HomeMy WebLinkAboutCCmin2019-08-27ANNACITYCOUNCIL
MINUTES
WORK SESSION
August 27, 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 Reeves was absent.
Council Member Reeves arrived during Closed Session.
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). Legal review and consultation regarding City Home
Rule Charter provisions, hiring and personnel policies and practices and
related matters. Impact fee and development fee issues.
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.
Incentive agreements and related proposals.
MOTION: Council Member Miller moved to enter Closed Session. Council
Member Beazley seconded. Motion carried 6-0.
Mayor Pike recessed the meeting into closed session at 6:30 p.m.
Mayor Pike reconvened the meeting at 7:08 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.
No action.
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 Carrie L. Smith
Approved n e e tember 10, 2019..
Mayor Nate Pike
ANNA CITY COUNCIL
MINUTES
REGULAR SESSION
August 27, 2019
1. Call to Order/Roll Call and Establishment of Quorum
Mayor Pike called the meeting to order at 7:08 p.m.
All members were present.
2. Invocation and Pledge of Allegiance.
Mayor Pike led the invocation and 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.
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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. Battle of the Badges Blood Drive Recognition by Greater Anna Chamber of
Commerce. (GACC)
The Fire Department won the First Annual blood drive, 37-29.
5. Consent Items.
These items consist of non -controversial or "housekeeping" items required by
law. Items maybe considered individually by any Council member making such
request prior to a motion and vote on the Consent Items.
Consent Item b. was removed from consent.
a. Approve Council Meeting minutes for August 13, 2019. (City Secretary Carrie
Smith)
b. Approve a Resolution Authorizing Representation in I RS Matter and
Delegating Authority (Finance Director Dana Thornhill)
TML IEBP was required to file forms 1094-B and 1095-B with the IRS
regarding health insurance coverage provided to the Pool group employees.
Form 1094-B and 1095-B (the "B"Forms) are required to be filed by the
health insurance issuers and carriers to report information to the IRS and
employees regarding provision of the minimum essential coverage under the
Affordable Care Act. A separate 1095-B is filed for each employee with the
RS, and a copy is provided to the employee. Form 1094-B reports summary
information for the issuer/carrier and transmits the Forms 1095-B to the I RS.
TML IEBP has timely filed "B" Forms as an "issuer" of coverage each year
since 2015 and provided copies to all Pool groups' employees.
Forms 1094-C and 1095-C (the "C Forms) are required to be filed by
employers with more than 50 full-time employees to report information to the
IRS about offer of health insurance coverage to its employees. As with the
"B" Forms, a separate 1095-C is filed for each Pool Member employee with
the IRS, and a copy is provided to the employee. Form 1094-C reports
summary information and transmits the Form 1095-C to the IRS. The "C"
Forms are used to determine if the employer is required to make the
employer share responsibility payment under 4980H of A.C.A. and the
eligibility of employees for a "premium tax credit". TML IEBP filed "C" forms
for 2015 for all members based on the number of employees enrolled in the
plan. However, due to an administrative error, TML I EBP did not file the forms
for tax years 2016 or 2017 until the Fall of 2018.
The Board of Trustees of the Pool has agreed to resolve any proposed
imposition of penalties and fines by the IRS for the late filing of the Tax
Forms on behalf of all affected members of the Pool, including the City of
Anna. The Pool has engaged the law firm of Mitchell, Williams, Selig, Gates
& Woodyard, PLLC ("Mitchell Williams") to represent the Pool and its
members before the I RS with respect to any penalties, and the Pool shall be
solely responsible for all communication with and payment of Mitchell
Williams with regard to such matter. In order for Mitchell Williams and its
attorneys to communicate with the IRS regarding any proposed penalties to
be assessed against the City of Anna an authorized official of the City of Anna
must execute a Form 2848 IRS Power of Attorney authorizing the attorneys
to represent the City of Anna before the I RS.
A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING
REPRESENTATION IN IRS MATTER AND DELEGATING AUTHORITY
TO EXECUTE FORM 2848 IRS POWER OF ATTORNEY
MOTION: Council Member Miller moved to approve. Mayor Pike
seconded. Motion carried 7-0.
c. Approve a Resolution approving a negotiated settlement between the Atmos
Cities Steering Committee and Atmos Energy Corp. (City Manager Jim
Proce)
The City is a member of the Atmos Cities Steering Committee ("ACSC"), a
coalition of similarly -situated cities served by Atmos Mid -Tex ("ACSC Cities")
that have joined together to facilitate the review of, and response to, natural
gas issues affecting rates charged in the Atmos Mid -Tex service area. ACSC
and the Company worked collaboratively to develop a new Rate Review
Mechanism ("RRM") tariff that allows for an expedited rate review process by
ACSC Cities as a substitute to the Gas Reliability Infrastructure Program
("G RIP") process instituted by the Legislature, and that will establish rates for
the ACSC Cities based on the system -wide cost of serving the Atmos Mid -
Tex Division. The current RRM tariff was adopted by the City in a rate
resolution in 2018. On about April 1, 2019, Atmos Mid -Tex filed its 2019
RRM rate request with ACSC Cities based on a test year ending December
31, 2018. ACSC coordinated its review of the Atmos Mid -Tex 2019 RRM
filing through its Executive Committee, assisted by ACSC's attorneys and
consultants, to resolve issues identified in the Company's RRM filing. The
Executive Committee, as well as ACSC's counsel and consultants,
recommend that ACSC Cities approve an increase in base rates for Atmos
Mid -Tex of $35.4 million applicable to ACSC Cities. The attached tariffs
(Exhibit A) implementing new rates are consistent with the recommendation of
the ACSC Executive Committee, are agreed to by the Company, and are just,
reasonable, and in the public interest. The settlement agreement sets a new
benchmark for pensions and retiree medical benefits (Exhibit B). The
settlement agreement establishes an amortization schedule for regulatory
liability (Exhibit C). The RRM Tariff contemplates reimbursement of ACSC's
reasonable expenses associated with RRM applications.
The City Attorney has reviewed the documents as to form and the City
Managers is recommending approval of the Steering Committee
recommendations as the ability to negotiate these terms could not have been
achieved individually.
The City during its membership in the Steering Committee has placed its
reliance on the legal advice provided by the Committee's legal counsel — on
that basis The City Attorney is willing to sign off as to form on the ordinance
as staff is satisfied with the substance of the settlement.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA,
TEXAS, APPROVING A NEGOTIATED SETTLEMENT BETWEEN THE
ATMOS CITIES STEERING COMMITTEE ("ACSC") AND ATMOS
ENERGY CORP., MID-TEX DIVISION REGARDING THE COMPANY'S
2019 RATE REVIEW MECHANISM FILING; DECLARING EXISTING
RATES TO BE UNREASONABLE; ADOPTING TARIFFS THAT
REFLECT RATE ADJUSTMENTS CONSISTENT WITH THE
NEGOTIATED SETTLEMENT; FINDING THE RATES TO BE SET BY
THE ATTACHED SETTLEMENT TARIFFS TO BE JUST AND
REASONABLE AND IN THE PUBLIC INTEREST; APPROVING AN
ATTACHED EXHIBIT ESTABLISHING A BENCHMARK FOR
PENSIONS AND RETIREE MEDICAL BENEFITS; APPROVING AN
ATTACHED EXHIBIT REGARDING AMORTIZATION OF
REGULATORY LIABILITY, REQUIRING THE COMPANY TO
REIMBURSE ACSC'S REASONABLE RATE MAKING EXPENSES;
DETERMINING THAT THIS RESOLUTION WAS PASSED IN
ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN
MEETINGS ACT; ADOPTING A SAVINGS CLAUSE; DECLARING AN
EFFECTIVE DATE; AND REQUIRING DELIVERY OF THIS
RESOLUTION TO THE COMPANY AND THE ACSC'S LEGAL
COUNSEL.
d. Approve a Resolution for a special event permit to Pam Carroll with Camp
Gladiator for a Taco Trot Fun Run on September 7, 2019. (Ashley Stathatos)
Pam Carroll with Camp Gladiator would like to put on a Taco Trot Family Fun
run at Brookshire's and Natural Springs Park. The event will be held on
September 7, 2019 from 7:30 am to 10:30 am. The Taco Trot route starts at
Brookshire's, goes through Natural Springs Park and Lakeview Park, around
Lakeview Estates and down Ferguson Parkway back to the grocery store.
