city of the colony city council agenda tuesday, … · 2019-12-12 · city of the colony city...

CITY OF THE COLONYCITY COUNCIL AGENDA

TUESDAY, DECEMBER 17, 20196:30 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, DECEMBER 17, 2019 at CITY HALL, 6800 MAIN ST.,THE COLONY, TX, at which time the following items will be addressed:

1 ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS

1.1 Call to Order

1.2 Invocation

1.3 Pledge of Allegiance to the United States Flag

1.4 Salute to the Texas Flag

1.5 Items of Community Interest

1.6 Receive presentation from Parks and Recreation regarding upcoming events and activities. (Stansell)

2 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.

2.1 Discuss and provide direction to staff regarding dates to hold the Animal Shelter Office expansionground breaking. (Perez)

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

3 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.

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 December 3, 2019. (Stewart)

4.2 Consider approving Council expenditures for the month of October 2019. (Council)1

REGULAR SESSION of the CITY COUNCIL AgendaMeeting Date: 12/17/2019

Page - 2

4.3 Consider accepting Allen Harris's resignation from the Denton County Transportation Authority Boardof Directors. (Council)

4.4 Consider approving a resolution authorizing the President of The Colony Economic DevelopmentCorporation to execute a Contract of Sale and any and all documents necessary to convey anapproximately 3.846 acres of land within the City of The Colony, Denton County, Texas. (Samford)

4.5 Consider approving a budget amendment ordinance for the Fiscal Year 2019-2020 Storm Water Utilitybudget to transfer $145,000.00 from the Office Creek Stream Bank Protection at Bristol OaksApartments project to the Eastvale Storm Drain Improvements project. (Hartline)

4.6 Consider approving a resolution authorizing the City Manager accept the list of pre-qualified professionalengineering and consulting service providers for sixteen (16) service categories. (Hartline)

5 REGULAR AGENDA ITEMS

5.1 Discuss and consider approving a resolution authorizing the City Manager to execute an agreement withInsituform Technologies, LLC for the rehabilitation of Curry Drive and Carr Street sewer lines in theamount of $381,034.50 utilizing the Local Purchasing Cooperative Contract. (Groeschel)

5.2 Discuss and consider approving a resolution authorizing the City Manager to execute a contract withHomeland Building Concepts and issue a Purchase Order in the amount of $254,000.00 for the PoliceStation Generator Replacement, Electrical Panel Upgrade and Dispatch Remodel. (Gilman)

5.3 Discuss and consider approving a resolution authorizing the City Manager to execute a ConstructionServices Contract in the amount of $144,811.00 with Iron T Construction, Inc. for the Eastvale StormDrain Improvements Project. (Hartline)

5.4 Discuss and consider approving a resolution amending Resolution No. 2014-094 to update meetingprocedures recently approved on House Bill 2540(2019) by the Texas Legislature. (Council)

5.5 Discuss and consider making appointments to Council committees and appoint liaisons to the variousCouncil appointed boards. (Council)

6 EXECUTIVE SESSION

6.1 Council shall convene into a closed executive session pursuant to Section 551.071 of the TexasGovernment Code to seek legal advice from the city attorney regarding pending or contemplatedlitigation - Appeal of Brazos Electric Power Cooperative, Inc., PUC Docket No. 45175 and City ofThe Colony, Texas v. Brazos Electric Power Cooperative, Inc. matter, Cause No. 16-06424-16.

7 EXECUTIVE SESSION ACTION

7.1 Any action as a result of executive session regarding pending or contemplated litigation - Appeal ofBrazos 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.

EXECUTIVE SESSION NOTICE

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REGULAR SESSION of the CITY COUNCIL AgendaMeeting Date: 12/17/2019

Page - 3

Pursuant 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:1.6

CITY COUNCIL Agenda Item ReportMeeting Date: December 17, 2019Submitted by: Mayra SullivanSubmitting Department: City Secretary Item Type: MiscellaneousAgenda Section:

Subject:Receive presentation from Parks and Recreation regarding upcoming events and activities. (Stansell)

Suggested Action:

Attachments:

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Agenda Item No:2.1

CITY COUNCIL Agenda Item ReportMeeting Date: December 17, 2019Submitted by: Tina StewartSubmitting Department: City Secretary Item Type: DiscussionAgenda Section:

Subject:Discuss and provide direction to staff regarding dates to hold the Animal Shelter Office expansion groundbreaking. (Perez)

Suggested Action:

Attachments:

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Agenda Item No:2.2

CITY COUNCIL Agenda Item ReportMeeting Date: December 17, 2019Submitted by: Mayra SullivanSubmitting Department: City Secretary Item Type: DiscussionAgenda 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: December 17, 2019Submitted by: Mayra SullivanSubmitting Department: City Secretary Item Type: MinutesAgenda Section:

Subject:Consider approving City Council Regular Session meeting minutes for December 3, 2019. (Stewart)

Suggested Action:

Attachments:December 3, 2019 DRAFT Minutes.docx

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https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/492813/December_3__2019_DRAFT_Minutes.pdf

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

DECEMBER 3, 2019

The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 6:32 p.m. on the 3rd day of December, 2019, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call:

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

PresentPresentPresentPresent (arrived at 6:39 p.m.)

PresentPresentPresent (arrived at 6:49 p.m.)

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 OrderMayor McCourry called the meeting to order at 6:32 p.m.

1.2 InvocationPastor Jess Allen of Horizon Church 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 Interest

1.6 Receive a presentation from The Colony Roadrunners Club about the results of the 2019 The Colony Half event.Recreation Manager, David Swain, introduced members of The Colony Roadrunners Club. Stephen Hidalgo, provided a recap regarding The Colony Half Marathon held on October 26, 2019. Greg Tonian, President of The Colony’s Roadrunners Club, recognized the individual partnerships for the event, and thanked the community and city leadership for their continued support.

Councilmember Wade arrived at 6:39 p.m.

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City Council – Regular Meeting Agenda

December 3, 2019Page| 2

Recreation Manager, David Swain, announced that the Annual Holiday Christmas Parade and Holiday in the Park will be this Saturday, December 7, 2019. Mr. Swain expressed Holiday in the Park will be held at Perryman Park from 5:00 p.m. to 8:00 p.m. and the Christmas Parade will officially begin at 5:45 p.m.

1.7 Receive a presentation from the Library regarding current and upcoming programs, events, and service improvements.Assistant Library Director, Kate Margolis, presented the current and upcoming programs, events and service improvements to Council.

2.0 WORK SESSION

2.1 Receive a presentation from Jeff Lind regarding updates in the Grandscape District.Jeff Lind, President of Grandscape, provided a presentation on current and future development in the Grandscape District.

Councilmember Marks arrived at 6:49 p.m.

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

3.0 CITIZEN INPUTDell Holmes, 5118 Worley Drive, President of the Friends of The Colony Public Library, provided a final report on the Books and Brews Fundraiser event held on September 23, 2019. Mr. Holmes stated the net proceeds from the event were a total of $13,428.88. He also thanked Lava Cantina, city leadership and the City Council for their continued support.

4.0 CONSENT AGENDAMotion to approve all items from the Consent Agenda with the exception of Agenda Item No. 4.3 for separate consideration- Mikulec; second by Marks, motion carried with all ayes.

