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Home My WebLink About2020-01-14 Work Session & Regular Meeting PacketAGENDA City Council Work Session THE CITY OF Anna Tuesday, January 14, 2020 @ 6:30 PM Anna City Hall, Council Chambers 111 N. Powell Parkway, Anna, Texas 75409 The City Council of the City of Anna will meet in Work Session at 6:30 PM, on January 14, 2020, at the Anna City Hall, Located at 111 North Powell Parkway (Hwy 5), to consider the following items. 1. Call to Order, Roll Call and Establishment of Quorum 2. Citizen Comments At this time, any person may address the City Council regarding an item on this meeting agenda that is not scheduled for public hearing. Also, at this time any person may address the Council regarding an item that is not on this meeting agenda. Each person will be allowed up to three (3) minutes to speak. No discussion or action may be taken at this meeting on items not listed on this agenda, other than to make statements of specific factual information in response to a citizen's inquiry or to recite existing policy in response to the inquiry. 3. CLOSED SESSION (EXCEPTIONS) Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. Consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071). Personnel Policies, design and construction contracts, Anna Fire Rescue Auxiliary Association b. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); city facilities; acquisition of easements c. Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code §551.087); possible incentive agreements with property developers; pending negotiations on development agreements. d. Discuss or deliberate personnel matters (Tex. Gov't Code §551.074); Boards and Commission Members 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. 4. 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). 5. 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 . 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. AGENDA THE CITY OF Regular City Council Meeting Anna Tuesday, January 14, 2020 @ 7:00 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 7:00 PM, on January 14, 2020, 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. At this time, any person may address the City Council regarding an item on this meeting agenda that is not scheduled for public hearing. Also, at this time any person may address the Council regarding an item that is not on this meeting agenda. Each person will be allowed up to three (3) minutes to speak. No discussion or action may be taken at this meeting on items not listed on this agenda, other than to make statements of specific 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 December 10, 2019 City Council Meeting Minutes. (City Secretary Carrie Smith) b. Review minutes of the December 2, 2019 Planning and Zoning Commission meeting. (Director of Development Services Ross Altobelli) c. Approve a Resolution approving the Quail Creek Run Place, Block A, Lots 1, 2, 3, & 4, minor plat. (Director of Development Services Ross Altobelli) d. Approve a Resolution approving the Anna Town Center Addition, Block A, Lots 6R, 9, 10, & 11 site plan. (Director of Development Services Ross Altobelli). e. Approve a Resolution renewing an existing agreement to provide ambulance transport services through the Collin County AMR contract. (Chief Isom) f. Approve a Resolution authorizing a task order with Alliance Geotechnical for materials testing on the Municipal Complex project. (Director of Public Works Greg Peters, P.E.) g. Approve a Resolution of the City of Anna, Texas authorizing the City Manager to execute a Ratification of Correction Easement and a Ratification of Correction Special Warranty Deed related to a dedication of a permanent water easement and a dedication of public right of way by and between the City of Anna, Texas, and QJ R Partnership; and providing for an effective date. (Director of Public Works Greg Peters, P.E.) h. Review Police Department Annual Racial Profiling Report (Police Chief Jeff A. Caponera) Action Items. 6. Consider/Discuss/Action to fill vacancy on EDC/CDC. (City Secretary Carrie Smith) 7. Consider/Discuss/Action on a Resolution adopting a Revised Policy Implementing the Public Information Act. (City Secretary Carrie Smith) 8. Consider/Discuss/Action on an Ordinance regulating Solicitation activities within the city limits. (Police Chief Jeff A. Caponera) 9. a. Conduct a public hearing to consider public comments on a request to rezone 10.0± acres located at the northeast corner of Collin County Outer Loop and Country Road 418 from Single -Family Residential - Large Lot to Light Industrial District with a Specific Use Permit (SUP) for a permanent concrete batching plant. Applicant: Tony Strickland b. Consider/Discuss/Action on an Ordinance approving the request to rezoned from Single -Family Residential - Large Lot to Light Industrial District with a Specific Use Permit (SUP) for a permanent concrete batching plant. (Director of Development Services Ross Altobelli) c. Discuss/Consider/Action on a Resolution approving the Concept Plan, NBR-Anna, Block A, Lot 1, associated with the rezoning request. (Director of Development Services Ross Altobelli) 10. a. Conduct a public hearing to consider public comments on a request to rezone 2.7± acres located at the southwest corner of Leonard Avenue and Sharp Street from Planned Development -Single -Family Residence-60/Single-Family Townhome (PD-SF-60/SF-TH) to Planned Development -Restricted Commercial (PD-C-1) with modified development standards. Applicant: Carrillo Engineering, LLC b. Discuss/Consider/Action on an Ordinance regarding the request to rezone 2.7± acre from PD-SF-60/SF-TH to PD-C-1 with modified development standards. (Managing Director of Community Services Ashley Stathatos) c. Discuss/Consider/Action on a Resolution approving the Concept Plan, Children's Lighthouse Addition, Block 1, Lots 1 & 2, associated with the rezoning request. (Planning & Development Director Ross Altobelli) 11. a. Conduct a public hearing to consider public comments on the Preliminary Replat for Anna Town Center Addition, Block A, Lots 6R, 9, 10, & 11. (Director of Development Services Ross Altobelli) b. Consider/Discussion/Action on a Resolution approving the Preliminary Replat, Anna Town Center Addition, Block A, Lots 6R, 9, 10, & 11. (Director of Development Services Ross Altobelli) 12. Consider/Discuss/Action on a Development Plat for Morales Estates, Block A, Lot 1. (Director of Development Services Ross Altobelli) 13. Consider/Discuss/Action a Resolution authorizing the City Manager to approve purchase orders for the funding of Items 8 and 9 of a task order with Birkhoff Hendricks and Carter, LLP for the completion of a stormwater utility study. (Director of Public Works Greg Peters, P.E.) 14. Consider/Discuss/Action on a Resolution of the City of Anna, Texas electing to not auto -renew the Solid Waste Collection and Disposal Contract with Bradshaw & Sons Trash Service; and providing for an effective date. (Director of Public Works Greg Peters, P.E.) 15. Consider/Discuss/Action on future improvements to Hackberry Lane from Bamborough Drive to State Highway 5. (Director of Public Works Greg Peters, P.E.) 16. Consider/Discuss/Action on a Resolution authorizing the City Manager to execute a Task Order with Hayden Consultants, Incorporated for land surveying and preliminary engineering services on Taylor Boulevard. (Director of Public Works Greg Peters, P.E.) 17. 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). Personnel Policies, design and construction contracts, Anna Fire Rescue Auxiliary Association, incentive agreement b. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); city facilities; acquisition of easements c. Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code §551.087); possible incentive agreements with property developers; pending negotiations on development agreements. d. Discuss or deliberate personnel matters (Tex. Gov't Code §551.074); Boards and Commission Members 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. 18. 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). 19. 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 January 10, 2020 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 Anna AGENDA ITEM: Item No. 5.a. City Council Agenda Staff Report Meeting Date: 1 /14/2020 Approve December 10, 2019 City Council Meeting Minutes. (City Secretary Carrie Smith) SUMMARY: STAFF RECOMMENDATION: ATTACHMENTS: Description Upload Date Type Work Session 1 /9/2020 Staff Report Regular Session 1 /9/2020 Staff Report ANNACITYCOUNCIL MINUTES WORK SESSION December 10, 2019 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 PM. Council Member Reeves was absent. 2. Presentation from Centurion American Development Group. (City Manager Jim Proce) Centurion American Development Group presented an update on the Hurricane Creek Development. 3. CLOSED SESSION (EXCEPTIONS) Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. Consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071). Personnel Policies, design and construction contracts, meeting procedures, agreements regarding historical displays. City of Anna, Texas v. Zayo Group, LLC, Henkels & McCoy, Inc. and Sadler Boring LLC; Cause No. 366-05638-2018; In the 366th District Court, Collin County, TX b. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); City facilities; acquisition of easements. C. Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code §551.087); possible incentive agreements with property developers; pending negotiations on development agreements. d. Discuss or deliberate personnel matters (Tex. Gov't Code §551.074); Boards and Commission Members MOTION: Council Member Beazley moved to enter closed session. Council Member Miller seconded. Motion carried 6-0. Mayor Pike recessed the meeting at 6:57 PM. Mayor Pike reconvened the meeting at 7:34 PM 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. 4. 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. 5. Adjourn. There being no further business before the Council, we will consider this meeting adjourned at p.m. Mayor Pike adjourned the meeting at 7:34 PM. Approved on the January 14, 2020. Mayor Nate Pike ATTEST: City Secretary Carrie L. Smith ANNACITYCOUNCIL MINUTES REGULAR SESSION December 10, 2019 1. Call to Order/Roll Call and Establishment of Quorum Mayor Pike called the meeting to order at 7:34 PM. Council Member Reeves was absent. 2. Invocation and Pledge of Allegiance. Deputy Mayor Pro Tern Beazley gave the Invocation. Mayor Pike led the Pledge. 3. Citizen Comments. At this time, any person may address the City Council regarding an item on this meeting agenda that is not scheduled for public hearing. Also, at this time any person may address the Council regarding an item that is not on this meeting agenda. Each person will be allowed up to three (3) minutes to speak. No discussion or action may be taken at this meeting on items not listed on this agenda, other than to make statements of specific factual information in response to a citizen's inquiry or to recite existing policy in response to the inquiry. Christine Lewis, 8108 Red Fox Road, Anna thanked City employees Scott Bradshaw and Justice Clay for their service at her residence. 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. Item g. was removed from the consent agenda. a. Approve Council Minutes for November 12, 2019. (City Secretary Carrie Smith) b. Approve minutes of the November 4, 2019 Planning and Zoning Commission meeting. (Director of Development Services Ross Altobelli) c. Approve an Ordinance providing for the adoption of the Expressvote Universal Voting System. (City Secretary Carrie Smith) On August 26, 2019, the Commissioner's Court of Collin County, Texas formally adopted the ExpressVote Universal Voting System, EVS 6.0.2.0 consisting of Electionware election management software, ExpressVote ballot marking device, ExpressTouch curbside voting device, DS200 precinct tabulator/scanner, DS450 high speed central scanner, and DS850 high speed central scanner. This voting equipment will be used for Early Voting in Person, Early Voting by Mail, Election Day Voting and Provisional Voting in all future elections held in Collin County. As an entity within Collin County, we will also need to adopt the above - mentioned system for voting if we have plans to contract with Collin County at any time in the future. AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING THE ANNA CITY CODE OF ORDINANCES CHAPTER 2, BY ADDING A NEW ARTICLE 2.09 (ELECTIONS) AND SECTION 2.09.001 (VOTING SYSTEM), PROVIDING FOR THE ADOPTION OF THE EXPRESSVOTE UNIVERSAL VOTING SYSTEM FOR EARLY VOTING IN PERSON, EARLY VOTING BY MAIL, ELECTION DAY VOTING, AND PROVISIONAL VOTING IN ALL FUTURE ELECTIONS; PROVIDING FOR SAVINGS, SEVERABILITY, AND REPEALING CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. d. Approve an Ordinance establishing rules and regulations for off leash areas, ("Paw Parks") in the City of Anna. (Managing Director of Community Services Ashley Stathatos) Natural Springs Paw Park is set for grand opening and ribbon cutting on December 14, 2019. Currently, there are no rules or regulations in place to provide for off -leash areas in Anna. As such, this Ordinance will establish the required rules, regulations, and exceptions required to provide for this need. The rules and regulations for off -leash areas apply to dogs and their owners. Off -leash areas are defined as the confines of a fenced recreation area that is owned and operated by the City of Anna and designated as an area for off- leash canines to exercise and play in a controlled environment under the supervision, possession or control of their owner(s). Dogs are required to be healthy and vaccinated. Aggressive dogs are not permitted in the paw park. Owners are responsible for their dogs, and must supervise and clean up after them. Law enforcement officers and animal control officers are authorized to enforce the rules and regulations of this Ordinance. The Parks Advisory Board voted to approve the dog park rules and regulations at their November 18, 2019 meeting. AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE ANNA CITY CODE OF ORDINANCES BY AMENDING CHAPTER 10, STREETS, PARKS AND OTHER PUBLIC WAYS AND PLACES; ARTICLE 10.02, PARKS, RECREATION AND SPECIAL EVENTS; DIVISION 2, GENERAL PARK REGULATIONS OF THE ANNA CITY CODE OF ORDINANCES AND ADDING SECTION 10.02.047, OFF LEASH AREAS, PAW PARK PROVIDING FOR A PENALTY FOR ANY VIOLATION OF THIS ORDINANCE NOT TO EXCEED $2,000; PROVIDING FOR SAVINGS, SEVERABILITY, AND REPEALING CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. e. Approve a Resolution approving the Enox RV Addition, Block A, Lot 1, development plat. (Director of Development Services Ross Altobelli) Recreational vehicle storage on one lot on 11.7± acres located on north side of County Road 419, 1,025 feet north of Country Road 421. The tract of land is located within the City of Anna extra territorial jurisdiction. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE ENOX RV ADDITI ON, BLOCK A, LOT 1, DEVELOPMENT PLAT f. Approve a Resolution entering into a development agreement with Anna 21, LLC to establish development and design regulations for future development located on 20.799 acres at 1220 S Powell Parkway, south of FM 455 and east of SH 5. (Managing Director of Community Services Ashley Stathatos) This is the same development agreement that the City Council approved at their September 24, 2019 City Council meeting. The development agreement is for property located south of FM 455 and west of SH 5 known as the Rollins tract of land. The intent of the development agreement is to put development and design regulations on the Rollins tract, should a rezoning request that allows for multi -family uses be approved. Kyle and Wendy Rollins (previous property owners) engaged Don Collins (developer/current property owner) to represent them in regards to their property. After the City Council approved the development agreement, Kyle and Wendy Rollins decided not to sign it. Don Collins withdrew the rezoning application and purchased their property. He is requesting that the City Council enter into the same development agreement with him as before. The only change being that Anna 21, LLC, (Don Collins, President), is listed as the property owner on the development agreement now, and Kyle and Wendy Rollins are removed from it. If the City Council approves the development agreement with Anna 21, LLC, then, Don Collins, President, will request the property be rezoned to MF-2, Multi -Family Residential - High Density. Approving the development agreement in no way puts an obligation on the Planning and Zoning Commission or City Council to approve the rezoning request. It only puts in place development and design regulations should the decision be made to approve the rezoning request. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A DEVELOPMENT AGREEMENT WITH ANNA 21, LLC RELATING TO DEVELOPMENT AND DESIGN REGULATIONS FOR MULTI -FAMILY DEVELOPMENT LOCATED AT 1220 S. POWELL PARKWAY. g. Approve an Ordinance amending the City of Anna Code of Ordinances regarding the Rental Registration Program. (Code Compliance Manager Kevin Martin) Staff is requesting an amendment to the City's Building Regulations regarding the Rental Registration Program for Single Family, Duplex, and Multifamily properties. The amendment to the current ordinance will provide the City with the ability to protect the vitality and integrity of the City of Anna housing stock. Rental properties shall be inspected for compliance upon first-time registration and each time there is a change in tenancy. The current ordinance requires a rental property owner to acquire a "Certificate of Occupancy' to rent out his or her property. This step in the process has created confusion amongst our neighbors because of its similar verbiage to a Certificate of Occupancy one receives when a new home is constructed. The new rental registration program, established by the amended ordinance, will require single family rentals to obtain a "Certificate of Registration" prior to any tenants occupying the premises. The fee to obtain the "Certificate of Registration" for single family rentals is set at $50. In addition, the new ordinance will hold property owners accountable for their participation in the program which currently is not specified as a requirement. The amended ordinance states that the owner must maintain the rental properties in accordance with the minimum housing standards and the International Property Maintenance Code. The applicant or landlord shall request that the inspection be conducted by the City. No rental property shall be occupied unless a valid certificate of registration has been issued by the City for the premises. If a landlord or owner rents, leases, or allows another to occupy the rental property that is not registered by the City and has not passed a City inspection or does not have a valid certificate of registration, is subject to penalty. This ordinance was identified as an action agenda item in the City's Strategic Plan as it will help enhance the appearance of our neighborhoods, protect property values, and support neighborhood integrity by having well maintained and safe housing stock throughout the City of Anna. The amended ordinance has been discussed with local stakeholders and thus far we have received positive feedback for the amended ordinance and rental registration program. AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING THE ANNA CITY CODE OF ORDINANCES BY AMENDING CHAPTER 4 (BUILDING REGULATIONS) BY REPEALING ARTICLE 4.08 (MULTIFAMILY DWELLING REGULATIONS) AND REPLACING SAID ARTICLE WITH A NEW ARTICLE 14.08 (RENTAL HOUSING); AMENDING APPENDIX A (FEE SCHEDULE) BY AMENDING SECTION A2.008 (APARTMENT COMPLEX LICENSE AND RE - INSPECTION FEES); ESTABLISHING REGULATIONS AND FEES FOR LANDLORDSAND OWNERS OF SINGLE-FAMILY, DUPLEXAND MULTI -FAMILY RESIDENTIAL RENTAL PROPERTIES; PROVIDINGA REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FORA PENAL TY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. MOTION: Council Member Beazley moved to approve items 5 a. - f. Council Member Bryan seconded. Motion carried 6-0. MOTION: Council Member Miller moved to approve item 5 g. Council Member Vollmer seconded. Motion carried 6-0. 6. A) Conduct a Public Hearing to consider a request to annex 161.250 Acres and 61.905 Acres in the Francis T. Duffau Survey, Abstract No. 288 and the John Ellet Survey, Abstract No. 296, City of Anna E.T.J., Collin County, Texas to extend the boundary limits of the City of Anna to include property within the city limits and adopt a service plan. (Managing Director of Community Services Ashley Stathatos) B) Discuss/Consider/Action on an Ordinance to annex 161.250 acres and 61.905 acres in the Francis T. Duffau Survey, Abstract No. 288 and the John Ellet Survey, Abstract No. 296, City of Anna E.T.J., Collin County, Texas and extend the boundary limits of the City of Anna to include the property within the city limits and adopt a service plan. (Managing Director of Community Services Ashley Stathatos) The proposed annexation consists of 161.250 Acres and 61.905 Acres in the Francis T. Duffau Survey, Abstract No. 288 and the John Ellet Survey, Abstract No. 296, City of Anna E.T.J., Collin County, Texas. The property is located east of US 75 and north of FM 455. A petition was received from the landowner requesting this annexation. Notices of the proposed annexation were sent to the school district and all public entities as well as nearby property owners. The proposed annexation was publicized in the Anna -Melissa Tribune newspaper and on the City website. Only one public hearing is required per new legislative requirements. Douglas Properties is proposing to develop a new subdivision on the property named Meadow Vista. Bloomfield Homes will be the builder. Mayor Pike opened the public hearing at 8:02 PM Rebecca Rollins spoke in favor of the annexation. Mayor Pike closed the public hearing at 8:04 PM AN ORDINANCE ANNEXING INTO THE CITY OF ANNA, TEXAS THE HEREINAFTER DESCRIBED TERRITORY ADJACENT TO AND ADJOINING THE CITY OF ANNA, TEXAS, TO WIT: BEING A CERTAIN AREA OF LAND SITUATED IN THE FRANCIS T. DUFFAU SURVEY, ABSTRACT NO. 288 AND THE JOHN ELLET SURVEY, ABSTRACT NO. 296, COUNTRY OF COLLIN, STATE OF TEXAS; AMENDING THE OFFICIAL CITY MAP; PROVIDING FOR A SERVICE PLAN AND AGREEMENT; REQUIRING THE FILING OF THIS ORDINANCE WITH THE COLLIN COUNTY CLERK; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING FOR SEVERABILITY, PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR AN EFFECTIVE DATE MOTION: Council Member Beazley moved to approve. Council Member Vollmer seconded. Motion carried 6-0. 7. Discuss/Consider/Action on a Resolution entering into a Development Agreement with QJR Partnership, LTD to establish development and design regulations on property located on the north side of Hackberry Drive, 480± feet west of Ferguson Parkway. (Director of Development Services Ross Altobelli) This development agreement is between the City and QJR Partnership, LTD, (J.D. Rollins). It is for approximately 223 acres of land located on the north side of Hackberry Drive, 480± feet west of Ferguson Parkway for a future residential subdivision (Meadow Vista) to be built by Bloomfield homes. The purpose of the development agreement is to put in place the City's architectural design standards and masonry requirements should the city decide to approve the rezoning request of Bloomfield Homes for single-family residential homes. MOTION: Council Member Beazley moved to approve. Council Member Miller seconded. Motion carried 6-0. 8. A) Conduct a public hearing to consider public comments on a request to rezone 223.0± acres located on the north side of Hackberry Drive, 480± feet west of Ferguson Parkway from Single -Family Residential - Large Lot (SF-E) to Planned Development -Single -Family Residence-60/Restricted Commercial District (PD-SF-60/C-1) with modified development standards. Applicant: Bloomfield Homes B) Discuss/Consider/Action on an Ordinance approving the request to rezone 223.0± acres from SF-E to PD-SF-60/C-1 with modified development standards. (Director of Development Services Ross Altobelli) C ) Discuss/Consider/Action on a Resolution approving the Concept Plan, Meadow Vista, associated with the rezoning request. (Director of Development Services Ross Altobelli) The applicant is requesting to rezone the subject property to allow for a single- family residential development with modified development standards that may include nonresidential development. For additional information please refer to the attached staff report. Mayor Pike opened the public hearing at 8:13 PM Christine Lewis, 8108 Red Fox Road, Anna - spoke regarding possible flooding. Mayor Pike closed the public hearing at 8:15 PM 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. MOTION: Council Member Miller moved to approved item B. Council Member Bryan seconded. Motion carried 6-0. MOTION: Mayor Pike moved to approve item C. Council Member Toten seconded. Motion carried 6-0. 9. A) Conduct a public hearing to consider public comments on a request to rezone 2.7± acres located at the southwest corner of Leonard Avenue and Sharp Street from Planned Development -Single -Family Residence- 60/Single-Family Townhome (PD-SF-60/SF-TH) to Planned Development - Restricted Commercial (PD-C-1) with modified development standards. Applicant: Carrillo Engineering, LLC B ) Discuss/Consider/Action on an Ordinance approving the request to rezone 2.7± acre from PD-SF-60/SF-TH to PD-C-1 with modified development standards. (Managing Director of Community Services Ashley Stathatos) C) Discuss/Consider/Action on a Resolution approving the Concept Plan, Children's Lighthouse Addition, Block 1, Lots 1 & 2, associated with the rezoning request. (Managing Director of Community Services Ashley Stathatos) Carrillo Engineering, LLC has requested a zoning change on 2.7± acres at the southwest corner of Sharp Street and Leonard Avenue. The existing zoning is a Planned Development for Anna Town Center. The property is located in District C, Single Family Transition zone and District D, Town Center Town Home Zone. The applicant has requested a change to Planned Development, Restricted Commercial, ("PD-C-1"), to allow for a child care facility and adjacent restricted commercial use. Mayor Pike opened the public hearing at 8:21 PM Scott I ntrieni, 611 Haven Drive, Anna - opposed due to potential traffic issues. MOTION: Mayor Pike moved to keep the public hearing open until January 14, 2020 at 7:30 PM at Anna City Hall. Council Member Beazley seconded. Motion carried 6-0. MOTI ON: Council Member Beazley moved to table items B. and C. to the January 14, 2020 meeting. Council Member Bryan seconded. Motion carried 6-0. 10. Discuss/Consider/Act on an additional amendment to the Construction Contract with Lee Lewis Construction for the Municipal Complex and any additional necessary action. (Public Works Director Greg Peters) Lee Lewis Construction has completed the bidding process with their subcontractors for Phase 2 of the Municipal Complex project Approval of this item will authorize full construction of the project. At the Council Meeting, both Lee Lewis Construction and Randall Scott Architects will be in attendance to present the Final GMP. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO FUND THE MUNICIPAL COMPLEX BUILDING CONSTRUCTION PHASE 2 AS IDENTIFIED IN EXHIBIT A OF THE EXECUTED AIA A133-2009 CONTRACT BY AND BETWEEN THE CITY OF ANNA, TEXAS AND LEE LEWIS CONSTRUCTION, INCORPORATED, FOR THE MUNICIPAL COMPLEX FOR THE CITYOF ANNAAS SHOWN IN EXHIBIT 1" ATTACHED HERETO AND PROVIDING FOR AN EFFECTIVE DATE. MOTION: Mayor Pike moved to approve subject to amending Phase 3-A9 and Phase 3-A10. Council Member Vollmer seconded. Motion carried 6-0. 11. Discuss/Consider/Act on a Resolution awarding the Municipal Complex Sanitary Sewer Construction Project (Public Works Director Greg Peters) The Municipal Complex Sanitary Sewer Construction Project is a major sewer rehabilitation and expansion project located in downtown Anna. The project is required for the construction of the new municipal facilities downtown. While the project is required for the Municipal Complex, it also benefits properties along Interurban Street which will also sewer to the new main that will be constructed. The project increases capacity of the existing collection system and replaces old sewer pipes which are undersized and in poor condition. The project is included in the City's Capital Improvement Program and is funded through Bond Funds. The City held a public competitive bid process in accordance with the Texas Local Government Code and opened bids on December 5, 2019. Seven bids were received for the project. With only one Council Meeting this month, staff is bringing this project forward for Council consideration immediately so that construction can commence as soon as possible. Due to the short turnaround time between the bid opening and the City Council meeting, staff has prepared a resolution authorizing the City Manager to award the project to the lowest qualified bidder in an amount not to exceed the budgeted amount of $365,000.00. Staff is working with the design engineer, Birkhoff, Hendricks, and Carter, LLC, to review and tabulate the bids and contact references for the bids received. Once the bid review is complete, the resolution would allow the City Manager to formally award the project to the lowest qualified bidder. A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE CITY MANAGER TO AWARD THE MUNICIPAL COMPLEX SANITARY SEWER CONSTRUCTION PROJECT TO THE LOWEST QUALIFIED BIDDER IN AN AMOUNT NOT TO EXCEED THREE HUNDRED SIXTY-FIVE THOUSAND DOLLARS AND ZERO CENTS ($365,000.00); AND PROVIDING FOR AN EFFECTIVE DATE. MOTION: Council Member Miller moved to approve. Council Member Beazley seconded. Motion carried 6-0. 12. Discuss/Consider/Action on a Resolution of the City of Anna, Texas authorizing the City Manager to execute a purchase sale agreement for the purchase of 0.202 acres of real property to be designated as public right-of-way for the construction of West Foster Crossing Road as shown in Exhibit "A" attached hereto, in the amount not to exceed thirty five thousand dollars and zero cents ($35,000.00) in a form approved by the City Attorney; and providing for an effective date. (Public Works Director Greg Peters) West Foster Crossing Road is included in the City of Anna Capital Improvement Plan and is shown on the City of Anna Thoroughfare Plan as a Major Collector Street. The developer constructing Phases 2-4 of Pecan Grove is seeking to construct the northern half of West Foster Crossing Road along the Pecan Grove development.The developers have dedicated the required right-of-way for their portion of the frontage. This item is for the acquisition of a segment of right-of-way in between Pecan Grove Phase 2 and Phase 4, which is owned by a separate private property owner. The developers of Pecan Grove have negotiated for the purchase of the property by the City in an amount totaling $35,000.00. In addition, the developers will be responsible for replacing the property owner's fence, mailbox, and gate. Road construction is set to begin in early 2020, and as such it is important to complete the purchase of the needed right-of-way. The purchase will be funded through Roadway Impact Fee funds, which the project is eligible for. The City will contract with a title company to complete the necessary title search, preparation of a title commitment, and to complete the closing process. The purchase sale agreement was drafted by the City Attorney for this item. A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE SALE AGREEMENT FOR THE PURCHASE OF 0.202 ACRES OF REAL PROPERTY TO BE DESIGNATED AS PUBLIC RIGHT-OF-WAY FOR THE CONSTRUCTION OF WEST FOSTER CROSSING ROAD AS SHOWN IN EXHIBIT "A" ATTACHED HERETO, IN THE AMOUNT NOT TO EXCEED THIRTY FIVE THOUSAND DOLLARS AND ZERO CENTS ($35,000.00) IN A FORM APPROVED BY THE CITY ATTORNEY; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION: Council Member Miller moved to approve. Council Member Toten seconded. Motion carried 6-0. 13. Discuss/Consider/Action to fill vacancy on EDC/CDC. (City Secretary Carrie Smith) Raul Hernandez tendered his resignation on November 12, 2019, leaving an un- expired term for Place 6 vacant. Place 6 expires in June 2020. After brief discussion Mayor Pike nominated John Raner. His application was received; however, the necessary background check has not been completed. MOTION: Council Member Toten moved to appoint John Raner pending a clear background check. Council Member Bryan seconded. Motion carried 6-0. 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). Personnel Policies, design and construction contracts, meeting procedures, agreements regarding historical displays. City of Anna, Texas v. Zayo Group, LLC, Henkels & McCoy, Inc. and Sadler Boring LLC; Cause No. 366-05638-2018; In the 366th District Court, Collin County, TX b. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); City facilities; acquisition of easements. C. Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code §551.087); possible incentive agreements with property developers; pending negotiations on development agreements. d. Discuss or deliberate personnel matters (Tex. Gov't Code §551.074); Boards and Commission Members MOTION: Council Member Miller moved to enter closed session. Mayor Pike seconded. Motion carried 6-0. Mayor Pike recessed the meeting at 8:58 PM Mayor Pike reconvened the meeting at 9:20 PM 15. Consider/Discuss/Action on any items listed on the posted agenda or any closed session occurring during this meeting, as necessary 16. Adjourn. Mayor Pike adjourned the meeting at 9:20 PM Approved on the January 14, 2020. Mayor Nate Pike ATTEST: City Secretary Carrie L. Smith THE CITY OF Anna AGENDA ITEM: Item No. 5.b. City Council Agenda Staff Report Meeting Date: 1 /14/2020 Review minutes of the December 2, 2019 Planning and Zoning Commission meeting. (Director of Development Services Ross Altobelli) SUMMARY: STAFF RECOMMENDATION: ATTACHMENTS: Description Upload Date Type P&Z minutes 1 /8/2020 Staff Report MINUTES PLANNING AND ZONING COMMISSION December 2, 2019 The Planning and Zoning Commission of the City of Anna held a meeting at 7:00 p.m. on December 2, 2019, at the Anna City Hall Administration Building located, 111 North Powell Parkway, to consider the following items. Call to Order and Establishment of Quorum The meeting was called to order at 7:02 pm. Members present were Daniel Moody, Don Callaham, Wayne Barton, Alonzo Tutson, Donald Henke, and Danny Ussery. Leslie Voss was absent. Staff present were Ross Altobelli, Ashley Stathatos, Lauren Mecke, Olivia Heard and Clark McCoy. 2. Invocation and Pledge of Allegiance Commissioner Callaham gave the invocation and led the Pledge of Allegiance. 3. Citizen Comments: At this time, any person may address the Planning and Zoning Commission regarding an item on this meeting agenda that is not scheduled for public hearing. Also, at this time any person may address the Commission regarding an item that is not on this meeting agenda. Each person will be allowed up to three (3) minutes to speak. No discussion or action may be taken at this meeting on items not listed on this agenda, other than to make statements of specific factual information in response to a citizen's inquiry or to recite existing policy in response to the inquiry. There were no citizen comments. Mr.Altobelli introduced the new city employees Lauren Mecke and Olivia Heard. 4. Consider/Discuss/Action on recommendation regarding the Development Plat for Enox RV Addition, Block A, Lot 1. Applicant: Mary Enox Mr. Altobelli gave a brief presentation and answered questions from the Commission. The development plat is proposing a recreational vehicle storage on one lot located on the north side of County Road 419, 1,025 feet north of Country Road 421. The tract of land is located within the City of Anna's ETJ. Chairman Tutson questioned if Keith Lane would be widened in the future. Mr.Altobelli responded that Keith Lane is a private drive, with the intention to remain so. A motion was made by Commissioner Henke, seconded by Commissioner Ussery to recommend approval of the development plat. The vote was unanimous. 5. A) Conduct a public hearing to consider public comments on a request to rezone 2.7± acres located at the southwest corner of Leonard Avenue and Sharp Street from Planned Development -Single -Family Residence-60/Single-Family Townhome (PD-SF-60/SF-TH) to Planned Development -Restricted Commercial (PD-C-1) with modified development standards. Applicant: Carrillo Engineering, LLC Ms.Stathatos gave a presentation about the proposed zoning. Staff recommended the approval of the rezoning of 2.7 acres at the southwest corner of Sharp Street and Leonard Avenue from Planned Development for Anna Town Square to Planned Development Restricted Commercial to allow for the Children's Lighthouse addition. Staff believes there is a need for an additional daycare in a growing community. The location of a daycare next to an elementary school is convenient for parents with children of multiple ages. Anna Town Square has many families that can benefit from restricted commercial use near to activity centers. Leonard is designed to be a major arterial roadway and Sharp is designed to be P & Z Minutes 12-02-19 Page 1 of 6 a neighborhood collector street. These road way classifications are consistent with the proposed land use. Tim McNutt presented as the applicant for The Children's Lighthouse. Children's Lighthouse is known for its high -quality construction and will provide jobs for 25-35 people. Remaining property would only be used for a specific set of commercial purposes. A daycare is a good fit for this area because it is located close to Harlow Elementary. Chairman Tutson opened the public hearing at 7:40 pm. Commissioner Callaham inquired about the anticipated maximum capacity of children in the center, as well as, the quantity of grade school age children. The answers were, respectively, 200 and unknown. Commissioner Barton commented that the traffic study did not address traffic movement, but parking spaces. Commissioner Barton elaborated that most traffic studies are done using one -hour intervals which would mean a total of 160 movements for a school of 200 and around 169 movements during an evening period of 4:30-6:30pm. Commissioner Barton wanted to speak with the traffic engineer of the Lighthouse study, but she was unavailable. Additionally, the Commissioner asked if the daycare would have students from other schools attending, and if so, would so shuttle busses be operating. Commissioner Ussery inquired about the use of the remaining land on the property, to which the applicant stated the land is required to be rezoned now per the requirements of the loan. Commissioner Ussery wondered why the building couldn't already be built. Commissioner Moody asked if a study had been completed to show that there is a need for a child care facility. He commented that often changes happen and citizens are not solicited for what they want. The applicant responded that on August 28, there was a meeting with the HOA which was largely focused on irritation with the developer, and concerns were not directed at Children's Lighthouse specifically. Commissioner Moody wanted to know if there was a way the community could have a voice. Commissioner Callaham commented that in the traffic count it shows 25 traffic movements in the morning. Both he and Commissioner Barton were concerned that the traffic study was comparing 15 mins with a one -hour period. Commissioner Henke asked the applicant if this was the same presentation as last time. The applicant said it was an updated slideshow to address new questions. The applicant added that traffic should work itself out as the road is built out, as well as mentioned a daycare is a complementary use to the community. Ms.Stathatos wanted the room to keep in mind the growth of the community. She noted that as a City Employee, she frequently receives calls asking for a list of daycares and hears that citizens are often on waiting lists or must take their children outside of the community. Commissioner Barton responded to Ms.Stathatos' comment saying that a new daycare had been approved on White Street, in addition to zoning approval near Rattan Elementary School for a day care and nothing has moved forward in either location, so he questions if there is such a great need. The applicant then commented that their intent was to build immediately, not to hold the land. Georgette King 2423 Thayne Drive spoke to the commission stating that she had an issue finding daycare when she first moved here and is still on a waiting list. She needs a facility to drop her child at before work and believes other families need this amenity as well. She believes it is convenient, time saving, and would allow her child to safely walk from the elementary school to the daycare. Chad Barns 2205 Caroline Street doesn't think the city is ready for this project. He is worried about traffic that is already backed up. He felt the topic could be further discussed if road improvements were made first. P & Z Minutes 12-02-19 Page 2 of 6 Scott Intrieri 611 Haven Drive was also worried about the traffic and stated the traffic study was out of date. He has two children in school and has witnessed the dangerous driving conditions when students are being dropped off and picked up and believes a daycare would only add to the problem. Additionally, he was concerned with a commercial property next to the school particularly if it remained unoccupied for a large period of time. Commercial uses should be in the front of the development by the entrance. Susan Noland 2106 Evelyn Circle was opposed but did not speak. Tammy Snowder 2217 Nuehoff Drive felt she was misled by the developer, that the area would remain zoned for housing and they moved to be away from commercial property. She was concerned about the yards and sprinkler heads being torn up by school traffic. Susan Marchand 639 Brook Dr. felt the Lighthouse would be a good addition to Anna but should go in the designated commercial space of the subdivision. She did not believe parents would want their children to walk from the elementary school to the daycare and was concerned about traffic. Mr. Altobelli stated that Sharp street is not on the city's thoroughfare plan, but the city is in the process of updating the plan. Leonard will be built out as development occurs on both sides. Citizens then spoke out from the seating area questioning when the road would be expanded. Ms.Stathatos answered that Sharp is a collector street that would be built out at once in order to be less costly and intrusive. The citizens also claimed until the road was developed all the way to 455 there would be no traffic relief. Ms.Stathatos stated there would be some relief. The citizens further urged the Commissioners to be aware of the impact of this decision. Chairman Tutson assured them they were listening. Chairman Tutson closed the public hearing at 8:00 pm. B) Consider/Discuss/Action on a recommendation regarding the request to rezone 2.7± acre from PD- SF-60/SF-TH to PD-C-1 with modified development standards. Commissioner Ussery felt other properties were better suited for commercial and noted a middle school was planned to be built south of the existing elementary school in 2023 which would cause additional traffic issues. Commissioner Callaham expressed that most citizens are in opposition. Commissioner Henke said multi family could move in the area as a comparison to traffic impact. Chairman Tutson mentioned a recent visit to Oak Point, a very similar location to what Anna Town Crossing will be. Oak Point had a traffic officer and traffic did back up at first but that was part of growth. He asked if there would be speed bumps or traffic cushions considering the proposed middle school. Additionally, he articulated that he had heard the disappointment with the Anna Town Square developer and wanted to send a message that standards in Anna have changed. He was disappointed with the daycare presentation and said he had not been given enough information. Chairman Tutson asked that the Commissioners vote individually. Commissioner Barton asked if the item could be tabled. Commissioner Callaham asked that consideration be given that the citizens had already come out twice. Chairman Tutson preferred not to table. A motion was made by Commissioner Barton, seconded by Commissioner Callaham to deny approval of the proposed zoning change. The vote was in favor of denial 5-1 with Commissioners Barton, Callaham, Tutson, Ussery, and Moody voting yes and Commissioner Henke voting no. P & Z Minutes 12-02-19 Page 3 of 6 C) Consider/Discuss/Action on a recommendation regarding the Concept Plan, Children's Lighthouse Addition, Block 1, Lots 1 & 2, associated with the rezoning request. A motion was made by Commissioner Callaham, seconded by Commissioner Ussery to take no action on the concept plan considering the previous vote. The vote was in favor to take no action 5-1 with Commissioner Barton, Callaham, Tutson, Ussery, and Moody voting yes and Commissioner Henke voting no. 6. A) Conduct a public hearing to consider public comments on a request to rezone 223.0± acres located on the north side of Hackberry Drive, 480± feet west of Ferguson Parkway from Single -Family Residential - Large Lot (SF-E) to Planned Development -Single -Family Residence-60/Restricted Commercial District (PD-SF-60/C-1) with modified development standards. Applicant: Bloomfield Homes Mr. Altobelli gave a presentation about the proposed zoning. Chairman Tutson opened the public hearing at 8:25 pm. Jim Douglas of Douglas Properties presented as the applicant. His presentation consisted of a concept plan rendering, examples of community design and appearance, and housing features and amenities such as trails and playgrounds. He noted that the property was in the ETJ and the Commission's decision would be depending upon approval of the annexation. Chairman Tutson closed the public hearing at 8:31 pm. Commissioner Barton complemented Mr.Altobelli's work on the staff reports for this meeting and asked the developer about lot variation. The developer was present to answer questions. He informed the room that Bloomfield home lot sizes vary from 50-75 feet in width to create an ascetically pleasing custom feel. He has been working in Anna since 2010 and was excited to continue in the community. B) Consider/Discuss/Action on a recommendation regarding the request to rezone 223.0± acres from SF-E to PD-SF-60/C-1 with modified development standards. A motion was made by Commissioner Henke, seconded by Commissioner Callaham to approve the rezoning request. The vote was unanimous. C) Consider/Discuss/Action on a recommendation regarding the Concept Plan, Meadow Vista, associated with the rezoning request. Commissioner Callaham asked Mr.Altobelli what would change in the concept plan during the development stage. Mr.Altobelli didn't believe there would be much room for change. A motion was made by Commissioner Callaham, seconded by Commissioner Moody to recommend approval of the concept plan. The vote was unanimous. 7. A) Conduct a public hearing to consider public comments to rezone 20.8± acres located on the west side of State Highway 5, 1,420 feet south of West White Street from Agricultural District (AG) to Planned Development -Multiple -Family Residential - High Density (PD-MF-2) with modified development standards. Applicant: Anna 21, LLC Mr. Altobelli gave a presentation about the proposed zoning. Staff has been working with the applicant on the concept plan and the applicant has asked to table until the January meeting. The location had been denied previously by City Council. P & Z Minutes 12-02-19 Page 4 of 6 Commissioner Callaham asked if changes had been made from the previous submission to address City Council concerns. Chairman Tutson clarified that questions about density and unanswered questions caused the City Council to deny the initial request. Chairman Tutson opened the public hearing at 8:42 pm. A motion was made by Chairman Tutson to table until January 6,2020 at 111 N. Powell Parkway at 7:OOpm, seconded by Commissioner Callaham. The vote was unanimous. B) Consider/Discuss/Action on a recommendation regarding the request to rezone 20.8± acres from AG to PD-MF-2 with modified development standards. A motion was made by Commissioner Callaham to table the agenda item until January 6, 2020 at 111 N. Powell Parkway at 7:00 pm, seconded by Commissioner Ussery. The vote was unanimous. 8. A) Conduct a public hearing to consider public comments regarding a request to rezone 10.0± acres located at the northeast corner of Collin County Outer Loop and Country Road 418 from Single -Family Residential - Large Lot (SF-E) to Light Industrial District (1-1) with a Specific Use Permit (SUP) for a permanent concrete batching plant. Applicant: Tony Strickland Mr.Altobelli gave a brief presentation and answered questions from the Commission. Mr.Altobelli could not determine why the land wasn't properly rezoned when annexed, but the batch plant has been there for quite some time. The applicant is asking for proper zoning to keep the plant on the site. Commissioner Henke commented a batch plant would be needed during all the development that was happening in the City but would probably not remain after the city develops further. The applicant, Nelson Brothers Ready Mix, presented to the board that the plant had been in this location for 10 years and was involuntarily annexed in 2014. They found out zoning changes were required when trying to make improvements on the site. Commissioner Callaham recused himself from voting. Chairman Tutson opened the public hearing at 8:59 pm. James and Patty Houston 8974 CR 418 had question regarding the permit request and how it would affect them as the closest neighbors to the plant. They wanted to ensure that the plant would be brought up to high quality standards. Commissioner Barton asked for clarification of the citizens concerns, which were the 24-hour operating hours, noise, and dust pollution. Commissioner Moody inquired if restricted hours would harm the Nelson Brothers business. The applicant very strongly believed it would and they were already planning to address the dust problem. Chairman Tutson closed the public hearing at 9:15 pm. A stipulation was proposed where the applicant would have 6 months to have all trucks operating on concrete surfaces, and it was agreed upon by the Owner, Staff and Planning and Zoning Commission to address the dust problem. Commissioner Ussery noted his uncomfortableness. B) Consider/Discuss/Action on a recommendation regarding the request to rezone 10.0± acres from SF-E to 1-1 with a SUP for a permanent concrete batching plant. A motion was made by Commissioner Barton to approve the zoning change with the stipulation of concrete operating surfaces within 6 months from the City Council approval. The vote was unanimous with Commissioner Callaham abstaining. P & Z Minutes 12-02-19 Page 5 of 6 C) Consider/DiscusslAction on a recommendation regarding the Concept Plan, NBR-Anna, Block A, Lot 1, associated with the rezoning request. Commissioner Barton clarified that the concept plan was showing the existing conditions as is. A group of citizens spoke from the room wanting to know what this would do to their homes. Staff and Commissioners said the plant would have to comply with improvements, such as screening and landscaping, so that the citizens would be better off. A motion was made by Commissioner Barton to approve with the stipulation of concrete operating surfaces within 6 months from the City Council approval, seconded by Commissioner Moody. The vote was unanimous with Commissioner Callaham abstaining. 9. Consider/Discuss/Action on recommendation regarding the 2020 submittal calendar. Mr. Altobelli gave a brief presentation and answered questions from the Commission. The calendar will be available for applicants, Commissioners, and Council to understand the submittal process Mr.Altobelli commented he would be strict about getting comments returned in a timely manner. Commissioner Barton responded that he had often been unsure about meetings that fell on holidays, so this calendar was a great help. A motion was made by Chairman Tutson, seconded by Commissioner Moody to recommend approval of the submittal calendar. The vote was unanimous. 10. Discuss updated city applications and checklists for plans and plats. Mr. Altobelli gave a brief presentation and answered questions from the Commission. The paperwork and checklist were simplified and given uniformity. Commissioner Barton and Chairman Tutson thanked Mr Altobelli for his efforts. 11. Consider action to approve minutes of the November 4, 2019 Planning and Zoning meeting. A motion was made by Commissioner Ussery to approve the minutes, seconded by Commissioner Callaham. The vote was unanimous. 12. Adjourn A motion was made by Commissioner Callaham seconded by Commissioner Ussery to adjourn the meeting. The vote was unanimous. The meeting adjourned at 9:35 pm. Alonzo utson Planning and Zoning Commission Chairman ATTEST: v v� P & Z Minutes 12-02-19 Page 6 of 6 THE CITY OF Anna AGENDA ITEM: Item No. 5.c. City Council Agenda Staff Report Meeting Date: 1 /14/2020 Approve a Resolution approving the Quail Creek Run Place, Block A, Lots 1, 2, 3, & 4, minor plat. (Director of Development Services Ross Altobelli) SUMMARY: Four residential lots on 8.6± acres located at the southwest corner of Taylor Boulevard and Quail Creek Run. Zoned Extraterritorial Jurisdiction (ETJ). Strategic Connection This items supports the City ofAnna Strategic Plan, specifically advancing: Goal 2: Sustainable Anna Community Through Planned, Managed Growth STAFF RECOMMENDATION: Recommended for approval as submitted. ATTACHMENTS: Description Upload Date Type Location Map 1 /7/2020 Staff Report Resolution w/ Exhibit 1 /7/2020 Resolution 77 i a-, O p t w - Z1 ` p U) W V W CREEK DR BEAR cn - r , t i rye.: ' Z w iJ yr, THE CITY OF N CY Anifta u lop, Proposed Site Parcels ^' 0 125 250 500 .re. Feet • g January 2020 L:\Planning & Development\Project Review\Quail Creek Run Place\Agenda 11 CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE QUAL CREEK RUN PLACE, BLOCK A, LOTS 1, 2, 3, & 4, MINOR 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 Article 9.02 of the Anna City Code of Ordinances ("Subdivision Regulations"); and WHEREAS, Steven DePriest has submitted an application for approval of the Quail Creek Run Place, Block A, Lots 1, 2, 3, & 4, minor 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 Quail Creek Run Place, Block A, Lots 1, 2, 3, & 4, minor plat attached hereto as Exhibit A. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 14' day of January 2020. ATTEST: APPROVED: City Secretary, Carrie L. Land Mayor, Nate Pike OWNERS' CERTIFICATE STATE OF TEXAS ANNA II CITY COLLIN COUNTY II LIMITS OAK HOLLOW ESTATES �� 1 1 S0 WHEREAS, Kurtis A. Clifton and Amanda D. Clifton are the owners of an 8.616 acre tract of land, "Lot 1 and Lot 1� 82� Charles Robert Adorns PHASE 5 V. P., P.996 A ^\� r 1 �1 and spouse, Michelle Adams 2 , described in a deed recorded document number 20190507000511370, Official Public Records Collin County, ANNA �" Za 0.P.R.C.C.T S ��'� 1" Doc. No. 20110624000655480 �\, 0. 2011 6240 Texas. BEGINNING at a half inch iron rod set with a blue cap stamped 'APPLE 5932" for the southwest corner of said LOT 2 and being the east line of Park Place at Anna Phase 1, an addition to the City of Anna, Collin County, z Lair ANNA Texas, recorded in document number 20190227010000970 or 2019-155, Official Public Records of said county; CITY a = II LlMI THENCE North 0 degrees 52 minutes 01 seconds West, with the west line of said LOT 2 and the east line of said Park Place at Anna Phase 1, a distance of 601.04 feet to a half inch iron rod found with red cap for the N II — — — — — — northwest corner of said LOT 2 and being the northeast corner of said Park Place at Anna Phase 1, said iron rnnoR eL. Coff an _ _ — — CONTROLLING 50 R. 0. W. DEDICA TION APPROXIMA T� Y LINE rodbeing near e center o ay or Boulevard MONUMENT REF. V. P, P. 966 — — THENCE North 87 degrees 42 minutes 06 seconds East, with the north line of said LOT 2, LOT I and being near 1/2" lRF TAYLORBOULEVA N87°42'06"E60 1.92 the center of said Taylor Boulevard distance of 601.92 feet to a half inch iron rod set with a blue cap 'APPLE l WIRED PLASTIC CAP LINE0' stamped 5932" for the northeast corner of said LOT 1; APP_ TE SURVEY R. /CATION C 40' R.O.W. PARK PLACE at ANNA o 0 ov BY THIS DEDICATION PLAT THENCE in a southerly direction with the east line of said LOT I and being the center of a 60 foot wide road (QUAIL CREEK RUN) described in 1390, 595, Deed Records follows: _ _ — — as volume page of said county as PHASE 1, REF. document number Noo — — — 254.40' _ _ ___ 20190227010000970 (2019-155) Q o N z — — — — 0' — — — — — — — — — — — — — — — — — _ South 0 degrees 37 minutes 22 seconds West, a distance of 246.39 feet to o half inch iron rod set with a blue Hi9hl°nE _150- _ 166.44 — — — — — — — — nor �x 25' B.L. ____--, cap stamped 'APPLE 5932" for corner; �""°°anY --- -- ) ____________________________________________ l0 ESMT. DEDICATION--------- -------------- _ , ---------------------- ---------- BY THIS PLAT I South 10 degrees 06 minutes 38 seconds East, o distance of 368.26 feet to a half inch iron rod set with a SoR ' I blue cap stamped 'APPLE 5932" for corner; LOCATION MAP �1SO '� 9 I David L. Hibdon and wife, y Hibdon Pegg South 10 degrees 00 minutes 47 seconds West, a distance of 10.08 feet to a half inch iron rod set with a blue 'APPLE 5932" for the LOT 1; " I cop stamped southeast corner of said NO SCAL L \� 1 LOT 3 JO 0. I °j, V. 1398, P. 580 C R D...C.T. THENCE South 89 degrees 26 59 West, departing the line LOT 1 P ( I I I minutes seconds said road with south of said �R� RP 1 1 \ I of I and 2 a distance of 652.59 feet to the PLACE OF BEGINNING and containing 8.616 acres of land (375,313 S.F). RIB gS I NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS.• P LOT I LOT 2 �� I That we, Kurtis A. Clifton and Amanda D. Clifton hereby adopt this plat as QUAIL CREEK RUN PLACE, an addition to Collin County, Texas, and dedicate to the public use forever the streets and easements shown hereon for the 1.238 ACRES 1. IJ2 ACRES LOT —3 mutual use and accommodation of any public utility desiring to use or using same for the purpose of 53,915 SF. 49,313 S.F. o o construction, maintaining, adding to or removing any or all of their respective systems located therein, and further, MIN. FF EL. Qo MIN. FF EL. o0 ti 1.9591 ACRES 85,JJ8 S.F. w I w I that the Owners do hereby acknowledge the requirement of completion of all water and sewage collection systems and all street, curb and gutter and drainage improvements and the expense to the Owners and ANNA 682.5' ti B827' 15' U.E. 6� I CITY o r MIN. FF EL. guarontee(s) the performance of some. LIMITS o v o 682.7' W o LOT 4 I WITNESS MY HAND this --- day of—_--------_,20 _. 0 o APPROX. I � SURVEY APPROXIMATE SURVEY LINE --------------------------- ------------------------------- Kurtis A. Clifton Amanda D. Clifton CORNER I I STATE OF TEXAS N I COUNTY OF COLLIN: z \ 1 BEFORE ME, the undersigned authority, a Notary Public in and for Collin County, Texas, personally appeared the LOT 5 w� 1 persons whose names are subscribed to the foregoing instrument and they acknowledged same for the purposes 1 v and considerations therein expressed and in the capacity indicated hereon. 12.68'-----___ I GIVEN UNDER MY HAND AND SEAL OF OFFICE this ---- day of -----------, 20 _. W ____ _--- 0o N 84i4'12_E 330_16_ 150.61 ' S 84 ILI4 E 255.78' F 06 y ', Raymond A. King V. 1578, P. 889 Notary Public in and for Collin County, Texas 0 LOT 6 VARIABLE WIDTH D.E. 0 `" 1 D. R. C. C. T. o��e�� 0�9' 8 W N 166.39 149.96 270.32 G P� P 60�9!0 �2 N89 2659 "E, 617. 09 �% it II o SURVEYOR'S CERTIFICA TE P pR REo10000 �,N o 1, David Apple, Registered Professional Land Surveyor, State Texas, hereby that the PSE ��1 O I of certify Q�` 1g0 �� description and plat hereon are taken from actual measurements upon the ground and are LOT 7 FL true and correct to the best of my knowledge and belief this____ day of ___________,E'.S T T "W 20 _, And the monuments shown thereon have been found or set by me and their location, described 1 size and material are correctly shown. o I _ DAVID APPLE ' 15' U.E. ;—� ------------------------------------- o 1:9311 David Apple R. P. L. S. No. 5932 '0 o� � `�yo I 5TA TE OF TEXAS. U R� LOT 8 LOT 4 ; I N 1 COUNTY OF COLLIN: ti J.JJ28 ACRES ' 1 ,i NI I REF. VOL. 1390, PG. 595 60 R. 0. W. BEFORE ME, the undersigned authority, a Notary Public in and for Collin County, Texas, personally appeared DAVID APPLE, subscribed to the foregoing instrument and he acknowledged 145,177 S.F. '� I I�� V g MIN. FF EL. I same for the purposes and considerations therein expressed and in the capacity indicated hereon. SoR R 36 676.3' it I 11 I � LOT 9 �Poo ` G� I t1 I 1 Jeff.M Chandler Doc. No. 20180102000002410 GIVEN UNDER MY HAND AND SEAL OF OFFICE this ___day of __---------- 20 _. JS S� R P till I \ 0. P.R. C. C. T. Notary Public in and for Collin County, Texas Pg 20' D.E. '� \ CERTIFICA TE OF APPR0 VAL — — — — — — — — — — — — — — — — — — — 52'01 'E — — — Approved, this ___ day of ____---------- 20 _, by the City Council of the City of Anna, Texas SO ^� 10.08 LOT 10 17.14' 622.07' o — — — — — S89 26S9 "W, 652.07, 1/2" lP W/BLUE ------------------------- Mayor City Secretary PLACE OF PLASTIC CAP BEGINNING MARKED APPLE Christopher Phillips and wife 5932 CONTROLLING z Amanda Phillips MONUMENT Doc. No. 2008070J0008174JO 0. P. R. C. C. T. 1/2 /PF SEC LOT 10, BLOCK 3, PARK PLACE at ANNA, PHASE 1, REF. DOC. NO. 20190227010000970 (2019-155) O.P.R. C. C T 0 Q 4 RESIDENTIAL L 0 TS Health Department Certification: MINOR PLA T NOTE.- IMPROVEMENTS NOT SHOWN / hereby certify that the on —site sewage facilities described on this plat QUAIL CREED RUN PLA CE conform to the applicable OSSF laws of the State of Texas, that site evaluations have been submitted representing the site conditions in the L 0 TS 1, 2, 3 & 4, BLOCK A, L E G E N D area in which on —site sewage facilities are planned to be used. AN ADDITION TO COLLIN COUNTY, TEXAS SCALE 1" = 50' O 1/2" IPF 1/2" IRON PIN FOUND ETJ ANNA, TEXAS O 1/2" IPS 1/2" X 18" IRON PIN SET 8.616ACRES (375,313 SF) IN THE ROBDRT A. JOHNSON SUI?W-Y, WITH BLUE PLASTIC CAP MARKED APPLE NO. 5932 Registered Sanitarian or Designated Representative ABSTRACT NO. 479 AND J. SLA TER SURVEY, ABSTRACT NO. 868 D. E. PROPOSED DRAINAGE EASEMENT Collin County Development Services COLLIN COUNTY, TEXAS SURVEYOR.• U.E. PROPOSED UTILITY EASEMENT OWNER.• David Apple, RPLS ESMT. PROPOSED EASEMENT Kurtis A. Clifton and ROW RIGHT OF WA Y Amanda D. Clifton 402 South Morrow Street 50 0 50 BL BUILDING LINE 10464 C.R. 671 Blue Ridge, Texas GRAPHIC SCALE Blue Ridge, Texas 75424 75424 BEARINGS BASED ON NAD 83, North Central Texas Zone 4202 972-832-6968 469-667-3430 C: \DWG19\QUAIL CREEK RUN\QC-O-MAINDWG D.B. SKGW/CA/DA 12-16-2019 DATE 9-19-2019 rev 12-27-2019 THE CITY OF Anna AGENDA ITEM: Item No. 5.d. City Council Agenda Staff Report Meeting Date: 1 /14/2020 Approve a Resolution approving the Anna Town Center Addition, Block A, Lots 6R, 9, 10, & 11 site plan. (Director of Development Services Ross Altobelli). SUMMARY: Four vacant lots on 38.9± acres located at the southeast corner of U.S. Highway 75 and Hackberry Drive. Zoned Planned Development-648-2014-General Commercial (PD-648-2014- C2). Strategic Connection This items supports the City of Anna Strategic Plan, specifically advancing: Goal 2: Sustainable Anna Community Through Planned, Managed Growth STAFF RECOMMENDATION: Recommended for approval as submitted. ATTACHMENTS: Description Upload Date Type Location Map 1 /7/2020 Backup Material Resolution w/ Exhibit 1 /7/2020 Resolution 0 1- -1 W-I -I _k Ak -Ab4,Tl TO Preliminary Replat Anna Town Center Addition, Block A. Lots 6R. 9. 10. & 11 THE CITY OF Site Plan- Anna Town Center, Block A, Lots 6R, 9, 10, & 11 a LU E:1 a w W W ,V U Z z f�11 CIO r �AQ1HILLSIDE DR k - WIL'EY FARM THE CITY OF N Afth Proposed Site = Parcels 0 250 500 1,000 Feet W,WHITE STD � January 2020 L Plann in 8 Development\Proiect Rev iew\Anna Town Center Addn, BL A, Lts 6R. < CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A SITE PLAN FOR ANNA TOWN CENTER, BLOCK A, LOTS 6R, 9, 10, AND 11. WHEREAS, In order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the "City Council") has adopted Article 9.04 the Anna City Code of Ordinances ("Zoning Ordinance"); and WHEREAS, Q Seminole Anna Town Center, has submitted an application for approval of a site plan for Anna Town Center, Block A, Lots 6R, 9, 10, and 11; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval of Site Plan The City Council hereby approves the site plan for Anna Town Center, Block A, Lots 6R, 9, 10, and 11 attached hereto as Exhibit A. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 141 day of January 2020. ATTEST: APPROVED: City Secretary, Carrie L. Land Mayor, Nate Pike b 0 H 80 9 El El 0 0 E') 0 80 0 B 80 8� N oU) o I1 o w b z o El o a� q � U ® da a z Elaz o n8a HW El m 8 o m H dm�3 ®�z�w ❑�a� P 17 o �aoYU w m ¢w¢¢ wm U)flz ��+ o- 00 �x ,a00 I I I I I I I I 1 I 1 I I I 1 1 I I 1 1 I I 1 I 1 1 I ' I 1 1 1 1 1 1 I I 1 1 I 1 I 11 '' TE T I f lv I Q I• I! I! Oj I I I ' W LL Q F— O Z I— 1 1 I I I 1 r O 2 IL rr o �o ; I I I f I m ;( I _W , m I r ; I I I I 0 I I ^ vc i ! r'�lllllllllll%� ! I i mi i111 IIIIIII;' l ; -, EO.E[FIRELANE, ACCESS, UTILITY AND DRAINAGE INSTRO. NO. L01 ED6E0006E7DE) o I 4/II11I �WI r I1 1 1 1 I I I� 37 1 3" / HACKBERRY DRIVE - - - - I RO1:01:100 - (80' RIGHT-OF-WAY) — I I LEE63.011 _ - -- - - - 77777-11 I CB S7 0 39"W - E9.11EL# N 9 0 9"W _ C o11oa 1111 37 1 3" w _ W 1" R113oa00❑ Ro'311a00❑ 100.00 N 0 L11o11.0❑ ij o f, CB N76 09 7"E CB S7 0 39"W + 3 "w � L�EC3.37 / rn BLOCK A, LOT 7 /� ANNA TOWN CENTER ❑ - C1111)7.39 C 37.7311/ w _ _ � �� VOL. 2019, PG. 776 r I P.R.C.C.T. 10 3 / cm 1003 0 "W L1131 EL ELECTRIC AND ACCESS ' . �7� N Roo) a00 ❑ z f j EASEMENT CITY OF ANNA, TEXAS -CB N7 31 37"E INST. NO. DD111D6L3000707300 C E30 O.P.R.C.C.T. EEIBUILDING LINE % DDEPERMANENT WATER EASEMENT CITY OF ANNA, TEXAS I rn� INST. NO. EO1 DD6C30007L73 0 J I R.P.R.C.C.T. I ; CAD I I I , 1 I; I 1 ; I I I , 1 , 1 , � I I I I 1 � 1 I I II I I 1 , I I , I I 1 , 1 , 1 , I I 1 I' I ' I I I I 1 1 I 1 i i 4 c) 1 � 0 1 , I, I, 1 I! w I c I 1 1 1 I I ' Z I � I I I I i 11 _ I 1 I I 1 � 1 I I 1 I , � 1 1 , 1 , I , I , I , 1 , I 1 , 1 1 1 , I I ' I Q I 1 I 1 , f -W 1 ; I1 I M 11111BUILDING LINE rn O PERMANENT WATER Z I EASEMENT CITY OF ANNA, TEXAS INST. NO. FO1 L06a30007 7310 I R.P.R.C.C.T. II �I I I ISEE SP-❑FOR I DETAILS I � I - I I o 1 I ' I I , I co Co Lo 1 W PROP. 36CFIRE LANE, I I ACCESS, UTILITY, AND DRAINAGE EASEMENT ? I I I 10111101111/ATER EASEMENT II IBLOCK A I BLOCK A, LOT 6R 3 17 1" Ro39a001 L11C9ELE91 CB S 13 3"W C EE91. EEI 10' DRAINAGE EASEMENT VOL. 2019, PG. 776 P.R.C.C.T. DOd_ANDSCAPE EASEMENT VOL. C019, PG. 776 P.R.C.C.T. o11EBUILDING LINE r BLOCK A, LOT 5 ANNA TOWN CENTER VOL. 2019, PG. 776 IP.R.C.C.T. II \ l I ANNA TOWN CENTER RE39aOO❑ �\ \ LOT 11 I VOL. DD19, PG. 776 LC336.97❑ L,AP.R.C.C.T. I 099 S.F. EONED PD ORD. 611E C01 ❑ CBS 3 1 3 "E 1 E®111mRAINAGE LAND USE: COMMERCIAL I I EASEMENT / 10mRAINAGE \ EASEMENT N /� /1 / VOL. C019, PG. 776 \ o I 3 0 'Vy P.R.C.C.T. \ \ iu I BLOCK A, M � LOT 10 \ 10 WATER \ co I ^ / 0.967 AC. co EASEMENT \ M I^`� oq1 C1 S.F. VOL. 019, PG. 776 \ 10 10d/VATER e P.R.C.C.T. IEASEMENT M o01NATER \ \ I 1 C 1 DRAINAGE 1 0' EASEMENT EASEMENT N RE11E00❑ INST. NO. \ 31 39"I g 06 � � I— LE30.E3❑ 001011030013903oD R 33 .00 1' I E N 3 0 "w CB S16 11"W ^ �� O.P.R.C.C.T. L--3.7_- C1130.7011 \CB N 0 0 "W — — — -- -- -- — CODla33❑ S 11 13"W VARIABLE WIDTH 111 60❑ — — — — — — — — e 10mRAINAGE EASEMENT VOL. DD19, PG. 776 P.R.C.C.T. —/ EXHIBIT A PAGE 1 OF 2 GRAPHIC SCALE IN FEET 0 50 100 200 LEGEND PROPERTY LINE SAWCUT LINE ----------- PROPOSED CURB SITE DATA SUMMARY TABLE LAND USE COMMERCIAL ONING (PD) ORD. 611E-001 ❑ LOT AREA GROSS TOTAL IMPERVIOUS AREA 1,69goDoS.F. (3a1111oA.C.) 9, S.F. VICINITY MAP HACKBERRY DR. co NORTH a J SUBJECT 07 PROPERTY z O F Ir O Y v 0 THROCKMORTON CREEK co FM 455 FM 455 N.T.S SITE PLAN ANNA TOWN CENTER INFRASTRUCTURE IMPROVEMENTS BLOCK A, LOTS 6R, 9, 10, AND 11 3 . A.C. THOMAS RATTON SURVEY, ABSTRACT NO. 7LC W.S. RATTON SURVEY, ABSTRACT NO. 7-1— CITY OF ANNA, COLLIN COUNTY, TEXAS SUBMITTED: DECEMBER 4, 2019 OWNER: ENGINEER -SURVEYOR: Q SEMINOLE ANNA TOWN CENTER, LP KIMLEY-HORN AND ASSOCIATES, INC. 111 WESTCHESTER DR., SUITE 00 13 NOEL ROAD, TWO GALLERIA DALLAS, TX 7 OFFICE TOWER, SUITE 700 PHONE: 111 - -3 9 DALLAS, TEXAS 7L 0 CONTACT: BRIAN BISCHOFF PHONE: 97a770-1300 CONTACT: COE FRACCARO, P.E. it �■.■ W z oQ ~ W M I rn Lu W 00 � LL � Q 0 p o r� r� � U O Lu � X O Q JQ �z z Q J p CD E O Q z > 0 — lY C) C)O- W J WQ) - rn Y } — j W z Y O p rn o � Ll M THE SITE PLAN IS FOR CITY REVIEW ONLY TO ILLUSTRATE COMPLIANCE WITH ONING AND DEVELOPMENT REGULATIONS. IT IS NOT INTENDED FOR CONSTRUCTION PURPOSES. � LL Q of LL Q U c0 M O Q W CD � a- Q Q m } m Q (.fl Y C) z 0 z � w U � 0 0 U W J z z X w UoLu LL z ~ a z Q LL 0 ,,,; L o a ILL w L: U z _ z0 v J z J 0— W m SHEET NUMBER Sp-1 I 1 1 I ' I r 1 1 1 1 , , 1 1 I , , 1 1 1 , I I I I 1 1 1 I 1 1 1 I 1 1 f f 1 I I 1 1 1 I I I b 0 H 80 0 0 0 0 8 0 9 0 0 d H 0 9 0 m H 8 0 8 0 m o W o w O = co b g o f� o E2 E d J q � U ® C7 Q 0 �Zo Q Z �3 � oow 8 awo~ 0 8 0 H dm�3 0 El 3: w 17 o }y �mYU �ium=w > wm 'w, ��az (�w HHC�U �x ,a00 CALLED STAT INST. NO. 201704( REFER TO DRIVEWAY PERMIT PLANS BY KIMLEY-HORN DATED NOVEMBER, 2019 FOR ANNA TOWN CENTER LOTS 9-11 US 75 NORTHBOUND FRONTAGE RD. DRIVEWAY & DECEL. LANE 1/4 MILE NORTH OF FM 455 I I IEXHIBIT A Lu I I I I 1 I VISIBILITY,I PROP. FUTURE CONN ACCESS, AND k ECTION C�TYPE III TRAFFIC PAGE 2 OF 2 MAINTENANCE ' ❑ BARRICADE PER CITY I I II n ^N CAC�AC�IT I PROP 7" CONC PAVEMENT i i i i i i 6" CURB AND GUTTER PER CITY DETAILS (TYP.) PROP. 36' FIRE LANE, ACCESS, UTILITY. AND DRAINAGE EASEMENT PROP. / SSWR MH i i A=14"58'05" R=118.00' L=30.83' CB=S16°42'11 "W C=30.74' III PROP. / SSWR MH R136.0' S24° 11' 13"W 41.60' IF7- BLOCK A, LOT 6R ANNA TOWN CENTER VOL. 2019, PG. 776 P.R.C.C.T. ZONED (PD) ORD. 648-2014 LAND USE: COMMERCIAL 15' DRAINAGE EASEMENT PROP. STORM - OUTFALL UCxL - U(aE GRAPHIC SCALE IN FEET 0 15 30 60 LEGEND PROPERTY LINE SAWCUT LINE ----------- PROPOSED CURB SITE DATA SUMMARY BLOCK A, LOT 6R ANNA TOWN CENTER VOL. 2019, PG. 776 P.R.C.C.T. ZONED (PD) ORD. 648-2014 LAND USE: COMMERCIAL 15' DRAINAGE EASEMENT PROP. STORM - OUTFALL UCxL - U(aE GRAPHIC SCALE IN FEET 0 15 30 60 LEGEND PROPERTY LINE SAWCUT LINE ----------- PROPOSED CURB SITE DATA SUMMARY TABLE LAND USE COMMERCIAL ONING (PD) ORD. 611a1101 ❑ LOT AREA GROSS TOTAL IMPERVIOUS AREA 1,69goDoS.F. (3aDooA.C.) 9, S.F. VICINITY MAP HACKBERRY DR. co NORTH a J SUBJECT 07 PROPERTY z O F Ir O Y U 0 THROCKMORTON CREEK co FM 455 FM 455 N.T.S SITE PLAN ANNA TOWN CENTER INFRASTRUCTURE IMPROVEMENTS BLOCK A, LOTS 6R, 9, 10, AND 11 3 . A.C. THOMAS RATTON SURVEY, ABSTRACT NO. 7LC W.S. RATTON SURVEY, ABSTRACT NO. 7-1— CITY OF ANNA, COLLIN COUNTY, TEXAS SUBMITTED: DECEMBER 4, 2019 OWNER: Q SEMINOLE ANNA TOWN CENTER, LP 111 WESTCHESTER DR., SUITE 00 DALLAS, TX 7 PHONE: [i1 - -3 9 CONTACT: BRIAN BISCHOFF ENGINEER SURVEYOR: KIMLEY-HORN AND ASSOCIATES, INC. 13 NOEL ROAD, TWO GALLERIA OFFICE TOWER, SUITE 700 DALLAS, TEXAS 7L 0 PHONE: 97 a770-1300 CONTACT: COE FRACCARO, P.E. zl W O Q Z ~ W M rn Lu W LL 0) Q O E] � ~ O Lu C X O Q JQ �Z z Q J O o 0 O Q Z 0 - o o- W J Q) W w rn Y - W W Z Y O O rn o Q � Ll M THE SITE PLAN IS FOR CITY REVIEW ONLY TO ILLUSTRATE COMPLIANCE WITH ONING AND DEVELOPMENT REGULATIONS. IT IS NOT INTENDED FOR CONSTRUCTION PURPOSES. � Q of Q U c0 M O Q W CD � aQ Q m } m Q c0 z z w Y Q U in Lu a 0 w _ cn 0 0 U W J z z Q w Uo°zLu II....�L X z L z a �/ Q Z LL 0 ,,,; L o a ILL w L: U z _ z0 v J z nJ W m SHEET NUMBER SP-❑ THE CITY OF Anna AGENDA ITEM: Item No. 5.e. City Council Agenda Staff Report Meeting Date: 1 /14/2020 Approve a Resolution renewing an existing agreement to provide ambulance transport services through the Collin CountyAMR contract. (Chief Isom) SUMMARY: Strategic Connection This items supports the City ofAnna Strategic Plan, specifically advancing: Goal 3: Anna -A Great Place to Live STAFF RECOMMENDATION: Staff recommends approval. ATTACHMENTS: Description Upload Date Type Ambulance Service Agreement Executed 12/17/2019 Backup Material FY20 Contract Amendment No. 1 - Renewal 12/17/2019 Backup Material ExhibitA FY20 EMS Final Funding 12/17/2019 Exhibit INTERLOCAL AGREEMENT FOR THE PROVISION OF AMBULANCE SERVICES This INTERLOCAL AGREEMENT for the provision of Ambulance Services ("Agreement") by Collin County, Texas a political subdivision of the State of Texas (hereinafter referred to as "County") and the Cities of Anna, Blue Ridge, Farmersville, Josephine, Lowry Crossing, Melissa, Nevada, Princeton, and Weston (collectively known as the "Northern and Eastern Coalition" and individually as "Member") each a local government of the State of Texas. RECITALS WHEREAS, Pursuant to the authority granted by V.T.C.A. Government Code, Title 8, Chapter 271. Subchapter F, Section 271.102 and Title 7. Chapter 791, Subchapter C, Section 791.025, and WHEREAS, County has entered into an agreement with an ambulance service provider ("Vendor") pursuant to the contract Services, Emergency Medical, RFP No. 2018-139 ("Ambulance Contract"), and WHEREAS, each Member of the Northern and Eastern Coalition desires to participate in the purchase of the services described in the Ambulance Contract; and WHEREAS, County and the Northern and Eastern Coalition believe that the cooperative purchase of the services benefits the citizens of both County and Northern and Eastern Coalition, and NOW, THEREFORE, in consideration of the above recitals, the mutual promises that follow and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties to this Agreement do hereby represent, warrant. covenant and agree as follows: L Term of Agreement 1.1 This Agreement shall become effective on November 1, 2018, ("Effective Date"), regardless of when this Agreement is executed by the Member authorized representatives. 