HomeMy WebLinkAbout2022-02-22 Regular Meeting PacketAGENDA
City Council Meeting
THE CITY OF
Anna Tuesday, February 22, 2022 @ 6:30 PM
Anna City Hall - City Council Chambers
111 N. Powell Parkway
Anna, Texas, 75409
The City Council of the City of Anna will meet at 6:30 PM, on February 22, 2022, at Anna
City Hall - City Council Chambers, located at 111 N. Powell Parkway, Anna, Texas, 75409,
to consider the following items.
Welcome to the City Council meeting. Please sign the Sign -in Sheet as a record of
attendance. If you wish to speak on an Open Session agenda item, please fill out the
Opinion/Speaker Registration Form and turn it in to the City Secretary before the meeting
starts.
Call to Order, Roll Call, and Establishment of Quorum.
2. Invocation and Pledge of Allegiance.
3. Neighbor Comments.
At this time, any person may address the City Council regarding an item on this meeting
Agenda that is not scheduled for public hearing. Also, at this time, any person may
address the City Council regarding an item that is not on this meeting Agenda. Each
person will be allowed up to three minutes to speak. No discussion or action may be
taken at this meeting on items not listed on this Agenda, other than to make statements
of specific information in response to a citizen's inquiry or to recite existing policy in
response to the inquiry.
4. Reports.
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. Joint meeting with Council and Parks Advisory Board on Monday, February
28th, 2022 at 6:30 PM. (Neighborhood Services Marc Marchand)
b. Special Recognition of Anthony Richardson for Exemplary Service to our
Community.
C. Recognition of the "Last Official City Council Meeting" in City Hall - 111 N
Powell Parkway.
5. Work Session.
a. Discussion & Direction - Multiple -Family Residential, Anna Town Center, Block
A, Lot 5R (Director of Development Services, Ross Altobelli)
b. Avery Pointe Neighborhood Meeting Recap
6. Consent Items.
These items consist of non -controversial or "housekeeping" items required by law.
Items may be considered individually by any Council member making such request prior
to a motion and vote on the Consent Items.
a. Approve City Council Meeting Minutes from February 8, 2022. (City Secretary
Carrie Land)
b. Review Minutes of the November 15, 2021, and December 20, 2021, Parks
Advisory Board Meetings. (Director of Neighborhood Services Marc Marchand)
C. Approve Police Department report on 2021 racial profiling data that was
submitted to the Texas Commission on Law Enforcement (TCOLE). (Police
Chief Dean Habel)
d. Approve the Quarterly Investment Report for the Period Ending December 31,
2021. (Director of Finance Alan Guard)
e. Approve an Ordinance amending Ordinance 959-2022 Ordering a General
Election to be held on May 7, 2022. (City Secretary Carrie Land)
f. Development Agreement — Bridge Tower GP Residential & Commercial
(Director of Development Services Ross Altobelli)
Approve a Resolution entering into a development agreement with Harlow
Sheryl Family Trust, Colby Harlow Trustee — Harlow Capital Management, LLC
to establish development and design regulations for residential and non-
residential development on 28.0± acres located at the southwest corner of W.
White Street and Slater Creek Road.
g. Monthly Financial Report for the Month Ending January 31, 2022. (City Manager
Jim Proce)
h. Acting as the Anna Housing Finance Corporation ("AHFC") Board of Directors,
engage and enter into an Agreement for financial and accounting services with
Brown, Graham & Company P.C. (Director of Economic Development Joey
Grisham)
Acting as the Anna Housing Finance Corporation ("AHFC") Board of Directors,
approve a Resolution authorizing the President to execute a legal services
contract. (Director of Economic Development Joey Grisham)
Acting as the Anna Public Facility Corporation ("APFC") Board of Directors,
approve a Resolution authorizing the President to execute a legal services
contract. (Director of Economic Development Joey Grisham)
7. Items For Individual Consideration.
a. Zoning - Bridge Tower GP Residential & Commercial (Planning Manager Lauren
Mecke)
1) Conduct a Public Hearing/Consider/Discuss/Action on an Ordinance to zone
28.0± acres located at the southwest corner of W. White Street and Slater
Creek Road from SF-E Single -Family Residential — Large Lot (SF-E) to
Restricted Commercial District (C-1), SF-Z Single -Family Residence District —
Zero Lot Line Homes (SF-Z), and Planned Development-SF-TH Townhome
District (PD-SF-TH).
2) Consider/Discuss/Action on a Resolution regarding the Bridge Tower GP
Residential & Commercial, Concept Plan.
b. Annexation - Anna West (Director of Development Services Ross Altobelli)
Conduct a public hearing to consider public comments regarding annexation of
43.9± acres located on the north side of Farm -to -Market Road 455, 250± feet
west of County Road 287.
C. Zoning - Anna West (Director of Development Services Ross Altobelli)
1) Conduct a Public Hearing/Consider/Discuss/Action on an Ordinance to zone
43.9± acres located on the north side of Farm -to -Market Road 455, 250± feet
west of County Road 287 to Planned Development - MF-2 Multple-Family
Residential - High Density (PD-MF-2). Currently zoned: Extraterritorial
Jurisdiction (ETJ).
d. Discuss and consider a Resolution authorizing the City Manager to execute an
agreement for professional services related to the final engineering design,
architecture, product selection, bid services, and construction management for
the Hurricane Creek Regional Wastewater Treatment Plant. (Director of Public
Works Greg Peters, P.E.)
e. Conduct a first reading of a Resolution approving an Agreement with Zablink
Hospitality, LLC for a hotel project. (Director of Economic Development Joey
Grisham)
f. Conduct a second reading of a Resolution approving an Agreement with Zablink
Hospitality, LLC for a hotel project. (Director of Economic Development Joey
Grisham)
g. Consider/Discuss/Action on a Resolution approving a hotel project and
authorizing the Anna Community Development Corporation to fund an
Economic Development Agreement with Zablink Hospitality, LLC not to exceed
$208,990.06. (Director of Economic Development Joey Grisham)
8. 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 exception
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). Public Improvement Districts
b. Discuss or deliberate the purchase, exchange, lease, or value of real property
(Tex. Gov't Code §551.072).
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).
d. Discuss or deliberate personnel matters (Tex. Gov't Code §551.074). City
Manager
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.
9. 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.
10. Adjourn.
This is to certify that I, Carrie L. Land, City Secretary, posted this Agenda on the City's website
(www.annatexas.gov) and at a place readily accessible to the public at the Anna City Hall and
on the City Hall bulletin board at or before 5:00 p.m. on Friday, February 18, 2022.
Carrie L. Land, 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.
THE CITY OF
Anna
AGENDA ITEM:
Reports.
SUMMARY:
FINANCIAL IMPACT:
City Council Agenda
Staff Report
Meeting Date: 2/22/2022
Staff Contact:
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing:
STAFF RECOMMENDATION:
ATTACHMENTS:
APPROVALS:
Carrie Land, City Secretary Created/Initiated - 2/9/2022
Jim Proce, City Manager Final Approval - 2/17/2022
THE CITY OF
Anna
AGENDA ITEM:
City Council Agenda
Staff Report
Meeting Date: 2/22/2022
Staff Contact: Marc Marchand
Joint meeting with Council and Parks Advisory Board on Monday, February 28th, 2022
at 6:30 PM. (Neighborhood Services Marc Marchand)
SUMMARY:
Notice and reminder of a joint meeting with Council and Parks Advisory Board.
FINANCIAL IMPACT:
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing:
Goal 4: High Performing, Professional City
STAFF RECOMMENDATION:
ATTACHMENTS:
APPROVALS:
Marc Marchand, Director of Neighborhood Services Created/Initiated - 2/17/2022
Jim Proce, City Manager Final Approval - 2/17/2022
THE CITY OF
Anna
City Council Agenda
Staff Report
Meeting Date: 2/22/2022
Staff Contact: Joey Grisham
AGENDA ITEM:
Special Recognition of Anthony Richardson for Exemplary Service to our Community.
SUMMARY:
Anthony Richardson is relocating and the City Staff and City Council want to recognize
him for his exemplary service and dedication to the city of Anna. In March 2017,
Anthony was appointed to both the EDC and CDC Boards, and has served as Board
President since July 2018. During his tenure as President of the Board, the CDC and
EDC have experienced the largest expansion of Economic Development in the city of
Anna's history including the Chief Partners Development, purchase of the Anna
Business Park property, the addition of a full-time EDC/CDC staff, and much more. He
also served the community as a commissioner on the 2017 Charter Review
Commission and currently serves as the city of Anna's representative on the Greater
Texoma Utility Authority Board. Anthony's tireless efforts and dedication will be greatly
missed and we wish him and his family nothing but the best in their future endeavors.
He is leaving a legacy of achievement.
FINANCIAL IMPACT:
Not Applicable
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing:
Goal 4: High Performing, Professional City
STAFF RECOMMENDATION:
Not Applicable
ATTACHMENTS:
APPROVALS:
Jim Proce, City Manager Created/Initiated - 2/18/2022
Jim Proce, City Manager Final Approval - 2/18/2022
THE CITY OF
Anna
I000 • IN
City Council Agenda
Staff Report
Meeting Date: 2/22/2022
Staff Contact: Nate Pike
Lee Miller
AGENDA ITEM:
Recognition of the "Last Official City Council Meeting" in City Hall - 111 N Powell
Parkway.
1-411LT, ILT, 1_1Zvi
Recognition of the "Last Official Meeting" in City Hall - 111 N Powell Parkway - As the
City prepares to move into the new Municipal Complex, we wanted to recognize the
Last Official City Council Meeting in the current facility, while recognizing all current and
past Councilmembers (who may be in attendance) by taking a last photograph at the
last meeting to be held here, providing an opportunity for each member to say a few
words.
FINANCIAL IMPACT:
Not Applicable
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing:
Goal 1: Growing Anna Economy
Goal 2: Sustainable Anna Community Through Planned Managed Growth
Goal 3: Anna — Great Place to Live
Goal 4: High Performing, Professional City
STAFF RECOMMENDATION:
Not Applicable
ATTACHMENTS:
APPROVALS:
Jim Proce, City Manager Created/Initiated - 2/18/2022
Jim Proce, City Manager Final Approval - 2/18/2022
THE CITY OF
Anna
i00►r.11111141
City Council Agenda
Staff Report
Meeting Date: 2/22/2022
Staff Contact: Ross Altobelli
AGENDA ITEM:
Discussion & Direction - Multiple -Family Residential, Anna Town Center, Block A, Lot
5R (Director of Development Services, Ross Altobelli)
SUMMARY:
Taylor Morrison is considering resubmitting a zoning case to modify existing multiple -
family residential standards associated with Ord. No. 648-2014. They've requested to
present architectural changes being considered to gauge the council's response and to
receive any additional feed back prior to an official submittal.
FINANCIAL IMPACT:
N/A
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing:
Goal 2: Sustainable Anna Community Through Planned Managed Growth
STAFF RECOMMENDATION:
ATTACHMENTS:
APPROVALS:
Ross Altobelli, Director of Development Services Created/Initiated - 2/17/2022
Jim Proce, City Manager Final Approval - 2/17/2022
THE CITY OF
Anna
i00►=01111a
City Council Agenda
Staff Report
Meeting Date: 2/22/2022
Staff Contact: Ross Altobelli
AGENDA ITEM:
Avery Pointe Neighborhood Meeting Recap
SUMMARY:
Update on last Tuesday, February 15, 2022 meeting with the Avery Pointe
neighborhood in which the City Mayor, Councilman Atchley, Councilman Carver, and
city staff attended to discuss a potential zoning amendment to the Commercial/Retail
Tract identified within the neighborhoods' Planned Development zoning.
A joint Public Meeting/Hearing with Planning & Zoning Commission is scheduled for
March 8, 2022.
FINANCIAL IMPACT:
N/A
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing:
Goal 2: Sustainable Anna Community Through Planned Managed Growth
STAFF RECOMMENDATION:
N/A
ATTACHMENTS:
APPROVALS:
Ross Altobelli, Director of Development Services Created/Initiated - 2/17/2022
Jim Proce, City Manager Final Approval - 2/17/2022
THE CITY OF
Anna
City Council Agenda
Staff Report
Meeting Date: 2/22/2022
Staff Contact: Carrie Land
AGENDA ITEM:
Approve City Council Meeting Minutes from February 8, 2022. (City Secretary Carrie
Land)
SUMMARY:
Approve the City Council Meeting Minutes for February 8, 2022.
FINANCIAL IMPACT:
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing:
STAFF RECOMMENDATION:
ATTACHMENTS:
1. DRAFT CCmin2022.02.08
APPROVALS:
Carrie Land, City Secretary Created/Initiated - 2/9/2022
Jim Proce, City Manager Final Approval - 2/17/2022
THE CITY OF
Anna
Regular City Council Meeting
Meeting Minutes
Tuesday, February 8, 2022 @ 6:30 PM
Anna ISD Board Room
201 E. 7th Street
Anna, Texas, 75409
The City Council of the City of Anna met at 6:30 PM, on February 8, 2022, at the Anna ISD
Board Room located at 201 E. 7th Street, Anna, Texas, 75409, to consider the following
items.
Call to Order, Roll Call, and Establishment of Quorum.
Mayor Pike called the meeting to order at 6:33 PM.
2. Invocation and Pledge of Allegiance.
Council Member Carver led the Invocation and Mayor Pike Pledge of Allegiance.
3. Neighbor Comments.
There were no public comments.
4. Reports.
Receive reports from Staff or the City Council about items of community interest.
a. Recognition of the Finance Department for receiving the Comptroller's
Transparency Stars Award.
Texas Comptroller Glenn Hegar announced that the City of Anna is the latest
local government entity to achieve specific procurement transparency goals
through the Comptroller's Transparency Stars program.
Anna has now received all five Transparency Stars!
The Transparency Stars program recognizes local governments, school boards,
and special districts that provide easy online access to important financial data,
where setting the highest bar, for ethical standards, best practices, accounting
standards and financial management are documented and certified.
With more than 2,500 eligible agencies in Texas, a little over 200 agencies have
achieved some level of certification. However, Anna has now received all five
stars, being one of only 14 cities to accomplish this prestigious goal.
Fire Chief Isom and Police Chief Habel recognized the Public Works Street
Department for their outstanding service during the recent ice storm.
C. Council Member Toten noted there would be a Community Meeting on
February 9, 2022, to discuss the future Anna Library.
5. Work Session.
a. Presentation on a five-year strategic staffing plan developed for the Anna Police
Department. (Police Chief Dean Habel)
As a part of the ongoing strategic plan initiatives, the Police Department has
provided a plan which projects the future potential growth of the department as
the City grows. This answers the question of where we will be headed as our
population and our demands for service increase over the next few years. While
none of us can predict the future, we must have a plan and prepare for being
responsive to the forecasts we see ahead, yet be agile enough to make the
required adjustments that may be needed along the way.
Dr. Eric Fritsch, Justice Research Consultants, presented the results of a
five-year staffing assessment and gave recommendations on future hiring
projections for the agency.
b. Discussion on reducing the number of commissioners serving on the Diversity
and Inclusion Advisory Commission (Assistant City Manager Ryan Henderson)
At the July 14, 2020, City Council meeting, the City Council established the
Diversity and Inclusion Advisory Commission. The approved resolution specified
that the Commission was to include 11 members. Staff would like to make a
future recommendation that the Advisory Commission be reduced to seven
members (in line with the City's other boards and commissions) due to
inconsistencies in attendance. The reduction of members would also allow the
Commission to reduce the number of subcommittees, particularly the ones that
have become inactive.
The general consensus of the City Council was to reduce the number of
members from 11 to 7. An amended resolution will be presented to City Council
at the February 22, 2022, City Council meeting.
6. Consent Items.
MOTION: Council Member Miller moved to approve consent items.
Council Member Carver seconded. Motion carried 7-0.
a. Approve City Council Meeting Minutes for January 25, 2022. (City Secretary
Carrie Land)
b. Review the 2021 Attendance Report for City Council, Boards and Commissions.
(City Secretary Carrie Land)
C. Review Minutes of the December 2, 2021, Joint Community Development
Corporation Board and Economic Development Corporation Board Meetings.
(Director of Economic Development Joey Grisham)
d. Review Planning & Zoning Commission Meeting Minutes from December 6,
2021, and January 3, 2022. (Director of Development Services Ross Altobelli)
e. Approve an Ordinance amending Article A3.000 Development Fees within
Appendix A: Fee Schedule of the City of Anna Code of Ordinances. (Director of
Development Services Ross Altobelli)
Staff recently identified a grammatical error between how the Park land
dedication fee is supposed to be calculated per the Subdivision Ordinance
regulations (Sec. 9.02.135) and how the fee is actually calculated per Appendix
A (Fee Schedule).
AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE ANNA
CITY CODE OF ORDINANCES BY AMENDING APPENDIX A (FEE
SCHEDULE) PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A
PENALTY CLAUSE NOT TO EXCEED $2,000 OR THE HIGHEST PENALTY
AMOUNT ALLOWED BY LAW, WHICHEVER IS LESS; AND, PROVIDING FOR
THE PUBLICATION OF THE CAPTION HEREOF.
f. Approve a Resolution regarding the Hynes Addition, Block A, Lot 1,
Development Plat. (Director of Development Services Ross Altobelli).
Single-family residence and five accessory buildings on one lot on 6.9± acres
located on the south side of Brynlee James Lane, 2,100± feet east of County
Road 479. Located within the Extraterritorial Jurisdiction (ETJ).
The Planning & Zoning Commission recommended approval.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING HYNES
ADDITION, BLOCK A, LOT 1, DEVELOPMENT PLAT
g. Approve a Resolution regarding the Lands of Lauria, Block A, Lot 1,
Development Plat. (Director of Development Services Ross Altobelli)
Single-family residence and 10 accessory buildings on one lot on 2.0± acres
located on the east side of Red Fox Road, at the intersection of Rabbit Run
Road and Red Fox Road. Located within the Extraterritorial Jurisdiction (ETJ).
The Planning & Zoning Commission recommended approval.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING LANDS OF
LAURIA, BLOCK A, LOT 1, DEVELOPMENT PLAT
h. Approve a Resolution regarding the Anna Ranch, Phases 2 & 3, Preliminary
Plat. (Director of Development Services Ross Altobelli)
176 single-family dwelling, detached lots, 123 single-family dwelling, attached
lots, and 19 common area lots on 65.6± acres located at the northeast and
southeast corners of Leonard Avenue and E. Foster Crossing Road. Zoned:
Planned Development -Single -Family Residence (SF-60) and Townhome District
(SF-TH) (Ord. No. 933-2021).
The purpose for the Preliminary Plat is to propose rights -of -way, lot and block
boundaries, and easements necessary for the creation of a single-family
residential development.
The Planning & Zoning Commission recommended approval.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING ANNA
RANCH, PHASES 2 & 3, PRELIMINARY PLAT
i. Approve a Resolution regarding the Anna Town Square Addition, Block A, Lots
1 & 2, Preliminary Plat. (Director of Development Services Ross Altobelli)
Multiple -family residences on Lot 1 and vacant lot on 24.5± acres located at the
northwest corner of Finley Boulevard and Florence Way. Zoned: Planned
Development Multiple -Family — High Density (PD-MF-2) (Ord. No. 129-2004 and
Ord. No. 627-2013).
The purpose for the preliminary plat is to propose lot and block boundaries and
easements necessary for the creation of the multiple -family residential
development on Lot 1.
The Planning & Zoning Commission recommended approval.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING ANNA TOWN
SQUARE ADDITION, BLOCK A, LOTS 1 & 2, PRELIMINARY PLAT
Approve a Resolution approving the City of Anna's participation in the Texoma
Council of Governments Low Income Household Water Assistance Program
and Authorize the City Manager to execute the agreement. (Director of Finance
Alan Guard)
The Texoma Council of Governments has received funds through the American
Recovery Plan Act (ARPA) to provide financial assistance to low income
households for the payment of utility bills. Collin County is one of the counties
the Texoma COG has been authorized to provide services. The Texoma COG
has reached out to the City of Anna to solicit our participation in the program.
The City would only have to provide confirmation of the neighbor's residency
and outstanding balances. The City would not have to provide any financial
match.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA,
APPROVING PARTICIPATION IN THE TEXOMA COUNCIL OF
GOVERNMENTS LOW INCOME HOUSEHOLD WATER ASSISTANCE
PROGRAM (LIHWAP) AND AUTHORIZE THE CITY MANAGER TO EXECUTE
THE AGREEMENT.
k. Acting as the Anna Housing Finance Corporation ("AHFC") Board of Directors,
approve resolutions approving substantially final partnership documents for the
Parmore Anna (Senior Living) financing. ( Director of Economic Development
Joey Grisham)
This item is related to the Parmore Senior Living project planned in the Anna
Town Square Development. JPI is now working with a different lender (InterTek)
and the following documents reflect the change.
Approve an Ordinance Calling the May 7, 2022, General Election.
(City Secretary Carrie Land)
In accordance with the general laws and Constitution of the State of Texas and
the Charter of the City of Anna, a City Council Member's election is to be held on
the first Saturday in May. It is necessary to order an election to be held on
May 7, 2022, for the purpose of electing three (3) City Council Members for
Places2, 4, and 6.
The election will be held as a joint election administered by the Collin County
Elections Administrator. The Election Services Contract will be between Collin
County Elections Administrator, the City of Anna, and various other political
subdivisions..
The polling location will be moved from the Anna ISD Board Room to the new
City Hall Lobby.
The total cost for the Election is $9,168.64.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS,
ORDERING A GENERAL ELECTION TO BE HELD ON MAY 7, 2022, FOR THE
PURPOSE OF ELECTING THREE (3) CITY COUNCIL MEMBERS;
DESIGNATING POLLING PLACES; ORDERING NOTICES OF ELECTION TO
BE GIVEN; ADOPTING A VOTING SYSTEM; AUTHORIZING EXECUTION OF
JOINT ELECTION CONTRACTS; PROVIDING SAVINGS, SEVERABILITY,
AND REPEALING CLAUSES; AND PROVIDING AN EFFECTIVE DATE.
7. Items For Individual Consideration.
a. Conduct a Public Hearing/Consider/Discuss/Action on a Resolution regarding
the Anna Crossing, Phase 5, Block 5, Lot 10R, Replat. (Director of Development
Services Ross Altobelli)
Single-family dwelling, detached, and HOA lot on 0.2± acre located at the
northeast corner of Mathew Drive and Elizabeth Street. Zoned: Planned
Develop ment-SF-60 Single -Family Residential (Ord. No. 129-2004 &
Ord. No. 627-2013).
The purpose of the replat is to consolidate two lots.
The Planning & Zoning Commission recommended approval.
Mayor Pike opened the public hearing at 7:19 PM.
There were no public comments.
Mayor Pike closed the public hearing at 7:19 PM.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING ANNA
CROSSING, PHASE 5, BLOCK 5, LOT 10R, REPLAT.
MOTION: Council Member Toten moved to approve. Council Member Miller
seconded. Motion carried 7-0.
8. 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 exception
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). Meeting Procedures
b. Discuss or deliberate the purchase, exchange, lease, or value of real property
(Tex. Gov't Code §551.072).
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 commercial/retail
development.
d. Discuss or deliberate personnel matters (Tex. Gov't Code §551.074). Boards
and Commissions.
MOTION: Mayor Pike moved to enter Closed Session. Council Member Toten
seconded. Motion carried 7-0.
Mayor Pike recessed the meeting at 7:21 PM.
Mayor Pike reconvened the meeting at 8:19 PM.
9. 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.
There was no action taken.
10. Adjourn.
Mayor Pike adjourned the meeting at 8:19 PM.
Approved on February 22, 2022.
Mayor Nate Pike
ATTEST:
City Secretary Carrie L. Land
THE CITY OF
Anna
City Council Agenda
Staff Report
Meeting Date: 2/22/2022
Staff Contact: Marc Marchand
AGENDA ITEM:
Review Minutes of the November 15, 2021, and December 20, 2021, Parks Advisory
Board Meetings. (Director of Neighborhood Services Marc Marchand)
SUMMARY:
FINANCIAL IMPACT:
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing:
STAFF RECOMMENDATION:
ATTACHMENTS:
1. 11-15-2021 Parks Advisory Board Minutes
2. 12-20-2021 Parks Advisory Board Meeting Minutes
APPROVALS:
Jeff Freeth, Recreation Manager Created/Initiated - 2/17/2022
Jim Proce, City Manager Final Approval - 2/17/2022
Minutes
n IF, cffYOF Anna Parks Advisory Meeting
itnna Monday, November 15, 2021, 6:00pm
Anna City Hall, 111 N Powell Parkway
MINUTES
ANNA PARKS ADVISORY BOARD MEETING
November 15, 2021
The Parks Board of the City of Anna met at 6:00 PM, on November 15, 2021, at the 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
a. The meeting was called to order at 6:OOpm. Members present were Elden Baker,
Michelle Clemens, Joe Crowder, LeQuey Douglas, Eirik Hansen, Mackenzie Jenks, and
Jon Schwyzer. Staff present included Recreation Manager Jeff Freeth, Neighborhood
Services Director Marc Marchand, and Park Planning and Development Manager Dalan
Walker and City Council Liaison Stan Carver.
2. Staff presented a report on recreation programming and upcoming events.
3. Staff presented a project update on the Parks Capital Projects:
Motion to
recommend moving forward with the skate
park contract
made by Elden Baker,
seconded
by Eirik Hansen. Motion carried 7-0.
4. Park Minutes
a. October 18, 2021
A motion was made by Eirik Hansen, seconded by Elden Baker, to approve the Minutes of the
October 18, 2021, meeting. Motion carried 7-0.
2. Adjourn
Eirik Hansen adjourned the meeting at 7:50 pm
Marc Marchand, Director of Neighborhood
'ces
ATTEST
Minutes
'I'l lV ('I'IY Op Anna Parks Advisory Meeting
Anima Monday, December 20, 2021, 6:00pm
Anna City Hall, 111 N Powell Parkway
MINUTES
ANNA PARKS ADVISORY BOARD MEETING
December 20, 2021
The Parks Board of the City of Anna met at 6:00 PM, on December 20, 2021, at the 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
a. The meeting was called to order at 6:00pm. Members present were Elden Baker,
Michelle Clemens, Joe Crowder, LeQuey Douglas, Eirik Hansen, and Jon Schwyzer.
Mackenzie Jenks was absent. Staff present included Recreation Manager Jeff Freeth,
Neighborhood Services Director Marc Marchand, Parks Superintendent Matt Lewis and
Park Planning and Development Manager Dalan Walker and City Council Liaison Stan
Carver.
2. Staff presented an update on the Skatepark Project and Joint Meeting with Council.
3. Staff presented a report on recreation programming and upcoming events.
4. Staff presented on pickleball courts and programming.
5. Parks Advisory Board Members selected the winners of the 12 Days of Anna Christmas Tree
Competition and Elf on a Shelf contest winners.
6. Park Minutes
a. November 15, 2021
A motion was made by Elden Baker, seconded by Eirik Hansen, to approve the Minutes of the
November 15, 2021, meeting. Motion carried 6-0.
7. Adjourn
Eirik Hansen adjourned the meeting at 7:33 pm.
M rc Marchand, Director of Neighborhood
Services
ATTEST:
THE CITY OF
Anna
i00►159W=
City Council Agenda
Staff Report
Meeting Date: 2/22/2022
Staff Contact: Dean Habel
AGENDA ITEM:
Approve Police Department report on 2021 racial profiling data that was submitted to
the Texas Commission on Law Enforcement (TCOLE). (Police Chief Dean Habel)
SUMMARY:
Approve police department report on 2021 racial profiling data that was submitted to the
Texas Commission on Law Enforcement (TCOLE). (Police Chief Dean Habel). TCOLE
Racial Profiling Report and Detailed Analysis attached.
FINANCIAL IMPACT:
None
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing:
High performing professional city.
STAFF RECOMMENDATION:
Approve Reports
ATTACHMENTS:
1. 2021 TCOLE Racial Profiling Report
2. 2021 TCOLE Racial Profiling Analysis Report
APPROVALS:
Dean Habel, Police Chief Created/Initiated - 2/1/2022
Jim Proce, City Manager Final Approval - 2/17/2022
Racial Profiling Report � Full
Agency Name: ANNA POLICE DEPT.
Reporting Date: 02/01/2022
TCOLE Agency Number: 085204
Chief Administrator: DEAN R. HABEL
Agency Contact Information:
Phone: (972) 924-2828
Email: dhabel@annatexas.gov
Mailing Address:
101 S POWELL PKWY
ANNA, TX 75409-2604
This Agency filed a full report
ANNA POLICE DEPT. has adopted a detailed written policy on racial profiling. Our policy:
1) clearly defines acts constituting racial profiling;
2) strictly prohibits peace officers employed by the ANNA POLICE DEPT. from engaging in racial profiling;
3) implements a process by which an individual may file a complaint with the ANNA POLICE DEPT. if the
individual believes that a peace officer employed by the ANNA POLICE DEPT. has engaged in racial profiling
with respect to the individual;
4) provides public education relating to the agency's complaint process;
5) requires appropriate corrective action to be taken against a peace officer employed by the ANNA POLICE
DEPT. who, after an investigation, is shown to have engaged in racial profiling in violation of the ANNA
POLICE DEPT. policy;
6) requires collection of information relating to motor vehicle stops in which a warning or citation is issued and
to arrests made as a result of those stops, including information relating to:
a. the race or ethnicity of the individual detained;
b. whether a search was conducted and, if so, whether the individual detained consented to the search;
c. whether the peace officer knew the race or ethnicity of the individual detained before detaining that
individual;
d. whether the peace officer used physical force that resulted in bodily injury during the stop;
e. the location of the stop;
f. the reason for the stop.
7) requires the chief administrator of the agency, regardless of whether the administrator is elected, employed,
or appointed, to submit an annual report of the information collected under Subdivision (6) to:
a. the Commission on Law Enforcement; and
b. the governing body of each county or municipality served by the agency, if the agency is an agency of a
county, municipality, or other political subdivision of the state.
The ANNA POLICE DEPT. has satisfied the statutory data audit requirements as prescribed in Article 2.133(c), Code
of Criminal Procedure during the reporting period.
1 of 9
Executed by: DEAN R. HABEL
Police Chief
Date: 02/01/2022
2 of 9
Motor Vehicle Racial Profiling Information
Total stops: 4739
Street address or approximate location of the stop
City street
2926
US highway
1353
County road
60
State highway
335
Private property or other
65
Was race or ethnicity known prior to stop?
Yes 46
No 4693
Race / Ethnicity
Alaska Native / American Indian 35
Asian / Pacific Islander 78
Black 877
White 3081
Hispanic / Latino 668
Gender
Female
1965
Alaska Native / American Indian
5
Asian / Pacific Islander
30
Black
369
White
1373
Hispanic / Latino
188
Male
2774
Alaska Native / American Indian
30
Asian / Pacific Islander
48
Black
508
White
1708
Hispanic / Latino
480
Reason for stop?
