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2018-03-13 Regular Meeting Packet
AGENDA THE CITY OF Regular City Council Meeting AAAa Tuesday, March 13, 2018 @ 7:30 PM Anna City Hall, Council Chambers 111 N. Powell Parkway, Anna, Texas 75409 The City Council of the City of Anna will meet in Regular Session at 7:30 PM, on March 13, 2018, at the Anna City Hall, Located at 111 North Powell Parkway (Hwy 5), to consider the following items. Welcome to the City Council Meeting. Please sign the Sign -In -Sheet as a record of attendance. If you wish to speak on an open -session agenda item, please fill out the Opinion/Speaker Registration Form and turn it in to the City Secretary before the meeting starts. 1. Call to Order, Roll Call and Establishment of Quorum. 2. Invocation and Pledge of Allegiance. 3. Citizen Comments. Citizens are allowed three minutes to speak. The Council is unable to respond to or discuss any issues that are brought up during this section that are not on the agenda, other than to make statements of specific factual information in response to a citizen's inquiry or to recite existing policy in response to the inquiry. 4. Receive reports from Staff or the City Council about items of community interest. Items of community interest include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen (but not including a change in status of a person's public office or public employment); a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. 5. Consent Items. These items consist of non -controversial or "housekeeping" items required by law. Items may be considered individually by any Council member making such request prior to a motion and vote on the Consent Items. a. Approve Council Meeting Minutes for February 13th and 27th. (City Secretary) b. Approve a resolution approving the "Mangum" development plat. (Maurice Schwanke) c. Approve a resolution approving the "Park Place at Anna PH 1" Final Plat. (Maurice Schwanke) d. Approve a resolution approving "Anna Country RV Ranch" development plat. (Maurice Schwanke) e. Approve an Ordinance altering the prima facie speed limits on FM 455 between SH 5 and US 75. (Joseph Johnson) f. Approve a Resolution approving a Facilities Use Agreement with the Anna Sports Group for 2018 and Authorizing the City Manager to Execute Same. (Maurice Schwanke) g. Approve a Resolution approving a Special Event Permit for a fundraising activity on April 7th, 2018 for the Samaritan Inn. (Maurice Schwanke) 6. Consider/Discuss/Action regarding making an appointment to the CDC board to fill vacancy of place. (City Secretary) 7. Consider/Discuss/Action regarding making an appointment to the EDC board to fill vacancy of place 7. (City Secretary) 8. Consider/Discuss/Action on an appointment to the Parks Advisory Board filling a vacancy to Place 1 with a term expiring in June 2019.(City Secretary) 9. Consider/Discuss/Action regarding two appointments to the Anna Fire and Auxiliary Association Inc. Board of Directors. 10. A) Continuance of the public hearing to consider public comments regarding a request by Skorburg Company, owner(s) of the property. The property is currently zoned Planned Development Ordinance 129-2004 as amended by Ordinance number 627-2013 which allows commercial, multifamily and single family on the subject tract. The owner request to add to the Planned Development the right for Patio Homes (smaller lots) on a specific tract . The property is located east of Finley Blvd. and north of Sharp street. B) Consider/Discuss/Action on an ordinance regarding the request by the owner(s) of the property to add to the Planned Development Ordinance 129-2004 as amended by Ordinance number 627-2013 the right for patio homes on small lots on a specific tract. (Maurice Schwanke) 11. Consider/Discuss/Action regarding a Resolution finding a public necessity and authorizing City staff to use lawful means, including negotiations and, if necessary, proceedings in eminent domain, to acquire an easement on private property owned by Judy K. Logsdon. (Joseph Johnson) 12. Consider/Discuss/Action regarding a resolution approving a Subdivision I mprovement Agreement for Park Place at Anna Ph. 1. (Maurice Schwanke) 13. Consider/Discuss/Action on a Resolution instituting Annexation proceedings and setting the dates, times and places for public hearings for the annexation of a 10.144 acre tract of land located in the Grandison Stark Survey, Abstract No. 798. (Maurice Schwanke) 14. CLOSED SESSION (EXCEPTIONS) Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. Consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071); City Services Contract b. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); acquisition of right-of-way, easements, city facilities c. Discuss or deliberate personnel matters (Tex. Gov't Code §551.074); City Manager, City Attorney Annual Evaluation, Boards and Commissions The Council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. 15. Consider/Discuss/Action on any items listed on 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. (If there is no need to address any other such agenda item, the Mayor shall adjourn this meeting). 16. Adjourn. There being no further business before the Council, we will consider this meeting adjourned at p.m. This is to certify that I, Carrie L. Smith, City Secretary, posted this agenda at a place readily accessible to the public at the Anna City Hall and on the City Hall bulletin board at or before 5:00 p.m. on March 9, 2018 Carrie L. Smith, City Secretary 1. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made. THE CITY OF AiAtia AGENDA ITEM: Item No. 5.a. City Council Agenda Staff Report Meeting Date: 3/13/2018 Approve Council Meeting Minutes for February 13th and 27th. (City Secretary) SUMMARY: STAFF RECOMMENDATION: ATTACHMENTS: Description Upload Date Type February 13, 2018 Work Session Minutes 3/9/2018 Exhibit February 13, 2018 Regular Session Minutes 3/9/2018 Exhibit February 27, 2018 Regular Session 3/9/2018 Exhibit ANNA CITY COUNCI L MINUTES WORK SESSION February 13, 2018 The City Council of the City of Anna met in Work Session on the above date at Anna City Hall, located at 111 North Powell Parkway (Hwy 5), to consider the following items. 1. Call to Order, Roll Call and Establishment of Quorum Mayor Pike called the meeting to order at 6:30 p.m. Council Members Beazley and Miller were absent. Council Member Beazley arrived at 6:48 p.m. 2. Discuss State Highway 5/Powell Parkway project rights -of -ways. Public Works Director Joseph Johnson gave a brief project overview. 3. Discuss progress of new website design and other community education efforts. (Jessica Perkins) Assistant to City Manager Jessica Perkins gave a brief project update. 4. CLOSED SESSION (EXCEPTIONS) Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. Consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071); b. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); acquisition of right-of-way, easements MOTION: Council Member Martinez moved to enter closed session. Council Member Bryan seconded. Motion carried 6-0. Mayor Pike recessed the meeting into closed session at 6:47 p.m. Mayor Pike reconvened the meeting at 7:28 p.m. 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. 5. 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. 6. Adjourn. There being no further business before the Council, we will consider this meeting adjourned at p.m. Mayor Pike adjourned the meeting at 7:29 p.m. Approved on the March 13, 2018. Mayor Nate Pike ATTEST: City Secretary Carrie L. Smith ANNA CITY COUNCI L MINUTES REGULAR SESSION February 13, 2018 1. Call to Order/Roll Call and Establishment of Quorum Mayor Pike called the meeting to order at 7:34 p.m. All members were present. 2. Invocation and Pledge of Allegiance. Mayor Pike led the invocation and pledge. 3. Citizen Comments. Citizens are allowed three minutes to speak. The Council is unable to respond to or discuss any issues that are brought up during this section that are not on the agenda, other than to make statements of specific factual information in response to a citizen's inquiry or to recite existing policy in response to the inquiry. Marietta Schell, 2115 Taylor Road, feels there is a disconnect in communication between the City and the citizens. She requested Council stop new development until the Neighborhood Design Manual is complete. William Morgan, 2029 Helmoken Falls Drive, opposed to Items #9; #10 and #12. He would like more information on the City Facilities Council has approved. Tom Plunkett, 917 Calder Ct, thanked Fire Marshall Dockray for assisting a needy resident. He requested everyone vote in the County Election; which, voting begins February 2. 4. Receive reports from Staff or the City Council about items of community interest. Items of community interest include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen (but not including a change in status of a person's public office or public employment); a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. 5. Consent Items. These items consist of non -controversial or "housekeeping" items required by law. Items may be considered individually by any Council member making such request prior to a motion and vote on the Consent Items. Items f., g. and h. were removed from the consent agenda. a. Approve minutes for the City Council January 23, 2018 meeting. b. Review minutes of the CDC's meeting from November 2, 2017 and December 7, 2017. (Jessica Perkins) C. Review minutes of the EDC's meeting from November 2, 2017 and December 7, 2017. (Jessica Perkins) d. Review minutes of the Park Board's meetings for November 27, 2017 and December 18, 2017 (Maurice Schwanke). e. Approval of a Resolution supporting the reconstruction and expansion of State Highway 5 in the City of Anna by the Texas Department of Transportation. (Joseph Johnson) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS IN SUPPORT OF THE RECONSTRUCTION AND WIDENING OF STATE HIGHWAY 5 FROM STATE HIGHWAY 121 TO COUNTY ROAD 375. MOTION: Council Member Beazley moved to approve consent agenda items a. through e. Council Member Bryan seconded. Motion carried 7-0 f. Review Quarterly Investment Report (Dana Thornhill) In accordance with the Public Funds Investment Act, the City of Anna is required to submit a quarterly report on the investment of all Public Funds held by the City. The report was developed with our investment advisors, Valley View Consulting, LLC. The report included the following: • Review of economic conditions • Review of the City's holdings • Comparison of book vs. market value • Allocation information • Other information related to P F I A MOTION: Mayor Pike moved to approved. Council Member Beazley seconded. Motion carried 7-0. g. Approval of a Resolution and I nterlocal Agreement with Collin County for Dispatch Services for Fire Department Each year the City enters into a ILA with Collin County for Dispatch services for the Police Department. Recently the County discovered that Inter -local agreement's had not been done with area Fire Departments. This I nter-local agreement will not change procedures that have been taking place over the years. The County will still provide Dispatch Services to the Fire Department at zero cost. MOTION: Council Member Martinez moved to approve. Council Member Burr seconded. Motion carried 7-0. h. Approve a Resolution Reaffirming the City of Anna Strategic Plan (City Council) As a result of a Saturday Work Session, Staff is asking that City Council reaffirm the City of Anna Strategic Plan, originally adopted in April 2017. The plan is a critical communication to Staff of City Council's desired direction. Its reaffirmation will guide Staff as we approach all projects in the current fiscal year and begin our development of the fiscal year 19 budget. A RESOLUTION OF THE CITY OF ANNA, TEXAS, REAFFIRMING THE CITY OF ANNASTRATEGIC PLAN MOTION: Council Member Beazley moved to approve. Council Member Burr seconded. Motion carried 7-0. Mayor Pike moved to Item 13. on the agenda. 6. A) Conduct a public hearing to consider public comments regarding a request by Standridge Companies, owner(s) of the property, to change the zoning of the subject property from (AG) Agricultural to (PD) Planned Development with (C-1) restricted commercial with additional uses. The property is generally located at the northwest corner of U.S. Highway 75 and West White Street (FM 455). (Maurice Schwanke) B) Consider/Discuss/Action on a recommendation regarding a request by the owner of the property to be granted a zoning change from (AG) Agricultural uses to (PD) Planned Development Uses. Mayor Pike recused himself from the meeting. The requested zoning change contains 77.97 +/- acres adjacent to the west side of U.S. Highway 75 and north of West White Street (F.M. 455). This tract has been contemplated by Anna's Comprehensive Plans as a commercial area but never was part of a permanent zoning application. The uses proposed are consistent with the Plans and area. The tract has approximately 4,200 lineal feet of frontage on U.S. 75 and approximately 750 lineal feet along West White Street. TXDOT has already acquired right-of-way for U.S. 75 expansion. Being at the most prominent entry point into the City off of U.S. 75 It is anticipated that this tract will be a significant economic/service engine for the community. With the development of this tract a north/south thoroughfare is anticipated along the western boundary as shown on the existing Comprehensive Plan and the proposed Comprehensive Plan currently being prepared. One of the requests of the PD is for the maximum height to be allowed at 100 feet (currently 35 feet). At this time, however, the request would burden our Fire Departments capabilities. As such the Fire Department is recommending a maximum height of 55 feet to the top of the ceiling of the highest floor constructed. The buildings would ultimately be higher with parapet walls and roof systems. I n the future, extending the height could be an option for this site and the U.S. 75 corridor in general. Mayor Pro Tern Burr opened the public hearing at 8:36 p.m. William Morgan, 2029 Helmoken Falls Dr., is concerned with fire protection. Stacy Standrige, property owner was present to answer any questions. Mayor Pro Tern Burr closed the public hearing at 8:39 p.m. 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. MOTI ON: Council Member Martinez moved to approve. Council Member Beazley seconded. Motion carried 6-0. Mayor Pike returned to the meeting. 7. A) Conduct a public hearing to consider public comments regarding a request by Zablink Hospitality, owner(s) of the property, to allow for a (SUP) Special Use Permit authorizing the use of a hotel on the subject property and approval of a Site Plan. The property is generally located at the northeast corner of U.S. Highway 75 and West White Street (FM 455). (Maurice Schwanke) B) Consider/Discuss/Action on recommendation regarding a request by the owner of the property to be granted a (SUP) Special Use Permit to allow for hotel uses on the subject property and approval of a Site Plan. The owner of the property is requesting a Special Use Permit and approval of a Site Plan to allowthe use of a hotel on the property. A Special Use Permit is required for a hotel use by the Planned Development ordinance's development standards for the subject property. Mayor Pike opened the public hearing at 9:05 p.m. Carl Smith, 518 Creekview Drive, opposed to hotel. William Morgan, 2029 Helmoken Falls Dr., opposed to hotel. David Stump, 321 Creeksie Dr, favors hotel. Danny Ussery, 1813 Sablewood Dr., opposed to location of hotel. Jody Foster, 2401 Hillside, opposed to hotel. Erin Thompson, 210 Stanley Falls, opposed to location of hotel. Patty LeFrak, 308 Creekview, opposed to location of hotel. Jim Henderson, 2401 Hillside, opposed to location of hotel. Reverend Lusky„ 524 Creekview, opposed to location of hotel. Anna Bishara, 2405 Pottview, opposed to location of hotel. Marietta Schell, 2115 Taylor, opposed to location of hotel. Mayor Pike closed the public hearing at 9:42 p.m. AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY'S COMPREHENSIVE PLAN, ZONING MAP, AND ZONING ORDINANCE AND APPROVING A SPECIFIC USE PERMIT ON CERTAIN PROPERTIES AS DESCRIBED HEREIN; PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A PENALTY CLAUSE NOT TO EXCEED $2,000 OR THE HIGHEST PENALTY AMOUNT ALLOWED BY LAW, WHICHEVER IS LESS; AND, PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. MOTI ON: Council Member Beazley moved to approve. Council Member Martinez seconded. Motion carried 6-1. Bryan opposed. 8. Consider/Discuss/Action on resolution approving "Anna Town Center Lot 3, Block A" Final Plat.(Maurice Schwanke) The "Anna Town Center Lot A Block 3" final plat contains 2.002 acres located in the Thomas Ratton Survey, Abstract No. 782, and the F.T Duffau Survey, Abstract No. 288. The final plat is Lot 3, Block A of the Anna Town Center Addition. A letter is on file stating that no downstream properties will be impacted by the Development. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A FINAL PLAT OF ANNA TOWN CENTER ADDITION BLOCK A, LOT 3. MOTION: Council Member Beazley moved to approve. Council Member Miller seconded. Motion carried 6-1. Bryan opposed. 9. Consider/Discuss/Action regarding a Resolution finding a public necessity and authorizing City staff to use lawful means, including negotiations and, if necessary, proceedings in eminent domain, to acquire an easement on private property owned by Richard L. Chron and Bill & Darla Theis. (Joseph Johnson) The US 75 Utility Relocation Project consists of approximately 11,957 linear feet of water line relocations necessary due to additional right-of-way acquisition by the Texas Department of Transportation (TxDOT) for the reconstruction of US 75. The project is at a critical juncture where City utilities must be relocated promptly in order to avoid conflicts with imminent roadway construction. This yet to be acquired easement is preventing the project from moving forward. In order to construct this water line, the City will need to acquire an easement across property owned by Richard L. Chron and Bill & Darla Theis. The attached Resolution authorizes staff to negotiate, and, if necessary, initiate eminent domain proceedings to acquire the easement. The US 75 Utility Relocation Project supports the following goals from the City's adopted Strategic Plan: (1) Upgrade City Facilities & Infrastructure (2) Build Transportation Infrastructure A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, FINDING THAT A PUBLIC NECESSITY EXISTS FOR ACQUISITION OF A PERMANENT WATER LINE EASEMENT ON AND UNDER 0.280 ACRES OF REAL PROPERTY, MORE OR LESS; AUTHORIZING THE CITY MANAGER, STAFF, CONTRACTORS, AND THE CITY'S ATTORNEYS TO ACQUIRE SAID EASEMENTS BY ANY LAWFUL MEANS, INCLUDING BUT NOT LIMITED TO NEGOTIATIONS, AND, IF NECESSARY, PROCEEDINGS IN EMINENT DOMAIN; PROVIDING AN EFFECTIVE DAT E. MOTION: Council Member Beazley moved to approve. Council Member Bryan seconded. Motion carried 7-0. 10. Consider/Discuss/Action regarding a Resolution authorizing the City Manager to execute a contract with Wilson Contractor Services, LLC for the Foster Crossing Water Line Project. (Joseph Johnson) The City Council previously granted authorization to solicit competitive sealed proposals for the Foster Crossing Water Line Project. The project includes approximately 6,700 linear feet of 12" water line to be installed along Foster Crossing generally between SH 5 and Pecan Grove. The project is identified as a necessary project in our 10-year Capital Improvement Plan, will complete a critical water loop in our distribution system, and allows for activation of the Collin Pump Station. On January 11, 2018 at 3:00 PM, competitive sealed proposals were publicly opened and read for the Foster Crossing Water Line Project. 9 proposals were received. Our engineering consultant (Birkhoff, Hendricks & Carter) has evaluated the competitive sealed proposals received; checked references, and the contractors' qualifications and ability to perform the project. Subsequently, our consulting engineer has recommended that the City accept the proposal from Wilson Contractor Services, LLC and award them a contract in the amount of $622,712.92. Funds are available for this project in the 2012 Certificates of Obligation fund balance. The Foster Crossing Water Line Project supports the following goals from the City's adopted Strategic Plan: (1) Upgrade City Facilities & Infrastructure A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH WILSON CONTRACTOR SERVICES, LLC OF DENTON, TEXAS FOR THE FOSTER CROSSING WATERLINE PROJECT. MOTI ON: Council Member Beazley moved to approve. Council Member Martinez seconded. Motion carried 5-2. Bryan and Miller opposed. 11. Consider/Discuss/Action on an Ordinance ordering a General and Special Election to be held on May 5, 2018. This ordinance calls the May 5, 2018 general election for Mayor and for Place 1 on the City Council and a special election that proposes Charter amendments for decision by the voters. The ordinance further authorizes the City Manager to execute all necessary agreements for a joint election with the Anna ISD and the County for purposes of savings and uniformity. Staff recommends approval of the ordinance. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, ORDERING A GENERAL ELECTION TO BE HELD ON MAY 5, 2018 FOR THE PURPOSE OF ELECTING A MAYOR AND ONE CITY COUNCIL MEMBER AND A SPECIAL ELECTION TO PROPOSE TO VOTERS CERTAIN AMENDMENTS TO THE CITY OF ANNA, TEXAS HOME -RULE CHARTER; DESIGNATING POLLING PLACES; ORDERING NOTICES OF ELECTION TO BE GIVEN; AUTHORIZING EXECUTION OF JOINT ELECTION CONTRACTS; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION: Council Member Beazley moved to approve. Council Member Bryan seconded. Motion carried 7-0. 12. Consider/Discuss/ Action on an extension of the Hurricane Creek Subdivision Improvement Agreement. (Maurice Schwanke) After lengthy discussion and work, the City Council approved the Villages of Hurricane Creek Subdivision Improvement Agreement with an effective date of March 11, 2015. Within the agreement the Developer and the City had several obligations that would have needed to occur. The developer will not be able to meet their obligations by the expiration of the agreement. As such, the developer is proposing to extend the agreement for a two year period With some minor agreement changes. The staff would like to have 90 days to review the agreement and come back with recommendations for the Council to consider. A RESOLUTION OF THE CITY OF ANNA, TEXAS, TEMPORARILY EXTENDING THE VILLAGES OF HURRICANE CREEK SUBDIVISION IMPROVEMENT AGREEMENT MOTION: Council Member Bryan moved to approve. Council Member Burr seconded. Motion carried 7-0. 