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HomeMy WebLinkAboutCCmin2020-04-28ANNA CITY COUNCIL MINUTES REGULAR SESSION April 28, 2020 1. Call to Order/Roll Call and Establishment of Quorum Mayor Pike called the meeting to order at 6:30 PM. All Council was present. 2. Invocation and Pledge of Allegiance. Mayor Pike led the invocation and pledge. 3. Citizen Comments. At this time, any person may address the City Council regarding an item on this meeting agenda that is not scheduled for public hearing. Also, at this time any person may address the Council regarding an item that is not on this meeting agenda. Each person will be allowed up to three (3) minutes to speak. No discussion or action may be taken at this meeting on items not listed on this 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. Kelly Patterson -Herndon -Had questions regarding Lakeview Park rules, Item 5. b. Cheryl Armstrong -stated concerns with holding the July 4th event, Item 8. See attached Exhibits. 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. a0 1 he Director of Economic Development will provide the City Council with an update on the department and the Community Development and Economic Development Corporations. (Director of Economic Development Joey Grisham) Director of Economic Development Joey Grisham gave Council an update on developments. b. Recognition of Noah McElwey. (Mayor Pike) Mayor Pike recognized Noah McElwey for serving the healthcare works and first responders by providing them with "ear savers". 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. Consent Agenda Items 5. b. was removed from consent. a. Approved Council Meeting Minutes for March 26, April 1, and April 14. (City Secretary, Carrie Land) b. Approve Ordinance Amending the City of Anna's Swimming, Boating and Fishing Regulations in City Parks and Providing Rules for Lakeview Park (Managing Director of Community Services Ashley Stathatos). Lakeview Park located in Lakeview Subdivision recently came online and is now part of the City of Anna's Park System. Rules governing the use of the lake at the park are necessary for neighbors to be able to enjoy the lake amenity in a safe manner. The ordinance brought before the City Council encompasses the rules and regulations voted on and recommended by the Parks Advisory Board at their February meeting. The rules and regulations for swimming, boating and fishing pertain to any body of water in any city park. -Fishing is permitted from the banks of creeks, ponds and lakes. -Fishing is limited to catch and release only. -Motorized boats are not permitted. -Swimming is not permitted except in special circumstances authorized by the City Manager or their representative. The rules and regulations for swimming, boating and fishing in Lakeview Park are specific to the use of the lake in Lakeview Subdivision and do not apply to other bodies of water within city parks. -Non-motorized boats are permitted in Lakeview Lake. -A US Coast Guard approved wearable flotation device is required for any person on board any boat. -Careless, reckless behavior is prohibited. -Boating after dark and during inclement weather is prohibited. -Persons utilizing the lake at Lakeview Park do so at their own risk and the City of Anna disclaims all liability for personal injury and damage to personal property. All other rules are the same as noted in the section above. Any person violating this ordinance is subject to removal and suspension from Lakeview Park and a fine not to exceed $2,000. Law enforcement officers are authorized to enforce this ordinance. AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE ANNA CITY CODE OF ORDINANCES BY AMENDING CHAPTER 10, STREETS, PARKS AND OTHER PUBLIC WAYS AND PLACES; ARTICLE 10.02, PARKS, RECREATION AND SPECIAL EVENTS; DIVISION 2, GENERAL PARK REGULATIONS; SECTION 10.02.032, SWIMMING, BOATING AND FISHING; PROVIDING FOR A PENALTY FOR ANY VIOLATION OF THIS ORDINANCE NOT TO EXCEED $2,000; PROVIDING FOR SAVINGS, SEVERABILITY, AND REPEALING CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. MOTION: Council Member Toten moved to approve. Council Member Vollmer seconded. Motion carried 6-0. c. Approve the Quarterly Investment Report for the Period Ending March 31, 2020 (Finance Director Dana Thornhill) The City's portfolio as of quarter ending March 31, 2020 earned an average yield of 1.68%%. The total year to date interest earnings are $491,951. d. Approve a Resolution of the City of Anna, Texas approving and authorizing the City Manager to act on the City's behalf in authorizing the payment of invoices for the re-routing and underground placement of Oncor transmission lines and the extension of new electrical facilities for the City of Anna Municipal Complex in an amount not to exceed two hundred thirty nine thousand six hundred eighty-six dollars and sixty-eight cents ($239,686.68), and providing for an effective date. (Director of Public Works Greg Peters) In September of 2019 the City Council approved a resolution to initiate the early site work package for the Municipal Complex. In November of 2019 the City Council approved a resolution granting the necessary permanent electrical easements required for the relocation of existing overhead Oncor electric lines to the perimeter of the site. The existing property had overhead electric lines in direct conflict with the new Municipal Building. Therefore, the lines had to be moved. Placing the lines underground provides for a more visually appealing complex. The cost to re-route the existing Oncor transmission lines and extend new electrical facilities to the project was budgeted at $250,000.00 through Municipal Bond Funds. The work was done in combination by Lee Lewis and Oncor Electric. The total final cost for this work is $239,686.68. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO ACT ON THE CITY'S BEHALF IN AUTHORIZING THE PAYMENT OF INVOICES FOR THE RE-ROUTING AND UNDERGROUND PLACEMENT OF ONCOR TRANSMISSION LINES AND THE EXTENSION OF NEW ELECTRICAL FACILITIES FOR THE CITY OF ANNA MUNICIPAL COMPLEX IN AN AMOUNT NOT TO EXCEED TWO HUNDRED THIRTY NINE THOUSAND SIX HUNDRED EIGHTY-SIX DOLLARS AND SIXTY-EIGHT CENTS ($239,686.68), AND PROVIDING FOR AN EFFECTIVE DATE. e. Approve a Resolution approving the Minor Plat for Anna Industrial Park, Block A, Lots 1 & 2. (Director of Development Services Ross Altobelli) Office -showroom/warehouse and single-family dwelling, detached on two lots on 20.5± acres located on the south side of Farm -to - Market 2862, 1,482± feet east of North Sherley Avenue. Located within the extraterritorial jurisdiction (ETJ). A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE ANNA INDUSTRIAL PARK, BLOCK A, LOTS 1 AND 2, MINOR PLAT 6. Consider/Discuss/Action regarding approval of an ordinance extending the declaration of disaster and public health emergency. (City Manager Jim Proce) On Tuesday, March 17, 2020, the Mayor signed a declaration of disaster and public health emergency in response to the COVID-19 pandemic. The signed declaration was effective for seven days. At this time, the declaration would need to be extended should the Council wish to keep it in place beyond April, 30, 2020. Previously, the declaration has subsequently been extended on March 24, March 26, and April 14, 2020. Staff recommends that the declaration of disaster and public health emergency be maintained in alignment with pending State executive orders. No action taken. 7. Consider/Discuss/Action on an Ordinance of the City of Anna, Texas; amending the Anna City Code of Ordinances by amending Appendix A, Fee Schedule; providing for a penalty for any violation of this ordinance not to exceed $500, providing for savings and severability, and repealing clauses; providing for an effective date; and providing for the publication of the caption hereof. (Director of Public Works Greg Peters) The City of Anna has an existing process for the engineering plan review on private land development projects. The current process requires the developer to submit a $2,500 payment, which is held by the City. Funds are then paid to the 3rd party engineering consultant (currently Birkhoff, Hendricks, & Carter) on a pay as you go basis for their time spent reviewing plans. The current process requires excessive tracking by both Finance and Public Works staff, as the developer may be required to pay more, or the City may be required to reimburse unused funds back. Due to the timing of invoicing, projects may be approved and go to construction prior to the City realizing that the developer owes additional money for plan review. In addition, when the developer submits their plans, they have no idea how much money the plan review process will cost them. Staff is proposing a flat fee process, which is more efficient for City staff and provides developers with a known fee schedule they can budget for. Staff believes that the revised process will benefit staff and the development community by removing "red -tape" processes and providing more efficient and cost effective processes, while ensuring that a thorough plan review is completed. AN ORDINANCE OF THE CITY OF ANNA, TEXAS; AMENDING THE ANNA CITY CODE OF ORDINANCES BY AMENDING APPENDIX A, FEE SCHEDULE; PROVIDING FOR A PENALTY FOR ANY VIOLATION OF THIS ORDINANCE NOT TO EXCEED $500; PROVIDING FOR SAVINGS AND SEVERABILITY, AND REPEALING CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF, MOTION: Mayor Pike moved to approve. Council Member Toten seconded. Motion carried 6-0. 8. Consider/Discuss/Action on a Resolution approving a Special Event Permit to the Greater Anna Chamber of Commerce for the Annual 4th of July Fireworks Show (Ashley Stathatos Managing Director of Community Services). Kevin Hall, President/CEO of the Greater Anna Chamber of Commerce, has submitted a Special Event Permit Application to hold the Annual July 4th Fireworks Show in the evening at Coyote Stadium and Slayter Creek Park. The estimated attendance is 2,000 people. The primary activity would be the fireworks show, and there would be some food and beverage vendors as well. The Parks Advisory Board usually meets to review special event permit applications and makes recommendations to the City Council regarding such requests. They did not meet this past month since non-essential meetings are not being held. Even if they had met, they do not have the authority to make recommendations regarding public gatherings during the Declaration of Disaster and Public Health Emergency. Therefore, there is no recommendation from the Parks Advisory Board regarding this request, and staff