Loading...
HomeMy WebLinkAbout2022-06-28 Regular Meeting PacketAGENDA City Council Meeting THE CITY OF Anna Tuesday, June 28, 2022 @ 6:30 PM Anna ISD Board Room 201 E. 7th Street Anna, Texas 75409 The City Council of the City of Anna will meet at 6:30 PM on June 28, 2022, at the Anna ISD Board Room located at 201 E. 7th Street, 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. 1. 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 (3) 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. Recognition of April, May, and June We Notice! Property of the Month Designees. (Neighborhood Services Coordinator Olivia Demings) b. Recognition of Texas Association of Municipal Information Officers (TAMIO) Awards. (Communications Manager Frances LaRue) C. Recognition of Texas City Management Association Assistant of the Year Award in Memory of Valerie Bradley. (City Manager Jim Proce) d. EMS Provider License and Ambulance Operations Update (Fire Chief Ray Isom) 5. Work Session. a. Zoning Discussion - Hagar Ranch (Director of Development Services Ross Altobelli) b. Discussion - Future expansion of Anacapri and status of current development (Director of Development Services Ross Altobelli) 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 for June 4, 2022, and June 14, 2022. (City Secretary Carrie Land) b. Review Minutes of the May 5, 2022, Joint Community Development Corporation Board and Economic Development Corporation Board Meetings. (Director of Economic Development Joey Grisham). C. Approve a Resolution to authorize the City Manager to execute a construction agreement with Bill's Fence Company, Inc. in the amount of $113,857 for the installation of a black vinyl -coated chain link fence around the perimeter of Bryant Park. (Park Planning and Development Manager Dalan Walker) d. Approve a Resolution authorizing the City Manager to execute a Construction Agreement with Musco Sports Lighting, LLC, under Buy Board Contract 592-19, for the installation of athletic field lights for two baseball fields at Johnson Park. (Park Planning and Development Manager Dalan Walker) e. Approve an Ordinance amending the FY2021 - 2022 Budget to appropriate funding for Medic 3 Ambulance. (City Manager Jim Proce) f. Monthly Financial Report for the Month Ending May 31, 2022. (City Manager Jim Proce) 7. Items For Individual Consideration. a. Consider/Discuss/Action on a Resolution regarding Anna Town Square Addition, Block A, Lot 2 Development Agreement. (Director of Development Services Ross Altobelli) b. Conduct a Public Hearing/Consider/Discuss/Action on an Ordinance to amend standards for multiple -family residence development within portions of Subdistrict I & H of the existing Planned Development on one lot on 11.1± acres located on the west side of Finley Boulevard, 510± feet south of Florence Way. Zoned: Planned Development (Ord. No. 129-2004 & Ord. No. 627-2013). (Director of Development Services Ross Altobelli) C. Consider/Discuss/Action on a Resolution regarding Anna Town Square Addition, Block A, Lot 2 Concept Plan (Director of Development Services Ross Altobelli) d. Consider/Discuss/Action on adding an Optional Homestead Property Tax Exemption. (City Manager Jim Proce) e. Consider/Discuss/Action on a Plan of Finance for the issuance of General Obligation Bonds, Series 2022, and Certificates of Obligation, Series 2022. (Finance Director Alan Guard) f. Consider/Discuss/Action adopting a Resolution directing publication of Notice of Intention to Issue Combination Tax and Revenue Certificates of Obligation to provide funds for sewer projects; and resolving other matters relating to the subject. (Finance Director Alan Guard) g. Approve a Resolution in support of the installation of an outdoor Fitness Court at Slayter Creek Park and authorize the City Manager to apply for a $50,000 grant sponsored by National Fitness Campaign. 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 exceptions: a. Consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071). b. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072). 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).Development incentives d. Discuss or deliberate personnel matters (Tex. Gov't Code §551.074). City Council 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 June 24, 2022. Carrie L. Land, City Secretary 1.The Council may vote and/or act upon each ofthe items listed inthis 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever itisconsidered 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 bemade. THE CITY OF manna AGENDA ITEM: i010111111►r.X.IF11 City Council Agenda Staff Report Meeting Date: 6/28/2022 Staff Contact: Recognition of April, May, and June We Notice! Property of the Month Designees. (Neighborhood Services Coordinator Olivia Demings) SUMMARY: April - Fatoumatta Touray -This West Crossing home makes use of native Texas plants to complete a stylish flower bed. The whole family is involved in maintaining the manicured front lawn and we are pleased to recognize them as the April We Notice! Property of the Month. May - Torres Family - This property stylishly arranges planted flowers to create a lovely garden -style front yard. This property owner definitely has a green thumb and we congratulate them on a job well done. June - Cayetano Govea - June's We Notice! Property of the Month is located on 6th Street in the downtown area. This yard includes lovely landscaping, beautiful potted floral arrangements, and a fantastic back patio for entertaining. FINANCIAL IMPACT: STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: STAFF RECOMMENDATION: ATTACHMENTS: 1. April Property of the Month 2. May Property of the Month 3. June Property of the Month APPROVALS: Olivia Demings, Events Coordinator Created/Initiated - 6/23/2022 Jim Proce, City Manager Final Approval - 6/23/2022 � �' ., SI' � � r ;'� ,,�,,, .r, ' �� � i PV / t4i' owl rZIN 'V6 ....................... YI THE CITY OF Anna City Council Agenda Staff Report Meeting Date: 6/28/2022 Staff Contact: Frances La Rue AGENDA ITEM: Recognition of Texas Association of Municipal Information Officers (TAMIO) Awards. (Communications Manager Frances LaRue) SUMMARY: FINANCIAL IMPACT: N/A STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: High Performing Professional City. STAFF RECOMMENDATION: ATTACHMENTS: APPROVALS: Taylor Lough, Economic Development Administrator Created/Initiated - 6/23/2022 Jim Proce, City Manager Final Approval - 6/23/2022 THE CITY OF Anna I000 • IN City Council Agenda Staff Report Meeting Date: 6/28/2022 Staff Contact: Jim Proce AGENDA ITEM: Recognition of Texas City Management Association Assistant of the Year Award in Memory of Valerie Bradley. (City Manager Jim Proce) SUMMARY: FINANCIAL IMPACT: STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: High Performing Professional City. STAFF RECOMMENDATION: N/A ATTACHMENTS: APPROVALS: Taylor Lough, Economic Development Administrator Created/Initiated - 6/23/2022 Jim Proce, City Manager Final Approval - 6/23/2022 THE CITY OF Anna IIMM1 ► • "I01 City Council Agenda Staff Report Meeting Date: 6/28/2022 Staff Contact: Ray Isom AGENDA ITEM: EMS Provider License and Ambulance Operations Update (Fire Chief Ray Isom) SUMMARY: FINANCIAL IMPACT: STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: STAFF RECOMMENDATION: ATTACHMENTS: APPROVALS: Ray Isom, Fire Chief Created/Initiated - 6/22/2022 Jim Proce, City Manager Final Approval - 6/23/2022 THE CITY OF Anna i00►r.11111141 City Council Agenda Staff Report Meeting Date: 6/28/2022 Staff Contact: Ross Altobelli AGENDA ITEM: Zoning Discussion - Hagar Ranch (Director of Development Services Ross Altobelli) SUMMARY: Vamsi Gali, Lady Bird TX Homes, Inc., and her development team would like to discuss with City Council zoning and development options for tracts of land that were recently denied zoning for a multi -family and commercial development. 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: City Council to provide direction. ATTACHMENTS: 1. Hagar Ranch Development Overview (3) 2. Letter -to -Council -Hager Ranch APPROVALS: Ross Altobelli, Director of Development Services Created/Initiated - 6/23/2022 Jim Proce, City Manager Final Approval - 6/23/2022 Hager Ranch located on a 30 acre planned development includes 4-story multi -family, 4-story parking garage, 2-story townhomes, 2-story clubhouse and a 1-story retail center. This upscale development uses only class A construction and high performance energy efficient buildings. We value our inhabitants health and quality of life. �Gw� I ill! lillir-. 4 T if now, SIMILAR TO 1 1 J Z i el . '4 OEM ESPI MEN MEW What Makes Our Properties Special: W • Energy Star Indoor Air Plus certified • Energy Star Rated • Net Zero Ready Certified • NAHB Green Certified • Energy efficient - 70% better than code • No VOC, fire retardant, anti -mold and fungus • Environmentally friendly • Superior indoor air quality Unit Amenities • Energy efficient building • Interior walls SIP panel • Energy Star windows • Large spacious units • Balconies for each unit • Patios • Full size washer and dryers in each unit • Granite Countertops in kitchen and bath • Upgraded stainless steel energy efficient appliances. • 9 ft ceilings • Luxury Vinyl Plank Flooring • Luxury Grade Carpeting • Large closets • Wood trim • Infloor Radiant Heat, Zoned Heating and Cooling, Air Source Heat Pump Cooling • LED ceiling Lights, LED Vanity Lights • Premium Cabinets, Slow Close Doors/Drawers Low VOCs • Watersense Toilets and Faucets Common Area Amenities • Clubhouse • Fitness • Greenspace Community Amenities • Area shopping • Close to eating establishments Economic Impact of 685 New Apartment Homes. Economic Impact The combined contribution of apartment construction, renovation and repair, operations and resident spending to the metro economy. Construction $244,244,186 Renovation & Repair $2,290,466 Operation Expenditures $5,831,252 Resident Spending $116,697,145 Total Economic Impact $369,063,049 Impact from Tax Revenue Operation Expenditures $1,931,404 Resident Spending $13,607,670 Total Impact from Tax Revenue $15,539,074 Employment Impaot The total number of jobs supported by apartment construction, operations, and resident spending within the metro economy. Construction Renovation & Repair Operations Resident Spending Total Jobs Supported 1,224 11 11 622 19868 LodyB i rd TX Honks, lM City Council of Anna Texas Re: Hager Ranch Planned Development - 685 Unit Multifamily, Townhome, and Commercial Why is Anna the place for this project? Tax Impact - 344% increase • This 30A parcel as is or if a campus will not generate any comparable income for the City. The County currently collects - $2900.00. • Our project projects to generate taxes around $1M+ with a project valuation - $100M+. Economic Impact • Combined - $369M from construction,operational and resident spending • No of jobs - 1868 • Impact from tax revenue $15M includes residential generated. National Multifamily Housing Council and the National Apartment Association Future Land Use • The future land use is for a professional campus. We checked and Anna ISD is not considering an educational campus and Collin College has chosen other land. Expediting City 2050 Comp Plan for Needed Road Construction • Our development includes the on and offsite Findley Road extension which expedites the Cityt 2050 Comp Plan. As local developers we are not focused just on us but we consider the needs of the City. Area Surrounding and Including Pecan Grove Is Stuck • Our project will open up and expedite the access issue of the area allowing Pecan Grove and future developments to access Hwy 5. Our developmentt traffic is not expected to congest Pecan Grove as there is no need to access through the community as there is no commercial or other amenities. Quality for Inhabitants Health and Welfare • Class A construction • Energy efficient • Sustainably built • Built to hold Local Development Group • We are a local development group that is passionate to be part of Annat growth and this is why we haven't given up on this. THE CITY OF Anna i00►=01111a City Council Agenda Staff Report Meeting Date: 6/28/2022 Staff Contact: Ross Altobelli AGENDA ITEM: Discussion - Future expansion of Anacapri and status of current development (Director of Development Services Ross Altobelli) SUMMARY: Megatel Homes would like to provide the City Council with a construction update on the current Anacapri development and discuss expanding the existing Anacapri zoning further north. 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: City Council to provide direction. ATTACHMENTS: 1. AnaCapri North - Anna City Council Work Session Memo 2. AnaCapri North - Anna City Council APPROVALS: Lauren Mecke, Planning Manager Created/Initiated - 6/23/2022 Ross Altobelli, Director of Development Services Approved - 6/23/2022 Jim Proce, City Manager Final Approval - 6/23/2022 � MCADAMS June 22, 2022 City of Anna Planning & Development Department 111 N Powell Parkway P.O. Box 776 Anna, TX 75409-0776 RE: AnaCapri North Dear Mr. Altobelli, ANACAPRI NORTH > WORK SESSION MEMO It is my pleasure to share that we are in the early stages of designing the next phase of the AnaCapri developments on behalf of Megatel Homes, LLC. This memo serves to accompany a presentation and a series of exhibits to be discussed during the upcoming City Council Work Session on June 28t", 2022. It is our intent to create a community that thoroughly embodies the core values of the City of Anna. A development that, much like previous phases, can set an example of what Anna is in search of as it looks to the future. Currently, Phases 1A, 113, and 1C are currently under construction, with Phase II plans seeking final approvals in the coming months. Additionally, Phase III plans will be submitted sometime soon (6-8 months). The lot total for these phases amounts to 1,239 new residences for the City of Anna, with an average selling point near $400,000. In working with Megatel it is evident that they take pride in delivering a wide array of amenities when developing these communities. Whether it is the white sand beaches and clear blue water of the lagoon, or an abundance of open space and activity centers, there is something for everyone to enjoy. These beautifully landscaped properties have manicured and functional spaces dedicated to fitness, wellness, and relaxation. And, with nearly 20 available home plans, there is no shortage of options for the future residents of AnaCapri. The goals for this project are perfectly reflected in the Ana2050 Vision Statement. We are focused on creating an innovative, diverse, and vibrant community that pays homage to the hometown character that Anna prides itself on. This development will help to further establish the financial security of the city and provide abundant amenities for the community. Sincerely, MCADAMS Mitchell Corona, CNU-A Designer II, Planning + Entitlement creating experiences through experience 111 Hillside Drive, Lewisville, TX 75057 / 972. 436. 9712 fT- Now low_ %dWW F �. -mam ) ANACAPRI NORTH XM Ad& AnaCapri Submittals and Approvals to Date Under Construction Phase 1 (458 residential lots) Preliminary Plats Approved Phases 2, 3, and 4 (777 residential lots) Additional Submittals Phase 2 Final Plat (248 residential lots) Multi -Family Preliminary Plat Laguna Preliminary Plat Fergusson Parkway and Laguna Drive in review AnaCapri Phasing Schedule Et Exhibit Summer 2022 Phase 1 A, 1 B, 1C under construction Phas4 proc( approval , Winter 2022/2023 Phase near construction start Phase 3 in process of approval 2023 and Beyond Phase 3 near construction start Over 1,200 new homes completed Construction of Anacapri North AnaCapri By The Numbers MW $800M 1 239 15 Acre - Entertainment. _. .' Project Value Single Family Lots D }.. , 2.3 Acre 600 301000' Lagoon Amenity Multifamily Units Commercial 4.h.. W.........:. ' R +"o Entertainment Building ,, AnaCapri Proposed New Phase AnaCapri North Approximately 115-acre site Along Fergusson Road Extension and County Road 373 Single Family Residential (40' and 50' lots) Abundant Open Space and Large Amenity Center Trails connecting to other phases of AnaCapri and Lagoon/Entertainment District AnaCapri Proposed New Phase AnaCapri North 19.61 Acres of Open Space 17,657 Linear Feet (3.34 Miles) of Trails Connecting trails throughout different phases of project HOA Amenity Center with Pool with Restrooms and landscaping. V� y + M1 Y71if�i R AnaCapri Floorplans 19 Plans Offered 3 Series Levels Diamond I Platinum I Premier Starting in the $400s I s 3-4 2-3.5 2-3 1777-3460 Beds Baths Car Garages Square Feet R 1r4!wl AnaCapri Exteriors Alit x *iilm 1 - - ■R r � � f Yy.Zr Y _y1itr k a� AnaCapri Ael, . Dupsti-C THE CITY OF Anna AGENDA ITEM: IImam 0rew:l City Council Agenda Staff Report Meeting Date: 6/28/2022 Staff Contact: Approve City Council Meeting Minutes for June 4, 2022, and June 14, 2022. (City Secretary Carrie Land) SUMMARY: Approve City Council Meeting Minutes for June 4, 2022 and June 14, 2022. FINANCIAL IMPACT: STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: STAFF RECOMMENDATION: ATTACHMENTS: 1. CCmin2022-06-04 DRAFT 2. CCmin2022-06-14 DRAFT APPROVALS: Carrie Land, City Secretary Created/Initiated - 6/22/2022 Jim Proce, City Manager Final Approval - 6/23/2022 Regular City Council Meeting Meeting Minutes THE CITY OF Atifta Saturday, June 4, 2022 @ 9:00 AM Anna ISD - Anna Education Center Cafeteria The City Council of the City of Anna met at 9:00 AM, on June 4, 2022, at the Anna ISD - Anna Education Center Cafeteria located at 601 S. Sherley Ave., to discuss the following items. Mayor's Welcome City Secretary's Office City Manager's Office City Attorney's Office Board Breakout Adjourn APPROVED 28th day of June 2022. Mayor Nate Pike Attested City Secretary Carrie L. Land Regular City Council Meeting Meeting Minutes THE CITY OF Allifta Tuesday, June 14, 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 June 14, 2022, at the Anna ISD Board Room located at 201 E. 7th Street, Anna, Texas, 75409, to consider the following items. 1. Call to Order, Roll Call, and Establishment of Quorum. Mayor Pro Tern Miller called the meeting to order at 6:30 PM. Mayor Pike was absent. 2. Invocation and Pledge of Allegiance. Council Member Carver led the Invocation and Mayor Pro Tern Miller led the Pledge of Allegiance. 3. Neighbor Comments. Elden Baker provided City Council with an update on the locomotive. Stephanie Dingle spoke with regard to Anna Town Square and safety concerns at Leonard Avenue and Sharp Street. Kay Hickey spoke with regard to trash in Anna Town Square creek and promises made by the builders at the time of purchase. 4. Reports. a. Planning and Development Regulations - Diagnostic Report (Director of Development Services Ross Altobelli) Director of Development Services Altobelli reported on the initial phase of the Planning and Development Regulations update process and summarized feedback from the City Council, Planning and Zoning Commission, City staff, several City board members, and the public; provided an analysis of Anna's current Planning and Development Regulations; and put forth suggested options to consider from subsequent phases of the Planning and Development Regulations update. b. EMS Provider License Update (Fire Chief Ray Isom) Assistant Fire Chief Dan Wood introduced Anna's newest Firefighter/EMT Nick Moser-Hooten. Fire Chief Isom provided an overview of the EMS Provider License, noting that Phase One of the licensing - through the Texas Department of State Health Services - was completed June 3, 2022. Phase two - the on -site inspection - occurred on June 10, 2022. C. Lee Lewis update on the Anna Municipal Complex construction. (Director of Public Works Greg Peters, P.E.) Lee Lewis Construction representatives Anthony Lewis and Justin Hall provided City Council with a project update. 5. Work Session. a. Discuss street naming policies and procedures. (Director of Public Works Greg Peters, P.E.) Director of Public Works Peters led the discussion of policies and procedures related to naming streets in the City of Anna. He discussed the following reasons City Council may want to consider a policy: ❑ Staff has identified potential street names that City Council may want to reconsider renaming to avoid traffic confusion; ❑ A process needs to be established to identify honorarium namings, e.g., in honor of former Mayors and/or City Council members; � � Thoroughfare namings in new developments; ❑ Immediate needs as identified by staff analysis and findings; and ❑ Any additional related items for street naming discussion. b. FY2023 Preliminary Budget Update/Strategies City Manager Proce discussed some of the more recent updates and strategies to be employed in the preparation of the FY2023 Budget. 6. Consent Items. MOTION: Council Member Toten moved to approve Consent Items 6.a. through 6.n. Council Member Atchley seconded. Motion carried 6-0. a. Approve City Council Meeting Minutes from May 24, 2022. (City Secretary Carrie L. Land) b. Review Minutes of the May 2, 2022, Planning & Zoning Commission Meeting. (Director of Development Services Ross Altobelli) C. Approve a Resolution regarding the Franklin Estates, Block A, Lot 1, Development Plat. (Director of Development Services Ross Altobelli) Two single-family residences and four accessory buildings on one lot on 5.0± acres located on the east side of County Road 500, 170± feet north of County Road 832. Located within the Extraterritorial Jurisdiction (ETJ). A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING FRANKLIN ESTATES, BLOCK A, LOT 1, DEVELOPMENT PLAT. d. Approve a Resolution regarding the Evans Westover Addition, Block A, Lots 1, 2, & 3, Replat. (Director of Development Services Ross Altobelli) Three lots on 5.0± acres located on the east side of Westover Lane, 1,140± feet south of Farm -to -Market Road 2862. Zoned: Extraterritorial Jurisdiction (ETJ). The purpose of the Replat is to subdivide one lot into three lots, dedicate lot and block boundaries, easements, and right-of-way necessary for future development. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING EVANS WESTOVER ADDITION, BLOCK A, LOTS 1, 2, & 3, REPLAT. e. Approve a Resolution regarding the Three Creeks Ranch Estates, Block 1, Lots 3R & 4R, Replat. (Director of Development Services Ross Altobelli) Two lots on 12.2± acres located on the west side of County Road 206 (Chambersville Road), 580± feet south of County Road 971. Zoned: Extraterritorial Jurisdiction (ETJ). The purpose of the Replat is to dedicate lot and block boundaries, easements, and right-of-way necessary for future development. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THREE CREEKS RANCH ESTATES, BLOCK 1, LOTS 3R & 4R, REPLAT. f. Approve a Resolution regarding the Via Addition, Block A, Lots 1 & 2, Minor Plat. (Director of Development Services Ross Altobelli) Two lots on 50.4± acres located on the east side of County Road 209 (Bourland Bend), 1,630± feet north of Chambersville Road. Zoned: Extraterritorial Jurisdiction (ETJ). The purpose of the Minor Plat is to dedicate lot and block boundaries and right-of-way necessary for future development. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING VIA ADDITION, BLOCK A, LOTS 1 & 2, MINOR PLAT. g. Approve a Resolution regarding the Anna Retail Addition, Block A, Lot 4R, Replat. (Director of Development Services Ross Altobelli) Pharmacy on one lot on 2.1± acres located at the southeast corner of W. White Street and S. Throckmorton Boulevard. Zoned: C-2 General Commercial. The purpose of the Replat is to dedicate easements necessary for the construction of the pharmacy development. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING ANNA RETAIL ADDITION, BLOCK A, LOT 4R, REPLAT. h. Approve a Resolution regarding the Avery Pointe Commercial, Block A, Lots 1 R & 3, Replat. (Director of Development Services Ross Altobelli) Self -storage facility on Lot 3 and vacant lot on 4.0± acres located at the northeast corner of W. White Street and S. Ferguson Parkway. Zoned: Planned Development (Ord. No. 964-2022, Ord. No. 709-2015, & Ord. No. 179-2005). The purpose of the Replat is to dedicate lot and block boundaries and easements necessary for the construction of the self -storage facility and to subdivide the property. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AVERY POINTE COMMERCIAL, BLOCK A, LOTS 1 R & 3, REPLAT. Approve a Resolution regarding the Avery Pointe Commercial, Block A, Lot 3, Site Plan. (Director of Development Services Ross Altobelli) Self -storage facility on one lot on 4.0± acres located on the east side of S. Ferguson Parkway, 375± feet north of W. White Street. Zoned: Planned Development (Ord. No. 964-2022, Ord. No. 709-2015, & Ord. No. 179-2005). The purpose of the Site Plan is to show the proposed self -storage facility development site improvements. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AVERY POINTE COMMERCIAL, BLOCK A, LOT 3, SITE PLAN. Approve a Resolution regarding the Anacapri Laguna, Phase 1, Block A, Lots 1, 2, 3, 4, & 5, Preliminary Plat. (Director of Development Services Ross Altobelli) Commercial lot, private community center lot, and two multiple -family residences lots on 50.0± acres located at the northeast corner of Rollins Road and Ferguson Parkway. Zoned: Planned Development (Ord. No. 887-2020). The purpose of the Preliminary Plat is to propose right-of-way dedication, lot and block boundaries, and easements necessary for the future construction of the private community center improvements on Lot 3. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING ANACAPRI LAGUNA, PHASE 1, BLOCK A, LOTS 1, 2, 3, 4, & 5, PRELIMINARY PLAT. k. Approve a Resolution regarding the Anna 455 Addition, Block A, Lots 5 & 6, Preliminary Plat. (Director of Development Services Ross Altobelli) Automobile repair, minor on Lot 6 and vacant lot on 3.0± acres located on the north side of W. White Street, 435± feet west of S. Ferguson Parkway. Zoned: Planned Development (Ord. No. 709-2015 & Ord. No. 179-2005). The purpose of the Preliminary Plat is to propose lot and block boundaries, and easements necessary for the future minor automobile repair development. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING ANNA 455 ADDITION, BLOCK A, LOTS 5 & 6, PRELIMINARY PLAT. Approve a Resolution regarding the DHI-Anna, Block A, Lots 1-3, Preliminary Plat. (Director of Development Services Ross Altobelli) Multiple -family residence on Lot 1 and two vacant lots on 39.7± acres located at the northeast corner of future Throckmorton Boulevard and future Rosamond Parkway. Zoned: Planned Development (Ord. No. 881-2020). The purpose of the Preliminary Plat is to propose right-of-way dedication, lot and block boundaries, and easements necessary for the future construction of the multiple -family residence development. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING DHI-ANNA, BLOCK A, LOTS 1-3, PRELIMINARY PLAT. M. Acting as the Anna Public Facility Corporation Board of Directors, approve a "Rider" to that certain Memorandum of Understanding (MOU) with JPI Village Waters Creek Development, LLC, approved on January 25, 2022. (Director of Economic Development Joey Grisham) On January 25, 2022, the Anna PFC Board of Directors approved a Memorandum of Understanding (MOU) with JPI Village Waters Creek Development, LLC for the Villages of Water Creek Multifamily Development. The following is a "Rider" to that agreement which is simply adding and clarifying some of the language in the MOU. n. Approve Acting City Manager Assignment Designation. (City Manager Jim Proce) As stated in the Charter, from time to time the City Manager may remove and/or appoint another Acting City Manager and would notify City Council in writing, should this be necessary. Pursuant to this requirement, during the absence of the City Manager, the City Manager is designating as the primary "Acting City Manager" the current Assistant City Manager Ryan Henderson. In the event of Ryan's concurrent absence, the City Manager would designate Taylor Lough as secondary option. 7. Items For Individual Consideration. a. Approve a Resolution regarding the Anna Retail Addition, Block A, Lots 1 R, 3R, 6, 7, 8, 9 & Block B, Lot 1, Replat. (Director of Development Services Ross Altobelli) Retail and restaurant on Lot 1 R and six vacant lots on 26.0± acres located on the east and west sides of Throckmorton Boulevard, 370± feet south of W. White Street (FM 455). Zoned: Planned Development - Multiple -Family Residential - High Density and C2 General Commercial. The purpose of the Replat is to dedicate right-of-way, lot and block boundaries, and easements necessary for subdividing the property. ISSUES: The applicant is requesting a waiver from adopted city standards located within both the Subdivision Regulations and Design Standards. 1. Minimum frontage on a public street. Each lot on a subdivision plat shall front onto a dedicated, improved public street, unless platted as an approved private street subdivision in accordance with these subdivision regulations. All lots shall have a minimum of 40 feet of frontage along the property line of a dedicated, improved street unless other provisions have been authorized under article 9.04 or an approved planned development district. FINDINGS: Where the City Council finds that undue hardships will result from strict compliance with a certain provision(s) of the subdivision regulations and design regulations, or where the purposes of the regulations may be served to a greater extent by an alternative proposal, the City Council may approve a waiver/suspension from any portion of the regulations so that substantial justice may be done and the public interest is secured, provided that the waiver/suspension shall not have the effect of nullifying the intent and purpose of the regulations, and further provided that the city council shall not approve a waiver/suspension unless it makes findings based upon the evidence presented to it in each specific case that: (A) Granting the waiver/suspension will not be detrimental to the public safety, health or welfare, and will not be injurious to other property or to the owners of other property, and the waiver/suspension will not prevent the orderly subdivision of other property in the vicinity; The request is not detrimental to public health, safety, or welfare and does not prevent orderly subdivision of the surrounding properties. The property owner is proposing a 50-foot access easement that will connect future Throckmorton Boulevard to the existing access easement, acting as a private street. (B) The conditions upon which the request for a waiver/suspension is based are unique to the property for which the waiver/suspension is sought, and are not applicable generally to other property; - This large tract of land has a unique shape due to the surrounding properties being platted prior to a regional or master plan. Creating Lot 9 as a separate lot, is in conformance with Sec. 9.02.087 (Lots) by not creating an irregular, severely elongated lot. (C) Because of the particular physical surroundings, shape and/or topographical conditions of the specific property involved, a particular undue hardship to the property owner would result, as distinguished from a mere inconvenience or increased expense, if the strict letter of these regulations is carried out; - This large tract of land has a unique shape due to the surrounding properties being platted prior to a regional or master plan. The access easement acts as a private street. If the access easement were required to be an improved street, the City would be required to own and maintain the road. (D) The waiver/suspension will not in any manner vary the provisions of the zoning ordinance, comprehensive plan (as amended), or any other adopted plan(s) or ordinance(s) of the city; and - The waiver request is specific to one standard contained within the Subdivision Ordinance and Design Standards. Due to the multiple access easements through Lot 9, staff is amenable to the variance request. Upon approval of the waiver, the Replat is in conformance with the city's Subdivision Regulations and Zoning Ordinances and is subject to additions and/or alterations to the engineering plans as required by the Public Works Department. The Planning & Zoning Commission recommended approval. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING ANNA RETAIL ADDITION, BLOCK A, LOTS 1R, 3R, 6, 7, 8, 9 AND BLOCK B, LOT 1, FINAL PLAT MOTION: Council Member Carver moved to approve. Council Member Toten seconded. Motion carried 6-0. b. Consider/Discuss/Action on filling vacancies on boards and commissions. (City Secretary Carrie Land) Mayor Pro Tern Miller moved on to Item 7.c. and City Council returned and took action after Closed Session. There are two vacancies to fill: Planning and Zoning Commission - Place 1 Board of Adjustments - Place 2A MOTION: Council Member Miller moved to appoint Staci Martin to the Planning and Zoning Commission Place 1. Council Member Atchley seconded. Motion carried 6-0. MOTION: Mayor Pro Tern Miller moved to appoint Elden Baker to the Board of Adjustments Place 2A. Council Member Atchley seconded. Motion carried 6-0. C. Discuss/Consider/Act on a Resolution authorizing the City Manager to execute a Professional Services Agreement with Gessner Engineering for land surveying and civil engineering for the Anna Community Library and for paving improvements on 5th Street, 7th Street, and Riggins Road adjacent to the Municipal Campus. (Director of Public Works Greg Peters, P.E.) The City is moving forward with the design of the Anna Community Library. The land surveying and site engineering components of the design will need to be completed by a civil engineering firm. In addition, the City has a Capital Improvement Plan project identified to improve 5th Street, 7th Street, and Riggins Street. These road improvements will be critical to providing the access and parking required for the new library and for the surrounding properties which are anticipated to re -develop in the future. Through the City's multidisciplinary RFQ process, Gessner Engineering was preselected in the site civil engineering category. They also have significant experience in the design of roads surrounding campus facilities, which is a good match for the improvements required on 5th Street, 7th Street, and Riggins Street. DART approval will be required for all proposed improvements to the Riggins Street Right-of-way. The cost and funding for the scope included $49,200 from 2021 Bond Funds for the Library site engineering, and $119,310 for the roadway improvements. Staff reviewed the scope and cost and found Gessner to be highly qualified to complete the work identified. Staff recommends approval of the item. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR PROFESSIONAL SERVICES BY AND BETWEEN THE CITY OF ANNA, TEXAS AND GESSNER ENGINEERING FOR CIVIL ENGINEERING SERVICES RELATED TO THE ANNA COMMUNITY LIBRARY AND SURROUNDING STREET IMPROVEMENTS, AS SHOWN IN EXHIBIT "A" ATTACHED HERETO, AND PROVIDING FOR AN EFFECTIVE DATE. MOTION: Council Member Toten moved to approve. Council Member Ussery seconded. Motion carried 6-0. d. Consider/Discussion/Action on a Resolution authorizing the Anna Public Facility Corporation to issue bonds not to exceed $33,000,000 for the Palladium East Foster Crossing project. (Director of Economic Development Joey Grisham) Since the Anna PFC is issuing private activity bonds not to exceed $33 million for the Palladium East Foster Crossing project, the Public Facility Corporation Act requires approval of the governing body. These bonds are not backed by the City's full faith and credit. A RESOLUTION BY THE CITY OF ANNA, TEXAS APPROVING AN INDENTURE AND RESOLUTION OF ANNA PUBLIC FACILITY CORPORATION WITH RESPECT TO THE ISSUANCE OF A BOND MOTION: Council Member Carver moved to approve. Mayor Pro Tern Miller seconded. Motion carried 6-0. e. Acting as the Anna Public Facility Corporation Board of Directors, Consider/Discussion Action on: (a) Resolution authorizing the issuance of bonds not to exceed $33,000,000 (b) resolutions approving substantially final partnership documents for the Palladium East Foster Crossing financing, general partnership, and ground lease; and (c) Memorandum of Understanding (MOU) with Palladium USA International, Inc. (Director of Economic Development Joey Grisham) Palladium is developing a 239-unit multifamily project located just north of the Anna Business Park on E. Foster Crossing Rd. and is being financed by private activity bonds issued by the Anna PFC not to exceed $33 Million and 4% Housing Tax Credits. Zoning was approved back in September 2021. The Anna PFC will serve as the General Partner on the project. The documents being approved include a bond resolution, Memorandum of Understanding (MOU) and resolutions approving substantially the final partnership agreements. FINANCIAL IMPACT: The Anna PFC will receive $958,634 in Year 1 and 25% of the developer cash flow over the following 14 years estimated at $2.2 Million. MOTION: Council Member Carver moved to approve. Council Member Ussery seconded. Motion carried 6-0. 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 exceptions: a. Consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071). Fire/Emergency Services. Public Facilities. 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). Pending Commercial Incentives. d. Discuss or deliberate personnel matters (Tex. Gov't Code §551.074). Boards and Commissions MOTION: Council Member Cain moved to enter Closed Session. Council Member Atchley seconded. Motion carried 6-0. Mayor Pro Tern Miller recessed the meeting at 8:21 PM. Mayor Pro Tern Miller reconvened the meeting at 9:35 PM. Mayor Pro Tern returned to Agenda Item 7.b. for action. 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. No action taken. 10. Adjourn. Mayor Pro Tern Miller adjourned the meeting at 9:38 PM. Approved on June 28, 2022. Mayor Nate Pike ATTEST: City Secretary Carrie L. Land THE CITY OF Anna AGENDA ITEM: City Council Agenda Staff Report Meeting Date: 6/28/2022 Staff Contact: Review Minutes of the May 5, 2022, Joint Community Development Corporation Board and Economic Development Corporation Board Meetings. (Director of Economic Development Joey Grisham). SUMMARY: FINANCIAL IMPACT: STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: STAFF RECOMMENDATION: ATTACHMENTS: 1. May 5 2022 CDC EDC Joint Meeting Minutes FINAL_Signed APPROVALS: Kimberly Garduno, Economic Development Coordinator Created/Initiated - 6/23/2022 Jim Proce, City Manager Final Approval - 6/23/2022 Officers: Bruce Norwood, President Shane Williams, Vice -President Rocio Gonzalez, Secretary Staff: Joey Grisham, Director of Economic Development Taylor Lough, Assistant Director of Economic Development Kimberly Garduno, Economic Development Coordinator THE CITY OF Aftfta wCDC G R O U N D B R E A K I N G P O S S I B I L I T I E S THE t,_l'I'� OF manna ED( G R O U N D B R E A K I N G P O S S I B I L I T I E S Anna Community Development Corporation and Anna Economic Development Corporation Meeting Minutes Thursday, May 5, 2022, at 6:00 pm City of Anna Fire Station EOC Conference Room 305 S. Powell Parkway, Anna, Texas 75409 The Anna Community Development Corporation and the Anna Economic Development Corporation conducted a meeting at 6:00 p.m. on Thursday, May 5, 2022, at the Anna Fire Station EOC Conference Room, located at 305 S. Powell Parkway (Highway 5) Anna, Texas 75409. A video recording of the open session portions of the meeting may be viewed online at the City of Anna's website: https://www.annatexas.gov/962/AgendasMinutes CDC and EDC Board Members Present: Bruce Norwood, Michelle Hawkins, Rocio Gonzalez, Kylee Kelley, and Shane Williams CDC and EDC Board Members Absent: None. Others Present: Joey Grisham (Director of Economic Development), Taylor Lough (Assistant Director of Economic Development), Kimberly Garduno (Economic Development Coordinator), Kevin Johnson (IT Director), and Lee Miller (Mayor Pro Tem). 1. Call to Order. Roll Call and Establishment of Quorum. The meeting was called to order by Board President Bruce Norwood at 6:07 p.m. 2. Invocation and Pledge of Allegiance. Invocation and Pledge of Allegiance were led by Bruce Norwood. 3. Neighbor Comments. None. 4. Consent Agenda. a. Consider/Discuss/Act on approving Community Development Corporation Special -Called Meeting. (CDC) b. Consider/Discuss/Act on approving Community Development Corporation Special -Called Meeting. (EDC) minutes from the April 7, 2022, Joint and Economic Development Corporation minutes from the April 7, 2022, Joint and Economic Development Corporation Officers: Staff: Bruce Norwood, President Joey Grisham, Director of Economic Development Shane Williams, Vice -President Taylor Lough, Assistant Director of Economic Development Rocio Gonzalez, Secretary Kimberly Garduno, Economic Development Coordinator Shane Williams made a motion on behalf of the CDC and EDC to approve the consent agenda. Michelle Hawkins seconded the motion. All were in favor. Motion passed. 5. Individual Consideration 6. Director's Report a. ICSC ReCON Preview Joey Grisham, Bruce Norwood, Shane Williams, and Lee Miller will be leaving for Las Vegas May 21st through May 24t". While some companies are not letting people travel, over 20,000 people are expected to attend the show. Navi Retail is setting up several meetings with prospective retailers, restaurants, grocers, and others. b. Strategic Plan Updates The Anna EDC sponsored the Dallas Business Journal's Best Real Estate Awards. Over 350 people were in attendance and meetings were set up after the event. An ad was also included in the latest issue on the awards. Joey Grisham spoke at an Industrial Summit last week in Dallas with the cities of Lancaster and Wilmer. Joey Grisham also spoke at the Neighborhood Services' senior luncheon. Last week Red Productions shot for the community video. Kimberly Garduno has kicked off a business retention and expansion program with a survey. c. Downtown Update Today staff had an internal meeting with several departments. Drainage study has kicked off. Staff is working with DART on an agreement to use their right of way and looking at a grant to update 4t" Street. On Monday, the Collin County Commissioners Court voted to participate in TIRZ No. 6. d. Business Park Update The property closed last Friday. We expect Holt Cat will come in with a concept plan later this summer. We are planning a joint meeting between the Board and City Council for use of the Business Park proceeds. The adjoining property owner has had multiple offers for his property and may rezone for more industrial along the Collin County Outer Loop. e. Chamber Golf Tournament Monday, June 6t" the Greater Anna Chamber of Commerce is holding its annual tournament at The Bridges Course in Gunter. The sponsorship requested by the Chamber is for two teams for $2,500 with no refund or make up date. Bruce Norwood asked if we would have a table, which we will ask for if we sponsor. Shane Williams asked what the other levels were: $1,500 for one team, $800, tee sponsor is $300 and hole sponsor is $200. Feedback was favorable for participating. f. Joint Meeting with City Council We are planning a joint meeting between the Board and City Council for use of the Business Park proceeds that we expect this summer. Officers: Staff: Bruce Norwood, President Joey Grisham, Director of Economic Development Shane Williams, Vice -President Taylor Lough, Assistant Director of Economic Development Rocio Gonzalez, Secretary Kimberly Garduno, Economic Development Coordinator 7. CLOSED SESSION (exceptions): a. Deliberate regarding the purchase, exchange, lease or value of real property. (Tex. Gov't Code §551.072) possible property acquisition; possible land sale/purchase; Anna Business Park. b. Consult with legal counsel on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071); Grant program; Lease agreement and professional services contract. c. Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the Board of Directors has received from a business prospect that the Board of Directors seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the Board is conducting economic development negotiations; or, (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code §551.087) Anna Business Park Property; potential retail and medical projects. Rocio Gonzalez made a motion to enter closed session. Kylee Kelley seconded the motion. All were in favor. Motion passed. CDC Board entered closed session at 6:39 p.m. 8. Reconvene into open session and take any action on closed session items. Kylee Kelley made a motion to reconvene into open session. Shane Williams seconded the motion. All were in favor. Motion passed. The CDC reconvened into open session at 6:54 p.m. 9. Receive reports from staff or Board Members about items of community interest. Joey Grisham stated that the Parmore Anna Senior Living Groundbreaking to be held on Tuesday, May 1111 at 1:00 p.m may be canceled. Board and Commissions Orientation on Saturday, May 21 st 10. Adjourn. Rocio Gonzalez made a motion to adjourn the meeting at 6:56 p.m. Bruce Norwood seconded the motion. All were in favor. Motion passed. APPROVED: Bruce Norwood Jun 21, 2022 Bruce Norwood President of CDC/EDC Signature: Brine Nor ioo- d (Jun 21, 202212:11 CDT) Email: brucen@kw.com ATTESTED: Rocio Gonzalez Jun 21, 2022 Rocio Gonzalez Secretary of CDC/EDC Signature: 7 Email: rociocgonzalez@yahoo.com May 5 2022 Draft Final Audit Report CDC EDC Joint Meeting Minutes Created: 2022-06-21 By: Kimberly Garduno (kgarduno@annatexas.gov) Status: Signed Transaction ID: CBJCHBCAABAAS_NGDTgwIAv9NhwM11ZoLCeZiR9gHSKH 2022-06-21 "May 5 2022 CDC EDC Joint Meeting Minutes Draft" History Document created by Kimberly Garduno (kgarduno@annatexas.gov) 2022-06-21 - 3:12:24 PM GMT ley Document emailed to Bruce Norwood (brucen@kw.com) for signature 2022-06-21 - 3:14:10 PM GMT Email viewed by Bruce Norwood (brucen@kw.com) 2022-06-21 - 3:57:16 PM GMT Document e-signed by Bruce Norwood (brucen@kw.com) Signature Date: 2022-06-21 - 5:11:52 PM GMT - Time Source: server Document emailed to rociocgonzalez@yahoo.com for signature 2022-06-21 - 5:11:54 PM GMT Email viewed by rociocgonzalez@yahoo.com 2022-06-21 - 5:13:14 PM GMT &Q Document e-signed by Rocio Gonzalez (rociocgonzalez@yahoo.com) Signature Date: 2022-06-21 - 5:13:49 PM GMT - Time Source: server Q Agreement completed. 2022-06-21 - 5:13:49 PM GMT a Adobe Acrobat Sign i00►rwm City Council Agenda Staff Report Meeting Date: 6/28/2022 Staff Contact: Dalan Walker AGENDA ITEM: Approve a Resolution to authorize the City Manager to execute a construction agreement with Bill's Fence Company, Inc. in the amount of $113,857 for the installation of a black vinyl -coated chain link fence around the perimeter of Bryant Park. (Park Planning and Development Manager Dalan Walker) SUMMARY: The Construction Agreement with Bill's Fence Company, Inc. will provide a perimeter fence around Bryant Park. The fence will be a 6' tall, black vinyl -coated chain link fence with two pedestrian gates and two maintenance gates. The total cost of installation is $113,857. FINANCIAL IMPACT: The cost of the project is $113,857, funded by the Park Development Fund. Maintenance costs will be minimal. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 3: Great Place to Live STAFF RECOMMENDATION: Approve the construction agreement with Bill's Fence Company, Inc. ATTACHMENTS: 1. Bill's Fence Quote Page 1 2. Bill's Fence Quote Page 2 3. New Bryant Park Soccer Field Layout NTS 4. Bryant Park Fence - Bill's Fence Company - Construction Agreement 5. Resolution for Construction Agreement with Bill's Fence Company - Bryant Park APPROVALS: Dalan Walker, Parks Created/Initiated - 6/23/2022 Terri Doby, Budget Manager Approved - 6/23/2022 Jim Proce, City Manager Final Approval - 6/23/2022 r171 rJJ�`Jr1L 1`/l��fl�`J� June 24, 2022 r�l�� r� r�r �r� �Istoob W , THE CITY OF Anna j�j r r-,, , � r � r� I , - r J J P1 Lrj jrr� sr1S JjfJ`l J�rys":j jr (."ol1= !J ..oJ1'J'r �JJ c)� J o5 rfl: fJ �� ffJ jfJ'r� f) : fj,S,� .J Y w -rJ per}J = fJ Jr butoJeo J ff] rjp I I � miI�) �00,t)�0", �,lm W , THE CITY OF All -Ma j�j r r-,, , � r � r� I , - r do mo r, t) I I i ps.) �Istoob W , THE CITY OF Anna j�j r r-,, , � r � r� I , - r J Pjlft:w�o) I v , i , 1) -r , I 5:�).r vJ Tj CA f P f DU rip i J I- �,t)00`�,lm W , S4, THE CITY OF All -Ma TB.M.j'1 'X' CU7 SET ELEV.=764.15' N=7,190.463.94' E=2,558,906.6 _ � 1 / 1 U6 24'- ' aa„ � Hrn Hvv LL C Cu >, m 52• City of Anna Street Rigt—of—Way Dedication Jol. 5761, Pg. 4647, D.R.C.C.T. I Second Tract Eleanor Katherine Cox Cunningham U4 U4 and Howord Joseph Cox, Jr. U6 I Vol. 1995, Pg. 577 i� D.R.C.C.T. U6 i I «CFFF o \ I I \ I' I I I I\ I U4 U4 I \ I I II I I I U8 / I i I \ 11 I U12 U8 Eiectn vvvic I I i \ II l \ 1t I \ \\ II AGR Ventures, LLC and Parakkal Dinesh I\ I Ba Sivasankka W and Supumerina Thri-ri I I _ Dorn,No. 491 II 20200 549180, o_ I It. II O.P.R.GC.T. P.R.C. I \ A\ I t I I I I V rc� Ir �• ((I TB.M./1 25' Building Line _ -- — --�I J I 'X' CUT FND. 760 30' 30' Way 314' I.RF BEARS J E 01 I O C —7.18 N=7,169.633.76' ..ie_ � I I E=2,559.359.50' Easet nt Vol. 5866,nPg. 241, r �� 535.74' D.R.C.C.i. —�osa'��/ ICI\ / I N88°41'59"W ` / \ ®\ 6 Woy Dedication _ -- Vol.R10h Pg. 60 M.R C C.T. is ---- s - - noun yT�oaa No -37T- r171 rJJ�`Jr1L 1`/l��fl�`J� June 24, 2022 r�l�� r� r�r �r� �Istoob W , THE CITY OF Anna 1511 South Texas Ave. #227, College Station, Tx. 77840 P (979) 393-3280 • C 469-263-3329 www.billsfenceco.com •victor@billsfence.net Arkansas Contractors License #0171530420 TIPS TAPS Vendor 4200201 PROPOSAL To: City of Anna,Tx 05/18/2022 Ref: Joe K Bryant cle n fence SCOPE OF WORK Description Furnish and install appx 1,880 If of 6' black coated chainlink fence. 2-12' double swing gates. 2-4' pedestrian gates. Chainlink fence wire to have 9 ga core wire, 8 ga finish, fused bonded black. Chainlink fence to have 2-3/8" od ss40 black coated posts 10' oc. Per plans Chainlink fence to have top, middle, and bottom rails of 1-5/8" od ss40 black coated per plans. Total installed price $113,857.00 Per plans and specs with exceptions No demo No digging thru asphalt or concrete No clearing or grading no sales tax no concrete beams, slabs or mowstrips no grounding no coring or sleeves no panic hdwe This proposal includes up to 2 mobilizations. Any additional mobilizations will be charged accordingly. Materials included within this scope of work are currently volatile in nature. We have experienced sudden price increases within the last 6 months.Bill's fence company,inc uses our best efforts to obtain the lowest possible price from available suppliers. However, if during the performance of this scope of work, the price of any required material significantly increases, through no fault of Bill's fence company, inc. , the customer will be required to acknowledge a change order to this quotation. The cost of the change order shall be reasonably necessary to cover any such significant price increases. This action shall only be enforced on any material in which Bill's fence company,inc. has not been provided with enough information to release the materials for shipment prior to the increase (i.e.-lack of shop drawing or submittal approval, or etc.) A significant price increase shall mean any increase in price exceeding five (5%) percent from the date of issuance of the most recent quotation. Bill's fence company, inc. agrees to provide the customer with vendor documentation supporting such material increases. The above price includes the antipaction of encountering small rock or gravel in the subgrade. Therefore, this quotation allows for the usage of normal hand tools ( post hole diggers, rock bars, etc) and power tools( one man auger, skid steer with auger, etc. ) for post footing excavation. However, the above price DOES NOT include rock teeth for any auger bit or the use of an electric/pneumatic jackhammer. If rock typically larger than 6" is encountered that cannot be removed with included hand or power tools, a change order for time and equipment will be required. DUE TO CURRENT MATERIAL COSTS THIS PROPOSAL IS VALID FOR 3 DAYS ONLY Exclusions, unless listed in the scope of work above: Construction fence, fence removal, demolition, excavation, or relocation of any existing work/utilities. clearing or grading of fence lines, concrete other than post footings, hauling off excess spoils, mow strips, testing of concrete or other materials, grounding, attachments to fence, wind screens, slats, cost of subrogation, layouts other than preset stakes, underground obstructions, running electrical lines or electrical work of any kind. We are not responsible for any underground utilities, landscaping, property lines, shrubs, flowers, trees or water sprinkler systems. The above items must be noted within the subcontractor agreement or purchase order accepted by Bill's Fence Company. Please Let us know if you need any of the items listed in exclusions. We are fully bondable and insured. X Victor Hutchens Customer Signature Date Project Estimator/Drafter BilI's Fence Co., Inc. Member of American Fence Association Visit our web page at www.bilisfenceco.com, click on photo gallery to see projects We specialize in residential and commercial fence S_88°41'59"E 545.72' _ F 3/4" C.I.R.F.— "GEER" (R.M.) I I 3/4" I.R.F. T (disturbed) I II I I N01 °39'26"E - - - - - - - 1551.78' ------24 Fire ent Lanne4EMRCC.T.------- T.B.M.#1 I S14; T8 "XCU ELEV.