CITY OF COOPER CITY COUNCIL MEETING - REGULAR APRIL 9, 2018 - 5:00 PM COUNCIL MEMBERS PRESENT: DARREN BRADDY; MAYOR, DAVID PHILLIPS, E. J. CATES, ALLEN FOSTER, DONNA THOMASON, AND WILLIE "BEAR" WILKINS CITY ATTORNEY: JAY GARRETT OTHERE PRESENT: EMILY HOWSE, LARRY WILLIS, AMANDA L'ESPERANCE, CARMEN CHESSHER, KAREN ATKINS, SUSAN RASER, DEVONE MORRIS, KEITH MORRIS, JIM BUTLER, JENNIFER DWYER, AND TREVOR JAGGER AGENDA ITEM #1 Mayor Darren Braddy called the meeting to order and Mayor Braddy also voiced the prayer. AGENDA ITEM #2 David Phillips made the motion to. approve the March 12, 2018 minutes as written. E.J. Cates seconded. Allen Foster and Donna Thomason abstained due to their absence at that meeting. Vote carried. AGENDA ITEM #3 Larry Willis, with Oncor, presented to the council the need for denial of the application of Oncor Electric Delivery Company LLC for distribution cost recovery factor pursuant to 16 TEX. Admin Code 25.243 being filed with the Public Utility Commission of Texas. Mr. Willis stated that if the council denied the application then the rate issue would go before the Public Utility Commission (PUC). Donna Thomason made the motion for Jay Garrett to read resolution # 01-04-18 by caption. Allen Foster seconded. Vote unanimous. Jay read: RESOLUTION NO. 01-04-18 RESOLUTION BY THE CITY OF COOPER, TEXAS ("CITY") DENYING THE DISTRIBUTION COST RECOVERY FACTOR RATE REQUEST OF ONCOR ELECTRIC DELIVERY COMPANY LLC MADE ON OR ABOUT APRIL 5, 2018; AUTHORIZING PARTICIPATION IN A COALITION OF SIMILARLY SITUATED CITIES; AUTHORIZING PARTICIPATION IN RELATED RATE PROCEEDINGS; REQUIRING THE REIMBURSEMENT OF MUNICIPAL RATE CASE EXPENSES; AUTHORIZING THE RETENTION OF SPECIAL COUNSEL; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE E.J. Cates made the motion to approve resolution #01-04-18 denying the cost recovery factor. David Phillips seconded. Vote unanimous. AGENDA ITEM #4 Mayor Darren Braddy presented to the council that the Johnson Family Partnership wished to annex 2 acres located in the R. Price survey located at the intersection of E. Kaufman, S.E. 12th and CR 1012. Mayor Braddy stated that the Johnson Family Partnership was in the process of getting the 2 acres surveyed to start the annexation process. It was the consensus of the council to proceed with the proposed annexation. Mayor Braddy stated that the first public hearing on' this matter would be held on site on May 14, 2018. The second public hearing would be held June 11, 2018 pending the submission of the 2 acre survey. Willie "Bear" Wilkins made the motion to approve the 2 acre annexation of the Johnson Family Partnership. Allen Foster seconded. Vote unanimous. AGENDA ITEM #5 Mayor Braddy presented to the council the request of VFD Tanner Crutcher to enter into an interlocal agreement with the City of Frisco that would allow Cooper VFD to make equipment purchases at a considerable discounted price. It was the consensus of the council that this was a good idea. Willie "Bear" Wilkins made the motion to approve the interlocal agreement with the City of Frisco. Donna Thomason seconded. Vote unanimous. AGENDA ITEM #6 Mayor Braddy presented to the council that the upcoming TXCDBG Program Grant was at hand. Mayor Braddy stated that Emily Howse had sent solicitations for administrative services to several candidates and Resource Management and Consulting Company was the only company that submitted interest. Mayor Braddy stated that this would be a $275,000.00 grant that would be used to make much needed repairs Water Treatment Plant and Waste Water Treatment Plant. Donna Thomason made the motion to award the TXCDBG Program Administrative Services to Resource Management and Consulting Company. E. J. Cates seconded. Vote unanimous. AGENDA ITEM #7 Discussion of enacting Extra Territorial Jurisdiction (ETJ) was at hand. Mayor Braddy explained that ETJ was where the city could enforce city ordinances on county property within one half mile of the city limits. Mayor Braddy asked the council to voice their opinion. City Attorney Jay Garrett stated that the city would have to adopt specific ordinances for what they desired to enforce. Mayor Braddy stated that generally weeds, grass, junk and junk vehicles would be the main issue. Jennifer Dwyer was concerned that the farmers and ranchers could be adversely affected by this. She stated that it was her wish that the council consider this in their decision. After much discussion on this matter, it was the consensus of the council for Mayor Braddy to survey other cities that enforce ETJ and discuss this further at the next meeting. No action was taken at this time. AGENDA ITEM #8 Mayor Braddy presented to the council the need for an interlocal agreement for services to aid the City of Roxton when the need arose. Mayor Braddy stated that city has always helped Roxton but a documented agreement needed to be put in place. Jay Garrett prepared the interlocal agreement that would allow the city to aid Roxton when necessary. The agreement stated that the city could recoup expenses that went beyond reasonable and customary expenses if necessary. Willie "Bear" Wilkins made the motion to approve the interlocal agreement with the City of Roxton. Allen Foster seconded. Vote unanimous. AGENDA ITEM #9 Carmen Chessher presented to the council the request to be allowed to close a portion of the square for events like "Cruising the Bricks" that will be held monthly in hopes of bringing patrons to the local businesses and fellowship to the citizens of Cooper. Donna Thomason made the motion to allow the closing of a portion of the square as long as it did not include state maintained streets which would require state approval. Allen Foster seconded. Vote unanimous. AGENDA ITEM #10 Mayor Braddy stated that Dolly Turner, who was recently appointed to the Cooper Housing Authority Board, had resigned due to medical issues. Mayor Braddy stated that Laura Gillean was willing to fill the unexpired term. E. J. Cates made the motion to appoint Laura Gillean to the 2 year unexpired term on the Cooper Housing Authority Board. David Phillips seconded. Vote unanimous. AGENDA ITEM #11 Discussion of renewable energy with 1 Solar Solution was back on the table. Mayor Braddy stated that the contract with Champion was a possible deterrent but Phillip Sharp was still trying to work out some details. Mayor Braddy stated that this item was not ready for action therefore it would be tabled again until further information is gathered. No action taken at this time. AGENDA ITEM #12 Amending the golf cart ordinance was back on the table for discussion. Mayor Braddy stated that due to the absence of Allen Foster and Donna Thomason at the March meeting he wanted their input on this matter. After much discussion it was the consensus of the council to amend the ordinance to include gas powered golf carts and side by side vehicles. No 4 wheelers or go carts would be allowed. The final determination will depend on if the state will allow this therefore this item was tabled until further investigation by City Attorney Jay Garrett. No action was taken at this time. AGENDA ITEM #13 Mayor Braddy presented again the request to stop employees from smoking in city vehicles and city buildings. Mayor Braddy asked the council their opinion. After much discussion it was the consensus of the council that it was the Mayor's call to rule his employees as he saw fit. No ordinance is needed for this action. AGENDA ITEM #14 Monthly budget reports were reviewed. AGENDA ITEM #15 David Phillips made the motion to approve accounts payable. Donna Thomason seconded. Vote unanimous. AGENDA ITEM #16 E.J. Cates made the motion to adjourn. Allen Foster seconded. Vote unanimous. TIME: 6:07 PM APPROVED: ATTEST: - - hampe oul DARREN BRADDY, MAYOR EMILY HOWSE CITY OF COOPER CITY SECRETARY