HomeMy WebLinkAbout2015-05-26 Workshop & Regular MeetingY{OUR.} HOMETOWN
CITY OF ANNA AGENDA NOTICE -CITY COUNCIL WORKSHOP
May 26, 2015
6:30 p.m. —Anna City Hall Administration Building
The City Council of the City of Anna will meet in Workshop Session at 6:30 p.m., May 261
2015 at the Anna City Hall Administration Building, located at 111 N. Powell Parkway (Hwy
5), regarding the following items,
1. Call to Order.
2. Roll Call and Establishment of Quorum.
3. Administer the Statement of Elected Officer and the Oath of Office and present
Certificate of Election to the newly elected officials. (Mayor)
4. Briefing/ Discussion regarding FY 2016 Budget. (Clayton Fulton)
5. 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
gation 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); discussion
regarding changes in state law regarding land use.
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 municipal facilities;
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.
1. The Council may vote and/or act upon each of the items listed in this agenda.
2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is
considered necessary and legally justified under the Open Meeting Act.
3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924-
3325 two working days prior to the meeting so that appropriate arrangements can be made.
O5-2645 CC Workshop Meeting Agenda.doc 1 Posted 05-2245
�j
6. Consider/Discuss/Action on any items listed on posted agenda for May 26, 2015
City of Anna City Council Regular Meeting or any Closed Session occurring during
this Workshop, as necessary.
7. Adjourn.
This is to certify that I, Mirenda McQuagge-Walden, Acting City Secretary, posted
this agenda at a place readily accessible to the public at the Anna City Hall and on
the City Hall bulletin board at or before 5:00 p.m., May 22, 2015.
Mirenda McQuagge-Walden, Acting City Secretary
1. The Council may vote and/or act upon each of the items listed in this agenda.
2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is
considered necessary and legally justified under the Open Meeting Act.
3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924-
3325 two working days prior to the meeting so that appropriate arrangements can be made.
O5-26-I5 CC Workshop Meeting Agenda.doc 2 Posted 05-22-15
y{ppg,} HOMETOWN
CITY OF ANNA AGENDA NOTICE —CITY COUNCIL REGULAR MEETING
May 26, 2015
7:30 p.m. —Anna City Hall Administration Building
The City Council of the City of Anna will meet in Regular Session at 7:30 p.m., May 26,
2015, at the Anna City Hall Administration Building, located at 111 North Powell Parkway
(Hwy 5), to consider the following items.
Welcome to the City Council Meeting. Please sign the Sign -In -Sheet as a record of
attendance. If you wish to speak on an open -session agenda item please fill out the
Opinion/Speaker Registration Form and turn it in to the City Secretary before the meeting
starts.
1. Call to Order.
2. Invocation and Pledge of Allegiance.
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.
1. The Council may vote and/or act upon each of the items listed in this agenda.
2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is
considered necessary and legally justified under the Open Meeting Act.
3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924-
3325 two working days prior to the meeting so that appropriate arrangements can be made.
O5-26-15 CC Regular Meeting Agenda.doc 1 Posted 05-22-15
5. Consider/Discuss/Action regarding electing the Mayor Pro Tern as directed in
the City Charter. (City Council)
6. Consider/Discuss/Action regarding electing the Deputy Mayor Pro Tem as
directed in the City Charter. (City Council)
7. 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 City Council Regular Meeting Minutes for March 24, 2015.
b. Approve City Council Regular Meeting Minutes for April 14, 2015.
c. Approve City Council Regular Meeting Minutes for April 28, 2015.
d. Approve City Council Regular Meeting Minutes for May 12, 2015.
e. Approve City Council Special Meeting Minutes s for May 19, 2015
f. Approve a resolution approving a negotiated settlement between
the Atmos Cities Steering Committee and Atmos Energy Corp. Mid-
�DiSvS'�� Tex Division regarding the company's 2014 and 2015 rate review
mechanism filings. (Jessica Perkins)
g. Approve a resolution regarding the approval of a special event
4? / permit and authority to execute an agreement between the City of
Anna and Daddy Rex Twisted BBQ for a special event permit to
sponsor a Summer Night Concert Series. (Maurice Shwanke)
ari ,m0000se h.
Approve a resolution adopting a Contractor Locality Local
Opportunity Plan. (Joseph Johnson)
Approve a resolution establishing rules regarding the use of
excessive force during nonviolent civil rights demonstrations.
(Joseph Johnson)
� is Approve a resolution to adopting a Section 504 Grievance
Procedure. (Joseph Johnson)
l i /, I<. Approve a resolution designating the month of August as Fair
Housing Month and supporting fair housing activities within the city.
