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HomeMy WebLinkAbout2021 0216Agenda Item No:1.5 CITY COUNCIL Agenda Item Report Meeting Date: February 16, 2021 Submitted by: Mayra Sullivan Submitting Department: City Secretary Item Type: Miscellaneous Agenda Section: Subject: Items of Community Interest Suggested Action: Attachments: 4 Agenda Item No:3.1 CITY COUNCIL Agenda Item Report Meeting Date: February 16, 2021 Submitted by: Mayra Sullivan Submitting Department: City Secretary Item Type: Miscellaneous Agenda Section: Subject: Council to provide direction to staff regarding future agenda items. (Council) Suggested Action: Attachments: 5 Agenda Item No:4.1 CITY COUNCIL Agenda Item Report Meeting Date: February 16, 2021 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Minutes Agenda Section: Subject: Consider approving City Council Regular Session meeting minutes for February 2, 2021. (Stewart) Suggested Action: Attachments: February 2, 2021 DRAFT Minutes.docx 6 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 FEBRUARY 2, 2021 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 6:31 p.m. on the 2 nd day of February 2021, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call: Joe McCourry, Mayor Kirk Mikulec, Deputy Mayor Pro Tem Richard Boyer, Mayor Pro Tem Brian Wade, Councilmember David Terre, Councilmember Perry Schrag, Councilmember Joel Marks, Councilmember Present Present Present Present Present Present Present (arrived at 6:37 p.m.) And with 7 council members present a quorum was established and the following items were addressed in this meeting remotely via videoconference. 1.0 ROUTINE ANNOUNCEMENTS, RECOGNITIONS and PROCLAMATIONS 1.1 Call to Order Mayor McCourry called the meeting to order at 6:31 p.m. 1.2 Invocation Pastor Bruce White with The Journey Baptist Church delivered the invocation. 1.3 Pledge of Allegiance to the United States Flag The Pledge of Allegiance to the United States Flag was recited. 1.4 Salute to the Texas Flag Salute to the Texas Flag was recited. 1.5 Items of Community Interest Mayor McCourry provided an update onthe COVID-19vaccine. Mayor asked that everyone continue to do their part in following the Governor’s requirements in order to keep the virus at bay. Councilmember Marks arrived at 6:37 p.m. 2.0 CITIZEN INPUT None 7 City Council – Regular Meeting Agenda February 2, 2021 Page| 2 3.0 WORK SESSION 3.1 Receive a presentation from Emily Podzielinski of Eiger Marketing formerly known as Octagon regarding the Volunteers of America Classic. Emily Podzielinski, Tournament Director, and Patrick Healy, Vice President with Eiger Marketing, presented this item to Council. The presentation provided a recap of the 2020 VOA Classic Event, and outlined key events for the 2021 VOA Classic scheduled for June 28 through July 4, 2021 in The Tribute. 3.2 Discussion on the Notice of Intent to use Police Department Asset Seizure Funds. Police Chief David Coulon provided an overview on this item to Council. He stated the funds will be used for the replacement of law enforcement equipment. 3.3 Council to provide direction to staff regarding future agenda items. (Council) None 4.0 CONSENT AGENDA Motion to approve all items from the Consent Agenda- Mikulec; second by Boyer, motion carried with all ayes. 4.1 Consider approving City Council Regular Session meeting minutes for January 19, 2021. 4.2 Consider approving Council expenditures for the months of November and December 2020. 4.3 Consider approving a resolution authorizing the City Manager to execute a Park Attendant Agreement with Margaret Arquero to assist with management and operations services for Stewart Creek Park. RESOLUTION NO. 2021-011 5.0 REGULAR AGENDA ITEMS 5.1 Discuss and consider an engineering variance to Table II-7 - C Minimum Distance from Driveway to Intersection - Engineering Design Manual, in accordance with the Code of Ordinances Section 6-124 - Variance. The subject site is located at the northeast intersection of South Colony Boulevard and Memorial Drive. Senior Planner, Isaac Williams, provided an overview on this item to Council. Mr. Williams reviewed the drawings, maps and illustrations for analysis, and details for recommendations. Will Gietema, Project Manager with Arcadia Colony, LLC was available for questions. 8 City Council – Regular Meeting Agenda February 2, 2021 Page| 3 Council provided discussion on this item and moved to deny the proposed variance to allow for a resubmittal of a new proposal. David Hicinbothem, registered in opposition of the proposed ordinance. The public hearing was reopened at 7:10 p.m. Scott and Kim Richeson, 3513 Cottonwood Springs Drive, appeared in support of the proposed ordinance. Lindsay Ellis, 4024 Caldwell Avenue, appeared in opposition of the proposed ordinance. There being no other speakers the public hearing closed at 7:14 p.m. Motion to deny the variance for resubmittal of a new proposal- Mikulec; second by Schrag, motion carried with all ayes. 5.2 Conduct a public hearing, discuss and consider an ordinance regarding a zoning change from Planned Development 20 (PD-20) to Planned Development 28 (PD- 28) aka "Camey Place," to establish and provide single-family development standards on an approximately 14.306 acre tract of land out of the W. Bridges Survey, Abstract No. 112, The A. Robertson Survey, Abstract No. 405, The B.B.B. & C.R.R. Survey, Abstract No. 174, and the B.B.B. & C.R.R. Survey, Abstract No. 172 City of The Colony, Denton County, Texas. The subject site is located at the northeast intersection of South Colony Boulevard and Memorial Drive. City Attorney, Jeff Moore, offered a suggested motion to table this item for further study. Mayor acknowledged no one registered to speak on the propose ordinance. Council provided discussion on this item. Motion to table the item for further study- Marks; second by Mikulec, motion carried with all ayes. 5.3 Discuss and consider approving a resolution amending the Fiscal Year 2020-2021 Master Fee Schedule to include mobile food truck/trailer fire inspection fee. Fire Marshall, Jeromy Lucas, presented an overview on the proposed resolution to Council. City Council provided discussion on this item. Motion to approve -Terre; second by Mikulec, motion carried with all ayes. RESOLUTION NO. 2021-012 9 City Council – Regular Meeting Agenda February 2, 2021 Page| 4 5.4 Discuss and consider approving a resolution authorizing the City Manager to execute a contract with Kraftsman Commercial Playgrounds and Water Parks for the design, site work, purchase and installation of the Kids Colony Splash Park Phase 1 through the BuyBoard Purchasing Cooperative in the amount of $824,983.12 with funding from the Community Development Corporation. Community Services Director, Pam Nelson, presented to Council an overview on the proposed resolution. Council provided discussion on this item. Director of Government Relations, Brant Shallenburger, was available to answer questions regarding video surveillance at the site. Motion to approve -Marks; second by Schrag, motion carried with all ayes. RESOLUTION NO. 2021-013 5.5 Discuss and consider approving a resolution authorizing the City Manager to execute a contract with Site Source Inc. for the purchase and installation of the Pavilion Expansion of Kids Colony Splash Park Phase 1 project through the BuyBoard Purchasing Cooperative in the amount of $75,588.00 with funding from the Community Development Corporation. Community Services Director, Pam Nelson, presented to Council an overview on the proposed resolution. Motion to approve -Mikulec; second by Schrag, motion carried with all ayes. RESOLUTION NO. 2021-014 5.6 Discuss and consider approving a resolution authorizing the City Manager to award a bid from Fast General Contracting in the amount of $194,655.48 for civil improvements and construction of an engineered building. Programs Administrator, Joe Perez, presented to Council an overview on the proposed resolution. Motion to approve -Terre; second by Wade, motion carried with all ayes. RESOLUTION NO. 2021-015 10 City Council – Regular Meeting Agenda February 2, 2021 Page| 5 6.0 EXECUTIVE SESSION ADJOURNMENT With there being no further business to discuss the meeting adjourned at 8:39 p.m. APPROVED: __________________________________ Joe McCourry, Mayor City of The Colony ATTEST: _______________________________ Tina Stewart, TRMC, CMC City Secretary 11 Agenda Item No:4.2 CITY COUNCIL Agenda Item Report Meeting Date: February 16, 2021 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Resolution Agenda Section: Subject: Consider approving a resolution authorizing the City Manager to execute a renewal contract for services and designating the Dallas Morning News as the city's official newspaper. (Stewart) Suggested Action: Attachments: Dallas Morning News Agreement 2021-2022.pdf Res. 2021-xxx Dallas Morning News Official Newspaper.doc 12 13 14 15 16 17 18 19 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2021 - ______ A RESOLUTION OF THE CITY OF THE COLONY, TEXAS, DESIGNATING THE DALLAS MORNING NEWS, AS THE OFFICIAL NEWSPAPER FOR THE CITY; PROVIDING AN EFFECTIVE DATE WHEREAS, the Texas Local Government Code, Section 52.004, requires the governing body of a municipality to annually designate a public newspaper of the city as the official newspaper for official publications; and WHEREAS,The Colony City Council finds that the Dallas Morning News is a publication that meets the criteria legally required of an officially designated newspaper as stated by the Texas Government Code Section 2051.044. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1.That the City Council of the City of The Colony, Texas hereby designates the Dallas Morning News as the official newspaper of the City of The Colony for publication of ordinances, public notices and other matters required by the state law. Section 2.The City Manager is hereby authorized to execute a contract with the Dallas Morning News for the period of March 1, 2021 through February 28, 2022, as attached in Exhibit A. PASSED AND APPROVED by the City Council of the City of The Colony, Texas, this 16th day of February, 2021. ______________________________ Joe McCourry, Mayor City of The Colony, Texas ATTEST: ___________________________________ Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: ___________________________________ Jeff Moore, City Attorney 20 Agenda Item No:4.3 CITY COUNCIL Agenda Item Report Meeting Date: February 16, 2021 Submitted by: Brant Shallenburger Submitting Department: Human Resources Item Type: Resolution Agenda Section: Subject: Consider approving a resolution authorizing the City Manager to execute an addendum adding Behavioral Health Services to the services contract provided by The Colony Health and Wellness Center. (Shallenburger) Suggested Action: Attachments: The Colony (1st addendum adding bh counselor)(1-22-2021).pdf Res. 2021-xxx Marathon Health Contract Addendum.doc 21 FIRST ADDENDUM TO HEALTH SERVICES AGREEMENT This First Addendum to Health Services Agreement (the "Addendum"), dated as of the later of the signature dates below (the “Addendum Effective Date”), is made by and between City of the Colony (“Client”) and Marathon Health, LLC ("Marathon"). WITNESSETH WHEREAS, on November 20, 2018, Client entered into an agreement with Marathon for preventive, wellness, disease management, health consultation and primary care services for its employees (the "Agreement"). WHEREAS, the Parties wish to amend to the Agreement to allow for the addition of one 0.5 FTE Behavioral Health Counselor. NOW, THEREFORE, in consideration of the promises, terms, covenants and conditions set forth herein and in the Agreement, the Parties agree as follows: The Agreement and all subsequent Addendums are hereby amended as follows: 1. Addition of Behavioral Health Counselor. The “Health Center Staffing” of Schedule A of the Agreement is amended to increase the current staff by one 0.5 FTE behavioral health counselor (“BH Counselor”). 2. Fees. Effective upon the date of hire (targeted for May 1, 2021), the current Annual Service Fee shall be increased by the salary of the BH Counselor multiplied by 1.75 (estimated fee increase of $73,500 ($6,125 per month)). In addition, Marathon will invoice Client a one-time implementation fee in the amount of $9,256 for the recruiting, training travel, equipment and software fees related to the addition of the BH Counselor. The implementation fee does not include furnishings for the counseling room. Marathon will invoice Client for the implementation fee upon posting for the BH Counselor new hire and Client will pay the invoiced amount within 30 days of the date of invoice. 3. Miscellaneous. This Addendum is made under and incorporates the terms and conditions of the Agreement. The terms and conditions set forth in this Addendum are in addition to and not in substitution of any terms or conditions set forth in the Agreement. Except as specifically modified by this Addendum, the terms and conditions of the Agreement remain in full force and effect. IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the Addendum Effective Date. CITY OF THE COLONY MARATHON HEALTH, LLC Signed: Signed: Name: Name: Title: Title: Date: Date: 22 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2021 - _____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN ADDENDUM ADDING BEHAVIORAL HEALTH SERVICES TO THE CONTRACT BY AND BETWEEN THE CITY OF THE COLONY AND MARATHON HEALTH, LLC; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1.That the City Council of the City of The Colony, Texas, has duly reviewed and considered the addendum to the contract by and between the City of The Colony and Marathon Health, LLC., for the purpose of adding behavioral health services provided by The Colony Health and Wellness Center. Section 2. That this Contract for Services is found to be acceptable and in the best interest of the City and its citizens, and the City Manager is hereby authorized to execute the Contract on behalf of the City of The Colony, Texas, with the terms and conditions as stated therein. Section 3.That this resolution shall take effect immediately from and after its passage. PASSED AND APPROVED by the City Council of the City of The Colony, Texas this 16th day of February, 2021. ______________________ Joe McCourry, Mayor City of The Colony, Texas ATTEST: ___________________________________ Tina Stewart, TRMC, CMC City Secretary APPROVED AS TO FORM: ___________________________________ Jeff Moore, City Attorney 23 Agenda Item No:4.4 CITY COUNCIL Agenda Item Report Meeting Date: February 16, 2021 Submitted by: Robert Kotasek Submitting Department: Engineering Item Type: Resolution Agenda Section: Subject: Consider approving a resolution authorizing the City Manager to reject a bid in the amount of $3,285,354.00 with Rebcon, Inc. for the Grandscape Phase 2 Public Improvements Project. (Hartline) Suggested Action: Summary of Request: Consider approval of a resolution authorizing the City Manager to reject a bid in the amount of $3,285,354.00 with Rebcon, Inc. for the Grandscape Phase 2 Public Improvements Project. Background: On October 2, 2019, City Council approved a resolution amending the Intergovernmental Agreement for the South Colony Boulevard Extension at the Sam Rayburn Tollway with the North Texas Tollway Authority (NTTA), The Colony Local Development Corporation and the City of The Colony. The approved amendment will allow the city to construct the final phase ramp access for the South Colony Boulevard/ SH 121 bridge. The project included the reconstruction of the access ramp from the SH-121 frontage road and will connect the ramp to the bridge structure which will add the needed left turn connectivity to northbound South Colony Boulevard. This access ramp has the advantages of having less impact to the NTTA main lanes and frontage roads during construction, lessens the potential for crashes at the top of the diverging diamond intersection and will reduce the cost and time needed for the construction of the project. See the attached exhibit showing the new access ramp configuration from the frontage road to the bridge structure. The project design has been completed and the project was advertised for bid. The bids were opened on December 2, 2020 and of the two bids received, the low bidder was Rebcon, Inc. with a price of $3,285,354.00. Since this bid was higher than the Design Engineer’s construction cost estimate of $3,136,878.45 and adequate funding is not currently available in the TIRS, staff recommends that this bid be rejected and the project be rebid at a future date. Recommendations: Staff recommends that the bid from Rebcon, Inc. for the Grandscape Phase 2 Public Improvements Project be rejected and the project be rebid at a future date. Suggested motion: I move to recommend approval of a resolution authorizing the City Manager to reject a bid in the amount of $3,285,354.00 with Rebcon, Inc. for the Grandscape Phase 2 Public Improvements Project. 24 Attachments: Exhibit showing the new access ramp configuration Certified Engineer's Bid Tab Res. 2021-xxx REBCON Reject Bid.docx 25 26 BID TABULATION Phase II Grandscape Improvements BID OPENING DATE: DECEMBER 2, 2020 Client: Project: Project Number: Date: ITEM DESCRIPTION QTY.UNIT UNIT PRICE EXTENSION UNIT PRICE EXTENSION UNIT PRICE EXTENSION 1 Underground Utility Locations, work fully performed, complete in place 1 LS 22,500.00$ 22,500.00$ 3,500.00$ 3,500.00$ 15,000.00$ 15,000.00$ 2 Site Mobilization & General Site Preparation, work fully performed, complete in place 1 LS 278,650.00$ 278,650.00$ 150,000.00$ 150,000.00$ 380,000.00$ 380,000.00$ 3 Stormwater Pollution Prevention Plan, work fully performed, complete in place 1 LS 8,535.00$ 8,535.00$ 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 4 Construction Staking, work fully performed, complete in place 1 LS 35,000.00$ 35,000.00$ 30,000.00$ 30,000.00$ 90,000.00$ 90,000.00$ 5 Traffic Control Plan – Barricades, Signs & Traffic Handling, prepare, implement and maintain during construction, work fully performed, complete in place 8 MO 15,060.70$ 120,485.60$ 18,500.00$ 148,000.00$ 20,000.00$ 160,000.00$ 5b Portable, Programmable Message Sign – (4 total), furnish, install, move and remove, work fully performed, complete in place 8 MO 3,000.00$ 24,000.00$ 5,000.00$ 40,000.00$ 4,500.00$ 36,000.00$ 6 Sawcut and Remove Existing Concrete Pavement and Asphalt Underlay, work fully performed, complete in place 1 LS 26,671.00$ 26,671.00$ 50,000.00$ 50,000.00$ 32,000.00$ 32,000.00$ 7 Sawcut and Remove Existing Concrete, work fully performed, complete in place 1 LS 5,976.00$ 5,976.00$ 7,500.00$ 7,500.00$ 5,000.00$ 5,000.00$ 8 Sawcut and Remove Existing Concrete Curb and Gutter, work fully performed, complete in place 195 LF 15.00$ 2,925.00$ 16.00$ 3,120.00$ 30.00$ 5,850.00$ 9 Remove Existing Retaining Walls, work fully performed, complete in place 1 LS 119,488.00$ 119,488.00$ 50,000.00$ 50,000.00$ 25,000.00$ 25,000.00$ 10 Remove Drainage Structures, work fully performed, complete in place 2 EA 750.00$ 1,500.00$ 750.00$ 1,500.00$ 1,000.00$ 2,000.00$ 11 Remove Light Pole Foundations and Ground Boxes, work fully performed, complete in place 4 EA 637.50$ 2,550.00$ 1,050.00$ 4,200.00$ 1,500.00$ 6,000.00$ 12 Remove Guard Fence, work fully performed, complete in place 1 EA 750.00$ 750.00$ 1,200.00$ 1,200.00$ 2,500.00$ 2,500.00$ 13 Unclassified Street Excavation, work fully performed, complete in place 7,319 CY 20.00$ 146,380.00$ 20.00$ 146,380.00$ 20.00$ 146,380.00$ 14 Embankment (TY C), work fully performed, complete in place 1,289 CY 35.00$ 45,115.00$ 20.00$ 25,780.00$ 35.00$ 45,115.00$ 15 Embankment (TY C1), work fully performed, complete in place 4,298 CY 40.00$ 171,920.00$ 42.00$ 180,516.00$ 65.00$ 279,370.00$ 16 Backfill (TY A or B), work fully performed, complete in place 11.3 STA 350.00$ 3,955.00$ 400.00$ 4,520.00$ 800.00$ 9,040.00$ 17 Landscape and Irrigation, work fully performed, complete in place 1 LS 93,015.00$ 93,015.00$ 155,000.00$ 155,000.00$ 40,000.00$ 40,000.00$ 18 5% Lime Slurry, work fully performed, complete in place 43.2 TON 195.00$ 8,424.00$ 180.00$ 7,776.00$ 175.00$ 7,560.00$ 19 12-inch Lime Treated Subgrade, work fully performed, construct complete in place 1,800 SY 25.00$ 45,000.00$ 11.00$ 19,800.00$ 30.00$ 54,000.00$ 20 4-inch Thick D-GR TY-B Asphalt Underlay (PG64-22), work fully performed, complete in place 619 TON 95.00$ 58,805.00$ 150.00$ 92,850.00$ 95.00$ 58,805.00$ 21 10-inch Thick Continuously Reinforced Concrete Pavement, work fully performed, construct complete in place 2,907 SY 110.00$ 319,770.00$ 100.00$ 290,700.00$ 110.00$ 319,770.00$ 22 5 ¾” Type 2 Concrete Curb and Gutter, work fully performed, construct complete in place 121 LF 35.00$ 4,235.00$ 57.00$ 6,897.00$ 80.00$ 9,680.00$ 23 5 ¾” Type 2 Monolithic Concrete Curb, work fully performed, construct complete in place 1,012 LF 4.75$ 4,807.00$ 15.00$ 15,180.00$ 2.00$ 2,024.00$ 24 Landscape Pavers, furnish and install, work fully performed, complete in place 32 SY 75.00$ 2,400.00$ 250.00$ 8,000.00$ 120.00$ 3,840.00$ 25 4-inch Thick, 4.000 psi Portland Cement Concrete Sidewalk, work fully performed, construct complete in place 13 SY 95.00$ 1,235.00$ 90.00$ 1,170.00$ 700.00$ 9,100.00$ 26 4,000 psi Portland Cement Concrete Barrier-Free Ramp, work fully performed, construct complete in place 2 EA 2,500.00$ 5,000.00$ 1,400.00$ 2,800.00$ 3,500.00$ 7,000.00$ 27 Guardrail Safety End Treatment, work fully performed, complete in place 2 EA 7,404.50$ 14,809.00$ 6,000.00$ 12,000.00$ 4,500.00$ 9,000.00$ 28 Bridge Modifications, work fully performed, complete in place 1 LS 253,487.50$ 253,487.50$ 310,000.00$ 310,000.00$ 550,000.00$ 550,000.00$ 29 MSE Retaining W all (NTTA), work fully performed, construct complete in place 4,503 SF 99.97$ 450,175.00$ 105.00$ 472,815.00$ 105.00$ 472,815.00$ 30 MSE Retaining W all (CITY), work fully performed, construct complete in place 2,963 SF 80.87$ 239,625.00$ 95.00$ 281,485.00$ 100.00$ 296,300.00$ 31 Concrete Traffic Rail (Type SSTR), work fully performed, construct complete in place 595 LF 75.27$ 44,785.00$ 91.00$ 54,145.00$ 110.00$ 65,450.00$ 32 24” Reinforced Concrete Pipe (CL III), furnish and install, work fully performed, complete in place 148 LF 125.00$ 18,500.00$ 140.00$ 20,720.00$ 275.00$ 40,700.00$ 33 10’ Type II Curb and Grate Inlet, work fully performed, construct complete in place 1 EA 8,500.00$ 17,000.00$ 8,000.00$ 8,000.00$ 12,000.00$ 12,000.00$ 34 15’ Type II Curb and Grate Inlet, work fully performed, construct complete in place 1 EA 9,500.00$ 28,500.00$ 9,000.00$ 9,000.00$ 13,000.00$ 13,000.00$ 35 Remove Existing Signs, work fully performed, complete in place 7 EA 255.71$ 1,790.00$ 500.00$ 3,500.00$ 475.00$ 3,325.00$ 36 Install Small Roadside Sign, furnish and install, work fully performed, complete in place 3 EA 750.00$ 2,250.00$ 1,700.00$ 5,100.00$ 1,600.00$ 4,800.00$ 37 Install Small Roadside Sign (Rail Mounted), furnish and install, work fully performed, complete in place 2 EA 4,000.00$ 8,000.00$ 6,600.00$ 13,200.00$ 6,300.00$ 12,600.00$ 38 Install Large Roadside Sign, furnish and install, work fully performed, complete in place 1 EA 8,256.30$ 8,256.30$ 11,000.00$ 11,000.00$ 6,800.00$ 6,800.00$ 39 Install Overhead Guide Sign, furnish and install, complete in place 1 EA 50,832.00$ 50,832.00$ 83,000.00$ 83,000.00$ 79,000.00$ 79,000.00$ 40 Permanent Pavement Markings, work fully performed, complete in place 1 LS 7,943.85$ 7,943.85$ 28,000.00$ 28,000.00$ 10,000.00$ 10,000.00$ 41 Bridge Mounted Traffic Signal, furnish and install, work fully performed, complete in place 1 EA 54,256.89$ 54,256.89$ 132,000.00$ 132,000.00$ 125,000.00$ 125,000.00$ 42 Traffic Signals, furnish and install, work fully performed, complete in place 3 EA 45,823.55$ 137,470.66$ 57,000.00$ 171,000.00$ 55,000.00$ 165,000.00$ 43 Pedestal Pole Assemblies, furnish and install, work fully performed, complete in place 3 EA 19,256.89$ 57,770.66$ 7,000.00$ 21,000.00$ 6,700.00$ 20,100.00$ 44 NTTA Street Light Conduit Relocation, furnish and install, work fully performed, complete in place 1 LS 17,335.00$ 17,335.00$ 43,000.00$ 43,000.00$ 41,000.00$ 41,000.00$ 45 Additional Paving Area: 10-inch Thick Continuously Reinforced Concrete Pavement, work fully performed, construct complete in place 1,500 SY 110.00$ 165,000.00$ 100.00$ 150,000.00$ 110.00$ 165,000.00$ 3,136,878.45$ 3,285,354.00$ 3,852,924.00$ Bid Security YES YES Prequalification YES YES GRAND TOTAL BID PRICE = City of Colony, TX Engineer's Estimate Mario Sinacola & Sons Excavating, Inc. 10950 Research Road Frisco, TX 75033 Infrastructure Improvements for Grandscape Blvd. BID #69-21-04 12/2/2020 BASE BID Rebcon, Inc. 1868 W . Northwest Highway Dallas, TX 752202021.01.22 27 CITY OF THE COLONY,TEXAS RESOLUTION NO. 2021 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, REJECTING REBCON, INC.’S BID FOR THE GRANDSCAPE PHASE 2 PUBLIC IMPROVEMENT PROJECT AND AUTHORIZING THE REBIDDING OF SAID PROJECT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of The Colony, Texas, solicited bids for the Grandscape Phase 2 Public Improvement project (the“Project”); and WHEREAS,pursuant to the authority contained in Section 252.043(f) of the Texas Local Government Code, the City Council of the City of The Colony, Texas, is authorized to reject any and all bids. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS,THAT: SECTION 1. The findings set forth above are incorporated into the body of this Resolution as if fully set forth herein. SECTION 2. TheCityCouncil of the Cityof The Colony,Texas, pursuantto the authority contained in Section 252.043(f) of the Texas Local Government Code, find and determine it is in the best interest of the City to reject any and all bids for theProject. SECTION 3. The City Council of the City of The Colony, Texas, hereby authorizes City Manager and City staff to take all actions necessary to rebid the Project in accordance with state law. SECTION 4. If any section, article paragraph, sentence, clause, phrase or word in this Resolution, or application thereto any persons or circumstances is held invalid or unconstitutionalby a Court of competent jurisdiction, such holdingshall not affectthe validityof the remainingportions ofthisResolution;andtheCityCouncilherebydeclaresitwouldhavepassedsuchremainingportions of this Resolution despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 5. All provisions of the resolutions of the City in conflict with the provisions of this Resolution shall be, and are hereby, amended and repealed, and all other provisions of the resolutions of the City not in conflict with the provisions of this Resolution shall remain in full force and effect. SECTION 6. This Resolution shall become effective from and after its date of passage in accordance with law. 28 PASSED AND APPROVED by the City Council of the City of The Colony, Texas, this 16th day of February 2021. Joe McCourry, Mayor ATTEST: TinaStewart,TRMC,CMC CitySecretary APPROVED AS TOFORM: Jeff Moore, CityAttorney 29 Page 2 30 Agenda Item No:4.5 CITY COUNCIL Agenda Item Report Meeting Date: February 16, 2021 Submitted by: Isaac Williams Submitting Department: Engineering Item Type: Resolution Agenda Section: Subject: Consider approving a resolution authorizing the City Manager to execute an agreement for professional services in the amount of $120,000.00 to Stantec Consulting Services Inc., for the City's Master Plan Development. (Williams) Suggested Action: The City of The Colony Comprehensive Plan was adopted in 2007. In the 14 years since adoption The City has grown from a quite suburb of the Dallas-Fort Worth metropolitan area into an active, viable community of residents and new businesses. The major developments of Grandscape, Austin Ranch, Tribute, coupled with the development of the 121 Corridor and the expansion of FM 423, has signaled to the region that The Colony is a desirable place to live, work and invest. To keep up with the breakneck speed of growth in the city, our Comprehensive Plan has to be updated to match the demand and service needs generated by this growth. Our comprehensive plan must define and outline a strategic plan that unifies and supports the community vison while addressing our impending stage of development “build-out.” The Comprehensive Plan update will likely address more redevelopment than greenfield projects. However, it will be critical that the update incorporate an overall framework and policy context to guide development decisions for all development types. Staff will help in preparation of the document by research, technical analysis, writing, map making and other available resources within applicable City departments. Consultant services will be needed to assist with existing land use survey, demographic data, public meetings, and final document production (imaging and design) and presentation. Attachments: Agreement for professional services.pdf Res. 2021-xxx Stantec Consulting Services Inc. Professional Services Agreement.doc 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2021 - _____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR PROFESSIONAL SERVICES TO STANTEC CONSULTING SERVICES INC., FOR THE CITY’S MASTER PLAN DEVELOPMENT; PROVIDING AN EFFECTIVE DATE NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1.That the City Council of the City of The Colony, Texas, has duly reviewed and considered the agreement for the City’s Master Plan Development by and between the City of The Colony and Stantec Consulting Services, Inc. Section 2. That this agreement is found to be acceptable and in the best interest of the City and its citizens, and the City Manager is hereby authorized to execute the agreement on behalf of the City of The Colony, Texas, with the terms and conditions as stated therein. Section 3. That with this Amendment the City of The Colony is agreeing to pay the sum not to exceed the estimated amount of $120,000.00 for such work. Section 4.That this resolution shall take effect immediately from and after its passage. PASSED AND APPROVED by the City Council of the City of The Colony, Texas, this 16 th day of February, 2021. __________________________ Joe McCourry, Mayor City of The Colony, Texas ATTEST: __________________________________ Tina Stewart, TRMC, CMC City Secretary APPROVED AS TO FORM: ______________________________________ Jeff Moore, City Attorney 50 Agenda Item No:5.1 CITY COUNCIL Agenda Item Report Meeting Date: February 16, 2021 Submitted by: Isaac Williams Submitting Department: Engineering Item Type: Discussion Agenda Section: Subject: Discuss and consider an ordinance regarding a Site Plan application for the Live Oaks Logistics Park Phase 1, a multi-building commercial development located on Lot 1, Block 1 Of the Live Oaks Logistics Park an approximately 22.11 acre tract of land at the northeast intersection of Standridge Drive and Memorial Drive, within the Planned Development 19 (PD-19) and Gateway Overlay District. (Williams) Suggested Action: Please see the attached staff report, drawings, maps and illustrations for detailed land use, site layout and staff recommendations Attachments: SP20-0006 P&Z Staff Report Live Oaks Logistic Park Phase 1 Site Plan (Final).doc SP20-0006.pdf PP20-0003 Live Oaks Logistics Preliminary Plat (final).pdf SP20-0006 Development Plan All Final.pdf Ord. 2021-xxxx Live Oaks Logistic Park-Phase 1 Site Plan.doc 51 1 PLANNING AND ZONING COMMISSION REPORT AGENDA DATE:February 9, 2021 DEPARTMENT:Development Services Department PLANNER:Isaac Williams, Senior Planner, 972-624-3162 SUBJECT SP20-0006 Live Oaks Logistic Center Phase 1 Discuss and consider making a recommendation to City Council regarding a Site Plan application for the Live Oaks Logistics Center Phase 1, a multi-building commercial development located on an approximately 22.11 acre tract of land at the northeast intersection of Standridge Drive and Memorial Drive, within the Planned Development 19 (PD-19) and Gateway Overlay District. APPLICANT/OWNER Owner:Icon The Colony Land Owner Pool, LLC Link Industrial Properties New York, NY Applicant:B. David Littleton, Halff and Associates Richardson, TX EXISTING CONDITION OF PROPERTY The subject property is currently undeveloped. PROPOSED DEVELOPMENT The applicants request reflect the intent to develop the first phase of a multi-building commercial development known as Live Oak Logistics Center. Phase 1 contains approximately 331,000 square feet of warehouse and office space within three (3) buildings; Phase 1 is contained within the 22.11 acres of Lot 1. The proposed development is in accordance with the development intents reflected in the amendments to Planned Development-19 (PD-19). The approved amendments modified, and updated the existing permitted land uses on the site and addressed the reconfiguration of buildings, buffering, parking, landscaping and established the phasing and timing of infrastructure and utilities. The proposed request is the first of three phases of the overall development. ADJACENT ZONING AND LAND USE North - Planned Development-7 (PD-7) Residential (Ridgepointe Neighborhood) South - Business Park (BP) – Mixed Commercial East-General Retail (GR) and Planned Development-11 (PD-11) Mixed Commercial West-City of Lewisville DEVELOPMENT REVIEW COMMITTEE (DRC) REVIEW The Development Review Committee (DRC) recommends approval. Staff finds that proposed Site Plan is consistent with the approved concept plan of Planned Development (PD-19) and meets the requirements of Zoning Ordinance where applicable. Item# 3.1 52 2 ATTACHMENTS 1. Staff Analysis 2. Location Map 3. Proposed Site Plan 4. Proposed Landscape Plan 5. Proposed Building Elevations ATTACHMENT 1 Staff Analysis Land Use Analysis The subject site is located within the Planned Development 19 (PD-19) zoning district. This Planned Development is intended for uses categorized as light to heavy commercial, within the context of a business park configuration. The approved conceptual plan reflects the intent to phase the overall 97.55 acres; the first phase consists of three warehouse-office buildings. Building Elevations The elevation plan reflects a contemporary warehouse aesthetic of tilt wall construction with elevations consisting predominately of textured concrete and accented materials and colors. Each non-loading facade contains horizontal and vertical articulations, fenestration and color change to offer breaks of continuous and monotonous building elevation typical of large warehouse buildings. The elevation plan reflects an earth tone color pallet, which includes shades of gray and brown. The color selection and percentages are consistent with the approved conceptual plan and the Gateway Overlay District. The plan also reflects consistency with other similar development types and development within the surrounding area. Infrastructure Improvements The signalization of the intersection of Standridge Drive and Memorial Drive is currently being designed by the City and will be installed in 2021. Circulation and Parking Phase 1 of the proposed development requires a total of 253 parking spaces to accommodate the intended office and warehouse components. The site plan reflects a parking area containing 489 parking spaces including eleven (11) ADA accessible spaces. Each building provides large truck docks and loading areas. The site circulation is configured to provide internal vehicular connectivity and four (4) access points into Phase 1. The approved concept plan required that no access point along Standridge Drive be located north of the Cameron Bay Drive; the development reflects adherence to that condition. Additionally, the perimeter parking areas including truck courts are screened by either buildings, building extensions (wing walls) or dense vegetation. The proposed circulation and parking design is consistent with the approved conceptual site plan and reflects adherence to the Vehicular Parking, Parking Lot, and On-Site Traffic Regulations of the Zoning Ordinance and is consistent with the connectivity intent of the Gateway Overlay District. 53 3 Landscaping and Irrigation The Landscape plan reflects the planting of a variety of large trees, small ornamental trees, shrubs, and ground cover consistent with development within the Gateway Overlay District and in conformance with the approved conceptual landscape plans. Required Provided Interior Landscaping 10% 42,960 sq. ft.190,807 sq. ft. Tree Spacing 1:400 sq. ft.107 118 Perimeter landscape 51 Large Canopy, 86 Small Ornamental 51 Large Canopy, 86 Small Ornamental Parking Lot Landscape 1,690 sq. ft.4,620 sq. ft. Non-street yard parking 1,320 sq. ft.7,400 sq. ft. The site plan reflect the maintenance of the 250-foot greenbelt buffer which separates the development site from the adjacent residential development to the north. Development within the first phase reflect no encroachment or alteration to this buffer. Development Review Committee Review The Development Review Committee (DRC) recommends approval. Staff finds that proposed Site Plan is consistent with the approved concept plan of Planned Development (PD-19) and meets the requirements of Zoning Ordinance where applicable. 54 SSAAMM RRAAYYBBUURRNNTTOOLLLLWW AAYYSSTTAANNDDRRIIDDGGEEDDRRMMAARRKKE E TT S S TT M EM OR I AL DRMEMORIAL DR CCAAMMEERROONNBBAAYYDDRR SH 121SH 121LAKE CITY DRLAKE CITY DRELM FO RK D RELM FO R K DR CCLLEEAARRWWAATTEERRDDRRSS HH OORR EE LL IINN EE WWAAYYMMAARRIINNAAVVIISSTTAADDRR WHITE ROCK DRWHITE ROCK DRLLAA KK EE RR IIDD GGEE RRDD LL AAKK EE RR IIDD GGEE RRDD SAM RAYBURN TOLLW AYSAM RAYBURN TOLLW AYSSTTAANNDDRRIIDDGGEEDDRRMMAARRKKE E TT S S T T M EM ORI A L D RMEMORIAL D R SH 121SH 121MARINA VISTA DRMARINA VISTA DRCCAAMMEERROONNBBAAYYDDRR LLAAKKEECCIITTYYDDRREE LLMM FFOORR KK DDRR CCLLEEAARRWWAATTEERRDDRRSS HH OORR EE LL IINN EE WWAAYYWWHH IITTEERROOCCKKDDRRThis ma p was genera ted by GIS d ata provided by Th e Colony GIS Departmen t. The City of T he Colony does not guar antee th e co rrectness oraccuracy of any fea tures o n this map. These digital products are for llustration purpose s only a nd are no t suitable for site -specific decision making. /Project No. SP20-0006 - Project Name: Live Oak Logis tics Pa rk Subject Area Sub ject Area Live Oak Lo gistics Site Agricultu ral Business Park Business Park/I ndustrial Duplex Dwelling Gene ral Retail Heavy Comm ercial Industrial Light Commercial Mobile Hom e Neighb orh ood Service Office District 1 Pla nned Development Shopp ing Ce nter Sin gle Fam ily Dwelling Townh ome 55 56 57 58 59 60 61 62 63 64 65 66 67 68 1 CITY OF THE COLONY, TEXAS ORDINANCE NO. 2021 - ________ SITE PLAN – LIVE OAKS LOGISTICS PARK PHASE 1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, APPROVING A SITE PLAN APPLICATION FOR PHASE 1 OF THE LIVE OAKS LOGISTICS PARK A MULTI-BUILDING COMMERCIAL DEVELOPMENT ON AN APPROXIMATELY 22.11- ACRE TRACT OF LAND LOCATED AT THE NORTHEAST INTERSECTION OF STANDRIDGE DRIVE AND MEMORIAL DRIVE, WITHIN THE PLANNED DEVELOPMENT 19 (PD-19) ZONING DISTRICT AND THE GATEWAY OVERLAY DISTRICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALER CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission and the City Council of the City of The Colony, Texas, in compliance with the laws of the State of Texas, and the Code of Ordinances of the City of The Colony, Texas, and the City Council of the City of The Colony, Texas, is of the opinion and finds that Site Plan Application No. SP20-0006 for Phase 1 of the Live Oaks Logistics Park- a multi-building commercial development on an approximately 22.11-acre tract of land located at the northeast intersection Standridge Drive and Memorial Drive within the Planned Development 19 (PD-19) Zoning District and Gateway Overlay District should be approved. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. That the findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2.That the City Council of the City of The Colony, Texas, does hereby approve the Site Plan, Landscape Plan and Elevation [Façade] Plans copies of which are attached hereto as, Exhibit A of this Ordinance. SECTION 3.That it is hereby declared to be the intention of the City Council of the City of The Colony, Texas, 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 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 Ordinance, since the same would have been enacted by the City Council without the incorporation of this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4. That any provision of any prior ordinance of the City whether codified or uncodified, which are in conflict with any provision of this Ordinance, are hereby repealed to the extent of the conflict, but all other provisions of the ordinances of the City whether codified or uncodified, which are not in conflict with the provisions of this Ordinance, shall remain in full force and effect. 69 2 SECTION 5. That this Ordinance shall become effective immediately upon its passage. DULY PASSED by the City Council of the City of The Colony, Texas, this 16 th Day of February, 2021. Joe McCourry, Mayor City of The Colony, Texas ATTEST: Tina Stewart, TRMC, CMC City Secretary APPROVED AS TO FORM: Jeff Moore, City Attorney 70 Agenda Item No:5.2 CITY COUNCIL Agenda Item Report Meeting Date: February 16, 2021 Submitted by: Isaac Williams Submitting Department: Engineering Item Type: Ordinance Agenda Section: Subject: Conduct a public hearing, discuss and consider an ordinance regarding the approval of a Gateway Standards Waiver (GSW) to Section 10A-600 (e) to permit all parking for a multi-building commercial development within the front of the primary buildings [where the majority of the parking is to be located to the side or rear of the primary building.] The subject site is located at the northeast intersection of Overlake Drive and F.M. 423 (Main Street). The subject site contains approximately 2.96 acres and is within the General Retail (GR) zoning district and the Gateway Overlay District. (Williams) Suggested Action: Please see the attached staff report, drawings, maps and illustrations for detailed land use, site layout and staff recommendations. Attachments: GSW21-0001 CC Staff Report Gateway Standards Waiver The Colony Medical Office Building Overlake Drive.pdf GSW21-0001.pdf GSW21-0001 Parking illustration (site layout) Final.pdf Site Photos final.pdf Ord. 2021-xxxx The Colony Medical Office Building Overlake Drive GSW Parking.doc 71 1 CITY COUNCIL REPORT AGENDA DATE: February 16, 2021 DEPARTMENT: Development Services Department SUBJECT GSW21-0001 Gateway Standards Waiver The Colony Medical Office Building Overlake Drive Conduct a public hearing, discuss and consider an ordinance regarding the approval of a Gateway Standards Waiver (GSW) to Section 10A-600 (e) to permit all parking for a multi -building commercial development within the front of the primary buildings [where the majority of the parking is to be located to the side or rear of the primary building.] The subject site is located at the northeast intersection of Overlake Drive and F.M. 423 (Main Street). The subject site contains approximately 2.96 acres and is within the General Retail (GR) zoning district and the Gateway Overlay District. OWNER/ENGINEER Owner: Joe’s Country Store Inc. & Gita K. Samadi Plano, TX Applicant: Jeremy Nelson, PE Kirkman Engineering Colleyville, TX EXISTING CONDITION OF PROPERTY The property is undeveloped PROPOSED DEVELOPMENT The applicant currently intends to replat the single lot into two lots and develop each lot with commercial development. Lot 1R will contain a single story office building containing approximately 7,228 square feet; the adjacent Lot 3 is anticipated to have retail development, there is no determination of either a single building or multiple buildings on Lot 3 at this time. ADJACENT ZONING AND LAND USE North- Lake Lewisville South- Heavy Commercial (HC) - Retail East- Industrial (I) - Warehouse West- Neighborhood Services (NS) - Undeveloped DEVELOPMENT REVIEW COMMITTEE (DRC) REVIEW Staff recommends approval of a Gateway Standards Waiver to allow off-street parking within the front of a multi-building commercial development. PRIOR ACTION/REVIEW On January 29, 2021 the Planning and Zoning Commission voted (7-0) to recommend approval of the Gateway Standards waiver approval of a Gateway Standards Waiver to allow off -street parking within the front of a multi-building commercial development. 72 2 ATTACHMENTS 1. Location Map 2. Staff Analysis 3. Proposed site plan 4. Site Photographs ATTACHMENT 1 Staff Analysis Land Use Analysis The subject site is currently undeveloped. The site is the northernmost extent of commercial property along F.M. 423 before crossing Lake Lewisville. The surrounding area consist of sparse light to heavy commercial development and littoral area associated with Lake Lewisville . Previous plat approval reflected the intent to develop the site for eigh t (8) independent commercial lots. However, more recently those commercial lots were consolidated by replat into a single lot for development. The applicant requests approval of a Gateway Standards Waiver (GSW) to allow all of the proposed parking for the intended commercial development to be located within the front of the primary building(s). Development on both Lot 1R and Lot 3 will accommodate parking in front of the proposed buildings. This is a traditional parking configuration however, Section 10A-600 requires that “the majority of parking for new developments within the gateway shall be provided on the side or rear of the primary building.” This requirement is not intended to prohibit the allowance of parking within the front of the building; t his requirement is primarily intended to reduce the appearance of large expanses of parking, but also encourages greater attention to aesthetics as buildings are generally pushed closer to pedestrian ways and corridors. In accordance with Section 10A-500 of the Gateway Overlay District, the Planning and Zoning Commission and City Council shall review and evaluate a Gateway Standards Waiver application using the following criteria: 1. The impact on adjacent property owners 2. The existence of a hardship that is not a result of the property owner’s action. 3. The appropriateness of the request in terms of location, density and height of the structure or use; and, 4. The compatibility with the existing uses on the lot and surrounding land uses Staff finds the subject site differs from many sites in the City, as relatively few commercial sites abut Lake Lewisville and the associated littoral land often consisting of drainage easements and flood zones. The proposed plat and site plan reflects Lot 3 contains a drainage and flood easement and the location of the 100-year flood zone that encumbers all but approximately .08 acres of the 2.167 lot. This area restriction essentially dictates the location of any proposed building on this lot and influences the location of development on the adjacent Lot 1R. 73 3 Additionally, the site is adjacent to F.M. 423. At this location, the F.M. 423 right -of-way (r.o.w.) width is variable along the extent of the western property line. The F.M. 423 right -of-way depth, from the centerline of the pavement to the west property line, varies between 155.4’ to 121.9’; no development can occur within this area. Staff found this variable depth is in part due to the update and expansion of F.M. 423. The applicant revealed a concern for visibility of the potential buildings on Lot 3 and the viability of development if the proposed medical office on Lot 1R must be located to accommodate the parking location as required by the ordinance. A site visit and review of the surrounding developments reflects a similar par king area configuration to that requested by the applicant. Development immediately to the south, on either side of F.M. 423, accommodate required parking in front of the primary structure. The combination of extensive right-of-way depth and easement and flood zone encumbrances makes relief necessary to permit development specific to these parcels. As proposed, the subject site will otherwise be developed in compliance with the heightened design requirements of the Gateway Overlay District. The proposed development plans reflect building and site design consistent with newer development in the Gateway including height, massing and landscape aesthetics. Landscape shall be provided in accordance with the Gateway Overlay District and landscape requirements reflected in Section 17A. Review of the building and landscape elements shall occur with Site Plan consideration. It is not anticipated that granting of the Gateway Standards Waiver will create a material detriment to the public welfare or injury to the use, enjoyment or value of property in the vicinity. Notification The Zoning Ordinance requires newspaper notification a minimum of fifteen (15) days prior to the City Council meeting. Notice for this Public Hearing was published in The Dallas Morning News on January 29, 2021. The Zoning Ordinance requires notification of property owners located within 200 feet of the subject property a minimum of fifteen (15) days prior to the public hearing. Notices were sent on January 29, 2021. No comments for, or against the applicants request were received as of printing of this packet. Recommendation Development Review Committee Review Staff recommends approval of a Gateway Standards Waiver to allow off -street parking within the front of a multi-building commercial development. Prior Action/Review On January 29, 2021 the Planning and Zoning Commission voted (7-0) to recommend approval of the Gateway Standards waiver approval of a Gateway Standards Waiver to allow off -street parking within the front of a multi-building commercial development. 74 OOVV EE RR LLAAKK EE DDRRMAIN STMAIN STOA K S TOAK S T 7617 4720 7621 7616 7612 OOVV EE RR LL AAKK EE DDRRMAIN STMAIN STOAK S TOAK S T 7617 4720 7621 7616 7612 This ma p was genera ted by GIS d ata provided by Th e Colony GIS Departmen t. The City of T he Colony does not guar antee th e co rrectness oraccuracy of any fea tures o n this map. These digital products are for llustration purpose s only a nd are no t suitable for site -specific decision making. /Project N o. GSW21-0001 - P rojec t Name: The Colony MOB Overlake Dr Subject Area Sub ject Area The Colon y MOB Overlake Agricultu ral Business Park Business Park/I ndustrial Duplex Dwelling General Retail Heavy Commercial Industrial Light Commercial Mobi le Home Neighb orh ood S ervice Office District 1 Planned Development Shopping Center Single Family Dwelling Townhome 75 LIMIT OF DETAILED FLOODSTUDY AS SCALED PER(SEE NOTE REGARDINGAPPROXIMATE LOCATION OF100-YEAR FLOOD ZONE ASSCALED PER F.I.R.M.(SEE NOTE REGARDING FLOODZONE)ZONE "AE"ZONE "A"ZON E " A E " ZON E " A "ZONE "X"ZONE "AE"ZONE "X SHADED"ZONE "X" LO T 9 , B LO C K 4GA R Z A L I T T L E E LM L A K E E S T A T E S ADD I T IO N VO L . 2 , PG . 8 0 P.R . D .C . T . ZO N E D : I - I N D U S T R I A L LO T 2 , B L O C K A OV E R L A K E A D D I T I O N DO C . # 2 0 1 6 - 2 3 1 9 P.R. D . C . T . ZO N E D : I - I N D U S T R I A L LOT 1R, BLOCK AOVERLAKE ADDITION0.793 ACRES(34,529 SF)ZONED: GR - GENERAL RETAILLOT 3, BLOCK AOVERLAKE ADDITION2.167 ACRES(94,387 SF)ZONE: GR - GNERAL RETAILS82°49'55"E275.40'N1°46'27"W146.70'S89°01'33"W101.84'S17° 2 2 ' 2 2 " W 170. 7 1 'SSEX OHEEX OHEEX OHEEX OHEEX OHEEX OHEEX OHEEX OHEEX OHEEX OHEEX OHEEX OHEEX OHEEX OHEUPUPUPUPRIM=553.8'WVWVWVWVWVWVWVWMWMFHGUYGUYGUYGUYGUYSSRIM=535.3'XXXXXXXXXXXXXXXXXXXX METAL POSTSDRIM=555.5'SDRIM=541.0'SDRIM=555.2'SIGN "STOP"TBM#1 "XCS BOX"EL = 557.03PROPOSEDMEDICAL OFFICE7,228 SFFIRELANEFIRELANEFIRELANEFIRE L A N E FIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANE796647FHSSSSDRAINAGE & FLOOD EASEMENT(DOC.# 2016-2319, P.R.D.C.T.)15' DRAINAGE EASEMENT(DOC.# 2016-2319, P.R.D.C.T.)(LOCATION SCALED PER PLAT)15' WATER EASEMENT(DOC.# 2016-2319, P.R.D.C.T.)21' UTILITY EASEMENT(DOC.# 2006-38456, O.P.R.D.C.T.)21' UTILITY EASEMENT(DOC.# 2016-2319, P.R.D.C.T.)21' UTILITYEASEMENT(DOC.# 2006-38455,O.P.R.D.C.T.)OVERLAKE DRIVE(60' R.O.W. PER VOL. 2, PG. 80, P.R.D.C.T.)MAIN STREET(VARIABLE WIDTH R.O.W. AS SHOWN ON DOC.#2016-2319, P.R.D.C.T.)MAIN STREET(VARIABLE WIDTH R.O.W. AS SHOWN ON DOC.#2016-2319, P.R.D.C.T.)C3.0FILENAME: C3.0 SITE PLAN_WMC20004.dwgPLOTTED BY: Jeremy Nelson FULL PATH: K:\Jobs\WMC20004_Colony\Drawings\03 - ProductionK:\Jobs\WMC20004_Colony\Drawings\03 - Production\C3.0 SITE PLAN_WMC20004PLOTTED DATE: 2/10/2021 LEGENDBUTTRY ANDBROWN DEVELOPMENT5801 TENNYSON PARKWAY, STE 150PLANO, TX 75024PHONE: (214)296-4989SHEET:REV:DATE:DESCRIPTION: THE COLONY MEDICAL BUILDING LOT 1R, BLOCK A CITY OF THE COLONY DENTON, TEXASKIRKMAN ENGINEERING, LLC5200 STATE HIGHWAY 121COLLEYVILLE, TX 76034TEXAS FIRM NO. 15874JOB NUMBER:ISSUE DATE:WMC2000402/09/2021ENGINEERINGPRELIMINARYFOR REVIEW ONLYTHESE DOCUMENTS ARE FORDESIGN REVIEW ONLY ANDNOT INTENDED FOR THEPURPOSES OF CONSTRUCTION,BIDDING OR PERMIT. THEYWERE PREPARED BY, ORUNDER THE SUPERVISION OF:P.E.# 108577PATRICK C. FILSONDATE: February 10, 2021 SITE PLAN DATA TABLEEXISTING ZONINGGR-GENERAL RETAILPROPOSED ZONINGGR-GENERAL RETAILPROPOSED USEMEDICAL OFFICELOT AREA (SF) / (ACRES)34,529 / 0.793TOTAL BUILDING AREA (SF)7,228TOTAL IMPERVIOUS AREA (SF)22,580 (65.4%)BUILDING HEIGHT26'-0" (1 STORY)BUILDING LOT COVERAGE (%) / FLOOR AREA RATIO20.93% / 0.209:1SITE PLANCITY PROJECT NO. SP20-0004THE COLONY MOB0.793 ACRESLOT 1R, BLOCK AOVERLAKE ADDITIONCITY OF THE COLONY,DENTON COUNTY, TEXASPREPARATION DATE: 11/06/2020DEVELOPERBUTTRY ANDBROWN DEVELOPMENT5801 TENNYSON PARKWAY, STE 150PH: (214)296-4989CONTACT: STEPHEN BROWNLANDSCAPE ARCHITECTSTUDIO GREEN SPOT1784 W. MCDERMOTT ST., STE. 110ALLEN, TX 75013PH: (469)369-4448CONTACT: CHRIS TRONZANO, RLAENGINEERKIRKMAN ENGINEERING, LLC5200 STATE HIGHWAY 121COLLEYVILLE, TX 76034PH: 817-488-4960CONTACT: PATRICK FILSON, PESURVEYORBARTON CHAPA SURVEYING5200 STATE HIGHWAY 121COLLEYVILLE, TX 76034PH: 817-864-1957CONTACT: JACK BARTON, RPLSSITE PLANGRAPHIC SCALEFEET04020SCALE: 1" = 20'LAYOUT & DIMENSIONAL CONTROL NOTES:1.BOUNDARY LINES AND EASEMENT: REFER TO THE FINAL PLAT TOVERIFY PROPERTY LINES AND EXISTING EASEMENT LOCATIONS.2.DIMENSION CONTROL: UNLESS NOTED OTHERWISE, ALL PAVINGDIMENSIONS SHOWN ARE TO FACE OF CURB.3.CURB RADII: UNLESS NOTED OTHERWISE, ALL CURB RADII SHALLBE 3' AT FACE OF CURB.4.BUILDING DIMENSIONS: REFERENCE ARCHITECTURAL PLANS FOREXACT BUILDING DIMENSIONS.5.CONTRACTOR SHALL VERIFY ALL DIMENSIONS ANDCOORDINATES PRIOR TO CONSTRUCTION.6.ALL COORDINATES ARE U.S. SURVEY FEET, NAD '83 SURFACE. PARKING DATA TABLEMEDICAL OFFICE PARKING REQUIREMENT4 SPACE PER 1000 SFMEDICAL OFFICE PARKING SPACES REQUIRED29 SPACESTOTAL PARKING SPACES REQUIRED29 SPACESTOTAL PARKING SPACES PROVIDED* 29 SPACESREQUIRED ADA PARKING2 SPACES (INCLUDING 1 VAN)PROVIDED ADA PARKING2 SPACES (INCLUDING 1 VAN)TOTAL IMPERVIOUS AREA (SF,%)22,580 (65.4%)FHFIRELANE10SSAPPROVED BY THE CITY COUNCIL ON THE __________ DAY OF ____________, 2021._______________________________________________________________________PLANNING DIRECTORSITE NOTES:1.THE PROPOSED BUILDING FOR THIS DEVELOPMENT WILL HAVEFIRE SPRINKLERS AS REQUIRED BY THE ADOPTEDINTERNATIONAL CODES.2.FIRE LANE PAVEMENT TO BE IN ACCORDANCE WITH THE CITY OFTHE COLONY CODE OF ORDINANCES AND ENGINEERINGSTANDARDS.3.ALL PARKING LOCATED IN PHASE 1 AND FUTURE PARKING FORPHASE 2 IS INTENDED TO BE SHARED BETWEEN LOTS 1R ANDLOT 3.PROPOSED SIGNFIRE LANE STRIPINGPROPOSED FIRE HYDRANTPROPOSED SANITARY MANHOLEPROPOSED CURB INLETACCESSIBLE ROUTEPARKING COUNTPROPOSED RETAINING WALLPROPOSED FDCPROPERTY BOUNDARYPROJECT PHASING LINE* ALL REQUIRED PARKING IS LOCATED ON LOT 1RPHASE 2PHASE 1PHASE 2PHASE 1PAVING LEGENDPARKING AREAS5" 3,600 PSI CLASS "C" (28 DAYS)REIN.CONC. PAVEMENTW/ No. 3 BARS @ 18" O.C.E.W. DRIVE AISLES6" 3,600 PSI CLASS "C" (28 DAYS)REIN.CONC. PAVEMENTW/ No. 3 BARS @ 18" O.C.E.W. FIRE LANE & DRIVE APPROACH6" 4,000 PSI (28 DAYS)REIN.CONC. PAVEMENTW/ No. 4 BARS @ 24" O.C.E.W.DUMPSTER AREAS7" 4,000 PSI CLASS "C" (28 DAYS)REIN.CONC. PAVEMENTW/ No. 3 BARS @ 18" O.C.E.W.PRIVATE SIDEWALK4" 3,000 PSI CLASS "A"(28 DAYS) REIN. CONC.W/ No. 3 BARS @ 18" O.C.E.W.PUBLIC SIDEWALK4" 4,000 PSI CLASS "A"(28 DAYS) REIN. CONC.W/ No. 3 BARS @ 14" O.C.E.W.TXDOT PAVEMENTMATCH EXISTINGMATERIAL, THICKNESS & GRADE76 77 CITY OF THE COLONY, TEXAS ORDINANCE NO. 2021 - ______ THE COLONY MEDICAL OFFICE BUILDING OVERLAKE DRIVE GATEWAY STANDARDS WAIVER (GSW) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, APPROVING A WAIVER TO THE GATEWAY STANDARDS BY PERMITTING ALL PARKING FOR A MULTI- BUILDING COMMERCIAL DEVELOPMENT WITHIN THE FRONT OF THE PRIMARY BUILDINGS FOR AN APPROXIMATELY 2.96 ACRE TRACT OF LAND LOCATED AT THE NORTHEAST INTERSECTION OF OVERLAKE DRIVE AND F.M. 423 (MAIN STREET), WITHIN THE GENERAL RETAIL (GR) ZONING DISTRICT AND THE GATEWAY OVERLAY DISTRICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALER CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission and the City Council of the City of The Colony, Texas, in compliance with the laws of the State of Texas, and the Code of Ordinances of the City of The Colony, Texas, have given any requisite notices by publication and otherwise, and have held due public hearings and afforded a full and fair hearing to all property owners generally and to all persons interested, and is of the opinion and finds that Gateway Standards Waiver No. GSW21-0001 should be approved authorizing a waiver from section 10A-600(e) of the Code of Ordinances, which provides that the majority of the parking is to be located to the side or rear of the primary building, by permitting all parking for a multi-building commercial development within the front of the primary buildings. The subject site contains approximately 2.96 acres and is located at the northeast intersection of Overlake Drive and F.M. 423 (Main Street), within the General Retail (Gr) Zoning District and the Gateway Overlay District. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. That the findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2.That the City Council of the City of The Colony, Texas, does hereby approve the Gateway Standards Waiver from section 10A-600(e) of the Code of Ordinances to permit all parking for a multi-building commercial development within the front of the primary buildings, as reflected on and attached hereto as Exhibit A of this Ordinance. SECTION 3.That it is hereby declared to be the intention of the City Council of the City of The Colony, Texas, 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 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 Ordinance, since the same would have been 78 2 enacted by the City Council without the incorporation of this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4. That any provision of any prior ordinance of the City whether codified or uncodified, which are in conflict with any provision of this Ordinance, are hereby repealed to the extent of the conflict, but all other provisions of the ordinances of the City whether codified or uncodified, which are not in conflict with the provisions of this Ordinance, shall remain in full force and effect. SECTION 5. That this Ordinance shall become effective immediately upon its passage. PASSED AND APPROVED by the City Council of the City of The Colony, Texas this 16th day of February, 2021. Joe McCourry, Mayor ATTEST: Tina Stewart, TRMC, CMC City Secretary APPROVED AS TO FORM: Jeff Moore, City Attorney 79 3 Exhibit A 80 Agenda Item No:5.3 CITY COUNCIL Agenda Item Report Meeting Date: February 16, 2021 Submitted by: Tina Stewart Submitting Department: General Admin Item Type: Miscellaneous Agenda Section: Subject: Discuss and consider approving an ordinance amending the 2020-2021 Utility Fund operating budget in the amount of $600,000 to perform sidewalk repairs in various locations in the city. (Miller) Suggested Action: Attachments: Ord. 2021-xxxx 2020-21 BUDGET AMENDMENT Utility Fund.doc 81 CITY OF THE COLONY, TEXAS ORDINANCE NO. 2021 - _____ AMENDING THE FISCAL YEAR 20-2020 BUDGET AN ORDINANCE AMENDING ORDINANCE 2020-2405, ADOPTING THE FISCAL YEAR 2020-2021 BUDGET FOR THE UTILITY FUND OF CITY OF THE COLONY, TEXAS BY REALIGNING BUDGETS AS SET FORTH HEREIN; PROVIDING FOR INCORPORATION OF PREMISES; PROVIDING FOR THE ADOPTION OF THIS ORDINANCE AMENDING THE FISCAL YEAR 2020-2021 BUDGET FOR THE UTILITY FUND OF THE CITY OF THE COLONY; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; AND NAMING AN EFFECTIVE DATE. WHEREAS, the Council of the City of The Colony is conducting business pursuant to a budget for fiscal year 2020-2021, heretofore previously adopted by Ordinance No. 2020-2405 on the 17th day of September, 2020; 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 utilize $600,000.00 from the Utility Fund operating budget to perform sidewalk repairs in various locations in the City of The Colony, Texas; and WHEREAS, the City Council has reviewed the budget and has determined that a valid municipal purpose is served by such budget increases and reallocation of funds. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. INCORPORATION OF PREMISES The above and foregoing premises are incorporated into the body of this Ordinance as if copied herein in their entirety. SECTION 2. AMENDMENT AND ADOPTION That the Utility Fund budget for the fiscal year ending September 30, 2021 heretofore previously adopted by Ordinance 2020-2405 duly enacted by the City Council of the City of The Colony on the 15th day of September, 2020, be and is hereby amended as set forth herein, which 82 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 2020-2021 Utility Fund budget be amended in the amount of $600,000.00 for 11,000 linear feet of sidewalk reconstruction in various locations around the City. 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. 83 3 PASSED AND APPROVED by the City Council of the City of The Colony, Texas, this 16th day of February, 2021. __________________________________ Joe McCourry, Mayor City of The Colony, Texas ATTEST: ___________________________________ Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: Jeff Moore, City Attorney City of The Colony, Texas 84