4.1 Consider approving City Council Regular Session meeting minutes for November 19, 2019.

4.2 Consider approving Council expenditures for the month of September 2019.

****This item was pulled from the Consent Agenda for separate consideration****4.3 Consider approving an exception to the Code of Ordinances Section, 6-192, (a) &

(b), to allow fireworks at 12:01 am on January 1, 2020 at Top Golf, 3760 Blair Oaks Drive.

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Mayor asked if notices were sent out to surrounding patrons prior to the event. Director of Government Relations, Brant Shallenburger, confirmed that phone calls and emails were sent out to neighboring hotels.

Motion to approve- Schrag; second by Mikulec, motion carried with all ayes.

4.4 Consider approving a budget amendment ordinance reallocating 2019/2020 General Fund funding from Metro Relief to Next Steps for crisis intervention services within The Colony.

Ordinance No. 2019-2382

5.0 REGULAR AGENDA ITEMS

5.1 Discuss and consider approving an ordinance for a Site Plan application for a proposed restaurant with a 2,200 square-foot building area named "Shipley's Do-Nuts" on a 15,300 square-foot tract of land located at 4911 Main Street, within the Shopping Center (SC) Zoning District and the Gateway Overlay District.Senior Planner, Isaac Williams, presented the proposed ordinance to Council. Mr. Williams stated the applicant request the approval of the proposed restaurant use within an existing strip center. The proposed use will be a donut shop with indoor dining and drive-thru service. Mr. Williams reviewed the zoning changes, gateway overlay, elevations and exterior materials, landscaping and irrigation, the circulation and parking outlining the current lot sizes and the proposed changes. The Development Review Committee finds the proposed site plan meets the requirements and recommends approval. On November 12, 2019, the Planning and Zoning Commission voted 7-0 to recommend approval.

Council provided discussion on this item with a request for staff to modify the site data summary chart to reflect the correct number of proposed parking spaces.

Motion to approve- Schrag; second by Marks, motion carried with all ayes with the exception of Councilman Boyer voting no.

Ordinance No. 2019-2383

5.2 Discuss and consider approving a resolution authorizing proposed changes to Stewart Creek Park fee schedule and operations.Community Services Director, Pam Nelson, provided an overview on this item. Ms. Nelson discussed proposed changes to the Stewart Creek Park fee schedule and operations to Council. She proposes a change to the entry and fee collection system for the park and modification seasonal hours of operation. Parks Manager, Jackie Kopsa, presented additional modifications at Stewart Creek Park to add entry kiosk installation and an entry lane for the kiosk.

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Council provided discussion on this item and directed staff to move forward on the four proposed changes presented.

Motion to approve- Terre; second by Wade, motion carried with all ayes.

RESOLUTION NO. 2019-101

5.3 Discuss and consider approving the City Council meeting schedule for 2020.Council provided discussion on this item and made changes to reflect cancelling the March 17th meeting, move the Tuesday, October 6th meeting to Wednesday, October 7th due to National Night Out, and move the Tuesday, November 3rd meeting to November 4th, due to Election Day.

Motion to approve- Schrag; second by Marks, motion carried with all ayes.

5.4 Discuss and elect Mayor Pro Tem and Deputy Mayor Pro Tem according to the Code of Ordinances, Chapter 2, Section 2-4 (b).Councilmember Schrag nominated David Terre for Mayor Pro Tem and Richard Boyer for Deputy Mayor Pro Tem; there were no other nominations.

Motion to approve- Schrag, second by Mikulec, motion carried with all ayes.

5.5 Discuss and consider making appointments to Council committees and appoint liaisons to the various Council appointed boards.Mayor delayed this item to the next meeting set for December 17, 2019.

5.6 Discuss and consider making appointments to the Tax Increment Reinvestment Zone Number One Board of Directors for terms expiring December 2019.

Motion to approve- Mikulec; second by Boyer, motion carried with all ayes.

5.7 Discuss and consider appointing a member of the Tax Increment Reinvestment Zone Number One Board of Directors to serve as Chairman for a one year term.

Motion to approve- Marks; second by Wade, motion carried with all ayes.

5.8 Discuss and consider making appointments to the Tax Increment Reinvestment Zone Number Two Board of Directors for terms expiring December 2019.

Motion to approve- Marks; second by Wade, motion carried with all ayes.

5.9 Discuss and consider appointing a member of the Tax Increment Reinvestment Zone Number Two Board of Directors as Chairman for a one year term.

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Motion to approve- Wade; second by Marks, motion carried with all ayes.

5.10 Discuss and consider making appointments to the Local Development Corporation Board of Directors for terms expiring December 2019.

Motion to approve- Wade; second by Boyer, motion carried with all ayes.

5.11 Discuss and consider appointing a member of the Local Development Corporation Board of Directors to serve as Chairman for a one year term.

Motion to approve- Schrag; second by Wade, motion carried with all ayes.

Executive Session was convened at 7:54 p.m.6.0 EXECUTIVE SESSION6.1 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.****Item was removed from the agenda with no discussion****

B. Council shall convene into a closed executive session pursuant to Section 551.074 of the Texas Government Code to deliberate the evaluation, reassignment, duties, discipline, or dismissal of the City Secretary.

Regular Session was reconvened at 10:50 p.m.7.0 EXECUTIVE SESSION ACTION7.1 A. Any action as a result of executive session regarding pending or contemplated

litigation - Appeal of Brazos Electric Power Cooperative, Inc., PUC Docket No. 45175 and City of The Colony, Texas v. Brazos Electric Power Cooperative, Inc. matter, Cause No. 16-06424-16.

B. Any action as a result of executive session regarding the evaluation, reassignment, duties, discipline, or dismissal of the City Secretary.

Motion to direct Mayor to work with the City Manager’s office to implement the plan discussed in Executive Session- Schrag; second by Mikulec, motion carried with all ayes.

ADJOURNMENTWith there being no further business to discuss the meeting was adjourned at 10:52 p.m.

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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: December 17, 2019Submitted by: Tina StewartSubmitting Department: City Secretary Item Type: ExpendituresAgenda Section:

Subject:Consider approving Council expenditures for the month of October 2019. (Council)

Suggested Action:

Attachments:City Council October Expenditures.pdf

14

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/attachment/493293/City_Council_October_Expenditures.pdf

Agenda Item No:4.3


Subject:Consider accepting Allen Harris's resignation from the Denton County Transportation Authority Board ofDirectors. (Council)

Suggested Action:

Attachments:

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Agenda Item No:4.4

CITY COUNCIL Agenda Item ReportMeeting Date: December 17, 2019Submitted by: Tina StewartSubmitting Department: City Secretary Item Type: ResolutionAgenda Section:

Subject:Consider approving a resolution authorizing the President of The Colony Economic Development Corporation toexecute a Contract of Sale and any and all documents necessary to convey an approximately 3.846 acres ofland within the City of The Colony, Denton County, Texas. (Samford)

Suggested Action:

Attachments:Res 2019-xxx Real Estate Sales Contract - Type A to Sell Real Property.doc

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https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/489319/Res_2019-xxx_Real_Estate_Sales_Contract_-_Type_A_to_Sell_Real_Property.doc.pdf

CITY OF THE COLONY, TEXAS

RESOLUTION NO. 2019 - ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE PRESIDENT OF THE COLONY ECONOMIC DEVELOPMENT CORPORATION, A TYPE AECONOMIC DEVELOPMENT CORPORATION AND A TEXAS NON-PROFIT CORPORATION, TO EXECUTE THE CONTRACT OF SALE, ATTACHED HERETO AS EXHIBIT “A” ANY AND ALL DOCUMENTS NECESSARY TO CONVEY THE APPROXIMATELY 3.846 ACRES OF LAND WITHIN THE CITY OF THE COLONY, DENTON COUNTY, TEXAS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.

