HomeMy WebLinkAboutCCmin2023-03-28Regular City Council Meeting
Meeting Minutes
THE CITY OF
Anna Tuesday, March 28, 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 03/28/2023 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
Council Member Kevin Toten
Council Member Danny Ussery
Council Member Pete Cain
Members Absent:
Mayor Pro Tern Lee Miller
Deputy Mayor Pro Tern Randy Atchley
Council Member Stan Carver
2. Invocation and Pledge of Allegiance.
Mayor Pike led the Invocation and Pledge of Allegiance.
3. Neighbor Comments.
No comments were given.
4. Reports.
a. Recognition of Micah Noah Martinez. (Mayor Nate Pike)
Micah Noah Martinez is a resident of Anna who placed third in the 14/15-
year-old Punt, Pass & Kick national championship that was held in Tampa,
Florida on January 28, 2023.
b. Preview 2022 State of the City Video. (Interim City Manager Ryan
Henderson)
Every year since 2019, the Mayor has given the State of the City. This year's
State of the City was filmed to capitalize on the organization's presence on
the variety of social media platforms used to engage our neighbors.
5. Consent Items.
MOTION: Council Member Toten moved to approve items 5.a.-e. Council
Member Ussery seconded. Motion carried 4-0.
a. Approve City Council Meeting Minutes for March 14, 2023. (City Secretary
Carrie Land)
b. Review Minutes from the February 27, 2023 Parks Advisory Board Meeting.
(Assistant Director of Neighborhood Services Jeff Freeth)
C. Approve a Resolution awarding the Primary Bank Depository Services to
Independent Financial. (Finance Director Alan Guard)
Chapter 105 (the "Depositories for Municipal Funds" Act) of the Local
Government Code governs the process for selection and award of
depository bank services and contracts. Valley View Consulting, L.L.C. has
provided their expertise and assistance to address this statutory
requirement.
The City received three proposals for primary bank depository services,
Independent Financial, Cadence Bank, and First State bank. Finance staff
along with Valley View Consulting have reviewed the proposals submitted
by each of the parties.
Staff recommended that City Council approve the resolution awarding the
primary bank depository services agreement to Independent Financial.
A RESOLUTION OF THE CITY OF ANNA, TEXAS AWARDING THE
PRIMARY DEPOSITORY BANK SERVICES CONTRACT TO
INDEPENDENT FINANCIAL AND AUTHORIZING THE CITY MANAGER
TO ACT ON THE CITY'S BEHALF IN EXECUTING THE AGREEMENTS
d. Approve Monthly Financial Report for the Month Ending February 28, 2023.
(Budget Manager Terri Doby)
The City of Anna's financial policies require the publication of a financial
report monthly. This report covers the financial performance for Fiscal Year
2023 through February 28, 2023. The report is an executive dashboard that
provides a high level look at major funds along with detailed reporting of
sales tax collections.
The financial condition of the City remains strong and the reported funds
adhere to fund balance requirements.
e. Approve an Ordinance amending the FY2023 Budget to appropriate funding
for stormwater program services, and additional promotional expense
funding for economic development. (Budget Manager Terri Doby)
The proposed budget amendment includes funding for the following
purposes:
• The City of Anna adopted a Stormwater Utility fee on April 12, 2022 that
was implemented beginning October, 2022. With six months of history, staff
is confident in projecting future revenue and beginning to program
expenses. Budgeting the Stormwater Utility fee will allow the City to
complete many needed maintenance and improvement projects.
This budget amendment will add the following additional staff.
• Two additional Maintenance Worker positions (2 FTEs) to provide
stormwater maintenance and improvement projects including the
maintenance of drainage systems, replacement of undersized and
inadequate storm systems, and the improvement of flood prone areas.
Other additional expenditures include:
• Community Development ($39,511) Increase to promotion expense
• Economic Development ($21,147) Increase to promotion expense
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.
6. Items For Individual Consideration.
a. Conduct a Public Hearing/Consider/Discuss/Action on an Ordinance for a
Specific Use Permit for a Kennel (no outside pens) on a portion of one lot
on 4.7± acres located on the east side of Victoria Falls Drive, 205± feet north
of W. White Street. (Planner 11 Salena Tittle)
The applicant requested a Specific Use Permit (SUP) for a Kennel (no
outside pens).
The Zoning Ordinance defines a kennel as:
Any structure, lot, or premises on which four or more dogs, cats, or other
domestic animals more than four months of age are housed or accepted for
boarding, breeding, training, selling, grooming and/or bathing for which
remuneration is received.
The subject property is a multi -tenant shopping center zoned Planned
Development-C-2 General Commercial (Ord. No. 119-2003). The applicant,
Paw of the Family, is a current tenant in one of the suites is looking to
expand their business to offer more services which fall under the definition
of a kennel.
Surrounding Land Use and Zoning
North Residential subdivision zoned PD-Single Family Residential (PD-R-
1) (Ord No. 2001-23)
East Residential subdivision zoned PD-SF-72 Single Family Residential
(PD-SF72) (Ord. No. 673-2014)
South Bank zoned PD-C-2 General Commercial (PD-C-2) (Ord. No. 119-
2003)
West Vacant lot zoned PD-C-2 General Commercial (PD-C-2) (Ord. No.
119-2003)
Specific Use Permit
The Zoning Ordinance designates certain uses as requiring a Specific Use
Permit (SUP) to allow the Planning & Zoning Commission and City Council
to review requests on a case -by -case basis as to its probable effect on the
adjacent property and the community welfare. The request may be
approved or denied as the findings indicate appropriate with regard to the
health, safety and welfare of the general public.
The Zoning Ordinance allows for the use of a kennel within the C-2 General
Commercial district with the approval of a Specific Use Permit (SUP).
Mayor Pike opened the public hearing at 6:14 PM.
No comments were given.
Mayor Pike closed the public hearing at 6:15 PM.
MOTION: Council Member Toten moved to approve. Council Member Cain
seconded. Motion carried 4-0.
AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE
CITY'S COMPREHENSIVE PLAN, ZONING MAP, AND ZONING
ORDINANCE AND APPROVING A SPECIFIC USE PERMIT ON 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.
b. Consider/Discuss/Action on a Resolution approving the emergency
purchase of materials, labor, and services for the construction of a sanitary
sewer main near Slayter Creek in the City of Anna, Texas. (Interim Assistant
City Manager Greg Peters, P.E.)
The City of Anna is currently under construction for a new splash pad to
replace an old splash pad in Slayter Creek Park. The old splash pad
discharged chlorinated water from the facility into an existing drainage
channel within the park. This is not in conformance with TCEQ guidelines
regarding how to properly handle discharge from aquatic facilities. As such,
the new splash pad must have a connection to a public sanitary sewer main,
so that the discharge is properly conveyed to a wastewater treatment
facility.
Due to the short project timeline, the city did not have reasonable time to go
through the standard process of design -bid -build for this sewer extension.
City staff coordinated with the City Attorney to confirm that the emergency
extension of a sewer main to the facility meets State Law requirements
regarding emergency purchases.
Staff reached out to reputable contractors experienced with performing this
type of work in the region. Quirino Construction was the first to respond and
are able to mobilize immediately to ensure the project could be completed
as fast as possible. Quirino Construction has mobilized to the site and
begun work. This item authorizes the City Manager to execute purchase
orders for the construction and survey work associated with the extension
of the sewer line. City staff is overseeing the project and providing
engineering guidance under the direction of the Interim Assistant City
Manager Greg Peters, P.E., who is a Licensed Professional Engineer in the
State of Texas.
MOTION: Council Member Toten moved to approve. Mayor Pike
seconded. Motion carried 4-0.
A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE
CITY MANAGER TO EXECUTE PURCHASE ORDERS FOR A SANITARY
SEWER MAINTENANCE CONSTRUCTION PROJECT AS SHOWN IN
EXHIBIT "A" ATTACHED HERETO, IN THE AMOUNT NOT TO EXCEED
ONE HUNDRED THIRTY FIVE THOUSAND DOLLARS AND ZERO
CENTS ($135,000); AND PROVIDING FOR AN EFFECTIVE DATE.
C. Consider/Discuss/Action on a Resolution awarding the Phase 1 Downtown
Utility Rehabilitation Project to Canary Construction. (CIP Manager Justin
Clay)
The City of Anna approved Resolution 2022-04-1157 authorizing the
execution of professional services to Grantham & Associates for the
Downtown Utility Rehabilitation project. The consultant and city staff have
been working on preparing plans and construction documents for the
rehabilitation of key water and sewer systems in downtown over the past
year. Phase 1 of the project has been bid and is ready for construction. The
city publicly advertised the project and opened bids on March 10, 2023.
Seven bids were received, with the lowest qualified bid from Canary
Construction, in the amount of $325,333.00. Staff recommended a total
budget of $365,333.00 for the project to provide $40,000 in contingencies.
The funding source is the Coronavirus Local Fiscal Recovery as shown in
the Fiscal Year 2022-2023 Budget.
The contractor will be installing new water mains on Riggins from 4th Street
to 7th Street, and from 7th Street to Interurban. A new sewer line will also
be installed on Interurban, crossing under 5th Street.
The 2nd phase of the project will include a larger scope of utility
replacements, and is planned to be advertised for bid later this year.
MOTION: Council Member Cain moved to approve. Council Member Toten
seconded. Motion carried 4-0.
A RESOLUTION OF THE CITY OF ANNA, TEXAS AWARDING THE BID
FOR PHASE 1 OF THE DOWNTOWN UTILITY REHABILITATION
PROJECT TO CANARY CONSTRUCTION, INCORPORATED IN THE
AMOUNT NOT TO EXCEED THREE HUNDRED SIXTY FIVE THOUSAND
THREE HUNDRED THIRTY THREE DOLLARS ($365,333.00); AND
PROVIDING FOR AN EFFECTIVE DATE.
d. Consider/Discuss/Action on a Resolution authorizing the City Manager to
execute Professional Services Project Order number PARKS8 for the
design of trail system improvements adjacent to the Pecan Grove
Subdivision. (Parks Planning & Development Manager Dalan Walker)
The proposed design services include the development of 100%
construction documents for a 10' wide concrete trail between Luscombe
Lane and Leslie Drive. The proposed trail segments run the length of Pecan
Grove Park. Jacobs Engineering will also provide 10% plans for a
connection to the Park Place trail to the north, which will require a bridge
crossing. They will also perform a hydraulic analysis to determine the
location of bridge abutments and the specifications of the bridge.
MOTION: Council Member Toten moved to approve. Mayor Pike
seconded. Motion carried 4-0.
A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE
CITY MANAGER TO EXECUTE A TASK ORDER FOR THE DESIGN OF
A NEW HIKE AND BIKE TRAIL ADJACENT TO THE PECAN GROVE
SUBDIVISION IN THE AMOUNT NOT TO EXCEED ONE HUNDRED
FOURTEEN THOUSAND DOLLARS ($114,000.00); AND PROVIDING
FOR AN EFFECTIVE DATE.
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). Utility Facilities
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 4-0.
Mayor Pike recessed the meeting at 6:29 PM.
Mayor Pike reconvened the meeting at 6:44 PM.
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.
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.
9. Adjourn.
Mayor Pike adjourned the meeting at 6:44 PM.
City Secretary Carrie L. Land