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Home My WebLink About2022 0301Agenda Item No:1.5 CITY COUNCIL Agenda Item Report Meeting Date: March 1, 2022 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Miscellaneous Agenda Section: Subject: Items of Community Interest Suggested Action: Attachments: 3 Agenda Item No:1.6 CITY COUNCIL Agenda Item Report Meeting Date: March 1, 2022 Submitted by: Lindsey Stansell Submitting Department: Parks & Recreation Item Type: Announcement Agenda Section: Subject: Receive presentation from Parks and Recreation regarding upcoming events and activities. Suggested Action: Attachments: 4 Agenda Item No:3.1 CITY COUNCIL Agenda Item Report Meeting Date: March 1, 2022 Submitted by: Joe Perez Submitting Department: General Admin Item Type: Presentation Agenda Section: Subject: Discuss and receive direction from City Council on adopting an ordinance for the collection of Hotel Occupancy Tax from short term rental properties within The Colony. (Perez) Suggested Action: Attachments: STR council agenda narrative.docx GovOS STR-Overview presentation.pdf Quote 1 - The Colony, TX-Proposal_LodgingRevs_GovOS.pdf 5 This item is being brought before Council for discussion/direction as Councilman Wade asked that the topic of collecting hotel occupancy tax(HOT) from short-term rental(STR) properties be further researched at the 2021 Council retreat. This topic has been discussed at the state level over the past two sessions with a few house bills being introduced to require STR’s state wide to remit HOT tax to municipalities and the State. However, those bills failed to make it out of committee and to the floor for a formal vote so at this point in time and for the foreseeable future, it is up to individual municipalities to enact legislative requirements for STR’s to remit HOT tax to them. An increasing number of Texas municipalities are moving in the direction of adopting these requirements and staff researched several with an ordinance and program already in place such as the cities of Waco, San Marcos, Addison and Irving. With that said, staff has completed the research phase of this topic and has put together a draft ordinance and preliminary program for consideration. In our research, we found several third party companies that provide short term rental monitoring and tax collection/remitting services. Of the companies staff identified and communicated with, only one provides monitoring and tax collection/remitting services for short-term rentals and hotels which staff believes is more desirable from a collection/compliance and staffing perspective. Once the city enters in to an agreement with the third party service, they would be responsible for monitoring/tracking all of the STR booking sites with stays booked in The Colony as well as collecting and remitting the HOT tax owed from each stay to the city on a annual basis. The collection period can be adjusted to a quarterly, semi-annual or other due date should Council wish to adjust the due date period. In order to implement the program and begin collecting HOT tax from STR’s operating in The Colony, additional ordinance language is necessary to one, authorize the application andcollection of HOT tax from STR’s and two, set forth enforcement/penalty clauses for those properties identified to be non- compliant. A detailed breakdown of what the draft ordinance and program is, and is not, can be found below. What the draft ordinance does: 1. Requires STR host properties and/or booking websites to comply with assessing the city’s 7% HOT rate for each day booked at their property that does not exceed 30 days. a. The STR owner/host is not responsible for paying the tax just as a hotel operator is not for reservations at their property; the guest in either scenario is responsible for paying the tax. (Optional) 2. A section of the draft ordinance requires the owner to register as an STR with the city, pay a one time registration fee, undergo a building code safety inspection and abide by all of the city’s ordinances regarding noise, parking, nuisances, etc. This section also includes language to revoke or suspend an STR registration due to repeated violations of the city’snuisance ordinances. This language was included in the draft should Council desire the requirements 6 however; it is not necessary from a tax collection perspective and can be removed without affecting the intent of the ordinance should Council desire to do so. What the draft ordinance does not do. 1. The overall intent of the ordinance is to create a mechanism for the city to collect HOT tax from STR’s. Outside of what is proposed in the optional language of bullet #2 above, there are no other requirements or provisions that regulate STR’s operation in The Colony from a zoning perspective. From the feedback staff received at the retreat, it was not Council’s desire to regulate STR’s other than to collect HOT tax from them and the draft ordinance was written in that spirit. 