HomeMy WebLinkAbout2024-06-25 Regular Meeting MinutesRegular City Council Meeting
Meeting Minutes
THE CITY OF
Anna Tuesday, June 25, 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 6/25/2024 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 Cain called the meeting to order at 6:00 PM.
Members Present:
Mayor Pete Cain
Mayor Pro Tern Stan Carver II
Deputy Mayor Pro Tern Elden Baker
Council Member Kevin Toten
Council Member Jody Bills
Council Member Randy Atchley
Council Member Lee Miller
Members Absent:
None
2. Invocation and Pledge of Allegiance.
Deputy Mayor Pro Tem Baker led the Invocation and Pledge of Allegiance.
3. Neighbor Comments.
No comments given.
4. Reports.
a. Recognition of outgoing Council Member Randy Atchley. (City Manager
Ryan Henderson)
Recognition of Randy Atchley and his service towards the City of Anna.
b. City Secretary to administer the Oath of Office to newly Elected Council
Member Kelly Herndon. (City Secretary Carrie Land)
The City Secretary administered the Oath of Office to Newly elected Council
Member Place 4 Kelly Herndon, and she took her seat at the dais.
Mayor Pro Tern Carver gave a shout out to Anna Police Department,
Sheriffs Department, and Plano Bomb Squad for their quick response and
bravery. Announced Boots and Booms this Saturday, June 29th, and
thanked City Staff for redirecting construction traffic.
Moved back to Item 5.a.
5. Work Session.
a. Receive a staff presentation on Capital Improvement Plan Updates for
roads in the City of Anna, Texas. (Assistant City Manager Greg Peters,
P.E.)
The City is responsible for managing the design and construction of
roadway improvement projects in the City of Anna. Roadway improvement
projects include the expansion of existing roads with additional lanes, the
replacement of existing roads in poor condition, and the construction of new
roads.
Staff provided a presentation on the status of capital roadway projects,
including completed projects, active projects, and proposed projects to
receive funding in FY24- 25.
Moved to Reports for announcements by Mayor Pro Tern Carver.
6. Consent Items.
MOTION: Council Member Herndon moved to approve Consent Items 6.a.-g.
Council Member Toten seconded. Motion carried 7-0.
a. Approve City Council Meeting Minutes for June 11, 2024 and June 20,
2024. (City Secretary Carrie Land)
b. Review Minutes of the May 9, 2024, Joint Community Development
Corporation and Economic Development Corporation Board Meetings.
(Director of Economic Development Bernie Parker)
C. Review Monthly Financial Report for the Month Ending May 31, 2024.
(Budget Manager Terri Doby)
d. Approve a Resolution authorizing the City Manager to execute a Contract
with WSB for the material testing of the Hurricane Creek Wastewater
Interceptor Phase 1 Project. (CIP Manager Justin Clay)
WSB was selected as an approved vendor as part of the City's
multidisciplinary RFQ process and has a Master Agreement with the City of
Anna for material testing services.
The quote provides the material testing for the Hurricane Creek Wastewater
Interceptor project. The scope includes concrete testing, density proctors,
Atterberg limits testing, and reporting. Material testing is necessary to
ensure the contractor is meeting all installation requirements and providing
the City with proper installation of the sewer line and sewer structures.
Initial funding for the Hurricane Creek Sewer Line North project was
appropriated in the FY2024 Community Investment Program budget from
the Wastewater Impact Fee Fund. Additionally, revenue bonds are being
issued in August to fund construction of this necessary project. The
estimated cost of material testing for this project will not exceed $70,000.00.
A RESOLUTION OF THE CITY OF ANNA, TEXAS, AUTHORIZING THE
CITY MANAGER TO EXECUTE A CONTRACT WITH WSB
ENGINEERING FOR MATERIALS TESTING ON THE HURRICANE
CREEK WASTEWATER INTERCEPTOR PHASE ONE PROJECT IN AN
AMOUNT NOT TO EXCEED SEVENTY THOUSAND DOLLARS AND
ZERO CENTS. ($70,000.00); AND PROVIDING FOR AN EFFECTIVE
DATE.
e. Approve a Resolution authoring the City Manager to execute a
Memorandum of Agreement with Anna Group, LLC, for the acquisition of
sanitary sewer easements necessary for the construction of the Hurricane
Creek Trunk Sewer project. (CIP Manager Justin Clay)
The Hurricane Creek Wastewater Interceptor Line is shown on the
Wastewater Master Plan, and is a critical infrastructure project for the
community.
