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2024-07-23 Work Session & Regular Meeting Packet
AGENDA City Council Work Session Tuesday, July 23, 2024 @ 5:30 PM Anna Municipal Complex - Council Chambers 120 W. 7th Street, Anna, Texas 75409 The City Council of the City of Anna will meet in a Closed Session on 7/23/2024 at 5:30 PM, in the Anna Municipal Complex - Council Chambers, located at 120 W. 7th Street, 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). b. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov’t Code §551.072). c. Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov’t Code §551.087). d. Discuss or deliberate personnel matters (Tex. Gov’t Code §551.074). 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. 4. Adjourn. This is to certify that I, Carrie L. Land, City Secretary, posted this Agenda on the City’s website (www.annatexas.gov) and at the Anna Municipal Complex bulletin board at or before 5:00 p.m. on 7/19/2024. ____________________________ Carrie L. Land, City Secretary AGENDA City Council Meeting Tuesday, July 23, 2024 at 6:00 PM Anna Municipal Complex - Council Chambers 120 W. 7th Street, Anna, Texas 75409 The City Council of the City of Anna will meet on 7/23/2024 at 6:00 PM in the Anna Municipal Complex-Council Chambers, located at 120 W. 7th Street, to consider the following items. Welcome to the City Council meeting. If you wish to speak on an Open Session agenda item, please fill out the Opinion/Speaker Registration Form and turn it in to the City Secretary before the meeting starts. 1. Call to Order, Roll Call, and Establishment of Quorum. 2. Invocation and Pledge of Allegiance. 3. Neighbor Comments. At this time, any person may address the City Council regarding an item on this meeting Agenda that is not scheduled for public hearing. Also, at this time, any person may address the City Council regarding an item that is not on this meeting Agenda. Each person will be allowed up to three (3) minutes to speak. No discussion or action may be taken at this meeting on items not listed on this Agenda, other than to make statements of specific information in response to a citizen’s inquiry or to recite existing policy in response to the inquiry. 4. Reports. Receive reports from Staff or the City Council about items of community interest. Items of community interest include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen (but not including a change in status of a person's public office or public employment); a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the Agenda. 5. Work Session. a. Discuss creek channel erosion in Northpointe Crossing subdivision. (Assistant City Manager Greg Peters, P.E.) b. Receive an update on the Anna Community Library project and review preliminary plans for staffing and operating the facility. (Director of Neighborhood Services Marc Marchand) 6. Consent Items. These items consist of non-controversial or "housekeeping" items required by law. Items may be considered individually by any Council Member making such request prior to a motion and vote on the Consent Items. a. Approve City Council Meeting Minutes for July 9, 2024. (City Secretary Carrie Land) b. Review Monthly Financial Report for the Month Ending June 30, 2024. (Budget Manager Terri Doby) c. Review minutes for the May 20, 2024, and June 17, 2024, Parks Advisory Board Meetings. (Director of Neighborhood Services Marc Marchand) 7. Items For Individual Consideration. a. Continue a Public Hearing/Consider/Discuss/Action on an Ordinance to rezone 20.5± acres located on the west side of N. Powell Parkway, 730 ± feet south of CR 373, from SF-E Single-Family Residential - Large Lot to Multi-Family (MF) & Regional Commercial (C-2). (Planning Manager Lauren Mecke) b. Consider/Discuss/Action on a Resolution approving the Anna 23, Concept Plan. (Planning Manager Lauren Mecke) c. Conduct a Public Hearing / Consider / Discuss / Action approving an Ordinance adopting sanitary sewer utility rates for FY2025. (Budget Manager Terri Doby) 8. Closed Session (Exceptions). Under Tex. Gov't Code Chapter 551, the City Council may enter into Closed Session to discuss any items listed or referenced on this Agenda under the following exceptions: a. Consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov’t Code §551.071). b. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov’t Code §551.072). c. Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov’t Code §551.087). d. Discuss or deliberate personnel matters (Tex. Gov’t Code §551.074). The Council further reserves the right to enter into Executive Session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. 9. Consider/Discuss/Action on any items listed on any agenda - work session, regular meeting, or closed session - that is duly posted by the City of Anna for any City Council meeting occurring on the same date as the meeting noticed in this agenda. 10. Adjourn. This is to certify that I, Carrie L. Land, City Secretary, posted this Agenda on the City’s website (www.annatexas.gov) and at the Anna Municipal Complex bulletin board at or before 5:00 p.m. on 7/19/2024. _______________________________ Carrie L. Land, City Secretary Item No. 5.a. City Council Agenda Staff Report Meeting Date: 7/23/2024 Staff Contact: Gregory Peters AGENDA ITEM: Discuss creek channel erosion in Northpointe Crossing subdivision. (Assistant City Manager Greg Peters, P.E.) SUMMARY: The Northpointe HOA has requested the City to analyze the concerns they have regarding erosion of the drainage channel located on HOA property. Staff provided a memo to the City Council regarding the item, which is attached as Exhibit A. This presentation will provide additional information regarding the analysis, and a staff recommendation for a partnership between the City and the HOA to address the erosion. FINANCIAL IMPACT: None at this time. However, if a partnership agreement is entered into with the HOA, there will be project costs. BACKGROUND: Northpointe Crossing Subdivision is located in the northern portion of the City of Anna, east of State Highway 5 and south of County Road 1106. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Resilient. ATTACHMENTS: 1. Memorandum 24-123 Northpointe Crossing Drainage Channel Erosion 2. Workshop Presentation - Northpointe Drainage Memorandum Memorandum No: 24-123 Date: June 21, 2024 To: Honorable Mayor and City Council From: Ryan Henderson, City Manager Re: Northpointe Crossing Drainage Channel Erosion _____________________________________________________________________________________ Earlier this year the City of Anna met with the Homeowner’s Association (HOA) President for Northpointe Crossing regarding concerns related to the existing drainage channel which traverses the neighborhood. The drainage channel was constructed by the original developer of Northpointe, which re-routed an existing creek into a new earthen channel with a different route. Anytime an existing creek is altered, there is an inherent risk of the creek banks moving over time, as the natural flows of water interact with the man-made alterations. When homes and private property are located very close to the creek, this can result in loss of land and potential negative impacts on the adjacent property, structures, and quality of life. The drainage channel is located entirely within a drainage easement located on an HOA lot, which is owned and maintained by the Northpointe Homeowner’s Association. Stormwater enters the channel from the surrounding residential neighborhood and from a large culvert system underneath County Road 1106. Approximately 35% of the total stormwater flow in the channel is from Northpointe Crossing, while the remaining 65% of the stormwater flow is from off-site properties north of County Road 1106. In the recent past the HOA installed a temporary irrigation system between the fence line and the drainage channel. The remnants of the system may be seen in the attached site photos. It is our understanding that the purpose of the system was to establish vegetation, in the hopes of preventing further erosion. At the request of the HOA President, our licensed engineering staff have conducted an analysis of the drainage channel to provide a better understanding of the history and status of the drainage channel. This memo is intended to provide the City Council with the history, background information, and findings of staff’s analysis. Based on a review of the record drawings, on the ground observations, and aerials from pre- and post- development, the man-made channel construction appears to have included the following alterations to the existing creek: • straightened sections of the existing creek • sharpening the angle of a natural bend in the creek • steepening the slope of the channel banks to narrow the channel These changes may have been made to increase the number of buildable lots in the neighborhood. It is important to note that the channel construction did not appear to include the following items which are commonly used to stabilize the banks of open drainage systems and protect against erosion: • irrigation of the top of bank to preserve vegetation • planting of erosion-resistant plant species, like certain species of juniper, jasmine, muhly grass, gardenias, and others • installation of armor in channel bends and areas of steep grade, including gabions, grouted rock rip-rap, and concrete retaining walls Without adequate vegetation or permanent armoring of the banks, over time the flowing water has visibly eroded the banks along multiple sections of the channel. The steep channel bend is one location where the creek appears to be pushing the banks toward their pre-development alignment. In some locations, the top of bank has moved very close to fence lines. It is likely that the erosion will eventually result in the loss of residential property and fencing in the future if the banks are not stabilized. Unfortunately, the temporary irrigation system installed by the HOA does not seem to have been effective in preventing further erosion. Temporary low-cost improvements could be made along the channel to slow the erosion and possibly stop erosion in targeted areas where it is of greatest risk to the adjacent residential properties. However, it is the opinion of City staff that a long-term solution can only be accomplished through the implementation of a major construction project. In an effort to determine the cost implications of such a project, the City sought a proposal for engineering design of a permanent solution. In April, the City received a proposal from GEI Consultants, Incorporated. GEI was selected by the City during the multi-disciplinary Request for Qualifications process as one of the pre-selected consulting firms for drainage projects. GEI provided the City with a proposal for the surveying and engineering design services necessary to produce construction plans for a permanent solution. The total cost of the proposed design services is $226,361. Staff has shared the proposal with the HOA President for his review. Based on the proposal, staff has extrapolated a potential construction cost of $1,500,000 - $1,750,000 to construct the improvements if the design is completed soon. This brings the total project cost to approximately $2,000,000. As you are aware, the City adopted Ordinance 971-2022 on April 12, 2022, establishing a Stormwater Utility for the City of Anna in 2022. A copy of the ordinance is attached for your information. Currently the Stormwater Utility rates are $3.20/month/single family residential property. The rate for commercial properties is $10.94/acre. The utility generates approximately $350,000 per year in revenues, which has primarily been spent on in-house maintenance projects across the city, including culvert repair/replacement, bar ditch grading, replacement of headwalls, and minor erosion control projects within public rights-of-way and at road crossings. The city ordinance includes specific information regarding the responsibilities of both the City and landowners, including Section 12.09.008, which in part, states: a)The establishment of the drainage utility by the City does not relieve users, private landowners, developers, other individuals or entities from responsibility for providing drainage improvements in connection with land development pursuant to the other ordinances of the City or laws of the State of Texas that relate to flooding, drainage, drainage management, or drainage improvements. b)The establishment of the drainage utility does not imply or warrant that a benefitted property will be free from flooding, pollution, or stream erosion. The City makes no representation that all drainage problems will be remedied. This ordinance does not create additional duties on the part of the City or create new liability or remedies for any flooding, stream erosion, deterioration of water quality, or other damages. Nothing in this ordinance shall be deemed to waive the City's immunity under law or reduce the need or necessity for flood insurance. The HOA President has indicated to City staff that he is interested in a cost-sharing proposal to design and install erosion protection for the channel. Since most of the stormwater entering the channel is from outside of the neighborhood, City staff finds that the channel does function as a public stormwater conveyance system which benefits properties outside of the Northpointe Subdivision. Based on that finding, staff finds that a cost-sharing agreement would be both reasonable and prudent. However, staff’s primary concern regarding any solution to the erosion problem is the high cost of a permanent solution. The current stormwater utility revenues are not sufficient to provide even a 50% funding match for the project. It also remains unknown to the City what the financial position of the HOA is pertaining to project funding. However, it is likely that a 50% match would not be feasible for the HOA to provide either. There are several options which could be pursued to address the cost concern. The project could be divided up into multiple construction phases during the design process. This would allow for permanent solutions to be constructed in the areas with the highest risk of causing residential property damage. Another option would be to install temporary solutions which would provide a near-term solution which could last 5+ years, but which would eventually need to be replaced with more permanent improvements. The cost of near-term solutions has not yet been fully explored. Staff is planning to provide the City Council with a presentation during the workshop portion of an upcoming City Council meeting once the costs of a short-term solution can be determined. We will be seeking feedback and direction from the City Council on project scope, appropriate funding levels, and the potential partnership with the HOA. Attachments: Exhibit 1 – City Ordinance 971-2022 Exhibit 2 – Aerial imagery and site photos c: Greg Peters, Assistant City Manager Taylor Lough, Assistant City Manager Wes Lawson, City Engineer Clark McCoy, City Attorney Carrie Land, City Secretary Management Team CITY OF ANNA, TEXAS ORDINANCE NO. q 9 I -gDav2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, AMENDING THE ANNA CITY CODE OF ORDINANCES TO ADD A NEW ARTICLE 12.09 TO CHAPTER 12 (UTILITIES), SAID NEW ARTICLE ESTABLISHING THE CITY OF ANNA' S DRAINAGE UTILITY SYSTEM AND ITS SERVICE AREA; DEDICATING CITY ASSETS TO THE DRAINAGE UTILITY SYSTEM, AND ADOPTING RELATED REGULATIONS; PROVIDING FOR EXEMPTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER AND AN EFFECTIVE DATE. WHEREAS, the City of Anna City Council (the "City Council") finds that to protect the public health and safety from loss of life and property caused by surface water overflows, surface water stagnation, and pollution arising from nonpoint source runoff within the city; and WHEREAS, the City Council finds that funding for improvement of the existing drainage system and construction of future drainage projects is best funded by users of the drainage system on a prorated basis; and WHEREAS, the City Council desires to establish a municipal drainage utility system and this ordinance is adopted for that purpose pursuant to the Texas Local Government Code, Subchapter C, Sections 552.041. et seq., as amended; and WHEREAS, the City Council finds that pursuant to the Local Government Code, Section 552.045: a) it will establish a schedule of drainage charges against all real property in the service area subject to charges as permitted by Subchapter C, Chapter 552, Texas Local Government Code, subject to any exemptions as required or permitted by Subchapter C as set forth herein; b) it will provide drainage for all real property in the service area on payment of drainage charges, except real property exempted in accordance with Subchapter C; c) it will offer drainage service on nondiscriminatory, reasonable, and equitable terms; and d) notice as required by Subchapter C has been provided and a public hearing has been held; and WHEREAS, the City Council finds that certain persons and entities shall be exempt from the rules, regulations, and charges imposed by the new 12.09 (Drainage), of The Anna City Code of Ordinances; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: SECTION 1. The recitals set forth above are incorporated herein as if set forth in full and The Anna City Code of Ordinances Chapter 12 (Utilities) is amended to add Article 12.09 (Drainage), to read as follows: CITY OF ANNA, TEXAS ORIDINANCE NO. Page 1 of 7 Exhibit 1 ARTICLE 12.09. DRAINAGE See.12.09.001 Definitions. Benefitted property. An improved lot or tract to which drainage service is made available under this article. City. The City of Anna, Texas. City council. The city's governing body. Cost of service. As applied to the drainage utility system service to any benefitted property: a) the prorated cost of the acquisition, whether by eminent domain or otherwise, of land, rights -of - way, options to purchase land, easements, and