13. Consider/Discuss/Action on a Resolution Directing Publication of Notice of Intention to issue Certificate of Obligation (Dana Thornhill) Pursuant to the City's Strategic Plan Goal to Upgrade City Facilities and Infrastructure, it is the intent of the City to issue Certificates of Obligations for a City Hall which will include the Council Chambers, Police Station, Municipal Court, and other City departments, as well as a stand-alone Fire Station. The issuance of these bonds would have no tax rate impact. In addition, in pursuant to this Strategic Plan Goal to Build Transportation Infrastructure, it is also the Intent of the City to issue Certificate of Obligations for street improvements throughout the City. These bonds would have no tax rate impact as well. In the event any funds are remaining, once these projects are completed, the City will use the remaining bond funds for the purchase of a fire apparatus and information technology equipment, software, and related infrastructure. Jim Sabonas from Hilltop Securities, the City's Financial Advisors, provided a brief presentation as it relates to the issuance of tax-exempt Certificate of Obligation Bonds. Randall Scott the architect for the City Facilities gave a brief presentation showing a floorplan with the police station being located in City Hall. DIRECTING PUBLICATION OF NOTICE OF INTENTION TO ISSUE COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION; AND RESOLVING OTHER MATTERS RELATING TO THE SUBJECT MOTION: Council Member Burr moved to approve. Council Member Beazley seonded. Motion carried 7-0. 14. CLOSED SESSION (EXCEPTIONS) Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. Consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071); b. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); acquisition of right-of-way, easements No action. 15. Consider/Discuss/Action on any items listed on the posted agenda or any closed session occurring during this meeting, as necessary No Action. 16. Adjourn. Mayor Pike adjourned the meeting at 10:52 p.m. Approved on the March 13, 2018. Mayor Nate Pike ATTEST: City Secretary Carrie L. Smith ANNA CITY COUNCI L MINUTES REGULAR SESSION February 27, 2018 1. Call to Order/Roll Call and Establishment of Quorum Mayor Pike called the meeting to order at 7:36 p.m. Council Member Beazley was absent. 2. Invocation and Pledge of Allegiance. Mayor Pike led the invocation and pledge. 3. Citizen Comments. Citizens are allowed three minutes to speak. The Council is unable to respond to or discuss any issues that are brought up during this section that are not on the agenda, other than to make statements of specific factual information in response to a citizen's inquiry or to recite existing policy in response to the inquiry. William Morgan, 2029 Helmoken Falls Dr., expressed his concerns regarding the number of traffic accidents on US 75 during this construction. Police Chief Caponera stated the City had a meeting earlier in the day with TXDoT and the City of Melissa and discussed the issues. 4. Receive reports from Staff or the City Council about items of community interest. Items of community interest include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen (but not including a change in status of a person's public office or public employment); a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. Chief Caponera recognized Officer Osbourne for assisting a driver that was having medical issues due to complications of the Flu virus. Chief Caponera reminder everyone that "Coffee with Cops" will be held March 9, 2018 from 7 a.m. to 9 a.m. at Texas Star Bank. 5. Consent Items. These items consist of non -controversial or "housekeeping" items required by law. Items may be considered individually by any Council member making such request prior to a motion and vote on the Consent Items. Consent agenda items b. c., and d. were removed. a. Approve Council Meeting Minutes for February 3. (City Secretary) b. Approve a resolution approving the "Davis Redimix" development plat (Maurice Schwanke). The development plat is located within Anna's extraterritorial jurisdiction and generally located at 9535 County Road 286. The tract is located in the John Coffman Survey, Abstract No. 197 and contains approximately 147.083 acres of land. The owner is proposing to build a concrete batch plant on a portion of the property. The City of Anna does not have land use jurisdiction in the extraterritorial jurisdiction. The area does not have a substantial water source and therefore additional water service may need to be constructed for adequate operation. The submittal meets the City of Anna development plat requirements. The development plat shows a proposed thoroughfare traversing the property in accordance with the City's adopted Comprehensive Plan. The development plat was approved by the Planning and Zoning Commission. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE "DAVIS REDIMIXADDITION" DEVELOPMENT PLAT" MOTION: Council Member Martinez moved to approve. Council Member Burr seconded. Motion carried 4-2. Bryan and Miller opposed. c. Approve a resolution approving the "Dog Ranch Rescue" Development Plat (Maurice Schwanke). The development plat is located within Anna's extraterritorial jurisdiction and generally located at 10030 County Road 288. The tract is located in the J.M. Kincaid Survey, Abstract No. 509 and contains approximately 5 acres of land. The owner is proposing a non-profit dog rescue facility. The City of Anna does not have land use jurisdiction in the extraterritorial jurisdiction. The submittal meets the City of Anna development plat requirements and shows the appropriate right-of-way reservation for the adjacent thoroughfare. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE "DOG RANCH RESCUE ADDITION" DEVELOPMENT PLAT" MOTION: Council Member Miller moved to approve. Council Member Burr seconded. Motion carried 6-0. d. Approve a resolution approving an amended site plan for the Santa Anna Business Park located at 801 CR 286 (Maurice Schwanke). The original approved site plan included six buildings. The purpose of this amended site plan is to build only five buildings to allow semi -trucks and/or small delivery trucks to have better access for loading and/or unloading. Three of the original six buildings have been constructed. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A SITE PLAN OF SANTAANNA BUSINESS PARK. MOTION: Mayor Pike moved to approve. Council Member Miller seconded. Motion carried 6-0. e. Approve appointment of an Acting City Manager. (Bill Shipp) City Charter requires that a staff member be appointed to serve as Acting City Manager in the City Manager's absence or disability. Appointment requires City Council approval. Maurice Schwanke was appointed. f. Discuss/Consider/Action on an Ordinance adopting a new Rate Review Mechanism (RRM) tariff forAtmos. (Bill Shipp) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS APPROVING A TARIFF AUTHORIZING AN ANNUAL RATE REVIEW MECHANISM ("RRM") AS A SUBSTITUTION FOR THE ANNUAL INTERIM RATE ADJUSTMENT PROCESS DEFINED BY SECTION 104.301 OF THE TEXAS UTILITIES CODE, and as NEGOTIATED BETWEEN ATMOS ENERGY CORP., mid-tex DIVISION ("ATMOS mid-tex" OR "COMPANY") AND THE STEERING COMMITTEE OF CITIES SERVED BY ATMOS; REQUIRING THE COMPANY TO REIMBURSE CITIES' REASONABLE RATEMAKING EXPENSES; ADOPTING A SAVINGS CLAUSE; DETERMINING THAT THIS ORDINANCE WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE OPEN MEETINGS ACT; DECLARING AN EFFECTIVE DATE; AND REQUIRING DELIVERY OF THIS ORDINANCE TO THE COMPANY AND LEGAL COUNSEL FOR THE STEERING COMMITTEE. MOTION: Council Member Burr moved to approve Consent Agenda Items a., e., and f. Council Member Martinez seconded. Motion carried 6-0 6. A) Conduct a public hearing to consider public comments regarding a request by Skorburg Company, owner(s) of the property. The property is currently zoned Planned Development Ordinance 129-2004 as amended by Ordinance number 627-2013 which allows commercial, multifamily and single family on the subject tract. The owner request to add to the Planned Development the right for Patio Homes (smaller lots) on a specific tract . The property is located east of Finley Blvd. and north of Sharp street. B) Consider/Discuss/Action on an ordinance regarding the request by the owner(s) of the property to add to the Planned Development Ordinance 129- 2004 as amended by Ordinance number 627-2013 the right for patio homes on small lots on a specific tract. (Maurice Schwanke) The property is being proposed for the Patio Home concept, by Pacesetter homes, and is within District F and District H of Planned Development Ordinance Number 129-2004 of the Anna Town Square Development. These districts allow a wide range of uses from Commercial to Multifamily to Single Family at 3.5 units per acre. The proposed use is a single-family structure on a small lot in some cases in a unique set up. There are three basic setups which would include the following: 1. Units on 31' foot wide lots with rear entry detached garages on a private alley. 2. Units on 40' wide lots with front entry attached garages. 3. Units on 40' wide lots with front entry detached garages. These units will normally serve two segments of the population. These group are single/couple first-time house buyers or empty nesters that are downsizing. The outdoor living spaces for 1 and 3 units are between the garage and house while 2 units would be in the back yard. Because of the narrowness of the lots, wider streets are provided to allow for easier traversing of the streets when parking occurs on both sides. These lots will also address one of the Strategic Plan Goals of the City which is to Diversify Housing & Neighborhood Options. Mayor Pike opened the public hearing at 8:01 p.m. Director of Planning and Development Schwanke gave a brief overview. William Morgan, 2029 Helmoken Falls Dr., dislikes the lot size and feels it is not in compliance with the City's Strategic Plan. Developer Representative John Arnold gave a brief presentation of the product they are proposing. Mayor Pike closed the public hearing at 8:30 p.m. MOTION: Mayor Pike moved to table this item to a future agenda. Council Member Martinez seconded. Motion carried 6-0. MOTION: Mayor Pike moved to reopen the public hearing at 8:59 and to hold it open until March 13th at 7:30 p.m. to be held at 111 North Powell. Council Member Miller seconded. Motion carried 6-0. 7. Consider/Discuss/Action regarding a Resolution authorizing the City Manager to execute a contract with Dickerson Construction Company, Inc. for the US 75 Utility Relocation Project. (Joseph Johnson) The City Council previously granted authorization to solicit competitive sealed proposals for the US 75 Utility Relocation Project. The project includes approximately 11,957 linear feet of water line relocations necessary due to additional right-of-way acquisition by the Texas Department of Transportation (TxDOT) for the reconstruction of US 75. The project is identified as a necessary project in our 10-year Capital Improvement Plan, will replace undersized lines with lines of appropriate size, increases fire protection, and will facilitate economic development in the corridor. On February 1, 2018 at 3:00 PM, competitive sealed proposals were publicly opened and read for the project. Six proposals were received. Our engineering consultant (Birkhoff, Hendricks & Carter) has evaluated the competitive sealed proposals received, checked references and contractors' qualifications, and evaluated the contractors' ability to perform the project. Subsequently, our consulting engineer has recommended that the City accept the proposal from Dickerson Construction Company, Inc. and award a contract to them in the amount of $1,311,884.50. Funds are available to cash -flow the project through an I nter-local agreement (ILA) with Collin County previously approved by Council. Additionally, the project is eligible for reimbursement by TxDOT. The US 75 Utility Relocation Project supports the following goals from the City's adopted Strategic Plan: (1) Upgrade City Facilities & Infrastructure (2) Build Transportation Infrastructure A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH DICKERSON CONSTRUCTION COMPANY, INC. OF CELINA, TEXAS FOR THE US 75 UTILITY RELOCATION PROJECT. MOTION: Council Member Bryan moved to approve. Council Member Miller seconded. Motion carried 6-0. 8. Consider/Discuss/Action on a Resolution approving a Concept Plan for Natural Springs Park. (Maurice Schwanke) The Concept Plan for Natural Springs Park has changed over the course of time as uses shift or are added to the development. The concept attached represents the current improvements, proposed projects in the current budget, and future projects. Additionally, the Concept Plan shows the configuration of the Natural Springs Park after the approved land swap of 1.185 acres occurs. Current plan improvements include the dredging of the northern pond (waiting on last bid), construction of a drive and parking lot (will be out for bid in March and hopefully awarded in April). A grant is being used for the construction of the trail on the eastern edge of the northern pond (90 percent complete). The drive across the northern part of the park north of the north pond will be constructed by the developer of the land swap. New uses added to the park is a large venue amphitheater, a small venue amphitheater, as well as a potential burn/wild flower area. A use deleted from the previous concept plan is a dog park as well as several other buildings that have been razed. The Concept Plan shown has been recommended by the Parks Board. This agenda item addresses the Strategic Plan Theme #2 COMMUNITY VIBRANCY Goal: Improve Curb/Aesthetic Appeal of Community Improve and expand city's parks and open spaces Focus on improvements to Natural Springs Park (ponds, restrooms, parking areas, office space). A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE REVISED CONCEPT PLAN FOR THE "NATURAL SPRINGS PARK" IN THE AREA GENERALLY LOCATED EAST OF FERGUSON PARKWAY AND SOUTH OF WHITE STREET (FM 455). MOTION: Council Member Burr moved to approve. Council Member Bryan seconded. Motion carried 4-2. Martinez and Miller opposed. 9. Discuss/Consider/Action on appointments to the Neighborhood Design Advisory Committee. (City Council) At the January 23rd 2018 City Council meeting the City Council adopted a resolution creating a Neighborhood Design Advisory Committee and established the composition of the committee. The committee is slated to be appointed at the second regularly scheduled meeting of the City Council or as soon thereafter as is reasonably practicable. February 27th is the second regularly scheduled meeting. Attached is a resolution the Council can use as they make their appointments and then ratify their decisions. This agenda item addresses the Strategic Plan Theme #2 COMMUNITY VIBRANCY Goal: Improve Curb/Aesthetic Appeal of Community Neighborhood Design Advisory Committee Members: Mayor Pike Non -voting Members: Council Member Justin Burr P & Z Commissioner Sandy Setliff CDC Member Alonzo Tutson Parks Board Member Kirby Barrett Voting Members: Council Place 1: Michael Wilson Aaron Solomon Council Place 2 Rodolf Penaflor Rick Gobert Council Place 3 To be announced. Council Place 4 Kevin Toten Lora Johnson Council Place 5 William Morgan Danny Ussery Council Place 6 Joe Crowder Joshua Vollmer 10. Discuss/Consider/Action on the next step for hiring a City Manager. (Bill Shipp) Council gave Interim City Manager Shipp direction to move forward with developing procedures and mechanisms for hiring a new city manager. He is to report back to Council on a regular basis. 11. CLOSED SESSION (EXCEPTIONS) Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. Consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071); b. Discuss or deliberate personnel matters (Tex. Gov't Code §551.074); City Manager c. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); acquisition of right-of-way, easements MOTION: Council Member Martinez moved to enter closed session. Council Member Miller seconded. Motion carried 6-0. Mayor Pike recessed the meeting into closed session at 9:33 p.m. Mayor Pike reconvened the meeting at 9:53 p.m. 12. Consider/Discuss/Action on any items listed on the posted agenda or any closed session occurring during this meeting, as necessary No action. 13. Adjourn. Mayor Pike adjourned the meeting at 9:54 p.m. Approved on the March 13, 2018. Mayor Nate Pike ATTEST: City Secretary Carrie L. Smith THE CITY OF AiAtia AGENDA ITEM: Item No. 5.b. City Council Agenda Staff Report Meeting Date: 3/13/2018 Approve a resolution approving the "Mangum" development plat. (Maurice Schwanke) SUMMARY: The development plat for your review is located within Anna's exterritorial jurisdiction and generally known as 13520 County Road 480. The tract is in the John Roland Survey, Abstract No. 784 and contains 7.68 acres of land. The owner is proposing to build a house and garage on the property. The submittal meets the City of Anna development plat requirements. The Planning and Zoning Commission approved the development plat at the March 5th, 2018 Meeting. STAFF RECOMMENDATION: Approval of a resolution approving the Mangum development plat ATTACHMENTS: Description Location Map Mangum Development Plat Resolution Upload Date Type 3/2/2018 Exhibit 3/2/2018 Exhibit 3/7/2018 Resolution 479 (480 SITE 2862 CQLLIN COUNTY ADVENTURE CATNIP ro • • ob ■ ■ 1, 91, p��i■I NORTH 47..85' 60'R.0 Reservation 0=52733" R=403.1' L=38.41' 60' R.O. W. Reservation 2 N- GREGORY & KATHLEEN PITTS Z 0' ACCESS ESMT. ELM GROW EF. DOC. NO.. O CEMf1ERY 11.03 ACRES 120051115001617170/ JACK FARLEY 7.8 ACRES REF. VOL. 353, P. 141 REF. VOL. 699, P. 202 /oOo' FLO BROWN _ 147 ACRES ------------- __ REF. DOC. NO. 92-0005025 IPS Roc( DRiW )PS, _ 8 47�E 551. 93' POST IPS _ _ S 8876 T E 496, 62' _ T ROp( DRl 117.3' vHOWT / r J r J ( ( ( ( J J t� POST t� rr APPROXIMATE LOCATION OFrJr��1 p 976 r r r FLOODBOUNDARYPANEL 48085CO180J r rr rrr rrr rrr LEFF OMR66-06� 60644P rrr rrr rrr rrr rrr rrr rrr rrr rrr rJr rJr �� EFF. 6-17-2016 � rr rr rr rr rr rr rr rr rr rr rr rr rr rr rr �� rrr rrr rr r > 76797A rrr �� rr �� 1 .6 �h rr rr .r CRES rrr rr r � rr rr rr rr rr rr rr rr6,9L•a FLO BROWN 147 ACRES rr r r r r r REF. DOC. NO.92-0005025 LOCATION AMP 58.00' 15 N PROPOSED HOUSE 8.00, SCALE 1'=20' 15.00' 1 0 r o o N h 17..50' 17.50' -� ��� rrr rrr rrr rrr rrr rrr rr rr ��� ��� �� rr rr rr rr rr rr rr rr SCALE 1'=100' -9a rr rr rr rr r ^ BRANCH �o )PS rrr rrr rrr rrr �� �� r r r fl �� rr rrr rr rr L� L: 21 zo v 36. PROPOSED GARAGE SCALE 1'=20' LEGEND APPROXIMATE FLOODBOUNDARY NOT VERIFIED 100' 0' 100' 200' 300' Graphic Scale In Feet CERTIFICATION.• 1, hereby certify that l made the survey on the ground on July 22, 1999 of the herein described tract shown hereon and set corner stakes as reflected on the plot and that only visible improvements on the ground are as shown on the survey, to my knowledge, there are no encroachments, overlapping of improvements or conflicts except as shown on the survey plat,' that the survey is guaranteed to its completeness. G. M. GEER, REGISTERED PROFESSIONAL LAND SURVEYOR TEX. REG NO 3258 LINE DATA TABLE 1. S 6 40 00" W 34.69' 2. S 3179 09" W 47..13' J. S 03430" W 43.27' 4. S 24 44 55" E 56.27' 5. S 48 08 52" W 33.92' 6. N 805420" W 117..01' 7. S 3726 02" W 49.92' 8. S 640744" W 72.8' 9. N 645158" W 79.6' 10. S 2654'12" W 52.72' 11. S 310707" E 47..76' 12. S 4450'49" E 57..35' 13. S 44 02'13" W 45.47' 14. S 8144 03" W 96.11' 15. S 1638 54" W 32.73' 16. S 3575'02" E 39.03' 17.. S 54 29 22" E 66.88' 18. S 210233" W 40.26' 19. S 53 4153" W 26.48' 20. N 667329" W 73.1' 21. S 80 00'32" W 29.43' 22. S 405554" W 52.03' 23. S 2474 30" E 61.28' 24. S 100634" W 8.51' DESCRIPTION 7.68 Acres of Land SITUATED in Collin County, Texas, in the John Roland Survey, Abstract No. 784, being a resurvey of the six (6) to eight (8) acres of land, more or less described in a deed from Anna Lou Brown and Richard D. Brown to Clyde A. Geer, Trustee dated March 4, 1998, recorded in Volume 4118, Page 2431 (Doc. No. 98-0022361) of the Collin County Land Records, being described by metes and bounds as follows: BEGINNING at a point in the center of Elm Grove Branch at the northeast corner of said six (6) to eight (8) acre tract, at an ell corner of the Flo Brown 147 acres, ref doc. no. 92-0005025 from which on iron pin set in the north line of said six (6) to eight (8) acre tract and in a south line of said 147 acre tract bears North 887650"West, 16.57 feet; Thence generally in southwesterly direction with the east line of said six (6) to eight (8) acre tract, o west line of said 147 acre tract and down the center of said Elm Grove Branch as follows: South 6401west, 34.69 feet; South 317909"West, 47.13 feet; South 03430"West, 43.27 feet; South 244455Eost, 56.27 feet; South 480852"West, 33.92 feet; North 805420"West, 117.01 feet; South 3726'02"West, 49.92 feet; South 640744"West, 72.8 feet; North 645158"West, 79.6 feet; South 2654'12"West, 52.72 feet; South 310707 East 47.76 feet; South 44 50'49East, 57.35 feet; South 44 02'13"West, 45.47 feet; South 8144 03"West, 96.11 feet; South 1638'54"West, 32.73 feet; South 3575'02'East, 39.03 feet,• South 542922 East, 66.88 feet- South 2102'33"West, 40.26 feet - Sou th 534153"West, 26.48 feet; North 667329"West, 73.1 feet; South 8000'32"West, 29.43 feet- South 405554"West, 52.03 feet; South 247430'East, 61.28 feet to a point at the junction of the center of said Elm Grove Branch with the center of Thompson Branch, at a south corner of said 147 acre tract and in the west line of the Doris J. Johnson 31 acres, ref. vol. 1970, pg. 579,• Thence continuing with said Branch, South 10'0634"West, 8.51 feet to a point in the north R.O.W. line of Farm Rood No. 2862, in the center of said Branch, at the southeast comer of said six (6) to eight (8) acre tract and at the southwest corner of said 31 acre tract; Thence north 4339'west, passing iron pins set at 100.0 feet and 291.71 feet and continuing in all 791.49 feet with the southwest line of said six (6) to eight (8) acre tract and with the north R.O.W. line of said Farm Road No. 2862 to an iron pin set in said line at the beginning of a curve to the left from which the radius center lies South 4621'west, 403.1 feet; Thence with said curve to the left an arc of 38.41 feet around a central angle of 52733" on o radius of 403.1 feet to on iron pin set at the southwest corner of said six (6) to eight (8) acre tract and at the junction of the north R.O.W. line of said Form Road No. 2862 with the east R.O.W. line of County Road No. 480 to an iron pin set at the southwest corner of said six (6) to eight (8) acre tract; Thence North, 47.85 feet with the west line of said six (6) to eight (8) acre tract and the east R.O.W. line of said County Road No. 480 to an iron pin set at the northwest corner of said six (6) to eight (8) acre tract, in the east R.O.W. line of said County Road No. 480 and in the south line of Elm Grove Cemetery, Thence easterly with the north line of said six (6) to eight (8) acre tract, the south line of said Elm Grove Cemetery, the south line of the Jack Farley 7.8 acres, Ref. Vol. 699, Pg. 202, and o south line of said 147 acre tract as follows; South 8847eost, 551.93 feet, an iron pin set; South 887650 East 496.62 feet to the PLACE OF BEGINNING and containing 7.68 acres of land. V. CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE "MANGUM" DEVELOPMENT PLAT. WHEREAS, in order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the "City Council") has adopted Part III -A of the Anna City Code of Ordinances ("Subdivision Regulations"); and WHEREAS, Daniel Mangum has submitted an application for approval of the Mangum development plat; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval of Development Plat. The City Council hereby approves the Mangum development plat attached hereto as Exhibit 1. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 13tn day of March 2018. ATTEST: APPROVED: City Secretary, Carrie L. Smith Mayor, Nate Pike THE CITY OF AiAtia AGENDA ITEM: Item No. 5.c. City Council Agenda Staff Report Meeting Date: 3/13/2018 Approve a resolution approving the "Park Place at Anna PH 1" Final Plat.(Maurice Schwanke) SUMMARY: The Park Place at Anna PH 1 final plat contains 24.80 acres located in the R. A. Johnson Survey, Abstract No. 479. The final plat contains 73 residential lots. The final plat layout is in conformance with the existing zoning and with the approved preliminary plat. A letter is on file stating that no adverse impacts on drainage downstream. Part of the development of this tract is the construction of part of Taylor Blvd. In the previous agenda item a proposal was made to place the construction funds for Taylor Blvd. for this project in escrow. The proposed amount was $336,500. This is in lieu of paying impact fees which would be a total of $156,000 for the total development. As such the funds can be used to upgrade Taylor Blvd. from U.S 75 to Ferguson Blvd. The road may not be built to its ultimate design, however the overall area could benefit. The voluntary amount is generally equivalent to the maximum impact fee that could be assessed for their property ($2,106 per dwelling unit). The briefing of this proposal was brought to the City Council May of last year. STAFF RECOMMENDATION: Approval of a resolution approving the Park Place at Anna Phase 1 final plat. ATTACHMENTS: Description Upload Date Type Location Map 3/2/2018 Exhibit Resolution Approving the Final Plat of Park Place PH. 1 3/8/2018 Resolution Park Place at Anna Phase 1 Final Plat 3/2/2018 Exhibit Drainage Letter 3/2/2018 Exhibit CHESTNUT STREET O r a W x U ■ELM STREET MANDARIN WAY o . ■ . >r � w O ' BRYDGEPpRT DR. p a 3 W w � W MULBERRY DRIVE HITE PINE TRAIL ■ ROCKRIDGE TR. O CANO BIRCH WOOD ROAD DR. o SABLE WOOD DRIVE DR. J W T cz y 2 � ilk t � Cp�7 v } S SABLE WOOD DRIVE ZF 0 O BlY q aO ■ � � O C 2 � W lafi U N m c CEDAR WOOD TRAIL s m BEAR CREEK DR. r SEPHORA CT. SWEET GUM OR. WALNUT WAY . ■ . . � _ TRYLOR BLVD C.R. 1070 4 ■ W WASTE WATER G TREATMENT ROAD RUNNER FACILITY W � x 0 w o W z G w ■ ■ � ' CITY LIhAlTS LINE . ■ ■ ■ 'fir■ a ■p ■ PECAN GROVE DRIVE L L m a m CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A FINAL PLAT OF PARK PLACE AT ANNA PH 1. WHEREAS, In order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the "City Council") has adopted Part III -A of the Anna City Code of Ordinances ("Subdivision Regulations"); and WHEREAS, Anna 55 LLC, has submitted an application for approval of a final plat of the Park Place At Anna PH 1; WHEREAS, The Final Plat of Park Place at Anna PH 1 generally conforms to the Final Plat of Park Place At Anna PH 1; WHEREAS, The Final Plat of Park Place At Anna PH 1 conforms to the existing zoning; 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. Park Place At Anna PH 1 Final Plat The City Council hereby approves the final plat of Park Place At Anna PH 1 attached hereto as Exhibit 1. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 13t", day of March 2018. ATTEST: APPROVED: City Secretary, Carrie L. Smith Mayor, Nate Pike 111 VICINITY MAP IW GRAPHIC SCALE IN FEET f =100' LEGEND B.L BUIU)ING UPS D£ OMANAGE EASEMQR U.E UPUTY EASEMENT V.A.M. NS18IUW.. ACCESS AND MNNIENSE INCE EASEMENT V IRON RED FWND EGRET. EAUSTI SWM.E EWFIN SIDMNNIENANCE EASEEN MT WM.E WALL M UNTENANCE EA3NENT TEE. TYPICAL CR.GQT. (SEERS RECCW05, CMLN CWNTY. TEXAS S TREET TO'U.E.TYP. OT y 011) WE 10' UE TYPICAL DETAIL rT IT—I� T I . t Oot Xp lox T — A ]9 A°=e 5 1 E 1 I 2 y I C CaElnA, 5. PoeI I059E 8 I 9 1 UP, 11 1 IFEEcP.cc?. I I © i ]0 Qp 1J_J L_i'J—L_I—L - nrmeBlv4 _I_ Pail Df IELDrIU^8 .°i a. aSss -rc- 1 NBB'44'33'E B25.J9' ' _ — — ennar ¢ss vueanu vvs ssv zer.e IX g IN II — m�mn—° PRnrm DIS III dE Vie±; �P m DAR M1t N 9 m° Nt"w� v°yait HyPM° wH cCWtlA°91 µo�tld. d.�pCEt. m\ HpneDS"P Mv"'A y]1Gt15e .5c\d yt2M�5F5 IFS,f+°Gwo. - ms\I2Pt,E510 . 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PERSOUR DERESE N NE'NAC WW?I,Wi9 UP,, MEN Ti E ABE DUE OF EAST WELL TO TH S5 WAR E MIT OF EEMINUUN N1D COBALT UN CAST ACRES Nt(RECI WILAIE111OFIIID.MORE.1— NO 70 Ca M�33 1�.�W M4.W A Final Plat of Park Place at Anna Phase 1 73 N};SIDEN'I`IAL L(YI'S TOTALING 24.80ACRE5 SITUATED IN THE R. A JOHNSON SURVEY, ABSTRACT, NUMBER 499 AND THE EMA SHELITY SURVEY, ABSTRACT NUMBER 839 CPCY OF ANNk COLLIN MON'I'Y, TRC;1S SPEREENTER EFURTER sURVEroN .1-1.RWINu011WN6aLPIXIS. N:L BEFERSE VFw 6IXVPO16,IIK NM'IAYSIEYA =..1DWL t 15� vmHMMTIn WELFARE aaenFAe EwnE.e AA� TAPWREAS 1-1 AS OF D— ONu PET, ND. UASSAT up1.y"P NE N va°Ie° —N voHml. Ine. . PELOTON ILAND SOLUTIONS December 29, 2017 Mr. Joseph Johnson Director of Public Works City of Anna 3223 North Powell Parkway Anna, Texas 75409-0776 RE: Park Place at Anna, Phase 1— No Adverse Impact Dear Mr. Johnson: In accordance with the Anna City Code of Ordinances, Peloton Land Solutions has prepared a hydrologic and hydraulic analysis of the unnamed tributary to Slayter Creels that traverses the Park Place at Anna property, a proposed single-family residential subdivision. Hydrology for this analysis was performed using unit hydrograph methodology, and analyzes the subject watershed to the point where it leaves the property, just upstream of its confluence with the mainstem of Slayter Creek. The study reflects the current development conditions upstream of and adjacent to the project site. The Phase 1 site is analyzed as both the current, undeveloped site conditions and the proposed Phase 1 developed conditions, and the resulting discharges are compared. The results of the hydrologic analysis indicate no increase in discharge leaving the site for the 25- and 100-year design storm events, and only a 0.4 cfs (0.15%) increase in the 2-year event. Consequently, as designed this development will not damage downstream property due to the development's impact on off -site drainage. As future phases of the project are designed, this analysis will be updated to reflect the additional developments and ensure that runoff leaving the site will continue to be at or below existing conditions. Please do not hesitate to contact us if you have any further questions. Regards, A�Z*"#w Timothy Whitefield, P.E., CFM ...................................................................................................................... .........- - TBPE FIRM NO. 12207 9600 HILLWOOD PKWY I SUITE 250 I FORT WORTH, TEXAS 76177 1 817.562.3350 TBPLS FIRM NO. 10177700 PELOTONLAND.COM THE CITY OF AiAtia AGENDA ITEM: Item No. 5.d. City Council Agenda Staff Report Meeting Date: 3/13/2018 Approve a resolution approving "Anna Country RV Ranch" development plat.(Maurice Schwanke) SUMMARY: The development plat for your review is located within Anna's exterritorial jurisdiction and generally known as 12345 County Road 577. The tract is in the William W. Roberts Survey, Abstract No. 785 and contains 16.089 acres of land. The owner is proposing constructing a Recreational Vehicle Park located outside Anna City limits but within the ETJ. The City of Anna does not have land use jurisdiction in the extraterritorial jurisdiction. The submittal meets the City of Anna development plat requirements. The Planning and Zoning Commission recommended approval at their March 5th, 2018 meeting. STAFF RECOMMENDATION: Approval of a resolution approving the Anna Country RV Ranch development plat. ATTACHMENTS: Description Upload Date Type Location Map 3/2/2018 Exhibit Resolution 3/7/2018 Resolution Anna Country RV Development Plat 3/2/2018 Exhibit CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE "ANNA COUNTRY RV RANCH" DEVELOPMENT PLAT" WHEREAS, in order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the "City Council") has adopted Part III -A of the Anna City Code of Ordinances ("Subdivision Regulations"); and WHEREAS, Richard Hall has submitted an application for approval of the Anna Country RV Ranch development plat; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval of Development Plat. The City Council hereby approves the Anna Country RV Ranch development plat attached hereto as Exhibit 1. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 13tn day of March 2018. ATTEST: APPROVED: City Secretary, Carrie L. Smith Mayor, Nate Pike MAG NAIL 30.01 ' FND. — — -Z— — — — - O 59.5' � rn � fv PROPOSED BUILDING MAG NAIL FND. z 0 10 1 18.88' 40.00 W---- — O o w 0 .p N m 0 00 S 89°29'18" W 116.45' 40' ACCESS ROAD N 89°29'18" E 115.57' S 89'29' 18" W 1 11.16' 40' ACCESS ROAD N 89'29'18" E 110.28' z 0 53.6' co •r w CALLED 71.30 ACRES RICHARD ALAN HALL & KATHY A. HALL C.C. NO. 98.0023874 CORRECTION AGREEMENT VOL. 4527, PG. 1656 N 89029'18" E 1403.04' _JC11RF -- -- -- - N--- — — — — — — — — — — — — — — — — — — GREENBELT — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — —� E 760.00' ` 40' 40' I I C/, Z 00 0 O O 0 55 56 57 58 59 60 61 62 63 67 65 66 67 68 69 70 71 72 73 0 0 0 o PLAYGROUND N I I N ` I m ZE 40' N 89'29'18" E 1 40' S 89'29'18" W 760.00' 80.00' 40' ACCESS ROAD C 74 O N 89°29'18" E 720.00' I I 40' 10' I CO 30'R II z 75 �1 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 Cn tM o n' O Z C I I s` 0 40' Ni a 0 O 76 0 O I I �. 1 I Io 40' m o o S 89°29'18" W 720.00' N I I 30' GREENBELT � 77 m II N 89'29' 18" E 720.00' p N N I l p 40' 40' 0 o 0 I I z o 0 o n mcz 7800 I I 0 O 0 19 20 21 22 30 31 32 33 34 35 36 N � I I I I o N m o II' 30'R o 79 I ZE 40' 10' to I qo S 89°29'18" W 720.00' I 1 80 0 Ito ® ' II 40' ACCESS ROAD O " N 89"29'18" E 720.00' S 89'29'18" W Y 40' 40' 80.00' AI 40' Cf, I z o III 0 0 O 0 0 0 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 0 0 II Nj 0 ti N o POOL �' � I I m 40' m o PROPOSED 40' 1 1 I o BUILDING S 89°29'18" W 720 00' 0 50.36' o cN 0 10' SETBACK LINE 30' GREENBELT 22.7' o — — — — — — — — — — — — — — — 1 107.,86' 112"IRF C.M. LEGAL DESCRIPTION BEING a tract of land situated in the William W. Roberts Survey, Abstract No. 785, Collin county, Texas and being part of a 71.20 acre tract described in a Deed of Trust as recorded in County Clerks No. 98-0023874 of the Land Records of Collin County, Texas and corrected in Volume 4527, Page 1656, L.R.C.C.T. and being more particularly described by metes and bounds as follows: COMMENCING at the southwest corner of said 71.20 acre tract in County Road No. 1067, THENCE N 01 °4628" W following CR. No. 1067 a distance of 278.49' to a mag nail found for corner for the POINT OF BEGINNING; THENCE N 01 °4628" W following CR. No. 1067 a distance of 500.00' to a mag nail found for corner, THENCE N 89°29'18" E a distance of 1403.04' to a capped 112" iron rod stamped "4613" found for corner, THENCE S 01'32'52" E a distance of 499.96' to a capped 112" iron rod stamped "4613" found for corner, THENCE S 89°29'18" W a distance of 1401.06' to the POINT OF BEGINNING and containing 700,856 Square Feet or 16.089 Acres of land. S 89029018" W CALLED 71.30 ACRES RICHARD ALAN HALL & KATHY A. HALL C.C. NO. 98.0023874 CORRECTION AGREEMENT VOL. 4527, PG. 1656 S 89°45'53" W NOTES: 1. The original copy will have original signatures, stamp seal and an impression seal. 2. Copyright 2017, Surdukan Surveying, Inc. 3. This survey is being provided solely for the use of the current parties. 4. This survey is subject to all easements of record. 5. The basis of bearings, horizontal and vertical position are derived from Texas WDS RTK Network, Texas State Plane Coordinates System, Nod83, North Central Zone, Nod 83 (CORS96) Epoch 2002.0, Vertical position are referenced to NAVD88 using (GEIOD03). -------- _---�- 1401.06' 4. -------------- y`gv SURVEYOR'S CERTIFICATE The survey shown hereon is a true representation of the property as determined by a survey made on the ground and under OF my personal supervision. All visible improvements are as shown.:F-�- There are no visible encroachments, conflicts, or protrusions, except as shown. This survey conforms to the Texas Board of ,,,,,,,,,,;,,,,, Professional Land Surveyors' Minimum Standards of Practice, as DAVI J. SURDUKAN .::.................................. adopted by the Board effective September 1, 2016. The property -pp 4613 is subject to all easements of record. < SU David J. Surdukan R.P.L.S. No. 461J (A N V, N m N ao Na N IVIRF C.M. 91 UR 4,E NORTH SCALE 1"= 60' 0 50 100 150 LEGEND C.M. = CONTROLLING MONUMENT CIRF = CAPPED 1/2- IRON ROD FOUND STAMPED (4613) IRF = IRON ROD FOUND CHIN J. CHANG AND WANDA CHANG FAMILY LIMITED PARTNERSHIP C.C. NO. 20170109000030110 CR 528 CR 527 12� �0 5� CR 424 CR 513 CR 513 71 n Z O N 00 Cn �' SITE N N CR 512 CR 512 LOCATION MAP DEVELOPMENT PLAT ANNA COUNTRY RV RANCH 16.089 ACRES WILLIAM W. ROBERTS SURVEY ABSTRACT NO. 785 COLLIN COUNTY, TEXAS OWNER SURVEYOR ANNA COUNTRY RV RANCH, LLC SURDUKAN SURVEYING, INC. 12345 CR. No. 577 P.O. BOX 126 ANNA, TEXAS 75409 ANNA, TEXAS 75409 (972) 924-8200 FIRM NO. 10069500 SCALE 1 " = 60' DATE. FEBRUARY 19, 2018 JOB No. 2017-47 THE CITY OF AiAtia AGENDA ITEM: Item No. 5.e. City Council Agenda Staff Report Meeting Date: 3/13/2018 Approve an Ordinance altering the prima facie speed limits on FM 455 between SH 5 and US 75. (Joseph Johnson) SUMMARY: The reconstruction of FM 455 between US 75 and SH 5 is largely complete. The Texas Department of Transportation (TxDOT) recently completed a speed study for the purposes of recommending a speed limit that corresponds with normal and prudent driver behavior under the FM 455 reconstructed condition. Following the study, TxDOT has recommended that the speed be reduced to 45 miles per hour on FM 455 generally between US 75 and SH 5. In order to proceed, TxDOT requires a signed City Ordinance matching the recommendations of the speed study. STAFF RECOMMENDATION: Staff recommends approval of the Ordinance altering the prima facie speed limits on FM 455 between SH 5 and US 75. ATTACHMENTS: Description Upload Date Type Ordinance 3/6/2018 Ordinance Exhibit A - Speed Study 3/6/2018 Exhibit CITY OF ANNA, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF ANNA, TEXAS, ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED FOR VEHICLES UNDER THE PROVISIONS OF TRANSPORTATION CODE, SECTION 545.356 UPON FARM TO MARKET HIGHWAY NO. 455 OR PARTS THEREOF, WITHIN THE INCORPORATE LIMTS OF THE CITY OF ANNA, AS SET OUT IN THIS ORDINANCE; PROVIDING FOR A PENALTY FOR ANY VIOLATION OF THIS ORDINANCE NOT TO EXCEED $200; PROVIDING FOR SAVINGS, SEVERABILITY, AND REPEALING CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, Section 545.356 of the Texas Transportation Code, provides that whenever the governing body of the City shall determine upon the basis of an engineering and traffic investigation that any prima facie speed therein set forth is greater or less than is reasonable or safe under the conditions found to exist at any intersection or other place or upon any part of a street or highway within the City, taking into consideration the width and condition of the pavement and other circumstances on such portion of said street or highway, as well as the usual traffic thereon, said governing body may determine and declare a reasonable and safe prima facie speed limit thereat or thereon by the passage of an ordinance, which shall be effective when appropriate signs giving notice thereof are erected at such intersection or other place or part of the street or highway; and WHEREAS, the City of Anna, Texas City Council has investigated and determined that it would be advantageous and beneficial to the City and its citizens to alter the prima facie speed limits on FM 455 as recommended by the Texas Department of Transportation; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The above -referenced recitals are incorporated herein as if set forth in full for all purposes. Section 2. Authorization. Upon the basis of an engineering and traffic investigation heretofore made as authorized by the provisions of Transportation Code, Section 545.356, the following prima facie speed limits hereafter indicated for vehicles on the attached Exhibit "A" (strip map) are hereby determined and declared to be reasonable and safe; and such speed limits are hereby fixed at the rate of speed indicated for vehicles traveling upon CITY OF ANNA, TEXAS ORDINANCE NO. PAGE 1 OF 2 the named streets and highways, or parts thereof, described as follows: 1. From and after the date of the passage of this speed zone ordinance, no motor vehicle shall be operated along and upon Farm to Market Highway No. 455 within the corporate limits of the City of Anna in excess of speeds now set forth in Exhibit "A". 2. The City Manager is hereby authorized to cause to be erected, appropriate signs indicating such speed zones. Section 3. 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 $200 for each incidence of violation. Each violation is considered a separate offense and will be punished separately. Section 4. Savings, Severability and Repealing Clauses. All ordinances of the City in conflict with the provisions of this ordinance are repealed to the extent of that conflict. If any provision of this ordinance shall be held to be invalid or unconstitutional, the remainder of such ordinance shall continue in full force and effect the same as if such invalid or unconstitutional provision had never been a part hereof. The City declares that it would have passed this ordinance, and each section, subsection, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional or invalid. Section 5. 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 by the City Council of the City of Anna, Texas, this 13th day of March, 2018. ATTESTED: APPROVED: City Secretary Carrie L. Smith Mayor Nate Pike CITY OF ANNA, TEXAS ORDINANCE NO. PAGE 2 OF 2 FM 455 BALL ZONE LENGTHS (MlzE5; ZONE SPEEDS EXISTING SPEED LIMIT - w- TOWARD CELINA TOWARD SH 121 EXIST c..nc 55 MPH S T . 1 L. 55 .v ANNA W n N N O Om O v T6 � ANNA —r 66 .1w.. —61 1, rc 1 LANE GRADES 0-ER 3% CeR7ES v:CR z' B..Ct• 13—R OR .+DVISORY SPEf Rc3. SIGRT DISTANCE DEVELOPMENT OPEN D 15 I R L C I : DACEA, COUR I Y: COLL I N MINUTE No. D..TE RLURTTKT: FIA A55 C1lT: ANNA REPLACE5 : DATE REPeACED u DATE / / ou PERCENTILE SPEED DATE OF STUDY 01-09-18 SCALE �_" Qr] MILESC..RcaCCl!o $T DATE / / , TOR SPEED MEASURED I'IMITa OF t-W NUMBER OF CARS CHECKED aE%IiuA unt I CEAGIR 0.748 MLEE5 SECTION TWO r:E1vGin — mi[E-.:, i-p FATAL ACCIDENT STA. OR M.P. cuM7. nRD SECT. rROJECT STA. OR M.P. CONT. AND SECT. PROJECT G PERSONAL INJURY ACCIDENT BEGINS - I 1 ) BEGINS - 1 V PROPERTY DAMAGE ACCIDENT MP .867 MP 9T... oR M.P. CONT. AND SECT. PROJECT STA. OR M.P. CONT. AND SECT. PROACT INDICATES SECTION ZONED C"03 - 1 1 ENDS - I I ; BY COMMISSION MINUTE MP SIGNALIZED INTERSECTION �} TRIAL RUN L Li O 1'*7 f— LLI Cm Z r-. J S 1— Q Z SPEED ZOME CONT. 0816 SEC. 04 LIMITS:E.FORK TRINITY RIvER TO SR S i exas ueparrment ar r ransporrmion :wren 5100T COLLIN COUNTY FM 455 CLUG" TEAM W. u qo Mon•T w STATE F17 4b!D ADVI ZONE SPEEDS (M.P.H.) EXISTING SPEED LIMIT f~ TowARa LL CELINA O r� r W C.L.BEARINGS m ..... -- -• - - TOWARD w z SH 121 U r a z SPEED LIMIT u=. ccorfflcn U1]IRILIC DAEEAJ RLGRUATi FM 977 DATE OF STUDY 01-09-18 3K:I lviV 'vAE STA. OR M.P. BEGINS MP 12.867 STA. OR M.P. ENDS 0 • 00 ST. 1 E 4"' . ANNA u� c N a 9 o 0 -----+--------------F-----------�-----�-----+----�-----� ro (71 n Cc O U CUOA 1 Y: COLE IN MINUTE NO. C1 I T: AlgNA REPLACES : SCALE J_" 9.1 MILES REPLACED BY CANCELLED BY LIMITS OF ZONE Ai, I q o. 74e Al1LEt� aEC 1 10A I wD LENGTH IND SECT.1 PRv.en BEGINS STA. OR M.P. ICONT. AND SE I } • - MP Ina SEC.. PROJECT ENDS STA. OR M.P. ICONT. AND SE - _ I f _ 1 I - 012VOY1 TE PERCENTILE SPEED , 2 T85 O TOP SPEED MEASeREp NUMBER OF CARS GREcRED MILES im FATAL ACCIDENT PROJECT Zip PERSONAL INJURY ACCIDENT ( } 0 PROPERTY DAMAGE ACCIDENT PROJECT ` INDICATES SECTIOn ZoReC f 1 B. COMMISSION MINUTE SIGNALIZED INTERSECTION TRIAe Re.. m mui G9 Z 0 OJ u_ U r a z SFEED LODE CONT. ME SEC. Uzi CimiiS:E.FORK TRINITY RIVER TO SH 5 Texas Depurrwem or Transw Bohm SPEED STUDY COC C L iq CUUM I T FM 455 F900M .19 FMMCT 11oC OUT 4% sr.Tc n.:__.�_ covrrT FM 455 _- TOWARD CEO 11Cw — , — . e.L_ BE -RINGS v�..Rta ISM ILI R. U. R. AMU ROOD. n i Li 1 R SORF..�E W:DTR AMD TTPE vR-ye3 oTER 3% ceRTES OVER 2+ BALL BANK OR ADVISORY RES. SIGHT DISTANCE DEVELOPMENT Dlt)IRICI: DALLAS R11;MWAT: FM 495 DATE OF STUDY 11-02-17 SEC I IuIQ OIQE STA. DR @. P. BEG[,.-. ; MP STA. OR M.P.- -ENDS 0 + 00 ST. i .1 T I A19NA a pn M 17 Q In M N N 0 0 W 2 z LaO 0 � � c M s a J O ul = u ix z Vol. COUNTY: CUUEE,M oPER,Rc3,. ;Mt37E NO. : DATE - CI i Y: ANNA VrANCFI EPLACES DATE ," y,� MILES DATEaLALE LED BY DATE C I1P11 1 OF LUlqE LENG I R MILES SECTI'viv i rr'U CErvG i R Mi [ES . AND SECT.PROJECT BEGINS STA. OR M.P. ICONT. AND SECT.1 _ PRv ECT - 1 ) MP . AND SECT.1 PROJECT ENDS STA. OR M.P. CONT. —e SEC7.1 ROJECT — - _ I I _ 1 I - I r i .®85 TO PERCENTILE SPEED TOP SPEED MEASURED NUMBER OF CARS CHECKED • FAT. a Acciwemo li PER3t;—L IRJURT ACCIDENT 0 PROPERTT DAMAGE ACCIDENT INDICATES SECTION ZONED BY COMMISSION MINUTE AL SIGNAel ZEv -INTERSECTION / TRIAL RUN SPEED LUNE CONT. 0816 SEC. 04 LIMITS:E.FORK TRINITY RIvER TO SFI S SKEET 7 of 7 ! e Q, Lft M l„—,t 0br T, 0„opwtall— SPEED STUDY COLLIN COUNTY FRI ��5 OL59M TEAM r nR+we - na�ee- tea; „Q THE CITY OF AiAtia AGENDA ITEM: Item No. 5.f. City Council Agenda Staff Report Meeting Date: 3/13/2018 Approve a Resolution approving a Facilities Use Agreement with the Anna Sports Group for 2018 and Authorizing the City Manager to Execute Same.(Maurice Schwanke) SUMMARY: Attached is a Resolution authorizing the renewal of the Facilities Use Agreement with the Anna Youth Sports Association for 2018. The Anna Sports Group is set up to provide fundamental sports for children ages 5 to 18 years STAFF RECOMMENDATION: Approval of a Resolution approving the Facilities Use Agreement with the Anna Sports Group for 2018. ATTACHMENTS: Description Upload Date Type Resolution Approving a Facilitie Use Agreement with 3/7/2018 Resolution ASG Anna Sports Group Agreement 3/7/2018 Exhibit CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A FACILITIES USE AGREEMENT WITH THE ANNA SPORTS GROUP FOR 2018, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME. WHEREAS, the Anna Sports Group (ASG) is set up to provide fundamental sports for children ages 5 to 18 years; and, WHEREAS, ASG's goal is to provide a basic knowledge of sports to the players and to instill teamwork and good sportsmanship into every player; and, WHEREAS, ASG desires to use facilities owned by the City of Anna ("City") to operate their programs; and, WHEREAS, the City desires to enter into a Facilities Use Agreement (the "Agreement") that formally authorizes the ASG to use City facilities to operate their programs. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. The City Council of the City of Anna, Texas hereby approves the Agreement attached hereto as Exhibit 1, and authorizes the City Manager to execute same. PASSED by the City Council of the City of Anna, Texas, on this 13t" day of March, 2018. ATTEST: APPROVED: City Secretary, Carrie L. Smith Mayor, Nate Pike FACILITIES USE AGREEMENT This Facilities Use Agreement (this "Agreement") is made by and between the City of Anna, Texas (the "City") and the Anna Sports Group ("ASG"), a Texas nonprofit association. The City and ASG are collectively referenced in this Agreement as "the Parties." FOR AND IN CONSIDERATION of the mutual promises and undertakings herein set out, the Parties agree as follows: The City agrees to permit the use of its facilities commonly known as the Johnson Park baseball/softball fields, and the Slayter Creek Park baseball/softball fields (collectively, the "Spring Ball Facilities") for ASG's 2018 Spring Baseball and Softball Regular Season. The Spring Baseball and Softball Regular Season shall run from March 1 through July 31 and shall consist of the regular season games with a maximum of two post -season tournaments. ASG shall not schedule games to be played on the fields at Slayter Creek Park without prior approval from the City. Any request by ASG for field usage after July 31 for the Spring Baseball and Softball Regular Season will be negotiated between the City and ASG. "Regular Season" is defined as actual regular season games and post -season tournaments, not including practices, try -outs, scrimmages, or preseason games. The City agrees that with the exception of the fields at Slayter Creek Park, ASG shall have priority use of the Spring Ball Facilities for team practices during the regular season from 5:00 p.m. to 9:30 p.m. Monday through Friday, and from 9:00 a.m. to 9:30 p.m. on Saturday and Sunday. ASG shall provide the City with the regular season practice schedule for each field. The City agrees to allow ASG to use and manage the concession buildings at Johnson Park and Slayter Creek Park (collectively, the "Concession Buildings") in connection with athletic events that occur during the term of this Agreement, except that the Anna Athletic Booster Club shall be given the first option to use the Concession Buildings in connection with UIL baseball and softball games sponsored by Anna ISD. All concession operations shall be in compliance with applicable state and local health codes, and ASG shall obtain any required health permits prior to its use of the Concession Buildings. ASG agrees to pay the City a flat fee of $1,000 for the entire calendar year or $350 per quarter. Such payment(s) shall be due on March 30th or (if made on a quarterly basis) the first payment is due on March 30th with additional quarterly payments due the first day of May, July, and October. In the event ASG does not provide concessions for athletic events that occur during the term of this Agreement, the City may authorize other organizations to use and manage the Concession Buildings to provide concessions at those events. ASG acknowledges that its use of the Spring Ball Facilities and Concession Buildings (collectively, the "Park Facilities") under this Agreement is non-exclusive and that the City has final authority over the scheduling of all Association use (including games and team practices) of the Park Facilities under this Agreement. ASG shall provide the City with the schedule of games for each regular season at least two weeks prior to the start of each regular season. Except as noted below, ASG may reschedule regular season games provided that, the authorized Association representative notifies the City of the schedule change in advance, and the change does not interfere with another previously scheduled use of the Park Facilities. ASG shall not schedule or reschedule games to be played on the athletic fields at Slayter Creek Park without prior approval from the City. IV. Not withstanding anything in this Agreement, ASG's use of the Park Facilities shall be subject to and yield to any and all repairs, maintenance, and construction activities, deemed necessary by the City to preserve, repair, maintain, or expand the Park Facilities or any public facilities owned or operated by the City. The City shall not be liable for any damages that may be caused or occasioned by any such repair, maintenance, or construction activity. V. The term of this Agreement shall be for one year from January 1, 2018 through December 31, 2018. VI. Upon termination of this Agreement, ASG and the City may negotiate a new agreement. ASG shall have 30 days to remove movable equipment that it owns that is not of a permanent nature, upon termination of this Agreement. Nothing herein shall prohibit the City from entering into facilities use agreements with other organizations provided that other such agreements do not conflict with this Agreement. The City reserves the right to utilize the Park Facilities at all times other than when the City's use would unreasonably interfere with Association regular -season games that have been properly scheduled in accordance with this Agreement. VII. ASG shall not assign this Agreement nor shall it sublease or rent out any property of the City. This provision includes sports camps and tournaments. Due to the necessity of inter -league play in order to compete some leagues, ASG shall insure that an Association team is scheduled for each game played on any part of the Park Facilities. z a" ASG shall not engage in any business on any part of the Park Facilities or do anything in connection therewith which shall be in violation of any existing state or federal law or municipal ordinances, or use the same in such manner as to constitute a nuisance. The collection of admission or "gate" fees by ASG is permissible, for no more than two tournaments or special events per calendar year, as long as ASG makes the request to the City for approval at least two weeks prior to the start of the tournament or special event. Association agrees that the location of such admission access points shall not prevent or impede other park users from accessing other common or general areas of the park, including but not limited restrooms. The collection of tournament entry/registration fees by ASG is permissible. IX. ASG SHALL INDEMNIFY AND HOLD HARMLESS THE CITY, ITS AGENTS, OFFICIALS AND EMPLOYEES FROM ANY AND ALL CLAIMS FOR BODILY INJURY, ILLNESS, DEATH, PERSONAL INJURY AND PROPERTY DAMAGE AND ALL OTHER CLAIMS IN ANY WAY RELATED TO, ARISING OUT OF, OR MADE IN CONNECTION WITH ANY ACTIVITIES OF ASG OR ANY OF ITS MEMBERS OR PARTICIPANTS. ASG shall maintain a general liability insurance policy in the amount of at least one million dollars ($1,000,000) and shall name the City as an additional insured on its said policy. The coverage shall contain no special limitations on the scope or protection afforded to ASG, its officials, officers and employees. At least two weeks in advance of the first regular season identified in this Agreement, ASG must provide the City with a certificate of such insurance issued by the insurer. The certificate shall state that the City is an additional insured and that the insurer must provide at least 30 days notice to the City prior to the cancellation of the policy. EA ASG shall submit to the City the names, addresses and phone numbers of all Association officers and board members within two weeks after election or appointment. ASG shall furnish to the City rosters of all teams, players, coaches and other participants including names, addresses and telephone numbers for all such persons and a listing of the full schedule for the season. The rosters shall be submitted within four weeks after completion of registration and the full schedule shall be submitted at least two weeks prior to the first regular season game. ASG shall also submit a copy of all contracts, if any, entered into by ASG for any of its operations related to the Park Facilities including but not limited to concessions, umpires/referees, equipment rentals, and field maintenance. XI. Within 60 days of the end of the calendar year, ASG shall submit to the City Manager ASG's annual financial report for the prior year which shall include the revenue collected and expenditures that occurred during the reporting period, and the reporting period ending balance of any bank accounts operated by ASG. 3 ► 4111 ASG shall conduct criminal background checks on all of its volunteers and participants, including but not limited to coaches, board members, and any other person acting in an official capacity with any organization directly overseeing ASG's youth activities. ASG shall employ the National Alliance for Youth Sports to conduct such checks or a reputable company licensed by the State of Texas to conduct such checks. These checks shall be conducted prior to the beginning of each regular season and shall remain valid for the calendar year. ASG shall also adopt and publish a criminal background check policy to be used for determining an individual's eligibility to coach or otherwise participate in its youth activities. Should an individual be disqualified as a result of the check, ASG will prohibit that individual from serving in any capacity with ASG's activities. ASG shall establish a policy as to how its criminal background checks will be processed and will pay for the cost of each check. ASG shall furnish to the City a listing of the persons that have successfully undergone a criminal background check prior to the beginning of any individual's involvement with any youth - related activities. An Association Board Member shall sign this listing for final verification of the actions taken by ASG. XIII. ASG shall furnish in writing to the City the names, addresses, and telephone numbers of persons designated as ASG's "Field Managers." In the case of inclement weather, it shall be the responsibility of a Field Manager to contact and discuss field playability with a "City Representative" before a scheduled game, said Representative(s) to be designated in writing by the City Manager. When this Agreement provides for a City Representative to make a decision, consult with a Field Manager, or otherwise act in connection with ASG's use of the Park Facilities, the Field Manager must solely rely on the decision or action of a City Representative, subject to any contrary decision or action by the City Manager or a licensed peace officer acting in a law - enforcement capacity. XIV. ASG agrees to stop play and all other operations on any part of the Park Facilities by 11:00 p.m., unless it receives written permission to go beyond 11:00 p.m. from the City's Representative. ASG shall have the responsibility to turn off all field lighting. KATA ASG agrees to pay the City a fee of $0 per resident player and $10 per non-resident player per regular season for those leagues/teams scheduled to play on any part of the Park Facilities. This fee is due to the City within two weeks after the start of each regular season. ASG shall pay a 10% late fee in addition to any fees paid after the due date. XVI. The Parties shall have the obligations and shall abide by the standards set forth in the below referenced exhibits as qualified herein. The City's obligations as to maintenance of the Park 4 Facilities shall be limited to providing the Park Facilities in a reasonably useable condition, subject to weather and other factors beyond the City's control. Notwithstanding any part of this Agreement, the Parties understand and agree that by entering into this Agreement, the City is not waiving any immunities or limitations of liability available to it under the law and that its obligations as set forth in this Agreement are not intended to create and do not create any duty or standard of care that a municipality would not otherwise be required to meet to avoid liability under Texas law. The nature of this Agreement is to allow ASG limited use of certain City -owned facilities provided that ASG observes the various obligations, restrictions, and limitations set forth herein. Said obligations, restrictions, and limitations are not in the nature of services provided to the City. All services that ASG provides and that relate to its use of facilities under this Agreement are services that ASG provides exclusively to its members and participants, and while this Agreement governs to some extent the manner in which said services are to be provided, the Parties understand and agree that ASG is not providing and shall not provide any goods or services to the City under this Agreement. It is further understood and agreed to by the Parties that this Agreement is not a contract subject to Chapter 271, Subchapter I. of the Texas Local Government Code. This Agreement is intended to be exclusively between and to benefit only the City and ASG, and the Parties do not intend that any third party should benefit from this Agreement or obtain any rights or claims hereunder. It is especially provided and agreed by and between ASG and the City that the exhibits referenced below shall be part of this Agreement as if set out in their entirety said exhibits being: EXHIBIT A — Facilities Maintenance EXHIBIT B — Field Inspection and Closure EXHIBIT C — Concession Buildings Maintenance XVII. This Agreement shall not become effective unless and until ASG provides the City with a true and correct copy of a certificate issued by the Office of the Texas Secretary of State —or other proof satisfactory to the City —that ASG has properly filed with said Office a statement appointing an agent authorized to receive service of process in accordance with Vernon's Ann.Texas Civ.St. Art. 1396-70.01, Sec.12 (a), et seq., as amended (the "Agent"). ASG shall thereafter provide the City with a copy, upon filing, of any amendment(s) to such statement that occur during the term of this Agreement and for two years thereafter. Further, ASG shall take all necessary steps to assure that the City has been provided written notice of the identity and the mailing address and the physical address of the Agent. The obligations in this paragraph shall survive for two years after the termination of this Agreement. XVIII. Any violation by ASG of any of the provisions of this Agreement shall result in the termination of this Agreement and the City's obligations hereunder once the City has provided ASG with sufficient time to cure such violation after the City provides written notice of such violation. In the event any such violation relates to nonpayment or untimely payment by ASG of any sums due hereunder, ASG shall have 60 days after the City provides said notice in which to cure the violation, or such s other time as agreed to by the Parties in writing. In the event said violation is for other than nonpayment or untimely payment by ASG, ASG shall have 30 days after the City provides said notice in which to cure said violation, or such other time as is agreed to by the Parties in writing. Notices required to be provided under this Agreement shall be sent by certified U.S. mail, return receipt requested, and shall be considered to have been provided on the date of mailing to the following addresses: If to the City: City Manager City of Anna 111 N. Powell Parkway City of Anna, Texas 75409 If to ASG: This agreement is made and entered into on the day of CITY OF ANNA: City Manager ANNA SPORTS GROUP: Association President EXHIBIT A FACILITIES MAINTENANCE 1. The City shall maintain the turf area of all athletic fields. 2. The City shall maintain all back -stops, fences, and gates. 3. The City shall maintain all bleachers and dugouts. 4. The City shall maintain the ball field lighting systems. 5. The City shall be responsible for the maintenance of any irrigation systems. 6. The City shall be responsible for hauling off trash that has been properly deposited in trash dumpsters. 7. ASG shall provide all bases, pitching plates, soccer goals, and all other equipment required for game play. All soccer goals provided by ASG shall be removed to the edge of the maintained turf areas at the conclusion of each practice or game. Other than bases, pitching plates, soccer goals, and other game -play equipment owned by ASG, ASG shall not permit any damage or removal of any part of the Park Facilities, and shall at all times during its use of the Park Facilities maintain the Park Facilities in good and safe condition. If at any time ASG discovers any poor, damaged or unsafe condition of the Park Facilities, it shall immediately notify a City Representative of same. 8. Unless otherwise provided by the City, ASG shall perform all pre -season infield clay maintenance to include adding clay, clay renovation, and cutting infield areas and base paths. The City shall provide the clay for said maintenance. ASG shall build the pitcher's mounds if needed. The City shall provide clay, sand, soil, etc. to be used in leveling or backfilling low areas when deemed necessary by the City. 9. Unless otherwise provided by the City, ASG shall regularly drag and maintain the infields in a weed -free and playable condition. 10. Unless otherwise provided by the City, ASG shall mark all foul lines, boundary lines, and other field markings required for game play. 11. Following any use by ASG of the athletic fields at Slayter Creek Park, ASG shall ensure that the athletic fields (turf, infields, home plate, bases, base lines, pitcher's mound, etc.) are returned to an acceptable condition for use by other organizations consistent with the City's policies for athletic field maintenance. ASG shall not adjust or allow any adjustment of the athletic fields at Slayter Creek Park that create bases or baselines inside a grass infield. ASG shall not make or allow any other alterations or adjustments to the athletic fields at Slayter Creek Park that are inconsistent with the use required by the Anna ISD for their UIL baseball and softball practices and games. 12.ASG shall be responsible for maintaining all Park Facilities areas and all adjacent grounds in a litter -free condition during its use of the Park Facilities. All litter shall be placed in the bins, cans, and receptacles provided by the City. The City shall provide pick up for these receptacles. 13.ASG shall be responsible for cleaning the City owned restroom facilities adjacent to the Park Facilities and shall provide all necessary supplies, during and immediately after its use of the Park Facilities. 14.ASG shall not perform any maintenance to any turf area or make any modifications to the Park Facilities without written permission from the City. 15.ASG shall be responsible for securing the Park Facilities at the end of each day or evening of play. This includes, but is not limited to, locking all gates and doors and turning off all interior building lighting, and field lighting. 16.ASG shall prohibit its coaches/players from hitting baseballs into any fence unless it occurs in the natural course of a game. Failure to enforce this policy may result in ASG incurring the costs associated with the repairs of the fencing. 17. If ASG desires to request any special park components or other special services be provided by the City for tournaments or other special events, such request shall be submitted to the City at least two weeks prior to the start of the tournament or event. EXHIBIT B FIELD INSPECTION AND CLOSURE Reasons for Athletic Field Closure 1. It is raining or there is a threat of lightning or other dangerous weather condition at game time. 2. Baseball/softball infields, outfields, soccer fields, or other turf areas are too wet. 3. Athletic Fields need to be closed in the interest of participant safety and/or preservation of good playing surfaces. City's General Procedures for Athletic Field Closure (these are internal City procedures for informational purposes and are subject to change without notice) (Weekdays) 1. Inspect Athletic Fields by 3:00 p.m. 2. Make -decision based upon field condition or weather. 3. Consult with the appropriate Field Manager, or his/her designee, about the status of the field(s). 4. Should ASG's Field Manager and the City Representative not agree, the decision of the City Representative shall be final. 5. Check weather and field conditions on evenings when fields will be in use after 6:00 p.m. When necessary, a City Representative will come in and close the fields affected. (Weekends) 1. Inspect Athletic Fields by 3:00 p.m. on Friday and by 7:00 a.m. on Saturday. 2. Make a decision based upon field condition or weather at the time if possible. 3. If a decision at 3:00 p.m. Friday is not possible, a City Representative familiar with the Athletic Fields will make decisions on field closure as needed throughout the weekend. 4. A City Representative will consult with ASG's Field Manager about the status of the fields. 5. Should ASG's Field Manager and a City Representative not agree, the decision of the City Representative shall be final. Implementation 1. The primary responsibility for making field closure decisions rests with the City Representative responsible for Athletic field maintenance. However, to the extent a Field Manager observes any weather condition or condition of the field or Park Facilities that threatens safe play, the Field Manager must stop play until the condition has ceased or been repaired and the condition is no longer a threat to safety. The appropriate Association's Field Manager has the responsibility to inform ASG and the participants about the field closure decision. I W4 ! I I M k01i CONCESSION BUILDINGS MAINTENANCE 1. ASG shall appoint a Concession Buildings manager who shall be responsible for the maintenance and operation on ASG's concession operations and for compliance with the policies outlined in this Exhibit "C". 