(Joseph Johnson)
I. Approve a resolution authorizing the sale of a Fire Department
rescue vehicle. (Chief Gothard)
8. Public Hearing: For City Council to hear public comment regarding TxCDBG
Civil Rights and Equal Opportunity: Policy of Nondiscrimination on the basis
of handicapped status. (Joseph Johnson)
1. The Council may vote and/or act upon each of the items listed in this agenda.
2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is
considered necessary and legally justified under the Open Meeting Act.
3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924-
3325 two working days prior to the meeting so that appropriate arrangements can be made.
O5-26-15 CC Regular Meeting Agenda.doc 2 Posted 05-22-15
9. Public Hearing: For City Council to hear public comment regarding the
proposed rezoning of The Villages of Hurricane Creek from "PD" — single family
residential to "PD" — single family residential.
b. Consider/Discuss/Action regarding an ordinance approving the rezoning of
The Villages of Hurricane Creek from "PD" — single family residential to "PD" —
single family residential. (Maurice Shwanke)
10. Public Hearing: For City Council to consider public comments on a request by
Mixon Realty Co, owner(s) of property, requesting a zoning change from (SFE)
Single Family Estate to (C1) Restricted Commercial zoning on approximate
32.991 acres of land. The subject property is generally located east of County
Road 286 and west of U.S. Hwy 75.
b. Consider/Discuss/Action regarding adopting an ordinance approving the
P" W6W requested zoning change to (C1) Restricted Commercial zoning on
approximate 32.991 acres of land. (Maurice Shwanke)
11. Briefing / Discussion regarding storm water management practices. (Joseph
Johnson)
12. 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); discussion
regarding changes in state law regarding land use.
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 municipal facilities;
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.
13. Consider/Discuss/Action on any items listed on posted agenda for May 26,
2015 Workshop Session or any closed session occurring during this Regular
Meeting, as necessary.
1. The Council may vote and/or act upon each of the items listed in this agenda.
2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is
considered necessary and legally justified under the Open Meeting Act.
3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924-
3325 thvo working days prior to the meeting so that appropriate arrangements can be made.
O5-26-15 CC Regular Meeting Agenda.doc 3 Posted 05-2245
14. Adjourn.
This is to certify that I, Mirenda McQuagge-Walden, Acting City Secretary,
posted this agenda at a place readily accessible to the public at the Anna City
Hall and on the City Hall bulletin board at or before 5:00 p.m. May 22, 2015.
Mirenda McQuagge-Walden, Acting City Secretary
1. The Council may vote and/or act upon each of the items listed in this agenda.
2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is
considered necessary and legally justified under the Open Meeting Act.
3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924-
3325 two working days prior to the meeting so that appropriate arrangements can be made.
O5-26-15 CC Regular Meeting Agenda.doc 4 Posted 05-22-15
CITY OF ANNA, TEXAS
AGENDA SUBJECT: Call to order.
SUMMARY:
STAFF RECOMMENDATION:
Item NO. I W S
City Secretary'S use only
City COuncil Agenda
Staff Report
Date:
Staff Contact:
Exhibits:
May 26I 2015
City Manager
None
CITY OF ANNA, TEXAS
AGENDA SUBJECT:
Roll call and establishment of quorum.
SUMMARY:
Mayor establishes a quorum
STAFF RECOMMENDATION:
Item No. 2 WS
City Secretary's use only
City Council Agenda
Staff Report
Date:
Staff Contact:
Exhibits:
May 26I 2015
City Manager
None
CITY OF ANNA, TEXAS
Item No. 3 WS
City Council Agenda
Staff Report
Date: May 26, 2015
Staff Contact: Mirenda Walden
Exhibits: Attached
AGENDA SUBJECT:
Administer the Statement of Elected Officer and the Oath of Office and present Certificate
of Election to the newly elected officials.
SUMMARY:
According to the City Charter each newly -elected person to the City Council is entitled to
be inducted into office at the first regular City Council meeting following the election that
the newly -elected member attends. Also according to the City Charter all elected and
appointed officers of the City must take and sign an oath of office based on those
prescribed for state elective and appointed offices, respectively, in the Constitution of the
State of Texas. The Statement of Elected Officer and the Oath of Office will be given to
the newly elected officials.
STAFF RECOMMENDATION:
Staff recommends that the Statement of Elected Officer and Oath of Office be
administered to newly elected officials.
CITY OF ANNA, TEXAS
AGENDA SUBJECT:
Briefing/Discussion regarding the FY 2016 Budget
Item No. 4 WS
City Secretary's use only
City Council Agenda
Staff Report
Date:
$toff Contact:
Exhibits:
SUMMARY:
Staff will review the following draft budgets with the City Council:
• Police
• Animal Control
• Fire
• Ambulance
• Municipal Court
Yes
May 26, 2015
Clayton Fulton
These departments are being reviewed together as each department relates to public
safety. The combined budget public safety is typically around 50% of the General Fund
Budget.