is requesting that the City Council take action on this special event permit request. There is much to consider in regards to holding the annual July 4th event this year due to the uncertainty surrounding COVID-19 and the impact it will continue to have on public gatherings. Staff has outlined options for the City Council to consider for the July 4th event below and issues surrounding each option. • Approve the permit for July 4th at Coyote Stadium and Slayter Creek Park. If the City Council approves the permit, then, staff would need to work with the Chamber to plan a safe event for Anna neighbors. This would take additional resources. The stadium and park facilities would need to be sanitized prior to and after the event. There would need to be signage regarding safety protocols during the event and supplies and materials dedicated to maintaining appropriate distancing between neighbors. Disinfectant would need to be made readily available including sanitizing wipes and hand sanitizer. Additional manpower would be required to ensure compliance with the additional safety protocols and social distancing requirements. • Approve the permit for July 4th at another location where neighbors could watch the fireworks show from their vehicles. This would require the show be moved to an area with a high volume of parking such as Anna Town Center. Additional policing would be required to ensure groups of 10 did not gather and congregate in close proximity to each other. The price of the fireworks show would increase. The fireworks contract requires an additional 20% or $3,400 to be added to the costs if the location is moved. It is likely that a higher level show could be necessary for adequate viewing which would increase the costs of the fireworks show as well. • Postpone the event to a future date. The pyrotechnics company is allowing cities to postpone their fireworks shows to within 9 months of their contract date if they are postponed due to COVID-19 mandates. If the fireworks show is postponed, there would not be an event on the patriotic holiday. However, this would allow more time for the curve to flatten and the suspension of the special event permits to be lifted. Even if the show is postponed, staff anticipates that additional safety protocols and social distancing requirements will need to be put in place until things resume back to normal. • Cancel the event for this year. If the show should be cancelled due to COVID-19 special event permit suspensions, there is likely to be disappointment form neighbors that look forward to attending the fireworks show each year. The Greater Anna Chamber of Commerce would not receive their $8,500 non-refundable retainer back. MOTION: Council Member Toten moved to approve. Council Member Bryan seconded. Motion carried 4-2. Council Member's Vollmer and Miller opposed. 9. CLOSED SESSION (EXCEPTIONS) None. 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) 10. Consider/Discuss/Action on any items listed on the posted agenda or any closed session occurring during this meeting, as necessary None. 11. Adjourn. Mayor Pike adjourned the meeting at 8:14 PM. ATTEST: City Secretary Carrie L. Smith Appr on th ay 12, 2020. 1441r Mayor Nate Pike Carrie Land From: Kelly Patterson -Herndon Sent. Tuesday, April 28, 2020 4:56 PM To: Carrie Land; Nate Pike Cc: Ryan Henderson Subject: Lake Rules at tonight's meeting have questions about consent item 5 (b) regarding swimming, boating and fishing regulations rules for Lakeview Park. How will this affect the people on the other side of this lake? Some of those people have lakefront property and use this lake for fishing and boating. Will this new ordinance apply to them as well even though they are considered ETJ? (extraterritorial jurisdiction). Will they be subject to the wearable flotation devices, age restrictions and fishing license requirements that will become effective with this more detailed ordinance? Does declaring this a community lake take away the rights they have as lakefront property owners? What will they need to know about this ordinance? Pictures of ownership are attached. 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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. 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 Neighbors 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. *****************k***k****#**********#***#****#***Please Print*****#*********#***'`****'`**********:**********#****####* Name: Optional, for purpose of the City contacting speaker Address: Email: CitylState/Zip: Phone: NEIGHBORS COMMENTS: This item is available for neighbors to speak on any subject including items on the agenda that are not Public Hearing items. This item is also available for neighbors to speak on any subject including items that are not included on the agenda. However, by State law, no action may be taken on a subject that is not on the agenda. The time limit is three minutes per speaker. Note that the three-minute time limit applies to each speaker regardless of the number of items/topics the speaker may choose to discuss. PLEASE PROVIDE THE ITEMS/TOPIC(S) YOU WILL DISCUSS UNDER THE "NEIGHBORS COMMENT" N0 .$� PUBLIC HEARING Agenda Item # I wish to speak IN FAVOR of this item. 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