HomeMy WebLinkAbout2017-03-28 Work Session & Regular Meeting Packet
AGENDA
City Council Work Session
Tuesday, March 28, 2017 @ 6:30 PM
Anna City Hall, Council Chambers
111 N. Powell Parkway, Anna, Texas 75409
The City Council of the City of Anna will meet in Work Session at 6:30 PM, on March 28,
2017, at the Anna City Hall, Located at 111 North Powell Parkway (Hwy 5), to consider
the following items.
1.Call to Order, Roll Call and Establishment of Quorum
2.Briefing/Discussion regarding the proposed 2017 Collin County Bond Program.
(City Manager)
a
3.Briefing/Discussion regarding the FY 2018 Budget Calendar. (Dana Thornhill)
a
4.CLOSED SESSI ON (EXCEPTI ONS)
Under Tex. Gov't Code Chapter 551, the City Counci l may enter into closed
session to discuss any items listed or referenced on this agenda under the
fol lowing 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 conf licts with Chapter 551 of the Government Code (Tex. Gov’t
Code §551.071).
a
b.Discuss or deliberate the purchase, exchange, lease, or value of real property
(Tex. Gov’t Code §551.072); acquisition of right-of-way, easements, and land
f or parks and municipal f acilities.
a
The Council further reserves the right to enter i nto executive sessi on at any time
throughout any duly noticed meeting under any applicable exception to the
Open Meetings Act.
5.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 f or any City
Council meeting occurring on the same date as the meeting noticed in this agenda.
6.Adjourn.
This is to certify that I, Carrie L. Smith, City Secretary, posted this agenda at a place
readily accessible to the public at the Anna City Hall and on the City Hall bulletin board at
or before 5:00 p.m. on .
___________________________________
Carrie L. Smith, City Secretary
1. The Council may vote and/or act upon each of the items listed in this agenda.
2. The Council reserves the right to retire into exec utive session c oncerning any of the items listed on
this agenda, whenever it is considered nec essary and legally justified under the Open Meeting Act.
3. Persons with a disability who want to attend this meeting who may need assistanc e should c ontact
the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate
arrangements c an be made.
AGENDA
Regular City Council Meeting
Tuesday, March 28, 2017 @ 7:30 PM
Anna City Hall, Council Chambers
111 N. Powell Parkway, Anna, Texas 75409
The City Council of the City of Anna will meet in Regular Session at 7:30 PM, on March
28, 2017, at the Anna City Hall, Located at 111 North Powell Parkway (Hwy 5), to
consider the following items.
Welcome to the City Council Meeting. Please sign the Sign-In-Sheet as a record of
attendance. If you wish to speak on an open-session agenda item, pl ease fill out the
Opinion/Speaker Registration Form and turn it in to the City Secretary before the
meeting starts.
1.Call to Order, Roll Call and Establishment of Quorum.
2.Invocation and Pledge of Allegiance.
3.Citizen Comments.
Ci ti zens are allowed three minutes to speak. The Counci l is unable to respond to
or discuss any issues that are brought up during this section that are not on the
agenda, other than to make statements of specific factual information in
response to a citizen's inquiry or to recite existing policy in response to the
inqui ry.
4.Receive reports from Staff or the City Council about items of community interest.
Items of community interest i nclude: expressions of thanks, congratul ations, or
condol ence; information regarding holi day schedules; an honorary or salutary
recogni ti on of a public offi cial, public empl oyee, or other citizen (but not
incl uding a change in status of a person's publ ic office or publ ic employment); a
remi nder about an upcoming event organized or sponsored by the governing
body; information regarding a social, ceremonial, or community event organized
or sponsored by an entity other than the governing body that was attended or is
schedul ed to be attended by a member of the governi ng body or an official or
employee of the muni cipality; and announcements i nvolving an imminent threat
to the public health and safety of people in the munici pality that has arisen after
the posting of the agenda.
5.Consent Items.
These items consist of non-controversi al or "housekeeping" items requi red by
law. Items may be considered i ndivi dually by any Counci l member making such
request prior to a motion and vote on the Consent Items.
a.Approve Council meeting minutes f or:
a. March 14, 2017
b. March 21, 2017
a
6.Consider/Discuss/Action regarding a Resolution supporting House Bill 1427. (City
Manager)
a
7.Consider/Discuss/Action regarding a Resolution opposing revenue cap legislation.
(City Manager)
a
8.Conduct a Public Hearing f or the purpose of receiving public comment on
proposed amendments to the City's Capital I mprovements Plan, Land Use
Assumptions and I mpact Fees. (Joseph Johnson)
a
9.Review and discussion of proposed Strategic Plan. (City Manager)
a
10.CLOSED SESSI ON (EXECEPTIONS)
Under Tex. Gov't Code Chapter 551, the City Counci l may enter into closed
session to discuss any items listed or referenced on this agenda under the
fol lowing 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 conf licts with Chapter 551 of the Government Code (Tex. Gov’t
Code §551.071).
a
b.Discuss or deliberate the purchase, exchange, lease, or value of real property
(Tex. Gov’t Code §551.072); acquisition of right-of-way, easements, and land
f or parks and municipal f acilities.
a
The Council f urther 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.
11.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 f or any City
Council meeting occurring on the same date as the meeting noticed in this agenda.
12.Adjourn.
This is to certify that I, Carrie L. Smith, City Secretary, posted this agenda at a place
readily accessible to the public at the Anna City Hall and on the City Hall bulletin board at
or before 5:00 p.m. on
___________________________________
Carrie L. Smith, City Secretary
1. The Council may vote and/or act upon each of the items listed in this agenda.
2. The Council reserves the right to retire into exec utive session c oncerning any of the items listed on
this agenda, whenever it is considered nec essary and legally justified under the Open Meeting Act.
3. Persons with a disability who want to attend this meeting who may need assistanc e should c ontact
the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate
arrangements c an be made.
ANNA CITY COUNCIL
MINUTES
WORK SESSION
March 14, 2017
The City Council of the City of Anna met in Work Session on the above date at Anna City
Hall, located at 111 North Powell Parkway (Hwy 5), to consider the following items.
1. Call to Order, Roll Call and Establishment of Quorum
Deputy Mayor Pro Tem Bryan called the meeting to order at 6:30 p.m.
Mayor Crist arrived at 6:54 p.m.
Council Member Beazley was absent.
2.Briefing/Discussion regarding the proposed 2017 Collin County Bond
Program. (City Manager)
City Manager Sander's briefed the Council:
"On March 1st, Mayor Crist, Joseph Johnson and I attended a meeting with
officials from Collin County regarding a future road bond program. Collin County
is planning to call for a bond election in November of this year to fund primarily
planning, design and right-of-way acquisition for several new limited access
freeways that the County believes are necessary to accommodate growth in
Collin County. They have not determined if funding for any additional roads will
be included in the bond, and have indicated that the limited access freeways are
the priority. At this point it is not clear that funding for Ferguson Parkway or any
other local priority would be included in the bond program.
Staff strongly believes that major thoroughfare projects connecting to limited
access roads should be considered a critical component of this potential bond
issue. While we agree that long-term planning for limited access roadways is
important, major City thoroughfare projects that connect to the limited access roads
have immense regional benefit and could relieve traffic congestion today."
3.Briefing/Discussion regarding House Bill 1427 and Senate Bill 2. (City
Manager)
City Manager Sander's briefed the Council:
HB 1427
The City of The Colony has been involved in a case at the Public Utility Commission
involving an appeal by Brazos Electric Cooperative (“Brazos”) and CoServ of the
City’s land use and zoning ordinances. The cooperatives appealed the Colony’s
CC Minutes 3/14/2017 Page 1 of 10
ordinance after the City refused to grant the cooperatives a special use permit to
build a substation on a certain piece of land. The City’s zoning ordinance prohibits
certain land use activities in the property’s zone, including substation use.
A hearing on the merits was held in September and the judge issued a Proposal for
Decision (“PFD”) in December. The PFD concluded the Colony’s ordinance and
denial of the special use permit violates Public Utility Regulatory Act (“PURA”)
Section 41.005, which prohibits a municipality from regulating a cooperative’s rates,
services, or operations except with regards to operations only to the extent
necessary to protect health, safety, or welfare. A final order has not yet been
issued, but at an open meeting in February, the PUC decided the Colony’s
ordinance violates the PURA because it regulates the services of Brazos and
CoServ. The Commissioners also found the ordinance violates PURA’s pervasive
regulatory scheme over transmission service. Once the final order is issued,
parties will have 25 days to file a motion for rehearing.
Meanwhile, the City of The Colony has been exploring legislative options. HB 1427
(full text) by Rep. Fallon would amend the law to clarify that a city is not prohibited
from enforcing its zoning and other land use regulations including a specific use
permit except in very limited circumstances. The Colony is very interested in
getting as much support as they can. Obviously, this is an issue that may impact
other cities including the City of Anna. Attached is a resolution for those cities that
would like to formally show their support.
SB 2
Senate Bill 2, introduced by Senator Bettencourt, is of primary importance to cities,
and is one of the most watched bills by the Texas Municipal League (TML)this
legislative session. In summary, the bill would:
1. lower the property tax rollback rate from eight percent to four percent, with an
exception for a taxing unit located in an area declared a disaster area by the
governor or president of the United States during the current tax year;
2. require a taxing unit to hold a ratification election on the November uniform
election date of the applicable year in order to adopt a tax rate that exceeds
the four-percent rollback rate (as opposed to current law, which only requires
an election if a petition is received from the citizens); and
3. make numerous calendar changes to the property tax appraisal, collection,
and ratesetting process in order to have property tax ratification elections on
the November uniform election date.
TML has expressed strong opposition to this bill and outlined their arguments in
a press release last year and several articles in their weekly legislative update. "
4.Briefing/Discussion regarding proposed improvements to FM 455. (Joseph
Johnson)
City Public Works Director Johnson briefed the Council:
"Staff presented a schematic of planned improvements to FM 455 west of US
75. This project was recently funded by the North Central Texas Council of
Governments. The project cost is approximately $2.1 million." See Exhibit 4A.
CC Minutes 3/14/2017 Page 2 of 10
5.Discussion regarding review of annual appointments to boards and
commissions. (Mayor Crist)
Annual appointments to the City's boards and commissions will occur in June this
year. Mayor Crist appointed a three member Council committee to attend board
and commission meetings; Justin Burr, Kenneth Pelham and Lee Miller.
6. 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).
a
b. Discuss or deliberate the purchase, exchange, lease, or value of real property
(Tex. Gov’t Code §551.072); acquisition of right-of-way, easements, and land
for parks and municipal facilities.
a
Motion: Council Member Bryan moved to enter closed session. Council Member
Miller seconded. Motion carried 6-0.
Mayor Crist recessed the meeting at 7:15 p.m.
Mayor Crist reconvened the meeting at 7:34 p.m.
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.
7. 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: Council Member Miller moved to take no action. Council Member Bryan
seconded. Motion carried 6-0.
8. Adjourn.
Motion: Council Member Bryan moved to adjourn. Council Member Miller
seconded. Motion carried 6-0.
Mayor Crist adjourned the meeting at 7:35 p.m.
CC Minutes 3/14/2017 Page 3 of 10
Exhibit 4 WS
MARCH 14, 2017
CC Minutes 3/14/2017 Page 4 of 10
Res. 2017-04-_____
SUPPORTING HOUSE BILL 1427 1
CITY OF ANNA, TEXAS
RESOLUTION NO. 2014-04-_____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE ANNA, TEXAS,
SUPPORTING HOUSE BILL 1427 WHICH AMENDS SECTION 41.005 OF THE TEXAS
UTILITIES CODE TO CLARIFY THAT A MUNICIPALITY MAY REGULATE THE
OPERATIONS OF AN ELECTRIC COOPERATIVE THROUGH THE CITY’S ZONING
ORDINANCE WHICH IS A PERMISSIBLE PUBLIC HEALTH, SAFETY, OR WELFARE
REGULATION; PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
WHEREAS, House Bill 1427 (2017), a copy of which is attached hereto as Exhibit A, proposes
to amend Section 41.005 of the Texas Utilities Code, also referred to as the Public Utility
Regulatory Act (“PURA”); and
WHEREAS, Section 41.005 of the Texas Utilities Code currently provides in part that a
municipality may not directly or indirectly regulate the rates, operations, and services of an
electric cooperative except, with respect to operations, to the extent necessary to protect the
public health, safety, or welfare; and
WHEREAS, municipal zoning authority is contained in Chapter 211 of the Texas Local
Government Code; and
WHEREAS, Section 211.001 of the Texas Local Government Code states the following: “The
[zoning] powers granted under this subchapter are for the purpose of promoting the public
health, safety, morals, or general welfare and protecting and preserving places and areas of
historical, cultural, or architectural importance and significance;” and
WHEREAS, an inline electrical substation has been defined by the rules of the Public Utility
Commission of Texas (“PUC”) to be an electrical substation constructed within one (1) mile of
an existing electrical transmission line; and
WHEREAS, the Public Utility Commission of Texas currently does not control where an electric
cooperative may locate an inline electrical substation; and
WHEREAS, the Public Utility Commission of Texas currently does not require a certificate of
convenience and necessity (“CCN”) to be held by an electric cooperative for the placement and
location of an inline electrical substation; and
WHEREAS, electrical cooperatives’ and the PUC’s view of Section 41.005 of the Texas Utilities
Code and PURA is that electrical cooperatives are the first, only, and final decision-maker on
the placement and location of inline electrical substations; and
WHEREAS, electrical cooperatives’ and the PUC’s view of Section 41.005 of the Texas Utilities
Code and PURA results in a regulatory vacuum with no oversight by the State of Texas, or any
county or municipality as to the placement and location of inline electrical substations; and
WHEREAS, the City Council of the City of Anna, Texas, believes Section 41.005 of the Texas
Utilities Code currently preserves the authority for the City, through its zoning ordinance, to
Res. 2017-04-_____
SUPPORTING HOUSE BILL 1427 2
regulate the location of an inline electrical substation of an electric cooperative, provided the
City does not use its zoning powers to exclude the electric cooperative from the City; and
WHEREAS, to conclude otherwise leaves the citizens of the State of Texas to the whims of
electrical cooperatives on the placement and location of inline electrical substations with no
venue for contesting such placement and no oversight by the State of Texas or the impacted
local municipality.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA,
TEXAS, THAT:
SECTION 1. The City Council of the City of Anna, Texas, strongly supports House Bill 1427
(2017) and any legislation that would clarify that Section 41.005 of the Texas Utilities Code
does not prohibit Texas municipalities from enforcing zoning or other land use regulations,
authorized pursuant to the Texas Constitution or the laws of the State of Texas, on an electric
cooperative.
SECTION 2. This support for House Bill 1427 (2017) and any similar legislation be
communicated to members of the Texas Legislature and the Texas Governor’s office.
SECTION 3. This Resolution shall become effective from and after its date of passage in
accordance with law.
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 28th day
of March, 2017.
ATTEST: APPROVED:
_____________________________ ____________________________
City Secretary Carrie L. Smith Mayor Mike Crist
Res. 2017-04-_____
SUPPORTING HOUSE BILL 1427 3
Exhibit A
[House Bill 1427 (2017)]
Res. 2017-04-_____
SUPPORTING HOUSE BILL 1427 4
Res. 2017-04_____
OPPOSITION TO A REVENUE CAP 1
CITY OF ANNA, TEXAS
RESOLUTION NO. 2017-04-_____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE ANNA, TEXAS, IN
OPPOSITION TO A REVENUE CAP AND LEGISLATIVE INTERFERENCE WITH LOCAL
SERVICES.
WHEREAS, bills have been introduced to cap the amount of property tax revenue cities can
collect each year in a misguided effort to reduce the property tax burden on homeowners and
businesses; and
WHEREAS, currently, if a Texas city increases property tax collections by more than eight
percent over the previous year, voters can petition for an election to rollback the increase; and
WHEREAS, bills have been introduced to replace that eight percent “rollback rate” with a hard
cap of four percent and require mandatory elections on an increase over four percent – all with
the false claim that this would provide property tax relief; and
WHEREAS, according to the state comptroller’s latest survey of property tax rates in 963 cities
in Texas, 56 percent of cities raised their property taxes by less than four percent from 2014 to
2015 and 27 percent of cities actually reduced their property taxes; and
WHEREAS, that means property owners in at least 547 Texas cities would have seen no
reduction in their city property taxes if the four percent cap had been in effect; and
WHEREAS, while the savings to individual taxpayers are very small or even non-existent, a
four percent cap could represent a loss in vital city services; and
WHEREAS, cities collect just 16 percent of the property taxes levied in Texas, and most of the
property taxes paid by Texans (55 percent) go to school districts; and
WHEREAS, according to the comptroller’s report, the total amount of property taxes collected
by cities rose by 3.61 percent between 2014 and 2015, while school district tax collections rose
by more than twice that rate or 7.72 percent; and
WHEREAS, school property taxes have been rising because the legislature continues to
reduce the state’s share of funding for schools, which forces districts to get more revenue from
property taxes.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA,
TEXAS, THAT:
Section 1. The recitals above are incorporated herein as if set forth in full for all purposes.
Section 2. That the City Council of the City of Anna, Texas, is OPPOSED to the legislative
imposition of a revenue cap and legislative interference with local services; and
Res. 2017-04_____
OPPOSITION TO A REVENUE CAP 2
Section 3. That imposing a revenue cap on cities: (a) does not provide meaningful tax
relief; (b) robs cities of the ability to meet local needs; and (c) diverts attention from the real
cause of higher property taxes, which is the failure to address the problem of school funding.
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 28th day
of March, 2017.
ATTEST: APPROVED:
_____________________________ ____________________________
City Secretary Carrie L. Smith Mayor Mike Crist