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HomeMy WebLinkAbout2017-12-12 Work Session & Regular Meeting MinutesANNA CITY COUNCIL MINUTES WORK SESSION December 12, 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 Mayor Pike called the meeting to order at 6:33 p.m. All members were present. 2. 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); acquisition of right-of-way, easements, and land for parks and municipal facilities. C. Discuss or deliberate personnel matters (Tex. Gov't Code §551.074); City Secretary annual review. MOTION: Council Member Beazley moved to enter closed session. Council Member Miller seconded. Motion carried 6-1 Bryan opposed. Mayor Pike recessed into closed session at 6:34 p.m. Mayor Pike reconvened into open session at 7:36 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. 3. 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. 4. Adjourn. There being no further business before the Council, we will consider this meeting adjourned at p.m. Mayor Pike adjourned the meeting at 7:37 p.m. ATTEST: City Secretary Carrie L. Smith Approved on the V: • I Ay da/of January. 2018. ike ANNA CITY COUNCI L MINUTES REGULAR SESSION December 12, 2017 1. Call to Order/Roll Call and Establishment of Quorum Mayor Pike called the meeting to order at 7:40 p.m. All members were present. 2. Invocation and Pledge of Allegiance. Mayor Pike led the invocation and pledge. 3. Citizen Comments. Citizens are allowed three minutes to speak. The Council 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 inquiry. Bill Morgan spoke about warrants for traffic signals at FM 455 and US 75; Oak Hollow sound barrier wall's paint job; Planning and Zoning and Parks Board not allowing citizen comments during public meetings; dangerous traffic on US 75; Resigned City Manager's severance pay. City Attorney McCoy stated the severance was part of the original contract signed 10 years ago. Andy Michrina spoke about funding for a dog park. Marietta Schell spoke in opposition to the waterline and road routes down Foster Crossing. She is concerned about damage to the trees. Brad Duncan, Anna ISD, thanked Michael Biscarro and Justin Clay for their assistance with the Harlow Elementary school project. 4. Receive reports from Staff or the City Council about items of community interest. Items of community interest include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules, an honorary or salutary recognition of a public official, public employee, or other citizen (but not including a change in status of a person's public office or public employment); a reminder 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 scheduled to be attended by a member of the governing body or an official or employee of the municipality; and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. a. Recognize Citizen's Academy Graduate from the 2017 Class. (Mayor) Mayor Pike recognized the graduates in attendance. Christy Wilson Christine Lewis Matt Wood Elizabeth Howard Mike Archer Russ Wong Olayinka Afinfenwa Akin Akinfenwa Etse Chormey 5. Consent Items. These items consist of non -controversial or "housekeeping" items required by law. Items may be considered individually by any Council member making such request prior to a motion and vote on the Consent Items. Items c. and d. were removed from the consent agenda. a. Approve City Council Meeting Minutes for November 28, 2017. (City Secretary) b. Review minutes of the November 6th, 2017 Planning and Zoning Commission Meeting. (Maurice Schwanke) MOTION: Mayor Pike moved to approve items a. and b. Council Member Beazley seconded. Motion carried 7-0. c. Resolution approving the Burgess development plat. (Maurice Schwanke) Bob & Kelley Burgess have submitted an application for approval of the Burgess development plat. This development plat is located within Anna's extraterritorial jurisdiction. The tract is located in the J.C. Neill Survey, Abstract No. 659 and contains approximately 48.8 acres of land. The owner is proposing to build a barn and later a small cottage on the property. The submittal meets the City of Anna development plat requirements and has been recommended for approval unanimously by the Planning and Zoning Commission on December 4, 2017. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE "BURGESS DEVELOPMENT PLAT" MOTION: Council Member Martinez moved to approve item c. Council Member Bryan seconded. Motion carried 7-0. d. Resolution approving the Liza Acres development plat. (Maurice Schwanke) Donald Springman has submitted an application for approval of the Liza Acres development plat. The property is located within Anna's extra -territorial jurisdiction (ETJ). The tract is located in the Joe Slater Survey, Abstract No. 868 and contains approximately 11.474 acres of land. The owner is proposing to build a small office space as well as buildings to accommodate large animals and equipment. This development plat is adjacent to the City of Anna's wastewater treatment facility. The submittal meets the City of Anna development plat requirements and has been recommended for approval unanimously by the Planning and Zoning Commission on December 4, 2017. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE "LIZA ACRES DEVELOPMENT PLAT" MOTION: Council Member Beazley moved to approve. Council Member Martinez seconded. Motion failed 2-5 Burr, Reeves, Bryan, Miller and Pike opposed. MOTION: Council Member Beazley moved to revisit 5d. Council Member Martinez seconded. Motion carried 6-1. Miller opposed. MOTION: Council Member Beazley moved to approve. Council Member Martinez seconded. Motion carried 7-0. 6. Consider/Discuss/Act on a Resolution to Commit Fund Balance for FY 2016-2017 (Dana Thornhill) On August 8, 2017, ordinance 747-2017 was adopted to amend the FY 2016-2017 budget. This budget amendment provided for staff to use excess revenues to purchase additional tools and equipment and to complete additional projects. Due to time constraints to complete the purchases and projects, staff was not able to complete each of them prior to the end of the fiscal year. Staff is proposing that a portion of the fund balance for the General Fund and the Utility Fund for FY 2017 be earmarked and committed for these items to allow these to be purchased and completed in FY 2018 from committed fund balance. A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE COMMITMENT OF FUND BALANCE FROM THE FISCAL YEAR 2016-2017 MOTION: Council Member Burr moved to approve. Council Member Bryan seconded. Motion carried 7-0. 7. Consider/Discuss/Act on an Ordinance amending the FY 2018 annual budget (Dana Thornhill) On August 8, 2017, an ordinance to amend the FY 2017 budget was passed to allow for staff to purchase capital items and complete projects with excess revenues. Due to time constraints to complete the purchases and the projects, staff was not able to complete all purchases or projects prior to the close of the fiscal year. Therefore, staff is proposing the fund balance for General Fund and Utility Fund for FY 2017 be earmarked and committed for these items to allow these to be purchased and completed in FY 2018. In addition, Staff is proposing an ordinance to amend the FY 2017-2018 budget. A detailed summary of the proposed budget amendment is included in Exhibit A of the attached Ordinance. The budget amendment includes those items ear marked in FY 2017 that were not purchased or completed as well as and an amendment to the Federal Seizure budget to fund the purchase of the tasers previously discussed; and a budget amendment for the Community Development Corporation (CDC) budget for additional supplies and the completion of the water line for the business park. AN ORDINANCE AMENDING ORDINANCE NO. 752-2017 ADOPTING THE BUDGET FOR THE 2017-2018 FISCAL YEAR; PROVIDING FOR SAVINGS, SEVERABILITY, AND REPEALING CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. MOTION: Council Member Burr moved to approve. Council Member Miller seconded. Motion carried 7-0. 8. Consider/Discuss/Act on an Ordinance establishing a school zone for Harlow Elementary. (Joseph Johnson) In January 2018, the Anna IS D will be opening Harlow Elementary, located at 2412 Leonard Drive near the Anna Crossing subdivision. Earlier this year, City staff directed the City's traffic engineer to study and recommend proper school zone limits for Harlow Elementary. The area of the school zone has been established by that study using the Texas Manual on Uniform Traffic Control Devices (TMUTCD) criteria and the proper traffic control devices will be/have been properly posted as recommended. The proposed Ordinance will establish a school zone within the posted area. AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING THE CITY OF ANNA CODE OF ORDINANCES BY AMENDING PART 11, ARTICLE 59, SECTION 3 RELATED TO SCHOOL SPEED ZONES; PROVIDING FOR A PENALTY; PROVIDING FOR SAVINGS, SEVERABILITY, AND REPEALING CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. MOTION: Mayor Pike moved to approve. Council Member Bryan seconded. Motion carried 7-0. 9. Conduct a public hearing and take action on an Ordinance approving a Franchise Agreement with Atmos Energy Corporation. (City Attorney) The current Franchise Agreement with Atmos Energy Corporation (natural gas) was initiated on October 18, 1992 and expired on October 18, 2017. On October 10, 2017, the City Council authorized a temporary short-term extension of the Franchise Agreement to allow City Staff and the City Attorney additional time to work with representatives from Atmos to draft a new Franchise Agreement. Staff worked with with the City Attorney and attorneys with Lloyd Gosselink Rochelle & Townsend, P.0 to draft the new Franchise Agreement. Lloyd Gosselink is a law firm that specializes in utility and natural gas issues and has assisted a number of clients in negotiating franchise agreements with Atmos Energy. The new Franchise Agreement outlined in the attached Ordinance will expire on December 31, 2027 after a ten-year term. Unless written notice of its intent to renegotiate is provided by either the City or Atmos Energy at least 180 days prior to the expiration of any term, the Franchise shall be extended for up to two (2) additional terms of five (5) years each on the same terms and conditions. The franchise fee payable to the City will be equivalent to five percent (5%) of the quarterly gross revenues received by Atmos during the preceding calendar quarter. The existing franchise fee is four percent (4%). For FY 2017 revenue from the Atmos franchise fee was $18,846.94. Increasing the franchise fee to 5% (based on same sales) would generate revenue of $23,558.68, a difference of $4,711.74. Mayor Pike opened the public hearing at 8:39 p.m. No comments were received from the public. Mayor Pike closed the public hearing at 8:40 p.m. AN ORDINANCE GRANTING TO ATMOS ENERGY CORPORATION, A TEXAS AND VIRGINIA CORPORATION, ITS SUCCESSORS AND ASSIGNS, A FRANCHISE TO CONSTRUCT, MAINTAIN, AND OPERATE PIPELINES AND EQUIPMENT IN THE CITY OF ANNA, COLLIN COUNTY, TEXAS, FOR THE TRANSPORTATION, DELIVERY, SALE, AND DISTRIBUTION OF GAS IN, OUT OF, AND THROUGH SAID CITY FORALL PURPOSES; PROVIDING FOR THE PAYMENT OF A FEE OR CHARGE FOR THE USE OF THE PUBLIC RIGHTS -OF -WAYS; AND PROVIDING THAT SUCH FEE SHALL BE IN LIEU OF OTHER FEES AND CHARGES, EXCEPTING AD VALOREM TAXES; PROVIDING FOR A TERM AND EFFECTIVE DATE; PROVIDING FOR WRITTEN ACCEPTANCE OF THIS FRANCHISE; PROVIDING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC; PROVIDING FOR SEVERABILITY; AND ORDAINING OTHER PROVISIONS RELATED TO THE SUBJECT MATTER HEREOF. MOTION: Council Member Miller moved to approve. Council Member Martinez seconded. Motion carried 7-0. 10. Consider/Discuss/Act on a Resolution authorizing execution of an Interlocal Agreement with Collin County for reimbursement to the City for engineering costs incurred to review proposed radio equipment installation plans. (Joseph Johnson) Collin County is planning to implement a new standards-based public safety radio system which will be used by first responders throughout Collin County. As part of the project, Collin County has proposed utilizing the City's Hackberry Elevated Storage Tank to install the equipment necessary to implement the project in our area. The proposed I nterlocal Agreement (ILA) provides a mechanism for the City to be reimbursed for engineering costs necessary to study the impacts of the proposed equipment on our infrastructure. The agreement does not authorize the installation of any equipment. A separate ILA would need to be brought before Council and approved before equipment could be installed. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AN INTERLOCAL AGREEMENT WITH COLLIN COUNTY FOR THE REIMBURSEMENT TO THE CITY OF ANNA FOR ENGINEERING COSTS RELATED TO REVIEW OF PLANS FOR RADIO EQUIPMENT PROPOSED BY COLLIN COUNTY. MOTION: Council Member Burr moved to approve. Council Member Beazley seconded. Motion carried 7-0. 11. Consider/Discuss/Act on a Resolution authorizing a Resolution amending an existing project and economic development agreement with Q Seminole Anna Town Center L.P., the Anna Community Development Corporation, the Anna Economic Development Corporation, and the City of Anna. (Jessica Perkins) In 2015 the Economic Development Corporation (EDC) and Community Development Corporation (CDC) with the approval of City Council, entered into an Economic Incentive Agreement with Q Seminole LLP/Anna Town Center related to retail development at the NE corner of FM 455 and US 75. With the passage of the sales tax reallocation in November last year, it is necessary that the Economic Incentive Agreement with Q Seminole LLP/Anna Town Center be amended. The amendment recognizes the change in sales tax allocation to the CDC and releases the EDC of liability. The total incentive amount will remain the same. The amendment is Exhibit A of the attached Resolution. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA APPROVING AND AUTHORIZING AN AMENDMENT TO A PROJECT AND RELATED INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT WITH Q SEMINOLE ANNA TOWN CENTER, L.P., THE ANNA COMMUNITY DEVELOPMENT CORPORATION, AND THE ANNA ECONOMIC DEVELOPMENT CORPORATION AND AUTHORIZING THE DISBURSEMENT OF FUNDS UNDER SAID AGREEMENT MOTION: Council Member Beazley moved to approve. Council Member Burr seconded. Motion carried 7-0. 12. Consider/Discuss/Act on a Resolution authorizing Council Members to attend the TML-TAMCC Elected Officials' Conference. (City Council) The City Council previously approved Resolution 2009-10-05 that adopted Travel and Training Policies for Anna City Council Members. Consistent with the City Charter and the Council Travel Policies, members of the City Council may receive reimbursement for actual expenses incurred in the performance of their official duties with the approval of the City Council at a public meeting. The attached Resolution authorizes council members to attend the TML -Texas Association of Mayors Council Members and Commissioners (TAMCC) Elected Officials' Conference in San Antonio March 8-10. The TML-TAMCC Elected Officials Conference includes workshops on current municipal issues and provides participants opportunities to discuss challenges, solve problems, and share successes with their peers. The estimated cost per -participant for the TML-TAMCC Elected Officials Conference is $1100. Approximately $3,000 is available in the City Council travel and training budgets. Council Member Martinez has expressed interest in attending this conference. A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING COUNCIL MEMBERS TO ATTEND THE TML-TAMCC ELECTED OFFICIALS' CONFERENCE. MOTION: Council Member Miller moved to approve Council Member Bryan seconded. Motion carried 7-0. 13. Consider/Discuss/Action on agreement for interim city management service.(City Council) Texas First Group shall provide personnel appropriate to handle the responsibilities of Interim City Manager of the City. MOTION: Mayor Pike moved to approve. Council Member Bryan seconded. Motion carried 7-0. 14. 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 fallowing 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); acquisition of right-of-way, easements, and land for parks and municipal facilities. C. Discuss or deliberate personnel matters (Tex. Gov't Code §551.074); City Secretary annual review; position of City Manager. MOTION: Council Member Beazley moved to enter closed session. Council Member Miller seconded. Motion carried 7-0. Mayor Pike recessed into closed session at 8:51 p.m. Mayor Pike reconvened the open meeting at 9:21 p.m. 15. Consider/Discuss/Action on any items listed on the posted agenda or any closed session occurring during this meeting, as necessary No action. 16. Adjourn. Mayor Pike adjourned the meeting at 9:22 p.m. ATTEST: City Secretary Carrie L. Smith Approved on t, (9th ay of J ary, 2018. Mayor N e Pike