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Home My WebLink AboutCCmin2017-04-25ANNA CITY COUNCIL MINUTES WORK SESSION April 25, 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 Council Members were present. 2. 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): Throckmorton Creek Sewer Trunkline Project. 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. c. Discuss or deliberate personnel matters (Tex. Gov't Code §551.074); City Attorney annual review. MOTION: Council Member Miller moved to enter closed session. Council Member Beazley seconded. Motion carried 7-0. Mayor Crist adjourned the meeting into closed session at 6:33 p.m. Mayor Crist reconvened the open meeting at 7:30 p.rn. 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. 3. Consider/Discuss/Action on any items listed on any agenda-work session, regular CC Minutes 04/25/2017 Page 1 of 2 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. Mayor Crist seconded. Motion carried 7-0. 4. Adjourn. MOTION: Council Member Bryan moved to adjourn the open meeting. Council Member Beazley seconded. Motion carried 7:31 p.m. Mayor Crist adjourned the meeting at 7:31 p.m. ATTEST: (,. '-_-' /' __ /.:I j £ [,_{ z: .. ;/{ City Secretary Carrie L. Smith CC Minutes 04/25/2017 ,/!lv~May,2017. Mayor Mike Crist Page 2 of 2 ANNA CITY COUNCIL MINUTES REGULAR SESSION April 25, 2017 1. Call to Order/Roll Call and Establishment of Quorum Mayor Crist called the meeting to order at 7:35 p.m. All Council Members were present. 2. Invocation and Pledge of Allegiance. Mayor Crist led the Invocation and 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. William Morgan 2029 Helmoken Falls Dr. -spoke about his concern with the need to increase police department staffing. Kevin Toten 2800 Pecan Grove -stated he had not received any notification of a city election. Jim Luscombe 1303 W. Foster Crossing Rd. -spoke in opposition of the development agreement offered by the city. Robyn Luscombe 1303 W. Foster Crossing Rd. -spoke in opposition of the development agreement offered by the city. Leslie Luscombe 8645 Luscombe Farm Dr.-requested Council look at optional routes for the waterline along Foster Crossing. 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. CC Minutes 04/25/2017 Page 1 of 5 Mayor Crist read the proclamations to the public. a. Proclamation for Motorcycle Awareness Month. b. Proclamation recognizing May 7 -13 as National City Secretaries Week. Mayor Crist proclaimed May as Motorcycle Awareness month and the week of May 7 -13 as National City Secretaries Week. 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 Council Meeting Minutes: a. April 11, 2017 b. Resolution authorizing the purchase of mobile and portable radio equipment for the Police Department. (Chief Jenks) RESOLUTION NO. 2017-04-310 A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE PURCHASE OF MOBILE AND PORTABLE RADIO EQUIPMENT FOR THE POLICE DEPARTMENT. c. Resolution approving a Roadway Impact Fee Credit Agreement for Anna Elementary No. 3. (Maurice Schwanke) RESOLUTION NO. 2017-04-313 A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A WATER IMPACT FEE CREDIT AGREEMENT WITH ANNA INDEPENDENT SCHOOL DISTRICT (AISD) FOR ANNA ELEMENTARY NO. 3. d. Resolution approving a Water Impact Fee Credit Agreement for Anna Elementary No. 3. (Maurice Schwanke) RESOLUTION NO. 2017-04-314 A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A ROADWAY IMPACT FEE CREDIT AGREEMENT WITH ANNA INDEPENDENT SCHOOL DISTRICT (AISD) FOR ANNA ELEMENTARY NO. 3. MOTION: Council Member Beazley moved to approve the consent agenda. Council Member Martinez seconded. Motion carried 7-0. 6. Conduct a Public Hearing (2nd) on the annexation of approximately 466 acres of land within the J. Chalmers Survey, Abstract No. 0233 and the S. CC Minutes 04/2512017 Page 2 of 5 Craft Sr. Survey No. 0165. (Maurice Schwanke) Cecil Cheshier, 414 N. Sycamore St., Muenster, TX 76252 -against annexation and for Lou Gigliotti's race track William Morgan, 2029 Helmoken Falls Dr., Anna TX -for annexation control Misty Ventura, 9406 Biscayne Blvd, Dallas, TX 75218 -against annexation Paul Hoffman, 3408 Townbluff Pl., Plano TX 75023 -against annexation Lou Gigliotti, 704-E. Houston St., Anna, TX -against annexation Jimmy Morgan, 128 Shalom Ln, Anna, TX -for annexation if it can control Mr. Gigliotti's race track Mayor Crist opened the public hearing at 8:10 p.m. Rob Stone, E. Sterling -for annexation to control race track Michael F ii any -against annexation David Graham, CR 2860 -against annexation Lou Gigliotti 704-E. Houston St., Anna, TX -against annexation Mayor Crist closed the public hearing at 8:23 p.m. 7. 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 Joan Leslie Luscombe. (Joseph Johnson) Jim Luscombe 1303 W. Foster Crossing Rd.-opposed Leslie Luscombe 8645 Luscombe Farm Dr.-opposed Robyn Luscombe 1303 W. Foster Crossing Rd -opposed William Morgan 2029 Hemoken Falls Dr. -opposed MOTi ON: Mayor Crist moved that the City of Anna, Texas authorize the use of the power of eminent domain to acquire 0.304 acres of land, more or less, for a permanent water line easement, and 0.305 acres of land, more or less, for a temporary construction easement, said tracts located in the E. Shelby Survey, Abstract No. 839, Collin County, Texas, and being over, under and across a called 11.159 acre tract of land conveyed to Joan Leslie Luscombe by deed recorded in Document Number 20150318000293470 of the Deed Records of Collin County, Texas (D.R.C.C.T.), said 0.304 acres and 0.305 acres being more particularly described by the metes and bounds description set forth in Exhibit "A" to this resolution, which I incorporate in full into my motion. Council Member Martinez seconded. Motion carried 5-2. Bryan and Miller opposed. 8. 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 Joan Leslie Luscombe. (Joseph Johnson) Jim Luscombe 1303 W. Foster Crossing Rd.-opposed CC Minutes 04/25/2017 Page 3 of 5 Leslie Luscombe 8645 Luscombe Farm Dr.-opposed Robyn Luscombe 1303 W. Foster Crossing Rd -opposed William Morgan 2029 Helmoken Falls Dr. -opposed Christine Lewis 8108 Red Fox Rd.-opposed MOTi ON: Mayor Crist moved that the City of Anna, Texas authorize the use of the power of eminent domain to acquire 0.096 acres of land, more or less, for a permanent water line easement, and 0.096 acres of land, more or less, for a temporary construction easement, said tracts located in the E. Shelby Survey, Abstract No. 839, Collin County, Texas, and being over, under and across a called 1.00 acre tract of land conveyed to Joan Leslie Luscombe by deed recorded in Document Number 20040511000686520 and Volume 5666, Page 1155 of the Deed Records of Collin County, Texas (D.R.C.C.T.), said 0.096 acres and 0.096 acres being more particularly described by the metes and bounds description set forth in Exhibit "A" to this resolution, which I incorporate in full into my motion. Council Member Pelham seconded. Motion carried 5-2. Bryan and Miller opposed. 9. 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 the Luscombe Family Trust & Trust B Credit Shelter Trust. (Joseph Johnson) MOTION: Council Member Pelham moved to take no action. Council Member Burr seconded. Motion carried 7-0. 10. Consider/Discuss/Action regarding a Resolution appointing a Charter Review Commission. (City Manager) MOTION: Mayor Crist moved to table to May 9. Council Member Beazley seconded. Motion carried 7-0. 11. 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): Throckmorton Creek Sewer Trunkline Project. 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. CC Minutes 04/25/2017 Page 4 of 5 c. Discuss or deliberate personnel matters (Tex. Gov't Code §551.074); City Attorney annual review. MOTION: Council Member Bryan moved to enter closed session. Council Member Miller seconded. Motion carried 7-0. Mayor Crist recessed the meeting at 9:22 p.m. Mayor Crist reconvened the meeting at 9:47 p.m. 12. Consider/Discuss/Action on any items listed on the posted agenda or any closed session occurring during this meeting, as necessary MOTION: Council Member Beazley moved to take no action. Mayor Crist seconded. Motion carried 7-0. 13. Adjourn. Motion: Council Member Beazley moved to adjourn. Mayor Crist seconded. Motion carried 7-0. Mayor Crist adjourned the meeting at 9:50 p.m. A~!~Hvtcly, 2017. Mayor Mike Crist ATTEST: / I () / , / 1 /i ! j , ( / City Secretary Carrie L. Smith CC Minutes 04/25/2017 Page 5 of 5