interests in land relating to structures, equipment, and facilities used in draining the benefitted property; b) the prorated cost of the acquisition, construction, repair, and maintenance of structures, equipment, and facilities used in draining the benefitted property; c) the prorated cost of architectural, engineering, legal, and related services, plans and specifications, studies, surveys, estimates of cost and of revenue, and all other expenses necessary or incident to planning, providing, or determining the feasibility and practicability of structures, equipment, and facilities used in draining the benefitted property; d) the prorated cost of all machinery, equipment, furniture, and facilities necessary or incident to the provision and operation of draining the benefitted property; e) the prorated cost of funding and financing charges and interest arising from construction projects and the start-up cost of a drainage facility used in draining the benefitted property; f) the prorated cost of debt service and reserve requirements of structures, equipment, and facilities provided by revenue bonds or other drainage revenue -pledge securities or obligations issued by the city; and g) the administrative costs of a drainage utility system. Drainage. Bridges, catch basins, channels, conduits, creeks, culverts, detention ponds, ditches, draws, flumes, pipes, pumps, sloughs, treatment works, and appurtenances to those items, whether natural or artificial, or using force or gravity, that are used to draw off surface water from land, carry the water away, collect, store, or treat the water, or divert the water into natural or artificial watercourses. Drainage utility. The drainage utility established under this article in accordance with Subchapter C. Drainage utility system. The drainage system owned or controlled in whole or in part by the city and dedicated to the service of benefitted property, including provisions for additions to the system. CITY OF ANNA, TEXAS ORIDINANCE NO. Page 2 of 7 Equivalent Residential Unit (ERU). An area of impervious coverage on an improved lot or tract that is generally equal to the average impervious area on a single family property in the City limits, calculated as 3,600 square feet. User. The person or entity who owns or occupies a benefitted property. Impervious Cover. Impervious area for the purpose of the SDUS charge, defined below, means any surface or subsurface of benefitted property including, but not be limited to, roads, parking areas, buildings, roofs, pools, patios, sheds, driveways, private sidewalks, compacted subgrades, compacted gravel used for vehicular traffic and/or parking, and other impermeable construction that does not readily absorb water and has the effect of increasing water runoff flow rate or runoff volume that drains to the drainage utility system. Improved lot or tract. A lot or tract that has a structure or other improvement on it that causes an impervious coverage of the soil under the structure or improvement. Surface water drainage utility system (SD US) charge means the total monthly drainage charge for a benefitted property as calculated under this article and the schedule of charges adopted by the city council, as may be modified from time to time. oily sufficient and privately owned drainage system. Land owned and operated by a person other than a municipal drainage utility system the drainage of which does not discharge into a creek, river, slough, culvert, or other channel that is part of the drainage utility system. Sec.12.09.002 Establishment of drainage utility. The provisions of Subchapter C, Chapter 552, Texas Local Government Code ("Subchapter C"), are hereby adopted to create a drainage utility for the city. Accordingly, drainage of the city is hereby declared to be a public utility. The city incorporates into the drainage utility system all existing property, facilities, materials, and supplies constituting the city's drainage utility system on the effective date of this article. All future acquisitions by the city of real or personal property used in the city's drainage utility system shall be maintained as a part of the drainage utility. Sec. 12.09.003 Service area. The service area for the drainage utility shall include all real property within the city limits of the City of Anna as now existing and which may be annexed hereafter from time to time. Sec. 12.09.004 Calculation of drainage charges. a) The city council finds that: 1) impervious cover increases water runoff and associated pollutants: and CITY OF ANNA, TEXAS ORIDINANCE NO. Page 3 of 7 2) rates charged shall be based on a benefitted property's impact on the drainage utility system; and 3) it is fair and equitable to calculate the impact and assess the drainage charge to each benefitted property based on impervious cover, subject to the limitation set forth below for single family residential properties. b) The city council hereby imposes a drainage charge to be paid by users of benefitted property to cover the cost of service of the drainage utility system. Said drainage charge shall be set forth in a schedule of charges to be adopted by the city council and calculated as follows: 1) Single family residential properties shall be measured as one ERU per month regardless of actual amount of impervious cover on such properties; 2) except with respect to the limitation for single family residential properties set forth in subsection (1), above, all non-exempt benefitted properties shall be measured for ERU in one/tenth increments with no maximum and for such non-exempt properties there shall be a minimum of one ERU regardless of actual amount of impervious cover on such properties; and 3) Each benefitted property shall be assessed a monthly SDUS fee to be established by the city council in a schedule of charges. The schedule of charges shall be included in Appendix A Schedule of Fees. c) The city council may adjust the values, rates, and fees at any time based upon the recommendation of the city manager that the cost of service for the drainage utility warrants an adjustment in rates. d) The rates to be imposed shall be collected through the city's bill for public utilities in accordance and be set forth therein as a separate charge. Sec. 12.09.006 Segregation of income. The income of the drainage utility system shall be segregated and completely identifiable in city accounts. If drainage charges are solely for the cost of service, the city may transfer the charges in whole or in part to the city's general fund, except for any part collected outside municipal boundaries and except for any part pledged to retire any outstanding indebtedness or obligation incurred, or as a reserve for future construction, repair, or maintenance of the drainage utility system. If the city council has levied, in the drainage charge, an amount in contribution to the funding of future system improvements, including replacement, new construction, or extension, that amount is not transferable to the general fund. Sec. 12.09.007 Exemptions; fee credits. a) The following shall be exempt from the provisions of this article: CITY OF ANNA, TEXAS ORIDINANCE NO. Page 4 of 7 1) property with proper construction and maintenance of a wholly sufficient and privately owned drainage system; 2) property held and maintained in its natural state until such time that the property is developed and all of the public infrastructure constructed has been accepted by the city for maintenance; 3) a subdivided lot until a structure has been built on the lot and a certificate of occupancy has been issued by the city; 4) property owned by the United States, the State of Texas, or Collin County; 5) property owned by Anna Independent School District and private K-12 education providers; 6) property owned by public or private institutions of higher education; and 7) property owned by a religious organization that is exempt from taxation pursuant to Section 11.20, Tax Code. b) A property owner may petition the city to reduce the drainage utility fee for an individual property to account for on -site stormwater management controls that reduce the property's impact to the drainage utility system. The petition shall be evaluated and the fee adjustment decision determined by the city engineer or the engineer's designated representative. The evaluation and determination performed by the city engineer shall be based on nondiscriminatory, reasonable and equitable terms in accordance with the applicable law and this section. Sec. 12.09.008 No effect on land owner obligations under city ordinances; no waiver of immunity; other laws and obligations. a) The establishment of the drainage utility by the city does not relieve users, private land owners, developers, other individuals or entities from responsibility for providing drainage improvements in connection with land development pursuant to the other ordinances of the city or laws of the State of Texas that relate to flooding, drainage, drainage management, or drainage improvements. b) The establishment of the drainage utility does not imply or warrant that a benefitted property will be free from flooding, pollution, or stream erosion. The city makes no representation that all drainage problems will be remedied. This ordinance does not create additional duties on the part of the city or create new liability or remedies for any flooding, stream erosion, deterioration of water quality, or other damages. Nothing in this ordinance shall be deemed to waive the city's immunity under law or reduce the need or necessity for flood insurance. c) This article is intended to be read in harmony with all other provisions of this Code. To the extent this article conflicts with any other provision in this code, the provisions shall be harmonized CITY OF ANNA, TEXAS ORIDINANCE NO. Page 5 of 7 when possible, however, this article shall control and supersede any other conflicting provision regarding the drainage utility system. d) A wholly sufficient and privately owned drainage system must have volume to capture runoff for storms of magnitude up to and included in the one -percent annual chance (100-year) storm event, 24-hour duration. Captured runoff must be removed from the retention system of a wholly sufficient and privately owned drainage system within 72 hours of the rainfall event without discharging into the drainage utility system. Owner of the wholly sufficient and privately owned drainage system must provide evidence to the city to show the facility meets the above requirements. Failure to comply with this provision shall result in a wholly sufficient and privately owned drainage system being deemed to be a benefitted property and subject to the SDUS charge and other provisions of this article. Sec. 12.09.009 Delinquencies. Any charge due hereunder which is not paid when due may be recovered in an action at law by the city. In addition to any other remedies or penalties provided in Subchapter C or other law, failure of a user within the service area to pay the charges promptly when due shall subject such user to discontinuance of any utility services provided by the city. City employees of the utility drainage system shall have access, at all reasonable times, to any benefitted properties served by the drainage utility for inspection or repair or for the enforcement of the provisions of this article; provided, however that this section does not authorize entry, access or searches where a search warrant is required. Section 12.09.010 Appeals. a) Billing and payment disputes for administrative issues shall be subject to appeals procedures used by the city for other utility billing disputes. b) Appeals for the following reasons shall be directed to the public works director or his designee for evaluation and determination: 1) exempt property has been assessed a charge under this article; 2) a charge under this article for an individual property is based on an incorrect determination of the property's contribution to the drainage utility system, as established in accordance with the schedule of charges referenced in Sec. 12.09.004(b)(3); 3) a charge under this article for an individual property is assessed on more than one utility account; 4) a charge under this article is assessed to individual property outside the service area; or 5) a benefitted property has boundaries or dimensions that deviate from the city's determination of the boundaries or dimensions for such benefitted properly. CITY OF ANNA, TEXAS ORIDINANCE NO. Page 6 of 7 c) The public works director or his designee shall render a written decision on such appeals within thirty (30) days after receiving a written notice of appeal from the user. d) Any user who disagrees with the decision of the public works director or his designee may appeal to the city manager. The city manager shall render a written decision on such appeals within thirty (30) days after receiving a written notice of appeal from the user. The city manager's decision is final. If the city manager does not render a decision within thirty (30) days of an appeal, it shall be deemed to have sustained the decision of the public works director. SECTION 2. Savings, Severability and Repealing Clauses. All ordinances of the City in conflict with the provisions of this ordinance are repealed to the extent of that conflict. If any provision of this ordinance shall be held to be invalid or unconstitutional, the remainder of such ordinance shall continue in full force and effect the same as if such invalid or unconstitutional provision had never been a part hereof. The City declares that it would have passed this ordinance, and each section, subsection, sentence, clause, or phrase thereof irrespective of the fact that anyone or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional or invalid. SECTION 3. Publication of the Caption Hereof and Effective Date. This ordinance shall be in full force and effective from and after its passage and upon the posting and/or publication, if required by law, of its caption and the City Secretary is hereby directed to implement such posting and/or publication. PASSED by the City Council of the City of Anna, Texas, this &ikay of , 2022. ATTESTED: APPROVED: rrj NX\ 0` 1of AI Y /* o•o. o. o avo .so 1 A%W 610 Carrie L. Land City Secret U : N, ate-'ike, a or M _ O • P 1 06 7% E)( IIIII%W, CITY OF ANNA, TEXAS ORIDINANCE NO. Page 7 of 7 MUNICIPAL DRAINAGE UTILITY 2021 RATE ANALYSIS Prepared For THE CITY OF manna Prepared By BIRKHOFF, HENDRICKS & CARTER, L.L.P. PROFESSIONAL ENGINEERS DALLAS, TEXAS TBPELS FIRM NO. 526 October 2021 A. Introduction B. Service Area C. Calculation Method D. E. F. G. H. I. J. CITY OF ANNA, TEXAS MUNICIPAL DRAINAGE UTILITY STORMWATER SYSTEM) 2021 RATE ANALYSIS TABLE OF CONTENTS Page No. 1 1 2 Rate Categories (Land Uses).................................................................................................. 2 Figure 1 — Rate Categories Map.................................................................................... 4 Land Uses & Charge Distribution........................................................................................... 5 Table 1 — Rate Categories Summary & Budget Allocation Stormwater System Capital Improvement Plan...................................................................... 6 Table 2 — Summary of 10-year CIP Expenditures........................................................ 7 Figure 2 — Stormwater System CIP Map...................................................................... 8 Capital improvements Plan Annualized Debt Service.............................................................. 9 Table 3 — Annualized Capital Improvement Project Debt Service Operation & Maintenance Annualized Expenditures........................................................... 10 Table 4 — Operation & Maintenance Budget.............................................................. 11 Storm Water Utility Rate Options........................................................................................ 12 1) 10-year Level Approach Table 5 — Stormwater Utility Rate (O&M Budget Only) ............................................. 12 Table 6 — Stormwater Utility Rate (CIP Only)............................................................. 12 Table 7 — Stormwater Utility Rate (Combined O&M and CIP).................................. 12 2) 10-year Annual Analysis (Supplemental Approach)..................................................... 13 Table IA — Cale. of Runoff Contribution by Property Category (Annual Estimate ... 14 Table 5A — Stormwater Utility Rate (O&M Budget Only) ......................................... 14 Table 6A — Stormwater Utility Rate (CIP Only) ........................................................ 15 Table 7A— Stormwater Utility Rate (Combined O&M and CIP) ............................... 15 Non -Residential Stormwater Detention System Fee Credit ................................................. 16 1r:' '•.itJJ GARY C. HENDRICKS i 65226 y ` jAcluical\anna\ 2020 drainage utility analysis\02_index.doc Birkhoff, Hendricks & Carter, L.L.P. CITY OF ANNA MUNICIPAL DRAINAGE UTILITY 2021 RATE ANALYSIS A. INTRODUCTION A "Drainage Charge" is a fee that is imposed by a municipality and used to finance a municipal drainage utility system. The drainage charge is to be imposed to all benefitted properties in the service area of the stormwater drainage system, excluding properties such as parks, other public - use facilities or undeveloped land. The drainage charge shall be levied on nondiscriminatory, equitable and reasonable terms, regardless the value of a property. The drainage charge rates are based on the estimated stormwater runoff rate (flow contribution) from each benefitted property and on the budgetary requirements for provision, operation and maintenance of the system. This analysis calculates the drainage charge rates that are required to be obtained to meet the financial requirements of the system, including the cost of operation and maintenance (O&M) and the cost of the capital improvement plan (CIP) projects. That total cost is distributed among the benefitted properties, proportionally, based on the land uses and estimated runoff rates from the properties. The rates calculated are recommended monthly fees. The calculation of the rates does not consider capacities of existing facilities or the geographical location of each benefitted property in relationship to the proposed capital improvement projects. Prior investments to the stormwater system are not included in the rate calculation. Regulation set forth by Title 13, Subtitle A, Chapter 552 of the Local Government Code provides the framework and requirements for the Drainage Charge and Rates calculation. B. SERVICE AREA The 7,777-acre City of Anna City Limits was the Service Area for this analysis. jAclericahanna12020 drainage utility analysis103_report.docx - I - Birkhoff, Hendricks & Carter, L.L.P. C. CALCULATION METHOD The approach taken to classify land uses was related to the estimation of runoff rates for a per - acre assessment. The Rational Method, used for estimation of stormwater runoff rates, assigns coefficient values to various land use types which correspond to the portion of rainfall expected to runoff from a unit of land area, based on impervious cover. Variable coefficient `C' of the Rational Method Equation (Q = CiA) is the factor related to an area's impervious coverage (likewise, related to the area's ability to retain rainfall). Coefficient C' is multiplied by the watershed area `A' and by the rainfall intensity `i' to calculate a runoff flow rate `Q'. For this calculation, C*A was used to define the runoff characteristics for the property types in the service area. C*A can be applied to storms of various intensities, and therefore, the rainfall intensity factor, `i', was not used. The eligible and benefitted properties in the service area were distinguished into impervious - coverage categories. Runoff coefficients, `C' -values, were assigned to each category, per the City of Anna Storm Drainage Design Manual. An analysis of the City's parcel areas was conducted to determine each category's flow contribution percentage to the total runoff. Those percentages of the total runoff were applied to the required average monthly budget to allocate the required fees and to determine the rates. D. RATE CATEGORIES (LAND USE Drainage charge rates were calculated for land use Categories 1 through 3: 1. Residential 2. Non -Residential 3. Exempt Lands a. Collin County b. School District c. Public/ Semi -Public &Parks d. Undeveloped (Natural State) or Unoccupied e. Religious or Cemetery (optional exemption) It was assumed that the tracts of land within each category have similar runoff characteristics. Non-residential tracts of land typically have more impervious coverage than residential tracts due to larger concrete parking lots and buildings, while residential tracts tend to have larger portions of grassed area which detain and percolate stormwater. The Land Use Categories are defined by measurable qualities, where applicable, for the assignment of fee classification for each benefitted property. jAclericahanna12020 drainage utility analysis103_regort.docx - 2 - Birkhoff, Hendricks & Carter, L.L.P. Residential Properties— Properties used for residential dwelling. Non -Residential Properties — Tracts of land which are not used for residential dwelling and are developed such that the natural state of the property is altered may be classified as a non-residential property, unless the property was determined to be exempt per local government code (Section 552.053) Public Properties (Exempt Land) —Per the Local Government Code, tracts of land owned by Collin County or by a school district are exempt from drainage charges, and residential dwellings associated with a municipal housing authority are also exempt. Undeveloped properties held and maintained in the natural state are exempt, and subdivided lots or tracts that have not been issued a certificate of occupancy are exempt. Additionally, properties which utilize a wholly sufficient and privately owned drainage system are exempt. The City may also grant exemption from the drainage charge if a property is owned by a religious organization or used as a cemetery. A map showing the geographical distribution of the Rate Categories (Land Uses) is provided as Figure 1. jAclericahanna12020 drainage utility analysis103 report.docx - 3 - STORMWATER UTILITY RATE ANALYSIS THE CITY OF LAND USE RATE CATEGORIES BIRKIIO TB? IIENDRICKS & CARTER L.L.P. AtttlaPROFESSIONALENGINEERS FIGURE 1 0 T,aOD {.WO 8,000 TBPE F119 OGSrtee vile Ave., Si 600PL 31800 D.11-T— 75243 (2I4) 361-7900 xglmnxal. xve x Rr:I October 2020 Sbem olm M.W Ron\Sh»te\D,&m Ut* Moyds Fq—\Fj— I - WMm Nap City Umb 0.y.Ng E.LAND USES & CHARGE DISTRlBUTION Birkho}J. Hendricks & Cal'ler, L.L.P. The Texas Administrative code allows for the drainage charge rates to be established on the basis of impervious cover as it relates to land use. The mechanism for distribution of the required monthly budget (being the same as the required revenue) to the prope1ties is by a ratio of the iunoff rate calculated for the parcel in question to the total rnnoff rate calculated for the entire service area. A uniform drainage charge rate is recommended for all properties classified as Single Family Residential and High Density Residential, due to relative uniformity in size aod in impervious coverage, and therefore the calculation for runoff uses the average property size for tbose categories. Non-Residential properties, however, vaty more widely by land area, and the rates calculated for those properties are based on the land area of the individual propetties themselves. Table l summarizes the current and 10-year projected developed parcel counts and areas for both Residential and Non-Residential lots within the service area. The table includes the I 0- Year Level Average for the developed parcels and acres for each category. The table also calculates fee allocation percentages using runoff coefficients, 'C'-values, with the parcel counts and areas. Table 1 -Calculation of Runoff Contribution bv Propertv Cateqorv Ruuorr(\II Weighted Porpordonol 2021 Rate Category 2031 I 0-Ycar Level Avcmgc Coefficient Value Share Based on Developed Parceb Developed Acres1'I Developed Parcels(b) Developed AcresIbl Developed Parcels Developed Acrei Residential: 6,250 3,424 10,657 5,844 8,459 4,634 Non-Residential: N/A 260 N/A 445 N/A 353 Public: N/A 662 N/A 661 N/A 662 Total: 6,250 3,684 10,667 6,289 8,459 4,987 (a/ Developed lots ONLY (b) Source: 2018 City of Anna & Wastewater Impact Fee update landuse assumptions (c) Direct Annual Average Growth per 2014 Land use assumptions: Source 2014 City of Anna & Woscewoter lmpoetfee,Appendix A (d)Runoff Coefficient 'C' represents impervious coverage of development on a property. Source of 'C'-va/ues: City of Plano Storm Drainage Design Manual 'C' 'C'A' a.so 2,317 0.90 317 0 0 2,634 Tn Table 1, The 'Proportional Share Based on C*A' column provides the percentages of the budget that are to be obtained from parcels of each respective category . j:\cJcrienl\annn\2020 dm10!l�I! miH1y IUtnly:d!C\03 _report,doc:.x • 5 - c•;,. 88.0% 12.0% 0% 100"/4 Birkho.ff, Hendricks & Carter, L.L.P. F.STORMWATER SYSTEM CAPITAL IMPROVEMENT PLAN The City has developed a capital improvement plan for the stormwater utility system. The list of proposed projects has been refined through discussion over the past several years. Six (6) projects are expected to be completed over the next 10-years, or so. The projects were distinguished as the following types: •Bridge Projects -Nine (9) projects are proposed to construct a bridge over a creek. One bridge is located on the west side of the City on the future extension of Creekview Drive. This bridge would be constructed at the same time of the future extension of Creekview Drive. The second bridge is located northeast of the City on F.M. 2862 (also known as Houston Street). This second bridge would expand the existing bridge when proposed expansion of F.M. 2862 is being constructed. Other seven bridges located across the City would also be constructed. •Culvert Projects -Four (4) Culverts are proposed for replacement, all of which are in northwestern Anna. One of the proposed culverts cross under C.R. 369, two under C.R. 370, and one crosses under Hackberry Drive. Each of these projects include trench cuts across the roadway for the installations. In addition to Roadway trench repair, the projects may include construction of concrete headwalls and metal beam guard rail fencing for safety. Minor upstream and downstream clearing, grading, and soil stabilization activities are included in the culvert replacement projects, as warranted. Table 2 summarizes the opinion of project cost for the sixteen (16) projects in the Capital Improvement Plan. The projects are shown by Figure 2, the Capital Improvement Plan map. The estimated budget and total required principal for the Capital Improvement Plan improvements is $42,925,000. j:\clerical\anna\2020 drainage utility analysis\OJ_report.docx -6- Birkhoff, Hendricks & Carter, L.L.P. Table 2- Summary of 10-Year Capital Improvement Plan Expenditures Project LD, Stormwater Drainage System Proposed Improvement pipe Diameter Length (ft) Estimated Construction Cost Contingencies & Esc. Professional Services Ntaterial Testing Inspection Fee Total Capital Cost EFT-1 Storm Water Master Plan, East Fork Trinity, Crossing EFT-1 Bridge 245 3,008, 235 601,647 451, 235 75,206 75,206 4,212,000 TC-1 Storm Water Master Plan, Throckmorton Creek, Crossing TC-1 4 - 9'x8' 480 858,740 171,748 128,811 21,469 21,469 1,203,000 TC-2 Storm Water Master Plan, Throckmorton Creek, Crossing TC-2 84" 480 580,830 116,166 87,125 14,521 14,521 814,000 TC-3 Storm Water Master Plan, Throckmorton Creek, Crossing TC-3 4 - 9'x8' 480 857,245 171,449 128,587 21,431 21,431 1,201,000 TC-4 Storm Water Master Plan, Throckmorton Creek, Crossing TC-4 Bridge 95 3,007,785 601,557 451,168 75,195 75,195 4,211,000 TC-5 Storm Water Master Plan, Throckmorton Creek, Crossing TC-5 Bridge 85 3,007,755 601,551 451,163 75,194 75,194 4,211,000 TC-6 Storm Water Master Plan, Throckmorton Creek, Crossing TC-6 Bridge 115 3,007,673 601,535 451,151 75,192 75,192 4,211,000 5C-1 Storm Wate r Master Plan, Slayte r Cree k, Crossi ng SC-1 4-10'x8' 320 681,940 136,388 102,291 17,049 17,049 955,000 SC-2 Storm Wate r Master Plan, Slayter Cree k, Crossing SC-2 Bridge 75 3,007,725 601,545 451,159 75,193 75,193 4,211,000 SC-3 Storm Water Master Plan, Slayter Creek, Crossing SC-3 Bridge 250 3,008,250 601,650 451,238 75,206 75,206 4,212,000 SC-4 Storm Water Master Plan, Slayter Creek, Crossing SC-4 Bridge 1 55 3,007,665 601,533 451,150 75,192 75,192 4,211,000 WSGC-3 Storm Water Master Plan, West Sister Grove Creek, Crossing WSGC-3 TXDOT 0 0 0 0 0 0 0 WSGC-4 Storm Water Master Plan, West Sister Grove Creek, Crossing WSGC-4 4 - 910' 320 607,200 121,440 91,080 15,180 15,180 851,000 SGC-4 Storm Water Master Plan, Sister Grove Creek, Crossing SGC-4 Bridge 65 3,007,695 601,539 451,154 75,192 75,192 4,211,000 SGC-15 Storm Water Master Plan, SisterGrove Creek, Crossing SGC-15 Bridge 55 3,007,583 601,517 451,137 75,190 75,190 4,211,000 SGC-16 Storm Water Master Plan, SisterGrove Creek, Crossing SGC-16 I TOOT 1 0 0 1 0 0 0 0 1 0 Total: I 530,656.320 56.131.264 I S4.598m 5766m 5766.408 I 542.925A00 jAclerical\ama\2020 drainage utility analysis\03_repoMdocx - 7 - SGC-3 PGC-1 u L J TC 5 EFT 1 HC 1 TC 2 SG i SG B GC -9 - 1 TC-3 , I I, TC-4 SC 1 C SGC EFT-2 HC-2i'SGC-14 TC-5 , 5C-2SGC 12 -- SGC-13 SGC 15 C,. PILOT \\ C i HC_3 Q TC-6 `_ WSGC-1 0J 1 i' .'r _- CREEK J EAST eC , i RK s / SGC r•• J 4- FO6 J TRINITY pij SIaTER WSGC 2 a y GF6 t WSGC-5 CREB14 - SGC 18 iti KI ME,r' WSG. -3'`L WSGC- 4 4,, - - BxN,R -- HAR 1 GT NCH NO SCALE CITY OF ANNA BHC ram° " • + • BIRKHOFFS HENDRICKS & CARTERS L.L.P. STORM WATER MASTER PLAN PROJECTNO. SHEETNO. eeivasi mr-, w. rPROFESSIONAL ENGINEERS 20117)23 TBPE Firm No. 526; 7BPLS Fi,m No. 10031800 D,: 9 nr 9ixea9a., swta600 Figure 2 - Storm Water Utility Capital Improvement Plan 1 1u. r-75243 (214)361-7900 OGL 2027 P9, 1sFn ,n/an/91 - dan N\malai.\w.n 4u,9,21 slum.dr Yadr PLn Bmedam Oodm .NbiLd.a Plm SCl1E 1:2 Plm Me — MDM W. WN MDOWN M 10/20/2021 Name QIcR) Rnnawar Sectionsm,mwamr Inf eslnmw,e PD; co91 1 BPr- t z.dsz} blue ai„me z4r Baak s5}12AW Bgr3 4s57.5 damaei.;em Be eriage sr}Ilp9B xca 4A99.3 blare mridm Iwk s4}IIAIa NG9 5,41:A bhrcdivitlm RB'IDidk H}II,BW HGJ G1102 blwediidm 9p8aMk 54}IIJIaB iL'- 1 IS'JAd blmcGridN 49aRRG Boa Gdrma ey-, I GIdP SI b3AW TG3 tlpd5 bhrcdiridm STM C-1E T. I,]od.o airimM 9. 6 Rr ea. al,eaa iASSMGId]] vsol.000 TC- 1 5,19R.1 I9metliviam 9S Bddk IIJNB TGS 0.141.0 6MrcdirNm flSBddk S;:IIAW TGd 926.4 4-Imediridm IISD.iJFe 53}IIAW SGI I,RRa.9 4ercdivNm illh6 RCBoaCWvma ASTMC-Ifil! 3455. WB Name Q(cfx) Roadway SttaonSlormxver InGaswctlueProjttt Can ulas d-mrcmrlam rodak s+.z11AOB sc. 1 zsw3 Imama;am Suedes• s1]1]A90 su 4}]I.J ixaaaiMma sr ariak 29111A00 WSC . 1 61R.] ilozdiridal IHV Bridge 24}IIAOD WSGC-: 1.]ST} btercdiridm 49N RC Bar Cuhal S- fMC-I d)1 SI}] O,Mq tbt?. 4 l.Ierc NvWm TXWT WSCA' A I81t1A r I.mel lm4 49XL RC Boa Nlven asln5 cldn SBSIABO NSGC- S aA141 ilavedividad v Bridk 34])1.0110 BGGI I.999.4 64mcdia5md 60ASR.1 G16T11 SIp9],Ooa BGC. 1 Sj50A Ieae dividN SB BrMk SI211.000 GC- J 6.5665 4lua dlritlW 135'8ridk 31.'.I]AW SGCJ I,IN9] blmadiviem 69 Bddk f4}II,BBO Name Q(cfs) RaadY SenionSmrmwa,a InfiuWeWre Pmjttl Coll SGC3 9rn1 blme Arided Rr &fdk W}1IABa SGCb soodl blarcdlriaeJ IBb Bdtlge H}tI.MB scc-] b14rc m.mm cw.eN ns c-1d szwmo SGCJ M].d blvrc dividm 3.42-C'vcWu GYIY[ N ASrM C-76 SI]JA00 SGCA 491.9 bHrcdividm i SaS RC Boa Calvem aSTM GId>1 f50A090 sGG1R sRu blarcmriaea SSas RCBm c9hm, asGd Gldl) sdJIAaO BGGII 1,6]R.I 64anedivided 0. 1BaR RC Boa Cuheu AS1M SIA78.000 SGC- 13 561.9 ilonedlvNm isaS AC]Box CulvmaASIT1 GId]] SJ43.000 SGC- tJ 6.46D.6 clam dividm 16S Bridge Sa}IIA00 Nalco Qtctl Roadway SediunS,ormwuv InfmsxuclurePmJttt Call SGGII 63165 9-laoe d'nidm NS'Bridk 5r}IIAW sGGls 2,BY9.6 wne ahiam ss'edak s4}u,lloo SGGId IS.MRA blme dividm TXgST SGGl1 1,4)1.3 ilarcdhidm i 9a] PC Boa CuhwAS1M516],II00 SGC- IR Ifi,lu.9 imrcalridm IRS'Blidk 5a311,cOn PGGI ul4A bl4rcdivMm iStl Bdtlk 54}DABo PGC-] 1.536.] 4-IamdlvNm B'Bridk SJ}IIA td Birkhoff' Hendriehs & Canter, L.L.P. G. CAPITAL IMPROVEMENT PLAN ANNULIZED DEBT SERVICE To pay for the Capital Improvement Plan projects, this analysis assumes the city to issue bonds with a maximum value of $5 million dollars per issuance, with an issuance cost of 1.5%, an interest rate of 4%, and a term of 20 years per issuance. Table 3 below calculates the average Total Annual and Monthly Debt Service during the I0-year term of this evaluation. Table 3 Annulized Captial Improvement Project Debt Service Year Issue 1(1) Issue 24) Issue 3() Total Annual Debt Service Monthly Debt Service Amount 5,000,000 5,000,000 5,000, 000 2022 373,427 373,427.38 31,118.95 2023 373,427 373,427.38 31,118.95 2024 373,427 373,427.38 31,118.95 2025 373,427 373,427.38 31,118.95 2026 373,427 373,427 746, 854.77 62,237.90 2027 373,427 373,427 746, 854.77 62,237.90 2028 373,427 373,427 746, 854.77 62,237.90 2029 373,427 373,427 746, 854.77 62,237.90 2030 373,427 373, 427 373,427 1,120,282.15 93,356.85 2031 373,427 373, 427 373,427 1,120,282.15 93,356.85 Average: 672,169.29 56,014.11 1) Note: Financing Terms Issuance Cost: 1. 5% Term (Years) 20 Rate: 4% jAc lei ical\anna\2020 drainage utility analysis\03_report.do- - 9 - Birkhoff, Hendricks & Carter, L.L.P. H. OPERATION & MAINTENANCE ANNUALIZED EXPENDITURES The Estimated 2021 City of Anna Budget for the operation and maintenance (O&M) of the Stormwater System is $103,105. Because there is not currently a sperate storm water utility account, this amount represents ten percent (10%) of the City's Street Budget. The revenue is used for general maintenance items such as mowing of channels, inspections and debris removal. It is also used for administrative, planning and regulatory -compliance costs for operation of the system. City staff anticipates future expenditures which will increase the required O&M budget, including personnel expansion, equipment purchases and Municipal Separate Storm Sewer System (MS4) permitting. In the future, the required O&M budget will have a 10-Year annualized average of approximately $289,070 per year. It is also anticipated that within the rate study period, the city will be required to service a general permit for storm water discharge into the waters of the U.S. As shown in Table 3 below, beginning in the year 2025 the operation and maintenance budget includes a $75,000 fund for the municipal separate storm sewer system MS4) annual permit requirements and will grow with a 1.7% CPI rate. Currently the budget has limited resources for proper and consistent stormwater maintenance. Therefore, a new `Enhanced Storm water Maintenance' program has been created with an initial amount of $175,000. This program will allow for the city to regularly maintain stormwater utilities and equipment as the city grows. Table 4 calculates the average annual budget required to operate and maintain the stormwater system over the next ten years. The average annual O&M budget anticipated for the next 10- years is $524,514. This is the O&M 10-year level amount utilized for this study. The O&M expenses are to be recovered monthly through the drainage charge. j:\clerical\anna\2020 drainage utility analysis\03_report.docx - 1 0 - Birkhoff, Hendricks & Carter, L.L.P. TABLE 4- Operation & Maintenance Budget Year Inflation CPI) Rate (%) Annual ( A) O&M Budget Projection Ehlianced Strom Water Maintennace Program AIS4 Permit Expenses Capital Equipment) Expenditure Total Annual Ammount ($) ( d) 2021 1.7% 103 105 170 000 0 273,105 20221bi 1.7% 284,857 172,890 0 66,000 457, 747 2023 1.7% 289,700 175,829 0 465, 529 2024 1.7% 294,625 178,818 0 473, 443 2025 1.7% 299,633 181,858 75,000 556,492 2026 1.7% 304, 727 184,950 76,275 565,952 2027 1.7% 309, 908 188,094 77,572 575,573 2028 1.7% 315,176 191,291 78,890 585,358 2029 1.7% 320,534 194,543 80,232 595,309 2030 1.7% 325, 983 197, 851 81,595 605,429 2031 1.7% 331, 525 201, 214 82,983 615,722 Average: 1.7% 289,070 185,213 50,232 524,514 A) Total Annulized Sum of 2021 = $1,031,046 * 10% b) Add 2 Maintenance -Tech I [Est. $54,000/yr], 1 Crew Leader [Est. $72,0001 c) 3/4 Ton Pickup [Est. $38,000], 1-20 Foot Trailer [Est. $18,000], Additonal Misc. Equipment [Est. $10,000] d) Total Annual Ammount divided by 12 results in Total Montly Budget j:\clerical\anna\2020 drainage utility analysis\03_report.docx - 1 1 - Birkho ./f. Hendricks & Car/er, L.L.P. I.STORM WATER UTILITY RATE OPTIONS A.10-Year Level Rate Analysis (Base Approach) In this analysis, the monthly fee for both Residential and Non-Residential lots is calculated on a ten-year (10-year) level rate by using the average budget over a 10-year period for both the Operation and Maintenance and Capital Improvements budget. Three (3) different options are considered Option 1: Option 2: Option 3: Operation and Maintenance monthly budget (Table 5) Capital Improvement Project monthly budget (Table 6) Combining both O&M and CIP monthly budgets. (Table 7) Tables 5-7 below present the calculate the monthly residential and non-residential fee based on these three different options. TABLE 5 -Stormwater Utility Rate Calculation ( O&M Budget Only) Total O&M Porportional Share Monthly "Budget Parcel Count Total Area Monthly Fee Monthly Fee Rate Category Based on C*A ($) (fable 5) (#) (ac.) Per Parcel Per Acre Residential 88.0% $38,437 8,459 4;<,¼4 $4.54 N,/-A Non-Residential 12.0% $5,263 353 NfA $14.93 Public 0.0% $0 'd 0 l'J • N/A Total: 100% $43,700 8,459 4,987 TABLE 6 -Stormwater Utility Rate Calculation (CIP Only) Total Monthly Porportional Shm·e Debt Senice ($) Parcel Count Total Arca Monthly Fee Monthly Fee Rate Category Based on C* A (Table 4) (#) (ac.) Per Parcel Per Acre Residential 88.0% $49,268 8,459 ";l.L $5.82 �/. Non-Residential 12.0% $6,746 ,; 353 r� $19.14 Public 0.0% $0 0 NI-A N/A Totaf: 100% $56,014 8,459 4,987 TABLE 7 -Stormwater Utility Rate Calculation (Combined CIP + O&M) Total Monthly Porportional S bare Requirement($) Parcel Count Total Arca Monthly Fee Monthly Fee Rate Category BascdonC*A (fable 4+5) (#) (ac.) Per Parcel Per Acre Residential 88.0% $87,705 8,459 �'4. $10.37 NI Non-Residential 12.0% $12,009 353 N+1'. $34.07 Public 0.0% $0 \,f 0 11/• N/A Totaf: 100% $99,714 8,459 4,987 j:\clcrir:;i.f\nr1n11\2020 dro.intige u1ility annlysis\03 _rcpon.docx - 12 - Birkhoff, Hendricks & Carter, L.L.P. The Calculated Fees shown in Tables 5-7 are the maximum allowable fees for the properties of each land use classification. The calculated fees assume that the fees shall be fixed for the next five years, however, the Local Government Code allows for the governing body of the stormwater utility to adjust the charges from time to time. It is recommended the maximum fee calculation be reviewed and adjusted, as required, prior to termination of the 5-year period. The update shall reestablish the O&M budgetary requirements with the possible inclusion of newly identified stormwater capital improvement projects and shall consider land use developments in the service area. Based on the calculated fees, we recommended implementation of the following Maximum Fee R- that include both the Storm Water System Operation and Maintenance expenditures and the Storm Water System Capital Improvements debt service: Residential: $10.37 per month Non -Residential: $34.07 per Acre B. 10-Year Annual Analysis (Supplemental Approach) During the review phase of this analysis, the City staff requested we perform a "supplemental" annualized evaluation of the storm water rate. In this analysis the monthly fee for both Residential and Non -Residential lots is calculated on a year -by -year annual basis. and utilizes the annual O&M and Capital Projects Debt Service budgets over a projected ten-year period. This approach requires a more focused estimate of annual growth in residential units and non- residential developments. Table IA below is an itemized presentation of Table 1 and presents the estimated annual growth in residential units and non-residential developments and calculates the proportional "CA" used for each year of the analysis. This approach results in an initial lower fee that generally increases over time. jAclericallanna\2020 drainage utility analysis103_report.docx - 13 - Birkhoff, Hendricks & Carter, L.L.P. TABLE 1A - Calculation of Runoff Contribution by Property Category (Annual Estimate) Residential Units Non Residential acres Year Lots Acres A) Run-off C" Weighted CA Proportinal CA Acres Run-off C" Weighted CA Proportional CA Total CA 2021 6,250 3,424 0.5 1,712.0 87.98% 260 0.9 234.0 12.02% 1,946.0 2022 6,500 3,561 0. 5 1,780.5 87.99% 270 0.9 243.0 12.01% 2,023.5 2023 6,800 3,725 0. 5 1,862.5 88.01% 282 0.9 253.8 11.99% 2,116.3 2024 7,200 3,944 0.5 1,972.0 88. 06% 297 0.9 267.3 11.94% 2,239.3 2025 7,700 4,218 0.5 2,109.0 88. 08% 317 0.9 285.3 11.92% 2,394.3 2026 8,450 4,629 0.5 2,314.5 88. 11% 347 0.9 312.3 11.89% 2,626.8 2027 9,217 5,049 0.5 2,524.5 87.93% 385 0.9 346.5 12.07% 2,871.0 2028 9,877 5,411 0.5 2,705.5 88.13 % 405 0.9 364.5 11.87% 3,070.0 2029 10,427 5,712 0.5 2,856.0 88.19%1 425 0.9 382.5 11.81% 3,238.5 2030 10,667 5,844 0.5 1 2,922.0 87.95% 445 0.9 400.5 12.05% 3,322.5 2031 10,667 5,844 0.5 1 2,922.0 87.95%1 445 0.9 400.5 12.05% 3,322.5 The same Three (3) different options are considered Option 1: Operation and Maintenance monthly budget (Table 5A) Option 2: Capital Improvement Project monthly budget (Table 6A) Option 3: Combining both O&M and CIP monthly budgets (Table 7A) Tables 5A-7A below present the calculate the monthly residential and non-residential fee based on these three different options. TABLE 5A- Stormwater Utility Rate Calculation ( O&M Budget Only) Year Total Annual O&M Budget Amount s) Monthly Rates Residential Rate per Unit) Non - Residential Rate per Acre) 2021 273,105 3.20 10.52 2022 457,747 5.16 16. 97 2023 465,529 5.02 16.49 2024 473,443 4.83 15. 86 2025 556,492 5.30 17.44 2026 565,952 4.92 16. 16 2027 575,573 4.58 15.04 2028 585,358 4.35 14. 30 2029 595,309 4.20 13.79 2030 605,429 4.16 13.66 2031 615,722 4.23 13.89 Average: 1 $524,514:::]l 4.67 1 $15.36 j:\clerical\anna\2020 drainage utility mtalysis\03_report.docx - i 4 - Birkho.f, Hendricks & Carter, L.L.P. TABLE 6A - Stormwater Utility Rate Calculation (CIP Only) Year Annual CIP Debt Service Mouthy Rates Residential Rate per Unit) Non - Residential Rate per Acre) 2021 373, 427 4.38 14.39 2022 373,427 4.21 13.84 2023 373,427 4.03 13.23 2024 373,427 3.81 12.51 2025 746,855 7.12 23.40 2026 746,855 6.49 21.33 2027 746,855 5.94 19.51 2028 746, 855 5.55 18.24 2029 1,120,282 7.90 25.94 2030 1,120,282 7.70 25.28 2031 672, 169 4.62 15.17 Average: 672, 169.29 5.61 18.44 TABLE 7A - Stormwater Utility Rate Calculation (Combined CIP + O&M) Year Total Annual O&M Budget Amount Annual CIP Debt 1 Service Total Annual Budget O&M+CIP) Mouthy Rates Residential Rate per Unit) Non - Residential Rate per Acre) 2021 273,105 373,427 646, 532 7.58 24.91 2022 457,747 373,427 831,175 9.38 30.81 2023 465,529 373,427 838,956 9.05 29.73 2024 473,443 373,427 846,870 8.63 28.37 2025 556, 492 746,855 1,303,346 12.42 40.84 2026 565,952 746,855 1,312,807 11.41 37.49 2027 575,573 746,855 1,322,428 10.51 34.55 2028 585, 358 746,855 1,332,213 9.91 32.54 2029 595, 309 1,120,282 1,715,591 12.09 39.73 2030 605,429 1,120,282 1,725,711 11.86 38. 94 2031 615, 722 672,169 1,287,891 8.85 29.06 Average: 524,514.41 672, 169.29 1,196,683.70 10. 15 33. 36 j:\clerical\anna\2020 drainage utility anaIysisM_report.docx - 1 5 - J.Non-Residential Stormwater Detention System Fee Credit Birkhojf, Hendricks & Carter, L.L.P. Several non-residential properties in the City of Anna currently utilize storm.water detention systems (ie. detention or retention ponds) to reduce runoff rates from the developed properties. An effective, on-site stormwater detention system benefits the City's existing stormwater drainage system by reducing the rate of runoff from the property to the stormwater system, thus reducing the required capacity of the downstream municipal utility system. The City may allow those non-residential properties which utilize an effective stormwater detention system to seek Stormwater Drainage Fee-Reduction Credit. We recommend requirement of application for the fee-reduction credits that is to be administered, approved and maintained by the City. We recommend the fee-reduction be proportional to the calculated reduction in runoff flow rate provided by the installed detention system, with a maximum allowable reduction established as an equivalent runoff estimated with a 'C'-factor of 0.5. The calculated non-residential fee rate, $34.07 per acre, utilizes a runoff 'C' factor of 0.9, and therefore the maximum fee-reduction for a well-performing on-site stormwater detention system results in a reduced fee rate of $18.93 per acre. The detention system would require review by a licensed engineer in the State of Texas to provide the calculation results necessary for the calculation of the actual flow reduction. It is further recommended that the City inspect those stormwater detention systems credited for the reduction of runoff flow rate. The facilities must be maintained to ensure performance of the rated flow reduction. The City may require submission of a maintenance schedule with the application, for which City-approval and adherence by the property owner would be required. The City shall retain the powers to revoke the fee-credit upon non-conformance to the maintenance schedule or if the system is removed or found in disrepair. If the detention system fails, the fee-credits shall be revocable and subject to back-charges, based on the City's determination of the failure period and severity. j:\clerical\anna\2020 drainage utility analysis\03_reporl.docx -16 - NorthPointeDrainage Channel -Erosion Aerial Imagery and Site Photos Exhibit 2 Aerial Imagery – Pre - and Post-Development Source: Google Earth Image Date: July, 2008 Source: Google Earth Image Date: November 2014 Channel Alignment (Pre- vs Post -Development) Source: Google Imagery Image Date: July, 2023 Original Drainage Channel alignment City Aerial Imagery Source: NearMap Image Date: May, 2024 (see following pages for aerials identifying areas of concern) Bank/Slope Erosion Aerials - Erosion Channel Bank - Slope Erosion Aerials - Erosion Erosion encroaching on existing fence Slope Erosion Erosion encroaching on existing fence Erosion encroaching on existing fence Aerials - Erosion Erosion encroaching on existing fence Erosion encroaching on existing fence Aerials - Erosion Erosion encroaching on private HOA park Site Photos Site Photos Site Photos Site Photos Site Photos Site Photos Site Photos Senior Transit Discussion Northpointe Subdivision Channel Erosion Stormwater July 23, 2024 Overview •Location Map •History/Purpose •Pre-Development Aerial •Post -Development Aerials •Site Photos •City Ordinances •Options •Staff Recommendation & Next Steps Location Map Drainage Channel Location •Northpointe Crossing Subdivision •North of Elam Drive Final Plat •Approved 12/13/2005 •Filed 12/08/2006 •Channel dedicated to the HOA as a Common Property History/Purpose •The Northpointe Crossing HOA reached out to the City to request assistance with an existing drainage channel located on HOA property. •The entire length of the channel through the neighborhood is located on private property. •Previously, the HOA installed a temporary irrigation system to improve vegetation along the channel bank. •Staff has completed a preliminary analysis of the channel and has received a proposal from an engineering firm identifying the scope of design and funding required for a permanent solution. •The purpose of this agenda item is to present the information to the City Council and receive feedback regarding next steps to take. Pre -Development Aerial Image •Image Date: 1/2/2005 Post -Development Aerial Image •Image Date: 3/1/2012 Post -Development Aerial Image •Image Date: 3/1/2012 Post -Development Aerial Image •Image Date: 1/27/2016 Post -Development Aerial Image •Image Date: 1/22/2022 Post -Development Aerial Image •Image Date: 6/06/2024 Pre -Development versus Post-Development Aerial Image Erosion Areas Erosion Areas Erosion Areas Erosion Areas Site Photos Site Photos Site Photos Site Photos Site Photos Site Photos Staff Findings •The drainage channel conveys significant stormwater runoff from north of County Road 1106, in Van Alstyne’s ETJ. •The channel is showing significant erosion, which appears to be impacting fence lines on the backside of residential properties. No residential structures appear to be affected. •The temporary irrigation system installed previously by the HOA does not appear to have been effective in controlling or preventing additional erosion. •If allowed to continue in its current state, the erosion will continue to increase impacts on the rear yards and fences of adjacent residential properties. •Existing City Ordinance is clear that it is the responsibility of the property owner to maintain drainage and erosion on and across private property. •The channel does appear to have been platted in a drainage easement, which grants the City access if required for actions to protect the health, safety, and welfare of the public. •The HOA has stated an interest in a funding partnership for the project. Options •Option 1: Permanent solution, single phase •Lifespan: 20+ years •Design Cost: $226,361 •Construction Cost: $1,500,000+ (estimate) •Option 2: Permanent solution, phased approach over 5 years •Lifespan: 20+ years •Design Cost: $50,000/yr •Construction Cost: $300,000/yr+ •Option 3: Temporary solution in worst areas •Lifespan: 5+ years •Design Cost: $30,000 •Construction Cost: $150,000 Staff Recommendations •Staff recommends selecting option #3, as it is most feasible to fund in the near-term and will address the areas in the worst condition. •Staff recommends entering into an agreement with the HOA for a 50/50 funding match. Item No. 5.b. City Council Agenda Staff Report Meeting Date: 7/23/2024 Staff Contact: Marc Marchand AGENDA ITEM: Receive an update on the Anna Community Library project and review preliminary plans for staffing and operating the facility. (Director of Neighborhood Services Marc Marchand) SUMMARY: Library construction is well underway, so staff will be updating the Council on preparations for library operations. Council will be presented with the proposed mission, branding, elements of service, hours of operation, staffing, proposed budget, policies, and presented with a preliminary opening and operations timeline. Staff is seeking Council input and direction. FINANCIAL IMPACT: None at this time. However, the staffing plan and operations will have costs associated with them, beginning in FY24-25. The staffing and operations presented have been coordinated with the City Manager Office and the Budget Manager for inclusion in the annual budget. BACKGROUND: The Anna Community Library project was funded through the 2021 Bond Program. A task force was created in 2021 to make recommendations to the Council on a project charter that would guide the design and construction of the new community library. The project is currently under construction. The construction phase is expected to be complete in May 2025 with an opening date happening in late summer. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Vibrant. ATTACHMENTS: Item No. 6.a. City Council Agenda Staff Report Meeting Date: 7/23/2024 Staff Contact: AGENDA ITEM: Approve City Council Meeting Minutes for July 9, 2024. (City Secretary Carrie Land) SUMMARY: FINANCIAL IMPACT: BACKGROUND: STRATEGIC CONNECTIONS: ATTACHMENTS: 1. CCmin2024-07-09 Work Session 2. CCmin2024-07-09 City Council Work Session Meeting Minutes Tuesday, July 9, 2024 @ 5:30 PM Anna Municipal Complex - Council Chambers 120 W. 7th Street, Anna, Texas 75409 The City Council of the City of Anna met in a Closed Session on 07/09/2024 at 5:30 PM, in the Anna Municipal Complex - Council Chambers, located at 120 W. 7th Street, to consider the following items. 1. Call to Order, Roll Call, and Establishment of Quorum. Mayor Cain called the meeting to order at 5:32 PM. Members Present: Mayor Pete Cain Mayor Pro Tem Stan Carver ll Council Member Jody Bills Council Member Kelly Herndon Council Member Lee Miller Members Absent: None 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). b. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov’t Code §551.072). c. Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov’t Code §551.087). d. Discuss or deliberate personnel matters (Tex. Gov’t Code §551.074). City Council, Boards and Commissions MOTION: Council Member Herndon moved to enter closed session. Council Member Miller seconded. Motion carried 5-0. Mayor Cain recessed the meeting at 5:34 PM. Mayor Cain reconvened the meeting at 6:25 PM. 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. No action taken. 4. Adjourn. Mayor Cain adjourned the meeting at 6:25 PM. Approved on the 23rd day of July 2024 ______________________________ ATTEST: Mayor Pete Cain ______________________________ City Secretary Carrie L. Land Regular City Council Meeting Meeting Minutes Tuesday, July 9, 2024 @ 6:00 PM Anna Municipal Complex - Council Chambers 120 W. 7th Street, Anna, Texas 75409 The City Council of the City of Anna met on 07/09/2024 at 6:00 PM in the Anna Municipal Complex-Council Chambers, located at 120 W. 7th Street, to consider the following items. 1. Call to Order, Roll Call, and Establishment of Quorum. Mayor Cain called the meeting to order at 6:25 PM. Members Present: Mayor Pete Cain Mayor Pro Tem Stan Carver ll Deputy Mayor Pro Tem Elden Baker Council Member Kevin Toten Council Member Jody Bills Council Member Kelly Herndon Council Member Lee Miller Members Absent: None 2. Invocation and Pledge of Allegiance. Mayor Pro Tem Carver led the Invocation and Pledge of Allegiance. 