2. The draft ordinance does not require an STR owner to pay the HOT tax for each booking at their property. Payment of the tax will be included in the guest booking bill and their responsibility to pay, just as a guest at a hotel would do. However, the owner would be responsible for complying with the ordinance as far as ensuring the tax is remitted to city, just as hotels are required currently by ordinance. 7 8 9 10 11 12 13 14 This proposal is confidential and shall not be shared with a third party. The Colony, Tx- Proposal Short-Term Rental Detection & Compliance Monitoring ● The LODGINGRevs system will discover all available The Colony short-term rental ad listings posted on 30+ RELEVANT sites. ● LODGINGRevs will maintain The Colony ad listing and property database in our system of all relevant ad and property data that is discovered. ● All aspects of the system and the databases are accessible online by City staff with unlimited licenses. ● The system and our expert review team will analyze all The Colony ad listings, which are not in The Colony existing database, connect the ad listings to property record data, and determine compliance & permit status. Tax Collection ● Custom tax forms with auto calculation fields and penalty & interest. ● All reporting, registration, and tax collection data can be exported anytime in excel CSV formatting. ● Marketplace Booking Reporting. ● Tax Remittance Audit Tool to leverage captured booking data in comparison to tax data. Registration & Licensing ● Online property owner/manager task portal for new and renewal licensing. ● Permitting process online forms and uploads with user prompts. ● Automated reminder notifications and easily customizable notification templates. ● Custom application approval workflows and interdepartmental collaboration. ● All reporting and permit data can be exported anytime in excel CSV formatting. Dedicated Hotline ● Support team phone hotline and online bilingual complaint reporting form. ● US-based 24/7 bilingual complaint hotline. ● Code Compliance centralized online complaint database with dashboard. Additional Included Services Notifications ● Simple integrated notification system with complete data integration via “smart fields.” Data Reporting ● Extensive reporting and filtering functionality to provide City users with readily available short - term rental owner/manager contact data and compliance status. ALL data belongs to San Marcos. 15 This proposal is confidential and shall not be shared with a third party. Services Provided Short-Term Rental Identification, Monitoring, and Compliance $11,521.00 Permitting & Licensing $8,084.00 Tax Collection *Includes 1 Tax Form $8,084.00 24/7 Hotline $4,944.00 STR Max - Annual Cost $32,631.00 This pricing is locked in for 30 days (December 9th,, 2021). Pricing based on a three year contract. All standard Terms of Use can be found at https://kofile.com/govos/engagement/short-term-rentals/terms-of-use and are hereby incorporated into this order. 16 Agenda Item No:3.2 CITY COUNCIL Agenda Item Report Meeting Date: March 1, 2022 Submitted by: David Coulon Submitting Department: Police Item Type: Expenditures Agenda Section: Subject: Discussion of Police seized fund expenditure. (Coulon) Suggested Action: The Code of Criminal Procedure requires that the governing body receive notice of an expenditure of seized and forfeited funds the court has awarded to the Police Department. The department intends to spend $9,500 of these funds on drone equipment and up to $10,000 on gym equipment. The expenditure will be fully covered by this account and will have no impact on the General Fund. Attachments: 17 Agenda Item No:3.3 CITY COUNCIL Agenda Item Report Meeting Date: March 1, 2022 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Miscellaneous Agenda Section: Subject: Council to provide direction to staff regarding future agenda items. (Council) Suggested Action: Attachments: 18 Agenda Item No:4.1 CITY COUNCIL Agenda Item Report Meeting Date: March 1, 2022 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Minutes Agenda Section: Subject: Consider approving City Council Regular Session meeting minutes for February 15, 2022. (Stewart) Suggested Action: Attachments: February 15, 2022 DRAFT Minutes.docx 19 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 15, 2022 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 15 th day of February 2022, 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 councilmembers 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 6:31 p.m. 1.2 Invocation Pastor Adam Young with First United Methodist Church delivered the invocation. 