HomeMy WebLinkAboutCCpkt2024-01-23 Work Session & Regular Meeting
AGENDA
City Council Work Session
Tuesday, January 23, 2024 @ 5:30 PM
Anna Municipal Complex - Council Chambers
120 W. 7th Street, Anna, Texas 75409
The City Council of the City of Anna will meet in a Closed Session at 5:30 PM, on January
23, 2024, 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.
2. Closed Session (Exceptions).
Under Tex. Gov't Code Chapter 551, the City Council may enter into Closed
Session to discuss any items listed or referenced on this Agenda under the
following exceptions:
a. Consult with legal counsel regarding pending or contemplated litigation
and/or on matters in which the duty of the attorney to the governmental body
under the Texas Disciplinary Rules of Professional Conduct of the State Bar
of Texas clearly conflicts with Chapter 551 of the Government Code (Tex.
Gov’t Code §551.071).
b. Discuss or deliberate the purchase, exchange, lease, or value of real
property (Tex. Gov’t Code §551.072).
c. Discuss or deliberate Economic Development Negotiations: (1) To discuss
or deliberate regarding commercial or financial information that the City has
received from a business prospect that the City seeks to have locate, stay,
or expand in or near the territory of the City of Anna and with which the City
is conducting economic development negotiations; or (2) To deliberate the
offer of a financial or other incentive to a business prospect described by
subdivision (1). (Tex. Gov’t Code §551.087).
d. Discuss or deliberate personnel matters (Tex. Gov’t Code §551.074).
The Council further reserves the right to enter into Executive Session at any time
throughout any duly noticed meeting under any applicable exception to the Open
Meetings Act.
3. Consider/Discuss/Action on any items listed on any agenda - work session, regular
meeting, or closed session - that is duly posted by the City of Anna for any City Council
meeting occurring on the same date as the meeting noticed in this agenda.
4. Adjourn.
This is to certify that I, Carrie L. Land, City Secretary, posted this Agenda on the City’s
website (www.annatexas.gov) and at the Anna Municipal Complex bulletin board at or
before 5:00 p.m. on 01/19/2024.
_____________________________
Carrie L. Land, City Secretary
AGENDA
City Council Meeting
Tuesday, January 23, 2024 at 6:00 PM
Anna Municipal Complex - Council Chambers
120 W. 7th Street, Anna, Texas 75409
The City Council of the City of Anna will meet on January 23, 2024 at 6:00 PM in the Anna
Municipal Complex-Council Chambers, located at 120 W. 7th Street, to consider the following
items.
Welcome to the City Council meeting. If you wish to speak on an Open Session agenda item,
please fill out the Opinion/Speaker Registration Form and turn it in to the City Secretary before
the meeting starts.
1. Call to Order, Roll Call, and Establishment of Quorum.
2. Invocation and Pledge of Allegiance.
3. Neighbor Comments.
At this time, any person may address the City Council regarding an item on this meeting
Agenda that is not scheduled for public hearing. Also, at this time, any person may
address the City Council regarding an item that is not on this meeting Agenda. Each
person will be allowed up to three (3) minutes to speak. No discussion or action may be
taken at this meeting on items not listed on this Agenda, other than to make statements
of specific information in response to a citizen’s inquiry or to recite existing policy in
response to the inquiry.
4. Reports.
Receive reports from Staff or the City Council about items of community interest.
Items of community interest include: expressions of thanks, congratulations, or
condolence; information regarding holiday schedules; an honorary or salutary recognition
of a public official, public employee, or other citizen (but not including a change in status
of a person's public office or public employment); a reminder about an upcoming event
organized or sponsored by the governing body; information regarding a social, ceremonial,
or community event organized or sponsored by an entity other than the governing body
that was attended or is scheduled to be attended by a member of the governing body or
an official or employee of the municipality; and announcements involving an imminent
threat to the public health and safety of people in the municipality that has arisen after the
posting of the Agenda.
5. Work Session.
a. Presentation from JPI (Jefferson on the Outer Loop). (Planning Manager Lauren
Mecke)
6. Consent Items.
These items consist of non-controversial or "housekeeping" items required by law. Items
may be considered individually by any Council Member making such request prior to a
motion and vote on the Consent Items.
a. Approve City Council Meeting Minutes for January 9, 2024. (City Secretary Carrie
Land)
b. Review Minutes of the December 7, 2023, Joint Community Development
Corporation and Economic Development Corporation Board Meetings. (Interim
Director of Economic Development Bernie Parker)
c. Review Monthly Financial Report for the Month Ending December 31, 2023.
(Budget Manager Terri Doby)
d. Approve a Resolution Adopting the Anacapri Public Improvement District
Improvement Area #2A Funding And Reimbursement Agreement. (Interim Director
of Economic Development Bernie Parker)
7. Items For Individual Consideration.
a. Consider/Discuss/Action on a Resolution amending the Development Agreement
pertaining to the building materials requirement within Anacapri. (Planning
Manager Lauren Mecke)
b. Conduct a Public Hearing/Consider/Discuss/Action on an Ordinance to amend an
existing Planned Development (Ord. No. 887-2020) on 341± acres generally
located on the east and west sides of future Ferguson Parkway, north of Hackberry
Drive and south of County Road 371. (Planning Manager Lauren Mecke)
c. Consider/Discuss/Action to approve a Resolution approving a professional
services project order amending the master services agreement with Huitt-Zollars
for landscape architecture and park planning services for Anna Crossing Park.
(Assistant City Manager Greg Peters)
d. Consider/Discuss/Action on a Resolution awarding the Leonard Avenue Extension
project to ANA Site Construction. (CIP Manager Justin Clay)
e. Consider/Discuss/Action on a Resolution awarding the Phase 2 Downtown Utility
Rehabilitation Project and Slater Creek Road Water Improvement projects to ANA
Site Construction. (CIP Manager Justin Clay)
8. Closed Session (Exceptions).
Under Tex. Gov't Code Chapter 551, the City Council may enter into Closed Session to
discuss any items listed or referenced on this Agenda under the following exceptions:
a. Consult with legal counsel regarding pending or contemplated litigation and/or on
matters in which the duty of the attorney to the governmental body under the Texas
Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly
conflicts with Chapter 551 of the Government Code (Tex. Gov’t Code §551.071).
b. Discuss or deliberate the purchase, exchange, lease, or value of real property
(Tex. Gov’t Code §551.072).
c. Discuss or deliberate Economic Development Negotiations: (1) To discuss or
deliberate regarding commercial or financial information that the City has received
from a business prospect that the City seeks to have locate, stay, or expand in or
near the territory of the City of Anna and with which the City is conducting economic
development negotiations; or (2) To deliberate the offer of a financial or other
incentive to a business prospect described by subdivision (1). (Tex. Gov’t Code
§551.087).
d. Discuss or deliberate personnel matters (Tex. Gov’t Code §551.074).
The Council further reserves the right to enter into Executive Session at any time
throughout any duly noticed meeting under any applicable exception to the Open Meetings
Act.
9. Consider/Discuss/Action on any items listed on any agenda - work session, regular
meeting, or closed session - that is duly posted by the City of Anna for any City Council
meeting occurring on the same date as the meeting noticed in this agenda.
10. Adjourn.
This is to certify that I, Carrie L. Land, City Secretary, posted this Agenda on the City’s website
(www.annatexas.gov) and at the Anna Municipal Complex bulletin board at or before 5:00 p.m.
on 01/19/2024.
_____________________________
Carrie L. Land, City Secretary
Item No. 5.a.
City Council Agenda
Staff Report
Meeting Date: 1/23/2024
Staff Contact: Lauren Mecke
AGENDA ITEM:
Presentation from JPI (Jefferson on the Outer Loop). (Planning Manager Lauren
Mecke)
SUMMARY:
The developer is looking for feedback from City Council regarding their proposed
development.
FINANCIAL IMPACT:
This item has no financial impact.
BACKGROUND:
Staff recommends the Council provide the developer with feedback on their proposed
development.
STRATEGIC CONNECTIONS:
This item has no strategic connection.
ATTACHMENTS:
1. JPI ANNA HFC PRESENTATION - 2024-01-16
JEFFERSON
OUTER LOOP
Development Partnership Overview
Anna, TX
About JPI
2
JPI currently has 26 communities under various
phases of development, consisting of +9,300
homes located in 14 cities with a value of over $2.7
billion.
RECOGNITION
Recognized by RealPage as the most active
developer in DFW for seven consecutive
years.
#11 2023 LARGEST DEVELOPER
#8 2023 LARGEST BUILDER
#1 2023 FASTEST GROWING BUILDER
#2 2023 FASTEST GROWING DEVELOPER
JPI is a trusted and experienced team known for
building communities that enrich residents' lives.
With deep engagement in local markets and
decades of construction expertise, we are one of
the largest and most respected developers and
general contractors in the country.
Our winning formula combines national scale with
market-specific knowledge, ensuring successful
projects.
MARKET LEADERSINCE 1989 WE HAVE
ACCOMPLISHED…
141
CITIES
373
COMMUNITIES
114K+
HOMES
$17.5B
VALUE
| Jefferson Outer Loop
JPI Capabilities
3
JPI’s vertical integration and broad expertise enables us to assemble and analyze the best market data which results in the
best investment opportunities and the best risk-adjusted returns.
ACQUISITIONS
104 projects acquired, encompassing 22,000
homes valued in excess of $2 billion.
PROJECT CAPITALIZATION
Maintain and leverage strategic
relationships with a diverse array of
capital partners.
INVESTMENT MANAGEMENT
Employ operating efficiencies, maximize
revenue stream, and monitor property
performance.
JPI benefits from its vertical integration resulting in development spreads wider than the competition
Source best land acquisition opportunities
with proprietary data. Coordinate design,
entitlement, project approval processes and
work with all JPI disciplines throughout
project lifecycle to ensure best outcomes.
DEVELOPMENT FINANCE AND ACCOUNTING
Provide lenders and investors with
institutional-grade financing, accounting,
treasury services, compliance, risk
management, legal coordination, and
administrative expertise.
CONSTRUCTION MANAGEMENT
Function as a general contractor for all
projects built utilizing best-in-class
subcontractors and best-build practices for
safety, quality, schedule and cost.
| Jefferson Outer Loop
JPI Capabilities
DALLAS-FORT WORTH
JPI COMMUNITIES
52
COMMUNITIES
9
CITIES
18.5K+
HOMES
$1.34B
VALUE
DALLAS-FORT WORTH
MARKET SHARE
Total 2022 rental construction starts in
DFW Metropolitan Area
31.6K Homes
Total 2022 JPI construction starts in DFW
Metropolitan Area
4.3K Homes
14%
Market Share in 2022
19%
Expected Market Share in 2023 Our goal is to lead the industry in Attainable
Housing in the Dallas-Fort Worth Metroplex.
