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HomeMy WebLinkAboutCCpkt2024-01-09 Work Session & Regular Meeting AGENDA City Council Work Session Tuesday, January 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 will meet in a Closed Session at 5:30 PM, on January 9, 2024, at the Anna Municipal Complex - Council Chambers, 120 W. 7th Street, 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. 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 a place readily accessible to the public at the Anna City Hall and on the City Hall bulletin board at or before 5:00 p.m. on 01/05/2024. ______________________________ Carrie L. Land, City Secretary AGENDA City Council Meeting Tuesday, January 9, 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 01/09/2024 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. a. Report on the December 2023 Parks Advisory Board Meeting. (Director of Neighborhood Services Marc Marchand) 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 City Council Meeting Minutes for December 12, 2023. (City Secretary Carrie Land) b. Review Minutes of the November 2, 2023, and November 20, 2023 (Special Called), Joint Community Development Corporation and Economic Development Corporation Board Meetings. (Interim Director of Economic Development Bernie Parker) c. Review Minutes of the December 4, 2023 Planning & Zoning Commission Meeting. (Interim Director of Development Services Nader Jeri) d. Resolution authorizing an agreement with McCreary Veselka Bragg & Allen, PC Attorneys at Law for collections of delinquent court fines and fees. (Interim Director of Finance, Aimee Rae Ferguson) 6. Items For Individual Consideration. a. Consider/Discuss/Action on a Resolution authorizing the City Manager to execute an agreement for professional services with Lee Engineering in an amount not to exceed $54,970 for the design of gateway signs on US 75 in the City of Anna, Texas. (Assistant City Manager Greg Peters, P.E.) b. Consider/Discuss/Action on a Resolution authorizing the City Manager to execute an agreement for professional services with Lee Engineering in an amount not to exceed $79,290 for the planning and design of wayfinding signage for public parks and facilities, including secondary gateway signage, in the City of Anna, Texas. (Assistant City Manager Greg Peters, P.E.) c. First Reading of a Resolution authorizing the Anna Community Development Corporation to enter into a loan agreement with Lamar National Bank to finance land acquisition. (Interim Director of Economic Development Bernie Parker) d. Second Reading of a Resolution authorizing the Anna Community Development Corporation to enter into a loan agreement with Lamar National Bank to finance land acquisition. (Interim Director of Economic Development Bernie Parker) e. Consider/Discuss/Action on a Resolution ratifying and authorizing the Anna Community Development Corporation to enter into a loan agreement with Lamar National Bank to finance land acquisition. (Interim Director of Economic Development Bernie Parker) f. Consider/Discuss/Action on appointments to the 2024 Boards and Commissions Interview Committee. (City Secretary Carrie Land) 7. 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). Boards and Commissions The Council further reserves the right to enter into Executive Session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. 8. 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. 9. 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 01/05/2024. ________________________________ Carrie L. Land, City Secretary Item No. 4.a. City Council Agenda Staff Report Meeting Date: 1/9/2024 Staff Contact: Marc Marchand AGENDA ITEM: Report on the December 2023 Parks Advisory Board Meeting. (Director of Neighborhood Services Marc Marchand) SUMMARY: This item will allow the Director of Neighborhood Services to provide the City Council with an update on the work of the Parks Advisory Board. In the December Parks Advisory Board meeting, the following items were received, discussed, and/or acted upon: 1. Update on all Parks capital improvement projects. 2. Discuss and consider advisement regarding the dedication of park land south of FM 455 and between future Buddy Hayes Boulevard and future Persimmon Drive. 3. Discuss and consider advisement on naming recommendations for a future park. 4. Discussion of the placement of future items on the agenda. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: The City of Anna Parks Advisory Board meets monthly to review parks initiatives in the City of Anna and provide recommendations to the City Council. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Excellent. ATTACHMENTS: Item No. 5.a. City Council Agenda Staff Report Meeting Date: 1/9/2024 Staff Contact: AGENDA ITEM: Approve City Council Meeting Minutes for December 12, 2023. (City Secretary Carrie Land) SUMMARY: FINANCIAL IMPACT: BACKGROUND: STRATEGIC CONNECTIONS: ATTACHMENTS: 1. CCmin2023-12-12 Work Session 2. CCmin2023-12-12 City Council Work Session Meeting Minutes Tuesday, December 12, 2023 @ 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 at 5:30 PM, on December 12, 2023, at the Anna Municipal Complex - Council Chambers, 120 W. 7th Street, to consider the following items. 1. Call to Order, Roll Call, and Establishment of Quorum. Mayor Pike called the meeting to order at 5:32 PM. Members Present: Mayor Nate Pike Mayor Pro Tem Lee Miller Deputy Mayor Pro Tem Randy Atchley Council Member Stan Carver Council Member Elden Baker Council Member Pete Cain Members Absent: Council Member Kevin Toten 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). State law compliance and related issues. Proposed health and safety, development and jurisdictional ordinances, procedures, and related matters. 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). Boards and Commissions MOTION: Mayor Pike moved to enter closed session. Mayor Pro Tem Miller seconded. Motion carried 4-0. Mayor Pike recessed the meeting at 5:33 PM. Mayor Pike reconvened the meeting at 6:07 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 Pike adjourned the meeting at 6:07 PM. Approved on the 9th day of January 2024 ________________________________ ATTEST: Mayor Nate Pike ________________________________ City Secretary Carrie L. Land Regular City Council Meeting Meeting Minutes Tuesday, December 12, 2023 @ 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 December 12, 2023 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 Pike called the meeting to order at 6:07 PM. Members Present: Mayor Nate Pike Mayor Pro Tem Lee Miller Deputy Mayor Pro Tem Randy Atchley Council Member Stan Carver Council Member Elden Baker Council Member Pete Cain Members Absent: Council Member Kevin Toten 2. Invocation and Pledge of Allegiance. Mayor Pike led the Invocation and Pledge of Allegiance. 3. Neighbor Comments. James Oler spoke about road conditions and safety concerns. 4. Reports. a. Proclamation of victory by the Anna High School Coyotes football team advancing to the Class 4A Division 1 state championship and closing of Anna City Hall on Friday, December 15, 2023. b. Diversity and Inclusion Advisory Commission November 27, 2023 Meeting Action for Advisement. (Assistant City Manager Taylor Lough) At the November 27th meeting, members of the City Council and Diversity and Inclusion Advisory Commission met to discuss the Commission's current projects. The Commission again advised the Council to begin a Youth Employment Program for three interns with the City of Anna. The Commission also advised the Council to allocate funds for the City of become an associate partner with Project Unity to host Together We Dine programs, to host four facilitated conversations over meals. 5. Work Session. a. Zoning Discussion (Pecan Grove Addition) - West side of CR 423, 1,410± feet north of N. Powell Parkway (Planner II Salena Tittle) Withdrawn. 6. Consent Items. MOTION: Mayor Pro Tem Miller moved to approve Items 6.a.-k. Council Member Baker seconded. Motion carried 6-0. a. Approve City Council Meeting Minutes for November 14, 2023. (City Secretary Carrie Land) b. Review Minutes for the May 15, 2023, June 20, 2023, July 17, 2023 and August 21, 2023 Parks Advisory Board Meeting. (Neighborhood Services Director Marc Marchand) c. Review Minutes for the October 23, 2023 Diversity and Inclusion Advisory Commission Meeting. (Assistant to the City Manager Kimberly Winarski) d. Review Minutes of the November 6, 2023 Planning & Zoning Commission Meeting. (Director of Development Services Ross Altobelli) e. Approve a Resolution amending the City of Anna Personnel Policy Manual. (Director of Human Resources Stephanie Beitelschies) Sections of the proposed policy are being changed to provide clarification as well as general cleanup. Overall, these changes will provide support to staff’s day-to-day city operations, provide amendments consistent with market conditions, and update policies consistent with current operational practices. The proposed revisions are listed below: 1. Acknowledgment form – minor revision to account for the policy being electronic. 2. Exempt or non-exempt status – minor revision to update section reference in 101.9. 3. Probation period – clarification that probationary employees are not entitled to a review period. 4. Dress code – update to clarify the Municipal Complex (note: this is a policy staff is recommending to be a future Administrative Directive signed by the City Manager). 5. Administrative leave – added that administrative leave may be granted by the City Manager (to align with current practice). 6. Dismissals – clarification that dismissals do not refer to probationary employees. 7. Sick leave – sick leave may not be used during the first 30 days of employment (replacing 90). 8. Vacation leave – may be taken after the first 30 days rather than after 6 months with the ability to be reduced with City Manager's approval. 9. Overtime and compensatory time for Police Department - to align compliance with Texas Local Government Code section 142.0015(f) and remove compensatory language so that the compensatory time will not lapse after one year. 10. Use of paid leave – clarifies the City may send notification to the employee that FMLA is being used (generalizing rather than requiring department head to copy HR, because in practice HR is currently tracking and sending notices) 11. Medical Certification – clarification from HR Administrator to HR Department. 12. Performance Improvement Plan – adds employees must respond to a PIP within 24 hours of receipt. 13. Employee performance evaluation - adds employees must respond to a PIP within 24 hours of receipt. 