HomeMy WebLinkAbout2022 0104Agenda Item No:1.1
CITY COUNCIL Agenda Item Report
Meeting Date: January 4, 2022
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Miscellaneous
Agenda Section:
Subject:
Call to Order
Suggested Action:
Attachments:
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Agenda Item No:1.2
CITY COUNCIL Agenda Item Report
Meeting Date: January 4, 2022
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Miscellaneous
Agenda Section:
Subject:
Invocation
Suggested Action:
Attachments:
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Agenda Item No:1.3
CITY COUNCIL Agenda Item Report
Meeting Date: January 4, 2022
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Miscellaneous
Agenda Section:
Subject:
Pledge of Allegiance to the United States Flag
Suggested Action:
Attachments:
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Agenda Item No:1.4
CITY COUNCIL Agenda Item Report
Meeting Date: January 4, 2022
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Miscellaneous
Agenda Section:
Subject:
Salute to the Texas Flag
Suggested Action:
Attachments:
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Agenda Item No:1.5
CITY COUNCIL Agenda Item Report
Meeting Date: January 4, 2022
Submitted by: Tina Stewart
Submitting Department: Police
Item Type: Recognition
Agenda Section:
Subject:
Recognize two City employees, Michael Chesney and Gerardo Vasquez, for their heroic efforts taken in helping
to locate a lost 10 year-old male in the Eastvale neighborhood on November 24. (Goodson)
Suggested Action:
Attachments:
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Agenda Item No:1.6
CITY COUNCIL Agenda Item Report
Meeting Date: January 4, 2022
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Miscellaneous
Agenda Section:
Subject:
Items of Community Interest
Suggested Action:
Attachments:
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Agenda Item No:3.1
CITY COUNCIL Agenda Item Report
Meeting Date: January 4, 2022
Submitted by: Tina Stewart
Submitting Department: General Admin
Item Type: Miscellaneous
Agenda Section:
Subject:
Receive a presentation and update from SPAN. (Perez)
Suggested Action:
Attachments:
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Agenda Item No:3.2
CITY COUNCIL Agenda Item Report
Meeting Date: January 4, 2022
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Miscellaneous
Agenda Section:
Subject:
Discuss Public Information Requests Quarterly Report as presented for Council review. (Council)
Suggested Action:
Attachments:
Public Information Quarterly Report.pdf
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Agenda Item No:3.3
CITY COUNCIL Agenda Item Report
Meeting Date: January 4, 2022
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Discussion
Agenda 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 Report
Meeting Date: January 4, 2022
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Minutes
Agenda Section:
Subject:
Consider approving City Council Regular Session meeting minutes for December 7, 2021. (Stewart)
Suggested Action:
Attachments:
December 7, 2021 DRAFT Minutes.docx
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1 These items are strictly public service announcements. Expressions of thanks, congratulations or condolences; information
regarding holiday schedules; honorary recognition of city officials, employees or other citizens; reminders about upcoming
events sponsored by the City or other entity that are scheduled to be attended by a city official or city employee. No action
will be taken and no direction will be given regarding these items.
MINUTES OF THE CITY COUNCIL REGULAR SESSION
HELD ON
DECEMBER 7, 2021
The Regular Session of the City Council of the City of The Colony, Texas, was called to order
at 6:33 p.m. on the 7
th day of December 2021, at City Hall, 6800 Main Street, The Colony,
Texas, with the following roll call:
Richard Boyer, Mayor
Judy Ensweiler, Councilmember
Robyn Holtz, Councilmember
Brian Wade, Councilmember
David Terre, Councilmember
Perry Schrag, Councilmember
Joel Marks, Councilmember
Present
Present
Present
Present
Present
Present
Present
And with 7 council members present a quorum was established and the following items were
addressed:
1.0 ROUTINE ANNOUNCEMENTS, RECOGNITIONS and PROCLAMATIONS
1.1 Call to Order
Mayor Boyer called the meeting to order at 6:33 p.m.
1.2 Invocation
Councilman Terre 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 Recognize the Sutton Creek Channel Sewer Reconstruction Project for receiving
Public Works Environmental Project of the Year from the Texas Chapter of the
American Public Works Association at their annual conference.
Director of Engineering, Ron Hartline, presented this item to Council. Mr. Hartline
acknowledged several individuals who participated in this project.
