HomeMy WebLinkAboutCCmin2019-06-11ANNA CITY COUNCIL
MINUTES
WORK SESSION
June 11, 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 p.m.
Council Member Miller was absent.
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). Development Fees; Law Enforcement Services.
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 Commissions
MOTION: Council Member Beazley moved to enter closed session. Council
Member Toten seconded. Motion carred 6-0.
Mayor Pike recessed the meeting at 6:31 p.m.
Mayor Pike reconvened the meeting at 7:07 p.m.
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
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.
None.
4. Adjourn. There being no further business before the Council, we will consider this
meeting adjourned at p.m.
Mayor Pike adjourned the meeting at 7:08 p.m.
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City Secretary Came L. Smith
ANNA CITYCOUNCIL
MINUTES
REGULAR SESSION
June 11, 2019
1. Call to Order/Roll Call and Establishment of Quorum
Mayor Pike called the meeting to order at 7:08 p.m.
All Council Members were present.
2. Invocation and Pledge of Allegiance.
Council Member Beazley led the invocation and Mayor Pike 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.
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.
a. Proclamation -Anna Lady Coyotes Softball Team Day June 12, 2019
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 for May 28, 2019. (Carrie Smith)
b. Review minutes of the April 4, 2019 Economic Development Corporation
meeting. (Joey Grisham)
c. Review Minutes of the April 10, 2019 Economic Development Corporation
Special Meeting. (Joey Grisham)
d. Review Minutes of the April 4. 2019 Community Development Corporation
meeting. (Joey Grisham)
e. Review Minutes of the April 10, 2019 Community Development Corporation
Special Meeting. (Joey Grisham)
f. Review minutes of the May 6, 2019 Planning and Zoning Meeting. (Maurice
Schwanke)
g. Approve a Resolution approving the Daniel Rodriguez Development Plat.
(Maurice Schwanke)
The development plat for review is located within Anna's extra territorial
jurisdiction and is generally located on the West side of County Road 479,
South of County Road 429. The tract is in the Mark R. Roberts Survey,
Abstract No. 742 and contains 6.794 acres of land. The owner is proposing to
put a new home and shop on the property. The submittal meets the City of
Anna development plat requirements.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE
DANIEL RODRIGUEZ DEVELOPMENT PLAT
MOTION: Council Member Beazley moved to approve the Consent Agenda.
Council Member Miller seconded. Motion carried 7-0.
6. Consider/Discuss/Action on an Ordinance Amending the FY 2019 Budget
(Dana Thornhill)
The proposed budget amendment includes funding for the following purposes:
Utility Fund
Sewer Department - The City has experienced torrential rainfall since the beginning
of the fiscal year. With this comes inflow and infiltration of the rainwater into the
sewer system. The Public Works Department is working diligently to evaluate the
system and to minimize the impact.
As a result of the rainfall, the City has been faced with escalating costs associated
with the transportation and treatment costs paid to North Texas Water District. To
assist with the increased costs, staff is recommending a budget adjustment to
transfer $839,000 from the Water Development Agreement Fund, as well as
increasing other revenues within the fund in the amount of $393,397. Total revenues
to be increased are $1,232,397.
The FY 2019 budget for treatment and transportation was budgeted at $1,200,000.
This budget adjustment will increase the budget to $2,432,397. Staff will continue
to evaluate additional ways to offset the increased costs.
Community/ Development Fund
On May 16, 2019, the Anna Community Development Corporation Board approved
a Resolution amending the promotion expense line item by $20,313. This
amendment will allow staff to more effectively promote the City and capture past
funds allowable for promotions to be utilized.
Economic Development Fund
On May 16, 2019, the Anna Economic Development Corporation Board approved
a Resolution amending the promotion expense line item by $18,213. This
amendment will allow staff to more effectively promote the City and capture past
funds allowable for promotions to be utilized.
AN ORDINANCE AMENDING ORDINANCE NO. 783-2018 ADOPTING THE
BUDGET FOR THE 2018-2019 FISCAL YEAR; PROVIDING FOR SAVINGS,
SEVERABILITY, AND REPEALING CLAUSES; PROVIDING FOR AN
EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE
CAPTION HEREOF.
MOTION: Council Member Beazley moved to approve. Council Member Tutson
seconded. Motion carried 7-0.
7. Consider/Discuss/Action on a Resolution Opposing House Bill 2439.
A bill introduced in the Texas House of Representatives, HB 2439 (and its
companion in the Senate, SB 1266), would prevent local governments from directly
or indirectly prohibiting the use of specific building products or materials in the
construction, renovation, maintenance or alteration of residential or commercial
structures, whether by ordinance or regulation.
HB 2439 would enable the use of any building material or product anywhere, as
long as it has been approved for use by a national model building code that has
been adopted by the local government.
Cities and local governmental bodies across the State have passed resolutions
formally declaring their opposition to HB 2439.
A RESOLUTION OF THE CITY OF ANNA OPPOSING HB 2439 RELATING
TO CERTAIN REGULATIONS ADOPTED BY GOVERNMENTAL ENTITIES
FOR THE BUILDING PRODUCTS, MATERIALS, OR METHODS USED IN
THE CONSTRUCTION OR RENOVATION OF RESIDENTIAL OR
COMMERCIAL BUILDINGS.
MOTION: Council Member Beazley moved approve subject to being sent to
Senator and Governor. Mayor Pike seconded. Motion carried 7-0.
8. A) Conduct a public hearing to consider public comments regarding a
request by John Rattan, the owner of the property. The property is
currently zoned Restricted Commercial (C-1) and Thoroughfare Overlay
District (THOR). The applicant requests to replace the existing Zoning with
a Commercial Planned Development. The section of property is located on
the Southwest corner of White St (FM 455) and Ferguson Pkwy. (Maurice
Schwanke)
B) Consider/Discuss/Action on an Ordinance approving the request by the
applicant and owners of the property to replace the existing zoning with a
new, Planned Development zoning.
The proposed use for this site is a Chase Bank. The existing zoning on the
property is "C-1" which allows for the bank use; however, the site is overlain with the
Thoroughfare Overlay District which requires a front setback of 50 feet from the
right-of-way of West White Street (F.M. 455). The Chase Bank developers are
wanting to put their parking behind the building and have just landscaping between
the building and the street. Therefore, they are proposing the attached "PD" with a
front setback of 20 feet which would override the 50 foot requirement. Additionally,
they are requesting the separation of driveways be a minimum of 100 feet instead
of 150 feet and the use of El FS (Exterior Insulation Finishing System) over 15 feet
above surface elevation. A concept plan is attached.
The Planning and Zoning Commission recommended approval of the zoning
request at their regularly scheduled meeting on June 3rd, 2019.
Mayor Pike opened the public hearing at 8:04 p.m.
No Comments.
Mayor Pike closed the public hearing at 8:04 p.m.
(SW Corner of White St and Ferguson Pkwy Zoning Change from Commercial C-
1 & Thoroughfare Overlay District to a Commercial Planned Development.) 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 $2000 OR THE HIGHEST PENALTY
AMOUNT ALLOWED BY LAW, WHICHEVER IS LESS; AND, PROVIDING
FOR THE PUBLICATION OF THE CAPTION HEREOF.
MOTION: Mayor Pike moved to approve. Council Member Miller seconded.
Motion carried 7-0.
9. Consider/Discuss/Action approving a Resolution approving a Development
Agreement with Bloomfield Homes to make improvements to Lakeview Park
and Slayter Creek Park. (Maurice Schwanke)
Bloomfield homes is willing to make improvements to Lakeview Park and Slayter
Creek park in return for park credits. The improvements would include the following:
Lakeview Park
A Playground facility (including fall zone and concrete ribbon edging), bathroom
facilities, picnic shelter, a lake wall, associated trail, sod and irrigation at Lakeview
Park.
Slayter Creek Park
A Playground facility (including fall zone and concrete ribbon edging) east of
Bambrough Drive at Chatsworth in Slayter Creek Park and improvements along the
eastern edge of phases 8, 10, and 12.
