CITY OF THE COLONYCITY COUNCIL AGENDATUESDAY, APRIL 21, 2020

6:30 PM

TO ALL INTERESTED PERSONSNotice is hereby given of a REGULAR SESSION of the CITY COUNCIL of the City of The Colony,Texas to be held at 6:30 PM on TUESDAY, APRIL 21, 2020 at CITY HALL and via VIDEOCONFERENCE, 6800 MAIN ST., THE COLONY, TX, at which time the following items will beaddressed:

1 ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS

1.1 Call to Order

1.2 Invocation

1.3 Pledge of Allegiance to the United States Flag

1.4 Salute to the Texas Flag

1.5 Proclamation: Child Abuse Awareness Month (Council)

1.6 Items of Community Interest

2 CITIZEN INPUTThis portion of the meeting is to allow up to five (5) minutes per speaker with a maximum ofthirty (30) minutes for items not posted on the current agenda. The council may not discuss theseitems, but may respond with factual data or policy information, or place the item on a futureagenda. Those wishing to speak shall submit a Request Form to the City Secretary.

3 WORK SESSIONThe Work Session is for the purpose of exchanging information regarding public business orpolicy. No action is taken on Work Session items. Citizen input will not be heard during thisportion of the agenda.

3.1 Council to provide direction to staff regarding future agenda items. (Council)

4 CONSENT AGENDAThe Consent Agenda contains items which are routine in nature and will be acted upon in onemotion. Items may be removed from this agenda for separate discussion by a Council member.

4.1 Consider approving City Council Regular Session meeting minutes for April 7, 2020. (Stewart)

4.2 Consider approving Council expenditures for the month of February and March 2020. (Council)

4.3 Consider approving a resolution authorizing the City Manager to deny Oncor Electric Delivery CompanyLLC's requested rate change. (Cranford)

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REGULAR SESSION of the CITY COUNCIL AgendaMeeting Date: 04/21/2020

Page - 2

4.4 Discussion and approve actions to include adjustments on extension of disaster declaration due to theCoronavirus (COVID-19) as authorized by Section 418.108 of the Texas Government Code. (Council)

5 REGULAR AGENDA ITEMS

5.1 Discuss and consider making a nomination by resolution for a candidate to serve on the Denco Area9-1-1 District Board of Managers for a two year term beginning October 1, 2020. (Council)

6 EXECUTIVE SESSION

6.1 Council shall convene into a closed executive session pursuant to Section 551.072 of the TexasGovernment Code to deliberate the purchase, exchange, lease, or value of real property.

7 EXECUTIVE SESSION ACTION

7.1 Any action as a result of executive session regarding the purchase, exchange, lease, or value of realproperty.

EXECUTIVE SESSION NOTICEPursuant to the Texas Open Meeting Act, Government Code Chapter 551 one or more of theabove items may be considered in executive session closed to the public, including but not limitedto consultation with attorney pursuant to Texas Government Code Section 551.071 arising out ofthe 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 theconclusion of the executive session.

ADJOURNMENTPersons with disabilities who plan to attend this meeting who may need auxiliary aids such asinterpreters for persons who are deaf or hearing impaired, readers or, large print are requested tocontact the City Secretary’s Office, at 972-624-3105 at least two (2) working days prior to themeeting so that appropriate arrangements can be made.

CERTIFICATIONI hereby certify that above notice of meeting was posted outside the front door of City Hall by5:00 p.m. on the ___ day of __________, 2017.

