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2020-01-28 Work Session & Regular Meeting Packet
THE CITY OF knna AGENDA City Council Work Session Tuesday, January 28, 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 28, 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. 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, Incentive Agreement, Contracts for public services 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. 3. 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). 4. 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. Land, 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 24, 2020. Carrie L. Land, City Secretary 1. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made. AGENDA THE CITY OF Regular City Council Meeting AAtia Tuesday, January 28, 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 28, 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. a. Provide a brief update on the Sherley Heritage Park with regard to the potential acquisition of historical items that could be placed in the train depot. b. Update from Fire Chief Ray Isom and Staff 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 January 14, 2020. (City Secretary Carrie L. Land) b. Approve a Resolution renewing an existing agreement to provide ambulance transport services through the Collin County AMR contract. (Chief Isom) c. Approve a Resolution approving the Morales Estates, Block A, Lot 1, development plat. (Director of Development Services Ross Altobelli) 6. Consider/Discuss/Action on a Resolution approving an Incentive Agreement for New Economic Development between the City of Anna and Waypoint Land and Capital, LLC (Joey Grisham Economic Development Director). 7. A) Conduct a public hearing to consider public comments on the request to amend Planned Development-765-2018 on 81.8± acres located at the northwest corner of U.S. Highway 75 and County Road 455 in order to allow the additional land use of multiple -family residence on 9.1± acres located at the southeast corner of future Standridge Boulevard and future Suzie Lane. (Applicant: Nathan McCartney) B) Consider/Discuss/Action on an Ordinance approving the request to amend the zoning of Ordinance-765-2018 to allow for the additional land use of multiple -family residence with modified development standards. (Director of Development Services Ross Altobelli) C) Consider/Discuss/Action on a Resolution regarding the Concept Plan, MR HiPoint, Block A, Lots 1 & 2, associated with the rezoning request. (Director of Development Services Ross Altobelli) 8. A) Conduct a public hearing to consider public comments on the request 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). (Applicant: Anna 21, LLC) B) Consider/Discuss/Action on an Ordinance approving the request to rezone 20.8± acres from AG to PD-MF-2 with modified development standards. (Director of Development Services Ross Altobelli) C) Consider/Discuss/Action on a Resolution approving the Concept Plan, Waterview, Block A, Lot 1, associated with the rezoning request. (Director of Development Services Ross Altobelli) 9. 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.) 10. Consider/Discuss/Action on accepting the resignation of a Council Member. (City Manager Jim Proce) 11. CLOSED SESSION (EXCEPTIONS) Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. Consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071). Personnel Policies, design and construction contracts, Incentive Agreement, Contracts for public services 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. 12. 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). 13. 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. Land, 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 24, 2020 �?zv � Carrie L. Land, City Secretary 1. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made. THE CITY OF AiAtia AGENDA ITEM: Item No. 4.a. City Council Agenda Staff Report Meeting Date: 1 /28/2020 Provide a brief update on the Sherley Heritage Park with regard to the potential acquisition of historical items that could be placed in the train depot. SUMMARY: STAFF RECOMMENDATION: F. Train Depot Restoration At Sherley Heritage Park THE CITY OF Anna r � �� ~�� - � . � p ._ ; i / � ������ R � ��� � ! 2 ¥ � � - - - _\ Hwy , . � � �—,- ��� � • .�. � . a� _ ��� ^` � - �� � �^(� ��� � ��� �� � �r � � � � �� �� �� �z � ! >\� :$\ s� •Q�� , .� . �� . «: .� : �%� --2 �&z�: �/��,7� � ~� �• - �J \e© ©� . . ,R - w,,�' a,. ®\<� .,.e .., �-y«: c.a. « \©z p VMS lkIL r 4 r"• _ eau FA5 H RAiLROADS wiffi3 Z11E10CA f 1 - ._1 � ;: ....•ter• ti x• F� - T - - -. ■ { I 5 T rat d' WESTERN UNION Thank you. Toot! Toot! THE CITY OF nna THE CITY OF AiAtia AGENDA ITEM: Update from Fire Chief Ray Isom and Staff SUMMARY: Item No. 4.b. City Council Agenda Staff Report Meeting Date: 1 /28/2020 The Fire Chief will provide a brief update on Fire Department progress. STAFF RECOMMENDATION: No action required as this item is information only. n ►A Anna Fire Rescue Annual City Council Presentation 2019-20 Services — Goals — Data — Accomplishments 'OF How We Currently Provide Services (3) - 24 Hour Shifts: 3-person Engine Crew (1 Capt. & 2 FF's) 2-person Brush Truck (dependent upon vol. staffing) 1-FF per shift (part-time) from lam - 7pm weekdays. ➢ Service levels and overtime costs are greatly effected by volunteers. ➢ Minimum staffing levels have not yet been established. ➢ First Responder EMS; ambulance transports through AMR. THE CITY OF nna Fire Chief/Fire Marshal Assistant Chief Operations A -Shift B-Shift C-Shift Captain Captain Captain Engineer Engineer Engineer Paramedic Paramedic Paramedic FF FF FF Paramedic Paramedic Paramedic FF FF FF (part-time) (part-time) (part-time) Fire Prevention Captain THE CITY OF m4knna Fire/Rescue Service Goals Establish minimum staffing levels: 4-person Engine Crew (1 Captain, 1 Engineer, 2 FF's) 2-person Brush Truck (2 FF's) ➢ Provides consistent coverage and predictable OT costs. ➢ Volunteers act as a "force multiplier" and may be recruited during hiring. THE CITY OF Anna Fire & EMS Service Goals • Maintain ISO 2 rating {Insurance Services Office} • Provide exceptional resp • Establish dedicated 24-h • Ensure operational redur • Fire -based ambulance n By The Numbers {R553} Incident Totals: 2018 1,750 2019 1,817 [R993}Average Time on Scene: 2018 32.45 m i n 2019 27.21 min {R1645}Average Response Time: 2018 07:12 m i n 2019 06:2E m i n {R1645}Overlappin€; Calls: 2018 379 (21.66%) 2019 312 (17.. %) THE CITY OF manna Severe Weather & Natural Disasters 0.46% Special Incident Type 0.34% Fires 6.23% Overpressure, Rupture 0.06% False Alarms 5.94% Good Intent Call -Service Calls 13.66% 11.94% Haz. Condition (No Fire) 2.17% Rescue & Emergency Medical 59.20% Severe Weather & Natural Disasters 0.17% Special Incident Type 0.28% Fires 12.71% Overpressure, Rupture 0.11% False Alarms Good Intent Call 7.43% E 12.71% Service Calls 14.86% Haz. Condition (No Fire) 2.09% Rescue & Emergency Medical 57.95% 242 p ' 1 : • ' A A I `jt•] R�1 $526,563 I 9p Mon. Tues. Wed. Thurs. Fri. Sat. Sun. m 2018 2019 A MUTUAL AID 2019 Received 2019 Given 2018 Received 107 149 2018 Given 298 Challenges • Minimum staffing levels (Firefighting) • Minimum staffing levels (EMS) • Scalable organization and succession planning • Future station locations and response times • Apparatus acquisition and replacement • Administrative functions • Apparatus bay capacities • Fire -based ambulance • New hiring/promotional process • Rank structure • Re -apply for SAFER Grant a A 1-%17-rI-%XzTI C%ArV; ►n +riio r.,-%cI+Cl I -I" ' �ii,-► 't,-►n ter CAI +1o nNeN-Tro THE CTTY OF Assistant Chief Operations A -Shift B-Shift C-Shift Captain Captain Captain Engineer Engineer Paramedic Paramedic FF Paramedic FF Paramedic FF Paramedic Engineer Paramedic FF Paramedic Fire Chief/Fire Marshal Admin Assistant (FY21) Fire Prevention Captain Fire Inspector (part-time FY21) *If awarded SAFER Grant THE CITY OF Accomplishments • Applied for SAFER Grant through FEMA • Conducted Operation Santa program • Presented staffing plan to Council (UT Dallas) • Hired 2 Firefighters • Developed citizen ride -along program • Hired Assistant Chief of Operations • Updated FD webpage • Participation on Development Review • Increased fire prevention activities in schools Committee (DRC) • Began process of re -writing local fire ordinances • Established Driver/Engineer rank (mid 2020) • Began process of re -writing department SOP's (accreditation) • Established social media presence • Revamped entry-level FF hiring process • Completed Engine 1 equipment mounting • Established step -pay for firefighters • Transitioned away from Code Enforcement • Established preventative maintenance program for E1 and E2 • Began preliminary design for Aerial (Quint) THE CITY OF L.nna n � II vIgN(T Nlot Fill � ��wNG- Cf(nekNS�i � � �JM)5 IM fSoNN✓=L Ea�M faeeEaa fF=�_� M�yMNINbI CPopErNi Is I w IJd/.G�YI Dseftu MY 6NN NCEns $uRu AStFSMENT RMNk N.r.D AS MOWN�MTeS MvwH, CYe�e%♦ ACC S.. ce� qi a„E-N- PA 6�aE (pvme.x I ECf. Accomplishments )RM14—�,-r.Ess F)ONE Disc` �ENlh1✓w "p H IN" „, S^'^r' kM`NCE CmrtRlcT A:St%MF�r CEREMONY �tli� 7R,HN'NU j M ChR CorwrrEE IN SENNE tERENM3' P � p�F.4'm� I eC7�'r� um �_4;.s 6-sNirr PI,sN ,e�.ww f� 5 -a IMP JHIFT fCM'NINbLL FIRE sTAnaN MEr:T/N4S A g G ixJw.EneNr ✓ ✓ ✓ I Jan. 2019 L tLi�iCur �RaCESf �ryuoixGxi A k A � FEEO �2 IM NEw ReN.KP°'' Wx.Fn i-OEJ• o piwNr <IRa*aNai s.l'fWMRe (FuNaixv�) urue6 Gp�,Nr� �� jA NeRE3 (FF 'L GT iNIR'S B _ . p� ICON � E55 R (�NF�II M CSN'�J a.. ss S,.e>zo I{xwNG i sr�r--PMY t;z FF� -- y-xxo- 1 AftaNm NM. NaRt.aJ7 fM�-tFrrE Ack RF R N N as q IWEM P.a hrttAl mNe�w I �.—Navel eM raesww, z� "s Mug / P.D Run y A4eSAIctr AU&A�n zaNU To sufr kPf R16N ofgct2 M&t Af is S FiR WBRXIAf& W111nT PE�NVi— x REdes� 7lF<P Pru.�Es Occr. Today fHE CITY OF Lnna Score .RgSpnr,tlants} G2t1up batadxase P9rceYYtila ftarsk 2.38 o) 1 _. ] 3.63(8) 1 2.25(8) 1 ] 2.3 (a) 1 _ 4.00(8) 92 ] 3.50 (a) 2 I 3.75 ($) 39 2.13 I.., 1 3.75 , R' 20 3.88 ,.�,-, 2 ] .4 ' 54 3.88 50 PI'S 3.75 25 1 3.35 2018 Accomp Swre lishments (Rasponflamsj Gallup Dwabase PerCerltil9 flank 4.09(11) 73 1 4.09 (.11) 3.4 r117 4.3G (11) 4. G (11) 4.54 I. 1 4.64 1 ] 4.27 (11) 4.64 (,i) 4.18 (11) 4.09 (11) 4.55 (11) 4.82 {t1} ion 1 93 59 9 436 2019 Q00 Overall Satisfaction How swislied are you with your organization as a place to w4rk'? 0i I Know What's Expected t knew what m expected ai me at work_ Materials and Equipment t have the materials and equipment I need io do my work right 1r1Opportunity to do Best VVrttt{4. 3 At work, I have the opportunity to da what I du bosl every day_ 041 Recogn"On r In the last seven days. I haw& received recognition or praise Ior doing good work tcrJ + Cares About Me My supervisor_ or sameone at work, reams to care ebMA me as a pers6n. IDevelopment There is someone al work who encaurages my development QO-7 I Opinlons Count VViiUU Ai work, my opinions seem to caurd. Q08I MissionlPurpose The mission or purpose of rW organization makes me feel my lob Is important. 0 I Committed to Quality My team members are committed Io doing quality wo-k. Best Friend have a bell friend al work, tea! I 1 I Progr'e55 In the Iasi six manths, someone at work has talked to me about my progress. Learn and Grow 012 This Iasi year. t have had opportunities at worK to learn and grow, THE CITY OF 4kttifta n Questions and Discussion THE CITY OF Anna THE CITY OF Anna AGENDA ITEM: Item No. 5.a. City Council Agenda Staff Report Meeting Date: 1 /28/2020 Approve Council Meeting Minutes for January 14, 2020. (City Secretary Carrie L. Land) SUMMARY: STAFF RECOMMENDATION: ATTACHMENTS: Description Work Session Regular Session Upload Date Type 1 /23/2020 Exhibit 1/23/2020 Exhibit ANNACITYCOUNCIL MINUTES WORK SESSION January 14, 2020 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 6:32 PM. All Council Members were present. 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. No comments. 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, I ncentive 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 MOTION: Council Member Toten moved to enter closed session. Council Member Beazley seconded. Motion carried 7-0. Mayor Pike recessed the meeting at 6:32 PM. Mayor Pike reconvened the meeting at 7:15 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. None. 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 7:15 PM. Approved on the January 28, 2020. Mayor Nate Pike ATTEST: City Secretary Carrie L. Land ANNACITYCOUNCIL MINUTES REGULAR SESSION January 14, 2020 1. Call to Order/Roll Call and Establishment of Quorum Mayor Pike called the meeting to order at 7:18 PM. All Council Members were present. 2. Invocation and Pledge of Allegiance. Mayor Pike led the invocation and 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. None. 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. Mayor Pike announced the 2nd Annual State of the City Address will be held on 2/11/2020 at Anna High School and followed by the regularly scheduled Council meeting. Mayor Pike announced the opening of new restaurants anticipated this year; Starbucks, Salsa Tex Mex, Whataburger and Chic Fil La. Fire Chief Isom announced the beginning of a ride -along program within the Fire Department. 5. Consent Items. These items consist of non -controversial or "housekeeping" items required by law. Items may be considered individually by any Council member making such request prior to a motion and vote on the Consent Items. Items 5 d. and e. were removed from the Consent Agenda. 