203 STATE OF TEXAS COUNTY OF BURNET CITY OF MARBLE FALLS On this 7th day of January 2025, the City Council convened in regular session at 6:00 pm in the City Hall Council Chambers located at 800 Third Street, Marble Falls, with notice of meeting giving time, place, date, and subject having been posted as described in Chapter 551 of the Texas Government Code. PRESENT: Dave Rhodes Mayor Craig Magerkurth Mayor Pro-Tem Lauren Haltom Councilmember Karlee Hubble Councilmember Griff Morris Councilmember ABSENT: Bryan Walker Councilmember Richard Westerman Councimember STAFF: Caleb Kraenzel Deputy City Manager Russell Sander Assistant City Manager Christina McDonald City Secretary Josh Brockman-Weber City Attorney Jeff Lazenby Finance Director Jeff Prato City Engineer Kim Foutz Director of Development Services Scarlet Moreno Assistant Director of Development Service Hanna Kadow Development Services Coordinator Jeremy Qualls Building Official Glenn Hanson Police Chief Tommy Crane Fire Chief Coy Guenter Assistant Fire Chief Jeff Beltran Fire Captain Tim Pierce Firefighter Jordan Thomas Fire Driver/Engineer Angel Alvarado Human Resources Director Christian Fletcher EDC Executive Director Jay Everett Assistant Director of Public Works VISITORS: Raymond Whelan (The Highlander), Dakota Morrissiey (Daily Trib), Buddy and Cherie Miller 1. CALL TO ORDER AND ANNOUNCE QUORUM IS PRESENT. Mayor Rhodes called the meeting to order at 6:00 pm and announced the presence of a quorum. January 7, 2025 Meeting Page 1 of 4 204 2. INVOCATION. Mayor Rhodes gave the invocation. 3. PLEDGE OF ALLEGIANCE TO THE UNITED STATES ' FLAG AND THE TEXAS FLAG. Mayor Pro- Tem Magerkurth led the pledges. 4. UPDATES, PRESENTATIONS, PROCLAMATIONS AND RECOGNITIONS Update from Fire Rescue. Jeff Beltran provided the update. 5. CITIZEN COMMENTS. There were no citizen comments. 6. CONSENT AGENDA. (a) Approval of the minutes of the December 3, 2024 regular meeting and the December 19, 2024 special meeting. (b) Approval of an Escrow and Improvement Agreement for street improvements with Heritage Oaks Holdings, LLC for property municipally addressed as 411 12th Street Marble Falls, Texas. Mayor Pro-Tem Magerkurth moved to approve the consent agenda. Councilmember Haltom seconded the motion. The motion carried by a vote of 5-0. 7. REGULAR AGENDA. (a) Discussion and Action on the approval of Resolution 2025-R-01A denying the increase in rates proposed by ATMOS Energy Corporation in its Mid-Tex Division filed on about December 16, 2024; authorizing intervention in proceedings related to ATMOS Energy's application to increase rates; authorizing special counsel to represent the City in matters related to ATMOS Energy's proposed increase in rates; directing ATMOS to reimburse rate case expenses; finding that the meeting complies with the Open Meetings Act; making other findings and provisions related to the subject; and declaring an effective date. Christina McDonald, City Secretary, presented the item. Mayor Pro- Tem Magerkurth moved to approve Resolution 2025-R-01A. Councilmember Morris seconded the motion. The resolution was approved by a unanimous vote (5-0). (b) Discussion and Action on the approval of a Professional Services Agreement with TRC Engineers, Inc. in an amount not to exceed $47,642.00 to provide technical and construction phase services for Phase 2 of the Nature Heights Drainage Improvement Grant Project and authorize the City Manager to execute the agreement. Jeff Prato, City Engineer, addressed the Council. Mayor Pro-Tem Magerkurth made a motion to approve the Professional Services Agreement not exceeding $47,642.00 and authorize the City Manager to execute the agreement. Councilmember Morris seconded the motion. The motion carried by a vote of 5-0. January 7, 2025 Meeting Page 2 of 4 205 (c) Discussion and Action on the award of an RFP and approval of a Professional Services Agreement with Langford Community Management Services (LCMS) for the administration and management of Phase 2 of the City's grant award from the Texas Division of Emergency Management (TDEM) for the Nature Heights Drainage Improvement Project in an amount not to exceed $97,861.11 and authorize the City Manager to execute all documents. Jeff Prato, City Engineer, addressed the Council. Mayor Pro-Tem Magerkurth motioned to award the RFP and approve the Professional Services Agreement with Langford Community Management Services in an amount not exceeding $97,861.11 and authorize the City Manager to execute the agreement. Councilmember Hubble seconded the motion. The motion carried by a vote of5-0. 8. CITY MANAGER'S REPORT. No report was provided. 9. EXECUTIVE SESSION CLOSE OPEN SESSION AND CONVENE EXECUTIVE SESSION Pursuant to $551.071 (Private Consultation between the Council and its Attorney) and Pursuant to $551.072 (Deliberation Regarding the Purchase, Exchange, Lease or Value of Real Property) of the Open Meetings Act. Tex. Gov't Code, Council will meet in Executive Session to discuss the following: Consultation with City Attorney regarding Onsite Partners LOI 6:36 pm Council convened to Executive Session 6:46 pm Council returned to Open Session 10. RECONVENE INTO OPEN SESSION FOR POSSIBLE ACTION RESULTING FROM ITEMS DISCUSSED IN EXECUTIVE SESSION. As discussed in the Executive Session, Mayor Pro-Tem Magerkurth motioned to authorize the City Manager to sign Amendment No. 3 with AEP Onsite Partners. Councilmember Hubble seconded the motion. The motion carried by a unanimous vote (5-0). 11. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS. The draft agenda for the January 21 regular meeting was reviewed. 12. ADJOURNMENT. There being no further business to discuss, Councilmember Hubble moved to adjourn. Councilmember Morris seconded the motion. The meeting was adjourned at 6:52 pm. Dave Rhodes, Mayor January 7, 2025 Meeting Page 3 of 4 206 ATTEST: Chiekna Helona K - Christina McDonald, TRMC City Secretary - January 7, 2025 Meeting Page 4 of4