14. Changes to the 108 referring to electronics removes pagers, replaces Finance with IT and states IT can change passwords (replacing the fact that staff will keep passwords on file because that would be violating the proposed password policy). A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, COLLIN COUNTY, TEXAS, APPROVING AMENDMENTS TO THE CITY OF ANNA PERSONNEL POLICY MANUAL f. Approve a Resolution rejecting all bids for the Slayter Creek Park restroom and concrete construction project. (Park Planning & Development Manager Dalan Walker) The City of Anna publicly bid the Slayter Creek Park Restroom and Concrete project. Bids were opened on November 27, 2023. However, staff found the bid interest to be insufficient, receiving only one bid which was well over the project budget. Staff recommended the City Council reject the bid and to direct the City to readvertise the project to generate more bids. The purpose of rebidding is to increase competition and to ensure that the City receives the best value for the project budget. A RESOLUTION OF THE CITY OF ANNA, TEXAS REJECTING ALL BIDS RECEIVED FOR THE SLAYTER CREEK PARK RESTROOM AND CONCRETE PROJECT AT THE BID OPENING ON NOVEMBER 27, 2023; AND PROVIDING FOR AN EFFECTIVE DATE. g. Approve a Resolution awarding the construction of landscaping and irrigation improvements in Slayter Creek Park to Tegrity Contractors, Inc. (Park Planning & Development Manager Dalan Walker) The City of Anna selected New Line Skateparks to design the skatepark which is nearing completion at Slayter Creek Park. As part of the design, New Line hired Kimley Horn to develop plans for landscaping and irrigation. Once the skatepark plans were completed, City Council directed staff to move forward with the contract to build the skatepark. Since the skatepark is a specialty construction project, it was determined that the best value for the City was to release a separate contract for landscaping and irrigation in this area of the park. The landscaping and irrigation project is funded through the Park Development Fund. The City of Anna advertised and released a bid process for landscaping and irrigation surrounding the skatepark in Slayter Creek Park on October 27, 2023, and advertised as required by law. Bids were closed on November 27, 2023, and three proposals were received. Tegrity Contractors, Inc. was the lowest responsible bidder with a base bid of $117,777. Staff have contacted references provided by the contractor and find them to be qualified by experience and capacity to do the work. Staff recommended the acceptance of an additive alternate for sod in place of hydroseed in the amount of $10,777. The base bid and alternate together total $128,554. The project includes irrigation system expansion in Slayter Creek park and small landscaped beds, trees, and natural turf, primarily along the perimeter of the skatepark. The scope also includes several small pockets of synthetic grass within the skatepark. A RESOLUTION OF THE CITY OF ANNA, TEXAS AWARDING THE CONSTRUCTION OF IRRIGATION AND LANDSCAPING IMPROVEMENTS AT SLAYTER CREEK PARK TO TEGRITY CONTRACTORS, INCORPORATED IN AN AMOUNT NOT TO EXCEED ONE HUNDRED TWENTY-EIGHT THOUSAND FIVE HUNDRED FIFTY- FOUR DOLLARS AND ZERO CENTS; WITH AN EFFECTIVE DATE. h. Approve a Resolution emergency purchase of equipment and labor for the repair of Well #3. (Director of Public Works Steven Smith) The City of Anna's public water supply utilizes a combination of City-owned and operated wells and treated surface water from North Texas Municipal Water District. Well #3 produced 40% of the groundwater at West Crossing Pump Station and adds over 200,000 gallons per day to the total current water supply needed in the City of Anna, Texas. Well #3 in the City of Anna public water system experienced a catastrophic failure in late September, requiring emergency repairs and equipment replacement. In October, the City contracted with THI Water Well, LLC in order to perform emergency equipment replacement and repairs to Well #3. The total cost of repairs is $168,728.26. The emergency repairs and replacements are complete. However, payment for the work requires City Council approval as the cost exceeds $50,000. Staff recommended approval of this item as it was necessary to preserve public access to adequate water supply in the community. A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE CITY MANAGER TO MAKE PAYMENT TO THI WATER WELL, LLC FOR EMERGENCY PURCHASE OF EQUIPMENT AND LABOR FOR THE REPAIR OF WELL 3 AS SHOWN IN EXHIBIT “A” ATTACHED HERETO, IN THE AMOUNT NOT TO EXCEED ONE HUNDERED SIXTY-EIGHT THOUSAND SEVEN HUNDRED AND TWENTY EIGHT AND TWENTY SIX CENTS ($168,728.26); i. Approve a Resolution authorizing the City Manager to execute a purchase order for the purchase of the G2 Fire Station Alerting System for the Fire Station #2 (Fire Chief Ray Isom) The bump-out communication system is outside the construction scope of Fire Station #2 and is separate from the building. It is considered part of the furnishings and equipment package for the facility. The resolution authorizes the City Manager to execute a contract with Honeywell International, Incorporated, for the installation of the 9-1-1 communication G-2 bump-out system for Fire Station #2. The bump-out (alerting) system is a highly specialized fire station configuration which is outside the scope for completion of Fire Station #2 and was therefore not included in the station project. The G-2 project is a stand-alone system that requires specific approval and fund allocation. The system alerts responding personnel upon dispatch of all emergency calls for service. The automated interface with Collin County Dispatch for alerting our firefighters is vital for decreasing response times. The G-2 system is currently in use at Central Fire Station. Moving forward, this system will be incorporated into the construction of all new fire stations. A RESOLUTION OF THE CITY OF ANNA, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE ORDER FOR THE PURCHASE OF A FIRE STATION ALERTING SYSTEM AS SHOWN IN EXHIBIT “A” ATTACHED HERETO, IN THE AMOUNT NOT TO EXCEED NINETY-FIVE THOUSAND DOLLARS ($95,000); AND PROVIDING FOT AN EFFECTIVE DATE. j. Approve a Resolution authorizing the City Manager to execute an agreement for professional services between the City of Anna, Texas, and Project Advocates for construction project control services for the construction of the Municipal Complex Plaza. (Assistant City Manager Greg Peters, P.E.) Project Advocates is already providing similar services on the Library project. The Plaza component was specifically not included in their original scope due to the City not being sure of the timing of plaza construction. Now that the City is moving forward with construction of the plaza, it is recommended to add this to Project Advocate's scope. This item authorized the City Manager to execute an agreement with Project Advocates to function as the owner's representative through construction of the Municipal Complex Plaza project. Project Advocates has been involved in the project since the beginning and will be assisting in keeping the project on-schedule and on budget through construction, through the following service items: • Managing change orders and contracts • Reviewing pay applications compared to completed work • Attendance at regular construction meetings • Assisting the owner with procurement of furniture, finishing, and signage • Preparation of punch lists and managing contractor completion of all punch list items The proposed cost of $78,716, plus up to $3,000 in reimbursable expenses fits within the current project budget. Staff found the services listed above to be valuable to the City and of significant benefit to the project. Staff recommended approval. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR PROFESSIONAL SERVICES BY AND BETWEEN THE CITY OF ANNA, TEXAS AND PROJECT ADVOCATES FOR CONSTRUCTION PHASE SERVICES ON THE MUNICIPAL COMPLEX PLAZA FOR THE CITY OF ANNA, TEXAS, AS SHOWN IN EXHIBIT “A” ATTACHED HERETO, AND PROVIDING FOR AN EFFECTIVE DATE. k. Approve a Resolution authorizing the City Manager to execute an amendment to the Impact Fee Reimbursement agreement by and between the City of Anna, Texas and Starlight Homes, Ltd. (Assistant City Manager Greg Peters, P.E.) The City Council approved the original agreement by Resolution 2023-04- 1418. In April of this year, the City entered into a Wastewater Impact Fee Reimbursement Agreement by and between the City of Anna, Texas, Starlight Homes, LLC, and Saginaw 106, LTD, for the construction of public sanitary sewer system improvements. The executed agreement was filed in the Official Records of Collin County on or about May 18, 2023. This amendment is an update to the original agreement, stating the following provisions: 1. The City obtained the required CIP Amendment per the agreement so that the project is now included in the City's Capital Improvement Plan. 2. Starlight agrees to complete the construction of the improvements on or before October 1, 2024. 3. Minor changes to terms between the developers. The purpose of this amendment is to acknowledge that the project has been added to the City's Capital Improvement Plan and is eligible for impact fee reimbursement, and to establish a reasonable timeline for construction of the improvements to be completed. The City Attorney has reviewed the amendment and has approved it for City Council consideration. Staff found the terms to be acceptable and recommends approval as a consent agenda item. A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO A WASTEWATER IMPACT FEE REIMBURSEMENT AGREEMENT WITH STARLIGHT HOMES TEXAS, LLC, SAGINAW 106, LTD, AND TFCC COYOTE, LLC, FOR THE DESIGN AND CONSTRUCTION OF PUBLIC SANITARY SEWER SYSTEM IMPROVEMENTS, IN A FORM APPROVED BY THE CITY ATTORNEY; AND PROVIDING FOR AN EFFECTIVE DATE. 7. Items For Individual Consideration. a. Conduct a Public Hearing/Consider/Discuss/Action on an Ordinance to amend an existing Planned Development (Ord. No. 933-2021; Ord. No. 323-2007) following recommendations from the Parks Advisory Board for the single-family detached and single-family attached development. Located on the east side of Leonard Avenue, on the north and south side of E. Foster Crossing Road. (Planning Manager Lauren Mecke) At the Monday, November 6, 2023, Planning & Zoning Commission meeting, the Commission voted 5-0 to recommend approval of the zoning amendment with the following restrictions. Restrictions: A. The location of the planned development zoning district shall be in substantial conformance with the Concept Plan. B. Standards and Area Regulations: Development must comply with the development standards for use, density, lot area, lot width, lot depth, yard depths and widths, building height, building elevations, coverage, floor area ratio, parking, access, screening, landscaping, accessory buildings, signs, and lighting, set forth in the Light Industrial (I-1), Regional Commercial District (C-2), Multi-Family Residential - High Density (MF), Single-Family Residence District (SF-6.0), Mixed-Density District (MD)(TH), and the Planning and Development Regulations except as otherwise specified herein. a. I-1 Light Industrial District: Minimum land area: 85± acres in general conformance with the location as shown on the approved concept plan i. If the land abutting the MD District develops as Light Industrial, the industrial user shall provide a minimum 20-foot landscape buffer with canopy trees staggered at 25-foot centers or evergreen shrubs staggered at two-foot centers with one canopy tree per 50 linear feet. This requirement shall not apply where a right-of-way separates the properties but shall conform to landscape requirements within the Zoning Ordinance. b. C-2 Regional Commercial District: locations as shown on the approved concept plan i. C-2 Regional Commercial with frontage along Collin County Outer Loop has the option to be developed as I-1. c. MF Multi-Family Residential i. Maximum land area: 27± acres in general conformance with the location as shown on the approved concept plan. ii. Landscape Buffer: A 20-foot-wide vegetative buffer shall be provided on the north side of the district where adjacent to a single- family residential district. Trees with a 3” minimum caliber shall be planted staggered at 25-foot centers. iii. MF Multi-Family (26.2 acre tract) has the option to be developed as I-1. d. MD Mixed-Density District i. Minimum lot area for single-family, attached: 2,125 square feet ii. Maximum number of lots: 130 lots iii. Maximum lot coverage (%): 65% e. Additional Residential Standards: The following items shall be implemented as part of the Single Family Residential and Mixed-Density Residential land area; i. Park land dedication and private community center: In an effort to meet a portion of the required park land dedication requirement; dedication of one tract of land for the Single Family Residential and Mixed-Density, as shown on the approved Concept Plan, for the purpose of Neighborhood Parks. Said dedication shall be credited toward the overall dedication requirement of one acre per 50 proposed dwelling units. Multi-Family Residential shall pay park land dedication fee in lieu of park land dedication per discussion with the City’s parks advisory board. ii. Private Community Center/Pocket Parks: 1. One private community center shall be provided within the MD district for the benefit of the SF-6.0 and MD lots. The proposed location shall be in general conformance with the approved Concept Plan to include but not limited to land area, pools, bathroom facilities, guest parking, and associated improvements. 