1.2 The term of this Agreement shall begin on the Effective Date and shall continue in full force and effect through and including October 31, 2019 with the option to renew for four 4) additional one (1) year periods. 1.3 A Member or County may terminate this Agreement, with or without cause, before end of the current term by providing the other Party one -hundred and forty (140) days written notice to the other Party. II. Relationship of Parties 2.1 County, its agents, employees, volunteer help or any other person operating under this agreement shall not be considered an agent or employee of any Member, nor shall any Member, its agents, employees, volunteer help or any other person operating under this agreement be considered an agent or employee of Collin County. III. Services 3.1 Vendor will provide services to the County and the Northern and Eastern Coalition in accordance with the Ambulance Contract. 3.2 Each Member will appoint a representative to the EMS Advisory Board. The EMS Advisory Board meets quarterly to discuss the Ambulance Contract. IV. Payment of Services 4.1 Each Member agrees to pay for the Services each year in the amount determined by the following formula: Total price for Services for the year DIVIDED BY the total population of the Coalitions as determined by population estimate models from COUNTY equals the rate per person for services. The rate per person is MULTIPLIED by the total population of each Member as detennined by the North Central Texas Council of Governments ("NCTCOG") annual population report for the year for of that member. 4.2 County agrees to pay for the Services each year in the amount detennined by the same formula: Total price for Services for the year DIVIDED BY the total population of the Coalitions as determined by population estimate models from COUNTY equals the rate per person for services. The rate per person is MULTIPLIED by the total population of the Unincorporated area as determined by the North Central Texas Council of Governments ("NCTCOG") annual population report for the year for of that member. 4.3 County agrees to pay the Vendor the total amount owed for services as required by the Ambulance Contract, on the condition that each Member reimburses County for amounts each Member owes pursuant to this Agreement. The County will invoice each Member quarterly in accordance with Exhibit A. 4.4 See attached for "Exhibit A" which shows the amounts owed, pursuant to section 4.1 and 4.2 by each Member and County for the first year of the Term of this Agreement which begins on November 1, 2018 and ends on October 31, 2019. This Exhibit "A" is incorporated herein. 4.5 Each Member and County shall make payments hereunder from current revenues available to each party. 4.6 In the event a Member terminates its participation in this Agreement, (the " Withdrawing Member"), the remaining Members hereby acknowledge and agree that the amount that would have been paid by the Withdrawing Members shall be paid by the remaining Members and County collectively on a per capita basis. 4.7 In the event the Vendor of the Ambulance Contract is assessed damages, Member will receive a discount based upon the population percentage (calculated on Attachment A) on their next quarterly payment. V. Notice 5.1 Any notice required by this Agreement to County shall be sent to the following address: Collin County Purchasing Department 2300 Bloomdale, Suite 3160 McKinney, TX 7.5071 5.2 Any notice required by this Agreement to a Member shall be sent to the address stated in each Member's signature. V1. Miscellaneous 6.1 Entire Agreement Severability. This Agreement contains the entire agreement between the Parties and this Agreement supersedes any prior oral or written understandings and agreements. This Agreement shall not be modified or amended except in writing signed by the Parties. The invalidity, in whole or in part, of any paragraph of this Agreement shall not affect the validity of the remainder of the Agreement or paragraph. 6.2 Government Law. This Agreement shall be governed by the laws of Texas. Any litigation in any way relating to this Agreement shall be brought in State court in Collin County, Texas. 6.3 Non -Waiver. Any failure by a Party to insist upon strict performance by another Party of any material provision of this Agreement shall not be deemed a waiver thereof, and the Party shall have the right at any time thereafter to insist upon strict performance of any and all provisions of this Agreement. No provision of this Agreement may be waived except by writing signed by the Party waiving such provision. Any waiver shall be limited to the specific purposes for which it is given. No waiver by any Party of any term or condition of this Agreement shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. 6.4 Counterparts. This Agreement may be executed in a number of counterparts, each of which shall be deemed an original and constitute one and the same instrument_ 6.5 Authority. The undersigned officers of the Parties by executing said document acknowledge that they and/or their respective government bodies have reviewed and approved this Agreement in full compliance with their respective bylaws, policies and the laws of the State of Texas. The persons executing this Agreement represent and warrant they possess the requisite authority to do so on behalf of the persons and entities set forth below. 6.6 Indemnification. To the extent allowed by law, each party agrees to release, defend, indemnify, and hold harmless the other (and its officials, officers, agents, and employees) from and against all claims or causes of action for injuries (including death), property damages (including loss of use), and any other losses, demands, suits, judgments and costs, including reasonable attorneys' fees and expenses, in any way arising out of related to, or resulting from its performance under this Agreement, or caused by its negligent acts or omissions (or those of its respective officials, officers, agents, employees, or any other third parties for whom it is legally responsible) in connection with performing this Agreement. 6.7 Amendment. This Agreement shall not be amended or modified other than by written agreement signed by the parties. IN WITNESS WHEREOF, THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT AS OF THE DAY AND YEAR FIRST ABOVE WRITTEN. "COUNTY" COLLIN COUNTY AS NAME: QN ry, i)11 TITLE: Nu4 � 1-1..4 ii�,� DATE: 2.9 J ANI 2-0 l9 "MEMBER" AGENCY: CITY OF ANNA BY: NAME: RAYMOND L . ISOM TITLE: INTERIM FIRE CHIEF DATE: 12/20/2018 MEMBER CONTACT INFORMATION FOR NOTIFICATIONS: Address: 305 S . POWELL PKWY . City: ANNA Zip Code: 75409 Contact Person: RAY ISOM Phone Number: 9 7 2— 92 4 —214 3 Email Address: risom@annatexas.gov - ~\ Office of the Purchasing Agent Collin County Administration Building COL 1 N COUNN Contract Amendment One (1) 2300 Bloomdale Rd, Ste 3160 TY P, McKinney, TX 75071 972-548-4165 Vendor: City of Anna Effective Date 11/1/2018 Attn: City Secretary Contract No. 2019-086 111 N Powell Pkwy, P.O. Box 776 Anna, TX 75409 Contract Ambulance Services Agreement, Anna Awarded by Court Order No.: 2019-061-01-28 Amendment 1 Court Order No.: YOU ARE DIRECTED TO MAKE THE FOLLOWING AMENDMENT TO THIS CONTRACT 1. Extend contract for a twelve (12) month period at the same terms and conditions of the contract of November 1, 2019 through October 31, 2020 2. Payment for contract year November 1, 2019 through October 31, 2020 is $122,247.25. Payment will be made quarterly in four (4) equal installments of $30,561.81 due per the agreement. Except as provided herein, all terms and conditions of the contract remain in full force and effect and may only be modified in writing signed by both parties. ACCEPTED BY: ACCEPTED AND AUTHORIZED BY AUTHORITY OF COLLIN COUNTY (Print Name) COMMISSIONERS' COURT SIGNATURE TITLE: DATE: Collin County Administration Building 2300 Bloomdale Rd, Ste 3160 McKinney, Texas 75071 Michalyn Rains, CPPO, CPPB Purchasing Agent DATE: EXHIBIT A FY 2020 EMS CONTRACT Fire District /City Unincorporated Incorporated %of EMS City Annual Quarterly Agenda Pop TOTAL AREA (ML) Coalition Provider Cost Payment 1 County Costs Contract # Item # ANFD Anna 2,042 13,949 17.32% 15,991 43.58 Northern AMR $122,247.25 $30,561.81 $17,895.83 2019-086 Pending Signature BLFD Blue Ridge 2,900 1,010 1.25% 3,910 69.71 Eastern AMR $8,851.51 $2,212.88 $25,415.23 2019-087 45879 BRFD Branch* 3,524 - 0.00% 3,524 8.32 Eastern AMR $0.00 $0.00 $30,883.88 NA NA FVFD Farmersville 4,577 3,085 3.83% 7,662 80.00 Eastern AMR $27,036.55 $6,759.14 $40,112.24 2019-088 45880 JOFD Josephine 2,332 1,896 2.35% 4,228 32.39 Eastern AMR $16,616.30 $4,154.08 $20,437.35 2019-089 45881 LCFD Lowry Crossing 1,235 1,742 2.16% 2,977 1 12.09 Eastern AMR $15,266.67 $3,816.67 $10,823.38 2019-090 45882 MSFD Melissa 2,567 10,586 13.14% 13,153 1 28.05 Northern AMR $92,774.35 $23,193.59 $22,496.86 2019-091 45883 NVFD Nevada 3,026 1,235 1.53% 4,261 29.24 Eastern AMR $10,823.38 $2,705.85 $26,519.48 2019-092 45884 PNFD Princeton 4,278 13,261 16.46% 17,539 53.30 Eastern AMR $116,217.71 $29,054.43 $37,491.84 2019-093 45885 RSFD Royse City 921 2,128 2.64% 3,049 13.73 Eastern AMR $0.00 $0.00 $8,071.53 NA NA WMFD Westminster* 1,914 - 0.00% 1,914 28.20 Northern AMR $0.00 $0.00 $16,774.05 NA NA WEFD Weston 2,019 331 0.41% 2,350 50.26 Northern AMR $2,900.841 $725.21 $17,694.26 2019-094 Pending Signature Total 1 31,335 1 49,223 161.10%1 80,558 1 448.861 1 1 $412,734.551 $274,615.93 TOTAL COST FOR SERVICES FOR THE YEAR - $706,000.00 Total Population Contract Rate Rate per person 80,558 $ 706,000.00 $ 8.76 * Westminster Fire District contains Anna annextations * Collin County is responsible for unincorporated Westminster and Branch * The incorporated portion of Royse City is covered by Rockwall EMS 12/09/2019 DRAFT UNTIL AWARD THE CITY OF Anna AGENDA ITEM: Item No. 5.f. City Council Agenda Staff Report Meeting Date: 1 /14/2020 Approve a Resolution authorizing a task order with Alliance Geotechnical for materials testing on the Municipal Complex project. (Director of Public Works Greg Peters, P.E.) SUMMARY: The City of Anna has an active construction project the new Municipal Complex located in downtown Anna. As a key component to all paving and building construction projects, analysis, testing, recommendations for soil conditions, and soil treatment are required to ensure a high quality finished product. Alliance Geotechnical Group has completed the first phase of geotechnical testing and analysis for the project. Phase 1 included the initial soil sampling and recommendations for the design of the foundation and paving. The site for the Municipal Complex has had many varied uses over the years, and soil conditions encountered during the early grading have demonstrated that unforeseen objects and conditions have been and will continue to be encountered as the project moves forward. It is critical to regularly sample and test the soil conditions during construction and provide the construction team with updates on the initial recommendations to ensure that the final product is a solid foundation which will stand the test of time. The attached resolution and task order authorizes Alliance Geotechnical Group to begin Phase 2 of their portion of the project, which includes materials testing, sampling, and recommendations throughout construction of the Fire Station, Municipal Building, and surrounding pavement. This task order will be funded through Municipal Complex Bond Funds. Strategic Connection This items supports the City ofAnna Strategic Plan, specifically advancing: Goal 4: High Performing, Professional City STAFF RECOMMENDATION: Staff recommends approval of a resolution authorizing a task order for materials testing on the Municipal Complex project. ATTACHMENTS: Description Upload Date Type Resolution and Task Order 1/6/2020 Staff Report CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A TASK ORDER WITH ALLIANCE GEOTECHNICAL GROUP FOR MATERIALS TESTING ON THE MUNICIPAL COMPLEX PROJECT IN AN AMOUNT NOT TO EXCEED ONE HUNDRED TWO THOUSAND FOUR HUNDRED EIGHTY-TWO DOLLARS AND FIFTY CENTS ($102,482.50); AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Municipal Complex Construction Project is listed as a capital improvement project in the City of Anna's Capital Improvement Plan; and, WHEREAS, the proposed materials testing is required for the construction of the Municipal Complex and to ensure proper subgrade and foundation construction for the proposed pavement and buildings; and, WHEREAS, Municipal Bond Funds shall be used to fund the task order in an amount not to exceed $102,482.50. 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. Authorization of Contracts and Funding. That the City Manager is hereby authorized to execute a task order with Alliance Geotechnical Group in a form approved by the City Attorney and fund the project using Municipal Bond Funds in an amount not to exceed $102,482.50. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 14t" day of January 2020. ATTEST: APPROVED: City Secretary, Carrie L. Smith Mayor, Nate Pike RLLlfil'ICE GCfOTECHnICRL CROUP January 3, 2020 Greg Peters Director of Public Works City of Anna Email: gpeters(a)-annatexas.gov GEOTECHNICAL ENGINEERING ENVIRONMENTAL CONSULTING CONSTRUCTION MATERIALS ENGINEERING AND TESTING Re: Anna City Hall/Municipal Court Building/Police Building Phase 2 Anna, Texas Engineering Inspection & Testing Services AGG Proposal No: P19-0403C Dear Mr. Peters: Alliance Geotechnical Group (AGG) is pleased to confirm our firm's interest in providing materials inspection and testing services for the proposed project noted above. A schedule of unit fees for this project is attached. Actual charges will be based on the contractors/client scheduling. After reviewing our fee schedule if you have any questions, please contact the undersigned at (214) 618-4100. If acceptable, please either sign below or issue a City of Anna Purchase Order/contract, and return to our office as our Authorization to Proceed. We look forward to the opportunity of working with you on this project. Respectfully submitted, ALLIANCE GEOTECHNICAL GROUP Douglas S. Land, P.E. J.K. Marthers Branch Manager Project Manager Approved by: Date: Signature 44b Mite go 7970 West Main Street • Frisco, Texas 75033 Tel:214-618-4100 • Fax:214-618-4110 • www.aggengr.com LA SCHEDULE OF FEES FOR CONSTRUCTION MATERIALS ENGINEERING & TESTING ANNA CITY HALL/MUNICIPAL COURT/POLICE BLDG PH 2 ANNA, TX AGG PROPOSAL NO.: P19-0403CR DESCRIPTION OF SERVICES QNTY UNIT FEE UNIT FEE A. PIER INSPECTION & TESTING • Full Time Eng. Technician for Pier Observations 320 @ • Full Time Eng. Technician for Pier Observations(over time) 160 @ • Concrete Test Cylinders (5 cyl. per set) 200 @ • Geotechnical Project Manager 24 @ • Vehicle Charge 40 @ $44.50 hour $14,240.00 $66.75 hour $10,680.00 $15.00 each $3,000.00 $95.00 hour $2,280.00 $35.00 trip $1,400.00 Sub -Total $31,600.00 B. UTILITY BACKFILL TESTING & INSPECTION • Moisture/Density Relationship of Soils (ASTM D-698) 3 @ $165.00 • Moisture/Density Relationship of Soils (ASTM D-1557) @ $185.00 • Atterberg Limits 3 @ $55.00 • Percent Finer than #200 Seive 3 @ $40.00 • In -Place Density Test* (ASTM D6938) ( 1 per 300 If/lift) 165 @ $15.00 • Concrete Test Cylinders (4 cyl. per set) 40 @ $15.00 • Sr. Engineering Tech to perform testing 110 @ $44.50 • Sr. Engineering Tech Overtime to perform testing @ $66.75 • Project Manager 9 @ $85.00 • Vehicle Charge 25 @ $35.00 each $495.00 each $0.00 each $165.00 each $120.00 each $2,475.00 each $600.00 hour $4,895.00 hour $0.00 hour $765.00 trip $875.00 Sub -Total $10,390.00 P19-0403CR SCHEDULE OF FEES FOR CONSTRUCTION MATERIALS ENGINEERING & TESTING ANNA CITY HALL/MUNICIPAL COURT/POLICE BLDG PH 2 ANNA, TX AGG PROPOSAL NO.: P19-0403CR DESCRIPTION OF SERVICES QNTY UNIT FEE UNIT FEE C. CONCRETE, REINFORCING STEEL, & POST TENSIONING INSPECTION & TESTING • Concrete Mix Design Review(as needed) @ $185.00 each $0.00 • Concrete/Reinforcing Steel Inspection & Testing 500 @ $44.50 hour $22,250.00 • Concrete/Reinforcing Steel Overtime 30 @ $66.75 hour $2,002.50 • Post Tensioning Inspection & Testing @ $55.00 hour $0.00 • Post Tensioning Overtime @ $82.50 hour $0.00 • Fire Proofing Inspection & Testing @ $55.00 hour $0.00 • Fire Proofing Overtime @ $82.50 hour $0.00 • Concrete Test Cylinder-Structura/Paving (5 cyls/100 cyd) 450 @ $15.00 each $6,750.00 • Project Manager 30 @ $85.00 hour $2,550.00 Building Compliance Letter by Professional Engineer @ $110.00 hour $0.00 • Vehicle Charge 94 @ $35.00 trip $3,290.00 Sub -Total $36,842.50 D. MASONRY INSPECTION & TESTING • Non -Shrink Grout Compression Test Cylinder ( 6 per set) @ $15.00 each $0.00 • Mortar Test Cubes ( 6-cubes per set) 90 @ $15.00 each $1,350.00 • Grout Test Prisms (6-prisms per set) 90 @ $15.00 each $1,350.00 • Masonry Inspection 90 @ $44.50 hour $4,005.00 • Masonry Inspection Overtime @ $66.75 hour $0.00 • Project Manager 7 @ $85.00 hour $595.00 • Vehicle Charge 15 @ $35.00 trip $525.00 Sub -Total $7,825.00 E. STRUCTURAL STEEL - FIELD INSPECTION • Field Inspection by CWI (5 hour min/trip) 180 @ $75.00 hour $13,500.00 • Material fee for Ultrasonic Testing @ $35.00 test $0.00 • Project Manager 15 @ $85.00 hour $1,275.00 • Vehicle Charge 30 @ $35.00 trip $1,050.00 Sub -Total $15,825.00 ESTIMATED TOTAL: $102,482.50 P19-0403CR SCHEDULE OF FEES FOR CONSTRUCTION MATERIALS ENGINEERING & TESTING ANNA CITY HALL/MUNICIPAL COURT/POLICE BLDG PH 2 ANNA, TX AGG PROPOSAL NO.: P19-0403CR DESCRIPTION OF SERVICES QNTY UNIT FEE UNIT FEE NOTES: 1. Overtime rates of 1.5 times the regular hourly rate will be charged for hours worked over eight (8) hours per day Monday thru Friday or any time before 7:00 a.m. or after 5:00 p.m. Service performed on Saturdays and Sundays will be billed at 1.5 times the regular hourly rate. Services performed on recognized holidays will be billed at 2.0 times the regular hourly rate. 2. All laboratory test fees are F.O.B. our laboratory; additional charge for sample pickup may apply. 3. Any additional tests will be billed on a hourly rate and charged at the applicable rate, portal-to-portal. 4. Additional test not specified in this proposal will be quoted upon request. 5. This proposal does not include any technician stand-by, non -readiness charges, and/or trips or re -tests of the previous failing tests. 6. The above unit rates are based on similar previously completed projects 7. The above fee estimate is based on the following schedule ASSUMPTIONS: Drilled Pier observation - 40 estimated site visits Fire Station grade beams - 10 estimated site visits • City hall grade beams and pier caps - 25 estimated site visits • City Hall and Fire Station floor slabs - 5 estimated site visits • Fire Station Mezzanines - 6 estimated site visits • City Hall 2nd level floor slab - 8 estimated site visits • Masonry testing and inspection - 15 estimated site visits • Site utilities (includes concrete testing for utility structures) - 20 estimated site visits • Concrete paving testing - 15 estimated full-time site visits • Structural steel inspections - 30 estimated site visits • Sidewalk testing - 10 estimated site visits • Concrete cylinder pick-up - 20 estimated site visits Note 1: The above fees do not include testing and inspection for fire proofing or floor flatness testing. These services can be quoted upon request. Note 2: The above fees are estimates only. Actual charges will be based on contractor scheduling and actual quantities during construction. P19-0403CR THE CITY OF Anna AGENDA ITEM: Item No. 5.g. City Council Agenda Staff Report Meeting Date: 1 /14/2020 Approve a Resolution of the City of Anna, Texas authorizing the City Manager to execute a Ratification of Correction Easement and a Ratification of Correction Special Warranty Deed related to a dedication of a permanent water easement and a dedication of public right of way by and between the City of Anna, Texas, and QJ R Partnership; and providing for an effective date. (Director of Public Works Greg Peters, P.E.) SUMMARY: QJ R Partnership dedicated a Permanent Water Easement (Document Number 20170123000094990) and Real Property (Document 20170123000094980) to the City of Anna in the Official Public Records of Collin County, Texas in 2017. It was later determined that there was incorrect information in both documents relating to the legal description and exhibits. QJ R Partnership filed a Correction to the Permanent Water Easement (Document Number 20191220001627040) and a Correction to the Special Warranty Deed (Document 20191220001627030) to the City of Anna in the Official Public Records of Collin County, Texas in 2019. The Texas Property Code requires that all parties to a conveyance instrument ratify by signature any material correction to such conveyance instrument. Due to this requirement, formal action by the City is required. City Council approval is required for this item since it involves real property dedicated to the City of Anna. Staff has reviewed the attached Correction Deed and Correction Easement documents and find the corrected documents to be corrected forms of the original intended dedication. STAFF RECOMMENDATION: Staff recommends approval of a Resolution of the City of Anna, Texas authorizing the City Manager to execute a Ratification of Correction Easement and a Ratification of Correction Special Warranty Deed related to a dedication of a permanent water easement and a dedication of public right of way by and between the City of Anna, Texas, and QJ R Partnership; and providing for an effective date. ATTACHMENTS: Description Upload Date Type Resolution with exhibit 1/10/2020 Resolution CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A RATIFICATION OF CORRECTION EASEMENT AND A RATIFICATION OF CORRECTION SPECIAL WARRANTY DEED RELATED TO A DEDICATION OF A PERMANENT WATER EASEMENT AND A DEDICATION OF PUBLIC RIGHT OF WAY BY AND BETWEEN THE CITY OF ANNA, TEXAS, AND QJR PARTNERSHIP; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, QJR Partnership dedicated a Permanent Water Easement (Document Number 20170123000094990) and Real Property (Document 20170123000094980) to the City of Anna in the Official Public Records of Collin County, Texas in 2017; and, WHEREAS, QJR Partnership filed a Correction to the Permanent Water Easement (Document Number 20191220001627040) and a Correction to the Special Warranty Deed (Document 20191220001627030) to the City of Anna in the Official Public Records of Collin County, Texas in 2019; and, WHEREAS, Texas Property Code requires that all parties to a conveyance instrument ratify by signature any material correction to such conveyance instrument; and, WHEREAS, the City has reviewed the attached Correction Deed and Correction Easement documents and find the corrected documents to be corrected forms of the original intended dedication; and, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Authorization of Contracts and Funding. That the City Manager is hereby authorized to execute a Ratification Of Correction Easement document and a Ratification Of Correction Special Warranty Deed document on behalf of the City of Anna, Texas. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 14t" day of January 2020. ATTEST: APPROVED: City Secretary, Carrie L. Smith Mayor, Nate Pike Exhibit A (see following pages) Connie Smith From: Sent: To: Subject: Attachments. Good afternoon: David Flores Monday, January 06, 2020 3:47 PM Connie Smith RE: GF #19-419962-MM 20191220001627030 CORR DEED.pdf; 20191220001627040 CORR ESMT.pdf; 20191218001614920 ORD.pdf A bring to date has been performed on the above -referenced order. The new effective date is 12/20/2019. The following instruments were found of record: Correction Deed recorded in Doc No. 20191220001627030 Correction Easement recorded in Doc No. 20191220001627040, and; City Ordinance recorded in Doc No. 20191218001614920. Please note that he following requirement has been added to Schedule "C" for the correction deed and easement: Company requires the following instruments to be corrected in order to include the acknowledgement/joinder of the City of Anna: i) Correction Special Warranty Deed recorded in Document No. 20191220001627030, Real Property Records, Collin County, Texas, and; ii) Correction Easement recorded in Document No. 20191220001627040, Real Property Records, Collin County, Texas. The correction instruments represent material corrections. Material correction instruments must include the acknowledgement of all parties involved, including the grantee(s). These instruments do not contain the acknowledgement/joinder of the City of Anna. Please obtain UW /Management approval to forego this requirement and/or satisfy the requirement via other means. Please let me know if I may be of further assistance. Respectfully, David Flores Commercial Examiner 5800 Plano Parkway, Suite 220 � Plano, TX 75093 Office: (972) 682-2700 (Fax: (972) 682-2750 DFlores@ctot.com After Recording, Return To: City of Anna PO Box 776 Anna, TX 75409 RATIFICATION OF CORRECTION EASEMENT STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF COLLIN WHEREAS, by that certain Permanent Water Easement recorded under Document Number 20170123000094990, Official Public Records, Collin County, Texas, QJR PARTNERSHIP LTD, "Grantor" therein, conveyed certain easement property to the CITY OF ANNA, TEXAS, the "City" therein; and, WHEREAS, by that certain Correction Easement Permanent Water Easement recorded under Document Number 20191220001627040, Official Public Records, Collin County, Texas, Grantor corrected the Permanent Water Easement by replacing the Exhibit A portion of said document; and, WHEREAS, the City did not execute the Correction Easement Permanent Water Easement; and, WHEREAS, the Texas Property Code requires that all parties to a conveyance instrument ratify by signature any material correction to such conveyance instrument; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that the CITY OF ANNA, TEXAS does hereby RATIFY and AFFIRM that certain Correction Easement Permanent Water Easement recorded under Document Number 20191220001627040, Official Public Records, Collin County, Texas. Page 1 of 2 EXECUTED on the day of THE CITY OF ANNA, TEXAS By: (signat (name) (title) STATE OF TEXAS COUNTY OF COLLIN 20_ This instrument was acknowledged before me on the 20, by , TEXAS. PREPARED IN THE LAW OFFICES OF: McWILLIAMS & McWILLIAMS M3 Virginia Parkway, Suite 100 McKinney, Texas 75071 day of , of the CITY OF ANNA, Notary Public, State of Texas Page 2 of 2 THE PURPOSE OF THiS DOCUMENT IS TO CORRECT THE PERMANENT WATER EASEMENT, RECORDED IN COUNTY CLERK FILE NO.20170123000094990, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS, REPLACING THE EXHIBIT A PORTION OF THE DOCUMENT. CORRECTION EASEMENT PERMANENT WATER EASEMENT Date: Graator: Q1R Partnership LTD. Grantee: City of Anna, Texas, a municipal corporation Craator'a MaWog Address: Grantee's MaWng Address: 9262 County Road 419 P.O. Box 776 Anna, TX 75409.8205 Anna, Texas 75409 in Collin County, Texas Grantor's Property: The Grantoi s Property is a tract of land located in the P. T. Daflau Survey, Abstract to. 00288, conveyed to Q1R Partnership LTD by deed recorded in (nstntment Number 200202141100237330 and Volume 5106. Page 2380, of the Dced Records, Collin County, Texas, (DRCCT). PermaaeotWaterEasement: ThePermanent WaterEasement("Easement")isU.036acresofpropertywithin Grantor's Properly,said0.036 bcres being a strip of land of variable width. A metes and bounds legal description of the Easement is attached as Exhibit A. isementPurpose: Asmorefullydescribedherein, toconstructand use waterutility lines belowthesurface, togetherwith therightofingress d egress along, upon, over, under, and across Grantor's Property within the bounds of the Easement. nsiderationo Thesurn often dollars($ 10,00) andothergood and valuable consideration, thereceipt and sufficiency of whicharc acknowledged by Grantor. Grant of Easement: Grantor, forthe Consideration described herein, grants, sells, and convoys to Grantee and Grantee's heirs, successors and assigus, the Easement over, under, on and across Grantor's Property for the Easement Purpose, including the right ofconstruction, installation, reconstruction, operation, maintenance, replacement, altemlion, expansion, relocation, upgrade, repair, abandonment, removal and other associated uses of water utility lines together with all and singular the rights and appurtenances thereto in any way belonging, (collectively, the "Easement Rights"), to have and to hold the Easement Rights to Grantee and Grantee's heirs, successors and assigns Drover. Grantor binds Grantor and Grantors heirs, successors, and assigns to warrant and forever defend the title to the Easement and the asement Rights in Grantee and Grantee's heirs, successors and assigns against every person whomsoever lawfully claiming or to claim he Easement or any part of the Easement Rights, Grantee shall have the right to prevent excavation within the Easement; the right to vent construction of any and all buildings, structures or other obstructions which would endanger or interfere with the efficiency, safety, ind/or convenient operation of the aforementioned utility lines and their appurtenances; and the right to trim or remove trees or shrubbery vithin, but not limited to, said Easement, to the extent as may be necessary to prevent possible interference with the operation of said lines r their appurtenances, or to remove possible hazard thereto. of Easement:l'hc duration of the Easement is perpetual, until all of said facilities shall be abandoned, If abandoned, said shall cease grid all rights herein grunted shall terminate and raven to Grantor or Grantor's successors or assigns. uraclerof Easement: The Easement is appurtenant toand runswith the title to Grantor's Property, whelhcrornot the Easement is referenced described in any conveyance of all or such portion of Grantor's Property. F.Rectt 'this Easement binds and inures to the bcneflt of the parties and their respective heirs, successors, and pcnnilted assigns. (SIGNTURES PAGE FOLLOWS, REMAINDER OF THIS PAGE INTENTIONALLY LEFT HLANKJ IN WITNESS WHEREOF, this instrument is executed on this the A day ofAUA W; 2011 QJR Partnership LTD. aU, toms* n uniti o THE STATE OF TEXAS § COUNTY OF COLLIN § This instrument was acknowledged before me on the'Iday of D49� 20 by T) Q MQ5 T) t?Cl�. �t L) ',,) who states under oath that he/she is the owner of the Grantor's described here in and has the authority to execute this document. Notary 1'ublic,IState ofTexas Hy: Jeffery W. Rollins %�YP''o JONI HARLOW =01 `.. U Mz Notary Public, State of Texas Comm. Ex Aires 12-17.2022 mruaNotary ID 124406768 THE STATE OF TEXAS § COUNTY OF COLLIN § This instrument was acknowledged before me on the a day of s "A_, 2019 by o states under oath that helshe is the owner of the Grantor's Progorty described her in and has the authority to execute this document. State of Texas L. Not9ry Public, State of Texas J1�Yir�. JONI HARLOW U a Notary Public, State of Texas Comm. Expires 12-17.2022 Notary 10 124405758 me on the ,�aay of�0 � , 20� states undo oath that he/she is the owner of the Grantor's autlority to execute this document. �`"rv ��., JONIHARLOW 41P... �,��=Notary Public, State of Texas %�`•. q4*1V Comm. Expires 12-17-2022 ,a Notary ID 124400758 0 1S0 300 "DROWN. SCALE N FEEr CLOW I I me 4 Odom .� "- . ABSnM n. IQJR "w'1 • 2DOM14000237330 • 1 :' 1 0 0 I 71M0—J PAR TNERS WP I INSI N0. �05090005B25N_�� RC.CJ. I I tar a1►rERs) I EFERENCE BEARING 5/8" LR.F 86'47'22'W - 634.05' �'�___� .� i ANNA 455 RESIDEN't1Al IP M15i: ZDIT►0403000444410 i /� I O.R.C.C.T. PA1RCEl. N0. 4 � "wr Ti �Tr• fell I ti3 > ! F11Po and R■oortl■tl '- Ottlolal Publlo R■cord■ j Stacey Kemp, County Clerk j Collin County, TEXAS 12/20/2010 12:42:46 PM $38,00 DKITZMILLER 20191220001627040 , I Date: *4 /2D /201�T Grantor: QJR Partnership LTD. Grantor's Mailing Address: 9262 County Road 419 Anna, TX 75409-8205 PERMANENT WATER EASEMENT Grantee: City of Anna, Texas, a municipal corporation Grantee's Mailing Address: P.O. Box 776 Anna, Texas 75409 in Collin County, Texas Grantor's Property: The Grantor's Property is a tract of land located in the F. T. Daffau Survey, Abstract No. 00288, conveyed to QJR Partnership LTD by deed recorded in Instrument Number 20020214000237330 and Volume 5106, Page 2380, of the Deed Records, Collin County, Texas, (DRCCT), Permanent Water Easement: The Permanent Water Easement ("Easement") is 0.036 acres of property within Grantor's Property, said 0.036 acres being a strip of land of variable width. A metes and bounds legal description of the Easement is attached as Exhibit A. Easement Purpose: As more fully described herein, to construct and use water utility lines below the surface, together with the right of ingress and egress along, upon, over, under, and across Grantor's Property within the bounds of the Easement. Consideration: The sum often dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are acknowledged by Grantor. Grant of Easement: Grantor, for the Consideration described herein, grants, sells, and conveys to Grantee and Grantee's heirs, successors and assigns, the Easement over, under, on and across Grantor's Property for the Easement Purpose, including the right of construction, installation, reconstruction, operation, maintenance, replacement, alteration, expansion, relocation, upgrade, repair, abandonment, removal and other associated uses of water utility lines together with all and singular the rights and appurtenances thereto in any way belonging, (collectively, the "Easement Rights"), to have and to hold the Easement Rights to Grantee and Grantee's heirs, successors and assigns forever, Grantor binds Grantor and Grantor's heirs, successors, and assigns to warrant and forever defend the title to the Easement and the Easement Rights in Grantee and Grantee's heirs, successors and assigns against every person whomsoever lawfully claiming or to claim the Easement or any part of the Easement Rights. Grantee shall have the right to prevent excavation within the Easement; the right to prevent construction of any and all buildings, structures or other obstructions which would endanger or interfere with the efficiency, safety, and/or convenient operation of the aforementioned utility lines and their appurtenances; and the right to trim or remove trees or shrubbery within, but not limited to, said Easement, to the extent as may be necessary to prevent possible interference with the operation of said lines or their appurtenances, or to remove possible hazard thereto. Duration of Easement: The duration of the Easement is perpetual, until all of said facilities shall be abandoned. If abandoned, said Easement shall cease and all rights herein granted shall terminate and revert to Grantor or Grantor's successors or assigns, Character of Easement: The Easement is appurtenant to and runs with the title to Grantor's Property, whether or not the Easement is referenced or described in any conveyance of all or such portion of Grantor's Property. Binding Effect: This Easement binds and inures to the benefit of the parties and their respective Heirs, successors, and permitted assigns. [SIGNATURES PAGE FOLLOWS, REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] v 0 GALLED 162.12 ACRES QJR PARTNERSHIP, LTD. VOL. 5106, PG. 2380 U RIGHT OF WAY L.R.G.C.T. v rPERMANENTWATERLINEEASEMENT DEDICATION r I INST. NO.201W408000 7'"M t] oP.RC.c.7. 1.052 ACRE a go cj (45,836 SQ. FT.) 2 G2 S88'46'15"E 422.34' " 3 19 12021 221 23 I�5l8' IRF ` 1 '^—--8�5"1N�0.2,, = XF mw w 29 HELMOKEN DRIVE FALLS (L 28 27 W 9 I 26 LINE TABLE N0. BEARING LENGTH Lt S00'33'24"W 40.00' L2 N89'00'06'W 30.00' L3 S00.4TMV 110.44' NQTE: MtCHAEL AAARX RE018TERED PROFESSIONAL LAND SURVEYOR N0.5181 5750 GENESIS COURT, SUITE 200 FRISCO, TEXAS 75034 PH. 972435.3580 _.1 P.O.B. ^ - - 5/8" IRF 20 WIDE PERMANENT WATER LINE CALLED 114.808 ACRES ANT ANNA 455 RESIDENTIAL, LP T M0• 201°°1r1°000 B"o INST. NO.20070403000444410 & o.PRc,cT. INST. NOs20070403000444420 O.P.R.C.C.T. CURVE TABLE N0. DELTA RADIUS LENGTH CHORD BEARING CHORD C1 11'27'30" 890.00' 177.99' S77'2826`E 177469' C2 17.01'35" 810.00' 240.70' S80'15'28'E 239.82' MICHAEL B. MARX 5181 ! '•.'Qp A s u 0 1 it 0 100 200 CrRAPNIC SCALE IN FEET LEGEND 4 CENTRAL ANGLE P.O.B. =POINT OF BEGINNING IRF = IRON ROD FOUND IPF = IRON PIPE FOUND P.R C.C.T. = PLAT RECORDS OF COLLIN COUNTY, TEXAS L.R.C.C.T. = LAND RECORDS OF COLLIN COUNTY, TEXAS O.P.R.C:C.T. = OFFICIAL PUBLIC RECORDS, COLLIN GOUNTY,TEXAS RIGHT OF WAY DEDICATION FRANCIS T. DUFFAU SURVEY ABSTRACT NO.288 CITY OF ANNA COLLIN COUNTY, TEXAS IRA L�Z;ad EMT? 174TE / Bi BEING a tract of land situated in the Francis T. Duffau Survey, Abstract No. 288, City of Anna, Collin County, Texas and being a portion of a called 162.12 acre tract of land conveyed to QJR Partnership, Ltd., as evidenced in a Warranty Deed, recorded In Volume 5106, Page 2380 of the Land Records of Collin County, Texas, and being more particularly described as follows: BEGINNING at a 5/8-inch iron rod found for the southeast comer of said 162.12 acre tract, same being the southwest comer of a called 51.195 acre tract of land conveyed to Two-J Partnership, LLLP, as evidenced In Quit Claim Deed, recorded in Instrument No. 2008059000562500 of the Offictal Public Records of Collin County, Texas, on the northerly line of a called 114.608 acre tract of land conveyed to Anna 465 Residential, LP, as evidenced in as evidenced in a Special Warranty Deed, recorded in Instrument No. 20070403000444410, and a Special Warranty Deed, recorded .in Instrument No. 20070403000444420, both of the Official Public Records of Collin County, Texas; THENCE North 88°46'15" West, along the southerly line of said 162.12 acre tract and along the northerly line of said 144.608 acre tract a distance of 803.28 feet to a 5/8Anch Iron rod found for the northwest comer of said 114.608 acre tract, same being the northeast comer of The Falls Phase 2, an addition to the City of Anna, according to the Plat thereof, recorded in Cabinet P, Page 870 of the Plat Records of Collin County, Texas, on the southerly line of said 162.12 acre tract; THENCE North 89°001O6' West, along the southerly line of said 1ti2.12 acre tract and along the northerly line of said The Falls Phase 21 a distance of 30.00 feet to a 5/84nch iron rod with a red plastic cap stamped "KHA" set for comer, THENCE departing the northerly line of said The Fails Phase 2 and crossing said 162.12 acre Tract, the following courses: MICHAEL MN2X REGi8TERED PRp.FESSIONAL WVD SiJRVEYOIt PIO.5151 5750 GENESIS COURT, SUITE 200 FRISCO, TEXAS 75034 PH: 9724354M North 00'43'58" East, a distance of 110.44 feet to a 518"inch Iron rod with a red plastic cap stamped "KHA" set at the beginning of a non -tangent curve to the right having a central angle of 11'27'30", a radius of 890.00 feet, a chord bearing and distance of South 77°2826" East, 177.69 feet; in a southeasterly direction, with said curve to the right, an arc distance of 177.99 feet to a 5/84nch iron rod with a red plastic cap stamped "KHA" set at the beginning of a reverse curve to the left having a central angle of 17'01135", a radius of 810.00 feet, a chord bearing and distance of South 80°15'28" East, 239.82 feet; In a southeasterty direction, with said curve. to the left, an are distance of 240.70 feet to a 5/84nch iron rod with a red plastic cap stamped "KHA" set for comer; South 88'46'15" East, a distance of 422.34 feet to a Inch Iron rod with a red plastic cap stamped "KHA" set for comer on the easterly line of said 162.12 acre tract, same being the westerly line of aforesaid 51.195 acre tract; THENCE South 00'33'24" West, along the easterly Tine of said 1132.12 acre tract and along the westerly line of said 51.195 acre tract, a distance of 40.00 feet to the POINT OF BEGINNING and containing 1,052 acres (45,836 sq. ft.) of land, more or less. All bearings shown are based on grid north of the. Texas Coordinate System, NAD831 North Central Zone 4202. Ail dimensions shown are ground distances. To obtain a griI distance, multiply the ground distance by the Project Combined Factor (PCF) of 0.999856573, RIt3HT OF WAY DEDICATION OF FRANCIS 7. DUFFAU SURVEY ABSTRACT NO, 288 o'••.. CITY OF ANNA COLLIN COUNTY, TEXAS' B. MARX .......................... •�MtCHAEL OYSO 6t1RNI a WA 1 era I*K t sa+r..mu 1 oa+41ma 1I IN WITNESS WHEREOF, this instrument is executed on this the day of , 2017. QJR Partnership LTD. By: THE STATE OF TEXAS § COUNTY OF COLLIN § This instrument was acknowledged before me on thday of under oath that he/she is the owner of the Grantor's Property described herein Rollins GMENT THE STATE OF TEXAS COUNTY OF COLLIN This instrument was acknowledged before me on th�� day of �kQ under oath that he/she is the owner of the Grantor's Property described herein a CARRIE 1. SMITH Notary Public, State of Texos My Commission Expires January 27, 2019 CARRIE L. SMITH Notary Public, State of texas My Commission Expires January 27, 2019 THE STATE OF TEXAS § COUNTY OF COLLIN § This instrument was acknowledged before me on thAroperty day o , 201L by I under oath that he/she is the owner of the Grantor's described herein add has the authority Notary CARRIE 1, SMITH Notary Public, State of Texos My Commission Expire Jonuary 27, 2019 who states who states who states Filed and R®oorded Offlclal Publlo Records Staoey Kemp, County Clerk Collin County, TEXAS 01/23/2017 10:25:14 AM $42.00 SCAPELA 20170123000094990 After Recording, Return To: City of Anna PO Box 776 Anna, TX 75409 RATIFICATION OF CORRECTION SPECIAL WARRANTY DEED STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF COLLIN WHEREAS, by that certain Special Warranty Deed recorded under Document Number 20170123000094980, Official Public Records, Collin County, Texas, QJR PARTNERSHIP LTD, "Grantor" therein, conveyed certain real property to the CITY OF ANNA, TEXAS, the "City" therein; and, WHEREAS, by that certain Correction Special Warranty Deed recorded under Document Number 20191220001627030, Official Public Records, Collin County, Texas, Grantor corrected the Special Warranty Deed by replacing the Exhibit A portion of said document; and, WHEREAS, the City did not execute the Correction Special Warranty Deed; and, WHEREAS, the Texas Property Code requires that all parties to a conveyance instrument ratify by signature any material correction to such conveyance instrument; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that the CITY OF ANNA, TEXAS does hereby RATIFY and AFFIRM that certain Correction Special Warranty Deed recorded under Document Number 20191220001627030, Official Public Records, Collin County, Texas. Page 1 of 2 EXECUTED on the day of THE CITY OF ANNA, TEXAS By: STATE OF TEXAS COUNTY OF COLLIN This 20 , by TEXAS. (name) (title) instrument was acknowledged before me on the PREPARED IN THE LAW OFFICES OF: McWILLIAMS & McWILLIAMS 2713 Virginia Parkway, Suite 100 McKinney, Texas 75071 day of , of the CITY OF ANNA, Notary Public, State of Texas Page 2 of 2 �14PJ19N01924245PM01 115 THE PURPOSE OF THIS DOCUMENT 1S TO CORRECT THE SPECIAL WARRANTY DEED, RECORDED IN COUNTY CLERK FILE NO.20170123000094980, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS, REPLACING THE EXHIBIT A PORTION OF THE DOCUMENT. Notice of Confidentiality Rights: if you are a natural persoa, you mny remove or strike any of the foRowing information from this Instrument before it is filed for record in the public records: your Social Security Number or your Driver's License Number, CORRECTION SPECIAL WARRANTY DEED STATE OF TEXAS § § COUNTY OF COLLIN § WHEREAS, theCityofAnna,Texas, County ofCollin, StateofTexas (the"City"), a home-rulemunicipality, is authorized under the Texas Local Government Code to acquire an and such other property rights, including acquisition of strect/road/highway right of way deemed necessary orconvenient to a City road project to be constructed, reconstructed, maintained, widened, straightened, or extended, orto accomplish any other purpose related to the location, construction, improvement, maintenance, beautification,preservation, oroperation ofa road project providing forpublictransportation; NOW, THEREFORE, KNOW ALL MEN I3Y THESE PRESENTS: That, QJR Partnership LTD., hcreinafterrcferred to as "Grantors," whetherone ormore, forand inwnsideration ofthe sumof Ten dollars (S 10) to Grantors in hand paid by the City, hereinafter sometimes referted to as Grantee, receipt of which is hereby acknowledged, and for whichnolien isrctained,eitherexpressedorimplied,havethisdaySold and by these presentsdo Grant, Bargain, Sell and Convey unto theGrantee all that certain tractor parcel of land lying and being situated in theCity of Anna, County ofCollin, State of Texas, more particularly described in Exhibit "A,"which which is attached hereto and incorporated herein for any and all purposes. Grantorshcreby acknowledge that thciruscofondaccess to the City strccUroedPoighway tobcconstructed in conjunction with Ihepublicroad facilityofwhichthc landhcrcbyconveyed shallbecomcapart(hcrcincaltcd"RoadFacility"),shallbcand forevcrremain subject to thesamcrcgulation by legally constituted authority as applies to the public's usethercof. TO HAVE ANDTO HOLD thcprcmiscs herein described and herein conveyed together with all and singular the rights and appurtenances thereto inany wiscbelonging unto theGrantccand itsassigns forever,, and Grantors dohcrcby bindoursclvcs, ourheirs,exceutors,administrators, successors and assigns to warrantend Forever Defend air andsingularthe said premises herein conveyed unto the Grantee and its assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof through Grantor or Grantor's heirs, executors, administrators, successors or assigns, but notothcrwisc. ISIGNA11Ikl?S PAGI•. FOLLOR'S, HI9\tAIK11E11 Of TIIIS PACE INTENTION ALLY LGP'I' BLANK) IN WITNESS WHEREOF, this instrument is executed on this the. day of _qooizoo_ , 20LI QJR Partnership LTD. BY: James D. Rollins THE STATE OF TEXAS § COUNTY OF COLLIN § This ins instrument was acknowledge before me on the L day of a P 20� by �j �11y5Q /� who states under oath that he/she is the owner. of the Grantor's here in an¢ has the authority to execute this document. Notary Public, State of Texas By: Jeffery W. Rollins t \1PpV°r(i�4i JONI HARLOW Notary Public, State of Taxes s+ �`,� Comm. Expires 12.17-2022 Notary ID 124406758 THE STATE OF TEXAS § COUNTY OF COLLIN § This instrument was acknowledged before me on the day of /I Il _, 201 , by y-�d,vho states under oath that he/she is the owner of the Grantor's here in and has the authority to execute this document. JONI HARLOW Notary Public, State of Texe; Comm. Expires 12.17-2022 NotaryID 1244067Fa Notary �'ublic, State of Texas By: Rebecca L. Rollins �, ^ , eA t, THE STATE OF TEXAS § COUNTY OF COLLIN § This in ent was acknow ledg bef re me on the day of " __, 20� by� jo ir�i� �ivho states under oath that he/she is the owner of the Grantor's here in and,#tas the authority to execute this document. Notary Pyblic, State of Texas JONI NARLOW PPV PV /ice °4,eNotary Public, State of Texea 1` `� Comm,CoNotary IDr 12A22 � /�06758 • 1: r P t • ti • I f.l..•I II.:Y .11 . • .. . :1. • .i i i IK 11 17 r1 • . 11 1 1 111 1 • i IC Wirt is, is All 4 IF 1 . r 14, Is 1 / 1 1 1I 1 At .............................. MICHAEL B. MARX �_ 5181 _.,,1AN. • J;•, ♦. 11 11 k 1 1 1MA; r 1 l l All 1 1 11 :1 Will i"M it 11 :Y I 1 11 • • f1trTM1 1 RIGHT OF WAY DEDtCATlON FRANCIS T. DUFFAU SUR1fEY ABSTRACT N0.268 CITY OF ANNA COLUN COUNTY, TEXAS Kimlg)))Horny 1� CALLED 182.12 ACRES QJR PARTNERSHIP, LTD, VOL, 5106, PG. 2M RIGHT OF WAY L.R.C.C.T. ' DEDICATION p 1.052 ACRE Cl (45,836 SQ. FT,) jig sarowl J 19 20 r2li22 1 28 W80 IRF P.O.B. 516" IRF zs Vi HELMOKEN AN 45Di14�*W$ACRES Lumma MI �,o'�"'� DRIVE FALLS INST.NO.20070403000444410s o.rxc¢T. ni r j 28 INST. NO.2OD704MOD44M20 d C I 27 OPA.C.C.T. I , 2a NDTE CURVE TABLE N0. DELTA RADIUS LENGTH CHORD SEARING CHORD C1 11"27W M*W 17/W 97T"2e2n imor CZ 17"0t'3W 610aW 240.70' S80615ZPE 239.er LEGEND Lst CENTRAL ANGLE P.O.S. • POINT OF BEGINNING IRF •IRON ROD FOUND IPF ■ MON PIPE FOUND P.RC.C.T. • PLAT RECORDS OF COLON COUNTY, TEXAS L,R C.C.T. • LAND RECORDS OF OOLUN COUNTY, TEXAS O.P.R.C.C.T. • OFFICIAL PUEUC RECOROs, COUJN COUNTY, TEXAS RIGHT OF WAY DEWCATION FRANCIS T, OUFFAU SURVEY ABSTRACT NO, 268 CITY OF ANNA COLLIN COUNTY, TEXAS F1 latl and Raoortlad Of tlola/ Publlo Raoortl� S laoay K�np, County Clark Collin County1 TE%R5 12l2012019 12:42:45 PM s42.00 DKITZMILLER 20191220001627030 ri ri 4 ri ri ' " ri h ri r, ' Notice of Confidentiality Rights: If you are a natural person, you may remove or strike any of the following information from this instrument before it is filed for record in the public records: your Social Security Number or your Driver's License Number. SPECIAL WARRANTY DEED STATE OF TEXAS § COUNTY OF COLLIN § WHEREAS, the City of Anna, Texas, County of Collin, State of Texas (the "City"), ahome-rule municipality, is authorized under the Texas Local Government Code to acquire land and such other property rights, including acquisition of street/road/highway right of way deemed necessary or convenient to a City road project to be constructed, reconstructed, maintained, widened, straightened, or extended, or to accomplish any other purpose related to the location, construction, improvement, maintenance, beautification, preservation, or operation of a road project providing for public transportation; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That, QJR Partnership LTD., hereinafter referred to as "Grantors," whether one or more, for and in consideration of the sum of Ten dollars ($10) to Grantors in hand paid by the City, hereinafter sometimes referred to as Grantee, receipt of which is hereby acknowledged, and for which no lien is retained, either expressed or implied, have this day Sold and by these presents do Grant, Bargain, Sell and Convey unto the Grantee all that certain tract or parcel of land lying and being situated in the City of Anna, County of Collin, State of Texas, more particularly described in Exhibit "A," which is attached hereto and incorporated herein for any and all purposes. Grantors hereby acknowledge that their use of and access to the City street/road/highway to be constructed in conjunction with the public road facty of which the land hereby conveyed shall become a part (herein called "Road Facility"), shall be and forever remain subject to the same regulation by legally constituted authority as applies to the public's use thereof. TO HAVE AND TO HOLD the premises herein described and herein conveyed together with all and singular the rights and appurtenances thereto in any wise belonging unto the Grantee and its assigns forever; and Grantors do hereby bind ourselves, our heirs, executors, administrators, successors and assigns to Warrant and Forever Defend all and singular the said premises herein conveyed unto the Grantee and its assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof through Grantor or Grantor's heirs, executors, administrators, successors or assigns, but not otherwise. [SIGNATURES PAGE FOLLOWS, REMAINDER OF THIS PA 11104116 Parcel No. 4 EXHIBIT "A" FIELD NOTE DESCRIPTION FOR PERMANENT WATER LINE EASEMENT OVER, UNDER, AND ACROSS THE PROPERTY OF QJR PARTNERSHIP LTD (INSTRUMENT NUMBER 20020214000237330 & VOLUME 5106, PAGE 23809 DEED RECORDS OF COLLIN COUNTY, TEXAS) BEING a parcel of land for a variable width permanent water line easement and being under, over and across a 162.12 acre tract located in the F.T. Daffau Survey, Abstract No. 0288, Collin County, Texas, conveyed to QJR Partnership LTD by a deed recorded in Instrument Number 20020214000237330 and Volume 5106, Page 2380, of the Deed Records of Collin County, Texas (D.R.C.C.T.), said variable width permanent water line easement being more particularly described as follows: BEGINNING at a paint for corner, in the southeast portion of the said 162.12 acre QJR Partnership LTD tract and in the west right-of-way line of a future variable width right-of-way dedication to the City of Anna (by others), said point of beginning being N 86°47122" W, a distance of 834.05 feet from a 5/8" iron rod found in the southeast comer of said 162.12 acre QJR Partnership LTD tract and the southwest comer of a 51.195 acre tract of land conveyed to Two-J Partners, LLLP by deed recorded in Instrument Number 20080509000562500 of the D.R.C.C.T., said iron rod being in the north property line of a 114,608 acre tract conveyed to Anna 455 Residential, LP by a deed recorded in Instrument Number 20070403000444410, of the D.R.C.C.T, said point of beginning also being N 44°55115" W, a distance of 41.96 feet from a 5/8" iron rod found in the south property line of said 162.12 acre QJR Partnership LTD tract, and being in the northwest property corner of said 114.608 acre Anna 455 Residential, LP tract, said iron rod being in the northeast corner of a 29.157 acre tract of land being The Falls Phase 2, an addition to the City of Anna as recorded by Subdivision Number 58550, of the Plat Records of Collin County, Texas (P.R.C.C.T.), said point of beginning also being the beginning of a non -tangent curve to the left; THENCE, along said curve having a radius of 830.00 feet, a central angle of 14°19'36", and an arc distance of 207.54 feet (chord bearing - N 81°4944 W and chord distance of 207.00 feet) to a point for corner; THENCE, S 88059132" E, a distance of 106.95 feet to a point for a corner, said point being the at the beginning of a curve to the right; THENCE, along said curve having a radius of 830.00 feet, a central angle of 6°48' 14", and an arc distance of 98.56 £eet (chord bearing - S 85°3S'25" E and chord distance of 98.51 feet) to a point for comer, said point being on the west right -of --way line of said future right-of-way dedication; THENCE, S 0°42'58" W, a distance of 19.97 feet to the POINT OF BEGINNING, said variable width Water Line Easement containing 0.036 acre (1,563.25 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 08/10/2016. 3. An Easement Plat of even date herewith accompanies this Field Note Description. Derek B. Chi Texas Regist Birkhoff, Hei TBPLS Firm 11910 Green Has, Texa: Phone: 214-3 H:\ProjxtaUnna�20141 � 1�Fa� PIau�DescriytiomlParcel4 (Esmt).doc Page 1 Of 2 CITY OF ANNA INST. 20150406000379400 IIl�7��1 c=9B.56' �B.=S WJ5250 E ,CD.=9&51' GIRMF WIA d=14'19',36' R�i0.00' L=?07.5f' Q�=N 81 �4'44' 1Y �ALLS PHRASE 2 � VlSIONJ S8550 P.R.C.C.T. a. 1 a. •i 0 ti 31 1 a ••1 a 1 a 'L • • 1 i 2. FIELD SURVEYS WERE CONCLUDED ON AUGUST 10. 2016. too L Dibl-TAll' SURVEY :. QJR PARTNERSHIP LTD SL • 200202140002373M VOL 5106, PQs 2380 D.R.C.C.T. VARIABLE WIDTH VT WATER LINE EAMMEW oW6 ACRE (1,58125 S.F.) 19.9i PO/NT OF 55 I �,,,_REFERENCE BEARING 5/8" I.R.F. N44'15"W - 41.96' TWO-J PARTNERS LLLP INST N0. 20080509000562500 D.R.C.C.T. p 'L (BY OTHERS) EFERENCE BEARING 5/8' I.R.F 186'47'22"W - 834.05' ANNA 455 RESIDENTIAL LP iNST. N0. 20070403000444410 O.R.C.C.T. PARCEL N0. 4 CITY OF ANNA, TEXAS QJR PARTNERSHIP LTD PERMANENT WATER UNE EASEMENT BIRKHOFF, HENDRICKS &CARTER, L.L.P. PROFESSIONAL ENgNEERs — isPLs FlRM NO. 10031800 Nov 20i 6 11910 GREENVILLE AVE . SUI E 800 • DALLAS. TEXAS 75243 214-381-7900 QJR Partnership LTD. By: THE STATE OF TEXAS § COUNTY OF COLLIN § This instrument was acknowledged before me on theW day of C1{ t l t Q states under oath that he/she is the owner of Grantor's Property described herein 20 1 by J0.P ras the authority to of c '';`AA^�¢w CARRIE 1. SMITH di` a S Notary PUbiIC, State of Texas rK�� My COmMIssion Expires January 27, 2019 THE STATE OF TEXAS § COUNTY OF COLLIN § This instrument was acknowledged before me on thjJ"' 'day of tl Wtl 20�, states under oath that he/she is the owner of Grantor's Property described h�has the a Public, State CARRIE 1. SMITH Notary Public, State Of Texas tWy Commission Expires January 27, 2019 who who THE STATE OF TEXAS § COUNTY OF COLLIN § This instrument was acknowledged before me on the ay of 20�, by � _'_j/�ho states under oath that he/she is the owner of Grantor's Property described herein d has the authority t execut is doc t. otary Public, State of T as CARRIE 1, SMITH Notary Public, State of Texas My Commisslon Expires January 27, 2019 Filed and Reoorded Official Public Reoords Stacey Kemp, County Clerk Collin County TEXAS 01/23/2017 10:25:13 AM THE CITY OF Anna AGENDA ITEM: Item No. 5.h. City Council Agenda Staff Report Meeting Date: 1 /14/2020 Review Police Department Annual Racial Profiling Report (Police Chief Jeff A. Caponera) SUMMARY: Texas Code of Criminal Procedure, Art. 2.132, requires that every law enforcement agency that employs police officers who make motor vehicle stops in the routine performance of the officers' official duties shall collect information relating to motor vehicle stops in which a ticket, citation, or warning is issued and to arrests made as a result of those stops. The collected information includes: Race or ethnicity of the individual detained; Whether a search was conducted and, if so, whether the individual detained consented to the search; Whether the peace officer knew the race or ethnicity of the individual before being detained; Whether the peace officer used physical force that resulted in bodily injury, as defined by Section 1.07, Penal Code, during the stop; Location of the stop; and Reason for the stop It also requires that the chief administrator of the law enforcement agency annually report the collected data to Texas Commission on Law Enforcement (TCOLE) and to the governing body of the municipality. Strategic Connection This items supports the City ofAnna Strategic Plan, specifically advancing: Goal 4: High Performing, Professional City STAFF RECOMMENDATION: ATTACHMENTS: Description Upload Date Type Memorandum Racial Profiling Report (Brazos) Racial Profiling Percentages Dr Del Carmen Report TCOLE Report 1 /8/2020 Staff Report 1 /8/2020 Staff Report 1 /8/2020 Staff Report 1 /8/2020 Staff Report 1 /8/2020 Staff Report OV41E", PNNq Administrative Division Anna Police Department 101 South Powell Parkway Anna, Texas 75409 a T 972.924.2848 1 F 972.924.3162 policecomments@annatexas.gov www.annaTXpolice.org MEMORANDUM TO: Honorable Mayor and City Council FROM: Jeff A. Caponera, Chief of Police DATE: January 14, 2020 RE: Racial Profiling Report Texas Code of Criminal Procedure, Art. 2.132, requires that every law enforcement agency that employs police officers who make motor vehicle stops in the routine performance of the officers' official duties shall collect information relating to motor vehicle stops in which a ticket, citation, or warning is issued and to arrests made as a result of those stops. The collected information includes: • Race or ethnicity of the individual detained; • Whether a search was conducted and, if so, whether the individual detained consented to the search; • Whether the peace officer knew the race or ethnicity of the individual before being detained; • Whether the peace officer used physical force that resulted in bodily injury, as defined by Section 1.07, Penal Code, during the stop; • Location of the stop; and • Reason for the stop It also requires that the chief administrator of the law enforcement agency annually report the collected data to Texas Commission on Law Enforcement (TCOLE) and to the governing body of the municipality. Attached to this Memorandum you will find the racial profiling information I submitted to TCOLE. It is important to understand the numbers presented do not constitute prima facia evidence of racial profiling. Racial profiling is strictly prohibited by our policies and is not tolerated. I have never received a complaint that our police officers engage in racial profiling. If you have any questions or require clarification on the information contained in our report, please do not hesitate to reach out to me. Cc: Jim Proce, City Manager Ryan Henderson, Assistant City Manager Attachments SERVICE THROUGH INTEGRITY, COURTESY, HONOR & RESPECT. Anna, TX PD Jan 1, 2019 - Dec 31, 2019 Racial Profiling Report 2018 PLEASE NOTE: The official form does not allow for Other and Unknown in the Race or Ethnicity boxes on the TCOLE website. Please contact TCOLE for instructions on how to resolve these issues. This report only includes traffic stops resulting in a citation, traffic stops resulting in a citation with an arrest, traffic stops resulting in a warning with an arrest, and field interviews that resulted in an arrest. This report does not include any stops from traffic collisions. 1. Gender `7. Reason for Search? FEMALE 930 CONSENT 19 MALE 1491 CONTRABAND IN PLAIN VIEW 2 Total 2421 INCIDENT TO ARREST 4 INVENTORY 10 2. Race or ethnicity NO SEARCH 2360 ALASKA NATIVE/AMERICAN INDIAN 11 PROBABLE CAUSE 26 ASIAN/PACIFIC ISLANDER 42 Total 2421 BLACK 433 HISPANIC/LATINO 312 8. Was Contraband discovered? WHITE 1623 N 25 Total 2421 Y 36 Total 61 3. Was race or ethnicity known prior to stop? 9. Description of contraband N 2336 ALCOHOL 3 Y 85 DRUGS 26 Total 2421 OTHER 7 4. Reason for Stop? WEAPONS 1 Total Contraband Found 37 MOVING TRAFFIC VIOLATION 1518 PRE EXISTING KNOWLEDGE 53 10. Result of the stop _ VEHICLE TRAFFIC VIOLATION 708 CITATION 924 VIOLATION OF LAW 142 CITATION AND ARREST 27 Total 2421 WRITTEN WARNING 1466 WRITTEN WARNING AND ARREST 4 Total 2421 Report Created on: Jan 3, 2020 5:07 PM Page: 1 of 2 moo y% bra o - a tyler public safety solution Anna, TX PD Jan 1, 2019 - Dec 31, 2019 Racial Profiling Report 2018 5. Street address or approximate location of the stop CITY STREET 146C COUNTY ROAD 3a PRIVATE PROPERTY OR OTHER 71 STATE HIGHWAY 149 US HIGHWAY 711 Total 2421 6. Was a search conducted? N Y Total 2360 61 2421 11. Arrest based on OUTSTANDING WARRANT 7 VIOLATION OF PENAL CODE 23 VIOLATION OF TRAFFIC LAW 1 Arrest Total 31 12. Was physical force resulting in bodily injury used during stop? N 2421 Total 2421 i Report Created on: Jan 3, 2020 5:07 PM Page: 2 of 2 brazos- ay solution ANNA POLICE DEPARTMENT PERCENTAGES OF INDIVIDUALS STOPPED VS CITY DEMOGRAPHICS According to American Fact Finder, the five-year community survey estimate put Anna's population at 14,243 in 2018, However, race and ethnicity make up is based on 2017 community survey numbers. That data is what was used to determine the following percentages. White: 71.6% (8,102) Black: 7.9% (892) Hispanic/Latino: 13.9% (1,670) Asian/Pacific Islander: 4.2% (480) Alaska Native/American Indian: 0.7% (79) All other: 1.7% (195) To obtain a true gauge of our racial profiling percentages, one must recognize that Anna police officers are not just stopping "Anna neighbors". Our officers stop neighbors from all over the region, including from out of state. Our true racial profiling percentages should then be based on the motoring public, because they are more likely to be contacted by our officers. Therefore, the data we use to determine percentages come from our reported Crash data. In 2019, Anna officers reported 303 crashes that involved 494 drivers. Crash reports require, among other descriptive traits of a driver's identity, gender and race/ethnicity. Extracting the gender and race/ethnicity data from the 494 drivers listed in the Crash reports provides the following percentages: White: 66,39% (328) Black: 12,34% (61) Hispanic/Latino: 11,94% (59) Asian: 1.21 % (6) Alaska Native/American Indian: 0,20% (1) Other/Unknown: 7.89% (39) — This category is not allowed on citations and is not factored in to the above numbers. The following racial profiling percentages are based on total number of stops (2,241): White: 67% (11623) Black: 17.88% (4331 Hispanic/Latino: 12.88% (312) Asian: 1.78% (42) Alaska Native/American Indian: 0,46% (11) In 85 of the 2,241 stops (3.8%), the officers knew the race of the violator prior to the stop. This may be because the race of the violator was provided by dispatch, a witness or victim, or because the officer saw into the vehicle as it passed by him or her prior to the stop. Number of complaints received which alleged racial profiling: None SERI7CETHROIrGIIINIW(yKITS; COi7R71ESI7, IIONOR, &RL+'SPELT JEFF A. CAPONERA, CHIEF OF POLICE Anna, TX PD Jan 1, 2019 - Dec 31, 2019 Racial Profiling Report 2018 - Del Carmen PLEASE NOTE: The official form does not allow for Other and Unknown in the Race or Ethnicity boxes on the TCOLE website. Please contact TCOLE for instructions on how to resolve these issues. This report only includes traffic stops resulting in a citation, traffic stops resulting in a citation with an arrest, traffic stops resulting in a warning with an arrest, and field interviews that resulted in an arrest. This report does not include any stops from traffic collisions. Table 1. (Motor Vehicle Contacts Including Tickets, Citations and Warnings) - COUNT CITATION I WRITTEN WARNING I CITATION AND ARREST WRITTEN WARNING AND ARREST Total A 22 20 42 B 164 261 7 1 433 H 198 111 3 312 1 7 4 11 W 533 1,070 17 3 1,623 924 1,466 27 4 2,421 Table 1. (Motor Vehicle Contacts Including Tickets, Citations and Warnings) - % CITATION WRITTEN WARNING CITATION AND ARREST WRITTEN WARNING AND ARREST Total A 0.93% 0.85% 1.78% B 6.80% 10.75% 0.29% 0.04% 17.88% H 8.21 % 4.55% 0.13% 12.88% 1 0.30% 0.16% 0.46% W 22.04% 44.13% 0.70% 0.13% 67.00% 38.27% 60.45% 1.11% 0.17% 100.00% • Report Created on: Jan 3, 2020 5:23 PM Page: 1 of 4 a s $ • a tyler public safety solution Anna, TX PD Jan 1, 2019 - Dec 31, 2019 Racial Profiling Report 2018 - Del Carmen PLEASE NOTE: The official form does not allow for Other and Unknown in the Race or Ethnicity boxes on the TCOLE website. Please contact TCOLE for instructions on how to resolve these issues. This report only includes traffic stops resulting in a citation, traffic stops resulting in a citation with an arrest, traffic stops resulting in a warning with an arrest, and field interviews that resulted in an arrest. This report does not include any stops from traffic collisions. Table 2. (Motor Vehicle Searches and Arrests) - COUNT Searches Consensual S No Search Search Conducted Non Consensual or No Search Consensual Search Custod Arrest Made No Arrest Total 42 42 42 42 419 14 429 4 8 425 433 304 8 311 1 3 309 312 11 11 11 11 1,584 39 1,609 14 20 1,603 1,623 2,360 61 2,402 19 31 2,390 2,421 Table 2. (Motor Vehicle Searches and Arrests) - % Searches Consensual Searches Custody Arrests Total No Search I Search Conducted i Non Consensual or No Search Consensual Search Arrest Made No Arrest 1.78% 1.78% 1.78% 2% 17.31 % 0.57% 17.72% 0.16% 0.33% 17.55% 18% 12.55% 0.33% 12.84% 0.04% 0.13% 12.76% 13% 0.46% 0.46% 0.46% 0% 65.39% 1.61 % 66.43% 0.57% 0.82% 66.17% 67% 97.49% 2.51% 99.23% 0.77% 1.28% 98.72% 100% • Report Created on: Jan 3, 2020 5:23 PM Page: 2 of 4 a s $ • a tyler public safety solution Anna, TX PD Jan 1, 2019 - Dec 31, 2019 Racial Profiling Report 2018 - Del Carmen PLEASE NOTE: The official form does not allow for Other and Unknown in the Race or Ethnicity boxes on the TCOLE website. Please contact TCOLE for instructions on how to resolve these issues. This report only includes traffic stops resulting in a citation, traffic stops resulting in a citation with an arrest, traffic stops resulting in a warning with an arrest, and field interviews that resulted in an arrest. This report does not include any stops from traffic collisions. Total Number of Instances Total Number of Instances where Officers Knew Race where Officers Did Not and Ethnicity of Individuals Know the Race and Before Being Detained Ethnicity of Individuals Before Being Detaine 85 2,336 • Report Created on: Jan 3, 2020 5:23 PM Page: 3 of 4 a s $ • a tyler public safety solution Anna, TX PD Jan 1, 2019 - Dec 31, 2019 Racial Profiling Report 2018 - Del Carmen PLEASE NOTE: The official form does not allow for Other and Unknown in the Race or Ethnicity boxes on the TCOLE website. Please contact TCOLE for instructions on how to resolve these issues. This report only includes traffic stops resulting in a citation, traffic stops resulting in a citation with an arrest, traffic stops resulting in a warning with an arrest, and field interviews that resulted in an arrest. This report does not include any stops from traffic collisions. Table 5. Search Data - COUNT Searches Contraband Arrests Total No Search Contraband/Evidence Not Contraband/Evidence Arrest No Search Conducted Found Found Made Arrest A 42 42 42 42 LH 419 14 423 10 8 425 433 304 8 311 1 3 309 312 I 11 11 11 11 w 1,584 39 1,598 25 20 1,603 1,623 iki2,360 61 2,385 36 31 2,390 2,421 Table 5. Search Data - % No Search A 1.78% B 17.31 % H 12.55% 1 0.46% w 65.39% 97.49% Contraband Search Contraband/Evidence Not Conducted Found 0.57% 0.33% 1.78% 17.48% 12.84% 0.46% 65.97% 98.54% Arre Total Contraband/Evidence Arrest No Found I Made Arrest 1.78% 2% 0.40% 0.33% 17.55% 18% 0.04% 0.13% 12.76% 13% 0.46% 0% 1.02% 0.82% 66.17% 67% 1.46% 1.28% 98.72% 100% Report Created on: Jan 3, 2020 5:23 PM Page: 4 of 4 %AV& brazos- ay solution Racial Profiling Report � Full Reporting Date: 01/03/2020 Agency Name: ANNA POLICE DEPT. TCOLE Agency Number: 085204 Chief Administrator: JEFF A. CAPONERA Agency Contact Information: Phone: (972) 924-2848 Email: jcaponera@annatexas.gov Mailing Address: 101 S. Powell Parkway ANNA, TX 75409 This Agency filed a full report ANNA POLICE DEPT. has adopted a detailed written policy on racial profiling. Our policy: 1.) clearly defines acts constituting racial profiling; 2.) strictly prohibit peace officers employed by the ANNA POLICE DEPT. from engaging in racial profiling; 3.) implements a process by which an individual may file a complaint with the ANNA POLICE DEPT. if the individual believes that a peace officer employed by the ANNA POLICE DEPT. has engaged in racial profiling with respect to the individual; 4.) provides public education relating to the agency's complaint process; 5.) requires appropriate corrective action to be taken against a peace officer employed by the ANNA POLICE DEPT. who, after an investigation, is shown to have engaged in racial profiling in violation of the ANNA POLICE DEPT. policy adopted under this article; 6.) require collection of information relating to motor vehicle stops in which a citation is issued and to arrests made as a result of those stops, including information relating to: a.) the race or ethnicity of the individual detained; b.) whether a search was conducted and, if so, whether the individual detained consented to the search; and c.) whether the peace officer knew the race or ethnicity of the individual detained before detaining that individual; and 7.) require the chief administrator of the agency, regardless of whether the administrator is elected, employed, or appointed, to submit an annual report of the information collected under Subdivision(6) to: a.) the Commission on Law Enforcement; and b.) the governing body of each county or municipality served by the agency, if the agency is an agency of a county, municipality, or other political subdivision of the state. Executed by: Jeff A Caponer4 Chief of Police Date: 01/03/2020 1 of 3 Motor Vehicle Racial Profiling Information Total stops: 2421 Gender Female 930 Male 1491 Race / Ethnicity Black 433 Asian / Pacific Islander 42 Hispanic / Latino 312 White 1623 Alaska Native / American 11 Was race or ethnicity known prior to stop? Yes 85 No 2336 Reason for stop? Violation of law 142 Preexisting knowledge 53 Moving traffic violation 1518 Vehicle traffic violation 708 Street address or approximate location of the stop City street 1460 US highway 711 County road 30 State highway 149 Private property or other 71 Was a search conducted? Yes 61 No 2360 Reason for Search? consent 19 contraband 2 probable 26 inventory 10 2 of 3 ncident to arrest 4 Was Contraband discovered? Yes 36 No 25 Description of contraband Drugs 26 Currency 0 Weapons 1 Alcohol 3 Stolen property 0 Other 7 Result of the stop Verbal warninq 1466 Written warninq 0 Citation 924 Written warninq and arrest 4 Citation and arrest 27 Arrest 0 Arrest based on Violation of Penal Code 23 Violation of Traffic Law 1 Violation of City Ordinance 0 Outstanding Warrant 7 Was physical force resulting in bodily injury used during stop? Yes 0 No 2421 Submitted electronically to the The Texas Commission on Law Enforcement 3 of 3 THE CITY OF Anna AGENDA ITEM: Item No. 6. City Council Agenda Staff Report Meeting Date: 1 /14/2020 Consider/Discuss/Action to fill vacancy on EDC/CDC. (City Secretary Carrie Smith) SUMMARY: Raul Hernandez tendered his resignation on November 12, 2019, leaving an un-expired term on the EDC and CDC for Place 6 vacant. Place 6 expires in June 2020. The City Council Subcommittee previously reviewed and interviewed prospective applicants for the Corporations. The subcommittee reviewed these applicants and may consider these applicants for a recommended appointment by the City Council. Strategic Connection This items supports the City ofAnna Strategic Plan, specifically advancing: Goal 3: Anna -A Great Place to Live STAFF RECOMMENDATION: Nominate applicant and approve appointment. ATTACHMENTS: Description Upload Date Type THE CITY OF Anna AGENDA ITEM: Item No. 7. City Council Agenda Staff Report Meeting Date: 1 /14/2020 Consider/Discuss/Action on a Resolution adopting a Revised Policy Implementing the Public Information Act. (City Secretary Carrie Smith) SUMMARY: The proposed Resolution and Public Information Request Policy is much more detailed than what is in the general personnel policy manual currently. Section 1 of the Resolution provides for it to replace the entirety of section 104.03.1 of the manual, and in combination with the Resolution's "revocation of conflicting policies" clause, should allow us to update the PIR aspects alone in isolation from the rest of the entire manual. Strategic Connection This items supports the City ofAnna Strategic Plan, specifically advancing: Goal 4: High Performing, Professional City STAFF RECOMMENDATION: Approve the Resolution revising the policy language. ATTACHMENTS: Description Resolution Proposed P I R Policy Current P I R Policy 104.03.1 Upload Date Type 1 /9/2020 Resolution 1 /9/2020 Resolution 1 /9/2020 Backup Material RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS, ADOPTING A REVISED POLICY IMPLEMENTING THE PUBLIC INFORMATION ACT; PROVIDING FOR THE REVOCATION OF CONFLICTING POLICIES AND RESOLUTIONS; PROVIDING STAFF DIRECTION; PROVIDING A SAVINGS AND SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 552 of the Texas Government Code provides the statutory procedures associated with the release of public information, provides for exceptions to the mandatory disclosure of certain information held by governmental entities, and authorizes imposition of bonds and the collection of costs; and WHEREAS, the City Council of Anna, Texas ("City Council") has determined that it is in the best interests of the City of Anna ("City") to ensure uniformity in the application, operation and access to public information by establishing a Public Information Act Policy; and WHEREAS, the Texas Legislature has recently enacted new statutes and amended existing statutes which require revision of the City's existing public information policies; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: Section 1. Policy Adopted. The City Council hereby adopts this Public Information Act Policy, attached hereto as Exhibit A and incorporated herein for all purposes, to replace Section 104.03.1 and any other related sections of the City of Anna Personnel Manual in its entirety. Section 2. Revocation of Conflicting Policies. Any and all conflicting resolutions adopted by the City, and any policy statements, policies, procedures, administrative approvals, or other acts which conflict with the policies adopted in Exhibit A are hereby repealed, rescinded, revoked, nullified, and/or voided with respect to all requests within the scope of the Texas Public Information Act which were received by the City on or after the effective date of this resolution. This includes, but is not limited to, any act of the City (including but not limited to staff) which would expand the approved methods for submission of requests for public information set forth within Exhibit A. The mailing address and electronic mail address specified within Exhibit A are the only approved addresses for receipt of requests for public information. RESOLUTION NO. -1- Section 3. Staff Direction. City staff members are authorized and directed to make changes to the City of Anna's internet website(s) and other public notices (e.g., signage/posters) to accurately reflect the policies adopted herein. Exhibit A shall be treated as the controlling policy of the City with respect to its subject matter, and City staff may incorporate it into the City's existing personnel manual as administratively convenient, with adjustments as needed for formatting and organizational purposes in the discretion of staff. Section 4. Savings and Severability. It is the intent of the City Council that should any section, paragraph, sentence, subdivision, clause, phrase or provision of this Resolution or the attached Policy be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this Resolution or the attached Policy as a whole or any part or provision hereof other than the part so decided to be unconstitutional, illegal, or invalid and shall not affect the validity of the remainder of this Resolution or the attached Policy. Any such invalid provision shall be severed from this Resolution, and/or the attached Policy, as if the remainder had been passed by the City Council without the severed provision ever appearing therein. Section 5. Approval. This Resolution is approved, during the open session of a regularly scheduled meeting of the City Council of the City of Anna, duly noticed consistent with the Open Meetings Act, by a majority affirmative vote of the governing body of the City. Section 6. Effective Date. This Resolution shall take effect immediately upon passage. PASSED, APPROVED AND ADOPTED this day of 2019. CITY OF ANNA, TEXAS Nate Pike, Mayor ATTEST: Carrie Smith, City Secretary RESOLUTION NO. -2- PUBLIC INFORMATION ACT POLICY CITY OF ANNA POLICY This policy is intended to comply in all particulars with the Public Information Act as set forth in Chapter 552, Texas Government Code (the "Act" or "PIA"), as it exists, as it may be amended, and as it may be interpreted by Attorney General Rulings, Decisions, Opinions, and applicable case law. The Attorney General has published a Public Information Handbook that provides guidance to both staff and citizens on the process and applicable rules. In accordance with the Act, all persons or entities requesting public information from the City shall be treated uniformly. Changes to state law effective September 1, 2019 have warranted substantial changes to this policy as compared to prior versions. All City employees and officials are advised to carefully read this policy to ensure awareness of the applicable law. It is important to recognize that while virtually all records held by the City fall within the PIA's definition of "public information," that term is often misinterpreted. It does not mean that the City's records may always be released to the public. As used in the Act, the term "public information" is best viewed as meaning "the information is owned by the general public through a governmental entity", however, the Texas Legislature has determined it is in the public interest to establish numerous exceptions to mandatory public disclosure under the Act which restrict City employees and officials from releasing certain types of information. This policy sets forth the procedures used by the City to permit reasonable access to its records while simultaneously protecting the interests of the City's residents and the rights of persons whose information may appear in City records. Questions regarding the scope and application of this policy should be directed to the Public Information Officer. City employees and officials should generally presume that any record relating to their functions within the City will be within the scope of the Act, but there may be exceptions to mandatory public disclosure which call for or allow withholding of the information from the public. II. DEFINITIONS Archival Box means a box that measures approximately 12.5"W x 15.5"L x 10" H, and on average contains 4000 pages. 