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HomeMy WebLinkAbout2020 0721CITY OF THE COLONY CITY COUNCIL AGENDA TUESDAY, JULY 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, JULY 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 Recognize City Secretary, Tina Stewart, on receiving the Clerk of The Year Award by the Texas Municipal Clerks Association - Lone Star Chapter. (Council) 1.6 Items of Community Interest 1.7 Receive presentation from Parks and Recreation regarding upcoming events and activities. (Stansell) 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 July 7, 2020. (Stewart) 4.2 Consider approving a resolution authorizing the City Manager to award the contract for Bid No. 1 REGULAR SESSION of the CITY COUNCIL Agenda Meeting Date: 07/21/2020 Page - 2 90-20-17 Concrete to H and H Concrete on Demand for concrete mixed on-site. (Miller) 4.3 Consider approving a resolution authorizing the City Manager to reject a bid from Mario Sinacola & Sons Excavating, Inc., in the amount of $3,630,599.00 for the Grandscape Phase 2 Public Improvements Project. (Hartline) 5 REGULAR AGENDA ITEMS 5.1 Discuss and consider approving an ordinance amending Chapter 13, Article 1, Section 13-1 of the Code of Ordinances entitled "Discharging Weapon" and replacing it with the new section 13-1, entitled "Firearms and Air Guns" by defining "Air Gun" and "Firearm". (Coulon) 5.2 Discuss and consider approving an ordinance amending the 2019-2020 Utility Fund operating budget for street and alley repairs by an increase of $200,000.00. (Miller) 5.3 Discuss and consider approving a resolution adopting the 2019 Water Conservation Plan in the 2020 year. (Arthur) 5.4 Discuss and consider approving a resolution casting the city’s vote for a nominee to serve as a member of the Board of Managers for the Denco Area 9-1-1 District.(Council) 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. 2 REGULAR SESSION of the CITY COUNCIL Agenda Meeting Date: 07/21/2020 Page - 3 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:1.5 CITY COUNCIL Agenda Item Report Meeting Date: July 21, 2020 Submitted by: Mayra Sullivan Submitting Department: City Secretary Item Type: Announcement Agenda Section: Subject: Recognize City Secretary, Tina Stewart, on receiving the Clerk of The Year Award by the Texas Municipal Clerks Association - Lone Star Chapter. (Council) Suggested Action: Attachments: 4 Agenda Item No:1.7 CITY COUNCIL Agenda Item Report Meeting Date: July 21, 2020 Submitted by: Lindsey Stansell Submitting Department: Parks & Recreation Item Type: Announcement Agenda Section: Subject: Receive presentation from Parks and Recreation regarding upcoming events and activities. (Stansell) Suggested Action: Attachments: 5 Agenda Item No:3.1 CITY COUNCIL Agenda Item Report Meeting Date: July 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: 6 Agenda Item No:4.1 CITY COUNCIL Agenda Item Report Meeting Date: July 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 July 7, 2020. (Stewart) Suggested Action: Attachments: July 7, 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 JULY 7, 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 7 th day of July 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 Mike Elias of Good Shepherd Lutheran 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 provided statistics related to the corona virus pandemic for Denton County and The Colony. 2.0 CITIZEN INPUT None 3.0 WORK SESSION 3.1 Discuss Public Information Requests Quarterly Report as presented for Council review. No discussion on this item. 8 City Council – Regular Meeting Agenda July 7, 2020 Page| 2 3.2 Council to provide direction to staff regarding future agenda items. None 4.0 CONSENT AGENDA Motion to approveall items from the Consent Agenda-Mikulec; second by Wade, motion carried with all ayes. 4.1 Consider approving City Council Regular Session meeting minutes for June 16, 2020. 4.2 Consider approving Council expenditures for the month of May 2020. (Council) 4.3 Consider approving the City of The Colony's appointment of Mayor Pro Tem John Keating from Frisco as the primary member, and Mayor Ray Smith from Prosper as the alternate member on the Regional Transportation Council. (Council) 4.4 Consider approving a resolution authorizing the City Manager to issue a purchase order to Mentalix in the amount of $6,475.00 for the purchase of a Live Scan Fingerprint Machine for Municipal Court. (Shallenburger) RESOLUTION NO. 2020-031 4.5 Consider approving a resolution authorizing the City Manager to execute an Interlocal License Agreement with the North Texas Tollway Authority (NTTA) to construct, operate, repair, and maintain public hike-and-bike trail facilities. RESOLUTION NO. 2020-032 4.6 Consider approving an ordinance amending Chapter 19, Section 19-10, Subsection B of the Code of Ordinances establishing speed limits for the frontage roads of State Highway 121 within the City of The Colony. ORDINANCE NO. 2020-2399 5.0 REGULAR AGENDA ITEMS 5.1 Discuss and consider approving an ordinance adopting a budget amendment in the amount of $15,000.00 for COVID-19 related rental assistance and relief. Joe Perez, Programs Administrator, presented the proposed ordinance to council. Council provided discussion on this item. Motion to approve - Mikulec; second by Wade, motion carried with all ayes. 9 City Council – Regular Meeting Agenda July 7, 2020 Page| 3 ORDINANCE NO. 2020-2400 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 551.087 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. B. Any action as a result of executive session regarding commercial or financial information the city has received from a business prospect(s). ADJOURNMENT With there being no further business to discuss the meeting adjourned at 6:58 p.m. APPROVED: ________________________________ Joe McCourry, Mayor City of The Colony ATTEST: _______________________________ Tina Stewart, TRMC City Secretary 10 Agenda Item No:4.2 CITY COUNCIL Agenda Item Report Meeting Date: July 21, 2020 Submitted by: Tim Miller Submitting Department: Public Works/Water Distribution Item Type: Resolution Agenda Section: Subject: Consider approving a resolution authorizing the City Manager to award the contract for Bid No. 90-20-17 Concrete to H and H Concrete on Demand for concrete mixed on-site. (Miller) Suggested Action: The only bid for concrete mixed on site was from H and H Concrete. The last bid in 2016, had two bid results, H and H and Custom Crete. We reached out to Custom Crete to bid, but could not get in contact with them. We are pleased with H and H service since awarding the bid in 2016. Prices are comparable to the existing contract. The new contract bid is good for one year with three annual renewals. Estimate annual cost is $250,000. Attachments: Tabulation Packet for BID 90-20-17_CONCRETE (003).pdf Exhibit A - H&H Agreement.pdf Res. 2020-xxx Concrete Bid Acceptance.doc 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CITY OF THE COLONY, TEXAS  AGREEMENT  This agreement is entered into by the City of The Colony, Texas, hereinafter referred to as the  "City," and H&H Concrete On Demand, hereinafter referred to as the 'Primary Contractor."  A. Contractor hereby agrees to provide custom mixed concrete according to the  specifications set out in Bid No. 90‐20‐17‐CONCRETE.  B. Contractor shall provide proof of insurance in V.A.C.S. requirements.  C. Contractor agrees to indemnify and hold harmless the city from all damages, costs,  expenses, and attorney fees for all claims and suits including claims and suits for  death, personal injury, and property damage, arising out of, or connected with,  the work performed under this contract whether or not caused in whole or in part  of the negligence of the city, its agents, or employees,  D. All material is guaranteed to be as specified, and the above work  is  to  be  performed in accordance with the specifications submitted for above work and  completed in a substantial workmanlike manner.  E Invoices are to be presented to the City of The Colony by the first (1st) of each  month, and shall be paid in accordance with the financial procedures for the City  of The Colony.    