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HomeMy WebLinkAbout2018-08-14 Work Session & Regular Meeting MinutesANNA CITY COUNCIL MINUTES WORK SESSION August 14, 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. 1. Call to Order, Roll Call and Establishment of Quorum Mayor Pike called the meeting to order at 6:43 p.m. Council Member Reeves was absent. 2. Briefing/Discussion regarding a proposed project to add a City logo to the Hackberry Elevated Storage Tank. (Joseph Johnson) 3. Discussion on requiring residential solid waste customers to bag their trash. At the last city council meeting, a discussion ensued related to requiring residents to bag their trash prior to placing it in their city issued trash receptacle. This discuss grew out of concerns related to trash trucks leaking waste onto city roadways as well as odor and litter control. Based on council's direction, staff is recommending an ordinance change to, Part II General Ordinance Section 6 -Garbage and Refuse Setvice, to include specific language that requires residents to bag their trash prior to placing it in the city issued polycart receptacle. Staff has provided language for the council's consideration below: 6.06 Containers to be kept sanitary and secure: All solid waste placed in the city issued residential po/ycart container must be contained in either plastic or paper bags to prevent odors and to prevent the contents from blowing out of the container when the container is being emptied. Staff was directed to explore other options. 4. 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 ); City ordinance compliance, Municipal Court of Record. 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. MOTi ON: Council Member Miller moved to enter closed session. Council Member Bryan seconded. Motion carried 6-0. Mayor Pike recessed the meeting at 7:06 p.m. Mayor Pike reconvened the meeting at 7:30 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. 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 for any City Council meeting occurring on the same date as the meeting noticed in this agenda. No Action 6. Adjourn. There being no further business before the Council, we will consider this meeting adjourned at _____ p.m. Mayor Pike adjourned the meeting at 7:30 p.m. .. ATTEST: <1.~2dfd City Secretary Carrie L. Smith Appro wd nthe u st28,2018. ,,,1111111111,,,, · ,,,, ,,, ~-.--~~~~~~-~~---" ~, / ! ·, ........ . ~ate Pike ~(j~*. ·. -a~ ..... . . , , = : ~ ~ :: . . ~ :: • • = ;.*~ :*~ -. . -~ . . ~ ~ ~ : ~ ~ * ·•. ..· * s ~ ······· -~ ,,.✓;✓,,, -,.EXP.. S ,,,,," 111111,1111111111'''' ANNA CITY COUNCIL MINUTES REGULAR SESSION August 14, 2018 1. Call to Order/Roll Call and Establishment of Quorum Mayor Pike called the meeting to order at 7:31 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 infonnation in response to a citizen's inquiry or to recite existing policy in response to the inquiry. William Morgan, requested Council adopt the effective tax rate. He opposed the layout of Ferguson Parkway and suggested it be moved further east. Mayor Pike stated that he and staff met with the Luscombe's and are looking at other options for the road way. 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; infonnation 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; infonnation 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. Interim City Manager Schwanke recognized Financial Director Thornhill for all her hard work on the budget and for receiving the Government Financial Officer's Association award. Council Member Tutson thanked the fire and police departments for their outstanding services. He noted his daughter Tomia was voted top athlete in the news for 2018. Council Member Reeves thanked the fire and police department for going above and beyond to save his family and house after a house fire. 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. Consent Items F and G were removed. Consent I tern H was deleted. MOTi ON: Council Member Beazley moved to approve a, b, c, d, and e. Council Member Tutson seconded. Motion carried 7-0. a. Approve City Council Meeting Minutes for July 24, 2018. (City Secretary) b. Approve a Resolution for the City Manager to authorize a request by the police chief to purchase (1) Faro 3D Crime Scene Mapping and Photograph System. (Chief Caponera) The Faro 3D Crime Scene Mapping and Photograph System was a requested supplemental budget item for the FY 19 Budget. Council approved a budget reallocation to purchase this equipment in FY 18. Per our purchasing policy, any purchase over $50,000 must be approved by Council. This purchase is $59,997.54 and will be purchased from FARO, Incorporated using the GSA Purchasing Cooperative. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO PURCHASE A FARO 3D CRIME SCENE MAPPING SYSTEM AND ACCESSORY ITEMS FROM FARO TECHNOLOGIES, INCORPORATED THROUGH THE GSA COOPERATIVE PURCHASING SYSTEM. c. Approve a resolution authorizing the City Manager to enter into a Inter-local Agreement between the City of Anna and North Central Texas Council of Governments for the purposes of obtaining 9-1-1 data for distribution to Hyper-Reach. (Chief Caponera) This ILA allows the NCTCOG to release pertinent 9-1-1 data to the City of Anna and its third party vendor -Hyper-Reach -for the purposes of establishing a baseline database for emergency communications. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF ANNA AND NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS (NCTCOG). d. Authorize the City Manager to solicit bids for the 2018 Annual Street Rehabilitation Project. (Joseph Johnson) The current fiscal year budget includes funds for the annual rehabilitation of existing asphalt streets. Staff has worked with our engineering group to develop plans for drainage improvements to Easton, 4th, 3rd and 2nd streets including asphalt replacement for 4th and Easton streets. This project was originally scheduled for 2017 but was delayed a year so that design could continue and appropriate funding would be available to complete both the paving and the drainage improvements. The Project is expected to cost approximately $211,000. Funding is available for the project in excess of this amount in the Capital Improvements -Streets line item. Additional streets may be added to the project as an alternate bid. e. Approve a resolution approving the "Milam Addition" development plat. (Maurice Schwanke) The property is located within Anna's extra territorial jurisdiction and is generally known as 9967 Twin Creeks Circle. The tract is in the Ezra Shelby Survey, Abstract No. 839 and contains 1.627 acres of land. The owner is filing the plat to approve the 1 O' x 25' building and other additions to an existing structure that he already built on the property. The submittal meets the City of Anna development plat requirements. f. Consider/Discuss/Act: Request City Council's consideration and any action regarding 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 allow the Police Department to utilize surplus military property at no cost to the City and authorize the City Manager to execute same. (Chief Caponera) This item is required to update our agreement in the LESO program (formerly known as 1033 program). This annual renewal must be completed to continue our involvement in the program. 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. MOTi ON: Council Member Bryan moved to approve. Council Member Toten seconded. Motion carried 7-0. g. Approve a resolution authorizing the City Manager to enter into an Inter-Local Agreement for Cooperative Purchasing with the City of Desoto, Texas for the purchase of the police records management solution (Chief Caponera). The police department received grant funding in the amount of $139,427.00 to purchase a new records management solution to replace its existing antiquated system (CrimeStar). The Police Department RMS committee looked at several options and determined that the solution by Zuercher Technologies would be the best option. The City of DeSoto recently purchased the solution through Zuercher Technologies through their competitive bid process. The Police Department contacted the City of DeSoto purchasing/finance and they agreed to allow Anna to "piggy back" on their existing contract through a cooperative purchasing Inter-local Agreement as authorized by Chapter 791 of the Texas Government Code and Subchapter F, Chapter 271 of the Texas Local Government Code, specifically Section 271.102. This request helps further the City's Strategic Plan of creating collaborative partnerships with other entities and by promoting fiscal responsibility and transparency. The I LA has been reviewed by the City Attorney and was approved as to form. 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 CITY OF DESOTO, TEXAS FOR COOPERATIVE PURCHASING AS AUTHORIZED BY SECTION 271.102 OR THE TEXAS LOCAL GOVERNMENT CODE. MOTi ON: Council Member Beazley moved to approve. Council Member Bryan seconded. Motion carried 7-0. h. Consider/Discuss/Act: On a resolution authorizing the City Manager to enter into an Inter-Local Agreement for Cooperative Purchasing with the City of Desoto, Texas for the purchase of the police records management solution (Chief Caponera). Item was deleted from agenda. 6. Consider/Discuss/Action regarding a Resolution naming the date and place of a public hearing on the FY2018-2019 budget. (Dana Thornhill) Section 7 .02 of the City Charter states that on or before the 15th day of August of the fiscal year, the City Manager must submit to the City Council a budget for the ensuing fiscal year; and at the Council meeting when the budget is submitted, the City Council must name the date and place of the public hearing on the budget. Staff recommends approval of the attached Resolution that sets September 4, 2018 at 6:30 p.m. as the date and time for the public hearing on the FY 2018-2019 budget, said hearing to be held in the City Council Chambers of the Municipal Building located at 111 N. Powell Parkway in Anna, Texas. The Resolution further directs that notice of the time and place of the public hearing be published in the official newspaper of the City as required in Section 7.05 of the Charter. A RESOLUTION OF THE CITY OF ANNA, TEXAS, NAMING THE DATE AND PLACE OF A PUBLIC HEARING ON THE FY 2018-2019 BUDGET. MOTi ON: Council Member Beazley moved to approve. Council Member Bryan seconded. Motion carried 7-0. 