WHEREAS, the City Council of the City of The Colony, Texas, desires to authorize the President of The Colony Economic Development Corporation, a Type A economic development corporation, to execute the Contract of Sale and execution of any and all closing documents necessary to sell and convey the approximately 3.846 acres of land on the terms as described in said Contract of Sale, a copy of which is attached hereto as Exhibit A of this Resolution.

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

Section 1. FINDINGS INCORPORATED

That the foregoing recitals are hereby found to be true and correct findings of the City of The Colony, Texas, and are fully incorporated into the body of this Resolution.

Section 2. AUTHORIZING THE SALE OF REAL PROPERTY

That the City Council of the City of The Colony, Texas, does hereby authorize the President of The Colony Economic Development Corporation, a Type A economic development corporation to execute the Contract of Sale and execution of any and all closing documents necessary to sell and convey the approximately 3.846 acres of land on the terms as described in said Contract of Sale, a copy of which is attached hereto as Exhibit A of this Resolution.

Section 3. SEVERABILITY CLAUSE

It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this Resolution are severable, and if any phrase, clause, sentence, paragraph or section of this Resolution shall 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 and sections of this Resolution, since the same would have been enacted by the City Council without the incorporation of this Resolution of any such unconstitutional phrase, clause, sentence, paragraph

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or section.

Section 4. EFFECTIVE DATE

That this Resolution shall become effective immediately upon its passage.

PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THIS THE 17th day of DECEMBER, 2019.

Joe McCourry, Mayor

ATTEST:

Tina Stewart, City Secretary

APPROVED AS TO FORM:

Jeff Moore, City Attorney

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Exhibit A

Contract of SaleFor

Approximately 3.846 Acres of Land

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Agenda Item No:4.5

CITY COUNCIL Agenda Item ReportMeeting Date: December 17, 2019Submitted by: Robert KotasekSubmitting Department: Engineering Item Type: ResolutionAgenda Section:

Subject:Consider approving a budget amendment ordinance for the Fiscal Year 2019-2020 Storm Water Utility budgetto transfer $145,000.00 from the Office Creek Stream Bank Protection at Bristol Oaks Apartments project to theEastvale Storm Drain Improvements project. (Hartline)

Suggested Action:Summary of Request:Consider approval of a budget amendment resolution for the Fiscal Year 2019-2020 Storm Water Utility budgetto transfer $145,000.00 from the Office Creek Stream Bank Protection at Bristol Oaks Apartments project to theEastvale Storm Drain Improvements project.

Background:During an inspection of Office Creek performed by city staff in 2018, erosion issues were identified on thechannel bank of Office Creek near the Bristol Oaks Apartments. A budget of $230,000.00 was approved in thisyear’s fiscal budget for design and construction services to help improve the erosion issues at this location. During a subsequent site visit in 2019, staff has determined that these erosion issues are stable enough todelay repairs in this area so that another project can be completed using this funding.

Staff is requesting that $145,000.00 be transferred from this project and be reallocated to the Eastvale StormDrain Improvements Project. Public storm water drainage from the Eastvale subdivision currently collects at thesoutheast corner of Lakecrest Drive and West Shore Drive and backs up onto the residential property at thislocation. It has been determined that a closed conduit storm drain system is necessary in order to improve theoverall subdivision drainage in this area and will also prevent public drainage from collecting on the residentialproperty. Transferring these funds to this project will also allow staff to complete this drainage work prior torepaving the asphalt roads in the Eastvale Subdivision that will begin in 2020. This drainage project was recentlyadvertised for bid and the low bidder was Iron T Construction, Inc. at a cost of $144,811.00. To fund theconstruction for this project, a transfer of Storm Water Utility funding from the Office Creek Stream BankProtection at Bristol Oaks Apartments project to the Eastvale Strom Drain Improvements project is necessary.

The Office Creek Stream Bank Protection at Bristol Oaks Apartments project will be designed and constructedin the future when an additional Storm Water Utility funding becomes available.

Recommendations: Staff recommends approval of a budget amendment resolution for the Fiscal Year 2019-2020 Storm WaterUtility budget to transfer $145,000.00 from the Office Creek Stream Bank Protection at Bristol Oaks Apartmentsproject to the Eastvale Storm Drain Improvements project.

Suggested motion: 23

I move to recommend approval of a budget amendment resolution for the Fiscal Year 2019-2020 Storm WaterUtility budget to transfer $145,000.00 from the Office Creek Stream Bank Protection at Bristol Oaks Apartmentsproject to the Eastvale Storm Drain Improvements project.

Attachments:Financial Summary for Budget Amendment to Storm Water Utility Fund.pdf

Ord 2019-xxxx 2019-20 BUDGET AMENDMENT - EASTVALE STORM DRAIN IMPROVEMENTI.doc

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https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/492144/Financial_Summary_for_Budget_Amendment_to_Storm_Water_Utility_Fund.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/492642/Ord_2019-xxxx_2019-20_BUDGET_AMENDMENT_-_EASTVALE_STORM_DRAIN_IMPROVEMENTI.pdf

FINANCIAL SUMMARY:

Are budgeted funds available: Yes No Budget Amendment Transfer Requested: $145,000.00

Fund(s) number and Account #: 710-669-6667

Source of Funds: 2019-2020 Storm Water Utility

Cost of recommended budget transfer: $145,000.00

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CITY OF THE COLONY, TEXASORDINANCE NO. 2019 - _______

AMENDING THE FISCAL YEAR 2019-2020 BUDGET

AN ORDINANCE AMENDING ORDINANCE 2019-2373, ADOPTING THE FISCAL YEAR 2019-2020 BUDGET FOR THE STORM WATER UTILITYFUND 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 STORM WATER 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 17thday 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 amend the 2019-20Stormwater Utility budget by transferring $145,000 from the Office Creek Stream Bank Protection at Bristol Oaks Apartments project to Eastvale Storm Drain Improvements project.

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 Storm Water Utility 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

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2

amendment 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 2018-19 Storm Water Utility budget is to be amended by transferring $145,000 from Office Creek Stream Bank Protection project to the Eastvale Storm Drain Improvements project.

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.

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3

PASSED AND APPROVED by the City Council of the City of The Colony, Texas, this 17th

day of December, 2019.

__________________________________ Joe McCourry, Mayor

City of The Colony, Texas

ATTEST:

__________________________________Tina Stewart, City Secretary


Jeff Moore, City AttorneyCity of The Colony, Texas

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Agenda Item No:4.6


Subject:Consider approving a resolution authorizing the City Manager accept the list of pre-qualified professionalengineering and consulting service providers for sixteen (16) service categories. (Hartline)

Suggested Action:Summary of Request: Consider approval of a resolution approving a list of pre-qualified professionalengineering and consulting service providers for sixteen (16) service categories.

