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HomeMy WebLinkAbout2020 0519CITY OF THE COLONY CITY COUNCIL AGENDA TUESDAY, MAY 19, 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, MAY 19, 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 and provide direction to staff regarding the phased opening of city facilities. (Powell) 3.2 Discuss and provide direction to staff regarding the annual Boards and Commissions re-appointment process. (Stewart) 3.3 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 May 5, 2020. (Stewart) 4.2 Consider approving Council expenditures for the month of April 2020. (Council) 1 REGULAR SESSION of the CITY COUNCIL Agenda Meeting Date: 05/19/2020 Page - 2 4.3 Consider approving a resolution authorizing the City Manager to execute a Construction Services Contract in the amount of $246,800.00 with Stoic Civil Construction, Inc. for the Overlook Court Stream Bank Protection Project. (Hartline) 5 REGULAR AGENDA ITEMS 5.1 Discuss and consider approving a resolution nominating a representative as a member of the North Texas Groundwater Conservation filling the vacancy and will serve the remaining term for this position through June 1, 2021. (Powell) 6 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 551.072 of the Texas Government Code to deliberate the purchase, exchange, lease, or value of real property. C. 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). D. 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 City of The Colony v. 30/The Colony, Ltd, et al., PR-2020-00316. 7 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. B. Any action as a result of executive session regarding the purchase, exchange, lease, or value of real property. C. Any action as a result of executive session regarding commercial or financial information the city has received from a business prospect(s). D. Any action as a result of executive session regarding pending or contemplated litigation - City of The Colony v. 30/The Colony, Ltd, et al., PR-2020-00316. EXECUTIVE SESSION NOTICE 2 REGULAR SESSION of the CITY COUNCIL Agenda Meeting Date: 05/19/2020 Page - 3 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 3 Agenda Item No:3.1 CITY COUNCIL Agenda Item Report Meeting Date: May 19, 2020 Submitted by: Mayra Sullivan Submitting Department: Parks & Recreation Item Type: Discussion Agenda Section: Subject: Discuss and provide direction to staff regarding the phased opening of city facilities. (Powell) Suggested Action: Attachments: 4 Agenda Item No:3.2 CITY COUNCIL Agenda Item Report Meeting Date: May 19, 2020 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Discussion Agenda Section: Subject: Discuss and provide direction to staff regarding the annual Boards and Commissions re-appointment process. (Stewart) Suggested Action: Attachments: 5 Agenda Item No:3.3 CITY COUNCIL Agenda Item Report Meeting Date: May 19, 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: 6 Agenda Item No:4.1 CITY COUNCIL Agenda Item Report Meeting Date: May 19, 2020 Submitted by: Mayra Sullivan Submitting Department: City Secretary Item Type: Minutes Agenda Section: Subject: Consider approving City Council Regular Session meeting minutes for May 5, 2020. (Stewart) Suggested Action: Attachments: May 5, 2020 DRAFT Minutes.docx 7 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 MAY 5, 2020 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 6:30 p.m. on the 5 th day of May, 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 6:30 p.m. 1.2 Invocation Pastor Jess Allen with Horizon 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 Acknowledge Denton County's National Day of Prayer. Mayor McCourry presented a letter received from Denton County National Day of Prayer. 1.6 Proclamation acknowledging May 10-16, 2020 as Police Week. Mayor McCourry proclaimed May 10-16, 2020 as Police Week. 1.7 Proclamation: Motorcycle Safety and Awareness Month. Mayor McCourry proclaimed the month of May as Motorcycle Safety and Awareness Month. 1.8 Proclamation: National Bike Month. Mayor McCourry proclaimed the month of May as National Bike Month. 8 City Council – Regular Meeting Agenda May 5, 2020 Page| 2 1.9 Items of Community Interest Councilman Terre acknowledged star athlete Jada Coleman of The Colony High School featured in the Dallas Morning News for her outstanding accomplishments. Councilman Terre announced the Blue Angels over The Colony on Wednesday, May 7, 2020, honoring health care workers and first responders for their dedication and sacrifice to the community. Mayor provided statistics related to the corona virus pandemic for Denton County. Mayor said the city, county and state has allowed businesses to open at a 25 percent capacity. The county and state will monitor the COVID-19 numbers over the next two weeks, and then discuss the possibility of increasing the capacity to 50 percent. Mayor appreciated citizens for their participation in continuing to practice safe distancing during these tough times. 2.0 CITIZEN INPUT Kim Pena, Stewart Peninsula Subdivision, submitted online public comment concerning overflow parking from Stewart Creek Park mostly in the evening and weekends. She inquired if there was a way to put no parking signs on one side of the street to eliminate congestion. 3.0 WORK SESSION 3.1 Discuss and provide direction to staff regarding the phased opening of city facilities and the upcoming Fourth of July event. City Manager Troy Powell briefed Council on the openings of city buildings. He stated openings would be on hold until further direction from Governor Greg Abbott regarding COVID-19 on May 15, 2020. Mr. Powell offered a few suggestions to Council on the upcoming Fourth of July events. Council provided discussion on these items and agreed to cancel the liberty by the lake fun runs and the holiday parade. Staff will move forward with the fireworks production at Five Star Park, allowing citizens to watch from their cars. 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- Mikulec; second by Schrag, motion carried with all ayes. 4.1 Consider approving City Council Regular Session meeting minutes for May 5, 2020. 9 City Council – Regular Meeting Agenda May 5, 2020 Page| 3 4.2 Consider and act on an ordinance authorizing the issuance of the City's Combination Tax and Limited Surplus Revenue Certificates of Obligation, Series 2020, levying a tax and pledging certain surplus revenue of the City's water and sewer system for payment of certificates, and approving the execution of agreements in connection therewith. ORDINANCE NO. 2020-2394 4.3 Consider and act on an ordinance authorizing the issuance of the City's General Obligation Refunding Bonds, Series 2020 to refund 2010 and 2010A COs, levying a tax for the payment of the bonds, and approving the execution of agreements in connection therewith. ORDINANCE NO. 2020-2395 4.4 Consider approving a resolution authorizing the City Manager to award bids for the annual mowing services of water production and wastewater to High Quality Landscaping and Bright View Landscaping, respectfully. RESOLUTION NO. 2020-022 4.5 Consider approving an ordinance to authorize a budget amendment to General Fund-CIP budget and transfer $380,000.00 from the Office Creek Headwall Repair at Paige Rd. project to the Office Creek Stream Bank Protection at Creek Hollow Drive project. ORDINANCE NO. 2020-2396 4.6 Consider approving a resolution authorizing the City Manager to execute a contract amendment for $ 148,489.28 with Knight Erosion Control for the Office Creek Stream Bank Stabilization project. RESOLUTION NO. 2020-023 4.7 Consider approving an Electric Line Easement and Right-of-Way Agreement by and between Denton County Electric Cooperative, Inc., d/b/a CoServ Electric, The Colony Economic Development Corporation, The Colony Community Development Corporation, and The Colony Local Development Corporation concerning a 15' CoServ Electric Easement on 0.411 acres of land in the Thomas West Survey, Abstract No. 1344, City of The Colony, Denton County, Texas. 10 City Council – Regular Meeting Agenda May 5, 2020 Page| 4 4.8 Consider approving an Electric Line Easement and Right-of-Way Agreement by and between Denton County Electric Cooperative, Inc., d/b/a CoServ Electric, The Colony Community Development Corporation, and The Colony Local Development Corporation concerning a 20' CoServ Electric Easement on 0.477 acres of land in the Thomas West Survey, Abstract No. 1344, City of The Colony, Denton County, Texas. 4.9 Consider approving a Trail Easement with The Colony Local Development Corporation concerning 0.6051 acres of land in the B.B.B. & C.R.R. Co. Survey, Abstract No. 174, City of The Colony, Denton County, Texas. 5.0 REGULAR AGENDA ITEMS 5.1 Conduct a public hearing, discuss and consider an ordinance amending Planned Development-16 District (PD-16), to permit and provide development standards for off-premises/billboard signage located at 5733 SH 121 within Lot 5A, Block A (Village at 121 shopping center) within the Planned Development-16 District and the Gateway Overlay District. Senior Planner, Isaac Williams, presented the proposed ordinance to Council. The proposed ordinance amends the development regulations for Planned Development-16 (PD-16) by establishing the area and development standards for an off-premises billboard sign. The applicant has indicated that the intent of the signage will be to offer additional on-premises messaging for establishments within the Village at 121 Development, in addition to off-premises messaging for establishments elsewhere within the city. The Development Review Committee (DRC) had no objection to the request. On March 10, 2020, the Planning and Zoning Commission voted 7-0 to recommend approval. The public hearing opened at 7:41 p.m. Mr. Lynn Kaleck, Westwood Professional Services, 2740 Dallas Parkway, Suite 240, Plano, Texas, was available to answer questions from Council. There being no others speakers the public hearing closed at 7:39 p.m. Council provided discussion on this item. Motion to approve; Schrag; second by Wade, motion carried with all ayes with the exception of Mayor Joe McCourry, Councilman Kirk Mikulec and Councilman Joel Marks voting no. ORDINANCE NO. 2020-2397 11 City Council – Regular Meeting Agenda May 5, 2020 Page| 5 Executive Session convened at 8:03 p.m. 6.0 EXECUTIVE SESSION 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, and related agreement with Lonzar Delaware, Inc., a Delaware corporation. B. 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 drainage impact fee reimbursement issue - JNC Properties LLC and Flournoy Development Company, LLC matters. C. 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. D. 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). Regular Session reconvened at 8:35 p.m. 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, and related agreement with Lonzar Delaware, Inc., a Delaware corporation. Motion to authorize the execution of the Full and Final Compromise and Settlement Agreement with Brazos Electric Power Cooperative Inc., and CoServ Electric subject to the revisions deemed necessary by city staff and City Attorney's office; and authorize city staff and City Attorney's office to take all necessary actions related thereto- Terre; second by Boyer, motion carried with all ayes. Motion to approve a settlement agreement with Lonzar Delaware, Inc., on the terms as discussed in Executive Session- Terre; second by Mikulec, motion carried with all ayes. B. Any action as a result of executive session regarding drainage impact fee reimbursement issue - JNC Properties LLC and Flournoy Development Company, LLC matters. 12 City Council – Regular Meeting Agenda May 5, 2020 Page| 6 Motion to authorize city staff to provide drainage impact fee reimbursement on the terms as discussed in Executive Session- Terre; second by Marks, motion carried with all ayes. C. Any action as a result of executive session regarding the purchase, exchange, lease, or value of real property. Motion to approve the Second Amendment to Contract of Sale between The Colony Economic Development Corporation and Hagai Rapaport, as discussed in Executive Session- Terre; second by Marks, motion carried with all ayes. D. Any action as a result of executive session regarding commercial or financial information the city has received from a business prospect(s). No Action ADJOURNMENT With there being no further business to discuss the meeting was adjourned at 8:39 p.m. APPROVED: ________________________________ Joe McCourry, Mayor City of The Colony ATTEST: _______________________________ Tina Stewart, TRMC City Secretary 13 Agenda Item No:4.2 CITY COUNCIL Agenda Item Report Meeting Date: May 19, 2020 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Expenditures Agenda Section: Subject: Consider approving Council expenditures for the month of April 2020. (Council) Suggested Action: Attachments: Council April Expenditures.pdf 14 15 16 Agenda Item No:4.3 CITY COUNCIL Agenda Item Report Meeting Date: May 19, 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 $246,800.00 with Stoic Civil Construction, Inc. for the Overlook Court Stream Bank Protection 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 $246,800.00 with Stoic Civil Construction, Inc. for the Overlook Court Stream Bank Protection Project. Background: City Council approved funding for the construction of the Overlook Court Stream Bank Protection Project in the 2019-2020 CIP budget. During a recent walking inspection of Office Creek by city staff, significant erosion problems were observed at one end of an existing Gabion Basket Retaining Wall adjacent to Overlook Court that was originally installed approximately 17 years ago. If not addressed, these erosion problems could lead to a significant slope failure that could cause damage to an adjacent city-owned wastewater lift station, a portion of Overlook Drive and/or a portion of a homeowner’s property. See attached photos showing the area of destabilized soils at the end of the existing retaining wall near the lift station, roadway and residential home. The scope of work for this project consists of extending the retaining wall along the stream embankment adjacent to the Lift Station, Overlook Court and the residential home to protect these areas. The work includes mobilization, excavation, foundation installation and Gabion Wall construction with a typical exposed wall height of 15 feet. The project bids were opened on May 6, 2020 and the low bidder was Stoic Civil Construction, Inc. at a cost of $246,800.00. This Contractor was pre-qualified by both the Project Design Engineer (Cobb Fendley) and the City. Cobb Fendley verified the bid summary and bid tabulation and recommends approval of the contract with this company. Recommendation: Staff recommends approval of a Construction Services Contract for the Overlook Court Stream Bank Protection Project with Stoic Civil Construction, Inc. With approval, the project is anticipated to start construction in August 2020 with an estimated completion in January 2021. Suggested motion: 17 I move to recommend approval of a resolution authorizing the City Manager to sign a Construction Services Contract in the amount of $246,800.00 with Stoic Civil Construction, Inc. for the Overlook Court Stream Bank Protection Project. Attachments: Location Map Aerial View of Location Financial Summary Certified Bid Tab Engineering Recommendation Letter Photo 1 Overlook Court Existing Conditions Photo 2 Overlook Court Existing Conditions Res 2020-xxx Construction Services Contract - Stoic Civil Construction.docx 18 M ai n M em orialStandridgeBlair OaksSH 121La k e s id e Arbor Glen Cougar Alley C r e e k H o l l o w Highridge SH 121 On RampCAMERON BAY Alta Oaks Shadowridge R i d g e p o i n t e Sarasota BiscayneSH 121 Off Ram pSAFE HARBOR BAY DE VIEUX Ash Glen TWILIGHTSam Rayburn TollwayANNALEA COVEN e w p o r t MANDALAY BAYSteepleridge O verlookCrooked Ridge S a d d le ri d g e Am hurstB l u e R i d g e Cape CodPear Ridge Boca RatonF r i e n d s h i p Branch HollowC e d a r R i d g e WHITE ROCKLAKE CITYTREASURE COVE BlaynesR u s t i c R i d g e CHALEUR BAYBreckenr idg e M em orialSH 121MainSam Rayburn TollwayµOverlook Court Bank ProtectionLocation Map North Colony Blvd Project Location 19 O v e rlo o k µOverlook Court Bank ProtectionAerieal Location View North Colony Blvd Project Location Existing Lift Station 20 Financial Summary: Are budgeted funds available:  Yes  No Amount budgeted/available: $430,000.00 Fund(s) (Name and number): Stormwater Utility Fund Fund # 710-669-6667 Cost of recommended bid/contract award: $246,800.00 Total estimated project cost: $ 28,290.00 Engineering Already authorized  Yes No $ 246,800.00 Construction Already authorized Yes  No $ 0.00 Other Improvements (Est.) $ 275,090.00 Total estimated costs 21 CITY OF THE COLONY - OVERLOOK COURT BANK PROTECTION BID OPENING: MAY 6, 2020 City of The Colony Project Manager: Ron Hartline, P.E. CobbFendley, Scott Maynor, P.E. BID SUMMARY STOIC CIVIL CONSTRUCTION, INC.KNIGHT EROSION CONTROL, INC. TOTAL BID $246,800.00 $382,441.00 BID BOND YES YES Bid Certified by:LOW BIDDER Scott Maynor, P.E. 22 23 24 25 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 STOIC CIVIL CONSTRUCTION INC., FOR THE OVERLOOK COURT STREAM BANK PROTECTION PROJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of The Colony, Texas (the “City”), desires to obtain the services of Stoic Civil Construction for the Overlook Court Stream Bank Protection 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 Stoic Civil Construction Inc., a copy of which is attached hereto as Exhibit A, and is incorporated herein for all purposes; and WHEREAS, with said Construction Services Contract the City is agreeing to pay the sum of $246.800.00 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 19th day of May 2020. _____________________________ ATTEST:Joe McCourry, Mayor City of The Colony, Texas Tina Stewart, TRMC, City Secretary 26 APPROVED AS TO FORM: Jeff Moore, City Attorney 27 Agenda Item No:5.1 CITY COUNCIL Agenda Item Report Meeting Date: May 19, 2020 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Resolution Agenda Section: Subject: Discuss and consider approving a resolution nominating a representative as a member of the North Texas Groundwater Conservation filling the vacancy and will serve the remaining term for this position through June 1, 2021. (Powell) Suggested Action: Attachments: 2020-xxx NTGCD 2020 Nomination - VACANCY.doc 28 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2020 - _______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, NOMINATING A REPRESENTATIVE TO THE NORTH TEXAS GROUNDWATER CONSERVATION DISTRICT AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,in 2009 the Texas Legislatures created the North Texas Groundwater District that provides for three representatives to be appointed by the Denton County Commissioners Court; and WHEREAS,the provisions in the enabling legislation provides that one position is to be filled by a nominee provided to the Commissioners Court by the largest water producer in Denton County, which is the City of The Colony. 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 _______________________ as a member of the North Texas Groundwater Conservation to fill the vacancy and will serve the remaining term for this position through June 1, 2021. SECTION 2.That this Resolution shall become effective immediately. PASSED AND APPROVED this 19 th day of May 2020. Joe McCourry, Mayor ATTEST: Tina Stewart, TRMC, City Secretary APPROVED AS TO FORM: Jeff Moore, City Attorney 29 Agenda Item No:6.1 CITY COUNCIL Agenda Item Report Meeting Date: May 19, 2020 Submitted by: Mayra Sullivan Submitting Department: City Secretary Item Type: Miscellaneous Agenda Section: Subject: 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 551.072 of the Texas Government Code to deliberate the purchase, exchange, lease, or value of real property. C. 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). D. 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 City of The Colony v. 30/The Colony, Ltd, et al., PR-2020-00316. Suggested Action: Attachments: 30 Agenda Item No:7.1 CITY COUNCIL Agenda Item Report Meeting Date: May 19, 2020 Submitted by: Mayra Sullivan Submitting Department: City Secretary Item Type: Discussion Agenda Section: Subject: 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. B. Any action as a result of executive session regarding the purchase, exchange, lease, or value of real property. C. Any action as a result of executive session regarding commercial or financial information the city has received from a business prospect(s). D. Any action as a result of executive session regarding pending or contemplated litigation - City of The Colony v. 30/The Colony, Ltd, et al., PR-2020-00316. Suggested Action: Attachments: 31