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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 3 i 3 CC Minutes 2128/2017 Page 1 of 8 E 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 ATTEST: OF s(�C/✓7�VC� ` o- City Secretary Carrie L. Smith * ti ti 1 r, i •, u;isltillY ! CC Minutes 212812017 Page 8 of 8