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) Four residential lots on 8.6± acres located at the southwest corner of Taylor Boulevard and Quail Creek Run. Zoned Extraterritorial Jurisdiction (ETJ). A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE QUAIL CREEK RUN PLACE, BLOCK A, LOTS 1, 2, 3, & 4, MINOR PLAT 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). Four vacant lots on 38.9± acres located at the southeast corner of U.S. Highway 75 and Hackberry Drive. Zoned Planned Deve lop ment-648-2014- General Commercial (PD-648-2014-C2). A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A SITE PLAN FOR ANNA TOWN CENTER, BLOCK A, LOTS 6R, 9, 10, AND 11. Mayor Pike moved Item d. to Agenda Item 11 for action. e. Approve a Resolution renewing an existing agreement to provide ambulance transport services through the Collin County AMR contract. (Chief Isom) MOTION: Mayor Pike moved to table. Council Member Toten seconded. Motion carried 7-0. 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.) 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 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. The task order will be funded through Municipal Complex Bond Funds. A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZI NG 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. 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 QJR Partnership; and providing for an effective date. (Director of Public Works Greg Peters, P.E.) 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. 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. A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZI NG 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 EASEMENTAND A DEDICATION OF PUBLIC RIGHT OF WAY BY AND BETWEEN THE CITY OF ANNA, TEXAS, AND QJR PARTNERSHIP; AND PROVIDING FOR AN EFFECTIVE DATE. h. Review Police Department Annual Racial Profiling Report (Police Chief Jeff A. Caponera) 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. MOTION: Council Member Beazley moved to approve Consent Items 5 a., b., c., f., g., and h. Council Member Vollmer seconded. Motion carried 7-0. Action Items. 6. Consider/Discuss/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 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 nominated Terry Farrell. MOTION: Council Member Beazley nominated Terry Farrell to fill the vacancy on the EDC and CDC corporations with a term expiring June 2020. Council Member Bryan seconded. Motion carried 6-1. Miller opposed. 7. Consider/Discuss/Action on a Resolution adopting a Revised Policy Implementing the Public Information Act. (City Secretary Carrie Smith) 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, would allow updates to the P I R aspects alone in isolation from the rest of the entire manual. 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. MOTION: Council Member Beazley moved to approve. Council Member Vollmer seconded. Motion carried 7-0. 8. Consider/Discuss/Action on an Ordinance regulating Solicitation activities within the city limits. (Police Chief Jeff A. Caponera) 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. 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 SECTIONA4.004 (SOLICITATION PERMITAND 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. MOTION: Council Member Beazley moved to approve subject to including the newspaper subscription provision. Council Member Miller seconded. Motion carried 7-0. 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) 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. Mayor Pike opened the public hearing at 7:39 PM. Mayor Pike closed the Public hearing at 7:39 PM. 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. MOTION: Council Member Beazley moved to approve Item 9. b. Council Member Miller seconded. Motion carried 5-2. Toten and Pike opposed. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE NBR- ANNA, BLOCK A, LOT 1 CONCEPT PLAN MOTION: Council Member Beazley moved to approve Item 9. c. Council Member Miller seconded. Motion carried 5-2. Toten and Pike opposed. 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) 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 Al SD 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. Mayor Pike opened the public hearing at 8:02 PM. Scott I ntrieri - Opposed Bruce Norwood - Favored Donna Kizlyk - Opposed James Chumley - Favored Mayor Pike closed the public hearing at 8:11 PM. Public Works Director Greg Peters answered questions for Council with regards to traffic. Council discussion ensued. Developer John Arnold agreed to bring back an Specific Use Permit (SUP) for any future commercial uses. 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. MOTION: Council Member Beazley moved to approve Item 10 b.; subject to amending Section 1.03 B. allowing exclusive uses by SUP only. Council Member Reeves seconded. Motion carried 7-0. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE CHILDREN'S LIGHTHOUSE ADDITION, BLOCK 1, LOTS 1 & 2, CONCEPT PLAN MOTION: Council Member Beazley moved to approve Item 10 c. Council Member Miller seconded. Motion carried 7-0. 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) 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). Mayor Pike opened the public hearing at 8:40 PM No comments. Mayor Pike closed the public hearing at 8:41 PM A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A PRELIMINARY REPLAT FOR ANNA TOWN CENTER, BLOCK A, LOTS 6R, 9, 10, AND 11. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A SITE PLAN FOR ANNA TOWN CENTER, BLOCK A, LOTS 6R, 9, 10, AND 11. MOTION: Council Member Beazley moved to approve Item 11 b. and consent Item 5 d. Council Member Toten seconded. Motion carried 7-0. 12. Consider/Discuss/Action on a Development Plat for Morales Estates, Block A, Lot 1. (Director of Development Services Ross Altobelli) 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 ). 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 a (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. A RESOLUTION OF THE CITY OF ANNA, TEXAS DENYING THE MORALES ESTATES, BLOCK A, LOT 1, DEVELOPMENT PLAT MOTION: Council Member Beazley moved to deny the development plat by approving the proposed resolution; which, specifies denial. Mayor Pike seconded. Motion carried 6-0. Council Member Bryan had stepped out of the Council Chambers. 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.) 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. Council Member 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 (BHC) 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. 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 BHC 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. 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. MOTION: Council Member Beazley moved to approve. Council Member Vollmer seconded. Motion carried 7-0. 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.) The City of Anna entered into a Solid Waste Collection and Disposal Contract with Bradshaw & Sons Trash Service on July 24, 2018. 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 autorenewal. 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 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. MOTION: Mayor Pike moved to table this item and bring back a draft of the RFP. Council Member Miller seconded. Motion carried 7-0. 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.) 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. 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. MOTION: Mayor Pike moved to approve Option 2. Council Member Vollmer seconded. Motion carried 7-0. 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.) 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. MOTION: Council Member Toten moved to approve. Council Member Bryan seconded. Motion carried 6-0. Council Member Beazley had stepped out of the Council Chambers. 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 MOTION: Council Member Miller moved to enter closed session. Council Member Bryan seconded. Motion carried 7-0. Mayor Pike recessed the meeting at 9:32 PM Mayor Pike reconvened the meeting at 10:28 PM 18. Consider/Discuss/Action on any items listed on the posted agenda or any closed session occurring during this meeting, as necessary None. 19. Adjourn. Mayor Pike adjourned the meeting at 10:28 PM. Approved on the January 28, 2020. Mayor Nate Pike ATTEST: City Secretary Carrie L. Land THE CITY OF Anna AGENDA ITEM: Item No. 5.b. City Council Agenda Staff Report Meeting Date: 1 /28/2020 Approve a Resolution renewing an existing agreement to provide ambulance transport services through the Collin County AMR contract. (Chief Isom) SUMMARY: This is an approval to extend the agreement with Collin County to provide services to the City. The contract with AMR is negotiated on a County level and the terms and conditions are not part of this consideration. Staff continues to monitor the performance of AMR and has maintained an active line of communication to ensure that all contract elements are adhered to and we are getting the stated standards in the County agreement with AMR. 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 Ambulance Service Agreement Executed Resolution FY20 Contract Amendment No. 1 - Renewal ExhibitA FY20 EMS Final Funding Upload Date Type 12/17/2019 Backup Material 1/13/2020 Resolution 12/17/2019 Backup Material 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 CITY OF ANNA, TEXAS RESOLUTION NO. (ILA Collin CountyAmbulance Service) A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AMENDMENT FOUR (4) TO AN INTERLOCAL AGREEMENT WITH COLLIN COUNTY FOR THE PROVISION OF AMBULANCE SERVICE WHEREAS, on May 13, 2014 the City Council of the City of Anna, Texas ("City Council") approved Resolution 2014-05-12, an Interlocal Agreement with Collin County, forthe provision of ambulance service (the "Agreement"); and WHEREAS, the Agreement may be renewed or extended for four additional one-year periods; and WHEREAS, the City of Anna, Texas (the "City") has renewed or extended the Agreement in 2014, 2015 and 2016; and WHEREAS, in order to preserve and protect the public health and safety of the residents of the City, the City of Anna Fire Chief has recommended that the City Council approve Amendment Four (4) to the Agreement, attached hereto as Exhibit 1, which will extend theAgreement for an additional one-year period; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated The recitals set forth above are incorporated herein for all purposes as if setforth in full. Section 2. Approval of Amendment to Interlocal Agreement The City Council hereby approves Amendment Four(4)to the Agreement (the "Contract Amendment"), attached hereto as Exhibit 1, and authorizes, ratifies and approves the City Manager's execution of same. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 14th day of January 2020. ATTEST: APPROVED: Carrie L. Land, City Secretary Nate Pike, Mayor - ~\ 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.c. City Council Agenda Staff Report Meeting Date: 1 /28/2020 Approve a Resolution approving the Morales Estates, Block A, Lot 1, development plat. (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. The tract of land is located within the City of Anna extra territorial jurisdiction. 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 Resolution Exhibit Locator Upload Date Type 1 /23/2020 Exhibit 1 /23/2020 Exhibit 1 /2/2020 Exhibit CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING 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; 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 Morales Estates, Block A, Lot 1, development plat attached hereto as Exhibit 1. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 28th day of January 2020. ATTEST: APPROVED: City Secretary, Carrie L. Land Mayor, Nate Pike N N E I 5 3 I I AGREE JUDGMENT (ACCESS EASEMENT) (IMPLIED DEDICATION) C.C. NO. 2016051000056745 0. P. R. C. C. T. x� ,\h CV N ' a SOUTHWEST / SOUTHWEST CORNER ROBERT WHITAKER SURVEY ABSTRACT NO. 1011 DANIEL CALDERON VOLUME 2234, PAGE 499 D. R. C. C. T. GENERAL NOTES; C_ Cl no-7r ) � � ) ) r -- 1. The surveyor has not abstracted subject property. 2. This survey is subject to all easements of record. 3. Copyright 2020, 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 on 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. 7. Water service to this site is provided by South Grayson Water Supply Corporation. 8. Sanitary Sewer will be provided by an approved onsite OSSF — permits through Collin County. 9. Gas will Liquid propane. 10. Electric is provided by Grayson —Collin Electric Company. 11. Solid waste will be provided through a private trash company. 12. The Agreed Judgment (for access) filed under C.C. No. 20160510000567490, O.P.R.C.C.T. is in favor of the plaintiff Paula Powell. However, also included in the Document is a second Agreed Judgment (for CALLED 10.630 ACRES KRISHNA & PADALA NAMBURI C.C. NO. 20071029001470870 O. P. R. C. C. T. I 54.06' 1 G �S(POGG'I1 GP�v� R� 613 G G� . 145 G�v v^� JOAQUIN &v"�J HUGO MARTINEZ C.C. NO. 20160707000863910 0. P. R. C. C. T. 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. I, DAVID J. SURDUKAN, a Registered Professional Land Surveyor in the State of Texas, do hereby certify that I prepared this Development Plat from an actual and accurate survey of the land and that the corner monuments shown thereon were properly placed, under my personal supervision. Registered Professional Land Surveyor Registration No. 4613 BEFORE me, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared David J. Surdukan, known to me to be the person or persons whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the some in the capacity herein stated and the act and deed of said company. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this --------------- 2020. Notary Public in and for Collin County My Commission Expires: CERTIFICATE OF APPROVAL Approved this ___ day of City of Anna Texas (Mayor) City Secretary VICINITY MAP NOT TO SCALE day of 2020, by the City Council of the DEVELOPMENT PLAT MORALES ESTATES BLOCK A, LOT 1 BEING 7.000 ACRES 0 UT OF THE ROBERT WHITAKER SURVEY ABSTRACT NO. 1011 CITY OF ANNA ETJ COLLIN COUNTY, TEXAS OWNER SURVEYOR JOSE H. MORALES SURDUKAN SURVEYING, INC. & P.O. BOX 126 ANTONIO MORALES ANNA, TEXAS 75409 1334 PROGRESO DR (972) 924-8200 HOUSTON, TEXAS 77038 FIRM NO. 10069500 (469) 268-5491 i i N implied dedication 50 wide for public road). N 11 E SCALE 1 " = 40' DATE. DECEMBER 2, 2019 JOB No. 2019-115 E s s 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 THE CITY OF AiAtia AGENDA ITEM: Item No. 6. City Council Agenda Staff Report Meeting Date: 1 /28/2020 Consider/Discuss/Action on a Resolution approving an Incentive Agreement for New Economic Development between the City of Anna and Waypoint Land and Capital, LLC (Joey Grisham Economic Development Director). SUMMARY: Waypoint Land and Capital, LLC owns approximately 14 acres at the northwest corner of US 75 and FM 455, just north of the Standridge property and south of the Anna Surgery Center. The developer plans to build two four-story apartment buildings in Phase I and one four-story apartment building in Phase 11, for a total of 300,000 square feet of space and approximately 330 total units. This project is estimated to be a $35,000,000 capital investment in the City of Anna that is estimated to bring in over $2.1 million in property taxes over 10 years (this does not include the future commercial pad sites on the frontage that will generate both property and sales taxes). The developer has requested that the City forego the collection of impact fees and park fees in order to make this project feasible as this is the first 100% market rate, urban multi -family product in this market. This project will provide density on the west side of US 75 and a different housing option for those seeking to rent including workers for the adjacent medical projects. The roadway impact fees are estimated at $504,990, water and sewer impact fees at $290,512, and park fees at $660,000. Per terms of the agreement, the developer has six months from the issuance of building permits to commence construction of buildings and public improvements in Phase I. Phase II is contingent upon the success of Phase I and developer financing. Should construction of either phase begin and stop for any reason, the developer is required to pay liquidated damages. Strategic Connection This items supports the City of Anna Strategic Plan, specifically advancing: Goal 3: Anna -A Great Place to Live STAFF RECOMMENDATION: Approve Resolution entering into an Economic Development Incentive Agreement between the City of Anna and Waypoint Land and Capital, LLC. ATTACHMENTS: Description Upload Date Type Concept Plan 1/24/2020 Staff Report VICINITY d C � Love's Travel Stop C 0 o SUZIEZqN ® 0 ALL DRIVEWAY CUTS ON STREETS AND HIGHWAYS MAINTAINED BY "s, o 30'R 0 E THE TEXAS DEPARTMENT OF TRANSPORTATION TXDOTI (E.G. ROADS HIGHWAYSI MEET THE 6F oPRccT STATE SHALL ,RE�UIREMfNTS TXDOT'S ACCESS MANAGEMENT MANUAL AS MAY BE AMENDED AND ROADWAY DESIGN MANUAL (AS MAY BE AMENDED , AS APPLICABLE FOR THE SPACING AND DESIGN OF THE TI ►' DRIVEWA ,UNLESS CITY STANDARDS ARE MORE STRINGENT, IN WHICH CASE CITY STANDARDS SHALL BE MET. ------ slayter I'1 Creek Park � 1 'e j ' C II I j RETAIL I I Anna I _ W Wh§e Natural Springs Part Q ® M, 3 ® 0 Canin [ounT soar [cop 965 " C-" °w 'EALE NTS L_ — — CADG HURRICANE CREEK LLC 1800 VALLEY VIEW LN. #300 DALLAS, TX 75234 221'-0" = 57'41'07"- R = 230.00" N80°48'39"E L = 231.56' 12.54' CB = N70 20'47"E C = 221.91' CALLED 23.914 ACRES ANNA INVESTMENTS, LLC 0=5606'46"- I NST. NO. 20180622000777080 R= L=166.1.49' O. P. R. C. C.T. CB = S3723'00"E C=159.92' "nlvc ---L-0„ �=pSC (�' R.O.W.) APE BUFFERI �e 11 S SIDEWALK Fq z�l`V �x75' S8 ✓F� i S � 2"13' / LL BO 220'-0" I` a GATE •�\O Q 1 I I Ip� I I n TRASH a I s N50'48'21'E /BILL 39.85'EASE7NE - d / A=0148'11" I _J R = 620.03" L=19.51' I CB = N00°08'051 C=19.51' I 1 1 , I , I I I I 0 zn N I 1 I DETENTION/ w , PARK Q I I W I I � I BLOCK A, LOT 1 9 ACRES / 392,040 SF CN I I I � I I I 4%1' - ---- - - ---- - - - D26' FIRE LANE D M IF IES ALL BOX _ " v co Lu d U ' GATE J � Q of > I J \ I \ O I �� 0 \'\ W �— ❑ ❑ ❑ , \ i 11 z ❑El V N I I 11 I 0 ❑ I ❑❑❑ I I , I I , J � I < I Q J I 1 1_1_1 o � I I L.L 1 - I 0 I 3 5,. 1 I N I I �1 I I Q m I I I Q I W RETAIL PAD SITES 4 11,695 SF I 80 PARKING Q I� I (20'-0") I o o I 1 I I" I e 1 I I I I I I S I I 1 Cq I RETAIL PAD SITES 3 I a 11,695SF I I 53 PARKING SPACES I 1 STORY I (20'-0") I I I I _ 1 I I I TRASH I '� —' I.L^,r 0 V W I I► RETAIL PAD SITES 2 11,695 SF 77 PARKING SPACES 1 STORY (20'-0") I TRASH D I ' I I I I I I v 0 j I I II , II _ I I (45- ") I I I RETAIL PAD SITES 1 z I� 11,695 SF 55 PARKING SPACES 60 II I STORY (20'-0") - I ---- - - ---- - - ---- - - 26' FIRE LANE a D I I� 25-0"BLDG SETBACK — — — — — 9'-F9NI=PE'MFER— 8' METAL FENCE f PROPERTY LINE 420,60' N08'23'03"W 273.53' N0823'03"W ONE ANNA TWO LTD 15640 QUORM DRIVE ADDISON, TX 75001 N MR HIPOINT - SITE PLAN SCALE 1 "=60'-0" 0 1020 60 120 160 I I ^ h BL CK A, V OT 2 I 4. A 'RES / 2 ,962 SF 1 I I I 1 I I I 1 I I I II I I I ' I , I I ' I I , 1 ' I I I ' 1 , I 1 , z ' ' J z I I, 0 I ' ' Q ' I W ' w I , W I I I 0O a I I � I � PSk, I I , I , I , I , I , I I I ; � 1 I I I� I I ' I oo, 1 � I I ' I I �I I I I I , I II I , � I I I I I I I I I I I I 281.75' RETAIL RETAIL I I � 1 ' I II 1 mo Ij I', �i �; RETAIL 1 � I� II II I, RETAIL I; I 1 II I -- ---- --- ---- ---- ---- ---- --- I 1 I ' 1 _ z RETAIL j N I I I I RETAIL ZT m� I j RETAIL I q 1 I N 1 I 1 I ' I / 1 . / 1 . 1 1 / RETAIL I 1 1 I GREENS I 1 0 RETAIL v I PLAZE j I I , A r Nd I GREENS T AS AN SURVEY ST CT N . 82 RETAIL i / / AIL / / / RETAIL DETENTION POND I I I L - — — /1 � MR HIPOINT -SITE PLAN L SCALE 1 "=200'-0" SITE DATA TABLE GENERAL SITE DATA BLOCK A LOT 1 BLOCK A LOT 2 ZONING PD C-1 PROPOSED USE MODIFIED MF-2 C-1 LOT AREA 9 ACRES (392,040 SF 4.8 ACRES (211,962 SF BLDG FOOTPRINT AREA 76,768 SF 46,780 SF PAVING AREA 155,479 SF 95,520 SF BUILDING HEIGHT 45' 20' LOT COVERAGE 59.24% 67.13% FLOOR AREA RATIO 1.77 1.22 ZONING REQUIREM ENTS*BLOCK A LOT 1 BLOCK A LOT 2 MF-2 PROPOSED NO PROPOSED CHANGES FROM BASE ZONING FOR C-1 (LOT 2) MAXIMUM BLDG HEIGHT 45' 45' SIDE YARD INTERIOR 10' 25' SIDE YARD CORNER 25' 25' REAR YARD 25' 25' FRONT YARD 25' 25' LOT AREA 5,000 SF 9 ACRES (392,040 SF MIN. LOT WIDTH 50' EXCEEDS REQ. MIN LOT DEPTH 120' EXCEEDS REQ. MAX LOT COVERAGE 40% 59.24% BUILDING SIZE NONE N/A MASONRY % 90% 40% MINIMUM DENISTY W/ SPRINKLER 25 UNIT/ARCE 36.67 UNIT/ARCE MULTIFAMILY UNITS # OF STUDIO UNITS 33 # OF 1 BDRM UNITS 173 # OF 2 BDRM UNITS 116 # OF 3 BDRM UNITS 8 PARKING MF-2 PROPOSED REQUIRED 612 2 PARKING SPACES/UNIT 454 1P/lBR+2P/2BD+2P/3BR PROVIDED 1464 *DEVELOPMENT IS LOCATED IN THE THOR OVERLAY DISTRICT F.M. ROAD. 455 IA VARIABLE WIDTH R.O.W.) PREPARER: UD ARCHITECTS DARREN DOBBINS 4345 LINDBERGH DRIVE ADDISON, TEXAS 75001 V-972-392-2838 CURRENT PROPERTY OWNER ONE ANNA TWO, LTD 15640 GUARUM DRIVE ADDISON, TEXAS 75001 V-214-363-1998 DEVELOPER HiRISE PARTNERS, LLC NATHAN McCARTNEY 1616 WABASH AVE. FORT WORTH, TEXAS 76107 V-817-913-2133 TITLE BLOCK FOR CITY APPROVALS CONCEPT PLAN (MR HIPOINT) BLOCK A, LOT 1 MULTIPLE -FAMILY RESIDENCE GROSS ACREAGE:9 ACRES (MR HIPOINT) BLOCK A, LOT 2 RETAIL GROSS ACREAGEA.8 ACRES CITY OF ANNA, COLLIN COUNTY, TX W.S. RATTON SURVEY, ABSTRACT NO.752 DECEMBER 30, 2019 ARCHITECTS United Design Architects 4345 LINDBERGH DR. ADDISON, TX 75001 972-392-2838 www.studioUDA.com REVISIONS PROJECT # 19000 DATE 01-01-2020 SHEET # Al-01 XXX BLDG PLAN THE CITY OF AiAtia AGENDA ITEM: Item No. 7. City Council Agenda Staff Report Meeting Date: 1 /28/2020 A) Conduct a public hearing to consider public comments on the request to amend Planned Development-765-2018 on 81.8± acres located at the northwest corner of U.S. Highway 75 and County Road 455 in order to allow the additional land use of multiple -family residence on 9.1 ± acres located at the southeast corner of future Standridge Boulevard and future Suzie Lane. (Applicant: Nathan McCartney) B) Consider/Discuss/Action on an Ordinance approving the request to amend the zoning of Ordinance-765-2018 to allow for the additional land use of multiple -family residence with modified development standards. (Director of Development Services Ross Altobelli) C) Consider/Discuss/Action on a Resolution regarding the Concept Plan, MR HiPoint, Block A, Lots 1 & 2, associated with the rezoning request. (Director of Development Services Ross Altobelli) SUMMARY: The applicant is requesting to amend the zoning of the subject property to allow for the additional land use of multiple -family residence. For additional information please refer to the attached staff report. A concept plan, MR HiPoint, Block A, Lots 1 & 2, accompanies this request. Strategic Connection This items supports the City ofAnna Strategic Plan, specifically advancing: Goal 2: Sustainable Anna Community Through Planned, Managed Growth STAFF RECOMMENDATION: Zoning & Associated Concept Plan - The Planning & Zoning Commission recommended approval (6-1) at their January 6, 2020 meeting. NOTE: At the time of publishing the related development agreement was not completed. As such this item may have to be continued until the terms of the development agreement are completed and the agreement approved prior to the issuance of the zoning. ATTACHMENTS: Description Upload Date Type Location Map 1 /21 /2020 Exhibit Zoning staff report 1/21/2020 Staff Report Ordinance 1/28/2020 Staff Report Ordinance Exhibit 1/23/2020 Exhibit Ordinance Exhibit B 1/23/2020 Exhibit Resolution 1 /28/2020 Resolution Resolution Exhibit 1/23/2020 Exhibit CITY OF ANNA PLANNING & ZONING COMMISSION January 6, 2020 Agenda Item No. 9B Applicant: Nathan McCartney DESCRIPTION: Requests to amend Planned Development-765-2018 on 81.8± acres located at the northwest corner of U.S. Highway 75 and Country Road 455 in order to allow the additional land use of multiple -family residence on 9.1± acres located at the southeast corner of future Standridge Boulevard and future Suzie Lane. REMARKS: The applicant is requesting to amend the existing planned development (PD) in order to allow for a multiple -family residence development at the southeast corner of future Standridge Boulevard and future Suzie Lane. The multiple -family residences will be built to MF-2 Multiple -Family Residential — High Density zoning requirements 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 of this article 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. A concept plan, MR HiPoint, Block A, Lot 1 & 2, accompanies this request as Agenda Item 9C. Surrounding Land Use and Zoning North Across future Suzie Lane, medical office and vacant land zoned PD-765- 2018. East Vacant tract zoned PD-765-2018. South Vacant tract zoned PD-765-2018 West Across future Standridge Boulevard, vacant land zoned PD-2001-18 (Villages of Hurricane Creek). Proposed Planned Development Stipulations There are two primary parts to this request: land use and design standards. Land Use - The applicant is proposing to amend the existing zoning to allow for the additional land use of multiple -family residence on 9.1 acres. Design Standards - The language in the amended PD district would allow the multiple - family residence to be developed to support a mixed -use themed development while still preserving significant commercial property along the U.S. Highway 75 expressway corridor. Conformance with the Citv of Anna Strateaic Plan and Comprehensive Plan Anna Vision 2034 a. Principle 1: Community of Families i. Life cycle family housing for all generations. b. Principle 3: Beautiful Community i. Design standards that promote beautiful and enduring buildings and commercial areas. c. Principle 5: Great Housing Opportunities i. Diverse housing choices for all family generations: small lots, townhomes, estate homes, "ranchette", apartments, mixed -use development. ii. Safe, well -design, well -maintained multi -family rental housing. City of Anna Goals for 2024 a. Sustainable Anna Community Through Planned, Managed Growth i. Having new buildings and homes that are attractive and using the appropriate building materials and meeting City's architectural standards. ii. Having a range of housing choice available in Anna. AGENDA ITEM NO. 913 (01/06/20) PAGE 2 OF 9 Future Land Use Plan - The Future Land Use Plan designates this property as Commercial, the role of commercial activity in the city is to provide convenient and available retail, service, and office opportunities to residents of the Anna market area. Commercial activity provides return on investment for business and property owners, employment opportunities for local residents (neighbors), and an economic base for local taxing entities. Commercial activity generally supports community residential activity, but certain aspects of the retail, service, and office uses such as big -box retail, and service and office headquarters may be more regionally oriented and act as basic elements of the economy. The Commercial land use designation is silent on mixed -use developments and due to the impacts of the adjacent highway, residential uses may not be appropriate in many instances. However, staff believes the proposed land use would offer a more convenient lifestyle option, compliment the future single-family neighborhood to the west by adding more diversity of housing, and serve as an appropriate transition and buffer between the future commercial and single-family residential developments. Adequacy of Public Facilities - Water and sanitary sewer services are available to serve the subject property; however, the applicant may be responsible for making improvements to either the water and/or sanitary sewer system to increase the system capacity if required. ISSUES: Residential Uses Many cities have policies separating residential uses from expressway corridors in order to reserve the frontage roads for significant commercial development. Additionally, due to noise and health impacts, residential development is generally not appropriate along these corridors. However, staff believes that residential uses could be appropriate for the subject property if: Appropriate standards are established to protect residents from the effects of U.S. Highway 75; 2. Appropriate standards are used to encourage high -quality development on the subject property; and 3. As