2. Within the SF-6.0 single-family residential development, shall provide a 0.7± acre pocket park. iii. Residential Common Area Lot Landscape buffers: 1. For all single-family zoned properties (SF-6.0 and MD), a landscape buffer, minimum 30-foot-wide common area lot, shall be required adjacent to Leonard Avenue, E. Foster Crossing Road, and County Road 418. 2. Where the MD district abuts a C-2, MF, or I-1 zoning district, a 10-footwide common area lot shall be required. 3. A Landscape Buffer, minimum 15-foot-wide common area lot, shall be required adjacent to the north/south R.O.W. that traverses the SF-6.0 singlefamily residential development as shown on the approved Concept Plan. 4. The landscape buffers and common area lots in this section are to be owned and maintained by the homeowner’s association. These lots shall be planted with one canopy tree (minimum of three-inch caliper and seven feet high at the time of planting) per 40 linear feet along the property line or street frontage. iv. Fencing: 1. Rear and/or side yards of single-family residential lots adjacent to the 30-foot common area lot along Leonard Avenue and E. Foster Crossing Road shall have fencing consisting of an 8-foot-tall cedar fence of uniform design with masonry columns at no less than 50-foot intervals. The fence shall be owned and maintained by the single-family development HOA. 2. Common area lots adjacent to the 30-foot common area lot shall have ornamental metal fence, such as wrought iron or tubular steel, with masonry columns at no less than 50-foot intervals. The fence shall be owned and maintained by the single-family development HOA. 3. Wood fencing of a uniform design shall be constructed along the side lot lines of homes adjacent to the 15-foot-wide common area lots located adjacent to the north/south ROW that traverses through the SF-6.0 single-family residential development as shown on the approved Concept Plan. The fence shall be owned and maintained by the single-family development HOA. 4. Wood fencing of a uniform design shall be constructed along the side lot lines of home located along the Leonard Avenue entrance into the SF-6.0 single-family residential development as shown on the approved Concept Plan. The fence shall be owned and maintained by the single-family development HOA. 5. Masonry screening wall shall be constructed, owned and maintained by the future Regional Commercial and Multi- Family users abutting the MD District. 6. Ornamental metal fences, such as wrought iron or tubular steel shall be constructed along the rear and/or side yard of any residential lot abutting and/or adjacent to open space/common area lot not referenced above. The fencing shall be owned and maintained by the single-family development HOA. 7. All other fencing constructed between residences can be wood. All wood fencing shall be at least six feet in height. Wood fencing shall be stained and sealed. Plastic and chain link fencing is prohibited. v. Sidewalks: 1. Construction of an 8-foot hike and bike trail along the frontage of Leonard Avenue adjacent to SF-6.0 single-family residential development and E. Foster Crossing Road. 2. Sidewalks along non-residential properties shall be a minimum 6-feet wide in the right-of-way, in a pedestrian easement, or in a Hike & Bike Trail easement. Along Collin County Outer Loop, a minimum 12’ wide Hike & Bike Trail easement shall be dedicated. The sidewalk within the Hike & Bike Trail easement shall be reimbursable from the Park Development Fund if the sidewalk constructed is a minimum 8 feet wide. 3. Construction of a minimum 5-foot-wide sidewalk in the right- of-way or within the common area lots in a pedestrian easement traversing north/south through the SF-6.0 single family residential zoned property as shown on the approved Concept Plan. 4. The City of Anna will be responsible for maintaining only those portions of the hike and bike trail or sidewalks that are located within the right-of-way, pedestrian easement, or Hike & Bike Trail easement. vi. Streets: 1. The maximum cul-de-sac length shall not exceed a total length of 650’. C. Plats and/or site plans submitted for the development of the PD shall conform to the data presented and approved on the Concept Plan. Non- substantial changes of detail on the final development plan(s) that differ from the Concept Plan may be authorized by the City Council with the approval of the final development plan(s) and without a public hearing. D. The Concept Plan will expire after two (2) years of approval. 177 Single-family dwellings, detached lots, 129 single-family dwellings, attached lots, park lot, two vacant commercial lots, vacant multi-family dwelling lot, and vacant industrial lot on 205± acres, generally located on the northeast, southeast, and southwest corners of Leonard Avenue and E. Foster Crossing Road. Mayor Pike opened the public hearing at 6:21 PM. No comments given. Mayor Pike closed the public hearing at 6:21 PM. MOTION: Mayor Pro Tem Miller moved to approve. Council Member Carver seconded. Motion carried 6-0. 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 generally located generally located at the northeast, southeast, and southwest corners of future Leonard Avenue (CR 422) and E Foster Crossing (CR 421)) b. Consider/Discuss/Action on a Resolution approving the Anna Ranch, Phases 2 & 3, Residential, Commercial, & Industrial, Concept Plan. (Planning Manager Lauren Mecke) 177 Single-family dwellings, detached lots, 129 single-family dwellings, attached lots, park lot, two vacant commercial lots, vacant multi-family dwelling lot, and vacant industrial lot on 205± acres located on the northeast, southeast, and southwest corners of Leonard Avenue and E. Foster Crossing Road. This Revised Concept Plan is associated with the zoning case and is contingent upon approval of the zoning case. The purpose for the Revised Concept Plan is to show the revised conceptual layout and related site improvements and locations associated with the future single-family residential, detached, single-family, attached, multi-family dwellings, park, and nonresidential development. The concept plan complies with the zoning district's area regulations as requested by the zoning case. The Planning & Zoning Commission recommended approval at the November 6, 2023 Planning & Zoning Commission meeting subject to City Council approval of the zoning request. MOTION: Council Member moved to approve. Council Member seconded. Motion carried A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING ANNA RANCH, PHASES 2, 3, RESIDENTIAL, COMMERCIAL, MULTIFAMILY, & INDUSTRIAL, CONCEPT PLAN c. Conduct a Public Hearing/Consider/Discuss/Action on an Ordinance to re- authorize City building permit fees in accordance with HB 1922. (Assistant City Manager Greg Peters, P.E.) The City of Anna, Texas charges building permit fees for plan review and inspections of construction in order to ensure that construction is completed in accordance with the adopted International Building Codes and all Federal, State, and local laws and ordinances. During the 88th Regular Session of the Texas Legislature conducted in early 2023, House Bill 1922 was passed and signed by Governor Abbott to become effective January 1, 2024, which will add a new Section 214.908 to the Texas Local Government Code (“HB 1922”) HB 1922 provides that any building permit fee charged by the City shall automatically be abolished on the 10th anniversary after the date of its adoption, or the 10th anniversary after it was most recently reauthorized under the new statute, unless the governing body of the City hold a public hearing on the reauthorization of the fee and takes a vote to reauthorize such fees. In an effort to prevent HB 1922 from abolishing any fees previously adopted by the City, staff recommends approval of the attached Ordinance with its own effective date of January 1, 2024. Mayor Pike opened the public hearing at 6:25 PM. No comments given. Mayor Pike closed the public hearing at 6:26 PM. MOTION: Mayor Pro Tem Miller moved to approve. Mayor Pike seconded. Motion carried 6-0. AN ORDINANCE OF THE CITY OF ANNA, TEXAS, REAUTHORIZING BUILDING PERMIT FEES; PROVIDING FOR SAVINGS, SEVERABILITY, AND REPEALER CLAUSES; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. d. Consider/Discuss/Action on the naming of a future park in the Woods at Lindsey Place development. (Assistant City Manager Greg Peters, P.E.) The developer of the Woods at Lindsey Place is dedicating a total of 19.8 acres of parkland as part of the park dedication and development requirements of the City. The park will also be constructed by the developer. The park is split by Rosamond Pkwy with 12.3 acres on the north side and 7.5 acres to the south. There will be multiple playgrounds, pavilions and parking lots along with a dog park and walking trail that meanders through wooded areas. The City's park facility naming policy identifies the following naming criteria: • Geographical location • Nearby natural and physical characteristics of the land • Historical or cultural significance • Persons of outstanding civic service to the city • Documented community support • Events hosted in the area • Relevant concepts or ideas • Organizations providing community service in the area • Significant material contributions The Parks Advisory Board selected the name "John Flavel Greer Park" due to his historical significance to the City of Anna. John Flavel Greer, born in 1850, settled on a farm in Mantua in 1870. In 1878, he went back to Alabama to marry Laura Ellis. Upon returning to Texas, and with the coming of the railroad (which bypassed Mantua), Greer built the first house and business in the new town of Anna. He served as the first mayor and first postmaster. At their November meeting, the Parks Advisory Board approved a recommendation for the name of the dedicated park in the Woods at Lindsey Place development off of Rosamond Pkwy. Guided by the "City of Anna Policy and Procedure for Naming City Parks, Trails, Recreational Areas and Other Recreational Facilities," the Board recommended "John Flavel Greer Park" citing the naming criterion "historical or cultural significance." Staff requests that City Council approve the recommendation from the Board or approve an alternate name of their choosing. MOTION: Council Member Carver moved to name the park John Flavel Greer. Council Member Baker seconded. Motion carried 6-0. e. Consider/Discuss/Action on a Resolution to award the construction of the Anna Community Library & Plaza project to McCownGordon Construction, LLC. (Assistant City Manager Greg Peters, P.E.) In May of 2021, Anna voters approved Proposition B - which included the approval of $22 Million in Bonds to fund the design and construction of a community library. In 2022, the City Council selected members of the community to participate in the design process as the Anna Public Library Task Force. The city contracted with Project Advocates to assist as the owner's representative, and the design was completed this year by a consulting team including 720 Architects, BRW Architects, Gessner Engineering, Teague Nall & Perkins, and others. This item is to award the construction of the Anna Community Library & Plaza project to McCownGordon Construction, LLC. The City completed a best value bid process in accordance with the Texas Local Government Code. Four bids were received for the project. All four bids were within the budget range for the project, with three bids being under budget. All four bidders were interviewed by a team of city staff and consultants. After a thorough review of bid prices, current workload, reputation, safety record, project team experience, and references, the highest scoring bidder was found to be McCownGordon Construction, LLC. Project Advocates compiled all the scoring information from the process and has provided a letter of recommendation for the award, The Bid Date Summary, conducted a cost analysis and review of the project costs. City staff found that all four bids were competitive in price. McCownGordon Construction, LLC, is qualified and has the capacity to perform the project, and has presented a bid within the budget identified for the project. No additional funding will be required for the project beyond the voter-approved total amount. Staff concurs with the recommendation received from Project Advocates and recommends approval of the resolution. MOTION: Council Member Baker moved to approve. Mayor Pro Tem Miller seconded. Motion carried 6-0. A RESOLUTION OF THE CITY OF ANNA, TEXAS AWARDING THE CONSTRUCTION CONTRACT FOR THE ANNA COMMUNITY LIBRARY AND MUNICIPAL COMPLEX PLAZA TO McCOWNGORDON CONSTRUCTION, LLC; AND PROVIDING FOR AN EFFECTIVE DATE. f. Consider/Discuss/Action on a Resolution authorizing the City Manager to execute an Impact Fee Reimbursement Agreement with Bluestone Partners, LLC for the construction of public roadway and water improvements. (City Engineer Wes Lawson) The agreement is in-line with the City Council's objective of growth paying for growth. The water and roadway improvements constructed through the agreement will benefit the Bluestone property and the adjacent properties, allowing for the highest and best use development to take place near the intersection of FM 455 and US 75 Bluestone Properties, LLC is developing property adjacent to Buddy Hayes Boulevard south of White Street (FM 455) in Anna, Texas. As a part of their project, they will be constructing water and roadway improvements which have been identified in the City of Anna's Water Master Plan and Master Thoroughfare Plan. The most significant of these improvements is the extension of Buddy Hayes from FM 455 to the project's southern property line. MOTION: Mayor Pike moved to approve. Council Member Cain seconded. Motion carried 6-0. A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE AN IMPACT FEE REIMBURSEMENT AGREEMENT WITH BLUESTONE PARTNERS, LLC, FOR THE DESIGN AND CONSTRUCTION OF PUBLIC ROADWAY AND WATER SYSTEM IMPROVEMENTS, IN A FORM APPROVED BY THE CITY ATTORNEY; AND PROVIDING FOR AN EFFECTIVE DATE. g. Consider/Discuss/Action on Vote for the Texas Coalition for Affordable Power Board of Directors. (City Manager Ryan Henderson) TCAP is run entirely by its members. TCAP’s 15-person Board of Directors, consisting solely of member city staff and elected officials, is elected by its members to govern the organization. Board membership is structured to ensure that both large and small members are represented and the Board of Directors meets once per month throughout the state. The Board’s guiding purpose and objective are to pursue low-cost power options for members while maintaining price stability with minimal risk that could impact the annual city budgets of members. Its secondary objective is to advocate market reforms that enhance competition for the benefit of all consumers. Election of seven members to TCAP Board of Directors for the 2024-2025 term of office. There are seven terms expiring and there are eight candidates. The ballot must be returned by January 5, 2024. Biographies are attached. MOTION: Mayor Pike moved to cast their votes according to Mrs. Ferguson recommendations. Council Member Baker seconded. Motion carried 6-0. h. Discuss location of the 2024 Primary, Primary Runoff and Presidential Elections. (City Manager Ryan Henderson) Collin County Elections office has requested the use of the Anna Municipal Complex for the 2024 Primary, Primary Runoff and Presidential Elections. These elections will have a much larger turnout than the City General Election in May, so they have requested the use of the Council Chambers. There will be three conflicts with City Council regular meetings: February 27th, May 28th, and October 29th. The staff sought direction from the City Council to allow or not allow the Election's office to use the Council Chambers for these three elections. 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). State law compliance and related issues. Proposed health and safety, development and jurisdictional ordinances, procedures, and related matters. 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). Boards and Commissions. MOTION: Mayor Pike moved to enter closed session. Council Member Cain seconded. Motion carried 6-0. Mayor Pike recessed the meeting at 6:49 PM. Mayor Pike reconvened the meeting at 8:46 PM. 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 Pike adjourned the meeting at 8:46 PM. Approved on the 9th day of January 2024 ________________________________ ATTEST: Mayor Nate Pike ________________________________ City Secretary Carrie L. Land Item No. 5.b. City Council Agenda Staff Report Meeting Date: 1/9/2024 Staff Contact: AGENDA ITEM: Review Minutes of the November 2, 2023, and November 20, 2023 (Special Called), Joint Community Development Corporation and Economic Development Corporation Board Meetings. (Interim Director of Economic Development Bernie Parker) SUMMARY: FINANCIAL IMPACT: BACKGROUND: STRATEGIC CONNECTIONS: ATTACHMENTS: 1. November 2_2023 CDC EDC Joint Meeting Minutes_Signed 2. November 20_2023 CDC EDC Special Called Joint Meeting Minutes_Signed Item No. 5.c. City Council Agenda Staff Report Meeting Date: 1/9/2024 Staff Contact: Nader Jeri AGENDA ITEM: Review Minutes of the December 4, 2023 Planning & Zoning Commission Meeting. (Interim Director of Development Services Nader Jeri) SUMMARY: Minutes from the December 4, 2023 Planning & Zoning Commission Meeting. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Excellent. ATTACHMENTS: 1. 12-04-2023 PZ Minutes (Signed) Item No. 5.d. City Council Agenda Staff Report Meeting Date: 1/9/2024 Staff Contact: AGENDA ITEM: Resolution authorizing an agreement with McCreary Veselka Bragg & Allen, PC Attorneys at Law for collections of delinquent court fines and fees. (Interim Director of Finance, Aimee Rae Ferguson) SUMMARY: City is seeking to retain the services of McCreary, Veselka, Bragg and Allen (MVBA) for the collection of delinquent municipal court fines and fees. FINANCIAL IMPACT: For fines and fees imposed against adjudicated offenses regardless of the date of the offense and against unadjudicated offenses that occurred on or after June 18, 2003, a fee of 30% of the amount of the fine and fee collected by the Court will be paid to MVBA as compensation for legal services rendered. For fines and fees imposed against unadjudicated offenses that occurred before June 18, 2003, there is no fee due. BACKGROUND: Currently, the City of Anna does not have a 3rd party service for collection of delinquent accounts. MVBA works with both large cities and small cities within Collin County, including McKinney, Allen, and Melissa. The previous collections' agreement was in 2015 with American Municipal Services. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Safe. ATTACHMENTS: 1. Resolution Authorizing mvba for Court Fine & Fees Collection 2. mvba Contract for Municipal Court Fines CITY OF ANNA, TEXAS RESOLUTION NO. ___________ A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE CITY MANAGER TO ACT ON THE CITY’S BEHALF IN EXECUTING THE AGREEMENT FOR COLLECTION OF DELINQUENT COURT FINES AND FEES WITH MCCREARY VESELKA BRAGG & ALLEN PC ATTORNEYS AT LAW WHEREAS, the City Council of the City of Anna, Texas (the Council) desires to secure services for collection of delinquent court fines and fees; and, WHEREAS, McCreary Veselka Bragg & Allen PC Attorneys at Law (MVBA) desires to provide services for collection of delinquent court fines and fees for the City of Anna (the City); and, WHEREAS, the Council has determined that the services will benefit the City in providing for an economically feasible and efficient method for collection of delinquent court fines and fees and desires to enter into the Contract for Collection of Delinquent Municipal Court Fines and Fees (the “Agreement”), NOW THEREFORE, BE IT RESOLVED 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. Approval and Authorization of Contract The City Council hereby approves the Agreement, subject to approval as to form by the City Attorney, for collection of Delinquent Municipal Court Fines and Fees and authorizes the City Manager’s execution of the same. The City Manager is hereby authorized to execute all documents and to take all other actions necessary to finalize, act under, and enforce the contract. PASSED by the City Council of the City of Anna, Texas, on this the 9th day of January, 2024. ATTEST: ________________________________ Carrie L. Land, City Secretary APPROVED: ________________________________ Nate Pike, Mayor CONTRACT FOR COLLECTION OF DELINQUENT MUNICIPAL COURT FINES AND FEES STATE OF TEXAS § COUNTY OF COLLIN THIS CONTRACT is made and entered into by and between the CITY OF ANNA, TEXAS, acting herein by and through its governing body, hereinafter styled, "City", and McCREARY, VESELKA, BRAGG AND ALLEN, P.C., hereinafter styled "MVBA". I. The City agrees to retain and does hereby retain MVBA to provide specific legal services provided herein and enforce the collection of delinquent municipal court fines, fees, court costs, restitution, debts and accounts receivable and other amounts in accordance with Article 103.0031, Texas Code of Criminal Procedure (hereinafter referred to in the agreement as “Fines and Fees”) pursuant to the terms and conditions described herein. Legal services shall include but not be limited to recommendations and legal advice to the City to take legal enforcement action; representing the City in any dispute or legal challenge to authority to collect such court fees and fines; defending the City in litigation or challenges of its collection authority; and representing the City in collection interests in bankruptcy matters as determined by MVBA or the City. The City further authorizes MVBA to execute all legal documents that are reasonably necessary to pursue collection of the City’s claims in connection with the collection of fines and fees that are subject to this contract. This contract supersedes all prior oral and written contracts between the parties regarding court fees and fines, and can only be amended if done so in writing and signed by all parties. Furthermore, this contract cannot be transferred or assigned by either party without