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HomeMy WebLinkAbout2016-10-25 Work Session & Regular Meeting Packet AGENDA City Council Work Session Tuesday, October 25, 2016 @ 6:30 PM Anna City Hall, Council Chambers 111 N. Powell Parkway, Anna, Texas 75409 1.Call to Order. 2.Roll Call and Establishment of Quorum 3.Discussion Regarding November and December City Council Meeting Dates. (City Manager) a 4.Briefing regarding planned ref unding of outstanding debt. (City Manager) a 5.CLOSED SESSI ON (EXCEPTI ONS) Under Tex. Gov't Code Chapter 551, the City Counci l may enter into closed session to discuss any items listed or referenced on this agenda under the fol lowing exceptions: a.Discuss or deliberate personnel matters (Tex. Gov’t Code §551.074); City Manager annual review. a b.Consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov’t Code §551.071) a The Council further reserves the right to enter i nto executive sessi on 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 any agenda—work session, regular meeting, or closed session—that is duly posted by the City of Anna f or any City Council meeting occurring on the same date as the meeting noticed in this agenda. 7.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 bulletin board. Posted on this 21st day of October, on or before 5:00 p.m.. ___________________________________ 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 exec utive session c oncerning any of the items listed on this agenda, whenever it is considered nec essary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistanc e should c ontact the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements c an be made. Item No. 3. City Council Agenda Staff Report Meeting Date: 10/25/2016 AGENDA IT EM : Discussion Regarding November and December City Council Meeting Dates. (City Manager) SUM MARY: In order to avoid potential scheduling conflicts, the City has typically elected not to place items on the City Council agendas f or meetings scheduled on the Tuesdays immediately prior to (or af ter) the Thanksgiving and Christmas holidays. The City Council will need to meet briefly sometime between November 16 and November 22 to canvass the November election results. The second Council meeting in November is normally scheduled f or November 22, two days prior to Thanksgiving Day. The second regular Council meeting in December is scheduled for December 27, two days af ter Christmas Day. If no items are placed on the agenda, it will not be necessary for the Council to meet on December 27. STAFF RECOM M ENDAT ION: Item No. 4. City Council Agenda Staff Report Meeting Date: 10/25/2016 AGENDA IT EM : Brief ing regarding planned refunding of outstanding debt. (City Manager) SUM MARY: In order to appropriately manage our outstanding debt, the City and our financial advisors have developed a plan to take advantage of call dates and pursue advance refundings (where appropriate) of the City’s outstanding debt. Several ref undings are scheduled to occur during this fiscal year. Our financial advisor, Andre Ayala, will brief the Council on the planned ref unding of the following obligations: $640,000 Series 2007 Certif icates which reset to 15% on 2/15/2017 and callable @ par on same date; $165,000 Series 2007 Bonds which reset to 15% on 2/15/2017 and callable @ par on same date; $405,000 Series 2006 Certificates currently at 4% and currently callable on any date (may be economically f easible to combine with ref unding of Series 2007) The refunding of Series 2007 would need to be sold by January 10, 2017 in order to close and redeem old bonds prior to 2/15/2017 and avoid reset; We recommend execution of this refunding before the end of 2016 and access the bank qualif ied market. STAFF RECOM M ENDAT ION: No Council action is required at this time AGENDA Regular City Council Meeting Tuesday, October 25, 2016 @ 7:30 PM Anna City Hall, Council Chambers 111 N. Powell Parkway, Anna, Texas 75409 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, pl ease 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. Ci ti zens are allowed three minutes to speak. The Counci l 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 inqui ry. 4.Receive reports from Staff or the City Council about items of community interest. Items of community interest i nclude: expressions of thanks, congratul ations, or condol ence; information regarding holi day schedules; an honorary or salutary recogni ti on of a public offi cial, public empl oyee, or other citizen (but not incl uding a change in status of a person's publ ic office or publ ic employment); a remi nder 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 schedul ed to be attended by a member of the governi ng body or an official or employee of the muni cipality; and announcements i nvolving an imminent threat to the public health and safety of people in the munici pality that has arisen after the posting of the agenda. 5.Consent Items. These items consist of non-controversi al or "housekeeping" items requi red by law. Items may be considered i ndivi dually by any Counci l member making such request prior to a motion and vote on the Consent Items. a.Approve Council meeting minutes f rom October 11, 2016. (Carrie Smith) a b.Authorize the City Manager to solicit bids for the Sherley Above Ground Storage Tank Rehabilitation Project. (Joseph Johnson) a c.Authorize the City Manager to solicit bids for the Water Disinfection System Upgrades. (Joseph Johnson) a d.Ordinance approving the 2016 Tax Roll (City Manager) a e.Resolution approving a preliminary plat of Anna Crossing Phase 11. (Maurice Schwanke) a 6.Conduct a Public Hearing and take Action on an Ordinance changing the zoning district designation from Single Family Estates (SF-E) to Restricted Commercial (C-1) on Lots 1, 2, and 3 of the Sister Grove Estates Addition. (Maurice Schwanke) a 7.Consider/Discuss/Action regarding a Resolution authorizing the City Manager to execute an Interlocal Agreement between Collin County and the City of Anna regarding the construction of trails at Natural Springs Park. (Maurice Schwanke) a 8.Consider/Discuss/Action regarding an Ordinance replacing Ordinance No. 343- 2007 authorizing the Anna Fire Department to charge the cost of certain emergency and rescue services within the response area of the Anna Fire Department. (Chief Gothard) a 9.Consider/Discuss/Action regarding a Resolution approving the Collin County Hazard Mitigation Action Plan, September 2016. (Chief Gothard) a 10.Consider/Discuss/Action regarding a Resolution finding a public necessity and authorizing the City Staf f to use lawf ul means, including negotiations and if necessary proceedings in eminent domain, to acquire an easement on private property owned by Testamentary Trust c/o Addison Wilson III. (Joseph Johnson) a 11.Consider/Discuss/Action regarding a Resolution authorizing the City Manager to execute an amendment to an engineering task order with Birkhof f , Hendricks and Carter, LLP f or the Pecan Grove Water Line Project. (Joseph Johnson) a 12.Consider/Discuss/Action regarding an Ordinance amending Part I I (General Ordinances), Article 29 (General Of f enses), Section 4 (Discharge Of Firearms) of the Anna City Code of Ordinances. (City Mananger) a 13.CLOSED SESSI ON (EXECEPTIONS) Under Tex. Gov't Code Chapter 551, the City Counci l may enter into closed session to discuss any items listed or referenced on this agenda under the fol lowing exceptions: a.Discuss or deliberate personnel matters (Tex. Gov’t Code §551.074); City Manager annual review. a b.Consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov’t Code §551.071) a The Council f urther 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. 14.Consider/Discuss/Action on any items listed on any agenda—work session, regular meeting, or closed session—that is duly posted by the City of Anna f or any City Council meeting occurring on the same date as the meeting noticed in this agenda. 15.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 bulletin board. Posted on this 21st day of October 2016 at or before 5:00 p.m.. ___________________________________ 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 exec utive session c oncerning any of the items listed on this agenda, whenever it is considered nec essary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistanc e should c ontact the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements c an be made. Item No. 5.a. City Council Agenda Staff Report Meeting Date: 10/25/2016 AGENDA IT EM : Approve Council meeting minutes from October 11, 2016. (Carrie Smith) SUM MARY: STAFF RECOM M ENDAT ION: AT TACHMENT S: Description Upload Date Type Proposed Minutes 10/20/2016 Exhibit Item No. 5.b. City Council Agenda Staff Report Meeting Date: 10/25/2016 AGENDA IT EM : Authorize the City Manager to solicit bids for the Sherley Above Ground Storage Tank Rehabilitation Project. (Joseph Johnson) SUM MARY: In a recent inspection, the 100,000-gallon ground storage tank at the Sherley Pump Station was found to be deficient in several areas. The Sherley Above Ground Storage Tank Rehabilitation Project would include piping upgrades, welding, metal repairs, hatch replacement and new interior and exterior coatings. The project is expected to cost $109,000. Funds are available f or this project in the amount of $113,685.26 using contract revenue bond funds from the Texas Water Development Board that Greater Texoma Utility Authority is holding on the City of Anna’s behalf. STAFF RECOM M ENDAT ION: Staff recommends approval of this item authorizing the City Manager to solicit bids f or the Sherley Above Ground Storage Tank Rehabilitation Project. Item No. 5.c. City Council Agenda Staff Report Meeting Date: 10/25/2016 AGENDA IT EM : Authorize the City Manager to solicit bids for the Water Disinfection System Upgrades. (Joseph Johnson) SUM MARY: The Water Disinfection System Upgrades project provides the infrastructure necessary to replace free chlorination as our disinfection process with a process called chloramination which is a blend of chlorine and liquid ammonium solution. This method of disinfection reduces chlorine odor, results in a more stable and manageable disinfection process, and reduces disinfection byproducts that could cause noncompliance with drinking water regulations. The project is expected to cost $450,000. Funds are available for this project in the 2014 Certificate of Obligation. STAFF RECOM M ENDAT ION: Staff recommends approval of this item authorizing the City Manager to solicit bids for the Water Distribution Disinfection System Upgrades. Item No. 5.d. City Council Agenda Staff Report Meeting Date: 10/25/2016 AGENDA IT EM : Ordinance approving the 2016 Tax Roll (City Manager) SUM MARY: The Collin County Tax Assessor Collector recently submitted the Tax Roll summary f or the City of Anna. The report f rom the county is attached. Texas Property Tax Code, Section 26.09, requires the City to pass an ordinance approving the 2015 Tax Roll. STAFF RECOM M ENDAT ION: Staff recommends that the City Council adopt the attached Ordinance approving the 2016 Tax Roll for the City of Anna. AT TACHMENT S: Description Upload Date Type Tax Roll Ordinance 10/18/2016 Ordinance Exhibit 1, 2016 Tax Roll Summary 10/18/2016 Exhibit Item No. 5.e. City Council Agenda Staff Report Meeting Date: 10/25/2016 AGENDA IT EM : Resolution approving a preliminary plat of Anna Crossing Phase 11. (Maurice Schwanke) SUM MARY: Anna Town Center No 2/BRTO Ltd. has submitted an application f or approval of a preliminary plat of Anna Crossing, Phase 11. The preliminary plat includes a 9.42 acre lot that will be developed by Palladium USA as a multi-f amily development. Right-of-way dedications for extensions of Finley Blvd., Leonard Ave., and an unnamed 4-lane collector street are shown and will be required in connection with the development of the Palladium property (Lot 1, Block A). Remainder Tracts A, B, and C are shown f or ref erence purposes only and are not being proposed for development with this preliminary plat. The current zoning for the property is a Planned Development that allows for a mixture of multi- family and commercial uses. The multifamily lot is where the Palladium apartment complex is contemplated. On October 3, 2016, the Planning and Zoning Commission voted to recommend that the City Council approve this preliminary plat. STAFF RECOM M ENDAT ION: Staff recommends approval of the attached Resolution and preliminary plat. AT TACHMENT S: Description Upload Date Type Location Map 10/19/2016 Backup Material Resolution 10/20/2016 Resolution Exhibit 1, Anna Crossing PH 11 10/19/2016 Exhibit Item No. 6. City Council Agenda Staff Report Meeting Date: 10/25/2016 AGENDA IT EM : Conduct a Public Hearing and take Action on an Ordinance changing the zoning district designation f rom Single Family Estates (SF-E) to Restricted Commercial (C-1) on Lots 1, 2, and 3 of the Sister Grove Estates Addition. (Maurice Schwanke) SUM MARY: The owner of lots 1, 2 and 3 of the Sister Grove Estates addition is requesting that the City Council change the current zoning from SF-E (Single Family-Estate) to C-1 (Restricted Commercial). The land is approximately 4.053 acres. This zoning change would be consistent with the future land use map as illustrated in the City’s Comprehensive Plan, however, the current uses of the surrounding properties are residential and agricultural. The applicant has not identified a specific development plan f or the property. Seven (7) notices were sent to the owners of property within 200 f eet of the subject tract. I n addition to the applicant, one (1) other property responded in f avor and three (3) property owners spoke in opposition at the public hearing before Planning and Zoning Commission. The Planning and Zoning Commission voted to recommend that the City Council deny this request. A three-fourths vote of the City Council is required to overrule the Planning and Zoning Commission’s recommendation to deny the request. STAFF RECOM M ENDAT ION: Staff has determined that commercial uses on this property in its current context with the surrounding single f amily homes, and without the appropriate infrastructure (water and sewer service), may not be appropriate and may be premature at this time. Staff is not recommending that the current zoning be changed. AT TACHMENT S: Description Upload Date Type Location Map 10/19/2016 Backup Material Property owner responses and comments 10/20/2016 Backup Material Proposed Ordinance 10/19/2016 Ordinance Exlhibit A - Legal Description 10/19/2016 Exhibit Item No. 7. City Council Agenda Staff Report Meeting Date: 10/25/2016 AGENDA IT EM : Consider/Discuss/Action regarding a Resolution authorizing the City Manager to execute an I nterlocal Agreement between Collin County and the City of Anna regarding the construction of trails at Natural Springs Park. (Maurice Schwanke) SUM MARY: The City has received a matching grant f or trail construction at a project cost of $45,000 at Natural Springs Park. The funds will be f rom the Collin County Parks and Open Space Project Funding Assistance Program. The trails to be constructed would be to tie into the sidewalk being constructed along West White Street on both sides of the existing pond. The City has several options for the local match such as the value of existing owned land, f unds used f or pond dredging, or Park Trust Funds. The approval of the I nterlocal Agreement with Collin County and the signing by both the City and County are required prior to beginning the project. STAFF RECOM M ENDAT ION: Approval of the Resolution AT TACHMENT S: Description Upload Date Type Resolution approving ILA with Collin County 10/14/2016 Resolution Exhibit 1, ILA 10/14/2016 Exhibit Item No. 8. City Council Agenda Staff Report Meeting Date: 10/25/2016 AGENDA IT EM : Consider/Discuss/Action regarding an Ordinance replacing Ordinance No. 343-2007 authorizing the Anna Fire Department to charge the cost of certain emergency and rescue services within the response area of the Anna Fire Department. (Chief Gothard) SUM MARY: In 2007 the City Council approved an ordinance that established a revenue recovery program that allows the Fire Department to recover a portion of the cost of responding to certain prolonged events such as motor vehicle accidents, hazardous materials spills, etc. I n many cases, persons or entities requiring emergency service resulting from a major incident have insurance coverage that will partially reimburse the City f or costs associated with the use, loss, damage and wear and tear to the tools, equipment and materials used in connection with rendering emergency services. Residents of the City of Anna, receiving emergency services rendered by the Anna Fire Department are exempt f rom the service charges and revenue recovery plan provided for in the Ordinance. Calls for service at single family structure fires within the Anna city limits, and first responder/medical assist calls to a residence (not involving a motor vehicle) within the Anna city limits are also exempt f rom the service charges. Any commercially owned, operated, or zoned property is not exempt. Earlier this year, Revenue Rescue, the company that had previously been approved for billing for services, went out of business. While researching companies that could replace Revenue Rescue, Staff reviewed the 2007 Ordinance and is recommending that a couple of issue be addressed in a revised Ordinance. 1. The revised Ordinance replaces language that ref erred to the Anna Volunteer Fire Department with the Anna Fire Department. 2. While most of the fees will remain the same as previously approved in the 2007 ordinance, the revised Ordinance adopts a new fee schedule with a f ew changes. (the 2007 Ordi nance and fee schedul e i s provi ded with thi s staff report for comparati ve purposes) The general exemptions for Anna residents remain the same. STAFF RECOM M ENDAT ION: Staff recommends approval of this revised Ordinance. AT TACHMENT S: Description Upload Date Type Fire department cost recovery ordinance 10/18/2016 Ordinance Exhibit A, Fee Schedule 10/18/2016 Exhibit Original Ord. No. 343-2007 10/18/2016 Backup Material Item No. 9. City Council Agenda Staff Report Meeting Date: 10/25/2016 AGENDA IT EM : Consider/Discuss/Action regarding a Resolution approving the Collin County Hazard Mitigation Action Plan, September 2016. (Chief Gothard) SUM MARY: In 2011, Collin County, in cooperation with six other local government jurisdictions, adopted a Hazard Mitigation Action Plan. The Plan complies with the federal Disaster Mitigation Act (DMA 2000) and makes the participating entities eligible to apply for federal aid, technical assistance, and post-disaster hazard mitigation project funding. The 2016 Hazard Mitigation Plan is an update of the original 2011 Plan that included the participation of Collin County, and nineteen cities (including Anna). Emergency Management representatives from the participating agencies started meeting in 2014 to identify and prioritize risk factors throughout the county and the nineteen participating cities. Once identif ied and prioritized, preventative measures were discussed that would mitigate these risk. The implementation of this Plan will make Collin County more disaster-ready and resilient. The 2016 Plan has been approved by the North Central Texas Council of Governments (NCTCOG) pending adoption by FEMA. I n order f or the Plan to receive Final FEMA approval, each participating jurisdiction must pass a resolution adopting the Plan. Use the following link to view the full Plan: 2016 Hazard Mitigation Plan STAFF RECOM M ENDAT ION: Cheif Gothard worked with the County’s planning team on this Plan. Staf f recommends approval of the attached Resolution. AT TACHMENT S: Description Upload Date Type Resolution 10/20/2016 Resolution Item No. 10. City Council Agenda Staff Report Meeting Date: 10/25/2016 AGENDA IT EM : Consider/Discuss/Action regarding a Resolution f inding a public necessity and authorizing the City Staf f to use lawful means, including negotiations and if necessary proceedings in eminent domain, to acquire an easement on private property owned by Testamentary Trust c/o Addison W ilson I I I . (Joseph Johnson) SUM MARY: The City is working on the design and construction of a new water main line that is necessary to accommodate the current and future growth of our city. The water line will run parallel to Foster Crossing Road between Pecan Grove Dr. and the DART rail road just east of SH 5 (Powell Parkway). In order to construct this water line, the City will need to acquire an easement across property owned by Testamentary Trust c/o Addison Wilson I I I . The attached resolution authorizes Staff to negotiate, and, if necessary, initiate the use of eminent domain to acquire the needed easement. STAFF RECOM M ENDAT ION: Staff recommends approval of the attached Resolution. A motion to approve the resolution should be made precisely as f ollows as prescribed by law: “I move that the City of Anna, Texas authorize the use of the power of eminent domain to acquire 0.038 acres of land, more or less, f or a permanent water line easement, and 0.038 acres of land, more or less, for a temporary construction easement, said tracts located in the R. C. Ingraham Survey, Abstract No. 464, and the G. Stark Survey, Abstract No. 798, Collin County, Texas, and being over, under and across a called 25.08 acre tract of land conveyed to Testamentary Trust c/o Addison W ilson I I I by deed recorded in Document Number 20091215001497350 of the Deed Records of Collin County, Texas (D.R.C.C.T.), said 0.038 acres and 0.038 acres being more particularly described by the metes and bounds description set f orth in Exhibit “A” to this resolution, which I incorporate in f ull into my motion.” AT TACHMENT S: Description Upload Date Type Testamentary Trust Resolution 10/17/2016 Resolution Exhibit A 10/3/2016 Exhibit Item No. 11. City Council Agenda Staff Report Meeting Date: 10/25/2016 AGENDA IT EM : Consider/Discuss/Action regarding a Resolution authorizing the City Manager to execute an amendment to an engineering task order with Birkhof f , Hendricks and Carter, LLP for the Pecan Grove Water Line Project. (Joseph Johnson) SUM MARY: Council has previously approved an engineering task order with Birkhoff, Hendricks and Carter, LLP f or the design of the Pecan Grove Water Line Project (now called Foster Crossing Water Line) between SH 5 and Pecan Grove. The amendment to the task order provides for additional design services needed to potentially extend the line f urther west to connect to a f uture line on US 75 that is proposed as part of another project. The extension would add an additional critical loop in the water system. The additional segment would be bid as an alternate bid item in the current project. The amendment provides for additional design, bidding and contract administration services for the project. The engineering consulting f ee covering Basic Services (Parts I -I I I ) for the project is for the lump sum amount of $42,750.00 and the additional services (Part I V - A, B and C) is for the amount of $26,250.00 f or a total not-to-exceed amount of $69,000.00. Funds are available f or this project in the 2012 Certificate of Obligation fund balance. STAFF RECOM M ENDAT ION: Staff recommends approval of the attached Resolution which authorizes the City Manager to execute an amendment to an engineering task order with Birkhof f , Hendricks and Carter, LLP for the Pecan Grove Water Line Project. AT TACHMENT S: Description Upload Date Type Resolution 10/13/2016 Resolution Exhibit 1, Task Authorization Amendment 10/13/2016 Exhibit Item No. 12. City Council Agenda Staff Report Meeting Date: 10/25/2016 AGENDA IT EM : Consider/Discuss/Action regarding an Ordinance amending Part I I (General Ordinances), Article 29 (General Offenses), Section 4 (Discharge Of Firearms) of the Anna City Code of Ordinances. (City Mananger) SUM MARY: In 2005, the City Council passed an ordinance that regulates the discharge of firearms and other weapons. The ordinance was written in an attempt to comply with State law at the time. Subject to certain exemptions, the current ordinance requires a permit to discharge a firearm inside the City limits. Permits can only be issued on tracts of land over a certain size (depending on the type of firearm) subject to certain distance requirements from a residence or occupied building. The discharge of other types of weapons (paintball, pellet gun, BB guns, air rif les, bow, etc.) is generally permitted on tracts larger than two acres. The discharge of firearms on certain tracts of land larger than ten acres that were annexed af ter 1981 are exempt f rom the prohibitions and permitting requirements in the current ordinance, subject to certain distance requirements. In late August of this year, staf f received an inquiry regarding a request for a permit to discharge a firearm at a location that is relatively close to a residential area and one of the school campuses. Although the inquiry did not result in the issuance of a permit, it is possible that a permit could have been issued based on our current Ordinance. As a result, staf f has reviewed the current ordinance. It is our view that the current ordinance is conf using, overly complex, and does not sufficiently provide for the safety of the public to the extent allowed in State law. The City Council reviewed a draft amendment to our existing regulations during their meetings on September 25 and October 11. Based on the Council’s input, Staf f has revised the draft Ordinance amendment. The current proposed amended ordinance generally prohibits the discharge of f irearms and other weapons inside the city limits subject to certain exemptions: the discharge of shot guns and pistols is generally permitted on tracts 10 acres or larger; the discharge of rif les is generally permitted on tracts 50 acres or larger; and the discharge of Other Weapons such as pellet guns, BB guns, air rifles, bows, etc., is generally permitted on tracts 2 acres or larger (similar to our current ordinance). In each case the discharge of the various types of weapons may be restricted depending on the distance f rom certain types of land uses or buildings. The amended ordinance also prohibits the discharge of f irearms within 5,000 f eet of the city limits if the discharge occurs within a certain distance of parks, schools, day care facilities, residential developments, or residential or other occupied structures located inside the city limits. The exemptions and regulations outlined in this current draf t are consistent with State law (LGC § 229.003). Under the amended ordinance, where the discharge of firearms is legal, no permits are required. A f low chart is included with this Staff Reports that uses the proposed Ordinance to answer the question “When is the Discharge or a Firearm or Other Weapon Legal?” STAFF RECOM M ENDAT ION: Staff recommends approval of the amended Ordinance. AT TACHMENT S: Description Upload Date Type Discharge of Firearms Ordinance 10/17/2016 Ordinance Clean version of discharge of f irearms regulations 10/17/2016 Backup Material W hen is the Discharge of a Firearm or Other Weapon Legal?10/17/2016 Backup Material Map of properties 10 acres or larger 10/17/2016 Backup Material TRACTS OF LAND 10 ACRES OR MORE INSIDE CITY LIMITS2513 HURSTWOOD COURT CAMILE DRIVE 2411 CONSTRUCTION FOR TXDOT1816182818041801180918291821180518 1 8 182518 171829 1800180818041812180118091706172017241841184518491853160016121616150415002217 2220 2212 2312 2320 2317 2321 2312 2301 2305 2309 2313 2317 2308 2316 2305 2329 2333 2326 2330 2334 2338 HOA1505 2740 CVS910 914 918 918 909 913 204300308322323317510 356 352 348 333 337 SLAYTER CREEK PARK204304308312402406410518522526205209312402406512309313316401509513517521906 910 914 901 419505509902 812 808 824 828 1115WATER LINE VAULT LOCATION 1426 WELLS, ELEVATED AND GROUND STORAGE 1400 WASTE WATER TREATMENT 2410 LIFT STATIONLIFT STAT ION SUDDEN L INK ELECTR IC SUPPLY 2204 2022 SUDDEN LINK ELECTRIC SUPPLY 1302 SUDDEN LINK ELECTRIC