JPI ATTAINABLE HOUSING
PLATFORM
3 UNDER CONSTRUCTION
7 PLANNED
498 UNDER CONSTRUCTION
1.6K PLANNED*
ATTAINABLE HOMES
Attainable Rent Units
ATTAINABLE COMMUNITIES
6 CURRENT CITY PARTNERS
8 CITIES WITH EXECUTED
AGREEMENTS
PUBLIC PARTNERS
*Expected Construction Starts Next 12 Months
4
| Jefferson Outer Loop
5
Community Amenities
| Jefferson Outer Loop
5
6
Unit Amenities
| Jefferson Outer Loop
6
The Project - Aerial
| Jefferson Outer Loop
7
The Project – Site Plan
| Jefferson Outer Loop
8
Public/Private Structure
| Jefferson Outer Loop
JPI (developer) enters into a partnership
with the City’s Public Partner
Land that Attainable Housing sits on is
owned Fee-Simple by Public Partner
Public Partner leases the land to the
entity of the Attainable Housing
Development (99 years)
Developer enters into a partnership with Public
Partner to share ownership and revenue of the
Attainable Housing Development
Attainable Housing Development
Public PartnerJPI
Attainable Housing
•No federal subsidies, no tax credits, and no low-income
•50% targeting households restricted at 80% AMI and 40% of
the units restricted at 140% AMI.
•Public/Private partnership allows a property tax exemption in
order to make the development financially feasible
•Creation of a quality new rental community that will set the
standard for future attainable housing
•A structure that will serve middle-income Attainable including
teachers, public servants, healthcare professionals, and many
essential workers that need quality housing options
City Public Partner
•The Public Partner will earn revenue as an owner of the
recently-constructed rental community instead of
receiving property taxes
•This additional income to the Public Partner can be used
for future public or economic development efforts
•At the end of the lease term, the City Partner will retain
the property and any improvements
Average AMI for Collin County is $113,255*
Average AMI for Anna is $93,785*
9Source: United States Census Bureau * in 2022 dollars, 2018-2022
HFC Distribution
| Jefferson Outer Loop
HFC Development Outer Loop Ph1 Outer Loop Ph2 Jefferson Finley
HFC Annual Income:
Land Lease Payment -Starting at Community
Stabilization $170,000 per year $150,000 per year $27,500 per year
HFC Payments at Construction Start:
Anna HFC GC Fee $598,000 $532,000 $576,000
Upfront Participation Fee $664,000 $590,000 $642,000
Subtotal -Paid at Construction Start $1,262,000 $1,122,000 $1,218,000
HFC Payments at Capital Event:
Profit Share (Estimate; 1% of Gross Sale Proceeds)$1,196,000 $1,057,000 $1,075,000
Outer Loop Ph1 5 Year Estimate 10 Year Estimate
City Tax Revenue (Non-HFC)$2,149,205 $4,640,722
HFC Total Revenue $3,360,553 $4,406,859
10
Outer Loop Ph2 5 Year Estimate 10 Year Estimate
City Tax Revenue (Non-HFC)$1,948,612 $4,207,588
HFC Total Revenue $2,975,370 $3,898,582
Item No. 6.a.
City Council Agenda
Staff Report
Meeting Date: 1/23/2024
Staff Contact:
AGENDA ITEM:
Approve City Council Meeting Minutes for January 9, 2024. (City Secretary Carrie Land)
SUMMARY:
FINANCIAL IMPACT:
BACKGROUND:
STRATEGIC CONNECTIONS:
ATTACHMENTS:
1. CCmin2024-01-09 Work Session
2. CCmin2024-01-09
City Council Work Session
Meeting Minutes
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 met 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.
1. Call to Order, Roll Call, and Establishment of Quorum.
Mayor Pike called the meeting to order at 5:33 PM.
Members Present:
Mayor Nate Pike
Council Member Kevin Toten
Council Member Elden Baker
Council Member Pete Cain
Members Absent:
None
2. Closed Session (Exceptions).
Under Tex. Gov't Code Chapter 551, the City Council may enter into Closed
Session to discuss any items listed or referenced on this Agenda under the
following exceptions:
a. Consult with legal counsel regarding pending or contemplated litigation
and/or on matters in which the duty of the attorney to the governmental body
under the Texas Disciplinary Rules of Professional Conduct of the State Bar
of Texas clearly conflicts with Chapter 551 of the Government Code (Tex.
Gov’t Code §551.071).
b. Discuss or deliberate the purchase, exchange, lease, or value of real
property (Tex. Gov’t Code §551.072).
c. Discuss or deliberate Economic Development Negotiations: (1) To discuss
or deliberate regarding commercial or financial information that the City has
received from a business prospect that the City seeks to have locate, stay,
or expand in or near the territory of the City of Anna and with which the City
is conducting economic development negotiations; or (2) To deliberate the
offer of a financial or other incentive to a business prospect described by
subdivision (1). (Tex. Gov’t Code §551.087).
d. Discuss or deliberate personnel matters (Tex. Gov’t Code §551.074).
MOTION: Mayor Pike moved to enter closed session. Council Member
Cain seconded. Motion carried 4-0.
Mayor Pike recessed the meeting at 5:34 PM.
Mayor Pike reconvened the meeting at 6:01 PM.
The Council further reserves the right to enter into Executive Session at any
time throughout any duly noticed meeting under any applicable exception
to the Open Meetings Act.
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 6:01 PM.
Approved on the 23rd day of January 2024
__________________________________
ATTEST: Mayor Nate Pike
__________________________________
City Secretary Carrie L. Land
Regular City Council Meeting
Meeting Minutes
Tuesday, January 9, 2024 @ 6:00 PM
Anna Municipal Complex - Council Chambers
120 W. 7th Street, Anna, Texas 75409
The City Council of the City of Anna met on 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.
1. Call to Order, Roll Call, and Establishment of Quorum.
Mayor Pike called the meeting to order at 6:01 PM.
Members Present:
Mayor Nate Pike
Mayor Pro Tem Lee Miller
Deputy Mayor Pro Tem Randy Atchley
Council Member Kevin Toten
Council Member Stan Carver
Council Member Elden Baker
Council Member Pete Cain
Members Absent:
None
2. Invocation and Pledge of Allegiance.
Mayor Pike led the Invocation and Pledge of Allegiance.
3. Neighbor Comments.
No comments given.
4. Reports.
a. Report on the December 2023 Parks Advisory Board Meeting. (Director of
Neighborhood Services Marc Marchand)
Marc Marchand, Director of Neighborhood Services, provided 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.
5. Consent Items.
MOTION: Council Member Toten moved to approve items 5.a.-d. Mayor Pro Tem
Miller seconded. Motion carried 7-0.
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)
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.
The City is seeking to retain the services of McCreary, Veselka, Bragg and
Allen (MVBA) for the collection of delinquent municipal court fines and fees.
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
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.)
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.
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.
MOTION: Council Member Baker moved to approve. Mayor Pro Tem Miller
seconded. Motion carried 6-1. Council Member Toten opposed.
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.
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.)
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.
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.
MOTION: Council Member Carver moved to approve. Council Member
Cain seconded. Motion carried 6-1. Council Member Toten opposed.
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.
Mayor Pike recused himself at 6:13 PM.
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)
Two readings of the Resolution are required. The presiding officer read the
following for the first reading:
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.
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)
Two readings of the Resolution are required. The presiding officer read the
following for the second reading:
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.
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)
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.
MOTION: Council Member Baker moved to approve. Council Member
Toten seconded. Motion carried 6-0.
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
f.Consider/Discuss/Action on appointments to the 2024 Boards and
Commissions Interview Committee. (City Secretary Carrie Land)
No action taken.
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
MOTION: Mayor Pro Tem Miller moved to enter closed session. Council
Member Toten seconded. Motion carried 6-0.
Mayor Pro Tem Miller recessed the meeting at 6:18 PM.
Mayor Pike returned in Closed Session at 6:48 PM.
Mayor Pike reconvened the meeting at 7:17 PM.
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.
No action taken.
9. Adjourn.
Mayor Pike adjourned the meeting at 7:17 PM.
Approved on the 23rd day of January 2024
__________________________________
ATTEST: Mayor Nate Pike
__________________________________
City Secretary Carrie L. Land
Item No. 6.b.
City Council Agenda
Staff Report
Meeting Date: 1/23/2024
Staff Contact: Bernie Parker
AGENDA ITEM:
Review Minutes of the December 7, 2023, 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. December 7_2023 CDC EDC Joint Meeting Minutes_Signed
Item No. 6.c.
City Council Agenda
Staff Report
Meeting Date: 1/23/2024
Staff Contact: Terri Doby
AGENDA ITEM:
Review Monthly Financial Report for the Month Ending December 31, 2023. (Budget
Manager Terri Doby)
SUMMARY:
The City of Anna's financial policies require the publication of a financial report monthly.
This report covers the financial performance for Fiscal Year 2024 through December 31,
2023. Enclosed in the report is an executive dashboard that provides a high level look at
major funds along with detailed reporting of sales tax collections.
The financial condition of the City remains strong and the reported funds adhere to fund
balance requirements.
FINANCIAL IMPACT:
Information only.
BACKGROUND:
The FY2024 Budget was adopted on September 12, 2023.
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing the strategic
outcome area: Excellent.
ATTACHMENTS:
1. FY2024 City Council Monthly Financial Report December
Positive Positive variance compared to historical trends
Warning Negative variance of 3%-5% compared to historical trends
Negative Negative variance of >5% compared to historical trends
FY2024 FY2024 %
Budget YTD
REVENUES
General Fund
Property Taxes 11,191,000$ -$ 0.0%Property taxes are due in Jan.
Sales Tax 4,293,000 843,990 19.7%Reflects two month of remittances
Franchise and Local Taxes 825,000 3,482 0.4%Franchise fees are collected quarterly.
Charges for Services 730,000 20,562 2.8%Rental registrations are collected once per year.
Fines 300,000 91,981 30.7%
Permits, Licenses and Fees 4,330,000 470,060 10.9%
Investment Income 500,000 77,295 15.5%
Other Revenues 37,000 160 0.4%
Revenue Total 22,206,000$ 1,507,530$ 6.8%
With 25.0% of the year expired, revenues recorded in the
General Ledger are at 6.8% of budget but within historical
norms.
EXPENDITURES
General Fund
Expense Total 22,205,696$ 5,773,926$ 26.0%With 25.0% of the year expired, expenses are 26.0% of budget,
reflecting three payrolls in the month of December.
.
