HomeMy WebLinkAbout2024-05-14 Work Session & Regular Meeting MinutesCity Council Work Session
Meeting Minutes
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Anna Tuesday, May 14, 2024 @ 5:30 PM
Anna Municipal Complex - Council Chambers
120 W. 7th Street, Anna, Texas 75409
The City Council of the City of Anna met in a Closed Session on 5/14/2024 at 5:30 PM,
in the Anna Municipal Complex - Council Chambers, located at 120 W. 7th Street, to
consider the following items.
1. Call to Order, Roll Call, and Establishment of Quorum.
Mayor Pike called the meeting to order at 5:31 PM.
Members Present:
Mayor Nate Pike
Mayor Pro Tern Lee Miller
Council Member Kevin Toten
Council Member Elden Baker
Council Member Pete Cain
Members Absent:
None
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).
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).
d. Discuss or deliberate personnel matters (Tex. Gov't Code §551.074).
Boards and Commissions
MOTION: Mayor Pike moved to enter closed session. Council Member
Toten seconded. Motion carried 5-0.
Mayor Pike recessed the meeting at 5:32 PM.
Mayor Pike reconvened the meeting at 6:01 PM.
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 taken.
4. Adjourn.
Mayor Pike adjourned the meeting at 6:01 PM.
Approved on the 28'h day of May
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ATTEST: � Mayor Pete Cain
City Secretary Carrie L. Land
Regular City Council Meeting
Meeting Minutes
Anna Tuesday, May 14, 2024 @ 6:00 PM
Anna Municipal Complex - Council Chambers
120 W. 7th Street, Anna, Texas 75409
The City Council of the City of Anna met on 5/14/2024 at 6:00 PM in the Anna Municipal
Complex -Council Chambers, located at 120 W. 7th Street, to consider the following items.
1. Call to Order, Roll Call, and Establishment of Quorum.
Mayor Pike called the meeting to order at 6:01 PM.
Members Present:
Mayor Nate Pike
Mayor Pro Tern Lee Miller
Deputy Mayor Pro Tern Randy Atchley
Council Member Kevin Toten
Council Member Stan Carver
Council Member Elden Baker
Council Member Pete Cain
Members Absent:
None
2. Invocation and Pledge of Allegiance.
Mayor Pike led the Invocation and Pledge of Allegiance.
3. Neighbor Comments.
Robbie Sell spoke about the erosion that they are experiencing in
Northpointe Crossing's north ravine.
4. Reports.
5. Consent Items.
MOTION: Council Member Toten moved to approve items 5 a.-d. Council
Member Cain seconded. Motion carried 7-0.
a. Approve City Council Meeting Minutes for April 23, 2024. (City Secretary
Carrie Land)
b. Review minutes for the November 13, 2023, December 11, 2023, January
29, 2024, and February 29, 2024, Parks Advisory Board Meetings. (Director
of Neighborhood Services Marc Marchand)
C. Approve a Resolution authorizing the City Manager to execute purchase
orders in an amount not to exceed $250,000 to Wopac Construction for full -
depth asphalt street maintenance on Riggins Street, Amoret Circle, James
Street, and 2nd Street. (CIP Manager Justin Clay)
The City has completed multiple water and sanitary sewer infrastructure
improvements in the downtown area, including within these road corridors.
Now that the underground utility improvements are complete, it is the proper
time to reconstruct the roadways in poor condition.
The Downtown Master Plan identifies Amoret Circle, Second Street, and
Riggins Street as part of the core district of the downtown area. The Public
Works Street Department has identified these streets as needing repair.
The City completes annual street maintenance projects for streets within
the City which are in the worst condition, based upon an annual review of
pavement condition and available funding.
Funding for the Downtown Infrastructure Improvements project was
appropriated in the FY2024 Community Investment Program budget in the
amount of $5.33 million from the Infrastructure Investment Fund (Street
Maintenance Sales Tax) and American Recovery Act funding. The
estimated cost of this contract is $250,000.