The route is all on hike and bike trails and sidewalks. There is no reason for
runners and walkers to be on any roadways. It is a free family fun run and will
have table set-ups, food cooked at restaurants off-site and music. Pam
Carroll has received permission from Brookshire's to use their parking lot for
the event.
RESOLUTION REGARDING THE APPROVAL OF A SPECIAL EVENT
PERMIT TO PAM CARROLL WITH CAMP GLADIATOR FOR A TACO
TROT FAMILY FUN RUN AT NATURAL SPRINGS PARK AND
LAKEVI EW PARK.
e. Approve a Resolution authorizing a special event permit to Nate Goodell for
the Emmitt Smith Gran Fondo cycling event on September 14, 2019. (Ashley
Stathatos)
The Emmitt Smith Gran Fondo 94 -mile cycling event is coming through Anna
on September 14, 2019. The event is from 6:00 am through 11:00 am.
Cyclists ride through several area cities and will be in Anna late morning time
frame. They do not ride in heavily trafficked areas and stay East of S H 5 and
in the Westminster area the majority of their time in Anna. There will be
approximately 300 riders spread out over an hour and a half time period. One
rest stop will be provided in Anna for the riders to use the facilities and get
some hydration.
RESOLUTION REGARDING THE APPROVAL OF A SPECIAL EVENT
PERMIT TO NATE GOODELL FOR THE EMMITT SMITH GRAN
FONDO CYCLING EVENT.
MOTION: Council Member Beazley moved to approve Consent Items a, c, d and
e. Council Member Bryan seconded. Motion carried 7-0.
6. Consider/Discuss/Action on a Resolution Amending the Dates and Times
for the Public Hearing on the Tax Rate (Finance Director Dana Thornhill)
On August 13, 2019, Council approved resolution 2019-08-603 naming the
maximum tax rate and setting the dates and times for the public hearings on the tax
rate. The City is then required to place a publication in the newspaper in order to
notify citizens of the proposed tax rate and the dates and time of the public
hearings. The City advised the County of the proposed tax rate and dates and
times on the public hearings. The County then works with the Anna Melissa Tribune
to ensure that the publication is correctly placed. As per the Tax Code Section
26.06, the hearings cannot occur sooner than 7 days after the date of the
publication.
Due to the publication being inadvertently omitted on the part of the newspaper (the
Anna Melissa Tribune) on the requested date of publication, August 15th, the City
will need to amend and reset the dates and times of the Public Hearings on the Tax
Rate. The publication was later published by the newspaper on August 22nd.
The new proposed dates and times for the public hearings will be as follows:
September 3, 2019 at 6:30 P.M. -1 st Public Hearing on the Budget
September 10, 2019 at 7:30 P.M. - 2nd Public Hearing on the Budget
A RESOLUTION OF THE CITY OF ANNA, TEXAS AMENDING
RESOLUTION NO. 2019-08- 603 SETTING THE DATES AND TIMES FOR
PUBLIC HEARINGS ON THE 2019 TAX RATE
MOTION: Council Member Bryan moved to approve. Council Member Vollmer
seconded. Motion carried 7-0.
7. Consider/Discuss/Action on a Resolution of approving and authorizing the
City Manager to Execute an Agreement with Birkhoff, Hendricks & Carter
LLP for preliminary and final engineering services for Capital Sewer
Expansion. (Public Works Director Greg Peters)
The Hurricane Creek Regional Sanitary Sewer expansion project includes more
than 48,000 linear feet of sanitary sewer improvements across multiple phases,
which are required to provide City sewer to development projects west of US 75 in
the City of Anna. The project is included in the City's Wastewater Collection
System Master Plan and is a critical component to the long-term growth of the
community. This agenda item authorizes the funding of engineering design, land
surveying, and construction administration services required to construct the first
two phases of the project, known as Task A and Task B. Also included are the
engineering and land surveying services required to begin the preliminary design
and easement acquisition process for Task C.
At the June 26, 2018 City Council Meeting, the City Council approved resolution
2018-06-456 authorizing the preliminary engineering and land surveying work
required to begin the easement acquisition process related to the first two phases
of the Hurricane Creek Regional Sanitary Sewer expansion project, known as Task
A and Task B.
On July 2, 2018, the Interim City Manager executed a General Engineering
Services Task Order with Birkhoff Hendricks & Carter, L.L.P. which included the
engineering services approved by the City Council in June, along with a formal
scope full surveying, design, and construction administration services required for
the full build -out of the Hurricane Creek Regional Sanitary Sewer project. This
scope was broken down into individual tasks, each of which require City Council
authorization prior to beginning work. The Task Order is attached as Exhibit A.
The preliminary engineering and surveying is complete, and the necessary
easement documents have been prepared.
The City is currently negotiating the purchase of the necessary easements, and is
ready to move forward with final engineering and construction administration for
Task A and Task B. The construction of the sewer system included in Task A and
Task B is critical to the development of Hurricane Creek, which the developer is
currently moving forward towards final plans and construction.
Task C includes the western expansion of the Hurricane Creek Regional Sanitary
Sewer project, and is a critical component for future development of Oak Ridge.
Staff is recommending that Birkhoff, Hendricks & Carter be authorized to complete
the work required within Task C to allow for the setting of the project alignment and
the acquisition of easements so that the City is ready to move forward when the
Oak Ridge developer begins the formal planning, zoning, and engineering
processes required for development.
Attached Exhibit B - Project Details and Map provides additional information
regarding the project scope, cost, and a map for reference. The total cost to fund
the proposed work in Task A, B, and C is $567,760.00. The proposed funding
source is Sanitary Sewer Impact Fees.
This agenda item authorizes the funding of engineering design, land surveying, and
construction administration services required to construct the first two phases of the
Hurricane Creek Regional Sanitary Sewer expansion project, known as Task A and
Task B. Also included are the engineering and land surveying services required to
begin the preliminary design and easement acquisition process for Task C.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND
AUTHORIZING THE CITY MANAGER TO FUND PRELIMINARYAND FINAL
ENGINEERING SERVICES, AS IDENTIFIED IN THE EXECUTED TASK
ORDER BYAND BETWEEN THE CITY OF ANNA, TEXAS AND BIRKHOFF,
HENDRICKS & CARTER, LLP, FOR THE HURRICANE CREEK REGIONAL
SEWER PROJECT IN AN AMOUNT NOT TO EXCEED FIVE HUNDRED
SIXTY SEVEN THOUSAND SEVEN HUNDRED SIXTY DOLLARS AND
ZERO CENTS ($567,760.00), AS SHOWN IN EXHIBIT "A" ATTACHED
HERETO, AND PROVIDING FOR AN EFFECTIVE DATE.
MOTION: Council Member Bryan moved to approve. Council Member Toten
seconded. Motion carried 7-0.
8. 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
t h e 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). Legal review and consultation regarding City Home Rule Charter
provisions, hiring and personnel policies and practices and related matters. Impact
fee and development fee issues.
b. Discuss or deliberate the purchase, exchange, lease, or value of real property
(Tex. Gov't Code §551.072)
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. Incentive agreements and related proposals.
MOTION: Council Member Bryan moved to enter closed session. Council
Member Beazley seconded. Motion carried 7-0.
Mayor Pike recessed the meeting at 7:31 p.m.
Mayor Pike reconvened the meeting at 10:45 p.m.
9. Consider/Discuss/Action on any items listed on the posted agenda or any
closed session occurring during this meeting, as necessary
None.
10. Adjourn.
Mayor Pike adjourned the meeting at 10:46 p.m.
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City Secretary Carrie L. Smith
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Mayor Nate Pike