SUPPLY15161504160116051609161317171721182118001700170417081712140114051409142114201424143214281414141614002123 2127 213 1 825901905909913917921929100510131021102510292020 20242025 2029 2033 20362037 2101 2105 2109 21222118 2114 2110 2100 20202021 2024 20282029 20322033 2036 2101 2105 2113 2114 2110 2100 2024 2025 2029 2033 2036 2101 2105 2109 2113 2110 2106 20282029 20322033 2037 2105 2109 2110 2106 10161014101010061024 1020 9209169069029249281102110611141116120612101300 2101 2105 2106 2100 1101110511098172211 15001510172018121630 WARRIOR T IRE 2115 901829821825817809929917909905805801901829825809933929925913909905805801901829825817809933929917913905801830826818936934930922918914906802902830826818930922918914906802834822818814936934930922926918906806802800 804 812 816 820 700 708 712 720 721 807 703 709 713 717 721 801 809 817 821 93812011309LIFT STATION 1225 AUTO ZONEWINDMILL STORAGEHARLOW1405 BROOKSHIRES GAS 1305 1317 1427SCHOOL 617 805 BUILDING 1 8211405100249981989298989922 GLACIER ICE 1325 BROOKSHIRES STORE1311 1345 813817WATER METERWATER METERWATER METER4204285065105185205242513 2509 2413 2405 2401 2402 2410 2414 2502 5175094254295014204285065105182317 2309 2301 2318 2306 2302 517513505429425424428502506514419425429501509527523519513301313304308316313300308312316305313317401405417502320400408416317401405413417400412408404317321405409413417204208212228232240244248300304308312316320404416 2406 2402 2318 2306 2302 2401 2317 2309 2305 2409 2405 2406 2310 2306 2302 2410 101109113117121133201205209 10010810911211612012813213620221011311712112512913313720520921722122522924124550150540 1 4054094134214254374124164242020 2014 2006 2001 2005 2009 2013 2017 2021 2029 2118 2114 2106 2102 2034 2026 2022 2014 2010 200 2 246301309321325329302310314322326405417425429437445416420424428501509513502506510522530250246242238234302310402410418422430434 2045 2049 2009 2017 2021 304 EAST FORK CIRCLE EASTSIREN LOCATION #4752275267504BILLY'S BAR AND GRILL6142147826801480262930 3135 3143 568 590 508616640645695668711710754753825802850 586585590589511 555 46355510239831020984939950908 1811 1805 1711 1705 1611 1605 1812 1806 1712 1706 1620 1612 1606 151215061412140613121306121212061112132113051211120511111106101210069129068128047207127061105101110039119058118057197117053329WATER/ELEC METER 136 110 111 2317 2435 30042720METER STATIONMETER STATIONELECTRIC METERMETER STATIONACCESS POINT1733 1721 1717 1713 1709 1705 1701 1641 1637 1633 1629 1625 1621 1605 1601 1525 1521 1729 1725 1721 1717 1713 1709 1705 1701 1729 1725 1721 1717 1713 1709 1705 1701 1741 1737 1733 1625 1621 1617 1613 1609 1605 1601 1633 1629 1625 1621 1609 1613 1617 1605 1634 1601 1630 1626 1618 1622 1614 1610 1606 1706 1702 1602 1710 1714 1718 1722 1726 1730 1702 1706 1710 1714 1718 1722 1726 1730 1634 1630 1626 1622 1618 1614 1606 1638 1610 16021426 1430 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T POLE 1321 1002898939939631 1315 WATER METERWATER METER4245145222517 2501 2409 2406 5132506 5054194245145022313 2314 2305 2310 5095014194205105185205055173093053003123093053043093013213014094134044123214093204164012022162202242364004084122310 23142313 2301 2402 2318 2314 2414 10512512913721310410 5124214206201213233237 5094174294334414204282010 2002 2025 2126 2122 2110 2030 2006 2018 257261305313317306318401409413421433441412432505517514518526230306406414426438 44 2 40140540941341742142542943 3 20 0 1 200 5 2009 2101 2105 2109 2113 2126 2122 2118 2114 2110 2106 2100 2012 2008 2004 2101 2105 2109 2113 2117 2121 2125 2033 2029 2025 2021 2017 2009 2126 2122 2118 2114 2110 2106 21022101 2105 2109 2113 2117 2121 2125 2126 2122 2118 2114 2110 2106 21022101 2105 2109 2113 2117 2121 2125 2126 2122 2118 2114 2110 2106 21022101 2105 2109 2113 2117 2121 2125 2048 2044 2040 2036 2032 2028 20242025 2029 2033 2041 2045 2049 2037 2001 2005 2009 2013 2017 2021 2020 2016 2012 2008 2004 2000 1996 1992 1988 2048 2044 2040 2036 2032 2028 20242025 2029 2033 2037 2041 2045 2049 2001 2005 2009 2013 2017 2021 2020 2016 2012 2008 2004 2000 2048 2044 2040 2036 2032 2028 20242025 2029 2033 2037 2041 2013 2020 2016 2012 2008 2004 2000226222218214 210206202132128124120116112108104100241237233229225221217213209205201117113109105101245249253234230226238242506ELECTRIC METER FOR HOA FOUNTA IN701700724GRAHAM INTERNATIONAL715714LOVE'S TRUCKSTOPWALMARTAFFI707LIFT STATION 807ANNA RETAIL CENTER708NE CORNER804SHOPS AT ANNA PHASE 2824SHOPS AT ANNA PHASE 1SIREN LOCAT ION #2721717TRUCK TIRES820GOODY GOODY WAREHOUSE18001724GATE ELECTR IC SERV ICE 1624RT TELEPHONE CABINET301230063018300730033011301531283122314030323035 30403043 3106 3111 3116 3024 3016 3006 3032 3040 3106 3027 3037 3021 30193103 3119 3127 310 332 396 430 472 481 431 417 365 331 488 458 376416438518575 331 10541129 1125 1121 1117 1113 1109 1105 1101 1129 1125 1121 1117 1113 1109 1105 1129 1125 1121 1117 1113 1109 1105 1129 1125 1121 1117 1113 1109 1105 1126 1122 1118 1114 1110 1106 1100 1126 1122 1118 1114 1110 1106 1100 1126 1122 1118 1114 1110 1106 1100 1126 1122 1118 1114 1110 1106 1100 219223227301305309313317321401405409413417421425501505509513517521525 113011343003043083123163204004044084124164205005045085125165205246006041200 1100 500504508512516300304308312316320400404408412416420324328332424909 905 901 825 821 817 813 809 805 801 733 729 725 721 717 713 709 824 820 816 812 808 804 800 728 724 720 716 712 708 704 825 821 817 813 809 805 801 733 729 725 721 717 713 709 824 820 816 812 808 804 800 728 724 720 716 712 708 704 825 821 817 813 809 805 801 733 729 725 721 717 713 709 824 820 816 812 808 804 800 728 724 720 716 712 708 704 824 820 816 812 808 804 800 728 724 720 716 813 809 805 801 733 729 725 721 717 713 709 705 701517501505509513421413401321317313309305301229704708 71 2 821 817 813 809 805 801 733 729 725 721 717 713 70 9 824 820 816 812 808 804 800 728 724 722 720 716 901 828 905 909 913 917 921 925 929 1001 1005 1009 20921321722122522422021621220820420012412011611211311722422021621220820420012412011620921321722122520520112512111711310910510410811210022422021621220820420012412011610410811213212823 2 228209213217221225205201224220216212208204200805809 813 817 821 825 829 812 808 804 800 816 30 1 30530931331732130530931331730130030430831231630030430831231640040440841241640040440841241640140540941341740140540941341742112111711310 9 105 2012052091136 Water/elec . 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LANE3633643654174731220472474472455475507509424477479478455121512175476503545513506286231335304294805262862511121WILD ROSE LN. S AM RAYBURN M EMOR IA L H IGHWAYSAM RAYBURN MEMOR IAL H IGHWAY PECAN HOLLOW CIRCLEPECAN HOLLOW CIRCLE47551210672862COL L IN COUNTY ADVEN TURE C AMP S AM R A Y BURN M EMOR IA L H IGHWAY42428621220 SISTER GROVE CREEK2862LA PALOMA DRIVEHIGHVIEW LANE2772844194194244294271106WILDWOOD TRAIL HURRICANE CREEK CIR. COTTON W O O DC.R. 915C.R. 916CONWAYQUAIL C R E E K R U N TW I N C R E E K C I R C L E TWIN CREEK CIRCLE EASTON STREET FIRST ST.EIGHT STREETWHITE STREET (F.M. 455)SMITH STREET WORTHAM ST. EASTON STREET SIXTH STREETRIGGINS STREET SOUTHERN PACIFIC RAILROADSHERLEY AVENUE FOURTH STREETBUTLERASHLEY LANE THOUSAND OAKS DRIVE 41842336837637642742637237337337137075455455PIN OAK TRAILMANDARIN WAYHICKORY TRAILHAWTHORNE RD. SYCAMORE ST.OAK HOLLOW LANE POST OAK TRAIL ASH STREET CHERRY LN.ELM STREETCHESTNUT STREETWILLOW WAYCRESTWOOD DRIVEWESTGATE COURTWESTWOOD COURTBEN'S DRIVE HAZEL'S WAY WESTFIELD DRIVE PENTON LINNS DR.HILLTOP DRIVE STANLEY FALLS DRIVE NI A G AR A F A L L S D R I V E VICTORIA FALLS DRIVE RHYMERS GLEN DR.KAIE TEUR DRIVE TANUR CASCADE DRIVESTATE HIGHWAY NO. 5MEADOW RIDGE DRIVEMEADOW LARK LANESKYVIEW DRIVE MEADOW GLEN ROAD MEADOW VIEW LANEHILLTOP DRIVEHILLSIDE DRIVEWILEY FARMCREEKSIDE DRIVE CR E E K V I E W D R I V E CREEKVIEW DRIVE WYATT EARPBUFFALO BILL DOC HOLLIDAY BAT MASTERSON ANNIE OAKLEY BUTCH CASSIDY BAMBOO DRIVEWILLOW CREE K ALDER DRIVESEQUOIA DRIVEDOGWOOD DRIVE MIMOSA DRIVE MAHOGANY DRIVEACACIA DRIVEPOST OAK TRAIL LIVE OAK DRIVEWHITE OAK ROADBLACK OAK COURTRED OAK TRAILWATER OAK WAY RED PINE RD. NIAGRA FALLS DRIVE STANLEY FALLS DRIVE ATHABASCA FALLS DRIVEHANAKOA FALLS DRIVEHELMOKEN DRIVE FALLSWALNUT WAYBLACK MAPLE D R I V E BLAC K W I L L O W T R A I L WHITE PINE TRAILBIRCH WOOD ROADSABLE WOOD DRIVECEDAR WOOD TRAILPLANTATION DRIVE O'HARACHARLESTON DRIVEMELANIE DRIVE RHETT ROADMARGARET LANE MITCHELL LANE SCARLET VIEWMAGNOLIA ST.BONNIE CT.BELLE WILKES CT.EIGHT STREETSEVENTH STREETRIGGINS STREET INTERURBAN STREET LOCKHURST DR. ACKLINGTON DR.GRANGEWOOD DR.DURHAM DR.AINSWORTH DR.HONEYWELL DR.BIRDBROOK DR. MELBOURNE DR. POWELL PARKWAY (S.H. 5)COUNTY RD. 371OLIVIA LN.ASHLEY LANE MEADOW DRIVEBRYANT FARM ROADSPRUCE STREETCYPRESS WAYCEDAR TRAILPINE KNOLL WAYMAPLE WOOD TR. OAK CIRCLE TENNYSON STREETORIOLE DRIVEMILL STREETPERKINS CTGRANDVIEW AVENUE LAMONT ROADNASH CTPHILLIPS STREET RANCHVIEW DRIVE DUMAS DRIVEELAM DRIVEAXTON AVENUE VERNON STREETBELFORD STREET SOUTHBELFORD STREET NORTHCARLYLE STREETURBAN WAYCROSSING DRIVECROSSING DRIVEWHITE STREET (F.M. 455)ACACIA DRIVEWHITE STREET (F.M. 455)PARKVIEW DR.JONES CIR.NORMAN CIR.HURRICANE CREEK LN.CENTRAL E X P R E S S W A Y ( U . S . 7 5 )TAYLOR BLVDFERGUSON PARKWAY WHITE STREET (F.M. 455)EDWARDS STREETPOWELL PARKWAY (S.H. 5)75THIRD STREETPOWELL PARKWAY (S.H. 5) JAMES DRIVE HARPER DR. AMORET CIRCLEAVIS CIRCLEHACKBERRY LANE2862RIGGINS STREET POWELL PARKWAY (S.H. 5)SEVENTH STREETFIFTH STREETLUSCOMBE LANEBURL LANECAROL LANELESLIE LANEPECAN GROVE DRIVE FLOWER LN.PECAN GROVE DRIVEEAST FOSTER CROSSING ROADEAST FOSTER CROSSING ROADWEST FOSTER CROSSING ROADWEST FOSTER CROSSING ROADWHITE STREET (F.M. 455)INTERURBAN STREET SECOND STREETSABLE WOOD DRIVEMULBERRY DRIVEREDBUD DRIVESWEET GUM DRIVESWEET GUM DR.MES Q U I T E L A N E BELFORD STREET STRATFORD ST.FOSTER LN . SALISBURY DR. DRAYTON DRIVE PAGODA DRIVE BONSAI DRIVE WEST CROSSING BOULEVARD HACKBERRY LN.ROCHDALE DR.LANGFORD CT.FULBOURNE DR.HONEYWELL DR.ANDREWS CT.CHATSWORTH DRIVEKELVINGTON DRIVECALDER CT.OLIVE LANEPERSIMMON DRIVEEASTBROOK DRIVE BAMBOROUGH DRIVE 422ROSAMOND PARKWAYFARM TO MARKET HIGHWAY NUMBER 2862ANTHONY DR.FERN STREET4253695POWELL PARKWAY (S.H. 5)ROSAMOND PARKWAYCHALK ROADWHITE ROCK INDIAN CREEKGROVECIR .ELM GROVERODEO DRIVEWEST CHALK ROADBOULEVARD POWELL PAR K W A Y ( S . H . 5 ) O A K R O S E W A Y MAPLE Q U A I LROSE WAYBOULEVARDWEST CROSSING WEST CROSSING COLLIN COUNTY OUTER LOOPCOLLIN COUNTY OUTER LOOPCOLLIN COUNTYADVENTURE CAMPCOLLIN COUNTY OUTER LOOP2862SANDALWOOD LANE CHERRY HILL DRIVE ROCKRIDGE TR.SHERWOOD DRIVE BRIDGEPORT DR.BEAR CREEK DR.CANDLEWOODDR.HACKBERRY LN.C.R. 1036RABBIT RUNROAD RUNNERRED FOX WASTE WATERTREATMENTFACILITYCITY LIMITS LINE286423FOXTAIL DRBANKHURST DR FULBOURNE DRKINGSTON CTNORWOODDR 1129 1125 1121 1117 1113 1109 1105 1133 1137 1145 1101 1141 1128 1124 1120 1116 1112 1108 1104 1132 1136 1144 1100 1140 1129 1125 1121 1117 1113 1109 1105 1133 1137 1145 1101 1141 1128 1124 1120 1116 1112 1108 1132 1136 1144 1140 1129 1125 1121 1119 1117 1113 1111 1133 1137 1145 110 5 1141 1128 1124 1120 1116 1112 1108 11 0 4 1132 1136 1144 11 0 0 114020520930931310310720121321722131 7 3211111148 11 0 2 110 6 1110 1114 1103 1107 301305IRRIGAT ION METERIRRIGATION METER3131032862290114411311120 1108 PROPOSED RESIDENTIAL HACKBERRY DRIVECRESCENT VIEW DR.CROSSVINE DR.COPPER SWITCH DR.RYEDALE LN.FERGUSON PARKWAYAVERY POINTE DR.TIMBERFALLS DR.CEDAR CANYON DR.DEERFIELD DR.2212252271314 1310 1306 1302 1214 1210 1206 12 0 2 1413 1409 1405 1413 1409 1405 14011401 1318 1322 1326 1330 1334 1314 1310 1306 1302 1318 1322 1326 1330 1334 1214 1210 1203 1207 1211 1301 1338 1400 1404 1408 1412 1305 1309 1313 1317 1321 1325 1329 1333 1400 1404 1408 1412 1416 1301 1305 1309 1313 1317 1321 1325 1329 1219 1215 1211 1207 3013053091333 1404 1408 1412 300304308312316320324224220232228240236WATERTON DR.IRRIGATION METER ADDRESS225751818 1810 1802 1806 1814 400SHARP ST.NU E H O F F D R I V E NUEHOFF CIR.BROOKLYN DRIVEEVELYN CIR.FINLEYTHAYNE DR. ASKEW CIR.WARNER DRIVEMASTON DR. WILSON CIR.BURGERT DR.H A V EN D R .SHARP STREET52923ELECTRICAL SERVICEELECTRICAL SERVICE14331224 AVERY POINTE WELL822AMENITY CENTER 906SUDDENLINK POWER SUPPLYELM GROVE318SUDDENLINK POWER SUPPLY633IRRIGAT ION METER 1510 7-111107 308 ENTRY FEATURE413ELECTRICAL METER325ELECTRICAL METER512 LIFT STATIONNatural SpringsParkPARK AVE.FALL CT.CYRUS ST.TRISTON ST.TEAL ST.2605 2609 KFC/TACO BELLRICE XPRESS 2606 WALMART GAS PUMPS 207 211 215 203 212 208 216 224 23 2 220 23 6 228 24 0 24 4 248 252 256 260 26 4 225 229 227 231233 237 243251 257 261 259 26 3 26 7 207 211 215 203 219 223 231 235 239 206 210 214 202 218 222 230 234 238 226 242 246 250 256 258 128 124 120 232523292321 2405240924012415241924112425242924212333240 7 24 0 2 240 6 24 1 0 2414 2418 241 1 24 1 5 2419242223302334240224062410241424181911Temporary Batch P lan t AnnaCrossing 4A .2412ELEMENTARY NO . 3 1812 Temporary elec trica l AGENDA Regular City Council Meeting Tuesday, October 25, 2016 @ 7:30 PM Anna City Hall, Council Chambers 111 N. Powell Parkway, Anna, Texas 75409 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, pl ease 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. Ci ti zens are allowed three minutes to speak. The Counci l 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 inqui ry. 4.Receive reports from Staff or the City Council about items of community interest. Items of community interest i nclude: expressions of thanks, congratul ations, or condol ence; information regarding holi day schedules; an honorary or salutary recogni ti on of a public offi cial, public empl oyee, or other citizen (but not incl uding a change in status of a person's publ ic office or publ ic employment); a remi nder 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 schedul ed to be attended by a member of the governi ng body or an official or employee of the muni cipality; and announcements i nvolving an imminent threat to the public health and safety of people in the munici pality that has arisen after the posting of the agenda. 5.Consent Items. These items consist of non-controversi al or "housekeeping" items requi red by law. Items may be considered i ndivi dually by any Counci l member making such request prior to a motion and vote on the Consent Items. a.Approve Council meeting minutes f rom October 11, 2016. (Carrie Smith) a b.Authorize the City Manager to solicit bids for the Sherley Above Ground Storage Tank Rehabilitation Project. (Joseph Johnson) a c.Authorize the City Manager to solicit bids for the Water Disinfection System Upgrades. (Joseph Johnson) a d.Ordinance approving the 2016 Tax Roll (City Manager) a e.Resolution approving a preliminary plat of Anna Crossing Phase 11. (Maurice Schwanke) a 6.Conduct a Public Hearing and take Action on an Ordinance changing the zoning district designation from Single Family Estates (SF-E) to Restricted Commercial (C-1) on Lots 1, 2, and 3 of the Sister Grove Estates Addition. (Maurice Schwanke) a 7.Consider/Discuss/Action regarding a Resolution authorizing the City Manager to execute an Interlocal Agreement between Collin County and the City of Anna regarding the construction of trails at Natural Springs Park. (Maurice Schwanke) a 8.Consider/Discuss/Action regarding an Ordinance replacing Ordinance No. 343- 2007 authorizing the Anna Fire Department to charge the cost of certain emergency and rescue services within the response area of the Anna Fire Department. (Chief Gothard) a 9.Consider/Discuss/Action regarding a Resolution approving the Collin County Hazard Mitigation Action Plan, September 2016. (Chief Gothard) a 10.Consider/Discuss/Action regarding a Resolution finding a public necessity and authorizing the City Staf f to use lawf ul means, including negotiations and if necessary proceedings in eminent domain, to acquire an easement on private property owned by Testamentary Trust c/o Addison Wilson III. (Joseph Johnson) a 11.Consider/Discuss/Action regarding a Resolution authorizing the City Manager to execute an amendment to an engineering task order with Birkhof f , Hendricks and Carter, LLP f or the Pecan Grove Water Line Project. (Joseph Johnson) a 12.Consider/Discuss/Action regarding an Ordinance amending Part I I (General Ordinances), Article 29 (General Of f enses), Section 4 (Discharge Of Firearms) of the Anna City Code of Ordinances. (City Mananger) a 13.CLOSED SESSI ON (EXECEPTIONS) Under Tex. Gov't Code Chapter 551, the City Counci l may enter into closed session to discuss any items listed or referenced on this agenda under the fol lowing exceptions: a.Discuss or deliberate personnel matters (Tex. Gov’t Code §551.074); City Manager annual review. a b.Consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov’t Code §551.071) a The Council f urther 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. 14.Consider/Discuss/Action on any items listed on any agenda—work session, regular meeting, or closed session—that is duly posted by the City of Anna f or any City Council meeting occurring on the same date as the meeting noticed in this agenda. 15.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 bulletin board. Posted on this 21st day of October 2016 at or before 5:00 p.m.. ___________________________________ 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 exec utive session c oncerning any of the items listed on this agenda, whenever it is considered nec essary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistanc e should c ontact the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements c an be made. Item No. 5.a. City Council Agenda Staff Report Meeting Date: 10/25/2016 AGENDA IT EM : Approve Council meeting minutes from October 11, 2016. (Carrie Smith) SUM MARY: STAFF RECOM M ENDAT ION: AT TACHMENT S: Description Upload Date Type Proposed Minutes 10/20/2016 Exhibit Item No. 5.b. City Council Agenda Staff Report Meeting Date: 10/25/2016 AGENDA IT EM : Authorize the City Manager to solicit bids for the Sherley Above Ground Storage Tank Rehabilitation Project. (Joseph Johnson) SUM MARY: In a recent inspection, the 100,000-gallon ground storage tank at the Sherley Pump Station was found to be deficient in several areas. The Sherley Above Ground Storage Tank Rehabilitation Project would include piping upgrades, welding, metal repairs, hatch replacement and new interior and exterior coatings. The project is expected to cost $109,000. Funds are available f or this project in the amount of $113,685.26 using contract revenue bond funds from the Texas Water Development Board that Greater Texoma Utility Authority is holding on the City of Anna’s behalf. STAFF RECOM M ENDAT ION: Staff recommends approval of this item authorizing the City Manager to solicit bids f or the Sherley Above Ground Storage Tank Rehabilitation Project. Item No. 5.c. City Council Agenda Staff Report Meeting Date: 10/25/2016 AGENDA IT EM : Authorize the City Manager to solicit bids for the Water Disinfection System Upgrades. (Joseph Johnson) SUM MARY: The Water Disinfection System Upgrades project provides the infrastructure necessary to replace free chlorination as our disinfection process with a process called chloramination which is a blend of chlorine and liquid ammonium solution. This method of disinfection reduces chlorine odor, results in a more stable and manageable disinfection process, and reduces disinfection byproducts that could cause noncompliance with drinking water regulations. The project is expected to cost $450,000. Funds are available for this project in the 2014 Certificate of Obligation. STAFF RECOM M ENDAT ION: Staff recommends approval of this item authorizing the City Manager to solicit bids for the Water Distribution Disinfection System Upgrades. Item No. 5.d. City Council Agenda Staff Report Meeting Date: 10/25/2016 AGENDA IT EM : Ordinance approving the 2016 Tax Roll (City Manager) SUM MARY: The Collin County Tax Assessor Collector recently submitted the Tax Roll summary f or the City of Anna. The report f rom the county is attached. Texas Property Tax Code, Section 26.09, requires the City to pass an ordinance approving the 2015 Tax Roll. STAFF RECOM M ENDAT ION: Staff recommends that the City Council adopt the attached Ordinance approving the 2016 Tax Roll for the City of Anna. AT TACHMENT S: Description Upload Date Type Tax Roll Ordinance 10/18/2016 Ordinance Exhibit 1, 2016 Tax Roll Summary 10/18/2016 Exhibit Item No. 5.e. City Council Agenda Staff Report Meeting Date: 10/25/2016 AGENDA IT EM : Resolution approving a preliminary plat of Anna Crossing Phase 11. (Maurice Schwanke) SUM MARY: Anna Town Center No 2/BRTO Ltd. has submitted an application f or approval of a preliminary plat of Anna Crossing, Phase 11. The preliminary plat includes a 9.42 acre lot that will be developed by Palladium USA as a multi-f amily development. Right-of-way dedications for extensions of Finley Blvd., Leonard Ave., and an unnamed 4-lane collector street are shown and will be required in connection with the development of the Palladium property (Lot 1, Block A). Remainder Tracts A, B, and C are shown f or ref erence purposes only and are not being proposed for development with this preliminary plat. The current zoning for the property is a Planned Development that allows for a mixture of multi- family and commercial uses. The multifamily lot is where the Palladium apartment complex is contemplated. On October 3, 2016, the Planning and Zoning Commission voted to recommend that the City Council approve this preliminary plat. STAFF RECOM M ENDAT ION: Staff recommends approval of the attached Resolution and preliminary plat. AT TACHMENT S: Description Upload Date Type Location Map 10/19/2016 Backup Material Resolution 10/20/2016 Resolution Exhibit 1, Anna Crossing PH 11 10/19/2016 Exhibit Item No. 6. City Council Agenda Staff Report Meeting Date: 10/25/2016 AGENDA IT EM : Conduct a Public Hearing and take Action on an Ordinance changing the zoning district designation f rom Single Family Estates (SF-E) to Restricted Commercial (C-1) on Lots 1, 2, and 3 of the Sister Grove Estates Addition. (Maurice Schwanke) SUM MARY: The owner of lots 1, 2 and 3 of the Sister Grove Estates addition is requesting that the City Council change the current zoning from SF-E (Single Family-Estate) to C-1 (Restricted Commercial). The land is approximately 4.053 acres. This zoning change would be consistent with the future land use map as illustrated in the City’s Comprehensive Plan, however, the current uses of the surrounding properties are residential and agricultural. The applicant has not identified a specific development plan f or the property. Seven (7) notices were sent to the owners of property within 200 f eet of the subject tract. I n addition to the applicant, one (1) other property responded in f avor and three (3) property owners spoke in opposition at the public hearing before Planning and Zoning Commission. The Planning and Zoning Commission voted to recommend that the City Council deny this request. A three-fourths vote of the City Council is required to overrule the Planning and Zoning Commission’s recommendation to deny the request. STAFF RECOM M ENDAT ION: Staff has determined that commercial uses on this property in its current context with the surrounding single f amily homes, and without the appropriate infrastructure (water and sewer service), may not be appropriate and may be premature at this time. Staff is not recommending that the current zoning be changed. AT TACHMENT S: Description Upload Date Type Location Map 10/19/2016 Backup Material Property owner responses and comments 10/20/2016 Backup Material Proposed Ordinance 10/19/2016 Ordinance Exlhibit A - Legal Description 10/19/2016 Exhibit Item No. 7. City Council Agenda Staff Report Meeting Date: 10/25/2016 AGENDA IT EM : Consider/Discuss/Action regarding a Resolution authorizing the City Manager to execute an I nterlocal Agreement between Collin County and the City of Anna regarding the construction of trails at Natural Springs Park. (Maurice Schwanke) SUM MARY: The City has received a matching grant f or trail construction at a project cost of $45,000 at Natural Springs Park. The funds will be f rom the Collin County Parks and Open Space Project Funding Assistance Program. The trails to be constructed would be to tie into the sidewalk being constructed along West White Street on both sides of the existing pond. The City has several options for the local match such as the value of existing owned land, f unds used f or pond dredging, or Park Trust Funds. The approval of the I nterlocal Agreement with Collin County and the signing by both the City and County are required prior to beginning the project. STAFF RECOM M ENDAT ION: Approval of the Resolution AT TACHMENT S: Description Upload Date Type Resolution approving ILA with Collin County 10/14/2016 Resolution Exhibit 1, ILA 10/14/2016 Exhibit Item No. 8. City Council Agenda Staff Report Meeting Date: 10/25/2016 AGENDA IT EM : Consider/Discuss/Action regarding an Ordinance replacing Ordinance No. 343-2007 authorizing the Anna Fire Department to charge the cost of certain emergency and rescue services within the response area of the Anna Fire Department. (Chief Gothard) SUM MARY: In 2007 the City Council approved an ordinance that established a revenue recovery program that allows the Fire Department to recover a portion of the cost of responding to certain prolonged events such as motor vehicle accidents, hazardous materials spills, etc. I n many cases, persons or entities requiring emergency service resulting from a major incident have insurance coverage that will partially reimburse the City f or costs associated with the use, loss, damage and wear and tear to the tools, equipment and materials used in connection with rendering emergency services. Residents of the City of Anna, receiving emergency services rendered by the Anna Fire Department are exempt f rom the service charges and revenue recovery plan provided for in the Ordinance. Calls for service at single family structure fires within the Anna city limits, and first responder/medical assist calls to a residence (not involving a motor vehicle) within the Anna city limits are also exempt f rom the service charges. Any commercially owned, operated, or zoned property is not exempt. Earlier this year, Revenue Rescue, the company that had previously been approved for billing for services, went out of business. While researching companies that could replace Revenue Rescue, Staff reviewed the 2007 Ordinance and is recommending that a couple of issue be addressed in a revised Ordinance. 1. The revised Ordinance replaces language that ref erred to the Anna Volunteer Fire Department with the Anna Fire Department. 