a part of a mixed -use development with pedestrian -oriented standards. AGENDA ITEM NO. 9B (01/06/20) PAGE 3 OF 9 Staff would not support residential uses on the subject property without considerations noted above. The recommended planned development stipulations are intended to fulfill these standards. In order to protect residents from the impacts of the highway, the applicant is proposing the following stipulations; a. Minimum 475-foot setback from the centerline of U.S. Highway 75. b. 9-foot landscape buffer requirement between multiple -family residential and nonresidential development. c. Architectural design limitations for units directly facing U.S. Highway 75. Staff believes the 475-foot distance will allow sufficient depth for commercial development to be constructed along the frontage road. The future commercial development and architectural design limitations will help to buffer future neighbors from the potential adverse effects of the highway. Additionally, the multiple -family residence use is appropriate given the future residential adjacency to the west (Villages of Hurricane Creek). Open Space Open Space is a requirement for residence hotels, garden (patio) homes, and multiple - family residence uses to ensure that future occupants have access to recreational space. Open space is defined as [a portion of a lot] "for recreational purposes, both passive and active, but not including areas used for parking or maneuvering of automobiles, or drives or approaches to and from parking areas. Floodplains, or 50% of any standing surface water, may be considered as open space, provided such open space is contiguous and part of the platted lot and is maintained." Subsection (f) Multifamily residences of Section 9.04.033 Special Uses, provides a requirement for open space based on the number of bedrooms for multiple -family residences. The requirement permits credit of three square feet per one square foot of swimming pools and adjacent decks, patios, or lounge areas within 10 feet of a pool; developed and equipped children's play areas; and usable portions of recreational buildings not to exceed 50% of the total open space with exclusion to tennis courts. Based on the bedroom count of the concept plan, the multiple -family residence development would require approximately 5.5 acres of private open space. The proposed planned development stipulations reduce this requirement from approximately 5.5 acres to 20% of the lot for private amenity space associated with the multiple -family residence development which excludes landscape edges, buffers, and parking lot landscaping. The intent of this stipulation is to ensure the amount of amenity AGENDA ITEM NO. 913 (01/06/20) PAGE 4 OF 9 space is developed consistent with the approved concept plan associated with the zoning request. Staff believes that the pedestrian -oriented, urban form proposed for this multiple -family residence with passage to the adjacent commercial property justifies reducing the required open space. Other Planned Development Stipulations The additional planned development stipulations include modifications to height, parking, and proposed design standards. With the exceptions previously noted for the location of residential uses, staff is in support of the proposed planned development stipulations. SUMMARY: The applicant is requesting to amend Planned Development-765-2018 on 81.8± acres located at the northwest corner of U.S. Highway 75 and Country Road 455 in order to allow the additional land use of multiple -family residence on 9.1± acres located at the southeast corner of future Standridge Boulevard and future Suzie Lane. The request is in conformance with multiple principles of the City of Anna Strategic Plan. The proposed uses and standards will help to create a development with a mix of uses, which will be distinct from the traditional retail development which could occur by -right on the subject property. The request will also serve as an appropriate transition between the proposed neighborhood Villages of Hurricane Creek and U.S. Highway 75. For these reasons, staff is in support of the rezoning request. RECOMMENDATION: Recommended for approval as follows: (Additions are indicated in underlined text; deletions are indicated in strikethrough text.) 1. Purpose. The purpose of this Planned Development District is to facilitate the development of high -quality development in the Northwest quadrant of U.S. Highway 75 and West White Street (FM 455) to accommodate those uses that are of city-wide and regional significance. Within this District are permitted certain retail, service, aPA office uses..-1 and multiple -family residential. 2. Definitions. Except as otherwise provided herein, the definitions in SeGtOOR 4 Appendix 3 of the City's Zoning Ordinance shall apply. For purposes of this Planned Development District, the following terms shall be defined as follows: a. "Masonry" means brick, tile, manmade or natural stone, cast stone, rock, marble, granite, curtain glass, glass block, exposed aggregate concrete panels, AGENDA ITEM NO. 913 (01/06/20) PAGE 5 OF 9 decorative concrete panels, split face concrete block or any construction consisting of concrete panels including, but not limited to "tilt -wall" construction, -,---or any other materials similar to these materials approved by the Director of Planning Development Services. b. Exterior insulation finish system ("EIFS") can only be used as accent and must be at least twelve feet (12') above the finished floor elevation. 3. Development Standards. a. "C-1" Property. Development of the Property must comply with the development standards for use, density, lot area, lot width, lot depth, yard depths and widths, building height, building elevations, coverage, floor area ratio, parking, access, screening, landscaping, accessory buildings, signs, and lighting, set forth in the "C-1 ", Restricted Commercial District, and "THOR Overlay", except as otherwise provided herein. i. Uses: in addition to the Uses permitted under C-1, the following Uses shall be permitted by right: A. Hospital (Chronic Care) long term health care facility.. B. Hospital (Acute Care).. C. Ambulatory, Surgery Center 4 D. Emergency Room / Urgent Care E. Dialysis Center F. Rehabilitation Care Facility G. Rehabilitation Care Institution H. Laboratory, Medical or Dental I. Laboratory, Scientific or Research 44.J. Pharmacy with or without Drive Thru 44-. K. Medical Supplies, Sales and Service 4-2L. L. Child Care Center 4-3-. M. Nursery School, Kindergarten 44N. Rest Home or Nursing Home 4-5-.0. Veterinarian Clinic (small animal -No Outside Pens) �P. Multiple-Familv Residence in accordance with the MF-2 Multiple -Family Residential - Hight Density zoning district, unless otherwise specified herein 2L. ii. Uses allowed within the district with a Specific Use permit_: Heliport or helistop -3-. iii. Minimum Lot Area: 10,000 sq. ft. AGENDA ITEM NO. 9B (01/06/20) PAGE 6 OF 9 4-.iv. Maximum Building Height: The Maximum building height shall be 55 feet measured to the top of the last floor ceiling elevation. -5 -. v. Outdoor Display Area (Garden Centers)_ 4A. An outdoor display area (garden center) may not exceed twenty five percent (25%) of the adjoining building size. 2L. B. The outdoor display area shall be enclosed by a 4' masonry wall with decorative ornamental iron fencing above, to not be less than eight fee (8') total in height. 3-.C. Height of materials being screened must be lower than the screening fencing. 4D. Landscaping shall be planted along the exterior side of any outdoor display area and maintained at a height of 3 feet along the front and Landscaping shall be planted on the side of any outdoor display area and maintained at a height of 6 feet. vi. Multiple-Familv Residence Location: A. Shall be restricted to the area identified on the approved Concept Plan (Exhibit A) and may be developed entirely as either multiple -family residence or C-1 Restricted Commercial as amended by the PD. B. Minimum residential setback from the centerline of the main lanes of U.S. Hiahwav 75: 475 feet. C. No exterior balconies, stoops, or patios shall be permitted on an exposed facade of a multifamily building directly facing U.S. Highway 75. vii. Standards and Area Regulations (Multiple -Family Residence): Development must comply with the development standards for use, density, lot area, lot width, lot depth, yard depths and widths, building height, building elevations, coverage, floor area ratio, parking, access, screening, landscaping, accessory buildings, signs, and lighting, set forth in the "MF-2", Multiple -Family Residential District — High Density, except as otherwise provided herein. AGENDA ITEM NO. 913 (01/06/20) PAGE 7 OF 9 A. Maximum number of units: 350 B. Maximum Building Height: 4 stories (55 feet) C. Maximum Lot Coverage: 60% D. Maximum Densitv: 39 units Der acre E. Minimum open space: 20% of the lot F. Parking: 1 space / Studio & 1 bedroom units 2 spaces / 2 & 3 bedroom units iii. Design Standards (Multiple -Family Residence): A. 50% of all units must have one of the following design features: A true balcony, stoop, or patio to create outdoor living space. B. No buildina facade may exceed a lenath of 100 feet without a break in the facade of a minimum depth of 2 feet for a minimum lenath of 10 feet. C. A minimum of 2 materials are required on each facade. D. Screenina fence: Boarder fencina material shall be either masonry construction or wrought iron, tubular steel, or tubular aluminum with masonry columns. Additionally, an irrigated landscape screen, minimum height of 6 feet, shall be installed within a 9-foot landscape buffer along the property line on any perimeter not abutting a public street or right-of-way. The landscape screen must grow to a height of at least 10 feet within 2 years of installation. E. Plats and/or site Dlans submitted for the development of the PD shall conform to the data presented and approved on the Conceptual Development plan. Non -substantial changes of detail on the final development plan(s) that differ from the Conceptual Development plan may be authorized by the City AGENDA ITEM NO. 913 (01/06/20) PAGE 8 OF 9 Council with the approval of the final development plan(s) and without public hearing. F. The Conceptual Development Plan will expire after two (2) years of approval. AGENDA ITEM NO. 9B (01/06/20) PAGE 9 OF 9 CITY OF ANNA, TEXAS (Property rezoned under this ordinance is generally located on the west side of State Highway 5, 1,420 feet south of West White Street) ORDINANCE NO. AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY'S COMPREHENSIVE PLAN, ZONING MAP, AND ZONING ORDINANCE AND CHANGING THE ZONING OF CERTAIN PROPERTY AS DESCRIBED HEREIN; PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A PENALTY CLAUSE NOT TO EXCEED $2,000 OR THE HIGHEST PENALTY AMOUNT ALLOWED BY LAW, WHICHEVER IS LESS; AND, PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City of Anna, Texas ("City") has previously adopted ordinances, rules and regulations governing the zoning in the City; and WHEREAS, the City has received a requested zoning amendment to Planned Development-765- 2018 on Property described in Exhibit A ("Property") attached hereto and incorporated herein for all purposes as if set forth in full; and WHEREAS, said zoning for Property generally located at the northwest corner of U.S. Highway 75 and Country Road 455 is being amended in order to allow the additional land use of multiple - family residence on 9.1± acres located at the southeast corner of future Standridge Boulevard and future Suzie Lane; 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 amending the existing zoning of the Property described in Exhibit A to allow for the additional land use of multiple -family residence, as depicted in the Concept Plan on the attached Exhibit B. 1. Purpose. The purpose of this Planned Development District is to facilitate the development of high - quality development in the northwest quadrant of U.S. Highway 75 and West White Street (FM 455) to accommodate those uses that are of city-wide and regional significance. Within this District are permitted certain retail, service, office uses, and multiple -family residential. 2. Definitions. Except as otherwise provided herein, the definitions in Appendix 3_of the City's Zoning Ordinance shall apply. For purposes of this Planned Development District, the following terms shall be defined as follows: a. "Masonry" means brick, tile, manmade or natural stone, cast stone, rock, marble, granite, curtain glass, glass block, exposed aggregate concrete panels, decorative concrete panels, split face concrete block or any construction consisting of concrete panels including, but not limited to "tilt -wall" construction, or any other materials similar to these materials approved by the Director of Development Services. b. Exterior insulation finish system ("EIFS") can only be used as accent and must be at least twelve feet (12') above the finished floor elevation. 