H&H Concrete on Demand CITY OF THE COLONY, TEXAS    ______________________         _________________________  Signature of Contractor    Troy Powell, City Manager      Date: __________________ Date: ___________________  26 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2020 -_____ A RESOLUTION OF THE CITY OF THE COLONY, TEXAS, AWARDING A BID BETWEEN THE CITY OF THE COLONY AND H AND H CONCRETE ON DEMAND FOR THE PURCHASE OF CONCRETE, AS SPECIFIED IN THE AGREEMENT; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE WHEREAS,the City has determined it is in the best interest of the City to purchase on site mixed concrete for street construction; and WHEREAS,the Contractor is to provide on-site mixed concrete, as specified in the Agreement, which is attached hereto and incorporated herein as Exhibit “A”; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THAT: Section 1.The City Council of the City of The Colony extends the agreement, as identified in Exhibit “A”, for the purchase of on-site ready mix concrete. Section 2.The City Manager or his designee is authorized to issue appropriate purchase order(s) in accordance with the bid awarded and is hereby authorized to execute an Agreement on behalf of the City of The Colony, Texas. Section 3.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 21st day of July, 2020. ______________________________ Joe McCourry, Mayor ATTEST: ________________________________ Tina Stewart, TRMC, City Secretary APPROVED AS TO FORM: _______________________________ Jeff Moore, City Attorney 27 Agenda Item No:4.3 CITY COUNCIL Agenda Item Report Meeting Date: July 21, 2020 Submitted by: Robert Kotasek Submitting Department: Engineering Item Type: Resolution Agenda Section: Subject: Consider approving a resolution authorizing the City Manager to reject a bid from Mario Sinacola & Sons Excavating, Inc., in the amount of $3,630,599.00 for the Grandscape Phase 2 Public Improvements Project. (Hartline) Suggested Action: Summary of Request: Consider approval of a resolution authorizing the City Manager to reject a bid in the amount of $3,630,599.00 with Mario Sinacola & Sons Excavating, Inc. for the Grandscape Phase 2 Public Improvements Project. Background: On October 2, 2019, City Council approved a resolution amending the Intergovernmental Agreement for the South Colony Boulevard Extension at the Sam Rayburn Tollway with the North Texas Tollway Authority (NTTA), The Colony Local Development Corporation and the City of The Colony. The approved amendment will allow the city to construct the final phase ramp access for the South Colony Boulevard/ SH 121 bridge. The project will include the reconstruction of the access ramp from the SH-121 frontage road and will connect the ramp to the bridge structure which will add the needed left turn connectivity to northbound South Colony Boulevard. This access ramp has the advantages of having less impact to the NTTA main lanes and frontage roads during construction, lessens the potential for crashes at the top of the diverging diamond intersection and will reduce the cost and time needed for the construction of the project. See the attached exhibit showing the new access ramp configuration from the frontage road to the bridge structure. The project design has been completed and the project was recently advertised for bid. The bids were opened on June 9, 2020 and one bid was received from Mario Sinacola & Sons Excavating, Inc. at a bid price of $ 3,630,599.00. This bid price was substantially higher than the Design Engineer’s construction cost estimate of $ 1,855,020.65. Since only one bid was received and the bid was substantially higher than the engineers cost estimate, staff recommends that this bid be rejected and the project rebid. Recommendation: Staff recommends that the bid from Mario Sinacola & Sons Excavating, Inc. for the Grandscape Phase 2 Public Improvements Project be rejected and the project rebid. Suggested motion: I move to recommend approval of a resolution authorizing the City Manager to reject a bid in the amount of $3,630,599.00 with Mario Sinacola & Sons Excavating, Inc. for the Grandscape Phase 2 Public Improvements Project. 28 Attachments: Certified Engineer BId Tabulation Exhibit for new access ramp configuration Res. 2020-xxx Reject Bid - Mario Sinacola & Sons Excavating - Grandscape Phase 2 PIP.docx 29 BID TABULATION Phase II Grandscape Improvements BID OPENING DATE: JUNE 9, 2020 Client: Project: Project Number: Date: ITEM DESCRIPTION QTY.UNIT UNIT PRICE EXTENSION UNIT PRICE EXTENSION 1 Underground Utility Locations, work fully performed, complete in place 1 LS 22,500.00$ 22,500.00$ $ 15,000.00 15,000.00$ 2 Site Mobilization & General Site Preparation, work fully performed, complete in place 1 LS 167,035.00$ 167,035.00$ $ 340,000.00 340,000.00$ 3 Stormwater Pollution Prevention Plan, work fully performed, complete in place 1 LS 3,382.00$ 3,382.00$ $ 10,000.00 10,000.00$ 4 Construction Staking, work fully performed, complete in place 1 LS 5,000.00$ 5,000.00$ $ 90,000.00 90,000.00$ 5 Traffic Control Plan – Barricades, Signs & Traffic Handling, prepare, implement and maintain during construction, work fully performed, complete in place8MO10,133.74$ 81,069.90$ $ 20,000.00 160,000.00$ 5b Portable, Programmable Message Sign – (4 total), furnish, install, move and remove, work fully performed, complete in place 8 MO 1,500.00$ 12,000.00$ $ 4,500.00 36,000.00$ 6 Sawcut and Remove Existing Concrete Pavement and Asphalt Underlay, work fully performed, complete in place 1 LS 17,581.25$ 17,581.25$ $ 32,000.00 32,000.00$ 7 Sawcut and Remove Existing Concrete, work fully performed, complete in place 1 LS 4,668.25$ 4,668.25$ $ 5,000.00 5,000.00$ 8 Sawcut and Remove Existing Concrete Curb and Gutter, work fully performed, complete in place 195 LF 4.75$ 926.25$ $ 30.00 5,850.00$ 9 Remove Existing Retaining Walls, work fully performed, complete in place 1 LS 119,488.00$ 119,488.00$ $ 25,000.00 25,000.00$ 10 Remove Drainage Structures, work fully performed, complete in place 2 EA 440.00$ 880.00$ $ 1,000.00 2,000.00$ 11 Remove Light Pole Foundations and Ground Boxes, work fully performed, complete in place 4 EA 388.75$ 1,555.00$ $ 1,500.00 6,000.00$ 12 Remove Guard Fence, work fully performed, complete in place 1 EA 350.00$ 350.00$ $ 2,500.00 2,500.00$ 13 Unclassified Street Excavation, work fully performed, complete in place 7,319 CY 7.00$ 51,233.00$ $ 20.00 146,380.00$ 14 Embankment (TY C), work fully performed, complete in place 1,289 CY 7.00$ 9,023.00$ $ 35.00 45,115.00$ 15 Embankment (TY C1), work fully performed, complete in place 4,298 CY 7.00$ 30,086.00$ $ 65.00 279,370.00$ 16 Backfill (TY A or B), work fully performed, complete in place 11 STA 130.00$ 1,469.00$ $ 800.00 9,040.00$ 17 Landscape and Irrigation, work fully performed, complete in place 1 LS 93,015.00$ 93,015.00$ $ 40,000.00 40,000.00$ 18 5% Lime Slurry, work fully performed, complete in place 43 TON 195.00$ 8,424.00$ $ 175.00 7,560.00$ 19 12-inch Lime Treated Subgrade, work fully performed, construct complete in place 1,800 SY 4.50$ 8,100.00$ $ 30.00 54,000.00$ 20 4-inch Thick D-GR TY-B Asphalt Underlay (PG64-22), work fully performed, complete in place619 TON 75.00$ 46,425.00$ $ 95.00 58,805.00$ 21 10-inch Thick Continuously Reinforced Concrete Pavement, work fully performed, construct complete in place 2,907 SY 70.00$ 203,490.00$ $ 110.00 319,770.00$ 22 5 ¾” Type 2 Concrete Curb and Gutter, work fully performed, construct complete in place 121 LF 19.00$ 2,299.00$ $ 80.00 9,680.00$ 23 5 ¾” Type 2 Monolithic Concrete Curb, work fully performed, construct complete in place 1,012 LF 4.30$ 4,351.60$ $ 2.00 2,024.00$ 24 Landscape Pavers, furnish and install, work fully performed, complete in place 32 SY 48.00$ 1,536.00$ $ 120.00 3,840.00$ 25 4-inch Thick, 4.000 psi Portland Cement Concrete Sidewalk, work fully performed, construct complete in place13SY 48.00$ 624.00$ $ 700.00 9,100.00$ 26 4,000 psi Portland Cement Concrete Barrier-Free Ramp, work fully performed, construct complete in place 2 EA 1,400.00$ 2,800.00$ $ 3,500.00 7,000.00$ 27 Guardrail Safety End Treatment, work fully performed, complete in place 2 EA 6,034.50$ 12,069.00$ $ 4,500.00 9,000.00$ 28 Bridge Modifications, work fully performed, complete in place 1 LS 130,341.00$ 130,341.00$ $ 450,000.00 450,000.00$ 29 MSE Retaining Wall (NTTA), work fully performed, construct complete in place 4,503 SF 37.74$ 169,925.00$ $ 105.00 472,815.00$ 30 MSE Retaining Wall (CITY), work fully performed, construct complete in place 2,963 SF 106.36$ 315,145.00$ $ 100.00 296,300.00$ 31 Concrete Traffic Rail (Type SSTR), work fully performed, construct complete in place 595 LF 45.27$ 26,935.00$ $ 110.00 65,450.00$ 32 