1.6 Recognize members of The Colony Police and Fire Department Honor Guards for
their contributions to the 20th Anniversary of the September 11th World Trade
Center attack this year at the Firehouse #4 9/11 Memorial Park.
Fire Chief Scott Thompson presented this item to Council. Chief Thompson
recognized members from the fire and police department who contributed to this
project.
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City Council – Regular Meeting Agenda
December 7, 2021
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1.7 Recognize members of The Colony Community Center for recent artistic
contributions to the facility decor.
Senior Community Center Coordinator, Diana Holland, presented this item to
Council. Ms. Holland recognized members of the center who had taken part in this
project.
1.8 2021 Arbor Day Proclamation
Mayor Boyer proclaimed December 7, 2021 as "Arbor Day" in the City of The
Colony. Park Development Manager, Eve Morgan, received the proclamation. Ms.
Morgan provided a brief overview on Tree City USA to Council.
1.9 Items of Community Interest
1.9.1 Receive presentation from Parks and Recreation regarding upcoming events and
activities.
Lindsey Stansell presented the upcoming events for the Parks and Recreation
Department.
2.0 CITIZEN INPUT
A.B. Martin, 4008 Steeple Ridge Drive, spoke concerning the Lake View restaurant.
3.0 WORK SESSION
3.1 Receive a presentation from The Colony Roadrunners Club regarding the 2021 The
Colony Half Marathon.
Steven Hildalgo with The Colony Roadrunner Club provided an overview on this
item. Mr. Hildalgo acknowledged sponsors, volunteers and participantsof the race.
3.2 Special presentations acknowledging former Mayor Joe McCourry and Council
member Place 1 Kirk Mikulec.
Mayor Boyer provided special presentations to former Councilman Kirk Mikulec
and Mayor Joe McCourry for their valuable contributions and years of service to
the City of The Colony. Both Mr. Mikulec and Mayor McCourry thanked the
community and city staff for the support provided during their time in office. Both
spoke recapping their dedicated time, commitment, service and the relationships
involved in making the City of The Colony what it is today.
3.3 Council to provide direction to staff regarding future agenda items.
None
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City Council – Regular Meeting Agenda
December 7, 2021
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4.0 CONSENT AGENDA
Motion to approve all items from the Consent Agenda with the exception of Agenda Item 5.3for
separate consideration- Wade; second by Marks, motion carried with all ayes.
4.1 Consider approving City Council Special Session Meeting minutes for November
15, 2021 and Regular Session meeting minutes for November 16, 2021.
***ITEM REMOVED FOR SEPARATE CONSIDERATION***
4.2 Consider approving a resolution authorizing the City Manager to execute a
Professional Services Contract with Dunkin Sims Stoffels Inc. in the amount of
$63,250.00 for Kids Colony Splash Park Phase 2, with funding from the
Community Development Corporation.
Motion to approve- Marks; second by Ensweiler, motion carried with all ayes.
RESOLUTION NO. 2021-079
4.3 Consider approving a resolution authorizing the City Manager to issue a purchase
order in the amount of $96,508.39 to TORO for the purchase of two grass mowers
and an infield groomer for Parks and Recreation.
RESOLUTION NO. 2021-080
4.4 Consider approving a resolution authorizing the City Manager to issue a purchase
order in the amount of $123,126.60 to Rush Truck Center for the purchase of an F-
550 Bucket Truck.
RESOLUTION NO. 2021-081
4.5 Consider approving a resolution authorizing the City Manager to execute an
amendment to Impact Fee Waiver Agreement and Amended and Restated
Development Agreement with TMGN 121, LLC and LUNACROSSING, LTD to
modify contract language and combine waived fees for two previous agreements
that were signed with the city.
RESOLUTION NO. 2021-082
4.6 Consider approving a resolution authorizing the City Manager to execute an
Engineering Services Contract in the amount of $48,180.00 with Halff Associates,
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City Council – Regular Meeting Agenda
December 7, 2021
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Inc. to prepare construction plans and specifications for the North Colony
Boulevard Pedestrian Hybrid Beacon Project.
RESOLUTION NO. 2021-083
5.0 REGULAR AGENDA ITEMS
5.1 Discuss and consider approving a resolution authorizing the City Manager to
execute any and all necessary documentation reflecting to participate in the
proposed Opioid Settlements brought by the State of Texas and other Jurisdictions
against various pharmaceutical companies for their roles in the National Opioid
Crisis.