Violation of law 92
Alaska Native / American Indian 0
Asian / Pacific Islander 2
Black 23
White 54
3 of 9
Hispanic / Latino
13
Preexisting knowledge
50
Alaska Native / American Indian
0
Asian / Pacific Islander
1
Black
9
White
29
Hispanic / Latino
11
Moving traffic violation
3696
Alaska Native / American Indian
26
Asian / Pacific Islander
66
Black
683
White
2402
Hispanic / Latino
519
Vehicle traffic violation
901
Alaska Native / American Indian
9
Asian / Pacific Islander
9
Black
162
White
596
Hispanic / Latino
125
Was a search conducted?
Yes
54
Alaska Native / American Indian
1
Asian / Pacific Islander
3
Black
14
White
30
Hispanic / Latino
6
No
4685
Alaska Native / American Indian
34
Asian / Pacific Islander
75
Black
863
White
3051
Hispanic / Latino
662
Reason for Search?
Consent 9
Alaska Native / American Indian 0
Asian / Pacific Islander 0
Black 0
White 7
4 of 9
Hispanic / Latino
Contraband
Alaska Native / American Indian
Asian / Pacific Islander
Black
White
Hispanic / Latino
Probable
Alaska Native / American Indian
Asian / Pacific Islander
Black
White
Hispanic / Latino
Inventory
Alaska Native / American Indian
Asian / Pacific Islander
Black
White
Hispanic / Latino
Incident to arrest
Alaska Native / American Indian
Asian / Pacific Islander
Black
White
Hispanic / Latino
Was Contraband discovered?
Yes
MID
Alaska Native / American Indian
Asian / Pacific Islander
Black
White
Hispanic / Latino
Alaska Native / American Indian
Asian / Pacific Islander
Black
White
Hispanic / Latino
2
4
1
0
0
2
1
32
0
3
13
14
2
1
0
0
0
1
0
8
0
0
1
6
1
42
1
3
10
23
5
12
0
0
4
7
1
Did the finding result in arrest?
(total should equal
previous column)
Yes
0
No 1
Yes
1
No 2
Yes
3
No 7
Yes
15
No 8
Yes
1
No 4
5 of 9
Description of contraband
Drugs
30
Alaska Native / American Indian
0
Asian / Pacific Islander
0
Black
9
White
19
Hispanic / Latino
2
Weapons
1
Alaska Native / American Indian
0
Asian / Pacific Islander
0
Black
1
White
0
Hispanic / Latino
0
Currency
0
Alaska Native / American Indian
0
Asian / Pacific Islander
0
Black
0
White
0
Hispanic / Latino
0
Alcohol
10
Alaska Native / American Indian
0
Asian / Pacific Islander
3
Black
1
White
4
Hispanic / Latino
2
Stolen property
0
Alaska Native / American Indian
0
Asian / Pacific Islander
0
Black
0
White
0
Hispanic / Latino
0
Other
5
Alaska Native / American Indian
1
Asian / Pacific Islander
0
Black
0
White
3
Hispanic / Latino
1
Result of the stop
Verbal warning 0
6 of 9
Alaska Native / American Indian
0
Asian / Pacific Islander
0
Black
0
White
0
Hispanic / Latino
0
Written warninq
3408
Alaska Native / American Indian
22
Asian / Pacific Islander
45
Black
618
White
2389
Hispanic / Latino
334
Citation
1311
Alaska Native / American Indian
13
Asian / Pacific Islander
32
Black
256
White
677
Hispanic / Latino
333
Written warninq and arrest
7
Alaska Native / American Indian
0
Asian / Pacific Islander
0
Black
1
White
5
Hispanic / Latino
1
Citation and arrest
13
Alaska Native / American Indian
0
Asian / Pacific Islander
1
Black
2
White
10
Hispanic / Latino
0
Arrest
0
Alaska Native / American Indian
0
Asian / Pacific Islander
0
Black
0
White
0
Hispanic / Latino
0
Arrest based on
Violation of Penal Code 17
Alaska Native / American Indian 0
Asian / Pacific Islander 1
7 of 9
Black
3
White
12
Hispanic / Latino
1
Violation of Traffic Law
0
Alaska Native / American Indian
0
Asian / Pacific Islander
0
Black
0
White
0
Hispanic / Latino
0
Violation of City Ordinance
0
Alaska Native / American Indian
0
Asian / Pacific Islander
0
Black
0
White
0
Hispanic / Latino
0
Outstanding Warrant
3
Alaska Native / American Indian
0
Asian / Pacific Islander
0
Black
0
White
3
Hispanic / Latino
0
Was physical force resulting in bodily injury used during stop?
Yes
1
Alaska Native / American Indian
0
Asian / Pacific Islander
0
Black
0
White
1
Hispanic / Latino
0
Resulting in Bodily Injury To:
Suspect
1
Officer
0
Both
0
No
4738
Alaska Native / American Indian
35
Asian / Pacific Islander
78
Black
877
White
3080
Hispanic / Latino
668
8 of 9
Number of complaints of racial profiling
Total 0
Resulted in disciplinary action 0
Did not result in disciplinary action 0
Comparative Analysis
Use TCOLE's auto generated analysis ❑x
Use Department's submitted analysis ❑
Optional Narrative
N/A
Submitted electronically to the
The Texas Commission on Law Enforcement
9 of 9
Racial Profiling Analysis Report
ANNA POLICE DEPT.
01. Total Traffic Stops: 4739
02. Location of Stop:
a. City Street
2926
61.74%
b. US Highway
1353
28.55%
c. County Road
60
1.27%
d. State Highway
335
7.07%
e. Private Property or Other
65
1.37%
03. Was Race known prior to Stop:
a. NO
4693
99.03%
b. YES
46
0.97%
04. Race or Ethnicity:
a. Alaska/ Native American/ Indian 35 0.74%
b. Asian/ Pacific Islander 78 1.65%
c. Black 877 18.51 %
d. White 3081 65.01 %
e. Hispanic/ Latino 668 14.10%
05. Gender:
a. Female
1965
41.46%
i. Alaska/ Native American/ Indian
5
0.11%
ii. Asian/ Pacific Islander
30
0.63%
iii. Black
369
7.79%
iv. White
1373
28.97%
v. Hispanic/ Latino
188
3.97%
b. Male
2774
58.54%
i. Alaska/ Native American/ Indian
30
0.63%
ii. Asian/ Pacific Islander
48
1.01%
iii. Black
508
10.72%
iv. White
1708
36.04%
v. Hispanic/ Latino
480
10.13%
06. Reason for Stop:
a. Violation of Law
92
1.94%
i. Alaska/ Native American/ Indian
0
0.00%
ii. Asian/ Pacific Islander
2
2.17%
2/1/2022 1 of 7
Racial Profiling Analysis Report
iii. Black
23
25.00%
iv. White
54
58.70%
v. Hispanic/ Latino
13
14.13%
b. Pre -Existing Knowledge
50
1.06%
i. Alaska/ Native American/ Indian
0
0.00%
ii. Asian/ Pacific Islander
1
2.00%
iii. Black
9
18.00%
iv. White
29
58.00%
v. Hispanic/ Latino
11
22.00%
c. Moving Traffic Violation
3696
77.99%
i. Alaska/ Native American/ Indian
26
0.70%
ii. Asian/ Pacific Islander
66
1.79%
iii. Black
683
18.48%
iv. White
2402
64.99%
v. Hispanic/ Latino
519
14.04%
d. Vehicle Traffic Violation
901
19.01 %
i. Alaska/ Native American/ Indian
9
1.00%
ii. Asian/ Pacific Islander
9
1.00%
iii. Black
162
17.98%
iv. White
596
66.15%
v. Hispanic/ Latino
125
13.87%
07. Was a Search Conducted:
a. NO
4685
98.86%
i. Alaska/ Native American/ Indian
34
0.73%
ii. Asian/ Pacific Islander
75
1.60%
iii. Black
863
18.42%
iv. White
3051
65.12%
v. Hispanic/ Latino
662
14.13%
b. YES
54
1.14%
i. Alaska/ Native American/ Indian
1
1.85%
ii. Asian/ Pacific Islander
3
5.56%
iii. Black
14
25.93%
iv. White
30
55.56%
v. Hispanic/ Latino
6
11.11%
08. Reason for Search:
a. Consent
9
0.19%
2/1/2022 2 of 7
Racial Profiling Analysis Report
i. Alaska/ Native American/ Indian
0
0.00%
ii. Asian/ Pacific Islander
0
0.00%
iii. Black
0
0.00%
iv. White
7
77.78%
v. Hispanic/ Latino
2
22.22%
b. Contraband in Plain View
4
0.08%
i. Alaska/ Native American/ Indian
1
25.00%
ii. Asian/ Pacific Islander
0
0.00%
iii. Black
0
0.00%
iv. White
2
50.00%
v. Hispanic/ Latino
1
25.00%
c. Probable Cause
32
0.68%
ii. Alaska/ Native American/ Indian
0
0.00%
i. Asian/ Pacific Islander
3
9.38%
iii. Black
13
40.63%
iv. White
14
43.75%
v. Hispanic/ Latino
2
6.25%
d. Inventory
1
0.02%
i. Alaska/ Native American/ Indian
0
0.00%
ii. Asian/ Pacific Islander
0
0.00%
iii. Black
0
0.00%
iv. White
1
100.00%
v. Hispanic/ Latino
0
0.00%
e. Incident to Arrest
8
0.17%
i. Alaska/ Native American/ Indian
0
0.00%
ii. Asian/ Pacific Islander
0
0.00%
iii. Black
1
12.50%
iv. White
6
75.00%
v. Hispanic/ Latino
1
12.50%
09. Was Contraband Discovered:
YES
42
0.89%
i. Alaska/ Native American/ Indian
1
2.38%
Finding resulted in arrest - YES
0
Finding resulted in arrest - NO
1
ii. Asian/ Pacific Islander
3
7.14%
Finding resulted in arrest - YES
1
Finding resulted in arrest - NO
2
iii. Black
10
23.81%
2/1/2022 3 of 7
Racial Profiling Analysis Report
Finding resulted in arrest
- YES
3
Finding resulted in arrest
- NO
7
iv. White
23
54.76%
Finding resulted in arrest
- YES
15
Finding resulted in arrest
- NO
8
v. Hispanic/ Latino
5
11.90%
Finding resulted in arrest
- YES
1
Finding resulted in arrest
- NO
4
b. NO
12
0.25%
i. Alaska/ Native American/
Indian
0
0.00%
i. Asian/ Pacific Islander
0
0.00%
iii. Black
4
33.33%
iv. White
7
58.33%
v. Hispanic/ Latino
1
8.33%
10. Description of Contraband
a. Drugs
30
0.63%
i. Alaska/ Native American/ Indian
0
0.00%
ii. Asian/ Pacific Islander
0
0.00%
iii. Black
9
30.00%
iv. White
19
63.33%
v. Hispanic/ Latino
2
6.67%
b. Currency
0
0.00%
i. Alaska/ Native American/ Indian
0
ii. Asian/ Pacific Islander
0
iii. Black
0
iv. White
0
v. Hispanic/ Latino
0
c. Weapons
1
0.02%
i. Alaska/ Native American/ Indian
0
0.00%
ii. Asian/ Pacific Islander
0
0.00%
iii. Black
1
100.00%
iv. White
0
0.00%
v. Hispanic/ Latino
0
0.00%
d. Alcohol
10
0.21 %
i. Alaska/ Native American/ Indian
0
0.00%
ii. Asian/ Pacific Islander
3
30.00%
iii. Black
1
10.00%
iv. White
4
40.00%
2/1/2022 4 of 7
Racial Profiling Analysis Report
v. Hispanic/ Latino
2
20.00%
e. Stolen Property
0
0.00%
i. Alaska/ Native American/ Indian
0
ii. Asian/ Pacific Islander
0
iii. Black
0
iv. White
0
v. Hispanic/ Latino
0
f. Other
5
0.11 %
i. Alaska/ Native American/ Indian
1
20.00%
i. Asian/ Pacific Islander
0
0.00%
iii. Black
0
0.00%
iv. White
3
60.00%
v. Hispanic/ Latino
1
20.00%
11. Result of Stop
a. Verbal Warning
0
0.00%
i. Alaska/ Native American/ Indian
0
ii. Asian/ Pacific Islander
0
iii. Black
0
iv. White
0
v. Hispanic/ Latino
0
b. Written Warning
3408
71.91%
i. Alaska/ Native American/ Indian
22
0.65%
ii. Asian/ Pacific Islander
45
1.32%
iii. Black
618
18.13%
iv. White
2389
70.10%
v. Hispanic/ Latino
334
9.80%
c. Citation
1311
27.66%
i. Alaska/ Native American/ Indian
13
0.99%
ii. Asian/ Pacific Islander
32
2.44%
iii. Black
256
19.53%
iv. White
677
51.64%
v. Hispanic/ Latino
333
25.40%
d. Written Warning and Arrest
7
0.15%
i. Alaska/ Native American/ Indian
0
0.00%
ii. Asian/ Pacific Islander
0
0.00%
iii. Black
1
14.29%
iv. White
5
71.43%
v. Hispanic/ Latino
1
14.29%
2/1/2022 5 of 7
Racial Profiling Analysis Report
e. Citation and Arrest
13
0.27%
i. Alaska/ Native American/ Indian
0
0.00%
ii. Asian/ Pacific Islander
1
7.69%
iii. Black
2
15.38%
iv. White
10
76.92%
v. Hispanic/ Latino
0
0.00%
f. Arrest
0
0.00%
i. Alaska/ Native American/ Indian
0
ii. Asian/ Pacific Islander
0
iii. Black
0
iv. White
0
v. Hispanic/ Latino
0
12. Arrest Based On:
a. Violation of Penal Code
17
0.36%
i. Alaska/ Native American/ Indian
0
0.00%
ii. Asian/ Pacific Islander
1
5.88%
iii. Black
3
17.65%
iv. White
12
70.59%
v. Hispanic/ Latino
1
5.88%
b. Violation of Traffic Law
0
0.00%
i. Alaska/ Native American/ Indian
0
ii. Asian/ Pacific Islander
0
iii. Black
0
iv. White
0
v. Hispanic/ Latino
0
c. Violation of City Ordinance
0
0.00%
i. Alaska/ Native American/ Indian
0
ii. Asian/ Pacific Islander
0
iii. Black
0
iv. White
0
v. Hispanic/ Latino
0
d. Outstanding Warrant
3
0.06%
i. Alaska/ Native American/ Indian
0
0.00%
ii. Asian/ Pacific Islander
0
0.00%
iii. Black
0
0.00%
iv. White
3
100.00%
v. Hispanic/ Latino
0
0.00%
2/1/2022 6 of 7
Racial Profiling Analysis Report
13. Was Physical Force Used:
a. NO
4738
99.98%
i. Alaska/ Native American/ Indian
35
0.74%
ii. Asian/ Pacific Islander
78
1.65%
iii. Black
877
18.51%
iv. White
3080
65.01 %
v. Hispanic/ Latino
668
14.10%
b. YES
1
0.02%
i. Alaska/ Native American/ Indian
0
0.00%
ii. Asian/ Pacific Islander
0
0.00%
iii. Black
0
0.00%
iv. White
1
100.00%
v. Hispanic/ Latino
0
0.00%
b 1. YES: Physical Force Resulting in Bodily Injury to Suspect
1
100.00%
b 2. YES: Physical Force Resulting in Bodily Injury to Officer
0
0.00%
b 3. YES: Physical Force Resulting in Bodily Injury to Both
0
0.00%
14. Total Number of Racial Profiling Complaints Received:
0
REPORT DATE COMPILED 02/01/2022
2/1/2022 7 of 7
THE CITY OF
Anna
City Council Agenda
Staff Report
Meeting Date: 2/22/2022
Staff Contact: Alan Guard
AGENDA ITEM:
Approve the Quarterly Investment Report for the Period Ending December 31, 2021.
(Director of Finance Alan Guard)
SUMMARY:
In accordance with the Public Funds Investment Act (PFIA), the City of Anna is required
to submit a quarterly report on the investment of all public funds held by the City. The
report includes:
• Review of the City's holdings.
• Comparison of book vs. market value.
• Allocation information by fund.
• Charts showing historical activity.
The City's portfolio as of the quarter ending December 31, 2021 earned an average
yield of 0.36%. The total fiscal year-to-date interest earned is $63,311. Total
investments are up over the previous quarter due to bond revenue and property tax
collections. The report is attached for Council review.
FINANCIAL IMPACT:
Interest earnings YTD of $63,311.
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing:
GOAL 4 - HIGH PERFORMING, PROFESSIONAL CITY
STAFF RECOMMENDATION:
Adopt the report.
ATTACHMENTS:
1. Quarterly Investment Report 12.31.2021
APPROVALS:
Alan Guard, Finance Director Created/Initiated - 2/15/2022
Jim Proce, City Manager Final Approval - 2/17/2022
October 1, 2021 to December 31, 2021
THE CITY OF
manna
QUARTERLY INVESTMENT REPORT
For the Quarter Ended
December 30, 2021
The investment portfolio of the City of Anna is in compliance with the Public Funds Investment Act and the
Investment Policv and,SWateaies.
nt City Manager
Finance Director
Summary
Investment Report
October 1, 2021 to December 31, 2021
Quarter End Results by Investment Category:
December 31,
2021
September
30,
2021
Asset Type
Ave.
Yield
12/31/2021
Market Value
Book Value
Market Value
Bank DDA
0.55%
$
482010,938
$
48,010,938
$
351234,416
$
352234,416
Money Market
0.05%
$
12228,478
$
11228,478
$
11228,323
$
11228,323
Texpool
0,03%
$
21,999,902
$
21,999,902
$
21,997,852
$
21,997,852
Texas CLASS
0,03%
$
1,858,553
$
118581553
$
1,858,429
$
11858,429
Totals
$
731097,871
$
73,097,871
$
60,31%020
$
60,319,020
Current Quarter Average Yield
Total Portfolio 0,36%
Quarterly Interest Income $63,311
Year-to-date Interest Income $63,311
Fiscal Year -to -Date Average Yield
Total Portfolio
0.36%
Summary of Total Investment Book Value by Fund Group
12/31 /2021
12/31/21
9/30/21
General Fund
$
123024,010
$ 824022289
Debt Service Funds
$
12614,383
69,622
General Capital Projects Non Bond
$
22176,307
3,4332365
General Capital Projects Bond
$
132435,112
923882264
Special Revenue Funds
$
1021612598
9,8082173
Water & Sewer Fund
$
72565,850
501732653
Utilities Funds - Restricted
$
232914,667
222098,910
EDC
$
402,542
4105042
CDC
$
1,803,401
1,534,701
TOTAL
$
73,097,871
$ 60,319,020
Investment Holdings
Investment Report
October 1, 2021 to December 31, 2021
Maturity
Purchase
1213112021
913012021
Qtr to Qtr
Description
Yield
Date
Date
12131/2021
Market Value
Book Value
Market Value
Change
Independent Bank
0.55%
6/30/2021
$
48,010,938
$
48,010,938
$
35,234.416
$
35,234,416
$
129776,522
Simmons Bank
0,05%
6/30/2021
$
11228,478
$
1,228,478
$
1,228,323
$
11228,323
$
155
TexPool
0.03%
6/30/2021
$
21,999,902
$
21,999,902
$
211997,852
$
21,997,852
$
2,050
Texas CLASS
0.50%
2/6/2021
8/5/2020 $
11858,553
$
1,858,553
$
11858,429
$
1,858,429
$
124
TOTAL
$
$
7390979871
$
731097,871
60,31%020
$
60,3199020
$
12,7780851
October 1, 2021 to December 31, 2021
Portfolio Comparison
Texas
2
Money Market
2%
■ Bank ■Texas CLA66 ■ TexPaol ■Money Marlret
e
0
Total Portfolio
s0,o00,000
70,000,000 - - - - --
60,000,000 - -
60,000,000
40,000,000
30,000,000
20,000,000 - - - -- -
10,000,000
0 -.. A— _.-- _..
ti9 1°j 1°r NO, .p ,yo ,yo 'tel
Cna� boo' �yQ Oa` 4Ca 41 yak Oa0 tya� 4, 9aQ" Oau
Total Portfolio Performance
0
Mar-19 Jun-19 Sep-19 Dec-19 Mar-20 Jun-20 Sep-20 Dec-20 Mar-21 Jun-21 Sep-21 Dec-21
�TexPool Avg. Yield � Weighted Avg. Yield
THE CITY OF
Anna
City Council Agenda
Staff Report
Meeting Date: 2/22/2022
Staff Contact: Carrie Land
AGENDA ITEM:
Approve an Ordinance amending Ordinance 959-2022 Ordering a General Election to
be held on May 7, 2022. (City Secretary Carrie Land)
SUMMARY:
Collin County Elections Administration has revised Early Voting hours for Saturday,
April 30, 2022 from 7:00 AM - 7:00 PM to 8:00 AM - 5:00 PM.
FINANCIAL IMPACT:
N/A
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing:
Goal 4: High Performing, Professional City
STAFF RECOMMENDATION:
Approve
ATTACHMENTS:
1. Amend Ord Election Order 2022 C03029D20220217CR1
APPROVALS:
Carrie Land, City Secretary Created/Initiated - 2/17/2022
Jim Proce, City Manager Final Approval - 2/17/2022
CITY OF ANNA
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS,
AMENDING CITY OF ANNA ORDINANCE NO. 959-2022 ORDERING A GENERAL
ELECTION TO BE HELD ON MAY 7, 2022 FOR THE PURPOSE OF ELECTING
THREE (3) CITY COUNCIL MEMBERS; DESIGNATING POLLING PLACES;
ORDERING NOTICES OF ELECTION TO BE GIVEN; ADOPTING A VOTING
SYSTEM; AUTHORIZING EXECUTION OF JOINT ELECTION CONTRACTS;
PROVIDING SAVINGS, SEVERABILITY, AND REPEALING CLAUSES; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, in accordance with the general laws and Constitution of the State of Texas
and the Charter of the City of Anna, Texas, a Municipal Officers' election is to be held on
the first Saturday in May; and
WHEREAS, on February 8, 2022 the City Council of the City of Anna ordered an election
to be held on the 7t" day of May 2022, 7:00 a.m. to 7:00 p.m., for the purpose of electing
three (3) City Council Members for Places 2, 4, and 6 on the governing body of the City
of Anna, Texas; and
WHEREAS, subsequent to the City Council ordering said election, the City was informed
that the Collin County Elections Administrator revised certain voting times for early voting;
and
WHEREAS, this ordinance amends Ordinance No. 959-2022 in order to update the
schedule for early voting times as set forth herein;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS:
SECTION 1. Amendment to Section 3 of Ordinance No. 959-2022. Section 3 is hereby
deleted in its entirety and replaced as follows:
W-11 x01Is] z:TWAT1911I I ki [L7
That early voting by personal appearance by any qualified Collin County resident shall be
conducted at the Anna City Hall Lobby. 120 W. 7t" Street, Anna, Texas 75409, or at any
of the other Collin County Vote Center locations established by the Election Services
Contract. The dates and times for early voting by personal appearance are as follows:
CITY OF ANNA, TEXAS ORDINANCE NO. PAGE 1 OF 2
Sunday
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
25-Apr
26-Apr
27-Apr
28-Apr
29-Apr
30-Apr
24-Apr
Early Voting
Early Voting
Early Voting
Early Voting
Early Voting
Early Voting
Barn — 5pm
Barn — 5pm
Barn — 5pm
Barn — 5pm
Barn — 5pm
Barn — 5prn
1-May
2-May
3-May
4-May
5-May
6-May
7-May
Early Voting
Early Voting
7am-7pm
7am-7pm
Early voting by personal appearance for the May 7, 2022, election will be conducted by
the Collin County Elections Administration."
SECTION 2. SAVINGS, SEVERABILITY AND REPEALING CLAUSES
That should any word, sentence, paragraph, subdivision, clause, phrase or section of
this resolution be adjudged or held to be void or unconstitutional, the same shall not affect
the validity of the remaining portions of said resolution, which shall remain in full force
and effect. Except to the extent amended in Section 1, above, Ordinance No 959-2022
shall remain in full force and effect.
SECTION 3. EFFECTIVE DATE
That this ordinance shall become effective immediately from and after its passage.
APPROVED AND ADOPTED by the City Council of the City of Anna, Texas on this the
day of 2022.
ATTESTED:
APPROVED:
City Secretary Carrie L. Land Mayor Nate Pike
CITY OF ANNA, TEXAS ORDINANCE NO. PAGE 2 OF 2
THE CITY OF
Anna
AGENDA ITEM:
�lif'i7►15OW01
City Council Agenda
Staff Report
Meeting Date: 2/22/2022
Staff Contact: Ross Altobelli
Development Agreement — Bridge Tower GP Residential & Commercial (Director of
Development Services Ross Altobelli)
Approve a Resolution entering into a development agreement with Harlow Sheryl
Family Trust, Colby Harlow Trustee — Harlow Capital Management, LLC to establish
development and design regulations for residential and non-residential development on
28.0± acres located at the southwest corner of W. White Street and Slater Creek Road.
SUMMARY:
The intent of the development agreement is to ensure the use of high quality, durable
materials for nonresidential and residential development within the city to create well
designed and attractive architecture.
Approving the development agreement in no way puts an obligation on the City Council
to approve the rezoning request. It only puts in place development and design
regulations should the decision be made to approve the rezoning request.
FINANCIAL IMPACT:
N/A
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing:
Goal 2: Sustainable Anna Community Through Planned Managed Growth
STAFF RECOMMENDATION:
Staff recommends approving a Resolution entering into a Development Agreement.
ATTACHMENTS:
1. Final (watermark) Bridge Tower GP - Development Agreement (building material
and architectural standards)
2. Exhibit 1 - DA (Ord. Legal Description)
3. Exhibit 2 - DA (CP) Bridge Tower GP Residential & Commercial
APPROVALS:
Ross Altobelli, Director of Development Services Created/Initiated - 2/17/2022
Jim Proce, City Manager Final Approval - 2/17/2022
*:/:I 13 11 r_1
DEVELOPMENT AGREEMENT
This Development Agreement (this "Agreement") is entered effective as of February
22, 2022 ("Effective Date") between and among the City of Anna, Texas, a Texas home -rule
municipality ("City") and Sheryl Harlow Family Trust ("Property Owner") as follows:
RECITALS
WHEREAS, the Property Owner is the sole owner of 28.0± acres of real property described in
Exhibit 1 and depicted on Exhibit 2, (the "Property"); and,
WHEREAS, the Property is presently under contract (the "Contract") to be sold by the
Property Owner and purchased by Arden Park Owner, LLC ("Developer"); and,
WHEREAS, Property Owner has, at the request of Developer, applied to rezone the Property
to allow for Planned Development which will include the following zoning districts; C-1
Restricted Commercial (C-1), SF-Z Single -Family Residence District - Zero lot line homes
(SF-Z), and Planned Development - SF-TH Townhome District (PD-SF-TH) with modified
development standards; and,
WHEREAS, the City's Planning & Zoning Commission and City Council have given the
requisite notices by publication and otherwise and have scheduled public hearings with
respect to the rezoning of the Property as required by law; and,
WHEREAS, in the case of the Property being rezoned, the City and Property Owner desire to
enter into a development agreement to establish development and design regulations to
ensure that future development is appropriate for the area and fits in well with adjacent
properties; and,
WHEREAS, it is the Parties' mutual intent that this agreement shall govern only the subject
matter specifically set forth herein and shall supersede provisions of Anna City Code of
Ordinances and other regulations and adopted policies of the City (collectively, "City
Regulations") only to the extent that any such City Regulations directly conflict with the terms
of this development agreement; and,
NOW, THEREFORE, in consideration of the above recitals and the mutual consideration as
reflected in the covenants, duties and obligations contained herein, the sufficiency of which is
hereby acknowledged, the Parties hereto agree as follows, effective as of the Effective Date-
1 1 P a g e
SECTION 1. RECITALS INCORPORATED.
The recitals set forth above are incorporated herein as if set forth in full to further describe the
Parties' intent under this development agreement and said recitals constitute representations
by Property Owner, Developer, and the City.
SECTION 2. DEVELOPMENT STANDARDS / BUILDING MATERIALS.
With respect to all structures/development within the C-1, SF-Z, and PD-SF-TH Zoning
Districts, Property Owner agrees to comply or to cause the builders to comply and any other
successors or assigns to comply with all City Regulations and with the masonry material
requirements and all other requirements of the Anna City Code of Ordinances, Article 9.04
Zoning Ordinance, Section 9.04.034 Supplementary District Regulations, Subsection (e)
Architectural Design Standards and with the following standards (in the event of any conflict,
the following listed standards shall govern).
Nonresidential Buildings (C-1)
A. The exterior walls (excluding doors, door frames, windows, and window frames) shall
use only stone, brick, and/or split face concrete masonry units in the construction of the
exterior facade that are visible to the public.
B. At least 60 percent of exterior fagades not visible to the public (excluding doors, door
frames, windows, and window frames) are required to be brick or rock veneer.
C. A maximum of 10 percent of any exposed exterior wall may consist of EIFS
D. Where the function of an individual business, or the recognized identity of a brand
dictates a specific style, image, or building material associated with that company, the
masonry provision may be modified; however, the development shall maintain harmony
in terms of overall project design and appearance, and such design shall be subject to
approval by the City Council after recommendation from the Planning & Zoning
Commission.
Single -Family Residence Buildings (SF-Z, and PD-SF-TH)
A. Except as noted below, the exterior walls (excluding windows and doors) on the first -
floor front elevation of any structure shall be 80 percent masonry and 50 percent on the
second -floor front elevation. The total cumulative surface area of the remaining exterior
walls (excluding windows and doors) shall be 50 percent masonry.
B. The masonry standards that apply to the front elevation of a single-family home as
described in subsection A above shall also apply to any exterior walls on a single-family
2 1 P a g e
home that are: (i) adjacent to and face a public street or right-of-way; or (ii) visible from
and located immediately adjacent to a public park, reserved open space or
neighborhood common area, or an undeveloped flood hazard or drainage area that is
also adjacent to a public street.
C. A maximum of 10 percent of any exposed exterior wall may consist of EIFS.
D. Second floor Dutch gable roof elements are not required to be masonry if set back at
least 3 feet from the first -floor front elevation vertical plane.
E. The masonry standards that apply to the front elevation of a structure as described in
subsection (A) above shall also apply to any exterior walls on a structure that are: (i)
adjacent to and face a public street or right-of-way; or (ii) visible from and located
immediately adjacent to a public park, reserved open space or neighborhood common
area, or an undeveloped flood hazard or drainage area that is also adjacent to a public
street.