1.3 Pledge of Allegiance to the United States Flag The Pledge of Allegiance to the United States Flag was led by the Webelos Den - Cub Scout Pack 226. 1.4 Salute to the Texas Flag Salute to the Texas Flag was led by the Webelos Den – Cub Scout Pack 226. 1.5 Proclamation recognizing February 17, 2022 as The Colony Public Library Day. Mayor recognized February 17, 2022 as "The Colony Public Library Day". The proclamation was received by Library Director, Megan Charters. 1.6 Items of Community Interest 1.6.1 Receive presentation from the Library regarding upcoming events and activities. Library Director, Megan Charters, acknowledged the Library's 40th Anniversary by presenting a timeline of history in the Library. Megan announced that The Colony Public Library earned its third Texas Municipal Library Directors Association Achievement of Excellence in Libraries Award. 20 City Council – Regular Meeting Agenda February 15, 2022 Page| 2 2.0 CITIZEN INPUT Keri Quinn, 3949 Creek Hollow Way, spoke concerning the control of storm water runoff from Live Oak Logistics Park. 3.0 WORK SESSION 3.1 Receive a presentation from the Texas Coalition for Affordable Power (TCAP). Margaret Somereve, Executive Director, with Texas Coalition for Affordable Power (TCAP) presented a founding member recognition to the city council. 3.2 Discuss and provide direction to staff regarding the date and location of the 2022 annual Council Retreat. The annual Council Retreat will be held on April 29-30, 2022 with location and time to be determined. 3.3 Council to provide direction to staff regarding future agenda items. Mayor announced that on March 22, 2022 representatives from the Denton County Appraisal District Board of Directors will be present for a brief discussion. 4.0 CONSENT AGENDA Motion to approve items from the Consent Agenda- Marks; second by Wade, motion carried with all ayes. 4.1 Consider approving City Council Special Session meeting minutes and Regular Session meeting minutes for February 1, 2022. 5.0 REGULAR AGENDA ITEMS 5.1 Conduct a public hearing, discuss an ordinance for amendments to Planned Development-19 (PD-19) District, by modifying Section II- Business Park Regulations to define and establish regulations for Storage, open (visual screen) within the 97.55 acre tract of land for Business Park (warehouse and light fabrication and assembly) uses. The subject site is located east of Standridge Drive, north of Memorial Drive, west of Main Street and south of the Ridgepoint neighborhood. Senior Planner, Isaac Williams, presented an overview on the proposed ordinance to Council. The Development Review Committee recommended approval of this variance based on the access limitation associated with this site and the design features incorporated into the new roadway connection. On January 25, 2022, the Planning and Zoning Commission voted (7-0) to recommend approval of the variance. 21 City Council – Regular Meeting Agenda February 15, 2022 Page| 3 The public hearing was opened at 7:04 p.m. Bill Dahlstom, 2323 Ross Avenue, Dallas, appeared in support of the proposed ordinance. Keri Quinn, 3949 Creek Hollow Way, appeared in opposition. With no other speakers the public hearing closed at 7:06 p.m. Motion to approve- Marks; second by Terre, motion carried with all ayes. ORDINANCE NO. 2022-2461 5.2 Discuss and consider approving an engineering variance to Section 2.07 Median Openings - Engineering Design Manual, to allow a median opening at 430 feet, where 600 feet is the minimum, in accordance with the Code of Ordinances Section 6-124 - Variance. The subject site contains approximately 18 acres and is located east of the northeast intersection of Plano Parkway and Windhaven Drive within the Planned Development 22 (PD-22) Zoning District. Senior Planner, Isaac Williams, presented this item to Council. The Development Review Committee recommends approval of this variance. On February 8, 2022, the Planning and Zoning Commission voted (7-0) to recommend approval of the variance. Council provided discussion on this item. Motion to approve- Marks; second by Ensweiler, motion carried with all ayes with the exception of Councilman Terre voting no. 5.3 Discuss and consider approving an engineering variance to Section 3.01 Table II-7 B - Engineering Design Manual, to allow a curb cut dimension of 94.5 feet where 230 feet is the minimum, in accordance with the Code of Ordinances Section 6-124 - Variance. The subject site contains approximately 18 acres and is located east of the northeast intersection of Plano Parkway and Windhaven Drive within the Planned Development 22 (PD-22) Zoning District. Motion to approve- Marks; second by Schrag, motion carried with all ayes with the exception of Councilmembers Ensweiler and Terre voting no. 5.4 Discuss and consider approving a resolution authorizing the City Manager to execute a Private Transfer Agreement (Grant by Special Warranty Deed) by and between The Colony Local Development Corporation and LMG Ventures, LLC, conveying an approximately 6.934 acres of land consisting of Lot 1, Block E of the Grandscape Addition Phase II, an addition to the City of The Colony, Denton County, Texas. 