The City negotiated the terms of purchase for multiple sanitary sewer
easements with Anna Group, LLC. The easements are required for the
construction of a capital improvement sanitary sewer expansion project.
The Hurricane Creek Interceptor line will be constructed in the proposed
easements, extending city sewer access to large areas on the west side of
US 75.
Initial funding for the Hurricane Creek Sewer Line North project was
appropriated in the FY2024 Community Investment Program budget from
the Wastewater Impact Fee Fund. Additionally, revenue bonds are being
issued in August to fund construction of this necessary project. The
estimated cost of these easements shall not exceed $81,072.00.
A RESOLUTION OF THE CITY OF ANNA, TEXAS, AUTHORING THE
CITY MANAGER TO EXECUTE A MEMORANDUM OF AGREEMENT
FOR THE PURCHASE OF PERMANENT AND TEMPORARY
EASEMENTS OWNED BY ANNA GROUP LLC, LOCATED ALONG FM
455.
f. Approve a Resolution approving a Preliminary Limited Offering
Memorandum for the Sale of "City of Anna, Texas Special Assessment
Revenue Bonds, Series 2024 (Meadow Vista Public Improvement District
Improvement Area #1 Project) (Director of Economic Development Bernie
Parker)
On September 26, 2023, the City Council passed and approved Resolution
No. 2023- 09-1558 authorizing the establishment of the District in
accordance with the PID Act, which authorization was effective upon the
date the resolution was adopted in accordance with the provisions as
required by the PID Act.
The Preliminary Limited Offering Memorandum (PLOM) for the City of Anna,
Texas, Special Assessment Revenue Bonds, Series 2024 (Meadow Vista
Public Improvement District Improvement Area #1 Project) is submitted in
preparation for the sale of the bonds as contemplated in the development
agreement and PID creation documents.
The City will receive approximately $595,000 in PID fees, with the remaining
amount being used as a credit to the developer for constructing the off -site
Hackberry Drive extension.
RESOLUTION APPROVING A PRELIMINARY LIMITED OFFERING
MEMORANDUM FOR THE SALE OF "CITY OF ANNA, TEXAS SPECIAL
ASSESSMENT REVENUE BONDS, SERIES 2024 (MEADOW VISTA
PUBLIC IMPROVEMENT DISTRICT IMPROVEMENT AREA #1
PROJECT)"
g. Approve a Resolution approving the Anna Community Development
Corporation's amendment to its 2023-2024 Fiscal Year Budget. (Director of
Economic Development Bernie Parker)
In 2022, the City Council and CDC-EDC Board held a joint workshop, and
identified property acquisition in downtown as a priority.
On June 20th, CDC considered a resolution to amend the Community
Development budget.to support land acquisition in the downtown area.
Amend the FY2024 Community Development Corporation budget.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA,
TEXAS APPROVING AN AMENDMENT TO THE FISCAL YEAR 2023-24
BUDGET FOR THE ANNA COMMUNITY DEVELOPMENT
CORPORATION
7. Items For Individual Consideration.
a. Conduct a Public Hearing/Consider/Discuss/Action on an Ordinance to
rezone 0.22± acres located at the southwest corner of W. 4th Street & S.
Powell Parkway from Commercial (C-1) District within the Thoroughfare
(THOR) Overlay District to Downtown Core (DT/CE). (Planning Manager
Lauren Mecke)
The applicant is proposing to rezone the property to the Downtown — Core
(DT/CE) District to allow for future development which is in line with the
Anna 2050 Downtown Master Plan for the Downtown Core District. The
request is in conformance with the Anna 2050 Future Land Use Plan.
The applicant is requesting to rezone the property to Downtown (DT) District
zoning.
The intent of the Downtown (DT) District is to:
1. Implement the Anna 2050 Downtown Master Plan adopted by City
Council;
2. Facilitate pedestrian -oriented, mixed -use, urban infill development
providing shopping, employment, housing, and business and
personal services;
3. Promote an efficient, compact, and walkable development pattern;
4. Encourage pedestrian activity while reducing reliance on
automobiles; and
5. Allow developers flexibility in land use and site design.
Surrounding Land Use and Zoning
North Across W. 4th St, restaurant zoned PD (Ord. No. 313-2007)
East Single-family detached dwelling zoned C-1
South Vacant zoned C-1
West Across S. Powell Pkwy, Brew Pub and Personal Service Shop
zoned C-1
Future Land Use Plan
The subject property is situated within the Downtown Core District. In the
Anna 2050 Downtown Master Plan, the property is identified as a Retail
Center area.