2. While most of the fees will remain the same as previously approved in the 2007 ordinance, the revised Ordinance adopts a new fee schedule with a f ew changes. (the 2007 Ordi nance and fee schedul e i s provi ded with thi s staff report for comparati ve purposes) The general exemptions for Anna residents remain the same. STAFF RECOM M ENDAT ION: Staff recommends approval of this revised Ordinance. AT TACHMENT S: Description Upload Date Type Fire department cost recovery ordinance 10/18/2016 Ordinance Exhibit A, Fee Schedule 10/18/2016 Exhibit Original Ord. No. 343-2007 10/18/2016 Backup Material Item No. 9. City Council Agenda Staff Report Meeting Date: 10/25/2016 AGENDA IT EM : Consider/Discuss/Action regarding a Resolution approving the Collin County Hazard Mitigation Action Plan, September 2016. (Chief Gothard) SUM MARY: In 2011, Collin County, in cooperation with six other local government jurisdictions, adopted a Hazard Mitigation Action Plan. The Plan complies with the federal Disaster Mitigation Act (DMA 2000) and makes the participating entities eligible to apply for federal aid, technical assistance, and post-disaster hazard mitigation project funding. The 2016 Hazard Mitigation Plan is an update of the original 2011 Plan that included the participation of Collin County, and nineteen cities (including Anna). Emergency Management representatives from the participating agencies started meeting in 2014 to identify and prioritize risk factors throughout the county and the nineteen participating cities. Once identif ied and prioritized, preventative measures were discussed that would mitigate these risk. The implementation of this Plan will make Collin County more disaster-ready and resilient. The 2016 Plan has been approved by the North Central Texas Council of Governments (NCTCOG) pending adoption by FEMA. I n order f or the Plan to receive Final FEMA approval, each participating jurisdiction must pass a resolution adopting the Plan. Use the following link to view the full Plan: 2016 Hazard Mitigation Plan STAFF RECOM M ENDAT ION: Cheif Gothard worked with the County’s planning team on this Plan. Staf f recommends approval of the attached Resolution. AT TACHMENT S: Description Upload Date Type Resolution 10/20/2016 Resolution Item No. 10. City Council Agenda Staff Report Meeting Date: 10/25/2016 AGENDA IT EM : Consider/Discuss/Action regarding a Resolution f inding a public necessity and authorizing the City Staf f to use lawful means, including negotiations and if necessary proceedings in eminent domain, to acquire an easement on private property owned by Testamentary Trust c/o Addison W ilson I I I . (Joseph Johnson) SUM MARY: The City is working on the design and construction of a new water main line that is necessary to accommodate the current and future growth of our city. The water line will run parallel to Foster Crossing Road between Pecan Grove Dr. and the DART rail road just east of SH 5 (Powell Parkway). In order to construct this water line, the City will need to acquire an easement across property owned by Testamentary Trust c/o Addison Wilson I I I . The attached resolution authorizes Staff to negotiate, and, if necessary, initiate the use of eminent domain to acquire the needed easement. STAFF RECOM M ENDAT ION: Staff recommends approval of the attached Resolution. A motion to approve the resolution should be made precisely as f ollows as prescribed by law: “I move that the City of Anna, Texas authorize the use of the power of eminent domain to acquire 0.038 acres of land, more or less, f or a permanent water line easement, and 0.038 acres of land, more or less, for a temporary construction easement, said tracts located in the R. C. Ingraham Survey, Abstract No. 464, and the G. Stark Survey, Abstract No. 798, Collin County, Texas, and being over, under and across a called 25.08 acre tract of land conveyed to Testamentary Trust c/o Addison W ilson I I I by deed recorded in Document Number 20091215001497350 of the Deed Records of Collin County, Texas (D.R.C.C.T.), said 0.038 acres and 0.038 acres being more particularly described by the metes and bounds description set f orth in Exhibit “A” to this resolution, which I incorporate in f ull into my motion.” AT TACHMENT S: Description Upload Date Type Testamentary Trust Resolution 10/17/2016 Resolution Exhibit A 10/3/2016 Exhibit Item No. 11. City Council Agenda Staff Report Meeting Date: 10/25/2016 AGENDA IT EM : Consider/Discuss/Action regarding a Resolution authorizing the City Manager to execute an amendment to an engineering task order with Birkhof f , Hendricks and Carter, LLP for the Pecan Grove Water Line Project. (Joseph Johnson) SUM MARY: Council has previously approved an engineering task order with Birkhoff, Hendricks and Carter, LLP f or the design of the Pecan Grove Water Line Project (now called Foster Crossing Water Line) between SH 5 and Pecan Grove. The amendment to the task order provides for additional design services needed to potentially extend the line f urther west to connect to a f uture line on US 75 that is proposed as part of another project. The extension would add an additional critical loop in the water system. The additional segment would be bid as an alternate bid item in the current project. The amendment provides for additional design, bidding and contract administration services for the project. The engineering consulting f ee covering Basic Services (Parts I -I I I ) for the project is for the lump sum amount of $42,750.00 and the additional services (Part I V - A, B and C) is for the amount of $26,250.00 f or a total not-to-exceed amount of $69,000.00. Funds are available f or this project in the 2012 Certificate of Obligation fund balance. STAFF RECOM M ENDAT ION: Staff recommends approval of the attached Resolution which authorizes the City Manager to execute an amendment to an engineering task order with Birkhof f , Hendricks and Carter, LLP for the Pecan Grove Water Line Project. AT TACHMENT S: Description Upload Date Type Resolution 10/13/2016 Resolution Exhibit 1, Task Authorization Amendment 10/13/2016 Exhibit Item No. 12. City Council Agenda Staff Report Meeting Date: 10/25/2016 AGENDA IT EM : Consider/Discuss/Action regarding an Ordinance amending Part I I (General Ordinances), Article 29 (General Offenses), Section 4 (Discharge Of Firearms) of the Anna City Code of Ordinances. (City Mananger) SUM MARY: In 2005, the City Council passed an ordinance that regulates the discharge of firearms and other weapons. The ordinance was written in an attempt to comply with State law at the time. Subject to certain exemptions, the current ordinance requires a permit to discharge a firearm inside the City limits. Permits can only be issued on tracts of land over a certain size (depending on the type of firearm) subject to certain distance requirements from a residence or occupied building. The discharge of other types of weapons (paintball, pellet gun, BB guns, air rif les, bow, etc.) is generally permitted on tracts larger than two acres. The discharge of firearms on certain tracts of land larger than ten acres that were annexed af ter 1981 are exempt f rom the prohibitions and permitting requirements in the current ordinance, subject to certain distance requirements. In late August of this year, staf f received an inquiry regarding a request for a permit to discharge a firearm at a location that is relatively close to a residential area and one of the school campuses. Although the inquiry did not result in the issuance of a permit, it is possible that a permit could have been issued based on our current Ordinance. As a result, staf f has reviewed the current ordinance. It is our view that the current ordinance is conf using, overly complex, and does not sufficiently provide for the safety of the public to the extent allowed in State law. The City Council reviewed a draft amendment to our existing regulations during their meetings on September 25 and October 11. Based on the Council’s input, Staf f has revised the draft Ordinance amendment. The current proposed amended ordinance generally prohibits the discharge of f irearms and other weapons inside the city limits subject to certain exemptions: the discharge of shot guns and pistols is generally permitted on tracts 10 acres or larger; the discharge of rif les is generally permitted on tracts 50 acres or larger; and the discharge of Other Weapons such as pellet guns, BB guns, air rifles, bows, etc., is generally permitted on tracts 2 acres or larger (similar to our current ordinance). In each case the discharge of the various types of weapons may be restricted depending on the distance f rom certain types of land uses or buildings. The amended ordinance also prohibits the discharge of f irearms within 5,000 f eet of the city limits if the discharge occurs within a certain distance of parks, schools, day care facilities, residential developments, or residential or other occupied structures located inside the city limits. The exemptions and regulations outlined in this current draf t are consistent with State law (LGC § 229.003). Under the amended ordinance, where the discharge of firearms is legal, no permits are required. A f low chart is included with this Staff Reports that uses the proposed Ordinance to answer the question “When is the Discharge or a Firearm or Other Weapon Legal?” STAFF RECOM M ENDAT ION: Staff recommends approval of the amended Ordinance. AT TACHMENT S: Description Upload Date Type Discharge of Firearms Ordinance 10/17/2016 Ordinance Clean version of discharge of f irearms regulations 10/17/2016 Backup Material W hen is the Discharge of a Firearm or Other Weapon Legal?10/17/2016 Backup Material Map of properties 10 acres or larger 10/17/2016 Backup Material TRACTS OF LAND 10 ACRES OR MORE INSIDE CITY LIMITS2513 HURSTWOOD COURT CAMILE DRIVE 2411 CONSTRUCTION FOR TXDOT1816182818041801180918291821180518 1 8 182518 171829 1800180818041812180118091706172017241841184518491853160016121616150415002217 2220 2212 2312 2320 2317 2321 2312 2301 2305 2309 2313 2317 2308 2316 2305 2329 2333 2326 2330 2334 2338 HOA1505 2740 CVS910 914 918 918 909 913 204300308322323317510 356 352 348 333 337 SLAYTER CREEK PARK204304308312402406410518522526205209312402406512309313316401509513517521906 910 914 901 419505509902 812 808 824 828 1115WATER LINE VAULT LOCATION 1426 WELLS, ELEVATED AND GROUND STORAGE 1400 WASTE WATER TREATMENT 2410 LIFT STATIONLIFT STAT ION SUDDEN L INK ELECTR IC SUPPLY 2204 2022 SUDDEN LINK ELECTRIC SUPPLY 1302 SUDDEN LINK ELECTRIC SUPPLY15161504160116051609161317171721182118001700170417081712140114051409142114201424143214281414141614002123 2127 213 1 825901905909913917921929100510131021102510292020 20242025 2029 2033 20362037 2101 2105 2109 21222118 2114 2110 2100 20202021 2024 20282029 20322033 2036 2101 2105 2113 2114 2110 2100 2024 2025 2029 2033 2036 2101 2105 2109 2113 2110 2106 20282029 20322033 2037 2105 2109 2110 2106 10161014101010061024 1020 9209169069029249281102110611141116120612101300 2101 2105 2106 2100 1101110511098172211 15001510172018121630 WARRIOR T IRE 2115 901829821825817809929917909905805801901829825809933929925913909905805801901829825817809933929917913905801830826818936934930922918914906802902830826818930922918914906802834822818814936934930922926918906806802800 804 812 816 820 700 708 712 720 721 807 703 709 713 717 721 801 809 817 821 93812011309LIFT STATION 1225 AUTO 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T POLE 1321 1002898939939631 1315 WATER METERWATER METER4245145222517 2501 2409 2406 5132506 5054194245145022313 2314 2305 2310 5095014194205105185205055173093053003123093053043093013213014094134044123214093204164012022162202242364004084122310 23142313 2301 2402 2318 2314 2414 10512512913721310410 5124214206201213233237 5094174294334414204282010 2002 2025 2126 2122 2110 2030 2006 2018 257261305313317306318401409413421433441412432505517514518526230306406414426438 44 2 40140540941341742142542943 3 20 0 1 200 5 2009 2101 2105 2109 2113 2126 2122 2118 2114 2110 2106 2100 2012 2008 2004 2101 2105 2109 2113 2117 2121 2125 2033 2029 2025 2021 2017 2009 2126 2122 2118 2114 2110 2106 21022101 2105 2109 2113 2117 2121 2125 2126 2122 2118 2114 2110 2106 21022101 2105 2109 2113 2117 2121 2125 2126 2122 2118 2114 2110 2106 21022101 2105 2109 2113 2117 2121 2125 2048 2044 2040 2036 2032 2028 20242025 2029 2033 2041 2045 2049 2037 2001 2005 2009 2013 2017 2021 2020 2016 2012 2008 2004 2000 1996 1992 1988 2048 2044 2040 2036 2032 2028 20242025 2029 2033 2037 2041 2045 2049 2001 2005 2009 2013 2017 2021 2020 2016 2012 2008 2004 2000 2048 2044 2040 2036 2032 2028 20242025 2029 2033 2037 2041 2013 2020 2016 2012 2008 2004 2000226222218214 210206202132128124120116112108104100241237233229225221217213209205201117113109105101245249253234230226238242506ELECTRIC METER FOR HOA FOUNTA IN701700724GRAHAM INTERNATIONAL715714LOVE'S TRUCKSTOPWALMARTAFFI707LIFT STATION 807ANNA RETAIL CENTER708NE CORNER804SHOPS AT ANNA PHASE 2824SHOPS AT ANNA PHASE 1SIREN LOCAT ION #2721717TRUCK TIRES820GOODY GOODY WAREHOUSE18001724GATE ELECTR IC SERV ICE 1624RT TELEPHONE CABINET301230063018300730033011301531283122314030323035 30403043 3106 3111 3116 3024 3016 3006 3032 3040 3106 3027 3037 3021 30193103 3119 3127 310 332 396 430 472 481 431 417 365 331 488 458 376416438518575 331 10541129 1125 1121 1117 1113 1109 1105 1101 1129 1125 1121 1117 1113 1109 1105 1129 1125 1121 1117 1113 1109 1105 1129 1125 1121 1117 1113 1109 1105 1126 1122 1118 1114 1110 1106 1100 1126 1122 1118 1114 1110 1106 1100 1126 1122 1118 1114 1110 1106 1100 1126 1122 1118 1114 1110 1106 1100 219223227301305309313317321401405409413417421425501505509513517521525 113011343003043083123163204004044084124164205005045085125165205246006041200 1100 500504508512516300304308312316320400404408412416420324328332424909 905 901 825 821 817 813 809 805 801 733 729 725 721 717 713 709 824 820 816 812 808 804 800 728 724 720 716 712 708 704 825 821 817 813 809 805 801 733 729 725 721 717 713 709 824 820 816 812 808 804 800 728 724 720 716 712 708 704 825 821 817 813 809 805 801 733 729 725 721 717 713 709 824 820 816 812 808 804 800 728 724 720 716 712 708 704 824 820 816 812 808 804 800 728 724 720 716 813 809 805 801 733 729 725 721 717 713 709 705 701517501505509513421413401321317313309305301229704708 71 2 821 817 813 809 805 801 733 729 725 721 717 713 70 9 824 820 816 812 808 804 800 728 724 722 720 716 901 828 905 909 913 917 921 925 929 1001 1005 1009 20921321722122522422021621220820420012412011611211311722422021621220820420012412011620921321722122520520112512111711310910510410811210022422021621220820420012412011610410811213212823 2 228209213217221225205201224220216212208204200805809 813 817 821 825 829 812 808 804 800 816 30 1 30530931331732130530931331730130030430831231630030430831231640040440841241640040440841241640140540941341740140540941341742112111711310 9 105 2012052091136 Water/elec . 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2204 2208 2117 2105 2109 2113 2121 184 4 2106 2110 21161836 180018081824181618281832182018041812184018011809182518171829182118051813180018081824181618201804181218011809182518171829182118051813183318371841170017061712171617011705170917131717172116011605160916132112 2139 161716211625704 821201TXDOT SERVICE201TXDOT SERVICE201TXDOT SERVICE1601TXDOT SERVICE183618001808182418321820181218251817181318241828182118051813 17001712171618331837183318371604160815082216 22202221 22162217 2221 2216 2220 2300 2304 2308 2301 2305 2309 2313 2316 2300 2304 2308 2316 23202321 2300 2304 2312 2320 2325 2301 2309 2313 2317 2321 2325 2337 2341 1525TRAFFIC S IGNAL ELEC SERVICE POLEGate for Slayte r C reek 917 2318530204312308304400404520408516524208200106212300508412504512205528209313401309513517509521103201107213409305301405413505529205 525401313309517509513521305301213413405409505525529708 704 700 712 716 728 720 724 732 804 800 2501SUDDEN LINK CONTROLLERCITY L IM ITS LEONARD DRIVE 701 408IRRIGATION METER HOA 217 301 306 2402240624102414241824222426250225062510251425182522252625202602260626102614240324072411241524192423250125052509 2402240624102414241824222426 24 3 0 240324072411241524192425 2403240724112415500504508512516520524528602606610614500504508512516520524528532536540544600601605607611615619604608612616620501505511517521525529533539537543618622626630529601603605240324072411241524022406241024142419ELECTRIC METER FOR ATC S IGN 110 ELECTRIC METER FOR TRA IN SIGNAL3773753133EAST FORK CIRCLE 291222935826222290289177219100529028828821621082882728582728729083037737433564554553356527528581579577578512508531525429481529584577577121505209209206500832BROOK LANE971EAST FORK TRINITY RIVER1101 NSWEAPRIL 2016CITY OF ANNA1,200'2,400'3,600'01,200'014 mi.12 mi1 mi14 mi.281METER STATIONROAD ADDRESSLIFT STAT ION HAYSLETT STREETRAILROAD CROSSING ADDRESS 601 102 1643 808 SIGN10101020220222062210221422182201220522092213221721022106211021142118210121051101 1103110211 0 0 11071111111511191203120721022101210621052110210 9 211 4 10169188127041110122213141414151616161712180818361430LIGHT 1LIGHT 2LIGHT 3LIGHT 4LIGHT 5LIGHT 6LIGHT 7LIGHT 8LIGHT 10LIGHT 11LIGHT 12LIGHT 13LIGHT 14LIGHT 915011513150915051517150215061510151415181428142414201502150615101514151816011613160916051617162116141610160616181622170117131709170517171721170217141710170617181722170117131709170517211702171417101706171817221601161316091605161716211614161016061618162216021626 16 3 0 1614161016061618162216021414 1410 1406 1402 1413 1409 1405 1401 1417 1421 1425 1310 1306 1302 1314 1310 1306 1302 2609 THROCKMORTON WATER TOWER 52 1 15191501POWER/WATER FOR LAKEVIEWMEDIAN IRR IGAT ION METERCITY LIMITSCITY L IM ITSCITY LIMITSCITY L IM ITSCITY L IM ITSCITY L IM ITSCITY L IM ITSCITY L IM ITSCITY L IM ITSCITY L IM ITSCITY L IM ITS CITY L IM ITS CITY L IM ITSCITY LIMITSCITY L IM ITS CITY LIMITSCITY LIMITSCITY LIMITSSEPHORA CT.WILD ROSE LANEWILD ROSE LANE GLENWOOD LANESHEFFIELD DRIVE BROOK LANE3633643654174731220472474472455475507509424477479478455121512175476503545513506286231335304294805262862511121WILD ROSE LN. S AM RAYBURN M EMOR IA L H IGHWAYSAM RAYBURN MEMOR IAL H IGHWAY PECAN HOLLOW CIRCLEPECAN HOLLOW CIRCLE47551210672862COL L IN COUNTY ADVEN TURE C AMP S AM R A Y BURN M EMOR IA L H IGHWAY42428621220 SISTER GROVE CREEK2862LA PALOMA DRIVEHIGHVIEW LANE2772844194194244294271106WILDWOOD TRAIL HURRICANE CREEK CIR. COTTON W O O DC.R. 915C.R. 916CONWAYQUAIL C R E E K R U N TW I N C R E E K C I R C L E TWIN CREEK CIRCLE EASTON STREET FIRST ST.EIGHT STREETWHITE STREET (F.M. 455)SMITH STREET WORTHAM ST. EASTON STREET SIXTH STREETRIGGINS STREET SOUTHERN PACIFIC RAILROADSHERLEY AVENUE FOURTH STREETBUTLERASHLEY LANE THOUSAND OAKS DRIVE 41842336837637642742637237337337137075455455PIN OAK TRAILMANDARIN WAYHICKORY TRAILHAWTHORNE RD. SYCAMORE ST.OAK HOLLOW LANE POST OAK TRAIL ASH STREET CHERRY LN.ELM STREETCHESTNUT STREETWILLOW WAYCRESTWOOD DRIVEWESTGATE COURTWESTWOOD COURTBEN'S DRIVE HAZEL'S WAY WESTFIELD DRIVE PENTON LINNS DR.HILLTOP DRIVE STANLEY FALLS DRIVE NI A G AR A F A L L S D R I V E VICTORIA FALLS DRIVE RHYMERS GLEN DR.KAIE TEUR DRIVE TANUR CASCADE DRIVESTATE HIGHWAY NO. 5MEADOW RIDGE DRIVEMEADOW LARK LANESKYVIEW DRIVE MEADOW GLEN ROAD MEADOW VIEW LANEHILLTOP DRIVEHILLSIDE DRIVEWILEY FARMCREEKSIDE DRIVE CR E E K V I E W D R I V E CREEKVIEW DRIVE WYATT EARPBUFFALO BILL DOC HOLLIDAY BAT MASTERSON ANNIE OAKLEY BUTCH CASSIDY BAMBOO DRIVEWILLOW CREE K ALDER DRIVESEQUOIA DRIVEDOGWOOD DRIVE MIMOSA DRIVE MAHOGANY DRIVEACACIA DRIVEPOST OAK TRAIL LIVE OAK DRIVEWHITE OAK ROADBLACK OAK COURTRED OAK TRAILWATER OAK WAY RED PINE RD. NIAGRA FALLS DRIVE STANLEY FALLS DRIVE ATHABASCA FALLS DRIVEHANAKOA FALLS DRIVEHELMOKEN DRIVE FALLSWALNUT WAYBLACK MAPLE D R I V E BLAC K W I L L O W T R A I L WHITE PINE TRAILBIRCH WOOD ROADSABLE WOOD DRIVECEDAR WOOD TRAILPLANTATION DRIVE O'HARACHARLESTON DRIVEMELANIE DRIVE RHETT ROADMARGARET LANE MITCHELL LANE SCARLET VIEWMAGNOLIA ST.BONNIE CT.BELLE WILKES CT.EIGHT STREETSEVENTH STREETRIGGINS STREET INTERURBAN STREET LOCKHURST DR. ACKLINGTON DR.GRANGEWOOD DR.DURHAM DR.AINSWORTH DR.HONEYWELL DR.BIRDBROOK DR. MELBOURNE DR. POWELL PARKWAY (S.H. 5)COUNTY RD. 371OLIVIA LN.ASHLEY LANE MEADOW DRIVEBRYANT FARM ROADSPRUCE STREETCYPRESS WAYCEDAR TRAILPINE KNOLL WAYMAPLE WOOD TR. OAK CIRCLE TENNYSON STREETORIOLE DRIVEMILL STREETPERKINS CTGRANDVIEW AVENUE LAMONT ROADNASH CTPHILLIPS STREET RANCHVIEW DRIVE DUMAS DRIVEELAM DRIVEAXTON AVENUE VERNON STREETBELFORD STREET SOUTHBELFORD STREET NORTHCARLYLE STREETURBAN WAYCROSSING DRIVECROSSING DRIVEWHITE STREET (F.M. 455)ACACIA DRIVEWHITE STREET (F.M. 455)PARKVIEW DR.JONES CIR.NORMAN CIR.HURRICANE CREEK LN.CENTRAL E X P R E S S W A Y ( U . S . 7 5 )TAYLOR BLVDFERGUSON PARKWAY WHITE STREET (F.M. 455)EDWARDS STREETPOWELL PARKWAY (S.H. 5)75THIRD STREETPOWELL PARKWAY (S.H. 5) JAMES DRIVE HARPER DR. AMORET CIRCLEAVIS CIRCLEHACKBERRY LANE2862RIGGINS STREET POWELL PARKWAY (S.H. 5)SEVENTH STREETFIFTH STREETLUSCOMBE LANEBURL LANECAROL LANELESLIE LANEPECAN GROVE DRIVE FLOWER LN.PECAN GROVE DRIVEEAST FOSTER CROSSING ROADEAST FOSTER CROSSING ROADWEST FOSTER CROSSING ROADWEST FOSTER CROSSING ROADWHITE STREET (F.M. 455)INTERURBAN STREET SECOND STREETSABLE WOOD DRIVEMULBERRY DRIVEREDBUD DRIVESWEET GUM DRIVESWEET GUM DR.MES Q U I T E L A N E BELFORD STREET STRATFORD ST.FOSTER LN . SALISBURY DR. DRAYTON DRIVE PAGODA DRIVE BONSAI DRIVE WEST CROSSING BOULEVARD HACKBERRY LN.ROCHDALE DR.LANGFORD CT.FULBOURNE DR.HONEYWELL DR.ANDREWS CT.CHATSWORTH DRIVEKELVINGTON DRIVECALDER CT.OLIVE LANEPERSIMMON DRIVEEASTBROOK DRIVE BAMBOROUGH DRIVE 422ROSAMOND PARKWAYFARM TO MARKET HIGHWAY NUMBER 2862ANTHONY DR.FERN STREET4253695POWELL PARKWAY (S.H. 5)ROSAMOND PARKWAYCHALK ROADWHITE ROCK INDIAN CREEKGROVECIR .ELM GROVERODEO DRIVEWEST CHALK ROADBOULEVARD POWELL PAR K W A Y ( S . H . 5 ) O A K R O S E W A Y MAPLE Q U A I LROSE WAYBOULEVARDWEST CROSSING WEST CROSSING COLLIN COUNTY OUTER LOOPCOLLIN COUNTY OUTER LOOPCOLLIN COUNTYADVENTURE CAMPCOLLIN COUNTY OUTER LOOP2862SANDALWOOD LANE CHERRY HILL DRIVE ROCKRIDGE TR.SHERWOOD DRIVE BRIDGEPORT DR.BEAR CREEK DR.CANDLEWOODDR.HACKBERRY LN.C.R. 1036RABBIT RUNROAD RUNNERRED FOX WASTE WATERTREATMENTFACILITYCITY LIMITS LINE286423FOXTAIL DRBANKHURST DR FULBOURNE DRKINGSTON CTNORWOODDR 1129 1125 1121 1117 1113 1109 1105 1133 1137 1145 1101 1141 1128 1124 1120 1116 1112 1108 1104 1132 1136 1144 1100 1140 1129 1125 1121 1117 1113 1109 1105 1133 1137 1145 1101 1141 1128 1124 1120 1116 1112 1108 1132 1136 1144 1140 1129 1125 1121 1119 1117 1113 1111 1133 1137 1145 110 5 1141 1128 1124 1120 1116 1112 1108 11 0 4 1132 1136 1144 11 0 0 114020520930931310310720121321722131 7 3211111148 11 0 2 110 6 1110 1114 1103 1107 301305IRRIGAT ION METERIRRIGATION METER3131032862290114411311120 1108 PROPOSED RESIDENTIAL HACKBERRY DRIVECRESCENT VIEW DR.CROSSVINE DR.COPPER SWITCH DR.RYEDALE LN.FERGUSON PARKWAYAVERY POINTE DR.TIMBERFALLS DR.CEDAR CANYON DR.DEERFIELD DR.2212252271314 1310 1306 1302 1214 1210 1206 12 0 2 1413 1409 1405 1413 1409 1405 14011401 1318 1322 1326 1330 1334 1314 1310 1306 1302 1318 1322 1326 1330 1334 1214 1210 1203 1207 1211 1301 1338 1400 1404 1408 1412 1305 1309 1313 1317 1321 1325 1329 1333 1400 1404 1408 1412 1416 1301 1305 1309 1313 1317 1321 1325 1329 1219 1215 1211 1207 3013053091333 1404 1408 1412 300304308312316320324224220232228240236WATERTON DR.IRRIGATION METER ADDRESS225751818 1810 1802 1806 1814 400SHARP ST.NU E H O F F D R I V E NUEHOFF CIR.BROOKLYN DRIVEEVELYN CIR.FINLEYTHAYNE DR. ASKEW CIR.WARNER DRIVEMASTON DR. WILSON CIR.BURGERT DR.H A V EN D R .SHARP STREET52923ELECTRICAL SERVICEELECTRICAL SERVICE14331224 AVERY POINTE WELL822AMENITY CENTER 906SUDDENLINK POWER SUPPLYELM GROVE318SUDDENLINK POWER SUPPLY633IRRIGAT ION METER 1510 7-111107 308 ENTRY FEATURE413ELECTRICAL METER325ELECTRICAL METER512 LIFT STATIONNatural SpringsParkPARK AVE.FALL CT.CYRUS ST.TRISTON ST.TEAL ST.2605 2609 KFC/TACO BELLRICE XPRESS 2606 WALMART GAS PUMPS 207 211 215 203 212 208 216 224 23 2 220 23 6 228 24 0 24 4 248 252 256 260 26 4 225 229 227 231233 237 243251 257 261 259 26 3 26 7 207 211 215 203 219 223 231 235 239 206 210 214 202 218 222 230 234 238 226 242 246 250 256 258 128 124 120 232523292321 2405240924012415241924112425242924212333240 7 24 0 2 240 6 24 1 0 2414 2418 241 1 24 1 5 2419242223302334240224062410241424181911Temporary Batch P lan t AnnaCrossing 4A .2412ELEMENTARY NO . 3 1812 Temporary elec trica l A Y{OUR} HOMETOWN AGENDA Regular City Council Meeting Tuesday, October 25, 2016 @ 7:30 PM Anna City Hall, Council Chambers 111 N. Powell Parkway, Anna, Texas 75409 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 tum 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. 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. 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 Council meeting minutes from October 11, 2016. (Carrie Smith) b. Authorize the City Manager to solicit bids for the Sherley Above Ground Storage Tank Rehabilitation Project. (Joseph Johnson) c. Authorize the City Manager to solicit bids for the Water Disinfection System Upgrades. (Joseph Johnson) d. Ordinance approving the 2016 Tax Roll (City Manager) e. Resolution approving a preliminary plat of Anna Crossing Phase 11. (Maurice Schwanke) 6. Conduct a Public Hearing and take Action on an Ordinance changing the zoning district designation from Single Family Estates (SF-E) to Restricted Commercial (C-1) on Lots 1, 2, and 3 of the Sister Grove Estates Addition. (Maurice Schwanke) 7. Consider/Discuss/Action regarding a Resolution authorizing the City Manager to execute an Interlocal Agreement between Collin County and the City of Anna regarding the construction of trails at Natural Springs Park. (Maurice Schwanke) 8. Consider/Discuss/Action regarding an Ordinance replacing Ordinance No. 343- 2007 authorizing the Anna Fire Department to charge the cost of certain emergency and rescue services within the response area of the Anna Fire Department. (Chief Gothard ) 9. Consider/Discuss/Action regarding a Resolution approving the Collin County Hazard Mitigation Action Plan, September 2016. (Chief Gothard) 10. Consider/Discuss/Action regarding a Resolution finding a public necessity and authorizing the City Staff to use lawful means, including negotiations and if necessary proceedings in eminent domain, to acquire an easement on private property owned by Testamentary Trust c/o Addison Wilson 111. (Joseph Johnson) 11. Consider/Discuss/Action regarding a Resolution authorizing the City Manager to execute an amendment to an engineering task order with Birkhoff, Hendricks and Carter, LLP for the Pecan Grove Water Line Project. (Joseph Johnson) 12. Consider/Discuss/Action regarding an Ordinance amending Part II (General Ordinances), Article 29 (General Offenses), Section 4 (Discharge Of Firearms) of the Anna City Code of Ordinances. (City Mananger) 13. CLOSED SESSION (EXECEPTIONS) 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 (Tex. Gov't Code §551.074); City Manager annual review. b. Consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071) 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. 14. Consider/Discuss/Action on any items listed on any agenda —work session, regular meeting, or closed session —that is duly posted by the City of Anna for any City Council meeting occurring on the same date as the meeting noticed in this agenda. 15. 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 bulletin board. Posted on this 21 st day of October 2016 at or before 5:00 p.m.. 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. Item No. 5.a. City Council Agenda Staff Report Meeting Date: 10/25/2016 YOUR) HOMETOWN AGENDAITEM: Approve Council meeting minutes from October 11, 2016. (Carrie Smith) SUMMARY: STAFF RECOMMENDATION: ATTACHMENTS: Description Upload Date Type Proposea minutes 10/20/2016 Exhibit ANNA CITY COUNCIL MINUTES REGULAR SESSION October 11, 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. Deputy Mayor Pro Tern Bryan called the meeting to order at 7:34 p.m. Mayor Crist and Mayor Pro Tern Beazley were absent. 2. Invocation and Pledge of Allegiance. Deputy Mayor Pro Tern Bryan 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. No comments. 