2. ASG shall be responsible for cleaning the interior of the building after each and every use or event. Cleaning shall include but is not limited to the following: • All food products and all opened pre -packaged food bags or containers shall be removed from the building. Unopened pre -packaged food left in the building must be placed in the storage area off the floor and stored in a manner that prevents contamination or access by rodents, roaches or other vermin. • All countertops, tables, and other surfaces shall be wiped clean with a disinfectant cleaning product. Any stains, dirt, grease, or food product residue on the walls, doors, and window coverings shall also be removed and surfaces shall be wiped clean. • All floor spills shall be mopped and cleaned with water and a disinfectant cleaning product. • The entire floor area shall be swept clean and all food product residue shall be removed from the building. • All trash containers must be emptied and fitted with a clean plastic liner. All trash must be placed in the trash dumpster provided by the City located in the parking lot. • Barbeque grills and propane containers shall not be stored in the Concession Buildings 3. ASG shall be responsible for securing the Concession Buildings at the end of each day or evening of play, or event. This includes, but is not limited to, locking all doors and service windows and turning off all interior building lighting. 4. ASG shall not permit any damage or removal of any part of the Concession Buildings, the associated equipment and facilities, and shall at all times maintain the buildings, equipment and facilities in good and safe condition. If at any time ASG discovers any poor, damaged or unsafe condition of the building facilities or equipment, it shall immediately notify the City of same. 5. ASG shall be responsible for maintaining all Concession Building and all adjacent grounds in a litter -free condition during its use of the facilities. All litter shall be placed in the bins, cans, and receptacles provided by the City. 6. ASG shall be prohibited from performing any maintenance or making any modifications to the Facilities without written permission from the City. THE CITY OF AiAtia AGENDA ITEM: Item No. 5.g. City Council Agenda Staff Report Meeting Date: 3/13/2018 Approve a Resolution approving a Special Event Permit for a fundraising activity on April 7th, 2018 for the Samaritan Inn. (Maurice Schwanke) SUMMARY: Jody Bills has made application for a Special Event Permit on property located at 817 W. White St. The funds generated by this event will support the Samaritan I nn. The event will take place on April 7th from 11:00 am to 3pm. There will be no vendors present. Donations of clothing, hygiene items, and canned foods will be accepted. The activities proposed include bounce houses, DJ, face painting, and basketball goal. Free hot dogs, chips and drinks will be provided. This activity was reviewed internally by the staff (fire, police, parks, public works and planning). Subsequently, the Special Event Permit has been recommended for approval by the Parks Board at their regularly scheduled meeting on February 19th. STAFF RECOMMENDATION: Approval of the resolution approving the Special Events Permit. ATTACHMENTS: Description Location Map Resolution Application for Special Event Permit Letter from organizer Upload Date Type 3/8/2018 Exhibit 3/8/2018 Resolution 3/8/2018 Backup Material 3/8/2018 Backup Material O J Q w u- Z) m STREET (F.M. 455) BAT MASTERSON U) Q F-FT-FTT-F-10 WYATT EARP z O C� z_ J Y U ------------ DURHAM DR. w 0 U) z w m Y W W tr U O J I ALDER DRIVE 2 WH C) > can 0 SEQUOIA DRIVE _2 0 0 O O (D O 0 WEST( CITY OF ANNA, TEXAS RESOLUTION NO. RESOLUTION REGARDING THE APPROVAL OF A SPECIAL EVENT PERMIT SPONSORED BY JODY BILLS OF LIBERTY TAX SERVICE FOR A FUNDRAISER EVENT FOR THE SAMARITAN INN ON SATURADAY, APRIL 7TH, 2018 AT 817 WEST WHITE STREET. WHEREAS, the Jody Bills of Liberty Tax Service has submitted a Special Event Permit application to conduct a Fundraiser Event for The Samaritan Inn on Saturday, April 7th, and WHEREAS, the City of Anna Parks Board has reviewed the application and is recommending that the City Council of the City of Anna, Texas (the "City Council") approve the Special Event Permit; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. The City Council hereby approves the Special Event Permit. PASSED by the City Council of the City of Anna, Texas, on this 13th, day of March 2018. ATTEST: APPROVED: City Secretary Carrie L. Smith Mayor Nate Pike SPECIAL EVENT PERMIT- APPLICATION f- of Event: ❑Carnival Date: Mi `i 6? tr a 7 , � A,f � ,r ✓x Planning and Development Dept. 3223 N. Powell Pkwy Anna, TX 75409 972-924-2616 ❑Parade Code: ® ® g Application Fee $50 non-refundable Deposit $300 refundable ❑ Same Information As Above if not the same, complete the next two lines Issue Deposit Refund To: Address: City State: Zip Code Dates of Activity:;'r i! Reservation Time Block: a Type of Activity ex lain purpose of activity): Estimated Number of People Attending Activi Reservation Legation: e k9 r' �' %` Will Food and/or Beverages be on -site for the activity? BaTes ❑ No Will Alcohol be served or sold? ❑ Yes 21To if yes, include request letter If yes, please indicate who the vendors are (food and drinks): tl U 4, /1 C� -!' i4�1 J /1 / Please ident��iffDy all other actidties & struc res (bo e house, tents, music, sports, games, etc.): *If City Resources (Personnel, equipment and supplies) are used, the cost of Resources will be covered by the event sponsor. undersigned, its officers, employees or agents, arising out of, resulting from, or caused by any act occurring as a result of the exercise of the privileges granted by this permit. Applicant agrees that this indemnity agreement is intended to be as broad and inclusive as is permitted by the laws of the state of Texas, and that if any portion is held invalid, then it is agreed that the balance shall; notwithstanding, continue in full legal force and effect. I do solemnly swear (or affirm) that all the answers given and statements made on this application and supporting documents are full, true, and correct to the best of my knowledge and beliefs. I have been given a copy of the Anna City Code ordinance Part II, d Article 47 and have read the provisions contained therein and agree to abide by them. Applicant Name:__ 6 __ c — V) Signature: Date:---- �1----------- Submittal Requirements: vi 1. Completed application with signatures and contact information. 2. Submit application fee ($50) and deposit ($300). (Ord. No. 410-2008; Checks payable to the City 0 of Anna) 3. Map of Event area. 4. List of food and beverage vendors and/or copy of current license from vendor. E5. Statement of Intent to obtain Insurance and/or Proof of Insurance. (A copy of the Certificate of Insurance is due a minimum of one week before event start date) �) 6. Letter of request if alcohol is desired. For Office Use Only: Date Application & Deposit Received $300 : Date Application Fee Receive $50 : Received By: .{;:y,` Received By: vs5 Cash or Check # Cash or Check CD , Receipt #: - Recei t #: Required Documents Rec'd: ❑ Completed Application ❑ Insurance ❑ Food Vendor List ❑ Sound System ❑ Map ❑ Alcohol Request (optional) ❑ Other: ❑ Other: ❑ Approved by: ❑Permit Issued Date: Assign Date of Parks Board Review of Application: (put date in blank and notify Applicant. LIBERTY TAX SERVICES 817 W. White Street Suite 200B, Anna Texas 75409 # F To: Anna City Counsel From: Jody Bills 41 On March 1e7'th, 2018 Liberty Tax Service would like to host a road side party in the empty lot next to our building. This event will be to raise awareness as well as donations for the Samaritan Inn. The Samaritan Inn is located at 1710 N. McDonald Street McKinney Texas, 75701. The Samaritan Inn is the largest residential homeless program located in Collin County. At Liberty Tax Service we see this is an amazing opportunity to give this establishment and its residents the support it desperately needs. We will be providing games, prizes, music, and food for small donations such as clothes, hygiene items, and canned foods. These items will go to help the Samaritan Inn continue to support the families of Collin County. Jody Bills Owner 817 W. WHITE STREET SUITE 200B, ANNA TEXAS, 75409 T 214-973-1094 THE CITY OF Minna AGENDA ITEM: Item No. 6. City Council Agenda Staff Report Meeting Date: 3/13/2018 Consider/Discuss/Action regarding making an appointment to the CDC board to fill vacancy of place. (City Secretary) SUMMARY: STAFF RECOMMENDATION: THE CITY OF Minna AGENDA ITEM: Item No. 7. City Council Agenda Staff Report Meeting Date: 3/13/2018 Consider/Discuss/Action regarding making an appointment to the EDC board to fill vacancy of place 7. (City Secretary) SUMMARY: STAFF RECOMMENDATION: THE CITY OF AiAtia AGENDA ITEM: Item No. 8. City Council Agenda Staff Report Meeting Date: 3/13/2018 Consider/Discuss/Action on an appointment to the Parks Advisory Board filling a vacancy to Place 1 with a term expiring in June 2019.(City Secretary) SUMMARY: STAFF RECOMMENDATION: THE CITY OF Minna AGENDA ITEM: Item No. 9. City Council Agenda Staff Report Meeting Date: 3/13/2018 Consider/Discuss/Action regarding two appointments to the Anna Fire and Auxiliary Association Inc. Board of Directors. SUMMARY: The Anna and Fire Rescue Auxiliary Association Inc. is a non-profit organization that was created in 2010 in connection with the formal creation of the City of Anna Fire Department. The Association is governed by a five -member Board of Directors. Two of the Board members are recommended by the members of the Association and approved by the full board, two other members (Director 3 and Director 4) are appointed by the City Council, and the fifth member of the Board is the Anna Fire Chief. The positions of Director 3 and Director 4 have recently become vacant due the members being hired by other agencies and no longer living in the area. Director 3 is a full three year appointment. Director 4 will be filling an unexpired term for 1 year. STAFF RECOMMENDATION: Although not required, the Association membership is recommending that the Council appoint Katie Pulliam to serve as Director 3, and Brennan Lunsford to be appointed as Director 4. Firefighter Lunsford has been a member of the Department for approximately one year and is a dedicated member. Firefighter Puliam has also been a member for approximately one year and recently completed her firefighter certification training. Both members have agreed to the duties of the position subject to Council approval. THE CITY OF AiAtia AGENDA ITEM: Item No. 10. City Council Agenda Staff Report Meeting Date: 3/13/2018 A) Continuance of the public hearing to consider public comments regarding a request by Skorburg Company, owner(s) of the property. The property is currently zoned Planned Development Ordinance 129-2004 as amended by Ordinance number 627-2013 which allows commercial, multifamily and single family on the subject tract. The owner request to add to the Planned Development the right for Patio Homes (smaller lots) on a specific tract . The property is located east of Finley Blvd. and north of Sharp street. B) Consider/Discuss/Action on an ordinance regarding the request by the owner(s) of the property to add to the Planned Development Ordinance 129-2004 as amended by Ordinance number 627- 2013 the right for patio homes on small lots on a specific tract. (Maurice Schwanke) SUMMARY: Th prop rty b ing propos d for th Patio Hom conc pt by Pac s tt r hom s is within District F and District H of Plann d D v lopm nt Ordinanc Numb r 129-2004 of th Anna Town Squar D v lopm nt. Th s districts allow a wid rang of us s from Comm rcial to Multifamily to Singl Family at 3.5 units p r acr . Th propos d us is a singl -family structur on a small lot in som cas s in a uniqu s t up. Th r ar thr basic s tups which would includ th following: 1. Units on 31' foot wid lots with r ar ntry d tach d garag s on a privat all y. 2. Units on 40' wid lots with front ntry attach d garag s. 3. Units on 40' wid lots with front ntry d tach d garag s. Th s units will normally s ry two s gm nts of th population. Th s group ar singl /coupl first-tim hous buy rs or mpty n st rs that ar downsizing. Th outdoor living spac s for 1 and 3 units ar b tw n th garag and hour whil 2 units would b in th back yard. B caus of th narrown ss of th lots, wid r str is ar provid d to allow for asi r trav rsing of th str is wh n parking occurs on both sid s. Th s lots will also addr ss on of th Strat gic Plan Goals of th City which is to Div rsify Housing & N ighborhood Options. This ag nda it m is a continuanc of a public h aring wh r in th City Council has dir ct d th own r of th prop rty and th City staff to addr ss th continu d maint nanc of th propos d privat all ys that ar a part of th d v lopm nt. Languag has b n draft d and ins rt d into th ordinanc which addr ss s all y maint nanc . STAFF RECOMMENDATION: Approval of the attached Ordinance. ATTACHMENTS: Description Upload Date Type Location Map 2/8/2018 Exhibit Ordinance 3/9/2018 Ordinance Exhibit X-1 Legal Description 3/9/2018 Exhibit Exhibit X-2 Required CCR Provisions 3/9/2018 Exhibit Site Layout 2/9/2018 Exhibit Site Layout with Buildings 2/9/2018 Exhibit Additional Pacesetter information 2/21/2018 Backup Material Maintenance Cost for Alley 3/8/2018 Backup Material IT 5 �e m e STARS DRIVE K N z COWBOY WAY Q MAVERICK T, t 9 -1 00 y2 N� Pm s BRITTANY DRIVE W m Z W a FINLEY BOULEVARD 0 MAE ST RENDYN ST. cn Y g U ELIZABETH ST. � w z BROOKLYN DRIVE w W ORDINANCE NO. (Amendment to Ordinance No. 129-2004 as amended by Ordinance No. 627-2013) AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY'S COMPREHENSIVE PLAN, ZONING MAP, AND ZONING ORDINANCE, AND CHANGING THE ZONING OF CERTAIN PROPERTY AS DESCRIBED HEREIN; PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A PENALTY CLAUSE NOT TO EXCEED $2000 OR THE HIGHEST PENALTY AMOUNT ALLOWED BY LAW, WHICHEVER IS LESS; AND, PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the owner of the property described in Exhibit A attached hereto has requested a certain zoning for said property; and WHEREAS, the Planning and Zoning Commission of the City and the City Council of the City of Anna have given the requisite notices by publication and otherwise and have held the public hearings as required by law and afforded a full and fair hearing to all property owners and generally to all persons interested in and situated in the affected area and in the vicinity thereof, the City Council of the City of Anna has concluded that the Zoning Ordinance of the City of Anna should be amended as follows: NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: Section 1. The Comprehensive Zoning Ordinance of the City of Anna, Texas, is amended by changing the zoning of the tract described in Exhibit A, attached hereto and made an integral part of this ordinance, Amending Ordinance No. 129-2004 as Amended by Ordinance 627-2013. Section 2. All regulations pertaining to Ordinance 129-2004 shall be applicable to this Planned Development, except as amended herein. Establishment of Districts For the purpose of this Planned Development ordinance, the land described in Exhibit A, is hereby divided into districts as follows: District A- Southern Single Family Zone District B- Eastern Single Family Zone District C- Single Family Transition Zone District D- Town Center Town Home Zone District E- Town Center Adjacency Zone District F- Town Center Retail Zone District G- Town Center Zone Page 1 of 10 District H- Southern Town Center Zone District I- Southern Town Center Adjacency Zone District J- "C-2" District K- North Eastern Single -Family Zone Page 2of10 District F. Town Center Retail Zone This district is intended to provide for retail, restaurant, and commercial uses near the Town Center Zone, including convenience stores, shopping centers, and office buildings, but not including wholesaling or warehousing. Uses in this area provide the kind of living and shopping activities that give greater identity and life to the Town Center. The Town Center Retail Zone contains approximately 15 gross acres and permits retail (including restaurants, entertainment, and office uses) and multi -family land uses. See Exhibit C Multi -Family Development Matrix. The maximum height in this area shall be three stories, or 50 feet. Buildings shall not be closer than 15 feet to any street. Multi -family is encouraged above first floor retail. The maximum multi -family density shall be 24 units to the acre when retail is not incorporated into first floor space and 36 units to the acre when retail is so incorporated in a quantity equal to or greater than 10% of the total first floor area of multifamily structures fronting all of the collector streets shown on the concept development plan, Exhibit "C"). When use of retail permits an increase in density, the building height may be increased to four stories, or 65 feet. This district when developed will be most similar to a "C-2" zoning district. Single-family residential uses shall be permitted in this district in accordance with the "Single Family Alternate" conditions specified in ordinance section 3. Patio Homes with the standards as shown below are also allowed in Dart of District F as shown in Exhibit X-1. Collector streets or portions of collector streets located within this zone (as shown on the approved concept development plan (Exhibit "C") shall be planted with a single row of canopy street trees, planted at 50 feet on center along the frontage of each project area. STANDARDS FOR COMMERCIAL DEVELOPMENTS ADOPTED "PD" CONDITIONS CURRENT "C-2" Minimum Lot Size None Minimum Width None 60' Minimum Depth None Minimum Front Yard Setback 15, 25' Minimum Rear Yard Setback 0' 10' except 15' when abutting any district requiring a side yard. Side Yard Setback None 5' except 15' when abutting any district requiring a side yard. Side Yard Corner 15' 25' Maximum Lot Coverage 80% Maximum Height 3 Stories or 50 feet 35' Page 3 of 10 STANDARDS FOR MULTI -FAMILY DEVELOPMENTS ADOPTED"PD" CONDITIONS CURRENT Minimum Front Yard Setback 20' for one or two story 25' buildings & 30' for three or four story buildings Minimum Rear Yard Setback 0' 25' Side Yard Setback 0' Side Yard Corner 0' 25' Masonry Percentage 75% Minimum Trees Four (3") Caliper Trees Maximum Height 3 Stories or 50 feet; 4 Stories 45' or 65 feet when commercial uses are on the first floor Maximum Density 24 units per acre with 36 units 25 units per acre with per acre permitted when first special fire protection floor retail is incorporated in equipment. the multifamily project Page 4 of 10 STANDARDS FOR PATIO HOMES Front Load with attached and detached front garages Rear Load Private Alley Minimum Lot Size 4,000 SF1 3,520 SF Typical Lot Size 4,800 SF 3.520 SF Minimum Lot Width 40' at Building Line 31' at Building Line Minimum Lot Depth 10012 100, Typical Lot Depth 120' 110, Minimum Front Yard Setback 20' 10, Minimum Rear Yard Setback 10' 10, Side Yard Setback 5' 5' Side Yard Corner 10, 10, Masonry Percentage Front 1st Floor 90% 90% Masonry Percentage Front 2nd Floor 70% 50% Masonry on Side Yards adjacent to Street 80% first and second floor 80% first and second floor Masonry Percentage on perimeter of Development 100% with two feet wrap around on corners NA Detached Front Garages 90% Masonry on front and sides NA Maximum Height 2.5 Stories or 35 feet 2.5 Stories or 35 feet Maximum Lot Coverage 70% 70% Minimum Air -Conditioned Square Footage SF 1,200 SF 1,000 SF 1 Only 10% of lots may be below 4,800 SF. 2 Only 10% of lots may have a Depth of less than 120' All Alleys shall be private. Lot owners within the Patio Home Development shall be members of a mandatory homeowners association. All alleys will be owned and maintained by the homeowners association, and the cost of such maintenance shall be solely borne by the owners of lots within the Patio Home Development. The owners association shall collect reserve funds at a level estimated to cover the cost of repair or replacement of the private alleys at the expiration of such alley's estimated useful life. The restrictive covenants that run with the land shall be duly amended to include to include the language in Exhibit X-2, attached, and utility service, building permits and/or certificates of occupancy may be withheld until proof satisfactory to the City has been submitted to the City evidencing said amendment. Public Street section shall be a minimum of 34.5' Back to Back. Building articulation for all units shall be met per the residential standard ordinance as adopted. Building Repetition shall be consistent with residential standards ordinance as adopted. Page 5of10 Roofs shall meet the residential standards ordinance as adopted. Building Fenestration shall meet the residential standards ordinance as adopted. A 6' Masonry Wall shall be constructed along the Southern border of Patio Home Development. A covered porch, patio, or pergola shall be provided constituting a minimum of 50 SF on any of the front, side or rear yards or a combination thereof. Front yard standalone garages are allowed. Alley loaded, detached garages may include 100% cementitious siding on all garage elevations except for lots siding up to streets where the street side shall be masonry. All homes shall have either a free standing 2-car garage or a 2-car garage attached. All front entry garages will have driveway parking spaces a minimum of 18 feet deep. District H. Southern Town Center Zone The Southern Town Center Zone is approximately 25 gross acres and permits multi-family(See Exhibit C Multi -Family Development Matrix.), retail (including restaurants, entertainment, and office uses. Standalone retail land uses shall be developed according to the Commercial Development standards specified below except as amended by the following text for retail uses incorporated with multi -family uses. Multifamily residential units may be developed according to the standards specified below with the exception that density may be increased to 36 units per acre when commercial uses are provided on the first floor of multi -family development in amounts that equal or exceed 10% of the first total floor area of those multifamily structures fronting a major collector shown on the approved concept development plan (Exhibit "C"). When use of retail permits an increase in density, the building height may be increased to four stories, or 65 feet. The district when developed as commercial will be most similar to the "C-2" district. Patio Homes with the standards as shown below are also allowed in part of District H as shown in Exhibit X-1. Collector streets or portions of collector streets located within this zone (as shown on the approved concept development plan (Exhibit "C") shall be planted with a single row of canopy street trees, planted at 50 feet on center along the frontage of each project area. Single family residential uses shall be permitted in this district in accordance with the "Single Family Alternate" conditions specified in ordinance Section 3. Page 6 of 10 STANDARDS FOR COMMERCIAL DEVELOPMENTS ADOPTED "PD" CURRENT "C-2" Minimum Lot Size None Minimum Width None 60' Minimum Depth None Minimum Front Yard Setback 15' 25' Minimum Rear Yard Setback 0' 10' except 15* when abutting any district requiring a side yard. Side Yard Setback None 5' except 15* when abutting any district requiring a side yard. Side Yard Comer 15' 25' Maximum Lot Coverage 85% Maximum Height 4 Stories or 65 feet 35' STANDARDS FOR MULTI -FAMILY DEVELOPMENTS ADOPTED "PD" CONDITIONS CURRENT "MF- 2" STANDARDS Minimum Front Yard Setback 20' for