1 TAC 70.2(10) Business day means any day that the general administrative offices of the City are open and conducting business. Department Contact means the director or supervisor over the department, or their designee to implement the policy in the department. Normal Business Hours means between 8:00 a.m. and 5:00 p.m., Monday through Friday, except for City -observed holidays. OAG means the Office of the Attorney General of the State of Texas. CITY OF ANNA — PUBLIC INFORMATION POLICY - Page 1 of 13 PIA means the Texas Public Information Act (Texas Government Code Chapter 552, as amended). Public Information Officer means the City Secretary or his/her designee. Request or PIR means a properly submitted written request for information held by the City. Requestor means the person or entity who submitted a Request. Responsive Information means all of the City's information falling within the scope of a Request, including all forms of media (paper documents, electronic data files and emails, photos, audio/video recordings, etc.). III. ACCESS TO INFORMATION A. Recognized Methods of Making Requests for City Records It is important to remember that not every inquiry to the City seeking information triggers the duties described by this policy implementing the PIA. As amended on September 1, 2019, the PIA only applies to written requests for information received by certain methods specified by state law, which can also include methods approved by the City Council. The only methods which are permissible for submission of public information requests to the City of Anna are: 1. United States mail Must be addressed to either the City Manager or the City Manager's designee for receipt of public information requests. As of the date this policy was adopted, the City Manager's sole designee to receive such correspondence is the City Secretary. 2. Electronic mail Must be sent to the email address of the City Manager's designee for receipt of public information requests. As of the date this policy was adopted, the City Manager's sole designee to receive emailed public information requests is the City Secretary. 3. Hand delivery Must be hand -delivered to either the City Manager or the City Manager's designee for receipt of public information requests. As of the date this policy was adopted, the City Manager's sole designee to receive hand -delivered requests is the City Secretary. CITY OF ANNA — PUBLIC INFORMATION POLICY - Page 2 of 13 4. Electronic submission via GovQA The City's website provides access to a webform where public information requests can be submitted called "GovQA." Only submissions through features of the site designated expressly for public information requests are approved by the City. Internal processing of GovQA communications through use of City email accounts does not constitute approval of any method of submission of public information requests to any affected emails. A GovQA submission is only approved by the City if properly entered and actually received by the City Secretary and/or City Secretary's designee. These approved methods for submission of PIRs shall be published on the City's website, and they may also be listed on signs posted by the City in accordance with Texas Government Code § 552.205. No other methods of submission have been approved by the City Council. As such, the following examples do not constitute Requests for purposes of the PIA and this policy, and should matters should be handled according to the direction of the employee's Department Contact: • Inquiry via telephone • Verbal / walk-in inquiry • Correspondence to City employees other than the City Secretary (email or paper) • Submissions to any City website or social media account (other than GovQA) B. Information Subject to the PIA The PIA defines "public information" as: [I]nformation that is written, produced, collected, assembled, or maintained under a law or ordinance or in the connection with the transaction of official business. Tex. Gov't Code § 552.002(a). Information is in connection with the transaction of official business if the information is created by, transmitted to, received by, or maintained by an officer or employee of the governmental body in the officer's or employee's official capacity, or a person or entity performing official business or a governmental function on behalf of a governmental body, and pertains to the official business of a governmental body. Tex. Gov't Code § 552.002(a-1). [Public information] applies to and includes any electronic communication transmitted, received, or maintained on any device if the communication is in connection with the transaction of official business. Tex. Gov't Code § 552.002(a-2). CITY OF ANNA — PUBLIC INFORMATION POLICY - Page 3 of 13 This definition is extremely broad and applies to all forms of media. NOTE: the physical location of the information is not dispositive of whether the information is considered to be the City's "public information." As such, City officials and employees should presume that all information relating to City business, even that held/maintained/created by outside entities (such as contractors) is Responsive Information if within the scope of a Request. In addition, City officials and employees should be mindful that any information on a personal device (smartphone or computer), or which is stored remotely —including off -site shared drives and/or cloud storage —could fall within the definition of "public information" for purposes of the PIA. All City officials and employees are responsible for ensuring that all public information is timely transferred from any private device or private account to the City for proper archiving. City employees and officials should preferentially use City -supplied, City -owned devices and email accounts for handling records and communications relating to the official business of the City. Any information relating to City activities which might be contained on a privately -owned device (including that relating to a privately -owned online account, i.e., social media) constitutes personal notes for the personal convenience of the owner (e.g., a memory aid) and is not created, transmitted, received, or maintained by any officer or employee of the City in their official capacity. City records do not include individual employee meeting/appointment schedules, notes memorializing contents of phone conversations or reminders to return calls, draft versions of unsent correspondence, outlines or preliminary versions of incomplete reports not yet shared with any other employees/officials or parties doing business with the City, or similar transitory information unless written, produced, collected, assembled, or maintained under a law or ordinance or in connection with the transaction of official business of the City, as such materials have no administrative value to the City. Failure to comply with this policy could result in an employee/official being deemed a "temporary custodian" of City records under state law, imposing additional special duties regarding preservation of the information. Any and all public information which is inadvertently stored on a privately -owned device shall be promptly forwarded or transferred to the City and/or a City server for preservation. Until such forwarding/transfer is accomplished, all record retention rules must be observed and all public information must be preserved in its original form on the privately -owned device. City employees and officials must surrender or return public information to the City no later than the 10th day after the date the Public Information Officer requests the information or be subiect to disciplinary action and other penalties under state law. When a City employee or official no longer has an official capacity with the City (e.g., ends City employment/leaves office), they shall promptly forward or transfer any public information on a privately -owned device to the City. Failure to comply with this requirement could lead to criminal liability on the part of the former employee/official under state law. C. Information Which is Not Public Information Under the PIA The PIA only applies to information which exists on or before the date a Request is received. Creation of new documents is not required in order to supply information in response to a Request, and City personnel are expressly instructed to refrain from creating new CITY OF ANNA — PUBLIC INFORMATION POLICY - Page 4 of 13 materials in relation to a Request without authorization from the City Secretary. Further, City personnel should be mindful that the PIA also does not require that the City answer questions or conduct legal research. In addition, requests for certain kinds of records are not covered by the PIA, including but not limited to the following: • Records of the judiciary (including records relating to proceedings in the Anna Municipal Court) • Certain records of economic development entities receiving less than $1 million in funding from the City, state agency, or affiliated entities (e.g., Anna's CDC/EDC) in the preceding fiscal year IV. STAFF PROCEDURES 1. The City's policy is to provide a suitable copy of public information which is not subject to withholding under the PIA without undue delay following receipt of a public information request. 2. If the requestor asks that copies be provided a specific format (such as "paper" or designated electronic file type (e.g., "PDF")), the City shall accommodate such requests when practicable, but may seek reimbursement of associated expenses under appropriate circumstances. 3. Any staff member receiving a document which is expressly designated in writing as constituting a public information request (whether within the document body or cover letter/email) shall immediately forward a copy of the document and its related correspondence to the Public Information Officer. The request should be date -stamped to reflect the first day that the City was open for business after following receipt (which may be the same day the request was received). If the receiving staff member is aware of any special City concerns relating to the potentially responsive materials (e.g., anticipated or pending litigation or litigation hold, especially sensitive information, potential for damage to the City's business interests, etc.), they shall also ensure that the Public Information Officer is notified of those potential concerns. The receiving staff member shall also notify the Public Information Officer of the identity of any third -parties likely to hold responsive information on behalf of the City, should any exist. 4. Upon receipt of a request for City records, the personnel responsible for PIR handling shall ensure that the request is properly memorialized in the records -tracking software used by the City, and shall also: a. For non -basic requests (see below), supply a copy to the City Attorney or City' Attorney's designee; CITY OF ANNA — PUBLIC INFORMATION POLICY - Page 5 of 13 b. Calculate all applicable deadlines for City action/response, and ensure that necessary personnel are apprised of those deadlines; C. Make reasonable efforts to obtain public information from any and all temporary custodians of those materials; d. With the assistance of the City Attorney, evaluate whether the City is required to contact any outside agencies to request provision of responsive information; e. In consultation with the Public Information Officer, identify and contact the City personnel who are likely to hold or help identify Responsive Information, including but not limited to temporary custodians as defined by Texas Government Code 552.003(7). 5. All written requests delivered by means other than the exclusive delivery methods listed in Section III(A)(1)-(4) of this policy should receive the following response, delivered via the same method the City received the correspondence if practicable: "Please be advised that I have not been designated as an authorized recipient of public information requests to the City of Anna, and therefore I cannot respond to the request for records included in your correspondence of [month/date/year] to the extent that it was intended to be a request under the Texas Public Information Act. All requests for public information must be submitted in accordance with the City's Public Information Act Policy, Article III. This policy can be accessed at www.annatexas.gov or by sending a written request to the Public Information Officer. If you have any questions about this, please direct them to the Public Information Officer. Thank you for your cooperation." 6. If a request is received by one of the methods set forth in Section III(A)(1)-(4), City employees may, in accordance with individual department policies, engage in discussion with the sender as to the desired objective of the request. The requestor's motivation or reasons for requesting public information will never be considered by the City in determining how it processes proper requests, but City staff should generally encourage requestors to draft their requests as narrowly as possible and avoid use of open-ended terms ("all documents re: , including "; "files, pictures, videos, etc."; "records relating to , such as"). 7. Once it is determined that a submission constitutes a valid written request for public information subject to the PIA, the City is required to make a good faith effort to relate the language of a Request to the public information it holds. However, if a request is overly broad or vague, the requestor may be asked to clarify the request. All requests for clarification must be in writing. All responses for clarification must be in writing or memorialized by the Public Information Officer in writing and kept as part of the PIA request. CITY OF ANNA — PUBLIC INFORMATION POLICY - Page 6 of 13 8. If a large amount of information has been requested, the Public Information Officer may discuss with the requestor how the scope of the request might be narrowed. All narrowing of scope of the request shall be made in writing or memorialized by the Public Information Officer in writing. 9. City staff members receiving direct correspondence which fails to qualify as a proper public information request under this applicable law or policy are authorized to direct such correspondence to alternative communication channels, or provide the sender with notice that no further responses shall issue if correspondence fails to conform with this policy, in a manner authorized by the office of the City Manager. 10. Basic Requests: The Public Information Officer is authorized to treat requests for the following types of information as "basic requests", and so long as no other information is within the scope of a request, may release the responsive information held by the City without redaction or request for Attorney General decision: a. Official and final versions of City documents which were previously made public, such as: i. City ordinances and resolutions passed by the City Council; ii. Notices of public meetings; iii. Approved minutes of public meetings; iv. Official maps of the City limits; v. Approved/adopted financial audits and budget; and vi. Any documents properly published on the City's website. b. Copies of documents obtained by the City from outside private parties (but not other government agencies) through any means generally accessible to the public (e.g., downloads from websites), unless related to ongoing or anticipated litigation matters. c. Basic requests which involve a cost of response for the City of less than $40 shall be fulfilled without seeking to recover said costs from the requestor. In other cases, the preferred method of response shall be to notify the requestor that copies of the requested information may be picked up at City Hall upon payment of the applicable charges. 11. The Public Information Officer will consult with the City Attorney to determine whether the Responsive Information sought by a non -basic request is open to the public. If some or all of the information is determined to be public, the Public Information Officer should arrange for the information to be made available to the requestor without undue delay. 12. When practicable, the City will attempt to provide public information in the format requested so long as (a) the City is technically capable of providing the data in the requested format and (b) the requestor is willing to pay any applicable charges. In some instances, programming and manipulation of data may be necessary to comply with the CITY OF ANNA — PUBLIC INFORMATION POLICY - Page 7 of 13 request. In such cases, additional charges will be assessed to the requestor in accordance with the cost provisions of the Act. 13. The Act calls for the information be provided promptly. If the information is in active use, or if the information cannot be provided within ten (10) business days after the date the information is requested, the City must notify the requestor in writing of that fact and set a date and hour within a reasonable time when the information will be available for inspection or copying. This written notice will typically be sent to the requestor within 10 business days after receiving the request. a. The department contact should notify the Public Information Officer within three (3) days of receipt of the request if additional time will be needed and include an estimate of when the information can be made available to the requestor. b. When necessary, the Public Information Officer will send the written notice to the requestor if additional time is needed to provide the information. 14. All official notifications and responses shall come from the Public Information Officer or the City Attorney's office (or their authorized designees). 15. After the information is provided to the requestor, the Public Information Officer shall attach a copy of the information to the request for inclusion in the City's official record. Requests for Public Information are considered public information. 16. If it appears that the information falls within one of the mandatory or permissive exceptions to public disclosure, the request should immediately be forwarded to the City Attorney. A copy of the information sought shall also be sent to the City Attorney. If the request is for a large volume of information, the City Attorney may ask to review the information, or to receive representative samples of the documentation. All communication with the City Attorney must be coordinated with the Public Information Officer. 17. The City will typically only have ten (10) business days after the date the request is received to prepare and submit a request to the Attorney General for a ruling. Any delay in providing the Public Information Officer and/or City Attorney with the request and/or responsive information may affect the ability of the City Attorney to submit a complete and accurate request for Attorney General decision. The City Attorney will coordinate with the Public Information Officer to prepare and send the proper notifications to the requestor. 18. If the City determines that it is appropriate to ask a requestor to clarify or narrow a request, the deadlines for requesting an Attorney General decision or providing access to responsive materials may be extended in accordance with applicable law. 19. Requests implicating the privacy or property interests of persons other than the City: The Public Information Officer shall determine whether the Responsive Information includes CITY OF ANNA — PUBLIC INFORMATION POLICY - Page 8 of 13 materials subject to exceptions to mandatory public release under Texas Gov't Code §§ 552.101, 552.110, 552.1101, 552.113, 552.131, and/or 552.143. In such cases, the Public Information Officer shall supply a copy of the request and a statement (in the form prescribed by the Texas Attorney General), notifying the person of the receipt of the request and the opportunity to submit arguments against disclosure, not later than the 1011 business day after the City received the request. NOTE: The requirement described in this paragraph is cumulative with all other responsibilities of the Public Information Officer imposed by this policy and applicable law. 20. Requests for "contracting information": If the Public Information Officer determines that a PIR calls for production of "contracting information" as defined by Texas Government Code § 552.0222 which is not maintained by the City, a written request to provide such information to the City must be sent to the person/entity having custody or possession of the contracting information no later than the third business day after the date the City received the PIR. See Tex. Gov't Code § 552.371 and related statutes. V. MUNICIPAL COURT 1. Records of the judiciary, such as the information relating to the proceedings of the Princeton Municipal Court, are not subject to the Act, but may be obtained by members of the general public under certain circumstances. Release of court records is a matter controlled by the Texas Supreme Court for all courts in the state. City staff is not provided any discretion over what materials may or may not be released. 2. The Court Clerk shall process all requests for public information for court records under the guidance of the Municipal Court Judge and the City Attorney, in consultation with the Public Information Officer as necessary. VI. GENERAL GUIDELINES REGARDING AVAILABILITY OF INFORMATION Upon a determination by the Public Information Officer that the information is available for release, the information should be made available during regular business hours at City Hall. Once notified that the information is available for inspection, requestors shall have ten (10) business days to contact the Public Information Officer and schedule a time for inspection. 2. Generally, a requestor may choose to inspect or to copy public information, or to both inspect and copy public information. When copies are requested, the City department that has custody of the information shall make the copies and provide the same to the Public Information Officer. 3. Whenever practical, copies of original records should be made available to the requestor for review. Original records may not be removed from the offices of the City. CITY OF ANNA — PUBLIC INFORMATION POLICY - Page 9 of 13 Requestors may be allowed to review original records under the supervision of a City employee. 4. The examination of information by a requestor may be interrupted if the information is needed for use by the City. 5. The department contact and any City employee dealing with requests for public information shall treat all requests for information uniformly without regard to the position or occupation of the requestor, the person on whose behalf the request is made, or the status of the individual as a member of the media. 6. The City is not required to provide a copy of information in a commercial book or public purchased or acquired by the City for research purposes if the book or publication is commercially available to the public. 7. The City shall allow the inspection of information in a book or publication that is made part of, incorporated into, or referred to in a rule or policy of the City. 8. The Act does not require the City to comply withstanding requests for documents that may be created in the future. Due to the limited availability of City resources, the City shall decline any such requests to provide records on an ongoing basis or to provide periodic updates. 9. Once the information is provided, the Public Information Officer or department contact, shall document that the requestor has received the information by one of the following methods: a.The requestor should be asked to sign and date the City's copy of the request or suitable acknowledgment form if the information is picked up in person. b.lf the information is faxed to the requestor, the fax transmittal sheet along with the confirmation showing date and time should be kept and attached to the request. c. If the information is e-mailed to the requestor, a copy of the email shall be printed out or converted to PDF for separate archiving, showing the date and time the email was sent. d.lf the information is mailed, the sender shall use certified mail, return receipt requested, and ensure that the tracking number and postmarked date are recorded for future reference. e.No matter which delivery method is used, a complete copy of the contents of each item of correspondence sent to a requestor shall be retained (electronic format is acceptable) and kept with the City's other records relating to the request. 10. The City may require that any person seeking to inspect or to pick up copies of information assembled pursuant to a public information request establish proper identification. The preferred method of establishing proper identification is by provision of a driver's license, but other materials might be acceptable as determined by the City CITY OF ANNA — PUBLIC INFORMATION POLICY - Page 10 of 13 Attorney. The City will make copies of all proofs of proper identity offered for this purpose. Failure to establish proper identification may result in a delay or denial of access to the requested information. VII. COSTS The Public Information Officer shall ensure that costs assessed are consistent and in accordance with state law. The following guidelines are to be utilized in determining and collecting costs of providing information. 1. Each department contact should carefully document expenses related to producing the information for each request, including time spent collecting and locating information, supplies used, number of copies, etc. 2. The City will charge for public information in accordance with the cost rules established by the Texas Attorney General, as such rules exist and as they may be amended, or as otherwise provided by state law. 3. Certain information developed by the City for the purposes of informing the public such as budgets, ordinances, brochures and pamphlets, may be provided at no cost if approved by Council as in the public interest. To the extent practicable, the City will endeavor to maintain its website up-to-date, including such documents of general interest such as ordinances, agendas, minutes or meetings, maps, budgets, etc. 4. Bond. The City shall require a bond, prepayment/deposit, or other adequate assurance of payment if the estimated costs exceed $100, sufficient to ensure the City will recover 100% of chargeable costs. The Public Information Officer shall notify requestors in writing of any bond, prepayment, or deposit requirements and the procedures for submission. If a required bond, prepayment, or deposit is not received within ten (10) business days, the request is considered to have been withdrawn. When a bond, prepayment, or deposit is provided by a requestor, the date that it is received is considered to be the date the request is received by the City. 5. Requests that Require a Large Amount of Personnel Time: a. Consistent with Section 552.275, costs attributable to personnel charges related to a request shall be assessed if: The amount of time that personnel are required to spend producing public information for inspection or duplication by a requestor, or providing copies of public information to a requestor, exceeds 36 hours in the 12-month period corresponding to the City's fiscal year. The time spent producing public information for each and every request from a single requestor during the corresponding fiscal year is aggregated for purposes of the 36 hour threshold. CITY OF ANNA — PUBLIC INFORMATION POLICY - Page 11 of 13 ii. Once the requests exceed 36 hours in a 12-month period corresponding to the City's fiscal year, the requestor shall be required to compensate the City for costs attributable to personnel time exceeding the 36 hour threshold. 1) This provision does not preclude the City from assessing labor charges for a request for copies or a request for inspection as authorized under other provisions of the Act. Labor costs are calculated using the hourly rates set by the State of Texas, and were set as $15.00 per hour in 2014. Labor charges and personnel charges will not both be assessed for any individual request. 2) When the requestor meets or exceeds 36 hours, the Public Information Officer shall also assess charges for overhead expenses and materials for all subsequent requests. 3) When necessary, the Public Information Officer will typically provide a written estimate of charges within ten (10) business days of receipt of the request, even if the estimated total will not exceed $40.00. b. The time limit established herein shall be applied to all requestors equally, except for those exempted under the Act, and the Public Information Officer shall record the number of hours required to respond to each requestor in the City's 12-month fiscal year. c. In order to enforce the cost recovery provisions for personnel time as described above, the Public Information Officer must provide each requestor with a statement detailing the time spent in complying with the current request and the cumulative amount of time the requestor has accrued toward the established limit as each request is concluded. Time spent preparing the statement shall not be included in any charges. The statement described in this subsection may be combined with or accompany other City correspondence to the requestor, such as an estimate of copying costs. 6. Charges for Inspection: a. The Public Information Officer shall charge for copies of any page that must be copied so that confidential information may be redacted to enable the requestor to inspect the information subject to release. Tex. Gov't Code, 552.271. b. If the information requested exists only in an electronic medium and a copy is not requested, requestors may be subject to charges if compliance with the request will require programming or manipulation of data. c. A deposit, bond, or prepayment of anticipated personnel costs will be required if only inspection is requested if the Public Information Officer estimate that it will require more than 5 hours to prepare the records for inspection (including the time CITY OF ANNA — PUBLIC INFORMATION POLICY - Page 12 of 13 required to locate and compile the records, redact confidential information and to make copies of pages requiring redaction), and: 1) The records sought to be inspected are older than 5 years; or 2) The records completely fill, when assembled, 6 or more archival boxes d. Personnel time spent responding to requests for inspection is included in the calculation of the requestor's 36 hour per fiscal year threshold. 7. Overdue Balances: If the requestor has an overdue balance exceeding $100, the Public Information Officer shall require full payment or obtain a security deposit before processing additional requests from the same requestor. VIII. MISCELLANEOUS 1. Department Contacts should address any questions regarding the policy and procedures for processing PIA requests to the Public Information Officer. 2. Any matters or issues not addressed by this Policy relative to public information shall be governed by the provisions of the PIA and any other applicable laws or policies. 3. The City Manager, in consultation with the City Secretary and the City Attorney, may amend this policy on an as -needed basis to conform with changes in applicable law and/or the administrative needs of the City. If such amendments are made without advance individualized approval by the City Council and reflect a material change in prior policy, the amended policy shall be presented to the City Council for formal adoption and/or further modification when practicable. 4. Helpful information on the Public Information Act is available at: a. Attorney General's Website: ww.oag.state.tx.us b. Texas State Law Library: (512) 463-1722 c. Cost Rules Administrator (questions concerning charges): i. 888/672-6787 (888)ORCOSTS or ii. (512) 475-2497 d. Open Government Hotline: i. 512/478-OPEN (6736) or ii. Toll Free at: 877-OPEN TEX or (877) 673-6839 CITY OF ANNA — PUBLIC INFORMATION POLICY - Page 13 of 13 104.03.1 Requests for Public Information (a) Unless an employee is otherwise directed by the employee's department head in writing as part of a written departmental policy that permits the employee to release specific categories of records or information to the public, the employee shall follow the procedures set forth in this section whenever an employee receives a written request for public information. (b) If an employee receives what appears to be a request for public information via email the employee should respond only by reply email. If the employee receives such a request via facsimile, the employee should respond only via facsimile. The content of the employee's response to a request received via email or facsimile shall be as follows, including the correct date and time of the email or fax in the blanks: Please be advised that if the email/fax that I received on _ _ , 20, at _.m. was intended to be a request for public information, I am not an authorized officer for public information for the City of Anna and therefore, I cannot respond to the request. A request for public information may be sent to the City Secretary in accordance with The Anna City Code of Ordinances, Part 11, Art. 48, Sec. 8. The Code can be accessed at www.annatexas.gov or by sending a written request for the Code to the City Secretary. If you have questions about this, please direct them to the City Secretary. Thank you for your cooperation. (c) If an employee continues to receive additional requests for information by email or fax from the same requestor after the employee has provided the requestor with the response set forth above, or if the employee receives any harassing or threatening communications or has any questions regarding how to handle a request, the employee should report to their supervisor or department head as soon as possible. (d) If an employee receives a written request for information that was submitted other than by email or fax (e.g., hand delivery, regular mail, courier, etc.) the employee shall promptly (same day as receipt if at all possible) provide the request to the employee's department head. (e) Department heads shall follow the same instruction set forth above as set forth above in this section, except that if a department head is the recipient of a written request for public information submitted other than by email or fax (or if a subordinate provides you with a request submitted to them by means other than by email or fax), the department head shall promptly (same day as receipt if at all possible) forward the request to the City Secretary. (f) Certain exception to this section may apply if a department head has already established and the City Manager has already approved a routine policy that allows the release of specific categories of information (e.g., release of accident reports by the Police Department). If a department head desires to establish a special policy that differs in any manner from the procedures set forth in this section, the department head shall draft a proposed departmental policy describing same and shall submit it to the City Manager for review. If approved in writing by the City Manager, the special policy shall be distributed to all employees in the department and it shall take precedence over the procedures in this section to the extent of any conflict. THE CITY OF Anna AGENDA ITEM: Item No. 8. City Council Agenda Staff Report Meeting Date: 1 /14/2020 Consider/Discuss/Action on an Ordinance regulating Solicitation activities within the city limits. (Police Chief Jeff A. Caponera) SUMMARY: In 2006, the City adopted an Ordinance which addressed solicitors within the city limits. Since, there have been a number of court cases challenging such ordinances as unconstitutional because certain aspects within the ordinances infringe on the public's right to free speech. In 2017, the Supreme Court of the United States (SCOUS) ruled in Reed v. Town of Gilbert, that "Government regulation of speech is content based if a law applies to particular speech because of the topic discussed or the idea or message expressed." Recently, the City of Dallas's panhandling ordinance was challenged under Reed. In this case the courts upheld Dallas's ordinance and asserted that even though the activities of the plaintiffs were protected under the First Amendment, there are legitimate interests the City has to protect the public. As such, the courts deemed legitimate interests as protecting citizens from fraud and crime, promoting traffic safety, and ensuring citizens feel secure in their surroundings. The repeal of the originally drafted Solicitor Ordinance and rewrite of the new Solicitation Ordinance was necessary to comply with the most recent SCOUS ruling and provide a clear legitimate interest in protecting our neighbors. City Strategic Goal: Anna -A Great Place to Live Fiscal Impact: None STAFF RECOMMENDATION: Staff Recommends Approval ATTACHMENTS: Description Upload Date Type Ordinance 1/7/2020 Staff Report CITY OF ANNA, TEXAS ORDINANCE NO AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS REPEALING ARTICLE 5.05 (SOLICITORS) OF CHAPTER 5 (BUSINESS REGULATIONS) OF THE ANNA CITY CODE OF ORDINANCES AND REPLACING SAID ARTICLE WITH A NEW ARTICLE 5.05 ADOPTING REVISED REGULATIONS OF SOLICITATION IN THE CITY; AMENDING SECTION A4.004 (SOLICITATION PERMIT AND IDENTIFICATION CARDS) OF ARTICLE A4.000 (MISCELLANEOUS FEES) OF THE ANNA CITY CODE OF ORDINANCES; PROVIDING A PENALTY FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED $500; PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City of Anna, Texas ("City") finds that unregulated door-to-door solicitation is a nuisance and endangers not only rights of City residents to quiet use and enjoyment of their property, but also presents hazards to the health, safety, and welfare of the community; and WHEREAS, the City Council of Anna ("City Council") has investigated and determined that this ordinance is necessary to protect the City's residents against criminal activity, including fraud and burglary, minimize the unwelcome disturbance of citizens and the disruption of privacy, and otherwise preserve the public health, safety, and welfare by regulating and controlling solicitors and administering a process for issuance of permits for such activities; and WHEREAS, the City Council believes that the City's residents should be protected from disturbance by uninvited individuals who solicit door-to-door or who deliver flyers, pamphlets, handouts, handbills, or advertisements to homes, and so desires to regulate such activity to the extent permitted by the Texas Constitution and United States Constitution; and WHEREAS, the practice of pedestrians loitering in and around public rights -of -way in the City for the purpose of soliciting financial contributions from passing drivers has been found to be a nuisance, a distraction to drivers, and presents a hazard to the safe movement of motor vehicles and persons in and through the City; and WHEREAS, the City Council has investigated and determined that it would be advantageous and beneficial to the City and its citizens to amend The Anna City Code of Ordinances ("Anna Code"), by repealing the existing Article 5.05 (Solicitors) of Chapter 5 (Business Regulations), in its entirety, and replacing it with a new Article 5.05 (Solicitors) of Chapter 5 (Business Regulations), and to amend Section A4.004 (Solicitation Permit and Identification Cards) of Article A4.000 (Miscellaneous Fees) of Appendix A of the Anna Code by revising the amounts charged for such permits; CITY OF ANNA, TEXAS ORDINANCE NO. Page 1 of 16 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Repealing Article 5.05 (Solicitors) of Chapter 5 (Business Regulations) of the Anna Code Article 5.05 (Solicitors) of Chapter 5 (Business Regulations) of the Anna Code is hereby repealed in its entirety. Section 3. Adding a New Article 5.05 (Solicitors) to Chapter 5 (Business Regulations) to the Anna Code. This section amends Chapter 5 (Business Regulations) of the Anna Code, by adding a new Article 5.05 (Solicitors), as set forth below: ARTICLE 5.05 SOLICITORS Sec.5.05.001 Purpose This article is and shall be deemed an exercise of the police powers of the state and of the city for the good government, peace, order, public safety, comfort, convenience, and protection of the city and the citizens thereof, and all of the provisions of this article shall be constructed for the accomplishment of that purpose. Sec.5.05.002 Definitions The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: City means the City of Anna, Texas. Consumer means an individual who acquires real or personal property, services, money, or credit for personal, family or household purposes. Parkway means the area between the edge of the designated street and the adjacent owner's property line. Public property means: (a) any property open or devoted to public use or owned by the city; and (b) any area, inclusive of area owned in fee simple or held as rights of way or easements, whether prescriptive or dedicated, to the public use CITY OF ANNA, TEXAS ORDINANCE NO. Page 2 of 16 for sidewalk, street, highway, roadway or other transportation purposes, including, but not limited to, any curb, median, parkway, shoulder, sidewalk, alley, drive, or public right-of-way. Religious organization means an organization that is dedicated to the support of a church, religious society, or any other religious sect, group, or order. Roadway means the portion of a highway, other than the berm or shoulder, that is improved, designed, or ordinarily used for vehicular travel. If a highway includes at least two separate roadways, the term applies to each roadway separately. Sidewalk means any surface provided for the use of pedestrians which excludes motor vehicles. Street solicitation means gaining or attempting to gain —from the roadway or public property adjacent to the roadway —the attention of occupants of vehicles, either orally or in writing, in order to: (1) ask for a ride, employment, work, goods, services, financial aid, monetary gifts, or any article or thing representing monetary value, for any purpose; (2) offer to sell something; (3) register or take application for registration for memberships in a group or organization; (4) give away goods, services or publications; or (5) ask for signatures on a petition; or (6) ask for answers/opinions on a survey or other purposes. Solicitation means conduct within the city's corporate limits whereby a solicitor attempts to engage in or engages in the following activities: (1) Either orally or in writing, asks for a ride, employment, property, financial aid, money, or any article or thing representing monetary value, for any purpose; (2) Whether orally or in writing, peddles, sells or offers to sell goods, services, publications, or subscriptions; (3) Whether orally or in writing, takes orders for any goods or services for future delivery; (4) Distributes without remuneration goods, services, publications, or subscriptions; (5) Requests signatures on a petition or canvasses for opinions for a survey; or (6) Delivery of handbills or circulars door-to-door for the solicitation of money, products, services or other items of pecuniary value. "Street solicitation" has a different meaning than "solicitation" and is defined separately in this section. Solicitor means any individual, firm, company, partnership, corporation, association, trust, society, religious organization, league, or other legal e CITY OF ANNA, TEXAS ORDINANCE NO. Page 3 of 16 (including any trustee, receiver, assignee, agent, member or similar representative) attempting to engage in or engaging in any act of solicitation or street solicitation as those terms are defined in this article. "Solicitor" also includes beggars and panhandlers. Street means the portion of the street that is paved, designated, or used for vehicular traffic, and all areas dedicated to public use for public street purposes, which includes parkways, alleys, public easements, and sidewalks. Vehicle means a device that can be used to transport or draw persons or property on a roadway. Sec. 5.05.003 Permit required; conditions (a) It shall be unlawful for any person to attempt or to engage in solicitation without having first applied for and obtained a permit from the city in accordance with this article. (b) Such permit shall be personal to the individual solicitor and shall not be reproduced nor assigned nor transferred to any other solicitor. Any such attempted transfer or reproduction is unlawful and shall render the permit void. (c) Each permit shall expire as of the date noted thereon, which date shall be in accordance with the provisions of this article, and such permit shall indicate the daily hours when solicitation within the city is permitted in accordance with the provisions of this article. Solicitation in the city while displaying an expired permit is unlawful. Solicitation outside of the hours specified in a permit is unlawful. (d) It shall be unlawful for any person who shall conduct solicitation in the city to represent in connection with such solicitation of funds that the issuance of a permit or identification card by the city constitutes an endorsement thereof. (e) It shall be unlawful for any person engage in solicitation for a purpose other than that set out in the registration statement or application upon which the permit was issued. (f) A permit shall not be issued to any person under 13 years of age. (g) Solicitation shall be deemed completed when made, regardless of whether the person making the solicitation receives any contribution or makes any sale. Sec. 5.05.004 Prohibited location, activities, and conduct a) It shall be unlawful for any person to engage in solicitation, with or without a CITY OF ANNA, TEXAS ORDINANCE NO. Page 4 of 16 permit issued in accordance with this article, in the following places in the city: (1) Within 25 feet of the following facilities: a. ATM machines; b. Entrances and exits of banks, credit unions, or other financial institutions; c. Exterior public pay telephones; d. Self-service car washes; e. Self-service fuel pumps; f. Public transportation stops; or g. An outdoor dining area of a fixed food establishment; or (2) Any residence or place of business which shall exhibit in a conspicuous place upon or near the main entrance to the residence containing the words "NO SOLICITORS" or "NO SOLICITATION." The letters shall be not less than two-thirds of an inch in height and should be displayed on a weatherproof card not less than three inches by four inches in size. (b) It shall be unlawful to conduct any manner of street solicitation anywhere in the city. An offense occurs when the street solicitation is made, whether or not an actual employment relationship is created, a transaction is completed, or an exchange of money, goods, or services or other exchange takes place. (c) It shall be unlawful for a person engaged in solicitation to: (1) Misrepresent the purpose of the solicitation; (2) Misrepresent the affiliation of those engaged in the solicitation; (3) Continue efforts to solicit from an individual once that individual informs the solicitor that he does not wish to give anything to or purchase or accept anything from that solicitor; (4) Represent the issuance of any permit or registration under this article as an endorsement or recommendation of the solicitation; (5) Remove, deface, or render illegible a card placed by the occupant of a residence or place of business pursuant to Sec. 5.05.004(a)(2); (6) Conduct solicitation on property upon which the owner of the property or the person controlling the property has posted signs prohibiting solicitation; or (7) Remain on property after the property owner, or the property owner's designee, representative or agent, has instructed the solicitor to leave. (d) No solicitor, or person working on his behalf, shall shout, make an outcry, blow a horn or whistle, or use any sound device, including any sound amplifying system, upon any of the streets, avenues, alleys, parks or other public places of the city, or otherwise be in violation of the city's noise regulations. (e) No person shall engage in solicitation through the delivery of handbills or circulars by placing said handbills or circulars on motor vehicles, public utility posts, or other location such that the same constitutes littering under Texas Health and Safety Code Chapter 365. It is presumed that the person or CITY OF ANNA, TEXAS ORDINANCE NO. Page 5 of 16 business whose address or telephone number is listed in the notice, poster, paper, or device, or who is otherwise named, described, or identified in the notice, poster, paper, or device, is the person or business who committed the violation, either personally or through an agent or employee. (f) Notwithstanding any other provision in this article, it shall be unlawful for any person to allow children 13 years of age or younger to engage in solicitation, unless such children are actively supervised by a parent, guardian or other adult person at least 18 years of age. For purposes of this section, "actively supervised" means that the adult person shall be within 100 feet of all children 13 years of age or younger for whom the adult person is responsible at all times when the children are engaged in solicitation. (g) For purposes of the 25-foot measurement stated in subsection (a)(1) of this section, the measurement will be made in a straight line, without regard to intervening structures or objects, from the nearest point at which a solicitation is being conducted to whichever is applicable of the following: (1) the nearest entrance or exit of a facility in which an automated teller machine is enclosed or, if the machine is not enclosed in a facility, to the nearest part of the automated teller machine; (2) the nearest entrance or exit of a bank, credit union, or other similar financial institution; (3) the nearest part of an exterior public pay telephone; (4) the nearest part of the structure of a self- service car wash; (5) the nearest part of a self-service fuel pump; (6) the nearest point of any sign or marking designating an area as a public transportation stop; or (7) the nearest part of any table in an outdoor dining area or, if the outdoor dining area is contained within an enclosure, the nearest part of that enclosure. Sec. 5.05.005 Times when soliciting prohibited No person shall engage in solicitation in any residential district in the city after sunset on any day until 9:00 a.m., Monday through Saturday, unless the transaction is the result of a request made to such person by the occupant of such private residence. The term "sunset" means the time of day identified by the National Weather Service as the time for sunset for that day for the city. There shall be no solicitations on Sunday, New Year's Day, Fourth of July, CITY OF ANNA, TEXAS ORDINANCE NO. Page 6 of 16 Memorial Day (observed), Labor Day (observed), Thanksgiving, or Christmas Day. Sec.5.05.006 Exemptions (a) The following persons engaged in solicitation in the city shall first register with the police department. Said registration shall consist of filling out a form supplied by the police department and supplying proof that the registrant is engaged in one of the activities below. Upon receipt of a completed registration form and verification that the supplied proof is satisfactory, the chief of police of the city or the chief of police's designee ("chief of police") shall issue to the applicant a registration certificate which provides an exemption to the terms and conditions of this article and payment of the solicitation permit fee. The following persons are eligible to register and be exempted from this article under this section: (1) Employees, officials, agents, or representatives of utility companies conducting official business with existing customers associated with a franchise granted by the city or duly authorized to operate utility services in the city by a superior agency; (2) Commercial agents dealing with local business establishments in the usual course of business; (3) Insurance salesmen, real estate salesmen, and others conducting business within the ambit of a valid license issued by the State of Texas; and (4) Qualifying persons operating under an authorization issued under Texas Transportation Code § 552.0071. (b) The following activities are not classified as solicitation for the purposes of this article, although persons engaging in such activities may voluntarily elect to register with the police department: (1) An offer of membership in any organization unless that offer of membership is contingent on a financial transaction with a specified person or entity (e.g., gym "memberships", activity clubs requiring purchase of goods or services from a specific source); (2) Employees, officials, agents, or representatives of governmental entities conducting official business; (3) Solicitations by children under the age of 13, so long as they are actively supervised by a parent, guardian or other adult person, at least 18 years of age, who is responsible for the well-beingof f the CITY OF ANNA, TEXAS ORDINANCE NO. Page 7 of 16 child; (4) Religious, political, or nonprofit organizations and their representatives may distribute handbills, pamphlets, or other written materials ("literature") for the purpose of communicating issues of general interest to the public are not required to register with the police department or pay a permit fee, (acceptance of a voluntary donation from a resident during the distribution of literature does not affect this exemption); and (5) Ordinary commercial travelers who sell, or exhibit for sale, goods, wares, or merchandise to persons selling and dealing in the same within the city. (c) Notwithstanding any provision of this section, this section does not provide for any exemption or exception from the prohibition against street solicitation. Sec. 5.05.007 Affirmative Defenses A person accused of a violation of this article may present evidence relating to the following conditions as an affirmative defense against prosecution: (1) Solicitation (other than street solicitation as defined and prohibited under this article) consisting of being lawfully present in a public right- of-way for the purpose of selling newspapers or publications or other printed material which deal with the dissemination of information or opinion. (2) Activity falling within definition of solicitation or street solicitation under this article was for purpose of summoning aid or requesting assistance in an emergency situation, or by a law enforcement officer in the performance of official duties. (3) Solicitation was conducted under a reasonable belief that the property or occupants were at imminent risk of injury from flood, gas leak, fire, or natural disaster, or that the structure was subject to an evacuation order promulgated by a lawful authority. Sec. 5.05.008 Application for permit Every person or entity desiring to engage in solicitation in the city shall, unless otherwise excepted, apply for a permit from the police department. Each application for a permit required by this section shall be in writing, under oath, notarized and shall set out the following: CITY OF ANNA, TEXAS ORDINANCE NO. Page 8 of 16 (1) The name of the applicant, with his permanent residence; (2) Whether the person represents a partnership, corporation or association, and: a. The business address and telephone number of the applicant; b. If a partnership, the names of all partners and the principal business address and telephone number of each partner; c. If a corporation, the person applying shall state whether it is organized under the laws of the state or is a foreign corporation, and must show the mailing address, business location, telephone number, name of the individual in charge of the city office of such corporation, and the names and addresses of all officers and directors or trustees of said corporation, and, if a foreign corporation, the place of incorporation; or d. If an association, the application shall show the association's principal business address and telephone number, if any, and shall show names and principal business or residence addresses and telephone numbers of all members of the association unless they exceed ten in number, in which case the application shall so state and the person registering may alternatively list the names and principal business or residence addresses and telephone numbers of the officers and directors or trustees of the association. If the association is part of a multistate organization or association, the mailing address and business locations of its local office; (3) The name and address of each person to solicit under the permit; (4) The names mailing address and telephone number of all individuals who will be in direct charge or control of the solicitation of funds; (5) The kind, type and character of goods or services he proposes to offer for sale, including the name brand, manufacturer and distributor of goods and commodities and the name, publisher and distributor of all books, magazines or periodicals to be offered for sale; (6) Names and addresses of five persons as references, excluding relatives and persons living with the applicant; (7) How often the applicant expects to conduct solicitation within the city during the subsequent 12-month period; (8) The period within which the solicitation is to be made, giving the date of the beginning of solicitation and its projected conclusion; A description of the methods and means by which the solicitation CITY OF ANNA, TEXAS ORDINANCE NO. Page 9 of 16 is to be accomplished; (10) The names of any cities where the applicant has worked within the previous six months; (11) Whether the applicant, or any solicitor listed in the application, has ever been convicted of a felony or a misdemeanor involving moral turpitude; (12) The state driver's license number or a state approved identification card number of the applicant and each solicitor; and (13) The social security number of the applicant and each solicitor. Sec. 5.05.009 Permit attachments In addition, there shall be attached to each application for a permit, the following: (1) Two recent photographic likenesses of the applicant's face, and any solicitor soliciting under said permit, which photographs shall not exceed one inch squared in size; (2) If the application is submitted on behalf of an entity, a certificate or letter from the president, vice-president, general manager, sales manager, assistant sales manager or district or area manager of the company for which the applicant works, sells or solicits stating that the applicant and any solicitors listed in the permit application is/are employees and/or agents of such company; (3) A reference to a recognized financial rating publication, which reference shall show the page on which the company's or firm's financial standing can be found; or a letter or a certificate from an association or organization which has as its purpose the protection of citizens of the United States against illegal or unsavory business practices stating that the firm or company is a member in good standing of such association or organization; and (4) For individuals who are not canvassing, selling or soliciting for any firm, company, or other legal entity, letters of recommendation from two citizens of the applicant's city of permanent residence shall be submitted. Sec.5.05.010 Fees The application shall be accompanied by a fee as set forth in section A4.004 of CITY OF ANNA, TEXAS ORDINANCE NO. Page 10 of 16 the fee schedule in appendix A of this code, for the investigation and administration of the provisions of this article. This fee shall be paid to the city permit officer. In addition, the applicant shall pay a fee as set forth in section A4.004 of the fee schedule for each identification card issued. Sec. 5.05.011 Investigation of applicant It shall be the duty of the chief of police to secure a background check through any lawful means on each applicant, and all other persons listed on the application before issuance of a permit, which investigation may include, but is not necessarily limited to, personal interviews with named individuals, criminal history checks, verification of references and information contained within the application. Sec. 5.05.012 Issuance of permit; duration of permit A permit applied for under this article shall be issued by the police department within ten days after the application is completed and filed, unless it is determined that the applicant has provided false or incomplete information on his application. Said ten-day time period shall not begin to run until the application is 100% complete and all fees have been paid. A permit requested under this article shall be issued for the length of time requested, not to exceed six months. An expired permit may be renewed under the same terms and conditions as the original application and subject to the same fees and an updated criminal history check. Sec. 5.05.013 Denial of permit An application for a solicitation permit will be denied if any of the following conditions exist: (1) The applicant fails to provide all missing components of the permit application within 5 (five) business days following notification from the chief of police that the application is incomplete. (2) Any information submitted in the permit application is determined to be false. (3) The lawful existence of any business entity applicant cannot be verified. (4) The names or addresses of any person who is to solicit under the permit cannot be verified. (5) Any person listed as a reference on the application fails to respond to the city's contact attempts within 72 hours. CITY OF ANNA, TEXAS ORDINANCE NO. Page 11 of 16 (6) The applicant, the entity on whose behalf the applicant submits the application, or any person to engage in solicitation under the permit is determined to have a prior conviction for, or is under ongoing investigation or prosecution for, any offense involving violence (including but not limited to domestic violence or sexual assault), unlawful entry onto property, willful or reckless destruction of property, theft, robbery, burglary, fraud, or any crime of moral turpitude. If the offense which would be disqualifying under this subsection is the subject of a governmental pardon issued by the appropriate authority, it shall not form the basis of denial of a permit. (7) The applicant, the entity on whose behalf the applicant submits the application, or any person to engage in solicitation under the permit is determined to have engaged in conduct constituting a violation of solicitation regulations promulgated by any other governmental entity, including but not limited to another municipality, unless such violations have been conclusively abrogated by judicial determination of a court of competent jurisdiction. (8) The applicant, the entity on whose behalf the applicant submits the application, or any person to engage in solicitation under the permit is determined to be delinquent in the payment of any fines, fees, or taxes owed to the city, including but not limited to sales taxes arising from business transactions conducted within city territory. Sec. 5.05.014 Form of permit Each permit shall be printed in black, except that the following shall be printed prominently thereon in red text: "The issuance of the permit is not an endorsement by the City of Anna or any of its officers or employees." Each permit shall bear a permit number, which is the same as the file containing the application filed by the applicant. Sec. 5.05.015 Permit to be displayed It shall be unlawful for any person to engage in solicitation in the city without carrying the identification card and displaying the permit required by this article on the solicitor's person, in plain view, while engaged in solicitation. Sec. 5.05.016 Exhibiting permit Every solicitor or peddler or seller shall identify as a solicitor upon approaching a person in a public place or at a private dwelling and explain the purpose of the solicitation, whether it be direct sales, solicitation or orders of the demonstration of goods or merchandise, or any combination of purposes thereof, and shall _roduce for inspection, upon request b any ny person, the solicitor's permit issued CITY OF ANNA, TEXAS ORDINANCE NO. Page 12 of 16 by the city. Sec. 5.05.017 Solicitors' dentification cards Each identification card issued by the police department shall bear the name of the applicant, the application number, the name of the solicitor, or agent, and the expiration date of the permit, and it shall have printed prominently thereon in red text: "This identification card is not an endorsement of the solicitation by the City of Anna or any of its officers or employees. It is your duty to verify all information given to you by this solicitor." The applicant shall provide, by a separate list, the names and addresses of all agents or employees for whom identification cards are to be issued. Sec. 5.05.018 Responsibility for acts of solicitors The recipient of a permit or named applicant shall be responsible for the acts of his authorized representatives or solicitors listed in permit application in connection with solicitation activities. In this regard, the recipient of the permit shall actively supervise all persons listed in the permit application, which supervision shall include, but not be limited to, remaining within the corporate city limits during all solicitation activity and responding promptly (within ten minutes) to calls by city representatives relative to the solicitation activity which may include responding to an on -site complaint from a citizen. Sec. 5.05.019 Revocation of permit (a) If, after the permit required by this article has been issued, the chief of police finds that the permit was obtained by false representation in the application, or the permit has been reproduced or transferred or assigned to another person or the applicant has led someone to believe the permit is an endorsement of the applicant's product or service by the city, or in the event of fraud or misrepresentation by the permit holder, or in the event of conviction of the permit holder of a felony or a misdemeanor involving moral turpitude, or in the event the permit holder has failed to furnish the items required by this article, such permit may be revoked by the chief of police. (b) If the chief of police or a police officer has probable cause to believe that a solicitor has engaged in prohibited conduct as defined by this article, the officer may revoke the permit of the permit holder. (c) If more than one complaint of misconduct by a solicitor or group of solicitors working for the same company is received, the permit may be immediately revoked by the city. Sec. 5.05.020 Appeal from denial or revocation of permit CITY OF ANNA, TEXAS ORDINANCE NO. Page 13 of 16 Should an applicant be denied a permit, or have a permit revoked, the applicant may appeal that action to the city council by submitting a letter to the chief of police within ten days to complain of that action. A hearing of the denial will then be scheduled for the next regular meeting of the city council, or a special meeting of the city council, to be held within 45 days of the appeal. The city council shall render a decision on the appeal within one day of the date of the hearing. Such hearing shall be an administrative hearing. Adherence to formal rules of evidence shall not be required. The decision of the city council shall be final and binding. No new application for a permit from that applicant will be considered for six months after denial or revocation, unless said denial or revocation is without prejudice or is conditional and the conditions have been satisfied as determined by the chief of police. Sec.5.05.021 Bond Each person engaging in solicitation activities requiring cash deposits or taking orders on delivery purchases (COD) or who requires a contract of agreement to finance the sale of any goods, services or merchandise for future delivery, or for services to be performed in the future, shall furnish to the city a cash bond in the amount of $5,000.00, naming the applicant for the permit as principal. The bond shall be in full force and effect for one year from the date of issuance of the permit, unless otherwise extended by demand of the city due to the revocation of the permit, or an anticipated delivery date beyond 12 months, in order to protect the citizens of the city from potential losses associated with such solicitations. Sec. 5.05.022 Consumers right to cancel (a) The merchant, peddler, or seller shall provide to the consumer in writing the right to cancel a solicitation transaction made in person or by telephone in which the consideration exceeds $25.00, until midnight of the third business day after the day on which the consumer signs an agreement or offer to purchase in a solicitation transaction. For purposes of a telephone solicitation, date of transaction means the day that the consumer receives the goods, services, or realty purchased in a solicitation transaction. (b) If the consumer chooses to cancel the solicitation transaction, notification by mail shall be considered given at the time mailed as evidenced by the postmark; notification by telegram shall be considered given at the time filed for transmission; and notification by any other writing shall be considered given at the time delivered to the merchant's designated place of business. (c) It shall be unlawful for a merchant, peddler, or seller to refuse to allow the customer to cancel the solicitation transaction. (d) Cancellations authorized, and the procedure and notice requirements set forth in Texas Business and Commerce Code Chapter 601, as it may be amended, are applicable to this section, for transactions applicable thereunder. CITY OF ANNA, TEXAS ORDINANCE NO. Page 14 of 16 Sec.5.05.023 Penalty Any person violating any of the provisions or terms of this article shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by a fine not to exceed the sum of $500.00 for each offense, and each and every day such violation shall continue be deemed to constitute a separate offense. Allegation and evidence of a culpable mental state is not required for proof of any offense defined by this article. Sec. 5.05.024 Public disclosure All applications, whether or not a permit is issued, shall be public records and shall be available for inspection and/or copying by members of the public in accordance with the provisions of the Texas Public Information Act (Tex. Gov't Code Chapter 552, as amended). (Ordinance 283-2006 adopted 8/22/06; 2008 Code, pt. IV, art. 5, sec. 2; Ordinance , adopted ). Section 4. Amending Sec. A4.004 (Solicitation Permit and Identification Cards) of Article A4.000 of the Anna Code. This section amends Appendix A Fee Schedule of the Anna Code by amending Sec. A4.004 (Solicitation Permit and Identification Cards) of Article A4.000 (Miscellaneous Fees) as follows: Sec. A4.004 Solicitation permit and identification cards (a) Within the corporate limits of the city, it shall be unlawful for any person to engage in solicitation, as defined in section 5.05.0015.05.002, without having first obtained a permit therefor from the city. (b) The application shall be accompanied by a $35.00 fee for the original solicitor or applicant, plus a $35.00 fee for each additional solicitor, for the investigation and administration of the provisions of article 5.05. This fee shall be paid to the city permit officer. In addition, the applicant shall pay a $15.00 fee for each identification card issued. (Ordinance 283-2006 adopted 8/22/06; 2008 Code, pt. IV, art. 5, sec. 2; Ordinance , adopted ). CITY OF ANNA, TEXAS ORDINANCE NO. Page 15 of 16 Section 5. 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. Cross-references in other parts, articles or sections of the Anna Code which make reference to previous enactments carrying the same designation as any section amended by this ordinance shall be construed as referencing whichever currently effective provision best preserves the original intent and effect of the cross-reference. 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 6. 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 of its caption as may be required by law, 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 day of , 2020. ATTESTED: APPROVED: City Secretary, Carrie L. Land Mayor, Nate Pike CITY OF ANNA, TEXAS ORDINANCE NO. Page 16 of 16 THE CITY OF Anna AGENDA ITEM: Item No. 9. City Council Agenda Staff Report Meeting Date: 1 /14/2020 a. Conduct a public hearing to consider public comments on a request to rezone 10.0± acres located at the northeast corner of Collin County Outer Loop and Country Road 418 from Single -Family Residential - Large Lot to Light Industrial District with a Specific Use Permit (SUP) for a permanent concrete batching plant. Applicant: Tony Strickland b. Consider/Discuss/Action on an Ordinance approving the request to rezoned from Single -Family Residential - Large Lot to Light Industrial District with a Specific Use Permit (SUP) for a permanent concrete batching plant. (Director of Development Services Ross Altobelli) c. Discuss/Consider/Action on a Resolution approving the Concept Plan, NBR-Anna, Block A, Lot 1, associated with the rezoning request. (Director of Development Services Ross Altobelli) SUMMARY: The applicant is requesting to rezone the subject property to Light Industrial District (1-1) with a Specific Use Permit (SUP) for a permanent concrete batching plant. For additional information please refer to the attached staff report. A concept plan, NBR-Anna, Block A, Lot 1, accompanies this zoning request. Strategic Connection This item supports the City of Anna Strategic Plan, specifically advancing: Goal 2: Sustainable Anna Community Through Planned, Managed Growth STAFF RECOMMENDATION: Planning & Zoning Commission recommended approval. ATTACHMENTS: Description Location Map Zoning staff report Concept Plan staff report Upload Date Type 1 /7/2020 Backup Material 12/27/2019 Staff Report 12/27/2019 Staff Report Ordinance w/ Exhibit Notification Map Opposition response 12/27/2019 Ordinance 1 /7/2020 Exhibit 1 /7/2020 Backup Material n Ll THE CITY OF qiailfta n ►A History of the Property • 2009: Air Permit issued by Texas Commission on Environment Quality (TCEQ) • February 11, 2014: Property incorporated into the city limits and zoned SF-E Single -Family Residential -Large Lot. THE CITY OF Anna n ►A City of Anna Strategic Plan City of Anna Goals for 2024 Goal 2: Sustainable Anna Community Through Planned, Managed Growth. i. Having buildings and homes complying with city codes and development regulations. THE CITY OF Anna 4E rtiw + 1Pill 1 J QD 1 �� vRESMANNAL E t ' fr• ,v _ � �� _ _ ,a aer� ra aria # _ f, w E VAtmQff r i WK FEIKE { 43, w �e�eF• �aTr' w. L f� I *Wig�� r f � MUM �F k - ir1_El { { f - { I •I"tF�C 4 W F" i &MWMff ti 4 t ��F&" 6pr 14r aw rA-a m*d t � ti AM EPr I ty tti L PWW r/]f 0 Ma M. µ IN PAU OF I'M I� cm 3 4, D95nPQ f 9-MM ti WE FEWE FF bm # 4 J+ 4 L MMA- kL ONS HM 013Fr�tFfE I .1 M1 Y LANE I t r � r Concept Plan (existing conditions) NBR-Anna, Block A, Lot 1 f� l Y ! f�fFOF-Rx1' �� 1 �1 l r 1 THE CITY OF nna n ►A Recommendation Zoning: Planning and Zoning Commission recommended approval 5-0. Concept Plan: Complies with the zoning district area regulations. approval subject to approval of the zoning request. Recommend for THE CITY OF Anna III aliil = IIId . 4111 ��\111111111111 illlft�� 1111� 1 111111111111E � 1 111111111111 =- 1 111111111111 �� s III 111111111111111 � �� I111111111111111 011111111111111 �11111111 111111111\ 11111111111111 111111111111111111l111liilillillllllllllllllllllllllll �IIIII11111 `��a�aa;i��i� ;�;► • • W fY1 r � V� 1r� tir rd fc t � off✓ -�-J ti rer W4i fr+. ' '� = a.J .i W u.a s r u u r it •r _� l��d, . _ywiloop tHim I_ ti p CITY OF ANNA PLANNING & ZONING COMMISSION December 2, 2019 Agenda Item No. 813 Applicant: Tony Strickland DESCRIPTION: Request to rezone 10.0± acres located at the northeast corner of Collin County Outer Loop and Country Road 418 from Single -Family Residential - Large Lot to Light Industrial District with a Specific Use Permit (SUP) for a permanent concrete hatching plant. REMARKS: The applicant is requesting to rezone the subject property to Light Industrial District (1-1) with a Specific Use Permit (SUP) for a permanent concrete batching plant. An SUP application shall be evaluated as to its probable effect on the adjacent property and the community welfare and may be approved or denied as the findings indicate appropriate with regard to the health, safety and welfare of the general public. The 1-1 district is established to accommodate those uses which are of a non -nuisance type located in relative proximity to residential areas, and to preserve and protect lands designated on the comprehensive plan for industrial development and use from the intrusion of certain incompatible uses which might impede the development and use of lands for industrial purpose. Development in the 1-1 district is limited primarily to certain wholesale and jobbing commercial uses and certain industrial uses, such as the fabrication of materials, and specialized manufacturing and research institutions, all of a non -nuisance type. No use or types of uses specifically limited to the 1-2 district may be permitted in the 1-1 district. A concept plan, NBR-Anna, Block A, Lot 1, accompanies this request as Agenda Item 8C. History On February 11, 2014 the City of Anna incorporated the land area associated with the current zoning request into the city limits. The existing land use at the time of incorporation was a concrete batching plant. Subsection (a) of Section 9.04.006 (Annexed territory) within the Zoning Ordinance states: All territory hereafter annexed to the city shall be temporarily classified as SF-E Single -Family Residential - Large Lot District until permanent zoning is established by the city council. The procedure for establishing permanent zoning on annexed territory shall conform to the procedure established by law for the adoption of the original zoning regulations. Staff has been unable to find records as to why the property wasn't permanently zoned when it was incorporated in 2014. Surroundinq Land Use and Zoning North Vacant land and an existing concrete batch plant located within the extra territorial jurisdiction. East Single-family residences located within the extra territorial jurisdiction. South Across Collin County Outer Loop vacant land zoned PD-323-2007. West Across Country Road 418 vacant land zoned PD-323-2007. Land Use - The applicant is proposing to rezone the subject property to allow for the continued operation of the existing concrete batch plant. Conformance with the City of Anna Strategic Plan and Comprehensive Plan City of Anna Goals for 2024 Goal 2 Sustainable Anna Community Through Planned, Managed Growth 6. Have buildings and homes complying with city codes and development regulations Future Land Use Plan - The Future Land Use Plan identifies the subject property as Single Family (yellow). The proposed zoning request is not in conformance with the Future Lane use Plan. 6*1411 *5 The proposed zoning is not in compliance with the Future Land Use Map; however, the ■ ■ rrf. r' ■ ----------------- .�• ..�_ MM ■ M■�■u■n............. ...... N concrete batch plant was in existence prior to the property being incorporated into the city limits. The applicant is required to make site improvement in order for site operations to be in compliance with TCEQ, however, the city cannot issue permits due to the existing zoning not permitting the existing land use. AGENDA ITEM NO. 7B (12/02/19) PAGE 2 OF 3 SUMMARY: The applicant has indicated that site improvements are needed in order for the existing operations to be brought in compliance with requirements of the Texas Commission on Environment Quality (TCEQ). However, the zoning ordinance states that no permit for construction of a building or use of land shall be issued other than a permit which will allow construction of a building permitted in SF-E districts unless and until such territory has been classified in a zoning district other than a Single -Family Residential - Large Lot District. If/once the zoning request is approved the applicant will submit a Site Plan, Landscape Plan, and Plat to bring the entire property up to city standards (i.e. zoning, landscaping requirements, design standards, etc.) and meet TCEQ requirements. RECOMMENDATION: Staff is neither in support nor opposed to the zoning request. The zoning request is not in conformance with the Future Land Use Map however the land use has been in continuance existence prior to the property being incorporated into the city limits. If the Commission finds the proposed zoning and land use is appropriate, then a motion is needed to recommend approval of the rezoning request from Single -Family Residential - Large Lot to Light Industrial District with a Specific Use Permit for a permanent concrete batching plant. AGENDA ITEM NO. 7B (12/02/19) PAGE 3 OF 3 CITY OF ANNA PLANNING & ZONING COMMISSION December 2, 2019 Agenda Item No. 8C Concept Plan: NBR-Anna, Block A, Lot 1 Applicant: Tony Strickland DESCRIPTION: Concrete batching plant (perm.) on 10.0± acres located at the northeast corner of Collin County Outer Loop and Country Road 418. Proposed zoning Light Industrial District (I- 1) with a Specific Use Permit (SUP) for a permanent concrete batching plant. REMARKS: This concept plan is associated with the zoning case for Agenda Item No. 8B and is contingent upon approval of the zoning case. The purpose for the concept plan is to show the existing site improvements of the property. RECOMMENDATION: If the Commission is favorable to the zoning request the Concept Plan is recommended for approval subject to City Council approval of the zoning request. CITY OF ANNA, TEXAS (Property rezoned under this ordinance is generally located at the northeast corner of Collin County Outer Loop and Country Road 418) ORDINANCE NO. AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY'S COMPREHENSIVE PLAN, ZONING MAP, AND ZONING ORDINANCE AND CHANGING THE ZONING AND APPROVING A SPECIFIC USE PERMIT ON CERTAIN PROPERTIES AS DESCRIBED HEREIN; AS DESCRIBED HEREIN; PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A PENALTY CLAUSE NOT TO EXCEED $2,000 OR THE HIGHEST PENALTY AMOUNT ALLOWED BY LAW, WHICHEVER IS LESS; AND, PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City of Anna, Texas ("City") has previously adopted ordinances, rules and regulations governing the zoning in the City; and WHEREAS, the City has received a requested zoning change and specific use permit request on Property described in Exhibit A ("Property") attached hereto and incorporated herein for all purposes as if set forth in full; and WHEREAS, said Property generally located at the northeast corner of Collin County Outer Loop and Country Road 418 being rezoned from SF-E Single -Family Residential - Large Lot to I-1 Light Industrial District zoning with a Specific Use Permit for a permanent concrete batching plant; and WHEREAS, the Planning and Zoning Commission of the City and the City Council of the City of Anna ("City Council") have given the requisite notices by publication and otherwise and have held the public hearings as required by law and afforded a full and fair hearing to all property owners and generally to all persons interested in and situated in the affected area and in the vicinity thereof, the City Council has concluded that the Zoning Ordinance of the City should be amended as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated The above recitals are incorporated herein by reference for all purposes. Section 2. Zoning Change The Anna City Code of Ordinances are hereby amended by changing the zoning of the Property described in Exhibit A from SF-E Single -Family Residential - Large Lot to I-1 Light Industrial District zoning with a Specific Use Permit for a permanent concrete batching plant. Section 3. Official Zoning Map The official Zoning Map of the City shall be corrected to reflect the change in zoning and the Specific Use Permit described herein. Section 4. Savings, Repealing and Severability Clauses It is hereby declared to be the intention of the City Council that the words, sentences, paragraphs, subdivisions, clauses, phrases, and provisions of this ordinance are severable and, if any phrase, sentence, paragraph, subdivision, clause, or provision of this ordinance shall be declared unconstitutional or otherwise invalid or inapplicable by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality, invalidity or inapplicability shall not affect any of the remaining words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional, invalid or inapplicable words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions. Further, all ordinances or parts of ordinances in force when the provisions of this ordinance become effective that are consistent and do not conflict with the terms and provisions of this ordinance are hereby ratified to the extent of such consistency and lack of conflict, and all ordinances or parts of ordinances in force when the provisions of this ordinance become effective that are inconsistent or in conflict with the terms and provisions contained in this ordinance are hereby repealed only to the extent of any such conflict. Section 5. Penalty Any violation of any of the terms of this ordinance, whether denominated in this ordinance as unlawful or not, shall be deemed a misdemeanor. Any person convicted of any such violation shall be fined in an amount not to exceed $2,000 for each incidence of violation. Each day a violation exists is considered a separate offense and will be punished separately. Section 6. Publication of the Caption and Effective Date This ordinance shall be effective upon its passage by the City Council, approval by the Mayor, and posting and/or publication, if required by law, of its caption. The City Secretary is hereby authorized and directed to implement such posting and/or publication. PASSED by the City Council of the City of Anna, Texas this 14th day of January 2020. ATTESTED: APPROVED: Carrie L. Smith, City Secretary Nate Pike, Mayor 2 0 60 120 ^^ \ SCALE: 1 "=60' 0 ` \ 1 CREEKSI . ACRES PHASEI II \ \ \ VO�. N, PG. 667 1 ZONING: SFE Ii l EXISTING \ \ \ I EXISTING o CONCRETE \ I I RESIDENTIAL V 1 BATCH PLANT I 1 \ I 1/2Y' IRF \ -� CALLED 12.00 ACRES \ \ CALLED 0.6941 ACRES / \ o \ BILLY M. CLAY o N O 00 \ co JAMES F. HOI�STON = r / CC# 97-0014814 I O \ CC# 94-002I 98 0 � � O EXISTING I I / 1/2" IRF p� N 89°57'57" E 973.15' I I \ 1124 IRF � RESIDENTIAL I I \ ° - T . ...�... ...••_�••_-�•-��•_-�•_+_•�-_•-•�-_•• co / OI 1 ` ——C-ALLE�1...0..Q2 ACRES �� J I� EXISTING 4' BARBED \ S.G. JOHNDROE, III; T�S77E- w a� 112" IRF - - VOL. 4891, PG. 5294 / � o I WIRE FENCE \ 1 0 � I v I T 35 o �o�J - > \ I Icv CREEKSIDE ACRE PHASE II EXISTING , o i \ I VOL. N, PG.\667 I VACANT / z EXISTING 6,000 \ I 9.96 ACRES \ EXISTING 4 BARBED p ° ° / �' ° GALLON DIESEL \ WIRE FENCE I PART OF \ I � EXISTING �, 1 2" IRF N 8952'27" E 498.71' 1/ "IRF I;X FUEL TANK . , ZONING: SFE I \ EXISTING �.,�,,, �.—�—..— ° EXISTING 8 HIGH C LLED 11.26 ACRES N VACANT OHU-pH�OH OH�i ° �- % I o RESIDENTIAL \ OH PP off - - MATERIAL BINS / R&R WENS PROPERTIES, LTD. o P °" o/ °�°�J I CC# 20080515000591970 I o \ _ — — — — — i EXISTING I I o vo rt� -----------� GRAVEL -� I i Co o 1 i SURFACE EXISTING EXISTING D.E.W. BABB SURVEY, A-33 w � 1 � \ � �..;. ° °"-, ' . BUILDING GRAVEL o i °�° c. SURFACE 112 /RF N EXISTING OVERHEAD °+ EXISTING 4 BARBED i z o (0, o i ELECTRICAL LINES p0 °"y H EXISTING CONCRETE WIRE FENCE' / , J C H J fig' Q—OHU OHU OHU O OH ° ° _. O ,° , . - 27`_ - • / •, • BAT PLANTa�;, :•I // ° ° _ ro 1 OH ° EXISTING EXISTING„ �µ 1 BUILDINGS - GATED ENTRY -�� 2=21 • / .. —OH.. OH.. pH OH •� _ / 112„ IRF `.'S.•, . " <' • o I 230' T.P.& L. EASEMENT B-' I EXISTING 8' HIGH I Z i VOL. 1346, PG. 898 _ a :ll I MATERIAL BINS `•� /�- �� - I i r+�.'�� ' EXISTING �' EXISTING 4 BARBED �.� �a EXISTING 5, II' I EXISTING I � .+�"�: ''�'�� '�rn EXISTING OVERHEAD EXISTING ° 000 GALLON ".�"I DECELERATION WIRE FENCE 1 .� ELECTRICAL LINES ti°EXISTING RECYCLE WATER TANK L;�• : , 11:' 11;• CONCRETE ! I �C ' .' I LANE ELECTRICAL GATED ENTRY �. II'• I I J '� M) 1 l 1 {� TOWERS p� SURFACE ,, , •gyp .;��'� 1 CALLED 1.299 ACRES o � •I�° Ik :. .II' ' • • • • •II •. .1 .-�' � /` . ,• �1•�0"\;� •. � coLUN COUNTY � OH OH� OHU p - - o - OHU OH - T {'. I �'' /-' CC# 20081205001392370 1 „ „ I PP EXI—STING 4' BARBED Elect. _ —• .,� :' .. I / X FO D , —' WIRE FENCE i Box112 »IRE/mI I OH _ _ _ _ � �_ _ _ _ _ —.-- • • �.-,', ICJ OH _ _ H.. _ _ OH= _ _ _OHS_ _ OH OHU U OHU OHU • J OH ©H .—•—•— 1 2" IRF I . l �\ #C1 PP - - �� - - - - - z 5 W•-•-7C -3.4 •- - -•- - / /•'' � DPP / , . ,. L=555.01' \ \ \ - - R=2614.00'„ -. = - • -INLET - - - - - - - INLET �4s• 5 3'' L 12 09 54 ) \ \ > — — — — — — — ZONING: PD�23 2207 \ '5 4 - CL=553.97' , EXISTING 5 '1 ,. .. .,. -.� d ROADWAY l r a—s� O Ld �� LQ p ^ ( RIGHT-OF-WAY �06 E outer LEGEND I.R.F, IRON ROD FOUND IRON ROD SET X» CUT X IN CONCRETE F.C.P. FENCE CORNER POST ASPHALT TELEPHONE MANHOLE POWER POLE LIGHT POLE WATER VALVE (OSSMH SANITARY SEWER MANHOLE -�> FIRE HYDRANT ®WM WATER METER VICINITY MAP SCALE: 1"=2000' THE PURPOSE OF THIS LAYOUT IS TO IDENTIFY THE EXISTING CONDITIONS OF THE SUBJECT PROPERTY FOR A PROPOSED REZONING CASE. DEVELOPER R & R Owens Properties, Ltd 721 E. Main Street Lewisville, Texas 75057 Contact: Tony Strickland Phone: 972-200-5654 PRELIMINARY PLANS THIS DOCUMENT IS FOR INTERIM REVIEW AND IS NOT INTENDED FOR CONSTRUCTION, BIDDING OR PERMIT PURPOSES. STEVEN R. HOMEYER, PE # 86942 DATE: 1112212019 ENGINEER Homeyer Engineering, Inc. P.O. Box 294527 Lewisville, Texas 75029 Contact: Steven R. Homeyer, PE Phone: 972-906-9985 CONCEPT PLAN (EXISTING CONDITIONS) NBR-ANNA, BLOCK A, LOT 1 TRACT 107, D.E.W. BABB SURVEY ABSTRACT NO. 33 9.96 ACRES CITY OF ANNA COLLIN COUNTY, TEXAS 0) N 'OOX C]q`nQ 11�LL Z°°.EN LLUl00 _Q �OW�p Z 0 0 Z♦�� w' o J� ZO w- LL- B Ld WU]w0�1 J I WwL,a3 Z�N�3 2q0) 0_ O� 0) 0) Cq X� O ZWOT d0]N W�00) 0_ O Q J X Q Q Q w Z 0 O Li Q 1 a_LLJ J Q (-) Z < (D (5) 0 Oza�-z U U � Q J O 00 U Z DRAWN: SRH DATE: 11/01/ 19 HEI #: 19-1006 SHEET NO: C1 E,FINLEY- BLVD TO-1- 1 � O a - Nelson Bros Ready Mix Proposed Zoning Change p ,cWARNER-DR w 6U� Z N"/AVL.-IN N N Q t� � rBROCK'DR O r.rI IWUIU1.�1 El 4 7r.r, Z U y 'a"E'FOSTEWCROSSING RD .,4 KEITHILN 1 U/ rH— �rrararararla,a, o ev�� Ci "E'OUTER LOOP RD,., .>z "M'a,a,a,., minim' a,.,a,alaia,.,a,a,a,a,a,a,a,a,a,a,a,.,a,au,.,a,.,a,a/a,anZ 1111111__111111111111111 �� 1111111 __ Illll�iii�llll � � , IIIIIII 1j1111111� O IIIIIIIII 1111\�� 1111� 1 11111111111�� C 1111111111111�=� ��i 1 111111111111 in= p III IIIIIIIIIIIIIIU III i HAWTHORNLN �WAL NULNE CEDAR'LN QUOIKIN CIR COUNT,*ROADA17 t, t, , WIIWI WI THE CITY OF manna w-I-I- 200ft Buffer City Limits Parcels ETJ 0 500 1,000 2,000 Feet November 2019 L:\City Admin\Administration\Maurice\^Development-Planning Issues\Zoning\2019\Nelson Bros Ready Mix (NBR)Zoning Change\Notifications\Location Map.mxd THE CITY OF Anna NOTICE OF PUBLIC HEARING FOR PROPOSED ZONING CHANGE The Planning &Zoning Commission (P&Z) of the City of Anna will hold a public hearing on Monday, December 2, 2019, at 7:00 p.m., in the Council Chambers of Anna City Hall at 111 North Powell Parkway. State law requires that cities notify all property owners within 200 feet of any proposed zoning change. For this reason, we are sending you this notice. PROPOSED ZONING CHANGE: Request to rezone 10.0±acres located at the northeast corner of Collin County Outer Loop and Country Road 418 from Single -Family Residential - Large Lot (SF-E) to Light Industrial District (1-1) with a Specific Use Permit (SUP) for a permanent concrete batching plant. The I-1 district is established to accommodate those uses which are of a non - nuisance type located in relative proximity to residential areas, and to preserve and protect lands designated on the comprehensive plan for industrial development and use from the intrusion of certain incompatible uses which might impede the development and use of lands for industrial purpose. Development in the 1-1 district is limited primarily to certain wholesale and jobbing commercial uses and certain industrial uses, such as the fabrication of materials, and specialized manufacturing and research institutions, all of a non -nuisance type. No use or types of uses specifically limited to the I-2 district may be permitted in the 1-1 district. An SUP application shall be evaluated as to its probable effect on the adjacent property and the community welfare and may be approved or denied as the findings indicate appropriate with regard to the health, safety and welfare of the general public. CURRENT ZONING: The existing zoning is SF-E. The SF-E district is established to allow for larger lots with one family dwelling structures per lot. This district is intended to provide for residential lands to accommodate more rural settings and accessory yard uses. These lots should be generally located in groups, blocks, or areas where the accessory uses of the land do not either materially or in an obnoxious manner influence neighboring properties. Densities in this district will not usually exceed one unit per gross acre. All territory annexed to the city is temporarily classified as SF-E until permanent zoning is established by the city council. You are not required to attend this hearing, but if you do attend, you will be given the opportunity to speak for or against the change. APPLICANTS AND/OR AGENTS ARE EXPECTED TO ATTEND. Please circle one: In favor of request Neutral to request COpposed to request Comments: THE CITY OF Anna By signing this letter, I declare I am the owner or authorized agent of the property at the address written below. SURFSH SHRIDHARANI Name (Please Print) I\In^/ "a, Signature Harlan Properties III FI ous Drive it M3 Address Please return form to: City of Anna Planning and Development Department P.O. Box 776 (3223 N. Powell Parkway, if hand delivered) Anna, TX 75409 - 1011101 1 FM Welcome to the Planning and Zoning meeting. Your presence and participation are appreciated. You may make your opinion known on an issue and/or register to speak to the Chairman and Commission Members. Please turn this form in at the staff table to be forwarded to the Chairman. Please step to the podium as soon as you are recognized by the Chairman and state your name and address before beginning your presentation. If you have written notes or other material you wish to present to the Chairman and Commission, please furnish an extra copy for the official files. Name: Address: City / State / Zip:JL Telephone Number (s): JY` Regarding Agenda Item Subject: yi�) P & Z Meeting Date: ()Against Comments: (Use back if necessary) ************************************************************************************************ (`wish to address the Chairman and Commission Members. (PLEASE LIMIT COMMENTS TO 3 MINUTES) () I do not wish to address the Chairman and Commission Members, but do wish to register my opinion. THE CITY OF Anna AGENDA ITEM: City Council Agenda Staff Report Meeting Date: 1 /14/2020 a. Conduct a public hearing to consider public comments on a request to rezone 2.7± acres located at the southwest corner of Leonard Avenue and Sharp Street from Planned Development - Single -Family Residence-60/Single-Family Townhome (PD-SF-60/SF-TH) to Planned Development -Restricted Commercial (PD-C-1) with modified development standards. Applicant: Carrillo Engineering, LLC b. Discuss/Consider/Action on an Ordinance regarding the request to rezone 2.7± acre from PD- SF-60/SF-TH to PD-C-1 with modified development standards. (Managing Director of Community Services Ashley Stathatos) c. Discuss/Consider/Action on a Resolution approving the Concept Plan, Children's Lighthouse Addition, Block 1, Lots 1 & 2, associated with the rezoning request. (Planning & Development Director Ross Altobelli) SUMMARY: The Public Hearing for this item was continued by a City Council action from the December 10, 2019 meeting to January 14, 2020 at 7:30PM. Carrillo Engineering, LLC has requested a zoning change on 2.7± acres at the southwest corner of Sharp Street and Leonard Avenue. The existing zoning is a Planned Development for Anna Town Center. The property is located in District C, Single Family Transition zone and District D, Town Center Town Home Zone. The applicant has requested a change to Planned Development, Restricted Commercial, ("PD-C-1"), to allow for a child care facility and adjacent restricted commercial use. The request was denied by Planning and Zoning as there were items which were uncertain at the time of the consideration. Without the understanding and thorough explanation of the traffic analysis and interpretation of the data from the applicant the Board took a position in opposition to the request. Several other questions were not completely vetted. Those items have been researched and are included in the attachments to this item to include traffic analysis, explanation, and recommendation by a subject matter expert and staff engineer, the Thoroughfare Plan elements explanation and how they would be impacted (traffic impacts explanation), the AISD opinion and schedule data (neighboring property and community partner), Neighbor comments (both for and against the request) and all of the associated documents. These additional backup materials are being provided to Council to review. For the detailed information please refer to the attached staff reports, analysis, and supporting data. The applicant will be available to clarify any items of concern. Strategic Connection This items supports the City ofAnna Strategic Plan, specifically advancing: Goal 2: Sustainable Anna Community Through Planned, Managed Growth STAFF RECOMMENDATION: Conduct public hearing and take action on the request from Carrillo Engineering to rezone 2.7± acres located at the southwest corner of Leonard Avenue and Sharp Street from Planned Development -Single -Family Residence-60/Single-Family Townhome (PD-SF-60/SF-TH) to Planned Development -Restricted Commercial (PD-C-1). If the rezoning passes, then, approve the concept plan for Children's Lighthouse. ATTACHMENTS: Description Upload Date Type Location iviap 1 /9/202C Backup Material Staff Report 1/9/2020 Staff Report Staff Traffic Memo 1/9/2020 Staff Report Applicant Zoning Information 1/9/2020 Backup Material Owner Response 1/9/2020 Backup Material Citizen Responses Compiled 1/9/2020 Backup Material School District Email 1/9/2020 Backup Material Planned Development Ordinance 1/9/2020 Ordinance Resolution Concept Plan 1/9/2020 Resolution Elevation NE 1/9/2020 Backup Material Elevation SW 1/9/2020 Backup Material n Public Hearing for Ch'ildren's Lighthouse Proposed Zoning THE CITY OF Anna t0 I I els`e C �g NR�so Gil A=13-30'03" 04 tiAg2P L 3CH=N110.49' W% 12�ATWR"-e=43'19'01' RDPosE�R=470Bo'K L=355.33'SIWRP Sl'RRRT CH=N 73'45'44"E 1 3U _ �' (5D• W1DE PUBLIC RroNT-DF-WAY) '><� <� 346.93' - - - PROPOSED y� C I I e=29'48'59" SS SANITARYBIFWER R=470.00' / / EASEMENT 0' 0 55"E L=244.58' ----------------- 14.26' CH=N 67'00'42"E a sIDEwEMDI( �l t — — — — — — _ _ = za _____ - --7 s S caav)� LI E J 241.83" / / LS i I LS 1 DSC?PE BUFFER wu,- A EplRy lK I w— Y 3 � �/ � I— _ ♦ _ _� 4 B ILO G OK O / /�II I I� y Ls I - � 2 1 DP`K 2 NG M0 R I- $ F� T 'D Oy`7 s�Ls I [VI � ml POTENTIAL FURIRE BUILDING 13 5,400 SF 1 STGRY \ 1DADU \ PROPOSED UWDUSE=RETAIL I �I O� I DO L 4 I W 2 -J W III R=18 0.00' I LOT 1, BLOCK 1 CHILDREN'S UGHTHOUSE ADDITION 1.762 ACRES (76,738 SQUARE FEET) CHILDCARE FACILITY PROPOSED 11,B05 3F 1 STORY FFE=715.25 e=42'S2'22" R=64.00' I CH=N 20'50'23"W ( Ls P`�Ns ,, sGJP ZRPFP'�So I 48.78' w p0�� M1pY fit. o PROPOSEDOUTDOOR PLAY PROPOSED PLAYAREA(18,3293F) t �,��cK000"o I g o VOG p}P,pO CGS tEPI to LS GfLO`',LO�BAOe �I BEN f s� II �T1P `P�E� ZI PER CTY STANDARDS MASONRY FENCE. — II O€ CONSTRUCTION SCHEDULE O HANDICAP RAMPS, EMS PER CITY STANDARDS AND SPECS. O2 HANDICAP SYMBOL O HANDICAP SIGN © 4' SIDEWALK O 4' WHITE TRAMC STRIPING O WHEEL STOP O DUMPSTER WITH 7' MASONRY ENCLOSURE PER CITY REQUIREMENTS. !Ni TOWS OTBR NNE D/SHRP.TLTD Ne. D 4-a4965 o.r.a_c.c.T_ `PR OPOSE136'MASONRYFENCE. PERGITYSTANDARDS I S• WALL MAINTENANCE EASEMENT ffi .w L= g m � cx=s II Ig I III a 9 BETBACK� od N b I I I� I-I III I I Ek 1S" RCP 8' WATD 0 15 JO 60 (� 1 INCH = 30 FT LOCATION MAP N.T.S. SITE DATA SUMMARY TABLE EMSTINGWNING pIANNEDOEVELOPMENT C -NED DEVELOPMENT MERGAL PROPOSED LAND USE HILDRCEACENTER RETAIL LOTAREA(GROSS) 1.]82ACRES(]8,]3850FT) ES(48,]26.83T50 FH SUILDI... 0.25 ACRES (11.S08 SO FT) O12ACRES(5,4DOSOFT) BUILDING HEIGHT 1 STORY, 35"TOTAL HEIGHT (15'-S'MEDIANI-F HEIGH 1-STORY PARKING REOUIRED (1 PER 5 PUPILS,TOTPL PUPILS,4]SPACES (1 PER 250 SF)228PACE3 PARKING PROPOSED 4] SPACES P SPACES PARKING PROVIDED (ACCES4IBLE) 24PACES 2SPACES U R REDUIREMENr EO (658F PER CHILD, TOTAL REDUIRE015,015W) 18,329 SF NIA OWNER: Iro ANNA TOWN CENTER NO.4/SHRP, LTD I 8214 WESTCHESTER DRIVE, SUITE 710 DALLAS, TX 75225 PHONE: (214) - 522-4945 EMAIL: JARNOLD@SKORBURGCOMPANY.COM CONTACT: JOHN ARNOLD APPLICANT BY: ca CARRILLO ENGINEERING, LLC TEXAS BOARD OF PROFESSIONAL ENGINEERS CONCEPT REGISTRATION NO. F-15893 CHILDREN'S LIGHTHOUSE 301 COMMERCE STREET, SUITE 1410 ADDITION FORT WORTH, TEXAS 76102 BLOCK 1, LOTS 1 & 2 PHONE NO.: 817-6974996 1.762 ACRES CONTACT: ANNA C. BLACKWELL, P.E. THE GRANDISON STARK SURVEY & ABSTACT NO. 798 OCTOBER 22, 2019 PROJECTjBENCHMAQI BOX CUT ON CENTER OF (I CURB INLET AT WEST CURB OF LEONARD AVENUE ±50 SWTH OF THE CENTEUINE OF SHARP STREET EIEV=710.42 PRELIMINARY NOTFOR CONS:UCT/ON 4uPUR➢OI SFSON(v�/ST iM4/N£FRAa<PECOxA IN¢ �i4µ45� Z O pc "7 W i Z 1w x W V yiF T/1 aNW�rnOQ m O Issue Dates: scar. AS SHOWN Dram BY. AD chaalm4 By ALC Sheet CSP-1 9 H. NORTH ELEVATION EAST ELEVATION Iiiil iii I I I AID i i e l ` I•NMM119 YNeNR. PaOF S 0 2�-6• 9rt 9W19�:Ax ' �,T�,r � •,�, SOUTH ELEVATION &IILOINlS MATERIAL TABLE BY SPY % ELEVATION STONE (SFJ %) STL;cw (S.FJ %) 50VM ELEV. 651 S.R./ 65% 5" S.F./ 55% NORTH a". 92B 5F./ 91% TIB 5FJ 69% EAST ELEV. 2% 5FJ 55% 266 S.FJ 4T% VffiT ELEV. 552 5FJ 41% 444 S.FJ 59% TOTAL &NL W SM. 1613 S.F./ 41% 1W2 SPY M PIN I I p _ CRIME.- - s 3�m _ - _ ■��1� a •� ■u u� �u um ■u _ ®_ _ ®® Nov — s �■u,l rten... ... rnrn �.. I� I II llln�l�lrrinnml�unlll puinnnnndlvill.m.q'rmnnLILem�e.nnl�lnnnnnnm..nnnn....��WJ��1! 6L•xEV.— I 1 WEST ELEVATION 12 I]O eRI WIDLWb ioP N016 GOIlea/.GTOR WLLI®[aIIRBII AVNIAHG - mAbarA9s.Wladt,ne. TOUWb ML16NnbV3l �M061NRYrW:K roaerae�iam� vx ln. TAo919reoeb5 art lou9raa MLwmane wu ee w 9pe. - ��roil swim m�mm ,enmaveloion nssvouu roW:wcrex Al ro PWNaT PIR Wtan lL+laeu aGR art. ....aenlllr e��ro.�� e.9nc[o GCuw. avM1w nulae. 9n as 9.T�pt rw ` Proposed Planned Development- Restricted Commercial l A 9 J L �F a 9� /EFiNLEY BLVD _ j. 71 4. J . SHARP ST 0 ; WARNER DR G HAVEN DR BRUUK"UK 1N- DMUIIm UK i 0 jTHE CITY OF N 1 na o Proposed Site Parcels - 0 125 250 500 Feet December 2019 L:\CityAdmin\Administmtion\Maurice\-Development-Planning Issues\Zoning\2019\Children's Lighthouse Planned Development\Agenda Me THE CITY OF Anna Children's Lighthouse Project Zoning Location: Anna Town Square (Anna Crossing) SW Corner of Sharp Street and Leonard Avenue Next to Harlow Elementary Acres: Approximately 2.7 Acres Legal: Lot 1 & 2, Block 1, Children's Lighthouse Addition Project: Child Care Facility & Adjacent Lot for Future Commercial Use Current Zoning: Anna Town Center Planned Development District C, Single Family Transition Zone District D, Town Center Town Home Zone Requested Zoning: PD-C-1, Planned Development Commercial - 1, Restricted Commercial Land Use The proposed project is for a 11,308 SF child care facility and an adjacent restricted commercial use. The future land use map shows the entire subdivision as Employment Center District with single family located to the south. The Employment Center District is intended to be comprised of industries that bring capital and jobs to Anna. Industrial uses are encouraged in the Employment Center District. The existing development of Anna Town Square (Anna Crossing) subdivision varies from the future land use map. The current zoning of the property is a Planned Development written for Anna Town Square (Anna Crossing). When this zoning was approved, the future land use map was not updated to reflect this change. Within the Planned Development, the proposed project falls within District C, Single Family Transition Zone and District D, Town Center Town Home Zone. The Single -Family Transition Zone is limited to single family land uses and amenity uses commonly associated with residential development. The district most like District C in the Zoning Ordinance is the SF-60 district. The Town Center Town House Zone is limited to for sale or rental residential uses. The district most like District D in the Zoning Ordinance is the SF-TH District. While the other single-family residential districts within Anna Town Center, (Districts A, B, E, F and H), allow a child care facility by right, a Specific Use Permit is required for a child care facility in Districts C and D. In granting a Specific Use Permit, the City Council may impose special conditions which shall be complied with before a certificate of occupancy may be issued. Special conditions that are typical for a daycare include number of children enrolled, child/care giver ratios, hours of operation, etc. The requested adjacent commercial use, included as a part of the proposed project, requires a Planned Development zoning change, as there are no commercial uses allowed by right or by Specific Use Permit in Districts C and D. A Planned Development with a base zoning of C-1, Restricted Commercial is appropriate as it is intended to satisfy the daily needs of the neighborhood consumer. The proposed project requires a Specific Use Permit for the proposed daycare facility, and a zoning change for the future commercial use. The C-1, Restricted Commercial base zoning allows a daycare with a Specific Use Permit. However, the Planned Development has been written to allow for the daycare use. In addition, on the adjacent lot in the planned development, there are further restrictions than is customary in the Restricted Commercial District. The commercial uses on the adjacent lot are restricted to the following: a child care center, church, park, community center, nursery school, secondary or private school, learning center, dance or gymnastics studio, fitness facility, racquetball facility, tanning salon, bakery, medical office, dental office and florist. The property to the north and west of the proposed project is owned by Pacesetter Homes and is in District C and District D, the same districts as the proposed project. The property to the south of the proposed project is an elementary school. The property to the east of the proposed project is Anna Crossing Phase 3A and Anna Crossing Phase 2 owned by individual homeowners and is in District B, Eastern Single -Family Zone which permits child care facilities by right. Community Feedback A Homeowner's Association meeting was held in the subdivision to discuss the daycare. People spoke for and against the daycare at the meeting. Those speaking for the daycare referenced the need and convenience of having a daycare facility next to a school. Those speaking against the daycare referenced the historical parkland issues with the developer, the location of the daycare in the neighborhood as well as the traffic generated by the elementary school. Need An additional daycare is needed to handle the needs of a growing community. It will provide daytime and afterschool options to families. The daycare will be an addition to the city's business community, put money into the local economy and bring jobs. We do not want neighbors to have to go outside Anna for services that should be provided within the community. Convenience A daycare locating next to an elementary school is convenient for parents with children of multiple ages and those needing after school care. An adjacent restricted commercial use will serve to augment the entire community at a convenient location next to a school and daycare (if the zoning is approved). Anna Town Center is a family -focused, flourishing community with families that can benefit from restricted commercial uses near to activity centers. Parkland Dedication At one point in time, a park was considered at the proposed location of the daycare. However, the location for the park changed and was placed in a new location east of Phase 4. While the park concerns of neighbors are legitimate and important to address, these concerns are not related to the land use of the proposed project. Therefore, concerns regarding park facilities should not be considered in this agenda item. The developer and staff are working towards a plan to bring to Council in order to make improvements that would activate a park in Anna Town Square (Anna Crossing). Plans to activate the existing park will likely occur prior to bringing another park online in the subdivision and activating it. Commercial Use in Neighborhood The original Anna Town Square (Anna Crossing) planned development ordinance allows child care facilities by right in several of the residential districts, (Districts A, B, E, F and H). A specific use permit is required for child care facilities in two of the residential districts, (Districts C and D), and one commercial district, (District G). By right, the developer is, already, permitted to locate a daycare in several residential districts. Locating a daycare in the location proposed by this zoning, already a center of activity due to the elementary school, makes more sense than locating a daycare in a residential subdivision on a residential street. Furthermore, it is a complimentary use that is less intrusive than others in similar settings. The uses proposed on the adjacent commercial lot are complimentary as well and do not take away from the character of the neighborhood. In fact, staff believes the uses provide services that are needed within the area. Please note, the developer does not want to put the daycare in the commercial district at the entry to the subdivision because they have a master planned vision which would not work with a piecemeal approach to development. Traffic & Elementary School The proposed project is located at the southwest corner of the intersection of Sharp and Leonard. Leonard is designed to be a major arterial roadway, while Sharp is designed to be a neighborhood collector street. These roadway classifications are consistent with the proposed land use, as neither is a local street. The proposed project is located within an actively growing development. As such, public improvements, new roads, and roadway expansions are being constructed along with project phases. As improvements are made, mobility will continue to be enhanced. During peak school hours, there is significant traffic going to and from the elementary school which is known to back-up. However, for the daycare facility, the pick-up and drop-off times occur before, during and after school hours lessening the impact of additional traffic during peak hours. Furthermore, it is anticipated that the day care could take some vehicles off the road as some of the students that attend the elementary school will utilize the daycare facility for after school care. The partnership that could exist between the school and daycare, if the zoning is approved, is one reason feedback from Anna ISD School Board Members regarding the project has been positive. Many of the uses that are fitting for the proposed location are going to increase traffic at the same level or more than the proposed use. Therefore, a complimentary use to the school makes sense. Staff Recommendation Staff finds that a Planned Development with a daycare facility and adjacent restricted commercial uses would be an asset to our growing community. Likewise, the proposed location next to the school is a complimentary use. However, the Planning & Zoning Commission should weigh public comments and input from the community prior to coming to a decision regarding the child care facility in Anna Town Center (Anna Crossing). THE CITY OF <Ailifta MEMO - TRAFFIC ANALYSIS MEMO No: 20-PWD-001 Date: January 8, 2020 To: Jim Proce, City Manager From: Greg Peters, P.E., Director of Public Works and Engineering Re: Traffic related to proposed Children's Lighthouse Background Information: The current Master Developer of Anna Town Square is seeking a zoning change for the property located at the southwest corner of Leonard Avenue and Sharp Street. At the Planning & Zoning Commission Meeting, concerns were raised regarding traffic associated with a potential daycare use of the property. In response, I have reviewed the available data and prepared my findings, which are included below. Findings: The proposed Children's Lighthouse daycare facility is located at the southwest corner of Leonard Avenue and Sharp Street. On the City of Anna Thoroughfare Plan (Exhibit "A" attached), Leonard is listed as a Major Collector, and Sharp is listed as a Minor Collector. Major Collector Roads are designated to provide commercial corridors and move large volumes of traffic into and out of large areas of the City. Minor Collector Roads are designated to move residential traffic from a neighborhood to a Major Collector. Typically, land located at the corner of a Major Collector and a Minor Collector is utilized for non- residential purposes, as traffic volumes are not conducive to single family homes. Single family homes are typically located on local streets which connect to a Minor Collector. The existing property lacks the size, depth, and configuration to have a local street layout within it for single family residential use. The proposed daycare development will generate a total of 140 peak hour trips per day and a total daily traffic flow of 838 vehicles per day (Exhibit "B" attached), calculated based upon the Institute of Transportation Engineers Trip Generation Manual, 91" Edition. The peak PM hour will occur sometime between 4pm and 6pm, depending upon the localized conditions and work hours of families utilizing the facility. It is important to note that many of the AM trips may be considered combination trips, whereby the vehicle is going to both the daycare and the elementary school. While this will likely be true, it is not able to be quantified. It is critical to address the known traffic concerns related to Harlow Elementary. The Developer hired a professional traffic engineer to complete a site visit and study of the school traffic (Exhibit "C" attached). As demonstrated in the report, the morning peak traffic does not cause traffic to congest on Leonard and Sharp. In the PM Peak, there is a highly localized period of congestion from 3:15pm to 3:21pm when school traffic does back up onto Leonard and Sharp. Prior to 3:15pm and after 3:21pm, the on - site traffic circulation of the school can contain the traffic queue. Based upon the information provided, this congestion lasts less than 10 minutes, and thus should not be considered when reviewing the overall traffic of the Leonard and Sharp Corridors. In traffic engineering there are defined levels of service from A (free flow) to F (total gridlock). It is desired for all roads to function at a level of C or better (Exhibit "D" attached). Level of Service C is less than 1,500 vehicles per lane per hour, B is 1,000, A is 600. Level of service A is less than 600 vehicles per hour per lane — which is considered free flowing. On a four -lane divided roadway, Level of Service A equates to 2,400 vehicles per hour. A road is considered congested at 1,500 vehicles per lane per hour (6,000 vehicles per hour on a 4-lane divided roadway). The Developer provided a traffic study of the overall conditions of the area (Exhibit "E" attached). Based upon this study, at the buildout of the entire neighborhood both Leonard and Sharp will be at a service level of A or B. Based on the ITE Trip Generation Manual, the calculated trips resulting from a new daycare facility will not change the proposed level of service of either Leonard or Sharp. Staff Conclusions and Recommendations: • The peak PM hour of traffic for the proposed daycare facility (one hour between 4pm and 6pm) will not occur at the same time as the peak PM traffic for Harlow Elementary (3:15pm-3:21pm). • The current roadway conditions and the build -out roadway conditions for both Sharp and Leonard are suitable to handle the anticipated traffic flow related to a proposed daycare use. • Based on the reports provided by the Developer and my analysis of the data, it is my professional opinion that the proposed land use of daycare facility will not have a significant impact on traffic for Leonard Avenue and Sharp Street. • Staff recommends that traffic not be a deciding factor in the consideration of this zoning case. Greg Peters, P.E. Director of Public Works City of Anna, Texas 110 +i IIIIII F� III c ' rcF Z / D � � O i y ry A ..o o A a ti C 0 D a z 0 N e ci = o No," O oGc oam mZ 0m� z ■.....0. Iq �,. m ' I m m a pow R Traffic Trips Generated by Development Property Size Unit of Daily Trip Total Daily PM Peak Hour PM Peak Hour Potential Land Use Building Size Units (Acres) Measurement* Rate* Trips Trip Rate* Traffic Daycare 2.88 11,308 SF 11.31 Per 1,000 SF 74.10 837.92 12.46 140.90 *Unit of Measurement and Trip Rates per Institute of Traffic Engineers Trip Generation Manual, 9th Edition Prepared By: Greg Peters, P.E. Date: 8-Jan-20 7LEE rinanai:vinc December 19, 2019 Mr. Adam Buczek Skorburg Company 8214 Westchester Drive, Suite 710 Dallas, TX 75225 Re: Harlow Elementary School Study — Queue Observation Dear Mr. Buczek: ARIZONA TEXAS NEW MEXICO OKLAHOMA Lee Engineering conducted site visits to Harlow Elementary School on Wednesday, December 181h, 2019 to observe and document the extent of vehicle queueing in the east lot in the morning and afternoon. In this case, a "queue" is functionally defined as a line of stopped vehicles. A vehicle has joined the queue when it has stopped at the back of the line; and, the queue extends to the back of the last stopped vehicle. During the morning, the queue for student drop-off was contained on site. According to the bell schedule on the Harlow Elementary website, school doors open at 7:15 AM for student drop-off. After 7:50 AM, parents are supposed to park and escort their child into the school. So, queueing begins when the earliest parent arrives and ends at 7:50 AM. During the observation period (7:10 AM — 7:50 AM), the drop-off queue peaked in length at 7:43 AM and never contained more than 13 vehicles. In the photo below, 10 vehicles are queued at 7:41 AM. 3030 LBJ Freeway, Suite 1660, Dallas, TX 75234 (972) 248-3006 office (972) 248-3855 fax I www.leeengineering.com Page 1 of 3 According to the bell schedule on the Harlow Elementary website, school dismisses at 3:15 PM. During the observation period, the pick-up queue contained 35 vehicles at 3:03 PM. By 3:15 PM, the queue grew to 57 vehicles contained on the school property — after which the queue spilled back onto Leonard Avenue. The queue peaked in length at 3:19 PM with 9 additional vehicles extending approximately 210 feet north on Leonard Avenue from the school entrance driveway as shown in the photos and map below. In total, the queue contained 66 vehicles at its longest. LRE incinamnc Page 2 of 3 By 3:21 PM, the pick-up queue was once again contained within the school property with no spillback onto Leonard Avenue, as shown in the photo below. For comparison, note the dark green utility box next to the sidewalk in this photo and the top -left photo from the previous page. In summary, • During the morning observation period (7:10 AM — 7:50 AM), the drop-off vehicle queue at Harlow Elementary was contained on -site. • In the afternoon, the pick-up vehicle queue spilled -back onto Leonard Avenue for six minutes (3:15 - 3:21 PM) and reached a length of approximately 210 feet from the entrance driveway. • The queue never reached Sharp Street. If you have any questions, please contact me at (972) 248-3006. We appreciate the opportunity to provide these services and are available to address any additional comments or concerns. Sincerely, Dharmesh M. Shah, P.E., PTOE Vice President Lee Engineering TBPE Firm F-450 LEE Encmainc Page 3 of 3 Level of Service A Exhibit D — Level of Service Characteristics Operational Characteristic Traffic speeds above 100 km J h • Traffic volumes about 30% of capacity (which is 600 pcu/hourllane) B ■ Beginning of steady flow conditions ■ Traffic speed of 90 km/h Traffic volume does not exceed 50% of capacity (that is 1000 pcu hour/lane). C - The current stable • Traffic speed > 75 km/h ■ Traffic volumes does not exceed 75% of capacity {that is 1500 CHILDREN& k HTHOUSE Educational Child Care Mth a cPurpose TRAFFIC STUDY Traffic Study CONCEPT DESIGN MAP a 5r 5 t rYnx 1 5rr � 5 55 NR4A4sA9 5 45 5 l' '�i yL��_ 1 V 5 }fir 1 11 x�y� 5i X 4+Wa•ia•n.�. x t or��y 5 - 55' PF da d [iiaw.Me r+Llirr � •. rrutcasn ,-sas �sr5nr —� ■� nc.r.iy a — 'I _ _ _ J �r.+sPa•u4� L� Harlow Elementary _ CHILDREN15 L G HTH 0 U S E Educational C hifd Care With a t r ose L CU O J 6RAF%C, LE&EMD ■ Traffic Impact Analysis was prepared and accepted by the City in April 2018 ■ Leonard Avenue has just been widened to a 4-lane divided (soon to be opened) — speed limit is 30 miles per hour ■ Sharp Street is now a 37' wide 2-lane undivided road in front of the site — speed limit is 30 miles per hour Traffic Study Traffic Counts at Intersection of Sharp and Leonard: _ CHILDREN5 G HTH 0 U S E Educatio of Chi(d- Care With a €t r ose ■ Existing Conditions (Morning Peak = 369; Afternoon Peak = 113) • Build -Out Conditions Year 2023 (Morning Peak = 555; Afternoon Peak = 179) ■ From Children's Lighthouse (Morning Peak = 25; Afternoon Peak = 25) Traffic from Children's Lighthouse Represents only: 6.3% of Morning Peak and 18.1% of Afternoon Peak in Existing Conditions and �4.3% of Morning Peak and 12.3% of Afternoon Peak in Build -Out Conditions Ch*11dren's lighthouse Family Owned, Founded and Headquartered in Fort Worth, Texas :I CHILDRENS L r„ - HTHOU E Traffic Pattern per Time of Day LEARNING CENTER 1 durgiuui f:Jr+O fin i1'SJJi .i ,ttrr+rtrr I CHILDREN5 L-mf'GHTHOUSE Educational C hifd Care With a t r ose We: Your PM vendor wnll require the below infonrwatian when working with local government authorrbes for parlarrg approvals, CFQLDREMS LL24TFIOLISE typfisllraRic ~ forarrhmi and deparbure atdtiildcwe centw1 ra 11,3M sq. fL buiidln4. Thme Period # of Parldng Slots Used by Teachers@ Times Listed 3 # of Parking Slots Used by Parents[¢ Times L.istml Total # of parking slots being used @ times listed B { 15 minutes) 6:15— 6.30 — 6:45 — 10 25 13 30 7.00 — 5 7A5 — 9 16 25 7:30 — 13 16 Elementary School (7:50) &GO — 19 tl7:45— Secondary School ( 20) 10 31 8:15 — 20 :30 — 21 8:45 — 21 9.00 — 22 10 32 9:15 — 22 5 27 930 — 22 3 25 9.45 — 22 1 23 30 minubes 1t}, 30 — 22 2 24 11:00 — 23 5 28 11:30 — 23 1 24 12: 0 — 23 2 arrive 2 leave 6 — 6 kiave 24 12:30 — 19 4 leave for 0 14 1.00-1:30 m 19 0 19 1:30 — 2:0U m 19 2 anise 2 leave 0 19 2.00 — 2:30 m 19 5 24 2.30 — 3:6C m 25 6 a Elementary Schaal (3.15) 100 — 3:30pm 26 130 — 4:Wvm 15 minutes 26 Secondary Schaal (8:20) 4:00 — 4;15 rn 26 a 34 4:15 — 4;30 m 25 10 35 30 — 4:45pm 25 23 1 10 12 35 4;45 — 5;00 m 35 5:00 — 5:15 m 22 10 32 5:15-5:30m 18 17 35 5:30 — 5:45 m 16 19 35 5:45 — 6:0U m 13 20 33 6:00 — 6:15 rn 10 25 35 6:15 — 6: m 8 5 25 33 26 6:30 21 Curing departure parents may spend an average of 7 to 10 minutes gathering their children's belongings to leave the center_ The children and thie staff would oaoupy a maximum of42 parlung spares at any one time_ Current Zoning Y F. MM: /A r f• � rt II,T A SI UMILM7I ION 1 [ I I%M:LT LUM3 I{i * kkkq khl IAI—il Vh-.4 '4*- i4)1L-%:4r;miK IJMi'm.NJ .4,hON,I low m1' !b -PhDMrr-eY.91P 10%M PIUM I YGM on aA iil wm IJ'.kr Li Au ja-m Lz LgmP 11M k IrIM htrXMj*j MPP41 7EM6. I0 UH IIDWWCPrFl10 ri W IP" JrAl-M4G II-gMrIi+'M 1104L CHILDREN5 GHTHOUSE Educational Child `are With a cftrpose ■ Current Zoning on the eastern portion of the land is Zoned District C (Single Family Transition Zone) and would allow for 5.25 homes per acre. ■ Current Zoning on the western portion of the land is Zoned District D (Town Center Town House Zone) and would allow for 12 Town Houses per acre with a max height of two and half stories (35 ft). THE CITY OF Anna NOTICE OF PUBLIC HEARING FOR PROPOSED ZONING CHANGE The Planning &Zoning Commission (P&Z) of the City of Anna will hold a public hearing on Monday, December 2, 2019, at 7:00 p.m., in the Council Chambers of Anna City Hall at 111 North Powell Parkway. State law requires that cities notify all property owners within 200 feet of any proposed zoning change. For this reason, we are sending you this notice. PROPOSED ZONING CHANGE:.Request to rezone 2.gt acres located at the southwest corner of Leonard Avenue and Sharp Street from Planned Development -Single -Family Residence- 60/Single-Family Townhome (PD-SF-60/SF-TH) to Planned Development -Restricted Commercial District (PD-C-1) with modified development standards. A PD is intended to provide for combining and mixing of uses allowed in various districts with appropriate regulations and to permit flexibility in the use and design of land and buildings in situations where modification of specific provisions is not contrary to its intent and purpose or significantly inconsistent with the planning on which it is based and will not be harmful to the community. A PD district may be used to permit new and innovative concepts in land utilization. While great flexibility is given to provide special restrictions, which will allow development not otherwise permitted, procedures are established herein to insure against misuse of the increased flexibility. The C-1 district is established to accommodate the shopping needs of residents in adjacent residential areas. This district is meant to be used in limited areas, where retail or service establishments deal directly with customers. Businesses in the C-1 district should be oriented to satisfying the daily and frequent shopping needs of the neighborhood consumer. CURRENT ZONING: The existing zoning is PD-SF-60/SF-TH. The SF-60 district is designed to accommodate single-family residential development on relatively ample lots. The district can be appropriately located in proximity to agricultural and single-family residential uses. The SF-TH district is designed to provide for a medium density residential environment of attached townhome units. Persons wanting more information should contact the Planning and Development Department at (972)924-2616. You are not required to attend this hearing, but if you do attend, you will be given the opportunity to speak for or against the change. APPLICANTS AND/OR AGENTS ARE EXPECTED TO ATTEND. Please circle one: In favor of request Neutral to request Opposed to request Comments: Pe THE CITY OF Anna By signing this letter, I declare I am the owner or authorized agent of the property at the address written below. A VV t T" CPM�rc A'u . �//Sy2P [ — bnvm�` Name (Please t) Signatur / �f> Address Date Please return form to: City of Anna Planning and Development Department P.O. Box 776 (3223 N. Powell Parkway, if hand delivered) Anna, TX 75409 �SZ Zj THE CITY OF Anna NOTICE OF PUBLIC HEARING FOR PROPOSED ZONING CHANGE The Planning &Zoning Commission (P&Z) of the City of Anna will hold a public hearing on Monday, November 4, 2019, at 7:00 p.m., in the Council Chambers of Anna City Hall at 111 North Powell Parkway. State law requires that cities notify all property owners within 200 feet of any proposed zoning change. For this reason, we are sending you this notice. PROPOSED ZONING CHANGE: Request to rezone 2.9 acres located at the southwest corner of Leonard Avenue and Sharp Street from Planned Development -Single -Family Residence- 60/Single-Family Townhome (PD-SF-60/SF-TH) to Planned Development -Restricted Commercial District (PD-C-1) with modified development standards. A PD is intended to provide for combining and mixing of uses allowed in various districts with appropriate regulations and to permit flexibility in the use and design of land and buildings in situations where modification of specific provisions is not contrary to its intent and purpose or significantly inconsistent with the planning on which it is based and will not be harmful to the community. A PD district may be used to permit new and innovative concepts in land utilization. While great flexibility is given to provide special restrictions, which will allow development not otherwise permitted, procedures are established herein to insure against misuse of the increased flexibility. The C-1 district is established to accommodate the shopping needs of residents in adjacent residential areas. This district is meant to be used in limited areas, where retail or service establishments deal directly with customers: Businesses in the C-1 district should be oriented to satisfying the daily and frequent shopping needs of the neighborhood consumer. CURRENT ZONING: The existing zoning is PD-SF-60/SF-TH. The SF-60 district is designed to accommodate single-family residential development on relatively ample lots. The district can be appropriately located in proximity to agricultural and single-family residential uses. The SF-TH district is designed to provide for a medium density residential environment of attached townhome units. Persons wanting more information should contact the Planning and Development Department at (972) 924-2616. You are not required to attend this hearing, but if you do attend, you will be given the opportunity to speak for or against the change. APPLICANTS AND/OR AGENTS ARE EXPECTED TO ATTEND. Please circle one: In favor of request Neutral to request Opposed to request Comments: THE CITY OF Anna By signing this letter, I declare I am the owner or authorized agent of the property at the address written below. Name (Pleas rint) Signat e LZ/`/ l✓� /'r� c 7' Address Date Please return form to: City of Anna Planning and Development Department POB 776 (3223 N. Powell Parkway, if hand delivered) Anna, TX 75409 P.O. Box 860358 Plano, TX 75086-0358 j�//9J-V 7j c- THE CITY OF Anna NOTICE OF PUBLIC HEARING FOR PROPOSED ZONING CHANGE NDV 2 5 7014 The Planning &Zoning Commission (P&Z) of the City of Anna will hold a public hearing on Monday, December 2, 2019 at 7:00 p.m., in the Council Chambers of Anna City Hall at 111 North Powell Parkway. State law requires that cities notify all property owners within 200 feet of any proposed zoning change. For this reason, we are sending you this notice. PROPOSED ZONING CHANGE: Request to rezone 2.9f acres located at the southwest corner of Leonard Avenue and Sharp Street from Planned Development -Single -Family Residence- 60/Single-Family Townhome (PD-SF-60/SF-TH) to Planned Development -Restricted Commercial District (PD-C-1) with modified development standards. A PD is intended to provide for combining and mixing of uses allowed in various districts with appropriate regulations and to permit flexibility in the use and design of land and buildings in situations where modification of specific provisions is not contrary to its intent and purpose or significantly inconsistent with the planning on which it is based and will not be harmful to the community. A PD district may be used to permit new and innovative concepts in land utilization. While great flexibility is given to provide special restrictions, which will allow development not otherwise permitted, procedures are established herein to insure against misuse of the increased flexibility. The CA district is established to accommodate the shopping needs of residents in adjacent residential areas. This district is meant to be used in limited areas, where retail or service establishments deal directly with customers. Businesses in the C-1 district should be oriented to satisfying the daily and frequent shopping needs of the neighborhood consumer. CURRENT ZONING: The existing zoning is PD-SF-60/SF-TH. The SF-60 district is designed to accommodate single-family residential development on relatively ample lots. The district can be appropriately located in proximity to agricultural and single-family residential uses. The SF-TH district is designed to provide for a medium density residential environment of attached townhome units. You are not required to attend this hearing, but if you do attend, you will be given the opportunity to speak for or against the change. APPLICANTS AND/OR AGENTS ARE EXPECTED TO ATTEND. -_--- Please circle one: (.In favor of request Neutral to request Opposed to request Comments: THE CITY OF Anna By signing this letter, I declare I am the owner or authorized agent of the property at the address written below. ��n�nif-�� IMIIIS Name (Please Print) Sig lure J'cp C) I h l I V1 cAri 0V�. Arrt�L �Ll L2cI Address 10�2�"��I°� Date Please return form to: City of Anna Planning and Development Department P.O. Box 776 (3223 N. Powell Parkway, if hand delivered) Anna, TX 75409 NOTICE OF PUBLIC HEARING FOR PROPOSED ZONING CHANGE The Planning &Zoning Commission (P&Z) of the City of Anna will hold a public hearing on Monday November 4, 2019, at 7:00 p.m., in the Council Chambers of Anna City Hall at 111 North Powell Parkway. State law requires that cities notify all property owners within 200 feet of any proposed zoning change. For this reason, we are sending you this notice. PROPOSED ZONING CHANGE: Request to rezone 2.9 acres located at the southwest corner of Leonard Avenue and Sharp Street from Planned Development -Single -Family Residence- 60/Single-Family Townhome (PD-SF-60/SF-TH) to Planned Development -Restricted Commercial District (PD-C-1) with modified development standards. A PD is intended to provide for combining and mixing of uses allowed in various districts with appropriate regulations and to permit flexibility in the use and design of land and buildings in situations where modification of specific provisions is not contrary to its intent and purpose or significantly inconsistent with the planning on which it is based and will not be harmful to the community. A PD district may be used to permit new and innovative concepts in land utilization. While great flexibility is given to provide special restrictions, which will allow development not otherwise permitted, procedures are established herein to insure against misuse of the increased flexibility. The C-1 district is established to accommodate the shopping needs of residents in adjacent residential areas. This district is meant to be used in limited areas, where retail or service establishments deal directly with customers: Businesses in the C-1 district should be oriented to satisfying the daily and frequent shopping needs of the neighborhood consumer. CURRENT ZONING: The existing zoning is PD-SF-60/SF-TH. The SF-60 district is designed to accommodate single-family residential development on relatively ample lots. The district can be appropriately located in proximity to agricultural and single-family residential uses. The SF-TH district is designed to provide for a medium density residential environment of attached townhome units. Persons wanting more information should the Planningy and Development Department at 9{ 72� 924-2616. You are not required to attend this hearing, but if you do attend, you will be given the opportunity to speak for or against the change. APPLICANTS AND/OR AGENTS ARE EXPECTED TO ATTEND. Please circle one: In favor of request Neutral to request O osed to request Comments: 0 . 2 A,,. 4 - By signing this letter, I declare I am the owner or authorized agent of the property at the address written below. NIT/I Name (Please Print) Signature Address Date Please return form to: City of Anna Planning and Development Department POB 776 (3223 N. Powell Parkway, if hand delivered) Anna, TX 75409 P.O. Box 860358 Plano, TX 7508M358 THE CITY" OF At`1 r NOTICE OF PUBLIC HEARING FOR PROPOSED ZONING CHANGE The Planning &Zoning Commission (P&Z) of the City of Anna will hold a public hearing on Monday, November 4, 2019, at 7:00 p:m., in the Council Chambers of Anna City Hall at 111 North Powell Parkway. State law requires that cities notify all property owners within 200 feet of any proposed zoning change. For this reason, we are sending you this notice. PROPOSED ZONING CHANGE: Request to rezone 2.9 acres located at the southwest corner of Leonard Avenue and Sharp Street from Planned Development -Single -Family Residence- 60/Single-Family Townhome (PD-SF-60/SF-TH) to Planned Development -Restricted Commercial District (PD-C-1) with modified development standards. A PD is intended to provide for combining and mixing of uses allowed in various districts with appropriate regulations and to permit flexibility in the use and design of land and buildings in situations where modification of specific provisions is not contrary to its intent and purpose or significantly inconsistent with the planning on which it is based and will not be harmful to the community. A PD district may be used to permit new and innovative concepts in land utilization. While great flexibility is given to provide special restrictions, which will allow development not otherwise permitted, procedures are established herein to insure against misuse of the increased flexibility. The C-1 district is established to accommodate the shopping needs of residents in adjacent residential areas. This district is meant to be used in limited areas, where retail or service establishments deal directly with customers: Businesses in the C-1 district should be oriented to satisfying the daily and frequent shopping needs of the neighborhood consumer. CURRENT ZONING: The existing zoning is PD-SF-60lSF-TH. The SF-60 district is designed to accommodate single-family residential development on relatively ample lots. The district can be appropriately located in proximity to agricultural and single-family residential uses. The SF-TH district is designed to provide for a medium density residential environment of attached townhome units. You afe not required to attend this hearing, but if you do attend, you will be given the opportunity to speak for or against the change. APPLICANTS AND/OR AGENTS ARE EXPECTED TO A Please circle one: In favor of request Neutral to request Opposed to request Comments: "1 'is__r1ReA l Dav�k Z be ixk}CW Sevve �� THE CITY OF a By signing this letter, I declare I am the owner or authorized agent of the property at the address written below. {wnbct2 Tol(JhS Le\a l}u�zv1 UT� VV N T lS`i� l Address Date Please return form to: City of Anna Planning and Development Department POB 776 (3223 N. Powell Parkway, if hand delivered) Anna, TX 75409 P.O. Box 860358 Plano, TX 7508&0358 Welcome to the Planning and Zoning meeting. Your presence and participation are appreciated. You may make your opinion known on an issue and/or register to speak to the Chairman and Commission Members. Please turn this form in at the staff table to be forwarded to the Chairman. Please step to the podium as soon as you are recognized by the Chairman and state your name and address before beginning your presentation. If you have written notes or other material you wish to present to the Chairman and Commission, please furnish an extra copy for the official files. Name: Address: � J N Ip��,(, City / State / Zip: Ar �t{a� i , X l Telephone Number (s): ************************************************************************************************ Regarding Agenda Item No. ' P & Z MeetingDate: Subject: OFor �� Against Comments: (Use back if necessary) �1oc IV en i)i r � '�ec�� ************************************************************************************************ `� I wish to address the Chairman and Commission Members. (PLEASE LIMIT COMMENTS TO 3 MINUTES) () I do not wish to address the Chairman and Commission Members, but do wish to register my opinion. ************************************************************************************************ • � � s � }- �s �� tr Welcome to the Planning and Zoning meeting. Your presence and participation are appreciated. You may make your opinion known on an issue and/or register to speak to the Chairman and Commission Members. Please turn this form in at the staff table to be forwarded to the Chairman. Please step to the podium as soon as you are recognized by the Chairman and state your name and address before beginning your presentation. If you have written notes or other material you wish to present to the Chairman and Commission, please furnish an extra copy for the official files. Name: Address: Z2I3 LAJe.Iga�t r,Vfp� City / State / Zip: 1� \V kcA t )C `7Sy/Q t Telephone Number (s): �StQ (12(to 0 - i�70 Regarding Agenda Item No. % P & Z Meeting Date: 0 4/ / Subject: ()For Against Comments: (Use back if necessary) I wish to address the Chairman and Commission Members. (PLEASE LIMIT COMMENTS TO 3 MINUTES) ( ) I do not wish to address the Chairman and Commission Members, but do wish to register my opinion. THE CITY OF Anna NOTICE OF PUBLIC HEARING FOR PROPOSED ZONING CHANGE The Planning & Zoning Commission (P&Z) of the City of Anna will hold a public hearing on Monday, November 4, 2019, at 7:00 a.m., in the Council Chambers of Anna City Hall at 111 North Powell Parkway. State law requires that cities notify all property owners within 200 feet of any proposed zoning change.For this reason, we are sending you this notice. PROPOSED ZONING CHANGE: Request to rezone 2.9 acres located at the southwest corner of Leonard Avenue and Sharp Street from Planned Development -Single -Family Residence- 60/Single-Family Townhome (PD-SF-60/SF-TH) to Planned Development -Restricted Commercial District (PD-C-1) with modified development standards. A PD is intended to provide for combining and mixing of uses allowed in various districts with appropriate regulations and to permit flexibility in the use and design of land and buildings in situations where modification of specific provisions is not contrary to its intent and purpose or significantly inconsistent with the planning on which it is based and will not be harmful to the community. A PD district may be used to permit new and innovative concepts in land utilization. While great flexibility is given to provide special restrictions, which will allow development not otherwise permitted, procedures are established herein to insure against misuse of the increased flexibility. The C-1 district is established to accommodate the shopping needs of residents in adjacent residential areas. This district is meant to be used in limited areas, where retail or service establishments deal directly with customers: Businesses in the C-1 district should be oriented to satisfying the daily and frequent shopping needs of the neighborhood consumer. CURRENT ZONING: The existing zoning is PD-SF-60/SF-TH. The SF-60 district is designed to accommodate single-family residential development on relatively ample lots. The district can be appropriately located in proximity to agricultural and single-family residential uses. The SF-TH district is designed to provide for a medium density residential environment of attached townhome units. Persons wanting more information should contact the Planning and Development Department at (972) 924-2616. You are not required to attend this hearing, but if you do attend, you will be given the opportunity to speak for or against the change. APPLICANTS AND/OR AGENTS ARE EXPECTED TO ATTEND, Please circle one: In favor of request Neutral to request ( Opposed to request Comments: (/l/DyC_ //VSTz= 6gV /J '&P� CzTiyi g v� 1*'�F4V A� �,�posEV 7�0 /f-Vvas Aftha OF By signing this letter, 1 declare I am the owner or authorized agent of the property at the address written below. Name (Pl se Pridt) l2 TOjT� TSB Address Please return form to: City of Anna Planning and Development Department POB 776 (3223 N. Powell Parkway, if hand delivered) Anna, TX 75409 P.O. Box 860358 Plano, TX 75086-0358 Welcome to the Planning and Zoning meeting. Your presence and participation are appreciated. You may make your opinion known on an issue and/or register to speak to the Chairman and Commission Members. Please turn this form in at the staff table to be forwarded to the Chairman. Please step to the podium as soon as you are recognized by the Chairman and state your name and address before beginning your presentation. If you have written notes or other material you wish to present to the Chairman and Commission, please furnish an extra copy for the official files. _. , Name: Address: kv{ Lv 'e, C C City / State / Zip: LNCN Telephone Number (s): any-say-�z35! **********************************************************************************+****+********** Regarding Agenda Item No. 1 P & Z Meeting Date: h 14 hC3 Subject: ()For "`Against Comments: (Use back if necessary) ************************************************************************************************ �, I wish to address the Chairman and Commission Members. (PLEASE LIMIT COMMENTS TO 3 MINUTES) ( ) I do not wish to address the Chairman and Commission Members, but do wish to register my opinion. OPINION / SPEAKER REGISTRATION FORM Welcome to the Planning and Zoning meeting. Your presence and participation are appreciated. You may make your opinion known on an issue and/or register to speak to the Chairman and Commission Members. Please turn this form in at the staff table to be forwarded to the Chairman. Please step to the podium as soon as you are recognized by the Chairman and state your name and address before beginning your presentation. If you have written notes or other material you wish to present to the Chairman and Commission, please furnish an extra copy for the official files. Name: 5<.olT Cr SN��Z Address: is l F1 Av`z,� DR City /State /Zip: WN NA T X � S `I �°i Telephone Number (s): �a`d - y a1- a.5S9 Regarding Agenda Item No. '1 A¢ 6 P& Z Meeting Date: i i i 9 Subject: ()For Comments: (Use back if necessary) Z WM' NoT Foe Hl�JS.r�li` CoMr�41��AL, T�� [. pAz A TS 7ld'z. G-rLowS�(r poPuLpisorJ Against TL z AG 2%S �J RN�a r ro St a(� �rN q. AL-soTo 1dpV{ �- W c.aN til iRLh.n � L�aT N4 �( Ul�xLNoo, I�N� Mro(LzZ. 5� lPo`z ar'Vt-` r� z C; TO CW`L Co�ttuN^_i ( Pva� ,o��J `cM`zl�a2( SLNoot �N +�{ QC) I wish to address the Chairman and Commission Members. (PLEASE LIMIT COMMENTS TO 3 MINUTES) ( ) I do not wish to address the Chairman and Commission Members, but do wish to register my opinion. OPINION / SPEAKER REGISTRATION FORM Welcome to the Planning and Zoning meeting. Your presence and participation are appreciated. You may make your opinion known on an issue and/or register to speak to the Chairman and Commission Members. Please turn this form in at the staff table to be forwarded to the Chairman. Please step to the podium as soon as you are recognized by the Chairman and state your name and address before beginning your presentation. If you have written notes or other material you wish to present to the Chairman and Commission, please furnish an extra copy for the official files. I�FPi'iL� Address: [[^\u,,�ht� City /State /Zip: Telephone Number (s): '-4 [A>1 6 1,10 311 q I Regarding Agenda Item No. + (1. P & Z Meeting Date Subject (yj For ()Against Comments: (Use back if necessary) :S.S.££i.T.F3.F.T.iR.iT.T.T.i.FT.T.iS.T.TTST.T.T3.TS.T.T.�TST.T.TS.T.T.T.iT.T.T.iT.T.F.iT.T.T.T.T.T.T.ii.TS.T.�TSTSS3SS3.TS.TSTST.TST.T.T.T.�_______ (v)' I wish to address the Chairman and Commission Members. (PLEASE LIMIT COMMENTS TO 3 MINUTES) () I do not wish to address the Chairman and Commission Members, but do wish to register my opinion. OPINION / SPEAKER REGISTRATION FORM Welcome to the Planning and Zoning meeting. Your presence and participation are appreciated. You may make your opinion known on an issue and/or register to speak to the Chairman and Commission Members. Please turn this form in at the staff table to be forwarded to the Chairman. Please step to the podium as soon as you are recognized by the Chairman and state your name and address before beginning your presentation. If you have written notes or other material you wish to present to the Chairman and Commission, please furnish an extra copy for the official files. Name: Address: / // City / State / Zip: 44 7 /1Xt1m 19r, 47/L/ Telephone Number (s): ��7 dam GC/ Regarding Agenda Item No. P & Z Meeting Date: Subject: Against Comments: (Use back if necessaGr�y) Uv� dD fLQf � l 71 �ra�rl `e ` �� a� 7Dr Co/nfner��1 0 -F All x/t mot' �ii�G/iJ zoned � er: dY(i i%Jis ILI 4 aii is A7 ere".',fe ` J /16��i%9/��/oo� u o1�,—siz✓� �v (�/I1 /yiel �zl! //Ap () I wish to address the Chairman and Commission Members. A, ,(PLEASE LIMIT COMMENTS TO 3 MINUTES) I do not wish to address the Chairman and Commission Members, but do h to register my opinion. THE CITY OF Anna NOTICE OF PUBLIC HEARING FOR PROPOSED ZONING CHANGE The Planning &Zoning Commission (P&Z) of the City of Anna will hold a public hearing on Monday, November 4, 2019, at 7:00 p.m., in the Council Chambers of Anna City Hall at 111 North Powell Parkway. State law requires that cities notify all property owners within 200 feet of any proposed zoning change. For this reason, we are sending you this notice. PROPOSED ZONING CHANGE: Request to rezone 2.9 acres located at the southwest corner of Leonard Avenue and Sharp Street from Planned Development -Single -Family Residence- 60/Single-Family Townhome (PD-SF-60/SF-TH) to Planned Development -Restricted Commercial District (PD-C-1) with modified development standards. A PD is intended to provide for combining and mixing of uses allowed in various districts with appropriate regulations and to permit flexibility in the use and design of land and buildings in situations where modification of specific provisions is not contrary to its intent and purpose or significantly inconsistent with the planning on which it is based and will not be harmful to the community. A PD district may be used to permit new and innovative concepts in land utilization. While great flexibility is given to provide special restrictions, which will allow development not otherwise permitted, procedures are established herein to insure against misuse of the increased flexibility. The C-1 district is established to accommodate the shopping needs of residents in adjacent residential areas. This district is meant to be used in limited areas, where retail or service establishments deal directly with customers: Businesses in the C-1 district should be oriented to satisfying the daily and frequent shopping needs of the neighborhood consumer. CURRENT ZONING: The existing zoning is PD-SF-60lSF-TH. The SF-60 district is designed to accommodate single-family residential development on relatively ample lots. The district can be appropriately located in proximity to agricultural and single-family residential uses. The SF-TH district is designed to provide for a medium density residential environment of attached townhome units. Persons wanting more information should contact the Planning and Development Department at (972) 924-2616. You are not required to attend this hearing, but if you do attend, you will be given the opportunity to speak for or against the change. APPLICANTS AND/OR AGENTS ARE EXPECTED TO ATTEND. Please circle one: In favor of request Neutral to request Opposed to request Comments: THE CITY OF manna By signing this letter, I declare I am the owner or authorized agent of the property at the address Address Date Please return form to: City of Anna Planning and Development Department POB 776 (3223 N. Powell Parkway, if hand delivered) Anna, TX 75409 P.O. Box 860358 Plano, TX 75086-0358 To Whom It May Concern, Obviously at the Anna Town Crossings Town Hall meeting that was held a couple of months ago, the developer did not hear everyone objection to changing the zoning for the 2.9 acres at the Leonard Ave and Sharp Street. According to the developer, he was going to take in everyone concerns and make a decision on if the developer should sell the property so that a day care and potential doctor's office could be built on this property. There where may home owners from Anna Town Crossing at this meeting, and not one person gave their approval to go ahead with this proposed zoning change. Every home owner in Anna Town Crossing was told that all commercial buildings are going to be located in the front portion of the property, (located near Highway 5), and all residential property would be located at the back part of the property. That's one of the main reasons we purchased our home here as did other Anna Town Crossing residents. Now the developer wants to sell this piece of property so that a day care facility and doctors office could be built on this property. The traffic that comes through this section of Anna Town Square is crazy in the morning and late afternoon because of the drop off and pick up of children at the element school. In the morning the traffic starts at 6 am and continues to a little after 8 am. In the afternoon, the cars line up on Leonard Ave and onto Sharp Street waiting to pick their children up. Trying to get into and out of Anna Town Square at these time is rather a pain because of this additional school traffic. Now that sections three and four of the Anna Town Square development are starting to have families move into these sections, it is also adding additional daily traffic in the Leonard/Sharp street areas. Across the street from the proposed zoning area change is phase 5 of Anna Town Square. There looks to be almost around 90 additional homes that are going to be built in this section. That could easily add between 90 and 180 additional vehicles in the traffic flow on Leonard/Sharp Street. If the day care facility is built, the day care can accommodate 235 children. There is another potential 235 vehicles that will be added to the already crowded roads inside Anna Town Square. My wife and I live across the street from the proposed zoning chance property, on the corner of Sharp Street and Leonard Ave. It's bad enough that the element school parking lights flood our back yard the entire night. Do you know the parking lights are turned on a little after 5pm and stay lit until around 8 am, through the year? Now if the day care and doctor's offices are built on this piece of property the parking lights from this property will now add to the light pollution from the element school that is flooding our house. This 2.9 acres sits next to the community center/pool. Who would want to spend time at the community center/pool and have to deal with the noise and traffic coming and going throughout the day from the day care center and the doctor's office. My wife has been selling real estate for over twenty years, and we are concerned that our property values will go down because our house will be next to these businesses. The developer can tell us all he wants to that by having a business like the day care center will improve the value of our homes, but he is blowing smoke. What should be done with the property is to have it turn into a park This would be a great addition to the community center/pool. Also, the existing park that is located off Sharp Street, is slowly shrinking because additional houses are being built on the property surrounding the park. Having this 2.9 acres turned into a park would be very beneficial to the community. Thank you, Laura and Anthony Laurienti 1010 Sharp Street, Anna, TX OPINION / SPEAKER REGISTRATION FORM Welcome to the Planning and Zoning meeting. Your presence and participation are appreciated. You may make your opinion known on an issue and/or register to speak to the Chairman and Commission Members. Please turn this form in at the staff table to be forwarded to the Chairman. Please step to the podium as soon as you are recognized by the Chairman and state your name and address before beginning your presentation. If you have written notes or other material you wish to present to the Chairman and Commission, please furnish an extra copy for the official files. Name: Address: ip 62�1 %442,vu City / State / Zip:�424,a Y T °/5 4n9 Telephone Number (s): Regarding Agenda Item No.16 P & Z Meeting Date: //-4, %py / % Subject: For Comment„s,:`-(LUs�egb�ack if necessary) Against (� I wish to address the Chairman and Commission Members. (PLEASE LIMIT COMMENTS TO 3 MINUTES) () I do not wish to address the Chairman and Commission Members, but do wish to register my opinion. OPINION / SPEAKER REGISTRATION FORM Welcome to the Planning and Zoning meeting. Your presence and participation are appreciated. You may make your opinion known on an issue and/or register to speak to the Chairman and Commission Members. Please turn this form in at the staff table to be forwarded to the Chairman. Please step to the podium as soon as you are recognized by the Chairman and state your name and address before beginning your presentation. If you have written notes or other material you wish to present to the Chairman and Commission, please furnish an extra copy for the official files. Name: w/}` t4(f , / "tip RLO Address:&39 City / State / Zip: LtJ�A Telephone Number (s):� Regarding Agenda Item No. —] P & Z Meeting Date: 11 aA _ \ 9 Subject: Against Comments: (Use back if necessary) T� M N,CIA , �� FCC C. W Sz2e(� 1-r0 �G� ��u Tb 4�0\u- ��L' E-k� id*a(`lLC () I wish to address the Chairman and Commission Members. PLEASE LIMIT COMMENTS TO 3 MINUTES) do not wish to address the Chairman and Commission Memb Gers, but do h to register my opinion. Welcome to the Planning and Zoning meeting. Your presence and participation are appreciated. You may make your opinion known on an issue and/or register to speak to the Chairman and Commission Members. Please turn this form in at the staff table to be forwarded to the Chairman. Please step to the podium as soon as you are recognized by the Chairman and state your name and address before beginning your presentation. If you have written notes or other material you wish to present to the Chairman and Commission, please furnish an extra copy for the official files. Name: Address: L)o City /State /Zip: N&V,n UV [i7 Regarding Agenda Item No. I �`� P & Z Meeting Date: Subject: or ()Against Comments: (Use back if necessary) �cv Kn nr.\, Tpw n �vtL u, ore. dot i cA yto, V015h do �W L 0,bbu,A gVeo.-1 �� I iov (wish to address the Chairman and Commission Members. (PLEASE LIMIT COMMENTS TO 3 MINUTES) () I do not wish to address the Chairman and Commission Members, but do wish to register my opinion. Welcome to the Planning and Zoning meeting. Your presence and participation are appreciated. You may make your opinion known on an issue and/or register to speak to the Chairman and Commission Members. Please turn this form in at the staff table to be forwarded to the Chairman. Please step to the podium as soon as you are recognized by the Chairman and state your name and address before beginning your presentation. If you have written notes or other material you wish to present to the Chairman and Commission, please furnish an extra copy for the official files. Name: Ruc= 1NO2WOS> Address: 113.E (z LS�I Sr City/State/Zip: , 'id 1S�f�i Telephone Number (s): y � U - 54b---�'73� ************************************************************************************************ Regarding Agenda Item No. 7 P & Z Meeting Date: I i I 4 II S Subject: ( For OAgainst Comments: (Use back if necessary) ************************************************************************************************ (� wish to address the Chairman and Commission Members. (PLEASE LIMIT COMMENTS TO 3 MINUTES) ( ) I do not wish to address the Chairman and Commission Members, but do wish to register my opinion. Welcome to the Planning and Zoning meeting. Your presence and participation are appreciated. You may make your opinion known on an issue and/or register to speak to the Chairman and Commission Members. Please turn this form in at the staff table to be forwarded to the Chairman. Please step to the podium as soon as you are recognized by the Chairman and state your name and address before beginning your presentation. If you have written notes or other material you wish to present to the Chairman and Commission, please furnish an extra copy for the official files. Name: /fZP)5 S� Address: Z.II nL4P6" City / State ! Zip: ) rw ft '154d' Telephone Number (s): `O'J T5 104 Regarding Agenda Item No. r P & Z Meeting Date: 1I(qj iTI Subject: ()For Against Comments: (Use back if necessary) py i 1'� wiU ilu((it `lAf ecfeN iu%- +On- SpFT�1 1rA5 t�Q 1e ba5��5t GenCvzJ 6� YL w^� ^S jCh�e\ i� p� kuCAc� C4LOC9 .. ,Ni°CL-t Cal I:. eAj AJI C VJ!e'n ('(i (�f✓'Ql��"-t •� XD '� ScHPe�� j l wall. inc��sc •%a•�'%,t� Co�,� () I wish to address the Chairman and Commission Members. (PLEASE LIMIT COMMENTS TO 3 MINUTES) '(i,�I do not wish to address the Chairman and Commission Members, but do wish to register my opinion. Welcome to the Planning and Zoning meeting. Your presence and participation are appreciated. You may make your opinion known on an issue and/or register to speak to the Chairman and Commission Members. Please turn this form in at the staff table to be forwarded to the Chairman. Please step to the podium as soon as you are recognized by the Chairman and state your name and address before beginning your presentation. If you have written notes or other material you wish to present to the Chairman and Commission, please furnish an extra copy for the official files. Name: Address :.1 05 L l'r�21 �- City / State / Zip: Telephone Number (s): Regarding Agenda Item N Subject: Comments: (Use back if necessary) P & Z Meeting Date: // ('f Against ************************************************************************************************ (�, I wish to address the Chairman and Commission Members. (PLEASE LIMIT COMMENTS TO 3 MINUTES) ( ) I do not wish to address the Chairman and Commission Members, but do wish to register my opinion. ************************************************************************************************ TI �E CITY OF Aftha NOTICE OF PUBLIC FIEARnvG FOR PROPOSED ZONING CHANGE The Planning &Zoning Commission (P&Z) of the City of Anna will hold a public hearing on Monday, November 4, 2019, at 7:00 p,m., in the Council Chambers of Anna City Hall at 111 North Powell Parkway. State law requires that cities notify all property owners within 200 feet of any proposed zoning change. For this reason, we are sending you this notice. PROPOSED ZONING CHANGE: Request to rezone 2.9 acres located at the southwest corner of Leonard Avenue and Sharp Street from Planned Development -Single -Family Residence- 0/Single-Family Townhome (PD-SF-60/SF-TH) to Planned Development -Restricted Commercial District (PD-C-1) with modified development standards. A PD is intended to provide for combining and mixing of uses allowed in various districts with appropriate regulations and to permit flexibility in the use and design of land and buildings in situations where modification of specific provisions is not contrary to its intent and purpose or significantly inconsistent with the planning on which it is based and will not be harmful to the community. A PD district may be used to permit new and innovative concepts in land utilization. While great flexibility is given to provide special restrictions, which will allow development not otherwise permitted, procedures are established herein to insure against misuse of the increased flexibility. The C-1 district is established to accommodate the shopping needs of residents in adjacent residential areas. This district is meant to be used in limited areas, where retail or service establishments deal directly with customers: Businesses in the C-1 district should be oriented to satisfying the daily and frequent shopping needs of the neighborhood consumer. CURRENT ZONING: The existing zoning is PD-SF-60/SF-TH. The SF-60 district is designed to accommodate single-family residential development on relatively ample lots. The district can be appropriately located in proximity to agricultural and single-family residential uses. The SF-TH district is designed to provide for a medium density residential environment of attached townhome units. Persons wantinra more information should contact the Planning and Development Department at {972) 924-2616. You are not required to attend this hearing, but if you do attend, you will be given the opportunity to speak for or against the change. APPLICANTS AND/OR AGENTS ARE EXPECTED TO ATTEND. Please circle one: In favor of request Neutral to request Opposed to request THE CITY OF Aftifta By signing this letter, I declare I am the owner or authorized agent of the property at the address written below. Terry <oAN Ninls Name (P as rint) Signat e a� o i DAA IJ A . Address ►► k kal �g Date Please return form to: City of Anna Planning and Development Department POB 776 (3223 N. Powell Parkway, if hand delivered) Anna, TX 75409 P.O. Box 860358 Plano, TX 7508M358 NOTICE OF PUBIC HEARING FOR PROPOSED ZONING CHANGE The Planning & Zoning Commission ( ) of the City of Anna will hold a public hearing on Monday November 4, 2019, at 7:00 ., in the Council Chambers of Anna City Hall at 111 North Powell Parkway. State law requires that cities notify all property owners within 200 feet of any proposed zoning change. For this reason, we are sending you this notice. PROPOSED ZONING CHANGE: Request to rezone 2.9 acres located at the southwest corner of Leonard Avenue and Sharp Street from Planned Development -Single -Family Residence- 60/Single-Family Townhome (PD-SF-60/SF-TH) to Planned Development -Restricted Commercial District (PD-C-1) with modified development standards. A PD is intended to provide for combining and mixing of uses allowed in various districts with appropriate regulations and to permit flexibility in the use and design of land and buildings in situations where modification of specific provisions is not contrary to its intent and purpose or significantly inconsistent with the planning on which it is based and will not be harmful to the community. A PD district may be used to permit new and innovative concepts in land utilization. While great flexibility is given to provide special restrictions, which will allow development not otherwise permitted, procedures are established herein to insure against misuse of the increased flexibility. The C-1 district is established to accommodate the shopping needs of residents in adjacent residential areas. This district is meant to be used in limited areas, where retail or service establishments deal directly with customers. Businesses in the C-1 district should be oriented to satisfying the daily and frequent shopping needs of the neighborhood consumer. CURRENT ZONING: The existing zoning is PD-SF-6015E-TH. The SF-60 district is designed to accommodate single-family residential development on relatively ample lots. The distric# can be appropriately located in proximity to agricultural and single-family residential uses. The SF-TH district is designed to provide for a medium density residential environment of attached townhome units. Persons wanting. more information should _contact the _Planning _and Development_De_partment at f9T2)_924-2616_ You are not required to attend this hearing, but if you do attend, you will be given the opportunity to speak for or against the change. APPLICANTS AND/OR AGENTS ARE EXPECTED TO ATTEND. Please circle one: In favor of request Neutral to request Opposed to request By signing this letter, I declare I am the owner or authorized agent of the property at the address written below. N Al �C r Name (Flame Print Signature Address Date Please return form to City of Anna Planning and Development Department POB 776 (3223 N. Powell Parkway, if hand delivered) Anna, TX 75409 P.O. Box 860358 Plano, TX 75086-0358 THE CITY OF Anna NOTICE OF PUBLIC HEARING FOR PROPOSED ZONING CHANGE The Planning &Zoning Commission (P&Z) of the City of Anna will hold a public hearing on Monday, December 2, 2019, at 7:00 p.m., in the Council Chambers of Anna City Hall at 111 North Powell Parkway. State law requires that cities notify all property owners within 200 feet of any proposed zoning change. For this reason, we are sending you this notice. PROPOSED ZONING CHANGE: Request to rezone 2.9i acres located at the southwest corner of Leonard Avenue and Sharp Street from Planned Development -Single -Family Residence- 60/Single-Family Townhome (PD-SF-60/SF-TH) to Planned Development -Restricted Commercial District (PD-C-1) with modified development standards. A PD is intended to provide for combining and mixing of uses allowed in various districts with appropriate regulations and to permit flexibility in the use and design of land and buildings in situations where modification of specific provisions is not contrary to its intent and purpose or significantly inconsistent with the planning on which it is based and will not be harmful to the community. A PD district may be used to permit new and innovative concepts in land utilization. While great flexibility is given to provide special restrictions, which will allow development not otherwise permitted, procedures are established herein to insure against misuse of the increased flexibility. The C-1 district is established to accommodate the shopping needs of residents in adjacent residential areas. This district is meant to be used in limited areas, where retail or service establishments deal directly with customers. Businesses in the C-1 district should be oriented to satisfying the daily and frequent shopping needs of the neighborhood consumer. CURRENT ZONING: The existing zoning is PD-SF-60/SF-TH. The SF-60 district is designed to accommodate single-family residential development on relatively ample lots. The district can be appropriately located in proximity to agricultural and single-family residential uses. The SF-TH district is designed to provide for a medium density residential environment of attached townhome units. Persons wanting more information should contact the Planning and Development Department at (972) 924-2616, You are not required to attend this hearing, but if you do attend, you will be given the opportunity to speak for or against the change. APPLICANTS AND/OR AGENTS ARE EXPECTED TO ATTEND. Please circle one: Lfavorof request Neutral to request Opposed to request Comments: THE CITY OF Anna By signing this letter, I declare I am the owner or authorized agent of the property at the address written below. S1IMM 9NRIDHARANI Name (Please Print) S, i Qvti z kp ry Signature Harlan Properties 104'l -X:1S Drive #103 Address i I-25-I� Date Please return form to: City of Anna Planning and Development Department P.O. Box 776 (3223 N. Powell Parkway, if hand delivered) Anna, TX 75409 THE CITY OF Anna NOTICE OF PUBLIC HEARING FOR PROPOSED ZONING CHANGE The Planning &Zoning Commission (P&Z) of the City of Anna will hold a public hearing on Monday, December 2, 2019, at 7:00 p.m., in the Council Chambers of Anna City Hall at 111 North Powell Parkway. State law requires that cities notify all property owners within 200 feet of any proposed zoning change. For this reason, we are sending you this notice. PROPOSED ZONING CHANGE: Request to rezone 2.9t acres located at the southwest corner of Leonard Avenue and Sharp Street from Planned Development -Single -Family Residence- 60/Single-Family Townhome (PD-SF-60/SF-TH) to Planned Development -Restricted Commercial District (PD-C-1) with modified development standards. A PD is intended to provide for combining and mixing of uses allowed in various districts with appropriate regulations and to permit flexibility in the use and design of land and buildings in situations where modification of specific provisions is not contrary to its intent and purpose or significantly inconsistent with the planning on which it is based and will not be harmful to the community. A PD district may be used to permit new and innovative concepts in land utilization. While great flexibility is given to provide special restrictions, which will allow development not otherwise permitted, procedures are established herein to insure against misuse of the increased flexibility. The C-1 district is established to accommodate the shopping needs of residents in adjacent residential areas. This district is meant to be used in limited areas, where retail or service establishments deal directly with customers. Businesses in the C-1 district should be oriented to satisfying the daily and frequent shopping needs of the neighborhood consumer. CURRENT ZONING: The existing zoning is PD-SF-60/SF-TH. The SF-60 district is designed to accommodate single-family residential development on relatively ample lots. The district can be appropriately located in proximity to agricultural and single-family residential uses. The SF-TH district is designed to provide for a medium density residential environment of attached townhome units. Persons wanting more information should contact the Planning and Development Department at (972) 924-2616. You are not required to attend this hearing, but if you do attend, you will be given the opportunity to speak for or against the change. APPLICANTS AND/OR AGENTS ARE EXPECTED TO ATTEND. Please circle one: In favor of request Neutral to request Opposed to request Comments: THE CITY OF Anna By signing this letter, I declare I am the owner or authorized agent of the property at the address written below. Name( rant) ,,l✓ ) l Gry � _ Signature !0/0 2ktG� Address lz� //LZ7 Date Please return form to: City of Anna Planning and Development Department P.O. Box 776 (3223 N. Powell Parkway, if hand delivered) Anna, TX 75409 OPINION / SPEAKER REGISTRATION FORM Welcome to the Planning and Zoning meeting. Your presence and participation are appreciated. You may make your opinion known on an issue and/or register to speak to the Chairman and Commission Members. Please turn this form in at the staff table to be forwarded to the Chairman. Please step to the podium as soon as you are recognized by the Chairman and state your name and address before beginning your presentation. If you have written notes or other material you wish to present to the Chairman and Commission, please furnish an extra copy for the official files. Name: �Yl ( �,7i, Address: City / State / Zip: L alel Telephone Number (s): 21 q / I `I Regarding Agenda Item No. J Subject: Comments: (Use back if necessary) �t 3 7 P & Z Meeting Date: ( gainst () I wish to address the Chairman and Commission Members. (P ,4SE LIMIT COMMENTS TO 3 MINUTES) (' do not wish to address the Chairman and Commission Members, but do wish to register my opinion. Welcome to the Planning and Zoning meeting. Your presence and participation are appreciated. You may make your opinion known on an issue and/or register to speak to the Chairman and Commission Members. Please turn this form in at the staff table to be forwarded to the Chairman. Please step to the podium as soon as you are recognized by the Chairman and state your name and address before beginning your presentation. If you have written notes or other material you wish to present to the Chairman and Commission, please furnish an extra copy for the official files. City / State / Zip: jA A N TelephoneNumber(s): lv�- Regarding Agenda Item No. P & Z Meeting Date: f,;, Subject: OFor .Against Comments: (Use back if necessary) 0 C , J� cF�.0 i n�4G�. 2� GLSv �'a El fariZ✓rL� � '' (-�, I wish to address the Chairman and Commission Members. (PLEASE LIMIT COMMENTS TO 3 MINUTES) ( ) I do not wish to address the Chairman and Commission Members, but do wish to register my opinion. OPINION / SPEAKER REGISTRATION FORM Welcome to the Planning and Zoning meeting. Your presence and participation are appreciated. You may make your opinion known on an issue and/or register to speak to the Chairman and Commission Members. Please turn this form in at the staff table to be forwarded to the Chairman. Please step to the podium as soon as you are recognized by the Chairman and state your name and address before beginning your presentation. If you have written notes or other material you wish to present to the Chairman and Commission, please furnish an extra copy for the official files. Name: Address: �4a 'RoNatAnE I,R City /State /Zip: Telephone Number (s): Regarding Agenda Item No. Subject: P & Z. Meeting Date: l,g ()Against Comments: (Use back if necesnsary) ® Lod ion ideal +9r Ci[1c [ 1� e laeel>l. Por addilOno-1 adalwe in Aniv2 (wish to address the Chairman and Commission Members. (PLEASE LIMIT COMMENTS TO 3 MINUTES) () I do not wish to address the Chairman and Commission Members, but do wish to register my opinion. OPINION / SPEAKER REGISTRATION FORM Welcome to the Planning and Zoning meeting. Your presence and participation are appreciated. You may make your opinion known on an issue and/or register to speak to the Chairman and Commission Members. Please turn this form in at the staff table to be forwarded to the Chairman. Please step to the podium as soon as you are recognized by the Chairman and state your name and address before beginning your presentation. If you have written notes or other material you wish to present to the Chairman and Commission, please furnish an extra copy for the official files. Name: .2LA,:jjq k) MH ac,4A&Jh Address: Q �J � Telephone Number (s): _'4� 1 ` sD 7241 Regarding Agenda Item No. J5 P & Z Meeting Date:I S u bj ect: (j For ()Against Comments: (Use back if necessary) () I wish to address the Chairman and Commission Members. (PLEASE LIMIT COMMENTS TO 3 MINUTES) () I do not wish to address the Chairman and Commission Members, but do wish to register my opinion. THE CITY OF 1�M Aftfta NOTICE OF PUBLIC HEARING FOR PROPOSED ZONING CHANGE The Planning &Zoning Commission (P&Z) of the City of Anna will hold a public hearing on Monday. November 4, 2019, at 7:00 Vim., in the Council Chambers of Anna City Hall at 111 North Powell Parkway. State law requires that cities notify all property owners within 200 feet of any proposed zoning change. For this reason, we are sending you this notice. PROPOSED ZONING CHANGE: Request to rezone 2.9 acres located at the southwest corner of Leonard Avenue and Sharp Street from Planned Development -Single -Family Residence- 60/Single-Family Townhome (PD-SF-60/SF-TH) to Planned Development -Restricted Commercial District (PD-C-1) with modified development standards. A PD is intended to provide for combining and mixing of uses allowed in various districts with appropriate regulations and to permit flexibility in the use and design of land and buildings in situations where modification of specific provisions is not contrary to its intent and purpose or significantly inconsistent with the planning on which it is based and will not be harmful to the community. A PD district may be used to permit new and innovative concepts in land utilization. While great flexibility is given to provide special restrictions, which will allow development not otherwise permitted, procedures are established herein to insure against misuse of the increased flexibility. The C-1 district is established to accommodate the shopping needs of residents in adjacent residential areas. This district is meant to be used in limited areas, where retail or service establishments deal directly with customers. Businesses in the C-1 district should be oriented to satisfying the daily and frequent shopping needs of the neighborhood consumer. CURRENT ZONING: The existing zoning is PD-SF-60/SF-TH. The SF-60 district is designed to accommodate sing(e-family residential development on relatively ample lots. The district can be appropriately located in proximity to agricultural and single-family residential uses. The SF-TH district is designed to provide for a medium density residential environment of attached townhome units. Persons wanting more information should contact the Planning and Development Department at (972) 924-2616. You are not required to attend this hearing, but if you do attend, you will be given the opportunity to speak for or against the change. APPLICANTS AND/OR AGENTS ARE EXPECTED TO ATTEND. Please circle one: In favor of request Neutral to request pposed to request Comments: FMIUMMUMA By signing this letter, I declare I am the owner or authorized agent of the property at the address written below. ScJSgl) AP. X 10Z,042 Name (Please Print) y �� Signature Address Date Please return form to: City of Anna Planning and Development Department POB 776 (3223 N. Powell Parkway, if hand delivered) Anna, TX 75409 P.O. Box 860358' Plano, TX 75086-0358 Planning & Zoning Meeting 12/2/19 HI, 1 am Bruce Norwood and I live at 1133 Elizabeth Street, Anna in the Anna Town Square subdivision. Unfortunately, I am not able to attend the P & Z Meeting this evening. I do favor the zoning change to Commercial 1 and in favor of the Children's Lighthouse Child Care facility. My reasons for supporting are: 1. Knowing that Leonard &Sharp will both be four lanes and a major intersection this business is a much better fit for a commercial corner in a neighborhood than a 7-11, Circle K or any business that will add a high number of vehicles there early mornings and late at night. 2. Childcares are in need in Anna. There presently are three childcare facilities in Anna and one in Melissa that make up the Hwy 5 corridor. With the expansion in home builds, population and businesses the city needs to be looking at expanding these types of businesses. Rejection of one will lead to non - consideration of future franchise holders for these types of businesses. 3. The childcare facility is a perfect fit for a light commercial intersection. The location next to Harlow Elementary School is a perfect place for this business, the school and its users. a. A parent that drops off a student at Harlow Elementary and has a younger child can now do both stops on one drive and easy access for both of their children. b. The childcare facility could also watch elementary children after school without the need of a bus to transport the children due to the convenience to the school. c. The future build out to over 1000 homes in Anna Town Square and the childcare only being licensed to 230 children means that the largest portion, if not all, of their children will be from the neighborhood and add no incremental traffic. • These three points will go AGAINST any increase in traffic in the neighborhood due to the childcare operating that you will undoubtedly hear tonight. • I was at the HOA meeting and heard many neighbors' complaints and concerns about this zoning change. However, when I listened to what the neighbors were saying ... a high percentage (80% or more) were issues they have with the developer. The frustrations of the developer were responsible for over 60% of the time spent in that long meeting that evening. I once again fully support the rezoning of this property for C-1 and to be used for the Children's Lighthouse Childcare facility at that location. It will be good for ANNA It will be good for Anna Town Square It will be good for the parents of Harlow Elementary �" "O III w t f, *E 1 Welcome to the Planning and Zoning meeting. Your presence and participation are appreciated. You may make your opinion known on an issue and/or register to speak to the Chairman and Commission Members. Please turn this form in at the staff table to be forwarded to the Chairman. Please step to the podium as soon as you are recognized by the Chairman and state your name and address before beginning your presentation. If you have written notes or other material you wish to present to the Chairman and Commission, please furnish an extra copy for the official files. Name: Address: C�2 C�? l) /%U-enio�i City / State / Zip: //dI i9 &�z N �/ 5q0 Telephone Number (s): y' )� lPS � 137� Regarding Agenda Item No. S/4 Subject: OFor (Against Comments: (Use back if necessary) (v'j I wish to address the Chairman and Commission Members. (PLEASE LIMIT COMMENTS TO 3 MINUTES) () I do not wish to address the Chairman and Commission Members, but do wish to register my opinion. PROPERTY OWNER RESPONSE FORM A Ifavorthe proposed zoning change. oppose the proposed zoning change. ❑ I have no opinion regarding the proposed zoning change. Reasons) for above Addres�(Str�a)47Jip) Please return form to: City of Anna Planning and Development Department POB 776 (or 3223 N. Powell Parkway, if hand delivered) Anna, TX 75409 Or bring form to public hearing (meeting time and place attached) Children's Lighthouse PD Zoning Change (SW Corner of Sharp St &Leonard Ave) OPINION / SPEAKER REGISTRATION FORM Welcome to the Planning and Zoning meeting. Your presence and participation are appreciated. You may make your opinion known on an issue and/or register to speak to the Chairman and Commission Members. Please turn this form in at the staff table to be forwarded to the Chairman. Please step to the podium as soon as you are recognized by the Chairman and state your name and address before beginning your presentation. If you have written notes or other material you wish to present to the Chairman and Commission, please furnish an extra copy for the official files. Name: Address: CJ�',� J--pceVP,r�S K-_ ) City/State/Zip: ennn Telephone Number (s): j''jc,�L'�co.' Regarding Agenda Item No Subject: Comments: (Use back if necessary) .J, P & Z Meeting Date: Against Wu 1ess the Chairman and Commission tubers.G-..�_ (PLEASE LIMIT COMMENTS TO 3 MINUTES) () I do not wish to address the Chairman and Commission Members, but do wish to register my opinion. Ashley Stathatos From: Bradley Duncan <bradley.duncan@annaisd.org> Sent: Thursday, January 9, 2020 1:50 PM To: Ashley Stathatos <astathatos@annatexas.gov>; John Arnold <iarnold@skorburgcompany.com> Cc: Ryan Henderson <RHenderson@annatexas.gov> Subject: Re: Lighthouse Comments A few weeks/months ago- @Oct/Nov 2019 Ryan Henderson and I discussed the plan for Children's Lighthouse to come in beside Harlow Elementary. I was asked about the general opinion of the school with regards to having a daycare next door. My opinion and the general opinion of the district were the following: Commercial properties next to school building would need to be carefully planned- Child friendly businesses such a service industry, child care facilities, doctors or medical offices would be preferable. Other commercial uses would be discouraged- high traffic businesses (gas stations, fast food, manufacturing etc...) these type of business may be less kid friendly environments. A request was made to tie into the AISD driveway to reduce entry drives onto Leonard- AISD was opposed to this, as our traffic pattern for pick up would be disrupted and it parents would likely use the new drive for school traffic. AISD traffic with Harlow Elementary is busiest from 7:15-8:00 and 3:30-4:15. Outside of those hours there are usually no back ups or problems. AISD would help control and facilitate traffic patterns for school traffic during these times. AISD has planned for the addition of Middle School #2 in the upcoming 3-5 years. This campus is planned for the land south of Harlow along Leonard Drive. Elementary schools and Middle Schools have different school times and it is expected that high school traffic times will extend (7:15-8:30 AM) and (3:30-4:45). Also, additional developments in the area will increase traffic counts and patterns. Would a childcare facility conflict with school traffic? My opinion is not really- Most people who use child care would drop of children between 6:30-8:30 AM then they would normally pick up after 5:00 PM when they get home from work. This was my general recollection of the conversation and opinions I shared with Ryan Henderson in regards to development of the area and the Children's Lighthouse. Thanks, Brad Dr. Bradley Duncan Ed.D Assistant Superintendent Anna ISD Operations Ph. #972-924-1022 e-mail bradley.duncan@annaisd.org CITY OF ANNA, TEXAS ORDINANCE NO. (SW Corner of Sharp St and Leonard Ave Zoning Change from Residential Planned Development to a revised, Commercial Planned Development.) 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 representative for the owner of the property described in Exhibit A attached hereto, Carrillo Engineering, LLC, has requested a certain zoning for said property; and WHEREAS, the Planning and Zoning Commission of the City and the City Council of the City of Anna have given the requisite notices by publication and otherwise and have held the public hearings as required by law and afforded a full and fair hearing to all property owners and generally to all persons interested in and situated in the affected area and in the vicinity thereof, the City Council of the City of Anna has concluded that the Zoning Ordinance of the City of Anna should be amended as follows: NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: Section 1. The Comprehensive Zoning Ordinance of the City of Anna, Texas, is amended by changing the zoning of the tract described in Exhibit A, attached hereto and made an integral part of this ordinance, from a Residential Planned Development to a new, Commercial Planned Development zoning. Section 2. All regulations pertaining to the Restricted Commercial (C-1) with the development regulations as specified by the Development Standards (Exhibit B) or amended shall be applicable to this Tract. Section 3. The official Zoning Map of the City of Anna shall be corrected to reflect the change in zoning described herein. Section 4. All ordinances of the City of Anna in conflict with the provisions of this ordinance are repealed to the extent of that conflict. Section 5. This Ordinance shall take effect immediately from and after its passage and the publication of the caption of said ordinance as the law in such case provides. PASSED by the City Council of the City of Anna, Texas, this 14" day of January, 2020. ATTESTED: APPROVED: City Secretary, Carrie L. Smith Mayor, Nate Pike Exhibit "A" BEING 2.880 acres of land situated in the GRANDISON STARK SURVEY, Abstract No. 798, Anna, Collin County, Texas, and being comprised of a portion of the tract of land identified as "Tract 1" in the deed conveyed to Anna Town Center No. 4/SHRP, Ltd., by the deed recorded in County Clerk File Number D217028360, of the Official Public Records of Collin County, Texas, and part of the prescriptive right -of- way for County Road 422 (to be abandoned by this plat). Said 2.880 acres of land being more particularly described by metes and bounds as follows: BEGINNING at a/2' iron rod found at the Southeast corner of Lot 1, Block 1, Anna Crossing Amenity Center Addition to the City of Anna, according to the plat recorded in County Clerk's Document Number 20161110010004620, of the Official Public Records of Collin County, Texas, and said point lying in the North boundary line of Lot 1, Block 1, Anna Elementary No. 3, an addition to the City of Anna, according to the plat recorded in County Clerk's Document Number 20180416010001620, of the Official Public Records of Collin County, Texas; THENCE along the East boundary line of said Lot 1, Block 1, Anna Crossing Amenity Center Addition, and severing said Anna Town Center No. 4/SHRP, Ltd. tract, asfollows: 1. N 00' 35' 02" E 115.59 feet, to a''/2" iron rod marked "GLAS", found at the beginning of a curve to the left; 2. NORTHWESTERLY 47.89 feet, along said curve to the left, having a radius of 64.00 feet, a central angle of 42' 52' 22", and a chord bearing N 20' 50' 23" W 46.78 feet, to a''/2' iron rod marked "GLAS" found at the end of said curve; 3. N 42' 15' 48" W 77.55 feet, to a %" iron rod, found in the new South right-of-way line of Sharp Street (a 60 foot wide public right-of-way), and said point lying in a curve to the right; THENCE along the new South right-of-way line of said Sharp Street, and severing said Anna Town Center No. 4/SHRP, Ltd. tract, asfollows: NORTHEASTERLY 355.33 feet, along said curve to the right, having a radius of 470.00 feet, a central angle of 43' 19' 01 ", and a chord bearing N 73' 45' 44" E 346.93 feet, to a%" iron rod, found at the end of said curve; 2. S 84' 34'46" E 128.60 feet, to a MAG nail found; 3. S 40' 1 D' 55" E 14.26 feet, to a %" found, at the intersection of the new South right-of-way line of said Sharp Street with the West right-of-way line of Leonard Avenue (a 120' wide public right- of - way), and said point lying in a curve to the left; THENCE along the West right-of-way line of said Leonard Avenue, asfollows: SOUTHWESTERLY 98.88 feet, along said curve to the left, having a radius of 1660.00 feet, a central angle of 03" 24' 46", and a chord bearing S 02' 19' 34" W 98.87 feet, to a/4' iron rod, found at the end of said curve; S 00' 37' 1 O" W 176.93 feet, to a %" iron rod marked "4838", found in the South boundary line of the aforesaid Anna Town Center No. 4/SHRP, Ltd. tract, and said point lying in the North right-of-way line of the aforesaid prescriptive right-of-way for County Road 422 (to be abandoned by this plat); S 00' 27' 50" W 18.33 feet, to a'/2" iron rod found marked "SPRY", found at the Northeast corner of the aforesaid Lot 1, Block 1, Anna Elementary No. 3; THENCE N 89' 30' 50" W 396.64 feet, along the North boundary line of the aforesaid Lot 1, Block 1, Anna Elementary No. 3, to the POINT OF BEGINNING containing 2.880 acres (125,464 square feet) of land. Exhibit "B" Planned Development Standards 1.01 Parking A) The 5 stacking spaces for a pick-up lane will not be required since there is no pick-up lane proposed on the Concept Plan or Site Plan. 1.02 Landscaping A) A landscape island will not be required along the easternmost row of parking for the Day Care Site. 1.03 List of Acceptable Uses A) Lot 1, Block 1 of the proposed Children's Lighthouse Addition Minor Plat will be restricted to the specific use of a Day -Care or other child-care use. B) Lot 2, Block 1 of the proposed Children's Lighthouse Addition Minor Plat will be restricted to the following Commercial C-1 uses. ■ Child -Care Center ■ Health Club; Gymnasium ■ Nursery School, Kindergarten ■ Park, Playground, or Private Rec Center ■ School, private or public, primary and/or secondary ■ Bakery and confectionery, retail sales ■ Clinic, medical or dental ■ Florist ■ Gymnastic or Dance Studio ■ Racquetball facilities ■ Tanning Salon Exhibit "C" Concept Plan /.,, 4i.. I a e$ p Y \ III 1_0 11 � 8 1 -III Rtl Y `Pi FY6� IL @ ,L � I �3 L L1 5 ram— lil Ili I i Ii ilgs4�L I ^y �g I LY� T T �i 1 I, -37�x 4 I bx +mor nin c <rrc a V /..,.��✓ g` - nyf --_ f I -- --------- -------- d -. —. - -- -- _----------- fop u zmmU y aK zA y = oa - 3�4 FFQ m m z N� 0 rii 2 O ��uv N�Oz�O G)M �, gqe zmrnz yti o Ram `'°ppNr.� � m v�i CONCEPT SIIE PLAN CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE CHILDREN'S LIGHTHOUSE ADDITION, BLOCK 1, LOTS 1 & 2, CONCEPT PLAN WHEREAS, in order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the "City Council") has adopted Article 9.04 of the Anna City Code of Ordinances ("Zoning Ordinance"); and WHEREAS, Carrillo Engineering, LLC has submitted an application for approval of the Lighthouse Addition, Block 1, Lots 1 & 2, concept plan; 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 Concept Plan. The City Council hereby approves the Children's Lighthouse Addition, Block 1, Lots 1 & 2, concept plan attached hereto as Exhibit 1. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 14t" day of January 2019. ATTEST: APPROVED: City Secretary, Carrie L. Smith Mayor, Nate Pike EXHIBIT 1 0`1 � I S PGA C) 6P0=13030'Q3— — — — L= 110.7 5' ANNA TOWN CENTER NO. 4/SHRP, LTD. CH=N 88'40' 13"E 20140.P.R.C.C.T. I 110.49 I EX 12" WATER wW W W / w w w _ / — —_—w EX 1 _ w � w ANAMC,NA CROSSING A TD W W " WATER w / 20140724000770380 — — — _ �\ W O.P.R.C.C.T. — 0 — PROPOSED / A-43 19 01 ' EWALK NA CROSSING AMC, LTD R=470.00' PROPOSED EX�7' RCP EX 36�=p L=355.33' 4 SID CONCRETE 1 PAVEMENT 20141007001096130 — / O.P.R.C.C.T. SHARP STREET CH=N 73045'44"E 1 30' _ _ _ _ _ 252' (60' WIDE PUBLIC RIGHT-OF-WAY) 346.93' . — — — ss SS E PROPOSED �1% / S C L � FORCE MAIN � Ftti } A=29048'59" �— ss SANITARY SEWER / CONCRETE R=470.00 / EASEMENT PAVEMENT ' / S � � l�U.0 0010 55 E L=244.58' PR SED / s FORG�Mp�N AF boa— L ---------------------------_____ S 14.26' L SIGN CH=N 67'00'42"E 4' SIDEWALK i I t — 1 — — — � ANDSCAP BOTTOM `OF BOX 706.08 — — � q TI 241.83' / , LS I LS LS E BUFFER / EXISTI Z��EXISTING SIDEW LK vGRATE INLET,Z /PQ�O I — — — , — — — — — — — 4 ' B — RAP FL=X4.83 / CONCRETE Cj — — — LDI T P OF GRATE-7 31 I 6 SIDEWAL PAVEMENT o NQS I _ �—EL _ — — G ETBACK / 0 /� I I I II _ — —' / z m ca CON E — — — — — — — — — — — �y\ 0 I'D —IIom G� 2 I 2 NV/\ — —/ LLUU » o 2 2 m EXISTING �`�Q�NG I 6 o 1LU g� g I I POR H Q I LSo Z X Q ��1 \ W 4 1 co 3 Exir 1 N N W I LOT 1, BLOCK 1 I o CHILDREN'S LIGHTHOUSE ADDITION I-w � 1.762 ACRES I LS 0 7 LS C I W (76,738 SQUARE FEET) ss, I co �77 I ❑ CHILDCARE FACILITY I tr I A m POTENTIAL FUTURE BUILDING ❑ PROPOSED 11,308 SF 1 STORY 5 I a_ 5,400 SF 1 STORY I I ❑ FFE=715.25 25' BUILDING OZ 0'\ 1.0 ACRES C) ❑ W PROPOSED LAND USE=RETAIL I �' El❑ T A FORIME SETBACK rWa ° I ❑ m 1 0� o EXIT x 0 EXIT EXIT 0=42c'52'22" R— 64.00' DO G��S L=47.98' LS ��\GO P P�� G� N��p. I d I CH=N 20'50923 W �� N 46. 78' w ��0 ��0 OF g05 I I —LU � QO�� p� G� I I \ I m � G�� oQ ��' �I , �I I � I w ��P 0 ID 0 a I� I w O a_ wl PROPOSED OUTDOOR f 1 ��.� P I V m I\ ml PLAY AREA PLAY AREA (18,329 SF) o pa a I I a LS LO 'DDI G G LS z l Z I 7 TELNDE GRONE �ND T oSS 1� e c' Q I Q S GRAVI s 0=3'2 '46" R=16 0.00' L=9 .88' CH=S 02 19'34" 98. 7' G� V 0 \� O J I J I SOUTH PROPERTY LINE OF TRACT 1 GRATE IN r _ EX 18 RCP �� PROPOSED 6' MASONRY FENCE. o o TOP OF GRATE 134 ANNA TOWN CENTER No. 4/SHRP, LTD. 18" RCP FL=7 0. P I PER CITY STANDARDS — — — I I DOC. No. 2014-38965 I` L20' LANDSCAPE BUFFER O.P.R.C.C.T. TA PT is VIE o 8" WATER 00 a W -- W -- I � WATE VALVE TOP= 71'2. WO 0 0 2 7' 5 ryo �(� -pT—y o+� �ry �'�''��j—�y-� ry-/�� 0/NU 712.71 I ------N"-8e7 3V�V'� 1-a�64------------------- \ -- J�JV t► �v`t VVL-------�XdDER6 N --1= rI18.33' LT � o0 PROPOSED 6' MASONRY FENCE. 18" RCP PER CITY STANDARDS 3 FL=709.71 EX 18" R P CONSTRUCTION SCHEDULE O HANDICAP RAMPS, BFRs PER CITY STANDARDS AND SPECS. O HANDICAP SYMBOL O HANDICAP SIGN O4 4' SIDEWALK O 4" WHITE TRAFFIC STRIPING O WHEEL STOP O DUMPSTER WITH 7' MASONRY ENCLOSURE PER CITY REQUIREMENTS. EX SIDEWALK PROPOSED 5' WALL MAINTENANCE EASEMENT 24' RC FL=709.92 18' RCP EXISTING 124" RC SIDEWALK FL=709.92 I II C I3: 0 15 30 60 ( IN FEET ) 1 INCH = 30 FT LOCATION MAP N.T.S. SITE DATA SUMMARY TABLE LOT 1 LOT 2 EXISTING ZONING PLANNED DEVELOPMENT PLANNED DEVELOPMENT COMMERCIAL COMMERCIAL PROPOSED LAND USE CHILDCARE CENTER RETAIL LOT AREA (GROSS) 1.762 ACRES (76,738 SQ FT) 1.118 ACRES (48,725.637 SQ FT) BUILDING SIZE 0.25 ACRES (11,308 SQ FT) 0.12 ACRES (5,400 SQ FT) 1 STORY, 35'-11" TOTAL BUILDING HEIGHT HEIGHT (15'-9" MEDIAN ROOF 1-STORY HEIGHT) PARKING REQUIRED (1 PER 5 PUPILS, TOTAL (1 PER 250 SF) 22 SPACES PUPILS=231 ) 47 SPACES PARKING PROPOSED 47 SPACES 27 SPACES PARKING PROVIDED (ACCESSIBLE) 2 SPACES 2 SPACES OUTDOOR PLAY AREA REQUIREMENT PROVIDED (65 SF PER CHILD, TOTAL 18,329 SF N/A REQUIRED 15,015 SF) OWNER: I� ANNA TOWN CENTER NO. 4/SHRP, LTD IQ 8214 WESTCHESTER DRIVE, SUITE 710 DALLAS, TX 75225 � PHONE: (214) - 522-4945 w EMAIL: JARNOLD@SKORBURGCOMPANY.COM CONTACT. JOHN ARNOLD APPLICANT BY: Carrillo Engineering CARRILLO ENGINEERING, LLC TEXAS BOARD OF PROFESSIONAL ENGINEERS REGISTRATION NO. F-15893 301 COMMERCE STREET, SUITE 1410 FORT WORTH, TEXAS 76102 PHONE NO.: 817-697-4996 CONTACT: ANNA C. BLACKWELL, P.E. N O t` o b � a� U ;-4 o O U G� i-1 � o U U c O �IC Q� U ww o° •L U UIU PRELIMINARY NOT FOR CONSTRUCT/ON THIS DRAWING IS SUBMITTED FOR REVIEW PURPOSES ONLY, IT IS NOT INTENDED FOR PERMITTING OR BIDDING ENGINEER OF RECORD. ANNA C. BLACKWELL, P.E. 7X REG. NO.97350 O A A O � x a lei dl � W04 w�� AZV U x O >J U c O I� Issue Dates: 07-22-2019 07-29-2019 00 C O a� CONCEPT CHILDREN'S LIGHTHOUSE ADDITION BLOCK 1, LOTS 1 & 2 1.762 ACRES Scale: AS SHOWN THE GRANDISON STARK Drawn By. AO SURVEY & ABSTACT NO. 798 Checked By. ALC OCTOBER 22, 2019 PROJECT BENCHMARK: Sheet BOX CUT ON CENTER OF 6.5' CURB INLET AT ��_� WEST CURB OF LEONARD AVENUE ±50 SOUTH OF THE CENTERLINE OF SHARP STREET ELEV=710.42 DRAWN BY: K.R.G. CHECKED BY: R_P DATE: 06.27.2019 A514PHALT 5HIN6LE5, GAF - ELK (30 YEAR) COLOR : WEATHERWOOD OVER I LAYER ICE & WATER SHIELD ON 5/8" TECH -SHIELD RADIANT BARRIER DECKING HARDIE TRIM WINDOW HEAD (TYPJ 3/4" PORTLAND CEMENT STUCI COLOR: 5W 6141 SOFTER T, AUSTIN STONE OR EQUAL NORTH ELEVATION LOUVERED ATTTIC VENT (V WIDE AT BASE) LOUVERED ATTTIC VENT (V WIDE AT BASE) pw V illill — pa-1 P - kw— " 5TANDIN6 SEAM MTL. ROOF T PANEL BY BERRI06E OR EQUAL (COLOR - DEEP RED) MATTE FIN15H ALL SEASONS 860 SERIES FIXED WINDOW OR PLY&EM 1100 SERIES FIXED WINDOW CLEAR ANODIZED FINISH OR APPROVED EQUAL 5/4" PORTLA14D CEMENT STUCCO COLOR: 5W 6141 SOFTER TAN MILLED BEAM END I" STANDING SEAM MTL. ROOF T PANEL BY 5ERRID6E OR EQUAL (COLOR - DEEP RED) MATTE FINISH 6 X 12 WOOD BEAM 4 X 8 EXPOSED RAFTER5 ALL SEASONS OR PLY6EM FIXED WINDOW CLEAR ANODIZED FINISH OR APPROVED EQUAL OPTIONAL WROUGHT IRON FENCE (REF: A-1.0 FOR (SATE PLACEMENT) AUSTIN STONE OR EQUAL EAST ELEVATION c PREFABRICATED LIGHTHOUSE TOP AT BASE) PORTLAND CEMENT STUCCO COLOR: SH 6141 SOFTER TAN �p �110 i� 4 PREFABRICATED L16HTHOU5E TOP 120 MPH WIND LOAD BY A/& 6LA55 d MIRROR, INC. CONTACT : DAN QUANBECK OR KRI5TAN PH. NO. - (503) 318-0863 NOTE: MANUFACTURER NEEDS TO ENSURE WINDOWS ARE SEALED EFFECTIVELY TO PREVENT AIR FROM LEAKING IN OR OUT. 6:EraQ ASHPHALT SHINGLES, GAF - ELK (50 YEAR) COLOR: AEATHER10012 OVER I LAYER ICE S WATER SHIELD ON 5/8" TEOH-SHIELD RADIANT BARRIER DECKIN6 i NOTE: CONTRACTOR WILL NEED EQUIPMENT AVAILABLE TO UNLOAD THE LIGHTHOUSE FROM THE DELIVERY TRUCK. THE LIGHTHOU5E WILL BE DELIVERED ON A SKID. STONE WATER TABLE NOTES: I. PROVIDE AUSTIN STONE OR EQUAL AS DIRECTED BY CHILDRENS LIGHTHOUSE. CONTRACTOR SHALL ADJUST DETAILS ACCORDIN6 TO THE SIZE OF STONE USED. 2. CHECK TO SEE IF WINDOWS (IF ANY) ARE TO BE COVERED WITH REFLECTIVE BLACK -OUT FILM TO BE SELECTED BY OPMR. 5. PROVIDE EXTERIOR L16HTIN(S AT ENTRY AS SEAGULL L16HTIN6 ITEM 8Q2'1-15E SINGLE LIGHT PIEDMONT FLORESCENT WALL LANTERN HmAaogvIIIIghting. mn WALL LANTERNS OUTDOOR LI(SHTIN(S P6. 23 PREFABRICATED L16HTHOU5E TOP I" 5TANDIN6 SEAM MTL. ROOF T-PANEL BY BERRIDGE OR EQUAL (COLOR - DEEP RED) MATTE FINISH — STUCCO FINISH 5W 6141 SOFTER TAN 3.5:12 4. STANDING SEAM METAL ROOF OPTION - ALL SABLES, EAVES, GUTTERS, RIDGE ROWS, TRANSITIONS, TRAN51TION TRIM AND VALLEY FLASHING TO BE FROM SAME MANUFACTURER. COLOR TO BE NEUTRAL AND SUBMITTED TO FRANCHISE HEADQUARTERS FOR APPROVAL. 5. CONTRACTOR WILL PROVIDE ROOFING VENTILATION OPTIONS. CHILDRENS LIGHTHOUSE FRANCHISE 15 TO APPROVE SELECTION. 6. STUCCO COLOR: SHERWIN WILLIAMS: SW 6141 SOFTER TAN 2 ISSUED FOR PERMIT: ISSUE FOR PRICING: ISSUE FOR CONSTRUCTION REVISIONS: m IL 0 ?i ",iM m n.. Q Zcl)LLJ ~ W D Z Q Z O Q Q U C� ce � D- ce - i I� Q N J SHEET DESCRIPTION EXTERIOR ELEVATIONS SHEET NO. A-4.1 00 a 0 0 I" STANDING SEAM MTL. ROOF T-PANEL BY BERRIDGE OR EQUAL (COLOR - DEEP RED) MATTE FIN15H ALL SEASONS 660 SERIES FIXED WINDOW OR PLY&EM 1100 SERIES FIXED WINDOW CLEAR ANODIZED FIN15H OR APPROVED EQUAL 3/4" PORTLAND CEMENT STUCCO COLOR: SW 6141 SOFTER TAN STANDING SEAM METAL ROOF T-PANEL BY BERRIDGE OR EQU MATTE FINISH -- STONE HATER TABLE AUSTIN STONE OR EQUAL — 3/4"PORTLAND CEMENT 5TUCCO COLOR: SW 6141 SOFTER TAN SOUTH ELEVATION T AUSTIN STONE COLUMN - STONE GAP ALUM. ENTRY DOOR — (STOREFRONT - CLEAR ANODIZED) BUILDING MATERIAL TABLE BY S.F./ % ELEVATION STONE (5.F./ %) STUCCO (5.F./ %) SOUTH ELEV. 631 5.F./ 65% 344 5.F./ 35% NORTH ELEV. 525 S.F./ 51% 'I15 5.F./ bq% EAST ELEV. 216 5.F./ 55% 266 S.F./ 4-7% NEST ELEV. 552 S.F./ 41% 494 S.F./ 59% TOTAL BUILDING S.F)%: 1615 S.F./ 41% 1552 S.F./ 55% A5HPHALT SHINGLES, GAF - ELK (30 YEAR COLOR : WEATHERWOOD OVER I LAYER ICE $ WATER SHIELD ON 5/5" TECH -SHIELD RADIANT BARRIER DECKIN6 WEST ELEVATION 12 6 PREFABRICATED LIGHTHOUSE TOP LOUVERED ATTTIG VENT (10' WIDE AT BASE) 3/4" PORTLAND CEMENT STUCCO COLOR: 5W (2141 SOFTER TAN PRO-EGTED STONE BAND � i X 12 WOOD BEAM HARDIE TRIM DECORATIVE LIGHT FIXTURE 2 X 6 WOOD FASCIA TYPICAL X 6 WOOD KING POST =a-Bwl _ 5.5:12 - — — — — - — _ _ p DECORATIVE LIGHT FIXTURE TYPICAL PREFABRICATED LIGHTHOUSE TOP 120 MPH WIND LOAD BY A/& GLASS $ MIRROR, INC. CONTACT: PAN 0UAN5ECK OR KRISTAN PH. NO. - (505) 318-0863 NOTE: MANUFACTURER NEEDS TO ENSURE WINDOW5 ARE SEALED EFFECTIVELY TO PREVENT AIR FROM LEAKING IN OR OUT. ■■■ 1 FEE ME FEW EN ■■■ C STONE WATER 5/4" PORTLAND CEMENT STUCCO COLOR: SW 6141 SOFTER TAN OVERFRAMING TRUSSEE, I A-5.1 LOUVERED ATTTIC VENT (6' WIDE AT BASE) — —��—I _ _ NOTE: CONTRACTOR WILL NEED EQUIPMENT AVAILABLE TO UNLOAD THE LIGHTHOUSE FROM THE DELIVERY TRUCK. THE LIGHTHOUSE WILL BE DELIVERED ON A SKID. A514PHALT 5HIN6LE5, 6AF - ELK (30 YEAR) COLOR : V`EATHERWOOD OVER I LAYER ICE 8 WATER SHIELD ON 5/5" TECH -SHIELD RADIANT BARRIER DECKING OPTIONAL WROUGHT IRON FENCE (REF: A-1.0 FOR SATE PLACEMENT) STONE WATER SCALE:9/1(r=1'4Y 1 1 V STANDING SEAM MTL. ROOF T-PANEL BY BERRASE OR EQUAL (COLOR - DEEP RED) MATTE FIN15H _L SEASONS 560 SERIES FIXED WINDOW OR PLYGEM 1100 5ERIE5 FIXED WINDOW OR APPROVED EQUAL CLEAR ANODIZED FINISH 5/4" PORTLAND CEMENT STUCCO COLOR: 5W 6141 SOFTER TAN BEAMS HARDWAIRE THROUGH SECURITY 5Y5TEM COMPANY. SSE PROCARE SOFTWARE I-500-964-1129 KNOX BOX AUSTIN STONE COLUMN SCAL@ 9)19'-1'4Y I 2 NOTES: I. PROVIDE AUSTIN STONE OR EQUAL 4. STANDING SEAM METAL ROOF OPTION - ALL GABLES, EAVE5, AS DIRECTED BY CHILDREN5 LIGHTHOUSE. CONTRACTOR SMALL GUTTERS, RIDGE ROWS, TRANSITIONS, TRANSITION TRIM AND ADJUST DETAILS ACCORDING TO THE SIZE OF STONE USED. VALLEY FLASHING TO BE FROM SAME MANUFACTURER. COLOR TO BE NEUTRAL AND SUBMITTED TO FRANCHISE 2. CHECK TO SEE IF WINDOW5 OF ANY) ARE TO BE COVERED WITH HEADOUART9R5 FOR APPROVAL. REFLECTIVE BLACK -OUT FILM TO BE SELECTED BY OYCER. S. PROVIDE EXTERIOR LIGHTING AT ENTRY AS SEAGULL LIGHTING S. CONTRACTOR WILL PROVIDE ROOFING VENTILATION OPTIONS. ITEM 892T-ISE SINGLE LIGHT PIEDMONT FLOURE56ENT CHILDRENS LIGHTHOUSE FRANCHISE 15 TO APPROVE SELECTION. WALL LANTERN 6. STUCCO COLOR: SHERWIN WILLIAMS: SW 6141 SOFTER TAN wwwso IIIIghtIngaom WALL LANTERNS OUTDOOR LIGHTING P6. 25 DRAWN BY: K.R.G. CHECKED BY: R.P.G. DATE: 06.27.2D19 ISSUED FOR PERMIT: ISSUE FOR PRICING: ISSUE FOR CONSTRUCTION: REVISIONS: m Jw 0 m 3 N ° 0 L W r n.. `co W x Z v! W D Q Z O Q Q U C'� a f Q = / mi 06.27.2D19 SHEET DESCRIPTION EXTERIOR ELEVATIONS SHEET NO. A-4.0 THE CITY OF Anna AGENDA ITEM: Item No. 11. City Council Agenda Staff Report Meeting Date: 1 /14/2020 a. Conduct a public hearing to consider public comments on the Preliminary Replat for Anna Town Center Addition, Block A, Lots 6R, 9, 10, & 11. (Director of Development Services Ross Altobelli) b. Consider/Discussion/Action on a Resolution approving the Preliminary Replat, Anna Town Center Addition, Block A, Lots 6R, 9, 10, & 11. (Director of Development Services Ross Altobelli) SUMMARY: Four vacant lots on 38.9 ± acres located at the southeast corner of U.S. Highway 75 and Hackberry Drive. Zoned Planned Development-648-2014-General Commercial (PD-648-2014- C2). Strategic Connection This items supports the City of Anna Strategic Plan, specifically advancing: Goal 2: Sustainable Anna Community Through Planned, Managed Growth STAFF RECOMMENDATION: Recommended for approval as submitted. ATTACHMENTS: Description Location Map Resolution w/ Exhibit Upload Date Type 1 /7/2020 Backup Material 1 /7/2020 Resolution CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A PRELIMINARY REPLAT FOR ANNA TOWN CENTER, BLOCK A, LOTS 6R, 9, 10, AND 11. WHEREAS, In order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the "City Council") has adopted Article 9.04 the Anna City Code of Ordinances ("Zoning Ordinance"); and WHEREAS, Q Seminole Anna Town Center, has submitted an application for approval of a preliminary replat for Anna Town Center, Block A, Lots 6R, 9, 10, and 11; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval of Site Plan The City Council hereby approves the preliminary replat for Anna Town Center, Block A, Lots 6R, 9, 10, and 11 attached hereto as Exhibit A. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 141 day of January 2020. ATTEST: APPROVED: City Secretary, Carrie L. Land Mayor, Nate Pike 1-' IRFC I 10-D.E. ' (GEER -117) I VOL. 019, PG. 776 --� I P.R.C.C.T. V.A.M. \� - B.L- �� j --'IRFC VOL. 019, PG. 776 "KHA" P.R.C.C.T. /y S 3 0 "E "KHA" o b - `nCj 4LO --'IRFC -- IRFC 1 00. ❑7 O �y'� lQ.. / ..KHA„ Q "KHA" I --'IRFC o Cif "KHA" >- LL - -/ Q 2 2 u W -= U _O 2❑� w,UI C� m Lu a a Q Q O zO I CALLED .06uACRE I STATE OF TEXAS INST. NO. F0170 06000-r-Or-60 R.P.R.C.C.T. I I S 9 0 9" E - ❑9.1 I oV IRFC "KHA" o /- --- �`� - - _ - ELECTRIC AND ACCESS EASEMENT CITY OF ANNA, TEXAS V.A.M INST. NO. 01 06 30007F-7300 VOL. 019, PG. 776 O.P.R.C.C.T. P.R.C.C.T. LALPERMANENT WATER w EASEMENT CITY OF ANNA, TEXAS M INSTR. NO. F01 F061F30007F73 0 j I R.P.R.C.C.T. W I cy) I U z I flab I _ r� cr�a I I o I > I I I I� ALUM.TXDOT ✓1' I MON. FIND. I I I I I I I I I LALPERMANENT WATER o EASEMENT CITY OF ANNA, TEXAS INSTR. NO. L01L06L130007L73 0 o I R.P.R.C.C.T. Q I I w I C I c+) I z I I 1 I I I LU s U LU Qaa I LU IQ J I O ALUM.TXDOT -. MON. FIND. I BLOCK A, LOT 611 I 35.773 ACRES I 1,558,263 SQ. FT. I � I I I U I I oaa I o I o 'I co rn I z I BLOCK A, LOT 6 I ANNA TOWN CENTER VOL. 019, PG. 776 I P.R.C.C.T. I O-PERMANENT WATER CALLED .06FIACRE EASEMENT CITY OF ANNA, TEXAS STATE OF TEXAS I INSTR. NO. 01-06 30007-73C0 R.P.R.C.C.T. INST. NO. LA170u06o00u OL60 RPRCCT I a OL Q ❑ O L o C m z P.O.B. --'IRFC "KHA" 0. I FIRELANE, ACCESS, UTILITY L AND DRAINAGE EASEMENT I VOL. _017, PG. LL9 P.R.C.C.T. --'IRFC "KHA" "IRFC "KHA" 0 >c� O rn co CD '''IRFC I60.0 R.O.W. --'IRFC KHA" "KHA" V.A.M � - VOL n019 PG 776 '1 30.0 30.0 P.R.C.C.T. w Q B H I I W U >Q O a BLOCK A, LOT 7 ANNA TOWN CENTER I / z z g b VOL. u019, PG. 776 I / co ¢ LL20 B P.R.C.C.T. I w ou �5z �-/--- / wc~n s6, 10-D.E. - �- 7�I-� LU z O> VOL. 019, PG. 776 / / / LUP.R.C.C.T. RFC / / --I' IRFC "KHA/ / ji "KHA" W 08� "IRFC Q z O (j „KHA" I IRFC z ~ U "KHA" o ZoLU --'IRFC I O "KHA" I W of ¢ W ❑ I El o I H M "IRFC II I II "KHA" 60.0J2.O.W. " IRFC LLI H I I I I "KHA" UI I 30.0 30.0 _ a I I I II 1�1 I� B III J II w'� > II II �"� II II �a� 10 D.E. VOL. 019, PG. 776 P.R.C.C.T. 0 III > ❑ II I z W W O U cn W� g z- I M � :Uj m < ~ z 0 o0 o I C L z I 0¢0 �Zo¢ I WOODEN POST I I - - I `\ \ I I O aF W J � J O awm� �LUCCU U I.- B Of O LUaoa o QOz U � � U) z Q�� II III I I I �a II III I I I o m l l O' I l m > II II I I j II � II I I I co II III I I I II II I II o III II U) II II I II I I I BLOCK A, LOT ANNA TOWN CENTER I I 1 J I I VOL. 019, PG. 776 Q III w P.R.C.C.T. 1 III II J II I I II Olr 00 a Z H LU � < W=� II �" III oU) 0 ad W E] aSa II Yv II z� o B II p II J o �a o I a II = II oz }z Q II II o� Q II III Ir xz < I �O 1 E I II X0 co~ a 10' D.E. I I I oX in LiVOL. u019, PG. 776 1 1 so.ox.o.w. P.R.C.C.T. I I 30.0_ I �a� I I --'IRFC I I rn a EXHIBIT A PAGE 1 OF 2 KHA I IRFC I I S 0 6 "E I I „KHA" I I J 0 77 36.00- O> --, IRF " 5=E79 7 �G/ 33.6Cu \ \ \ I o I 10'X10'W.E. I (BY THIS PLAT) \ \\ I I I BLOCK A, LOT 11 M \ \ \\ O� uj b b I ^ 1.196 ACRES °' \ \ \\ o M a a I o 52,099 SQ. FT. �� VARIABLE WIDTH \ \ \ VA �9� °z o a F.A.U.D.E. \ 1 0 3s.o (BY THIS PLAT) \\ \IRFC \\ \ C O' >, c� < < J I 15' X 12' D.E. 1 .o \\ 'KHA" C� s � O> o S PLAT G. 776 \\ \ \\ a a ( Y THIS rn o r, O VOL. n019, PG. 776 \ } w 0.90_ - P.R.C.C.T. \ \ I N �.1 --'IRFC \\ of 1 f --- I 3 0 „W o O \\ „KHA" \ O LO L.E. W W BLOCK A, LOT 10 'co -\\ \ \\ I o o ro 0VOL. D19, PG. 776 W \� \ LL I .967 ACRES o o� U CDo P.R.C.C.T. A�� M I 42,121 SQ. FT. \ \\ w I 10LW.E \ \ \ W C� Z I VOL. -019, PG. 776 \ C? \ (D a 15' X 12' D.E. 10' X 10' W.E. P.R.C.C.T. \\ \ z I I (BY THIS PLAT) [ (BY THIS PLAT) P \ \ \ \ \ < 0 of U I I \ 16.6 \\ II >a 3s. -6r, / N 3 W 11. 7 15' D.E. nO-WATER EASEMENT I (BY THIS PLAT) INST. NO. L 01 u11030013903_0 I I I I � p I N 11 13"E O.P.R.C.C.T. -�' IRFC I � o S79 3 0"W XF------------ KHA BLOCK A,LOT 9 u1.60u---------- 1 ,� 11. �n I 19 I 0.919 ACRES 10.03 39.06- L n C17 N 9 613"W 17n9 n _C13 150°06'10"W I-U----- N 9 613"W- 1.9 .17F--------� I a, I 40,021 SQ. FT.3 U _ - - - - - - - - - - 15.00' I I L J ❑�' IRFC -�' IRFC "KHA' I I VARIABLE WIDTH 11 C11 N 9 613"w 17a9�o C1 I D.E.(BY THIS PLAT) 9. S79 3 0"W I / KHA' N1 0"E 11.7 - - - -J / SO 13 7"W „ I SO 13 7"W - - - 3.0 _ _ _ 1 - I-6.00 ❑ W. S. RAT ON SURVEY, ABSTRACT NO. 7 r 1 3.001T C j, THOMAS RATTON SURVEY, ABSTRACT NO. 7 I I N 9 613"W ❑❑9. ❑9 ❑ ❑aoo FIV' IRFC APPROXIMATE LOCATION _ xF CALLED 107.-❑ACRES 1 - - - - - - - - - "KHA" OF ABSTRACT LINE nIRELANE, ACCESS AND - - - - - - - - - [][IT'IRFC I SEMINOLE ANNA TOWN "KHA" - - l I ITn FIRELANE, ACCESS, UTILITY 10 ELECTRIC EASEMENT LOT 1, BLOCK A DRAINAGE EASEMENT - VOL. _017, PG. ��9 I CENTER, L.P. I AND DRAINAGE EASEMENT INSTR. NO. WAL-MART ANNA ADDITION INST. NO. n00n01 ��0001006-0 AlL060_u O VOL. -017, PG. -n9 P.R.C.C.T. / VOL. n017, PG. Cn9 0006 7I O.P.R.C.C.T. I P.R.C.C.T. R.P.R.C.C.T. P.R.C.C.T. N 71- R ❑E[d ❑❑AIL ❑dT ❑❑1111 LF--1 ❑. AF-r❑❑-❑ 6R 31 1.773 9 0.919 10 0.967 11 1.196 T u lI 3 ❑. ❑❑❑ GRAPHIC SCALE IN FEET 100 0 oD 100 E00 1" ❑ 1000❑ ❑-X36 CURVE TABLE NO. DELTA RADIUS LENGTH CHORD BEARING CHORD C1 103 0 LOOF] 31L-7n N7 3137"E 30 L 9n C-1 37 1 3" 30CI.00- n11.0Fi N7 0 39"E 07.39n C3 317 1" 39 .00_ u9C.L9_ S 13 3"W _91.-ILL] C-1 0" 39 .00- 336.97u S 3 13 "E 3u6.-IL L] C-1 3139" 33 .00 3.7 S 0 0 "E _7 .33u C6 1 0 11C.00_ 30. 3 S16 11"W 30.7Cu C7 3" 11C.00- -6.09F S1 9 7W -n.FOL C-1 0 0939" 30.00E- n1.03n N 1 309"E FO.60n C9 9 0" 30.00E- -7.11F S3 617"E -n.MF C10 90 01 10" 30.00L _7.13L N 13 3"E _u.Ll3L C11 30 a 7.L0_ a .70u N 6 111W a .69u C1 L 10 19 7" 1 7. 0 u . Du S 03 "W a .36u C13 10 19 7" 1 0 u .70u S 03 "W a .66u ClL 1 30 " F1 0 . 0 N 6 1"W n.19n BENCH MARK LIST TBM 711: S ❑❑ErE ❑ ® "X" m❑❑❑ ®❑ ❑o-®❑❑mm L1Lr ❑❑❑ ❑❑ad ❑ ❑®❑®❑ ❑o-®❑❑m IT-rrlllr ❑❑®❑ ®gym®❑ ❑❑ F. M. ❑❑❑ (W Lim R❑❑d) ❑❑d ®❑ ❑Lr®❑❑❑ad T❑❑®❑❑ r❑❑d ❑❑ U.S. H❑❑ 70 E ®a E1709.11 TBM ❑U R❑®❑❑d m® ❑❑ ®CI m❑® A ❑ ❑❑❑ ❑❑❑ ❑r ❑❑ ®❑ ❑❑mom❑ ❑❑®❑ ❑a'®❑❑❑0d 1r0❑®❑❑r❑❑d ❑❑U.S. H❑❑ 7u ❑❑o-❑® ❑®®111 ❑ 1111111111EIrEll ELF. M. ❑❑❑(W❑ ERL]Fd). E ®a ❑ 7 ❑6.39 VICINITY MAP ram-- - SITE 7 NOT TO SCALE LEGEND BOUNDARY LINE EASEMENT LINE BUILDING LINE IRF IRON ROD FOUND IRFC IRON ROD FOUND WITH CAP IRSC IRON ROD SET WITH CAP INST. NO. INSTRUMENT NUMBER NTS NOT TO SCALE FND. FOUND B.L. BUILDING LINE P.R.C.C.T. PLAT RECORDS OF COLLIN COUNTY, TEXAS O.P.R.C.C.T. OFFICIAL PUBLIC RECORDS OF COLLIN COUNTY, TEXAS XS "X" CUT IN CONCRETE SET XF "X" CUT IN CONCRETE FOUND P.O.B. POINT OF BEGINNING D.E. DRAINAGE EASEMENT S.S.E. SANITARY SEWER EASEMENT V.A.M SIGHT VISIBILITY EASEMENT U.E. UTILITY EASEMENT F.A.U.D.E. FIRE LANE, ACCESS, UTILITY AND DRAINAGE EASEMENT F.A.E. FIRE LANE AND ACCESS EASEMENT L.E. LANDSCAPE EASEMENT GENERAL NOTES: 1. A❑m ❑11❑ m❑Er❑ ❑ ❑❑❑❑ ❑❑nd ❑ ®❑ ❑® Dm ©❑❑ r❑d ❑ ® r❑d ❑ m= m❑ ❑ LL- -1-d "KHA", ❑❑Dm ❑Da'❑ ®❑❑❑]d. 1 1. A®❑Er®❑❑ m❑❑ ❑ a-❑ ❑❑md ❑❑ E rd ❑a-® ❑❑®❑ T ❑m❑ C ❑Ertl ®❑®S ®❑ , NAD03, No-®C❑❑M❑m❑❑❑ ❑❑Da AIIWE❑❑=00=000 o-❑ o-❑❑❑d d ®❑m❑ T❑ ❑❑®®❑ Er id d ®❑m, ❑ ❑®® ®❑ ❑ DoDd d ®❑m ❑❑ ®❑ Pr❑DmC❑❑ ❑0❑d F❑nuir (PCF) ❑❑D.99911❑SE73. VErmTrm❑0❑ NAVD ❑EL FLOOD STATEMENT: Amid ®❑ ❑1 M 1 11 1 N I I ❑C0 DECO 1 ❑❑ ❑ d ❑®d m❑❑ q EID09, ❑❑®❑ N ❑m❑❑E:F ®Dd ❑i I r1 11 11 T] Pr❑Crl I M I I F®❑d I ❑mr❑❑m R❑® M ❑❑ ❑❑C❑® C❑❑❑1Z T❑mq F I d I r I E ❑ ❑ ❑❑❑L1 i M 11 ❑❑❑❑ ❑❑F-A❑❑❑EI� F ❑d ❑ ❑d ❑mr❑❑m Ad ❑ ®®❑m❑, ❑ 1111=E ❑❑00 J11HEr❑ [E] Dm A ❑ ❑❑❑❑ A, d ❑®❑d ❑❑ ❑ S ❑❑REF 0❑d H ❑m d Ar❑❑ (SFHA) S ❑❑®m® I ❑❑❑d ❑m❑ ❑❑ ®❑ 1 ❑ A❑❑❑❑❑C ❑❑❑m F ®❑d ❑ ® N ❑ B ❑m F 0❑d E Dm®❑❑ d ❑11E❑ 0❑d. I ❑00 Fw0 ❑ ®0 ❑❑ [d ❑❑®d m❑®®❑d ❑❑m d o-❑❑, ®® m❑d ®®❑ ❑❑❑d ❑❑❑ ❑❑❑® ❑® ®❑❑®❑ ErEIDETI]II ODdE[Er ®❑ ®❑ELET❑❑ 0[Ir❑❑❑ ❑®❑ ®❑❑ TDA ®❑d0❑ Er ®❑d d❑❑ ❑❑EL O❑ ro-❑ ❑ MIS❑q ErODElEr =Ed ❑ m❑ ❑❑d ❑ ®mom ❑❑d =Dd ❑❑®❑®❑ ❑❑ ❑❑ ®O,❑❑md ❑❑ ❑ ❑a❑ ❑d ❑ IT ❑❑®-❑FFrI❑m❑ T110 ®❑d FFM0❑ ❑❑❑m❑®❑❑ot❑❑0 ®❑®❑❑ 0❑ ❑a-❑❑❑®❑ ==Er. PRELIMINARY REPLAT ANNA TOWN CENTER ADDITION BLOCK A, LOTS 6R, 93 103 & 11 A PRELIMINARY REPLAT OF BLOCK A, LOT 6 ANNA TOWN CENTER ADDITION, BLOCK A, LOTS L�❑, RECORDED IN VOLUME ❑019, PAGE 776, PLAT RECORDS, COLLIN COUNTY, TEXAS 3 E. ❑❑❑ ACRES OUT OF THE THOMAS RATTON SURVEY, ABSTRACT NO. 711q W.S. RATTON SURVEY, ABSTRACT NO. 71111 CITY OF ANNA, COLLIN COUNTY, TEXAS DECEMBER ❑019 Kimley)))Horn 6160 WF] r❑❑PT I, S❑ITIT F-10 T❑. NC (97-) 33F1--3❑❑O Fr=, T❑m❑ 7❑03❑ FIRM ❑ 10193❑❑❑ F_II IN I. (971 I) 33D-3779 Sm0 I Dr❑❑❑ ❑❑ I C1 lI I I d I D❑m Pr❑❑ITN❑. S❑❑❑EVE 1" ❑ 100❑ MLB KHA I DEC. F-019 I 060116❑❑011 1 1 OF ❑ OWNER: ❑ Si II I II11 IIL A II II ITI II 1C00®', LP Ell 11 WEI=El r Dr., Su® ED0 D ❑®q TX 7 uouo P[2 01 . 11 " L31 1 9 C0o❑I C BrI1111 B I IJO® APPLICANT: K II I I -HI rl I d Al I =[® 104 13 :iu:i N -u::2 uCd, S u® 700 DC=C, TX 7uCDD P 1971 .770.1300 FoD 97aL-39.3o::D Cou®m = FruEEErq PE 0 k 0 w cn cn co w ¢ U x ¢ m 0 w O 0 a a w J W CD c� 0 W a _ a ui W Z W U Z 0 H z z 0 0 W W T u- Y z c� 0 OWNER'S CERTIFICATE STATE OF TEXAS § COUNTY OF COLLIN § WHEREAS Q SEMINOLE ANNA TOWN CENTER, LP m ®❑ mm ❑❑❑D'❑ ❑❑®❑ DIMEUricl m]-m❑d iffim❑❑m❑d: BEING a InuwLuu❑Ld ulwLrid ILL T i i Lii I I I1iJLSLYLL" A❑®❑mN[I 7❑0, ❑❑d ®❑W.S. R❑®❑SD-EDq A❑®❑mND 700, CED❑❑A❑❑❑, C❑®C❑❑❑❑, T❑EDq ii d ❑❑DI❑ ❑®DBDIEDA, L❑L6 ILA❑❑ Ti�oL Ci iu❑r, BDIEDA, L❑® ❑•q ❑❑ odd®❑ ® ®❑ C= ❑DA❑❑❑, ❑❑ m❑❑❑ ❑❑ ®❑ FEE❑EPDID-❑m'd❑d ®V❑DI❑ ❑ DD19, P❑❑❑ 776 ❑❑®❑ P DIDR❑m'd ❑ ❑❑ED[d ED❑❑❑� ❑Dd ❑❑DI❑ ❑ D-❑ 11Er=1TDI d ❑❑3EEDd ❑❑ ❑ DEED ❑Dd ❑❑❑❑d ❑ ❑❑ ®DI]❑ ❑ BEGINNING uuu ❑❑}DIED ©❑❑ r❑d ❑m ❑®F-M m❑ FFIfl❑ ❑❑d ❑® KHA ®❑❑d 11ir ®❑ ❑D'®❑❑mm❑D' ❑❑L❑❑1, B®mA ❑❑W❑dvlor❑A❑❑❑Add®q ❑❑ ❑dd®❑ ®❑ Cm ❑❑A❑❑q ❑❑ m❑u❑ uu ®❑ F®uuP®ur❑❑❑'d❑d DI V❑®❑ ❑ [ID17, Puu❑ ❑u9 uum[d P®❑R❑❑❑'dq m❑ ❑ ❑❑®❑ uu ®❑ FIDE Tr® rDI❑❑uuu❑u ®u uuU. S. H ®❑uuu 7 u (EE DI❑® u 1d ® r®❑ouo❑ ❑Hj, ❑u d ❑m•DIud ® uu A Zr ❑ud F ®❑❑ id u❑❑ ❑uu® ®u S ®® u❑T ❑mq C ❑m N a OO ❑-007 ❑0-u01 q r❑❑❑'dud DI I u❑:flu❑ ❑u❑v a ❑D170m6000❑❑D❑SO ❑❑®❑R❑❑EPr❑❑D-®R❑❑Dd❑❑❑m[d m❑❑® THENCE I i i❑❑ ®❑ ❑❑®-DI rDI❑I�❑0❑ ❑❑ DI]❑ ❑❑m[d U.S. H ®❑❑ ❑❑ N D 7 ❑ ❑❑ d ❑ED-DI❑d DI =Id and ❑❑❑ ❑❑q ®❑ ®DI]❑ DI❑ m0 mD N r 07 36 6" E d .30 - r r d d r r r N r 09 13 0" E d 600. 6 TXDOT r d r r r N r 0 36" E d 00.10 TXDOT r d r r r N Er 07 36 " E u❑Q u d=E1E11 u❑3E 9.39 ZIL 11 ] :]DI DIM Lrlu-1 r_ d uu u r d -FFTI Tom, -7d KHA, d r -777- -11-F -rrnrr- rTmul;uo❑ ❑❑ ®u ---id U.S. H®❑uuu Na 7E] ❑m ®❑ muDIDrDI rimuouGu❑C LEo uuHLLL�rr- Dr-L ( 0Lr---_- ), dA-L—id -i �Ld FL--P--i-iA❑❑❑ Tu❑❑ Cuu❑7, Eiir ®u❑❑muu❑1ir®❑D•®❑um❑EruDr ❑umld L11❑6u THENCE DI❑®❑ ®❑ ❑❑®DIr1E1❑0❑GDDDED❑ ❑❑ED[d U.S. WEEDED ND 70 ❑❑d ❑DI❑❑ ®❑ m❑®D-DIr®❑0❑G❑❑❑®❑ ❑❑ED[d H❑=Err❑Dr®, ®❑ ®DI]❑DI❑ mD-m❑ ❑❑d d ®❑mD S❑❑01 3 0 " E u❑Q ❑ d o❑mum []Ell 00. ❑7 [[[][][]Ell] 11 ❑® DIED ©u❑ rud ❑ m u rud ❑®❑LID mq ®❑ u❑d KHA , ®❑ud uu®❑ ❑uu®uDIu uu❑ ®u❑❑uu❑ITm ® ®❑ r 103 ", r d 0 .00 rd r d d N r 7 31 37" E 30 . 9 ❑ ❑ ❑D-®❑❑mrDI d ©❑=❑, ❑ ED =1d ❑D-ED ® ®❑ E14 ❑❑ D'❑ d ®❑m ❑❑31 D d7 ®❑❑®❑ ❑® DIED ©❑❑ r❑d ❑ ED ❑ r❑d ❑DI®m❑, =D ❑❑d KHA, ®❑❑d ❑❑®❑ ❑uu®uDIu uu❑ ru❑Erm ❑gym ® ®❑ rDI❑❑❑❑ E] u m❑1fl❑u❑u❑® 11❑37 1 3", ❑ rudDI❑ 11❑3ua00 ®uq ❑ =Erd ❑❑J®❑ uud d®❑m uuND•® 7 0 39" E❑u� [ID7.39 ®u® ❑ ❑ ❑D-®❑❑®-DId©❑®❑, ❑= m[d ❑D m ® ®❑ r®❑4 ❑❑ D11d®11m 1111❑11.011 ®❑❑®❑ ❑® DIED ©❑❑ r❑d ❑= ❑ r❑d ❑DI® ED❑, ®❑ ❑❑d KHA , ®❑❑d ❑❑ ®❑ ❑❑d ❑❑ED[d ❑D-ED❑ S❑❑® 9 0 9" EF ii 1,1 d 11 i u ❑ ❑11❑9.❑11 ®❑❑®❑ ❑® DIED ©❑❑ r❑d ❑DI] ❑ r❑d ❑DI® ED❑, =E ❑❑d KHA , =Eod iDr =E ❑ ❑m❑D-®D'DI ❑D-®❑❑ED❑ rEEr ❑❑ mCd 1-11113 ❑❑d ®❑ I I r i I I i I r❑D- ❑D3DIEDA, L❑1 ❑❑ E[d A❑❑❑T❑❑❑C❑❑E1E❑ THENCE S ]❑❑II 00 39 01" W 1,1 ®❑®❑ =E m❑®ffDI rDI❑0❑0❑❑❑ =E ❑❑m[d H11ED711r❑ Dr® ❑❑d ❑DI❑❑ ®❑ ❑❑mr❑7 ®❑ ❑❑m[d L❑❑6, m❑ ❑ ❑❑ ® =D ❑❑❑DIrDI d L 7, d 190. 3 r r d r d , d KHA, d r r r THENCE S 6 07 " E❑❑Q u®u❑ u El r®❑um®u uumld L❑116 u❑d ®❑ mu®uum®u uumld L❑117, ❑ dMM❑m ❑❑1119.00 ®❑❑® u u® DIm ©❑❑ rud ❑m ❑ rud uDIo� zq ❑ 11 u❑d KHA , ®u❑d DI ®u ❑El r® rDI❑ououuu ®u uuTZruFm D•®u B❑u®❑mod Tr ®❑ ❑ um❑u❑ur® ❑D•®u❑m❑Er❑D• uumld Luu6 ❑ud ®u z1u®uum❑Er❑D• uumld Luu7, mrd ❑u®u❑u®u uu❑®❑®❑ uuu ODD- ❑1uu❑❑u❑EtEll ® ®u ®®uu®❑ u Eluir❑❑uu❑® ❑u 3 17 1", ❑ rudDI❑ ❑u39a00 ®❑Q ❑ mDd r dd S 13 3"W . 91. THENCE ❑DI❑❑ ❑]❑ ❑❑®DI ®❑ ❑❑m[d L11D6 ❑❑d ❑]❑ ❑❑❑ YED ®❑ ❑❑ED[d TErE= D-®❑ B❑❑®md, ®❑ ®®❑DI❑ mD-ED❑ ❑❑d d®❑ED❑ u u m❑®❑ ❑❑III❑] d IMEEM" ❑ m m[d EEr= ® ®❑ ®EIV ❑❑ D•u d ®❑m uuE9 a E9 ®❑❑®❑ ❑® DIm ©❑❑ rud ❑ m ❑ rud u®❑>ID mq FFMu ❑ud KHA , ®❑ud ❑u®❑ ❑❑d ❑❑m[d ❑D ED❑ Suuoi 00 3 " W ❑❑Q u d ®❑m u❑90EL97 ®uu® u ❑® DIED ©u❑ rud ❑ m u rud u®❑>ID mq FFMu ❑ud KHA , ®❑ud ❑u®❑ ❑uu®uDIu ❑uu ®❑❑uuuuErm ® ®❑ r 0", r d 39 .00 rd r d d S 3 13 " E 3 6. 1 ❑ ❑ ED❑®❑❑❑ID-DI d ©❑®q ❑ ED =1d ❑ rED I) ®❑ ®EI� ❑❑ ❑ E] d ®❑m ❑❑336.97 ®❑❑®❑ ❑® DIED ©❑❑ r❑d ❑ ED ❑ r❑d ❑DI® m❑, ®❑ ❑❑d KHA , =EOd ❑❑®❑ ❑❑❑DI❑DI❑ ❑❑❑ r❑m m ❑D-ED ® ®❑ r®❑❑❑❑❑ 11 ❑ m❑[fl❑❑❑❑❑DI ❑❑ 31 39", ❑ r❑dDI❑ ❑❑331100 ®❑Q ❑ =Erd ❑❑D-DI❑ ❑❑d d®❑m ❑❑S❑❑® 0 0 " E❑❑� ❑7a33 ®❑® ❑ ❑ m❑®❑❑®-DI d ©❑®q ❑ ED =1d ❑D m ® ®❑ rDI❑q ❑❑ D-❑ d ®❑m ❑❑❑113.7❑ ®❑❑®❑ ❑® DIED ©❑❑ r❑d ❑ ED ❑ r❑d ❑IEI ➢ ED❑, ®❑ ❑❑d KHA , ®❑❑d ®❑ ❑ ❑m❑❑❑IIr=m❑®❑❑EE=rEE- ❑❑ED[d 1-0113 ❑❑d ❑D-®❑❑ED❑D❑D- ❑❑®❑ 011❑❑ ❑❑®❑❑d 1-11131, BDImA EEW 04AE'DA❑❑❑Add❑UFT THENCE "11❑❑ ®❑ muDID•®®❑ ❑❑=ld Lu❑6 ❑❑d ®❑ ❑D•®D•®®u uumrd L❑u1, B®mA ❑dN[i[-MErEA❑uuAdd m]q ®u ®®uiEu mD•m❑❑ud dmm❑m❑ N r 9 613"W , d 9 .17 X r d r r r S 00 13 7" W d 6.00 X r d r r r N r 9 6 13" W d r r d r d d KHA, d r r r S 00 13 7" W d 13.00 r r d r d I d KHA, d r r r N r 9 613" W d 9. 9 POINT OF BEGINNING ❑ud mu®DIDIu3auuu u❑-❑1](1,69q11D❑ muDu ®❑) ❑❑®ud, ❑ Dru D DIED EXHIBIT A PAGE 2 OF 2 OWNER'S CERTIFICATION NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: THAT • SEMINOLE ANNA TOWN' ■■■IIII■ ■■ ■111 ■■ ■■• 111 ■■■■ 111■r • ii EE7iEr=d ■111111■ ■ • ■ ■■ ■■■ ■• EF1=7 1 11 • I 7EFFM■1■ ■ 1 ■ • ■■■ 111■• ■ ■■■ 111 ■■ AN NA TOWNADDITION,• • OF •C K A, LOT 6, ■■ ■• • 11111E 111 111E C IIII ■■' ■■■ ■■■■ ■■• • ■■■ ■■ ■■■ • ■• 111■u 111 111E ■111 ■111 111 111E 1111111111E ■■■ 11flrElEEr, 111E ■r1111111 11d IIII■■ ■■■■ ■ 111E ■■■ TEIE ■r■■111 ■■• ■IIII■■ ■ ■ • ■• 111■111• Firr Fir■■■ Eirir EEFTIFI TEE ■■■■■ ■■111 ■■• ■■■IIII ■■■ ■ ■■■ ■■ ■■■■ ■ ■ ■ • ■• 111■111• LiEr 111E ■■■IIII ■■■ ErLLLr, Er 111E ■■ ■LILT■ 111. 111■111• ■■ 11111E ■III■ I ■ ■• • 11111E ■1111111 ■■■■■ ■■111 ■ ■■ ■IIII ■■ ■■■• Eirr Fill■ ■ ■111■■■■■ ■■• ET -ME ■ ■• ■IIII■ ■■■TFEFIEIIII 1111111111■ • ■■rill■ Fill ■■■ Eir 11711■ 111E ■■■ ■ ■■FEET■ 111E ■■■■■ ■■■ IEEE] IIII 111E ■■■ ED Fl[]rFFFFFTT ■mum■ ■Uri ■■■ ■■ ■■■TUFF ■11111111■ ■TUFT ■■■■ • 111■111 T[I 111E ■■■111 T7 ■■• Cru ■■' ■■■111 ■■■ 111E ■■■ TLL CFFm ■■' ■■■ ■■• ■■■IIII ■1111irm ■■111111■ ■■■FFULIL■ 111E 111■■111i rLIL LILT ■■• ■■■■ rLIL ■■■• ■FEET ■■ 111 ■■■■■ ■■A 111■■ E1■■■■ r■■■ ■■ ■■■ Eir TUFT 111 ■ ■■■■ ■■111 Er ■ ■■ 111E ■ ■IEEE ■ ■■ 111 ■■■ ■ ■■ ■■• EETIEr Eir 11111E 111 ■ ■ 111E 111E ■■■Fir■■IIII■ ■ ■111111■■■■■ Or ■111111111■■■ ■■111■ri rLILLIL■IIII■ ■■■111■ ■ 111 ■Fir ■■■■■ Laii TLL C= ■■' ■■■ ■■• ■■■IIII ■1111111 ■■1TUE ■■TIFF ■■ ■1111111 ■■ ■■■■ 111E 111111 111■■ ■■ III■ ■■■ ■■• ■■ ■■■ 111 Or rill■ 111111r rEFTIE■IIII■ ■■■■■ ■■111 ur 111E ■■ ■■■■ ■■ ■■■Fir■■IIII■ ■■■■Fir■■IIII■ 111■■■■IIII■ ■■r■111111■ ■ ■111111 LIRE■ ■■• 111E ■ ■111 ■ ■■• ■• • 111E ■1 Lr rLIL ■■FEEL ■FEEL ■■ LL] ■■ 111■r ■■■■■IIII■ ■■■111■ ■ ■ IIII■■TUFT ■■■■■■IIII ETUDE 111E ■ ■■■ ■■■ 111E ■■ ■ 111■III■ r■■ ■■■■■■ ■■TUFT ■■• ■ TUFT■• • ■■■ ■■ ■■■ ■■■■■■■■■■• ■■ ■■ 111■■■■ 111■■ ■■TUFT■■Fir■■■■■■■ 111E Ir■ FULL ■■■■■ ■LIEU ■■ • ■• 111■111• ■■• ■■■■ ■ ■■ ■■■ ■ ■■ • ■■ 111■■ ■■• 111■■71■■ ■■TUFT ■111111111 111E ■■■ ■ 111 ■ ■111111 ■■■■■• ■■Fir ■■■1111111 ■■ ■■• ■■■■ 111E ■■■ ■ r■■ ■■• =Llr ■■■■■ ■r■■111 ■■ IIII■■■■ ii■■■ ■■ LILT Ly TUFT 111 ■ LILT■ ■■111 Lr ■■■r■■1111■ 111■Ili•III■ ■■■■■■F1111111• 111 111E ■■ TUFT ■■ ■ EETr ■■■111111■ r■IIII ■ ■■■111 Fir FinTiEr ill ■■• ill ■■E1 Fill Fill■ ■■■■■■ ■■ Ir■ ■■■■ ■FEET TEE ■ ■111111■■■■■ ■■ ■■TUFT ■■ 111E Ir■ III■■ ■LILT■ ■■111 111 111E r ■■■■■■111111111 ■■ 111E ■■ LLr, ■■• 111E ■■ LLr ■■LIEU ■LILT ■■• ■ ■111111111 LILIL]r L1Lr 11111E TUFT■ 111 ■■■■■FTME■ ■III■■■ ■III■■ ■■■■ Ir■ 111■1111 ■1111111■ r■ L ■■■ N ■ ' Er FIFE■ ■■ ■■IIII■ Er ■111 • 11111 0111TI]EIr 1117• r EET ■■■■11Ium 111 ■■ ■■■ LILILLILIrmcl Lill ■■■■■ ■■■■ Ir■ 111■■■ ■■• TIME■ ■■■■■ ■LIEU 111 ■■ ■ ■Innll■■• r■■ ■■• ■■■■■I calk• ■■■1111111 ■■ nr FTL • LILL]r Lill ■■■■■• ■■ Lir ■■■■■ ■■■ ■■ ■■• ■ FIFE■■• • ■■■ ■■■■■■■■■■• ETTEE 111■■111■ ■■■■■■ ■■■■■ ■■■■ ■■ Fill EIETT]d ■■ ■■■ ■■ ■■■ ■ 111E ■■■■ ■■■■■11111 111 III■ ■■■ ■■• ■■ ■■■ 111 L11E1Lr rL1LL1L1rL1LLr4 ■■• nr 111E ■■ ■LILT ■■ ■■■ ■■' ■■11111 Lni=nr ■■• ■■• ■■rill■ ■■■ ■■• ■■■■■■ ■■• ur Finn • ■■■ 111 ■■■■■• Fill ■ ■■■■■ ■■■ 111 TUFT■ ■■■■ ■■• ■■ ■■■ ■Uri ■ ■■ 111■■ ■ 111E 111E rUEEE111d ■ 11111111■■ ■■■1111111 ■■ ■■ 111E C 111E ■■' ■■■ 111E ■■■■u ■■ ■FEEL■■■ ■ Lr ■■ ■■ ■■• r L1Lr ■■■■111111 L] ■■FIFE■ IMLT ■■■ L]Lr ■■■ ■■• ■■ ■■■ 111 ■IEEE■ ■■■■ ■■• ■■ ■■■ ■Uri ■ ■■ FEET■ ■III ■■■ ■■■• ■■■111■■111 ■111■111111111■ ■ • 111■■■■■ ■FEET ■■• ■■■1111111■■ ■■FEET IIII ■■' ■■■ ■■■■ 11 \ ■ ■ ■■■• ■■■■■■■■■■■■■■ ■■■■■■■■■■■■■■■■■■■ 11111E 111E ■■■■■■■ • ■■ ■■■■■■■■■■■■■ ■1 ■1 Q Seminole Anna Town Center, L.P. B Q❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑ ❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑ (PI-®®d N ❑❑ ❑) (T®) STATE OF TEXAS § COUNTY OF ❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑ § : FIFFir ■ ■ ■ 111E ■■• Fir TUFT■• ET111TIEr IIII ■ N Eur ■ ' ■■11111 111 ■■• nr Enid C ■■■111 ■■• S 11111E ■■ 11111E • ■■ FiEr ■■■■IIII FIFIETIFir ■• ■■■■■■■■■■■■■■■■■■■■■■■ ■■ ■ SLILI 111■111 ' ■■■ TLL ■ CLILlar,■■■■ ■ 111 ■ ■ Ell ■■ 111E ■■ ■■■ ■ ■■■■ ■■■ ■ 111 ■ELITE 111■• E[] 111E Ur ■■■III■ IFIIET■■ ■■■■■• ■■■■■■ 111• ■■• T[] ■ ■ 111■■■■111■■ ■■■■■FII• F110 ■■■ ■ FT1r Fil■ Eirir ■■■■ ■■• ■■■Fir EIr ■IIII■■ F111Er ■M ■■■ ■■■■• FEET■ ■■• ■ ■ ■ ■■■• ■■• ■■■■■■■111111■ 11111E ■■■■■■■■■■■■■■■ • ■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■ ■1 ■1 ■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■ mill ■ ' ■■IIII 111 ■■• IIII 111E 111111 NEI NONE ❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑ Prm11T]d N❑❑ ❑ ❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑ M ❑ C ❑❑ ❑ mom❑ E m©❑❑ STATE OF TEXAS § COUNTY OF COLLIN § KNOW ALL MEN BY THESE PRESENTS T❑❑d, Mm❑❑CB. ML]q d❑ ❑D-❑❑❑ m ® ®❑❑I D-❑❑Dr❑d ®®❑uLaid ®❑ ®Cd ❑❑®❑ ❑ ❑d❑ ❑ ❑D-❑®LIr❑❑❑1fl❑❑ ❑❑ ❑mm❑m❑d ❑mom ❑® m7m❑ ❑❑®❑ m❑d ❑❑d TI❑❑®❑ mr❑Er ❑ ❑❑❑❑ ❑❑® m❑❑ ❑ ®a ❑❑❑ ❑ Ei❑ D-❑❑a m ❑®md ❑❑d ❑- ❑ ❑ m❑Er 11. ❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑ M m❑❑11B. 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RATTON SURVEY, ABSTRACT NO. 711❑ CITY OF ANNA, COLLIN COUNTY, TEXAS DECEMBER L019 C r 01 K® La-�Halj oDd A®®®q ILL Aa®®r=rmd w z 0 THE CITY OF Anna AGENDA ITEM: Item No. 12. City Council Agenda Staff Report Meeting Date: 1 /14/2020 Consider/Discuss/Action on a Development Plat for Morales Estates, Block A, Lot 1. (Director of Development Services Ross Altobelli) SUMMARY: Mobile home on one lot on 7.0± acres located on the north side of Grasshopper Lane, 650± feet east of County Road 426. Zoned Extraterritorial Jurisdiction (ETJ). Strategic Connection This items supports the City ofAnna Strategic Plan, specifically advancing: Goal 2: Sustainable Anna Community Through Planned, Managed Growth STAFF RECOMMENDATION: Recommended for denial due to the Development Plat not being in compliance with the following sections of Article 9.02 (Subdivision Regulations) in Chapter 9 (Planning and Development Regulations) of the City of Anna Code of Ordinances: • Subsection a (Adequate service for areas proposed for development, generally) of Section 9.02.004 (Adequate public facilities policy) - Application missing submission material from each of the applicable utility service providers verifying their ability to provide an adequate level of service for the proposed development. • Subsection e (Submission procedures and city review process for all types of plats) of Section 9.02.041 (General requirements for plats) - Applicant failed to re -submit corrected copies of the plat and other application materials back to the city in time for adequate review. • Subsection f (Proof of landownership) of Section 9.02.041 (General requirements for plats) -Applicant failed to provide proof of land ownership. • Subsection h (Submittal requirements) of Section 9.02.045 (Development plats) - A certificate or some other form of verification from the Collin County Appraisal District showing that all taxes have been paid on the subject property and that no delinquent taxes exist against the property. • Subsection c (Submission requirements for all types of plat applications) of Section 9.02.041 (General requirements for plats) - Development Plat was missing information contained on the City's Development Plat checklist. ATTACHMENTS: Description Location Map Staff Report Resolution w/ Exhibit Upload Date Type 1 /8/2020 Backup Material 1 /8/2020 Staff Report 1 /9/2020 Resolution waN, _0 11 MM a I -.k ke Tr z .L OR Development Plat- Morellas Estate, Block A, Lot I I Y'R 6',' VP' P, 'J� L GRASSHOPPE 7N THE CITY OF Q Proposed Site Parcel. 0 250 500 1400 Feet January 2020 _. THE CITY OF qiaiifta Development Plat Morales Estates, Block A, Lot 1 n THE CITY OF nna n ►A Recommendation • Applicant failed to re -submit corrected copies of the plat and other application materials. • Applicant failed to provide proof of land ownership. • Verification that all taxes have been paid and no delinquent taxes • Development plat missing information THE CITY OF Anna 5i =ME= 1 Development Plat- Morelas Estate, Block A, Lot' � ��11111111111 � : �11111111111 �'��111111111- �� _ �111111111 \ \ \ N FZD F'F M0N JO V) O LP a 2` K.a o r- a w� MILL ST Z -ORIOLE DR TENNYSON ST US ST • *.s w GRASSHOPPER LN s w, •s "M� lk�� 1 k e _- COUNTY_ROAD.376 ., ..y a O • Z o THE CITY OF N Anifta Proposed Site = Parcels 0 250 500 1,000 Feet •t . January 2020 L.TIanninq & DevelopmenWrolect Review\Morelas Estate\Agenda Mc CITY OF ANNA PLANNING & ZONING COMMISSION January 6, 2020 Agenda Item No. 4 Applicant: Iris Morales DESCRIPTION: Mobile home on one lot on 7.0± acres located on the north side of Grasshopper Lane, 650± feet east of County Road 426. Zoned Extraterritorial Jurisdiction (ETJ). REMARKS: The applicant has submitted a development plat for a residential property, as seen in Exhibit A. Staff did not received a corrected plat for review prior to this Planning & Zoning Commission meeting. ISSUES: State Law Requirements Chapter 212 of the State of Texas Local Government Code outlines the requirements of cities to process plats within a timely manner. Under this law, staff must bring forward to the Planning & Zoning Commission any plat that was submitted regardless of completeness. In accordance with the law, the Planning and Zoning Commission will make one of the following recommendations to City Council: approval as submitted, approval with conditions, or denial with explanation directly related to the requirements under the municipal ordinances. Section 212.009 (Approval Procedure: Initial Approval) of the Local Government Code allows an applicant to request a 30-day extension in writing. Staff did not receive a 30- day extension request. Out of ComDliance with the Subdivision Ordinance The applicant did not provide proof of ownership as required in the Subdivision Ordinance in Subsection f (Proof of landownership) of Section 9.02.041 (General requirements for plats) and Subsection h (Submittal requirements) of Section 9.02.045 (Development plats). The applicant has failed to prove access to water and wastewater facilities as is required in Subsection a (Adequate service for areas proposed for development, generally) of Section 9.02.004 (Adequate public facilities policy). The applicant failed to resubmit a corrected copy of the plat in accordance with the Subdivision Ordinance. Subsection a (Submission procedures and city review process for all types of plats) of Section 9.02.041 (general requirements for plats), reads as follows: (5) Re -submission and scheduling. (A) Failure to re -submit corrected copies of the plat and other application materials (including engineering plans, if applicable) back to the city in time for adequate review prior to the planning and zoning commission [meeting] shall be cause for the planning department to forward the plat application to the commission as it was originally submitted rather than the corrected version of the plat unless the applicant agrees in writing that the date of filing of the plat application shall be deemed to have occurred not more than 29 days prior to the next regular meeting of the planning and zoning commission that follows a determination by the planning director that the application is complete. (8) If, upon re -submission of the corrected plat to the city, the planning director determines that the application does not comply with the technical requirements of the subdivision regulations, the plat application may be subject to expiration or denial in accordance with these subdivision regulations. (C) After the plat has been scheduled on an agenda (or at any time prior), the applicant may request, in writing, to withdraw official filing of the plat in order to allow the applicant more time to correct deficiencies, address concerns, or otherwise improve the plat pursuant to these subdivision regulations. After receipt of the request, the city may delay action on the final plat until 30 days after the applicant officially re -files the plat. Collin County Plat Filing Requirements Additionally, the plat as submitted does not have the required information for filing with the Collin County Clerk's Office. Their list of requirements is attached in Exhibit B. SUMMARY: The applicant failed to resubmit changes to the development plat to be in compliance with the subdivision regulations nor submit a 30-day extension request. Staff has reached out to the applicant several times to fix these issues. Due to state law for reviewing plats, the AGENDA ITEM NO. 4 (01/06/20) PAGE 2 OF 3 Planning & Zoning Commission is required to make a recommendation to City Council and for the City Council to act on this plat. RECOMMENDATION: Recommended for denial due to the above references to the Subdivision Ordinance. AGENDA ITEM NO. 4 (01/06/20) PAGE 3 OF 3 N N II 3 3 II CALLED 10.630 ACRES KRISHNA & PADALA NAMBURI C.C. NO. 20071029001470870 O. P. R. C. C. T. Clf'10-7r )-)) r -- EASEMENT ESTATE C.C. NO. 2016051000056745 0. P. R. C. C. T. DANIEL CALDERON 54.06' VOLUME 2234, PAGE 499 D. R. C. C. T. 10p�S,�Po00� 1 60G-G(. 1 45 SOUTHWEST CORNER ROBERT WHITAKER SURVEY ABSTRACT NO. 1011 EXHIBIT A v^� JOAQUIN &v"�J HUGO MARTINEZ C.C. NO. 20160707000863910 06 P P� 16gti 0. P. R. C. C. T. GOO,�D� O�G ti0 �0 • 0 • SURVEYOR'S CER70CA7E G0. The survey shown hereon is a true representation of the property as determined by a survey made on the ground and under my personal supervision. All visible improvements are as shown. There are no visible encroachments, conflicts, or protrusions, OF except as shown. This survey conforms to the Texas Board of Professional Land Surveyors' Minimum Standards of Practice, as adopted by the Board effective September 1, 2017. The property ..... c... ... ..... ....................:..... is subject to all easements of record. DAVID J. SURDUKAN ..................................... .�0 --- ------ --------------------- S U David J. Surdukan R.P.L.S. No. 4613 go M, °t NORTH K SCALE 1"= 40' 0 -0 -0 LEGEND C.M. = CONTROLLING MONUMENT CIRS = CAPPED 112" IRON ROD SET STAMPED "4613" CIRF = CAPPED IRON ROD FOUND GENERAL NOTES, 1. The surveyor has not abstracted subject property. 2. This survey is subject to all easements of record. 3. Copyright 2019, Surdukan Surveying, Inc. 4. The survey is being provided solely for the use of the current parties and that no licenses has been created, express or implied, to copy the survey except as is necessary in conjunction with the original transaction which shall take place within 3 months of the date of this survey. 5. The original copy will have original signatures, stamp seal and an impression seal. 6. The bearings shown on the north line (S 88°35'02" E) of the survey is based on the north line of the called 7.00 acre tract of land recorded in Instrument No. 20170316000338530, Official Public Records of Collin County, Texas. LEGAL DESCRIPTION BEING a tract of land situated in the Robert Whitaker Survey, Abstract No.1011. Collin County, Texas, and being all of a 7.00 acre tract conveyed to Jose H. Morales and Antonio Morales as recorded in Instrument No. 20170316000338530, Official Public Records of Collin County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at a capped 112" iron rod stamped "6578" found for corner at the southwest corner of said 7.00 acre tract, said iron rod being in Grasshopper Lane, said iron rod being N 27"20' E a distance of 1315±' from the southwest corner of the said Robert Whitaker Survey; THENCE N 01 "28'02" E a distance of 625.98' to a 112" iron rod found for corner, THENCE S 88°35'02" E a distance of 484.25' to a capped 112" iron rod found stamped 4488 for corner, THENCE S 01 °03'O8" W a distance of 627.46' to a capped 112" iron rod stamped 4488 found for corner, THENCE N 88°27'48" W a distance of 54.06' to a capped 112" iron rod stamped 4613 set for corner; THENCE N 88"24'21 " W a distance of 434.74' to the POINT OF BEGINNING and containing 304,921 Square Feet, 7.000 Acres of land. FLOOD NOTE This property falls in Zone X according to the Flood Insurance Rate Maps, Panel No. 48085CO070J, Map Revision June 2, 2009, as published by the Federal Emergence Management Agency. VICINITY MAP NOT TO SCALE DEVELOPMENT PLAT MORALES ESTATES BLOCK 1, LOT 1 BEING 7.000 ACRES 0 UT OF THE ROBERT WHITAKER SURVEY ABSTRACT NO. 1011 COLLIN COUNTY, TEXAS OWNER SURVEYOR JOSE H. MORALES SVRDUKAN SURVEYING, INC. & P.O. BOX 126 ANTONIO MORALES ANNA, TEXAS 75409 1334 PROGRESO DR (972) 924-8200 HOUSTON, TEXAS 77038 FIRM NO. 10069500 11 N N E SCALE 1 " = 40' DATE. DECEMBER 2, 2019 JOB No. 2019-115 s s EXHIBIT B Stacey Kemp County Clerk 2300 Bloomdale Road CID "'" C O L L I N COUNTY Ste. 2106 COUNTY McKinney, Texas 750715071 972-548-4185 972-547-5731 Fax www.collincountytx.gov Requirements For Filing A Plat In Collin County SPECIFICATIONS FOR FILING PLATS: NO FILINGS OF PLATS WILL BE ACCEPTED AFTER 3:30 pm 1. The size of the plat shall be NO LARGER OR SMALLER than 24" x 36". 2. The County Clerk's Office requires one black line copy with all ORIGINAL seals and signatures; NO EXCEPTIONS. 3. The plat must show the following: A) Certification and Dedication by owner (addition name in dedication and title block must be the same). B) Certification by a Registered Professional Land Surveyor. C) Certification and approval by the city (if within the city's ETJ). D) Approval by Commissioners' Court (if needed). E) Complete Legal Description; a replat must reference the original plat information. 4. Signatures must be original and names must be printed under each signature. If the owner is a company that company name must be above the signature. 5. Signatures must be acknowledged. Notary's name must be printed under each signature. Notary's seal must be affixed and legible, and the notary expiration date must be shown. 6. Seals must be affixed by whoever approves the plat, whether it is the city or the county, as well as the surveyor and notary. 7. Tax Certificates from each taxing entity (signed, and sealed from County Tax Office). School and City Taxes not collected through the County may not have a seal, but must have original signatures. 8. All stamps and seals MUST be legible. EXTRATERRITORIAL JURISDICTION (ETJ)-Area outside a City's limits so designated to fall in the City's "sphere of influence" SUBDIVISION WITHIN EXTRATERRITORIAL JURISDICTION: If the location of the subdivision is within the extraterritorial jurisdiction of any city or town within Collin County, Texas the plat shall be approved by the governing body of that jurisdiction and so indicated on the face of the plat. Revised 11/26/2012 CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS DENYING THE MORALES ESTATES, BLOCK A, LOT 1, 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 Article 9.02 of the Anna City Code of Ordinances ("Subdivision Regulations"); and WHEREAS, Iris Morales has submitted an application for approval of the Morales Estates, Block A, Lot 1, development plat (the "Development Plat Application"); 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. Denial of Development Plat. The City Council hereby denies the Morales Estates, Block A, Lot 1, development plat attached hereto as Exhibit 1 due to the Development Plat not being in compliance with the following sections of Article 9.02 (Subdivision Regulations) in Chapter 9 (Planning and Development Regulations) of the Anna City Code of Ordinances: • Section 9.02.004(a) (Adequate service for areas proposed for development, generally) - Application missing submission material from each of the applicable utility service providers verifying their ability to provide an adequate level of service for the proposed development. • Section 9.02.041(e) (Submission procedures and city review process for all types of plats) - Applicant failed to re -submit corrected copies of the plat and other application materials back to the city in time for adequate review. • Section 9.02.041(f) (Proof of landownership) - Applicant failed to provide proof of land ownership. • Section 9.02.045(h) (Submittal requirements) -A certificate or some other form of verification from the Collin County Appraisal District showing that all taxes CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 1 have been paid on the subject property and that no delinquent taxes exist against the property. • Section 9.02.041(c) (Submission requirements for all types of plat applications) - Development Plat was missing information contained on the City's Development Plat checklist. The Development Plat Application is hereby DENIED by the City Council of the City of Anna, Texas on this 14t" day of January 2020. ATTEST: City Secretary, Carrie L. Land ADOPTED: Mayor, Nate Pike CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 2 EASEMENT ESTATE C.C. NO. 2016051000056745 0. P. R. C. C. T. SOUTHWEST CORNER ROBERT WHITAKER SURVEY ABSTRACT NO. 1011 CALLED 10.630 ACRES KRISHNA & PADALA NAMBURI C.C. NO. 20071029001470870 O. P. R. C. C. T. C- Cl no-7r )��)) r -- EXHIBIT 1 DANIEL CALDERON I 54.06' I I v^` JOAQUIN &v VOLUME 2234, PAGE 499 D.R.C.C.T. � S G i I HUGO MARTINEZ L�$$�0 6 PG�� 6��0 C.C. N0. 0.P.R.C.C7000863910 T. 9 P 4 �y P syl' GP,\,v R� 00 � G (00?� GP��P ��5�5 rL0 Q �• � O�G ,�0 Q gyp. 0• SURVEYOR'S CER70CA7E The survey shown hereon is a true representation of the property as determined by a survey made on the ground and under my personal supervision. All visible improvements are as shown. There are no visible encroachments, conflicts, or protrusions, OF except as shown. This survey conforms to the Texas Board of Professional Land Surveyors' Minimum Standards of Practice, as adopted by the Board effective September 1, 2017. The property ..... c... ... ..... ....................:..... is subject to all easements of record. DAVID J. SURDUKAN ..................................... ..0 S U --- ------ --------------------- David J. Surdukan R.P.L.S. No. 4613 go M, °t K NORTH SCALE 1"= 40' 0 -0 -0 LEGEND C.M. = CONTROLLING MONUMENT CIRS = CAPPED 112" IRON ROD SET STAMPED "4613" CIRF = CAPPED IRON ROD FOUND GENERAL NOTES, 1. The surveyor has not abstracted subject property. 2. This survey is subject to all easements of record. 3. Copyright 2019, Surdukan Surveying, Inc. 4. The survey is being provided solely for the use of the current parties and that no licenses has been created, express or implied, to copy the survey except as is necessary in conjunction with the original transaction which shall take place within 3 months of the date of this survey. 5. The original copy will have original signatures, stamp seal and an impression seal. 6. The bearings shown on the north line (S 88°35'02" E) of the survey is based on the north line of the called 7.00 acre tract of land recorded in Instrument No. 20170316000338530, Official Public Records of Collin County, Texas. LEGAL DESCRIPTION BEING a tract of land situated in the Robert Whitaker Survey, Abstract No.1011. Collin County, Texas, and being all of a 7.00 acre tract conveyed to Jose H. Morales and Antonio Morales as recorded in Instrument No. 20170316000338530, Official Public Records of Collin County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at a capped 112" iron rod stamped "6578" found for corner at the southwest corner of said 7.00 acre tract, said iron rod being in Grasshopper Lane, said iron rod being N 27"20' E a distance of 1315±' from the southwest corner of the said Robert Whitaker Survey; THENCE N 01 "28'02" E a distance of 625.98' to a 112" iron rod found for corner, THENCE S 88°35'02" E a distance of 484.25' to a capped 112" iron rod found stamped 4488 for corner, THENCE S 01 °03'O8" W a distance of 627.46' to a capped 112" iron rod stamped 4488 found for corner, THENCE N 88°27'48" W a distance of 54.06' to a capped 112" iron rod stamped 4613 set for corner; THENCE N 88"24'21 " W a distance of 434.74' to the POINT OF BEGINNING and containing 304,921 Square Feet, 7.000 Acres of land. FLOOD NOTE This property falls in Zone X according to the Flood Insurance Rate Maps, Panel No. 48085CO070J, Map Revision June 2, 2009, as published by the Federal Emergence Management Agency. VICINITY YAP NOT TO SCALE DEVELOPMENT PLAT MORALES ESTATES BLOCK 1, LOT 1 BEING 7.000 ACRES 0 UT OF THE ROBERT WHITAKER SURVEY ABSTRACT NO. 1011 COLLIN COUNTY, TEXAS OWNER SURVEYOR JOSE H. MORALES SVRDUKAN SURVEYING, INC. & P.O. BOX 126 ANTONIO MORALES ANNA, TEXAS 75409 1334 PROGRESO DR (972) 924-8200 HOUSTON, TEXAS 77038 FIRM NO. 10069500 s II 11 N N E SCALE 1 " = 40' DATE. DECEMBER 2, 2019 JOB No. 2019-115 s s THE CITY OF Anna AGENDA ITEM: Item No. 13. City Council Agenda Staff Report Meeting Date: 1 /14/2020 Consider/Discuss/Action a Resolution authorizing the City Manager to approve purchase orders for the funding of Items 8 and 9 of a task order with Birkhoff Hendricks and Carter, LLP for the completion of a stormwater utility study. (Director of Public Works Greg Peters, P.E.) SUMMARY: At the November 12, 2019, City Council Meeting, staff presented the City Council with a discussion item related to stormwater utility studies. Completion of a stormwater utility rate study typically costs $80,000 - $110,000. Councilmember Bryan pointed out that there may have been some previous work completed on the matter by the City's consulting engineer. Staff conducted some research and contacted Birkhoff, Hendricks, and Carter, LLP to discuss what work had been done. Gary Hendricks with BHC confirmed that they had begun a Stormwater Masterplan Project in early 2018, but the project was placed on hold by the prior administration. The project has been on hold since. Staff has attached the original meeting agenda, resolution, task order, and meeting minutes to this item as Exhibit "A". The agenda and meeting minutes pertaining to the item are highlighted in yellow in the exhibit. Exhibit "B" is a copy of the signed resolution from 2018. Per the meeting minutes the full Task Order was approved by a vote of 7-0 at the March 27, 2018, City Council Meeting. The full task order cost was $88,000.00 and was to be funded through a 2017 budget amendment. It is staff's finding that the unspent portion of these funds are no longer available. In discussing the matter with Mr. Hendricks, BHC has agreed to complete the remaining task item, "Stormwater Utility Rate," for the original agreed upon task cost of $25,000.00. Staff has found that due to the significant work already completed on the project by BHC, and the limited remaining scope on this existing project, the most fiscally responsible and efficient manner to complete a stormwater utility rate study is to contract with BHC to complete the remaining tasks in the 2018 task order. Starting the process over with a new scope and/or a new consultant would cost significantly more money and require significantly more time to complete. Therefore, staff is recommending that the City Council approve a resolution to authorize Birkhoff Hendricks and Carter to complete the task order scope of "Stormwater Utility Rate," in an amount not to exceed $25,000. The project will be funded through the Utility Fund, and will be reimbursed by the Stormwater Utility if it is approved and created by the City Council. Strategic Connection This items supports the City ofAnna Strategic Plan, specifically advancing: Goal 3: Anna -A Great Place to Live STAFF RECOMMENDATION: Staff recommends approval of a Resolution authorizing the City Manager to approve purchase orders for the funding of Items 8 and 9 of a task order with Birkhoff Hendricks and Carter, LLP for the completion of a stormwater utility study. ATTACHMENTS: Description Upload Date Type Exhibit A - Original Task Order Background Information 1/6/2020 Backup Material Exhibit B - Signed 2018 Resolution - Original Task Order 1/6/2020 Backup Material Resolution and Task Order Stormwater Utility 1/6/2020 Resolution AGENDA THE CITY OF Regular City Council Meeting AAtia Tuesday, March 27, 2018 @ 7:30 P M 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 27, 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. a. Al SD Dr. Duncan presentation to Fire Department. b. Child Abuse Awareness Proclamation 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 March 13, 2018. (City Secretary) b. Approve a Resolution accepting the FY 2017 audit report. (Dana Thornhill) c. Approve a Resolution authorizing and designating the City Manager as the City's Authorized Official for the Child Abuse/Family Violence Investigator grant through the Office of the Governor. (Chief Caponera) d. Review minutes of the Park Board's January 22, 2018 and February 20, 2018 meetings (Maurice Schwanke). 6. Consider/Discuss/Action regarding a Resolution authorizing the City Manager to execute an engineering task order with Birkhoff, Hendricks & Carter, LLP for development of a Storm Water Master Plan. (Joseph Johnson) 7. Consider/Discuss/Action on Proposals for Primary Bank Depository Services. (Dana Thornhill) 8. Consider/Discuss/Action on accepting Joshua Vollmer's resignation from the Neighborhood Design Advisory Committee and filling the vacancy. (City Secretary) 9. Consider/Discuss/Action regarding a resolution to post food service establishment inspection health scores. 10. 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); city facilities c. Discuss or deliberate personnel matters (Tex. Gov't Code §551.074); City Attorney Annual Review, City Manager d. Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code §551.087); discuss lease of property held by Economic Development Corporation. 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. 11. 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). 12. 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 23, 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. 6. City Council Agenda Staff Report Meeting Date: 3/27/2018 Consider/Discuss/Action regarding a Resolution authorizing the City Manager to execute an engineering task order with Birkhoff, Hendricks & Carter, LLP for development of a Storm Water Master Plan. (Joseph Johnson) SUMMARY: A Storm Water Master Plan (SWMP) provides the basis for overall storm water system design and serves as a general guide for evaluating storm water discharges and infrastructure sizing within ajurisdiction. An SWMP typically includes a Capital Improvements Plan (Cl P) and may also include a Municipal Drainage Utility District Rate Analysis. This analysis may be used to create a Municipal Drainage Utility District, in accordance with Chapter 552 of the Texas Local Government Code, for the purposes of funding the CIP and the operation and maintenance (O&M) of the storm water conveyance system. Per staff's request, the City's engineering consultant (Birkhoff, Hendricks & Carter, LLP) has provided an engineering task order for the purposes of developing an SWMP for the City of Anna. The total fee for services to develop the SWMP is $88,000. Funding is available for this project in the Fiscal Year 17 budget reallocation using funds assigned for development of a Storm Water Master Plan. This project is consistent with the City's adopted Strategic Plan goal to upgrade City facilities & infrastructure with the specific sub -goal of developing a storm water master plan. STAFF RECOMMENDATION: Staff recommends approval of the Resolution authorizing the City Manager to execute an engineering task order with Birkhoff, Hendricks & Carter, LLP for development of a Storm Water Master Plan. ATTACHMENTS: Description Resolution Exhibit A - Task Order Upload Date Type 3/20/2018 Resolution 3/20/2018 Exhibit CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO ACT ON THE CITY'S BEHALF IN EXECUTING AN ENGINEERING SERVICE TASK ORDER WITH BIRKHOFF, HENDRICKS & CARTER, LLP FOR THE STORM WATER MASTER PLAN PROJECT. WHEREAS; The City has negotiated an engineering service task order with Birkhoff, Hendricks, and Carter, LLP for the development of a Storm Water Master Plan (the Project); and, WHEREAS; the Project provides the basis for properly developing, constructing and managing a storm water system consistent with the City's Strategic Plan; and, WHEREAS; the amount of the engineering consulting fee covering Basic Services for the project is for the lump sum and total not -to -exceed amount of $88,000.00; and WHEREAS; funding is available and assigned for the Project in the FY 17 budget reallocation; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval and Authorization of Engineering Service Task Order. The City Council hereby approves the Engineering Service Task Order with Birkhoff, Hendricks and Carter, LLP for the Storm Water Master Plan Project, attached hereto as Exhibit A, and authorizes, ratifies and approves the City Manager's execution of same, subject to final legal review and approval by the City Attorney. The City Manager is hereby authorized to execute all documents and to take all other actions necessary to finalize, act under, and enforce the task order agreement. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 27t" day of March 2018. ATTEST: APPROVED: City Secretary Carrie L. Smith Mayor Nate Pike RESOLUTION NO. STORM WATER MASTER PLAN TASK ORDER PAGE 1 OF 1 u BIRKHOFF, HENDRICKS & CARTER, L.L.P. PROFESSIONAL ENGINEERS 11910 Greenville Ave., Suite 600 Dallas, Texas 75243 JOHN W. BIRKHOFF, P.E. GARY C. HENDRICKS, P.E. JOE R. CARTER, P.E. MATT HICKEY, P.E. ANDREW MATA, JR., P.E. JOSEPH T. GRAJEWSKI, III, P.E. DEREK B. CHANEY, P.E. CRAIG M. KERKHOFF, P.E. Mr. Bill Shipp Interim City Manager City of Anna I I I North Powell Parkway Anna, Texas 75409 Re: General Engineering Services — Task Order 2018 Storm Water Master Plan Dear Mr. Shipp: Phone (214) 361-7900 March 15, 2018 www.bhcllp.com In accordance with your request and our existing general engineering services agreement, we are pleased to submit this General Services Task Order letter for services related to: 2018 Storm Water Master Plan GENERAL PROJECT DESCRIPTION Project will include the preparation of a Storm Water Master Plan for the City of Anna. The specific geographic limits of the study are shown in Exhibit 1. The Storm Water Master Plan will generate a general guide to storm water discharges and infrastructure sizing at the major roadway crossings, as indicated on the City's Master Thoroughfare Plan. Based on the estimated sizing of the storm water infrastructure, a Storm Water CIP and Municipal Drainage Utility District will be developed. This master plan is a general guide to overall storm water design and an aid to developing the Capital Improvements Plan. It does not replace the need for detailed engineering design at the time of construction for public or private improvements. Mr. Bill Shipp Engineering Services Task Order -2018 Storm Water Master Plan March 15, 2018 Page 2 of 6 Part I: Scope of Service 1. Project initiation meeting Meet with necessary City staff including public works, planning, finance, parks and recreation, fire, police and management to: a. Outline existing storm water infrastructure needs and determine areas of concern within the City b. Establish project schedule and milestones c. Gather necessary initial information from the City. 2. Utilizing NCTCOG aerial contours and USGS maps, identify Major and Minor Drainage Basins 3. Prepare a Drainage Area Map 4. Quantification of the existing storm water discharge rates and design storm water run-off for each basin. City's current Master Thoroughfare plan will be referenced to determine the ultimate configuration of the roadway at the proposed drainage crossing. 5. Estimate storm sewer size for fully developed flows for the purposes of generating opinions of probable construction cost. These estimations do not replace the requirement of a complete engineering evaluation and design at the time that the specific storm drainage entity is to be constructed. 6. Prepare preliminary engineering for areas of drainage concern identified by the City that are in addition to storm sewer sizing at thoroughfare crossings (i.e. erosion rehabilitation, flood study, etc.). Purpose of preliminary engineering will be to develop preliminary scope and opinion of probable construction cost. 7. Develop Capital Improvement Plan for the Storm Water Master Plan, including conceptual level project budgets and overall project map. 8. Analyze, develop and prepare a Municipal Drainage Utility District Rate Analysis in accordance with the requirement of the Texas Municipal Drainage Utility System Act, Texas Local Government Code Chapter 552. Including: a. Reviewing the existing zoning and land use data to quantify existing and future land uses. TBPE Firm 526 ACEC Wellness Firm =;�, Better Decisions -Better Designs TBPLS Firm 100318-00 1A7015 contdev\anm\2018 stormwater master plan\2018 stormwater master plan -task orderdocx Mr. Bill Shipp Engineering Services Task Order -2018 Storm Water Master Plan March 15, 2018 Page 3 of 6 b. Reviewing the City's Comprehensive Plan and consider elements of the Plan in the development of the Storm Water CIP. The 10-year residential and non-residential growth projections provided by the City of Anna will be utilized in the rate analysis. c. Meeting with the City of Anna Director of Finance to identify options for long-term financing and implementation of the Storm Water CIP. d. Determining the drainage system annual operation and maintenance. Efforts include: i. Meet with the City Director of Public Works and Director of Finance to develop an annual five (5) year storm drainage system operation and maintenance budget. Items necessary to operate and maintain the functionality of the City's Storm Water System include, but are not limited to: 1. Storm Water Management Plan annual inspection cost (if any) 2. Personnel cost associated with storm water management including: a. General management cost b. Floodplain administration cost c. Public Works personnel cost 3. Channel cleaning and maintenance 4. Mowing of drainage channels and roadway ditches 5. Street Sweeping/Cleaning 6. Annual Storm Water system repairs and maintenance cost 7. Legal Consultation and/or outside management fees e. User Fee Categories Develop standardized user fee category and equivalency tabulation. The equivalency tabulation will be based on normally acceptable storm water run-off coefficients based on each user fee category established, or as directed by the City: i. Single Family Residential ii. Multifamily Residential iii. Commercial and Retail iv. Industrial v. Institutional vi. Undeveloped land TBPE Firm 526 ACEC Wellness Firm =;�, Better Decisions -Better Designs TBPLS Firm 100318-00 1A7015 contdev\anm\2018 stormwater master plan\2018 stormwater master plan -task order.docx Mr. Bill Shipp Engineering Services Task Order -2018 Storm Water Master Plan March 15, 2018 Page 4 of 6 f. Storm Water Utility Fee Rate i. Analyze and develop up to three (3) options for the storm water utility rate structures for each rate categories. ii. The storm water utility rate structure(s) will be based on the annualized cost of implementing the storm capital improvement plan plus the annualized cost of operation and maintenance for the storm water utility system. 9. Reporting Prepare and deliver Storm Water Master Plan report outlining the resources utilized, presenting recommendations on the drainage system capital improvement plan, estimates for annual operation and maintenance cost, system funding assumptions, user fee categories and equivalency tables, and the recommended rate options. Five (5) hard copy sets and one electronic file version of the report will be submitted for review at the 90% complete stage; Fifteen (15) hard copy seta and one electronic file version of the Final Report will delivered at the 100% stage after city review and comments. 10. Meetings: Seven (7) meetings with City staff are included as follows: a. Project initiation meeting with City staff b. Capital Improvement Plan Review Meeting with Public Works Staff c. Meeting with Directors of Public Works and Finance for CIP funding options and Annual Operation and Maintenance needs. d. 30% review meeting — Storm Water basins, flows, preliminary estimates e. 60% review meeting — Storm Water CIP, Mapping, Finance Options, rate categories f. 90% review meeting — rate structure options g. One (1) public hearing on the proposed storm water utility rate structure. 11. Deliverables a. Deliver five (5) sets of draft report (90%) for City review b. Prepare and deliver one unbound original set of the final report capable of reproduction by the City c. Provide fifteen (15) sets of the Final Report (bound) d. Deliver electronic files of the report material in MS Office 2010 format TBPE Firm 526 ACEC Wellness Firm =;�, Better Decisions -Better Designs TBPLS Firm 100318-00 1A7015 contdev\anm\2018 stormwater master plan\2018 stormwater master plan -task order.docx Mr. Bill Shipp Engineering Services Task Order -2018 Storm Water Master Plan March 15, 2018 Page 5 of 6 Part II: Exclusions: The intent of this scope of services is to include only the services specifically listed herein and none others. Services specifically excluded from this scope of services include, but are not necessarily limited to the following: 1) Development or preparation of the Municipal Drainage Utility District ordinance. 2) Legal Advice or Attorney Fees 3) Fees for advertising the public notices. 4) Fiduciary responsibility to the Client. 5) Consulting services by others not included in Scope of Services. 6) Integration of Drainage Fee structure into the City's Utility Billing System 7) Annual Audits of the Municipal Drainage Utility District revenues and expenditures Part III: City Provided Items 1) The City of Anna agrees to provide the following information and task: a. Existing Zoning and Land Use Plan b. Current Comprehensive Plan c. Ten (10) year residential and non-residential growth projections d. Assistance in developing annual operation and maintenance cost Part IV: Completion Schedule The Project Schedule is expected to be six (6) months from notice to proceed TBPE Firm 526 ACEC Wellness Firm =;�, Better Decisions -Better Designs TBPLS Firm 100318-00 1A7015 contdev\anm\2018 stormwater master plan\2018 stormwater master plan -task orderdocx Mr. Bill Shipp Engineering Services Task Order -2018 Storm Water Master Plan March 15, 2018 Page 6 of 6 Part V: Compensation Schedule For the Scope of Services described above, the engineer shall be compensated on a lump sum basis in the following amounts: Basin Mapping, Delineation, $45,000 Quantification and Prelim Engineering Storm Water CIP $18,000 Storm Water Utility Rate $25,000 Total Basic Services $88,000 Lump Sum Fee Expenses will be billed at actual invoice cost times 1.15. Automobile mileage for special services will be invoiced at $0.50 per mile. If this General Engineering Services Agreement Task Order meets with your approval, please sign and return one set to our office along with your directive to proceed. We look forward to working with you on this important project for the City of Anna and are available to discuss this task further at your convenience. Sincerely yours, Craig M. Kerkhoff, P.E., C.F.M. APPROVED FOR THE CITY OF ANNA, TEXAS Mr. Bill Shipp, Interim City Manager Date cc: Mr. Joseph Johnson, Director of Public Works Mr. Clark McCoy, Wolfe, Tidwell & McCoy, L.L.P. TBPE Firm 526 ACEC Wellness Firm =;�, Better Decisions -Better Designs TBPLS Firm 100318-00 1A7015 contdev\anm\2018 stormwater master plan\2018 stormwater master plan -task orderdocx CITY OF NNA, TEXAS RESOLUTION NO. <�=6 4 A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO ACT ON THE CITY'S BEHALF IN EXECUTING AN ENGINEERING SERVICE TASK ORDER WITH BIRKHOFF, HENDRICKS & CARTER, LLP FOR THE STORM WATER MASTER PLAN PROJECT, WHEREAS; The City has negotiated an engineering service task order with Birkhoff, Hendricks, and Carter, LLP for the development of a Storm Water Master Plan (the Project); and, WHEREAS; the Project provides the basis for properly developing, constructing and managing a storm water system consistent with the City's Strategic Plan; and, WHEREAS; the amount of the engineering consulting fee covering Basic Services for the project is for the lump sum and total not -to -exceed amount of $88,000,00; and WHEREAS; funding is available and assigned for the Project in the FY 17 budget reallocation; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval and Authorization of Engineering Service Task Order. The City Council hereby approves the Engineering Service Task Order with Birkhoff, Hendricks and Carter, LLP for the Storm Water Master Plan Project, attached hereto as Exhibit A, and authorizes, ratifies and approves the City Manager's execution of same, subject to final legal review and approval by the City Attorney, The City Manager is hereby authorized to execute all documents and to take all other actions necessary to finalize, act under, and enforce the task order agreement. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 27th day of March 2018. (mil. City Secretary Carrie L. Smith 01,cw00 n RESOLUTION NO. Y STORM WATER MASTER 131AN TASK ORDER yor Nate Pike PAGE 1 OF 1 ANNACITYCOUNCIL MINUTES REGULAR SESSION March 27, 2018 1. Call to Order/Roll Call and Establishment of Quorum Mayor Pike called the meeting to order at 7:30 p.m. All Council 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. Bill Warden, 1513 Black Willow - Requested the fire hydrant in front of his house be repaired. Kevin Toten, 2800 Pecan Grove Drive - requested control of traffic flow on Foster Crossing. William Morgan, 2019 Helmoken Falls Drive - With regards to agenda item number 6, he opposes charging residents for water runoff. 4. Receive reports from Staff or the City Council about items of community interest. Items of community interest include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen (but not including a change in status of a person's public office or public employment); a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. a. Al SD Dr. Duncan presentation to Fire Department. Dr. Duncan thanked the Fire Department for hosting an emergency preparedness and first aid workshop day with Boy Scouts Troop 592. b. Child Abuse Awareness Proclamation Mayor Pike proclaimed April as Child Abuse Awareness Month. Discussion was held involving recent unfounded concerns of imminent threat to safety regarding utility system. 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 March 13, 2018. (City Secretary) b. Approve a Resolution accepting the FY 2017 audit report. (Dana Thornhill) A RESOLUTION ACCEPTING THE FISCAL YEAR 2017 FINANCIAL AUDIT OF THE CITY OF ANNA. c. Approve a Resolution authorizing and designating the City Manager as the City's Authorized Official for the Child Abuse/Family Violence Investigator grant through the Office of the Governor. (Chief Caponera) A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND DESIGNATING THE CITY MANAGER AS THE GRANTEE'S AUTHORIZED OFFICIAL OF THE GRANT APPLICATION FOR THE CHILD ABUSE/FAMILY VIOLENCE INVESTIGATOR PROJECT TO THE OFFICE OF THE GOVERNOR, CRIMINAL JUSTICE DIVISION. d. Review minutes of the Park Board's January 22, 2018 and February 20, 2018 meetings (Maurice Schwanke). MOTION: Council Member Bryan moved to approve the Consent Agenda. Council Member Martinez seconded. Motion carried 7-0. 6. Consider/Discuss/Action regarding a Resolution authorizing the City Manager to execute an engineering task order with Birkhoff, Hendricks & Carter, LLP for development of a Storm Water Master Plan. (Joseph Johnson) A Storm Water Master Plan (SWMP) provides the basis for overall storm water system design and serves as a general guide for evaluating storm water discharges and infrastructure sizing within a jurisdiction. An SWMP typically includes a Capital Improvements Plan (Cl P) and may also include a Municipal Drainage Utility District Rate Analysis. This analysis may be used to create a Municipal Drainage Utility District, in accordance with Chapter 552 of the Texas Local Government Code, for the purposes of funding the CIP and the operation and maintenance (O&M) of the storm water conveyance system. Per staff's request, the City's engineering consultant (Birkhoff, Hendricks & Carter, LLP) has provided an engineering task order for the purposes of developing an SWMP for the City of Anna. The total fee for services to develop the SWMP is $88,000. Funding is available for this project in the Fiscal Year 17 budget reallocation using funds assigned for development of a Storm Water Master Plan. This project is consistent with the City's adopted Strategic Plan goal to upgrade City facilities & infrastructure with the specific sub -goal of developing a storm water master plan. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO ACT ON THE CITY'S BEHALF IN EXECUTING AN ENGINEERING SERVICE TASK ORDER WITH BIRKHOFF, HENDRICKS & CARTER, LLP FOR THE STORM WATER MASTER PLAN PROJECT. MOTION: Council Member Burr moved to approve. Council Member Martinez seconded. Motion carried 7-0. 7. Consider/Discuss/Action on Proposals for Primary Bank Depository Services. (Dana Thornhill) The City received two proposals for primary bank depository services, one being Independent Bank, the City's current depository bank, and the other being Landmark Bank. A RESOLUTION OF THE CITY OF ANNA, TEXAS AWARDING THE PRIMARY DEPOSITORY BANK SERVICES CONTRACT TO INDEPENDENT BANK AND AUTHORIZING THE CITY MANAGER TO ACT ON THE CITY'S BEHALF IN EXECUTING THE AGREEMENTS NECESSARY FOR PRIMARY DEPOSITORY BANK. MOTION: Mayor Pike moved to approve. Council Member Beazley seconded. Motion carried 7-0. 8. Consider/Discuss/Action on accepting Joshua Vollmer's resignation from the Neighborhood Design Advisory Committee and filling the vacancy. (City Secretary) Mr. Josh Vollmer submitted his resignation from the Neighborhood Design Advisory Committee to the Council. Council Member Miller was asked to re -appoint a member to the Committee. His appointment was Erin Thompson. 9. Consider/Discuss/Action regarding a resolution to post food service establishment inspection health scores. Like many other municipalities in Collin County, Texas, the City relies on the Collin County Development Services Department (the "Department") to conduct health inspections of food service establishments within the City. The Department periodically supplies the City's Planning Department with results of such service inspections but there is currently no readily available source of this information for the public to access on the internet. Making this information available for public access on the internet is intended to encourage heightened food -safety and handling practices by food service establishments within the City and is consistent with the City's strategic goals of transparency, customer focus and innovation. Staff recommends that the City Council delegate to the City Manager the task of setting forth procedures and methods to publish on the City's website the food service establishment inspection health scores reported to the City by the Department. The resolution includes the specifics of how this delegation would be accomplished. A RESOLUTION OF THE CITY OF ANNA, TEXAS, AUTHORIZING INTERNET WEBSITE POSTING OF COLLIN COUNTY DEVELOPMENT SERVICES INSPECTION SCORES FOR FOOD SERVICE ESTABLISHMENTS MOTION: Council Member Martinez moved to approve. Council Member Miller seconded. Motion carried 7-0. 10. 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); city facilities c. Discuss or deliberate personnel matters (Tex. Gov't Code §551.074); City Attorney Annual Review, City Manager d. Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code §551.087); discuss lease of property held by Economic Development Corporation. MOTION: Council Member Bryan moved to enter closed session. Council Member Martinez seconded. Motion carried 7-0. Mayor Pike recessed the open meeting at 8:43 p.m. Mayor Pike reconvened the open meeting at 9:43 p.m. 11. Consider/Discuss/Action on any items listed on the posted agenda or any closed session occurring during this meeting, as necessary None. 12. Adjourn. Mayor Pike adjourned the meeting at 9:43 p.m. Approved on the March 23, 2018. Mayor Nate Pike ATTEST: City Secretary Carrie L. Smith CITY OF NNA, TEXAS RESOLUTION NO. <�=6 4 A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO ACT ON THE CITY'S BEHALF IN EXECUTING AN ENGINEERING SERVICE TASK ORDER WITH BIRKHOFF, HENDRICKS & CARTER, LLP FOR THE STORM WATER MASTER PLAN PROJECT, WHEREAS; The City has negotiated an engineering service task order with Birkhoff, Hendricks, and Carter, LLP for the development of a Storm Water Master Plan (the Project); and, WHEREAS; the Project provides the basis for properly developing, constructing and managing a storm water system consistent with the City's Strategic Plan; and, WHEREAS; the amount of the engineering consulting fee covering Basic Services for the project is for the lump sum and total not -to -exceed amount of $88,000,00; and WHEREAS; funding is available and assigned for the Project in the FY 17 budget reallocation; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval and Authorization of Engineering Service Task Order. The City Council hereby approves the Engineering Service Task Order with Birkhoff, Hendricks and Carter, LLP for the Storm Water Master Plan Project, attached hereto as Exhibit A, and authorizes, ratifies and approves the City Manager's execution of same, subject to final legal review and approval by the City Attorney, The City Manager is hereby authorized to execute all documents and to take all other actions necessary to finalize, act under, and enforce the task order agreement. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 27th day of March 2018. (mil. City Secretary Carrie L. Smith 01,cw00 n RESOLUTION NO. Y STORM WATER MASTER 131AN TASK ORDER yor Nate Pike PAGE 1 OF 1 CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE CITY MANAGER TO APPROVE PURCHASE ORDERS TO FUND PART I, ITEM 8 AND ITEM 9, OF A TASK ORDER FOR A STORMWATER MASTER PLAN TO BIRKHOFF HENDRICKS AND CARTER, L.L.P. IN AN AMOUNT NOT TO EXCEED TWENTY-FIVE THOUSAND DOLLARS AND ZERO CENTS ($25,000.00); AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the completion of a stormwater utility study is included in the City Council's Strategic Plan for the City of Anna, Texas; and, WHEREAS, On March 27, 2018 the City Council of the City of Anna, Texas approved Resolution 2018-03-422 to execute a task order with Birkhoff Hendricks and Carter, LLP for a Stormwater Master Plan Project; and, WHEREAS, Birkhoff Hendricks and Carter, LLP previously completed portions of the approved Task Order pertaining to the analysis of the City's drainage basins and the development of a Stormwater Master Plan; and, WHEREAS, Part I, Item 8 and Item 9 of the Task Order will require funds in the amount of $25,000.00 as shown in Exhibit "A" attached hereto; and, WHEREAS, the project has been on hold for a period and the funds required to complete Part I, Item 8 of the task order are no longer available; and, WHEREAS, the funding source for the project shall be the Utility Fund; which shall be reimbursed by a City of Anna Stormwater Utility if one is created in the future; and, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Authorization of Contracts and Funding. That the City Manager is hereby authorized to approve purchase orders in an amount not to exceed $25,000.00 That said City funding portion shall come from the Utility Fund. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 14tn day of January 2020. ATTEST: APPROVED: City Secretary, Carrie L. Smith Mayor, Nate Pike u BIRKHOFF, HENDRICKS & CARTER, L.L.P. PROFESSIONAL ENGINEERS 11910 Greenville Ave., Suite 600 Dallas, Texas 75243 JOHN W. BIRKHOFF, P.E. GARY C. HENDRICKS, P.E. JOE R. CARTER, P.E. MATT HICKEY, P.E. ANDREW MATA, JR., P.E. JOSEPH T. GRAJEWSKI, III, P.E. DEREK B. CHANEY, P.E. CRAIG M. KERKHOFF, P.E. Mr. Bill Shipp Interim City Manager City of Anna I I I North Powell Parkway Anna, Texas 75409 Re: General Engineering Services — Task Order 2018 Storm Water Master Plan Dear Mr. Shipp: Phone (214) 361-7900 March 15, 2018 www.bhcllp.com In accordance with your request and our existing general engineering services agreement, we are pleased to submit this General Services Task Order letter for services related to: 2018 Storm Water Master Plan GENERAL PROJECT DESCRIPTION Project will include the preparation of a Storm Water Master Plan for the City of Anna. The specific geographic limits of the study are shown in Exhibit 1. The Storm Water Master Plan will generate a general guide to storm water discharges and infrastructure sizing at the major roadway crossings, as indicated on the City's Master Thoroughfare Plan. Based on the estimated sizing of the storm water infrastructure, a Storm Water CIP and Municipal Drainage Utility District will be developed. This master plan is a general guide to overall storm water design and an aid to developing the Capital Improvements Plan. It does not replace the need for detailed engineering design at the time of construction for public or private improvements. Mr. Bill Shipp Engineering Services Task Order -2018 Storm Water Master Plan March 15, 2018 Page 2 of 6 Part I: Scope of Service 1. Project initiation meeting Meet with necessary City staff including public works, planning, finance, parks and recreation, fire, police and management to: a. Outline existing storm water infrastructure needs and determine areas of concern within the City b. Establish project schedule and milestones c. Gather necessary initial information from the City. 2. Utilizing NCTCOG aerial contours and USGS maps, identify Major and Minor Drainage Basins 3. Prepare a Drainage Area Map 4. Quantification of the existing storm water discharge rates and design storm water run-off for each basin. City's current Master Thoroughfare plan will be referenced to determine the ultimate configuration of the roadway at the proposed drainage crossing. 5. Estimate storm sewer size for fully developed flows for the purposes of generating opinions of probable construction cost. These estimations do not replace the requirement of a complete engineering evaluation and design at the time that the specific storm drainage entity is to be constructed. 6. Prepare preliminary engineering for areas of drainage concern identified by the City that are in addition to storm sewer sizing at thoroughfare crossings (i.e. erosion rehabilitation, flood study, etc.). Purpose of preliminary engineering will be to develop preliminary scope and opinion of probable construction cost. 7. Develop Capital Improvement Plan for the Storm Water Master Plan, including conceptual level project budgets and overall project map. 8. Analyze, develop and prepare a Municipal Drainage Utility District Rate Analysis in accordance with the requirement of the Texas Municipal Drainage Utility System Act, Texas Local Government Code Chapter 552. Including: a. Reviewing the existing zoning and land use data to quantify existing and future land uses. TBPE Firm 526 ACEC Wellness Firm =;�, Better Decisions -Better Designs TBPLS Firm 100318-00 1A7015 contdev\anm\2018 stormwater master plan\2018 stormwater master plan -task orderdocx Mr. Bill Shipp Engineering Services Task Order -2018 Storm Water Master Plan March 15, 2018 Page 3 of 6 b. Reviewing the City's Comprehensive Plan and consider elements of the Plan in the development of the Storm Water CIP. The 10-year residential and non-residential growth projections provided by the City of Anna will be utilized in the rate analysis. c. Meeting with the City of Anna Director of Finance to identify options for long-term financing and implementation of the Storm Water CIP. d. Determining the drainage system annual operation and maintenance. Efforts include: i. Meet with the City Director of Public Works and Director of Finance to develop an annual five (5) year storm drainage system operation and maintenance budget. Items necessary to operate and maintain the functionality of the City's Storm Water System include, but are not limited to: 1. Storm Water Management Plan annual inspection cost (if any) 2. Personnel cost associated with storm water management including: a. General management cost b. Floodplain administration cost c. Public Works personnel cost 3. Channel cleaning and maintenance 4. Mowing of drainage channels and roadway ditches 5. Street Sweeping/Cleaning 6. Annual Storm Water system repairs and maintenance cost 7. Legal Consultation and/or outside management fees e. User Fee Categories Develop standardized user fee category and equivalency tabulation. The equivalency tabulation will be based on normally acceptable storm water run-off coefficients based on each user fee category established, or as directed by the City: i. Single Family Residential ii. Multifamily Residential iii. Commercial and Retail iv. Industrial v. Institutional vi. Undeveloped land TBPE Firm 526 ACEC Wellness Firm =;�, Better Decisions -Better Designs TBPLS Firm 100318-00 1A7015 contdev\anm\2018 stormwater master plan\2018 stormwater master plan -task order.docx Mr. Bill Shipp Engineering Services Task Order -2018 Storm Water Master Plan March 15, 2018 Page 4 of 6 f. Storm Water Utility Fee Rate i. Analyze and develop up to three (3) options for the storm water utility rate structures for each rate categories. ii. The storm water utility rate structure(s) will be based on the annualized cost of implementing the storm capital improvement plan plus the annualized cost of operation and maintenance for the storm water utility system. 9. Reporting Prepare and deliver Storm Water Master Plan report outlining the resources utilized, presenting recommendations on the drainage system capital improvement plan, estimates for annual operation and maintenance cost, system funding assumptions, user fee categories and equivalency tables, and the recommended rate options. Five (5) hard copy sets and one electronic file version of the report will be submitted for review at the 90% complete stage; Fifteen (15) hard copy seta and one electronic file version of the Final Report will delivered at the 100% stage after city review and comments. 10. Meetings: Seven (7) meetings with City staff are included as follows: a. Project initiation meeting with City staff b. Capital Improvement Plan Review Meeting with Public Works Staff c. Meeting with Directors of Public Works and Finance for CIP funding options and Annual Operation and Maintenance needs. d. 30% review meeting — Storm Water basins, flows, preliminary estimates e. 60% review meeting — Storm Water CIP, Mapping, Finance Options, rate categories f. 90% review meeting — rate structure options g. One (1) public hearing on the proposed storm water utility rate structure. 11. Deliverables a. Deliver five (5) sets of draft report (90%) for City review b. Prepare and deliver one unbound original set of the final report capable of reproduction by the City c. Provide fifteen (15) sets of the Final Report (bound) d. Deliver electronic files of the report material in MS Office 2010 format TBPE Firm 526 ACEC Wellness Firm =;�, Better Decisions -Better Designs TBPLS Firm 100318-00 1A7015 contdev\anm\2018 stormwater master plan\2018 stormwater master plan -task order.docx Mr. Bill Shipp Engineering Services Task Order -2018 Storm Water Master Plan March 15, 2018 Page 5 of 6 Part II: Exclusions: The intent of this scope of services is to include only the services specifically listed herein and none others. Services specifically excluded from this scope of services include, but are not necessarily limited to the following: 1) Development or preparation of the Municipal Drainage Utility District ordinance. 2) Legal Advice or Attorney Fees 3) Fees for advertising the public notices. 4) Fiduciary responsibility to the Client. 5) Consulting services by others not included in Scope of Services. 6) Integration of Drainage Fee structure into the City's Utility Billing System 7) Annual Audits of the Municipal Drainage Utility District revenues and expenditures Part III: City Provided Items 1) The City of Anna agrees to provide the following information and task: a. Existing Zoning and Land Use Plan b. Current Comprehensive Plan c. Ten (10) year residential and non-residential growth projections d. Assistance in developing annual operation and maintenance cost Part IV: Completion Schedule The Project Schedule is expected to be six (6) months from notice to proceed TBPE Firm 526 ACEC Wellness Firm =;�, Better Decisions -Better Designs TBPLS Firm 100318-00 1A7015 contdev\anm\2018 stormwater master plan\2018 stormwater master plan -task orderdocx Mr. Bill Shipp Engineering Services Task Order -2018 Storm Water Master Plan March 15, 2018 Page 6 of 6 Part V: Compensation Schedule For the Scope of Services described above, the engineer shall be compensated on a lump sum basis in the following amounts: Basin Mapping, Delineation, $45,000 Quantification and Prelim Engineering Storm Water CIP $18,000 Storm Water Utility Rate $25,000 Total Basic Services $88,000 Lump Sum Fee Expenses will be billed at actual invoice cost times 1.15. Automobile mileage for special services will be invoiced at $0.50 per mile. If this General Engineering Services Agreement Task Order meets with your approval, please sign and return one set to our office along with your directive to proceed. We look forward to working with you on this important project for the City of Anna and are available to discuss this task further at your convenience. Sincerely yours, Craig M. Kerkhoff, P.E., C.F.M. APPROVED FOR THE CITY OF ANNA, TEXAS Mr. Bill Shipp, Interim City Manager Date cc: Mr. Joseph Johnson, Director of Public Works Mr. Clark McCoy, Wolfe, Tidwell & McCoy, L.L.P. TBPE Firm 526 ACEC Wellness Firm =;�, Better Decisions -Better Designs TBPLS Firm 100318-00 1A7015 contdev\anm\2018 stormwater master plan\2018 stormwater master plan -task orderdocx THE CITY OF Anna AGENDA ITEM: Item No. 14. City Council Agenda Staff Report Meeting Date: 1 /14/2020 Consider/Discuss/Action on a Resolution of the City of Anna, Texas electing to not auto -renew the Solid Waste Collection and Disposal Contract with Bradshaw & Sons Trash Service; and providing for an effective date. (Director of Public Works Greg Peters, P.E.) SUMMARY: The City of Anna entered into a Solid Waste Collection and Disposal Contract with Bradshaw & Sons Trash Service on July 24, 2018. The Contract is attached as Exhibit "A." Section 20.00 TERM of the contract identifies the length of the initial contract, concluding on August 31, 2020, and three 1-year periods of auto -renewal. In accordance with the contract either party may elect to not renew by providing notice in writing to the other party not less than 120 days prior to the expiration date. Over the past two years the City of Anna has experienced significant growth, and this growth is expected to continue. Growing cities often need to make changes to their service contracts as the needs of the community change. Meeting the needs of our neighbors is of the utmost importance. Staff has reviewed the current contract and has determined that it is in the best interest of the City of Anna to conduct a public Request for Proposal (RFP) process to evaluate and identify solid waste collection and disposal services which will best meet the needs of the City. Completion of a formal RFP process will allow the City to ensure that the needs of the growing community are being met. Bradshaw & Sons Trash Service are eligible to participate in the RFP process and submit their proposal, along with all other solid waste companies able to meet the requirements of the RFP. The attached resolution authorizes the City Manager to issue a formal notice to Bradshaw & Sons Trash Service of this decision. Under the terms of the contract, Bradshaw & Sons Trash Service will remain the provider of services to the City of Anna until August 31, 2020. If approved by the City Council, staff will proceed with conducting a formal RFP process for solid waste collection and disposal services. It is imperative that this action is executed early, so in the event that we secure a new vendor there will be sufficient time to execute a transition plan. Strategic Connection This items supports the City of Anna Strategic Plan, specifically advancing: Goal 4: High Performing, Professional City STAFF RECOMMENDATION: Staff recommends approval of a Resolution of the City of Anna, Texas electing to not auto -renew the Solid Waste Collection and Disposal Contract with Bradshaw & Sons Trash Service; and providing for an effective date. ATTACHMENTS: Description Upload Date Type Resolution and Exhibit - Solid Waste Services 1 /7/2020 Resolution Exhibit A - Current Contract 1 /7/2020 Exhibit CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS ELECTING TO NOT AUTO -RENEW THE SOLID WASTE COLLECTION AND DISPOSAL CONTRACT WITH BRADSHAW & SONS TRASH SERVICE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Anna entered into a Solid Waste Collection and Disposal Contract with Bradshaw & Sons Trash Service on July 24, 2018 attached hereto as Exhibit "A"; and, WHEREAS, Section 20.00 TERM identifies the length of the initial contract, concluding on August 31, 2020, and three 1-year periods of auto -renewal; and, WHEREAS, in accordance with the contract either party may elect to not renew by providing notice in writing to the other party not less than 120 days prior to the expiration date; and, WHEREAS, the City Council of the City of Anna, Texas has determined that it is in the best interest of the City of Anna to conduct a public Request for Proposal process to evaluate and identify solid waste collection and disposal services for the City; and, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Authorization of Written Notice. That the City Manager is hereby authorized to provide written notice to Bradshaw & Sons Trash Service that the City elects to not auto -renew the current contract, said notice to be done via certified mail, and not less than 120 days prior to the expiration of the contract in accordance with Section 20.00 TERM of the current Solid Waste Collection and Disposal Contract, attached hereto as Exhibit "A." PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 14t" day of January 2020. ATTEST: APPROVED: City Secretary, Carrie L. Smith Mayor, Nate Pike Exhibit A (see next page) SOLID WASTE COLLECTION AND DISPOSAL CONTRACT THIS SOLID WASTE COLLECTION �DISpOSAL CONTRACT (this "Contract") for collection and disposal is made and entered into this day of % 2018, by and between the CITY OF ANNA, TEXAS, a home -rule municipality (t e "Cit and JOE W. BRADSHAW, an individual, doing business as "Bradshaw & Son Trash Service" (the "Contractor"). 1.00. DEFINITIONS 1.01 Apartment Complex: A multi -family residential development with more than four residential living units. 1.02 Bulky Waste: As relates to collection of Waste from Residential and Commercial Hand Collect Units only, items such as stoves, water tanks, appliances/white goods, furniture, Construction Debris and other Waste in weights or volumes greater than those allowed for Polycarts, but not including Dead Animals, Unacceptable Waste, or Stable Matter, 1.03 Bundle: Tree, shrub and brush trimmings or newspapers and magazines securely tied together forming an easily handled package not exceeding four feet in length, and 50 lbs. in weight. No tree trunks or limbs in excess of six Inches In diameter. 1.04 CCU: The City of Anna, Texas 1.05 Commercial Hand Collect Unit: A retail or light commercial type of business, which generates no more than one cubic yard of Refuse per week. 1.06 Commercial Hand Collect Customer: An occupant or owner of a Commercial Hand Collect Unit located within the Contract Area, 1.07 Commercial or Industrial Unit: Any Apartment Complex and all commercial and/or industrial businesses and establishments, including, but not limited to, stores, offices, restaurants, warehouses, and manufacturing facilities, premises, locations or entities, public or private, within the corporate limits of the City and not a Residential Unit or Commercial Hand Collect Unit, 1.08 Commercial or Industrial Customer: An occupant or owner of a Commercial or Industrial Unit located within the Contract Area, 1.09 Commodity: Material that can be sold in a spot or future market for processing and use or reuse. 1.10 Commodity Buffer: A buyer or processor selected by Contractor —pursuant to the terns of this Contract —of Recyclable Materials delivered by Contractor. 1.11 Complaint: A communication from a Customer concerning service, which upon investigation by Contractor or the City, is determined to be correct and shall prompt some action by Contractor or the City as determined under this Contract. 1,12 Construction Debris: Waste building materials resulting from construction, remodeling, repair, or demolition operations. 1,13 Contract Documents: This Contract and the Performance Bond, 1.14 Contract Area: The area within the corporate boundaries of the City at any given time during the term of this Contract. SOLID WASTE GOLLPCTION AND DISPOSAL CONTRACT Page 1 of 17 Contractor's Initials ,��_. 1.15 Customer: An occupant or owner of a Residential Unit, Commercial Hand Collect Unit, or Commercial or Industrial Unit located within the Contract Area, 1.16 Disposal site: See Landfill (Sall k I y). 1.17 Dumpster: Metal receptacle designed to be lifted and emptied mechanically for use only at Commercial or Industrial Units, 1.18 Employee: Any full-time or part-time employee of Contractor. 1.19 Garbage: Any and all dead animals of less than 10 Ibs, In weight, except those slaughtered for human consumption; every accumulation of waste (animal, vegetable and/or other matter that results from the preparation, processing, consumption, dealing in, handling, packing, canning, storage, transportation, decay or decomposition of meats, fish, fowl, birds, fruits, grains or other animal or vegetable matter (including, but not by way of limitation, used tin cans and other food containers; and all putrescible or easily decomposable waste animal or vegetable matter which is likely to attract flies or rodents); except (in all cases) any matter included in the definition of Construction Debris, Dead Animals, Hazardous Waste, Rubbish or Stable Matter. 1.20 Hazardous Waste: Solid Wastes regulated as hazardous under the Resource Conservation and Recovery Act, 42 U.S.C. Section 1002, et seq., as amended, or regulated as toxic under the Toxic Substances Control Act or, 15 U.S.C.A, Section 2601 et seq., as amended, regulations promulgated hereunder or applicable state law or City ordinances concerning the regulation of hazardous or toxic wastes. 1,21 Landfill (Sanitary): A lawfully permitted sanitary Landfill of the Contractor's selection. 1.22 Polycart (when used alone): Trash and Recyclables Polycarts, collectively. 1.23 Recyclable Materials; Commodities collected by Contractor pursuant to this Contract, which can be sold in a spot or future market for processing and use or reuse including, but not limited to, newsprint, magazines, plastic (PET and HDPE) bottles, glass containers, aluminum cans and metal (tin) cans. Items may be added or deleted with mutual consent of Contractor and City. 1.24 Recyclables Polycart: A rubber -wheeled receptacle with a maximum capacity of 65gallons constructed of plastic, metal and/or fiberglass, designed for automated or semi -automated Solid Waste/Recyclable Materials collection systems, and having a tight -fitting lid capable of preventing entrance into the container by small animals. The weight of such Recyclables Polycart and its contents shall not exceed 175 Ibs. Polycarts will be provided to each Commercial or Industrial Unit, with ownership retained by Contractor. 1.25 Refuse: Garbage, Rubbish, Solid Waste, Construction Debris and Stable Matter generated by a Customer at a Residential Unit, a Commercial Hand Collect Unit, or a Commercial or Industrial Unit, otherthan Unacceptable Waste, or other materials prohibited from collection or disposal under this Contract by federal or state laws or regulations, 1,26 Residential Unit: A single family residential dwelling or multifamily development consisting of up to four residential dwelling units, but not including an Apartment Complex. Each mobile or manufactured home located in a mobile or manufactured home park, and each residential dwelling unit in a multi -family development other than an Apartment Complex, shall be treated as a separate Residential Unit, A Residential Unit shall be deemed occupied when either water or domestic light and power services are being supplied to the dwelling or dwelling unit. 1.27 ResldentialCustomer; AnoccupantorownerofaResidentialUnitlocatedwithintheContractArea. SOLID WASTE COLLECTION AND DISPOSAL CONTRACT Page 2 of 17 Contractor's Initials �___ 1.28 Roll -off Bin: Containers provided to Customers by Contractor measuring 20 cubic yards, 30 cubic yards, or 40 cubic yards —intended for high -volume Refuse generating Customers —capable of pickup and transport to Landfill by loading of container onto rear of transporting vehicle. 1.29 Rubbish: All Waste, wood, wood products, yard trimmings, tree trimmings, grass cuttings, dead plants, weeds, leaves, dead trees or branches thereof, chips, shavings, sawdust, excelsior, printed matter, paper, pasteboard, rags, cartons, straw, rubber, plastics, used and discarded furniture, used and discarded clothing, used and discarded slices and boots, combustible Waste pulp and other products such as are used for packaging orwrapping, tin cans, aluminum cans, crockery and glass, ashes, cinders, floor sweeping, glass mineral or metallic substances, and any and all other Waste materials not included in the definition of Bulky Waste, Construction Debris, Garbage, Unacceptable Waste or Stable Matter, 1.30 Special Waste: Special waste as defined in Title 30 Texas Administrative Code Chapter 330, Section 330.3, as amended. 1.31 Solid Waste: Any Garbage, Rubbish, Refuse, Construction Debris, Stable Matter and other Waste that Contractor is required to collect under this Contract, including but not limited to sludge from a wastewater treatment plant, water supply treatment plant, or air pollution control facility, and other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from Industrial, municipal, commercial, mining, and agricultural operations and from community and institutional activities. The term does not include: (Aj solid or dissolved material In domestic sewage, or solid or dissolved material in irrigation return flows, or industrial discharges subject to regulation by permit issued under the Water Code, Chapter 26; (B) soil, dirt, rock, sand, and other natural or man-made inert solid materials used to fill land if the object of the fill is to make the land suitable for the construction of surface improvements; or (C) Unacceptable Waste. 1.32 Subcontractor: any person or entity that performs any of the wori<that is the subject of this Contract who is not an Employee of Contractor. 1.33 Stable Matter: All manure and other waste matter normally accumulated in or about a stable, or any animal, livestock or poultry enclosure, and resulting from the keeping of animals, poultry, or livestock. 1.34 Trash PolVcart: A rubber -wheeled receptacle with a maximum capacity of 95 gallons constructed of plastic, metal and/or fiberglass, designed for automated or semi -automated Solid Waste collection systems, and having a tight fitting lid capable of preventing entrance into the container by small animals. The weight of a Polycart and its contents shall not exceed 176 lbs. Trash Polycarts will be provided to each Residential Unit and Commercial Hand Collect Unit, with ownership retained by Contractor. 1.35 Waste: Refuse that is lawfully placed for collection at: Residential Units, Commercial or Industrial Units, Commercial Hand Collect Units, or other buildings or premises where Refuse accumulates. 1.36 Unacceptable Waste: Any and all waste, including but not limited to, Hazardous Waste, Class 1 industrial nonhazardous Special Waste (except pursuant to a Special Waste agreement), and untreated Medical Waste, the acceptance and handling of which by Contractor would cause a violation of any permit condition, legal or regulatory requirement, substantial damage to Contractor's equipment or facilities, or present a substantial danger to the health or safety of the public or Contractor's employees. SOLID WASTE COLLECTION AND DISPOSAL CONTRACT Page 3 of 17 Contractor's Initials 2.00. SCOPE OF WORK As described in more detail in this Contract, the Contractor shall provide, in a good workmanlike manner, the services called for and described herein which shall consist of all supervision, equipment, labor, and all other items necessary to provide the City with Solid Waste collection, removal and disposal and to complete said work in accordance with this Contract. 3.00 TYPES OF COLt,ECT10N 3.01 Solid Waste Collection from Residential Units and Commercial Hand Collect Units: The Contractor shall provide semi -automated collection service to all Residential Customers and Commercial Hand Collect Customers for the collection of all Waste properly placed in Trash Polycarts every Tuesday or other designated collection day as agreed to by City and Contractor. In addition, Contractor shall collect a maximum of two of any combination of smaller Bulky Waste items (where the horizontal and vertical dimensions of the item do not exceed four feet in any direction, and the weight is less than 50 lbs.) or Bundles during the regular Tuesday pick-up and any other designated pick-up day. The two bulky waste Items can Include lawn bags. Trash Polycarts and any smaller Bulky Waste items or Bundles shall be placed at curbside by 7:00 A.M. on the designated collection day. On the first regular pick-up day for Solid Waste following Christmas Day, Contractor shall collect up to four smaller Bulky Waste items (as defined in this paragraph) and tip to six additional securely tied trash bags not exceeding 45 gallons each placed at the curb next to the Trash Polycart. In addition, Contractor shall provide free to each Residential and Commercial Hand Collect Customer, collection of live Christmas trees during the two -week period following Christmas Day. Collection of live Christmas trees shall occur on two separate designated collection days, once between Christmas Day and New Year's Day, and once following New Year's Day during the first week of January. 3.02 Recyclable Collection from Residential Units and Commercial Hand Collect Units: The Contractor shall provide semi -automated collection service to all Residential Customers and Commercial Hand Collect Customers, for the collection of all Recyclable Materials placed in a Recyciables Polycart every Friday or other designated collection day as agreed to by City and Contractor. Recyclables Polycarts shall be placed at curbside by 7:00 A.M. on the designated collection day. Customers are not required to separate Recyclable Materials by type of material; therefore, Recyclable Materials may be co -mingled with other Recyclable Materials. On the first regular pick-up day for Recyclable Material following Christmas Day, Contractor shall collect collapsed cardboard boxes placed at the curb next to the Recyclable Polycart. The number of boxes shall not exceed an amount normally expected for a typical Residential or Commercial Hand Collect Customer, 3,03 Bulky Waste Collection: The Contractor shall, at no additional cost, provide for the collection of Bulky Waste not exceeding 2 cubic yards from Residential Customers and Commercial Hand Collect Customers once per month on the third Friday of each month oron a designated day agreed to by City and Contractor. For an amount of Bulky Waste material that exceeds this rough dimension, a Customer shall call the offices of Contractor to receive a quotation for the removal of a larger quantity. Bulky Waste item pickup is included in this Contract rate unless the items are business related or building materials. Refrigerators and air conditioning units must be serviced and tagged by a registered technician for removal of Freon before pickup. 3.04 Commercial and Industrial Dumpster Collection: Contractor shall provide automated collection service to all Commercial and Industrial Customers for the collection of all Waste properly placed in Dumpsters. Collections shall occur the minimum number of times and by the size of Dumpster required by each Customer at the rates set forth in this Contract. Most Dumpsters are required to be enclosed in a Dumpster enclosure with a minimum 10-foot clear opening. The Contractor is required to close and secure the doors to all Dumpster enclosures after replacing the Dumpster. 3.05 Commercial Roll -off On Collection: Roll -off Bins at the size requested by the Customer shall be rented to and picked up on request of the Customer and shall be billed for each pickup in addition SOLID WASTE COLLECTION AND DISPOSAL CONTRACT Page 4 of 17 Contractor's Initials �tZ to a monthly rental charge (said rental charge to be calculated daily) at the rates set forth in this Contract. 4.00 OTHER SERVICES PROVIDED BY CONTRACTOR 4,01 Sludge Removal: Contractor shall supply at no rental cost a 20-cubic yard Roll -Off Bin to a location specified by the City for Waste Water Sludge from City's water treatment plant (20 cubic yard roll off container). As to said Roll -off Bin, City will pay $150.00 per pickup, plus $32 per ton disposal fee. Pick up shall be on an as -needed basis as often as specified by the City. 4,02 Solid Waste Collection at Community Events: Contractor shall provide, at no cost to the City, Waste containers, collection, and disposal services for all City -sponsored or City -endorsed special events that take place in the Contract Area (i.e., July 411' celebration, parades, festivals, etc.). The number and placement of Waste containers shall be coordinated with the City. Contractor shall further provide, at no cost to the City, three 30 cubic yard Roll -off Bins twice each year for a City sponsored clean-up event. Collection and disposal of said Roll -off Bins shall be provided by Contractor at no cost to the City. 4.03 Solid Was Collection and Disposal for City Projects: Up to ten times per year, Contractor shall provide, at no cost to the City, a single 30 cubic yard Roll -off Bin for the purpose of collecting Solid Waste or Construction Debris from City projects. A total of six disposal pick-ups per year of said Roll -off Bins shall be provided by Contractor at no cost to the City. 4.04 Storm Debris Collection and Disposal: In the event of a natural disaster, or other act of God, as determined by the City, the Contractor shall have 12 hours to provide to the City the types and amounts of resources available to be immediately deployed in response to such an incident. At a minimum, the Contractor shall be required to provide four (4) 30-yard Roll -off Bins, emptied and returned two (2) times per day for a minimum of 5 days. Additionally, the Contractor will collect up to two (2) cubic yards of Bulky Waste per Residential Unit weekly for a minimum of four (4) consecutive weeks. All Storm Debris Collection and Disposal services shall be provided at no cost to the City. 4,05 Solid Waste Collection at City Facilities: Contractor shall provide, at no cost to the City, Waste collection, Dumpsters with locks (and/or Polycarts) or roll -off containers of the size and type indicated below at the following locations: NAME CURRENT LOCATION TYPE NUMBER OF PICKUPS CityAdministration *Police/Municipal Annex Building 111 N. Powell Pkw . 101 S. Powell Pkwy. 2 2 d.* yd * once once per per week* _ week* Public Works Bldg. 3223 N. Powell Pkw . 6 yd. once per week Public Works Bldg, Fire Station 3223 N. Powell Pkw . 305 S. Powell Parkwa 20 d. 2 d.* _. 6 times per twice er year week* AEDC Inc. Cube 312 N. Powell Parkway_ 2 VV once per week* Natural Springs Park 1201 W. White Street 2 yd, once per week Sla ter Crack Park 425 W. Rosemond Pkw . 4 d, once per week Sherely Park Johnson Parl< 101 S. Sherel 504 FM 2662 North 2 2 d* yd, twice twice per er week weekelect * In lieu of Dumpster, City mPolycarts with comparable volume to be collected twice per week per the Residential and Comltlercial Hand Collect Trash Collection service. 4.06 Solid Waste Collection at Churches: Contractor shall provide free collection and disposal of a single Trash Po.lycart and a single Recyclables Polycart for all churches in the Contract Area. SOLID WASTE COLLECTION AND DISPOSAL CONTRACT Page 5 of 17 Contractor's Initials '�� 4.07 Service to Disabled and Elderly Residential Customers: Notwithstanding anything to the contrary contained herein, Contractor agrees to assist physically disabled and elderly Residential Customers with the curb -side collection of their Solid Waste and Recyclable Material; provided that Contractor receives prior written notice from the Customer or the City of such special need. The City shall make the final determination as to the eligibility of a Residential Customer to qualify for this service. 5.00, COLLECTION OPERATION 6,01 Hours of Operation: The Contractor will determine hours of operation subject to the following: 1) In residential areas or locations immediately adjacent to residential areas, collection of Solid Waste shall begin no earlier than 7:00 a.m. and shall generally not extend beyond 7:00 p.m.; 2) There shall be no Solid Waste collection on Sunday without prior written approval of the City. 5,02 Hours of Disposal: Contractor shall dispose of waste within the operating hours of the Landfill. 5,03 Routes of Collection: Collection routes shall be established by the Contractor as approved by the City. The City shall be provided route collection maps and container locations and shall make final determinations regarding routes and has the right to reject and request modification of routes, and updates on routes of Contractor. Contractor may submit proposals changing the collection routes and/or changing the collection days to the City for its prior approval, which approval shall not be unreasonably withheld. Upon City approval, Contractor shall promptly give advance written notice to the affected Customers of any substantive changes. 5.04 Holida s: The following shall be holidays for purposes of this Contract: New Year's Day Memorial Day Labor Day Thanksgiving Day Christmas Eve Independence Day Christmas Day Contractor may decide to observe any or all of the above -mentioned holidays by suspension or collec#ion service on the holiday, but the Contractor must meet its obligation as required. Male -up days shall be the business day prior to or following the holiday or another day agreed to by City and Contractor. Not later than December 1st of each year, Contractor shall submit its request for suspension of service for the coming year. 5.05 Office: The Contractor shall maintain an office or such other facilities through which it can be contacted. It shalt be equipped with sufficient telephones and shall have a responsible person in charge from 8:00 A.M. to 5:00 P.M., Monday through Friday. 5.06 Complaints: (a) The Contractor, at its expense, will provide a telephone answering service from 8:00 A.M. until 5:00 P.M. daily, Monday through Friday, excluding such Holidays as may be approved under this Contract, for the purpose of handling complaints and other calls regarding Solid Waste collection service provided by the Contractor. The Contractor will secure an annual listing in the local phone directory with coverage of Anna, under the name by which it conducts business in the community. All complaints can be made directly to the Contractor and shall be given prompt and courteous attention. In the case of alleged missed scheduled collections, the SOLID WASTE COLLECTION AND DISPOSAL CONTRACT Page 6 of 17 Contractor's Initials Contractor shall investigate and if such allegations are verified, shall arrange for the collection of the Solid Waste not collected within 24 hours after the complaint is received. (b) The Contractor will check with City Flail during the collection day and at the conclusion of the collection day to address any complaints. 5.07 Collection -Equipment and Property Qamaae: (a) Contractor, at its sole cost and expense, agrees to furnish, all trucks, equipment, machines, and labor which are reasonably necessary to adequately, efficiently, and properly collect and transport Solid Waste from accounts serviced by Contractor in accordance with this Contract. Collection of Solid Waste shall be made using sealed packerAype trucks, and such equipment shall not be allowed to leak nor scatter any waste within the limits of the City nor while in route to the Disposal site, where such accumulation shall be dumped. Contractor shall, if necessary, hand -clean all spillage resulting from its Solid Waste and Recyclable Materials collection activities. (b) Due to street size variations in the City, the Contractor will need to provide equipment that will accommodate such public streets and alleys. The Contractor will utilize lighter -capacity single - axle automated collection trucks (not larger than 20-yard capacity) on all public streets and alleys and in any other areas identified by the City and Contractor as likely to be damaged by the use of heavier Solid Waste hauling equipment (i.e., on asphalt or seal coat paved streets and parking areas). The City shall make the final decision as to whether an area is likely to be damaged by the use of heavier Solid Waste hauling equipment. (c) The Contractor shall be responsible for the repair of damage to paved surfaces on public streets, alley or thoroughfares when such damage is caused by the negligent or inappropriate operation of the Contractor's collection equipment, The Contractor shall not be responsible for regular wear and tear of public rights of way or regular maintenance to such rights of way. Substantiation of the cause of such damage shall be determined by the mutual agreement of the City and the Contractor. Within thirty (30) days after agreement of the parties that such damage was caused by the negligent or inappropriate operation of the Contractor's equipment, the Contractor shall either arrange for the satisfactory repair of the pavement and damage items or repairs will be performed by the City and the Contractor shall reimburse the City on a time -plus- material basis. Reimbursement for the materials and labor shall be in the form of a credit on the Contractor's next monthly billing for residential collection services. The Contractor shall be responsible for the repair of damage to residential or commercial properties when such damage is caused by a negligent act or omission of the Contractor. Substantiation of the cause of such damage shall be determined by mutual agreement of the City and the Contractor. If the parties determine that such damage is caused by a negligent act or omission of the Contractor, the Contractor shall make the repairs within one (1) week of such determination, unless additional time is needed to meet the repair requirements. The Contractor agrees to notify the resident or business and the City of its course of action and give a reasonable tit neframe for completion. (d) All motor vehicles used in performance of the obligations herein created shall be clearly marked with the Contractor's name, telephone number and unit number legible from 150 feet. No advertising shall be permitted on vehicles. Such vehicles shall be maintained and painted as often as necessary to preserve and present a well -kept appearance. Vehicles are to be washed on the inside and sanitized with a suitable disinfectant and deodorant a minimum of once a month. Such vehicles shall be washed and painted or repainted as often as necessary to keep them in a neat and sanitary condition. (a) All collection equipment shall be maintained in a first class, safe, and efficient working condition throughout the term of this Contract and shall adhere to a regular preventative maintenance SOLID WASTE COLLECTION AND DISPOSAL CONTRACT Page 7 of 17 Contractor's Initials ',TN: program. The Contractor shall complete a thorough inspection of the equipment and vehicles prior to each single use of said equipment and vehicles within the City of Anna. The inspection must be documented on a form approved by the City of Anna and shall include a daily nspection of such items as hydraulic hoses and fittings, fluid levels and vehicle -safety features. In no case shall equipment and vehicles be used to provide services to the City if said vehicles and equipment include unresolved deficiencies. Daily inspection reports shall be signed by a competent person and shall be submitted to the City of Anna on a monthly basis. The City may inspect Contractor's vehicles at any time to ensure compliance of equipment with this Contract or require an equipment replacement schedule to be submitted to City. 5.08 Disposal: Except for Recyclable Material collected from Recyclables Polycarts, Contractor shall deliver all Solid Waste collected under this Contract to a Licensed Sanitary Landfill operated in compliance with rules adopted by the TCEQ and/orthe USEPA. Contractor shall deliver Recyclable Material collected from Recyclables Polycarts to a processing site, which must have established Commodity Buyers or markets for the Recyclable Material, The Contractor shall be required to identify the processors of the Recyclable Material upon request by the City. Recyclable Materials collected for the purpose of recycling may not be deposited in any Landfill. The Contractor shall further meet the following requirements: (a) No later than December 31 each year, Contractor shall submit a list of the landfill(s) it has utilized in the previous year, and the landfill(s) it intends to utilize for the coming year. (b) In the event a collection of Recyclable Materials is rejected at the processing site due to excessive contamination, Contractor shall immediately notify the City of such occurrence. 5,09 S ilia e: The Contractor shall be responsible for all spilled or scattered Solid Waste or Recyclable Materials (collectively, "Spillage') caused in whole or in part by its acts or those of any of Its Employees or Subcontractors; in which case all Spillage shall be picked up and cleaned immediately by the Contractor. Contractor will not be required to clean up or collect Spillage not caused by the acts of its Employees or Subcontractors, but shall report the location of such Spillage to the Anna City Hall so that proper notice can be given to the Customer at the premises to prevent Spillage. Notwithstanding the foregoing, Contractor shall pick up Spillage or excess Solid Waste from Commercial and Industrial Customers after the Customer reloads the container if overfilled by the Customer. In such cases, Contractor shall be entitled to an extra collection charge for each reloading of a Dumpster or Roil -off Bin requiring an extra collection. Should such spillage continue to occur at Commercial and Industrial Customer locations, City shall require the Customer and Contractor to increase the frequency of collection of the Customer's Solid Waste or require the Customer to utilize a Dumpster or Roll -off Bin with a larger capacity, and the Contractor shall be compensated for such additional services in accordance with the rates set forth in this Contract. City agrees to require and Contractor agrees to supply additional Polycarts at Residential Units and Commercial Hand Collect Units which regularly generate Solid Waste in excess of what can be contained in their existing Polycart(s). Customers must pay an additional amount as outlined in this Contract for additional Polycarts. 5,10 Vicious Animals: Employees of the Contractor shall not be required to expose themselves to the dangers of vicious animals in order to accomplish Solid Waste collection In any case where the owner or tenants have animals at large, but the Contractor shall immediately notify the City, in writing, of such condition and of Contractor's inability to make collection. 5,11 Hazardous Waste: Contractor shall not be obligated to collect Hazardous Waste, including refrigeration appliances that have not had CFC's removed by a certified technician, tires, automobile/vehicle batteries, petroleum products, paints and other chemicals and solvents identified as hazardous by the U.S. Environmental Protection Agency, SOLID WASTE COLLECTION AND DISPOSAL CONTRACT Page 8 of 17 Contractor's 5.12 Protection From Scattering: Each vehicle shall be equipped with a cover which may be net with mesh not greater than 1-1/2 inches, or tarpaulin, or fully enclosed metal top to prevent leakage, blowing or scattering of Solid Waste or Recyclable Materials onto public or private property. Such cover shall be kept in good order and used to cover the load going to and from the Landfill, during loading operations, or when parked if contents are likely to be scattered. Vehicles shall not be overloaded so as to scatter Solid Waste or Recyclable Materials; however, if Solid Waste or Recyclable Materials are scattered from Contractor's vehicle for any reason, it shall be picked up Immediately by the Contractor. Each vehicle shall be equipped with a fork, broom and shovel for this purpose. 5.10 Number of Collections: The collection and removal of Solid Waste from premises used for commercial, institutional, or industrial purposes shall be made as often as necessary in order to maintain the premises free of such accumulations. Solid Waste shall be collected not less than one time each week, except for Roll -off Bins which shall not be subject to this provision so long as they are used solely for brush and dry Solid Waste. Materials in Recyclables Polycarts shall be collected and disposed of weekly. L 5.14 Collect Collection: Contractor shall collect each Polycart, Bundle, or Buy as e i em rom Residential and Commercial Hand Collect Customers that is placed at curbside for collection in accordance with this Contract and the ordinances and regulations adopted or promulgated by the City. Curbside refers to that portion of right of way adjacent to public roadways, regardless of the type of road surface or whether the road is curb and gutter. Each Polycart, Bundle, or Bulky Waste tern shall be placed in an accessible, outdoor location on a hard surface according to the individual agreement. The Contractor may decline to collect such materials not so placed. 5.15 Collection Containers Responsibility of Contractor: The type and quality of Solid Waste collection containers that Contractor provides under this Contract (including Polycarts, Dumpsters, and Roll - off Bins) shall (consistent with this Contract) be of the same or better type and quality of Solid Waste collection containers provided by the Contractor under the immediately preceding Solid Waste Collection Contract, attached hereto as Exhibit A, and the Commercial and Industrial Solid Waste Collection and Disposal Contract, attached hereto as Exhibit B. Prior to changing the manufacturer or types of Solid Waste collection containers that Contractor is required to provide under this Contract, Contractor shall submit to City for City's sole approval, the proposed manufacturer's information, photographs, and any other information required by the City, of the collection and disposal equipment that is proposed to be used and/or provided by Contractor under this Contract, including Polycarts, Dumpsters, and Roll -off Bins of the various sizes and types that will be used to fulfill the requirements of this Contract. The Contractor shall further meet the following requirements: a. Contractor shall provide each Residential and Commercial Hand Collect Customer a single 95 gallon Trash Polycart and a single 65 gallon Recyclables Polycart. Each Polycart shall be branded with the name of Contractor's business and a unique identifying number. Trash Polycarts and Recyclables Polycarts shall be different colors approved by the City. Residents are permitted to purchase one additional polycart and one additional recycle cart or a combination not to exceed two additional carts per residence at the rate listed in 12.01 and 12,02 b. Contractor shall provide each Commercial and Industrial Customer Dumpster(s) and/or Roll - off Bin(s) which are reasonably necessary to adequately, efficiently, and properly collect Solid Waste from Customers serviced by Contractor in accordance with this Contract. c. Contractor shall be responsible for replacing Customer Polycarts, Dumpsters and Roll -off Bins that are stolen or become damaged through normal use. All commercial and industrial containers shall be in good repair, with the name of Contractor's business and phone number clearly Identifiable on the container. SOLID WASTE COLLECTION AND DISPOSAL CONTRACT Page 9 of 17 Contractor's Initials l� 5.16 Personnel: (a) The Contractor shall employ a sufficient number of employees to meet its obligations under this Agreement, and all of the Contractor's employees shall be fully qualified to perform the duties assigned to them within the City. (b) The Contractor shall perform a driving record check of each driver working within the Ci#y as least once every (12) months and shall take all reasonable steps to ensure that its drivers have safe driving records and are legally authorized to drive within the City. (c) 7ha Contractor shall remove any driver with an unsafe driving record from working within the City. The Contractor shall remove any driver from working within the City who is deemed unqualified to operate a commercial vehicle under the State of Texas regulations regarding the operation of a commercial motor vehicle. Furthermore, upon the written request of the City, the Contractor will remove any person providing services under this Agreement who the City reasonably requests to be removed from performing work pursuant to this Agreement. 6.00 LICENSE AND TAXES The Contractor shall obtain all licenses and permits and promptly pay all taxes required by the City and the State. 6.00 INDEMNITY It is expressly understood and agreed that the City has no right of control, supervision, or direction over any work performed by the Contractor, its agents, employees, subcontractors or Customers, nor does the City have any control, supervision or direction of the means, methods, sequences, procedures, and/or tarhri noes utilized to complete such work. There shall be no joint control over any such work. CONTRACTOR AGREES TO INDEMNIFY DEFEND AND HOLD HARMLESS THE CITY, AND ITS OFFICIALS OFFICERS AND EMPLOYEES FROM AND AGAINST ANY AND ALL SUITS %CTIONSt LEGAL PROCEEDINGS CLAIMS DEMANDS, DAMAGES, COSTS, EXPENSES, AND ATTORNEYS FEES AND RELATED EXPENSES ARISING OUT OF ANY WILLFUL OR NEGLIGENT ACTS OR OMISSIONS INCIDENT TO ANY WORK OF THE CONTRACTOR. THE CITY SHALL NOT BE RESPONSIBLE FOR ANY NEGLIGENCE, GROSS NEGLIGENCE. BREACH OF CONTRACT INTENTIONAL CONDUCT VIOLATION OF STATUTE OR COMMON LAW, BREACH OF WARRANTY PRODUCT DEFECT OR ANY OTHER CONDUCT WHATSOEVER OF CONTRACTOR OR ANY OF ITS AGENTS 5MPLOYEES5 OR CUSTOMERS. THE INDEMNITY HEREIN IS SPECIFICALLY INTENDED TO OPERATE AND BE APPLICABLE IF IT IS ALLEGED OR PROVED THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED IN WHOLE OR IN PART BY ANY ACT OMISSION NEGLIGENCE, GROSS NEGLIGENCE, BREACH OF CONTRACT INTENTIONAL CONDUCT VIOLATION OF STATUTE OR COMMON LAW, OR ANY OTHER CONDUCT WHATSOEVER BY THE CITY OR ITS OFFICIALS, OFFICERS, OR EMPLOYEES. 7.00 INSURANCE The Contractor shall secure and maintain at its sole cost throughout the duration of this Contract, insurance issued by a carriers) authorized to do business in Texas, of such types and in the amounts specified herein to protect Contractor and the interests of the City against all hazards or risks of loss as hereinafter specified with the City named as additional insured on all policies. Contractor shall procure and maintain for the duration of this Contract insurance against claims for injuries to persons or damages to property, which may arise from or in conjunction with the performance of the work hereunder by Contractor, or tine Contractor's agents, representatives, Employees, or Subcontractors. The form and limits of such insurance, SOLID WASTE COLLECTION AND DISPOSAL CONTRACT Page 10 of 17 Contractor's Initials_ #ogether with the underwriter thereof in each case, must be acceptable to the City but regardless of such acceptance it shall be the responsibility of Contractor to maintain adequate insurance coverage at all times. Failure of Contractor to maintain adequate coverage shall not relieve Contractor of any contractual responsibility or obligation. Each policy shall provide that there will be no cancellation or alteration or modification that reduces coverage in any way prior to 30 days written notice being given to the City. A copy of each policy, or at the City's discretion, a certificate of insurance, shall be filed with the City Secretary's office. Minimum levels of insurance are required to be kept as follows: Minimum Limifs of Insurance: Type Coverage Per Occurrence Aggregate Minimum Minimum Workers Compensation As required by law and shall As required bylaw, cover all employees including drivers. Comprehensive General $120001000 $1,000,000 Liability minimum minimum Property Damage $1,0003000 $1,000,000 Comprehensive Auto Liability $1,0001000 $1,0001000 Bodily Injury $1,000,000 $1,000,000 Comprehensive Auto Liability- $500,000 $1,000,000 Pro ert Damage Umbrella POIIC $5,000 000 $5,000 000 8.00 PERFORMANCE BOND For the purpose of securing the performance of Contractor's obligations hereunder, Contractor shall obtain a corporate surety bond in the amount of $250,000.00, which shall guarantee its performance under this Contract during the entire five-year term of this Contract. All premiums due on such bond shall be paid by Contractor. At the City's request, Contractor shall provide a copy of such bond along with a certificate from the surety of such bond stating that all premiums due on the bond have been paid in full. The surety on the bond shall be a duly authorized corporate surety authorized to do business in the state of Texas. All bonds shall be issued by a Best -rated bonding company. Contractor must give the City at least 30-days notice if t has any reason to believe that the bond may be cancelled, revoked or modified in any manner. The bond itself must state as follows: "The surety will provide the City of Anna at least 30 days notice before this bond s cancelled, revoked or modified in any manner." 9.00 ADJUDICATION AND NOTICE PROCEDURES 9.01 Contractor must deliver written notice to City within three calendar days of any act, occurrence or event giving rise to any claim, dispute or controversy between Contractor and City. 9.02 Contractor must also deliver within 25 days of any such act, occurrence or event giving rise to any claim, dispute or controversy between Contractor and City, a detailed written specification of such claim, dispute or controversy and the particular alleged damages associated with such claim, dispute or controversy with supporting documentation. SOLID WASTE COLLECTION AND DISPOSAL CONTRACT Page 11 of 17 Contractor's Initials �� 9.03 After these notices are made by Contractor, the parties agree to attempt to resolve Lite claim, dispute or controversy by mediation with a mediator selected by the City. Mediation shall occur within 30 days of the 25-day notice, and the costs of mediation will be shared equally by the parties. 9.04 Strict adherence to these adjudication and notice requirements shall be a condition precedent to Contractor filing a claim, suit, or any cause of action which has as its basis any such act, occurrence or event giving rise to any claim, dispute or controversy between Contractor and City. The failure by Contractor to follow the adjudication and notice procedures precisely as set forth in this provision and this Contract shall act and operate as a waiver and complete bar to any recovery for such claim, dispute or controversy, and the Contractor shall be barred from making any such filing and shall not be entitled to any damages regarding such claim, dispute or controversy regarding such claim, dispute or controversy. 10.00 TRANSFERABILITY OF CONTRACT No assignment of the Contract or any right accruing under the Contract shall be made in whole or in part by the Contractor without the express written consent of the City. In the assignment, the assignee shall assume the full obligations and liability of the Contractor. The City reserves the exclusive right to determine fhe competence and responsibility of any such proposed assignee. 11.00 OWNERSHIP Title to Solid Waste and Recyclable Material shall pass to Contractor when placed in Contractor's collection vehicle, removed by Contractor from a Bin, Polycart, or Dumpster, or removed by Contractor from the Customer's premises, whichever last occurs. This does not in any manner excuse Contractor from the obligation to dispose of all Solid Waste at a land fill and deposit all Recyclable Material at a processing site in the manner required under this Contract. 12.00 RATES BILLING AND FRANCHISE FEE 12,01 Residential and Commercial Hand Collect Customer Rates The City will pay Contractor $13.50 a month per Residential and Commercial Hand Collect Customer, and $5,00 per month for each additional Polycart requested by and delivered to a Customer. A billing fee will be determined by the City and added to the base. 12,02 Recyclable Polycart Rates for Commercial and Industrial Customers Contractor shall provide Recyclables Polycarts to Commercial and Industrial Customers upon request. City will pay Contractor $5 per month for each Recyclables Polycart provided to Commercial and Industrial Customers with said monthly charge including once weekly collection and disposal service. 12,03 Dumpster Rates Contractor shall be compensated at the following rates below. A billing fee will be determined by the City and added to the base. SOLID WASTE COLLEGTION AND DISPOSAL CONTRACT Page 12 of 17 Contractor's Initials,�_ Dumpster Rates Size/Pickup 1xWeek 2x Week 3x Week 4x Week 5x Week Extra Pickup 2 Cu Yd $40 $61 $82 $103 $124 $31 3 Cu Yd $50 $88 $126 $164 $202 $39 4 Cu Yd $60 $108 $156 $204 $252 $49 6 Cu Yd $80 $141 $202 $263 $324 $54 8 Cu Yd $100 $165 $230 $295 $360 $63 Locking bars, locks and casters shall be provided as requested by a Customer at no additional charge. 12.04 Roll -Off Bin Container Rates Roll -Off Bin Container Rates: Contractor shall be compensated at the following rates below. Size/Pickup Rental per dav Gost per pickup Deliver Charge 20 Cu Yd $4 $246 $60 30 Cu Yd $4 $305 $60 40 Cu Yd $4 $351 .$60 40 Cu Yd (compactor) $4 $384 $60 Franchise Fee: For the exclusive use of public streets and right-of-way for the provision of services set fdrth in the Contract, Contractor shall be responsible to the City far a Franchise Fee in the amount of 10% of all amounts that the Contractor is entitled to receive (whether or not actually received) from Customers for Roll -Off Bin Services under this Contract regardless of whether the Contractor or the City performs the billing for such services. The Contractor shall pay the City on a monthly basis determined by the amount billed by the Contractor regardless of whether a Customer defaults on a bill. Such payment shall be paid to the City on or before the twenty fifth (25th) day of each calendar month for amounts billed by the Contractor for the performance of services during the immediately preceding calendar month. The Contractor shall provide to the City a detailed billing report which reconciles to the payment submitted. 12.05 Rate Adjustments: Rate adjustments sought by Contractor will be considered by the City no more than once per year during fhe ferm of this Contract. The change in the Consumer Price Index (Dallas/Fort Worth, all Urban Consumers) during each 12-month period, and other factors may be considered by the City Council in making rate adjustments. All rate adjustments are at the discretion of the City, and rate increases may be temporary when deemed appropriate by the City. The City reserves the right to increase rates or charges to Customers without any increase in compensation to the Contractor. Rate adjustments shall be made In writing by resolution or ordinance of the City Council. In conjunction with any rate adjustment request, SOLID WASTE COLLECTION AND DISPOSAL CONTRACT . Page 13 of 17 Contractor's Initials Sri-' Contractor shall submit to the City a listing of all equipment owned by and available to the Contractor to perform the Contractor's obligations under this Contract. This list shall include vehicle make and model, age, mileage, and overall condition of the vehicles, 12,06 Billing: (a) Party Performing Billing. The City will exclusively perform Customer billing of Residential, Commercial Hand Collect, and Commercial and Industrial Customers except that Contractor shall, at the City's option, perform Customer billing for rental and services related to Roll -Off Bins. The City may at any time assume the performance of all Customer billing, including billing related to Roll -Off Bins at any time during the term of this Contract. Should the City decide to assume the performance of billing for services related to Roll -Off Bins, or reassign such duty to Contractor, the City shall give the Contractor at least 30 days advance written notice and the Contractor must cooperate with the City in all reasonable respects to facilitate the billing. The City will remit to Contractor the amounts received from Customers —less Franchise Fees and any funds that the City is entitled to retain based on rate increases —within 10 days of receipt of same, (b) Contractor's Duties to Provide Biiling Information. To assist the City in billing and to provide verification of billing information with respect to Contractor's services, Contractor shall provide the City with a detailed monthly invoice showing all services rendered for the immediately preceding month. Said invoice shall be due on or before the fifth day of each month, and must include, at a minimum: (1) the number of Residential and Commercial Hand Collect Customers; (2) the number and location of each additional Polycart provided to Residential and Commercial Hand Collect Customers; (3) the amount to be billed to Residential and Commercial Hand Collect Customers for all services that Contractor provided during the applicable month; (4) the following information for each Commercial and Industrial Customer: (a) the name and address of each Customer; (b) the amount, location, and size of Dumpsters and for each Dumpsterthe number of collections per week and extra pickups; (c) the amount, location, and size of Roll -Off Bins, and for each Roll -Off Bin the number of days rented, number of pickups performed, and amounts for delivery charges; (d) the amount and location of each Recyclables Polycart; (e) the amount to be billed to each Customer for all services related to Recyclables Polycarts and Dumpsters that Contractor provided during the applicable month; and, (f) the amount to be billed to each Customer for all services related to Roll - Off Bins that Contractor provided during the applicable month. 13.00 RECORDS 13.01 The Contractor agrees to maintain at Contractor's place of business adequate records relating to the performance of Contractor's duties under this Contract, and such records shall be made available at any time during business hours for inspection by the City, at the City's expense, upon reasonable advance notice. 13.02 Contractor shall provide City each month, a written report that shows: 1) the total amount of Solid Waste collected under this Contract and disposed of in a Landfill during the reporting period; and 2) the total amount of Recyclable Material collected under this Contract and deposited at a processing site with established Commodity Buyers or markets for the Recyclable Material during the reporting period. 14.00 TERMINATION FOR CAUSE a. The City may cancel this Contract by giving the Contractor ten days' written notice, upon the happening of any one of the following events: 1. The Contractor shall tales the benefit of any present or future insolvency statute, or shall make a general assignment for the benefit of creditors, or file a voluntary petition In bankruptcy (court) or a petition or answer seeking an arrangement for its reorganization or the readjustment of ifs SOLID WASTE COLLECTION AND DISPOSAL CONTRACT Page 14 of 17 Contractor's initials indebtedness under the Federal bankruptcy laws or under any other law or statute of the United States or any state thereof, or consent to the appointment of a receiver, trustee or liquidation of all or substantially all of its property. (In the event that any bankruptcy, insolvency, reorganization, receivership, or similar proceeding is instituted by or against the Contractor, or in the event the Contractor makes an assignment for the benefit of creditors, the Contractor shall not assert or list this Contract as an asset of such action); or 2. By order or decree of a court, the Contractor shall be adjudged bankrupt or an order shall be made approving a petition filed by any of its creditors or by any of the stockholders of the Contractor, seeking its reorganization or the readjustment of its indebtedness under the Federal bankruptcy laws or underany law or statute of the United States or of any state thereof; or 3. By, or pursuant Yo, under the authority of any legislative act, resolution or rule or any order or decree of any court or governmental board, agency or officer having jurisdiction, a service, trustee or liquidation shall take possession or control of all or substantially all of the property of the Contractor, and such possession or control shall continue in effect for a period of 60 days; or 4. Failure to comply with any state or federal law relating to health or safety governing the service provided under this Contract or failure to obtain, and maintain, any state or federal permits required or any insurance coverage or bond as stated herein. In the event of any such failure, termination shall be effective upon the date specified in the City's written notice to the Contractor and upon said date this Contract shall be deemed immediately terminated and upon such termination all liability of the City under this Contract to the Contractor shall cease. b. It is expressly understood and agreed that, if at any time Contractor shall fail to pertorm any of fhe terms, covenants, or conditions herein set forth, and shall fail to correct same within 15 days after written notice from the City, the City may, after a hearing as described herein, revoke and cancel the franchise herein granted, and this Contract shall become null and void. The hearing prerequisite to such revocation shall not be held until notice of such hearing has been given to Contractor by certified mail, addressed to Contractor at the address shown in Section 15 of this Contract, and a period of at least 15 days has elapsed since the mailing of such notice. The notice shall specify the time and place of the hearing and shall include the reasons for revocation of such franchise and this Contract. The hearing shall be conducted in public by the City Council, and Contractor shall be allowed to be present and given full opportunity to answer such charges and allegations as are set forth in the notice. If, after the hearing is concluded, the City Council shall determine that the charges and allegations set forth in the notice are supported by the facts presented at the hearing, they may revoke and cancel this Contract and the franchise, and the same shall became null and void, except that all of Contractor's obligations under this Contract to indemnify, defend and hold harmless the City shall survive the termination of this Contract. 15.00 NOTICES Any notice required or permitted to be delivered hereunder shall be in writing and shall be deemed to be delivered when deposited in the United States snail, postage prepaid, certified mail, return receipt requested, addressed to the respective party of the address set forth below: If to the City, at: ATTN: City Manager City of Anna P.O. Box 776 Anna, Texas 75h09 If to the Contractor at: Bradshaw &Son Trash Service 1005 W. Houston St. SOLID WASTE COLLECTION AND DISPOSAL CONTRACT Page 15 of 17 Contractor's IniEials `.S�' Ahna, Texas 76409 or such other herewith, addresses as the parties may hereafter specify by written notice delivered in accordance 16.00 FORCE MAJEURE Notwithstanding anything herein to the contrary, Contractor shall not be liable for the failure to perform its duties if such failure is caused by a catastrophe, riot, war, governmental order or regulation, fire, Act of God, or other similar or different contingency beyond the reasonable control of Contractor. 17.00 SEVERABILITY In the event that any provision or portion thereof of any provision of this Contract shall be found to be invalid or unenforceable, then such provision or portion thereof shall be performed in accordance with applicable laws. The invalidity or unenforceability of any provision or portion of this Contract shall not affect the validity or enforceability of any other provision or portion of this Contract. 18,00 COMPLIANCE WITH LAWS All applicable state laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over the work to be performed shall apply to this Contract throughout, and they will be deemed to be included in this Contract as though written out in full in this Contract. Contractor, its officers, agents, employees, contractors, and subcontractors, shall abide by and comply with all laws, federal, state, and local. It is agreed and understood that, If the City calls the attention of Contractor to any such violations on the part of the Contractor, its officers, agents, Employees, contractors, or Subcontractors, then Contractor shall immediately desist from and correct such violation. 19.00 DISCRIMINATION PROHIBITED Contractor, in the execution, performance, or attempted performance of this service, shall not discriminate against any person or persons because of sex, race, religion, color, national origin, age or disability. The Contractor must be an equal opportunity employer. 20.00 TERM Subject to earlier termination as provided for under this Contract, the term of this Contract shall commence on September 1, 2018 and conclude on August 31, 2020, with three (3) automatic one-year extensions subject to earlier termination as set forth herein. Should either the City or Contractor elect not to renew and extend this Contractfor any additional one-year period, notice must be given, by certified mall (return receipt requested) to the other party in writing not less than 120 days prior to the expiration of this Contract or any extension. In the event no such notice of non -renewal is timely provided by either party, this Agreement shall automatically renew under the terms and conditions stated herein. 21.00 CONTRACT INTERPRETATION CHOICE OF LAW VENUE This Contract is the result of negotiation between the parties, and shall, in the event of any dispute over the meaning or application of any portion thereof, be interpreted fairly and reasonably, and neither more nor less strongly for or against either party, regardless of which party originally drafted the portion in dispute. The parties agree that this Contract shall be governed by the law of the State of Texas; the parties further agree that exclusive jurisdiction and venue for all actions arising out of this Contract shall be in Collin County, Texas, 22.00 MODIFICATION AND WAIVER SOLID WASTE COLLECTION AND DISPOSAL CONTRACT Page 16 of 17 Contracfor's Initials �_ Except as set forth in Section 23.00, below, this Contract constitutes the complete agreement between the City and Contractor, and supersedes any otherwritten or oral agreement. This Contract may not be altered, revised or modified except by a written modification signed and properly authorized by the parties. The failure of the City at any Time to require performance by Contractor of any provisions hereof shall in no way affect the right of the City thereafter to enforce same. Nor shall waiver by the City of any breach of a provision hereof be taken or deemed to be a waiver of any succeeding breach of such provision or as a waiver of a breach of any other provision. 23.00 OTHER CONTRACTOR REQUIREMENTS AND OBLIGATIONS All Contractor requirements and obligations under the immediately preceding Solid Waste Collection Contract, attached hereto as Exhibit A, and the Commercial and Industrial Solid Waste Collection and Disposal Contract, attached hereto as Exhibit B, that are not in conflict with this Contact, shall continue as requirements and obligations of the Contractor under this Contract. IN WITNESS WHEREOF, the City and the Contractor have executed this Contract. CITY OF ANNA, TEXAS By`6�G2� Maurice Schwanke Interim City Manager THE CONTRACTOR: Joe Bradshaw d/b/a Bradshaw & Son Trash Service Bylc Bradshaw Witness: Carrie L. Smith City Secret SOLID WASTE COLLECTION AND DISPOSAL CONTRACT Page 17 of 17 Contractor's Initials .._� SOLID WASTE COLLECTION AND DISPOSAL CONTRACT THIS SOLID WASTE COLLECTION �DISpOSAL CONTRACT (this "Contract") for collection and disposal is made and entered into this day of % 2018, by and between the CITY OF ANNA, TEXAS, a home -rule municipality (t e "Cit and JOE W. BRADSHAW, an individual, doing business as "Bradshaw & Son Trash Service" (the "Contractor"). 1.00. DEFINITIONS 1.01 Apartment Complex: A multi -family residential development with more than four residential living units. 1.02 Bulky Waste: As relates to collection of Waste from Residential and Commercial Hand Collect Units only, items such as stoves, water tanks, appliances/white goods, furniture, Construction Debris and other Waste in weights or volumes greater than those allowed for Polycarts, but not including Dead Animals, Unacceptable Waste, or Stable Matter, 1.03 Bundle: Tree, shrub and brush trimmings or newspapers and magazines securely tied together forming an easily handled package not exceeding four feet in length, and 50 lbs. in weight. No tree trunks or limbs in excess of six Inches In diameter. 1.04 CCU: The City of Anna, Texas 1.05 Commercial Hand Collect Unit: A retail or light commercial type of business, which generates no more than one cubic yard of Refuse per week. 1.06 Commercial Hand Collect Customer: An occupant or owner of a Commercial Hand Collect Unit located within the Contract Area, 1.07 Commercial or Industrial Unit: Any Apartment Complex and all commercial and/or industrial businesses and establishments, including, but not limited to, stores, offices, restaurants, warehouses, and manufacturing facilities, premises, locations or entities, public or private, within the corporate limits of the City and not a Residential Unit or Commercial Hand Collect Unit, 1.08 Commercial or Industrial Customer: An occupant or owner of a Commercial or Industrial Unit located within the Contract Area, 1.09 Commodity: Material that can be sold in a spot or future market for processing and use or reuse. 1.10 Commodity Buffer: A buyer or processor selected by Contractor —pursuant to the terns of this Contract —of Recyclable Materials delivered by Contractor. 1.11 Complaint: A communication from a Customer concerning service, which upon investigation by Contractor or the City, is determined to be correct and shall prompt some action by Contractor or the City as determined under this Contract. 1,12 Construction Debris: Waste building materials resulting from construction, remodeling, repair, or demolition operations. 1,13 Contract Documents: This Contract and the Performance Bond, 1.14 Contract Area: The area within the corporate boundaries of the City at any given time during the term of this Contract. SOLID WASTE GOLLPCTION AND DISPOSAL CONTRACT Page 1 of 17 Contractor's Initials ,��_. 1.15 Customer: An occupant or owner of a Residential Unit, Commercial Hand Collect Unit, or Commercial or Industrial Unit located within the Contract Area, 1.16 Disposal site: See Landfill (Sall k I y). 1.17 Dumpster: Metal receptacle designed to be lifted and emptied mechanically for use only at Commercial or Industrial Units, 1.18 Employee: Any full-time or part-time employee of Contractor. 1.19 Garbage: Any and all dead animals of less than 10 Ibs, In weight, except those slaughtered for human consumption; every accumulation of waste (animal, vegetable and/or other matter that results from the preparation, processing, consumption, dealing in, handling, packing, canning, storage, transportation, decay or decomposition of meats, fish, fowl, birds, fruits, grains or other animal or vegetable matter (including, but not by way of limitation, used tin cans and other food containers; and all putrescible or easily decomposable waste animal or vegetable matter which is likely to attract flies or rodents); except (in all cases) any matter included in the definition of Construction Debris, Dead Animals, Hazardous Waste, Rubbish or Stable Matter. 1.20 Hazardous Waste: Solid Wastes regulated as hazardous under the Resource Conservation and Recovery Act, 42 U.S.C. Section 1002, et seq., as amended, or regulated as toxic under the Toxic Substances Control Act or, 15 U.S.C.A, Section 2601 et seq., as amended, regulations promulgated hereunder or applicable state law or City ordinances concerning the regulation of hazardous or toxic wastes. 1,21 Landfill (Sanitary): A lawfully permitted sanitary Landfill of the Contractor's selection. 1.22 Polycart (when used alone): Trash and Recyclables Polycarts, collectively. 1.23 Recyclable Materials; Commodities collected by Contractor pursuant to this Contract, which can be sold in a spot or future market for processing and use or reuse including, but not limited to, newsprint, magazines, plastic (PET and HDPE) bottles, glass containers, aluminum cans and metal (tin) cans. Items may be added or deleted with mutual consent of Contractor and City. 1.24 Recyclables Polycart: A rubber -wheeled receptacle with a maximum capacity of 65gallons constructed of plastic, metal and/or fiberglass, designed for automated or semi -automated Solid Waste/Recyclable Materials collection systems, and having a tight -fitting lid capable of preventing entrance into the container by small animals. The weight of such Recyclables Polycart and its contents shall not exceed 175 Ibs. Polycarts will be provided to each Commercial or Industrial Unit, with ownership retained by Contractor. 1.25 Refuse: Garbage, Rubbish, Solid Waste, Construction Debris and Stable Matter generated by a Customer at a Residential Unit, a Commercial Hand Collect Unit, or a Commercial or Industrial Unit, otherthan Unacceptable Waste, or other materials prohibited from collection or disposal under this Contract by federal or state laws or regulations, 1,26 Residential Unit: A single family residential dwelling or multifamily development consisting of up to four residential dwelling units, but not including an Apartment Complex. Each mobile or manufactured home located in a mobile or manufactured home park, and each residential dwelling unit in a multi -family development other than an Apartment Complex, shall be treated as a separate Residential Unit, A Residential Unit shall be deemed occupied when either water or domestic light and power services are being supplied to the dwelling or dwelling unit. 1.27 ResldentialCustomer; AnoccupantorownerofaResidentialUnitlocatedwithintheContractArea. SOLID WASTE COLLECTION AND DISPOSAL CONTRACT Page 2 of 17 Contractor's Initials �___ 1.28 Roll -off Bin: Containers provided to Customers by Contractor measuring 20 cubic yards, 30 cubic yards, or 40 cubic yards —intended for high -volume Refuse generating Customers —capable of pickup and transport to Landfill by loading of container onto rear of transporting vehicle. 1.29 Rubbish: All Waste, wood, wood products, yard trimmings, tree trimmings, grass cuttings, dead plants, weeds, leaves, dead trees or branches thereof, chips, shavings, sawdust, excelsior, printed matter, paper, pasteboard, rags, cartons, straw, rubber, plastics, used and discarded furniture, used and discarded clothing, used and discarded slices and boots, combustible Waste pulp and other products such as are used for packaging orwrapping, tin cans, aluminum cans, crockery and glass, ashes, cinders, floor sweeping, glass mineral or metallic substances, and any and all other Waste materials not included in the definition of Bulky Waste, Construction Debris, Garbage, Unacceptable Waste or Stable Matter, 1.30 Special Waste: Special waste as defined in Title 30 Texas Administrative Code Chapter 330, Section 330.3, as amended. 1.31 Solid Waste: Any Garbage, Rubbish, Refuse, Construction Debris, Stable Matter and other Waste that Contractor is required to collect under this Contract, including but not limited to sludge from a wastewater treatment plant, water supply treatment plant, or air pollution control facility, and other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from Industrial, municipal, commercial, mining, and agricultural operations and from community and institutional activities. The term does not include: (Aj solid or dissolved material In domestic sewage, or solid or dissolved material in irrigation return flows, or industrial discharges subject to regulation by permit issued under the Water Code, Chapter 26; (B) soil, dirt, rock, sand, and other natural or man-made inert solid materials used to fill land if the object of the fill is to make the land suitable for the construction of surface improvements; or (C) Unacceptable Waste. 1.32 Subcontractor: any person or entity that performs any of the wori<that is the subject of this Contract who is not an Employee of Contractor. 1.33 Stable Matter: All manure and other waste matter normally accumulated in or about a stable, or any animal, livestock or poultry enclosure, and resulting from the keeping of animals, poultry, or livestock. 1.34 Trash PolVcart: A rubber -wheeled receptacle with a maximum capacity of 95 gallons constructed of plastic, metal and/or fiberglass, designed for automated or semi -automated Solid Waste collection systems, and having a tight fitting lid capable of preventing entrance into the container by small animals. The weight of a Polycart and its contents shall not exceed 176 lbs. Trash Polycarts will be provided to each Residential Unit and Commercial Hand Collect Unit, with ownership retained by Contractor. 1.35 Waste: Refuse that is lawfully placed for collection at: Residential Units, Commercial or Industrial Units, Commercial Hand Collect Units, or other buildings or premises where Refuse accumulates. 1.36 Unacceptable Waste: Any and all waste, including but not limited to, Hazardous Waste, Class 1 industrial nonhazardous Special Waste (except pursuant to a Special Waste agreement), and untreated Medical Waste, the acceptance and handling of which by Contractor would cause a violation of any permit condition, legal or regulatory requirement, substantial damage to Contractor's equipment or facilities, or present a substantial danger to the health or safety of the public or Contractor's employees. SOLID WASTE COLLECTION AND DISPOSAL CONTRACT Page 3 of 17 Contractor's Initials 2.00. SCOPE OF WORK As described in more detail in this Contract, the Contractor shall provide, in a good workmanlike manner, the services called for and described herein which shall consist of all supervision, equipment, labor, and all other items necessary to provide the City with Solid Waste collection, removal and disposal and to complete said work in accordance with this Contract. 3.00 TYPES OF COLt,ECT10N 3.01 Solid Waste Collection from Residential Units and Commercial Hand Collect Units: The Contractor shall provide semi -automated collection service to all Residential Customers and Commercial Hand Collect Customers for the collection of all Waste properly placed in Trash Polycarts every Tuesday or other designated collection day as agreed to by City and Contractor. In addition, Contractor shall collect a maximum of two of any combination of smaller Bulky Waste items (where the horizontal and vertical dimensions of the item do not exceed four feet in any direction, and the weight is less than 50 lbs.) or Bundles during the regular Tuesday pick-up and any other designated pick-up day. The two bulky waste Items can Include lawn bags. Trash Polycarts and any smaller Bulky Waste items or Bundles shall be placed at curbside by 7:00 A.M. on the designated collection day. On the first regular pick-up day for Solid Waste following Christmas Day, Contractor shall collect up to four smaller Bulky Waste items (as defined in this paragraph) and tip to six additional securely tied trash bags not exceeding 45 gallons each placed at the curb next to the Trash Polycart. In addition, Contractor shall provide free to each Residential and Commercial Hand Collect Customer, collection of live Christmas trees during the two -week period following Christmas Day. Collection of live Christmas trees shall occur on two separate designated collection days, once between Christmas Day and New Year's Day, and once following New Year's Day during the first week of January. 3.02 Recyclable Collection from Residential Units and Commercial Hand Collect Units: The Contractor shall provide semi -automated collection service to all Residential Customers and Commercial Hand Collect Customers, for the collection of all Recyclable Materials placed in a Recyciables Polycart every Friday or other designated collection day as agreed to by City and Contractor. Recyclables Polycarts shall be placed at curbside by 7:00 A.M. on the designated collection day. Customers are not required to separate Recyclable Materials by type of material; therefore, Recyclable Materials may be co -mingled with other Recyclable Materials. On the first regular pick-up day for Recyclable Material following Christmas Day, Contractor shall collect collapsed cardboard boxes placed at the curb next to the Recyclable Polycart. The number of boxes shall not exceed an amount normally expected for a typical Residential or Commercial Hand Collect Customer, 3,03 Bulky Waste Collection: The Contractor shall, at no additional cost, provide for the collection of Bulky Waste not exceeding 2 cubic yards from Residential Customers and Commercial Hand Collect Customers once per month on the third Friday of each month oron a designated day agreed to by City and Contractor. For an amount of Bulky Waste material that exceeds this rough dimension, a Customer shall call the offices of Contractor to receive a quotation for the removal of a larger quantity. Bulky Waste item pickup is included in this Contract rate unless the items are business related or building materials. Refrigerators and air conditioning units must be serviced and tagged by a registered technician for removal of Freon before pickup. 3.04 Commercial and Industrial Dumpster Collection: Contractor shall provide automated collection service to all Commercial and Industrial Customers for the collection of all Waste properly placed in Dumpsters. Collections shall occur the minimum number of times and by the size of Dumpster required by each Customer at the rates set forth in this Contract. Most Dumpsters are required to be enclosed in a Dumpster enclosure with a minimum 10-foot clear opening. The Contractor is required to close and secure the doors to all Dumpster enclosures after replacing the Dumpster. 3.05 Commercial Roll -off On Collection: Roll -off Bins at the size requested by the Customer shall be rented to and picked up on request of the Customer and shall be billed for each pickup in addition SOLID WASTE COLLECTION AND DISPOSAL CONTRACT Page 4 of 17 Contractor's Initials �tZ to a monthly rental charge (said rental charge to be calculated daily) at the rates set forth in this Contract. 4.00 OTHER SERVICES PROVIDED BY CONTRACTOR 4,01 Sludge Removal: Contractor shall supply at no rental cost a 20-cubic yard Roll -Off Bin to a location specified by the City for Waste Water Sludge from City's water treatment plant (20 cubic yard roll off container). As to said Roll -off Bin, City will pay $150.00 per pickup, plus $32 per ton disposal fee. Pick up shall be on an as -needed basis as often as specified by the City. 4,02 Solid Waste Collection at Community Events: Contractor shall provide, at no cost to the City, Waste containers, collection, and disposal services for all City -sponsored or City -endorsed special events that take place in the Contract Area (i.e., July 411' celebration, parades, festivals, etc.). The number and placement of Waste containers shall be coordinated with the City. Contractor shall further provide, at no cost to the City, three 30 cubic yard Roll -off Bins twice each year for a City sponsored clean-up event. Collection and disposal of said Roll -off Bins shall be provided by Contractor at no cost to the City. 4.03 Solid Was Collection and Disposal for City Projects: Up to ten times per year, Contractor shall provide, at no cost to the City, a single 30 cubic yard Roll -off Bin for the purpose of collecting Solid Waste or Construction Debris from City projects. A total of six disposal pick-ups per year of said Roll -off Bins shall be provided by Contractor at no cost to the City. 4.04 Storm Debris Collection and Disposal: In the event of a natural disaster, or other act of God, as determined by the City, the Contractor shall have 12 hours to provide to the City the types and amounts of resources available to be immediately deployed in response to such an incident. At a minimum, the Contractor shall be required to provide four (4) 30-yard Roll -off Bins, emptied and returned two (2) times per day for a minimum of 5 days. Additionally, the Contractor will collect up to two (2) cubic yards of Bulky Waste per Residential Unit weekly for a minimum of four (4) consecutive weeks. All Storm Debris Collection and Disposal services shall be provided at no cost to the City. 4,05 Solid Waste Collection at City Facilities: Contractor shall provide, at no cost to the City, Waste collection, Dumpsters with locks (and/or Polycarts) or roll -off containers of the size and type indicated below at the following locations: NAME CURRENT LOCATION TYPE NUMBER OF PICKUPS CityAdministration *Police/Municipal Annex Building 111 N. Powell Pkw . 101 S. Powell Pkwy. 2 2 d.* yd * once once per per week* _ week* Public Works Bldg. 3223 N. Powell Pkw . 6 yd. once per week Public Works Bldg, Fire Station 3223 N. Powell Pkw . 305 S. Powell Parkwa 20 d. 2 d.* _. 6 times per twice er year week* AEDC Inc. Cube 312 N. Powell Parkway_ 2 VV once per week* Natural Springs Park 1201 W. White Street 2 yd, once per week Sla ter Crack Park 425 W. Rosemond Pkw . 4 d, once per week Sherely Park Johnson Parl< 101 S. Sherel 504 FM 2662 North 2 2 d* yd, twice twice per er week weekelect * In lieu of Dumpster, City mPolycarts with comparable volume to be collected twice per week per the Residential and Comltlercial Hand Collect Trash Collection service. 4.06 Solid Waste Collection at Churches: Contractor shall provide free collection and disposal of a single Trash Po.lycart and a single Recyclables Polycart for all churches in the Contract Area. SOLID WASTE COLLECTION AND DISPOSAL CONTRACT Page 5 of 17 Contractor's Initials '�� 4.07 Service to Disabled and Elderly Residential Customers: Notwithstanding anything to the contrary contained herein, Contractor agrees to assist physically disabled and elderly Residential Customers with the curb -side collection of their Solid Waste and Recyclable Material; provided that Contractor receives prior written notice from the Customer or the City of such special need. The City shall make the final determination as to the eligibility of a Residential Customer to qualify for this service. 5.00, COLLECTION OPERATION 6,01 Hours of Operation: The Contractor will determine hours of operation subject to the following: 1) In residential areas or locations immediately adjacent to residential areas, collection of Solid Waste shall begin no earlier than 7:00 a.m. and shall generally not extend beyond 7:00 p.m.; 2) There shall be no Solid Waste collection on Sunday without prior written approval of the City. 5,02 Hours of Disposal: Contractor shall dispose of waste within the operating hours of the Landfill. 5,03 Routes of Collection: Collection routes shall be established by the Contractor as approved by the City. The City shall be provided route collection maps and container locations and shall make final determinations regarding routes and has the right to reject and request modification of routes, and updates on routes of Contractor. Contractor may submit proposals changing the collection routes and/or changing the collection days to the City for its prior approval, which approval shall not be unreasonably withheld. Upon City approval, Contractor shall promptly give advance written notice to the affected Customers of any substantive changes. 5.04 Holida s: The following shall be holidays for purposes of this Contract: New Year's Day Memorial Day Labor Day Thanksgiving Day Christmas Eve Independence Day Christmas Day Contractor may decide to observe any or all of the above -mentioned holidays by suspension or collec#ion service on the holiday, but the Contractor must meet its obligation as required. Male -up days shall be the business day prior to or following the holiday or another day agreed to by City and Contractor. Not later than December 1st of each year, Contractor shall submit its request for suspension of service for the coming year. 5.05 Office: The Contractor shall maintain an office or such other facilities through which it can be contacted. It shalt be equipped with sufficient telephones and shall have a responsible person in charge from 8:00 A.M. to 5:00 P.M., Monday through Friday. 5.06 Complaints: (a) The Contractor, at its expense, will provide a telephone answering service from 8:00 A.M. until 5:00 P.M. daily, Monday through Friday, excluding such Holidays as may be approved under this Contract, for the purpose of handling complaints and other calls regarding Solid Waste collection service provided by the Contractor. The Contractor will secure an annual listing in the local phone directory with coverage of Anna, under the name by which it conducts business in the community. All complaints can be made directly to the Contractor and shall be given prompt and courteous attention. In the case of alleged missed scheduled collections, the SOLID WASTE COLLECTION AND DISPOSAL CONTRACT Page 6 of 17 Contractor's Initials Contractor shall investigate and if such allegations are verified, shall arrange for the collection of the Solid Waste not collected within 24 hours after the complaint is received. (b) The Contractor will check with City Flail during the collection day and at the conclusion of the collection day to address any complaints. 5.07 Collection -Equipment and Property Qamaae: (a) Contractor, at its sole cost and expense, agrees to furnish, all trucks, equipment, machines, and labor which are reasonably necessary to adequately, efficiently, and properly collect and transport Solid Waste from accounts serviced by Contractor in accordance with this Contract. Collection of Solid Waste shall be made using sealed packerAype trucks, and such equipment shall not be allowed to leak nor scatter any waste within the limits of the City nor while in route to the Disposal site, where such accumulation shall be dumped. Contractor shall, if necessary, hand -clean all spillage resulting from its Solid Waste and Recyclable Materials collection activities. (b) Due to street size variations in the City, the Contractor will need to provide equipment that will accommodate such public streets and alleys. The Contractor will utilize lighter -capacity single - axle automated collection trucks (not larger than 20-yard capacity) on all public streets and alleys and in any other areas identified by the City and Contractor as likely to be damaged by the use of heavier Solid Waste hauling equipment (i.e., on asphalt or seal coat paved streets and parking areas). The City shall make the final decision as to whether an area is likely to be damaged by the use of heavier Solid Waste hauling equipment. (c) The Contractor shall be responsible for the repair of damage to paved surfaces on public streets, alley or thoroughfares when such damage is caused by the negligent or inappropriate operation of the Contractor's collection equipment, The Contractor shall not be responsible for regular wear and tear of public rights of way or regular maintenance to such rights of way. Substantiation of the cause of such damage shall be determined by the mutual agreement of the City and the Contractor. Within thirty (30) days after agreement of the parties that such damage was caused by the negligent or inappropriate operation of the Contractor's equipment, the Contractor shall either arrange for the satisfactory repair of the pavement and damage items or repairs will be performed by the City and the Contractor shall reimburse the City on a time -plus- material basis. Reimbursement for the materials and labor shall be in the form of a credit on the Contractor's next monthly billing for residential collection services. The Contractor shall be responsible for the repair of damage to residential or commercial properties when such damage is caused by a negligent act or omission of the Contractor. Substantiation of the cause of such damage shall be determined by mutual agreement of the City and the Contractor. If the parties determine that such damage is caused by a negligent act or omission of the Contractor, the Contractor shall make the repairs within one (1) week of such determination, unless additional time is needed to meet the repair requirements. The Contractor agrees to notify the resident or business and the City of its course of action and give a reasonable tit neframe for completion. (d) All motor vehicles used in performance of the obligations herein created shall be clearly marked with the Contractor's name, telephone number and unit number legible from 150 feet. No advertising shall be permitted on vehicles. Such vehicles shall be maintained and painted as often as necessary to preserve and present a well -kept appearance. Vehicles are to be washed on the inside and sanitized with a suitable disinfectant and deodorant a minimum of once a month. Such vehicles shall be washed and painted or repainted as often as necessary to keep them in a neat and sanitary condition. (a) All collection equipment shall be maintained in a first class, safe, and efficient working condition throughout the term of this Contract and shall adhere to a regular preventative maintenance SOLID WASTE COLLECTION AND DISPOSAL CONTRACT Page 7 of 17 Contractor's Initials ',TN: program. The Contractor shall complete a thorough inspection of the equipment and vehicles prior to each single use of said equipment and vehicles within the City of Anna. The inspection must be documented on a form approved by the City of Anna and shall include a daily nspection of such items as hydraulic hoses and fittings, fluid levels and vehicle -safety features. In no case shall equipment and vehicles be used to provide services to the City if said vehicles and equipment include unresolved deficiencies. Daily inspection reports shall be signed by a competent person and shall be submitted to the City of Anna on a monthly basis. The City may inspect Contractor's vehicles at any time to ensure compliance of equipment with this Contract or require an equipment replacement schedule to be submitted to City. 5.08 Disposal: Except for Recyclable Material collected from Recyclables Polycarts, Contractor shall deliver all Solid Waste collected under this Contract to a Licensed Sanitary Landfill operated in compliance with rules adopted by the TCEQ and/orthe USEPA. Contractor shall deliver Recyclable Material collected from Recyclables Polycarts to a processing site, which must have established Commodity Buyers or markets for the Recyclable Material, The Contractor shall be required to identify the processors of the Recyclable Material upon request by the City. Recyclable Materials collected for the purpose of recycling may not be deposited in any Landfill. The Contractor shall further meet the following requirements: (a) No later than December 31 each year, Contractor shall submit a list of the landfill(s) it has utilized in the previous year, and the landfill(s) it intends to utilize for the coming year. (b) In the event a collection of Recyclable Materials is rejected at the processing site due to excessive contamination, Contractor shall immediately notify the City of such occurrence. 5,09 S ilia e: The Contractor shall be responsible for all spilled or scattered Solid Waste or Recyclable Materials (collectively, "Spillage') caused in whole or in part by its acts or those of any of Its Employees or Subcontractors; in which case all Spillage shall be picked up and cleaned immediately by the Contractor. Contractor will not be required to clean up or collect Spillage not caused by the acts of its Employees or Subcontractors, but shall report the location of such Spillage to the Anna City Hall so that proper notice can be given to the Customer at the premises to prevent Spillage. Notwithstanding the foregoing, Contractor shall pick up Spillage or excess Solid Waste from Commercial and Industrial Customers after the Customer reloads the container if overfilled by the Customer. In such cases, Contractor shall be entitled to an extra collection charge for each reloading of a Dumpster or Roil -off Bin requiring an extra collection. Should such spillage continue to occur at Commercial and Industrial Customer locations, City shall require the Customer and Contractor to increase the frequency of collection of the Customer's Solid Waste or require the Customer to utilize a Dumpster or Roll -off Bin with a larger capacity, and the Contractor shall be compensated for such additional services in accordance with the rates set forth in this Contract. City agrees to require and Contractor agrees to supply additional Polycarts at Residential Units and Commercial Hand Collect Units which regularly generate Solid Waste in excess of what can be contained in their existing Polycart(s). Customers must pay an additional amount as outlined in this Contract for additional Polycarts. 5,10 Vicious Animals: Employees of the Contractor shall not be required to expose themselves to the dangers of vicious animals in order to accomplish Solid Waste collection In any case where the owner or tenants have animals at large, but the Contractor shall immediately notify the City, in writing, of such condition and of Contractor's inability to make collection. 5,11 Hazardous Waste: Contractor shall not be obligated to collect Hazardous Waste, including refrigeration appliances that have not had CFC's removed by a certified technician, tires, automobile/vehicle batteries, petroleum products, paints and other chemicals and solvents identified as hazardous by the U.S. Environmental Protection Agency, SOLID WASTE COLLECTION AND DISPOSAL CONTRACT Page 8 of 17 Contractor's 5.12 Protection From Scattering: Each vehicle shall be equipped with a cover which may be net with mesh not greater than 1-1/2 inches, or tarpaulin, or fully enclosed metal top to prevent leakage, blowing or scattering of Solid Waste or Recyclable Materials onto public or private property. Such cover shall be kept in good order and used to cover the load going to and from the Landfill, during loading operations, or when parked if contents are likely to be scattered. Vehicles shall not be overloaded so as to scatter Solid Waste or Recyclable Materials; however, if Solid Waste or Recyclable Materials are scattered from Contractor's vehicle for any reason, it shall be picked up Immediately by the Contractor. Each vehicle shall be equipped with a fork, broom and shovel for this purpose. 5.10 Number of Collections: The collection and removal of Solid Waste from premises used for commercial, institutional, or industrial purposes shall be made as often as necessary in order to maintain the premises free of such accumulations. Solid Waste shall be collected not less than one time each week, except for Roll -off Bins which shall not be subject to this provision so long as they are used solely for brush and dry Solid Waste. Materials in Recyclables Polycarts shall be collected and disposed of weekly. L 5.14 Collect Collection: Contractor shall collect each Polycart, Bundle, or Buy as e i em rom Residential and Commercial Hand Collect Customers that is placed at curbside for collection in accordance with this Contract and the ordinances and regulations adopted or promulgated by the City. Curbside refers to that portion of right of way adjacent to public roadways, regardless of the type of road surface or whether the road is curb and gutter. Each Polycart, Bundle, or Bulky Waste tern shall be placed in an accessible, outdoor location on a hard surface according to the individual agreement. The Contractor may decline to collect such materials not so placed. 5.15 Collection Containers Responsibility of Contractor: The type and quality of Solid Waste collection containers that Contractor provides under this Contract (including Polycarts, Dumpsters, and Roll - off Bins) shall (consistent with this Contract) be of the same or better type and quality of Solid Waste collection containers provided by the Contractor under the immediately preceding Solid Waste Collection Contract, attached hereto as Exhibit A, and the Commercial and Industrial Solid Waste Collection and Disposal Contract, attached hereto as Exhibit B. Prior to changing the manufacturer or types of Solid Waste collection containers that Contractor is required to provide under this Contract, Contractor shall submit to City for City's sole approval, the proposed manufacturer's information, photographs, and any other information required by the City, of the collection and disposal equipment that is proposed to be used and/or provided by Contractor under this Contract, including Polycarts, Dumpsters, and Roll -off Bins of the various sizes and types that will be used to fulfill the requirements of this Contract. The Contractor shall further meet the following requirements: a. Contractor shall provide each Residential and Commercial Hand Collect Customer a single 95 gallon Trash Polycart and a single 65 gallon Recyclables Polycart. Each Polycart shall be branded with the name of Contractor's business and a unique identifying number. Trash Polycarts and Recyclables Polycarts shall be different colors approved by the City. Residents are permitted to purchase one additional polycart and one additional recycle cart or a combination not to exceed two additional carts per residence at the rate listed in 12.01 and 12,02 b. Contractor shall provide each Commercial and Industrial Customer Dumpster(s) and/or Roll - off Bin(s) which are reasonably necessary to adequately, efficiently, and properly collect Solid Waste from Customers serviced by Contractor in accordance with this Contract. c. Contractor shall be responsible for replacing Customer Polycarts, Dumpsters and Roll -off Bins that are stolen or become damaged through normal use. All commercial and industrial containers shall be in good repair, with the name of Contractor's business and phone number clearly Identifiable on the container. SOLID WASTE COLLECTION AND DISPOSAL CONTRACT Page 9 of 17 Contractor's Initials l� 5.16 Personnel: (a) The Contractor shall employ a sufficient number of employees to meet its obligations under this Agreement, and all of the Contractor's employees shall be fully qualified to perform the duties assigned to them within the City. (b) The Contractor shall perform a driving record check of each driver working within the Ci#y as least once every (12) months and shall take all reasonable steps to ensure that its drivers have safe driving records and are legally authorized to drive within the City. (c) 7ha Contractor shall remove any driver with an unsafe driving record from working within the City. The Contractor shall remove any driver from working within the City who is deemed unqualified to operate a commercial vehicle under the State of Texas regulations regarding the operation of a commercial motor vehicle. Furthermore, upon the written request of the City, the Contractor will remove any person providing services under this Agreement who the City reasonably requests to be removed from performing work pursuant to this Agreement. 6.00 LICENSE AND TAXES The Contractor shall obtain all licenses and permits and promptly pay all taxes required by the City and the State. 6.00 INDEMNITY It is expressly understood and agreed that the City has no right of control, supervision, or direction over any work performed by the Contractor, its agents, employees, subcontractors or Customers, nor does the City have any control, supervision or direction of the means, methods, sequences, procedures, and/or tarhri noes utilized to complete such work. There shall be no joint control over any such work. CONTRACTOR AGREES TO INDEMNIFY DEFEND AND HOLD HARMLESS THE CITY, AND ITS OFFICIALS OFFICERS AND EMPLOYEES FROM AND AGAINST ANY AND ALL SUITS %CTIONSt LEGAL PROCEEDINGS CLAIMS DEMANDS, DAMAGES, COSTS, EXPENSES, AND ATTORNEYS FEES AND RELATED EXPENSES ARISING OUT OF ANY WILLFUL OR NEGLIGENT ACTS OR OMISSIONS INCIDENT TO ANY WORK OF THE CONTRACTOR. THE CITY SHALL NOT BE RESPONSIBLE FOR ANY NEGLIGENCE, GROSS NEGLIGENCE. BREACH OF CONTRACT INTENTIONAL CONDUCT VIOLATION OF STATUTE OR COMMON LAW, BREACH OF WARRANTY PRODUCT DEFECT OR ANY OTHER CONDUCT WHATSOEVER OF CONTRACTOR OR ANY OF ITS AGENTS 5MPLOYEES5 OR CUSTOMERS. THE INDEMNITY HEREIN IS SPECIFICALLY INTENDED TO OPERATE AND BE APPLICABLE IF IT IS ALLEGED OR PROVED THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED IN WHOLE OR IN PART BY ANY ACT OMISSION NEGLIGENCE, GROSS NEGLIGENCE, BREACH OF CONTRACT INTENTIONAL CONDUCT VIOLATION OF STATUTE OR COMMON LAW, OR ANY OTHER CONDUCT WHATSOEVER BY THE CITY OR ITS OFFICIALS, OFFICERS, OR EMPLOYEES. 7.00 INSURANCE The Contractor shall secure and maintain at its sole cost throughout the duration of this Contract, insurance issued by a carriers) authorized to do business in Texas, of such types and in the amounts specified herein to protect Contractor and the interests of the City against all hazards or risks of loss as hereinafter specified with the City named as additional insured on all policies. Contractor shall procure and maintain for the duration of this Contract insurance against claims for injuries to persons or damages to property, which may arise from or in conjunction with the performance of the work hereunder by Contractor, or tine Contractor's agents, representatives, Employees, or Subcontractors. The form and limits of such insurance, SOLID WASTE COLLECTION AND DISPOSAL CONTRACT Page 10 of 17 Contractor's Initials_ #ogether with the underwriter thereof in each case, must be acceptable to the City but regardless of such acceptance it shall be the responsibility of Contractor to maintain adequate insurance coverage at all times. Failure of Contractor to maintain adequate coverage shall not relieve Contractor of any contractual responsibility or obligation. Each policy shall provide that there will be no cancellation or alteration or modification that reduces coverage in any way prior to 30 days written notice being given to the City. A copy of each policy, or at the City's discretion, a certificate of insurance, shall be filed with the City Secretary's office. Minimum levels of insurance are required to be kept as follows: Minimum Limifs of Insurance: Type Coverage Per Occurrence Aggregate Minimum Minimum Workers Compensation As required by law and shall As required bylaw, cover all employees including drivers. Comprehensive General $120001000 $1,000,000 Liability minimum minimum Property Damage $1,0003000 $1,000,000 Comprehensive Auto Liability $1,0001000 $1,0001000 Bodily Injury $1,000,000 $1,000,000 Comprehensive Auto Liability- $500,000 $1,000,000 Pro ert Damage Umbrella POIIC $5,000 000 $5,000 000 8.00 PERFORMANCE BOND For the purpose of securing the performance of Contractor's obligations hereunder, Contractor shall obtain a corporate surety bond in the amount of $250,000.00, which shall guarantee its performance under this Contract during the entire five-year term of this Contract. All premiums due on such bond shall be paid by Contractor. At the City's request, Contractor shall provide a copy of such bond along with a certificate from the surety of such bond stating that all premiums due on the bond have been paid in full. The surety on the bond shall be a duly authorized corporate surety authorized to do business in the state of Texas. All bonds shall be issued by a Best -rated bonding company. Contractor must give the City at least 30-days notice if t has any reason to believe that the bond may be cancelled, revoked or modified in any manner. The bond itself must state as follows: "The surety will provide the City of Anna at least 30 days notice before this bond s cancelled, revoked or modified in any manner." 9.00 ADJUDICATION AND NOTICE PROCEDURES 9.01 Contractor must deliver written notice to City within three calendar days of any act, occurrence or event giving rise to any claim, dispute or controversy between Contractor and City. 9.02 Contractor must also deliver within 25 days of any such act, occurrence or event giving rise to any claim, dispute or controversy between Contractor and City, a detailed written specification of such claim, dispute or controversy and the particular alleged damages associated with such claim, dispute or controversy with supporting documentation. SOLID WASTE COLLECTION AND DISPOSAL CONTRACT Page 11 of 17 Contractor's Initials �� 9.03 After these notices are made by Contractor, the parties agree to attempt to resolve Lite claim, dispute or controversy by mediation with a mediator selected by the City. Mediation shall occur within 30 days of the 25-day notice, and the costs of mediation will be shared equally by the parties. 9.04 Strict adherence to these adjudication and notice requirements shall be a condition precedent to Contractor filing a claim, suit, or any cause of action which has as its basis any such act, occurrence or event giving rise to any claim, dispute or controversy between Contractor and City. The failure by Contractor to follow the adjudication and notice procedures precisely as set forth in this provision and this Contract shall act and operate as a waiver and complete bar to any recovery for such claim, dispute or controversy, and the Contractor shall be barred from making any such filing and shall not be entitled to any damages regarding such claim, dispute or controversy regarding such claim, dispute or controversy. 10.00 TRANSFERABILITY OF CONTRACT No assignment of the Contract or any right accruing under the Contract shall be made in whole or in part by the Contractor without the express written consent of the City. In the assignment, the assignee shall assume the full obligations and liability of the Contractor. The City reserves the exclusive right to determine fhe competence and responsibility of any such proposed assignee. 11.00 OWNERSHIP Title to Solid Waste and Recyclable Material shall pass to Contractor when placed in Contractor's collection vehicle, removed by Contractor from a Bin, Polycart, or Dumpster, or removed by Contractor from the Customer's premises, whichever last occurs. This does not in any manner excuse Contractor from the obligation to dispose of all Solid Waste at a land fill and deposit all Recyclable Material at a processing site in the manner required under this Contract. 12.00 RATES BILLING AND FRANCHISE FEE 12,01 Residential and Commercial Hand Collect Customer Rates The City will pay Contractor $13.50 a month per Residential and Commercial Hand Collect Customer, and $5,00 per month for each additional Polycart requested by and delivered to a Customer. A billing fee will be determined by the City and added to the base. 12,02 Recyclable Polycart Rates for Commercial and Industrial Customers Contractor shall provide Recyclables Polycarts to Commercial and Industrial Customers upon request. City will pay Contractor $5 per month for each Recyclables Polycart provided to Commercial and Industrial Customers with said monthly charge including once weekly collection and disposal service. 12,03 Dumpster Rates Contractor shall be compensated at the following rates below. A billing fee will be determined by the City and added to the base. SOLID WASTE COLLEGTION AND DISPOSAL CONTRACT Page 12 of 17 Contractor's Initials,�_ Dumpster Rates Size/Pickup 1xWeek 2x Week 3x Week 4x Week 5x Week Extra Pickup 2 Cu Yd $40 $61 $82 $103 $124 $31 3 Cu Yd $50 $88 $126 $164 $202 $39 4 Cu Yd $60 $108 $156 $204 $252 $49 6 Cu Yd $80 $141 $202 $263 $324 $54 8 Cu Yd $100 $165 $230 $295 $360 $63 Locking bars, locks and casters shall be provided as requested by a Customer at no additional charge. 12.04 Roll -Off Bin Container Rates Roll -Off Bin Container Rates: Contractor shall be compensated at the following rates below. Size/Pickup Rental per dav Gost per pickup Deliver Charge 20 Cu Yd $4 $246 $60 30 Cu Yd $4 $305 $60 40 Cu Yd $4 $351 .$60 40 Cu Yd (compactor) $4 $384 $60 Franchise Fee: For the exclusive use of public streets and right-of-way for the provision of services set fdrth in the Contract, Contractor shall be responsible to the City far a Franchise Fee in the amount of 10% of all amounts that the Contractor is entitled to receive (whether or not actually received) from Customers for Roll -Off Bin Services under this Contract regardless of whether the Contractor or the City performs the billing for such services. The Contractor shall pay the City on a monthly basis determined by the amount billed by the Contractor regardless of whether a Customer defaults on a bill. Such payment shall be paid to the City on or before the twenty fifth (25th) day of each calendar month for amounts billed by the Contractor for the performance of services during the immediately preceding calendar month. The Contractor shall provide to the City a detailed billing report which reconciles to the payment submitted. 12.05 Rate Adjustments: Rate adjustments sought by Contractor will be considered by the City no more than once per year during fhe ferm of this Contract. The change in the Consumer Price Index (Dallas/Fort Worth, all Urban Consumers) during each 12-month period, and other factors may be considered by the City Council in making rate adjustments. All rate adjustments are at the discretion of the City, and rate increases may be temporary when deemed appropriate by the City. The City reserves the right to increase rates or charges to Customers without any increase in compensation to the Contractor. Rate adjustments shall be made In writing by resolution or ordinance of the City Council. In conjunction with any rate adjustment request, SOLID WASTE COLLECTION AND DISPOSAL CONTRACT . Page 13 of 17 Contractor's Initials Sri-' Contractor shall submit to the City a listing of all equipment owned by and available to the Contractor to perform the Contractor's obligations under this Contract. This list shall include vehicle make and model, age, mileage, and overall condition of the vehicles, 12,06 Billing: (a) Party Performing Billing. The City will exclusively perform Customer billing of Residential, Commercial Hand Collect, and Commercial and Industrial Customers except that Contractor shall, at the City's option, perform Customer billing for rental and services related to Roll -Off Bins. The City may at any time assume the performance of all Customer billing, including billing related to Roll -Off Bins at any time during the term of this Contract. Should the City decide to assume the performance of billing for services related to Roll -Off Bins, or reassign such duty to Contractor, the City shall give the Contractor at least 30 days advance written notice and the Contractor must cooperate with the City in all reasonable respects to facilitate the billing. The City will remit to Contractor the amounts received from Customers —less Franchise Fees and any funds that the City is entitled to retain based on rate increases —within 10 days of receipt of same, (b) Contractor's Duties to Provide Biiling Information. To assist the City in billing and to provide verification of billing information with respect to Contractor's services, Contractor shall provide the City with a detailed monthly invoice showing all services rendered for the immediately preceding month. Said invoice shall be due on or before the fifth day of each month, and must include, at a minimum: (1) the number of Residential and Commercial Hand Collect Customers; (2) the number and location of each additional Polycart provided to Residential and Commercial Hand Collect Customers; (3) the amount to be billed to Residential and Commercial Hand Collect Customers for all services that Contractor provided during the applicable month; (4) the following information for each Commercial and Industrial Customer: (a) the name and address of each Customer; (b) the amount, location, and size of Dumpsters and for each Dumpsterthe number of collections per week and extra pickups; (c) the amount, location, and size of Roll -Off Bins, and for each Roll -Off Bin the number of days rented, number of pickups performed, and amounts for delivery charges; (d) the amount and location of each Recyclables Polycart; (e) the amount to be billed to each Customer for all services related to Recyclables Polycarts and Dumpsters that Contractor provided during the applicable month; and, (f) the amount to be billed to each Customer for all services related to Roll - Off Bins that Contractor provided during the applicable month. 13.00 RECORDS 13.01 The Contractor agrees to maintain at Contractor's place of business adequate records relating to the performance of Contractor's duties under this Contract, and such records shall be made available at any time during business hours for inspection by the City, at the City's expense, upon reasonable advance notice. 13.02 Contractor shall provide City each month, a written report that shows: 1) the total amount of Solid Waste collected under this Contract and disposed of in a Landfill during the reporting period; and 2) the total amount of Recyclable Material collected under this Contract and deposited at a processing site with established Commodity Buyers or markets for the Recyclable Material during the reporting period. 14.00 TERMINATION FOR CAUSE a. The City may cancel this Contract by giving the Contractor ten days' written notice, upon the happening of any one of the following events: 1. The Contractor shall tales the benefit of any present or future insolvency statute, or shall make a general assignment for the benefit of creditors, or file a voluntary petition In bankruptcy (court) or a petition or answer seeking an arrangement for its reorganization or the readjustment of ifs SOLID WASTE COLLECTION AND DISPOSAL CONTRACT Page 14 of 17 Contractor's initials indebtedness under the Federal bankruptcy laws or under any other law or statute of the United States or any state thereof, or consent to the appointment of a receiver, trustee or liquidation of all or substantially all of its property. (In the event that any bankruptcy, insolvency, reorganization, receivership, or similar proceeding is instituted by or against the Contractor, or in the event the Contractor makes an assignment for the benefit of creditors, the Contractor shall not assert or list this Contract as an asset of such action); or 2. By order or decree of a court, the Contractor shall be adjudged bankrupt or an order shall be made approving a petition filed by any of its creditors or by any of the stockholders of the Contractor, seeking its reorganization or the readjustment of its indebtedness under the Federal bankruptcy laws or underany law or statute of the United States or of any state thereof; or 3. By, or pursuant Yo, under the authority of any legislative act, resolution or rule or any order or decree of any court or governmental board, agency or officer having jurisdiction, a service, trustee or liquidation shall take possession or control of all or substantially all of the property of the Contractor, and such possession or control shall continue in effect for a period of 60 days; or 4. Failure to comply with any state or federal law relating to health or safety governing the service provided under this Contract or failure to obtain, and maintain, any state or federal permits required or any insurance coverage or bond as stated herein. In the event of any such failure, termination shall be effective upon the date specified in the City's written notice to the Contractor and upon said date this Contract shall be deemed immediately terminated and upon such termination all liability of the City under this Contract to the Contractor shall cease. b. It is expressly understood and agreed that, if at any time Contractor shall fail to pertorm any of fhe terms, covenants, or conditions herein set forth, and shall fail to correct same within 15 days after written notice from the City, the City may, after a hearing as described herein, revoke and cancel the franchise herein granted, and this Contract shall become null and void. The hearing prerequisite to such revocation shall not be held until notice of such hearing has been given to Contractor by certified mail, addressed to Contractor at the address shown in Section 15 of this Contract, and a period of at least 15 days has elapsed since the mailing of such notice. The notice shall specify the time and place of the hearing and shall include the reasons for revocation of such franchise and this Contract. The hearing shall be conducted in public by the City Council, and Contractor shall be allowed to be present and given full opportunity to answer such charges and allegations as are set forth in the notice. If, after the hearing is concluded, the City Council shall determine that the charges and allegations set forth in the notice are supported by the facts presented at the hearing, they may revoke and cancel this Contract and the franchise, and the same shall became null and void, except that all of Contractor's obligations under this Contract to indemnify, defend and hold harmless the City shall survive the termination of this Contract. 15.00 NOTICES Any notice required or permitted to be delivered hereunder shall be in writing and shall be deemed to be delivered when deposited in the United States snail, postage prepaid, certified mail, return receipt requested, addressed to the respective party of the address set forth below: If to the City, at: ATTN: City Manager City of Anna P.O. Box 776 Anna, Texas 75h09 If to the Contractor at: Bradshaw &Son Trash Service 1005 W. Houston St. SOLID WASTE COLLECTION AND DISPOSAL CONTRACT Page 15 of 17 Contractor's IniEials `.S�' Ahna, Texas 76409 or such other herewith, addresses as the parties may hereafter specify by written notice delivered in accordance 16.00 FORCE MAJEURE Notwithstanding anything herein to the contrary, Contractor shall not be liable for the failure to perform its duties if such failure is caused by a catastrophe, riot, war, governmental order or regulation, fire, Act of God, or other similar or different contingency beyond the reasonable control of Contractor. 17.00 SEVERABILITY In the event that any provision or portion thereof of any provision of this Contract shall be found to be invalid or unenforceable, then such provision or portion thereof shall be performed in accordance with applicable laws. The invalidity or unenforceability of any provision or portion of this Contract shall not affect the validity or enforceability of any other provision or portion of this Contract. 18,00 COMPLIANCE WITH LAWS All applicable state laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over the work to be performed shall apply to this Contract throughout, and they will be deemed to be included in this Contract as though written out in full in this Contract. Contractor, its officers, agents, employees, contractors, and subcontractors, shall abide by and comply with all laws, federal, state, and local. It is agreed and understood that, If the City calls the attention of Contractor to any such violations on the part of the Contractor, its officers, agents, Employees, contractors, or Subcontractors, then Contractor shall immediately desist from and correct such violation. 19.00 DISCRIMINATION PROHIBITED Contractor, in the execution, performance, or attempted performance of this service, shall not discriminate against any person or persons because of sex, race, religion, color, national origin, age or disability. The Contractor must be an equal opportunity employer. 20.00 TERM Subject to earlier termination as provided for under this Contract, the term of this Contract shall commence on September 1, 2018 and conclude on August 31, 2020, with three (3) automatic one-year extensions subject to earlier termination as set forth herein. Should either the City or Contractor elect not to renew and extend this Contractfor any additional one-year period, notice must be given, by certified mall (return receipt requested) to the other party in writing not less than 120 days prior to the expiration of this Contract or any extension. In the event no such notice of non -renewal is timely provided by either party, this Agreement shall automatically renew under the terms and conditions stated herein. 21.00 CONTRACT INTERPRETATION CHOICE OF LAW VENUE This Contract is the result of negotiation between the parties, and shall, in the event of any dispute over the meaning or application of any portion thereof, be interpreted fairly and reasonably, and neither more nor less strongly for or against either party, regardless of which party originally drafted the portion in dispute. The parties agree that this Contract shall be governed by the law of the State of Texas; the parties further agree that exclusive jurisdiction and venue for all actions arising out of this Contract shall be in Collin County, Texas, 22.00 MODIFICATION AND WAIVER SOLID WASTE COLLECTION AND DISPOSAL CONTRACT Page 16 of 17 Contracfor's Initials �_ Except as set forth in Section 23.00, below, this Contract constitutes the complete agreement between the City and Contractor, and supersedes any otherwritten or oral agreement. This Contract may not be altered, revised or modified except by a written modification signed and properly authorized by the parties. The failure of the City at any Time to require performance by Contractor of any provisions hereof shall in no way affect the right of the City thereafter to enforce same. Nor shall waiver by the City of any breach of a provision hereof be taken or deemed to be a waiver of any succeeding breach of such provision or as a waiver of a breach of any other provision. 23.00 OTHER CONTRACTOR REQUIREMENTS AND OBLIGATIONS All Contractor requirements and obligations under the immediately preceding Solid Waste Collection Contract, attached hereto as Exhibit A, and the Commercial and Industrial Solid Waste Collection and Disposal Contract, attached hereto as Exhibit B, that are not in conflict with this Contact, shall continue as requirements and obligations of the Contractor under this Contract. IN WITNESS WHEREOF, the City and the Contractor have executed this Contract. CITY OF ANNA, TEXAS By`6�G2� Maurice Schwanke Interim City Manager THE CONTRACTOR: Joe Bradshaw d/b/a Bradshaw & Son Trash Service Bylc Bradshaw Witness: Carrie L. Smith City Secret SOLID WASTE COLLECTION AND DISPOSAL CONTRACT Page 17 of 17 Contractor's Initials .._� THE CITY OF Anna AGENDA ITEM: Item No. 15. City Council Agenda Staff Report Meeting Date: 1 /14/2020 Consider/Discuss/Action on future improvements to Hackberry Lane from Bamborough Drive to State Highway 5. (Director of Public Works Greg Peters, P.E.) SUMMARY: Hackberry Lane is shown in the City's Thoroughfare Plan to be a major collector road from US 75 to SH 121. Currently the road is a mix of 4-lane divided roadway, 2-lane asphalt roadway, and un- built, un-dedicated future roadway east of the railroad tracks. Hackberry Lane does not currently have a railroad crossing. The Thoroughfare Plan is attached as Exhibit "A." As a future major collector road, any new segments should be constructed as 4-lane divided pavement with a median. However, it is and will be common for portions of the road to be constructed one half at a time due to available funding and potential agreements with developers. Staff sent letters to all property owners along the segment of Hackberry Lane from Bamborough Drive to SH 5 to request a meeting to discuss the potential improvements to this asphalt segment of the road. To date staff has met with four of the ten property owners, and hopes to meet with the remaining property owners as soon as we hear back from them. There are three options to consider moving forward with: Option 1: acquire south 1/2 right-of-way and construct south 1/2 Option 2: acquire all right-of-way and construct south half Option 3: acquire all right-of-way and construct entire road Staff is seeking feedback and consensus from the City Council on which option to pursue. Strategic Connection This items supports the City of Anna Strategic Plan, specifically advancing: Goal 2: Sustainable Anna Community Through Planned, Managed Growth STAFF RECOMMENDATION: Staff recommends moving forward with acquiring all needed right-of-way and constructing the south 1/2 of Hackberry Lane from Bamborough Drive to State Highway 5. Staff is seeking consensus and feedback from the City Council on moving forward. ATTACHMENTS: Description Upload Date Type Exhibit A -Anna Thoroughfare Plan 1 /6/2020 Exhibit Presentation- Hackberry Improvements 1 /7/2020 Presentation ANNA m o � ■ ■ ■ ■ ■ s 's` ■ s ..■■■■ .. .—■....... a...■■.. i - � � ® � fir'■I.I.■■■■ ® i CITY OF ANNA I SCALE IN MILES 0 .5 1 N • PROPOSED &LANE OVERPASS 7 LEGEND PROPOSED COLLIN COUNTY OUTER LOOP CITY PAPK A WATER TOWER ® CITY HILL j scHooL-•••-•--- EXTRA TERRITORIAL JURISDICTION BOUNDARY ® ELl)t)0 HAZARD AREA --0 5) ETJ ANNA —'A FIGURE 22 THOROUGHFARE PLAN 2010 - 2030 CITY OF ANNA G MPMHM VE RAN 2010 -1050 - ��— THE CITY OF HACKBERRY LANE IMPROVEMENTS City Council January 14, 2020 Overview ■ Anna Thoroughfare Plan ■ Project Location ■ Project History ■ Neighbor Coordination ■ Project Options ■ Staff Recommendations ■ Next Steps THE CITY OF manna IF ANNA Thoroughfare Plan LF 1. I � Hackberry Corridor J On A DUT L—j I �Zzr A , I 1 11 THE CITY OF manna Project Location THE CITY OF manna Project History ■ October 2015 —Council authorizes engineering design ■ October, 2017 —Design substantially complete ■January 2018 —Project on hold —funding/right-of-way needs ■ November 2019 —Staff directed to re -start project THE CITY OF manna Neighbor Coordination ■ Staff sent letters to all property owners along the segment of Hackberry Lane from Bamborough Drive to SH 5 requesting neighbors to call/email/meet to discuss the potential improvements to this asphalt segment of the road. ■ To date staff has met with four of the ten property owners, and hopes to meet with the remaining property owners as soon as we hear back from them. THE CITY OF ��na Project Options ■ Option 1: Acquire South %2 ROW and construct South ■ Option 2: Acquire all ROW and construct South %2 ■ Option 3: Acquire all ROW and construct entire road THE CITY OF manna Staff Recommendations ■ Staff recommends Option 2, which includes obtaining all necessary right-of-way for the future road and constructing the south % of the pavement. THE CITY OF manna Next Steps ■ Staff is prepared to move forward with an option based on the feedback received. ■ The first step will be to coordinate with the remaining neighbors who have not responded to meet and receive feedback on the project. ■ The next step will be to finalize the engineering plans based upon neighbor feedback, and prepare right-of-way documents for acquisition. ■ Once the necessary ROW has been acquired the project may be competitively bid. THE CITY OF ��na THE CITY OF Anna AGENDA ITEM: Item No. 16. City Council Agenda Staff Report Meeting Date: 1 /14/2020 Consider/Discuss/Action on a Resolution authorizing the City Manager to execute a Task Order with Hayden Consultants, Incorporated for land surveying and preliminary engineering services on Taylor Boulevard. (Director of Public Works Greg Peters, P.E.) SUMMARY: Taylor Boulevard is a mutual boundary road with Collin County, and is shown on the City of Anna Master Thoroughfare Plan as a Minor Collector Street, and is included in the City of Anna Capital Improvement Plan for future widening from a two-lane asphalt road to a four lane divided concrete road. Now that the construction on US 75 is complete, the frontage roads in Anna are no longer 2-way. This has impacted historical transportation patterns as neighbors must find different ways to access their homes, businesses, and schools. Improving Taylor Boulevard will be necessary as traffic volumes increase, in particular due to the growth of residential neighborhoods in the southern section of the City. Due to the size and scope of the project, staff is recommending that preliminary engineering begin now, so that the City is well positioned to move the project to construction when funds are available. In addition, the preliminary engineering process will allow staff to develop a more detailed scope and cost estimate for City budgeting, and for seeking project partners like Collin County. Since Taylor Boulevard is a mutual boundary road with Collin County, staff will be seeking to partner with Collin County on the final design and construction in the future. Strategic Connection This items supports the City ofAnna Strategic Plan, specifically advancing: Goal 2: Sustainable Anna Community Through Planned, Managed Growth STAFF RECOMMENDATION: Staff recommends approval of a Resolution of the City of Anna, Texas authorizing the City Manager to execute a task order with Hayden Consultants, Incorporated for land surveying and preliminary engineering services in an amount not to exceed two hundred fifty-eight thousand six hundred twelve dollars and zero cents ($258,612.00); and providing for an effective date. ATTACHMENTS: Description Upload Date Type Exhibit A - Thoroughfare Plan 1 /7/2020 Exhibit Resolution and Task Order - Taylor Boulevard Preliminary 1 /7/2020 Resolution Engineering ANNA m o � ■ ■ ■ ■ ■ s 's` ■ s ..■■■■ .. .—■....... a...■■.. i - � � ® � fir'■I.I.■■■■ ® i CITY OF ANNA I SCALE IN MILES 0 .5 1 N • PROPOSED &LANE OVERPASS 7 LEGEND PROPOSED COLLIN COUNTY OUTER LOOP CITY PAPK A WATER TOWER ® CITY HILL j scHooL-•••-•--- EXTRA TERRITORIAL JURISDICTION BOUNDARY ® ELl)t)0 HAZARD AREA --0 5) ETJ ANNA —'A FIGURE 22 THOROUGHFARE PLAN 2010 - 2030 CITY OF ANNA G MPMHM VE RAN 2010 -1050 - ��— CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A TASK ORDER WITH HAYDEN CONSULTANTS, INCORPORATED FOR LAND SURVEYING AND PRELIMINARY ENGINEERING SERVICES IN AN AMOUNT NOT TO EXCEED TWO HUNDRED FIFTY-EIGHT THOUSAND SIX HUNDRED TWELVE DOLLARS AND ZERO CENTS ($258,612.00); AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Taylor Boulevard is shown on the City of Anna Master Thoroughfare Plan to be improved to a four -lane divided roadway; and, WHEREAS, Taylor Boulevard is listed as a capital improvement project in the City of Anna's Capital Improvement Plan; and, WHEREAS, the proposed land surveying and preliminary engineering services are required to set the roadway alignment, determine scope of crossing Throckmorton Creek, and to adequately establish the construction scope and cost for the project; and, WHEREAS, the specific tasks and associated costs are highlighted on page 10 of the proposal attached hereto as Exhibit "A"; and, WHEREAS, Roadway Impact Fees shall be used to fund the task order in an amount not to exceed $258,612.00; and, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Authorization of Contracts and Funding. That the City Manager is hereby authorized to execute a task order with Hayden Consultants, Incorporated, in a form approved by the City Attorney and fund the project using Roadway Impact Fees in an amount not to exceed $258,612.00. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 14tn day of January 2020. ATTEST: APPROVED: City Secretary, Carrie L. Smith Mayor, Nate Pike Exhibit "A" (see following page) Proposal for Engineering Services for Taylor Road, Anna, TX HHAYDEN CON 5U LTON TS. INC. CITY OF ANNA, TX 1 AGEI Company Submitted by HCI Consultants, Inc. 5646 Milton St. Suite 500 Dallas, TX 75206 Submitted to City of Anna Greg Peters, P.E. Director of Engineering 111 N Powell Parkway P.O. Box 776 Anna, TX 75409-0776 gpeters@annatexas.gov November 1, 2019 ENGINEERING SERVICES FOR TAYLOR ROAD IMPROVEMENTS I CITY OF ANNA Table of Contents CoverLetter.................................................................................................................................................1 Introduction.................................................................................................................................................2 Scopeof Services........................................................................................................................................ 3 Task1 — Topographic Survey........................................................................................................... 3 Deliverables.......................................................................................................................... 3 Task 2 — Drainage Analysis, Culvert Design, and Bridge Design ..................................................... 3 Task3 — Roadway Design................................................................................................................ 5 Task 4 — Water/Wastewater Design................................................................................................. 7 Task5 — Additional Services............................................................................................................ 7 Deliverables...................................................................................................................................... 8 Assumptions..................................................................................................................................... 9 ProjectFees...............................................................................................................................................10 ProjectSchedule........................................................................................................................................12 HCI Consultants, Inc. I i ENGINEERING SERVICES FOR TAYLOR ROAD IMPROVEMENTS I CITY OF ANNA Cover Letter November 1, 2019 Greg Peters, P.E. Director of Engineering City of Anna 111 N Powell Parkway P.O. Box 776 Anna, TX 75409-0776 Re: Proposal for Engineering Services for Taylor Road, Anna, TX Dear Mr. Peters: Hayden Consultants, Inc. (HCI) is pleased to provide this proposal in response to the request for services from the meeting dated September 12, 2019. The attached proposal outlines our understanding of the project, proposed scope of services, and project fees. The HCI team proposed for this project has the availability, required resources, and experienced personnel to competently complete the requested engineering services. Our team of experienced professionals available for this project has vast experience on similar projects across the metroplex. The HCI team brings a unique approach and skillset to the project, including: ■ Staff experienced in similar roadway projects in Texas; ■ Experienced civil, water resources, construction, transportation, and geotechnical engineers; ■ Experience working with multiple agencies, including Collin County; Thank you for the opportunity to be of service for this important project. If you have any questions regarding the information contained in this proposal, please feel free to contact Adam Cross at (214) 753- 8108. Sincerely, HCI Consultants, Inc. Adam Cross, PE Practice Lead/ Municipal Team Lead HCI Consultants, Inc. I i ENGINEERING SERVICES FOR TAYLOR ROAD IMPROVEMENTS I CITY OF ANNA Introduction The City of Anna is planning to fully replace Taylor Road (CR 367) from the northbound US-75 frontage road to S. Ferguson Pkwy. The length of roadway is approximately 1.1 miles, and it is to be upgraded from a 2-lane asphalt roadway into a 4-lane divided roadway per the thoroughfare plan. This project will include a complete replacement of the roadway, hydrologic/hydraulic design, water design, wastewater design, bridge analysis, and utility coordination for the project limits. To facilitate the roadway improvements, the City of Anna has requested the following scope of services: ■ Roadway design ■ Geotechnical investigation ■ Topographic/ Boundary survey ■ Subsurface Utility Engineering ■ A hydraulic and hydrologic analysis of the existing watershed and associated drainage features of the failed culver ■ Development of design drawings, specifications, and estimate of material quantities. The design drawings will show roadway improvements, drainage features, grading and alignment modifications, water/wastewater improvements, bridge design, traffic control sequencing, typical sections, specifications, and details. ■ Preparation and submittal of construction cost estimate. COLLIN CO CITY OF ANNA �$ Ykmcimo [ rcci 480133 r g � Project Area FW p 9Tl+E i goo CR. [eWi ZON ffi 8 Rm+n ZONE - -- ZDNEA�j``( m n f [ Figure 1: FEMA FIRM Map HCI Consultants, Inc. 1 2 ENGINEERING SERVICES FOR TAYLOR ROAD IMPROVEMENTS I CITY OF ANNA Scope of Services TASK 1 — TOPOGRAPHIC SURVEY The topographic and boundary survey will be performed along the entire project limits from US-75 to S. Ferguson Road. HCI will establish control based on established monumentation. New supplemental control will be set in proximity to the roadway and will be set where it will be undisturbed to be able to be used for construction and future development. The existing roadway, ditches, culverts, bridges, utility appurtenances, storm water features, and other marked or visible important site features will be collected along the project limits. The survey will include three cross -sections upstream and three cross -sections downstream, invert elevations, culvert size and type, and documentation of the headwall structures for all drainage features. The culvert/channel surveys will provide accurate data for the hydraulic models performed during the design development. Utilizing information collected during the topographic survey and provided by the City of Anna, HCI will develop a base map in AutoCAD Civil 3D or Microstation for use in the design. The base map will have a level of detail appropriate for developing a contour map with 1-foot contours. All topographic features will be reviewed for accuracy and verified jointly by the engineer and professional land surveyor. These quality control features prevent inconsistencies in the plans during construction. The topographic survey will be prepared under the direction of registered Professional Land Surveyor licensed in the State of Texas. HCI holds paramount the safety of its employees and the public. Field crews will have daily safety meetings at the beginning of each work day to coordinate with the site manager, discuss measures specific to the daily activity/site conditions, confirm proper personal protective equipment (PPE), and coordinate work performed by other contractors as necessary. This coordination will facilitate safe data collection and communicate daily work activities with all field/site personnel. Deliverables Documentation of established control points; ■ Copies of surveyor's field books and notes; ■ ASCII point file; AutoCAD Civil 3D or Microstation base map with 1-foot contours. TASK 2 — DRAINAGE ANALYSIS, CULVERT DESIGN, AND BRIDGE DESIGN Based on a review of FENIA floodplain maps, knowledge of Collin County and FEMA design criteria, a site visit to view the bridge crossing and bridge -class culvert crossing, and designs of similar projects in the area, the following analyses are recommended: ■ Determine the inflow to the channel and culvert for the design 100-year storm. ■ Based on the results of above analyses, HCI will design replacement/adjacent bridge for the channel and a replacement culvert. HCI Consultants, Inc. 1 3 ENGINEERING SERVICES FOR TAYLOR ROAD IMPROVEMENTS I CITY OF ANNA Determine the inflow to the culverts for the design storm - There are two (2) significant drainage crossings along the access road shown below (Figure 2). Figure 2: Significant Drainage Crossings The Taylor Road site is in Collin County whose floodplain regulations defer to the federal regulations set forth by FEMA. The design criteria for this project will be designed to provide the capacity required to pass the 100-year, 24-hour design storm. ArcMap GIS will be used to import map shapes and LiDAR Digital Elevation Models (DEMs), and Arc - Hydro will be used to quickly delineate basin boundaries as well as sub -boundaries at control points. Flow paths will be measured for runoff lengths and slopes for calculating the time of concentrations, and the soil/land-use files will be merged within the basin area to develop a weighted curve number (CN) value. Rainfall depths for appropriate storms will be obtained from the NOAA Atlas 14 Precipitation Frequency Data Server. Using the rainfall and above -described input parameters, the runoff to the culvert and bridge will be determined. Figures 2 and 3 below show the existing bridge and culvert crossing respectively. HCI Consultants, Inc. 14 ENGINEERING SERVICES FOR TAYLOR ROAD IMPROVEMENTS I CITY OF ANNA Figure 3: Existing Bridge Over Throckmorton Creek Figure 4: Existing Culvert Crossing Develop hydraulic model for replacement crossings — The runoff inflow will be used to determine the required capacity and size of the replacement culvert and bridge. The bridge spans Throckmorton Creek, which is located in a FEMA Zone A area, and the culvert crossing is a smaller unnamed channel that eventually ties into Throckmorton Creek to the south. The backwater effects will be analyzed when determining the culvert size, and after looking at the site we anticipate that modifying the downstream areas of the crossings may be a way to effectively save money on construction. If appropriate, the downstream channel can be modified to allow the culvert to pass additional flow, and erosion control measures will be shown on the plans. TASK 3 - ROADWAY DESIGN After reviewing the City of Anna Thoroughfare plan, the improved Taylor Road is to be a 4-lane divided section from US-75 Frontage Road to S. Ferguson. The connection to S. Ferguson Road will need to be coordinated with the ongoing design of improvements to S. Ferguson between FM 455 and Taylor Road. The property to the south of Taylor Road at S. Ferguson is to be acquired by the City of Anna and S. Ferguson is expected to provide access to a future development and eventually connect to FM 366. This future connection location is shown below in Figure 5. HCI Consultants, Inc. I 5 ENGINEERING SERVICES FOR TAYLOR ROAD IMPROVEMENTS I CITY OF ANNA Figure 5: Taylor Road at S. Ferguson Facing South All driveways and adjacent street access will be maintained, and access to ongoing or future developments will be created. A geotechnical investigation will be performed, and 10' soil borings will be taken every 500' along the corridor to obtain a pavement and subgrade recommendation. We propose the following borings for the investigation: ■ Thirteen (13) pavement borings to a depth of approximately 15 feet spaced approximately 500 feet apart across the proposed alignment, ■ Two (2) bridge borings to a depth of 70 feet or up to 20 feet into the intact rock, whichever is less ■ One (1) culvert boring to a depth of 20 feet or to the top of intact rock, whichever is less We anticipate that truck mounted drill rig is required to access the boring locations. Pavement surface will be cored prior to drilling at all pavement boring locations. Sampling will be performed continuously to a depth of 10 feet, and at 5-foot intervals thereafter. The borings will be used to determine the site stratigraphy and to obtain samples for laboratory testing. Selected laboratory testing will be conducted on samples that are representative of the materials obtained during the field exploration. The tests will be used to evaluate and classify the soils, identify subsurface site characteristics, and provide data for analysis. All the field and laboratory tests will be performed according to ASTM and TxDOT standards, where applicable, or with other established procedures. Results of the field and laboratory data will be used to provide geotechnical recommendations for the proposed structures. A geotechnical report of our study will be prepared by an engineer specializing in soil mechanics and foundation engineering after reviewing available structural, geological, borings, and laboratory data. HCI Consultants, Inc. I 6 ENGINEERING SERVICES FOR TAYLOR ROAD IMPROVEMENTS I CITY OF ANNA In general, the following items will be included in our report: 1. Plan of borings, 2. Table of laboratory results, 3. Boring logs, 4. Generalized subsurface conditions, 5. Groundwater level observations, 6. Recommendations for design thickness for proposed pavement, design thickness for proposed subgrade and proposed subgrade treatment requirements in general accordance with City of Anna and/or NCTCOG standards, 7. Design and construction recommendations for culvert crossing, 8. Drilled shaft design and construction recommendations for bridge foundation, and 9. General earthwork recommendations. TASK 4 - WATER/WASTEWATER DESIGN There are three known significant water/wastewater utilities within the project corridor. At the bridge there is a 2"/4" and 12" water line that travel parallel to Taylor Road, and there is a wastewater line with a significant wastewater crossing along the corridor that travels under Throckmorton Creek as well. The wastewater line is on the north side of Taylor Road while the 2"/4" water line is on the south. HCI proposes to replace both the water and wastewater line within the project limits to a minimum of 8" for both water and wastewater. All water and wastewater utilities would be designed to provide service to existing and future developments as shown in water and wastewater master plan. Standard utility coordination separate from Subsurface Utility Engineering (SUE) is included in water/wastewater design. TASK 5 - ADDITIONAL SERVICES In addition to the design and data collection services mentioned above, other services can be requested by the City of Anna on an as -needed basis. ■ Subsurface Utility Engineering o Quality Level-D (QL-D) - Existing utilities are plotted from review of available existing records. o Quality Level-C (QL-C) - Surface Visible Feature Survey correlating QL-D information and existing surface features. o Quality Level-B (QL-B) - Designate: Two-dimensional horizontal mapping. This information is obtained through the application and interpretation of appropriate non- destructive surface geophysical methods. Utility indications are referenced to established survey control. Incorporates quality levels C and D information to produce Quality Level B Deliverable (Horizontal alignment). o Quality Level -A (QL-A) (Test Holes) — Excavate by nondestructive means existing utilities establishing a confirmed vertical & horizontal location to be surveyed and visually depicted via Test Hole Data Sheet (Vertical alignment). QL-A Locates will be performed in accordance with Cl/ASCE 38-02 to Quality Level "A" as described below: Notify Texas 811 of the project and coordinate with franchise utilities and representatives of gas pipeline companies in the project area. HCI Consultants, Inc. 1 7 ENGINEERING SERVICES FOR TAYLOR ROAD IMPROVEMENTS I CITY OF ANNA ■ Coordinate permitting and any Traffic Control with Local and state agencies for collecting SUE data. ■ Expose and locate utilities at specific locations. ■ Tie horizontal and vertical location of utility to survey control. ■ Provide utility size and configuration. ■ Provide paving thickness and type, where applicable. ■ Provide general soil type and site conditions and such other pertinent information as is reasonably ascertainable from each test hole site. ■ Survey each SUE location and provide N&E locations tied to the topographic survey controls. o SUE Option 1: Provide Utility Map of entire project area incorporating QL-B/ C/ D Data for the entire limits of the project area ■ This SUE scope of services and associated fee estimate has been prepared taking into consideration the following understanding. If the Scope of Services is revised the fee will likewise be revised. ■ Client will provide to CRIADO any utility records that were previously collected for the project area. ■ Approval of all proposed test hole locations prior to work. ■ Client will approve schedule to be provided by Criado prior to commencement of work. DELIVERABLES HCI anticipates four major milestone deliverables (30%, 60%, 90% & 100%) as a part of this project. ■ The 30% Preliminary design deliverable will include the topographic survey, roadway design, bridge inspection & recommendation, and the hydrologic/hydraulic analysis of Throckmorton Creek with the drainage channel culvert. ■ The 60% Pre -final design deliverable will include the revised 30% items as well as the geotechnical investigation, water/wastewater design, and bridge design. ■ The 90%-100% design deliverable will include all items submitted at 60% with review comments addressed and specifications for construction included. HCI assumes that the 100% design deliverable will serve as the bid package for City of Anna to solicit bids from prospective contractors to complete the work. HCI proposes to conduct design review meetings with City of Anna, one at each milestone deliverable. A complete list of the anticipated plan set deliverables is shown below. We will furnish a construction plan set with both general and technical specifications on the drawings. HCI has assumed that use of City of Anna standard details will be used supplemented by TxDOT Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges as well as any applicable Collin County standards. The engineering design drawings will include: HCI Consultants, Inc. 1 8 ENGINEERING SERVICES FOR TAYLOR ROAD IMPROVEMENTS I CITY OF ANNA 1. Cover Sheet, Drawing Index, Location Maps, Contacts 2. General Notes, General Conditions, Legend, Abbreviations 3. Existing Conditions/Demolition Plan 4. Proposed Roadway Improvements 5. Drainage Improvements 6. Bridge Design 7. Water/Wastewater Design 8. Erosion Control Plan 9. Summary of Quantities with Earthwork Tables Subsurface Utility Engineering Deliverables 1. Test Hole Locations will be "pinned" in the field and identifiable for field inspection. 2. Signed & Sealed Test Hole Data Sheets of each test hole performed on the project. 3. Existing Utility Layout submitted via electronic file (.dgn) ASSUMPTIONS The following assumptions have been made during the development of this proposal and based on information provided at the request for proposal and/or discussions held with City of Anna: 1. Additional right of way, temporary easement acquisition, and legal survey recording documents are not included in this scope of services. 2. Construction staking is not included in this scope of services. 3. Solicitation of contractor bids, and bidding evaluation, will be the responsibility of City of Anna. Although not specifically indicated request for additional work, HCl is prepared to review the bids and provide a brief bid summary letter and recommendations, if desired. 4. Coordination and mapping updates with FEMA is not included under this scope of services. 5. City of Anna reviews will be completed and returned in a timely manner to HCI. 6. Construction engineering, administration, and oversight services are not included in this scope of services. HCI employs in-house inspection and construction management crews. We would be pleased to provide construction support services for an additional agreed upon fee, if desired. 7. We will provide four major milestone deliverables at 30%, 60%, 90% and 100% as a part of this project. 8. HCI will participate in one design review meeting with City of Anna at each milestone deliverable (1 total). HCI Consultants, Inc. 19 ENGINEERING SERVICES FOR TAYLOR ROAD IMPROVEMENTS I CITY OF ANNA Project Fees The proposed scope of services outlined above will be performed on a lump -sum basis with a cost of $585,767 with the option to add SUE services. Of course, you will be notified of any additional services prior to them being performed. Phase Estimated Cost Topographic Survey $58,700 Geotechnical Investigation $61,737 Planning Phase/ Project Administration $29,765 30% Preliminary Design $96,135 60% Pre -Final Design $198,710 90-100% Final Design $115,040 Bid Phase $7,680 Construction Administration (NTE) $15,000 Reimbursable $3,000 Total Estimated Cost = $585,767 Subsurface Utility Engineering We propose a Lump Sum fee of $12,275.00 to provide Base Utility Map of the corridor with QL-B at Key Locations of project area. QL-A Test Holes will be performed on a Unit Rate Basis per the following criteria. Quantity and Estimate of Test Holes is for budgeting purposes. Quantity and location of THs will be approved by Client prior to field activities and units will be invoiced on actual depth of utility. If additional effort is required to locate/ expose existing facility this will be approved by Client and invoiced as a per vertical foot basis as identified in Fee Schedule below. Quality Level A Test Holes UNIT QTY RATE SUBTOTAL Test Hole Depth (0'- 5') EA 2 $ 1,152.00 $ 2,304.00 Test Hole Depth (5' - 8') EA 2 $ 1,583.00 $ 3,166.00 Test Hole Depth (8' - 13') EA 1 $ 2,012.00 $ 2,012.00 Test Hole Depth (13' - 20') EA 0 $ 2,770.00 $ - Test Hole 20'+ V F 0 $ 155.00 $ - Test Hole Setup EA 0 $ - $ - Core & Restore Pavement (10" Core) EA 0 $ 200.00 $ - Traffic Control EA 2 $ 1,500.00 $ 3,000.00 QL-A Subtotal (Estimate) • BASE: Existing Utility Map with QL-B at Key Areas $ 10,482.00 $12,275.00 HCI Consultants, Inc. 1 10 ENGINEERING SERVICES FOR TAYLOR ROAD IMPROVEMENTS I CITY OF ANNA • SUE OPTION 1: Existing Utility Map with Full QL-B $16,260.00 • QUALITY LEVEL A— Test Holes (5 Locations —Estimate) $10,482.00 Discretionary Services For any services not described above such as CCTV, ROW takes/easements, etc., HCI proposes an additional fee of $20,000 to be used at the sole discretion of the City of Anna. This fee is not shown above and is simply a recommendation of HCI. HCI Consultants, Inc. I i i ENGINEERING SERVICES FOR TAYLOR ROAD IMPROVEMENTS I CITY OF ANNA Project Schedule We have included a project schedule which includes the anticipated duration of each task include in the scope of services. 1/21/20 Notice to Proceed 3/10/20 Topographic Survey 6/2/20 30% Preliminary Design 8/25/20 60% Pre -Final Design 10/20/20 90%-100% Final Design HCI Consultants, Inc. 1 12