HomeMy WebLinkAbout2025-05-27 Regular Meeting MinutesRegular City Council Meeting
Meeting Minutes
Anna Tuesday, May 27, 2025 @ 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 Tuesday, May 27, 2025 at 6:00 PM, in the Anna
Municipal Complex — Council Chambers, located at 120 W. 7th Street, to consider the following
items.
1. Call to Order, Roll Call, and Establishment of Quorum.
Mayor Cain called the meeting to order at 6:00 PM.
Members Present:
Mayor Pete Cain
Mayor Pro Tern Stan Carver II
Deputy Mayor Pro Tern Elden Baker
Council Member Kevin Toten
Council Member Jody Bills
Council Member Kelly Herndon
Council Member Lee Miller
Members Absent:
None
2. Invocation and Pledge of Allegiance.
Mayor Pro Tern Carver led the Invocation and Pledge of Allegiance.
3. Neighbor Comments.
Tim Adams spoke about the expansion of Leonard Avenue through his
property.
4. Reports.
Fire Chief Isom spoke about the ATV special rescue vehicle that was delivered
to the Fire Department.
a. Recognize Outgoing Council Member Lee Miller for his Dedication and Service
to the City of Anna. (Mayor Pro Tern Stan Carver II)
Mayor Pro Tern Carver recognized Council Member Miller for his many years of
service to the City of Anna.
b. City Secretary to Administer Oath of Office to Newly Elected Council Members,
Kelly Herndon and Manny Singh. (City Secretary Carrie Land)
The City Secretary administered the Oath of Office to the newly elected Council
Members:
City Council Member Place 4 Kelly Herndon, and
City Council Member Place 6 Manny Singh.
Council Member Singh took his seat at the dais.
Mayor Cain called to enter Closed Session under Tex. Gov't Code §551.071, Tex
Gov't Code §551.072, Tex. Gov't Code §551.087, and Tex Gov't Code §551.074.
MOTION: Council Member Herndon moved to enter closed session. Council
Member Toten seconded. Motion carried 7-0.
Mayor Cain recessed the meeting at 6:30 PM.
Mayor Cain reconvened the meeting at 6:54 PM.
5. Consent Items.
MOTION: Council Member Herndon moved to approve consent items. Deputy
Mayor Pro Tern Baker seconded. Motion carried 7-0.
a. Approve City Council Meeting Minutes for May 13, 2025. (City Secretary Carrie
Land)
b. Review Minutes of the March 17, 2025, and April 21, 2025, Parks and Recreation
Advisory Board Meeting. (Director of Neighborhood Services Marc Marchand)
Review Monthly Financial Report for the Month Ending April 30, 2025. (Budget
Manager Terri Doby)
d. Approve a Resolution authorizing the City Manager to execute a license
agreement with Dallas Area Rapid Transit for public utility facilities crossings.
(Assistant City Manager Greg Peters, P.E.)
Dallas Area Rapid Transit (DART) is the current owner of an existing rail line and
railroad right-of-way located within the City of Anna, running north -south adjacent
to State Highway 5. The City of Anna is continuing to grow, and is required to
provide public water and sanitary sewer service on both sides of the DART right-
of-way. In order to receive authorization to construct and maintain these public
utility crossings, DART requires the city to enter into a license agreement which
defines the responsibilities of both parties. In addition, the City pays an annual
fee to DART for the right to own and operate facilities located in the DART right-
of-way.
This license agreement covers a sanitary sewer line crossing located near the
intersection of Lindsey Lane and State Highway 5.
A RESOLUTION OF THE CITY OF ANNA, TEXAS, AUTHORIZING THE CITY
MANAGER TO EXECUTE A LICENSE AGREEMENT WITH DALLAS AREA
RAPID TRANSIT; WITH AN EFFECTIVE DATE.
e. Approve an Ordinance abandoning a 20' alley deemed unnecessary for use by
the public and authorizing the Mayor to execute a Quitclaim Deed to transfer the
property to the adjacent landowner in a form approved by the City Attorney.
(Planning Manager Lauren Mecke)
The property consists of 16 lots and adjacent public alleys within Block 12. Over
time, the lots within this block have been acquired under single ownership. The
property owner is requesting to abandon the 20' alley adjoining Original Town of
Anna, Block 12, Lots 1-16, in order to replat the property into one lot.
Except for the historic Sherley Brothers Building, the surrounding lots that once
contained structures with a shared public alley are now gone and these alleys
now serve no purpose. Staff and the surveyor have been unable to find record of
these alleys being formally abandoned in the past.
AN ORDINANCE OF THE CITY OF ANNA, TEXAS VACATING AND
ABANDONING A PORTION OF RIGHT-OF-WAY IN THE MARTIN MOORE
SURVEY, ABSTRACT NO. 649 IN THE CITY OF ANNA, COLLIN COUNTY,
TEXAS AND BEING PART OF COUNTY ROAD 369; DECLARING THAT THE
PROPERTIES ARE UNNECESSARY FOR USE BY THE PUBLIC;
AUTHORIZING THE MAYOR OF THE CITY TO EXECUTE A QUITCLAIM DEED
RELEASING THE PUBLIC OWNERSHIP INTEREST AND CONTROL IN THE
PROPERTY; PROVIDING FOR SEVERABILITY OF THE ORDINANCE AND
PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE.
Approve a Resolution regarding Liberty Hills, Phases 1 and 2, Preliminary Plat
(PP 25-0008) (Planning Manager Lauren Mecke)
The applicant requested a waiver from the minimum cul-de-sac length
requirement for three streets (Merlon Drive, Bermuda Drive, and Brookhollow
Lane) within their Preliminary Plat.
At the May 5, 2025, Planning & Zoning Commission Meeting, the Commission
voted 7-0 to recommend approval of the Preliminary Plat subject to City Council
approval of a waiver from Subdivision Regulations Sec. 9.02.081(p) Maximum
and Minimum Length of Cul-De-Sac Streets.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING LIBERTY
HILLS, PHASES 1 AND 2, PRELIMINARY PLAT (PP 25-0008)
g. Approve Resolution authorizing the City Manager to execute a Professional
Services Project Order with Project Advocates for a Survey and Plat of Slayter
Creek Park (Park Planning & Development Manager Dalan Walker)
A proposal for professional services has been received from North Texas
Surveying that will create a survey of the entire 85-acres of Slayter Creek Park.
The survey will include boundary verification, topography, easements, ROW,
utilities, structures, infrastructure and all trees with a caliper 6" or greater. The
project is a significant undertaking and will take two months to complete. In
addition, a plat will be developed which was never done previously.
Project Advocates is assisting the City with project management of several small
to mid -sized projects at Slayter Creek Park under a Master Services Agreement
(MSA). The survey will be included in Professional Services Project Order #2
(PSPO) amending the MSA. The PSPO includes Project Advocate's fee for
project management services.
A RESOLUTION OF THE CITY OF ANNA, TEXAS, APPROVING A
PROFESSIONAL SERVICE PROJECT ORDER TO AMEND A MASTER
AGREEMENT FOR PROFESSIONAL SERVICES WITH PROJECT
ADVOCATES, LLC. TO PROVIDE PROFESSIONAL SERVICES, INCLUDING
SURVEYING, PLATTING AND PROJECT MANAGEMENT.
h. Approve a Resolution authorizing the City Manager to execute purchase orders
in the amount not to exceed $567,000 with Garney Companies, Incorporated for
the pre -construction and procurement services required for the 4 million gallon
per day phase at the Hurricane Creek Wastewater Treatment Plant. (Assistant
City Manager Greg Peters, P.E.)
This item is for the approval of a proposal from Garney Companies, Incorporated,
for pre -construction and procurement services for the 4-million gallon per day
phase of the Hurricane Creek Regional Wastewater Treatment Plant.
Garney has performed extremely well on the project thus far and is meeting
project deadlines. As such, it is in the best interest of the City to have Garney
continue to work with the City to design and construct the plant up to the full 4
million gallons per day size originally contemplated in the request for proposal
process. Approval of this item will allow Garney to work with the City and the
design team on scoping, equipment selection, value engineering, and cost
planning for the growth of the plant to 4 million gallons per day.
A RESOLUTION OF THE CITY OF ANNA, TEXAS, AUTHORIZING THE CITY
MANAGER TO EXECUTE PURCHASE ORDERS IN THE AMOUNT NOT TO
EXCEED FIVE HUNDRED SIXTY-SEVEN THOUSAND DOLLARS
($567,000.00) TO GARNEY COMPANIES, INCORPORATED FOR THE
PRECONSTRUCTION AND PROCUREMENT SERVICES REQUIRED FOR
THE 4-MILLION GALLON PER DAY PHASE AT THE HURRICANE CREEK
REGIONAL WASTEWATER TREATMENT PLANT; AND PROVIDING FOR AN
EFFECTIVE DATE.
Approve a Resolution authorizing the City Manager to execute a project specific
agreement with Kimley-Horn Incorporated for the design and construction phase
services required for the 4 million gallon per day phase at the Hurricane Creek
Wastewater Treatment Plant. (Assistant City Manager Greg Peters, P.E.)
Kimley-Horn was selected as the engineer for the design of the Hurricane Creek
Regional Wastewater Treatment Plant project, and has been working with the
City of Anna and Garney Companies throughout the design and construction of
the temporary package plant and the 2 million gallon per day phase currently
under construction. Kimley-Horn has performed at a high level on the project,
and has worked with the City to ensure the project is meeting deadlines and cost -
control measures are in place to ensure the City is receiving the best value for
the project.
This item includes specific engineering and construction phase tasks for the
expansion of the plant to 4 million gallons per day, which will take place over the
next 3 to 5 years. Funding for the scope of work in fiscal year 2025 is available
through the current CIP budget for the project. Funding for the work performed in
future years will be identified and incorporated into future fiscal year budgets as
a part of the City's annual Capital Improvement Plan update process.
A RESOLUTION OF THE CITY OF ANNA, TEXAS, AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROJECT SPECIFIC AGREEMENT WITH
KIMLEY-HORN, INCORPORATED FOR THE ENGINEERING AND
CONSTRUCTION PHASE SERVICES REQUIRED FOR THE 4-MILLION
GALLON PER DAY PHASE AT THE HURRICANE CREEK REGIONAL
WASTEWATER TREATMENT PLANT; AND PROVIDING FOR AN EFFECTIVE
DATE.
6. Items For Individual Consideration and Public Hearings.
a. Conduct a Public Hearing/Consider/Discuss/Action on an Ordinance regarding
a request for a Specific Use Permit for a Commercial Radio, TV, or Microwave
Operations (Telecommunications) Tower on Urban Crossing, Block A, Lot 19R
(HOA Common Area Lot) (SUP 25-0003)(Planning Manager Lauren Mecke)
This property is located within an existing single-family subdivision. The
associated Site Plan is in conformance with the SF-E district.
The applicant is proposing a six-foot tall iron fence screen around the perimeter
of the site. Under Zoning Ordinance Sec. 9.04.037(6)(B)(iii), ground -mounted
support buildings and equipment screened by a wrought iron fence must be used
in conjunction with a landscape screen. A landscape plan will be required as part
of the site plan application.
The Planning & Zoning Commission recommends approval of the Commercial
Radio, TV, or Microwave Operations (Telecommunications) Tower subject to the
following conditions:
1. Site Shall develop in accordance with the Site Plan shown in Exhibit B.
2. The tower shall be a monopole design with a maximum support structure
height of 120'.
3. The tower shall be designed to accommodate at least four (4) providers.
4. There shall be no lighting installed on the tower except as required by law.
5. The site shall be constructed and operated in accordance with the approved
drawings.
6. The antennas from the internet service provider currently operating on this
parcel shall be accommodated on this tower only after removal their existing 60'
self-supporting lattice tower.
Mayor Cain opened the public hearing at 6:57 PM.
The following Neighbors spoke in favor of the tower:
Ashley Tharayil, Ralph Wyngarder, Ben Easaw, and Tom Longmire.
Three Neighbors did not speak but expressed support.
Mayor Cain closed the public hearing at 7:12 PM.
MOTION: Mayor Pro Tern Carver moved to approve. Council Member Toten
seconded. Motion carried 7-0.
AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY'S
COMPREHENSIVE PLAN, ZONING MAP, AND ZONING ORDINANCE AND
CHANGING THE ZONING OF CERTAIN PROPERTY AS DESCRIBED
HEREIN; PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY
CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A
PENALTY CLAUSE NOT TO EXCEED $2,000 OR THE HIGHEST PENALTY
AMOUNT ALLOWED BY LAW, WHICHEVER IS LESS; AND, PROVIDING FOR
THE PUBLICATION OF THE CAPTION HEREOF.
(Property rezoned under this ordinance is generally located at the northwest
corner of Rosamond Parkway & County Road 368 [future Standridge Boulevard])
b. Consider/Discuss/Action on a Resolution regarding Surdukan City, Block A, Lot
1, Development Plat (DP 25-0002)(Planning Manager Lauren Mecke)
One residential lot located on 13.5± acres, 460± feet east of County Road 480,
1,500± feet north of W. Houston Street (FM 2862) located in the ETJ.
The applicant is requesting to appeal the Planning & Zoning Commission's denial
of a Development Plat with four waivers from Article 9.02 Subdivision
Regulations.
At the May 5, 2025, Planning & Zoning Commission Meeting, the Commission
voted 7-0 to recommend denial of the requested waivers and the Development
Plat to the City Council because the Development Plat is not in conformance with
the following sections of Article 9.02 Subdivision Regulations:
• Sec. 9.02.087(b),
• Sec. 9.02.081(c)(1),
• Sec. 9.02.081(c)(6), and
• Sec. 9.02.081(o).
The property does not have frontage on County Road 480 or platted access
easements. The property lies between Elm Grove Cemetery to the west and Elm
Grove Creek to the east. Portions of the northern and southern property line and
the entirety of the eastern property line abut the Collin County Adventure Camp.
The property owner also owns one of the residential properties abutting the
northern property line.
As illustrated on Exhibit A (Development Plat), the applicant is proposing to build
eight dwelling units, three barns, and 14 accessory buildings on one lot. Per the
Subdivision Regulations, the development of unplatted property in the ETJ
requires the property to be platted by a Development Plat. The Development Plat
must meet the City's Subdivision Regulations.
MOTION: Deputy Mayor Pro Tem Baker moved to enter closed session. Mayor
Pro Tern Carver seconded. Motion carried 7-0.
Mayor Cain recessed the meeting at 7:47 PM.
Mayor Cain reconvened the meeting at 8:01 PM.
MOTION: Mayor Cain moved to postpone action until the next scheduled
meeting. Mayor Pro Tern Carver seconded. Motion carried 7-0.
Consider/Discuss/Action on a Resolution approving a Development Agreement
with OPP-Oak Ridge, LP. (Director of Economic Development Bernie Parker)
OPP-Oak Ridge, LP will build a master planned community on 808 acres of land
west of US 75 and it will be annexed into the City of Anna. Below is a list of key
development terms associated with development:
Public Infrastructure
• Developer to fund, construct, and install all required public infrastructure
(streets, utilities, lighting, drainage, parks, trails, signage) in accordance with City
Regulations and with City Engineer approval.
Wastewater Improvements
• Developer to construct on -site and major off -site sewer improvements (Exhibit
F).
• City is responsible for constructing 54" Trinity Line by January 1, 2029.
Water Improvements
• Developer to construct on -site and major water lines (Exhibit G).
• Developer reimbursed for City -requested oversizing from 12" to 16".
Community Amenities
• Developer to construct two amenity centers and four optional recreational
amenities of the nine options listed in the agreement.
• Amenity Center #1: Minimum 4,000 sq. ft. building, pool, playground, open
space by 250th permit.
Parkland and Trails
• Developer to dedicate open space and trails as shown in Exhibit J.
• Park dedication requirements waived if constructed and dedicated on schedule.
Impact Fees
• Impact Fees assessed per City rates at permit application.
• Developer reimbursed for eligible improvements via a dedicated Impact Fee
Account on a quarterly basis.
Public Site Dedications
• Developer to dedicate land for municipal use and a school site per district
specifications.
Phasing
• Project may be developed in multiple phases; each requires plat approval per
City requirements.
PID and Bonds
• Developer to pay non -reimbursable City PID Fee per lot.
• PID Bonds may be issued subject to satisfaction of financial, regulatory, and
infrastructure conditions.
• Amenity Center #1 must be completed for issuance of third PID Bond series.
TIRZ Creation
• City to create a 49-year Tax Increment Reinvestment Zone (TIRZ) within one
year.
• TIRZ may include subzones for residential and commercial uses.
Annexation
• Developer to submit a voluntary annexation petition within 90 days.
Institutional Rental Restriction
• Developer is prohibited from selling more than 5% of detached lots to
institutional investors.
Mayor Cain reopened Neighbor Comments.
Terrell Culbertson and Betty Sharp spoke in regard to the project.
MOTION: Council Member Toten moved to approve. Deputy Mayor Pro Tern
Baker seconded. Motion carried 7-0.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS
APPROVING THE OAK RIDGE DEVELOPMENT AGREEMENT WITH OPP-
OAK RIDGE, LP.
d. Consider/Discuss/Action on a Resolution of the City Council of the City of Anna,
Texas, finding that a public necessity exists for the acquisition of a permanent
right of way on and under 0.827 acres of real property, a permanent right of way
on and under 0.418 acres of real property, a temporary construction easement
providing limited rights on and under 0.27 acres of real property, a permanent
sanitary sewer easement providing limited rights on and under 0.66 acres of real
property, and a temporary construction easement providing limited rights on and
under 0.65 acres of real property more or less; authorizing the City Manager,
staff, contractors, and the city's attorneys to acquire said easements by any
lawful means, including but not limited to negotiations, and, if necessary,
proceedings in eminent domain; providing an effective date. (Assistant City
Manager Greg Peters, P.E.)
This item is a request for the City Council of the City of Anna, Texas to make a
finding of public necessity for easements and rights -of -way required for the
construction and maintenance of roadway and sanitary sewer capital
improvement projects in the City of Anna, Texas.
MOTION: Council Member Herndon read the following motion to approve:
I move that the City of Anna, Texas authorize the use of the power of eminent
domain to acquire 0.827 acres of land, more or less, for a permanent right of way,
0.418 acres of land, more or less, for a permanent right of way, 0.27 acres, more
or less, for a temporary construction easement, 0.656 acres of land, more or less,
for a permanent sanitary sewer easement, 0.655 acres of lane, more or less, for
a temporary construction easement, said tracts located in the P. Burns Survey,
Abstract 100, Collin County, Texas, part of a 17 acre tract of land conveyed to
MJLA Adams, Ltd., by deed recorded in Instrument Number
20110505000462580 of the Deed Records of Collin County, Texas, said 0.827
acres, 0.418 acres, 0.27 acres, 0.656 acres, and 0.655 acres being more
particularly described by the metes and bounds description and depiction set
forth in Exhibit 'A B, C, and D" to this Resolution, which I incorporate in full into
my Motion. Council Member Toten seconded. Motion carried 7-0.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS,
FINDING THAT A PUBLIC NECESSITY EXISTS FOR ACQUISITION OF
PERMANENT RIGHT OF WAY AND A TEMPORARY CONSTRUCTION
EASEMENT, AND A PERMANENT SANITARY SEWER LINE EASEMENT AND
A TEMPORARY CONSTRUCTION EASEMENT ON AND UNDER REAL
PROPERTY LOCATED IN THE P BURNS SURVEY, ABSTRACT A0100;
AUTHORIZING THE CITY MANAGER, STAFF, CONTRACTORS, AND THE
CITY'S ATTORNEYS TO ACQUIRE SAID EASEMENTS BY ANY LAWFUL
MEANS, INCLUDING BUT NOT LIMITED TO NEGOTIATIONS, AND, IF
NECESSARY, PROCEEDINGS IN EMINENT DOMAIN; PROVIDING AN
EFFECTIVE DATE.
e. Consider/Discuss/Action on a Resolution accepting the FY2024 Audit. (Finance
Director Aimee Rae Ferguson)
Forvis Mazars, LLP has been contracted by the City for auditing services in
compliance with the City's charter and State law. The City's independent auditor,
Forvis Mazars, LLP, was selected via Request for Proposal (RFP) process
conducted in 2024, securing a five-year contract term for their services. The
current year marks the first year of the City's five-year engagement with Forvis
Mazars, LLP.
MOTION: Mayor Pro Tern Carver moved to approve. Council Member Herndon
seconded. Motion carried 7-0.
A RESOLUTION ACCEPTING THE FISCAL YEAR 2024 FINANCIAL AUDIT OF
THE CITY OF ANNA.
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). 53rd District Court, Travis County, Texas, Cause No. D-1-GN-23-
007785, City of Grand Prairie, et al. v. State of Texas, et al.; Emergency Services
District
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: Council Member Toten moved to enter closed session. Mayor Cain
seconded. Motion carried 7-0.
Mayor Cain recessed the meeting at 9:06 PM.
Mayor Cain reconvened the meeting at 9:52 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.
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 Cain adjourned the meeting at 9:52 PM.
APPROVED this 'llay of 1 _, 2025
Mayor Pete Cain
ATTEST:
d
City Secretary Carrie L. L nd