F. Roofing materials of a structure may only consist of architectural asphalt shingles
(including laminated dimensional shingles), clay and concrete tile, metal shingles,
mineral -surfaced row roofing, slate and slate -type shingles, wood shingles, wood
shakes or an equivalent or better product as compared with said materials. Should
architectural shingles be used as roofing material, said shingles shall be accompanied
with a minimum 25-year warranty. Under no circumstance shall three -tab shingles be
used as roofing material.
G. House repetition:
1) Within residential developments, single-family homes with substantially identical
exterior elevations can only repeat every three (3) lots when fronting the same
right-of-way including both sides of the street.
2) Homes side by side or across the street within one house (directly across the
street or "caddy corner" across the street) shall not have substantially identical
exterior elevations.
H. Roofs:
1) Except for porch roofs and shed roofs, pitched roofs shall have a minimum slope
of 6" x 12" (six inches vertical rise for every 12 inches horizontal run) and shall
have an overhang at least 1' (one foot) beyond the building wall; however, the
overhang shall not encroach into a setback more than one foot. Porch roofs and
shed roofs must have a minimum pitch of 4" x 12".
2) Roofing materials in all residential districts may only consist of architectural
asphalt shingles (including laminated dimensional shingles), clay and concrete
tile, metal shingles, mineral -surfaced row roofing, slate and slate -type shingles,
31 Page
or better product as compared with said materials. Should architectural shingles
be used as roofing material, said shingles shall be accompanied with a minimum
25-year warranty. Under no circumstance shall three -tab shingles be used as
roofing material.
I. Garages:
1) On front entry garages the face of a garage (i) may not be extended more than
ten feet beyond the remainder of the front elevation of the primary living area of a
house; and (ii) the garage doors may not be over 60% of the total frontage width
of a house whether or not swing drives ("J" drives) are used. Porches or columns
are not considered part of the front elevation of the primary living area.
2) All garages must also incorporate wood clad (or equivalent) garage doors or
wood composite doors and contain at least two of the following enhancements:
i. Two single garage doors (in lieu of double doors);
ii. Decorative windows;
iii. Decorative hardware;
iv. Garage door recessed a minimum of 12 inches from the garage face;
v. Cast stone surround.
J. Building articulation: At least four (4) facade articulation techniques are required on
each single-family home to add architectural variety and interest to a building. The
following features shall be acceptable techniques of exterior articulation.
1) A base course or plinth course; banding, moldings, or stringcourses; quoins;
oriels; cornices; arches; brackets; keystones; dormers; louvers as part of the
exterior wall construction. (Quoins and banding shall wrap around the corners of
the structure for at least two feet.)
2) Balconies.
3) Bay windows.
4) Masonry chimney(s).
5) Double -entry door(s).
6) Covered Entry(ies)
41 Page
7) The use of both stone and brick on the front elevations with a minimum of ten
percent coverage of one of the elements.
8) Front porch of at least 50 square feet.
9) The installation of at least two (2) coach lights.
10)Other techniques for building articulation can be substituted if administratively
approved by the administrative official.
K. Fenestration:
1) Windowless exterior walls, excluding garage doors, that face a public right-of-
way or other similar highly visible areas are prohibited. On two-story structures,
windows are required on the first and second story facing a public right-of-way.
2) Windows shall be in harmony with and proportionate to the rest of the structure.
3) The use of reflective glass on residential structures is prohibited. Reflective glass
will be defined as having a visible light reflectance rating of 15% or greater.
A*QIIf] IBM 01 to] 11191*4
Any and all notices required to be given by either of the parties hereto must be in writing and
will be deemed delivered upon personal service, if hand -delivered, or when mailed in the
United States mail, certified, return receipt requested, addressed as follows:
To City: City Manager
City of Anna
111 North Powell Parkway
PO Box 776
Anna, Texas 75409
To Property Owner: Sheryl Harlow Family Trust,
Colby Harlow Trustee
P.O. Box 190136
Dallas, TX 75219
SECTION 4. MODIFICATIONS OR TERMINATION.
This Agreement may only be modified and/or terminated as follows: (a) by mutual written
agreement of Property Owner and City; and/or (b) unilaterally by City upon a continuing
5 1 P a g e
default of the Property Owner. Notwithstanding the foregoing or any other provision of this
Agreement, this Agreement shall terminate and be null and void if the City does not approve
the rezoning of the Property to be zoned as Planned Development which includes the
following zoning district; Restricted Commercial (C-1), Single -Family Residence - Zero lot
line homes (SF-Z), and Planned Development - Single -Family Townhome District (PD-SF-
TH) with modified development standards, as set forth in Section 9.04 of the Anna City Code
of Ordinances, ("Zoning Ordinance"). The parties acknowledge and agree that the rezoning
of the Property is a legislative act and that this Agreement does not bind the City Council to
approve any proposed rezoning of the Property.
SECTION 5. CLOSING.
The Contract provides that the closing and funding of the sale of the Property shall occur on
April 29, 2022, unless otherwise amended by the parties to the Contract (the "Closing").
Notwithstanding anything to the contrary herein, upon Closing and funding of the sale of the
Property, Developer or its successors or assigns shall be deemed to have fully assume all of
Property Owner's rights and obligations under this Agreement and Property Owner, its
successors and assigns, shall be fully and completely released from this Agreement for all
purposes, without the necessity of additional notice from or action by any Party. Nothing in this
Section 5 shall serve to release any subsequent owners of the Property from the terms,
conditions and obligations in this Agreement.
If Closing does not occur and the Contract is terminated, the City agrees to reasonably
cooperate with Property Owner to release the Property from this Agreement or to modify the
terms and conditions of this Agreement to accommodate any subsequent purchaser(s) and/or
alternative use(s) of the Property.
SECTION 6. DEFAULT.
If Property Owner, its heirs, successors or assigns or subsequent owners of the Property, fail
to fully comply with all the terms and conditions included in this Agreement after the Notice and
Cure Period (the "Defaulting Owner"), City will have the following non-exclusive and
cumulative remedies.
A. Withholding of utilities or withholding or revocation of permits and other approvals
required for development and use of the portion of the Property that is the subject of
the default (but no other portions of the Property) including without limitation building
permits and certificates of occupancy.
B. In the event of a default, the non -defaulting party will additionally have any and all
remedies available to it at equity or in law.
SECTION 7. BINDING ON SUCCESSORS, AGREEMENT RUNS WITH THE LAND.
61 Page
Except as otherwise provided for herein, this Agreement will be binding upon and inure to
the benefit of the parties' respective successors, assigns and personal representatives.
This Agreement will run with the land and be binding on all subsequent Property Owners.
SECTION 8. INDEMNIFICATION AND HOLD HARMLESS.
THE PROPERTY OWNER, INCLUDING ITS SUCCESSORS AND ASSIGNS (THE
"INDEMNIFYING PARTY"), HEREBY COVENANTS AND AGREES TO RELEASE,
DEFEND, HOLD HARMLESS, AND INDEMNIFY THE CITY AND ITS OFFICERS,
AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ALL THIRD -PARTY
CLAIMS, SUITS, JUDGMENTS, DAMAGES, AND DEMANDS (TOGETHER, "CLAIMS")
AGAINST THE CITY, WHETHER REAL OR ASSERTED INCLUDING WITHOUT
LIMITATION REASONABLE ATTORNEY'S FEES, RELATED EXPENSES, EXPERT
WITNESS FEES, CONSULTANT FEES, AND OTHER COSTS, ARISING OUT OF THE
GROSS NEGLIGENCE OR INTENTIONALWRONGFUL CONDUCT OF THE
INDEMNIFYING PARTY, INCLUDING THE GROSS NEGLIGENCE OR INTENTIONAL
WRONGFUL CONDUCT OF ANY OF ITS EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS, MATERIAL MEN, AND AGENTS, IN CONNECTION WITH THE
DESIGN OR CONSTRUCTION OF ANY PUBLIC INFRASTRUCTURE, STRUCTURES, OR
OTHER FACILITIES OR IMPROVEMENTS THAT ARE REQUIRED OR PERMITTED
UNDER THIS AGREEMENT AND/OR CITY REGULATIONS AND/OR ANY APPLICABLE
DEVELOPMENT STANDARDS AND/OR ANY OTHER GOVERNING REGULATIONS; AND
IT IS EXPRESSLY UNDERSTOOD THAT SUCH CLAIMS SHALL, EXCEPT AS MODIFIED
BELOW, INCLUDE CLAIMS EVEN IF CAUSED BY THE CITY'S OWN CONCURRENT
NEGLIGENCE SUBJECT TO THE TERMS OF THIS SECTION. THE INDEMNIFYING
PARTY SHALL NOT, HOWEVER, BE REQUIRED TO INDEMNIFY THE CITY AGAINST
CLAIMS CAUSED BY THE CITY'S SOLE NEGLIGENCE. IF THE CITY INCURS CLAIMS
THAT ARE CAUSED BY THE CONCURRENT NEGLIGENCE OF THE INDEMNIFYING
PARTY AND THE CITY, THE INDEMNIFYING PARTY'S INDEMNITY OBLIGATION WILL
BE LIMITED TO A FRACTION OF THE TOTAL CLAIMS EQUIVALENT TO THE
INDEMNIFYING PARTY'S OWN PERCENTAGE OF RESPONSIBILITY. THE
INDEMNIFYING PARTY FURTHER COVENANTS AND AGREES TO RELEASE, DEFEND,
HOLD HARMLESS, AND INDEMNIFY, THE CITY AGAINST ANY AND ALL CLAIMS BY
ANY PERSON CLAIMING AN OWNERSHIP INTEREST IN THE PROPERTY AS OF THE
DATE HEREOF WHO HAS NOT SIGNED THIS AGREEMENT IF SUCH CLAIMS RELATE
IN ANY MANNER OR ARISE IN CONNECTION WITH: (1) THE CITY'S RELIANCE UPON
ANY OF THE INDEMNIFYING PARTIES' REPRESENTATIONS IN THIS AGREEMENT; (2)
THIS AGREEMENT OR OWNERSHIP OF THE PROPERTY; OR (3) THE CITY'S
APPROVAL OF ANY TYPE OF DEVELOPMENT APPLICATION OR SUBMISSION WITH
7 1 P a g e
RESPECT TO THE PROPERTY. At no time shall the City have any control over or charge
of the design, construction or installation of any of the improvements to the Property or
related work or undertakings, nor the means, methods, techniques, sequences or
procedures utilized for the design, construction or installation related to same. This
Agreement does not create a joint enterprise or venture between the City and any of the
Indemnified Parties. This Section 8 will survive the termination of this Agreement.
SECTION 9. RECORDATION.
The parties may record this document in the property records of Collin County on or after
one (1) business day after Closing and funding of the Contract.
SECTION 10. ENTIRE AGREEMENT.
This Agreement is the entire agreement of the parties regarding the subject matter
hereto.
SECTION 11. RECITALS AND EXHIBITS.
The recitals herein and exhibits attached hereto are hereby incorporated by reference.
SECTION 12. AUTHORITY.
Property Owner represents and warrants to the City that the Property Owner owns the
Property that this Agreement is binding and enforceable on the Property.
SECTION 13. INVALID PROVISIONS.
If any provision of this Agreement is held not valid, such provision will be deemed to be
excised there from and the invalidity thereof will not affect any of the other provisions
contained herein.
SECTION 14. EFFECTIVE DATE.
This Agreement will be effective upon the Effective Date first stated herein.
8 1 P a g e
CITY OF ANNA
Jim Proce, City Manager
IN WITNESS WHEREOF:
STATE OF TEXAS
Vloll]01was] 914161111►1
Before me, the undersigned notary public, on the day of , 2022,
appeared Jim Proce, known to me (or proved to me) to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that he executed the same in
his capacity as City Manager of the City of Anna, Texas.
Notary Public, State of Texas
Sheryl Harlow Family Trust, Colby Harlow Trustee
P.O. Box 190136
Dallas, TX 75219
Colby Harlow Trustee
IN WITNESS WHEREOF:
STATE OF TEXAS
COUNTY OF COLLIN
Before me, the undersigned notary public, on the day of , 2022, appeared
, known to me (or proved to me) to be the person whose name is
9 1 P a g e
subscribed to the foregoing instrument, and acknowledged to me that he/she executed the
same in his/her capacity as property owner
Notary Public, State of Texas
Arden Park Owner, LLC
12801 N Central Expressway
Ste 1675
Dallas, TX 75243
Jackson Su, Managing Partner
11ilk \►W►IIIilk IWRITIU:I21Vx01a
STATE OF TEXAS
COUNTY OF COLLIN
Before me, the undersigned notary public, on the day of , 2022, appeared
, known to me (or proved to me) to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that he/she executed the
same in his/her capacity as property owner
Notary Public, State of Texas
101
111Page
EXHIBIT "1"
PROPERTY DESCRIPTION
EXHIBIT "2"
CONCEPT PLAN
EXHIBIT 1
Legal Description
27.967 Acres
BEING all that certain lot, tract, or parcel of land, situated in the Joseph Schluter Survey, Abstract Number 856, City of
Anna, Collin County, Texas, and being all that certain tract of land, described by deed to Colby Harlow, Trustee of the
Sheryl Harlow Family Trust, recorded in Document Number 20110721000760500, Deed Records, Collin County, Texas,
and being more particularly described as follows:
BEGINNING at a 1/2" capped rebar found, stamped "RPLS 5633", at the northwest corner of said Harlow tract, same
being the southwest corner of a certain tract of land, described by deed as Parcel 25 to the State of Texas, recorded in
Document Number 20120608000684090, Deed Records, Collin County, Texas, being the northeast corner of that certain
tract of land, described by deed to Aziz Hassan, recorded in Document Number 20190322000298780, Deed Records,
Collin County, Texas, and being in the south line of West White Street (FM 455, called 90-foot right-of-way);
THENCE S 89°27'29" E, with the north line of said Harlow tract, and the south line of West White Street, a distance of
765.88 feet to a 1/2" capped rebar set, stamped "MCADAMS" at the northeast corner of said Harlow tract, same being
the southeast corner of said Parcel 25, and being in the west line of Slater Creek Road (Private Road), called 1.496 Acres
to the Slater Creek Association, recorded in Volume 1158, Page 316, Deed Records, Collin County, Texas, and being in
the south line of West White Street;
THENCE S 01°25'53" W, with the east line of said Harlow tract, and the west line of said Slater Creek Road, a distance of
1593.99 feet to a 1/2" rebar found, at the southeast corner of said Harlow tract, same being the southwest corner of
said Slater Creek Road, and being in the north line of a certain tract of land, described by deed to William and Andrea
Henry, recorded in Document Number 20100528000541220, Deed Records, Collin County, Texas, from which a 5/8"
rebar found, bears S 87°17'25" E, 39.26 feet;
THENCE with the south line of said Harlow tract, and the north line of said Henry tract, the following 6 (six) calls:
N 87°18'25" W, a distance of 55.67 to a 1/2" capped rebar set, stamped "MCADAMS";
S 87°46'59" W, a distance of 78.50 feet to a 1/2" capped rebar found;
S 88°13'01" E, a distance of 145.10 feet to a 1/2" capped rebar set, stamped "MCADAMS";
S 88°53'01" E, a distance of 227.80 feet to a 1/2" capped rebar set, stamped "MCADAMS";
S 89°21'01" E, a distance of 209.30 feet to a 1/2" capped rebar set, stamped "MCADAMS";
N 89°35'01" W, a distance of 48.70 feet to a 1/2" rebar found at the southwest corner of said Harlow tract, same
being the southeast corner of a certain tract of land, described by deed to the City of Anna, recorded in
Document Number 20060714000982730, Deed Records, Collin County, Texas, and being in the north line of said
Henry tract;
THENCE N 01°23'53" E, with the west line of said Harlow tract, and the east line of said City of Anna tract, passing at a
distance of 1283.62 feet a 1/2" capped rebar found, stamped "BRENNAN 5360" at the northeast corner thereof, same
being the southeast corner of said Hassan tract, continuing a total distance of 1589.95 feet to the POINT OF BEGINNING
and containing approximately 27.967 acres of land.
11
EXHIBIT 2
HASSAN AZIZ
ABS A0331 JOHN C FARRIS
SURVEY, TRACT 6, 1.915 ACRES
ZONING: C-1
LAND -USE: VACANT
YELLOW W. LAND CO, LLC
ABS A0331 JOHN C FARRIS SURVEY,
TRACT 7, 3.826 ACRES
ZONING: PD-C
LAND -USE: VACANT
WEST CROSSING, PHASE 1
BL E & BL D
ZONING: PD-R
LAND -USE: SINGLE FAMILY
ANNA EYE CARE
SETTLERS WAY, BL B, LT 32R-2
ZONING: C-1
LAND -USE: RETAIL
nPP'11 I v Al ITn oA07c
o.
Qo
,o
Q
Jo
VICINITY MAP
SCALE: 1" = 500'
0
�m
�s
o�
�T
o�
x 60 0 60 120 180 Feet
�o
SCALE: 1 " = 60'
EE
LOT 6
N 01'23'53" E 1593.
e
•5
-
-
INC
•
I
LOT 7
LUINIIN
': F'U-H
LAND -USE:
SINGLE FAMI
Y
LOT 8
LOT 9
LOT 10
LOT 11
LOT 12
LOT 13
LOT 14
LOT 15
Slater Creek
_
Road — _
Private
e
Road
T16 1 LOT17
T 20 1 LOT 21 LOT 22
T�C
LOT 24
LOT 26
64 63 62 61 60 59 58 57
5,500 SF 4,500 SF 4,500 SF 4,500 SF 4,500 SF 4,500 SF 4,500 SF 4356
0.126 Ac. 0.103 Ac. 0.103 Ac. 0.103 Ac. 0.103 Ac. 0.103 Ac. 0.103 Ac. 4,5SF 4,7444 SF 55 54 1 48 43
0.109 Ac.
0.104 Ac. 5,036 SF 5,175 SF 5,186 SF 5,184 SF 5,183SF 5,15° SF 4,895 SF 4,641 SF 4,689 SF 46 45 44 5,645 SF
0.116 Ac.
1 i 55.0' 0.119 Ac. 0.119 Ac. 0.119 Ac. 0.119 Ac. 0.118 Ac. 0.112 Ac. 0.107 Ac. 0.108 Ac. 4,901 SF 5,113 SF 5,081 SF 0.130 Ac.
BLOC D 0.113 Ac. 0.117 Ac. 0.117 Ac.
5
3,240 SF
4 Ac.
68.0' 4
Ln
2,700 SF
N
N
3 108.0
2,700 SF
2 0
2,700 SF N
1
+� o C-)— 0_(
- o
�
O - - �- — _
MN
100.0O 141.0'
(� 4 2 BL SETB CK 0 0 4,:
0.0
�f N `. 30 I 68.0'
of 21
J
CO
Ol
20 8.0
l
BLDG 1
Commercial/Medical
7
24.
Office/General
2 '0
Office/Retail
a
1-Story 7.0
3
l
23,630 SF
�
z
m
0
z
o LL
J
1 0
LL
N
V 93,625 SF N. .
V
No
O 2.149 Ac. 0 M
z
�
J ox
z
c
O N
I N
0
Sri
HASSAN AZIZ
ABS A0856 JOSEPH SLATER SCHLUTER SURVEY,
TRACT 2, 1.843 ACRES
ZONING: C-1
LAND -USE: VACANT
MEN
1111
ao
0
25.0'
0
122.5
TYPICAL SF-TH LOT DETAIL
SCALE: 1" = MY
>
-
0
0.0' ROW
0
0
N
0,
45.0
5.0� 1
1
l l
l l
L_ -1
L- —1
L- —1
L_ -1
TYPICAL SF-Z LOT DETAIL
SCALE: 1" = 60'
CT
14
15
3,780 SF
3,780 SF
0.087 Ac.
0.087 Ac.
'
13
16
2,700 SF
2,700 SF
14
13
68.0'12
68.0' 17
6,344 SF
I 5,103 SF
4 84? SF
4,84
11
1o�
9
$
2,700 SF
2,700 SF
0.146 Ac.
0.117 Ac.
I
Ac.
I 4,588 SF
I 4,5030
I 4,501 SF
5,501 SF
8.992
11
'
0.105 Ac.
0.103 Ac.
I
0.103 Ac.
0.126 Ac.
108.
18 108.
LL
I I
2,700 SF
2,700 SF
'
10
0
19
0
2,700 SF
U
V
2,700 SF
LO
O
_ _
9 Ci
0
m
55.0'
Z
2,700 SF No
(�
2,700 SF N
$
1
1
2
3
4
5
6
7
J
21
F
7_3,456 SF
Ib
3,456 SF
5,501 SF
0.126 Ac.
4,501 SF
0.103 Ac.
4,501 SF
0.103 Ac.
4,501 SF
0.103 Ac.
4,501 SF
0.103 Ac.
4,501 SF
5,501 SF
c.
Green
c
'
0.103 Ac.
0.126 Ac.
u7
U
Space/Common
Neighborhood
Area Lot 10.0
r
Q
— ----� °°
�
V
2,500 SF
�
O
29 15.o
Pool
— —
SINGLE
FAMILY
ZERO LOT
LINE ZONING
0
N
m
8,804 SF
0.202 Ac.
797 SF
$$ LOTS
— — -�
I
Lv
I
O
7
22
Z
3,456 SF
0.079 Ac.
45
0 079 Ac.
0
7
6
'
�23
498 SF
2,700 SF
2,700 SF
5,501 SF
10
I 4,501 SF I
4,501 SF
4,501 SF
195 Ac.
0
N
68, 0
24
0.126 Ac.
0.103 Ac. I
I
0.103 Ac.
i 0.103 Ac. I
0 SF
68.0
700 SF
W
�
6
2,700 SF108
2,700 SF 108.
'
— —
8,266 SF j
0
55.0'
O
0.190 Ac.
'
2,700 SF
r
2,700 SF
0
7
Q
3,240 SF
4 Ac.
(� 6 o
0 2,700 SF N
CO 5
2,700 SF
68.0' 4
LO
2,700 SF
3 108.0'
2,700 SF
2
_ 2,700 SF
0.962 AS--
13_780
SF
0 2 0 27 0 1
N 2,700 SF N 2,700 SF N 5,501 SF 4,501 SF 4,5 0 SF 4,4 SF 5 0
. ' 0.126 Ac. 0.103 Ac. 0.103 Ac. 0.102 Ac. 7,507 SF
1 28 0.172 Ac.
SF SF
0.087 Ac. 0.087 Ac.
I
AC --
TRA['T 0 /
55.0'
1 2 3 4
5,501 SF 4,501 SF 4,501 SF 4,501 SF
0.126 Ac. 0.103 Ac. 0.103 Ac. 0.103 Ac.
N 01 °23'53" E 1589.95'
LOC D 0 0
J
5 6 a°�
7 8 5.0 9X-¢` 10 11 12
501 SF 4,501 SF 4,501 SF 4,501 SF 4, 1 S� 4,51 SF 4,700 SF 4,992 SF
103 Ac. 0.103 Ac. 0.103 Ac. 0.103 Ac. 0.1 A� 0.104 Ac. 0.108 Ac. 0.115 Ac.
E
O
U
ANNA CITY OF
ABS A0856 JOSEPH SLATER SCHLUTER SURVEY,
TRACT 43, 19.309 ACRES
ZONING: SF-E
LAND -USE: VACANT
6 C'
r
Cd
I UT-1
TYPICAL HEAD IN PARKING STALL
SCALE: 1" = 30'
0
N
N
�s
TYPICAL PARALLEL PARKING STALL
SCALE: 1" = 30'
Site Data Summary Table
General Site Data
Tract 1
Tract 2
Tract 3
Commercial
Townhome
Single Family
Zoning
C-1
SF-TH
SF-Z
Land -Use
Commercial/
Medical/
General office/
Reta i I
Townhome
Single Family
Minimum Lot Area
20,000sf
N/A
4,500sf
Building Size
49,130sf
2,700sf
1,200sf
Maximum Height
25.0 ft / 1 story
35 ft
35 ft
Max. Lot Coverage
16%
21%
63%
Total Land Area
4.57 ac
5.93 ac
17.47 ac
Minimum Lot Width
60'
25'
45'
Minimum Lot Depth
100,
108'
100,
Number of Lots
2
53
1 88
Parki ng
Parking Ratio (Medical Office)
5 per 1,000GSF
N/A
N/A
Required (49,130sf)
244
Provided
249
13
4,722 SF
0.108 Ac.
0 25
p 6,850 SF
co 0.157 Ac. r 26 ^r 27 28 nn
24
'
4,725 SF
0.108 Ac.
— —
23
30
4,725 SF
7,203 SF
0.108 Ac.
0.165 Ac.
105.0'
22
31
4,725 SF
5,721 SF
0.108 Ac.
0
0.131 Ac.
0
�6P
Y
21
(�
Y
32
4,725 SF
0
;
6,236 SF
0.108 Ac.
J
0.143 Ac.
20
I
L6
33
4,762 SF
I
4)
7,874 SF
65X
0.109 Ac.
0
0.181 Ac.
Q.
�11 598
F
Common Area Lot
289
c'
19
Proposed
5.0' Sidewalk
5,055 SF
0.116 Ac.
18
5,617 SF
0.129 Ac.
VA
17
5,820 SF
0.134 Ac.
31�
16 9,449 SF Proposed 5.0' Sidewalk 66X
0.217 Ac. 99,291 SF
2.279 Ac.
Common Area Lot
Detention Basin
Proposed Dog Park
15
14 12,101 SF
6,573 SF 0.278 Ac.
0.151 Ac.
TRACT 3
TRACT LINE
TRACT 1: SHALL FOLLOWING THE ZONING
STANDARDS PER SECTION 9.04.021, C-1
GENERAL BUSINESS DISTRICT OF THE
CITY OF ANNA, TEXAS ZONING
ORDINANCE.
TRACT 2: SHALL FOLLOW THE ZONING
STANDARDS PER SECTION 9.041,0114 SF-Z
SINGLE FAMILY RESIDENCE DISTRICT OF
THE CITY OF ANNA, TEXAS ZONING
ORDINANCE.
TRACT 3. SHALL FOLLOWING THE ZONING
STANDARDS PER SECTION 9.04,015, SF-TH
SINGLE FAMILY TOWNHOME DISTRICT OF
THE CITY OF ANN& TEXAS ZONING
ORDINANCE
LOT 27
42
9,542 SF
0.219 Ac.
41
7,347 SF
0.169 Ac.
40
4,695 SF
0.108 Ac.
39
4,893 SF
0.112 Ac.
38
5,002 SF
0.115 Ac.
37
5,001 SF
0.115 Ac.
36
5,153 SF
0.118 Ac.
5r.
VN
35
5,94, SF
0.137 Ac.0
Sri
v
an
N 34
0
a
055 SF
D- C1185 Ac.
I
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w
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67X
'bol F
Ono
Notes:
1. All dumpster's will be screened with a T masonry screening wall and gates with metal
gates.
2. Parking shall be provided in accordance with Section 9.04.037. Parking ratio is shown
at most intense proposed use per City of Anna Zoning Ordinanca
3. Detention basis sized to accommodate both commercial and residential portions of the
development
Revisions: 01 /21 /2022
The John R. McAdams
Company, Inc.
111 Hillside Drive
Lewisville Texas 75057
972. 436. 9712
201 Country View Drive
Roanoke, Texas 76262
OWNER
DEVELOPER
APPLICANT
940. 240. 1012MCADAMS
Harlow Capitol Management, LLC
Bridge Tower GP
McAdams
TBPE:19762 TBPLS:10194440
Colby Harlow - Trustee
12801 N. Central Expressway, Suite 1675
111 Hillside Drive
www.gacon.com
www.mcadamsco.com
P.O. Box 190136
Dallas, Texas 75243
Lewisville, Texas 75077
Dallas, Texas 75219
Ph. 214.440.5606
Ashton Miller
Ph 214.754.0800
Contact: Adam Green
Ph. 214.250.8066
DRAWN BY: AM DATE: 11-10-2021 SCALE:
1" = 60' JOB. No.
Contact. colbyharlowogmail.com
agreenobridgetowerhome com Contact amilleromcadamsco com
CONCEPT PLAN
Bridge Tower GP
Residential & Commercial
88 SF-Z Lots
53 SF-TH Lots &
2 Commercial Lots
4 Common Area Lots
27.96 Acres
in the
THOMAS RATTON SURVEY,
ABSTRACT NO. 782
TRACT 10
CITY OF ANNA
COLLIN COUNTY, TEXAS
THE CITY OF
Anna
Item No. 6.g.
City Council Agenda
Staff Report
Meeting Date: 2/22/2022
Staff Contact: Terri Doby
AGENDA ITEM:
Monthly Financial Report for the Month Ending January 31, 2022. (City Manager Jim
Proce)
SUMMARY:
The City of Anna's financial policies require the publication of a financial report monthly.
This report covers the financial performance for Fiscal Year 2022 through January 31,
2022. Enclosed in the report is an executive dashboard that provides a high level look
at major funds along with detailed reporting of sales tax collections.
The financial condition of the City remains strong and the reported funds adhere to fund
balance requirements.
