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Home My WebLink About2018-09-25 Work Session & Regular Meeting MinutesANNA CITY COUNCI L MINUTES WORK SESSION September 25, 2018 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. I. Call to Order, Roll Call and Establishment of Quorum Mayor Pike called the meeting to order at 6:33 p.m. Council Member Reeves was absent. 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); city facilities; acquisition of easements C. Discuss or deliberate personnel matters (Tex. Gov't Code §551.074); Council appointments, City Manager, and related contracts and appointments. d. 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); possible incentive agreements with property developers; pending negotiations on development agreements. MOTION: Council Member Miller moved to enter closed session. Council Member Bryan seconded. Motion carried 6-0. Mayor Pike recessed the meeting at 6:33 p.m. Mayor Pike reconvened the meeting at 7:06 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 7:06 p.m. ATTEST: (J�� yr ` City Secretary Carrie L. Smith Approv theVt er 9, 2018. Mayor Nate Pike ````��tunuurrryr�� OF AI%�''-% = U: ANNA CITY COUNCI L MINUTES REGULAR SESSION September 25, 2018 1. Call to Order/Roll Call and Establishment of Quorum Mayor Pike called the meeting to order at 7:07 p.m. Council Member Reeves was absent. 2. Invocation and Pledge of Allegiance. Council Member Beazley 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. ►f0 .[M 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 goveming 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. Adopt Proclamation declaring October 7 - 13, 2018 as Fire Prevention week in Anna. b. Adopt a Proclamation declaring September as Idiopathic Pulmonary Fibrosis awareness month. National Night Out will be held October 2, 6:00 p.m. to 8:00 p.m. in Slayter Creek Park. Police Chief Caponera presented Police Officer Blair with the Life Saving award. 5. Consent Items. These items consist of non -controversial or "housekeeping" items required by law. Items maybe considered individually by any Council member making such request prior to a motion and vote on the Consent Items. a. Approve Council Meeting Minutes Q Review the Minutes of the August 6, 2018 Planning and Zoning meeting. c. Reviewthe EDC minutes from May 3, 2018. d. Review minutes of the CDC meeting from May 3, 2018. e. Approve a Resolution authorizing the City Manager to sign an Inter -Local Agreement with Collin County for jail services (Chief Caponera). Each year Collin County reviews the established I nter-Local Agreements with partnering cities and establishes a fee schedule for jail services, which includes costs associated with housing of prisoners charged with "On-VievV' Class "C" offenses, and includes those prisoners arrested and housed at the Collin County Jail on Class "C" warrants issued by the City of Anna Municipal Court. This Agreement shall remain in effect from October 1, 2018 to September 30, 2019. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AN INTERLOCAL JAIL SERVICES AGREEMENT WITH COLLIN COUNTY. Approve a Resolution approving the "Texas Shotcrete" development plat. The development plat is generally known as 9636 County Road 419. The northern section of the property is located within our city limits, but the proposed additions are in the southern half of the property that is located within Anna's extra territorial jurisdiction. The tract is in the Hiram Brinlee Survey, Abstract No. 30 and contains 29.638 acres of land. The owner is proposing to build an office, concrete plant, and clean out area for the trucks on the property. The submittal meets the City of Anna development plat requirements. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE "TEXAS SHOTCRETE" DEVELOPMENT PLAT" g. Approve a Resolution for "Pin Oaks Christian Fellowship Addition" development plat. The development plat is located within Anna's extra territorial jurisdiction and generally known as 2620 County Road 1106. The tract is in the Robert Whitaker Survey, Abstract No. 1011 and contains 9.36 acres of land. The owner is submitting plans for the property since they recently enclosed a previous walkway to add on to their main building. The submittal meets the City of Anna development plat requirements. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE "PIN OAKS CHRISTIAN FELLOWSHIP ADDITION" DEVELOPMENT PLAT" Approve a Resolution approving the "Anna Ranch" preliminary plat. The Anna Ranch preliminary plat contains 52.21 acres in phase one and 191.50 acres in the future phases, located in the D.E.W. Barb Survey, Abstract No. 33 and the Grandison Stark Survey, No. 798. This tract is located on the East Side of Highway 5 between the southern border of the Anna Crossing Subdivision and North of the Outer Loop. The preliminary plat is for 272 lots within phase one and three future tracts. The area is currently zoned with a PD for mixed use zoning. The plat has been reviewed by staff. A waiver for block length greater than 800' is being requested. The request is within the parameters the Neighborhood Design Committee is recommending. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A PRELI MI NARY PLAT OF ANNA RANCH. Approve a Resolution authorizing the City Manager to sign a contract with Zuercher Technologies for the purchase and acquisition of services and equipment related to the new Police Records Management System (Chief Caponera). Anna Police Department was awarded a grant in the amount of $139,397 to purchase a new records management system for the tracking of case reports and to comply with new federal regulations on reporting crime data. Council approved a resolution authorizing the City Manager to enter into a Inter -local purchasing agreement with the City of Desoto, Texas on August 14th to "piggy back" off the pricing for the same platform. The License and Software Agreement is the final piece needed so the Police Department can move forward with this project. The License and Software Agreement has been reviewed and approved as to form by City Attorney Clark McCoy. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF ANNA AND ZUERCHER TECHNOLOGIES FOR THE PURCHASE AND ACQUISITION OF SERVICES, EQUIPMENT AND SOFTWARE NECESSARY FOR THE MOTION: Council Member Miller moved to approve the consent agenda. Council Member Bryan seconded. Motion carried 6-0. 6. (A) Conduct a public hearing to consider public comments regarding the consideration of an amendment to the Zoning Ordinance to classify a new use not described (Dog Grooming). (B) Consider/Discuss/Action on an amendment to the Zoning Ordinance to classify a new use not described in the Zoning Ordinance (Dog Grooming). In the C-1 zoning, a new and unlisted use of Dog Grooming is being proposed for addition. The proposal for the addition for this specific use stems from a letter of intent from Bow Wow Boutique a request to occupy a building on 811 S. Interurban for use as a Dog Grooming facility for their business. The property is currently zoned C-1 for commercial use. It is the belief of the Planning department that Dog Grooming would be an appropriate use within C-1 zoning given the following parameters. • Dog Grooming shall be defined as a retail establishment where dogs are housed within the building while services specific to grooming take place. • A retail section may be allowed for the sale of grooming products, leashes, collars, tags, toys, treats, etc. • No outside storage or kenneling shall be allowed. • If the business is within a single -use building (with no other tenants), they may have a screened/fenced in area for the dogs to relieve themselves while waiting to be groomed. All dogs must be supervised at all times and on a leash while outside of the building. • If the business is within a building with any additional tenants, all pet grooming activities shall be conducted within the building and there will be no allowance for dog clean-up stations or designated relief areas surrounding the building or parking lots. • Dogs shall be required to be on a leash while entering and exiting the building. The current applicants are planning on having three grooming stations, six indoor kennels, and a small retail section for treats, toys, and grooming products. They are expected to have a total of four employees. Mayor Pike opened the public hearing at 7:29 p.m. Danielle Corman-Chapa, 2801 Adams, Melissa TX spoke in favor of the zoning change. Mayor Pike closed the public hearing at 7:29 p.m. AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING THE ANNA CITY CODE OF ORDINANCES PART III -C, ZONING ORDINANCE, TABLE 5 OF APPENDIX 2, AND APPENDIX 3; PROVIDING FOR A DEFINITION AND FOR ZONING PROVISIONS FOR A NEW, SPECIFIC USE FOR DOG GROOMING; PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A PENALTY CLAUSE NOT TO EXCEED $2000 OR THE HIGHEST PENALTYAMOUNT ALLOWED BY LAW, WHICHEVER IS LESS; AND, PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. MOTION: Council Member Bryan moved to approve. Council Member Toten seconded. Motion carried 6-0. 7. Consider/Discuss/Action on a Resolution approving a site and landscape plan for Mudpies Dog Grooming Facility located at 811 S. Interurban St. Danielle Chapa, representative of the property, has submitted a site and landscape plan for Mudpies Dog Grooming Facility located at 811 S. Interurban St. The site contains approximately 1 acre of land that is zoned C-1. They plan to add additional office space and a dog grooming business to an existing 1,799 square foot, one- story building. They have proposed to provide an alternative live screening wall to comply with the zoning requirement for a six foot masonry wall adjacent to the surrounding, single-family properties. The Planning and Zoning Commission recommended approval of the site and landscape plan including the living screen. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A SITE PLAN AND LANDSCAPE PLAN OF MUDPIES DOG GROOMING FACILITY. MOTION: Council Member Bryan moved to approve. Council Member Toten seconded. Motion carried 6-0. 8. Consider/Discuss/Action regarding a Resolution authorizing execution of an Agreement to Contribute Right of Way Funds for the Texas Department of Transportation's (TxDOT) State Highway 5 Reconstruction Project. (Joseph Johnson) The Texas Department of Transportation (TxDOT) has proposed an estimated $70 million project to reconstruct and widen State Highway (SH) 5 from SH 121 to County Road (CR) 375 in the Cities of Anna and Melissa in Collin County, Texas. The project will expand SH 5 to a four -lane divided urban roadway with 18 to 42 - foot wide raised center medians, curb and gutter, turn lanes at designated locations, and includes bicycle and pedestrian facilities. Utility relocation is expected to begin in phases between 2019 and 2021 with road construction beginning in 2021. At the February 13, 2018 meeting of City Council, staff provided a briefing on the SH 5 project and a Resolution was authorized affirming the City Council's support for the project. The Resolution was then presented to TxDOT at the Public Hearing for the project that occurred on May 10, 2018. The Texas Administrative Code (TAC), Title 43, Part 1, Chapter 15, Subchapter E requires that local governments provide all necessary right-of-way and utility adjustment for State Highway projects within a City's incorporated area. Alternatively, the City may request that the State assume responsibility for right-of- way acquisition and utility adjustment and may enter into a fixed price joint participation agreement. Under such an agreement the City contributes a percentage of the estimated cost for the right-of-way acquisition and utility adjustment. Under the proposed Agreement, the City of Anna's cost participation is $1,066,519.90. Funding is available for the Project in the City of Anna 2018 Certificate of Obligation issue. This project aligns with the City's adopted Strategic Plan Goal of Building Transportation Infrastructure with the specific subgoal of cooperating with the Texas Department of Transportation on the reconstruction of State Highway 5. A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT TO CONTRIBUTE RIGHT OF WAY FUNDS (FIXED PRICE) IN SUPPORT OF THE RECONSTRUCTION OF STATE HIGHWAY 5 FROM STATE HIGHWAY 121 TO COUNTY ROAD 375 BY THE TEXAS DEPARTMENT OF TRANSPORTATION. MOTION: Mayor Pike moved to approve. Council Member Tutson seconded. Motion carried 6-0. 9. Consider/Discuss/Action Regarding a Resolution Reviewing and Amending the City's Investment Policy (Dana Thornhill) The Public Funds Investment Act (PFIA) states that the City Council should annually review its investment policy and investment strategies. Among other things, the Investment Policy stipulates the following primary investment objectives: 1. Preservation and safety of principal 2. Liquidity 3. Public Trust 4. Yield The recommended changes to the Investment Policy include the following: Annual Review- Add the section of the PFIA which state the Investment Policy and the Statement of Investment Strategy are to be reviewed on annual basis. Authorized Investment- Add language to reflect all Certificates of Deposits will be issued by a depository institution that has its main office or a branch office in the state of Texas • Authority to I nvest - Adds the Accountant I I as an additional I nvestment Officer and adds language to reflect the section of the PFIA that stipulates the required training for Investment Officers • Investment Committee - Removes the Finance/Budget Analyst as a member of the Investment Committee and adds the Accountant I I position A RESOLUTION REVIEWING AND AMENDING THE INVESTMENT POLICY OF THE CITY OF ANNA. MOTION: Council Member Beazley moved to approve. Council Member Tutson seconded. Motion carried 6-0. 10. Consider/Discuss/Action on an Ordinance Amending the FY 2018 Budget. (Dana Thornhill) The proposed budget amendment includes funding for the following purposes: General Fund • Capital Improvement Streets - This line item will be reduced by $363,271 in order to transfer funds out to the Capital Improvement Projects Fund to allow additional capital projects for streets to be completed in the FY 2019. • Transfer Out - This line item will be increased by $363,271 as stated previously to complete capital improvements to streets in FY2019. Community Development Corporation - • Economic Development Grant Expense - Increase by $42,781 due to increased funds needed to meet incentive agreement obligations. A detailed summary of the proposed budget amendment is included in the Ordinance. 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 Beazley moved to approve. Council Member Miller seconded. Motion carried 6-0. 11. Consider/Discuss/Action regarding a resolution for project procurement and request for proposal on new municipal facilities project. (City Manager Proce) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, REGARDING CONSTRUCTION MANAGER AT RISK SERVICES; REJECTING ALL PREVIOUS PROPOSALS FOR CONSTRUCTION MANAGER AT RISK SERVICES FOR A NEW MUNICIPAL COMPLEX; AUTHORIZING ADVERTISING AND NOTICE OF NEW REQUEST FOR PROPOSALS AND DELEGATING AUTHORITY UNDER CHAPTER 2269 OF THE GOVERNMENT CODE FOR PROJECT PROCUREMENT FOR CONSTRUCTION OF PUBLIC FACILITIES; PROVIDING AN EFFECTIVE DATE. MOTION: Council Member Miller moved to approve. Council Member Tutson seconded. Motion carried 6-0. 12. Consider/Discuss/Action on TML IEBP Region 13 Board of Trustee Election. (Stephanie Beitelschies) MOTION: Council Member Beazley nominated Judy Garza. Council Member Miller seconded. Motion carried 6-0. 13. 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); city facilities; acquisition of easements c. Discuss or deliberate personnel matters (Tex. Gov't Code §551.074); Council appointments. d. 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); possible incentive agreements with property developers; pending negotiations on development agreements. I= 14. Consider/Discuss/Action on any items listed on the posted agenda or any closed session occurring during this meeting, as necessary No action. 15. Adjourn. Mayor Pike adjourned the meeting at 7:53 p.m. r Approved on h% 9 daV6O fber, 2018. G Mayor Nate Pike ATTEST: City Secretary Carrie L. Smith