=764N=190,7,4E=2,558,90 I / I I / —763' I S02°01'32"W 1611.88' I C) SIGN I 24' Flre Vane 0 9 — ----- Rip i Ri V — / Rap Ra —762 9 V I/ Rip \ Rap / =-Rip' = --- \ \I Rap V I V I --- w. \ I I � I I I l I I I \ IdI I I \ II I \ I I\ I \ I I \ / U4 \ /I / I I \ I \ \ I I I I\ II I \ \I \ I,I \ I I I I I I I 25' Building Line M] i ,759 U4 t —1 — — — — X I U4 I I U_ L m I I I I \ I I I I Pipe I I I i n Electric Box I I J Rip I Rap 0 < .R.F. BEARS; )'13"E 0.29' �60 / vault N88041'59" WM M 535.74' / 60' Right —of —Way Dedication _ — `� / `\ Vol. Q, Pg. 604, M.R.C.C.T. —759��s8•� SNdnTI Pipe / — — --_ — — — — — — — — — — - - - -- — --- 760' — —_---- — -- —7R7'------------- 760'-------------- -- �o I i\497 — t', v 24" RCP Rip Rap v wets STATE OF TEXAS § § CONSTRUCTION AGREEMENT COUNTY OF COLLIN § This Construction Agreement ("Agreement") is made and entered into this day of 20 by and between the City of Anna, Texas (the "Owner") and Bill's Fence Company, Inc. (the "Contractor") acting by and through their authorized representatives and in exchange for the mutual covenants set forth herein and other valuable consideration, the sufficiency and receipt of which is hereby acknowledged, the parties agree as follows: Article I Work and Term 1.1 The Contractor shall perform all the work specified in the Contract Documents. The work is generally described as follows: Install a 6' vinyl coated chain link fence, with gates, around the perimeter of Bryant Park. 1.2 The term of this Agreement shall begin on the last date of execution hereof (the "Effective Date") and continue until completion of the services provided herein. Article II Contract Documents 2.1 The Contract Documents shall include all documents enumerated in the General Provisions, as well as the documents identified herein. Every provision of the Contract Documents below is incorporated into this Agreement by reference. The Contract Documents referenced below are in descending order of precedence. Any conflict between or among any of the Contract Documents shall be resolved in favor of the document with higher precedence. A. This Agreement; B. Properly authorized change orders; C. Bid materials distributed by the City of Anna that relate to the Project; and D. Contractor's proposal. Article III Scope of Work 3.1 Contractor shall perform all the work specified in the Contract Documents. 3.2 Schematic Design Documents, Design Development Documents, Contract Documents, drawings, plans, specifications and other documents, including those in electronic CA-1 Fence Installation at Bryant Park form, prepared by Contractor and its consultants, agents, representatives, and/or employees in connection with the Project are intended for the use and benefit of Owner. Contractor and its consultants, agents, representatives, and/or employees shall be deemed the authors of their respective part of said Project documents. Notwithstanding, Owner shall own, have, keep and retain all rights, title and interest in and to all Project documents, including all ownership, common law, statutory, and other reserved rights, including copyrights, in and to all such Project documents, whether in draft form or final form, which are produced at its request and in furtherance of this Agreement or the Project. Owner shall have full authority to authorize Contractor, Subcontractors, consultants, and material or equipment suppliers to reproduce applicable portions of the Project documents to and for use in their execution of the work or for any other purpose. All materials and reports prepared by Contractor in connection with this Agreement are "works for hire" and shall be the property of Owner. Contractor shall upon completion of the services, or earlier termination, provide Owner with reproductions of all materials reports, and exhibits prepared by Contractor pursuant to this Agreement, and in electronic format if requested by Owner. Article IV Compensation and Method of Payment 4.1 Owner shall pay the Contractor no more than $113,857, subject to additions and deductions, for completion of the work in accordance with the Contract Documents using current funds. 4.2 Contractor agrees to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the Work at Contractor's own cost and expense. Article V Notice to Proceed The Contractor shall not proceed with any work required under this Agreement without a written Notice to Proceed from City. Article VI Relationship of Parties It is understood and agreed by and between the parties that in satisfying the conditions of this Agreement, the Contractor is acting independently, and that Owner assumes no responsibility or liabilities to any third party in connection with these actions. All services to be performed by Contractor pursuant to this Agreement shall be in the capacity of an independent contractor, and not as an agent or employee of Owner. Contractor shall supervise the performance of its services and shall be entitled to control the manner and means by which its services are to be performed, subject to the terms of this Agreement. CA-2 Fence Installation at Bryant Park Article VII Insurance 7.1 Procurement and Evidence of Insurance. Prior to commencing the Services, and continuing until all Services to be performed under this Agreement have been completed, Contractor shall purchase and maintain insurance with a company or companies qualified to do business in Texas and rated at least "A" by AM Best or other equivalent rating service. All such insurance, with the exception of workers compensation, shall name Owner as an additional insured and provide for a waiver of subrogation against Owner for injuries, including death, property damage, or any other loss to the extent the same is covered by the proceeds of the insurance. Each policy and renewals or replacements thereof shall provide that it will not be canceled, non -renewed or material change except with thirty (30) days advance written notice ten (10) days for non- payment of premium) to City. Evidence of such insurance shall be provided to Owner by delivering certificates of insurance. 7.2 Coverage and Limits. The insurance required under this Paragraph shall provide for the following coverages and limits: a. Workers' compensation and employers' liability insurance as required by applicable law and the Special Provisions to this Agreement. b. Commercial general liability insurance for bodily injury and property damage, including limited contractual liability coverage in not less than the following amounts: i. General Aggregate Limit $2,000,000 each occurrence ii. Each Occurrence Limit $1,000,000 each occurrence; and 7.3 Commercial automobile liability insurance coverage, including non -owned and hired, covering all owned, hired or non -owned vehicles including the loading or unloading thereof with limits not less than $1,000,000. than: 7.4 Umbrella liability insurance covering all operations with limits of liability not less Bodily Injury and Property Damage Liability $5,000,000 each occurrence $5,000,000 aggregate CA-3 Fence Installation at Bryant Park Article VIII Miscellaneous 8.1 Entire Agreement. This Agreement constitutes the sole and only agreement between the parties and supersedes any prior understandings, written or oral agreements between the parties with respect to this subject matter. 8.2 Authorization. Each party represents that it has full capacity and authority to grant all rights and assume all obligations granted and assumed under this Agreement. 8.3 Assignment. Contractor may not assign this Agreement in whole or in part without the prior written consent of Owner. 8.4 Successors and Assigns. Subject to the provisions regarding assignment, 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 assigns. 8.5 Governing Law. The Agreement shall be governed by the laws of the State of Texas, without giving effect to any conflicts of law rule or principle that might result in the application of the laws of another jurisdiction; and venue for any action concerning this Agreement shall be in the State District Court of Collin County, Texas. The parties agree to submit to the personal and subject matter jurisdiction of said court. 8.6 Amendments. This Agreement may be amended by the mutual written agreement of the parties. 8.7 Severability. In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions, and the Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in it. 8.8 Survival of Covenants. Any of the representations, warranties, covenants, and obligations of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the termination of this Agreement shall survive termination. 8.9 Recitals. The recitals to this Agreement are incorporated herein. 8.10 Notice. Any notice required or permitted to be delivered hereunder may be sent by first class mail, overnight courier or by confirmed telefax or facsimile to the address specified below, or to such other party or address as either party may designate in writing, and shall be deemed received three (3) days after delivery set forth herein: CA-4 Fence Installation at Bryant Park If intended for Owner: City of Anna Attn: Jim Proce City Manager 120 West Seventh St Anna, Texas 75409 If intended for Contractor: Bill's Fence Company, Inc. Attn: Victor Hutchens Project Estimator/Drafter 1511 South Texas Ave. #227 College Station, TX 77840 8.11 Counterparts, This Agreement may be executed by the parties hereto in separate counterparts, each of which when so executed and delivered shall be an original, but all such counterparts shall together constitute one and the same instrument. Each counterpart may consist of any number of copies hereof each signed by less than all, but together signed by all of the parties hereto. 8.12 Exhibits. The exhibits attached hereto are incorporated herein and made a part hereof for all purposes. 8.13 Indemnification. OWNER SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE, OR INJURY OF ANY KIND OR CHARACTER TO ANY PERSON OR PROPERTY ARISING FROM THE SERVICES OF CONTRACTOR PURSUANT TO THIS AGREEMENT. CONTRACTOR WAIVES ALL CLAIMS AGAINST OWNER, ITS OFFICERS, AGENTS AND EMPLOYEES (COLLECTIVELY REFERRED TO IN THIS SECTION AS THE "CITY") FOR DAMAGE TO ANY PROPERTY OR INJURY TO, OR DEATH OF, ANY PERSON ARISING AT ANY TIME AND FROM ANY CAUSE OTHER THAN THE NEGLIGENCE OR WILLFUL MISCONDUCT OF OWNER. CONTRACTOR AGREES TO INDEMNIFY AND SAVE HARMLESS OWNER FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES, CLAIMS, SUITS, COSTS (INCLUDING COURT COSTS, ATTORNEYS' FEES AND COSTS OF INVESTIGATION) AND ACTIONS BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR DAMAGE TO OR LOSS OF PROPERTY TO THE EXTENT CAUSED BY CONTRACTOR'S NEGLIGENT PERFORMANCE OF SERVICES UNDER THIS AGREEMENT OR BY REASON OF ANY ACT OR OMISSION ON THE PART OF CONTRACTOR, ITS OFFICERS, DIRECTORS, SERVANTS, AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, SUCCESSORS OR PERMITTED ASSIGNS (EXCEPT WHEN SUCH LIABILITY, CLAIMS, SUITS, COSTS, INJURIES, DEATHS OR DAMAGES ARISE FROM OR ARE ATTRIBUTED TO SOLE NEGILGENCE OF OWNER). IF ANY ACTION OR PROCEEDING SHALL BE BROUGHT BY OR AGAINST CITY IN CONNECTION WITH ANY SUCH LIABILITY OR CLAIM, CONTRACTOR, ON NOTICE FROM OWNER, SHALL DEFEND SUCH ACTION OR PROCEEDINGS AT CONTRACTOR'S EXPENSE, BY OR THROUGH ATTORNEYS REASONABLY CA-5 Fence Installation at Bryant Park SATISFACTORY TO OWNER. CONTRACTOR'S OBLIGATIONS UNDER THIS SECTION SHALL NOT BE LIMITED TO THE LIMITS OF COVERAGE OF INSURANCE MAINTAINED OR REQUIRED TO BE MAINTAINED BY CONTRACTOR UNDER THIS AGREEMENT. THIS PROVISION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT 8.14 Legal Construction. In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect other provisions, and it is the intention of the parties to this Agreement that in lieu of each provision that is found to be illegal, invalid, or unenforceable, a provision shall be added to this Agreement which is legal, valid and enforceable and is as similar in terms as possible to the provision found to be illegal, invalid or unenforceable. 8.15 Conflicts of Interests. Contractor represents that no official or employee of Owner has any direct or indirect pecuniary interest in this Agreement. (signature page to follow) CA-6 Fence Installation at Bryant Park EXECUTED on this day of , 2022. OWNER, City of Anna, Texas Jim Proce, City Manager Attest: EXECUTED on this day of , 2022. By: Name: Title: Attest: CA-7 Fence Installation at Bryant Park CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A CONSTRUCTION AGREEMENT WITH BILL'S FENCE COMPANY, INC. TO INSTALL A VINYL -COATED CHAIN LINK FENCE AROUND THE PERIMETER OF BRYANT PARK. WHEREAS, the City Council of the City of Anna, Texas, ("City Council") finds that the construction agreement with Bill's Fence Company, Inc. is instrumental and necessary to the installation of a fence around Bryant Park; and WHEREAS, the City Council considers the activation of Bryant Park to be beneficial to the neighbors of Anna, Texas, meeting several goals and objectives set forth in the Strategic Plan adopted by City Council; and WHEREAS, the City Council approves the proposed construction agreement with Bill's Fence Company, Inc, to include the following fee: "The total amount for fiscal year 2022: $113,857" 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 as set forth in full. Section 2. Approval and Authorization of Agreement. The City Council hereby approves the extension attached hereto as Exhibit 1 to enter into a construction agreement with Bill's Fence Company, Inc. and ratifies and approves the City Manager's execution of the same. The City Manager is hereby authorized to execute all documents and to take all other actions necessary to finalize and enforce the construction agreement with Bill's Fence Company, Inc. PASSES AND APPROVED by the City Council of the City of Anna, Texas, on this 28t" day of June 2022. APPROVED: ATTEST: Mayor Nate Pike City Secretary Carrie Land THE CITY OF Anna City Council Agenda Staff Report Meeting Date: 6/28/2022 Staff Contact: Dalan Walker AGENDA ITEM: Approve a Resolution authorizing the City Manager to execute a Construction Agreement with Musco Sports Lighting, LLC, under Buy Board Contract 592-19, for the installation of athletic field lights for two baseball fields at Johnson Park. (Park Planning and Development Manager Dalan Walker) SUMMARY: The Construction Agreement with Musco Sports Lighting, LLC under Buy Board Contract 592-19 is for work associated with the installation of athletic field lights for both baseball fields at Johnson Park. Bonds will be issued once the contractor receives a Purchase Order. Design, manufacturing and delivery is expected to take approximately eight weeks. Once the equipment arrives on site, Musco will need four weeks for installation. FINANCIAL IMPACT: The project will cost $319,211 and is funded by the Park Development Fund. There will be future costs associated with electricity use and maintenance. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 3: Great Place to Live STAFF RECOMMENDATION: Approve a Construction Agreement with Musco Sports Lighting, LLC for the installation of athletic field lights at Johnson Park in the amount of $319,211. ATTACHMENTS: 1. Johnson Ballfield Lights - Musco Sports Lighting LLC - Construction Agreement 2. Johnson Park Anna Texas Buy Board Quote from Musco 3. Johnson Park Anna Pole Locations 4. Resolution for Construction Agreement with Musco Sports Lighting LLC - Johnson Park 5. Musco Sports Lighting Apr 2022 Buy Board Contract 592-19 APPROVALS: Dalan Walker, Parks Created/Initiated - 6/23/2022 Terri Doby, Budget Manager Approved - 6/23/2022 Jim Proce, City Manager Final Approval - 6/23/2022 r171 rJJ�`Jr1L 1`/l��fl�`J� June 24, 2022 �r�! LrI�LJ ! Jrrl-ram rYr JJrJI`J�J�`J �00,t) �O"°, W , THE CITY OF All -Ma I\jjJ�r� Ffr� I1rr171l�Jr �00,b 0 W , THE CITY OF manna Johnson Park e W. a FF�� JJJ��r��i T E r 4 r Legend ` �� ma`s.. • - ������'" � -. � . � -��. � Light Pole Ncl� j t - JL- VR h Rj k } 1� - "-- #t I\jjJ�r� Ffr� I1rr171l�Jr 3 li 4 4 r = lrj1 PJ i;iiiiJ < < t+,; J 1 Lbtad d Pamir ,a �Jll Jill" i'1 r r .X:.it so r = rat f - W11lad THE CITY OF All -Ma I\jj !j�r� Ffr� I1rr171l�Jr r 91 J 5� '�.,1 . ;�111 I�.:1: = ,' 11: lit 6i = n 1`J1!.�x:�`s Arif 1l�:1!. 3ty-1. :-IjtjjjJ tutillwebe : `/ h1: tir �1ohi1it �", ��r-J,��--�ll�`/ =11J !1= �l� r=1�.:.� pl: I<<' 91!jur11=h "1=mzivr1.;olur }J yi:�=tz, hid1 al11: lubje idm=tat=b i, = t'-i�� '.-At torso -1]t 11 �it 1.-`Jj19� r 1< < r=11:�1..� I1iL 1.:1: ji.;j )q I< < - r:11.p k+; vu-iol-Me luvin llala5 lur J.:E.0) ` ij to :-jjjf � irllje mrair-jePillwit ul 'J!J!Jr i;pt.:jjlj THE CITY OF All -Ma r171 rJJ�`Jr1L 1`/l��fl�`J� June 24, 2022 �r�! LrI�LJ ! Jrrl-ram rYr JJrJI`J�J�`J �00,t) �O"°, W , THE CITY OF All -Ma STATE OF TEXAS § § COUNTY OF COLLIN § CONSTRUCTION AGREEMENT This Construction Agreement ("Agreement") is made and entered into this day of 20 by and between the City of Anna, Texas (the "Owner") and Musco Sports Lighting, LLC (the "Contractor") acting by and through their authorized representatives and in exchange for the mutual covenants set forth herein and other valuable consideration, the sufficiency and receipt of which is hereby acknowledged, the parties agree as follows: Article I Work and Term 1.1 The Contractor shall perform all the work specified in the Contract Documents. The work is generally described as follows: Design, provide and install athletic field lights for two baseball fields at Johnson Park located in Anna, Texas, using pricing from Buy Board Contract 592-19. 1.2 The term of this Agreement shall begin on the last date of execution hereof (the "Effective Date") and continue until completion of the services provided herein. Article II Contract Documents 2.1 The Contract Documents shall include all documents enumerated in the General Provisions, as well as the documents identified herein. Every provision of the Contract Documents below is incorporated into this Agreement by reference. The Contract Documents referenced below are in descending order of precedence. Any conflict between or among any of the Contract Documents shall be resolved in favor of the document with higher precedence. A. This Agreement; B. Properly authorized change orders; C. Buy Board Contract 592-19; and D. Contractor's quote. Article III Scope of Work 3.1 Contractor shall perform all the work specified in the Contract Documents. 3.2 Schematic Design Documents, Design Development Documents, Contract CA-1 Athletic Field Lighting at Johnson Park Documents, drawings, plans, specifications and other documents, including those in electronic form, prepared by Contractor and its consultants, agents, representatives, and/or employees in connection with the Project are intended for the use and benefit of Owner. Contractor and its consultants, agents, representatives, and/or employees shall be deemed the authors of their respective part of said Project documents. Notwithstanding, Owner shall own, have, keep and retain all rights, title and interest in and to all Project documents, including all ownership, common law, statutory, and other reserved rights, including copyrights, in and to all such Project documents, whether in draft form or final form, which are produced at its request and in furtherance of this Agreement or the Project. Owner shall have full authority to authorize Contractor, Subcontractors, consultants, and material or equipment suppliers to reproduce applicable portions of the Project documents to and for use in their execution of the work or for any other purpose. All materials and reports prepared by Contractor in connection with this Agreement are "works for hire" and shall be the property of Owner. Contractor shall upon completion of the services, or earlier termination, provide Owner with reproductions of all materials reports, and exhibits prepared by Contractor pursuant to this Agreement, and in electronic format if requested by Owner. Article IV Compensation and Method of Payment 4.1 Owner shall pay the Contractor no more than $319,211, subject to additions and deductions, for completion of the work in accordance with the Contract Documents using current funds. 4.2 Contractor agrees to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the Work at Contractor's own cost and expense. Article V Notice to Proceed The Contractor shall not proceed with any work required under this Agreement without a written Notice to Proceed from City. Article VI Relationship of Parties It is understood and agreed by and between the parties that in satisfying the conditions of this Agreement, the Contractor is acting independently, and that Owner assumes no responsibility or liabilities to any third party in connection with these actions. All services to be performed by Contractor pursuant to this Agreement shall be in the capacity of an independent contractor, and not as an agent or employee of Owner. Contractor shall supervise the performance of its services and shall be entitled to control the manner and means by which its services are to be performed, subject to the terms of this Agreement. CA-2 Athletic Field Lighting at Johnson Park Article VII Insurance 7.1 Procurement and Evidence of Insurance. Prior to commencing the Services, and continuing until all Services to be performed under this Agreement have been completed, Contractor shall purchase and maintain insurance with a company or companies qualified to do business in Texas and rated at least "A" by AM Best or other equivalent rating service. All such insurance, with the exception of workers compensation, shall name Owner as an additional insured and provide for a waiver of subrogation against Owner for injuries, including death, property damage, or any other loss to the extent the same is covered by the proceeds of the insurance. Each policy and renewals or replacements thereof shall provide that it will not be canceled, non -renewed or material change except with thirty (30) days advance written notice ten (10) days for non- payment of premium) to City. Evidence of such insurance shall be provided to Owner by delivering certificates of insurance. 7.2 Coverage and Limits. The insurance required under this Paragraph shall provide for the following coverages and limits: a. Workers' compensation and employers' liability insurance as required by applicable law and the Special Provisions to this Agreement. b. Commercial general liability insurance for bodily injury and property damage, including limited contractual liability coverage in not less than the following amounts: i. General Aggregate Limit $2,000,000 each occurrence ii. Each Occurrence Limit $1,000,000 each occurrence; and 7.3 Commercial automobile liability insurance coverage, including non -owned and hired, covering all owned, hired or non -owned vehicles including the loading or unloading thereof with limits not less than $1,000,000. than: 7.4 Umbrella liability insurance covering all operations with limits of liability not less Bodily Injury and Property Damage Liability $5,000,000 each occurrence $5,000,000 aggregate CA-3 Athletic Field Lighting at Johnson Park Article VIII Miscellaneous 8.1 Entire Agreement. This Agreement constitutes the sole and only agreement between the parties and supersedes any prior understandings, written or oral agreements between the parties with respect to this subject matter. 8.2 Authorization. Each party represents that it has full capacity and authority to grant all rights and assume all obligations granted and assumed under this Agreement. 8.3 Assignment. Contractor may not assign this Agreement in whole or in part without the prior written consent of Owner. 8.4 Successors and Assigns. Subject to the provisions regarding assignment, 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 assigns. 8.5 Governing Law. The Agreement shall be governed by the laws of the State of Texas, without giving effect to any conflicts of law rule or principle that might result in the application of the laws of another jurisdiction; and venue for any action concerning this Agreement shall be in the State District Court of Collin County, Texas. The parties agree to submit to the personal and subject matter jurisdiction of said court. 8.6 Amendments. This Agreement may be amended by the mutual written agreement of the parties. 8.7 Severability. In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions, and the Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in it. 8.8 Survival of Covenants. Any of the representations, warranties, covenants, and obligations of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the termination of this Agreement shall survive termination. 8.9 Recitals. The recitals to this Agreement are incorporated herein. 8.10 Notice. Any notice required or permitted to be delivered hereunder may be sent by first class mail, overnight courier or by confirmed telefax or facsimile to the address specified below, or to such other party or address as either party may designate in writing, and shall be deemed received three (3) days after delivery set forth herein: CA-4 Athletic Field Lighting at Johnson Park If intended for Owner: City of Anna Attn: Jim Proce City Manager 120 West Seventh St Anna, Texas 75409 If intended for Contractor: Musco Sports Lighting, LLC Attn: Title: Address: 8.11 Counterparts. This Agreement may be executed by the parties hereto in separate counterparts, each of which when so executed and delivered shall be an original, but all such counterparts shall together constitute one and the same instrument. Each counterpart may consist of any number of copies hereof each signed by less than all, but together signed by all of the parties hereto. 8.12 Exhibits. The exhibits attached hereto are incorporated herein and made a part hereof for all purposes. 8.13 Indemnification. OWNER SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE, OR INJURY OF ANY KIND OR CHARACTER TO ANY PERSON OR PROPERTY ARISING FROM THE SERVICES OF CONTRACTOR PURSUANT TO THIS AGREEMENT. CONTRACTOR WAIVES ALL CLAIMS AGAINST OWNER, ITS OFFICERS, AGENTS AND EMPLOYEES (COLLECTIVELY REFERRED TO IN THIS SECTION AS THE "CITY") FOR DAMAGE TO ANY PROPERTY OR INJURY TO, OR DEATH OF, ANY PERSON ARISING AT ANY TIME AND FROM ANY CAUSE OTHER THAN THE NEGLIGENCE OR WILLFUL MISCONDUCT OF OWNER. CONTRACTOR AGREES TO INDEMNIFY AND SAVE HARMLESS OWNER FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES, CLAIMS, SUITS, COSTS (INCLUDING COURT COSTS, ATTORNEYS' FEES AND COSTS OF INVESTIGATION) AND ACTIONS BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR DAMAGE TO OR LOSS OF PROPERTY TO THE EXTENT CAUSED BY CONTRACTOR'S NEGLIGENT PERFORMANCE OF SERVICES UNDER THIS AGREEMENT OR BY REASON OF ANY ACT OR OMISSION ON THE PART OF CONTRACTOR, ITS OFFICERS, DIRECTORS, SERVANTS, AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, SUCCESSORS OR PERMITTED ASSIGNS (EXCEPT WHEN SUCH LIABILITY, CLAIMS, SUITS, COSTS, INJURIES, DEATHS OR DAMAGES ARISE FROM OR ARE ATTRIBUTED TO SOLE NEGILGENCE OF OWNER). IF ANY ACTION OR PROCEEDING SHALL BE BROUGHT BY OR AGAINST CITY IN CA-5 Athletic Field Lighting at Johnson Park CONNECTION WITH ANY SUCH LIABILITY OR CLAIM, CONTRACTOR, ON NOTICE FROM OWNER, SHALL DEFEND SUCH ACTION OR PROCEEDINGS AT CONTRACTOR'S EXPENSE, BY OR THROUGH ATTORNEYS REASONABLY SATISFACTORY TO OWNER. CONTRACTOR'S OBLIGATIONS UNDER THIS SECTION SHALL NOT BE LIMITED TO THE LIMITS OF COVERAGE OF INSURANCE MAINTAINED OR REQUIRED TO BE MAINTAINED BY CONTRACTOR UNDER THIS AGREEMENT. THIS PROVISION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT 8.14 Legal Construction. In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect other provisions, and it is the intention of the parties to this Agreement that in lieu of each provision that is found to be illegal, invalid, or unenforceable, a provision shall be added to this Agreement which is legal, valid and enforceable and is as similar in terms as possible to the provision found to be illegal, invalid or unenforceable. 