22 City Council – Regular Meeting Agenda February 15, 2022 Page| 4 Executive Business Liaison, Jeremie Maurina, presented the proposed resolution to Council. Motion to approve- Wade; second by Ensweiler, motion carried with all ayes. RESOLUTION NO. 2022-011 5.5 Discuss and receive direction regarding the installation of a dedicated dual left turn lane at the intersection of eastbound and westbound SH 121 Frontage Road and Paige Road. Director of Engineering, Ron Hartline, provided an overview on this item to Council. 5.6 Discuss and consider an ordinance approving a budget amendment adding a new project to the approved Fiscal Year 2021-2022 GF Capital Projects Fund in the amount of $212,000.00 for engineering design and construction services for adding dual left turn lanes at the SH 121 Frontage Road and Paige Road. Motion to approve- Schrag; second by Ensweiler, motion carried with all ayes. ORDINANCE NO. 2022-2462 Executive Session was convened at 8:20 p.m. 6.0 EXECUTIVE SESSION 6.1 A. 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 board member - Library Board and Keep The Colony Beautiful Board. Regular Session was reconvened at 8:51 p.m. 7.0 EXECUTIVE SESSION ACTION 7.1 A. Any action as a result of executive session regarding the appointment, evaluation, reassignment, discipline, or dismissal of a board member. Motion to approve the dismissal of Jade Kelly from the Library Board, Place 6- Schrag; second by Ensweiler, motion carried with all ayes. Motion to approve the reassignment of Jarret Davis from Keep The Colony Beautiful Board, Place 6 to the Library Board, Place 6- Wade; second by Holtz, motion carried with all ayes. 23 City Council – Regular Meeting Agenda February 15, 2022 Page| 5 Motion to approve the appointment of Cody Carpenter to Keep The Colony Beautiful Board, Place 6- Holtz; second by Ensweiler, motion carried with all ayes. ADJOURNMENT With there being no further business to discuss the meeting adjourned at 8:53 p.m. APPROVED: __________________________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: _______________________________ Tina Stewart, TRMC, CMC City Secretary 24 Agenda Item No:4.2 CITY COUNCIL Agenda Item Report Meeting Date: March 1, 2022 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Expenditures Agenda Section: Subject: Consider approving Council expenditures for December 2021 and January 2022. (Council) Suggested Action: Attachments: Council Expenditures Dec 2021 Jan 2022.pdf 25 26 27 28 Agenda Item No:4.3 CITY COUNCIL Agenda Item Report Meeting Date: March 1, 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 in the amount of $108,840 for the upgrade of TRAKIT software. (Perez) Suggested Action: Software upgrade was included in the 2020/2021 CIP budget. Attachments: Res. 2022-xxx Trakit Upgrade.docx 29 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 TRAKIT SOFTWARE; 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 Trakit software. 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 1ST DAY OF MARCH 2022. ______________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: ___________________________________ Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: ___________________________________ Jeff Moore, City Attorney 30 Agenda Item No:4.4 CITY COUNCIL Agenda Item Report Meeting Date: March 1, 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 in the amount of $1,000,000 for the repair of streets, alleys, and sidewalks. (Whitt) Suggested Action: Repairs are included in the 2021/2022 CIP budget. We will use an interlocal agreement with the City of Flower Mound and their contract with F&F Construction. Attachments: Res. 2022-xxx Alley Sidewalk Street Repair.docx 31 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 STREET, ALLEY, AND SIDEWALK REPAIR; 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 a purchase order for the repair of streets, alleys, and sidewalks. 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 1ST DAY OF MARCH 2022. ______________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: ________________________________ Tina Stewart, TRMC, City Secretary APPROVED AS TO FORM: Jeff Moore, City Attorney 32