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HomeMy WebLinkAboutCCmin2018-11-13ANNACITYCOUNCIL MINUTES WORK SESSION November 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 Member's Tutson and Beazley were absent. 2. Update on the process and timeline for the Villages of Hurricane Creek PID/TIRZ District Impovement Bond Issuance 3. Discussion on the November 27, 2018 Agenda. 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); city facilities; acquisition of easements c. Discuss or deliberate personnel matters (Tex. Gov't Code §551.074); City Secretary Annual Review d. 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); possible incentive agreements with property developers; pending negotiations on development agreements. None. 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. None. 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 6:57 p.m. \\,NUu u u iuH,p��i F ••�,�'%;Approved th De m er 11, 2018. V: r * ' Mayor ate Pike ATTEST: '��,,�* •• City Secretary Carriet. Smith ANNA CITY COUNCIL MINUTES REGULAR SESSION November 13, 2018 1. Call to Order/Roll Call and Establishment of Quorum Mayor Pike called the meeting to order at 7:00 p.m. Council Member's Tutson and Beazley were 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. Andy Michrina, 902 Fulbourne Dr - spoke regarding a future dog park. 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. a. Recognize graduates from the 2018 Citizen's Academy. (Mayor Pike) b. Proclamation to Anna Coyote Marching Band (Mayor Pike) C. Proclamation for National Traffic Incident Response Awareness Week of November 11-17, 2018. (Mayor Pike) 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. a. Approve Council Meeting Minutes from October 23, 2018. (City Secretary) b. Review minutes from the meeting of the Economic Development Corporation from September 6, 2018 and October 4, 2018. (Jessica Perkins) c. Review minutes from the meeting of the Community Development Corporation from August 23, 2018, September 6, 2018 and October 4, 2018. (Jessica Perkins) d. Review of minutes of the September 10, 2018 Planning and Zoning meeting. (Maurice Schwanke) e. Review the minutes of the October 1, 2018 Planning and Zoning meeting. (Maurice Schwanke) f. Approve a Resolution re -appointing Anthony Richardson to the Greater Texoma Utility Authority (GTUA) Board of Directors. (City Secretary) g. Approving a Resolution approving Contract Amendment 3 for Environmental Services with Collin County. (Maurice Schwanke) h. Approving a Resolution approving the West Crossing Phase 9 Final Plat. (Maurice Schwanke) i. Consider/Discuss/Action on a Resolution approving the West Crossing Phase 11 Final Plat. (Maurice Schwanke) Approving a Resolution approving the Avery Pointe Phase 5 Final Plat. (Maurice Schwanke) k. Approving a Resolution approving the Chandler Development Plat. (Maurice Schwanke) I. Approving a Resolution approving a special event application by Kevin Hall, Executive Director and representative for the Greater Anna Chamber of Commerce to sponsor a "Christmas Parade" event to be held on Saturday, December 8th, 2018. (Maurice Schwanke) MOTION: Council Member Bryan moved to approve the consent agenda. Council Member Miller seconded. Motion carried 5-0. 6. Consider/Discuss/Action on a Resolution approving and authorizing the Mayor to execute a Second Amendment to the Villages of Hurricane Creek Subdivision Improvement Agreement. (City Attorney) A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE MAYOR TO ACT ON THE CITY'S BEHALF IN EXECUTING A SECOND AMENDED VILLAGES OF HURRICANE CREEK SUBDIVISION IMPROVEMENT AGREEMENT WITH CADG HURRICANE CREEK, LLC, A TEXAS LIMITED LIABILITY COMPANY MOTION: Council Member Miller moved to approve. Council Member Bryan seconded. Motion carried 5-0. 7. Public Hearing: For City Council to hear public comment regarding the creation of the Hurricane Creek Public Improvement District. (City Attorney) Mayor Pike opened the public hearing at 7:18 p.m. Mayor Pike closed the public hearing at 7:19 p.m. 8. Consider/Discuss/Action regarding a Resolution approving the creation of the Hurricane Creek Public Improvement District. (City Attorney) A RESOLUTION REGARDING THE CREATION OF THE HURRICANE CREEK PUBLIC IMPROVEMENT DISTRICT AND ORDERING PUBLIC IMPROVEMENTS TO BE MADE FOR THE BENEFIT OF SUCH DISTRICT; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND CONTAINING OTHER MATTERS RELATING TO THE SUBJECT. MOTION: Mayor Pike moved to approve. Council Member Miller seconded. Motion carried 5-0. 