____________________________________Tina Stewart, TRMC, City Secretary

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Agenda Item No:1.5

CITY COUNCIL Agenda Item ReportMeeting Date: April 21, 2020Submitted by: Tina StewartSubmitting Department: City Secretary Item Type: ProclamationAgenda Section:

Subject:Proclamation: Child Abuse Awareness Month (Council)

Suggested Action:

Attachments:Child Abuse Awareness Proclamation.doc

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MAYORAL PROCLAMATION

WHEREAS, child victims of abuse and neglect need and deserve support and assistance to help them cope with the tragedies in their young lives; and

WHEREAS, National Child Abuse Awareness Month in April offers us all the opportunity to promote and support programs that offer protection and safety for our community’s children; and

WHEREAS, Court Appointed Special Advocates of Denton County (CASA) has been providing important life-altering services to children in Denton County who have been removed from their homes due to abuse or neglect for 28 years; and

WHEREAS, more than 1,000 children from Denton County were in foster homes or residential treatment centers in 2019 due to abuse and/or neglect; 20 children from The Colony were served by CASA during 2019; and

WHEREAS, The Colony, Texas is a place where citizens truly care about each other and work as a community dedicated to protecting our youth and helping them thrive and survive the trauma they have experienced; and

WHEREAS, it takes commitment from all individuals and organizations in a community working together to surround these children with positive relationships and experiences, love, guidance, and protection,

NOW THEREFORE, in honor of all children in Denton County, I, JoeMcCourry, Mayor of the City of The Colony, Texas do hereby proclaim the month of April 2020 as “Child Abuse Awareness Month”, and commend the more than 200 community volunteers, 8 of whom are residents of The Colony, for their work in advocating for children during this difficult time in their lives.

Signed and sealed this 21st day of April, 2020.

Joe McCourry, Mayor

ATTEST:

______________________________ Tina Stewart, TRMC, City Secretary

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Agenda Item No:3.1

CITY COUNCIL Agenda Item ReportMeeting Date: April 21, 2020Submitted by: Mayra SullivanSubmitting Department: City Secretary Item Type: MiscellaneousAgenda Section:

Subject:Council to provide direction to staff regarding future agenda items. (Council)

Suggested Action:

Attachments:

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Agenda Item No:4.1

CITY COUNCIL Agenda Item ReportMeeting Date: April 21, 2020Submitted by: Mayra SullivanSubmitting Department: City Secretary Item Type: MinutesAgenda Section:

Subject:Consider approving City Council Regular Session meeting minutes for April 7, 2020. (Stewart)

Suggested Action:

Attachments:April 7, 2020 DRAFT Minutes.docx

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1 These items are strictly public service announcements. Expressions of thanks, congratulations or condolences; information regarding holiday schedules; honorary recognition of city officials, employees or other citizens; reminders about upcoming events sponsored by the City or other entity that are scheduled to be attended by a city official or city employee. No action will be taken and no direction will be given regarding these items.

MINUTES OF THE CITY COUNCIL REGULAR SESSION HELD ON

APRIL 7, 2020

The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 6:31 p.m. on the 7th day of April, 2020, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call:

Joe McCourry, MayorKirk Mikulec, CouncilmemberRichard Boyer, Deputy Mayor Pro TemBrian Wade, CouncilmemberDavid Terre, Mayor Pro TemPerry Schrag, CouncilmemberJoel Marks, Councilmember

PresentPresentPresentPresentPresentPresentPresent

And with 7 council members present a quorum was established and the following items were addressed:

1.0 ROUTINE ANNOUNCEMENTS, RECOGNITIONS and PROCLAMATIONS1.1 Call to Order

Mayor McCourry called the meeting to order at 6:31 p.m.

1.2 InvocationDeputy Mayor Pro Tem Richard Boyer delivered the invocation.

1.3 Pledge of Allegiance to the United States FlagThe Pledge of Allegiance to the United States Flag was recited.

1.4 Salute to the Texas FlagSalute to the Texas Flag was recited.

1.5 Items of Community InterestMayor expressed his appreciation in how the community has been regarding compliance with the orders and local disaster declarations issued by Governor Greg Abbott, Denton County Judge Andy Eads and the City Council. Mayor reminded the community that the stay-home orders are mandatory, and encouraged residents to continue to do their part to stay safe in order to keep everyone healthy.