Background:On September 25, 2019, fifty four (54) professional engineering and consulting service providers submittedStatements of Qualifications (SOQs) for selection of engineering and professional consulting services inaccordance with the terms, conditions, and requirements set forth in the Request for Qualifications (RFQ)released by the City. The RFQ provided interested professional engineering and consulting service providerswith the information necessary to prepare and submit their qualifications for consideration. Categories ofservices included master plans, roadway, water, wastewater, stormwater/environmental/erosion controlstructures, site development services, surveying, easement and land acquisition, geotechnical, landscape &irrigation, traffic engineering services, HVAC engineering/design, electrical engineering/design, structural, parksdesign services and SCADA design services and programming.

The SOQs were reviewed and the professional engineering and consulting service list was prepared by a staffcommittee composed of five members. The committee members were from the Public Works Department (1),Engineering Department (3) and Parks Department (1).

The selected professional engineering and consulting service providers are to be retained for a period of threeyears and may be extended annually at the City’s discretion. Projects during the three-year period will beassigned on a task order basis. After selection for a specific project, the selected professional engineering andconsulting service provider will be requested to provide a proposal for each task for approval by the City. Suchproposals will include a detailed scope of services, hourly fee breakdown, overall project schedule, and anOpinion of Probable Cost for construction and other activities related to the construction of the project, ifapplicable.

Firms were selected based on the following criteria.

• Firm’s experience and background,• Prior Work Performed for The Colony,• Professional Background of Key Personnel,• Project Management Approach,• Client Service Approach,• References, and• Proximity of design office under which the work will be directed and managed.

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The list of professional engineering and consulting service providers selected by service category is attached.This list was approved unanimously by the committee.

Recommendation: Staff recommends approval of a list of pre-qualified professional engineering and consulting service providersfor sixteen (16) service categories that was developed by the committee.

Suggested motion:I move to recommend approval of a resolution approving a list of pre-qualified professional engineering andconsulting service providers for sixteen (16) service categories.

Attachments:SOQ ranking list 2019 2.doc

Res 2019-xxx Engineering and Consulting Service Provider List.doc

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https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/492440/SOQ_ranking_list_2019_2.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/492877/Res_2019-xxx_Engineering_and_Consulting_Service_Provider_List.pdf

Professional Consultants

Master PlansCarollo Freese & NicholsHalff AssociatesKimley-Horn & AssociatesMesa Design Group Olsson Associates

SRA Parkhill Smith & Cooper

Roadway Design Birkhoff, Hendricks & Carter

Cobb Finley Consor Engineers

Criado & AssociatesHalff AssociatesHuitt-ZollarsKimley-Horn & AssociatesNathan D. Maier

Olsson AssociatesPacheco Koch

SRA Parkhill Smith & Cooper Teague Nall & Perkins

Walter P Moore Wier & Assoc.

Water Birkhoff, Hendricks & CarterCarollo EngineersFreese & NicholsHalff AssociatesHDRKimley-Horn & Associates

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Wastewater Birkhoff, Hendricks & Carter

Carollo EngineersFreese & Nichols

Halff AssociatesHDR

Kimley-Horn & Associates

Stormwater/Environmental/Erosion Control StructuresBirkhoff, Hendricks & Carter

Cobb FinleyFreese & NicholsHalff AssociatesHuitt-ZollarsKimley-Horn & Associates Nathan D. Maier Olsson AssociatesPacheco Koch Teague Nall & PerkinsWalter P MooreWier & Assoc.

Site Development ServicesHalff AssociatesOlsson AssociatesSRA Parkhill Smith & CooperTeague Nall & PerkinsStantec Consulting ServicesWalter P MooreWier & Assoc.

Easement & Land AcquisitionCobb FinleyHalff Associates

Geotechnical GilesLandtecRaba Kistner

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SurveyingCriado & AssociatesHalff Associates Nathan D. Maier Sam Surveying & Mapping SRA Parkhill Smith & CooperWier & Assoc.

Landscape/Irrigation ServicesHalff Associates Huitt-Zollars Kimley-Horn & Associates

Mesa Design GroupNathan D. Maier

Olsson AssociatesSRA Parkhill Smith & CooperTBG Partners

Teague Nall & Perkins

HVAC Engineering Services Campos Gupta & Associates

Halff Associates Huitt-Zollars

Electrical Engineering Services Campos Gupta & Associates

Halff Associates Huitt-Zollars MBROH Signature Automation Team One Integration

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Structural Engineering ServicesKimley-Horn & Associates Halff Associates Huitt-Zollars

Walter P Moore

Parks Design ServicesFreese & NicholsHalff Associates Huitt-Zollars JBI Partners

Kimley-Horn & Associates Mesa Design GroupOlsson AssociatesPacheco Koch SRA Parkhill Smith & CooperStantec Consulting ServicesTBG PartnersTeague Nall & Perkins

Traffic Engineering ServicesCobb FendleyConsor EngineersHalff Associates Kimley-Horn & Associates Olsson AssociatesPacheco Koch

SCADA Design Services and ProgrammingGupta & Associates

Halff AssociatesMBROH

Signature Automation Team One Integration

34

CITY OF THE COLONY, TEXASRESOLUTION NO. 2019 - ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, APPROVING A LIST OF PRE-QUALIFIED PROFESSIONAL ENGINEERING AND CONSULTING SERVICE PROVIDERS FOR SIXTEEN (16) SERVICE CATEGORIES; AND PROVIDING AN EFFECTIVE DATE

WHEREAS, the City approves a list of pre-qualified professional engineering and consulting service providers for sixteen (16) service categories to include master plans, roadway, water, wastewater, stormwater/environmental/erosion control structures, site development services, surveying, easement and land acquisition, geotechnical, landscape & irrigation, traffic engineering services, HVAC engineering/design, electrical engineering/design, structural, parks design services and SCADA design services and programming.; and

WHEREAS, the City has determined the selected professional engineering and consulting service providers are to be retained for a period of three years and may be extended annually at the City’s discretion.; and

WHEREAS, with after selection for a specific project, the selected professional engineering and consulting service provider will be requested to provide a proposal for each task for approval by the City. Such proposals will include a detailed scope of services, hourly fee breakdown, overall project schedule, and an Opinion of Probable Cost for construction and other activities related to the construction of the project, if applicable.

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

Section 1. The list is found to be acceptable and in the best interest of the City and its citizens, be, and the same is hereby, in all things approved.

Section 2. The City Manager is hereby authorized to approve the list 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 17th day of December, 2019.