8.15 Conflicts of Interests. Contractor represents that no official or employee of Owner has any direct or indirect pecuniary interest in this Agreement. (signature page to follow) CA-6 Athletic Field Lighting at Johnson Park EXECUTED on this day of , 2022. OWNER, City of Anna, Texas Jim Proce, City Manager Attest: EXECUTED on this day of , 2022. By: Name: Title: Attest: CA-7 Athletic Field Lighting at Johnson Park M Johnson Park Field Lighting City of Anna, Texas Light Structure System — TLC LED Buy Board Quote Contract Number: 592-19 Commodity: Parks/Rec & Field Lighting Date: June 2, 2022 Equipment Description Light -Structure TLC LED TM System delivered to your site in Five Easy PiecesTM • Pre -cast concrete bases • Galvanized steel poles • UL Listed remote driver component enclosure • Pole length wire harness • Factory -aimed and assembled LED luminaires Also Includes: • 50% less spill and glare light than Musco's prior industry leading technology • Musco Constant 25 TM warranty and maintenance program that eliminates 100% of your maintenance costs for 25 years, including labor and materials • Guaranteed constant light level of 30 footcandles infield and 20 footcandles outfield footcandles for 25 years. • Control Link® Control & Monitoring System for flexible control and solid management of your lighting system • Lighting Contactors • All drawing necessary to obtain electrical permit • Turnkey Installation including electrical • Payment and Performance Bonds Quote Musco's Light Structure TLC LEDTm as described above........................................................$319,211 Pricing reflects the Buy Board Discount Pricing furnished is effective until September 30, 2022. Payment Terms Net 30. Musco will attempt to coordinate shipment so that delivery corresponds with the customer's payment schedule. We will expect payment within the terms described above unless there is a written statement from Musco's corporate headquarters stating the acceptance of different terms. Musco Sports Lighting, LLC • 2009, 2012 1 M-1290-enUS-3 • Delivery to the job site from the time of order, submittal approval, and confirmation of order details including voltage and phase, pole locations is approximately 30-45 days. Due to the built-in custom light control per luminaire, pole locations need to be confirmed prior to production. Changes to pole locations after the product is sent to production could result in additional charges. Notes Quote is based on: • Shipment of entire project together to one location • Two small baseball fields • Structural code and wind speed = 2018 IBC, 115 MPH • Confirmation of pole locations prior to production Thank you for considering Musco for your sports -lighting needs. Please contact me with any questions. Chris Johnson Sales Executive Musco Sports Lighting, LLC Cell: 214-733-2927 E-mail: chris.johnson@musco.com Musco Sports Lighting, LLC • 2009, 2012 2 M-1290-enUS-3 Untitled Map W Write a description for your map. A . Lti wwt I +T �V'•� r Legend r Feature 1 Johnson Park CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A CONSTRUCTION AGREEMENT WITH MUSCO SPORTS LIGHTING, LLC TO INSTALL ATHLETIC FIELD LIGHTING FOR TWO BASEBALL FIELDS AT JOHNSON PARK. WHEREAS, the City Council of the City of Anna, Texas, ("City Council") finds that the construction agreement with Musco Sports Lighting, LLC is instrumental and necessary to the installation of athletic field lighting at Johnson Park; and WHEREAS, the City Council considers the installation of athletic field lighting at Johnson Park to be beneficial to the neighbors of Anna, Texas, meeting several goals and objectives set forth in the Strategic Plan adopted by City Council; and WHEREAS, the City Council approves the proposed construction agreement with Musco Sports Lighting, LLC, to include the following fee: "The total amount for fiscal year 2022: $319,211" 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 as set forth in full. Section 2. Approval and Authorization of Agreement. The City Council hereby approves the extension attached hereto as Exhibit 1 to enter into a construction agreement with Musco Sports Lighting, LLC and ratifies and approves the City Manager's execution of the same. The City Manager is hereby authorized to execute all documents and to take all other actions necessary to finalize and enforce the construction agreement with Musco Sports Lighting, LLC PASSES AND APPROVED by the City Council of the City of Anna, Texas, on this 28t" day of June 2022. APPROVED: ATTEST: Mayor Nate Pike City Secretary Carrie Land BuyBoard Proposal Invitation No. 592-19 Parks and Recreation Equipment and Field Lighting Products Manufacturer: Musco Sports Lighting, LLC Address: 100 1" Ave West City, State, Zip Code: Oskaloosa, IA 52577 Contact: Amanda Hudnut Phone: 800-825-6030 Fax: 641-672-1996 Email: musco.contracts@musco.com Pricing: All prices are stated in USD. Lighting system pricing stated below includes lighting system materials, lighting design & consultant services and delivery within the State of Texas to the job site. Additional freight cost may be incurred outside of the State of Texas.. Terms: Net 30 days upon delivery Light -Structure System'" with Total Light Control — TLC for LED TM technology includes poles, precast concrete bases, LED fixtures, luminaire assemblies, electrical component enclosures and wire harnesses. Light -Structure System'"" with Total Light Control — TLC for LEDTM technology pricing includes a 25-year product assurance & warranty program and Control -Link® Control & Monitoring package. Football Utilizing LED luminaires — Light -Structure SvstemTM Football Field Size Pole Setback Average Maintained Light Level Price for Light -Structure TLC -LED Materials Average Maintained Light Level Price for Light -Structure TLC -LED Materials 360' x 160' 50' 30 fc $173,187 50 fc $255,955 360' x 160' 80' 30 fc $207,789 50 fc $291,604 360' x 160' 100' 30 fc $239,526 50 fc $308,166 360' x 160' 120' 30 fc $240,060 50 fc $340,955 Soccer Utilizing LED luminaires — Light -Structure SvstemT"" Soccer Field Size Pole Setback Average Maintained Light Level Price for Light -Structure TLC -LED Materials Average Maintained Light Level Price for Light -Structure TLGLED Materials 330' x 195' 30' 30 fc $148,644 50 fc $220,619 360' x210' 30' 30 fc $162,554 50 fc $251,332 360' x225' 30' 30 fc $182,890 50 fe $297,906 musco.1 BuyBoard Proposal 592-19 April 2022 Page 1 of 4 BuyBoard Proposal Invitation No. 592-19 Parks and Recreation Equipment and Field Lighting Products Baseball/Softball Utilizing LED luminaires — Light -Structure SystemTM Baseball/Softball Field Type Field Size Average Maintained Light Level Price for Light -Structure TLC -LED Materials Average Maintained Light Level Price for Light -Structure TLC -LED Materials (Inf/Out) (hif/Out) 60' Base Path 200' 30/20 fc $108,384 50/30 fc $144,966 60' Base Path 225' 30/20 fc $131,188 50/30 fc $156,204 60' Base Path 250' 30/20 fc $144,804 50/30 fc $178,564 60' Base Path 300' 30/20 fc $182,516 50/30 fc $221,750 60' Base Path 325' 30/20 fc $194,102 50/30 fc $242,612 90' Base Path 300' 50/30 fc $258,350 70/50 fc $348,617 90' Base Path 30073257300' 50/30 fc $262,695 70/50 fc $357,888 90' Base Path 350' 50/30 fc $312,438 70/50 fc $425,639 90' Base Path 320'/360'/320' 50/30 fc $299,404 70/50 fc $411,766 90' Base Path 330'/400'/330' 50/30 fc $334,626 70/50 fe $5039465 Tennis Utilizing LED luminaires — Light -Structure System.. Tennis # Courts Average Maintained Light Level Price for Light -Structure TLC -LED Materials 2 50 fc $69,743 3 50 fc $81,855 4 50 fc $101,332 6 50 fc $154,316 Basketball Outdoor Utilizing LED luminaires — Light -Structure SystemTM Basketball - Outdoor Average Maintained Light Price for Light -Structure # Courts Level TLC -LED Materials 1 50 fc $57,409 Basketball Indoor Utilizing LED luminaires Basketball - Indoor - 10 year parts and labor warranty # Courts Light Level Price for LID Materials 1— 94' x 50' 80 fc $44,038 Parking Lot Utilizing LED luminaires Parking Lot - 10 year parts and labor warranty Price per Square foot (to be used for alternate size Parking Lot Area Light Level Price for LED Materials areas 320' x200' 1 fc $45,136 $0.71/sgft C1n musco.1 BuyBoard Proposal 592-19 April 2022 Page 2 of 4 BuyBoard Proposal Invitation No. 592-19 Parks and Recreation Equipment and Field Lighting Products Mini -Pitch SystemTM Modular Sports Solution Mini -Pitch System` - 10 year parts and labor warranty Light Level Price for TLC -LED Materials 40' x 84' 25 fc $75,000 50' x 104' 20 fc $80,000 60' x 120' 15 fc $85,000 Supplemental Items Supplemental Items Price for Materials Control -Link Retrofit (adapts to existing contactors - Control Module Only, (1) service up to 7 zones - Warranty is 10 years parts & labor $9,750 TLC for LED' RGB-U Fixture $5,500 fixture TLC for LED' RGBW Fixture $5,500/fixture MuscoVision' - Diamond Field* (5 year parts & labor warranty) $12,000 MuscoVision'- RectangularField/Court* (5year parts & labor warranty) $12,000 *750 hours of streaming included; additional hours available for purchase A. Lighting system pricing stated above includes lighting system materials, lighting design & consultant services and delivery within the State of Texas to the job site. Additional freight may be incurred outside of the State of Texas. B. During the term of this contract, technical upgrades to these products may periodically become available and will be offered to the owner. Bidder reserves the right to supply upgraded technology provided it maintains on -field lighting performance and enhances benefit. C. The pricing is based on using Musco's typical 5700 Kelvin/75 CRI LED fixtures. Other Kelvin & CRI LED fixture combinations are available and may add additional cost. D. The pricing is based on using 480v; other voltage options are available and may add additional cost. E. During the term of this contract if the Building Codes/Wind Speeds change, Bidder reserves the right to adjust pricing accordingly. Quote for bid based on structural code and wind speed of IBC 2015, 115 mph, Exposure C. A change in building code and wind speed will have a direct effect on the bid price based on percentage increase. Alternate price for increasing building code in 10 mph increments (based from 115 mph): State in a value of % over base pricing for each field: 10% per every 10-mph increment. F. Pricing is based on using Musco's Control -Link' Control & Monitoring package. Musco's Show -Light° entertainment services package is available and will increase the equipment cost by 5%. G. Pricing is based on using Musco's Control -Link' Control & Monitoring package. Musco's Show -Light+' entertainment services package is available and will increase the equipment cost by 12%. Musco is not responsible for obtaining rights to or any cost associated with music licenses. H. The pricing can also include equipment installation. Labor and materials for the complete installation, including but not limited to foundations, pole erection, trenching, backfill, conduit, wire, electrical musco.1 BuyBoard Proposal 592-19 April 2022 Page 3 of 4 BuyBoard Proposal Invitation No. 592-19 Parks and Recreation Equipment and Field Lighting Products distribution and service cabinet(s) and site restoration shall utilize the current RS Means pricing, coefficient and must also include the appropriate City Cost Index. I. Manufacturers do not have to list electrical sub -contractors; however, the owner has the right to reject through the submittal process, sub -contractors not licensed with the local jurisdiction. J. Sales tax, labor, and unloading of equipment is not included as part of the materials -only quote. K. Quote based on shipment of entire project together to one location. Delivery time of order, submittal approval, and confirmation of order details including voltage and phase and pole location is approximately 6-8 weeks (standard shipping). L. Confirmation of pole locations required prior to production, due to the built-in custom light control per luminaire. M. This price list should not be considered complete and exhaustive due to the nature of each project being a unique, custom design -build situation. End of Bid CCGO musco.1 BuyBoard Proposal 592-19 April 2022 Page 4 of 4 THE CITY OF Anna AGENDA ITEM: �Ilra'i7►rowm City Council Agenda Staff Report Meeting Date: 6/28/2022 Staff Contact: Terri Doby Approve an Ordinance amending the FY2021 - 2022 Budget to appropriate funding for Medic 3 ambulance, adding fencing to Bryant Park, and adding athletic field lights to Johnson Park. (City Manager Jim Proce) SUMMARY: The proposed budget amendment includes funding for the following purposes: The Fund Balance and Working Capital Reserve Policy that is included in the City's Financial Policies states that it is the goal of the City is to achieve and maintain an unassigned fund balance in the General Fund equal to 40% of total appropriations. A balance of more than 40% is considered excessive. The unassigned fund balance of the General Fund at the end of FY2021 was $6,360,081 or 48.6%, resulting in excess fund balance of $1,563,176. The attached budget amendment amends the existing budget and allows the City Manager to transfer out the excess funds to the Non -Bond Capital Projects Fund. • Fire Machinery & Equipment ($500,000) Acquire a third transport ambulance to begin fire -based EMS operations at Fire Station #2. Included in the costs is a Life Pak 15 Heart Monitor, Lucas CPR Device, Stair Chair, Stryker EMS Cot and Loading System, 2 computers, Cradle Point, DSHS Licensing, and Mobile Radio with Dual Heads. Park Development is funded by park development fees as stipulated in either developer agreements or the subdivision ordinance. These funds are used to fund the City's parks master plan through development, improvement, or maintenance of the City's parks. Revenues in FY2022 are exceeding expectations. • Bryant Park Fencing ($114,000) Bryant Park is being activated to serve as practice space for youth sports and to provide fields for a youth soccer program that is being started by the Neighborhood Services Department. The allocated funding will be for the construction of a 6' black vinyl -coated chainlink fence around the perimeter. • Johnson Park Lighting ($320,000) The allocated funding will be for the installation of athletic field lights for two baseball fields at Johnson Park. FINANCIAL IMPACT: Amend the FY2022 Adopted Budget. 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 Third Quarter Budget Amendment Ordinance 2. Third Quarter Budget Amendment Exhibit A 3. Third Quarter Budget Amendment Exhibit B APPROVALS: Terri Doby, Budget Manager Created/Initiated - 6/23/2022 Jim Proce, City Manager Final Approval - 6/23/2022 CITY OF ANNA ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 936-2021 ADOPTING THE BUDGET FOR THE 2021-2022 FISCAL YEAR; PROVIDING FOR SAVINGS, SEVERABILITY, AND REPEALING CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, on September 14, 2021, the City Council of the City of Anna, Texas ("City Council"), after a duly noticed public hearing as required under Texas Local Gov't Code §102.106, and in accordance with applicable provisions of the City of Anna, Texas Home -Rule Charter ("Charter"), adopted a budget of all municipal appropriations and expenditures for the 2021-2022 fiscal year; and WHEREAS, the City is authorized to make this budget amendment by majority vote of the City Council under Section 7.09 of the Charter; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: SECTION 1. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this ordinance for all purposes and are adopted as a part of the judgment and findings of the City Council with respect to the budget amendments described herein. SECTION 2. The City Council of the City officially finds, determines, and declares that the City of Anna 2021-2022 fiscal year budget is hereby amended with respect to its General Fund as set forth in the original budget adopted under Ordinance No. 936-2021 by replacing the information regarding said funds with the information relating to said funds set forth in the attached Exhibit A, incorporated herein for all purposes. SECTION 4. Upon adoption and execution of this ordinance, the City Secretary is directed to attach same and its exhibits to the original City of Anna 2021-2022 fiscal year budget in all places where said budget is filed as of public record or posted for public inspection. SECTION 5. If any provision of this ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this ordinance would have been enacted without such invalid provision. SECTION 6. It is officially found, determined, and declared that the meeting at which this ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including PAGE 1 OF 2 this ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. PASSED, APPROVED, AND ADOPTED on first and final reading on this 28th day of June, 2022. ATTESTED: APPROVED: City Secretary, Carrie Land Mayor, Nate Pike PAGE 2OF2 GENERALFUND ,ccount Dept Account Title Budget Change Budget 00-400-50210 Sales Tax Revenue - General $ 2,336,370 $ 400,000 $ 2,736,37( TOTAL REVENUE $ 400,000 NON -BOND CAPITAL PROJECTS Revised Account Dept Account Title Budget Change Budget 100-400-98100 Administration Transfers Out (Non -Bond Capital) $ 400,000 $ 500,000 $ 900,000 530-400-59910 Administration Transfers In $ 400,000 $ 500,000 $ 900,000 Justification: Transfer out to the Non -Bond Capital Projects Fund from General Fund fund balance in excess of 40%. Revised WRudaet Account Account Title Budget Change 530-543-69110 Fire Tools & Equipment $ $ 325,000 $ 325,000 530-543-62910 Fire IT Supplies $ $ 14,000 $ 14,000 530-543-62110 Fire Machinery & Equipment $ $ 161,000 $ 161,000 TOTAL $ 500,000 Justification: Acquire a third transport ambulance to begin fire -based EMS operations at the new Fire Station #2. Included in the costs is a Life Pak 15 Heart Monitor, Lucas CPR Device, Stair Chair, Stryker EMS Cot and Loading System, 2 computers, Cradle Point, DSHS Licensing, and Mobile Radio with Dual Heads. PARK DEVELOPMENT FUND Revised ,ccount Dept Account Title Budget Change Budget 72-558-51910 Park Development Developer Fees $ 986,000 $ 434,000 $ 1,420,00( TOTAL REVENUE $ 434,000 Project Number / Name Budget Change Budget TBD / Bryant Park $ - $ 114,000 $ 114,000 Justification: Bryant Park is being activated to serve as practice space for youth sports and to provide fields for a youth soccer program that is being started by the Neighborhood Services Department. The allocated funding will be for the construction of a 6' black vinyl -coated chainlink fence around the perimeter of Bryant Park. Revised roject Number / Name Budget Change Budget 02X-0372 / Johnson Park $ 18,783 $ 320,000 $ 338,78" ustification: he allocated funding will be for for the installation of athletic field lights for two baseball fields at Johnson Park. CITY OF ANNA GENERAL FUND BY CATEGORY BEGINNING BALANCES REVENUES: Property Taxes Sales Tax Charges for Services Licenses and Permits Franchise and Local Taxes Investment Income Other Revenues Intergovernmental Fines TOTAL OPERATIONAL REVENUE Transfers from other funds Actual Budget Adopted Revised 2019-20 2020-21 2021-22 2021-22 $ 5,941,424 $ 6,445,513 $ 6,470,011 $ 6,470,011 $ 6,095,539 $ 6,736,415 $ 8,015,000 $ 8,015,000 2,271,318 2,552,500 2,760,000 3,296,370 188,258 151,600 254,700 254,700 2,683,906 2,603,700 3,525,000 3,559,960 657,331 601,600 485,000 485,000 102,302 70,000 30,000 30,000 56,024 13,300 16,300 16,300 123,195 133,195 48,395 48,395 97,374 80,000 90,000 90,000 $ 12,275,247 $ 12,942,310 $ 15,224,395 $ 15,795,725 TOTAL REVENUES $ 12,275,247 $ 12,942,310 $ 15,224,395 $ 15,795,725 TOTAL AVAILABLE RESOURCES $ 18,216,671 $ 19,387,823 $ 21,694,406 $ 22,265,736 EXPENDITURES: Payroll Supplies Maintenance Services Debt Service Capital Outlay Capital Improvement TOTAL OPERATIONAL EXPENDITURES Transfers to other funds $ 6,890,375 $ 8,789,785 $ 11,841,587 $ 11,920,117 442,162 604,142 620,991 620,991 386,397 234,360 224,300 224,300 2,232,696 2,459,032 2,521,876 2,521,876 57,359 - - - 147,393 394,826 - 22,500 - 350,000 - - $ 10,156,382 $ 12,832,145 $ 15,208,754 $ 15,309,784 1,614,776 2,007,779 400,000 900,000 TOTAL EXPENDITURES $ 11,771,158 $ 14,839,924 $ 15,608,754 $ 16,209,784 ENDING FUND BALANCES $ 6,445,513 $ 4,547,899 $ 6,085,652 $ 6,055,952 Fund Balance Percentage 63% 35% 40% 40% ANNUAL BUDGET FOR FISCAL YEAR 2022 THE CITY OF Anna �IMM1 ►1'.WN1111 City Council Agenda Staff Report Meeting Date: 6/28/2022 Staff Contact: Terri Doby AGENDA ITEM: Monthly Financial Report for the Month Ending May 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 May 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 May APPROVALS: Terri Doby, Budget Manager Created/Initiated - 6/23/2022 Jim Proce, City Manager Final Approval - 6/23/2022 REVENUES General Fund Property Taxes Sales Tax Franchise and Local Taxes Charges for Services Fines Licenses, Permits & Fees Investment Income Other Revenues Intergovernmental 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 May 31, 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 $ 2,896,370 485,000 111,600 90,000 3,703,060 30,000 16,300 48,395 $ 15,395,725 $ 7,992,651 2,113,931 498,991 83,700 147,687 4,599,804 23,751 19,582 47,640 15,527,737 99.7 % 73.0 % 102.9% 75.0% 164.1 % 124.2% 79.2% 120.1 % 98.4% 100.9% $ 15,309,784 $ 9,349,094 61.1 % $ 6,000,000 $ 3,906,585 3,600,000 2,726,337 1,100,000 1,150,467 745,000 440,897 505,000 1,913,149 20,000 16,456 188,700 168,950 $ 12,158,700 $ 10,322,841 $ 1,219,038 $ 953,297 5,654,073 4,007,410 4,712,683 2,557,286 1,100,000 990,230 560,311 231,072 $ 13,246,105 $ 8,739,295 65.1 % 75.7% 104.6% 59.2% 378.8% 82.3% 89.5% 84.9% 78.2% 70.9% 54.3% 90.0% 41.2% 66.0% ScheduleCITY OF ANNA For the month A. Change 2021-22 Collections from 2020-21 Collections 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 435,037 28.4% 338,879 February 416,044 42.3% 292,405 March 583,700 32.4% 441,021 April 494,472 31.6% 375,823 May 385,457 June 467,686 July 432,097 August 406,214 September 453,292 $ 3,382,290 $ 4,687,804 Budget: 4,526,370 74.7% 4,300,000 Monthly Sales Tax Collections: 3 Year Comparison $700,000 $600,000 .. ......... ......... ......... .............. .... $500,000 $400, 000 $300,000 $200,000 $100, 000 $0 z cc�Z, ei O° 40 O�Ge, �a� ���� PJ '' e, N FY2021-22 u FY2020-21 u FY2019-20 OF ANNA ReceivedCITY Building Permits Fiscal Year i2020-21 Monthly Monthly October 75 98 November 89 124 December 68 83 January 102 53 February 208 125 March 141 104 April 137 117 May 39 60 June 95 July 114 August 154 September 120 859 1,247 .Budget FY2022 Budget: 1,100 78.1 % Monthly Building Permits Received: 2 Year Comparison 250 200 150 100 50 0 ■ FY2021-22 ■ FY2020-21 THE CITY OF Anna irMM1►nrin, City Council Agenda Staff Report Meeting Date: 6/28/2022 Staff Contact: Ross Altobelli AGENDA ITEM: Consider/Discuss/Action on a Resolution regarding Anna Town Square Addition, Block A, Lot 2 Development Agreement. (Director of Development Services Ross Altobelli) 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: The applicant is proposing the same material standards and percentages approved by the Council for Phase 1 of the project. ATTACHMENTS: 1. Resolution - DA (The Grand at Anna Town Square) 2. Exhibit A (DA & Exhibits) The Grand PH 2 APPROVALS: Lauren Mecke, Planning Manager Created/Initiated - 6/20/2022 Ross Altobelli, Director of Development Services Approved - 6/22/2022 Jim Proce, City Manager Final Approval - 6/23/2022 CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A DEVELOPMENT AGREEMENT WITH GRAND AT ANNA II OWNER, LLC RELATING TO DEVELOPMENT AND DESIGN REGULATIONS FOR MULTIPLE -FAMILY RESIDENCE DEVELOPMENT LOCATED ON THE WEST SIDE OF FINLEY BOULEVARD, 510± FEET SOUTH OF FLORENCE WAY. WHEREAS, Grand at Anna II Owner, LLC is the Property Owners of real estate generally located on the west side of Finley Boulevard, 510± feet south of Florence Way; and WHEREAS, Property Owners desire to rezone the subject property to allow residential uses; and WHEREAS, Property Owners have agreed to development and design regulations should the City approve rezoning the property. 