HomeMy WebLinkAboutCCmin2023-03-14Regular City Council Meeting
Meeting Minutes
THE CITY OF
Anna Tuesday, March 14, 2023 @ 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 03/14/2023 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 PM.
Members Present:
Mayor Nate Pike
Mayor Pro Tern Lee Miller
Deputy Mayor Pro Tem Randy Atchley
Council Member Kevin Toten
Council Member Stan Carver -Arrived Late
Council Member Danny Ussery
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.
Jennifer Richardson and Blake Branson gave a presentation on behalf of their neighbors
from the Urban Crossing Neighborhood in opposition to the Gas Metering Station and
asked the Council to reconsider their previous decision.
4. Reports.
S. Work Session.
a. Discuss Stormwater Utility Budget. (Interim Assistant City Manager Greg Peters, P.E.)
Now that the Stormwater Utility is generating funds, staff is able to predict the amount
of monthly revenue the utility will generate. Staff presented service options and the
associated budget needs for the Stormwater Utility for the remainder of Fiscal Year 2023.
A new budget will be developed for the 2023-2024 Fiscal Year during the annual budget
process.
6. Consent Items.
MOTION: Council Member Toten moved to approve items 6 a.- e. & g.- q. Council
Member Ussery seconded. Motion carried 7-0.
a. Approve the City Council Meeting Minutes for February 28, 2023. (City Secretary Carrie
Land)
b. Review Minutes for the February 6, 2023 Planning & Zoning Commission Meeting.
(Director of Development Services Ross Altobelli)
C. Review Minutes of the December 19, 2022, Joint Community Development Corporation
and Economic Development Corporation Board Meetings. (Director of Economic
Development Joey Grisham)
d. Review Minutes from the December 19, 2022 and January 23, 2023 Parks Advisory Board
Meetings. (Assistant Director of Neighborhood Services Jeff Freeth)
e. Review Minutes from the September 6, 2022 and December 6, 2022 Diversity and
Inclusion Advisory Commission Meetings (Assistant to the City Manager Kimberly
Winarski)
f. Approve the Quarterly Investment Report for the Period Ending December 31, 2022.
(Finance Director Alan Guard)
In accordance with the Public Funds Investment Act (PFIA), the City of Anna is required to
submit a quarterly report on the investments of all public funds held by the City. The
report includes:
• Review of the City's holdings.
• Comparison of book value vs. market value.
• Allocation information by fund.
• Charts showing historical activity.
The City's portfolio as of the quarter ending December 31, 2022 earned an average yield
of 2.44%. This is an increase over the previous quarter of 0.66%. The City has taken
advantage of increased interest rates with Independent Financial and the state pooled
funds, TexPool and Texas CLASS. The City has invested the $65 million of Certificates of
Obligation for the wastewater treatment plant in a new money market fund provided by
Independent Financial. As a result, accrued interest for the first quarter is $1,049,383,
which is more than four times the previous quarter and more than two times all of FY
2022. Total investments have increased by almost $103 million due to the October bond
sale of $34 million, $65 million of Certificates of Obligation and collection of property
taxes through December.
MOTION: Mayor Pro Tern Miller moved to approve. Council Member Toten seconded.
Motion carried 7-0.
g. Approve a Resolution regarding Nelson Ranch, Block A, Lots 1-6 & Block B. Lot 1,
Amending Plat. (Director of Development Services Ross Altobelli)
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING NELSON RANCH, BLOCK A, LOTS
1-6 & BLOCK B, LOT 1, AMENDING PLAT
h. Approve a Resolution regarding Anna Fire Station No. 2, Block A, Lot 1, Minor Plat.
(Director of Development Services Ross Altobelli)
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING ANNA FIRE STATION NO. 2,
BLOCK A, LOT 1, MINOR PLAT
I. Approve a Resolution regarding Anna Ranch, Phase 1C, Final Plat. (Director of
Development Services Ross Altobelli)
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING ANNA RANCH, PHASE 1C, FINAL
PLAT.
j. Approve a Resolution regarding Rodriguez Estates, Block A, Lots 1 & 2, Final Plat. (Director
of Development Services Ross Altobelli)
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING RODRIGUEZ ESTATES, BLOCK A,
LOTS 1 & 2, FINAL PLAT
k. Approve a Resolution regarding The Grace and Peace Addition, Block A, Lot 1, Final Plat.
(Director of Development Services Ross Altobelli)
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE GRACE AND PEACE
ADDITION, BLOCK A, LOT 1, FINAL PLAT
I. Approve a Resolution regarding Anna Town CenterAddition, Block A, Lots 611 & 12, Replat.
(Director of Development Services Ross Altobelli)
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING ANNA TOWN CENTER
ADDITION, BLOCK A, LOTS 611 & 12, REPLAT.
M. Approve a Resolution regarding Willow Creek Addition, Phase 113, Block G, Lots 111 & 2,
Replat. (Director of Development Services Ross Altobelli)
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING WILLOW CREEK ADDITION,
PHASE 16, BLOCK G, LOT 1R & 2, REPLAT
n. Approve a Resolution regarding Willow Creek Addition, Phase 113, Block G, Lots 1R & 2,
Revised Site Plan. (Director of Development Services Ross Altobelli)
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING WILLOW CREEK ADDITION,
PHASE 113, BLOCK G, LOT 1R & 2, REVISED SITE PLAN.
o. Approve a Resolution regarding Anna Station, Block A, Lot 1, Preliminary Plat. (Director of
Development Services Ross Altobelli)
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING ANNA STATION, BLOCK A, LOT
1, PRELIMINARY PLAT
P. Approve a Resolution regarding Chambers Grove, Revised Preliminary Plat. (Director of
Development Services Ross Altobelli)
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING CHAMBERS GROVE, REVISED
PRELIMINARY PLAT.
q. Approve a Resolution regarding Anacapri Laguna, Phase 1, Block A, Lots 1, 2, 3, 4, & 5,
Final Plat. (Director of Development Services Ross Altobelli)
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING ANACAPRI LAGUNA, PHASE 1,
BLOCK A, LOTS 1, 2, 3, 4, & 5, FINAL PLAT.
7. Items For Individual Consideration.
a. Consider/Discuss/Action on a discussion regarding a Specific Use Permit for a gas
metering station on one lot on 0.6± acre located on the north side of future Rosamond
Parkway, 995± feet west of County Road 368 per Section 9.04.043 (Amendments) of
Article 9.04 (Zoning Ordinance). (Director of Development Services Ross Altobelli)
On November 8, 2022, City Council voted to approve a Specific Use Permit to allow for a
gas metering station on one lot on 0.6±acre located on the north side of future Rosamond
Parkway, 995± feet west of County Road 368. The City of Anna Zoning Ordinance allows
gas metering stations within residential zoning districts with approval of a Specific Use
Permit.
At the Tuesday, February 28, 2023 City Council meeting, the council requested a
discussion item be placed on an upcoming council meeting to discuss a Specific Use Permit
that was granted for a gas metering station in November 2022.
MOTION: Council Member Carver moved to put the Specific Use Permit for a gas
metering station through the process again. Council Member seconded Ussery. Council
Member Toten, and Council Member Cain Opposed. Motion carried 5-2.
b. Conduct a Public Hearing on levying of assessments in Improvement Area #1 of The
Woods at Lindsey Place Public Improvement District and Consider/Discuss/Action on
adoption of an Ordinance of the City Council of the City of Anna, Texas accepting and
approving a Service and Assessment Plan and Assessment Roll for The Woods at Lindsey
Place Public Improvement District; making a finding of special benefit to the property in
the District; levying special Assessments against property within the District and
establishing a lien on such property; providing for the method of assessment and the
payment of the Assessments in accordance with Chapter 372, Texas Local Government
Code, as amended, providing penalties and interest on delinquent Assessments, providing
for severability, and providing an effective date. (Director of Economic Development Joey
Grisham)
Mayor Pike opened the public hearing at 7:13 PM.
No comments were given.
Mayor Pike closed the public hearing at 7:14 PM.
MOTION: Mayor Pro Tern Miller moved to approve. Council Member Carver seconded.
Motion carried 7-0.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS ACCEPTING AND
APPROVING A SERVICE AND ASSESSMENT PLAN AND ASSESSMENT ROLL FOR THE WOODS
AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT; MAKING A FINDING OF SPECIAL
BENEFIT TO THE PROPERTY IN THE DISTRICT; LEVYING SPECIAL ASSESSMENTS AGAINST
PROPERTY WITHIN THE DISTRICT AND ESTABLISHING A LIEN ON SUCH PROPERTY;
PROVIDING FOR THE METHOD OF ASSESSMENT AND THE PAYMENT OF THE
ASSESSMENTS IN ACCORDANCE WITH CHAPTER 372, TEXAS LOCAL GOVERNMENT CODE,
AS AMENDED, PROVIDING PENALTIES AND INTEREST ON DELINQUENT ASSESSMENTS,
PROVIDING FOR SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE.
C. Consider/Discuss/Act on a Resolution approving and authorizing the Mayor to execute
The Woods at Lindsey Place Public Improvement District Improvement Area #1 Funding
and Reimbursement Agreement, and resolving other matters related thereto. (Director
of Economic Development Joey Grisham)
Staff recommended that the City Council approve the Resolution approving a
Reimbursement Agreement with D.R Horton for The Woods at Lindsey Place Public
Improvement District to develop the Improvement Area #1 Assessed Property and be
reimbursed for a specified portion of the public improvement projects using the Bond
Proceeds.
MOTION: Mayor Pike moved to approve. Mayor Pro Tern Miller seconded. Motion
carried 7-0.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A RESOLUTION ADOPTING THE
WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT IMPROVEMENT AREA #1
FUNDING AND REIMBURSEMENT AGREEMENT
d. Consider/Discuss/Action on a Resolution authorizing the City Manager to execute
documents for the purchase of right-of-way for Leonard Avenue on and across a 2.89 acre
tract of land located north of East Foster Crossing Road and approve an ordinance
amending the FY2023 Roadway Impact Fee Funds budget. (Interim Assistant City Manager
Greg Peters, P.E.)
The City of Anna Master Thoroughfare Plan shows Leonard Avenue to be constructed as
a divided arterial roadway from the Anna Crossing neighborhood to the Collin County
Outer Loop. This item is to purchase the right-of-way needed from a parcel of land located
just south of the new Anna ISD Middle School. The City has negotiated a purchase -sale
agreement in the amount of $191,000 for the purchase of the right-of-way. The funds for
the purchase will come from Roadway Impact Fees. Purchasing this right-of-way will allow
the City to move forward in working with the developer of the property to the south of
this parcel on the design and construction of the western half of Leonard Avenue from
Foster Crossing to the middle school property. A separate project is already underway for
the design of Leonard Avenue from Foster Crossing to the Collin County Outer Loop.
MOTION: Council Member Toten moved to approve the Ordinance Amending the Fiscal
Year 2023 budget for the purchase of real property. Mayor Pro Tern Miller seconded.
Motion carried 7-0.
AN ORDINANCE AMENDING ORDINANCE NO. 1002-2022 ADOPTING THE BUDGET FOR
THE 2022-2023 FISCAL YEAR; PROVIDING FOR SAVINGS, SEVERABILITY, AND REPEALING
CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION
OF THE CAPTION HEREOF.
MOTION: Mayor Pike moved to approve. Council Member Cain seconded. Motion
carried 7-0.
A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE CITY MANAGER TO
EXECUTE A PURCHASE SALE AGREEMENT AND CLOSING DOCUMENTS, IN A FORM
APPROVED BY THE CITY ATTORNEY, FOR THE PURCHASE OF REAL PROPERTY LOCATED AT
WEST LINE OF LEONARD AVENUE (CR 422), ANNA, TEXAS 75409; AND PROVIDING FOR AN
EFFECTIVE DATE.
e. Consider/Discuss/Action on a Resolution awarding the bid for the Municipal Complex
Parking Expansion and approve an ordinance amending the FY2023 Non -Bond Capital
Improvement Fund (Interim Assistant City Manager Greg Peters, P.E.)
The Adopted FY2023 budget included $400,000 to fund improvements on the Municipal
Complex property which were not included in the building construction project but were
deemed important for the use of the facilities. The primary need at the new facility is
additional parking, which was originally an "add -alternate" item in the building
construction project, but was not included due to the project budget.
Now thatthe Municipal Complex is in use, it is clearthat additional parking is required for
the public, public safety staff, and general staff. This project will add 90 additional parking
spaces on the property. The paved areas will not only improve parking for regular use of
the facilities, but it will also provide the City with a larger area for attractions and booths
when the City hosts special events on the property.
The City publicly bid the project and opened up bids on March 3rd. The project was
advertised in the Anna Melissa Tribune. The City received 5 bids on the project.
The overall lowest qualified bid was received from Piazza Construction for an amount of
$437,742.50. A budget of $460,000 is recommended to provide a small amount of funding
for contingencies, which will only be used to address unforeseen issues during
construction.
Staff reviewed Piazza's references and work history and determined they have the
necessary experience and capability to complete the project. Work is anticipated to begin
early April. If approved by the Council, staff will work with the contractor to prepare a
detailed project schedule.
MOTION: Council Member Carver moved to approve the budget amendment for the
Municipal Complex Parking Expansion Project. Council Member Cain seconded. Motion
carried 7-0.
AN ORDINANCE AMENDING ORDINANCE NO. 1002-2022 ADOPTING THE BUDGET FOR
THE 2022-2023 FISCAL YEAR; PROVIDING FOR SAVINGS, SEVERABILITY, AND REPEALING
CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION
OF THE CAPTION HEREOF.
MOTION: Mayor Pike moved to approve a Resolution regarding the parking lot expansion
on the East side of our Municipal Complex in regards to the recent amendment that was
just approved. Mayor Pro Tern Miller. Motion carried
A RESOLUTION OF THE CITY OF ANNA, TEXAS AWARDING THE MUNICIPAL COMPLEX
PARKING EXPANSION PROJECT TO CALD & A CONSULTING, LLC, IN THE AMOUNT NOT TO
EXCEED FOUR HUNDRED FIFTY-SEVEN THOUSAND SEVEN HUNDRED FOURTY-TWO
DOLLARS AND FIFTY CENTS ($457,742.50); AND PROVIDING FOR AN EFFECTIVE DATE.
f. Consider/Discuss/Action on a Resolution from the City Council of the City of Anna, Texas,
approving a waiver request from the Pecan Grove Homeowner's Association and
authorizing the City Manager to execute an agreement in a form approved by the City
Attorney for the waiver of impact fees related to the construction of a new amenity in the
Pecan Grove neighborhood. (Interim Assistant City Manager Greg Peters, P.E.)
Council Member Toten recused himself at 7:25 PM.
The Pecan Grove Homeowner's Association is seeking to construct a new amenity in the
Pecan Grove neighborhood, which includes a new swimming pool for the neighbors
residing in Pecan Grove. The subdivision is now built -out, and the original developer of
the project is no longer managing the Homeowner's Association, or any development or
improvements within the neighborhood. As such, the Homeowner's Association is
funding the design and construction of the amenity - the project is not being completed
by the developer.
The Pecan Grove Homeowners Association is requesting the City Council to consider
granting a waiver of the water and wastewater impact fees for the project.
In accordance with Article 9.08 Impact Fees, section 9.08.006 Credits and Offsets,
subsection 9.08.006(g)(3), "the City, at its sole discretion, may authorize alternative credit
or offset agreements upon request by the property owner in accordance with guidelines
promulgated by the City Council."
Currently there are no proposed development agreements or subdivision improvement
agreements by and between the City of Anna and the Pecan Grove HOA. Based on that,
staff is processing this request as a waiver request made by the HOA to the City Council.
Some of the key factors for the request are listed in the bullet points below:
• Nature of the request: request to waive water and sewer impact fees
• Financial component of the request: $22,267.00 ($15,334 - water, $6,933 -
sewer)
• Unique Reason/Hardship faced by the requestor: the HOA amenity was not
constructed by the developer, and the impact fees were not paid by the
developer. This cost is now falling on the homeowners through their
Homeowners Association.
• Timing of construction of the improvements: The HOA plans to open the pool
in May of this year.
Staff reviewed the request and determined that this is a very unique situation which is
uncommon for an amenity center in a neighborhood. Staff's findings include:
• Amenity centers in residential neighborhoods are usually constructed by the
developer as a part of the construction phase of the project.
• The HOA is not requesting the City to waive inspection fees, permit fees, or plan
review fees - which are fees that go directly into the General Fund to fund the
staff positions who perform this work.
• Approval of the waiver of impact fees will not impact the City's operating
budget.
• The dollar amount of the impact fees is not at a level where the waiver would
prevent the City from moving forward with upcoming water and sewer capital
projects.
• The nature of this request is very specific -and it is unlikely for the City to receive
more requests of this specific nature in the future, as the impact fees associated
with amenity centers are typically paid by the developer, and the amenity is
typically constructed prior to the HOA being homeowner controlled.
• Approval of the request would fit with 2 of the City Council's Strategic Plan
Outcomes: active (swimming pool is an active place neighbors can exercise and
be active outside), and neighborly (approval of the request would have a positive
impact on the neighborhood's ability to successfully create a communal space for
neighbors residing in Pecan Grove)
Based on the findings listed above, staff is recommended approval of the waiver request
as shown in resolution. The waiver request is specific to the swimming pool amenity
project. If the project is not constructed, any future consideration of waiving fees for a
different amenity or improvement on the property would require City Council approval.
If the City Council approves the resolution, the City Manager or his/her designee will
coordinate with the City Attorney and the Pecan Grove Homeowners Association to craft
and execute a formal agreement. Said agreement will then be filed with the City
Secretary.
MOTION: Mayor Pro Tern Miller moved to approve. Council Member Carver seconded.
Motion carried 6-0.
A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE CITY MANAGER TO
ENTER INTO AN AGREEMENT WITH THE PECAN GROVE HOMEOWNERS ASSOCIATION FOR
THE WAIVER OF WATER AND SEWER IMPACT FEES FOR THE PECAN GROVE
HOMEOWNERS ASSOCIATION POOL AMENITY LOCATED AT 1004 CHERRY BLOSSOM
STREET, IN A FORM APPROVED BY THE CITY ATTORNEY.
Council Member Toten returned at 7:35 PM.
8. Future Agenda Consideration
a. Consider/Discuss/Action on Work Session Item for Future Agenda: Golf Cart Ordinance
(Councilman Kevin Toten)
MOTION: Mayor Pike moved to approve adding this to a future agenda to be discussed.
Council Member Toten seconded. Motion carried 7-0.
9. 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). Council liaison
positions.
MOTION: Mayor Pro Tern Miller moved to enter closed session. Council Member Toten
seconded. Motion carried 7-0
Mayor Pike recessed the meeting at 7:35 PM.
Mayor Pike reconvened the meeting at 8:44 PM.
Returned to Item 8.a.
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.
10. 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.
11. Adjourn.
Mayor Pike adjourned the meeting at 8:46 PM.
Attested:
City Secretary Carrie L. Land
Approved on the 28`�' a� 2023
Mayor Nate Pike