STAFF RECOMMEAwa NDATIOjV: -�)Uv l
3v
n l "too J
jfta
go J*WD 77
IV
CITY OF ANNA,TEXAS
Item No. 5 WS
City Secretary's use only
City Council Agenda
Staff Report
Date:
Staff Contact:
Exhibits:
May 26, 2015
City Manager
AGENDA SUBJECT:
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:
SUMMARY:
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); discussion regarding changes in state law regarding land use.
b. discuss or deliberate the purchase, exchange, lease, or value of real property
(Tex. Gov't Code §551.07211 acquisition of right-of-way, easements, and land
for municipal facilities;
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.
STAFF RECC,�MMENDATION:
CITY OF ANNA, TEXAS
Item No. 6 WS
City Secretary's use only
City Council Agenda
Staff Report
Date:
Staff Contact:
Exhibits:
May 26, 2015
City Manager
None
AGENDA SUBJECT:
Consider/Discuss/Action on any items listed on posted agenda for May 26, 2015
Workshop Session or any closed session occurring during this Regular Meeting, as
necessary.
"'r, "
�1
SUMMARY:
STAFF RECOMM NDATION:
L�
L/
ITY OF ANNA,TEXAS
AGENDA SUBJECT:
Adjourn
Item No. 7 WS
City Secretary's use only
City Council Agenda
Staff Report
Date:
Staff Contact:
Exhibits:
SUMMARY:
Item to adjourn the meeting. _ 6 7,3Z
STAFF RECOMMENDATION:
Staff recommends a motion to adjourn.
YK V
M�
May 26, 2015
City Manager
None
Y{OUR? HOMETOWN
CITY OF ANNA AGENDA NOTICE —CITY COUNCIL REGULAR MEETING
May 26, 2015 7:30 p.m. —Anna City Hall Administration Building
The City Council of the City of Anna will meet in Regular Session at 7:30 p.m., May 26,
2015, at the Anna City Hall Administration Building, located at 111 North Powell Parkway
(Hwy 5), to consider the following items.
Welcome to the City Council Meeting. Please sign the Sign -In -Sheet as a record of
attendance. If you wish to speak on an open -session agenda item please fill out the
Opinion/Speaker Registration Form and turn it in to the City Secretary before the meeting
starts.
1. Call to Order. ?' S
2. Invocation and Pledge of Allegiance.
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.
l .The Council may vote and/or act upon each of the items listed in this agenda.
2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is
considered necessary and legally justified under the Open Meeting Act.
3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924-
3325 two working days prior to the meeting so that appropriate arrangements can be made.
O5-26-15 CC Regular Meeting Agenda.doc 1 Posted 05-22-15
5. Consider/Discuss/Action regarding electing the Mayor Pro Tern as directed in
the City Charter. (City Council)
6. Consider/Discuss/Action regarding electing the Deputy Mayor Pro Tem as
directed in the City Charter. (City Council)
7. 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 City Council Regular Meeting Minutes for March 24, 2015.
b. Approve City Council Regular Meeting Minutes for April 14, 2015.
c. Approve City Council Regular Meeting Minutes for April 28, 2015.
d. Approve City Council Regular Meeting Minutes for May 12, 2015.
e. Approve City Council Special Meeting Minutes s for May 19, 2015
f. Approve a resolution approving a negotiated settlement between
the Atmos Cities Steering Committee and Atmos Energy Corp. Mid -
Tex Division regarding the company's 2014 and 2015 rate review
mechanism filings. (Jessica Perkins)
g. Approve a resolution regarding the approval of a special event
permit and authority to execute an agreement between the City of
Anna and Daddy Rex Twisted BBQ for a special event permit to
sponsor a Summer Night Concert Series. (Maurice Shwanke)
h. Approve a resolution adopting a Contractor Locality Local
Opportunity Plan. (Joseph Johnson)
i. Approve a resolution establishing rules regarding the use of
excessive force during nonviolent civil rights demonstrations.
(Joseph Johnson)
j. Approve a resolution to adopting a Section 504 Grievance
Procedure. (Joseph Johnson)
k. Approve a resolution designating the month of August as Fair
Housing Month and supporting fair housing activities within the city.
(Joseph Johnson)
Approve a resolution authorizing the sale of a Fire Department
rescue vehicle. (Chief Gothard)
8. Public Hearing: For City Council to hear public comment regarding TxCDBG
Civil Rights and Equal Opportunity: Policy of Nondiscrimination on the basis
of handicapped status. (Joseph Johnson)
9. Public Hearing: For City Council to hear public comment regarding the
proposed rezoning ofThe Villages of Hurricane Creel<from "PD" —single family
residential to VD" — single family residential.
l .The Council may vote and/or act upon each of the items listed in this agenda.
2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is
considered necessary and legally justified under the Open Meeting Act.
3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924-
3325 two working days prior to the meeting so that appropriate arrangements can be made.
O5-26-15 CC Regular Meeting Agenda.doc 2 Posted 05-22-15
b. Consider/Discuss/Action regarding an ordinance approving the rezoning of
The Villages of Hurricane Creek from "PD" — single family residential to "PD" —
single family residential. (Maurice Shwanke)
10. Public Hearing: For City Council to consider public comments on Cl request by
Mixon Realty Co, owner(s) of property, requesting a zoning change from (SFE)
Single Family Estate to (Cl) Restricted Commercial zoning on approximate
32.991 acres of land. The subject property is generally located east of County
Road 286 and west of U.S. Hwy 75.
b. Consider/Discuss/Action regarding adopting an ordinance approving the
requested zoning change to (Cl) Restricted Commercial zoning on
approximate 32.991 acres of land. (Maurice Shwanke)
11. Briefing / Discussion regarding storm water management practices. (Joseph
Johnson)
12. 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); discussion
regarding changes in state law regarding land use.
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 municipal facilities;
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.
13. Consider/Discuss/Action on any items listed on posted agenda for May 26,
2015 Workshop Session or any closed session occurring during this Regular
Meeting, as necessary.
14. Adjourn.
1. The Council may vote and/or act upon each of the items listed in this agenda.
2. The Council resen�es the right to retire into executive session concerning any of the items listed on this agenda, whenever it is
considered necessary and legally justified under the Open Meeting Act.
3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924-
3325 two working days prior to the meeting so that appropriate arrangements can be made.
O5-26-15 CC Regular Meeting Agenda.doc 3 Posted 05-22-15
This is to certify that I, Mirenda Mcquagge-Walden, Acting City Secretary,
posted this agenda at a place readily accessible to the public at the Anna City
Hall and on the City Hall bulletin board at or before 5:00 p.m. May 22, 2015.
Mirenda McQuagge-Walden, Acting City Secretary
1. The Council may vote and/or act upon each of the items listed in this agenda.
2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is
considered necessary and legallyjustified wider the Open Meeting Act.
3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924-
3325 two working days prior to the meeting so that appropriate arrangements can be made.
O5-26-I5 CC Regular Meeting Agenda.doc 4 Posted 05-22-15
CITY OF ANNA, TEXAS
AGENDA SUBJECT: Call to order.
SUMMARY:
STAFF RECOMMENDATION:
Item NO. I
City Secretary's use only
City Council Agenda
Staff Report
Date:
Staff Contact:
Exhibits:
May 26I 2015
City Manager
N/A
CITY OF ANNA, TEXAS
Item NO. 2
City Secretary's use only
City Council Agenda
Staff Report
Date:
Staff Contact:
Exhibits:
AGENDA SUBJECT: Invocation and Pledge of Allegiance.
SUMMARY:
STAFF RECOMMENDATION:
May 26I 2015
City Manager
N/A
vVelaGme to the city aaumil meeung4s your presence and pa fc1 etrorr are
appreciated= Yow way mako your opffi% known, an an issue andfbF ragPate ' tom
speak to the Mayor and i Council. Pieria f Is fog in at the staff labfe o
61 fenva.rded to the Mayer. Pi sa step fd the padfum as S a as You are
re sized by to Mayor and state your name and address before b urFr Your
mesaa tiorr If u have written rotes or +the° aterraI you wish �� � �� the
agar and Cauned, please furnish, an a €a, c9py f6r the offrGial fifes_
Name:
I' do nGt wish fo a€ dress the ayar and City Council} but €-a• €sft fa: register-
�k�'xstx� d:E^���z��-���'�'��t � �������si�€,:t�s�SYt�xX����ic��fr� F�`� �Ys��-*�F�-z�'k E-��E�:�k3�3rk�•��
CITY OF AN NA, TEXAS
AGENDA SUBJECT: Citizen comments.
SUMMARY:
Item No. 3
City Secretary's use only
City Council Agenda
Staff Report
Date:
Staff Contact:
Exhibits:
May 26, 2015
City Manager
N/A
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.
STAFF RECOMMENDATION:
'� 1 c�� W�
) o� li �,►�Lcf
CITY OF ANNA, TEXAS
Item No. 4
City Secretary's use only
City Council Agenda
Staff Report
Date: May 26, 2015
Staff Contact: City Manager
Exhibits: N/A
AGENDA SUBJECT: Receive reports from Staff or the City Council about items of
community interest.
SUMMARY:
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.
STAFF RECOMMENDATION:
14
7LA4VI IVUJU4L�
� Cam- a"^'�. `s fii-J^—y
CITY OF ANNA, TEXAS
Item No. 5
City Secretary's use only
City Council Agenda
Staff Report
Date:
Staff Contact:
Exhibits:
May 26, 2015
City Manager
N/A
AGENDA SUBJECT:
Consider/Discuss/Action regarding electing the Mayor Pro Tern as directed in the City
Charter. (City Council)
SUMMARY:
According to the City Charter the Mayor Pro-Tem is a Council Member elected by the City
Council at the first regular meeting after each election of Council Members and/or Mayor.
The Mayor Pro Tern must act as the Mayor during the disability or absence of the Mayor,
and in this capacity has the rights conferred upon the Mayor.
STAFF RECOMMENDATION:
Staff recommends electing the Mayor Pro Tem.
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Lm'
Lam.
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CITY OF ANNA, TEXAS
Item NO. 6
City Secretary's use only
City Council Agenda
Staff Report
Date:
Staff Contact:
Exhibits:
May 26, 2015
City Manager
N/A
AGENDA SUBJECT:
Consider/Discuss/Action regarding electing the Deputy Mayor Pro Tern as directed in the
City Charter. (City Council)
SUMMARY:
According to the City Charter the Deputy Mayor Pro Tem is a Council Member elected by
the City Council at the first regular meeting after each election of Council Members and/or
Mayor. The Deputy Mayor Pro Tern must act as Mayor during the disability or absence of
the Mayor and Mayor Pro Tern, and in this capacity has the rights conferred upon the
Mayor.
STAFF RECOMMENDATION:
Staff recommends electing the Deputy Mayor Pro Tem.
CITY OF ANNA, TEXAS
Item No. 7 a —1
City Secretary's use only
City Council Agenda
Staff Report
Date:
Staff Contact:
Exhibits:
May 26, 2015
City Manager
Attached
AGENDA SUBJECT:
These items consists of non -controversial or "housekeeping" items required by law. Items
may be considered individually by any Council Member making such request prior to
motion and vote on the Consent Items.
SUMMARY:
a. Approve City Council Regular Meeting Minutes for March 24, 2015.
b. Approve City Council Regular Meeting Minutes for April 14, 2015.
c. Approve City Council Regular Meeting Minutes for April 28, 2015.
d. Approve City Council Regular Meeting Minutes for May 12, 2015.
e. Approve City Council Special Meeting Minutes s for May 19, 2015
f. Approve a resolution approving a negotiated settlement between
the Atmos Cities Steering Committee and Atmos Energy Corp. Mid -
Tex Division regarding the company's 2014 and 2015 rate review
mechanism filings. (Jessica Perkins)
g. Approve a resolution regarding the approval of a special event
permit and authority to execute an agreement between the City of
Anna and Daddy Rex Twisted BBQ for a special event permit to
sponsor a Summer Night Concert Series. (Maurice Shwanke)
h. Approve a resolution adopting a Contractor Locality Local
Opportunity Plan. (Joseph Johnson)
i. Approve a resolution establishing rules regarding the use of
excessive force during nonviolent civil rights demonstrations.
(Joseph Johnson)
J. Approve a resolution to adopting a Section 504 Grievance
Procedure. (Joseph Johnson)
k. Approve a resolution designating the month of August as Fair
Housing Month and supporting fair housing activities within the city.
(Joseph Johnson)
I. Approve a resolution authorizing the sale of a Fire Department
rescue vehicle. (Chief Gothard)
STAFF RECOMMENDATION:
Staff recommends approval of the consent items.
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CITY OF AN NA, TEXAS
Item No. 7f
Cit} Secretary's use only
City Council Agenda
Staff Report
Date:
Staff Contact:
Exhibits:
May 26, 2015
Jessica Perkins
Attached
AGENDA SUBJECT:
Approve a resolution approving a negotiated settlement between the Atmos Cities
Steering Committee and Atmos Energy Corp. Mid -Tex Division regarding the company's
2014 and 2015 rate review mechanism filings. (Jessica Perkins)
SUMMARY:
The City, along with other similarly situated cities served by Atmos Energy Corp., Mid -Tex
Division ("Atmos Mid -Tex" or "Company"), is a member of the Atmos Cities Steering
Committee ("ACSC"). The RRM Tariff was adopted by the City as an alternative to the Gas
Reliability Infrastructure Program ("GRIP"), the statutory provision that allows Atmos to
bypass the City's rate regulatory authority to increase its rates annually to recover capital
investments. In February 2014, Atmos Mid -Tex filed its second annual filing under the
Rate Review Mechanism ("RRM") Tariff, seeking an increase of $45.7 million. Although
ACSC attempted to reach a settlement with the Company as it had in past years, the wide
differences between the Company and ACSC's consultants' recommendations made a
compromise impossible. On the recommendation of the ACSC Executive Committee and
ACSC's legal counsel, the City in 2014 adopted a Resolution denying the requested rate
increase.
The Company appealed the City's denial to the Railroad Commission of Texas
("Commission"), and revised its requested increase to $43.8 million. A hearing was held
on the Company's appeal on September 3, 2014. On April 28, 2015, the Commission's
Hearings Examiner issued his Proposal for Decision ("PFD") in the Company's appeal of
the City's denial of the 2014 RRM rate increase. This PFD was not favorable to ACSC, but
did recommend a reduction of approximately $860,000 to the Company's adjusted 2014
filing.
While the parties were waiting for the PFD from the Hearings Examiner in the appeal of
the 2014 RRM filing, on February 27, 2015, Atmos Mid -Tex filed with the City another rate
increase request under the RRM Tariff, seeking additional revenues in the amount of
$28.762 million (total system) or $24.0 million (affected cities). The City worked with
ACSC to analyze the schedules and evidence offered by Atmos Mid -Tex to support its 2015
request to increase rates. The Resolution and attached Settlement Agreement and tariffs
are the result of negotiation between the Mid -Tex Executive Committee and the
Company to resolve issues raised by ACSC during the review and evaluation of Atmos Mid-
Tex's filing. The recommended Settlement Agreement also requires Atmos to abate its
appeal of the City's rejection of the 2014 RRM rate increase pending approval by all ACSC
cities of the Settlement Agreement. The Agreement requires Atmos to give the City the
benefit of the adjustments to the 2014 rate increase recommended by the PFD.
The Resolution and Settlement tariffs approve rates that will increase the Company's
revenues by $65.7 million for the Mid -Tex Rate Division, effective for bills rendered on or
after June 1, 2015. The monthly residential customer charge will be $18.60. The
consumption charge will change from $0.08819 per Ccf to $0.09931 per Ccf. The monthly
bill impact for the typical residential customer consuming 60 Ccf will be an increase of
$1.14 (about a 1.59% increase in the base bill). The typical commercial customer will see
an increase of $2.69 or 0.96%.
The ACSC Executive Committee and its designated legal counsel and consultants
recommend that all Cities adopt the Resolution approving the negotiated Settlement
Agreement resolving both the 2014 and the 2015 RRM filings, and implementing the rate
change.
Why Approve the Settlement Agreement:
While it is annoying and disconcerting to annually consider rate adjustments from Atmos
Mid -Tex, the Texas legislature has granted gas utilities the right, through the GRIP
process, to an annual increase based on increases in invested capital. GRIP is piecemeal
ratemaking and ignores increases in revenues and declines in O&M expenses that may be
associated with plant additions. ACSC found it preferable to negotiate with Atmos to
substitute an expedited comprehensive review process that includes consideration of
revenues and expenses as well as invested capital for the GRIP process.
Compelling reasons for approving the Settlement include:
1. While the 2015 RRM system -wide filing exceeded $28 million, a comparable GRIP
filing would have been in excess of $38 million. ACSC has negotiated a reduction
to the 2015 filing of approximately $6 million. Therefore, the 2015 RRM result is
approximately $16 million better for ratepayers within municipal limits than
ratepayers within Environs.
2. ACSC counsel is convinced that the Proposal for Decision ("PFD") by Railroad
Commission Examiners in the 2014 RRM appeal will not improve if we file
Exceptions and Replies to Exceptions. Counsel recommends action to avoid the
PFD becoming a final order that would serve as precedent in future rate
proceedings.
3. The token benefit to ratepayers authorized in the PFD to the 2014 appeal has been
incorporated into the Settlement Agreement.
4. Atmos will file its formal withdrawal of its 2014 appeal only after all ACSC
members approve the Settlement Agreement.
5. The alternative to approval of the Settlement Agreement would be another
contested case hearing on appeal of the 2015 filing, implementation of interim
rates on June 1, 2015 at the full value of the Company's request (or $6 million
higherthan proposed bythe Settlement) and continuation of the 2014 appeal with
resulting rate case expenses borne by ratepayers.
STAFF RECOMMENDATION.
Staff recommends you approve the resolution.
