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Home My WebLink About2017-01-10 Work Session & Regular Meeting MinutesoJ {(,j ANNA CITY COUNCI L MINUTES WORK SESSION January 10,2017 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 Crist called the meeting to order at 6:30 p.m. All members present. 2.Discussion regarding regulations on keeping chickens.(Maurice Schwanke) Council had a brief discussion on the City's current and proposed regulations on having chickens in the city limits. 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.Discuss or deliberate personnel matters (Tex.Gov't Code §551.074);City Manager annual review;City Secretary annual review. 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,and land for municipal facilities. c.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 ). MOTION:Council Member Miller moved to enter into closed session.Council Member Burr seconded.Motion passed 7-0. Mayor Crist recessed the meeting at 6:54 p.m. Mayor Crist reconvened the open meeting at 7:30 p.m. Council Minutes Janaury 10,2017 The Council fwther 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. MOTION:Council Member Pelham moved to take no action.Council Member Beazley seconded.Motion carried 7-0. 5.Adjourn. MOTION:Council Member Miller moved to adjourn.Council Member Bryan seconded.Motion passed 7-0. Mayor Crist adjourned the meeting at 7:33 p.m. ATTEST: Council Minutes Janaury 10,2017 2 ANNA CITY COUNCIL MINUTES REGULAR SESSION January 10,2017 1.Call to Order/Roll Call and Establishment of Quorum Mayor Crist opened the meeting at 7:30 p.m. All members were present. 2.Invocation and Pledge of Allegiance. Mayor Crist led the 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. No Comments. 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 governing 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. Mayor Crist briefed Council on the "It's Time Texas Community Challenge." 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 City Council Meeting minutes for December 13,2016.(City Secretary) Council Minutes Janaury 10,2017 3 MOTION:Council Member Beazley moved to approve.Council Member Burr seconded.Motion passed 7-0. 6.Consider/Discuss/Action regarding a Resolution finding a public necessity and authorizing the City Staff to use lawful means,including negotiations and if necessary proceedings in eminent domain,to acquire an easement on private property owned by James A Luscombe Jr.&Robyn L. Luscombe.(Joseph Johnson) Mayor Crist allowed the public to speak on this item. Residents that spoke in opposition: Christine Lewis -8108 Red Fox Road Jim Luscombe plus handout Ex.6A -1303 W.Foster Crossing Road Jaime Basham -2016 Burl Lane Patrice Henson -2317 Luscombe Lane Steven Pierce - Robyn Luscombe -1303 W.Foster Crossing Road Bill Hoffman -1906 Pecan Grove Scott North -1905 Burl Lane Tom Plunkett -requested more transparency from the city Jean Foster -2922 Pecan Grove RESOLUTION 2017-01- 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 AND A TEMPORARY CONSTRUCTION EASEMENT PROVIDING LIMITED RIGHTS ON AND UNDER 0.096 ACRES OF REAL PROPERTY,MORE OR LESS,AND 0.096 ACRES OF REAL PROPERTY, MORE OR LESS;AUTHORIZING THE CITY MANAGER,STAFF, CONTRACTORS,AND THE CITYS ATTORNEYS TO ACQUIRE SAID EASEMENTS BY ANY LAWFUL MEANS,INCLUDI NG BUT NOT LI MITED TO NEGOTIATIONS,AND,IF NECESSARY,PROCEEDINGS IN EMINENT DOMAIN; PROVIDING AN EFFECTIVE DATE. MOTION:Council Member Pelham moved to approve.Mayor Crist seconded. Motion passed 4-3.Beazley,Bryan,Miller opposed. 7.Consider/Discuss/Action regarding a Resolution approving a Second Amended and Restated Facilities Agreement UDF Northpointe,LLC.•184.01 Acre Tract.(Maurice Schwanke) RESOLUTION 2017-01- A RESOLUTION OF THE CITY OF ANNA,TEXAS APPROVING A SECOND AMENDED AND RESTATED FACILITIES AGREEMENT UDF NORTHPOINTE, LLC.-184.01 ACRE TRACT. MOTION:Council Member Pelham moved to approve.Mayor Crist seconded. Council Minutes Janaury 10,2017 4 Motion passed 4-3.Martinez,Bryan and Miler opposed. 8.Consider/Discuss/Action regarding a Resolution approving the Sixth Agreement Amending the Subdivision Improvement Agreement for Anna Town Square.(City Manager) RESOLUTION 2017-01- A RESOLUTION OF THE CITY OF ANNA,TEXAS APPROVING THE SIXTH AGREEMENT AMENDING THE SUBDIVISION IMPROVEMENT AGREEMENT FOR ANNA TOWN SQUARE MOTION:Council Member Burr moved to approve.Council Member Beazley seconded.Motion passed 7-0. 9.Consider/Discuss/Action regarding a Resolution authorizing the City Manager to purchase right-of-way for Hackberry Lane.(City Manager) RESOLUTION 2017-01 A RESOLUTION OF THE CITY OF ANNA,TEXAS AUTHORIZING THE CITY MANAGER TO PURCHASE RIGHT-OF-WAY FOR HACKBERRY LANE. MOTION:Council Member Beazley moved to approve.Council Member Martinez seconded.Motion passed 7-0. 10.Consider/Discuss/Action regarding a Resolution approving a Cost Share Agreement with Lennar Homes of Texas Land and Construction,Ltd.for the purchase of right-of-way for Hackberry Lane.(City Manager) RESOLUTION 2017-01- A RESOLUTION OF THE CITY OF ANNA,TEXAS APPROVING A COST SHARE AGREEMENT FOR HACKBERRY LANE RIGHT-OF-WAY. MOTION:Mayor Crist moved to approve.Council Member Beazley seconded. Motion passed 7-0. 11.Consider/Discuss/Action authorizing the City Manager to solicit bids for the Natural Springs Park office,breakroom and public restroom facility building improvement project.(Maurice Schwanke) MOTION:Council Member Bryan moved to approve.Council Member Miller seconded.Motion passed 7-0. 12.Consider/Discuss/Action regarding a Resolution authorizing the submission of a new application to the Texas Department of Agriculture for Texas Community Development Block Grant (TxCDBG)funding and authorizing the Mayor and/or City Manager to act as the City's Chief Executive Officer and Authorized Representative in all matters pertaining to the City's participation in the Texas Community Development Block Grant Program.(Joseph Johnson) Council Minutes Janaury 10,2017 5 RESOLUTION 2017-01- A RESOLUTION OF THE CITY OF ANNA,TEXAS AUTHORIZING THE SUBMISSION OF A TEXAS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM APPLICATION TO THE TEXAS DEPARTMENT OF AGRICULTURE FOR THE COMMUNITY DEVELOPMENT FUND;AND AUTHORIZING THE MAYOR ANDIOR THE CITY MANAGER TO ACT AS THE CITYS CHIEF EXECUTIVE OFFICER AND AUTHORIZED REPRESENTATIVE IN ALL MATTERS PERTAINING TO THE CITYS PARTICIPATION IN THE TEXAS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. MOTION:Council Member Pelham moved to approve.Council Member Bryan seconded.Motion passed 7-0. 13.Consider/Discuss/Action regarding a Resolution committing matching funds in support of activities associated with the submission of an application to the Texas Department of Agriculture for Texas Community Development Block Grant Program funds.(Joseph Johnson) RESOLUTION 2017-01- A RESOLUTION OF THE CITY OF ANNA,TEXAS COMMITTING MATCHING FUNDS IN SUPPORT OF ACTIVITIES ASSOCIATED WITH THE 2017/2018 SEWER SYSTEM IMPROVEMENTS PROPOSED IN AN APPLICATION TO THE TEXAS DEPARTMENT OF AGRICULTURE FOR THE TEXAS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. MOTION:Council Member Pelham moved to approve.Council Member Beazley seconded.Motion passed 7-0. 14.Briefing/Discussion regarding pedestrian access from Anna Mobile Home Park and Fern Street to Slayter Creek Park Trail.(Maurice Schwanke) Anna ISO is interested in constructing a trail/sidewalk from the Anna Mobile Home Park via Fern Street an undeveloped right-of-way called Rose Way on the North Park Plat to the Trail in Slayter Creek Park.This proposed connection would allow High School and Middle School children in-the Anna Mobile Home Park and the North Park Subdivision to walk to Anna High School and the Middle School instead of being bussed. Discussion only,no action taken. 15.Briefing/Discussion regarding a municipal court of record.(City Attorney) Texas municipalities that have a municipal court may choose whether or not the court is a "municipal court of record."Anna currently has a municipal court that is not a court of record.This means that verbal testimony,arguments,and rulings at trials are not recorded.In contrast,a municipal court of record is required to provide a court reporter (or otherwise record its proceedings)to create and preserve a record in cases tried before the court. Council Minutes Janaury 10,2017 6 Discussion,no action taken. City Attorney McCoy will prepare a draft ordinance for Council's review. 16.Briefing/Discussion regarding Texas Alternatives Set-Aside Program (TA Set-Aside)Grant Program.(Joseph Johnson) The Transportation Alternatives Set-Aside Program (TA Set-Aside)provides funding for programs and projects defined as transportation alternatives.The Regional Transportation Council (RTC)and the North Central Texas Council of Governments (NCTCOG)administrates the funding that has been allocated ($23 million)to the NCTCOG area which includes 12 counties. General types of projects eligible under this program include pedestrian and bicycle facilities,multi-modal connections to public transportation,and pedestrian and bicycle infrastructure associated with Safe Routes to School projects that will substantially improve safety and the ability for students to walk and bicycle to school. Discussion,no action taken. 17.CLOSED SESSION (EXECEPTIONS) 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.Discuss or deliberate personnel matters (Tex.Gov't Code §551.074);City Manager and City Secretary annual review. 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,and land for municipal facilities. c.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 ). No action. 18.Consider/Discuss/Action on any items listed on the posted agenda or any closed session occurring during this meeting,as necessary No action. Council Minutes Janaury 10,2017 7 19.Adjourn. MOTION:Council Member Bryan moved to adjourn.Council Member Miller seconded.Motion carried 7-0. Mayor Crist adjourned the meeting at 9:32 p.m. ATTEST: Council Minutes Janaury 10,2017 8 / Luscombe Family Community RegClrding a Water fa~Qment Along West Foster Crossing Road (Formerly CR 366). ~iv~Related families Living Together on Both Sides of West Foster Crossing Road January 10,2017 .J,.f .--, \ Backstory •July 2004 -To help preserve the close knit Luscombe Family Community,we successfullynegotiatedanAgreementbetweenCity,County and Pecan Grove developer to amend the Anna Comprehensive plan to show CR 366 (now W Foster Crossing Road)as standard County two lane road,instead of a major thoroughfare •July-September 2015 -Over objections from the Family,Anna P&Z and City Council acts on same developer's request to now rezone a nearby tract on W Foster Crossing to Residential •October 2015 -\Nithout our participation,City dis-regards 2004 AsreelTlent and amends Comprehensive Plan again showing West Foster Crossing passing through Luscombe Family Community as Major Collector Thoroughfare (80'ROW,up to four lanes),then approvesdeveloper's rezoning request in short order •August 2016 -We first became aware of the October actions when City meets with Family to discuss Water line Easement along W Foster Crossing •lI.uaw:t :201!;-We:!re:!t;:p~nd~d t~City r~llup!:tina C~mp Dbn b~!;1m~ndAd t~ke:!e:!pr:!;1milyp~rti~n ~f West Foster Crossing as standard County road,prior to agreeing to Water Line Easement •January 2017 -City schedules Resolution for Eminent Domain for Water Line Easement