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. a. Recognition of outgoing board members. Item was tabled to November 8, 2016 meeting. October 11, 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. Items f. and g. were removed from consent agenda. a. Approve Minutes for the September 27th Council Meeting. b. Review Planning and Zoning Commission Minutes c. Review Park Board Minutes d. Review minutes from July 7, 2016 and August 4, 2016 meetings of the Anna Economic Development Corporation. e. Review minutes from July 7, 2016 and August 4, 2016 of the Anna Community Development Corporation. MOTION: Council Member Martinez moved to approve consent items a, b, c, d and e. Council Member Burr seconded. Motion Passed 5-0 f. Resolution approving a sponsorship agreement between the Anna Economic Development Corporation and the Greater Anna Chamber of Commerce. (Jessica Perkins) Item f. was removed from consent agenda. RESOLUTION NO. 2016-10-232 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS APPROVING THE ANNA ECONOMIC DEVELOPMENT CORPORATION'S (EDC) 2016 CALENDAR YEAR SPONSORSHIP AGREEMENT WITH THE GREATER ANNA CHAMBER OF COMMERCE (GACC). MOTION: Council Member Martinez moved to approve. Council Member Burr seconded. Motion Passed 5-0 g. Resolution approving a sponsorship agreement between the Anna Community Development Corporation and the Greater Anna Chamber of Commerce. (Jessica Perkins) Item g. was removed from the consent agenda. RESOLUTION NO. 2016-10-233 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS APPROVING THE ANNA COMMUNITY DEVELOPMENT CORPORATION'S (EDC) 2016 CALENDAR YEAR SPONSORSHIP AGREEMENT WITH THE GREATER ANNA CHAMBER OF COMMERCE (GACC). October 11, 2016 2 CC Regular Session Minutes MOTION: Council Member Martinez moved to approve. Council Member Burr seconded. Motion Passed 5-0 6. Consider/Discuss/Action on a Resolution approving a line of credit project between the Anna Community Development Corporation Revolving Loan Fund program and Simply Floor It, LLC. (Jessica Perkins) RESOLUTION NO. 2016-10-234 A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE ANNA COMMUNITY DEVELOPMENT CORPORATION TO PROMOTE NEW OR EXPANDED BUSINESS DEVELOPMENT, AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE PROJECT, AND AUTHORIZING THE EXECUTION OF A LINE OF CREDIT MOTION: Council Member Pelham moved to approve. Council Member Burr seconded. Motion Passed 5-0 7. Consider/Discuss/Action regarding an Ordinance adopting the 2015 Edition of the International Building, 2015 Edition of the International Residential Code, 2015 Edition of the International Energy Conservation Code, 2015 Edition of the International Fire Code, 2015 Edition of the International Fuel Gas Code, 2015 Edition of the International Mechanical Code, 2015 Edition of the International Plumbing Code, 2014 Edition of the National Electrical Code; and adopting the North Central Texas Council of Governments Recommended Amendments to each adopted code. (Maurice Schwanke) ORDINANCE NO.730-2016 AN ORDINANCE OF THE CITY OF ANNA, TEXAS, ADOPTING THE 2015 EDITION OF THE INTERNATIONAL BUILDING CODE, 2015 EDITION OF THE INTERNATIONAL RESIDENTIAL CODE, 2015 EDITION OF THE INTERNATIONAL ENERGY CONSERVATION CODE, 2015 EDITION OF THE INTERNATIONAL FIRE CODE, 2015 EDITION OF THE INTERNATIONAL FUEL GAS CODE, 2015 EDITION OF THE INTERNATIONAL MECHANICAL CODE, 2015 EDITION OF THE INTERNATIONAL PLUMBING CODE, 2014 EDITION OF THE NATIONAL ELECTRICAL CODE; ADOPTING THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS RECOMMENDED AMENDMENTS TO SAID ADOPTED CODES; PROVIDING FOR A PENALTY FOR ANY VIOLATION OF THIS ORDINANCE NOT TO EXCEED $2,000; PROVIDING FOR SAVINGS, SEVERABILITY, AND REPEALING CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. October 11, 2016 3 CC Regular Session Minutes MOTION: Council Member Pelham moved to approve. Council Member Bryan seconded. Motion Passed 5-0 8. Conduct a public hearing and take action on an Ordinance amending the Anna City Code of Ordinances by amending Part III -A (Subdivision Regulations), Article 3 (Subdivision Design Standards), Section 1.03 (d) (4) (Adequacy of Streets and Thoroughfares) and Section 7.02 (Minimum Frontage on a Public Street). (Maurice Schwanke) Deputy Mayor Pro Tern Bryan opened the public hearing at 8:03 p.m. Closed public hearing at 8:03 P.M. ORDINANCE NO. 731-2016 AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING THE ANNA CITY CODE OF ORDINANCES BY AMENDING PART III -A (SUBDIVISION REGULATIONS), ARTICLE 3 (SUBDIVISION DESIGN STANDARDS), SECTION 1.03 (d)(4) (ADEQUACY OF STREETS AND THOROUGHFARES) AND SECTION 7.02 (MINIMUM FRONTAGE ON A PUBLIC STREET; PROVIDING FOR SAVINGS, SEVERABILITY, AND REPEALING CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. MOTION: Council Member Burr moved to approve. Council Member Miller seconded. Motion Passed 5-0 9. Consider/Discuss/Action regarding a Resolution approving a Preliminary Plat of Anna Crossing Phase 7-10. (Maurice Schwanke) ORDINANCE NO.731-2016 AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING THE ANNA CITY CODE OF ORDINANCES BY AMENDING PART III -A (SUBDIVISION REGULATIONS), ARTICLE 3 (SUBDIVISION DESIGN STANDARDS), SECTION 1.03 (d)(4) (ADEQUACY OF STREETS AND THOROUGHFARES) AND SECTION 7.02 (MINIMUM FRONTAGE ON A PUBLIC STREET; PROVIDING FOR SAVINGS, SEVERABILITY, AND REPEALING CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. MOTION: Council Member Martinez moved to approve. Council Member Bryan seconded. Motion Passed 5-0 10.Consider/Discuss/Action regarding a Resolution finding a public necessity and authorizing the City Staff to use lawful means, including negotiations and if necessary proceedings in eminent domain, to October 11, 2016 CC Regular Session Minutes acquire an easement on private property owned by Penny Drawert & Martin Ramirez. (Joseph Johnson) RESOLUTION NO. 2016-10-236 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, FINDING THAT A PUBLIC NECESSITY EXISTS FOR ACQUISITION OF A PERMANENT WATER LINE EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT PROVIDING LIMITED RIGHTS ON AND UNDER 0.096 ACRES OF REAL PROPERTY, MORE OR LESS, AND 0.100 ACRES OF REAL PROPERTY, MORE OR LESS; AUTHORIZING THE CITY MANAGER, STAFF, CONTRACTORS, AND THE CITY'S ATTORNEYS TO ACQUIRE SAID EASEMENTS BY ANY LAWFUL MEANS, INCLUDING BUT NOT LIMITED TO NEGOTIATIONS, AND, IF NECESSARY, PROCEEDINGS IN EMINENT DOMAIN; PROVIDING AN EFFECTIVE DATE. MOTION: Council Member Martinez moved to approve. Council Member Burr seconded. Motion Passed 5-0 11.Consider/Discuss/Action regarding a Resolution finding a public necessity and authorizing the City Staff to use lawful means, including negotiations and if necessary proceedings in eminent domain, to acquire an easement on private property owned by J. Kevin Kennedy & Lisa L. Kennedy (Tract 1). (Joseph Johnson) RESOLUTION NO. 2016-10-237 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, FINDING THAT A PUBLIC NECESSITY EXISTS FOR ACQUISITION OF A PERMANENT WATER LINE EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT PROVIDING LIMITED RIGHTS ON AND UNDER 0.274 ACRES OF REAL PROPERTY, MORE OR LESS, AND 0.273 ACRES OF REAL PROPERTY, MORE OR LESS; AUTHORIZING THE CITY MANAGER, STAFF, CONTRACTORS, AND THE CITY'S ATTORNEYS TO ACQUIRE SAID EASEMENTS BY ANY LAWFUL MEANS, INCLUDING BUT NOT LIMITED TO NEGOTIATIONS, AND, IF NECESSARY, PROCEEDINGS IN EMINENT DOMAIN; PROVIDING AN EFFECTIVE DATE. MOTION: Council Member Burr moved to approve. Council Member Miller seconded. Motion Passed 5-0 12.Consider/Discuss/Action regarding a Resolution finding a public necessity and authorizing the City Staff to use lawful means, including negotiations and if necessary proceedings in eminent domain, to acquire an easement on private property owned by J. Kevin Kennedy & Lisa L. Kennedy (Tract 2). (Joseph Johnson) October 11, 2016 5 CC Regular Session Minutes RESOLUTION NO. 2016-238 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, FINDING THAT A PUBLIC NECESSITY EXISTS FOR ACQUISITION OF A PERMANENT WATER LINE EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT PROVIDING LIMITED RIGHTS ON AND UNDER 0.307 ACRES OF REAL PROPERTY, MORE OR LESS, AND 0.306 ACRES OF REAL PROPERTY, MORE OR LESS; AUTHORIZING THE CITY MANAGER, STAFF, CONTRACTORS, AND THE CITY'S ATTORNEYS TO ACQUIRE SAID EASEMENTS BY ANY LAWFUL MEANS, INCLUDING BUT NOT LIMITED TO NEGOTIATIONS, AND, IF NECESSARY, PROCEEDINGS IN EMINENT DOMAIN; PROVIDING AN EFFECTIVE DATE. MOTION: Council Member Miller moved to approve. Council Member Burr seconded. Motion Passed 5-0 13. 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); annexation development agreements, local sales tax allocation; code of ethics 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); potential retail business prospect. d. discuss or deliberate personnel matters (Tex. Gov't Code §551.074); City Attorney annual review. October 11, 2016 6 CC Regular Session Minutes 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 Burr moved to adjourn to closed session. Council Member Miller seconded. Motion Passed 5-0 Deputy Mayor Pro Tern Bryan adjourned to closed session at 8:20 p.m. Deputy Mayor Pro Tern Bryan reconvened the open session at 8:43 p.m. 14. Consider/Discuss/Action on any items listed on the posted agenda or any closed session occurring during this meeting, as necessary. MOTION: Council Member Burr moved to take no action. Council Member Miller seconded. Motion carried 5-0. 15. Adjourn. MOTION: Council Member Miller moved to adjourn. Deputy Mayor Pro Tern Bryan seconded. Motion Passed 5-0 Deputy Mayor Pro Tern Bryan adjourned the meeting at 8:45 p.m. Approved on the 25th day of October 2016. ATTEST: City Secretary Carrie L. Smith Mayor Mike Crist October 11, 2016 7 CC Regular Session Minutes I Item No. 5.b. City Council Agenda Staff Report Meeting Date: 10/25/2016 YOUR} HOMETOWN /_Tr] =1►107_1119 =1 Ly to Authorize the City Manager to solicit bids for the Sherley Above Ground Storage Tank Rehabilitation Project. (Joseph Johnson) SUMMARY: In a recent inspection, the 100,000-gallon ground storage tank at the Sherley Pump Station was found to be deficient in several areas. The Sherley Above Ground Storage Tank Rehabilitation Project would include piping upgrades, welding, metal repairs, hatch replacement and new interior and exterior coatings. The project is expected to cost $109,000. Funds are available for this project in the amount of $113,685.26 using contract revenue bond funds from the Texas Water Development Board that Greater Texoma Utility Authority is holding on the City of Anna's behalf. STAFF RECOMMENDATION: Staff recommends approval of this item authorizing the City Manager to solicit bids for the Sherley Above Ground Storage Tank Rehabilitation Project. I Item No. 5.c. City Council Agenda Staff Report Meeting Date: 10/25/2016 y{OUR) HOMETOWN AGENDAITEM: Authorize the City Manager to solicit bids for the Water Disinfection System Upgrades. (Joseph Johnson) The Water Disinfection System Upgrades project provides the infrastructure necessary to replace free chlorination as our disinfection process with a process called chloramination which is a blend of chlorine and liquid ammonium solution. This method of disinfection reduces chlorine odor, results in a more stable and manageable disinfection process, and reduces disinfection byproducts that could cause noncompliance with drinking water regulations. The project is expected to cost $450,000. Funds are available for this project in the 2014 Certificate of Obligation. STAFF RECOMMENDATION: Staff recommends approval of this item authorizing the City Manager to solicit bids for the Water Distribution Disinfection System Upgrades. i Item No. 5.d. City Council Agenda Staff Report Meeting Date: 10/25/2016 VOUR} HOMETOWN AGENDAITEM: Ordinance approving the 2016 Tax Roll (City Manager) SUMMARY: The Collin County Tax Assessor Collector recently submitted the Tax Roll summary for the City of Anna. The report from the county is attached. Texas Property Tax Code, Section 26.09, requires the City to pass an ordinance approving the 2015 Tax Roll. STAFF RECOMMENDATION: Staff recommends that the City Council adopt the attached Ordinance approving the 2016 Tax Roll for the City of Anna. ATTACHMENTS: Description Upload Date Type Tax Roll Ordinance 10/18/2016 Ordinance Exhibit 1, 2016 Tax Roll Summary 10/18/2016 Exhibit CITY OF ANNA, TEXAS ORDINANCE NO. AN ORDINANCE APPROVING THE 2016 TAX ROLL FOR THE CITY OF ANNA, TEXAS WHEREAS, the Collin County Tax Assessor Collector has submitted the 2016 Tax Roll for the City of Anna, Texas (the "City") to the City Council of the City of Anna, Texas (the "City Council") for approval; and WHEREAS, the City Council is required by statute (Texas Property Tax Code Section 26.09) to approve or disapprove said Tax Roll; and WHEREAS, the City Council has reviewed the 2016 Tax Roll Summary as provided by the Collin County Tax Assessor Collector, now therefore; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The above -referenced recitals are incorporated herein as if set forth in full for all purposes. Section 2. Tax Roll Approved. The City Council hereby approves the 2016 Tax Roll Summary attached hereto as Exhibit 1. PASSED by the City Council of the City of Anna, Texas, this the 25t" day of October, 2016. ATTEST: APPROVED: Carrie L. Smith, City Secretary Mike Crist, Mayor Run Date: September 28, 2016 Collin County Tax Office Page 10 of 107 2016 TAX ROLL SUMMARY 07 - ANNA CITY Amount Count NUMBER OF ACCOUNTS 51306 MARKET VALUES ROLLCODE0 MOBILE HOME Improvement $364,059 Improvement Non -Home Site $56,201 ROLLCODE: PERSONAL Land $0 Personal $32,2191221 ROLLCODE: REAL Aqriculture $92,605,975 Improvement $483,625,860 Improvement Non -Home Site $141,420,196 Land $149,061,922 Land Aq Land $985,556 Land Non -Home Site $69,890,798 TOTAL MARKET VALUE $970,229,788 DEFERRALS Aq $92,605,975 209 TOTAL DEFERRALS $92,605,975 EXEMPTIONS Autos, XO , PPV , XO , PPV $51198,030 19 Cap Adjustment, XT , XT $14,856,128 11367 Disabled Veteran $7,822,817 109 Miscellaneous, XV , XV $115,194,406 224 Nominal Value $2,999 12 Over 65 $11,868,071 401 TOTAL EXEMPTIONS $154,942,451 GRAND TOTAL FOR DEFERRALS AND EXEMPTIONS $247,548,426 TOTAL MARKET VALUE $970,229,788 TAXABLE VALUE $7223681,362 TAX RATE 0.629 ROLLCODE: MOBILE HOME Levy $2,624.73 109 ROLLCODE: PERSONAL Levy $169, 928.72 243 ROLLCODE: REAL Levy $4,373,112,36 41954 TOTAL LEVY $4$45,665.80 LEVY LOST DUE TO FROZEN OTHER LOST LEVY $0.00 TOTAL LOST LEVY $0.00 TaxRollSummary.rpt Revised September 28, 2016 Run Date: September 28, 2016 Collin County Tax Office Page 11 of 107 2016 TAX ROLL SUMMARY 07 - ANNA CITY Calculation Analysis Cale Levy Tax Amount = Diff. Market Value Exemption Taxable Value Frozen 0.00 0.00 0.00 0 0 0 DV100 (Excl. Frozen) 11106,25 11106,25 0.00 71665,224 71200,199 465,025 Prorated (Excl. Frozen 0.00 0.00 0.00 0 0 0 Other 41544,559,55 4,544,559.55 0.00 9623564,564 240,348,227 722,216,337 Total 41545,665,80 41545,665,80 0.00 970,229,788 247,5481426 722,681,362 DV100 (Incl. Frozen) 0.00 0.00 0.00 0 0 0 Prorated (Incl. Frozen 0.00 0.00 0.00 0 0 0 TaxRollSummary.rpt Revised September 28, 2016 I Item No. 5.e. City Council Agenda Staff Report Meeting Date: 10/25/2016 YOUR) HOMETOWN AGENDAITEM: Resolution approving a preliminary plat of Anna Crossing Phase 11. (Maurice Schwanke) SUMMARY: Anna Town Center No 2/BRTO Ltd. has submitted an application for approval of a preliminary plat of Anna Crossing, Phase 11. The preliminary plat includes a 9.42 acre lot that will be developed by Palladium USA as a multi -family development. Right-of-way dedications for extensions of Finley Blvd., Leonard Ave., and an unnamed 4-lane collector street are shown and will be required in connection with the development of the Palladium property (Lot 1, Block A). Remainder Tracts A, B, and C are shown for reference purposes only and are not being proposed for development with this preliminary plat. The current zoning for the property is a Planned Development that allows for a mixture of multi- family and commercial uses. The multifamily lot is where the Palladium apartment complex is contemplated. On October 3, 2016, the Planning and Zoning Commission voted to recommend that the City Council approve this preliminary plat. STAFF RECOMMENDATION: Staff recommends approval of the attached Resolution and preliminary plat. ATTACHMENTS: Description Location Map Resolution Exhibit 1, Anna Crossing PH 11 Upload Date Type 10/19/2016 Backup Material 10/20/2016 Resolution 10/19/2016 Exhibit CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A PRELIMINARY PLAT OF ANNA CROSSING PHASE 11. 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, Anna Town Center No 2/BRTO Ltd. has submitted an application for approval of a preliminary plat of Anna Crossing, Phase 11; 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 Preliminary Plat The City Council hereby approves the preliminary plat of Anna Crossing Phase 11 attached hereto as Exhibit 1 subject to the following conditions: (a) Remainder Tracts A, B, and C are shown on Exhibit 1 for reference purposes only and are not being approved for development with this preliminary plat. (b) Right-of-way dedications for extensions of Finley Blvd., Leonard Ave., and an unnamed 4-lane collector street (as shown on Exhibit 1) are required in connection with the development of Lot 1, Block A. (c) Certain off -site water and sewer lines to be constructed in connection with Anna Crossing Phase 7 are necessary to serve Lot 1, Block A, and must be constructed prior to or in connection with the development of Lot 1, Block A. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 25t", day of October, 2016. ATTEST: APPROVED: City Secretary, Carrie L. Smith Mayor, Mike Crist Line Table Line # Length Direction L24 96.13 N400 30' 09"W L30 14.14 N850 30' 09"W L31 37.96 S490 29' S1"W L32 97.96 S490 29' 51"W L33 14.14 S40 29' 51"W L34 96.13 S400 30' 09"E LEGEND N NORTH S SOUTH E EAST W WEST DEGREES MINUTES/FEET SECONDS/INCHES 0.P.R.C.T. OFFICIAL PUBLIC RECORDS COLLIN COUNTY, TEXAS P.R.C.C.T. PLAT RECORDS COLLIN COUNTY, TEXAS 20' PERMANENT UTILITY EASEMENT c INSTRUMENT NUMBER 200806000959220 I I / O.P.R.C.C.T. 1 ' /IRS N880 51' 48-�--574-.4V-_ ( = 0 1 ♦ �Q V i i 50' LONE STAR GAS �� EASEMENT k a I � �' 4v o � LOT'1, BLOCK A 0 C� a� //; 9.48� ACRES OR / / Q---------- / ` 413,044 SQUARE FEET // '�- Co (D I / O= �O 4EMAINDER OF / 2 � N ANNA TOWN CENTER NO. 2 / BRTO, LTD. // //� LONE STAR GAS EASE J / ; NO WIDTH SPECIFI QQ VOLUME 5622, PAGE 1863 / VOLUME 279 PAGE 375 D O.P.R.C.C.T. 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PORTION OF ANNA TOWN CENTER MIXED USE LLC PLACE OF ;' ;' I I / _ / ,------------- INSTRUMENT-NUMBF-R 20150317000291340 '-4 _ BEGINNING/ ;/ 8``� O.P.R.C:Q:T. `\ TRACT ONE ' • ' = ' / / ZONED: PD 129-2004 ,i__________________________ ^ / TOWN CENTER\,NO. 2 / BRTO, LTD.,%; - -------- ANNA ------ VOLUME 5622,\PAGE 1863 O.P.R.C.C.�."'---------'' N370 40' 22"E 28.35' << ZONED: PD 236-2005---- S720 37' 22"E 83.18' IRS S100 25' 10"E 53.08' IRS IRS i N880, 55' 50"E 841.95' RS IR IRS 0.321 REMAINDER TRACT B M 9.981 ACRES OR �434,778 SQUARE FEET MENT oo PORTION OF \�, \'T,``\` LIJ ED) v� ANNA TOWN CENTER MIXED USE LLC .R.C.C.T. INSTRUMENT NUMBER 20150317000291340 MARKERS O.P.R.C.C.T. / �, \`�`,�Zz` '�� , �`� _LU ZONED: PD 129-2004 ,�°` ;;.`�� U = It I � `, ' o �w , LLJ Q 1 ; ' ` ` `` ' PORTION OF I C 9z�,,,, O ANNA TOWN CENTER MIXED USE LLC INSTRUMENT NUMBER 20150317000291340 O.P.R.C.C.T. 711 -\ 2' 47"W 81.15' \ -----____ - ---- 1 Q r- r IRS A=29043'24" IRS IRS R=460.00' =31°17'29" \ S890 42' 47"W 5.33' L=238.63'-'--- R=540.00' ��, CB=N25038'27"W �� QP� r�- J L-294.92 �`, CL=235.9T--- S24°51'24"E CL=291.26' �� A=11°55'04° R=960.00 ��-o Cop L=199.68 IRS 9 CB=S43032'19"W ` CL=199.32' IRS\; s _ L24 ' ` IRS 31T2 / ( - , L31 IRS \ L30 ` IRS A=11°55'04" IRS IRS/ R=1040.00' --- L=216.32' i L34 IRS �'S< CB=N43032'19"E ------- IRS CL=215.93' L33 % IRS L32 ` IRS °� 00' ; .46' 2„W IRS ; .06' I IRS IRS , IRS110, -------------------- 50' LONE STAR GAS EASEMENT / ';'','� L j 4• �� /' / / 111 ,O° SZ 06 " w l l--�zZ`` ___ O-k 1 83, All IRS`\o�� p44g / /------ 20 PERMANENT'UTILITY EASEME1Vt / / Cp g,; ,; p INSTRUMENT NUMBER I , ♦ Q 1/ ,, 1 2Z I 1 ` '; ; 44) M oo �'; // /' , ,20080806000959230, O.P.R.C.C.T. �C/ O ' Z - IRS ' q /-----------------'' \ I 1 IRS -----------------`-'_• �A I I �AA=14°30'01" w / A-53°58'28° PLACE OF\``, L=227.77' �, / I BEGINNIN CB=N38°29'46"E , LOT 1, BLOCK 1 o R=820.00 �'�., ANNA TOWN SQUARE DETENTIN POND / L=772,47' TRACT TWO 'I, CL=227.16' ° p , " , O , " � � INSTRUMENT NUMBE,Frt / IRS N44° 15' 14"W 10.00' A=44 18 51 m o / CB=S58 14 00 W '�� CL=744.22 { IRS R=570.00 CL O.P.R.C.C.T. ' / ' CB=N67 16 32 W Co , �� O �j i� o,n Z �- Z °) /ss'„ ' / / l .- Sj� CL=429.95' l 1 Q F �hOO OPEN SPACE C-1 IRS - 0�C , LOT 1` S' .� , - -`--- i 1 , PRESCRIPTIVE RIGHT bF-WAY (NO RQUMENT FO N 17 ' f�EMAII�IDER OF -'' - - T - -_ 7 26 - ------ _ LOT-I)\ '$L-QCK ADD G.1/U,SON % RIGHT-OF-WkY RIGHT-OF-WAY _ -------- ADD CECIL BURL CUNNINGHAM ` - 2 /_I). 1 ;� _ INSTRUMENT NUMBER 20150`619W,37760 I IST NT NUMBER INSTRUMENT NUMBER ----- ` ^ �VOLUM 08,1 zz,, ! PAGE Q 20151202001507680 s 1 Q BLOCK B \ /; �� O.P.R.C.C.f. T9T1MY CUN�H AM O P l C CT 72'""`\``__201511230014,7 50 . � �� LOT 2 LOT 17 \D.R.0 )L. /' ZONED: SF-E VOLUME 4802, PAGE 343 , Q,P.R.C.C.T.- O.P.R- C.T. ZONED: SF-E LOT 3;' A=18°15'38" R=960.00' L=305.96' CB=N40°22'02"E CL=304.67' J� C�,% � d��J REMAINDER TRACT I , I 85.641 ACRES OR, 3,7305�0 SQUARE FEES PORTION OF , ANNA TOWN CENTER MIXED USE LLC 5TRUMENT NUMBER 20150317QO0291340 O.P.R.C.C.T. ZONED: PD 129-2004 1 / �lC I ^ I I � I 1 / 1 I 1 1 � 1 1 1 ; 1 1 ; v ZONED: PD 129-2004 PORTION OF ANNA TOWN CENTER NO. 4\SHRP, LTD. (TRACT 1) VOLUME 5631, PAGE 2600 , O.P.R.C.C.T. , ------ A=42°48'59" R=470.00' L=351.23' f , ` ------ CB=S69009'33"W ! ------`\`\`` CL=343.11' IRS --el o , „ �s.9 25 58 W 828r4.3- -� SHARP ROAb:\,71 `'` ,, .__PRESCRIPTIVE RIGHT-OF-WAY OCUMENT FOUND) RIGHT=OF WAY D i-__ __--- i + ' - - _ �++i5, - ---- EDICATION _ ems' w 9_- z - - _--�;;�E_-___--., ANNA INDEPENDENT „8 - - O w 1 -- ------ 9------ - __-�- , SCHOOL DISTRICT OPEN SPACE B-2 � 1ZL O,LOT 18 ¢ � LOT 1 0 E PACE Xk l INSTRUMENT NUMBER iVE 1 OPEN SPACE B-1 �A A CR SSING PHASE A LOT 8 I WILs6N I LOT 9 \ 20060106000028790 ZONED: PD 129-20041NSTRUMEN IN MB R 0 O.P.R.C.C.T. LLJ _ ZN J 0 2 w w U= w Q w C U) G 455 U0 J ti Q Z m 0 n 00 � LU o a Z J W 0 o_ 423 SITE SITE o= a� FINLEY SHARP VICINITY MAP NOT TO SCALE ANNA, TEXAS LAND USE TABLE Total Gross Acreage 131.038 Acres Right-of-way Dedication 1.474 Acres Net Acreage 129.564 Acres Number of Residential Lots 0 Number of Non -Residential Lots 4 Non -Residential Acreage 131.038 Acres Private Park Acreage 0 Public Park Acreage 0 GRAPHIC SCALE 100 0 50 100 200 ( IN FEET ) 1 inch = 100 ft. PLAT PREPARED BY: DEVELOPER: BANNISTER ENGINEERING, LLC (F-10599) SKORBURG COMPANY 240 NORTH MITCHELL ROAD 8214 WESTCHESTER DRIVE, MANSFIELD, TEXAS 76063 SUITE 710 PHONE: (817) 842-2094 DALLAS, TEXAS 75225 FAX: (817) 842-2095 (214) 522-4945 CONTACT: MIKE DAVIS, RPLS CONTACT: JOHN ARNOLD PRELIMINARY PLAT FOR ANNA CROSSING PHASE 11 LOT 1, BLOCK A AND REMAINDER TRACTS A - C 43.924 ACRES AND 87.114 ACRES OUT OF THE GRANDERSON STARK SURVEY ABSTRACT NUMBER 798 CITY OF ANNA, COLLIN COUNTY, TEXAS PREPARATION DATE: October 18, 2016 SHEET 1 OF 3 PREPARED BY: PROJECT NO.999-16-80 i BANNISTER 1 E N G I N E E R I N G 240 North Mitchell Road Mansfield, TX 76063 817.842.2094 TBPLS REGISTRATION NO. 10193823 30' ACCESS EASEMENT (BY SEPARATE INSTRUMENT),,, -IN- - - I ----------------- =_ --- ----- 1,-' W I - - IRS--- �\Lu Lu w `\ 1 11 li cn I 1 ; A=51°50 32 /I XN'L=868.62' ; 1 <C, I X0 I j CB=N63°3011 E I 1 1 I I W ON \ ` ` CL=839.30 I ; ' . \ 1 I 1 1 I 1 / I ' I6 ' lO ` 1 \\ \\ , 1 ♦♦ \ / �� ; I / ; t I 1 C' LIJ i ILL 1100 �h � 1 rl / / C7 �\ ,\ \ ` ♦ 1 I H or.f �` A\NVN,4TOWN CENTER REMAINDER OF _ I 1 I 01 1 , \ 1 1 \ \ 1 , w 1 \ , \ ANNA-TOWN TOWN CENTER NO. �\ 1 ;5 HSLT, LTD. y i \ \: - �'�. i i/ \'i �6�\ i i �`\ I`\ /"1 i �`\ m VOLUMO.P.R`GCTPAGE 2431 it LTD. 1 1 I 1 1 ` ��-BRTO '1 \ ' \ � , VOLUME 5622 PAGE 1863 1 ! \ 1 ( ; 1 1 `-' ` O.P.f.C.T. ' Q z I ZONED:F-72 I , \ W It 1 IRS I ' 1 \ 1 \ / 1 I / It it PORTION dF 1 '' -♦\ _\\ 1 ANNAVOWN CENTER NO. 3 / WARN, LTD. ',INSTRIJ LENT NUMBER 20070208000183560Ljj` O.P.R.C.C.T. w 1 Z(JNED: PD 129-2004 11 W Q , I C)�� A=17°32'33" {1 it LL I it L=422.52' '`♦ t, `\♦ 1 ; CB=S9 06 37 W 1 � � CL=420.87' Q o Q La LLJ i `\ `\/ \ \ 1 / b \ \ i i SEWER`\My NHOLE `4\ / ` 1 ATC HAYSLETT LOT VENTURE LTD. \ , \ �`\ 1 / i \ ,'\ \ 1 RIM=692.6' \ I ; (TRACT 3) `, i %� i ; ! i `\ `♦ I `\ `I \ \ ! \. `, i `\ i FL=683.8' `\ `� ' REMAINDER OF \ `\ ANNA TOWN CENTER NO. 7 / LNRD, LLC 30' ACCESS EASEMENT \\'`♦ \\� It N INSTRUMENT NUMBER 20140102000006050 / o--------_- INSTRUMENT NUMBER 20140102000006060 _ O.P.R.C.C.T. ZONED: PD Z6-2005 INSTRUMENT NUMBER 20150730000952270 s�, AS CORRECTED IN ;' (- INSTRUMENT NO. 20150730000952300 O.P.R.C.C.T. _ _____ - - 698 / --------1��-------1--- .� �- _--- 86 FUTt�Rf��NtEi' \_ _ - - --- _ 80' RIGHT OF-WAY�9�----- 693 _ / (BY SEPARATE INSTRUMEyT) Ngg° 53' 27'�E 536.04' `IRS ,ktMAINDER OF ;1 i A TOWN CENTER NO. I ; 2 / BRTO, LTD. / VOLUME 5622, PAGE 1863 � 1 O.P.R.C.C.T. I --/ O 1 - - --__� IN PORTION OF ANNA TOWN CENTER / MIXED USE LLC `\\`'' INSTRUMENT NUMBER 2015031700029134010 O.P.R.C.C.T. - ZONED: PD 129-2004 / I V w z J w w =U � . w w 85.641 ACRES OR 3,730,520z�SQUARE F1 ♦ 0G-- ` \ \ 1 `\\`PORTION QF� ` TOWN CENTER NO. 4\SHRP, LTD. (TRACT 1) VOLUME 5631, PAGE 2600 O.P.R.C.C.T. ZONED: PD 129-2004 , , \ `o A=18°50'04" R=1600.00' L=525.96' CB=S23°35'14"W CL=523.59' A=19°05'49" R=1660.00' L=553.29' CB=S23°28' 14"W CL=550.73' N830 01' 01"W 60.60' A=7006'19" , it `S R=1660.00' L=205.86' \\ \` CB=S10021'01"W , 11 \ IRS CL=205.72' ; 'IN It \` ANNA TOWN CENTER NO. 4\SHRP, LTD. '� \` `I 11 INSTRUMENT NUMBER 2014007001096140 � \ 1 O.P.R.C.C.T. A=47039'59" S518 01' 10"W 14.29' I R=530.00' I' L=440.93' 1 N840 34' 59"W 128.60' 6R CB=S71035'02"W CL=428.32 IRS �`\ ` �\♦ IR&,, MATCH LINE + RO �,a� M I 1 LOT 1, BLOCK B / ; - r 85.660 ACRES OR /Q , , m ' JRS N890 41' 22"E 63.02'/ ------------- ' A=15°54'21" R=1440.00' L=399.75' ` A `15007'22" CB=S25°03'06"W R=1380.00' CL=398.47' L=364.24' t CB=N25026'34"E ----- CL=363.19' - 60' I 6 \ I / 1 IRS �Q0 ,\\ N n 969 RS IN, ! y / tS \\ ANNA CR E 3A AN'\` CABINET 2 1 8/ T �r ---------I°� INSTRU ENT NUMBER 20150129000101 O.P.R.C.C.T. \ ZONED: PD 129-2004 \ ' RIG HT-O qz z J L _ w w =U L w w Q C LLJ z o J w w =U L w w U) REMAINDER TRACT C 85.641 ACRES OR 3 730 520 SQUARE FEET%V /% / / \\ N830 01' 01"W 60.60' / ♦ ` 1 I` \ ANNI TOWN CENTER NO. 4\SHRP, LTD. _ ° " \\�\i `I A 7 0619 � � m (TRACT 1) I V�UME 5631, PAGE 2600 R=1660.00 1 y L=205.86' O.P.R.C.C.T. CB=S10021'01"W \ IR 1 / \ CL=205.72' IRS \ / ANNA TOWN CENTER NO. 4\SHRP, LTD. 1 \ 1 O INSTRUMENT NUMBER 2014007001096140 1 O.P.R.C.C.T. A=47°39'59" \ a S510 01' 10"W 14.29' R=530.00' \ \ Z L=440.93' `\\N840 34'59"W 128.60' G0�-_60, \ aCB=S71°35'02"W �_ - - CL=428.32' \ _ � IRS MATCH LINE SHARP M IRSso` I - ROAD \ 1 ------ -------------- LOT 1, BLOCK B 1r - M Ir _ u ,°° 85.660 ACRES OR ' ANNA CROSSING AMC, LTD. ` W O U-1 Q _To- 3,731,330 SQUARE FEET i1 1 s INSTRUMENT NUMBER 201400700ffl96130 `� < LL IRS I' /It O.P.R.C.C.T. J o I Q o ~~ w Y It �Uo �C=7� aOI/ B4 a�4 �m IRS S470 45' 03"W 191.16' I`\; Z z `0 ix p^ z k Lu w w I LOT OQQ 1 ANNA TOWN CENTER NO. 4\SHRP LT9. J q a _1 `'" __j ` VO�,UME 5631 (TRACT 2600 O.P.R.C.C.T Q Lu U z ZONED: PD 129 �2004 I Q I , \ \ Z \ I I o 703 - �``) � W II / ANNA CROSSING AMC,, LTD. INSTRUMENT NUMBER 20t4O724000770380, O.P.R.C.C.T. ti ` ------ ------ - --Z03- 1 _--------- --0 ' 6`<' ____``�� c- • (, '-V`09 708 - el 'Zlih -----------_ H A 116, C.0 w I L df[jW1 1l'u'll(A1,1111 goo \ LOT 3 \ o 700 Ek,QF -ANNA TOWN ENTER NO. 4\'SHRP, LTD VOLUME �631,TAGE 2600, O.fJ:',.0 .T �� c q �j � \\\\ INDEPENDENT SCHOOL DISTRICT \\ "� "� �" ���� _------ O� `JJ ``o INSTRUMENT NUMBER 20060106000028790 INSTRUMENT NUMBER 2012122800J6550300 � c� O.P.R.C.C.T.