3. Development Standards. a. "C-1" Property. Development of the Property mu standards for use, density, lot area, lot width, lot building height, building elevations, coverage, flo screening, landscaping, accessory buildings, signs, 1 ", Restricted Commercial District, and "THOR provided herein. st comply with the development depth, yard depths and widths, or area ratio, parking, access, and lighting, set forth in the "C- Overlay", except as otherwise Uses: in addition to the Uses permitted under C-1, the following Uses shall be permitted by right: A. Hospital (Chronic Care) long term health care facility B. Hospital (Acute Care) C. Ambulatory, Surgery Center D. Emergency Room / Urgent Care E. Dialysis Center F. Rehabilitation Care Facility G. Rehabilitation Care Institution H. Laboratory, Medical or Dental I. Laboratory, Scientific or Research J. Pharmacy with or without Drive Thru K. Medical Supplies, Sales and Service L. Child Care Center M. Nursery School, Kindergarten N. Rest Home or Nursing Home 2 O. Veterinarian Clinic (small animal -No Outside Pens) P. Multiple -Family Residence in accordance with the MF-2 Multiple - Family Residential - Hight Density zoning district, unless otherwise specified herein ii. Uses allowed within the district with a Specific Use permit: Heliport or helistop iii. Minimum Lot Area: 10,000 sq. ft. iv. Maximum Building Height: The Maximum building height shall be 55 feet measured to the top of the last floor ceiling elevation. V. Outdoor Display Area (Garden Centers): A. An outdoor display area (garden center) may not exceed twenty five percent (25%) of the adjoining building size. B. The outdoor display area shall be enclosed by a 4' masonry wall with decorative ornamental iron fencing above, to not be less than eight fee (8') total in height. C. Height of materials being screened must be lower than the screening fencing. D. Landscaping shall be planted along the exterior side of any outdoor display area and maintained at a height of 3 feet along the front and Landscaping shall be planted on the side of any outdoor display area and maintained at a height of 6 feet. vi. Multiple -Family Residence Location: A. Shall be restricted to the area identified on the approved Concept Plan (Exhibit A) and may be developed entirely as either multiple -family residence or C-1 Restricted Commercial as amended by the PD. B. Minimum residential setback from the centerline of the main lanes of U.S. Highway 75: 475 feet. C. No exterior balconies, stoops, or patios shall be permitted on an exposed facade of a multifamily building directly facing U.S. Highway 75. 9 vii. Standards and Area Regulations (Multiple -Family Residence): Development must comply with the development standards for use, density, lot area, lot width, lot depth, yard depths and widths, building height, building elevations, coverage, floor area ratio, parking, access, screening, landscaping, accessory buildings, signs, and lighting, set forth in the "MF-2", Multiple - Family Residential District — High Density, except as otherwise provided herein. A. Maximum number of units: 350 B. Maximum Building Height: 4 stories (55 feet) C. Maximum Lot Coverage: 60% D. Maximum Density: 39 units per acre E. Minimum open space: 20% F. Parking: 1 space / Studio & 1 bedroom units 2 spaces / 2 & 3 bedroom units viii. Design Standards (Multiple -Family Residence): A. 50% of all units must have one of the following design features: A true balcony, stoop, or patio to create outdoor living space. B. No building fagade may exceed a length of 100 feet without a break in the fagade of a minimum depth of 2 feet for a minimum length of 10 feet. C. A minimum of 2 materials are required on each fagade. D. Screening fence: Border fencing material shall be either masonry construction or wrought iron, tubular steel, or tubular aluminum with masonry columns. Additionally, an irrigated landscape screen, minimum height of 6 feet, shall be installed within a 10-foot landscape buffer along the property line on any perimeter not abutting a public street or right-of-way. The landscape screen must grow to a height of at least 10 feet within 2 years of installation. 4 E. Plats and/or site plans submitted for the development of the PD shall conform to the data presented and approved on the Conceptual Development plan. Non -substantial changes of detail on the final development plan(s) that differ from the Conceptual Development plan may be authorized by the City Council with the approval of the final development plan(s) and without public hearing. F. The Conceptual Development Plan will expire after two (2) years of approval. Section 3. Official Zoning Map The official Zoning Map of the City shall be corrected to reflect the change in zoning described herein. Section 4. Savings, Repealing and Severability Clauses It is hereby declared to be the intention of the City Council that the words, sentences, paragraphs, subdivisions, clauses, phrases, and provisions of this ordinance are severable and, if any phrase, sentence, paragraph, subdivision, clause, or provision of this ordinance shall be declared unconstitutional or otherwise invalid or inapplicable by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality, invalidity or inapplicability shall not affect any of the remaining words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional, invalid or inapplicable words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions. Further, all ordinances or parts of ordinances in force when the provisions of this ordinance become effective that are consistent and do not conflict with the terms and provisions of this ordinance are hereby ratified to the extent of such consistency and lack of conflict, and all ordinances or parts of ordinances in force when the provisions of this ordinance become effective that are inconsistent or in conflict with the terms and provisions contained in this ordinance are hereby repealed only to the extent of any such conflict. 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 28th day of January 2020. ATTESTED: APPROVED: Carrie L. Land, City Secretary Nate Pike, Mayor Cej *:/C1M SITUATED in Collin County, Texas, in the W. S. Rattan Survey, Abstract No. 752 and the Thomas Rattan Survey, Abstract No. 782, being a resurvey of the 81.8447 acres of land described in a Special Warranty Deed from Swisher Partners, L.P. to One Anna Two, Ltd. dated January 31, 2007, recorded in document number 20070201000151600 and in a Special Warranty Deed from Swisher GP, L.P. to One Anna Two, L.P. dated January 13, 2007, recorded in document number 20070201000151610, both deeds of the Collin County Land Records, being described by metes and bounds as follows: BEGINNING at a 5/8-inch iron pin found at the northeast corner of said 81.8447-acre tract, the southeast corner of the Jan Sherley Miller 66.845 acres Ref. Vol 2667, Pg. 671 and in the west R.O.W. line of U. S. Highway No. 75; Thence southwesterly with the east line of said 81.8447-acre tract and with said west R.O.W. line to 1/2-inch iron pins found as follows: South 11 021'west, 104.29 feet; South 8129'west, 2200.0 feet; South 12104'west, 801.57 feet; South 8029'west, 200.0 feet; South 17001'west, 202.24 feet; South 45021'west, 499.98 feet; South 9052'west, 168.2 feet; South 44011'west, 40.09 feet to a 1/2-inch iron pin found at the southeast corner of said 81.8447-acre tract and at the junction of said east R.O.W. line with the north R.O.W. line of Farm Road No. 455; Thence south 89013'50" west, 750.14 feet with the south line of said 81.8447-acre tract and said north R.O.W. line to a 1/2-inch iron pin found at the southwest corner of said 81.8447-acre tract and the south, southeast corner of the Don Collins, et al 114.252 acres, Ref. V. 5257, P. 4877; Thence northerly with the west line of said 81.8447-acre tract and with the east line of said 114.252-acre tract to 1/2-inch iron pins found as follows: North 0029'10" West, 540.38 feet to a 1/2-inch iron pin found at the beginning of a curve to the right from which the radius center lies North 89°30'50" East, 500.0 feet; Thence with said curve, an arc of 209.61 feet around a central angle of 24101'08" on a radius of 500.0 feet to a 1/2-inch iron pin found; North 59103'25" East, 129.33 feet to a 1/2-inch iron pin found at the beginning of a curve to the left from which the radius center lies North 301,56'35" West, 700.0 feet; Thence with said curve, an arc of 189.73 feet around a central angle of 15031'48" on a radius of 700.0 feet to a 1/2-inch iron pin found; North 43031'37" East, 241.38 feet to a 1/2-inch iron pin found at the beginning of a curve to the left from which the radius center lies North 46028'23" West, 700.0 feet; Thence with said curve, an arc of 530.61 feet around a central angle of 43025'53" on a radius of 700.0 feet to a 1/2-inch iron pin found; North 0005'44" East, 1035.62 feet to a 1/2-inch iron pin found a the beginning of a curve to the right from which the radius center lies South 89054'16" East, 700.03 feet; Thence with said curve, an arc of 101.69 feet around a central angle of 8019,23" on a radius of 101.69 feet to a 1/2-inch iron pin found; North 8025'09" East, 393.86 feet to a 1/2-inch iron pin found at the beginning of a curve to the left from which the radius center lies North 81 °34'51" West, 699.99 feet; Thence with said curve, an arc of 116.43 feet around a central angle of 9131'48" on a radius of 699.99 feet to a 1/2-inch iron pin found; Thence North 1 °06'39" West, 201.55 feet to a 1/2-inch iron pin found at the beginning of a curve to the right from which the radius center lies North 88053'21" East, 700.0 feet; Thence with said curve, an arc of 205.39 feet around a central angle of 16048'40" on a radius of 700.0 feet to a 1/2-inch iron pin found; Thence North 15142'02" East, 121.6 feet to a 1/2-inch iron pin found at the beginning of a curve to the left from which the radius center lies North 74017'58" West, 700.0 feet; Thence with said curve, an arc of 205.39 feet around a central angle of 16048'40" on a radius of 700.0 feet to a 1/2-inch iron pin found; Thence North 1106'39" West, 55.96 feet to a 1/2-inch iron pin found at the northwest corner of said 81.8447-acre tract, the northeast corner of said 114.252-acre tract and in the south line of said 66.845-acre tract; Thence north 89056'12" east, 955.42 feet with the north line of said 81.8447-acre tract and with said south line to the PLACE OF BEGINNING and containing 77.97 +/- acres of land. CERTIFICATION: I, hereby certify that I made the survey on the ground on July 15, 2015 of the herein described tract shown hereon and set corner stakes as reflected on the plat and that only visible improvements on the ground are as shown on the survey; to my knowledge, there are no encroachments, overlapping of improvements or conflicts except as shown on the survey plat; that the survey is guaranteed to its completeness. SKGW/GMG 07162015 G10 C:\LD\782-77.STR REVISED BY GMG 7-16-2015 VICINITY d C � Love's Travel Stop C ® 0 ALL DRIVEWAY CUTS ON STREETS AND HIGHWAYS MAINTAINED BY STATE ROADSPHIGHWAYSOIFSHA N MORTTHE REQUIREOMfNTS TS 6F TXDOT'S ACCESS MANAGEMENT MANUAL AS MAY BE AMENDED) AND ROADWAY DESIGN MANll11AL (AS MAY BE AMENDED , AS APPLICABLE FOR THE SPACING AND DESIGN OF THE DRIVEWA , UNLESS CITY STANDARDS ARE MORE STRINGENT, IN WHICH CASE CITY STANDARDS SHALL BE MET. 5layter us Creek Park E C� Anna W Wh§e Gwhhe:- Natural Springs Part ® M, 3 ® 0 Canin [ounT soar [cop 965 " C-" °w 'EALE NTS L_ — — CADG HURRICANE CREEK LLC 1800 VALLEY VIEW LN. #300 DALLAS, TX 75234 CALLED 23.914 ACRES ANNA INVESTMENTS, LLC 0=5606'46"- I NST. NO. 20180622000777080 R= L=166.1.49' O. P. R. C. C.T. CB = 53723'00"E C=159.92' EXHIBIT B --•� �nlvC ---L-0„ �=pSC (�' R.O.W.) APE BUFFERI �e 11 S SIDEWALK Fq z�l`V �x75' S8 ✓F� i S � 2'13' / T O 221'-0" = 57'41'07"- R = 230.00" N80°48'39"E L = 231.56' 12.54' CB = N70 20'47"E C = 221.91' 220'-0,, I` a GATE •�\O Q 1 I I Ip� I I n / ej��' I TRASH a I s N50'48'21'E /BILL 39.85'EASE7NE - d / A=0148'11" I _J R = 620.03" L=19.51' I CB = N00°08'05" E C=19.51' I 1 1 , I , I I I I 0 zn N I 1 I DETENTION/ w , PARK Z I I W I I � I BLOCK A, LOT 1 9 ACRES / 392,040 SF CN I I I I / D26' FIRE LANE D M IF IES ALL BOX _ " v �L co LLJ d U ' GATE J � Q of > I J \ I \ O I \C 0 \'\ �— I ' ❑ ❑ ❑ , \ i 11 z � ❑ V I N I I I � ❑ 1 I I ❑❑❑ I I , I I , J � I Q I Q J I 1 r_1_r o � I I L.L 1 - I 0 I 3 5,. 1 I N I I �1 I I Q m I I I Q I W RETAIL PAD SITES 4 0 11,695 SF p I 80 PARKING Q I� I (20'-0") I o o I 1 I I" I e 1 I I I I I I S I I 1 C I RETAIL PAD SITES 3 I a 11,695SF I I 53 PARKING SPACES I 1 STORY I (20'-0") I I I I _ 1 I I I RASH a— I CA - ', -' r-r^.J 0 V W i 1¢ zc I► RETAIL PAD SITES 2 11,695 SF 77 PARKING SPACES 1 STORY (20'-0") I I `-4 TRASH D I ' I I I I v 0 11 I I I I WhAllyI II , _Al I (45- ") II I I RETAIL PAD SITES 1 z I� 11,695 SF 55 PARKSING ACES II ORY (20'-0") - I ---- - - ---- - - ---- - - 26' FIRE LANE a D I ' I� 25-0" BLDG SETBACK — — — — — 9'-79N=PE77FER— 8' METAL FENCE f PROPERTY LINE 420.60' N08'23'03"W 273.53' N0823'03"W ONE ANNA TWO LTD 15640 QUORM DRIVE ADDISON, TX 75001 N MR HIPOINT - SITE PLAN SCALE 1 "=60'-0" 0 1020 60 120 160 I I ^ h BLOCK A, T 2 I 4. A 'RES / 2 ,962 SF 1 I I I I I I I I I 1 I I I II I I I ' I , I I ' I I , 1 ' I I I ' 1 , I 1 , z ' ' J z I I, o I ' ' Q ' I W ' w W I I I ' 1 0 ' I � ' 1 0 ' a I I � I � PSk, I I , I , I , I , I , I I I ; � 1 I I I� I I ' I oo, 1 � I I ' I I �I I I I I , I II I , � I I I I I I I I I I I I 281.75' RETAIL RETAIL 30' ' "sT o R.O. / — 1 T-I ►' . - 1 � I / � 1 I -- �c�--- J ' RETAIL I. ' I loll a _ I IlpVnyll I � 1 ' I II 1 mo Ij I', �i �; RETAIL o� II 1 I o— I 1 f 1 II I, RETAIL I: 1 I 1 II I -- ---- ---- ---- ---- ---- ---- --- 1 1 I ' I _ 0 z RETAIL j N I I I I RETAIL I ► Z� m� I j RETAIL I I q 1 I N 1 I 1 I ' I / 1 , / 1 . 1 1 / RETAIL 1 1 1 I GREENS 1 � o RETAIL v I PLAZE j I I , A r Nd I GREENS T AS AN SURVEY ST CT N . 