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HomeMy WebLinkAboutCCmin2018-03-13ANNACITYCOUNCIL MINUTES WORK SESSION March 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 Martinez, Reeves and Miller were absent. Council Member Martinez arrived at 6:36 p.m. Council Member Miller arrived at 6:40 p.m. 2. Presentation of the City of Anna early notification system. (Chief Gothard) Fire Chief Gothard and Police Chief Caponera gave Council a brief presentation on the City's current early notification system and proposed future improvements. 3. 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); city contract services 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, city facilities c. Discuss or deliberate personnel matters (Tex. Gov't Code §551.074); City Manager, Boards and Commissions MOTION: Council Member Bryan moved to enter closed session. Council Member Beazley seconded. Motion carried 6-0. Mayor Pike recessed the open meeting at 6:56 p.m. Mayor Pike reconvened the open 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. 4. 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. None 5. 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. Approved on2 ar 27, 20 Mayor N to Pike ATTEST: A, 4,-14 City Secretary Carrie L. Smith ANNACITYCOUNCIL MINUTES REGULAR SESSION March 13, 2018 1. Call to Order/Roll Call and Establishment of Quorum Mayor Pike called the meeting to order at 7:32 p.m. Council Member Reeves was absent. 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. William Morgan, 2029 Helmoken Falls Dr. - spoke briefly on items 5e., 11, & 12. 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. Council Member Burr introduced Boy Scouts troop 293. They were in attendance to earn their citizenship badge. 5. Consent Items. These items consist of non -controversial or "housekeeping" items required by law. Items maybe considered individually by any Council member making such request prior to a motion and vote on the Consent Items. Items c., d., f., and g. were removed from the consent agenda. MOTION: Council Member Beazley moved to approve Items a., b., and e. Council Member Bryan seconded. Motion carried 6-0. a. Approve Council Meeting Minutes for February 13th and 27th. (City Secretary) b. Approve a resolution approving the "Mangum" development plat. (Maurice Schwanke) c. Approve a resolution approving the "Park Place at Anna PH 1" Final Plat. (Maurice Schwanke) Item c. was moved to discuss after Item 12. The Park Place at Anna PH 1 final plat contains 24.80 acres located in the R. A. Johnson Survey, Abstract No. 479. The final plat contains 73 residential lots. The final plat layout is in conformance with the existing zoning and with the approved preliminary plat. A letter is on file stating that no adverse impacts on drainage downstream. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A FINAL PLAT OF PARK PLACE AT ANNA PH 1. MOTION: Council Member Bryan moved to approve. Council Member Beazley seconded. Motion carried 6-0 d. Approve a resolution approving "Anna Country RV Ranch" development plat. (Maurice Schwanke) The development plat is located within Anna's extraterritorial jurisdiction (ETJ) and generally known as 12345 County Road 577. The tract is in the William W. Roberts Survey, Abstract No. 785 and contains 16.089 acres of land. The owner is proposing constructing a Recreational Vehicle Park located outside Anna City limits but within the ETJ. The City of Anna does not have land use jurisdiction in the ETJ. The submittal meets the City of Anna development plat requirements. The Planning and Zoning Commission recommended approval at their March 5th, 2018 meeting. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE "ANNA COUNTRY RV RANCH" DEVELOPMENT PLAT" MOTION: Council Member Beazley moved to approve. Council Member Miller seconded. Motion carried 6-0. e. Approve an Ordinance altering the prima facie speed limits on FM 455 between SH 5 and US 75. (Joseph Johnson) f. Approve a Resolution approving a Facilities Use Agreement with the Anna Sports Group for 2018 and Authorizing the City Manager to Execute Same. (Maurice Schwanke) This is a Resolution authorizing the renewal of the Facilities Use Agreement with the Anna Youth Sports Association for 2018. The Anna Sports Group is set up to provide fundamental sports for children ages 5 to 18 years. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A FACILITIES USE AGREEMENT WITH THE ANNA SPORTS GROUP FOR 2018, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME. MOTION: Council Member Bryan moved to approve. Council Member Burr seconded. Motion carried 6-0. g. Approve a Resolution approving a Special Event Permit for a fundraising activity on April 7th, 2018 for the Samaritan Inn. (Maurice Schwanke) Jody Bills has made application for a Special Event Permit on property located at 817 W. White St. The funds generated by this event will support the Samaritan Inn. The event will take place on April 7th from 11:00 am to 3pm. There will be no vendors present. Donations of clothing, hygiene items, and canned foods will be accepted. The activities proposed include bounce houses, DJ, face painting, and basketball goal. Free hot dogs, chips and drinks will be provided. This activity was reviewed internally by the staff (fire, police, parks, public works and planning). Subsequently, the Special Event Permit has been recommended for approval by the Parks Board at their regularly scheduled meeting on February 19th. RESOLUTION REGARDING THE APPROVAL OF A SPECIAL EVENT PERMIT SPONSORED BY JODY BILLS OF LIBERTY TAX SERVICE FOR A FUNDRAISER EVENT FOR THE SAMARITAN INN ON SATURADAY, APRIL 7TH, 2018 AT 817 WEST WHITE STREET. MOTION: Council Member Beazley moved to approve. Council Member Martinez seconded. Motion carried 6-0. 6. Consider/Discuss/Action regarding making an appointment to the CDC board to fill vacancy of place. (City Secretary) MOTION: Mayor Pike moved to appoint Joseph Vollmer. Council Member Martinez seconded. Motion carried 6-0. Mr. Vollmer will have to resign from the Neighborhood Design Advisory Committee and Council Member Miller re -appoint a committee member at a future meeting. 7. Consider/Discuss/Action regarding making an appointment to the EDC board to fill vacancy of place 7. (City Secretary) MOTION: Council Member Burr moved to appoint Joseph Vollmer. Council Member Beazley seconded. Motion carried 6-0. 8. Consider/Discuss/Action on an appointment to the Parks Advisory Board filling a vacancy to Place 1 with a term expiring in June 2019.(City Secretary) MOTION: Council Member Beazley moved to appoint Danna Ward. Council Member Martinez seconded. Motion carried 5-1. Bryan opposed. 9. Consider/Discuss/Action regarding two appointments to the Anna Fire and Auxiliary Association Inc. Board of Directors. The Anna and Fire Rescue Auxiliary Association Inc. is a non-profit organization that was created in 2010 in connection with the formal creation of the City of Anna Fire Department. The Association is governed by a five -member Board of Directors. Two of the Board members are recommended by the members of the Association and approved by the full board, two other members (Director 3 and Director 4) are appointed by the City Council, and the fifth member of the Board is the Anna Fire Chief. The positions of Director 3 and Director 4 have recently become vacant due the members being hired by other agencies and no longer living in the area. Director 3 is a full three year appointment. Director 4 will be filling an unexpired term for 1 year. The Association membership is recommending that the Council appoint Katie Pulliam to serve as Director 3, and Brennan Lunsford to be appointed as Director 4. MOTION: Council Member Bryan moved to appoint Katie Pulliam as Director 3 and Brennan Lunsford as Director 4. Council Member Martinez seconded. Motion carried 6-0. 10. A) Continuance of the public hearing to consider public comments regarding a request by Skorburg Company, owner(s) of the property. The property is currently zoned Planned Development Ordinance 129-2004 as amended by Ordinance number 627-2013 which allows commercial, multifamily and single family on the subject tract. The owner request to add to the Planned Development the right for Patio Homes (smaller lots) on a specific tract . The property is located east of Finley Blvd. and north of Sharp street. B) Consider/Discuss/Action on an ordinance regarding the request by the owner(s) of the property to add to the Planned Development Ordinance 129- 2004 as amended by Ordinance number 627-2013 the right for patio homes on small lots on a specific tract. (Maurice Schwanke) Mayor Pike opened the public hearing at 7:58 p.m. William Morgan opposed smaller homes and lots. Mayor Pike closed the public hearing. MOTION: Council Member Martinez moved to deny. Council Member Miller seconded. Motion carried 4-2 Bryan and Burr opposed. 11. 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 Judy K. Logsdon. (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 Judy K. Logsdon. 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 0.236 ACRES OF REAL PROPERTY, MORE OR LESS; AUTHORIZING THE CITY MANAGER, STAFF, CONTRACTORS, AND THE CITY'S ATTORNEYS TO ACQUIRE SAID EASEMENTS BYANY LAWFUL MEANS, INCLUDING BUT NOT LIMITED TO NEGOTIATIONS, AND, IF NECESSARY, PROCEEDINGS IN EMINENT DOMAIN; PROVIDING AN EFFECTIVE DATE. MOTION: Council Member Bryan moved that the City of Anna, Texas authorize the use of eminent domain to acquire 0.236 acres of land, more or less, for a permanent water line easement, said tract located in the R.A. Johnson Survey, Abstract No. 0479, Collin County, Texas, and being over, under and across a called 2.8246 acre tract of land conveyed to Judy K. Logsdon by deed recorded in Instrument Number 20080721000883320 of the Deed Records of Collin County, Texas (D.R.C.C.T.), said 0.236 acres being more particularly described by the metes and bounds description set forth in Exhibit A to this Resolution, which I incorporate in full into my motion. Council Member Beazley seconded. Motion carried 6-0. 12. Consider/Discuss/Action regarding a resolution approving a Subdivision Improvement Agreement for Park Place at Anna Ph. 1. (Maurice Schwanke) Park Place at Anna is a residential development located on the west side of an extension of Ferguson Parkway, and south of Taylor Blvd. As part of the development, in lieu of constructing, reconstructing, or making other improvements to Taylor Blvd. that would otherwise be required by City Regulations in connection with Development of the Property, Owner is making a payment to the City in an amount equal to $336,500 (the "Roadway Facilities Payment"). The payment will be made within thirty (30) days of the City's approval of the first phase final plat. These funds and funds potentially contributed by Collin County could assist in providing improved access to this development and other developments. The City agrees that the Roadway Facilities Payment will only be used to construct, reconstruct, expand, modify, and maintain the roadway known as Taylor Blvd. located between US 75 and Ferguson Parkway. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A SUBDIVISION IMPROVEMENT AGREEMENT WITH ANNA LAND DEVELOPMENT, ATEXAS GENERAL PARTNERSHIP. MOTION: Council Member Burr moved to approve. Council Member Martinez seconded. Motion carried 6-0. Council went to Consent Agenda Item c. 13. Consider/Discuss/Action on a Resolution instituting Annexation proceedings and setting the dates, times and places for public hearings for the annexation of a 10.144 acre tract of land located in the Grandison Stark Survey, Abstract No. 798. (Maurice Schwanke) The proposed annexation involves approximately 10.144 acres of land within the Grandison Stark, Abstract No. 798. The area fronts on E. Foster Crossing Road and is east of State Highway Number 5. and is owned by the Skorburg Company. The Skorburg Company has petitioned the City requesting the annexation (voluntary). A RESOLUTION ESTABLISHING THE DATES, TIMES, AND PLACES FOR PUBLIC HEARINGS FOR THE ANNEXATION OF PROPERTY. MOTION: Council Member Burr moved to approve. Council Member Miller seconded. Motion carried 6-0. 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); City Services Contract 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, city facilities C. Discuss or deliberate personnel matters (Tex. Gov't Code §551.074); City Manager, Boards and Commissions MOTION: Council Member Martinez moved to adjourn into closed session. Council Member Bryan seconded. Motion carried 6-0. Mayor Pike recessed the open meeting at 9:18 p.m. Mayor Pike reconvened the open meeting at 10:18 p.m. 15. Consider/Discuss/Action on any items listed on the posted agenda or any closed session occurring during this meeting, as necessary 16. Adjourn. Mayor Pike adjourned the meeting at 10:22 p.m. ATTEST: City Secretary Carrie L. Smith Approv,p'd on Wyor'Nate Pike r i 27, 2018. CITY OF ANNA SPEAKER SIGN -IN FORM WELCOME TO THE ANNA CITY COUNCIL MEETING! • Those wishing to address the City Council are asked to complete this form. Please present the form and ten (10) copies of any written notes or handouts to the City Secretary prior to the Regular meeting. Groups wishing to address the same issue are encouraged to select a spokesperson. • The Presiding Officer will ask those wishing to address the City Council to do so at the appropriate time. Please approach the speaker's stand, state your name and address for the record, and discuss the specific agenda item or topic of interest. Please direct your comments only to the Presiding Officer. Note: With the exception of public hearings, the City is not required by law to allow for citizen comment. Please be courteous and refrain from language or behavior that is disorderly or disruptive to the conduct of City business. • Although the City Council cannot take specific action on Citizens' Comments on items not on the Regular Agenda due to legal requirements, the City Council may: 1. Have the item placed on a future agenda for action; 2. Refer the item to the full City Council or a subcommittee for further study; 3. Refer the item to staff for study or conclusion. We appreciate your interest in the community and hope you will visit again soon. Name: i l l iM �� Date: 3 1 g Address: VI ' n✓Cer,� f+-J /tci City/State/Zip: CITIZENS' COMMENTS: This item is available for citizens to speak on any subject including items on the agenda that are not Public Hearing items. However, by State law, no action may be taken on the topic. The time limit is three minutes per speaker, not to exceed a total of fifteen minutes for all speakers. Note that the three -minute time limit applies to each speaker regardless of the number of items the speaker may choose to discuss. PLEASE PROVIDE THE TOPIC(S) YOU WILL DISCUSS UNDER THE "CITIZENS' COMMENT" ITEM: PUBLIC HEARING Agenda Item #/0 .4' 1 wish to speak IN FAVOR of this item. I wish to speak IN OPPOSITION to this item. I do not wish to speak. Please record my SUPPORT OPPOSITION. Additional Comments: January 18, 2018 Council Speaker Sign -In Sheet CITY OF ANNA SPEAKER SIGN -IN FORM WELCOME TO THE ANNA CITY COUNCIL MEETING! • Those wishing to address the City Council are asked to complete this form. Please present the form and ten (10) copies of any written notes or handouts to the City Secretary prior to the Regular meeting. Groups wishing to address the same issue are encouraged to select a spokesperson. • The Presiding Officer will ask those wishing to address the City Council to do so at the appropriate time. Please approach the speaker's stand, state your name and address for the record, and discuss the specific agenda item or topic of interest. Please direct your comments only to the Presiding Officer. Note: With the exception of public hearings, the City is not required by law to allow for citizen comment. Please be courteous and refrain from language or behavior that is disorderly or disruptive to the conduct of City business. • Although the City Council cannot take specific action on Citizens' Comments on items not on the Regular Agenda due to legal requirements, the City Council may: 1. Have the item placed on a future agenda for action; 2. Refer the item to the full City Council or a subcommittee for further study; 3. Refer the item to staff for study or conclusion. We appreciate your interest in the community and hope you will visit again soon. Name: / rn �� Date: l3 (Y Address: City/State/Zip: /i-' Ipa CITIZENS' COMMENTS: This item is available for citizens to speak on any subject including items on the agenda that are not Public Hearing items. However, by State law, no action may be taken on the topic. The time limit is three minutes per speaker, not to exceed a total of fifteen minutes for all speakers. Note that the three -minute time limit applies to each speaker regardless of the number of items the speaker may choose to discuss. PLEASE PROVIDE THE TOPIC(S) YOU WILL DISCUSS UNDER THE "CITIZENS' COMMENT" ITEM: PUBLIC HEARING Agenda Item #. I wish to speak IN FAVOR of this item. I wish to speak IN OPPOSITION to this item. I do not wish to speak. Please record my SUPPORT OPPOSITION. Additional Comments: January 18, 2018 Council Speaker Sign -In Sheet