24” Reinforced Concrete Pipe (CL III), furnish and install, work fully performed, complete in place148 LF 71.20$ 10,537.60$ $ 275.00 40,700.00$ 33 10’ Type II Curb and Grate Inlet, work fully performed, construct complete in place 2 EA 2,850.00$ 5,700.00$ $ 12,000.00 24,000.00$ 34 15’ Type II Curb and Grate Inlet, work fully performed, construct complete in place 3 EA 1,600.00$ 4,800.00$ $ 13,000.00 39,000.00$ 35 Remove Existing Signs, work fully performed, complete in place 7 EA 165.71$ 1,160.00$ $ 400.00 2,800.00$ 36 Install Small Roadside Sign, furnish and install, work fully performed, complete in place 3 EA 560.00$ 1,680.00$ $ 900.00 2,700.00$ 37 Install Small Roadside Sign (Rail Mounted), furnish and install, work fully performed, complete in place 2 EA 1,850.00$ 3,700.00$ $ 3,500.00 7,000.00$ 38 Install Large Roadside Sign, furnish and install, work fully performed, complete in place 1 EA 4,985.58$ 4,985.58$ $ 6,800.00 6,800.00$ 39 Install Overhead Guide Sign, furnish and install, complete in place 1 EA 36,268.00$ 36,268.00$ $ 58,000.00 58,000.00$ 40 Permanent Pavement Markings, work fully performed, complete in place 1 LS 5,186.73$ 5,186.73$ $ 10,000.00 10,000.00$ 41 Bridge Mounted Traffic Signal, furnish and install, work fully performed, complete in place 1 EA 33,122.25$ 33,122.25$ $ 45,000.00 45,000.00$ 42 Traffic Signals, furnish and install, work fully performed, complete in place 3 EA 15,984.08$ 47,952.25$ $ 50,000.00 150,000.00$ 43 Pedestal Pole Assemblies, furnish and install, work fully performed, complete in place 3 EA 10,524.08$ 31,572.24$ $ 10,000.00 30,000.00$ 44 NTTA Street Light Conduit Relocation, furnish and install, work fully performed, complete in place 1 LS 9,629.75$ 9,629.75$ $ 35,000.00 35,000.00$ 45 Additional Paving Area: 10-inch Thick Continuously Reinforced Concrete Pavement, work fully performed, construct complete in place1,500 SY 70.00$ 105,000.00$ $ 110.00 165,000.00$ 1,855,020.65$ 3,630,599.00$ BASE BID GRAND TOTAL BID PRICE = City of Colony, TX Engineer's Estimate Mario Sinacola & Sons Excavating, Inc. 10950 Research Road Frisco, TX 75033 Infrastructure Improvements for Grandscape Blvd. BID #69-20-12 6/9/2020 2020.06.16 30 31 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2020 -______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, REJECTING MARIO SINACOLA & SONS EXCAVATING, INC., BID FOR THE GRANDSCAPE PHASE 2 PUBLIC IMPROVEMENT PROJECT AND AUTHORIZING THE REBIDDING OF SAID PROJECT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of The Colony, Texas, solicited bids for the Grandscape Phase 2 Public Improvement 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. 32 Page 2 PASSED AND APPROVED by the City Council of the City of The Colony, Texas, this 21st day of July 2020. Joe McCourry, Mayor ATTEST: Tina Stewart,TRMC, City Secretary APPROVED AS TO FORM: Jeff Moore, City Attorney 33 Agenda Item No:5.1 CITY COUNCIL Agenda Item Report Meeting Date: July 21, 2020 Submitted by: David Coulon Submitting Department: Police Item Type: Presentation Agenda Section: Subject: Discuss and consider approving an ordinance amending Chapter 13, Article 1, Section 13-1 of the Code of Ordinances entitled "Discharging Weapon" and replacing it with the new section 13-1, entitled "Firearms and Air Guns" by defining "Air Gun" and "Firearm". (Coulon) Suggested Action: Consider revising ordinance in light of the new gun range business opening in The Colony Attachments: Current Sec._13_1.___Discharging_weapon..doc Ord. 2020-xxxx Police Amending Section13-1-Discharge of Weapons.docx 34 Sec. 13-1. - Discharging weapon. It shall be unlawful for any person to fire or discharge any gun, pistol, rifle or firearm, BB gun, air gun or other such instrument of any description within the city. This section shall not apply in the following instances: (1) When the firing is done in the necessary and lawful protection of the person, premises or property, unless such firing is recklessly or carelessly done. (2) When the firing is done in a shooting gallery or gunsmith's establishment and when such shooting gallery or gunsmith's establishment is properly fitted and arranged for the purpose so that no danger arises therefrom; provided, however, no shotgun of any character, nor any pistol or rifle larger than 22-calibre shall be used in a shooting gallery, and that no shooting gallery shall be lawful in a gunsmith's establishment except in connection with the necessary repair of the firearm used. A "shooting gallery" must be indoors. (Ord. No. 17, § 2, 8-1-1977; Code 1983, § 13-1) State Law reference—Unlawful carrying of weapon, V.T.C.A., Penal Code § 46.02. 35 CITY OF THE COLONY, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, REPEALING IN ITS ENTIRETY CHAPTER 13, ARTICLE I, SECTION 13-1 OF THE CODE OF ORDINANCES ENTITLED “DISCHARGING WEAPON,” AND REPLACING IT WITH A NEW SECTION 13-1, ENTITLED “FIREARMS AND AIR GUNS,” BY DEFINING “AIR GUN” AND “FIREARM”; PROHIBITING THE USE OF FIREARMS AND AIR GUNS; AND PROVIDING EXCEPTIONS TO THE PROHIBITION; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000) FOR EACH AND EVERY OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 229.001(a)(3) of the Texas Local Government Code generally provides that a Texas municipality may not adopt regulations relating to the discharge of a firearm or air gun at a sport shooting range; and WHEREAS,the City Council of the City of The Colony, Texas, has discussed and considered such revisions and has determined that it is in the best interest of the City to repeal the current Chapter 13, Article I, Section 13-1, and replace with a new Chapter 13, Article I, Section 13-1to regulate firearms and air guns within the City in accordance with State law. 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 repealing in its entirety Chapter 13, Article I, Section 13-1, entitled “Discharging weapon,” and replacing it with a new Section 13-1, entitled “Firearms and Air Guns,” which shall read as follows: “Sec. 13-1. Firearms and Air Guns. (a)Definitions. For purposes of this section the following terms shall have the respective meanings ascribed to them: Air gun: Has the same meaning as defined in Section 229.001(e)(1) of the Texas Local Government Code, as amended. Firearm: Has the same meaning as defined in Section 46.01(3) of the Texas Penal Code, as amended. 36 Page 2 (b)Prohibitions and exceptions. (1)No air gun may be used in the city except if used in a gun range or gallery or on any private grounds or residence under circumstances in which the property owner consents and in a manner as not to endanger persons or property and also in a manner as to prevent the projectile from traversing any grounds or space outside the limits of such grounds or private property. (2)It shall be unlawful for any person to fire or discharge any gun, pistol, shotgun, rifle or other firearm of any description within the city. (3)The provision of this section shall not apply to the discharge of firearms when permitted or authorized by the laws of the state or United States, or to the discharging of firearms in a shooting gallery or range, or gun smith establishment, when such shooting gallery, range or gun smith establishment is set up and used in accordance to zoning and city ordinances and is completely indoors.” 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.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 Two Thousand Dollars ($2,000.00) for each offense. Every day a violation occurs shall constitute a separate offense. SECTION 5. 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 21st DAY OF JULY 2020. Joe McCourry, Mayor ATTEST: Tina Stewart, TRMC, City Secretary 37 Page 3 APPROVED AS TO FORM: Jeff Moore, City Attorney 38 Agenda Item No:5.2 CITY COUNCIL Agenda Item Report Meeting Date: July 21, 2020 Submitted by: Tim Miller Submitting Department: Finance Item Type: Ordinance Agenda Section: Subject: Discuss and consider approving an ordinance amending the 2019-2020 Utility Fund operating budget for street and alley repairs by an increase of $200,000.00. (Miller) Suggested Action: Additional street and alleys identified as needing immediate repairs. Attachments: Ord. 2020-xxx 2019-20 BUDGET AMENDMENT Utility Fund.doc 39 CITY OF THE COLONY, TEXAS ORDINANCE NO. 2020 -_______ AMENDING THE FISCAL YEAR 2019-2020 BUDGET AN ORDINANCE AMENDING ORDINANCE 2019-2373, ADOPTING THE FISCAL YEAR 2019-2020 BUDGET FOR THE UTILITY FUND OF CITY OF THE COLONY, TEXAS BY REALIGNING BUDGETS AS SET FORTH HEREIN; PROVIDING FOR INCORPORATION OF PREMISES; PROVIDING FOR THE ADOPTION OF THIS ORDINANCE AMENDING THE FISCAL YEAR 2019-2020 BUDGET FOR THE UTILITY FUND OF THE CITY OF THE COLONY; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; AND NAMING AN EFFECTIVE DATE. WHEREAS, the Council of the City of The Colony is conducting business pursuant to a budget for fiscal year 2019-2020, heretofore previously adopted by Ordinance No. 2019-2373 on the 17th day of September, 2019; and WHEREAS, Section 102.010 of the Texas Local Government Code authorizes the governing body of a municipality to make changes in the budget for municipal purposes; and WHEREAS, the City of The Colony finds it in the best interest of the City to increase the Utility Fund operating budget by $200,000 for additional street and alley repairs. WHEREAS, the City Council has reviewed the budget and has determined that a valid municipal purpose is served by such budget increases and reallocation of funds. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. INCORPORATION OF PREMISES The above and foregoing premises are incorporated into the body of this Ordinance as if copied herein in their entirety. SECTION 2. AMENDMENT AND ADOPTION That the Utility Fund budget for the fiscal year ending September 30, 2020 heretofore previously adopted by Ordinance 2019-2373 duly enacted by the City Council of the City of The Colony on the 17th day of September, 2019, be and is hereby amended as set forth herein, which amendment 40 2 is hereby, in all respects, finally approved and adopted as so changed; and the same shall be hereby filed with the City Secretary of the City of The Colony. SECTION 3. BUDGET INCREASES That the 2019-2020 Utility Fund budget be amended by increasing street and alley repairs by $200,000. SECTION 4. CUMULATIVE CLAUSE This Ordinance shall be cumulative of all provisions of Ordinances of the City of The Colony, Texas except where the provisions of this Ordinance are in direct conflict with the provisions of such Ordinances, in which event the conflicting provisions of such Ordinances are hereby repealed. SECTION 5. SEVERABILITY CLAUSE It is hereby declared to be the intention of the City Council of The City of The Colony 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 should 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, or sections of this Ordinance, since the same would have been enacted by the City Council without incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph, or section. SECTION 6. SAVINGS CLAUSE All rights and remedies of the City of The Colony are expressly saved as to any and all violations of the provisions of any Ordinances affecting budgets, budget approval or adoption, which have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such Ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 7. EFFECTIVE DATE This Ordinance shall be in full force and effect from and after its date of passage. 41 3 PASSED AND APPROVED by the City Council of the City of The Colony, Texas, this 21st day of July 2020. __________________________________ Joe McCourry, Mayor City of The Colony, Texas ATTEST: __________________________________ Tina Stewart, City Secretary APPROVED AS TO FORM: Jeff Moore, City Attorney City of The Colony, Texas 42 Agenda Item No:5.3 CITY COUNCIL Agenda Item Report Meeting Date: July 21, 2020 Submitted by: Tina Stewart Submitting Department: Public Works/Water Distribution Item Type: Resolution Agenda Section: Subject: Discuss and consider approving a resolution adopting the 2019 Water Conservation Plan in the 2020 year. (Arthur) Suggested Action: SUMMARY OF REQUEST: The city of The Colony currently has a drought contingency plan shown in our code of ordinances as Chapter 12, Article VI, Sections 12-118.1 and 12-118.2 in addition to a water conservation plan that was adopted by council on May 18, 2009. Title 30, Chapter 288, Rle 288.2(c) of the Texas Administrative Code requires the city to review and update, as appropriate, the drought contingency plan, at least every (5) years, based on new or updated information, such as the adoption or revision of the regional water plan in addition to reviewing and updating its water conservation plan, as appropriate, based on an assessment of previous five-year and ten-year targets and any other new or updated information. Staff has reviewed the drought contingency plan contained in our ordinance and determined that the provisions are appropriate for the city and do not require further amendment. With regard to the water conservation plan, staff has determined that it would be in the city's best interest for City Council to adopt a revised 2019 conservation plan. BACKGROUND: On an annual basis staff is required to provide various reports to TCEQ. Every five years we are required to update both the water conservation plan and drought contingency plan if appropriate. RECOMMENDATIONS: Staff recommends that City Council adopt the proposed water conservation plan submitted to the Texas Water Development Board in 2019. Attachments: 2019 Water Conservation Plan.docx Res. 2020-xxx Water Conservation Plan.doc 43 City of The Colony 2019 Water Conservation Plan City of The Colony Water Utilities Water Production Department 44 City of The Colony Water Conservation Plan 2 6800 Main Street The Colony, Texas 75056 Table of Contents 1.0 INTRODUCTION 1.1 STATE OF TEXAS REQUIREMENTS 2.0 WATER CONSERVATION PLANNING GOALS ......................................................7 2.1 BENEFITS OF WATER CONSERVATION ......................................................................................... 7 2.2 DWU’S WATER CONSERVATION PLANNING GOALS ................................................................... 8 2.3 QUANTIFIED FIVE-AND TEN-YEAR GOALS FOR WATER SAVINGS .............................................. 8 3.0 POPULATION FORECASTS AND PER CAPITA WATER USE ..........................9 3.1 DWU’S CUSTOMER AND POPULATION FORECAST....................................................................... 9 3.2 LONG-RANGE WATER PLANNING EFFORTS ................................................................................. 9 4.0 DESCRIPTION OF THE DWU WATER SYSTEM ..................................................11 4.1 WATER SUPPLY SOURCES...........................................................................................................11 4.2 TREATED WATER STORAGE AND DISTRIBUTION SYSTEMS.........................................................11 4.3 WASTEWATER TREATMENT PLANT ............................................................................................12 5.0 THE COLONY’S WATER CONSERVATION PROGRAM .................................12 5.1 ACCURATE SUPPLY SOURCE METERING .....................................................................................12 5.2 UNIVERSAL METERING, METER TESTING AND REPAIR,AND PERIODIC METER REPLACEMENT .12 5.3 LEAK DETECTION, REPAIR,AND CONTROL OF UNACCOUNTED-FOR WATER ..............................13 5.4 MONITORING AND RECORD MANAGEMENT OF WATER DELIVERIES, SALES AND LOSSES ..........13 5.5 CONTINUING PUBLIC EDUCATION PROGRAM .............................................................................13 5.5.1 Public Awareness Campaign ................................................................................................14 5.6 CITY LEADERSHIP AND COMMITMENT MEASURES .....................................................................14 5.8 NON-PROMOTIONAL WATER RATE STRUCTURE .........................................................................14 5.11 MEANS TO IMPLEMENT AND ENFORCE THE WATER CONSERVATION PLAN ................................14 5.12 COORDINATION WITH REGIONAL WATER PLANNING GROUPS ...................................................15 5.13 DESEGREGATION OF WATER SALES BY CUSTOMER CLASS ........................................................15 5.14 PLUMBING CODE ORDINANCES ..................................................................................................15 5.15 WATER WASTE PROHIBITION .....................................................................................................16 5.16 WASTEWATER REUSE AND RECYCLING ......................................................................................16 5.16.1 Direct Reuse Projects ...........................................................................................................16 5.16.2 Indirect Reuse Projects.........................................................................................................16 5.17 METHOD TO MONITOR THE EFFECTIVENESS OF THE PLAN .........................................................16 APPENDIX A STANDARD RATE SCHEDULE APPENDIX B IMPLEMENTATION SCHEDULE CITY COUNCIL RESOLUTION COORDINATION WITH REGION C PLANNING GROUP 45 City of The Colony Water Conservation Plan 3 Water Conservation Plan for the City of The Colony Water Utilities 1.0 Introduction The Colony Water Utilities is a retail provider of water in The Colony that currently serves over 40 Thousand people within a 16 square mile service area. The Colony has actively procured water supplies from Dallas Water Utilities, Plano Water Utilities and developed well water treatment facilities which make it possible for The Colony to provide water to its customers. In Calendar Year (CY) 2018, The Colony delivered over 1.8 billion gallons of treated water. As the population grows demand for service increase and in order to meet demand The Colony must plan for increasing the available water supply and expanding its transmission, treatment, and distribution facilities. The Colony considers water conservation an integral part of this planning process. The City has had a water conservation program since the late 1990’s. In 2009, The Colony increased its conservation efforts with the amendment of “Chapter 12 MUNICIPAL UTILITIES AND SERVICES,” of The Colony Code of Ordinances to include, CONSERVATION MEASURESRELATING TO LAWNANDLANDSCAPEIRRIGATION. 1.1 State of Texas Requirements The Texas Administrative Code Title 30, Chapter 288 (30 TAC § 288) requires holders of an existing permit, certified filing, or certificate of adjudication for the appropriation of surface water in the amount of 1,000 acre-feet a year or more for municipal, industrial, and other non-irrigation uses to develop, submit, and implement a water conservation plan and to update it according to a specified schedule. As such, the City is subject to this requirement. Because the City provides water as a municipal public water supplier, the City’s Water Conservation Plan must include information necessary to comply with Texas Commission on Environmental Quality (TCEQ) requirements for each of these designations.1 The requirements of Subchapter A that must be included in the City of The Colony’s Water Conservation Plan are summarized below. Minimum Requirements for Municipal Public and Wholesale Water Suppliers Utility Profile: Includes information regarding population and customer data, water use data (including total gallons per capita per day (GPCD) and residential GPCD), water supply system data, and wastewater system data. (Sections 3 and 4; Appendix A) Description of the Wholesaler’s Service Area: Includes population and customer data, water use data, water supply system data, and wastewater data. (Figure 3-1) Goals: Specific quantified five-year and ten-year targets for water savings to include goals for water loss programs and goals for municipal and residential use, in GPCD. The goals 46 City of The Colony Water Conservation Plan 4 established by a public water supplier are not enforceable under this subparagraph. (Sections 2.2 and 2.3) Accurate Metering Devices: The TCEQ requires metering devices with an accuracy of plus or minus 5 percent for measuring water diverted from source supply. (Section 5.1) Universal Metering, Testing, Repair, and Replacement: The TCEQ requires that there be a program for universal metering of both customer and public uses of water for meter testing and repair, and for periodic meter replacement. (Section 5.2) Leak Detection, Repair, and Control of Unaccounted for Water: The regulations require measures to determine and control unaccounted-for water. Measures may include periodic visual inspections along distribution lines and periodic audits of the water system for illegal connections or abandoned services. (Sections 5.3 and 5.4) Continuing Public Education Program: TCEQ requires a continuing public education and information program regarding water conservation. (Section 5.5) Non-Promotional Rate Structure: Chapter 288 requires a water rate structure that is cost- based and which does not encourage the excessive use of water. (Section 5.8 and Appendix A) Reservoir Systems Operational Plan: This requirement is to provide a coordinated operational structure for operation of reservoirs owned by the water supply entity within a common watershed or river basin in order to optimize available water supplies. (Section 5.10) Wholesale Customer Requirements: The water conservation plan must include a requirement in every water supply contract entered into or renewed after official adoption of the Water Conservation Plan, and including any contract extension, that each successive wholesale customer develop and implement a water conservation plan or water conservation measures using the applicable elements of Title 30 TAC Chapter 288. (Section 5.9) A Means of Implementation and Enforcement: The regulations require a means to implement and enforce the Water Conservation Plan, as evidenced by an ordinance, resolution, or tariff, and a description of the authority by which the conservation plan is enforced. (Sections 5.0 through 5.17) Coordination with Regional Water Planning Groups: The water conservation plan should document the coordination with the Regional Water Planning Group for the service area of the public water supplier to demonstrate consistency with the appropriate approved regional water plan. (Section 5.12) Additional Requirements for Cities of More than 5,000 People Program for Leak Detection, Repair, and Water Loss Accounting: The plan must include a description of the program of leak detection, repair, and water loss accounting for the water transmission, storage, delivery, and distribution system. (Sections 5.3 and 5.4) Record Management System: The plan must include a record management system to record water pumped, water deliveries, water sales and water losses which allows for the 47 City of The Colony Water Conservation Plan 5 desegregation of water sales and uses into the following user classes (residential; commercial; public and institutional and industrial). (Sections 5.4 and 5.14) Requirements for Wholesale Customers: The plan must include a requirement in every wholesale water supply contract entered into or renewed after official adoption of the plan (by either ordinance, resolution, or tariff), and including any contract extension, that each successive wholesale customer develop and implement a water conservation plan or water conservation measures using the applicable elements in 30 TAC § 288. If the customer intends to resell the water, the contract between the initial supplier and customer must provide that the contract for the resale of the water must have water conservation requirements so that each successive customer in the resale of the water will be required to implement water conservation measures in accordance with the provisions of 30 TAC § 288. (Section 5.9) Additional Conservation Strategies: TCEQ Rules also list additional optional but not required conservation strategies which may be adopted by suppliers. The following optional strategies are included in this plan: o Conservation-Oriented Water Rates. (Section 5.8 and Appendix A) and water rate structures such as uniform or increasing block rate schedules, and/or seasonal rates, but not flat rate or decreasing block rates; o Ordinances, Plumbing Codes and/or Rules on Water Conservation Fixtures. (Section 5.14) o Fixture Replacement Incentive Programs. (Sections 5.7.1 through 5.7.3) o Reuse and/or Recycling of Wastewater and/or Gray Water. (Sections 5.16 through 5.16.3) o Ordinance and/or Programs for Landscape Water Management (Sections 5.5.4 and 5.14). o Method for Monitoring the Effectiveness of the Plan. This Water Conservation Plan sets forth a program of long-term measures under which the City of The Colony can improve the overall efficiency of water use and conserve its water resources. Short- term measures which respond to specific water management conditions (i.e., periods of drought, unusually high water demands, unforeseen equipment or system failure, or contamination of a water supply source) are described in the City of The Colony Drought Contingency Plan. 2.0 Water Conservation Planning Goals The objective of this Water Conservation Plan is to achieve efficient use of water through practices and measures that reduce water consumption and water losses and increase water reuse. Meeting this objective will allow the use of available water supplies and existing infrastructure to be extended into the future. 2.1 Benefits of Water Conservation A well-designed Water Conservation Plan will not deprive the community of essential water uses; rather, it will provide a blueprint for efficient water use. The benefits of water conservation not only include those derived from avoided costs, but also others that may not be as easily enumerated in terms of dollars yet hold significant importance to the City in terms of value. Benefits of water conservation include: 48 City of The Colony Water Conservation Plan 6 Delays the need to develop expensive future water supplies. Costs associated with developing new water supplies (or purchasing new water) are numerous. These can include capital costs for construction of pumping facilities, pipelines, water wells, water storage, and related facilities; costs of obtaining permits; and operational costs such as labor, energy, and chemicals. Extends the life of existing water supplies and infrastructure. Pressures within the water system will increase in localized areas in order to meet increasing customer demands. Increased pressures within an aging infrastructure will mean more leaks from the system. When water demands are maintained or reduced through conservation, higher system pressure is avoided. Reduces peak requirements. A water system is sized to meet its customers’ peak demands. When these peak demands are reduced through water conservation, a portion of the system’s capacity is freed-up for other water customers. This, in effect, increases the base capacity of the system. Lowers capital and operating costs of the existing system.The need for expanding the water treatment and distribution system is delayed or avoided. Operational costs, such as power and chemicals, are also reduced. Other benefits include the generation of positive environmental effects, improving customer good will and promoting a positive image for The City of The Colony. 2.2 The City’s Water Conservation Planning Goals Listed below are many of the planning goals considered important during the water conservation planning process: Reduce seasonal peak demands Reduce water loss and waste Decrease consumption measured as gallons per capita per day (GPCD) Maintain quality of life Allow continued economic growth and development Maintain a heightened public awareness of water conservation in The Colony “Lead by example” by upgrading city facilities with water efficient fixtures, landscapes, and irrigation systems wherever possible Facilitate regional conservation efforts among neighboring municipalities Establish the foundation for continuation of water savings targets for the following five- year period Remain consistent with the Region C Water Plan Incorporate, to the extent practicable, measures identified in the Texas Water Development Board’s (TWDB’s) best management practices (BMP) Guide. 49 City of The Colony Water Conservation Plan 7 2.3 Quantified Five- and Ten-Year Goals for Water Savings Specific elements of the Water Conservation Plan, including planned initiatives, are described in Section 5.0. The development of the planned initiatives involved the identification and examination of numerous conservation strategies. These strategies were derived from several sources, including state agency directives, regional water planning groups, water conservation literature, water conservation programs used by other municipalities, and the City’s existing Water Master Plan. Targeted water savings are based on the planned BMPs, historical water use patterns, literature values, and experience with other utilities. Savings include the combined efforts of all program elements and the components thereof. Table 2-1: City of The Colony Five- and Ten-Year Goals for Water Savings Historic 5-yr Average Baseline 5-yr Goal for Year 2024 10-yr Goal for Year 2029 Total GPCD 118 118 122 121 Residential GPCD 76 76 74 73 Water Loss GPCD 14 14 14 13 Water Loss (Percentage) 12%11.86%11%11% The “Total” GPCD five and ten-year targets (Table 2-1) Residential per capita water use. Including single-family and multi-family residential uses, the five-year rolling average per capita water use in 2018 was 83 GPCD. 3.0 Population Forecasts and Per Capita Water Use 3.1 Customer and Population Forecast The City Of The Colony supplies retail treated municipal water to The Colony. The estimated population for 2018 was 42,090. A map of the City’s service area, is shown in (Figure 3-1). The total treated water populations served for the past five years, is illustrated in (Table 3-1) 3.2 Long-Range Water Planning Efforts The City conducts long-range water planning efforts on a regular basis in order to maintain a reliable supply that meets the demand of the service area. The Long Range Water Supply Plan (LRWSP), currently underway includes revised population, per capita consumption, and total demand projections. The population projections are presented in (Table 3-2). 50 City of The Colony Water Conservation Plan 8 Figure 3-1: Water Utility Service Area 51 City of The Colony Water Conservation Plan 9 Table 3-1: Population Served (Retail Customers) Year 2014 2015 2016 2017 2018 Total Population 42,268 39,310 44,228 44,228 42,090 Table 3-2: Population Projections for the City of The Colony Year 2020 2030 2040 2050 2060 2070 Population 44,650 55,637 66,492 67,600 67,600 67,600 4.0 Description of The Colony Water System The City has supplied water to meet the needs of The Colony since 1985. Through a complex system of Transmission Lines, Treatment, and Distribution Facilities and Recycled water projects, existing are also components of the City water system. 4.1 Water Supply Sources The City has five water wells, strategically located in the system. The systems design corresponds to the city’s overall water treatment system infrastructure, which includes the Office Creek Pump Station where purchased water from (DWU) and well water from the City’s water well are stored before being delivered to the distribution system. The Wynnwood Pump Station is located in the (Tribute) area. Plano Water Utility supplies water to The Colony along Windhaven PKWY East of the BNSF railroad. All together The Colony has a total of five Pump Stations and a series of water wells. Water wells are located at Pump Station #1 at 5033 Clover Valley with two water wells, Pump Station #2 located at 6809 Main St. with one water well, Pump Station #3 located at 5572 North Colony with one water well and Office Creek Pump Station located at 4180 Main St. The Five Star Sports Complex has one water well used for irrigation. Table 4-1: Summary of Available Water Supply Sources Source Amount Authorized (MGD) Firm Yield Available (MGD) Contract Dallas Water Utility 6 6 Plano Water Utility 4 4 Well Trinity Aquifer 9 9 Paluxy Aquifer .259 .259 Other N/A Non Potable Well (Irrigation) Paluxy Aquifer .288 .288 52 City of The Colony Water Conservation Plan 10 4.2 Treated Water Storage and Distribution Systems The City distribution system is divided into three pressure zones Central, North West (Tribute), South East (Austin Ranch) with several intermediate areas of service supplied via inline boosters and pressure reducing valves. Each pressure zone includes one or more ground or elevated storage tanks that are designed to act both as pressure equalizers and fire protection storage within the area. Treated water is pumped into the distribution system from one of the 5 pump stations. Transfers from pump stations are accomplished by means of “high service” pumps that are located at the stations in the distribution system. These “high service” pumps are supplied directly from the pump station clear wells or ground storage tanks. There are a combined total of 5 pump stations, 4 clear wells, 3 ground storage reservoirs, and 3 elevated storage tanks in the distribution system. The clear wells have a combined storage capacity of 2.4 MG; the ground storage reservoirs and elevated storage tanks have a total 7 MG and 2 MG, respectively. The combined storage capacity of the system is approximately 11.4 MG. The water distribution system consists of approximately 197.3 linear miles of pipe. The capacity of the treated water distribution system is constantly being upgraded and re-assessed to improve the ability of the distribution system to meet customers’ needs and to replace aging infrastructure. 4.3 Wastewater Treatment Plants The City of The Colony operates one wastewater treatment plant (WWTP) –Stewart Creek WWTP - that serves The City of The Colony. The WWTP has an annual average flow permitted capacity of 4.5MGD with a 13.5 MGD 2-hour peak. A general description of the plant is as follows: Stewart Creek WWTP is currently rated at 4.5 MGD capacity and is located 3 miles North of SH121 in The City of The Colony. It consists of one split well influent pump station, one primary head works with two parallel fine screens and two parallel grit chambers, three parallel biological aeration treatment trains, three parallel secondary clarifiers, four parallel cloth disk filters, two parallel channels with four modules each of Ultra Violet disinfection lamps, and one reuse holding tank with four reuse pumps. Sludge from the Stewart Creek WWTP is dewatered on one two-meter belt press and the final solids disposed of in a landfill. Stewart Creek WWTP Collection System consists of 203 miles of wastewater pipes and 9 waste water lift stations. 5.0 The Colony’s Water Conservation Program The City of The Colony has a history of providing guidance in the area of water conservation to the public. This section provides a description of the city’s existing water conservation program 53 City of The Colony Water Conservation Plan 11 and the enhancements or new conservation measures that are planned to achieve or exceed the City’s stated water conservation goal. 5.1 Accurate Supply Source Metering The City has a comprehensive program to meter water diverted from supply sources within the water system. All untreated water diversions to the City of The Colony Well Water Treatment Plants are metered using Propeller and Mag meters located at the plants. The meters are calibrated annually in accordance with those standards to an accuracy of plus or minus 5% accuracy per TCEQ requirements. All untreated water diverted from supply sources is compiled in an annual Water Report, which shows diversions on a monthly basis. 5.2 Universal Metering, Meter Testing and Repair, and Periodic Meter Replacement Universal Metering - The current City ordinance requires metering of all connections, except closed fire systems with alarms. Individual metering is required at all single-family residential locations. Most multifamily residential locations, such as apartments and condominiums, have individual metering for each building or designated water user. Some commercial businesses are combined through a single master meter as well. Dual metering is currently provided to some customers based on the individual needs of the user. All treated water pumped from the WTPs is compiled in an annual Pumped Water Report, which shows water pumped on a monthly basis. Treated purchased water is metered by Dallas Water Utilities using Venturi meters with rate-of- flow controllers (ROFCs). Purchased water is metered by the City of Plano using Compound meters. Raw well and treated water pumped into and from storage tanks is metered using Mag meters, Propeller meters and Venturi meters. All purchase and well water metered is included in City of The Colony’s Annual Supplied and Pumped Water Report. Meter Testing and Repair –Meters are tested and calibrated in accordance with AWWA standards to accuracy within plus or minus 5 percent. The city maintains a program to pull, test, and replace any meters determined to be functioning outside of these parameters. Periodic Meter Replacement –Most residential meters are replaced after 1 million gallons. Repair or replacement of larger general service meters is generally provided at five-year intervals with annual testing. 5.3 Leak Detection, Repair, and Control of Unaccounted-for Water The City has an extensive leak detection and repair program and is committed to maintaining the integrity of the system. Currently, the City has an annual budget of $1.6 million for maintenance and upkeep of the distribution system. The majority of the budget is used for personnel, equipment, and materials. Currently approximately 20 employees are employed to operate the distribution system. Most leaks, illegal connections, or abandoned services are discovered through the visual observation of field crews or are reported by the public. In 2018, staff investigated over 1,292 leaks. The Leak Detection Program has the goal of surveying the entire water system and improving the integrity of the water system. The goal is to survey all pipelines annually. Staff members utilize leak detection equipment, including leak listening devices, meter pressure checks and periodic water audits for illegal connections or abandoned services. Pressure checks are also performed on fire hydrants during flushing and routine exercising. Additionally, pump stations and elevated tanks 54 City of The Colony Water Conservation Plan 12 levels and system pressures are continuously monitored via the Supervisor Control and Data Acquisition System (SCADA). 5.4 Monitoring and Record Management of Water Deliveries, Sales and Losses The City regularly monitors all water flows and sales to both treated and untreated water customers. All critical data, such as raw well water to WTPs, treated water pumped to distribution, and unaccounted-for water losses are available on a regular basis, as needed. All water sources and service connection accounts are individually metered and read on a regular basis to facilitate accurate comparisons and analysis. 5.5 Continuing Public Education Program The City recognizes that water conservation is a significant benefit to individuals and communities in terms of long-term water supply availability and costs. The most readily available and lowest cost method of promoting water conservation is to inform retail water users about ways to save water in homes and businesses, in landscaping and lawn uses, and in recreational uses. The City currently provides the information to public in the following manner. 5.5.1 Public Awareness The City provides the public with water conservation pamphlets containing information on simple easy to follow ways to save water and Water Conservation and Drought Contingency Plans have been made available to the public. Additionally, this information is available at kiosks throughout City Facilities, including the lobby of City Hall and Public Library. Conservation information and City events and environmental program functions that involve the general public is distributed to new customers Public information is also available on the City website and other public media outlets supported by the City. In addition the City conducts educational tours at our facilities to local students. During the tours students are involved in conversations on water conservation tips and receive written information that can be practiced at home. 5.6 Non-promotional Water Rate Structure The City has a conservation-oriented rate structure for customers. Under the increasing block rate structure, customers are billed a water meter service charge which increases with the size of their meters. Customers are also billed for water usage, and increasing usage results in a higher unit cost for water. Connecting higher rates to increased consumption discourages customers from wasting water. A copy of the City’s rates is provided in Appendix A. 5.7 Means to Implement and Enforce the Water Conservation Plan The City administers and implements various components of the Water Conservation Program within the City of The Colony as authorized by the City Code of Ordnance, Chapter 12, Municipal Utility and Services. The enforcement of the water rate structure and metering is automatic. Water conservation lawn and landscape restrictions are enforced by the Department of Code Compliance. 55 City of The Colony Water Conservation Plan 13 Water contracts with wholesale suppliers require the City to develop a water conservation plan to ensure that available supplies are used efficiently. 5.8 Coordination with Regional Water Planning Groups The City will provide a copy of this Water Conservation Plan to the Region C Water Planning Group. As a retail water supplier in the region, The City will work with the Regional Water Planning Group to improve efficient utilization of existing water resources and/or develop new resources which meet the needs of the region. 5.9 Desegregation of Water Sales by Customer Class The City separates water customers into three general account classes: Residential – The Residential class includes single-family residences. Commercial – The Commercial class includes master metered multi-family housing, master metered apartments, and master metered mobile homes, office buildings, restaurants, hotels, churches, and other commercial and light industrial customers. Institutional – The Institutional class consists of city buildings, parks, fire stations, libraries. Based on the average retail water sold within the City of Colony from 2014 -2018, Commercial and Residential customers account for the majority of the City’s water consumption (Figure 5-1). Figure 5-1: Average Water Consumption by Account Class, 2014 to 2018 5.10 Plumbing Code Ordinances The State of Texas has placed maximum flow rate requirements on plumbing fixtures. As of January 1, 2014, the law requires maximum average flow rates of (1.28) gallons per flush (gpf) for 56 City of The Colony Water Conservation Plan 14 toilets and (1) gpf for urinals. Effective October 12, 2013, the City of The Colony amended the plumbing code by adopting the 2012 Edition of the International Plumbing Code Council, Inc. with specified exceptions. The City code at a minimum complies with State of Texas requirements. 5.11 Wastewater Reuse and Recycling The Colony has developed water recycling projects and plans for additional projects, as described in the following sections: direct reuse projects, indirect reuse projects, and contracts for return flows into reservoirs. Table 5-1 presents a summary of direct and indirect recycled water projects. Table 5-1: Summary of The Colony Recycled Water Projects Project Supply (MG) Direct Recycle Projects Landscape irrigation (parks, Golf Courses)146.000 Indirect Recycle Augmentation Return Flow to Reservoir 1022.580 Total 1168.580 5.11.1 Direct Reuse Projects The Colony provides recycled water from the WWTP to the Stone Briar Country Club golf courses for irrigation. The golf courses currently uses up to 1.7 MGD. 5.11.2 Indirect Reuse Projects The Colony releases treated wastewater back into the Lake Lewisville Reservoir after it has been processed through the plant. 5.12 Method to Monitor the Effectiveness of the Plan The effectiveness and efficiency of the water conservation program will be monitored on an ongoing basis by city staff. Staff determines the extent of water conservation by compiling implementation data, monitoring water consumption, modeling water demand, and tracking water conservation costs. Annual Report on Water Conservation Activities – 30 TAC § 288 requires that each entity that is required to submit a water conservation plan to the TWDB or the TCEQ shall file an annual report to the TWDB on the entity's progress in implementing each of the minimum requirements in their water conservation plan. The Colony submitted the first of these yearly reports on April 26, 2010. This report will be submitted in accordance with the requirement. 57 APPENDIX A:STANDARD RATE SCHEDULE UTILITY FUND Water Rates 2018 - 2019 Inside City Outside City Meter size (inches Rate Meter size (inches Rate 5/8 18.39 5/8 27.59 3/4 24.39 3/4 36.59 1 34.57 1 51.86 1 1/2 67.10 1 1/2 100.64 2 111.83 2 167.77 3 172.88 3 259.24 4 269.35 4 404.02 6 606.04 6 909.04 8 1,363.60 8 2,045.37 10 3,068.10 10 4,602.14 Commodity rate (per thousand gallons)Commodity rate (per thousand gallons) 2,001 - 15,000 4.16 2,001 - 15,000 6.25 15,001 - 25,000 5.19 15,001 - 25,000 7.76 25,001 - 40,000 5.54 25,001 - 40,000 8.27 40,001 and over 6.04 40,001 and over 9.06 Zone 5 Water Rates 2,001 - 15,000 4.77 2,001 - 15,000 6.86 15,001 - 25,000 5.80 15,001 - 25,000 8.36 25,001 - 40,000 6.15 25,001 - 40,000 8.88 40,001 and over 6.64 40,001 and over 9.67 Sewer Rates 58 2018 - 2019 Inside City Outside City Meter size (inches Rate Meter size (inches Rate 5/8 17.81 5/8 26.73 3/4 21.63 3/4 32.49 1 29.31 1 43.98 1 1/2 48.50 1 1/2 72.76 2 71.49 2 107.28 3 125.23 3 187.84 4 201.93 4 302.92 6 516.99 6 775.48 8 1,323.46 8 1,985.17 10 3,388.06 10 5,082.05 Commodity rate (per thousand gallons)Commodity rate (per thousand gallons) Residential (over 2,000 gal)3.74 Residential (over 2,000 gal)5.61 Commercial (over 2,000 gal)5.05 Commercial (over 2,000 gal)7.55 ` 59 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2020 -_____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, ADOPTING THE WATER CONSERVATION PLAN FOR THE CITY OF THE COLONY, TEXAS; ESTABLISHING A WATER CONSERVATION PLAN FOR THE CITY OF THE COLONY, TEXAS; PROVIDING A REPEALER CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council for the City of The Colony, Texas (hereinafter referred to as the “City”) previously adopted a Drought Contingency Plan and Water Conservation Plan; and WHEREAS,the City Council has investigated and determined that the amount of water available to the City of The Colony, Texas, its citizens and water customers is limited; and WHEREAS,the City Council has further investigated and determined that due to natural limitations, drought conditions, system failures and other acts of God which may occur, the City cannot guarantee an uninterrupted water supply for all purposes at all times; and WHEREAS, Title 30, Chapter 288, Rule 288.20(c) of the Texas Administrative Code requires the City to review and update, as appropriate, the drought contingency plan, at least every five (5) years, based on new or updated information, such as the adoption or revision of the regional water plan; and WHEREAS,the City has reviewed the City’s drought contingency plan contained in Sections 12-118.1 and 12-118.2 of the Code of Ordinances of the City of The Colony, Texas, and finds and determines that the provisions are appropriate for the City and do not require further amendment; and WHEREAS, Title 30, Chapter 288, Rule 288.2(c) of the Texas Administrative Code requires the City to review and update its water conservation plan, as appropriate, based on an assessment of previous five-year and ten-year targets and any other new or updated information; and WHEREAS,the City Council has discussed and considered such revisions and has determined that it is in the best interest of the City to adopt a revised water conservation plan as contained in this Resolution. NOW THEREFORE, BE IT RESOLVED 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 Resolution as if fully set forth herein. 60 Page 2 SECTION 2.That the City Council of the City of The Colony, Texas, does hereby approve the “City of The Colony Water Conservation Plan” a copy of which is attached hereto as Exhibit A, and is incorporated herein for all purposes. SECTION 3.That Resolution No. 09-036 of the City Council of the City of The Colony, Texas, approved on May 18, 2009, is repealed in its entirety. SECTION 4. That this Resolution shall become effective immediately upon passage of this Resolution. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, ON THIS THE 7th day of July, 2020. Joe McCourry, Mayor ATTEST: Tina Stewart, City Secretary, TRMC APPROVED AS TO FORM: Jeff Moore, City Attorney 61 Page 3 Exhibit A City of The Colony Water Conservation Plan 62 Agenda Item No:5.4 CITY COUNCIL Agenda Item Report Meeting Date: July 21, 2020 Submitted by: Tina Stewart Submitting Department: Item Type: Resolution Agenda Section: Subject: Discuss and consider approving a resolution casting the city’s vote for a nominee to serve as a member of the Board of Managers for the Denco Area 9-1-1 District.(Council) Suggested Action: Attachments: Denco Area 9-1-1 District Supporting Documents.pdf Res 2020-xxx Denco 9-1-1 District - VOTE.doc 63 64 65 66 67 68 69 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2020 -______ A RESOLUTION APPOINTING ONE MEMBER TO THE BOARD OF MANAGERS OF THE DENCO AREA 9-1-1 DISTRICT 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 CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1.That the City of The Colony hereby votes for 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 July, 2020. Joe McCourry, Mayor City of The Colony, Texas ATTEST: Tina Stewart, TRMC, City Secretary APPROVED AS TO FORM: Jeff Moore, City Attorney 70 Agenda Item No:6.1 CITY COUNCIL Agenda Item Report Meeting Date: July 21, 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: 71 Agenda Item No:7.1 CITY COUNCIL Agenda Item Report Meeting Date: July 21, 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: 72