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HomeMy WebLinkAboutCCmin2020-01-14ANNA CITY COUNCIL MINUTES WORK SESSION January 14, 2020 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 6:32 PM. All Council Members were present. 2. Citizen Comments At this time, any person may address the Ciiy Council regarding an item on this meeting agenda that is not scheduled for public hearing. Also, at this time any person may address the Council regarding an item that is not on this meeting agenda. Each person will be allowed up to three (3) minutes to speak. No discussion or action may be taken at this meeting on items not listed on this 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. No comments. 3. CLOSED SESSION (EXCEPTIONS) Under Tex. Gov't Code Chapter 551, session to discuss any items listed following exceptions: the City Council may enter into closed U1 referenced on this agenda under the 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). Personnel Policies, design and construction contracts, Anna Fire Rescue Auxiliary Association, Incentive Agreement 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 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. d. Discuss or deliberate personnel matters (Tex. Gov't Code §551.074); Boards and Commission Members MOTION: Council Member Toten moved to enter closed session. Council Member Beazley seconded. Motion carried 7-0. Mayor Pike recessed the meeting at 6:32 PM. Mayor Pike reconvened the meeting at 7:15 PM. 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 meeting adjourned at no further business before the Council, we will consider this PM Mayor Pike adjourned the meeting at 7:15 PM. Mayor Nate Pike ATTEST: City Secretary Carrie L. Land 28, 2020. 1. 2. 3. 4. ANNACITYCOUNCIL MINUTES REGULAR SESSION January 14, 2020 Call to Order/Roll Call and Establishment of Quorum Mayor Pike called the meeting to order at 7:18 PM. All Council Members were present. Invocation and Pledge of Allegiance. Mayor Pike led the invocation and pledge. Citizen Comments. At this time, any person may address the City Council regarding an item on this meeting agenda that is not scheduled for public hearing. Also, at this time any person may address the Council regarding an item that is not on this meeting agenda. Each person will be allowed up to three (3) minutes to speak. No discussion or action may be taken at this meeting on items not listed on this 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 inquiy. r None. 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 governing body that was attended or is scheduled to be attended by a member of the governing 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. Mayor Pike announced the 2nd Annual State of the City Address will be held on 2/11/2020 at Anna High School and followed by the regularly scheduled Council meeting. Mayor Pike announced the opening of new restaurants anticipated this year; Starbucks, Salsa Tex Mex, Whataburger and Chic Fil La. Fire Chief Isom announced the beginning of a ride -along program within the Fire Department. 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 5 d. and e. were removed from the Consent Agenda. a. Approve December 10, 2019 City Council Meeting Minutes. (City Secretary Carrie Smith) b. Review minutes of the December 2, 2019 Planning and Zoning Commission meeting. (Director of Development Services Ross Altobelli) c. Approve a Resolution approving the Quail Creek Run Place, Block A, Lots 1, 2, 3, & 4, minor plat. (Director of Development Services Ross Altobelli) Four residential lots on 8.6± acres located at the southwest corner of Taylor Boulevard and Quail Creek Run. Zoned Extraterritorial Jurisdiction (ETJ). A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE QUAIL CREEK RUN PLACE, BLOCK A, LOTS 1, 2, 31 & 41 MINOR PLAT d. Approve a Resolution approving the Anna Town Center Addition, Block A, Lots 6R, 93 101 & 11 site plan. (Director of Development Services Ross Altobelli). Four vacant lots on 38.9± acres located at the southeast corner of U.S. Highway 75 and Hackberry Drive. Zoned Planned Development 648 -2014 - General Commercial (PD -648-2014-C2). A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A SITE PLAN FOR ANNA TOWN CENTER, BLOCK A, LOTS 6R, 9, 10, AND 11. Mayor Pike moved Item d. to Agenda Item 11 for action. e. Approve a Resolution renewing an existing agreement to provide ambulance transport services through the Collin CountyAMR contract. (Chief Isom) MOTION: Mayor Pike moved to table. Council Member Toten seconded. Motion carried 7-0. f. Approve a Resolution authorizing a task order with Alliance Geotechnical for materials testing on the Municipal Complex project. (Director of Public Works Greg Peters, P.E.) The City of Anna has an active construction