Utility Fund
REVENUES
Water Sales 10,846,000$ 2,645,621$ 24.4%
Wastewater Charges 7,718,000 1,777,233 23.0%
Sanitation Revenue 2,300,000 834,275 36.3%
Other Charges for Services 628,570 155,408 24.7%
Permits, Licenses and Fees 1,522,000 99,253 6.5%
Investment Income 302,000 105,678 35.0%
Other Revenues 600 304 50.7%
Utility Fund Total 23,317,170$ 5,617,772$ 24.1%With 25.0% of the year expired, revenues recorded in the
General Ledger are at 24.1% of budget.
EXPENDITURES
Utility Fund
Expense Total 22,522,935$ 4,068,993$ 18.1%With 25.0% of the year expired, expenses are 18.1% of budget.
CITY OF ANNA
GENERAL & UTILITY FUNDS DASHBOARD
Through December 31, 2023
Favorable / Unfavorable
% Change
2023-24 Collections from 2022-23 Collections
Monthly Prior Year Monthly
October 655,358$ 25.5% 522,386$
November 695,026 28.0% 542,873
December 622,388
January 454,358
February 463,016
March 605,483
April 551,653
May 591,858
June 634,824
July 600,214
August 656,241
September 707,590
1,350,384$ 6,952,884$
Budget: 6,753,000 20.0% 6,753,100
CITY OF ANNA
Schedule of Sales Tax Collections
For the month November 30, 2023
$0
$100,000
$200,000
$300,000
$400,000
$500,000
$600,000
$700,000
$800,000
Monthly Sales Tax Collections:
3 Year Comparison
FY2021-22 FY2022-23 FY2023-24
Fiscal Year 2023-24 Fiscal Year 2022-23
Monthly Monthly
October 56 1
November 44 39
December 57 17
January 16
February 32
March 129
April 124
May 72
June 82
July 179
August 119
September 44
157 854
% Budget
FY2024 Budget: 800 19.6%
CITY OF ANNA
Building Permits Issued
Thru the month December 31, 2023
0
20
40
60
80
100
120
140
160
180
200
Monthly Building Permits Received:
2 Year Comparison
FY2022-23 FY2021-22
Item No. 6.d.
City Council Agenda
Staff Report
Meeting Date: 1/23/2024
Staff Contact: Bernie Parker
AGENDA ITEM:
Approve a Resolution Adopting the Anacapri Public Improvement District Improvement
Area #2A Funding And Reimbursement Agreement. (Interim Director of Economic
Development Bernie Parker)
SUMMARY:
Staff recommends that the City Council approve this item that includes a Resolution
approving a Reimbursement Agreement with Megatel for the AnaCapri Public
Improvement District to develop the Improvement Area #2A Assessed Property and be
reimbursed for a specified portion of the public improvement projects using the Bond
Proceeds.
FINANCIAL IMPACT:
N/A
BACKGROUND:
The City Council approved a Development Agreement with Megatel in October 2021
and created the AnaCapri Public Improvement District on April 12, 2022. The City
council approved on April 11, 2023 a resolution approving a reimbursement agreement
with Megatel for the AnaCapri Public Improvement District Area #1.
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing the strategic
outcome area: Unique.
ATTACHMENTS:
1. Resolution and Agreement-AnaCapri RA IA #2A
Item No. 7.a.
City Council Agenda
Staff Report
Meeting Date: 1/23/2024
Staff Contact: Lauren Mecke
AGENDA ITEM:
Consider/Discuss/Action on a Resolution amending the Development Agreement
pertaining to the building materials requirement within Anacapri. (Planning Manager
Lauren Mecke)
SUMMARY:
The Anacapri development standards were established by Development Agreement
(Resolution No. 2020-12-831) in 2020 as the developer was in the process of
purchasing the land. The developer is requesting to make changes to their
Development Agreement pertaining only to the non-residential buildings and the garage
door requirements for single-family dwellings, detached. The applicant has provided a
letter from their architect to describe the Caribbean architectural style desired for the
non-residential buildings and provided an example of how an embossed metal garage
door can achieve a similar appearance to a wood door.
FINANCIAL IMPACT:
This item has no financial impact.
BACKGROUND:
If City Council is in favor of amending the Development Agreement, staff recommends
language as outlined below (deletions in struck-through red font and additions in underlined
green font).
Nonresidential Buildings
A. At least 80% of the exterior walls (excluding doors, door frames, windows, and
window frames) shall use only stone, brick, and/or split face concrete masonry
units in the construction of the exterior facade that are visible to the public.
B. Other finishes and materials may be used at the sole discretion of the City
Council if adopted as part of the site plan approval and if permitted by building
and fire codes.
C. At least 60% of exterior façades not visible to the public (excluding doors, door
frames, windows, and window frames) are required to be brick or rock veneer.
D. A maximum of 10% of any exposed exterior wall may consist of EIFS
A. Buildings shall utilize the architectural style and materials of Caribbean
architecture in accordance with Exhibit 3.
B. Where the function of an individual business, or the recognized identity of a
brand dictates a specific style, image, or building material associated with that
company, the masonry provision may be modified; however, the development
shall maintain harmony in terms of overall project design and appearance, and
such design shall be subject to approval by the City Council after
recommendation from the Planning & Zoning Commission.
Single-Family Residence Buildings (SF-60 and SF-Z)
A. Except as noted below, the exterior walls (excluding windows and doors) on the
first-floor front elevation of any structure shall be 90 percent masonry and 80
percent on the second-floor front elevation. The total cumulative surface area of
the remaining exterior walls (excluding windows and doors) shall be 80%
masonry.
B. A maximum of 10% of any exposed exterior wall may consist of EIFS.
C. Second floor Dutch gable roof elements are not required to be masonry if set
back at least 3 feet from the first-floor front elevation vertical plane.
D. The masonry standards that apply to the front elevation of a structure as
described in subsection (A) above shall also apply to any exterior walls on a
structure that are: (i) adjacent to and face a public street or right-of-way; or (ii)
visible from and located immediately adjacent to a public park, reserved open
space or neighborhood common area, or an undeveloped flood hazard or
drainage area that is also adjacent to a public street.
E. Roofing materials of a structure may only consist of architectural asphalt shingles
(including laminated dimensional shingles), clay and concrete tile, metal shingles,
mineral-surfaced row roofing, slate and slate-type shingles, wood shingles, wood
shakes or an equivalent or better product as compared with said materials.
Should architectural shingles be used as roofing material, said shingles shall be
accompanied with a minimum 25-year warranty. Under no circumstance shall
three-tab shingles be used as roofing material.
F. Garages
All garages must also incorporate wood clad (or equivalent) garage doors or wood
composite doors and contain at least two of the following enhancements:
1. All garage doors must be:
i. Wood clad (or equivalent) garage doors,
ii. Wood composite doors, or
iii. Embossed single metal garage door with an appearance and/or color
similar to a wood door as depicted in Exhibit 4.
2. All garage doors shall contain at least two of the following enhancements:
i. Two single garage doors (in lieu of double doors);
ii. Decorative windows;
iii. Decorative hardware;
iv. Garage door recessed a minimum of 12 inches from the garage face;
v. Cast stone surround.
vi. Eight-foot tall garage doors.
G. All doors on the font facade of a residence shall be constructed of wood, iron,
glass, and/or architectural fiberglass.
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing the strategic
outcome area: Unique.
ATTACHMENTS:
1. Resolution (Anacapri 2024 DA)
2. Development Agreement (Anacapri 2024)
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A DEVELOPMENT
AGREEMENT WITH ANACAPRI LAGUNA AZURE LLC RELATING TO
DEVELOPMENT AND DESIGN REGULATIONS FOR A MUTI-USE DEVELOPMENT
GENERALLY LOCATED ON THE EAST AND WEST SIDES OF FUTURE FERGUSON
PARKWAY, NORTH OF HACKBERRY DRIVE, AND SOUTH OF MANTUA ROAD.
WHEREAS, Anacapri Laguna Azure, LLC is the Property Owner of real estate generally
located on the east side of Ferguson Parkway, north and south of Rollins Road, and the
southeast and southwest intersection of Mantua Road and Ferguson Parkway; and
WHEREAS, the property is zoned Planned Development (Ord. No. 887-2020) to allow for
a predominantly residential development that would include a mixture of residential types
and supporting commercial zoning; and
WHEREAS, Property Owners have agreed to development and design regulations;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS THAT:
Section 1. Recitals Incorporated.
The recitals above are incorporated herein as if set forth in full for all purposes.
Section 2. Approval
The City Council hereby approves the Development Agreement with Anacapri Laguna
Azure, LLC attached hereto as Exhibit A and ratifies and approves the City Manager’s
execution of the same. The City Manager is hereby authorized to execute all documents
and take all other actions necessary to finalize, act under and enforce the Agreement.
PASSED by the City Council of the City of Anna, Texas, on this 23rd day of January
2024.
ATTESTED: APPROVED:
________________________________ _________________________
Carrie L. Land, City Secretary Nate Pike, Mayor
DEVELOPMENT AGREEMENT
This Development Agreement (this "Agreement") is entered effective as of January
23, 2024 (“Effective Date”) between and among the City of Anna, Texas, a Texas home-rule
municipality ("City") and Anacapri Laguna Azure, LLC,(“Property Owner”) as follows:
RECITALS
WHEREAS, the Property Owners are the sole owner of 232.99 acres of real property described
in Exhibit 1 and depicted on Exhibit 2, (the "Property"); and,
WHEREAS, the property was previously rezoned to Planned Development (Ord. No. 887 -
2020); and,
WHEREAS, the City and Property Owner previously entered into a development agreement
(Resolution No. 2020-12-831) to establish development and design regulations to ensure that
future development is appropriate for the area and fits in well with adjacent properties; and,
WHEREAS, it is the Parties’ mutual intent that this agreement shall govern only the subject
matter specifically set forth herein and shall supersede provisions of Anna City Code of
Ordinances and other regulations and adopted policies of the City (collectively, “City
Regulations”) only to the extent that any such City Regulations directly conflict with the terms
of this development agreement; and,
NOW, THEREFORE, in consideration of the above recitals and the mutual consideration as
reflected in the covenants, duties and obligations contained herein, the sufficiency of which is
hereby acknowledged, the Parties hereto agree as follows, effective as of the Effective Date:
SECTION 1. RECITALS INCORPORATED.
The recitals set forth above are incorporated herein as if set forth in full to further describe the
Parties' intent under this development agreement and said recitals constitute representations by
Property Owners, Developer, and the City.
SECTION 2. DEVELOPMENT STANDARDS / BUILDING MATERIALS.
With respect to all structures/development within the PD-MU Zoning District, Property Owner
agrees to comply or to cause the builders to comply and any other successors or assigns to
comply with all City Regulations and with the masonry material requirements and all other
requirements of the Anna City Code of Ordinances, Article 9.04 Zoning Ordinance, Section
9.04.034 Supplementary District Regulations, Subsection (e) Architectural Design Standards
and with the following standards (in the event of any conflict, the following listed standards shall
govern).
