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HomeMy WebLinkAboutCCmin2019-12-10ANNA CITY COUNCIL MINUTES WORK SESSION December 10, 2019 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 PM. Council Member Reeves was absent. 2. Presentation from Centurion American Development Group. (City Manager Jim Proce) Centurion American Development Group presented an update on the Hurricane Creek Development. 3. CLOSED SESSION (EXCEPTIONS) Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. Consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071). Personnel Policies, design and construction contracts, meeting procedures, agreements regarding historical displays. City of Anna, Texas v. Zayo Group, LLC, Henkels &McCoy, Inc. and Sadler Boring LLC; Cause No. 366-05638-2018; In the 366th District Court, Collin County, TX 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 Beazley moved to enter closed session. Council Member Miller seconded. Motion carried &0. Mayor Pike recessed the meeting at 6:57 PM. Mayor Pike reconvened the meeting at 7:34 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. 5 Adjourn. There being meeting adjourned at no further business before the Council, we will consider this Mayor Pike adjourned the meeting at 7:34 PM. ATTEST: City Secretary Carrie L. Smith App b'n t e J anua 141 2020. Nate Pike ANNA CITYCOUNCIL MINUTES REGULAR SESSION December 10, 2019 1. Call to Order/Roll Call and Establishment of Quorum Mayor Pike called the meeting to order at 7:34 PM. Council Member Reeves was absent. 2. Invocation and Pledge of Allegiance. Deputy Mayor Pro Tem Beazley gave the Invocation. Mayor Pike led the Pledge. 3. 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 inquiry. Christine Lewis, 8108 Red Fox Road, Anna thanked City employees Scott Bradshaw and Justice Clay for their service at her residence. 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 governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the goveming body that was attended oris 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. 5. Consent Items. These items consist of non -controversial or "housekeeping" items required by law. Items maybe considered individually by any Council membermaking such request prior to a motion and vote on the Consent Items. Item g. was removed from the consent agenda. a. Approve Council Minutes for November 12, 2019. (City Secretary Carrie Smith) b. Approve minutes of the November 4, 2019 Planning and Zoning Commission meeting. (Director of Development Services Ross Altobelli) c. Approve an Ordinance providing for the adoption of the Expressvote Universal Voting System. (City Secretary Carrie Smith) On August 26, 2019, the Commissioner's Court of Collin County, Texas formally adopted the Expressvote Universal Voting System, EVS 6.0.2.0 consisting of Electionware election management software, Expressvote ballot marking device, ExpressTouch curbside voting device, DS200 precinct tabulator/scanner, DS450 high speed central scanner, and DS850 high speed central scanner. This voting equipment will be used for Early Voting in Person, Early Voting by Mail, Election Day Voting and Provisional Voting in all future elections held in Collin County. As an entity within Collin County, we will also need to adopt the above- mentioned system for voting if we have plans to contract with Collin County at any time in the future. AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING THE ANNA CITY CODE OF ORDINANCES CHAPTER 2, BY ADDING A NEW ARTICLE 2.09 (ELECTIONS) AND SECTION 2.09.001 (VOTING SYSTEM), PROVIDING FOR THE ADOPTION OF THE EXPRESSVOTE UNIVERSAL VOTING SYSTEM FOR EARLY VOTING IN PERSON, EARLY VOTING BY MAIL, ELECTION DAY VOTING, AND PROVISIONAL VOTING IN ALL FUTURE ELECTIONS; PROVIDING FOR SAVINGS, SEVERABILITY, AND REPEALING CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. d. Approve an Ordinance establishing rules and regulations for off leash areas, ("Paw Parks") in the City of Anna. (Managing Director of Community Services Ashley Stathatos) Natural Springs Paw Park is set for grand opening and ribbon cutting on December 14, 2019. Currently, there are no rules or regulations in place to provide for off -leash areas in Anna. As such, this Ordinance will establish the required rules, regulations, and exceptions required to provide for this need. The rules and regulations for off -leash areas apply to dogs and their owners. Off -leash areas are defined as the confines of a fenced recreation area that is owned and operated by the City of Anna and designated as an area for off- leash canines to exercise and play in a controlled environment under the supervision, possession or control of their owner(s). Dogs are required to be healthy and vaccinated. Aggressive dogs are not permitted in the paw park. Owners are responsible for their dogs, and must supervise and clean up after them. Law enforcement officers and animal control officers are authorized to enforce the rules and regulations of this Ordinance. The Parks Advisory Board voted to approve the dog park rules and regulations at their November 18, 2019 meeting. AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE ANNA CITY CODE OF ORDINANCES BY AMENDING CHAPTER 101 STREETS, PARKS AND OTHER PUBLIC WAYS AND PLACES; ARTICLE 10.02, PARKS, RECREATION AND SPECIAL EVENTS; DIVISION 2, GENERAL PARK REGULATIONS OF THE ANNA CITY CODE OF ORDINANCES AND ADDING SECTION 10.02.047, OFF LEASH AREAS, PAW PARK PROVIDING FOR A PENALTY FOR ANY VIOLATION OF THIS ORDINANCE NOT TO EXCEED $2,000; PROVIDING FOR SAVINGS, SEVERABILITY, AND REPEALING CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. e. Approve a Resolution approving the Enox RV Addition, Block A, Lot 1, development plat. (Director of Development Services Ross Altobelli) Recreational vehicle storage on one lot on 11.7± acres located on north side oI County Road 419, 1,025 feet north of Country Road 421. The tract of land is located within the City of Anna extra territorial jurisdiction. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE ENOX RV ADDITION, BLOCK A, LOT 11 DEVELOPMENT PLAT f. Approve a Resolution entering into a development agreement with Anna 21, LLC to establish development and design regulations for future development located on 20.799 acres at 1220 S Powell Parkway, south of FM 455 and east of SH 5. (Managing Director of Community Services Ashley Stathatos) This is the same development agreement that the City Council approved at their September 24, 2019 City Council meeting. The development agreement is for property located south of FM 455 and west of SH 5 known as the Rollins tract of land. The intent of the development agreement is to put development and design regulations on the Rollins tract, should a rezoning request that allows for multi -family uses be approved. Kyle and Wendy Rollins (previous property owners) engaged Don Collins (developer/current property owner) to represent them in regards to their property. After the City Council approved the development agreement, Kyle and Wendy Rollins decided not to sign it. Don Collins withdrew the rezoning application and purchased their property. He is requesting that the City Council enter into the same development agreement with him as before. The only change being that Anna 21, LLC, (Don Collins, President), is listed as the property owner on the development agreement now, and Kyle and Wendy Rollins are removed from it. If the City Council approves the development agreement with Anna 21, LLC, then, Don Collins, President, will request the property be rezoned to MF -2, MultkFamily Residential - High Density. Approving the development agreement in no way puts an obligation on the Planning and Zoning Commission or City Council to approve the rezoning request. It only puts in place development and design regulations should the decision be made to approve the rezoning request. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A DEVELOPMENT AGREEMENT WITH ANNA 21, LLC RELATING TO DEVELOPMENT AND DESIGN REGULATIONS FOR MULTI -FAMILY DEVELOPMENT LOCATED AT 1220 S. POWELL PARKWAY. g. Approve an Ordinance amending the City of Anna Code of Ordinances regarding the Rental Registration Program. (Code Compliance Manager Kevin Martin) Staff is requesting an amendment to the City's Building Regulations regarding the Rental Registration Program for Single Family, Duplex, and Multifamily properties. The amendment to the current ordinance will provide the City with the ability to protect the vitality and integrity of the City of Anna housing stock. Rental properties shall be inspected for compliance upon first-time registration and each time there is a change in tenancy. The current ordinance requires a rental property owner to acquire a "Certificate of Occupancy' to rent out his or her property. This step in the process has created confusion amongst our neighbors because of its similar verbiage to a Certificate of Occupancy one receives when a new home is constructed. The new rental registration program, established by the amended ordinance, will require single family rentals to obtain a "Certificate of Registration" prior to any tenants occupying the premises. The fee to obtain the "Certificate of Registration" for single family rentals is set at $50. In addition, the new ordinance will hold property owners accountable for their participation in the program which currently is not specified as a requirement. The amended ordinance states that the owner must maintain the rental properties in accordance with the minimum housing standards and the nternational Property Maintenance Code. The applicant or landlord shall request that the inspection be conducted by the City. No rental property shall be occupied unless a valid certificate of registration has been issued by the City for the premises. If a landlord or owner rents, leases, or allows another to occupy the rental property that is not registered by the City and has not passed a City inspection or does not have a valid certificate of registration, is subject to penalty. This ordinance was identified as an action agenda item in the City's Strategic Plan as it will help enhance the appearance of our neighborhoods, protect property values, and support neighborhood integrity by having well maintained and safe housing stock throughout the City of Anna. The amended ordinance has been discussed with local stakeholders and thus far we have received positive feedback for the amended ordinance and rental registration program. AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING THE ANNA CITY CODE OF ORDINANCES BY AMENDING CHAPTER 4 (BUILDING REGULATIONS) BY REPEALING ARTICLE 4.08 (MULTIFAMILY DWELLING REGULATIONS) AND REPLACING SAID ARTICLE WITH A NEW ARTICLE 14.08 (RENTAL HOUSING); AMENDING APPENDIX A (FEE SCHEDULE) BY AMENDING SECTION A2.008 (APARTMENT COMPLEX LICENSE AND RE- INSPECTION FEES); ESTABLISHING REGULATIONS AND FEES FOR LANDLORDS AND OWNERS OF SINGLE-FAMILY, DUPLEX AND MULTI -FAMILY RESIDENTIAL RENTAL PROPERTIES; PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENAL TY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. MOTION: Council Member Beazley moved to approve items 5 a. - f. Council Member Bryan seconded. Motion carried 6-0. MOTION: Council Member Miller moved to approve item 5 g. Council Member Vollmer seconded. Motion carried M. 6. A) Conduct a Public Hearing to consider a request to annex 161.250 Acres and 61.905 Acres in the Francis T. Duffau Survey, Abstract No. 288 and the John Ellet Survey, Abstract No. 296, City of Anna E.T.J., Collin County, Texas to extend the boundary limits of the City of Anna to include property within the city limits and adopt a service plan. (Managing Director of Community Services Ashley Stathatos) B) Discuss/Consider/Action on an Ordinance to annex 161.250 acres and 61.905 acres in the Francis T. Duffau Survey, Abstract No. 288 and the John Ellet Survey, Abstract No. 296, City of Anna E.T.J., Collin County, Texas and extend the boundary limits of the City of Anna to include the property within the city limits and adopt a service plan. (Managing Director of Community Services Ashley Stathatos) The proposed annexation consists of 161.250 Acres and 61.905 Acres in the Francis T. Duffau Survey, Abstract No. 288 and the John Ellet Survey, Abstract No. 296, City of Anna E.T.J., Collin County, Texas. The property is located east of US 75 and north of FM 455. A petition was received from the landowner requesting this annexation. Notices of the proposed annexation were sent to the school district and all public entities as well as nearby property owners. The proposed annexation was publicized in the Anna -Melissa Tribune newspaper and on the City website. Only one public hearing is required per new legislative requirements. Douglas Properties is proposing to develop a new subdivision on the property named Meadow Vista. Bloomfield Homes will be the builder. Mayor Pike opened the public hearing at 8:02 PM Rebecca Rollins spoke in favor of the annexation. Mayor Pike closed the public hearing at 8:04 PM AN ORDINANCE ANNEXING INTO THE CITY OF ANNA, TEXAS THE HEREINAFTER DESCRIBED TERRITORY ADJACENT TO AND ADJOINING THE CITY OF ANNA, TEXAS, TO WIT: BEING A CERTAIN AREA OF LAND SITUATED IN THE FRANCIS T. DUFFAU SURVEY, ABSTRACT NO. 288 AND THE JOHN ELLET SURVEY, ABSTRACT NO. 296, COUNTRY OF COLLIN, STATE OF TEXAS; AMENDING THE OFFICIAL CITY MAP; PROVIDING FOR A SERVICE PLAN AND AGREEMENT; REQUIRING THE FILING OF THIS ORDINANCE WITH THE COLLIN COUNTY CLERK; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING FOR SEVERABILITY; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR AN EFFECTIVE DATE MOTION: Council Member Beazley moved to approve. Council Member Vollmer seconded. Motion carried 6-0. 7. Discuss/Consider/Action on a Resolution entering into a Development Agreement with %4 Partnership, LTD to establish development and design regulations on property located on the north side of Hackberry Drive, 480± feet west of Ferguson Parkway. (Director of Development Services Ross Altobelli) This development agreement is between the City and QJR Partnership, LTD, (J.D. Rollins). It is for approximately 223 acres of land located on the north side of Hackberry Drive, 480± feet west of Ferguson Parkway for a future residential subdivision (Meadow Vista) to be built by Bloomfield homes. The purpose of the development agreement is to put in place the City's architectural design standards and masonry requirements should the city decide to approve the rezoning request of Bloomfield Homes for single-family residential homes. MOTION: Council Member Beazley moved to approve. Council Member Miller seconded. Motion carried 6-0. 8. A) Conduct a public hearing to consider public comments on a request to rezone 223.0± acres located on the north side of Hackberry Drive, 480± feet west of Ferguson Parkway from Single -Family Residential - Large Lot (SF -E) to Planned Development -Single -Family Residence-60/Restricted Commercial District (PD -SF -60/C-1) with modified development standards. Applicant: Bloomfield Homes B) Discuss/Consider/Action on an Ordinance approving the request to rezone 223.0± acres from SF -E to PD -SF -60/C-1 with modified development standards. (Director of Development Services Ross Altobelli) C) Discuss/Consider/Action on a Resolution approving the Concept Plan, Meadow Vista, associated with the rezoning request. (Director of Development Services Ross Altobelli) The applicant is requesting to rezone the subject property to allow for asingle- family residential development with modified development standards that may include nonresidential development. For additional information please refer to the attached staff report. Mayor Pike opened the public hearing at 8:13 PM Christine Lewis, 8108 Red Fox Road, Anna -spoke regarding possible flooding. Mayor Pike closed the public hearing at 8:15 PM 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 $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 Miller moved to approved item B. Council Member Bryan seconded. Motion carried 6-0. MOTION: Mayor Pike moved to approve item C. Council Member Toten seconded. Motion carried 6-0. 9. A) 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 approving the request to rezone2.7± 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. (Managing Director of Community Services Ashley Stathatos) 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 -CA"), to allow for a child care facility and adjacent restricted commercial use. Mayor Pike opened the public hearing at 8:21 PM Scott I ntrieni, 611 Haven Drive, Anna -opposed due to potential traffic issues. MOTION: Mayor Pike moved to keep the public hearing open until January 14, 2020 at 7:30 PM at Anna City Hall. Council Member Beazley seconded. Motion carried &0. MOTION: Council Member Beazley moved to table items B. and C. to the January 14, 2020 meeting. Council Member Bryan seconded. Motion carried 6-0. 10. Discuss/Consider/Act on an additional amendment to the Construction Contract with Lee Lewis Construction for the Municipal Complex and any additional necessary action. (Public Works Director Greg Peters) Lee Lewis Construction has completed the bidding process with their subcontractors for Phase 2 of the Municipal Complex project Approval of this item will authorize full construction of the project. At the Council Meeting, both Lee Lewis Construction and Randall Scott Architects will be in attendance to present the Final GMP. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO FUND THE MUNICIPAL COMPLEX BUILDING CONSTRUCTION PHASE 2 AS IDENTIFIED IN EXHIBIT A OF THE EXECUTED AIA A133-2009 CONTRACT BY AND BETWEEN THE CITY OF ANNA, TEXAS AND LEE LEWIS CONSTRUCTION, INCORPORATED, FOR THE MUNICIPAL COMPLEX FOR THE CITY OF ANNA AS SHOWN IN EXHIBIT "1" ATTACHED HERETO AND PROVIDING FORAN EFFECTIVE DATE. MOTION: Mayor Pike moved to approve subject to amending Phase 3-A9 and Phase 3-A10. Council Member Vollmer seconded. Motion carried &0. 11. Discuss/Consider/Act on a Resolution awarding the Municipal Complex Sanitary Sewer Construction Project (Public Works Director Greg Peters) The Municipal Complex Sanitary Sewer Construction Project is a major sewer rehabilitation and expansion project located in downtown Anna. The project is required for the construction of the new municipal facilities downtown. While the project is required for the Municipal Complex, it also benefits properties along Interurban Street which will also sewer to the new main that will be constructed. The project increases capacity of the existing collection system and replaces old sewer pipes which are undersized and in poor condition. The project is included in the City's Capital Improvement Program and is funded through Bond Funds, The City held a public competitive bid process in accordance with the Texas Local Government Code and opened bids on December 5, 2019. Seven bids were received for the project. With only one Council Meeting this month, staff is bringing this project forward for Council consideration immediately so that construction can commence as soon as possible. Due to the short turnaround time between the bid opening and the City Council meeting, staff has prepared a resolution authorizing the City Manager to award the project to the lowest qualified bidder in an amount not to exceed the budgeted amount of $365,000.00. Staff is working with the design engineer, Birkhoff, Hendricks, and Carter, LLC, to review and tabulate the bids and contact references for the bids received. Once the bid review is complete, the resolution would allow the City Manager to formally award the project to the lowest qualified bidder. A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE CITY MANAGER TO AWARD THE MUNICIPAL COMPLEX SANITARY SEWER CONSTRUCTION PROJECT TO THE LOWEST QUALIFIED BIDDER IN AN AMOUNT NOT TO EXCEED THREE HUNDRED SIXTY FIVE THOUSAND DOLLARS AND ZERO CENTS ($365,000.00); AND PROVIDING FOR AN EFFECTIVE DATE, MOTION: Council Member Miller moved to approve. Council Member Beazley seconded. Motion carried 6-0. 12. Discuss/Consider/Action on a Resolution of the City of Anna, Texas authorizing the City Manager to execute a purchase sale agreement for the purchase of 0.202 acres of real property to be designated as public right-of-way for the construction of West Foster Crossing Road as shown in Exhibit "A" attached hereto, in the amount not to exceed thirty five thousand dollars and zero cents ($35,000.00) in a form approved by the City Attorney; and providing for an effective date. (Public Works Director Greg Peters) West Foster Crossing Road is included in the City of Anna Capital Improvement Plan and is shown on the City of Anna Thoroughfare Plan as a Major Collector Street. The developer constructing Phases 24 of Pecan Grove is seeking to construct the northern half of West Foster Crossing Road along the Pecan Grove development.The developers have dedicated the required right-of-way for their portion of the frontage. This item is for the acquisition of a segment of right-of-way in between Pecan Grove Phase 2 and Phase 4, which is owned by a separate private property owner. The developers of Pecan Grove have negotiated for the purchase of the property by the City in an amount totaling $35,000.00. In addition, the developers will be responsible for replacing the property owner's fence, mailbox, and gate. Road construction is set to begin in early 2020, and as such it is important to complete the purchase of the needed right-of-way. The purchase will be funded through Roadway Impact Fee funds, which the project is eligible for. The City will contract with a title company to complete the necessary title search, preparation of a title commitment, and to complete the closing process. The purchase sale agreement was drafted by the City Attorney for this item. A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE SALE AGREEMENT FOR THE PURCHASE OF 0.202 ACRES OF REAL PROPERTY TO BE DESIGNATED AS PUBLIC RIGHT-OF-WAY FOR THE CONSTRUCTION OF WEST FOSTER CROSSING ROAD AS SHOWN IN EXHIBIT "A" ATTACHED HERETO, IN THE AMOUNT NOT TO EXCEED THIRTY FIVE THOUSAND DOLLARS AND ZERO CENTS ($35,000.00) IN A FORM APPROVED BY THE CITY ATTORNEY, AND PROVIDING FOR AN EFFECTIVE DATE, MOTION: Council Member Miller moved to approve. Council Member Toten seconded. Motion carried 6-0. 13. Discuss/Consider/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 for Place 6 vacant. Place 6 expires in June 2020. After brief discussion Mayor Pike nominated John Raner. His application was received; however, the necessary background check has not been completed. MOTION: Council Member Toten moved to appoint John Raner pending a clear background check. Council Member Bryan seconded. Motion carried 6-0. 14. CLOSED SESSION (EXCEPTIONS) Under Tex. Gov't Code Chapter 557, 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). Personnel Policies, design and construction contracts, meeting procedures, agreements regarding historical displays. City of Anna, Texas v. Zayo Group, LLC, Henkels & McCoy, Inc. and Sadler Boring LLC; Cause No. 366-05638-2018; In the 366th District Court, Collin County, TX 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. Mayor Pike seconded. Motion carried 6-0. Mayor Pike recessed the meeting at 8:58 PM Mayor Pike reconvened the meeting at 9:20 PM 15. Consider/Discuss/Action on any items listed on the posted agenda or any closed session occurring during this meeting, as necessary 16. Adjourn. Mayor Pike adjourned the meeting at 9:20 PM ATTEST: City Secretary Carrie L. Smith 14, 2020.