ATTEST: _____________________________Joe McCourry, Mayor City of The Colony, Texas

Tina Stewart, TRMC, City Secretary

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36

Agenda Item No:5.1

CITY COUNCIL Agenda Item ReportMeeting Date: December 17, 2019Submitted by: Evan GroeschelSubmitting Department: Public Works/Water Distribution Item Type: PresentationAgenda Section:

Subject:Discuss and consider approving a resolution authorizing the City Manager to execute an agreement withInsituform Technologies, LLC for the rehabilitation of Curry Drive and Carr Street sewer lines in the amount of$381,034.50 utilizing the Local Purchasing Cooperative Contract. (Groeschel)

Suggested Action:This project is to replace the sewer main under Curry Drive and Carr Street. We recently had an issue where aportion of the main collapsed due to deterioration of the pipe. While making the repair to the main it wasobserved that the wall thickness of the pipe was non uniform and lacked the structural integrity required to beconsidered reliable. While the repair was successful, this line has been keenly observed until the project ofreplacing it could be put in motion. While discussing the different methods and options for replacing the linesuch as traditional open trench methods or CIPP (Cured-in-Place Piping) it was agreed that CIPP would be themost economical, expeditious and least impactful option opposed to traditional open trench which would takelonger to complete, could be more costly and cause unnecessary disruption to our citizens. CIPP is atrenchless technology where a liner is place inside an existing pipe and is then cured allowing for the existingpipe being replaced to no longer be needed for service. This allows for a quick turn-around for reinstatingservice to the public while minimizing the negative impacts commonly experienced from construction oftraditional methods. The five step CIPP process:Step 1: The composite materials are saturated with a thermosetting epoxy resin system either on the jobsite orin an authorized Insituform wetout facility.Step 2: Using water or air pressure, the tube is then inserted into the host pipe by either a pull-in or inversionmethod.Step 3: Following installation, hot water or steam is circulated throughout the tube to cure the thermosettingresin.Step 4: The pipe is cooled, the ends are cut off and the pipe is returned to service. Lined sections arereestablished to the existing system using standard pipe fittings.Step 5: Service connections on the existing host pipe are robotically restored from inside the lined main. Usinginnovative technology to locate the connections from inside a lined main, a remote operator robotically cutsthrough the liner at each service opening.

Attachments:December 17 - Curry Drive-Carr Street Sewer Rehabilitation Council Summary.docx

Res 2019-xxx TCPN Contract - Insituform Technologies LLC.doc

37

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/480547/December_17_-_Curry_Drive-Carr_Street_Sewer_Rehabilitation_Council_Summary.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/489653/Res_2019-xxx_TCPN_Contract_-_Insituform_Technologies_LLC.pdf

1

Item Title:

Curry/Carr CIPP (Cured-in-Place Piping) sewer rehabilitation.

Background:

This project is to replace the sewer main under Curry Drive and Carr Street. We recently had an issue where a portion of the main collapsed due to deterioration of the pipe. While making the repair to the main it was observed that the wall thickness of the pipe was non uniform and lacked the structural integrity required to be considered reliable. While the repair was successful, this line has been keenly observed until the project of replacing it could be put in motion. While discussing the different methods and options for replacing the line such as traditional open trench methods or CIPP (Cured-in-Place Piping) it was agreed that CIPP would be the most economical, expeditious and least impactful option opposed to traditional open trench which would take longer to complete, could be more costly and cause unnecessary disruption to our citizens. CIPP is a trenchless technology where a liner is place inside an existing pipe and is then cured allowing for the existing pipe being replaced to no longer be needed for service. This allows for a quick turn-around for reinstating service to the public while minimizing the negative impacts commonly experienced from construction of traditional methods.

Cured-in Place Piping (CIPP) Open Trench Method

The five step CIPP process:

Step 1: The composite materials are saturated with a thermosetting epoxy resin system either on the jobsite or in an authorized Insituform wetout facility.

Step 2: Using water or air pressure, the tube is then inserted into the host pipe by either a pull-in or inversion method.

Step 3: Following installation, hot water or steam is circulated throughout the tube to cure the thermosetting resin.

Step 4: The pipe is cooled, the ends are cut off and the pipe is returned to service. Lined sections are reestablished to the existing system using standard pipe fittings.

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Step 5: Service connections on the existing host pipe are robotically restored from inside the lined main. Using innovative technology to locate the connections from inside a lined main, a remote operator robotically cuts through the liner at each service opening.

Information:

Funding for the project cost is approved.

Suggested Action:

Staff recommends City Council authorize the City Manager to enter into an agreement with Insituform Technologies, LLC for rehabilitation of Curry Drive and Carr Street sewer line in the amount of $381,034.50 utilizing the Local Purchasing Cooperative Contract #555-18 through BuyBoard.

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CITY OF THE COLONY, TEXASRESOLUTION NO. 2019 - _____

A RESOLUTION OF THE CITY OF THE COLONY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF A THE COOPERATIVE PURCHASING NETWORK (TCPN) CONTRACT PROPOSAL BY AND BETWEEN THE CITY OF THE COLONY AND INSITUFORM TECHNOLOGIES, LLC, FOR THE REHABILITATION OF CURRY DRIVE AND CARR STREET SEWER LINES, WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT “A”; AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT; PROVIDING AN EFFECTIVE DATE

WHEREAS, the City Council has determined that it is in the best interest of the citizens to approve a The Cooperative Purchasing Network (TCPN) contract proposal with Insituform Technologies, LLC, for the rehabilitation of Curry Drive and Carr Street Sewer Lines, which is attached hereto and incorporated herein as Exhibit “A”; and

WHEREAS, with said construction the City of The Colony agrees to pay a total of $381,034.50 for such work.


Section 1. The City Council of the City of The Colony, Texas hereby authorizes execution of a The Cooperative Purchasing Network (TCPN) contract proposal with Insituform Technologies, LLC, for the rehabilitation of Curry Drive and Carr Street Sewer Lines for the amount of $381,034.50.

Section 2. The City Manager is authorized to execute a The Cooperative Purchasing Network (TCPN) contract proposal with Trane U.S., Inc., for said improvements, which is attached hereto and incorporated herein as Exhibit “A”.

Section 3. This resolution shall take effect immediately from and after its passage.


______________________________Joe McCourry, Mayor City of The Colony, Texas

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ATTEST:

________________________________ Tina Stewart, City Secretary


________________________________Jeff Moore, City Attorney

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Agenda Item No:5.2

CITY COUNCIL Agenda Item ReportMeeting Date: December 17, 2019Submitted by: Terry GilmanSubmitting Department: Facilities Maintenance Item Type: ResolutionAgenda Section:

Subject:Discuss and consider approving a resolution authorizing the City Manager to execute a contract with HomelandBuilding Concepts and issue a Purchase Order in the amount of $254,000.00 for the Police Station GeneratorReplacement, Electrical Panel Upgrade and Dispatch Remodel. (Gilman)

Suggested Action:Funding provided for in the 2018 and 2019 CIP's. Bid Tab 75-20-03_Generator is attached showing the threeContractors that Bid on the Generator Replacement Project. Homeland Building concepts was chosen as thelow Bidder for this Project.

Attachments:PD Generator Project Contract with Homeland Building Concepts 2019.pdf

Bid Tab_Generator.pdf

Res 2019-xxx Construction Contract - Homeland Building Concepts.docx

42

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/490607/PD_Generator_Project_Contract_with_Homeland_Building_Concepts_2019.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/490608/Bid_Tab_Generator.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/492892/Res_2019-xxx_Construction_Contract_-_Homeland_Building_Concepts.pdf

Bid Tab 75-20-03_Generator

Item # Qty Unit DescriptionUnit Price

Total Price Unit Price Total Price Unit Price Total Price

1 1 LS Mobilization and General Site Preparation, work fully performed, complete in place 1 $ 10,000 61,300$ 61,300$ 5,000$ 5,000$ 2 1 LS Construction Staking, work fully performed, complete in place 1 $ 5,000 2,500$ 2,500$ 2,500$ 2,500$

3 1 EA Stabilized Construction Entrance, furnish and install, work fully performed, complete in place 1 $ 4,000 2,700$ 2,700$ 4,800$ 4,800$