Nonresidential Buildings
A. Buildings shall utilize the architectural style and materials of Caribbean architecture in
accordance with Exhibit 3.
B. Where the function of an individual business, or the recognized identity of a brand dictates
a specific style, image, or building material associated with that company, the masonry
provision may be modified; however, the development shall maintain harmony in terms
of overall project design and appearance, and such design shall be subject to approval
by the City Council after recommendation from the Planning & Zoning Commission.
Multiple-Family Residence Buildings
A. All multi-family buildings and structures shall have at least sixty percent (60%), for the
first three stories of the total exterior walls above grade level, excluding doors and
windows, and recessed balcony areas (should be allowed as plane break), constructed
of masonry (brick/rock veneer) materials with no more than forty percent (40%)
consisting of cementitious siding (Hardie products) or stucco materials.
B. A maximum of 10% of any exposed exterior wall may consist of EIFS
C. Roofing materials for buildings and structures must be architectural roof shingles, said
shingles shall be accompanied with a minimum 25 -year warranty. Under no
circumstance shall three-tab shingles be used as roofing material.
Single-Family Residence Buildings (SF-60 and SF-Z)
A. Except as noted below, the exterior walls (excluding windows and doors) on the first-floor
front elevation of any structure shall be 90 percent masonry and 80 percent on the
second-floor front elevation. The total cumulative surface area of the remaining e xterior
walls (excluding windows and doors) shall be 80% masonry.
B. A maximum of 10% of any exposed exterior wall may consist of EIFS.
C. Second floor Dutch gable roof elements are not required to be masonry if set back at least
3 feet from the first-floor front elevation vertical plane.
D. The masonry standards that apply to the front elevation of a structure as described in
subsection (A) above shall also apply to any exterior walls on a structure that are: (i)
adjacent to and face a public street or right -of-way; or (ii) visible from and located
immediately adjacent to a public park, reserved open space or neighborhood common
area, or an undeveloped flood hazard or drainage area that is also adjacent to a public
street.
E. Roofing materials of a structure may only consist of architectural asphalt shingles
(including laminated dimensional shingles), clay and concrete tile, metal shingles,
mineral-surfaced row roofing, slate and slate-type shingles, wood shingles, wood shakes
or an equivalent or better product as compared with said materials. Should architectural
shingles be used as roofing material, said shingles shall be accompanied with a minimum
25-year warranty. Under no circumstance shall three-tab shingles be used as roofing
material.
F. Garages
1) All garage doors must be:
i. Wood clad (or equivalent) garage doors,
ii. Wood composite doors, or
iii. Embossed single metal garage door with an appearance and/or color
similar to a wood door as depicted in Exhibit 4.
2) All garage doors shall contain at least two of the following enhancements:
i. Two single garage doors (in lieu of double doors);
ii. Decorative windows;
iii. Decorative hardware;
iv. Garage door recessed a minimum of 12 inches from the garage face;
v. Cast stone surround.
vi. Eight-foot tall garage doors.
G. All doors on the font facade of a residence shall be constructed of wood, iron, glass,
and/or architectural fiberglass.
SECTION 3. NOTICES.
Any and all notices required to be given by either of the parties hereto must be in writing and
will be deemed delivered upon personal service, if hand -delivered, or when mailed in the
United States mail, certified, return receipt requested, addressed as follows:
To City: City Manager
City of Anna
120 W 7th Street
Anna, Texas 75409
To Property Owner(s): ANACAPRI LAGUNA AZURE, LLC
5560 Tennyson Parkway
Suite 250
Plano, TX, 75024
SECTION 4. MODIFICATIONS OR TERMINATION.
This Agreement may only be modified and/or terminated as follows: (a) by mutual written
agreement of Property Owner and City; and/or (b) unilaterally by City upon default of the
Property Owner.
SECTION 5. DEFAULT.
If Property Owner, its heirs, successors or assigns or subsequent owners of the Property, fail to
fully comply with all the terms and conditions included in this Agreement (the “Defaulting
Owner”), City will have the following non-exclusive and cumulative remedies.
A. Withholding of utilities or withholding or revocation of permits and other approvals
required for development and use of the portion of the Property that is the subject of
the default (but no other portions of the Property) including without limitation building
permits and certificates of occupancy.
B. The Defaulting Owner, or its heirs, successors or assigns, or subsequent owners of
the Property (collectively, the “Defaulting Developer Parties”) shall be liable to pay to
the City the sum of $2,000 for each failure to fully comply with the development
standards set forth in Section 3 of this Agreement. The Defaulting Developer Parties
shall be liable to pay the City said $2,000 sum per day for each day that such failure
to comply occurs. The sums of money to be paid for such failure(s) is not to be
considered as a penalty, but shall be deemed, taken and treated as reasonable
liquidated damages that accrue per day that such a failure shall exist or occur. The
said amounts are fixed and agreed upon by the parties because of the impracticability
and extreme difficulty of fixing and ascertaining the actual damages the City in such
event would sustain; and said amounts are agreed to be the amounts of damages
which the City would sustain. Notwithstanding the foregoing, none of the Defaulting
Developer Parties shall be liable to pay the liquidated damages that accrue under this
paragraph unless there is a breach of any material term or condition of this Agreement
and such breach remains uncured after forty-five (45) calendar days following receipt
of written notice from the City provided in accordance with this Agreement describing
said breach in reasonable detail (or, if the cure of the breach has diligently and
continuously been undertaken but reasonably requires more than forty -five (45)
calendar days to cure, then such additional amount of time as is reasonably necessary
to effect the cure, as determined by both Parties mutually and in good faith but in no
event shall such additional period exceed 120 days unless agreed to in writing by the
parties to this Agreement). In the event of a breach that is not timely cured in
accordance with this paragraph, the sum of liquidated damages shall be calculated to
include each and every day of the occurrence of the breach beginning on the date that
the City first provided written notice of such breach under this paragraph and the City
shall not be required to provide a subsequent written notices as to subsequent dates
or times during which such breach is repeated or continues to occur.
C. In the event of a default, the non-defaulting party will additionally have any and all
remedies available to it at equity or in law.
SECTION 6. BINDING ON SUCCESSORS, AGREEMENT RUNS WITH THE LAND.
Except as otherwise provided for herein, this Agreement will be binding upon and inure to the
benefit of the parties’ respective successors, assigns and personal representatives. This
Agreement will run with the land and be binding on all subsequent Property Owners.
SECTION 7. INDEMNIFICATION AND HOLD HARMLESS.
THE DEVELOPER, INCLUDING ITS SUCCESSORS AND ASSIGNS (THE “INDEMNIFYING
PARTY”), HEREBY COVENANTS AND AGREES TO RELEASE, DEFEND, HOLD
HARMLESS, AND INDEMNIFY THE PROPERTY OWNERS AND THE CITY AND ITS
OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ALL THIRD-
PARTY CLAIMS, SUITS, JUDGMENTS, DAMAGES, AND DEMANDS (TOGETHER,
"CLAIMS") AGAINST THE CITY, WHETHER REAL OR ASSERTED INCLUDING WITHOUT
LIMITATION REASONABLE ATTORNEY'S FEES, RELATED EXPENSES, EXPERT
WITNESS FEES, CONSULTANT FEES, AND OTHER COSTS, ARISING OUT OF THE
NEGLIGENCE OR OTHER WRONGFUL CONDUCT OF THE INDEMNIFYING PARTY,
INCLUDING THE NEGLIGENCE OR OTHER WRONGFUL CONDUCT OF ANY OF ITS
EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, MATERIAL MEN, AND AGENTS,
IN CONNECTION WITH THE DESIGN OR CONSTRUCTION OF ANY PUBLIC
INFRASTRUCTURE, STRUCTURES, OR OTHER FACILITIES OR IMPROVEMENTS THAT
ARE REQUIRED OR PERMITTED UNDER THIS AGREEMENT AND/OR CITY
REGULATIONS AND/OR ANY APPLICABLE DEVELOPMENT STANDARDS AND/OR ANY
OTHER GOVERNING REGULATIONS; AND IT IS EXPRESSLY UNDERSTOOD THAT
SUCH CLAIMS SHALL, EXCEPT AS MODIFIED BELOW, INCLUDE CLAIMS EVEN IF
CAUSED BY THE CITY'S OWN CONCURRENT NEGLIGENCE SUBJECT TO THE TERMS
OF THIS SECTION. THE INDEMNIFYING PARTY SHALL NOT, HOWEVER, BE REQUIRED
TO INDEMNIFY THE CITY AGAINST CLAIMS CAUSED BY THE CITY'S SOLE
NEGLIGENCE. IF THE CITY INCURS CLAIMS THAT ARE CAUSED BY THE
CONCURRENT NEGLIGENCE OF THE INDEMNIFYING PARTY AND THE CITY, THE
INDEMNIFYING PARTY’S INDEMNITY OBLIGATION WILL BE LIMITED TO A FRACTION
OF THE TOTAL CLAIMS EQUIVALENT TO THE INDEMNIFYING PARTY’S OWN
PERCENTAGE OF RESPONSIBILITY. THE INDEMNIFYING PARTY FURTHER
COVENANTS AND AGREES TO RELEASE, DEFEND, HOLD HARMLESS, AND
INDEMNIFY, THE CITY AGAINST ANY AND ALL CLAIMS BY ANY PERSON CLAIMING AN
OWNERSHIP INTEREST IN THE PROPERTY AS OF THE DATE HEREOF WHO HAS NOT
SIGNED THIS AGREEMENT IF SUCH CLAIMS RELATE IN ANY MANNER OR ARISE IN
CONNECTION WITH: (1) THE CITY'S RELIANCE UPON ANY OF THE INDEMNIFYING
PARTIES’ REPRESENTATIONS IN THIS AGREEMENT; (2) THIS AGREEMENT OR
OWNERSHIP OF THE PROPERTY; OR (3) THE CITY'S APPROVAL OF ANY TYPE OF
DEVELOPMENT APPLICATION OR SUBMISSION WITH RESPECT TO THE PROPERTY.
At no time shall the City have any control over or charge of the design, construction or
installation of any of the improvements to the Property or related work or undertakings, nor
the means, methods, techniques, sequences or procedures utilized for the design,
construction or installation related to same. This Agreement does not create a joint enterprise
or venture between the City and any of the Indemnified Parties. This Section 8 will survive the
termination of this Agreement.
SECTION 8. RECORDATION.
The parties may record this document in the property records of Collin County on or after
one (1) business day after City Council approval.
SECTION 9. ENTIRE AGREEMENT.
This Agreement is the entire agreement of the parties regarding the subject matter
hereto.
