HomeMy WebLinkAboutCCmin2023-08-08 Work Session & Regular MeetingAiifia
Regular City Council Work Session
Meeting Minutes
Tuesday, August 8, 2023 @ 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 Closed Session on August 8, 2023 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 5:33 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.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 ). Zoning and Related Ordinances. City Regulations.
Regular City Council Meeting
Meeting Minutes
THE CITY OF
Anna Tuesday, August 8, 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 August 8, 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 6:06 PM.
Members Present:
Mayor Nate Pike
Mayor Pro Tem 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.
No comments were given.
4. Reports.
Council recognized our First Responders, City Staff, and Volunteers for the
Back to School Bash that was hosted on July 29th at the Slayter Creek
Middle School.
5. Work Session.
a. Anacapri Laguna - Building Materials Discussion (Non-residential and
multiple -family residence). (Planning Manager Lauren Mecke)
Due to a miscommunication, this item will be brought forward at the August
22"d meeting.
b. Potential Development of a 137 Acre Tract on West White Street. (Planning
Manager Lauren Mecke)
The Anna 2050 Future Land Use Plan identifies this general area as Cluster
Residential and Professional Campus.
C. Presentation of the Proposed FY2023-2024 Budget. (Interim City Manager
Ryan Henderson)
6. Consent Items.
MOTION: Mayor Pro Tern Miller moved to approve items 6.a. through e.
Council Member Toten seconded. Motion carried 7-0.
a. Approve City Council Meeting Minutes for July 25, 2023. (City Secretary
Carrie Land)
b. Review Minutes of the June 1, 2023, Joint Community Development
Corporation and Economic Development Corporation Board Meetings.
(Director of Economic Development Joey Grisham)
C. Approve Amendments to Article 9.07 Tree Preservation of The City of Anna
Code of Ordinances. (Planning Manager Lauren Mecke)
At the July 25, 2023 City Council meeting, the Council held a public hearing,
considered, discussed and acted on an Ordinance repealing and replacing
Article 9.07 Tree Preservation. The discussion primarily focused on
eliminating tree removal permit applications and mitigation requirements for
existing single-family or duplex homes and construction of a single-family
or duplex residence on a single lot (not part of a larger subdivision). While
staff was amending the text in accordance with the motion for approval, it
was discovered that the motion removed the wrong subsection, additional
sections needed to be amended to enact the intent of the motion, and a
previous version of the fee schedule was included in the text.
Prior to the Council's motion and approval, staff provided a reference to a
previous version of the text rather than the exhibit attached to the Council
agenda packet. In removing subsections 3 and 4 of Sec. 9.07.004
(Standards for Tree Removal), it unintentionally removed "construction of a
nonresidential development" rather than construction of a single-family or
duplex residence on a single lot (not part of a larger subdivision). This
corrects Article 9.07 (Tree Preservation) by removing and adding text to
exempt existing single-family or duplex homes and construction of single-
family or duplex residences on a single lot (not part of a larger subdivision)
from permit and mitigation requirements and reinstating the requirements
for construction of a nonresidential development.
Fee Schedule
In the exhibit provided at the July 25th meeting, the incorrect fee schedule
was included. The updated fee schedule recommended by the Planning &
Zoning Commission is attached to the Council's agenda packet.
Approval of this agenda item will rectify these errors and approve a
corrected Ordinance for implementation in line with the intent of the City
Council's action taken at the July 25, 2023 meeting.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANNA,
TEXAS AMENDING ORDINANCE NO. 1063-2023-07 REGARDING TREE
PRESERVATION REGULATIONS
d. Approve a Resolution authorizing the City Manager to approve an updated
interlocal agreement for jail services between Collin County and the City of
Anna. (Police Chief Dean Habel)
The Interlocal Cooperation Act (Texas Government Code Chapter 791)
authorizes any local government to contract with one or more local
governments to perform governmental functions and services under the
terms of the Act.
Collin County has proposed certain updated amendments to the
Agreement, to include payment for County expenses in providing jail service
for inmates, comprised of a "Basic Charge" of $107.30 per day or part of
day per inmate that the City requests be confined on charges brought by
the City's peace officers, and additional charges for reimbursement of
County expenses for health-care services, such that the updated
Agreement shall be comprised of the terms set forth in Exhibit 1 and Exhibit
2 attached in the Council's Agenda Packet. Approval would extend the
agreement through September 30, 2024.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AN
UPDATED INTERLOCAL AGREEMENT FOR JAIL SERVICES BETWEEN
COLLIN COUNTY, TEXAS AND THE CITY OF ANNA, TEXAS AND
AUTHORIZING THE CITY MANGER TO EXECUTE SAME.
e. Approve a Resolution authorizing the City Manager to execute an updated
interlocal agreement for emergency dispatch services between Collin
County and the City of Anna. (Police Chief Dean Habel)
The Interlocal Cooperation Act (Texas Government Code Chapter 791)
authorizes any local government to contract with one or more local
governments to perform governmental functions and services under the
terms of the Act.
The City of Anna contracts with Collin County to provide emergency
dispatch services for the police department. Collin County has proposed
certain amendments to the interlocal Agreement, to include payment of
dispatch service charges for FY2023 in the amount of $199,374.00 for the
extension, and an annual connection fee of $108.00 for each radio
registered on the system. The total cost quoted by Collin County to extend
the agreement to September 30, 2024 is $204,990.00.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AN
UPDATED INTERLOCAL AGREEMENT FOR EMERGENCY DISPATCH
SERVICES BETWEEN COLLIN COUNTY, TEXAS AND THE CITY OF
ANNA, TEXAS AND AUTHORIZING THE CITY MANGER TO EXECUTE
SAME.
7. Items For Individual Consideration.
a. Consider/Discuss/Action on a Resolution authorizing the City Manager to
execute an Interlocal Agreement with Collin County for the funding of
Leonard Avenue. (CIP Manager Justin Clay)
Leonard Avenue is a Minor Arterial on the City of Anna Master Thoroughfare
Plan, and is shown to be a 4-lane divided roadway.
The City of Anna submitted for the 2022 Collin County Call for Projects with
a request for funding for the construction of Leonard Avenue from East
Foster Crossing to the Collin County Outer Loop. The Collin County Call for
Projects is a very competitive process, with all cities in Collin County eligible
for funds, and only a few projects selected each year.
The City of Anna was awarded a 70/30 match, with the County funding up
to 70% of the project cost, up to $2,590,000. The city has completed the
engineering design for the project and is ready to move the project into the
bidding phase.
Approval of the Interlocal Agreement by both the City and Collin County is
required for the project funding. Once approved by both entities, staff will
finalize the bid documents and prepare the project for bid. Construction is
expected to begin in the first quarter of 2024.
A RESOLUTION OF THE CITY OF ANNA, TEXAS, AUTHORIZING THE
CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT
BETWEEN THE CITY OF ANNA AND COLLIN COUNTY CONCERNING
LEONARD ROAD FROM FOSTER CROSSING TO THE COLLIN COUNTY
OUTER LOOP
MOTION: Council Member Toten moved to approve. Council Member
Carver seconded. Motion carried 7-0.
b. Consider/Discuss/Action on a Resolution authorizing the City Manager to
execute an Impact Fee Reimbursement Agreement with Canvas Anna
Owner, LLC for the construction of public roadway and water improvements.
(City Engineer Wes Lawson)
Canvas Anna Owner, LLC is developing property in the northwest corner of
Leonard Avenue and East Foster Crossing in the City of Anna's ETJ. As a
part of their project, they will be constructing water and roadway
improvements which have been identified in the City of Anna Water Master
Plan and Master Thoroughfare Plan. The most significant of these
improvements is the extension of Leonard Avenue from the Clemons Creek
Middle School to East Foster Crossing and East Foster Crossing from
Leonard Avenue to the project's western property line. The project will also
extend a twelve -inch water main from Clemons Creek Middle School to East
Foster Crossing and continue west to the East Foster Crossing Palladium
water line.
The infrastructure projects included in the agreement will be paid for through
impact fee reimbursements collected from the adjacent properties. The City
will reimburse the developer on a quarterly basis from collected fees from
the adjacent properties for water and roadway impact fees in accordance
with the City of Anna Water Master Plan and Master Thoroughfare Plan.
A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE
CITY MANAGER TO EXECUTE AN IMPACT FEE REIMBURSEMENT
AGREEMENT WITH CANVAS ANNA OWNER, LLC FOR THE DESIGN
AND CONSTRUCTION OF PUBLIC ROADWAY AND WATER SYSTEM
IMPROVEMENTS, IN A FORM APPROVED BY THE CITY ATTORNEY;
AND PROVIDING FOR AN EFFECTIVE DATE.
MOTION: Mayor Pike moved to approve. Council Member Mayor Pro Tem
Miller seconded. Motion carried 7-0.
C. Consider/Discuss/Action on a Resolution naming the date and place of a
public hearing on the FY2023-2024 Budget. {Budget Manager Terri Doby}
Texas Local Government Code 102.006 requires that a public hearing on
the proposed budget be held the 15th day after the proposed budget is filed
with the municipal clerk but before the date of the tax levy.
Section 7.02 of the City Charter states that on or before the 15th day of
August of the fiscal year, the City Manager must submit to the City Council
a budget for the ensuing fiscal year; and at the Council meeting when the
budget is submitted, the City Council must name the date and place of the
public hearing on the budget.
A RESOLUTION OF THE CITY OF ANNA, TEXAS NAMING THE DATE
AND PLACE OF A PUBLIC HEARING ON THE FY2023 — 2024 BUDGET.
MOTION: Mayor Pike moved to set September 5t", 2023 at 6:00 PM as the
date and time for a public hearing on the FY2023-2024 Budget. Council
Member Cain seconded. Motion carried 7-0.
d. Consider/Discuss/Action on a Resolution to propose a property tax rate of
0.510717 per $100 of property valuation for the City that the Council may
adopt for the 2023 tax year and setting date and time for a public hearing
on the tax rate. (Budget Manager Terri Doby)
Texas Property Tax Code 26.04 requires that by August 7th or as soon
thereafter as practicable, the designated officer shall submit the tax rates to
the governing body. Texas Property Tax Code 26.05 requires that the
governing body of a taxing unit may not adopt a tax rate that exceeds the
lower of the voter -approval rate or the no -new -revenue rate until the
governing body has held a public hearing on the proposed tax rate. Texas
Property Tax Code 26.06 requires that the notice of public hearing contain
the names of all members of the governing body, showing how each voted
on the proposed tax rate, or if one or more members were absent, indicating
the absences.
After properties are appraised by the Collin County Appraisal District, the
Collin County Tax Assessor -Collector calculates both the No -New -Revenue
tax rate. the Voter -Approval tax rate, and the De Minimis tax rate for the City
of Anna as the designated officer to complete the tax rate calculation forms
created by the Texas Comptroller and to certify the calculations as accurate.
No -New -Revenue tax rate:
The No -New -Revenue tax rate is a calculated rate that would provide the
taxing unit with the same amount of maintenance and operations property
taxes on existing property as the previous year after taking into account
changes in appraised value. If property values rise, the No -New -Revenue
tax rate will go down and vice versa. The No -New -Revenue tax rate for
FY2024 is $0.464353 per $100.
Voter -Approval tax rate:
The Voter -Approval tax rate provides the taxing unit with the same amount
of maintenance and operations property taxes on existing property as the
previous year plus a 3.5 percent increase for those operations, in addition
to sufficient funds to pay debts in the coming year. If a taxing unit adopts a
tax rate higher than the Voter -Approval tax rate, a tax rate approval election
must be held on the November uniform election date. The Voter -Approval
tax rate for FY2024 is $0.507024 per $100.
De minimis rate:
The De minimis rate is the rate equal to the sum of the taxing unit's current
debt rate, the no -new -revenue maintenance and operations rate, and the
rate that when applied to a taxing unit's current total value, will impose an
amount of taxes equal to $500,000. The de minimis rate is an option for
small cities with a population of 30,000 or less. The De Minimis rate for
FY2024 is $0.510717 per $100.
The proposed budget is supported by a tax rate of $0.510717. Under the
Texas Property Tax Reform and Transparency Act of 2019, a city that
adopts a rate exceeding the lower of the no new -revenue tax rate or the
voter -approval tax rate must hold one public hearing. The following table is
a comparison between the proposed tax rate, last year's rate, the No -New -
Revenue rate, the De Minimis rate and Voter -Approval tax rate.
Proposed FY2024 Tax
50.510717 per $1
Rate
Preceding FY2023
$0.539750 per $1 OC
Tax Rate
No -New -Revenue Tax
$0.464353 per $10
Rate
Voter -Approval Tax
$0.507024 per $10
Rate
De Minimis Tax Rate
$0.510717 per $10
Approval of the Resolution would set $0.510717 as the Tax Year 2023
(FY2024) proposed rate. The Resolution also calls for the public hearing to
be held on September 5, 2023 at 6:00 p.m. The public hearing notice will
run in the Anna Melissa Tribune on August 17th. The Notice of Public
Hearing must conform to the prescribed format from the Texas
Comptroller's office and contain how each member of the governing body
voted on the proposed tax rate.
FY2023
FY2024
Change
Total tax rate (per $100
$0.539750
$0.510736
$(0.029014)
of value
Average homestead
$273.417
$315.578
$42.161
taxable value
Tax on average
$1.475.77
$1.611.77
$136.00
homestead
Total tax levy on all
$12.959.888
$16.017.815
$3.057.927
ro riles
The budget and tax rate are scheduled for adoption at the September 12th
Council meeting.
A RESOLUTION OF THE CITY OF ANNA, TEXAS NAMING THE
PROPOSED TAX RATE THE COUNCIL MAY ADOPT FOR THE 2023 TAX
YEAR AND SETTING THE DATES AND TIMES FOR PUBLIC HEARINGS
ON THE TAX RATE
MOTION: Mayor Pro Tem Miller moved to approve. Council Member
Carver seconded. Motion carried 7-0.
e. Consider/Discuss/Action on a Resolution rejecting all bids for the Downtown
Street Expansion project. (Interim Assistant City Manager Greg Peters)
The Paving, Drainage, and Utility Improvements to 5th, 7th, and Riggins
Project is identified as a Community Investment Program construction
project in the City of Anna, Texas.
The City of Anna has an active Capital Improvement Plan project to
construct improvements to streets, drainage, and utilities in the downtown
area. The project was publicly advertised in the Anna -Melissa Tribune and
sealed competitive bids were received on July 28, 2023 at 2pm in
compliance with Local Government Code Chapter 252.
The competitive sealed bids were opened on July 28, 2023, at
approximately 2:05pm CST in the City Council Chambers at the City of
Anna Municipal Complex, and three sealed bids were received for the
project. One of the bids was received after the publicly noticed due time of
2:OOpm. None of the bids received were within the adopted budget for the
project as shown in the FY2022-2023 Budget. As such, staff recommends
that all bids be rejected, and that the City conduct a value -engineering
process and create bid alternates for the project scope. The City will then
re -bid the project within the next 30 days.
If approved, the City will re -bid the project in the next 30 days and bring the
lowest qualified bid to the City Council for award at the City Council meeting
following the bid opening date.
A RESOLUTION OF THE CITY OF ANNA, TEXAS REJECTING ALL BIDS
RECEIVED FOR THE PAVING, DRAINAGE, AND UTILITY
IMPROVEMENTS TO 5TH, 7 TH, AND RIGGINS STREET PROJECT AT
THE BID OPENING ON JULY 28, 2023; AND PROVIDING FOR AN
EFFECTIVE DATE.
MOTION: Council Member Carver moved to approve. Council Member
Toten seconded. Motion carried 7-0.
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). Zoning and Related Ordinances. City Regulations.
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). City
Secretary Annual Review.
No Closed Session was held.
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.
No action was taken.
10. Adjourn.
Mayor Pike adjourned the meeting at 7:06 PM.
Approved on the nd a of August 2023
�L-
Mayor Nate Pike
City Secretary Carrie L. Land