82 RETAIL // i / / AIL / / / RETAIL DETENTION POND I 1 I L r — — /1 f) MR HIPOINT - SITE PLAN L SCALE 1 "=200'-0" SITE DATA TABLE GENERAL SITE DATA BLOCK A LOT 1 BLOCK A LOT 2 ZONING PD C-1 PROPOSED USE MODIFIED MF-2 C-1 LOT AREA 9 ACRES (392,040 SF 4.8 ACRES (211,962 SF BLDG FOOTPRINT AREA 76,768 SF 46,780 SF PAVING AREA 155,479 SF 95,520 SF BUILDING HEIGHT 45' 20' LOT COVERAGE 59.24% 67.13% FLOOR AREA RATIO .77 .22 ZONING REQUIREM ENTS*BLOCK A LOT 1 BLOCK A LOT 2 MF-2 PROPOSED NO PROPOSED CHANGES FROM BASE ZONING FOR C-1 (LOT 2) MAXIMUM BLDG HEIGHT 45' 45' SIDE YARD INTERIOR 10' 25' SIDE YARD CORNER 25' 25' REAR YARD 25 25' FRONT YARD 25' 25' LOT AREA 5,000 SF 9 ACRES (392,040 SF MIN. LOT WIDTH 50' EXCEEDS REQ. MIN LOT DEPTH 120' EXCEEDS REQ. MAX LOT COVERAGE 40% 59.24% BUILDING SIZE NONE N/A MASONRY % 90% 40% MINIMUM DENISTY W/ SPRINKLER 125 UNIT/ARCE 36.67 UNIT/ARCE MULTIFAMILY UNITS # OF STUDIO UNITS 33 # OF 1 BDRM UNITS 173 # OF 2 BDRM UNITS 116 # OF 3 BDRM UNITS 8 PARKING MF-2 PROPOSED REQUIRED 612 2 PARKING SPACES/UNIT 454 1P/lBR+2P/2BD+2P/3BR PROVIDED 464 *DEVELOPMENT IS LOCATED IN THE THOR OVERLAY DISTRICT F.M. ROAD. 455 IA VARIABLE WIDTH R.O.W.) PREPARER: UD ARCHITECTS DARREN DOBBINS 4345 LINDBERGH DRIVE ADDISON, TEXAS 75001 V-972-392-2838 CURRENT PROPERTY OWNER ONE ANNA TWO, LTD 15640 GUARUM DRIVE ADDISON, TEXAS 75001 V-214-363-1998 DEVELOPER HiRISE PARTNERS, LLC NATHAN McCARTNEY 1616 WABASH AVE. FORT WORTH, TEXAS 76107 V-817-913-2133 TITLE BLOCK FOR CITY APPROVALS CONCEPT PLAN (MR HIPOINT) BLOCK A, LOT 1 MULTIPLE -FAMILY RESIDENCE GROSS ACREAGE-9 ACRES (MR HIPOINT) BLOCK A, LOT 2 RETAIL GROSS ACREAGEA.8 ACRES CITY OF ANNA, COLLIN COUNTY, TX W.S. RATTON SURVEY, ABSTRACT NO.752 DECEMBER 30, 2019 ARCHITECTS United Design Architects 4345 LINDBERGH DR. ADDISON, TX 75001 972-392-2838 www.studioUDA.com REVISIONS PROJECT # 19000 DATE 01-01-2020 SHEET # Al-01 XXX BLDG PLAN CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE MR HIPOINT, BLOCK A, 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, Nathan McCarthey has submitted an application for approval of the MR HiPoint, Block A, 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 MR HiPoint, Block A, 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 28' day of January 2020. ATTEST: APPROVED: City Secretary, Carrie L. Land Mayor, Nate Pike VICINITY d C � Love's Travel Stop C 0 o SUNIIEZq ® 0 ALL DRIVEWAY CUTS ON STREETS AND HIGHWAYS MAINTAINED BY "s, oPR o 30'R.0 E THE TEXAS DEPARTMENT OF TRANSPORTATION TXDOTI SG STATE ROADS HIGHWAYSI SHALL MEET THE,F UIREMfNTS bF TXDOT'S ACCESS MANAGEMENT MANUAL AS MAY BE �� — �— AMENDED)1 AND ROADWAY DESIGN MANUAL IAS MAY BE — AMENDED`j, AS APPLICABLE FOR THE SPACING AND DESIGN OF THE EXHIBIT 1�/ T-I �'r DRIVEWAT�, UNLESS CITY STANDARDS ARE MORE STRINGENT, IN WHICH CASE CITY STANDARDS SHALL BE MET. �j I ------ •- 1 5layter us � 1 Creek Park I'1 � 1 J 1 C II j RETAIL I I I Anna _ I Natural Springs Part Q ® M, 3 ® 0 Canin [ounT soar [cop 965 " C-" °w 'EALE NTS L_ — — CADG HURRICANE CREEK LLC 1800 VALLEY VIEW LN. #300 DALLAS, TX 75234 CALLED 23.914 ACRES ANNA INVESTMENTS, LLC 0=5606'46"- I NST. NO. 20180622000777080 R= L=166.1.49' O. P. R. C. C.T. CB = 53723'00"E C=159.92' �0„ �ApDS (�' "nlvc R.O.W.) APE BUFFERI �e 11 S SIDEWALK Fq z�l`V �x281.75' S8 ✓F� i S � 2"13' / T O 221'-0" = 57'41'07"- R = 230.00" N80°48'39"E L = 231.56' 12.54' CB = N70 20'47"E C = 221.91' 220'-0,, I` a GATE •�\O Q 1 I I Ip� I I n TRASH a I s N50'48'21'E /BILL 39.85' EASEINE - d V / A=0148'11" I _J R = 620.03" L=19.51' I CB = N00°08'051 C=19.51' I 1 1 , I , I I I I 0 zn N I I I DETENTION/ w , PARK Z I W I I � I BLOCK A, LOT 1 9 ACRES / 392,040 SF CN I I I I � I I I / D26' FIRE LANE D M IF IES ALL BOX _ " v �L co Lu d U ' GATE J � Q of > I J \ I \ 0 I �� 0 \'\ �— ❑ ❑ ❑ , \ i 11 z ❑El V N I I I 0 ❑ I ❑❑❑ I I , I I , J � I Q ^ I I I N _9 Z ' Q J I 1 o 1_1_1 � I LL - I 0 I 3 5,. 1 I N I I �1 I I Q I I W I Q I W RETAIL PAD SITES 4 11,695 SF �I' I 80 PARKING SPACES -� Q o I� I (20'-0") I o o I I I I" I e 1 I I I I I I S I I 1 C I RETAIL PAD SITES 3 I a 11,695SF I I 53 PARKING SPACES I 1 STORY I (20'-0") I I I I _ 1 I I I R SH I CA- I.L,r 0 '^-' V W I I► RETAIL PAD SITES 2 11,695 SF 77 PARKING SPACES 1 STORY (20'-0") I I `4I TRASH D I ' I I I I I I v 0 j I I II , II _ I I I I (45- ") I RETAIL PAD SITES 1 z I� 11,695 SF 55 PARKSING ACES II ORY (20'-0") - I ---- - - ---- - - ---- - - 26' FIRE LANE a D _]1r_TTTT_[ I ' I� 5'- " B D gCj I 25-0"BLDG SETBACK J — — — — — 9'-79N=PE77FER— 8' METAL FENCE f PROPERTY LINE 420,60' N08'23'03"W 273.53' N0823'03"W ONE ANNA TWO LTD 15640 QUORM DRIVE ADDISON, TX 75001 N MR HIPOINT - SITE PLAN SCALE 1 "=60'-0" 0 1020 60 120 160 I I ^ h BL CK A, T 2 I 4. A 'RES / 2 ,962 SF 1 I I I 1 I I I 1 I I I II I I I ' I , 1 I ' I I , 1 ' I I I ' 1 , I 1 , z ' ' J z I I, 0 I ' ' Q ' I W ' w W I 0 Cl- a I I � I � PSk, I I , I , I , I , I , I I I ; � 1 I I I� I I ' I oo, 1 � I I ' I I �I I I I I , I II I , � I I I I I I I I I I I I 281.75' RETAIL RETAIL I I � 1 ' I II 1 mo Ij I', �i �; RETAIL 1 � II I, RETAIL I; I 1 II I --- ---- ---- --- I 1 I ' 1 _ 0 z RETAIL j N I I I I RETAIL z� m� I j RETAIL I q 1 I N 1 I 1 I ' I / 1 . / 1 . 1 1 / RETAIL I 1 1 I GREENS I 1 0 RETAIL � v I PLAZE j I I , A T GREENS T AS AN SURVEY ST CT N . 82 RETAIL i / / AIL / / / RETAIL DETENTION POND I I I L - — — /1 f) MR HIPOINT - SITE PLAN L SCALE 1 "=200'-0" SITE DATA TABLE GENERAL SITE DATA BLOCK A LOT 1 BLOCK A LOT 2 ZONING PD C-1 PROPOSED USE MODIFIED MF-2 C-1 LOT AREA 9 ACRES (392,040 SF 4.8 ACRES (211,962 SF BLDG FOOTPRINT AREA 76,768 SF 46,780 SF PAVING AREA 155,479 SF 95,520 SF BUILDING HEIGHT 45' 20' LOT COVERAGE 59.24% 167.13% FLOOR AREA RATIO 7 1.22 ZONING REQUIREM ENTS*BLOCK A LOT 1 BLOCK A LOT 2 MF-2 PROPOSED NO PROPOSED CHANGES FROM BASE ZONING FOR C-1 (LOT 2) MAXIMUM BLDG HEIGHT 45' 45' SIDE YARD INTERIOR 10' 25' SIDE YARD CORNER 25' 25' REAR YARD 25' 25' FRONT YARD 25' 25' LOT AREA 5,000 SF 9 ACRES (392,040 SF MIN. LOT WIDTH 50' EXCEEDS REQ. MIN LOT DEPTH 120' EXCEEDS REQ. MAX LOT COVERAGE 40% 59.24% BUILDING SIZE NONE N/A MASONRY % 90% 40% MINIMUM DENISTY W/ SPRINKLER 25 UNIT/ARCE 36.67 UNIT/ARCE MULTIFAMILY UNITS # OF STUDIO UNITS 33 # OF 1 BDRM UNITS 173 # OF 2 BDRM UNITS 116 # OF 3 BDRM UNITS 8 PARKING MF-2 PROPOSED REQUIRED 612 2 PARKING SPACES/UNIT 454 1P/lBR+2P/2BD+2P/3BR PROVIDED 464 *DEVELOPMENT IS LOCATED IN THE THOR OVERLAY DISTRICT F.M. ROAD. 455 IA VARIABLE WIDTH R.O.W.) PREPARER: UD ARCHITECTS DARREN DOBBINS 4345 LINDBERGH DRIVE ADDISON, TEXAS 75001 V-972-392-2838 CURRENT PROPERTY OWNER ONE ANNA TWO, LTD 15640 GUARUM DRIVE ADDISON, TEXAS 75001 V-214-363-1998 DEVELOPER HiRISE PARTNERS, LLC NATHAN McCARTNEY 1616 WABASH AVE. FORT WORTH, TEXAS 76107 V-817-913-2133 TITLE BLOCK FOR CITY APPROVALS CONCEPT PLAN (MR HIPOINT) BLOCK A, LOT 1 MULTIPLE -FAMILY RESIDENCE GROSS ACREAGE:9 ACRES (MR HIPOINT) BLOCK A, LOT 2 RETAIL GROSS ACREAGEA.8 ACRES CITY OF ANNA, COLLIN COUNTY, TX W.S. RATTON SURVEY, ABSTRACT NO.752 DECEMBER 30, 2019 ARCHITECTS United Design Architects 4345 LINDBERGH DR. ADDISON, TX 75001 972-392-2838 www.studioUDA.com REVISIONS PROJECT # 19000 DATE 01-01-2020 SHEET # Al-01 XXX BLDG PLAN THE CITY OF Anna AGENDA ITEM: Item No. 8. City Council Agenda Staff Report Meeting Date: 1 /28/2020 A) Conduct a public hearing to consider public comments on the request 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). (Applicant: Anna 21, LLC) B) Consider/Discuss/Action on an Ordinance approving the request to rezone 20.8± acres from AG to PD-MF-2 with modified development standards. (Director of Development Services Ross Altobelli) C) Consider/Discuss/Action on a Resolution approving the Concept Plan, Waterview, 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 allow for a multiple -family residence development with modified development standards. For additional information please refer to the attached staff report. A concept plan, Waterview, Block A, Lot 1, accompanies this request. Strategic Connection This items supports the City ofAnna Strategic Plan, specifically advancing: Goal 2: Sustainable Anna Community Through Planned, Managed Growth STAFF RECOMMENDATION: Zoning & Associated Concept Plan - The Planning & Zoning Commission recommended approval (7-0) at their January 6, 2020 meeting. ATTACHMENTS: Description Location Map Zoning staff report Upload Date Type 1 /21 /2020 Exhibit 1 /21 /2020 Staff Report Ordinance 1/23/2020 Ordinance Ordinance ExhibitA 1/23/2020 Exhibit Ordinance Exhibit B 1/23/2020 Exhibit Resolution 1 /28/2020 Resolution Resolution Exhibit 1/23/2020 Staff Report THE CITY OF nna n ►A City of Anna Strategic Plan Anna Vision 2034 Principle 1: Community of Families i. Life cycle family housing for all generations. Principle 3: Beautiful Community i. Design standards that promote beautiful and enduring buildings and commercial areas. THE CITY OF Anna n ►A City of Anna Strategic Plan Cont. Anna Vision 2034 Principle 5: Great Housing Opportunities. i. Diverse housing choices for all family generations: small lots, townhomes, estate homes, "ranchette", apartments, mixed -use development. ii. Safe, well -design, well -maintained multi -family and single-family rental housing. THE CITY OF Anna n ►A City of Anna Strategic Plan Cont. City of Anna Goals for 2024 Sustainable Anna Community Through Planned, Managed Growth i. Having new buildings and homes that are attractive and using the appropriate building materials and meeting City's architectural standards. ii. Having a range of housing choice available in Anna. THE CITY OF Anna n Comprehensive Plan Future Lane Use Map — Commercial II 1L 1whimilwil THE CITY OF �inna n ►A PD Stipulations • Multiple -Family Residence restricted to area shown on Concept Plan (9 acres). • 475' minimum setback from centerline of U.S. Highway 75 centerline. • No exterior balconies or patios permitted on facades directly facing U.S. Highway 75. • Maximum number of units: 350 • Minimum open space: 20% • Parking: 1 space per Studio/1 bedroom & 2 spaces per 2 & 3 bedroom • 9' irrigated landscape buffer along property lines not abutting R.O.W. THE CITY OF Anna f P � 4 # I r♦ I I a _ f r Concept Plan MR HighPoint, Block A, Lots 1 & 2 THE CITY OF nna n ►A Recommendation Zoning: Planning & Zoning Commission voted to approved 6-1 at their January 6, 2020 meeting. Concept Plan: Complies with the zoning district area regulations as requested by the zoning case. Recommend for approval subject to approval of the zoning request. THE CITY OF Anna =HiRAHiFdse H i R i s e Pm r 1 m5 a rHiRise Partners, LLC w w J=--L' L� - o 7 i EXECUTIVE SUMMARY ANNA VILLAGE, MIXED USE DEVELOPMENT PROJECT We are proposing Anna Village, a luxury mixed use development just south of Hurricane Creek Country Club and Golf Course as part of the greater Hurricane Creek mixed use development of Anna, Texas. The highly visible site is strategically located adjacent to Anna Surgery Center, on commercial land, fronting the newly completed expansion of U.S. Highway 75 at White Street which sees over 81,0000 cars per day. As the city competes for the future of its citizens and as the local workforce continues to grow, Anna Village provides answers for both residential housing and retail demand alongside other, newly planned, affluent residences and commercial/ retail spaces, offering the community a modern uptown framework with a local neighborhood feel. 1, 2 and 3-bedroom residential units are sized and built with luxury in mind. Residents will enjoy a state-of-the-art technology infrastructure and can expect amenities including secure parking, shared internet lounge spaces, workout facilities, a resort style swimming pool and dog park, promoting accessibility and community to area residents. Anna Village is inspired by the City of Anna's adopted future plans, will provide an estimated economic impact of over $7.5M to the community, and has strong municipal support. Each unique residential unit provides quick access to a variety of grocery, retail, and dining choices. In addition, the location allows convenient and abundant access to major roads and freeways for daily living, subsequently making it an exceptional location for multifamily development. m;& Hi HiRise Par Al =HiFdse HiRise Partners, LLC N"�\ . ..' \ " _ I c Imaoorn s =.m m s �1 'I I \ 9 NURRICANECR SUBDN610N O (PRASE 1) gsT. aol dA..,,Yoa ame HURRICANE CREEK SUBDIVISION (FUTURE PHASE) +0% PROPOSED CR 388 At { .000 . DR SITE PROPERTY . � OVERALL OPCC EXHIBIT Ki!aey* I Al =HiFdse HiRise Partners, LLC 1 � I 901-11 ouw,rt�szu'.Q. I II a NNNINVFBREM$IIL A.w O.P.R.00.T.R — l►p�;�� nn rill ems A —A +s 91 �7 i T�1Tfi-1 TltTT 1t117:�Yfi f l� i �wl�= I ! I �J J ARCHITECTS YnNtl CatlW 1 2MRHIPOINf-SREPLAN NrN.u.I KIIE I`-RJRP evscns �Ex �INR IIRFIOCIt PoRCRY.1111YNND PROIECT� -"�«N, a I 19000 aR,lN.,la�'1mz I ME oE. An-- .WQP. O1-012020 � Al-01 4 BIDG�RM! WAP:,'INT LAND AND CAPITAL 10 % �1 ilf�'ll� - A I I I Thank You ! d WAYMNT LAND AND CAPITAL Proposed Rezoning from Agricultural to Planned DeveIopment-Multiple-Family Residential — High Density W 4VHIT t 5T - E wmrri= sr r V y r , i ' ti 1 r Fes-- . — P70 IN W 0 _ {� 07 S _ L v w '-'r L• 3TVQ(0)Qp'CT let • r' r * d6 rig E CITY OF a Prflpna�d S�ha � Parcels 15 2W 51111 fHE CITY OF Fact J6nu9r!' 2O2C• 11 n ►A City of Anna Strategic Plan Anna Vision 2034 Principle 3: Beautiful Community i. Preserved some natural areas/open space through the community. Principle 5: Great Housing Opportunities. i. Diverse housing choices for all family generations: small lots, townhomes, estate homes, "ranchette", apartments, mixed -use development. ii. Safe, well -design, well -maintained multi -family and housing. single-family rental THE CITY OF nna n ►A City of Anna Strategic Plan Cont. City of Anna Goals for 2024 Sustainable Anna Community Through Planned, Managed Growth i. Having new buildings and homes that are attractive and using the appropriate building materials and meeting City's architectural standards. ii. Having a range of housing choice available in Anna. THE CITY OF Anna Comprehensive Plan Future Lane Use Map — Parks, Commercial, and Single -Family. THE CITY OF manna n PD Stipulations Zoning ordinance currently limits apartments to two -stories and a maximum height of 35 feet. Stipulations: • Three-story building, with a maximum height of 45 feet. • Maximum unit count of 325 units. THE CITY OF Anna ENDCF 15. r _R EA AMR& Am VI NPI IN 7 L 3ci oo IR EASEW WE' ? jr FI I *PAW. LOGR'yjA OF W WATER UqE WE3W;rkrr ?u1m1zm11D:613536 way r _• A' VI % j j WALL 0 Aa% —:7W 7 EAMMENT DIX— m7cc EN68F Concept Plan Waterview, Block A,, Lot 1 THE CITY OF nna n ►A Recommendation Zoning: request The Planning & Zoning Commission voted 7-0 to approve the zoning Concept Plan: Complies with the zoning district area regulations as requested by the zoning case. THE CITY OF Anna � �, ` , ` THE IT F V I;AL Attifta �.33 Proposed Site Parcels 0 125 250 500 Feet January 2020 L:\City Ad min \Admin istration\Maurice\^Develop ment-PIan ninq Issues\Zoning\2019\Waterview-multifamily