4 84 SY Solid Sod, furnish and install including watering, topsoil and fertilizer, work fully performed, complete in place 1 $ 3,500 27.38$ 2,300$ 110$ 9,240$

5 99 LF Silt Fence, furnish and install complete in place 1 $ 3,500 23$ 2,277$ 96$ 9,504$

6 202 SF Sawcut and Remove Existing Concrete Pavement and Flatwork, work fully performed, complete in place 1 $ 7,500 15$ 3,030$ 49$ 9,898$

7 89 SF 4-inch Thick, 4,000 psi Portland Cement Concrete for Sidewalks, work fully performed, construct complete in place 1 $ 8,000 15$ 1,200$ 177$ 15,753$

8 23 SF 4-inch Thick, 4,000 psi Portland Cement Concrete for Steps, work fully performed, construct complete in place 1 $ 4,000 34.78$ 800$ 361$ 8,303$

9 2 EA Hand Railing, work 1 $ 3,500 750$ 750$ 2,000$ 4,000$ 10 74 LF 6-Foot Wood Privacy Fence, 1 $ 24,000 25$ 1,850$ 195$ 14,430$ 11 1 EA 6-Foot (4-Foot Wide) Wooden Gate, 1 $ 1,500 500$ 500$ 650$ 650$ 12 1 EA 6-Foot (10-Foot Wide) Wooden Gate, 1 $ 2,000 700$ 700$ 1,230$ 1,230$ 13 1 LS Generator Foundation, 1 $ 38,000 28,000$ 28,000$ 45,000$ 45,000$

TOTAL SECTION I - ADDED ALTERNATE NO. 1 ITEMS 1 THRU 13 114,500$ 107,907$ 130,308$

Item # Qty Unit Description and Price in WordsUnit Price

Total Price Unit Price Total Price Unit Price Total Price

1 1 LS Demolition , work fully performed, complete in place 1 10,000$ 18,560$ 18,560$ 9,500$ 9,500$ 2 1 LS Install Generator, work fully performed, complete in place 1 $ 55,000 22,545$ 22,545$ 25,900$ 25,900$

3 1 LS Replace Gear, Electrical Panels, Transformers, Feeders, and Branch Circuits, work fully performed, complete in place 1 75,000$ 119,825$ 119,825$ 166,000$ 166,000$

140,000$ 160,930$ 201,400$

114,500$ 107,907$ 130,308$ 140,000$ 160,930$ 201,400$ 254,500$ 268,837$ 331,708$

WAUKESHA-PEARCE INDUSTRIES LLC.

PRATER ELECTRIC LLC.

TOTAL BASE BID (SECTION II)TOTAL PROJECT ADDED ALTERNATE + BASE BID (SECTIONS I and II)

SECTION I - ADDED ALTERNATE NO. 1: CIVIL IMPROVEMENTS

TOTAL SECTION II - BASE BID ITEMS 1 THRU 3

HOMELAND BUILDING CONCEPTS

LLC

TOTAL ADDED ALTERNATE NO. 1 (SECTION I)

Section II – Base Bid: Electrical Improvements

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CITY OF THE COLONY, TEXASRESOLUTION NO. 2019 - ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH HOMELAND BUILDING CONCEPTS AND ISSUE A PURCHASE ORDER FOR THE POLICE STATION GENERATOR REPLACEMENT, ELECTRICAL PANEL UPGRADE AND DISPATCH REMODEL; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the City of The Colony, Texas (the “City”), desires to obtain the services ofHomeland Building Concepts and issue a purchase order for the police station generator replacement, electrical panel upgrade and dispatch remodel.; and

WHEREAS, the City has determined that it is in the best interest of the City to enter into an agreement with Homeland Building Concepts; and

WHEREAS, with said agreement the City is agreeing to pay the sum of $254,000.00 for such work.


Section 1. The agreement, a copy of which is attached hereto as Exhibit A, and is incorporated herein for all purposes, having been reviewed by the City Council of the City of The Colony, Texas, and found to be acceptable and in the best interest of the City and its citizens, be, and the same is hereby, in all things approved.

Section 2. The City Manager is hereby authorized to execute said agreement on behalf of the City of The Colony, Texas.

Section 3. This Resolution shall take effect immediately from and after its adoption and it is so resolved.


_____________________________ATTEST: Joe McCourry, Mayor



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53

Agenda Item No:5.3


Subject:Discuss and consider approving a resolution authorizing the City Manager to execute a Construction ServicesContract in the amount of $144,811.00 with Iron T Construction, Inc. for the Eastvale Storm DrainImprovements Project. (Hartline)

Suggested Action:Summary of Request: Consider approval of a resolution authorizing the City Manager to sign a ConstructionServices Contract in the amount of $144,811.00 with Iron T Construction, Inc. for the Eastvale Storm DrainImprovements Project.

Background:City Council approved an amendment to the 2019-2020 Stormater Utility budget to fund the construction of theEastvale Storm Drain Improvements Project. The project consists of drainage improvements in the right-of-wayat the southeast corner of Lakecrest Drive and West Shore Drive located in the Eastvale Subdivision. Publicstormwater drainage from the Eastvale subdivision collects at this corner and backs up onto the residentialproperty at this location.

This project consists of the installation of a closed conduit storm drain system to improve the overallsubdivision drainage in this area and will also alleviate and prevent public drainage from collecting on theresidential property. The work includes mobilization, preparation of right-of-way, installation of approximately150 LF of 24-inch to 30-inch reinforced concrete pipe, channel excavation, installation of 24-inch grouted rockriprap and both water line and force main pipe adjustments.

The project bids were opened on November 6, 2019 and the low bidder was Iron T Construction, Inc. at a costof $144,811.00. Staff reviewed the provided contractor references and received positive feedback from the Cityof Richardson, City of Mansfield and Halff Associates, Inc.

Recommendation: Staff recommends approval of a Construction Services Contract for the Eastvale Storm Drain ImprovementsProject with Iron T Construction, Inc. With approval, the project is anticipated to start construction in January2020 with an estimated completion in May 2020.

Suggested motion:I move to recommend approval of a resolution authorizing the City Manager to sign a Construction ServicesContract in the amount of $144,811.00 with Iron T Construction, Inc. for the Eastvale Storm DrainImprovements Project.

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Attachments:Certified Bid Tab

Engineering Recommendation Letter

Financial Summary

Location Map

Engineering Plan Sheet Showing Work

Res 2019-xxx Construction Services Contract - Iron T Construction, Inc.docx

55

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/491603/Certified_Bid_Tab._Eastvale_Storm_Drain_Improvements.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/491607/Engineering_Recommendation_Letter._Eastvale_Storm_Drain_Improvements.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/491608/Financial_Summary_Eastvale_Storm_Drain_Improvements.docx.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/491610/Location_Map.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/491613/Engineering_Plan_Sheet_showing_overall_work._Eastvale_Storm_Drain_Improvements.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/492865/Res_2019-xxx_Construction_Services_Contract_-_Iron_T_Construction__Inc.pdf

Financial Summary:

Are budgeted funds available: Yes No Amount budgeted/available: $145,000.00

Fund(s) (Name and number): 2019-2020 Storm Water Utility Fund

Fund # 710-669-6667

Cost of recommended bid/contract award: $144,811.00

Total estimated project cost:

$ 144,811.00 Construction cost Already authorized Yes No

$ 0.00 Other costs

$ 144,811.00 Total estimated costs

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µ Eastvale Storm Drain Improvements Location Map

Location of Improvements

59

CITY OF THE COLONY, TEXASRESOLUTION NO. 2019 - ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONSTRUCTION SERVICES CONTRACT WITH IRON T CONSTRUCTION, INC., FOR THE EASTVALE STORM DRAIN IMPROVEMENTS PROJECT; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the City of The Colony, Texas (the “City”), desires to obtain the services ofIron T Construction, Inc., for the Eastvale Storm Drain Improvements Project; and

WHEREAS, the City has determined that it is in the best interest of the City to enter into the Construction Services Contract with Iron T Construction, Inc.; and

WHEREAS, with said Construction Services Contract the City is agreeing to pay the sum of $144,811.00 for such work.


Section 1. The Construction Services Contract, a copy of which is attached hereto as Exhibit A, and is incorporated herein for all purposes, having been reviewed by the City Council of the City of The Colony, Texas, and found to be acceptable and in the best interest of the City and its citizens, be, and the same is hereby, in all things approved.

Section 2. The City Manager is hereby authorized to execute said Construction ServicesContract on behalf of the City of The Colony, Texas.

Section 3. This Resolution shall take effect immediately from and after its adoption and it is so resolved.


_____________________________ATTEST: Joe McCourry, Mayor



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62

Agenda Item No:5.4

CITY COUNCIL Agenda Item ReportMeeting Date: December 17, 2019Submitted by: Tina StewartSubmitting Department: City Secretary Item Type: ResolutionAgenda Section:

Subject:Discuss and consider approving a resolution amending Resolution No. 2014-094 to update meeting proceduresrecently approved on House Bill 2540(2019) by the Texas Legislature. (Council)

Suggested Action:Section 2.12 of the City of The Colony, Texas, Home-Rule Charter provides that the City Council of the City ofThe Colony, Texas (the “City Council”) shall determine its own rules and order of business.

City Council has adopted Roberts Rules of Order for the conduct of meetings, with the Mayor serving as Chair. The Texas Legislature approved House Bill 2840 (2019), which added section 551.007 to the TexasGovernment Code addressing public comment. Section 551.007(c) of the Texas Government Code, as addedby HB 2840 (2019) provides that the City Council “may adopt reasonable rules regarding the public’s right toaddress the body under this section, including rules that limit the total amount of time that a member of thepublic may address the body on a given item”.

The City Council feels that citizens do have a right to be heard at public meetings and a procedure to ensurethis right should be established.

Attachments:Res 2019-xxx City Council Rules of Procedure.docx

63

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/485421/Res_2019-xxx_City_Council_Rules_of_Procedure.pdf

1

CITY OF THE COLONY, TEXAS

RESOLUTION NO. 2019 - ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, ADOPTING RULES OF PROCEDURE FOR CITY COUNCIL MEETINGS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.

WHEREAS, the Section 2.12 of the City of The Colony, Texas, Home-Rule Charter provides that the City Council of the City of The Colony, Texas (the “City Council”) shall determine its own rules and order of business; and

WHEREAS, the City Council has adopted Roberts Rules of Order for the conduct of meetings, with the Mayor serving as Chair; and

WHEREAS, the City Council does agree that it is in the best interest of all concerned to establish guidelines for the preparation of an agenda for City Council meetings; and

WHEREAS, the City Council does agree that a Consent Agenda would expedite the business matters of the Council; and

WHEREAS, in 2019, the Texas Legislature approved House Bill 2840 (2019), which added section 551.007 to the Texas Government Code addressing public comment; and

WHEREAS, Section 551.007(c) of the Texas Government Code, as added by HB 2840 (2019) provides that the City Council “may adopt reasonable rules regarding the public’s right to address the body under this section, including rules that limit the total amount of time that a member of the public may address the body on a given item”; and

WHEREAS, the City Council feels that citizens do have a right to be heard at public meetings and a procedure to ensure this right should be established.

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

SECTION I - DEFINITIONS.

(a) Regular Meeting. A meeting of the City Council to conduct its business as set forth in the Home Rule Charter shall be held on the first and third Tuesdays of each month. In the event a Regular Meeting falls on a holiday, or another conflict occurs, the meeting may be rescheduled or cancelled as determined by City Council.

(b) Special Meeting. A meeting of the City Council that is not a Regular Meeting is a Special Meeting. Per the Home Rule Charter Section 2.11 a Special Meeting may be called by the

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Mayor or upon written application of any three members of City Council. Special Meetings may include actionable and/or non-actionable agenda items.

(c) Work Session. City Council Regular Meetings shall include a work session for the purpose of exchanging information about the public business or policy. Generally, no action is taken by City Council during the work session portion of the Regular Meeting.

(d) Agenda Packet. Supporting documentation for agenda items.

(e) Routine Business. Items of normal city business including canvassing an election, authorizing a contract, zoning which has previously been discussed at a public hearing, approval of minutes, grant deeds, grant of easements, final reading and adoption of ordinances, auditor’s reports as to cash count, standard subdivision agreements, calls for bids, reports of administrative actions and proposals, leases and agreements approved in principle, and rescheduling or cancelling regular meetings.

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SECTION II – AGENDA PREPARATION

(a) Regular Meeting agendas shall be posted by the Thursday before said meeting by 5:00 p.m. Agenda packets shall also be completed and made available by this time.

(b) The deadline for placing an item on the agenda is the Wednesday before said meeting by 12:00 p.m. Items placed on the agenda must be of sufficient clarity to enable the general public to determine the nature of the issue for consideration and the type of City Council action required, if any.

(c) New ordinances, except those dealing with routine business or amendments to ordinances currently in place in the Code of Ordinances, may be brought before City Council once for discussion only, and a second time for City Council consideration. This includes ordinances that add new sections or new subject matter to the Code of Ordinances, annexations, etc. The second reading of such ordinances may be placed on the Consent Agenda for City Council action.

(d) Items may be placed on the agenda by the following:

(1) The Mayor or any City Council member, provided the appropriate back-up information is presented in accordance with Section II (b).

(2) The City Manager, City Secretary, and City Attorney for items dealing with the operations or administration of their respective job functions.

(3) Matters that have been voted on by the City Council shall not be placed on the agenda for reconsideration within six (6) months, unless a member of City Council on the prevailing side, or a City Council member appointed or elected to City Council since the matter was considered, makes a written request to reconsider the matter.

(4) The Mayor may, in writing or verbally, advise the City Secretary to remove an item from an agenda for one meeting only.

(5) An item titled “Citizen Input” shall be included on each meeting agenda for City Council to hear comments from individuals regarding subject matter not posted on the meeting agenda. Citizen Input shall occur before the work session portion of a regular meeting. Citizens wishing to speak concerning a work session item shall speak during Citizen Input. No public comments shall be heard during a work session portion of the meeting.

SECTION III – CONSENT AGENDA

Routine business which is brought before City Council will be consolidated under the heading “Consent Agenda.” All items appearing under Consent Agenda shall be approved, adopted, accepted, or enacted by one motion and one vote of City Council. If the Consent Agenda

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contains minutes of meetings which one or more City Council members did not attend, an abstention will be recorded for those members. The agenda will contain the names of those absent from each meeting in parentheses after the meeting date to officially record the abstention. Items may be removed from the Consent Agenda by the Mayor or a City Council member for separate discussion and action.

