CITY OF COOPER  CITY COUNCIL MEETING-REGULAR DECEMBER: 10, 2018-5:00PM  COUNCIL MEMBERS PRESENT: DARREN BRADDY; MAYOR, E.J. CATES, ALLEN FOSTER, DONNA  THOMASON, AND' WILLIE "BEAR" WILKINS CITY ATTORNEY: JAY GARRETT  OTHERS PRESENT: EMILY HOWSE, KAREN ATKINS, SUSAN RAZOR. AMANDA L'ESPERANCE, CARMEN CHESSHER, TREY OATS, LONE OATS, RICKY D. SMITH, KIM COX, AND CHARLES EDWARDS  ABSENT: DAVID PHILLIPS AGENDA ITEM#1 AGENDA ITEM#2 seconded. Vote unanimous. AGENDAI ITEM#3  Mayor Darren Braddy called the meeting to order and Darren also voiced the prayer.  Donna Thomason made the motion to approve the November 13, 2018 minutes as written. Allen Foster  Charles Edwards, with Resource Management and Consulting, was present to present resolution#01- 12-18 authorizing the submission of an application to the Texas Department of Agriçulture (TDA) fora 2019/2020 TXCDBG Program Grant. This grant consists of $275,000.00 for repairs at the Water Treatment Plant with a 10% match for the City of Cooper. E.J.C Cates made the motion to read resolution  #01-12-18 by caption. Donna Thomason seconded. Vote unanimous.  City Attorney. Jay Garrett read:  RESOLUTION #01-12-18  AI RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COOPER, TEXAS, AUTHORIZING THE SUBMISSION OF ATEXAS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM APPLICATION TO THE TEXAS DEPARTMENT OF AGRICULTURE FOR THE COMMUNITY DEVELOPMENT FUND; AND. AUTHORIZING THE CITY MAYOR TO ACT AS THE CITY'S EXECUTIVE OFFICER. AND AUTHORIZED REPRESENTATIVE IN ALL MATTERS PERTAINING TO THE CITY'S PARTICIPATION IN THE TEXAS COMMUNITY DEVELOPMENT BLOCK Willie "Bear" Wilkins made the motion to approve resolution #01-12-18 authorizing the submission of an application to the TDA for the 2019/2020 TXCDBG Program Grant. Allen Foster seconded. Vote  GRANT PROGRAM.  unanimous. AGENDA ITEM #4  Trey Oats thanked the council for allowing him to speak. He appearèd before the council again to discuss the issue of his house which he inadvertently placed of city property. Previously the council requested a survey be done to verify this determination. Trey presented his survey which William V Perry, with CGB Surveying, Texas LLC, Firm Certificate #10168801 performed. Trey stated that the: survey which he presented was not officially signed, awaiting city approval of the findings. Below is the document that Trey presented stating his suggestion for a resolution on this matter  1    101 December 2018- - Summary Discussion to Mayor Braddy and the Cooper City Council ByTrey Oats, Delta County Resident 210.701.0061/tdoats@gmail.com) Ask by Cooper City Council was. tol have a. professional suryey. completed,. Loçation, north side of Big Creek Lake, north of Cooper approximately 5! miles on FM128. 29J July, Hired CGB Surveying LLCC of Sulphur Springs Texas 24 August, CGB performed first survey 09.0 Oçtaber, Draft Survey dropped offt to Mayor  Background  Previously presentedt to this body on 09. July: 2018.  Actions Taken  25 September, CGB, provided, draft copy of said survey (Final after City Council Reviews) 131 November, Met with Mayor Braddy and. Jay Garrett to review survey. 03,December, Survey provided to Kim Gregory: at the Delta County Appraisal District.  :  Findings  Survey: "Confirmed" Oats Homei is on City Property.  :  Actual locationi is 166, feetf from nearest Oats property corner. Finished Frame (FF) of homei is 464.881 feet aboye seal level as noted on survey. City Flowage Easement is only on "Second Tract" as noted on: survey. Cityi is exposed without' "Flowagel Easement" on Oats property beneath max floodz zone of 461.51 feeta above: seal leveli in 3 places as noted ont the survey. Largest propertyi is, 406 acres, int the center of the survey" "Third" Tract" per deed.  Survey "Revealed City Liability"  Desired Objective Findar resolution. Suggestion  Negotiation withr neighboring body, City of Cooper, to achieve a' win-win' perhaps... In! laymen's terms, a Trade' to Eliminate the city'sl liability ande exposure on! land you do not have easement on,f for ownership of thel land down tot the 458 elevation which Inl legal 'meets and bounds' terms, following precedent set by the City of Cooper in: 2001 Trade Oats Owned "Flowage Easement" on "First Tract" and "Third" Tract" along with adjustment on "Second Tract" to the City of Cooper (approximately. .65 Acres) Inr return, for "Ownership" oft thep property out to 458 feet above seal level (6.889 Acres)  includest the land that my! houses sits upon. as noted ont the next page.  2    Precedent- Easement of adjoining property, To. the West: 2001- - City of Cooper granted...  "Alll landi lying abovet the 4581 mean' seal level whichi is part of 88.211 tract ofi land conveyed by! Lone Oats andy wife, Mae Oats tot the City of Cooper by deed dated January 21, 1986 ofr recordi in Volume 182, page! 575 Deed Records of Delta County Texas." "SAVE ANDE EXCEPT therei is) hereby reservedt to the Grantor it's succèssors and assignsa floode easement ons saidi land! betweèn 458 means seal levèl contour line and upt to 461.5 mean seal level contour line fort the purposes ofi inundating said landy witht the waters and 1)-"AIl! land lying above the 4581 means sea level whichi is part' of 85.78 tract ofl land conveyed by ELDON M. BOND, SR: and wife,) HELEN E. BOND tot the City of Cooper by deed dated. 16"h day of September 1985 in Vol 181, page. 577 Deed Records of Delta County-Texas."ish hèreby conveyed to Trey Oats 2) Add Propositioni for the CITY OF COOPER for flood easement: "SAVE AND EXCEPT there is hereby reserved tot the Grantori it's successors and assigns a floode easement on said land between 458 mean seal! level contour line ard upt to 461.5 mean: seall level'o contour linet for the purposes ofi inundating said land witht the waters and overflow of Big Creek Resèrvoir." conveyed tot the CITY OF COOPER for BIG CREEK  overflow of Big Creek Reservoir.". 2001 the Ask... deed adjustment  : 597  : :  LAKE RESERVOIR :  .  :5:  S1 35.117:  - : : 1.it vcAn. 3:  - : : : :  : 14  7 :. : : : 7r 33.3 5 M - :TwS :5.517 : 541 :  M 15, :  . : : 11:5. 51 : 5 :  :. :  : : :    Trey stated that the city carried al liability due to lack of flowage easement on part of his property. His proposal oft trading flow easement for property ownership would benefit both  3    parties. City Attorney Jay Garrett stated that the city had no liability worries due the fact that it was a very low percentage ofa a chance that those areas would flood and even sO the cityl had liability insurance for such events. After much discussion on this matter it was the consensus of  the council to table this matter until further research could be done.  AGENDAITEM #5  Carmen Chessher thanked the council for allowing her to speak. Carmen presented to the council that the Cooper Clean-up Crew had completed many projects. She commended the volunteers for their time and effort. Carmen stated that several of the volunteers had equipment that was available for use but was not always available. She asked the council if city equipment could be used when the others were not available. City Attorney. Jay Garrett stated that the city could not go onto private property unless the property was legally condemned after legal attempts to contact the owner of such property had been made. It was the consensus of the council to allow city employees, which were volunteering their time, to use city equipment in cases that were deemed legal to do SO. Donna Thomason made the motion to allow city equipment to be used to aid the volunteers of the Cooper Clean-Up Crew only with city employees which were volunteering to operate such equipment. Allen Foster seconded.  Vote unanimous. AGENDAI ITEM #6  Ordinance #01-12-18 was on the table for approval. The details of this ordinance were previously discussed ini the November 13, 2018 meeting to allow a set back variance for 1308 S.W. 10th.E.J. Cates made the motion to read ordinance #01-12-18 by caption. Donna  Thomason seconded. Vote unanimous. City Attorney Jay Garrett read:  ORDINANCE NO. 01-12-18  AN ORDINANCE GRANTING VARIANCE FOR PROPERTY LOCATED AT 1308 S.W. 10th STREET FROM CERTAIN ENCROACHMENT OF THE HOUSE AND COVERED PORCH IN THE REGULATIONS PRESCRIBED BY THE CITY CODE FOR. AN EXISTING STRUCTURE SET BACKS AND PROVIDING AN EXPIRATION FOR THE VARIANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COOPER: E.J. Cates made the motion to approve ordinance #01-12-18 as read by caption. Allen Foster  seconded. Vote unanimous. AGENDA ITEM #7  Sheriff Ricky D. Smith was present to give an update on the firing range that was located behind the Big Creek Dam at the Water Treatment Plant. Sheriff relayed his gratitude to the council for allowing the Sheriff's Department to build the firearm qualifying facility. He stated that it was a great value to his department. He stated that the state requires annual qualification but due to the near location, he would like for his deputies to qualify bi-annually. Sheriff stated that there was more work that needed to be done to allow better access but he was very grateful and  appreciative of what was done so far.  4    AGENDA ITEM #8 AGENDA ITEM: #9 AGENDA ITEM #10 unanimous. AGENDA ITEM #11 TIME: 5:55 PM APPROVED:  Mayor Darren Braddy gave updates on current maintenance projects.  Monthly budget reports were reviewed.  Donna Thomason made the motion to approve accounts payable. E.J. Cates seconded. Vote  Allen Foster made the motion to adjourn. Willie "Bear" Wilkins seconded. Vote unanimous.  ATTEST:  Doub.ss  C EMILY HOWSE CITY SECRETABY  DARREN BRADDY, MAYOR CITY OF COOPER  5