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.