Councilman Marks requested input from staff in regards to noticeable increase in wastewater flow through the city's treatment plant. City Manager, Troy Powell provided a brief update and encouraged residents to protect their pipes by only flushing items that belong in the wastewater system. Mr. Powell provided resourceinformation on what is safe and what is not safe, all available on the city's website.

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City Council – Regular Meeting Agenda

April 7, 2020Page| 2

Mayor Pro Tem Terre recognized Library Director, Megan Charters and staff for being proactive in their efforts to mobilize the public library and being more accessible to the community during these uncertain times.

2.0 CITIZEN INPUTArthel Martin, 4008 Steepleridge Drive, spoke concerning a response letter he received from Senator Jane Nelson regarding concerns at a local Sport Bar & Grill.

3.0 WORK SESSION

3.1 Discuss Public Information Requests Quarterly Report as presented for Council review.No discussion.

3.2 Council to provide direction to staff regarding future agenda items.None

4.0 CONSENT AGENDAMotion to approve all items from the Consent Agenda with the exception of Agenda Item No. 4.8- Marks; second by Mikulec, motion carried with all ayes.

4.1 Consider approving City Council Regular Session meeting minutes for March 3, 2020 and Special Session meeting minutes for March 23, 2020.

4.2 Consider approving a resolution authorizing the City Manager to reject all bids received for Master Lift Station No. 1 Flow Meter Construction Project and reallocate construction funds in the amount of $290,054 to address other needed City projects.

RESOLUTION NO. 2020-015

4.3 Consider approving a resolution authorizing the City Manager to execute funding for Engineering Services for Phase 2A - Dewatering to Phase 2B Permitting by approving Stewart Creek WWTP Expansion Phase 2A - Amendment No. 1 -Expansion 2B Permitting in the amount of $129,869.00.

RESOLUTION NO. 2020-016

4.4 Consider approving a resolution authorizing the City Manager to execute a purchase order to F&F Concrete in the amount of $266,014.00 with unit pricing reflected in bid 90-18-17 for the reconstruction of the Truitt/Treese alleyway.

RESOLUTION NO. 2020-017

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City Council – Regular Meeting Agenda

April 7, 2020Page| 3

4.5 Consider approving a resolution authorizing the City Manager to execute a Construction Services Contract in the amount of $1,533,288.83 with Reliable Paving, Inc. for the Eastvale Asphalt Street Reconstruction Project.

RESOLUTION NO. 2020-018

4.6 Consider an ordinance regarding a Site Plan application for a proposed substation referred to as the Brazos Electric Josey Substation on an approximately 5.59-acre tract of land located north and east of the northeast intersection of Plano Parkway and Windhaven Parkway, within the Planned Development 22 (PD-22) Zoning District.

ORDINANCE NO. 2020-2392

4.7 Consider approving and accepting the Police Department Annual Traffic Stop Report.

4.8 Consider approving an ordinance declaring a local state of disaster due to a public health emergency (COVID-19) making findings related thereto; providing a penalty of a fine not to exceed One Thousand Dollars ($1,000) or confinement in jail for a term that exceeds 180 days, in accordance with section 418.173 of the Texas Government Code. **Item pulled from the agenda and moved to the April 21, 2020 Agenda**

4.9 Consider approving an ordinance amending Chapter 7, Article II, of the Code of Ordinances, entitled "Emergency Management" by amending Section 7-37, entitled "Authority for enforcement; penalty" by providing for penalty and enforcement during declared disasters.

ORDINANCE NO. 2020-2393

5.0 REGULAR AGENDA ITEMS

6.0 EXECUTIVE SESSION

7.0 EXECUTIVE SESSION ACTION

ADJOURNMENTWith there being no further business to discuss the meeting was adjourned at 6:50 p.m.

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City Council – Regular Meeting Agenda

April 7, 2020Page| 4

APPROVED:

________________________________Joe McCourry, MayorCity of The Colony

ATTEST:

_______________________________Tina Stewart, TRMCCity Secretary

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Agenda Item No:4.2

CITY COUNCIL Agenda Item ReportMeeting Date: April 21, 2020Submitted by: Tina StewartSubmitting Department: City Secretary Item Type: ExpendituresAgenda Section:

Subject:Consider approving Council expenditures for the month of February and March 2020. (Council)

Suggested Action:

Attachments:Council February Expenditures.pdf

Council March Expenditures.pdf

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Agenda Item No:4.3

CITY COUNCIL Agenda Item ReportMeeting Date: April 21, 2020Submitted by: David CranfordSubmitting Department: Finance Item Type: ResolutionAgenda Section:

Subject:Consider approving a resolution authorizing the City Manager to deny Oncor Electric Delivery Company LLC'srequested rate change. (Cranford)

Suggested Action:The Steering Committee of Cities Served by Oncor has advised the City to deny Oncor's request for a $75.9million increase in revenues until the request can be fully examined.

Attachments:Res. 2020-xxx Oncor Electric Delivery Company LLC - Denial Request

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11669/52/8041053

RESOLUTION NO. 2020 - ______

A RESOLUTION OF THE CITY OF THE COLONY, TEXAS FINDING THAT ONCOR ELECTRIC DELIVERY COMPANY LLC’S APPLICATION FOR APPROVAL TO AMEND ITS DISTRIBUTION COST RECOVERY FACTOR TO INCREASE DISTRIBUTION RATES WITHIN THE CITY SHOULD BE DENIED; AUTHORIZING PARTICIPATION WITH ONCOR CITIES STEERINGCOMMITTEE; AUTHORIZING THE HIRING OF LEGAL COUNSEL AND CONSULTING SERVICES; FINDINGTHAT THE CITY’S REASONABLE RATE CASE EXPENSES SHALL BE REIMBURSED BY THE COMPANY; FINDING THAT THE MEETING AT WHICH THIS RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; REQUIRING NOTICE OF THIS RESOLUTION TO THE COMPANY AND LEGAL COUNSEL.

WHEREAS, the City of The Colony, Texas (“City”) is an electric utility customer of Oncor Electric Delivery Company LLC (“Oncor” or “Company”), and a regulatory authority with an interest in the rates and charges of Oncor; and

WHEREAS, the Oncor Cities Steering Committee (“OCSC”) is a coalition of similarly situated cities served by Oncor that have joined together to efficiently and cost effectively review and respond to electric issues affecting rates charged in Oncor’s service area in matters before the Public Utility Commission (“Commission”) and the courts; and

WHEREAS, on or about April 3, 2020, Oncor filed with the Commission an Application to Amend its Distribution Cost Recovery Factor (“DCRF”), Commission Docket No. 50734, seeking to increase distribution rates by $75.9 million annually (an approximately $0.88 increase to the average residential customer’s bill); and

WHEREAS, the City of The Colony will cooperate with OCSC in coordinating their review of Oncor’s DCRF filing with designated attorneys and consultants, prepare a common response, negotiate with the Company, and direct any necessary litigation, to resolve issues in the Company’s filing; and

WHEREAS, all electric utility customers residing in the City will be impacted by this ratemaking proceeding if it is granted; and

WHEREAS, working with the OCSC to review the rates charged by Oncor allowsmembers to accomplish more collectively than each city could do acting alone; and

WHEREAS, OCSC’s members and attorneys recommend that members deny Oncor’s DCRF.

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21669/52/8041053

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS:

SECTION 1. That the City is authorized to participate with OCSC in Commission Docket No. 50734.

SECTION 2. That, subject to the right to terminate employment at any time, the City of The Colony hereby authorizes the hiring of the law firm of Lloyd Gosselink Rochelle & Townsend, P.C. and consultants to negotiate with the Company, make recommendations to the City regarding reasonable rates, and to direct any necessary administrative proceedings or court litigation associated with an appeal Oncor’s DCRF application.

SECTION 3. That the rates proposed by Oncor to be recovered through its DCRF charged to customers located within the City limits, are hereby found to be unreasonable and shall be denied.

SECTION 4. That the Company shall continue to charge its existing rates to customers within the City.

SECTION 5. That the City’s reasonable rate case expenses shall be reimbursed in full by Oncor within 30 days of the adoption of this Resolution.

SECTION 6. That it is hereby officially found and determined that the meeting at which this Resolution is passed is open to the public as required by law and the public notice of the time, place, and purpose of said meeting was given as required.

SECTION 7. That a copy of this Resolution shall be sent to Tab Urbantke, Attorney for Oncor, at Hunton Andrews Kurth LLP, 1445 Ross Avenue, Suite 3700, Dallas, Texas 75202, and to Thomas Brocato, General Counsel to OCSC, at Lloyd Gosselink Rochelle & Townsend, P.C., P.O. Box 1725, Austin, TX 78767-1725, or tbrocato@lglawfirm.com.

PASSED AND APPROVED by the City Council of the City of The Colony, Texas this 21st

day of April, 2020.

_________________________________Joe McCourry, MayorCity of The Colony, Texas

ATTEST:

___________________________________Tina Stewart, TRMC, City Secretary

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31669/52/8041053

APPROVED AS TO FORM:

___________________________________Jeff Moore, City Attorney

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Agenda Item No:4.4

CITY COUNCIL Agenda Item ReportMeeting Date: April 21, 2020Submitted by: Tina StewartSubmitting Department: City Secretary Item Type: OrdinanceAgenda Section:

Subject:Discussion and approve actions to include adjustments on extension of disaster declaration due to theCoronavirus (COVID-19) as authorized by Section 418.108 of the Texas Government Code. (Council)

Suggested Action:

Attachments:

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Agenda Item No:5.1

CITY COUNCIL Agenda Item ReportMeeting Date: April 21, 2020Submitted by: Tina StewartSubmitting Department: City Secretary Item Type: ResolutionAgenda Section:

Subject:Discuss and consider making a nomination by resolution for a candidate to serve on the Denco Area 9-1-1District Board of Managers for a two year term beginning October 1, 2020. (Council)

Suggested Action:

Attachments:Denco Area 9-1-1 District Board of Managers Nomination Docs.pdf

Res. 2019-xxx Denco 911 Board Nomination of 2020 Candidate.doc

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CITY OF THE COLONY, TEXASRESOLUTION NO. 2019 - _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, NOMINATING ONE MEMBER TO THE BOARD OF MANAGERS OF THE DENCO AREA 9-1-1 EMERGENCY COMMUNICATION DISTRICT AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.

WHEREAS, Section 772, Health and Safety Code, provides that two voting members of the Board of Managers of an Emergency Communications District shall be appointed jointly by all cities and towns lying wholly or partly within the District.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF THE COLONY, TEXAS:

SECTION 1. That the City of The Colony hereby nominates David Terre as a member of the Board of Managers for the Denco Area 9-1-1 Emergency Communication District.

SECTION 2. That this Resolution shall become effective immediately upon its passage and approval.

PASSED AND APPROVED by the City Council of the City of The Colony, Texas, this 21st day of April, 2020.

Joe McCourry, Mayor

ATTEST:

Tina Stewart, TRMC, City Secretary

APPROVED AS TO FORM:

Jeff Moore, City Attorney

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Agenda Item No:6.1

CITY COUNCIL Agenda Item ReportMeeting Date: April 21, 2020Submitted by: Mayra SullivanSubmitting Department: City Secretary Item Type: MiscellaneousAgenda Section:

Subject:Council shall convene into a closed executive session pursuant to Section 551.072 of the Texas GovernmentCode to deliberate the purchase, exchange, lease, or value of real property.

Suggested Action:

Attachments:

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Agenda Item No:7.1

CITY COUNCIL Agenda Item ReportMeeting Date: April 21, 2020Submitted by: Mayra SullivanSubmitting Department: City Secretary Item Type: DiscussionAgenda Section:

Subject:Any action as a result of executive session regarding the purchase, exchange, lease, or value of real property.

Suggested Action:

Attachments:

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