the written consent of all parties. II. For purposes of this contract all Fines and Fees shall be referred to MVBA when determined to be delinquent as provided for in Article 103.0031, Code of Criminal Procedure. At least once each month on a date or dates agreed upon by the parties, the City will provide MVBA with copies of, or access to, the information and documentation necessary to collect the Fines and Fees that are subject to this contract. The City shall furnish the information to MVBA by electronic transmission or magnetic medium. § § § Contract for the Collection of Municipal Court Fines & Fees - Page 2 of 5 III. MVBA shall forward to the City all cashier’s checks or money orders received by MVBA made payable to the City and any correspondence from defendants. Cashier’s checks or money orders received by MVBA which are made payable to MVBA will be deposited daily into the MVBA Trust Account. MVBA may collect the amount due from the defendant by credit card or electronic draft which funds shall be deposited into the MVBA Trust Account. MVBA shall remit to the City, weekly, all funds deposited into the MVBA Trust Account, along with an invoice detailing the docket number, name of defendant, amount paid by the defendant to MVBA or directly to the City and the MVBA fee percentage and fees earned for each case. The remittance from MVBA to the City shall include the fees earned by MVBA on the fines and fees collected. The City shall be responsible for the posting to the records of the City the payment of all fines and fees and accounts receivable collected pursuant to this contract. IV. MVBA shall indemnify and hold the City harmless from and against all liabilities, losses and/or costs arising from claims for damages, or suits for losses or damages, including reasonable costs and attorney's fees, which may arise as a result of MVBA's performance of the services described in this Contract. The indemnity provision of this Contract shall have no application to any claim or demand which results from the sole negligence or fault of the City, its officers, agents, employees or contractors. And furthermore, in the event of joint and/or shared negligence or fault of the City and MVBA, responsibility and indemnity, if any, shall be apportioned in accordance with Texas law and without waiving any defenses of either party. The provisions of this paragraph are intended for the sole benefit of the parties hereto and are not intended to create or grant any right, contractual or otherwise, to any other persons or entities. V. For the collection of Fines and Fees, the City agrees to pay to MVBA, as compensation for the legal services rendered the following fees: 1. For those Fines and Fees imposed against Unadjudicated Offenses that occurred before June 18, 2003, there is no fee due (0%) MVBA on the amount collected by the Court on those cases. 2. For those Fines and Fees imposed against Adjudicated Offenses regardless of the date of the offense, and against Unadjudicated Offenses that occurred on or after June 18, 2003, a fee of thirty percent (30%) of the amount of the Fines and Fees collected by the Court as provided by Article 103.0031 of the Code of Criminal Procedure. 3. In the event any case is disposed of by acquittal or dismissal, or if the fine, costs and/or fees are discharged through performance of community service, credit for jail time served, the discretionary removal of a collection fee by the Court or pursuant to §45.0491 of the Code of Criminal Procedure, no compensation shall be paid to MVBA by the City. Contract for the Collection of Municipal Court Fines & Fees - Page 3 of 5 All compensation due to MVBA shall become the property of MVBA at the time of payment of the fines and fees by the defendant. The City shall pay to MVBA said compensation on a monthly basis by check. VI. The City recognizes and acknowledges that MVBA owns all right, title and interest in certain proprietary software that MVBA may utilize in conjunction with performing the services provided in the contract. The City agrees and hereby grants to MVBA the right to use and incorporate any information provided by the City (“case or defendant information”) to update the databases in this proprietary software, and, notwithstanding that the case or defendant information has been or shall be used to update the databases in this proprietary software, further stipulates and agrees that the City shall have no rights or ownership whatsoever in and to the software or the data contained therein, except that the City shall be entitled to obtain a copy of such data that directly relates to the City’s accounts at any time. MVBA agrees that it will not share or disclose any specific confidential case or defendant information with any other company, individual, organization or agency, without the prior written consent of the City, except as may be required by law or where such information is otherwise publicly available. It is agreed that MVBA shall have the right to use case or defendant information for internal analysis, improving the proprietary software and database, and generating aggregate data and statistics that may inherently contain case and defendant information. These aggregate statistics are owned solely by MVBA and will generally be used internally, but may be shared with MVBA’s affiliates, partners or other third parties for purposes of improving MVBA’s software and services. MVBA reserves the right to return to the City all accounts not collected within one (1) year of referral by the City, or identified as being in bankruptcy. Upon return of these accounts, neither party will have any obligation to the other party to this contract. VII. The initial term of this contract is one year, beginning on the first day of the month following the execution of this contract by both parties, and shall automatically renew on the anniversary date and continue in full force and effect thereafter from year to year for additional twelve month periods on the same terms and conditions unless either party delivers written “Notice of Termination of Contract” to the other party of its intent to terminate this contract, at least, sixty (60) days prior to each anniversary date of this contract. In the event that the City terminates this contract, MVBA shall be entitled to continue its collection activity on all accounts previously referred to MVBA for six (6) months from the date of receipt of the “Notice of Termination of Contract” and to payment of its fee, pursuant to Paragraph V of this contract for all amounts collected on accounts referred to MVBA. The City may, at its discretion, refer additional accounts to MVBA after notice of termination has been received by MVBA. At the end of the six (6) month period, all accounts shall be returned to the City by MVBA. Contract for the Collection of Municipal Court Fines & Fees - Page 4 of 5 Interlocal Agreement MVBA agrees to extend prices and terms to all entities or other political subdivisions or municipalities who have entered or will enter joint purchasing interlocal cooperation agreement(s) with the City. VIII. For purposes of sending notice under the term of this contract, all notices from the City shall be sent to MVBA by certified United States mail to the following address: McCreary, Veselka, Bragg & Allen, P.C. Attention: Matthew Tepper P.O. Box 1310 Round Rock, Texas 78680-1310 or delivered by hand or by courier, and addressed to: 700 Jeffrey Way, Suite 100, Round Rock, Texas 78664-2425. All notices to the City shall be sent by certified United States mail or delivered by hand or courier, to the following address: City of Anna, Texas Attention: City Manager 120 W 7th Street Anna, Texas 75409 IX. This contract is made and is to be interpreted under the laws of the State of Texas. Exclusive venue for any action, lawsuit, claim, dispute or another legal proceeding concerning or arising out of this contract shall be in Collin County, Texas. In the event that any provision(s) of this contract shall for any reason be held invalid or unenforceable, the invalidity or unenforceability of that provision(s) shall not affect any other provision(s) of this contract, and it shall further be construed as if the invalid or unenforceable provision(s) had never been a part of this contract. Every provision of this Contract is intended to be severable. If any term or provision of this Contract is deemed to be invalid, void, or unenforceable for any reason by a District Court, to the extent possible such invalidity or unenforceability shall not affect the validity of the remainder of this Contract, it being intended that such remaining provisions shall be construed in a manner most closely approximating the intention of the Parties with respect to the invalid, void, or unenforceable provision or part thereof. Contract for the Collection of Municipal Court Fines & Fees - Page 5 of 5 In accordance with the requirements of Chapter 2271, Texas Government Code, the signatory executing this Contract on behalf of MVBA does hereby verify that MVBA does not boycott Israel and will not boycott Israel during the term of this Contract. In accordance with the requirements of Chapter 2274, Texas Government Code, the signatory executing this Contract on behalf of MVBA does hereby verify that MVBA 1) does not and will not boycott energy companies and will not boycott energy companies during the term of this Contract, and 2) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association, and will not discriminate during the term of the Contract against a firearm entity or firearm trade association. X. In consideration of the terms and compensation herein stated, MVBA hereby agrees to undertake the performance of said contract as set forth above. The City has authorized by order heretofore passed and duly recorded in its minutes the chief executive officer to execute this contract. This contract may be executed in any number of counterparts, and each counterpart shall be deemed an original for all purposes. Signed facsimiles shall be binding and enforceable. WITNESS the signatures of all parties hereto this, the ____ day of ______________, A.D. 2024. CITY OF ANNA, TEXAS _______________________________________, City Manager McCREARY, VESELKA, BRAGG & ALLEN, P.C. _________________________________________ Matthew Tepper Shareholder Item No. 6.a. City Council Agenda Staff Report Meeting Date: 1/9/2024 Staff Contact: Gregory Peters AGENDA ITEM: Consider/Discuss/Action on a Resolution authorizing the City Manager to execute an agreement for professional services with Lee Engineering in an amount not to exceed $54,970 for the design of gateway signs on US 75 in the City of Anna, Texas. (Assistant City Manager Greg Peters, P.E.) SUMMARY: This item is the next step in moving forward to implement gateway signage improvements at major locations in the City of Anna, Texas. The wayfinding study, completed in May 2023 included recommendations for gateway signage on US 75 and along secondary entry corridors. The design team will work with City staff and TxDOT to ensure the proposed gateway signage meets TxDOT requirements for safety and construction. Once the design is complete, staff will work with the City Council to identify funds in the FY24-25 budget for construction and installation. FINANCIAL IMPACT: Funding for this service is available in the FY2024 Street Department budget in the amount of $54,970 from Street Maintenance Sales Tax funds. BACKGROUND: The City of Anna CDC completed a study regarding the need for wayfinding signage in the community in May 2023. The study was completed with input from a committee of City Council members, EDC/CDC Board members, and other community stakeholders and representatives. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Unique. ATTACHMENTS: 1. Wayfinding Study - final recommendations 2. Resolution and Proposal for US 75 Gateway Sign Design DESIGN FEEDBACK Basis for Design • Option 1 with elements of Option 3 Option 1: • Wood and stone are favored • Gateway, kiosk, and trailhead signs • Vehicular signs might be too rustic in areas near downtown & municipal complex Option 3: • The use of just the “A” on the vehicular signs is good • Landmarks on back of signs are favorable • Vehicular signs and poles Additional Comments: • Yes to a Digital Board near the Municipal Complex • Gateway on Hwy 75 must be low maintenance 6'-0" 7'-6" 9'-0" 10'-6" 12'-0" 13'-6" SCALE: 3/8" = 1'-0" Anna, TX- Schematic Design OPTION 4a Vehicular Directional (Downtown -25 MPH & Less) Park TrailblazerSide View Back View Parking Trailblazer Trailhead SignPedestrian KioskCity Gateway City Gateway Monument Banners THE CITY OF Destination Name Destination Name Slayter Creek Park WELCOMEWELCOME THE CITY OF P SLAYTER CREEK TRAILSDOWNTOWN KIOSK CONTENT: • Citywide Map • Downtown Map • Event Information • History PanelWELCOME TO TEXAS 6'-0" 7'-6" 9'-0" 10'-6" 12'-0" 13'-6" SCALE: 3/8" = 1'-0"SLAYTER CREEK TRAILSAnna, TX- Schematic Design OPTION 4b Vehicular Directional (Downtown -25 MPH & Less) Park TrailblazerSide View Back View Parking Trailblazer Trailhead SignPedestrian KioskCity Gateway Banners THE CITY OF THE CITY OF DOWNTOWN KIOSK CONTENT: • Citywide Map • Downtown Map • Event Information • History PanelDestination Name Destination Name Slayter Creek Park WELCOME TO TEXAS Destination Name Panel Cut-Out WELCOMEWELCOME P WELCOMEWELCOME City Gateway (Hwy 75) Side View OPTION 1 City Gateway (Hwy 75) Side View OPTION 1 WELCOMEWELCOME City Gateway (Hwy 75) WELCOMEWELCOME Side View OPTION 2 City Gateway (Hwy 75) WELCOME Side View CITY OF ANNA, TEXAS RESOLUTION NO. _______________ A RESOLUTION OF THE CITY OF ANNA, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR PROFESSIONAL SERVICES WITH LEE ENGINEERING FOR THE DESIGN OF GATEWAY SIGNS ON US 75 IN THE CITY OF ANNA, TEXAS AS SHOWN IN EXHIBIT “A” ATTACHED HERETO, IN THE AMOUNT NOT TO EXCEED FIFTY-FOUR THOUSAND NINE-HUNDRED SEVENTY DOLLARS ($54,970); AND PROVIDING FOT AN EFFECTIVE DATE. WHEREAS, the City of Anna completed a wayfinding study in 2023 to identify strategies and projects to improve directional signage and aesthetics in and around the community; and WHEREAS, the City requested a proposal from Lee Engineering for professional services associated with the design of proposed improvements at key gateway locations identified in the wayfinding study; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Authorization of Payment and Funding. That the City Council of the City of Anna hereby authorizes the City Manager to execute a professional services agreement for the design of gateway signs on US 75, in an amount not to exceed $54,970, for the City of Anna, Texas That funding for the purchase shall come from the FY2024 Street Department Budget. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this ___ day of January 2024. ATTEST: APPROVED: __________________________ __________________________ City Secretary, Carrie Land Mayor, Nate Pike ARIZONA NEW MEXICO OKLAHOMA TEXAS 3030 LBJ Freeway, Suite 1660, Dallas, TX 75234 (972) 248-3006 | www.leeengineering.com Page 1 of 5 January 4, 2024 Taylor Lough Assistant City Manager City of Anna 120 W. 7th St. Anna, TX 75409 RE: PROPOSAL FOR THE CITY OF ANNA WAYFINDING PROGRAM – PHASE 2, TASK 2: US 75 GATEWAY SIGNS DESIGN DEVELOPMENT, PLANNING DOCUMENTATION Dear Ms. Lough: Thank you for the opportunity to be considered for Phase 2 of the Anna, TX Wayfinding Program. This phase of work will focus on the US 75 Gateway concepts developed during Phase 1. This effort will include design, planning, documentation, and structural engineering. We assume that Lee Engineering and MERJE are the team's core members for this task order. For all other consultants, such as electrical engineering, landscape architecture, lighting, surveyor, and civil engineering, we understand that the City will contract separately as needed with the City’s on-call consultants. SCOPE OF WORK The scope of work includes the following elements: 1) Design Development 2) Documentation 3) Bid Assistance & Review 4) Construction Administration For this effort, only the following sign types will be designed and planned: • Directional Signs to Parks • Park Identifications Signs and Kiosks • Secondary City Gateway Signs TASK 1: DESIGN DEVELOPMENT TASK 1.1 Site survey the locations with City Representatives and the Project Team. (TRIP #1) TASK 1.2 Based on the approved designs developed during the Concept phase, CONSULTANT shall refine and revise selected design options. This will include finalizing functional aspects of the sign elements, size, materials, process, contrasts, hardware, and physical elements. This will include coordination with a structural engineer. Page 2 of 5 TASK 1.3 Working with the project team, develop site plans, update illustrations and photo -renderings. Design elements will include signage, lighting, and landscaping. TASK 1.4 Prepare and coordinate full-size mock-ups and sample materials TASK 1.5 Submit “design development” drawings to fabricators for preliminary pricing and constructability reviews. Value engineer if necessary. TASK 1.6 Develop Design Development Budget and Project Phasing Plan: The Project Phasing Plan will identify the cost for fabrication, installation, and maintenance of the sign project. TASK 1.7 Present elements for final review and approval. TASK 1.8 Final Design Adjustments TASK 1.9 Present final designs and project costs to the City Council for approval. (TRIP #2) TASK 1 Deliverable: Design Development package, which will provide general information regarding material, color, finish, typography installation, and sign size. We will also provide a preliminary budget for the project. A maximum of 1 formal presentation (City Council / In-Person). TASK 1 POTENTIAL TASKS OF CITY’S OTHER CONSULTANTS (Not in Lee Engineering Contract) Civil Engineer / Landscape Design • Site Survey • Boundary Survey • Site Lighting / Electrical Engineering Coordination • Landscape Design (60% Design Development) • Utility Research & Base Map (Civil Engineering) • Preliminary Grading Studies (Civil Engineering) • Project Coordination & Meetings, including all coordination with TxDOT Lighting Design • Prepare Design Studies o Prepare Schematic Design Package o Refine Design and Prepare Electric Lighting Calculations o Prepare Luminaire Schedule and Product Sheets o Prepare a preliminary Control Intent Narrative and Zoning Diagrams Electrical Engineer • Site survey of the existing installation areas • Coordinate with Lighting Designer TASK 2: CONSTRUCTION DOCUMENTS (US 75 GATEWA SIGNAGE ONLY) TASK 2.1 Prepare Design Intent Drawings (Signage Elements): indicating material specifications for all sign types, illustrating the size, typeface, graphic elements, colors, letter spacing, materials, finishes, construction details, and installation methods. Page 3 of 5 TASK 2.2 Technical Specifications describing materials, products, submittals, coordination, execution, quality assurance, installation, etc. TASK 2.3 Provide Final Budget and Project Phasing Plan TASK 2 Deliverables: The Design Intent Drawings shall provide the owner with a guide to implementing a consistent sign program throughout the Campus. TASK 2 POTENTIAL SUB-CONSULTANTS ASSOCIATED TASKS (Not in Lee Engineering Contract) Civil Engineer / Landscape Design • 100 % Construction Drawings (Landscape Architecture) • Final Construction Drawings (Landscape Architecture) • Boundary Survey • Site Lighting / Electrical Engineering Coordination Lighting Design • Coordinate with Sign Design and Landscape Architecture • Design, coordination, and evaluation of in-house mock-ups • Update Luminaire Schedule • Prepare general specification Section 26 5113 Architectural Luminaires • Prepare updated Lighting Control Intent Zoning Diagrams. • Prepare an updated Lighting Control Narrative • Assist with the evaluation of a cost estimate • Review / Comment on Construction Documents Electrical Engineer • Prepare construction drawings showing power circuits, controls, conduits, and wires. • Prepare required details for installation • Prepare a partial single-line diagram as required. • Prepare electrical specifications in drawing format. TASK 3: BID ASSISTANCE REVIEW & CONSTRUCTION ADMINISTRATION TASK 3.1 Bid Review Assistance • Prepare minimum requirements for qualification of bidders • Provide a list of fabricators and contractors. • Attend bid meeting (via teleconference) • Provide clarification or addendum to bidders • Review bids and provide recommendations Note: The owner shall coordinate all bid process tasks, including advertising, administration, receiving of bids, and tabulating bid results. Page 4 of 5 TASK 3.2 Construction Administration Lee Engineering Team shall act as an agent of the City and perform the following tasks: • Review shop drawings & samples prior to fabrication • Confer with fabricators • Attend construction meetings (via teleconference) • In-field review of locations (1 Day) • Review of the installation (1 Day) TASK 3 Deliverable: Upon substantial completion of the signage and punch list (on-site), all items must be completed and corrected before final acceptance by the Owner. COMPENSATION Thank you for considering MERJE for the development of the Anna Wayfinding Program. We are deeply appreciative of this opportunity, and based on the scope of the project, your requirements, and the services outlined in our Project Approach, we propose the following Compensation: Tak Fee 1. Design Documentation $9,360 Lump Sum 2. Construction Documents $28,770 Lump Sum 3. Bidding & Construction Administration $12,340 Lump Sum Reimbursable $4,500.00 Total Phase 2 – Park and Secondary Gateway Signs $54,970.00 ADDITIONAL SERVICES The following items are potential additional services, and if authorized by the City of Anna, a separate proposal will be developed to address a specific project requirement. • Meetings/presentations beyond the quantity identified in this proposal. • Structural, electrical, or civil engineering • Interpretive signage for historical areas (scope, quantity to be determined) • Historic markers or special historic walking tour (scope, quantity to be determined) • Design of print material design, websites, or other non-signage wayfinding tools • Design of wall murals, super graphics, or other sign types outside the agreed-upon menu • Landscape or lighting design • Documentation and specification of highway guide signs • Trail or Bicycle Signage • Mobile phone applications and any other digital wayfinding tools. REIMBURSABLE EXPENSES Reimbursable expenses, not to exceed the amounts identified per Phase, without prior written approval, are in addition to the basic compensation outlined above and will be billed to the client at 1.10 as incurred by LEE and our consultants in the interest of the project. These expenses include, but are not limited to: CADD machine plots, photocopies, travel (a total of 3 trips to Anna), airfare, lodging, meals, fares, tolls, auto rental, Page 5 of 5 parking, art materials, foam-core mock-ups, first-class mail, special overnight mail and delivery services, and messenger services. Costs of services such as fabrication of models or mock-ups, renderings, printing, and cost of sign permits or plan reviews will be considered reimbursable expenses. We appreciate you considering the Lee Engineering team to provide professional services for this project. If you have any questions, please get in touch with me at (972) 948 1009. Thank you very much for the opportunity. We look forward to working with you on this project. Sincerely, Dharmesh Shah, PE, PTOE Lee Engineering, LLC Item No. 6.b. City Council Agenda Staff Report Meeting Date: 1/9/2024 Staff Contact: Gregory Peters AGENDA ITEM: Consider/Discuss/Action on a Resolution authorizing the City Manager to execute an agreement for professional services with Lee Engineering in an amount not to exceed $79,290 for the planning and design of wayfinding signage for public parks and facilities, including secondary gateway signage, in the City of Anna, Texas. (Assistant City Manager Greg Peters, P.E.) SUMMARY: This item includes funding for the design and an implementation plan for public signage, which will be placed in public parks, along public rights-of-way, and in critical locations to meet the public need. The installation of signs will likely be a multi-year process. Once the design and implementation plan is complete, staff will work with the City Council to identify funds in the FY23-24 and FY24-25 budgets for construction and installation. FINANCIAL IMPACT: Funding for the wayfinding signage project is available in the FY2024 Community Investment Program budget as a component of multiple existing capital improvement parks projects with funding from the Park Development Fund. The estimated cost of this portion of the project is $79,290. BACKGROUND: The City of Anna CDC completed a study regarding the need for wayfinding signage in the community in 2023. The study was completed with input from a committee of City Council members, EDC/CDC Board members, and other community stakeholders and representatives. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Active. ATTACHMENTS: 1. Wayfinding Study - final recommendations 2. Resolution and Proposal for Wayfinding Sign Design DESIGN FEEDBACK Basis for Design • Option 1 with elements of Option 3 Option 1: • Wood and stone are favored • Gateway, kiosk, and trailhead signs • Vehicular signs might be too rustic in areas near downtown & municipal complex Option 3: • The use of just the “A” on the vehicular signs is good • Landmarks on back of signs are favorable • Vehicular signs and poles Additional Comments: • Yes to a Digital Board near the Municipal Complex • Gateway on Hwy 75 must be low maintenance 6'-0" 7'-6" 9'-0" 10'-6" 12'-0" 13'-6" SCALE: 3/8" = 1'-0" Anna, TX- Schematic Design OPTION 4a Vehicular Directional (Downtown -25 MPH & Less) Park TrailblazerSide View Back View Parking Trailblazer Trailhead SignPedestrian KioskCity Gateway City Gateway Monument Banners THE CITY OF Destination Name Destination Name Slayter Creek Park WELCOMEWELCOME THE CITY OF P SLAYTER CREEK TRAILSDOWNTOWN KIOSK CONTENT: • Citywide Map • Downtown Map • Event Information • History PanelWELCOME TO TEXAS 6'-0" 7'-6" 9'-0" 10'-6" 12'-0" 13'-6" SCALE: 3/8" = 1'-0"SLAYTER CREEK TRAILSAnna, TX- Schematic Design OPTION 4b Vehicular Directional (Downtown -25 MPH & Less) Park TrailblazerSide View Back View Parking Trailblazer Trailhead SignPedestrian KioskCity Gateway Banners THE CITY OF THE CITY OF DOWNTOWN KIOSK CONTENT: • Citywide Map • Downtown Map • Event Information • History PanelDestination Name Destination Name Slayter Creek Park WELCOME TO TEXAS Destination Name Panel Cut-Out WELCOMEWELCOME P WELCOMEWELCOME City Gateway (Hwy 75) Side View OPTION 1 City Gateway (Hwy 75) Side View OPTION 1 WELCOMEWELCOME City Gateway (Hwy 75) WELCOMEWELCOME Side View OPTION 2 City Gateway (Hwy 75) WELCOME Side View CITY OF ANNA, TEXAS RESOLUTION NO. _______________ A RESOLUTION OF THE CITY OF ANNA, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR PROFESSIONAL SERVICES WITH LEE ENGINEERING FOR THE DESIGN and IMPLEMENTATION PLANNING OF WAYFINDING SIGNS IN PUBLIC PARKS AND ALONG PUBLIC RIGHTS-OF-WAY IN THE CITY OF ANNA, TEXAS AS SHOWN IN EXHIBIT “A” ATTACHED HERETO, IN THE AMOUNT NOT TO EXCEED SEVENTY-NINE THOUSAND TWO-HUNDRED NINETY DOLLARS ($79,290); AND PROVIDING FOT AN EFFECTIVE DATE. WHEREAS, the City of Anna completed a wayfinding study in 2023 to identify strategies and projects to improve directional signage and aesthetics in and around the community; and WHEREAS, the City requested a proposal from Lee Engineering for professional services associated with the design of proposed public signage within parks and along public rights-of-way in key locations identified in the wayfinding study; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Authorization of Payment and Funding. That the City Council of the City of Anna hereby authorizes the City Manager to execute a professional services agreement for the design of public wayfinding signs, in an amount not to exceed $79,290, for the City of Anna, Texas That funding for the purchase shall come from Park Development Funds. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this ___ day of January 2024. ATTEST: APPROVED: __________________________ __________________________ City Secretary, Carrie Land Mayor, Nate Pike ARIZONA NEW MEXICO OKLAHOMA TEXAS 3030 LBJ Freeway, Suite 1660, Dallas, TX 75234 (972) 248-3006 | www.leeengineering.com Page 1 of 5 January 4, 2024 Taylor Lough Assistant City Manager City of Anna 120 W. 7th St. Anna, TX 75409 RE: PROPOSAL FOR THE CITY OF ANNA WAYFINDING PROGRAM – PHASE 2: Park Identification and Secondary Gateway Signs: DESIGN DEVELOPMENT, PLANNING DOCUMENTATION Dear Ms. Lough: As we have discussed, with the completion of the Wayfinding Analysis and Schematic Design, we can move on to the Design, Planning, and Documentation phase of the project. The Master Plan provides a solid understanding of the issues and scope of the project, and based on this information, we have developed the following Methodology and Compensation to complete the project through to Documentation. We assume that for this task order, Lee Engineering and MERJE are the team's core members, and we will not need any other subconsultants. While some ROW and utilities information may be needed, we have assumed that the City’s on-call surveyor can provide this information. For this effort, only the following sign types will be designed and planned: • Directional Signs to Parks • Park Identifications Signs and Kiosks • Secondary City Gateway Signs (Excluding US 75 Gateway Signs) METHODOLOGY PHASE I Task 1 Wayfinding Analysis (completed January 2020) Task 2: Schematic Design (completed January 2020) Based on the Anna, TX Wayfinding Analysis and approved Schematic Designs, the following tasks will be completed during Phase 2. Page 2 of 5 PHASE II: DESIGN & PLANNING Task 1 Programming (Sign Location Plans & Message Schedule) Task 1.1 Prepare preliminary sign location plans and typical messages. Task 1.2 Site check (drive by) locations for appropriateness, available space, and general conditions. Note: this does not include detailed field mark-outs. (included in TRIP #1) Task 1.3 Preliminary Submittal of a message schedule and sign location plans for review and approval by city representatives (Submittal #1). Client internal review only. The Message Schedule shall also include notes indicating which existing wayfinding signs need to be removed, replaced, or relocated. Task 1.4 Secondary Submittal will include a revised message schedule and sign location plan for review and approval by city representatives and each destination. (Submittal #2). Client and TxDOT internal review only. Task 1.5 Submit revised Sign Location Plans to Client representatives and other required agencies. Task 1 Deliverables: Based on working meetings and field surveys, a sign location plan and message schedule will be developed (and submitted for final approval. Task 2 Design Development Task 2.1 Based on comments received during the Schematic Design phase, MERJE shall refine or revise the selected design option. (OPTION 4) Task 2.2 Finalize functional aspects of the program, size, materials, contrasts, nomenclature, typography, symbols, hardware, architectural elements, and placement requirements. Task 2.3 Submit “design development” drawings to fabricators for preliminary pricing and constructability reviews. Value engineer if necessary. Task 2.4 Receive preliminary cost estimates from fabricators. Task 2.5 Present to the Steering Committee (Sub Committee) for review and approval. This includes Community Review #2 (Virtual Meeting) Task 2.6 Present to City Council review and final approval (Virtual). This presentation will also include the original 3 design options to illustrate the process the Sub-Committee has gone through. Task 2 Deliverable: Design Development package, which will provide general information regarding material, color, finish, typography installation, and sign size. Page 3 of 5 Task 3 Design Intent Drawings (Bid Documents) For this effort, only the following sign types will be documented: • Directional Signs to Parks • Park Identifications Signs and Kiosks • Secondary City Gateway Signs Task 3.1 Prepare Documentation drawings indicating material specifications for all sign types, illustrating the size, typefaces, graphic elements, pictograms, letter spacing, materials, finishes, construction details, installation methods, colors, and locations. Task 3.2 Technical Specifications describing materials, products, submittals, coordination, execution, quality assurance, installation, etc. Task 3.3 Site Check and Prepare Final Sign Location Plans (TRIP #2) (2 people). Task 3.4 Prepare Plans for TXDOT submittal and review (maximum 2 revisions). Task 3.5 Prepare final cost estimate based on final design and sign counts. The Graphics Sign Standards Manual developed during this phase of work will provide the City of Anna with a comprehensive guide to implementing a consistent sign program. This document also provides the Sign Location Plans and drawings necessary for TXDOT approvals. PHASE III. IMPLEMENTATION Task 4 Bidding & Construction Administration (The City shall issue bids) BID ANALYSIS • Prepare minimum requirements for qualification of bidders • Provide a list of fabricators • Attend bid meeting (via teleconference) • Provide clarification or addendum to bidders • Review bids and provide recommendations CONSTRUCTION ADMINISTRATION • Review shop drawings & samples prior to fabrication • Confer with fabricators • Attend construction meetings (via teleconference) • In-field review of locations (2 days) (TRIP #3) (1 person) • Review of the installation (2 days) Upon substantial completion of the signage, a punch list (on-site) of all items that must be completed and/or corrected before final acceptance by the city. Page 4 of 5 Task 4 Deliverables: Punch-list document, hard copies, and electronic files of all necessary information and drawings. Provide a final maintenance and management plan. COMPENSATION Thank you for considering MERJE for the development of the Anna Wayfinding Program. We are deeply appreciative of this opportunity, and based on the scope of the project, your requirements, and the services outlined in our Project Approach, we propose the following Compensation: Tak Fee 1. Programming (Sign Location Plans & Message Schedule) $14,100 Lump Sum 2. Design Development $11,980 Lump Sum 3. Design Intent Drawings (Bid Documents) $28,560 Lump Sum 4. Bidding & Construction Administration $18,200 Lump Sum Reimbursable $6,500.00 Total Phase 2 – Park and Secondary Gateway Signs $79,290.00 ADDITIONAL SERVICES The following items are potential additional services, and if authorized by the City of Anna, a separate proposal will be developed to address a specific project requirement. • Meetings/presentations beyond the quantity identified in this proposal. • Structural, electrical, or civil engineering • Interpretive signage for historical areas (scope, quantity to be determined) • Historic markers or special historic walking tour (scope, quantity to be determined) • Design of print material design, websites, or other non-signage wayfinding tools • Design of wall murals, super graphics, or other sign types outside the agreed-upon menu • Landscape or lighting design • Documentation and specification of highway guide signs • Trail or Bicycle Signage • Mobile phone applications and any other digital wayfinding tools. OPTIONAL SERVICES (NOT INCLUDED IN THE SCOPE OF WORK) Orientation Map $8,200 Trails (Sign Location Planning) TBD Page 5 of 5 REIMBURSABLE EXPENSES Reimbursable expenses, not to exceed the amounts identified per Phase, without prior written approval, are in addition to the basic compensation outlined above and will be billed to the client at 1.10 as incurred by LEE and our consultants in the interest of the project. These expenses include, but are not limited to: CADD machine plots, photocopies, travel (a total of 3 trips to Anna) , airfare, lodging, meals, fares, tolls, auto rental, parking, art materials, foam-core mock-ups, first-class mail, special overnight mail and delivery services, and messenger services. Costs of services such as fabrication of models or mock-ups, renderings, printing, and cost of sign permits or plan reviews will be considered reimbursable expenses. We appreciate you considering the Lee Engineering team to provide professional services for this project. If you have any questions regarding the above, do not hesitate to get in touch with me at (972) 948 1009. Thank you very much for the opportunity. We look forward to working with you on this project. Sincerely, Dharmesh Shah, PE, PTOE Lee Engineering, LLC Item No. 6.c. City Council Agenda Staff Report Meeting Date: 1/9/2024 Staff Contact: Bernie Parker AGENDA ITEM: First Reading of a Resolution authorizing the Anna Community Development Corporation to enter into a loan agreement with Lamar National Bank to finance land acquisition. (Interim Director of Economic Development Bernie Parker) SUMMARY: Two readings of the Resolution are required. The presiding officer will read the following: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS RATIFYING AND AUTHORIZING THE ANNA COMMUNITY DEVELOPMENT CORPORATION TO ENTER INTO A LOAN AGREEMENT WITH LAMAR NATIONAL BANK TO FINANCE LAND ACQUISITION. FINANCIAL IMPACT: Loan not to exceed $2,500,000. BACKGROUND: See item 7.f. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Vibrant. ATTACHMENTS: Item No. 6.d. City Council Agenda Staff Report Meeting Date: 1/9/2024 Staff Contact: Bernie Parker AGENDA ITEM: Second Reading of a Resolution authorizing the Anna Community Development Corporation to enter into a loan agreement with Lamar National Bank to finance land acquisition. (Interim Director of Economic Development Bernie Parker) SUMMARY: Two readings of the Resolution are required. The presiding officer will read the following: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS RATIFYING AND AUTHORIZING THE ANNA COMMUNITY DEVELOPMENT CORPORATION TO ENTER INTO A LOAN AGREEMENT WITH LAMAR NATIONAL BANK TO FINANCE LAND ACQUISITION. FINANCIAL IMPACT: Details in Item 7.f. BACKGROUND: See item 7.f. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Vibrant. ATTACHMENTS: Item No. 6.e. City Council Agenda Staff Report Meeting Date: 1/9/2024 Staff Contact: Bernie Parker AGENDA ITEM: Consider/Discuss/Action on a Resolution ratifying and authorizing the Anna Community Development Corporation to enter into a loan agreement with Lamar National Bank to finance land acquisition. (Interim Director of Economic Development Bernie Parker) SUMMARY: In 2022, the City Council and CDC-EDC Board held a joint workshop, and identified property acquisition in downtown as a priority. To carry out that goal, the CDC has identified eight parcels (totaling approximately 2.1 acres) at the southwest corner of West 8th Street and South Interurban Street to purchase. FINANCIAL IMPACT: Loan not to exceed $2,500,000. BACKGROUND: STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Vibrant. ATTACHMENTS: 1. Anna CDC 2024 Note - Resolution of the City C03029D20240102CR1 2. doc00121620240105084621 CERTIFICATE OF CITY SECRETARY THE STATE OF TEXAS § COUNTY OF COLLIN § CITY OF ANNA § I, the undersigned, City Secretary of the City of Anna, Texas DO HEREBY CERTIFY as follows: 1. On January 9, 2024, a regular meeting of the City Council of the City of Anna, Texas, was held at a meeting place within the City; the duly constituted members of the Council being as follows: Nate Pike Mayor Lee Miller Mayor Pro Tem Randy Atchley Deputy Mayor Pro Tem Stan Carver II Councilmember Kevin Toten Councilmember Pete Cain Elden Baker Councilmember Councilmember and all of said persons were present at said meeting, except the following: ______________. Among other business considered at said meeting, the attached resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, APPROVING A PROJECT OF ANNA COMMUNITY DEVELOPMENT CORPORATION REGARDING A SECURED LOAN IN THE AMOUNT NOT TO EXCEED $2,500,000 AND RELATED MATTERS was introduced and submitted to the City Council for passage and adoption. After presentation and due consideration of the resolution, including two separate readings, and upon a motion made and seconded, the resolution was duly passed and adopted by the Council to be effective immediately by the following vote: AYES: All members of the City Council shown present above voted “Aye”, except as noted below, NOES: ______________________________ ABSTAIN: ______________________________ all as shown in the official Minutes of the City Council for the meeting held on the aforesaid date. 2. The attached resolution is a true and correct copy of the original on file in the official records of the City; the duly qualified and acting members of the City Council on the date of the aforesaid meeting are those persons shown above and, according to the records of my office, advance notice of the time, place and purpose of said meeting was given to each member of the Council; and that said meeting, and deliberation of the aforesaid public business, was open to the public and written notice of said meeting, including the subject of the above-entitled resolution, was posted and given in advance thereof in compliance with the provisions of V.T.C.A., Chapter 551, Government Code, as amended. IN WITNESS WHEREOF, I have hereunto signed my name officially on the date first written above. Carrie Land, City Secretary RESOLUTION NO. ______________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, APPROVING A PROJECT OF ANNA COMMUNITY DEVELOPMENT CORPORATION REGARDING A SECURED LOAN IN THE AMOUNT NOT TO EXCEED $2,500,000 AND RELATED MATTERS WHEREAS, the Anna Community Development Corporation (the “Corporation”) has been duly created and organized pursuant to the provisions of Chapter 505, Local Government Code, as amended (formerly Section 4B of the Development Corporation Act of 1979, Article 5190.6, Texas Revised Civil Statutes Annotated, as amended) (the “Act”) by the City of Anna, Texas (the “City”); and WHEREAS, pursuant to the Act, the Corporation is empowered to borrow money for the purpose of financing the cost of any “project” defined as such by the Act; and WHEREAS, the Board of Directors of the Corporation has found and determined that financing the acquisition of real property in or near Downtown Anna, Texas to promote new or expanded business development in the City is authorized under the Act and loan proceeds may be used for such financing pursuant to that certain Business Loan Agreement (as amended, restated, supplemented and/or otherwise modified, the “Loan Agreement”) in the original principal amount not to exceed $2,500,000 (the “Loan”) between the Corporation and Lamar National Bank (the “Lender”); and WHEREAS, the Act requires the City Council of the City approve the resolution of the Corporation providing for the execution and delivery of the Loan Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: Section 1.The Resolution approving the Loan Agreement and authorizing the issuance of the Note (as defined in the Loan Agreement) adopted by the Corporation (the “Corporation Resolution”) on January 4, 2024, and submitted to the City Council this day, is hereby approved in all respects. The Note is being issued to finance the costs of the Project, which is located within the City and the loan secured under one or more deeds of trust. Section 2.The approvals herein given are in accordance with the Act, and the Note shall never be construed as an indebtedness or pledge of the City, or the State of Texas (the “State”), within the meaning of any constitutional or statutory provision, and the owner of the Note shall never be paid in whole or in part out of any funds raised or to be raised by taxation (other than sales tax proceeds as authorized pursuant to Chapter 505 of the Act) or any other revenues of the Corporation, except those revenues assigned and pledged by the Loan Agreement. Section 3. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by V.T.C.A. Government Code, Chapter 551, as amended. Section 4.This Resolution shall be in force and effect from and after its passage on the date shown below. [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] PASSED AND ADOPTED on January 9, 2024. CITY OF ANNA, TEXAS Nate Pike, Mayor ATTEST: Carrie Land, City Secretary Item No. 6.f. City Council Agenda Staff Report Meeting Date: 1/9/2024 Staff Contact: AGENDA ITEM: Consider/Discuss/Action on appointments to the 2024 Boards and Commissions Interview Committee. (City Secretary Carrie Land) SUMMARY: The Interview Committee consists of three Council Members to review Boards and Commissions appointments. They are to review applications, conduct interviews and bring appointment recommendations to the City Council. Members also recommend appointments throughout the year to fill vacancies. The deadline for submitting applications is April 1, 2024 by 5:00 PM. Applications are available on the City website and in the City Secretary's Office. Interviews will be conducted on Saturday, April 6th, beginning at 8:30 AM. Please do not volunteer if you are unavailable on this date. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: The following board members terms expire in May 2024: Choya Morrison Board of Adjustment Jody L Bills Board of Adjustment Michelle Y Clemens Planning and Zoning Commission Douglas J Hermann Planning and Zoning Commission David Nylec Planning and Zoning Commission Dallen Morgan Diversity and Inclusion Advisory Commission Elijah Nelms Diversity and Inclusion Advisory Commission Yoshanda Sims Diversity and Inclusion Advisory Commission Ronald Kerr Economic Development Corporation: Community Development Corporation Boards Rocio Gonzalez Economic Development Corporation: Community Development Corporation Boards Bruce Norwood Economic Development Corporation: Community Development Corporation Boards Eirik A Hansen Parks Advisory Board Jeff Reece Parks Advisory Board Andrew Michrina Parks Advisory Board STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Neighborly. ATTACHMENTS: Item No. 7.d. City Council Agenda Staff Report Meeting Date: 1/9/2024 Staff Contact: AGENDA ITEM: Discuss or deliberate personnel matters (Tex. Gov’t Code §551.074). Boards and Commissions SUMMARY: FINANCIAL IMPACT: BACKGROUND: STRATEGIC CONNECTIONS: ATTACHMENTS: