HomeMy WebLinkAbout2022-04-12 Regular Meeting MinutesTHE CITY OF
Anna
Regular City Council Meeting
Meeting Minutes
Tuesday, April 12, 2022 @ 6:30 PM
Anna ISD Board Room
201 E. 7th Street
Anna, Texas, 75409
The City Council of the City of Anna met at 6:30 PM, on April 12, 2022, at the Anna ISD Board
Room located at 201 E. 7th Street, Anna, Texas, 75409, to consider the following items.
1. Call to Order, Roll Call, and Establishment of Quorum.
Mayor Pike called the meeting to order at 6:30 PM.
All City Council Members were present.
2. Invocation and Pledge of Allegiance.
Mayor Pike led the Invocation and Pledge of Allegiance.
3. Neighbor Comments.
Glenn Brown, neighbor of Anna Town Square, addressed the City Council
regarding his inal displeasure at being informed of the development of Serenity
at the Square (a multi -family residence) in Anna Town Square, but expressed
his appreciation to Mayor Pike, Director of Development Services Altobelli, and
Planning Manager Mecke for their responsiveness and courtesy to his inquiries.
Mr. Brown expressed 1) his beliefs that the City Council should have high
standards with regard to establishing and maintaining zoning standards and
developments; and 2) his appreciation to the developers (Anna Town Square
Partners I, LLC) for working with the neighbors to incorporate requested
changes to the Concept Plan for Serenity at the Square.
Tana Brown, neighbor of Anna Town Square, addressed the City Council
regarding Serenity at the Square multi -family residence, noting that while she is
not in favor of multi -family residential in her neighborhood, she is appreciative of
the time and effort the developers have put into working with the neighbors.
Mrs. Brown requested that the City Council work with developers and neighbors
of Anna Town Square to develop a plan to expedite safe and efficient
infrastructure to manage vehicular and pedestrian traffic by connecting
Leonard Avenue to White Street or the Collin County Outer Loop. Mrs. Brown
expressed her displeasure that developers/builders are showing neighbors
(new homebuyers) plans for Anna Town Square that are not the updated plans
providing for multi -family residential.
4.
Elaine HOlthe, neighbor of Anna Town Square, addressed the City Council
relative to her concern with the new construction in Anna Town Square and the
safety of their children and expressed her appreciation to the developers of
Serenity at the Square for listening to the neighbors' concerns.
Stephanie Dingle, neighbor of Anna Town Square, addressed the City Council
regarding the offer of the developers of Anna Town Square and Serenity at the
Square joining forces with the City and developers of other apartments to create
a plan to expedite safe and efficient infrastructure to manage pedestrian traffic,
specifically the safety of school children.
Reports.
a. Fire Department Introduction of Division Chief -EMS and Training. (Fire Chief
Ray Isom)
This item was postponed to a future meeting.
b. Recognize Finance Director for achieving recognition as a Certified Government
Finance Officer with the Government Finance Officers Association of Texas.
(City Manager Jim Proce)
The Certified Government Finance Officer (CGFO) program is sponsored by the
Government Finance Officers Association of Texas (GFOAT), an affiliate of the
Texas Municipal League. GFOAT is a professional organization with more than
1000 members across the state. The CGFO program is designed to establish a
threshold of knowledge about a broad array of government finance topics and
terminology. It takes experience into consideration and recognizes that a
combination of knowledge and experience can set apart those in the profession
who desire to demonstrate a level of competency. This threshold is measured by
a point system that gives credit for academic education, experience,
professional leadership and successful passage of examinations on a variety of
governmental finance topics.
The CGFO program is intended to encourage a level of knowledge and
professionalism in the field of government finance. It is also intended to
encourage development and maintenance of professional competence for
practicing governmental finance officers.
City Manager Proce recognized Finance Director Alan Guard for this
outstanding achievement.
c. Recognition for receipt of the Distinguished Budget Presentation Award from
the Government Finance Officers Association (GFOA) for the current fiscal
period. (City Manager Jim Proce)
The award represents a significant achievement by the entity. It reflects the
commitment of the governing body and staff to meeting the highest principles of
governmental budgeting. In order to receive the budget award, the entity had to
satisfy nationally recognized guidelines for effective budget presentation. These
guidelines are designed to assess how well an entity's budget serves as:
❑ a policy document
❑ a financial plan
an operations guide
❑ a communications device
Budget documents must be rated "proficient" in all four categories, and in the
fourteen mandatory criteria within those categories, to receive the award.
There are over 1,700 participants in the Budget Awards Program. The most
recent Budget Award recipients, along with their corresponding budget
documents, are posted quarterly on GFOA's website. Award recipients have
pioneered efforts to improve the quality of budgeting and provide an excellent
example for other governments throughout North America.
Government Finance Officers Association (GFOA) advances excellence in
government finance by providing best practices, professional development,
resources and practical research for more than 21,000 members and the
communities they serve.
City Manager Proce recognized Budget Manager Terri Doby for this outstanding
achievement.
d. Telephone Town Hall Report. (Mayor Pro Tem Lee Miller)
Mayor Pro Tem Lee Miller provided a debriefing on the March 24, 2022,
Telephone Town Hall Meeting regarding Economic Development.
Mayor Pike addressed the concern of children walking to school and requested
that the City partner with Anna ISD to discuss the matter of crosswalks in all
locations in the Anna community.
5. Work Session.
a. Visit from County Commissioner Darrell Hale. (City Manager Jim Proce)
Commissioner Hale visited to meet with the Council to discuss various updates
and opportunities. The City Council and staff were desirous to foster positive
relationships with the County for mutual outcomes for our neighbors.
b. Presentation on the Texas Power Switch. (Assistant City Manager Ryan
Henderson)
The Texas Power Switch is an independent group -switching program. The group
helps Texans .lower their electricity bills by bringing neighbors together to
negotiate a better electricity rate. Interested participants register for free, without
obligation. A reverse auction is organized where the provider who can offer the
lowest rate, wins. All the winning plans are simple, fixed-rate plans, 100%
renewable with no hidden fees.
The Texas Power Switch then offers the winning plans to their participants, who
can decide whether they'd like to accept or decline the offers. If they choose to
accept, the group takes care of the switch.
The goal of this item is to present the program and for the Council to determine
whether or not they would wish to participate and partner with the Texas Power
Switch.
Fred Wu, Manager Customer Outreach, and Kelle Balch, Director Community
Relations, presented.
c. Presentation on Multiple -Family Residence, Serenity at the Square. (Director of
Development Services Ross Altobelli)
Sahil Kurji, Anna Town Square Partners, LLC, provided a brief overview and
update on their proposed multiple -family residence development and discussed
concerns associated with the existing/proposed zoning within Anna Town
Square.
d. Update from Lee Lewis on the construction of City Hall. (Director of Public
Works Greg Peters, P.E.)
Lee Lewis representative Bob Fullington gave a brief update on the new
City Hall project.
6. Consent Items.
MOTION: Council Member Miller moved to approve Consent Items a. - m.
Council Member Toten seconded. Motion carried 7-0.
a. Approve City Council Meeting Minutes for March 22, 2022, Meeting.
(City Secretary Carrie Land)
b. Review Boards and Commissions attendance for January 2022 through
March 2022. (City Secretary Carrie Land)
c. Review minutes of the March 7, 2022, Planning &Zoning Commission Meeting.
(Director of Development Services Ross Altobelli)
d. Approve a Resolution authorizing the City Manager to execute a renewal of a
lease agreement for the placement of antennae on the existing City of Anna
water tower at 3333 N. Powell Parkway by and between the City of Anna, Texas
and Rise Broadband. (Director of Public Works Greg Peters, P.E.)
Rise Broadband requested lease space on the City of Anna water tower located
on the north side of the Anna Public Works property last year. Staff coordinated
the contractual negotiation process with the City Attorney to prepare a formal
agreement. Staff also worked with Rise Broadband to negotiate a proposed
monthly lease rate of $2,150.00 per month. In addition, Rise Broadband agrees
to provide the City of Anna with wireless internet service in up to three locations
of the City's choosing at no cost.
The final agreement represents eight months of discussion and negotiation. As
such, staff feels that this is the best possible financial agreement the City can
achieve in the lease partnership. The lease space will allow Rise Broadband to
continue to provide Anna neighbors with access to telecommunications data,
including internet service.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND
AUTHORIZING THE CITY MANAGER TO EXECUTE A TOWER LEASE
AGREEMENT BY AND BETWEEN THE CITY OF ANNA, TEXAS, AND
SKYBEAM, LLC, A COLORADO LIMITED LIABILITY CORPORATION DOING
BUSINESS AS RISE BROADBAND, IN A FORM APPROVED BY THE CITY
ATTORNEY, AS SHOWN IN EXHIBIT "A" ATTACHED HERETO, AND
PROVIDING FOR AN EFFECTIVE DATE.
e. Approve a Resolution authorizing the City Manager to execute an Impact Fee
Reimbursement Agreement with Pulte Homes for Roadway and Water system
improvements in Anna Crossing Phase 8. (Director of Public Works Greg
Peters, P.E.)
Pulte Homes of Texas, LP is seeking to develop Phase 8 of Anna Crossing
Subdivision with single family homes. As a part of the project, they will be
constructing the following improvements:
• 1,772 linear feet of 2 lanes of concrete road in Leonard Avenue north of Finley
Boulevard
• 610 linear feet of 2 lanes of concrete road in Finley Boulevard east of Leonard
Avenue
• A 12" water main extension along both Leonard Avenue and Finley Boulevard
In accordance with prior Subdivision Improvement Agreements and Impact Fee
Credit Agreements with the master developer, a significant portion of the
roadway impact fees collected from Anna Crossing Phase 8 will be paid to the
master developer for previous roadway improvements. The remaining roadway
impact fees will be paid to Pulte Homes of Texas, LP.
Pulte Homes has commenced construction of the project and anticipates
commencing construction of the roadway and water line improvements by the
end of the year, as listed in the agreement.
This agreement is in line with the City Council's strategic goal of growth paying
for growth. Staff recommends approval of the agreement, as it helps the City to
extend two important major roadways to the north and east.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND
AUTHORIZING THE CITY MANAGER TO EXECUTE A WATER AND
ROADWAY IMPACT FEE REIMBURSEMENT AGREEMENT BY AND
BETWEEN THE CITY OF ANNA, TEXAS AND PULTE HOMES OF
TEXAS, LP, A TEXAS LIMITED PARTNERSHIP, FOR PUBLIC
IMPROVEMENTS PERTAINING TO PHASE 8 OF ANNA CROSING
SUBDIVISION, AS SHOWN IN EXHIBIT "A" ATTACHED HERETO, AND
PROVIDING FOR AN EFFECTIVE DATE.
f. Approve a Resolution allocating $3, I V,789.23 in Coronavirus State and Local
Fiscal Recovery Program funds toward the rehabilitation of water and
wastewater infrastructure in Downtown Anna as a Capital Improvement Project.
(Director of Public Works Greg Peters, P.E.)
The City of Anna will receive nearly $3.8M in funding from the federal
government through the Coronavirus State and Local Fiscal Recovery
Funds (SLFRF) program. This funding may be used for specific uses in
the community. One of the approved uses is for the rehabilitation of
public water and sewer mains.
The attached resolution is being recommended for approval as a formal
document identifying the City's proposed use of the funds for utility
rehabilitation. This will assist the Finance Department in setting the
project and having the necessary documents to demonstrate to the
federal government that the funding will be used appropriately and within
the guidelines set forth for the use of the SLFRF funding.
There is another item on this agenda which will approve the necessary
engineering analysis and design work associated with the project.
A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE
USE OF THE CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY
FUNDS FOR REHABILITATION OF WATER AND SANITARY SEWER
MAINS IN THE DOWNTOWN AREA OF THE CITY OF ANNA, TEXAS,
AND PROVIDING FOR AN EFFECTIVE DATE.
g. Approve a Resolution accepting a partial release of a Subdivision Improvement
Agreement by and between Anna Crossing AMC, Ltd., and Anna Town Center
No. 1 thru No. 7 and 40 PGE, Ltd. (Director of Public Works Greg Peters, P.E.)
The master developer has reached an agreement with Anna Crossing
AMC, Ltd. to partially release them from existing agreements by and
between the City of Anna and the master developer for improvements
within the Anna Crossing subdivision.
Approval of this item will not reduce the obligations of the master
developer and future developers to complete public improvements
associated with the Anna Crossing neighborhood. The partial release is
specifically being done to allow Anna Crossing AMC, Ltd. to be
reimbursed roadway impact fees which the City will collect from their
project for roadway improvements they plan to make, instead of the
roadway impact fees being reimbursed to the master developer.
This item has been reviewed by the City Attorney and City staff. Staff
finds no negative impact to the City of Anna, as all required public
improvements will still be constructed with adjacent development as
required by the City.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND
AUTHORIZING THE CITY MANAGER TO EXECUTE A PARTIAL
RELEASE OF A SUBDIVISION IMPROVEMENT AGREEMENT IN A FORM
APPROVED BY THE CITY ATTORNEY, AS SHOWN IN EXHIBIT "A"
ATTACHED HERETO, AND PROVIDING FOR AN EFFECTIVE DATE.
h. Approve a Resolution regarding the Martinez Manor, Block A, Lot 1,
Development Plat. (Director of Development Services Ross Altobelli)
Single-family residence and 3 accessory buildings on one lot on 5.0±
acres located on the north side of Grasshopper Lane, 1,095± feet west of
County Road 376. Located within the Extraterritorial Jurisdiction (ETJ).
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING MARTINEZ
MANOR, BLOCK A, LOT 1, DEVELOPMENT PLAT
Approve a Resolution regarding the Anna Ranch, Phase 1 B, Final Plat.
(Director of Development Services Ross Altobelli)
83 Single-family dwelling, detached lots and 5 common area lots on 25.4±
acres located on the east side of Leonard Avenue, 985± feet south of
Sharp Street. Zoned: Planned Development -Single -Family Residence-60
(Ord. No. 323-2007).
The purpose of the final plat is to dedicate rights -of -way, lot and block
boundaries, and easements necessary for the single-family residential
development.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING ANNA
RANCH, PHASE 1B, FINAL PLAT.
j. Approve a Resolution regarding the Coyote Meadows, Phase 1A, Final Plat.
(Director of Development Services Ross Altobelli)
Al
Single-family dwelling, detached lots, 103 single-family dwelling, attached
lots, and 5 common area lots on 41.7± acres located on the south side of
Rosamond Parkway, 245± feet east of State Highway 5. Zoned: Planned
Development -Single -Family Residence-60/Single-Family Residence — Zero Lot
Line Homes/Townhome District (PD-SF-60/SF-Z/SF-TH) (Ord. No. 957-2022).
The purpose of the final plat is to dedicate rights -of -way, lot and block
boundaries, and easements necessary for the single-family residential
development.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING CITY OF
COYOTE MEADOWS, PHASE 1A, FINAL PLAT.
k. Approve a Resolution regarding the Arden Park, Preliminary Plat. (Director of
Development Services Ross Altobelli)
88 single-family dwelling, detached lots, 53 single-family dwelling, attached lots,
5 common area lots, and 2 restricted commercial lots on 28.0± acres located at
the southwest corner of W. White Street and Slater Creek Road. Zoned: C-1
Restricted Commercial (C-1), SF-Z Single -Family Residence District — Zero Lot
Line Homes (SF-Z), and Planned Development-SF-TH Townhome District (PD-
SF-TH) (Ord. No. 961-2022).
The purpose for the Preliminary Plat is to propose rights -of -way, lot and block
boundaries, and easements necessary for the creation of a single-family,
detached and attached, residential development and restricted commercial
development.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING ARDEN
PARK, PRELIMINARY PLAT.
I. Approve a Resolution regarding the Canvas at Anna, Block A, Lot 1, Preliminary
Plat. (Director of Development Services Ross Altobelli)
One multiple -family dwelling lot on 17.5± acres located at the northwest corner
of E. Foster Crossing and Leonard Avenue. Located in the Extraterritorial
Jurisdiction.
The purpose for the Preliminary Plat is to propose rights -of -way, lot and block
boundaries, and easements necessary for the creation of a multiple- family
residential development.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING CANVAS AT
ANNA, BLOCK A, LOT 1, PRELIMINARY PLAT.
m. Approve a Resolution authorizing the City Manager to execute a contract (with
twoI one year options for renewal) with Pyro Shows of Texas for the 2022-2024
Independence Day Celebration (Boots and Booms) and Christmas Tree Lighting
Firework shows. (Director of Neighborhood Services Marc Marchand)
Included in the bid are the following: A high aerial fireworks show that will take
place at Slayter Creek Park, 425 W Rosamond Pkwy, on June 25, 2022, at
approximately 9:30 PM as part of an Independence Day (Boots and Booms)
celebration. The show will be 18 minutes in length and choreographed to
patriotic/American music.
A low aerial fireworks show that will take place at the tentative location of Sherley
Heritage Park, 101 S Sherley Ave, on December 3, 2022, at approximately 6:00
PM as part of a Christmas tree -lighting event. The show will be 8 minutes in length
and choreographed to Christmas music.
For both shows, the bidder will be responsible for the soundtrack as well as
complete fireworks setup and show execution. Bidder is also responsible for
obtaining all required permits, general liability, and automobile insurance. All
pyrotechnician labor shall be performed by trained, insured and licensed
technicians and workers' compensation insurance provided as required by state
and federal law. The execution of the show must be BATFE and FAA compliant.
Bidder must meet with City safety officials prior to the event as necessary.
This is a one-year contract with two one-year renewal options.
The recommended awardee of the bid is Pyro Shows of Texas out of Fort Worth,
TX with a bid of $1111000, if all renewal options are exercised. The bids from the
two remaining bidders were $99,000 and $103,800. Pyro Shows of Texas was the
best value of bidders. When applying the following weighted criteria, Pyro Shows
scored 94 out of 100 while the two remaining bidders scored 82.1 and 71.6. The
criteria are as follows: price of the contract (50%), shell count (25%), experience
of the bidder with similar work (15%) and history of the bidder with the city (10%).
The Price of the Contract criteria was calculated by awarding the 50 total points to
the lowest bidder and taking the percentage difference from the lowest bid and
applying the percentage difference to the 50 total criteria points for the remaining
bidders (i.e. $111,000 is a difference of 12.1% ($12,000) from the lowest bid
amount of $99,000, The 50 total possible criteria points is then multiplied by the
difference of 12.1 % to receive a score of 44 criteria points.
Price of Contract Criteria
Price
Difference from Lowest
Difference from the lowest
bidder
difference deducted from
criteria % (50)
Pyro Shows Bidder B Bidder C
$111,000.00 $103,800,00 $997000.00
$ 123000600 $ 4,800.00 $
44 47.6 50.0
Using the same application as the "Contract Price" criteria, the "Shell Count
Criteria" was calculated by awarding the bidder with the highest shell count and
taking the percentage difference from the highest shell count bid and applying the
percentage difference to the 25 total criteria points for the remaining bidders.
Shell Count Criteria
Shell Count
Difference from Highest
Difference from Highest
deducted from criteria % (25)
Pyro Shows Bidder B Bidder C
4930 0* 1592
0 4930 3338
0 100% 67.7%
25 0 8.1
*Note: Bidder B did not provide a shell count as "due to widespread industry
manipulation of firework shell counts as well as their relative insignificance to
overall display quality, "Bidder B" Fireworks does not produce shell counts until
the show design is complete."
For the "Experience of the Bidder with Similar Work Criteria", all three bidders
received the maximum score of 15 as they all displayed similar and comparable
experience.
For the "History of the Bidder with the City of Anna" criteria, a 1 point deduction
was applied if the experience was with an organization within the city but not the
City of Anna.
Below are the results of each bidders' individual criteria scores and total scores.
Pyro Shows Bidder B Bidder
C
Price (50%) 44 47.6 50.0
Shell Count (250/)
the Bidder with Similar Work15.0
(15%)
History of the Bidder with the City of Anna (10%)10.0
TOTAL SCORE OUT OF 100
A RESOLUTION OF THE CITY OF ANNA, TEXAS, APPROVING A CONTRACT
WITH PYRO SHOWS OF TEXAS FOR A CONTRACT (WITH TWO, ONE YEAR
OPTIONS FOR RENEWAL) FOR THE 2022-2024 INDEPENDENCE DAY
CELEBRATIONS (BOOTS AND BOOMS) AND CHRISTMAS TREE LIGHTHING
FIREWORK SHOWS.
Items For Individual Consideration.
aI Consider/Discuss/Action on an Ordinance establishing a stormwater Utility Fee
foI the City of Anna. (Director of Public Works Greg Peters, P.E.)
50 90 8.
The City of Anna has been working with a consulting engineer to develop the
necessaI analysis and studies to recommend the creation of a stormwater fee
in the City of Anna, Texas, to fund the costs of stormwater management
activities in the City. The proposed fees would only be used on stormwater
maintenance and improvements in the City, including the maintenance of
drainage systems, replacement of undersized and inadequate storm systems,
and the improvement of flood prone areas.
Currently, the City of Anna only has a budget of $20,000/year for stormwater
projects. This does not fund any staff or equipment, and only allows for 1 or 2
very small maintenance projects to be done each year.
Most cities in DFW fund their stormwater programs through a monthly fee which
is included in the water bill.
Staff is proposing a rate of $3.20/month for single family and $10.94/acre/month
for non-residential properties. Staff is also proposing for the rate to not go into
effect until the October billing cycle. The proposed fee would be added to the
monthly utility bills. Undeveloped properties, State and Federal lands, and
properties in the ETJ are exempt from the fee.
Funding the stormwater utility will allow the City to complete many needed
maintenance and improvement projects throughout the City. As more non-
residential development comes into the City, these larger developments would
fund their fair share through the higher rate, as they generate more stormwater
runoff than residential properties.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS,
LEVYING SURFACE WATER DRAINAGE UTILITY SYSTEM CHARGE AND
AMENDING THE ANNA CITY CODE OF ORDINANCES TO ADD A NEW
SECTION A6.015 TO ARTICLE A6.000 (UTILITY FEES), SAID NEW SECTION
ESTABLISHING THE CITY OF ANNA'S DRAINAGE UTILITY SYSTEM
CHARGES; PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEALER AND AN EFFECTIVE DATE.
MOTION: Mayor Pike moved to approve. Council Member Toten seconded.
Motion carried 7-0.
b. Consider/Discuss/Action on an Ordinance creating a stormwater Utility for the
City of Anna. (Director of Public Works Greg Peters, P.E.)
Over the past two years the City of Anna has worked with a consultant to
develop the necessary analysis and engineering studies required to identify the
need for a Stormwater Utility in the City.
In accordance with State Law, the City of Anna has the authority to establish a
stormwater Utility for the City, which is responsible for the improvement and
maintenance of public drainage ways. The attached Ordinance was prepared by
the City Attorney with assistance from City staff. Per the recommendation of the
City Attorney and legal requirements, a copy of the proposed Ordinance was
advertised in the Anna -Melissa Tribune over the past month.
The stormwater Utility Report, prepared by the City's consulting engineer
Birkhoff, Hendricks, &Carter, is attached as Exhibit A. The report includes key
information on the existing and future stormwater systems throughout the City of
Anna, including both natural and man-made drainage ways. This report was
used to confirm the need for a Stormwater Utility, and to help identify the scope
of services the proposed utility will encompass.
Approval of this item will establish a Stormwater Utility, but it does not identify
any funding or fees to fund staff, equipment, or capital projects. A companion
item on this agenda includes the financial and rate structures which staff is
proposing for Council consideration and approval.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS,
AMENDING THE ANNA CITY CODE OF ORDINANCES TO ADD A NEW
ARTICLE 12.09 TO CHAPTER 12 (UTILITIES), SAID NEW ARTICLE
ESTABLISHING THE CITY OF ANNA'S DRAINAGE UTILITY SYSTEM
AND ITS SERVICE AREA; DEDICATING CITY ASSETS TO THE
DRAINAGE UTILITY SYSTEM, AND ADOPTING RELATED
REGULATIONS; PROVIDING FOR EXEMPTIONS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEALER AND AN EFFECTIVE DATE.
MOTION: Council Member Toten moved to approve. Mayor Pike Toten
seconded. Motion carried 7-0.
c. Consider approval of a Resolution authorizing the City Manager to execute a
professional services agreement with Grantham &Associates for engineering
design of the utility rehabilitation of Downtown Anna. (Director of Public Works
Greg Peters, P.E.)
The City of Anna will receive approximately $3.810 in funds from the Federal
government in the form of Coronavirus State and Local Fiscal Recovery Funds
(SLFRF). These funds are required to be spent on specific types of projects due
to the federal source of the money. One of the primary approved uses for the
funding is for the rehabilitation of public water and sewer utilities.
Downtown Anna has many segments of old, undersized water mains which
serve existing homes and businesses. These mains are past their service life
and should be replaced with modern systems which can adequately provide
water and sewer to the area. The re -development of our downtown is a major
strategic goal of the City Council and was identified as a top priority in the City's
Strategic Plan. This project will significantly improve public utilities for existing
Anna Neighbors and businesses downtown and will help to kick-start re-
development of the downtown area.
Staff utilized the list of approved consulting engineering firms for the category of
water and sewer collection & distribution design to select a qualified firm to
complete the analysis and design of this key project. Grantham & Associates
was selected in the category, and has the experience, expertise, and staff
needed to complete the project at a high level.
The City worked with Grantham &Associates to develop a project scope for the
Downtown Anna Utility Rehabilitation project, which is attached to the
Resolution. The anticipated project schedule is attached as an exhibit. In
addition, a downtown plan showing the project area is attached. The exhibit
shows proposed future paving improvements - which require proposed water
and sewer rehabilitation prior to paving taking place. Staff recommends
approval of this item and will work with the consultant to kick the project off if
approved by the City Council.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
FOR PROFESSIONAL SERVICES BY AND BETWEEN THE CITY OF
ANNA, TEXAS AND GRANTHAM & ASSOCIATES FOR THE
DOWNTOWN UTILITY REHABILITATION PROJECT, AS SHOWN IN
EXHIBIT "A" ATTACHED HERETO, AND PROVIDING FOR AN
EFFECTIVE DATE.
MOTION: Council Member Toten moved to approve. Council Member Atchley
seconded. Motion carried 7-0.
d. Consider approval of a Resolution authorizing the City Manager to execute a
contract by and between the City of Anna and Chambers Grove Municipal Utility
District No. 1 for the City of Anna to provide wholesale treatment of residential
wastewater. (Director of Public Works Greg Peters, P.E.)
Chambers Grove Municipal Utility District No. 1 is a newly formed MUD in the
Extraterritorial Jurisdiction of the City of Anna, Texas. The landowner and
developer of the MUD are seeking to enter into an agreement for the City of
Anna to provide wholesale wastewater treatment for the MUD, at the proposed
Hurricane Creek Wastewater Treatment Plant.
Due to the timing of the land purchase and initiation of development, the MUD
has requested the City to move forward with this agreement while the final
wholesale rates are still being determined. City staff will return to the City
Council with final rate recommendations, which will be incorporated into this
contract once approved by the Council.
Staff recommends approval of this item, as the City is actively seeking to provide
a regional solution for wastewater treatment in our area. The attached
agreement meets that goal and allows the City of Anna to partner with the MUD
to spread treatment costs across a larger swath of rate payers.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
FOR WHOLESALE WASTEWATER TREATMENT BY AND BETWEEN
THE CITY OF ANNA, TEXAS AND CHAMBERS GROVE MUNICIPAL
UTILITY DISTRICT NO. 1, IN A FORM APPROVED BY THE CITY
ATTORNEY, AS SHOWN IN EXHIBIT "A" ATTACHED HERETO, AND
PROVIDING FOR AN EFFECTIVE DATE.
MOTION: Council Member Toten moved to approve. Council Member Carver
seconded. Motion carried 7-0.
e. Consider/Discuss/Action on a Resolution entering into a Development
Agreement with Anna 31 Retail, LP, to establish development timelines and
design regulations for a multiple -family residence development on 15.4± acres
located on the east and west sides of Throckmorton Boulevard, 370± feet south
of W. White Street (FM 455). (Director of Development Services Ross Altobelli)
The intent of the development agreement is to ensure the use of high quality,
durable materials for nonresidential and residential development within the City
to create well -designed and attractive architecture. Additionally, the
development agreement includes development deadlines associated with the
construction of the property.
Approving the development agreement in no way puts an obligation on the City
Council to approve the zoning amendment. It only puts in place construction
deadlines and development and design regulations should the decision be made
to approve the zoning amendment request.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A
DEVELOPMENT AGREEMENT WITH ANNA 31 RETAIL, LP, RELATING TO
DEVELOPMENT AND DESIGN REGULATIONS FOR MULTIPLE -FAMILY
RESIDENCE DEVELOPMENT GENERALLY LOCATED ON THE EAST AND
WEST SIDE OF THROCKMORTON BOULEVARD, 370± FEET SOUTH OF
W. WHITE STREET (FM 455).
MOTION: Mayor Pike moved to approve. Council Member Vollmer seconded.
Motion carried 7-0.
f. Conduct a Public Hearing/Consider/Discuss/Action on an Ordinance to rezone
15.4± acres located on the east and west sides of Throckmorton Boulevard,
370± feet south 01 W White Street (FM 455) from C-2 General Commercial to
Planned Development-MF-2 Multiple -Family Residential — High Density.
(Director of Development Services Ross Altobelli)
The applicant is proposing multiple -family zoning and design standards that
would allow for a development layout that would support three- and four-story
buildings with, one-, two-, and three -bedroom units.
A Planned Development (PD) district is intended to provide for combining and
mixing of uses allowed in various districts with appropriate regulations and to
permit flexibility in the use and design of land and buildings in situations where
modification of specific provisions of this article is not contrary to its intent and
purpose or significantly inconsistent with the planning on which it is based and
will not be harmful to the community. A PD district may be used to permit new
and innovative concepts in land utilization. While great flexibility is given to
provide special restrictions which will allow development not otherwise
permitted, procedures are established herein to insure against misuse of the
increased flexibility.
Surrounding Land Uses and Zoning
North -Retail and restaurant lot and vacant land zoned C-2 General Commercial
East - Common area lot zoned C-2 General Commercial
South - Vacant land zoned Planned Development-C-1 Restricted Commercial
West - Restaurant and vacant land zoned C-2 General Commercial
Proposed Planned Development Stipulations
The requested zoning is PD-MF-2. This Planned Development is to allow for a
high -density, multiple -family residence.
Maximum height -The MF-2 base zoning only allows for two-story apartments
with a maximum height of 45 feet.
—, The applicant is proposing both 3 and 4-story building designs that will have
a maximum height of 60 feet.
Parking - Sec. 9.04.037 (Parking space regulations) of the Zoning Ordinance
require a minimum of 2 parking spaces per dwelling unit for multiple -family
dwellings, plus 0.25 spaces per dwelling unit for visitor parking. Additionally,
75% of the required parking is required to be covered.
—, The applicant is proposing to reduce the required parking for studio and one -
bedroom units from two (2) spaces per unit to one and a half (1.5) spaces per
unit.
—, The applicant is requesting to reduce the required covered parking 75% to
Screening fence - The MF-2 zoning requires border .fencing of masonry
construction no less than eight feet in height be installed along the property line
on any perimeter not abutting a public street -right-of-way.
The applicant is requesting to install asix-foot-high ornamental metal fence
with masonry columns and landscaping.
The applicant is proposing to allow the required screening within the front
yard setback along Throckmorton Boulevard and to set back the screening and
fencing from the northern property line to create a walkable environment along
the access easement.
Open Space —The applicant is requesting to count regional detention towards
overall open space provided. The regional detention lot (Anna Retail, Block B,
Lot 1) is identified as a location for a Hike/Bike trail on the Parks Master Plan.
Refuse Facilities -The applicant is proposing to utilize a trash compactor and
trash chute for buildings exceeding 24 units. The buildings with 24 or less units
will be serviced by refuse facilities per the Zoning Ordinance.
Future Land Use Plan
The Future Land Use Plan designates this property as Community Commercial
(CC). 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 neighbors of surrounding
neighborhoods. Business types may include restaurants, local retail, medical
offices, banks and other retail and services.
SUMMARY:
The applicant has submitted a rezoning request to allow multiple -family
residences with modified development standards.
Mayor Pike opened the Public Hearing at 9:06 PM.
There were no comments from the public.
Mayor Pike closed the Public Hearing at 9:06 PM.
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,
MOTION: Council Member Toten moved to approve. Council Member Vollmer
seconded. Motion carried 6-1. Council Member Ussery opposed.
g. Consider/Discuss/Action on a Resolution regarding the Anna Retail Addition,
Block A, Lots 3R, 6, 7, 8, 9 and Block B, Lot 1, Concept Plan. (Director of
Development Services Ross Altobelli)
Multiple -family residential lot, common area lot, and four commercial lots
on 25.7± acres located on the east and west sides of Throckmorton Boulevard,
370± feet south of W. White Street (FM 455). Zoned: C-2 General Commercial.
This concept plan is associated with the zoning request to allow a multiple -family
residential development with modified development standards and is contingent
upon approval of that request.
The purpose for the concept plan is to show the future multiple -family residential
and commercial development and related site improvements.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A CONCEPT
PLAN FOR ANNA RETAIL ADDITION, BLOCK A, LOTS 3R5 65 71 8, 9 AND
BLOCK B, LOT 1.
MOTION: Mayor Pike moved to approve. Council Member Miller seconded.
Motion carried 6-1. Council Member Ussery opposed.
h. Conduct an initial Public Hearing on the adoption of the Juvenile Curfew
Ordinance as required by Local Government Code 370.002. (Police Chief Dean
Habel)
Texas Local Government Code 370.002 requires public hearings for the
renewal/adoption of a Juvenile Curfew Ordinance every three years. The
verbiage has not changed from the existing Juvenile Curfew Ordinance,
Mayor Pike opened the Public Hearing at 9:08 PM.
There were no comments from the public.
Mayor Pike closed the Public Hearing at 9:08 PM.
Conduct a second Public Hearing on the adoption of the Juvenile Curfew
Ordinance as required by Local Government Code 370.002. (Police Chief Dean
Habel)
Mayor Pike opened the Public Hearing at 9:08 PM.
There were no comments from the public.
Mayor Pike closed the Public Hearing at 9:08 PM.
j. Consider/Discuss/Action on the adoption of the Juvenile Curfew Ordinance as
required by Local Government Code 370.002. (Police Chief Dean Habel)
Texas Local Government Code 370.002 requires a municipality to conduct
public hearings every three years if it chooses to renew/adopt a Juvenile Curfew
Ordinance. The current ordinance expired on April 9, 2022, and requires council
action for renewal. There were some very minor changes to the verbiage in the
ordinance.
AN ORDINANCE OF THE CITY OF ANNA, TEXAS, ESTABLISHING A NEW
CURFEW FOR MINORS; DEFINING TERMS; CREATING OFFENSES FOR
MINORS, PARENTS AND GUARDIANS OF MINORS, AND BUSINESS
ESTABLISHMENTS VIOLATING CURFEW REGULATIONS; PROVIDING
DEFENSES; PROVIDING FOR ENFORCEMENT BY THE POLICE
DEPARTMENT; PROVIDING FOR WAVIER BY THE MUNICIPAL COURT OF
JURISDICTION OVER A MINOR WHEN REQUIRED UNDER THE TEXAS
FAMILY CODE; PROVIDING FOR REVIEW OF THIS ORDINANCE WITHIN
THREE YEARS AFTER THE DATE OF INITIAL ENFORCEMENT; PROVIDING
A PENALTY NOT TO EXCEED $500; PROVIDING A SAVINGS CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE;
AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF.
MOTION: Council Member Toten moved to approve. Council Member Vollmer
seconded. Motion carried 5-2. Council Member Miller and Council Member
Atchley opposed.
k. Conduct a Public Hearing and Consider/Discuss/Action on a Resolution
regarding the creation of the Crystal Park Public Improvement District and
ordering public improvements to be made for the benefit of such district.
(Director of Economic Development Joey Grisham)
The next steps in the creation of the Crystal Park Improvement District are:
conducting a Public Hearing and consideration of a Resolution creating the PID.
A petition to establish the PID was received by the City Secretary on March 1st,
Crystal Park is a 361-acre mixed -use project being developed by Bloomfield
Homes.
Mayor Pike opened the Public Hearing at 9:24 PM.
There were no comments from the public.
Mayor Pike closed the Public Hearing at 9:24 PM.
A RESOLUTION REGARDING THE CREATION OF THE CRYSTAL PARK
PUBLIC IMPROVEMENT DISTRICT AND ORDERING PUBLIC
IMPROVEMENTS TO BE MADE FOR THE BENEFIT OF SUCH DISTRICT;
PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE
DATE; AND CONTAINING OTHER MATTERS RELATING TO THE SUBJECT.
MOTION: Mayor Pike moved to approve. Council Member Miller seconded.
Motion carried 7-0.
Conduct a Public Hearing and Consider/Discuss/Action on a Resolution
regarding the creation of the AnaCapri Public Improvement District and ordering
public improvements to be made for the benefit of such district. (Director of
Economic Development Joey Grisham)
Mayor Pike recused himself from Item I. and left the meeting at 9:24 PM.
The next steps in the creation of the AnaCapri Public Improvement District are:
conducting a Public Hearing and consideration of a Resolution creating the PID.
A petition to establish the PID was received by the City Secretary on February
15th. AnaCapri is a 285-acre development that will include a 2.3-acre crystal
lagoon, multifamily units, single-family lots, and commercial.
Mayor Pro Tern Miller opened the Public Hearing at 9:27 PM.
There were no comments from the public.
Mayor Pro Tem Miller closed the Public Hearing at 9:27 PM.
A RESOLUTION REGARDING THE CREATION OF THE ANACAPRI PUBLIC
IMPROVEMENT DISTRICT AND ORDERING PUBLIC IMPROVEMENTS TO
BE MADE FOR THE BENEFIT OF SUCH DISTRICT; PROVIDING FOR A
SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND
CONTAINING OTHER MATTERS RELATING TO THE SUBJECT,
MOTION: Council Member Carver moved to approve. Council Member Toten
seconded. Motion carried &I . Mayor Pike abstained.
m. Consider/Discuss/Action on a Resolution entering into a Development
Agreement with PC5 Properties, LLC, for the Anna Business Park. (Director of
Economic Development Joey Grisham)
This Agreement sets building standards for the Anna Business Park.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A
DEVELOPMENT AGREEMENT WITH PC5 PROPERTIES, LLC.
MOTION: Council Member Miller moved to approve. Council Member Vollmer
seconded. Motion carried 6-0 (Mayor Pike left the meeting at 9:24 PM).
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). Public Facilities; potential conflict waiver
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, GTUA Board of Directors.
MOTION: Mayor Pro Tern Miller moved to enter Closed Session.
Council Member Toten seconded. Motion carried 6-0 (Mayor Pike left the
meeting at 9:24 PM).
Mayor Pro Tern Miller recessed the meeting at 9:30 PM.
Mayor Pro Tem Miller reconvened the meeting at 9:57 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.
Council Member Carver moved that the Mayor is granted
Council to sign a waiver -of -conflict letter regarding City
representation. Mayor Pro Tern Miller seconded. Motion
meeting at 9:24 PM),
10. Adjourn.
the authority on behalf of the City
of Anna and City of Bells legal
carried &0 (Mayor Pike left the
Mayor Pro Tem Miller adjourned the meeting at 10:03 PM.
\\\``,1„��,,,,,rf(/',Approved on April
Nla�og Nate Pike