HomeMy WebLinkAbout2020 0421CITY OF THE COLONY
CITY COUNCIL AGENDA
TUESDAY, APRIL 21, 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 21, 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 Proclamation: Child Abuse Awareness Month (Council)
1.6 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 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 April 7, 2020. (Stewart)
4.2 Consider approving Council expenditures for the month of February and March 2020. (Council)
4.3 Consider approving a resolution authorizing the City Manager to deny Oncor Electric Delivery Company
LLC's requested rate change. (Cranford)
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REGULAR SESSION of the CITY COUNCIL Agenda
Meeting Date: 04/21/2020
Page - 2
4.4 Discussion 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. (Council)
5 REGULAR AGENDA ITEMS
5.1 Discuss and consider making a nomination by resolution for a candidate to serve on the Denco Area
9-1-1 District Board of Managers for a two year term beginning October 1, 2020. (Council)
6 EXECUTIVE SESSION
6.1 Council shall convene into a closed executive session pursuant to Section 551.072 of the Texas
Government Code to deliberate the purchase, exchange, lease, or value of real property.
7 EXECUTIVE SESSION ACTION
7.1 Any action as a result of executive session regarding the purchase, exchange, lease, or value of real
property.
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.
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:1.5
CITY COUNCIL Agenda Item Report
Meeting Date: April 21, 2020
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Proclamation
Agenda Section:
Subject:
Proclamation: Child Abuse Awareness Month (Council)
Suggested Action:
Attachments:
Child Abuse Awareness Proclamation.doc
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MAYORAL PROCLAMATION
WHEREAS, child victims of abuse and neglect need and deserve support and
assistance to help them cope with the tragedies in their young lives; and
WHEREAS,National Child Abuse Awareness Month in April offers us all
the opportunity to promote and support programs that offer protection and safety for
our community’s children; and
WHEREAS, Court Appointed Special Advocates of Denton County (CASA)
has been providing important life-altering services to children in Denton County who
have been removed from their homes due to abuse or neglect for 28 years; and
WHEREAS, more than 1,000 children from Denton County were in foster
homes or residential treatment centers in 2019 due to abuse and/or neglect; 20
children from The Colony were served by CASA during 2019; and
WHEREAS, The Colony, Texas is a place where citizens truly care about
each other and work as a community dedicated to protecting our youth and helping
them thrive and survive the trauma they have experienced; and
WHEREAS, ittakes commitment from all individuals and organizations in a
community working together to surround these children with positive relationships
and experiences, love, guidance, and protection,
NOW THEREFORE, in honor of all children in Denton County, I, Joe
McCourry,Mayorof the City of The Colony, Texas do hereby proclaim the month of
April 2020 as “Child Abuse Awareness Month”, and commend the more than 200
community volunteers, 8 of whom are residents of The Colony, for their work in
advocating for children during this difficult time in their lives.
Signed and sealed this 21st day of April, 2020.
Joe McCourry, Mayor
ATTEST:
______________________________
Tina Stewart, TRMC, City Secretary
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Agenda Item No:3.1
CITY COUNCIL Agenda Item Report
Meeting Date: April 21, 2020
Submitted by: Mayra Sullivan
Submitting Department: City Secretary
Item Type: Miscellaneous
Agenda Section:
Subject:
Council to provide direction to staff regarding future agenda items. (Council)
Suggested Action:
Attachments:
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Agenda Item No:4.1
CITY COUNCIL Agenda Item Report
Meeting Date: April 21, 2020
Submitted by: Mayra Sullivan
Submitting Department: City Secretary
Item Type: Minutes
Agenda Section:
Subject:
Consider approving City Council Regular Session meeting minutes for April 7, 2020. (Stewart)
Suggested Action:
Attachments:
April 7, 2020 DRAFT Minutes.docx
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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
APRIL 7, 2020
The Regular Session of the City Council of the City of The Colony, Texas, was called to order
at 6:31 p.m. on the 7
th day of April, 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 ROUTINE ANNOUNCEMENTS, RECOGNITIONS and PROCLAMATIONS
1.1 Call to Order
Mayor McCourry called the meeting to order at 6:31 p.m.
1.2 Invocation
Deputy Mayor Pro Tem Richard Boyer 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 Items of Community Interest
Mayor expressed his appreciation in how the community has been regarding
compliance with the orders and local disaster declarations issued by Governor
Greg Abbott, Denton County Judge Andy Eads and the City Council. Mayor
reminded the community that the stay-home orders are mandatory, and encouraged
residents to continue to do their part to stay safe in order to keep everyone healthy.
Councilman Marks requested input from staff in regards to noticeable increase in
wastewater flow through the city's treatment plant. City Manager, Troy Powell
provided a brief update and encouraged residents to protect their pipes by only
flushing items that belong in the wastewater system. Mr. Powell provided resource
information on what is safe and what is not safe, all available on the city's website.
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City Council – Regular Meeting Agenda
April 7, 2020
Page| 2
Mayor Pro Tem Terre recognized Library Director, Megan Charters and staff for
being proactive in their efforts to mobilize the public library and being more
accessible to the community during these uncertain times.
2.0 CITIZEN INPUT
Arthel Martin, 4008 Steepleridge Drive, spoke concerning a response letter he received
from Senator Jane Nelson regarding concerns at a local Sport Bar & Grill.
3.0 WORK SESSION
3.1 Discuss Public Information Requests Quarterly Report as presented for Council
review.
No discussion.
3.2 Council to provide direction to staff regarding future agenda items.
None
4.0 CONSENT AGENDA
Motion to approve all items from the Consent Agenda with the exception of Agenda Item No.
4.8- Marks; second by Mikulec, motion carried with all ayes.
4.1 Consider approving City Council Regular Session meeting minutes for March 3,
2020 and Special Session meeting minutes for March 23, 2020.
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 $290,054 to address other needed
City projects.
RESOLUTION NO. 2020-015
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.
RESOLUTION NO. 2020-016
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.
RESOLUTION NO. 2020-017
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City Council – Regular Meeting Agenda
April 7, 2020
Page| 3
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.
RESOLUTION NO. 2020-018
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.
ORDINANCE NO. 2020-2392
4.7 Consider approving and accepting the Police Department Annual Traffic Stop
Report.
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.
**Item pulled from the agenda and moved to the April 21, 2020 Agenda**
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.
ORDINANCE NO. 2020-2393
5.0 REGULAR AGENDA ITEMS
6.0 EXECUTIVE SESSION
7.0 EXECUTIVE SESSION ACTION
ADJOURNMENT
With there being no further business to discuss the meeting was adjourned at 6:50 p.m.
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City Council – Regular Meeting Agenda
April 7, 2020
Page| 4
APPROVED:
________________________________
Joe McCourry, Mayor
City of The Colony
ATTEST:
_______________________________
Tina Stewart, TRMC
City Secretary
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Agenda Item No:4.2
CITY COUNCIL Agenda Item Report
Meeting Date: April 21, 2020
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Expenditures
Agenda Section:
Subject:
Consider approving Council expenditures for the month of February and March 2020. (Council)
Suggested Action:
Attachments:
Council February Expenditures.pdf
Council March Expenditures.pdf
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Agenda Item No:4.3
CITY COUNCIL Agenda Item Report
Meeting Date: April 21, 2020
Submitted by: David Cranford
Submitting Department: Finance
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to deny Oncor Electric Delivery Company LLC's
requested rate change. (Cranford)
Suggested Action:
The Steering Committee of Cities Served by Oncor has advised the City to deny Oncor's request for a $75.9
million increase in revenues until the request can be fully examined.
Attachments:
Res. 2020-xxx Oncor Electric Delivery Company LLC - Denial Request
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1669/52/8041053
RESOLUTION NO. 2020 - ______
A RESOLUTION OF THE CITY OF THE COLONY, TEXAS
FINDING THAT ONCOR ELECTRIC DELIVERY
COMPANY LLC’S APPLICATION FOR APPROVAL TO
AMEND ITS DISTRIBUTION COST RECOVERY FACTOR
TO INCREASE DISTRIBUTION RATES WITHIN THE
CITY SHOULD BE DENIED; AUTHORIZING
PARTICIPATION WITH ONCOR CITIES STEERING
COMMITTEE; AUTHORIZING THE HIRING OF LEGAL
COUNSEL AND CONSULTING SERVICES; FINDING
THAT THE CITY’S REASONABLE RATE CASE EXPENSES
SHALL BE REIMBURSED BY THE COMPANY; FINDING
THAT THE MEETING AT WHICH THIS RESOLUTION IS
PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY
LAW; REQUIRING NOTICE OF THIS RESOLUTION TO
THE COMPANY AND LEGAL COUNSEL.
WHEREAS, the City of The Colony, Texas (“City”) is an electric utility customer of Oncor
Electric Delivery Company LLC (“Oncor” or “Company”), and a regulatory authority with an
interest in the rates and charges of Oncor; and
WHEREAS, the Oncor Cities Steering Committee (“OCSC”) is a coalition of similarly
situated cities served by Oncor that have joined together to efficiently and cost effectively review
and respond to electric issues affecting rates charged in Oncor’s service area in matters before the
Public Utility Commission (“Commission”) and the courts; and
WHEREAS, on or about April 3, 2020, Oncor filed with the Commission an Application
to Amend its Distribution Cost Recovery Factor (“DCRF”), Commission Docket No. 50734,
seeking to increase distribution rates by $75.9 million annually (an approximately $0.88 increase
to the average residential customer’s bill); and
WHEREAS, the City of The Colony will cooperate with OCSC in coordinating their
review of Oncor’s DCRF filing with designated attorneys and consultants, prepare a common
response, negotiate with the Company, and direct any necessary litigation, to resolve issues in the
Company’s filing; and
WHEREAS, all electric utility customers residing in the City will be impacted by this
ratemaking proceeding if it is granted; and
WHEREAS, working with the OCSC to review the rates charged by Oncor allows
members to accomplish more collectively than each city could do acting alone; and
WHEREAS, OCSC’s members and attorneys recommend that members deny Oncor’s
DCRF.
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1669/52/8041053
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS:
SECTION 1. That the City is authorized to participate with OCSC in Commission Docket
No. 50734.
SECTION 2. That, subject to the right to terminate employment at any time, the City of
The Colonyhereby authorizes the hiring of the law firm of Lloyd Gosselink Rochelle & Townsend,
P.C. and consultants to negotiate with the Company, make recommendations to the City regarding
reasonable rates, and to direct any necessary administrative proceedings or court litigation
associated with an appeal Oncor’s DCRF application.
SECTION 3. That the rates proposed by Oncor to be recovered through its DCRF charged
to customers located within the City limits, are hereby found to be unreasonable and shall be
denied.
SECTION 4. That the Company shall continue to charge its existing rates to customers
within the City.
SECTION 5. That the City’s reasonable rate case expenses shall be reimbursed in full by
Oncor within 30 days of the adoption of this Resolution.
SECTION 6. That it is hereby officially found and determined that the meeting at which
this Resolution is passed is open to the public as required by law and the public notice of the time,
place, and purpose of said meeting was given as required.
SECTION 7. That a copy of this Resolution shall be sent to Tab Urbantke, Attorney for
Oncor, at Hunton Andrews Kurth LLP, 1445 Ross Avenue, Suite 3700, Dallas, Texas 75202, and
to Thomas Brocato, General Counsel to OCSC, at Lloyd Gosselink Rochelle & Townsend, P.C.,
P.O. Box 1725, Austin, TX 78767-1725, or tbrocato@lglawfirm.com.
PASSED AND APPROVED by the City Council of the City of The Colony, Texas this 21st
day of April, 2020.
_________________________________
Joe McCourry, Mayor
City of The Colony, Texas
ATTEST:
___________________________________
Tina Stewart, TRMC, City Secretary
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1669/52/8041053
APPROVED AS TO FORM:
___________________________________
Jeff Moore, City Attorney
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Agenda Item No:4.4
CITY COUNCIL Agenda Item Report
Meeting Date: April 21, 2020
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Ordinance
Agenda Section:
Subject:
Discussion 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. (Council)
Suggested Action:
Attachments:
44
Agenda Item No:5.1
CITY COUNCIL Agenda Item Report
Meeting Date: April 21, 2020
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Resolution
Agenda Section:
Subject:
Discuss and consider making a nomination by resolution for a candidate to serve on the Denco Area 9-1-1
District Board of Managers for a two year term beginning October 1, 2020. (Council)
Suggested Action:
Attachments:
Denco Area 9-1-1 District Board of Managers Nomination Docs.pdf
Res. 2019-xxx Denco 911 Board Nomination of 2020 Candidate.doc
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CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2019 - _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS, NOMINATING ONE MEMBER TO
THE BOARD OF MANAGERS OF THE DENCO AREA 9-1-1
EMERGENCY COMMUNICATION DISTRICT AND
PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
WHEREAS,Section 772, Health and Safety Code, provides that twovoting members of the
Board of Managers of an Emergency Communications District shall be appointed jointly by all cities
and towns lying wholly or partly within the District.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
THE COLONY, TEXAS:
SECTION 1.That the City of The Colony hereby nominates David Terreas a member of the
Board of Managers for the Denco Area 9-1-1 Emergency Communication District.
SECTION 2.That this Resolution shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED by the City Council of the City of The Colony, Texas, this
21st day of April, 2020.
Joe McCourry, Mayor
ATTEST:
Tina Stewart, TRMC, City Secretary
APPROVED AS TO FORM:
Jeff Moore, City Attorney
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Agenda Item No:6.1
CITY COUNCIL Agenda Item Report
Meeting Date: April 21, 2020
Submitted by: Mayra Sullivan
Submitting Department: City Secretary
Item Type: Miscellaneous
Agenda Section:
Subject:
Council shall convene into a closed executive session pursuant to Section 551.072 of the Texas Government
Code to deliberate the purchase, exchange, lease, or value of real property.
Suggested Action:
Attachments:
50
Agenda Item No:7.1
CITY COUNCIL Agenda Item Report
Meeting Date: April 21, 2020
Submitted by: Mayra Sullivan
Submitting Department: City Secretary
Item Type: Discussion
Agenda Section:
Subject:
Any action as a result of executive session regarding the purchase, exchange, lease, or value of real property.
Suggested Action:
Attachments:
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