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 The City Council hereby approves the Development Agreement with Grand at Anna II Owner, LLC., attached hereto as Exhibit A, and ratifies and approves the City Manager's execution of the same. The City Manager is hereby authorized to execute all documents and take all other actions necessary to finalize, act under and enforce the Agreement. PASSED by the City Council of the City of Anna, Texas, on this 28th day of June 2022. ATTESTED: APPROVED: Carrie L. Land, City Secretary Nate Pike, Mayor EXHIBIT "A" DEVELOPMENT AGREEMENT n W Development Agreement - Anna Town Square Addition, Block A, Lot 2 (The Grand at Anna II) THE CITY OF Anna n ►A Proposed DA Standards: Building Material • Multiple -family residences — min. 75% masonry required for exterior walls with no more than 25 /o cementitious siding. • 75% of units to have outdoor living space (balcony, patio, etc.) • 4 Architectural design features per building. Approval in no ways puts an obligation on the City Council to approve the zoning amendment request. It only puts in place development and design regulations should the decision be made to approve the request. THE CITY OF Anna DEVELOPMENT AGREEMENT This Development Agreement (this "Agreement") is entered effective as of June 3, 2022 ("Effective Date") between and among the City of Anna, Texas, a Texas home -rule municipality ("City") and Grand at Anna II Owner, LLC ("Property Owner") as follows: RECITALS WHEREAS, the Property Owner is the sole owner of 11.1±acres of real property described in Exhibit 1 and depicted on Exhibit 2, (the "Property"); and, WHEREAS, Property Owner has applied to rezone the Property to allow for Planned Development -Multiple -Family - High Density (PD-MF-2) to allow for multiple -family residences 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 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: 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. Development and use of the Property, including, without limitation, the construction, installation, maintenance, repair, and replacement of all buildings and all other improvements and facilities of any kind whatsoever on and within the Property, shall be in compliance with City Regulations 1�Page unless expressly stated to the contrary in this Agreement. City Regulations shall apply to the development and use of the Property unless expressly set forth to the contrary in this Agreement. It is expressly understood and the Parties agree that City Regulations applicable to the Property and its use and development include but are not limited to City Code provisions, ordinances, design standards, uniform codes, zoning regulations not affected by this Agreement, and other policies duly adopted by the City including without limitation any such regulations or requirements that were affected by the passage of Texas H.B. 2439, 86(R), codified as Chapter 3000 of the Texas Government Code ("Materials and Methods Regulations"), which are collectively incorporated herein as if set forth in full for all purposes; provided, however, to the extent of any conflict between the requirements of Materials and Methods Regulations and the requirements of this Agreement, this Agreement shall control. For purposes of this Agreement, "City Regulations" mean the City's applicable development regulations in effect on the Effective Date, including without limitation City Code provisions, ordinances (including, without limitation, all development fees), design standards, and other policies duly adopted by the City; provided, however, that as it relates to public infrastructure for any given phase of the Project, the applicable construction standards (including, without limitation, uniform building codes) shall be those that the City has duly adopted at the time of the filing of an application for a preliminary plat for that phase unless construction has not commenced within two years of approval of such preliminary plat in which case the construction standards shall be those that the City has duly adopted at the time that construction commences. With respect to all structures/development within the PD-MF-2 Zoning District, 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, which are incorporated herein as if set forth in full for all purposes, and with the following standards (in the event of any conflict, the following listed standards shall govern). Multiple -Family Residence Buildings A. All multi -family buildings and structures shall have at least seventy-five percent (75%), for the first three stories of the total exterior walls above grade level, excluding doors and windows, and recessed balcony areas (should be allowed as plane break), constructed of masonry (brick, stone, pre -cast stone, and other similar veneer material) or Stucco materials with no more than (25%) consisting of cementitious siding (Hardie products). B. Roofing materials of for buildings and structures must be architectural roof shingles, said shingles shalt be accompanied with a minimum 25-year warranty. Under no circumstances shall three -tab shingles be used as roofing material. C. Accessory buildings shall use similar building and roofing materials as those used on the primary buildings. D. A covered entry area shall be designed at the main entry to each building. E. A minimum of 75% of all units must have one of the following design features: a true balcony, 2�Pagc stoop, or patio to create outdoor living space. F. Four architectural design features are required on facades facing public streets, parking and common areas. Acceptable architectural design features may include but are not limited to: 1) Articulation of bung facade, 2) Extensions to the building through bay or box windows, and other similar features projecting out from the facade, 3) A horizontal change in building materials between stories of a building, 4) Variation in building materials between vertical intervals, 5) Variations in window placement, 6) Architectural features such as shutters, awnings, dormers, chimneys, decorative moldings or ornamental details, and 7) Roof height, pitch, ridgelines and materials shall be varied to create visual interest and avoid repetition. SECTION 3. NOTICES. 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 Attn: City Manager To Property Owner: Grand at Anna II Owner, LLC 300 Crescent Court, Suite 1425 Dallas, TX 75201 Attn: Anthony W. Long 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 default of the Property Owner. Notwithstanding the foregoing or any other provision of this Agreement, this 3�Page 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 -Multiple -Family Residential - High Density (PD-MF-2), 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. 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 (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. 13. The Defaulting Owner, or its heirs, successors or assigns, or subsequent owners of the Property (collectively, the "Defaulting Developer Parties') shall be liable to pay to the City the sum of $2,000 for each failure to fully comply with the development standards set forth in Section 3 of this Agreement. The Defaulting Developer Parties shall be liable to pay the City said $2,000 sum per day for each day that such failure to comply occurs. The sums of money to be paid for such failure(s) is not to be considered as a penalty, but shall be deemed, taken and treated as reasonable liquidated damages that accrue per day that such a failure shall exist or occur. The said amounts are fixed and agreed upon by the parties because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the City in such event would sustain; and said amounts are agreed to be the amounts of damages which the City would sustain. Notwithstanding the foregoing, none of the Defaulting Developer Parties shall be liable to pay the liquidated damages that accrue under this paragraph unless there is a breach of any material term or condition of this Agreement and such breach remains uncured after forty-five (45) calendar days following receipt of written notice from the City provided in accordance with this Agreement describing said breach in reasonable detail (or, if the cure of the breach has diligently and continuously been undertaken but reasonably requires more than forty-five (45) calendar days to cure, then such additional amount of time as is reasonably necessary to effect the cure, as determined by both Parties mutually and in good faith but in no event shall such additional period exceed 120 days unless agreed to in writing by the parties to this Agreement). In the event of a breach that is not timely cured in 4�P�ge accordance with this paragraph, the sum of liquidated damages shall be calculated to include each and every day of the occurrence of the breach beginning on the date that the City first provided written notice of such breach under this paragraph and the City shall not be required to provide any subsequent written notices as to subsequent dates or times during which such breach is repeated or continues to occur. C. The non -defaulting party will additionally have any and all remedies available to it at equity or in law. Notwithstanding the foregoing, Defaulting Owner shall not be liable for the remedies under this Section 5 unless there is a breach of any material term or condition of this Agreement and such breach remains uncured after forty-five (45) calendar days following receipt of written notice from the City provided in accordance with this Agreement describing said breach in reasonable detail (or, if the cure of the breach has diligently and continuously been undertaken but reasonably requires more than forty-five (45) calendar days to cure, then such additional amount of time as is reasonably necessary to effect the cure, as determined by both Parties mutually and in good faith but in no event shall such additional period exceed 120 days unless agreed to in writing by the parties to this Agreement). SECTION 6. BINDING ON SUCCESSORS, AGREEMENT RUNS WITH THE LAND. 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 and Developers. SECTION 7. 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 OFFICIALS OFFICERS AGENTS SERVANTS AND EMPLOYEES FROM AND AGAINST ALL THIRD -PARTY CLAIMS SUITS JUDGMENTS DAMAGES AND DEMANDS AGAINST THE CITY WHETHER REAL OR ASSERTED INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEY'S FEES RELATED EXPENSES EXPERT WITNESS FEES CONSULTANT FEES AND OTHER COSTS (TOGETHER "CLAIMS") ARISING OUT OF THE NEGLIGENCE OR OTHER WRONGFUL CONDUCT OF THE INDEMNIFYING PARTY INCLUDING THE NEGLIGENCE OR OTHER WRONGFUL CONDUCT OF ANY OF ITS EMPLOYEES CONTRACTORS SUBCONTRACTORS MATERIAL MEN AND AGENTS IN CONNECTION WITH THE DESIGN OR CONSTRUCTION OF ANY PUBLIC 5�Page 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 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 7 will survive the termination of this Agreement. SECTION 8. RECORDATION. Property Owner at its sole cost will record this document, including all the Exhibits, in conjunction with the formal adoption by the City Council, and immediately provide a recorded copy to the City. SECTION 9. ENTIRE AGREEMENT. This Agreement is the entire agreement of the parties regarding the subject matter hereto. SECTION 10. RECITALS AND EXHIBITS. 6�Page The recitals herein and exhibits attached hereto are hereby incorporated by reference. SECTION 11. 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 12. 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 13. ESTOPPEL. On or before 15 days after receipt of a written request from an owner of the Property that desires to transfer its interest in the Property or borrow money secured by a mortgage or deed of trust against the Property or a prospective transferee of an owner's interest or an existing or prospective mortgagee, the City will execute and deliver an estoppel certificate stating if, to the actual knowledge of the City executing the certificate, (i) the transferring or borrowing owner is in default under this Agreement after notice from the City executing the certificate and expiration of any applicable grace period; and (ii) this Agreement is in full force and effect and whether there are any amendments thereto SECTION 14. EFFECTIVE DATE. This Agreement will be effective upon the Effective Date first stated herein. 7�Page CITY OF ANNA By: Jim Proce, City Manager IN WITNESS WHEREOF: STATE OF TEXAS COUNTY OF COLLIN Before me, the undersigned notary py of 2021, 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 Grand at O'no II OwWn, LLC, a Delaware limited liability corporation, By: W. Long,�pthori�d Signer IN WITNESS WHEREI STATE OF TEXAS COUNTY OF DALLAS y� Before me, the undersigned notary public, on the /3 120221 appeared Anthony W. Long, known to me (or proved to me) to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me and verified under oath that he/she executed the same in his/her capacity as an Authorized Signer for Grand at Anna 11 Owner, LLC. Notary Public, State of Texas ��s� SANDRA CARROLL �,.��iv `'n' Notary Public, State of Ta■aa _ 2S WJ"F Comm. Expires 09-22-2025 '� °f Notary ID 5772909 EXHIBIT "1" PROPERTY DESCRIPTION * METES AND BOUNDS DESCRIPTION BEING a 11.0943 acre tract of land located in the Granderson Stark Survey, Abstract Number 798, City of Anna, Collin County, Texas, said 11.0943 acre tract being a portion of the remainder of a called 80.00 tract of land conveyed to ANNA TOWN CENTER MIXED USE LLC, by deed thereof filed for record in Collin County Clerk's Instrument No, 20150317000291340, Official Public Records, Collin County, Texas (O.P.R.C.C.T.), said 11,0943 acre tract being more particularly described by the metes and bounds as follows: BEGINNING at a 5/8 inch iron rod with a cap stamped "SPOONER 5922" set (hereinafter referred to as an iron rod set) on the north right-of-way line of Finley Boulevard (being an 80 feet wide public right-of-way, according to the plat thereof filed for record in Collin County Clerk's Instrument No. 20161110010004610, O.P.R.C.C.T.) said beginning point being at the southeast lot corner of Lot 1, Block 1, Anna Town Square Detention Pond, being an Addition to the said City and State, according to the plat thereof filed for record in Collin County Clerk's Instrument No. 20161110010004630, O.P.R.C.C.T., from which a 1/2 inch iron rod with a cap stamped "GLAS 6081" found at a point of curvature on the said north right-of-way line and the south lot line of said Lot 1, bears South 87°48'50" West (chord bearing), 73.48 feet (chord length); THENCE North 20017'44" East, along the southeast lot line of said Lot 1, 571.74 feet to an iron rod set at the east lot corner of said Lot 1; THENCE North 70053'27" West, along the northeast lot line of said Lot 1, 320.08 feet to an iron rod set on the southeast property line of a called 200 feet wide strip of land conveyed to Houston & Texas Central Railway Company (now owned and operated by Dallas Area Rapid Transit) by deed recorded in Volume V, Page 693, D.R.C.C.T.; THENCE North 18045'25" East, departing the said northeast lot line and along the said southeast property line, 374.55 feet to an iron rod set; THENCE South 71 °14'35" East, departing the said southeast property line, over and across the said 80.00 acre tract, 861.30 feet to an iron rod set on the northwest right-of-way line of said Finley Boulevard; THENCE South 31 *1810" West, along the said northwest right-of-way line, 382.60 feet to a 5/8 inch iron rod with a cap stamped "RPLS 4838" found at the beginning of a curve to the right having a radius of 820.00 feet; THENCE continuing along the said northwest right-of-way line with the said curve to the right, an arc length of 772.81 feet, and across a chord which bears South 58°14'47" West, a chord length of 744.53 feet to the POINT OF BEGINNING of the herein described tract of land. The hereinabove described tract of land contains a computed area of 11,0943 acres (483,266 square feet) of land, more or less. EXHIBIT " 2" CONCEPT PLAN mm �I 31 Aga rv.wne vviuY m m Tfla µgia AT aN .,X,u " -. fit xTgTAggJuaRNr r." -- e`^ THE CITY OF Anna AGENDA ITEM: IImam ►[.Vw:7 City Council Agenda Staff Report Meeting Date: 6/28/2022 Staff Contact: Ross Altobelli Conduct a Public Hearing/Consider/Discuss/Action on an Ordinance to amend standards for multiple -family residence development within portions of Subdistrict I & H of the existing Planned Development on one lot on 11.1± acres located on the west side of Finley Boulevard, 510± feet south of Florence Way. Zoned: Planned Development (Ord. No. 129-2004 & Ord. No. 627-2013). (Director of Development Services Ross Altobelli) SUMMARY: The subject property is located within portions of District I (Southern Town Center Adjacency Zone) and District H (Southern Town Center Zone) of the Anna Crossing zoning. Both districts allow three stories or 50 fifty -foot tall, multiple -family residence by -right. Similar to the property and zoning to the north, staff is recommending the property be rezoned rather than amended in order to clean-up the zoning district boundary associated with the current request. Additionally, the applicant is requesting the same MF-2 Multiple -Family Residential — High Density (MF-2) development standards pertaining to parking, fencing, and refuse facilities that were previously granted for the property to the north (Ord. No. 943-2021) on September 28, 2021. A concept plan, Anna Town Square Addition, Block A, Lot 2, accompanies this request. Surroundina Land Uses and Zonin North Proposed multiple -family residences (The Grand at Anna Town Square) East Across Finley Boulevard, proposed multiple -family residences (Serenity at the Square) and Common Area lot (Anna Crossing, Phase 1A). South Single-family residence, detached zoned Single -Family Residence — Large Lot. West D.A.R.T. R.O.W. and Common Area Lot (Anna Town Square Detention Pond) Proposed Planned Development Stiaulations Design Standards — The language in the proposed stipulations re-establishes the allowed use with the same maximum height of 3 stories or 50 feet. Parking — Sec. 9.04.037 (Parking space regulations) of the Zoning Ordinance require a minimum of 2 parking spaces per dwelling unit for multiple -family dwellings, plus 0.25 spaces per dwelling unit for visitor parking. Additionally, 75% of the required parking is required to be covered. ❑ The applicant is proposing to reduce only the required parking for one -bedroom and studio units to 1.5 space and reduce the amount of covered parking to 40%. ❑ The zoning will maintain the required two (2) spaces per two or more -bedroom units and additional 0.25 visitor parking requirements. Screening fence — The MF-2 zoning requires border fencing of masonry construction not less than eight feet in height be installed along the property line on any perimeter not abutting a public street right-of-way. ❑ The applicant is requesting to install a six -foot -high ornamental metal fence with masonry columns. Additionally, along any perimeter not abutting a public right-of-way the site will include a 20-foot-wide landscape buffer with vegetative screening. Refuse Facilities — Rather than have multiple dumpsters, the application is proposing one compactor on -site and utilize a valet wase service to collect residents' trash directly on scheduled days. To help support and justify the modified standards the applicant has provided additional information (Exhibit 1). ISSUES: Parking: The applicant is requesting to reduce the amount of parking allocated for 1- bedroom and studio units to 1.5 per unit while maintaining requirements for larger units and guest parking. Additionally, the applicant is requesting to reduce the amount of covered parking from 75% to 40%. Screening Fence: To soften the visual appearance between the multiple -family residence development and surrounding residential developments (both multiple -family) the applicant is requesting to install wrought iron fencing with masonry columns rather than a solid masonry wall. Additionally, along property boundaries not abutting street R.O.W., the applicant is proposing a 20-foot-wide landscape buffer comprised of trees planted staggered at 25-foot centers. Refuse Facility: Rather than having multiple dumpster locations that could be in close proximity to neighboring developments, the applicant is requesting to install one trash compactor and utilize a valet waste service to collect residents' trash directly on scheduled days. CONCLUSION: Request to rezone 11.1± acres located at the southwest corner of Finley Boulevard and Florence Way from Planned Development -General Commercial/Multiple-Family — High Density (PD-C-2/MF-2) (Ord. No. 129-2004) to Planned Development -Multiple -Family - High Density (PD-MF-2) with modified development standards for multiple -family residences on one lot. The proposed zoning and concept plan are in conformance with elements of the City of Anna Strategic Plan. The multiple -family residence land use is currently allowed by - right on the property. The proposed development stipulations/restrictions allow for a superior development than what would be allowed under existing zoning allowances. 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: The Planning & Zoning Commission recommended approval (4-2) as follows: Restrictions: 1. The location of the planned development 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 MF-2 Multiple - Family Residential - High Density (MF-2) zoning district and the Planning and Development Regulations except as otherwise specified herein. A. Maximum height (feet): 50 feet (3-story) B. Maximum number of units: 222 C. Parking: A minimum of 1.5 off-street parking spaces shall be provided per one - bedroom and studio units, two (2) spaces per two or more -bedroom units, plus 0.25 per dwelling unit for visitor parking. D. Covered Parking: 40% of the required unit parking must be covered to include garages. E. Perimeter Fence: Border screening and fencing on any perimeter not abutting a public right-of-way shall consist of the following: i. Ornamental metal fence, such as wrought iron or tubular steel no less than six feet in height along with masonry columns at no more than 50-foot intervals. ii. 20-foot-wide landscape buffer consisting of a vegetative screen comprised of minimum 3" caliber trees planted staggered at 25-foot centers. F. Refuse facilities: Development shall have a minimum of one compactor onsite. Each compactor facility shall be screened from view on three sides from persons standing at ground level on the site or immediately adjoining property, by a wall of masonry not less than seven feet nor more than eight feet in height or by an enclosure within a building. Refuse containers shall be provided and maintained in a manner to satisfy city public health and sanitary regulations. Development will utilize a valet waste service to collect residents' trash directly on scheduled days. 3. Plats and/or site plans submitted for the development of the PD shall conform to the data presented and approved on the Concept Plan. Non -substantial changes of detail on the final development plan(s) that differ from the Concept Plan may be authorized by the City Council with the approval of the final development plan(s) and without public hearing. 4. The Concept Plan will expire after two (2) years of approval. ATTACHMENTS: 1. Anna Town Square, Block A, Lot 2 Locator Map 2. Ordinance - The Grand at Anna Town Square 3. Exhibit 1 Property Description 4. Exhibit 2 (CP) Anna Town Square, BL A, Lt 2 5. PZ - STAFF REPORT (Zoning) Anna Town Square, Block A, Lot 2 - The Grand at ATS PH 2 6. Exhibit 1 - Zoning Standard Amendments APPROVALS: Lauren Mecke, Planning Manager Created/Initiated - 6/20/2022 Ross Altobelli, Director of Development Services Approved - 6/20/2022 Jim Proce, City Manager Final Approval - 6/23/2022 °'�-CREEK Zoning - Anna Town Square Addition, Block A, Lot 2 'r WASH` ' " COUNTY ROAD 1036��� 1 ► * *, 19 _ ' ir�, a�� .,� _ � t c,, �iu• '' k'. � 'fin." � .,..•t�"r = � ss/ i f A' ,- i r �Ir . O Q� COUNTY ROAD 422 O .�SHARP ST a 1 co .. • .• _ • �� � t � " � ' - � .. .Y N � � T�E CITY OF RL k . HAVEN UK. nn� Subject ETJ Property O 200' Notice City Limits Boundary 0 200 400 800 Feet April 2022 H:\Notification Maps\Notification Maps' n Ll Zoning Case - Request to amend standards for multiple -family residence development within portions of Subdistrict 1 &Hof the existing Planned Development on one lot on 11.1 ± acres located on the west side of Finley Boulevard, 510± feet south of Florence Way. THE CITY OF Anna Zoning Anna Town Square Addition, Block A, Lot 2 T COUNTY0 RdADT16 i4 -V A��% CIE& 7 1R imp 0 NTYCkOAD 422ti ]HAVEN r 14,�,V4 A L X THE CITY OF Aftfta YAM Pruperty CIty LML5 c= 200' Name Boundary 0 200 400 800 Feet April 2022 THE CITY OF nna n ►A Applicants PD Request Modify existing Multiple -Family Residence zoning allowance with the following development standards; 1) Parking: 1.5 space per one -bedroom and studio units. 40% covered parking 2) Screening fence: Six-foot high ornamental metal fence with masonry columns along with a 20-foot-wide landscape buffer 3) Refuse Facility: Allow for a single compactor THE CITY OF Anna n ►A Planning & Zoning zoning amendment amendments that w P&Z Recommendation Commission recommended APPROVAL (4-2) due to the proposed zoning containing the ;re recently approved (October 2021) for the immediately to the north and the request allowing for a development than what would be allowed under existing zoning. The city received 7 responses (6 opposed / 1 in favor) of the same property superior THE CITY OF Anna C X VENTURES Live, Work, Dream The C LX Ventures Team Tony Long Brad brings 3 decades of rich development and entrepreneurial deal making. Forged at Trammell Crow Company, Crow Holdings, Clarion Partners and Copeland Commercial. With over 30 years of senior executive experience in Trammell Crow Company and CBRE, Tony brings sound judgement and a solid track record of building and managing a world class portfolio of assets. Todd brings a rich history of experience in development through two decades of construction sciences, site selection and development with top industry developers such as Trammell Crow Company and Hillwood Development Company. Brad Copeland Todd Finley Representative Product ➢ Consistent Design Approach ➢ Innovative, Tech Ready -- Powered by GigaMonster ➢ Professionally Managed ➢ Amenities Package: ■ Modern, Functional Multi -use Clubhouse ■ Resort Style Pool ■ State of the Art Workout Facility with Yoga Room ■ Pet Park and Care Station ■ Bike Repair Station ■ Apartment Life — faith - based community building 3 J. ON BEACH IZ)8iND Z--" 7��, TT7 j W, x=' .f` i. Irk f r O N BEACHSfx ` r :A1 P. 6 -_A Front Entry/ Leasing Office Ai� I THE ON BEACH GRAND r f- THE -*-; GRANDN BEACH J� 41L i 'i1 6 ! -_ I9,11, ICI U d. Workout Facilities Fal I 'I ORL fA'A k L L Interior Model Live, Work, Dream Grand at Anna II Amended Zoning Change Parking Ratio MF-2 Standard Proposed Parking • Calls for 2 spaces per dwelling unit; plus 75% of the parkirrg must • One anti one-half (1.5) spaces per one -bedroom and studio units, two (2) spaces per be covered; an additional 0.25 spaces per unit for visitor parking is two or more -bedroom units and one quarter (0.25) spaces per unit for guest parking. required. With this ratio and our unit mix, we would need 447 parking spaces. ❑ur concept site plan has 454 parking spaces which includes tandem spaces and 19 handicap spaces. v Ourjusti#ication for this amendment is based on actual unit mix. We have a much larger percent of 1 and 2 bedrooms in our unit mix. Our historical data and experience indicate our development will have more than adequate parking. Y Studios = 3 r 1 Bedroom = 104 r 2 Bedroom = 109 3 Bedroom = 6 • We are proposing to have 179 covered spaces out of the proposed required parking (447 spaces). This is approximately 40% covered spaces which includes a minimum of 23 garages. r In our experience 30% to 40% covered spaces is the max that residents will rent. Covered parking should be based on market demand since these cost for these improvements must be passed on to the residents. Unit Size MF-2 Standard Proposed Minimum Unit Size • According to staff, the city does not have any ordinance that • Studio min,irnum unit size: 575 5F regulates unit size for multi -family dwelling units. • 1 bedroom minimum unit size: 6485F • 2 bedroom minimum unit size: 10265F • 3 bedroom minimum unit size: 1,320 5F Screening Fence MF-2 Standard Proposed Screening Fence + 8' tall masonry border fence along property line not abutting a • Perimeter fence to he constructed with metal and masonry pilaster. public street or right of way. r Justification: Our site is surrounded by public street and right of way on two sides. The other two sides are surrounded by multi -family zoning. I RE lko' w. ID ,nna Veterinary Clinic �z 10 U d L All 11 d Blvd I-W Im Grand at Anna 0 11 Site A 4 WWI ti sr ,s.,Children's L!Ighthduse of Arna Live, Work, Dream Concept Plan - Grand at Anna II Live, Work, Dream Conceptual Elevation - Grand at Anna II STUCCOCOLORA SIDINGCOLORA COMP Sid INGLES STUCCOCOLOR B IIrolW 111O1:■IQMKOINIKZJ9119 rol■ii[a1114lots nn Illhll <, ` II I, ..II I FI I�is ' � ,'•� THANK YOU CLX VENTURES CITY OF ANNA, TEXAS (Property zoned under this ordinance is generally located on the west side of Finley Boulevard, 510± feet south of Florence Way) 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 zoning amendment from Grand at Anna II Owner, LLC on Property described in Exhibit 1 ("Property") attached hereto and incorporated herein for all purposes as if set forth in full; and WHEREAS, said Property generally located on the west side of Finley Boulevard, 510± feet south of Florence Way was zoned by Ordinance No. 129-2004; 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 this Planned Development District is to facilitate the development of high - quality Multiple -Family Residential - High Density 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 MF-2 Multiple -Family Residential - High Density (MF-2) zoning district and the Planning and Development Regulations except as otherwise specified herein. i. Maximum height (feet): 50 feet (3-story) ii. Maximum number of units: 222 iii. Parking: A minimum of 1.5 off-street parking spaces shall be provided per one -bedroom and studio units, two (2) spaces per two or more -bedroom units, plus 0.25 per dwelling unit for visitor parking. iv. Covered Parking: 40% of the required unit parking must be covered to include garages. v. Perimeter Fence: Border screening and fencing on any perimeter not abutting a public right-of-way shall consist of the following: a. Ornamental metal fence, such as wrought iron or tubular steel no less than six feet in height along with masonry columns at no more than 50-foot intervals. b. 20-foot-wide landscape buffer consisting of a vegetative screen comprised of minimum 3" caliber trees planted staggered at 25-foot centers. vi. Refuse facilities: Development shall have a minimum of one compactor onsite. Each compactor facility shall be screened from view on three sides from persons standing at ground level on the site or immediately adjoining property, by a wall of masonry not less than seven feet nor more than eight feet in height or by an enclosure within a building. Refuse containers shall be provided and maintained in a manner to satisfy city public health and sanitary regulations. Development will utilize a valet waste service to collect residents trash directly on scheduled days. 2 B. Plats and/or site plans submitted for the development of the PD shall conform to the data presented and approved on the Conceptual Development plan. Non - substantial changes of detail on the final development plan(s) that differ from the Conceptual Development plan may be authorized by the City Council with the approval of the final development plan(s) and without public hearing. C. The Conceptual Development Plan will expire after two (2) years of approval. Section 3. Official Zoning Map The official Zoning Map of the City shall be corrected to reflect the change in zoning described herein. Section 4. Savings, Repealing and Severability Clauses It is hereby declared to be the intention of the City Council that the words, sentences, paragraphs, subdivisions, clauses, phrases, and provisions of this ordinance are severable and, if any phrase, sentence, paragraph, subdivision, clause, or provision of this ordinance shall be declared unconstitutional or otherwise invalid or inapplicable by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality, invalidity or inapplicability shall not affect any of the remaining words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional, invalid or inapplicable words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions. Further, all ordinances or parts of ordinances in force when the provisions of this ordinance become effective that are consistent and do not conflict with the terms and provisions of this ordinance are hereby ratified to the extent of such consistency and lack of conflict, and all ordinances or parts of ordinances in force when the provisions of this ordinance become effective that are inconsistent or in conflict with the terms and provisions contained in this ordinance are hereby repealed only to the extent of any such conflict. Notwithstanding any provision of this ordinance or the Anna Code, it is intended that this ordinance fully comply with Chapter 3000 of the Texas Government Code ("Chapter 3000") and this ordinance shall and the City Code shall be interpreted in a manner to comply with Chapter 3000. For the purposes of this ordinance, any provision of the City Code that does not comply with Chapter 3000 shall be deemed to have been excluded and not a part of this ordinance. Section 5. Penalty Any violation of any of the terms of this ordinance, whether denominated in this ordinance as unlawful or not, shall be deemed a misdemeanor. Any person convicted of any such violation shall be fined in an amount not to exceed $2,000 for each incidence of violation. Each day a violation exists is considered a separate offense and will be punished separately. 3 Section 6. Publication of the Caption and Effective Date This ordinance shall be effective upon its passage by the City Council, approval by the Mayor, and posting and/or publication, if required by law, of its caption. The City Secretary is hereby authorized and directed to implement such posting and/or publication. PASSED by the City Council of the City of Anna, Texas this 28th day of June 2022. ATTESTED: APPROVED: Carrie L. Land, City Secretary Nate Pike, Mayor 4 EXHIBIT 1 LEGAL DESCRIPTION BEING a 11.0943 acre tract of land located in the Granderson Stark Survey, Abstract Number 798, City of Anna, Collin County, Texas, said 11.0943 acre tract being a portion of the remainder of a called 80.00 tract of land conveyed to ANNA TOWN CENTER MIXED USE LLC, by deed thereof filed for record in Collin County Clerk's Instrument No. 20150317000291340, Official Public Records, Collin County, Texas (O.P.R.C.C.T.), said 11.0943 acre tract being more particularly described by the metes and bounds as follows: BEGINNING at a 5/8 inch iron rod with a cap stamped "SPOONER 5922" set (hereinafter referred to as an iron rod set) on the north right-of-way line of Finley Boulevard (being an 80 feet wide public right-of-way, according to the plat thereof filed for record in Collin County Clerk's Instrument No. 20161110010004610, O.P.R.C.C.T.) said beginning point being at the southeast lot corner of Lot 1, Block 1, Anna Town Square Detention Pond, being an Addition to the said City and State, according to the plat thereof filed for record in Collin County Clerk's Instrument No. 20161110010004630, O.P.R.C.C.T., from which a 1/2 inch iron rod with a cap stamped "GLAS 6081" found at a point of curvature on the said north right-of-way line and the south lot line of said Lot 1, bears South 87°48'50" West (chord bearing), 73.48 feet (chord length); THENCE North 20°17'44" East, along the southeast lot line of said Lot 1, 571.74 feet to an iron rod set at the east lot corner of said Lot 1; THENCE North 70°53'27" West, along the northeast lot line of said Lot 1, 320.08 feet to an iron rod set on the southeast property line of a called 200 feet wide strip of land conveyed to Houston & Texas Central Railway Company (now owned and operated by Dallas Area Rapid Transit) by deed recorded in Volume V, Page 693, D.R.C.C.T.; THENCE North 18°45'25" East, departing the said northeast lot line and along the said southeast property line, 374.55 feet to an iron rod set; THENCE South 71°14'35" East, departing the said southeast property line, over and across the said 80.00 acre tract, 861.30 feet to an iron rod set on the northwest right-of-way line of said Finley Boulevard; THENCE South 3198'10" West, along the said northwest right-of-way line, 382.60 feet to a 5/8 inch iron rod with a cap stamped "RPLS 4838" found at the beginning of a curve to the right having a radius of 820.00 feet; THENCE continuing along the said northwest right-of-way line with the said curve to the right, an arc length of 772.81 feet, and across a chord which bears South 58°14'47" West, a chord length of 744.53 feet to the POINT OF BEGINNING of the herein described tract of land. The hereinabove described tract of land contains a computed area of 11.0943 acres (483,266 square feet) of land, more or less. SPECIAL WARRANTY DEED — Page 5 2 `0 d a a N N N N N 0 N N .Q 7 T (6 J 3 v, c m a EXHIBIT A 11 11 I z O � ' 10' DRAINAGE n �� R50 EASEMENT " R R30' I 6' X 2' RBC WITH PLUG n IIU R / d I Z) , 0 1 m W UCD Iz ' If J 18.00' Q� N I I TYP. COVERED PARKING 26.00, 11 u II n I qI „ If I I W Iql � 1 a IP' tt LU R 20.00' W I 0 I o Y G 10 O _ I pW a u m u O ` n n ` R R � I I 10 ----------If — 20' EXISTING UTILITY EASEMENT BUILDING 4 (3-STORY) FFE: 720.50' long No 10'BUILDING SETBACK ;gym ■ ���, Q� No,:._�,�m iQ F1t I BUILDING 4 (3• I i I � I � I ! � ETBACK BUILDING 3 I I BUILDING 2 (3-STORY) (3-STORY) FFE:721.5' 0 ® FFE:720.50' ® IN ------------ 11 —1& J-1-1-1—L— —+-- N PROPOSED 26' FIRE LANE p p SIDEWALK 0 M"1-r T1 77T.,17771 I -��-T- 1 70RUILDING5 I o � I I � I 1 W 1 BUILDING 6 Z50.61' (3-STORY) 1 Q 1 W3-STORY) � N nq, R50' J R30``� S ♦ L 6.00' i i 12 W 1 10 00 10 ' 12 cy SIDEW LK I N 1 PROPOSED LOT U1 ^' BLOCK A, LOT 2 °o I U) 1 ZONED: PD-MF-2 2 I CL o THE GRAND AT ANNA TOWN SQUARE w a I 11.09 ACRES: 483,266 SF BUILDING 7 Q I GRANDERSON STARK SURVEY, ABST.798 (3-STORY) N 125p0 BUILDING CITY OF ANNA, COLLIN COUNTY, TX 75409 a (3-STORY) I 1 W 26.00' rn a 1 ' I IL I I o I m C ILLIL a I a Oj ' 27 9. 0' i_�I - O ---- ililLICD 11 CV R30 R30' �' I PROPOSED 26' FIRE LANE 00 / II--Z000 -- -- - - ---- - ---- - - - R30' o 0 1 N i _ o PROPOSED 26' FIRE LANE I R30' R30' 1 � 1 09. 0' 10 k 00, -----------------------------------I---- 20' LANSCAPE BUFFER I 10' BUILDING SETBACK I I 1a / I i POOL o I 19' C)O n I I / I o0 10.0�0' pV I i I I�I o , . 20.00' I � 1 6.00' 2000, & PROPOSED PERIMETER METAL TYP. COVERED 6 / FENCE WITH MASONRY PARKING PILASTER LLi ml 12 i / / ' 10 © BUILDING 1 W I I I (3-STORY) / ii Q I i ' 1 C) 26.00 / I U)I ZI i If 1 / 1 A 8 oo / Op, 8'PROPOSED i R30'PERIMETER ` METAL FE0NCE p" j ; o PROpOSFp ® R3 WITH MASONRY II I I R30 - — 26p PILASTER n I i v 29' ©CK) W „ v , R50' n - W I I I 1 22 // R30' z 18.00' / � W I I / z n m I ; Q O I LU W �• / / \ ' 1 N / i 1 Lu BUILDING 2 O 1 10 (3-STORY) ppp 0 II i 1 O DOG PARK Ru i 1 d I / 6' METAL GATE W / KNOX BOX , I p ' I a , 6' METAL GATE ;; I ; 1 I 6.00' W / KNOX BOX FIRE DEPARTMENT ACCESS / ONLY 3 ' --- I I i 10, DRAINAGE / EASEMENT i / Tx 3' GRATE INLET / WITH 36" RCP i / I , I Ii rN TRASH COMPACTOR 22.461 ACRES, 986,242 S.F. D.R . HORTON - TEXAS, LTD ' INST. NO. 20201016061803490 O.P.R.C.C.T. GROUP R-1 SINGLE FAMILY TYP.COVERED PARKING 8p oo 8' PROPOSED PERIMETER METAL FENCE WITH MASONRY PILASTER 6' METAL GATE W / KNOX BOX ADJACENT PROPERTY LINE �0' ANNA TOWN SQUARE BY PULTE HOMES 605 WARNER DRIVE, ANNA, TX 75409 h I ♦ , `�� Tj� G I , j tiT i ,Y ENGINEER DEVELOPER/OWNER LANDSCAPE ARCHITECT „ BOWMAN CONSULTING GROUP, LTD CLX VENTURES MEEKS DESIGN GROUP, INC 5601 Democracy Drive, Suite 205 300 Crescent Court 1755 N. Collins Blvd., Suite 300 THE LOCATION OF EXISTING UNDERGROUND UTILITIES ARE SHOWN IN SHALL AN APPROXIMATE WAY ONLY. THE CONTRACTOR SHALL DETERMINE Plano, Texas 75024 Dallas, TX 75201 Richardson, Texas 75001 THE EXACT LOCATION OF ALL EXISTING UTILITIES BEFORE COMMENCING [Phone] 972.497.2993 [Phone] 469.517.2082 [Phone] 972.690.7474 WORK. CONTRACTOR AGREES TO BE FULLY RESPONSIBLE FOR ANY /= Contact: Ryan Safford, P.E. Contact: Todd Finley Contact: Herb Meeks AND ALL DAMAGES WHICH MIGHT BE OCCASIONED BY THE CONTRACTORS FAILURE TO EXACTLY LOCATE AND PRESERVE ANY AND �- ALL UNDERGROUND UTILITIES. Know whot''o Mow. Callbeforeyoudig. PRELIMINARY NOT FOR CONSTRUCTION .. a 7TF1 Q = 455 CITY OF ANNA 0_�l L —1 * VICINITY MAP (NOT TO SCALES r a nn. a nn, a nn. a nn, 00 TYPICAL PARKING SPACE DIMENSION (NOT TO SCALE) ANNA SITE DATA TABLE ITEM GENERAL SITE DATA ZONING ( FROM ZONING MAP) PD-MF-2 LAND USE ( FROM ZONING ORDINANCE) MF-2 LOT AREA ( SQUARE FEET & ACRES) 11.09 AC (483,266 SF) BUILDING FOOTPRINT AREA (SQUARE FEET) 89,494 SF BUILDING HEIGHT(# STORIES) 3 STORY BUILDING HEIGHT ( FEET -DISTANCE TO TALLEST BUILDING ELEMENT 45' LOT COVERAGE (PERCENT-XXX%) 18.52% MULTIFAMILY UNITS # OF STUDIO/MINIMUM SQUARE FEET 3 UNITS / 575 SF # OF 1 BEDROOM/ MINIMUM UNIT SIZE 56 UNITS / 648 SF 48 UNITS / 729 SF # OF 2 BEDROOM/ MINMUM UNIT SIZE 43 UNITS / 987 SF 64 UNITS / 1026 SF 2 UNITS/ 1155 SF # OF 3 BEDROOM/ MINMUM UNIT SIZE 6 UNITS / 1320 SF TOTAL UNIT COUNT 222 PARKING PARKING RATIO ( FROM ZONING ORDINANCE) STUDIO AND 1 BEDROOM 1.5 SPACES PER DWELLING UNIT 2 BEDROOM 2 SPACES PER DWELLING UNIT 3 BEDROOM 2 SPACES PER DWELLING UNIT GUEST PARKING 0.25 SPACES PER UNIT REQUIRED PARKING(# SPACES) 447 PROVIDED SPACES (# SPACES) 454 ACCESSIBLE PARKING REQUIRED (#SPACES) 12 ACCESSIBLE PARKING PROVIDED (#SPACES) 19 A MINIMUM OF 179 OF THE PARKING SPACES MUST BE COVERED. OF THE 179 SPACES, THERE MUST BE A MINIMUM OF 23 GARAGES SPACES. 50 0 50 100 SCALE: 1 INCH = 50 FT PROPOSED LEGEND PROPOSED BUILDING PROPERTY LINE STD. 6" CONCRETEE CURB FIRE LANE WATER LINE SANITARY LINE SANITARY MANHOLE STORM DRAIN LINE STORM MANHOLE STORM INLET FIRE HYDRANT v -SD SD ANNA SITE DATA TABLE LANDSCAPE AREA ( INCLUDING TURF AREA) INTERNAL LANDSCAPE AREA ( SQUARE FEET- 8 FEET PER PARKING SPACE) 102,194 SF OPEN SPACE AREA REQUIRED 1 BEDROOM = 600 SF OPEN SPACE 90,000 SF EACH ADDITIONAL BEDROOM OVER 1 BEDROOM = 300 SF OPEN SPACE 21,600 SF TOTAL OPEN SPACE REQUIRED 111,600 SF OPEN SPACE AREA PROVIDED SITE LANDSCAPE 97,291 SF SITE AMENITIES 41,448 SF TOTAL OPEN SPACE PROVIDED 138,739 SF PROPOSED PERIMETER FENCE TO BE CONSTRUCTED WITH METAL & MASONRY PILASTER STORM WATER MANAGEMENT FOR PHASE 2 IS ACCOUNTED THROUGH TWO DETENTION PONDS DESIGNED AS PART OF THE PHASE 1 LOCATED NORTH OF THE SUBJECT SITE. STORM WATER WILL BE CONVEYED USING STORM DRAINS LOCATED AT THE NORTHEAST AND NORTHWEST CORNERS OF THE PROPERTY. ARCHITECT GSR ANDRADE 4121 Commerce St., Suite #1 Dallas, Texas 75226 [Phone] 214.824.7040 Contact: Welly Supangat THIS DOCUMENT IS RELEASED FOR THE PURPOSE OF INTERIM REVIEW, MARK-UP, AND/OR DRAFTING UNDER THE AUTHORITY OF RYAN C. SAFFORD, P.E. ON APRIL 29 2022. IT IS NOT TO BE USED FOR CONSTRUCTION, BIDDING, OR PERMIT PURPOSES. APPROVED APPROVED J U N E 287 2022 J U N E 67 2022 CITY COUNCIL P&Z COMMISSION CITY OF ANNA CITY OF ANNA CITY OF ANNA PLANNING & ZONING COMMISSION June 6, 2022 Public Hearing: Zoning — PD-MF-2 (The Grand at Anna Town Square, Phase II) Applicant: Grand at Anna II Owner, LLC DESCRIPTION: Request to amend standards for multiple -family residence development within portions of Subdistrict I & H of the existing Planned Development on one lot on 11.1± acres located on the west side of Finley Boulevard, 510± feet south of Florence Way. The property is currently zoned Planned Development (Ord. No. 129-2004 & Ord. No. 627-2013). REMARKS: The subject property is located within portions of District I (Southern Town Center Adjacency Zone) and District H (Southern Town Center Zone) of the Anna Crossing zoning. Both districts allow three stories or 50 fifty -foot tall, multiple -family residence by - right. Similar to the property and zoning to the north, staff is recommending the property be rezoned rather than amended in order to clean-up the zoning district boundary associated with the current request. Additionally, the applicant is requesting the same MF-2 Multiple -Family Residential — High Density (MF-2) development standards pertaining to parking, fencing, and refuse facilities that were previously granted for the property to the north (Ord. No. 943-2021) on September 28, 2021. A concept plan, Anna Town Square Addition, Block A, Lot 2, accompanies this request. Surrounding Land Uses and Zoning North Proposed multiple -family residences (The Grand at Anna Town Square) East Across Finley Boulevard, proposed multiple -family residences (Serenity at the Square) and Common Area lot (Anna Crossing, Phase 1A). South Single-family residence, detached zoned Single -Family Residence — Large Lot. West D.A.R.T. R.O.W. and Common Area Lot (Anna Town Square Detention Pond) Proposed Planned Development Stipulations Design Standards — The language in the proposed stipulations re-establishes the allowed use with the same maximum height of 3 stories or 50 feet. Parking — Sec. 9.04.037 (Parking space regulations) of the Zoning Ordinance require a minimum of 2 parking spaces per dwelling unit for multiple -family dwellings, plus 0.25 spaces per dwelling unit for visitor parking. Additionally, 75% of the required parking is required to be covered. ➢ The applicant is proposing to reduce only the required parking for one -bedroom and studio units to 1.5 space and reduce the amount of covered parking to 40%. ➢ The zoning will maintain the required two (2) spaces per two or more -bedroom units and additional 0.25 visitor parking requirements. Screening fence — The MF-2 zoning requires border fencing of masonry construction not less than eight feet in height be installed along the property line on any perimeter not abutting a public street right-of-way. ➢ The applicant is requesting to install a six -foot -high ornamental metal fence with masonry columns. Additionally, along any perimeter not abutting a public right-of- way the site will include a 20-foot-wide landscape buffer with vegetative screening. Refuse Facilities — Rather than have multiple dumpsters, the application is proposing one compactor on -site and utilize a valet wase service to collect residents' trash directly on scheduled days. To help support and justify the modified standards the applicant has provided additional information (Exhibit 1). ISSUES: Parking: The applicant is requesting to reduce the amount of parking allocated for 1- bedroom and studio units to 1.5 per unit while maintaining requirements for larger units and guest parking. Additionally, the applicant is requesting to reduce the amount of covered parking from 75% to 40%. Screening Fence: To soften the visual appearance between the multiple -family residence development and surrounding residential developments (both multiple -family) the applicant is requesting to install wrought iron fencing with masonry columns rather than a solid masonry wall. Additionally, along property boundaries not abutting street R.O.W., the applicant is proposing a 20-foot-wide landscape buffer comprised of trees planted staggered at 25-foot centers. Refuse Facility: Rather than having multiple dumpster locations that could be in close proximity to neighboring developments, the applicant is requesting to install one trash compactor and utilize a valet wase service to collect residents' trash directly on scheduled days. SUMMARY: Request to rezone 11.1± acres located at the southwest corner of Finley Boulevard and Florence Way from Planned Development -General Commercial/Multiple-Family — High Density (PD-C-2/MF-2) (Ord. No. 129-2004) to Planned Development -Multiple -Family - ZONING - THE GRAND AT ANNA TOWN SQUARE PAGE 2 OF 4 High Density (PD-MF-2) with modified development standards for multiple -family residences on one lot. The proposed zoning and concept plan are in conformance with elements of the City of Anna Strategic Plan. The multiple -family residence land use is currently allowed by -right on the property. The proposed development stipulations/restrictions allow for a superior development than what would be allowed under existing zoning allowances. RECOMMENDATION: If the Planning & Zoning Commission is in agreement with the proposed amendments as presented by the applicant the Commission should include the following restrictions as part of their motion. Restrictions: 1. The location of the planned development 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 MF-2 Multiple -Family Residential - High Density (MF-2) zoning district and the Planning and Development Regulations except as otherwise specified herein. A. Maximum height (feet): 50 feet (3-story) B. Maximum number of units: 222 C. Parking: A minimum of 1.5 off-street parking spaces shall be provided per one -bedroom and studio units, two (2) spaces per two or more -bedroom units, plus 0.25 per dwelling unit for visitor parking. D. Covered Parking: 40% of the required unit parking must be covered to include garages. E. Perimeter Fence: Border screening and fencing on any perimeter not abutting a public right-of-way shall consist of the following: Ornamental metal fence, such as wrought iron or tubular steel no less than six feet in height along with masonry columns at no more than 50-foot intervals. ii. 20-foot-wide landscape buffer consisting of a vegetative screen comprised of minimum 3" caliber trees planted staggered at 25-foot centers. ZONING - THE GRAND AT ANNA TOWN SQUARE PAGE 3 OF 4 F. Refuse facilities: Development shall have a minimum of one compactor onsite. Each compactor facility shall be screened from view on three sides from persons standing at ground level on the site or immediately adjoining property, by a wall of masonry not less than seven feet nor more than eight feet in height or by an enclosure within a building. Refuse containers shall be provided and maintained in a manner to satisfy city public health and sanitary regulations. Development will utilize a valet waste service to collect residents' trash directly on scheduled days. 3. Plats and/or site plans submitted for the development of the PD shall conform to the data presented and approved on the Concept Plan. Non -substantial changes of detail on the final development plan(s) that differ from the Concept Plan may be authorized by the City Council with the approval of the final development plan(s) and without public hearing. 4. The Concept Plan will expire after two (2) years of approval. ZONING - THE GRAND AT ANNA TOWN SQUARE PAGE 4 OF 4 EXHIBIT 1 The Grand at Anna Town Square Phase 2 — Zoning Standard Amendments Parking Ratio MF-2 Standard Proposed Parking • Calls for 2 spaces per dwelling unit; plus 75% of the parking must • One-half (1.5) spaces per one -bedroom and studio units, two (2) spaces per two or be covered; an additional 0.25 spaces per unit for visitor parking is more -bedroom units. With this ratio and our unit mix, we would need 369 parking required. spaces. Our concept site plan has 440 parking spaces which includes tandem spaces and 18 handicap spaces. ➢ Our justification for this amendment is based on actual unit mix. We have a much larger percent of 1 and 2 bedrooms in our unit mix. Our historical data and experience indicate our development will have more than adequate parking. ➢ Studios = 3 ➢ 1 Bedroom = 147 ➢ 2 Bedroom = 68 ➢ 3 Bedroom = 6 • We are proposing to have 148 covered spaces out of the proposed required parking (369 spaces). This is approximately 40% covered spaces which includes a minimum of 24 garages. ➢ In our experience 30% to 40% covered spaces is the max that residents will rent. Covered parking should be based on market demand since these cost for these improvements must be passed on to the residents. Unit Size MF-2 Standard Proposed Minimum Unit Size • According to staff, the city does not have any ordinance that 0 Studio minimum unit size: 575 SF regulates unit size for multi -family dwelling units. 0 1 bedroom minimum unit size: 648 SF • 2 bedroom minimum unit size: 1026 SF • 3 bedroom minimum unit size: 11320 SF Screenine Fence MF-2 Standard Proposed Screening Fence • 8' tall masonry border fence along property line not abutting a Perimeter fence to be constructed with metal and masonry pilaster. public street or right of way. ➢ Justification: Our site is surrounded by public street and right of way on two sides. The other two sides are surrounded by multi -family zoning. Rev. 08.16.2021 THE CITY OF Anna ir0►nrm City Council Agenda Staff Report Meeting Date: 6/28/2022 Staff Contact: Ross Altobelli AGENDA ITEM: Consider/Discuss/Action on a Resolution regarding Anna Town Square Addition, Block A, Lot 2 Concept Plan (Director of Development Services Ross Altobelli) SUMMARY: Multiple -Family Residences and commercial on 11.1± acres located on the west side of Finley Boulevard, 510± feet south of Florence Way. This concept plan is associated with the zoning case and is contingent upon approval of the zoning case. The purpose for the concept plan is to show the conceptual layout and related site improvements associated with the future multiple -family development. The concept plan complies with the zoning districts area regulations as requested by the zoning case. 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: The Planning & Zoning Commission recommended for approval (4-2) subject to City Council approval of the zoning request. I_'Iir_[d:ILy,14011& 1 1. Anna Town Square Block A Lot 2 Concept Plan Locator Map 2. RESOLUTION- CP (The Grand at Anna Town Square, BL A, Lt 2) 3. Exhibit A (CP) Anna Town Square, BL A, Lt 2 APPROVALS: Lauren Mecke, Planning Manager Created/Initiated - 6/17/2022 Ross Altobelli, Director of Development Services Approved - 6/20/2022 Jim Proce, City Manager Final Approval - 6/23/2022 Concept Plan - Anna Town Square Addition, Block A, Lot 2 vvp's" t 0 T q W4 it ROAD .103 0 X+ A -A 4Q 4_ -k A V�61 0, AL. N 0 LN 011 P COUNTY ROAD T4 2 E FINLEY BLVD `SHARP WJ • 6 LU Cn TEE CITY OF N R Subject City Limits t Property ETJ A t R 200 400 800 HAVEN' Ila Feet May 2022 H:\Notification MapsNotification Maps n ►A Concept Plan - Anna Town Square Addition, Block A, Lot 2 THE CITY OF Anna s, e,K Concept Plan - Anna Town Square Addition, Block A, Lot 2 COUNTY ROAD 1p36 _ i JL f � r zt r gJvq t.N AA1N j COUNTY RDAD 422 O E FINLEY.BLVD Q HARP ST "�' " TI IE CITY OF �' yi xl4 ., ' i { 4 R t _ • _ city Limits ® SUbjeu_Propert � 9 { ET] HAVEN DR 0 200 400 800 B Fee' ' � � fry _ April 2Q27 'HE CITY OF nna CONCEPT PLAN 0 19 L MT-0110 _ Me �� 3:25.IIIGI�IIIIIIIIo11E S01-311111111111® 1 N 1 11111119111111111111111 I is ITS la it �;_ 9 { ENGINEER DEVELOPEPIOWNER smi P^oMl e�z�ae�i.m znzas 'Pwnc-711-1w mn r a. P.[. comer. •om LANDSCAPE ARCHITECT �sAl timewl siz sso.iai�vo eY con�nn. Hem Neew ARCHITECT ziz� ize� n can�en. eur syurgu THE CITY OF nna CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A CONCEPT PLAN FOR THE GRAND AT ANNA TOWN SQUARE, BLOCK A, LOT 2. 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, Grand at Anna 11 Owner, LLC, has submitted an application for the approval of the Concept Plan for The Grand at Anna Town Square, Block A, Lot 2; 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 The Grand at Anna Town Square, Block A, Lot 2 attached hereto as Exhibit A. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 28th day of June 2022. ATTEST: APPROVED: City Secretary, Carrie L. Land Mayor, Nate Pike 2 `0 d a a N N N N N 0 N N .Q 7 T (6 J 3 v, c m a EXHIBIT A 11 11 I z O � ' 10' DRAINAGE n �� R50 EASEMENT " R R30' I 6' X 2' RBC WITH PLUG n IIU R / d I Z) , 0 1 m W UCD Iz ' If J 18.00' Q� N I I TYP. COVERED PARKING 26.00, 11 u II n I qI „ If I I W Iql � 1 a IP' tt LU R 20.00' W I 0 I o Y G 10 O _ I pW a u m u O ` n n ` R R � I I 10 ----------If — 20' EXISTING UTILITY EASEMENT BUILDING 4 (3-STORY) FFE: 720.50' long No 10'BUILDING SETBACK ;gym ■ ���, Q� No,:._�,�m iQ F1t I BUILDING 4 (3• I i I � I � I ! � ETBACK BUILDING 3 I I BUILDING 2 (3-STORY) (3-STORY) FFE:721.5' 0 ® FFE:720.50' ® IN ------------ 11 —1& J-1-1-1—L— —+-- N PROPOSED 26' FIRE LANE p p SIDEWALK 0 M"1-r T1 77T.,17771 I -��-T- 1 70RUILDING5 I o � I I � I 1 W 1 BUILDING 6 Z50.61' (3-STORY) 1 Q 1 W3-STORY) � N nq, R50' J R30``� S ♦ L 6.00' i i 12 W 1 10 00 10 ' 12 cy SIDEW LK I N 1 PROPOSED LOT U1 ^' BLOCK A, LOT 2 °o I U) 1 ZONED: PD-MF-2 2 I CL o THE GRAND AT ANNA TOWN SQUARE w a I 11.09 ACRES: 483,266 SF BUILDING 7 Q I GRANDERSON STARK SURVEY, ABST.798 (3-STORY) N 125p0 BUILDING CITY OF ANNA, COLLIN COUNTY, TX 75409 a (3-STORY) I 1 W 26.00' rn a 1 ' I IL I I o I m C ILLIL a I a Oj ' 27 9. 