- ���•� ZONED: PD 323-2007 GRAPHIC SCALE 100 0 50 100 200 ( IN FEET ) 1 inch = 100 ft. LEGEND N NORTH S SOUTH E EAST W WEST DEGREES MINUTES/FEET " SECONDS/INCHES 0.P.R.C.T. OFFICIAL PUBLIC RECORDS COLLIN COUNTY, TEXAS P.R.C.C.T. PLAT RECORDS COLLIN COUNTY, TEXAS PLAT PREPARED BY: BANNISTER ENGINEERING, LLC (F-10599) 240 NORTH MITCHELL ROAD MANSFIELD, TEXAS 76063 PHONE: (817) 842-2094 FAX: (817)842-2095 CONTACT: MIKE DAVIS, RPLS ----------��C DEVELOPER: SKORBURG COMPANY 8214 WESTCHESTER DRIVE, SUITE 710 DALLAS, TEXAS 75225 (214) 522-4945 CONTACT: JOHN ARNOLD PRELIMINARY PLAT FOR ANNA CROSSING PHASE 11 LOT 1, BLOCK A AND REMAINDER TRACTS A - C 48.415 ACRES AND 87.114 ACRES OUT OF THE GRANDERSON STARK SURVEY ABSTRACT NUMBER 798 CITY OF ANNA, COLLIN COUNTY, TEXAS PREPARATION DATE: October 18, 2016 SHEET 2 OF 3 PREPARED BY: PROJECT NO.999-16-80 r""BANNISTER 1 E N G I N E E R I N G 240 North Mitchell Road Mansfield, TX 76063 817.842.2094 TBPLS REGISTRATION NO. 10193823 OWNER'S CERTIFICATION OWNER'S CERTIFICATE STATE OF TEXAS § COUNTY OF COLLIN § WHEREAS , acting by and through the undersigned, its duly authorized agent is the owner of TRACT ONE: BEING a 43.924 acres (1,913,340 square feet) of land in the Granderson Stark Survey, Abstract No. 798, City of Anna, Collin County, Texas; said 43.924 acres (1,913,340 square feet) of land being a portion of that certain tract of land described in a Special Warranty Deed with Vendor's Lien to Anna Town Center No. 2 / BRTO, LLC (hereinafter referred to as Anna Town Center No. 2 / BRTO tract), as recorded in Volume 5622, Page 1863, Official Public Records, Collin County, Texas (O.P.R.C.C.T.), said 43.924 acres (1,913,340 square feet) of land being a portion of that certain tract of land described in a Special Warranty Deed with Vendor's Lien to Anna Town Center Mixed Use LLC (hereinafter referred to as Anna Town Center Mixed Use tract), as recorded in Instrument Number 20150317000291340, O.P.R.C.C.T.; said 43.924 acres (1,913,340 square feet) of land being more particularly described, by metes and bounds, as follows: BEGINNING at a five -eighths inch iron rod with plastic cap stamped "RPLS 4838" set for the intersection of the existing Easterly right-of-way line of Dallas Area Rapid Transit (DART) as recorded in Volume 5443, Page 5532, O.P.R.C.C.T. and further described in a deed to Houston & Texas Central Railway Company (200' right-of-way), as recorded in Volume V, Page 603, Deed Records, Collin County, Texas, with the North line of that certain tract of land described as Lot 1, Block 1, Anna Town Square Detention Pond (hereinafter referred to as Lot 1), an addition to the City of Anna, Collin County, Texas, as recorded in Instrument Number , Plat Records, Collin County, Texas; THENCE North 18 degrees 46 minutes 21 seconds East with the existing Easterly right-of-way line of DART and crossing said Anna Town Center Mixed Use tract, a distance of 855.29 feet to a five -eighths inch iron rod with plastic cap stamped "RPLS 4838" set for the North line of said Anna Town Center Mixed Use tract, same being the Southwest corner of said Anna Town Center No. 2 / BRTO tract; THENCE North 89 degrees 42 minutes 47 seconds East with the common line between said Anna Town Center Mixed Use tract and said Anna Town Center No. 2 / BRTO tract, a distance of 21.47 feet to a five -eighths inch iron rod with plastic cap stamped "RPLS 4838" set for corner; THENCE North 18 degrees 44 minutes 19 seconds East, departing the North line of said Anna Town Center Mixed Use tract and crossing said Anna Town Center No. 2 / BRTO tract, a distance of 599.66 feet to a five -eighths inch iron rod with plastic cap stamped "RPLS 4838" set for corner; THENCE North 88 degrees 51 minutes 48 seconds East, continue crossing said Anna Town Center No. 2 / BRTO tract, a distance of 574.41 feet to a five -eighths inch iron rod with plastic cap stamped "RPLS 4838" set for corner; THENCE South 10 degrees 25 minutes 10 seconds East, continue crossing said Anna Town Center No. 2 / BRTO tract, a distance of 53.08 feet to a five -eighths inch iron rod with plastic cap stamped "RPLS 4838" set for corner; THENCE North 88 degrees 55 minutes 50 seconds East, continue crossing said Anna Town Center No. 2 / BRTO tract, a distance of 814.95 feet to a five -eighths inch iron rod with plastic cap stamped "RPLS 4838" set for corner; THENCE South 72 degrees 37 minutes 22 seconds East, continue crossing said Anna Town Center No. 2 / BRTO tract, a distance of 83.18 feet to a five -eighths inch iron rod with plastic cap stamped "RPLS 4838" set for the existing Northwesterly right-of-way line of Finley Boulevard (80' right-of-way), as recorded in Instrument Number , O.P.R.C.C.T.; THENCE South 37 degrees 33 minutes 48 seconds West with the existing Northwesterly right-of-way line of said Finley Boulevard, a distance of 796.51 feet to a five -eighths inch iron rod with plastic cap stamped "RPLS 4838" set for the beginning of a curve to the right, whose long chord bears South 43 degrees 32 minutes 19 seconds West, a distance of 199.32 feet; THENCE Southwesterly, continue with the existing Northwesterly right-of-way line of said Finley Boulevard and with said curve to the right having a radius of 960.00 feet, through a central angle of 11 degrees 55 minutes 04 seconds, for an arc distance of 199.68 feet to a five -eighths inch iron rod with plastic cap stamped "RPLS 4838" set for corner; THENCE South 49 degrees 29 minutes 51 seconds West, existing Northwesterly right-of-way line of said Finley Boulevard, a distance of 37.96 feet to a five -eighths inch iron rod with plastic cap stamped "RPLS 4838" set for the Easterly transition corner of the existing Northwesterly right-of-way line of said Finley Boulevard with the existing Northeasterly right-of-way line of Street (80' right-of-way), as recorded in Instrument Number , O.P.R.C.C.T.; THENCE North 85 degrees 30 minutes 09 second West with said transition line, a distance of 14.14 feet to a five -eighths inch iron rod with plastic cap stamped "RPLS 4838" set for the Westerly transition corner of the existing Northwesterly right-of-way line of said Finley Boulevard with the existing Northeasterly right-of-way line of said Street; THENCE North 40 degrees 30 minutes 09 seconds West with the existing Northeasterly right-of-way line of said Street, a distance of 96.13 feet to a five -eighths inch iron rod with plastic cap stamped "RPLS 4838" set for the beginning of a curve to the right, whose long chord bears North 25 degrees 38 minutes 27 seconds West, a distance of 235.97 feet; THENCE Northwesterly, continue with existing Northeasterly right-of-way line of said Street and with said curve to the right having a radius of 460.00 feet, through a central angle of 29 degrees 43 minutes 24 seconds, for an arc distance of 238.63 feet to a five -eighths inch iron rod with plastic cap stamped "RPLS 4838" set for the North line of the aforesaid Anna Town Center Mixed Use tract, same being the South line of the aforesaid Anna Town Center No. 2 / BRTO tract; THENCE South 89 degrees 42 minutes 47 seconds West with the common line between said Anna Town Center Mixed Use tract and said Anna Town Center No. 2 / BRTO tract, a distance of 81.15 feet to a five -eighths inch iron rod with plastic cap stamped "RPLS 4838" set for the existing Westerly right-of-way of said Street, same being the beginning of a non -tangent curve to the left, whose long chord bears South 24 degrees 51 minutes 24 second East, a distance of 291.26 feet; THENCE Southeasterly, departing the South line of said Anna Town Center No. 2 / BRTO tract and with the existing Westerly right-of-way of said Street and also with said non -tangent curve to the left having a radius of 540.00 feet, through a central angle of 31 degrees 17 minutes 29 seconds, for an arc distance of 294.92 feet to a five -eighths inch iron rod with plastic cap stamped "RPLS 4838" set for corner; THENCE South 40 degrees 30 minutes 09 second East, continue with the existing Westerly right-of-way of said Street, a distance of 96.13 feet to a five -eighths inch iron rod with plastic cap stamped "RPLS 4838" set for the Northerly transition corner of the existing Westerly right-of-way of said Street with the existing Northwesterly right-of-way line of said Finley Boulevard; THENCE South 04 degrees 29 minutes 51 seconds West with said transition line, a distance of 14.14 feet to a five -eighths inch iron rod with plastic cap stamped "RPLS 4838" set for corner; THENCE South 49 degrees 29 minutes 51 seconds West with the existing Northwesterly right-of-way line of said Finley Boulevard, a distance of 97.96 feet to a five -eighths inch iron rod with plastic cap stamped "RPLS 4838" set for the beginning of a curve to the left, whose long chord bears South 40 degrees 22 minutes 02 seconds West, a distance of 330.06 feet; THENCE Southwesterly, continue with the existing Northwesterly right-of-way line of said Finley Boulevard and with said curve to the left having a radius of 1040.00 feet, through a central angle of 18 degrees 15 minutes 38 seconds, for an arc distance of 331.46 feet to a five -eighths inch iron rod with plastic cap stamped "RPLS 4838" set for corner; THENCE South 31 degrees 18 minutes 05 seconds West, continue with the existing Northwesterly right-of-way line of said Finley Boulevard, a distance of 464.06 feet to a five -eighths inch iron rod with plastic cap stamped "RPLS 4838" set for the beginning of a curve to the right, whose long chord bears South 58 degrees 14 minutes 00 seconds West, a distance of 744.22 feet; THENCE Southwesterly, continue with the existing Northwesterly right-of-way line of said Finley Boulevard and with said curve to the right having a radius of 820.00 feet, through a central angle of 53 degrees 58 minutes 28 seconds, for an arc distance of 772.47 feet to a five -eighths inch iron rod with plastic cap stamped "RPLS 4838" set for the Southeast corner of the aforesaid Lot 1; THENCE North 20 degrees 19 minutes 05 seconds East, departing the existing North right-of-way line of said Finley Boulevard and with the common line between said Lot 1 and the remainder of said Anna Town Center Mixed Use tract, a distance of 571.41 feet to a five -eighths inch iron rod with plastic cap stamped "RPLS 4838" set for the Northeast corner of said Lot 1; THENCE North 70 degrees 52 minutes 06 seconds West, continue with the common line between said Lot 1 and the remainder of said Anna Town Center Mixed Use tract, a distance of 320.83 feet to the PLACE OF BEGINNING, and containing a calculated area of 43.924 acres (1,913,340 square feet) of land. and together with TRACT TWO: BEING a 87.114 acres (3,794,707 square feet) of land in the Granderson Stark Survey, Abstract No. 798, City of Anna, Collin County, Texas; said 87.114 acres (3,794,707 square feet) of land being a portion of that certain tract of land described in a Special Warranty Deed with Vendor's Lien to Anna Town Center No. 2 / BRTO, LLC (hereinafter referred to as Anna Town Center No. 2 / BRTO tract), as recorded in Volume 5622, Page 1863, Official Public Records, Collin County, Texas (O.P.R.C.C.T.); said 87.114 acres (3,794,707 square feet) of land being a portion of that certain tract of land described in a Special Warranty Deed with Vendor's Lien to Anna Town Center Mixed Use LLC (hereinafter referred to as Anna Town Center Mixed Use tract), as recorded in Instrument Number 20150317000291340, O.P.R.C.C.T.; said 87.114 acres (3,794,707 square feet) of land being a portion of that certain tract of land described in a General Warranty Deed to Anna Town Center No. 3 / WARN, Ltd. (hereinafter referred to as Anna Town Center No. 3 / WARN tract), as recorded in Instrument Number 20070208000183560, O.P.R.C.C.T.; said 87.114 acres (3,794,707 square feet) of land being a portion of that certain tract of land described in a Special Warranty Deed with Vendor's Lien to Anna Town Center No. 4\SHRP, Ltd. (hereinafter referred to as Anna Town Center No. 4\SHRP tract), as recorded in Volume 5631, Page 2600, O.P.R.C.C.T.; said 87.114 acres (3,794,707 square feet) of land being more particularly described, by metes and bounds, as follows: BEGINNING at a five -eighths inch iron rod with plastic cap stamped "RPLS 4838" set for the intersection of the existing Southeasterly right-of-way line of Finley Boulevard (80' right-of-way), as recorded in Instrument Number , O.P.R.C.C.T. with the existing Northerly right-of-way line of Sharp Road (60' right-of-way), as recorded in Instrument Number , O.P.R.C.C.T., same being the beginning of a curve to the left, whose long chord bears North 38 degrees 29 minutes 46 seconds East, a distance of 227.16 feet; THENCE with the existing Southeasterly right-of-way line of said Finley Boulevard for the following 9 courses: 1. Northeasterly with said curve to the left having a radius of 900.00 feet, through a central angle of 14 degrees 30 minutes 01 second, for an arc distance of 227.77 feet to a five -eighths inch iron rod with plastic cap stamped "RPLS 4838" set for corner; 2. North 31 degrees 18 minutes 05 seconds East, a distance of 464.07 feet to a five -eighths inch iron rod with plastic cap stamped "RPLS 4838" set for the beginning of a curve to the right, whose long chord bears North 40 degrees 22 minutes 02 seconds East, a distance of 304.67 feet; 3. Northeasterly with said curve to the right having a radius of 960.00 feet, through a central angle of 18 degrees 15 minutes 38 seconds, for an arc distance of 305.96 feet to a five -eighths inch iron rod with plastic cap stamped "RPLS 4838" set for corner; 4. North 49 degrees 29 minutes 51 seconds East, a distance of 235.92 feet to a five -eighths inch iron rod with plastic cap stamped "RPLS 4838" set for the beginning of a curve to the left, whose long chord bears North 43 degrees 32 minutes 19 second East, a distance of 215.93 feet; 5. Northeasterly with said curve to the left having a radius of 1040.00 feet, through a central angle of 11 degrees 55 minutes 04 seconds, for an arc distance of 216.32 feet to a five -eighths inch iron rod with plastic cap stamped "RPLS 4838" set for corner; 6. North 37 degrees 33 minutes 48 seconds East, a distance of 826.26 feet to a five -eighths inch iron rod with plastic cap stamped "RPLS 4838" set for corner; 7. North 37 degrees 40 minutes 22 seconds East, a distance of 28.35 feet to a five -eighths inch iron rod with plastic cap stamped "RPLS 4838" set for the beginning of a curve to the right, whose long chord bears North 63 degrees 30 minutes 11 seconds East, a distance of 839.30 feet; 8. Northeasterly with said curve to the right having a radius of 960.00 feet, through a central angle of 51 degrees 50 minutes 32 seconds, for an arc distance of 868.62 feet to a five -eighths inch iron rod with plastic cap stamped "RPLS 4838" set for corner; 9. North 88 degrees 53 minutes 27 seconds East, a distance of 536.04 feet to a five -eighths inch iron rod with plastic cap stamped "RPLS 4838" set for the intersection of the existing Southerly right-of-way line of said Finley Boulevard with the existing Westerly right-of-way line of Leonard Avenue (120' right-of-way), as recorded in Instrument Number , O.P.R.C.C.T.; THENCE South 01 degree 04 minutes 42 seconds East with the existing Westerly right-of-way line of said Leonard Avenue, a distance of 469.66 feet to a five -eighths inch iron rod with plastic cap stamped "RPLS 4838" set for the beginning of a curve to the right, whose long chord bears South 09 degrees 06 minutes 37 seconds West, a distance of 420.87 feet; THENCE Southerly, continue with the existing Westerly right-of-way line of said Leonard Avenue and with said curve to the right having a radius of 1380.00 feet, through a central angle of 17 degrees 32 minutes 33 seconds, for an arc distance of 422.52 feet to a five -eighths inch iron rod with plastic cap stamped "RPLS 4838" set for corner; THENCE North 89 degrees 41 minutes 22 seconds East, a distance of 63.02 feet to a five -eighths inch iron rod with plastic cap stamped "RPLS 4838" set for the center of said Leonard Avenue, same being the Northwest corner of that certain tract of land described as Anna Crossing Phase 3A (hereinafter referred to as Anna Crossing Phase 3A), an addition to the City of Anna, Collin County, Texas, according to the plat recorded in Cabinet 2016, Slide 48, Plat Records, Collin County, Texas, same also being the beginning of a non -tangent curve to the right, whose long chord bears South 25 degrees 03 minutes 06 seconds West, a distance of 398.47 feet; THENCE with the Westerly line of said Anna Crossing Phase 3A for the following 3 courses: 1. Southwesterly with said non -tangent curve to the right having a radius of 1440.00 feet, through a central angle of 15 degrees 54 minutes 21 seconds , for an arc distance of 399.75 feet to a five -eighths inch iron rod with plastic cap stamped "RPLS 4838" set for corner; 2. South 33 degrees 00 minutes 16 seconds West, a distance of 147.53 feet to a five -eighths inch iron rod with plastic cap stamped "RPLS 4838" set for the beginning of a curve to the left, whose long chord bears South 23 degrees 35 minutes 14 seconds West, a distance of 523.59 feet; 3. Southwesterly with said curve to the left having a radius of 1600.00 feet, through a central angle of 18 degrees 50 minutes 04 seconds, for an arc distance of 525.96 feet to a five -eighths inch iron rod with plastic cap stamped "RPLS 4838" set for corner; THENCE North 83 degrees 01 minute 01 second West, departing the Westerly of said Anna Crossing Phase 3A and crossing said Leonard Avenue, a distance of 60.60 feet to a five -eighths inch iron rod with plastic cap stamped "RPLS 4838" set for the existing Westerly right-of-way of said Leonard Avenue, same being the beginning of a non -tangent curve to the left, whose long chord bears South 10 degrees 21 minutes 01 second West, a distance of 205.72 feet; THENCE Southerly with the existing Westerly right-of-way of said Leonard Avenue and with said non -tangent curve to the left having a radius of 1660.00 feet, through a central angle of 07 degrees 06 minutes 19 seconds, for an arc distance of 205.86 feet to a five -eighths inch iron rod with plastic cap stamped "RPLS 4838" set for the Northerly transition corner of the existing Westerly right-of-way of said Leonard Avenue with the existing Northerly right-of-way line of Sharp Road (60' right-of-way), as recorded in Instrument Number , O.P.R.C.C.T.; THENCE South 51 degrees 01 minute 10 seconds West with said transition line, a distance of 14.29 feet to a five -eighths inch iron rod with plastic cap stamped "RPLS 4838" set for the Southerly transition corner of the existing Westerly right-of-way of said Leonard Avenue with the existing Northerly right-of-way line of said Sharp Road; THENCE with the existing Northerly right-of-way line of said Sharp Road for the following 7 courses: 1. North 84 degrees 34 minutes 59 seconds West, a distance of 128.60 feet to a five -eighths inch iron rod with plastic cap stamped "RPLS 4838" set for the beginning of a curve to the left, whose long chord bears South 71 degrees 35 minutes 02 seconds West, a distance of 428.32 feet; 2. Southwesterly with said curve to the left having a radius of 530.00 feet, through a central angle of 47 degrees 39 minutes 59 seconds, for an arc distance of 440.93 feet to a five -eighths inch iron rod with plastic cap stamped "RPLS 4838" set for corner; 3. South 47 degrees 45 minutes 03 seconds West, a distance of 91.16 feet to a five -eighths inch iron rod with plastic cap stamped "RPLS 4838" set for the beginning of a curve to the right, whose long chord bears South 69 degrees 09 minutes 33 seconds West, a distance of 343.11 feet; 4. Southwesterly with said curve to the right having a radius of 470.00 feet, through a central angle of 42 degrees 48 minutes 59 seconds, for an arc distance of 351.23 feet to a five -eighths inch iron rod with plastic cap stamped "RPLS 4838" set for corner; 5. North 89 degrees 25 minutes 58 seconds West, a distance of 828.43 feet to a five -eighths inch iron rod with plastic cap stamped "RPLS 4838" set for the beginning of a curve to the right, whose long chord bears North 67 degrees 16 minutes 32 seconds West, a distance of 429.95 feet; 6. Northwesterly with said curve to the right having a radius of 570.00 feet, through a central angle of 44 degrees 18 minutes 51 seconds, for an arc distance of 440.85 feet to a five -eighths inch iron rod with plastic cap stamped "RPLS 4838" set for corner; THENCE North 44 degrees 15 minutes 14 seconds West, a distance of 10.00 feet to the PLACE OF BEGINNING, and containing a calculated area of 87.114 acres (3,794,707 square feet) of land. NOW. THEREFORE. KNOW ALL MEN BY THESE PRESENTS: THAT acting herein by and through it's duly authorized officers, does hereby adopt this plat designating the hereinabove described property as ANNA CROSSING PHASE 11, an addition to the City of Anna, Texas, and does hereby dedicate, in fee simple, to the public use forever, the streets and alleys shown thereon. The streets and alleys are dedicated for street purposes. The easements and public use areas, as shown, are dedicated for the public use forever, for the purposes indicated on this plat. In addition, utility easements may also be used for the mutual use and accommodation of all public utilities desiring to use or using the same unless the easement limits the use to particular utilities, said use by public utilities being subordinate to the public's and City of Anna's use thereof. The City of Anna and public utility entities shall have the right to remove and keep removed all or parts of any buildings, fences, trees, shrubs, or other improvements or growths which may in any way endanger or interfere with the construction, maintenance, or efficiency of their respective systems in said easements. The City of Anna and public utility entities shall at all times have the full right of ingress and egress to or from their respective easements for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining, reading meters, and adding to or removing all or parts of their respective systems without the necessity at any time of procuring permission from anyone. This approved subject to all platting ordinances, rules, and regulations of the City of Anna, Texas. WITNESS my hand this the day of , 2016. Owner: STATE OF TEXAS § COUNTY OF § BEFORE ME, the undersigned authority, a notary public in and for said County and State, on this day appeared personally , known to me to be the person whose name is subscribed to the foregoing instrument and acknowledge to me that he has executed the same for the purpose and consideration therein expressed. Given under my hand and seal of office this day of , 2016. Notary Public in and for the State of Texas My Commission Expires: SURVEYOR'S CERTIFICATION STATE OF TEXAS § COUNTY OF TARRANT § THIS is to certify that I, Michael Dan Davis, Registered Professional Land Surveyor Number 4838 for the State of Texas, have performed, for this plat, an actual survey on the ground, and that this plat correctly represents that survey made by me or under my direction or supervision. PRELIMINARY THIS DOCUMENT SHALL NOT BE RECORDED FOR ANY PURPOSE AND SHALL NOT BE USED OR VIEWED AS A FINAL SURVEY DOCUMENT Michael Dan Davis DATE: Registered Professional Land Surveyor No. 4838 BANNISTER ENGINEERING, LLC T.B.P.L.S. REGISTRATION NO. 10193823 240 N. MITCHELL ROAD MANSFIELD, TEXAS 76063 Office (817) 842-2094 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a notary public in and for said County and State, on this day appeared personally Michael Dan Davis, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledge to me that he has executed the same for the purpose and consideration therein expressed. Given under my hand and seal of office this day of , 2016. Notary Public in and for the State of Texas My Commission Expires: GENERAL NOTES: 1. All bearings shown herein are Texas State Plane Coordinate System, NAD83 (CORS), Texas North Central Zone (4202). All distances shown herein are surface distances. 2. According to surveyor's interpretation of information shown on the National Flood Insurance Program (NFIP) "Flood Insurance Rate Map" (FIRM), Community Panel No. 48085CO1601 dated June 2, 2009. The property appears to lie within Zone "X" and the entire property lies within a "Areas determined to be outside the 0.2% annual chance floodplain" zone as defined by the U.S. Department of Housing and Urban Development, Federal Insurance Administration, or the Federal Emergency Management Agency. 3. The above referenced "FIRM" map is for use in administering the "NFIP"; it does not necessarily show all areas subject to flooding, particularly from local sources of small size, which could be flooded by severe, concentrated rainfall coupled with inadequate local drainage systems. There may be other streams, creeks, low areas, drainage systems or other surface or subsurface conditions existing on or near the subject property which are not studied or addressed as a part of the "NFIP". 4. All iron rods set (IRS) are 5/8-inch with a plastic cap stamped "RPLS 4838". All found monuments shown hereon are deemed to be controlling monuments. PLAT PREPARED BY: BANNISTER ENGINEERING, LLC (F-10599) 240 NORTH MITCHELL ROAD MANSFIELD, TEXAS 76063 PHONE: (817) 842-2094 FAX: (817) 842-2095 CONTACT: MIKE DAVIS, RPLS DEVELOPER: SKORBURG COMPANY 8214 WESTCHESTER DRIVE, SUITE 710 DALLAS, TEXAS 75225 (214) 522-4945 CONTACT: JOHN ARNOLD PRELIMINARY PLAT FOR ANNA CROSSING PHASE 11 LOT 1, BLOCK A AND REMAINDER TRACTS A - C 48.415 ACRES AND 87.114 ACRES OUT OF THE GRANDERSON STARK SURVEY ABSTRACT NUMBER 798 CITY OF ANNA, COLLIN COUNTY, TEXAS PREPARATION DATE: October 18, 2016 SHEET 3 OF 3 PREPARED BY: PROJECT NO.999-16-80 rk-'10B ANNISTER LE N G I N E E R I N G 240 North Mitchell Road J Mansfield, TX 76063 817.842.2094 TBPLS REGISTRATION NO. 10193823 I Item No. 6. City Council Agenda Staff Report Meeting Date: 10/25/2016 YOUR} HOMETOWN FIX =1►107_\19=1Lyta Conduct a Public Hearing and take Action on an Ordinance changing the zoning district designation from Single Family Estates (SF-E) to Restricted Commercial (C-1) on Lots 1, 2, and 3 of the Sister Grove Estates Addition. (Maurice Schwanke) SUMMARY: The owner of lots 1, 2 and 3 of the Sister Grove Estates addition is requesting that the City Council change the current zoning from SF-E (Single Family -Estate) to C-1 (Restricted Commercial). The land is approximately 4.053 acres. This zoning change would be consistent with the future land use map as illustrated in the City's Comprehensive Plan, however, the current uses of the surrounding properties are residential and agricultural. The applicant has not identified a specific development plan for the property. Seven (7) notices were sent to the owners of property within 200 feet of the subject tract. In addition to the applicant, one (1) other property responded in favor and three (3) property owners spoke in opposition at the public hearing before Planning and Zoning Commission. The Planning and Zoning Commission voted to recommend that the City Council deny this request. A three -fourths vote of the City Council is required to overrule the Planning and Zoning Commission's recommendation to deny the request. STAFF RECOMMENDATION: Staff has determined that commercial uses on this property in its current context with the surrounding single family homes, and without the appropriate infrastructure (water and sewer service), may not be appropriate and may be premature at this time. Staff is not recommending that the current zoning be changed. ATTACHMENTS: Description Upload Date Type Location Map 10/19/2016 Backup Material Property owner responses and comments 10/20/2016 Backup Material Proposed Ordinance 10/19/2016 Ordinance Exlhibit A - Legal Description 10/19/2016 Exhibit 19 ii.ii.ii.ii.ii.ii LINTY OUTER LOOP 199n EP 472 PROPERTY OWNER RESPONSE FORM I favor the proposed zoning change. ❑ I oppose the proposed zoning change. ❑ I have no opinion regarding the proposed zoning change. Reason(s) for above opinion: � of ✓"� "" c' f r'"r= {r `� _, � 'r'' f" r�' ..r"'" 'i: f.,. 