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HomeMy WebLinkAbout2025-06-24 Regular Meeting MinutesRegular City Council Meeting Meeting Minutes {- I-l.: 0 Anna Tuesday, June 24, 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, June 24, 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 Kelly Herndon Council Member Manny Singh Members Absent: Council Member Jody Bills 2. Invocation and Pledge of Allegiance. Mayor Pro Tern Carver led the Invocation and Pledge of Allegiance. 3. Neighbor Comments. Mr. Luscombe submitted his support of Item 7.d., Surdukan Development Plat. Mr. Surdukan spoke in support on Item 7.d., Surdukan Development Plat. 4. Reports. a. City Secretary to Administer the Oath of Office to newly elected Council Member Nathan Bryan, Place 2. (City Secretary Carrie Land) City Secretary Carrie Land administered the Oath of Office to newly elected Council Member Place 2, Nathan Bryan. Council Member Bryan took his seat at the dais. b. CDC/EDC Annual Developers' Forum (Assistant Director of Economic Development Natasha Roach) Assistant Director of Economic Development Natasha Roach reported on the EDC Forum to be held on July 17, 2025, starting at 8:00 a.m. at the Anna Municipal Complex. 5. Work Session. a. Provide a presentation of the City of Anna 2025-2026 Strategic Work Plan (Assistant City Manager Taylor Lough) Assistant City Manager Taylor Lough provided Council with an update on the 2025-2026 Strategic Work Plan. b. Provide a presentation on the City of Anna HFC/PFCs (Director of Economic Development Bernie Parker) Director of Economic Development Parker introduced Mr. Tim Nelson of Hilltop Securities, and Ryan Bowen of Chapman and Cutler, who made a presentation on the HFC/PFC program and projects. The Anna Housing Finance Corporation (AHFC) was created in 2021 by the City of Anna and operates pursuant to Chapter 394, Local Government Code, as amended. The AHFC plays a key role in the financing of affordable rental housing developments in the City through the issuance of tax-exempt private activity bonds that are typically also financed with the Low -Income Housing Tax Credits (LIHTCs). The primary function of the AHFC is to issue single-family and multi- family bonds for the financing of reasonably priced housing. The Anna Public Facility Corporation (APFC) was created in 2021 by the City of Anna and operates pursuant to Chapter 303, Local Government Code, for the purpose of assisting the City in financing, refinancing, or providing public facilities. The APFC provides for the acquisition, construction, rehabilitation, renovation, repair, and furnishings of public facilities in the City. The APFC may also serve as an additional bond issuer to significantly expand its access to private activity bond cap for financing affordable housing in the City of Anna. 6. Consent Items. Council Member Herndon requested Items b. and e. be removed from the Consent Agenda. MOTION: Council Member Toten moved to approve Consent Items a, c and d. Council Member Herndon seconded. Motion carried 7-0. a. Approve City Council Meeting Minutes for June 10, 2025, and June 17, 2025. (City Secretary Carrie Land) b. Review Monthly Financial Report for the Month Ending May 31, 2025. (Budget Manager Terri Doby) The City of Anna's financial policies require the publication of a monthly financial report. 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. MOTION: Council Member Herndon moved to approve. Council Member Toten seconded. Motion carried 7-0. c. Approve of a Resolution awarding the Riggins Street Pavement & Drainage Improvements project to Ratliff Hardscape, Ltd.(CIP Manager Muhamad Madhat) d. Approve a Resolution authorizing the City Manager to execute a Wholesale Wastewater Contract by and between the City of Anna, Texas and the City of Van Alstyne, Texas. (Assistant City Manager Greg Peters, P.E.) e. Approve a Third Amendment to Sherley Tract Subdivision Improvement Agreement (City Manager Ryan Henderson) The Third Amendment to the Original Agreement proposes two substantive changes: 1. Deletion of Section 5.9: The amendment removes the Developer's obligation to construct the restaurant, water feature, and associated non-residential improvements. With the deletion of Section 5.9, the City acknowledges it will not withhold efforts to levy assessments or issue bonds on the basis of the Developer's previous commitments under that section. 2. Expansion of Roadway Obligations: In exchange for the removal of Section 5.9 requirements, the Developer agrees to undertake the construction of additional public infrastructure, specifically two (2) lanes of Standridge Boulevard from Stockport to Rosamond (the "Additional Standridge Roadway Improvements"), to be completed within twelve (12) months following City approval of engineering plans. MOTION: Council Member Herndon moved to approve. Council Member Toten seconded. Motion carried 7-0. 7. Items For Individual Consideration and Public Hearings. a. Conduct a Public Hearing/Consider/Discuss/Action on an Ordinance regarding 703 E. White Street Zoning (ZONE 25-0002) (Planning Manager Lauren Mecke) A request to rezone one lot on 4.2± acres on the north side of E. White Street, 500± feet east of Smith Street, from Single -Family Estate (SF-E) to Regional Commercial (C-2). CASE OVERVIEW The property currently has a single-family detached dwelling on it. The property owner requested to rezone the property for commercial uses. Staff mailed public hearing notices to surrounding property owners in accordance with state law. To date, staff have not received responses to the notifications. Direction Land Use Zoning Comprehensive Plan North Single -Family Home AG Suburban Living !East Single -Family Home SF-1 Suburban Living South Single -Family Homes SF-Z/SF-60/SF- Urban Living and Vacant 72/C-2 (Ord. No. Commercial lot 1027-2023-01) !West Single -Family Home SF-1 Suburban Living COMPATIBILITY CONSIDERATIONS Future Land Use Plan (FLUP): Suburban Living (SL) Suburban Living neighborhoods consist predominantly of single-family housing on detached lots. Home sites are in platted subdivisions with connections to public utilities, residential streets and sidewalks, open space, parks and amenities. This PlaceType is found near neighborhood commercial and commercial centers. Suburban living provides the population necessary to support the nearby commercial and professional office uses within the surrounding corridors. Residential uses are typically self-contained with a buffer from non-residential developments through transitional uses and landscaped areas. Lot sizes in Suburban Living are typically less than 1 acre. Primary Land Use: Single-family detached homes, parks and open spaces, neighborhood -serving amenities. Secondary Land Use: Civic and institutional uses Downtown Master Plan: Transitional Development within the Downtown Neighborhood District The following primary building types are appropriate in the Transitional Development areas: Mixed -use, office, storefront retail, restaurants, urban attached residential, detached residential, cottage residential. Thoroughfare Plan: Major Arterial E. White Street (Farm -to -Market 455) is a Texas Department of Transportation (TXDOT) right-of-way CONCLUSION The purpose of the Regional Commercial (C-2) District zoning is for the development of larger retail and office uses along Major Arterials to service the greater region. Although C-2 District zoning would typically not be appropriate within the Suburban Living classification, the property's location is on the fringe of the Downtown Neighborhood District along a Major Arterial road and therefore conforms to the Comprehensive Plan. At the June 2, 2025 Planning & Zoning Commission Meeting, the Commission voted 5-0 (unanimous) to recommend approval to the City Council. Mayor Cain opened the public hearing at 7:16 PM No comments were made. Mayor Cain closed the public hearing at 7:16 PM. MOTION: Mayor Pro Tern Carver moved to approve. Council Member Herndon 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 located on the north side of E. White Street, 500± feet east of Smith Street) b. Conduct a Public Hearing/Consider/Discuss/Action on an Ordinance regarding The Villages at Waters Creek Planned Development (PD 25-0002) (Planning Manager Lauren Mecke) HISTORY 2020 - City Council approved a repeal of previous Planned Developments under Ordinance No. 129A-2004 and Ordinance No. 667-2014 and replaced them with the Villages of Waters Creek Planned Development (Ordinance No. 861-2020). 2022 - City Council approved an amendment to the Planned Development (Ordinance No. 978-2022) to increase the size of the MF-2 Multiple -Family - High Density (MF-2) tract. 2025 - City Council approved a Dedication and Park Fee Agreement for 12.6± acres within the Planned Development for parkland dedication of Carol Park. CASE OVERVIEW The property owner requested an amendment to the existing Planned Development zoning. A concept plan is associated with this request and is attached as Exhibit B. Staff mailed public hearing notices to surrounding property owners in accordance with state law. To date, staff have not received responses to the notifications. Additionally, the applicant contacted the neighbors prior to the staff notice. (Direction Land Use ';North Single -Family Residential Homes East Single -Family Residential Homes, Auto Repair - Light, and Self -Storage (Mini - Warehouse) 'South Single -Family Residential Homes (West Retail Store and Multifamily Zoning R-1 (Ord. No. 2001-10) S F-6.0/C-2 (Ord. No. 2000- 15)(Ord. No. 547- 2011) Comprehensive Plan Suburban Living Community Commercial, Manufacturing and Warehouse, and Suburban Living SF-6.0 Suburban Living (Ord. No. 50-2003) C-2/MF-2 Urban Living and (Ord. No. 978-2022)Community Commercial COMPATIBILITY CONSIDERATIONS Future Land Use Plan (FLUP): Community Commercial (CC) and Urban Living (UL) Community Commercial development is typically characterized by small, freestanding buildings containing one or more businesses. Unlike larger shopping centers that may attract regional customers, Community Commercial developments primarily provide services for residents of surrounding neighborhoods. Business types may include restaurants, local retail, medical offices, banks and other retail and services. Urban Living are high density neighborhoods that support a variety of different housing types in a walkable development pattern. Urban neighborhoods are composed of a relatively compact network of streets that are easy to navigate by car, bike or on foot. They may contain one or more of the following housing types: Small lot, single-family detached, townhomes, duplexes, condominiums or apartments. In an urban neighborhood, housing is located within proximity to local retail and services that serve residents and surrounding neighborhoods. This PlaceType typically includes a higher intensity of uses developed in an urbane style that is supported by nodes of activity. Thoroughfare Plan: Major Arterial (W. White Street) Physical Features of the Site: The southeastern corner of the property contains a significant grade change between the site and Oak Hollow, Phase 4 to the east. A portion (12.6± acres) of the Planned Development on the west side of Persimmon Drive was deeded as parkland earlier this year. A Hike & Bike trail meanders through the park and will connect to the commercial tract along W. White Street. AMENDMENT The applicant requested the following • Rezone the frontage along W. White Street from Local Commercial (C-1) to Regional Commercial (C-2) to allow for three restaurant tracts and a tract with a retail building, a childcare building and an auto repair/oil change building. • Maintain Tract 5 as Regional Commercial (C-2) to accommodate four office buildings; The current planned development zoning allows 90 single-family detached dwellings on 6,000-square-foot lots on Tracts 6 and 7. This request modifies the existing concept plan by: • Rezoning the northern part of the Single -Family Residential (SF-6.0) tract to Regional Commercial (C-2) to accommodate five, 1-story flex space/office buildings (shown as Tract 6 on the Concept Plan). • Rezoning the southern part of the Single -Family Residential (SF-6.0) tract to Mixed Density Residential District (MD) to accommodate 93 two-story single- family attached dwelling units. (Shown as Tract 7 on the Concept Plan). CONCLUSION The request is in conformance with the Comprehensive Plan, increasing the commercial footprint of the site, and increasing the single-family residential component by three units. At the June 2, 2025, Planning & Zoning Commission Meeting, the Commission voted 5-0 (unanimous) to recommend approval to the City Council. Mayor Cain opened the public hearing at 7:19 PM. No comments were made. Mayor Cain closed the public hearing at 7:20 PM. MOTION: Council Member Toten moved to approve. Deputy Mayor Pro Tern Baker seconded. Motion carried 7-0. AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY'S 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. (Villages of Waters Creek; located on the south side of W. White Street, 1,315± feet west of Oak Hollow Lane) C. Conduct a Public Hearing/Consider/Discuss/Action on an Ordinance regarding The Post at Anna Zoning (PD 25-0003) (Director of Development Services Stephanie Scott -Sims) At its meeting on June 2, 2025, the Planning & Zoning Commission voted to recommend approval of the rezoning request subject to the following conditions: (1) On the hotel lot, limit the maximum building height to 70 feet. (2) On the restaurant/QSRs/convenience store commercial lots (Lots 1-3 and 5- 7), limit the maximum building height to 25 feet, as allowed in the Local Commercial (C-1) Zoning District. (3) The Multi -Family lot must meet the Multi -Family Open Space requirements set forth in the Zoning Ordinance. Staff recommended approval subject to the Planning & Zoning Commission's conditions. Mayor Cain opened the public hearing at 7:33 PM. Mayor Cain closed the public hearing at 7:37 PM. MOTION: Mayor Pro Tern Carver moved to deny. Council Member Toten seconded. Motion carried 6-1. Council Member Herndon opposed. d. Consider/Discuss/Action on a Resolution regarding the Planning & Zoning Commission's denial of the Development Plat for Surdukan City, Block A, Lot 1 (DP 25-0002) and the applicant's requests for waivers of certain subdivision regulations (City Manager Ryan Henderson) 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 requested an appeal of the Planning & Zoning Commission's denial of a Development Plat, and its recommendation of denial of the applicant's associated requests for four waivers from Article 9.02 Subdivision Regulations. At the May 27, 2025, Council Meeting, staff presented the Council with a Resolution for denial of the applicant's requests. City Council directed staff to bring this item back to the June 10, 2025, Council Meeting. During the June 10, 2025, meeting, there was further discussion but no action was taken. At its meeting on May 5, 2025, the Planning & Zoning 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. MOTION: Deputy Mayor Pro Tem Baker moved to deny the applicant's request for four waivers. Council Member Singh seconded. Motion carried 4-3. Council Member Bryan, Council Member Toten, and Mayor Cain opposed. e. Consider/Discuss/Action on appointing a Mayor Pro Tem. (City Secretary Carrie Land) MOTION: Council Member Bryan moved to appoint Kevin Toten as Mayor Pro Tem. Mayor Cain seconded. Motion Failed 3-3-1. Mayor Pro Tem Carver, Council Member Herndon, and Deputy Mayor Pro Tem Baker opposed. Council Member Singh abstained. MOTION: Council Member Singh moved to appoint Kelly Herndon as Mayor Pro Tem. Deputy Mayor Pro Tem Baker seconded. Motion Failed 3-3-1. Council Member Toten, Mayor Pro Tem Carver, and Mayor Cain opposed. Council Member Bryan abstained. MOTION: Council Member Toten moved to enter closed session. Mayor Pro Tem Carver seconded. Motion carried 7-0. Mayor Cain recessed the meeting at 7:59 PM. Mayor Cain reconvened the meeting at 8:23 PM. MOTION: Council Member Bryan moved to appoint Kevin Toten as Mayor Pro Tem. Mayor Cain seconded. Motion carried 4-2-1. Mayor Pro Tem Carver and Council Member Herndon opposed. Council Member Singh abstained. Consider/Discuss/Action on appointing a Deputy Mayor Pro Tem. (City Secretary Carrie Land) MOTION: Council Member Toten moved to appoint Stan Carver as Deputy Mayor Pro Tem. Mayor Cain seconded. Motion carried 5-2. Deputy Mayor Pro Tem Baker and Council Member Singh opposed. 8. Closed Session (Exceptions). Under Tex. Gov't Code Chapter 551, the City Council may enter into Closed Session to discuss any items listed or referenced on this Agenda under the following exceptions: a. Consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071). b. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072). C. Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code §551.087). d. Discuss or deliberate personnel matters (Tex. Gov't Code §551.074). City Council, City Manager. MOTION: Deputy Mayor Pro Tem Baker moved to enter closed session. Council Member Bryan seconded. Motion carried 7-0. Mayor Cain recessed the meeting at 8:25 PM. Mayor Cain reconvened the meeting at 9:28 PM. 9. Consider/Discuss/Action on any items listed on any agenda - work session, regular meeting, or closed session - that is duly posted by the City of Anna for any City Council meeting occurring on the same date as the meeting noticed in this agenda. MOTION: Deputy Mayor Pro Tem Baker moved to approve the City Attorney's selection of Katherine Clifton from Gannaway & Clifton to provide legal services to the City in regards to personnel matters. Council Member Sing seconded. Motion carried 7-0. MOTION: Council Member Singh moved to approve an amendment to the City Manager's contract. Deputy Mayor Pro Tern Baker seconded. Motion carried 5- 2. Council Member Toten and Mayor Cain opposed. 10. Adjourn. Mayor Cain adjourned the meeting at 9:30 PM. APPROVED this day of 2025 ATTEST: �4, �7fa,,Zz , City Secretary Carrie L. Lan