FINANCIAL IMPACT:
Information only
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing:
Goal 4: High Performing, Professional City
STAFF RECOMMENDATION:
Approve
ATTACHMENTS:
1. FY2022 City Council Monthly Financial Report Jan 2022
APPROVALS:
Terri Doby, Budget Manager Created/Initiated - 2/17/2022
Jim Proce, City Manager Final Approval - 2/17/2022
REVENUES
General Fund
Property Taxes
Sales Tax
Franchise and Local Taxes
Charges for Services
Licenses, Permits & Fees
Investment Income
Other Revenues
Intergovernmental
Fines
Revenue Total
EXPENDITURES
General Fund
Expense Total
Utility Fund
REVENUES
Water Sales
Sewer Charges
Sanitation Revenue
Other Charges for Services
Licenses, Permits & Fees
Investment Income
Other Revenues
Utility Fund Total
EXPENDITURES
Administration
Water
Sewer
Sanitation
Utility Billing
Utility Fund Total
CITY OF ANNA
GENERAL & UTILITY FUNDS DASHBOARD
Through January 31st, 2022
Positive variance compared to historical trends
Warning Negative variance of 3%-5% compared to historical trends
Negative variance of >5% compared to historical trends
$ 8,015,000 $
2,760,000
485,000
111,600
3,668,100
30,000
16,300
48,395
90,000
6,772,063
567,947
11,938
12,750
995,349
9,218
6,348
23,820
54,080
$ 15,224,395 $ 8,453,513
84.5%
20.6%
2.5%
11.4%
27.1 %
30.7%
38.9%
49.2%
60.1 %
55.5%
$ 15,208,754 $ 5,097,249 33.5%
$ 6,000,000 $
3,600,000
1,100,000
745,000
505,000
20,000
188,700
$ 12,158,700 $
$ 1,219,038 $
5,654,073
4,712,683
1,100,000
560,311
$ 13,246,105 $
2,689,158
1,748,653
696,138
165,105
979,234
69,188
6,347,476
443,006
1,756,365
997,452
468,887
152,827
3,818,537
44.8%
48.6%
63.3%
22.2%
193.9%
0.0%
36.7%
52.2%
36.3%
31.1%
21.2%
42.6%
27.3%
28.8%
OF ANNA
ScheduleCITY
For the month December
% Change
2021-22
Collections from
Monthly Prior
Year
Monthly
October $
417,343
24.4% $
335,454
November
483,556
42.2%
340,156
December
552,138
31.7%
419,319
January
338,879
February
292,405
March
441,021
April
375,823
May
385,457
June
467,686
July
432,097
August
406,214
September
453,292
$
1,453,037
$
4,687,804
FY2022 Budget:
4,390,000
33.1 %
Monthly Sales Tax Collections:
3 Year Comparison
$600,000
$500,000
$400,000
$300,000
$200,000
$100,000
$0
40 CIO
0 FY2021-22 o FY2020-21
12 FY2019-20
OF ANNA
BuildingCITY
•
Fiscal Year i2020-21
Monthly
Monthly
October
75
98
November
89
124
December
68
83
January
96
53
February
125
March
104
April
117
May
60
June
95
July
114
August
154
September
120
328
1,247
. Budget
FY2022 Budget:
1,100
29.8%
Monthly Building Permits Received:
2 Year Comparison
180
160
140
120
-
100
80
-
60
40
20
0
�oort
z` z`a�GrgN
O J G
e
0 FY2021-22 0 FY2020-21
THE CITY OF
Anna
�IMM1 ►19=101
City Council Agenda
Staff Report
Meeting Date: 2/22/2022
Staff Contact: Joey Grisham
AGENDA ITEM:
Acting as the Anna Housing Finance Corporation ("AHFC") Board of Directors, engage
and enter into an Agreement for financial and accounting services with Brown, Graham
& Company P.C. (Director of Economic Development Joey Grisham)
SUMMARY:
To prevent the city's Finance Dept. from having to get too involved in the HFC and PFC
projects and financing, staff is recommending entering into an Agreement with Brown,
Graham, & Company to provide financial and accounting services. This firm works with
multiple HFC and PFC groups and has strong expertise on these types of projects.
FINANCIAL IMPACT:
Funds will be used from the HFC account and not the city.
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing:
Goal 2: Sustainable Anna Community Through Planned Managed Growth
STAFF RECOMMENDATION:
Approve.
ATTACHMENTS:
1. 2022 Anna HFC CPA Engagement Letter C03029D20220207CR1 clean
APPROVALS:
Joey Grisham, Economic Development Director Created/Initiated - 2/17/2022
Jim Proce, City Manager Final Approval - 2/17/2022
:TC BROWN, GRAHAM & COMPANY
PROFESSIONAL CORPORATION
CERTIFIED PUBLIC ACCOUNTANTS
' ` l 9009 Mountain Ridge Drive, Ste. 230 • Austin, Texas 78759
512-257-8078 • Fax 512-257-8091 • www.bec-cpa.corn
February 1, 2022
Anna Housing Finance Corporation
312 N. Powell Pkwy
P.O. Box 776
Anna, TX 75409
This letter is to confirm our understanding of the terms and objectives of our engagement and the
nature and limitations of the services we will provide. So that we can meet your expectations related to
the services we will provide.
Preparation of the Financial Statements
You have requested that we prepare the monthly financial statements of Anna Housing Finance
Corporation (Anna HFC), which include the following four (4) limited liabilities companies ("LLCs)
whose sole member is Anna HFC (collectively "the Corporation"), which comprise the statement of
net position as of each month -end effective on the month we are engaged through December 30, 2022,
and the related statement of revenues, expenses and change in net position for each month then ended.
These financial statements will not include a statement of cash flows and related notes to the
financial statements as required by accounting principles generally accepted in the United States of
America. We are pleased to confirm our acceptance and our understanding of this engagement to
prepare the financial statements of the Corporation by means of this letter. The services address in this
engagement letter does not include annual tax or compilation engagements.
- Anna Senior Living GP, LLC (ANNA GP)
- Parmore Anna Holdings, LLC (ANNA Holdings)
- Parmore Anna Development, LLC (ANNA Development)
- Parmore Anna Contractor, LLC (ANNA Contractor)
Additional services may be requested in writing by the Anna HFC including but not limited to new
LLCs, etc. and additioal fees will apply as agreed upon by both parties.
Our Responsibilities
The objective of our engagement is to prepare financial statements in accordance with accounting
principles generally accepted in the United States of America (GAAP) based on information provided
by you. We will conduct our engagement in accordance with Statements on Standards for Accounting
and Review Services (SSARSs) promulgated by the Accounting and Review Services Committee of
the AICPA and comply with the AICPA's Code of Professional Conduct, including the ethical
principles of integrity, objectivity, professional competence, and due care.
We are not required to, and will not, verify the accuracy or completeness of the information you will
provide to us for the engagement or otherwise gather evidence for the purpose of expressing an opinion
or a conclusion. Accordingly, we will not express an opinion or a conclusion nor provide any
assurance on the financial statements.
Amarillo • Austin • Pampa • Prosper • Spearman
Our engagement cannot be relied upon to identify or disclose any financial statement misstatements,
including those caused by fraud or error, or to identify or disclose any wrongdoing within the
Corporation or noncompliance with laws and regulations.
Management Responsibilities
The engagement to be performed is conducted on the basis that you acknowledge and understand that
our role is to prepare financial statements in accordance with GAAP. You have the following overall
responsibilities that are fundamental to our undertaking the engagement in accordance with SSARSs:
a. The selection of GAAP as the financial reporting framework to be applied in the preparation of
the financial statements.
b. The design, implementation, and maintenance of internal control relevant to the preparation and
fair presentation of financial statements that are free from material misstatement, whether due
to fraud or error.
c. The prevention and detection of fraud.
d. To ensure that the Corporation complies with the laws and regulations applicable to its
activities.
e. The accuracy and completeness of the records, documents, explanations, and other information,
including significant judgments, you provide to us for the engagement.
f. To provide us with:
i. Access to all information of which you are aware is relevant to the preparation and fair
presentation of the financial statements, such as records, documentation, and other
matters.
ii. Additional information that we may request from you for the purpose of the preparation
of the financial statements, and
iii. Unrestricted access to persons within the Corporation of whom we determine it
necessary to make inquiries.
The financial statements will not be accompanied by a report. However, you agree that the financial
statements will clearly indicate that no assurance is provided on them.
Bookkeeping and Other Accounting Services
We will provide the various accounting and consulting services as specified in Exhibit A
accompanying this letter.
We will not perform management functions or make management decisions for you. However, we may
provide advice, research materials, and recommendations to assist you in performing your functions
and making decisions. You must agree to perform the following functions in connection with our
bookkeeping and other services engagements:
• Make all management decisions and perform all management functions;
• Designate an individual who possesses suitable skill, knowledge, and/or experience, preferably
within senior management, to oversee the services;
• Evaluate the adequacy and results of the services performed;
• Accept responsibility for the results of the services; and
• Establish and maintain internal controls, including monitoring ongoing activities.
2
Other Relevant Information
Shannon Andre', CPA is the engagement shareholder and is responsible for supervising the
engagement and signing the statement or authorizing another individual to sign it.
Our fee estimate is based on the number of hours (including travel time) required by the level of the
staff assigned to complete the engagement plus actual out-of-pocket expenditures. Our billing rate is
subject to annual increase for at least cost of living increment. Our current hourly rate is as follows:
Staff Level
Hour Rate
Engagement Shareholder
$315
Retired Shareholder
$345
Tax Manager
$195
Associate
$120
The fee estimates as outlined on the accompanying Exhibit A are based on our experience in working
with clients similar to the Corporation and are assuming that (1) we will have anticipated cooperation
from the Corporation's personnel by providing us information in a timely manner, (2) the Anna
HFC's accounting records for prior years are maintained in accordance with GAAP and are
accurate and reconciled up to the start date of our engagement, and (3) the business activities are
minimal in the Anna HFC's normal operations.
We will bill once a month and all invoices are payable when presented.
Should you require financial statements for third -party use, we would be pleased to discuss with you
the requested level of service. Such engagement would be considered separate and not deemed to be
part of the services described in this engagement letter.
In accordance with our firm policies, work may be suspended if your account becomes thirty (30) days
or more overdue and will not be resumed until your account is paid in full. A finance charge of 1% per
month, which is an annual rate of 12%, will be added to all invoices that remain unpaid for more than
60 days. If we elect to terminate our services for nonpayment, our engagement will be deemed to have
been completed even if we have not completed a statement. You will be obligated to compensate us
for all time expended and to reimburse us for all out-of-pocket expenditures through the
date of termination. The suspension or termination of our work may result in adverse
consequences to you including your failure to meet deadlines imposed by governments, lenders, or
other third parties. You agree that we will not be responsible for your failure to meet such deadlines,
or for penalties or interest that may be assessed against you resulting from such failure.
You agree to release, indemnify, defend, and hold us harmless from any liability or costs, including
attorney's fees, resulting from management's knowing misrepresentations to us.
We look forward to a continued relationship with your organization, and we are available to discuss
the contents of this letter or other professional services you may desire.
3
We appreciate the opportunity to be of service to you and believe that this letter accurately summarizes
the significant terms of our engagement. If you have any questions, please let us know. If the foregoing
terms are in accordance with your understanding, please sign the copy of this letter in the space
provided and return it to us.
Respectfully,
Brown, Graham & Company, P.C.
Austin, Texas
**********************************************************************************
RESPONSE:
This letter correctly sets forth our understanding.
Anna Housing Finance Corporation
Acknowledged and agreed by:
- Anna Housing Finance Corporation
- Anna Senior Living GP, LLC
- Parmore Anna Holdings, LLC
- Parmore Anna Development, LLC
- Parmore Anna Contractor, LLC
Signature:
Print Name:
Title:
Date:
4
EXHIBIT A
ACCOUNTING AND CONSULTING SERVICES OUTLINE AND ESTIMATED FEES
I. One-time upfront services (this one-time upfront fee can be built in and to be paid
from the closing of the new deals in the future):
a. Accounting and consulting services attributable to the project/partnership
(Estimated cost $5,200 for the partnership that is to be formed for the Anna Parmore
rp oiect):
i. Read the Limited Partnership Agreement, Ground Lease Agreement and its
related MOU, Development and Co -Development Agreements, Consulting
Agreement, Master Contract and Sub -contractor Agreement, Partnership
Management Fee Agreement and Incentive Management Fee Agreement and
other significant agreements that HFC is involved through its wholly owned
LLCs;
ii. Reconcile initial loan & equity closing statement as compared to the above
agreements;
iii. Summarize all significant related party transactions between the HFC (or
through its LLCs) and the partnership, and
iv. Meeting with the Board to go over component unit evaluation, ground lease
evaluation and related party transaction summary between the HFC and the
limited partnership.
b. Accounting and consulting services attributable to the current existing LLCs that
are created for the Anna Parmore project (Estimated cost for all tasks below is to
be $4,900):
i. Read all organizational documents for the LLCs;
ii. Create an organizational chart to track all the LLCs in relation with the HFC and
the partnership;
iii. Initial set up of accounting files and records for the LLCs in QuickBooks;
iv. Write up accounting considerations of the blended/discretely presented
component unit (all LLCs in relationship to the HFC, and the partnership in
relationship to GP LLC);
v. Write up accounting consideration of the ground lease (operating lease vs.
capital lease);
vi. Reconciled significant transactions per the land purchase closing statement or
per the initial loan & equity closing statement to all agreements and recorded
them in QuickBooks accordingly, and
vii. Prepare cash flow analysis due to the HFC and its wholly owned LLCs for the
next five years per the above agreements.
II. Recurring services:
a. Annual ongoing services (Estimated cost $1,200 for the first year and $800 thereafter
for each partnership):
i. Assist the GP LLC to review the audit draft report and draft tax return of the
partnership prior to the President of the GP LLC signing the management
representation letter for the audit and signing the tax return.
b. Monthly recurring accounting, consulting services and financial statements
preparation services for the HFC and current existing LLCs (Estimated monthly
cost $1,500):
i. Monthly accounts receivable function to prepare invoices for various fees when
they become due as well as recording cash receipts and tracking the payment
status accordingly;
ii. Monthly accounts payable function to enter the vendor bills into QuickBooks
and process payments accordingly upon the authorization and approval by Anna
HFC's personnel for payment processing;
iii. Preparation and maintenance of monthly reconciliation schedules;
iv. Reconciliation of amount recorded in the trial balance to the supporting
schedules;
v. Periodic adjustments, among others, as wells as certain other services;
vi. Preparation of monthly combined financial statements (without statement of
cash flow and notes to the financial statements) including a supplemental
schedule of a combining financial statements (with individual columns for each
entity), and
vii. Monitor the various fees due to LLCs.
c. Annual recurring services for the assistance to interact and provide the
information to the external auditor (Estimated annual cost $2,400 - $4,600 — The
fee estimate is going to depend on the level of the assistance the external auditor
needs. A more accurate estimate can be provided after we have experience in
working with the external auditor):
i. Provide and update the reconciliation schedules to suit the needs of the external
auditor;
ii. Prepare annual financial statements to include statement of cash flows, and
iii. Prepare notes related to the HFC, the LLCs and the partnership to be included in
CAFR.
IIl. Other accounting functions as requested (charged on our currently hourly rate):
i. Monthly tele-conference with the Board of Directors (or provision of
written presentation for the Board's review) to discuss monthly financial
statements;
ii. Preparation of annual budget or cash flow analysis, and
iii. Any other services that are not included as part of the monthly or annual
recurring services.
IV. Tax services:
i. One-time service - Entity Election and 168(h) election for the GP LLC
(Estimated cost - $450 for the GP LLC);
ii. One-time services — Set up Texas Franchise account with the Texas
Comptroller's Office for the LLCs, if needed (Estimated cost - $1,400 for fibur
LLCs);
iii. Annual service — Preparation of federal return for the GP LLC (Estimated cost -
$500);
iv. Annual services — Preparation of Texas franchise return filings for all LLCs
(Estimated cost - $1,200 for four LLC , and
v. Annual services — Preparation of Form W-2s/W-3s, Form 1099s, if required
(Will be billed at our standard hourly rate).
0
THE CITY OF
Anna
I I M am 0159=0111
City Council Agenda
Staff Report
Meeting Date: 2/22/2022
Staff Contact: Joey Grisham
AGENDA ITEM:
Acting as the Anna Housing Finance Corporation ("AHFC") Board of Directors, approve
a Resolution authorizing the President to execute a legal services contract. (Director of
Economic Development Joey Grisham)
SUMMARY:
Staff recommends approving an Agreement for legal services with Wolfe, Tidwell, &
McCoy LLP on an as -needed basis.
FINANCIAL IMPACT:
Funds will be utilized from HFC accounts.
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing:
Goal 2: Sustainable Anna Community Through Planned Managed Growth
STAFF RECOMMENDATION:
Approve.
ATTACHMENTS:
1. AHFC Res and Engagement letter C22001 D20220215CR1
APPROVALS:
Joey Grisham, Economic Development Director Created/Initiated - 2/17/2022
Jim Proce, City Manager Final Approval - 2/17/2022
ANNA HOUSING FINANCE CORPORATION
RESOLUTION NO.
A RESOLUTION OF THE ANNA HOUSING FINANCE CORPORATION, APPROVING
A WRITTEN AGREEMENT FOR LEGAL SERVICES AND AUTHORIZING THE
PRESIDENT TO EXECUTE SAID AGREEMENT.
WHEREAS, the Anna Housing Finance Corporation ("Corporation") desires to enter into
a written agreement with Wolfe, Tidwell & McCoy, LLP relating to provision of legal
services and fees and expenses related thereto (the "Agreement");
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE
ANNA HOUSING FINANCE CORPORATION:
Section 1. The recitals set forth above are incorporated herein by reference as if fully
set forth for all purposes.
Section 2. The Agreement is hereby approved and the President's execution of the
Agreement is hereby authorized and approved.
PASSED AND APPROVED by the Anna Housing Finance Corporation this the
day of 2022.
APPROVED
Nate Pike
President
ATTEST:
Kevin Toten
Secretary
ANNA HFC RESOLUTION NO. Page 1 of 1
DALLAS I FRISCO I SHERMAN
WOLFE, TIDWELL & MCCOY, LLP
ATTORNEYS & COUNSELORS
FRISCO
2591 DALLAS PARKWAY, SUITE 205
FRISCO, TEXAS 75034
Tel 972.712.3530
Fax 972.712.3540
February 15, 2022
Hon. Nate Pike
President
Anna Housing Finance Corporation
c/o City of Anna Economic Development Director
Re: Letter of Engagement for Legal Services
Dear Mayor Pike:
www.wtmlaw.net
WRITERS EMAIL-Cmccoy@wtmlaw.net
This letter confirms that Anna Housing Finance Corporation (the "Corporation")
has engaged the law firm of Wolfe, Tidwell & McCoy, LLP (the "Firm") as the
Corporation's legal counsel on an as -needed basis for the provision of legal services.
The Firm will be compensated for provision of said services at the rate of $200/hr for
partner -attorney time, $165/hr for senior -attorney time, $130/hr for associate attorney
time and $95/hr paralegal/legal assistant time. The Firm will also be reimbursed for all
reasonable expenses incurred in providing said services including, but not limited to:
photocopies, postage, long-distance telephone calls, approved travel, filing/recording
fees, court costs, depositions, and any other expenses that are incidental and
necessary to providing the Firm's services to the Corporation.
Fees and expenses will be itemized on a written invoice and billed to the
Corporation on a monthly basis and are due and payable upon receipt of the invoice.
The invoice will contain a detailed description of the services rendered, with time broken
down into tenth -of -an -hour increments, identifying the person performing the work, and
a description of all incidental expenses.
The Firm guarantees provision of services at the newly agreed -upon rates
through September 30, 2023. For subsequent years, the Firm may increase its rate by a
maximum of 4% annually by providing written notice to the City of Anna Economic
Development Director on or before July 31 to subsequently take effect October 1 of the
year of such increase. Reimbursement for costs and expenses will continue to be
reimbursed as described above. Fees and expenses will continue to be itemized on a
written invoice and billed to the City on a monthly basis and are due and payable upon
receipt of the invoice. Invoices will continue to contain a detailed description of the
services rendered, with time broken down into tenth -of -an -hour increments, identifying
the person performing the work, and a description of all incidental expenses.
WOLFE, TIDWELL & McCOY, LLP
Hon. Nate Pike
RE: Letter of Engagement for Legal Services
February 15, 2022
Page 2
If this letter confirms the understanding of the Corporation, please execute where
indicated below and return a copy of same to my office at your earliest convenience.
Please let me know if you have any questions. Thank you.
Sincerely,
Clark McCoy
AGREED:
Anna Housing Finance Corporation
By: Nate Pike, President
THE CITY OF
Anna
Item No. 6.j.
City Council Agenda
Staff Report
Meeting Date: 2/22/2022
Staff Contact: Joey Grisham
AGENDA ITEM:
Acting as the Anna Public Facility Corporation ("APFC") Board of Directors, approve a
Resolution authorizing the President to execute a legal services contract. (Director of
Economic Development Joey Grisham)
SUMMARY:
Staff recommends approving an Agreement for legal services with Wolfe, Tidwell, &
McCoy LLP on an as -needed basis.
FINANCIAL IMPACT:
Funds will be utilized from PFC accounts.
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing:
Goal 2: Sustainable Anna Community Through Planned Managed Growth
STAFF RECOMMENDATION:
Approve.
ATTACHMENTS:
1. APFC Res and Engagement letter C22002D20220215CR1
APPROVALS:
Joey Grisham, Economic Development Director Created/Initiated - 2/17/2022
Jim Proce, City Manager Final Approval - 2/17/2022
ANNA PUBLIC FACILITY CORPORATION
RESOLUTION NO.
A RESOLUTION OF THE ANNA PUBLIC FACILITY CORPORATION, APPROVING A
WRITTEN AGREEMENT FOR LEGAL SERVICES AND AUTHORIZING THE
PRESIDENT TO EXECUTE SAID AGREEMENT.
WHEREAS, the Anna Public Facility Corporation ("Corporation") desires to enter into a
written agreement with Wolfe, Tidwell & McCoy, LLP relating to provision of legal
services and fees and expenses related thereto (the "Agreement");
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE
ANNA PUBLIC FACILITY CORPORATION:
Section 1. The recitals set forth above are incorporated herein by reference as if fully
set forth for all purposes.
Section 2. The Agreement is hereby approved and the President's execution of the
Agreement is hereby authorized and approved.
PASSED AND APPROVED by the Anna Public Facility Corporation this the day
of 2022.
APPROVED
Nate Pike
President
ATTEST:
Kevin Toten
Secretary
ANNA PFC RESOLUTION NO. Page 1 of 1
DALLAS I FRISCO I SHERMAN
WOLFE, TIDWELL & MCCOY, LLP
ATTORNEYS & COUNSELORS
FRISCO
2591 DALLAS PARKWAY, SUITE 205
FRISCO, TEXAS 75034
Tel 972.712.3530
Fax 972.712.3540
February 15, 2022
Hon. Nate Pike
President
Anna Public Facility Corporation
c/o City of Anna Economic Development Director
Re: Letter of Engagement for Legal Services
Dear Mayor Pike:
www.wtmlaw.net
WRITERS EMAIL-Cmccoy@wtmlaw.net
This letter confirms that Anna Public Facility Corporation (the "Corporation") has
engaged the law firm of Wolfe, Tidwell & McCoy, LLP (the "Firm") as the Corporation's
legal counsel on an as -needed basis for the provision of legal services. The Firm will be
compensated for provision of said services at the rate of $200/hr for partner -attorney
time, $165/hr for senior -attorney time, $130/hr for associate attorney time and $95/hr
paralegal/legal assistant time. The Firm will also be reimbursed for all reasonable
expenses incurred in providing said services including, but not limited to: photocopies,
postage, long-distance telephone calls, approved travel, filing/recording fees, court
costs, depositions, and any other expenses that are incidental and necessary to
providing the Firm's services to the Corporation.
Fees and expenses will be itemized on a written invoice and billed to the
Corporation on a monthly basis and are due and payable upon receipt of the invoice.
The invoice will contain a detailed description of the services rendered, with time broken
down into tenth -of -an -hour increments, identifying the person performing the work, and
a description of all incidental expenses.
The Firm guarantees provision of services at the newly agreed -upon rates
through September 30, 2023. For subsequent years, the Firm may increase its rate by a
maximum of 4% annually by providing written notice to the City of Anna Economic
Development Director on or before July 31 to subsequently take effect October 1 of the
year of such increase. Reimbursement for costs and expenses will continue to be
reimbursed as described above. Fees and expenses will continue to be itemized on a
written invoice and billed to the City on a monthly basis and are due and payable upon
receipt of the invoice. Invoices will continue to contain a detailed description of the
services rendered, with time broken down into tenth -of -an -hour increments, identifying
the person performing the work, and a description of all incidental expenses.
WOLFE, TIDWELL & McCOY, LLP
Hon. Nate Pike
RE: Letter of Engagement for Legal Services
February 15, 2022
Page 2
If this letter confirms the understanding of the Corporation, please execute where
indicated below and return a copy of same to my office at your earliest convenience.
Please let me know if you have any questions. Thank you.
Sincerely,
Clark McCoy
AGREED:
Anna Public Facility Corporation
By: Nate Pike, President
THE CITY OF
Anna
AGENDA ITEM:
�Iif'i7►P.vin,
City Council Agenda
Staff Report
Meeting Date: 2/22/2022
Staff Contact: Ross Altobelli
Zoning - Bridge Tower GP Residential & Commercial (Planning Manager Lauren
Mecke)
1) Conduct a Public Hearing/Consider/Discuss/Action on an Ordinance to zone 28.0±
acres located at the southwest corner of W. White Street and Slater Creek Road from
SF-E Single -Family Residential — Large Lot (SF-E) to Restricted Commercial District (C-
1), SF-Z Single -Family Residence District — Zero Lot Line Homes (SF-Z), and Planned
Development-SF-TH Townhome District (PD-SF-TH).
2) Consider/Discuss/Action on a Resolution regarding the Bridge Tower GP Residential
& Commercial, Concept Plan.
SUMMARY:
REMARKS:
The applicant is requesting to rezone the subject property in order to allow for a single-
family dwelling, detached and attached subdivision and preserve area for commercial
development along W. White Street. The purpose of the SF-Z District is to provide
single-family homes on lots of moderate size. The purpose of the SF-TH District is to
provide single-family attached homes on smaller lots. The C-1 district is established to
accommodate the shopping needs of residents in adjacent residential areas. This
district is meant to be used in limited areas, where retail or service establishments deal
directly with customers. Businesses in the C-1 district should be oriented to satisfying
the daily and frequent shopping needs of the neighborhood consumer.
A concept plan (Ordinance Exhibit B; Resolution Exhibit A), Bridge Tower GP
Residential & Commercial, accompanies this request.
Surrounding Land Uses and Zoning
North - Medical Offices zoned C-1, subdivision entrance into West Crossing
subdivision, and undeveloped land zoned Planned Development -Restricted
Commercial (PD-C-1) Ord. No. 442-2009.
East - (Across Slater Creek Road) shopping center zoned Planned Development -
Restricted Commercial (PD-C-1) Ord. No. 438-2009 and Westfield Addition residential
subdivision zoned Planned Development No. 09-2002 Ord. No. 2002-37.
South - Private residential subdivision zoned SF-E Single -Family Residential — Large
Lot (SF-E)
West - Park land (Natural Springs Park) zoned SF-E and undeveloped land zoned C-1.
Proposed Planned Development Standards
The requested Planned Development is to allow for a single-family, attached product
with modified standards. The applicant is requesting to modify three area regulations
within the SF-TH zoning area
❑ Lot Depth - The applicant is proposing a lot depth of 100 feet (zoning requires 160
feet)
❑ Rear Yard Setback - The applicant is proposing a 20-foot setback (zoning requires
25 feet)
❑ Side Yard, Interior - The applicant is proposing 10 feet between the ends of
buildings (zoning requires 14 feet)
To help support and justify the modified standards the applicant has provided additional
information (Exhibit 8).
Conformance with the City of Anna Strategic Plan and Comprehensive Plan
Anna Vision 2036
a. Principle 3: Beautiful Community
i. Well -maintained, attractive neighborhoods and single-family homes complying
with City codes and ordinances
ii. Design standards and development agreements that promote beautiful and
"enduring" buildings and commercial areas
iii. Preserved some natural areas/open space through the community
b. Principle 5: Great Housing Opportunities
i. Strong code compliance protecting and enhancing the appearance, protecting
property values and supporting neighborhood integrity.
Access to trails connecting neighborhoods and community destinations.
c. Principle 6: Dynamic Business Community
Ability of Neighbors to work in anna
Attractive commercial centers with well -designed and well -maintained
landscaping.
d. Principle 7: Fun Community for All
i. Connected trails linking neighbors to parks and other community destinations
City of Anna Goals for 2026
a. Growing Anna Economy
i. Expand the commercial tax base
b. Sustainable Anna Community Through Planned, Managed Growth
i. Manage residential growth
ii. Have a diverse range of housing choices available in Anna
Comprehensive Plan and Future Land Use Plan
Future Land Use Plan — The Future Land Use Plan designates this property as Cluster
Residential (CR) (orange). This category is only generally defined within the current
Comprehensive Plan
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Character & Intent - Cluster residential neighborhoods are intended to provide smaller
single family detached and attached residential lots. Home sites are located in platted
subdivisions with all utilities, residential streets and sidewalks.
The proposed residential zoning is in conformance with the Future Land Use Plan. At
the request of City Council, the applicant is proposing a commercial zoning along the
entire W. White Street frontage to help expand the commercial tax base of the City of
Anna.
SUMMARY:
The proposed zoning and concept plan are in conformance with the City of Anna Future
Land Use Plan and elements of the City of Anna Strategic Plan.
RECOMMENDATION:
The Planning & Zoning Commission recommended approval as follows:
1. The location of each zoning district shall be in substantial conformance with the
Concept Plan (Exhibit A).
2. Standards and Area Regulations: Development must comply with the development
standards for use, density, lot area, lot width, lot depth, yard depths and widths,
building height, building elevations, coverage, floor area ratio, parking, access,
screening, landscaping, accessory buildings, signs, and lighting, set forth in the SF-Z
Single -Family Residence District — Zero Lot Line Homes zoning district, SF-TH
Townhome District (SF-TH) zoning district, C-1 Restricted Commercial (C-1) zoning
district and the Planning and Development Regulations except as otherwise specified
herein.
A. SF-TH modified area regulations:
o Min Lot Depth: 100 feet.
o Rear Yard: 20 feet
o Side Yard, Interior: 10 feet
FINANCIAL IMPACT:
N/A
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing:
Goal 1: Growing Anna Economy
Goal 2: Sustainable Anna Community Through Planned Managed Growth
STAFF RECOMMENDATION:
The proposed zoning is in conformance with the Future Land Use Plan & elements of
the Strategic Plan.
ATTACHMENTS:
1. Bridge Tower Homes Locator Map
2. Ordinance with Exhibits- (rezoning) Bridge Tower Residential Commercial
3. Resolution & Exhibit - CP Bridge Tower GP Residential & Commercial
4. Staff Report Exhibit B - Bridge Tower GP Residential & Commercial
APPROVALS:
Ross Altobelli, Director of Development Services Created/Initiated - 2/15/2022
Jim Proce, City Manager Final Approval - 2/17/2022
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CITY OF ANNA, TEXAS
(Property rezoned under this ordinance is generally located at the southwest corner of W.