7. Presentation of the proposed FY 2018-2019 Budget. (Dana Thornhill) 8. Consider/Discuss/Action regarding a Resolution naming the maximum tax rate the Council may adopt for the 2018 tax year and setting dates and times for public hearings on the tax rate. (Dana Thornhill) Each year after properties are appraised by the Collin County Appraisal District the Collin County Tax Office calculates both the effective tax rate and the rollback tax rate for the City of Anna as part of the service to collect taxes for the City. The following definitions are provided from the Texas Comptroller's Office: Effective tax rate: The effective tax rate is a calculated rate that would provide the taxing unit with about the same amount of revenue it received in the year before on properties taxed in both years. If property values rise, the effective tax rate will go down and vice versa. Rollback tax rate: The rollback rate provides the taxing unit with about the same amount of tax revenue it spent the previous year for day-to-day operations, plus an extra 8 percent increase for those operations, in addition to sufficient funds to pay debts in the coming year. If a taxing unit adopts a tax rate higher than the rollback rate, voters in the taxing unit can circulate a petition calling for an election to limit the size of the tax increase. The proposed budget is supported by a tax rate of $0.601288 which is equivalent to the current tax rate. Since the tax rate recommended to fund the proposed budget exceeds the effective tax rate, the Council must give notice of its intent to consider an "increase" in taxes and set the times and places for the two required public hearings. The following table is a comparison between the proposed tax rate, last year's rate, the effective rate and roll-back rate. Proposed FY 2018 Tax Rate $0.601288 per $100 Preceding FY2017 Tax Rate $0.601288 per $100 Effective Tax Rate $0.5364 78 per $100 Rollback Tax Rate $0.624613 per$100 The effective tax rate is lower than the current rate because the value of properties taxed in both years has increased. Approval of the attached Resolution would set $0.601288 as the maximum rate the Council will consider after the required public hearings. The Council may adopt any rate lower than the rate voted on tonight, but not higher. The Resolution also calls for the public hearings to be held on August 28th at 7:30 P.M. and on September 4th at 6:30 P.M. The public hearing notice will run in the Anna Melissa Tribune on August 16th. The budget and tax rate are scheduled for adoption at the September 12th Council meeting. Since the proposed tax rate is higher than the effective rate, section 26.05 of the Texas Tax Code requires a minimum of 60% of the Council members to vote in favor of that rate. That would require at least 5 Council members to vote in favor of the proposed tax rate. A RESOLUTION OF THE CITY OF ANNA, TEXAS NAMING THE MAXIMUM TAX RATE THE COUNCIL MAY ADOPT FOR THE 2018 TAX YEAR AND SETTING THE DATES AND TIMES FOR PUBLIC HEARINGS ON THE TAX RATE MOTION: Mayor Pike moved to approve. Council Member Tutson seconded. Motion carried 6-1. Miller opposed. 9. Consider/Discuss/Action on an Ordinance defining Junked Vehicles. (Clark McCoy) The City has a junked vehicle ordinance prohibiting persons from placing inoperable vehicles on public or private property. In the past, determining whether a vehicle met the definition of a junked vehicle could depend on whether it had a current inspection sticker. Texas is now a "single sticker" state with respect to the required window decals and inspection stickers are no longer issued. This ordinance amends the Anna Code to change the sticker requirement to a registration sticker. AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING THE ANNA CITY CODE OF ORDINANCES PART II, ARTICLE 8, SUBSECTION 1.18 GENERAL DEFINITIONS RELATED TO JUNKED VEHICLES; PROVIDING FOR SAVINGS, SEVERABILITY, AND REPEALING CLAUSES; AFFIRMING VALIDITY OF PAST ACTIONS; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. MOTi ON: Council Member Beazley moved to approve. Council Member Bryan seconded. Motion carried 7-0. 10. First Public Hearing on a voluntary annexation of a 9.752-acre tract of land located in the Joseph Schluter Survey, Abstract 856. (Maurice Schwanke) This annexation involves approximately 9.752 acres of land within the Joseph Schluter, Abstract No. 856. The area involves the third phase of Lakeview Estates and is located east of Ferguson Parkway and south of Rattan Elementary. The tract is owned by P&R Anna Realty, LLC. The P&R Anna Realty has petitioned the City requesting the annexation (voluntary). A second public hearing will be held during the regular City Council Meetings on September 11th. A final vote on the annexation would be scheduled on September 11 th after the public hearing. Prior to the adoption of the annexation ordinance the City will need to enter into an agreement on services to the area. Mayor Pike opened the public hearing at 9:48 p.m. No comments. Mayor Pike closed the public hearing at 9:48 p.m. 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 ); City ordinance compliance and Municipal Court of Record. 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 §551.07 4 ); 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. MOTi ON: Council Member Bryan moved to enter closed session. Council Member Tutson seconded. Motion carried 7-0. Mayor Pike closed the meeting at 9:50 p.m. Mayor Pike opened the regular session at 11 :35 p .m. 12. Consider/Discuss/Action on any items listed on the posted agenda or any closed session occurring during this meeting, as necessary No Action 13. Adjourn. Mayor Pike adjourned the meeting at 11 :35 p.m. •,~t~~st28, 2018. ;n:4 ATTEST: ~L2d>k✓di City Secretary Carrie L. Smith CITY OF ANNA SPEAKER SIGN-IN FORM WELCOME TO THE ANNA CITY COUNCIL MEETING! • Those wishing to address the City Council are asked to complete this form. Please present the form and ten (10) copies of any written notes or handouts to the City Secretary prior to the Regular meeting . Groups wishing to address the same issue are encouraged to select a spokesperson . • The Presiding Officer will ask those wishing to address the City Council to do so at the appropriate time. Please approach the speaker's stand, state your name and address for the record , and discuss the specific agenda item or topic of interest. Please direct your comments only to the Presiding Officer. Note : With the exception of public hearings, the City is not required by law to allow for citizen comment. Please be courteous and refrain from language or behavior that is disorderly or disruptive to the conduct of City business. • Although the City Council cannot take specific action on Citizens' Comments on items not on the Regular Agenda due to legal requirements, the City Council may: 1. Have the item placed on a future agenda for action; 2. Refer the item to the full City Council or a subcommittee for further study; 3. Refer the item to staff for study or conclusion. We appreciate your interest in the community and hope you will visit again soon. ******-***-***"""***-***-*-*****-**--**-*Please Print"*****-********_*_*-"""""""***-"""***-***"""***-**** Date: B-14-/-B Address: City/State/Zip:. _ __,_k;__,__Vv__,_().___ ___ _ __ CITIZENS' COMMENTS: This item is available for citizens to speak on any subject including items on the agenda that are not Public Hearing items. However, by State law, no action may be taken on the topic. The time limit is three minutes per speaker, not to exceed a total of fifteen minutes for all speakers. Note that the three-minute time limit applies to each speaker regardless of the number of items the speaker may choose to discuss. PLEASE PROVIDE THE TOPIC(S) YOU WILL DISCUSS UNDER THE "CITIZENS ' COMMENT" ITEM : __ PUBLIC HEARING Agenda Item # __ n:;_?/2_6 (/ 5 i)A.} __ I wish to speak IN FAVOR of this item . v'!wish to speak IN OPPOSITION to this item. __ I do not wish to speak. Please record my ___ SUPPORT OPPOSITION . --- Additional Comments: January 18, 2018 Council Speaker Sign-In Sheet CITY OF ANNA SPEAKER SIGN-IN FORM WELCOME TO THE ANNA CITY COUNCIL MEETING! • Those wishing to address the City Council are asked to complete this form. Please present the form and ten (10) copies of any written notes or handouts to the City Secretary prior to the Regular meeting. Groups wishing to address the same issue are encouraged to select a spokesperson. • The Presiding Officer will ask those wishing to address the City Council to do so at the appropriate time. Please approach the speaker's stand, state your name and address for the record, and discuss the specific agenda item or topic of interest. Please direct your comments only to the Presiding Officer. Note: With the exception of public hearings, the City is not required by law to allow for citizen comment. Please be courteous and refrain from language or behavior that is disorderly or disruptive to the conduct of City business. • Although the City Council cannot take specific action on Citizens' Comments on items not on the Regular Agenda due to legal requirements, the City Council may: 1. Have the item placed on a future agenda for action; 2. Refer the item to the full City Council or a subcommittee for further study; 3. Refer the item to staff for study or conclusion. We appreciate your interest in the community and hope you will visit again soon. *****""""**irl<****1rlrl<********irl<"""'**"""*""***-**irl<*PleasePrint""*************-***""--***-*********""***-**** Name: u_,,/ t l o. ""-tll O rw:i ,t\ Dale: s/i '-1 I i!-o l 'if Address: 'u:::/L q ffe._/ /1-1 0 IY..v\ ½ // $ ~a:: City/State/Zip: A,, ('lCt --rx 7 S,~,D 2 ..¼_ CITIZENS' COMMENTS: This item is available for citizens to speak on any subject including items on the agenda that are not Public Hearing items. However, by State law, no action may be taken on the topic. The time limit is three minutes per speaker, not to exceed a total of fifteen minutes for all speakers. Note that the three-minute time limit applies to each speaker regardless of the number of items the speaker may choose to discuss. PLEASE PROVIDE THE TOPIC(S) YOU WILL DISCUSS UNDER THE "CITIZENS' COMMENT" ITEM: ___ PUBLIC HEARING Agenda Item# __ _ __ I wish to speak IN FAVOR of this item. __ I wish to speak IN OPPOSITION to this item. __ I do not wish to speak. Please record my ___ SUPPORT --- Additional Comments: OPPOSITION. January 18, 2018 Council Speaker Sign-In Sheet