, 2016 Staff Contact: City Manager Exhibits: N/A AGENDA SUBJECT: Consider/Discuss/Action on any items listed on the posted agenda or any closed session occurring during this meeting, as necessary. SUMMARY: STAFF RECOMMENDATION: CITY OF ANNA, TEXAS AGENDA SUBJECT: Adjourn SUMMARY: Item to adjourn the meeting. STAFF RECOMMENDATION: Staff recommends a motion to adjourn. Item No. 17 City Secretary's use only City Council Agenda Staff Report Date: June 28, 2016 Staff Contact: City Manager Exhibits: None