one or two story buildings & 30' for three or four story buildings 25'. Minimum Rear Yard Setback 0' 25' Side Yard Setback 0' Side Yard Corner 0' 25' Masonry Percentage 75% Page 7 of 10 Minimum Trees Four (3") Caliper Trees Maximum Height 3 Stories or 50 feet; 4 Stories 45' or 65 feet when commercial uses are on the first floor Maximum Density 24 units per acre free 25 units per acre with standing with 36 units per special fire protection acre when above equipment. commercial uses. STANDARDS FOR PATIO HOMES Front Load with attached and detached front garages Rear Load Private Alley Minimum Lot Size 4,000 SF' 3,520 SF Typical Lot Size 4,800 SF 3.520 SF Minimum Lot Width 40' at Building Line 31' at Building Line Minimum Lot Depth 10012 100, Typical Lot Depth 120' 110, Minimum Front Yard Setback 20' 10, Minimum Rear Yard Setback 10' 10, Side Yard Setback 5' 5' Side Yard Corner 10, 10, Masonry Percentage Front 1 st Floor 90% 90% Masonry Percentage Front 2nd Floor 70% 50% Masonry on Side Yards adjacent to Street 80% first and second floor 80% first and second floor Masonry Percentage on perimeter of Development 100% with two feet wrap around on corners NA Detached Front Garages 90% Masonry on front and sides NA Maximum Height 2.5 Stories or 35 feet 2.5 Stories or 35 feet Maximum Lot Coverage 70% 70% Minimum Air -Conditioned Square Footage SF 1,200 SF 1,000 SF 1 Only 10% of lots may be below 4,800 SF. 2 Only 10% of lots may have a Depth of less than 120' All Alleys shall be private. Lot owners within the Patio Home Development shall be members of a mandatory homeowners association. All alleys will be owned and maintained by the homeowners association, and the cost of such maintenance shall be solely borne by the owners of lots within the Patio Home Development. The owners association shall collect reserve funds at a level estimated to cover the cost of repair or replacement of the private alleys at the expiration of such alley's estimated useful life. The restrictive covenants that run with the land shall be duly amended to include to include the Page 8of10 language in Exhibit X-2, attached, and utility service, building permits and/or certificates of occupancy may be withheld until proof satisfactory to the City has been submitted to the City evidencing said amendment. Public Street section shall be a minimum of 34.5' Back to Back. Building articulation for all units shall be met per the residential standard ordinance as adopted. Building Repetition shall be consistent with residential standards ordinance as adopted. Roofs shall meet the residential standards ordinance as adopted. Building Fenestration shall meet the residential standards ordinance as adopted. A 6' Masonry Wall shall be constructed along the Southern border of Patio Home Development. A covered porch, patio, or pergola shall be provided constituting a minimum of 50 SF on any of the front, side or rear yards or a combination thereof. Front yard standalone garages are allowed. Alley loaded, detached garages may include 100% cementitious siding on all garage elevations except for lots siding up to streets where the street side shall be masonry. All homes shall have either a free standing 2-car garage or a 2-car garage attached. All front entry garages will have driveway parking spaces a minimum of 18 feet deep. Section 3. The official Zoning Map of the City of Anna shall be corrected to reflect the change in zoning described herein. Section 4. All ordinances of the City of Anna in conflict with the provisions of this ordinance are repealed to the extent of that conflict. Section 5. This Ordinance shall take effect immediately from and after its passage and the publication of the caption of said ordinance as the law in such case provides. PASSED by the City Council of the City of Anna, Texas, this day of , 2018. ATTESTED: City Secretary, Carrie L. Smith APPROVED: Mayor, Nate Pike Page 9 of 10 Page 10 of 10 EXHIBIT X-1 BEING 22.641 acres (986,229 square feet,) of land situated in the Granderson Stark Survey, Abstract Number 798, City of Anna, Cabin County, Texas; said 22.641 acres (}86,229 square feet) of land being a portion of that certain tract of WM described in a Special Warranty teed to Anna Town Center No. 4 f SHRP, Ltd. (hereinafter referred to as Anna Town Center No. 4 { SHRP truck), as reworded in Volume 5631, Page 2600, Official Public Records, Collin County, Texas (O.P.R.C.C.T.), and being a portion of that certain tract of land described in a Special Warranty teed with Vendor's Lien to Anna Town Center fixed Use MC (hereinafter referred to as Anna Town Center Mixed U tract), as recorded in Instrument Number 20150317000291340, O.P.R,C.C,-T'. and tieing a portion of that certain tract cf land described in a deed to Agana Town Center No. 2 � SRTO, Ltd. �herelnafter referred to as Anna Town Center No. 21 3RTG tract), as recorded In In Volume 5622, Page 1863, O.P.R-C.C.T., said 22.641 ads (986,229 square feet) of land heIng more particularly described, by metes and bounds, as follows: COMMENCING -at the Southerly Southeast cornet- of said Anna Town Center Mined Use tract, same being in the existing North Pight-of way line (60' Rom) of Sharp Strut, according to the plat thereof recorded in instrument Number 20161110010OC4610 C.P. R. C.T.; THENCE Barth 00 degrees 34 minutes 03 seconds East, with the East line of said Anna Town Center Mixed Use tract, a distance of 260.19 feet to a point for corner; THENCE North 82 degrees 08 minutes 18 suds West, departing the East Line of said Anna Town. Center Mixed Use tract and crossing said Anna Town Center Mixed Use tract, a distance of 69.20 feet to the beginning of a curve to the right whose long chard tags North 64 degrees 55 minutes 87 suds West, a distance of 381.89 feet, THENCE Northwesterly, coon inue crossing said. Anna Town Cer it Mixed Use tract with Bald curve to the right, having a radius of 645.00 feet, throogh a central angle of 84 degrees 26 minutes 22 seconds for an arc distance of 387.70 Feet to the egad of said curve; THENCE North 47 degrees 41 minutes 56 seconds West, continue crossing ;said Anna Town Center Mixed Use track, a distance of 415.17 feet to tfe future East right -of -thy lime of Finley Road; THENCE North 31 degrees 18 ;minutes 05 seconds East, continue erossirig said Anna Town Center Mixed Use tract with said futr ire East right-of-way line of Finley Road, a distance of 50,43 feet to the beginning of a curve to the right, whose Fang chord bears North 4a degrees 22 rnint�tes 02 seconds East, a distanoe of 3U4.67 fee[; THENCE Northeasterly, continue crossing said Anna Town Center Mixed Use tract with said future East right -Of-" fine of Finley Road voith said curve r-I the right, having a radius of 960.00 feet, through a central angle of 18 degrees 15 minutes 36 Se oonds East for an arc distance of 3D5.96 feet to the end of said cum; THENCE Nodh 49 degrees 29 minutes 51. seconds Fast, continue crossing said Anna Town Center Mired Use tract with said future East rlght-Gf-way lime of Finley Read, a distance of 235.92 feet to the begming of a curve to the left, whose long Mord bears North 43 degrees 32 minutes 19 seconds East, a: distance of 215.93 feet; THENCE Northeasteriv, continue crossing said Anna Town Center Mixed Use tract with said future East rlght-of-w4y fkne of Finley road with said curve to Lhe left, halving a radius of 104040 feet through a central angle of 11. 629rees 55 minub:s 04 seconds for an arc dk5taince of 216.32 feet, to the end of said cuW THENCE North 37 de€greus 33 minutes 48 seconds Last, continue crossing paid Anna Town Center Mixed Use tract with said future East right--of-way Pine of Finley Road and leaving said curse non -tangent, a distance of 503.23 Feet to a point for corner; IHENCE ,loath 52 degrees 25 minuto.-,, 04 seconds East,, departing mid future East right-of-way litre of i=rniey Road and crossing said Anna Town anLer Mixed Use tract orld said Anna Town Center No. 2) S TO tractr a disbnce of 588_06 feet to a point in ohe East line of said A,rrrla 'fawn Center Mixed Use tract; THENCE SolAth 27 degrees 54 minutes 27 seconds West with the East line: of said Anna Town Center Mixed Use tract, a distance of 772.90 feet to the beginning of a curve to the left, vuhose long chord bears South 14 degrees 14 rninutcs 15 secor& West, a distance of 169.06 ire ,, THENCE Southwrestedy, departing th:e East Iine of Bald Anna Town Center Mixed Uise tract and crossing the aforesaid Anna Town Center No. 4 f SHRP tract with said curve to the left, having a radius of 400.00 feet, through a central angle of 27 degrees 20 minutes 24 .seconds for an arc distance of 190.By feet to the €:nd of said curve; THENCE South 00 degrees 34 rninrfkes 03 seconds West crossing both Anna Town Center Mixed Use tract and said Anna Town Center NG. 4 J SHRP tract, a dlstaince of 236.Z9 feet to a point, for corner; THENCE North 82 degrees 0.9 rronurtes 18 seconds West, continue crossing said .Anna Town Center No. 4 / 'SHRP tractf a distanoe of 194.22 feet to the PLACE OF BEG]fiN.2NG, and containing a calculated area of 22.641 acres (9136,229 square feet) of land,, EXHIBIT X-2 REQUIRED DEFINED TERMS: "Alleys" means the private alleys shown and designated on the Plat as private. The Alleys shall be used for vehicular and pedestrian ingress and egress to and from the Patio Lots and are designated hereby as Special Common Area for the Patio Lots for exclusive use and the payment of Special Common Area Assessments attributable thereto. "City" means the City of Anna, Texas. "Patio Lots" means Lots Block subdivision, a subdivision according to the map or plat thereof recorded as Document No. in the Official Public Records of Collin County, Texas. REQUIRED SECTION: 1.1 Alleys within the Property. 1.1.1 General. Notwithstanding any other provision hereof: (i) The Alleys are private and to be owned and maintained by the Association except as otherwise set forth in this section. (ii) The Association shall be obligated to maintain the Alleys and related appurtenances, including but not limited to signage and lighting, in a good and functioning condition and in compliance with Applicable Law. (iii) The City shall have no obligation to maintain or reconstruct the Alleys and related appurtenances. 1.1.2 Rules and Regulations. The Association, acting through the Board, has the express authority to adopt, amend, repeal, and enforce Rules and Regulations for the use of Alleys, including but not limited to the following: (i) Identification of vehicles used by Owners and Residents and their guests. (ii) Designation of parking areas and no -parking areas, and loading/unloading zones. (iii) Limitations or prohibitions on parking. (iv) Removal or prohibition of vehicles that violate applicable rules and regulations. 4829-6276-9247v.1 19719-74 3/7/2018 (v) Fines for violations of applicable rules and regulations. 1.1.3 City Inspection. Notwithstanding any other provision hereof, the City shall be allowed to inspect the Alleys and related appurtenances periodically to determine the need for repairs. 1.1.4 City s Right to Maintain Alleys and for Reimbursement. Notwithstanding any other provision hereof: (i) The City shall be allowed, but not obligated, to repair and maintain the Alleys, related appurtenances, if the Association fails to maintain such facilities in good condition and repair after the City has provided the Association written notice and opportunity to remedy such failure. (ii) The costs incurred by the City to repair and/or maintain the Alleys, related appurtenances, plus applicable interest, will be payable by the Association upon demand from the City. (iii) Should the Association be, for any reason whatsoever, unwilling or unable to pay the City's above -referenced costs to repair and/or maintain the Alleys, the City shall have the right to assess the costs against any owners of a Patio Lot or any other owner whose property abuts or is adjacent to the Alleys. 1.1.5 City Easement. In accordance with Sections hereof, the City, its agents, representatives and employees, shall have the right of access, ingress and egress to and over the Alleys and related appurtenances, for the purposes of repairing, maintaining, improving and preserving the same, including the right to remove any vehicle or obstacle within the Alleys for said purposes or that impairs emergency access. 1.1.6 City Services Not Provided to Alleys. Certain services provided by the City, including, but not limited to, police enforcement of traffic and parking ordinances and preparation of accident reports, may not be provided to the Alleys. 1.1.7 No Dissolution. Notwithstanding anything contained herein or in the Certificate to the contrary, the Association may not be dissolved without the prior written consent of the City. 1.1.8 No Amendment or Repeal. Notwithstanding any other provision hereof, the provisions of this Section may not be amended or repealed without the written consent of the City. 4829-6276-9247v.1 19719-74 3/7/2018 FOR CONCEPT LAYOUT ONLY ATTACHMENT 3 - PROTOTYPICAL PLAN LAYOUT AND FENCING ; jj sr �, s MASONRY FENCE (CEMENTITIOUS) - - - - -� PRIVACY FENCE (WOOD) SKORBURG Development Standards and Representative Product • Location • Current Zoning • Proposed Concept Plan • Proposed Additional Zoning — 30' wide product (rear entry) —40' wide product (front entry) —Traditional Series —40' wide product (front entry) —Courtyard Series LOCATION ANNA TOWN SQUARE t xza units—unaer cansxruc4ion For DR Hon- S s Elrrder d7 9a Fine retl lots M 1fL Windsor&bR.Hwtnn 42 Lots Start Con&DRann rrstrtrcaon Mega[e1& C R Hort.nnn 1 •�,,��jj V / V l y! �� �ty'W� �� �a Start conmuctirnr tL4'17 Megatfl. Windsor&CRHortnn y= 172 Finehed lots Mega4eV,WirAsor&IXi. Hnrton r� 't':tE i�-+�, - trrrrrrrrrrrrrrrrrrr� Spine Road —Under Co nstmctian Iyr\ Cammercia l/RetailjMiwed Use Designated NEW ANNAISID areas ELEVEN -AR' LEN.ENGFAL 2DI7 OPENING F..11L 2�1? Anna rToevn�r$ Mare g� ,p� Gis (�MMC ' v. Preliminary Community Plan CURRENT ZONING The current zoning for Districts F and H of Anna Town Square allows for: • Retail — Convenience stores, shopping centers • Commercial/Flex Office — Similar to the City's C-2 Zoning • Multifamily — Up to 36 Units per Acre • Single Family — Up to 3.5 Units per Acre ADOPTED "PD" CURRENT "C-2" CONDITIONS Minimum Lot Size None Minimum Width None 60' Minimum Depth None Minimum FrontYard 15' 25' Setback Minimum Rear Yard 0' 10' except 15' when Setback abutting any district requiring a side yard Side Yard Set Back None 5' except 15' when abutting any district requiring a side yard Side Yard Corner 15' 25' Maximum Lot Coverage 80% Maximum Height 3 stories or 50 feet 35' ADOPTED "PD" CURRENT "C-2" CONDITIONS Minimum FrontYard 20' for one or two story 25' Setback buildings & 30' for three or four story buildings Minimum Rear Yard 0' 25' Setback Side Yard Setback 0' Side Yard Corner 0' 25' Masonry Percentage 75% Minimum Trees Four (Y) Caliper Trees Maximum Height 3 stories or 50 feet; 4 45' stories or 65 feet when commercial uses are on the first floor Maximum Density 24 units per acre with 25 units per acre with 36 units per acre special fire protection permitted when first equipment floor retail is incorporated PROPOSED LAYOUT PROPOSED LAYOUT �HI , Lik Z S LAYOUT SUMMARY TABLE 131 imx xu�e€x[sims :m NIFIDER Crt JY'LOlS B3 xurnxx o w ims 22% TOTx �1FK,E 0 S �p o� PHASE 5 4 d FOR CONCEPT LAYOUT ONLY M I. L-` PROPOSED LAYOUT PHASE 5 FOR CONCEPT LAYOUT ONLY PROPOSED ADDITIONAL ZONING Front Load with attached and detached front garages Rear Load Private Alley Minimum Lot Size 4,000 SFl 3,520 SF Typical Lot Size 4,800 SF 3.520 SF Minimum Lot Width 40' at Building Line 31' at Building Line Minimum Lot Depth 10012 100, Typical Lot Depth 120' 110, Minimum Front Yard Setback 20' 10, Minimum Rear Yard Setback 10, 10, Side Yard Setback 5` 5' Side Yard Corner 10' 10' Masonry Percentage Front 1 It Floor 90% 90% Masonry Percentage Front 2°d Floor 70% 50% Masonry on Side Yards ad'acent to Street 80% first and second floor 80% first and second floor Masonry Percentage on perimeter of Development 100% with two feet wrap around on corners NA Detached Front Garages 90% Masonry on front and sides NA Maximum Height 2.5 Stories or 35 feet 2.5 Stories or 35 feet Maximum Lot Coverage 70% 70% Minimum Air -Conditioned Square Footage SF 1,200 SF 1,000 SF I) 3 1 ' WIDE PRODUCT (REAR ENTRY) DEVELOPMENT STANDARDS Development Standards Minimum Lot Size 3,520 SF Minimum Width 31' Minimum Depth 100' Minimum Front Yard Setback 10, Minimum Rear Yard Setback 10, Side Yard Setback M�� 5' Pad Width 20' Pad Depth 90, REPRESENTATIVE PRODUCT IT i yl i AINK, ll I 11, 511CM sil vow 7 J 11 J 30' wide product (rear entry) J ��M111�11 Ulliillil��yltiMNll�+. 411��k�9o��A1�i31tu, L A 30' wide product (rear entry) 30' wide product (rear N- .__Ilk .s 30' wide product (rear entry) DEVELOPMENT STANDARDS Development Standards Minimum Lot Size 4,000 SF Minimum Width 40' Minimum Depth 100, Minimum Front Yard Setback 20' Minimum Rear Yard Setback 10, Side Yard Setback 5' Pad Width 30' Pad Depth 90' REPRESENTATIVE PRODUCT - rx,77 REPRESENTATIVE PRODUCT REPRESENTATIVE PRODUCT .-W = 40' wide product (front entry) —Traditional Series DEVELOPMENT STANDARDS Development Standards Minimum Lot Size 4,800 SF Minimum Width 40' Minimum Depth 100' Minimum Front Yard Setback 20' Minimum Rear Yard Setback 10, Side Yard Setback 5' Pad Width 30' Pad Depth 90, PRODUCT LAYOUT Courtyard Product Prese_ntat%on. tea. J REPRESENTATIVE PRODUCT REPRESENTATIVE PRODUCT REPRESENTATIVE PRODUCT VK- lit .l r THE END APPENDIX 0 L David Weekley Homes — North Richland Hills: J/www.davidweekleyhomes.com/new-homes/tx/dallas-ft- worth/north-rich land-h i I Is/hometown David Weekley Homes — Rowlett: http://www.davidweekleyhomes.com/new-homes/tx/dal las-ft- worth/rowlett/the-homestead-at-I iberty-grove-45 REPRESENTATIVE PLAT - 30' PRODUCT (ALLEYS) REPRESENTATIVE PLAT - 30' AND 40' PRODUCT MIX PRELIMINARY SUBDIVISION PLAT: BLC4 VISTA PHASE 3 SECTIONS 2 AND 3 f CITY OF SAN MARCOS, 'F- 777 I I I � � f WelreaW Lad Sawpeiq M1c 5°: �`. Maintenance Estimate for Patio Home Alley Current Estimated Cost of Alley $ 80,000.00 Current Estimated Homes in Patio Home HOA 131 EA Minimum Yearly Contribution for each Patio Home $ 20.00 Total Yearly Contribution $ 2,620.00 Estimated Useful Life of Alley 15 Years Maintenance Fund at End of Usefull Life $ 39,300.00 Estimated Repair Cost for 1 failure* $ 3,125.00 *Assumes Full Panel Replacement of 25 SY @ $125 / SY THE CITY OF AiAtia AGENDA ITEM: Item No. 11. City Council Agenda Staff Report Meeting Date: 3/13/2018 Consider/Discuss/Action regarding a Resolution finding a public necessity and authorizing City staff to use lawful means, including negotiations and, if necessary, proceedings in eminent domain, to acquire an easement on private property owned by Judy K. Logsdon. (Joseph Johnson) SUMMARY: The US 75 Utility Relocation Project consists of approximately 11,957 linear feet of water line relocations necessary due to additional right-of-way acquisition by the Texas Department of Transportation (TxDOT) for the reconstruction of US 75. The project is at a critical juncture where City utilities must be relocated promptly in order to avoid conflicts with imminent roadway construction. This yet to be acquired easement is preventing the project from moving forward. In order to construct this water line, the City will need to acquire an easement across property owned by Judy K. Logsdon. The attached Resolution authorizes staff to negotiate, and, if necessary, initiate eminent domain proceedings to acquire the easement. The US 75 Utility Relocation Project supports the following goals from the City's adopted Strategic Plan: (1) Upgrade City Facilities & I nfrastructure (2) Build Transportation Infrastructure STAFF RECOMMENDATION: Staff recommends approval of the attached Resolution. A motion to approve the Resolution should be made precisely as follows as prescribed by law: "I move that the City of Anna, Texas authorize the use of eminent domain to acquire 0.236 acres of land, more or less, for a permanent water line easement, said tract located in the R.A. Johnson Survey, Abstract No. 0479, Collin County, Texas, and being over, under and across a called 2.8246 acre tract of land conveyed to Judy K. Logsdon by deed recorded in Instrument Number 20080721000883320 of the Deed Records of Collin County, Texas (D.R.C.C.T.), said 0.236 acres being more particularly described by the metes and bounds description set forth in Exhibit A to this Resolution, which I incorporate in full into my motion." ATTACHMENTS: Description Resolution Exhibit A Upload Date Type 3/6/2018 Resolution CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, FINDING THAT A PUBLIC NECESSITY EXISTS FOR ACQUISITION OF A PERMANENT WATER LINE EASEMENT ON AND UNDER 0.236 ACRES OF REAL PROPERTY, MORE OR LESS; AUTHORIZING THE CITY MANAGER, STAFF, CONTRACTORS, AND THE CITY'S ATTORNEYS TO ACQUIRE SAID EASEMENTS BY ANY LAWFUL MEANS, INCLUDING BUT NOT LIMITED TO NEGOTIATIONS, AND, IF NECESSARY, PROCEEDINGS IN EMINENT DOMAIN; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Anna plans to construct and/or install water lines and associated facilities to meet the public need to provide water system improvements to benefit the City of Anna, its citizens and the general health, safety and welfare; and WHEREAS, it is necessary to acquire a certain permanent water line easement not now held by the City of Anna for such water system improvements; and WHEREAS, it is necessary for the City to use its authority to pursue negotiations for the acquisition of said easements and/or to pursue the easements under power of eminent domain; and WHEREAS, the City Council of the City of Anna, Texas ("City Council"), after careful consideration, finds that a public necessity exists for acquisition of a permanent water line easement, providing limited rights on and under 0.236 acres of real property, more or less, which is more particularly described in Section 2 of this resolution, for the purposes of installation, maintenance, replacement, and/or repair of water lines, and benefiting the public health, safety and welfare; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Incorporation of Recitals; Purpose 1.01 The City Council finds that the above -stated recitals are true and correct and said recitals are incorporated herein as if set forth in full for all purposes. 