SECTION 10. RECITALS AND EXHIBITS.
The recitals herein and exhibits attached hereto are hereby incorporated by reference.
SECTION 11. AUTHORITY.
Property Owner represents and warrants to the City that the Property Owner owns the Property
that this Agreement is binding and enforceable on the Property.
SECTION 12. INVALID PROVISIONS.
If any provision of this Agreement is held not valid, such provision will be deemed to be excised
there from and the invalidity thereof will not affect any of the other provisions contained herein.
SECTION 13. EFFECTIVE DATE.
This Agreement will be effective upon the Effective Date first stated herein.
[SIGNATURES TO FOLLOW]
CITY OF ANNA
By: ________________________________
Ryan Henderson, City Manager
IN WITNESS WHEREOF:
STATE OF TEXAS
COUNTY OF COLLIN
Before me, the undersigned notary public, on the ______ day of ______________, 2024,
appeared Jim Proce, known to me (or proved to me) to be the person whose name is subscribed
to the foregoing instrument, and acknowledged to me that he executed the same in his capacity
as City Manager of the City of Anna, Texas.
____________________________
Notary Public, State of Texas
ANACAPRI LAGUNA AZURE, LLC a Texas limited partnership,
By: ANACAPRI LAGUNA AZURE, LLC, Managing Partner
By: ___________________________________
Name, title
IN WITNESS WHEREOF:
STATE OF ____________
COUNTY OF ___________
Before me, the undersigned notary public, on the ____ day of _____________, 2024, appeared
_____________________, known to me (or proved to me) to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that he /she executed the same
in his/her capacity as managing member of ANACAPRI LAGUNA AZURE, LLC in its capacity
as managing partner of Anacapri Laguna Azure, LLC, a Texas limited partnership.
_____________________________
Notary Public, State of ___________
EXHIBIT “1”
PROPERTY DESCRIPTION
Anacapri, Phase 1B – 38.822 acres
Ancapri, Phase 1C – 14.717 acres
Anacapri, Phase 2 – 66.262 acres
Anacapri, Phase 3 – 48.585 acres
Anacapri, Phase 4 – 64.604 acres
Anacapri Laguna, Block A, Lot 3 (Amenity Center) – 9.418 acres
Anacapri Laguna, Block A, Lot 4 (Multifamily) – 9.425 acres
Anacapri Laguna, Block A, Lot 5 (Multifamily) – 21.042 acres
EXHIBIT “2”
ANACAPRI PHASES
EXHIBIT “3”
ARCHITECT’S LETTER REGARDING THE BUILDING MATERIALS AND STYLE
4595 EXCEL PARKWAY ADDISON, TEXAS 75001 214-520-8878
To whom may it concerns,
I am Minho Kim, Principal and Chief Design Officer at HEDK Architects. HEDK Architects has been working with
Megatel Homes on Megatel Lagoon projects, since 2020.
I would like to take an opportunity to present the architectural style that Megatel Homes would like to achieve on
their lagoon projects. The architectural style that Megatel Homes would like to propose is Caribbean style of
architecture.
We believe Caribbean style architecture promotes the overall look and feel of the lagoon communities for the best of
the resort style living experiences for the residence and tenants. It also provides a distinguished architectural
experience for the lagoon to the neighborhood communities, visitors, and the city. Caribbean style architecture
presents horizontal siding, board and batten, siding panel, rafter tail details, brackets, deep overhang, covered patio,
different types of shutters, and bright color schemes. (Please see pictures below.) We also believe Caribbean style of
architecture would accentuate the lagoon and its amenity spaces, as a feature of the community and the city.
We propose using fiber cement siding materials which is fire resistant and carries a 50-year warranty. It is a very
sturdy and modern cementitious material, yet can be used in a manner that reflects true Caribbean architectural
style.
If you have any questions, comments, or concerns, please feel free to contact me anytime. I hope this letter will help
the city to understand the style and materials that Megatel Homes try to achieve in their lagoon communities.
Sincerely,
Minho Kim, NCARB, LEED AP
Principal
4595 Excel Parkway | Addison, TX 75001
P 214.520.8878 X104 | C 214.914.9723
EXHIBIT “4”
EXAMPLE GARAGE DOOR
Item No. 7.b.
City Council Agenda
Staff Report
Meeting Date: 1/23/2024
Staff Contact: Lauren Mecke
AGENDA ITEM:
Conduct a Public Hearing/Consider/Discuss/Action on an Ordinance to amend an
existing Planned Development (Ord. No. 887-2020) on 341± acres generally located on
the east and west sides of future Ferguson Parkway, north of Hackberry Drive and
south of County Road 371. (Planning Manager Lauren Mecke)
SUMMARY:
The applicant has submitted a withdrawal letter pertaining to their zoning request.
FINANCIAL IMPACT:
This item has no financial impact.
BACKGROUND:
Staff recommends accepting the applicant’s request to withdraw their Zoning
amendment application.
STRATEGIC CONNECTIONS:
This item has no strategic connection.
ATTACHMENTS:
1. 2024.01.18.AnaCapri - Zoning Application Withdrawal Letter - Megatel Homes
2101 Cedar Springs Road, Suite 700
Dallas, TX 75201
www.megatelhomes.com
January 18, 2024
ATTN: Development Services Department
City of Anna
Municipal Complex
120 W. 7th St., Ste. 142
Anna, TX 75409
Re: Withdrawal of the Zoning of AnaCapri PD Amendment Application
To Whom It May Concern:
AnaCapri Laguna Azure, LLC, as owner of the AnaCapri planned development, hereby requests the withdrawal of
the AnaCapri development’s planned development zoning amendment application from review. We understand that by
withdrawing this application, any fees previously paid are forfeited and a new fee may be assessed if we resubmit this
application in the future.
Thank you for your time and consideration of this matter.
Sincerely,
Steve Maglisceau
Megatel Homes, LLC
Item No. 7.c.
City Council Agenda
Staff Report
Meeting Date: 1/23/2024
Staff Contact: Dalan Walker
AGENDA ITEM:
Consider/Discuss/Action to approve a Resolution approving a professional services
project order amending the master services agreement with Huitt-Zollars for landscape
architecture and park planning services for Anna Crossing Park. (Assistant City
Manager Greg Peters)
SUMMARY:
The City of Anna 2050 Parks/Open Space/Trails/Recreation Master Plan identified the
need for the City to develop an existing 28-acre parcel of undeveloped park land within
the Anna Crossing neighborhood. The property is listed in the Master Plan as Anna
Crossing Park, but a formal naming process will be completed when the park is
developed. The project has been identified in the City's FY2023-2024 Capital
Improvement Plan, and received partial funding in the FY2023-2024 Budget.
Staff has selected Huitt-Zollars from the City's 2021 RFQ Selection to perform the planning and
design work needed for the project. The scope includes the following items:
• Public input processes with neighborhood meetings, Park Board Meetings, and
City Council Meetings to determine needs and solicit feedback
• The development of a master plan for the park, showing proposed amenities and
phasing.
• Landscaping and irrigation system design.
• Services for platting, surveying, and geotechnical investigation are also included
in the scope.
• Preparation of construction documents for the final improvements.
The design portion of the project is expected to take nine to twelve months to complete.
Construction funding will be considered for next year's budget during the FY2024-2025
Annual Budget process.
FINANCIAL IMPACT:
Funding for the Anna Crossing Park project was appropriated in the FY2023 - 2027
Capital Improvement Plan budget in the amount of $265,000 (design funding only) from
the Park Development Fund. Additional money is available to be appropriated during
the FY2025 Budget process. The estimated cost of the agreement is $356,440.
BACKGROUND:
Approximately 28 acres in the Anna Crossing development was dedicated to the city as
park land as part of the City's park land dedication requirements. The land has
remained untouched for several years. There is a pond on the property that serves as a
retention pond for the development as part of its drainage plan. There are wooded
areas and open areas on the site that can be utilized for park amenities. The future
East Finley Boulevard will run along the northern border of the park with additional
points of access at Mae Street and Rendyn Street.
Huitt-Zollars was one of the consultants selected in a pre-approval process that occurred in 2021.
This is the first project for which the City will engage their services under the "landscape
architecture" category, though they have previously provided engineering services for
the City.
STRATEGIC CONNECTIONS:
The item supports the City of Anna Strategic Plan, specifically advancing the strategic
outcome area: Active.
ATTACHMENTS:
1. Resolution for PSPO PARKS1 with Huitt-Zollars for Design of Anna Crossing Park
2. FINAL_Proposal_Anna Crossing Park_01-16-2024 Countersigned HZ
3. Professional Service Project Order - Huitt-Zollars PARKS1 - HZSigned
4. Master Service Agreement - HUITT-ZOLLARS - 2021 Fully Executed MSA
5. Anna Crossing Park Presentation
CITY OF ANNA, TEXAS
RESOLUTION NO. _________________
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A
PROFESSIONAL SERVICES PROJECT ORDER FOR DESIGN SERVICES
RELATED TO ANNA CROSSING PARK BY HUITT-ZOLLARS.
WHEREAS, the City Council of the City of Anna, Texas, (“City Council”) finds that the professional
services project order (PSPO) #PARKS1 with Huitt-Zollars is instrumental and necessary to the
design of improvements at Anna Crossing Park; and
WHEREAS, PSPO #PARKS1 amends Master Services Agreement 2021-2026 with Huitt-Zollars;
and
WHEREAS, the City Council considers park improvements at Anna Crossing Park to be beneficial
to the neighbors of Anna, Texas, meeting several goals and objectives set forth in the Strategic
Plan adopted by City Council; and
WHEREAS, the City Council approves PSPO #PARKS1 to include the following fee:
“The total amount for fiscal year 2023: $356,440.”
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 as set forth in full.
Section 2. Approval and Authorization of Agreement.
The City Council hereby approves the extension attached hereto as Exhibit 1 to execute a PSPO
that amends Master Services Agreement 2021-2026 with Huitt-Zollars and ratifies and approves
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 and enforce the PSPO with Huitt-
Zollars.
PASSED, APPROVED, AND ADOPTED on first and final reading on this 23th day of January,
2024.
ATTEST: APPROVED:
_____________________________ ______________________________
City Secretary, Carrie Land Mayor, Nate Pike
EXHIBIT A
January 17, 2024
Mr. Dalan Walker, RLA
City of Anna, Park Planning & Development Manager
120 W. 7th Street
Anna, Texas 75409
dawalker@annatexas.gov
Mr. Walker,
Huitt-Zollars, Inc. is pleased to submit this proposal for Professional Landscape Architectural Services for
Anna Crossing Park in Anna, Texas. This proposal is intended to provide park site research and data
gathering, field investigation and visual park analysis, park master planning and illustrations, community,
park board and city council meetings, topographic and boundary surveying, geotechnical investigation,
schematic park design, design development and construction documentation services. Construction
budget for Anna Crossing Park is $3 million dollars with an additional $1 million dollars in Phase 2
construction. Project master plan and construction documents will provide a phasing plan.
