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.
Thank you,
Kelly Patterson -Herndon
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CITY OF ANNA SPEAKER SIGN -IN FORM
WELCOME TO THE ANNA CITY COUNCIL MEETING!
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We appreciate your interest in the community and hope you will visit again soon.
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