• Retail Center areas - Future land use decisions should complement the
Retail Center and reinforce the multimodal atmosphere that accommodates
a wide array of Downtown activity.
At the June 3, 2024, Planning & Zoning Commission meeting, the
recommendation of the zoning request was for approval by a vote of 6-0.
Mayor Cain opened the public hearing at 7:07 PM.
No comments.
Mayor Cain closed the public hearing at 7:07 PM.
MOTION: Mayor Pro Tern Carver moved to approve. Council Member
Herndon seconded. Motion carried 7-0.
AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE
CITY'S COMPREHENSIVE PLAN, ZONING MAP, AND ZONING
ORDINANCE AND CHANGING THE ZONING OF CERTAIN PROPERTY
AS DESCRIBED HEREIN; PROVIDING FOR SAVINGS, REPEALING AND
SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE;
PROVIDING FOR A PENALTY CLAUSE NOT TO EXCEED $2,000 OR
THE HIGHEST PENALTY AMOUNT ALLOWED BY LAW, WHICHEVER IS
LESS; AND, PROVIDING FOR THE PUBLICATION OF THE CAPTION
HEREOF.
(Property rezoned under this ordinance is located at the southwest corner
of W. Fourth Street and S. Powell Parkway (S.H 5))
b. Conduct a Public Hearing/Consider/Discuss/Action on an Ordinance to
rezone 28± acres from SF-E Single Family Residential- Large Lot to
Regional Commercial (C-2), located at the southeast corner of Rosamond
Parkway and U.S. Highway 75. (Planning Manager Lauren Mecke)
Request to rezone 28± acres from SF-E Single Family Residential- Large
Lot to Regional Commercial (C-2). Located at the southeast corner of
Rosamond Parkway and U.S. Highway 75.
The request for is in conformance with the Future Land Use Plan within the
Anna 2050 Comprehensive Plan.
The Regional Commercial (C-2) district provides for medium- to large-scale
development of retail, service, entertainment, and office necessary for a
regional market. This district primarily facilitates commercial development,
like big box and anchor retailers and intensive shopping strip centers that
are automobile oriented and generate high traffic counts.
Surrounding Land Uses and Zoning -
North Vacant land zoned Planned Development (Liberty Hills)
East Vacant land zoned Planned Development (Ord. No. 881-2020; Woods
at Lindsey Place), Communications Tower and vacant land located in the
ETJ, vacant land zoned Planned Development (Ord. No. 839-2019;
Meadow Vista)
South Vacant land zoned Planned Development (Ord. No. 506-2010) and
Agricultural
West Across U.S. Highway 75, vacant land zoned Regional Commercial (C-
2) and Planned Development (Ord. No. 860-2020)
Conformance with the Anna 2050 Comprehensive Plan
The Anna 2050 Future Land Use Plan identifies this area as Regional
Activity Center place type.
The proposed zoning district does conform to the Regional Activity Center
place type.
At the June 3, 2024, Planning & Zoning Commission meeting, the
recommendation of the zoning request was for approval by a vote of 6-0.
Mayor Cain opened the public hearing at 7:09 PM.
No comments.
Mayor Cain closed the public hearing at 7:09 PM.
MOTION: Council Member Toten moved to approve. Deputy Mayor Pro
Tem Baker seconded. Motion carried 7-0.
AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE
CITY'S COMPREHENSIVE PLAN, ZONING MAP, AND ZONING
ORDINANCE AND CHANGING THE ZONING OF CERTAIN PROPERTY
AS DESCRIBED HEREIN; PROVIDING FOR SAVINGS, REPEALING AND
SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE;
PROVIDING FOR A PENALTY CLAUSE NOT TO EXCEED $2,000 OR
THE HIGHEST PENALTY AMOUNT ALLOWED BY LAW, WHICHEVER IS
LESS; AND, PROVIDING FOR THE PUBLICATION OF THE CAPTION
HEREOF.