9. Consider/Discuss/Action on a Resolution Authorizing the City Manager to enter into a Professional Service Agreement with P3 Consulting (Dana Thornhill) During the week of October 15th, the City Manager and Finance Director along with Hilltop Securities conducted interviews with firms to serve as the City's administrator for Public Improvement Districts (PID) and Tax Increment Reinvestment Zones (TI RZ). After the interviews, it was determined staff was in agreement to recommend the City enter into an agreement with P3Works for these services. A Statement of Qualifications is attached for the company and co- founders. This role is critical to the City as the administrator will service the PI D/TI RZ over the life cycle of the PID/TIRZ. It is imperative to the successful management of the PIDs that the administrator carries out the processes as an agent of the City and protects the financial interest of the City. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO ACTON THE CITY'S BEHALF IN EXECUTING AN AGREEMENT FOR PUBLIC IMPROVEMENT DISTRICT (PID) AND TAX INCREMENT REINVESTMENT ZONE (TIRZ) CREATION AND ADMINISTRATION SERVICES WITH P3 WORKS, LLC. MOTION: Council Member Miller moved to approve. Council Member Bryan seconded. Motion carried 5-0. 10. Consider/Discuss/Action regarding a resolution appointing directors and a chairman to the board of directors of Tax Increment Reinvestment Zone Number One, City of Anna, Texas. (City Attorney) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS APPOINTING DIRECTORS AND A CHAIRMAN FOR THE BOARD OF DIRECTORS OF TAX INCREMENT REINVESTMENT ZONE NUMBER ONE, CITY OF ANNA, TEXAS, AND PROVIDING AN EFFECTIVE DATE MOTION: Mayor Pike moved to approve. Council Member Miller seconded. Motion carried 5-0. 11. A ) Conduct a public hearing to consider public comments regarding a request by Don Collins, the owner of the property. The property is currently zoned Agricultural (AG). The owner requests to replace the existing zoning to Light Commercial (C-1). The property is located at the Northwest corner of the intersection of Highway 75 and FM 455 (White St). It is on the East side of the future Standridge Blvd. (Maurice Schwanke) B) Consider/Discuss/Action on an Ordinance approving the request by the owner of the property to replace the existing zoning with Light Commercial (C-1). This tract contains approximately 6.986 acres of land. Permanent zoning on this tract was never granted after voluntary annexation. Retail zoning exists to the east, west and south. Traversing this property starting at the southwest corner adjacent to F.M. 455 to the northeast corner is a proposed 4 lane divided thoroughfare, planned to be built by the Villages of Hurricane Creek Subdivision being planned to the north. From the northeast corner of the tract proceeding northerly, Standridge Blvd is planned to be built by the Standridge Company. The property is shown as retail on the existing Comprehensive Plan and the proposed Comprehensive Plan being developed. The Planning and Zoning Commission recommended approval at the November 5th meeting. Mayor Pike opened the public hearing at 7:26 p.m. Mayor Pike closed the public hearing at 7:26 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 $2000 OR THE HIGHEST PENALTY AMOUNT ALLOWED BY LAW, WHICHEVER IS LESS; AND, PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. MOTION: Council Member Bryan moved to approve. Council Member Miller seconded. Motion carried 5-0. 12. Consider/Discuss/Action on filling a vacancy on the Economic Development Commission and Community Development Commission. (City Secretary) Doug Hermann has tendered his resignation and it has been accepted by the Commissions. We have seven applicants that have expressed interest in serving on the Commissions. Council spoke with applicants present at the meeting. MOTION: Council Member Miller moved to appoint Rocio Gonzalez. Council Member Reeves seconded. Motion carried 3-2 Bryan and Toten opposed. 13. Consider/Discuss/Action regarding passing a Resolution approving a project and related incentive agreement for a Phase 11 Incentive Agreement for new economic development with Q Seminole Anna Town Center L.P., and the Anna Community Development Corporation. (Jessica Perkins) The Community Development Corporation has negotiated an economic development agreement with the owner of a large retail tract located at the NE corner of FM 455 and US Hwy 75 — where Wal -mart is located today. This Phase I I Economic Development Incentive Agreement requires the owner of the property to construct over 5 million dollars in public infrastructure improvements (i.e. roads, water lines, sewer lines, etc.) that are necessary to the future development of Phase I I of the property which is approximately 80 acres. In consideration of the owner's faithful performance of its obligations, the Community Development Corporations will reimburse the owner for expenses related to the public infrastructure. The assistance provided by the Corporations will come from a portion of the future sales tax revenue paid to the Corporation and generated solely by new retail stores constructed on the owner's property. Sales tax revenue paid to the City's general fund will not be used to support this agreement. The financial assistance provided by the Corporations will be capped at 70% of the aforementioned sales tax revenue for a period of 20 years or until the total payments to the owner equal the maximum amount prescribed in the agreement, whichever comes first. All payments to the owner are conditional on the performance of the owner's obligations which include construction of the public infrastructure for phase 11, construction and operation of a free-standing emergency room valued at 10 million with a minimum of 25 jobs created by the emergency department, as well as 40 additional jobs created by retailers in the phase II development. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA APPROVING AND AUTHORIZING A PROJECT AND RELATED INCENTIVE AGREEMENT FOR A PHASE II INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT WITH Q SEMINOLE ANNA TOWN CENTER, L.P. AND THE ANNA COMMUNITY DEVELOPMENT CORPORATION AND AUTHORIZING THE DISBURSEMENT OF FUNDS UNDER SAID AGREEMENT MOTION: Mayor Pike moved to approve. Council Member Miller seconded. Motion carried 5-0. 14. Consider/Discuss/Action on a Resolution authorizing the City Manager to advertise for Bids for a 1906 Alco 201 steam locomotive. Provide brief discussion on funding. (Maurice Schwanke) The acquisition and restoration of a historical locomotive will help bring to fruition a concept for Sherley Heritage Park where Anna's historical train depot is located. The Parks Board has developed a concept plan for the park which is attached. The Plan includes the Depot, a replica of the Collin McKinney House, a picnic pavilion, trails, memory benches (added at the request of Councilman Toten), a statue of Collin McKinney, rail track, and a steam locomotive that is era sensitive. The possibility of acquiring a locomotive of this caliber are rare if you can even find one. This is possibly the only change the City has to accomplish this project. Work on the site has begun with the depot being reroofed with scalloped trim (By Bloomfield Homes), the backstops, batting cage, dugouts, and concession stand being removed (Parks Department). The next step in the remodel is the outside appearance. Windsor Homes will be providing the labor which will include weatherproofing, building the bump out, exterior cladding and trim. This will occur in the next several weeks. Two other local builders have also been contacted concerning other work. The addition of the steam Locomotive is an integral part of the park and will provide a regional draw to Anna for visitors, students, photo opts, and a local identity of why Anna is here. The locomotive that has been found is a 1906 Alco No. 201 that was one of three locomotives built to work on the Panama Canal. It was originally, fired by coal but was converted to oil burning during W.W. 1. The locomotive has also been used in the movie industry. The estimated cost for the locomotive and tender is $348,360 refurbished, delivered, and setup. Funding for this project will come from the Park Trust Fund which currently has a balance of $702,816.76. Conservative estimated FYI Revenues will be $483,300. Estimated FYI Expenses will be $505,800 including the locomotive and other park improvements that are part of the adopted FYI Budget. Staff is prepared to review those items for the discussion. Est FYI Ending Fund Balance - $680,316.76 The development of Sherley Heritage Park addresses an adopted Strategic Goal of the City by Promoting a "park and play' atmosphere in the downtown district. As part of the Comprehensive Plan development process the Parks Board has taken an in depth review of future parks needs, locations, and timing compared to developed local standards and NRPA stands. The timing based on population and established standards have also been attached for your review. This information has been incorporated into the development of the Comprehensive Plan. MOTION: Mayor Pike moved to table. Council Member Miller seconded. Motion carried 5-0. 15. Consider/Discuss/Action regarding a Resolution setting a Public Hearing for the purpose of amending the City's Roadway Capital Improvements Plan, Land Use Assumptions and Impact Fees. (Joseph Johnson) Impact fees are authorized under Chapter 395 of the Texas Local Government Code and may be imposed upon new developments to fund both existing and proposed infrastructure that is necessary to provide service to a development. The City's roadway impact fee was last updated in 2014. By statute the City is required to review the Land Use Assumptions and Capital I mprovement Plan (CI P) at least once every 5 years but may update them sooner as growth patterns, land use and infrastructure needs change. Over the past several months staff has worked with our engineering consultant to identify new projects that should be added to our CI P. Subsequently, land use assumptions, population projections and calculated maximum fees were evaluated with new recommendations for the population projections, and calculated maximum fees. On September 10, 2018 the updated Roadway Impact Fee Report was presented to the Impact Fee Advisory Committee. In order to move forward with updating the CI P, Land Use Assumptions and Impact Fees, the Texas Local Government Code, Chapter 395 requires that the City Council set a date and time to hold a public hearing. The report is hereby submitted to the City Council and is now available for public review. A RESOLUTION OF THE CITY COUNCI L OF THE CITY OF ANNA, TEXAS, SETTING A DATE FOR A PUBLIC HEARING FOR THE PURPOSES OF AMENDING THE CITY'S CAPITAL IMPROVEMENTS PLAN, LAND USE ASSUMPTIONS AND ROADWAY IMPACT FEES. MOTION: Council Member Toten moved to approve. Council Member Reeves seconded. Motion carried 5-0. 16. Consider/Discuss/Action regarding a Resolution setting a Public Hearing for the purpose of amending the City's Water & Wastewater Capital Improvements Plan, Land Use Assumptions and Impact Fees. (Joseph Johnson) Impact fees are authorized under Chapter 395 of the Texas Local Government Code and may be imposed upon new developments to fund both existing and proposed infrastructure that is necessary to provide service to a development. The City's water and wastewater impact fee was last updated in 2017. By statute the City is required to review the Land Use Assumptions and Capital Improvement Plan (CIP) at least once every 5 years but may update them sooner as growth patterns, land use and infrastructure needs change. Over the past several months staff has worked with our engineering consultant to identify new projects that should be added to our CIP. Subsequently, land use assumptions, population projections and calculated maximum fees were evaluated with new recommendations for the population projections, and calculated maximum fees. On September 10, 2018 the updated Water & Wastewater Impact Fee Report was presented to the Impact Fee Advisory Committee. In order to move forward with updating the CIP, Land Use Assumptions and Impact Fees, the Texas Local Government Code, Chapter 395 requires that the City Council set a date and time to hold a public hearing. The report is hereby submitted to the City Council and is now available for public review. A RESOLUTI ON OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, SETTING A DATE FOR A PUBLIC HEARING FOR THE PURPOSES OF AMENDING THE CITY'S CAPITAL IMPROVEMENTS PLAN, LAND USE ASSUMPTIONS AND WATER & WASTEWATER IMPACT FEES. MOTION: Council Member Toten moved to approve. Council Member Reeves seconded. Motion carried 5-0. 17. 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); city facilities; acquisition of easements c. Discuss or deliberate personnel matters (Tex. Gov't Code §551.074); City Secretary Annual Review d. 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); possible incentive agreements with property developers; pending negotiations on development agreements. MOTION: Council Member Bryan moved to enter closed session. Council Member Miller seconded. Motion carried 5-0. Mayor Pike recessed the meeting at 8:13 p.m. Mayor Pike reconvened the meeting at 9:18 p.m. 18. Consider/Discuss/Action on any items listed on the posted agenda or any closed session occurring during this meeting, as necessary None 19. Adjourn. Mayor Pike adjourned the meeting at 9:18 p.m. ATTEST: City Secretary Carrie L. Smith Approved o Mayor Pike r 11, 2018.