Based on a meeting with the City of Anna Staff on January 5, 2024 concerning the Scope of Services -
Exhibit A and the Master Agreement for Professional Services between the City of Anna, Texas and Huitt-
Zollars 2021-2026 made as the 13th day of July 2021 made “Effective Date” for services described for
Category F – Landscape Architecture & Park Planning, we propose the following:
_____________________________________________________________________________________
SCOPE OF SERVICES
01. Basic Services – Anna Crossing Park – 28 Acres
1.01 Park Master Planning
a. Research and gather information related to the neighborhood park including, but not
limited to boundaries, aerial photography, topography, existing tree line and groupings,
surrounding neighborhoods, new developments, zoning, existing and proposed
roadways, existing and proposed utilities, schools, recreational, local commercial, trail
networks and other connectivity opportunities. Data will be gathered and utilized to
produce a base map for master planning the park.
b. Visit the park site to gain an understanding of the site character, natural features, man-
made features, neighborhood character, access and circulation, topography,
microclimates and contemplate and discuss park activities and opportunities for activities
that have possibilities within the park, i.e. trails, sport courts, shade pavilions, planned
2
and unplanned spaces, sport complexes, recreational centers, community gathering
spaces.
c. Begin the park design and master planning process. Produce drawings, illustrations and
sketches to an approximate 50% level of completion. The January 5, 2024, team meeting
discussed possible shade pavilions, picnic pavilions, existing pond cleanup, pond overlook
area, hike & bike trails, pedestrian street crossings and neighborhood connectivity, nature
viewing areas, active open space areas, passive open space areas, tree preservation, new
landscape and possible land formation and berms. Plan phase 2 potential and outcomes
described above. Meet with the Neighborhood Services team to review the 50% park
master plan and receive additional design input and direction. Attend one community
meeting, one park board meeting and one city council meeting to present and discuss the
park master plan. Produce an initial opinion of probable cost based on the 50% park plan.
d. After receiving design input and additional direction, continue the park master planning
process. Produce the park master plan to an approximate 90% level of completion. Meet
with Neighborhood Services team to review the 90% park master plan and receive final
input and direction. Attend one community meeting, one park board meeting and one
city council meeting to present and discuss the park master plan. Park master plan will be
presented in full color. Review and update the opinion of probable cost based on the 90%
park plan.
e. Complete the park mastering planning process to a 100% level of completion. Complete
the opinion of probable cost. Present the completed park master plan and opinion of
probable cost to the Neighborhood Services team.
• Deliverables: Final park master plan and opinion of probable cost in CAD and PDF
electronic format.
1.02 Park Schematic Design – 30% Completion
a. Provide a schematic park design based upon the final and approved Anna Crossing Park
master plan.
b. Develop and prepare the schematic design plan set to convey the Anna Crossing Park
improvements. Plan sheets shall be prepared on a 24”x36” plan sheet at a scale of 1”=40’-
0” maximum and include the following: Cover sheet with location map, sheet index, city
council listings and signature blocks, key plan, quantity summary sheet, general notes,
erosion control, erosion control details, site plans, dimensional control plans, grading
plans, limited construction detail sheets, limited planting sheets and planting detail
sheets.
c. Develop phase 2 scenario - $1m as described above
d. Attend a schematic park design review meeting with City staff to confirm project
requirements, receive comments and design suggestions and approval to proceed to
design development plans.
e. Provide an updated opinion of probable cost.
• Deliverables: Park schematic design plan set - 30% completion and updated opinion of
probable cost in CAD and PDF electronic format.
3
1.03 Park Design Development – 60% Completion
a. Develop hardscape and landscape design development plans based on the approved
schematic park design improvements and comments. Design Development plans will be
to an approximate 60% level of completion and will include the following: Cover sheet
with location map, sheet index, city council listings and signature blocks, updated key
plan, updated quantity summary sheet, updated general notes, updated erosion control,
erosion control details, updated site plans, updated dimensional control plans, updated
grading plans, new and revised construction detail sheets, planting sheets, planting
quantities and planting detail sheets. Design development plans will also convey the
irrigation mainline and irrigation equipment needed for construction.
b. Develop phase 2 scenario - $1m as described above
c. Attend one design development review meeting to confirm project requirements, receive
comments and design suggestions and receive approval to proceed to construction
documentation.
d. Provide a preliminary set of technical specifications.
e. Provide an updated estimate of probable construction cost.
• Deliverables: Design development plans and opinion of probable cost in CAD and PDF
electronic format.
1.04 Park Construction Documentation – 90% Completion
a. Develop hardscape, landscape, irrigation plans, construction specifications and bidding
document based on the approved design development plans. These plans will include
structural and electrical design services as they relate to the hardscape and landscape
improvements and this scope of work except for the pre-manufactured steel pavilions
structural design plans and calculations (These shall be completed by the selected
contractor, selected manufacturer and submitted to the City for review and approval
before construction). These plans will the following: Cover sheet with location map, sheet
index, city council listings and signature blocks, updated key plan, updated quantity
summary sheet, updated general notes, updated erosion control, erosion control details,
updated site plans, updated dimensional control plans, updated grading plans, updated
construction detail sheets, updated planting sheets, updated planting quantities, updated
planting detail sheets, irrigation design sheets, irrigation general notes, and irrigation
detail sheets. Hardscape, landscape and irrigation details will be developed for features
of the park development to a level adequate to communicate design intent to a selected
contractor.
b. Refine phase 2 scenario - $1m as described above
c. Attend construction document review meetings at 90% completion to confirm project
requirements and receive approval to finalize the construction documents for bidding.
d. Provide an updated set of technical specifications.
e. Provide a bidding document and bidding guidelines for construction of the park
improvements.
4
f. Provide an updated estimate of probable hardscape, landscape and irrigation
construction cost.
• Deliverables: Construction documentation plans and opinion of probable cost in CAD
and PDF electronic format.
1.05 Park Final Construction Documentation – 100% Completion
a. Develop final hardscape, landscape, irrigation plans, final construction specifications and
final bid document based on the approved construction documents plans. These plans
will include structural and electrical design services as they relate to the hardscape and
landscape improvements and this scope of work except for the pre-manufactured steel
pavilions structural design plans and calculations. These plans will include the following:
Cover sheet with location map, sheet index, city council listings and signature blocks, key
plan, updated and final quantity summary sheet, general notes, final erosion control,
erosion control details, final site plans, final dimensional control plans, final grading plans,
final construction detail sheets, final planting sheets, final planting quantities, final
planting detail sheets, final irrigation design sheets, irrigation general notes, final
irrigation detail sheets. Hardscape, landscape and irrigation details will be developed for
features of the park development to a level adequate to communicate design intent to a
selected contractor.
b. Finalize phase 2 scenario - $1m as described above
c. Provide a final set of technical specifications.
d. Provide a final bidding document and bidding guideline for construction of the park
improvements.
e. Provide an updated and final estimate of probable hardscape, landscape and irrigation
construction cost.
f. Submit construction plans to TDLR or their approved representatives for project
registration, ADA plan compliance review and project inspection.
g. Submit construction plans and technical specifications to the Neighborhood Services
Department.
• Deliverables: 100% final construction documents, construction specifications, bid
document and updated cost estimate in CAD and PDF electronic format.
02. Special Services – Anna Crossing Park – 28 acres
2.01 Topographic and Boundary Survey
a. Control surveying will establish horizontal and vertical control tied to the Texas State
Plane Coordinate System, North Central Texas Zone 4202, and will be located relative to
adjoining projects that impact this design. Horizontal control will be established by a
combination of GPS and conventional surveying methods. Vertical control will be
established by a closed differential level loop tied to the nearest City of Anna Benchmark.
5
b. Topographic surveying will obtain horizontal and vertical topographic information to be
included on the survey base map and used for the preliminary design. Side street
surveying for drainage and utility design will extend 50 feet beyond the existing right-of-
way. Trees that are impacted by the design (trunk location) that are 4 inches in diameter
or larger (measured 4 feet above the ground) will be located. Visible surface utilities will
be located including valve box lids, fire hydrants, water meter lids, manhole lids, cleanout
lids, inlets, vault lids, telephone pedestals, pad mounted transformers, and power poles.
Measure downs on accessible valve boxes, manholes, vaults and inlets will be provided.
Boreholes drilled by the geotechnical consultant will also be located. Measure downs will
only be obtained for water, wastewater and storm facilities where accessible and
obtainable. Excluded: measure downs to electric, gas, telephone, cable and other
telecommunication manholes.
c. A base map will be prepared from the topographic survey information obtained. The base
map will include contours at one-foot intervals and critical spot elevations. Pipe sizes and
flow-line measurements will be shown where applicable and obtainable. The base map
layers and symbols will comply with City of Anna County standards.
• Deliverables: CAD files of completed survey.
2.02 Geotechnical Investigation Services
a. The objective of this geotechnical investigation will be to obtain subsurface data and to
develop foundation and earthwork recommendations for the proposed structures. All
services provided will be performed in accordance with and limited to those generally
accepted engineering standards prevailing at the time and in the area that the work is
performed.
Field Services
Considering the size and layout of the proposed project, we propose that subsurface
conditions be evaluated for this project with a total of ten (10) borings drilled across the
project site. These borings will be advanced to depths of about 20 feet, or 10 feet into
competent bedrock, whichever occurs first.
The borings will be drilled and sampled using a truck-mounted drilling rig. Conventional
tube or split- barrel (standard penetration test) samples will be collected as appropriate
for the soils encountered. Bedrock strata will be tested in-place using the Texas Cone
Penetration Test. The recovered subsurface samples will be preserved and labeled as to
the appropriate boring number and depth in the field. These materials will later be
described in further detail in the laboratory by a Senior Geologist or engineer.
Groundwater, if observed, will be recorded during and at the completion of drilling. After
final groundwater observations, the borings will be backfilled with the excavated
cuttings.
6
Laboratory Services
Selected laboratory testing of the recovered samples will be performed to evaluate soil
index, volume change, and strength properties of the subsurface materials, and to
provide data for analysis. These tests may include but may not be limited to the following:
• Moisture content
• Atterberg limits
• Percent passing No. 200 mesh sieve
• Unconfined compression tests (soil and bedrock)
• Overburden swell tests
• Soluble Sulfates
•
Huitt-Zollars and its consultants - Geotex Engineering will retain recovered samples for 30
days after submission of the geotechnical report unless other arrangements are made by
the client.
Engineering Analysis and Report
Data obtained from the field investigation and laboratory tests will be presented in a
geotechnical data report. Information to be provided includes the following:
• A plan sheet indicating the approximate location of each boring
• A log of each boring with the boring number, depth of each stratum,
material description, soil classification with laboratory test results, and
groundwater information
• A discussion of subsurface soil and groundwater conditions
• A brief discussion of the site geology.
• Preliminary estimates of soil movement related to settlement and expansive
soils.
• Preliminary recommendations for foundation type, depth of allowable
loading, uplift considerations, and Seismic Site Class (2018 IBC).
• Preliminary earthwork recommendations, including material type(s),
compaction, and backfill requirements.
• Earthwork recommendations, including material type(s), compaction, and
backfill requirements.
• Electronic copy of the report.
03. Reimbursable Expenses
• Expenses accrued through printing, deliveries, travel, long-distance calls or other out of
pocket expenses shall be billed at cost +10%.
• The City will pay all submittal fees, review fees and all other regulatory fees required for
this project in advance of their need and in addition to the stated fees below.
7
04. Assumptions & Exclusions
The above scope of services is based on the following assumptions and exclusions. Any work not
specifically included in the Scope of Services above is excluded. The following is a list of some of
the items not included in the scope. These are meant to further clarify our agreement. Any
changes to the scope of work or other unforeseen changes to the site plan or illustrations after
the design is substantially complete will be considered additional services.
• Entitlement services including title searches or reviews, preparation of preliminary plat,
zoning applications, site plan, preliminary engineering, and final plat.
• No easement dedications or research by separate instrument
• Traffic counts, reports and studies.
• Environmental services
• SUE services
• Design of Franchise Utilities (gas, electric, telephone, etc.)
• Existing pond reclamation design, hydrology, hydraulics and civil related pond design
• Storm drainage design
• Floodplain reclamation plans or flood plain modeling.
• FEMA permitting
• Preparation of right-of-way and easement surveys and legal descriptions.
• Pre-manufactured pavilion structural design plans
• Construction observation, administration or management
• Engineering & Off-Site Design – There are no improvements expected beyond this site
as part of this project. Therefore, any on-site or off-site utilities, drainage, or road
improvements beyond those not already covered by this agreement would be
considered additional services.
• Illustrative perspectives and/or plan renderings beyond those in the Basic Services.
• The Client will provide all submittal fees, review fees and all other regulatory fees
required for this project in advance of their need. These fees are not included in the
quoted fees below.
• Record drawings
• Building and/or construction permits
05. Client Provided Services
• The Client shall provide any/all previous engineering, geotechnical and architectural
base files required to provide services for this scope of work.
06. Proposed Schedule
• Park Master Planning Services 8 weeks
• Schematic Design Services 4 weeks
• Design Development Services 8 weeks
• Construction Documentation Services 12 weeks
• Final Construction Documentation Services 4 weeks
8
07. Compensation
Compensation by the CITY OF ANNA to the ENGINEER for all Basic Services enumerated in this
Scope of Work will be based on the percentages of work complete for “Lump Sum” tasks or based
on the actual cost times a multiplier in accordance with Exhibit 2 for “Hourly” tasks. The total
amount will not exceed the estimated amounts without prior written authorization from the CITY
OF ANNA.
Description Fee Type Fee
Basic Services
Park Master Planning Services Lump Sum $ 63,010.00
Schematic Design Services Lump Sum $ 33,025.00
Design Development Services Lump Sum $ 54,025.00
Construction Documentation Services Lump Sum $ 99,050.00
Final Construction documentation Services Lump Sum $ 43,580.00
Subtotal Basic Services $ 292,690.00
Special Services
Survey Services Lump Sum $ 48.500.00
Geotechnical Investigation Services Lump Sum $ 12.250.00
Subtotal Special Services $ 60,750.00
Reimbursable Budget $ 3,000.00
___________________________________________________________________________
Total Landscape Architectural Services for:
Anna Crossing Park $ 356,440.00
9
Illustration A
Anna Crossing Park
Areas shown outlined in RED with GREEN shading on the above “Anna Crossing Park” map indicate the
areas where this proposal intends to perform park master planning, meetings, schematic design, design
development and construction documentation services for the City of Anna, Neighborhood Services.
AUTHORIZATION:
If this proposal is acceptable, please sign below and return one original to us as our notice to proceed.
Attached you will find our current “Dallas 2023 Hourly Rate Schedule”, which is made a part of this
proposal and will apply for work performed on a time and materials basis. New rates may be posted each
January.
Sincerely, Accepted for:
HUITT-ZOLLARS, INC. CITY OF ANNA, TEXAS
Approved: ___________________________
Name: ___________________________
Chris Scott, PLA, ASLA Title: ___________________________
Vice President
Date: ___________________________
Engineering/Architecture Interior Design
Principal $310.00 Sr. Interior Designer $ 155.00
Sr. Project Manager $285.00 Interior Designer $ 125.00
QA Manager $250.00 Interior Designer $ 100.00
Design Principal $310.00
Sr. Structural Engineer $270.00 Survey
Project Manager $240.00
Sr. Civil Engineer $250.00 Survey Manager $240.00
Sr. Mechanical Engineer $250.00 Sr. Project Surveyor $200.00
Sr. Electrical Engineer $250.00 Project Surveyor $150.00
Civil Engineer $180.00 Sr. Survey Technician $130.00
Structural Engineer $195.00 Survey Technician $120.00
Mechanical Engineer $180.00
Electrical Engineer $180.00 Survey Crews
Plumbing Engineer $180.00
EIT $150.00 1-Person Survey Crew $120.00
Sr. Architect $250.00 2-Person Survey Crew $180.00
Sr. NL Architectural Staff $170.00 3-Person Survey Crew $205.00
Architect $165.00
Architect Intern 1 $100.00 Construction
Architect Intern 2 $115.00
Architect Intern 3 $145.00 Construction Manager $200.00
Sr. Landscape Architect $195.00 Resident Engineer $155.00
Landscape Architect $155.00 Sr. Resident Project Representative $200.00
Landscape Architect Intern $115.00 Resident Project Representative $140.00
Sr. Planner $300.00 Sr. Construction Inspector $130.00
Planner $165.00
Planner Intern $130.00 Administrative
Sr. Sustainability Professional $175.00
Sustainability Professional $145.00 Sr. Project Support $115.00
Sr. Designer $175.00 Project Support $100.00
Designer $140.00
Sr. CADD Technician $160.00 Reimbursable Expenses
CADD Technician $110.00
Consultants Cost + 10%
Other Direct Costs Cost + 10%
Mileage IRS Standard Business Mileage Rate
Dallas/Fort Worth Office
2023
HOURLY RATE SHEET
Master PSA# 2021-2026 1
PSPO# PARKS1
EXHIBIT 1
Professional Service Project Order #PARKS1
Pursuant to and subject to the referenced Master Agreement for Professional Services (Master PSA),
between the City and Firm, City hereby requests that Firm perform, and Firm agrees to perform, the work
described below upon the terms and conditions set forth in said Master PSA, which are incorporated herein
by reference for all purposes, and in this Professional Service Project Order (PSPO).
MPSA#
2021-2026
MASTER PSA CATEGORY: F-Landscape Architecture and
Park Planning
ANNA PROJECT CODE:
FIRM NAME Huitt-Zollars
Project Name: Anna Crossing Park Design
# Of Consecutive Business
Days to Complete Project: 270
Original Project Fee: $356,440
OWNER OPTIONAL INFORMATION:
1. Date and Time to Commence: Upon Receipt of Signed Professional Services Project Order,
City’s Purchase Order and Notice to Proceed
2. Other: Architectural Barrier Requirements: Yes X No _
INVOICE SUBMITTAL
Billing Period:
Monthly-Through the end of each month, billed by the 10th of the
following month.
Invoice Mailing Instructions:
Mail to: Attn: Dalan Walker
City of Anna
Neighborhood Services
120 W 7th St
Anna, TX 75409
Include work order number, PO number, billing period, and project
name.
Master PSA# 2021-2026 2
PSPO# PARKS1
Documents:
The PSPO DOCUMENTS as that term is used herein, shall mean and include the following
documents, and expressly incorporates the following by reference for all purposes.
A.Master Agreement for Professional Services 2021-2026 effective July 13, 2021; and
B.This Professional Services Project Order (PSPO) # PARKS1; and
C.Scope of Services-Proposal to the City of Anna (Exhibit A).
This PSPO shall incorporate the terms of all the documents in their entirety. To the extent that
there are any conflicts with provisions of the Master PSA, this PSPO or each other, the provisions
of the Master PSA, then the provisions of this PSPO shall prevail in that order.
Scope of Services: Reference Proposal attached hereto as Exhibit A.
Schedule of Work and Completion Deadline(s): Work will take approximately 9 months.
Acceptance:
The individuals executing this Agreement on behalf of the respective parties below represent to each other that all
appropriate and necessary action has been taken to authorize the individual who is executing this Agreement to do
so for and on behalf of the party for which his or her signature appears, that there are no other parties or entities
required to execute this Agreement in order for the same to be an authorized and binding agreement on the other
party for whom the individual is signing this Agreement and that each individual affixing his or her signature hereto
is authorized to do so, and such authorization is valid and effective on the date hereof.
CITY OF ANNA, TEXAS HUITT-ZOLLARS
Signature Signature
Ryan Henderson - City Manager________ Chris Scott – Vice President
Printed Name & Title Printed Name & Title
01-17-2024
Date Date
Senior Transit Discussion
PROFESSIONAL SERVICES AGREEMENT
DESIGN & DEVELOPMENT OF ANNA CROSSING PARK
CITY COUNCIL
JANUARY 23, 2024
Overview
•Location
•Site
•Scope & Process
•Project Funding
•Staff Recommendation
Project Location
FM 455
LEONARD AVEPROPOSED
PARK
Park Site
ELIZABETH STREETCLARK STREET
Park Site
Project Process & Scope
•Community Driven Process
•Public Meetings with the neighborhood.
•Parks Advisory Board participation, input, and
recommendations.
•City Council review of the proposed amenities and
master plan prior to approval.
•Project Scope
•Development of a 28-acre community park in the Anna
Crossing neighborhood adjacent to Finley Boulevard.
•Consultant Scope
•Develop a Master Plan for the park.
•Complete landscape architecture and irrigation design
for proposed amenities.
•Prepare construction documents for bid and
construction.
Project Funding
•FY2023-2024 - $100,000, Park Development Funds
•FY2024-2025 - $165,000, Park Development Funds (additional funds to be allocated
during budget process)
•The design process is expected to take approximately 12 months and will be funded
through the FY24 and FY25 budget years.
