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HomeMy WebLinkAboutCCmin2018-02-13ANNACITYCOUNCIL MINUTES WORK SESSION February 13, 2018 The City Council of the City of Anna met in Work Session on the above date at Anna City Hall, located at 111 North Powell Parkway (Hwy 5), to consider the following items. 1. Call to Order, Roll Call and Establishment of Quorum Mayor Pike called the meeting to order at 6:30 p.m. Council Members Beazley and Miller were absent. Council Member Beazley arrived at 6:48 p.m. 2. Discuss State Highway 5/Powell Parkway project rights -of -ways. Public Works Director Joseph Johnson gave a brief project overview. 3. Discuss progress of new website design and other community education efforts. (Jessica Perkins) Assistant to City Manager Jessica Perkins gave a brief project update. 4. 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); acquisition of right-of-way, easements MOTION: Council Member Martinez moved to enter closed session. Council Member Bryan seconded. Motion carried 6-0. Mayor Pike recessed the meeting into closed session at 6:47 p.m. Mayor Pike reconvened the meeting at 7:28 p.m. 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. 5. 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. 6. Adjourn. There being no further business before the Council, we will consider this meeting adjourned at p.m. Mayor Pike adjourned the meeting at 7:29 p.m. Approv n th7M3ah 13, 2018. Mayor N to Pike ATTEST: City Secretary Carrie L. Smith ANNACITYCOUNCIL MINUTES REGULAR SESSION February 13, 2018 Call to Order/Roll Call and Establishment of Quorum Mayor Pike called the meeting to order at 7:34 p.m. All members were present. 2. Invocation and Pledge of Allegiance. Mayor Pike led the invocation and pledge. 3. Citizen Comments. Citizens are allowed three minutes to speak. The Council is unable to respond to or discuss any issues that are brought up during this section that are not on the agenda, other than to make statements of specific factual information in response to a citizen's inquiry or to recite existing policy in response to the inquiry. Marietta Schell, 2115 Taylor Road, feels there is a disconnect in communication between the City and the citizens. She requested Council stop new development until the Neighborhood Design Manual is complete. William Morgan, 2029 Helmoken Falls Drive, opposed to Items #9; #10 and #12. He would like more information on the City Facilities Council has approved. Tom Plunkett, 917 Calder Ct, thanked Fire Marshall Dockray for assisting a needy resident. He requested everyone vote in the County Election; which, voting begins February 2. 4. Receive reports from Staff or the City Council about items of community interest. Items of community interest include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen (but not including a change in status of a person's public office or public employment); a reminder about an upcoming event organized or sponsored by the goveming body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the goveming body that was attended or is scheduled to be attended by a member of the goveming body or an official or employee of the municipality, and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. 5. Consent Items. These items consist of non -controversial or "housekeeping" items required by law. Items may be considered individually by any Council member making such request prior to a motion and vote on the Consent Items. Items f., g. and h. were removed from the consent agenda. a. Approve minutes for the City Council January 23, 2018 meeting. b. Review minutes of the CDC's meeting from November 2, 2017 and December 7, 2017. (Jessica Perkins) c. Review minutes of the EDC's meeting from November 2, 2017 and December 7, 2017. (Jessica Perkins) d. Review minutes of the Park Board's meetings for November 27, 2017 and December 18, 2017 (Maurice Schwanke). e. Approval of a Resolution supporting the reconstruction and expansion of State Highway 5 in the City of Anna by the Texas Department of Transportation. (Joseph Johnson) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS IN SUPPORT OF THE RECONSTRUCTION AND WIDENING OF STATE HIGHWAY 5 FROM STATE HIGHWAY 121 TO COUNTY ROAD 375. MOTION: Council Member Beazley moved to approve consent agenda items a. through e. Council Member Bryan seconded. Motion carried 7-0 f. Review Quarterly Investment Report (Dana Thornhill) In accordance with the Public Funds Investment Act, the City of Anna is required to submit a quarterly report on the investment of all Public Funds held by the City. The report was developed with our investment advisors, Valley View Consulting, LLC. The report included the following: • Review of economic conditions • Review of the City's holdings • Comparison of book vs. market value • Allocation information • Other information related to PFIA MOTION: Mayor Pike moved to approved. Council Member Beazley seconded. Motion carried 7-0. g. Approval of a Resolution and Interlocal Agreement with Collin County for Dispatch Services for Fire Department Each year the City enters into a ILA with Collin County for Dispatch services for the Police Department. Recently the County discovered that Inter -local agreement's had not been done with area Fire Departments. This Inter -local agreement will not change procedures that have been taking place over the years. The County will still provide Dispatch Services to the Fire Department at zero cost. MOTION: Council Member Martinez moved to approve. Council Member Burr seconded. Motion carried 7-0. h. Approve a Resolution Reaffirming the City of Anna Strategic Plan (City Council) As a result of a Saturday Work Session, Staff is asking that City Council reaffirm the City of Anna Strategic Plan, originally adopted in April 2017. The plan is a critical communication to Staff of City Council's desired direction. Its reaffirmation will guide Staff as we approach all projects in the current fiscal year and begin our development of the fiscal year 19 budget. A RESOLUTION OF THE CITY OF ANNA, TEXAS, REAFFIRMING THE CITY OF ANNA STRATEGIC PLAN MOTION: Council Member Beazley moved to approve. Council Member Burr seconded. Motion carried 7-0. Mayor Pike moved to Item 13. on the agenda. 6. A) Conduct a public hearing to consider public comments regarding a request by Standridge Companies, owner(s) of the property, to change the zoning of the subject property from (AG) Agricultural to (PD) Planned Development with (C-1) restricted commercial with additional uses. The property is generally located at the northwest corner of U.S. Highway 75 and West White Street (FM 455). (Maurice Schwanke) B) Consider/Discuss/Action on a recommendation regarding a request by the owner of the property to be granted a zoning change from (AG) Agricultural uses to (PD) Planned Development Uses. Mayor Pike recused himself from the meeting. The requested zoning change contains 77.97 +/- acres adjacent to the west side of U.S. Highway 75 and north of West White Street (F.M. 455). This tract has been contemplated by Anna's Comprehensive Plans as a commercial area but never was part of a permanent zoning application. The uses proposed are consistent with the Plans and area. The tract has approximately 4,200 lineal feet of frontage on U.S. 75 and approximately 750 lineal feet along West White Street. TXDOT has already acquired right-of-way for U.S. 75 expansion. Being at the most prominent entry point into the City off of U.S. 75 It is anticipated that this tract will be a significant economic/service engine for the community. With the development of this tract a north/south thoroughfare is anticipated along the western boundary as shown on the existing Comprehensive Plan and the proposed Comprehensive Plan currently being prepared. One of the requests of the PD is for the maximum height to be allowed at 100 feet (currently 35 feet). At this time, however, the request would burden our Fire Departments capabilities. As such the Fire Department is recommending a maximum height of 55 feet to the top of the ceiling of the highest floor constructed. The buildings would ultimately be higher with parapet walls and roof systems. I n the future, extending the height could be an option for this site and the U.S. 75 corridor in general. Mayor Pro Tem Burr opened the public hearing at 8:36 p.m. William Morgan, 2029 Helmoken Falls Dr., is concerned with fire protection. Stacy Standrige, property owner was present to answer any questions. Mayor Pro Tem Burr closed the public hearing at 8:39 p.m. 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. MOTION: Council Member Martinez moved to approve. Council Member Beazley seconded. Motion carried 6-0. Mayor Pike returned to the meeting. 7. A) Conduct a public hearing to consider public comments regarding a request by Zablink Hospitality, owner(s) of the property, to allow for a (SUP) Special Use Permit authorizing the use of a hotel on the subject property and approval of a Site Plan. The property is generally located at the northeast corner of U.S. Highway 75 and West White Street (FM 455). (Maurice Schwanke) B) Consider/Discuss/Action on recommendation regarding a request by the owner of the property to be granted a (SUP) Special Use Permit to allow for hotel uses on the subject property and approval of a Site Plan. The owner of the property is requesting a Special Use Permit and approval of a Site Plan to allowthe use of a hotel on the property. A Special Use Permit is required for a hotel use by the Planned Development ordinance's development standards for the subject property. Mayor Pike opened the public hearing at 9:05 p.m. Carl Smith, 518 Creekview Drive, opposed to hotel. William Morgan, 2029 Helmoken Falls Dr., opposed to hotel. David Stump, 321 Creekside Dr, favors hotel. Danny Ussery, 1813 Sablewood Dr., opposed to location of hotel. Jody Foster, 2401 Hillside, opposed to hotel. Erin Thompson, 210 Stanley Falls, opposed to location of hotel. Patty LeFrak, 308 Creekview, opposed to location of hotel. Jim Henderson, 2401 Hillside, opposed to location of hotel. Reverend Lusky„ 524 Creekview, opposed to location of hotel. Anna Bishara, 2405 Pottview, opposed to location of hotel. Marietta Schell, 2115 Taylor, opposed to location of hotel. Mayor Pike closed the public hearing at 9:42 p.m. 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 PROPERTIES 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 PENALTYAMOUNT ALLOWED BY LAW, WHICHEVER IS LESS; AND, PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. MOTION: Council Member Beazley moved to approve. Council Member Martinez seconded. Motion carried 6-1. Bryan opposed. 8. Consider/Discuss/Action on resolution approving "Anna Town Center Lot 3, Block A" Final Plat.(Maurice Schwanke) The "Anna Town Center Lot A Block 3" final plat contains 2.002 acres located in the Thomas Ratton Survey, Abstract No. 782, and the RT Duffau Survey, Abstract No. 288. The final plat is Lot 3, Block A of the Anna Town Center Addition. A letter is on file stating that no downstream properties will be impacted by the Development. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A FINAL PLAT OF ANNATOWN CENTERADDITION BLOCKA, LOT 3. MOTION: Council Member Beazley moved to approve. Council Member Miller seconded. Motion carried 6-1. Bryan opposed. 9. Consider/Discuss/Action regarding a Resolution finding a public necessity and authorizing City staff to use lawful means, including negotiations and, if necessary, proceedings in eminent domain, to acquire an easement on private property owned by Richard L. Chron and Bill & Darla Theis. (Joseph Johnson) The US 75 Utility Relocation Project consists of approximately 11,957 linear feet of water line relocations necessary due to additional right-of-way acquisition by the Texas Department of Transportation (TxDOT) for the reconstruction of US 75. The project is at a critical juncture where City utilities must be relocated promptly in order to avoid conflicts with imminent roadway construction. This yet to be acquired easement is preventing the project from moving forward. In order to construct this water line, the City will need to acquire an easement across property owned by Richard L. Chron and Bill & Darla Theis. The attached Resolution authorizes staff to negotiate, and, if necessary, initiate eminent domain proceedings to acquire the easement. The US 75 Utility Relocation Project supports the following goals from the City's adopted Strategic Plan: (1) Upgrade City Facilities & I nfrastructure (2) Build Transportation Infrastructure A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, FINDING THAT A PUBLIC NECESSITY EXISTS FOR ACQUISITION OF A PERMANENT WATER LINE EASEMENT ON AND UNDER 0.280 ACRES OF REAL PROPERTY, MORE OR LESS; AUTHORIZING THE CITY MANAGER, STAFF, CONTRACTORS, AND THE CITY'S ATTORNEYS TO ACQUIRE SAID EASEMENTS BY ANY LAWFUL MEANS, INCLUDING BUT NOT LIMITED TO NEGOTIATIONS, AND, IF NECESSARY, PROCEEDINGS IN EMINENT DOMAIN; PROVIDING AN EFFECTIVE DATE. MOTION: Council Member Beazley moved to approve. Council Member Bryan seconded. Motion carried 7-0. 10. Consider/Discuss/Action regarding a Resolution authorizing the City Manager to execute a contract with Wilson Contractor Services, LLC for the Foster Crossing Water Line Project. (Joseph Johnson) The City Council previously granted authorization to solicit competitive sealed proposals for the Foster Crossing Water Line Project. The project includes approximately 6,700 linear feet of 12" water line to be installed along Foster Crossing generally between SH 5 and Pecan Grove. The project is identified as a necessary project in our 10 -year Capital Improvement Plan, will complete a critical water loop in our distribution system, and allows for activation of the Collin Pump Station. On January 11, 2018 at 3:00 PM, competitive sealed proposals were publicly opened and read for the Foster Crossing Water Line Project. 9 proposals were received. Our engineering consultant (Birkhoff, Hendricks & Carter) has evaluated the competitive sealed proposals received; checked references, and the contractors' qualifications and ability to perform the project. Subsequently, our consulting engineer has recommended that the City accept the proposal from Wilson Contractor Services, LLC and award them a contract in the amount of $622,712.92. Funds are available for this project in the 2012 Certificates of Obligation fund balance. The Foster Crossing Water Line Project supports the following goals from the City's adopted Strategic Plan: (1) Upgrade City Facilities & Infrastructure A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH WILSON CONTRACTOR SERVICES, LLC OF DENTON, TEXAS FOR THE FOSTER CROSSING WATER LINE PROJECT. MOTION: Council Member Beazley moved to approve. Council Member Martinez seconded. Motion carried 5-2. Bryan and Miller opposed. 11. Consider/Discuss/Action on an Ordinance ordering a General and Special Election to be held on May 5, 2018. This ordinance calls the May 5, 2018 general election for Mayor and for Place 1 on the City Council and a special election that proposes Charter amendments for decision by the voters. The ordinance further authorizes the City Manager to execute all necessary agreements for a joint election with the Anna ISD and the County for purposes of savings and uniformity. Staff recommends approval of the ordinance. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, ORDERING A GENERAL ELECTION TO BE HELD ON MAY 5, 2018 FOR THE PURPOSE OF ELECTING A MAYOR AND ONE CITY COUNCIL MEMBER AND A SPECIAL ELECTION TO PROPOSE TO VOTERS CERTAIN AMENDMENTS TO THE CITY OF ANNA, TEXAS HOME -RULE CHARTER; DESIGNATING POLLING PLACES; ORDERING NOTICES OF ELECTION TO BE GIVEN; AUTHORIZING EXECUTION OF JOINT ELECTION CONTRACTS; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION: Council Member Beazley moved to approve. Council Member Bryan seconded. Motion carried 7-0. 12. Consider/Discuss/ Action on an extension of the Hurricane Creek Subdivision Improvement Agreement. (Maurice Schwanke) After lengthy discussion and work, the City Council approved the Villages of Hurricane Creek Subdivision Improvement Agreement with an effective date of March 11, 2015. Within the agreement the Developer and the City had several obligations that would have needed to occur. The developer will not be able to meet their obligations by the expiration of the agreement. As such, the developer is proposing to extend the agreement for a two year period With some minor agreement changes. The staff would like to have 90 days to review the agreement and come back with recommendations for the Council to consider. A RESOLUTION OF THE CITY OF ANNA, TEXAS, TEMPORARILY EXTENDING THE VILLAGES OF HURRICANE CREEK SUBDIVISION IMPROVEMENT AGREEMENT MOTION: Council Member Bryan moved to approve. Council Member Burr seconded. Motion carried 7-0. 13. Consider/Discuss/Action on a Resolution Directing Publication of Notice of Intention to issue Certificate of Obligation (Dana Thornhill) Pursuant to the City's Strategic Plan Goal to Upgrade City Facilities and Infrastructure, it is the intent of the City to issue Certificates of Obligations for a City Hall which will include the Council Chambers, Police Station, Municipal Court, and other City departments, as well as a stand-alone Fire Station. The issuance of these bonds would have no tax rate impact. In addition, in pursuant to this Strategic Plan Goal to Build Transportation Infrastructure, it is also the Intent of the City to issue Certificate of Obligations for street improvements throughout the City. These bonds would have no tax rate impact as well. In the event any funds are remaining, once these projects are completed, the City will use the remaining bond funds for the purchase of a fire apparatus and information technology equipment, software, and related infrastructure. Jim Sabonas from Hilltop Securities, the City's Financial Advisors, provided a brief presentation as it relates to the issuance of tax-exempt Certificate of Obligation Bonds. Randall Scott the architect for the City Facilities gave a brief presentation showing a floorplan with the police station being located in City Hall. DIRECTING PUBLICATION OF NOTICE OF INTENTION TO ISSUE COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION; AND RESOLVING OTHER MATTERS RELATING TO THE SUBJECT MOTION: Council Member Burr moved to approve. Council Member Beazley seonded. Motion carried 7-0. 14. 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); acquisition of right-of-way, easements No action. 15. Consider/Discuss/Action on any items listed on the posted agenda or any closed session occurring during this meeting, as necessary No Action. 16. Adjourn. Mayor Pike adjourned the meeting at 10:52 p.m. ATTEST: City Secretary Carrie L. Smith 13, 2018.