0' i_�I - O ---- ililLICD 11 CV R30 R30' �' I PROPOSED 26' FIRE LANE 00 / II--Z000 -- -- - - ---- - ---- - - - R30' o 0 1 N i _ o PROPOSED 26' FIRE LANE I R30' R30' 1 � 1 09. 0' 10 k 00, -----------------------------------I---- 20' LANSCAPE BUFFER I 10' BUILDING SETBACK I I 1a / I i POOL o I 19' C)O n I I / I o0 10.0�0' pV I i I I�I o , . 20.00' I � 1 6.00' 2000, & PROPOSED PERIMETER METAL TYP. COVERED 6 / FENCE WITH MASONRY PARKING PILASTER LLi ml 12 i / / ' 10 © BUILDING 1 W I I I (3-STORY) / ii Q I i ' 1 C) 26.00 / I U)I ZI i If 1 / 1 A 8 oo / Op, 8'PROPOSED i R30'PERIMETER ` METAL FE0NCE p" j ; o PROpOSFp ® R3 WITH MASONRY II I I R30 - — 26p PILASTER n I i v 29' ©CK) W „ v , R50' n - W I I I 1 22 // R30' z 18.00' / � W I I / z n m I ; Q O I LU W �• / / \ ' 1 N / i 1 Lu BUILDING 2 O 1 10 (3-STORY) ppp 0 II i 1 O DOG PARK Ru i 1 d I / 6' METAL GATE W / KNOX BOX , I p ' I a , 6' METAL GATE ;; I ; 1 I 6.00' W / KNOX BOX FIRE DEPARTMENT ACCESS / ONLY 3 ' --- I I i 10, DRAINAGE / EASEMENT i / Tx 3' GRATE INLET / WITH 36" RCP i / I , I Ii rN TRASH COMPACTOR 22.461 ACRES, 986,242 S.F. D.R . HORTON - TEXAS, LTD ' INST. NO. 20201016061803490 O.P.R.C.C.T. GROUP R-1 SINGLE FAMILY TYP.COVERED PARKING 8p oo 8' PROPOSED PERIMETER METAL FENCE WITH MASONRY PILASTER 6' METAL GATE W / KNOX BOX ADJACENT PROPERTY LINE �0' ANNA TOWN SQUARE BY PULTE HOMES 605 WARNER DRIVE, ANNA, TX 75409 h I ♦ , `�� Tj� G I , j tiT i ,Y ENGINEER DEVELOPER/OWNER LANDSCAPE ARCHITECT „ BOWMAN CONSULTING GROUP, LTD CLX VENTURES MEEKS DESIGN GROUP, INC 5601 Democracy Drive, Suite 205 300 Crescent Court 1755 N. Collins Blvd., Suite 300 THE LOCATION OF EXISTING UNDERGROUND UTILITIES ARE SHOWN IN SHALL AN APPROXIMATE WAY ONLY. THE CONTRACTOR SHALL DETERMINE Plano, Texas 75024 Dallas, TX 75201 Richardson, Texas 75001 THE EXACT LOCATION OF ALL EXISTING UTILITIES BEFORE COMMENCING [Phone] 972.497.2993 [Phone] 469.517.2082 [Phone] 972.690.7474 WORK. CONTRACTOR AGREES TO BE FULLY RESPONSIBLE FOR ANY /= Contact: Ryan Safford, P.E. Contact: Todd Finley Contact: Herb Meeks AND ALL DAMAGES WHICH MIGHT BE OCCASIONED BY THE CONTRACTORS FAILURE TO EXACTLY LOCATE AND PRESERVE ANY AND �- ALL UNDERGROUND UTILITIES. Know whot''o Mow. Callbeforeyoudig. PRELIMINARY NOT FOR CONSTRUCTION .. a 7TF1 Q = 455 CITY OF ANNA 0_�l L —1 * VICINITY MAP (NOT TO SCALES r a nn. a nn, a nn. a nn, 00 TYPICAL PARKING SPACE DIMENSION (NOT TO SCALE) ANNA SITE DATA TABLE ITEM GENERAL SITE DATA ZONING ( FROM ZONING MAP) PD-MF-2 LAND USE ( FROM ZONING ORDINANCE) MF-2 LOT AREA ( SQUARE FEET & ACRES) 11.09 AC (483,266 SF) BUILDING FOOTPRINT AREA (SQUARE FEET) 89,494 SF BUILDING HEIGHT(# STORIES) 3 STORY BUILDING HEIGHT ( FEET -DISTANCE TO TALLEST BUILDING ELEMENT 45' LOT COVERAGE (PERCENT-XXX%) 18.52% MULTIFAMILY UNITS # OF STUDIO/MINIMUM SQUARE FEET 3 UNITS / 575 SF # OF 1 BEDROOM/ MINIMUM UNIT SIZE 56 UNITS / 648 SF 48 UNITS / 729 SF # OF 2 BEDROOM/ MINMUM UNIT SIZE 43 UNITS / 987 SF 64 UNITS / 1026 SF 2 UNITS/ 1155 SF # OF 3 BEDROOM/ MINMUM UNIT SIZE 6 UNITS / 1320 SF TOTAL UNIT COUNT 222 PARKING PARKING RATIO ( FROM ZONING ORDINANCE) STUDIO AND 1 BEDROOM 1.5 SPACES PER DWELLING UNIT 2 BEDROOM 2 SPACES PER DWELLING UNIT 3 BEDROOM 2 SPACES PER DWELLING UNIT GUEST PARKING 0.25 SPACES PER UNIT REQUIRED PARKING(# SPACES) 447 PROVIDED SPACES (# SPACES) 454 ACCESSIBLE PARKING REQUIRED (#SPACES) 12 ACCESSIBLE PARKING PROVIDED (#SPACES) 19 A MINIMUM OF 179 OF THE PARKING SPACES MUST BE COVERED. OF THE 179 SPACES, THERE MUST BE A MINIMUM OF 23 GARAGES SPACES. 50 0 50 100 SCALE: 1 INCH = 50 FT PROPOSED LEGEND PROPOSED BUILDING PROPERTY LINE STD. 6" CONCRETEE CURB FIRE LANE WATER LINE SANITARY LINE SANITARY MANHOLE STORM DRAIN LINE STORM MANHOLE STORM INLET FIRE HYDRANT v -SD SD ANNA SITE DATA TABLE LANDSCAPE AREA ( INCLUDING TURF AREA) INTERNAL LANDSCAPE AREA ( SQUARE FEET- 8 FEET PER PARKING SPACE) 102,194 SF OPEN SPACE AREA REQUIRED 1 BEDROOM = 600 SF OPEN SPACE 90,000 SF EACH ADDITIONAL BEDROOM OVER 1 BEDROOM = 300 SF OPEN SPACE 21,600 SF TOTAL OPEN SPACE REQUIRED 111,600 SF OPEN SPACE AREA PROVIDED SITE LANDSCAPE 97,291 SF SITE AMENITIES 41,448 SF TOTAL OPEN SPACE PROVIDED 138,739 SF PROPOSED PERIMETER FENCE TO BE CONSTRUCTED WITH METAL & MASONRY PILASTER STORM WATER MANAGEMENT FOR PHASE 2 IS ACCOUNTED THROUGH TWO DETENTION PONDS DESIGNED AS PART OF THE PHASE 1 LOCATED NORTH OF THE SUBJECT SITE. STORM WATER WILL BE CONVEYED USING STORM DRAINS LOCATED AT THE NORTHEAST AND NORTHWEST CORNERS OF THE PROPERTY. ARCHITECT GSR ANDRADE 4121 Commerce St., Suite #1 Dallas, Texas 75226 [Phone] 214.824.7040 Contact: Welly Supangat THIS DOCUMENT IS RELEASED FOR THE PURPOSE OF INTERIM REVIEW, MARK-UP, AND/OR DRAFTING UNDER THE AUTHORITY OF RYAN C. SAFFORD, P.E. ON APRIL 29 2022. IT IS NOT TO BE USED FOR CONSTRUCTION, BIDDING, OR PERMIT PURPOSES. APPROVED APPROVED J U N E 287 2022 J U N E 67 2022 CITY COUNCIL P&Z COMMISSION CITY OF ANNA CITY OF ANNA THE CITY OF Anna City Council Agenda Staff Report Meeting Date: 6/28/2022 Staff Contact: Terri Doby AGENDA ITEM: Consider/Discuss/Action on adding an Optional Homestead Property Tax Exemption. (City Manager Jim Proce) SUMMARY: FINANCIAL IMPACT: There are almost 3,700 homesteads in the City of Anna for Tax Year 2022 / Fiscal Year 2023. If a 1 % / minimum $5,000 exemption is granted, the benefit to those neighbors would average $29 per homestead. The loss in revenue to the City would be approximately $100,000. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 4: High Performing, Professional City STAFF RECOMMENDATION: Any taxing unit, including a city, county, school district or special district, has the option of deciding locally to offer a residence homestead exemption of up to 20 percent of a property's appraised value. Such an exemption must be adopted by ordinance or resolution prior to July 1 if it is to apply to a given tax year. Once adopted, the exemption need not be re -adopted every year. The minimum application of the exemption to any property is $5,000. In order for a property owner to qualify for the general residence homestead exemption, the owner must have an ownership interest in the property and occupy the property as the owner's principal residence. ATTACHMENTS: 1. General Optional Homestead Tax Exemption Ordinance APPROVALS: Terri Doby, Budget Manager Created/Initiated - 6/23/2022 Jim Proce, City Manager Final Approval - 6/23/2022 CITY OF ANNA, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING ARTICLE 2.03 OF THE ANNA CITY CODE OF ORDINANCES TO ADOPT A PARTIAL EXEMPTION FROM AD VALOREM TAXES FOR RESIDENTIAL HOMESTEADS; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City of Anna, Texas is a duly formed home -rule municipality; and WHEREAS, Texas Tax Code § 11.13(n) allows a municipality to adopt an exemption for residential homesteads that is in addition to the residential homestead exemption set forth in other subsections of said statute; and WHEREAS, under the City of Anna Home Rule Charter § 7.19(b), the City has the power to grant tax exemptions in accordance with the laws of the State of Texas; and WHEREAS, this exemption shall apply in all subsequent tax years unless and until the City repeals the exemption; and WHEREAS, the City Council of the City of Anna, Texas finds that the exemption adopted under this ordinance is in the best interest of the citizens of the City of Anna, Texas; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The above -referenced recitals are incorporated herein as the findings of the City Council as if set forth in full. City of Anna, Texas Ordinance No. Page 1 of 3 Section 2. Code amended; exemption adopted. 2.01 The Anna City Code of Ordinances is hereby amended to add a new Section 2.03.032 to read as follows: Article 3.02 TAXATION Division 2. Property Tax Sec. 2.03.032 Residential Homestead Exemption (a) Homestead exemption granted. Upon compliance with all requirements of this section and all other applicable laws and resolutions, % of the assessed value of residence homestead of an individual shall be exempt from ad valorem taxes levied by the city. If the percentage set herein produces an exemption in a tax year of less than five thousand dollars ($5,000.00) when applied to a particular residence homestead, the individual is entitled to an exemption of five thousand dollars ($5,000.00) of appraised value. (b) Effective date; duration. The exemption granted by this section shall be effective as to such residence homesteads as may qualify hereunder commencing with the 2022 tax year. The exemption shall remain in effect from year to year unless and until it is repealed by ordinance adopted by the City Council. (c) Limitations of exemption. The exemption authorized hereby shall extend only to a residential homestead as same may be defined by the laws of the state. Such exemptions shall be allowed only if the property in question is in fact a residential homestead of the individual during the tax year and the individual has otherwise complied with all applicable laws and regulations. Section 3. Savings, Severability and Repealing Clauses. All ordinances of the City in conflict with the provisions of this ordinance are repealed to the extent of that conflict. If any provision of this ordinance shall be held to be invalid or unconstitutional, the remainder of such ordinance shall continue in full force and effect City of Anna, Texas Ordinance No. Page 2 of 3 the same as if such invalid or unconstitutional provision had never been a part hereof. The City declares that it would have passed this ordinance, and each section, subsection, clause, or phrase thereof irrespective of the fact that any one or more section, subsection, sentence, clause, and phrase be declared unconstitutional or invalid. Section 4. Publication of the Caption Hereof and Effective Date. This ordinance shall be in full force and effective from and after its passage and upon the posting and/or publication, if required by law, of its caption and the City Secretary is hereby directed to implement such posting and/or publication. PASSED, ADOPTED AND APPROVED by the City Council of the City of Anna, Texas, this 28' day of June 2022. ATTESTED: City Secretary, Carrie L. Land APPROVED: Mayor, Nate Pike City of Anna, Texas Ordinance No. Page 3 of 3 THE CITY OF manna Homestead Property Tax Exemptions THE CITY OF Homestead Property Tax Exemption • A Homestead Tax Exemption is a method by which to provide Homesteaded properties some relief from increasing costs and inflation; this does not apply to commercial properties or rental properties. • Any taxing unit, including a city, county, school district or special district, has the option of deciding locally to offer a residence homestead exemption of up to 20 percent of a property's appraised value. • The minimum application of the exemption to any property is $5,000. Cities must set a percentage (%) based rate. • The Property Appraiser notified us that such an exemption must be adopted by ordinance/resolution prior to July 1 if it is to apply to a given tax year. THE CITY OF nna Comparison Cities Allen - $50,000 Anna - $30,000 Celina - W $30,001 Fairview - $60,000 Fa rmersvi I le - $10,000 Frisco 10% $80,000 Lucas 8% $50,000 McKinney - $65,000 Melissa - $30,000 Plano 20% $40,000 Princeton - $25,000 Prosper 10% $10,000 $25,000 0.470000 - 0.569500 $30,000 im0.645000 $60,000 0.345580 $20,000 0.712044 $80,000 0.446600 $50,000 0.288397 $65,000 0.497655 $30,000 0.568157 $40,000 0.446500 $25,000 0.602549 $3,000 0.510000 This is equivalent to a $170+ discount on the individual tax bill. This costs the City $120,000+ annually, to serve 752 eligible properties. THE CITY OF nna Homestead Exemption Impact $800,000 - $899,999 $700,000 - $799,999 $600,000 - $699,999 $500,000 - $599,999 $400,000 - $499,999 $300,000 - $399,999 �$200,000 - $299,999 $100,000 - $199,999 $4,482.30 5 $45.76 $228.78 $3,954.97 2 $40.23 $80.46 $3,427.64 5 $32.98 $164.92 $2,900.31 25 $28.72 $718.09 $2,372.98 185 $26.37 $4,877.79 $1,845.65 888 $26.37 $23,413.41 $1,318.32 2,270 $26.37 AW59,851.84 $709.99 260 $26.37 $6,855.28 TOTAL $96,190.57 Total Homesteaded Properties = 3,640 13 THE CITY uF nna Exemptions • If the Council decides to provide these exemptions the net financial impact is: • Senior Exemption ($30,000) 4 >$120,000 • Homestead Exemption (1%) 4 >$96,000 • Total financial impact is close to 1 cent on the tax rate. THE CITY OF manna Rental Registration Rates THE CITY OF Rental Registration Offset • Currently the Rental Registration Rate is $100. This does not cover full cost recovery of the program. • Staff will complete additional analysis to determine full cost recovery to provide full cost recovery for administration of the program and cover increasing costs. • This fee would be charged to rental properties of single-family housing and multi -family housing. • This fee can be adjusted as provided for by Council based upon the operation cost and recovery strategy set forth by policy. THE CITY OF manna Decision Point • Do you want to install a homestead tax exemption as presented? (This is on the agenda tonight.) THE CITY OF Aiiifta Iwo r SOL ` 7 d' f A THE CITY OF Anna City Council Agenda Staff Report Meeting Date: 6/28/2022 Staff Contact: Alan Guard AGENDA ITEM: Consider/Discuss/Action on a Plan of Finance for the issuance of General Obligation Bonds, Series 2022, and Certificates of Obligation, Series 2022. (Finance Director Alan Guard) SUMMARY: The City's Financial Advisors will provide a presentation with a plan of finance for General Obligation (GO) bonds and Certificate Of Obligation (CO) for Council consideration. GO bonds are being considered for the continuation of the 2021 voter - approved bond program, COs are being considered for the expansion and construction of the wastewater treatment plant. The presentation will include proposed projects and a schedule for the sale. The City Council will consider an ordinance authorizing the issuance of the bonds and the certificate of obligation in August. FINANCIAL IMPACT: The financial impacts will be discussed in the presentation by the City's Financial Advisors, Hilltop Securities. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 1: Growing Anna Economy Goal 2: Anna - Great Place to Live Goal 3: Sustainable Anna Community Through Planned Managed Growth Goal 4: High Performing Professional City STAFF RECOMMENDATION: Move to adopt the plan of finance, directing staff and consultants to implementation. ATTACHMENTS: 1. Anna, TX GO CO Series 2022 Plan of Finance 2. Anna TX GO COs Series 2022 Timeframe APPROVALS: Alan Guard, Director of Finance Created/Initiated - 6/17/2022 Jim Proce, City Manager Final Approval - 6/23/2022 H i I ItopSecu ri ties A Hilltop Holdings Company_ Contacts: Jim Sabonis Managing Director 717 N. Harwood St., Suite 3400 Dallas, TX 75201 Direct: 214.953.4195 Fax: 214.953.4050 jim.sabonis(cx�.hilltopsecurities.com Andre Ayala Managing Director 717 N. Harwood St., Suite 3400 Dallas, TX 75201 Direct: 214.953.4184 Fax: 214.953.4050 andre.avalaCa)hilltopsecurities.com THE CITY OF A Jorge Delgado Vice President 717 N. Harwood St., Suite 3400 Dallas, TX 75201 Direct: 214.859.1714 Fax: 214.953.4050 0orge.delgadoCa�hilltopsecurities.com Funding of Fire Station, Community Library, Recreational Facilities and Water & Sewer Improvements Plan of Finance June 28, 2022 City of Anna, Texas Table of Contents THE CITY OF Anna Summer 2022 Bond Issuance Program .......................................................page 2 Preliminary Sources & Uses of Funds ..........................................................page 5 Preliminary 2022 Bond Program Cash Flows.................................................page 6 Schedule of Events.................................................................................... page 8 Appendix A CreditRating.............................................................................................page 10 Appendix B Municipal Market Update............................................................................page 13 Member FINRAISIPCINYSE H111top5ecurities ©2022 Hilltop Securities Inc. A Hilllap HaWngs Company. All Rights Reserved Summer 2022 Bond Issuance Program (1 of 3) THE CITY OF Anna Objectives ➢ Funding of Fire Station, Community Library, Recreational Facilities and Water & Sewer Improvements Lmw Fire Station (Proposition A) $3,640,000 Community Library (Proposition B) $5,000,000 Recreational Facilities (Proposition C) $24,130,000 Total Funding $325770,000 Debt Service (I&S Tax) Debt Service (I&S Tax) Debt Service (I&S Tax) n Water & Sewer Improvements $65,000,000 Total Funding $65,000,000 Water & Sewer System Revenues Member FINRA/SIPC/NYSE HilltopSecurides * 2 ©2022 Hilltop Securities Inc. A Hilltop lbld4igs Company All Rights Reserved Summer 2022 Bond Issuance Program (2 of 3) New Money Debt Issuance Detail General Obligation Bonds, Series 2022 ➢ Amortization/Repayment Period: 20 Years THE CITY OF Anna ➢ Target Debt Service Tax Rate: $0.1400 per $100 as of Tax Year 2022 and thereafter ➢ Growth Assumptions: Preliminary estimates indicate 37% of growth in City's tax base. Conservative growth assumptions utilized thereafter for illustration purposes. ➢ Repayment Source: City's Debt Service (I&S) Property Tax Rate ➢ Budgeted All -in True Interest Cost: 4.60%(1) Combination Tax & Revenue Certificates of Obligation, Series 2022 ➢ Amortization/Repayment Period: 25 Years ➢ Repayment Source: City's Water & Sewer System Revenues ➢ Utility Rate Impact: No impact to the City's existing utility rates is expected with this issuance ➢ Budgeted All -in True Interest Cost: 4.83%(1) (1) Assumes "Aa2" Rated Non -Bank Qualified Interest Rates + 0.50% as of 6/17/2022. Subject to Change at Anytime. Member FINRA/SIPC/NYSE HilltopSecurities 3 ©2022 Hilltop Securities Inc. A Hilltop lbld4igs Company All Rights Reserved n Summer 2022 Bond Issuance Program (3 of 3) Sale Process ➢ Texas AG reviewed and approved debt THE CITY OF Anna ➢ Credit Rating: "Aa2" by Moody's Rating Service Rating (current City GO rating) ➢ City will work with Financial Advisor and explore a second rating from Standard & Poor's or Fitch Ratings ➢ There continues to be significant investor demand for high credit Texas Municipal issues and given the size of this year's bond program an additional rating would benefit the bond sale process ➢ Structure: Wrap debt service around existing debt service to minimize impact of new debt ➢ Tax Exempt Fixed Interest Rates: Subsequent analysis assumes "Aa2" Rated Non - Bank Qualified Interest Rates + 0.50% as of 6/17/2022. Subject to Change at Anytime. Member FINRAISIPCINYSE H111top5ecurities 4 ©2022 Hilltop Securities Inc. A Hilllap HaWngs Company. All Rights Reserved 0 m D Z Z D m x D N Preliminary Sources and Uses of Funds Water & Sewer Debt Service (I&S Tax) System Revenues Supported Supported THE CITY OF Anna Par Amount $ 30,290,000 $ 60,635,000 $ 90,925,000 Premium 2,955,788 5,179,734 8,135,522 Total Sources of Funds $ 33,245,788 $ 65,814,734 $ 99,060,522 Project Fund Deposit $ 32,773,758 $ 65,000,000 $ 97,773,758 Financing Costs(' 472,030 814,734 1,286,764 Total Uses of Funds $ 33,245,788 $ 65,814,734 $ 99,060,522 (1) Includes underwriter's discount. Budgeted for purposes of illustration and subject to change. Member FINRAISIPC/NYSE HilltopSecurities 5 ©2022 Hilltop Securities Inc. A Hilltop lbld4igs Company All Rights Reserved z Preliminary 2022 Bond Program Cash Flows Debt Service (I&S Tax) Supported A B C D Net Fiscal Tax -Supported Year Estimated Taxable General Ending Growth Assessed Obligation 9/30 Factor(l) Valuation(2) Debt Service 2022 20.78% $ 1,775,593,806 $ 2,065,636 2023 37.25% 2,437,000,000 2,061,809 2024 18.56% 2,889,250,000 2,279,067 2025 14.00% 3,293,762,500 2,279,436 2026 12.90% 3,718,500,625 2,277,238 2027 11.99% 4,164,475,656 2,275,675 2028 3.50% 4,310,232,304 2,277,300 2029 3.50% 4,461,090,435 2,281,500 2030 3.50% 4,617,228,600 2,672,825 2031 3.50% 4,778,831,601 2,670,825 2032 3.50% 4,946,090,707 2,666,525 2033 3.50% 5,119,203,882 2,667,000 2034 3.50% 5,298,376,018 2,673,175 2035 3.50% 5,483,819,178 2,675,300 2036 3.50% 5,675,752,850 2,671,850 2037 3.50% 5,874,404,199 2,666,100 2038 3.50% 6,080,008,346 2,667,900 2039 3.50% 6,292,808,638 2,373,100 2040 3.50% 6,513,056,941 2,371,850 2041 3.50% 6,741,013,934 2,373,250 2042 3.50% 6,976,949,421 2,376,625 2043 3.50% 7,221,142,651 2,371,919 2044 3.50% 7,473,882,644 2,369,644 2045 3.50% 7,735,468,536 2,369,644 2046 3.50% 8,006,209,935 2,371,719 2047 3.50% 8,286,427,283 1,911,000 2048 3.50% 8,576,452,238 1,912,500 $ 64,630,411 E F G H I J $30,290,000 General Obligation Bonds, Series 2022 All -in True Interest Cost = 4.60%I3I Principal Interest Total D/S 1,503,983 1,503,983 1,665,950 1,665,950 450,000 1,653,575 2,103,575 1,090,000 1,611,225 2,701,225 1,150,000 1,549,625 2,699,625 1,215,000 1,484,588 2,699,588 1,285,000 1,415,838 2,700,838 1,360,000 1,343,100 2,703,100 1,435,000 1,266,238 2,701,238 1,515,000 1,185,113 2,700,113 1,600,000 1,099,450 2,699,450 1,695,000 1,008,838 2, 703,838 1,790,000 913,000 2,703,000 1,890,000 811,800 2,701,800 2,000,000 704,825 2,704,825 2,115,000 591,663 2,706,663 2,230,000 472,175 2,702,175 2,355,000 346,088 2,701,088 2,490,000 21Z850 2,702,850 2, 625,000 72,188 2,697,188 $ 30,290,000 $ 20,912,108 $ 51,202,108 THE CITY OF Anna Less: NET NEW &S Tax -Supported Required Debt Service General Debt Service Funds on Obligation (I&S) Hand') Debt Service Tax Rate(5) $ - $ 2,065,636 $ 0.1187 222,439 3,343,352 0.1400 - 3,945,017 0.1393 4,383,011 0.1358 4,978,463 0.1366 42975,300 0.1219 4,976,888 0.1178 4,982,338 0.1140 5,375,925 0.1188 5,372,063 0.1147 5,366,638 0.1107 5,366,450 0.1070 5,377,013 0.1036 5,378,300 0.1001 5,373,650 0.0966 5,370,925 0.0933 5,374,563 0.0902 5,075,275 0.0823 5,072,938 0.0795 5,076,100 0.0768 5,073,813 0.0742 2,371,919 0.0335 2,369,644 0.0324 2,369,644 0.0313 2,371,719 0.0302 _ 1,911,000 0.0235 1,912,500 0.0228 $ 222,439 $ 115,610,079 (1) Tax Year 2021 / FY 2022 actual values and Tax Year 2022 / FY 2023 preliminary values as provided by Collin CAD. Future growth assumptions as provided by City through Fiscal Year 2027. (2) Assumes 3.5% growth from FY 2028 through FY 2048 as provided by City Staff. (3) Assumes "AA" Rated Non Bank Qualified Interest Rates + 0.50% as of 6/17/2022. Subject to Change at Anytime. (4) Assumes use of $222,439 Budgeted Debt Service Fund Balance as presented in the City's FYE 2022 Budget. (5) FY 2022 is actual. Subsequent Debt Service (I&S) Tax Rates calculated assuming 98% collections. (6) Includes Underwriter's Discount. Subject to Change. Member FINRAISIPC/NYSE HilltopSecurities 6 ©2022 Hilltop Securities Inc. A Hilltop lbld4igs Company All Rights Reserved z 1 0 m D z z a m x a N Preliminary 2022 Bond Program Cash Flows Water & Sewer System Revenues Supported A B C D E F G H Existing Existing Existing TOTAL NET GTUA GTUA GO Existing Revenue Anna/Melissa Collin/Grayson W&S Rev W&S Existing FYE Available for Project Project Supported Supported D/S 30-Sep D/S(') D/S D/S D/S D/S Coverage 2022 $13,482,517 $ 321,223 $ 343,562 $ 1,251,015 $ 1,915,800 7.04x 2023 13,482,517 321,655 343,408 1,252,150 1,917,213 7.03x 2024 13,482,517 321,645 344,297 1,254,440 1,920,382 7.02x 2025 13,482,517 321,120 343,726 1,251,465 1,916,311 7.04x 2026 13,482,517 330,070 343,961 1,243,376 1,917,407 7.03x 2027 13,482,517 173,245 343,295 1,404,638 1,921,177 7.02x 2028 13,482,517 171,765 343,302 1,405,788 1,920,855 7.02x 2029 13,482,517 - 343,935 1,576,475 1,920,410 7.02x 2030 13,482,517 326,948 1,590,951 1,917,900 7.03x 2031 13,482,517 327,337 1,592,405 1,919,742 7.02x 2032 13,482,517 328,354 1,591,286 1,919,640 7.02x 2033 13,482,517 326,159 1,570,295 1,896,454 7.11x 2034 13,482,517 327,040 432,756 759,796 17.74x 2035 13,482,517 325,884 - 325,884 41.37x 2036 13,482,517 326,514 326,514 41.29x 2037 13,482,517 327,500 327,500 41.17x 2038 13,482,517 219,397 219,397 61.45x 2039 13,482,517 221,112 221,112 60.98x 2040 13,482,517 219,597 219,597 61.40x 2041 13,482,517 - - n/a 2042 13,482,517 n/a 2043 13,482,517 n/a 2044 13,482,517 n/a 2045 13,482,517 n/a 2046 13,482,517 n/a 2047 13,482,517 n/a $ 1,960,723 $ 6,025,328 $ 17,417,040 $ 25,403,090 Notes: THE CITY OF Anna J K L M $60,635,000 Combination Tax & Revenue Certificates of Obligation, Series 2022 All -in True Interest Cost = 4.83%(2) Principal Interest Total D/S - 3,010,696 3,010,696 920,000 3,309,625 4,229,625 975,000 3,257,513 4,232,513 1,030,000 3,202,375 4,232,375 1,085,000 3,144,213 4,229,213 1,145,000 3,082,888 4,227,888 1,210,000 3,018,125 4,228,125 1,280,000 2,949,650 4,229,650 1,355,000 2,877,188 4,232,188 1,430,000 2,800,600 4,230,600 1,535,000 2,719,063 4,254,063 1,810,000 2,627,075 4,437,075 2,360,000 2,512,400 4,872,400 2,490,000 2,379,025 4,869,025 2,630,000 2,238,225 4,868,225 2,890,000 2,086,425 4,976,425 3,055,000 1,922,938 4,977,938 3,230,000 1,750,100 4,980,100 3,635,000 1,561,313 5,196,313 3,840,000 1,355,750 5,195,750 4,060,000 1,138,500 5,198,500 4,290,000 908,875 5,198,875 4,530,000 666,325 5,196,325 4,790,000 410,025 5,200,025 5,060,000 139,150 5,199,150 $ 60,635,000 $ 55,068,059 $ 115,703,059 (1) Audited as of Fiscal Year 2021. (2) Assumes "AN' rated non bank qualified interest rates plus 0.50% as of June 17, 2022. Subject to Change at Anytime. (3) Includes Underwriter's Discount. Subject to Change. Projected Total W&S Rev Projected Surplus/ Supported D/S (Deficit) D/S Coverage Cash $ 1,915,800 7.04x $11,566,717 4,927,909 2.74x 8,554,608 6,150,007 2.19x 7,332,510 6,148,823 2.19x 7,333,694 6,149,782 2.19x 7,332,735 6,150,390 2.19x 7,332,127 6,148,742 2.19x 7,333,775 6,148,535 2.19x 7,333,982 6,147,550 2.19x 7,334,967 6,151,929 2.19x 7,330,588 6,150,240 2.19x 7,332,277 6,150,517 2.19x 7,332,000 5,196,871 Z59x 8,285,646 5,198,284 2.59x 8,284,233 5,195,539 2.60x 8,286,978 5,195,725 2.59x 8,286,792 5,195,822 2.59x 8,286,695 5,199,049 2.59x 8,283,468 5,199,697 2.59x 8,282,820 5,196,313 2.59x 8,286,205 5,195,750 2.59x 8,286,767 5,198,500 2.59x 8,284,017 5,198,875 2.59x 8,283,642 5,196,325 2.59x 8,286,192 5,200,025 2.59x 8,282,492 5,199,150 2.59x 8,283,367 $141,106,149 Member FINRAISIPCINYSE H111top5ecurities 7 ©2022 Hilltop Securities Inc. A Hilllap HaWngs Company. All Rights Reserved 1 0 m D z z a m x D N Schedule of Events June 28, 2022 — Regular City Council Meeting THE CITY OF Anna 1) Presentation of Plan of Finance to City Council to issue General Obligation Bonds and Certificates of Obligation 2) City Council authorizes City Staff to move forward with the Plan of Finance 3) City Council approves a Resolution to Authorize publication of a Notice of Intent to issue Certificates of Obligation August 23, 2022 — Regular Council Meeting 1) Pricing of the Bonds and the Certificates 2) City Council considers and approves Ordinance Authorizing the Issuance of the z Bonds and the Certificates Prior to Closing — Attorney General Approves Sale September 20, 2022 1) Closing of the Bonds and the Certificates and delivery of funds to the City Key Actions to be Taken by City Council 8 Q2022 HFlHRAe Securities HilltopSecurities � ©2022 Hilltop Securities Inc. A Hilltop lbld4igs Company All Rights Reserved THE CITY OF Anna Questions, Discussion and Next Steps z Member FINRAISIPC/NYSE HilltopSecurides * 9 ©2022 Hilltop Securities Inc. A Hilltop lbld4igs Company All Rights Reserved THE CITY OF Anna Appendix A Credit Rating z Member FINRAISIPC/NYSE HilltopSecurides * 10 ©2022 Hilltop Securities Inc. A Hilltop lbld4igs Company All Rights Reserved Credit Rating Long Term Moody's S&P Fitch Short Term (less than 3 year: Moody's S&P Fitch Aaa AAA AAA M I G 1 S P-1 + F 1 (+ o r Aal AA+ AA+ MIG 2 SP-1 F2 (+ or Aa2 AA AA MIG 3 SP-2 F3 (+ or. Aa3 - AA- SG SP-3 B (+ or Al A+ A+ A2 A Ratings below the red line are A3 A- A- speculative grade. Baa1 BBB+ BBB+ The City of Anna is Baa2 BBB BBB currently rated "Aa2" by Baa3 BBB- BBB- Moody'sas of July 1, 2021 Bat BB+ BB+ Ba2 BB BB THE CITY OF Anna Member FINRAISIPC/NYSE HilltopSecurides * 11 ©2022 Hilltop Securities Inc. A Hilltop lbld4igs Company All Rights Reserved z Credit Rating - Moody's Upgrade to "Aa2" THE CITY 4F Anna Moody's Investors Service has upgraded the City of Anna, TX's issuer and general obligation limited tax (GOLT) ratings to Aa2 from Aa3. "The Aa2 issuer rating reflects the maintenance of strong and stable operating reserves and manageable leverage at a time of very rapid economic expansion. The city's tax base has doubled since 2017, driven by strong demand for residential housing and supported by ample land availability, access to employment opportunities throughout the Dallas -Fort Worth metroplex, and healthy resident income indices..." "The city's operating reserves are likely to remain strong given the city's use of multi -year forecasting and a conservative formal reserve policy. While debt issuance is likely given the city's rapid growth, management's use of public improvement districts and already limited exposure to pension liabilities are expected to maintain manageable leverage..." RATING OUTLOOK — Stable Outlook "The stable outlook reflects our belief that the city will maintain strong credit fundamentals during this period of intense growth given sound financial policies and limited debt plans..." 