(Property rezoned under this ordinance is located at the southeast corner
of Rosamond Parkway and U.S. Highway 75)
C. Conduct a Public Hearing/Consider/Discuss/Action on an Ordinance for a
request to rezone 59.1± acres from Single -Family Residential — Large Lot
(SF-E) to Planned Development for multi -family, single-family, commercial,
and industrial development. Located on the northwest and southwest corner
of County Road 423 and Powell Parkway. (Planning Manager Lauren
Mecke)
Request to rezone 59.1± acres from Single -Family Residential — Large Lot
(SF-E) to Planned Development for multi -family, single-family, commercial,
and industrial development. Located on the northwest and southwest corner
of County Road 423 and Powell Parkway. The request contains elements
that are in conformance with the Anna 2050 Comprehensive Plan but does
include multi -family zoning which is not in conformity with the Future Land
Use Plan. 312 multi -family dwellings with Mixed -Use (MU) District on Tract
1-A, Mixed Density (MD) District on Tract 1-13 & Tract 2-A, Regional
Commercial (C-2) District on Tract 2-13, and Light Industrial (1-1) District on
Tract 3-A.
A Planned Development (PD) is intended to provide for combining and
mixing of uses allowed in various districts with appropriate regulations and
to permit flexibility in the use and design of land and buildings in situations
where modification of specific provisions of this article is not contrary to its
intent and purpose or significantly inconsistent with the planning on which it
is based and will not be harmful to the community. A PD district may be
used to permit new and innovative concepts in land utilization. While great
flexibility is given to provide special restrictions, which will allow
development not otherwise permitted, procedures are established herein to
insure against misuse of the increased flexibility.
The subject property is currently undeveloped.
Surrounding Land Uses and Zoning -
North Single -Family dwelling partially zoned SF-E and partially located in
the ETJ and vacant lot zoned SF-E
East Across DART railroad, multi -family dwellings zoned Planned
Development [Anna Town Square]
South Single -Family dwellings and vacant land zoned SF-E
West Single -Family dwellings located in the ETJ
Conformance with the Anna2050 Comprehensive Plan
Future Land Use Plan
The Future Land Use Plan designates this property as Cluster Residential,
Parks and Open Space, and Community Commercial. The Place Type
descriptions from the Comprehensive Plan follows this page.
The C-2 & MD zoning districts are in conformance with the Future Land Use
Plan. The MF zoning district is not in conformance with the Future Land Use
Plan.
Although 1-1 zoning is not in conformance with the Future Land Use Plan,
allowing for the mix of uses to flex between 1-1 and C-2 would bring it into
conformance.
Proposed Stipulations
• Exempting the properties from the Thoroughfare Overlay (THOR) District
requirements.
o Sec. 9.04.025 requires lots to be a minimum one acre each with a
50-foot front yard building setback.
The regulation of this overlay district shall apply to new
development and redevelopment located within the greater of
a geographic buffer extending outward 500 feet
perpendicularly from the right-of-way, or to the back of
abutting adjacent lots, for those portions of the following
scheduled thoroughfares located within the City limits: (1)
U.S. Highway 75;(2) White Street (FM 455);(3) Powell
Parkway (SH 5);(4) Sam Rayburn Memorial Highway (SH
121); and(5) Collin County Outer Loop.
• Amending zoning regulations pertaining to multi -family dwellings
o Reducing residential separation requirements
- Regulation: Sec. 9.04.041 (h) Stepback Regulations:
• (1) Stepback regulations apply to all new building construction and
all additions with multiple stories and a height greater than 35 feet
located adjacent to residential zoning districts and existing single-
family uses but do not apply when an improved public street or
railroad right-of-way separates the new building construction from
the existing residential zoning district or single-family residential use.
(2) A 25-foot stepback applies for each additional story after the
second story exceeding 35 feet in height (See Figure 7: Stepback
Exhibit). Proposed: minimum setback adjacent to residential uses 50
feet
• Decreasing building height
o Regulation: 70 feet
o Proposed: 50 feet/three (3) stories
- Decreasing maximum density
o Regulation: 25 dwelling units per acre
o Proposed: 18 dwelling units per acre
• Providing stricter requirements on the Multi -Family Amenities
o Private Community Center
- The proposed location shall be in general conformance with
the approved Concept Plan and shall include; bathroom
facilities, a leasing office, community room with food
preparation area, fitness center, a pool, tanning deck, outdoor
grill and lounge area.
o Fire Pit
- The fire pit area shall include hardscape and seating
provisions.
o Pet Park
- The Pet park shall include (2) waste receptacles,
agility equipment, covered seating area, pet fountain,
and adjacent pet wash station. The Pet Park shall be
enclosed with a decorative, tubular metal fence.
o Sports Court
- The sports court can be one of the following: Badminton,
Basketball, Pickleball, Tennis, or two beach Volleyball courts.
