Loading...
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. f ltJ!1=1i7 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. ►f06M12 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. ``1111111111111!/ffff'' OF AlV,y%,,,, ATTEST: �fiif,,nunlllaall� City Secretary Carrie L. Smith Approved on h Sep er 10, 2019. d G� Mayor Nate Pike