HomeMy WebLinkAbout2020 0407CITY OF THE COLONY
CITY COUNCIL AGENDA
TUESDAY, APRIL 7, 2020
6:30 PM
TO ALL INTERESTED PERSONS
Notice is hereby given of a REGULAR SESSION of the CITY COUNCIL of the City of The Colony,
Texas to be held at 6:30 PM on TUESDAY, APRIL 7, 2020 at CITY HALL and via VIDEO
CONFERENCE, 6800 MAIN ST., THE COLONY, TX, at which time the following items will be
addressed:
1 ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS
1.1 Call to Order
1.2 Invocation
1.3 Pledge of Allegiance to the United States Flag
1.4 Salute to the Texas Flag
1.5 Items of Community Interest
2 CITIZEN INPUT
This portion of the meeting is to allow up to five (5) minutes per speaker with a maximum of
thirty (30) minutes for items not posted on the current agenda. The council may not discuss these
items, but may respond with factual data or policy information, or place the item on a future
agenda. Those wishing to speak shall submit a Request Form to the City Secretary.
3 WORK SESSION
The Work Session is for the purpose of exchanging information regarding public business or
policy. No action is taken on Work Session items. Citizen input will not be heard during this
portion of the agenda.
3.1 Discuss Public Information Requests Quarterly Report as presented for Council review. (Council)
3.2 Council to provide direction to staff regarding future agenda items. (Council)
4 CONSENT AGENDA
The Consent Agenda contains items which are routine in nature and will be acted upon in one
motion. Items may be removed from this agenda for separate discussion by a Council member.
4.1 Consider approving City Council Regular Session meeting minutes for March 3, 2020 and Special
Session meeting minutes for March 23, 2020. (Stewart)
4.2 Consider approving a resolution authorizing the City Manager to reject all bids received for Master Lift
Station No. 1 Flow Meter Construction Project and reallocate construction funds in the amount of
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REGULAR SESSION of the CITY COUNCIL Agenda
Meeting Date: 04/07/2020
Page - 2
$290,054 to address other needed City projects. (Groeschel)
4.3 Consider approving a resolution authorizing the City Manager to execute funding for Engineering
Services for Phase 2A – Dewatering to Phase 2B Permitting by approving Stewart Creek WWTP
Expansion Phase 2A – Amendment No. 1 – Expansion 2B Permitting in the amount of $129,869.00.
(Groeschel)
4.4 Consider approving a resolution authorizing the City Manager to execute a purchase order to F&F
Concrete in the amount of $266,014.00 with unit pricing reflected in bid 90-18-17 for the reconstruction
of the Truitt/Treese alleyway. (Groeschel)
4.5 Consider approving a resolution authorizing the City Manager to execute a Construction Services
Contract in the amount of $1,533,288.83 with Reliable Paving, Inc. for the Eastvale Asphalt Street
Reconstruction Project. (Hartline)
4.6 Consider an ordinance regarding a Site Plan application for a proposed substation referred to as the
Brazos Electric Josey Substation on an approximately 5.59-acre tract of land located north and east of
the northeast intersection of Plano Parkway and Windhaven Parkway, within the Planned Development
22 (PD-22) Zoning District. (Williams)
4.7 Consider approving and accepting the Police Department Annual Traffic Stop Report. (Coulon)
4.8 Consider approving an ordinance declaring a local state of disaster due to a public health emergency
(COVID-19) making findings related thereto; providing a penalty of a fine not to exceed One Thousand
Dollars ($1,000) or confinement in jail for a term that exceeds 180 days, in accordance with section
418.173 of the Texas Government Code. (Coulon)
4.9 Consider approving an ordinance amending Chapter 7, Article II, of the Code of Ordinances, entitled
“Emergency Management” by amending Section 7-37, entitled “Authority for enforcement; penalty” by
providing for penalty and enforcement during declared disasters. (Coulon)
5 REGULAR AGENDA ITEMS
6 EXECUTIVE SESSION
7 EXECUTIVE SESSION ACTION
EXECUTIVE SESSION NOTICE
Pursuant to the Texas Open Meeting Act, Government Code Chapter 551 one or more of the
above items may be considered in executive session closed to the public, including but not limited
to consultation with attorney pursuant to Texas Government Code Section 551.071 arising out of
the attorney’s ethical duty to advise the city concerning legal issues arising from an agenda item.
Any decision held on such matter will be taken or conducted in open session following the
conclusion of the executive session.
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REGULAR SESSION of the CITY COUNCIL Agenda
Meeting Date: 04/07/2020
Page - 3
ADJOURNMENT
Persons with disabilities who plan to attend this meeting who may need auxiliary aids such as
interpreters for persons who are deaf or hearing impaired, readers or, large print are requested to
contact the City Secretary’s Office, at 972-624-3105 at least two (2) working days prior to the
meeting so that appropriate arrangements can be made.
CERTIFICATION
I hereby certify that above notice of meeting was posted outside the front door of City Hall by
5:00 p.m. on the ___ day of __________, 2017.
____________________________________
Tina Stewart, TRMC, City Secretary
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Agenda Item No:3.1
CITY COUNCIL Agenda Item Report
Meeting Date: April 7, 2020
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Discussion
Agenda Section:
Subject:
Discuss Public Information Requests Quarterly Report as presented for Council review. (Council)
Suggested Action:
Attachments:
2020 Public Info Request Log.pdf
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Request # Date Rec'd Date Due Date Closed Name of Requestor Rec'd via Document Requested Department Responsible Notes Fee 2001‐01 1/2/20201/16/20202/3/2020 Rosario Polivio O Water Shut Off List Cust Svcs 1/2/20‐Sent 30 Day Letter2001‐02 1/2/20201/16/20201/2/2020 Ryan Autery O Certificates of Occupancy Cust Svcs2001‐03 1/2/20201/16/20201/2/2020 Suma Sureshchandra O Permit Information Cust Svcs2001‐04 1/2/20201/16/20201/2/2020 Leslie Rodriguez E DSC List MC2001‐05 1/2/20201/16/20201/2/2020 Paige Grass (Comedy Driving) O DSC List MC2001‐06 1/2/20201/16/20201/6/2020 Carole Bartholomew O Permit Information Cust Svcs 2001‐07 1/3/20191/17/20201/3/2020 Jez DeLeon E Code Violations List CI2001‐08 1/3/20191/17/20202/3/2020 Jez DeLeon E Water Shut Off List Cust Svcs 1/3/20‐Sent 30 Day Letter2001‐09 1/3/20191/17/20201/3/2020 Chris Parrott O Permit Information Cust Svcs2001‐10 1/3/20191/17/20201/22/2020 Nicole Kelley O Water Shut Off List Cust Svcs Received via PDRecevied 1/16/20 ‐ $27.002001‐11 1/3/20191/17/20201/7/2020 Jan Duron O Fire Damaged Properties FD2001‐12 1/3/20191/17/20201/3/2020 Alexandra Stokes O Vacant Homes List Received via PD2001‐13 1/3/20191/17/20201/6/2020 Josh Tyler E December DDS ‐ 3 Report MC2001‐14 1/6/2020 1/21/2020 1/7/2020 Jan Duron O Fire Damaged Properties FD Duplicate of 2001‐112001‐15 1/6/2020 1/21/2020 1/7/2020 Construction Monitor O Permit Information Cust Svcs2001‐16 1/6/2020 1/21/2020 1/7/2020 Zasquia Suntay E Fire Damaged Properties FD
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2001‐17 1/6/2020 1/21/2020 2/6/2020 David Caldwell E Water Shut Off List Cust SvcsReceived two exact request. Only logged the original one. 1/6/20 ‐ Sent 30 day letter.2001‐18 1/6/2020 1/21/2020 1/7/2020 Gracie Dela Cruz O Fire Damaged Properties FD2001‐19 1/6/2020 1/21/2020 1/7/2020 Sandra Nesbitt O Fire Damaged Properties FD2001‐20 1/6/2020 1/21/2020 1/6/2020 Michael Smith O Code Violations List CI2001‐21 1/7/2020 1/22/2020 1/7/2020 Jay Cardenas O Certificates of Occupancy Cust Svcs2001‐22 1/7/2020 1/22/2020 2/7/2020 Jan Duron O Water Shut Off List Cust SvcsNo response to 30 Day Letter. Sent 1/7/202001‐23 1/8/2020 1/23/2020 1/22/2020 Molly McGavick O Zoning and Building/Fire ViolationsCust Svcs/PL/Bldg Insp2001‐24 1/10/2020 1/27/2020 1/28/2020 Melinda Perritano O Police Report PD1/13/20 ‐ PD requested and received clarification. Same day.2001‐25 1/10/2020 1/27/2020 1/10/2020 Robin Davis (HBW Inc) O Permit Information Cust Svcs2001‐26 1/10/2020 1/27/2020 3/12/2020 Cole Fraser O Police Warrant Information PDNo response to PD clarification request. Sent 1/10/20.2001‐27 1/13/2020 1/28/2020 1/13/2020 Construction Monitor O Permit Information Cust Svcs2001‐28 1/13/2020 1/28/2020 1/14/2020 Favour Ita Sunday O Fire Damaged Properties FD2001‐29 1/13/2020 1/28/2020 1/21/2020 Favour Ita Sunday OGarage Sale/Estate Sale Permit Information Cust Svcs2001‐30 1/13/2020 1/28/2020 2/13/2020 Favour Ita Sunday O Water Shut Off List Cust Svcs 1/13/20‐Sent 30 Day Letter2001‐31 1/13/2020 1/28/2020 1/13/2020 Favour Ita Sunday O Code Violations List CI2001‐32 1/13/2020 1/28/2020 1/13/2020 Favour Ita Sunday O Vacant Homes List CI2001‐33 1/13/2020 1/28/2020 1/13/2020 Favour Ita Sunday O Substandard Properties CI
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2001‐34 1/13/2020 1/28/2020 1/21/2020 Jean Woolf (SBA Communications Corp) O New Cell Tower Information Cust Svcs2001‐35 1/14/2020 1/29/2020 1/14/2020 Elsie Thurman O Agenda 11/19/2019 Items CS2001‐36 1/14/2020 1/29/2020 1/23/2020 Abel Law Firm F Arrest Warrant PDFaxed to MC. Forwarded to PD Records.2001‐371/15/2020 1/30/2020 1/15/2020Michele Mandell (District Investments) E PID Information Jeremie2001‐381/15/2020 1/30/2020 1/15/2020Summer Calendine (Town of Little Elm) O Personnel Information HR2001‐391/15/2020 1/30/2020 2/4/2020Zoe Yalcin (SmartProcure) E Purchasing Records Finance2001‐401/15/2020 1/30/2020 1/15/2020 Daniel D'AmicoP Fire Alarm Information Cust Svcs2001‐411/16/2020 1/31/2020 1/16/2020Edward Sampsel O Divorce Information MC MC does not handle divorce cases2001‐421/16/2020 1/31/2020 1/16/2020Alexis D'Elena O Plat Information Planning2001‐431/16/2020 1/31/2020 1/28/2020Steven Good (CBRE) O Environmental AssessmentCust Svcs/CI/EN/Bldg Insp2001‐441/16/2020 1/31/2020 1/16/2020Zachary Flores (Sherman Police Dept.) E Service Call Information FD Direct request through FD2001‐451/16/2020 1/31/2020 1/31/2020Daniel Cramer (Cramer Law Firm) E Case Complaint Information MC Direct request through MC2001‐461/16/2020 1/31/2020 1/31/2020Theron Epp (Terracon) O Environmental AssessmentCust Svcs/CI/EN/Bldg Insp2001‐471/17/2020 2/3/2020 2/18/2020Jacob Dillon O Water Shut Off List Cust SvcsNo response to 30 Day Letter. Sent 1/17/202001‐481/17/2020 2/3/2020 1/23/2020Jacob Dillon O Code Violations List CI2001‐491/17/2020 2/3/2020 2/18/2020Christopher Gilmore O Water Shut Off List Cust SvcsNo response to 30 Day Letter. Sent 1/17/202001‐501/17/2020 2/3/2020 1/21/2020Stephanie Schreiner E City Wide PayrollInformation Finance
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2001‐511/17/2020 2/3/2020 1/17/2020Michael Fraga (Texas CPS) O Arrest Records PD2001‐521/21/2020 2/4/2020 1/21/2020Lisa Hays O Construction PlansCust Svcs/Bldg Ins2001‐531/21/2020 2/4/2020 2/25/2020Homer Haider O Water Shut Off List Cust SvcsNo response to 30 Day Letter. Sent 1/21/202001‐541/21/2020 2/4/2020 1/21/2020Construction Monitor O Permit Information Cust Svcs2001‐551/21/2020 2/4/2020 1/21/2020Ryan Autery O Certificates of Occupancy Cust Svcs2001‐561/21/2020 2/4/2020 1/21/2020Janine Rugas (BuildZoom) E Permit Information Cust Svcs2001‐571/21/2020 2/4/2020 1/23/2020Reign ‐ HBH Data E Code Violations List CI2001‐581/21/2020 2/4/2020 2/25/2020Reign ‐ HBH Data E Water Shut Off List Cust SvcsNo response to 30 Day Letter. Sent 1/21/202001‐591/21/2020 2/4/2020 1/23/2020Sandra Nesbitt O Fire Damaged Properties FD2001‐601/21/2020 2/4/2020 1/23/2020Jan Duron O Fire Damaged Properties FD2001‐611/21/2020 2/4/2020 1/21/2020Sarah Drozd O Permit Information Cust Svcs2001‐621/21/2020 2/4/2020 1/21/2020Collin County Medical Examiners Office E Ambulance Run Sheet FD Direct request through FD2001‐631/21/2020 2/4/2020 1/29/2020Jonathan W. McReynolds O Court Case Information MC2001‐641/21/2020 2/4/2020 1/21/2020James Memmer O Utilities Statements Cust Svcs2001‐651/21/2020 2/4/2020 1/21/2020Brandon Alvarez P Permit Information Cust Svcs2001‐661/22/2020 2/5/2020 1/22/2020Glenn Winningham O DSC List MC2001‐671/22/2020 2/5/2020 2/4/2020Heather Fisher O Arrest Infromation PD
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2001‐681/22/2020 2/5/2020 1/23/2020Matthew Berry O Code Violations List CI2001‐691/22/2020 2/5/2020 1/24/2020Nelja Holmquist O Permit Information Cust Svcs2001‐701/22/2020 2/5/2020 1/22/2020Joseph Roberts P Permit Information Cust Svcs2001‐711/23/2020 2/6/2020 1/27/2020Sandra Meza O Incident Report FD2001‐721/23/2020 2/6/2020 1/23/2020Officer Ginn (Little Elm PD) E Salary Information Finance2001‐731/23/2020 2/6/2020 1/23/2020Records Deposition Services of Texas M Reports for medical information FD Direct request through FD2001‐741/23/2020 2/6/2020 1/23/2020Heather Styne‐Burns (Denton County DA's Office) EMedical Subpoena FD Direct request through FD2001‐751/23/2020 2/6/2020 2/6/2020Kenny Newton (Collin County) O Arrest Warrant PD2001‐761/23/2020 2/6/2020 1/24/2020Velma Hunt P Drainage Study Engineering2001‐771/24/2020 2/7/2020 1/28/2020Cameron Milam O Water Shut Off List Cust Svcs 1/27/20‐Sent 30 Day LetterRecevied 1/28/20 ‐ $27.002001‐781/24/2020 2/7/2020 1/31/2020JT McDonald O Code Violations List CI2001‐791/24/2020 2/7/2020 1/31/2020Tony Rike (TMPA) O Salary Information Finance/HR2001‐801/24/2020 2/7/2020 1/27/2020Construction Monitor O Permit Information Cust Svcs2001‐811/27/2020 2/10/2020 1/31/2020Favour Ita Sunday O Fire Damaged Properties FD2001‐821/27/2020 2/10/2020 1/27/2020Favour Ita Sunday O Permit Information Cust Svcs2001‐831/27/2020 2/10/2020 2/27/2020Favour Ita Sunday O Water Shut Off List Cust SvcsNo response to 30 Day Letter. Sent 1/27/202001‐841/27/2020 2/10/2020 1/28/2020Favour Ita Sunday O Code Violations List CI
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2001‐851/27/2020 2/10/2020 1/27/2020Favour Ita Sunday O Vacant Homes List CI2001‐861/27/2020 2/10/2020 1/28/2020Favour Ita Sunday O Substandard Properties CI2001‐871/27/2020 2/10/2020 2/4/2020Chris Parrott O Plat InformationCust Svcs/Bldg Ins2001‐881/27/2020 2/10/2020 1/23/2020David Ferrer P Certificates of Occupancy Cust Svcs2001‐891/27/2020 2/10/2020 2/27/2020Henry Nguyen E Water Shut Off List Cust SvcsNo response to 30 Day Letter. Sent 1/27/202001‐901/28/2020 2/11/2020 2/28/2020Justin Minikes O Water Shut Off List Cust SvcsNo response to 30 Day Letter. Sent 1/28/202001‐911/28/2020 2/11/2020 2/5/2020Maria Herrera (Dallas County) O Arrest Report PD2001‐921/31/2020 2/14/2020 2/3/2020JD Castillo OCode Violations List & Water Shutoff List Cust Svcs/CINo response to 30 Day Letter. Sent 1/31/20. 2/6/20 ‐ Sent Code List 2001‐931/31/2020 2/14/2020 2/5/2020Beau Burkett E Sign Permit Information PlanningKEYRequest No.: Month, Date, sequential numberManner Received: P = In Person, E = Email, F = Fax, M = Mail, O = OnlineYellow: Requests Pending >10 days (See Notes)Blue: Request completed after 10 business days
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Request # Date Rec'd Date Due Date Closed Name of Requestor Rec'd via Document Requested Department Responsible Notes Fee 2002‐01 2/3/20202/18/20202/3/2020 Construction Monitor O Building Permit Information Cust Svcs2002‐02 2/3/20202/18/20202/6/2020 Jan Duron O Fire Damaged Properties FD2002‐03 2/3/20202/18/20203/3/2020 Jan Duron O Water Shut Off List Cust SvcsNo response to 30 Day Letter. Sent 02/03/20.2002‐04 2/3/20202/18/20202/4/2020Joshua W. Blas-DonleyO Court Records MC2002‐05 2/3/20202/18/20202/6/2020 Leslie Rodriguez E DSC List MC2002‐06 2/3/20202/18/20202/3/2020 Kaylin Gravatt (Colin County Medical Examiners) E Patient Care Record FD Direct request through FD2002‐07 2/3/20202/18/20202/3/2020 Yasser Eleishy P Inspection Report Cust Svcs2002‐08 2/3/20202/18/20202/6/2020 Paige Grass (Comdey Driving) O DSC List MC2002‐09 2/3/20202/18/20202/6/2020 Sandra Nesbitt O Fire Damaged Properties FD2002‐10 2/3/20202/18/20202/4/2020 Jay Cardenas O Certificates of Occupancy Cust Svcs2002‐11 2/3/20202/18/20202/4/2020 Robin Davis (HBW Inc) O Permit Information Cust Svcs2002‐12 2/3/20202/18/20202/4/2020 Chris Parrott O Permit Information Cust Svcs2002‐13 2/3/20202/18/20202/18/2020 Ginou Lewis P Employee Information Finance/HR2002‐14 2/4/20202/19/20202/6/2020 Josh Tyler E DDS List MC2002‐15 2/4/20202/19/20202/6/2020 Gracie Dela Cruz O Fire Damaged Properties FD2002‐16 2/4/20202/19/20202/4/2020 Samuel Ramos O Blueprints Building Insp.2002‐17 2/4/20202/19/20202/4/2020 Carole Bartholomew O Permit Information Cust Svcs2002‐18 2/5/2020 2/20/2020 2/6/2020 Keith Scott O Certificates of Occupancy Cust Svcs
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2002‐19 2/5/2020 2/20/2020 2/6/2020 Glenn Winniingham O DSC List MC2002‐20 2/6/2020 2/21/2020 2/25/2020 Audrey Cauthen O Court Records MC2002‐21 2/6/2020 2/21/2020 2/6/2020 Suma Sureshchandra O Permit Information Cust Svcs2002‐22 2/6/2020 2/21/2020 2/11/2020 Chris Raesz O Court Records MC2002‐23 2/6/2020 2/21/2020 2/13/2020 Maximum Power O Certificates of Occupancy Cust Svcs2002‐24 2/6/2020 2/21/2020 2/13/2020 Tom Morgan O Water Shut Off List Cust Svcs2/6/20‐Sent 30 Day Letter 2/13 ‐ Payment received2002‐25 2/6/2020 2/21/2020 2/6/2020 Angela Eudy O Employee Information HR2002‐26 2/7/2020 2/24/2020 2/10/2020 Veronica Flores O Fire Damaged Properties FD2002‐27 2/7/2020 2/24/2020 3/9/2020 Veronica Flores O Water Shut Off List Cust SvcsNo response to 30 Day Letter. Sent 02/07/20.2002‐28 2/7/2020 2/24/2020 2/7/2020 Randy Powell P Building Permit Information Cust Svcs2002‐29 2/10/2020 2/25/2020 2/10/2020 Alise Lucero O Email Addresses HR2002‐30 2/10/2020 2/25/2020 2/10/2020 Construction Monitor O Permit Information Cust Svcs2002‐31 2/10/2020 2/25/2020 2/10/2020 Zasquia Suntay E Fire Damaged Properties FD2002‐32 2/10/2020 2/25/2020 3/10/2020 Reign ‐ HBH Data E Water Shut Off List Cust SvcsNo response to 30 Day Letter. Sent 02/10/20.2002‐33 2/10/2020 2/25/2020 2/25/2020 Reign ‐ HBH Data E Code Violations List CI2002‐34 2/11/2020 2/26/2020 2/19/2020 Caley Sanford O Theft Reports PD2002‐35 2/12/2020 2/27/2020 2/13/2020 Sandra Urbina (City of Corinth) E Judge's Contracts HR2002‐36 2/12/2020 2/27/2020 2/12/2020 Ryan Autery O Certificates of Occupancy Cust Svcs2002‐37 2/13/2020 2/28/20202/14/2020Mark Driver O Permit Information Cust Svcs
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2002‐38 2/13/2020 2/28/20202/14/2020Keith Scott O Permit Information Cust Svcs2002‐39 2/14/2020 3/2/20202/18/2020Anna Calhoun O Permit Information Cust Svcs2002‐40 2/14/2020 3/2/20203/16/2020Holli McDonald O Water Shut Off List Cust Svcs 2/14/20‐Sent 30 Day Letter2002‐41 2/14/2020 3/2/20202/25/2020Holli McDonald O Code Violations List CI2002‐42 2/14/2020 3/2/20202/14/2020Haley Mariam E Fire Station Information FD Direct request through FD2002‐43 2/14/2020 3/2/20202/14/2020Matthew Snow E Inspection Report FD Direct request through FD2002‐442/18/2020 3/3/2020 2/18/2020Construction Monitor O Permit Information Cust Svcs2002‐452/18/2020 3/3/2020 2/18/2020Angie Trifovesti E Permit Information Cust Svcs2002‐462/18/2020 3/3/2020 3/18/2020Abdul Rehman O Water Shut Off List Cust Svcs 2/18/20‐Sent 30 Day Letter2002‐472/18/2020 3/3/2020 2/25/2020Jan Duron O Fire Damaged Properties FD2002‐482/18/2020 3/3/2020 3/18/2020Homer Haider O Water Shut Off List Cust Svcs 2/18/20‐Sent 30 Day Letter2002‐492/18/2020 3/3/2020 2/25/2020Sandra Nesbitt O Fire Damaged Properties FD2002‐502/19/2020 3/4/2020 3/9/2020Hailey Blades O Court Documents PD/MC2002‐512/19/2020 3/4/2020 2/25/2020Nick Titlow O Personnel Information HR2002‐522/20/2020 3/5/2020 2/24/2020Jean Woolf O New Cell Tower Information Cust Svcs2002‐53 2/24/2020 3/9/20203/24/2020Kevin Ashworth O Water Shut Off List Cust SvcsNo response to 30 Day Letter. Sent 02/24/20.2002‐54 2/24/2020 3/9/20202/24/2020Construction Monitor O Permit Information Cust Svcs2002‐55 2/24/2020 3/9/20202/25/2020Audrey Estrada O Divorce Information MC MC does not handle divorce cases2002‐562/25/2020 3/10/2020 2/25/2020Rodney Lucas O Permit Information Building Insp.
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2002‐572/25/2020 3/10/2020Manuel Castillo O2/25 ‐ Requested Clarification (missing request information)2002‐582/26/2020 3/11/2020 3/3/2020Chierquel Taylor O Dog Bite Information Animal Svcs2002‐592/26/2020 3/11/2020 3/26/2020Jonathan Allen O Water Shut Off List Cust SvcsNo response to 30 Day Letter. Sent 02/26/20.2002‐602/27/2020 3/12/2020 2/28/2020Ryan Autery O Permit Information Cust Svcs2002‐612/27/2020 3/12/2020 3/27/2020Chris Fast O Water Shut Off List Cust SvcsNo response to 30 Day Letter. Sent 02/27/20.2002‐622/27/2020 3/12/2020 3/12/2020Chris Fast O Code Violations List CI2002‐632/27/2020 3/12/2020 2/28/2020Mark Cooper O Video Surveillance IT2002‐642/27/2020 3/12/2020 2/28/2020Veronica Flores O Fire Damaged Properties FD2002‐652/27/2020 3/12/20203/27/2020 Veronica Flores O Water Shut Off List Cust SvcsNo response to 30 Day Letter. Sent 02/27/20.2002‐662/28/2020 3/13/2020 3/9/2020Sarah Kimbrough O Postage equipment Information Finance2002‐672/28/2020 3/13/2020 3/6/2020Corey Moody O Code Violations List CI2002‐682/28/2020 3/13/2020 3/30/2020Corey Moody O Water Shut Off List Cust SvcsNo response to 30 Day Letter. Sent 02/28/20.2002‐692/28/2020 3/13/2020 2/28/2020Denton County O Subpoena FD Direct request through FDKEYRequest No.: Month, Date, sequential numberManner Received: P = In Person, E = Email, F = Fax, M = Mail, O = OnlineYellow: Requests Pending >10 days (See Notes)Blue: Request completed after 10 business days
14
Request # Date Rec'd Date Due Date Closed Name of Requestor Rec'd via Document Requested Department Responsible Notes Fee 2003‐01 3/2/20203/16/20203/2/2020 Construction Monitor O Permit Information Cust Svcs2003‐02 3/2/20203/16/20203/11/2020 Justin Minikes O Water Shut Off List Cust Svcs 3/2/20‐Sent 30 Day LetterRecevied 3/10/20 ‐ $27.002003‐03 3/2/20203/16/20203/3/2020 Jan Duron O Fire Damaged Properties FD2003‐04 3/2/20203/16/20203/3/2020 Kenneth Nwankpa O Fire Damaged Properties FD2003‐05 3/2/20203/16/20203/3/2020 Favour Ita Sunday OGarage Sale/Estate Sale Permit Information Cust Svcs2003‐06 3/2/20203/16/20204/2/2020 Favour Ita Sunday O Water Shut Off List Cust SvcsNo response to 30 Day Letter. Sent 03/02/20.2003‐07 3/2/20203/16/20203/2/2020 Favour Ita Sunday O Code Violations List CI2003‐08 3/2/20203/16/20203/2/2020 Favour Ita Sunday O Vacant Homes List CI TC does not keep a vacant property list2003‐09 3/2/20203/16/20203/2/2020 Favour Ita Sunday O Substandard Properties CI2003‐10 3/2/20203/16/20203/2/2020 Leslie Rodriguez E DSC List MC2003‐11 3/2/2020 3/16/2020 Paige Grass (Comedy Driving) O3/2/20 ‐ Requested Clarification (missing request information)2003‐12 3/2/2020 3/16/2020 3/3/2020 Sandra Nesbitt O Fire Damaged Properties FD2003‐13 3/2/2020 3/16/2020 3/3/2020 Carole Bartholomew O Permit Information Cust Svcs2003‐14 3/3/2020 3/17/2020 3/3/2020 Nanda Venkatesan O Citation Information MC Direct request through PD2003‐15 3/3/2020 3/17/2020 3/3/2020 Janine Rugas ‐ Buildzoom O Building Permit Information Cust Svcs2003‐16 3/3/2020 3/17/2020 3/16/2020 Karen Gilmore PCity Coucil and Administration Salaries + All documents pertaining to 7439 Anderlan.2003‐17 3/3/2020 3/17/2020 3/17/2020 Jon Eberle O Building PlansCust Svcs/Bldg Ins15
2003‐18 3/4/2020 3/18/2020 3/4/2020 Glenn Winningham O DSC List MC2003‐19 3/4/2020 3/18/2020 3/4/2020 Josh Tyler E DSC List MC2003‐20 3/4/2020 3/18/2020 3/9/2020 Terri Sullivan O Fire Incident Report FD2003‐21 3/5/2020 3/19/2020 3/9/2020 Zasquia Suntay O Fire Damaged Properties FD2003‐22 3/5/2020 3/19/2020 3/6/2020 Robin Davis ‐ HBW Inc. O Permit Information Cust Svcs2003‐23 3/6/2020 3/20/2020 Daniel Mendez O Water Shut Off List Cust Svcs 3/6/20‐Sent 30 Day Letter2003‐24 3/6/2020 3/20/2020 3/9/2020 Gracie Dela Cruz O Fire Damaged Properties FD2003‐25 3/6/2020 3/20/2020 3/9/2020Angie Trifovesti E Building Permit Information Cust Svcs2003‐26 3/9/2020 3/23/2020 Mike Resnick E Water Shut Off List Cust Svcs 3/9/20‐Sent 30 Day Letter2003‐27 3/9/2020 3/23/2020 3/9/2020 Ryan Tiffin O Camera Footage IT2003‐28 3/9/2020 3/23/2020 3/9/2020 Suma Sureshchandra O Permit Information Cust Svcs2003‐29 3/9/2020 3/23/2020 3/9/2020 Construction Monitor O Permit Information Cust Svcs2003‐30 3/9/2020 3/23/2020 3/16/2020Tim Moroz (Boyd Watterson Asset Management) E Lease Information General Admin2003‐31 3/9/2020 3/23/2020 3/9/2020 Paige Grass (Comedy Driving) O DSC List MC2003‐32 3/9/2020 3/23/2020 3/10/2020 Chris Parrott O Permit Information Cust Svcs2003‐33 3/10/2020 3/24/2020 3/11/2020 Jessica Cortez O Arrest Information PD2003‐34 3/11/2020 3/25/2020 3/18/2020 Kyle Fischer O Environmental AssessmentCust Svcs/CI/EN/Bldg Insp2003‐35 3/12/2020 3/26/2020 3/12/2020 Valence Laboratory O Certificate of Occupancy Cust Svcs
16
2003‐36 3/13/2020 3/27/2020 3/13/2020 Laura Nix O Environmental AssessmentCust Svcs/CI/EN/Bldg Insp2003‐37 3/13/2020 3/27/2020 3/17/2020 Pat McHugh (Lakewood Police Dept) F Records Check PD/MC2003‐38 3/13/2020 3/27/20203/17/2020Timothy Eorgan O Trash Collection Agreement Cust Svcs2003‐393/16/2020 3/30/2020 3/18/2020Construction Monitor O Permit Information Cust Svcs2003‐403/16/2020 3/30/2020 3/23/2020Sandra Nesbitt O Fire Damaged Properties FD2003‐413/16/2020 3/30/2020 3/23/2020Jan Duron O Fire Damaged Properties FD2003‐423/16/2020 3/30/2020 3/18/2020Ryan Autery O Permit Information Cust Svcs2003‐433/17/2020 3/31/2020 3/17/2020Jerry Paul Martin O Recycling Rates Cust Svcs2003‐443/17/2020 3/31/2020Homer Haider O Water Shut Off List Cust Svcs2003‐453/17/2020 3/31/2020 3/17/2020Crystal Ames E Utility Invoices Cust Svcs2003‐463/18/2020 4/1/2020 3/18/2020Elizabeth Nuno E Police 911 Call PDDuplicate request. Original from 3/15/20 is being processed by PD Records.2003‐473/18/2020 4/1/2020 3/18/2020Jean Woolf O New Cell Tower Information Cust Svcs2003‐483/18/2020 4/1/20203/18/2020 Robert Hyman O Certificate of Occupancy Cust Svcs2003‐493/18/2020 4/1/2020 3/26/2020Jacqueline Pearl O Arrest Information PD2003‐503/20/2020 4/3/2020 3/25/2020Elise Thurman O CC TIRZ Resolutions/Ordinances CS2003‐513/23/2020 4/6/2020 3/23/2020Construction Monitor O Permit Information Cust Svcs2003‐523/23/2020 4/6/2020 3/23/2020Hyla Emery O FM 423 Plans Engineering2003‐533/23/2020 4/6/2020 3/23/2020Kent Kerry O Permit Information Cust Svcs
17
2003‐543/24/2020 4/7/2020 3/31/2020Craig Zuczek E Maintenance Contract Cust Svcs2003‐553/24/2020 4/7/2020Frances Garcia O Water Shut Off List Cust SvcsReceived two exact request. Only logged the original one. 3/24/20 ‐ Sent 30 day letter.2003‐563/24/2020 4/7/2020 3/26/2020Frances Garcia O Code Violations List CI2003‐573/24/2020 4/7/2020 3/31/2020Frances Garcia O Fire Damaged Properties FD2003‐583/26/2020 4/9/2020 3/26/2020Edward Shoptaugh O Soil Report Engineering2003‐593/26/2020 4/9/2020 3/31/2020Pam Dannemiller E Permit Information Cust Svcs2003‐603/27/2020 4/10/2020 3/27/2020Kim Pruitt (Frisco PD) E FD Call Response FD Direct request through FD2003‐613/27/2020 4/10/2020Corey Moody O Water Shut Off List Cust Svcs 3/27/20‐Sent 30 Day Letter2003‐623/27/2020 4/10/2020 3/27/2020Corey Moody O Code Violations List CI2003‐633/27/2020 4/10/2020Justin Minikes O Water Shut Off List Cust Svcs 3/27/20‐Sent 30 Day Letter2003‐643/30/2020 4/13/2020Thai Bui O Engineering Documents Engineering2003‐653/30/2020 4/13/2020 3/31/2020Construction Monitor O Permit Information Cust Svcs2003‐663/30/2020 4/13/2020 3/31/2020Brandon Broulette O Permit Information Cust Svcs2003‐673/30/2020 4/13/2020 3/31/2020Jay Cardenas O Certificate of Occupancy Cust Svcs2003‐683/30/2020 4/13/2020 3/31/2020Sandra Nesbitt O Fire Damaged Properties FD2003‐693/30/2020 4/13/2020 3/31/2020Laura Saldana O Permit Information Cust Svcs2003‐703/30/2020 4/13/2020 3/31/2020Tyler Smith O Court Records MC2003‐713/31/2020 4/14/2020 3/31/2020Ryan Autery O Certificate of Occupancy Cust SvcsKEYRequest No.: Month, Date, sequential numberManner Received: P = In Person, E = Email, F = Fax, M = Mail, O = OnlineYellow: Requests Pending >10 days (See Notes)Blue: Request completed after 10 business days18
Agenda Item No:3.2
CITY COUNCIL Agenda Item Report
Meeting Date: April 7, 2020
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Miscellaneous
Agenda Section:
Subject:
Council to provide direction to staff regarding future agenda items. (Council)
Suggested Action:
Attachments:
19
Agenda Item No:4.1
CITY COUNCIL Agenda Item Report
Meeting Date: April 7, 2020
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Minutes
Agenda Section:
Subject:
Consider approving City Council Regular Session meeting minutes for March 3, 2020 and Special Session
meeting minutes for March 23, 2020. (Stewart)
Suggested Action:
Attachments:
March 3, 2020 DRAFT Minutes.docx
March 23, 2020 DRAFT Minutes.docx
20
1 These items are strictly public service announcements. Expressions of thanks, congratulations or condolences; information
regarding holiday schedules; honorary recognition of city officials, employees or other citizens; reminders about upcoming
events sponsored by the City or other entity that are scheduled to be attended by a city official or city employee. No action
will be taken and no direction will be given regarding these items.
MINUTES OF THE CITY COUNCIL REGULAR SESSION
HELD ON
MARCH 3, 2020
The Regular Session of the City Council of the City of The Colony, Texas, was called to order
at 6:36p.m.on the 3rd day of March, 2020, at City Hall, 6800 Main Street, The Colony, Texas,
with the following roll call:
Kirk Mikulec, Councilmember
Richard Boyer, Deputy Mayor Pro Tem
Brian Wade, Councilmember
David Terre, Mayor Pro Tem
Joel Marks, Councilmember
Present
Present
Present
Present
Present
Joe McCourry, Mayor Absent (Personal)
Perry Schrag, Councilmember Absent (Personal)
And with 5 council members present a quorum was established and the following items were
addressed:
1.0 ROUTINE ANNOUNCEMENTS, RECOGNITIONS and PROCLAMATIONS
1.1 Call to Order
Mayor Pro Tem Terre called the meeting to order at 6:36 p.m.
1.2 Invocation
Father Joseph with Holy Cross Catholic Church delivered the invocation.
1.3 Pledge of Allegiance to the United States Flag
The Pledge of Allegiance to the United States Flag was recited.
1.4 Salute to the Texas Flag
Salute to the Texas Flag was recited.
1.5 Recognition of City staff concerning their hard work and efforts concerning the
Grandscape development - Stephen Schubert, Carl McMurphy, Jeremie Maurina
and Jeremy Lucas.
***Item removed from the agenda with no discussion***
1.6 Announcement acknowledging the City of The Colony Employee of the Year.
Director of Human Resources, Rodney Wallican, announced Jill Barrett, Fire
Administration Assistant, as The Colony's Employee of the Year.
1.7 Proclamation recognizing March 3, 2020 as The Colony Public Library Day.
Mayor Pro Tem Terre proclaimed March 3, 2020 as "The Colony Public Library
Day". The proclamation was accepted by Library Director, Megan Charters.
21
City Council – Regular Meeting Agenda
March 3, 2020
Page| 2
1.8 Presentation of the Texas Municipal Library Director's Association 2019
Achievement of Excellence in Libraries Award by Lynette Roberson.
Library Director, Megan Charters, announced their recent 2019 Achievement of
Excellence in Libraries Award. The award was presented by Texas Municipal
Library Director's Association member, Lynette Roberson.
1.9 Items of Community Interest
1.9.1 Receive a presentation from the Library regarding current and upcoming programs,
events, and service improvements.
Library Director, Megan Charters, presented the current and upcoming programs,
events and service improvements to Council.
Councilmember Marks announced a free "Native Plants" workshop is being co-
hosted by Texas A&M Agrilife Water University and the Keep The Colony Beautiful
Board. The event will take place on Wednesday, March 11, 2020 from 6:30-
7:30p.m. at the Annex Building.
Councilmember Wade reminded everyone it is the last day to vote.
2.0 CITIZEN INPUT
Danielle Mathews, 7007 Windhaven Pkwy, spoke regarding the 2020 Boards &
Commissions Annual Banquet. She expressed gratitude and thanks to Council and
staff for such a lovely evening.
Gina Harrison, 7108 Longo Drive, spoke concerning the NTX Community Food
Pantry efforts, and thanked Council for their continued support.
3.0 WORK SESSION
3.1 Receive presentation, discuss and provide direction to staff regarding migratory
bird rookery deterrent and management plan.
Director of Community Services, Pam Nelson, presented an update to Council on
this item. Ms. Nelson stated the Parks and Recreation department has acquired
a depredation permit from the United States Fish and Wildlife Service. This permit
will aid in the ability to continue with deter efforts later into the season. City staff
have taken action early this year with general information via social media
platform, direct email and community involvement. Educational material and
deterrent kits are being provided through the Parks and Recreation department to
help citizens understand how to prepare and deter the birds.
Council provided discussion on this item and advised staff to move forward with
the current efforts and citizen education.
22
City Council – Regular Meeting Agenda
March 3, 2020
Page| 3
3.2 Discussion regarding the City Council Workshop Retreat.
Director of Government Relations, Brant Shallenburger, requested direction and
feedback from Council on this item.
Council provided discussion on this item. City administration will consider
Council's suggestions over the date, details and location, which will be announced
at a later time.
3.3 Council to provide direction to staff regarding future agenda items.
None
4.0 CONSENT AGENDA
Motion to approve all items from the Consent Agenda- Marks; second by Wade, motion carried
with all ayes.
4.1 Consider approving City Council Regular Session meeting minutes for February
18, 2020.
4.2 Consider approving Council expenditures for the month of December 2019 and
January 2020.
5.0 REGULAR AGENDA ITEMS
5.1 Discuss and consider approving an ordinance abandoning, vacating, and closing unused
roadway right-of-way consisting of an approximate 4,530 square-foot or 0.0485 acre
tract of land located in the Buffalo Bayou, Brazos & Colorado Railroad Co.Survey,
Abstract No. 174, City of The Colony, Denton County, Texas, and authorizing the
City Manager to execute a deed or deeds conveying said unused right-of-way to the
adjacent property owner or owners.
Senior Planner, Isaac Williams, presented the proposed ordinance to Council.
Council provided discussion on this item.
Motion to approve- Mikulec; second by Wade, motion carried with all ayes
ORDINANCE NO. 2020-2391
5.2 Discuss and consider a resolution authorizing the use of eminent domain to condemn
property consisting of approximately 0.4294 acre tract of property for a 20'
wastewater force main, and City of The Colony Fiber Optic Easement, and a 0.0655
acre tract of property and 0.0840 acre tract of property for a Temporary Construction
23
City Council – Regular Meeting Agenda
March 3, 2020
Page| 4
Easement situated in the B.B.B. & C.R.R. Co. Survey, Abstract No. 173, City of The
Colony, Denton County, Texas, as part of the City of The Colony's 20' Wastewater
Force Main and City of The Colony Fiber Optic Project.
Executive Business Liaison, Jeremie Maurina, presented the proposed resolution to
Council. This item is part of the condemnation process and moving forward with the
litigation portion of eminent domain.
Council provided discussion on this item.
Motion to approve that the City of The Colony, Texas, authorize the use of the power of eminent
domain to acquire approximately 0.4294 acre tract of property for a 20' Wastewater Force Main
and City of The Colony Fiber Optic Easement and a 0.0655 acre tract of property and 0.0840
acre tract of property for a Temporary Construction Easement situated in the B.B.B. & C.R.R.
Co. Survey, Abstract No. 173, City of The Colony, Denton County, Texas, as part of the City of
The Colony's 20' Wastewater Force Main and City of The Colony Fiber Optic Project.
RESOLUTION NO. 2020-013
6.0 EXECUTIVE SESSION
6.1 A. Council shall convene into a closed executive session pursuant to Section
551.071 of the Texas Government Code to seek legal advice from the city attorney
regarding pending or contemplated litigation - Appeal of Brazos Electric Power
Cooperative, Inc., PUC Docket No. 45175 and City of The Colony, Texas v. Brazos
Electric Power Cooperative, Inc. matter, Cause No. 16-06424-16.
B. Council shall convene into a closed executive session pursuant to Section
551.087 of the Texas Government Code regarding commercial or financial
information the city has received from a business prospect(s), and to deliberate the
offer of a financial or other incentive to a business prospect(s).
7.0 EXECUTIVE SESSION ACTION
7.1 A. Any action as a result of executive session regarding pending or contemplated
litigation - Appeal of Brazos Electric Power Cooperative, Inc., PUC Docket No.
45175 and City of The Colony, Texas v. Brazos Electric Power Cooperative, Inc.
matter, Cause No. 16-06424-16.
No Action
B. Any action as a result of executive session regarding commercial or financial
information the city has received from a business prospect(s).
24
City Council – Regular Meeting Agenda
March 3, 2020
Page| 5
ADJOURNMENT
With there being no further business to discuss the meeting was adjourned at 7:44 p.m.
APPROVED:
________________________________
David Terre, Mayor Pro Tem
City of The Colony
ATTEST:
_______________________________
Tina Stewart, TRMC
City Secretary
25
1 These items are strictly public service announcements. Expressions of thanks, congratulations or condolences; information
regarding holiday schedules; honorary recognition of city officials, employees or other citizens; reminders about upcoming
events sponsored by the City or other entity that are scheduled to be attended by a city official or city employee. No action
will be taken and no direction will be given regarding these items.
MINUTES OF THE CITY COUNCIL SPECIAL SESSION
HELD ON
MARCH 23, 2020
The Special Session of the City Council of the City of The Colony, Texas, was called to order
at 6:30 p.m. on the 23
rd day of March, 2020, at City Hall, 6800 Main Street, The Colony,
Texas, with the following roll call:
Joe McCourry, Mayor
Kirk Mikulec, Councilmember
Richard Boyer, Deputy Mayor Pro Tem
Brian Wade, Councilmember
David Terre, Mayor Pro Tem
Perry Schrag, Councilmember
Joel Marks, Councilmember
Present
Present
Present
Present
Present
Present
Present
And with 7 council members present a quorum was established and the following items were
addressed:
1.0 CALL TO ORDER
Mayor McCourry called the meeting to order at 6:30 p.m.
Mayor acknowledged awareness of the rules mandated by the State Governor and
the Denton County Judge concerning social distancing. Mayor shared in order to
slow the spread of COVID-19, actions have been taken on how governmental
bodies should conduct meetings either by telephone or video conference to advance
the public health goal of limiting face-to-face meetings.
2.0 CITIZEN INPUT
1. Sara Breaux, 5620 S. Colony Boulevard, registered in support of renewing the
disaster declaration for COVID-19.
2. Steven Franco, 3546 S. Main Street, registered online spoke concerning evictions
during the coronavirus crisis.
3. Sarah Vandesteeg, registered online spoke concerning Nebraska Furniture Mart
closure during the coronavirus crisis.
3.0 DISCUSSION ITEMS
3.1 Discuss and approve actions to include adjustments on extension of disaster
declaration due to the Coronavirus (COVID-19) as authorized by Section 418.108
of the Texas Government Code.
26
City Council – Special Meeting Agenda
March 23, 2020
Page| 2
Mayor proposed setting Wednesday, May 6, 2020, as the meeting date to amend or
discard the local declaration of disaster announced by state and county
officials. Council provided discussion on this item and concurred the declaration
shall take effect upon adoption and remain in effect until April 22, 2020. Council
stated the agenda item is to remain on the consent agenda section of every meeting
thereafter.
Motion to approve setting April 22, 2020, as the meeting date to amend or discard the local
declaration of disaster, and this item to remain as a consent agenda item on every meeting
thereafter- Mikulec; second by Wade, motion carried with all ayes with the exception of
Councilmember Wade voting no.
Mayor addressed the language in various sections of the declaration. Council
provided discussion and agreed to move forward with the proposed resolution
language as stated.
Motion to approve the proposed resolution language as stated- Schrag; second by Mikulec,
motion carried with all ayes.
RESOLUTION NO. 2020-014
ADJOURNMENT
With there being no further business to discuss the meeting was adjourned at 7:11 p.m.
APPROVED:
________________________________
Joe McCourry, Mayor
City of The Colony
ATTEST:
_______________________________
Tina Stewart, TRMC
City Secretary
27
Agenda Item No:4.2
CITY COUNCIL Agenda Item Report
Meeting Date: April 7, 2020
Submitted by: Evan Groeschel
Submitting Department: Public Works/Water Distribution
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to reject all bids received for Master Lift Station
No. 1 Flow Meter Construction Project and reallocate construction funds in the amount of $290,054 to address
other needed City projects. (Groeschel)
Suggested Action:
Attachments:
April 7th Council Meeting - ML1.docx
Res. 2020-xxx Reject Bids - Master Lift Station No. 1 Flow Meter Project.docx
28
April 7th Council Meeting – ML1
Projects
Master Lift Station Budget = $290,054
5600 - 5720 Treese Alley (Truitt and Treese Alley) = $266,014
North Colony Boulevard Striping = $70,818.69
Funding Allocation
1. Agenda Item verbiage: Council to consider rejecting all bids received for Master Lift Station 1
Flow Meter construction and reallocate construction funds in the amount of $290,054 to
address other needed City projects.
a. Budget for Project = $290,054
b. At the inception of this project the City did not have the infrastructure and technology in
place as it does today. The purpose of the installation of a flow meter at ML1 was to
monitor volume for planning purposes in order to anticipate the need for expansion of
the lift station and other necessary improvements.
Facts:
-ML1: Current capacity = 10 million gallons per day (mgd)
-Approximately 75% of flow into WWTP currently flows through ML1 = ~ 2.8 mgd
-Current daily average flow at the Wastewater Treatment Plant = ~ 3.4 mgd
-Sewer trunk line currently being completed as a CIP managed by the City’s Engineering
Department. Once completed the new trunk line will reduce daily flow through ML1 by
approximately .5 mgd or 500,000 gallons daily.
Current needed Improvement Projects:
-North Colony Boulevard thoroughfare re-striping = $70,818.69
-5600 – 5720 Treese Alley reconstruction = $266,014
Staff Recommendation:
-Staff recommends council reject all bids received for Master Lift Station 1 Flow Meter
construction and reallocate construction funds in the amount of $290,054 to address other
needed City projects.
Felix Construction $573,000 $508,500
Flowline Construction N/A $525,400
Willco Underground $479,300 $422,500
29
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2020 -________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, REJECTING ANY AND ALL BIDS CONCERNING
THE CONSTRUCTION OF THE MASTER LIFT STATION NO. 1 FLOW
METER PROJECT AND AUTHORIZING THE REBIDDING OF SAID
PROJECT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
REPEALING CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of The Colony, Texas, solicited bids for the Master Lift Station No.1
project (the “Project”); and
WHEREAS, pursuant to the authority contained in Section 252.043(f) of the Texas Local
Government Code, the City Council of the City of The Colony, Texas, is authorized to reject any
and all bids.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS, THAT:
SECTION 1.The findings set forth above are incorporated into the body of this
Resolution as if fully set forth herein.
SECTION 2.The City Council of the City of The Colony, Texas, pursuant to the authority
contained in Section 252.043(f) of the Texas Local Government Code, find and determine it is in
the best interest of the City to reject any and all bids for the Project.
SECTION 3.The City Council of the City of The Colony, Texas, hereby authorizes City
Manager and City staff to take all actions necessary to rebid the Project in accordance with state
law.
SECTION 4.If any section, article paragraph, sentence, clause, phrase or word in this
Resolution, or application thereto any persons or circumstances is held invalid or unconstitutional by
a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions
of this Resolution; and the City Council hereby declares it would have passed such remaining portions
of this Resolution despite such invalidity, which remaining portions shall remain in full force and
effect.
SECTION 5.All provisions of the resolutions of the City in conflict with the provisions of
this Resolution shall be, and are hereby, amended and repealed, and all other provisions of the
resolutions of the City not in conflict with the provisions of this Resolution shall remain in full force
and effect.
SECTION 6. This Resolution shall become effective from and after its date of passage in
accordance with law.
30
Page 2
PASSED AND APPROVED by the City Council of the City of The Colony, Texas,
this 7th day of April, 2020.
Joe McCourry, Mayor
ATTEST:
Tina Stewart,TRMC, City Secretary
APPROVED AS TO FORM:
Jeff Moore, City Attorney
31
Agenda Item No:4.3
CITY COUNCIL Agenda Item Report
Meeting Date: April 7, 2020
Submitted by: Evan Groeschel
Submitting Department: Public Works/Water Distribution
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to execute funding for Engineering Services for
Phase 2A – Dewatering to Phase 2B Permitting by approving Stewart Creek WWTP Expansion Phase 2A –
Amendment No. 1 – Expansion 2B Permitting in the amount of $129,869.00. (Groeschel)
Suggested Action:
Background:
For the past three months we have seen the flows at the Wastewater Treatment plant averaging at about 3.4
mgd which is 75% of our permitted capacity of 4.5 mgd.
The 75/90 Rule of the Texas Administrative Code (Chapter 305): At 75% of permitted capacity the City needs to
initiate engineering and financial planning for expansion or upgrading. We are currently engineering a part of
phase 2, noted as phase 2A which is the solids handling portion of phase 2. The following phase would consist
of the plants ability to handle the increased hydraulic load. When the treatment plant reaches 90% of the
permitted capacity for three consecutive months the City will need to have authorization from the state to begin
construction.
Information:
The next step is to go through the permitting process to design for increased hydraulic load. This requires
modeling of the treatment process, site planning, process flow diagrams/flow schematics, and coordination
with the Texas Commission on Environmental Quality (TCEQ) as well as responding to TCEQ’s comments.
The efforts would largely be focused on TCEQ 217 requirements and planned technologies for treatment and
disinfection.
This process is time sensitive as it can take up to twelve months to complete. Additionally design and
engineering is based on the outcomes from the permitting and coordination process with TCEQ.
At the March 5th, 2019 Council meeting Council approved Engineering and Design for Phase 2A – Dewatering
in the amount of $2,489,571 (Basic Services = $1,471,428, Special Services = $1,018,143).
Attachments:
April 7 - Phase 2B Permitting.docx
20200206_Carollo Amendment No. 1 Proposal_Signed.pdf
Res. 2020-xxx - Approving Funding for Engineering Services for Phase 2A - Stewart Creek WWTP.docx
32
April 7, 2020 – Wastewater Treatment Plant Phase 2B Permitting
Item Title:
Council to authorizethe City Manager to allocate approved funding for Engineering Services for Phase
2A – Dewatering to Phase 2B permitting by approving Stewart Creek WWTP Expansion Phase 2A –
Amendment No. 1 – Expansion 2B Permitting in the amount of $129,869.00.
Background:
For the past three months we have seen the flows at the Wastewater Treatment plant averaging at about
3.4 mgd which is 75% of our permitted capacity of 4.5 mgd.
The 75/90 Rule of the Texas Administrative Code (Chapter 305): At 75% of permitted capacity the City
needs to initiate engineering and financial planning for expansion or upgrading. We are currently
engineering a part of phase 2, noted as phase 2A which is the solids handling portion of phase 2. The
following phase would consist of the plants ability to handle the increased hydraulic load. When the
treatment plant reaches 90% of the permitted capacity for three consecutive months the City will need to
have authorization from the state to begin construction.
Information:
The next step is to go through the permitting process to design for increased hydraulic load. This requires
modeling of the treatment process, site planning, process flow diagrams/flow schematics, and
coordination with the Texas Commission on Environmental Quality (TCEQ) as well as responding to
TCEQ’s comments. The efforts would largely be focused on TCEQ 217 requirements and planned
technologies for treatment and disinfection.
This process is time sensitive as it can take up to twelve months to complete. Additionally design and
engineering is based on the outcomes from the permitting and coordination process with TCEQ.
At the March 5
th, 2019 Council meeting Council approved Engineering and Design for Phase 2A –
Dewatering in the amount of $2,489,571 (Basic Services = $1,471,428, Special Services = $1,018,143).
Suggested Action:
Staff recommends that Council authorize the City Manager to allocate approved funding for Engineering
Services for Phase 2A – Dewatering to Phase 2B permitting by approving Stewart Creek WWTP
Expansion Phase 2A – Amendment No. 1 – Expansion 2B Permitting in the amount of $129,869.00.
33
34
35
36
37
38
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2020 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO
ALLOCATE APPROVED FUNDING FOR ENGINEERING SERVICES
FOR PHASE 2A – DEWATERING TO PHASE 2B PERMITTING BY
APPROVING STEWART CREEK WWTP EXPANSION PHASE 2A –
AMENDMENT NO. 1 – EXPANSION 2B PERMITTING IN THE
AMOUNT OF $129,869.00; AND PROVIDING AN IMMEDIATE
EFFECTIVE DATE
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS, THAT:
Section 1.The findings set forth above are incorporated into the body of this
Resolution as if fully set forth herein.
Section 2.The City Council of the City of The Colony, Texas, has duly reviewed and
considered and hereby authorizes the City Manager to allocate approved funding for engineering
services for Phase 2A – Dewatering to Phase 2B permitting by approving Stewart Creek WWTP
Expansion Phase 2A – Amendment No. 1 – Expansion 2B Permitting in the amount of One
Hundred Twenty-Nine Thousand Eight Hundred Sixty-Nine and No/100 Dollars
($129,869.00).
Section 3.This Resolution shall take effect immediately from and after its passage.
PASSED, APPROVED AND EFFECTIVE THIS THE 7TH DAY OF APRIL, 2020.
_____________________________
Joe McCourry, Mayor
City of The Colony, Texas
ATTEST:
Tina Stewart, TRMC, City Secretary
APPROVED AS TO FORM:
Jeffrey L. Moore, City Attorney
39
Exhibit A
40
Agenda Item No:4.4
CITY COUNCIL Agenda Item Report
Meeting Date: April 7, 2020
Submitted by: Evan Groeschel
Submitting Department: Public Works/Water Distribution
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to execute a purchase order to F&F Concrete in
the amount of $266,014.00 with unit pricing reflected in bid 90-18-17 for the reconstruction of the Truitt/Treese
alleyway. (Groeschel)
Suggested Action:
The condition along this section of the alley shared by Treese and Truitt is in poor condition but kept passable
through diligent asphalt patching which is a temporary solution. The City has routinely received feedback from
citizens regarding the condition of the alley and a need for resolution. Due to the amount of patching, and overall
condition, the alley needs be replaced with new concrete as a permanent repair.
Attachments:
April 7th Council Meeting - Truitt-Treese Alley.docx
The Colony - Estimate 7605.pdf
The Colony - Estimate 7606.pdf
Res. 2020-xxx F&F Concrete Purchase Order.docx
41
April 7th Council Meeting – Reconstruction of 5600 – 5720 Treese Alley
Background:
The condition along this section of the alley shared by Treese and Truitt is in poor condition but kept
passable through diligent asphalt patching which is a temporary solution. The City has routinely received
feedback from citizens regarding the condition of the alley and a need for resolution. Due to the amount
of patching, and overall condition, the alley needs be replaced with new concrete as a permanent repair.
Information:
If approved the funding for this project would be made available with existing budgeted funds for
discontinued projects.
Suggested Action:
Staff recommends council authorize the City manager to issue a purchase order to F&F Concrete in the
amount of $266,014 with unit pricing reflected in bid 90-18-17 for the reconstruction of the Truitt/Treese
alleyway.
42
43
44
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2020-_______
A RESOLUTION OF THE CITY OF THE COLONY, TEXAS AUTHORIZING
THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO F&F CONCRETE,
LLC, FOR THE RECONSTRUCTION OF THE TRUITT/TREESE ALLEWAY
PROJECT; AND PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF THE COLONY, TEXAS:
Section 1. That the City Council of the City of The Colony, Texas hereby authorizes the
City Manager to issue a purchase order to F&F Concrete, LLC, in the amount of
$266,014.00, for the Truitt/Treese alleyway reconstruction project.
Section 2. That the City Manager or his designee authorized to issue said purchase order.
Section 3. That this resolution shall take effect immediately from and after its passage.
PASSED AND APPROVED by the City Council of the City of The Colony,
Texas this 7th day of April, 2020.
________________________
Joe McCourry, Mayor
City of The Colony, Texas
ATTEST:
________________________________
Tina Stewart, TRMC, City Secretary
APPROVED AS TO FORM:
________________________________
Jeff Moore, City Attorney
45
Agenda Item No:4.5
CITY COUNCIL Agenda Item Report
Meeting Date: April 7, 2020
Submitted by: Robert Kotasek
Submitting Department: Engineering
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to execute a Construction Services Contract in
the amount of $1,533,288.83 with Reliable Paving, Inc. for the Eastvale Asphalt Street Reconstruction Project.
(Hartline)
Suggested Action:
Summary of Request: Consider approval of a resolution authorizing the City Manager to sign a Construction
Services Contract in the amount of $1,533,288.83 with Reliable Paving, Inc. for the Eastvale Asphalt Street
Reconstruction Project.
Background:
City Council approved funding for the construction of the Eastvale Asphalt Street Reconstruction Project in the
2019-2020 CIP budget.
The scope of work consists of the reconstruction of twelve (12) asphalt streets in the Eastvale subdivision. The
streets to be reconstructed are listed below and shown on the attached construction phasing plan.
1.Anderlan Road
2.Bevily Drive
3.Cedar Street
4.Unnamed Cul-de-sac across from Cedar Street.
5.Haven Hill Drive
6.Lakeview Drive
7.Laurel Court.
8.North Horseshoe Drive
9.North Shore Drive
10.South Horseshoe Drive
11.Sunset Circle
12.Willow Court
The scope of work includes, but is not limited to, mobilization, general site preparation, traffic control, full depth
asphalt street replacement including 6-inch thick flex base subgrade, 4-inch Type B asphalt, and 2-inch Type D
asphalt, and utility adjustments where required. Additionally, the project includes water service and sanitary
sewer service line installations at undeveloped lots that don't currently have utility services. No drainage work
will be performed during this construction project; only subgrade repairs and asphalt resurfacing are included.
This project was advertised for bid and the bids were opened on February 25, 2020. The low bidder was
Reliable Paving, Inc. at a cost of $1,533,288.83. Halff Associates received positive feedback from the Town of 46
Pantego, City of White Settlement, City of Burleson and City of Hamilton City and recommends approval of the
contract with this company. The Engineering Recommendation letter is attached for review.
The reconstruction of the remaining streets in the Eastvale Subdivision will be included for approval in the
2020-2021 CIP budget and are planned to be completed next year.
Recommendation:
Staff recommends approval of a Construction Services Contract for the Eastvale Asphalt Street Reconstruction
Project with Reliable Paving, Inc. With approval, the project is anticipated to start construction in May 2020 with
an estimated completion in December 2020.
Suggested motion:
I move to recommend approval of a resolution authorizing the City Manager to sign a Construction Services
Contract in the amount of $1,533,288.83 with Reliable Paving, Inc. for the Eastvale Asphalt Street
Reconstruction Project.
Attachments:
Engineering Recommendation Letter
Financial Summary
Certified Bid Tab
Construction Phasing Plan Map. Eastvale Asphalt Street Reconstruction
Res. 2020-xxx Construction Services Contract - Reliable paving, Inc..docx
47
48
49
FINANCIAL SUMMARY:
Are budgeted funds available: Yes Amount budgeted/available: $1,800,000.00
Fund(s) (Name and number):
895-649-6213 Project 195-ESV0145 ($1,500,000.00 for Eastvale Asphalt Street Reconstruction)
895-649-6213 Project 194-PITX0145 ($300,000.00 for Phase IX Street Reconstruction)
Source of Funds: 2019 and 2020 Bond Issuance
Cost of recommended contract award: $ 1,533,288.83
Total estimated project cost:
$ 259,600.00 Engineering Already authorized Yes No
$ 1,533,288.83 Construction Already authorized Yes No
$ 1,792,888.83 Total estimated costs
Future costs for remaining streets: $1,700,000.00
50
51
N
CONSTRUCTION PHASING PLAN
SHEET 1 OF 1
SHEET 21
300225150750
SCALE: 1"=300' (HALF SIZE)
SCALE: 1"=150' (FULL SIZE)
DATE: JANUARY 2020HALFFI:\35000s\35992\001\CADD\Sheets (Asphalt)\35992-PHASE-01-ALT.dgn4:03:16 PM1/20/2020ah3453TBPE FIRM NO. F-312
FAX (817) 232-9784
TEL (817) 847-1422
FORT WORTH, TEXAS 76137-2797
4000 FOSSIL CREEK BLVD
RECONSTRUCTION
ASPHALT STREET
EASTVALE
NAME:
TBPE FIRM #F-312
DATE:
103573
LEIGH A. HOLLIS
1/20/2020
GROUP 1
GROUP 2
SUNSET CIRCLE
ANDERLAN ROADHAVEN HILL DRIVENORTH HORSESHOE DRIVE
SOUTH HORSESHOE DRIVESTREETCEDAR COURTWILLOW
CUL-DE-SAC
CEDAR STREET
TIME.
2. NO MORE THAN THREE STREETS CAN BE UNDER CONSTRUCTION AT ONE
GROUP ORDER AND NUMBER.
1. CONTRACTOR SHALL FOLLOW CONSTRUCTION SEQUENCING BASED ON
NOTES:BEVI
LY DRI
VEEVIRD WEIVEK
A
L
COURTLAURELEVIRD EROHS HTRON
ADDED ALTERNATIVES
PHASING ORDER:
GROUP 1 (BLUE):
1. SUNSET CIRCLE
2. ANDERLAN ROAD
3. HAVEN HILL DRIVE
GROUP 2 (RED):
1. LAKEVIEW DRIVE
2. LAUREL COURT
3. CEDAR STREET
4. CEDAR STREET CUL-DE-SAC
5. WILLOW COURT
6. NORTH SHORE DRIVE
7. NORTH HORSESHOE DRIVE
ADDED ALTERNATIVES (GREEN):
1. BEVILY DRIVE
2. SOUTH HORSESHOE DRIVE
LAKE LEWISVILLE
AREA
STAGING
52
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2020-_______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONSTRUCTION SERVICES CONTRACT WITH
RELIABLE PAVING, INC., FOR THE EASTVALE ASPHALT STREET
RECONSTRUCTION PROJECT; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of The Colony, Texas (the “City”), desires to obtain the services of
Reliable Paving, Inc., for the Eastvale Asphalt Street Reconstruction Project; and
WHEREAS, the City has determined that it is in the best interest of the City to enter into
the Construction Services Contract with Reliable Paving, Inc.; and
WHEREAS, with said Construction Services Contract the City is agreeing to pay the sum
of $1,533,288.83 for such work.
NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS, THAT:
Section 1.The Construction Services Contract, a copy of which is attached hereto as
Exhibit A, and is incorporated herein for all purposes, having been reviewed by the City Council of
the City of The Colony, Texas, and found to be acceptable and in the best interest of the City and its
citizens, be, and the same is hereby, in all things approved.
Section 2. The City Manager is hereby authorized to execute said Construction Services
Contract on behalf of the City of The Colony, Texas.
Section 3.This Resolution shall take effect immediately from and after its adoption and it
is so resolved.
PASSED AND APPROVED by the City Council of the City of The Colony, Texas, this
7th day of April, 2020.
_____________________________
ATTEST:Joe McCourry, Mayor
City of The Colony, Texas
Tina Stewart, TRMC, City Secretary
53
APPROVED AS TO FORM:
Jeff Moore, City Attorney
54
Agenda Item No:4.6
CITY COUNCIL Agenda Item Report
Meeting Date: April 7, 2020
Submitted by: Isaac Williams
Submitting Department: Engineering
Item Type: Ordinance
Agenda Section:
Subject:
Consider an ordinance regarding a Site Plan application for a proposed substation referred to as the Brazos
Electric Josey Substation on an approximately 5.59-acre tract of land located north and east of the northeast
intersection of Plano Parkway and Windhaven Parkway, within the Planned Development 22 (PD-22) Zoning
District. (Williams)
Suggested Action:
Please see the attached staff report, drawings, maps and illustrations for detailed land use, site layout and staff
recommendations.
Attachments:
Staff Report Brazos Electric Substation Site Plan.doc
Exhibit A Site, landscape and Facade Plans updated final all.pdf
SP20-0001.pdf
Ord. 2020-xxxx Brazos Electric Josey Substation Site Plan.doc
55
1
CITY COUNCIL REPORT
AGENDA DATE:April 7, 2020
DEPARTMENT:Development Services Department
______________________________________________________________________________
SUBJECT SP20-0001 Brazos Electric Josey Substation
Discuss and consider an ordinance regarding a site plan application for a proposed substation
referred to as the Brazos Electric Josey Substation on an approximately 5.59 acre tract of land
located north and east of the northeast intersection of Plano Parkway and Windhaven Parkway,
within the Planned Development 22 (PD-22) zoning district.
APPLICANT/OWNER
Owner:Crow-Billingsley WMF Plano, Ltd
University Business Park Dallas, Texas
Applicant:Brazos Electric Cooperative, Inc Waco, Texas
Engineer/Surveyor:Kimley-Horn and Associates, Inc.Dallas, Texas
EXISTING CONDITION OF PROPERTY
The property is currently undeveloped.
PROPOSED DEVELOPMENT
The applicant intends to develop an unmanned electrical substation facility and standalone tower.
The facility will include switching, projection and control equipment, transformers, along with
several other types of equipment, required to transform high voltage power from the transmission
system to a reduced voltage level suitable for the local distribution of electric power. The subject
site is located within the Planned Development 22 (PD-22) zoning district on an approximately
5.59 acre tract.
ADJACENT ZONING
North - Planned Development 22 (PD-22) – Undeveloped
South - Planned Development 22 (PD-22) – Austin Ranch Substation
East-Planned Development 22 (PD-22) – Undeveloped
West-Planned Development 22 (PD-22) – Undeveloped
DEVELOPMENT REVIEW COMMITTEE (DRC) REVIEW
The Development Review Committee (DRC) staff recommends approval of the site plan.
PRIOR ACTION/REVIEW
March 24, 2020, The Planning and Zoning Commission voted (5-0) to recommend approval of
the site plan application for a proposed substation and standalone tower, referred to as the Brazos
Electric Josey Substation.
56
2
ATTACHMENTS
1. Staff Analysis
2. Location Map
3. Proposed Site plan
4. Proposed Landscape Plan
5. Proposed Fence/Wall Elevations
ATTACHMENT 1
Staff Analysis
Background/Land Use Analysis
In 2015 a Specific Use Permit (SUP) and site plan was considered for an electrical substation
west and adjacent to Plano Parkway (north of the northwest intersection of Plano Parkway and
Windhaven Parkway) on a tract known as the “Lonzar Delaware Tract.” The substation was
intended to serve the area generally between Josey Lane/FM 423, the railroad track, and along
the State Highway 121 corridor including the approximately 400-acres and 3.9 million square
feet of retail development associated within the Grandscape development.
The “Lonzar” location was ultimately undeveloped and in 2018, City Council approved a
Planned Development Amendment to PD-22 to facilitate re-location of the proposed substation
from the “Lonzar Delaware Tract” to the current site. The amendment allowed development of
the electric substation facility and appurtenances “by-right.” The proposed Site plan, reflects
development for the site in accordance with the approved amendment of Planned Development -
22.
Infrastructure Improvements
No specific public infrastructure improvements are planned for this area. The substation will
require minimal use or additions to existing public facilities.
Circulation and Parking
This electrical substation is an unmanned facility and as such no paved parking is proposed on
site. Access to the site will be provided by a shared drive from Plano Parkway. The substation
property is proposed to be covered in gravel except where vegetation and mulch is provided
along the perimeter.
Landscaping and Screening
The landscape plan reflects five (5) Bald Cypress plantings along the northern screening wall of
the facility spaced approximately 80 feet on-center with Common Bermuda seeding along the
perimeter of the facility. Screening of the facility is provided by an 8-foot tall masonry wall
along the west and east perimeter; chain link fence will screen visibility of the site from the east
and south.
Development Review Committee Review
The Development Review Committee (DRC) staff recommends approval of the site plan.
57
OHE OHE OHE
TRACT 3
70' TEXAS UTILITIES ELECTRIC
COMPANY EASEMENT
VOL. 2580, PG. 541
D.R.D.C.T.
TRACT 4
70' TEXAS UTILITIES ELECTRIC
COMPANY EASEMENT
VOL. 2580, PG. 554
D.R.D.C.T.
ONCOR ELECTRIC DELIVERY
COMPANY ROAD EASEMENT
VOL. 5366, PG. 982
D.R.D.C.T.
ONCOR ELECTRIC DELIVERY
COMPANY, LLC EASEMENT
DOC. NO. 2017-130390
O.R.D.C.T.
ONCOR AUSTIN
RANCH TRANSMISSION
LINE EASEMENT
VOL. 5366, PG. 989
D.R.D.C.T.
20' SANITARY
SEWER EASEMENT
DOC. NO. 2017-42981
O.R.D.C.T.
15' ACCESS EASEMENT
DOC. NO. 2017-42983
O.R.D.C.T.
25' UTILITY EASEMENT
DOC. NO. 2010-6226
O.R.D.C.T.
REMAINDER OF 70.369 ACRES
UNIVERSITY BUSINESS PARK PHASE II LIMITED
VOL. 1615, PG. 551
D.R.D.C.T.
DRAINAGE
EASEMENT
DOC. NO. 2004-84467
O.R.D.C.T.
REMAINDER OF CALLED 121.3106 ACRES
CROW-BILLINGSLEY UMF PLANO, LTD.
DOC. NO. 2011-114778
O.R.D.C.T.
20' SANITARY
SEWER EASEMENT
DOC. NO. 2017-42982
O.R.D.C.T.
15' ACCESS EASEMENT
DOC. NO. 2017-42983
O.R.D.C.T.
TRACT 1 60' TEXAS
UTILITIES ELECTRIC
COMPANY EASEMENT
VOL. 3114, PG. 584
D.R.D.C.T.
T. A. WEST SURVEY,
ABSTRACT NO. 1344
D. ANDREWS SURVEY,
ABSTRACT NO. 18
10' UTILITY EASEMENT
VOL. 2580, PG. 486
D.R.D.C.T.
ZONING: PD-22
ZONING: PD-22
T. A. WEST SURVEY,
ABSTRACT NO. 1344
D. ANDREWS SURVEY,
ABSTRACT NO. 18
REMAINDER OF 503.5248 ACRES
TRAMMELL CROW COMPANY NO. 33
VOL.2899, PG. 713
D.R.D.C.T.
(NOT PLATTED)
ZONING: PD-22
NORTH LINE OF
LOT 1, BLOCK 1
AUSTIN RANCH SUBSTATION ADDITION
DOC. NO. 2004-84467
O.R.D.C.T.
SOUTH LINE
CROW-BILLINGSLEY
UMF PLANO, LTD
DOC. NO. 2011-114778
O.R.D.C.T.
LOT 1, BLOCK 1
5.5986 ACRES
(MIN. FFE = 553.7')
EXISTING ONCOR
STRUCTURE
EXISTING ONCOR
STRUCTURE
PROPOSED
30' ACCESS
EASEMENT
PROPOSED
TEMPORARY
GRADING
EASEMENT
PROPOSED
TEMPORARY
GRADING
EASEMENT
PROPOSED
TEMPORARY
GRADING
EASEMENT
PROPOSED
TEMPORARY
GRADING
EASEMENT
PROPOSED 20'X40'X10'
UNMANNED CONTROL
CENTER
PROPOSED 160'
COMMUNICATIONS
TOWER
PROPOSED
ELECTRICAL
EQUIPMENT
WYE
WYE
PROPOSED
40' DRAINAGE
EASEMENT
PROPOSED
DRAINAGE
EASEMENT
PROPOSED
30' ACCESS
EASEMENT
100 YEAR LOMR FLOODPLAIN LINE
100 YEAR LOMR FLOODWAY LINE
CAUTION!!
EXISTING UNDERGROUND UTILITIES IN THE AREA CONTRACTOR
IS RESPONSIBLE FOR DETERMINING THE HORIZONTAL AND
VERTICAL LOCATION OF ALL UTILITIES PRIOR TO CONSTRUCTION.
CONTRACTOR SHALL BE RESPONSIBLE FOR ANY REPAIRS TO
EXISTING UTILITIES DUE TO DAMAGE INCURRED DURING
CONSTRUCTION. CONTRACTOR SHALL NOTIFY THE ENGINEER OF
ANY DISCREPANCIES ON THE PLANS.
Engineer
P.E. No.
Date
FOR REVIEW ONLY NOT FOR
CONSTRUCTION OR PERMIT
PURPOSES.
SHAY E. GEACH
127857
03/16/2020
Kimley-Horn and Associates, Inc.
13455 Noel Road, Suite 700
Dallas, Texas 75240
Contact: Shay Geach P.E.
Phone: (972)770-1360
CITY MON 12 3 1/4" ALUMINUM DISK FOUND
IN CONCRETE IN THE MEDIAN OF WINDHAVEN
PARKWAY, 6.8' NORTH OF THE SOUTH MEDIAN
CURB AND 96.7' WEST OF THE WEST MEDIAN
NOSE AT THE INTERSECTION OF PLANO
PARKWAY.
ELEV=545.45
BM 1 "(" SET ON THE NORTHEAST CORNER
OF A CURB INLET 809.4'± WEST OF THE
INTERSECTION OF THE NORTH R.O.W. LINE OF
WINDHAVEN PARKWAY AND THE WEST R.O.W.
LINE OF PLANO PARKWAY.
ELEV=549.28
BM 2 "(" SET ON THE NOSE OF A MEDIAN IN
PLANO PARKWAY 852'± NORTH OF THE
INTERSECTION OF THE NORTH R.O.W. LINE OF
WINDHAVEN PARKWAY AND THE WEST R.O.W.
LINE OF PLANO PARKWAY.
ELEV=577.53
BENCHMARKS
APPROVED BY THE CITY COUNCIL ON THE
DAY OF 20 .
PLANNING DIRECTOR
Brazos Electric Cooperative, Inc.
7616 Bagby Ave
Waco, TX 76712
Contact: Johnny York
Phone: 254-750-6500
WINDHAVEN
PKWY
PROJECT
LOCATION
LOCATION MAP
N.T.S.
Crow Billingsley WMF Plano, Ltd.
AND University Business Park
1722 Routh St., Suite 770
Dallas, TX 75201
Contact: Henry Billingsley
Phone: 214-270-0983
NORTH
SP
PROPOSED 8' SCREENING WALL
LEGEND
EXISTING CONCRETE PAVEMENT
PROPOSED 8" FLEXBASE
PROPERTY LINE
SITE DATA SUMMARY TABLE
N/A
LOT AREA / SQ. FT. AND AC
BUILDING AREA (GROSS SQ. FOOTAGE)
OHE
OHE
EXISTING SCREENING WALL
PROPOSED 8' CHAIN LINK FENCEX
BUILDING HEIGHT
(FT. AND NUMBER OF STORIES)
TOTAL PARKING REQUIRED (W/ RATIO)
TOTAL PARKING PROVIDED (W/ RATIO)
PD-22ZONING(FROM ZONING MAP)
LAND USE ELECTRICAL SUBSTATION
FLOOR-AREA RATIO (FAR)
243,874 SQ. FT.
5.5986 AC
N/A
N/A
N/A
N/A
EXISTING GRAVEL PAVEMENT
PROPOSED 4" GRAVEL PAVEMENT
EXISTING OVERHEAD ELECTRIC
PROPOSED OVERHEAD ELECTRIC
PROPOSED 36" STORM
WYE PROPOSED WYE INLET
1.ALL DIMENSIONS ARE TO FACE OF CURB UNLESS OTHERWISE NOTED.
2.ALL SCREENING WILL BE PERFORMED IN ACCORDANCE WITH THE
COLONY CITY REQUIREMENTS.
3.SWING DIRECTION OF GATES TO BE VERIFIED BY BRAZOS PRIOR TO
CONSTRUCTION.
NOTES
WITH 6" BASE MATERIAL
LOMR FLOODWAY LINE
LOMR FLOODPLAIN LINE
58
OHE OHE OHE
TRACT 3
70' TEXAS UTILITIES ELECTRIC
COMPANY EASEMENT
VOL. 2580, PG. 541
D.R.D.C.T.
TRACT 4
70' TEXAS UTILITIES ELECTRIC
COMPANY EASEMENT
VOL. 2580, PG. 554
D.R.D.C.T.
ONCOR ELECTRIC DELIVERY
COMPANY ROAD EASEMENT
VOL. 5366, PG. 982
D.R.D.C.T.
ONCOR ELECTRIC DELIVERY
COMPANY, LLC EASEMENT
DOC. NO. 2017-130390
O.R.D.C.T.
ONCOR AUSTIN
RANCH TRANSMISSION
LINE EASEMENT
VOL. 5366, PG. 989
D.R.D.C.T.
20' SANITARY
SEWER EASEMENT
DOC. NO. 2017-42981
O.R.D.C.T.
15' ACCESS EASEMENT
DOC. NO. 2017-42983
O.R.D.C.T.
25' UTILITY EASEMENT
DOC. NO. 2010-6226
O.R.D.C.T.
REMAINDER OF 70.369 ACRES
UNIVERSITY BUSINESS PARK PHASE II LIMITED
VOL. 1615, PG. 551
D.R.D.C.T.
DRAINAGE
EASEMENT
DOC. NO. 2004-84467
O.R.D.C.T.
REMAINDER OF CALLED 121.3106 ACRES
CROW-BILLINGSLEY UMF PLANO, LTD.
DOC. NO. 2011-114778
O.R.D.C.T.
20' SANITARY
SEWER EASEMENT
DOC. NO. 2017-42982
O.R.D.C.T.
15' ACCESS EASEMENT
DOC. NO. 2017-42983
O.R.D.C.T.
TRACT 1 60' TEXAS
UTILITIES ELECTRIC
COMPANY EASEMENT
VOL. 3114, PG. 584
D.R.D.C.T.
T. A. WEST SURVEY,
ABSTRACT NO. 1344
D. ANDREWS SURVEY,
ABSTRACT NO. 18
10' UTILITY EASEMENT
VOL. 2580, PG. 486
D.R.D.C.T.
ZONING: PD-22
ZONING: PD-22
T. A. WEST SURVEY,
ABSTRACT NO. 1344
D. ANDREWS SURVEY,
ABSTRACT NO. 18
REMAINDER OF 503.5248 ACRES
TRAMMELL CROW COMPANY NO. 33
VOL.2899, PG. 713
D.R.D.C.T.
(NOT PLATTED)
ZONING: PD-22
NORTH LINE OF
LOT 1, BLOCK 1
AUSTIN RANCH SUBSTATION ADDITION
DOC. NO. 2004-84467
O.R.D.C.T.
SOUTH LINE
CROW-BILLINGSLEY
UMF PLANO, LTD
DOC. NO. 2011-114778
O.R.D.C.T.
POSSIBLE DEED CONFLICT
TD
5
SEED
SEED
13'-15' TYP. COLUMN SPACING
TREES CODE QTY BOTANICAL / COMMON NAME SPECIFICATIONS REMARKS
TD 5 Taxodium distichum / Bald Cypress 3" cal, 14` ht, 5` spr.Full, Single Leader, Straight
PLANT SCHEDULE
MISC.CODE QTY BOTANICAL / COMMON NAME REMARKS
SEED 171,200 SF Cynodon dactylon / Common Bermuda Hydromulch application,
Contractor to install erosion
control mat in areas denoted on
plan
MULCH 75 SF Hardwood 3" Shredded, all trees to receive
4' diameter mulch ring
ER 67,900 SF Curlex Erosion Control Mat or Approved Equal Install per manufacturers
specifications in areas denoted
on plan
Proposed 8" Flexbase, Ref. Civil Plans
Proposed 4" Gravel Pavement with 6" Base Material, Ref. Civil Plans
CAUTION!!
EXISTING UNDERGROUND UTILITIES IN THE AREA CONTRACTOR
IS RESPONSIBLE FOR DETERMINING THE HORIZONTAL AND
VERTICAL LOCATION OF ALL UTILITIES PRIOR TO CONSTRUCTION.
CONTRACTOR SHALL BE RESPONSIBLE FOR ANY REPAIRS TO
EXISTING UTILITIES DUE TO DAMAGE INCURRED DURING
CONSTRUCTION. CONTRACTOR SHALL NOTIFY THE ENGINEER OF
ANY DISCREPANCIES ON THE PLANS.
Kimley-Horn and Associates, Inc.
13455 Noel Road, Suite 700
Dallas, Texas 75240
Contact: Shay Geach P.E.
Phone: (972)770-1360
CITY MON 12 3 1/4" ALUMINUM DISK FOUND
IN CONCRETE IN THE MEDIAN OF WINDHAVEN
PARKWAY, 6.8' NORTH OF THE SOUTH MEDIAN
CURB AND 96.7' WEST OF THE WEST MEDIAN
NOSE AT THE INTERSECTION OF PLANO
PARKWAY.
ELEV=545.45
BM 1 "(" SET ON THE NORTHEAST CORNER
OF A CURB INLET 809.4'± WEST OF THE
INTERSECTION OF THE NORTH R.O.W. LINE OF
WINDHAVEN PARKWAY AND THE WEST R.O.W.
LINE OF PLANO PARKWAY.
ELEV=549.28
BM 2 "(" SET ON THE NOSE OF A MEDIAN IN
PLANO PARKWAY 852'± NORTH OF THE
INTERSECTION OF THE NORTH R.O.W. LINE OF
WINDHAVEN PARKWAY AND THE WEST R.O.W.
LINE OF PLANO PARKWAY.
ELEV=577.53
BENCHMARKS
APPROVED BY THE CITY COUNCIL ON THE
DAY OF 20 .
PLANNING DIRECTOR
Brazos Electric Cooperative, Inc.
7616 Bagby Ave
Waco, TX 76712
Contact: Johnny York
Phone: 254-750-6500
WINDHAVEN
PKWY
PROJECT
LOCATION
LOCATION MAP
N.T.S.
Crow Billingsley WMF Plano, Ltd.
AND University Business Park
1722 Routh St., Suite 770
Dallas, TX 75201
Contact: Henry Billingsley
Phone: 214-270-0983
NORTH
LP 1.01
3/13/20203128
KENZIE L. PORTERP.L.A.
L.A. No.Date
IRRIGATION NOTE:
CONTRACTOR TO TEMPORARILY IRRIGATE
SEED AND TREES UNTIL ESTABLISHMENT
SEED NOTE:
CONTRACTOR TO VERIFY SEED QUANTITIES
POST GRADING. CONTRACTOR TO SEED ALL
DISTURBED AREAS DUE TO CONSTRUCTION
LANDSCAPE PLAN
PLANT HARDINESS NOTE:
BALD CYPRESS HARDINESS ZONE 5-10. AS PUBLISHED BY THE UNITED STATES DEPARTMENT OF
AGRICULTURE, BALD CYPRESS ARE NOT RESTRICTED TO WET SOILS ITS THIN BARK OFFERS
PROTECTION AGAINST DROUGHT CONDITIONS FOR EXTENDED PERIODS OF TIME, ONCE
ESTABLISHED. WITH PROPER WATERING, TREES ARE TYPICALLY ESTABLISHED WITHIN A YEAR AND
TREE STAKING SHOULD BE REMOVED.
59
60
61
PLANO PKWYPLANO PKWYShadowRockGrandHollow
VillageSpringsLost ArborGardenLaurel
FallingWater
Plano PkwyPlano PkwyPlano PkwyPlano PkwyThis map was generated by GIS data provided by The Colony GIS Department. The City of The Colony does not guarantee the cor rectnes s oraccuracy of any features on this map. These digital products are for llus tration purposes only and are not s uitable for s ite-specific decis ion making. /Project No. S P20-0001 - Project N am e: Brazos Electric Josey Substation
Subject Area
Subject Area
Brazos Electric Josey Substation
Agricultural
Bus ines s Park
Bus ines s Park/Industrial
Duplex Dwelling
General Retail
Heavy Commercial
Industrial
Light Commercial
Mobile Home
Neighborhood Serv ice
Office Dis tric t 1
Planned Development
Shopping Center
Single F amily Dwelling
Townhome
62
1
CITY OF THE COLONY, TEXAS
ORDINANCE NO. 2020-_____
SITE PLAN – BRAZOS ELECTRIC JOSEY SUBSTATION
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY,
TEXAS, APPROVING A SITE PLAN APPLICATION FOR AN UNMANNED
ELECTRIC SUBSTATION FACILITY AND STANDALONE TOWER ON AN
APPROXIMATELY 5.59-ACRE TRACT OF LAND LOCATED AT NORTH AND EAST
OF THE NORTHEAST INTERSECTION OF PLANO PARKWAY AND WINDHAVEN
PARKWAY, WITHIN THE PLANNED DEVELOPMENT 22 (PD-22) ZONING
DISTRICT PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALER
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission and the City Council of the City of
The Colony, Texas, in compliance with the laws of the State of Texas, and the Code of Ordinances
of the City of The Colony, Texas, and the City Council of the City of The Colony, Texas, is of the
opinion and finds that Site Plan Application No. SP20-0001 for an unmanned electric substation
facility and standalone tower on an approximately 5.59-acre tract of land located at north and
east of the northeast intersection of Plano Parkway And Windhaven Parkway, within the Planned
Development 22 (PD-22) Zoning District should be approved.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS:
SECTION 1. That the findings set forth above are incorporated into the body of this
Ordinance as if fully set forth herein.
SECTION 2.That the City Council of the City of The Colony, Texas, does hereby
approve the Site Plan, a copy of which is attached hereto as Exhibit A of this Ordinance.
SECTION 3.That it is hereby declared to be the intention of the City Council of the
City of The Colony, Texas, that the phrases, clauses, sentences, paragraphs and sections of this
Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this
Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of
competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases,
clauses, sentences, paragraphs and sections of this Ordinance, since the same would have been
enacted by the City Council without the incorporation of this Ordinance of any such
unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 4. That any provision of any prior ordinance of the City whether codified or
uncodified, which are in conflict with any provision of this Ordinance, are hereby repealed to the
extent of the conflict, but all other provisions of the ordinances of the City whether codified or
uncodified, which are not in conflict with the provisions of this Ordinance, shall remain in full
force and effect.
SECTION 5. That this Ordinance shall become effective immediately upon its passage.
63
2
PASSED AND APPROVED by the City Council of the City of The Colony, Texas,
this 7th day of April, 2020.
Joe McCourry, Mayor
ATTEST:
Tina Stewart, City Secretary
APPROVED AS TO FORM:
Jeff Moore, City Attorney
64
Agenda Item No:4.7
CITY COUNCIL Agenda Item Report
Meeting Date: April 7, 2020
Submitted by: David Coulon
Submitting Department: Police
Item Type: Miscellaneous
Agenda Section:
Subject:
Consider approving and accepting the Police Department Annual Traffic Stop Report. (Coulon)
Suggested Action:
No action needed other than approving the item in order to create an official record the report was shown to
Council as Texas law requires.
Attachments:
Blais and Associates.pdf
2019 Racial Profiling Report Full.pdf
65
66
David Coulon • Chief of Police
The Colony Police Department
5151 N. Colony Blvd.
The Colony, TX 75056
February 25, 2020
The Colony City Council
6800 Main Street
The Colony, TX 75056
Dear Distinguished Members of the City Council:
The Texas Racial Profiling Law requires The Colony Police Department, along with all other law
enforcement agencies in Texas, to collect certain information about motor vehicle traffic stops
conducted by the department’s officers. During the past year, The Colony Police Department has
collected traffic and motor vehicle data for the purpose of identifying and addressing, if necessary, areas
of concern regarding racial profiling practices.
The Colony Police Department fully complies with the Texas Racial Profiling Law by detailing the gender,
race and ethnicity of all persons issued a citation or arrested in conjunction with a traffic stop or motor-
vehicle contact. In addition, officers document whether a vehicle search was conducted, a description of
any contraband discovered during the search, and whether officers used force resulting in bodily injury
during the stop.
It is a requirement of the reporting law to present the report to The Colony City Council. The following
pages are the report submitted to the State of Texas as required by law.
The Colony Police Department prohibits the practice of racial profiling and the department is in full
compliance with Texas Racial Profiling Law.
Sincerely,
David Coulon
Chief of Police
67
Racial Profiling Report | Full
_______________________________________________________________________________________________________________________________
Reporting Date: 02/25/2020
Agency Name: THE COLONY POLICE DEPT.
TCOLE Agency Number: 121222
Chief Administrator: DAVID C. COULON
Agency Contact Information:
Phone: (972) 625-1887
Email: dcoulon@thecolonytx.gov
Mailing Address:
5151 N. COLONY BLVD.
THE COLONY, TX 75056
This Agency filed a full report
THE COLONY POLICE DEPT. has adopted a detailed written policy on racial profiling. Our policy:
1.) clearly defines acts constituting racial profiling;
2.) strictly prohibit peace officers employed by the THE COLONY POLICE DEPT. from engaging in racial profiling;
3.) implements a process by which an individual may file a complaint with the THE COLONY POLICE DEPT. if the
individual believes that a peace officer employed by the THE COLONY POLICE DEPT. has engaged in racial
profiling with respect to the individual;
4.) provides public education relating to the agency's complaint process;
5.) requires appropriate corrective action to be taken against a peace officer employed by the THE COLONY POLICE
DEPT. who, after an investigation, is shown to have engaged in racial profiling in violation of the THE COLONY
POLICE DEPT. policy adopted under this article;
6.) require collection of information relating to motor vehicle stops in which a citation is issued and to arrests made as
a result of those stops, including information relating to:
a.) the race or ethnicity of the individual detained;
b.) whether a search was conducted and, if so, whether the individual detained consented to the search; and
c.) whether the peace officer knew the race or ethnicity of the individual detained before detaining that
individual; and
7.) require the chief administrator of the agency, regardless of whether the administrator is elected, employed, or
appointed, to submit an annual report of the information collected under Subdivision(6) to:
a.) the Commission on Law Enforcement; and
b.) the governing body of each county or municipality served by the agency, if the agency is an agency of a
county, municipality, or other political subdivision of the state.
Executed by: JAMES A. WOODARD, Sergeant, Professional Standards
Date: 02/25/2020
1 of 3
68
Motor Vehicle Racial Profiling Information
Total stops: 15546
_______________________________________________________________________________________________________________________________
Gender
Female 5900
Male 9646
Race / Ethnicity
Black 3471
Asian / Pacific Islander 721
Hispanic / Latino 8992
White 2310
Alaska Native / American
Indian
36
Was race or ethnicity known prior to stop?
Yes 97
No 15449
Reason for stop?
Violation of law 327
Preexisting knowledge 192
Moving traffic violation 8993
Vehicle traffic violation 6034
Street address or approximate location of the stop
City street 14456
US highway 0
County road 610
State highway 408
Private property or other 72
Was a search conducted?
Yes 507
No 15039
Reason for Search?
consent 76
contraband 3
probable 277
inventory 52
2 of 3
69
ncident to arrest 99
Was Contraband discovered?
Yes 234
No 273
Description of contraband
Drugs 214
Currency 2
Weapons 3
Alcohol 10
Stolen property 2
Other 3
Result of the stop
Verbal warning 5045
Written warning 6234
Citation 4267
Written warning and arrest 97
Citation and arrest 106
Arrest 600
Arrest based on
Violation of Penal Code 108
Violation of Traffic Law 8
Violation of City Ordinance 0
Outstanding Warrant 484
Was physical force resulting in bodily injury used during stop?
Yes 1
No 15545
Submitted electronically to the
The Texas Commission on Law
Enforcement
3 of 3
70
Agenda Item No:4.8
CITY COUNCIL Agenda Item Report
Meeting Date: April 7, 2020
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Ordinance
Agenda Section:
Subject:
Consider approving an ordinance declaring a local state of disaster due to a public health emergency
(COVID-19) making findings related thereto; providing a penalty of a fine not to exceed One Thousand Dollars
($1,000) or confinement in jail for a term that exceeds 180 days, in accordance with section 418.173 of the
Texas Government Code. (Coulon)
Suggested Action:
Attachments:
Ord. 2020-xxxx COVID-19 - Coronavirus.docx
71
CITY OF THE COLONY, TEXAS
ORDINANCE NO.2020 - ______
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, DECLARING A LOCAL STATE OF DISASTER DUE
TO A PUBLIC HEALTH EMERGENCY; MAKING FINDINGS RELATED
THERETO; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
PENALTY OF A FINE NOT TO EXCEED ONE THOUSAND DOLLARS
($1,000) OR CONFINEMENT IN JAIL FOR A TERM THAT EXCEEDS 180
DAYS, IN ACCORDANCE WITH SECTION 418.173 OF THE TEXAS
GOVERNMENT CODE FOR EACH AND EVERY OFFENSE; AND
PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
WHEREAS, beginning in or about December 2019, a novel coronavirus, now designated
COVID-19, has spread through the world and has now been declared a global pandemic by the
World Health Organization; and
WHEREAS, symptoms of COVID-19 include fever, coughing, and shortness of breath
and, in some cases, the virus has caused death; and
WHEREAS, the City of The Colony, Texas, is taking extraordinary measures to prevent
the spread of this potentially devastating disease in our community; and
WHEREAS, prudence dictates that extraordinary measures must be taken to contain
COVID-19 and prevent its spread throughout the City of The Colony, including the quarantine of
individuals, groups of individuals and occupied structures and, additionally, including compelling
individuals, groups of individuals, or occupied structures to undergo additional health measures
that prevent or control the spread of the virus; and
WHEREAS,on or about Friday, March 13, 2020, Texas Governor Greg Abbott declared
a state of disaster in every Texas county, and thereafter Denton County declared a local state of
disaster, due to public health emergency; and
WHEREAS, on or about Tuesday, March 31, 2020, Texas Governor Greg Abbott issued
Executive Order GA-14 providing further guidance in addressing COVID-19 preparedness and
mitigation; and
WHEREAS, the Governor’s Executive Order GA-14 provides that the Executive Order
shall remain in full force and effect until April 30, 2020, unless it is modified, amended, rescinded
or superseded by the Governor; and
WHEREAS,Section 418.173 of the Texas Government Code provides the following:
Sec. 418.173. PENALTY FOR VIOLATION OF EMERGENCY
MANAGEMENT PLAN.
72
Page 2
(a) A state, local, or interjurisdictional emergency management plan may provide
that failure to comply with the plan or with a rule, order, or ordinance adopted under
the plan is an offense.
(b)The plan may prescribe a punishment for the offense but may not prescribe a
fine that exceeds $1,000 or confinement in jail for a term that exceeds 180 days.
WHEREAS,this Ordinance is adopted pursuant to the authority contained in the Texas
Disaster Act of 1975, Section 122.006 of the Texas Health and Safety Code, section 418.173 of
the Texas Government Code, and the home-rule authority contained in article XI, section 5 of the
Texas Constitution; and
WHEREAS,nothing in this Ordinance shall prohibit the Mayor from issuing a subsequent
Declaration in the event matters not addressed by this Ordinance arise and require immediate
action.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS:
SECTION 1.The findings set forth above are incorporated into the body of this Ordinance
as if fully set forth herein.
SECTION 2.A local state of disaster due to public health emergency is hereby declared
for the City of The Colony, Texas, pursuant to Section 418.108 of the Texas Government Code.
SECTION 3.Pursuant to Section 418.108(b) of the Texas Government Code, the state of
disaster due to public health emergency shall continue from the date of adoption of this Ordinance
to 11:59 p.m. on Thursday, April 30, 2020, unless action is taken by the City Council of the City
of The Colony, Texas, to repeal, extend or otherwise amend this Ordinance.
SECTION 4.Pursuant to Section 418.108(c) of the Texas Government Code, this
Ordinance of a local state of disaster due to public health emergency shall be given prompt and general
publicity and shall be filed promptly with the City Secretary.
SECTION 5.Pursuant to Section 418.108(d) of the Texas Government Code, this
Ordinance of a local state of disaster activates the City of The Colony’s Emergency Management Plan
SECTION 6.This Ordinance authorizes the City to take any actions necessary to promote
health and suppress the virus, including the quarantine of persons and occupied structures, examining
and regulating hospitals, regulating ingress and egress from the City, regulating ingress and egress to
occupied structures, and insuring compliance for those who do not comply with the City’s rules,
pursuant to Section 122.006 of the Texas Health and Safety Code.
SECTION 7.The City Council of the City of The Colony, Texas, and essential and
necessary attendees shall be exempt from this Ordinance for scheduled public meetings, whether a
regular, work session, special or emergency meeting. The foregoing shall use best efforts to provide
73
Page 3
adequate social distancing duringany scheduled meetings, including any closed sessions. Whenever
possible, teleconferencing shall be utilized for meetings held under this Section.
SECTION 8.Beginning immediately and until April 30, 2020 at 11:59 p.m.:
(a)All individuals currently living within the City of The Colony are ordered to STAY
AT HOME. For the purposes of this Ordinance, residences include hotels, motels,
shared rentals, and similar facilities. To the extent individuals are using shared or
outdoor spaces, they must at all times as reasonably as possible maintain social
distancing of at least six feet (6’) from any other person when they are outside their
residence. All persons may leave their residences only for Essential Activities, or to
provide or perform Essential Governmental Functions, or to operate Essential
Businesses, all as further defined herein.
(b)All businesses operating within the City of The Colony, except Essential Businesses
as defined herein are required to cease all activities at facilities located within the City
of The Colony. For clarity, businesses may continue operations consisting exclusively
of employees or contractors performing activities at their own residences (i.e.,
working from home). To the greatest extent possible, all Essential Businesses shall
comply with the Social Distancing Guidelines set forth by the CDC, including
maintaining six-foot (6’) social distancing for both employees and the general public.
(c)All public or private gatherings of any number of people occurring outside a single
household or living unit are prohibited, except as otherwiseprovided herein. Nothing
in this Ordinance prohibits the gathering of members of a household or living unit.
(d)Restaurants with or without drive-in or drive-through services and microbreweries,
micro-distilleries, or wineries may only provide take out, delivery, or drive-through
services as allowed by law.
(e)Pursuant to Executive Order GA-14, if religious and worship services cannot be
conducted from home or through remote services, they shall be conducted consistent
with the Social Distancing Guidelines as set forth by presidential guidelines and the
CDC, including six-foot (6’) social distancing. Funerals are allowed with appropriate
social distancing.
(f)Definitions:
(1)For purposes of this Ordinance, individuals may leave their residence only to perform
any of the following “Essential Activities”:
(A)To engage in activities or perform tasks essential to their health and safety, or
to the health and safety of their family or household members including pets
and livestock (for example, obtaining medical supplies or medication, visiting
a health care professional or obtaining supplies needed to work from home).
74
Page 4
(B)To obtain necessary services or supplies for themselves and their family or
household members, or to deliver those services or supplies to others (for
example, food, pet supply, and any other household consumer products, and
products necessary to maintain the safety, sanitation, and essential operation
of residences).
(C)To engage in outdoor activity, provided the individuals comply with social
distancing requirements of six feet (6’), except as family unit. Examples of
outdoor activities include walking, biking, hiking or running. Operators of
golf courses and equestrian stables shall clean hard surfaces in accordance
with CDC guidelines, minimize “touch points,” comply with all social
distancing requirements and take appropriate actions to reduce the spread of
COVID-19. Use of public and homeowners’ association-owned playground
equipment, amenity centers, community pools and other HOA facilities is
prohibited.
(D)To perform work providing essential products and services at an Essential
Business or to otherwise carry out activities specifically permitted in this
Ordinance.
(E)To care for a family member or pet in another household.
(2)For purposes of this Ordinance, “Essential Businesses” means:
(A)Essential Healthcare Operations. Healthcare operations, including hospitals,
clinics, dentists, pharmacies, pharmaceutical and biotechnology companies,
other healthcare facilities, healthcare suppliers, mental health providers,
substance abuse service providers, blood banks, medical research, laboratory
services, or any related and/or ancillary healthcare services. Home-based and
residential-based care for seniors, adults, or children are also considered
healthcare operations. Healthcare operations also includes veterinary care and
all health and welfare services provided to animals. This exemption shall be
viewed broadly to avoid any impacts to the delivery of healthcare. Healthcare
operations do not include fitness and exercise gyms and similar facilities
(B)Essential Government Functions. All services provided by local governments
needed to ensure the continuing operation of the government agencies to
provide for the health, safety and welfare of the public. Further, nothing in
this Ordinance shall prohibit any individual from performing or accessing
“Essential Government Functions.” All Essential Government Functions shall
be performed in compliance with social distancing requirements of six feet
(6’), to the extent possible.
(C)Essential Critical Infrastructure. Work necessary to the operations and
maintenance of the critical infrastructure sectors as identified by the National
Cybersecurity and Infrastructure Agency’s (CISA) March 28, 2020,
75
Page 5
“Guidance on the Essential Critical Infrastructure Workforce: Ensuring
Community and National Resilience in COVID-19 Response,” as may be
amended from time to time and which amendments are hereby incorporated
by reference, a copy of which can be found online at
https://www.cisa.gov/sites/default/files/publications/CISA_Guidance_on_the
_Essential_Critical_Infrastructure_Workforce_508C_0.pdf, including public
works construction, residential and commercial construction, airport
operations, water, sewer, gas, electrical, oil refining, roads and highways,
public transportation, solid waste collection and removal, Internet, and
telecommunications systems (including the provision of essential global,
national, and local infrastructure for computing services, business
infrastructure, communications, and web-based services), banks, financial
institutions, pawn shops, safety and security-related services, retail firearm
sales, defense and national security-related operations, elimination of
hazardous materials, essential manufacturing operations provided that they
carry out those services or that work in compliance with social distancing
requirements of six feet (6’), to the extent possible. Essential Businesses
providing essential infrastructure should implement screening precautions to
protect employees and all activity shall be performed in compliance with
social distancing guidelines as set forth by the CDC.
(D)Essential Retail. Food service and household providers, including grocery
stores, warehouse stores, big-box stores, liquor stores, gas stations and
convenience stores, and farmers’ markets. Food gathering, including farming,
hunting, fishing and livestock to the extent allowed by law. Businesses that
ship or deliver groceries, food, goods or services directly to residences.
Restaurants and other facilities that prepare and serve food, but only for
delivery, carry out or drive thru. Schools and other entities that typically
provide free services to students or members of the public on a pick-up and
take-away basis only. The restriction of delivery or carry out does not apply
to cafes and restaurants located within hospitals and medical facilities.
Laundromats, dry cleaners, and laundry service providers. Gas stations, auto-
supply, auto and bicycle repair shops, construction supply stores and hardware
stores. Businesses that supply products needed for people to work from home.
(E)Providers of Basic Necessities to Economically Disadvantaged Populations.
Businesses, including nonprofit organizations, that provide food, shelter, and
social services, and other necessities of life for economically disadvantaged or
otherwise needy individuals.
(F)Essential Services Necessary to Maintain Essential Operations of Residences
or Other Essential Businesses. Trash and recycling collection, processing and
disposal, mail and shipping services, building cleaning, maintenance and
security, warehouse/distribution and fulfillment, storage for essential
businesses, funeral homes, crematoriums and cemeteries. Plumbers,
electricians, exterminators, and other service providers who provide services
76
Page 6
that are necessary to maintaining the safety, sanitation, and essential
operations of residences and Essential Businesses. Professional services, such
as legal or accounting services, when necessary to assist in compliance with
legally mandated activities. Businesses that supply other essential businesses
with support or supplies needed to operate.
(G)News Media. Newspapers, television, radio, and other media services.
(H)Childcare Services. Childcare facilities providing services that enable
employees exempted in this Ordinance to work as permitted.
(3)Grocery stores, supermarkets, warehouse stores, hospitals, and medical facilities are
experiencing high levels of demand for a large number of products, requiring more
deliveries from manufacturers and distribution centers to serve their customers. Due
to the need to deliver products as quickly and efficiently as possible during this critical
timeframe, this Ordinance hereby suspends all delivery hour restrictions for transport
to or from any entity involved in the selling or distribution of food products, medicine,
or medical supplies within The Colonyfor the next sixty (60) days from the effective
date of this Ordinance.
(4)If someone in a household has tested positive for coronavirus, the household is ordered
to isolate at home. Members of the household cannot go to work, school, or any other
community function.
(5)Nursing homes, retirement, assisted living centers and long-term care facilities are
instructed by this Ordinance to prohibit non-essential visitors from accessing their
facilities unless to provide critical assistance or for end-of-life visitation.
SECTION 9.This Ordinance hereby authorizes the use of all lawfully available
enforcement tools.
SECTION 10. If any section, article paragraph, sentence, clause, phrase or word in this
ordinance, or application thereto any persons or circumstances is held invalid or unconstitutional by
a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions
of this ordinance; and the City Council hereby declares it would have passed such remaining portions
of this Ordinance despite such invalidity, which remaining portions shall remain in full force and
effect.
SECTION 11. This Ordinance is adopted in compliance with the City’s Emergency
Management Plan and Section 418.173 of the Texas Government Code. Therefore, any person,
firm or corporation violating any of the provisions of this Ordinance commits an offense,
punishable by a fine up to $1,000.00, or confinement in jail for a term not to exceed 180 days, and
each and every day such violation shall continue shall be deemed to constitute a separate offense.
SECTION 12. This Ordinance shall become effective immediately upon its passage and
publication as required by law.
77
Page 7
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, THIS 7
TH DAY OF APRIL, 2020.
Joe McCourry, Mayor
ATTEST:
Tina Stewart, City Secretary
APPROVED AS TO FORM:
Jeff Moore, City Attorney
78
Agenda Item No:4.9
CITY COUNCIL Agenda Item Report
Meeting Date: April 7, 2020
Submitted by: Mayra Sullivan
Submitting Department: City Secretary
Item Type: Ordinance
Agenda Section:
Subject:
Consider approving an ordinance amending Chapter 7, Article II, of the Code of Ordinances, entitled
“Emergency Management” by amending Section 7-37, entitled “Authority for enforcement; penalty” by providing
for penalty and enforcement during declared disasters. (Coulon)
Suggested Action:
Attachments:
Ord. 2020-xxxx Amending Emergency Management Plan Ordinance - Enforcement - Penalty Provision.docx
79
CITY OF THE COLONY, TEXAS
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, AMENDING CHAPTER 7, ARTICLE II, OF THE
CODE OF ORDINANCES, ENTITLED “EMERGENCY MANAGEMENT”
BY AMENDING SECTION 7-37, ENTITLED “AUTHORITY FOR
ENFORCEMENT; PENALTY” BY PROVIDING FOR PENALTY AND
ENFORCEMENT DURING DECLARED DISASTERS; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVIDING A PENALTY OF A FINE NOT TO EXCEED ONE
THOUSAND DOLLARS ($1,000) FOR EACH AND EVERY OFFENSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS,Chapter 418 of the Texas Local Government Code addresses declared disasters;
and
WHEREAS,Section 418.173 of the Texas Government Code provides the following:
Sec. 418.173. PENALTY FOR VIOLATION OF EMERGENCY
MANAGEMENT PLAN.
(a) A state, local, or interjurisdictional emergency management plan may
provide that failure to comply with the plan or with a rule, order, or ordinance
adopted under the plan is an offense.
(b)The plan may prescribe a punishment for the offense but may not prescribe a
fine that exceeds $1,000 or confinement in jail for a term that exceeds 180
days.
WHEREAS,the City Council has discussed and considered such revisions and has
determined that it is in the best interest of the City to amend Section 7-37 of the Code of Ordinances
to better address the penalty and enforcement during declared disasters.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS:
SECTION 1. The findings set forth above are incorporated into the body of this Ordinance
as if fully set forth herein.
SECTION 2.That the Code of Ordinances of the City of The Colony, Texas, is hereby
amended by amending Chapter7, Article II, by amending section7-37, which shall read asfollows:
“Sec. 7-37.Authority for enforcement; penalty.
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(a) During a declaration of disaster by order of the Governor of the State of Texas,
Denton County Judge, Commissioners Court of Denton County, Mayoral
Declaration, or ordinance declaring a disaster by the City Council pursuant to
Chapter 418 of the Texas Government Code, as amended, the members of the police
force of this city, may issue citations to enforce said orders. Any person, firm or
corporation violating any of the provisions of this Ordinance commits a Class C
misdemeanor offense, punishable by a fine up to $1,000.00. Each and every day
such violation shall continue shall be deemed to constitute a separate offense.
(b)The members of the police force of this city and other law enforcement agencies
have jurisdiction or as otherwise authorized by the mayor, the public health
department, the fire department, or such other persons as authorized by the mayor,
are hereby authorized and directed to enforce the orders, rules, and regulations
made or issued pursuant to this article.”
SECTION 3.If any section, article paragraph, sentence, clause, phrase or word in this
ordinance, or application thereto any persons or circumstances is held invalid or unconstitutional by
a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions
of this ordinance; and the City Council hereby declares it would have passed such remaining portions
of this Ordinance despite such invalidity, which remaining portions shall remain in full force and
effect.
SECTION 4.That all provisions of the Ordinances of the City of The Colony, Texas, in
conflict with the provisions of this ordinance be, and the same are hereby amended, repealed, and all
other provisions of the Ordinances of the City not in conflict with the provisions of this ordinance
shall remain in full force and effect.
SECTION 5.Any person, firm, or corporation violating any of the provisions of this
ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court
of the City of The Colony, Texas, shall be punished by a fine not to exceed the sum of One
Thousand Dollars ($1,000.00) for each offense. Every day a violation occurs shall constitute a
separate offense.
SECTION 6. This Ordinance shall become effective immediately upon its passage and
publication as required by law.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, THIS 7
TH DAY OF APRIL, 2020.
Joe McCourry, Mayor
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ATTEST:
Tina Stewart,TRMC, City Secretary
APPROVED AS TO FORM:
Jeff Moore, City Attorney
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