If a Pickleball, tennis, or badminton court is constructed, it
shall be a coated asphalt regulation size court with permanent
net fixture.
o Nature Trail
• The trail shall be designed to a specification and finish
intended to minimize impact to the surrounding undeveloped
area, while allowing residents to enjoy the undisturbed natural
features of the property. Final layout and finish specifications
shall be approved by the Director of Development services
prior to Site Plan approval.
o Private outdoor space
• A minimum of 90% of multiple family units shall be provided
with a private balcony or patio with a minimum depth of 6' from
the unit door and minimum usable square feet of 70 square
feet. Amending MD zoning regulations
o Lot size
- Regulation: 4,500 square feet (for single-family detached)
- Proposed: 3,000 square feet
o Common area lot tree requirement
• Regulation: Canopy trees, as specified on the approved
plant list, shall account for at least 50% of the required total
trees on a site.
Proposed: Sec 9.04.045 (f)(1)(B) shall allow the Director of
Planning, at their sole discretion, to approve a reduction in the
requirement the percentage of the total trees on site be
Canopy Trees from 50% to 30% with the presentation of
landscape plan.
o Alternate trees in the front yard
• Regulation: At least one of the trees must be placed in the
front yard of the lot.
• Proposed: Sec 9.04.045 (f)(4)(B)(ii) shall allow the Director
of Planning, at their sole discretion, to approve allowing one
tree be planted every other lot so long as the total number of
trees on site remain the same. A landscape plan must be
submitted for review and approval.
- Amenities
o Proposed:
• A pier or overlook at the pond shall qualify as a required
amenity under sec. 9.04.042(e)(B).
• No more than one (1) amenity shall be required as part of
the Mixed Density Residential district as long as the density
remains under 100 units. Otherwise, anything over 100 units
will follow the table located under sec. 9.04.042(e)(A).
o Exempting the MD district from the 1,200-foot setback requirement
from a highway.
• Sec. 9.04.017 prohibits the MD district within 1,200 feet of a
designated Master Thoroughfare Plan highway.
• Tract 3-A
o Flexibility between the C-2 and 1-1 land uses and regulations.
• Given the adjacency to the railroad tracts and the odd shape
of the property, giving greater flexibility is in the best interest
of the city.
o Allowing outdoor storage to exceed the screening wall height.
Regulation: Outdoor Storage shall not be placed
• (i) Within any required setbacks,
• (ii) Within parking spaces, fire lanes, easements,
maneuvering aisles, or loading areas,
• (iii) On the roof of any structure,
• (iv) To exceed the required screening height
• (v) At the front of any primary building.
• Proposed: May exceed the height of screening but shall be
set back from the adjacent right-of-way a minimum of 50 feet.
• Increasing the percentage of the lot for outdoor storage.
o Regulation: limited to 5% of the total lot area or 20% of the primary
building's gross floor area, whichever is more restrictive.
o Proposed: 20% of the total lot area
• Applying Tree Preservation credits across the Planned Development
o The applicants are requesting language be included for tree
preservation credits to be applied across the development. This is
common practice for large, multi -phased Planned Developments.
At the May 6, 2024, Planning & Zoning Commission meeting, the
recommendation of the zoning request was for approval with the condition
that the Multi -Family (MF) Zoning District be zoned Mixed -Use (MU) Zoning
District by a vote of 5-0-1.
Mayor Cain opened the public hearing at 7:14 PM.
Becky Greer and Joe Greer spoke in opposition to this item.
Terrell Culbertson and Stephanie Dingle wished to withhold their comments
until the next meeting.
MOTION: Mayor Cain moved to table, continuing the public hearing until
August 13, 2024 at 6:00 PM at the Anna Municipal Complex, 120 W 7th St,
Anna, TX 75409. Council Member Herndon seconded. Motion carried 7-0.
d. Consider/Discuss/Action on a Resolution approving the Powell Corners,
Concept Plan. (Planning Manager Lauren Mecke)
The Concept Plan is associated with the zoning case and is contingent upon
approval of the zoning case.
No action was taken.
e. Conduct a Public Hearing/Consider/Discuss/Action on an Ordinance to
amend the Future Land Use Designation Place Type in the Future Land
Use Plan of the Anna 2050 Comprehensive Plan of 20.5± acres located on
North Powell Parkway from Ranching & Agriculture and Community
Commercial to Regional Activity Center. (Planning Manager Lauren Mecke)
The applicant is proposing a multi -family development that would front along
West Crossing Boulevard N and commercial development that would front
N Powell Parkway. The Zoning Ordinance provides applicants with direction
if their rezoning request is not in conformance with the Future Land Use
Plan of the Comprehensive Plan.
§ 9.04.051 Entitlement and ordinance procedures.
(a) Rezoning.
(6) Standards. In its review of an application for rezoning, the city council
shall consider the following standards. No single factor is controlling.
Instead, each is weighed in relation to the other standards. If the planning
and zoning commission finds that a rezoning is inconsistent with the land
use element of the comprehensive plan, the application shall not be
considered until a recommendation regarding a comprehensive plan
amendment for the proposed zoning amendment is forwarded to the city
council, either prior to or concurrently with the proposed zoning amendment.
Surrounding Land Uses and Zoning
North Civic Center (Public Works Building) zoned 1-1 and PD (Ord.
No. 485-2010) and vacant land in the ETJ
East Across N Powell Parkway, Daycare zoned SF-E.
South Self -Storage zoned PD (Ord. No. 554-2011)
West Vacant land in the ETJ. Development Agreement for Anacapri
North (Res. No. 2024-04-1618)
Comprehensive Plan
The Anna 2050 Future Land Use Plan identifies this area as Ranching &
Agriculture and Community Commercial place types. The Preferred
Scenario Diagram identifies this property as Estate Residential and
Community Commercial. The applicant is requesting to amend the Future
Land Use Plan by changing the designation of this area to Regional Activity
Center for a multi -family and commercial development. At the time of
adoption of the Comprehensive Plan in 2021, there were no planned
developments in this area. The properties in this area were designated as
Ranching & Agriculture because there is no access to sewer. Buildings on
surrounding properties utilize septic systems. In the three years since,
several Development Agreements, annexations with zoning, and
construction of infrastructure have occurred which makes sewer
connectivity possible for future development.
At the June 3, 2024, Planning & Zoning Commission meeting, the
recommendation of the Future Land Use Plan amendment request to
Regional Activity Center was for approval by a vote of 6-0.
Mayor Cain opened the public hearing at 7:34 PM.
No comments.
Mayor Cain closed the public hearing at 7:42 PM.
Council Member Herndon stepped out.
MOTION: Council Member Toten moved to approve. Council Member
Miller seconded. Motion carried 6-0.
AN ORDINANCE AMENDING ORDINANCE 903-2021 AMENDING THE
COMPREHENSIVE PLAN OF THE CITY OF ANNA, TEXAS; ADOPTING
REVISIONS TO THE CITY OF ANNA FUTURE LAND USE PLAN;
PROVIDING FOR SAVINGS, SEVERABILITY, AND REPEALING
CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING
FOR THE PUBLICATION OF THE CAPTION THEREOF.
Council Member Herndon returned.
f. Conduct a Public Hearing/Consider/Discuss/Action on an Ordinance to
rezone 20.5± acres located on N. Powell Parkway from SF-E Single -Family
Residential - Large Lot to Multi -Family (MF) & Regional Commercial (C-2).
(Planning Manager Lauren Mecke)
The applicant requested to rezone 20.5± acres from SF-E Single -Family
Residential - Large Lot to Multi -Family (MF) & Regional Commercial (C-2)
for future multi -family and commercial development.
The Multi -Family Residential (MF) district provides for high -density
residential development, targeting well -designed multi -family uses serving
as a transition between medium -density residential development and
commercial nodes. This district encourages multi -family uses with site
development characteristics that accommodate open space and access to
light and air.
The Regional Commercial (C-2) district provides for medium- to large-scale
development of retail, service, entertainment, and office necessary for a
regional market. This district primarily facilitates commercial development,
like big box and anchor retailers and intensive shopping strip centers that
are automobile oriented and generate high traffic counts.
Surrounding Land Uses and Zoning
North Civic Center (Public Works Building) zoned 1-1 and PD (Ord.
No. 485-2010) and vacant land in the ETJ
East Across N Powell Parkway, Daycare zoned SF-E.
South Self -Storage zoned PD (Ord. No. 554-2011)
West Vacant land in the ETJ. Development Agreement (Res. No.
2024-04- 1618)
Conformance with the Anna 2050 Comprehensive Plan
This request is associated with the previous item.
If Council approved the Future Land Use Plan amendment to Regional
Activity Center, the request is in conformance with the Comprehensive Plan.
If Council denied the Future Land Use Plan amendment to Regional Activity
Center, the request is not in conformance with the Ranching and Agriculture
place type and multifamily is not in conformance with the Community
Commercial place type.