Mayor convened the meeting into Executive Session at 7:51 p.m. for further
discussion.
Regular session was reconvened at 7:56 p.m.
Motion to approve- Marks; second by Ensweiler, motion carried with all ayes.
RESOLUTION NO. 2021-084
5.2 Discuss and consider an ordinance regarding the Site Plan application of “Building
E,” for an approximately 27,438 square-foot building for indoor “commercial
amusement” within Area 5 of the Lifestyle Center at Grandscape. The subject site
is located southwest of the intersection of Destination Drive and Grandscape
Boulevard within the Planned Development 25 (PD-25).
Senior Planner, Isaac Williams, presented the proposed ordinance to Council. Mr.
Williams reviewed the land use, parking, landscaping and elevations of the site
plan. The Development Review Committee finds the proposed site plan meets the
requirements of the Zoning Ordinance and recommends approval. On November
23, 2021, the Planning and Zoning Commission voted 6-0 approval of the proposed
site plan.
Motion to approve- Wade; second by Schrag, motion carried with all ayes.
ORDINANCE NO. 2021-2456
***MAYOR BOYER COMBINED AGENDA ITEM 5.3 AND 5.4***
5.3 Discuss and receive direction regarding the installation of a dedicated right turn
lane from West Lake Highlands Boulevard to FM 423 from the Eastvale
Subdivision.
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December 7, 2021
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5.4 Consider approving an ordinance amending the budget adding a project to the
approved Fiscal Year 2021-2022 GF Capital Projects Fund in the amount of
$238,000.00 for engineering design and construction services for the West Lake
Highlands Right Turn Lane Project.
Director of Engineering, Ron Hartline, presented the proposed resolution to
Council.
City Manager provided an overview on this item.
Council provided discussion on this item.
Motion to approve- Schrag; second by Marks, motion carried with all ayes.
ORDINANCE NO. 2021-2457
5.5 Discuss and consider approving the City Council meeting schedule for 2022.
Motion to approve- Schrag; second by Ensweiler, motion carried with all ayes.
5.6 Discuss and elect Mayor Pro Tem and Deputy Mayor Pro Tem according to the
Code of Ordinances, Chapter 2, Section 2-4 (b).
Motion to approve the nomination of Joel Marks as Mayor Pro Tem and Brian Wade as Deputy
Mayor Pro Tem- Schrag; second by Ensweiler, motion carried with all ayes.
5.7 Discuss and consider making appointments to the Tax Increment Reinvestment
Zone Number One Board of Directors.
Motion to approve the reappointments of Joel Marks to Place 6, Perry Schrag to Place 7,
Commissioner Ron Marchant to Place 8 and Commissioner Barry Jordan to Place 9- Schrag;
second by Wade, motion carried with all ayes.
Motion to approve the appointment of Brian Wade to Place 1- Marks; motion carried with all
ayes.
Motion to approve the appointment of David Terre to Place 5 with expiring term of December
2022- Schrag; second by Wade, motion carried with all ayes.
5.8 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 the reappointment of Richard Boyer as Chairman- Wade; motion carried
with all ayes.
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December 7, 2021
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5.9 Discuss and consider making appointments to the Tax Increment Reinvestment
Zone Number Two Board of Directors.
Motion to approve the appointments of Judy Ensweiler to Place 1 and Robyn Holtz to Place 3-
Terre; motion carried with all ayes.
Motion to approve the reappointments of Richard Boyer to Place 2, Kristian Teleki to Place 8
and Kathy Cunningham to Place 9- Schrag; motion carried with all ayes.
5.10 Discuss and consider appointing a member of the Tax Increment Reinvestment
Zone Number Two Board of Directors as Chairman for a one year term.
Motion to approve the appointment of Troy Powell as Chairman- Terre.
Motion to approve the reappointment of Richard Boyer as Chairman- Marks; City Manager
Troy Powell thanked Councilman Terre for the nomination, but made a recommendation for
Council to support Mayor Boyer as Chairman; motion carried with all ayes.
5.11 Discuss and consider making appointments to the Local Development Corporation
Board of Directors.
Motion to approvethe appointment ofJudy Ensweiler to Place 1 with expiring term of December
2022, and the reappointments of David Terre to Place 6, Kirk Mikulec to Place 7, Perry Schrag
to Place 8 and Joel Marks to Place 9- Wade; motion carried with all ayes.
5.12 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 the reappointment of Richard Boyer as Chairman- Terre; motion carried
with all ayes.
5.13 Discuss and consider making appointments to the Hotel Development Corporation
Board of Directors.
Motion to approvethe appointment of Judy Ensweiler to Place 1 with expiring term of December
2022 and Robyn Holtz to Place 7; and the reappointment of David Terre to Place 6, Perry Schrag
to Place 8 and Joel Marks to Place 9- Terre; motion carried with all ayes.
5.14 Discuss and consider appointing a member to the Hotel Development Corporation
Board of Directors to serve as Chairman for a one-year term.
Motion to approvethe reappointment of Richard Boyer as Chairman-Ensweiler; motion carried
with all ayes.
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City Council – Regular Meeting Agenda
December 7, 2021
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5.15 Discuss and consider rescheduling or canceling the December 21, 2021 City
Council meeting (Observance of Christmas) and provide direction to staff.
Motion to approve- Schrag; second by Wade, motion carried with all ayes.
5.16 Discuss and consider making appointments to Council committees and appoint
liaisons to the various Council appointed boards.
Mayor read the appointments as follows:
1. Animal Control Advisory – Councilman Terre
2. Board of Adjustment – Councilman Marks
3. Community Development Corporation Type B – Councilman Wade with
Councilman Marks as alternate
4. Economic Development Corporation Type A – Councilman Schrag with
Councilman Wade as alternate
5. Keep The Colony Beautiful – Councilman Marks
6. Library – Councilwoman Ensweiler
7. Planning and Zoning Commission – Councilman Terre with Councilman
Schrag as alternate
8. Technologies – Councilwoman Holtz
9. Chamber of Commerce – Councilman Terre
Executive Session was convened at 8:45 p.m.
6.0 EXECUTIVE SESSION
6.1.A. Council shall convene into a closed executive session pursuant to Section
551.071 of the Texas Government Code to seek legal advice from the city attorney
regarding hotel project and Chapter 1205 declaratory judgment action concerning
the City’s receipt of certain state tax revenues, including the state’s sales and use
tax, hotel occupancy tax, mixed beverage taxes, and related matters.
B. Council shall convene into a closed executive session pursuant to Section
551.072 of the Texas Government Code to deliberate the purchase, exchange, lease,
or value of real property.
C. Council shall convene into a closed executive session pursuant to Section
551.074 of the TEXAS GOVERNMENT CODE to deliberate the appointment,
evaluation, reassignment, discipline, or dismissal of a Library Board member.
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Regular Session was reconvened at 10:18 p.m.
7.0 EXECUTIVE SESSION ACTION
7.1 A. Any action as a result of executive session regarding hotel project and Chapter
1205 declaratory judgment action concerning the City’s receipt of certain state tax
revenues, including the state’s sales and use tax, hotel occupancy tax, mixed
beverage taxes, and related matters.
No Action
B. Any action as a result of executive session regarding the purchase, exchange,
lease, or value of real property.
No Action
C. Any action as a result of executive session regarding the appointment,
evaluation, reassignment, discipline, or dismissal of a Library Board member.
No Action
ADJOURNMENT
With there being no further business to discuss the meeting adjourned at 10:18 p.m.
APPROVED:
__________________________________
Richard Boyer, Mayor
City of The Colony
ATTEST:
_______________________________
Tina Stewart, TRMC, CMC
City Secretary
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Agenda Item No:4.2
CITY COUNCIL Agenda Item Report
Meeting Date: January 4, 2022
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Expenditures
Agenda Section:
Subject:
Consider approving Council expenditures for the months of October and November 2021. (Council)
Suggested Action:
Attachments:
Council October November Expenditures.pdf
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Agenda Item No:4.3
CITY COUNCIL Agenda Item Report
Meeting Date: January 4, 2022
Submitted by: Tina Stewart
Submitting Department: General Admin
Item Type: Discussion
Agenda Section:
Subject:
Consider approving the Mayor sign the Governors mandated “State of Texas Department of Emergency
Management 147 Notification Form”, that City of The Colony will continue to operate under the Denton County
Emergency Management system, and that the security advisor will continue to serve as the Mayors designated
Emergency Management Coordinator for calendar year 2022. (Beene)
Suggested Action:
Attachments:
Emergency Management Director Coordinator Notification Form.pdf
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Agenda Item No:4.4
CITY COUNCIL Agenda Item Report
Meeting Date: January 4, 2022
Submitted by: Robert Kotasek
Submitting Department: Engineering
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to execute a Real Estate Sales Contract and
complete closing activities for the sale of a portion of Block 217, Lot 16 of the Colony No. 26 Addition to Mr. Jose
Esparza for $13,500.00. (Hartline)
Suggested Action:
Background:
During the expansion of FM 423, the city purchased Lot 16, Block 217 of The Colony No. 26 to allow an internal
connector roadway to be moved and connect Archer Drive and Freeman Drive. Moving this roadway would
provide additional right-of-way that was needed for the expansion of FM 423 in this area. The property was
purchased by the city on August 12, 2010.
After the reconstruction of this connector, a vacant portion of this parcel of land remained that cannot be
developed due to its size. The City has no need to keep this property and is currently responsible for continuous
mowing and maintenance of this vacant remainder. The City was approached by Jose Esparza (the adjacent
landowner) to purchase 4,006 square feet of this remainder tract for $13,500.00. Mr. Esparza currently owns
the adjacent home at 4660 Freeman Drive.
Recommendation:
Staff has reviewed this Real Estate Sales Contract and recommends approval of this contract and completing
closing activities for this parcel. Selling this parcel to Mr. Esparza will allow this portion of the property to be
taxed by Denton County and will allow Mr. Esparza to re-plat in the future and combine this undevelopable tract
of land with his current adjacent property.
Attachments:
Real Estate Sales Contract
Res. 2022-xxx Real Estate Sales Contract - Jose Esparza.doc
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CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2022 - _______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, APPROVING A REAL ESTATE SALES CONTRACT
AND BETWEEN THE CITY OF THE COLONY AND JOSE ESPARZA
FOR THE SALE OF A PORTION OF BLOCK 217, LOT 16 OF THE
COLONY NO. 26 ADDITION; AUTHORIZING THE CITY MANAGER
TO EXECUTE THE CONTRACT; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City and Consultant have entered into a Real Estate Sales Contract for
the of a portion of Block 217, Lot 16 of The Colony No. 26 Addition; and
WHEREAS, the City has determined that it is in the best interest of the City to enter into
the Contract with Jose Esparza which is attached hereto and incorporated herein by reference as
Exhibit “A”under the terms and conditions provided therein; and
WHEREAS, with this Contract the City of The Colony is agreeing to purchase the tract
of land in the amount of $13,500.00.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS, THAT:
Section 1.The Real Estate Sales Contract, which is attached hereto and incorporated herein
as Exhibit "A",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 the Contract 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.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS THIS 4TH DAY OF JANUARY 2022.
_____________________________
Richard Boyer, Mayor
City of The Colony, Texas
ATTEST:
_______
Tina Stewart, TRMC, CMC, City Secretary
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APPROVED AS TO FORM:
Jeff Moore, City Attorney
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Agenda Item No:4.5
CITY COUNCIL Agenda Item Report
Meeting Date: January 4, 2022
Submitted by: David Cranford
Submitting Department: Finance
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to issue a purchase order to Silsbee Ford in the
amount of $66,488 for the purchase of a Ford F450 truck. (Whitt)
Suggested Action:
The truck was included in the 21-22 approved CIP. Truck has a 12 foot flat bed needed to carry a vactor and
power pack consisting of a compressor, welder, and generator. Added on items budgeted and purchased
separately.
Attachments:
Ford F450 Ext Cab Summary.pdf
Res. 2022-xxx Ford F450 Truck.docx
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CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2022 - _______
A RESOLUTION OF THE CITY OF THE COLONY, TEXAS AUTHORIZING
THE CITY MANAGER TO APPROVE A PURCHASE ORDER FOR THE
PURCHASE OF A FORD F450 TRUCK; 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 hereby authorizes the
City Manager to approve the purchase of a Ford F450 truck.
Section 2. That the City Manager or his designee is authorized to approve the purchase
order.
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 4TH DAY OF JANUARY 2022.
______________________
Richard Boyer, Mayor
City of The Colony, Texas
ATTEST:
___________________________________
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
___________________________________
Jeff Moore, City Attorney
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