Staff Recommendation & Next Steps
•Staff recommends approving the Resolution approving a professional services project order with
Huitt-Zollars for landscape architecture and p[ark planning services for Anna Crossing Park.
•If approved, the City will work with Huitt-Zollars to establish a project schedule, which will be
included in the quarterly updates for Parks projects posted online and provided to the City
Council and the Parks Advisory Board.
Item No. 7.d.
City Council Agenda
Staff Report
Meeting Date: 1/23/2024
Staff Contact: Justin Clay
AGENDA ITEM:
Consider/Discuss/Action on a Resolution awarding the Leonard Avenue Extension
project to ANA Site Construction. (CIP Manager Justin Clay)
SUMMARY:
As the city has grown, traffic congestion has increased in and around the Anna
Crossing neighborhood located off of State Highway 5 and Finley Boulevard. The City
of Anna Master Thoroughfare Plan shows a proposed future arterial road connecting
Leonard Avenue from the neighborhood to the Collin County Outer Loop. With the
addition of a new Middle School on Leonard, the need for an improved arterial roadway
network in this area has continued to rise.
After receiving feedback from the community, developers, and elected officials, the City
increased the priority of constructing Leonard Avenue to the south. In October of 2022
the City submitted the Leonard Avenue Extension project to Collin County for
consideration of receiving County Bond Funds through their 2022 Collin County Call for
Projects. The County selected the project to receive a 70/30 match, with the City being
responsible for 30% of the cost of construction.
Design for the project was completed last year, and the project was bid for construction.
The bid opening was held on January 8, 2024. Three bids were received, with the
lowest bid from ANA Site Construction, LLC, in the amount of $3,518, 892.90. In order
to account for unforeseen changes during construction, Staff recommends including an
8% contingency in the approved project budget. Upon review of all the information
presented, Staff has determined that ANA Site Construction is qualified and capable of
doing the work and recommends awarding the project to them.
FINANCIAL IMPACT:
Funding for the Leonard Avenue project was appropriated in the FY2023 - 2027 Capital
Improvement Plan budget in the amount of $1.64 million in City funds from the Roadway
Impact Fund. The City will also receive $2.581 million from Collin County for a total
project funding of $4.22 million. The estimated cost of this construction contract is
$3,800,404.33.
BACKGROUND:
The project is included in the FY2023 - 2027 Capital Improvement Plan and the
FY2023-2024 Budget..
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing the strategic
outcome area: Resilient.
ATTACHMENTS:
1. Master Thoroughfare Plan
2. Presentation - Leonard Avenue Extension
3. Resolution - Award Leonard Avenue Extension
Reference the Anna 2050 Comprehensive Plan for detailed street sections
Senior Transit Discussion
AWARD CONTRACT
Construction of Leonard Avenue from Foster Crossing to
the Collin County Outer Loop
January 23, 2024
Overview
•Project Location
•Project Scope
•Project Funding
•Bid Process & Contractor Selection
•Staff Recommendation
Project Location
The project
location is
between Foster
Crossing Rd.
and the Collin
County Outer
Loop.
Project Scope Includes
Paving- 12694 Square Yards of 8-inch concrete with median lights, striping, and signage
Water- 1800 LF of 12” and 8” inch water.
Sewer- 1300 LF of Sanitary Sewer.
Storm Sewer- 1100 LF of pipe.
Project Funding
•Collin County Bond Funds- 2.5
million
•Roadway Impact Fees- 1.4 million
Bid Process & Contractor Selection
•The City publicly advertised the project for bid with the selection to be determined by “best
value” in accordance with Texas Local Government Code.
•Three bids were received on January 8th, 2024. One bid was in line with the overall project
budget.
Staff Recommendation & Next Steps
•Staff recommends awarding the contract to ANA Site Construction.
•If approved, the City will work with Ana Site Construction to develop a construction schedule.
•Work is anticipated to begin Spring of 2024.
CITY OF ANNA, TEXAS
RESOLUTION NO. _______________
A RESOLUTION OF THE CITY OF ANNA, TEXAS, AWARDING THE LEONARD
AVENUE EXPANSION PROJECT TO ANA SITE CONSTRUCTION, LLC, IN THE
AMOUNT NOT TO EXCEED THREE MILLION EIGHT HUNDRED THOUSAND FOUR
HUNDRED AND FOUR DOLLARS AND THIRTY-THREE CENTS ($3,800,404.33),
INCLUDING A 8% CONTINGENCY, WITH AN EFFECTIVE DATE
WHEREAS, the Leonard Avenue paving and utility project is listed as a capital
improvement project in the City of Anna’s Capital Improvement Plan and is shown on the
City’s Master Thoroughfare Plan; and,
WHEREAS, the proposed paving and utility improvements will connect to the Collin
County Outer Loop to development areas in the central southern quadrant of the city;
and,
WHEREAS, The City has publicly bid the construction project in accordance with Texas
Local Government Code; and
WHEREAS, the lowest qualified bid was received from ANA Site Construction, LLC, in
the amount of $3,518,892.90.00
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1.Recitals Incorporated
The recitals above are incorporated herein as if set forth in full for all purposes.
Section 2.Authorization of Payment and Funding.
That the City Council of the City of Anna authorizes the City Manager to execute a
contract not to exceed $3,800,404.33 to ANA Site Construction, LLC for the Leonard
Avenue Extension Improvement Project.
That funding for the project shall come from the Collin County Bond Funds and
Roadway Impact Fees and shall not exceed $3,800,404.33.
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
Item No. 7.e.
City Council Agenda
Staff Report
Meeting Date: 1/23/2024
Staff Contact: Justin Clay
AGENDA ITEM:
Consider/Discuss/Action on a Resolution awarding the Phase 2 Downtown Utility
Rehabilitation Project and Slater Creek Road Water Improvement projects to ANA Site
Construction. (CIP Manager Justin Clay)
SUMMARY:
The Downtown Utility Rehabilitation project includes improvements in various locations
throughout downtown Anna to upgrade the public infrastructure as required for current
uses and future development. The Slater Creek Road water improvement project is for
the replacement of an undersized 1.5-inch water main with a new 6" water main and fire
hydrants in order to improve water flow and pressure for domestic use and firefighting
capability. The projects have been combined in order to obtain better pricing through a
larger volume of work. Both projects are being funded through the American Recovery
Act State and Local Government Fiscal Recovery Fund (SLFRF).
The project was advertised for bid in December, and bids were opened on January 11,
2024. Four bids were received, with the lowest bid submitted by ANA Site Construction,
LLC in the amount of $924,481. Staff is recommending a 15% contingency for the
project due to the high potential of unforeseen underground conflicts in both project
locations. Staff reviewed the qualifications and experience of ANA Site Construction,
LLC, and has also received a letter of recommendation from the design engineer for the
project. Staff recommends awarding the project to ANA Site Construction in an amount
not to exceed $1,063,153.15.
FINANCIAL IMPACT:
Funding for the Downtown Infrastructure Improvements project was appropriated in the
FY2023 - 2027 Capital Improvement Plan budget in the amount of $5.971 million. The
funding for the project is $2.255 million from the Infrastructure Investment Fund and
$3.716 million from the American Recovery Act State and Local Government Fiscal
Recovery Fund (SLFRF). Approximately $5.0 million is available in unencumbered
funds. The estimated cost of this construction contract is $1,063,153.15.
BACKGROUND:
The projects are included in the FY2023-2024 Capital Improvement Plan and FY2023-
2024 Budget.
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing the strategic
outcome area: Resilient.
ATTACHMENTS:
1. Resolution - Award Utility Projects
2. Presentation - Award Utility Projects
CITY OF ANNA, TEXAS
RESOLUTION NO. _______________
A RESOLUTION OF THE CITY OF ANNA, TEXAS, AWARDING THE DOWNTOWN
UTILITY IMPROVEMENT PHASE 2 PROJECT TO ANA SITE CONSTRUCTION, LLC,
IN THE AMOUNT NOT TO EXCEED ONE MILLION SIXTY-THREE THOUSAND ONE
HUNDRED AND FIFTY-THREE DOLLARS AND FIFTEEN CENTS (1,063,153.15),
INCLUDING A 15% CONTINGENCY, WITH AN EFFECTIVE DATE
WHEREAS, the City of Anna received funding from the Federal Government pertaining
to the Coronavirus State and Local Recovery Funding Program (SLRF); and,
WHEREAS, the proposed utility improvements will improve the water infrastructure on 4th
St, 2nd St, Amoret Circle, and Slater Creek Rd; and,
WHEREAS, The City has publicly bid the construction project in accordance with Texas
Local Government Code; and
WHEREAS, the lowest qualified bid was received from ANA Site Construction, LLC, in
the amount of $924,481.00
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1.Recitals Incorporated
The recitals above are incorporated herein as if set forth in full for all purposes.
Section 2.Authorization of Payment and Funding.
That the City Council of the City of Anna authorizes the City Manager to execute a
contract not to exceed $1,063,153.15 to ANA Site Construction, LLC for the Downtown
Utility Rehab Phase 2 Improvement Project.
That funding for the project shall come from the State & Local Fiscal Recovery Funds
and shall not exceed $1,063,153.15.
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
Senior Transit Discussion
AWARD CONTRACT
Construction of Downtown Street Expansion Phase Two
January 23, 2024
Overview
•Project Location
•Project Scope
•Project Funding
•Bid Process & Contractor Selection
•Staff Recommendation
Project Location – Downtown Utility Rehabilitation
The project is located on 4th Street.
The water line along 4th street between Riggins St and Powell
Parkway will be done after hours to help prevent interfering
with our local businesses in the Downtown District.
Project Location – Slater Creek Road
The project is located along
Slater Creek Road, south of
FM 455.
Project Location
The Project is
located on West
Second St. and
Amoret Circle.
Project Scope
•2400 Linear Feet of 8” Water
•1000 Linear Feet of 6” Water
•Nine New Fire Hydrants
Project Funding
•American Recovery
Act Infrastructure
Investment Funds
Bid Process & Contractor Selection
•The City publicly advertised the project for bid with the selection to be determined by “best
value” in accordance with the Texas Local Government Code.
•Four bids were received on January 11th, 2024. One bid was in line with the overall project
budget.
Engineer Letter of Recommendation
Staff Recommendation & Next Steps
•Staff recommends awarding the contract to ANA Site Construction.
•If approved, the City will work with Ana Site Construction to develop a construction schedule.
•Work is anticipated to begin Spring of 2024.
Item No. 8.d.
City Council Agenda
Staff Report
Meeting Date: 1/23/2024
Staff Contact:
AGENDA ITEM:
Discuss or deliberate personnel matters (Tex. Gov’t Code §551.074).
SUMMARY:
FINANCIAL IMPACT:
BACKGROUND:
STRATEGIC CONNECTIONS:
ATTACHMENTS: