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HomeMy WebLinkAboutCCpkt2016-04-26YOUR} HOMETOWN CITY OF ANNA AGENDA NOTICE — CITY COUNCIL- WORK SESSION April 26, 2016 6:30 p.m. — Anna City Hall The City Council of the City of Anna will meet in Work Session at 6:30 p.m., on April 26, 2016 at Anna City Hall, located at 111 N. Powell Parkway (Hwy 5), regarding the following items: 1. Call to Order, Roll Call and Establishment of Quorum 2. Discussion regarding FY 17 budget and goals (Clayton Fulton) 3. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071); ETJ Boundary, Building Permit Requirements. b. discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); acquisition of right-of- way, easements, and land for municipal facilities. c. discuss or deliberate personnel matters (Tex. Gov't Code §551.074); City Attorney annual review. The Council further reserves the right to enter into closed session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. 4. Consider/Discuss/Action on any items listed on the posted agenda or any closed session occurring during this meeting, as necessary. 5. Adjourn. 1. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made. This is to certify that I, Carrie L. Smith, City Secretary, posted this agenda at a place readily accessible to the public at the Anna City Hall and on the City Hall bulletin board at or before 5:00 p.m. April 22, 2016. Carrie L. Smith, City Secretary 1. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made. Item No. WS 1 City Secretary's use only City Council Agenda Staff Report CITY OFANNA,TEXAS Meeting Date: April 26, 2016 Staff Contact: City Administrator Exhibits: No AGENDA SUBJECT: Call to Order, Roll Call and Establishment of Quorum. SUMMARY: STAFF RECOMMENDATION: City Secretary-WS 1 - Call to Order - Staff Report CITY OF ANNA, TEXAS AGENDA SUBJECT: Item No. WS 2 City Secretary's use only City Council Agenda Staff Report Meetinq Date: April 26, 2016 Staff Contact: Finance Director Exhibits: No Discussion regarding FY 17 budget and goals SUMMARY: Staff will present preliminary programmatic strategic goals and objectives for the upcoming FY 17 budget. City Secretary-WS3 - Budget Goals Discussion - Staff Report - 4.26.16 Item No. WS 3 City Secretary's use only City Council Agenda Staff Report CITY OFANNA,TEXAS Date: April 26, 2016 Staff Contact: City Manager Exhibits: N/A AGENDA SUBJECT: 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: SUMMARY: 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); ETJ Boundary, Building Permit Requirements. b. discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); acquisition of right-of-way, easements, and land for municipal facilities. c. discuss or deliberate personnel matters (Tex. Gov't Code §551.074); City Attorney annual review. The Council further reserves the right to enter into closed session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. STAFF RECOMMENDATION: CITY OF ANNA, TEXAS Item No. WS 4 City Secretary's use—on7y Date: April26, 2016 Staff Contact: City Manager Exhibits: N/A Consider/Discuss/Action on any items listed on posted agenda or any closed session occurring during this Meeting, as necessary. CITY CF ANNA, TEXAS AGENDA SUBJECT: Adjourn SUMMARY: Item to adjourn the meeting. STAFF RECOMMENDATION: Staff recommends a motion to adjourn. Item No. WS 5 City Secretary's use only City Council Agenda Staff Report Date: April 26, 2016 Staff Contact: City Manager Exhibits: None YIOURI HOMETOWN CITY OF ANNA AGENDA NOTICE — CITY COUNCIL — REGULAR SESSION April 26, 2016 7:30 p.m. — Anna City Hall The City Council of the City of Anna will meet in Regular Session at 7:30 p.m., on April 26, 2016, at the Anna City Hall, located at 111 North Powell Parkway (Hwy 5), to consider the following items. Welcome to the City Council Meeting. Please sign the Sign -In -Sheet as a record of attendance. If you wish to speak on an open -session agenda item, please fill out the Opinion/Speaker Registration Form and turn it in to the City Secretary before the meeting starts. 1. Call to Order, Roll Call and Establishment of Quorum. 2. Invocation and Pledge of Allegiance. 3. Citizen comments. Citizens are allowed three minutes to speak to Council. The Council is unable to respond to or discuss any issues that are brought up during this section that are not on the agenda, other than to make statements of specific factual information in response to a citizen's inquiry or to recite existing policy in response to the inquiry. 4. Receive reports from Staff or the City Council about items of community interest. Items of community interest include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen (but not including a change in status of a person's public office or public employment); a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. 1. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made. Version 4/22/2016 3:16 PM 5. Consent Items. These items consist of non -controversial or "housekeeping" items required by law. Items may be considered individually by any Council member making such request prior to a motion and vote on the Consent Items. a. Approve the City Council Minutes for April 12, 2016. (Carrie Smith) 6. (a) Conduct a Public Hearing on a request for a Specific Use Permit for an animal grooming and boarding facility on property located at the southwest corner of the intersection of Sam Rayburn Memorial Highway (State Highway 121) and FM 2862, generally known as 7522 Sam Rayburn Memorial Hwy. (b) Consider/Discuss/Action regarding an Ordinance approving a Specific Use Permit for an animal grooming and boarding facility on property located at the southwest corner of the intersection of Sam Rayburn Memorial Highway (State Highway 121) and FM 2862, generally known as 7522 Sam Rayburn Memorial Hwy. (Maurice Schwanke) 7. Consider/Discuss/Action regarding a Resolution approving an Interlocal Agreement with Collin County for the US 75 Utility Relocation Project, and authorizing the City Manager to execute an engineering task order for the US 75 Utility Relocation Project. (Joseph Johnson) 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); ETJ Boundary, Building Permit Requirements. b. discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); acquisition of right-of-way, easements, and land for municipal facilities. c. discuss or deliberate personnel matters (Tex. Gov't Code §551.074); City Attorney annual review. 1. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made. Version 4/22/2016 3:16 PM The Council further reserves the right to enter into closed 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 the posted agenda or any closed session occurring during this meeting, as necessary. 10.Adjourn. This is to certify that I, Carrie L. Smith, City Secretary, posted this agenda at a place readily accessible to the public at the Anna City Hall and on the City Hall bulletin board at or before 5:00 p.m. April 22, 2016. Carrie L. Smith, City Secretary 1. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made. 3 Version 4/22/2016 3:16 PM CITY OF ANNA. TEXAS AGENDA SUBJECT: Item No. 1 City Secretary's use only City Council Agenda Staff Report Date: Staff Contact: Exhibits: Call to Order, Roll Call and Establishment of Quorum. SUMMARY: Mayor establishes a quorum STAFF RECOMMENDATION: April 26, 2016 City Manager None CITY OF ANNA. TEXAS AGENDA SUBJECT: Invocation and Pledge of Allegiance. SUMMARY: STAFF RECOMMENDATION: Item No. 2 City Secretary's use only City Council Agenda Staff Report Date: April 26, 2016 Staff Contact: City Manager Exhibits: N/A CITY OF ANNA, TEXAS AGENDA SUBJECT: Citizen comments. SUMMARY: Item No. 3 City Secretary's use only City Council Agenda Staff Report Date: April 26, 2016 Staff Contact: City Manager Exhibits: N/A Citizens are allowed three minutes to speak. The Council is unable to respond to or discuss any issues that are brought up during this section that are not on the agenda, other than to make statements of specific factual information in response to a citizen's inquiry or to recite existing policy in response to the inquiry. STAFF RECOMMENDATION: CITY OF ANNA, TEXAS AGENDA SUBJECT: Item No. 4 City Secretary's use only City Council Agenda Staff Report Date: Staff Contact: Exhibits: April 26, 2016 City Manager N/A Receive reports from Staff or the City Council about items of community interest. SUMMARY: 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. STAFF RECOMMENDATION: Item No. 5 City Secretary's use only City Council Agenda Staff Report CITY OFANNA,TEXAS Date: April 26, 2016 Staff Contact: City Manager Exhibits: Attached AGENDA SUBJECT: These items consists of non -controversial or "housekeeping" items required by law. Items may be considered individually by any Council Member making such request prior to motion and vote on the Consent Items. SUMMARY: a. Approve the City Council Minutes for April 12, 2016. (Carrie Smith) STAFF RECOMMENDATION: Staff recommends approval of the consent items. ANNA CITY COUNCIL MINUTES WORK SESSION April 12, 2016 The City Council of the City of Anna met in Work Session on the above date at Anna City Hall, located at 111 N. Powell Parkway (Hwy 5), regarding the following items: 1. Call to Order, Roll Call and Establishment of Quorum. Mayor Pro Tern Barnes called the meeting to order at 6:30 pm. ,Mh"4/ Council Members Justin Burr, Lauren Lovato, John Beazley, Chad Barnes and Dick Dowd were present. Mayor Mike Crist and Council Member Nathan Bryan were absent. 2. Budget Goals & Discussion (Clayton Fulton) Finance Director Fulton presented information regarding requests for the FY 16 budget that were not funded. 3. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071); ETJ Boundary, Building Permit Requirements. b. discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); acquisition of right-of-way, easements, and land for municipal facilities. ,jej c. discuss or deliberate personnel matters (Tex. Gov't Code §551.074); City Attorney annual review. The Council further reserves the right to enter into closed session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. April 12, 2016 CC Work Session Minutes MOTION: Council Member Dowd moved to enter closed session at 6:56 p.m. Council Member Beazley seconded. Motion carried 5-0. Mayor Pro Tern Barnes reconvened the open meeting at 7:30 p.m. 4. Consider/Discuss/Action on any items listed on the posted agenda or any closed session occurring during this meeting, as necessary. MOTION: Council Member Dowd moved to take no action. Council Member Beazley seconded. Motion carried 5-0. 5. Adjourn. MOTION: Council Member Burr moved to adjourn. Council Member Beazley seconded. Motion carried 7-0. Mayor Pro Tern Barnes adjourned the meeting at 7:31 p.m. ATTEST: City Secretary Carrie L. Smith Ll 41 Approved on the 26th day of April, 2016. Mayor Mike Crist April 12, 2016 CC Work Session Minutes 2 ANNA CITY COUNCIL MINUTES REGULAR SESSION April 12, 2016 The City Council of the City of Anna met in Regular Session on the above date at Anna City Hall, located at 111 North Powell Parkway (Hwy 5), to consider the following items. _ 1. Call to Order, Roll Call and Establishment of Quorum. Mayor Pro Tern Barnes called the meeting to order at 7:32 p.m. 40* Council Members Justin Burr, Lauren Lovato, John Beazley, Chad Barnes, and Dick Dowd were present. Mayor Mike Crist and Council Member Nathan Bryan were absent 2. Invocation and Pledge of Allegiance. Mayor Pro Tern Barnes led the Invocation and Pledge of Allegiance. 3. Citizen comments. Citizens are allowed 3 minutes to speak. The Council is unable to respond to or discuss any issues that are brought up during this section that are not on the agenda, other than to make statements of specific factual information in response to a citizen's inquiry or to recite existing policy in response to the inquiry. Tom Plunkett, 917 Cauldren Court — Mr. Plunkett spoke about current traffic congestion and dangers along FM 455iWhite Street. 4. Receive reports from Staff or the City Council about items of community interest. Items of community interest include: expressions of thanks, congratulations, or condolence, information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen (but not including a change in status of a person's public office or public employment); a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. Council Member Dowd thanked everyone for attending the Vietnam Veteran Ceremony. April 12, 2016 CC Regular Session Minutes City Manager Philip Sanders noted the Government Finance Officer's Association Budget Award, for distinguished reporting, was awarded to Finance Director Clayton Fulton for the third consecutive year. Fire Chief Tim Gothard recognized Anna Volunteer Firefighter Lieutenant Polcer for being awarded the North Texas Firefighter and Fire Marshal's Association Firefighter of the Year Award. 5. Consent Items. These items consist "housekeeping" items required by law. It( individually by any Council member making motion and vote on the Consent Items. �" f non -controversial or ,ns may be considered such request prior to a a. Approve the City Council Minutes for March 22, 2016. (Carrie Smith) b. Review the Planning and Zoning Minutes for February 1, 2016. (Maurice Schwanke) %War" % ", c. Approve a Resolution approving a license agreement with Dallas Area Rapid Transit (DART) allowing for the construction of the Foster Crossing Water Line Project within DART right-of-way. (Joseph Johnson) RESOLUTION NO. 2016-04-163 - A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A LICENSE AGREEMENT BETWEEN DALLAS AREA RAPID TRANSIT ("LICENSOR') AND THE CITY OF ANNA, TEXAS ("LICENSEE') TO ALLOW FOR THE CONSTRUCTION AND MAINTENANCE OF THE FOSTER CROSSING WATER LINE PROJECT WITHIN LICENSOR'S RIGHT-OF-WAY. d. Approve a Resolution approving a license agreement with Dallas Area Rapid Transit (DART) allowing for the construction of the Camden Parc Sewer Line Project within DART right-of-way. (Joseph Johnson) RESOLUTION NO. 2016-04-164 - A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A LICENSE AGREEMENT BETWEEN DALLAS AREA RAPID TRANSIT ("LICENSOR') AND THE CITY OF ANNA, TEXAS ("LICENSEE') TO ALLOW FOR THE CONSTRUCTION AND MAINTENANCE OF THE CAMDEN PARC SEWER LINE PROJECT WITHIN LICENSOR'S RIGHT-OF-WAY. e. Authorize solicitation of bids for the Throckmorton Creek Sewer Project. (Joseph Johnson) April 12, 2016 2 CC Regular Session Minutes f. Approve a Resolution approving the submission of an Assistance to Firefighters S.A.F.E.R. Grant Application. (Chief Gothard) RESOLUTION NO. 2016-04-165 - A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE SUBMITAL OF AN ASSISTANCE TO FIREFIGHTERS S.A.F.E.R. GRANT APPLICATION FOR THE HIRING OF TWO FULLTIME FIREFIGHTERS. g. Approve a Resolution approving a re -plat of "Victoria Falls Center Addition" final plat. (Maurice Schwanke) '"Mik, RESOLUTION NO. 2016-04-166 - A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A FINAL PLAT OF VICTORIA FALLS CENTER ADDITION. h. Approve a Resolution approving "Camden Parc in Anna Phase 1A" final plat. (Maurice Schwanke) RESOLUTION NO. 2016-04-162 - A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A FINAL PLAT OF CAMDEN PARC IN ANNA PHASE 1A. Approve a Resolution approving "Wal-Mart Anna Addition" final plat. (Maurice Schwanke) RESOLUTION NO. 2016-04-156 - A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A FINAL PLAT OF WAL- MART ANNA ADDITION. j. Approve a Resolution approving "Anna Crossing Amenity Center" preliminary plat. (Maurice Schwanke) RESOLUTION NO. 2016-04-157 - A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A PRELIMINARY PLAT OF ANNA CROSSING AMENITY CENTER. k. Approve a Resolution approving "Anna Crossing Amenity Center" final plat. (Maurice Schwanke) RESOLUTION NO. 2016-04-158 - A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A FINAL PLAT OF ANNA CROSSING AMENITY CENTER. Approve a Resolution approving "Anna Crossing Amenity Center" site plan and landscape plan. (Maurice Schwanke) RESOLUTION NO. 2016-04-159 - A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A SITE PLAN AND April 12, 2016 CC Regular Session Minutes 9 LANDSCAPE PLAN OF ANNA CROSSING AMENITY CENTER. m. Approve a Resolution approving "Anna Town Square Detention Pond" final plat. (Maurice Schwanke) RESOLUTION NO. 2016-04-167 - A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A FINAL PLAT OF ANNA TOWN SQUARE DETENTION POND ENTRY FEATURE. n. Approve a Resolution approving "Anna Town Square Detention Pond" site plan. (Maurice Schwanke) RESOLUTION NO. 2016-04-160 - A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A SITE PLAN OF ANNA TOWN SQUARE DETENTION POND SITE PLAN ENTRY FEATURE. Mayor Pro Tern Barnes removed "Item g." from the consent agenda. MOTION: Council Member Dowd moved to approve all but "Item g." Council Member Beazley seconded. Motion carried 5-0. Mayor Pro Tern Barnes recused himself due to a conflict of interest. MOTION: Councilmember Burr moved to approve "Item g." Council Member Dowd seconded. Motion carried 4-0. Mayor Pro Tern Barnes returned to the meeting. Conduct a Public Hearing (2"d) on the voluntary annexation of a 75.97 acre tract of land located in the Joseph Schluter Survey, Abstract No. 856; a 32.84 acre tract of land in the Henry Smith Survey, Abstract 822; a 73.47 acre tract of land in the Zach Roberts Survey, Abstract 760; a 20.7 acre tract of land in the P Burns Survey, Abstract 100; and a 60.04 acre tract of land in the Jonas Whitaker Survey, Abstract 98. (Maurice Schwanke) Mayor Pro Tern Barnes opened the public hearing at 7:45 p.m. Mr. James Sanders representing Hurricane Creek Country Club requested an extension of the development agreement. Mayor Pro Tern Barnes closed the public hearing at 7:48 p.m. 7. Consider/Discuss/Action regarding a Resolution approving a Development Agreement with the Grayson Collin Recreation Association, Inc. (Maurice Schwanke) April 12, 2016 CC Regular Session Minutes 4 Grayson Collin Recreation Association, Inc., also known as Hurrican Creek Country Club (HCCC). RESOLUTION NO. 2016-04-155 - A RESOLUTION APPROVING A DEVELOPMENT AGREEMENT WITH THE GRAYSON COLLIN RECREATION ASSOCIATION, INC. MOTION: Council Member Lovato moved to approve. Council Member Beazley seconded. Motion carried 5-0. 8. Consider/Discuss/Action regarding a Resolution approving and authorizing the forgiveness of an interfund loan from the general fund to the utility fund (Clayton Fulton) RESOLUTION NO. 2016-04-161 - A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE FORGIVENESS OF AN INTERFUND LOAN FROM THE GENERAL FUND TO THE UTILITY FUND MOTION: Council Member Beazley moved to approve. Council Member Burr seconded. Motion carried 5-0. 9. Briefing/Update on infrastructure and development projects (Maurice Schwanke/Joseph Johnson) Development Director Schwanke and Public Works Director Johnson reviewed the current City building developments and capital improvement projects. 10. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071); ETJ Boundary, Building Permit Requirements. b. discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); acquisition of right-of- way, easements, and land for municipal facilities. c. discuss or deliberate personnel matters (Tex. Gov't Code §551.074); City Attorney annual review. April 12, 2016 CC Regular Session Minutes I The Council further reserves the right to enter into closed session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. No executive session. 11. Consider/Discuss/Action on any items listed on the posted agenda or any closed session occurring during this meeting, as necessary. MOTION: Council Member Beazley moved to take no action. Council Member Dowd seconded. Motion carried 5-0. 12.Adjourn. MOTION: Council Member Burr moved to adjourn. Lovato seconded. Motion carried 5-0. 40 , Council Member Mayor Pro Tern Barnes adjourned the meeting at 8:21 p.m. ATTEST: City Secretary Carrie L. Smith April 12, 2016 CC Regular Session Minutes Approved on the 26th day of April, 2016. Mayor Mike Christ 0 CITY OF ANNA, TEXAS Item No. 6 City Secretary's use only City Council Agenda Staff Report Date: April 26, 2016 Staff Contact: Maurice Schwanke Exhibits: Yes. AGENDA SUBJECT: (a) Conduct a Public Hearing on a request for a Specific Use Permit by Mary Valverde, owner of property. The property is currently zoned as (C2) General Commercial and is located at the southwest corner of the intersection of Sam Rayburn Memorial Highway (State Highway 121) and FM 2862, generally known as 7522 Sam Rayburn Memorial Hwy. (b) Consider/Discuss/Action regarding the request for a Specific Use Permit to allow and operate an animal grooming and boarding facility. SUMMARY: The City has received an application requesting an animal grooming and boarding facility located on property owned by Mary Valverde located at 7522 Sam Rayburn Highway. A Specific Use Permit (SUP) is required for this type of establishment. Ms. Valverde has a prospective tenant who wishes to rent the building to open and operate a business "Kame's Sleepy Dog Resort" A SUP was previously approve for a private club, however after 90 days of voluntarily vacation of the use, the SUP is automatically terminated. A schematic of the proposed hard surface parking lot has been submitted as part of this application and is attached. Please note that the drive and parking will need to be adjusted where the entry and parking is located. The staff is in support of this use as it should be complimentary to the nearby Tri County Veterinarian facility located to the east on S.H. 2862 and should not negatively impact surrounding property. The Planning and Zoning Commission recommended approval of the SUP at their meeting April 4, 2016 meeting. The vote was unanimous. STAFF RECOMMENDATION: Approval of Ordinance 2862 r424)i i• 121 `�5 14 513 CITY OF ANNA, TEXAS ORDINANCE NO. - 2016 (Special Use Permit) 7522 Sam Rayburn Memorial Hwy. AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY'S COMPREHENSIVE PLAN, ZONING MAP, AND ZONING ORDINANCE AND APPROVING A SPECIFIC USE PERMIT ON CERTAIN PROPERTIES AS DESCRIBED HEREIN; PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A PENALTY CLAUSE NOT TO EXCEED $2,000 OR THE HIGHEST PENALTY AMOUNT ALLOWED BY LAW, WHICHEVER IS LESS; AND, PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the owner of the property described in Exhibit A attached hereto has requested a Specific Use Permit for said property; and WHEREAS, the Planning and Zoning Commission of the City of Anna and the City Council of the City of Anna have given the requisite notices by publication and otherwise and have held the public hearings as required by law and afforded a full and fair hearing to all property owners generally and to all persons interested in and situated in the affected area and in the vicinity thereof, the City Council of the City of Anna has concluded that the Specific Use Permit be approved as follows: NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: 7v Section 1. The Comprehensive Zoning Ordinance of the City of Anna, Texas, is amended by granting a Specific Use Permit for the tracts described in Exhibit A, attached hereto and made an integral part of this ordinance. The Specific Use Permit shall include the following component: 1. An Animal Grooming Boarding and Facility as an allowed use. 2. All other provisions of the existing C-2 Zoning District covering the Property and the existing City of Anna Zoning Ordinances are applicable to the tract and any AO* uses of the tract. Section 2. The official Zoning Map of the City of Anna shall be corrected to reflect the Specific Use Permit described herein. Section 3. All ordinances of the City of Anna in conflict with the provisions of this ordinance are repealed to the extent of that conflict. Ordinance No. - 2016 (Special Use Permit-7522 Sam Rayburn Memorial Hwy.) Page 1 of 3 Section 4. This Ordinance shall take effect immediately from and after its passage and the publication of the caption of said ordinance as the law in such case provides. PASSED by the City Council of the City of Anna, Texas, this 26th day of April, 2016. Ordinance No. - 2016 (Special Use Permit-7522 Sam Rayburn Memorial Hwy.) Page 2 of 3 0■ T COUNTY OF COLLIN)( STATE OF TEXAS X WHEREAS, VALVERDE ENTERPRISES, f_LC is the owner of a tract of land situated in Collin County, Texas, in the Samuel Croft Survey, Abstract No. 155 and being oil of o tract of land described by deed to Valverde Enterprises, t..t..C., os recorded in Volume 5345, Page 2724. of the need Records of Collin County, Texas (D.R.C.C.T.) arid being more particularly described by metes and bounds as follows: BEGINNING at a 5/8" iron pipe found for corner, said corner being in the southeasterly monumented line of State Highway No. 121 (a variable width right—of—wcy) and olso being on the north line of a tract of land described by deed to Basil K. Sideris and Anteope 8. Sideris, as recorded in Volume 4520, Page 1910, O-R2 C.C.T.; THENCE North 51'34'00" East, along the southeasterly rnonurnented line of said State Highway No. 121, a distance of 300.16' to 1/2" iron rod with a yellow plastic cap stamped "RPLS 5686" set for corner, tram which o 3/8' iron rod found beors. North 69'04'37" West, a distance of 1.70', said corner being the westerly corner of a tract of land described by deed to Hyang Sun Kirn, as recorded under Document No. 20080103000014930, D.R.C.C.T.; THENCE South 47'5$'00" East, along the southwesterly line of said Kira tract, passing a 3/8" iron rod found for the southerly corner of said Kim tract, at a distance of 146.08' and continuing along the southwesterly line of a tract of land described by deed to Westminster 121 Associates, as recorded in Volume 3235, Rage 715, D_R.C.C.T., in all a distance of 294.44' to o t" iron rod found for carrier, said corner being on the aforementioned north line of the Soderis tract; THENCE North 88'39'00" West, along the north line of Sideris tract, o distance of 453484' to the POINT OF BEGINNING and containing 1.000 or -re of land, more or less. Ordinance No. - 2016 (Special Use Permit-7522 Sam Rayburn Memorial Hwy. ) Page 3 of 3 -4.. r 11 eovEA, eb pP, I I� F C i cQVERto POR IN GI -- --- ,mo ENTRY 3 LO /_'1`v \� PAKV,. Ne-- SPH A LT 3toX H-+ 4 5p aces KANE'S S�.EE `f oar 4 . o SuM�� w Please publish the attached in the legal section of the newspaper at the earliest possible date. Please send tear sheet, publisher's affidavit, and bill to the City of Anna. CITY OF ANNA PUBLIC HEARINGS ON ZONING CHANGES A public hearing will be conducted by the City Council of the City of Anna on Tuesday, April 26th, 2016 at 7:30 p.m. at the Community Room of the Anna City Hall Administration Building located at 111 North Powell Pkwy (Hwy 5) Anna, Texas, to hear public comment regarding amendments to the City's Comprehensive Plan, the City's zoning map, and the City's Zoning Ordinance. The public hearing will respectively concern the City Council's consideration of an ordinance described as follows: 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. The property is currently zoned as C2 — General Commercial. The owner is requesting a Specific Use Permit to operate an animal grooming and boarding facility. Property is located at the southwest corner of the intersection of the Sam Rayburn Memorial Highway (State Highway 121) and FM 2862. Copies of the rezoning request, including a map of the property generally described above, are available for review during regular office hours at the office of the City Secretary, Anna City Hall, at 111 N. Powell Parkway, Anna, Texas. Written comments on the zoning requests/changes are welcomed and will be accepted until the time of the public hearings and may be presented at the hearings. Speakers at the hearings will be heard according to their order on a listing to be established for such purpose by the City Secretary. CITY OF ANNA, TEXAS AGENDA SUBJECT: Item No. 7 City Secretary's use only City Council Agenda Staff Report Meeting Date: April 26, 2016 Staff Contact: Joseph Johnson Exhibits: Yes Consider/Discuss/Action regarding a Resolution approving an Interlocal Agreement with Collin County for the US 75 Utility Relocation Project, and authorizing the City Manager to execute an engineering task order for the US 75 Utility Relocation Project. SUMMARY: On March 8, the City Council approved a Resolution authorizing an Interlocal (ILA) Agreement with Collin County for the US 75 Utility Relocation Project. On April 18, the County Commissioner's Court approved the ILA but amended Article IV and Article V prior to their approval (see attached redline version). Subject to the terms of the attached Agreement, Collin County will provide funds to the City for the design and construction of the US 75 utility relocation project. Any reimbursements that the City receives from the TxDOT would be remitted to Collin County. It is anticipated that the TxDOT reimbursements will account for about 60% of the total project cost. The City agrees that the 2007 Bond Project #07-009, Mantua Road will be reduced by an amount equal to the County Contribution less the actual TxDOT Reimbursable Amount. The amendments approved by the County Commissioners stipulate that, if the difference between the County Contribution and the actual TxDOT Reimbursable Amount is greater than the amount that is available in the #07-009, Mantua Road account ($971,660), the City will reimburse the County the additional required amount. It is estimated that the total cost of this project will be just over $1.8 million. We anticipate that approximately 60% of the project costs ($1.1 million) will be reimbursed back to the City from TxDOT after the project is complete. Since the City has limited financial resources, and given the regional importance of the US 75 expansion program, Collin County has indicated that they are willing to assist the City with this project. On March 8, the Council also authorized the City Manager to execute an engineering task order for the US 75 Utility Relocation Project subject to execution and approval by Collin County of the Interlocal Agreement for the US 75 Utility Relocation Project. Since the ILA approved by Collin County was amended after the Council approved it, Staff is requesting that the Council reauthorize the City Manager to execute the Engineering Task Order for the US 75 Utility Relocation Project. The engineering services task order with Birkhoff, Hendricks, and Carter, LLP provides for design, bidding, and contract administration services for the project. The engineering consulting fee covering Basics Services (Part 1) for the project is for the lump sum amount of $147,650.00 and the additional services (Part 11) for the project is for the amount of $80,000.00, for a total not to exceed amount of $227,650.00. Funds are available for this project through the ILA with Collin County. STAFF RECOMMENDATION: Staff recommends approval of the attached Resolution approving the Interlocal Agreement and Engineering Task Order. CITY OF ANNA, TEXAS RESOLUTION NO. 2016-04- (US 75 Utility Relocation Project) A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AN INTERLOCAL AGREEMENT WITH COLLIN COUNTY FOR THE US 75 UTILITY RELOCATION PROJECT; AUTHORIZING THE CITY MANAGER TO EXECUTE AN ENGINEERING\ TASK ORDER FOR THE US 75 UTILITY RELOCATION PROJECT; REPEALING RESOLUTION NO. 2016-03-149; AND REPEALING RESOLUTION NO. 2016-03-150. 'V-i•. WHEREAS, the County of Collin, Texas ("County") and the City of Anna, Texas ("City") desire to enter into an agreement concerning the relocation of utilities along US 75 from the Collin County Outer Loop to FM 455 (the "Project") in Anna, Collin County, Texas; and WHEREAS, the relocation of utilities is required to facilitate the Texas Department of Transportation's ("TxDOT") widening project of US 75 in the City of Anna, Texas; and WHEREAS, the Interlocal Cooperation Act (Texas Government Code Chapter 791) authorizes any local government to contract with one or more local governments to perform governmental functions and services under the terms of the Act; and WHEREAS, the City and County have determined that the required utility relocation project may be constructed most economically by implementing this agreement; and WHEREAS; The City has negotiated an engineering service task order with Birkhoff, Hendricks, and Carter, LLP for the design, bidding, and contract administration of the US 75 Utility Relocation Project; and, WHEREAS; the water lines must be relocated to avoid conflict with the planned expansion of US 75 between Melissa Road and FM 455 by the Texas Department of Transportation; and, WHEREAS; the amount of the engineering consulting fee covering Basics Services (Part 1) for the project is for the lump sum amount of $147,650.00 and the additional services (Part 11) for the project is for the amount of $80,000, for a total not to exceed amount of $227,650.00. 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. RESOLUTION NO. 2016-04- PAGE 1 OF 2 (US 75 Utility Relocation Project) Section 2. Approval of Interlocal Agreement. The City Council of the City of Anna, Texas ("City Council") hereby approves the Interlocal Agreement attached hereto as Exhibit 1, and authorizes, ratifies and approves the City Manager's execution of same. The City Manager is hereby authorized to execute all documents and to take all other actions necessary to finalize, act under, and enforce the Agreement. Section 3. Approval and Authorization of Engineering Service Task Order The City Council hereby approves the Engineering Service Task Order with Birkhoff, Hendricks and Carter, LLP for the US 75 Utility Relocation Project, attached hereto as Exhibit 2, and authorizes, ratifies and approves the City Manager's execution of same. The City Manager is hereby authorized to execute all documents and to take all other actions necessary to finalize, act under, and enforce the service task order agreement. Section 4. Repeal of Resolution No. 2016-03-149 and Resolution No. 2016-03- 150. The City Council hereby repeals Resolution No. 2016-03-149 and Resolution No. 2016-03-150. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this the 26t" day of April, 2016. ATTEST: db APPROVED: Carrie L. Smith. Citv Secretary Mike Crist, Mayor RESOLUTION NO. 2016-04- PAGE 2 OF 2 (US 75 Utility Relocation Project) INTERLOCAL AGREEMENT BETWEEN COLLIN COUNTY AND THE CITY OF ANNA CONCERNING THE RELOCATION OF UTILITIES ALONG US 75 FROM THE COLLIN COUNTY OUTER LOOP TO FM 455 NEW 2007 BOND PROJECT #07-00-57 WHEREAS, the County of Collin, Texas ("County") and the City of Anna, Texas ("City") desire to enter into an agreement concerning the relocation of utilities along US 75 from the Collin County Outer Loop to FM 455 (the "Project") in Anna, Collin County, Texas; and WHEREAS, the relocation of utilities is required to facilitate the Texas Department of Transportation's ("TxDOT") widening project of US 75 in the City of Anna, Texas; and WHEREAS, the Interlocal Cooperation Act (Texas Government Code Chapter 791) authorizes any local government to contract with one or more local governments to perform governmental functions and services under the terms of the Act; and WHEREAS, the City and County have determined that the improvements may be constructed most economically by implementing this agreement. NOW, THEREFORE, this agreement is made and entered into by the County and the City upon and for the mutual consideration stated herein. WITNESSETH: ARTICLE I. The City shall arrange to relocate certain utility lines necessary for improvements to US Highway 75, hereinafter called the "Project". The Project shall consist of relocating and constructing approximately 11,957 linear feet of water lines running parallel to and/or crossing US Highway 75. All improvements shall be designed to meet or exceed the current City of Anna design standards and shall be constructed in accordance with the plans and specifications approved by the City. ARTICLE II. The City shall prepare plans and specifications for the improvements, accept bids and award a contract to construct the improvements and administer the construction contract. In all such activities, the City shall comply with all state statutory requirements. ARTICLE III. The City shall acquire all utility easements necessary for construction of the Project. ARTICLE IV. The City estimates that the total cost of the Project will be $1,812,000. The County agrees to fund the entire amount, $1,812,000, from County Discretionary funds until such time the 2016 Bond funds are sold and made available. The City estimates that it will receive approximately $1,120,000 in reimbursements from the Texas Department of Transportation ("TxDOT") for the Project. The City agrees to remit to the County an amount equal to all reimbursements it receives from TxDOT for Project costs (the "TxDOT Reimbursable Amount") within thirty (30) days of receiving any Project reimbursement. The County shall remit to the City an amount equal to the cost for engineering design, within thirty (30) days after the City issues a notice to proceed to the design engineer and the City requests payment. The County shall remit to the City an amount equal to the total construction contract price for the Project within thirty (30) days after the City issues a notice to proceed to the lowest responsible bidder, and the City requests payment. The County shall remit to the City an amount equal to the easement acquisition costs within thirty (30) days after the City acquires the necessary Project easements and the City request payment. The total contribution from the County (the "County Contribution") shall not exceed $2,000,000. The "total cost of the Project" shall include easement acquisition, engineering, construction, inspection, testing, and construction administration costs including contingencies. if the aeWal TxDOT- Reimbursable n,,,otin.:s less thaft the one half of the total County ContFibution, the City will provide an additional payment to the Gotinty ift an amount equal to one half the County Contribution less the TxDOT Reimbursable Amount. ARTICLE V. The City agrees that the 2007 Bond Project #07-009, Mantua Road shall be reduced by an amount equal to the County Contribution less the actual TOOT Reimbursable Amount or by an less.amount equal to oRe half the County Contribution, wh'GheveF Is If the difference between the County Contribution and the actual TOOT Reimbursable Amount is greater than the amount that is available in the #07-009, Mantua Road account. the Citv will reimburse the Countv the additional required amount. ARTICLE VI. The City shall prepare for the County an itemized statement specifying Project costs that have been incurred to date and submit detailed Project cost and progress reports every thirty (30) days until Project completion. ARTICLE VII. The City and County agree that the party paying for the performance of governmental functions or services shall make those payments only from current revenues legally available to the paying party. ARTICLE VIII. INDEMNIFICATION. TO THE EXTENT ALLOWED BY LAW, EACH PARTY AGREES TO RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS THE OTHER (AND ITS OFFICERS, AGENTS, AND EMPLOYEES) FROM AND AGAINST ALL CLAIMS OR CAUSES OF ACTION FOR INJURIES (INCLUDING DEATH), PROPERTY DAMAGES (INCLUDING LOSS OF USE), AND ANY OTHER LOSSES, DEMANDS, SUITS, JUDGMENTS AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES AND EXPENSES, IN ANY WAY ARISING OUT OF, RELATED TO, OR RESULTING FROM ITS PERFORMANCE UNDER THIS AGREEMENT, OR CAUSED BY ITS NEGLIGENT ACTS OR OMISSIONS (OR THOSE OF ITS RESPECTIVE OFFICERS, AGENTS, EMPLOYEES, OR ANY OTHER THIRD PARTIES FOR WHOM IT IS LEGALLY RESPONSIBLE) IN CONNECTION WITH PERFORMING THIS AGREEMENT. ARTICLE IX. VENUE. The laws of the State of Texas shall govern the interpretation, validity, performance and enforcement of this agreement. The parties agree that this agreement is performable in Collin County, Texas and that exclusive venue shall lie in Collin County, Texas. ARTICLE X. SEVERABILITY. The provisions of this agreement are severable. If any paragraph, section, subdivision, sentence, clause, or phrase of this agreement is for any reason held by a court of competent jurisdiction to be contrary to law or contrary to any rule or regulation having the force and effect of the law, the remaining portions of the agreement shall be enforced as if the invalid provision had never been included. ARTICLE XI. 2 ENTIRE AGREEMENT. This agreement embodies the entire agreement between the parties and may only be modified in a writing executed by both parties. ARTICLE XII. SUCCESSORS AND ASSIGNS. This agreement shall be binding upon the parties hereto, their successors, heirs, personal representatives and assigns. Neither party will assign or transfer an interest in this agreement without the written consent of the other party. ARTICLE XIII. IMMUNITY. It is expressly understood and agreed that, in the execution of this agreement, neither party waives, nor shall be deemed hereby to have waived any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. By entering into this agreement, the parties do not create any obligations, express or implied, other that those set forth herein, and this agreement shall not create any rights in parties not signatories hereto. ARTICLE XIV. TERM. This agreement shall be effective upon execution by both parties and shall continue in effect annually until final acceptance of the Project. This agreement shall automatically renew annually during this period. APPROVED AS TO FORM: By: Name: Title: Date: ATTEST: By: Name: Carrie Smith Title: City Secretary Date: APPROVED AS TO FORM: By: Name: Clark McCoy Title: City Attorney Date: COUNTY OF COLLIN, TEXAS By: Name: Keith Self Title: County Judge Date: Executed on this day of , 2016, by the County of Collin, pursuant to Commissioners' Court Order No. CITY OF , TEXAS By: Name: Philip Sanders Title: City Manager Date: Executed on behalf of the City of Anna pursuant to City Council Resolution No. INTERLOCAL AGREEMENT BETWEEN COLLIN COUNTY AND THE CITY OF ANNA CONCERNING THE RELOCATION OF UTILITIES ALONG US 75 FROM THE COLLIN COUNTY OUTER LOOP TO FM 455 NEW 2007 BOND PROJECT #07-00-57 WHEREAS, the County of Collin, Texas ("County") and the City of Anna, Te: into an agreement concerning the relocation of utilities along US 75 from the C FM 455 (the "Project") in Anna, Collin County, Texas; and WHEREAS, the relocation of utilities is required to facilitate the Texas Depart ("TxDOT") widening project of US 75 in the City of Anna, Texas; and WHEREAS, the Interlocal Cooperation Act (Texas Government Code Chapter government to contract with one or more local governments to perform governr services under the terms of the Act; and WHEREAS, the City and County have determined that the improve economically by implementing this agreement. i NOW, THEREFORE, this agreement is made and entered into by the County and the City upon and for the mutual consideration stated herein. WITNESSETH: ARTICLE I. The City shall arrange to relocate certain utility lines necessary for improvements to US Highway 75, hereinafter called the "Project". The Project shall consist of relocating and constructing approximately 11,957 linear feet of water lines running parallel to and/or crossing US Highway 75. All improvements shall be designed to meet or exceed the current City of Anna design standards and shall be constructed in accordance with the plans and specifications approved by the City. 11 ARTICLE II. The City shall prepare plans and specifications for the improvements, accept bids and award a contract to construct the improvements and administer the construction contract. In all such activities, the City shall comply with all state statutory requirements. ARTICLE III. The City shall acquire all utility easements necessary for construction of the Project. ARTICLE IV. The City estimates that the total cost of the Project will be $1,812,000. The County agrees to fund the entire amount, $1,812,000, from County Discretionary funds until such time the 2016 Bond funds are ld and made available. The City estimates that it will receive approximately $1,120,000 in reimbursements from the Texas Department of Transportation ("TxDOT") for the Project. The City agrees to remit to the County an amount equal to all reimbursements it receives from TxDOT for Project costs (the "TxDOT Reimbursable Amount") within thirty (30) days of receiving any Project reimbursement. The County shall remit to the City an amount equal to the cost for engineering design, within thirty (30) days Per the City issues a notice to proceed to the design engineer and the City requests payment. The County shall remit to the City an amount equal to the total construction contract price for the Project within thirty (30) days after the City issues a notice to proceed to the lowest responsible bidder, and the City requests payment. The County shall remit to the City an amount equal to the easement acquisition costs within thirty (30) days after the City acquires the necessary Project easements and the City request payment. The total contribution from the County (the "County Contribution") shall not exceed $2,000,000. The "total cost of the Project" shall include easement acquisition, engineering, construction, inspection, testing, and construction administration costs including contingencies. ARTICLE V. The City agrees that the 2007 Bond Project #07-009, Mantua Road shall be reduced by an amount equal to the County Contribution less the actual TxDOT Reimbursable Amount If the difference between the County Contribution and the actual TxDOT Reimbursable Amount is greater than the amount that is available in the #07-009, Mantua Road account, the City will reimburse the County the additional required amount. ARTICLE VI. The City shall prepare for the County an itemized statement specifying Project costs that have been incurred to date and submit detailed Project cost and progress reports every thirty (30) days until Project completion. ARTICLE VII. The City and County agree that the party paying for the perfo ce of governmental functions or services shall make those payments only from current revenues legally available to the paying party. ARTICLE VIII. 4t% INDEMNIFICATION. TO THE EXTENT ALLOWED BY LAW, EACH PARTY AGREES TO RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS THE OTHER (AND ITS OFFICERS, AGENTS, AND EMPLOYEES) FROM AND AGAINST ALL CLAIMS OR CAUSES OF ACTION FOR INJURIES (INCLUDING DEATH), PROPERTY DAMAGES (INCLUDING LOSS OF USE), AND ANY OTHER LOSSES, DEMANDS, SUITS, JUDGMENTS AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES AND EXPENSES, IN ANY WAY ARISING OUT OF, RELATED TO, OR RESULTING FROM ITS PERFORMANCE UNDER THIS AGREEMENT, OR CAUSED BY ITS NEGLIGENT ACTS OR OMISSIONS (OR THOSE OF ITS RESPECTIVE OFFICERS, AGENTS, EMPLOYEES, OR ANY OTHER THIRD PARTIES FOR WHOM IT IS LEGALLY RESPONSIBLE) IN CONNECTION WITH PERFORMING THIS AGREEMENT. IL I ARTICLE IX. VENUE. The laws of the State of Texas shall govern the interpretation, validity, performance and enforcement of this agreement. The parties agree that this agreement is performable in Collin County, Texas and that exclusive venue shall lie in Collin County, Texas. r ARTICLE X. SEVERABILITY. The provisions of this agreement are severable. If any paragraph, section, subdivision, sentence, clause, or phrase of this agreement is for any reason held by a court of competent jurisdiction to be contrary to law or contrary to any rule or regulation having the force and effect of the law, the remaining portions of the agreement shall be enforced as if the invalid provision had never been included. ARTICLE XI. ENTIRE AGREEMENT. This agreement embodies the entire agreement between the parties and may only be modified in a writing executed by both parties. ARTICLE XII. W SUCCESSORS AND ASSIGNS. This agreement shall be binding upon the parties hereto, their successors, heirs, personal representatives and assigns. Neither party will assign or transfer an interest in this agreement without the written consent of the other party. ARTICLE XIII. IMMUNITY. It is expressly understood and agreed that, in the execution of this agreement neither party waives, nor shall be deemed hereby to have waived any immunity or defense that woulc otherwise be available to it against claims arising in the exercise of governmental powers and functie By entering into this agreement, the parties do not create any obligations, express or implied, other tl those set forth herein, and this agreement shall not create any rights in parties not signatories hereto. ARTICLE XIV. TERM. This agreement shall be effective upon execution by both parties and shall continue effect annually until final acceptance of the Project. This agreement shall automatically a during this period. APPROVED AS TO FORM: By: Name: Title: Date: ATTEST: By: Name: Carrie Smith Title: City Secretary Date: ._ By: Name: Clark McCoy Title: City Attorney Date: COUNTY O IE By: Name: Keith Self Title: County Judge Date: Executed on this day of 2016, by the County of Collin, pursuant to Commissioners' Court Order No. CITY OF , TEXAS By: Name: Philip Sanders Title: City Manager Date: Executed on behalf of the City of Anna pursuant to City Council Resolution No. u BIRKHOFF, HENDRICKS & CARTER, L.L.P. PROFESSIONAL ENGINEERS 11910 Greenville Ave., Suite 600 Dallas, Texas 75243 JOHN W. BIRKHOFF, P.E. GARY C. HENDRICKS, P.E. JOE R. CARTER, P.E. MATT HICKEY, P.E. ANDREW MATA, JR., P.E. JOSEPH T. GRAJEWSKI, 1111, P.E. DEREK B. CHANEY, RE CRAIG M. KERKHOFF, P.E. Joseph Johnson, CPM Director of Public Works City of Anna 111 North Powell Parkway Anna, Texas 75409 Re: General Engineering Services — Task Order US 75 Utility Relocations (V 02-15-2016) Dear Mr. Johnson: Phone (214) 361-7900 www.bhcllp.com A, February 15, 20 In accordance with your request and our existing general engineering services agreement, we are pleased to submit this General Services Task Order letter for services related to the preparation of plans, specifications, bidding documents and contract administration for the: Relocations of water and sewer utilities in conflict with the widening of US HWY 75 From: the Collin County Outer Loop To: north of FM 455. GENERAL PROJECT DESCRIPTION Prepare plans specifications and bidding documents; and provide construction contract administration for the required water and wastewater relocations to accommodate the Texas Department of Transportation's U.S. Highway 75 Paving and Drainage Improvements Project. ed on resu s of the U.S. Highway 75 Utlity Relocation Evaluation Report, we have estimated V required water and sewer relocations as follows: 1. Relocation of the existing 6-inch water line generally along the east side of US 75 from the Collin County Outer Loop to FM 455 (Relocated with a 12-inch water line). 2. One (1) 12-inch crossing under US 75 TBPE Firm 526 ACEC Wellness Firm =;> Better Decisions -Better Designs TBPLS Firm 100318-00 1:\7015 contdev\anna\2015 us 75 utility relocations\us 75 utility relocations -task authorization format agreement.docx Mr. Joseph Johnson, CPM General Services Task Order: US 75 Utility Relocations February 15, 2016 Page 2 of 9 3. Relocation of a 6-inch water line constructed generally along the west side of US 75 just north of the Collin County Outer Loop to be relplaced with an 8-inch water line 4. Relocation of an existing 12-inch water line generally located along the we just south of F.M. 455. A Project Location Map marked "Exhibit A" is attached hereto and made a 4retof t] Based on our understanding of the project requirements, our opinion of probable project budget is summarized below: US Highway 75 Utility Relocations Opinion of Probable Construction Cost $1,401,332 Quality Control, Material Testing & Inspection Services (by others) $70,066 Basic Engineering and Additional _ Services $227,650 Land Rights Acquisitions $111,960 Total Project Budget $1,811,008 A copy of our itemized opinion of cost is attached as Appendix A for reference only. aration of Plans, Specifications, Bidding Documents and Construction aract Administration on the findings in Part A above, preparation of construction plans, specifications, bidding ervices and construction administration phase services for the following: 0 Construction Plan -Profile Sheets prepared at a scale of not less than V= 20'. B. Standard Details. C. Special Details. Texas American Public Works Association 2010 Awardee Environmental Project of the Year $10 - $100 Million lA7015 contdev\anna\2015 us 75 utility relocations\us 75 utility relocations -task authorization format ageement.docx Texas Firm F'526 Mr. Joseph Johnson, CPM General Services Task Order: US 75 Utility Relocations February 15, 2016 Page 3 of 9 D. Cover Sheet, Location Map and Sheet Index. E. Submittals to State Regulatory Agencies, as required. F. Preparation of Texas Department of Transportation permits, as G. Coordination with other Franchise Utility companies. H. 2-Design review meetings. I. Opinion of Probable Construction Estimate. *.W*!* J. Preparation of Specifications and Contract Documents. K. Assist in procuring geotechnical engineering information or reports as theeroject requirements dictate. L. Printing of preliminary plans and specifications for review by the City. Bidding Phase A. Assist the City staff in advertising for bids. This will include e-mailing "Notice to Contractors" to contractors experienced in this type of construction. City will have Notice published in local newspaper. B. Sell bidding documents to potential bidders and their suppliers and other parties. C. Provide bidding documents to City of Anna, Dodge Reports, and two other parties requested by the City. D. Assist during opening of bids and provide bidding tally sheets. E. Provide bid tabulation to City and contractors who submitted bids. F. Obtain the following information from the lowest bidder: 1. Past work history. 2. Physical resources to produce the project. G. Formulate opinion from information received and provide the City a summary of the opinion for their use in selection and award of the construction contract. H. After award of contract, furnish ten sets of prints of the final plans, specifications and contract documents to the City for construction use by the City and Contractor. Construction Phase A. Attend a pre -construction conference, including preparing an agenda. Texas American Public Works Association 2010 Awardee Environmental Project of the Year $10 - $100 Million lA7015 contdev\anna\2015 us 75 utility relocations\us 75 utility relocations -task authorization format ageement.docx Texas Firm F526 Mr. Joseph Johnson, CPM General Services Task Order: US 75 Utility Relocations February 15, 2016 Page 4 of 9 B. Attend coordination meetings with contractor, quality control personnel, and City representatives to discuss strategy, problem areas, progress, and any coordination. C. Review shop drawings and other submittal information, which the Contractor submits. This review is for the benefit of the Owner and covers only general conformance with information given by the Contract Documents. The contractor is to review and stamp their approval on submittals prior to submitting to the Engineer. Review by the Engineer does not relieve the Contractor of any responsibilities, safety measures or the necessity to construct a complete and workable facility in accordance with the Contract Documents. D. Provide written responses to requests for information or clarification to City or Contractor. E. Prepare and process routine change orders for this project as they pertain to the original scope of work. F. Make periodic site visits during construction as the project requirements dictate. Minimum of one project site visit per month. G. Review monthly pay request from information obtained in the field. H. Accompany the City during their final inspection of the project. I. Recommend final acceptance of work based on information from the on -site representative. J. Prepare Record, Drawings. Utilizing on -site representative and Contractor construction rd information, consultant will prepare one set of 22"x 34" reproducible record drawings on mylar and one set of electronic image files in Adobe Acrobat file format and ACAD.dwg file format. Ad %lonal Services A. Design, Property and Construction Surveys. B. Preparation of Plat and Field Note Descriptions for expected water line easements required. Twenty Four (24) easement descriptions are included for the purpose of establishing a budget for this phase of work. Texas American Public Works Association 2010 Awardee Environmental Project of the Year $10 - $100 Million lA7015 contdev\anna\2015 us 75 utility relocations\us 75 utility relocations -task authorization format ageement.docx Texas Firm F'526 Mr. Joseph Johnson, CPM General Services Task Order: US 75 Utility Relocations February 15, 2016 Page 5 of 9 C. Printing of final plans and specifications for distribution to prospective bidders and the successful contractor. D. Attend Texas Department of Transportation Utility Coordination Meetings Part III: Exclusions * The intent of this scope of services is to include only the services specificalyy listed herein and none others. Services specifically excluded fro this cope of services include, but are not necessarily limited to the following: 1k A. Environmental impact statements and assessments. B. Fees for permits or advertising. C. Certification that work is in accordance with p an9tions. D. Environmental cleanup. E. Landscape architecture. F. Flood plain reclamation plans. G. Trench safety designs. H. Quality control and testing services during construction. I. Services in connection with condemnation hearings. J. Phasing of Contractor's work. K. On -site safety precautions, programs and responsibility. L. Consulting services by others not included in proposal. M. Revisions and/or change orders as a result of revisions after completion of original design (unless to correct error on plans). N. Traffic engineering report or study. O. Title searches. P. Preparation of Interlocal Agreement with TxDOT for reimbursements Texas American Public Works Association 2010 Awardee Environmental Project of the Year $10 - $100 Million lA7015 contdev\anna\2015 us 75 utility relocations\us 75 utility relocations -task authorization format ageement.docx Texas Firm F'526 Mr. Joseph Johnson, CPM General Services Task Order: US 75 Utility Relocations February 15, 2016 Page 6 of 9 Part IV: COMPLETION SCHEDULE Notice to Proceed From City ............................... At direction of City Submit Preliminary Plans to City ...................... 8 weeks after Notice to Proceed Submit Plats and Field Notes: ............................. 6 weeks after Notice to Proceed Complete Final Plans & Bidding Documents .... 2 weeks after City's Initial Review Land Rights Acquisitions: ................................... By the City of Anna 4W Advertise Project for Bids: ................................ At City's Direction # Construction Phase: ............................................. 4 months after notice to proceed Part V: FEE NOT TO EXCEED AMOUNT Part I - Basic Services Payment for Part I - Basic Services described(ihe r Design, Bidding and Construction Contract Administration, shall be on a Lump Sum Basis following Amounts: Design Phase $110,750 Bidding Phase $7,400 Construction Phase $29,500 Total Basic Services Lump Sum Fee $147,650 M Part II - Additional Services For the Additional Services described in Part C we propose to be compensated on a salary cost basis times a multiplier of 2.35, with expenses at actual invoice cost times 1.10. The two man survey crew will be billed at a crew rate of $165 per hour. Automobile mileage for special services will be invoiced at $0.50 per mile. We suggest you budget approximately $80,000 in the following amounts for Part II Additional Service for this project: Texas American Public Works Association 2010 Awardee Environmental Project of the Year $10 - $100 Million lA7015 contdev\anna\2015 us 75 utility relocations\us 75 utility relocations -task authorization format ageement.docx Texas Firm F'526 Mr. Joseph Johnson, CPM General Services Task Order: US 75 Utility Relocations February 15, 2016 Page 7 of 9 A. Design and Boundary Surveys $20,500 B. Preparation of Plat and Field $54,000 Note Descriptions (24 each) C. Printing of Plans & $1,500 Specifications D. TxDOT Utility Coordination $4,000 Meetings Total Additional Service Not to $80,000 Exceed Amount OF Texas Board of Professional Land Surveying Contact Informatio Recipients of professional land surveying services under this agreement may direct complaints regarding such services to the Texas Board of Professional Land Surveying, 12100 Park 35 Circle, Building A, Suite 156, MC 230, Austin, TX 78753, Phone (512) 239-5263, Fax (512) 239-5253. If this General Engineering Services Agreement Task Order meets with your approval, please sign and return one set to our office along with your directive to proceed. We look forward to working with you on this important project for the City of Anna and are available to discuss this task further at your convenience. /ONN Sincerely yours, ,A^ APPROVED FOR THE CITY OF ANNA, TEXAS Sanders, City Manager Date Joseph Johnson, CPM, Director of Public Works Clark McCoy, Wolfe, Tidwell & McCoy, L.L.P. Gary C. Hendricks, P.E., R.P.L.S. Texas American Public Works Association 2010 Awardee Environmental Project of the Year $10 - $100 Million lA7015 contdev\anna\2015 us 75 utility relocations\us 75 utility relocations -task authorization format ageement.docx Texas Firm F'526 Exhibit A - Project Location Map _ y' ♦ f Y -- ��^ �wrer ur.nx • 1 01vol-�11 NA r- i' � ' _ ,•ram + i J �. '"m-, EXHIBIT A U.S. 75 UTILITY RELOCATION CONCEPTUAL LAYOUT 4m'9F u1x�,T•lW li1M1A1[Y>_01h TBPE Firm 526 ACEC Wellness Firm =, Better Decisions -Better Designs TBPLS Firm 100318-00 l:\7015 contdev\anna\2015 us 75 utility relocations\us 75 utility relocations -task authorization format agreement.docx Appendix A - Opinion of Probable Project Cost BIRKHOFF, HENDRICKS & CARTER, L.L.P. PROFESSIONAL ENGINEERS Client: City of Anna, Texas Project; U.S. 75 Utility Relocation Protect Budget Summary and Responsibility ENGINEER'S OPINION OF CONSTRUCTION COST Project No. Contraet Dev Date: 15-Feb-16 By: GCH 11crn Xn. D-ri rtimr Texas Ile tt, of Tree. ortatian Rcs tonsihility City of Anae Rcs aons[hilin Cin of %nna H-inele Oeard- Participation - uantkN I: nit, Unit Pricc .cl l'lll er Amount uanrin knits I. nit Price : S[l'n[ i'1 Amot ra aennh Lhvils 1l'rSrl' Unil. Price Anrounf. I Right-0of Way Preparation 1.06 Sat, S 250,00 $ 26.500 6 Sla. $ 250.00 $ 1,500 Fumish & Install 8" P.V.C. Water Line (AW WA C•900, DR-1 8) 9,459 L F. S 45,00 $ 425,655 544 L F. $ 4500 $ 24,480 8,571 L_F. $ 1000 $ 85,710 3 Famish & Install 8" R V.C. Water Line (A W WA C-900, DR-18) by Open Cut with Type "G" Concrete Embedment and All Fittings 291 L.F. S 70,00 S 20,3711 85 L.F. 5 70,00 $ 5,950 212 L.F. $ 15.00 S 3.180 4 Furnish & Install 12" P.V.C. Water Line (AW WA C-900, DR-l8) by Other Than Open Cut with 18" Steel Encasement (14') 0 L.F. S 350,00 $ 696 L.F. S 450.00 S 313,201) Furnish and Install 12" PVC Water Line by Open Cut 817 L.F. S 55,00 $ 44.935 0 L.F. S 55.00 $ o Furnish & Instal l 16" Split Eneas. Pipe on Existing 12" Water Line 0 L.F. S 250.00 $ 65 L.F. $ 250.00 $ 16,250 7 Connect to Existing Water Service, including Service Saddle and All Fittings to Connect to Existing Meter and Meter Box 17 Ea. S 500,00 $ 8500 0 Ea. $ 750.00 $ 8 Famish & Install 8" Resilient Seated Gate Valve (AW WA C509), Including Valve Stack, Valve Pad and Valve Extension 1.5 Ea. S 2,400.00 $ 36,768 9 Ea. $ 2,400.00 $ 20,506 24 Ea. $ 1,100.00 $ 26,250 y Fumish & Install 12" Resilient Seated Gate Valve (AWWA C509). Including Valve Stack, Valve Pad and Valve FOCnSlOn 3 Ea. S 3,500.00 $ 10,500 0 Ea. S 3,500.00 $ 10 Fumish & Instal[ Standard Fire Hydrant and Fittings 21 Ea. S 3,000.00 S 61,920 1 Ea. S 3,000.00 $ 3,264 11 Connect to Existing 6" Water Line 4 Ea. S 1,500.00 $ 6,000 1 €a. S t,500.00 $ 1,500 12 Connect to Existing 12" Water Line 2 Ea. S 2,500.00 $ 5,000 n Ea. $ 2,500.00 $ 13 Cut, Plu • & Abandon 6" Watcr Line 3 Ea. S 600.00 S 1,800 Ea. S 600.00 $ 1,200 14 Cut, Plug & Abandon 12" Water Line I Ea. S 1,000.00 S 1,000 0 Ea. $ 000.00 $ 15 Famish Erosion Control Plan 4 L.S. S 1,500,00 $ 6,000 t L.S. S t,500.00 $ 1,500 16 Fumish, Install, Maintain and Remove Erosion Control Devices 10,567 L.F. S 150 $ 15,851 629 L.F. S 2.00 $ 1,258 17 Famish, Install, Maintain and Remove Traffic Control Dcvicc, 4 L.S. S 5,000.00 $ 20,000 l L.S. S 5,000.00 $ 5,000 18 Famish Trench Safety Plan 4 L.S. S 2.,000.00 $ 8,000 I L.S. $ 2,000.00 $ 2,000 19 Furnish, Install, Maintain and Remove Trench Safety System 19,567 LF. $ L50 S 15,951 629 1 L.F, $ 1.50 $ 944 20 Remove and Reset Existing Mailbox 17 Ea, S 400,00 S 6,800 0 Ea. $ 400.00 $ .'.I Remove and Replace Concrete Sidewalk 64 S.Y. S 56,00 $ 3.573 0 S.Y. S 56.00 $ 25 Remove and Replace Gravel Driveway 80 S.Y. S 25,00 $ 2.000 U S.Y. S 25.00 $ 23 Remove and Replace Concrete D ni cway 458 S.Y. S 60.00 $ 27,480 0 S.Y. $ 60.00 $ 24 Remove and Re lace Asphalt Pavement 127 S.Y. $ 45A0 $ 5,715 0 S.Y. $ 45.00 $ Subtotal: $ 760,222 0 0 $ S 398,576 $ 115.140 Contingencies and Miscellaneous Iterns 10% $ 76,022 101% 0 S $ 39.,858.00 1015 $ 11,114 Construction Total: $ $36,244 0 0 $ $ 438,434 $ 126,654 Fasement Ac uisition 211,340 S.F. $ 0.50 $ 105,670 12,580 S.F. $ 0.50 $ 6,290 Engineering,Surveying, Platting, Construction Admin: 16.2% $ 135,849.95 1&2% $ 71,224.71 16.2%1 S 20,575.3-1 Quality Control & Materials Testing 3rd Pa 2.5% S 20,906 2.5% $ 10,961 2,51 1 S 3,166 Inspection Services 2.5% S 20,906 2.5% $ 10,961 2.5% 1 S 3.166 Project Tota]: $ 1,119,576 1 $ 537,870 1 $ 153,562 USE: 5 1,120,000 $ 538,000 $ 154,000 PROJECT SUBTOTAL: $1,658,000 $154,000 PROJECT GRAND TOTAL: $1,812,000 Calculated Pcreent Participation excluding oversize cost: 67.55% 32.45"/, 100% Calculated Percent Participation ryith oversize cost included: 61.81% i$.l4`YL TBPE Firm 526 ACEC Wellness Firm =- Better Decisions -Better Designs TBPLS Firm 100318-00 l:\7015 contdev\anna\2015 us 75 utility relocations\us 75 utility relocations -task authorization format agreement.doex CITY CF ANNA, TEXAS AGENDA SUBJECT: Item No. 8 City Secretary's use only City Council Agenda Staff Report Date: April 26, 2016 Staff Contact: City Manager Exhibits: N/A 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: SUMMARY: 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); ETJ Boundary, Building Permit Requirements. b. discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); acquisition of right-of-way, easements, and land for municipal facilities. c. discuss or deliberate personnel matters (Tex. Gov't Code §551.074); City Attorney annual review. The Council further reserves the right to enter into closed session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. STAFF RECOMMENDATION: CITY OF ANNA, TEXAS Item No. 9 City Secretary's use only City Council Agenda Staff Report Date: April 26, 2016 Staff Contact: City Manager Exhibits: N/A AGENDA SUBJECT: Consider/Discuss/Action on any items listed on the posted agenda or any closed session occurring during this meeting, as necessary. SUMMARY: STAFF RECOMMENDATION: CITY OF ANNA, TEXAS AGENDA SUBJECT: Adjourn SUMMARY: Item to adjourn the meeting. STAFF RECOMMENDATION: Staff recommends a motion to adjourn. Item No. 10 City Secretary's use only City Council Agenda Staff Report Date: April 26, 201 E Staff Contact: City Manager Exhibits: None