HomeMy WebLinkAbout2019-04-09 Work Session & Regular Meeting MinutesANNACITYCOUNCIL
MINUTES
WORK SESSION
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 6:30 p.m.
Council Member's Beazley and Reeves were 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). Consultant Contract, Meeting Procedures, zoning ordinance
b. Discuss or deliberate the purchase, exchange, lease, or value of real property
(Tex. Gov't Code §551.072); city facilities; acquisition of easements
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.
d. Discuss or deliberate personnel matters (Tex. Gov't Code §551.074); City
Attorney Annual Review; Boards and Commissions
MOTION: Council Member Tutson moved to enter closed session. Council
Member Miller seconded. Motion carried 4-1. Bryan opposed.
Mayor Pike recessed the meeting at 6:33 p.m.
Mayor Pike reconvened the meeting at 7:16 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.
None.
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 7:16 p.m.
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City Secretary Carrie L. Smith
23, 2019.
ANNA CITY COUNCI L
MINUTES
REGULAR SESSION
April 9, 2019
1. Call to Order/Roll Call and Establishment of Quorum
Mayor Pike called the meeting to order at 7:16 p.m.
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.
Chase Wantland -expressed concerns with the Massage business off FM 455.
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 goveming 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. New Police Officers Swearing -In Ceremony (Lt. Copin)
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.
a. Approve City Council Meeting Minutes:
March 14, 2019
March 16, 2019
March 19, 2019
March 26, 2019
b. Review minutes of the March 4, 2019 Planning and Zoning Meeting. (Maurice
Schwanke)
c. Approve a Resolution approving the Gonzalez Development Plat. (Maurice
Schwanke)
The development plat for your approval is located within Anna's extra territorial
jurisdiction and is located on the South side of FM 2862. The tract is in the
James Fisher Survey, Abstract No. 305 and contains 30.649 acres of land.
The owner is proposing to put a new home on the property. The submittal
meets the City of Anna development plat requirements.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE
GONZALEZ DEVELOPMENT PLAT
d. Approve a Resolution approving the One Anna Two Addition Final Plat.
(Maurice Schwanke)
The One Anna Two Addition Final Plat is located in the W. S. Rattan Survey,
Abstract No. 752 and Thomas Rattan Survey, Abstract No. 782. The plat
contains approximately 23.914 acres covering a section of land West of
Highway 75 and North of the future Suzie Lane that will consist of 3 lots. A
drainage letter is attached.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A
FINAL PLAT OF ONE ANNA TWO ADDITION.
e. Approve a Resolution approving the PPROM Concrete Recycling
Development Plat. (Maurice Schwanke)
The development plat for your approval is located within Anna's extra territorial
jurisdiction and is generally known as 4745 FM 2862. The tract is in the Mark
Roberts Survey, Abstract No. 742 and contains 34.485 acres of land. The
owner is proposing to build a Concrete Recycling facility that will include an
office, parking, maintenance and repair shop, and a trailer for an additional
office. We do not have any land use control in the ETJ, however we want to
point out that the proposed buildings are being built within the floodplain -Zone
A. Regardless, the submittal meets the City of Anna development plat
requirements.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE
PPROM CONCRETE RECYCLING DEVELOPMENT PLAT
f. Approve a Resolution approving the Robertson Estates Minor Plat. (Maurice
Schwanke)
The minor plat for your approval is located within Anna's extra territorial
jurisdiction and is located off of the North side of County Road 424. One of
the proposed lots within the plat has an address of 6959 County Road 424.
The tract is in the John Rowland Survey, Abstract No. 784 and contains
24.166 acres in total. The son of one of the owners of the property, Cody
Robertson, has submitted a Minor Plat to create 4 lots on the property instead
of 3 and to transfer some land between the owners for an access to a lot. This
submittal meets the City of Anna requirements.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE
ROBERTSON ESTATES MINOR PLAT
g. Approve a Resolution approving the West Crossing Phase 8, 10, & 12
Preliminary Plat. (Maurice Schwanke)
The West Crossing Phase 8, 10, & 12 preliminary plat contains 49.916 acres
located in the Henry Brantly Survey, Abstract No. 71 and the G. Morrison
Survey, Abstract No. 559. This tract is located on the Southeast corner of
Rosamond Pkwy and West Crossing Blvd, just North of West Crossing
Phase 6. The preliminary plat is for 222 residential lots and 3 HOA lots. The
tract of land is zoned as a Planned Development allowing for Single Family
Residential Homes with a minimum lot size of 6,000 S F and 7,200 S F.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A
PRELIMINARYPLAT OF WEST CROSSING PHASE 8, 10, & 12.
h. Approve Acting City Manager Designation. (Jim Proce)
MOTION: Council Member Bryan moved to approve the consent agenda. Council
Member Miller seconded. Motion carried 5-0.
6. Briefing/Discussion regarding the FY 2020 Budget Calendar (Dana
Thornhill)
7. Consider/Discuss/Action regarding approval of Resolution authorizing
nomination of a Texas Department of Transportation (TxDOT),
Transportation Alternatives Set -Aside Program Project. (Joseph Johnson)
Staff has identified a sidewalk/trail project that is eligible for the Texas Department
of Transportation (TxDOT), Transportation Alternatives Set -Aside Grant Program.
The sidewalk/trail project being proposed would provide new connectivity at FM
455 for pedestrians and bicycle traffic between important community destinations
like schools, neighborhoods, employment centers, shopping, and recreational
areas. Additionally, the project would allow pedestrians to cross under FM 455
allowing pedestrians/cyclists a safer alternative to crossing FM 455 at -grade. Our
engineering group (Hayter Engineering) has provided a cost estimate for the project
and total construction costs are anticipated to be approximately $743,386. If
awarded, the City's financial obligation would be to:
I . Provide a cash match covering 20% of the construction cost ($148,680). The
cash match would be required over the course of construction and would not be a
pre -project lump sum.
2. Cover engineering costs for survey, design, and environmental review ($96,640).
3. Pay an administration/management fee to TxDOT equaling 15% of construction
costs ($111,508).
The total estimated cost to the City for this $951,534 project would be
approximately $356,828, effectively 35% of the total estimated cost. If the project
is awarded, the City is not obligated to accept funds, but not accepting them could
lower chances for future funding opportunities. The project, if awarded, will be
funded from Park Fees collected and deposited in the Park Trust Fund.
Alternatively, funding could be requested from Collin County by submitting the
project for the portion of the Collin County 2018 Bond allocated for parks -related
projects.
Preliminary applications are due April 12, 2019 with detailed applications due by
August 15, 2019. Projects are expected to be awarded in December 2019.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND
AUTHORIZING NOMINATION OF A TEXAS DEPARTMENT OF
TRANSPORTATION, TRANSPORTATION ALTERNATIVES SET-ASIDE
PROGRAM PROJECT.
MOTION: Council Member Toten, moved to approve. Council Member Bryan
seconded. Motion carried 5-0.
8. Consider/Discuss/Action regarding an Ordinance adopting the 2019 Water
Conservation Plan and the 2019 Water Resource and Emergency
Management Plan. (Joseph Johnson)
The Texas Commission on Environmental Quality (TCEQ) governs the
development of water conservation plans for municipal uses by public water
suppliers under Title 30, Chapter 288, Subchapter A, Section 288.2 of the Texas
Administrative Code (TAC). A water conservation plan is a strategy or combination
of strategies for reducing the volume of water withdrawn from a water supply
source, for reducing the loss or waste of water, for maintaining or improving
efficiency in the use of water, and for increasing the recycling and reuse of water.
The TCEQ also governs the development of drought contingency plans (also
Water Resource and Emergency Management Plan) under Title 30, Chapter 288,
Section 288.20 of the TAC. The purpose of a drought contingency plan is to create
and implement a strategy for temporary supply and demand management
responses to temporary and potentially recurring water supply shortages and other
water supply emergencies.
The TAC requires that the plans be updated at least once every five years. Over
the past several months, staff has worked closely with North Texas Municipal Water
District (NTMWD) and the Greater Texoma Utility Authority (GTUA) to develop the
draft plans. The City's plan must closely follow the GTUA plan which, in turn, follows
the NTMWD plan.
AN ORDINANCE ADOPTING THE 2019 WATER CONSERVATION PLAN
AND THE 2019 WATER RESOURCE AND EMERGENCY MANAGEMENT
PLAN FOR THE CITY OF ANNA, TEXAS TO PROMOTE RESPONSIBLE
USE OF WATER AND TO PROVIDE FOR PENALTIES AND/OR THE
DISCONNECTION OF WATER SERVICE FOR NONCOMPLIANCE WITH
THE PROVISIONS OF THE WATER CONSERVATION PLAN.
MOTION: Mayor Pike moved to approve. Council Member Bryan seconded.
Motion carried 5-0.
9. Discuss/Consider/Action on a Resolution establishing the official name of
what was once commonly know as Sherley Field to Sherley Heritage
Park. (Maurice Schwanke)
The Parks Board is recommending to the City Council that the area that was
Sherley Field to be more accurately named Sherley Heritage Park as the area does
have the historical Anna Depot located on it and there will be future improvements
and additions that will lend itself to this name. The Parks Board and staff have been
unofficially referring to the property as Sherley Heritage Park.
A RESOLUTION OF THE CITY OF ANNA, RENAMING SHERLEY FIELD TO
SHERLEY HERITAGE PARK.
MOTION: Council Member Miller moved to approve. Council Member Toten
seconded. Motion carried 5-0.
10. Consider/Discuss/Action on an Ordinance Amending FY 2019 Budget.
(Maurice Schwanke)
At previous City Council meetings it has been discussed and the staff has been
instructed to proceed with improvements to the Sherley Heritage Park as shown on
the attached park concept plan. Those improvements include a pavilion, trails, a
train track, a playground, improved bathroom facilities and lowering (burying) of the
power lines on the west side of the park. Additionally, a replica Collin McKinney
house is to be recreated. To facilitate moving this into reality, a budget amendment
is necessary to move forward. We have received cost estimates for the pavilion
($134,000), the playground ($140,000), the restroom improvements ($11,000) the
underground power lines ($55,000), and the tracks ($30,000). A subsequent budget
amendment will be needed for the remaining items once the critical items have
been constructed, which can be done at a later date suitable to the City Council.
Constructing improvements at Sherley Heritage Park has been identified as a an
action item under Goal 3: Making Anna a Great Place to Live, from the to -be
approved City of Anna Strategic Plan 2019-2024.
AN ORDINANCE AMENDING ORDINANCE NO. 783-2018 ADOPTING THE
BUDGET FOR THE 2018-2019 FISCAL YEAR; PROVIDING FOR SAVINGS,
SEVERABILITY, AND REPEALING CLAUSES; PROVIDING FOR AN
EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE
CAPTION HEREOF AND AUTHORIZING THE CITY MANAGER TO
EXECUTE NECESSARY PURCHASE AGREEMENTS.
MOTION: Council Member Toten moved to approve. Council Member Tutson
seconded. Motion carried 5-0.
11. A. Conduct Public Hearing on adopting an ordinance amending the
Juvenile Curfew Law (208-2005) (Lt. Copin)
B. Consider/Discuss/Action adopting an ordinance amending the Juvenile
Curfew Law (208-2005) (Lt. Copin)
I n 2005, the City adopted an ordinance that governed juvenile curfew. Per state law,
every third year following the adoption of the ordinance, the City must hold a public
hearing and establish the need for its continuance. At that time, the council may
choose to abolish, continue, or modify the ordinance accordingly. If none of the
above occur, the ordinance automatically expires.
The renewal of this ordinance was scheduled to occur in December 2017. With the
changes in city administration that occurred during that time, this ordinance was
overlooked, and therefore expired.
Because the ordinance expired, we must hold a public hearing on whether or not
the ordinance should be reinstated. Based on the increase in juvenile crimes during
the time periods listed in the ordinance, we believe it is in the best interest of public
safety to reinstate this ordinance with the revised provisions.
Mayor Pike opened the public hearing at 7:53 p.m.
No comments.
Mayor Pike closed the public hearing at 7:53 p.m.
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 Miller moved to approve. Council Member Bryan
seconded. Motion carried 5-0.
12. Consider/Discuss/Action on an Ordinance authorizing TMRS Restricted
Prior Service Credits (RPSC) (Jim Proce)
Revise City of Anna Ord: 809-2019 to show effective date of May 1, 2019. TMRS
requested that we revise the effective date as the first of the month. The prior action
had an immediate effective date.
Restricted Prior Service Credit
Establishing Restricted Prior Service Credit (RPSC) helps employees reach
vesting and retirement eligibility sooner. Only the service time is counted under
RPSC. Employees/retirees do not receive any monetary credit (no buyback is
involved).
To be eligible to get Restricted Prior Service Credit, the City must offer this option.
RSPC may be established if you have previous full-time employment with any of
these entities:
• A public authority or agency created by the U.S. government
• A U.S, state or territorial government
• Any political subdivision of any state in the U.S.
• Any public agency or authority created by a state or territory of the U.S.
• Any law enforcement entity that employed you as a college campus security
employee at a Texas institution of higher education
• Any of the Statewide Proportionate Retirement Systems in which you have
refunded your account
The benefits to the City of providing this option to employees and to prospective
employees are as follows:
• The City would be in alignment with most TMRS agencies in the region that
provide this option as part of their retirement plan, ensuring that we can remain
competitive in the recruitment market
• It can be used as a recruitment tool, to attract folks who would otherwise
pass on Anna, since they can get this benefit at other TMRS cities.
• It can be used as employee retention tool, to keep existing employees from
going to other agencies with the intent to acquire service credits to reach the
20 year threshold sooner.
AN ORDINANCE AUTHORIZING AND ALLOWING, UNDER THE ACT
GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM,
RESTRICTED PRIOR SERVICE CREDIT TO EMPLOYEES WHO ARE
MEMBERS OF THE SYSTEM FOR SERVICE PREVIOUSLY PERFORMED
FOR VARIOUS OTHER PUBLIC ENTITIES FOR WHICH THEY HAVE NOT
RECEIVED CREDITED SERVICE; AND ESTABLISHING AN EFFECTIVE
DATE FOR THE ORDINANCE.
MOTION: Mayor Pike moved to approve. Council Member Tutson seconded.
Motion carried 5-0.
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). Consultant Contract, Meeting Procedures, zoning ordinance
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 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.
d. Discuss or deliberate personnel matters (Tex. Gov't Code §551.074); City
Attorney Annual Review, Boards and Commissions
None.
14. Consider/Discuss/Action on any items listed on the posted agenda or any
closed session occurring during this meeting, as necessary
None.
15. Adjourn.
Mayor Pike adjourned the meeting at 7:59 p.m.
of• A A pr ed n e April 23, 2019.
u.
"'Mayof Nate Pike
ATTEST:TVQLj
City Secretary Carrie L. Smith