At the June 3, 2024, Planning & Zoning Commission meeting, the
recommendation of the zoning request was for approval by a vote of 6-0.
Mayor Cain opened the public hearing at 7:45 PM.
No comments.
Mayor Cain closed the public hearing at 7:45 PM.
Mayor Cain reopened the public hearing at 7:49 PM.
MOTION: Mayor Pro Tem Carver moved to table, continuing the public
hearing until July 23, 2024 at 6:00 PM at the Anna Municipal Complex, 120
W 7th St, Anna, TX 75409. Council Member Miller seconded. Motion
carried 7-0.
g. Consider/Discuss/Action on a Resolution approving the Anna 23, Concept
Plan. (Planning Manager Lauren Mecke)
The Concept Plan is associated with the zoning case and is contingent upon
approval of the zoning case.
No action was taken.
h. Consider/Discuss/Action on a Resolution authorizing the City Manager to
execute a contract with Blue Star Utilities to construct the Hurricane Creek
Wastewater Interceptor Line. (CIP Manager Justin Clay)
The Hurricane Creek Interceptor Line is critical to providing city sewer
service to the west side of US 75. The project is included in the City's 10-
year Capital Improvement Plan and is shown on the City's Wastewater
Master Plan. The sewer line will convey sewer from north to south, and into
the new Hurricane Creek Wastewater Treatment Plant.
The City Council awarded the construction contract for the Hurricane Creek
Wastewater Interceptor Line capital improvement project to Blue Star
Utilities, LLC. The City bid the project publicly, and opened bids on Tuesday,
June 18, 2024. The lowest qualified bid was received from Blue Star
Utilities, LLC. Staff reviewed the qualifications, experience, and capabilities
of Blue Star and found them to be qualified to perform the work.
Initial funding for the Hurricane Creek Sewer Line North project was
appropriated in the FY2024 Community Investment Program budget from
the Wastewater Impact Fee Fund. Additionally, revenue bonds in the
amount of $12 million are being issued in August to fund construction of this
necessary project. The cost of this construction contract is not to exceed
$10 million.
MOTION: Council Member Toten moved to approve. Council Member
Herndon seconded. Motion carried 7-0.
A RESOLUTION OF THE CITY OF ANNA, TEXAS, AWARDING THE BID
FOR PHASE 1 OF THE HURRICANE CREEK WASTEWATER
INTERCEPTOR PROJECT TO BLUE STAR UTILITY, LLC, IN THE
AMOUNT NOT TO EXCEED TEN MILLION DOLLARS AND ZERO CENTS
($10,000,000.00); AND PROVIDING FOR AN EFFECTIVE DATE.
Moved to Item 7.1.
i. Conduct a first reading of a Resolution approving a project of the Anna
Community Development Corporation involving a purchase and sale
contract with leasebacks for property owned by Bengal Anna Plaza, LLC, a
Texas limited liability company, and Faizur Rahman located along or near
State Highway 5. (Director of Economic Development Bernie Parker)
Two readings of the Resolution are required. The presiding officer read the
following as the first reading:
A RESOLUTION APPROVING A PROJECT OF THE ANNA COMMUNITY
DEVELOPMENT CORPORATION INVOLVING A PURCHASE AND SALE
CONTRACT WITH LEASEBACKS FOR PROPERTY OWNED BY
BENGAL ANNA PLAZA, LLC, A TEXAS LIMITED LIABILITY COMPANY,
AND FAIZUR RAHMAN LOCATED ALONG OR NEAR STATE HIGHWAY
5
j. Conduct a second reading of a Resolution approving a project of the Anna
Community Development Corporation involving a purchase and sale
contract with leasebacks for property owned by Bengal Anna Plaza, LLC, a
Texas limited liability company, and Faizur Rahman located along or near
State Highway 5. (Director of Economic Development Bernie Parker)
Two readings of the Resolution are required. The presiding officer read the
following as the second reading:
A RESOLUTION APPROVING A PROJECT OF THE ANNA COMMUNITY
DEVELOPMENT CORPORATION INVOLVING A PURCHASE AND SALE
CONTRACT WITH LEASEBACKS FOR PROPERTY OWNED BY
BENGAL ANNA PLAZA, LLC, A TEXAS LIMITED LIABILITY COMPANY,
AND FAIZUR RAHMAN LOCATED ALONG OR NEAR STATE HIGHWAY
5
k. Consider/Discuss/Action on a Resolution approving a project of the Anna
Community Development Corporation involving a purchase and sale
contract with leasebacks for property owned by Bengal Anna Plaza, LLC, a
Texas limited liability company, and Faizur Rahman located along or near
State Highway 5. (Director of Economic Development Bernie Parker)
The Anna CDC Board held a Special Called Meeting on June 20th, 2024 to
consider a resolution authorizing the purchase of two properties in the
Downtown area. The item was also published in the newspaper on June 11,
2024.
