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HomeMy WebLinkAbout2020 0616CITY OF THE COLONY CITY COUNCIL AGENDA TUESDAY, JUNE 16, 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, JUNE 16, 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 Discussion on the CARES Act funding allocation for The Colony. (Powell) 3.2 Discuss and provide direction to staff regarding the 2020 American Heroes Event. (Shallenburger) 3.3 Discuss and provide direction to staff regarding the resumption of meetings for the Board of Adjustments and Sign Board of Appeals. (Williams) 3.4 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 June 2, 2020. (Stewart) 1 REGULAR SESSION of the CITY COUNCIL Agenda Meeting Date: 06/16/2020 Page - 2 4.2 Consider approving a resolution approving a Trail Easement with Jackson Shaw, concerning a 0.0703 acre of land in the B.B.B. & C.R.R. Co. Survey, Abstract No. 174, City of The Colony, Denton County, Texas. (Morgan) 4.3 Consider approving a resolution authorizing the City Manager to execute an Engineering Contract Amendment #2 in the amount of $ 52,300.00 with Halff Associates, Inc. for the Phase 2 Austin Ranch Force Main Project. (Hartline) 5 REGULAR AGENDA ITEMS 5.1 Discuss and consider approving any actions necessary to comply with the CARES Act Funding. (Mayor) 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 551.087 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 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 commercial or financial information the city has received from a business prospect(s). 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. 2 REGULAR SESSION of the CITY COUNCIL Agenda Meeting Date: 06/16/2020 Page - 3 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: June 16, 2020 Submitted by: Tina Stewart Submitting Department: General Admin Item Type: Discussion Agenda Section: Subject: Discussion on the CARES Act funding allocation for The Colony. (Powell) Suggested Action: Attachments: 4 Agenda Item No:3.2 CITY COUNCIL Agenda Item Report Meeting Date: June 16, 2020 Submitted by: Brant Shallenburger Submitting Department: General Admin Item Type: Discussion Agenda Section: Subject: Discuss and provide direction to staff regarding the 2020 American Heroes Event. (Shallenburger) Suggested Action: Attachments: 5 Agenda Item No:3.3 CITY COUNCIL Agenda Item Report Meeting Date: June 16, 2020 Submitted by: Mayra Sullivan Submitting Department: Development Services Item Type: Discussion Agenda Section: Subject: Discuss and provide direction to staff regarding the resumption of meetings for the Board of Adjustments and Sign Board of Appeals. (Williams) Suggested Action: Attachments: 6 Agenda Item No:3.4 CITY COUNCIL Agenda Item Report Meeting Date: June 16, 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: 7 Agenda Item No:4.1 CITY COUNCIL Agenda Item Report Meeting Date: June 16, 2020 Submitted by: Mayra Sullivan Submitting Department: City Secretary Item Type: Minutes Agenda Section: Subject: Consider approving City Council Regular Session meeting minutes for June 2, 2020. (Stewart) Suggested Action: Attachments: June 2, 2020 DRAFT Minutes.docx 8 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 JUNE 2, 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 2 nd day of June 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 Associate Pastor John Sawyer of Bethel Fellowship 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 Items of Community Interest Mayor McCourry recognized The Colony's own Jayda Coleman for being named the 2019-2020 Gatorade Softball Player of the Year for the state of Texas. Mayor announced Jayda's outstanding athletic abilities, her presence in leadership, community service, academic achievement and character demonstrated on and off the field. Mayor provided statistics related to the corona virus pandemic. Denton County has extended the disaster declaration effective until June 30, 2020. Judge Andy Eads and county commissioners are working with cities, Chambers of Commerce and Economic Development Corporation’s to prepare funding agreements related to the CARES Act. Mayor advised citizens to remember the 6 feet social distance 9 City Council – Regular Meeting Agenda June 2, 2020 Page| 2 requirement advised by the state governor. As a reminder masks are not required as a part of the state disaster declaration. 2.0 CITIZEN INPUT None 3.0 WORK SESSION 3.1 Discussion on the CARES Act funding allocation for The Colony. *ITEM REMOVED FROM THE AGENDA WITH 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- Mikulec; second by Boyer, motion carried with all ayes. 4.1 Consider approving City Council Regular Session meeting minutes for May 19, 2020. 4.2 Consider approving a resolution authorizing City Council to extend the terms of office for all City Boards and Commission members whose term expires in 2020. RESOLUTION NO. 2020-026 4.3 Consider approving a resolution authorizing the city manager to execute a Landlord Consent to Sublease and Estoppel Certificate to allow EPR Parks, LLC to enter into a sublease agreement with Colony Hawaiian Falls Holdings, LLC, for the management and operations of The Colony Hawaiian Falls Water Park. RESOLUTION NO. 2020-027 4.4 Consider approving a resolution authorizing the Mayor to execute an Encroachment/License Agreement with the Neighborhoods of Austin Ranch Association, Inc., for a median sign within the right-of-way of Windhaven Parkway at Stags Leap Drive [median sign is a relocation from an originally approved location at Saintsbury Drive and Windhaven Parkway]. RESOLUTION NO. 2020-028 10 City Council – Regular Meeting Agenda June 2, 2020 Page| 3 5.0 REGULAR AGENDA ITEMS 5.1 Conduct a public hearing, discuss, and consider an ordinance adopting the Standards of Care Policy for Day Camp Programs. Director of Government Relations, Brant Shallenburger, presented the proposed ordinance to Council. The public hearing opened and closed at 6:41 p.m. with no speakers. Motion to approve- Marks; second by Schrag, motion carried with all ayes. ORDINANCE NO. 2020-2398 Executive Session convened at 6:42 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 pending or contemplated litigation - Pamela Rogers, et. al. v. City of The Colony, Texas, et. al., Cause No. 4:19-cv-00919, United States District Court, Eastern District of Texas, Sherman Division. 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). Regular Session reconvened at 7:17 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. No Action B. Any action as a result of executive session regarding pending or contemplated litigation - Pamela Rogers, et. al. v. City of The Colony, Texas, et. al., Cause No. 4:19-cv-00919, United States District Court, Eastern District of Texas, Sherman Division. No Action 11 City Council – Regular Meeting Agenda June 2, 2020 Page| 4 C. 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 adjourned at 7:18 p.m. APPROVED: ________________________________ Joe McCourry, Mayor City of The Colony ATTEST: _______________________________ Tina Stewart, TRMC City Secretary 12 Agenda Item No:4.2 CITY COUNCIL Agenda Item Report Meeting Date: June 16, 2020 Submitted by: Eve Morgan Submitting Department: Parks & Recreation Item Type: Discussion Agenda Section: Subject: Consider approving a resolution approving a Trail Easement with Jackson Shaw, concerning a 0.0703 acre of land in the B.B.B. & C.R.R. Co. Survey, Abstract No. 174, City of The Colony, Denton County, Texas. (Morgan) Suggested Action: Attachments: The Colony - Trail Easement 4.pdf 4.2 Res 2020-xxx Trail Easement with Jackson Shaw.docx 13 EASEMENT – page 1 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. CITY OF THE COLONY TRAIL EASEMENT THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF DENTON § THAT Jackson-Shaw / Stone Creek Hotel 3, LP, a Texas Limited Partnership, hereinafter called "Grantor," for and in consideration of the sum of TEN and NO/100 DOLLARS ($10.00) and other good and valuable consideration paid by Grantee, the receipt and sufficiency of which is hereby acknowledged, does hereby grant, bargain, sell and convey to the CITY OF THE COLONY, TEXAS, 6800 Main Street, The Colony, Texas 75056, and its successors and assigns, hereinafter individually and collectively called "Grantee," an non-exclusive easement and right of ingress and egress upon and across the real property located in Denton County, Texas, as more particularly described in Exhibit "A," which is attached hereto and incorporated herein by reference as if fully set forth herein (the "Easement Area") for the purpose of and with the right to construct, reconstruct, maintain, repair and replace public sidewalks and trails (the "Facilities") within the Easement Area granted herein, all as required by Grantee. The Easement Area, as shown, is hereby reserved for the Facilities. No buildings, retaining walls, fences, trees, shrubs or other improvements of any kind may be constructed or placed upon, over or across the Easement Area. The Easement Area granted hereby, and the Facilities, shall be for public use and, upon construction and installation of the same, shall automatically be dedicated to and thereafter maintained by Grantee. Grantee shall at all times (a) keep the Easement Area in a reasonably neat, clean and safe condition, (b) construct and maintain the Facilities in compliance with all legal requirements, and (c) promptly discharge any liens filed against the Easement Area in connection with the Facilities that arise through the activities of Grantee or Grantee's employees, agents or contractors. If, in the reasonable opinion of Grantor, Grantee fails to maintain or repair the Facilities as required herein, then Grantor, upon no less than sixty (60) 14 EASEMENT – page 2 days' written notice to Grantee (so as to allow Grantor to cure such condition or begin to cure such condition), shall have the right to perform such maintenance and/or repairs on behalf of and for the account of Grantee, whereupon Grantee shall repay Grantor for the actual, commercially reasonable, documented out-of-pocket costs paid for such maintenance and/or repairs within sixty (60) days after Grantor receives an invoice for such costs and supporting documentation thereof. Grantee, its successors and assigns, shall have the right and privilege to remove and keep removed all or parts of any buildings, retaining walls, fences, trees, shrubs, and other improvements of any kind that may be found or located in the Easement Area that interferes with the construction, reconstruction, repair, replacement and perpetual maintenance of the said Facilities. TO HAVE AND TO HOLD the Easement Area perpetually unto Grantee and its successors and assigns, together with the right and privilege of ingress and egress and at all times to enter said Easement Area, or any part thereof, for the purposes herein set forth. Grantee shall have the right to construct, reconstruct and perpetually maintain, repair and replace, additional Facilities at all times in the future, within the above described Easement Area. Grantor hereby binds itself and Grantor's successors and assigns to warrant and forever defend the Easement Area and rights granted herein unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming or attempting to claim the same or any part thereof, by, through or under Grantor, but not otherwise. This Easement may be assigned in whole or in part by Grantee. [SIGNATURE PAGE FOLLOWS] 15 EASEMENT – page 3 EXECUTED this the _______ day of ___________________ 2020. GRANTOR: Jackson-Shaw / Stone Creek Hotel 3, LP, a Texas Limited Partnership, BY: JSC / Stone Creek 3, LLC, A Texas limited liability company, Its General Partner BY: NAME: TITLE: ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF DALLAS § BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appears _________________________, _____________________ of JSC / Stone Creek 3, LLC, a Texas limited liability company, the General Partner of Jackson- Shaw / Stone Creek Hotel 3, LP, a Texas limited partnership, on behalf of said entities. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the _________ day of __________________________, 2020. _______________________________________ Notary Public in and for the State of Texas My Commission Expires: __________________ 16 EASEMENT – page 4 AFTER RECORDING RETURN TO: The City of The Colony, Texas City Secretary's Office 6800 Main Street The Colony, Texas 75056 17 EASEMENT – page 5 EXHIBIT A Easement Area Description 18 19 20 21 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2020-_______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, APPROVING A TRAIL EASEMENT WITH JACKSON SHAW / STONE CREEK HOTEL 3, LP, CONCERNING AN APPROXIMATE 0.0703 ACRE OF LAND IN THE B.B.B. & C.R.R. CO. SURVEY, ABSTRACT NO. 174, CITY OF THE COLONY, DENTON COUNTY, TEXAS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS,Jackson-Shaw/Stone Creek Hotel 3, LP, a Texas Limited Partnership, is the owner of approximately 0.0703 acres tract of land situated in the B.B.B. and C.R.R. Co. Survey, Abstract No. 174 of The Colony, Denton County, Texas; and WHEREAS,City of The Colony, Texas, desires to use the Trail Easement for the purposes set forth more fully below; and WHEREAS,Jackson-Shaw/Stone Creek Hotel 3, LP, through this Trail Easement desires to convey to the City of The Colony, Texas, a non-exclusive trail easement for use of the easement property for a trail, as set forth more fully below; and WHEREAS,City of The Colony, Texas, finds and determines the acquisition of this Trail Easement is in the best interest of the City of The Colony, Texas. 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, hereby approves the Trail Easement with Jackson-Shaw/Stone Creek Hotel 3, LP, a Texas Limited Partnership, a copy of which is attached hereto as Exhibit A, and is found to be in the best interest 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, ON THIS THE16TH DAY OF JUNE, 2020. Joe McCourry, Mayor City of The Colony, Texas 22 ATTEST: ________________________________ Tina Stewart, TRMC, City Secretary APPROVED AS TO FORM: __________________________________ Jeff Moore, City Attorney 23 Exhibit A Trail Easement 24 Agenda Item No:4.3 CITY COUNCIL Agenda Item Report Meeting Date: June 16, 2020 Submitted by: Robert Kotasek Submitting Department: Engineering Item Type: Resolution Agenda Section: Subject: Consider approving a resolution authorizing the City Manager to execute an Engineering Contract Amendment #2 in the amount of $ 52,300.00 with Halff Associates, Inc. for the Phase 2 Austin Ranch Force Main Project. (Hartline) Suggested Action: Summary of Request: Consider approval of a resolution authorizing the City Manager to execute Engineering Contract Amendment #2 in the amount of $ 52,300.00 with Halff Associates, Inc. for the Phase 2 Austin Ranch Force Main Project. Background: City Council approved funding for the construction of the Austin Ranch Force Main Project in the 2016-2017 and the 2018- 2019 CIP budgets. In 2008, the City and the Billingsley Company teamed to jointly construct the Austin Ranch Lift Station and to temporarily extend the force main to the gravity sewer line located in Plano Parkway. The force main currently terminates at a discharge manhole located in the Nebraska Furniture Mart (NFM) pickup exit drive and enters the gravity sewer at this location. The gravity sewer in Plano Parkway drains into the Office Creek Trunk Sewer that also serves the 121 corridor, including Grandscape, Top Golf, Rooms to Go, and Cascades. With the development of Austin Ranch, developments along the SH 121 corridor and Grandscape; it is now necessary to complete the force main from the Austin Ranch Lift Station to the treatment plant. The upgraded force main will convey wastewater flows from the Austin Ranch Lift Station directly to the City’s treatment plant. By conveying the wastewater directly to the treatment plant, additional capacity will become available in the Office Creek Trunk Sewer for the new developments along the SH 121 corridor and Grandscape. The Phase 1 project is currently nearing completion and consists of a 20-inch force main from a manhole located near the Paige Road and Worley Drive intersection to the upstream end of the newly constructed North Trunk Sewer near Miller Drive and Keller Circle. Fiber optic conduit was also installed with this portion of the new 20-inch force main. During the time the Phase 1 project was being constructed, the city was able to acquire the easement necessary to complete the design and construction of the Phase 2 project. Phase 2 will consist of completing 5,537 linear feet of 20-inch force main from the existing Austin Ranch Force Main discharge manhole located in the Nebraska Furniture Mart (NFM) pickup exit drive to the new manhole that was installed during Phase 1 near the Worley Drive and Paige Road Intersection. The Phase 2 project will also include the installation of approximately 5,537 linear feet of fiber optic conduit for the City’s IT Department. The fiber optic conduit will generally parallel the 20-inch force main and be placed in the same trench. 25 This contract amendment with Halff Associates will include finalizing the construction plans and specifications for the Phase 2 project and bidding/construction management services during construction. The contract amount for Contract Amendment #2 is $52,300.00. Recommendations: Staff recommends approval of Contract Amendment #2 with Halff Associates, Inc. With approval, design services should be completed and the project advertised for bid in September 2020. Suggested motion: I move to recommend approval of a resolution authorizing the City Manager to execute Engineering Contract Amendment #2 in the amount of $ 52,300.00 with Halff Associates, Inc. for the Phase 2 Austin Ranch Force Main Project. Attachments: Financial Summary Contract Amendment 2 Halff Associates. Austin Ranch Force Main Location Map. Phase 1 and 2 Austin Ranch Force Main Res. 2020-xxx_Halff Associates Austin Ranch Force Main Contract Amendment No. 2.doc 26 Financial Summary : Are budgeted funds available:  Yes  No Amount budgeted/available: $6,317,000.00 Fund(s) (Name and number): 2016-2017 Bond Fund 2018-2019 Bond Fund Cost of recommended Contract Amendment #2: $52,300.00 Total estimated project cost: $ 90,665.00 Engineering (Alan Plummer Associates) Already authorized  Yes No $ 436,944.00 Engineering (Halff Associates) Already authorized  Yes No $ 7,000.00 Contract Amendment #1 (Halff Associates) Already authorized  Yes No $ 52,300.00 Contract Amendment #2 (Halff Associates) Already authorized  Yes  No $ 1,899,134.00 Construction cost (Phase 1) Already authorized  Yes No $ 280,000.00 Easement Acquisitions (Phase 2) Already authorized  Yes No $ 2,766,043.00 Total estimated costs Future Estimated Costs: $3,511,000.00 Phase 2 (Construction) 27 28 29 30 31 32 33 34 35 36 37 !. !. Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS,USDA, USGS, AeroGRID, IGN, and the GIS User Community 0 500 1,000 1,500 2,000250Feet Prop. Aus tin Ranch For ce MainProp. Aus tin Ranch For ce Main 14755 Preston Road, Suite 32514755 Preston Road, Suite 325Dallas, Texas 75254Dallas, Texas 75254(214) 631-6100(214) 631-6100www.apaienv.comwww.apaienv.comÜ Legend !.Existing FM Discharge Manhole !.Connect to North Trunk Sewer Ex. Force Main Recommended North Route Recommended South Route Document Path: O:\Users\Share\rweinert\1438-009-01 (Austin Ranch)\GIS\Austin Ranch Map_v3.mxd Memorial Dr.Memorial Dr.Plano PkwyPaige RdS Colony BlvdNash Dr 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 EXECUTE A SECOND CONTRACT AMENDMENT WITH HALFF ASSOCIATES, INC., FOR THE AUSTIN RANCH FORCE MAIN PHASE 2 PROJECT; 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, has duly reviewed and considered the second contract amendment with Halff Associates, Inc., for the Austin Ranch Force Main – Phase 2 Project. Section 2. That this Contract Amendment, attached hereto as Exhibit “A”, is found to be acceptable and in the best interest of the City and its citizens, and the City Manager is hereby authorized to execute the amendment on behalf of the City of The Colony, Texas, with the terms and conditions as stated therein. Section 3. That with this amendment the City of The Colony is agreeing to increase the approved contract funding of $436,944.00 by $52,300.00 with the total sum not to exceed $489,244.00 for such work. Section 4.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 16 th day of June, 2020. __________________________ Joe McCourry, Mayor City of The Colony, Texas ATTEST: ________________________________ Tina Stewart, TRMC, City Secretary APPROVED AS TO FORM: __________________________________ Jeff Moore, City Attorney 39 Agenda Item No:5.1 CITY COUNCIL Agenda Item Report Meeting Date: June 16, 2020 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Discussion Agenda Section: Subject: Discuss and consider approving any actions necessary to comply with the CARES Act Funding. (Mayor) Suggested Action: Attachments: 40 Agenda Item No:6.1 CITY COUNCIL Agenda Item Report Meeting Date: June 16, 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 551.087 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). Suggested Action: Attachments: 41 Agenda Item No:7.1 CITY COUNCIL Agenda Item Report Meeting Date: June 16, 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 commercial or financial information the city has received from a business prospect(s). Suggested Action: Attachments: 42