0 m n FACTORS THAT COULD LEAD TO AN UPGRADE OF THE RATINGS z n ■ Continued economic expansion while maintaining strong operating reserves m MOODY S ■ Moderation of debt levels INVESTORS SERVICE (n Member FINRAISIPCINYSE H111top5ecurities 12 ©2022 Hilltop Securities Inc. A Hilllap HaWngs Company. All Rights Reserved THE CITY OF Anna Appendix B Municipal Market Update z Member FINRAISIPC/NYSE HilltopSecurides * 13 ©2022 Hilltop Securities Inc. A Hilltop lbld4igs Company All Rights Reserved Change in 20-Year MMD Change in 20-Year MMD with Market Commentary—1/1/21 to 6/17/22 .r 3.50 3.00 Sell of in global bond rates due to perception of stabilizing �+ global economy 250 — a'` President Biden signs $1.9 trillion COVID relief bill Fed meeting begins the discussion 200 of scaling back bond purchases, and increased the forecasts of inflation for the next three years. Biden and Harris sworn 150 into office THE CITY OF Anna The Fed hiked the federal funds rate 75 basis points The Fed hiked the federal funds rate 50 basis points March CPI rose 8.5%over the last 12 months The Fed implements a 25 basis point increase to the federal funds rate, the first hike since2018 Jerome Powell held a hawkish press I conference suggesting larger and more frequent rate hikes than anticipated Congress passes a continuing resolution allowing funding through December 3, 2021 Suspension of debt ceiling expires; SLGS suspended Russia invades Ukraine �, f President Biden �+ 1� J announces S2.3trillion Senate Passes President Biden signs COVID resurgencecombined witfr infrastructure plan $1 trillion $1.2 trillion infrastructure continued inflation creates concerns 1.00 infrastructure bill bill into law weighing on markets Jan-2021 Feb-2021 Mar-2021 Apr-2021 May-2021 Jun-2021 Jul-2021 Aug-2021 Sep-2021 Oct-2021 Nov-2021 Dec-2021 Jan-2022 Feb-2022 Mar-2022 Apr-2022 May-2022 Jun-2022 Source: Thomson Reuters Municipal Market Data and HilltopSecurities Member FINRAISIPC/NYSE HilltopSecurities * 14 ©2022 Hilltop Securities Inc. A Hilltop lbld4igs Company All Rights Reserved z 1 0 D z z a Tax -Exempt Market Overview I The Bond Buyer THE CITY OF Anna ObligationThe Bond Buyer 20-Bond General 6.00 4-Week Snapshot 3.75 5.00 4.00 3.50 a --------- ------- - ---- --------------- --------------- ar 3.00 3.25 2.00 � • BBI GO -----Average 3.00 \• 1.00 — - 2.75 2012 2014 2016 2018 2020 2022 27-May 3-Jun 10-Jun 17-Jun The :. . 6/17/22 6.00 4-Week Snapshot 4.00 5.00 400 ---------------------------- ---- ------------------------------ 3.75 3.00 r 3.50 o c 2.00 BBI RBI -----Average 3.25 1.00 _ 3.00 2012 2014 2016 2018 2020 2022 27-May 3-Jun 10,Jun 17,Jun Source: The Bond Buyer Member FINRAISIPCINYSE HilitopSecurities 15 ©2022 Hilltop Securities Inc. A Hilllap HaWngs Company. All Rights Reserved z Weekly Benchmark Interest Rates 700 6.00 5.00 400 3.00 200 1.00 THE CITY OF Anna 10Y AAA MMD 30Y AAA MNV Bond Buyer 20 GO Bond Index Bond Buyer Revenue Bond Index 10Y U.S. Treasury 30Y U.S. Treasury SIFMA 1M IJBOR 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 0 1 o m Bond Buyer Bond Buyer 10Y 30Y y 10Y AAA MMD 30Y AAA MMD 20 GO Bond Index Revenue Bond Index U.S. Treasury U.S. Treasury SIFMA 1M LIBOR Z Current 2.91 3.38 3.57 3.85 3.25 3.30 0.97 1.63 Z a Maximum 3.01 4.49 5.03 5.40 3.25 3.94 5.20 2.52 Minimum 0.58 1.27 2.02 1.97 0.55 1.17 0.01 0.07 -I Average ' 1.84 ' 2.70 ' 3.44 3.90 2.05 2.73 0.50 0.72 m x % Time Lower 98.9% 89.2% 45.1 % 39.1 % 99.8% 86.6% 78.3% 80.6% D Source: Refinitiv Municipal Market Data, U.S. Treasury and Bloomberg Member FINRAISIPCINYSE HilltopSecurities 16 ©2022 Hilltop Securities Inc. A Hilllap HaWngs Company. All Rights Reserved THE CITY OF CITY OF ANNA, TX Approx. $ General Obligation Bonds, Series 2022 A....aApprox. $ Combination Tax & Revenue Certificates of Obligation, Series 2022 Schedule of Events as of 6/3/2022 Jun-22 S M T W Th F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 FIULIUAY Date Tuesday, 06/28/22 Friday, 07/8/22 TBD by City TBD by City Wednesday, 07/20/22 Friday, 07/22/22 712512022 - 712712022 Tuesday, 08/2/22 Thursday, 08/4/22 Thursday, 08/11/22 Friday, 08/12/22 Tuesday, 08/16/22 Tuesday, 08/23/22 Wednesday, 08/24/22 Prior to Closing Tuesday, 09/20/22 Jul-22 S M T W Th F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Aug-22 S M T W Th F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Sep-22 S M T W Th F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 FI ULIUAY FI ULI UAY Event Responsible Party Presentation of Plan of Finance to City Council City Staff / FA City Council directs staff and consultants to implement Plan of Finance to issue General Obligation Bonds (the "Bonds") Council and Certificates of Obligation (the "Certificates") City Council approves a Resolution to Authorize publication of a Notice of Intent to issue Certificates of Obligation Council 1st draft of POS and NOS sent out for comments FA First publication of Notice of Intent to issue Certificates of Obligation in the local newspaper and on the City's website City Staff (Must be published no later than July 8th) Second publication of Notice of Intent to issue Certificates of Obligation in the local newspaper City Staff (Must be published 7 days after 1st publication) Deadline to provide comments to list draft of POS and NOS City Staff, BC Distribution of 2nd draft POS and NOS to Rating Agency FA Credit rating and due diligence conference calls All parties Deadline to provide comments to 2nd draft of POS and NOS All parties Distribution of 3rd draft POS and NOS for final comments FA Deadline to provide FINAL comments to POS and NOS All parties HilltopSecurities receives rating RA, FA, INS POS and NOS posted on I -Deal FA Pricing of the Bonds and the Certificates, Competitive Bids due UWs / FA City Council considers and approves Ordinance Authorizing the Issuance of the Bonds and the Certificates Council Distribution of Final Official Statement FA Attorney General Approves Sale AG, BC Closing of the Bonds and the Certificates and delivery of funds to the City UW, BC, PA, EA Key Actions to be Taken by City Council Key Actions to be Taken by City Staff "Preliminary, subject to change. Hill�topSec�urties Public Finance Department THE CITY OF Anna AGENDA ITEM: irff,711111►nrAN City Council Agenda Staff Report Meeting Date Staff Contact: 6/28/2022 Alan Guard Gregory Peters Consider/Discuss/Action adopting a Resolution directing publication of Notice of Intention to Issue Combination Tax and Revenue Certificates of Obligation to provide funds for sewer projects; and resolving other matters relating to the subject. (Finance Director Alan Guard) SUMMARY: Staff has been working with its engineering firm on the design of the expansion and construction of the wastewater treatment plant. The cost estimate for the project is approximately $81 million. The City has current sources of funding of approximately $16 million from sewer impact fees and PID fees. Staff recommends that $65 million in Certificates of Obligation be sold to complete construction of the facility. Adoption of the Resolution of Intent is the first step in this process. These would be sold at the same time as the General Obligation Bonds Series 2022 are sold for the voter -approved projects. FINANCIAL IMPACT: Future impact to sewer fees will be provided during the budget process. Some of the rate impact will be mitigated by the use of sewer impact fees to make debt payments on the COs. 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 - A GREAT PLACE TO LIVE GOAL 4 HIGH PERFORMING, PROFESSIONAL CITY STAFF RECOMMENDATION: Staff recommends that City Council adopt the Resolution of Intent. ATTACHMENTS: Notice Resolution (Anna 2022 COs) v1 APPROVALS: Alan Guard, Director of Finance Created/Initiated - 6/21/2022 Jim Proce, City Manager Final Approval - 6/23/2022 RESOLUTION NO. 2022-06- RESOLUTION DIRECTING PUBLICATION OF NOTICE OF INTENTION TO ISSUE COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION TO PROVIDE FUNDS FOR SEWER PROJECTS; AND RESOLVING OTHER MATTERS RELATING TO THE SUBJECT WHEREAS, this City Council deems it advisable to authorize publication of notice of intent to issue certificates of obligation for the purposes hereinafter set forth; and WHEREAS, the City of Anna (the "City") expects to pay expenditures in connection with the projects described in "Exhibit A" to this Resolution prior to the issuance of the certificates of obligation hereinafter described; WHEREAS, this City Council hereby finds, considers and declares that the reimbursement of the payment by the City of such expenditures will be appropriate and consistent with the lawful objectives of the City and, as such, chooses to declare its intention, in accordance with the provisions of Section 1.150-2 of the U.S. Treasury Regulations, to reimburse itself for such payments at such time as it issues the hereinafter described certificates of obligation; WHEREAS, it is hereby officially found and determined that the meeting at which this Resolution was considered was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Chapter 551, Texas Government Code. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: Section 1. Attached hereto and marked "Exhibit A" is a form of notice, the form and substance of which are hereby passed and approved. Section 2. The City Secretary shall cause said notice to be published in substantially the form attached hereto, in a newspaper, as defined by Subchapter C, Chapter 2051, Texas Government Code, of general circulation in the area of said City, once a week for two consecutive weeks, with the date of the first publication to be before the 45th day before the date tentatively set for the passage of the ordinance authorizing the issuance of the certificates, and, if the City maintains an Internet website, continuously on the City's website for at least 45 days before the date tentatively set for the passage of the ordinance authorizing the issuance of the certificates. Section 3. All costs to be reimbursed pursuant hereto will be capital expenditures; the proposed certificates of obligation shall be issued within 18 months of the later of (i) the date the expenditures are paid or (ii) the date on which the property, with respect to which such expenditures were made, is placed in service; and the foregoing notwithstanding, the certificates of obligation will not be issued pursuant to this Resolution on a date that is more than three years after the date any expenditure which is to be reimbursed is paid. Section 4. This Resolution shall be effective immediately upon adoption. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, this 28th day of June, 2022. Nate Pike, Mayor ATTEST: Carrie L. Land, City Secretary [CITY SEAL] CITY OF ANNA, TEXAS NOTICE OF INTENTION TO ISSUE COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION TO PROVIDE FUNDS FOR SEWER PROJECTS NOTICE IS HEREBY GIVEN that the City Council of the City of Anna, Texas, at its meeting to commence at 6:30 P.M. on August 23, 2022, at the Anna ISD Board Room, 201 E. 7th Street Anna, Texas, tentatively proposes to adopt an ordinance authorizing the issuance of interest bearing certificates of obligation, in one or more series, in an amount not to exceed $66,325,000 for paying all or a portion of the City's contractual obligations incurred in connection with (i) acquiring, constructing, installing, and equipping additions, improvements, extensions, and equipment for the City's sewer system, including wastewater treatment plant and related infrastructure improvements and the acquisition of land and interests in land as necessary therefor; and (ii) legal, fiscal and engineering fees in connection with such projects. The ordinance may authorize an authorized officer of the City to effect the sale and delivery of the certificates of obligation on a date subsequent to the adoption of the ordinance. The maximum interest rate for the certificates may not exceed the maximum legal interest rate. The maximum maturity date for the certificates is February 15, 2047. The estimated combined principal and interest required to pay the certificates to be authorized on time and in full is $123,380,308. The current principal of all outstanding debt obligations of the City is $52,593,000. The current combined principal and interest required to pay all outstanding debt obligations of the City on time and in full is $79,760,969. The City proposes to provide for the payment of such certificates of obligation from the levy and collection of ad valorem taxes in the City as provided by law and from a pledge of surplus revenues of the City's waterworks and sewer system, remaining after payment of all operation and maintenance expenses thereof, and all debt service, reserve, and other requirements in connection with all of the City's revenue bonds or other obligations (now or hereafter outstanding), which are payable from all or any part of the net revenues of the City's waterworks and sewer system. The certificates of obligation are to be issued, and this notice is given, under and pursuant to the provisions of V.T.C.A., Local Government Code, Subchapter C of Chapter 271. CITY OF ANNA, TEXAS THE CITY OF Anna Item No. 7.g. City Council Agenda Staff Report Meeting Date: 6/28/2022 Staff Contact: Marc Marchand AGENDA ITEM: Approve a Resolution in support of the installation of an outdoor Fitness Court at Slayter Creek Park and authorize the City Manager to apply for a $50,000 grant sponsored by National Fitness Campaign. SUMMARY: The City of Anna has an opportunity to apply for a $50,000 grant to install an outdoor fitness court. The total turnkey cost is $231,350, or $181,350 if the City is awarded a grant. The project was presented to the Parks Advisory Board, and they unanimously recommended pursuing the opportunity. FINANCIAL IMPACT: The project cost is $181,350 if a grant is awarded to the City of Anna. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 3: Great Place to Live STAFF RECOMMENDATION: Approve a Resolution in support of the project and authorizing the City Manager to apply for a grant. ATTACHMENTS: 1. 2022 NFC Briefing Deck _BCBSTX 2. 4-USAShade Structure -Fitness Court_2022 3. Resolution in Support of Fitness Court at Slayter Creek Park APPROVALS: Dalan Walker, Parks Created/Initiated - 6/23/2022 Jim Proce, City Manager Final Approval - 6/23/2022 r171 rJJ�`Jr1L 1`/l��fl�`J� June 24, 2022 �"j r r r�r �00,t) W , THE CITY OF All -Ma f j�j r-1�� rJJJ,-r r�r rr~J� rJi��1s p r��s j'Ir j 'N "P i et)ur� w I",,) f I :L)jj'� "A elf) :j e j � :-3 je .do '"A �o f .�# 10 �),w f6fj—v,..o y �Jl'rf] ffi= f]` �15!'��� J "NO 'r I JJ btAry wt)fsl�t)ut �f : !11,ram ! 1�f� !..1J1 vIj1'r` jf)j 1-0 w , N THE CITY OF All -Ma j — f )�] ro q-j ro 1.09 f� r s 1� p , �Istoob W , THE CITY OF All -Ma j - f )�] .9 !J 1^r r��qj ! r�'�-��� r��� j — f )�] ro q-j ro 1.09 f� r s 1� f I�j ro ro '.09 f� I ..o ■ `, f it r�-r�,���� rotjJ�-r r�r �r-r�Ji rJ����� • J!J:j '"'!jj&)jjr fil i; ej 9' oj 0. -ri- TOTAL PROJECT COST THE CITY OF All -Ma fj�j��� rJJJ,-r r�r �!���rr~J� rJ���1s p r��s -�4t.Wl !)I ut� = ? � �j�t ijz)� ;Ajw� sind siwhirAt�? oh:j rj�y j'Asinsitlartie sipplylto :.j �J,JJJ : n-1it? s;1zjrfl:.mjoj1 by Ph ?luf =1 r= flip 0_ 1), Zo sjwn-f dijoJea THE CITY OF All -Ma r171 rJJ�`Jr1L 1`/l��fl�`J� June 24, 2022 �"j r r r�r �00,t) W , THE CITY OF All -Ma Ar. Or - - - - 66, , - —:'� r Ay w 1p 'd jo PIT Ak �i- 04fr d pip !k -31 Ir I.V T r YL A.. Lr 4-1 2- Ll tc a 2. r ip n' t�Jd6 kj at IWO; 41' e ir Id . 04 It �p 4 r jr JA "41 OF -4 "' 41 'Awl 's 0 AL w, ,7 AL A W�- 169 h]LT'� a A 1 Sr -.:. k M NATIOMAL FITWESS CAMPAIGN .#.. , Priority • • .'i 1 i � i PH e a It NATIONAL FITNESS CAMPAIGN JGHT TO YC 00 0000 COMMUNITY 0i� i Health Options ly MVPx� HEALTH CARE RenownQD � A �f 19 log, 190 BlueCross Bluehield F Kansas Blu � ross BtueS ld BlueCross BlueShield BlueCross Blu S i ld of Alabama of Illinois of Texas .IEAN-MIC�EL BASQQ1A7Tu 2022 FEATURED ARTIST COLLECTION Ha,4: 2021 FEATURED ARTIST COLLECTION TM HEALTH #C IASSACHUSETTS i wT - , ,-- ,t -mmmmi- n I from WHO WE ARE LFITNESS NESS National Fitness Campaign is a San Francisco based wellness consulting firm. T ONW -O ow t ;Mopw jw- mom" 7 ke P -7 of W H AT WlE D O � ,. - NFC develops partnerships with cities, schools and sponsors to build healthy communities.4- - NATIONAL FITNESS CAMPAIGN CAMPAIGN STORY 1979 1980-2000 FITNESS COURT° CAMPAIGN INVENTED EXPANDS i I 2012 NEW CAMPAIGN & WORLD CLASS TEAM 2018 - PRESENT WELCOMING OUR 500TH HEALTHY COMMUNITY I a Woo USA CANADA AUSTRALIA I� COUNTRIES MITCH MENAGED GADI AMIT k NFC FOUNDER NEW DEAL DESIGN 10,9000 FITNESS COURTS° SAM LUCENTE MARK LAUREN ' HEWLETT PACKARD SPECIAL FORCES 2030 N FC REACHES 10,000 COMMUNITIES • i/■ +�I!.y x } > / � :;'ohs# f NATIONAL FITNESS CAMPAIGN CAMPAIGN MISSION OUR MISSION BUILD HEALTHY COMMUNITIES BY BRINGING PEOPLE OUTSIDE TO MOVE EVERY DAY. WE MAKE WORLD CLASS FITNESS FREE! NATIONAL FITNESS CAMPAIGN 2022 CAMPAIGN OVERVIEW e--� R FST.,x4 Ye *V+ FIATIOFIdL FiTN ESS {AF�PAIGM BlueCross BlueShield FITHF$54lMIRT of Texas A COMPREHENSIVE COMMUNITY WELLNESS PROGRAM DESIGN & PLANNING CSPONSOR SUPPORT GRANT FUNDING INSTALLATION FITNESS COURT° MEDIA &PRESS LAUNCH & IMPACT AMBASSADOR TRAINING I ;Rol N _ 1_ k ~ + Qum I kfiNL- VIP- •� - r 0 IL Ann span ALk AM AMM FITNESS COURT@ WORLDS BEa i OUTDOOR GYM .. . . . . . .. CORE SQUAT 7 MOVEMENT FULL BODY WORKOUTS .. . . . . . .. PUSH ........0 LUNGE ........0 PULL FITNESS COURT@ FUNCTIONAL TRAINING SYSTEM THOUSANDS OF EXERCISES AGILITY SCIENTIFICALLY DESIGNED BEND ti-- "' h Ix#d+VAL F� + fiy'y k w HIHG WORLD'S L:ARG .. - OUTDOOR GYM 0 11 s Ad ty h Aj or x f:w � TF FITNESS COURT@ 5 ADULTS OF ALL AGES to see movements to improve aj - Carol C/aybaker, Senior Resident of Jan r. "1 zsouai tt ro-�How A WORKS,4'- ri -41F-e7- NATIONAL FITNESS CAMPAIGN CAMPAIGN SERVICES APPROVED PRE LAUNCH AMBASSADOR SUPPORT TRAINING ' .. 1.1 1AN _ ■ k f lm� r 'fl w w a �MLJ�.4ILJ� w- - -k FREE WORKOUTS MEDIA & PRESS LAUNCH! & GROUP CLASSES A wellness culture to engage people in healthy communities! INIGAN CAN DATA & I M PACT NATIONAL FITNESS CAMPAIGN FITNESS COURT° PUBLIC ART Blue Cross Blue Shield of Texas Fitness Courts F 1- w� 4�11 MEt i rY■ _ -r STANDARD DESIGN FOR BLUE CROSS BLUE SHIELD OF TEXAS CAMPAIGN IN TEXAS Each Fitness Court° is a one -of -a -kind work of art. JEAN-MICHEL BASQUTAT 2022 FEATURED ARTIST Additional Funding Required DAM IN LUJAN - SANTA ANA, CA a LOCAL ARTIST Additional Funding Required No Additional Funding Required NATIONAL FITNESS CAMPAIGN 2022 CAMPAIGN OVERVIEW e--� R FST.,x4 Ye *V+ FIATIOFIdL FiTN ESS {AF�PAIGM BlueCross BlueShield FITHF$54lMIRT of Texas A COMPREHENSIVE COMMUNITY WELLNESS PROGRAM DESIGN & PLANNING CSPONSOR SUPPORT GRANT FUNDING INSTALLATION FITNESS COURT° MEDIA &PRESS LAUNCH & IMPACT AMBASSADOR TRAINING J+ Fi _ tness CourfsO coming to America by 2030 Vancouver i As 1J �. NATIONAL FITNESS CAMPAIGN NFC 2022 NATIONWIDE STATUS 7a, ONTARIO 4 QLN � D. A% MI M N A Sa 4� 5+T y o W A #REV. UTAH Unit a 4TpN.M. cm fu A. J� OUR GOALr BUILD A FREE OUTDOOR FITNESS COURT° WITHIN "0A A10 MINUTE BIKE RIDE OF EVERY AMERICAN NL V L LivM / i�i3Fti.i�T'ru NieAJV YQFk Mexico 1dY Ql) 0 2022 T E Sot,-. EWIDE CAMPAIGN PRESENTED BY BLUE CROSS AND BLUE SHIELD OF TEXAS allm- LIMITED FUNDING FOR UP TO 20 COMMUNITIES IN 2022 rr BlueCross BlueShield of Texas NATIONAL FITNESS CAMPAIGN TEXAS STATE SPONSOR rr BlueCross Blu Shi ld or"I'exas max $1,000,000 in Funding Now Available for Qualified Site Partners is • s Strategic Plan Adopted for Health Impact Across Texas 527 Fitness Courts° coming by 2030! 0 OIX 11 NATIONAL FITNESS CAMPAIGN NFC GRANT REQUIREMENTS STEP 1 NFC GRANT PROGRAM STEP 2 STEP 3 STEP 4 NATIONAL FITNESS CAMPAIGN WELLNESS AS A PRIORITY C ,oft aT\i s,N HEALTHY LIVING POHO(140 s E 0 NATIONAL FITNESS CAMPAIGN SITE SELECTION Design & Planning Consulting Site selection workshop t1' 0 /, Phase Plan & Multi -Site Mapping 4 Circulation Planninc Site Plan Integration IPedestrian Movement Analysis A q �--Ai,,=. 11 1Y, DININECTED locations must •'i 4. nteg rated with = ti A• + lestrian infrastructure. - i 2022 CAMPAIGN FUNDING REQUIREMENT NFC PROGRAM FUNDING The Fitness Court"' and National Campaign Services Art Options State Sponsor Art Collection Included a Local Artist Collection $25,000 NFC PROGRAM TOTAL WITH $50,000 GRANT AWARD CONCRETE SLAB Can be performed in-house or in -kind EIS INSTALLATION Turn Key Fitness Court Assembly Art & Graphic Installation Installation Partner (Separate contract) $ 1429350 OPTIONAL $929350 est.$ 0-20,000 $ 25,000 With Prevaiing Wage Rates: $27,000 It FEDERAL AND STATE FUNDING Expert funding consulting for eligible partners COMMUNITY DEVELOP'.' E� f BLOCK CRAFT I I 0A 1 IF k w1,j HLAITHICARE ssm -east 0 POWERROE. Patronieity � • KAISER L j Cleveland Clinic _ PERMANENTE More ll�'?llf"t ��crrl� ICrwanis 4P T "' '� FLEFT FEET � . FlOPMA[ K. AY.4N1 [Y) TexaS Health C OX. .JJ4}pOTFlIF' r�rlVG 1 0 0 0 "i OVER SPONSORS NATIONWIDE It LOCAL AND REGIONAL SPONSORS NATIONAL FITNESS CAMPAIGN CAMPAIGN TIMING Campaign seeking qualified applicants able to meet the 2022 timeframe for adoption and local funding match. NATIONAL FITNESS CAMPAIGN PARTNERSHIP QUALIFICATION PROCESS PRE APPLICATIO PHASE AWARD PHASE LAUNCH PHASE 1 Feasibility Review 2 Evaluation Call 3 Non -Binding Grant Application 4 Award of Grant Eligibility (First Come, First Served) 5 Local Adoption by Governing Body 6 Develop and Confirm Funding Match 7 Shipment for Storage 8 Install Concrete Slab and Art Approval 9 Fitness Court Assembly 10 Press Launch Ceremony Ift NATIONAL FITNESS CAMPAIGN DISCUSSION - Q&A STEP 1 STEP 2 STEP 3 STEP 4 USASHADE & Fabric Structures,,; Fitness Courr Shade Structures USA SHADE is the official shade structure provider of the National Fitness Campaign. This shade structure has been designed specifically for the Fitness Court° integrating beautifully with form and function. For more information about the National Fitness Campaign, visit: www.nationalfitnesscampaign.com 49=0'-4 C-C�/ USASHADE • 111m6rie •eruefures. USA SHADE is the official shade structure sponsor of National Fitness Campaign. This unique shade structure has been designed specifically for the Fitness Court°, integrating beautifully with form and function. Fitness Court° shade structures employ durable fabrics to boost UV protection, heighten aesthetics and increase overall use of the Fitness Court°. Color Package Post Option: Shade Option: Powder coated steel Canvas material Tele-gray Navy Blue White 115892 Shade 90% Shade 57% UV 94% UV 86% Quick View Side Profile b 0 0 0 Extreme 32 fabrics carry a 10 year limited manufacturers warranty from the date of installation against failure from significant fading, deterioration, breakdown, mildew, outdoor heat, cold or discoloration. UV HEAT HAIp STRUCTURE FUNDS + INSTALLATION Shade Structure: ................................................................................................ $26,000 - 41'x41' Fabric Shade Structure - 4 Powder Coated Steel Columns - Galvanized Tension Cables - Custom Color Design Installation: (Estimate May Vary per Location)......................................................• $15,000 - Site Prep and Excavation - Labor Cost for Install of Shade Structure Shipping and Handling: (Estimate May Vary per Location) ....................................• $3,000 TOTAL ESTIMATED FUNDING REQUIRED: ............... $449000 CITY OF ANNA RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS, HEREINAFTER REFERRED TO AS "APPLICANT" DESIGNATING CERTAIN OFFICIALS AS BEING RESPONSIBLE FOR ACTING FOR AND ON BEHALF OF THE "APPLICANT" IN DEALING WITH NATIONAL FINESS CAMPAIGN, HEREINAFTER REFERRED TO AS "GRANTOR", FOR THE PURPOSE OF PARTICIPATING IN THE 2022 BLUE CROSS AND BLUE SHIELD OF TEXAS STATEWIDE CAMPAIGN, HEREINAFTER REFERRED TO AS THE "PROGRAM"; CERTIFYING THAT THE "APPLICANT" IS ELIGIBLE TO RECEIVE PROGRAM ASSISTANCE; AND CERTIFYING THAT THE "APPLICANT" HAS ADDITIONAL PROJECT FUNDING READILY AVAILABLE. WHEREAS, the "Applicant" is fully eligible to receive assistance under the "Program"; and WHEREAS, the "Applicant" desires to provide opportunities for neighbors to maintain and improve their personal health and fitness; and WHEREAS, the "Applicant" desires to participate in the "Program"; and WHEREAS, the "Applicant" desires to authorize an official to represent and act for the "Applicant" dealing with the "Grantor" concerning the "Program", and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. That the recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. That the "Applicant" hereby certifies that it is eligible to receive assistance under the "Program". Section3. That the "Applicant" hereby certifies that additional funding is readily available for the project. Section 4. That the "Applicant" hereby authorizes the City Manager to act for the "Applicant" in dealing with the "Grantor" and is hereby officially designated as the representative in this regard. Section 5. That the "Applicant" hereby specifically authorizes the official to make application to the "Grantor" PASSED by the City Council of the City of Anna, Texas, on this 28th, day of June 2022. APPROVED: Mayor Nate Pike ATTEST: City Secretary