These plans have been recommended by the Parks Board. Park credits available
within Lakeview phases and West Crossing phases exceeds $1,000,000. This
agreement will allow the City to have improvements earlier than if the City waits until
all funds are in place.
MOTION: Mayor Pike moved to table the item. Council Member Beazley
seconded. Motion carried 7-0.
10. Consider/Discuss/Action on an Ordinance Amending the Fee Schedule
relating to Building Permit Fees and Building Inspection Fees. (Ashley
Stathatos)
Staff is bringing new building permit and inspection fees to Council for
consideration.
The goals for doing so are to ensure compliance with recently adopted state
legislation, provide funding to cover third party fee restructuring and increases
beyond City control, as well as, initiate an internal business unit to provide timely
permitting and cost containment going forward.
Staff completed a market assessment to ensure Anna's fees remain competitive
with neighboring cities while at the same time, they are high enough to cover costs
associated with growth and development. The aim is to move beyond the current
status quo and provide higher service levels to the development community. Staff
aims to streamline building processes making it quick and easy to get permits in
Anna, a much desired need of all builders and contractors.
Additionally, at a future meeting, staff will present a comprehensive plan to transition
to an in-house building department. An in-house building department is necessary
to be able to sustain the city's growth.
AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING THE ANNA
CITY CODE OF ORDINANCES BY AMENDING PART IV; SCHEDULE OF
FEES; PROVIDING FOR A PENALTY FOR ANY VIOLATION OF THIS
ORDINANCE NOT TO EXCEED $500; PROVIDING FOR SAVINGS,
SEVERABILITY, AND REPEALING CLAUSES; PROVIDING FOR AN
EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE
CAPTION HEREOF.
MOTION: Council Member Bryan moved to approve. Council Member Miller
seconded. Motion carried 7-0.
11. Consider/Discuss/Action on an Ordinance Amending the Subdivision
Regulations and Schedule of Fees Regulating the Park Development Fund.
(Ashley Stathatos)
Staff is bringing an ordinance to Council, for consideration, pertaining to the Parks
Development fund and the revenue within the fund. Currently, the Parks
Development Fund can be used for capital improvements and the purchase of land.
This Ordinance would, also, allow for planning, engineering, design and
construction of parks facilities, maintenance and equipment associated with new
and modernized facilities, long range planning and special studies. In addition, the
new language adds clarity and eliminates misinterpretation of the Parks
Development Fund and its intended use.
AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE ANNA
CITY CODE OF ORDINANCES BY AMENDING PART 111-A SUBDIVISION
REGULATIONS, ARTICLE 4 PUBLIC SITES AND OPEN SPACES,
SECTIONS 5.03 (d) AND 5.05; AMENDING PART IV SCHEDULE OF FEES,
ARTICLE 4 DEVELOPMENT FEES, SECTION 6 PARKS, SCHOOL SITES,
PUBLIC AREAS PERMIT FEES; PROVIDING FOR A PENALTY FOR ANY
VIOLATION OF THIS ORDINANCE NOT TO EXCEED $500; PROVIDING
FOR SAVINGS, SEVERABILITY, AND REPEALING CLAUSES;
PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE
PUBLICATION OF THE CAPTION HEREOF.
MOTION: Council Member Reeves moved to approve. Council Member Bryan
seconded. Motion passed 5-2. Beazley and Miller opposed.
12. Consider/Discuss/Act on a Resolution approving a Marketing Agreement
with Utility Service Partners Private Label, Inc. (Jim Proce)
At the February 26, 2019, City Council Work Session, the City Manager presented
to the City Council the National League of Cities (NLC) Service Line Warranty
Program administered by Utility Service Partners Private Label, Inc.
The NLC Service Line Warranty Program provides an optional, proactive solution
to a problem that is bound to strike our neighbors at some point in time.
When private service lines break or leak, many homeowners call the city first and
are often surprised and frustrated to learn that the city can't help. Educational
marketing about homeowners' responsibility for service lines is a key component of
the program.
This program provides affordable repair plans backed by vetted, local -area
contractors, keeping dollars in the local economy. At no cost to the city, the program
offers affordable protection for in-home plumbing and external water and sewer
lines that will cover the cost of repairing leaks, breaks and clogs. The program
features generous coverage amounts, and there is never a service fee or
deductible. There are no annual or lifetime limits.
The Marketing Agreement before the Council grants Utility Services Partners
Private Label, Inc. a non-exclusive license to use, only during the term of the
agreement, the City's name and logo on letterhead, bills, and marketing materials to
be sent to residential property owner regarding the NLC Service Line Warranty
Program. The cost for the materials will solely be on Utility Services Partners and
will be subject to the City's prior review and approval.
The term of the agreement shall be for three years from the effective date. The
agreement will automatically renew for an additional one-year term unless one of the
parties give the other written notice at least ninety days prior to the end of the term.
As a consideration for such license, Utility Service Partners will pay to the City a
license fee set forth in Exhibit A of the agreement.
The City Attorney has reviewed all of the agreement terms and has approved them
for execution.
MOTION: Council Member Reeves moved to approve. Council Member Tutson
seconded. Motion failed 3-3. Beazley, Miller and Pike opposed. Council Member
Toten was out of the room.
13. 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). Development Fees; Law Enforcement Services.
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 Commissions
MOTION: Council Member Tutson moved to enter Closed Session. Council
Member Miller seconded. Motion carried 7-0.
Mayor Pike recessed the meeting at 9:54 p.m.
Mayor Pike reconvened the meeting at 9:58 p.m.
14. Consider/Discuss/Action on any items listed on the posted agenda or any
closed session occurring during this meeting, as necessary
No action.
15. Adjourn.
Mayor Pike adjourned the meeting at 9:58 p.m.
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Mayor Nate Pike
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City Secretary Carrie L. Smith
CITY OF ANNA SPEAKER SIGN -IN FORM
WELCOME TO THE ANNA CITY COUNCIL MEETING!
• Those wishing to address the City Council are asked to complete this form. Please present the form
and ten (10) copies of any written notes or handouts to the City Secretary prior to the Regular
meeting. Groups wishing to address the same issue are encouraged to select a spokesperson.
• The Presiding Officer will ask those wishing to address the City Council to do so at the appropriate
time. Please approach the speaker's stand, state your name and address for the record, and discuss
the specific agenda item or topic of interest. Please direct your comments only to the Presiding
Officer. Note: With the exception of public hearings, the City is not required by law to allow for citizen
comment. Please be courteous and refrain from language or behavior that is disorderly or disruptive
to the conduct of City business.
• Although the City Council cannot take specific action on Citizens' Comments on items not on the
Regular Agenda due to legal requirements, the City Council may:
1. Have the item placed on a future agenda for action;
2. Refer the item to the full City Council or a subcommittee for further study;
3. Refer the item to staff for study or conclusion.
We appreciate your interest in the community and hope you will visit again soon.
*********************** ****************Please
1 �
Name: �C-�:� c:-�75�z�c�, Date: /9,/S
Address: City/State/Zip: C -t /
CITIZENS' COMMENTS: This item is available for citizens to speak on any subject including
items on the agenda that are not Public Hearing items. However, by State law, no action may be taken
on the topic. The time limit is three minutes per speaker, not to exceed a total of fifteen minutes for all
speakers. Note that the three-minute time limit applies to each speaker regardless of the number of
items the speaker may choose to discuss.
PLEASE PROVIDE THE TOPIC(S) YOU WILL DISCUSS UNDER THE "CITIZENS' COMMENT"
PUBLIC HEARING Agenda Item #
I wish to speak IN FAVOR of this item.
I wish to speak IN OPPOSITION to this item.
I do not wish to speak.
Please record my SUPPORT OPPOSITION.
Additional
\Comlents: r-)
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January 18, 2018
Council Speaker Sign -In Sheet
CITY OF ANNA SPEAKER SIGN -IN FORM
WELCOME TO THE ANNA CITY COUNCIL MEETING!
• Those wishing to address the City Council are asked to complete this form. Please present the form
and ten (10) copies of any written notes or handouts to the City Secretary prior to the Regular
meeting. Groups wishing to address the same issue are encouraged to select a spokesperson.
The Presiding Officer will ask those wishing to address the City Council to do so at the appropriate
time. Please approach the speaker's stand, state your name and address for the record, and discuss
the specific agenda item or topic of interest. Please direct your comments only to the Presiding
Officer. Note: With the exception of public hearings, the City is not required by law to allow for citizen
comment. Please be courteous and refrain from language or behavior that is disorderly or disruptive
to the conduct of City business.
Although the City Council cannot take specific action on Citizens' Comments on items not on the
Regular Agenda due to legal requirements, the City Council may:
1. Have the item placed on a future agenda for action;
2. Refer the item to the full City Council or a subcommittee for further study;
3. Refer the item to staff for study or conclusion.
We appreciate your interest in the community and hope you will visit again soon.
Name: �- TN`o6�1s Date:
Address: Z`i F- Am I` o--0U&O O - City/State/Zip:
CITIZENS' COMMENTS: This item is available for citizens to speak on any subject including
items on the agenda that are not Public Hearing items. However, by State law, no action may be taken
on the topic. The time limit is three minutes per speaker, not to exceed a total of fifteen minutes for all
speakers. Note that the three-minute time limit applies to each speaker regardless of the number of
items the speaker may choose to discuss.
PLEASE PROVIDE THE TOPIC(S) YOU WILL DISCUSS UNDER THE "CITIZENS' COMMENT"
ITEM:
�p(Aq- 5"UPQ ins W&&- T CV-05� NCr
PUBLIC HEARING Agenda Item #
I wish to speak IN FAVOR of this item.
wish to speak IN OPPOSITION to this item.
I do not wish to speak.
Please record my SUPPORT OPPOSITION.
Additional Comments:
January 18, 2018
Council Speaker Sign -In Sheet
A L I
CITY OF ANNA SPEAKER SIGN -IN FORM
WELCOME TO THE ANNA CITY COUNCIL MEETING!
• Those wishing to address the City Council are asked to complete this form. Please present the form
and ten (10) copies of any written notes or handouts to the City Secretary prior to the Regular
meeting. Groups wishing to address the same issue are encouraged to select a spokesperson.
The Presiding Officer will ask those wishing to address the City Council to do so at the appropriate
time. Please approach the speaker's stand, state your name and address for the record, and discuss
the specific agenda item or topic of interest. Please direct your comments only to the Presiding
Officer. Note: With the exception of public hearings, the City is not required by law to allow for citizen
comment. Please be courteous and refrain from language or behavior that is disorderly or disruptive
to the conduct of City business.
Although the City Council cannot take specific action on Citizens' Comments on items not on the
Regular Agenda due to legal requirements, the City Council may:
1. Have the item placed on a future agenda for action;
2. Refer the item to the full City Council or a subcommittee for further study;
3. Refer the item to staff for study or conclusion.
We appreciate your interest in the community and hope you will visit again soon.
Please Print
n�
Name: Elden Baker (and members of AAHPS) Date: W� `
Address: 305 Eastbrook Dr
City/State/Zip: Anna, TX 75409
X CITIZENS' COMMENTS: This item is available for citizens to speak on any subject including
items on the agenda that are not Public Hearing items. However, by State law, no action may be taken
on the topic. The time limit is three minutes per speaker, not to exceed a total of fifteen minutes for all
speakers. Note that the three-minute time limit applies to each speaker regardless of the number of
items the speaker may choose to discuss.
PLEASE PROVIDE THE TOPIC(S) YOU WILL DISCUSS UNDER THE "CITIZENS' COMMENT"
ITEM:
APPA Area Historical I2rQ9QP4QtiQA 2068ty would like to provide Gop 0 as; of owr Pew book, "The Spark That
Ignited the Town of Anna" to the mayor and council members (continued below)
PUBLIC HEARING Agenda Item #
I wish to speak IN FAVOR of this item.
I wish to speak IN OPPOSITION to this item.
I do not wish to speak.
Please record my SUPPORT OPPOSITION.
Additional Comments:
in recognition of their support in the relocation and restoration of the Anna Train Depot and
establishment of Sherl-e-y-R-e-nFage Park.
January 19, 2018
Council Speaker Sign -In Sheet