White Street and Slater Creek Road)
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY'S
COMPREHENSIVE PLAN, ZONING MAP, AND ZONING ORDINANCE AND CHANGING THE
ZONING OF CERTAIN PROPERTY AS DESCRIBED HEREIN; PROVIDING FOR SAVINGS,
REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE;
PROVIDING FOR A PENALTY CLAUSE NOT TO EXCEED $2,000 OR THE HIGHEST
PENALTY AMOUNT ALLOWED BY LAW, WHICHEVER IS LESS; AND, PROVIDING FOR THE
PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the City of Anna, Texas ("City") has previously adopted ordinances, rules and
regulations governing the zoning in the City; and
WHEREAS, the City has received a requested for zoning from Sheryl Harlow Family Trust on
Property described in Exhibit A and Exhibit B ("Property") attached hereto and incorporated herein
for all purposes as if set forth in full; and
WHEREAS, said Property generally located at the southwest corner of W. White Street and Slater
Creek Road is requested to be rezoned from SF-E Single -Family Residential — Large Lot to
Planned Development — SF-TH Townhome District (PD-SF-TH), SF-Z Single -Family Residence
District — Zero Lot Line Homes (SF-Z) and C-1 Restricted Commercial (C-1); and
WHEREAS, the Planning and Zoning Commission of the City and the City Council of the City of
Anna ("City Council") have given the requisite notices by publication and otherwise and have held
the public hearings as required by law and afforded a full and fair hearing to all property owners
and generally to all persons interested in and situated in the affected area and in the vicinity
thereof, the City Council has concluded that the Zoning Ordinance of the City should be amended
as set forth below.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA,
TEXAS THAT:
Section 1. Recitals Incorporated
The above recitals are incorporated herein by reference for all purposes.
Section 2. Zoning Change
The Anna City Code of Ordinances (the "Anna Code") are hereby amended by amending the
zoning of the Property described in Exhibit 1 and as depicted in the Concept Plan on the
attached Exhibit 2.
1. Purpose.
The purpose of the Planned Development District is to facilitate the development of high -
quality Single -Family Attached product located within the SF-TH Townhome District area and
to establish phasing requirements associated with non-residential development within the C-
1 zoning district.
2. Definitions.
Except as otherwise provided herein, the definitions in Appendix 3 of the City's Zoning
Ordinance shall apply.
3. Development Standards.
A. Development must comply with the development standards for use, density, lot
area, lot width, lot depth, yard depths and widths, building height, building
elevations, coverage, floor area ratio, parking, access, screening, landscaping,
accessory buildings, signs, and lighting, set forth in the SF-TH Townhome District
(SF-TH), SF-Z Single -Family Residence District — Zero Lot Line Homes (SF-Z), and
C-1 Restricted Commercial (C-1) zoning districts and the Planning and
Development Regulations except as otherwise specified herein.
i. Min. Lot Depth (feet): 100
ii. Rear Yard Setback (feet): 20
iii. Building separation (feet): 10
B. Plats and/or site plans submitted for the development shall conform to the data
presented and approved on the Conceptual Development plan. Non -substantial
changes of detail on the final development plan(s) that differ from the Conceptual
Development plan may be authorized by the City Council with the approval of the
final development plan(s) and without public hearing.
C. The Conceptual Development Plan will expire after two (2) years of approval.
Section 3. Zoning Change
The Anna City Code of Ordinances are hereby amended by establishing the zoning of the Property
described in Exhibit A and Exhibit B to Planned Development — SF-TH Townhome District (PD-
SF-TH), SF-Z Single -Family Residence District — Zero Lot Line Homes (SF-Z), and C-1 Restricted
Commercial (C-1) zoning.
Section 4. Reverter
Notwithstanding the foregoing or any other provision of this ordinance, the zoning of the Property
will revert back to SF-E Single -Family Residential — Large Lot automatically unless a copy of a
fully executed and recorded deed transferring ownership of the Property from Sheryl Harlow
2
Family Trust to Arden Park Owner LLC is submitted to the City of Anna Director of Development
Services on or before the date of April 29, 2022. The Director of Development Services is hereby
directed to memorialize on the "Zoning Certificate" form attached hereto as Exhibit C whether or
not such deed was timely submitted. Once said certificate form is completed and signed by the
Director of Development Services said certificate shall be deemed to be incorporated in this
ordinance as if set forth in full herein for all purposes.
Section 5. Official Zoning Map
The official Zoning Map of the City shall be corrected to reflect the change in zoning described
herein.
Section 6. Savings, Repealing and Severability Clauses
It is hereby declared to be the intention of the City Council that the words, sentences, paragraphs,
subdivisions, clauses, phrases, and provisions of this ordinance are severable and, if any phrase,
sentence, paragraph, subdivision, clause, or provision of this ordinance shall be declared
unconstitutional or otherwise invalid or inapplicable by the valid judgment or decree of any court
of competent jurisdiction, such unconstitutionality, invalidity or inapplicability shall not affect any
of the remaining words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions of
this ordinance, since the same would have been enacted by the City Council without the
incorporation in this ordinance of any such unconstitutional, invalid or inapplicable words,
sentences, paragraphs, subdivisions, clauses, phrases, or provisions. Further, all ordinances or
parts of ordinances in force when the provisions of this ordinance become effective that are
consistent and do not conflict with the terms and provisions of this ordinance are hereby ratified
to the extent of such consistency and lack of conflict, and all ordinances or parts of ordinances in
force when the provisions of this ordinance become effective that are inconsistent or in conflict
with the terms and provisions contained in this ordinance are hereby repealed only to the extent
of any such conflict.
Section 7. Penalty
Any violation of any of the terms of this ordinance, whether denominated in this ordinance as
unlawful or not, shall be deemed a misdemeanor. Any person convicted of any such violation shall
be fined in an amount not to exceed $2,000 for each incidence of violation. Each day a violation
exists is considered a separate offense and will be punished separately.
Section 8. Publication of the Caption and Effective Date
This ordinance shall be effective upon its passage by the City Council, approval by the Mayor,
and posting and/or publication, if required by law, of its caption. The City Secretary is hereby
authorized and directed to implement such posting and/or publication.
9
PASSED by the City Council of the City of Anna, Texas this 22nd day of February, 2022.
ATTESTED:
APPROVED:
Carrie L. Land, City Secretary Nate Pike, Mayor
4
Exhibit A
Legal Description
27.967 Acres
BEING all that certain lot, tract, or parcel of land, situated in the Joseph Schluter Survey, Abstract Number 856, City of
Anna, Collin County, Texas, and being all that certain tract of land, described by deed to Colby Harlow, Trustee of the
Sheryl Harlow Family Trust, recorded in Document Number 20110721000760500, Deed Records, Collin County, Texas,
and being more particularly described as follows:
BEGINNING at a 1/2" capped rebar found, stamped "RPLS 5633", at the northwest corner of said Harlow tract, same
being the southwest corner of a certain tract of land, described by deed as Parcel 25 to the State of Texas, recorded in
Document Number 20120608000684090, Deed Records, Collin County, Texas, being the northeast corner of that certain
tract of land, described by deed to Aziz Hassan, recorded in Document Number 20190322000298780, Deed Records,
Collin County, Texas, and being in the south line of West White Street (FM 455, called 90-foot right-of-way);
THENCE S 89°27'29" E, with the north line of said Harlow tract, and the south line of West White Street, a distance of
765.88 feet to a 1/2" capped rebar set, stamped "MCADAMS" at the northeast corner of said Harlow tract, same being
the southeast corner of said Parcel 25, and being in the west line of Slater Creek Road (Private Road), called 1.496 Acres
to the Slater Creek Association, recorded in Volume 1158, Page 316, Deed Records, Collin County, Texas, and being in
the south line of West White Street;
THENCE S 01°25'53" W, with the east line of said Harlow tract, and the west line of said Slater Creek Road, a distance of
1593.99 feet to a 1/2" rebar found, at the southeast corner of said Harlow tract, same being the southwest corner of
said Slater Creek Road, and being in the north line of a certain tract of land, described by deed to William and Andrea
Henry, recorded in Document Number 20100528000541220, Deed Records, Collin County, Texas, from which a 5/8"
rebar found, bears S 87°17'25" E, 39.26 feet;
THENCE with the south line of said Harlow tract, and the north line of said Henry tract, the following 6 (six) calls:
N 87°18'25" W, a distance of 55.67 to a 1/2" capped rebar set, stamped "MCADAMS";
S 87°46'59" W, a distance of 78.50 feet to a 1/2" capped rebar found;
S 88°13'01" E, a distance of 145.10 feet to a 1/2" capped rebar set, stamped "MCADAMS";
S 88°53'01" E, a distance of 227.80 feet to a 1/2" capped rebar set, stamped "MCADAMS";
S 89°21'01" E, a distance of 209.30 feet to a 1/2" capped rebar set, stamped "MCADAMS";
N 89°35'01" W, a distance of 48.70 feet to a 1/2" rebar found at the southwest corner of said Harlow tract, same
being the southeast corner of a certain tract of land, described by deed to the City of Anna, recorded in
Document Number 20060714000982730, Deed Records, Collin County, Texas, and being in the north line of said
Henry tract;
THENCE N 01°23'53" E, with the west line of said Harlow tract, and the east line of said City of Anna tract, passing at a
distance of 1283.62 feet a 1/2" capped rebar found, stamped "BRENNAN 5360" at the northeast corner thereof, same
being the southeast corner of said Hassan tract, continuing a total distance of 1589.95 feet to the POINT OF BEGINNING
and containing approximately 27.967 acres of land.
11
EXHIBIT A
HASSAN AZIZ
ABS A0331 JOHN C FARRIS
SURVEY, TRACT 6, 1.915 ACRES
ZONING: C-1
LAND -USE: VACANT
YELLOW W. LAND CO, LLC
ABS A0331 JOHN C FARRIS SURVEY,
TRACT 7, 3.826 ACRES
ZONING: PD-C
LAND -USE: VACANT
WEST CROSSING, PHASE 1
BL E & BL D
ZONING: PD-R
LAND -USE: SINGLE FAMILY
ANNA EYE CARE
SETTLERS WAY, BL B, LT 32R-2
ZONING: C-1
LAND -USE: RETAIL
nPP'11 I v Al ITn oA07c
o.
Qo
,o
Q
Jo
VICINITY MAP
SCALE: 1" = 500'
0
�m
�s
o�
�T
o�
x 60 0 60 120 180 Feet
�o
SCALE: 1 " = 60'
EE
LOT 6
N 01'23'53" E 1593.
e
•5
-
-
INC
•
I
LOT 7
LUINIIN
': F'U-H
LAND -USE:
SINGLE FAMI
Y
LOT 8
LOT 9
LOT 10
LOT 11
LOT 12
LOT 13
LOT 14
LOT 15
Slater Creek
_
Road — _
Private
e
Road
T16 1 LOT17
T 20 1 LOT 21 LOT 22
T�C
LOT 24
LOT 26
64 63 62 61 60 59 58 57
5,500 SF 4,500 SF 4,500 SF 4,500 SF 4,500 SF 4,500 SF 4,500 SF 4356
0.126 Ac. 0.103 Ac. 0.103 Ac. 0.103 Ac. 0.103 Ac. 0.103 Ac. 0.103 Ac. 4,5SF 4,7444 SF 55 54 1 48 43
0.109 Ac.
0.104 Ac. 5,036 SF 5,175 SF 5,186 SF 5,184 SF 5,183SF 5,15° SF 4,895 SF 4,641 SF 4,689 SF 46 45 44 5,645 SF
0.116 Ac.
1 i 55.0' 0.119 Ac. 0.119 Ac. 0.119 Ac. 0.119 Ac. 0.118 Ac. 0.112 Ac. 0.107 Ac. 0.108 Ac. 4,901 SF 5,113 SF 5,081 SF 0.130 Ac.
BLOC D 0.113 Ac. 0.117 Ac. 0.117 Ac.
5
3,240 SF
4 Ac.
68.0' 4
Ln
2,700 SF
N
N
3 108.0
2,700 SF
2 0
2,700 SF N
1
+� o C-)— 0_(
- o
�
O - - �- — _
MN
100.0O 141.0'
(� 4 2 BL SETB CK 0 0 4,:
0.0
�f N `. 30 I 68.0'
of 21
J
CO
Ol
20 8.0
l
BLDG 1
Commercial/Medical
7
24.
Office/General
2 '0
Office/Retail
a
1-Story 7.0
3
l
23,630 SF
�
z
m
0
z
o LL
J
1 0
LL
N
V 93,625 SF N. .
V
No
O 2.149 Ac. 0 M
z
�
J ox
z
c
O N
I N
0
Sri
HASSAN AZIZ
ABS A0856 JOSEPH SLATER SCHLUTER SURVEY,
TRACT 2, 1.843 ACRES
ZONING: C-1
LAND -USE: VACANT
MEN
1111
ao
0
25.0'
0
122.5
TYPICAL SF-TH LOT DETAIL
SCALE: 1" = MY
>
-
0
0.0' ROW
0
0
N
0,
45.0
5.0� 1
1
l l
l l
L_ -1
L- —1
L- —1
L_ -1
TYPICAL SF-Z LOT DETAIL
SCALE: 1" = 60'
CT
14
15
3,780 SF
3,780 SF
0.087 Ac.
0.087 Ac.
'
13
16
2,700 SF
2,700 SF
14
13
68.0'12
68.0' 17
6,344 SF
I 5,103 SF
4 84? SF
4,84
11
1o�
9
$
2,700 SF
2,700 SF
0.146 Ac.
0.117 Ac.
I
Ac.
I 4,588 SF
I 4,5030
I 4,501 SF
5,501 SF
8.992
11
'
0.105 Ac.
0.103 Ac.
I
0.103 Ac.
0.126 Ac.
108.
18 108.
LL
I I
2,700 SF
2,700 SF
'
10
0
19
0
2,700 SF
U
V
2,700 SF
LO
O
_ _
9 Ci
0
m
55.0'
Z
2,700 SF No
(�
2,700 SF N
$
1
1
2
3
4
5
6
7
J
21
F
7_3,456 SF
Ib
3,456 SF
5,501 SF
0.126 Ac.
4,501 SF
0.103 Ac.
4,501 SF
0.103 Ac.
4,501 SF
0.103 Ac.
4,501 SF
0.103 Ac.
4,501 SF
5,501 SF
c.
Green
c
'
0.103 Ac.
0.126 Ac.
u7
U
Space/Common
Neighborhood
Area Lot 10.0
r
Q
— ----� °°
�
V
2,500 SF
�
O
29 15.o
Pool
— —
SINGLE
FAMILY
ZERO LOT
LINE ZONING
0
N
m
8,804 SF
0.202 Ac.
797 SF
$$ LOTS
— — -�
I
Lv
I
O
7
22
Z
3,456 SF
0.079 Ac.
45
0 079 Ac.
0
7
6
'
�23
498 SF
2,700 SF
2,700 SF
5,501 SF
10
I 4,501 SF I
4,501 SF
4,501 SF
195 Ac.
0
N
68, 0
24
0.126 Ac.
0.103 Ac. I
I
0.103 Ac.
i 0.103 Ac. I
0 SF
68.0
700 SF
W
�
6
2,700 SF108
2,700 SF 108.
'
— —
8,266 SF j
0
55.0'
O
0.190 Ac.
'
2,700 SF
r
2,700 SF
0
7
Q
3,240 SF
4 Ac.
(� 6 o
0 2,700 SF N
CO 5
2,700 SF
68.0' 4
LO
2,700 SF
3 108.0'
2,700 SF
2
_ 2,700 SF
0.962 AS--
13_780
SF
0 2 0 27 0 1
N 2,700 SF N 2,700 SF N 5,501 SF 4,501 SF 4,5 0 SF 4,4 SF 5 0
. ' 0.126 Ac. 0.103 Ac. 0.103 Ac. 0.102 Ac. 7,507 SF
1 28 0.172 Ac.
SF SF
0.087 Ac. 0.087 Ac.
I
AC --
TRA['T 0 /
55.0'
1 2 3 4
5,501 SF 4,501 SF 4,501 SF 4,501 SF
0.126 Ac. 0.103 Ac. 0.103 Ac. 0.103 Ac.
N 01 °23'53" E 1589.95'
LOC D 0 0
J
5 6 a°�
7 8 5.0 9X-¢` 10 11 12
501 SF 4,501 SF 4,501 SF 4,501 SF 4, 1 S� 4,51 SF 4,700 SF 4,992 SF
103 Ac. 0.103 Ac. 0.103 Ac. 0.103 Ac. 0.1 A� 0.104 Ac. 0.108 Ac. 0.115 Ac.
E
O
U
ANNA CITY OF
ABS A0856 JOSEPH SLATER SCHLUTER SURVEY,
TRACT 43, 19.309 ACRES
ZONING: SF-E
LAND -USE: VACANT
6 C'
r
Cd
I UT-1
TYPICAL HEAD IN PARKING STALL
SCALE: 1" = 30'
0
N
N
�s
TYPICAL PARALLEL PARKING STALL
SCALE: 1" = 30'
Site Data Summary Table
General Site Data
Tract 1
Tract 2
Tract 3
Commercial
Townhome
Single Family
Zoning
C-1
SF-TH
SF-Z
Land -Use
Commercial/
Medical/
General office/
Reta i I
Townhome
Single Family
Minimum Lot Area
20,000sf
N/A
4,500sf
Building Size
49,130sf
2,700sf
1,200sf
Maximum Height
25.0 ft / 1 story
35 ft
35 ft
Max. Lot Coverage
16%
21%
63%
Total Land Area
4.57 ac
5.93 ac
17.47 ac
Minimum Lot Width
60'
25'
45'
Minimum Lot Depth
100,
108'
100,
Number of Lots
2
53
1 88
Parki ng
Parking Ratio (Medical Office)
5 per 1,000GSF
N/A
N/A
Required (49,130sf)
244
Provided
249
13
4,722 SF
0.108 Ac.
0 25
p 6,850 SF
co 0.157 Ac. r 26 ^r 27 28 nn
24
'
4,725 SF
0.108 Ac.
— —
23
30
4,725 SF
7,203 SF
0.108 Ac.
0.165 Ac.
105.0'
22
31
4,725 SF
5,721 SF
0.108 Ac.
0
0.131 Ac.
0
�6P
Y
21
(�
Y
32
4,725 SF
0
;
6,236 SF
0.108 Ac.
J
0.143 Ac.
20
I
L6
33
4,762 SF
I
4)
7,874 SF
65X
0.109 Ac.
0
0.181 Ac.
Q.
�11 598
F
Common Area Lot
289
c'
19
Proposed
5.0' Sidewalk
5,055 SF
0.116 Ac.
18
5,617 SF
0.129 Ac.
VA
17
5,820 SF
0.134 Ac.
31�
16 9,449 SF Proposed 5.0' Sidewalk 66X
0.217 Ac. 99,291 SF
2.279 Ac.
Common Area Lot
Detention Basin
Proposed Dog Park
15
14 12,101 SF
6,573 SF 0.278 Ac.
0.151 Ac.
TRACT 3
TRACT LINE
TRACT 1: SHALL FOLLOWING THE ZONING
STANDARDS PER SECTION 9.04.021, C-1
GENERAL BUSINESS DISTRICT OF THE
CITY OF ANNA, TEXAS ZONING
ORDINANCE.
TRACT 2: SHALL FOLLOW THE ZONING
STANDARDS PER SECTION 9.041,0114 SF-Z
SINGLE FAMILY RESIDENCE DISTRICT OF
THE CITY OF ANNA, TEXAS ZONING
ORDINANCE.
TRACT 3. SHALL FOLLOWING THE ZONING
STANDARDS PER SECTION 9.04,015, SF-TH
SINGLE FAMILY TOWNHOME DISTRICT OF
THE CITY OF ANN& TEXAS ZONING
ORDINANCE
LOT 27
42
9,542 SF
0.219 Ac.
41
7,347 SF
0.169 Ac.
40
4,695 SF
0.108 Ac.
39
4,893 SF
0.112 Ac.
38
5,002 SF
0.115 Ac.
37
5,001 SF
0.115 Ac.
36
5,153 SF
0.118 Ac.
5r.
VN
35
5,94, SF
0.137 Ac.0
Sri
v
an
N 34
0
a
055 SF
D- C1185 Ac.
I
�
I
w
>
Cn
w ~ J
J w g
o=C) a
QOQi,,I�
�LJ0)V)CD w
�� z
6Cn
�<
QC _z
__j 0 Cn
N W ~
WU
�0� z
Z
Z ~ J
O
w Ln
H
_00
C)
w
IZ
o
IO
U
J
H
I
IIDJ1 ,O'O L
67X
'bol F
Ono
Notes:
1. All dumpster's will be screened with a T masonry screening wall and gates with metal
gates.
2. Parking shall be provided in accordance with Section 9.04.037. Parking ratio is shown
at most intense proposed use per City of Anna Zoning Ordinanca
3. Detention basis sized to accommodate both commercial and residential portions of the
development
Revisions: 01 /21 /2022
The John R. McAdams
Company, Inc.
111 Hillside Drive
Lewisville Texas 75057
972. 436. 9712
201 Country View Drive
Roanoke, Texas 76262
OWNER
DEVELOPER
APPLICANT
940. 240. 1012MCADAMS
Harlow Capitol Management, LLC
Bridge Tower GP
McAdams
TBPE:19762 TBPLS:10194440
Colby Harlow - Trustee
12801 N. Central Expressway, Suite 1675
111 Hillside Drive
www.gacon.com
www.mcadamsco.com
P.O. Box 190136
Dallas, Texas 75243
Lewisville, Texas 75077
Dallas, Texas 75219
Ph. 214.440.5606
Ashton Miller
Ph 214.754.0800
Contact: Adam Green
Ph. 214.250.8066
DRAWN BY: AM DATE: 11-10-2021 SCALE:
1" = 60' JOB. No.
Contact. colbyharlowogmail.com
agreenobridgetowerhome com Contact amilleromcadamsco com
CONCEPT PLAN
Bridge Tower GP
Residential & Commercial
88 SF-Z Lots
53 SF-TH Lots &
2 Commercial Lots
4 Common Area Lots
27.96 Acres
in the
THOMAS RATTON SURVEY,
ABSTRACT NO. 782
TRACT 10
CITY OF ANNA
COLLIN COUNTY, TEXAS
LOT / BLOCK ANALYSIS
LOT
BLOCK
SQUARE FEET
ACRES
1
Block A
3,780
0.087
2
Block A
2,700
0.062
3
Block A
2,700
0.062
4
Block A
2,700
0.062
5
Block A
2,700
0.062
6
Block A
2,700
0.062
7
Block A
3,240
0.074
8
Block A
3,240
0.074
9
Block A
2,700
0.062
10
Block A
2,700
0.062
11
Block A
2,700
0.062
12
Block A
4,320
0.099
1
Block B
3,510
0.081
2
Block B
2,700
0.062
3
Block B
2,700
0.062
4
Block B
2,700
0.062
5
Block B
3,240
0.074
6
Block B
3,240
0.074
7
Block B
2,700
0.062
8
Block B
2,700
0.062
THMMH�
Z-ela Drive
Westfield Dry
ree oa -
U)
L
W. cross,
Blvd.
VICINITY MAP
SCALE 1" = 5W
LOT / BLOCK ANALYSIS
LOT
BLOCK
SQUARE FEET
ACRES
9
Block B
2,700
0.062
10
Block B
2,700
0.062
11
Block B
2,700
0.062
12
Block B
2,700
0.062
13
Block B
3,576
0.082
1
Block C
3,780
0.087
2
Block C
2,700
0.062
3
Block C
2,700
0.062
4
Block C
2,700
0.062
5
Block C
2,700
0.062
6
Block C
2,700
0.062
7
Block C
3,456
0.079
8
Block C
3,456
0.079
9
Block C
2,700
0.062
10
Block C
2,700
0.062
11
Block C
2,700
0.062
12
Block C
2,700
0.062
13
Block C
2,700
0.062
14
Block C
3,780
0.087
15
Block C
3,780
0.087
LOT / BLOCK ANALYSIS
LOT
BLOCK
SQUARE FEET
ACRES
1
Block D
5,501
0.126
2
Block D
4,501
0.103
3
Block D
4,501
0.103
4
Block D
4,501
0.103
5
Block D
4,501
0.103
16
Block C
2,700
0.062
17
Block C
2,700
0.062
18
Block C
2,700
0.062
19
Block C
2,700
0.062
20
Block C
2,700
0.062
21
Block C
3,456
0.079
22
Block C
3,456
0.079
23
Block C
2,700
0.062
24
Block C
2,700
0.062
25
Block C
2,700
0.062
26
Block C
2,700
0.062
27
Block C
2,700
0.062
28
Block C
3,780
0.087
29
Block C
8,804
0.202
30
Block C
8,797
0.202
LOT / BLOCK ANALYSIS
LOT
BLOCK
SQUARE FEET
ACRES
1
Block D
5,501
0.126
2
Block D
4,501
0.103
3
Block D
4,501
0.103
4
Block D
4,501
0.103
5
Block D
4,501
0.103
6
Block D
4,501
0.103
7
Block D
4,501
0.103
8
Block D
4,501
0.103
9X
Block D
4,501
0.103
10
Block D
4,529
0.104
11
Block D
4,700
0.108
12
Block D
4,992
0.115
13
Block D
4,722
0.108
14
Block D
6,573
0.151
15
Block D
12,101
0.278
16
Block D
9,449
0.217
17
Block D
5,820
0.134
18
Block D
5,617
0.129
19
Block D
5,055
0.116
20
Block D
4,762
0.109
LOT / BLOCK ANALYSIS
LOT
BLOCK
SQUARE FEET
ACRES
21
Block D
4,725
0.108
22
Block D
4,725
0.108
23
Block D
4,725
0.108
24
Block D
4,725
0.108
25
Block D
6,850
0.157
26
Block D
5,026
0.115
27
Block D
4,803
0.110
28
Block D
4,581
0.105
29
Block D
6,231
0.143
30
Block D
7,203
0.165
31
Block D
5,721
0.131
32
Block D
6,236
0.143
33
Block D
7,874
0.181
34
Block D
8,055
0.185
35
Block D
5,949
0.137
36
Block D
5,153
0.118
37
Block D
5,001
0.115
38
Block D
5,002
0.115
39
Block D
4,893
0.112
40
Block D
4,695
0.108
LOT / BLOCK ANALYSIS
LOT
BLOCK
SQUARE FEET
ACRES
41
Block D
7,347
0.169
42
Block D
9,542
0.219
43
Block D
5,645
0.130
44
Block D
5,081
0.117
45
Block D
5,113
0.117
46
Block D
4,901
0.113
47
Block D
4,689
0.108
48
Block D
4,641
0.107
49
Block D
4,895
0.112
50
Block D
5,155
0.118
51
Block D
5,183
0.119
52
Block D
5,184
0.119
53
Block D
5,186
0.119
54
Block D
5,175
0.119
55
Block D
5,036
0.116
56
Block D
4,744
0.109
57
Block D
4,543
0.104
58
Block D
4,500
0.103
59
Block D
4,500
0.103
60
Block D
4,500
0.103
LOT / BLOCK ANALYSIS
LOT
BLOCK
SQUARE FEET
ACRES
61
Block D
4,500
0.103
62
Block D
4,500
0.103
63
Block D
4,500
0.103
64
Block D
5,500
0.126
65X
Block D
12,598
0.289
66X
Block D
99,291
2.279
67X
Block D
15,303
0.351
1
Block E
5,501
0.126
2
Block E
4,501
0.103
3
Block E
4,500
0.103
4
Block E
4,444
0.102
5
Block E
7,507
0.172
6
Block E
8,266
0.190
7
Block E
8,498
0.195
8
Block E
4,501
0.103
9
Block E
4,501
0.103
10
Block E
4,501
0.103
11
Block E
5,501
0.126
1
Block F
5,501
0.126
2
Block F
4,501
0.103
OWNER
Harlow Capitol Management, LLC
Colby Harlow - Trustee
P.O. Box 190136
Dallas, Texas 75219
Ph. 214.754.0800
Contact colbyharlowogmail.com
DEVELOPER
Bridge Tower GP
12801 N. Central Expressway, Suite 1675
Dallas, Texas 75243
PK 214A40.5606
Contact Adam Green
agreenobridgetowerhomecom
LOT / BLOCK ANALYSIS
LOT
BLOCK
SQUARE FEET
ACRES
3
Block F
4,501
0.103
4
Block F
4,501
0.103
5
Block F
4,501
0.103
6
Block F
4,501
0.103
7
Block F
5,501
0.126
8
Block F
5,501
0.126
9
Block F
4,501
0.103
10
Block F
4,503
0.103
11
Block F
4,588
0.105
12
Block F
4,842
0.111
13
Block F
5,103
0.117
14
Block F
6,344
0.146
APPLICANT
McAdams
111 Hillside Drive
Lewisville, Texas 75077
Ashton Miller
Ph. 214.250.8066
Contact amilleromcadamsco oom
60 0 60 120 180 Feet
SCALE: 1 " = 60'
EXHIBIT C
ZONING CERTIFICATE
In my capacity as City of Anna Director of Development Services, I hereby certify that on
or before the date of April 29, 2022, I (check one):
was
was not
provided with a copy of a fully executed and recorded deed transferring ownership of the
Property from Sheryl Harlow Family Trust to Arden Park Owner LLC. In accordance with the
ordinance to which this exhibit is attached, as of the date of my signature below, the zoning of
the Property (check one):
is as set forth in Section 2 of said ordinance
has reverted to SF-E Single -Family Residential — Large Lot
Unless otherwise defined herein or unless otherwise obvious from the context, capitalized terms
herein shall have the meanings as defined in the ordinance to which this exhibit is attached. I
hereunto set my signature this day of 2022.
Director of Development Services
City of Anna, Texas
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING BRIDGE TOWER GP
RESIDENTIAL & COMMERCIAL, CONCEPT PLAN
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 Article 9.02 (Subdivision Regulations") and Article 9.04 (Zoning Ordinance) of the
Anna City Code of Ordinances; and
WHEREAS, Harlow Sheryl Family Trust, Colby Harlow Trustee — Harlow Capital Management,
LLC has submitted an application for the approval of the Concept Plan for Bridge Tower GP
Residential & Commercial; and
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 Revised Concept Plan
The City Council hereby approves the Concept Plan for Bridge Tower GP Residential &
Commercial attached hereto as Exhibit A.
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 8th day of
February, 2022.
ATTEST:
APPROVED:
City Secretary, Carrie L. Land Mayor, Nate Pike
EXHIBIT A
HASSAN AZIZ
ABS A0331 JOHN C FARRIS
SURVEY, TRACT 6, 1.915 ACRES
ZONING: C-1
LAND -USE: VACANT
YELLOW W. LAND CO, LLC
ABS A0331 JOHN C FARRIS SURVEY,
TRACT 7, 3.826 ACRES
ZONING: PD-C
LAND -USE: VACANT
WEST CROSSING, PHASE 1
BL E & BL D
ZONING: PD-R
LAND -USE: SINGLE FAMILY
ANNA EYE CARE
SETTLERS WAY, BL B, LT 32R-2
ZONING: C-1
LAND -USE: RETAIL
nPP'11 I v Al ITn oA07c
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VICINITY MAP
SCALE: 1" = 500'
0
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N 01'23'53" E 1593.
e
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-
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INC
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I
LOT 7
LUINIIN
': F'U-H
LAND -USE:
SINGLE FAMI
Y
LOT 8
LOT 9
LOT 10
LOT 11
LOT 12
LOT 13
LOT 14
LOT 15
Slater Creek
_
Road — _
Private
e
Road
T16 1 LOT17
T 20 1 LOT 21 LOT 22
T�C
LOT 24
LOT 26
64 63 62 61 60 59 58 57
5,500 SF 4,500 SF 4,500 SF 4,500 SF 4,500 SF 4,500 SF 4,500 SF 4356
0.126 Ac. 0.103 Ac. 0.103 Ac. 0.103 Ac. 0.103 Ac. 0.103 Ac. 0.103 Ac. 4,5SF 4,7444 SF 55 54 1 48 43
0.109 Ac.
0.104 Ac. 5,036 SF 5,175 SF 5,186 SF 5,184 SF 5,183SF 5,15° SF 4,895 SF 4,641 SF 4,689 SF 46 45 44 5,645 SF
0.116 Ac.
1 i 55.0' 0.119 Ac. 0.119 Ac. 0.119 Ac. 0.119 Ac. 0.118 Ac. 0.112 Ac. 0.107 Ac. 0.108 Ac. 4,901 SF 5,113 SF 5,081 SF 0.130 Ac.
BLOC D 0.113 Ac. 0.117 Ac. 0.117 Ac.
5
3,240 SF
4 Ac.
68.0' 4
Ln
2,700 SF
N
N
3 108.0
2,700 SF
2 0
2,700 SF N
1
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100.0O 141.0'
(� 4 2 BL SETB CK 0 0 4,:
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J
CO
Ol
20 8.0
l
BLDG 1
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7
24.
Office/General
2 '0
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a
1-Story 7.0
3
l
23,630 SF
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m
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ABS A0856 JOSEPH SLATER SCHLUTER SURVEY,
TRACT 2, 1.843 ACRES
ZONING: C-1
LAND -USE: VACANT
MEN
90
1111
ao
0
25.0'
0
122.5
TYPICAL SF-TH LOT DETAIL
SCALE: 1" = MY
>
-
0
0.0' ROW
0
0
N
0,
45.0
5.0�
l l
l l
L_ -1
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TYPICAL SF-Z LOT DETAIL
SCALE: 1" = MY
CT
14
15
3,780 SF
3,780 SF
0.087 Ac.
0.087 Ac.
'
13
16
2,700 SF
2,700 SF
14
13
68.0'12
68.0' 17
6,344 SF
I 5,103 SF
4 84? SF
4,84
11
1o�
9
$
2,700 SF
2,700 SF
0.146 Ac.
0.117 Ac.
I
Ac.
I 4,588 SF
I 4,5030
I 4,501 SF
5,501 SF
8.992
11
'
0.105 Ac.
0.103 Ac.
I
0.103 Ac.
0.126 Ac.
108.
18 108.
LL
I I
2,700 SF
2,700 SF
'
10
0
19
0
2,700 SF
U
V
2,700 SF
LO
O
_ _
9 Ci
0
m
55.0'
Z
2,700 SF No
(�
2,700 SF N
$
1
1
2
3
4
5
6
7
J
21
F
7_3,456 SF
Ib
3,456 SF
5,501 SF
0.126 Ac.
4,501 SF
0.103 Ac.
4,501 SF
0.103 Ac.
4,501 SF
0.103 Ac.
4,501 SF
0.103 Ac.
4,501 SF
5,501 SF
c.
Green
c
'
0.103 Ac.
0.126 Ac.
u7
U
Space/Common
Neighborhood
Area Lot 10.0
r
Q
— ----� °°
�
V
2,500 SF
�
O
29 15.o
Pool
— —
SINGLE
FAMILY
ZERO LOT
LINE ZONING
0
N
m
8,804 SF
0.202 Ac.
797 SF
$$ LOTS
— — -�
I
Lv
I
O
7
22
Z
3,456 SF
0.079 Ac.
45
0 079 Ac.
0
7
6
'
�23
498 SF
2,700 SF
2,700 SF
5,501 SF
10
I 4,501 SF I
4,501 SF
4,501 SF
195 Ac.
0
N
68, 0
24
0.126 Ac.
0.103 Ac. I
I
0.103 Ac.
i 0.103 Ac. I
0 SF
68.0
700 SF
W
�
6
2,700 SF108
2,700 SF 108.
'
— —
8,266 SF j
0
55.0'
O
0.190 Ac.
'
2,700 SF
r
2,700 SF
0
7
Q
3,240 SF
4 Ac.
(� 6 o
0 2,700 SF N
CO 5
2,700 SF
68.0' 4
LO
2,700 SF
3 108.0'
2,700 SF
2
_ 2,700 SF
0.962 AS--
13_780
SF
0 2 0 27 0 1
N 2,700 SF N 2,700 SF N 5,501 SF 4,501 SF 4,5 0 SF 4,4 SF 5 0
. ' 0.126 Ac. 0.103 Ac. 0.103 Ac. 0.102 Ac. 7,507 SF
1 28 0.172 Ac.
SF SF
0.087 Ac. 0.087 Ac.
I
AC --
TRA['T 0 /
55.0'
1 2 3 4
5,501 SF 4,501 SF 4,501 SF 4,501 SF
0.126 Ac. 0.103 Ac. 0.103 Ac. 0.103 Ac.
N 01 °23'53" E 1589.95'
LOC D 0 0
J
5 6 a°�
7 8 5.0 9X-¢` 10 11 12
501 SF 4,501 SF 4,501 SF 4,501 SF 4, 1 S� 4,51 SF 4,700 SF 4,992 SF
103 Ac. 0.103 Ac. 0.103 Ac. 0.103 Ac. 0.1 A� 0.104 Ac. 0.108 Ac. 0.115 Ac.
E
O
U
ANNA CITY OF
ABS A0856 JOSEPH SLATER SCHLUTER SURVEY,
TRACT 43, 19.309 ACRES
ZONING: SF-E
LAND -USE: VACANT
6 C'
r
Cd
TYPICAL HEAD IN PARKING STALL
SCALE: 1" = 30'
TYPICAL PARALLEL PARKING STALL
SCALE: 1" = 30'
Site Data Summary Table
General Site Data
Tract 1
Tract 2
Tract 3
Commercial
Townhome
Single Family
Zoning
C-1
SF-TH
SF-Z
Land -Use
Commercial/
Medical/
General office/
Reta i I
Townhome
Single Family
Minimum Lot Area
20,000sf
N/A
4,500sf
Building Size
49,130sf
2,700sf
1,200sf
Maximum Height
25.0 ft / 1 story
35 ft
35 ft
Max. Lot Coverage
16%
21%
63%
Total Land Area
4.57 ac
5.93 ac
17.47 ac
Minimum Lot Width
60'
25'
45'
Minimum Lot Depth
100,
108'
100,
Number of Lots
2
53
88
Parki ng
Parking Ratio (Medical Office)
5 per 1,000GSF
N/A
N/A
Required (49,130sf)
244
Provided
1 249
13
4,722 SF
0.108 Ac.
0 25
p 6,850 SF
co 0.157 Ac. r 26 ^r 27 28 nn
24
'
4,725 SF
0.108 Ac.
— —
23
30
4,725 SF
7,203 SF
0.108 Ac.
0.165 Ac.
105.0'
22
31
4,725 SF
5,721 SF
0.108 Ac.
0
0.131 Ac.
0
�6P
Y
21
(�
Y
32
4,725 SF
0
;
6,236 SF
0.108 Ac.
J
0.143 Ac.
20
I
L6
33
4,762 SF
I
4)
7,874 SF
65X
0.109 Ac.
0
0.181 Ac.
Q.
�11 598
F
Common Area Lot
289
c'
19
Proposed
5.0' Sidewalk
5,055 SF
0.116 Ac.
18
5,617 SF
0.129 Ac.
VA
17
5,820 SF
0.134 Ac.
31�
16 9,449 SF Proposed 5.0' Sidewalk 66X
0.217 Ac. 99,291 SF
2.279 Ac.
Common Area Lot
Detention Basin
Proposed Dog Park
15
14 12,101 SF
6,573 SF 0.278 Ac.
0.151 Ac.
TRACT 3
TRACT LINE
TRACT 1: SHALL FOLLOWING THE ZONING
STANDARDS PER SECTION 9.04.021, C-1
GENERAL BUSINESS DISTRICT OF THE
CITY OF ANNA, TEXAS ZONING
ORDINANCE.
TRACT 2: SHALL FOLLOW THE ZONING
STANDARDS PER SECTION 0."014 SF-Z
SINGLE FAMILY RESIDENCE DISTRICT OF
THE CITY OF ANNA, TEXAS ZONING
ORDINANCE.
TRACT 3. SHALL FOLLOWING THE ZONING
STANDARDS PER SECTION 9.04,015, SF-TH
SINGLE FAMILY TOWNHOME DISTRICT OF
THE CITY OF ANNA, TEXAS ZONING
ORDINANCE
LOT 27
42
9,542 SF
0.219 Ac.
41
7,347 SF
0.169 Ac.
40
4,695 SF
0.108 Ac.
39
4,893 SF
0.112 Ac.
38
5,002 SF
0.115 Ac.
37
5,001 SF
0.115 Ac.
36
5,153 SF
0.118 Ac.
5r.
VN
35
5,94, SF
0.137 Ac.0
Sri
v
an
N 34
0
a
055 SF
D- C1185 Ac.
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Notes:
1. All dumpster's will be screened with a T masonry screening wall and gates with metal
gates.
2. Parking shall be provided in accordance with Section 9.04.037. Parking ratio is shown
at most intense proposed use per City of Anna Zoning Ordinanca
3. Detention basis sized to accommodate both commercial and residential portions of the
development
APPROVED
FEBRUARY 22, 2022
CITY COUNCIL
CITY OF ANNA
APPROVED
FEBRUARY 7, 2022
P&Z COMMISSION
CITY OF ANNA
Revisions: 01 /21 /2022
The John R. McAdams
Company, Inc.
111 Hillside Drive
Lewisville Texas 75057
972. 436. 9712
201 Country View Drive
Roanoke, Texas 76262
OWNER
DEVELOPER
APPLICANT
940. 240. 1012
Harlow Capitol Management, LLC
Bridge Tower GP
McAdams
McADAMS
TBPE:19762 TBPLS:10194440
Colby Harlow - Trustee
12801 N. Central Expressway, Suite 1675
111 Hillside Drive
www.gacon.com
www.moadamsco.00m
P.O. Box 190136
Dallas, Texas 75243
Lewisville, Texas 75077
Dallas, Texas 75219
Ph. 214.440.5606
Ashton Miller
Ph. 214.754.0800
Contact: Adam Green
Ph. 214.250.8066
DRAWN BY: AM DATE: 11-10-2021 SCALE:
1" = 60' JOB. No.
Contact. colbyharlowogmail.com
agreenobridgetowerhome com Contact amilleromcadamsco com
CONCEPT PLAN
Bridge Tower GP
Residential & Commercial
88 SF-Z Lots
53 SF-TH Lots &
2 Commercial Lots
4 Common Area Lots
27.96 Acres
in the
THOMAS RATTON SURVEY,
ABSTRACT NO. 782
TRACT 10
CITY OF ANNA
COLLIN COUNTY, TEXAS
EXHIBIT B
J
MCADAMS
January 20, 2022
Ross Altobelli
Director of Development Services
City of Anna, Texas 7S409
Mr. Altobelli:
This letter is to address our request for an exception to the City's requirement that lots within the SF-TH zoning district
are required to have minimum lot depth of 160 feet. The basis for which we are asking for this change is due to the
following reasons:
➢ Current TH buildings do not require 160' deep lots.
➢ Current TH standards inmost municipalities/developments only require a minimum of 80' deep lots.
➢ Current design standards argue that lot depth should not be more than 3 times the lot width.
The current City standard of 160' minimum lot depth is actually larger than any of the single-family lot depths. For
example, the SF-Z minimum lot dept is only 100 feet.
Because of these reasons, we believe that the proposed development should be granted the lot depth exception. We
appreciate your help in reviewing our request and preparing it for review by the Planning and Zoning Commission.
Please do not hesitate to contact me if you have any questions.
Sincerely,
Josh Barton, P.E.
Senior Project Manager
MCADAMS
creating experiences through experience 111 Hillside Drive, Lewisville, TX 75057 / 972. 436. 9712
THE CITY OF
Anna
�IMM1 ►19VA.01
City Council Agenda
Staff Report
Meeting Date: 2/22/2022
Staff Contact: Ross Altobelli
AGENDA ITEM:
Annexation - Anna West (Director of Development Services Ross Altobelli)
Conduct a public hearing to consider public comments regarding annexation of 43.9±
acres located on the north side of Farm -to -Market Road 455, 250± feet west of County
Road 287.
SUMMARY:
The applicant is requesting the public hearing for the Annexation request be opened
and continued until the March 8, 2022 City Council meeting which will allow the
annexation request to be considered the same night as the proposed zoning for the
property.
FINANCIAL IMPACT:
N/A
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing:
Goal 2: Sustainable Anna Community Through Planned Managed Growth
STAFF RECOMMENDATION:
Recommend the public hearing remain open and continued to the March 22, 2022 City
Council meeting. Location and time of meeting to be identified in the motion.
ATTACHMENTS:
1. Annexation Table Request
APPROVALS:
Ross Altobelli, Director of Development Services Created/Initiated - 2/15/2022
Jim Proce, City Manager Final Approval - 2/17/2022
From: Dylan Blackshear
Sent: Thursday, February 10, 2022 3:44 PM
To: Lauren Mecke
Cc: Salena Tittle; Thomas Hill; Doug Backes; Melisa Baune
Subject: RE: parcHAUS - Anna West - Annexation/Zoning
Good Afternoon Lauren,
Further to our conversation, we would like to table the parcHAUS Anna West annexation case and the
zoning application for the February 22, 2022, council meeting. We would then like to place both items
on the March 07, 2022, Planning and Zoning Commission agenda, proceeding to the March 08, 2022,
council meeting.
Please feel free to contact me if you need any additional information.
Many thanks,
Dylan Blackshear PE
Branch Office Leader / 469.880.7910 cell / dblackshear(@coletx.com
Cole°
DALLAS / ST. LOUIS / ST. CHARLES / PHOENIX
TBPE Firm Reg: F-10253
TBPLS Reg #10193871
6175 Main Street / Suite 367 / Frisco / TX / 75034
972.624.6000 x1311 / www.colestl.com
Cole & Associates, Inc. is a iwssoun uorporauon d.b.a. Cole Design Group, Inc. in Texas & Arizona, herein referred to as "Cole"
THE CITY OF
Anna
1lil 001'.wm
City Council Agenda
Staff Report
Meeting Date: 2/22/2022
Staff Contact: Ross Altobelli
AGENDA ITEM:
Zoning - Anna West (Director of Development Services Ross Altobelli)
1) Conduct a Public Hearing/Consider/Discuss/Action on an Ordinance to zone 43.9±
acres located on the north side of Farm -to -Market Road 455, 250± feet west of County
Road 287 to Planned Development - MF-2 Multple-Family Residential - High Density
(PD-MF-2). Currently zoned: Extraterritorial Jurisdiction (ETJ).
SUMMARY:
At the Monday, February 7, 2022 Planning & Zoning Commission meeting the
Commission's initial motion was to approve the zoning request. The vote was 2-2 which
represents no action due to lack of a majority.
Section 9.04.043(c)(2) that states "the city council may not enact any proposed
amendment until the planning and zoning commission makes its final report to the city
council". Further the ordinance states that if the commission fails to finally report after
60 days it would be deemed to have recommended negatively to the proposal per
Section 9.04.043(e). The first Council meeting after the 60 day timeline would be on
Tuesday, April 12, 2022.
To help expedite the zoning request and to allow the applicant to present the proposed
zoning to a full Planning & Zoning Commission, staff will be renoticing a public hearing
for the Monday, March 7, 2022 Planning & Zoning Commission meeting which will allow
the Commission another opportunity to provide a recommendation for the March 8,
2022 City Council meeeting.
FINANCIAL IMPACT:
N/A
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing:
Goal 2: Sustainable Anna Community Through Planned Managed Growth
STAFF RECOMMENDATION:
Recommend the public hearing remain open and continued to the March 8, 2022 City
Council meeting. Location and time of meeting to be identified in the motion.
ATTACHMENTS:
APPROVALS:
Ross Altobelli, Director of Development Services Created/Initiated - 2/15/2022
Jim Proce, City Manager Final Approval - 2/17/2022
THE CITY OF
Anna
AGENDA ITEM:
City Council Agenda
Staff Report
Meeting Date: 2/22/2022
Staff Contact: Gregory Peters
Discuss and consider a Resolution authorizing the City Manager to execute an
agreement for professional services related to the final engineering design, architecture,
product selection, bid services, and construction management for the Hurricane Creek
Regional Wastewater Treatment Plant. (Director of Public Works Greg Peters, P.E.)
SUMMARY:
As discussed at the January 25, 2022 City Council Meeting, the City is moving forward
with plans to permit and construct a regional wastewater treatment plant on the west
side of US 75 to facilitate the development of the entire west half of the City. The
project will also provide wholesale wastewater treatment for the City of Van Alstyne, the
City of Weston, and multiple MUD districts located outside of the City. These partners
will pay a utility rate to the City of Anna for sewer treatment, which will be used to pay a
significant portion of the debt service, operations, and maintenance of the facility. This
will allow the City of Anna to meet the sewer treatment needs of our growing community
while spreading the cost of this type of facility across our region.
Kimley Horn completed the concept engineering study and submitted the discharge
permit to TCEQ in September of last year. Currently, the discharge permit is in the
technical review phase. Following the technical review and public input processes, staff
expects to receive approval of the permit by late summer or early fall of this year.
This item is to authorize the City Manager to execute a contract with Kimley Horn for all
of the design services required to produce a set of construction documents for the entire
facility, including engineering, land surveying, and architecture. Also included in the
scope is management of the bid process, assistance in product selection, and providing
on -site construction management.
Some key aspects of the project include:
• The proposed regional treatment plant will allow Anna to control its own
development destiny, removing obstacles to achieving the development goals of
the Comprehensive Plan.
• The project has active partners in the cities of Van Alstyne and Weston, who
support the project and have a strong desire to enter into agreements to pay for
sewer treatment. In addition, multiple developers looking to create MUD's
outside of Anna's ETJ are seeking to enter into sewer treatment rate agreements.
• Removes the need to acquire easements through the Melissa ETJ, where most
landowners were strongly opposed to Anna constructing any utilities through their
land.
• Based on a cost comparison, the construction and operation of a regional
wastewater treatment plant will be cheaper than constructing a sewer trunk line
through Melissa and paying Melissa for transport and NTMWD for treatment.
• The proposed treatment method (membrane bio-reactor) is a proven, but
modern, method of treatment.
• MBR systems have a longer service life, are easier to maintain, and are able to
meet more stringent effluent requirements compared to a conventional activated
sludge plant.
• The project will include type 1 water re -use systems, which will allow the City to
work with the adjacent landowner to provide irrigation water from the plant
effluent, reducing Anna's water demand in the future.
• The facility will include space for a small testing lab, allowing the City to test
water and sewer samples locally, reducing lost staff time (currently travel to
Sherman/Denison) for water sampling.
• The testing lab will allow the City to test water and sewer samples for other
communities, providing cost recovery for the lab.
Staff recommends approval of the entire scope so that we can ensure that the design
process is timed with approval of the discharge permit, so that no time is lost during the
process. The project plan is to submit construction plans to TCEQ for approval as soon
as they approve the discharge permit. This will accelerate the project schedule and
allow the City to quickly move into the bid and construction phases.
Future agenda items will be coming to the City Council for approval, including the
purchase -sale agreement for the property, and a certificate of obligation (CO) to fund
the project through debt service on the utility fund. Staff is currently working with the
City's Financial Advisor and a utility rate study consultant to complete the necessary
financial analysis and review processes required for issuance of the CO's.
Funding for this item will be a combination of PID Fees and Sanitary Sewer Impact Fees
for design services, and the aforementioned CO for construction plans, bid processes,
and construction management services.
FINANCIAL IMPACT:
The total cost of the scope is $11,382,000. $5,259,000 of the cost will be paid by fees
collected from new development (PID Fees, Impact Fees). $6,123,000 will be funded
through the upcoming Certificate of obligation.
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing:
Goal 2: Sustainable Anna Community Through Planned Managed Growth
STAFF RECOMMENDATION:
Staff recommends approval of the item as presented.
ATTACHMENTS:
Resolution - Hurricane Creek WWTP Design
APPROVALS:
Gregory Peters, Director of Public Works Created/Initiated - 2/16/2022
Jim Proce, City Manager Final Approval - 2/17/2022
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE CITY MANAGER TO
EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH KIMLEY-HORN AND
ASSOCIATES, INCORPORATED, FOR DESIGN, BID, AND CONSTRUCTION
MANAGEMENT SERVICES RELATED TO THE HURRICANE CREEK REGIONAL
WASTEWATER TREATMENT PLANT.
WHEREAS, the City of Anna seeks to design and construct a regional wastewater treatment
plant on the west side of US 75; and,
WHEREAS, the City of Anna has successfully submitted a permit request to the Texas
Commission on Environmental Quality for discharge from a wastewater treatment facility; and,
WHEREAS, the proposed facility will provide wastewater treatment for the region, including the
Cities of Anna, Van Alstyne, and Weston, and Municipal Utility Districts outside of the City
Limits of the three communities; and,
WHEREAS, the project will be funded through a combination of PID Fees, Sanitary Sewer
Impact Fees, and an upcoming Certificate of Obligation on the Utility Fund; and,
WHEREAS, it is necessary to begin the final design process immediately in order to provide
wastewater treatment west of US 75 in the nearest possible time; and,
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 Professional Services
The City Council hereby authorizes the City Manager to execute the professional services
agreement attached hereto as Exhibit "A."
The City Council hereby authorizes the use of PID Fees, Impact Fees, and the identified
future Certificate of Obligation to fund the scope of services identified in Exhibit "A."
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 22nd day
of February, 2022.
ATTEST:
APPROVED:
City Secretary, Carrie L. Land Mayor, Nate Pike
Exhibit A
INDIVIDUAL PRO,iECT ORDER NUMBER 064512911
Describing a specific agreement between ICimley-Hom and Associates, Inc_ (the Consultant), and the Clty
of Anna, Texas (the Client) in accordance with the terms of the Master Agreement for Continuing
Professional Services dated .July 271", 2021, which is incorporated herein by reference_
Identification of Project:
Project Name: Hurricane Creek Regional Water Redarnation Facility
Project Number: O 51291 t
Proiect Understandina
The Client has decided to design and construct a new 4.0 million gallons per day (MGD) regional water
reclamation facility (WRF) based on the findings of the Preliminary Engineering Report (PER) prepared by
the Consultant dated September 2021. This PER and other required information for a discharge permit
have been submitted to the Texas Commission on Environmental Quality (TGEQ) seeking approval of a
discharge permit to Hurricane Greeks near the proposed water redanmation facility site_ The Consultant
understands the Client desires to move forward with the following items:
• The preferred treatment process will be membrane bioreactors (MBR)
• The Client will purchase the selected site forthe facility after TCEQ approves the discharge
permit
• The first phase of the fadlity will be constructed out of the 10 -yr fkrodplain
Specific scope of basic Services:
Task 1 — Preliminary Design
The Consultant wil I perform the following professional services:
A. Geotechnical Engineering
1. Perform a geotechnical analysis of the sate utilizing a qualified geotechnical laboratory to
determine subsurface conditions and make recommendations regarding design
parameters_ The analysis shall include the foliovang:
a. Subsurface exploration including up to twenty-three (23) sample bore drilled to between 8
and 40 feet depending upon depth to un-weathered shale or limestone.
b. Laboratory tests for classification purposes and strength characteristics.
c. Engineering services that address the following:
i. Sail and groundwater conditions
ii. Comments on general excavatability of Soils and shale encountered
iii. Recommendations for above or below grade structures, depth, allowable loading
and backfill requirements
iv. Foundation construction requirements
Y. Recommended lateral pressures for the design of below grade walls
vi_ Evaluation of ttme subgradesoils
vii. Recommendations for yard piping installation, including bedding and backfill
viii. Recommendations for earthwork.
2. A gedechnical report will be furnished by the geotechnical engineer to present the results
of the field and laboratory data as well as analyses and recommendations_ The data
contained in the geotechn ical report will be made available to contractors during the
bidding process for informational purposes.
3. Meetings:
M-WANI
i. NA
4. Deliverables:
i. Two (2) copies of geotechnical report and a. pdf electronic copy
5. ServicesJDeliverables provided by the Client:
i. Site access
B. Design Survey
1. Perform a horizontal and vertical survey of the proposed WRF site to locate visible
topographic features_ A boundary survey W II be perrormed as part of this task.
2. Meetings:
i_ NfA
3. Deliverables:
i. Two (2) copies of boundary survey
4. Servii eslDelNerables provided by the Client:
i. Site access
C. Equipment Selection Process
The Consulbnt W II prepare for and conduct the pre -design equipment selection process_ This
process includes the following items:
1. Prepare the equipment selection criteria based an Client input for the following items:
i_ Screening Equipment
ii. Grit Removal Equipment
iii. Membrane Bioreactor Equipment
iv_ Disinfection Equipment
v_ Dewatering Equipment
2. Prepare for and conduct up to three (3) equipment provider interviews with Client for
each item identified above. The Consultant will schedule the in-�person interviews in
coordination with the Client on time and location. Each interview will be up to one hour in
length_
3. Prepare for and arrange up to six (6) site visits to existiing water reclamation facilities with
Client to observe similar processes and equipment that may be considered for installation
on this project_ The Consultant anticipates each site visit being one day in length_
i. Expenses for travel will include Eravel expense for up to two (2) City staff
4. Participate on equipment selection committee with Client_
5. Document the equipment selection process and prepare a tedhni al memorandum
summarizing the selected equipment.
6. Once the equipment above has been selected and approved by the Client, preliminary
technical specifications will be prepared for all the equi pment that will be used on this
project and preliminary design Wil be based around specific equipment selections.
7. Meetings:
i. Prepare for and conduct equipment provider interviews
ii. Prepare for and attend site visits to existing water reclamation facilities
8. Deliverables:
i. Two (2) copies of Equipment Selection Technical Memorandum and _polf
electronic copy
ii. Two (2) copies office preliminary technical specifications
9. Servicesl Deliverables provided by the Client:
i. Participate in pre -design equipment selection process
ii. Attend water reclamation facility site visits
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D. Preliminary Design
1. The Consultant will perform preliminary civil, mechanical, structural, electrical, architectural
design services for the following:
a_ Influent lift Station
b. Headwofks Facility
i. Coarse Screening
ii. Grit Removal
iii. Fine Screening
c. Membrane Treatment Units
d. Plower Facility
e. Recycde and Waste Pump Station
f_ Disinfection Facility
g. Solids Dewatenng Facility
h. Administration Building
i_ Storage building
j. Site improvements
i. Access road
ii_ Entrance gate and fencing
E. Preliminary Plans and Specifications
1 _ The Consultant will prepare 30%engineering plan sheets and specifications in accordance
with the preliminary engineering report and design.
The plans will include_
a_ Civil sheets:
I. General notes
ii. Overall site plan
iii. Yard piping plan
iv. Paving plan
b. Mechanical sheets:
i. General notes
ii. lift station equipment layouts
iii. Treatment Equipment layouts
c. Structural sheets:
i. General notes
ii. Site plans
iii. Foundation plans
d_ Electdcal sheets-
i. Site electrical plan
ii. Grounding plans
iii. One -line diagfams
iv. Conduit and wiring plan
Y. lighting plans
vi. Site security plan
vii. SCADAJinstrumentabon layout
e. Architectural sheets:
i. General notes
H. Site plans
iii. Floor plans
iv. Roof plans
v. HVAC plan
A. IrHgaUon plan
f. Plumbing sheets
rev U:k31
i. Onsite water service plan
ii. Onsite sewef service plan
2- Prepare 30% quantity take -off for proposed improvements and engineers opinion of pralaable
construction cost (OPCC)-
3- Meetings:
i- Prepare for and conduct up to three (3) meetings for preliminary design progress
review
ii. Prepare for and conduct a 30% preliminary plan and specification review
workshop
4- Deliverables:
i- Five (5) copies of 30% 11N1T plans and -polf electronic copy
ii. Five (5) copies of 30% OPCC and .pdf electronic copy
5- ServicesdDel iverables provided by the Client:
L Participate in progress meetings
ii. Review and comment on the 30% plans, specifications, and OPCC
iii. Partdpate in the 3D%design review workshop
F. Final Engineering Report
The Consultant shall prepare a Final Engineering Report. The Consultant steal I perform the
followng tasks:
1- Finalize the size of each treatment unit. Calculations, analyses, graphs, formulas, constants,
and technical assumptions will be provided to support the design and sizing of each unit-
2- Develop a process flow diagram forth water reclamation facility.
3. Develop hydraulic model to determi ne the elevations of the treatment units and determine the
sizing of interconnected piping-
s. Develop a baoiog ical model to determine the operati ng parameters of the biological treatment
units.
5- Prepare a solids balance with the biological model
6- Prepare the Pre'liminary.Engineering Reportt Document includi ng:
a- Types of units proposed and their capacffies
b. Detention times, surface loadings and weir loadings for each unit
c. Plot of the hydraulic gradient at peak flow conditions
d- The recommended operation mode
e- Organic and volumetric loadings pertinent to each treatment unit
f- Preliminary site plan
g- Site access and security
h- Flood protection
L Emergency power
6. Meetings:
i. Prepare for and conduct one (1) Final Engineering Report review meeting
7. Deliverables-
i- Five (5) copies of the Final Engineedng Report and -p If electronic copy
8_ ServicWDeliverahles provided by the Client:
i- Participate in the Final Engineering Report review meeting
ii. Review and provide comments on the Final Engineering Report
G. Reclaimed WaterAuthorization
a. The Consultant will prepare an application to the TCEQ for authcxization to produce
municipal reclaimed water_ The Consultant will perform the following tasks-
i- Prepare a TCE&20427 Application including the fallowing:
1. Care Data Farm (TCEO-1040O)
¢ew PM21
2. Reclaimed water service area map
3. Reclaimed water stDrage paid location map
4. Operation and Maintenance plan
ii. Submit the draft permit application for Client review and comment.
iii. Following review of the draft permit application packet by the Client, address
Client oomments and submq Fhe application to Vie TCEQ.
iv_ Respond to TCEQ administrative and technical comments
v_ Review the Draft permit and respond to TCEQ with corrections or suggestions for
permit conditions consistent with the project.
Meetings
i_ Prepare for and conduct one (1) review meeting with the Client
Deliverables
i. Five (5) copies of tf)e Draft 21 Q Permit Appli cation and _pdf electronic copy
ii. Five (5) copies of the Final 210 Permit Appli cation and _pdf electronic copy
Servicesf Deliverables provided by the Client
i. Participate in review meeting and provide comments to tine application
ii. Coordinate with end users and develop user agreements (rf applicable)
Task 2 — Final Design
A. Final Engineering
1. The Consultant will perform final civil, mechanical, structural, electrical, architectural design
services for the fol lowing=
a. Influent Lift Station
b. Headworks Facility
iii. Curse Screening
3v_ Grft Removal
v_ Fine Screening
c_ Membrane Treatment Units
d. Blower Facility
e. Recycle and Waste Pump Station
f. Disinfection Facility
g. Solids Dewatering Facility
Administration Basin
B. 60%Plans and Specifications
1. The Consultant will prepare 613%engineering plan sheets and specifications in accordance
with the final engineering report.
The plans unit include:
a. Civil sheets:
i. General notes
ii. Overall site plan
iii. Yard piping plan
iv_ Yard piping profiles
v_ Paving plan
vi. Grading plan
Mechanical sheets-
i. General notes
ii. LE station equipment layouts
iii. Lift station sectons
iv_ Treatment equipment layouts
v_ Treatment equipment sections
81mctural sheets-
i_ General notes
TK i,2aai
ii. Site plans
iii. Foundation plans
iv_ Sections
d_ Electrical sheets:
i_ Site ele Neal plan
ii. Grounding plans
iii. One -line diagrams
iv_ Conduit and wiring plan
v_ Lighting plans
vi_ SCADArinstrumentation layout
e_ Architectural sheets:
i_ General notes
K Site plans
K Floor plans
iv_ Roof plans
v_ HVAC plans and details
vi_ Irrigation plans
vii_ Elevations
Plumbing sheets
i _ Onsite water service plan
ii. Onsite sewer service plan
2. Prepare 60% quantity takeoff for proposed improvements and engineers opinion of probable
construction cost (OPCC).
3. Meetings-
1- Prepare for and conduct up to three (3) meetings for 60% design progress review
ii. Prepare for and conduct a 60% preliminary plan and specification review
workshop
4_ Deliverables:
i_ Five (5) copies of 60% 11"xlT plans and _pdf electronic copy
ii. Five (5) copies of 60% OPCC and .pdf electronic copy
5. Services(Deliverables provided by the Client:
i. Participate in progress meetings
ii. Review and comment on the 80% plans, specifications, and OPCC
iii. Participate in the 60% design review workshop
C. 90%Plans and Specifications
1 _ Once the 60% design has been approved lay the Client, the Consultant wil I prepare 90%
engineering plan sheets and specifications in accordance wflh the final engineering report.
Plans will consist of 22"x34" plan sheets. The Consultant anticipates preparing approximately
175-225 plan sheets_
The plans W 11 include:
a_ Ciwl sheets:
i_ General notes
K Overall site plan
iii. Yard piping plan
iv_ Yard piping profiles
v_ Paving plan
vi_ Grading plan
vii_ Details
b_ Mechanical sheets:
i_ General notes
ii. Lift station equipment layouts
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R. Lift station sections
iv. Treatment equipment layouts
v- Treatrnent equipment sections
vi. Odor control layout
vii. Details
c. Structural sheets:
t- General notes
ii. Site plans
iii. Foundation plans
iv. Sections
v- Details
d_ Electrical sheets:
i- Site electrical plan
ii. Grounding plans
iii. One -line diagrams
iv. Conduit and wiring plan
v- Lighting plans
vi. SCADAFinstumentation layout
vii- Details
e_ Architectural sheets:
i- General notes
ii. Site plans
M. Floor plans
iv. Roof plans
v- Elevations
Vt. Sections
vii- HVAC plans and
viii. Details
f- Plumbing sheets
i. Onsite water service plan
ii. Onsite sewer service plan
6_ Prepare X% quantity takeoff for proposed improvements and engineer's opinion of prMable
construction cost (QPCC)_
T_ Address comments and prepare final design plans, specifications. and contract documents
8_ Regulatory Coordination — The Consultant will prepare and submit the project to the
Wastewater Plans and Specification Review Team at TCEQ for a full technical review_ The
Consuftant will also submit plans to the Texas Department of Licensing and Reguh5on
(TDLR) for review and approval_
e. Submit die fallowing to TCEQ=
i. Summary Transmittal Letter
t. Contact infatuation
7. Project identification information
3. Overall site plan
4. Description of variance {f any)
ii. Final Engineering Report
iii. Final Plans and Specifications
f. Respond to comments or technical questions received from TCEQ Applications and
Review Team.
g. Submit plans and specifications to TDLR and respond to comments.
9. Submit
10. Mleetings:
i. Prepare for and conduct up to three (3) meetings fox 90%design progress review
rep- 1'2011
ii. Prepare for and conduct a %% preliminary plan and specification feview
workshop
11. Deliverables:
i. Five (5) copies of 90% 11'x17' plans, specifications, and construction documents
and .pdf electronic copy
ii. Five (5) copies of 90% OPCC and .pdf electronic copy
di. Five (5) copies of 10D% 11'xi7' plans, specs, and eorstruction documents and
.pdf electronic copy
iv. Five (5) copies of 10D% OPCC and .pdf electronic copy
12_ Services0el iverables provided by the Client:
i. Participate in progress meetings
ii. Review and comment on the 90% plans, specifications, and OPCC
iri. Participate in the 9D% design review workshop
iv. Provide access to site for TDLR accessibility review
Task 3 — Bidding
The Consultant will perform the following professional services for this project phase:
1. Print a maximum of 3 ful I sore (22Wx34') and 3 half size (11' x 17') sets of plans and specifications
forthe Client. Additional sets of bidding documents shall be printed, only upon the Clieffs
authorization, as Additional Services.
2_ Provide plans and specifications in _FDF format to CivCast website for online bidding.
3. Prepare the Notice to Bidders. The Client will be responsible for submitting the Notice to
newspapers for advertisement. Advertising will be billed directly to the Client by the newspaper.
4. Issue addenda as required.
5. Answer contractor questions.
6_ Propane for and conduct a Pre-lo d conference_
f. Attend bid opening, prepare a tabulation of bids, and prepare a letter sunrnari ing the bids to the
Cilient for award of contract_
8. Prepare six (6) sets of the contract documents far execution by the contractor, receive and review
such documents fflr completeness. and forward to the Client for review and execution.
Task 4 — Construction Pilase Services
The Consultant will provide professional construction phase services to the Client during
construction of this project. The estimated construction period of the project is twenty-four (24)
months for the basis of establishing the Consukaffs Fee. The construction phase services are
as follows:
1. Pre —Construction Conference
a_ Prepare for and attend a pre -construction conference prior to commencement of
Work at the Site
2. Visits to Site and Constructon Observation — The Consultant will provide on -site
construction observation services during the constructon phase. The Consultant Wil
make visits at intervals as directed by the Client in order to oirserve the progress of the
Work. Such visits and observations by the Consultant are not intended to be exhaustive
or to extend to every aspect of Contractor's work in progress. Observations are to be
limited to spot checking, selective measurement, and similar methods of general
observation of the Work based on the Consultant's exercise of professional judgment.
Based on information obtained during such visits and such observations, the Consultant
will evaluate whether Contractor's work is generally proceeding in accofdance wtth the
roc 1:2021
Contract Documents. and the Consultant will keep the Client informed of the general
progress of the Work.
The purpose of the Consultant's slte vi sits will be to enable the Consultant to better carry
out The duties and responsibilities specifically assigned in this Agreement to the
Consultant, and to provide the Client a greater degree of confidence that the compieted
Work will confoml in general to the Contract Documents. The Consultant shall not, during
such visits or as a result of such observations of Contractors work in progress, supervise,
direct, or have control aver Contractor's work, nor shall the Consultant have authority
over or responsibility for the means, methods, techniques, equipment choice and usage,
sequences, schedules, or procedures of construction selected by Contractor, for safety
precautions and programs incident to Contractors woR, nor for any failure of Contactor
to comply with laws and regulations applicable to Contractors fumishing and performing
the Work. Accordingly, the Consultant neither guarantees the performance of any
Contractor nor assumes responsibility for any Contractors failure to famish and perform
its work in accordance with the Contract Documents.
Resident Project Representative. Consultant's role as Resident Project Representative
Will include fumishing a Resident Project Representative ("RPR") to assist Consultant in
obseNng progress and quality of the work.
a. The duties and responsibilities of the RPR are limited to those of Consultant in
the Agreement with the OWNER and in the Contract Documents, and are further
limited and described as follows:
i. General
aj RPR is Consultant's agent at the Site, will act as directed by and
under the supervision of Consultant, and will confer with
Consultant regarding RPR's actions. It is assumed for the scope
of this project that the RPR will perform an average of 3 site
visits per week for construction observation.
bj RPR's dealings in matters pertaining to a Contractor's work in
progress shall in general be with Consultant and Contractor,
Keeping OWNER advised as necessary
c) RPR's dealings with subcontractors shall only be through or with
the full kn wk4:lge and approval of Contractor
dj RPR shall generally communicate with OWNER with the
knowledge of and under the direction of Consultant
ii_ Schedules
aj Review the progress schedule, schedule of Shop Drawing and
submittals, and any other schedules prepared by Contractor and
consult with the Consultant coneemi ng acceptability
iii. Conferences and Meetings
aj Attend meetings with Contractor, such as precoistruction
conferences, progress meetings, job conferences and other
project -related meetings, and prepare and circulate copies of
minutes thereof
iv. Liaison
aj Sere as Consultant's liaison with Contractor; working
principally through Contractors superintendent, and assist in
providing information regarding the intent of the Contract
Documents
bj Assist Consultant in serving as CWNER's liaison with
Contractor when Contractors operations affect UAINER's on -site
operations
c) Assist in olAaining from OWN ER additional details or
information, when required for proper execution of the Work
r¢v V2021
v_ Interpretation of Contract Documents
a) Report to Consultant when clarfications and interpretations of
the Contract Documents are needed and transmit to Contractor
clarifications and interpretations as issued by Consultant
vi. Shop Drawings and Submittals
a) Maintain Shop Drawing and Submittal Record log
b) Advise Consultant and Contractor of the commencement of any
portion of the Work requiring a Shop Drawing or submittal for
winch RPR believes that the submittal has not been approved by
Consultant
vii. Modifications.
a) Consider and evaluate Contractor's suggestions for
modifications in Drawings of Specifications and report such
suggestions, together with RPR's recommendations, to
Consultant. Transmit to Contractor in writing decisions as issued
by Consultant
viii. Review of Work and Rejection of Defective Work
a) Conduct on -Site observations of Gontractor's work in progress
to assist Consultant in determining I the Wofk is in general
proceeding in accordance with the Contract Documents
b) Report to Consultant whenever RPR believes that any part of
Contractors work in progress will not produce a completed
project that conforms generally to the Contract Documents or W II
imperil the integrity of the design concept of the completed
Specific Projed as a functioning whale as indicated in the
Contract Documents, or has been damaged, or does not meet
Me requirements of any inspection, test or approval required to
be made; and advise Con sultant of that part of work in progress
Mat RPR believes should be corrected or rejected of should be
uncovered for ol)servation, or requires special testing, inspection
or approval
ix. Inspections, Tests, and System Start-ups
a) Consult with Consultant in advance of scheduled major
inspections, tests, and systems start-ups of important phases of
the Work
b) Verify that tests, equipment, and systems start-ups and
operating and maintenance training are conducted in the
presence of appropriate OWN ER s personnel, and that
Contractor maintains adequate records thereof
c) Obseive, record, and report to Consultant appropriate details
relative to the test procedures and systems start-ups
d) Accompany visiting inspectors representing public or other
agencies having jiunsdi ction over a Specific Project, record the
results of these inspections, and report to Consultant
X. Records
a) Maintain at the Site orderly files for correspondence, reports of
job conferences, reproductions of original Contract Documents
including all Addenda, Change Orders, Field Orders, additional
Drawings issued subsequent to the execution of the Contract.
Consultant's darifications and interpretations of the Contract
❑ =rnents, progress reports, Shop Drawing and submittals
received from and delivered to Contractor, and other Specific
Project -relate l documents
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b) Prepare a daily report or keep a diary or log book, recording
Contractors hours on the Site, weather conditions, data relative
to questions of Change Orders. Field Orders. or changed
conditions, Site visitors, daily activities, decisions, observations
in general, and specific observations in mare detail as in the
case of observing test procedures; and send copies to
Consultant
c) Record names; addresses, fax numbers, e-mail addresses, web
site locations and tefephane numbers of all Contractors,
subcontractors, and major suppliers of materials and equipment
d) Maintain records for use in preparing project documentation
e) Upon completion of the Worts, furnish original set of all RPR
Specific Project documentation to Consultant
A. Reports
a) Furnish to Consultant periodic reports, as required, of progress
ofthe Work and of Contractors compliance with the progress
schedule and schedule of Shop Drawing and submittals
bj Draft and recommend to Consultant proposed Change Orders
and Field Orders_ Obtain backup material from Contractor
c) Furnish to Consultant and OWNER copies of al I inspection, test,
and system startup reports
d) Immediately notify Consultant of the occurrence of any Site
accidents, emergencies, ads of Goad endangering the Work,
darrxage to property by fire or other causes, or the discovery of
any+ Constituent of Concern
xii. Payment Request
a) Review Applications for Payment with Contractor for compliance
wish the established procedure for their submission and forward
wish recommendations to Consultant, noting particularly the
relationship of the payment requested to the Work completed,
and materials delivered at the Site but not incorporated in the
Work
b) Certificates, Operation and Maintenance Manuals
c) During the course of the Work, verify that materials and
equipment certificates, operation and maintenance manuals and
other data required by the Specifications to be assen�)Ied and
famished by Contractor are applicable to the items actually
installed and in accordance with the Contract Documents, and
have these documents delivered to Consu Itant for review and
forwarding to OWNER prior to payment for that part of the Work
xiii. Completion
a) Participate in a final inspection in the company of Consultant,
0AWER. and Contractor and prepare a final list of items to be
completed and deficiencies to be remedied
bj Otserve whether all items on the Tina] list have been completed
or corrected and make recommendations to Consultant
concerning acceptance and issuance of the Notice of
Acceptability+oftbe Work
Av_ Resident Project: Representative shall not:
a) Authooize any deviation from the Contract Documents or
substitution of materials or equipment (including 'or-,&qual"
items)
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bj Exceed limitations of Consultants authority as set foram in the
Agreement or the Contract Documents
c) Undertake any of the responsibilities of a Contractor,
subcontractors, suppliers, or a Contractors superintendent
d j Advise on, issue directions relative to, or assume control over
any aspect of the means, methods, techniques, sequences or
procedures of the Contractors work unless such advice or
directions .are speffically required by the Contract Documents
ej Advise on, issue directions regarding, or assume control over
safety practices, precautions and programs in connection with
the activfties or operations of OWNER or Contractor
fj Participate in specialized field or laboratory tests or inspections
conducted off--slte by others except as specifically authorized by
Consultant
g j Accept Shop Drawings or submittals from anyone other than
Contractor
hj Authorize OWNER to occupy a Specific Project in whole or in
part
i j Through such observations of Contractor's work in progress and
field checks of materials and equipment by the RPR, Consultant
shall endeavor to provide OWNER a greater degree of
confidence that the completed Work will conform in general to
U-w Contract Documents. However, Consultant shall not, during
such visits or as a result of such observations of Contractors
work in progress: supervise, direct, or have control over
Contractors worst, nor shall Consultant have authority over or
responsibility for the means, methods, techniques, equipment
choice and usage, sequences, schedules, or procedures of
construction selected by Contractor, for safety precautions and
programs incident to Contractors work, nor for any failure of
Contractor to comply with laws and regulations applicable to
Contractors fumishing and performing the Work. Accordingly,
Consultant neither guarantees the perk mmance of any
Contractor nor assumes responsibility for any ContracWs failure
to furnish and perform its work in accordance with q've Contract
Documents.
Recommendations with Respect to Defective Work
a_ Provide reconunendations to Client that Contractors work be disapproved and
rejected while ft is in progress 1, on the basis of site visit evaluations, the
Consultant believes such worst will not produce a completed Project that
conforms generally to Contract Documents of that ft will prejudice the integrity of
the design concept of the completed Project as a functioning whole as indicated
in the Contract Documents. Niotwfthstanding the foregoing, the Client reserves
the right to disapprove or nejectContractors work without a recommendation
from the Consultant.
Clarifications and Interpretations
a_ Issue necessary darifi cations and interpretations of the Contract Documents to
Client as appropriate to the orderly completion of Contractors worts. Such
clarifications and interpretations wil I be consistent with the intent of the Contract
Documents. Field orders authorizing variations fraatm the requirements of the
Contract Documents will be made by Client.
Change Orders
a_ Recommend change orders to Client, as approMate_
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b. Review and make recomnwndations related to Change Orders submitted or
proposed by the Contractor.
&. Shop Drawings and Samples
a. Review and approve or take other appropriate action in respect to Shop
❑ravings and Samples and other data which Contractor is required to submk
but only for conformance with the information given in the Contract Documents
and compa€ibility with the design concept of the compl etod Project as a
functioning whole as indicated in the Contract Documents. Such review and
approvals or other action will not extend to means, methods, techniques,
equipment choice and usage, sequences, schedules, or procedures of
construction or to related safety precautions and programs_
9. Substitutes and -or-equal'
a. Evaluate and detemtine the acceptability of substitute or -or -equal' materials and
equipment proposed by Contractor in accordance with the Contract Documents,
but subject to the provisions of applicable standards of state or local government
entities.
b. Provide recommendations to the Client
10. Inspections and Tests
a_ Review certificates of inspections and tests within Consultant's area of
responsibility for the purpose of detenn ining that the results certified indicate
compliance with the Contract Documents and will not constiEvte an independent
evaluation that the content or procedures of such inspections, tests, or approvals
comply with the requirements of tilt Contract Documents. The Consultant Will be
entitled to rely on the results of such tests and facts being certified_ The scope of
services assumes the punips and motors will go through a norrwitnessed factory
test_ Attending testing will be considered addtional services.
11 _ Disagreements between Client and Contractor
a_ As necessary, the Consultant wil I, Wth reasonable promptness, render initial
written decision on all claims of the Client and Contractor relating to the
acceptability of Contractor's work or the interpretation of the requirements of the
Contract Documents pertaining to the progress of the Contractor s work. In
rendering such decisions, the Consultant W II be fair and not show partiality to the
Client or Contractor and will not be liable in connection with any decision
rendered in good faith in such capacity. The initial decision of the Consultant
shall be required as a condition precedent to mediation or litigation of any claim
arising prior to the date final payment is due to the Contractor, unless thirty (30)
days have passed after a claim has been referred to the Consultant with no
decision having been rendered.
12_ Final Walkthrough and Punchlist Preparation
a_ Attend final walkthrough Wth Contractor and the Client to determine if the
completed work of Contractor is general ly in accordance with the Contract
Documents.
i_ Limitation of Responsibilities: The Consultant will not be responsible
for ffw acts -or omissions of any Contractor, or of any of their
subcontractors, suppliers, or of any other individual entity performing or
furnishing the work_ The Consultant will not have the authority or
responsibility to stop the work of any Contractor.
b_ Compile punch list from information gathered during final walkthrough With the
Client and Contractor.
13. Record Drawings —Prepare project "Record Drawings" based on information provided by
the Contactor andlor Client as to the actual field placement of the worst including any
changes or deletions. Consultant is not responsible for the accuracy of the i nfomiation
r¢r 1 '_0A
provided by the Cordractor andfor the Client. Consultant will provide €the fallowing
deliverables:
a. One (1 ) set of reproducible {22" x 34"} Record Drawings.
b.Two (2) full size Record Drawings
c_Three (3) half size Record Dm Mngs
d.One { 1 ) set of .pdf file Record Drawings
14. Compile operation and maintenance information into one consolidated electronic O&M
manual in accordance with the Texas Administrative Code Requirements_ The manual
will include:
a.Administrative and record keeping information
aj Contact information
bj Existing discharge permit
c) Final Engineering Report
dj Construction Drawings and Specifications
ej Construction Approvals
0 Daily Monitoring Report examples
gj Daily acti4ityreports
b. Facility process i nformation
aj Fxpected flow patterns and sizes of treatment units
bj Start-up procedures for equipment
c) Waste and return solids rates
dj Routine maintenance descriptions
15. Start-up Assistance: Time Consultant will attend manufacturer's startuup and training far
major equipment components and will assist the Client with questions d uring an initial six -
week staft-up of the facility. The Consultant will be available for an additional eight weeks
beyond the initial start-up completion to conduct site visits and answer additional
questions with regards to making adjustnwnts to operating protocols or process control
changes_
16. Deliverables
Shop Drawing Reviews — as described above
contractors Estimates — as described above
Record Drawings — as described above
Additional Services
Additional services to be performed I authorized by the Client; NA which are not included in the above -
described Scope of Services, are as follows-
. Environmental assessment of the property
Coordination with additional stakeholders during the design or cortstruction phases of lfine project
OffsRe Roadway Improvements
• Start-up assistance beyond the services identified in the scope
• Redesign to reflect project scope changes requested by the Cheryl, required to address changed
conditions or change in direction previously approved by the Client, mandated by changing
govemnmental laws, or necessitated by the Client's acceptance of substitutions proposed by the
cor&acfar.
• Additional Construction Site Visits
Additional Construction Shop Drawing and Sample Review and Conmenl
• Design of any offsite collection system improvements beyond the improvements identified in the
scope
rEv i,'3021
• Preparation for and attendance at public meetings
• Furnish additional copies of review documents and+or bid documents in excess of the number of
the same identified above.
• Services related to disputes aver bid protests, laid rejection, and rebidding of the contract for
construction.
• Appearing before regulatory agencies or courts as an expert: witness in any litigation with third
parties or condemnation proceedings arising from the development or construction of the Project,
including the preparation of engineefing data and reports for assistance to the Client.
• Accompanying the Client when meeting with the TCEO, U.5_ Environmental Protection Agency,
or other regulatory agencies during the course of the Project, beyond those meetings identified
above. The CONSULTANT will assist the Client on an as -needed basis in preparing compliance
schedules, progress reports, and providing general technical support for the Client's compliance
efforts.
• Assisting Client or Contractor in the defense or prosecution of litigation in corutection with or in
addition to those services contemplated by this Agreenent. Such services, if any, will be
furnished by CONSULTANT on a fee basis negotiated by the respective parties outside of and in
addition to this Agreement_
• Providing professional servioes associated with the discovefy of any hazardous waste or
materials in the project site_
• Performance of materials or specialty testing services_
• Services necessary due to default of the Contractor.
• Services related to damages caused by fire, flood, earthquake or other acts of God.
• Services related to warranty claims, enforcement and inspection after final completion_
• Services related to Survey Construction Staking.
• Performance of miscellaneous and supplemental services related to the project as requested by
Me Client_
■ Any additional changes to the Contract Documents necessary to break the project into phases
S'NPPP inspections 1 coordination
• Any services not listed in the Scope of Services
Terms of compensation;
Hurricane Cre6 Regional Water Reclamation Facility
Task 1—
Preliminary Design
S
2,249,000
(Lump Sum)
Site Visit Expenses
S
10,000
(Reimbursable)
Task 2—
Final Design
S
5,898,0tj0
(Lump Sum)
Task 3 —
Bidding
S
25,000
(Lump Sum)
Task 4 —Construction
Phase Services
S
2,640,000
(Reimbursable)
Resident Project Representation
$
560,OOD
(Reimbursable
Subtotal
S
11,382,000
{Estimated)
Lump sum fees will be invoiced monthly based upon the overall percentage of services perf bane-d. Hourly
tasks will be performed on a labor fee plus expense basis. Labor fee will be billed on an hourly basis
according to our then -current rates_
Direct reimbursable expenses such as express delivery services, fees, air travel, and other direct
m iruo-ar
expenses will be billed at 1.15 times cost. A percentage of labor flee will be added to each invoice to cover
certain other expenses such as telecommunications, in-house reproduction, posMe, supplies, project
related eomputef time, and local mileage_ Administrative time related do the project will be billed hourly_ AI I
perm[tti ng, application, and similar project fees will be paid directly by the Client. Payment YAII be due
within 25 days of your receipt of the invoice. Due to the everchanging circumstances surrounding the
COVID-19 Virus, situations may arise during the performance of this agreement that affect availabil ify of
resources and staff of Kimley-Ham, the client, other consultants; and public agencies. There could be
changes in anticipated delivery times, jurisdictional approvals, and project casts. K Kiley -Horn Ml
exercise reasonable efforts to overcame the challenges presented by cufrent circumstances. taut tCmley-
Horn will not be liable to Client for any delays, expenses. lasses, or damages of any kind arising out of
the impact ofthe COVID-19 Virus -
ACCEPTED:
CITY OF ANNA KIMLEY-HORM AND ASSOCIATES, INC.
BY: BY:
TILE: TITLE:
DATE:
P.E. No
DATE:
THE CITY OF
Anna
City Council Agenda
Staff Report
Meeting Date: 2/22/2022
Staff Contact: Joey Grisham
AGENDA ITEM:
Conduct a first reading of a Resolution approving an Agreement with Zablink Hospitality,
LLC for a hotel project. (Director of Economic Development Joey Grisham)
SUMMARY:
Two readings of the Resolution are required for this item. The presiding officer should
read the following:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS
APPROVING A PROJECT OF THE ANNA COMMUNITY DEVELOPMENT
CORPORATION INCLUDING THE GRANTING OF FUNDS NOT TO EXCEED
$208,990.06 TO ZABLINK HOSPITALITY, LLC AS AUTHORIZED BY SECTION
505.158 OF THE TEXAS LOCAL GOVERNMENT CODE WITH TWO SEPARATE
READINGS
FINANCIAL IMPACT:
N/A
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing:
Goal 1: Growing Anna Economy
STAFF RECOMMENDATION:
First reading.
ATTACHMENTS:
1. Zablink Resolution C03029D20220215CR1 redline
APPROVALS:
Joey Grisham, Economic Development Director Created/Initiated - 2/17/2022
Jim Proce, City Manager Final Approval - 2/17/2022
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS
APPROVING A PROJECT OF THE ANNA COMMUNITY DEVELOPMENT
CORPORATION INCLUDING THE GRANTING OF FUNDS NOT TO EXCEED
$208,990.06 TO ZABLINK HOSPITALITY, LLC AS AUTHORIZED BY SECTION
505.158 OF THE TEXAS LOCAL GOVERNMENT CODE WITH TWO SEPARATE
READINGS
WHEREAS, the Anna Community Development Corporation (the "CDC") held a
Public Hearing on February 10, 2022 and approved an Agreement expending
funds to incentivize a hotel project with Zablink Hospitality LLC (the "Project");
WHEREAS, the City of Anna, Texas (the "City") finds that the Project will promote new
or expanded business development in and near the City of Anna, Texas;
WHEREAS, the City desires to enter into that certain Incentive Agreement for New
Economic Development Agreement attached hereto as Exhibit A (the "Agreement");
NOW THEREFORE, BE IT RESOLVED BY THE ANNA COMMUNITY
DEVELOPMENT CORPORATION, THAT:
Section 1. Findings
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. Approval of Project and Funding
The City Council of the City of Anna, Texas hereby approves the project and the funding
that is the subject matter of the Agreement.
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this the
22nd day of February 2022.
APPROVED:
Nate Pike, Mayor
ATTEST:
Carrie Land, City Secretary
THE CITY OF
Anna
�IIIaM1 01.VAN
City Council Agenda
Staff Report
Meeting Date: 2/22/2022
Staff Contact: Joey Grisham
AGENDA ITEM:
Conduct a second reading of a Resolution approving an Agreement with Zablink
Hospitality, LLC for a hotel project. (Director of Economic Development Joey Grisham)
SUMMARY:
Two readings of the Resolution are required for this item. The presiding officer should
read the following:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS
APPROVING A PROJECT OF THE ANNA COMMUNITY DEVELOPMENT
CORPORATION INCLUDING THE GRANTING OF FUNDS NOT TO EXCEED
$208,990.06 TO ZABLINK HOSPITALITY, LLC AS AUTHORIZED BY SECTION
505.158 OF THE TEXAS LOCAL GOVERNMENT CODE WITH TWO SEPARATE
READINGS
FINANCIAL IMPACT:
N/A
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing:
Goal 1: Growing Anna Economy
STAFF RECOMMENDATION:
Second reading.
ATTACHMENTS:
fillll� W-l7fIi154:Mel11%1 7iLKly-1[o e]byze)WOYA1110y iR--x9IIIi -
APPROVALS:
Joey Grisham, Economic Development Director Created/Initiated - 2/17/2022
Jim Proce, City Manager Final Approval - 2/17/2022
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS
APPROVING A PROJECT OF THE ANNA COMMUNITY DEVELOPMENT
CORPORATION INCLUDING THE GRANTING OF FUNDS NOT TO EXCEED
$208,990.06 TO ZABLINK HOSPITALITY, LLC AS AUTHORIZED BY SECTION
505.158 OF THE TEXAS LOCAL GOVERNMENT CODE WITH TWO SEPARATE
READINGS
WHEREAS, the Anna Community Development Corporation (the "CDC") held a
Public Hearing on February 10, 2022 and approved an Agreement expending
funds to incentivize a hotel project with Zablink Hospitality LLC (the "Project");
WHEREAS, the City of Anna, Texas (the "City") finds that the Project will promote new
or expanded business development in and near the City of Anna, Texas;
WHEREAS, the City desires to enter into that certain Incentive Agreement for New
Economic Development Agreement attached hereto as Exhibit A (the "Agreement");
NOW THEREFORE, BE IT RESOLVED BY THE ANNA COMMUNITY
DEVELOPMENT CORPORATION, THAT:
Section 1. Findings
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. Approval of Project and Funding
The City Council of the City of Anna, Texas hereby approves the project and the funding
that is the subject matter of the Agreement.
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this the
22nd day of February 2022.
APPROVED:
Nate Pike, Mayor
ATTEST:
Carrie Land, City Secretary
THE CITY OF
manna
AGENDA ITEM:
Item No. 7.g.
City Council Agenda
Staff Report
Meeting Date: 2/22/2022
Staff Contact: Joey Grisham
Consider/Discuss/Action on a Resolution approving a hotel project and authorizing the
Anna Community Development Corporation to fund an Economic Development
Agreement with Zablink Hospitality, LLC not to exceed $208,990.06. (Director of
Economic Development Joey Grisham)
SUMMARY:
As the Council is aware, Zablink Hospitality, LLC was given zoning approval in late
2018 to construct a 93-room Holiday Inn Express on a 2-acre site behind Wal-Mart.
Because of COVID 19, the project was put on hold because the lender rescinded the
loan agreement. Since that time, Zablink has secured financing and inquired about a
waiver or rebate of impact fees as costs like construction, labor and materials have
risen extensively. Since this is the city's first hotel project and the city will receive both
property taxes and hotel occupancy taxes from the project, staff recommends moving
forward with rebating $208,990.06 from CDC funds. Zablink has 150 days to commence
construction on the project and 548 days to receive a Certificate of Occupancy (CO) to
receive the grant. Zablink is also required to pay all city fees up front to move forward
with the project. The CDC Board held a Public Hearing on February 10, 2022 and
unanimously approved the item.
FINANCIAL IMPACT:
$208,990.06 from CDC funds should Zablink Hospitality, LLC meet the requirements of
the Agreement.
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing:
Goal 1: Growing Anna Economy
STAFF RECOMMENDATION:
Approve the Resolution.
ATTACHMENTS:
1. Zablink Resolution C03029D20220215CR1 redline
2. Exhibit A
CDC Zablink Hotel Resolution
APPROVALS:
Joey Grisham, Economic Development Director Created/Initiated - 2/17/2022
Jim Proce, City Manager Final Approval - 2/17/2022
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS
APPROVING A PROJECT OF THE ANNA COMMUNITY DEVELOPMENT
CORPORATION INCLUDING THE GRANTING OF FUNDS NOT TO EXCEED
$208,990.06 TO ZABLINK HOSPITALITY, LLC AS AUTHORIZED BY SECTION
505.158 OF THE TEXAS LOCAL GOVERNMENT CODE WITH TWO SEPARATE
READINGS
WHEREAS, the Anna Community Development Corporation (the "CDC") held a
Public Hearing on February 10, 2022 and approved an Agreement expending
funds to incentivize a hotel project with Zablink Hospitality LLC (the "Project");
WHEREAS, the City of Anna, Texas (the "City") finds that the Project will promote new
or expanded business development in and near the City of Anna, Texas;
WHEREAS, the City desires to enter into that certain Incentive Agreement for New
Economic Development Agreement attached hereto as Exhibit A (the "Agreement");
NOW THEREFORE, BE IT RESOLVED BY THE ANNA COMMUNITY
DEVELOPMENT CORPORATION, THAT:
Section 1. Findings
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. Approval of Project and Funding
The City Council of the City of Anna, Texas hereby approves the project and the funding
that is the subject matter of the Agreement.
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this the
22nd day of February 2022.
APPROVED:
Nate Pike, Mayor
ATTEST:
Carrie Land, City Secretary
INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT
THIS INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT (this
"Agreement") is entered into by and between the Anna Community Development
Corporation (the "CDC") and Zablink Hospitality LLC, a Texas limited liability company
("Developer").
WHEREAS, Developer owns real property consisting of approximately 2.002 acres and
described and depicted in further detail in the attached Exhibit A (the "Property"); and
WHEREAS, the Property is currently undeveloped and the Developer plans to develop
the Property and use the Property solely as the site for a Holiday Inn Express Hotel that
shall contain a minimum of 93 hotel rooms; (the "Hotel"); and
WHEREAS, a proposed site plan of the Property is attached hereto as Exhibit B, which
sets forth the layout of parking lots, traffic areas, fire lanes, buildings, and other
development aspects planned for development of the Property; and
WHEREAS, the City of Anna, Texas (the "City") currently lacks an establishment similar
to the Hotel Project to serve hospitality and lodging needs of the City and nearby areas
and the CDC's Board of Directors has found that the Hotel Project will promote new or
expanded business development; and
WHEREAS, it is projected that the location and operation of the Hotel in the City will
directly create a minimum of 10 jobs; and
WHEREAS, the CDC recognizes the positive economic impact that Hotel will bring to
the City through development and diversification of the economy, reduction of
unemployment and underemployment through the production of new jobs, the attraction
of new businesses, and the additional tax revenue; and
WHEREAS, as an incentive to develop the Hotel, the Developer has requested a
reimbursement of a certain portion of development fees that Developer shall pay to the
City (the "Incentive Grant") and the CDC is willing to pay the Incentive Grant under and
subject to the terms and conditions of this Agreement.; and
WHEREAS, the CDC is authorized to grant the Incentive Grant under Chapter 505 of the
Texas Local Gov't Code;
NOW, THEREFORE, in consideration of the covenants, promises, and conditions
stated in this Agreement, the CDC and Developer agree as follows:
INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT Page 1
Section 1. Effective Date.
The Effective Date of this Agreement shall be the date that the last of the following
events have occurred: (1) the CDC Board of Directors has approved and adopted this
Agreement and the CDC's President has executed same; (2) Developer has duly executed
this Agreement and delivered same to the CDC; and the City of Anna, Texas City Council
has approved the Hotel Project by resolution after two separate readings.
Section 2. Term and Termination.
2.01 The term of this Agreement shall commence on the Effective Date and it
shall continue in effect until such time as the parties have fulfilled their obligations
hereunder, unless terminated earlier under the provisions of this Agreement.
2.02 The CDC may, at its sole discretion, terminate this Agreement if Developer
defaults by: (1) failing to timely commence construction of the Hotel Project in
accordance with Section 4.01; (2) by failing to timely obtain a Certificate of Occupancy
in accordance with Section 4.01; (3) by failing to timely pay the Impact Fees and Permit
Fees in accordance with Section 4.01; or (4) otherwise breaching its obligations or
warranties under this Agreement. If this Agreement is terminated by the CDC under this
paragraph, then the CDC shall have no obligation to pay the Incentive Grant to Developer.
The CDC may cause this Agreement to terminate by following the notice and cure
provisions set forth in Section 8.08 and 8.09 of this Agreement.
Section 3. Recitals Incorporated and Definitions.
3.01 The recitals in the preamble to this Agreement are hereby incorporated for
all purposes.
3.02 The following words or phrases shall have the following meanings:
"Certificate of Occupancy" means a document entitled "Certificate of
Occupancy" (or other similar title) issued by City upon substantial completion of the Hotel
Project in accordance with applicable City Regulations that permits the Hotel Project to
open to the public and operate. A Certificate of Occupancy shall not include a certificate
issued in error, mistake or misrepresentation of facts, but shall include any temporary
certificate of occupancy or other document authorizing temporary or conditional
occupancy.
"City Code" means the Anna City Code of Ordinances.
"City Council" means the governing body of the City of Anna, Texas.
"City Regulations" mean City Code provisions, ordinances, design standards,
INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT Page 2
uniform codes, and other policies duly adopted by the City.
"Commence Construction" means to obtain a building permit from the City and
commence the work of constructing any part of the vertical structure composing any part
of the Hotel Project.
"Development" means the Development including the construction of Public
Improvements necessary to serve the Property, the features shown on the site plan attached
herein as Exhibit B, and the construction of the Hotel Project.
"Effective Date" means the date described in Section 1 of this Agreement.
"Incentive Grant" means the dollar amount of $208,990.06.
"Parties" mean the CDC and Developer.
"Public Improvements" mean those certain utility, roadway, drainage and other
improvements that Developer is required to construct/install and dedicate to the City.
Section 4. Developer Obligations. The obligations —including without limitation the
requirements to meet all deadlines —set forth in this Section 4 are conditions for the
Developer to receive the Incentive Grant.
4.01. Construction, Location, and Operation of the Hotel Project; Impact Fees
and Permit Fees. The Hotel Project shall be located and constructed within the Property
consistent with the site plan attached hereto as Exhibit B. The Deadline for Developer to
Commence Construction of the Hotel Project is 150 days after the Effective Date. The
Deadline for Developer to obtain a Certificate of Occupancy for the Hotel Project is 548
days after the Effective Date. In addition, Developer must timely pay the City under
applicable City Regulations at least $253,023.96 in development fees consisting of the
following:
• $148,624.06
Roadway Impact Fees
• $30,259.00
Water Impact Fees
• $25,640.00
Wastewater Fees
• $4,467.00
Irrigation fees
• $42,073.90
Building Permit fees
• $1,960.00
Meter fees
4.02. Public Improvements Generally. Developer shall provide or cause to be
provided all Public Improvements, and any required or necessary public improvement not
identified in this Agreement that are required by City Regulations in connection with
Development, such as streets, utilities, drainage, sidewalks, trails, street lighting, street
signage, and all other required improvements, at no cost to the City and in accordance
INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT Page 3
with City Regulations, and as approved by the City's engineer or his or her agent.
Developer shall cause the timely installation of such improvements in accordance with
the City Regulations unless otherwise approved herein. Developer shall provide
engineering studies, plan/profile sheets, and other construction documents at the time of
platting as required by City Regulations. Such plans must be approved by the City's
engineer or his or her agent prior to approval of a final plat of any portion of the
Development. Construction of such improvements shall not be commenced until a
preconstruction conference has been held regarding the proposed construction and City
has issued a written notice to proceed.
4.03. Approval of Plats/Plans. Approval by the City, the City's Engineer or other
City employee or representative, of any plans, designs or specifications submitted by
Developer pursuant to this Agreement or pursuant to City Regulations shall not constitute
or be deemed to be a release of the responsibility and liability of Developer, its engineer,
employees, officers or agents for the accuracy and competency of their design and
specifications. Further, any such approvals shall not be deemed to be an assumption of
such responsibility and liability by the City for any defect in the design and specifications
prepared by Designer's engineer, his officers, agents, servants or employees.
4.04. Insurance.
(a) Developer shall or shall cause the construction contractor(s) that will
perform the construction work related to the Public Improvements to acquire and
maintain, during the period of time when any of the Public Improvements are under
construction (and until the full and final completion of the Public Improvements and
acceptance thereof by the City: (a) workers compensation insurance in the amount
required by law; and (b) commercial general liability insurance including personal injury
liability, premises operations liability, and contractual liability, covering, but not limited
to, the liability assumed under any indemnification provisions of this Agreement, with
limits of liability for bodily injury, death and property damage of not less than
$1,000,000.00. Such insurance shall also cover any and all claims which might arise out
of the Public Improvements construction contracts, whether by Developer, a contractor,
subcontractor, materialman, or otherwise.
(b) Coverage must be on a "per occurrence" basis. All such insurance shall:
(i) be issued by a carrier which is rated "A- I" or better by A.M. Best's Key Rating Guide
and licensed to do business in the State of Texas; and (ii) name the City as an additional
insured and contain a waiver of subrogation endorsement in favor of the City. Upon the
execution of Public Improvement construction contracts, Developer shall provide to the
City certificates of insurance evidencing such insurance coverage together with the
declaration of such policies, along with the endorsement naming the City as an additional
insured. Each such policy shall provide that, at least 30 days prior to the cancellation, non -
renewal or modification of same, the City shall receive written notice of such cancellation,
non -renewal or modification.
INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT Page 4
4.05. Developer Pays All Fees and Costs. Developer shall timely pay, or cause
third parties to timely pay, its engineering, planning, accounting, architectural, legal fees
and expenses, survey, testing, laboratory costs, license fees, development fees, land
clearing and grading costs, advertising and other bidding costs, amounts due under
construction contracts, costs of labor and material, inspection fees, impact fees, insurance
premiums, interest, carry cost, financing fees and all other fees, costs and expenses
incurred in connection with the construction of the Public Improvements.
4.06. City Regulations. Developer acknowledges that Development must
comply with all applicable City Regulations. Except to the extent this Agreement provides
for stricter or more restrictive requirements than those in applicable City Regulations, the
applicable City Regulations shall control.
Section 5. Incentive Grant.
Provided that the CDC has not terminated or initiated termination of this
Agreement under Section 2.02, the CDC hereby approves the payment of the Incentive
Grant to the Developer, which shall be paid to Developer within 30 days after Developer
timely obtains a Certificate of Occupancy for the Hotel Project.
Section 6. Buy Local Provision.
6.01. Developer agrees to use its commercially reasonable efforts to give
preference and priority to local manufacturers, suppliers, contractors, and labor, except
where not reasonably possible to do so without added expense, substantial inconvenience,
or sacrifice in operating efficiency in the normal course of business.
6.02. For the purposes of this section, the term "local" as used to describe
manufacturers, suppliers, contractors, and labor includes firms, businesses, and persons
who reside in or maintain an office within a 50-mile radius of Collin County.
Section 7. Warranties. The accuracy of the warranties set forth in this Section 7 are
additional conditions for Developer to receive the Incentive Grant. Developer shall
notify the CDC if and when any of the following warranties are no longer accurate. The
failure to so notify the CDC is a material breach of this Agreement. Developer warrants
and represents to the CDC the following:
7.01. Developer is a Texas limited liability company duly organized, validly
existing, and in good standing under the laws of the State of Texas. Developer has all
corporate power and authority to carry on its business as presently conducted in the State
of Texas.
7.02. Developer has the authority to enter into and perform, and will perform,
INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT Page 5
the terms of this Agreement to the best of its ability.
7.03. Developer has timely filed and will timely file all local, State, and Federal
tax reports and returns required by law to be filed and all taxes, assessments, fees, and
other governmental charges related to the Development, including applicable ad valorem
taxes, have been timely paid, and will be timely paid, during the term of this Agreement.
7.04. Any entity(ies)/individual(s) executing this Agreement on behalf of
Developer are duly authorized to execute this Agreement on behalf of Developer.
7.05. In accordance with Chapter 2264 of the Texas Government Code,
Developer certifies that neither it, nor a branch, division, or department of Developer, will
ever knowingly employ an undocumented worker and that if, after receiving any public
subsidies under this Agreement, Developer, or a branch, division, or department of
Developer, is convicted of a violation under 8 U.S.C. § 1324a(f), as amended or recodified,
Developer shall repay the total amount of all public subsidies and/or incentives theretofore
received under this Agreement with interest at two percent (2%) per annum not later than
the 120th day after the date the CDC notifies Developer in writing of the violation. The
Developer does not boycott Israel and will not boycott Israel during the term of this
Agreement.
7.06. No litigation or governmental proceeding is pending or, to the knowledge
of Developer and its general partner and officers, is threatened against or affecting
Developer, or the Development or the Property, that may result in any material adverse
change in Developer's business, properties or operation.
7.07. Developer shall not be in breach of any other contract by entering into and
performing this Agreement. Developer shall amend or enter into any other contract that
may be necessary for Developer to fully and timely perform its obligations under this
Agreement.
Section 8. Miscellaneous.
8.01. Compliance with Laws. Developer shall observe and obey all applicable
laws, ordinances, regulations, and rules of the Federal, State, county, and city
governments related to the Development.
8.02. Non -Discrimination. Developer covenants and agrees that Developer will
not discriminate nor permit discrimination against any person or group of persons, with
regard to employment and the provision of services for the Development on the grounds
of race, religion, national origin, marital status, sex, age, disability, or in any manner
prohibited by the laws of the United States or the State of Texas.
8.03. Time Periods. Time is of the essence in the performance of this Agreement.
INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT Page 6
8.04. Force Majeure. Each Party shall use good faith, due diligence and
reasonable care in the performance of its respective obligations under this Agreement, and
time shall be of the essence in such performance; however, in the event a Party is unable,
due to force majeure, to perform its obligations under this Agreement, then the obligations
affected by the force majeure shall be temporarily suspended equal to the time period the
Party was delayed, except that the obligation of any Party to make any payments required
pursuant to this Agreement shall not be suspended by force majeure. The term "force
majeure" shall include any delay due to any of the following acts or events: (a) wars,
terrorism, civil disturbances, riots, insurrections, civil unrest, vandalism and sabotage; (b)
transportation disasters, whether by sea, rail, air or land; (c) strikes, lockouts, work
stoppage or slowdown or other labor disputes or material shortages; (d) adverse weather
conditions, including rain of unusual duration or volume, hurricanes, lightning, tornadoes,
earthquakes, floods or acts of God; (e) epidemics or pandemics or any governmental
orders, actions, shut -downs, mandates, restrictions or quarantines, or any quasi -
governmental orders, actions, shut -downs, mandates, restrictions or quarantines resulting
from any epidemics or pandemics, and any public health emergencies, whether declared
by local, state or federal governmental authorities or agencies; (f) labor shortages or
moratoriums; (g) fire or other material casualty; (h) mechanical failure of equipment; (i)
utility delays or interruptions; 0) any emergency event that threatens imminent harm to
property or injury to persons; (k) any other causes of any kind whatsoever, whether similar
to those enumerated or not, which are beyond the control of such Party in the performance
of its obligations hereunder; provided, however, in all cases, only to the extent that the
Party claiming force majeure (1) did not cause such force majeure condition, and (2)
throughout the pendency of such force majeure condition, utilizes commercially
reasonable efforts to minimize the impact and delays caused by such force majeure
condition. If a Parry is delayed due to force majeure, then such Party shall provide written
notice of the delay and applicable extension of time periods to the other Party. In addition,
a Party that has claimed the right to temporarily suspend its performance under this section
shall provide written reports to the other Party at least once every week detailing: (i) the
extent to which the force majeure event or circumstance continue to prevent the Party's
performance; (ii) all of the measures being employed to regain the ability to perform; and
(iii) the projected date upon which the Party will be able to resume performance, which
projected date the Parties agree and acknowledge is only an estimate and not a binding
commitment by the Party claiming force majeure.
8.05. Assignment. Except as provided below, Developer may not assign all or
part of its rights and obligations under this Agreement to a third party without prior written
approval of CDC, which approval will not be unreasonably withheld or delayed. The CDC
agrees, however, that Developer may assign all or part of its rights and obligations under
this Agreement to any entity affiliated with Developer by reason of controlling, being
controlled by, or being under common control with Developer or to a third -party lender
advancing funds for the construction or operation of Public Improvements. The CDC
expressly consents to any assignment described in the preceding sentence and agrees that
INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT Page 7
no further consent of the CDC to such an assignment will be required. Developer agrees
to provide the CDC with written notice of any such assignment. The foregoing
notwithstanding, any assignment of Developer's rights under this Agreement shall not
release Developer from its obligations hereunder.
8.06. INDEMNITY. DEVELOPER COVENANTS TO FULLY INDEMNIFY,
DEFEND, SAVE, AND HOLD HARMLESS THE CITY, THE CDC AND THEIR
RESPECTIVE OFFICIALS, OFFICERS, BOARD MEMBERS, EMPLOYEES,
REPRESENTATIVES, AND AGENTS FROM AND AGAINST ANY AND ALL
CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL
INJURY, INCLUDING WITHOUT LIMITATION DEATH, TO ANY AND ALL
PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR
ASSERTED (INCLUDING, WITHOUT LIMITATION, REASONABLE FEES AND
ASSOCIATED EXPENSES OF ATTORNEYS, EXPERT WITNESSES AND OTHER
CONSULTANTS) ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR
INDIRECTLY, THE NEGLIGENT OR OTHERWISE WRONGFUL ACTS OR
OMISSIONS OF DEVELOPER, ITS AGENTS, SERVANTS, CONTRACTORS,
SUBCONTRACTORS, MATERIAL MEN OR EMPLOYEES THAT RELATE IN ANY
MANNER TO DEVELOPER'S PERFORMANCE OF THIS AGREEMENT OR TO
THE DESIGN, CONSTRUCTION, OR INSTALLATION OF THE PUBLIC
IMPROVEMENTS AND ANY OTHER IMPROVEMENTS OR CONSTRUCTION
RELATED TO THE DEVELOPMENT, INCLUDING WITHOUT LIMITATION
INJURY OR DAMAGE TO PUBLIC PROPERTY. THE INDEMNITY PROVIDED
FOR ABOVE SHALL NOT APPLY TO ANY LIABILITY RESULTING FROM THE
SOLE NEGLIGENCE OR FAULT OF CITY OR THE CDC OR THEIR RESPECTIVE
OFFICIALS, OFFICERS, BOARD MEMBERS, AGENTS, EMPLOYEES OR
SEPARATE CONTRACTORS, AND IN THE EVENT OF JOINT AND
CONCURRING NEGLIGENCE OR FAULT OF CITY AND/OR CDC AND
DEVELOPER, RESPONSIBILITY AND INDEMNITY, IF ANY, SHALL BE
APPORTIONED IN ACCORDANCE WITH THE LAW OF THE STATE OF TEXAS,
WITHOUT WAIVING ANY GOVERNMENTAL IMMUNITY AVAILABLE TO THE
CITY OR CDC UNDER TEXAS LAW AND WITHOUT WAIVING ANY DEFENSES
OF THE PARTIES UNDER TEXAS LAW. DEVELOPER'S OBLIGATIONS UNDER
THIS SECTION 8.06 SHALL SURVIVE THE TERM OF THIS AGREEMENT.
8.07. Events of Default by Developer. In addition to other events of default by
Developer set forth in this Agreement, each of the following events constitute a default of
this Agreement by Developer:
(a) The CDC reasonably and in good faith determines that any representation
or warranty on behalf of Developer contained in this Agreement or in any
financial statement, certificate, report, or opinion submitted to the CDC
or the City in connection with this Agreement was incorrect or misleading
in any material respect when made.
INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT Page 8
(b) Any attachment or other levy against the Development or any portion
thereof with respect to a claim, excluding mechanic's and materialman's
liens, remains unpaid, undischarged, or not dismissed for a period of 120
days.
(c) Developer makes an assignment for the benefit of creditors.
(d) Developer files a voluntary petition in bankruptcy or is adjudicated
insolvent or bankrupt.
(e) If taxes owed to the City by Developer become delinquent, and Developer
fails to timely and properly follow the legal procedures for protest or
contest.
(f) Developer fails to timely, fully and completely comply with any one or
more of the deadlines, material requirements, obligations, duties, terms,
conditions or warranties of this Agreement.
8.08. Notice of Default. Should the CDC determine that Developer is in default
according to the terms of this Agreement, the CDC shall notify Developer in writing of
the event of default, and provide 30 days from the date of the notice ("Cure Period") for
Developer to cure the event of default; provided, however, in the event if such event of
default is not able to be cured within such 30-day period, Developer shall be permitted
additional time to effectuate such cure, provided, that in no event shall the Cure Period
exceed 60 days from the date of notice from the CDC. Should the CDC fail to timely,
fully and completely comply with any one or more of its obligations under this
Agreement, such failure shall be an act of default by the CDC and the CDC shall have
sixty 60 days to cure and remove the Default after receipt of written notice to do so from
Developer.
8.09. Results of Uncured Default by Developer. After exhausting good faith
attempts to address any default during the Cure Period, and taking into account any
extenuating circumstances that might have occurred through no fault of Developer, as
determined by the CDC, the Developer shall pay the CDC its reasonable attorney fees and
costs of court to collect amounts due to enforce or terminate this Agreement. Upon full
payment by Developer of all sums due, the CDC and Developer shall have no further
obligations to one another under this Agreement. Neither the CDC nor Developer may be
held liable for any special or consequential damages.
8.10. No Waiver. No waiver of any covenant or condition, or the breach of any
covenant or condition of this Agreement, constitutes a waiver of any subsequent breach
of the covenant or condition of this Agreement. No waiver of any covenant or condition,
or the breach of any covenant or condition of this Agreement, justifies or authorizes the
INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT Page 9
nonobservance on any other occasion of the covenant or condition or any other covenant
or condition of this Agreement. Any waiver or indulgence of Developer's default may not
be considered an estoppel against the CDC. It is expressly understood that if at any time
Developer is in default in any of its conditions or covenants of this Agreement, the failure
on the part of the CDC to promptly avail itself of the rights and remedies that the CDC
may have, will not be considered a waiver on the part of the CDC, but the CDC may at
any time avail itself of the rights or remedies or elect to terminate this Agreement on
account of the default.
8.11. Limitation of Remedies. Developer specifically agrees that the CDC shall
not be liable to Developer for any actual or consequential damages, direct or indirect,
interest, attorney fees or related expenses, or cost of court for any act of default by the
CDC under the terms of this Agreement.
8.12. Notices. Any notice and/or statement required and permitted to be
delivered under this Agreement shall be deemed delivered by depositing the same in the
United States mail, certified with return receipt requested, proper postage prepaid,
addressed to the appropriate parry at the following addresses, or at such other addresses
provided by the Parties in writing.
DEVELOPER: Zablink Hospitality LLC
Attn: Inayatali Rajani
555 Republic Dr., Suite 500
Plano, Texas 75074
CDC: Anna Community Development Corporation
Attn.: Economic Development Director
I I I N. Powell Pkwy
Anna, Texas 75409-0776
Clark McCoy
Wolfe, Tidwell & McCoy, LLP
2591 Dallas Parkway, Suite 300
Frisco, Texas 75034
Notice is effective upon deposit in the United States mail in the manner provided above.
8.13. Incorporation of Other Documents. The Exhibits referenced in this
Agreement and attached hereto are incorporated herein as if set forth in full for all
purposes. Said Exhibits include the following:
Exhibit A, Legal Description of the Property
Exhibit B, Hotel Project Site Plan
INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT Page 10
8.14. Amendments or Modifications. No amendments or modifications to this
Agreement may be made, nor any provision waived, unless in writing signed by a person
duly authorized to sign Agreements on behalf of each parry.
8.15. Relationship of Parties. In performing this Agreement, both the CDC and
Developer will act in an individual capacity, and not as agents, representatives,
employees, employers, partners, joint -venturers, or associates of one another. The
employees or agents of either parry may not be, nor be construed to be, the employees or
agents of the other parry for any purpose. At no time shall the City or the CDC have any
control over or charge of Developer's design, construction or installation of any of the
infrastructure or public improvements that are the subject of this Agreement, nor the
means, methods, techniques, sequences or procedures utilized for said design,
construction or installation. This Agreement does not create a joint enterprise between the
CDC and Developer.
8.16. Captions. The captions in this Agreement are for convenience only and are
not a part of this Agreement. The captions do not in any way limit or amplify the terms
and provisions of this Agreement.
8.17. Severability. If for any reason, any section, paragraph, subdivision, clause,
provision, phrase or word of this Agreement or the application of this Agreement to any
person or circumstance is, to any extent, held illegal, invalid, or unenforceable under
present or future law or by a final judgment of a court of competent jurisdiction, then the
remainder of this Agreement, or the application of the term or provision to persons or
circumstances other than those as to which it is held illegal, invalid, or unenforceable, will
not be affected by the law or judgment, for it is the definite intent of the Parties to this
Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word
of this Agreement be given full force and effect for its purpose. To the extent that any
clause or provision is held illegal, invalid, or unenforceable under present or future law
effective during the term of this Agreement, then the remainder of this Agreement is not
affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision,
a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or
provision as may be possible and be legal, valid, and enforceable, will be added to this
Agreement automatically.
8.18. Venue. Venue for any legal action related to this Agreement is in Collin
County, Texas.
8.19. Interpretation. The Parties have been represented by counsel of their
choosing in the negotiation and preparation of this Agreement. This Agreement was
drafted equally by the Parties hereto. The language of all parts of this Agreement shall be
construed as a whole according to its fair meaning, and any presumption or principle that
the language herein is to be construed against any Party shall not apply.
INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT Page 11
8.20. Sole Agreement. This Agreement constitutes the sole agreement between
the CDC and Developer as relates to the Development. Any other prior agreements,
promises, negotiations, or representations related to the Development, verbal or
otherwise, not expressly stated in this Agreement, are of no force and effect.
8.21. Third Party Beneficiaries. This Agreement is not intended to confer any
rights, privileges or causes of action upon any third party.
8.22. Binding Agreement. This Agreement shall be binding on and inure to the
benefit of the Parties to it and their respective heirs, executors, administrators, legal
representatives, successors, and permitted assigns.
8.23. Counterparts. This Agreement may be executed in one or more
counterparts, each of which shall be deemed an original and the binding agreement of
each Party to the terms herein, but all of which together will constitute one and the same
instrument.
8.24. Recording. The Parties agree that neither this Agreement, nor any
memorandum or short form of this Agreement, shall be recorded.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.]
INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT Page 12
EXECUTED BY THE PARTIES:
ZABLINK HOSPITALITY LLC a Texas limited liability company
M.
Saad Aziz, its Member
State of Texas
County of
Before me, on this day personally appeared Saad Aziz, known to me to be the person
whose name is subscribed to the foregoing instrument and acknowledged to me that he
executed the same in his capacity as Member of Zablink Hospitality LLC for the
purposes and consideration therein expressed.
Given under my hand and seal of office this day of 2022.
Notary — State of Texas
ANNA COMMUNITY DEVELOPMENT CORPORATION
Anthony Richardson, its President
State of Texas
County of Collin
Before me, on this day personally appeared Anthony Richardson, known to me to be the
person whose name is subscribed to the foregoing instrument and acknowledged to me
that he executed the same in his capacity as President of Anna Community Development
Corporation for the purposes and consideration therein expressed.
Given under my hand and seal of office this day of
Notary — State of Texas
2022.
INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT Page 13
Fyhihit A
Legal Description of the Property
ANNA TOWN CENTER HOTEL - LOT 3
F.T. DAFFAU SURVEY 2.002 ACRES, A-288
THOMAS RATTAN SURVEY, A-782,
CITY OF ANNA, COLLIN COUNTY, TEXAS
Exhibit B- Hotel Site Plan
ANNA COMMUNITY DEVELOPMENT CORPORATION
RESOLUTION NO.��i`CVIC
A RESOLUTION OF THE ANNA COMMUNITY DEVELOPMENT CORPORATION
APPROVING AND AUTHORIZING AN INCENTIVE AGREEMENT WITH ZABLINK
HOSPITALITY LLC FOR HOTEL PROJECT
WHEREAS, the
Anna Community
Development
Corporation (the "CDC") wishes to
expend funds to
incentivize a hotel
project
(the "Project");
WHEREAS, the CDC Board of Directors
(the "Board")
finds that
the Project will promote
new or expanded business development
in and near
the City of
Anna, Texas;
WHEREAS, the CDC Board of Directors desires to enter into that certain Incentive
Agreement for New Economic Development Agreement attached hereto as Exhibit A
the "Agreement");
NOW THEREFORE, BE IT RESOLVED BY THE ANNA COMMUNITY
DEVELOPMENT CORPORATION, THAT:
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. Approval of Funding
The CDC hereby authorizes the Board President to execute the Agreement subject to
approval as to legal form by the CDC's legal counsel and to charge the CDC contract
services line item in an amount not to exceed $208,990.06 in the Fiscal Year 2021-2022
for community and economic development purposes.
PASSED AND APPROVED by the Anna Community Development Corporation this 1Nh
day of February 2022.
Anthony Richardson, CDC President
ATTEST:
Feb 15, 2022
Rocio Gonzalez, CDC Secretary
THE CITY OF
Anna
AGENDA ITEM:
Closed Session (Exceptions).
SUMMARY:
FINANCIAL IMPACT:
11r4"00rw:3
City Council Agenda
Staff Report
Meeting Date: 2/22/2022
Staff Contact:
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing:
STAFF RECOMMENDATION:
ATTACHMENTS:
APPROVALS:
Carrie Land, City Secretary Created/Initiated - 2/17/2022
Jim Proce, City Manager Final Approval - 2/17/2022