A RESOLUTION OF THE CITY OF ANNA, TEXAS, AUTHORIZING THE
CITY MANAGER TO EXECUTE PURCHASE ORDERS FOR THE
REHABILITATION OF DOWNTOWN STREETS, INCLUDING: AMORET
CIRCLE, WEST SECOND STREET FROM JAMES STREET TO AMORET
CIRCLE, AND NORTH RIGGINS FROM FM 455 TO 4TH STREET TO
WOPAC CONSTRUCTION, INCORPORATED IN THE AMOUNT NOT TO
EXCEED TWO HUNDRED AND FIFTY THOUSAND DOLLARS AND
ZERO CENTS ($250,000.00); AND PROVIDING FOR AN EFFECTIVE
DATE.
d. Approve a Resolution authorizing the City Manager to execute an
agreement for professional services for the design of the Hurricane Creek
Sanitary Sewer Trunk Line - Northern Extension project. (Assistant City
Manager Greg Peters, P.E.)
The City of Anna Wastewater Master Plan includes a large diameter trunk
sewer main along Hurricane Creek to the northern City Limit.
The City of Anna is seeking to begin design of the next phase of the
extension of the trunk sewer main along Hurricane Creek. The continued
high growth rate of the community is necessitating this project timeline to
be accelerated in order to meet sanitary sewer demand.
This trunk main will provide sewer access for properties located west of US
75 in the northern portion of the City. This project will provide gravity sewer
for the Liberty Hills Development and other future adjacent developments
in the area. In addition, the trunk main will provide a connection point for the
City of Van Alstyne, which will be contracting with the City of Anna for
wastewater treatment and transport. The partnership with Van Alstyne will
allow the City of Anna to more economically serve the growing Anna
community with wastewater treatment and transmission.
The City will work with the design team to accelerate the project schedule
so the project may move into the construction phase as soon as possible.
The design is estimated to take 6 to 9 months, with construction funding to
be allocated in the FY2024-2025 CIP.
Funding for the Hurricane Creek Sewer Line North project (Design) was
appropriated in the FY2024 Community Investment Program budget from
the Wastewater Impact Fees Fund. The estimated cost of this contract is
$6709500.
A RESOLUTION OF THE CITY OF ANNA, TEXAS, AUTHORIZING THE
CITY MANAGER TO EXECUTE A PROJECT SPECIFIC AGREEMENT
WITH KIMLEYHORN FOR THE DESIGN OF THE HURRICANE CREEK
TRUNK SEWER — NORTHERN EXTENSION, IN THE AMOUNT NOT TO
EXCEED SIX HUNDRED SEVENTY THOUSAND FIVE HUNDRED
DOLLARS ($670,500.00).
6. Items For Individual Consideration.
a. Conduct a Public Hearing/Consider/Discuss/Action on an Ordinance to
rezone 34.7± acres for a multifamily and commercial development generally
located at the northwest corner of W. Foster Crossing Road and future S.
Ferguson Parkway. (Planning Manager Lauren Mecke)
At the March 4, 2024, Planning & Zoning Commission meeting, the
recommendation of the zoning request was for denial with a vote of 6-0. In
accordance with Article 9, Section 9.02(c) of the Home Rule Charter, a vote
of three -fourths of the Council members present, or four votes, whichever
is greater, is required to overrule a recommendation of the Commission that
a proposed zoning amendment, supplement, or change be denied.
The applicant requested to zone the subject property to the MF District on
one lot for multi -family dwellings, SF-20.0 District on one lot for a dog park
or other privately owned public amenity, & C-1 District for retail and
restaurants. The applicant did not request variances from Article 9 Planning
& Development of the City of Anna Code of Ordinances.
The request has been partially modified after the Planning & Zoning
Commission hearing by removing a portion of the original request which
contained C-1 and Agricultural (AG) District zoning. The portion removed is
now a separate agenda item - a pre -annexation development agreement.
The pre -annexation development agreement is a companion item which
was considered separately.
Request to rezone 34.7± acres for a multifamily and commercial
development from Planned Development (Ord. No. 2002-27A) to Multi -
Family Residential (MF) District, Single -Family Residential (SF-20.0)
District, & Local Commercial (C-1) District.
The request for MF District is not in conformance with the Anna 2050 Future
Land Use Plan while the request for C-1 District and SF-20 District zoning
is in conformance with the Anna 2050 Future Land Use Plan.
Mayor Pike opened the public hearing at 6:09 PM.
Gretchen Stewart, Manny Singh, Heather Molsbee, Edward Culham, and
Jim Luscombe all spoke in opposition to this item.
Marita Schell, Becky Lindstrom Ross, Leslie Luscombe, and Sammy
Stephenson all spoke in favor of this item.
Mayor Pike closed the public hearing at 6:37 PM.
MOTION: Council Member Carver moved to approve. Mayor Pro Tern
Miller seconded. Motion carried 5-2. Motion failed due to needing a Super
Majority Vote. Council Member Toten, and Deputy Mayor Pro Tem Atchley
opposed.
b. Consider/Discussion/Action on a Pre -Annexation Development Agreement
on 1.1 +/- acres located at the northwest corner of W. Foster Crossing
Boulevard and future Ferguson Parkway. (Planning Manager Lauren
Mecke)
This item is contingent upon the Jefferson Foster Crossing zoning case. If
the Jefferson Foster Crossing zoning case is approved, this item is
recommended for approval. If the Jefferson Foster Crossing zoning case is
denied, it is recommended for the City Council to take no action on this item.
The applicant requested to enter into a Pre -annexation agreement with the
city in order to adopt development regulations and development standards
for 1.1± acres generally located adjacent to future Ferguson Parkway on
the north side of W. Foster Crossing Boulevard. This item is a companion
to the previous zoning item. If approved, the 1.1 acre tract would be included
in the Concept Plan for the Jefferson Foster Crossing development.
MOTION: Mayor Pike moved to take no action. Mayor Pro Tern Miller
seconded. Motion carried 7-0.
C. Consider/Discuss/Action on a Resolution approving a Concept Plan for
Jefferson Foster Crossing. (Planning Manger Lauren Mecke)
This item is to consider approval of a Concept Plan for multi -family dwellings
and a commercial development on 35.8± acres generally located at the
northwest corner of W. Foster Crossing Road and future S. Ferguson
Parkway.
The Concept Plan is associated with the previous zoning case and pre -
annexation development agreement. This item is contingent upon approval
of the zoning case and the pre -annexation development agreement. The
purpose for the Concept Plan is to show the conceptual layout and related
site improvements and locations associated with the future multi -family &
commercial development.
The Concept Plan complies with the zoning district's area regulations as
requested by the zoning case and pre -annexation development agreement.
MOTION: Mayor Pro Tern Miller moved to take no action. Council Member
Toten seconded. Motion carried 7-0.
d. Consider/Discuss/Action on a resolution approving a Development
Agreement with Liberty 800, LP, Liberty 75, LP, The Thornton Family Trust,
Janis Real Estate, LLC, and Jay P. and Irene C. Janis. (Interim Director of
Economic Development Bernie Parker)
Over the past few months, staff has been working with Old Prosper Partners
and our financial consultants and legal counsel to develop a Development
Agreement. Four hundred acres of the land owned by Old Prosper Partners
(OPP) is within the ETJ. Below are some highlights:
• Creation of a Public Improvement District and Tax Increment
Reinvestment Zone;
• Creation of a Commercial Corridor along Interstate 75
• Higher Residential Construction Standards
• Addition of Major Infrastructure on the West Side of 75
• City will collect PID fees as per the City's PID policy at the amount of
$6.4 Million;
• City will dedicate 50% of the TIRZ tax increment reinvestment zone for
this development;
• Agreement confirms limitation of lot sales to institutional investors; and
• Offers a pathway for the annexation of properties within Anna's
Extraterritorial Jurisdiction (ETJ) that are part of this development upon
meeting all requirements stipulated in this agreement.
MOTION: Mayor Pro Tern Miller moved to take no action. Deputy Mayor
Pro Tem Atchley seconded.
MOTION: Mayor Pro Tern Miller amended his previous motion and moved
to table until the next council meeting. Deputy Mayor Pro Tern Atchley
seconded. Motion carried 3-4. Council Member Toten, Council Member
Baker, Council Member Cain, and Mayor Pike opposed. Motion failed.
MOTION: Mayor Pike moved to approve. Council Member Baker
seconded. Motion carried 5-2. Mayor Pro Tern Miller, and Deputy Mayor
Pro Tern Atchley opposed.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE
LIBERTY HILLS DEVELOPMENT AGREEMENT WITH LIBERTY 800, LP,
LIBERTY 75, LP, THE THORNTON FAMILY TRUST, JANIS REAL
ESTATE, LLC, AND JAY P. AND IRENE C. JANIS, RELATING TO
DEVELOPMENT OF PROPERTY FOR A MIXED USE DEVELOPMENT
e. Consider/Discuss/Action on a resolution approving a Development
Agreement with Rockhill Contracts I, LLC. (Interim Director of Economic
Development Bernie Parker)
Over the past few months, staff worked with ROCKHILL CONTRACTS I,
LLC and our financial consultants and legal counsel to develop a
Development Agreement for an 83 Acre Residential Development off of
HWY 5. Below are some highlights:
• Part of Commercial and Multifamily Development along HWY 5.
• Higher Residential Construction Standards.
• CR 371 and West Crossing Blvd Roadway Improvements.
• Creation of a Public Improvement District
• City will collect PID fees as per the City's PID policy at the amount of
$1.1 Million;
• Agreement confirms limitation of lot sales to institutional investors.
MOTION: Deputy Mayor Pro Tern Atchley moved to approve. Council
Member Carver seconded. Motion carried 7-0.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE COX
TRACT DEVELOPMENT AGREEMENT WITH ROCKHILL CONTRACTS I,
LLC, RELATING TO DEVELOPMENT OF PROPERTY FOR A MIXED USE
DEVELOPMENT
f. Consider/Discuss/Action on Canvass of General and Special May 4, 2024
elections. (City Secretary Carrie Land)
A general and special election was held on May 4, 2024.
A canvass is a mandatory, ministerial duty. City Council shall convene to
conduct the local canvass not later than the 11 th day after Election.
Section 67.004 of the Election Code provides that the presiding officer of
the canvassing authority shall note the completion of the canvass in the
minutes or in the recording required by Section 551.021 of the Government
Code:
Mayor - Three Year Term
Pete Cain 913 58.05%
Randy Atchley 660 41.96%
City Council, Place 1 - Three Year Term
Bryan Heath 597 40.23%
Kevin Toten 887 59.77%
City Council, Place 2 - One Year Term
Jody Bills 780 53.68%
LaMarr Dillingham 133 9.15%
Todd Engels 540 37.16%
City Council Place 4 - One Year Term
Tom Longmire 345 23.28%
Kelly Herndon 657 44.33%
Bruce Norwood 480 32.39%
MOTION: Mayor Pike moved to approve. Council Member Toten
seconded. Motion carried 7-0.
AN ORDINANCE OF THE CITY OF ANNA, TEXAS CANVASSING THE
RETURNS OF A GENERAL ELECTION OF A MAYOR AND ONE CITY
COUNCIL PLACE FOR THREE-YEAR TERMS EXPIRING MAY 2027 AND
A SPECIAL ELECTION OF TWO CITY COUNCIL PLACES FOR
UNEXPIRED ONE-YEAR TERMS EXPIRING MAY 2025.
g. Consider/Discuss/Action on an Ordinance Ordering a Run-off Election for
June 15, 2024. (City Secertary Carrie Land)
Under Texas law, if a candidate does not receive enough votes to be
elected in an election requiring a majority vote, a runoff election is required
for the candidates who receive the highest and second -highest number of
votes.
In accordance with Article 5, Section 5.04(a) of the Charter of the City of
Anna, Texas, a runoff election is required if no candidate for a City elective
office receives a majority of the votes cast.
There will be a run-off election for Place 4. Voters will elect either Kelly
Herndon or Bruce Norwood on June 15. The run-off election only includes
the candidates who received the top two vote totals. One other candidate
also ran but will not appear on the ballot in the run-off election.
The City of Anna City Council is required to order such a runoff election not
later than the fifth day after the final canvass of the main election is
completed.
Saturday, June 15, 2024, from 7 a.m. to 7 p.m.
Anna voters will elect a City Council member for Place 4.
Important Dates
Last day to register to vote: May 16
Early Voting: Monday, June 3 through Tuesday, June 11 (schedule)
Last day to accept applications for ballot by mail: Tuesday, June 4
Election Day: Saturday, June 15 from 7 a.m. to 7 p.m.
MOTION: Council Member Carver moved to approve. Mayor Pro Tern
Miller seconded. Motion carried 7-0.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANNA,
TEXAS, ORDERING A RUNOFF ELECTION TO BE HELD ON JUNE 15,
2024, FOR THE PURPOSE OF ELECTING ONE CITY COUNCIL
MEMBER; DESIGNATING POLLING PLACES; ORDERING NOTICES OF
ELECTION TO BE GIVEN; AUTHORIZING EXECUTION OF ELECTION
CONTRACTS; PROVIDING A REPEALING CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
h. Consider/Discuss/Action on appointments to the 2024 Boards and
Commissions Interview Committee. (City Secretary Carrie Land)
The Interview Committee consists of three Council Members to review
Boards and Commissions appointments. They are to review applications,
conduct interviews and bring appointment recommendations to the City
Council. Members also recommend appointments throughout the year to fill
vacancies.
The following board members terms expire in Mav 2024:
Choya Morrison Board of Adjustment
Jody L Bills Board of Adjustment VACANCY
Michelle Y Clemens Planning and Zoning Commission VACANCY
Douglas J Hermann Planning and Zoning Commission
David Nylec Planning and Zoning Commission
Dallen Morgan Diversity and Inclusion Advisory Commission VACANCY
Elijah Nelms Diversity and Inclusion Advisory Commission
Yoshanda Sims Diversity and Inclusion Advisory Commission
Ronald Kerr Economic Development Corporation: Community
Development Corporation Boards
Rocio Gonzalez Economic Development Corporation: Community
Development Corporation Boards
Bruce Norwood Economic Development Corporation: Community
Development Corporation Boards
Eirik A Hansen Parks Advisory Board VACANCY
Jeff Reece Parks Advisory Board
Andrew Michrina Parks Advisory Board
The City Secretary's Office received 34 applications for various boards and
commissions.
MOTION: Council Member Toten moved to appoint himself, Council
Member Cain, and Council Member Baker. Council Member Baker
seconded. Motion carried 4-3. Council Member Carver, Mayor Pro Tem
Miller, and Deputy Mayor Pro Tern Atchley opposed.
7. 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).
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).
d. Discuss or deliberate personnel matters (Tex. Gov't Code §551.074).
Boards and Commissions
No closed session.
8. 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 taken.
9. Adjourn.
Mayor Pike adjourned the meeting at 7:58 PM.
ATTEST:
1913
City Secretary Carrie L. Land
proved on the 28th day of May 2024
Pete Cain