1.02 This resolution is intended to comply in all respects with Texas Government Code § 2206.001, et seq., Texas Local Government Code § 251.001, et seq., and Texas Property Code § 21.001 et seq., to the extent the provisions of such statutes are applicable. CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 3 1.03 The City Council, by this resolution, intends, if necessary, to exercise the City's powers of eminent domain under Texas Local Government Code § 251.001 and any and all other applicable statutes. Section 2. Easements to be Acquired The necessary permanent water line easement sought to be acquired will provide limited rights on and under a portion of a tract, said portion totaling approximately 0.236 acres of real property (the "Water Line Easement"), held by Judy K. Logsdon and/or others. Said approximate 0.236 acres of real property is generally aligned and described as Parcel 35 in Exhibit A, attached to this resolution and incorporated herein by reference as if fully set forth for all purposes. The precise permanent easement to be acquired may differ from what is shown in said alignment and description but said alignment and description approximates the general route and general area of the permanent water line easement. Section 3. Finding of Public Necessity and Authorization to Take Action 3.01 The City Council finds a public necessity for the public welfare and convenience to acquire the Water Line Easement identified in Section 2, above, for the purpose of constructing, laying, maintaining, repairing and/or replacing water lines. The City Council authorizes the City Manager, City staff and/or City consultants or contractors, and, Wolfe, Tidwell & McCoy, LLP, attorneys, and other legal counsel if determined necessary by said attorneys, to acquire the needed Water Line by any lawful means including but not limited to negotiations with landowners and, if necessary, proceedings in eminent domain. 3.02 The City Council by this resolution directs the City Manager, his staff, and Wolfe, Tidwell & McCoy, LLP, attorneys and other legal counsel if determined necessary by said attorneys, —as necessary and in the appropriate sequence —to have the Water Line Easement appraised by a certified appraiser, to send the landowner(s) a copy of the appraisal and the landowner's bill of rights statement, to enter into good -faith negotiations with the landowner(s), to make a bona -fide offer and make any necessary initial and final monetary offers in an attempt to acquire the Water Line Easement consistent with the appraisal(s), when appropriate, and to convey the City's desire to acquire the Water Line Easement in an efficient manner, and, if necessary, to institute proceedings in eminent domain and take all necessary actions in such proceedings to condemn and acquire the Water Line Easement. The City Council hereby authorizes and ratifies any such actions taken thus far, and hereby further asserts its full authority, to the greatest extent provided by law, to acquire the Water Line Easement identified in Section 2, above. CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 2 OF 3 Section 4. Effective Date. This resolution shall take effect immediately upon its passage. PASSED AND APPROVED by the City Council of the City of Anna, Texas, this 13t" day of March, 2018. ATTESTED: APPROVED: City Secretary Carrie L. Smith Mayor Nate Pike CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 3 OF 3 Judy K. Logsdon 912212016 Parcel No. 35 City of Anna EXHIBIT "A" FIELD NOTE DESCRIPTION PERMANENT WATER LINE EASEMENT CITY OF ANNA, TEXAS Being a strip of land for a permanent Water Line Easement 20-foot width and being under, over and across a 2.144 acre remainder of a called 2.8246 acre tract of land located in the R,A, Johnson Survey, Abstract No. 0479, Collin County, Texas, Lot 22 of the Woodland Meadows Addition to Collin County, recorded in Cabinet C, Page 713 of the Plat Records of Collin County Texas (P.R.C.C.T.), conveyed to Judy K. Logsdon by deed recorded in Instrument Number 20080721000883320, of the Deed Records of Collin County Texas (D.R.C.C.T.), said strip of land being more particularly described as follows; BEGINING at a point for corner, said point being on the south corner of said 2.144 acre Lot 22 Woodland Meadows Addition, said point also being on the new east right-of-way line of U.S. Highway 75 (variable width R.O.W.), and on the north right-of-way line of County Road 916 (60-foot R.O.W.), said point bears S 61'48'17" E, a distance of 67.26 feet from a 5/8" iron rod found in the old east right-of-way line of said U.S. Highway 75; THENCE, N 07-37-14" E, departing said common property line and the north right-of-way of said County Road 916, along the said new east right-of-way line of said U.S. Highway 75 and the west line of said 2.144 acre Lot 22 Woodland Meadows Addition, a distance of 93.55 feet to a TxDOT monument found for corner; THENCE, N 1405T58" E, continuing along the new east right-of-way line of said U.S. Highway 75, a distance of 310.97 feet to a TxDOT monument found for corner; THENCE, N 34°59'32" E, continuing along the new east right-of-way line of said U.S. Highway 75, a distance of 154.56 feet to a point for corner, said point being on the north property corner of said 2.144 acre Lot 22 Woodland Meadows Addition, and on the south property corner of Lot 20 Woodland Meadows Addition, a 2.04 acre remainder of a called 2.217 acre tract of land, conveyed to Wendy Ferguson by deed recorded in Instrument Number 20150608000673560, of the D.R.C.C.T., said point is also along the west line of an easement conveyed to The State of Texas by deed recorded in Vol. 681, Pg. 378. of the D.R.C.C.T.; THENCE, S 02-07-32" W, departing said new east right-of-way line, along the north property line of said 2.144 acre Lot 22 Woodland Meadows Addition, and along the south property line of said 2.04 acre Lot 20 Woodland Meadows Addition, also along said State of Texas easement, a distance of 34.91 feet to a point for corner; THENCE, S 48°34'28" E, continuing along said north property line of said Lot 22, the south property line of said Lot 20, and said easement, a distance of 1.06 feet to a point for corner; THENCE, S 34°59'32" W, departing the north property line of said 2.144 acre Lot 22 Woodland Meadows Addition, and the south property line of said 2.04 acre Lot 20 Woodland Meadows Addition, also departing said State of Texas easement, being at all times a 20-foot perpendicular distance from and parallel with the west property line , and the east right-of-way line of said U.S. Highway 75, a distance of 121.59 feet to a point for corner; THENCE, S 14-57-58" W, being at all times a 20-foot perpendicular distance from and parallel with the west property line of said 2.144 acre Lot 22 Woodland Meadows Addition, and the new east right-of-way line of said U.S. Highway 75, a distance of 67.09 feet to a point for corner, said point being near the north side of an existing barn; H:\ProjWs\Ama\20l6ll4 US75 Utility Relocations\Easement Plats\Descriptions\20161 14 Parcel 35,doc Page I of 3 Judy K. Logsdon Parcel No. 35 912212016 City of Anna EXHIBIT "A" THENCE, N 74°39'03" W, along the north side of said barn, a distance of 9.64 feet to a point for corner, said point being on the northwest corner of said barn; THENCE, S 15°13'20" W, along the west side of said barn, a distance of 60.85 feet to a point for corner, said point being on the southwest corner of said barn; THENCE, S 74°47'46" E, along the south side of said barn, a distance of 9.91 feet to a point for corner; THENCE, S 14-57-58" W, departing said existing barn, being at all times a 20-foot perpendicular distance from and parallel with the west property line of said 2.144 acre Lot 22 Woodland Meadows Addition, and the new east right-of-way line of said U.S. Highway 75, a distance of 178.23 feet to a point for corner; THENCE, S 07°37'14" W, being at all times a 20-foot perpendicular distance from and parallel with the west property line of said 2.144 acre Lot 22 Woodland Meadows Addition, and the new east right-of-way line of said U.S. Highway 75a distance of 99.77 feet to a point for corner, said corner being on the south property line of said 2.144 acre Lot 22 Woodland Meadows Addition, and on the north right-of-way line of said County Road 916; THENCE, N 61-48'17" W, along the south property line of said 2.144 acre Lot 22 Woodland Meadows Addition, and along the north right-of-way line of said County Road 916, a distance of 21.36 feet to the POINT OF BEGINING, said permanent Water Line Easement containing 0.236 acres (10,257 square feet) of land, more or less. Notes: 1. Bearings and distances cited in this field note description are based on the Texas State Plane Coordinate System, NAD-83, Texas North Central Zone 4202. 2. Field survey concluded on 09/15/2016. 3. An Easement Plat of even date herewith accompanies this Field Note Description. Gary C. Hendricks, P.E., R.P.L.S. Texas Registration No. 5073 Birkhoff, Hendricks & Carter, L.L.P. TBPLS Firm No. 100318-00 11910 Greenville Ave., Suite 600 Dallas, Texas 75243 K MTrojects\Anna\2016114 US75 Utility Relocations\Easement Plats\Descdptions\20161 14 Parce135.doc Page 2 of 3 n N 7 INSERT A — N.T.S. LOT 20 WENDY FERGUSON (2.04 ACRE REMAINDER OF A CALLED 2.217 ARCRES) INST. NO. 20150608000673560 D.R.C.C.T. N34'59'32T� 154.56' TxDOT NEW TxDOT R.O.W. (CALLED 0.681 ACRES) INST. NO. 002-00977-2015 Q D.R.C.C.T. r CD 3/ O r = N14157'581E v� t y wrDr "aY� ►�ARIABLE XDOT R.O.W. TxDOT MON I 1 N7;i7'14T 93.55' t� 5/8" I.R.F. 0 80 PGNT OF BMINNIA G 1 INCH = 80 FEET N6148'17'1V_ NOTES: 21.36' 1. BEARINGS AND DISTANCES CITED IN THIS PLAT DESCRIPTION ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, NAD-83, TEXAS TxDOT 3" NORTH CENTRAL ZONE 4202. - + 2. FIELD SURVEYS CONCLUDED ON 09/15/2016. 0 3. AFIELD NOTE DESCRIPTION OF EVEN DATE HEREWITH ACCOMPANIES THIS EXHIBIT. "w 34.91' EXHIBIT "A" PAGE 3OF3 ESTATE OF TEXAS EASEMENT VOL. 681, PG. 378 D.R.C.C.T. S48"34 281E INSERT A \ 1.06' S3459'32'W LOT 19 124-5 JACOB D. & STEPHANIE E. GARDNER (CALLED 3.21 ARCRES) INST. NO. 20151207001527010 - - • - -- D.R.C.C.T. -"7r\a236 ACRES (1g257 S.F.) S14'5758V N74 J9-03'1V 67.09' / 9.64' / EXISITING JUDY K. S15'1320'1V LOGSDON BARN 60.85' RA JOHNS0I SURVEY ABSTRACT 0476 S744746"E 9.91' LAST 22 WOODLAND ADDITION S1457'58'1V CAB. C, PG. 713 178.23' P.R.C.0 T. j MY K. L.OGM (2.144 ACRE REEMNDER OF A i! / 2.8246 ARCRES) / INST. NO. 2WO07210 OSM20 D.R.C.C.T. S737'14V 99 77' GARY CLINTON HENDRICKS 5073 PARCEL NO. 35 CITY OF ANNA, TEXAS SLOT 35 Coop RYACREANDA NICH S A JUDY K. LOGSDON (1.23 C� CALLED 1.6284 ARCRES) PERMANENT WATER LINE EASEMENT 976 VOL. 1092, PG. 156 BIRKHOFF HENDRICKS & CARTER L.L.P. D.R.C.C.T. ' PROFESSIONAL ENGINEERS Septembe TBPE Firm No. 526; TBPLS Firm No. 10031800 2016 ! 11910 Greenville Ave., Suite 600 Dallas, Texas 75243 (214) 361-7900 THE CITY OF AiAtia AGENDA ITEM: Item No. 12. City Council Agenda Staff Report Meeting Date: 3/13/2018 Consider/Discuss/Action regarding a resolution approving a Subdivision Improvement Agreement for Park Place at Anna Ph. 1. (Maurice Schwanke) SUMMARY: Park Place at Anna is a residential development located on the west side of an extension of Ferguson Parkway, and south of Taylor Blvd. As part of the development, in lieu of constructing, reconstructing, or making other improvements to Taylor Blvd. that would otherwise be required by City Regulations in connection with Development of the Property, Owner is making a payment to the City in an amount equal to $336,500 (the "Roadway Facilities Payment"). The payment will be made within thirty (30) days of the City's approval of the first phase final plat. These funds and funds potentially contributed by Collin County could assist in providing improved access to this development and other developments. The City agrees that the Roadway Facilities Payment will only be used to construct, reconstruct, expand, modify, and maintain the roadway known as Taylor Blvd. located between US 75 and Ferguson Parkway. STAFF RECOMMENDATION: Approval of a resolution approving a subdivision improvement agreement authorizing the City Manger to execute all documents. ATTACHMENTS: Description Resolution Approving an S I A For Park Place Subdivision Improvement Agreement Exhibit The Property Exhibit B Taylor Blvd. Upload Date Type 3/9/2018 Resolution 3/9/2018 Exhibit 3/9/2018 Exhibit 3/9/2018 Exhibit CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A SUBDIVISION IMPROVEMENT AGREEMENT WITH ANNA LAND DEVELOPMENT, A TEXAS GENERAL PARTNERSHIP. WHEREAS, Anna Land Development, A Texas general partnership (The Owners) owns and desires to develop a parcel of property composed of approximately 55.008 acres of land located entirely within the corporate limits of the City of Anna, Texas (the City); and, WHEREAS, the Owner has agreed to escrow roadway facilities funds in connection with development of the property; and, WHEREAS the Owner has requested roadway impact fee credits for the escrowing of funds for roadway facilities; 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 Subdivision Improvement Agreement The City Council hereby approves the Subdivision Improvement Agreement for Anna Land Development, attached hereto as Exhibit 1, 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, act under, and enforce the Agreement. to PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 13 day of March 2018. ATTEST: APPROVED: Carrie L. Smith, City Secretary Mayor, Nate Pike SUBDIVISION IMPROVEMENT AGREEMENT FOR ANNA 55 This Subdivision Improvement Agreement (this "Agreement") is entered into between the City of Anna, Texas (the "City") and Anna Land Development, A Texas general partnership, ("Owner"). WHEREAS, Owner and the City are sometimes collectively referenced in this Agreement as the "Parties," or, each individually, as "Party"; and WHEREAS, it is the Parties' mutual intent that this Agreement shall govern only the subject matter specifically set forth herein and that this Agreement, shall supersede any previous agreement between the Parties and City Regulations only to the extent that any such agreements or City Regulations directly conflict with the terms of this Agreement; and WHEREAS, Owner owns and desires to develop a parcel or parcels of real property (the "Property") in Collin County, Texas, which is composed of approximately 55.008 acres of land located entirely within the corporate limits of the City of Anna and is more particularly and separately or jointly described in the attached Exhibit A; and WHEREAS, Owner acknowledges that the obligations undertaken under this Agreement are primarily for the benefit of the Property; and WHEREAS, Owner understands and acknowledges that acceptance of this Agreement is not an exaction or a concession demanded by the City but rather is an undertaking of Owner's voluntary design to ensure consistency, quality, and adequate infrastructure that will benefit Owner's development of the Property; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties agree as follows: 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 Agreement and said recitals constitute representations by Owner and the City. SECTION 2 DEFINITIONS City Code means the Anna City Code of Ordinances. City Manager means the current or acting City Manager of the City of Anna or a person designated to act on behalf of the City Manager with respect to this Agreement if the designation is in writing and signed by the current or acting City Manager. City Regulations mean City Code provisions, ordinances, design standards, uniform codes, and other policies duly adopted by the City. SUBDIVISION IMPROVEMENT AGREEMENT FOR ANNA 55 — Page 1 Development means the new development on the Property that is the subject of this Agreement. SECTION 3 GENERAL PROVISIONS. (a) Public Improvements, Generally. Except as otherwise expressly provided for in this Agreement, Owner shall provide all public improvements, including streets, water, sewer, drainage, sidewalks, trails, street lighting, street signage, and all other public improvements required by City Regulations to serve the Property, at no cost to the City except as provided herein, in accordance with City Regulations, and as approved by the City's engineer or his or her agent. Owner shall cause the installation of such improvements within all applicable time frames in accordance with the City Regulations unless otherwise approved herein. Owner shall provide engineering studies, plan/profile sheets, and other construction documents at the time of platting as required by City Regulations. Such plans shall be approved by the City's engineer or his or her agent prior to filing of a Final Plat. Construction of such improvements shall not be initiated until a pre -construction conference has been held regarding the proposed construction and City has issued a written notice to proceed. (b) Owner's Remedy. Owner's sole remedy for nonperformance of this Agreement by the City shall be to seek specific performance pursuant to the terms of this Agreement. (c) Approval of Plats/Plans. Approval by the City, the City's engineer or other City employee or representative, of any plans, designs or specifications submitted by Owner pursuant to this Agreement or pursuant to City Regulations shall not constitute or be deemed to be a release of the responsibility and liability of Owner, its engineer, employees, officers or agents for the accuracy and competency of their design and specifications. Further, any such approvals shall not be deemed to be an assumption of such responsibility and liability by the City for any defect in the design and specifications prepared by any firm or person that provides engineering services to Owner, it being the intent of the parties that approval by the City's engineer signifies the City's approval on only the general design concept of the improvements to be constructed. (d) Indemnification and Hold Harmless. OWNER COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING, WITHOUT LIMITATION, DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS FEES AND RELATED EXPENSES, EXPERT WITNESS FEES AND RELATED EXPENSES AND OTHER CONSULTANT FEES AND RELATED EXPENSES) ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE NEGLIGENT OR OTHERWISE WRONGFUL ACTS OR OMISSIONS OF SUBDIVISION IMPROVEMENT AGREEMENT FOR ANNA 55 — Page 2 OWNER, ITS AGENTS, SERVANTS, CONTRACTORS, SUBCONTRACTORS, MATERIALMEN OR EMPLOYEES IN CONNECTION WITH THE DESIGN, CONSTRUCTION OR INSTALLATION OF ANY PUBLIC IMPROVEMENTS, INCLUDING BUT NOT LIMITED TO INJURY OR DAMAGE TO CITY PROPERTY. SUCH INDEMNITY SHALL SURVIVE THE TERM OF THIS AGREEMENT. OWNER FURTHER COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS, AND DEFEND THE CITY AGAINST ANY AND ALL CLAIMS OR SUITS, BY ANY PERSON CLAIMING AN OWNERSHIP INTEREST IN THE PROPERTY WHO HAS NOT SIGNED THIS AGREEMENT AND WHICH CLAIMS: (1) ARISE IN ANY WAY FROM THE CITY'S RELIANCE UPON OWNER'S REPRESENTATIONS IN THIS AGREEMENT; (2) RELATE IN ANY MANNER OR ARISE IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH OWNERSHIP OF THE PROPERTY; OR (3) ARISE IN ANY WAY FROM THE CITY'S APPROVAL OF ANY TYPE OF DEVELOPMENT APPLICATION OR SUBMISSION WITH RESPECT TO THE PROPERTY. NOTWITHSTANDING THIS PROVISION OR ANY OTHER PROVISION OF THIS AGREEMENT, OWNER SHALL NOT BE OBLIGATED TO INDEMNIFY, DEFEND, OR HOLD THE CITY HARMLESS FOR THE CITY'S OWN NEGLIGENCE, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. SECTION 4 ROADWAY FACILITIES (a) Owner Obligations. (1) Owner is responsible for funding and construction of all public improvements required by City Regulations to serve the Property. (2) In lieu of constructing, reconstructing, or making other improvements to Taylor Blvd. that would otherwise be required by City Regulations in connection with Development of the Property, Owner shall make a payment to the City in an amount equal to $336,500 (the "Roadway Facilities Payment"). Said payment shall be made within thirty (30) days of the City's approval of the first phase final plat of the planned Development, or within one (1) year of the Effective Date, whichever occurs first. (b) City Obligations (1) City agrees that the Roadway Facilities Payment may only be used to construct, reconstruct, expand, modify, and maintain the roadway known as Taylor Blvd. located between US 75 and Ferguson Parkway further described and depicted in Exhibit B. (2) City agrees that any portion of the Roadway Facilities Payment not expended by September 30 in the tenth year following the Effective Date, shall be refunded to the Owner. SUBDIVISION IMPROVEMENT AGREEMENT FOR ANNA 55 — Page 3 (3) City agrees that the Roadway Facilities Payment shall be applied as a credit against roadway impact fees otherwise due to the City from the Development of the Property. The roadway impact fee credit for the Roadway Facilities Payment shall be redeemed at the time of issuance of building permits, and such redemption shall apply to the full amount of the roadway impact fees that would otherwise be collected until the roadway impact fee credit authorized by this Agreement has been exhausted. (4) Notwithstanding Section 4(b)(3) above, the roadway impact fee credit for the Roadway Facilities Payment shall not exceed the total amount of roadway impact fees due from Development of the Property. (5) Notwithstanding Section 4(b)(3) above, the roadway impact fee credit authorized by this Agreement shall expire on September 30 in the tenth year following the Effective Date. (6) The City shall have the right to collect roadway impact fees due from the Development of the Property after the credit authorized by this Agreement has been exhausted or after the credit expires, whichever occurs first. SECTION 5 EFFECTIVE DATE The Effective Date of this Agreement is the date that the last of the Parties' signatures to this Agreement is fully and properly affixed to this Agreement and acknowledged by a public notary. The City's duties and obligations hereunder shall not arise unless and until the City Council has duly adopted this Agreement and Owner has duly executed same. SECTION 6 TERMINATION This Agreement and all obligations of the Parties hereto, shall terminate upon full performance of the terms of this Agreement. SECTION 7 SUCCESSORS AND ASSIGNS (a) All obligations and covenants of Owner under this Agreement shall constitute covenants running with the land, and shall bind Owner and each successive owner of all of any portion of the Property; provided, however, the terms of this Agreement shall (i) not be binding on the owner of any residence that is purchased by such owner from a homebuilder, and (ii) be subordinate to the lien of (and shall not be binding on) any mortgagee who finances or refinances residences constructed on the Property. (b) Without limiting the generality of the foregoing and except as otherwise provided in this paragraph, Owner has the right (from time to time upon delivery of 14 days' prior written notice to the City) to assign this Agreement, in whole or in part, and including any obligation, right, title, or interest of Owner under this Agreement, to any person or entity (an "Assignee") that is or will become an owner of any portion SUBDIVISION IMPROVEMENT AGREEMENT FOR ANNA 55 — Page 4 of the Property or that is an entity that is controlled by or under common control with Owner. Further, no assignment by Owner shall release Owner from any liability that resulted from an act or omission by Owner that occurred prior to the effective date of the assignment unless the City approves the release in writing. Notwithstanding the foregoing, Owner shall not assign this Agreement, in whole or in part, to an Assignee if the City, after action by the City Council (which action shall be considered by the City in good faith based upon financial and performance criteria, and which action shall not be unreasonably withheld, conditioned or delayed), notifies Owner within 14 days of receipt of the written notice required by this Section 7(b) that such Assignee fails to satisfy the City's financial and performance criteria. If the City provides such notice to Owner then the Parties, within 14 days of such notice, shall mediate the dispute. The mediator shall be mutually agreed -upon; and the cost of such mediator shall be paid equally by the Parties. The mediator's determination shall be binding on the Parties. If a Party refuses to mediate, then the decision of the Party willing to mediate shall be binding. (c) Each assignment shall be in writing executed by Owner and the Assignee and shall obligate the Assignee to be bound by this Agreement to the extent this Agreement applies or relates to the obligations, rights, title, or interests being assigned. From and after such assignment, the City agrees to look solely to the Assignee for the performance of all obligations assigned to the Assignee and agrees that Owner shall be released from subsequently performing the assigned obligations and from any liability that results from the Assignee's failure to perform the assigned obligations; provided, however, Owner shall not be released until the City receives an executed copy of such assignment. Further, no assignment by Owner shall release Owner from any liability that resulted from an act or omission by Owner that occurred prior to the effective date of the assignment unless the City approves the release in writing. Owner shall maintain written records of all assignments made by Owner to Assignees, including a copy of each executed assignment and the Assignee's Notice information as required by this Agreement, and, upon written request from any Party or Assignee, shall provide a copy of such records to the requesting person or entity. SECTION 8 MISCELLANEOUS PROVISIONS (a) Authority to execute contract. The undersigned officers and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolutions or other act extending such authority have been duly passed and are now in full force and effect. (b) Notice. All notices, demands or other communications required or provided hereunder shall be in writing and shall be deemed to have been given on the earlier to occur of actual receipt or three (3) days after the same are given by hand delivery or deposited in the United States mail, certified or registered, postage prepaid, return receipt requested, addressed to the parties at the addresses set forth below SUBDIVISION IMPROVEMENT AGREEMENT FOR ANNA 55 — Page 5 or at such other addresses as such parties may designate by written notice to the other parties in accordance with this notice provision. If to the City: City of Anna Attn: City Manager P.O. Box 776 111 N. Powell Parkway Anna, TX 75409 If to Owner: Anna Land Development. GP c/o John P. Brennan 17330 Preston Road, Suite 200-D Dallas, TX 75252 (c) Complete Agreement. This Agreement embodies the entire Agreement between the Parties and cannot be varied or terminated except as set forth in this Agreement, or by written agreement of the City and Owner expressly amending the terms of this Agreement. (d) Applicable Law and Venue. This Agreement shall be performable and all compensation payable in Collin County, Texas. Venue and exclusive jurisdiction under this Agreement lies in a court of competent jurisdiction in Collin County, Texas. (e) Severability. If any clause, paragraph, section or portion of this Agreement shall be found to be illegal, unlawful, unconstitutional or void for any reason, the balance of the Agreement shall remain in full force and effect and the unlawful provision shall be replaced with a provision as similar in terms and effect to such unlawful provision as may be valid, legal and enforceable. (f) Representation. Each signatory representing this Agreement has been read by the party for which this Agreement is executed and that such Party has had an opportunity to confer with its counsel. (g) Consideration. This Agreement is executed by the Parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is hereby acknowledged. (h) Waiver. Waiver by either Party or any breach of this Agreement, or the failure of either Party to enforce any of the provisions of this Agreement, at any time, shall not in any way affect, limit or waive such Party's right thereafter to enforce and compel strict compliance of this Agreement. (i) Miscellaneous Drafting Provisions. This Agreement was drafted equally by the Parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any Party shall not apply. Headings in SUBDIVISION IMPROVEMENT AGREEMENT FOR ANNA 55 — Page 6 this Agreement are for the convenience of the Parties and are not intended to be used in construing this document. (j) No Other Beneficiaries. This Agreement is for the sole and exclusive benefit of the City and Owner and is not intended to and shall not confer any rights or benefits on any third party not a signatory hereto. (k) Binding Effect. This Agreement shall bind and inure to the benefit of the City and Owner and to any successor owner/developer of the Property, may be recorded in the Collin County property records, and runs with the land. (1) Counterparts. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. [SIGNATURES PAGES FOLLOW, REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] SUBDIVISION IMPROVEMENT AGREEMENT FOR ANNA 55 — Page 7 OWNER ANNA LAND DEVELOPMENT, A Texas general partnership IN WITNESS WHEREOF: STATE OF TEXAS § COUNTY OF § Before me, the undersigned notary public, on the day of , 2018, personally appeared , known to me (or proved to me) to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same in his or her capacity as of Anna Land Development, a Texas general partnership on behalf of said general partnership. Notary Public, State of Texas SUBDIVISION IMPROVEMENT AGREEMENT FOR ANNA 55 — Page 8 CITY OF ANNA Bill Shipp, Interim City Manager IN WITNESS WHEREOF: STATE OF TEXAS § COUNTY OF § Before me, the undersigned notary public, on the day of , 2018, personally appeared Bill Shipp, 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 SUBDIVISION IMPROVEMENT AGREEMENT FOR ANNA 55 — Page 9 ATTACHMENTS Exhibit A — The Property (legal description and drawing) Exhibit B — Taylor Blvd. SUBDIVISION IMPROVEMENT AGREEMENT FOR ANNA 55 — Page 10 A eF e�fry AB A0479 ROBERT A JOHESNSON URVEY p�>rp e oAF� oT� �� TRACT 3, 2.78 ACR ZONING: PD 50-2003 C,q</fh, T1',� RRF r., NADINE & WILLIAM SMI H OAK HOLLOW oAF� ypg0, 9'2/• ,•`•• BYPASS FAMILY TRU T ESTATES #5 A GFe�� :p.2SROM 8 / ;' �: �•• PROPERTY ID: 100 56 ABS A0868 JOS SLATER SURVEY h%FRT eOA R y TRACT 15.836 ACRES C T86262���s 3} i'• ! NADINE &W1 AM SMITH �J ARoo ��oy � <o 2SsRo �/ ; •'`••�. BYPASS FAMILY TRUST q FRTygNiy �� 2g26 i Al PROPERTY ID. 1013218 Qi V Q' o ,oTyOti <k /� 2 6 STF 3/ i. ;!• 3 .`�'`. �,�p`��Qr '��� RO'OF� yRgoT 2g2s1'IigRT / ;' CONNECT TO 4 ''•. ti Q��'� CO MF AR eRy ��p. s 2ORFN 3} ;i EX 12" WATER 5 '`• �.,�•. q��ti Q��� ��O �� � OAFRT� T�o rs 62� O ; ;! • `\ 6 .`••.. �oOcD O��O �Q,` �Q-o RNj 'q �� OTC /p.2 6'1 S / 1 ` \ 7 Q,� ,�Q �� OQ 0 `O �� B� /� 2S ✓, s 23 ;� ,C, '` ; V . _�. '`•\ g 3 ` Q co`b G ��� v o� OA Re �Cb O 22 FR 3 O /4� , . / o ' QZ; Q 40. 74 R FY h� 2s F ,CID pAFR4� ��� T2 6262, V ; • \ ` �. 1 , \� \ / 10 •.�• Q o�co� B 7p.�ON }� ! j• , •. Q 2 ``•.ON n,, •. 11 '. Q',`�� O 5626✓,4 /� ;' , ? �� C'!!/O 12 '`•• QO� ' V '.• /13•., ••� �, 5 14 / ;� i 2 � 26 ��, �, 6 15 i•25 24 7 16 • tj}� /� i• >- u,Z 0- ! �• Q a �` CONNECT TO EX LIFT STATION ' ' = 22 10 19 ! LIFT STATION TO BE ABANDONED 21 SEE NOTE THIS SHEET 520 EXF R 6 �` 20 _ _O -CEMAIN O �.,` •: 19 2 12 �\ �•.� _ —7 13 3 w _ - _ 18 EX 12„ W ��_ Wx�W�w�W \ 8 ` '�. ` 14 17 <v y, . ` 15 10 16 APPROXIMATE -t TWIN CREEKS 12 •. STREAM CENTERLINE LOT 40A, 2.2 ACRES '•• �� �'♦ �-- LAMA - _ - , ;► ► MARIETTA ANN SCHELL •••. \' `�''� _ _ .- _ - --- 1 '► PROPERTY ID: 1719947 '�.,. OPEN SPACE �\ \ 13 ;► _ •- _ _ - - - - 1 ; i BLK 1, LOT 13X \W\ , ` , r- --- 4 6 •. \ \\ �I 1 , 3 4 �\ ,I 2 ..`••'• 25EX UTILIT OUNQ TWIN CREEKS ' LOT 40B, 2.185 ACRES '••�. EASEMENT�� MARIETTA A GONZALEZ ' EX_----- AI---___---___- wx PROPERTY ID: 1887658 w TWIN CREEKS •�, - W EX 12" W LOT 41A, 2.0 ACRES '`• GEORGE & KATHERINE �� ���0 0�., '♦°°' ♦' ♦ BILK 4, L, HARTLINE �<v . - "Pi '•,.` ♦,` ''.,.` ABS A0868 JOS SLATER SURVEY TRACT 19, 8.0 ACRES ; RITTER TRUST Q� PROPERTY ID: 1013192 `' ABS A0868 JOS SLATER SURVEY TRACT 42, 3.52 ACRES STEVEN SR. & COLLEEN DEPRIEST , PROPERTY ID: 2571746 ; ' O 0 f ' ' � 4Z- << VICINITY MAP OQ O��^h ABS A0868 JOS SLATER SURVEY % N.T.S. NORTH v,w �- TRACT 38, 2.457 ACRES c�J THE REKIETA FAMILY TRUST'TC �. �� �4Q- 4Z 0 Q) PROPERTY ID: 13298 �•%` O N' O �' , 1 1 CITY LIMIT o- Q-�� Q C? �O - 4Z n. w O .•• CQ",` �O _,1, ` 2241 Q' % j �. '� ��•.• END AND PLUG • ' , •• 8" WATERLINE ABS A0868 JOS SLATER SURVEY N •� •,' TRACT 29, 3.724 ACRt,S ' '••• STEVEN W. & SUSAN K. BRI, MMET *41 23 PROPERTY ID: 156814� 24 `• 25 26 � ss 41 Fk �.• THIS PLAT FILED IN CABINET , SLIDE , P.R.C.C.T. BL BUILDING LINE DE DRAINAGE EASEMENT ESMT EASEMENT SSE SANITARY SEWER EASEMENT UE UTILITY EASEMENT TYP TYPICAL © BLOCK DESIGNATION PROPOSED SANITARY SEWER LINE FLOW DIRECTION I ss EXISTING SANITARY SEWER LINE - EXISTING FORCEMAIN PROPOSED SANITARY SEWER MANHOLE Os EXISTING SANITARY SEWER MANHOLE PROPOSED WATER LINE - EXISTING WATER LINE Z PROPOSED GATE VALVE t PROPOSED FIRE HYDRANT 25' EX UTILITY �% \ '`• EASE ENT 38 �� ♦, \ 37 S�0 MUNEEF JALLAD 4 ',i• �i• ' EXHIBIT A `•.� •� i Q� 2 36 . Q PROPERTY ID: 1889601 5 �� v NGMONT DRIV __ _ SITUATED in Collin County, Texas, in the Robert A. Johnson Survey, Abstract No. 479, and the Ezra helby Survey, '.,. .'` \ 9 /'j �• ,' - ---�� - - - - - - - - - - _ _ - - & UT LI m . 3 _ AGE Abstract No. 839, being a resurvey of the 40.000 acres of land and the 15.00 acres of land as described CITY LIMIT 6 J• 25!bRA�N in a deed from Donald M. White to D&KW FAMILY, L.P. dated Jan. 12, 1996, recorded in Document No. 96-0005911 '•.,.`• 7 '�. ` ';�• Q;�,' �•. ' ' EASEMEN •,, , 4 of the Collin County Land Records, being described by metes and bounds as follows: •,• •!, 21 6 5 6 7 8 g BEGINNING at a'/z inch iron pin found at the northeast corner of said 15.00 acre tract, in the center of County Road No. 367, TWIN CREEKS '�. 20 t}.� \ at the northwest corner of the William L. & Nadine Living Trust 2.78 acres, Ref. Doc. No. 92-0083911 and in the south line of the '�., 9 `• �••� 10 I i U.ONNECT TO \ O � LOT 42B & 43A, 4.0 ACRES I ! 1% SW Chee LP 28.05 acres, Ref. V. 4878, P. 1146; �, STANLEY R. BUSH ''`.,�• 5 10 . �/I/O , \ 19 i X 12 ; j Q� Thence southerly with the east line of said 15.00 acre tract, the east line of said 40.000 acre tract the west line of said 2.78 acre tract PROPERTY ID: 2533754 �. ` ./C ••�:18 ! I34 \ N the west line of the William L. & Nadine LivingTrust 5.869 acres, Ref. Doc. No. 92-0083911, the west line of the Gene McClure 3.00 acres, '..`•. 11 �;� \N. •.� j 1 17 16 15 14 13 i• Ref. V. 2353, P. 69, the west line of the Jack Weatherford 2.05 acres, Ref. V. 4390, P. 788, the west line of the Charles Latimer 1.898 acres, �. 12 ;.!9�/ �,; 12 Ref. V. 4970, P. 1572, the west line of the Daryl R. Garrett 2.41 acres, Ref. Doc. No. 96-0080308, the west line of the Jeff J. Redin 2.014 acres, •.�•• 33 Ref. Doc. No. 94 0001459, the west line of the Betty L. Hopkins 3.712 acres, Ref. V. 171, P. 627 and the west line of the Paula Powel 15 acres, Ref. V. 4182, P. 2894 and with an established fence and with the evidence of an old fence as follows: �.,� 13 - - _ _-__ --_ -_ _ -_ - _ _ i r \ ► ' ' \ \ ' ABS A0868 JOS SLATER SURVEY `+ ��\ . .� ACE'S ♦ ,w \ �i 4X 48 \' . TRACT 16, 15.0 ACRES 47 �,; � \� \\' '`• �� ss PAULA J. POWELL PROPERTY ID. 1006770 Q- o Q-'� ..1 ,,,•, �� •�''•. V '�• � � � ti '�., �• '` ` 46 i .`. � SSPROPERTY ID: 1013165 4Q- Co 12 44 A�Al � TWIN CREEKS 3 LOT 42A 2.0 ACRES '' 8 1 O 43 42 41 40 39 TWIN CREEKS - South 0 degrees 39 minutes 53 seconds East 77.09 feet; LOT 43B, 2.0 ACRES `• �• 14 R4g0' ••�' �' .* \ South 0 degrees 12 minutes East, 538.12 feet; •�' _.._.. _ �' ! ��', \ , - - - - ! CHRISTINA B. KEEL - - N South 0 degrees 09 minutes East, 506.08 feet; '�• `• 15 - - - - - _ — - - - - - - - - - - - - — - '` / 32 South 0 degrees 40 minutes East, 470.96 feet; PROPERTY ID: 1941821 '••,�, ' I �/i! N South 0 degrees 24 minutes East, 398.3 feet to a 1/2inch iron pin set; .�. 16 CONNECT TO 17 � �•� �;� N South 0 degrees 45 minutes West, 193.18 feet; •�. 18 22 ; , EX MANHOLE I South 0 degrees 16 minutes West, 201.65 feet to an iron pipe found; �.,`. 19 20 21 TWIN CREEKS O South 0 de rees 06 minutes East, 229.47 feet, crossing Slater Creek to two iron ins found beside each other at a corner ost on the g g p p LOT 044A, 4.0 ACRES '�. ' ! �•/ 1 30 JOSEPH P. MATHENEY 23 top of the south Bank of Slater Creek, at the southeast corner of said 40.000 acre tract, in the west line of said Powel 15 acres and in •�' •, ' the north line of the Burl William Luscombe 96.20 acres, Ref. V. 2661, P. 402; PROPERTY ID: HENS 1 '`• /'i• ' 1 '�. / : •' 1 Thence westerly with the south line of said 40.000 acre tract, the north line of said 96.20 acre tract, with the evidence of `••� ' ! ' ' 29 an old fence and with the top of the south Bank of said Slater Creek as follows: 24 : • O,',' ; / South 40 degrees 00 minutes 10 seconds West, 255.99 feet; .�'�. ' �� Q�' ,4# South 51 degrees 47 minutes 04 seconds West, 93.36 feet; South 61 degrees 23 minutes 09 seconds West, 87.7 feet; South 73 degrees 39 minutes 22 seconds West, 79.21 feet; South 59 degrees 07 minutes 50 seconds West, 110.66 feet; South 81 degrees 56 minutes 08 seconds West, 59.59 feet; North 77 degrees 32 minutes West, 80.9 feet; North 63 degrees 03 minutes West, 57.27 feet; North 75 degrees 14 minutes 35 seconds West, 115.6 feet; North 78 degrees 42 minutes 18 seconds West, 42.0 feet to a '/2 inch iron pin found beside a corner post at the southwest corner of said 40.000 acre tract, in the north line of said 96.20 acre tract and at the southeast corner of Twin Creeks Subdivision, unrecorded; Thence North 0 degrees 09 minutes 04 seconds West, with the west line of said 40.000 acre tract, the east line of said Twin Creeks and with a fence, passing a pipe found at 149.28 feet and continuing in all 2914.58 feet to a'/z inch iron pin set at the northwest corner of said 40.000 acre tract, the northeast corner of said Twin Creeks and in the south line of the SW CHEE LP 67.965 acres, Ref. V. 4878, P. 1146 and in said County Road No. 367; Thence North 89 degrees 50 minutes 06 seconds East, 826.3 feet with the north line of said 40.000 acre tract, the north line of said 15.00 acre tract the south line of said 67.965 acre tract the south line of said 28.05 acre tract and with said NOTES: 1. FLOODPLAIN SHOWN FOR ANNA 55 IS TAKEN FROM COLLIN COUNTY FIRM PANEL NO. 48085C0155J, EFFECTIVE 06/02//09 2. THIS DOCUMENT WAS PREPARED UNDER 22 TAC 663.21, DOES NOT REFLECT THE RESULTS OF AN ON THE GROUND SURVEY, AND IS NOT TO BE USED TO CONVEY OR ESTABLISH INTERESTS IN REAL PROPERTY EXCEPT THOSE RIGHTS AND INTERESTS IMPLIED OR ESTABLISHED BY THE CREATION OR RECONFIGURATION OF THE BOUNDARY OF THE POLITICAL SUBDIVISION FOR WHICH IT WAS PREPARED. 3. A 6' MINIMUM ORNAMENTAL FENCE WITH LIVING SCREEN IS REQUIRED ON CR 357 WITHIN A 10' HOA LOT. THIS WILL BE MAINTAINED BY THE HOA 4. EXISTING ZONING ON PROPERTY IS PD 151-2004. 5. ALL WATER AND SEWER LINES ARE 8" UNLESS County Road to the PLACE OF BEGINNING and containing 55.008 acres of land. OTHERWISE NOTED. / 25 ' ! ' t .' 28,v �k � TWIN CREEKS27 LOT 45, 4.84 ACRES ARTHUR R. & BONNIE PHILLIPS, ETUX END AND PLUG �► ; ' ��."''--• • , \\\\ ''�' PROPERTY ID: 1845837 g" WATERLINE ; ''�•�: 26 1 OPEN SPACE BLK 5, LOT 48X OWNERS MML PARTNERS, LP ATTN: IMING CHEE 5324 TATE AVENUE PLANO, TX 75093 DEVELOPER ANNA 55 JOINT VENTURE ATTN: DON COLLINS 2705 CLUB LAKE TRAIL MCKINNEY, TX 75070 PHONE: 214-802-8264 PLANNER / ENGINEER . P E LOTO N II I L A N D S O L U T I O N S 10875 JOHN W. ELLIOTT DRIVE SUITE 400 FRISCO, TX 75033 PHONE: 469-213-1800 II TEXAS FIRM NO. 12207 II PRELIMINARY - FOR REVIEW ONLY These documents are for Design Review and not Intended for Construction, Bidding or Permit Purposes. They were prepared by, or under supervision of: NATHAN V. THOMPSON 95918 JUNE 29, 2016 Type or Print Name PE # Date PROJECT NO. AJV12002 FILE PATH G:JOB\AJV12002\ENT REVIEWED BY NVT DATE JUNE 2016 NORTH 0 100, 200' 300' GRAPHIC SCALE PRELIMINARY WATER & SEWER FOR ANNA 55 ACRE TRACT CONTAINING LOTS ANNA, COLLIN COUNTY, TX CURRENT ZONING: 'PD 151-2004' 150 RESIDENTIAL LOTS 6 OPEN SPACES BEING A ±55.008 ACRE TRACT OF LAND SITUATED IN THE FOLLOWING COLLIN COUNTY, TX SURVEYS: R.A. JOHNSON SURVEY, ABSTRACT NUMBER 479 EZRA SHELBY SURVEY, ABSTRACT NUMBER 839 SHEET NO. 20F 3 THE CITY OF Minna AGENDA ITEM: Item No. 13. City Council Agenda Staff Report Meeting Date: 3/13/2018 Consider/Discuss/Action on a Resolution instituting Annexation proceedings and setting the dates, times and places for public hearings for the annexation of a 10.144 acre tract of land located in the Grandison Stark Survey, Abstract No. 798. (Maurice Schwanke) SUMMARY: This proposed annexation involves approximately 10.144 acres of land within the Grandison Stark, Abstract No. 798. The area fronts on E. Foster Crossing Road and is east of State Highway Number 5. and is owned by the Skorburg Company. The Skorburg Company has petitioned the City requesting the annexation (voluntary). The resolution (if approved) would initiate or begin annexation proceedings of the area shown on the attached Exhibit A. If the resolution is adopted, the City will schedule two public hearings that will be held during the regular City Council Meetings on April 10th and May 8th. A final vote on the annexation would be scheduled on May 8th during the public hearing. Prior to the adoption of the annexation ordinance the City will need to enter into an agreement on services to the area. STAFF RECOMMENDATION: Approve the resolution setting the dates for public hearings on the requested annexation petition. ATTACHMENTS: Description Upload Date Type Location Map 3/8/2018 Exhibit Resolution setting dates for annexation 3/8/2018 Resolution Exhibit A Legal Description 3/8/2018 Exhibit E 42 ROAD 422 CITY OF ANNA RESOLUTION NO. (City Annexation of Property generally located east of Hwy 5 and north of Foster Crossing Blvd. containing 10.144 acres more or less) A RESOLUTION ESTABLISHING THE DATES, TIMES, AND PLACES FOR PUBLIC HEARINGS FOR THE ANNEXATION OF PROPERTY. WHEREAS, in or to better protect the health, safety, and welfare of the citizens of Anna, the City Council of the City of Anna wishes to consider annexation of certain property described in Exhibit A; and WHEREAS, said territory lies adjacent or Contiguous to the present boundaries of the City of Anna, Texas; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA THAT Section 1. The City Council of the City of Anna hereby proposes to annex the property Shown in Exhibit A. Section 2. Public hearings regarding the proposed annexation are hereby scheduled as follows: 1st Public Hearing — April 10th 2018 at 7:30 p.m. at the Community Room, Anna City Hall Administration Building, 111 N. Powell Pkwy, Anna, TX 2nd Public Hearing — May 8t", 2018 at 7:30 p.m. at the Community Room, Anna City Hall Administration Building, 111 N. Powell Pkwy, Anna, TX PASSED by the following vote of all members of the City Council as present on this the 13t" day of March, 2018. AYES ATTEST: NAYS City Secretary, Carrie L. Smith ABSTENTIONS APPROVED: Mayor, Nate Pike EXHIBIT A SITUATED in the Stale of Texas and County of Collin, being part of the Grandison Stark Survey, Abstract No. 798, and being the re —survey of a called 10.150 acre tract of land as recorded under Document No. 20141203001315490 of the Collin County Land Records with sold premises being more particularly described as follows: BEGINNING at a IA —inch iron rod found marking the northeast corner of said 10.150 acre tract, the northeast corner of said premises, the northwest corner of a called 7.00 acre tract as recorded under County Clerk file Na. 93-0007842 of the Collin County Land Records, and being in the south line of ❑ called 40.5756 acre tract as recorded in Volume 5518, Page 2873 of the Collin County Land Records; THENCE with the east lime of said 10,150 acre tract, the east line of said premises, partway with the west line of said 7,00 acre tract, and partway with the west line of a called 2.95 acre tract as recorded under County Clerk File No. 93-0008676 of the Collin County Land Records, South 00'57' 14" West, 1,313.81 feet to a PK nail set in the approximate center of E Foster Crossing Road (County Road 421) marking the southeast corner of said 10.150 acre tract, the southeast corner of said premises, the southwest corner of said 2.95 acre tract, and being in a north line of a called 360.545 acre tract as recorded under Document No. 2DI21228001650330 of the Collin County Land Records; THENCE with the approximate center of E Foster Crossing Road, the south line of said 10.150 acre tract, the south line of said premises, and the. north line of said 360.545 acre tract, North 88'07'45" West, 336.38 feet to a PK nail set marking the southwest corner of said 10,150 acre tract, the southwest corner of said premises, and the southeast comer of a called 39,9944 acre tract as recorded in Volume 5387, Page 468 of the Collin County Land Records; THENCE with the west line of said 10.150 acre tract, the west line of said premises, and the east line of said 39.9944 acre tract, North 00'56'18" East, 1,115.18 feet to a Glas capped iron rod set marking the most westerly northwest corner of said premises, the northeast: comer of said 39.9944 acre tract, and being in the south line of a coiled 19.211 acre tract as recorded under Document No. 20060419000521020 of the Collin County Land Records; THENCE with a north line of said premises and the south line of said 19.211 acre tract as follows, South 88'22'16' East, 0.99 feet to a 1000 nail found marking an interior ell —corner of said premises and the southeast corner of said 19.211 acre tract; THENCE with a west line of said premises and the east line of said 19.211 acre tract, North 00'52'44" East, 198.21 feet to a Glas capped iron rod set marking the northwest corner of said premises, the southwest corner of the aforementioned 40.5756 ocre tract, and being in the north line of said 10.150 acre tract, THENCE with the north line of said 10,150 acre tract, the north line of said premises, and the south line of said 40.5756 acre tract, South W12'02" East, 335.95 feet to the point of beginning and containing 10.144 acres of land.