3. Neighbor Comments. Stephen Smith spoke about ETJ citizen communication. 4. Reports. No reports given. 5. Work Session. a. Report on Police Staffing. (Police Chief Dean Habel) Over the past two fiscal years, the Anna Police Department has grown in number of sworn officers in alignment with the recommendations from a staffing study completed in 2022. This year's City Manager's budget to Council will request additional sworn officers as prescribed by the staffing study. A new staffing study will need to be done to determine the future growth of the department over the next years. 6. Consent Items. MOTION: Council Member Toten moved to approve Items 6.a.-b. Council Member Herndon seconded. Motion carried 7-0. a. Approve City Council Meeting Minutes for June 25, 2024. (City Secretary Carrie Land) b. Approve a Resolution regarding the Rosamond Crossing, Block A, Lots 1- 11, Preliminary Site Plan. (Planning Manager Lauren Mecke) At the July 1st Planning & Zoning Commission Meeting, the Commission recommended approval subject to approval of the waiver request and additions and/or alterations to the engineering plans as required by the City Engineer along with the waiver of the minimum frontage requirement for three lots when located adjacent to a detention lot. Shopping Centers on two lots, Grocery store with fuel pumps on two lots, six C-2 lots, and one detention lot on 29.74± acres located on the southeast corner of Rosamond Parkway and U.S. Highway 75. The purpose of the Preliminary Site Plan is to propose site improvements for the future construction of the regional commercial development. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING ROSAMOND CROSSING, BLOCK A, LOTS 1-11, PRELIMINARY SITE PLAN. 7. Items For Individual Consideration. a. Conduct a Public Hearing/Consider/Discuss/Action on a request to amend an existing Planned Development (Ord. No. 797-2018) on 5± acres located at the northwest corner of Rosamond Parkway and N. Powell Parkway to allow a self-storage (mini-warehouse) and child-care center/nursery school, kindergarten by right. (Planning Manager Lauren Mecke) At the meeting on December 11, 2018, the City Council approved the rezoning of the property to Planned Development with a base zoning of Local Commercial (C-1) (Ord. No. 797-2018). The Planned Development ordinance established the allowed uses on the property. The request is to amend the allowable uses on the property. The Planned Development ordinance provides that permitted uses on the property are those as allowed within the C-1 district “of the current Zoning Ordinance at the time of adoption of this ordinance.” The Planned Development ordinance specifies other uses permitted by right and by specific use permit (SUP). The use chart in the Planned Development ordinance for the property is below. Uses followed by an “(S)” require a SUP. Residential uses • Bed-and-breakfast facility • Boarding or rooming house • Residence hotel • Retirement housing (S) • Servant’s, caretaker’s or guard’s res. (S) Educational, institutional, and special uses • Child-care center (S) • Church, rectory, place of worship • Civic Center (S) • Registered family home (S) • Rest home or nursing home (S) • Community Center, public • Community Center, private • Continuing care facility • Fraternal organization, lodge, or civic club (S) • Health club, gymnasium • Library • Museum or art gallery • Nursery school, kindergarten (S) • Park, playground, or rec. center (public) • Park, playground, or rec. center (private) (S) • School, private (primary and/or secondary) • School, public (primary and/or secondary) • School, trade or commercial (S) • Stadium or playfield, public • Swimming pool, commercial (S) • Swimming pool, private (S) Transportation, utility, and communication uses • Electrical substation • Gas metering station (S) • Service yards of government agency (S) • Telephone exchange Automobile and related service uses • Auto parts sales (inside) • Auto repair, minor • Automobile service station • Car wash • Motorcycle sales and service (S) • Parking lot of parking garage, automobile • Quick oil change facility • Quick tune-up facility • Tire dealer (no outside storage) Office, retail, commercial, and service type uses • Amusement, commercial (indoor) (S) • Antique shop • Arcade (S) • Arts, crafts store (inside sales) • Bakery and confectionary, retail sales • Bakery and confectionery, commercial (S) • Bank, savings and loan, credit union • Barber shop • Beauty culture school, cosmetology spec. shop • Beauty shop • Metal dealer, crafted precious • Motel, motor hotel, motor lodge • Office center • Office, prof. or general administrative • Office – showroom/warehouse (S) • Personal service shop • Pet shop • Medical supplies, sales and service (S) • Pharmacy • Post Office, government • Bowling alley • Bldg. materials, hardware (inside storage) • Bldg. materials, hardware (outside storage) (S) • Cleaning and dyeing small shop (S) • Clinic, medical or dental • Convenience store • Custom personal service shop • Discount, variety, or department store • Drapery, needlework, or weaving shop • Feed and farm supply (inside sales/storage) (S) • Florist • Food and beverage store • Food store; grocery store • Furniture, appliance store (inside storage) • Furniture, appliance store (outside storage) (S) • Garden Center (retail sales) • General merchandise store • Gymnastic or dance studio • Handcraft shop • Hospital (acute care) • Hotel • Household appliance service and repair (S) • Laboratory, medical or dental • Landry and cleaning, selfservice • Massage therapy facility and private • Print shop (S) • Private clubs (S) • Racquetball facilities (S) • Restaurant or cafeteria, with drive-in or drivethrough service • Restaurant or cafeteria, without drive-in or drivethrough service • Restaurant, with drive-in service • Restaurant, with drivethrough service • Retail ice and dispensed water sales (S) • Retail shops and stores other than listed • Secondhand store, furniture/clothing (S) • Service, retail • Shopping center • Studio (photographer, musician, artist) • Studio for radio and television • Tanning salon • Taxidermist (S) • Theater (indoor) • Veterinarian clinic (no outside pens) (S) • Veterinarian clinic (outside pens) (S) • Washateria Manufacturing, storage and warehousing uses Accessory and incidental uses • Accessory building to main use • Construction yard • Garage, private • Swimming pool, private (S) (temporary) • Field or sales office, temporary • Wind energy system (S) The zoning amendment request is to allow additional uses of self-storage (miniwarehouse) and child-care center/nursery school, kindergarten on five acres of the total 18.8± acre tract. At the Monday, July 1, 2024, Planning & Zoning Commission meeting, the Commission voted 6-0 to recommend approval of the zoning request. Mayor Cain opened the public hearing at 6:58 PM. Billie Bell spoke about the need for a traffic light at the intersection of Rosamond Parkway and N. Powell Parkway. Mayor Cain closed the public hearing at 7:01 PM. MOTION: Mayor Pro Tem Carver moved to approve with a revision to the PD Zoning to exclude any Hotel-Motel Uses. Council Member Bills seconded. Motion carried 6-1. Council Member Miller opposed. 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. (Property rezoned under this ordinance is located at the northwest corner of Rosamond Parkway and N. Powell Parkway) b. Consider/Discuss/Action regarding the Shadowbend Commercial, Block A, Lots 1 -14, Concept Plan. (Planning Manager Lauren Mecke) The Concept Plan is associated with the zoning case and is contingent upon approval of the zoning case. The purpose for the Concept Plan is to show the conceptual layout and related site improvements and locations associated with the future commercial development. Self-Storage (mini-warehouse) on one lot, Daycare on one lot, Car Wash on one lot, Convenience Store with Fuel Pumps on one lot, Restaurants and Retail on nine lots on 18.8± acres located at the northwest corner of W. Rosamond Parkway and N. Powell Parkway. The Concept Plan complies with the zoning district's area regulations as requested by the zoning case. ISSUE: There is one lot, Tract 14, that is not meeting the frontage requirements of the Subdivision Regulations on the Concept Plan. §9.02.087 Lots (b) Minimum frontage on a public street. Each lot on a subdivision plat shall front onto a dedicated, improved public street, unless platted as an approved private street subdivision in accordance with these subdivision regulations. All lots shall have a minimum of 40 feet of frontage along the property line of a dedicated, improved street unless other provisions have been authorized under article 9.04 or an approved planned development district. At the Monday, July 1, 2024, Planning & Zoning Commission meeting, the Commission voted 6-0 to recommend approval of the Concept Plan with the waiver of the minimum frontage requirement for the detention lot (Lot 14) only when an access easement is provided to the lot. MOTION: Council Member Herndon moved to approve. Deputy Mayor Pro Tem Baker seconded. Motion carried 6-1. Council Member Miller opposed. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING SHADOWBEND COMMERCIAL, BLOCK A, LOTS 1-14, CONCEPT PLAN c. Conduct a Public Hearing/Consider/Discuss/Action on an Ordinance to annex 513 ± acres located at the southeast corner of County Road 1101 and County Road 289 in accordance with Development Agreement (Res. No. 2024-05-1621). Located within the Extraterritorial Jursidiction (ETJ) (Planning Manager Lauren Mecke) Liberty 800, LP, Jay P. and Irene C Janis, Janis Real Estate LLC, and The Thorton Family Trust have submitted petitions to annex 513± acres of land. City Council approved a Pre-annexation Development Agreement (Res. 2024-05-1621) for this tract of land on May 14, 2024. The development agreement contained a stipulation requiring the applicant to submit an annexation petition and annexation by the City within 90 days of the application. The Pre-annexation Development Agreement encompasses the services provided by the city including, but not limited to, water, sewer, and city road maintenance. The agreement also includes development standards for the property. Mayor Cain opened the public hearing at 7:09 PM. Ben Easaw, LeDawn Webb, Shawn Smith, and Stephen Smith spoke in opposition. Mayor Cain closed the public hearing at 7:21 PM. MOTION: Council Member Toten moved to approve. Council Member Bills seconded. Motion carried 6-1. Council Member Miller opposed. AN ORDINANCE ANNEXING THE HEREINAFTER DESCRIBED TERRITORY TO THE CITY OF ANNA, COLLIN COUNTY, TEXAS, AND EXTENDING THE BOUNDARY LIMITS OF SAID MUNICIPALITY SO AS TO INCLUDE SAID HEREINAFTER DESCRIBED PROPERTY WITHIN SAID MUNICIPAL CORPORATE LIMITS AND GRANTING TO ALL THE INHABITANTS OF SAID PROPERTY ALL THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING SAID INHABITANTS BY ALL OF THE ACTS, ORDINANCES, RESOLUTIONS, AND REGULATIONS OF SAID CITY AS SET FORTH HEREIN; PROVIDING A REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. d. Conduct a Public Hearing/Consider/Discuss/Action on a request to rezone and zone 1,035± acres generally located at the northwest and northeast corners of W. Rosamond Parkway and U.S. Highway 75 in accordance with Development Agreement (Res. No. 2024-05-1621). Zoned Planned Development (Ord. No. 537-2011) and located within the Extraterritorial Jurisdiction (ETJ). (Planning Manager Lauren Mecke) Request to rezone and zone a total of 1,035± acres generally located at the northwest and northeast corners of W. Rosamond Parkway and U.S. Highway 75 in accordance with Development Agreement (Res. No. 2024- 05-1621). Zoned Planned Development (Ord. No. 537-2011) and located within the Extraterritorial Jurisdiction (ETJ). The overall request conforms to the Comprehensive Plan but the Future Land Use Plan does call for larger single-family lots than is being proposed. The annexation and subsequent zoning of the property as proposed is consistent with the development agreement which the City Council approved on May 14, 2024 with Resolution number 2024-05-1621. The development standards identified in the development agreement match the requirements included in this zoning case. At the Monday, July 1, 2024, Planning & Zoning Commission meeting, the Commission voted 6-0 to recommend denial of the zoning request for reasons such as the small single-family lot sizes, request to allow telecommunications towers by right, unrestricted allowance for multi-family dwellings along the U.S. Highway 75 corridor, and waiving requirements of Article 9.07 (Tree Preservation). The development standards identified in the development agreement match the requirements included in this zoning case. Mayor Cain opened the public hearing at 7:34 PM. Alex Evans Terrell Culbertson, Matt Benton, Randy Atchley, Stuart Brown, Shannon Benton, Betty Sharp, Stephen Smith, and Billie Bell spoke in opposition. Kim Hoyt, Ted Hoyt, Bob Johnson, Dwayne Whisler, John Meow, Michael Earley, Audrey Earley, Sarah Kelley, Phillip Kelley, Kelly Teichman, Ryan Teichman, Steve Sweeney, Kim Sweeney, Kathryn Sears, Ginger French, Kara Paxton, and Jaime Paxton submitted a form in opposition. Mayor Cain closed the public hearing at 8:03 PM. Mayor Cain reopened the public hearing at 8:26 PM. MOTION: Mayor Pro Tem Carver moved to table, continuing the public hearing until August 13, 2024 at 6:00 PM at the Anna Municipal Complex,120 W 7th St, Anna, Tx 75409. Council Member Baker seconded. Motion carried 4-3. Council Member Toten, Council Member Bills, and Mayor Cain opposed. e. Conduct a public hearing regarding the levy of assessments on Improvement Area #1 of Meadow Vista Public Improvement District pursuant to Chapter 372, Texas Local Government Code, as amended. (Director of Economic Development Bernie Parker) Staff recommended that the City Council conduct a public hearing regarding the levy of assessments on Improvement Area #1 of Meadow Vista Public Improvement District pursuant to Chapter 372, Texas Local Government Code, as amended. Mayor Cain opened the public hearing at 8:27 PM. No comments were given. Mayor Cain closed the public hearing at 8:27 PM. f. Consider/Discuss/Action to consider adoption of an Ordinance of the City Council of the City Of Anna, Texas Accepting and Approving a Service And Assessment Plan and Assessment Roll for the Meadow Vista Public Improvement District; Making a Finding of Special Benefit to the Property in the District; Levying Special Assessments Against Property within the District and Establishing a Lien on Such Property; Providing for the Method of Assessment and the Payment of the Assessments in Accordance with Chapter 372, Texas Local Government Code, as amended, Providing Penalties and Interest on Delinquent Assessments, Providing for Severability, and Providing an Effective Date. (Director of Economic Development Bernie Parker) On June 11, 2024, the City Council approved a Resolution determining the costs of certain authorized improvements to be financed by The Meadow Vista Public Improvement District; approving a Preliminary Service and Assessment Plan, and calling a regular meeting and Public Hearing on July 9, 2024 to Consider an Ordinance levying assessments on property located in The Meadow Vista Public Improvement District. Now that The Meadow Vista Public Improvement District has been created, the next step is a Resolution approving the costs of authorized improvements, approving a Preliminary Service and Assessment Plan, and calling a Public Hearing to levy assessments. The City Council approved a Development Agreement with Bloomfield Homes on June 27, 2023, which stated that the city would use reasonable efforts to create a Public Improvement District (PID). Meadow Vista is a 763 SF lot development on 223 acres located along the future Hackberry Drive extension. On August 22nd, the City Council accepted the PID petition and set a public hearing for September 26. On September 26, 2023, the City Council passed and approved Resolution No. 2023- 09-1558 authorizing the establishment of the District in accordance with the PID Act, which authorization was effective upon the date the resolution was adopted in accordance with the provisions as required by the PID Act. The purpose of the District is to finance the Actual Costs of Authorized Improvements that confer a special benefit on approximately 223.154 acres located within the corporate limits of the City of Anna. Staff recommended that the City Council adopt an Ordinance of the City Council of the City Of Anna, Texas Accepting and Approving a Service And Assessment Plan and Assessment Roll for the Meadow Vista Public Improvement District; Making a Finding of Special Benefit to the Property in the District; Levying Special Assessments Against Property within the District and Establishing a Lien on Such Property; Providing for the Method of Assessment and the Payment of the Assessments in Accordance with Chapter 372, Texas Local Government Code, as amended, Providing Penalties and Interest on Delinquent Assessments, Providing for Severability, and Providing an Effective Date. The City will receive approximately $595,000 in PID fees, with the remaining amount being used as a credit to the developer for constructing the off-site Hackbery Drive extension. MOTION: Mayor Pro Tem Carver moved to approve. Council Member Toten seconded. Motion carried 7-0. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS ACCEPTING AND APPROVING A SERVICE AND ASSESSMENT PLAN AND ASSESSMENT ROLL FOR MEADOW VISTA PUBLIC IMPROVEMENT DISTRICT; MAKING A FINDING OF SPECIAL BENEFIT TO THE PROPERTY IN THE DISTRICT; LEVYING SPECIAL ASSESSMENTS AGAINST PROPERTY WITHIN THE DISTRICT AND ESTABLISHING A LIEN ON SUCH PROPERTY; PROVIDING FOR THE METHOD OF ASSESSMENT AND THE PAYMENT OF THE ASSESSMENTS IN ACCORDANCE WITH CHAPTER 372, TEXAS LOCAL GOVERNMENT CODE, AS AMENDED, PROVIDING PENALTIES AND INTEREST ON DELINQUENT ASSESSMENTS, PROVIDING FOR SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE. g. Consider/Discuss/Action on the adoption of an Ordinance Authorizing the Issuance of the "City of Anna, Texas, Special Assessment Revenue Bonds, Series 2024 (Meadow Vista Public Improvement District Improvement Area #1 Project)" in a Principal Amount not to Exceed $13,897,149 Payable From Special Assessments to Fund Public Improvements in Improvement Area #1 Of Meadow Vista Public Improvement District; Approving and Authorizing an Indenture of Trust, a Bond Purchase Agreement, a Limited Offering Memorandum, a Continuing Disclosure Agreement and other Agreements and Documents in Connection therewith; Making Findings with Respect to the Issuance of Such Bonds; and Providing an Effective Date. (Director of Economic Development Bernie Parker) On June 11, 2024, the City Council approved a Resolution determining the costs of certain authorized improvements to be financed by The Meadow Vista Public Improvement District; approving a Preliminary Service and Assessment Plan, and calling a regular meeting and Public Hearing on July 9, 2024 to Consider an Ordinance levying assessments on property located in The Meadow Vista Public Improvement District. Now that The Meadow Vista Public Improvement District has been created, the next step is a Resolution approving the costs of authorized improvements, approving a Preliminary Service and Assessment Plan, and calling a Public Hearing to levy assessments. The City Council approved a Development Agreement with Bloomfield Homes on June 27, 2023, which stated that the city would use reasonable efforts to create a Public Improvement District (PID). Meadow Vista is a 763 SF lot development on 223 acres located along the future Hackberry Drive extension. On August 22nd, the City Council accepted the PID petition and set a public hearing for September 26. On September 26, 2023, the City Council passed and approved Resolution No. 2023- 09-1558 authorizing the establishment of the District in accordance with the PID Act, which authorization was effective upon the date the resolution was adopted in accordance with the provisions as required by the PID Act. The purpose of the District is to finance the Actual Costs of Authorized Improvements that confer a special benefit on approximately 223.154 acres located within the corporate limits of the City of Anna. Staff recommended that the City Council adopt an Ordinance Authorizing the Issuance of the "City of Anna, Texas, Special Assessment Revenue Bonds, Series 2024 (Meadow Vista Public Improvement District Improvement Area #1 Project)" in a Principal Amount not to Exceed $13,897,149 Payable From Special Assessments to Fund Public Improvements in Improvement Area #1 Of Meadow Vista Public Improvement District; Approving and Authorizing an Indenture of Trust, a Bond Purchase Agreement, a Limited Offering Memorandum, a Continuing Disclosure Agreement and other Agreements and Documents in Connection therewith; Making Findings with Respect to the Issuance of Such Bonds; and Providing an Effective Date. The City will receive approximately $595,000 in PID fees, with the remaining amount being used as a credit to the developer for constructing the off-site Hackbery Drive extension. MOTION: Council Member Herndon moved to approve. Deputy Mayor Pro Tem Baker seconded. Motion carried 7-0. AN ORDINANCE AUTHORIZING THE ISSUANCE OF THE "CITY OF ANNA, TEXAS, SPECIAL ASSESSMENT REVENUE BONDS, SERIES 2024 (MEADOW VISTA PUBLIC IMPROVEMENT DISTRICT IMPROVEMENT AREA #1 PROJECT)" IN A PRINCIPAL AMOUNT NOT TO EXCEED $13,897,149 PAYABLE FROM SPECIAL ASSESSMENTS LEVIED UPON IMPROVEMENT AREA #1 OF MEADOW VISTA PUBLIC IMPROVEMENT DISTRICT TO FUND PUBLIC IMPROVEMENTS IN SAID DISTRICT; APPROVING AND AUTHORIZING AN INDENTURE OF TRUST, A BOND PURCHASE AGREEMENT, A LIMITED OFFERING MEMORANDUM, A CONTINUING DISCLOSURE AGREEMENT AND OTHER AGREEMENTS AND DOCUMENTS IN CONNECTION THEREWITH; MAKING FINDINGS WITH RESPECT TO THE ISSUANCE OF SUCH BONDS; AND PROVIDING AN EFFECTIVE DATE h. Acting as the Anna Public Facility Corporation Board of Directors, Consider/Discuss/Action on appointment of officer positions. (City Secretary Carrie Land) The Anna Public Facility Corporation (APFC) was created in 2021 by the City of Anna and operates pursuant to Chapter 303, Local Government Code, for the purpose of assisting the City in the financing, refinancing, or providing public facilities. The APFC provides for the acquisition, construction, rehabilitation, renovation, repair, and furnishings of public facilities in the City. The APFC may also serve as an additional bond issuer to significantly expand its access to private activity bond cap for financing affordable housing in the City of Anna. The Public Facility Corporation (PFC) structure is a tool to promote the development of high-quality, mixed-income housing in Texas. Created as an economic development tool, PFCs provide workforce housing for middle- income families that are not currently served by housing tax credits or market-rate developments, while also stimulating growth and revitalization in targeted areas. The City Council appointed officer positions to the Anna Public Facility Corporation. The City Council serves as the Directors of the corporation. MOTION: Board Member Toten moved to appoint Stan Carver as President, Elden Baker as Vice President, Jody Bills as Secretary, and Kelly Herndon as Treasurer. Board Member Baker seconded. Motion carried 7- 0. i. Acting as the Anna Housing Financial Corporation Board of Directors, Consider/Discuss/Action on appointment of officer positions. (City Secretary Carrie Land) The Anna Housing Finance Corporation (AHFC) was created in 2021 by the City of Anna and operates pursuant to Chapter 394, Local Government Code, as amended. The AHFC plays a key role in the financing of affordable rental housing developments in the City through the issuance of tax-exempt private activity bonds that are typically also financed with the Low-Income Housing Tax Credits (LIHTCs). The primary function of the AHFC is to issue single-family and multi-family bonds for the financing of reasonably priced housing. The City Council appointed officer positions to the Anna Housing Finance Corporation. The City Council serves as the Directors of the corporation. MOTION: Board Member Toten moved to appoint Stan Carver as President, Elden Baker as Vice President, Jody Bills as Secretary, and Kelly Herndon as Treasurer. Board Member Bills seconded. Motion carried 7-0. j. Consider/Discuss/Action on appointment of Diversity and Inclusion Commission. (City Secretary Carrie Land) At a previous council meeting, the Council appointed members to the Parks Advisory Board, P&Z Commission, and EDC/CDC Board. The City Council appointed community neighbors to the Diversity and Inclusion Commission. MOTION: Council Member Toten moved to appoint Susan Easaw, and Nicole Hunt. Deputy Mayor Pro Tem Baker seconded. Motion carried 7-0. MOTION: Council Member Toten moved to reappoint Elijah Nelms and Yoshanda Sims and appoint Jonan Foster. Council Member Herndon seconded. Motion carried 7-0. Moved to Item 10. k. Consider/Discuss/Action on appointment of the Diversity and Inclusion Commission's Council Liaison. (City Secretary Carrie Land) The Diversity and Inclusion Commission is the remaining board in which a council member will need to be assigned as the liaison. Previously, Council took action to appoint Council Members Toten as the Parks and Advisory Board liaison, Kelly Herndon as the Planning and Zoning Commission liaison, and Jody Bills as the EDC/CDC Board liaison. Each board and commission has a Council member appointed to serve as the liaison, to attend meetings and report back to the rest of the council the actions and directions of the respective board. MOTION: Deputy Mayor Pro Tem Baker moved to appoint Council Member Miller as the Diversity and Inclusion Commission's Council Liaison. Mayor Pro Tem Carver seconded. Motion carried 7-0. l. Consider/Discuss/Action on filling a vacancy on the Planning and Zoning Commission. (City Secretary Carrie Land) Kelly Patterson - Herndon was elected to City Council, leaving a vacancy on the P&Z. Place 5 is currently vacant. This item filled a partial term set to expire in 2025. MOTION: Council Member Toten moved to appoint Tom Longmire to the Planning and Zoning Commission. Council Member Herndon seconded. Motion carried 7-0. 8. Closed Session (Exceptions). Under Tex. Gov't Code Chapter 551, the City Council may enter into Closed Session to discuss any items listed or referenced on this Agenda under the following exceptions: a. Consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov’t Code §551.071). b. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov’t Code §551.072). c. Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov’t Code §551.087). d. Discuss or deliberate personnel matters (Tex. Gov’t Code §551.074). City Council, Boards and Commissions MOTION: Mayor Pro Tem Carver moved to enter closed session. Council Member Herndon seconded. Motion carried 7-0. Mayor Cain recessed the meeting at 8:45 PM. Mayor Cain reconvened the meeting at 9:41 PM. Went back to item 7.j. 9. Consider/Discuss/Action on any items listed on any agenda - work session, regular meeting, or closed session - that is duly posted by the City of Anna for any City Council meeting occurring on the same date as the meeting noticed in this agenda. No action taken. 10. Adjourn. Mayor Cain adjourned the meeting at 9:42 PM. Approved on the 23rd day of July 2024. ______________________________ ATTEST: Mayor Pete Cain ______________________________ City Secretary Carrie Land Item No. 6.b. City Council Agenda Staff Report Meeting Date: 7/23/2024 Staff Contact: Terri Doby AGENDA ITEM: Review Monthly Financial Report for the Month Ending June 30, 2024. (Budget Manager Terri Doby) SUMMARY: The City of Anna's financial policies require the publication of a financial report monthly. This report covers the financial performance for Fiscal Year 2024 through June 30, 2024. Enclosed in the report is an executive dashboard that provides a high level look at major funds along with detailed reporting of sales tax collections. The financial condition of the City remains strong and the reported funds adhere to fund balance requirements. FINANCIAL IMPACT: Information only. BACKGROUND: The FY2024 Budget was adopted on September 12, 2023. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Excellent. ATTACHMENTS: 1. FY2024 City Council Monthly Financial Report June Positive Positive variance compared to historical trends Warning Negative variance of 3%-5% compared to historical trends Negative Negative variance of >5% compared to historical trends FY2024 FY2024 % Budget YTD REVENUES General Fund Property Taxes 11,191,000$ 11,233,758$ 100%Property taxes are due in Jan. Sales Tax 4,293,000 3,361,443 78%Reflects eight month of remittances Franchise and Local Taxes 825,000 720,790 87%Franchise fees are collected quarterly. Charges for Services 730,000 1,059,204 145%Rental registrations are collected once per year. Fines 300,000 352,168 117% Permits, Licenses and Fees 4,330,000 4,775,973 110% Investment Income 500,000 858,789 172% Other Revenues 37,000 153,133 414% Revenue Total 22,206,000$ 22,515,258$ 101%With 75% of the year expired, revenues recorded in the General Ledger are at 101% of budget. EXPENDITURES General Fund Expense Total 22,205,696$ 17,111,659$ 77%With 75% of the year expired, expenses are 7% of budget. . Utility Fund REVENUES Water Sales 10,846,000$ 7,451,157$ 69%Water sales are reflecting a rainy spring and a timing lag for billing. Wastewater Charges 7,718,000 5,760,458 75% Sanitation Revenue 2,300,000 2,614,958 114%Reflects higher than projected number of accounts. Other Charges for Services 628,570 1,002,289 159% Permits, Licenses and Fees 1,522,000 309,047 20% Investment Income 302,000 585,219 194% Other Revenues 600 33,866 5644% Utility Fund Total 23,317,170$ 17,756,994$ 76%With 75% of the year expired, revenues recorded in the General Ledger are at 76% of budget. EXPENDITURES Utility Fund Expense Total 21,547,935$ 18,183,700$ 84% With 75% of the year expired, expenses are 84% of budget; included are several one-time expenses including debt service payments. Increased number of sanitation accounts will be offset by increased revenues. CITY OF ANNA GENERAL & UTILITY FUNDS DASHBOARD Through June 30, 2024 Favorable / Unfavorable % Change 2023-24 Collections from 2022-23 Collections Monthly Prior Year Monthly October 655,358$ 25.5% 522,386$ November 695,026 28.0% 542,873 December 768,837 23.5% 622,388 January 566,981 24.8% 454,358 February 621,381 34.2% 463,016 March 723,838 19.5% 605,483 April 647,636 17.4% 551,653 May 699,251 18.1% 591,858 June 634,824 July 600,214 August 656,241 September 707,590 5,378,308$ 6,952,884$ Budget: 6,753,000 79.6% 6,753,100 CITY OF ANNA Schedule of Sales Tax Collections For the month May 31, 2024 $0 $100,000 $200,000 $300,000 $400,000 $500,000 $600,000 $700,000 $800,000 $900,000 Monthly Sales Tax Collections: 3 Year Comparison FY2021-22 FY2022-23 FY2023-24 Fiscal Year 2023-24 Fiscal Year 2022-23 Monthly Monthly October 56 1 November 44 39 December 57 17 January 150 16 February 170 32 March 172 129 April 174 124 May 114 72 June 82 July 179 August 119 September 44 937 854 % Budget FY2024 Budget: 800 117.1% CITY OF ANNA Building Permits Issued Thru the month May 31, 2024 0 20 40 60 80 100 120 140 160 180 200 Monthly Building Permits Received: 2 Year Comparison FY2022-23 FY2021-22 Item No. 6.c. City Council Agenda Staff Report Meeting Date: 7/23/2024 Staff Contact: Marc Marchand AGENDA ITEM: Review minutes for the May 20, 2024, and June 17, 2024, Parks Advisory Board Meetings. (Director of Neighborhood Services Marc Marchand) SUMMARY: Review minutes for the May 20, 2024, and June 17, 2024, Parks Advisory Board Meetings. FINANCIAL IMPACT: Not applicable BACKGROUND: The Parks Advisory Board met on May 20, 2024, and June 17, 2024. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Excellent. ATTACHMENTS: 1. May 20, 2024 Parks Advisory Board Minutes 2. June 17, 2024 Parks advisory Board Meeting Minutes (Approved)pdf Item No. 7.a. City Council Agenda Staff Report Meeting Date: 7/23/2024 Staff Contact: Lauren Mecke AGENDA ITEM: Continue a Public Hearing/Consider/Discuss/Action on an Ordinance to rezone 20.5± acres located on the west side of N. Powell Parkway, 730 ± feet south of CR 373, from SF-E Single-Family Residential - Large Lot to Multi-Family (MF) & Regional Commercial (C-2). (Planning Manager Lauren Mecke) SUMMARY: This item needs to be removed from the table. On June 25, 2024, the City Council voted to hold open the Public Hearing and table the item to the July 23, 2024, City Council meeting. The applicant is requesting to rezone 20.5± acres from SF-E Single-Family Residential - Large Lot to Multi-Family (MF) & Regional Commercial (C-2) for future multi-family and commercial development. REMARKS: The Multi-Family Residential (MF) district provides for high-density residential development, targeting well-designed multi-family uses serving as a transition between medium-density residential development and commercial nodes. This district encourages multi-family uses with site development characteristics that accommodate open space and access to light and air. The Regional Commercial (C-2) district provides for medium- to large-scale development of retail, service, entertainment, and office necessary for a regional market. This district primarily facilitates commercial development, like big box and anchor retailers and intensive shopping strip centers that are automobile oriented and generate high traffic counts. The Anna 23, Concept Plan associated with this request is included as an item in this agenda. Surrounding Land Uses and Zoning Direction Land Use Zoning Future Land Use Plan Place Type Designation North Civic Center (Public I-1 and PD (Ord. No. Works Building) Vacant land 485-2010) ETJ Ranching & Agriculture East Daycare SF-E Ranching & Agriculture South Self-Storage PD (Ord. No. 554-2011) Manufacturing & Warehouse West Vacant land ETJ. Development Agreement for Anacapri – North (Res. No. 2024- 04-1618) Ranching & Agriculture Conformance with the Anna 2050 Comprehensive Plan At the June 25, 2024 Council Meeting, City Council approved amending the Future Land Use Plan to Regional Activity Center. The zoning request is in conformance with the Regional Activity Center Place Type. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: At its June 3, 2024 meeting, the Planning & Zoning Commission recommended approval by a vote of 6-0. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Unique. ATTACHMENTS: 1. Anna 23 Zoning Locator Map 2. Ordinance (Zoning) Anna 23 3. Exhibit 1A 4. Exhibit 1B 5. Exhibit 2 6. PZ - STAFF REPORT (Zoning) Anna 23 GREENMEADOWS DRCEDARVIEWCOUNTY ROAD 1106 N POWELL PKWY COUNTY ROAD 373 BOWE N S T ABERDEEN DR KYLESTTHOUSANDOAKSDRW Y N D S O R T R L SAXON TRL BRYSON DR ASHLEY LNCOLLIN S TBENTLEY TRLGREYMOOREDRN STATE H IGHWAY 5BENTCREEKDRBUTLER ST Copyright nearmap 2015 Subject Property 200' Notice Boundary City Limits ETJ ¯ 0 400 800200 Feet May 2024 H:\Notification Maps\Notification Maps\ Zoning - Anna 23 Page 1 of 2 CITY OF ANNA, TEXAS (Property rezoned under this ordinance is located on the west side of N. Powell Parkway, 1,010± feet north of Butler 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 1A and Exhibit 1B (“Property”) attached hereto and incorporated herein for all purposes as if set forth in full; and WHEREAS, said Property located on the west side of N. Powell Parkway, 1,010± feet north of Butler Street being rezoned from SF-E Single-Family Residential - Large Lot to Multi-Family (MF) & Regional Commercial (C-2); 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 from SF-E Single-Family Residential - Large Lot to Multi-Family (MF) & Regional Commercial (C- 2) District zoning, as depicted in the Concept Plan on the attached Exhibit 2. Page 2 of 2 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 23rd day of July, 2024. ATTESTED: APPROVED: ________________________________ _________________________ Carrie L. Land, City Secretary Pete Cain, Mayor Page 1 of 2 ZONING DESCRIPTION ANNA PKWY DEVELOPMENT, LLC 8.09 ACRES BEING a 8.09 acre tract of land situated in the Z. F. Lester Survey, Abstract Number 546 Collin County, Texas and being part of a tract of land described as “Tract 1” and “Tract 2” being all of Lot 1 and Lot 2 of Block B, Walnofer Addition, an addition to Collin County recorded in Volume P, Page 297 in deed to Anna Pkwy Development, LLC recorded in Instrument Number 20180702000822980, all of the Official Public Records of Collin County, Texas (O.P.R.C.C.T) and being more particularly described as follows: BEGINNING at the northeast corner of said Tract 1, being in the west right-of-way line of State Highway Number 5 (a variable width right-of-way) and the southeast corner of Lot 1, Block A of Anna Public Works Addition, an addition to Collin County recorded in Instrument Number 20080916010003300 O.P.R.C.C.T.; THENCE South 22° 14' 00" East, 814.12 feet with the east lines of said Tract 1, Tract 2 and said Lot 1 Block B Walnofer Addition to the southeast corner of said Tract 2 and said Lot 1, Block B, being the northeast corner of Lot 2, Block A of said Walnofer Addition; THENCE North 88° 58' 05" West, 238.99 feet departing said right-of-way line, with the common north line of said Lot 2, Block A and the south line of said Tract 2 and Lot 1 Block B; THENCE South 01° 01' 55" West, 15.00 feet, continuing with said common line; THENCE North 88° 58' 05" West, continuing with said common line and passing at a distance of 244.43 feet the southwest corner of said Lot 1, Block B and continuing with the south line of said Tract 2 and said Lot 2, Block B and the north line of said Lot 2, Block A, a total distance of 384.56 feet; THENCE North 00° 55' 09" East, 763.09 feet departing the south line of said Tract 2 and said Lot 2, Block B and the north line of said Lot 2, Block A, over and across said Tract 2 and said Lot 2, Block B and said Tract 1 to the north line of said Tract 1, being the south line of said Lot 1, Block A of Anna Public Works Addition; THENCE South 88° 56' 09" East, 303.49 feet with the north line of said Tract 1 and the south line of said Lot 1, Block A to the POINT OF BEGINNING and containing 352,481 square feet or 8.092 acres more or less. PART OFTRACT 1CALLED 15.528 ACRESANNA PKWY DEVELOPMENT, LLCINST. NO. 20180702000822980PART OFTRACT 2ANNA PKWY DEVELOPMENT, LLCINST. NO. 201807020008229808.09± ACRESAPPROXIMATE LOCATIONABSTRACT LINEPOINT OFBEGINNINGSTATE HIGHWAY NO. 5(VARIABLE WIDTH RIGHT-OF-WAY)54.43569.65244.43S88°56'09"E 303.49S22°14'00"E 814.12238.99N88°58'05"W15.00S01°01'55"W384.56N88°58'05"WN00°55'09"E 763.09 N:\0050926.00\06 CAD\DWG\SURVEY C3D\0050926.00_ZONING EXHIBIT EAST.DWG 0'200'400'© 2024 Westwood Professional Services, Inc.Common Ground AllianceCall 48 Hours before digging:811 or call811.comANNA, TEXAS2 OF 2BEING PART OF A CALLED 15.528ACRE TRACT AND PART OF LOT 1,AND LOT 2, BLOCK B, WALNOFERADDITION AND BEING LOCATEDIN THE Z.F. LESTER SURVEY,ABSTRACT NO. 546, COLLINCOUNTY, TEXASZONING EXHIBIT8.09± ACRESZONING EXHIBIT CITY OF ANNAPAGE NO.PROJECT NUMBER: 0050926.00Phone(214) 473-46402901 Dallas Parkway, Suite 400Toll Free(888) 937-5150Plano, TX 7509303/25/24This exhibit and the description attached were prepared usingrecord documents. No field work was collected ormonumentation verified on the ground.JASON B. ARMSTRONG RPLS NO. 5557TEXAS REGISTERED PROFESSIONAL LAND SURVEYORCALLED 2.30 ACRE, TEJAS LAND HOLDINGS LLC, INST. NO. 20200305000323160CALLED 3.10 ACRE, TEJAS LAND HOLDINGS LLC, INST. NO. 20200305000323170AB"This document was prepared under 22 Texas Administrative Code 138.95, does not reflect the resultsof an on the ground survey, and is not to be used to convey or establish interests in real property exceptthose rights and interests implied or established by the creation or reconfiguration of the boundary ofthe political subdivision for which it was prepared."TBPE FIRM REGISTRATION NO. F-11756TBPLS FIRM REGISTRATION NO. F-100743011" = 200'CITY OF ANNA(NOT TO SCALE)VICINITY MAPWINDHAM37611063725371377THOUSAND OAKS BUTLERSITEN. POWELL PKWY. Page 1 of 2 ZONING DESCRIPTION ANNA PKWY DEVELOPMENT, LLC 15.10 ACRES BEING a 15.10 acre tract of land situated in the Z. F. Lester Survey, Abstract Number 546 and the James C. Burge Survey, Abstract Number 106, Collin County, Texas and being part of a tract of land described as “Tract 1” and “Tract 2” in deed to Anna Pkwy Development, LLC recorded in Instrument Number 20180702000822980, all of the Official Public Records of Collin County, Texas (O.P.R.C.C.T) and being part of Lot 2 of Block B, Walnofer Addition, an addition to Collin County recorded in Volume P, Page 297 O.P.R.C.C.T. and being more particularly described as follows: COMMENCING at the northeast corner of said Tract 1, being in the west right-of-way line of State Highway Number 5 (a variable width right-of-way) and the southeast corner of Lot 1, Block A of Anna Public Works Addition, an addition to Collin County recorded in Instrument Number 20080916010003300 O.P.R.C.C.T.; THENCE North 88°56’09” West, 303.49 feet departing said west right-of-way line, with the north line of said Tract 1 and the south line of said Lot 1, Block A to the POINT OF BEGINNING; THENCE South 00° 55' 09" West, 763.09 feet departing the north line of said Tract 1 and the south line of said Lot 1, Block A over and across said Tract 1, Tract 2 and said Lot 2, Block B to the south line of said Tract 2 and Lot 2, Block B being the north line of Lot 2, Block A of Walnofer Addition, an addition to Collin County recorded in Volume P, Page 297 O.P.R.C.C.T.; THENCE North 88° 58' 05" West, 865.30 feet with the south line of said Tract 2 and said Lot 2, Block B and the north line of said Lot 2, Block A to the southwest corner of said Tract 2 and said Lot 2, Block B, being the northwest corner of said Lot 2, Block A and being in the east line of a called 68.01 acre tract of land described in deed to Anacapri Laguna Azure, LLC recorded in Instrument Number 2022000084315 O.P.R.C.C.T.; THENCE North 01° 24' 55" East, 239.60 feet with the west line of said Tract 2 and said Lot 2, Block B and the east line of said 68.01 acre tract to the northwest corner of said Tract 1 and said Lot 2, Block B and the southwest corner of said Tract 1; THENCE North 01° 31' 15" East, 524.00 feet continuing with the west line of said Tract 1, and the east line of said 68.01 acre tract to the northwest corner of said Tract 1, being the southwest corner of a called 2.30 acre tract of land described in deed to Tejas Land Holdings LLC, recorded in Instrument Number 20200305000323160 O.P.R.C.C.T.; THENCE South 88° 56' 09" East, departing the east line of said 68.01 acre tract, with the north line of said Tract 1 and the south line of said 2.30 acre tract, passing at a distance of 148.99 feet the southeast corner of said 2.30 acre tract, being the southwest corner of a called 3.10 acre tract of land described in deed to Tejas Land Holdings LLC, recorded in Instrument Number 20200305000323170 O.P.R.C.C.T. and continuing with the north line of said Tract 1 and the south line of said 3.10 acre tract passing at an additional 201.16 feet, the southeast corner of said 3.10 acre tract, being the southwest corner of the aforementioned Lot 1, Block A, Anna Public Works Addition, and continuing with the north line of said Tract 1 and the south line of said Lot 1, Block A, for a combined total distance of 857.72 feet to the POINT OF BEGINNING and containing 657,732 square feet or 15.099 acres more or less. PART OFTRACT 1CALLED 15.528 ACRESANNA PKWY DEVELOPMENT, LLCINST. NO. 20180702000822980PART OFTRACT 2ANNA PKWY DEVELOPMENT, LLCINST. NO. 2018070200082298015.10± ACRESAPPROXIMATE LOCATIONABSTRACT LINEPOINT OFBEGINNINGSTATE HIGHWAY NO. 5(VARIABLE WIDTH RIGHT-OF-WAY)201.16148.99N88°58'05"W 865.30239.60N01°24'55"E N01°31'15"E 524.00 S88°56'09"E 857.72S00°55'09"W 763.09 303.49N88°56'09"WPOINT OFCOMMENCINGN:\0050926.00\06 CAD\DWG\SURVEY C3D\0050926.00_ZONING EXHIBIT WEST.DWG © 2024 Westwood Professional Services, Inc.Common Ground AllianceCall 48 Hours before digging:811 or call811.comANNA, TEXAS2 OF 2BEING PART OF A CALLED 15.528ACRE TRACT AND PART OFLOT 2, BLOCK B, WALNOFERADDITION AND BEING LOCATEDIN THE Z.F. LESTER SURVEY,ABSTRACT NO. 546, JAMES C.BURGE SURVEY, ABSTRACT NO.106, COLLIN COUNTY, TEXASZONING EXHIBIT15.10± ACRESZONING EXHIBIT CITY OF ANNAPAGE NO.PROJECT NUMBER: 0050926.0003/25/24This exhibit and the description attached were prepared usingrecord documents. No field work was collected ormonumentation verified on the ground.JASON B. ARMSTRONG RPLS NO. 5557TEXAS REGISTERED PROFESSIONAL LAND SURVEYORCALLED 2.30 ACRE, TEJAS LAND HOLDINGS LLC, INST. NO. 20200305000323160CALLED 3.10 ACRE, TEJAS LAND HOLDINGS LLC, INST. NO. 20200305000323170AB"This document was prepared under 22 Texas Administrative Code 138.95, does not reflect the resultsof an on the ground survey, and is not to be used to convey or establish interests in real property exceptthose rights and interests implied or established by the creation or reconfiguration of the boundary ofthe political subdivision for which it was prepared."Phone(214) 473-46402901 Dallas Parkway, Suite 400Toll Free(888) 937-5150Plano, TX 75093TBPE FIRM REGISTRATION NO. F-11756TBPLS FIRM REGISTRATION NO. F-100743010'200'400'1" = 200'CITY OF ANNA(NOT TO SCALE)VICINITY MAPWINDHAM37611063725371377THOUSAND OAKS BUTLERSITEN. POWELL PKWY. 20' UTILITYEASEMENT80' ROW GATED ENTRY/ EXIT 440' TO NEAREST DR IVEWAY282' TO NEAREST DR IVEWAY775' TO CR 373 x POWELL PARKWAY INTERSECT ION282' TO NEAREST DR IVEWAY705' TO CR 373 x FUTURE WEST CROSSING BOULEVARD INTERSECTIONGATED ENTRY/EXIT 26' FIRE LANE 26' FIRELANE755 7517527 5 3 75 4 756757758 753754752 753 754 7 5 5 756 755 754753752 752751754756 755754753753 7 5 0 7497 5 1 752 75 3765 STREAM PER NWI DATASET 50' MUTUAL ACCESS & UTILITY EASEMENTR30'R 3 0 'R3 0'R30'R 30'R3 0'R30'R3 0'R 30'R3 0 ' R 30'R3 0'R30'R 30'R3 0' R 30'R 30'R30 'R 3 0 'R3 0' R 3 0 ' R 30'R30'R30'R30'R30'R30'R3 0'R30'R 3 0'R30 'R 3 0'R3 0'R 30'R3 0 'R30'R30'R 30' R30' R 30'R30'R3 0'R30'R30'R30'R30 'R3 0 'R30'24' FIRELANE24' FIR E LANE 30' F IRELANE30' FIRE LANE 30' FIRE LANE 24' FIRELANE26' FIRE LANE 26' FIRE LANE26' FIRELANE26' FIRELANE26' FIRELANE26' FIRE LANE 26' FIRE LANE 26' FIRE LANE 26' FIRE LANE 24' FIRELANE24' FIRELANE24' FIRELANE24' FIRE LANE 24' FIR E LANE 24' FIR E LANE24' F IRELANE24' F IRELANE 24' FIRELANE30' FIRELANE24' FIRE LANE 24' FIRE LANE TEXAS STATE H IGHWAY NO . 5 PROPERTY ID: 2647351 LEGAL: ANNA PUBLIC WORKS ADDITION (CAN), BLK A, LOT 1 OWNER: ANNA CITY OF LAND USE: INSTITUTIONAL - CITY PROPERTY ID: 1007591 LEGAL: ABS A0546 Z F LESTER SURVEY, TRACT 2, 3.1 ACRES OWNER: TEJAS LAND HOLDINGS LLC D/B/A TEJAS LAND HOLDINGS LLC - SERIES E LAND USE: AGRICULTURAL/UNDEVELOPED PROPERTY ID: 2800931 LEGAL: ABS A0106 J C BURGE SURVEY, TRACT 1, 68.01 ACRES OWNER: ANACAPRI LAGUNA AZURE LLC LAND USE: AGRICULTURAL/UNDEVELOPED PROPERTY ID: 2534974 LEGAL: WALNOFER ADDITION, BLK A, LOT 2 OWNER: CASTLEROCK INTERESTS #5 LLC LAND USE: REAL COMMERCIAL PROPERTY ID: 2534972 LEGAL: WALNOFER ADDITION, BLK A, LOT 1 OWNER: CASTLEROCK INTERESTS #5 LLC LAND USE: REAL OFFICE COMMERCIALFUTURE WEST CROSSING BOULEVARDPROPERTY ID: 1001418 LEGAL: ABS A0106 J C BURGE SURVEY, TRACT 7, 2.3 ACRES; SN1: EMHOK12041, HUD1: TRA0185265 OWNER: TEJAS LAND HOLDINGS LLC D/B/A TEJAS LAND HOLDINGS LLC - SERIES D LAND USE: AGRICULTURAL/UNDEVELOPED POOL COURTYARDOFFICE & AMENITY CENTER OPEN SPACE & DETENTION BUILDING 1 3 STORIES 34 UNITS BUILDING 2 3 STORIES 34 UNITS BUILDING 5 3 STORIES 50 UNITS BUILDING 4 3 STORIES 50 UNITS BUILDING 6 3 STORIES 32 UNITS BUILDING 7 3 STORIES 32 UNITS BUILDING 3 3 STORIES 34 UNITS BUILDING 8 3 STORIES 34 UNITS RETAIL 1 RETAIL 2RESTAURANT 1 RETAIL 1 RETAIL 2 GROCERY 1 RETAIL 125' BUILDINGSETBACK25' BUILDING SETBACK 25' BUILDINGSETBACK120' R O W 25' LA N D S C A P E BUFFE R25' LANDSCAPE BUFFER 25' BUILDING SETBACK 25' LANDSCAPE BUFFER 30'31' 3 0 '31'30'14'30'R30' R 3 0 'PROPERTY ID: 2721038 LEGAL: ABS A0546 Z F LESTER SURVEY, TRACT 10, 1.923 ACRES OWNER: MARSKY GROUP LLC LAND USE: COMMERCIAL LOT 4 BLOCK A ±15.16 AC. LOT 1 BLOCK A ±15.16 AC. LOT 2 BLOCK A ±15.16 AC. LOT 3. BLOCK A ±15.16 AC.R30'Plot Date/Time: 5/28/2024 10:24 AMN:\0050926.00\06 CAD\DWG\Site Design C3D\Civil_Plans\00509260.00-C-SITE-EXHIBTCONCEPT PLAN ANNA 23: MUTI-FAMILY OPTION 23.3 ACRES CITY OF ANNA, COLLIN COUNTY, TEXAS ABS A0106 J C BURGE SURVEY, TRACT 6, 1.792 ACRES; ABS A0546 Z F LESTER SURVEY, TRACT 6, 13.5359 ACRES; WALNOFER ADDITION, BLK B, LOT 2; WALNOFER ADDITION, BLK B, LOT 1 DATE: 05/28/2024 THE SITE PLAN IS FOR CITY REVIEW ONLY TO ILLUSTRATE COMPLIANCE WITH ZONING AND DEVELOPMENT REGULATIONS. IT IS NOT INTENDED FOR CONSTRUCTION PURPOSES. 0'180'120'60' PROPOSED FIRELANE ACCESSIBLE CROSSWALK PROP. ACCESSIBLE ROUTE NOTES: 1.ALL DIMENSIONS ARE TO FACE OF CURB, FACE OF WALL, FACE OF BUILDING, CENTER OF STRIPING, OR PROPERTY LINE UNLESS OTHERWISE NOTED. 2.REFER TO ARCHITECTURAL AND STRUCTURAL PLANS FOR BUILDING AND DUMPSTER ENCLOSURE LAYOUT AND DESIGN. 3.REFER TO LANDSCAPE PLANS FOR FENCE AND HARDSCAPE LAYOUT AND DESIGN. 4.ALL MECHANICAL EQUIPMENT, DUMPSTERS, ROOFTOP UNITS, ETC SHALL BE SCREENED IN COMPLIANCE WITH THE ZONING ORDINANCE. 5.ALL LIGHTING SHALL COMPLY WITH THE ZONING ORDINANCE. 6.ALL PROPOSED RAMPS TO FOLLOW THE ARCHITECTURAL BARRIERS TEXAS ACCESSIBILITY STANDARDS (TAS). 7.BEARINGS AND DISTANCES WERE CREATED FROM COUNTY PARCELS, NOT WITH SURVEY DATA. 8.MINIMUM SPACING BETWEEN BUILDINGS IS 10 FEET. 9.IN COMPLIANCE WITH FUTURE WEST CROSSINGS BLVD LISTED AS A MAJOR COLLECTOR (80' R.O.W.) AND STATE HIGHWAY 5 LISTED AS A MAJOR HIGHWAY (120' ROW). LEGEND PROPERTY LINE EASEMENT LINE REFUSE FACILITY COVERED PARKING CITY OF ANNA (NOT TO SCALE) VICINITY MAP WINDHAM376 1106 372 5 371 377 THOUSAND OAKSBUTLER SITE N. POWELL PKWY . 25' X 25' V.A.M. 25' X 25' V.A.M.25' X 25' V.A.M. EXISTING 50' DRIVEWAY EXISTING 40' DRIVEWAY SCALE: 1" = 60' EXHIBIT A2 Plot Date/Time: 5/28/2024 10:24 AMN:\0050926.00\06 CAD\DWG\Site Design C3D\Civil_Plans\00509260.00-C-SITE-EXHIBTTHE SITE PLAN IS FOR CITY REVIEW ONLY TO ILLUSTRATE COMPLIANCE WITH ZONING AND DEVELOPMENT REGULATIONS. IT IS NOT INTENDED FOR CONSTRUCTION PURPOSES. NOTES: 1.FOR TYPICAL PAVEMENT SECTIONS SEE SHEET ##. 2.REFER TO CITY OF _______ CONSTRUCTION STANDARD DETAILS FOR CONSTRUCTION NOTES AND STANDARD DETAILS. 3.THE CITY OF _______ DESIGN AND CONSTRUCTION STANDARDS APPLY WHETHER INDICATED ON THESE PLANS OR NOT. 4.REFER TO LANDSCAPE/HARDSCAPE PLANS FOR SIDEWALKS TO BE BUILT BY DEVELOPER. 5.ALL DIMENSIONS ARE TO BACK OF CURB UNLESS OTHERWISE NOTED ON PLANS. 6.ALL STREET CURB RETURNS ARE 20' RADIUS AND ALL ALLEY CURB RETURNS ARE 15' RADIUS UNLESS OTHERWISE NOTED ON PLANS. 7.ALL ELEVATIONS REFER TO TOP OF CURB UNLESS OTHERWISE NOTED. 8.BARRIER FREE RAMPS SHALL BE CONSTRUCTED BY PAVING CONTRACTOR. LEGEND KEY MAPN PROPOSED CURB INLET PROPOSED RAMP INDICATES SIDE OF LOT WHERE DRIVEWAY MUST BE LOCATED PROPOSED PAVEMENT PROPOSED SIDEWALK (DEVELOPER) PROPOSED SIDEWALK (HOME BUILDER CONCEPT PLAN ANNA 23: MUTI-FAMILY OPTION 23.3 ACRES CITY OF ANNA, COLLIN COUNTY, TEXAS ABS A0106 J C BURGE SURVEY, TRACT 6, 1.792 ACRES; ABS A0546 Z F LESTER SURVEY, TRACT 6, 13.5359 ACRES; WALNOFER ADDITION, BLK B, LOT 2; WALNOFER ADDITION, BLK B, LOT 1 DATE: 05/28/2024 SCALE: 1" = 60' Page 1 of 6 CITY OF ANNA Planning & Zoning Commission June 3, 2024 Zoning: Anna 23 Applicant: Anna Pkwy Development LLC DESCRIPTION: Conduct a Public Hearing/Consider/Discuss/Action on a request to amend the Future Land Use Designation Place Type in the Comprehensive Plan, annex and zone 2.5± acres and rezone 20.5± acres located on North Powell Parkway from SF-E Single-Family Residential - Large Lot to Multi-Family (MF) & Regional Commercial (C-2). REMARKS: The Multi-Family Residential (MF) district provides for high-density residential development, targeting well-designed multi-family uses serving as a transition between medium-density residential development and commercial nodes. This district encourages multi-family uses with site development characteristics that accommodate open space and access to light and air. The Regional Commercial (C-2) district provides for medium- to large-scale development of retail, service, entertainment, and office necessary for a regional market. This district primarily facilitates commercial development, like big box and anchor retailers and intensive shopping strip centers that are automobile oriented and generate high traffic counts. A Concept Plan, Anna 23, accompanies this request as Exhibit A. Surrounding Land Uses and Zoning North Civic Center (Public Works Building) zoned I-1 and PD (Ord. No. 485-2010) and vacant land in the ETJ East Across N Powell Parkway, Daycare zoned SF-E. South Self-Storage zoned PD (Ord. No. 554-2011) West Vacant land in the ETJ. Development Agreement (Res. No. 2024- 04-1618) Page 2 of 6 Conformance with the Anna 2050 Comprehensive Plan The Anna 2050 Future Land Use Plan identifies this area as Ranching & Agriculture and Community Commercial place types. The applicant is requesting to amend the Future Land Use Plan by changing the designation of this area to Regional Activity Center. On the following pages are the pages from the Comprehensive Plan for these place types. The Preferred Scenario Diagram identifies this property as Estate Residential and Community Commercial. The proposed MF zoning district does not conform to the Ranching & Agriculture nor Estate Residential place types but C-2 does conform to the Community Commercial place type. MF & C-2 conform to the Regional Activity Center place type. Page 3 of 6 Page 4 of 6 Page 5 of 6 Page 6 of 6 SUMMARY: Request to amend the Future Land Use Designation Place Type in the Comprehensive Plan, annex and zone 2.5± acres and rezone 20.5± acres located on North Powell Parkway from SF-E Single-Family Residential - Large Lot to Multi-Family (MF) & Regional Commercial (C-2). The request is not in conformance with the current Future Land Use Plan nor Preferred Scenario Diagram within the Anna 2050 Comprehensive Plan. The applicant is requesting a recommendation to amend the Future Land Use Plan for this area to be identified as Regional Activity Center. RECOMMENDATION: The Planning & Zoning Commission can choose to make one motion for both recommendations of the Comprehensive Plan and Zoning or make two separate motions. The Planning & Zoning Commission shall make a recommendation to City Council: (i) To approve the Comprehensive Plan amendment and rezoning, or (ii) To deny the Comprehensive Plan amendment and rezoning, or (iii) To approve the Comprehensive Plan amendment and approve the rezoning with conditions. Item No. 7.b. City Council Agenda Staff Report Meeting Date: 7/23/2024 Staff Contact: Lauren Mecke AGENDA ITEM: Consider/Discuss/Action on a Resolution approving the Anna 23, Concept Plan. (Planning Manager Lauren Mecke) SUMMARY: 300 Multi-Family Dwellings on one lot on 15.2± acres and Retail and Restaurants on 8.1± acres located on the west side of N. Powell Parkway, 1,010± feet north of Butler Street. The Concept Plan is associated with the zoning case and is contingent upon approval of the zoning case. The purpose for the Concept Plan is to show the conceptual layout and related site improvements and locations associated with the multi-family & commercial development. The Concept Plan complies with the zoning district's area regulations as requested by the zoning case. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: At the June 3, 2024, Planning & Zoning Commission meeting, the recommendation of the concept plan was for approval by a vote of 6-0. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Unique. ATTACHMENTS: 1. Anna 23 Concept Plan Locator Map 2. RESOLUTION - (CP) Anna 23 3. Exhibit A (CP) Anna 23 CEDARVIEWCOUNTY ROAD 373 SAXONTRL BRYSON DRN STATEHIGHWAY 5 COUNTY ROAD 1106 A B ERDEEN DR N POWELL PKWYGREYMOOREDRCopyright nearmap 2015 Subject Property City Limits ETJ ¯ 0 300 600150 Feet May 2024 H:\Notification Maps\Notification Maps\ Concept Plan - Anna 23 CITY OF ANNA, TEXAS RESOLUTION NO. _______________ A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE ANNA 23, 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 has adopted Article 9.02 (“Subdivision Regulation”) and Article 9.04 (“Zoning Ordinance”) of the Anna City Code of Ordinances; and WHEREAS, Anna Pkwy Development LLC have submitted an application for the approval of the Anna 23, Concept Plan; and WHEREAS, the Concept Plan conforms to the city’s Subdivision Regulations and Zoning Ordinance; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval of Concept Plan The City Council hereby approves the Anna 23, Concept Plan attached hereto as Exhibit A. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 23rd day of July, 2024. ATTEST: APPROVED: _____________________________ ______________________________ City Secretary, Carrie L. Land Mayor, Pete Cain 20' UTILITYEASEMENT80' ROW GATED ENTRY/ EXIT 440' TO NEAREST DR IVEWAY282' TO NEAREST DR IVEWAY775' TO CR 373 x POWELL PARKWAY INTERSECT ION282' TO NEAREST DR IVEWAY705' TO CR 373 x FUTURE WEST CROSSING BOULEVARD INTERSECTIONGATED ENTRY/EXIT 26' FIRE LANE 26' FIRELANE755 7517527 5 3 75 4 756757758 753754752 753 754 7 5 5 756 755 754753752 752751754756 755754753753 7 5 0 7497 5 1 752 75 3765 STREAM PER NWI DATASET 50' MUTUAL ACCESS & UTILITY EASEMENTR30'R 3 0 'R3 0'R30'R 30'R3 0'R30'R3 0'R 30'R3 0 ' R 30'R3 0'R30'R 30'R3 0' R 30'R 30'R30 'R 3 0 'R3 0' R 3 0 ' R 30'R30'R30'R30'R30'R30'R3 0'R30'R 3 0'R30 'R 3 0'R3 0'R 30'R3 0 'R30'R30'R 30' R30' R 30'R30'R3 0'R30'R30'R30'R30 'R3 0 'R30'24' FIRELANE24' FIR E LANE 30' F IRELANE30' FIRE LANE 30' FIRE LANE 24' FIRELANE26' FIRE LANE 26' FIRE LANE26' FIRELANE26' FIRELANE26' FIRELANE26' FIRE LANE 26' FIRE LANE 26' FIRE LANE 26' FIRE LANE 24' FIRELANE24' FIRELANE24' FIRELANE24' FIRE LANE 24' FIR E LANE 24' FIR E LANE24' F IRELANE24' F IRELANE 24' FIRELANE30' FIRELANE24' FIRE LANE 24' FIRE LANE TEXAS STATE H IGHWAY NO . 5 PROPERTY ID: 2647351 LEGAL: ANNA PUBLIC WORKS ADDITION (CAN), BLK A, LOT 1 OWNER: ANNA CITY OF LAND USE: INSTITUTIONAL - CITY PROPERTY ID: 1007591 LEGAL: ABS A0546 Z F LESTER SURVEY, TRACT 2, 3.1 ACRES OWNER: TEJAS LAND HOLDINGS LLC D/B/A TEJAS LAND HOLDINGS LLC - SERIES E LAND USE: AGRICULTURAL/UNDEVELOPED PROPERTY ID: 2800931 LEGAL: ABS A0106 J C BURGE SURVEY, TRACT 1, 68.01 ACRES OWNER: ANACAPRI LAGUNA AZURE LLC LAND USE: AGRICULTURAL/UNDEVELOPED PROPERTY ID: 2534974 LEGAL: WALNOFER ADDITION, BLK A, LOT 2 OWNER: CASTLEROCK INTERESTS #5 LLC LAND USE: REAL COMMERCIAL PROPERTY ID: 2534972 LEGAL: WALNOFER ADDITION, BLK A, LOT 1 OWNER: CASTLEROCK INTERESTS #5 LLC LAND USE: REAL OFFICE COMMERCIALFUTURE WEST CROSSING BOULEVARDPROPERTY ID: 1001418 LEGAL: ABS A0106 J C BURGE SURVEY, TRACT 7, 2.3 ACRES; SN1: EMHOK12041, HUD1: TRA0185265 OWNER: TEJAS LAND HOLDINGS LLC D/B/A TEJAS LAND HOLDINGS LLC - SERIES D LAND USE: AGRICULTURAL/UNDEVELOPED POOL COURTYARDOFFICE & AMENITY CENTER OPEN SPACE & DETENTION BUILDING 1 3 STORIES 34 UNITS BUILDING 2 3 STORIES 34 UNITS BUILDING 5 3 STORIES 50 UNITS BUILDING 4 3 STORIES 50 UNITS BUILDING 6 3 STORIES 32 UNITS BUILDING 7 3 STORIES 32 UNITS BUILDING 3 3 STORIES 34 UNITS BUILDING 8 3 STORIES 34 UNITS RETAIL 1 RETAIL 2RESTAURANT 1 RETAIL 1 RETAIL 2 GROCERY 1 RETAIL 125' BUILDINGSETBACK25' BUILDING SETBACK 25' BUILDINGSETBACK120' R O W 25' LA N D S C A P E BUFFE R25' LANDSCAPE BUFFER 25' BUILDING SETBACK 25' LANDSCAPE BUFFER 30'31' 3 0 '31'30'14'30'R30' R 3 0 'PROPERTY ID: 2721038 LEGAL: ABS A0546 Z F LESTER SURVEY, TRACT 10, 1.923 ACRES OWNER: MARSKY GROUP LLC LAND USE: COMMERCIAL LOT 4 BLOCK A ±15.16 AC. LOT 1 BLOCK A ±15.16 AC. LOT 2 BLOCK A ±15.16 AC. LOT 3. BLOCK A ±15.16 AC.R30'Plot Date/Time: 5/28/2024 10:24 AMN:\0050926.00\06 CAD\DWG\Site Design C3D\Civil_Plans\00509260.00-C-SITE-EXHIBTCONCEPT PLAN ANNA 23: MUTI-FAMILY OPTION 23.3 ACRES CITY OF ANNA, COLLIN COUNTY, TEXAS ABS A0106 J C BURGE SURVEY, TRACT 6, 1.792 ACRES; ABS A0546 Z F LESTER SURVEY, TRACT 6, 13.5359 ACRES; WALNOFER ADDITION, BLK B, LOT 2; WALNOFER ADDITION, BLK B, LOT 1 DATE: 05/28/2024 THE SITE PLAN IS FOR CITY REVIEW ONLY TO ILLUSTRATE COMPLIANCE WITH ZONING AND DEVELOPMENT REGULATIONS. IT IS NOT INTENDED FOR CONSTRUCTION PURPOSES. 0'180'120'60' PROPOSED FIRELANE ACCESSIBLE CROSSWALK PROP. ACCESSIBLE ROUTE NOTES: 1.ALL DIMENSIONS ARE TO FACE OF CURB, FACE OF WALL, FACE OF BUILDING, CENTER OF STRIPING, OR PROPERTY LINE UNLESS OTHERWISE NOTED. 2.REFER TO ARCHITECTURAL AND STRUCTURAL PLANS FOR BUILDING AND DUMPSTER ENCLOSURE LAYOUT AND DESIGN. 3.REFER TO LANDSCAPE PLANS FOR FENCE AND HARDSCAPE LAYOUT AND DESIGN. 4.ALL MECHANICAL EQUIPMENT, DUMPSTERS, ROOFTOP UNITS, ETC SHALL BE SCREENED IN COMPLIANCE WITH THE ZONING ORDINANCE. 5.ALL LIGHTING SHALL COMPLY WITH THE ZONING ORDINANCE. 6.ALL PROPOSED RAMPS TO FOLLOW THE ARCHITECTURAL BARRIERS TEXAS ACCESSIBILITY STANDARDS (TAS). 7.BEARINGS AND DISTANCES WERE CREATED FROM COUNTY PARCELS, NOT WITH SURVEY DATA. 8.MINIMUM SPACING BETWEEN BUILDINGS IS 10 FEET. 9.IN COMPLIANCE WITH FUTURE WEST CROSSINGS BLVD LISTED AS A MAJOR COLLECTOR (80' R.O.W.) AND STATE HIGHWAY 5 LISTED AS A MAJOR HIGHWAY (120' ROW). LEGEND PROPERTY LINE EASEMENT LINE REFUSE FACILITY COVERED PARKING CITY OF ANNA (NOT TO SCALE) VICINITY MAP WINDHAM376 1106 372 5 371 377 THOUSAND OAKSBUTLER SITE N. POWELL PKWY . 25' X 25' V.A.M. 25' X 25' V.A.M.25' X 25' V.A.M. EXISTING 50' DRIVEWAY EXISTING 40' DRIVEWAY SCALE: 1" = 60' Plot Date/Time: 5/28/2024 10:24 AMN:\0050926.00\06 CAD\DWG\Site Design C3D\Civil_Plans\00509260.00-C-SITE-EXHIBTTHE SITE PLAN IS FOR CITY REVIEW ONLY TO ILLUSTRATE COMPLIANCE WITH ZONING AND DEVELOPMENT REGULATIONS. IT IS NOT INTENDED FOR CONSTRUCTION PURPOSES. NOTES: 1.FOR TYPICAL PAVEMENT SECTIONS SEE SHEET ##. 2.REFER TO CITY OF _______ CONSTRUCTION STANDARD DETAILS FOR CONSTRUCTION NOTES AND STANDARD DETAILS. 3.THE CITY OF _______ DESIGN AND CONSTRUCTION STANDARDS APPLY WHETHER INDICATED ON THESE PLANS OR NOT. 4.REFER TO LANDSCAPE/HARDSCAPE PLANS FOR SIDEWALKS TO BE BUILT BY DEVELOPER. 5.ALL DIMENSIONS ARE TO BACK OF CURB UNLESS OTHERWISE NOTED ON PLANS. 6.ALL STREET CURB RETURNS ARE 20' RADIUS AND ALL ALLEY CURB RETURNS ARE 15' RADIUS UNLESS OTHERWISE NOTED ON PLANS. 7.ALL ELEVATIONS REFER TO TOP OF CURB UNLESS OTHERWISE NOTED. 8.BARRIER FREE RAMPS SHALL BE CONSTRUCTED BY PAVING CONTRACTOR. LEGEND KEY MAPN PROPOSED CURB INLET PROPOSED RAMP INDICATES SIDE OF LOT WHERE DRIVEWAY MUST BE LOCATED PROPOSED PAVEMENT PROPOSED SIDEWALK (DEVELOPER) PROPOSED SIDEWALK (HOME BUILDER CONCEPT PLAN ANNA 23: MUTI-FAMILY OPTION 23.3 ACRES CITY OF ANNA, COLLIN COUNTY, TEXAS ABS A0106 J C BURGE SURVEY, TRACT 6, 1.792 ACRES; ABS A0546 Z F LESTER SURVEY, TRACT 6, 13.5359 ACRES; WALNOFER ADDITION, BLK B, LOT 2; WALNOFER ADDITION, BLK B, LOT 1 DATE: 05/28/2024 SCALE: 1" = 60' Item No. 7.c. City Council Agenda Staff Report Meeting Date: 7/23/2024 Staff Contact: Terri Doby AGENDA ITEM: Conduct a Public Hearing / Consider / Discuss / Action approving an Ordinance adopting sanitary sewer utility rates for FY2025. (Budget Manager Terri Doby) SUMMARY: This item is for consideration of an ordinance to adopt a new rate schedule for wastewater rates in the City of Anna for FY2025. The City of Anna charges for water consumption, wastewater consumption, and other fees related to providing consumers with utility services. As an enterprise fund, the revenues charged should, at a minimum, cover the fund's operating expenses and debt service, as well as any other policy goals defined by the City Council, including funding for capital projects, capital equipment replacement, and conservation efforts. Staff has reviewed the financial condition of the Utility Fund with the assistance of our rate model and is proposing the attached rate increases. The revised recommendation includes a rate increase on the base charge and volumetric charge for wastewater by ten percent. Along with additional infrastructure needs, the City will experience a 15 percent increase in the cost of treatment from the North Texas Municipal Water District (NTMWD). These increases are required to ensure that the Utility Fund maintains viability. The increases ensure that the City is able to cover the rising costs of sewer treatment and the associated costs of transmission of sewer to treatment facilities. The proposed rate increases represent the minimum recommended needed to balance the revenues and expenses of the Utility Fund while meeting the needs of the growing population we serve. The proposed increases are solely proposed to cover cost increases the City is facing and the funding of capital improvements. FINANCIAL IMPACT: Average Monthly Total Bill Increase for Residents: FY2024 FY2025 Increase Water (5,000 gallons) $60.24 $60.24 $- Sewer (5,000 gallons) $63.73 $70.10 $6.37 Total Average Monthly Utility Bill $123.97 $130.34 $6.37 BACKGROUND: During the FY2021 budget process, the City of Anna completed a utility rate study with the assistance of a consultant. This process included a review of all utility costs incurred by the City, all personnel, maintenance, and operations costs, along with the anticipated rising costs of purchasing wholesale water from the Greater Texoma Utility Authority (GTUA) and the North Texas Municipal Water District (NTMWD). In addition, the sewer treatment costs were also evaluated. The FY2025 budget has a rate increase commensurate with these philosophies and strategies of keeping the utility solvent and sustainable as we continue to expand with residential and commercial growth. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Resilient. ATTACHMENTS: 1. FY2025 Utility Rates Adoption Ordinance 2. FY2025 Utility Rates Exhibit A 3. FY2025 Utility Rates Exhibit B CITY OF ANNA, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF ANNA, TEXAS, ADOPTING A RATE PLAN FOR SANITARY SEWER SERVICE RATES AS SHOWN IN EXHIBIT A ATTACHED HERETO AND AMENDING THE ANNA CITY CODE OF ORDINANCES APPENDIX A, ARTICLE A6.000 UTILITY FEES, SECTION A6.009 WATER AND SANITARY SEWER SERVICE RATES; PROVIDING FOR A PENALTY FOR ANY VIOLATION OF THIS ORDINANCE NOT TO EXCEED $2,000; PROVIDING FOR SAVINGS, SEVERABILITY, AND REPEALING CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION THEREOF. WHEREAS, it is the responsibility of the City of Anna, Texas (the "City") to provide safe drinking water supply and distribution, and safe sanitary sewer collection and treatment for the public; and, WHEREAS, the City continues to face increasing costs from North Texas Municipal Water District, the Greater Texoma Utility Authority, and the City of Melissa for the production and transmission of treated surface water and the transmission and treatment of wastewater; and, WHEREAS, the City Council has found and determined that it is in the best interests of the public to increase sanitary sewer rates in order to ensure the financial stability of the City of Anna Utility Fund; and WHEREAS, the City of Anna hereby establishes new sanitary sewer service rates; and WHEREAS, the sanitary sewer service rates shall go into effect on October 1, 2024; and WHEREAS, the meeting and public hearing at which this ordinance is considered is open to the public as required by law, and the public notice of the time, place and purpose of said meeting was given as required by Chapter 551, Texas Government Code, as amended; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The above-referenced recitals are incorporated herein as if set forth in full for all purposes. Section 2. Adoption of Sanitary Sewer Service Rates. As relates to all connections to the City’s potable water system, the City Council hereby revises the current rates shown in Exhibit A and adopts the sanitary sewer service rates as set forth in Section 3 and detailed in Exhibit B of this ordinance. Section 3. Amendments to Part II of the Anna Code. This ordinance amends Appendix A of the Anna City Code of Ordinances (the “Anna Code”) to add the provisions below and rates and rate provisions included in Exhibit B, to become and made part of the Anna Code as follows: (a) Effective Date. Bills calculated after October 1, 2024 shall use the newly adopted rates presented fully in Exhibit B referenced herein. (b) North Texas Groundwater Conservation District water production fee. In addition to the minimum charges and rates for water usage that are set forth in this section, each customer shall pay a water production fee equal to the then current rate (currently $0.15 per 1,000 gallons of water usage) charged to the City by the North Texas Groundwater Conservation District. The production fee is a pass-through cost and may vary from time to time. (c) Total monthly charges. The total monthly charges stated on customer bills shall be paid by the customer in accordance with the terms stated in such bill. Section 4. 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 $2,000 for each incidence of violation. Each violation is considered a separate offense and will be punished separately. Section 5. Severability. All ordinances of the City in conflict with the provisions of this ordinance are repealed to the extent of that conflict. If any section, paragraph, clause or provision of this ordinance shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this ordinance. Section 6. Publication of the Caption Hereof and Effective Date. This ordinance shall be in full force and effective from and after its passage and upon the posting and/or publication, if required by law, of its caption and the City Secretary is hereby directed to implement such posting and/or publication. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 23rd day of July 2024. ATTEST: APPROVED: Carrie L. Land City Secretary Pete Cain Mayor City of Anna, TexasWastewater FY2024 RatesMulti-Family Duplex IndustrialInside City Outside City Inside City Outside City Inside City Inside City Inside CityMeter Size3/4" 40.00$ 60.00$ 40.00$ 60.00$ 40.00$ 80.00$ 40.00$ 1" 40.00 60.00 89.09 133.64 40.00 80.00 89.09 1 1/2" 40.00 60.00 170.90 256.35 40.00 80.00 170.90 2" 40.00 60.00 269.06 403.59 40.00 80.00 269.06 3" 40.00 60.00 498.15 747.23 40.00 80.00 498.15 4" 40.00 60.00 825.38 1,238.07 40.00 80.00 825.38 6" 40.00 60.00 1,643.51 2,465.27 40.00 80.00 1,643.51 8" 40.00 60.00 3,279.74 4,919.61 40.00 80.00 3,279.74 10" 40.00 60.00 8,188.48 12,282.72 40.00 80.00 8,188.48 Volumetric Charge (per 1,000 gal)0-2,000 gallons -$ -$ -$ -$ -$ -$ 2,001-14,000 MAX 7.91 11.87 - - - - 2,001+ gallons - - 7.91 7.91 - 7.91 0-4,000 gallons - - - - - - 4,001-28,000 MAX - - - - 7.91 - WastewaterResidentialMinimum ChargeExhibit ACommercial City of Anna, TexasWastewater FY2025 RatesMulti-Family Duplex IndustrialInside City Outside City Inside City Outside City Inside City Inside City Inside CityMeter Size3/4" 44.00$ 66.00$ 44.00$ 66.00$ 44.00$ 88.00$ 44.00$ 1" 44.00 66.00 98.00 147.00 44.00 88.00 98.00 1 1/2" 44.00 66.00 187.99 281.99 44.00 88.00 187.99 2" 44.00 66.00 295.97 443.96 44.00 88.00 295.97 3" 44.00 66.00 547.97 821.96 44.00 88.00 547.97 4" 44.00 66.00 907.92 1,361.88 44.00 88.00 907.92 6" 44.00 66.00 1,807.86 2,711.79 44.00 88.00 1,807.86 8" 44.00 66.00 3,607.71 5,411.57 44.00 88.00 3,607.71 10" 44.00 66.00 9,007.33 13,511.00 44.00 88.00 9,007.33 Volumetric Charge (per 1,000 gal)0-2,000 gallons -$ -$ -$ -$ -$ -$ 2,001-14,000 MAX 8.70 13.05 - - - - 2,001+ gallons - - 8.70 8.70 - 8.70 0-4,000 gallons - - - - - - 4,001-28,000 MAX - - - - 8.70 - WastewaterResidentialMinimum ChargeCommercialExhibit B Item No. 8.d. City Council Agenda Staff Report Meeting Date: 7/23/2024 Staff Contact: AGENDA ITEM: Discuss or deliberate personnel matters (Tex. Gov’t Code §551.074). SUMMARY: FINANCIAL IMPACT: BACKGROUND: STRATEGIC CONNECTIONS: ATTACHMENTS: