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Home My WebLink About2019-07-23 Work Session & Regular Meeting MinutesANNACITYCOUNCIL MINUTES WORK SESSION July 23, 2019 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 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). Development Fees; Law Enforcement Services. 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. MOTION: Council Member Beazley moved to enter closed session. Council Member Vollmer seconded. Motion carried 6-0. Mayor Pike recessed the meeting at 6:34 p.m. Mayor Pike reconvened the meeting at 7:28 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 7:28 p.m. oV IIA,N,,��,�i', v •�IVI ATTEST: ~' * .••' TEA O,aAA- axe ��/fffllllllillt\N\\ 1 City Secretary Carrie L. Smith :d n th u st 13, 2019. Nate Pike ANNACITYCOUNCIL MINUTES REGULAR SESSION July 23, 2019 1. Call to Order/Roll Call and Establishment of Quorum Mayor Pike called the meeting to order at 7:30 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. Eldon Baker announced a dedication celebration for the train depot will be held September 21. 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 goveming 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 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. The police and fire departments will be hosting the Battle of the Badges blood drive Friday, July 26th and Saturday, July 27th. 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 for July 9, 2019. (Carrie Smith) b. Review minutes of the May 16, 2019 Economic Development Corporation Special Meeting. C. Review minutes of the June 20, 2019 Economic Development Corporation Special Meeting. d. Review minutes of the May 16, 2019 Community Development Corporation Special Meeting. e. Review minutes of the June 20, 2019 Community Development Corporation Special Meeting. Approve a Resolution Authorizing the City Manager to continue the Police Department's partnership in the TXLESO (1033) Program (Chief Caponera) The Law Enforcement Support Office (LESO) or LESO Program, facilitates 10 US Code 2576a, which originated from the National Defense Authorization Act of Fiscal Year 1997. This law allows transfer of excess Department of Defense property (equipment) that might otherwise be destroyed to law enforcement agencies across the United States and its territories. No equipment is purchased for distribution. All items were excess which had been turned in by military units or had been held as part of reserve stocks until no longer needed. Since its inception, the program has transferred more than $6.9 Billion worth of property. In Fiscal Year 2018, $276 Million worth of property (based on initial acquisition cost) was transferred to law enforcement agencies. Requisitions cover the gamut of items used by America's military -- clothing and office supplies, tools and rescue equipment, vehicles, rifles, and other small arms. Of all the excess equipment provided through the program, only five percent are small arms and less than one percent are tactical vehicles. More than 8,000 law enforcement agencies have enrolled in the program. Anna has been enrolled in this program since 2018 and would like to continue to be a partner. A RESOLUTION OF THE CITY OF ANNA, TEXAS GRANTING APPROVAL OF THE APPLICATION FOR PARTICIPATION IN THE LAW ENFORCEMENT SUPPORT OFFICE (LESO) PROGRAM WITH DEFENSE LOGISTICS AGENCY AND APPROVAL OF THE STATE PLAN OF OPERATIONS WITH THE STATE OF TEXAS TO UTILIZE MILITARY SURPLUS PROPERTY AT NO COST TO THE CITY AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME. g. Approve 5k Fun Run and 1 K Wheelchair Push at Slayter Creek Park on September 7, 2019 Sponsored By Pate Rehabilitation. (Ashley Stathatos) Pate Rehabilitation is planning a 5K Fun Run and 1 K Wheelchair Push at Slayter Creek Park on September 7, 2019. The route for the 5K Fun Run starts at the parking lot near the high school stadium, then goes along Rosamond to West Crossing Boulevard to Hackberry Lane to the hike and bike trail to Slayter Creek Park. The route for the 1 k Wheelchair Push is along the baseball fields. Agenda Items 6. Consider/Discuss/Action regarding a Resolution authorizing an Agreement for the annual audit services (Dana Thornhill) The City Charter and the Texas Local Government Code require that the City have an annual audit performed by an independent certified public accountant. In June, Finance staff issued a request for qualifications for audit services and received responses from 3 audit firms located throughout Texas. The committee, consisting of four staff members and one Council Member, has evaluated the proposals and is recommending that the City enter into an agreement with Weaver and Tidwell, L.L.P. for audit services. The agreement is for a 2 -year term with the option to renew for three additional years. Weaver and Tidwell L.L.P. demonstrated the highest degree of qualifications and competency. Weaver and Tidwell has experienced staff with a broad knowledge and many years of experience. Weaver and Tidwell L.L.P. has many clients of various sizes and has received the Comprehensive Annual Financial Report (CAFR) for a vast number of cities. They will also provide Finance staff year-round consultation and advice. We believe Weaver and Tidwell, L.L.P. will provide the greatest knowledge and service of all responding firms. A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT FOR AUDIT SERVICES MOTION: Council Member Miller moved to approve. Council Member Bryan seconded. Motion carried 6-0. 7. Consider/Discuss/Action Award of Bid and Execution of Contract for Hackberry Water Tower Lighting (Steven Smith) The Hackberry Elevated Storage Tank (EST) Lighting Project is located near the northeast corner of US 75 and FM 455. At the January 22, 2019, City Council Meeting, the City Council approved a resolution authorizing the City Manager to solicit competitive sealed proposals for the Hackberry Elevated Storage Tank Lighting Project. The lighting project will provide illumination of the City of Anna logos installed on the Hackberry EST. On July 11, 2019, City Staff with engineering consultant Birkhoff, Hendricks, Carter (BHC), opened sealed bids. The City received two bids (Exhibit 5 and Exhibit 6). The low bidder is Texas of All Tech Electric, LLC with a bid of $110, 579.59. BHC and City Staff recommends that the City Council approve the award of bid to Texas of All Tech Electric, LLC, and have the City Manager execute a contract with Texas of All Tech Electric, LLC for the construction of the lighting project. Funding is available for the project in the Water & Sewer Capital Project Non -Bond Fund; said funds being assigned for this purpose. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE AWARD OF BID AND FOR THE CITY MANAGER TO EXECUTE A CONTRACT WITH TEXAS OF ALL TECH ELECTRIC, LLC, FOR THE HACKBERRY ELEVATED STORAGE TANK LOGO LIGHTING PROJECT. MOTION: Council Member Toten moved to approve. Council Member Bryan seconded. Motion carried 6-0. 8. Consider/Discuss/Act on a Resolution authorizing Council Members to attend the TMLAnnual Conference and Exhibition. (City Council) The City Council has 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 Annual Conference and Exhibition in San Antonio October 9-11. The TML Annual Conference includes workshops on current municipal issues and provides participants opportunities to discuss challenges, solve problems, and share successes with their peers. A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING COUNCIL MEMBERS TO ATTEND THE 2019 TML ANNUAL CONFERENCE AND EXHIBITION. MOTION: Mayor Pike moved to nominate John Beazley, Josh Vollmer and Lee Miller to attend the three day conference with other Council Members as alternates. Council Member Bryan seconded. Motion carried 6-0. 9. Consider/Discuss/Action - Ordinance Amending the FY 2018-2019 Budget to allow the Police Department to use State Seizure funds to purchase a policy management/training platform. (Chief Caponera) This request meets the goal of Creating a High Performing Professional City as set forth in Goal 4 of the City's Strategic Plan. It also satisfies the commitment made by the Police Department to complete a review and revision of the police policy and procedures manual. 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. MOTION: Council Member Miller moved to approve. Council Member Bryan seconded. Motion carried 6-0. 10. Discuss/Consider/Act on seventh agreement amending the subdivision improvement agreement for Anna Crossing. (Ashley Stathatos) This is the seventh agreement amending the subdivision improvement agreement for Anna Crossing. In 2015, Anna Crossing started construction. Over the last five years, the amount builders have paid in impact fees has risen from $2,000 for water impact fees, $2,000 for sewer impact fees and $1,350 for roadway impact fees to $4,510 for water impact fees and $4,079 for sewer impact fees for new project phases, and $2,526 for roadway impact fees for all phases. Water impact fees and sewer impact fees for older project phases are locked in at lower fees based on plat approval. Skorburg has requested the water impact fees and sewer impact fees be locked in at $3,200, the amount adopted by the City Council in April 2017. They have requested the roadway impact fees be locked in at $1,849.50, the amount adopted by the City Council in June 2019. Typically, the State provides for the fees being set upon the filing, approval or adoption of the final plat. In the original Skorburg development agreement, this condition was an exception for which we do not know the intent. Skorburg made this request to lock in the fees because their pro forma was based off lower fees, they wanted to be in alignment with typical State law and the higher fees create a market issue making it difficult to get builders to purchase the lots. They, also, requested the commercial impact fees be based off the same ordinances, April 2017 for water and sewer impact fees, and June 2018, for roadway impact fees. These fees are lower than the current fees but high enough to still have businesses talk to the city before developing. These can still be negotiated dependent upon the desire of the Council at the time of development. In return for locking Anna Crossing in at the requested rate, Skorburg has agreed to adhere to our building regulations, in particular, our building material requirements in the zoning ordinances applicable to the property. As you know, the recent HB2439 adopted by the Texas State Legislature has provided developers, builders, remodelers, and owners relief from adhering to architectural standards and building materials requirements effective September 12 2019. This action if approved, will protect the integrity and design of these subdivisions protecting the aesthetics and standards desired. MOTION: Council Member Vollmer moved to approve. Council Member Miller seconded. Motion carried 5-1. Council Member Toten opposed. 11. 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). Development Fees; Law Enforcement Services. 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. None. 12. Consider/Discuss/Action on any items listed on the posted agenda or any closed session occurring during this meeting, as necessary None. 13. Adjourn. Mayor Pike adjourned the meeting at 8:14 p.m. CIIrirNrrr��', Approv o e Gg 13, 2019. .� o(..AN l Cir • '•Mayr Nate Pike ATTEST: = 7E X City Secretary Carrie L. Smith