project, the new Municipal Complex, located in downtown Anna. As a key component to all paving and building construction projects, analysis, testing, recommendations for soil conditions, and soil treatment are required to ensure a high quality finished product. Alliance Geotechnical Group has completed the first phase of geotechnical testing and analysis for the project. Phase 1 included the initial soil sampling and recommendations for the design of the foundation and paving. The site for the Municipal Complex has had many varied uses over the years, and soil conditions encountered during the early grading have demonstrated that unforeseen objects and conditions have been and will continue to be encountered as the project moves forward. Itis critical to regularly sample and test the soil conditions during construction and provide the construction team with updates on the initial recommendations to ensure that the final product is a solid foundation which will stand the test of time. The resolution and task order authorizes Alliance Geotechnical Group to begin Phase 2 of their portion of the project, which includes materials testing, sampling, and recommendations throughout construction of the Fire Station, Municipal Building, and surrounding pavement. The task order will be funded through Municipal Complex Bond Funds. A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A TASK ORDER WITH ALLIANCE GEOTECHNICAL GROUP FOR MATERIALS TESTING ON THE MUNICIPAL COMPLEX PROJECT IN AN AMOUNT NOT TO EXCEED ONE HUNDRED TWO THOUSAND FOUR HUNDRED EIGHTYTWO DOLLARS AND FIFTY CENTS ($102,482.50); AND PROVIDING FOR AN EFFECTIVE DATE. g. Approve a Resolution of the City of Anna, Texas authorizing the City Manager to execute a Ratification of Correction Easement and a Ratification of Correction Special Warranty Deed related to a dedication of a permanent water easement and a dedication of public right of way by and between the City of Anna, Texas, and QJR Partnership; and providing for an effective date. (Director of Public Works Greg Peters, P.E.) QJR Partnership dedicated a Permanent Water Easement (Document Number 20170123000094990) and Real Property (Document 20170123000094980) to the City of Anna in the Official Public Records of Collin County, Texas in 2017. It was later determined that there was incorrect information in both documents relating to the legal description and exhibits. QJ R Partnership filed a Correction to the Permanent Water Easement (Document Number 20191220001627040) and a Correction to the Special Warranty Deed (Document 20191220001627030) to the City of Anna in the Official Public Records of Collin County, Texas in 2019. The Texas Property Code requires that all parties to a conveyance instrument ratify by signature any material correction to such conveyance instrument. Due to this requirement, formal action by the City is required. City Council approval is required for this item since it involves real property dedicated to the City of Anna. Staff has reviewed the attached Correction Deed and Correction Easement documents and find the corrected documents to be corrected forms of the original intended dedication. A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A RATIFICATION OF CORRECTION EASEMENT AND A RATIFICATION OF CORRECTION SPECIAL WARRANTY DEED RELATED TO A DEDICATION OF A PERMANENT WATER EASEMENTAND A DEDICATION OF PUBLIC RIGHT OF WAY BY AND BETWEEN THE CITY OF ANNA, TEXAS, AND QJR PARTNERSHIP;AND PROVIDING FOR AN EFFECTIVE DATE. h. Review Police Department Annual Racial Profiling Report (Police Chief Jeff A. Caponera) Texas Code of Criminal Procedure, Art. 2.132, requires that every law enforcement agency that employs police officers who make motor vehicle stops in the routine performance of the officers' official duties shall collect information relating to motor vehicle stops in which a ticket, citation, or warning is issued and to arrests made as a result of those stops. The collected information includes: • Race or ethnicity of the individual detained; • Whether a search was conducted and, if so, whether the individual detained consented to the search; Whether the peace officer knew the race or ethnicity of the individual before being detained; Whether the peace officer used physical force that resulted in bodily injury, as defined by Section 1.07, Penal Code, during the stop; Location of the stop; and Reason for the stop It also requires that the chief administrator of the law enforcement agency annually report the collected data to Texas Commission on Law Enforcement (TCOLE) and to the governing body of the municipality. MOTION: Council Member Beazley moved to approve Consent Items 5 a., b., c., f., g., and h. Council Member Vollmer seconded. Motion carried 7-0. Action Items. 6. Consider/Discuss/Action to fill vacancy on EDC/CDC. (City Secretary Carrie Smith) Raul Hernandez tendered his resignation on November 12, 2019, leaving an un- expired term on the EDC and CDC for Place 6 vacant. Place 6 expires in June 20209 The City Council Subcommittee previously reviewed and interviewed prospective applicants for the Corporations. The subcommittee reviewed these applicants and nominated Terry Farrell. MOTION: Council Member Beazley nominated Terry Farrell to fill the vacancy on the EDC and CDC corporations with a term expiring June 2020. Council Member Bryan seconded. Motion carried 6-1. Miller opposed. 7. Consider/Discuss/Action on a Resolution adopting a Revised Policy Implementing the Public Information Act. (City Secretary Carrie Smith) The proposed Resolution and Public Information Request Policy is much more detailed than what is in the general personnel policy manual currently. Section 1 of the Resolution provides for it to replace the entirety of section 104.03.1 of the manual, and in combination with the Resolution's "revocation of conflicting policies" clause, would allow updates to the PIR aspects alone in isolation from the rest of the entire manual. A RESOLUTION OF THE CITY OF ANNA, TEXAS, ADOPTING A REVISED POLICY IMPLEMENTING THE PUBLIC INFORMATION ACT; PROVIDING FOR THE REVOCATION OF CONFLICTING POLICIES AND RESOLUTIONS; PROVIDING STAFF DIRECTION; PROVIDING A SAVINGS AND SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. MOTION: Council Member Beazley moved to approve. Council Member Vollmer seconded. Motion carried 7-0. 8. Consider/Discuss/Action on an Ordinance regulating Solicitation activities within the city limits. (Police Chief Jeff A. Caponera) In 2006, the City adopted an Ordinance which addressed solicitors within the city limits. Since, there have been a number of court cases challenging such ordinances as unconstitutional because certain aspects within the ordinances infringe on the public's right to free speech. In 2017, the Supreme Court of the United States SC US) ruled in Reed v. Town of Gilbert, that "Government regulation of speech is content based if a law applies to particular speech because of the topic discussed or the idea or message expressed." Recently, the City of Dallas's panhandling ordinance was challenged under Reed. In this case the courts upheld Dallas's ordinance and asserted that even though the activities of the plaintiffs were protected under the First Amendment, there are legitimate interests the City has to protect the public. As such, the courts deemed legitimate interests as protecting citizens from fraud and crime, promoting traffic safety, and ensuring citizens feel secure in their surroundings. The repeal of the originally drafted Solicitor Ordinance and rewrite of the new Solicitation Ordinance was necessary to comply with the most recent SCOUS ruling and provide a clear legitimate interest in protecting our neighbors. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS REPEALING ARTICLE 5.05 (SOLICITORS) OF CHAPTER 5 (BUSINESS REGULATIONS) OF THE ANNA CITY CODE OF ORDINANCES AND REPLACING SAID ARTICLE WITH A NEW ARTICLE 5.05 ADOPTING REVISED REGULATIONS OF SOLICITATION IN THE CITY, AMENDING SECTION A4.004 (SOLICITATION PERMITAND IDENTIFICATION CARDS) OF ARTICLE A4.000 (MISCELLANEOUS FEES) OF THE ANNA CITYCODE OF ORDINANCES; PROVIDING A PENALTY FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED $500; PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. MOTION: Council Member Beazley moved to approve subject to including the newspaper subscription provision. Council Member Miller seconded. Motion carried 7-0. 9. a. Conduct a public hearing to consider public comments on a request to rezone 10.0± acres located at the northeast corner of Collin County Outer Loop and Country Road 418 from Single -Family Residential - Large Lot to Light Industrial District with a Specific Use Permit (SUP) for a permanent concrete batching plant. Applicant: Tony Strickland b. Consider/Discuss/Action on an Ordinance approving the request to rezoned from Single -Family Residential -Large Lot to Light Industrial District with a Specific Use Permit (SUP) for a permanent concrete batching plant. (Director of Development Services Ross Altobelli) c. Discuss/Consider/Action on a Resolution approving the Concept Plan, NBR- Anna, Block A, Lot 1, associated with the rezoning request. (Director of Development Services Ross Altobelli) The applicant is requesting to rezone the subject property to Light Industrial District (I-1) with a Specific Use Permit (SUP) for a permanent concrete batching plant. For additional information please refer to the attached staff report. A concept plan, NBR-Anna, Block A, Lot 1, accompanies this zoning request. Mayor Pike opened the public hearing at 7:39 PM. Mayor Pike closed the Public hearing at 7:39 PM. AN ORDINANCE OF THE CITYOF ANNA, TEXAS AMENDING THE CITY'S COMPREHENSIVE PLAN, ZONING MAP, AND ZONING ORDINANCE AND CHANGING THE ZONING AND APPROVING A SPECIFIC USE PERMIT ON CERTAIN PROPERTIES AS DESCRIBED HEREIN; 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 Beazley moved to approve Item 9. b. Council Member Miller seconded. Motion carried 5-2. Toten and Pike opposed. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE NBR- ANNA, BLOCK A, LOT 1 CONCEPT PLAN MOTION: Council Member Beazley moved to approve Item 9. c. Council Member Miller seconded. Motion carried 5-2. Toten and Pike opposed. Conduct a public hearing to consider public comments on a request to rezone 2.7± acres located at the southwest corner of Leonard Avenue and Sharp Street from Planned Development -Single -Family Residence- 60/Single-Family Townhome (PD-SF-60/SF=TH) to Planned Development= Restricted Commercial (PD -C-1) with modified development standards. Applicant: Carrillo Engineering, LLC b .Discuss/Consider/Action on an Ordinance regarding the request to rezone 2.7± acre from PD-SF-60/SF-TH to PD -C-1 with modified development standards. (Managing Director of Community Services Ashley Stathatos) c. Discuss/Consider/Action on a Resolution approving the Concept Plan, Children's Lighthouse Addition, Block 1, Lots 1 & 2, associated with the rezoning request. (Planning & Development Director Ross Altobelli) The Public Hearing for this item was continued by a City Council action from the December 10, 2019 meeting to January 14, 2020 at 7:30PM. Carrillo Engineering, LLC has requested a zoning change on 2.7± acres at the southwest corner of Sharp Street and Leonard Avenue. The existing zoning is a Planned Development for Anna Town Center. The property is located in District C, Single Family Transition zone and District D, Town Center Town Home Zone. The applicant has requested a change to Planned Development, Restricted Commercial, ("PD -C4"), to allow for a child care facility and adjacent restricted commercial use. The request was denied by Planning and Zoning as there were items which were uncertain at the time of the consideration. Without the understanding and thorough explanation of the traffic analysis and interpretation of the data from the applicant the Board took a position in opposition to the request. Several other questions were not completely vetted. Those items have been researched and are included in the attachments to this item to include traffic analysis, explanation, and recommendation by a subject matter expert and staff engineer, the Thoroughfare Plan elements explanation and how they would be impacted (traffic impacts explanation), the Al SD opinion and schedule data (neighboring property and community partner), Neighbor comments (both for and against the request) and all of the associated documents. These additional backup materials are being provided to Council to review. For the detailed information please refer to the attached staff reports, analysis, and supporting data. The applicant will be available to clarify any items of concern. Mayor Pike opened the public hearing at 8:02 PM. Scott Intrieri -Opposed Bruce Norwood -Favored Donna Kizlyk -Opposed James Chumley- Favored Mayor Pike closed the public hearing at 8:11 PM. Public Works Director Greg Peters answered questions for Council with regards to traffic. Council discussion ensued. Developer John Arnold agreed to bring back an Specific Use Permit (SUP) for any future commercial uses. 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 Beazley moved to approve Item 10 b.; subject to amending Section 1.03 B. allowing exclusive uses by SUP only. Council Member Reeves seconded. Motion carried 7-0. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE CHILDREN'S LIGHTHOUSE ADDITION, BLOCK 1, LOTS 1 & 2, CONCEPT PLAN MOTION: Council Member Beazley moved to approve Item 10 c. Council Member Miller seconded. Motion carried 7-0. 11. a. Conduct a public hearing to consider public comments on the Preliminary Replat for Anna Town Center Addition, Block A, Lots 6R, 9, 10, & 11. (Director of Development Services Ross Altobelli) b. Consider/Discussion/Action on a Resolution approving the Preliminary Replat, Anna Town Center Addition, Block A, Lots 6R, 9, 10, & 11. (Director of Development Services Ross Altobelli) Four vacant lots on 38.9 ±acres located at the southeast corner of U.S. Highway 75 and Hackberry Drive. Zoned Planned Development -648 -2014 -General Commercial (PD -648-2014-C2). Mayor Pike opened the public hearing at 8:40 PM No comments. Mayor Pike closed the public hearing at 8:41 PM A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A PRELIMINARY REPLAY FOR ANNA TOWN CENTER, BLOCK A, LOTS 6R, 9, 10, AND 11. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A SITE PLAN FOR ANNA TOWN CENTER, BLOCK A, LOTS 6R, 9, 10, AND 11. MOTION: Council Member Beazley moved to approve Item 11 b. and consent Item 5 d. Council Member Toten seconded. Motion carried 7-0. 12. Consider/Discuss/Action on a Development Plat for Morales Estates, Block A, Lot 1. (Director of Development Services Ross Altobelli) Mobile home on one lot on 7.0± acres located on the north side of Grasshopper Lane, 650± feet east of County Road 426. Zoned Extraterritorial Jurisdiction (ETJ). Recommended for denial due to the Development Plat not being in compliance with the following sections of Article 9.02 (Subdivision Regulations) in Chapter 9 (Planning and Development Regulations) of the City of Anna Code of Ordinances: • Subsection a (Adequate service for areas proposed for development, generally) of Section 9.02.004 (Adequate public facilities policy) - Application missing submission material from each of the applicable utility service providers verifying their ability to provide an adequate level of service for the proposed development. • Subsection e (Submission procedures and city review process for all types of plats) of Section 9.02.041 (General requirements for plats) - Applicant failed to re -submit corrected copies of the plat and other application materials back to the city in time for adequate review. • Subsection f (Proof of landownership) of Section 9.02.041 (General requirements for plats) - Applicant failed to provide proof of land ownership. • Subsection h (Submittal requirements) of Section 9.02.045 (Development plats) - A certificate or some other form of verification from the Collin County Appraisal District showing that all taxes have been paid on the subject property and that no delinquent taxes exist against the property. • Subsection c (Submission requirements for all types of plat applications) of Section 9.02.041 (General requirements for plats) - Development Plat was missing information contained on the City's Development Plat checklist. A RESOLUTION OF THE CITY OF ANNA, TEXAS DENYING THE MORALES ESTATES, BLOCK A, LOT 1, DEVELOPMENT PLAT MOTION: Council Member Beazley moved to deny the development plat by approving the proposed resolution; which, specifies denial. Mayor Pike seconded. Motion carried 6-0. Council Member Bryan had stepped out of the Council Chambers. 13. Consider/Discuss/Action a Resolution authorizing the City Manager to approve purchase orders for the funding of Items 8 and 9 of a task order with Birkhoff Hendricks and Carter, LLP for the completion of a stormwater utility study. (Director of Public Works Greg Peters, P.E.) At the November 12, 2019, City Council Meeting, staff presented the City Council with a discussion item related to stormwater utility studies. Completion of a stormwater utility rate study typically costs $80,000 - $110,000. Council Member Bryan pointed out that there may have been some previous work completed on the matter by the City's consulting engineer. Staff conducted some research and contacted Birkhoff, Hendricks, and Carter, LLP (BHC) to discuss what work had been done. Gary Hendricks with BHC confirmed that they had begun a Stormwater Masterplan Project in early 2018, but the project was placed on hold by the prior administration. The project has been on hold since. Per the meeting minutes the full Task Order was approved by a vote of 7-0 at the March 27, 2018, City Council Meeting. The full task order cost was $88,000.00 and was to be funded through a 2017 budget amendment. It is staff's finding that the unspent portion of these funds are no longer available. In discussing the matter with Mr. Hendricks, BHC has agreed to complete the remaining task item, "Stormwater Utility Rate," for the original agreed upon task cost of $25,000.00. Staff has found that due to the significant work already completed on the project by BHC, and the limited remaining scope on this existing project, the most fiscally responsible and efficient manner to complete a stormwater utility rate study is to contract with BHC to complete the remaining tasks in the 2018 task order. Starting the process over with a new scope and/or a new consultant would cost significantly more money and require significantly more time to complete. Therefore, staff is recommending that the City Council approve a resolution to authorize BHC to complete the task order scope of "Stormwater Utility Rate," in an amount not to exceed $25,000. The project will be funded through the Utility Fund, and will be reimbursed by the Stormwater Utility if it is approved and created by the City Council. A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE CITY MANAGER TO APPROVE PURCHASE ORDERS TO FUND PART I, ITEM 8 AND ITEM 9, OF A TASK ORDER FOR A STORMWATER MASTER PLAN TO BIRKHOFF HENDRICKS AND CARTER, L.L.P. IN AN AMOUNT NOT TO EXCEED TWENTY FIVE THOUSAND DOLLARS AND ZERO CENTS ($25,000.00); AND PROVIDING FOR AN EFFECTIVE DATE. MOTION: Council Member Beazley moved to approve. Council Member Vollmer seconded. Motion carried 7-0. 14. Consider/Discuss/Action on a Resolution of the City of Anna, Texas electing to not auto -renew the Solid Waste Collection and Disposal Contract with Bradshaw & Sons Trash Service; and providing for an effective date. (Director of Public Works Greg Peters, P.E.) The City of Anna entered into a Solid Waste Collection and Disposal Contract with Bradshaw &Sons Trash Service on July 24, 2018. Section 20.00 TERM of the contract identifies the length of the initial contract, concluding on August 31, 2020, and three 1 -year periods of autorenewal. I n accordance with the contract either party may elect to not renew by providing notice in writing to the other party not less than 120 days prior to the expiration date. Over the past two years the City of Anna has experienced significant growth, and this growth is expected to continue. Growing cities often need to make changes to their service contracts as the needs of the community change. Meeting the needs of our neighbors is of the utmost importance. Staff has reviewed the current contract and has determined that it is in the best interest of the City of Anna to conduct a public Request for Proposal (RFP) process to evaluate and identify solid waste collection and disposal services which will best meet the needs of the City. Completion of a formal RFP process will allow the City to ensure that the needs of the growing community are being met. Bradshaw & Sons Trash Service are eligible to participate in the RFP process and submit their proposal, along with all other solid waste companies able to meet the requirements of the RFP. The resolution authorizes the City Manager to issue a formal notice to Bradshaw & Sons Trash Service of this decision. Under the terms of the contract, Bradshaw & Sons Trash Service will remain the provider of services to the City of Anna until August 31, 2020. If approved by the City Council, staff will proceed with conducting a formal RFP process for solid waste collection and disposal services. It is imperative that this action is executed early, so in the event that we secure a new vendor there will be sufficient time to execute a transition plan. MOTION: Mayor Pike moved to table this item and bring back a draft of the RFP. Council Member Miller seconded. Motion carried 7-0. 15. Consider/Discuss/Action on future improvements to Hackberry Lane from Bamborough Drive to State Highway 5. (Director of Public Works Greg Peters, P.E.) Hackberry Lane is shown in the City's Thoroughfare Plan to be a major collector road from US 75 to SH 121. Currently the road is a mix of 4 -lane divided roadway, 2 -lane asphalt roadway, and un -built, un -dedicated future roadway east of the railroad tracks. Hackberry Lane does not currently have a railroad crossing. As a future major collector road, any new segments should be constructed as 4 - lane divided pavement with a median. However, it is and will be common for portions of the road to be constructed one half at a time due to available funding and potential agreements with developers. Staff sent letters to all property owners along the segment of Hackberry Lane from Bamborough Drive to SH 5 to request a meeting to discuss the potential improvements to this asphalt segment of the road. To date staff has met with four of the ten property owners, and hopes to meet with the remaining property owners as soon as we hear back from them. There are three options to consider moving forward with: Option 1: acquire south 112 right-of-way and construct south 112 Option 2: acquire all right-of-way and construct south half Option 3: acquire all right-of-way and construct entire road Staff is seeking feedback and consensus from the City Council on which option to pursue. MOTION: Mayor Pike moved to approve Option 2. Council Member Vollmer seconded. Motion carried 7-0. 16. Conside"Discuss/Action on a Resolution authorizing the City Manager to execute a Task Order with Hayden Consultants, Incorporated for land surveying and preliminary engineering services on Taylor Boulevard. (Director of Public Works Greg Peters, P.E.) Taylor Boulevard is a mutual boundary road with Collin County, and is shown on the City of Anna Master Thoroughfare Plan as a Minor Collector Street, and is included in the City of Anna Capital Improvement Plan for future widening from a two-lane asphalt road to a four lane divided concrete road. Now that the construction on US 75 is complete, the frontage roads in Anna are no longer 2 -way. This has impacted historical transportation patterns as neighbors must find different ways to access their homes, businesses, and schools. Improving Taylor Boulevard will be necessary as traffic volumes increase, in particular due to the growth of residential neighborhoods in the southern section of the City. Due to the size and scope of the project, staff is recommending that preliminary engineering begin now, so that the City is well positioned to move the project to construction when funds are available. In addition, the preliminary engineering process will allow staff to develop a more detailed scope and cost estimate for City budgeting, and for seeking project partners like Collin County. Since Taylor Boulevard is a mutual boundary road with Collin County, staff will be seeking to partner with Collin County on the final design and construction in the future. MOTION: Council Member Toten moved to approve. Council Member Bryan seconded. Motion carried 6-0. Council Member Beazley had stepped out of the Council Chambers. 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: aM 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). Personnel Policies, design and construction contracts, Anna Fire Rescue Auxiliary Association, incentive agreement 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 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. d. Discuss or deliberate personnel matters (Tex. Gov't Code §551.074); Boards and Commission Members MOTION: Council Member Miller moved to enter closed session. Council Member Bryan seconded. Motion carried 7-0. Mayor Pike recessed the meeting at 9:32 PM Mayor Pike reconvened the meeting at 10:28 PM 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 10:28 PM. Mayor Nate Pike ATTEST: City Secretary Carrie L. Land 28, 2020. 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. 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. CITIZENS' COMMENTS: This item is available for citizens to speak on any subject including items on the agenda that are not Public Hearing items. This item is also available for citizens to speak on any subject including items that are not included on the agenda. However, by State law, no action may be taken on a subject that is not on the agenda. The time limit is three minutes per speaker. Note that the three-minute time limit applies to each speaker regardless of the number of items/topics the speaker may choose to discuss. PLEASE PROVIDE THE ITEMS/TOPIC(S) YOU WILL DISCUSS UNDER THE "CITIZEN(Z ' COMMENT" ITEM: C)JT lkF& 5Otit`z 01�- n�AN`I rJ'� :L> bZv`Z LoP T[4e`4 J rj PUBLIC HEARING Agenda Item # 1 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: ---------------------------------------- For O,�cial Use: � Route To: Response By: City Manager or Designee November 12, 2019 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 is, 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. 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. ********r*****ae***************************r*Please CITIZENS' COMMENTS: This item is available for citizens to speak on any subject including items on the agenda that are not Public Hearing items. This item is also available for citizens to speak on any subject including items that are not included on the agenda. However, by State law, no action may be taken on a subject that is not on the agenda. The time limit is three minutes per speaker. Note that the three-minute time limit applies to each speaker regardless of the number of items/topics the speaker may choose to discuss. PLEASE PROVIDE THE ITEMS/TOPIC(S) YOU WILL DISCUSS UNDER THE "CITIZENS' COMMENT" ITEM: _PUBLIC HEARING Agenda Item # lz �% J_ 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: ---------------------------------------- i For O,�cial Use: i Route To: ; Response By: City Manager or Designee November 12, 2019 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. 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. CITIZENS' COMMENTS: This item is available for citizens to speak on any subject including items on the agenda that are not Public Hearing items. This item is also available for citizens to speak on any subject including items that are not included on the agenda. However, by State law, no action may be taken on a subject that is not on the agenda. The time limit is three minutes per speaker. Note that the three-minute time limit applies to each speaker regardless of the number of items/topics the speaker may choose to discuss. PLEASE PROVIDE ITEM: �( THE ITEMS/TOPIC(S) YOU WILL DISCUSS UNDER THE "CITIZENS' COMMENT" W PUBLIC HEARING Agenda Item /# I wish to speak IN FAVOR of this item. POSITION to this item. SUPPORT ---------------------------------------- For O,�frcia! Use: i Route To: ; Response By: City Manager or Designee i OPPOSITION. November 12, 2019 Council Speaker Sign -In Sheet G