1-^�,f,. � , ,. �„ '� , ,,v Signature ...f f,t'-5<' Address (Street/Road, City, Zip) Please return form to: City of Anna Planning and Development Department POB 776 (or 3223 N. Powell Parkway, if hand delivered) Anna, TX 75409 Or bring form to public hearinq (meeting time and place attachedl YONGSIIIK KIJI July 28, 2016 C(ty of Anna, P & Z P. 0. Box 776 Anna, TX75409-0776 Dear Members, (i70 X1 AR WAHO RD. #14 RICIIARDSO\, TS 75080 We own approximately 120 acres immediately west of the Intersection of Hwy 121 &the new Outer Loop. Having this Interest in mind, I want express my support of the western most tracts In the Sister Grove Addition being rezoned to commercial usage. Taking the future Impact of this major interchange Into consideration now is very insightful on the city's part. Sincerely, Yongshi Kim OPINION / SPEAKER REGISTRATION FORM Welcome to the Planning and Zoning meeting. Your presence and participation are appreciated. You may make your opinion known on an issue and/or register to speak to the Chairman and. Commission Members. Please turn this form in at the staff table to be forwarded to the Chairman. Please step to the podium as soon as you are recognized by the Chairman and state your name and address before beginning your presentation. If you have written notes or other material you wish to present to the Chairman and Commission, please furnish an extra copy for the official files. Name: Address: V6�75 ), ]{J FOCI City / State / Zip:�AAIW _TV Telephone Number (s): Regarding Agenda Item No. T P & Z Meeting Date: C2& Subject: OFor gainst Comments: (Use back if necessary) ( I wish to address the Chairman and Commission Members. (PLEASE LIMIT COMMENTS TO 3 MINUTES) &6,4,do not wish to address the Chairman and Commission Members , but do (niish to register my opinion. OPINION / SPEAKER REGISTRATION FORM Welcome to the Planning and Zoning meeting. Your presence and participation are appreciated. You may make your opinion known on an issue and/or register to speak to the Chairman and Commission Members. Please turn this form in at the staff table to be forwarded to the Chairman. Please step to the podium as soon as you are recognized by the Chairman and state your name and address before beginning your presentation. If you have written notes or other material you wish to present to the Chairman and Commission, please furnish an extra copy for the official files.' Name:_ 01'a Address: City /State / Telephone Number (s): Regarding Agenda Item No. Subject: Comments: (Use back if necessary) P & Z Meeting Date:/% ( ainst () I wish to address the Chairman and Commission Members. (PLEASE LIMIT COMMENTS TO 3 MINUTES) () I do not wish to address the Chairman and Commission Members ,but do wish to register my opinion. OPINION / SPEAKER REGISTRATION FORM Welcome to the Planning and Zoning meeting. Your presence and participation are appreciated. You may make your opinion known on an issue and/or register to speak to the Chairman and. Commission Members. Please turn this form in at the staff table to be forwarded to the Chairman. Please step to the podium as soon as you are recognized by the Chairman and state your name and address before beginning your presentation. If you have written notes or other material you wish to present to the Chairman and Commission, please furnish an extra copy for the official files. Name: h s' Address: 3 (, Z 7 � 55 C � City /State /Zip: �hn�- � ?X4 S � S�v Regarding Agenda Item No. �/ P & Z Meeting Date: /0 - Subject: ()For (,l�Against Comments: (Use back if necessary) .js 5k /4.,�- t r () I wish to address the Chairman and Commission Members. (PLEASE LIMIT COMMENTS TO 3 MINUTES) ( ) I do not wish to address the Chairman and Commission Members , but do wish to register my opinion. CITY OF ANNA, TEXAS ORDINANCE NO. (Sister Grove Estates Zoning Change SF-E to C-1 located on State Highway 121 and northeast of the Collin County Outer Loop) 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 $2000 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, the Planning and Zoning Commission of the City 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 and generally 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 of the tract described in Exhibit A, attached hereto and made an integral part of this ordinance, from Single Family Estates (SF-E) to (C-1) Restricted Commercial District Zoning. Section 2. All regulations pertaining to the Restricted Commercial District (C-1) or amended shall be applicable to this Tract. Section 3. The official Zoning Map of the City of Anna shall be corrected to reflect the change in zoning described herein. Section 4. All ordinances of the City of Anna in conflict with the provisions of this ordinance are repealed to the extent of that conflict. Section 5. This Ordinance shall take effect immediately from and after its passage and the publication of the caption of said ordinance as the law in such case provides. PASSED by the City Council of the City of Anna, Texas, this 25" day of October, 2016 ATTESTED: APPROVED: City Secretary Carrie L. Smith Mayor, Mike Christ EXHIBIT A PROPERTY DESCRIPTION WHEREAS Hannibal Shelton Boone and Van Lawrence are the owners of a tract of land situated in the City of Anna, Collin County, Texas, being in the Hiram Brinlee survey, abstract no. 30, being a survey of part of Lots 1, 2, & 3 of Sister Grove Estates, recorded in volume N, page 37 of the plat records of Collin County, Texas; being described by metes and bounds as follows: BEGINNING at a'/2 inch iron pin set at the northwest corner of said Lot 3; THENCE easterly with the north line of said Lot 3 as follows: North 80'09'17" East, 21, 90 feet; South 75°48'38" East, 33, 14 feet; North 80o24'37" East, 33.45 feet to the northeast corner of said Lot 3; a'/2 -inch iron pin set bears South 26°1T35" East, 50,000 feet; THENCE South 26°1 T35" East, with the east line of said Lot 3, 626.26 feet to an iron pin found with an aluminum cap at the northeast corner of the 1.079 acre tract recorded as clerk's file no. 20131028001467990; same being in the northwest right-of-way line of State Highway 121; THENCE South 51 °28'42" West, with the northwest right-of-way line of said State Highway 121 and the southeast line of said 1.079 acre tract. 456.98 feet to a'/2 -inch iron pin set as the northwest corner of said 1.079 acre tract; same being in the west line of said Lot 1; THENCE North 00°27'55" West, with the west line of said Lot 1, passing the north corner of said Lot 1 and the southwest corner of said Lot 2 at 380.06, continuing with the west line of said Lot 2, passing the north corner of said Lot 2 and the southwest corner of said Lot 3 at 703.67 feet and continuing with the west line of said Lot 3, in all, 848.34 feet to the PLACE OF BEGINNING and containing 4.053 acres. I Item No. 7. City Council Agenda Staff Report Meeting Date: 10/25/2016 YOUR) HOMETOWN AGENDAITEM: Consider/Discuss/Action regarding a Resolution authorizing the City Manager to execute an Interlocal Agreement between Collin County and the City of Anna regarding the construction of trails at Natural Springs Park. (Maurice Schwanke) SUMMARY: The City has received a matching grant for trail construction at a project cost of $45,000 at Natural Springs Park. The funds will be from the Collin County Parks and Open Space Project Funding Assistance Program. The trails to be constructed would be to tie into the sidewalk being constructed along West White Street on both sides of the existing pond. The City has several options for the local match such as the value of existing owned land, funds used for pond dredging, or Park Trust Funds. The approval of the Interlocal Agreement with Collin County and the signing by both the City and County are required prior to beginning the project. STAFF RECOMMENDATION: Approval of the Resolution ATTACHMENTS: Description Upload Date Type Resolution approving ILA with Collin County 10/14/2016 Resolution Exhibit 1, ILA 10/14/2016 Exhibit CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN COLLIN COUNTY, TEXAS, AND THE CITY OF ANNA, TEXAS WHEREAS, the Interlocal Cooperation Act (Texas Government Code Chapter 791) authorizes any local government to contract with one or more local governments to perform governmental functions and services under the terms of the Act; and WHEREAS, the City Council of the City of Anna, Texas ("City Council") has approved the Interlocal Agreement between Collin County and the City of Anna ("Agreement") concerning the Natural Springs Park Trail Construction Project; and WHEREAS, the City Council has determined that the Agreement with Collin County, Texas (the "County") will benefit the residents of both the County and the City of Anna, Texas (the "City"); and WHEREAS, the City Council has determined that it is in the best interest of the City and its citizens to authorize, ratify and approve the City Manager's execution of said Agreement; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. The City of Anna City Council hereby approves the Agreement, attached hereto as Exhibit 1, incorporated herein for all purposes and authorizes the City Manager to execute same on its behalf. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 25t" day of October, 2016. ATTEST: APPROVED: Carrie L. Smith, City Secretary Mike Crist, Mayor PAGE 1 OF 1 INTERLOCAL AGREEMENT BETWEEN COLLIN COUNTY AND THE CITY OF ANNA WHEREAS, the County of Collin, Texas ("County") and the City of Anna ("City") desire to enter into an Agreement concerning improvements to Natural Springs Park in the City of Anna, Collin County, Texas; and WHEREAS, the Interlocal Cooperation Act (Texas Government Code Chapter 791) authorizes any local government to contract with one or more local governments to perform governmental functions and services under the terms of the Act; and WHEREAS, the City and County have determined that the improvements may be constructed most economically by implementing this Agreement; and WHEREAS, the City and the County find that this Agreement will benefit the residents of the County and provide additional park and recreational facilities and open space for all County residents; and WHEREAS, this Agreement will support or advance the mission of the Collin County Parks and Open Space Strategic Plan; NOW, THEREFORE, this Agreement is made and entered into by the County and the City upon and for the mutual consideration stated herein. WITNESSETH: ARTICLE I. The City shall arrange for improvements to Natural Springs Park, hereinafter called the "Project". ARTICLE II. The City shall prepare plans and specifications for improvements, accept bids, award a construction contract and administer the construction contract in accordance with all state statutory requirements. The City shall provide the county with a copy of executed construction contract(s) for the Project. All improvements shall be in accordance with the plans and specifications approved by the City. Changes to the Project which alter the initial funding set forth in Exhibit "A" must be reviewed by the Parks Foundation Advisory Board and approved by Commissioners Court. ARTICLE III. The City will not expend assistance funds to acquire easements or real property for use as right -of --way. 1 ARTICLE IV. The City estimates the total actual cost of the Project to be $579,000.00. The County agrees to fund a portion of the total cost to construct improvements described in Exhibit "A" in an amount not to exceed $45,000.00. The County shall reimburse the City for invoices paid by the City for costs related to items described in Exhibit "A" on a dollar for dollar matching basis. Should the City receive funding or reimbursement from third party sources for items described in Exhibit "A", then the County's matching obligations shall be calculated so as to exclude such third -party funding amounts. Alternative payment schedules would require Commissioners Court approval. ARTICLE V. Collin County's dollar for dollar matching participation in this project shall not exceed $45,000.00 as indicated in Article IV above. The City shall be responsible for any costs, which exceed the total estimated project cost. ARTICLE VI. The City shall install a project sign identifying the project as being partially funded by the Collin County 2007 Parks and Open Space Bond Program. The City shall also provide before, during and after photos and quarterly progress reports in electronic format or via US mail to the contact identified on Exhibit "A". Following completion of the project, the City shall provide an itemized final accounting of expenditures including mmkind services or donations for the project. All projects for which the County has provided funds through its 2007 Parks and Open Space Bond Program must remain open and accessible to all County residents. ARTICLE VII. The City and County agree that the party paying for the performance of governmental functions or services shall make those payments only from current revenues legally available to the paying party. ARTICLE VIII. INDEMNIFICATION. To the extent allowed by law, each party agrees to release, defend, indemnify, and hold harmless the other (and its officers, agents, and employees) from and against all claims or causes of action for injuries (including death), property damages (including loss of use), and any other losses, demands, suits, judgements and costs, including reasonable attorneys' fees and expenses, in any way arising out of, related to, or resulting from its performance under this Agreement, or caused by its negligent acts or omissions (or those of its respective officers, agents, employees, or any other third parties for whom it is legally responsible) in connection with performing this Agreement. ARTICLE IX. VENUE. The laws of the State of Texas shall govern the interpretation, validity, performance and enforcement of this Agreement. The parties agree that this Agreement is performable in Collin County, Texas and that exclusive venue for any disputes arising under this Agreement shall lie in Collin County, Texas. ARTICLE X. SEVERABILITY. The provisions of this Agreement are severable. If any paragraph, section, subdivision, sentence, clause, or phrase of this Agreement is for any reason held by a court of competent jurisdiction to be contrary to law or contrary to any rule or regulation having the force and effect of the law, the remaining portions of the Agreement shall be enforced as if the invalid provision had never been included. ARTICLE XI. ENTIRE AGREEMENT. This Agreement embodies the entire Agreement between the parties and may only be modified in writing executed by both parties. ARTICLE XII. SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon the parties hereto, their successors, heirs, personal representatives and assigns. Neither party will assign or transfer an interest in this Agreement without the written consent of the other party. ARTICLE XIII. IMMUNITY. It is expressly understood and agreed that, in the execution of this Agreement, neither party waives, nor shall be deemed hereby to have waived any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. By entering into this Agreement, the parties do not create any obligations, express or implied, other that those set forth herein, and this Agreement shall not create any rights in parties not signatories hereto. ARTICLE XIV. TERM. This Agreement shall be effective upon execution by both parties and shall continue in effect annually until final acceptance of the Project. ARTICLE XV. The declarations, determinations and findings declared, made and found in the preamble to this Agreement are hereby adopted, restated and made part of the operative provisions hereof. 3 APPROVED AS TO FORM: COUNTY OF COLLIN, TEXAS By: By• Name: Name, Keith Self Title: Title: County Judge Date: Date: ATTEST: ame. N Title: Date. APPROVED AS TO FORM: Name. Title: Date: Executed on this day of , 20 _, by the County of Collin, pursuant to Commissioners' Court Order No, County Bond Project 07PG85 CITY OF ANNA Name: Title: Date: ecuted Exon behalf of the City of Anna pursuant to City Council Resolution No. 0 EXHIBIT "A" The County will provide funding assistance for the following: ❑ Trail construction (Item 1) Total funding Contact Information Request for reimbursement submitted to: Collin County Special Projects Teresa Nelson 4690 Community Avenue, Suite 200 McKinney, Texas 75071 9 /Zm54&3744 Submission of electronic photos and quarterly reports: Teresa Nelson tnelson r collincUUILLVtexas.,ov $45,000.00 Proiect Manager Contact: (must be able to answer specific questions regarding project) Name: Address: Phone: Fax: Email: 5 I Item No. 8. City Council Agenda Staff Report Meeting Date: 10/25/2016 YOUR) HOMETOWN AGENDAITEM: Consider/Discuss/Action regarding an Ordinance replacing Ordinance No. 343-2007 authorizing the Anna Fire Department to charge the cost of certain emergency and rescue services within the response area of the Anna Fire Department. (Chief Gothard) SUMMARY: In 2007 the City Council approved an ordinance that established a revenue recovery program that allows the Fire Department to recover a portion of the cost of responding to certain prolonged events such as motor vehicle accidents, hazardous materials spills, etc. In many cases, persons or entities requiring emergency service resulting from a major incident have insurance coverage that will partially reimburse the City for costs associated with the use, loss, damage and wear and tear to the tools, equipment and materials used in connection with rendering emergency services. Residents of the City of Anna, receiving emergency services rendered by the Anna Fire Department are exempt from the service charges and revenue recovery plan provided for in the Ordinance. Calls for service at single family structure fires within the Anna city limits, and first responder/medical assist calls to a residence (not involving a motor vehicle) within the Anna city limits are also exempt from the service charges. Any commercially owned, operated, or zoned property is not exempt. Earlier this year, Revenue Rescue, the company that had previously been approved for billing for services, went out of business. While researching companies that could replace Revenue Rescue, Staff reviewed the 2007 Ordinance and is recommending that a couple of issue be addressed in a revised Ordinance. 1. The revised Ordinance replaces language that referred to the Anna Volunteer Fire Department with the Anna Fire Department. 2. While most of the fees will remain the same as previously approved in the 2007 ordinance, the revised Ordinance adopts a new fee schedule with a few changes. (the 2007 Ordinance and fee schedule is provided with this staff report for comparative purposes) The general exemptions forAnna residents remain the same. STAFF RECOMMENDATION: Staff recommends approval of this revised Ordinance. ATTACHMENTS: Description Fire department cost recovery ordinance Exhibit A, Fee Schedule Original Ord. No. 343-2007 Upload Date Type 10/18/2016 Ordinance 10/18/2016 Exhibit 10/18/2016 Backup Material CITY OF ANNA, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF ANNA, TEXAS REPLACING ORDINANCE NO. 343-2007 AUTHORIZING THE ANNA FIRE DEPARTMENT TO CHARGE THE COST OF CERTAIN EMERGENCY AND RESCUE SERVICES WITHIN THE RESPONSE AREA OF THE ANNA FIRE DEPARTMENT. WHEREAS, the Anna Fire Department provides fire suppression, emergency and rescue services to, in and around the City of Anna, Texas (the "City"); and WHEREAS, the Anna Fire Department is equipped with and utilizes certain apparatus, emergency tools, equipment and materials as a means of saving lives and property; and WHEREAS, the purchase, repair and replacement of said tools, equipment and materials for the Anna Fire Department is a significant expense for the City; and WHEREAS, the Anna Fire Department has requested that the City Council of the City of Anna, Texas (the "City Council") establish a revenue recovery plan through which certain beneficiaries of the services of the Anna Fire Department are required to pay a fair and reasonable share of the cost of loss and wear and tear to apparatus, tools, equipment and materials used and the cost of the specialized training provided to the firefighters of the Anna Fire Department in the use of such tools, equipment and materials, so that a safe and appropriate level of service can be maintained and made available to the City; and WHEREAS, the persons or entities requiring emergency services of the Anna Fire Department and for whom the referenced apparatus, tools, equipment and materials have been utilized have insurance coverage that will reimburse the costs associated with the use, loss, damage and wear and tear to said tools, equipment and materials incurred in connection with the act of rendering emergency services to said persons or entities. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. The City of Anna recognizes and supports the right of the Anna Fire Department to bill persons and entities, including insurance companies that provide insurance coverage to said persons and entities, for the reasonable costs that are related to the use, loss, damage and wear and tear to said apparatus, tools, equipment and materials necessary to provide the emergency services rendered to said persons and entities subject to the exemptions and limitations set forth in this ordinance. 1. Section 2. Fees shall be collected for services provided by the Anna Fire Department both inside and outside the City Limits of Anna in accordance with "Exhibit A" attached hereto. Fire Administration shall utilize applicable incident report information that will be forwarded to the Anna Fire Department's authorized agent for the collection of fees. Section 3. The Anna Fire Department, or their authorized agent, shall submit an invoice to the person, entity or relevant insurance company covering the particular loss for the emergency services rendered. If it can be reliably determined that there is no insurance coverage for a particular emergency call which causes the Anna Fire Department to use or incur loss, damage and wear and tear to apparatus, tools, equipment and materials the Anna Fire Department may collect any such fees from the person or entity that received said emergency services or the person or entity responsible for the debts and obligations of the person or entity that received such emergency services. Section 4. Residents of the City of Anna, receiving emergency services rendered by the Anna Fire Department are hereby exempted from the Anna Fire Department service charges and revenue recovery plan contained herein. Any commercially owned, operated, or zoned property shall not be eligible for said exemption. Section 5. Calls for service at residential structure "single family residence" fires within the Anna City limits shall not be subject to any of the Anna Fire Department service charges contained herein. First Responder/Medical Assist calls to a residence, i.e., not involving a motor vehicle, within the Anna City Limits are hereby exempted from the Anna Fire Department service charges contained herein. Section 6. This ordinance shall be cumulative of all provisions of ordinances of the City of Anna, Texas, except where the provisions of this Ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed, and are no longer of any force and effect. Section 7. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid by the final valid judgment or decree of any court of competent jurisdiction, such invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this ordinance, since it would have been enacted by the City Council without the incorporation in this ordinance of any such invalid phrase, clause, sentence, paragraph or section. Section 8. This Ordinance replaces and supersedes City of Anna, Texas Ordinance No. 343-2007. Section 9. This Ordinance shall be in full force and effective upon the posting and/or publication, if required by law, of its caption and the City Secretary is hereby directed to implement such posting and/or publication. PASSED by the City Council of the City of Anna, Texas, this the 25t" day of October, 2016. ATTEST: APPROVED: Carrie L. Smith City Secretary Mike Crist Mayor Exhibit — Fee Schedule Ordinance # Exhibit A The following fees shall be assessed and collected for the use of apparatus, tools, equipment, and materials: ITEMS TO BE BILLED PER HOUR: "The minimum usage charge for any item on this list is one hour, and for any additional hours or portion thereof, the charge will be prorated accordingly. Unit of Measure Apparatus Price per Hour Per Engine Class A Engine $500.00 Per Aerial Aerial $500.00 Per Rescue Unit Rescue $400.00 Per Brush Truck Brush Truck $400.00 Per Command unit Command Car / Truck $200.00 Per Support Vehicle Utility /Support $100.00 Per P.P.V. fan P.P.V. fan $55.00 Per Generator Generator - portable $55.00 Per Saw Chain saw $45.00 Per Pump Portable Pump $95.00 Per Pump Floating $65.00 RESOLUTION PAGE 1 OF 3 FIRE EQUIPMENT Tool Price Unit of Measure Foam Nozzle $55.00 Per Incident Foam Eductor $50.00 Per Incident AFFF Foam $40.00 Per Gallon Class A Foam $25.00 Per Gallon Piercing Nozzle $40.00 Per Incident M/S Fog Nozzle $55.00 Per Incident M/S Straight Bore Nozzle $30.00 Per Incident Salvage Cover $28.00 Each Used SCBA Pack $85.00 Each Used Hall Runner $18.00 Per Incident Portable Tank $75.00 Per Incident Water Extinguisher $22.00 Per Incident Dry Chemical Extinguisher $45.00 Per Incident CO2 Extinguisher $45.00 Per Incident Scene Lights $22.00 Each Used Water Vest $30.00 Each Used Thermal Imaging Camera $75.00 Per Incident Heat Detection Gun $75.00 Per Incident Sawzall $55.00 Per Incident RESCUE EQUIPMENT Tool Price Unit of Measurement Spreaders $250.00 Per Incident Cutters $250.00 Per Incident Rams $250.00 Per Incident Air Bags $250.00 Per Incident Rescue Jacks $250.00 Per Incident K-12 Saw $55.00 Per Incident Target Saw $55.00 Per Incident Ajax Tool $25.00 Per Incident K-Tool $25.00 Per Incident Windshield Tool $15.00 Per Incident Rescue Blanket $32.00 Each Used Rope $25.00 Each Used RESOLUTION PAGE 2 OF 3 HAZARDOUS MATERIAL EQUIPMENT Supplies / Service Price Unit of Measurement Absorbent $17.00 Per Bag Absorbent Booms $40.00 Each Used Top Sol $35.00 Each Used Disposal Coveralls $30.00 Each Used Neoprene Gloves $20.00 Each pair Used Latex Gloves $6.00 Each pair Used Over Boots $25.00 Each Used Disposable Goggles $15.00 Each Used Gas Plug Kit $50.00 Each Used Plg & Dike $65.00 Each Used Drum Liners $10.00 Each Used Barricade Tape $22.00 Each Used Poly Sheeting $55.00 Each Used Removal of Hazardous Material $150.00 Per Incident Disposal of Hazardous Material $150.00 Per Incident Multi Gas Detector $65.00 Per Incident CO2 Meter $65.00 Per Incident Terrazyme $70.00 Each Used Micro blaze $10.00 Per Quart Micro Blaze $150.00 Per 5 gallons Collision Investigation Fee of two hundred seventy -five dollars ($275.00) to be charged in responses where no mitigation services, debris removal, or rescue services are performed. RESOLUTION PAGE 3 OF 3 CITY OF ANNA., TEXAS ORDINANCE NO. 343- 007 AN ORDINANCE OF THE CITY OF ANNA, TEXAS AUTHORIZING THE ANNA VOLUNTEER FIRE DEPARTMENT TO CHARGE THE COST OF CERTAIN EMERGENCY AND RESCUE SERVICES WITHIN THE RESPONSE AREA OF THE ANNA VOLUNTEER FIRE DEPARTMENT. WHEREAS. the Anna Volunteer Fire Department provides fire suppression, emergency, and rescue services to, in ,and around the City of Anna, Texas; and WHEREAS, the Anna Volunteer Fire Department is equipped with and utilizes certain apparatus, emergency tools, equipment, and materials as a means of saving lives and property, and WHEREAS, the purchase, repair and replacement of said tools, equipment, and materials for the Anna Volunteer Fire Depprtrnent is a significant expense for the City of Anna, Texas; and WHEREAS, the Anna Volunteer Fire Department has requested that the City Council of the City of Anna establish a revenue recovery plan through which beneficiaries of the services of the Anna Volunteer Fire Department are required to pay a fair and reasonable share of the cost of loss and wew and tear to apparatus, tools, equipment. and materials used and the cost of the specialized training provided to the firefighters of the Anna 'Volunteer Fire Department in the use of such tools, equipment, and materials, so that a safe and appropriate level of service can be maintained and made available to the errs; and WHEREAS, the persons or entities requiring emergency services of the Anna Volunteer Fire Department and for whom the referenced apparatus, tools, equipment, and materials have been utilized have insurance coverage that will reimburse the costs associated with the use, Iossr damage and wear and tear to said tools, equipment, and materials incurred in connection with the act of rendering emergency services to said persons or entities. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA., TEXAS, THAT: Section 1: The City of Anna recognizes and supports the right of the Anna Volunteer Fire Department (a separate and distinct entity, not park of the City of Anna) to kill persons and entities, including insurance companies that provide insurance coverage to said persons and entities, for the reasonable costs that are related to the use, loss, damage, and wear and tear to said apparatus, tools, equipment, and materials necessary to provide the emergency services rendered to said persons and entities subject to the exemptions and limitations set forth in this ordinance, Ord. Na_ 343-2007 Anna VrT] Revenue Recavcn- 111an_dac_ 1 04? -14-k7 Section 2: Fees shall be collected for services provided by the Anna Volunteer Fire Department both inside and outside the City Limits of Anna in accordance with "Exhibit A„ attached hereto_ Fire Administration shall utilize applicable incident report infofrnation that will be forwarded to the Anna Volunteer Fire: Departments authorized agent for the collection of fees - Sec ti on : The Anna Volunteer Fire Uepartment, or their authorized agent, shadI submit an invoice to the person, entity or relevant insurance company covering the particular loss for the emergency services rendered_ If it can be reliably determined that there is no insurance coverage for a particular emergency call which causes the Anna Volunteer Fire Department to use or incur loss, damage, and wear and tear to apparatus, tools, equipment, and materials the Anna Volunteer Fire Department may collect any such fees from the person or entity that received said emergency services or the person or entity responsible for the debts and obligations of the person or entity that received such emergency services_ Section 4; Residents of the City of Anna, receiving emergency services rendered by the Anna Volunteer Fire Department are hereby exempted from the Anna Volunteer Fire Department service charges and revenue recovery plan contained herein. Any commercially owned, operated, or zoned property shall not be eligible for said exemption, Section & Calls for service at residential structure "single family residence" fire$ within the Anna City limits shall not be subject to any of the Anna Volunteer Fire Department service charges contained herein. First Responder/Medical Assist calls to a residence, i_e., not involving a motor vehicle, within the Anna City Limits are hereby exerpted from the Anna Volunteer Fire Department service charges contained hEerein_ Section B: This ordinance shall be cumulative of all provisions of ordinances of the City of Anna. Texas, except where the provisions of this Ordinance are in direct conflict "th the previsions of such ardinances, in which event the conflicting provisions of such ordinances are hereby repealed,' and are no ,longer of any force and effect. Section 7: It is hereby declared to be the intention of the City Council that the phrases_ clauses, sentences, paragraphs, and sections of this ordinance are severable_ and if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared invalid by the final valid judgment or decree of any court of competent jurisdiction. such invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this ordinance, since it would have been enacted by the City Council without the incorporation in this ordinance of any such invalid phrase, clause. sentence: paragraph,. or section. Section 8: This ordinance shall take effect immediately from and after its passage and the pubiication of the captivnr as the law in such oases provides. PASSED AND APPROVED BY ORDER OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS ON THIS THE 14th DAY OF AUGUST. 2007. AYE 7 NAY 0 ABSTAIN 0 Ord. No. 343-2007 Anna VFD Rcvmuc Rmovcry Plan.doc_ 2 08-] 4-07 ATTEST - fiat a V ilkison, City Sedetary 4k;y5Jkj 111411 ftll," 0Ex fflfllf/IIJ1115h151X;} �nPelha�,-yor ord. No. 343-2007 Anna VFD Revonue Rexavery Flart_dac_ 3 08-14-07 Exhibit A Ordinance No. 43-2007 The following fees shall he assessed and oollected for the use of apparatus. tools, equipinent. and materials; ITEMS TO BE BILLED ON AN HOURLY BASIS.. `The minimum usage charge for any item on this list is one hour, and or any additional Fours or portion thereof, the charge will be prorated ccordirr Iv. Unit of Measure Apparatus Prices per Hour*" Per Engine Class A Engine $500.0Q Per Aerial Aerial $500.0 Per Rescue unit Rescue(Heavy) $600_I Per Brush unit Per ommand unlit Brush Truck S400.0C $2Q0.0 CommandCar/Truck Per PPV fan PPV Fars $55_0 Per Generator Generator, Portable $55.00 Per Generator Generator $55.00 Per Saw Chain Saw $45.0 Per Pump Portable Pump 95_0 Per Pump Float Pump $65.0q FIRE E C IP EN T Tool price Unit of Measurement Foam Nozzle $55_00 Per Incident oam Edu for $50.00 Per Incident FFF Foam $40,00 Per Gallon lass A Foam $25_69 Per Gallon iereing Nczzie $40,00 Per Incident MIS Fog Nozzle $55.00 Per Incident MIS Straight Bore Nozzle $30,00 Per Incident Salvage Dover 28.00 Each Used OBA Pack $85,00 Each Used Hall Runner $18.00 Per Incident Portable Tanis $75.00 Per incident Water Extin uish—er $22,00 Per Incident Dry Chemical Extinguisher $45,00 Per Incident CO2 Extinguisher $45.00 Per Incident cene Lights $22.00 $3Q,00 Each Used I Each Used Ater Nests Thermal Imaging Camera $76.60 Per Incident Heat Detection Gun $75,00 Per Incident awzall $55,00 Per Incident 1 Or. NG- 343-1007 Anna V FD Revenue Recovery Plnn.doc. 4 08-1"7 HAZARDOUS MATERIAL U1 IVfEI1T UPPIieSIS-'rvice Price Unit of Measurement Absorbent $17,0q Per Bag Absorbent Booms $40,00 Each Used Top Sol $35.01 Each Used Disposable Coveralls $30.00 Each Used Neoprene Gloves $20-0 Each Used ex Gloves $6,0 Each Used ver Mots $ 5.0 Each Used Disposable Goggles $15, Each Used as Plug Kit 50-0 Each Used Plug and Dike $65.0 Each Used Drum Liners, $10.0 Each Used Barricade Ta $22,0C Each Used 'Poly Sheeting $55.0 Each Used [Removal of Hazardous Material $150.0 Per Incident Disposal of Hazardous Material $150-0 Per Incident Gas Multi Meter $65. Per Incident Meter $65,0 Per incident errazyrna $70. Each Used Microblaze $10.Oq Per Ouart Mierobiaze $150,00 Per 5 gallons FESCUE EQUIPMENT Tool Price Unit of - Measurement ,Spreaders $50.0 Per Incident uttefs $260,OC Per incident Rams$250.00 Per Incident Bags, $0.0 Per Incident 1 _Samar 55.0 Per Incident Target Saw $55,00 Per Incident lax Too] $25A0 Per Incident -Tool $25,00 Per Incident Windshield Tool $15.00 Per incident Rescue Blanket $. Each Used Roe 5A Each l Ned i AOS�46 Collision Investigation Fee (to be charged in responses where no mitigation services, debris removal, or rescue services are performed): $275.00 Ord. -No, 343-2007 Anna VFD R mnuc Rcwvery Plan,doc, 5 08- f 4 _Q'? I Item No. 9. City Council Agenda Staff Report Meeting Date: 10/25/2016 YOUR) HOMETOWN AGENDAITEM: Consider/Discuss/Action regarding a Resolution approving the Collin County Hazard Mitigation Action Plan, September 2016. (Chief Gothard) SUMMARY: In 2011, Collin County, in cooperation with six other local government jurisdictions, adopted a Hazard Mitigation Action Plan. The Plan complies with the federal Disaster Mitigation Act (DMA 2000) and makes the participating entities eligible to apply for federal aid, technical assistance, and post -disaster hazard mitigation project funding. The 2016 Hazard Mitigation Plan is an update of the original 2011 Plan that included the participation of Collin County, and nineteen cities (including Anna). Emergency Management representatives from the participating agencies started meeting in 2014 to identify and prioritize risk factors throughout the county and the nineteen participating cities. Once identified and prioritized, preventative measures were discussed that would mitigate these risk. The implementation of this Plan will make Collin County more disaster -ready and resilient. The 2016 Plan has been approved by the North Central Texas Council of Governments (NCTCOG) pending adoption by FEMA. In order for the Plan to receive Final FEMA approval, each participating jurisdiction must pass a resolution adopting the Plan. Use the following link to view the full Plan: 2016 Hazard Mitigation Plan STAFF RECOMMENDATION: Cheif Gothard worked with the County's planning team on this Plan. Staff recommends approval of the attached Resolution. ATTACHMENTS: Description Upload Date Type Resolution 10/20/2016 Resolution CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS APPROVING THE COLLIN COUNTY HAZARD MITIGATION ACTION PLAN, SEPTEMBER 2016 WHEREAS, the City of Anna, Texas (the "City") recognizes the threat that natural hazards pose to people and property within Collin County; and WHEREAS, the County of Collin (the "County") has prepared a multi -hazard mitigation plan, hereby known as Collin County Hazard Mitigation Action Plan, September 2016, in accordance with the Disaster Mitigation Act of 2000; and WHEREAS, Collin County Hazard Mitigation Action Plan, September 2016 identifies mitigation goals and actions to reduce or eliminate long-term risk to people and property in the City of Anna, Texas from the impacts of future hazards and disasters; and WHEREAS, adoption by the City Council of the City of Anna, Texas (the "City Council") demonstrates their commitment to hazard mitigation and achieving the goals outlined in the Collin County Hazard Mitigation Action Plan, September 2016. NOWTHEREFORE, BE IT RESOLVED BYTHE CITY COUNCIL OF THE CITY OF ANNA, THAT: Section 1. The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. The City Council hereby adopts the Collin County Hazard Mitigation Action Plan, September 2016, attached hereto as Exhibit 1. PASSED AND APPROVED by the City Council of the City of Anna this 25t" day of October 2016. ATTEST: APPROVED: Carrie L. Smith, City Secretary Mike Crist, Mayor I Item No. 10. City Council Agenda Staff Report Meeting Date: 10/25/2016 YOUR) HOMETOWN AGENDAITEM: Consider/Discuss/Action regarding a Resolution finding a public necessity and authorizing the City Staff to use lawful means, including negotiations and if necessary proceedings in eminent domain, to acquire an easement on private property owned by Testamentary Trust c/o Addison Wilson III. (Joseph Johnson) SUMMARY: The City is working on the design and construction of a new water main line that is necessary to accommodate the current and future growth of our city. The water line will run parallel to Foster Crossing Road between Pecan Grove Dr. and the DART rail road just east of SH 5 (Powell Parkway). In order to construct this water line, the City will need to acquire an easement across property owned by Testamentary Trust c/o Addison Wilson III. The attached resolution authorizes Staff to negotiate, and, if necessary, initiate the use of eminent domain to acquire the needed easement. STAFF RECOMMENDATION: Staff recommends approval of the attached Resolution. A motion to approve the resolution should be made precisely as follows as prescribed by law: "I move that the City of Anna, Texas authorize the use of the power of eminent domain to acquire 0.038 acres of land, more or less, for a permanent water line easement, and 0.038 acres of land, more or less, for a temporary construction easement, said tracts located in the R. C. Ingraham Survey, Abstract No. 464, and the G. Stark Survey, Abstract No. 798, Collin County, Texas, and being over, under and across a called 25.08 acre tract of land conveyed to Testamentary Trust c/o Addison Wilson III by deed recorded in Document Number 20091215001497350 of the Deed Records of Collin County, Texas (D.R.C.C.T.), said 0.038 acres and 0.038 acres 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." ATTACHMENTS: Description Upload Date Type Testamentary Trust Resolution 10/17/2016 Resolution Exhibit A 10/3/2016 Exhibit CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, FINDING THAT A PUBLIC NECESSITY EXISTS FOR ACQUISITION OF A PERMANENT WATER LINE EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT PROVIDING LIMITED RIGHTS ON AND UNDER 0.038 ACRES OF REAL PROPERTY, MORE OR LESS, AND 0.038 ACRES OF REAL PROPERTY, MORE OR LESS; AUTHORIZING THE CITY MANAGER, STAFF, CONTRACTORS, AND THE CITY'S ATTORNEYS TO ACQUIRE SAID EASEMENTS BY ANY LAWFUL MEANS, INCLUDING BUT NOT LIMITED TO NEGOTIATIONS, AND, IF NECESSARY, PROCEEDINGS IN EMINENT DOMAIN; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Anna plans to construct and/or install water lines and associated facilities to meet the public need to provide water system improvements to benefit the City of Anna, its citizens and the general health, safety and welfare; and WHEREAS, it is necessary to acquire a certain permanent water line easement and temporary construction easement not now held by the City of Anna for such water system improvements; and WHEREAS, it is necessary for the City to use its authority to pursue negotiations for the acquisition of said easements and/or to pursue the easements under power of eminent domain; and WHEREAS, the City Council of the City of Anna, Texas ("City Council"), after careful consideration, finds that a public necessity exists for acquisition of a permanent water line easement and a temporary construction easement, providing limited rights on and under 0.038 acres of real property, more or less, and 0.038 acres of real property, more or less, which is more particularly described in Section 2 of this resolution, for the purposes of installation, maintenance, replacement, and/or repair of water lines, and benefiting the public health, safety and welfare; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Incorporation of Recitals; Purpose 1.01 The City Council finds that the above -stated recitals are true and correct and said recitals are incorporated herein as if set forth in full for all purposes. 1.02 This resolution is intended to comply in all respects with Texas Government Code § 2206.001, et seq., Texas Local Government Code § 251.001, et seq., RESOLUTION NO. PAGE 1 OF 3 and Texas Property Code § 21.001 et seq., to the extent the provisions of such statutes are applicable. 1.03 The City Council, by this resolution, intends, if necessary, to exercise the City's powers of eminent domain under Texas Local Government Code § 251.001 and any and all other applicable statutes. Section 2. Easements to be Acquired 2.01 The necessary permanent water line easement sought to be acquired will provide limited rights on and under a portion of a tract, said portion totaling approximately 0.038 acres of real property (the "Water Line Easement"), held by Testamentary Trust c/o Addison Wilson III and/or others. Said approximate 0.038 acres of real property is generally aligned and described in Exhibit A, attached to this resolution and incorporated herein by reference as if fully set forth for all purposes. The precise permanent easement to be acquired may differ from what is shown in said alignment and description but said alignment and description approximates the general route and general area of the permanent water line easement. 2.02 The necessary temporary construction easement sought to be acquired will provide limited rights on and under a portion of a tract, said portion totaling approximately 0.038 acres of real property (the "Temporary Construction Easement"), held by Testamentary Trust c/o Addison Wilson III and/or others. Said approximate 0.038 acres of real property is generally aligned and described in Exhibit A, attached to this resolution and incorporated herein by reference as if fully set forth for all purposes. The precise temporary easement to be acquired may differ from what is shown in said alignment and description but said alignment and description approximates the general route and general area of the temporary construction easement. Section 3. Finding of Public Necessity and Authorization to Take Action 3.01 The City Council finds a public necessity for the public welfare and convenience to acquire the Water Line Easement and the Temporary Construction Easement identified in Section 2, above, for the purpose of constructing, laying, maintaining, repairing and/or replacing water lines. The City Council authorizes the City Manager, City staff and/or City consultants or contractors, and, Wolfe, Tidwell & McCoy, LLP, attorneys, and other legal counsel if determined necessary by said attorneys, to acquire the needed Water Line Easement and the Temporary Construction Easement by any lawful means RESOLUTION NO. PAGE 2 OF 3 including but not limited to negotiations with landowners and, if necessary, proceedings in eminent domain. 3.02 The City Council by this resolution directs the City Manager, his staff, and Wolfe, Tidwell & McCoy, LLP, attorneys and other legal counsel if determined necessary by said attorneys, —as necessary and in the appropriate sequence —to have the Water Line Easement and the Temporary Construction Easement appraised by a certified appraiser, to send the landowner(s) a copy of the appraisal and the landowner's bill of rights statement, to enter into good -faith negotiations with the landowner(s), to make a bona -fide offer and make any necessary initial and final monetary offers in an attempt to acquire the Water Line Easement and the Temporary Construction Easement consistent with the appraisal(s), when appropriate, and to convey the City's desire to acquire the Water Line Easement and the Temporary Construction Easement in an efficient manner, and, if necessary, to institute proceedings in eminent domain and take all necessary actions in such proceedings to condemn and acquire the Water Line Easement and the Temporary Construction Easement. The City Council hereby authorizes and ratifies any such actions taken thus far, and hereby further asserts its full authority, to the greatest extent provided by law, to acquire the Water Line Easement and the Temporary Construction Easement identified in Section 2, above. Section 4. Effective Date. This resolution shall take effect immediately upon its passage. PASSED AND APPROVED by the City Council of the City of Anna, Texas, this 25t" day of October, 2016. ATTESTED: APPROVED: City Secretary Carrie L. Smith Mayor Mike Crist Exhibit RESOLUTION NO. PAGE 3 OF 3 Gf. foster Crossing Road {rater• Line Testamentary Trust c%Addison Wilson III EXH1Iii'T 'r A" F`TELID NQTE I)ESCRIPTIQN I'ERiVIANENT WATER LINE EASENTENT CITY OF ANNA, TEXAS Parcel No. 12 2/S/2016 Being a parcel of land 20 feet in width for a permanent water line easement in the R, C. Ingraham Survey, Abstract No. 464 and G. Stark Survey, Abstract No. 798, Collin County, Texas, and being over, under and across a called 25,08 acre tract of land conveyed to Testamentary Trust c/o Addison Wilson III by deed recorded in Document Number 20091215001497350 of the Deed Records of Collin County, Texas, (D.R.C.C.T.), said 20400t wide permanent water line easement being more particularly described as follows: BEGINNING at a point for coiner, said point being in the common west property line of said 25.08 acre Testamentary Trust tract and in the east right-of-way line of State Highway 5 (a I00-foot wide Texas Department of Transportation (TxDO'I) right-of-way), said paint bears N 84°14'56" E, a distance of 380.72 feet from a railroad spike found at the centerline intersection of County Road 366 (an east -west road with a prescriptive right-of-way also known as W, Foster Crossing Road) and County Road 365 (a north -south road with a prescriptive right -of way also known as Highland Road), said railroad spike being in the south property line of a remaining 54.256 acre tract of land conveyed to J. Kevin and Lisa L. Kennedy by deed as recorded in Document Number 19940318000262320 of the D.R.C.C.T., said railroad spike also being the northwest property comer of a called 2.249 acre tract of land conveyed to Anna Highway 5, LLC by deed recorded in Document Number 20121228001650330 of the D.R.C.C.T., and being the northeast property corner of a called 14.710 acre tract of land conveyed to Ivlartinette H. Lawson, Trustee and Lawson Living Trust by deed recorded in Document Number 2000041400038089 and Volume 4647, Page 2036 of the D.R C.C.T., said point also bears S 3°08144" E, a distance of 267.66 feet from a 1/2-inch iron rod found at the intersection of the centerline of County Road 423 (a north -south road with a prescriptive right-of-way) and the west right -of --way line of said State Highway 5, said iron rod being the most easterly southeast property comer of said 54.256 acre J, Kevin and Lisa L, Kennedy tract and being the most southerly property corner of a called 3.533 acre tract of land conveyed to Calvary Baptist Church of Anna, Texas by deed recorded in Document Number 20140609000578060 of the D.R.C.C.T.; THENCE S 71012'26" F,, departing said common property and right -of --way lice, a distance of 39.66 feet to a point for comer; THENCE S 89°13'04" E, a distance of 42.42 feet to a point for corner, said point being in the common east property line of said 25.08 acre Testamentary Tnust hact and west right -of --way line of a called 29.700 acre tract of land conveyed to the Dallas Area Rapid Transit (DART) by deed recorded in Document Number 200306200001165050 and Volume 5443, Page 5532 of the D.R.C.C.T.; THENCE S 18047'34" W (N 19°50'00" E per recorded adjoining TxDOT right -of --way map Control Number 47-4-3), along said common property and right -of --way line, a distance of 21,03 feet to a point for comer; THENCE N 89013'0$" W, departing said common property and right -of --way line, a distance of 39.09 feet to a point for corner; THENCE N 71°12'26" W, a distance of 42.83 feet to a point for corner, said point being in the west property line of said 25.08 acre Testamentary Trust tract and in the east right -of --way Line of said State Highway 5; ti }RnjxsssAa,82°l5104 \V, Pesicr CIl6^JII>: Road 1Vmcr taalEa;anuit Plats\Dscdption�Partel I?-7csmm�usy Ts�t cn Adckmn Witaon Ill.doce POgE i O,r.l ti'. 1 "asset C:ros4 R1fc (t• 1 0 titre Testanwirtaw Dust c/o Addison 071son Ill �crrcel Na, f? a�s12016 TFI�T�IC�:E lv lS°47'a4" E (N l9°^0`(it7" Efret rccaidcd adjoining said Ixl)(�T right-of-tvay map), itlong said cornrlim1 property and riglit-ollway line, a dimmic'e of 20.00 fce,t to the POINT OF BIXIItiti�lING, s;iid permanent Z•ater lure c asvment contaiuing 0.033 acre of land, note or less. '�1S4, a 7_Q 1p01 1?ulporsriy C1A15tr"LlCtdoR 1".aSs"nl2nt belrl� lYY"lrnedlately elCl�acent t0 ;1Pld jaal"atlel PJ1t17 the C10Ctil legs Ot the above described pci-maneni water line easeruent and conulimng 0,038 acre of land, more Of toss. Alolas: t. Pearu�us and list_>nrcas cir�t ire this field note desvrip(ion are. based on the Texas Mate Piave Coordinate Sysiem, 1�,TA fD�93, Texas Nome Central Zone 42021 2. Field survey conc.luded on Arlm_rst S, 2015 3. An Easement Plat of every r1ate here%Tjti) aeeomparries Gs ,Field Notc Description. Texas Registration No, 6523 t rrkhoff, Hcndriuly? <tr Carter, L .L,P, PTS Firni No. 1003 t 3-00 11910 Greenville Ave., Suite, 600 7a Ins, Texas 75' <i3 Phone: 2 14-361 7900 t?Fr�E_K Ba i:iLtr NEYu ON F'noc 2 y� 7 w ,K C/ r. g ppr, ��; {� <`s r� sag d� R O r r d �� -a 7 p3. 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(liiJ_ JNl�ll NOSE VI f t c o 7 (� t f NOSIATI H 7 F l Jill I NA! d 0 t7 — _ h N r 3v o3 )4ni� ,Crr,)uauir); rl. ( (a 'rl\).,luld�s �alrf )u� tt 4k_a\.auij laFt /,g pn(>71 G rrsroa;�' k-ai of PA �0F5lOr;�n/tnr�,).raf�ad� (I 1lo�cl,UN+a,i ,,.- 34/S/`l, (17>!/t321 Item No. 11. City Council Agenda Staff Report Meeting Date: 10/25/2016 AGENDAITEM: Consider/Discuss/Action regarding a Resolution authorizing the City Manager to execute an amendment to an engineering task order with Birkhoff, Hendricks and Carter, LLP for the Pecan Grove Water Line Project. (Joseph Johnson) SUMMARY: Council has previously approved an engineering task order with Birkhoff, Hendricks and Carter, LLP for the design of the Pecan Grove Water Line Project (now called Foster Crossing Water Line) between SH 5 and Pecan Grove. The amendment to the task order provides for additional design services needed to potentially extend the line further west to connect to a future line on US 75 that is proposed as part of another project. The extension would add an additional critical loop in the water system. The additional segment would be bid as an alternate bid item in the current project. The amendment provides for additional design, bidding and contract administration services for the project. The engineering consulting fee covering Basic Services (Parts 1-III) for the project is for the lump sum amount of $42,750.00 and the additional services (Part IV - A, B and C) is for the amount of $26,250.00 for a total not -to -exceed amount of $69,000.00. Funds are available for this project in the 2012 Certificate of Obligation fund balance. STAFF RECOMMENDATION: Staff recommends approval of the attached Resolution which authorizes the City Manager to execute an amendment to an engineering task order with Birkhoff, Hendricks and Carter, LLP for the Pecan Grove Water Line Project. ATTACHMENTS: Description Upload Date Type Resolution 10/13/2016 Resolution Exhibit 1, Task Authorization Amendment 10/13/2016 Exhibit CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO ACT ON THE CITY'S BEHALF IN EXECUTING AN AMENDMENT TO THE ENGINEERING SERVICE TASK ORDER WITH BIRKHOFF, HENDRICKS AND CARTER, LLP FOR THE PECAN GROVE WATER LINE. WHEREAS; The City has previously negotiated and approved an engineering service task order with Birkhoff, Hendricks, and Carter, LLP for the design, bidding, and contract administration of the Pecan Grove Water Line Improvements; and, WHEREAS; staff recommends approving an amendment to the already approved task authorization that would increase the scope of the project so that an additional connection can be made at US 75 which would complete a critical water loop; and, WHEREAS; the additional amount for the engineering consulting fee covering Basic Services (Parts 1-III) for the project is for the lump sum amount of $42,750.00 and the additional services (Parts IV — A, B and C) for the project is for the amount of $26,250.00, for a total not to exceed amount of $69,000.00. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval and Authorization of Engineering Service Task Order. The City Council hereby approves the amendment to the Engineering Service Task Order with Birkhoff, Hendricks and Carter, LLP for the Pecan Grove Water Line Improvements, attached hereto as Exhibit 1, and authorizes, ratifies and approves the City Manager's execution of same. The City Manager is hereby authorized to execute all documents and to take all other actions necessary to finalize, act under, and enforce the amendment to the service task order agreement. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 25t" day of October 2016. ATTEST: APPROVED: City Secretary, Carrie L. Smith Mayor Mike Crist RESOLUTION: Pecan Grove Water Line Task Authorization Amendment PAGE I OF 1 10/25/16 BIRKHOFF, HENDRICKS & CARTER, L.L.P. PROFESSIONAL ENGINEERS 11910 Greenville Ave., Suite 600 Dallas, Texas 75243 Fax (214) 461-8390 Phone (214) 361-7900 JOHN W. BIRKHOFF, P.E. GARY C, HENDRICKS, P.E. JOE R. CARTER, P,E. MATT HICKEY, P.E. ANDREW MATH, JR„ P.E, JOSEPH T. GRAJEWSKI, III, PE. DEREK B. CHANEY, P.E. CRAIG M. KERKHOFF, PE. Mr. Philip Sanders City Manager City of Anna 111 North Powell Parkway Anna, Texas 75409 April 12, 2016 Re: Pecan Grove Water Line (W. Foster Crossing Rd.) Engineering Services Agreement — Amendment No. 1 (revised) Dear Mr. Sanders: As you requested, we are pleased to submit this Amendment No. 1 to our Engineering Services Task Order for the Pecan Grove Water Line project, signed and dated January 2, 2015. This Amendment No. 1 includes the extension of the water line from the Pecan Grove subdivision to US 75. The water line extension from the Pecan Grove Subdivision to US 75, in conjunction with the upcoming US 75 Utility Relocations project, will provide a more robust water line loop for the City's water line system alleviating the dead end lines that exist in the southern portion of the City today. A project location map marked Exhibit "A" is enclosed hereto and made a part of this Amendment. Based on our understanding of the project requirements, our opinion of probable project budget for the water line extension is summarized below. Pecan Grove Water Mute Extension Opinion of Probable Construction Cost $460,731 Quality Control, Material Testing by others $11,519 Basic Engineering and Additional Services $69,000 Land Rights Acquisitions $42,350 Total Project Budget $583,600 An itemized opinion of probable project cost is enclosed as Exhibit `B" and made hereto a part of this Amendment. Mr. Philip Sanders Pecan Grove Water Line — Engineering Services Agreement Amendment No April 12, 2016 Page 2 of 2 We propose to be compensated for this additional work in accordance with the terms of the original agreement for Basic and Additional Services. On that basis, our fee for Amendment No. 1 shall not exceed $69,000 without written authorization from the City. The table below summarizes the contract terms and the effect of this Amendment No. 1. Pecan Grove Water Line — Engineering Services Agreement Amendment No. 1 Amount, Original This Revised Contract Amendment Contract Amount No.l Amount Part I — Design Phase $50 820 $33,000 $83,820 a, Part 11— Bidding Phase $3,390 $1,250 $4,640 Part III — Construction Phase $13,550 $8,500 $22,050 Subtotal, Basic Services $67,760 $42,750 $110,510 Part N.A. — Design and Bndy Surveys $14,330 $6,000 $20,330 Part N.B. - Preparation of Plat and Field Notes 11 Original + 8 Added) $27,500 $20.000 $47,500 Part N.C.