HomeMy WebLinkAboutCCmin2017-02-28 ANNA CITY COUNCI L
MINUTES
WORK SESSION
February 28, 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 6), to consider the following items.
I Call to Order, Roll Call and Establishment of Quorum
Mayor Crist opened the meeting at 6:30 PM.
Council Member Beazley was absent.
2. Briefing/Discussion regarding appointment of a Charter Review
Commission. (City Manager)
At least once every six (6) years, the City Council must appoint a Charter Review
Commission. The last Commission was appointed in 2011. The Commission must
consist of at least ten (10) citizens of the City all of whom must be qualified voters
in the City.
The Charter Review Commission is charged with the following responsibilities:
1. inquire into the operation of the City government under the Charter and
determine whether any provisions of the City Charter require revision;
2. propose any recommendations it deems desirable to insure compliance with j
the Charter of the City government:; and
3. report its findings and present its recommendations to the City Council.
We recommend that the Council consider the appointment of citizens with previous
experience and/or knowledge of the City and its operations.
The City Council; must receive and have published in the official newspaper of the
City a summary of the report presented by the Commission; must consider any
recommendations made; and may order any amendments suggested to be
submitted to the voters of the City. The term of office of the Commission must be
for not more than six months, at the end of which time a report must be presented 3
to the City Council. All records of proceedings of the Commission must be filed
with the City Secretary and become a public record.
3. CLOSED SESSION (EXCEPTIONS)
1
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
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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); acquisition of right-of-way, easements, and land
for parks and municipal facilities.
MOTION: Council Member Bryan moved to enter closed session. Council Member
Martinez seconded. Motion carried 6-0.
Mayor Crist recessed the meeting at 6:44 PM
Mayor Crist reconvened the meeting at 7:30 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.
MOTION: Council Member Bryan moved to take no action. Council Member Miller
seconded. Motion carried 6-0.
5. Adjourn.
MOTION: Council Member Pelham moved to adjourn. Council Member Bryan
seconded. Motion carried 6-0.
Mayor Crist adjourned the meeting at 7:31 PM.
CC Minutes 2/28/2017 Page 2 of 8
ANNA CITY COUNCIL
MINUTES
REGULAR SESSION
February 28, 2017
1, Call to Order/Roll Call and Establishment of Quorum
Mayor Crist opened the meeting at 7:37 PM
Council Member Beazley absent.
2. Invocation and Pledge of Allegiance.
Mayo Crist led the pledge and invocation.
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.
Jim Luscombe spoke to Council about his concerns with eminent domain.
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 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.
No reports.
5. Consent items.
These items consist of noncontroversial 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 minutes for:
February 10th and 11th 2017 Workshop
CC Minutes 2/28/2097 Page 3 of 8
February 14, 2017 Work and Regular Session
February 17th and 18th, 2017 workshop
(City Secretary)
b. Resolution authorizing the distribution of contingency appropriation. (Dana
Thornhill)
RESOLUTION NO. 2017-02-285
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND
AUTHORIZING THE CITY MANAGER TO DISTRIBUTE A PORTION
OF THE FY2016-2017 CONTINGENCY APPROPRIATION
MOTION: Council Member Burr moved to approve the consent agenda. Council
Member Bryan seconded. Motion carried 6-0.
6. Consider/Discuss/Action regarding a Resolution authorizing the City
Manager to execute a Texas Risk Reduction Program Restrictive Covenant
for a 0.792 acre tract of land located on S. Powell Parkway. (City Manager)
In connection with the purchase of the Anna Grain property last year, the City hired a
firm to perform a comprehensive environmental survey of the property. On June 14
last year, our environmental engineer presented a brief summary of the findings and
an outline of the proposed remediation strategy.
The study found elevated levels of arsenic in the soil in the suspected area of a
former cotton gin. While the levels exceed the EPA standard for residential use,
they did not exceed the standard for commercial use. Based on the
recommendation of our environmental engineer, the City submitted a corrective
action plan to the TCEQ that included a proposal to deed restrict the affected
property for commercial uses.
On February 16, 2017 the TCEQ issued a letter approving the City`s proposed
corrective action plan to deed restrict the portion of the property that is affected by
elevated levels of arsenic. The attached Resolution would authorize the City
Manager to execute the Texas Risk Reduction Program Restrictive Covenant
attached as Exhibit 1 to the Resolution. Our environmental engineer will be at the
meeting to answer any questions the Council may have.
RESOLUTION NO. 2017-02-286
A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A TEXAS RISK REDUCTION PROGRAM
RESTRICTIVE COVENANT FOR A 0.792 ACRE TRACT OF LAND LOCATED
ON S. POWELL PARKWAY
MOTION: Council Member Burr moved to approve. Council Member Miller
seconded. Motion carried 6-0
7. Consideration/Action on appointments to the EDC and CDC. (City Secretary)
CC Minutes 2/28/2017 Page 4 of 8
MOTION: Council Member Martinez moved to appoint Anthony Richardson to
Place 1 of the EDC and CDC. Council Member Miller seconded. Motion carried 4-
2 Pelham and Bryan opposed.
MOTION: Council Member Pelham moved to appoint James Gurski to Place 2 of
the EDC and CDC. Council Member Bryan seconded. Motion carried 5-2. Martinez
opposed.
8. Consider/Discuss/Action on a Resolution instituting Annexation
proceedings and setting the dates, times and places for public hearings for
the annexation of a 466 acre tract of land located in the J. Chalmers Survey,
Abstract No. 0233 and the S. Craft Sr. Survey No. 0165. (Maurice Schwanke)
The proposed annexation involves approximately 466 acres of land within the J.
Chalmers Survey, Abstract No. 0233 and the S. Craft Sr. Survey No. 0165. The
area contains 26 parcels of property with 5 single family homes, 18 manufactured
homes, and two commercial buildings under construction and is bounded on the
south by the Sam Rayburn Memorial Hwy. and is traversed by F.M. 2862 and
County Road 526. The north Boundary is County Road No. 525.
The Resolution would initiate or begin annexation proceedings of the area. The City
will schedule two public hearings that will be held during the regular City Council
Meetings on April 11th and April 25th. During the first public hearing, Staff will
present a plan that will explain how the city will fulfill its obligation to extend full
municipal services to the properties being annexed. A final vote on the annexation
would be scheduled on May 23rd.
Prior to annexing properties that are appraised for property tax purposes as land for
agricultural, wildlife management use, or as timber land (as defined in Subchapter
C, D, or E Chapter 23, Tax Code) the City is required to offer to make a
development agreement with the landowner. Such a development agreement
would:
1. guarantee the continuation of the extraterritorial (outside the city limits) status
of the property for a period of time; and
2. authorize the enforcement of all regulations and planning authority of the city
that do not interfere with the use of the property for agriculture, wildlife
management, or timber.
The City could elect to proceed with annexation of property with a qualifying tax
exemption if the owner declines a development agreement offer extended by the
City. The Council may elect to extend the same development agreement offer to
the owners of properties that do not have a qualifying tax exemption.
RESOLUTION NO. 2017-02-287
A RESOLUTION INSTITUTING ANNEXATION PROCEEDINGS AND SETTING
THE DATES, TIMES AND PLACES FOR PUBLIC HEARINGS FOR THE
ANNEXATION OF 466 ACRES OF LAND LOCATED IN THE J. CHALMERS
SURVEY, ABSTRACT NO. 0233 AND THE S. CRAFT JR. SURVEY, ABSTRACT
CC Minutes 2128/2017 Page 5 of 8
NO. 165, AND DIRECTING THE CITY MANAGER TO OFFER ON BEHALF OF
THE CITY TO MAKE A DEVELOPMENT AGREEMENT WITH THE OWNERS OF
PROPERTY WITHIN THE AREA PROPOSED FOR ANNEXATION.
MOTION: Council Member Pelham moved to approve. Council Member Martinez
seconded. Motion carried 6-0.
9. Consider/Discuss/Action regarding a Resolution approving an Automatic
Aid Agreement with the Westminster Volunteer Fire Department. (Chief
Gothard)
RESOLUTION NO, 2017-02-288
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AN AUTOMATIC
AID AGREEMENT WITH THE WESTMINSTER VOLUNTEER FIRE
DEPARTMENT AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME
MOTION: Council Member Bryan moved to approve. Council Member Pelham
seconded.
motion carried 6-0.
10. ConsiderlDiscusslAction regarding a Resolution approving a Chapter 380
Economic Development Grant Agreement with Bloomfield Homes, LP and
authorizing the City Manager to execute the Agreement. (Jessica Perkins)
RESOLUTION NO.2017-02289
RESOLUTION APPROVING A CHAPTER 380 ECONOMIC DEVELOPMENT
GRANT AGREEMENT BETWEEN THE CITY OFANNAAND BLOOMFIELD
HOMES, LP
MOTION: Council Member Martinez moved to approved. Mayor Crist seconded.
Motion carried 6-0.
11. Consider/Discuss/Action regarding a Resolution authorizing the City
Manager to execute a contract with Axis Construction, L.P. for the Water
Disinfection System Upgrade Project. (Joseph Johnson)
RESOLUTION NO. 2017-02-290
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH AXIS
CONSTRUCTION, L.P. FOR THE WATER DISINFECTION SYSTEM UPGRADE
PROJECT.
MOTION: Council Member Pelham moved to approve. Council Member Martinez
seconded. Motion carried 6-0.
12. Consider/Discuss/Action regarding a Resolution authorizing the City
Manager to execute a Professional Services Agreement with Kimley-Horn
and Associates, Inc. for the Sanitary Sewer Inflow and Infiltration Analysis
Project. (Joseph Johnson).
CC Minutes 2/28/2017 Page 6 of 8
RESOLUTION NO.2017-02-292
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND
AUTHORIZING THE CITY MANAGER TO ACT ON THE CITY'S BEHALF IN
EXECUTING AN AGREEMENT FOR ENGINEERING SERVICES WITH KIMLEY
HORN AND ASSOCIATES, INC. FOR THE SANITARY SEWER INFLOW AND
INFILTRATION ANALYSIS PROJECT
MOTION:Mayor Crist moved to approve. Council Member Martinez seconded.
Motion carried 6-0.
13. ConsiderlDiscuss/Action regarding a Resolution approving a Facilities Use
Agreement with the Anna Sports Group for 2017. (Maurice Schwanke)
RESOLUTION NO. 2017-02-291
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A FACILITIES
USE AGREEMENT WITH THE ANNA SPORTS GROUP FOR 2017,AND
AUTHORIZING THE CITY MANAGER TO EXECUTE SAME.
MOTION: Council Member Miller moved to approve. Council Member Burr
seconded. Motion carried 6-0.
14. 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. 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 §551.072j, acquisition of right-of-way, easements, and land
for parks and municipal facilities.
No Closed Session.
15. Cons iderlDiscusslAction on any items listed on the posted agenda or any
closed session occurring during this meeting, as necessary
MOTION: Council Member Martinez moved to approve. Council Member Bryan
seconded. Motion carried 6-0.
16. Adjourn.
Mayor Crist moved to adjourn. Council Member Bryan seconded. Motion carried 6-
0.
CC Minutes 2/28/2017 Page 7 of 8
Mayor Crist adjourned the meeting at 8:37 PM
ov n the arch 14, 2017.
Mayor Mike Crist
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City Secretary Carrie L. Smith * ti
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