CITY OF ANNA, TEXAS
AGENDA SUBJECT:
Item No. 7g
City Secretary's use only
City Council Agenda
Staff Report
Date: May 26, 2015
Staff Contact: Maurice Schwanke
Exhibits: Attached
Resolution granting a special event application submitted by Karen Ahrens, owner of
Daddy Rex's Twisted Barbeque, concerning the request to have "Summer Nights Concert
Series" on Thursday's from 5:00 p.m. to 9:00 p.m. starting June 4 —July 30, 2015 located
on Interurban Street (4th Street to alley between 4th and 5th Street),
SUMMARY:
The City has received a special event permit application for the request to have a
"Summer Night Concert Series" on Thursday's from 5:00 p.m. to 9:00 p.m. starting June
4th — July 30th, 2015, The location for this event will be on Interurban Street (4th Street to
alley between 4th and 5th Street). All property owners in the general area that could be
contacted have indicated that they are in support of the events. A total of nine events
could occur during the June 41h to July 301h, time frame. Interurban Street at this location
will be closed down for the events. A "block Street" application has been submitted for
this event requesting to close off Interurban Street (4th Street to alley between 4th and 5th
Street) that will go to the Anna Police Department/Planning and Development
Department for approval.
The Parl< Board recommended approval of the special event request at their May 18, 2015
meeting. The vote was unanimous.
STAFF RECOMMENDATION:
Approval of resolution.
CITY OF ANNA, TEXAS
Item No. 7h
City Secretary's use only
City Council Agenda
Staff Report
Date:
Staff Contact:
Exhibits:
May 26, 2015
Joseph Johnson
Attached
AGENDA SUBJECT:
TxCDBG Civil Rights and Equal Opportunity Resolutions:
• Section 3 Contractor Locality Local Opportunity Resolution and Plan
• Excessive Force Resolution and Plan
• Section 504 Grievance Procedure Resolution and Plan
• Fair Housing Resolution
SUMMARY:
All grantees of Texas Community Development Blocl< Grant funds are required to
demonstrate compliance with the Civil Rights requirements of Title I of the Housing and
Community Development Act and the Fair Housing Law. These requirements include:
• Taking steps to ensure that equal opportunities are afforded to all persons and
that no person shall be excluded or denied program benefits on the basis of race,
color, religion, sex, national origin, age.
• Taking steps to provide opportunities, to the greatest extent feasible, to Section
3 residents and business concerns in employment, training, and contracting.
• Taking affirmative steps to assure minority and female -owned businesses are
informed of grant funded contracts.
• Prohibiting the use of Excessive Force against individuals engaged in non-violent
Civil Rights demonstrations.
• Prohibiting discrimination on the basis of disability.
• Taking steps to Affirmatively Further Fair Housing (AFFH).
• Taking steps to assure meaningful access for persons with "Limited English
Proficiency," (LEP).
The resolutions and related plans attached as exhibits address all of these requirements
to ensure that the City remains in compliance with the 2014 TxCDBG program grant.
STAFF RECOMMENDATION:
Staff requests that the Council approve all resolutions related to this subject.
i
CITY OF ANNA, TEXAS
Item NO. 8
City Secretary's use only
City Council Agenda
Staff Report
Date:
Staff Contact:
Exhibits:
5/26/15
Joseph Johnson
None
AGENDA SUBJECT:
Public Hearing: For City Council to hear public comment regarding TxCDBG Civil Rights
and Equal Opportunity: Policy of Nondiscrimination on the basis of handicapped status.
SUMMARY:
All grantees of Texas Community Development Blocl< Grant funds are required to
demonstrate compliance with the Civil Rights requirements of Title I of the Housing and
Community Development Act and the Fair Housing Law. These requirements include
holding a public hearing to elicit input from the residents of Anna regarding the City's
policy of nondiscrimination on the basis of handicapped status. The City of Anna does
not discriminate on the basis of color, national origin, sex, religion, age and handicapped
status in employment or the provision of services.
STAFF RECOMMENDATION:
Staff requests that the Council hold this public hearing to allow for citizen input.
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NO
�
CITY OF ANNA, TEXAS
Item No. 9a&b
City Secretary's use only
City Council Agenda
Staff Report
Date:
Staff Contact:
Exhibits:
Yes
05/26/15
Maurice Schwanke
AGENDA SUBJECT:
Public Hearing: For City Council to hear public comment regarding the proposed rezoning
of The Villages of Hurricane Creek from "PD" — single family residential to "PD" — single
family residential.
SUMMARY:
This zoning submittal consists of approximately 368.2 total acres of land within the City
of Anna. The uses proposed for this Property follow the intent of the City of Anna
Comprehensive Plan. The proposal creates a master planned community featuring a
mixture of lot sizes that should encourage sustainable neighborhoods. The following table
summarizes the proposed lot sizes and densities:
LAND USE SUMMARY
USE
ACREAGE+/.
SF LOTS
SF DENSITY
(UNITS/ACRE)
PERCENTAGE
SINGLE FAMILY RESIDENTIAL-50% MAXIMUM LOTCOVERAGE
70' x 120' LOTS
84.07
365
4.34
51.4%
80' x 120' LOTS
45.32
185
4.08
27.7%
90' x 120' LOTS
14.61
55
3.76
8.9%
100' x 150' LOTS
19.70
49
2.49
12.0%
TOTAL
163.7
654
4.00
44.5
OPEN SPACE
148.7
40.4%
FIRE STATION
2.5
03
AMENITY CENTER
2.0
0.5%
ROW DEDICATION
51.3
13.9%
TOTAL
368.2
654
1.76 GROSS
100.0%
This PD will replace the existing small lot entitlements with the smallest lot being 8,400
square feet. Also proposed in this PD are integrated parks and open spaces which will help
to preserve areas designated within the 100-year floodplain. A fire station location is
being planned for incorporation into the development as well as an amenity center.
The Planning and Zoning recommended approval of the zoning request at their
September 8, 2014. The vote was unanimous.
A public hearing was opened and continued at the City Council.
The property is scheduled to close on May 26. Therefore, action can occur on May 26.
STAFF RECOMMENDATION: Approval of the requested zoning change.
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CITY OF ANNA, TEXAS
Item No. Iva&b
City Secretary's use only
City Council Agenda
Staff Report
Date: 05/26/15
Staff Contact: Maurice Schwanke
Exhibits: Attached
AGENDA SUBJECT: a) Public Hearing: To consider public comments on a request by
Mixon Realty Co, owner(s) of property, requesting a zoning change from (SFE) Single
Family Estate to (C1) Restricted Commercial zoning on approximate 32,991 acres of land.
The subject property is generally located east of County Road 286 and west of U.S. Hwy
75.
(b) Consider/Discuss/Action regarding adopting an ordinance approving the requested
zoning change to (Cl) Restricted Commercial zoning on approximate 32,991 acres of land.
SUMMARY: This requested rezoning of property is generally located east of County Road
286 and west of U. S. 75 and south of West White Street. Property owners within 200 ft.
of the area were notified of the zoning request. This property was recently annexed into
the City of Anna. When property is annexed into the City the property is automatically
zoned as SF-E which is considered as a temporary zoning until such time as permanent
zoning is established. The requested zoning is in keeping with the "Comprehensive Plan"
as the Plan shows the property to be split between commercial and employment center.
The owner(s) of the property are requesting the change from Single Family Estate to
Restricted Commercial (Cl) zoning.
The Planning and Zoning Commission recommended approval of the zoning request at
their lay 4, 2015 meeting. The vote was unanimous.
f ICJ' 7
$TAPE RECOMMENDATION: Approval of zoning ordinance
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CITY OF ANNA, TEXAS
Item No. 12
City Secretary's use only
City Council Agenda
Staff Report
Date:
Staff Contact:
Exhibits:
May 26, 2015
City Manager
AGENDA SUBJECT:
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:
SUMMARY:
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); discussion regarding changes in state law regarding land use,
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 municipal facilities;
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.
ST F RECOMMENDATION:
Lovaio 10,0
tb&�-
�^-
Y OF ANNA, TEXAS
o
AGENDA SUBJECT:
Consider/Discuss/Action on any
Workshop Session or any closed
necessary.
SUMMARY:
STAFF RECOM NDATION:
S(A If K
Item NO. 13
City Secretary's use only
City Council Agenda
Staff Report
Date:
Staff Contact:
Exhibits:
May 26, 2015
City Manager
N/A
items
listed on posted agenda for May 26, 2015
session occurring during this Regular Meeting, as
CITY OF ANNA, TEXAS
AGENDA allDJrk.1:
Adjourn
SUMMARY:
STAFF RECOMMENDATION:
Staff recommends a motion to adjourn.
leAX
Item No. 14
City Secretary's use only
City Council Agenda
Staff Report
Date:
Staff Contact:
Exhibits:
May 26, 2015
City Manager
N/A
CITY OF ANNA, TEXAS
Item No. 11
City Secretary's use only
City Council Agenda
Staff Report
Date: May 26, 2015
Staff Contact: Joseph Johnson
Exhibits: None.
AGENDA SUBJECT:
Briefing/Discussion regarding to storm water management practices.
SUMMARY:
In light of the recent heavy rains, staff has met with our engineering consultant and our
building inspection consultant to assess current standards and processes utilized for plan
review and approval. Additionally we have reviewed causes and potential solutions for
several drainage issues that have recently become apparent. Our engineering consultant
is present to update Council and staff on standard design review practices and standards.
Our building inspection consultant is also present to review practices and procedures for
grading inspection during home construction prior to a final certificate of occupancy being
issued.
STAFF RECOMMENDATION:
This item is a briefing/discussion_ item only. No action for this item.
� - + 10yo V
CITY COUNCIL, MEETIl\tG
SIGN IN SI�[EET
DATE: s laLl 15
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