rezoning (Hwy 5)Wgenda Map. mxd CITY OF ANNA PLANNING & ZONING COMMISSION January 6, 2020 Agenda Item No. 813 Applicant: Anna 21, LLC DESCRIPTION: Request to rezone 20.8± acres located on the east side of State Highway 5, 1,420 feet south of West White Street from Agricultural District to Planned Development -Multiple - Family Residential - High Density. Tabled December 2, 2019. REMARKS: The applicant is requesting to rezone the subject property to Planned Development - Multiple -Family Residential - High Density (PD-MF-2) to allow for a multiple -family residence development 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 of this article 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 MF-2 High -density multiple - family zoning is primarily intended as the appropriate designation for lands suitable for higher impact development and higher volume traffic, while serving the residential needs for higher density living quarters. A concept plan, Waterview, Block A, Lot 1, accompanies this request as Agenda Item 9C. Surroundinq Land Use and Zoning North Existing single-family residence zoned C-2 General Commercial District and a church, rectory, place of worship and vacant land zoned SF-1 Single -Family Residential District. East Across State Highway 5, a vacant tract zoned SF-E Single -Family Residential - Large Lot. South Existing major auto repair zoned residential SF-E and a single-family residence zoned PD-631-2013, PD-692-2015, and SF-E West Vacant tract zoned SF-E Proposed Planned Development Stipulations The requested zoning is PD-MF-2. There are two primary parts to this request: land use and design standards. Land Use - The applicant is proposing to rezone the subject property to allow for a multifamily use. Design Standards — The base MF-2 zoning limits construction to two-story with a maximum height of 35 feet. The language in the proposed PD district increases the construction height to three-story and increases the maximum height to 45 feet. The requested PD language is as follows: Restrictions: The permitted uses and standards shall be in conformance with the MF-2 zoning district unless otherwise specified herein. 1. Maximum Height: 3 story / 45 feet 2. Maximum Number of Units: 325 Conformance with the City of Anna Strategic Plan and Comprehensive Plan Anna Vision 2034 a. Principle 3: Beautiful Community i. Preserve natural areas/open space b. Principle 5: Great Housing Opportunities Diverse housing choices for all family generations: small lots, townhomes, estate homes, "ranchette", apartments, mixed -use development. ii. Safe, well -design, well -maintained multi -family rental housing. City of Anna Goals for 2024 a. Sustainable Anna Community Through Planned, Managed Growth AGENDA ITEM NO. 813 (01/06/19) PAGE 2 OF 4 i. Having new buildings and homes that are attractive and using the appropriate building materials and meeting City's architectural standards. ii. Having a range of housing choice available in Anna. Future Land Use Plan - The Future Land Use Plan designates this property as Parks, Commercial, and Single -Family. Therefore, the multifamily request does not conform to the Future Land Use Plan. Adequacy of Public Facilities - Water and sanitary sewer services are available to serve the subject property; however, the applicant may be responsible for making improvements to either the water and/or sanitary sewer system to increase the system capacity if required. 611-411*5 Multifamily Residence Use The subject property is primarily undeveloped except for an existing single-family residence. The applicant's request would allow future residents to benefit from the proposed open space, and existing and future retail, restaurants, and employment opportunities found within Downtown Anna. The request is an extension of the existing multifamily zoning to the south and continues the historically residential use of the property. As noted below, the applicant is proposing PD language to allow for a product that will preserve significant environmental features of the property. For these reasons, staff believes multifamily is an appropriate use for the subject property. PD Stipulations Section 9.04.020 (MF-2 Multiple -Family Residential - High Density) of the Zoning Ordinance limits apartments to two -stories and has a maximum height limitation of 35 feet. The applicants request to allow a three-story building, with a maximum height of 45 feet, will allow the development to preserve significant natural features of the site. SUMMARY: The applicant is requesting to rezone 20.8± acres from Agriculture (AG) to PD-MF-2 to allow for a multifamily development with modified standards. The request is in conformance with elements of the City of Anna Strategic Plan due to the request preserving natural areas, diversifying housing stock, and meeting minimum masonry building material requirements. The proposed use will meet the city's existing MF-2 zoning regulations with the exception to the buildings form and height. Overall, staff believes the proposed location is appropriate for multifamily zoning given existing surrounding zoning and land uses and the PD stipulations will help preserve AGENDA ITEM NO. 8B (01/06/19) PAGE 3 OF 4 environmental features of the site. For these reasons, staff is in support requested rezoning from AG to PD-MF-2. RECOMMENDATION: Recommended for approval as follows: Restrictions: The permitted uses and standards shall be in accordance with the MF-2 Multiple -Family Residential - Hight Density zoning district, unless otherwise specified herein: 1. Maximum Height: 3 story / 45 feet 2. Maximum Number of Units: 325 AGENDA ITEM NO. 8B (01/06/19) PAGE 4 OF 4 CITY OF ANNA, TEXAS (Property rezoned under this ordinance is generally located on the west side of State Highway 5, 1,420 feet south of West White Street) ORDINANCE NO. AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY'S COMPREHENSIVE PLAN, ZONING MAP, AND ZONING ORDINANCE AND CHANGING THE ZONING OF CERTAIN PROPERTY AS DESCRIBED HEREIN; PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A PENALTY CLAUSE NOT TO EXCEED $2,000 OR THE HIGHEST PENALTY AMOUNT ALLOWED BY LAW, WHICHEVER IS LESS; AND, PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City of Anna, Texas ("City") has previously adopted ordinances, rules and regulations governing the zoning in the City; and WHEREAS, the City has received a requested zoning change 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 on the west side of State Highway 5, 1,420 feet south of West White Street being rezoned from Agricultural District (AG) to Planned Development (PD) zoning; 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 Agricultural District (AG) to Planned Development (PD) zoning. The Planned Development (PD) zoning regulations limit the permitted uses and development standards of the Property or any part thereof to those permitted in the Multiple -Family Residential - High Density District, unless otherwise specified herein, as depicted in the Concept Plan on the attached Exhibit B. A. Development Standards: The permitted uses and standards shall be in accordance with the MF-2 Multiple -Family Residential - Hight Density zoning district, unless otherwise specified herein: a. Maximum Height: 3 story / 45 feet b. Maximum Number of Units: 325 B. Plats and/or site plans submitted for the development of the PD shall conform to the data presented and approved on the Conceptual Development plan. Non - substantial changes of detail on the final development plan(s) that differ from the Conceptual Development plan may be authorized by the City Council with the approval of the final development plan(s) and without public hearing. C. The Conceptual Development Plan will expire after two (2) years of approval. Section 3. Official Zoning Map The official Zoning Map of the City shall be corrected to reflect the change in zoning described herein. Section 4. Savings, Repealing and Severability Clauses It is hereby declared to be the intention of the City Council that the words, sentences, paragraphs, subdivisions, clauses, phrases, and provisions of this ordinance are severable and, if any phrase, sentence, paragraph, subdivision, clause, or provision of this ordinance shall be declared unconstitutional or otherwise invalid or inapplicable by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality, invalidity or inapplicability shall not affect any of the remaining words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional, invalid or inapplicable words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions. Further, all ordinances or parts of ordinances in force when the provisions of this ordinance become effective that are consistent and do not conflict with the terms and provisions of this ordinance are hereby ratified to the extent of such consistency and lack of conflict, and all ordinances or parts of ordinances in force when the provisions of this ordinance become effective that are inconsistent or in conflict with the terms and provisions contained in this ordinance are hereby repealed only to the extent of any such conflict. 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 2 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 28h day of January 2020. ATTESTED: APPROVED: Carrie L. Land, City Secretary Nate Pike, Mayor 3 EXHI E3IT "All 04930 02387 Abstr SITUATED in Collin Cqune;y, Tgxae, In the G. Stark 9urva , o ask fto. 790, belnq a survay of the 15.67 acrau doscribed R a deed f`rore Chrintinn Church poundution € to Va1n®y Ray Leach date oI'lill g2, 199U and in Va1.umq 1131, Page 54 of the Collin County timed Racorda, and 4 part of"" the 17.1y rse.aeh, 0 aura" deacrihC3ed in a dMOd from R. ff. Sljorle et at 4c� +7U.fnep sta dated cf o19O� 2{9 1990 and rQcordqd in 'ruluraa 1331, parg 49 of tsZaxly the Collin county �Isad Racerris, tend boxing morn Esaxtle dencribed by mates and bauhds av lollawss� sMG1Nta1}1C; at an Iran pin Hattfound by a crarner poet at tlaa Hattie, Northeast vicner or ©aid F5.Acre tract; THEtdC SQutfts3rf.yr with on gnat Lines of said 15.67 acres tract and with an old renco a" eollovn: South 1 doq. 31 min. 54 9qc_ Vogt, pin EoElnironi17.99 f9et to an iron south L deg. 49 min. 59 soe, west, 97.g9 font ato_an izva p x1 gat by a cornmr post at art att ciyrr�r of 0a11d Is' .67 acre lcrwat; THENCE South 86 doe;. 43 eniin. 01 sec. East with a North Ling of said 19.57 acre tract and with the evidence of a fanco, 194.26 feat to an iron pin sot in said tone; T11ENCE South S del. 15 min. U0 Sea. Nest, 219.46 re€tt to an iron pin set; T1tr1iCE South fJK dacj- 26 r+in. 07 Sec. Eagt, 214,09 [set to K" Iron pin met in the West R.O.W. ce S.H. 5; THENCE with tha west k.c.w. line of S.H. 4 as fcllawera South 5 d'eq. 15 min. W9st, '299.67 feet to an iron grin set; South 67 dog. 49 min. 27 sec. Eamt, 25,04 Celt to an iron pin Sat; South 5 deg, 15 min. wgvk, Z12.31 feet to an irmn ;sin Sat; ------THRVCE with a fence a9 Eallowst get; Flarth 71 deg. 40 min. 37 goc. Want, ]i3.a6 test to a nsil North 84 deg. 15 min. 34 sea, west, 349.40 taet tc a mail North a8 dqq. 13 min. 09 sac. West, 185.49 Coat to a nail` root; North 89 deq, t7 min, of gee. wqa t, paos1mg an iron pin got by a large Iran carnet'. poet at 222.83 test and continuing in all 409.93 feet to a paint in the west Line of said 17.10 acre trset in thq c*entor of 91ayter° Crawk s ��'-THVCX Rmrtharly up the C9nt9r et Staybne Creek and with thin West lino of said 1.7.10 acre tract and the 15.67 acre tract as follows! North 20 dog. 12 min. 31 sec. Lest., 221.66 rngtt North 3 deg. 37 min. 12 s+se. Caet, 5S.S1 feet; North 34 dog. 07 min. 00 ;sac. East, gs.aa teat, North 0 deq. 14 min. 33 sac. Cast, 74.02 feet; North 39 deg. 11 min. 19 sad. East, 175.Ul fast, ttorth 24 drag. 07 min, 24 sec. West, 103.64 Cast; North 47 deg. So min. 49 sec. East, 121.71 fast; florth 20 dog. 40 min. 31 ego. West, 85.1.4 scat; North 1 del. 09 Min. 43 Ono. West, 28.O4 fast; North 23 derv, 43 mire. 31 SGO. East. 76.06 east to point at the Northwest +carner of laid 19,67 acre tract; T1121tCE in are Eastarly/ direction and gionermlly with rn old fence as toilowsr South 97 derv. 09 "1n, 49 oec. East., passing an iron pin out at 91.91 riot, and raontinuinq !n all 2s3,06 teat to a trail salt; South 07 del. 33 min. 49 sac. Tart, 139.21 Carat tee a naLL set; North aR dPq. 54 min. 13 sac. 6Faet, 199.76 toot to the PrACT Of BEGINNING and r-011TnIHLNG 19.97 nareo of land. 04930 0-2388 Description 0.3417 Aare of Land UtUatfld in Collin County, Texas. in thF C. Stark Survey, Abotraot No. 798, being a rasurvey of part cif the 17,10 acres descsiho(l In a deed fro lt. M. Sfia7aley et al to Volnoy clay Leach, dzjtad October 20, 1980 and f-^_antdati in Voluno 1331, Paga 49 of the Collin County Dead Aerordat, and being described by matem and hcvads,so follewc COMMENCINO at an iron pin found at tha northeast corner of said 17.10 acra tract, in the west R.O.N. line of State Highwuy No. s; Thence Scstath 5`16'weet. 212.3 feet with the east line of said 17.I0 care tract and with raid east R.O.14. line to an iron pin found in said east line and said west R.O.W. line for a PLACE OF BEGSN1+lING, same being the eoutheaet corner of a 19.87 acre tract; Thence mouth 3' 16' west, 100.0 feet amid west R.O,W. line and with tha east Iine of said 17.40 acre tract to an iron pin not in maid Line; Thence north 77'40'37"Nest, 150.0 feet to an iron pin sat; Thence north 3*16'east, 100.0 foot to an iron pin eat in the mouth line of said 19.87 acre tract; Thence mouth 77'40'37"must, 150.0 feat with said south line to the PLACE Of BEGINNING and CONTAINING 0.3417 AM OF i.M. ova i'PGhilCh i��N,\4PC.N P�sIwsAS ko3 �,:�-.ki',1 t� �hn w iF€>ir��.f'%r1E4K=EriAwa ,G4t3�Yr ��rrxtav3 Cd V� 1tR�R+(�?"rh'f�xk ��rLJ u'��i xil li���nW Ru'?°P�s ka-_ Rolle f4L5 JUN 01. 