SECTION IV – CITIZEN INPUT DURING MEETINGS

(a) CONDUCT

(1) Conversations between or among audience members should be conducted outside the meeting room. Attendees will refrain from loud private conversations while City Council is in session. Attendees shall not address the City Council except as provided herein.

(2) Placards, banners or signs will not be permitted in the Council Chambers or in any other room in which the City Council is meeting. Exhibits, displays and visual aids used in connection with presentations to the City Council are permitted.

(3) Only City Council members, city staff, and scheduled consultants may step to the dais. If information or documents need to be presented to the City Council, it must be provided to the City Secretary who shall distribute such material.

(4) All remarks and questions shall be made to the Mayor or City Council as a whole, and not to individual City Council members.

(b) COMMENTS

(1) Citizen Input Form. Any person who wishes to address the City Council must first register with the City Secretary by submitting a completed “Citizen Input” form. This form may also be used by citizens to show their support or opposition to an agenda item without having to address the City Council.

(2) Meetings. Citizen Input is allowed on posted agenda items when those items are addressed in the meeting. There is a specific section of each agenda to allow public comments regarding matters not posted on the agenda.

(3) No Action May be Taken on Subjects Not on the Agenda. In accordance with the Texas Open Meetings Act, the City Council cannot take action on or discuss any subject brought up during Citizen Input that is not a posted agenda item, however, the Mayor or City Council may add the issue to a future City Council agenda or refer it to the proper City department for action. If directed by City Council staff will prepare a follow-up letter to the citizen for any action so referred with a copy to each Council member.

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(4) Citizen Input. Pursuant to Section 551.007(c) of the Texas Government Code, the total time allotted for Citizen Input is limited to thirty (30) minutes per meeting, but in no event shall one (1) speaker exceed five (5) minutes unless otherwise allowed by the Mayor as provided in this subsection (b). Groups coming to address the City Council are encouraged to select representatives in order to conserve speaking time and reduce repetitive or redundant comments.

(5) Citizen Input and Agenda Items. Persons wishing to speak on any agenda item must submit a Citizen Input form prior to the beginning of discussion on that item unless otherwise allowed by the Mayor to fill out form after providing the Citizen Input or comments on an agenda item. Each person shall be recognized by the Mayor, and will be allowed to speak one time for each agenda item listed on their Citizen Input form. Members of the public desiring to provide public comment on matters scheduled for a public hearing will be allowed to speak only once either during Citizen Input or during the public hearing. During Citizen Input or during an agenda item, when their name is called to speak, each person shall come to the designated microphone, state their name and address, limit their presentation to five (5) minutes and restrict the comments to the subject being discussed. The Mayor may allow a speaker to exceed the five (5) minute time limit if the information presented is of value to the discussion and does not unduly prolong the meeting. A majority of City Council may also allow a speaker to continue after the Mayor has announced the end of the speaker’s time. If a speaker’s comments will be longer than five (5) minutes, the City Council encourages remarks to be prepared in writing and provided to each member through the City Secretary.

(6) Public Hearings. During Public Hearings the applicant will be allowed a maximum of twenty (20) minutes to make a presentation and ten (10) minutes for rebuttal if necessary. Each member of the public who desires to address the City Council concerning the public hearing item shall come to the designated microphone, state their name and address, limit their presentation to five (5) minutes and restrict the comments to the subject being discussed. The Mayor may allow a speaker to exceed the five (5) minute time limit if the information presented is of value to the discussion and does not unduly prolong the meeting. A majority of City Council may also allow a speaker to continue after the Mayor has announced the end of the speaker’s time.

(7) The Mayor has the responsibility and duty to rule a speaker out of order if the comments made are of a personal nature, or are in any other manner disruptive to the orderly conduct of business of the City Council. If the Mayor does not act promptly, a “Point of Order” motion from any City Council person can request the Mayor to call the speaker out of order. If the Mayor still does not act, the City Council person may call for a “Point of Privilege” and move for a vote of the City Council to restrict the speaker. A majority vote of the City Council will require the Mayor to immediately rule the speaker out of order.

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SECTION V – ATTENDANCE

Home Rule Charter Section 2.04. Member qualification.“…. (b) If any council member fails to maintain the qualifications of office as set forth in this charter or by Texas law, or is convicted in any court of a felony or a Class A or Class B misdemeanor or a crime involving moral turpitude, or holds any other public office other than as a notary public or a member of the naval or military reserve or national guard, or shall move from the City of The Colony, or fails to attend three (3) consecutive regular meetings of the city council, without first being excused by the city council, then said council member shall automatically forfeit his office resulting in a vacancy and shall not hold over in office, and the city council shall fill said vacancy as set forth in section 2.06 of this charter.”

1. Good and valid reasons for absences are listed below.

a. Illnessb. Death of family member or associatec. Vacationd. Employment

The City Council may deem other reasons as good and valid on a case by case basis. A member may be removed from office by the City Council for chronic absenteeism as defined in the City Charter.

2. Any member of City Council who misses a meeting will contact the Mayor, City Manager or City Secretary prior to the meeting with the reason for the absence.

3. The official roll will be noted in the meeting.

SECTION VI – MISCELLANEOUS

(a) Call to Order. The Mayor, or in the absence of the Mayor, the Mayor Pro-tem, or the absence of the Mayor and Mayor Pro-tem, the Deputy Mayor Pro-tem shall call the meeting to order. In the absence of all three of these members, the City Secretary shall call the meeting to order and a temporary presiding officer shall be elected.

(b) Conflict of Interest. A City Council member prevented from voting due to a conflict of interest may leave the meeting during the debate, shall not vote on the matter, and shall otherwise comply with current state law, Home Rule Charter Section 11.03, and ordinances concerning conflicts of interest.

(c) Cancellation of a Meeting. In the event a quorum of City Council will be difficult or lacking for a schedule City Council meeting, the Mayor may cancel the City Council meeting, or in the absence of the Mayor, the Mayor Pro-tem, or the absence of the Mayor and Mayor Pro-tem, the Deputy Mayor Pro-tem.

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SECTION VII

This Resolution shall supersede any preceding Resolutions regarding City Council Agenda preparation and conduct of meetings.


______________________________Joe McCourry, MayorCity of The Colony

ATTEST:

_______________________________Tina Stewart, City Secretary


_______________________________Jeffrey L. Moore, City Attorney

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Agenda Item No:5.5


Subject:Discuss and consider making appointments to Council committees and appoint liaisons to the various Councilappointed boards. (Council)

Suggested Action:

Attachments:

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Agenda Item No:6.1


Subject:Council shall convene into a closed executive session pursuant to Section 551.071 of the Texas GovernmentCode to seek legal advice from the city attorney regarding pending or contemplated litigation - Appeal of BrazosElectric Power Cooperative, Inc., PUC Docket No. 45175 and City of The Colony, Texas v. Brazos ElectricPower Cooperative, Inc. matter, Cause No. 16-06424-16.

Suggested Action:

Attachments:

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Agenda Item No:7.1


Subject:Any action as a result of executive session regarding pending or contemplated litigation - Appeal of BrazosElectric Power Cooperative, Inc., PUC Docket No. 45175 and City of The Colony, Texas v. Brazos ElectricPower Cooperative, Inc. matter, Cause No. 16-06424-16.

Suggested Action:

Attachments:

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