In 2022, the City Council and CDC-EDC Board held a joint workshop, and
identified property acquisition in downtown as a priority. To carry out that
goal, the CDC has identified two properties at the northeast corner of White
Street and Powell Pkwy.
Purchase of properties $2,750,000.00
MOTION: Council Member Miller moved to approve. Council Member Bills
seconded. Motion carried 6-0-1. Council Member Herndon abstained.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA,
TEXAS APPROVING A PROJECT OF THE ANNA COMMUNITY
DEVELOPMENT CORPORATION INCLUDING A PURCHASE AND SALE
CONTRACT WITH LEASEBACKS FOR PROPERTY OWNED BY
BENGAL ANNA PLAZA, LLC, AND FAIZUR RAHMAN LOCATED ALONG
OR NEAR STATE HIGHWAY 5 AND SALE OR EXCHANGE OF
ADDITIONAL PROPERTY LOCATED ALONG OR NEAR STATE
HIGHWAY 5
Moved to Item 7.m.
I. Consider/Discuss/Action on a Resolution accepting the FY2023 Audit.
(Finance Director Aimee Rae Ferguson)
The City is required by the Charter to complete an annual independent audit
of all accounts by an outside certified public accountant. The City Council
has retained Weaver and Tidwell, LLP for that purpose.
The resolution accepts the audit completed by the accounting firm Weaver
and Tidwell, LLP. The City is currently in the fifth year of a contract with
Weaver and Tidwell to prepare the audit and Annual Comprehensive
Financial Report (the Annual Report). Weaver and Tidwell presented the
FY2023 audit to Council.
MOTION: Council Member Toten moved to approve. Council Member
Herndon seconded. Motion carried 7-0.
A RESOLUTION ACCEPTING THE FISCAL YEAR 2023 FINANCIAL
AUDIT OF THE CITY OF ANNA.
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). Land development matter. City ordinances.
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).
Council liaison positions
MOTION: Mayor Pro Tem Carver moved to enter closed session. Deputy
Mayor Pro Tem Baker seconded. Motion carried 7-0.
Mayor Cain recessed the meeting at 8:13 PM.
Mayor Cain reconvened the meeting at 9:40 PM.
Moved to Item 7.i.
M. Consider/Discuss/Action on Appointment of Board and Commission
liaisons. (City Secretary Carrie Land)
Annually, the City Council appoints members as liaisons to the various
boards and commissions.
Current Liaisons:
• D&I - Kevin Toten
• Parks - Stan Carver II
• P&Z- Randy Atchley
• EDC/CDC-Pete Cain
• BOA -Elden Baker
Council Liaison Responsibilities:
• Ensure the Board complies with deadlines & code provisions
• Encourage the board to remain within the City mission statement
• Ensure compliance with Texas Open Meeting Act:
• Only discuss items on the agenda
• Ensure compliance with attendance
• Report quarterly to the City Council the actions of the board
• Share Communications from the Council to the board concerning policy
direction and strategic goal aims
MOTION: Council Member Toten moved to appoint himself as the Parks
Advisory Board Council Liaison. Council Member Bills seconded. Motion
carried 4-3. Mayor Pro Tem Carver, Deputy Mayor Pro Tern Baker, and
Council Member Miller opposed.
MOTION: Council Member Toten moved to appoint Council Member Bills
as the CDC/EDC Council Liaison. Deputy Mayor Pro Tern Baker seconded.
Motion carried 6-1. Mayor Pro Tern Carver opposed and requested that
Council Member Miller be the back up.
MOTION: Mayor Pro Tern Carver moved to appoint Council Member
Herndon as the Planning and Zoning Commission Council Liaison. Council
Member Toten seconded. Motion carried 7-0.
The Diversity and Inclusion Board Council Liaison will be decided once the
board has all of its members.
8. 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). Land development matter. City ordinances.
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).
Council liaison positions
No closed Session.
9. 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.
10. Adjourn.
No action was taken.
Mayor Cain adjourned the meeting at 9:52 PM.
ATTEST: f
City Secretary Carrie L. Land
Approve the 9t' day of July 2024
Mayor Pete Cain