7.pUi Fn�11 Go l , li Ai La lin L;aaun y, 199s innmy Ti( Honorable Heletk 8tarnae Guilin County Clerk 0n lun bl Ebwl at lilt 31pBi boc,Mkm : tefiHi- 0632P4 Recording11ype®01 17,00 Receipt 1t. 17420 I I \ / I / `\ II I 1 I I ___ 1 I / / I / /J I I I I I, rl I��-/////l/ I �I /II%/I�1 '\, \I / /J 11 `\\, \\--- ( I `\\\- ( I / I I // 1 I / / I ./ ' -`"\- r � - - ` - ) ) -/ I /� / 11 \\ / 1 /I ,I / \ ( \1 I \ I I I 1 1 ---> ti J I 1 _ l(/ LAHIblTB J I / / / 1 I / / l /' / / r I II I J\ 1�1\\\1� �/ / �/ �1�(l/J� / I� - `- \ \I 1 -\ _\ 1 I -,^ \ I / / I I / I \ % II 1\1 r '/ //1 I� 1 --\. \� I I I I1 / I /( // I 1 \I r��//,j,/iI J' // /�jlll,i ; I I I \�f / (1 \\ -`%-- 1^��-\ I / 1, �� / I \I I I / i /l / l / ) ) 1 f'I r(\, lIf1/- /' // / `/1I/ \ "- I \ f I I \ it 1 \� ��.- \\ ( l\ I / `\! / 1 I I \ � •-_ � / / I / i , f / 2\ r z /1 � \ \) I \ ( ) % \ / ) \ - - \ a, / 1) -- I ,/ , / , r N \\I _,, (} \ < [ I I I \ . I \ I I I I I \'-, ._r-, \ / , I 1 �f/sNl1,1i/ //r�\I\11 / ✓ ♦ \ ) t, I I \ . \\ >._l ,I __ -^_r -- I I J I , \�/ , / / I r I 1 1# -_ //�i/ - ' I l \ - � / / 1 1 r rl l (I ( ) , \ I - \ `-�,/I 1\\^--/ r _//1 1 I I \\ l/I/ - 1/ - > `\ '' ! -^- - III rl It 1\ 1 1 /\ /I \ ) I , \ 1 ,` (-_-' I J- 3 t / ii/�!, (I / / � -�.r _.s I I\ \ I / I ( \ \ �O// / //// // f \ J•� -_-_- -- \ --- Y-- -_- -1 _ ]�_-_- tea. l- _ r -r / ), I I I 1 I I \ I HARLOW LAND CO. //r I //I I ♦ S------ ------------- \ . -•- \ ) 1 1 I 1 (II, / [ /�/I l 1 / I f I I - - / \ -: � 1 , / -L - - - i , f 1 -/ I I I _ _ NO DEED INFO _ I 1 I -_-'.- I \) 1 I ZONEDSF E 11/ / /r�, 11 . i ♦ ~I ---^^ ) \\ '}•• \-- - ■ \\ I !� �_-------/I I, I I If I f 1 1 I 11 1 I}11(l \\ I 1 I ,- I I `. ■ I / I I 1 1 I (, I I ll Illr I ,\ I)//� / I" , l ( `� ' / / I \ ^I 1 / 1 f r l I ♦ -\ \\ . /' 1 I I I / J I - -J I \ r I ; I 1 I%\\\ 111 f \ I- I IIII I I I *\ l I SIMPSON, MASAND-LE \- -- �y� r I 1 I 1 I / / J - I I / I I I 1 \�,\ \\1 II1111\\ ♦ \ l 20181231001578310 1 ■ / 1 / /- / I ), I I ) I 1I I I I I 1 �\ IIIII 11 I)JI)II 1 � I 0 \ \ ZONED SF-1 ,.� J ■ f ( 1 \ I \.- /_ I/ 1 I I I I 1 !• 1 I r I I II I ( ,/////( -, ♦ (" \ \ \ I__---------- / ■ �/ ) I 1 < I I � ' I / IIIII // / N \ \ , • / / I I / + I -=- I I I II I / 1 ) I/ / , /j//II 1//IIIII r . / `\ � ) / /-- - \ I ; / ,' ' / ![- - , 1\ -` ( I I �I I I I /I/ / , I/I = N/llf 1////41///l� ; END OF I \\\ (1 \ 1 / > f/r~ < / S- i I ■_ // / / `\ I 1 I I I, I r I ) / .I� �1/l ) - Ill4//l/ 1I,; � WALL, ; \ -� \ /.• SCREEN I ' / / !- �'-- -c ( ` 6 I S rr•► �.' !I/lII , \\ \ ) -_r APPROX. LOCATION 1 /' / (� I I ii ' � // l i I I i / / �` \ ( ��' ( , ;1 I I I I \�� \1\ / o�' ///-*, . 1, yI\ [ r \ .WALL \/ _�, OF 15 SANI_TARY - I /_' l ill } ) 1 I'll, III / \ I \ �- - I I I -, k II t / I I I I I I 1I - - 11 w,- I \ I l l I t> , ) SITE INFORMATION 1 / I / ZONING: PD-MF-2 / LAND USE: MULTIPLE -FAMILY RESIDENCE LOT AREA: 906,044.44 SQ. FT. / 20.799 ACRES BUILDING HEIGHT: 3 STORIES BUILDING HEIGHT: 45' MULTIFAMILY UNITS 300* PARKING SPACES 692 _/ - \I I ) \ I I 1 ; I I I I ) 1 / II 1 / / ,1 I ( I I' I 1 I Ill 'I I ,�h ti CO l N'- - / 1 / 11 • i�/1 / ?ik S87 09'17"E 277.61' ) S87° 41' 22"E 139.19' 25' SETBACK \ J t - - i - L - , / / I \ \ �-; --- N88° 50, 10"E 198.90'- I-/ -/ �' / _ - ,' SEWER EASEMENTI , , ,/ , - --- - •\� - [ ` \- r \ - - r \ 1 ` \ . VOL. 4333 PG. 2028 / (-\---( - \ / / \ , ( c / � �I -\ / - � ^ 1\ 1 I -�, . _ � I I to I 1 I I I , I I I� II �.N ^ j�� \ y <% - - --/ 1 - I L 1 - / - / Ir rr--,) / I - r / / ✓-•- - / - l I \ r` l- \ \mil ( i 1 l I II! ry /t \, r ; 1 \�-_ \1 , _ 1 I _ -• I I I / / , l J I c.. / I I \ J I ) ,- -\\ 1 \ \ \ , � 1{j' J., \ \\ » cs` �\\� -) \\ t �'-�•r-.�lll t /�1i/ N ` \ _ _ I /� / / \! ........ 1 , 1 /, // ) `� >ts -- _.. '/././�........... t I _-. . r Ir // \ I \ I� / - -- .y/ I I I I I / 1 I / f /J °'- WRANGER, ROGER VOL.2801,PG.151 ZONED SF 1 / PREMIER PAWN TEXAS ADDITION 20091023001301180 / /f\ [, ZONED ) r I \ \, \ I �,�--�_� I I / I -- I / 1 , \ r I t(ll / / / ( I / , `\\ N \ 1 r//�� �\\--��,,, "z �I //-- (y`• I/ -Y•.•. I �r ., I o > �.� `v / 1 [\ CHEN, CHIH YUAN ♦ / . / �L \ - /-"-*�� :e.9 v / / • • f 1 l _ ^ I / LOT43,BLOCKC 1J r- ' r�I��\\\ 1 \\_e l i-,oio- �`I \/�, - / /' .. -... / . r I' �`- \ r\ _/ I I / I \\ \ , \ \ ; - ,/ -Ilr -- 'I>,." I .. _ , yt 1 EXISTING DRIVEWAY \ I I zo11oa1a000slzsao ( - _ 1 ? ! 1 ` \ \ / r ^ \ , \ / .�`� w h / \ \ \ -) Irr -1 - 1 501 ' 46' 09" W 98.40' / MCLITTLE ENTERPRISES 1 - - \ \ / -- - -/ VICINITY MAP _ \ 1 9' i (rn / -\� _ �U I \\<r r \ / i.'.' / I / 20100909000952330 / \ I , 1 I / \ ) \ \ \ \� .�_,C - :l/ 0, i�..�_'��/.:�/l14 / \ \ /... / I r ( ZONEDC-1 r I ZHANG, YAOI r \) \ \ I "+� /�rO, ..,\r,-I \ / Ir \ �� r' ^ se � ) ' .'.'.. / '/' ' / ( FIRST APOSTOLIC CHURCH - . I I \ S r N.T.S. (a► .� I1 1 / I/ .< I/ \ / / / r I LOT 42, BLOCK C r I I \ 1 ( / .) 1, \ / r BLDG 2 � '.. •.• VOL. 4531, PG. 810 \ r I , � - / / ^ \ \ NORTH _ Y z0140805000830420 \ f /III � � � //, ��), � 1 G / / \ I J 0 - _ 1 I .. / .. ZONED SF-1 \ I `T (/ I r / ! r, -\\ I C \ I / - / 1 ,\` 1 , I 1 ) 1 I / / 1 I 1 / I t r I 1 I -' -/ - - - \ , 11 w 1 I , \ 1 I6, /- `-,,\(� /' �/1/-//-y I / I . •/• / / I J \^ II Ill `1 I I \ / / �\-r, . J l ) \,IIY(�It 0. � /�I �`�') / 1..'." / .... - \\ - - I +I i 1 �\ /r / � /1 (�) \ \ 1 1 / \h1IT\ ray p. , 1 / .... r. \ 1 _�� / I \ r \ -. /�'6r0 / i J r............ / , ... 1 � / S86° 46' 45"E 194.25' - 1 \ e \ r -- , / yJ 11 t / 1 1 WORTHA I DJ -I I ) 1r1\�\, /- y/-1 / I \-, _ ... L....... I ............ ......., .... / ... / I 1 1 - LOT 41, BLOCKC \-%\, 11/ .(. / c• I I ... I......I......j............. ..J .I /-ai•---- -- ----- I I M-f ) I I < 1 1 20181003001236920 N 08' 39' 36" E 19.12'► /i�'� / / I I / - - 1 I 1 1 I / '- / I I 1� \ I I l 1 ..I.. � ............ ,) 1 / I 1 \ I 1 t/ -/ / , 1l\ 1/ [\/(♦ I I , (....!....... _J -- ,� 1 rJ ♦ l / 1 I 1I l I 11 I / 1 \ (\ - - _ _ - - - 1 DUNNAHOE, ROSY ( I I '\ 1 q \ \ \� \ I ( I \ tJ... \ t ... I ...\I. I .. _ .............._ ...s \ - `It/ �I / ♦ 1 ( < 1 1 v ) \ _ _ - _ 1 LOT 40, BLOCK C ■ \ t\\\y I / ., .. \ \ i .. ` - \ - --,'fit. / l _. r . . 20180321000341580 iN 31 ° 35' 09" W 102.28' \ \ \I 1 1 / \ ( \, \ .... 1 \ ►\ \ - I �'%� ) / I 1 1 \ \ - ( I -I / - - - 1 ( / / /� I ) ' U\/" \ \ \\\\ \ I /.'.'.' BLDG 1 BLDG 3 .".i. Fo � / 1 i 1 1 / 1 - I I 1 I 1 / r I 1 ( ) I l / I , II I .. . "i. _ - MCBROOM, FLOYD >. �� - \ ) 1 1 ) I l - / ' / / 1 ` 1 / , l r / / IIII Idl 1 ♦ . a . - - - - - - - VOL. 92, PG. 0064922 ` - \ ^ I / t I / / / lift \ 1 ../.'.' 1 \ X.'.' rn 1 . ♦ , - / ( ___ _ // \ / / I \ _<•• ZONEDC-1 I - , %, I , - /� r / /I III 1 11 ,........ \'. \ I \ \ �I \ /v '♦ - I 1 (" I I \ -/ _ - v - -- /,^---------- 1, I _ -' - /� / I I J , / I /IIII //> 1 I `........ y\ �,� " \ ...\ , .1..1-`� - \ , 1 \ l 1 ! I / - - / I I / / / I 1 // ./ // // .......... I � / , .".".I.. ` .'I. / - 0) _ _ ' ^ r, J 1 I 1 \ � �- - </---'�--(- -„/ / I. r / ( I /// J/ /( 7' I Ir'.'. 1 ♦ / l ♦ \ 1 - _- •' "\_ o v\ 1 �0 ♦ ( ♦ I 1 I 1 \ , - / 1 •. / . // i t / \• y� \ -�. . I... BLDG 4 - - - -. / / \ - / 1 1 /' / ( > \ \ ( I /.' / :' - - \ \N 36° 42' 08" E 78.59' / f jf�J 1) J........... • APPROX. LOCATIONS .......... �...... / �t \ \ I . \ - - _ ^ _ . •- r , r) ) , I / / 1 / - /,// �- - 1 11\ I_" /,/ , ............... , ...................../... BLDG5 \ \ ^> �./-% r 1 �^ - t -- ////Oii�_y_�` ,�I �" I 1 II ,111� r //(�I/ /.......... �OFFEMA100YEAR ,► ( . L.I n \ t -/' / \ / I I I �- \_� \ --_ \ - \ ,, / _ -I \- / I , I�/ll \ I �........ FLOODPLAIN 't '\ I o END OF I-/ ,- - -- r- - \ r y .,\ _/ I/ II/ C I 1 II -1' ._,_ - --` - /(n --\ ■ /��_ - \ , l , ,�',/. /� /r /7•/� ) 1 r \� - `3 WALL a / -, / --/ , , I [ /-\-\ , \'-- I. HONG,DONGHUI .,*, N48°06'46"E65.17 `` j _/^, 11 ,/ �� \ I y". ( /- o \ r- 1 . --/'-\ - ,ram r> ��l ,II 1 \ I 1 LOT 39, BLOCK C // -' /I r / 19 ` ./ /7Y / I / I ` r / . � . ♦ , Y / - .\ ` / / -J I I u /. �♦ 20150929001237110 ��\.�I/� I / J / I/ I /,CII �L \ / , / I I I♦ \� l '.'I. - ,/, -.r- \ ♦-.-.,� I i..--� _�, _ \` / / / , / ( ( / �\ �I rr,l // ff I`. ► i` ` -' I 1J / I AMENITY ... t_ \\ \ \ s --'� -,, \ -f \ I I / I I I I I 1 /� ` - ��\, � -\�i`i l l �(r t\I I I I // \ � /I11 / % (` CENTER'. %♦ , - S86° 30' 57"E 174.00' ` / I ram' r' I ' � r j 1 I I / 1 I I 1 \\\\� \ t♦ ar -� �II��\�/ 'i'� ,II /S \ I I h I �/ .-\� ' If\I �• a••- /. t -.I I" J i I 1 - `-_- / I 1 ( II I III ��\\\ �\\_!- , r 1 / r I/1, 1 , 1 /i-+> Ill / \ �• I -� I y ■ ) . -_r) , /� \ \ , - r " ` / 1 I 1 III ��� �' - �` 1 �� N 03_ 25' 37" W 80.29' II , 1 1 11 t I � \ / �� j /�// / I I I I i I I /I \, \ ` \ - . .. - i� , I - - 25' SETBACK( 52 5, �0„ W 96� 3:ml ■ ' �>• ■ ■� -■ N ■ l J - l \\ I I / P ` BLDG 6 /- 1 ' / SWACCHA LLC - I I / _/ 1 /' \ 11 - I I\ ..-�J III J \\I-_\\��\\\� _ _ I )I I l - / /J/ ( / III /\ f r` - \ �1� co♦ / I r I1 I / /' I , a_ ♦ /// I 1 i \\\1\ I\„( �`\ I. 'I \11(Ir, k 1 I I, %��z //i/ l ♦ 11` I I ` I ` ♦• • II ( - \� -"".tip pS\1r s I I = I _/ :r // / �) ,/ � I- r--- - �` ,-> ' i' -'-%'. ( �: \ I \\����\�� ,IIi\f\� , 6>' (��\` \ti�11 I I i I//j')l�l/r� I�!-' �\ �J"�`��\(\ 1\� I APPROX.LOCATION� �� ai I I -i .././ ,��� ��A�R\ o ♦ , I / r/ / / 20190218000166800 �.. 11 ( I \ <_ r' I , \\ / lli�/-I / ��. \\ 1 l yr���//� tl�� ♦ ♦/ _ \/ �I( / I r �\ \ OFFLOODPLAIN , I / y\ I \ �7/ - \� -- `\=i \\1 I i .r -' -/' ZONED SF-E / \1 - / -) / / II w . I / \ ♦ \ / . I - J �i\� �` 1. �,- i' \/[. \ \ \ /r t _ �� -c - \\\V, • .1 / - Ii \, \ _ /- ) / / i / \ \...� IIl I^L�//I I I IlI/I('�\\\III\ I) /jam �>li\\\`,/���\\\\ \ �UPONRECLAMATION \�-�� ...\.. //'- \_/ ,\ 1 •,•\ \ ... i^ �/ (/♦ r `� I - - / \ \ o \ _ ter/ r _/ _ \\ r� r((\ r/ // ,l - I , / Il/ \ I �j /I \ n - /J ! I / ' / I / \ \ /r-- /_.---\ v,r ,`- / / ' /J \ \ (I\\ I - If /I 1 I ►( (I I11 ! l#1 \7` \- i-.\�0\ � a - ` \-, / �� r^ / ( / : /� `I \ \ 1 \%\, ( 1 Il /iS �l I I I \J \ \\��\ 1 I It// \�\- &--- 1 11\\\\ \{ I \ I � / - ;�.1 / / \ \ \, If , .. \v �\ ^:� ♦ --♦ , / //r _ r (.. 1 / I/ 11 I / ��, % 1k �_ /-\` .. . . . I 1 III II I III I I I 111 I 11 I II I I I If 111 I , 1, )r it BUILDING INFORMATION I (1 � 1 BUILDING 1 3 STORIES/36 UNITS BUILDING 2 3 STORIES/36 UNITS I BUILDING 3 3 STORIES/24 UNITS BUILDING 4 3 STORIES/24 UNITS BUILDING 5 3 STORIES/24 UNITS 1 , BUILDING 6 3 STORIES/24 UNITS / BUILDING 7 3 STORIES/36 UNITS BUILDING 8 3 STORIES/24 UNITS BUILDING 9 3 STORIES/24 UNITS ,) 11 I;� BUILDING 10 3 STORIES/24 UNITS \� BUILDING 11 3 STORIES/24 UNITS I l� , \ TOTAL # OF UNITS: 300* * PER PD STIPULATION, TOTAL NUMBER 1 OF UNITS MAY NOT EXCEED 325. --, 1 I I if i 1 I I 1 / j I I I I I I I' I I / 1 I I I I I I I I I I ( - I / 11 1 I I I I I I 1 / I I I I I I I ,, -I I I 1 1 I I I( rr % I III �I) 1 0 \- '-^ ! rJ I I �/ ) I r /' \\ \\ \\\0 ,�)I1, I -► ^1\\\ `� \ 1 11,�\-1' I\6 - /,III\I 911 \ -,�� \ // \II /. 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CCR000 FILE PATH J:\USERS\DKALHOEFER\DON COLLINS\ANNA 21 ACRE -MULTI -FAMILY TRACT DRAWN BY MRB REVIEWED BY DAK DATE NOVEMBER 7, 2019 DATE REVISIONS NOVEMBER 25, 2019 60' SB AGAINST SF RES DECEMBER 12, 2019 ADDRESS ADD'L COMMENTS NORTH 0 100, 200' 300' GRAPHIC SCALE OWNER ANNA 21, LLC. 2705 CLUB LAKE TRL MCKINNEY, TX 75070 PLANNER / ENGINEER PELOTON LAND SOLUTIONS, INC 11000 FRISCO ST SUITE 400 FRISCO, TX 75033 PHONE: 469-213-1800 1 - /t\J r 1 III I (\ 1 \ I I I I I\ 1 I ( II , , I I , I` I I,fr / f I I I I I I� I I\ I I I I I I / I I I I ( ,-\ / I III 1 I \ - I ) , , I 1: I I LEGEND ■■■■■■■■1 BOUNDARY LINE MAJOR TOPOGRAPHY FEMA 100-YEAR FLOODPLAIN EASEMENT EDGE OF PAVEMENT BUILDING OUTLINE ZONING BOUNDARY PARCEL LINE MINOR TOPOGRAPHY POST - - - - ' RECLAMATION FLOODPLAIN O PROPERTY SETBACK PROPOSED FIRE LANE PROPOSED DUMPSTER LOCATION WATERVIEW LOT 1, BLOCK A CONCEPT PLAN BEING A 20.799 ACRE TRACT OF LAND LOCATED IN THE G STARK SURVEY, A-798 SITUATED IN CITY OF ANNA, COLLIN COUNTY, TEXAS CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE WATERVIEW, BLOCK A, LOT 1 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, Anna 21, LLC has submitted an application for approval of the Waterview, Block A, Lot 1, 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 Waterview, Block A, Lot 1, concept plan attached hereto as Exhibit 1. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 28' day of January 2020. ATTEST: APPROVED: City Secretary, Carrie L. 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II / I -/ / / / / - f\ ,, ^ \ J -- \ --' \----/\ / f ■ \, /` - _ - )IJ I / / / f r ) ( IIII \ 1\\\� \ 1 \ I / rJ / I I / / f I -, < \ I I ) I J \ ( / `' r --v- -_-. - I ■ -' � .# �1--- PROJECT NO. CCR000 FILE PATH J:\USERS\DKALHOEFER\DON COLLINS\ANNA 21 ACRE -MULTI -FAMILY TRACT DRAWN BY MRB REVIEWED BY DAK DATE NOVEMBER 7, 2019 DATE REVISIONS NOVEMBER 25, 2019 60' SB AGAINST SF RES DECEMBER 12, 2019 ADDRESS ADD'L COMMENTS NORTH 0 100, 200' 300' GRAPHIC SCALE OWNER ANNA 21, LLC. 2705 CLUB LAKE TRL MCKINNEY, TX 75070 PLANNER / ENGINEER PELOTON LAND SOLUTIONS, INC 11000 FRISCO ST SUITE 400 FRISCO, TX 75033 PHONE: 469-213-1800 1 - /t\) r 1 III I (\ 1 I I I I I I I I ( IIII , , I I , I\ I / ( I I I I I I'\ I I\ I I I I I\ 1 / I I I I! I. I ,-\ / I III ) 1 I \ �•-I ) I / I C I I I LEGEND ■■■■■■■■1 BOUNDARY LINE MAJOR TOPOGRAPHY FEMA 100-YEAR FLOODPLAIN EASEMENT EDGE OF PAVEMENT BUILDING OUTLINE ZONING BOUNDARY PARCEL LINE MINOR TOPOGRAPHY POST — — — — - RECLAMATION FLOODPLAIN O PROPERTY SETBACK PROPOSED FIRE LANE PROPOSED DUMPSTER LOCATION WATERVIEW LOT 1, BLOCK A CONCEPT PLAN BEING A 20.799 ACRE TRACT OF LAND LOCATED IN THE G STARK SURVEY, A-798 SITUATED IN CITY OF ANNA, COLLIN COUNTY, TEXAS THE CITY OF AiAtia AGENDA ITEM: Item No. 9. City Council Agenda Staff Report Meeting Date: 1 /28/2020 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: This item was discussed at the January 14, 2020 City Council Meeting and was tabled. Staff is bringing the item back for discussion/consideration/action. 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 - Solid Waste Contract 1/23/2020 Resolution 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 .._� THE CITY OF AiAtia AGENDA ITEM: Item No. 10. City Council Agenda Staff Report Meeting Date: 1 /28/2020 Consider/Discuss/Action on accepting the resignation of a Council Member. (City Manager Jim Proce) SUMMARY: STAFF RECOMMENDATION: