HomeMy WebLinkAbout2022-06-14 Regular Meeting MinutesTHE CITY OF
Nhha
Regular City Council Meeting
Meeting Minutes
Tuesday, June 145 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 June 14, 2022, at the Anna ISD
Board Room located at 201 E. 7th Street, Anna, Texas, 75409, to consider the following
items.
1
2
[t3
4.
Call to Order, Roll Call, and Establishment of Quorum.
Mayor Pro Tem Miller called the meeting to order at 6:30 PM.
Mayor Pike was absent.
Invocation and Pledge of Allegiance.
Council Member Carver led the Invocation and Mayor Pro Tem Miller led the
Pledge of Allegiance.
Neighbor Comments.
Elden Baker provided City Council with an update on the locomotive.
Stephanie Dingle spoke with regard to Anna Town Square and safety concerns
at Leonard Avenue and Sharp Street.
Kay Hickey spoke with regard to trash in Anna Town Square creek and promises
made by the builders at the time of purchase.
Reports.
a. Planning and Development Regulations - Diagnostic Report (Director of
Development Services Ross Altobelli)
Director of Development Services Altobelli reported on the initial phase of the
Planning and Development Regulations update process and summarized
feedback from the City Council, Planning and Zoning Commission, City staff,
several City board members, and the public; provided an analysis of Anna's
current Planning and Development Regulations; and put forth suggested options
to consider from subsequent phases of the Planning and Development
Regulations update.
b. EMS Provider License Update (Fire Chief Ray Isom)
Assistant Fire Chief Dan Wood introduced Anna's newest Firefighter/EMT
Nick Moser-Hooten,
Fire Chief Isom provided an overview of the EMS Provider License, noting that
Phase One of the licensing - through the Texas Department of State Health
Services - was completed June 3, 2022. Phase two - the on -site inspection -
occurred on June 10, 2022.
c. Lee Lewis update on the Anna Municipal Complex construction. (Director of
Public Works Greg Peters, P.E.)
Lee Lewis Construction representatives Anthony Lewis and Justin Hall provided
City Council with a project update.
5. Work Session.
a. Discuss street naming policies and procedures. (Director of Public Works
Greg Peters, P.E.)
Director of Public Works Peters led the discussion of policies and procedures
related to naming streets in the City of Anna.
He discussed the following reasons City Council may want to consider a policy:
❑ Staff has identified potential street names that City Council may want to
reconsider renaming to avoid traffic confusion;
❑ A process needs to be established to identify honorarium namings, e.g.,
in honor of former Mayors and/or City Council members;
❑ Thoroughfare namings in new developments;
❑ Immediate needs as identified by staff analysis and findings; and
❑ Any additional related items for street naming discussion.
b. FY2023 Preliminary Budget Update/Strategies
City Manager Proce discussed some of the more recent updates and strategies
to be employed in the preparation of the FY2023 Budget.
6. Consent Items.
MOTION: Council Member Toten moved to approve Consent Items 6.a. through
6.n. Council Member Atchley seconded. Motion carried 6-0.
a. Approve City Council Meeting Minutes from May 24, 2022. (City Secretary
Carrie L. Land)
b. Review Minutes of the May 2, 2022, Planning &Zoning Commission Meeting.
(Director of Development Services Ross Altobelli)
c. Approve a Resolution regarding the Franklin Estates, Block A, Lot 1,
Development Plat. (Director of Development Services Ross Altobelli)
Two single-family residences and four accessory buildings on one lot on 5.0±
acres located on the east side of County Road 500, 170± feet north of
County Road 832. Located within the Extraterritorial Jurisdiction (ETJ).
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING FRANKLIN
ESTATES, BLOCK A, LOT 1, DEVELOPMENT PLAT.
d. Approve a Resolution regarding the Evans Westover Addition, Block A, Lots 1,
21 & 3, Replat. (Director of Development Services Ross Altobelli)
Three lots on 5.0± acres located on the east side of Westover Lane, 11140± feet
south of Farm -to -Market Road 2862. Zoned: Extraterritorial Jurisdiction (ETJ).
The purpose of the Replat is to subdivide one lot into three lots, dedicate lot and
block boundaries, easements, and right-of-way necessary for future
development.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING EVANS
WESTOVER ADDITION, BLOCK A, LOTS 11 21 & 3, REPLAT.
e. Approve a Resolution regarding the Three Creeks Ranch Estates, Block 1,
Lots 3R & 4R, Replat. (Director of Development Services Ross Altobelli)
Two lots on 12.2± acres located on the west side of County Road 206
(Chambersville Road), 580± feet south of County Road 971. Zoned:
Extraterritorial Jurisdiction (ETJ).
The purpose of the Replat is to dedicate lot and block boundaries, easements,
and right-of-way necessary for future development.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THREE
CREEKS RANCH ESTATES, BLOCK 1, LOTS 3R & 4R, REPLAT.
f. Approve a Resolution regarding the Via Addition, Block A, Lots 1 & 2,
Minor Plat. (Director of Development Services Ross Altobelli)
Two lots on 50.4± acres located on the east side of County Road 209
(Bourland Bend), 1,630± feet north of Chambersville Road. Zoned:
Extraterritorial Jurisdiction (ETJ).
The purpose of the Minor Plat is to dedicate lot and block boundaries and
right-of-way necessary for future development.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING VIA
ADDITION, BLOCK A, LOTS 1 & 2, MINOR PLAT.
g. Approve a Resolution regarding the Anna Retail Addition, Block A, Lot 4R,
Replat. (Director of Development Services Ross Altobelli)
Pharmacy on one lot on 2.1± acres located at the southeast corner of W. White
Street and S. Throckmorton Boulevard. Zoned: C-2 General Commercial.
The purpose of the Replat is to dedicate easements necessary for the
construction of the pharmacy development.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING ANNA RETAIL
ADDITION, BLOCK A, LOT 4R, REPLAT.
h. Approve a Resolution regarding the Avery Pointe Commercial, Block A,
Lots 1 R & 3, Replat. (Director of Development Services Ross Altobelli)
Self -storage facility on Lot 3 and vacant lot on 4.0± acres located at the
northeast corner of W. White Street and S. Ferguson Parkway. Zoned: Planned
Development (Ord. No. 964-2022, Ord. No. 709-2015, & Ord. No. 179-2005).
The purpose of the Replat is to dedicate lot and block boundaries and
easements necessary for the construction of the self -storage facility and to
subdivide the property.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AVERY
POINTE COMMERCIAL, BLOCK A, LOTS 1 R & 3, REPLAT.
Approve a Resolution regarding the Avery Pointe Commercial, Block A, Lot 3,
Site Plan. (Director of Development Services Ross Altobelli)
Self -storage facility on one lot on 4.0± acres located on the east side of
S. Ferguson Parkway, 375± feet north of W. White Street. Zoned: Planned
Development (Ord. No. 964-2022, Ord, No. 709-2015, & Ord. No. 179-2005).
The purpose of the Site Plan is to show the proposed self -storage facility
development site improvements.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AVERY
POINTE COMMERCIAL, BLOCK A, LOT 3, SITE PLAN.
j. Approve a Resolution regarding the Anacapri Laguna, Phase 1, Block A, Lots 1,
2, 3, 4, & 5, Preliminary Plat. (Director of Development Services Ross Altobelli)
Commercial lot, private community center lot, and two multiple -family residences
lots on 50.0± acres located at the northeast corner of Rollins Road and
Ferguson Parkway. Zoned: Planned Development (Ord. No. 887-2020).
The purpose of the Preliminary Plat is to propose right-of-way dedication, lot and
block boundaries, and easements necessary for the future construction of the
private community center improvements on Lot 3.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING ANACAPRI
LACUNA, PHASE 1, BLOCK A, LOTS 1, 2, 3, 4, & 5, PRELIMINARY PLAT.
k. Approve a Resolution regarding the Anna 455 Addition, Block A, Lots 5 & 63
Preliminary Plat. (Director of Development Services Ross Altobelli)
Automobile repair, minor on Lot 6 and vacant lot on 3.0± acres located on the
north side of W. White Street, 435± feet west of S. Ferguson Parkway. Zoned:
Planned Development (Ord. No. 709-2015 & Ord. No. 179-2005).
The purpose of the Preliminary Plat is to propose lot and block boundaries, and
easements necessary for the future minor automobile repair development.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING ANNA 455
ADDITION, BLOCK A, LOTS 5 & 6, PRELIMINARY PLAT.
Approve a Resolution regarding the DHI-Anna, Block A, Lots 1-3, Preliminary
Plat. (Director of Development Services Ross Altobelli)
Multiple -family residence on Lot 1 and two vacant lots on 39.7± acres located at
the northeast corner of future Throckmorton Boulevard and future Rosamond
Parkway. Zoned: Planned Development (Ord. No. 881-2020).
The purpose of the Preliminary Plat is to propose right-of-way dedication, lot and
block boundaries, and easements necessary for the future construction of the
multiple -family residence development.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING DHI-ANNA,
BLOCK A, LOTS 1-31 PRELIMINARY PLAT.
m. Acting as the Anna Public Facility Corporation Board of Directors, approve a
"Rider" to that certain Memorandum of Understanding (MOU) with JPI Village
Waters Creek Development, LLC, approved on January 25, 2022. (Director of
Economic Development Joey Grisham)
On January 25, 2022, the Anna PFC Board of Directors approved a
Memorandum of Understanding (MOU) with JPI Village Waters Creek
Development, LLC for the Villages of Water Creek Multifamily Development. The
following is a "Rider" to that agreement which is simply adding and clarifying
some of the language in the MOU.
n. Approve Acting City Manager Assignment Designation. (City Manager
Jim Proce)
As stated in the Charter, from time to time the City Manager may remove and/or
appoint another Acting City Manager and would notify City Council in writing, should
this be necessary. Pursuant to this requirement, during the absence of the
City Manager, the City Manager is designating as the primary "Acting City
Manager" the current Assistant City Manager Ryan Henderson. In the event of
Ryan's concurrent absence, the City Manager would designate Taylor Lough as
secondary option.
7. Items For Individual Consideration.
a. Approve a Resolution regarding the Anna Retail Addition, Block A, Lots 1 R, 3R,
61 73 83 9 & Block B, Lot 1, Replat. (Director of Development Services
Ross Altobelli)
Retail and restaurant on Lot 1 R and six vacant lots on 26.0± acres located on
the east and west sides of Throckmorton Boulevard, 370± feet south of W. White
Street (FM 455). Zoned: Planned Development - Multiple -Family Residential -
High Density and C2 General Commercial.
The purpose of the Replat is to dedicate right-of-way, lot and block boundaries,
and easements necessary for subdividing the property.
ISSUES:
The applicant is requesting a waiver from adopted city standards located within
both the Subdivision Regulations and Design Standards.
1. Minimum frontage on a public street. Each lot on a subdivision plat shall
front onto a dedicated, improved public street, unless platted as an approved
private street subdivision in accordance with these subdivision regulations.
All lots shall have a minimum of 40 feet of frontage along the property line of
a dedicated, improved street unless other provisions have been authorized
under article 9.04 or an approved planned development district.
FINDINGS:
Where the City Council finds that undue hardships will result from strict
compliance with a certain provision(s) of the subdivision regulations and design
regulations, or where the purposes of the regulations may be served to a greater
extent by an alternative proposal, the City Council may approve a
waiver/suspension from any portion of the regulations so that substantial justice
may be done and the public interest is secured, provided that the
waiver/suspension shall not have the effect of nullifying the intent and purpose
of the regulations, and further provided that the city council shall not approve a
waiver/suspension unless it makes findings based upon the evidence presented
to it in each specific case that:
(A) Granting the waiver/suspension will not be detrimental to the public safety,
health or welfare, and will not be injurious to other property or to the owners of
other property, and the waiver/suspension will not prevent the orderly
subdivision of other property in the vicinity;
❑ The request is not detrimental to public health, safety, or welfare and does
not prevent orderly subdivision of the surrounding properties. The property
owner is proposing a 50400t access easement that will connect future
Throckmorton Boulevard to the existing access easement, acting as a private
street.
(B) The conditions upon which the request for awaiver/suspension is based are
unique to the property for which the waiver/suspension is sought, and are not
applicable generally to other property;
I.�
❑ This large tract of land has a unique shape due to the surrounding
properties being platted prior to a regional or master plan. Creating Lot 9 as a
separate lot, is in conformance with Sec. 9.02.087 (Lots) by not creating an
irregular, severely elongated lot.
(C) Because of the particular physical surroundings, shape and/or topographical
conditions of the specific property involved, a particular undue hardship to the
property owner would result, as distinguished from a mere inconvenience or
increased expense, if the strict letter of these regulations is carried out;
❑ This large tract of land has a unique shape due to the surrounding
properties being platted prior to a regional or master plan. The access
easement acts as a private street. If the access easement were required to
be an improved street, the City would be required to own and maintain the
road.
(D) The waiver/suspension will not in any manner vary the provisions of the
zoning ordinance, comprehensive plan (as amended), or any other adopted
plan(s) or ordinance(s) of the city; and
❑ The waiver request is specific to one standard contained within the
Subdivision Ordinance and Design Standards,
Due to the multiple access easements through Lot 9, staff is amenable to the
variance request. Upon approval of the waiver, the Replat is in conformance with
the city's Subdivision Regulations and Zoning Ordinances and is subject to
additions and/or alterations to the engineering plans as required by the Public
Works Department.
The Planning &Zoning Commission recommended approval.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING ANNA
RETAIL ADDITION, BLOCK A, LOTS 1R, 3R, 6, 7, 8, 9 AND BLOCK B, LOT 1,
FINAL PLAT
MOTION: Council Member Carver moved to approve. Council Member Toten
seconded. Motion carried 6-0.
Consider/Discuss/Action on filling vacancies on boards and commissions.
(City Secretary Carrie Land)
Mayor Pro Tam Miller moved on to It
action after Closed Session.
There are two vacancies to fill:
7.c. and City Council returned and took
Planning and Zoning Commission -Place 1
Board of Adjustments -Place 2A
MOTION: Council Member Miller moved to appoint Staci Martin to the
Planning and Zoning Commission Place 1. Council Member Atchley seconded.
Motion carried M.
MOTION: Mayor Pro Tern Miller moved to appoint Elden Baker to the Board of
Adjustments Place 2A. Council Member Atchley seconded. Motion carried 6-0.
c. Discuss/Consider/Act on a Resolution authorizing the City Manager to execute a
Professional Services Agreement with Gessner Engineering for land surveying
and civil engineering for the Anna Community Library and for paving
improvements on 5th Street, 7th Street, and Riggins Road adjacent to the
Municipal Campus. (Director of Public Works Greg Peters, P.E.)
The City is moving forward with the design of the Anna Community Library. The
land surveying and site engineering components of the design will need to be
completed by a civil engineering firm. In addition, the City has a Capital
Improvement Plan project identified to improve 5th Street, 7th Street, and
Riggins Street. These road improvements will be critical to providing the access
and parking required for the new library and for the surrounding properties which
are anticipated to re -develop in the future.
Through the City's multidisciplinary RFQ process, Gessner Engineering was
preselected in the site civil engineering category. They also have significant
experience in the design of roads surrounding campus facilities, which is a good
match for the improvements required on 5th Street, 7th Street, and Riggins
Street.
DART approval will be required for all proposed improvements to the Riggins
Street Right-of-way. The cost and funding for the scope included $49,200 from
2021 Bond Funds for the Library site engineering, and $119,310 for the roadway
improvements. Staff reviewed the scope and cost and found Gessner to be
highly qualified to complete the work identified.
Staff recommends approval of the item.
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 GESSNER ENGINEERING FOR CIVIL ENGINEERING
SERVICES RELATED TO THE ANNA COMMUNITY LIBRARY AND
SURROUNDING STREET IMPROVEMENTS, AS SHOWN IN EXHIBIT "A"
ATTACHED HERETO, AND PROVIDING FOR AN EFFECTIVE DATE,
MOTION: Council Member Toten moved to approve. Council Member Ussery
seconded. Motion carried 6-0.
d. Consider/Discussion/Action on a Resolution authorizing the Anna Public Facility
Corporation to issue bonds not to exceed $33,000,000 for the Palladium
East Foster Crossing project. (Director of Economic Development
Joey Grisham)
Since the Anna PFC is issuing private activity bonds not to exceed $33 million
for the Palladium East Foster Crossing project, the Public Facility Corporation
Act requires approval of the governing body. These bonds are not backed by the
City's full faith and credit.
A RESOLUTION BY THE CITY OF ANNA, TEXAS APPROVING AN
INDENTURE AND RESOLUTION OF ANNA PUBLIC FACILITY
CORPORATION WITH RESPECT TO THE ISSUANCE OF A BOND
MOTION: Council Member Carver moved to approve. Mayor Pro Tem Miller
seconded. Motion carried 6-0.
e. Acting as the Anna Public Facility Corporation Board of Directors,
Consider/Discussion Action on: (a) Resolution authorizing the issuance of bonds
not to exceed $33,000,000 (b) resolutions approving substantially final
partnership documents for the Palladium East Foster Crossing financing,
general partnership, and ground lease; and (c) Memorandum of Understanding
(MOU) with Palladium USA International, Inc. (Director of Economic
Development Joey Grisham)
Palladium is developing a 239-unit multifamily project located just north of the
Anna Business Park on E. Foster Crossing Rd. and is being financed by private
activity bonds issued by the Anna PFC not to exceed $33 Million and 4%
Housing Tax Credits. Zoning was approved back in September 2021. The Anna
PFC will serve as the General Partner on the project. The documents being
approved include a bond resolution, Memorandum of Understanding (MOU) and
resolutions approving substantially the final partnership agreements.
FINANCIAL IMPACT: The Anna PFC will receive $958,634 in Year 1 and 25% of
the developer cash flow over the following 14 years estimated at $2.2 Million.
MOTION: Council Member Carver moved to approve. Council Member Ussery
seconded. Motion carried M.
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). Fire/Emergency Services, Public Facilities.
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). Pending Commercial Incentives.
d. Discuss or deliberate personnel matters (Tex. Gov't Code §551.074),
Boards and Commissions
MOTION: Council Member Cain moved to enter Closed Session.
Council Member Atchley seconded. Motion carried &0.
Mayor Pro Tem Miller recessed the meeting at 8:21 PM.
Mayor Pro Tem Miller reconvened the meeting at 9:35 PM.
Mayor Pro Tem returned to Agenda Item 7.b. for action.
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.
No action taken.
10. Adjourn,
Mayor Pro Tem Miller adjourned the meeting at 9:38 PM.
Approved on June 28, 2022.
\\\U\lluusulllr!/rr/`/
M\f�R on a�i li %�✓
p .� 9�Ma or Nate Pike
ATTEST:
City Secretary Carrie L. Land