— Printing of Plans and Specs $1,500 $250 $1,750 Subtotal, Additional Services $43,330 S261250 $69,580 Totals 1 $111,090 $69,000 $180,090 If you are in agreement with this Amendment No. 1 to our original engineering services agreement for the Pecan Grove Water Line dated January 2, 2015, please sign and return one set to our office. Upon your written authorization, we will proceed immediately with the additional scope of services. We are available to discuss this project further at your convenience. Sincerely, ry C. 1496dricks, PTS ET.L.S. APPROVED FOR THE CITY OF ANNA, TEXAS Mr. Philip Sanders, City Manager Date Enclosures cc: Mr. Joseph Johnson TBPE Firm 526 ACEC Wellness Firm =;� Better Decisions -Better Designs TBPLS Firm 100318-00 1 \7015 contdev\anna\2014 pecan grove wl\amdendment I\pecan grove waterline -amendment no 1 revised.docx ova 2 'a y O W U f O ■ �" U V)Of N d O lkf W LLJ �!anQ41� N%93cp� - V~7 W 3 (nZ � QOf J = a LLI m w a p3 U �z z W X � W .r LLJ W N oJill a_ � O m�Ckf g a o .. LL W zo J Q W Z mQa XLLI _ja Who H~ a� W U fA z6 V wV zw J O wa $ 3 z - o v LnLq Q r 5 T T� L 2 � < a O Exhibit B BIRKHOFF, HENDRICKS & CARTER, L.L.P. Project No. Anna PROFESSIONAL ENGINEERS Texas Firm F526 Client: City of Anna, Texas Date: 12-A r-16 Project: U.S. 75 to W. Foster Crossing Road Water Line Concept By: CMK ENGINEER'S OPINION OF CONSTRUCTION COST Item No. I Description Quantity I Unit Price Amount 1 Furnish & Install 12-Inch AWWA C905 (CL 235) Water Line w/ Embedment by O en Cut 2,785 L.F. $ 55.00 $ 153,175.00 2 Furnish & Install 12-Inch Water Line by Directional Bore 700 L.F. $ 300.00 $ 210,000.00 3 Furnish & Install 12-Inch Resilient Sealed Gate Valve 6 E.A. $ 2,600.00 $ 15,600.00 4 Furnish & Install 8-Inch Blow Off Valve Assembly 2 E.A. $ 6,500.00 $ 13,000.00 5 Furnish & Install 2-Inch Combination Air & Vacuum Release Valve with 4-Foot Diameter Manhole 1 E.A. $ 6,500.00 $ 6,500.00 6 Connect to Existing Water Line 2 E.A. $ 2,000.00 $ 4,000.00 7 Furnish Trench Safety Plan 1 L.S. $ 2,500.00 $ 2,500.00 8 Implement Trench Safety System 2,785 L.F. $ 2.00 $ 5,570.00 9 Furnish Storm Water Pollution Prevention Plan 1 L.S. $ 1,500.00 $ 1,500.00 10 Implement & Maintain Storm Water Pollution Prevention Plan 2,785 L.F. $ 1.00 $ 2,785.00 11 Seedin Hydromulch 1.92 Ac $ 2,200.00 $ 4,216.79 Subtotal: $ 418,846.79 Contingencies and Miscellaneous Items 10% $ 41,885.00 Total: $ 460,731.79 Easement Acquisition 84,700 S.F. $ 0.50 $ 42,350.00 Engineering, Surveying, Platting, Construction Admin. $ 69,000.00 Quality Control & Material Testing 2.5% $ 11,518.29 Project Total: $ 583,600.09 USE: $ 584,000.00 L:\7015 ContDev\Anna\2014 Pecan Grove wL\Amdendment I\Extension OPC As Page I of I I Item No. 12. City Council Agenda Staff Report Meeting Date: 10/25/2016 YOUR) HOMETOWN AGENDAITEM: Consider/Discuss/Action regarding an Ordinance amending Part II (General Ordinances), Article 29 (General Offenses), Section 4 (Discharge Of Firearms) of the Anna City Code of Ordinances. (City Mananger) SUMMARY: In 2005, the City Council passed an ordinance that regulates the discharge of firearms and other weapons. The ordinance was written in an attempt to comply with State law at the time. Subject to certain exemptions, the current ordinance requires a permit to discharge a firearm inside the City limits. Permits can only be issued on tracts of land over a certain size (depending on the type of firearm) subject to certain distance requirements from a residence or occupied building. The discharge of other types of weapons (paintball, pellet gun, BB guns, air rifles, bow, etc.) is generally permitted on tracts larger than two acres. The discharge of firearms on certain tracts of land larger than ten acres that were annexed after 1981 are exempt from the prohibitions and permitting requirements in the current ordinance, subject to certain distance requirements. In late August of this year, staff received an inquiry regarding a request for a permit to discharge a firearm at a location that is relatively close to a residential area and one of the school campuses. Although the inquiry did not result in the issuance of a permit, it is possible that a permit could have been issued based on our current Ordinance. As a result, staff has reviewed the current ordinance. It is our view that the current ordinance is confusing, overly complex, and does not sufficiently provide for the safety of the public to the extent allowed in State law. The City Council reviewed a draft amendment to our existing regulations during their meetings on September 25 and October 11. Based on the Council's input, Staff has revised the draft Ordinance amendment. The current proposed amended ordinance generally prohibits the discharge of firearms and other weapons inside the city limits subject to certain exemptions: • the discharge of shot guns and pistols is generally permitted on tracts 10 acres or larger; • the discharge of rifles is generally permitted on tracts 50 acres or larger; and • the discharge of Other Weapons such as pellet guns, BB guns, air rifles, bows, etc., is generally permitted on tracts 2 acres or larger (similar to our current ordinance). In each case the discharge of the various types of weapons may be restricted depending on the distance from certain types of land uses or buildings. The amended ordinance also prohibits the discharge of firearms within 5,000 feet of the city limits if the discharge occurs within a certain distance of parks, schools, day care facilities, residential developments, or residential or other occupied structures located inside the city limits. The exemptions and regulations outlined in this current draft are consistent with State law (LGC § 229.003). Under the amended ordinance, where the discharge of firearms is legal, no permits are required. A flow chart is included with this Staff Reports that uses the proposed Ordinance to answer the question "When is the Discharge or a Firearm or Other Weapon Legal?" STAFF RECOMMENDATION: Staff recommends approval of the amended Ordinance. ATTACHMENTS: Description Discharge of Firearms Ordinance Clean version of discharge of firearms regulations When is the Discharge of a Firearm or Other Weapon Legal? Map of properties 10 acres or larger Upload Date Type 10/17/2016 Ordinance 10/17/2016 Backup Material 10/17/2016 Backup Material 10/17/2016 Backup Material CITY OF ANNA, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING THE ANNA CITY CODE OF ORDINANCES BY AMENDING PART II (GENERAL ORDINANCES), ARTICLE 29 (GENERAL OFFENSES), SECTION 4 (DISCHARGE OF FIREARMS); PROVIDING FOR SAVINGS, SEVERABILITY, AND REPEALING CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City of Anna, Texas ("the City") has previously adopted ordinances, rules and regulations regarding the discharge of firearms within the City's corporate limits and extraterritorial jurisdiction; and WHEREAS, the City of Anna, Texas City Council ("the City Council") has investigated and determined that it would be advantageous and beneficial to the City and its citizens to amend the Anna City Code of Ordinances by amending Part II (General Ordinances), Article 29 (General Offenses), Section 4 (Discharge of Firearms); NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The above -referenced recitals are incorporated herein as if set forth in full for all purposes. Section 2. Amendments. In accordance with Part II, Article 1, Section 9 of the Anna Code, the City Council hereby amends Part II (General Ordinances), Article 29 (General Offenses), Section 4 (Discharge of Firearms) of the Anna City Code of Ordinances, as follows: Section 4. Discharge of Firearms For the purposes of this section, the following terms, words and the derivations thereof shall have the meanings given herein. shall mean the Citv of Anna. Texas. Firearm shall mean any pistol, handgun, rifle or shotgun that fires a projectile through the combustion of gunpowder or propellant. Other Weapon shall mean any paintball gun, BB gun, pellet gun, air rifle or air pistol, bow, compound bow, crossbow, crossbow pistol or any other device capable of firinc an arrow or bolt. Indoor Archery Range shall mean a room, place or enclosure equipped with targets for practice with a bow, compound bow, crossbow, crossbow pistol or any other device capable of firing an arrow or bolt. Indoor Firing Range shall mean a room, place or enclosure equipped with targets for practice with any BB gun, pellet gun, air rifle or pistol, gun, pistol or Firearm of any description. Pepnit Hoieler shall meaR the person to whiGh a permit was issued or his guest(s). perSOR shall be assumed to be a guest if the Permit Holder is preseRt at the permitted partiGipate 'R the permitted activity from the person to whiGh the permit was issued and a GOPY of the permit. Writt-11 3-11111-SIOR must inGlude the name, date ef birth and home address of the person being `vi"on permission 4.01 Public Nuisance The discharge of any Firearms or Other Weapons in violation of this section is hereby declared to be a public nuisance. Notwithstanding any penal provision afforded in this section, the City Attorney is authorized to file suit on behalf of the City for such injunctive relief as may be necessary to prevent the violation of any provision of this section, but it shall not be necessary to obtain any such injunctive relief as a prerequisite to enforcement of a penal provision under this section or other law. 4.02 Exemptions This section does not apply to: (a) the discharge of Firearms or Other Weapons in the City Limits or in the City's extraterritorial jurisdiction an reea aRRexed by the MUriGipality after September 4484-, if the Firearm or Other Weapon is: (1) a shotgun or pistol or any caliber, air rifle or pistol BB g in or horn, an t arre,e, discharged: (i) on a tract of land of 10 acres or more and: mere than 150 feet from residence e.obuilding Ionated on another property; and 1. more than 1,000 feet from: a. the property line of a public tract of land, generally accessible by the public, that is routinely used for organized sporting or recreational activities or that has permanent recreational facilities or equipment; and b. the property line of a school, hospital, or commercial day-care facility; 2. more than 600 feet from: a. the groaerty line of a residential subdivision: and b. the property line of a multifamily residential complex; and 3. more than 150 feet from a residence or occupied building located on another property; and (ii) in a manner not reasonably expected to cause a projectile to cross the boundary of the tract; er (2) a center fire or rim fire rifle oel of any caliber discharged: on a tract of land• 1 40 acres or more • - than 150 feet rbuilding IOGated en another proper--ty; r 1. more than 1.000 feet from: a. the property line of a public tract of land, generally accessible by the public, that is routinely used for organized sporting or recreational activities or that has permanent recreational facilities or equipment; and b. the property line of a school, hospital, or commercial day-care facility; 2. more than 600 feet from: a. the aroaerty line of a residential subdivision: and b. the property line of a multifamily residential complex; and 3. more than 300 feet from a residence or occupied building located on another property; and (ii) in a manner not reasonably expected to cause a projectile to cross the boundary of the tract; (3) any Other Weapon discharged: (i) on a tract of land two (2) acres or more and: 1. more than 150 feet from a residence or occupied building located on another property; or (4) discharged at a sport shooting range, as defined by Section 250.001 of the Texas Local Government Code and operating legally, in a manner not reasonably expected to cause a projectile to cross the boundary of a tract of land. (b) a peace officer lawfully acting within the scope of the peace officer's duties; (c) an authorized agent, officer, employee or representative of a state or federal agency lawfully acting with the scope of that person's duties; (d) the discharge of Firearms or Other Weapons by a person acting in self-defense or defense of another, provided that the person's action is otherwise justified by law; (e) the discharge of any Firearm that does not release a projectile and is used solely as part of a demonstration at a special event, function or activity, or for signal or ceremonial purposes in athletic events, or by a military organization; (f) the use of toy bows and soft rubber tipped arrows; (g) the discharge of Firearms or Other Weapons by a person acting in defense of pets, livestock, crops or other property, provided that the person's action is otherwise justified by law; or (h) the otherwise legal discharge of Firearms or Other Weapons within an Indoor Firing Range or Indoor Archery Range; 4.03 Prohibitions and Restrictions With regard to the diSGh �rlr�e of Firearms within the City's `+erperate limits, and Subject to the exemptions under subsection 4.02 of this section, it shall be unlawful to discharge: (a) a Firearm or Other Weapon within the City's corporate limits; without first ehtaiping a permit from the City MaRa ver• e (b) any Other Weapon within the Gity's Corporate limits• e (1) when disGharged OR a traGt of land that is less than two aGres in size; o-r (2) when diSGharged less than 150 feet from a residence or spied building located en another property; or (b) a Firearm within 5,000 feet of the City's corporate limits unless the discharge occurs: (1) more than 1,000 feet from: (i) the property line of a public tract of land located inside the City's corporate limits, and generally accessible by the public, that is routinely used for organized sporting or recreational activities or that has permanent recreational facilities or equipment; and (i i) the property line of a school, hospital, or commercial day-care facility, located inside the City's corporate limits; (2) more than 600 feet from: (i) the property line of a residential subdivision located inside the City's corporate limits; and (i i) the property line of a multifamily residential complex located inside the City's corporate limits; and (3) more than 300 feet from a residence or occupied building located on another property inside the City's corporate limits; and (4) in a manner not reasonably expected to cause a projectile to cross the boundary of the tract; or (G) a shotgun of any -gauge- a. when rdisr•haroerd on a traGtf land is loss than '10 aGres in size; nr CTIUTTSfGT�T LTi ��r b. when diSGharged less than 150 feet from a residenGe Or OGGUpied buikHRg Ienaterd on another property; or (rd) a handgun, renter fire er rim fire rifle er nistel of any Gabber• G. when disGharged on a traGt of land that is less than 50 aGres 1iR size; e-r d. when disGharged less than 300 feet from a residenGe er eGGupied buikHRg located en anether property; or (e) any Forearm or Other VVeaP0R Unless discharged On a manner not reaSORabl evnenterd to ne- ice a nroientile to Gross the boundary of the treat upon which the discharge is made-, (f) any Forearm or Other VVeaP0R at a locatien that is not within an area zened AG Agric ilti irol• er e (c) any Firearm or Other Weapon rdisr•hargeid in the rity's evtraterriteriel iurisrdintir�n within 5,000 feet of the City's corporate limits if the discharge results in the projectile crossing into the City's corporate limits on any property within the City's corporate limits where said discharge is unlawful under this section or other law. 4.04 Permit (a) Permits may only he issued to allow the rdisnherge of Firearms within an arse zenred AG AoriG ilfi irel (b) A permit issued Under this seGtion does not provide a Permit Holder any sort o exemption from the provisions of this seGtion and a Permit Holder must at all tomes r+emnh/ with all provisions of this seGtien 4.05 AnnliGation for DermiA person wishing to obtain a permit required by this seGtien must file with the rity Manager's office an appliGation Gontaining the f0lI0WiRg (a) the name and address of the appliGant• property,(b) a description of the F-SWISH, '. _ .41H RTZROMMMMIM.r r.M.T.1El:EEi�. . I .I department's denyiRg the 10 business days. if the City MaRager issues the permit, within permit, .. . . IL 0 i 1 ■ W LA G\�i�J1T�:fEs!r1G'Tf�A.T.7. . T:ll:L11■T.�S:Tf�RC�7T.�. . •� 21" W'... IN ON I MI. MR IN re`va Fd'Rg the permit denial or reVOGation submitted by aRY interested party (d) Before eRd of the me the publin h olane the t1 et+n"Tici R nrreaf+ga GeURGil shall formally ant to sustain er everrule the appeal and the Gity GGURGOI'S deniSien shall he final 4.04444 Civil Liability, Persons Not Relieved Nothing in this section shall relieve any person from any civil liability in connection with the discharge of Firearms or Other Weapons referenced in this section. 4.05442 Penalties A person commits an offense if the person violates any part of this section. An offense of this section is a Class C misdemeanor. Any Person convicted of violating this section shall be fined in an amount not to exceed $2,000 for each incident of violation, unless otherwise specifically set forth in this Code. Each day of the continuance of such violation shall be considered a separate offense and shall be punished separately. The penal provisions imposed under this section shall not preclude the City from filing suit to enjoin the violation. The City retains all legal rights and remedies available to it pursuant to local, state and federal law. Section 3. Savings, Severability and Repealing Clauses. All ordinances of the City in conflict with the provisions of this ordinance are repealed to the extent of that conflict. If any provision of this ordinance shall be held to be invalid or unconstitutional, the remainder of such ordinance shall continue in full force and effect the same as if such invalid or unconstitutional provision had never been a part hereof. The City declares that it would have passed this ordinance, and each section, subsection, sentence, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional or invalid Section 4. Publication of the Caption Hereof and Effective Date. This ordinance shall be in full force and effective upon the posting and/or publication, if required by law, of its caption and the City Secretary is hereby directed to implement such posting and/or publication. PASSED by the City Council of the City of Anna, Texas, this the 25t" day of October, 2016. ATTEST: APPROVED: Carrie L. Smith, City Secretary Mike Crist, Mayor Section 4. Discharge of Firearms For the purposes of this section, the following terms, words and the derivations thereof shall have the meanings given herein. City shall mean the City of Anna, Texas. Firearm shall mean any pistol, handgun, rifle or shotgun that fires a projectile through the combustion of gunpowder or propellant. Other Weapon shall mean any paintball gun, BB gun, pellet gun, air rifle or air pistol, bow, compound bow, crossbow, crossbow pistol or any other device capable of firing an arrow or bolt. Indoor Archery Range shall mean a room, place or enclosure equipped with targets for practice with a bow, compound bow, crossbow, crossbow pistol or any other device capable of firing an arrow or bolt. Indoor Firing Range shall mean a room, place or enclosure equipped with targets for practice with any BB gun, pellet gun, air rifle or pistol, gun, pistol or Firearm of any description. 4.01 Public Nuisance The discharge of any Firearms or Other Weapons in violation of this section is hereby declared to be a public nuisance. Notwithstanding any penal provision afforded in this section, the City Attorney is authorized to file suit on behalf of the City for such injunctive relief as may be necessary to prevent the violation of any provision of this section, but it shall not be necessary to obtain any such injunctive relief as a prerequisite to enforcement of a penal provision under this section or other law. 4.02 Exemptions This section does not apply to: (a) the discharge of Firearms or Other Weapons in the City Limits or in the City's extraterritorial jurisdiction if the Firearm or Other Weapon is: (1) a shotgun or pistol or any caliber discharged: (i) on a tract of land of 10 acres or more and: 1. more than 1,000 feet from: a. the property line of a public tract of land, generally accessible by the public, that is routinely used for organized sporting or recreational activities or that has permanent recreational facilities or equipment; and b. the property line of a school, hospital, or commercial day-care facility; 2. more than 600 feet from: a. the property line of a residential subdivision; and b. the property line of a multifamily residential complex; and 3. more than 150 feet from a residence or occupied building located on another property; and (ii) in a manner not reasonably expected to cause a projectile to cross the boundary of the tract; er (2) a center fire or rim fire rifle of any caliber discharged: (i) on a tract of land of 50 acres or more and: 1. more than 1,000 feet from: a. the property line of a public tract of land, generally accessible by the public, that is routinely used for organized sporting or recreational activities or that has permanent recreational facilities or equipment; and b. the property line of a school, hospital, or commercial day-care facility; 2. more than 600 feet from: a. the property line of a residential subdivision; and b. the property line of a multifamily residential complex; and 3. more than 300 feet from a residence or occupied building located on another property; and (ii) in a manner not reasonably expected to cause a projectile to cross the boundary of the tract; (3) any Other Weapon discharged: (i) on a tract of land two (2) acres or more and: 1. more than 150 feet from a residence or occupied building located on another property; or (4) discharged at a sport shooting range, as defined by Section 250.001 of the Texas Local Government Code and operating legally, in a manner not reasonably expected to cause a projectile to cross the boundary of a tract of land. (b) a peace officer lawfully acting within the scope of the peace officer's duties; (c) an authorized agent, officer, employee or representative of a state or federal agency lawfully acting with the scope of that person's duties; (d) the discharge of Firearms or Other Weapons by a person acting in self-defense or defense of another, provided that the person's action is otherwise justified by law; (e) the discharge of any Firearm that does not release a projectile and is used solely as part of a demonstration at a special event, function or activity, or for signal or ceremonial purposes in athletic events, or by a military organization; (f) the use of toy bows and soft rubber tipped arrows; (g) the discharge of Firearms or Other Weapons by a person acting in defense of pets, livestock, crops or other property, provided that the person's action is otherwise justified by law; or (h) the otherwise legal discharge of Firearms or Other Weapons within an Indoor Firing Range or Indoor Archery Range; 4.03 Prohibitions and Restrictions Subject to the exemptions under subsection 4.02 of this section, it shall be unlawful to discharge: (a) a Firearm or Other Weapon within the City's corporate limits; (b) a Firearm within 5,000 feet of the City's corporate limits unless the discharge occurs: (1) more than 1,000 feet from: (i) the property line of a public tract of land located inside the City's corporate limits, and generally accessible by the public, that is routinely used for organized sporting or recreational activities or that has permanent recreational facilities or equipment; and (i i) the property line of a school, hospital, or commercial day-care facility, located inside the City's corporate limits; (2) more than 600 feet from: (i) the property line of a residential subdivision located inside the City's corporate limits; and (i i) the property line of a multifamily residential complex located inside the City's corporate limits; and (3) more than 300 feet from a residence or occupied building located on another property inside the City's corporate limits; and (4) in a manner not reasonably expected to cause a projectile to cross the boundary of the tract; or (c) any Firearm or Other Weapon within 5,000 feet of the City's corporate limits if the discharge results in the projectile crossing into the City's corporate limits on any property within the City's corporate limits where said discharge is unlawful under this section or other law. 4.04 Civil Liability, Persons Not Relieved Nothing in this section shall relieve any person from any civil liability in connection with the discharge of Firearms or Other Weapons referenced in this section. 4.05 Penalties A person commits an offense if the person violates any part of this section. An offense of this section is a Class C misdemeanor. Any Person convicted of violating this section shall be fined in an amount not to exceed $2,000 for each incident of violation, unless otherwise specifically set forth in this Code. Each day of the continuance of such violation shall be considered a separate offense and shall be punished separately. The penal provisions imposed under this section shall not preclude the City from filing suit to enjoin the violation. The City retains all legal rights and remedies available to it pursuant to local, state and federal law. Yes Property located in the city limits? No When is the Discharge of a Firearm or Other Weapon Legal? No Discharge of a Firearm is Prohibited No No Yes more than 1000 feet from a Yes more than 600 feet from a Yes more than 300 feet from a Yes City does not prohibit Property located within 5,000 feet of public park, school, hospital residential subdivision or residence or occupied structure located on anther discharge of a Firearm the city limits? or commercial day care located inside the city limits? apartment complex located inside the city limits? property inside the city or Other Weapon limits? No Discharge is: at a legal firing range; for Yes self defense; or for another lawful exception (Section 4.02 (b-h)? No Yes Yes more than 1000 feet Yes more than 600 feet Yes more than 150 feet Weapon is a tract of land 10 acres from a public park, from a residential from a residence or shotgun or pistol of or more? school, hospital or subdivision or occupied structure any caliber? commercial day locate on anther care? apartment complex? ro ert ? p p Y• No No No No Yes Yes more than 1000 feet Yes more than 300 feet more than 600 feet Yes Weapon is a center tract of land 50 acres from a public park, from a residential from a residence or fire or rim fire rifle of or more? school, hospital or subdivision or occupied structure any caliber? commercial day locate on anther care? apartment complex? ro ert ? P P Y• IM No A No Weapon is an air rifle I Yes Yes more than 150 feet or air pistol, BB gun, tract of land 2 acres from an occupied Yes bow and arrow, or of more? building located on Other Weapon? another property ? Yes Yes Discharge of a Firearm or No Other Weapon is Prohibited Yes 209 LE 216 206 209 281 TRACTS OF LAND 10 ACRES OR MORE INSIDE CITY LIMITS WITHIN THE ANNA CITY LIMITS 101 284 10:1 Mil LIMITS 364 L4-//71-7 COLLIN CITY OF ANNA ��-- Alin nnm O (481 a M= r ON count EIVA 19 OUTER LOOP 220 1,200' 0 1 1 1 1,200' 1 2,400' 3,600' I I I 1 w ) -1 MI. I Mi s APRIL 2016 LO 479 21) )01(475 480 COLLIN COUNTY ADVENTURE CAMP 476 530 2862 526 513 513 28621 512 512 577 CD 579